An act for inclosing and dividing the common fields, moors, and common grounds, in the township of Rotherham 1762
Whereas there are several arable or manureable Lands & Grounds lying and being and comprised within the common Fields in the Township of Rotherham in the West Riding of the County of York, called the Gallow-Tree-Hill or Haselgreave Field, Badsley Moor Field or Micklehill Field, the Netherfield, Saint Ann's Well Field, and Canklow Field ; and also certain Lands and Grounds called Michaelmas Land, formerly taken in from the Common Fields, and which are inclosed and used by the owners thereof as separate Property during part of the year, and at Michaelmas in every Year laid open and depastured in Common respectively, containing together by estimation about seven hundred and fifty acres; and also a piece of Open Pasture, common or waste ground, called Badsley Moor, adjoining to Badsley-moor Field or Micklehill Field aforesaid, containing about Seventeen Acres; also a certain piece of open Pasture or waste Ground, in Saint Ann's Well Field called the Butts, containing about Three Acres; and also a certain common Heath or waste Ground, called Rotherham Common or Rotherham Moor, containing about Two hundred Acres:
And whereas the Right Honourable Thomas Earl of Effingham is Lord of the Manor of Rotherham aforesaid, and also Impropriator of the Rectory and Patron of the Advowson of the Parish Church of Rotherham aforesaid, and is also intitled to all the Tythes, both Great and Small, arising or renewing within the said Township (other than and except such Small Tythes, Duties and Payments, as belong and are payable to the Vicar of the Parish Church of Rotherham aforesaid, for the Time Being,videlicet. For every Plough Four Pence, for every Foal Four Pence, for every Dovecoat Four Pence, for every Malt Kiln Four Pence, for every Person exercising any Trade Four Pence, for every House Two Pence,,for every Communicant Two Pence, for every Hive of Bees One Peny, for Servants Wages One Farthing in the Shilling, for every Garden One Peny, and for every Milch Cow kept within the said Parish Three half-pence, in lieu of the Tyth of Milk and Calves):
And whereas the said Thomas Earl of Effingham and the Right Honourable William Earl of Bessborough in the Kingdom of Ireland, Catherine Buck, widow and several other Persons who are respectively seised of and entitled to the Lands and Grounds above-mentioned and who are also owners and Proprietors of Ancient Messuages or Tenements, Tofts or Frontleads, called Common Right Houses, in the said Township of Rotherham, are by ancient usage or custom intitled to or do respectively claim such right of Common for their cattle in, over and above the said Fields, Land, Pastures, Moors, and Waste Grounds, in such manner, and under and subject to such Rules, Stints and Restrictions as are herein after mentioned; that is to say the owners and proprietors of Lands in the common fields, and Michaelmas lands do, for every acre of their said Lands respectivelt lying fallow. claim a right to turn in and depasture Six Sheep in and upon all the said Commons, Moors and waste Ground during the winter, until the Fourth Day of May Old Stile in every year and from thence to Lammas Day, or the First day of August Old Stile in every Year, a Right to depasture the said Six Sheep in and upon that Part of the said Moor called Rotherham Moor or Common, which lieth under the Highway over the said Moor leading to Whiston, in the said County, called the High Gate or London Way and then to turn in and depasture the said sheep promiscuously, and together with the cattle of other owners of Common Right Houses upon the Common Fields and Michaelmas Lands, in the township Of Rotherham aforesaid, which will then be laid open and commonable; and as the said Owners of the said Common Right Houses, have by constant custom and usage, depastured their commonable Cattle in and upon the Herbage and Grass grounds lying in the said common arable fields and Michaelmas lands, and of which they will be deprived and defeated by means of the said intended inclosure, they now claim that Lands and Grounds should be assigned and allotted to them respectively upon the said Inclosure in Lieu of, and as a Recompence and Satisfaction for the loss of the said Common Right, in and upon the said Herbage and Grass grounds as aforesaid; and the said Owners and Proprietors of Lands and Grounds in the said Common arable fields and Michaelmas Lands do also claim an Allotment of Lands and Ground to be made to them in lieu of and as an Equivalent for their Right of Common for Sheep upon the said Moors, Commons, and waste Grounds, in respect of their said Fallow:
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May it therefore please your Majesty; That it may be Enacted, and be it Enacted, by the KING'S most Excellent Majesty, by and with the advice and content of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same. That all the said common Fields, Michaelmas Lands, common Pastures, Moors, and waste Grounds, lying and being within the Manor and Township of Rotherham aforesaid, shall, on or before the Twenty-ninth day of September One thousand Seven hundred and Sixty-four, be set out, divided, apportioned and allotted, by George Walker of MiddlewoodWilliam Marsden of Barnsley, in the same County, Esquire, Thomas Smith of Balby, in the same County, Gentleman, Joseph Pursglove of Wickersley, in the same County, Gentleman, and Henson Kirkby of Worksop, in the County of Nottingham, Gentleman, or Their Successors or any Three or more of them, in the Manner, and subject to the rules, Orders, and Directions, in and by this Act ordered and directed, established, appointed and prescribed.
and payments herein mentioned to belong and to be payable to him and them respectively, or to any Mortuaries, Easter Offerings or Surplice Fees, happening, arising or renewing, within the said Parish of Rotherham.
And whereas Elisha Biscoe Esquire, and Vincent John Biscoe, Esquire, Executors of the last Will and Testament of Joseph Biscoe, Gentleman, deceased, are, by virtue of and under a Lease made to the said Joseph Biscoe, their father, possessed of the Manor House, Messuage and Farm, called Eastwood, and the Lands and Grounds thereunto belonging, being within the Township of Rotherham, containing by estimation Two Hundred and Fifty-one acres, and of all the Tythes of Corn, Grain and Hay, and all other Tythes growing, renewing, or arising, off or upon the same, for the Residue of a Term of Sixty-one years, commencing from the Twenty-ninth day of September One thousand Seven hundred and thirty-three : It is hereby further enacted That the Lands and Grounds which upon the said intended Inclosure, shall be assigned and allotted to the said Elisha Biscoe and Vincent John Biscoe , by virtue and in pursuance of this Act, for in lieu, or in respect of the said Messuage or Farm called Eastwood and the lands and Grounds thereto belonging, or any part thereof respectively, shall be held and enjoyed by them, and all Persons claiming under them, for all the residue and remainder of the said term of Sixty One Years, now to come and unexpired, freed, discharged,and exempted of and from all the Tythes of Corn, Grain and Hay, and all other Tythes, arising, renewing, or payable for, out of, or in respect of the same, and without paying any yearly or other Sum to the said Thomas Earl of Effingham, or the Impropriator of the said Rectory for the Time being, in respect of such Tythes; anything herein contained, declared or implied, to the contrary in any-wise notwithstanding.
Vincent John Biscoe (1721–70), was a West India merchant. His brother Elisha Biscoe (1705–76), a prosperous attorney , landowner. Their father Joseph was a wealthy landowner with properties in Middlesex, Hertfordshire, Buckinghamshire and Oxfordshire. He was Deputy Chirographer of the Court of Common Pleas, who died in 1750
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