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63-462: Kennington Common was a swathe of common land mainly within the London Borough of Lambeth . It was one of the earliest venues for cricket around London, with matches played between 1724 and 1785 . The common was also used for public executions , fairs and public gatherings. Important orators spoke there, addressing crowds numbering tens of thousands. In 1600, the common was bounded on

126-435: A marking fee is paid each year for each animal turned out . However, if excessive use was made of the common, for example, in overgrazing , a common would be stinted , that is, a limit would be put on the number of animals each commoner was allowed to graze. These regulations were responsive to demographic and economic pressure. Thus rather than let a common become degraded, access was restricted even further. The lord of

189-407: A parish council is normally given guardianship by vesting the property under section 8 the act. An online database of registered common land was compiled by DEFRA in 1992–93 as part of a survey of the condition and wildlife of commons. The official up to date registers of common land are held by the commons registration authorities. The following registration information is held: This includes

252-415: A description of the land, who applied to register the land, and when the land became finally registered. There are also related plans which show the boundaries of the land. This includes a description of the rights of common (e.g. a right to graze a certain number of sheep), the area of common over which the right is exercisable, the name of the holder of the right and whether the right is attached to land in

315-476: A house on common land, raise the roof over their head and light a fire in the hearth, then they would have the right of undisturbed possession. The belief—sometimes called "keyhole tenure", and which persisted as recently as the early 20th century—was actually a fallacy, but to stop landless peasants unlawfully squatting on commons, the Erection of Cottages Act 1588 ( 31 Eliz. 1 . c. 7) was introduced. Under

378-534: A level field which was ideal for grazing animals or playing team ball games. "During the holiday season, Kennington Common in the last (18th) century was an epitome of "Bartlemy Fair", with booths, tents, caravans, and scaffolds, surmounted by flags. It also had one peculiarity, for, as we learn from "Merrie England in the Olden Time", it was a favourite spot for merryandrews, and other buffooneries in open rivalry, and competition with field-preachers and ranters. It

441-405: A manor. A commoner would be the person who, for the time being, was the occupier of a particular plot of land. Most land with appurtenant commons rights is adjacent to the common. Other rights of common were said to be in gross , that is, they were unconnected with tenure of land. This was more usual in regions where commons were more extensive, such as in the high ground of Northern England or in

504-542: A number of commercial and community events are held in the park each year and recently the Flower Garden was restored with a Heritage Lottery grant. The Friends of Kennington Park, FoKP, was founded in 2002 and provides a local forum for park issues as well as fundraising for improvements. Although there are no available written records of the area before 1600, analysis of the area's archaeology and landscape reveals its earlier history. Recently discovered post stumps in

567-619: A right in, or over, common land jointly with another or others is usually called a commoner . In Great Britain, common land or former common land is usually referred to as a common ; for instance, Clapham Common and Mungrisdale Common . Due to enclosure , the extent of common land is now much reduced from the hundreds of square kilometres that existed until the 17th century, but a considerable amount of common land still exists, particularly in upland areas. There are over 8,000 registered commons in England alone. Originally in medieval England

630-495: A series of private acts of Parliament, mainly from about 1750 to 1850, which enclosed large areas of common, especially the arable and haymeadow land and the better pasture land. The maintenance of fences around a common is the responsibility of the occupiers of the adjacent enclosed land, not (as it would be with enclosed land) the responsibility of the owners of the grazed livestock. This can lead to difficulties where not all adjacent occupiers maintain their fences properly. However

693-461: A strategic mound or tumulus , and an important fork in the main road from the river crossing which is now known as London Bridge . This made it a sacred place of 'national' assembly which may have related to the jetty or bridge. The mound may have also been used by the locals of the South London marsh community as a refuge from tidal flash floods. As the flood water receded, the river silt left

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756-445: Is known to have been used for top-class matches in 1724. Kennington Park hosts the first inner London community cricket ground, sponsored by Surrey County Cricket Club whose home, The Oval , is close to the park. Casual games of both cricket and football are regularly held in the park. In the 1970s, the old tradition of mass gatherings returned to the park which was host to the start of many significant marches to Parliament . Today,

819-410: Is substantial support among those with interests in the land, such as; the commoners (especially those who actively exercise their rights); owners and other legal interests. Commons councils enable decisions to be made by majority voting, so relieving the burden of trying to reach unanimous decisions. They will have the power to make rules about agricultural activities, the management of vegetation, and

