Legal Definitions - approvement

Approvement refers to two distinct legal concepts, one related to land use in English law and another historical practice in criminal justice.

• 1. English Land Law: In English law, approvement is the right of a landowner to enclose and develop a portion of land that was historically designated as "common land." Common land is an area where local residents traditionally held certain rights, such as grazing livestock, gathering firewood, or fishing. When a landowner exercises approvement, they are taking a part of this common land for their exclusive use and often to generate income from it. While this right has ancient origins, modern law requires the landowner to obtain government consent before enclosing and developing such land.

  • Example A: A large estate owner in a rural English county possesses land where local villagers have historically grazed their sheep. The owner decides to establish a small, private nature reserve and visitor center on a specific section of this common land. To do this, they would need to apply for approvement, gaining official permission to fence off that portion, restrict common grazing rights there, and charge admission fees to the reserve.

    Explanation: This illustrates approvement because the landowner is taking a part of historically shared land, enclosing it for a specific purpose, and intending to generate income (from visitor fees), all while requiring government approval due to its common land status.

  • Example B: A property developer owns a large tract of land that includes a section designated as common land, where local residents have traditionally gathered wild berries and mushrooms. The developer wishes to build a small cluster of holiday cottages on this specific section. They would seek approvement to legally enclose this area, prevent public access for foraging, and profit from renting out the cottages.

    Explanation: Here, the developer is exercising the right of approvement by seeking to privatize and profit from a portion of common land, thereby altering its traditional use and requiring official consent for the enclosure and development.

• 2. Historical Criminal Law: Historically, approvement referred to a practice where a person accused of a serious crime, particularly one punishable by death (a "capital conviction"), could avoid their own punishment by confessing to their crime and providing evidence against their accomplices. This was essentially "turning king's evidence," where the accused would cooperate with the authorities to secure convictions against others involved in the same criminal act.

  • Example A: In 18th-century London, a pickpocket is caught and faces execution for repeated theft. To save himself from the gallows, he offers to identify and testify against the leader of his criminal gang, detailing their hideouts and future plans for larger robberies. This act of confessing and implicating others to avoid a capital sentence would have been known as approvement.

    Explanation: This example demonstrates approvement as the accused individual avoids a severe punishment (death) by providing crucial evidence against their criminal associates, thereby "turning king's evidence."

  • Example B: During a medieval trial for treason, a captured conspirator, facing a brutal execution, agrees to reveal the names of other high-ranking nobles involved in the plot against the monarch and provide detailed accounts of their meetings and intentions. By doing so, he hopes to receive a pardon or a lesser punishment. This historical act of self-preservation through cooperation against accomplices is an instance of approvement.

    Explanation: This illustrates approvement because the conspirator, facing a capital conviction, chooses to accuse and provide evidence against his accomplices in exchange for a chance to avoid the ultimate penalty.