The fundamental principle of the turnpike system was that of transferring the cost of repairing main roads from the parish to the users.

The medi?val practice, under which the roads were maintained by religious houses, private benevolence and individual landowners, had, of course, still left the common law obligation that each and every parish should keep in repair the roads within its own particular limits, the Act of Philip and Mary, with its imposition of statute duty, being, in effect, only a means for the regulation and carrying out of such requirement. The parishioners were even indictable if they failed to keep the roads in repair.

But in proportion as trade and travel increased, the greater became alike the need for good roads and, also, the apparent injustice of requiring the residents in a particular parish to do statute labour on roads, or to pay for labour thereon, less in the interest of themselves and their neighbours than in that of strangers, or traffic, passing through on the main road from one town to another. In effect, also, whether such requirement were reasonable or not, the work itself was either not done at all or was done in a way that still left the roads in a condition commonly described as "execrable."

The principle that the users should pay for the main roads by means of tolls was thus definitely adopted; but the obligation in regard to other than main roads still rested in full with the parish. It was not, however, until the passing of 24 Geo. II., c. 43, that turnpike roads were mentioned as distinct from "highways," this being the accepted designation for roads for which the parish was responsible. When the adoption of the turnpike system became more general, that is to say, about the year 1767, the turnpike roads were maintained—or were supposed to be maintained—by tolls, and the {78}statute labour and contributions in lieu thereof were mainly appropriated to the cross roads constituting the parish highways, on which no turnpikes were placed; though certain proportions of the statute labour or statute labour contributions also became available for turnpike roads which could not otherwise be properly maintained.

At first there was a pronounced disinclination on the part of the public in various parts of the country to tolerate toll-bars. It might be supposed that, the state of the roads having generally been so deplorable, everyone would have welcomed their amendment under almost any possible conditions. Defoe, at least, was enthusiastic over the prospect of better roads that turnpikes foreshadowed. Alluding to them in his "Tour," he says: "And 'tis well worth recording, for the Honour of the present Age, that this Work has been begun, and is in an extraordinary Manner carry'd on, and perhaps may, in a great Measure be compleat within our Memory, as to the worst and most dangerous Roads in the Kingdom. And this is a Work of so much general Good that certainly no publick Edifice, Alms-house, Hospital or Nobleman's Palace, can be of equal Value to the Country with this, nor at the same time more an Honour and Ornament to it."

But there was another point of view which is thus expressed by Whitaker in "Loidis and Elmete": "To intercept an ancient highway, to distrain upon a man for the purchase of a convenience which he does not desire, and to debar him from the use of his ancient accommodation, bad as it was, because he will not pay for a better, has certainly an arbitrary aspect, at which the rude and undisciplined rabble of the north would naturally revolt."

Objections to turnpikes had been further fomented by demagogues who went about the country proclaiming that the gates which were being put up were part of a design planned by the Government to enslave the people and deprive them of their liberty.

Not only did many individuals in various parts of the country refuse to use the turnpike roads, or to pay toll if they did use them, but in some instances the gates were destroyed, by way of making the protests more emphatic. In 1728 it was thought necessary to pass a general Act against "ill-designing and disorderly persons" who had "in various parts of this {79}Kingdom associated themselves together, both by day and by night, and cut down, pulled down, burnt and otherwise destroyed several turnpike gates and houses which have been erected by authority of Parliament for repairing divers roads by tolls, thereby preventing such tolls from being taken, and lessening the security of divers of her Majesty's good subjects for considerable sums of money which they have advanced upon credit of the said Acts, and deterring others from making like advances." Persons convicted of such offences were—without any discretion being given to the justices—to be committed for three months' imprisonment, and were, also, to be whipped at the market cross. These penalties appear to have been unavailing, since we find that four years later the punishment, even for a first offence, was increased to seven years' transportation.

But the hostility increased rather than diminished. In the "Gentleman's Magazine" for 1749 there is an account of some turnpike riots in Somerset and Gloucestershire which began on the night of the 24th of July and were not suppressed until the 5th of the following month. A start was made with the destruction of the gates near Bedminster by "great numbers of people." On the following night a crowd bored holes in the gates at Don John's Cross, a mile from Bristol, blew up the gates with gunpowder, and destroyed the toll-house. Cross-bars and posts were erected next day, in place of the gates, and the turnpike commissioners took it in turns to enforce payment of the tolls. At night "a prodigious body of Somersetshire people," armed with various instruments of destruction, and some of them disguised in women's clothes, went along the roads to an accompaniment of drum-beating and much shouting, demolished the turnpikes, and pulled down the toll-houses. Re-erected, the gates were guarded by a "body of seamen, well armed with musquets, pistols and cutlasses"; but two nights afterwards the rioters were out again, this time with rusty swords, pitch-forks, axes, guns, pistols and clubs. They demolished and burned some turnpikes which had been put up a third time, and destroyed others besides. By August 3 "almost all the turnpikes and turnpike-houses" in the neighbourhood of Bristol had been demolished; but a report dated Bristol, August 12, says: "By the arrival of six troops of dragoon guards on the 5th, {80}we are secured from all insults of the country people who immediately dispersed and posts and chains are again erected, and the tolls levied, but the turnpikes are fixed nearer the city."

The revolt in Yorkshire referred to by Whitaker occurred in 1753, four years later than the disturbances in the west. At Selby the inhabitants were summoned by the bellman to assemble at midnight, with hatchets and axes, and destroy the turnpikes. They obeyed the summons, and any gate left unprotected was soon level with the ground. In the neighbourhood of Leeds the rioting was especially serious. Whitaker says concerning it:—

"The public roads about Leeds were at that time narrow, generally consisting of a hollow way that only allowed a passage for carriages drawn by a horse in a single row, and an elevated causeway covered with flags or boulder stones.

"The attempt to improve this state of the public roads excited great discontent among the lower classes of the people, who formed the design of pulling down all the turnpike bars in the neighbourhood."

They pulled down, or burned down, as many as a dozen in one week; and when some of the rioters had been arrested, and were on their way to York Castle, their friends attempted a rescue, following this up by assaulting the magistrates and breaking some windows. Troops were called out, and, warnings and the firing of blank cartridge being of no avail, ball cartridges were used, with the result that two or three persons were shot dead, and twenty-two were wounded, some fatally.

Whatever the justification for the turnpikes that gave rise to this popular discontent, the way in which the system itself was developed was certainly open to criticism.

The precedent set by the Act of Charles II. in the grouping together of several counties, and in conferring on the justices the powers of chief control, was wholly disregarded. Instead of even an improvement on this procedure being effected by the creation of a national system of turnpike roads, directed by some central authority, an............