The following text is reproduced from a pamphlet published in 1896 by John Whitehead of Edgworth, Newsagent and Stationer, titled 'A Pamphlet Containing a Full and Literal Transcription of an Ancient Document, describing the Division of the Ancient Common Lands called Edgworth Moors in the Year 1672'.
PREFATORY NOTE.
This brief note is written as an introduction to the following document which relates how in 1672 the Freeholders of Edgworth and Entwistle agreed-after many years of bickering and strife-to place the division of the ancient Common Land called Edgworth Moors in the hands of arbitrators.
The reader will readily perceive that the date takes one back to the days of Charles II., when the people were tainted with Wiggery were harassed in their business or profession, whatever it happened to be, by the "King's men."
Many were the harsh things done at this period of our history. The dwellers in this portion of England probably wonder how the land was portioned out in such a manner as to yield, the picture as seen from any hill top, of stone wall, and copse covering the whole landscape.
It comes not within the purview of this note, to set forth the "Farm Steading Movement" in the time of Queen Elizabeth; but rather to briefly state how, when the Freeholders who supported Cromwell. and the Parliament against Charles I., were confronted by another Charles at the Restoration, so called, it was made plain to them that no such attainted person would ever be allowed a life of comfort in his Freehold. So the Freeholders have been a diminishing section of our citizens, from the latter part of the 17th Century down to this day.
A perusal of the Document will show how the old English custom of "Common" use of Lands by the whole of the inhabitants of a district was acknowledged so lately as 1672, in Edgworth; and it will also be seen that much of the ancient Common has not been lost to the inhabitants. It will appear to some, no doubt, that the Parish Council has here an opportunity to claim the ancient parish rights to the Moors from Broadhead, i.e., Crow Thorn to Black Moss or Stanley Rake. There certainly is sufficient cause for an investigation of the matter, and doubtless the inhabitants of Edgworth will see to it.
The document here presented has been in the possession of the Orrell family upwards of two hundred years, and at the present time is in the keeping of Mr. William Orrell, Meadowcroft, Quarlton.
The present generation remembers "Old Isaac Orrell," the father of William, as the genial village Wheelwright, and Yeoman Farmer, who but recently died at the ripe age of 86, leaving an old family chest, in which had lain many years, a varied collection of old-world literature, and amongst these the parchment relating to the great division of the Common Land.
The writer remembers well the cheery old man, whose girth and weight in his prime were almost gigantic; and whose presence in the wheelwrights' shop, redolent of paint and seasoning timber, or at the saw pit, "by 'th Fowt Gate," where oak and ash were made to contribute a sweet smelling carpet for the pit bottom, is a picture in the minds' gallery which will never fade.
It is this same old Isaac's forbear who took part in the division of the Ancient Common, called Edgworth Moors, in the time of the Merry Monarch-he who caused such misery, sorrow, and disgrace during the 25 years he occupied the English Throne.
March 17, 1896, D. W.
DIVISION OF EDGWORTH MOORS.
TO ALL CHRISTIAN PEOPLE to whom this present writing of awards indented shall come to be read, heard, or seen, Henry Knowles, of Edgworth, in the county of Lancaster, yeoman, and Francis Norbury of Entwistle, in the same county of Lancaster, yeoman, Whereas send greeting in our Lord God everlasting. divers variancies, controversies, grievances, and suits have been held and yet are depending between the free-holders of the town of Edgworth, aforesaid, in the said county, upon the one part, and the freeholders of the town or hamlet of Entwistle aforesaid in the said county upon the other part, concerning their respective rights titles and interests of, in, and unto the great common called Edgworth Moor, lying and being in Edgworth aforesaid in the said county of Lancaster, and also concerning certain ways to and from the said common and other matters and controversies betwixt the said parties for pacifying, ordering and ending of all which variancies, controversies and suits, Hugh Entwistle and George Longworth, both of them of Entwistle aforesaid, in the said county, yeomen, for and on the behalf of themselves and the rest of the freeholders of Entwistle aforesaid and Gyles Entwistle and Lawrence Horrocks, both of them of Edgworth aforesaid, in the said county, yeomen for and on behalf of themselves and rest of the freeholders of Edgworth aforesaid, have bound themselves severally and respectively each to other in the sum of £400 lawful money of England, by their several obligations bearing date the 13th day of this instant month of March with conditions thereunder written to stand, to abide, perform, fulfil, and keep the arbitrament order, final, end, doom, judgment, and award of us the said Henry Knowles and Francis Norbury arbitrators, indifferently elected and chosen as well upon the parts and behalfs of the freeholders of Entwistle aforesaid, as upon the parts and behalfs of the freeholders of Edgworth aforesaid to arbitrate, order, doom, judge, and award, of for, upon, and concerning the premises, so as the same order, arbitrament and award be made and delivered or ready to be delivered unto the said parties or some of them by writing indented under the hands and seals of us, the said arbitrators, on or before the eighteenth