CHAPTER II

Transcriber's Note:

This e-text also includes characters that will only display in

UTF-8 (Unicode) text readers.

If any of these characters do not display properly, or if the

apostrophes and quotation marks in this paragraph appear as

garbage, make sure your text reader’s “character set” or “file

encoding” is set to Unicode (UTF-8). You may also need to

change the default font.

In Appendix II, there are a number of letters (m, n, u, v, r,

t) that are printed with a backward curl, usually at the end of

a word, but sometimes in mid-word. These are rendered here as:

m -> 'ᶆ',

n -> 'ɳ',

u -> 'ư',

t -> 'ȶ',

r -> 'ɽ'

v -> 'ⱱ'

These forms are intended to provide a visual indication of a

letter's form, from the available set of unicode characters,

but are not intended to convey phonetic value.

The letter 'p' appears with a curl that crosses the lower bar,

which is rendered here as 'ᵱ'.

A doubled 'l' with a tilde across the middle is rendered as 'l̴l'.

The same Appendix uses superscript characters freely as abbreviation,

which have been denoted by { } brackets: e.g., "Ma{ties}"

BURT FRANKLIN RESEARCH & SOURCE WORKS SERIES # 13

THE AGRARIAN PROBLEM IN THE

SIXTEENTH CENTURY

THE

AGRARIAN PROBLEM

IN THE SIXTEENTH

CENTURY

BY

R.H. TAWNEY

"_And if the whole people be landlords, or hold the Lands so

divided among them, that no one Man, or number of Men,

within the Compass of the Few or Aristocracy, overbalance

them, the Empire (without the interposition of force) is a

Commonwealth._"--HARRINGTON, _Oceana_.

_WITH 6 MAPS_

BURT FRANKLIN RESEARCH & SOURCE WORKS SERIES # 13

[Illustration]

BURT FRANKLIN

New York 25, N.Y.

_Published by_

BURT FRANKLIN

514 West 113th Street

New York 25, N.Y.

ORIGINALLY PUBLISHED IN

LONDON--1912

_Printed in U.S.A. by_

SENTRY PRESS, INC.

New York 19, N.Y.

TO

WILLIAM TEMPLE and ALBERT MANSBRIDGE

PRESIDENT AND SECRETARY

OF THE

WORKERS' EDUCATIONAL ASSOCIATION

PREFACE

This book is an attempt to trace one strand in the economic life of

England from the close of the Middle Ages to the beginning of the

Civil War. As originally planned, it included an account of the

relations of the State to trade and manufacturing industry, the growth

of which is the most pregnant economic phenomenon of the period. But I

soon found that the material was too abundant to be treated

satisfactorily in a single work, and I have therefore confined myself

in the following pages to a study of agrarian conditions, whose

transformation created so much distress, and aroused such searchings

of heart among contemporaries. The subject is one upon which much

light has been thrown by the researches of eminent scholars, notably

Mr. Leadam, Professor Gay, Dr. Savine, and Professor Ashley, and its

mediæval background has been firmly drawn in the great works of

Maitland, Seebohm, and Professor Vinogradoff. The reader will see that

I have availed myself freely of the results of their investigations.

But I have tried, as far as the time at my disposal allowed, to base

my picture on original authorities, both printed and manuscript.

The supreme interest of economic history lies, it seems to me, in the

clue which it offers to the development of those dimly conceived

presuppositions as to social expediency which influence the actions

not only of statesmen, but of humble individuals and classes, and

influence, perhaps, most decisively those who are least conscious of

any theoretical bias. On the economic ideas of the sixteenth century

in their relation to agrarian conditions I have touched shortly in

Part III. of the book, and I hope to treat the whole subject more

fully on some future occasion. If in the present work I have given, as

I am conscious that I have, undue space to the detailed illustration

of particular changes, I must plead that one cannot have the dessert

without the dinner, and that a firm foundation of fact, even though as

tedious to read as to arrange, is a necessary preliminary to the

higher and more philosophical task of analysing economic conceptions.

The reader who desires to start with a bird's-eye view of the subject

is advised to turn first to the concluding chapter of Part III.

One word may be allowed in extenuation of the statistical tables,

which will be found scattered at intervals through the following

pages. In dealing with modern economic conditions it is increasingly

recognised that analysis, to be effective, must be quantitative, and

one of the disadvantages under which the student of all periods before

the eighteenth century labours is that for large departments of life,

such as population, foreign trade, and the occupations of the people,

anything approaching satisfactory quantitative description is out of

the question. The difficulty in the treatment of agrarian history is

different. Certain classes of manorial documents offer material which

can easily be reduced to a statistical shape. Indeed one difficulty is

its very abundance. The first feeling of a person who sees a

manuscript collection such as that at Holkham must be "If fifty maids

with fifty mops--," and a sad consciousness that the mop which he

wields is a very feeble one. But historical statistics should be

regarded with more than ordinary scepticism, inasmuch as they cannot

easily be checked by comparison with other sources of information, and

it may reasonably be asked whether it is possible to obtain figures

that are sufficiently reliable to be used with any confidence. Often,

no doubt, it is not possible. The strong point of surveyors was not

always arithmetic. The forms in which their information has been cast

are sometimes too various to permit of it being used for the purpose

of a summary or a comparison. Even when figures are both accurate and

comparable the student who works over considerable masses of material

will be fortunate if he does not introduce some errors of his own. The

tables printed below are marred by all these defects, and I have

included them only after considerable hesitation. I have tried to

prevent the reader from being misled by pointing out in an appendix

what I consider to be their principal faults and ambiguities. But no

doubt there are others which have escaped my notice.

It remains for me to express my gratitude to those whose kind

assistance has made this work somewhat less imperfect than it would

otherwise have been. I have to thank the Warden and Fellows of All

Souls College, the Senior Bursar of Merton College, the Clerk of the

Peace for the County of Warwick, and the Earl of Leicester for

permission to examine the manuscripts in their possession. The maps

illustrating enclosure are taken from the beautiful maps of the All

Souls estates; my thanks are due to the College for allowing me to use

them, and to Mr. W. Tomlinson, of the Oxford Tutorial Class at

Longton, for helping me to prepare them for reproduction.

Circumstances preventing me from working in the Record Office, I was

so fortunate as to secure the co-operation of Miss Niemeyer and Miss

L. Drucker, who have transcribed for me a large number of surveys and

rentals. How much I owe to their help will be apparent to any one who

consults my footnotes and references. Among those who have aided me

with advice and information I must mention Professor Vinogradoff,

Professor Unwin, and Professor Powicke, the late Miss Toulmin Smith,

Mr. Kenneth Leys, Mr. F.W. Kolthammer, Lieut.-Colonel Fishwick, Dr.

G.H. Fowler, and the Hon. Gerard Collier. Especially great are my

obligations to Mr. R.V. Lennard and Mr. H. Clay, who have read through

the whole of the following pages in manuscript or in proof, and who

have helped me with numberless criticisms and improvements.

In conclusion I owe two debts which are beyond acknowledgment. The

first is to my wife, who has collaborated with me throughout, and

without whose constant assistance this book could not have been

completed. The second is to the members of the Tutorial Classes

conducted by Oxford University, with whom for the last four years it

has been my privilege to be a fellow-worker. The friendly smitings of

weavers, potters, miners, and engineers, have taught me much about

problems of political and economic science which cannot easily be

learned from books.

R.H.T.

MANCHESTER, _April 1912_.

CONTENTS

PAGE

INTRODUCTION 1

PART I.--THE SMALL LANDHOLDER

CHAP.

I. THE RURAL POPULATION--

(_a_) THE CLASSES OF LANDHOLDERS 19

(_b_) THE FREEHOLDERS 27

(_c_) THE CUSTOMARY TENANTS 40

II. THE PEASANTRY--

(_a_) THE VARIETY OF CONDITIONS 55

(_b_) THE CONSOLIDATION OF PEASANT HOLDINGS 57

(_c_) THE GROWTH OF THE LAND MARKET AMONG THE

PEASANTS 72

III. THE PEASANTRY (_continued_)--

(_d_) THE ECONOMIC ENVIRONMENT OF THE SMALL

CULTIVATOR 98

IV. THE PEASANTRY (_continued_)--

(_e_) SIGNS OF CHANGE 136

(_f_) THE GROWTH OF COMPETITIVE RENTS ON NEW

ALLOTMENTS 139

(_g_) THE PROGRESS OF ENCLOSURE AMONT THE

PEASANTRY 147

PART II.--THE TRANSITION TO CAPITALIST AGRICULTURE

I. THE NEW RURAL ECONOMY--

(_a_) MOTIVES AND CAUSES 177

(_b_) THE GROWTH OF THE LARGE LEASEHOLD FARM 200

(_c_) ENCLOSURE AND CONVERSION BY THE MANORIAL

AUTHORITIES 213

II. THE PEASANTRY--

(_a_) THE REMOVING OF LANDMARKS 231

(_b_) THE STRUGGLE FOR THE COMMONS 237

(_c_) THE ENGROSSING OF HOLDINGS AND

DISPLACEMENT OF TENANTS 253

(_d_) THE AGRARIAN CHANGES AND THE POOR LAW 266

III. THE QUESTION OF TENANT RIGHT--

(_a_) THE TENANTS AT WILL AND THE LEASEHOLDERS 281

(_b_) THE COPYHOLDERS 287

(_c_) THE UNDERMINING OF CUSTOMARY TENURES 301

PART III.--THE OUTCOME OF THE AGRARIAN REVOLUTION

I. THE AGRARIAN PROBLEM AND THE STATE--

(_a_) THE POLITICAL AND SOCIAL

IMPORTANCE OF THE PEASANTRY 313

(_b_) LEGISLATION AND ADMINISTRATION 351

(_c_) SUCCESS AND FAILURE OF STATE INTERVENTION 377

II. GENERAL CONCLUSIONS 401

APPENDIX I 410

APPENDIX II 422

INDEX 437

LIST OF MAPS

I. PART OF THE MANOR OF SALFORD, IN

BEDFORDSHIRE (1590) _To face page_ 163

II. PART OF THE MANOR OF EDGEWARE, IN

MIDDLESEX (1597) " " 172

III. PART OF THE MANOR OF MAIDS MORTON,

IN BUCKINGHAMSHIRE (1590) " " 221

IV. PART OF THE MANOR OF CRENDON IN BUCKINGHAMSHIRE

(about 1590) " " 221

V. PART OF THE MANOR OF WEEDON WESTON,

IN NORTHAMPTONSHIRE (1590) " " 222

VI. PART OF THE MANOR OF WHADBOROUGH IN

LEICESTERSHIRE (1620) " " 223

THE AGRARIAN PROBLEM IN

THE SIXTEENTH CENTURY

INTRODUCTION

Any one who turns over the Statutes and State Papers of the sixteenth

century will be aware that statesmen were much exercised with an

agrarian problem, which they thought to be comparatively new, and any

one who follows the matter further will find the problem to have an

importance at once economic, legal, and political. The economist can

watch the reaction of growing markets on the methods of subsistence

farming, the development of competitive rents, the building up of the

great estate, and the appearance, or at any rate the extension, of the

tripartite division into landlord, capitalist farmer, and landless

agricultural labourer, the peculiar feature of English rural society

which has been given so much eulogy in the eighteenth century and so

much criticism in our own. From a legal point of view the great feature

of the period is the struggle between copyhold and leasehold, and the

ground gained by the latter. Before the century begins, leases for

years, though common enough on the demesne lands and on land taken from

the waste, are the exception so far as concerns the land of the

customary tenants. When the century closes, leasehold has won many

obstinately resisted triumphs; much land that was formerly held by copy

of court roll is held by lease; and copyhold tenure itself, through the

weakening of manorial custom, has partially changed its character. The

copyholders, though still a very numerous and important class, are

already one against which the course of events has visibly begun to

turn, and economic rent, long intercepted and shared, through the fixity

of customary tenure, between tenant and landlord under the more elastic

adjustments of leasehold and competitive fines, begins to drain itself

into the pockets of the latter. Politically, one can see different views

of the basis of wealth in conflict, that which measures it by the number

of tenants "able to do service" contending with that which tests it by

the maximum pecuniary returns to be got from an estate, and which treats

the number of tenants as quite a subordinate consideration. The former

is the ideal of philosophical conservatives, is supported, for military

and social reasons, by the Government, and survives long in the North;

the latter is that of the new landed proprietors, and wins in the South.

And its victory results in much more than a mere displacement of

tenants. It means ultimately a change in the whole attitude towards

landholding, in the doctrine of the place which it should occupy in the

State, and in the standards by which the prosperity of agriculture is

measured, drawing a line between modern English conceptions and those of

the sixteenth century as distinct as that which exists between those of

the Irish peasantry and Irish landlords, or between the standpoint of a

French peasant and that of the agent of a great English estate. The

decline of important classes alters the balance of rural society, though

the Crown for a long time tries to maintain it, and the way is prepared

both for the economic and political omnipotence which the great landed

aristocracy will exercise over England as soon as the power of the Crown

is broken, and for the triumph of the modern English conception of

landownership, a conception so repugnant both to our ancestors and to

the younger English communities,[1] as in the main a luxury of the

richer classes. If it had not been for the undermining of the small

farmer's position in the sixteenth century, would the proposal[2] to

enfranchise copyholders have been thrown out in 1654, and would the

enclosures[3] of the eighteenth century have been carried out with such

obstinate indifference to the vested interests of the weaker rural

classes? Would England have been unique among European countries in the

concentration of its landed property, and in the divorce of its

peasantry from the soil?

[1] See the land legislation of the Australasian Colonies.

[2] The Instrument of Government (December 1653) established a

franchise qualification of rent or personal estate to the value

of £200. This certainly would have enfranchised a large number

of copyholders and leaseholders, some of whom were much better

off than the small freeholders. For an estate of £299, 15s. 4d.

left at death by a tenant "Husbandman" see _Nottingham Borough

Records_ under the year 1599 (vol. iv. pp. 249-252). It was made

up as follows: "Money in purse and his clothes, £15; value of

beasts, £74; corn sowne in fields, £35; value of furniture in

hall, £2, 13s.; in parlour, £5, 14s., and other miscellaneous

possessions." For wills of husbandmen and yeomen see _Surtees

Society_, vol. lxxix., pp. 181-182, 263-264, 294, 310. For the

restoration of the franchise to the freeholders, see Gardiner,

_The Commonwealth_, iii. 78.

[3] Hammond, _The Village Labourer_, 1760-1832. One may add--if

English statesmen had studied the history of customary tenures

in England, would they have deferred until 1870 legislation

protecting tenant right in Ireland? See Lord Morley's

description of the Irish cultivator "as a kind of copyholder or

customary freeholder" (_Life of Gladstone_, vol. ii. p. 281).

From a wider point of view the agrarian changes of the sixteenth century

may be regarded as a long step in the commercialising of English life.

The growth of the textile industries is closely connected with the

development of pasture farming, and it was the export of woollen cloth,

that "prodigy of trade," which first brought England conspicuously into

world-commerce, and was the motive for more than one of those early

expeditions to discover new markets, out of which grew plantations,

colonies, and empire. Dr. Cunningham[4] has shown that the system of

fostering the corn trade, which was embodied in the Corn Bounty Act of

1689, and which was a principle of English policy long after the reason

for it had disappeared, was adopted in a milder form in the reign of

Elizabeth with the object of checking the decline in the rural

population. Again, new agricultural methods were a powerful factor in

the struggle between custom and competition, which colours so much of

the economic life of the period, and, owing to this fact, they produced

reactions which spread far beyond their immediate effect on the classes

most closely concerned with them. The displacement of a considerable

number of families from the soil accelerated, if it did not initiate,

the transition from the mediæval wage problem, which consisted in the

scarcity of labour, to the modern wage problem, which consists in its

abundance. Throughout the sixteenth and seventeenth centuries

municipal[5] authorities were engaged in a prolonged struggle to

enforce their exclusive economic privileges against the rural immigrant

who had lost his customary means of livelihood and who overcrowded town

dwellings and violated professional byelaws; while the Government

prevented him from moving without a licence, and when he moved,

straitened[6] his path between the Statute of Inmates on the one hand

and the House of Correction on the other. Observers were agreed that the

increase in pauperism[7] had one capital cause in the vagrancy produced

by the new agrarian régime; and the English Poor Law system, or the

peculiar part of it providing for relief of the able-bodied, which

England was the first of European countries to adopt, came into

existence partly as a form of social insurance against the effect of the

rack rents and evictions, which England was the first of European

countries to experience. Whatever uncertainty attaches to the causes and

effects of the agrarian problem, there can be no doubt that those who

were in the best position to judge thought it highly important. If it is

not a watershed separating periods, it is at least a high range from

which both events and ideas descend with added velocity and

definiteness. To the economic historian the ideas are as important as

the events. For though conceptions of social expediency are largely the

product of economic conditions, they acquire a momentum which persists

long after the circumstances which gave them birth have disappeared, and

act as over-ruling forces to which, in the interval between one great

change and another, events themselves tend to conform.

[4] Cunningham, _Growth of English Industry and Commerce, Modern

Times_, Part i. pp. 85-88, 101-107, 540-543.

[5] See _e.g. Records of the Borough of Reading_, vol ii. pp.

36, 94, 156; vol. iii., 131, and those of Leicester, Norwich,

Nottingham, and Southampton, _passim_; also below, pp. 275-277.

[6] "Mr. Secretary Cecil said, ... If we debar tillage, we give

scope to the Depopulator, and then, if the poor being thrust out

of their houses go to dwell with others, straight we catch them

with the Statute of Inmates; if they wander abroad, they are

within the danger of the Statute of the Poor to be whipt"

(D'Ewes' _Journal of the House of Commons_, 1601, pp. 674-675).

[7] See below, pp. 273-275.

A consideration of these great movements naturally begins with those

contemporary writers who described them. Though the books and pamphlets

of the age contain much that is of interest in the development of

economic theory, their writers rarely attempted to separate economic

from other issues, and economic speculation usually took the form of

discussions upon particular points of public policy, or of a casuistry

prescribing rules for personal conduct in difficult cases. Such a

difficult case, such a problem of public policy, was offered by the

growth of competitive methods of agriculture. The moral objections felt

to the new conditions caused them to be a favourite subject with writers

of sermons and pamphlets, and made the sins of the encloser, like those

of the usurer, one of the standbys of the sixteenth century preacher.

There is, therefore, a considerable volume of writings dealing with the

question from the point of view of the teacher of morality. At the same

time the political significance of the movement, and the fact that the

classes concerned were important enough to elicit attempts at protection

on the part of the Government, called forth a crop of suggestions and

comments like those of More, Starkey,[8] Forest,[9] the author of the

Commonwealth[10] of England, and, at a later date, Powell[11] and

Moore.[12] Further, the new agricultural methods were explained by

persons interested in the economics of agriculture, such as

Fitzherbert,[13] Tusser,[14] Clarkson,[15] who surveyed the manors of

the Earl of Northumberland in 1567, Humberstone[16] who did the same for

those of the Earl of Devonshire, and Norden.[17] The accounts of

surveyors, a dull but indispensable tribe, are reliable, as they are

usually statements of facts which have occurred within their own

experience, or at any rate, generalised descriptions of such facts. The

same may be said of the evidence of John Hales, who was employed by the

Government in investigating the question, and who had to explain it in

such a way as to convince opponents, and to get legislation on this

subject through a bitterly hostile Parliament. The description given by

writers like Latimer,[18] Crowley,[19] and Becon[20] are valuable as

showing the way in which the movement was regarded by contemporaries;

but they are mainly somewhat vague denunciations launched in an age when

the pulpit was the best political platform, and their very positiveness

warns one that they are one-sided and must be received with caution.

Still, they mark out a field for inquiry, and one may begin by setting

out the main characteristics of the agrarian changes as pictured in

their writings.

[8] E. E. T. S., _England in the Reign of King Henry the

Eighth_, Part II.: "A Dialogue between Cardinal Pole and Thomas

Lupset, Lecturer in Rhetoric at Oxford, by Thomas Starkey,

Chaplain to the King," edited by J.M. Cowper (date of

composition about 1538).

[9] E. E. T. S., as above, Part I. (Appendix). _The Pleasant

Poesye of Princelie Practise_, by Sir William Forest (date of

composition 1548).

[10] _The Commonweal of this Realm of England_, edited by

Elizabeth Lamond (date of composition 1549; the author was

almost certainly John Hales).

[11] Powell, _Depopulation Arraigned_, 1636.

[12] _The Crying Sin of England in not Caring for the Poor,

wherein Enclosure such as doth unpeople Towns and Common Fields

is Arraigned, Convicted, and Condemned by the Word of God_, by

John Moore, Minister of Knaptoft, in Leicestershire, 1653.

[13] Fitzherbert, _Boke of Husbandry_, 1534. _Surveyinge_, 1539.

[14] Tusser, _Five Hundred Points of Husbandry._

[15] _Northumberland County History_, vol. i. p. 350 and passim.

[16] Surveys _temp._ Philip and Mary of various estates

belonging to the Earl Devon (_Topographer and Genealogist_, i.

p. 43).

[17] Norden, _The Surveyor's Dialogue_ (1607).

[18] Sermons by Hugh Latimer, sometime Bishop of Worcester

(Everyman's Library, J.M. Dent & Co.).

[19] Crowley, Select Works (E. E. T. S., 1872).

[20] Becon, _Jewel of Joy_. Extract quoted in England in the

reign of King Henry the Eighth (Part I., p. lxxvi.).