882-399: Is the prime consideration and where the owner and commoners do not require a direct voice in the management, or where the owner cannot be found. There are at least 200 schemes of management made under the 1899 act. The Law of Property Act 1925 ( 15 & 16 Geo. 5 . c. 20), which still forms the core of English property law, has two provisions for common land: The UK government regularised

945-474: The Commons Act 1876 ( 39 & 40 Vict. c. 56) some 36 commons in England and Wales were regulated. The act also enabled the confirmation of orders providing for the inclosure of common land or common fields. The Commons Act 1899 ( 62 & 63 Vict. c. 30) provides a mechanism of enabling district councils and National Park authorities to manage commons where their use for exercise and recreation

1008-509: The Fens , but also included many village greens across England and Wales. Historically manorial courts defined the details of many of the rights of common allowed to manorial tenants, and such rights formed part of the copyhold tenancy whose terms were defined in the manorial court roll. Example rights of common are: On most commons, rights of pasture and pannage for each commoner are tightly defined by number and type of animal, and by

1071-494: The Parliament of England . The exact usufruct rights which apply to individual commons were in some cases documented, but more often were based on long-held traditions. A major reform began in 1965, with a national register of common land which recorded the land ownership and the rights of any commoners, and two other important statutes have followed. Owners of land in general have all the rights of exclusive ownership, to use

1134-517: The common arable fields and common haymeadows assigned annually by lot . When not in use for those purposes, such commons were grazed . Examples include the common arable fields around the village of Laxton in Nottinghamshire, and a common meadow at North Meadow, Cricklade . Lammas rights entitled commoners to pasture following the harvest, between Lammas day, 12 August ( N.S. ), to 6 April, even if they did not have other rights to

1197-502: The 16th century. By the 19th century, unenclosed commons had become largely restricted to large areas of rough pasture in mountainous areas and to relatively small residual parcels of land in the lowlands. Enclosure could be accomplished by buying the ground rights and all common rights to accomplish exclusive rights of use, which increased the value of the land. The other method was by passing laws causing or forcing enclosure, such as Parliamentary enclosure. The latter process of enclosure

1260-851: The 2006 act, and to add land omitted under the 1965 act. Other than for those commons covered by the Law of Property Act 1925 , the Commons Act 1899 and certain other statutes, the public did not have the right to use or enjoy common land if they were not a commoner. However, the Countryside and Rights of Way Act 2000 (c. 37) gave the public the freedom to roam freely on all registered common land in England and Wales. The new rights were introduced region by region through England and Wales, with completion in 2005. Maps showing accessible areas have been produced, and are available online as "open access maps" produced by Natural England. Commons are included in

1323-701: The Commons Preservation Society found a champion in Augustus Smith who had the inclination and the money to act, and himself held commons rights. Smith hired 120 navvies armed with hammers, chisels and crowbars, who on the night of 6 March 1866, under the aegis of the newly formed Commons Preservation Society (now the Open Spaces Society ), felled to the ground two miles of iron railings. Soon after, local people flocked in. Lord Brownlow took action against Augustus Smith and

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1386-484: The Second World War as a result of the advance of woodland into traditional heathland areas when, as one commentator stated: ...returning soldiers gave up trying to scratch a living out of the forest. Whereas once hundreds of commoners used the wood and heath—their livestock obliging by chewing down young tree shoots—today there is only one commercial grazer. The conservators were forced to intervene to stem

1449-675: The Secretary of State for the Environment, Food and Rural Affairs (Defra). Under section 38 of the Commons Act 2006, you need consent to carry out any restricted works on land registered as common land under the Commons Registration Act 1965. Restricted works are any that prevent or impede access to or over the land. They include fencing, buildings, structures, ditches, trenches, embankments and other works, where

1512-509: The Welsh and 16% of the English commons. Cattle are registered on 35% of Welsh and 20% of English commons, whilst horses and ponies are registered on 27% of Welsh and 13% of English commons. In some cases rights to graze goats, geese and ducks are registered, whilst in others the type of livestock is not specified. These figures relate to the number of common land units, and due to discrepancies in

1575-669: The authorities at other heathland areas in the New Forest and Surrey". In 2008 the Foundation for Common Land was created in the UK to try to enhance the understanding and protection of commons. The legal position concerning common land has been confused, but recent legislation has sought to remedy this and remove the legal uncertainties so that commons can be better used and protected. Most commons are based on ancient rights under British common law , which pre-date statutes passed by