day of this instant, month of March (being the very day of the date hereof), as by the said obligations and the conditions thereof, relation being thereunto had more fully may appear. Know you now that we, the said Henry Knowles and Francis Norbury, taking upon us the charge and burden of the said award, and having deliberately heard and examined the griefs, allegations and proofs of all the said parties, and being ourselves also concerned in the premises, and withal weighing and considering the great charges and expenses that already have been and are now likely to be shortly hereafter expended in and about the several law suits, inditements replevins, and and other actions, quarrels, and controversies depending betwixt the said parties concerning the premises, if the same be not speedily composed by way of agreement, order, and award. We, therefore, the said Henry Knowles and Francis Norbury do by these presents arbitrate, order, doom, judge and award of and concerning the premises in manner and form following: That is to say, first, we do order, doom, judge, and award that the several, and respective freeholders of Entwistle aforesaid, and their heirs shall have four score acres of the said great common called Edgworth Moors, of the large measure there used to have and to hold to them and their heirs for ever, to be holden of the chief lord or lords of the fee or fees thereof by the rents and service therefore due and of right accustomed for and in lieu and satisfaction of their share and proportion of all their rights, titles, claims and demands whatsoever The same to be of, in or unto, the said common. measured at the equal charges of both the said towns or hamlets by two such honest, indifferent, and skilful persons for that purpose as we the said arbitrators shall within two months now next ending nominate and appoint, and to be laid forth within the limits and boundaries following. That is to wit to begin upon the clough bank called Wheatshaw (those above the the way there leading betwixt a certain place in Edgworth aforesaid called Broadhead, and the town of Bolton-in-the-Moors and the said county) and go on southwards to the town of Edgworth-low above a certain place there called the "Cross," standing on Edgworth-low (taking in a considerable quantity of the stone delphs there), so going from the said first. mere or place before mentioned Eastward till it extends to 3 scores and 4 roods in breadth overthwart the said common and so going from the said first before mentioned mere or boundary close up to the south side of the said Wheatshaw Clough Bank (taking in the breadth aforesaid), so far up the said common North- wards, or North-eastward as will make up the said four score acres, saving and reserving a way of eight yards in breadth all along after the side or brink of the said Wheatshaw Clough so far as the said four score acres extends, to be deducted and taken out of the said four score acres for the use of all and every the inhabitants of Edgworth aforesaid, other people having occasion to use the same way and no other way nor ways whatso- ever to be had used or laid forth within the said four-score acres, excepting the said way last mentioned, and that the same way to be made and laid forth on the outside of the wall or fence hereafter herein mentioned. And we do further order and award that the said four-score acres (except the said way last mentioned) shall be enclosed from the rest of the said common before the end of two years next ensuing, from the date hereof, at the equal charges of the said two towns or hamlets by a good and sufficient stone wall to the height of two yards above ground; the one half of the said wall to be made by the freeholders of Edgworth aforesaid or their assigns, and the other half thereof by the freeholders of Entwistle or their assigns, and that all parties shall have liberty to get and lead stones in most convenient places of the said common for the making and perfecting the said wall or fence, doing no wilful or voluntary waste that may conveniently be avoided, and in such places where there s not sufficient groundwork for the said stone wall there, the same shall be ditched or otherwise, sufficiently fenced within the time aforesaid, and that and upon such equal charges as aforesaid, and after the said new wall be made and finished as aforesaid, then all parties to be confined within their respective limits and boundaries aforesaid for getting of stone or any other mineral whatsoever, and the said freeholders of Entwistle aforesaid their heirs and assigns, to be from thenceforth for ever debarred and excluded from common or pasture or any other right, privilege, claim, or demand whatsoever to the residue of the said common. And further also we order and award that after the said wall and fence be made and finished as aforesaid, then the freeholders of Entwistle aforesaid their heirs and assigns shall repair, uphold, and keep sufficient their half of the said wall and fence, and the freeholders of Edgworth, their heirs and assigns, shall repair, uphold, and keep sufficient their half of the said wall and fence, from time to time as need shall require for ever. And we further order and award that all and every springs of water, and other gutters or watercourses running down along the said common shall not hereafter be stopped or converted any other way than now they run by any person or persons whatsoever; but the same to be kept and continued by the persons through whose lands they respectively run in the usual and accustomed water- courses, and as now they run at the sealing and delivery of this our award. And we do further order and award that the several respective and freeholders