The movement originates, they agree, through the covetousness[21] of

lords of manors and large farmers, who have acquired capital in the

shape of flocks of sheep, and who, by insisting on putting the land to

the use most profitable to themselves, break through the customary

methods of cultivation. The outward sign of this is enclosing, the

cutting adrift of a piece of land from the common course of cultivation

in use, by placing a hedge or paling round it, and utilising it

according to the discretion of the individual encloser, usually with the

object of pasturing sheep. This is accompanied by land speculation and

rack-renting, which is intensified by the land-hunger which causes

successful capitalists,[22] who have made money in trade, to buy up

land as a profitable investment for their savings, and by the sale of

corporate property which took place on the dissolution[23] of the

monasteries and the confiscation of part of the gild estates. The

consequence is, first, that there is a scarcity of agricultural produce

and a rise[24] in prices, which is partly (it is supposed) attributable

to the operations of the great graziers who control the supplies of

wool, grain, and dairy produce, and secondly and more important that the

small cultivator suffers in three ways. Agricultural employment is

lessened. Small holdings are thrown[25] together and are managed by

large capitalists, with the result that he is driven off the land,

either by direct eviction, or by a rise in rents and fines, or by mere

intimidation. At the same time the commonable[26] area, consisting of

the common waste, meadow, and pasture of the manor is diminished, with

the result that the tenants who are not evicted suffer through loss of

the facilities which they had previously had for grazing beasts without

payment. There is, in consequence, a drift into the towns and a general

lowering in the standard of rural life, due to the decay of the class

which formerly sent recruits to the learned professions, which was an

important counterpoise to the power of the great landed proprietors, and

which was the backbone of the military forces of the country.[27]

[21] "For looke in what partes of the realm doth growe the

fynest and therefore dearest woll, there noblemen and gentlemen,

yea, and certeyn abbotes, holy men no doubt, not contenting them

selfes with the yearely revenues and profytes, that were wont to

grow to their forefathers and predecessours of their landes, nor

being content that they live in rest and pleasure nothinge

profitting, yea much noyinge, the weal publique, leave no

grounde for tillage, thei inclose al into pasture; thei throw

doune houses; they plucke downe townes, and leave nothing

standynge, but only the churche to be made a shepehouse" (More's

_Utopia_, Book I., p. 32, Pitt Press Series).

[22] "The Grazier, the Farmer, the Merchants become landed men,

and call themselves gentlemen, though they be churls; yea, the

farmer will have ten farms, some twenty, and will be a

Pedlar-merchant" (_King Edward's Remains: A Discourse about the

Reformation of many Abuses_). "Look at the merchants of London,

and ye shall see, when by their honest vocation God hath endowed

them with great riches, then can they not be content, but their

riches must be abrode in the country, to bie fermes out the

handes of worshipful gentlemen, honest yeomen, and poor

laborynge husbands" (_Lever's Sermons_, Arber's Reprints, p.

29).

[23] "Do not these ryche worldlynges defraude the pore man of

his bread, ... and suffer townes so to decay that the pore hath

not what to eat, nor yet where to dwell? What other are they,

then, but very manslears? They abhorre the names of Monkes,

Friars, Chanons, Nounes, etc., but their goods they gredely

gripe. And yet where the cloysters kept hospitality, let out

their fermes at a reasonable pryce, noryshed scholes, brought up

youths in good letters, they doe none of all these thinges"

(Becon, _Works_, 1564, vol. ii. fols. xvi., xvii.).

[24] "A proclamation set fourthe by the King's Majestie with the

assent and consent of his dear uncle Edward, Duke of Somerset

... and the said cattell also by all lyklyhode of truth should

be more cheape beynge in many men's handes as they be nowe in

fewe, who may holde them deare and tarye the avantage of the

market" (Brit. Mus. _Lansdown_, 238, p. 205). See also E. E. T.

S.: "Certayne causes gathered together, wherein is showed the

decaye of England only by the great multitude of shepe" (date

1550-1553), and _The Commonweal of this Realm of England,

passim_, especially pp. xlv.-lxvii. It is worth noting that

Hales, who was quite conversant with the effect on general

prices of an increase in the supply of money, thought that the

rise which took place in his day was in some measure due to

monopolists. He describes his third Bill as ensuring that "ther

wolde have byn within fyve yeares after the execution therof

suche plentie of vitteyll and so good cheape as never was in

England" (_Commonweal_, p. lxiii.).

[25] Proclamation as before: "Of late by thynclosinge of landes

and erable grounds, many have byn drevyn to extreme povertie,

insomuche that wheareas in tyme past, tenne, twentie, yea in

some places C. or CC. Chrysten people hathe byn inhabytynge ...

nowe ther is nothynge kept but sheepe and bullocks. All that

lande, whiche heretofore was tilled and occupied by so many men,

is nowe gotten by insaciable gredyness of mynde into one or two

men's handes, and scarcely dwelled upon with one poore

shepherd."

[26] "There be a manie a M cottagers in England, which, havinge

no land to live of theire owne but their handie labours, and

some refreshinge upon the said commons, yf they were sodenly

thrust out from that commoditie might make a great tumult and

discorde in the commonwealth" (_Commonweal of England_, pp.

49-50).

[27] See below, pp. 341-344.

The picture drawn by the literary authorities suggests questions, some

of which have been satisfactorily cleared up and some of which are still

obscure. Dissertations as to method are usually more controversial than

profitable, and we do not propose at this point to give any detailed

account of the order in which these problems have been taken up by

previous scholars, to pass any judgment upon the different kinds of

evidence which they have used, or to offer any estimate of the value of

their conclusions. If we are at all successful in our presentation of

the subject, the reader will discover for himself the nature of the

evidence upon which we have relied, and where we differ from and agree

with the treatment of other writers. All we can attempt here is to give

a short statement of some of the principal issues which demand

attention, a statement which does not pretend to be exhaustive, but

which may serve to indicate the more salient features of the ground over

which we shall travel.

As to the counties mainly affected by the agrarian changes there is now

substantial agreement. The work of Mr. Leadam[28] and Professor Gay[29]

seems to have put the geographical distribution of the movement towards

enclosure, or at least of those enclosures which produced hardships,

upon a fairly firm basis. We can say with some confidence that it mainly

affected the Midlands and eastern counties, from Berkshire and

Oxfordshire in the south to Lincoln and Norfolk in the north-east, and

that it was least important in the south-western counties of Cornwall

and Devon, and in the south-eastern counties of Kent and Essex, much of

which had been enclosed before the sixteenth century began, and in the

northern counties of Lancashire, Westmoreland, Cumberland,

Northumberland, and Durham, though, by the end of the sixteenth century,

parts of the two latter counties, at any rate, were considerably

affected by it. Again, the same authors have offered a statistical

estimate of the extent of the movement which, while it is manifestly

defective, and while it can only be used with great caution to support

arguments as to the practical effect of enclosures, does offer some

guide to the imagination, and is, at least, a valuable check on the

conjectures made by contemporaries without any statistics at all and on

a basis merely of their personal impressions. Finally, the difficult

question of the security of copyhold tenants as against the landlords

who desired to evict them seems to have been put in the right

perspective by the evidence which Dr. Savine[30] has adduced to prove

that, in the case of copyholds of inheritance, a plaintiff who could

show a clear title could get legal redress.

[28] Leadam, _Domesday of Enclosures_.

[29] _Trans. Royal Hist. Soc._, vol. xiv. and vol. xvii.;

_Quarterly Journal of Economics_, vol. xvii. See also Gonner,

_Common Land and Inclosure_, pp. 132-152.

[30] _Quarterly Journal of Economics_, vol. xix. See below, pp.

287-297.

On the other hand, certain points must still be pronounced highly

obscure. The first is a simple one. The agrarian changes are usually

summed up under the name of "Enclosure." But what exactly did enclosing

mean? Contemporary writers represent it as almost always being carried

out by lords and large farmers against the interests of the smaller

tenantry. But there is abundant proof that the tenants themselves

enclosed; and as they can hardly be supposed to have been forward in

initiating changes which damaged their own prospects, ought we not to

begin by drawing a distinction between the piecemeal enclosures made by

the peasantry, often after agreement between neighbours, from which they

hoped to gain, and the great enclosures made by lords of manors from

which the peasants obviously lost? Further, different authorities assign

different degrees of importance to different aspects of the movement.

Mr. Johnson[31] holds, for example, that the enclosure of the common

waste, as distinct from the enclosure of the arable fields, was

relatively unimportant. Such a view, however, is not easily reconciled

with the constant complaints which relate clearly to the enclosing of

common wastes and pastures and with the state of things depicted in the

surveys.[32] Again, the writings of the period speak as though the

movement were mainly one from arable to pasture farming. But this was

questioned as long ago as the first thorough study of the question--that

of Nasse[33]--and the doubts which he threw on their view of the problem

are supported by Mr. Leadam by means of the statistics which he has

drawn from the returns of the Commission of 1517, though his conclusions

are in their turn disputed by Professor Gay. In fact no one who examines

the picture given by the Commissions and by surveys and field maps can

help feeling that the word "enclosing," used by contemporaries as though

it bore its explanation on its face, covered many different kinds of

action and has a somewhat delusive appearance of simplicity.

[31] Johnson, _The Disappearance of the Small Landowner_, p. 40.

[32] See below, pp. 218-221 and 237-253.

[33] Nasse, _The Land Community of the Middle Ages_ (translated

for the Cobden Club by Colonel Ouvry, 1871), pp. 81-91: "With

regard to the proper agricultural character of these movements

they are represented commonly as having been caused by an

exclusively pure pasture husbandry, which expelled the tillage

husbandman. Different circumstances, however, and witnesses show

us closely that this, for the most part, was not the case." The

discussion between Mr. Leadam and Professor Gay is contained in

the _Trans. Royal Hist. Soc._, New Series, vol. xiv. See also

Miss Davenport, _Quarterly Journal of Economics_, vol. xi., and

below, pp. 223-228.

Moreover, who gained and who suffered by the enclosures, and to what

extent? If the movement deserves to be called an agrarian revolution, it

was certainly one which left a great many holders of small landed

property intact, and perhaps even improved their position. Otherwise we

can hardly account for the optimistic description of them, or of some of

them, which is given in the late sixteenth and early seventeenth

centuries by writers like Harrison,[34] Norden,[35] and Fuller,[36] or

for the part which this class played in the Civil War. Nor can we say

with confidence how the statistical evidence derived by Mr. Leadam and

Professor Gay from the reports of Royal Commissions should be

interpreted. The comparative smallness of the percentage of land which

the Commissioners returned as enclosed has led to the view[37] that the

importance of the whole movement was grossly exaggerated by the writers

of the period, who created a storm in a tea-cup over changes which

really affected only an inconsiderable proportion of the whole country.

If this is so, it is not easy to explain either the continuous attention

which was paid to the question by the Government, or the revolts of the

peasantry, or the strong views of reasonable and fair-minded men with

first-hand knowledge, such as John Hales.

[34] _Elizabethan England_, edited by Lothrop Withington, with

introduction by F.J. Furnivall, p. 119.

[35] J. Norden, _The Surveyor's Dialogue_.

[36] Thomas Fuller, _Holy and Profane State_.

[37] Gay, _Quarterly Journal of Economics_, vol. xvii., p. 587:

"Hysterical and rhetorical complaint ... condemned by its very

exaggeration."

There is obscurity not only as to the details, but as to the outlines of

the movement. Different views have been expressed as to its origin,

duration, and points of maximum intensity. Professor Ashley[38] puts the

period of most rapid change from about 1470 to 1530. But these dates

cannot be taken as in any way fixed. The greatest popular outcry[39]

against enclosing occurred about the middle of the sixteenth century, in

the years 1548 to 1550. As Miss Leonard[40] has shown, there was much

enclosing in the seventeenth century, and about 1650[41] there was a

crop of pamphlets against it similar in tone to the protests which

occurred almost exactly a century before. It is especially difficult to

determine how far back the movement should be carried. The first

statute[42] against it, that of 1489, is an obvious landmark. But has it

not been too readily accepted as an earlier limit? Hales[43] said that

most of the "destruction of towns" had taken place before the beginning

of the reign of Henry VII. The allusion to enclosing in the

Chancellor's[44] speech to Parliament in 1483 shows that the movement

must have already obtained considerable dimensions. Rous[45] had

petitioned Parliament on the subject of depopulation in 1459, and in his

History, which was published sometime between that date and 1486, he

returned to the charge with a detailed account of the destruction of

villages in his own county of Warwickshire. More convincing than either,

the records of Manorial Courts[46] prove that the consolidation of

holdings and collisions between the interests of commoners and

sheep-farmers were quite common early in the fifteenth century. One may

perhaps pause to remark that the question of the antecedent conditions,

out of which the rapid agricultural changes of the sixteenth century

arose, is a very important one, and the more important the more

far-reaching those changes are thought to have been. It is surely

incredible that the conversion of land to pasture, the growth of large

pasture estates, and the eviction of customary tenants, should have

occurred to the extent described, unless considerable minor changes

preceded them, and without some premonitory rumblings to suggest the

coming storm. In economic affairs new lines of organisation usually

start on a small scale before they attain dimensions sufficiently

striking to attract attention; and one would expect to be able to trace

the leading motives of the agrarian changes of the Tudor period far back

in the fifteenth century and even earlier, and that they would throw

light on the nature of the subsequent movements. There is, further, some

difference of opinion as to the causes which forced the agrarian problem

to the front. Some contemporary authorities attribute it mainly to the

growth of the woollen industry,[47] and in this they have been followed

by most subsequent writers. On the other hand, the direct evidence

supplied by price statistics seems to be not altogether reliable,[48]

and in any case the woollen industry had been steadily growing for a

hundred years before the complaints as to enclosure become general. This

has led Dr. Hasbach[49] to argue that the change in agricultural methods

was due less to the high price of wool than to the low price of grain,

which was artificially reduced by the restrictions imposed on export

under the Tudors, and which he holds to have produced such a fall in

rent as to result in the adoption of pasture-farming. Other writers have

emphasised the revolutionary effect of the general depreciation in the

value of money[50] and the consequent growth of commercialism in the

relations between landlord and tenant.

[38] Ashley, _Economic History_, vol. i. Part II., p. 286:

"There were two periods of rapid change ... namely from c. 1470

to c. 1530, and again from about 1760 to 1830. After about 1530

the movement somewhat slackened."

[39] See below, Part III., chap. i.

[40] _Trans. Royal Hist. Soc._, vol. xix. See also Gonner,

_Common Land and Inclosure_, pp. 153-186. Professor Gonner is no

doubt right in saying that "the view which regards inclosure ...

as taking place mainly at two epochs, in the sixteenth and

eighteenth centuries respectively ... gives an almost entirely

false presentation of what occurred."

[41] Moore. _The Crying Sin of England in not Caring for the

Poor_, 1653, and _A Scripture Word against Enclosure_, 1656.

Moore's pamphlets provoked rejoinders, viz., _A Vindication of a

Regulated Enclosure_, by Joseph Lee, 1656, _Considerations

concerning Common Fields and Enclosures_ (1654, Pseudonismus),

and _A Vindication, of the Considerations concerning Common

Fields and Enclosures, or a Rejoynder unto that Reply which Mr.

Moore hath pretended to make unto those Considerations_ (1656,

Pseudonismus).

[42] 4 Henry VII. c. 19.

[43] "For the chief destruccion of Townes and decaye of houses

was before the begynnynge of the reign of King Henry the

Seventh" (The defence of John Hales, quoted p. lxiii. of Miss

Lamond's edition of _The Commonweal of this Realm of England_).

[44] Camden Society, 1854, lii.

[45] J. Rossus, _Historia Regum Angliæ_ (T. Hearne).

[46] See below, pp. 161-162.

[47] See _e.g._ More's _Utopia_ quoted above, and Pauli, _Drei

volkswirthschaftliche Denkscriften aus der Zeit Heinrichs VIII.

von England_. It is suggested that if the council will only fix

the price which stappellers and clothmakers are to pay for raw

wool, "it shall cause the pasturers of sheep to open their

enclosures and suffer the more earth to be wrought by works of

husbandry."

[48] See the discussion between Mr. Leadam and Professor Gay on

the wool prices of Thorold Roger in _Trans. Royal Hist. Soc._,

New Series, vol. xiv. The best account of the price movements of

the sixteenth century is contained in _Studien zur Geschichte

der Englischen Lohnarbeiter_, Band I., by Gustaf F. Steffen.

[49] Hasbach, _A History of the English Agricultural Labourer_,

pp. 31-33.

[50] See below, pp. 197-200 and 304-310.

Finally, one may ask what was the effect of legislation against

pasture-farming and evictions, and of the frequent administrative

interference by which the Governments of the sixteenth and seventeenth

centuries tried to check them. On a first view, at any rate, the whole

history of the policy pursued in this matter, with one short interval

from the autumn of 1549 to 1553, constitutes surely one of the most

remarkable attempts to control changing economic conditions by

Government action which has ever been made. Whether successful or

unsuccessful, it throws much light on the ideas of the period with

regard to the place in the State which should be occupied by the

landholding classes, on the relative advantages from a political

standpoint of large and small farming, and on the administrative

machinery of Government. The opinion generally[51] adopted seems to be

that the Acts forbidding conversion were entirely ineffective, and that

the Government, if sincere, was outmanœuvred by the Local

Authorities, whose duty it was to administer the laws, and whose

interest lay in preventing their administration. Much evidence may be

cited in support of this view. On the other hand, we have clear proof of

the Council interfering on some occasions with apparent success; and

further, it seems necessary to discriminate between the policies of

different periods. One cannot argue, for example, that because the

statutes protecting the poorer classes were not carried out by the

rapacious oligarchy of adventurers which governed England from the fall

of Somerset to 1553, therefore they were never used effectively in the

reigns of Henry VIII., of Elizabeth, or of the first two Stuarts. Nor

would one be right in assuming the existence in the sixteenth century of

the identity of interest and policy between the great landlords and the

Government which characterised the period from 1688 to 1832. One's

conclusion on the whole question must depend less on direct evidence as

to the success of the particular measures, which, in the nature of

things, is not easily obtainable, than on the opinion which one forms of

the degree of importance which the statesmen of the period assigned to

the class of small cultivators, and of the ability of the Central

Government to get its policy executed.

[51] e.g. by Hasbach, _op. cit._ p. 37. Gay, _Trans. Royal Hist.

Soc._, vol. xviii. Contrast Miss Leonard, Trans. _Royal Hist.

Soc._, vol. xix. On the subject of the policy of the State

towards the agrarian problem, see below, Part III., chap. i.

Such are some of the questions which are suggested by even a cursory

survey of the agrarian problem. There are others which are less

susceptible of summary statement, but which involve issues that are of

some importance for the interpretation of economic history. Granted that

it was inevitable that the subsistence husbandry of the mediæval village

should give way to capitalist agriculture, in what light are we to

regard the changes by which that great transformation was brought about?

Ought we to think of the open field system as altogether incompatible

with any improvement in agricultural technique, as the miracle of

squalid perversity which it has appeared to some writers both of our own

and of earlier ages, and as requiring the bitter discipline of pasture

farming and evictions to shake it out of its deep rut of custom, and to

make room for more progressive methods? Or are we to view it as

permitting a good deal of mobility, and as already slowly developing a

less rigid and cumbrous organisation when it was partially overwhelmed

by rapid, and for the mass of the peasantry disastrous, changes? What

place ought the agrarian revolution of the sixteenth century to be given

in that transition from mediæval to modern conditions of agriculture

which, starting in England, has spread eastwards through almost every

European country, and which is beginning to-day even in India. How far

does it compare and contrast with the enclosures of the period

succeeding the fall of the Stuarts, and with the analogous developments

which have taken place on the continent, and how far does it present

special features peculiar to itself? What were the relations between it

and other aspects of national life? Have the economic changes which took

place in the world of agriculture any reflex in the social and political

changes occurring in the century which divides the Reformation from the

Civil War? How far did the redistribution of property which they

effected contribute to the decline in the condition of the poorer

classes which, according to most writers, took place in the sixteenth

century, and to the creation of the commercial aristocracy whose

influence becomes so pronounced after the Restoration? What was the

result of these material developments in the realm of legal and economic

ideas? Ought we to minimise the communalism of the mediæval village? Or

should we think of the agrarian revolution of the sixteenth century as

really a new and decided movement in the direction of economic

individualism, a long step towards the growth of modern ideas of land

ownership and of the right of the individual to follow unfettered his

own discretion in matters of economic enterprise, which gather weight at

the end of the seventeenth, and come to their own at the end of the

eighteenth, century?

We cannot pretend to answer these questions. We leave them as riddles

for the reader, with the words which a sixteenth century economist

prettily prefaces to his analysis of the chief economic problems of his

age:--"And albeit ye might well saye that there be men of greater witte

then I; yet fools (as the proverb is) speake some times to the purpose,

and as many headdes, so many wittes ... and though eche of theise by

them selves doe not make perfitte the thing, yet when every man bringeth

in his guifte, a meane witted man maye of the whole (the best of everie

mans devise beinge gathered together) make as it were a pleasant garland

and perfitte."[52]

[52] Preface to _The Commonweal of this Realm of England_ (ed.

Lamond).

In the following pages we shall deal with our subject in the following

order: Chapter I. of Part I. will describe the chief classes of tenants

as they are set out in rentals and surveys, and in particular the

freeholders and customary tenants who formed the bulk of the

landholders. Chapters II., III. and IV. will discuss in some detail the

economic positions of the customary tenants both before and during the

sixteenth century, the reasons for supposing that there had been a

considerable growth in the prosperity of many of them before our period

begins, and the gradual modification in the customary conditions of

rural life, as illustrated both by the growth of competitive payments on

those parts of the manor which were least controlled by custom, and by

the attempts made by the peasantry themselves to overcome by enclosure

the difficulties attaching to the methods of open field cultivation.

Chapter I. of Part II. will examine the reason which led to more rapid

changes in agricultural methods in the sixteenth century, and the growth

of the large leasehold farms upon which these changes can be most easily

traced. Chapters II. and III. will discuss the reaction of these changes

upon the peasantry and the question of the nature and security of their

tenure. Chapter I. of Part III. will explain their political and social

importance and the policy of the State towards them. In Chapter II. we

shall endeavour to offer a summary of our main conclusions.

PART I

THE SMALL LANDHOLDER

"What comyn folke in all this world may compare with the comyns

of England in riches, freedom, liberty, welfare, and all

prosperity? What comyn folke is so mighty, so strong in the

felde as the comyns of England?"--_State Papers, Henry VIII._,

vol. ii. p. 10.