1638-460: The centre of a dispute between some local residents and the forest's governing body, the Board of Conservators, which is responsible for administering the forest's 24 km of common land. The conservators wished to restore the forest's landscape to one that predominantly consisted of heathland—its defining characteristic until the mid-twentieth century, but something that was in danger of being lost after

1701-407: The common on 30 July. However, by then executioners possessed some discretion as to how much the condemned should suffer before death. Towneley was killed before his body was eviscerated. His head was placed on a pike on Temple Bar . The common continued to stage executions until the end of the 18th century while fairs, orators and other popular events continued into the 19th century. The lords of

1764-548: The common throughout the 18th century. A London v Sevenoaks game on 12 July 1731 is the first known to have been played in an enclosed ground. From the late 1730s, the London club increasingly used the Artillery Ground for home matches and the common became one of several home venues used by Surrey sides. Other sports to have been periodically played on the common included quoits and bowls . People would gather at

1827-556: The common to listen to public speakers, both religious and political. In 1739, the Methodists John Wesley and George Whitefield preached to an audience of 30,000. On 10 April 1848, Irish Chartist leader Feargus O'Connor addressed up to 50,000 people over a petition in support of the Land Plan . The Surrey gallows were where now stands St. Mark's Church , not far from Oval tube station . These could be used

1890-554: The common was an integral part of the manor , and was thus part of the estate held by the lord of the manor under a grant from the Crown or a superior peer (who in turn held his land from the Crown; it is sometimes said that the Crown was held to ultimately own all land under its domain). This manorial system, founded on feudalism, granted rights of land use to different classes. These could be appurtenant rights whose ownership attached to tenancies of particular plots of land held within

1953-429: The common was enclosed and, sponsored by the royal family, made into a public park. Kennington Common was a site of public executions until 1800 as well as being an area for public speaking . Some of the most illustrious orators to speak here were Methodist founders George Whitefield and John Wesley who is reputed to have attracted a crowd of 30,000. The common was one of the earliest London cricket venues and

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2016-458: The commoners were able to find better-paid work in other sectors of the economy. As a result they largely stopped exercising their rights; relatively few commoners exist today. Much common land is still used for its original purpose. The right to graze domestic stock is by far the most extensive commoners right registered, and its ongoing use contributes significantly to agricultural and rural economies. Rights to graze sheep are registered on 53% of

2079-537: The court case lasted until 1870 when it ended with the complete vindication of Smith. Development of common land is strictly controlled. The government states that common land should be open and accessible to the public, and the law restricts the kind of works that can be carried out on commons. HM Planning Inspectorate is responsible for determining applications under the 2006 Act regarding common land in England, and several other pieces of legislation regarding commons and greens. All applications are determined on behalf of

2142-521: The deeds of another property. A number of commoners still exercise rights, for example, there are 500 practising commoners in the New Forest , and there is a federation of commoners in Cumbria . In many cases commons have no existing commoners, the rights having been neglected. It was a common a belief that if a squatter and their friends could—between sunrise and sunset in a single day—build

2205-489: The definitions of common land with the Commons Registration Act 1965 (c. 64), which established a register of common land. Not all commons have owners, but all common land by definition is registered under Commons Registration Act 1965, along with the rights of any commoners if they still exist. The registration authorities are the county councils, and when there is no ownership, a local council, such as

2268-510: The earlier legislation is provided by the Commons Act 2006 . Under Schedule 2(4) to the Act, applications that failed to achieve final registration under the 1965 Act may, in certain circumstances, be reconsidered – offering, in effect, a second chance for the land to be confirmed ('re-registered') as common. Land that is re-registered in this way will enjoy the special legal protection afforded to common land. It will also become subject in due course to

2331-884: The effect of those works is to prevent or impede access. They also include, in every case, new solid surfaces, such as for a new car park or access road. Some commons are managed by boards of conservators for the wider public benefit. However, for areas where these are not established, or an improved system is required, the Commons Act 2006 provides for the establishment of commons councils to manage common land. The Standard Constitution Regulations relating to commons councils were formally approved in April 2010, and commons councils are most likely to be useful where they can improve current management practices. This may be where commons are in agricultural use, but where it can be difficult to reach agreement on collective management. Commons councils are voluntary and can be established only where there

2394-544: The exercise of common rights, which are binding on all those with interests on a common. Kennington Park Kennington Park is a public park in Kennington , south London and lies between Kennington Park Road and St. Agnes Place . It was opened in 1854 on the site of what had been Kennington Common , where the Chartists gathered for their biggest "monster rally" on 10 April 1848. Soon after this demonstration