of Entwistle aforesaid, their heirs and assigns, for their better easements and of their said part and portion of common shall have two ways within Edgworth aforesaid betwixt the hamlet of Entwistle and the said common called Edgworth Moor. The one way by and through the lane called Hob-lane, and the other by and through the common highway leading betwixt Weoh Bridge and the said Hob-lane, and at the Hob-lane gate, the said two ways to meet, and from thence but one way to and from the said Entwistle part of the common by the new house there, lately built by George Longworth, or in some convenient place betwixt the said new house and the said cross standing on Edgworth Low, to be appointed and set out by the freeholders of Edgworth aforesaid, their heirs or assigns, and that there shall be one gate and no more for passage into the said Entwistle part of the common, and that to be made and maintained sufficiently from time to time by the freeholders of Entwistle afore- said, their heirs or assigns, in a convenient place of their part of the said wall or fence aforesaid, and we do further order and award that the freeholders of Edgworth aforesaid, and their several and respective heirs and assigns, shall have all the rest and residue of the said great common called Edgworth Moor, and all the waste, encroachments, turbary moss ground, and appurtenances to the same belonging (the said four score acres excepted). to have and to hold to them their heirs and assigns for ever without any further or future claim or demand of any common of pasture or turbary or other right, title, privilege, or prescription whatsoever to be had or made thereunto by the said freeholders of Entwistle aforesaid, their heirs or assigns, or any of them or any claiming under them, save only that for the space of two years next ensuing the date hereof (by which time we have already herein before ordered and awarded that the said new wall and fence shall be made and finished) the said freeholders and inhabitants of Entwistle aforesaid shall have and use common of pasture for their cattle on the said common as formerly they have had, and yet nevertheless upon this condition and restriction that if the freeholders of Edgworth and finished their assigns shall have made their half part of the said wall or fence before that time, then afterwards for the remainder of the said two years the freeholders and inhabitants of Entwistle aforesaid shall not surcharge the said common with over much cattle, but pasture proportionately and according to what this the said fourscore acres may be indifferently judged to maintain during the same time, and further also, we do order, judge, and award as well that the several and respective freeholders of Edgworth aforesaid, their heirs and assigns and every of them, as also that the several and respective freeholders of Entwistle aforesaid, their heirs and assigns and every of them respectively shall, from time to time, and at all times during the space of seven years next ensuing the date hereof, do make knowledge, suffer, and execute all and every such act and acts, thing and things, device and devices, conveyance and in the law conveyances, assurance and assurances, whatsoever for the further and better assurances, surety and sure making of the said four score acres of common, with the appurtenances to the several and respective freeholders of Entwistle aforesaid, their heirs and assigns, and the residue of the said common with the appurtenances to the several and respective freeholders of Edgworth aforesaid, their heirs and assigns for ever according to the tenor and purport of this our present award; be it or they by fine or fines, recovery or recoveries, confirmation, by decree or decrees, of the chancery or duchies court, or otherwise as by for, or on behalf of, the several and respective freeholders of either of the said towns or hamlets, their heirs or assigns, any of them or their, of their counsel or counsels learned in the law, shall be in that behalf lawfully and reasonably devised or advised, and require of the several and respective freeholders of the other of the said towns or hamlets respectively, their heirs and assigns or any of them all the reasonable costs and charges in the law of the And lastly, we party or parties requiring the same. order, judge and award that all actions, suits, bills, plaints, and informations heretofore commenced by any of the said parties against other touching or concerning the premises, and now depending in any court or courts of law or equity whatsoever shall from henceforth sur- cease, and be no further prosecuted nor proceeded in by any of the said parties against the other or by any other person or persons, in their or any of their names or by their or any of their means, privities, or procurements, but that all such actions, suits, bills, plaints, and informations shall, at the cost and charges of all and every the plaintiff or plaintiffs in any such action or actions, suit or suits, be utterly discontinued and made null and void, and that all and every the parties of either of the said towns or hamlets shall from henceforth be loving friends and neighbours to the others of the other of the said towns or hamlets, forgiving and forgetting all former quarrels, trespasses, controversies, and grievances whatsoever by any of them against the other heretofore had moved or conceived by thought, word, deed, or otherwise. In witness whereof we, the said arbitrators, have to both parts of this present writing of award indented, set our hands and seals the 18th day of March, Anno Domini, 1672
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| John Whitehead Newsagent and Stationer (Edgworth) |