"My thynketh that as the wise husbandman makethe and maynteyneth

his nursery of yonge trees to plante in the steede of the olde,

when he seeth them begynne to fail, because he will be sure at

all tymes of fruyte: so shulde politique governours (as the

kynges maiestie and his councell mynde) provide for thencrease

and mayntenance of people, so that at no tyme they maye lacke to

serve his highnes and the commenwelthe."--_The defence of John

Hales agenst certeyn sclaundres and false reaportes made of

hym._

CHAPTER I

THE RURAL POPULATION

(a) _The Classes of Landholders_

If an Englishman of ordinary intelligence had been asked in the reign of

Henry VIII. to explain the foundations of national prosperity, he would

probably have answered that the whole wealth[53] of the country arises

out of the labours of the common people, and that, of all who labour, it

is by the work of those engaged in tillage that the State most certainly

stands. True, it cannot dispense with handicraftsmen and merchants, for

ours is an age of new buildings, new manufactures, new markets. The

traders of Europe are already beginning to look west and east after the

explorers; there are signs of an oceanic commerce arising out of the

coastwise traffic of the Middle Ages; and Governments are increasingly

exercised with keeping foreign ports open and English ports closed. But

whether any particular artisan or trader is a profitable member of the

commonwealth is an open question. Too many of the manufactures which men

buy are luxurious[54] trifles brought from abroad and paid for with good

English cloth or wool or corn or tin, if not with gold itself--articles

whose use sumptuary legislation would do well to repress. As for

merchants,[55] if like honest men they give their minds to navigation,

well and good. But theirs is an occupation in which there is much room

for "unlawful subtlety and sleight," for eking out the legitimate

profits earned by the labour of transport, with underhand gains filched

from the necessitous by buying cheap and selling dear, for speculations

perilously near the sin of the usurers who traffic in time itself.

Outside the circle of a few statesmen and financiers, the men of the

sixteenth century have not mastered the secret by which modern societies

feed and clothe (with partial success) dense millions who have never

seen wheat or wool, though London and Bristol and Southampton are

beginning to grope towards it. Looking at the cornfields which are

visible from the centre of even the largest cities, they see that a

small harvest means poverty and a good harvest prosperity, and that a

decrease of a few hundred acres in the area sown may make all the

difference between scarcity and abundance. A shortage in grain, which

would cause a modern State to throw open its ports and to revise its

railway tariff, sets a sixteenth century town[56] breaking up its

pastures and extending the area under tillage. No man is so clearly a

"productive labourer" as the husbandman, because no man so unmistakably

adds to the most obvious and indispensable forms of wealth; and though,

in the system of classes which makes up the State, there are some whose

function is more honourable, there is none whose function is more

necessary. In most ages there is some body of men to whom their

countrymen look with pride as representing in a special degree the

strength and virtues of the nation. In the sixteenth century that class

consisted of the substantial yeoman. Men speak of them with the same

swaggering affection as is given by later generations to the sea-dogs.

The genius of England is a rural divinity and does not yet rule the

waves; but the English yeomen have "in time past made all France

afraid."[57] They absorb most of the attention of writers, both on the

technique and on the social relations of agriculture. They are the

feet[58] upon which the body politic stands--the hands which, by

ministering to its wants, leave the brain free to act and plan. Let us

begin by trying to see how the landholding classes were composed.

[53] Pauli, _Drei volkswirthschaftliche Denkschriften aus der

Zeit Heinrichs VIII. von England_: How to reform the Realme in

setting them to work, and to restore tillage. "The whole welth

of the body of the realm riseth out of labours and workes of the

common people."

[54] _The Commonweal of this Realm of England_ (Lamond), p. 63:

"And I marvell no man taketh heade unto it, what nombre first of

trifles cometh hether from beyonde the seas, that we might

either clene spare, or els make them within oure owne Realme,

for the which we paie inestimable treasure every yeare, or els

exchange substanciall wares and necessaries for them." E. E. T.

S., _England in the Reign of King Henry VIII._, Part II., p. 84:

"Craftys men and makers of tryfullys are too many." Harrison in

_Elizebethan England_ (Withington), p. 15: "O how many trades

and handicrafts are now in England whereof the Commonwealth hath

no need!" &c.

[55] _e.g._ the prayer for merchants in Edward VI.'s _Book of

Private Prayer_: "So occupy their merchandise without fraud,

guile, or deceit."

[56] _Coventry Leet Book_, Part III., pp. 679-680.

[57] See Smith, _De Republica Anglorum_, Lib. I. c. 23: "These

are they which in the old world got that honour to Englande ...

because they be so manie in number, so obedient at the Lorde's

call, so strong of bodie, so hard to endure paine, so courageous

to adventure ... these were the good archers in times past, and

the stable troops of footmen that affaide all France that would

rather die all, than once abandon the knight or gentleman their

captaine," and Harrison in _Elizabethan England_ (Withington),

pp. 11-13.

[58] E. E. T. S., _England in the Reign of King Henry VIII._,

Starkey's Dialogue, Part II., p. 49: "To the handes are

resemblyd both craftysmen and warryarys.... To the fete the

plowmen and tyllarys of the ground, beycause they, by theyr

labour, susteyne and support the rest of the body."

The manorial documents supply us with much information about the

landholders, and though we cannot say what proportion[59] they formed of

the population, we ought to be able to say with some certainty the

relative numbers of different classes among them. In the surveys and

rentals of the period persons holding land may usually be divided

roughly according to the nature of their tenure into three

groups--freeholders, customary tenants, and leaseholders. This

classification[60] of course is an elastic and tentative one, which

raises almost as many questions as it settles. The customary tenure of

one part of the country differs very much from the customary tenure of

another part. Customary tenants include copyholders and the vast

majority of tenants at will, who are holding customary land, and who are

often entered under the latter heading merely because the surveyor did

not trouble to set out their full description. But tenancy at will is

sometimes used to describe the condition, not only of the holder of

customary land, but also of men who are mere squatters on the waste or

on the demesne, and who are not protected in their holdings by any

manorial custom. Again, it is not always easy to draw a line between

copyhold and leasehold. On a manor where the custom is least favourable

to the tenants' interests the former shades into the latter. There is

not much difference, for example, between a lease for thirty-three years

and a copyhold for life. Again, the classification is one of tenures not

of tenants. In parts of England, it is true, it does divide individual

tenants with almost complete exhaustiveness and precision. In most

districts, for example, the free tenant usually holds freehold land and

nothing else, the customary tenant customary land and no other. But in

East Anglia there is no such simplicity of arrangement, no such

permanence of tenurial compartments. Many free tenants hold land which

is said to be bond or villein or customary land; many customary tenants

hold free land; many of both have added to their holdings by leasing

parts of the demesne or of the waste, and though in this respect the

Eastern counties are exceptional, it is in them often impossible to say

in what class any individual should be placed.

[59] In this essay we are concerned only with the landholders,

not with the wage workers. The relative number of persons

holding land and of agricultural labourers without land is an

important question on which it is not easy to get light. The

surveys and rentals, a species of private census invaluable in

giving information about the holders of property, tell us only

the number of householders, and as the labourers employed in

agriculture (like many of those employed in manufacturing

industry) usually lived on the premises of their masters, they

do not enable us to calculate the number of those living

entirely by their labour. Still, since they include all tenants,

whether holders of a cottage only or holders of land in

addition, they enable us to say what proportion of heads of

families held land, and what proportion had none, or none except

a garden. This is of some importance. A tenant holding even as

much as fifty acres can hardly have employed more than two or

three agricultural labourers, and most tenants held less than

this; so that in those places where the cottagers form a small

proportion of the whole population we may conclude that a large

proportion of the villagers were landholders (for the figures on

this point see the tables given below).

Unfortunately, we do not possess for the sixteenth century even

such a loose estimate as was made by Gregory King at the end of

the seventeenth. In 1688 he calculated that there were 16,560

families of nobles and gentlemen, 60,000 families of yeomen,

150,000 of farmers--presumably on lease--400,000 cottagers and

poor, 364,000 labouring people and out-servants, obviously a

very rough calculation, the most remarkable feature of which is

the large number of yeomen. Poll Tax returns might give us the

kind of information we require, since they included, or were

meant to include, the whole population above a certain age,

irrespective of whether they held land or not, and sometimes

divided them roughly into classes. Thus on sixteen manors in the

Norfolk Hundred of Thingoe the return to the Poll Tax of 1381

showed a population of 870 male and female inhabitants over

fifteen years of age, of whom 9 were set down as knights, 53 as

farmers, 102 as artificers, 344 as "labourers" (laboratores),

362 as "servants" (servientes). If, as is not improbable, the

first four classes held land (the labourers being serfs working

on the demesne), and the last consisted of farm and household

employees who did not, this would put the landholding classes on

these manors at a little more than half the total population

over the age of fifteen. But this return was probably falsified

to escape the tax; see Powell, _The East Anglian Rising_, App.

I., and Oman, _The Great Revolt of 1381_. The figures published

by Dr. Savine (_Oxford Studies in Social and Legal History_,

vol. i., pp. 223-226) of the monastic population show that on

the eve of the dissolution there were residing in 22 houses in

Leicester, Warwick, and Sussex, 255 "hinds" and 76 "women

servants," presumably employed on the demesne farm, which gives

an average to each farm of about 11 hinds and about 3 women

servants. In the Kentish Nunnery of St. Sexburge, Sheppey, the

demesne farm employed a carter, a carpenter, two cowherds, a

thatcher, a horse keeper, a malter, three shepherds. Best,

describing his farming arrangements in Yorkshire in 1641

(_Surtees Society_, vol. xxxiii.), states: "Wee kept constantly

five plowes goinge, and milked fowerteene kine, wherefore wee

had always fower men, two boyes to go with the oxeploughe, and

two good lusty mayde-servants." These were in each case only the

permanent staff, and their comparatively small numbers suggest

that much work must have been done by men who worked on their

own land and only occasionally helped on the demesne, _i.e._

that the proportion of landholders to non-landholders was high.

This conclusion agrees with the evidence of the surveys, which

show that, especially in the East of England, many of both the

free and the customary tenants' holdings were so small that they

could hardly have made a living out of them without working as

wage-labourers as well, and also with other indications as to

the classes in rural society; _e.g._ out of 3780 persons

mentioned in Worcestershire recognizances, 1591-1643, as either

"labourers," "husbandmen," or "yeomen," 667 are entered as

labourers, 1303 as husbandmen, 1810 as yeomen, the latter

designation always, and the second usually, implying a holder of

land (J.W. Willis Bund, _Kalendar of the Sessions Rolls_,

1591-1643, Part II.) On the other hand, conditions varied

enormously from place to place. Where there was a considerable

body of small landowners the number of hired labourers tended to

be small, the work of cultivation being done by the holder and

his family; _e.g._ we read of a manor in the seventeenth century

where thirteen freeholders farmed 580 acres with the aid of only

ten men-servants and shepherds before enclosure, and six or

seven afterwards (Joseph Lee, _A Vindication of a Regulated

Enclosure_).

Some of the surveys supply us with extreme cases of the opposite

kind, where the whole manor consists of two or three holdings or

of even one great estate, and where almost the whole of the

population must have been working for wages; these illustrate

Harrison's complaint that in many places "The land of the parish

is gotten up into a few men's hands; yea, sometimes, into the

tenure of one or two or three, whereby the rest are compelled

betimes to be hired servants unto the others, or else to beg

their bread in misery from door to door" (Withington's edition

of _Elizabethan England_, p. 21). A protest made to the Council

from Norfolk in 1631 against its policy of trying to keep down

prices by insisting that all corn should be sold in the open

market points out that in "the woodland and pasture part" of the

country there are "a great many handicraftsmen which live by

dressinge and combinge of wool, carding, spinning and weaving,

etc., and the Townes there commonly very great consisting of

such like people and other artificers with many poor, and none

of them all ordinarilye having any corn but from the market." As

to the "champion part" of the county, the document divides the

rural population into three classes: "1. Tilth masters that have

corn of their own growing and sell it to others. 2. Labourers

that buy it at an under-price of them unto whom they worke. 3.

Poore people that are relieved by good orders in every towne"

(_Original Papers of the Norfolk and Norwich Archæological

Society_, 1907). But the case of Norfolk was exceptional, owing

to its position as the chief seat of the textile industries.

On the whole I am inclined to think that though the process of

commutation which went on from 1350 onwards can hardly be

explained except on the supposition that there was a

considerable population of persons who held little land and were

ready to eke out a living by working for wages, yet in the

sixteenth century even the wage-working heads of families

usually held a certain amount of land (even if only a garden) as

well. This agrees with what we are told by contemporaries of the

scarcity of wage-earners (see below, pp. 99-102). One may add,

that in view of this, the fixing of maximum wages bears a

somewhat different colour from that often given it. It was only

practicable, one is inclined to say, because so few persons

depended entirely on wages for a living. The social problem in

the sixteenth century was not a problem of wages, but of rents

and fines, prices and usury, matters which concern the

small-holder or the small master craftsman as much as the

wage-earner. The "working classes" were largely small property

holders and small traders.

[60] The summary statement given above is liable to be

misleading. The reader will find a fuller discussion of the

questions arising in connection with it below in Part II., chap.

iii.

Nevertheless, in spite of many marginal cases, we may perhaps find in

the surveyors' classification a map of the broader features of the

country through which we are to travel. Property holders, profit makers,

and wage-earners are to-day inextricably confused, but to the economist

who writes on our social problems 200 years hence it will not be

altogether useless to know that his predecessors did in practice draw

rough distinctions between these classes, and formed estimates of the

numbers of each. Much of the agrarian problem of the sixteenth century

turns on the question of the legal interest in their holdings enjoyed by

different classes of tenants, and though we cannot hope to escape the

pitfalls which await compilers of even the humblest census, a

preliminary survey of their distribution in a few counties may not be

altogether without value. The following figures are taken from the

surveys and rentals of 118 manors.[61] The majority were made in the

reign of Henry VIII., Edward VI., and Elizabeth. There are included,

however, three from the latter half of the fifteenth century and three

from the years between 1630 and 1650. Under the heading of customary

tenants are grouped copyholders and tenants at will, as well as those

who are called customary tenants in the rentals and surveys.

[61] They include also tenants on the lands belonging to

Cockersand Abbey, lying in many different parts of Lancashire,

in 1503. For the sources from which this table is constructed

and its defects, see Appendix II.

Scanty as they are, these figures show that there is the very greatest

variety in the distribution of different classes of tenants in different

parts of the country, and remind us that we must be careful how we

generalise from the conditions of one district to those of another. When

all localities are handled together, customary tenants form nearly

two-thirds of the whole landholding population, freeholders about

one-fifth, leaseholders between one-eighth and one-ninth. But in parts

of the Midlands and in parts of the West the leaseholders are much more

numerous than they are elsewhere; in Leicestershire they form over

one-fifth, and are almost as numerous as the freeholders, while if we

isolate the five Somersetshire and Devonshire manors which above are

combined with those of Wiltshire, we find that in them the leaseholders

exceed the freeholders by nearly two to one. Again, in Northumberland

the preponderance of customary tenants (where they form 91 per cent. of

the landholding population) over the two other classes is much more

marked than it is in Wiltshire, and in Wiltshire it is greater than it

is in the three Midland counties and in East Anglia. That customary

tenants should overwhelmingly preponderate in Northumberland is

intelligible enough. If the single great manor of Rochdale be removed,

they preponderate almost as much in Lancashire. In those two wild

counties mediæval conditions survive long after they have begun

elsewhere to disappear. There has been no growth of trade to bring

mobile leasehold tenures in its train, or to accumulate the wealth which

the peasants need to enfranchise their servile tenancies. But why should

they be so much more numerous in the southern counties than they are in

the twenty-two Midland villages, where one would suppose the conditions

to be much the same? Here, as often hereafter, we raise a question only

to leave it unanswered.

TABLE I

--------------------------+--------+--------+---------+--------+----------+

| Total. | Free- |Customary|Lease- |Uncertain.|

| |holders.| Tenants.|holders.| |

--------------------------+--------+--------+---------+--------+----------+

Northumberland, | 474 | 26 | 436 | 12 | |

six manors | | | | | |

| | | | | |

Lancashire, | | | | | |

seven manors, and lands | | | | | |

belonging to Cockersand | | | | | |

Abbey | 1280 | 217 | 451 | 334[62]| 278 |

+--------+--------+---------+--------+----------+

Total | 1754 | 243 | 887 | 346 | 278 |

| |(13.8%) | (50.5%) |(19.04%)| (15%) |

| | | | | |

Staffordshire, | 356 | 44 | 272 | 23 | 17 |

six manors | | | | | |

| | | | | |

Leicestershire, | 618 | 134 | 311 | 124 | 49 |

nine manors | | | | | |

| | | | | |

Northamptonshire, | 531 | 100 | 355 | 66 | 10 |

seven manors | | | | | |

+--------+--------+---------+--------+----------+

Total | 1505 | 278 | 938 | 213 | 76 |

| |(18.1%) | (62.3%) |(14.2%) | (5%) |

| | | | | |

Norfolk, |1011[63]| 316 | 596 | 53 | 50 |

twenty-five manors | | | | | |

| | | | | |

Suffolk, | 353 | 176 | 146 | 25 | 6 |

fourteen manors | | | | | |

+--------+--------+---------+--------+----------+

Total |1364[63]| 492 | 742 | 78 | 56 |

| | (36%) | (54.3%) | (5.7%) | (4.1%) |

| | | | | |

Wiltshire, Somerset, | | | | | |

and Devonshire, | | | | | |

thirty-two manors | 1102 | 149 | 817 | 136 | |

| | | | | |

Hampshire, | 259 | 8 | 251 | | |

two manors | | | | | |

| | | | | |

Ten other manors | | | | | |

in the south of | | | | | |

of England | 219 | 43 | 158 | 12 | 6 |

+--------+--------+---------+--------+----------+

Total | 1580 | 200 | 1226 | 148 | 6 |

| |(12.6%) | (77.2%) | (9.3%) | (0.3%) |

+--------+--------+---------+--------+----------+

Grand total |6203[63]| 1213 | 3793 | 785 | 416 |

| |(19.5%) | (61.1%) |(12.6%) | (6.7%) |

--------------------------+--------+--------+---------+--------+----------+

[62] The Lancashire figures are unduly weighted by those of the

single large manor of Rochdale, where, in 1626, there were 612

tenants. If this manor be omitted, there remain only 19

leaseholders on the other Lancashire manors. Like

Northumberland, Lancashire seems to be (as one would expect) a

county of customary tenants.

[63] There is an error of 4 in the Norfolk figures which I have

been unable to trace and correct.

Yet there is one point emerging from these figures of which the

explanation can hardly be in doubt. It will be noticed that in Norfolk

and Suffolk combined the proportion of freeholders is about double what

it is in the country as a whole. In the former county they form more

than one-third of all the landholders, and in the latter they are almost

equal to the other two classes together. The number of peasant

proprietors in Suffolk is indeed quite exceptional, and is one of the

most remarkable facts revealed by the surveys, drawing an unmistakable

line between the land tenure of the east and that of the south-west and

the northern border. In Wiltshire and Northumberland it is not uncommon

to find villages where no freeholders at all are recorded. In Norfolk

and Lancashire it is the exception for them to be in a majority. But on

half the Suffolk manors summarised above they are the largest class

represented, and on some they stand to the other landholders in a

proportion of two, three, and even four to one. Is it fanciful, one may

ask, to turn from the sixteenth century to the dim beginnings of things,

to that first and greatest survey in which the land of England was

described so that not an ox or an acre escaped valuation, and in which,

before freehold tenure had been hammered into any precise legal shape,

Suffolk and Norfolk abounded more than all other counties in _liberi

homines_ and _sochemanni_? Though a longer time separates these

documents from Domesday[64] than separates them from us, perhaps it is

not altogether fanciful. Rural life, except for one great catastrophe,

has been very permanent. Unlike rural life to-day, it has been most

permanent in its lower ranges. How ever often manors may have changed

hands, there has been little to break the connection with the soil of

peasants whose title is good, no change at all comparable to the buying

out of small freeholders which took place in the eighteenth and

nineteenth centuries. It may well be that the main outlines of the

social system which the Domesday commissioners found already laid in the

east of England crop out again after the lapse of between four and five

hundred years. It may well be that Suffolk is a county of small

freeholders in the days of Henry VIII. and Elizabeth, because it was a

county of free men and socmen in the days of William I.

[64] In Domesday Book 35 per cent. of all the tenants in Suffolk

are _liberi homines_, 32 per cent. of all those in Norfolk are

either _liberi homines_ or _sochemanni_. See Vinogradoff, _The

Growth of the Manor_, note 24 to chap. iii. Book III. (p. 376);

Maitland, _Domesday Book and Beyond_, p. 23; Seebohm, _The

English Village Community_, map opposite p. 85. Domesday also

gives a large number of _liberi homines_ and _sochemanni_ in

Leicestershire. In the table given above the Leicestershire

manors come after Suffolk and Norfolk as having the third

largest proportion of freeholders, viz., 21.6 per cent. The

return of freeholders supplied to the Government in 1561

(Lansdowne MSS. V., 8, 9, 11, 12, 13, 14, 15) appear to be

considerably understated, probably because only the more

substantial men were thought worth mentioning. They are as

follows: Beds 282, Berks 166, Essex 880, Notts 189, Oxon. 198,

Herts 363, York 787, Lincoln 444. The large number in Essex is

noteworthy.