2457-417: The fencing of land within a registered common is not allowed, as this is a form of enclosure and denies use of the land to others. A celebrated landmark case of unauthorised fencing of a common was in 1866 by Lord Brownlow who illegally enclosed 434 acres of Berkhamsted Common to add to his Ashridge Estate . Brownlow had failed to buy out the commoners, so resorted to this action. A public outcry followed, and

2520-492: The for the whole county but were overwhelmingly a south London equivalent of Tyburn as the global city's urbanisation had already swept into the county of Surrey (before the formation of the London County Council 90 years after its last execution). Public executions were conducted frequently in years when the common was also hosting matches. At least 129 men and 12 women were executed on site. The first person

2583-475: The invasion of trees, scrub and bracken that threatened the ecologically precious heathlands, cutting down saplings, removing scrub and mowing the bracken. Some residents complained that the results looked like a First World War battle field. This is not a problem restricted to this common, but according to Jonathan Brown writing in the Independent on 21 April 2007 "similar debates are raging between locals and

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2646-434: The land as they wish. However, for common land the owner's rights are restricted, and other people known as commoners have certain rights over the land. The landowner may retain other rights to the land, such as rights to minerals and large timber, and to any common rights left unexercised by the commoners. The commoners will continue to exercise their rights, or have a document which describes their rights, which may be part of

2709-424: The land become restricted to the owner, and it ceases to be land for the use of commoners. In England and Wales the term is also used for the process that ended the ancient system of arable farming in open fields . Under enclosure, such land is fenced ( enclosed ) and deeded or entitled to one or more owners. The process of enclosure began to be a widespread feature of the English agricultural landscape during

2772-452: The land. Such rights sometimes had the effect of preventing enclosure and building development on agricultural land. Most of the medieval common land of England was lost due to enclosure. In English social and economic history, enclosure or inclosure is the process which ends traditional rights such as mowing meadows for hay , or grazing livestock on common land formerly held in the open field system . Once enclosed, these uses of

2835-399: The manor and church of the parish were allowed to enclose some of the commons the land in the 19th century. Under a scheme sponsored by the royal family, the remainder of the common was enclosed in the mid 19th century. Kennington Park , which opened in 1854, was created using the land between Kennington Park Road and St Agnes Place . In the marked growth of London until World War I, it

2898-484: The manor must only exercise his rights so far as to leave a "sufficiency" of resource for commoners. This was at issue in 1889 when the lord of the manor and owner of Banstead Downs and Heath, a Mr Hartopp, excavated gravel and threatened to reduce the available pasture. The meaning of sufficiency was challenged in court, expert witnesses stated that the grazing capacity was 1,200 animals, the commoners rights totalled 1,440 animals, and 600 animals were normally turned out. It

2961-526: The need for fences while maintaining their effective individual interest in them, as each ewe remains on her particular area. Lambs usually learn their heft from their mothers. Also known as 'hoofing' in some areas like North Yorkshire. This ability to keep sheep from straying without fences is still an important factor in sheep farming on the extensive common land in upland areas. Surviving commons are almost all pasture, but in earlier times, arable farming and haymaking were significant, with strips of land in

3024-433: The ownership of the holder of the right (the commoner) or is a right held in gross i.e. unattached to land. This includes details of the owner(s) of the common land. Entries in this section however, are not held to be conclusive. Numerous inconsistencies and irregularities remained, mainly because a period of only three years was given for registration submissions. However, there is now an opportunity to clear these up under

3087-471: The past, most pasture commons would have been grazed by mixtures of cattle, sheep and ponies (often also geese). The modern survival of grazing on pasture commons over the past century is uneven. The use of hefting (or heafing ) – the characteristic of some breeds of sheep for example, keeping to a certain heft (a small local area) throughout their lives – allows different farmers in an extensive landscape such as moorland to graze different areas without

3150-455: The primary right is to pasture livestock . In the uplands, they are largely moorland , on the coast they may be salt marsh , sand dunes or cliffs , and on inland lowlands they may be downland , grassland , heathland or wood pasture , depending on the soil and history. These habitats are often of very high nature conservation value, because of their very long continuity of management extending in some cases over many hundreds of years. In

3213-499: The public access land now shown on the Ordnance Survey Explorer maps. The Commons Act 2006 (c. 26) is an important recent piece of legislation. The act: Several hundred square kilometres of 'waste land' that was provisionally registered under the Commons Registration Act 1965 was not, in fact, finally registered. As a consequence, it ceased to be recognised as common land. A partial remedy for this defect in

