The following letter was written when there were many Acts regarding the Inclosures. The gist is: Has the land been fenced for 20 years? And; if a Morridge Sheep can get through or over a fence into some land, does this make that land into common land. If so, the Commissioners will be discussing it for a long time to come!
Basford Hall May 15th 1839
Dear Sir
I have to acknowledge the receipt of your Letter of the 13th instant by this mornings post containing a copy of Mr Osbourne’s opinion on the Blackmere Inclosure Case. As yet I have had no opportunity of seeing the case of Gullett & Losses alluded to by that Gentleman & which he seems to rely upon as an authority to rule the BM case. If Mr Osbourne’s law be good which I don’t believe it to be the Commissioners need only in their perambulations make two enquiries viz Has this piece in the memory of man been ever part of the Alstonefield Common & Has the fence for 20 consecutive years during the time that it has been inclosed ever been so that a Morridge Sheep could jump over it? And provided the answer to the first questions should be Yes – And the answer to second should be the fence has not always been such as would prevent the Morridge Sheep from getting over or through it. Then according to Mr Osbourne’s Law the Commissioners would be bound to declare the Inclosure to be part of the Waste Lands which it became their duty to deal with, as they have dealt with all the rest.
Since I last addressed you I have ascertained that I shall not be short of witnesses to prove that my Inclosure was originally made at the time when many others were made by a kind of general consent of the Commoners & that the possessors of the Farm have enjoyed the possession of it for nearly 30 years without interruption either from the Lord of the Manor or the Commoners. If it should be required from me to prove that the Morridge Sheep have not occasionally disputed my right – altho’ they have now and then been forcibly ejected. I should be obliged to acknowledge that they have occasionally claimed a right to feed upon the Land. But if this claim should be considered good against me similar evidence may be brought against not only every Inclosure from the Waste Lands, but against almost every estate in the Lordship. The Sheep which I and the Tenants of the Farm used to put upon the Commons used to claim similar privileges & I fancy that the Ox Badge Inclosure was occasionally visited by them. About a dozen years ago there were but very few fences in the lordship of Alstonefield which would ??r?? a Morrridge Sheep & consequently if the occasional depasturing of Sheep from the Common is proof positive that the lands is Common land the Commissioners will I think scarcely finish their labours by the allotted time.
I am Sir
Yours faithfully
John Sneyd