(b) _The Freeholders_

In spite of the constant complaints of the sixteenth century writers

that one effect of the agrarian changes was the decay of the yeomanry,

we shall not in the following pages be much concerned with the

freeholders. In our period the word "yeomen" was ceasing to be given the

narrow semi-technical sense which it possessed in Acts of Parliament and

legal documents, and was beginning to acquire the wide significance

which it possesses at the present day. To the lawyer the yeoman meant a

freeholder,[65] "a man who may dispend of his own free lande in yerely

revenue to the summe of 40s. sterling," and if the word yeoman was used

in its strict legal sense, the decay of the yeomanry ought to have meant

a decline in the numbers of freeholders, such as occurred on a very

large scale two and a half centuries later. But in this matter it seems

that popular usage was more elastic than legal definition, and, except

when the significance to be given it is defined by the context, the word

itself is not an accurate guide to the legal position of those to whom

it is applied. Writers on constitutional questions were careful to

observe the stricter usage, because the 40s. freeholder occupied a

position in the State, both as a voter and in serving on juries, from

which persons who, though much wealthier, were not freeholders, were

excluded. But the word yeoman was used, in speaking of agricultural

conditions, to describe any well-to-do farmer beneath the rank of

gentleman, even though he was not a freeholder. Thus Bacon[66] writes

quite vaguely of "the yeomanry or middle people, of a condition between

gentlemen and cottagers or peasants." Those who insisted that the

military power of England depended on the yeomanry can hardly have meant

to exclude well-to-do copyholders;[67] not only copyholders but even

villeins[68] by blood were sometimes described as yeomen; and, in fact,

even writers who, like Sir Thomas Smith,[69] use the word most clearly

in its strict legal sense on one page, allow themselves to slip into

using it in its wider and more popular sense on the next, when the

social importance of the class and not its legal status is uppermost in

their minds.

[65] Smith, _De Republica Anglorum_, Lib I., c. 23.

[66] _History of King Henry VII._ (Lumley), pp. 70-72. He makes

his meaning quite clear by saying "tenancies for years, lives,

and at will, whereupon much of the yeomanry lived, were turned

into demesnes."

[67] _Trans. Royal Hist. Soc._, vol. xvii. (Savine, "Bondmen

under the Tudors").

[68] _Ibid._

[69] Smith, _De Republica Anglorum, loc. cit._

Nor is there much evidence that the freeholders suffered generally from

the agrarian changes of the sixteenth century. It is true that there are

some complaints from freeholders as to the loss of rights of pasture

through the encroachments of large farmers upon the commonable area,

some cases of litigation between them and enclosing landlords. But,

since their payments were fixed, there was no way of getting rid of them

except by buying them out, and though this method, which was so

important a cause of the decline of the small freeholder in the

eighteenth and early nineteenth centuries, was occasionally employed to

round off a great estate, it seems to have played a comparatively

unimportant part in our period. There is no sign of any large diminution

in their numbers, such as would have been expected if the movement had

affected them in the same way as it did the customary tenants.

Indeed, if the accounts of contemporary writers may be trusted, it would

appear that their position was actually improved in the course of the

century. Though even among quite small men one occasionally finds a

tenant by knight[70] service, the vast majority of freeholders held in

free socage, owing fealty and suit of court, and paying a money rent,

sometimes combined with the old recognitions[71] of dependent tenure,

such as a gillyflower, a red rose, a pound of pepper, or a pound of

cummin. But while on some manors some outward form of feudalism, such as

homage and fealty, were still maintained, the decay of feudal relations

in the middle order of society had combined with economic causes to

better their condition, and the time was already not far distant when

those who held by the more honourable tenure of knight service would

insist on its being assimilated to the humbler and less onerous tenure

of the socager. The agricultural services of the socage tenants had long

disappeared. There are many instances of work on the demesne being done

in the sixteenth century by copyholders; but there is in our records

only one manor where it was exacted from the freeholders, and other

obligations were tending to go the way of the vanished predial labour.

Suits of court might be owing, and set down as owing in the surveys, but

one may doubt very much whether they were often enforced. Owing to the

fall in the value of money the fixed rent of the socager often yielded

only a small income to the lord of the manor, and in a good many cases

these payments had disappeared altogether before the end of the century,

or were so unimportant as to be hardly worth the trouble of collecting.

Surveyors for this reason were often little interested in them, and,

while recording the acreage held by the customary tenants and

leaseholders with scrupulous accuracy, did not always trouble to set out

in detail the holdings of a class which was financially so

insignificant, with the result that sometimes the freeholders shook

themselves loose from all payments and services altogether. Nor, had the

surveyors been as careful as the heads of the profession would have had

them be, would they always have been successful in dealing with this

very independent class. They may protest that "next[72] under the king"

the freeholders "may be said to be the lord's," but freehold lands have

a way of getting mislaid[73] to the despair of manorial officials, as

copyhold lands do to-day. When escheats occur, the holding cannot be

found; when rents are overdue, distraint is impossible, because the

bailiff does not know on whom to distrain. The suggestion that, as long

as rents are paid and services discharged, the lord has any interest in

the property of his freehold tenants, rouses instant resentment, and it

would seem that by our period, at any rate in the south of England, the

connection of the freeholders with the manor was a matter rather of form

and sentiment than of substance. In fact freehold has almost assumed its

modern shape.

[70] MSS. of Earl of Leicester at Holkham. Billingford and

Bintry MSS. No. 9 (Manor of Foxley, 1568).

[71] _e.g. ibid._, Sparham MSS. No. 5, a freeholder pays "a

pounde of cumming seede and a gillyflower" (_c._ 1590). R.O.

Rentals and Surveys, Duchy of Lancaster, Portf. 6, No. 15: "nyne

golden threads of vi.d." (1568). R.O. Land Rev. Misc. Bks., 182,

fol. 1: a tenant "holds freely a cottage paying a red rose."

[72] Norden, _The Surveyor's Dialogue_, Book I., pp. 4-5, to

which the farmer answers: "Fie upon you. Will you bring us to be

slaves? Neither lawe, nor reason, nor least of all religion, can

allowe what you affirme."

[73] _Op. cit._, Book III. Here is a bitter cry from the bailiff

of a manor (Merton Documents, No. 4381). "Good sir let me

entreat you yf the Colledge determyne to make survey this spring

of the lands at Kibworth and Barkly to send Mr. Kay or me word a

month or 3 weeks before your coming that we may have Beare and

other necessaries, and I desire you to gather up all evidences

that may be needful for the Lordshipp, for all testimony will be

little enough, the Colledge land is so mingled with Mr. Pochin's

freehold and others in our towne. There ys an awarde for

keepinge in of the old wol (?) close in our fields for (from ?)

Mr. Pochin's occupation, very needfulle for the ynhabitannts yf

that awarde can be founde at the colledge where yt was loste."

(For the remainder of this letter see Appendix I.) The Crown

suffered especially, see Norden, _Speculum Britanniae_, Part I.,

pp. xl.-xliii. of introduction (Camden Society): "In many of his

Majesty's manors, free holders, their rents, services, tenures

and landes ... become strange and unknown ... and when escheates

happen the lande that should redound to his Majesty cannot be

found." In the common entry in manorial surveys under the

heading of freeholders of "certain lands" we should probably

take the word "certain" to mean "uncertain."

In assuming its modern shape it has made this particular strand in rural

life harder to unravel. By escaping from the supervision of the manorial

authorities the freeholders escape at the same time from the economic

historian, and since the facts of their position go so often

unrecorded, we can speak of it with much less confidence than we can

about that of the leaseholders and customary tenants. Out of over one

hundred manors which we have examined, there are only twenty-two where

it is possible to ascertain with any accuracy the acreage held by the

freeholders, and, even on these, one too often meets cases in which the

extent of the holding is either unknown to the surveyor, or in which he

does not think it worth while to record it. Our results, such as they

are, are set out in the table on pages 32 and 33.[74]

[74] For the sources and defects of this table see Appendix II.

Combining the information supplied by these figures with that obtained

from other sources, we can form a rough idea of the agrarian conditions

under which the freeholders live. They are, in the first place, a most

heterogeneous class, including on the one hand men of considerable

wealth and position, and on the other mere cottagers. If we could trust

the statistics given above we should have to say that the latter

enormously outnumbered the former. But our impression is that, though,

no doubt, a large number of freeholders were extremely small men, the

preponderance of the latter was not nearly so marked as is suggested by

the table. For one thing, it is difficult to reconcile it with the

accounts given us of the substantial yeomen by the writers of the

sixteenth and seventeenth centuries. For another thing, it is in dealing

with the larger freeholders that the inclination of surveyors to omit

any estimate of the extent of the land is strongest, because it is

naturally in their case that an estimate is most difficult to form.

Probably, therefore, if we could obtain for the freehold tenancies

figures even as full as we can for those of the customary tenants, we

should find that the proportion holding between twenty and forty acres

was considerably larger than these partial statistics would suggest.

In the second place, though we very rarely have direct information as to

the proportion of their holdings used as arable, meadow, and pasture,

such as is often supplied for other classes of tenants, we may say with

some confidence that it is extremely improbable that their agricultural

economy differed from that of the neighbouring copyholders,[75] and that

the backbone of their living, except when the plots were so small as

merely to supply them with garden produce, was therefore in almost every

case tillage. If in any way they departed from the practice of their

neighbours who were not freeholders, they did so probably only in being

somewhat more alert and enterprising, somewhat more ready to use their

security to break with custom and to introduce innovations. It is clear

that many of them were very far from being tied down to the stagnant

routine which some writers would have us believe is inseparable from all

small scale farming. Often, indeed, they had enough initiative to

realise the advantages of improved methods of cultivation, and on

several manors of the sixteenth and seventeenth centuries the

freeholders agreed with each other to survey their lands and separate

them, so that they could be cultivated in severalty.[76] In many cases,

again, they extended their holdings, which were sometimes large and

sometimes mere patches of a few acres, by acting as farmers for the lord

of the manor and leasing[77] the demesne or part of it. Above all they

had nothing to fear from the agrarian changes which disturbed the

copyholder and the small tenant farmer, and a good deal to gain; for the

rise in prices increased their incomes; while, unlike many copyholders

and the tenant farmers, they could not be forced to pay more for their

lands.

TABLE II

---------------------------------------------------------------+

15 and under 20 Acres. |

10 and under 15 Acres. | . |

5 and under 10 Acres. | . | . |

2-1/2 and under 5 Acres. | . | . | . |

Under 2-1/2 Acres. | . | . | . | . |

Houses or Cottages only. | . | . | . | . | . |

Total Number of Tenants. | . | . | . | . | . | . |

----------------------------+ | | | | | | +

Norfolk, six manors | 139| 25| 33| 12| 17| 9 | 10 |

----------------------------| | | | | | | +

Suffolk, four manors | 85| 27| 18| 10| 11| 2 | |

----------------------------| | | | | | | +

Staffordshire, three manors | 24| 7| 4| 2| 3| 1 | |

----------------------------| | | | | | | +

Lancashire, three manors | 9| | 1| 3| 1| 1 | 1 |

----------------------------| | | | | | | +

Northants, four manors | 116| 10| 11| 4| 13| 9 | 5 |

----------------------------| | | | | | | +

Wiltshire, one manor | 6| | | | 2 | | |

----------------------------| | | | | | | +

Leicestershire, one manor | 11| 1| 2| 2| 1| | 1 |

----------------------------+----+----+----+----+----+----+----+

Total, twenty-two manors| 390| 70| 69| 33| 48| 22 | 17 |

----------------------------+----+----+----+----+----+----+----+

TABLE II (CONT'D)

---------------------------------------------------------------+

Uncertain.|

120 and over.| .|

115 and under Acres.|.| .|

110 and under Acres.|.|.| .|

105 and under Acres.|.|.|.| .|

100 and under Acres.|.|.|.|.| .|

95 and under Acres.|.|.|.|.|.| .|

90 and under Acres.|.|.|.|.|.|.| .|

85 and under Acres.|.|.|.|.|.|.|.| .|

80 and under Acres.|.|.|.|.|.|.|.|.| .|

75 and under Acres.|.|.|.|.|.|.|.|.|.| .|

70 and under Acres.|.|.|.|.|.|.|.|.|.|.| .|

65 and under Acres.|.|.|.|.|.|.|.|.|.|.|.| .|

60 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.| .|

55 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.|.| .|

50 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.|.|.| .|

45 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.| .|

40 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.| .|

35 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.| .|

30 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.| .|

25 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.| .|

20 and under Acres.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.|.| .|

--------------------| | | | | | | | | | | | | | | | | | | | | | +

Norfolk |2| |2|1|2| | | | | | | | | | |1|2| | | | |23|

--------------------| | | | | | | | | | | | | | | | | | | | | | +

Suffolk |1|1|3| | | |2|1| | | | |1| | | | | | | | | 8|

--------------------| | | | | | | | | | | | | | | | | | | | | | +

Staffordshire |1|2| |1|1| | | | | | | | | | | |2| | | | | |

--------------------| | | | | | | | | | | | | | | | | | | | | | +

Lancashire | | | | | | |1| | | | | | | | | | | | | | | 1|

--------------------| | | | | | | | | | | | | | | | | | | | | | +

Northants |1|1|4|2|3|2| | |3| | | | | | | | | | | |3|45|

--------------------| | | | | | | | | | | | | | | | | | | | | | +

Wiltshire | | | | |1| |1| |1| | | | | | | | | | | |1| |

--------------------| | | | | | | | | | | | | | | | | | | | | | +

Leicestershire |1| | | | |1| | | | | | | | | | | | | | | | 2|

--------------------+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+--+

Total |6|4|9|4|7|3|4|1|4| | | |1| | |1|4| | | |4|79|

--------------------+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+--+

[75] See below, pp. 105?-115.

[76] See _e.g. Northumberland County History_, vol. ix. p. 327,

below, pp. 157-?158, and _Calendar of Proceedings in Chancery,

temp. Eliz._ B, b. 1, 58, Ll. 10, 62.

[77] Smith, _De Republica Anglorum_, Lib. I., c. 23: "These be

for the most part fermors unto gentlemen." _Elizabethan England_

(Withington), p. 120. "Yeomen" frequently occur in the sixteenth

and seventeenth centuries as lessees of the Merton Manors.

The apparent immunity of the freeholders in the face of movements which

overwhelmed other groups of tenants suggests indeed that economic

causes alone, which all classes, whatever the legal nature of their

tenure, would have experienced equally, are not sufficient to explain

the sufferings of the latter. The situation in our period is not like

that which arose in the eighteenth and early nineteenth centuries, when

widening markets throw all the advantages of increasing returns on the

side of the large wheat farmer, and the yeomanry sell their holdings to

try their fortunes in the rapidly growing towns. The struggle is not so

much between the large scale and small scale production of corn as

between corn growing and grazing. The small corn grower, provided he has

security of tenure, can still make a very good living.[78] From the

point of view of the economist all the smaller men, whether freeholders,

leaseholders, or customary tenants, are in much the same position. The

decisive factor, which causes the fortunes of the former class to wax,

and those of the two latter to wane, is to be found in the realm not of

economics but of law. Leaseholders and many copyholders suffer, because

they can be rack-rented and evicted. The freeholders stand firm, because

their legal position is unassailable. Here, as so often elsewhere, not

only in the investigation of the past but in the analysis of the

present, the trail followed by the economist leads across a country

whose boundaries and contours and lines of least resistance have been

fashioned by the labour of lawyers. It is his wisdom to recognise that

economic forces operate in a framework created by legal institutions,

that to neglect those institutions in examining the causes of economic

development or the distribution of wealth is as though a geographer

should discuss the river system of a country without reference to its

mountain ranges, and that, if lawyers have wrought in ignorance of

economics, he must nevertheless consult their own art in order to

unravel the effect of their operations.

[78] See below, pp. 105?-115.

From the larger standpoint of social and political organisation the

freeholders constituted an element in society the very nature of which

we can hardly understand, because our modern life offers no analogy to

it. We tend to draw our social lines not between small properties and

great, but between those who have property and those who have not, and

to think of the men who stand between the very rich and the very poor,

the men of whom our ancestors boasted as the "Commons of England," as

men who do not own but are employed by owners. Independence and the

virtues which go with independence, energy, a sober, self-respecting

forethought, public spirit, are apt to become identified in our minds

with the possession of wealth, because so few except the comparatively

wealthy have the means of climbing beyond the reach of the stream of

impersonal economic pressure which whirls the mass of mankind this way

and that with the violence of an irresponsible Titan.

The sixteenth century was poor with a poverty which no industrial

community can understand, the poverty of the colonist and the peasant.

It lived in terror of floods and bad harvests and disease, of plague,

pestilence, and famine. If one may judge by its churchyards, it had an

infantile mortality which might make even Lancashire blush under its

soot. Yet (and we do not forget the black page of the early Poor Law) it

was possible for men who by our standards would be called poor to

exercise that control over the conditions of their lives which is of the

essence of freedom, and which in most modern communities is too

expensive a privilege to be enjoyed by more than comparatively few. Such

men were the freeholders. They formed a class which had security and

independence without having affluence, which spanned the gulf between

the wealthy and the humble with a chain of estates ranging from the few

acres of the peasant proprietor to the many manors of the noble, which

was not too poor to be below public duties nor too rich to be above

them, which could feel that "it is a quietness to a man's mind to dwell

upon his owne and to know his heire certaine."[79] Look for a moment at

the jolly picture drawn by Fuller,[80] who wrote at the very end of the

period with which we are dealing:--

"The good yeoman is a gentleman in ore whom the next age may see

refined, and is the most capable of genteel impressions when the Prince

shall stamp.... France and Italy are like a die which has no points

between cinque and ace, nobility and peasantry.... Indeed, Germany hath

her boors like our yeomen; but by a tyrannical appropriation of nobility

to some few ancient families their yeomen are excluded from ever rising

higher to clarify their blood. In England the temple of honour is closed

to none who have passed through the temple of virtue.

"He wears russet clothes, but makes golden payment, having tin in his

buttons and silver in his pocket. He is the surest landmark whence

foreigners may take aim of the ancient English customs, the gentry more

floating after foreign fashions.

"In his house he is bountiful both to strangers and poor people. Some

hold, when hospitality died, she gave her last groan among the yeomen of

Kent. And still at our yeoman's table you shall have as many joints as

dishes; no meat disguised with strange sauce; no straggling joint of a

sheep in the midst of a pasture of grass, but solid, substantial food.

"He hath a great stroke in the making of a knight of the Shire. Good

reason, for he makes a whole line in the subsidy book, where, whatsoever

he is rated, he payeth without regret, not caring how much his purse be

let blood, so it be done by the advice of the physicians of the state.

"In his own country he is a main man on juries; where, if the Judge open

his eyes on a matter of law, he needs not to be led by the nose in

matters of fact.... Otherwise (though not mutinous in a jury) he cares

not whom he displeaseth, so he pleaseth his own conscience.

"In a time of famine he is the Joseph of the country and keeps the poor

from starving ... and to his poor neighbour abateth somewhat of the high

price of the market. The neighbour gentry court him for his

acquaintance, which either he modestly waveth, or thankfully accepteth,

but in no way greedily desireth.

"In war, though he serveth on foot, he is ever mounted on a high spirit,

as being a slave to none, and subject only to his own Prince. Innocence

and independence make a brave spirit, whereas otherwise one must ask his

leave to be valiant on whom one depends. Therefore if a state run up all

to noblemen and gentlemen, so that the husbandmen be only mere

labourers or cottagers (which one calls but 'housed beggars'), it may

have good cavalry, but never good bands of foot.... Wherefore to make

good infantry it requireth men bred not in a servile or indigent

fashion, but in some free and plentiful manner."

[79] Norden, _The Surveyor's Dialogue_.

[80] Fuller, _Holy and Profane State_. The concluding paragraph

is obviously copied from Bacon's _History of King Henry VII._

The ancestors of the yeomanry had suffered much in the anarchy of the

fifteenth century, when the violent ejection of freeholders seems to

have become almost as common[81] as it had been in the evil days before

the reforms of Henry II. But the Tudor monarchy had put an end to that

nightmare of lawlessness, and in any society governed by law this body

of small property-owners was bound to be a powerful element, even though

they had no occasion for making any concerted use of their power, as

during the greater part of our period they had not. One must not, of

course, exaggerate their importance, or forget that, though a special

dignity was attached by opinion to all freeholders, they included in

reality men of various economic positions. Many of them must have been

quite poor. In the eastern counties, where they are most numerous, they

frequently own not more than three or four acres apiece, and can hardly,

one would suppose, have supported themselves without working for wages

in addition to tilling their holdings. Nevertheless the part which they

played in the routine of rural life was an indispensable one, and the

very diversity of the elements which they included made them a link

between different ends of the social scale. It was from the more

substantial among them that the government was most anxious to recruit

the military forces. The obligation of serving the State as voters and

upon juries fell upon the 40s. freeholders. The security of their tenure

caused them to be the natural leaders of the peasantry in resisting

pressure from above. No efforts of Elizabeth's Government could induce

the yeomanry of the North[82] Riding to abandon the old religion; and

when tenants and lords fall out over common rights and enclosures, it is

often the freeholders--though on occasion they enclose themselves--who

speak[83] for the less independent classes and take the initiative in

instituting legal proceedings. The upward movement which went on among

this class in many parts of England meant a change in the distribution

of material wealth which necessarily involved a corresponding change in

the balance of social forces and in the control of political power. To

Harrington,[84] who sought in the seventeenth century to find in

economic causes an explanation of the revolution through which the

country had passed, it seemed that the seeds of the civil war had been

sown by the Tudor kings themselves in the care which they showed for the

small proprietor. In destroying feudalism to establish the monarchy,

they had raised a power which was more dangerous to the monarchy than

feudalism itself. They had snapped the bond between landlord and tenant

by the Statute of Retainers. They had given the tenant security by

forbidding depopulation. Most important of all, by encouraging

alienation they had caused an enormous transference of property from the

upper to the middle and lower middle classes. "The lands in possession

of the Nobility and Clergy of England till Henry VII. cannot be

estimated to have over-balanced those held by the People less than four

to one. Whereas, in our days, the Clergy being destroyed, the Lands in

possession of the People over-balance those held by the Nobility at

least nine in ten." But property is political power individualised and

made visible. The destruction of the monarchy was only the political

expression of an economic change which had begun in the reign of Henry

VII. "He suffered the balance to fall into the power of the people....

But the balance being in the People, the Commonwealth (though they do

not see it) is already in the nature of them." We need not accept

Harrington's view in its entirety in order to appreciate the

significance of the change which he describes. Certainly the yeomanry

were growing in political power, and were strong in that spirit of

self-respect and pride in their order, which, when, as too often, it is

confined to a single class, means social oppression, but which, when

widely diffused throughout society, is the mother of public spirit and

political virtue. The long discipline of tiresome public duties which

they had borne throughout the Middle Ages had formed them into a body

which was alive to political issues and conscious of political

influence, and which, when participation in public affairs became not

only a duty but a right, would use their power to press urgent petitions

from one county after another upon the King and upon the Parliament, or

by riding up from Buckinghamshire to protect Hampden at Westminster in

1642, or by fighting behind Cromwell in Cambridgeshire, or by fighting

for the King in the West. Compared with the bulk of the population, they

were a privileged class and stood by their own; it was they who restored

the franchise to the 40s. freeholders in 1654 and refused to extend it

to the copyholders. But the tenure of much of the land of England by men

with whom, however poor, no landlord or employer could interfere, set a

limit to the power of wealth, and made rural society at once more alert

and more stubborn, a field where great ideas could grow and great causes

find adherents. Political and religious idealism flourish bravely in a

stony soil. What makes them droop is not poverty, but the withering

shadow cast by complete economic dependence.