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3276-493: The public right of access introduced by the Countryside and Rights of Way Act 2000; or depending on location, may qualify as a section 193 'urban' common (in which case, it would also be subject to a right of access for horse-riders). The act of transferring resources from the commons to purely private ownership is known as enclosure , or (especially in formal use, and in place names) Inclosure . The Inclosure Acts were

3339-696: The registers and large numbers of small commons with no rights in England, the apparent distinction between Wales and England may be exaggerated. Today, despite the diverse legal and historical origins of commons, they are managed through a community of users, comprising those who hold rights together with the owner(s) of the soil. Such communities generally require joint working to integrate all interests, with formal or informal controls and collaborative understandings, often coupled with strong social traditions and local identity. However, 26% of commons in Wales, and as many as 65% in England, have no common rights shown on

3402-531: The registers. Such areas are derived from wastes of manors , where rights probably existed formerly. When such open habitats are no longer grazed they revert to scrub and then dense woodland, losing the grassy or heathland vegetation which may have occupied the land continuously for many centuries. In 2007, Ashdown Forest , the Sussex heathland which was the setting for the Winnie-the-Pooh stories, became

3465-483: The same time productivity increased enough to create a surplus of labour. The increased labour supply is considered one of the factors facilitating the Industrial Revolution . Following the era of enclosure, there was relatively little common land remaining of value although some residual commoners remained until the end of the Second World War. By that time lowland commons had become neglected because

3528-519: The south Thames foreshore near Vauxhall Bridge point to a ritual jetty or possibly the first London bridge, by the outlet of the River Effra , from around 1500 BC. The Effra formed the southerly boundary to the common. Three closely related geographic features defined the area of Kennington Common as sacred in ancient times: the sharp bend in the river Effra before it flowed into the Thames,

3591-688: The south bank of the River Thames . Cricket has been played at Kennington since the early 18th century. The earliest recorded match at the venue was a London v Dartford match in June 1724. The following year players were known to have used the Horns tavern as their clubhouse and in August 1726, a combined London and Surrey XI played a side led by Edwin Stead for a purse of 25 guineas. Matches were played on

3654-618: The south west by Vauxhall Creek . The common extended over marshy land to the south west of the Roman road called Stane Street, now Kennington Park Road . There is a 1660 record of a common keeper being paid for grazing. In 1661, the Vauxhall Pleasure Gardens were laid out nearby (its location is noted as the Vauxhall End at The Oval ). The large open space was often used for a variety of purposes by people living on

3717-403: The time of year when certain rights could be exercised. For example, the occupier of a particular cottage might be allowed to graze fifteen cattle , four horses , ponies or donkeys , and fifty geese , whilst the numbers allowed for their neighbours would probably be different. On some commons (such as the New Forest and adjoining commons), the rights are not limited by numbers, and instead

3780-538: Was Sarah Elston who was burned at the stake on 24 April 1678 for the killing of her husband. The last person executed was a forger on 5 August 1799. In 1746, the Jacobite officer Francis Towneley , along with other members of the Manchester Regiment , who had been captured during the failed Jacobite rising of 1745 , were convicted of high treason and condemned to be hanged, drawn and quartered on

3843-488: Was decided sufficiency was whether enough grazing would be available for all the animals that could be turned out. The judgment was that "The Lord is bound to leave pasture enough to satisfy the commoners rights whether such rights are to be exercised or not". Commoners also have the right to "peaceful enjoyment" of their rights, so that they cannot be hindered by the lord of the manor. This was first proposed in 1500 and became case law in 1827. Pasture commons are those where

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3906-597: Was reduced to about its current size. Cricket remains at Kennington. In 1845 the newly formed Surrey County Cricket Club established The Oval (formerly the Kennington Oval) on part of the old common that was used as a market garden . Common land Common land is collective land (sometimes only open to those whose nation governs the land) in which all persons have certain common rights , such as to allow their livestock to graze upon it, to collect wood , or to cut turf for fuel . A person who has

3969-627: Was sometimes accompanied by force, resistance, and bloodshed, and remains among the most controversial areas of agricultural and economic history in England. Enclosure is considered one of the causes of the British Agricultural Revolution . Enclosed land was under control of the farmer who was free to adopt better farming practices. There was widespread agreement in contemporary accounts that profit making opportunities were better with enclosed land. Following enclosure, crop yields and livestock output increased while at

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