166 Sketch of a general Incloſure Bill,[Sept.

the úfurped land, may be taken /rom him, as an equivalent for

giving him a valid title to the remainder. Some ſuch arrangement-

15 2s prudent as it is equitable; for theſe people, ouſted of their dubious rights and claims, would certainly prove ill neighbours to the new incloſures; and, though they might be ſeverely puniſhed by law, that ſevere puniſhment would cauſe unpleaſant ſenſations in the proſecutors, and might transform the treſpaſſer into a dan- gerous deſperado, an incendiary or affaſſin.—6. Laſt(though not leaſt) appears the claim for tythes; for I ſhall not ſuppoſe any inclofuare, without a mutual wiſh for an equivalent by allot- ment of part of the land. The tythe'is ſometimes in one hand, ſometimes is divided into two properties, the reéorial and vicarial tythes. To ſhorten the buſineſs, I ſhall ſuppoſe the tythe as a fole property of a reétor: for, in the other cale, the whole, the total equivalent to be aſMigned will not difer; and its after-divi- fion betwixt the improprictor and the vicar is not difficult. The payment for tythe in England averages at about four ſhillings in the pound, though it muſt be allowed(with your correfpondent, page 31) that tythes are really of more value than four, or even úx ſlhilliogs in the pound; yet, in the caſe of new incloſure, there zre reaſons to moderate the demand. In the firſt place, no tythe zs to be abſtra@ted from a new incloſure for the ſeven firſt years. Stat. Edu. VI. Tythe, in this caſe, is to be conſidered as a per- petual annuity, commencing ſeven years hence. This lowers its value 2 full third. In the next place, it 1s to be conſidered, that in moſt caſes all incloſure muſt be precluded, if the tythe be not compenlated by allotment; therefore it is the intereſt of the tythe- owner to be moderate, for encouragement of farther incloſure. In caſe of the clergy poſſefing the tythe(as a life-hold), this ap- plies ſtrongly: /me rent may immediately be got for the allot- ment z; zone can reſult in any other made for ſeven years, which goes deep into the value of a life-hold.‘Tythe cannot be above úx fuillings in the pound in uſual ſituationè z the alternative of enlarging the vicarial tythe(already bargained for) by planting hops and potatoes; or, at worſt, by laying down the land to paſ- ture, the utmoſt worth is never actually paid. The ſix ſhillings ïs reduced to four ſhillings in the: pound, on the conſideration of the diſtant commencement of the claim for actual tythe; there- fore one fifth part of the land incloſed is a uſual and very fair portion to be afligned as an eguivalent for all claims for tythe.

I ſhall proceed to conſider the poſſibility of what I have called «e 4 general Bill for partial Incleoſure.” By this phraſe, I mean 2 power given to every landholder to ſurrender for ever all right of commonasge, and ſingly to. claim an allotment adequate *» his juſt ſhare of the parilh or tything. It is plain enough that in conſeguence this implies a general incloſurez; ſince where one incloſed, every one elſe would, in envy or emulation, pre-