[81] Paston Letters, I. 12, II. 248. Plummer's edition of

Fortescue, _On the Governance of England_, Intro., p. 21.

[82] Atkinson's _Quarter Sessions of the North Riding of

Yorkshire_, lists of recusants.

[83] _e.g. Topographer and Genealogist_, vol. iii. (quoted

below, pp. 251-253), and Selden Society, _Select Cases in

the Court of Star Chamber_, vol. ii., _Inhabitants of Thingden_

v. _Mulsho_; also Holkham MSS., Burnham Documents, Bdle. 5, No.

94 (quoted below, p. 245 _n_.).

[84] Harrington's works, 1700 edition, p. 69 (_Oceana_), pp.

388-?389 (_The Art of Law-giving_). See also Firth, _The House

of Lords during the Civil War_, pp. 28-?32.

From such degrading subservience the freeholders, "slaves to none," were

secure. As it was, they often left substantial fortunes to their

children, and by the middle of the sixteenth century were already

following the examples of their social superiors in entailing[85] their

lands. One can quite understand therefore that there is nothing

inconsistent between the glowing accounts of their prosperity at the end

of the century given by Harrison and his lamentation over the decline

of the rural population, or between the well-attested sufferings of the

small cultivator in the sixteenth century and his equally well-attested

importance in the seventeenth and early eighteenth. The explanation is

that the freeholders, though most important politically, did not form

the larger proportion of those substantial yeomen whose decay was

lamented. The day of their ruin was to come. But for the next two

centuries they were safe enough, and, if anything, gained on the class

immediately above them, whose lands they bought or leased, into whose

families they married, and with whose children their own competed in the

learned professions, laying, as the historian of Suffolk[86] said, "such

strong, sure and deep foundations that from thence in time are derived

many noble and worthy families." Nothing in the life of the period

caused more pride than the prosperity of this solid body of small

property-owners, and the contrast which it offered to the downtrodden

peasantry of the Continent. No loss has been sustained by the modern

world greater than their disappearance.

[85] It is stated by good authorities that between 12 Ed. IV.,

when the collusive action known as a common recovery used to

evade the Statute _de donis conditionalibus_ was confirmed by a

judicial decision (Taltarum's case), and the introduction into

settlements of "Trustees to preserve contingent remainders" by

Sir Orlando Bridgeman and Sir Geoffrey Palmer under the

Commonwealth, the tieing up of lands in one family was

impossible (_e.g._ Johnson, _The Disappearance of the Small

Landowner_, pp. 11-?13). But in 1538 Starkey's Dialogue speaks

strongly of the practice of entailing lands. "This faute sprange

of a certayn arrogancy, whereby, wyth the entaylyng of landys,

every Jake would be a gentylman, and every gentylman a knight or

a lord" (E. E. T. S., _England in the Reign of Henry VIII._,

Part II. pp. 112?-113, and pp. 195?-196.)

[86] Reyce, _Breviary of Suffolk_, p. 58, quoted _Victoria

County History, Suffolk_.

(c) _The Customary Tenants_

Important, however, as the freeholders were from a social and political

standpoint, they were in most parts of England far inferior in point of

numbers to those described as "customary tenants." It is with the latter

class that we are mainly concerned, and leaving the leaseholders on one

side for examination later,[87] we may summarise shortly certain

features in their position. The number of customary tenants varied from

one manor to another, according to the extent to which in different

districts farmers holding by lease had been substituted for them, and on

some by the middle of the sixteenth century there were none at all. But

there are many indications that, down to the end of that century at any

rate, and probably much longer, they formed over the great part of

England the bulk of the landholding population. Of the revenues of 74

manors held by monastic[88] houses in 1535, £116 came from free, and

£1310 from customary, tenants. On 81 of the 118 manors analysed above

they are the most numerous class. When all the different districts are

grouped together, they amount to about 61 per cent. of all landholders,

and even this figure does not give an adequate idea of their numerical

importance. As we have seen, Norfolk and Suffolk are quite peculiar in

the multitude of freeholders they embrace, while the large number of

leaseholders on one extensive Lancashire manor unduly weights the

figures for that county. On the Midland manors 62 per cent., in

Wiltshire, Devonshire, and Somerset 77 per cent., in Northumberland 91

per cent. of all those holding land are customary tenants. No doubt the

area of land held under lease was growing in the course of the

sixteenth, and still more in the course of the seventeenth, century, and

its growth is an extremely important movement, of which something will

be said later. But it seems true to say that, down to the end of the

sixteenth century, both in numbers and payments, though not in prestige

and influence, the customary tenants, as distinct from the freeholders

and leaseholders, were by far the most important class in the

agricultural life of the country.

[87] See below, pp. 200?-213 and 283?-287.

[88] _Oxford Studies in Social and Legal History_, vol. i.

Savine, _English Monasteries on the Eve of the Dissolution_, pp.

156?-159.

Among the customary tenants, however, there are certain important

subdivisions. There are in the first place, differences of legal status.

Though villeinage by blood had been disappearing rapidly for several

generations, partly through manumission on payment of a fine to the

lord, partly through the absorption of migrating villeins into the

growing industries of the towns, a certain number of villeins by blood

lingered on into the sixteenth century. Dr. Savine[89] has estimated

that there were at least as many as 500 villein families in 1485, and as

many as 250 in the reign of Elizabeth; and the fact that they occur

occasionally on our Norfolk[90] manors, and rather more often on those

in Wiltshire[91] and Somersetshire, suggests that his list could be

considerably extended on further investigation. Even in 1561 a borough

surrenders an apprentice on the ground that he is a runaway villein.[92]

Even in 1568 it is worth while in leasing[93] a manor to a farmer for

the lord to reserve to himself the villeins upon it, together with other

forms of property like quarries and advowsons.

[89] _Trans. Royal Hist. Soc._, vol. xvii.

[90] R.O. _Misc. Bks. Land Rev._, vol. 220, fol. 220, Brisingham

(Norfolk) 1589: "Alice Bartram, the widow of W. Bartram, the

lord's villain by blood, took by surrender of said William for

term of life on 4 Feby., remainder to Roger Bartram, lord's

villain by blood." Holkham MSS., Titleshall Documents, Terrier

of Godwick, 1508: "Also five roods of the Prior in the hands of

Thomas Frend, native."

[91] Among the 742 customary tenants on the manors belonging to

the Earl of Pembroke surveyed in 1568 there appears to be 7

_nativi domini, i.e._ villeins by blood, viz., 1 at Washerne

(Wilts), 2 at Stooke Trister and Cucklington (Somerset), 4 at

Chedeseye (Somerset), of whom one has been manumitted.

[92] _Selected Records of Norwich_ (Tingey), vol. vi. p. 180:

"Robert Ryngwoode brought in a certain indenture wherein Lewis

Lowth was [bound] to hym to serve as a prentys for seven years.

And Mr. John Holdiche cam before the Mayor and other Justices

and declared that the said Lewis is a bondman to my lord of

Norfolk's Grace, and further that he was brought up in husbandry

untyl he was xx year old. Whereupon he was discharged of his

service."

Note the way in which Statute law is used to compel the

agricultural labour which the vanishing jurisdiction of lord

over serf is ceasing to be able to enforce.

[93] Roxburghe Club, _Surveys of Manors of William, First Earl

of Pembroke_, Manor of Chilmerke: "Johannes Reve tenet per

indenturam totum illud capitale messuagium excepta et omnino

reservata omnia wardas, maritagia fines ... nativos," &c.

One cannot, therefore, take the almost sanctimonious abhorrence of

bondage expressed by the writers of the period quite at its face value.

On the other hand, though villeinage by blood was still worth recording,

since it offered an impecunious lord an opportunity for arbitrary

taxation, and still sufficiently irksome for the rebels under Ket[94]

(influenced perhaps by some dim memory of the German peasants'

programme) to set its abolition among their demands, its practical

importance was slight, and it was quite compatible with a good deal of

prosperity on the part of those who were legally bondmen. How completely

out of date it was by the middle of the sixteenth century is best shown

by some of the cases in which attempts were made to enforce it. When the

Earl of Bath[95] seizes £400 from a family on the ground that the

members are his villeins, and is pursued by them for nine years from

one court to another, or when a lord[96] of a manor is compelled by a

royal commission appointed for the purpose of investigating the matter,

to repay the value of the beast taken from a man who is proved by the

court rolls to be his villein, and the latter, having received it back,

declines to stop proceedings unless he be paid heavy compensation in

addition, one must see rather a proof of the practical disappearance of

villeinage than of its survival. Its occasional enforcement is clearly

regarded as something outrageous; it is a freak of arbitrary despotism,

which has hardly more historical significance than the seizure of the

Derby winner as a copyhold heriot would have at the present day. Public

opinion, even the opinion of those engaged in estate management,

condemns such attempts unreservedly, and when they come to the ears of

the authorities they strain the law on the side of the bondmen.

[94] Russell, _Ket's Rebellion in Norfolk_, p. 49: "We pray that

all bond men may be made free, for God made all free with his

precious blood shedding." The German peasants in the articles

drawn up at Memmingen in 1525 demanded the abolition of serfdom

"since Christ hath purchased and redeemed us all with his

precious blood." The Christian appeal is a common one; see

below.

[95] Selden Society, _Select Cases in the Court of Requests_,

John Burde and another v. The Earl of Bath. The quarrel dragged

on from 1535 to 1544, when the plaintiff's goods were restored.

(In 1551, however, when all bad landlords were raising their

heads, his house and cattle were again seized.)

[96] _Ibid._, Netheway _v._ George, 1534. For other cases see

Selden Society, _Select Cases in the Court of Star Chamber_.

Carter _v._ Abbot of Malmesbury (vol. i., 1500), and Selby _v._

Middlemore (vol. ii., 1516-1522). Mr. Leadam's remarks (int.

cxxix.) show that a man who was legally a villein might be

economically very prosperous: "Thomas Carter ... was charged 40

marks for his enfranchisement. He kept a man-servant. He rode on

horseback. He gave a feast to celebrate his freedom. He was even

on friendly terms with the gentlemen of the Abbot's household."

See also Savine, _Trans. Royal Hist. Soc._, vol. xvii. Lord

Stafford actually tried to seize the Mayor of Bristol and his

brother as bondmen!

This change from servile to free labour, begun some two centuries

before, and virtually completed in the reign of Elizabeth, is a high

landmark in the development both of economic and political society. It

is a long step towards modern industrialism on the one hand and the

modern all-inclusive state on the other. By sapping the organisation of

society on the basis of tenure, and thus making room for the more

elastic relationships of the wage-contract, it prepared the way for new

methods of production and for the growth of new centres of economic

power. The refusal of the courts to allow that the lord of a manor had,

_qua_ lord, a theoretical right to dispose of the persons and chattels

of his unfree tenants, meant the final triumph of the common law in

regions with which for four centuries after the Norman Conquest it had

not dared to interfere. Henceforward, while the German peasant is driven

afield to gather snails and wild strawberries for his lord, is plundered

and harried and tortured without hope of redress, his English brother

is a member of a society in which there is, nominally at least, one law

for all men. His liberty may be more in shadow than in substance, yet

the shadow is itself an earnest of greater things. To us who know the

misery of many of the poorer classes in the sixteenth century the boast

that "if any slaves or bondmen come here from other realms, so soon as

they set foot on land they became so free of condition as their

masters," may read like a bitter mockery. But it is something that the

boast should be made, and when England is confronted with the greatest

moral issue of the modern world, that boast will stand her in good

stead.[97] She owes some acknowledgment to the nameless serfs who fled

from farm and homestead, till villeinage, in spite of the law, bled

gradually to death.

[97] Hargreave's speech in Somersett's case (1771-1772, Howell,

_State Trials_, xx.) is based largely on precedents drawn from

villeinage: "Though villeinage itself is obsolete ... those

rules, by which the claim of it was regulated, are not yet

buried in oblivion.... By a strange progress of human affairs

the memory of slavery expired now furnishes one of the chief

obstacles to slavery attempted to be revived.... The law of

England, then, excludes every slavery not commencing in England,

every slavery, though commencing there, not being ancient and

immemorial. Villeinage is the only slavery which can possibly

answer to such a description, and that has long expired by the

death or emancipation of all those who were once the objects of

it. Consequently there is now no slavery which can be lawful in

England."

Having said so much we must hasten to guard ourselves, by adding that

the final disappearance of serfdom in this country neither involved any

radical conversion of opinion, nor prevented the classes who depended

solely on their labour from being, on occasion, cruelly oppressed. It

would be a mistake to see in the attitude of the governing classes

towards villeinage a symptom of humanitarian feeling for the rights of a

helpless class, such as prompted the emancipation movement of the last

century. How little humanitarianism influenced economic policy in

relation to those who were too powerless to be dangerous, is shown by

the sanguinary statutes relating to the destitute, and in particular by

the extraordinary legalisation of slavery in the Act[98] of 1547, by

which a confirmed vagrant might, when captured, be made a bondman for

life. Nor must we think of the disappearance of legalised serfdom as

effecting a great improvement in the lot of the ordinary wage-worker.

Those who benefited by it were not so much the workers for wages, as the

landholding peasants. The wage-labourer, who was tied to his parish by

the Statute of Artificers almost as completely as the serf had been by

the custom of the manor, can hardly have seen much difference between

the restrictions on his movement imposed by the Justices of the Peace

and those laid on him by the manorial authorities, except indeed that

the latter, being limited to the area of a single village, had been more

easy to evade.

[98] 1 Ed. VI., c. 3. Possibly, however, the penalty of bondage

was regarded as a step towards greater leniency, as the

punishment of "incorrigible rogues" had hitherto been death.

Even if we confine our attention to the landholding peasants, to whom

the advantage (for they were quick to seize it) was certainly real

enough, we may doubt whether they did not lose almost as much by the

intrusion into agriculture of competitive commercial forces as they

gained by the final disappearance of a claim which had always been held

in check by the custom of the manor, and which, since the ravages of the

Great Plague, had been steadily circumscribed by commutation. The truth

is that the sharp antithesis drawn by modern commercial societies

between serfs and the free labourers on whose slowly straightening backs

our civilisation is uneasily poised, and emphasised as though it marked

a line between hopeless oppression and unqualified liberty, requires to

be supplemented by categories derived from a wider and more tragic range

of experience than was open to our forefathers. There are more ways of

living "at the will of a lord" than were known to Glanvill and Bracton,

and the utility of the contrast in the sphere of legal analysis does not

save it from being but a thin abstraction of the countless forms of

tyranny which spring from the world-old power of one human being to use

another as his tool. That dependence on the uncontrolled caprice of a

master whom one hates to obey and dare not abandon, which, by whatever

draperies it may be veiled, is still the bitter core of serfdom,[99] is

compatible with the most diverse legal arrangements; with wage labour

as with forced services, with tenure by a competitive money rent as well

as with tenure by personal obligations, with freedom of contract as well

as with inherited status, with protection by the national courts as well

as with its absence.

[99] More's remarks on the lot of the wage-workers of his day

have a refreshing note of reality. The Utopians are "not to be

wearied from earlie in the morning to late in the evenninge with

continuall worke, like labouringe and toylinge beastes. For this

is worse then the miserable and wretched condition of bondemen.

Whiche nevertheless is almooste everywhere the lyfe of workemen

and artificers, saving in Utopia" (More, _Utopia_, Pitt Press

Edition, pp. 79?-80).

When we turn over the pages in which the writers of the sixteenth

century declare that bondage is contrary to "the Christian religion

which maketh us all in Christ breathren, and in respect of God and

Christ _conservos_,"[100] and congratulate themselves on its

disappearance, we must not doubt their sincerity, but we may envy their

inexperience. We must remember that a condemnation of villeinage was

quite compatible with a policy of great severity towards the

wage-labourer, and was in fact not unconnected with it, since the latter

had almost everywhere stepped into places and functions formally held by

the bondman. Villeinage disappeared in England earlier than on the

continent of Europe, not for the ethical reasons given by Fitzherbert

and Smith and Norden, but because the growth of a commercial

organisation of agriculture had made its maintenance both useless and

impossible. The intellectual conversion did little more than follow on

the economic change to make a virtue of necessity. The personal

rightlessness of the villein and the hateful incidents of villeinage,

such as chevage, merchet, and leyrwite, had had their utility in the

fact that they kept him at the disposal of the manorial authorities as

an instrument of agriculture. With the substitution of hired labour for

the cultivation of the demesne by the services of bond tenants, their

maintenance lost its attractiveness. No employer wants to retain a

permanent staff, if there are "hands" whom he can take on and put off at

pleasure. Villeinage ceases but the Poor Laws begin.

[100] Smith, _De Republica Anglorum_, Lib. III., ch. 8. See also

Fitzherbert, _Surveying_ (1539): "How be it, in some places the

bondmen continue as yet, the which me seemeth is the greatest

inconvenience that now is suffered by the law." Norden, _The

Surveyor's Dialogue_ (1608): "Which kinde of service and

slavery, thanks be to God, is in most places of this Realme

quite abolished and worne out of memory.... Truly I think it is

a Christian parte so to do [_i.e._ manumit bondsmen], for seeing

we be nowe all as the children of one father, the servants of

one God, and the subjects of one king, it is very uncharitable

to retain our brethren in bondage, sith, when we were all bond,

Christ did make us free."

Much more important than this difference of legal status are

differences in the tenure by which customary tenants hold their lands.

Under the name of customary tenants are grouped together all holders of

lands which pass by surrender and admission in the court of the manor,

and which are subject to the custom of the manor as evidenced by the

records of the court. But not all these lands are held by exactly the

same title. Some are held by copy of court roll according to the custom

of the manor, on the terms set out on a copy of the entry of admission.

Others are held without a documentary title, and are often said to be

occupied at the will of the lord, or at the pleasure of the lord, or by

grant or permission of the lord or of the court, their essential feature

being that the tenant does not possess any instrument recording the

transaction, but has, if necessary, to appeal to the records of the

court or even to its mere memory.

One must hasten to add, however, that these classes are not mutually

exclusive. A copyholder is a tenant at will, though qualified by the

addition of the words "by copy of court roll according to the custom of

the manor." It not seldom happens that in rentals and surveys he is

simply described as a tenant at will, and that the fact that he has a

copy is not recorded. A tenant at will is usually (though not always) a

customary tenant, and, when he is, he can appeal to the custom with as

good a right as a copyholder, though of course the fact that his title

is not in his own keeping may prejudice him if the manorial authorities

want to get rid of him. "All[101] copyhold land," it was said, "is

commonly customary, but all customary land is not copyhold," and one may

accept the statement with the reservation that "commonly" must not be

taken to mean "always," for it is quite usual in parts of England for

land which by no stretch of imagination can be called customary land,

for example, part of the lord's demesne, to be let by copy of court

roll. The fact that "tenant at will" was sometimes used as a compendious

phrase for "copyholder," and that both are sometimes described simply as

"customary tenants" without further definitions, makes it impossible to

offer any accurate estimate of the relative number of those holding by

copy and those holding at will. It may, however, be of interest to give

an analysis of the entries as they appear in a group of manorial

documents. It is as follows[102]:--

TABLE III

+------------------------------+-----+---------+----------+----------+

| |Total| "Copy- |"Customary|"Tenants |

| | |holders."| Tenants."| at Will."|

+------------------------------+-----+---------+----------+----------+

| | | | | |

|Northumberland | 436 | 362 | 45 | 29 |

|Lancashire | 451 | 295 | 156 | ... |

|Staffordshire | 272 | 170 | ... | 102 |

|Leicestershire | 311 | 157 | ... | 154 |

|Northamptonshire | 355 | 253 | 931 | 91 |

|Norfolk | 596 | 536 | 45 | 15 |

|Suffolk | 146 | 53 | 82 | 11 |

|Wilts and Somerset | 817 | 786 | ... | 31 |

|Hampshire | 251 | 251 | ... | ... |

|Ten other manors in the south | | | | |

| of England | 158 | 87 | 45 | 26 |

+------------------------------+-----+---------+----------+----------+

| Total |3793 | 2950 | 466 | 377 |

+------------------------------+-----+---------+----------+----------+

[101] Norden, _The Surveyor's Dialogue_. He continues: "For in

some places of this Realme Tennants have no copies at all of

their lands or tenements, or anything to show for that they

hold, but there is an entry made in the Court Books, and that is

their evidence."

[102] See Appendix II.

These figures, one must repeat, are merely a summary of the entries in

surveys and rentals. Probably they underestimate the number of

copyholders, as we know that copyholders were sometimes entered as

tenants at will or as customary tenants for the sake of brevity, while

it is not probable that tenants at will who had not got copies were

often written down as copyholders. One may suspect that this, rather

than any difference of custom, is the explanation of the relatively

small number of those who are returned as copyholders in Lancashire,

Staffordshire, Leicestershire, and Suffolk. Still, these figures do show

the enormous preponderance of copyholders among the customary tenants,

and show it all the more certainly if the number of copyholders is to be

taken, as is probable, as the minimum. And this agrees with what we know

from the incidental references of the writers of the time. Of 1000

tenants on the great ecclesiastical manor of Scrooby in Nottinghamshire

"the most part" were said by Archbishop[103] Sandys in 1582 to be

copyholders. Harrison[104] in 1587 spoke of copyholders as those "by

whom the greatest part of the realm doth stand and is maintained." At

the beginning of the seventeenth century Coke[105] could say that the

third part of England consisted of copyhold. Copyholders, it is true,

are far from being all of one type; for the essence of their tenure is

that it depends on the custom of the manor which varies from place to

place, and when we come to consider how far they have security against

eviction these differences are of crucial importance. Still, in spite of

the varieties of copyhold tenure, it is useful to know that to the bulk

of the population in the sixteenth century landholding meant holding by

copy of court roll according to the custom of the manor. No account of

the agrarian changes can stand for a moment which does not give full

weight to the fact that, in most parts of England, the copyholders

greatly outnumber all other classes of tenants.

[103] Archbishop Sandys to Queen Elizabeth, Saturday 24 November

to 4 December, 1582 (quoted by E. Arber, _The Story of the

Pilgrim Fathers_, pp. 61-?64).

[104] Harrison in _Elizabethan England_ (Withington), p. 120.

[105] Quoted by Nasse, _The Land Community of the Middle Ages_

(Ouvry's trans.). I have not been able to trace the reference.

The numerical predominance of the customary tenants and among those of

the copyholders, together with the disastrous effects upon them which

are ascribed by most of our authorities to the agrarian changes of the

sixteenth century, makes a somewhat detailed examination of their

position essential. In particular it is important to try to bridge the

gap between the agricultural system of the sixteenth and that of the

thirteenth and fourteenth centuries, out of which it emerged, and of

which it continued to bear unmistakable traces. The problem is really a

twofold one, partly legal and partly economic. First, what was the legal

nature of copyhold tenure, and how did it arise out of mediæval

villeinage? Secondly, there is the question, which for us is more

important, of the type of agriculture which prevailed among the mass of

the people. The economist wants to know whether the customary tenants

were large cultivators or small, whether they included considerable

capitalists and mere cottagers or whether their holdings were of a

fairly uniform pattern, whether they farmed mainly for subsistence or

for the market, whether they lived entirely by tillage or were pasture

farmers as well, whether they were tied down by custom or showed any

signs of being influenced by the agricultural innovations of our period.

Of these two questions the first has been investigated much more

thoroughly than the second. We shall return to it later in considering

how far the copyholder had security of tenure, and enjoyed legal

protection against the lord who wished to evict him. But we may say at

once that we accept in substance the argument of those who hold that

most copyholders are the descendants of villeins holding villein land,

that copyhold tenure is, in fact, villein tenure to which the courts

from the end of the fourteenth century have gradually extended their

protection, and that the puzzling differences between the position of

one group of copyholders and another are due to differences in manorial

custom which were followed and upheld by the courts. This not only is

the traditional view, in the sense of being that which is implied in the

insistence of contemporaries that copyhold originated in base tenure,

and that copyholders were tenants "whom the favourable hand of time hath

much enfranchised,"[106] but also seems to be that which best fits the

situation of the copyholder as we find it in the sixteenth century.

[106] Norden, _The Surveyor's Dialogue_.

This line of development is suggested, though it is not proved, by the

mere preponderance of copyholders. In looking for the antecedents of so

numerous and widely spread a class we can only find them in the tenure

of the mass of the people in the thirteenth and fourteenth centuries,

that is in villein tenure. Further, we do not find in villein tenure any

such fundamental distinction between customary tenure which was

protected and base tenure which was not, as has been sometimes

postulated as an explanation of the qualified legal security possessed

by copyholders 200 years later. On the contrary, the tenure of the

villeins is marked by the same variety of customary conditions as

appears in that of the copyholders, with the difference that, when once

copyhold has taken root, these customs are enforced by the courts. The

same conclusion is borne out by the survival of ancient formulæ among

the terms by which the conditions of the copyholders are recorded in

the surveys. It is quite common for copyholders in the sixteenth century

to be described as occupying "bond"[107] or "native" land; sometimes one

finds a whole list of them set down under the rubric "holding[108]

native lands by copy of court roll." The last thing, of course, which

occurred to the writer of these entries was any legal theory as to the

origin of copyhold tenure. All he was concerned to do was to describe

the holdings in the way which was most precise and left least room for

possible disputes. Clearly, he must have had it in his mind that lands

which in his day were let by copy of court roll were lands which were

known generally in the village as bond lands, and which in earlier

documents were described as being occupied in villeinage.

[107] _E.g._, R.O. Rentals and Surveys Gen. Ser., Portf. 27, No.

32, Dunstall (Suffolk): "Bond land held by copy of court roll,

13s. 4d. Of holders of 3 bond pightells, 5s. 4d." MSS. of Earl

of Leicester at Holkham, Tittleshall Books, No. 62, Langham Hall

(Norfolk): "Redditus assissæ native tenentium. ... John Rose per

copiam, 4d." R.O. Rentals and Surveys Gen. Ser. Portf. 14, No.

70, Barton (Staffs.): "T. Collinson 1 messuage 1/4 virgate land

de bond ... by copy 2 Hen. viii."

[108] MSS. of Earl of Leicester at Holkham, Billingford and

Bintry MSS., No. 9, Foxley: "Native tenentium per copiam rotuli

curiæ."

One may approach the question in another way, by looking at the

circumstances of those exceptional manors on which the tenants at will

are more numerous than the copyholders, and which are instructive just

because they represent a variation from the general type. A case in

point is the Manor of Knyghton in Wiltshire. On the majority of the

manors held in that county by the Earl of Pembroke the copyholders are

far the most numerous class, and on some they are the only class, among

the customary tenants. At Knyghton,[109] however, there are no

copyholders; all the customary tenants hold at the will of the lord, and

when one examines the position and methods of agriculture more closely,

one finds that they display several signs of being in other respects

more antiquated and conservative than is the case in other parts of the

same country; for example, all the holdings are either virgates of

twenty-four acres or some fraction and multiple of a virgate, which is

not at all common on other Wiltshire manors, and implies an unusual

approximation to the conditions of the peasantry two centuries before.

Is it unreasonable to conclude that this is a case of arrested

development, and that Knyghton is a manor on which the tenants at will

have never turned into copyholders, because for one reason or another it

has lain outside the main stream of agricultural development?

[109] Roxburghe Club, _Surveys of Manors of William, First Earl

of Pembroke_.

The connection with copyhold tenure of some of the characteristic

obligations and disabilities of villeinage points in the same direction.

In spite of the general commutation of services into money payments,

which Mr. Page's statistics show to have taken place before the middle

of the fifteenth century, one still finds the attenuated records of

labour rents surviving for many generations after the direct management

of the demesne by manorial officials has been abandoned, and passing

with the rest of the farm equipment to the farmer who takes it on lease.

In Norfolk and Suffolk they seem indeed to have disappeared almost

altogether, which is what one would expect in view of the fact that

those counties were the Lancashire and West Riding of the period, and no

doubt, even when labour services were still exacted, the farmer relied

mainly upon hired labour. But it would be a mistake to regard the

tenants' works as everywhere so trifling as to be of no economic

importance. Often, it is true, they are inconsiderable. At South

Newton,[110] for example, though the uncertainty which had been one of

the marks of villeinage still survived among the copyholders in the

shape of the duty of "gift carriage," the transport of such timber as

was wanted to the lord's house at Wilton, the purely agricultural

services were unimportant, and the tenants of every yardland had only to

mow the farmer's meadow and to carry his hay. At Cuxham,[111] in

Oxfordshire, on the other hand, the authorities were still getting

twenty-eight boonworks in autumn from the copyholders at the end of the

fifteenth century. On a Northumbrian[112] manor belonging to Tynemouth

Priory down to the dissolution of the monasteries "every tenant did lead

to the castle in the prior's time one load of hay, mow three several

dayworks of hay, rake one daywork and sheare three severall dayworks in

the corn in harvest every year." At Washerne,[113] in Wiltshire, the

copyhold tenants' labours were in 1568 still quite an important affair:

each holder of one virgate of twenty acres "shall plough three half

acres for the lord's winter seed and shall harrow them, and also the

aforesaid tenants shall wash and shear the lord's sheep ... and further

each of them shall mow one acre of meadow ... and gather hay thence and

prepare it.... Each of the said tenants shall reap one acre of wheat and

he must bind the crop and carry it. Also each of them shall reap one

acre of barley." On a Lancashire[114] manor in 1628 every plough hand is

obliged to do two days' work in the year with a team on the demesne, and

two days with a labourer. Such elaborate obligations as appears at

Washerne are, it is true, the exception. But they show that in the

middle of the sixteenth century there were still backwaters where the

remnants of agricultural services were a not inconsiderable burden; and

if their comparative lightness marks the progress from villeinage to a

wage system, their survival as clearly shows that villeinage was the pit

from which copyhold tenure was digged.

[110] Roxburghe Club, _Surveys of Manors of William, First Earl

of Pembroke_.

[111] Merton Documents, 5902.

[112] _Northumberland County History_, vol. viii., p. 220 (one

may add that in parts of Northumberland the labourers are still

called "bondagers"; Mr. Clay tells me that in the Calder valley

farmers still use "daywork" as a unit for measuring fields). See

also _Calendar of Proceedings in Chancery, temp. Eliz._, D. d.

2, 44, for a suit by a farmer to recover services due from

tenants.

[113] Pembroke Surveys.

[114] _Chetham Society Miscellanies_, vol. iii.

More striking still, perhaps, is the persistence of disabilities of

another kind. The old marks of personal bondage, chevage, merchet,

leyrwite, liability to tallage, and the rest have almost disappeared.

But traces of them are still found clinging to the copyhold tenants.

Copyholders pay a fixed sum to be free of tallages.[115] They pay salt

silver instead of the salt with which they had once been obliged to toil

to the lord's manor-house; they are forced to act as the lord's reeve,

and collect his rents, heriots, and strays. In one curious instance one

finds something very like a tallage[116] being taken at the beginning

of the seventeenth century, though of course that is not what it is

called. The tenants are simply collected and told that they must help

the lord to pay for an estate which he has bought, by giving him three

years' rent apiece, that, if they do, no more gifts will be demanded

during his lifetime, and that, if they do not, he will refuse to renew

holdings as they fall in. Even merchet, the most hateful of all the

incidents of villeinage, is something more than a mere memory. As late

as 1620 the tenants of Holt[117] in Denbighshire thought it worth while

to point out to the crown surveyor that "they are freed from payment of

any sum of money upon the marriage of their daughters," and even in 1654

Leyrwite and childwite were still being paid by the heiresses of

copyhold tenants on some of the Warwickshire[118] manors.

[115] Pembroke Surveys, Estoverton and Phipheld: "Tenentes de

Estoverton reddunt annuatim pro pannagio et tallagio ... ivs."

For salt silver, _ibid._, South Newton. For liability to serve

as Reeve, _ibid._, Paynton.

[116] _Chetham Society Miscellanies_, vol. iii.: "I would wish

you to call the tenants first all together and to signify unto

them that my father and I have gone through with Mr. Ireland for

Warrington, and the summe we are to give is above £7000; and

this was done making no doubt that towards it every one of them

being tenants would by their assistance enable us to finish

it.... If they faile in this, they may provoke us to sharp

courses, especially mee, who have had a purpose to take the

third part of every living as it falls."

[117] Wrexham Free Library, _Ancient Local Records_, vol. ii.

MS. transcript by A.N. Palmer, "Survey of the Town and Liberty

of Holt."

[118] Savine, _Quarterly Journal of Economics_, vol. xix.

It will not, therefore, be surprising to find that the humble origin of

copyhold tenure has left marks upon it in other ways as well, and, in

particular, that though the copyholder is not without legal protection

when the lord tries to get rid of him, that protection is often of a

somewhat shadowy and ineffective kind. His title is a customary one, and

mighty as custom still is, it has for centuries been growing gradually

weaker. Its weakening is at once an advantage and a disadvantage to the

peasantry. It relieves them of odious obligations and leaves them

greater room to push their fortunes. It lowers a protecting barrier and

exposes them to the dissolving forces of competition.

CHAPTER II

THE PEASANTRY

(a) _The Variety of Conditions_

When one turns from what legal historians have said on the origin and

development of copyhold tenure to consider the economic position of this

class of tenants, one finds oneself in a region of much greater

uncertainty. The legal historian may speak of the copyholders as

constituting, in spite of minor differences, a fairly well-defined

class. The economic historian cannot. He finds, on the contrary, the

widest difference between the economic conditions of tenants holding

their land by copy of court roll, not only, as would be expected, in

different parts of the country, but on the same manor. In the thirteenth

century to say that a man is a villein tells us something at least about

his economic position, at any rate when the general features of the

manor on which he is a villein are known. He will probably have a

standard holding of a virgate or half-virgate; he will have rights in

the common meadow land and in the common waste; he will do work on the

lord's demesne. In the sixteenth century tenure is no clue to economic

status, and to say that a man is a copyhold tenant tells us nothing at

all about the extent of his holding or the sort of husbandry which he

pursues. The vast majority of copyhold tenants are peasants, men who

make a toilsome living from their land with the help of their families

and a few hired servants. But in England by our period the line between

class and class has ceased to coincide with differences of title; if

copyhold tenure is born of a humble stock, yet it has risen so much in

the world that the upper classes are not ashamed to hold out a hand to

welcome it; and among copyholders are found the names not only of many

small freeholders, but also of gentlemen and knights.[119]

[119] _Crondal Records_, edited by Baigent, Part I., p. 159; the

Crondal customary of 1567. Among the copyholders appears a

knight and four gentlemen.

Among the peasants who form the bulk of the population there is, again,

the greatest diversity. Sometimes the copyholders are simply emancipated

villeins, who have commuted most of their services, and who hold by copy

instead of at the will of the lord, but whose economic condition has

hardly changed at all. Thus in Northumberland[120] the holdings of the

copyholders on several manors reflect very accurately the distribution

of land between the bondage tenants in the thirteenth and fourteenth

centuries; the holdings have grown slightly in size, but they have

apparently a more or less continuous individual existence from the

earliest times. In parts of Wiltshire,[121] on the other hand, though

not in all parts, there is no possibility of establishing any connection

between the virgate and semi-virgate of the fourteenth century villeins

and the acreage held by the copyholders two hundred and fifty years

later; both in size and number the holdings are markedly different. In

Norfolk and Suffolk ancient class divisions have often been obliterated

altogether, and bond and free lands are interlaced in the holdings of

the customary tenants in quite inextricable confusion.

[120] _Northumberland County History, e.g._ Surveys of High

Buston (vol. v. p. 208); Acklington (vol. v. p. 372); Birling

(vol. v. p. 201), and figures of eight townships in

Tynemouthshire, vol. viii. p. 230.

[121] Roxburghe Club, _Surveys of the Lands of William, First

Earl of Pembroke_.

Again, there is the greatest variety in the methods of agriculture.[122]

Everywhere among the copyhold tenancies arable land predominates to an

extent which is in marked contrast to the frequent preponderance of

pasture land on many of the demesne farms. But to some tillage seems to

be their sole livelihood, while others are very considerable

sheep-farmers. Some are cultivators on quite a big scale, well outside

the Board of Agriculture's interpretation of a "small-holder" to-day,

with 80, 90, 100, or even 200 acres of land. Often they are better off

economically than many freeholders, and when Harrison and Sir Thomas

Smith classify[123] copyholders in general with "day labourers and poor

husbandmen," they must surely have been either speaking loosely, or else

thinking not of their economic but of their legal position. But others

hold only 5, 10, 15, or 20 acres, so that arithmetical averages of the

size of their holdings are very little guide to the real distribution of

land. Yet it would not be true to say that such inequality is universal,

for in the same county one finds some manors on which the holdings seem

all to be cut to a regular standard pattern, and others where the

variety of size is almost infinite, while in the North striking

divergences of area seem to be as much the exception as they are the

rule in the South and the East. On some manors, again, the copyhold

tenants have enclosed land and hold much in severalty; on others nearly

all of it lies in the open fields. Some have extensive rights of common,

while on other manors such rights are non-existent, or are too

insignificant to be recorded by surveyors.

[122] See below, pp. 105-115.

[123] Smith, _De Republica Anglorum_, Lib. I., c. 24. Harrison,

_Elizabethan England_ (edited by Withington), p. 13.

In fact the impression given by the surveys is that of a condition of

things which is very far from being stationary, but in which, on the

contrary, much shifting of property and many changes in the methods of

cultivation have been going on, and in which the legal position of the

peasants is no guide at all to their economic characteristics. The task

of finding a manor to serve as a pattern and standard for the rest,

which is hard enough in the thirteenth century, is a sheer impossibility

in the sixteenth, and the student works with a deep sense of the danger

of sacrificing fidelity to simplicity of statement.

(b) _The Consolidation of Peasant Holdings_

But difficult as it is to reduce to any order the very diverse economic

conditions of the customary tenants at the beginning of the sixteenth

century, the task, at any rate in outline, has got to be faced. And this

involves a short account of movements which take us some way back into

the Middle Ages. No one can understand the contrast between the

conditions of the Irish peasantry in 1850 and their condition to-day

without knowing something of the agencies which have been at work in the

interval, of the Fair Rent Courts, the Congested Districts Board, and

the Land Purchase Acts; no one can appreciate the changes which are

taking place in rural France without having taken at any rate a glance

at the position of the peasantry before the Revolution, and at the Code

Napoleon. Certainly the substantial alteration which overtook agrarian

relationships in many parts of England between 1500 and 1640 is

unintelligible if it is regarded as a wave suddenly appearing in a calm

sea, a revolution by means of which commercial relationships of

sometimes an almost modern elasticity developed quite rapidly in village

communities of an almost mediæval immobility. To understand the agrarian

problem of the sixteenth century we must know the sort of framework on

which the new forces worked, and the sort of tendencies of which they

were the continuation.

Moreover, the history with which we are concerned is primarily the

history of the peasants as landholders, and only secondarily the history

of their personal condition. Generalisations about the disappearance of

villeinage and the substitution of hired labour for the working out of

rents in labour services do not help us much here. Speaking broadly, it

is no doubt true that, in spite of the survival of many vestiges of the

old order, wage-labourers are as normally the means of cultivating the

demesne at the end of the fifteenth century as servile tenants are at

the end of the thirteenth. But significant as this change is for the

history of the wage-earning classes, it does not by itself seem to throw

much light on the characteristic features of the sixteenth century

problem, the substitution of large tenancies for small, the displacement

of small holders, and the undermining of the customary routine of the

open field village. Certainly the two movements are connected; equally

certainly that connection is not a direct or obvious one. The change in

the personal condition of the peasantry is not by itself the key to

changes in the use and distribution of property. Why should it be? In

Prussia the abolition[124] of villein services in 1807 was carried out

by a decree which had as its object not a diminution, but an increase,

in the number of small tenants; and it is not self-evident that an

alteration in the method of cultivating the lord's demesne must have

produced changes in the disposition of the customary holdings in

fifteenth and sixteenth century England.

[124] Edict of October 9, 1807, Clauses 10, 11, 12. See Cobden

Club, _Systems of Land Tenure in Various Countries_: Morier's

Essay on Germany.

The very variety in the economic conditions of the peasantry which makes

generalisation so difficult is, however, itself a significant feature,

because it is in marked contrast with the comparative uniformity which

existed among great masses of them in the thirteenth and fourteenth

centuries. It suggests that even in agriculture custom has to some

extent been broken down by commercial enterprise, and that commercial

enterprise has had the natural result of accentuating inequality in the

possession of property. It warns a student of the agrarian changes of

the sixteenth century that he has not only to explain the way in which

the small cultivator lost ground then before the large estate, but also

how it was that his economic position differed in many cases so much

from that of the villein of two hundred years before, and that it may

very well be that the answer to the latter question will throw light

upon the former.

Let us put ourselves in the position of a jury catechising some "aged

man" about the year 1500, catechising him not about boundaries, or

rights of common, or manorial customs, but about the general changes in

the distribution of property in his village. If surveys and court rolls

may be trusted, there is one thing that he could hardly fail to tell us,

and that is that for as long as he can remember there has been a great

deal of buying and selling of land by the customary tenants, a great

many changes in occupancy, and on the whole a tendency for those changes

to result in the concentration of several holdings in fewer and larger

tenancies. "Virgates which in grandfather's time," he would say, "used

to belong to A., B., C., and D. now belong to A. alone. Men who used to

occupy one holding each, now occupy two or three; when they cannot buy

they lease, and some have bought so much that they sublet part of their

holdings to others. Indeed there is not much sense in talking about

virgates or half-virgates at all. Once each of them had a separate

holder; once Durrant's shottes belonged to Durrant, Gunter's mead to

Gunter, Parry's croft to Parry, Hawkins' meade to Hawkins, Woolmer's

lande to Woolmer, Blake's tenement to Blake. To-day, though the old

names remain, they are no guide to the families holding the land.

Frankling has bought Durrant's and Gunter's and Blake's, Vites has

bought Parry's, while Pynnole's and Pope's and Hawkins' and the rest of

Blake's holdings have all passed into the hands of Blackwell."[125]

[125] The instance is taken from a map of the manor of Edgeware

now in the All Souls muniment room. The map was made in 1597.

But many earlier examples can be found of land being known by

the name of one of its early holders, long after it had passed

into the possession of some one else.

One thing at any rate is clear. If frequent changes of occupancy point

to a free land-market, then such a free land-market has existed for a

long time among the customary tenants; and if a keen demand for land

among the peasantry is a proof that small men are thriving, and see

their way to thriving still more by adding to their properties, then

there is a good deal of this healthy land hunger in English villages

before the age of the Tudors. We read to-day of how the French peasant

will pinch himself and his family to add a few acres to his little

estate, and we take it as an indication that small cultivation has a

firm root in France, and that rural life is on the whole enterprising

and prosperous. Certainly such a state of things is in marked contrast

with the stagnation prevailing in the lower ranges of village society in

countries where great estates pass almost intact from generation to

generation between the tall palings of family settlements, with the

small man, who would get land if he could, staring helplessly through

the bars. Now, at any rate in the fifteenth century, England belonged

very markedly to the first type, not to the second; to the type where

there is much buying and selling of land in small plots by small

cultivators, not to the type where land is locked up and rarely comes

into the market, rarely at any rate into a market where it can be bought

by the small peasantry. This mobility of land is of much significance

when we come to consider the breaking down of customary rules before the

forces of competition, and the formation of great estates out of the

holdings of the customary tenants. Let us consider it in more detail,

first from the point of view of the changes in the economic basis of

rural life which it produces, and secondly from the point of view of the

process by which those changes were brought about. We will for the

present leave on one side the demesne farm and the land held on lease,

and look only at the customary land which forms the backbone of the

copyholders' estates.

The first source of information to which we turn consists of the surveys

and rentals, in which the holdings of the tenants are set out in detail.

To those accustomed to the picture of village life contained in the

records of the thirteenth and fourteenth centuries, the surveys of the

fifteenth and sixteenth centuries present certain features which at once

arrest attention. For one thing, there is a much greater inequality

between the holdings of different customary tenants on the same manors

than is usually found among the holdings of virgators and semi-virgators

two centuries before. For another thing, some of their holdings are very

much larger than anything we find belonging to the same class of tenants

at an earlier date; occasionally, indeed, they can only be described as

enormous, running into 150 or 200 acres of land; often they amount to 80

or 90. In the third place, the number of customary tenants is, on the

whole, much smaller than it was 200 years before, and that even on

manors where there has been an increase in the area cultivated by them.

The latter fact is significant, and we shall return to it later. But

before doing so, let us ask the meaning of the growing inequality in the

holdings of the customary tenants and of the great increase in the size

of some among them.

Great as is the variety of conditions visible on a thirteenth century

manor, it is on the whole true to say that this variety usually conforms

to a rough rule or principle. One can find on the same manor families

whose holdings differ very largely in size, from the 25 to 40 acres

occupied by the holder of a virgate, the 12 to 16 acres of a

semi-virgator, to the 2 or 3 acres or less occupied by a cottar. But

normally each individual holds much the same amount of land as other

individuals of the same class; one holder of a virgate has about as much

as another holder of a virgate, one holder of half a virgate about as

much as his fellow, one cottager about as much as another cottager.

There are in fact different grades, but for each grade there is what may

be called a standard area of land, a unit of agrarian organisation, and

though that standard area varies a good deal in different parts of the

country it is usually fairly easy to discover what it is on any one

manor. Outwardly, at any rate, village life is organised, and the

distribution of property is settled in the main by the authority of

custom, rather than by commercial forces acting directly upon the

tenants.

Now after the middle of the fifteenth century it is common to find quite

a different condition of things from this. There are, it is true, manors

where holdings preserve their primitive equality down to the very end of

the sixteenth century, especially manors in backward parts of the

country, where the influence of commerce has been little felt;

especially also manors where the demesne farm, instead of being leased,

has been retained in the hands of the lord. But in the South of England

these are the exception. The rule is that with regard to the area held

by the customary tenants there is no rule at all. On the same manor

copyholders may be cultivating anything from a quarter of a virgate to

two, three, four, or even more virgates; if their holdings are expressed

in acres they may be holding anything from 1 acre to 100 or 150.

Economically, indeed, customary tenants are often not a class at all, if

the essence of a class is common characteristics and a similarity of

economic status, though in the face of certain dangers they will act as

one. On many manors the nature of their tenure is the only common link

between them, and the nature of their tenure is compatible with the

greatest economic variety.

This variety is most noticeable when we examine a large number of manors

one by one, since, when the figures of many different manors are added

together, their distinctive features are liable to be concealed in the

aggregate. Still, to get some idea of the scale on which the peasants

carried on their agriculture, it is perhaps worth examining the

following table[126] of the holdings of 1600 odd customary[127] tenants

on fifty-two manors.

[126] For the sources from which this table is constructed, and

its defects, see Appendix II.

[127] On three small manors I have included some tenants who may

possibly be freeholders or leaseholders.

This table enables us, in the first place, to make a comparison between

the economic positions of groups of tenants in different parts of

England. It will be seen that the "predominant rate"--what we may call

the predominant acreage--varies considerably. In Wiltshire it is between

20 and 25 acres, and, including the next two columns, 36 per cent. of

all the tenants hold something between 20 and 35 acres. In

Northumberland the predominant acreage is between 30 and 35, and nearly

one half the tenants, 41 per cent., hold between 30 and 40 acres.

Elsewhere the most common holding is a good deal smaller. In Lancashire

(if we omit the cottagers, nearly all of whom come from one manor) the

predominant acreage is between 10 and 15 acres, though a great many

persons hold between 5 to 10 acres. In Staffordshire the largest group

of tenants is that holding under 2-1/2 acres, and more than one-half of

them hold less than 10 acres. In Norfolk and Suffolk the same state of

things obtains, but in a more pronounced form. Little emphasis need be

laid on the large number of cottagers there, nearly all of whom are

found on a single semi-urban manor, that of Aylsham. But it is clear

that the mass of the peasantry in those counties are very small holders

indeed. When the cottagers are left on one side, 22 per cent., about

one-fifth, of the landholders have under 2-1/2 acres; 54 per cent., more

than one-half, have under 10 acres. It is fortunate for them that

Norfolk and Suffolk are the home of the woollen industry.

In the second place, let us notice a fact which is more relevant to our

immediate purpose. That fact is the great variety in the scale of

landholding obtaining between different tenants in the same part of the

country. In this matter, again, some counties present a marked contrast

to others. In Northumberland the uniformity in the size of the holdings

of the tenants is much more marked than the variety. About two-thirds

of them appear in the four columns representing holdings from 30 to 50

acres. Only six hold more than 50, and though on one manor there are ten

tenants holding less than 2-1/2 acres, there are, apart from these,

comparatively few holding under 25 acres. On all the manors which have

been examined in this county there is, in fact, a regular standard

holding in the sixteenth century, which varies from 30 to 45 acres on

different manors, but which on the same manor varies hardly at all. But

Northumbrian agriculture is always several generations behind that of

the South and East, and when we turn to Wiltshire, or to East Anglia, or

to the nine manors given at the bottom of the table, we find a condition

of things in which there is much greater irregularity. The line extends

farther at both ends than it does in Northumberland. There are more

individuals and fewer clusters. The grouping of holdings round certain

standard patterns is much less marked. If we look at all the manors

together, we find that the four most populous columns contain almost

exactly one-half (49.1 per cent.) of the whole population, exclusive of

cottagers without land. In Northumberland the corresponding columns

contain two-thirds, in East Anglia, Lancashire, and Staffordshire rather

less, on the nine manors in the South and Midlands about one-half, in

Wiltshire a little over one-third. Again there are more large holders

and more very small holders in the South and East, than there are in

Lancashire and on the Northumbrian border. In Lancashire and

Northumberland 4.4 per cent. of the tenants, exclusive of cottagers,

have holdings of more than 50 acres. In Suffolk and Norfolk the

corresponding figure is 8.5 per cent., in Wiltshire 16.9 per cent., on

the nine other manors 14 per cent.

TABLE IV

--------------------------------------------------------------------------+

30 and under 35 Acres. |

25 and under 30 Acres. | . |

20 and under 25 Acres. | . | . |

15 and under 20 Acres. | . | . | . |

10 and under 15 Acres. | . | . | . | . |

5 and under 10 Acres. | . | . | . | . | . |

2-1/2 and under 5 Acres. | . | . | . | . | . | . |

Under 2-1/2 Acres. | . | . | . | . | . | . | . |

Cottages or Houses with or without . | . | . | . | . | . | . | . | . |

Gardens . | . | . | . | . | . | . | . | . |

Total Number of Tenants. | . | . | . | . | . | . | . | . | . |

|--------------------------------| . | . | . | . | . | . | . | . | . | . |

| | | | | | | | | | | |

| Ten manors in Northumberland | 96| | 10| 1| 2| 1| 3| 1| 12| 27|

| | | | | | | | | | | |

| Four manors in Lancashire | 168| 38| 14| 19| 29| 35| 7| 4| 7| 7|

| | | | | | | | | | | |

| Three manors in Staffordshire | 103| 8| 21| 16| 14| 6| 10| 11| 3| 1|

| | | | | | | | | | | |

| Two manors in Northamptonshire | 255| 30| 53| 24| 22| 22| 13| 22| 5| 10|

| | | | | | | | | | | |

| Three manors in Leicestershire | 129| 13| 17| 6| 6| 8 | 3| 3| 5| 1|

| | | | | | | | | | | |

| Five manors in Suffolk and | | | | | | | | | | |

| eight manors in Norfolk | 391| 52| 77| 40| 69| 28| 26| 19| 14| 5 |

| | | | | | | | | | | |

| Seven manors in Wiltshire and | | | | | | | | | | |

| one manor in Somersetshire | 156| 3| 5| 7| 12| 8| 7| 27| 16| 14|

| | | | | | | | | | | |

| Nine other manors in the South | | | | | | | | | | |

| of England | 366| 23| 58| 27| 52| 29| 31| 16| 22| 12|

+--------------------------------+----+---+---+---+---+---+---+---+---+---+

| Total |1664|167|255|140|206|137|100|103| 84| 77|

+--------------------------------+----+---+---+---+---+---+---+---+---+---+

TABLE IV _(cont'd)_

--------------------------------------------------------------------------+

Uncertain.|

120 and over.| .|

115 and under 120 Acres.| .| .|

110 and under 115 Acres.| .| .| .|

105 and under 110 Acres.| .| .| .| .|

100 and under 105 Acres.| .| .| .| .| .|

95 and under 100 Acres.| .| .| .| .| .| .|

90 and under 95 Acres.| .| .| .| .| .| .| .|

85 and under 90 Acres.| .| .| .| .| .| .| .| .|

80 and under 85 Acres.| .| .| .| .| .| .| .| .| .|

75 and under 80 Acres.| .| .| .| .| .| .| .| .| .| .|

70 and under 75 Acres.| .| .| .| .| .| .| .| .| .| .| .|

65 and under 70 Acres.| .| .| .| .| .| .| .| .| .| .| .| .|

60 and under 65 Acres.| .| .| .| .| .| .| .| .| .| .| .| .| .|

55 and under 60 Acres.| .| .| .| .| .| .| .| .| .| .| .| .| .| .|

50 and under 55 Acres.| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .|

45 and under 50 Acres.| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .|

40 and under 45 Acres.| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .|

35 and under .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .|

40 Acres .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .|

+----------------| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .| .|

|Northumberland |13|10|10| | | 1| 1| 2| 1| | 1| | | | | | | | |

| | | | | | | | | | | | | | | | | | | | |

|Lancashire | 2| | | | 2| | | 1| | | | | | | | | | 1| 2|

| | | | | | | | | | | | | | | | | | | | |

|Staffordshire | 2| 2| 2| 2| | 1| 1| | | | | | | | | | | 1| 2|

| | | | | | | | | | | | | | | | | | | | |

|Northamptonshire| 3| 7| 2| 5| 2| 7| 2| 2| 2| 2| | | | | 2| | | 4|14|

| | | | | | | | | | | | | | | | | | | | |

|Leicestershire |10| 7| 8| 7| 7| 6| 2| 4| 1| 2| 1| 1| 2| | | | 1| 1| 7|

| | | | | | | | | | | | | | | | | | | | |

|Suffolk/Norfolk | 9| 4| 2| 4| 7| 3| 3| 1| 1| 1| 1| | 1| | 2| 1| | 4|17|

| | | | | | | | | | | | | | | | | | | | |

|Wiltshire/ | | | | | | | | | | | | | | | | | | | |

| Somersetshire |10|12| 5| 7| 2| 4| 3| 4| 1| 2| 1| | 2| | | | | | 4|

| | | | | | | | | | | | | | | | | | | | |

|South of England|11|10|13| 3| 6| 7| 6| 3| 5| 4| 4| 1| 2| 4| | 1| 1| 7| 9|

+----------------+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+

| |60|52|42|28|26|29|18|17|11|11| 8| 2| 7| 4| 4| 2| 1|18|55|

+----------------+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+--+

In the non-commercial, non-industrial North there is something like

economic equality, something like the fixed equipment of each group of

tenants with a standard area of land which is one of the first things to

strike us in a mediæval survey, and, as we shall see later, manorial

authorities for a long time insist on that rough equality being

maintained, because any weakening of it would disorganise the

old-fashioned economy which characterises the northern border. In the

industrial East and South this uniformity existed once, but it exists

now no longer. Wiltshire is humming with looms; Norfolk and Suffolk are

linked to the Continent by a thousand commercial ties, and will starve

if the clothiers lose their market. The mighty forces of capital and

competitive industry and foreign trade are beginning to heave in their

sleep--forces that will one day fuse and sunder, exalt and put down,

enrich and impoverish, unpeople populous counties and pour Elizabethan

England into a smoking caldron between the Irish Sea and the Pennines;

forces that at present are so weak that a Clerk of the Market can lead

them and a Justice of the Peace put a hook in their jaws. It is natural

that mediæval conditions of agriculture should survive longest in the

North. It is natural that they should survive least where trade and

industry are most developed, and where men are being linked by other

bonds than those of land tenure. But we must not comment until we have

examined the text more closely. We would only draw attention to the

contrast between the South and the North, to the contrast also between

the great diversity in the size of the peasants' holdings in the

sixteenth century, and the much greater uniformity two or three hundred

years before.

This contrast gives a clue to certain features of village life which are

distinctive of our period, and at the risk of wearying the reader one

may illustrate it from the circumstances of particular manors. At

Cuxham,[128] in 1483, there are, in addition to tiny holdings of a few

acres or of fractions of acres, holdings of one-quarter of a virgate,

of half a virgate, of one virgate, of four virgates. At Ibstone[129] in

the same year there are two tenants at will holding one virgate each,

one tenant holding five tofts and three crofts, while the rest hold

little except cottages and gardens. At Warton[130] in Lancashire, there

are in the reign of Henry VIII., in addition to various holdings

expressed in terms of acres, four holdings of half a bovate, two of

three-quarters of a bovate, seven of one bovate, two of one and a

quarter bovates, four of one and a half bovates, four of two bovates,

one of two and a quarter bovates, one of three bovates. At Barton[131]

in Staffordshire, in 1556, the typical holding is one virgate of 24

acres. But though this forms the nucleus of the copyholders' properties

a good many of them have acquired so much extra land, and a good many

apparently have parted with so much of the land which they once held,

that though 24 acres is still the predominant holding, the majority of

the tenants hold something more or something less than this. At

Byshopeston,[132] in 1567, there are men holding half a virgate, two

virgates, three virgates, four virgates, six virgates. At Knyghton[133]

there are holders of anything from a half to two and a half virgates.

[128] Merton Documents, Rentale de Cuxham (Nos. 5902 and 5905).

[129] Merton Documents, Rentale de Ibston (No. 5902).

[130] R.O. Rental and Surveys, Gen. Ser., Portf. 19, No. 7, f.

79-87.

[131] R.O. Rentals and Surveys, Gen. Ser., Portf. 14, No. 70.

[132] Roxburghe Club, _Surveys of Lands of William, First Earl

of Pembroke_.

[133] _Ibid._

Looking at this grouping of holdings, one is tempted at first sight to

say that the virgate has ceased to be a unit of open field tillage, and

has become merely a common form, an idea which is laid up in the minds

of surveyors, and which is produced automatically, even when it

corresponds to nothing in the fluid world of agriculture. This, however,

would be an error. On the contrary, the conservatism[134] of rural

arrangements is such that yardlands, bovates, virgates, and oxgangs,

continue to do duty in circumstances which seem quite incongruous, and

to be used, not only in theory, but in practice, to apportion rights

over arable, meadow, and pasture, long after holdings have been

redistributed in such a way as altogether to destroy the former equality

of shares. On the Leicestershire manors of Barkby[135] and Kibworth[136]

holdings were set down in terms of yardlands in 1636, though the

condition of things in which a yardland or half yardland formed one

tenant's holding had long since given way to one in which the smaller

holders occupied a few acres and the wealthier 2-1/2, 3, and 3-1/2

yardlands. Still, though the continuance of these measures even into the

eighteenth century should be noted, there is no reason why we should use

them, and the modern reader will perhaps get a better idea of the

growing heterogeneity in the economic conditions of the customary

tenants if the distribution of their property is expressed in terms of

acres.

[134] The inconvenience of reckoning in yardlands is noticed by

a writer in the seventeenth century: "The tax of land is after

the yardland; a name very deceitful by the disproportion and

inequality thereof, the quantity of some one yardland being as

much as one and a halfe or two in the same field, and yet there

is an equality of taxes" (Joseph Lee, _A Vindication of a

Regulated Enclosure_, 1656).

[135] Merton Documents, MS. book labelled Kibworth and Barkby,

1636.

[136] _Ibid._

Our first example comes from Malden[137] in Surrey. It shows on a small

scale the tendency towards concentration of property in larger parcels.

In 1452 there were on that manor one holder of 24 acres, three holders

of 16 acres, two holders of 15 acres, and families holding 10, 8, 6, 5,

2 acres respectively. That 16 acres had been the normal holding is

fairly obvious; it is obvious also that though this normal holding is

still traceable, it is on the way to being obliterated. Later specimens

of a similar kind come from Ashfield[138] in Suffolk and Ormesby[139] in

Norfolk. In 1513 there were on the former manor tenants holding 7, 10,

15, 21, 22, 36, 37, 45, 107, 121 acres, and all intermediate sizes. On

the latter, in 1516, the holdings were much smaller, but they were still

more various in area, ranging from 2 to 31 acres. One or two of the

Wiltshire and Somersetshire manors surveyed for the Earl of Pembroke in

1567 offer examples of the reverse state of things in which the tenants'

holdings were all cut out to a standard pattern. At Washerne,[140] for

example, a manor where the demesnes were not leased but retained "in

the hand of the lord," nearly all the copyholders had exactly 20 acres

each. But this is an exception which proves the rule. At Estoverton[141]

there were some tenants holding 69, 48, 38 acres of arable, and others

with 12, 10, 9, 3, and 2 acres. At Donnington[142] there were holders of

63 and 52 acres in the fields and holders with only 8 or 9 acres. At

South Brent[143] the divergence between large and small customary

tenants is more striking still. One occupies about 90 acres, several

others over 50, while the vast majority hold less than 30 acres in

holdings which are hardly ever of the same size. At Crondal[144] we find

in 1567 exactly the same inequality in the area cultivated by different

tenants, exactly the same combination of very large with very small

holdings. Taking one tithing only of that manor--that of Swanthrop--we

are met by tenants holding 112, 104, 66, 58, 47, 44, 30, 27, 25, and 3

acres. Finally, let us take two extreme instances. They are drawn from

the closing years of the sixteenth century; but their inclusion may be

justified by the fact that they reveal in a pronounced form the

tendencies which we have seen at work elsewhere a century and a half

before, and that they offer a peculiarly clear example of larger

customary holdings formed out of the aggregation of several smaller

ones, since the names of the previous tenants are stated by the

surveyor. On the two Middlesex manors of Edgeware[145] and

Kingsbury[146] all relics of the state of things which had presumably

existed there, as on other manors, two or three centuries before, the

state of things in which there were groups of men holding virgates or

half virgates, has disappeared so entirely as to leave no traces behind.

On the former the thirty-eight copyholders occupy holdings of almost any

size between 1 rood and 130 acres; out of the 722 acres of copyhold land

as much as 254, a little over one-third, are in the hands of two large

tenants. On the latter there is, _mutatis mutandis_, the same story; out

of the twenty-seven copyholders thirteen hold less than 15 acres, eight

hold more than 30, and of those eight two hold more than 100 acres

apiece.

[137] Merton Documents, Rental of Malden.

[138] R.O. Rentals and Surveys, Gen. Ser., Portf. 14, No. 85.

[139] _Ibid._, Portf. 22, No. 18.

[140] Roxburghe Club, _Surveys of Lands of William, First Earl

of Pembroke_.

[141] Roxburghe Club, _Surveys of Lands of William, First Earl

of Pembroke_.

[142] _Ibid._

[143] _Ibid._

[144] _Crondal Record_, Part I. (Baigent), pp. 210-221.

Customary of 1567.

[145] All Souls Documents, Map and Description of the Manor of

Edgeware (1597).

[146] _Ibid._, Map and Description of the Manor of Kingsbury

(1597).

These examples are drawn from 12 different counties.[147] Let us see

more exactly what they suggest. They suggest that, quite apart[148] from

any movement on the part of lords of manors to throw the holdings of the

customary tenants into large farms and to evict their holders, quite

apart from any external shock such as was given to the organisation of

village life by the change from tillage to pasture on the part of lords

and their farmers, there has been going on an internal change in the

relation of the customary tenants to each other. So far we have been

concerned only with the result of that change, not with the process by

which it is brought about. The result, as evidenced by the surveys, is

the consolidation of several holdings, or parts of holdings, into fewer

and larger tenancies, the appearance of a class of well-to-do peasants

by whom such larger tenancies are held, and a widening of the gap

between the most prosperous and least prosperous. Customary tenants hold

3 or 4 virgates, 80 or 90 or 100 acres, and their holdings are composed

of holdings and parts of holdings which formerly belonged to several

different tenants. Customary tenants even become the landlords of other

customary tenants. At Yateleigh[149] one copyholder has as many as

twenty sub-tenants, and it is not at all uncommon for the surveyors of

the sixteenth century to record the names both of owners and occupiers

in estate and field maps. There can hardly be a clearer proof of the

re-arrangement of property which has been going on among them than the

fact that some of them hold more land than they can cultivate themselves

and sub-let it to smaller men, who become their sub-tenants.

[147] Similar examples could be adduced from Northamptonshire

and Leicestershire, were it worth while, _e.g._ at Duston in

Northants in 1561 there were tenants holding 2 virgates, 1-3/4

virgates, 1-1/2 virgates, 1/2 virgate, 1/4 virgate (R.O. Rentals

and Surveys, Portf. 13, No. 23). At Desford in Leicestershire,

_temp._ Hen. VIII., one finds the same division and aggregation

of virgates (R.O. Rentals and Surveys, Duchy of Lancs., Bdle. 6,

No. 7).

[148] See below, pp. 72-75.

[149] _Crondal Records, loc. cit._

May one not say, in fact, that by the beginning of the sixteenth century

the rough equality which had once existed between the holdings of

different groups of customary tenants is fast disappearing, and that by

the middle of that century it has, in some parts of the country,

disappeared altogether? The village community is often no longer made up

of compact groups of holders with more or less equal holdings, more or

less equal rents and services, more or less similar economic positions.

Even as early as the time when the great agrarian changes which

contemporaries summed up under the name of "enclosing" begin to produce

legislation on the part of governments and riots among the peasantry,

its appearance of a systematic adjustment of property and obligation is

already far on the way to disappearance. Its members still hold shares

in the open fields, and are still bound by a common routine of

cultivation, save in so far as that routine has been undermined in the

ways to be described below. But it is easy to be deceived by the

external shell of organisation into thinking of village life at the end

of the fifteenth century as being much more homogeneous than it really

was. After all there are shareholders and shareholders. There is very

little similarity in economic interest or social position between the

artisan who buys a £5 share in a Bolton spinning-mill and a capitalist

who invests £5000 in the same concern. There was hardly more, one may

suspect, between the copyholder who cultivated a few acres and the

copyholder who held 100 or 200 acres and sublet part of his holding to a

poorer neighbour, though the lands of both were intermixed, though both

held of the same manor, though both were nominally bound by the same

custom. This comparison says more than we mean; for, with few

exceptions, the inequality in the holdings of the peasantry revealed by

the manorial documents is not so great that it cannot be spanned by

enterprise and good fortune. Looking back from a world in which the mass

of mankind have no legal interest in the land which they cultivate or

the tools which they use, what strikes the modern reader most in the

sixteenth century is not the concentration of property, but its wide

distribution. Nevertheless, even in these petty rearrangements of

holdings there is a meaning. They are the beginning of greater things.

To appreciate their importance we must obliterate from our minds our

knowledge of later developments, and regard them as the innovation which

they are. We must remember that they are the economic foundation of a

prosperous rural middle class.

(c) _The Growth of a Land Market among the Peasants_

If the surveys were our sole source of information it would not be easy

to say how this regrouping of holdings has been brought about. Even the

surveys, however, do not leave us quite in the dark. They suggest that

it has taken place very largely through the play of commercial forces

within the ranks of the customary tenants themselves, through the eager

purchasing of land which we noticed as one feature of rural life at the

close of the Middle Ages, and through the growth of a cash nexus between

individuals side by side with the rule of custom. This is a factor in

the break up of the mediæval condition of landholding upon which

sufficient emphasis has perhaps not always been laid. The pre-occupation

of the writers of the sixteenth century with the special problem of

their own day, when the existence of a class of well-to-do copyholders

was taken as something needing no explanation, and their decay before

the growth of the great leasehold estate occupied the attention of all

interested in agricultural problems, caused the significance of the

development of these thriving peasants to be forgotten in the agitation

and regrets which accompanied their depression, and naturally

concentrated interest on the changes introduced by lords and great

farmers, through which that depression was mainly caused. In every age

prosperity is taken as a matter of course, and, in defiance of all

experience, mankind reserves its surprise for distress.

But the special phenomenon of the growth of large customary tenancies

which we have been considering can hardly be explained except as a

result of enterprise among the tenants themselves. The piling up of

customary holdings in the hands of one individual is quite a different

thing from the adding of customary holdings to the demesne which the

lord retained or leased to a farmer. It means a transference of

property, but a transference not from a customary tenant to the lord or

the lord's farmer, but from one customary tenant to another. It suggests

that before the "enclosing movement" of the sixteenth century brought

its crop of evictions, economic forces had long been at work to break up

the village community into large holders and small. When in 1452 John

Blackman, copyhold tenant of Maiden,[150] holds Keyser's, Key's, and

Skinner's tenements, it can only mean that Keyser, Key, and Skinner have

parted with their tenements to John Blackman. The lord may have put

pressure upon them to sell, but the customary land is not diminished, it

is simply rearranged; the result is not an addition to the manorial

demesne, but the appearance of a copyhold tenant with a great deal more

land than his neighbours. The cases in which the existence of more than

one survey of the same manor enables us to contrast the condition of the

customary tenants at different dates make it quite clear that this

aggregation of holdings was a well-marked movement which went on quite

apart from any encroachment by manorial authorities on the customary

land. Some time between 1340 and 1454 two virgates at Castle Combe,[151]

which at the earlier date were in separate hands, have been formed into

one holding. And naturally, the later we come, the more marked the

change which we find. At Aspley Guise[152] in 1275 the forty customary

tenants each held almost exactly half a virgate. In 1542 one finds among

the tenants at will and copyholders three occupants of the original half

virgate, one tenant with 30 acres, two tenants with 60 acres each, three

tenants with 75 acres each. These large holdings have plainly been

formed by the aggregation of half virgates in fewer hands and into

parcels of two, three, four, and five half virgates apiece. This case is

a very clear one, because nearly all the holdings are multiples of the

original standard, even the rent being calculated from this basis.

[150] Merton Documents, Rental of Maiden, 1496.

[151] _History of Castle Combe_ (Scrope).

[152] For information as to Aspley Guise I am indebted to the

kindness of Dr. H.G. Fowler of Aspley Guise, who has allowed me

to see the material which he has collected for a history of the

manor.

Elsewhere the aggregation of small customary holdings into large is

equally marked, but it has not been carried out with such a nice regard

to the maintenance of the original units. In the tithing of South[153]

Newton, part of the Manor of South Newton in Wiltshire, there were in

1315 seven holders of a virgate, each of whom occupied 23 acres,

seventeen holders of half a virgate with 12 acres each, and eight

cottagers. When the manor was surveyed in 1567 the customary tenants,

though fewer in number, cultivated a good deal more land than they had

two and a half centuries before, so that there is no question of their

holdings having been merged in the demesne. But the land was very

differently distributed between them. Of the ten copyholders then

remaining only one held the original virgate. Of the rest there were

holders of 59, 65, 80, and 96 acres, of 7, 13, and 15 acres, and of

various acreages between these wide limits. The symmetry of the earlier

arrangement has entirely vanished. Instead of a cluster of small

cultivators organised in three well-defined layers, we have a chain

stretching from a mere cottager up to a petty capitalist. A very similar

change has taken place on the Manor of Crondal.[154] If one compares,

for example, the arrangement of holdings on the tithing of Swanthrop in

1287 and 1567, one finds that the rough symmetry which existed at the

former date has altogether disappeared by the latter. In 1287 there were

eight persons holding virgates, seven holding half virgates, two holding

quarter-virgates, and four whose holdings are not expressed in virgates.

By 1567 all this has been altered. There are tenants holding 100, 66,

58, 47 acres; there are three with less than 10 acres, and there are

five with holdings of various sizes between these limits, but in no case

reducible to any common measure. How could such a transformation come

about, unless, as was suggested above, there was much buying and selling

of land, much rudimentary commercialism inside and behind the decent

cloak of routine which seems to be spread over our villages? Is not this

explanation forced upon us when we examine the holdings of the larger

peasants and find them made up of pieces bought from one and leased

from another, pieces taken from the waste or from the lord's demesne or

from the common pasture? And if it is correct, does it not point, on the

one hand, to a good deal of enterprise among the small holders, and

since enterprise can hardly exist without a certain level of prosperity,

to a good deal of prosperity; and, on the other hand, to movements which

in time are likely to dethrone custom altogether and put competition in

its place?

[153] Roxburghe Club, _Surveys of Lands of William, First Earl

of Pembroke_ (Straton).

[154] _Crondal Records_ (Baigent), pp. 111-116, and 210-222.

To these questions we shall return later. But happily we are not

restricted to inferential argument for our knowledge of these internal

changes in the economy of village life before the sixteenth century. We

have the court rolls of manors, and the court rolls are full, from a

very early date, of transactions which show how the state of things

which has been described was being brought about. In examining the

evidence which they offer of the shifting of property among the

peasantry we shall have to go some way back, and we shall do well to

begin with a distinction and a warning--a distinction between the legal

framework of rural life and its economic tendencies, and a warning that

we shall have to deal with a somewhat tiresome mass of detail, which the

general reader can avoid by turning to the summary at the end of this

chapter.

In the picture of the mediæval manor which is usually offered us the

features which receive most emphasis are its systematic apportionment of

works and services, its regulation by binding customary rules, its

immobility and imperviousness to competitive and commercial influences;

in short, its character as an organisation in which even the details are

settled by custom. In the "typical manor," as it appears in some

accounts, the main lines are drawn with almost photographic sharpness.

There are the free holders on the free land, the bond tenants each with

his virgate or half virgate of bond land, and the officers and servants

of the lord, a system the parts of which are knit together by the lord's

need of extracting labour services to cultivate his demesne. Now that

the internal economy of a thirteenth century manor displays to a very

remarkable degree the authority of custom in all its arrangements is

not, of course, denied; and it is specially proper to emphasise it when

we are contrasting it with modern agriculture, or when we are regarding

it from the standpoint of law. But this is only one aspect of it, and if

we assume that the economic relationships between the different members

of it always followed the same grouping and ran on the same lines as the

legal ones, we are likely to ascribe to them a simplicity and a hard and

fast character which, we may be quite sure, they never possessed in real

life, and to miss those very innovations which throw most light on

economic development.

True of such development early rentals and surveys show little trace.

But let us remember the purpose for which they were prepared. The

manorial officials were concerned with getting in an income, not with

supplying information about the methods of agriculture or the

cross-relations between one tenant and another, except in so far as they

affected the manorial revenue. The source of the income was the holding,

not the holder; or, rather, it did not matter to them who the landholder

was, whether he was one individual or another, or whether he was a

partnership of half-a-dozen individuals, provided that the land, however

held, yielded the customary services and payments. The nearest analogy

would be an apportioned tax which a Government divides between different

localities, each locality having to raise a certain sum, but making its

own arrangements as to what individuals shall pay. It is the virgate

which pays rents, which mows the lord's meadow, reaps the lord's fields,

carries the lord's messages, pays a stoup of honey and a churchshot of

white corn; and as long as the meadow is mowed and the message carried,

the question what individual holds the virgate is quite a subsidiary one

for the bailiff, and one which the tenants can arrange among themselves

much as they please. Each half virgate at Cuxham[155] has got to do two

boonworks or pay 4d. But the manorial economy is not at all disturbed by

the fact of one tenant holding not half a virgate, but a virgate and a

half; for he has to do, or pay some one else to do, six boonworks and

pay 2s. if he does not. A half-hide at Bramshot[156] has to make

half-a-dozen different payments in money and kind; but there is another

to prevent John, Stephen, Roger, and William clubbing together to work

it and arranging the payments among themselves as they please.

[155] Merton Documents, No. 5902, Rental of Cuxham, 1483:

"Johannes ... pro uno messuagio et una virgata terræ et dimidia

xxiiis. et 6 precaria in autumno vel 2s.... Thomas Lee, Rector

ecclesiæ ibidem pro uno tofto ... et una virgata terræ 18s. et 4

precaria in autumno vel 16d."

[156] _Crondal Records_ (Baigent), p. 96, Rental of 1287:

"Johannes filius Fabri, Stephanus Draghebreck, Rogerus de

Hallie, et Willelmus le Hart ... tenent j dimidiam hidatam

terræ. Reddendo inde per annum 5s. ad festum S. Mich. et xixd.

de Pondpany et ad festum Beati Martini viii gallinas de

chersetto, et ii gallinas contra Natale, et x ova contra Pascha,

et facient in omnibus omnia sicut Willelmus de Haillie." P. 125:

"William, son of Gonnilda, and Galfrid Levesone, John, son of

Matilda, and Emma, a widow, hold one virgate of land containing

27-1/2 acres on paying and doing as the said Robert of

Estfelde." There are many similar entries.

Clearly in these circumstances a rigid classification of holdings by the

manorial authorities is quite compatible with a great deal of diversity

in the arrangements made with each other by the holders, and we are

likely to miss a good many innovations if we look at the manor only

through the eyes of officials and as a revenue-producing concern.[157]

We must no more expect to get from them an exhaustive account of the

exact individuals at any one time using the land, or of the scale on

which farming is carried on by the peasants, than we expect the

shareholders' list of a limited company to tell us who has the spending

of the dividends. The shares stand in A.'s name, but the interest may go

to A.'s married daughter. The holding stands in the name of Thomas in

the books of the manor, but it may be that part or all of it is worked

by Walter. To put the case in another way, to the lord and his steward a

manor is primarily a business, a business on which various obligations

can be imposed and from which various profits can be extracted. But it

is also a village community consisting of peasants whose economic

relations are by no means exhausted in the interest which the lord takes

in them as part of its stock, and who have economic dealings which are

important when we begin to inquire into changes in the distribution of

peasant property. The number of the holdings and the amount of payments

and services may remain quite unaltered, and yet at the same time if one

individual begins to acquire several shares his property will grow at

the expense of other persons. Precisely because it is new, the

appearance of such small capitalists is not readily traceable in the

stereotyped forms used by the manorial officials. Precisely because it

is new, it is of the greatest economic significance. It shows what may

be called, by contrast with later developments, the old agrarian régime,

producing the new type of well-to-do peasant who is one of the

protagonists in the class struggles of the sixteenth century.

[157] Vinogradoff, _Villainage in England_, pp. 250-251: "The

general arrangement admitted a certain subdivision under the

cover of an artificial unity, which found its expression in the

settlement of the services and of the relations with the lord."

And this upward movement is no mere matter of conjecture. That behind

the stiff legal framework of the manorial organisation there was a

tendency for property to pass into the hands of the more prosperous

tenants, and that there was a sort of primitive commercialism even at a

time when commercial ideas had little influence over the methods of

agriculture, becomes evident if we examine the elements out of which the

small properties of the fourteenth century are composed. The gradual

formation of a class of wealthy peasants took place in three ways,

through the buying up by well-to-do men of parts of their neighbours'

properties, through the colonising by villages of the unoccupied land

surrounding them, and through the addition to the customary holdings of

plots which had at one time been in the occupation of the lord, but

which, for one reason or another, he found it more profitable to sell or

lease to his tenants. Even before the end of the thirteenth century it

is by no means unusual to find land changing holders pretty rapidly both

by transfer and by lease. The customary land passes in the manorial

court; the outgoing tenant surrenders it, and the incoming tenant is

formally admitted by the steward. When a peasant leaves the manor or

dies without heirs, the other tenants offer a sort of small land-market,

and bid for his land or part of it to add to their own. Hence holdings

or fractions of holdings change hands with some frequency at the court

customary, the well-to-do, who can afford to take more land, offering

the lord an increased rent to obtain a share in a holding the possession

of which has for some reason lapsed. In the court rolls of the

Lincolnshire manor of Ingoldmells,[158] for example, there are many such

transfers, six sales occurring in successive courts held in 1315 and

1316. At Crondal,[159] in 1282, a tenant has for some reason given up

his holding; the rest of the community dart on it like minnows on a

piece of bread; and it is at once split up among as many as ten other

tenants, who find sureties for the continuance of the normal services.

At Hadleigh,[160] in 1305, a tenant sells part of his land to be built

upon. At Castle[161] Combe, in 1367, a villein enters by licence of the

lord on two virgates of land and a separate pasture.

[158] _Ingoldmells Court Rolls_ (Massingberd), October 1315 to

June 1316.

[159] _Crondal Records_ (Baigent), pp. 152-153. Court Roll of

1282. "Hugh Sweyn gives to the lord 15d. that he may be able to

hold 2-1/2 acres of arable land of the tenement formerly Richard

Wisdom's, paying therefor yearly 15d. of rent: sureties for the

services being Gilbert Swein and Roger Carter." Nine other

tenants take fractions of Richard Wisdom's holding in the same

way.

[160] _Victoria County History of Suffolk_, "Social and Economic

History" (Unwin). Professor Unwin has some suggestive remarks on

similar developments in other parts of the county.

[161] _History of Castle Combe_ (Scrope), p. 162: "Johannes

Pleyslede, nativus domini, cepit de domino unum messuagium et

duas virgatas terrae tenendas in bondagio, secundum

consuetudinem manerii ... Reddit etiam annuatim sex denarios pro

quadam pastura vocata le Hatche, et pro via ad eandem."

Such examples of what may be called petty land speculation could be

multiplied almost indefinitely, and point to a good deal of mobility in

rural society even in the thirteenth and early fourteenth centuries. At

the same time one can see signs of relationships of a more complicated

character tending to establish themselves between the tenants, and

breaking up the symmetry of the manorial arrangements. There is a marked

tendency for holdings not to remain intact but to be split up among

different holders. Sometimes this takes place in the ordinary course of

transference from father to son. The virgate held by the former is

divided, for example, into two cotlands, each of which is held by one

child,[162] or the heir to a holding divides it with his mother.[163]

More frequently one is left to infer the actual process of division

from the way in which the Rentals describe holdings as being occupied by

groups or partnerships[164] of tenants, who share the land between them,

each being responsible for a part of the rents and services owing from

the virgate. Such an arrangement does not imply that there is any

partnership in actual cultivation, any partnership in the modern sense

of the word. It means, on the contrary, that the different parts of the

holding are divided among several different cultivators, and that its

apparent unity is quite artificial, simply a fiscal expression to enable

the authorities to see that it renders its share of payments and

services.

[162] _Crondal Records_ (Baigent), p. 129, Rental of Dupehale

(Dippenhall) 1287: "Edmunde de Bosco and William de Bosco hold 2

cotlands which were formed out of one virgate of land which Adam

de Bosco formerly held."

[163] _Ibid._, p. 153: "Margery Palmer comes and surrenders into

the hands of the lord a virgate of land with a house in Crondal,

and Galfrid her son comes and gives to the lord 6s. 8d. to have

seizin thereof, upon this condition, that the said Margery have

the third part, and two pieces more, of the aforesaid tenement,

for the term of her life."

[164] _Crondal Records_ (Baigent), p. 117, Rental of Yateleigh,

1287: "John de la Perke and Thomas Squel hold one virgate of

land containing 22 acres, on payment therefor of 2s. 10d. on the

Feast of St. Michael and 7-1/2 for Pondpany, and one stoup of

honey, and 75 eggs, and shall perform all services like Thomas

Kach.... Walter le White and Osbert de la Knelle hold one

virgate of land containing 29-1/2 acres.... Roys de Pothulle and

John le White hold one virgate of land containing 29 acres."

Again there is much leasing and sub-letting of land by the more

prosperous of the customary tenants. Like labourers who hold allotments

to-day, they often find it convenient to hire extra land and at the same

time to let out parts of their own holdings, which may be inconveniently

situated, or hard to work, or for some other reason not worth retaining.

Thus in Lancashire the Clitheroe[165] court rolls show many fines being

paid in the early fourteenth century for permission to "tavern," that is

simply to lease, land. In 1351 there are several tenants on the manor of

Sutton[166] in Hampshire who have leased cotlands from the larger

customary tenants. At Crokeham on the neighbouring manor of Crondal[167]

we hear as early as 1287 of one tenant paying 12d. for his holding

"through the rents of" another customary tenant, who stands as an

intermediate landlord between him and the manorial authorities. On this

manor, indeed, sub-letting of land proceeded very far, and had created

by the middle of the sixteenth century exactly the result which one

would have expected, the existence, namely, of a considerable number of

subtenants holding land from the copyholders and known by the name of

Hallmote[168] tenants. Nor is mere subtenancy the most elaborate of the

arrangements which arise among these Lilliputian capitalists. The

peasants deal in land, and naturally they employ land agents to act as

brokers for their bargains. When "Robert Bagges surrenders one bovate of

villein land into the hands of the lord for the use of Symon Clerk, and

the same Symon forthwith surrenders the aforesaid bovate to the lord for

the use of William Flaxman, and William Flaxman pays 12d. to enter

thereupon,"[169] may we not say that we have the whole machinery of land

speculation, seller, middleman, and client, complete?

[165] _Court Rolls of the Lordships, Wapentakes, and Demesne

Manors of Thomas, Earl of Lancaster_ (edited by W. Farrer).

Halmote of Colne, 1323: "Thomas le Harper for taverning 3 acres

of land, 6d. Roger ... for the same of 2 acres of land, 4d.,"

and _passim_.

[166] _Crondal Records_ (Baigent), p. 140: "John Thomas holds a

messuage and a 'ferdell' of land, excepting one cotland and a

perch.... Thomas le Freyn holds of the above a cotland and a

perch."

[167] _Ibid._, p. 134: "William de Suche gives to the lord 12d.

yearly, to be allowed to hold 6 acres through the rents of Hugh

of Wyggeworthale."

[168] _Crondal Records_ (Baigent), pp. 159-383. Customary of

1567. The name does not necessarily imply subtenancy in any way,

the Hallmoot being simply the court of the manor. At Yateleigh

one copyholder, Richard Allen, held about 263 acres, of which

about 126 were held from him by 21 subtenants (pp. 258-265 and

378-379).

[169] Footnote in _The Rebellion of Wat Tyler_, by Petruschevsky

(Russian), p. 210: "Ricardus Flaxman qui de domino tenuit in

bondagio unum messuagium et II. bovatas terræ et xvi acras terræ

de Forland quæ quondam fuerunt Johannis Colyn ad terminum xx.

annorum ex dimissione prædicti Johannis per licenciam curiæ,

venit hic et reddidit in manus domini prædictas duas bovatas

terræ et acras di' terræ et prati ad opus Willelmi Dolynes

deduct' prædicto messuagio." Duchy of Lancaster Court Rolls,

Bdle. 32, No. 307, and _ibid._, p. 211: "Robertus Bagges redd'

in manus domini l bovatam terræ in bondagio ad opus Symonis

Clerk Tenend 'sibi et suis, etc. Et idem Symon instanter redd'

in manus domini prædictam bovatam terræ ad opus Willelmi Flaxman

sibi et heredibus suis secundum consuetudinem manerii, et dat ad

ingressum xiid." Duchy of Lancaster Court Rolls, Bdle. 33, No.

324: "Instanter" is remarkable.

So far we are on safe ground. But it is not easy to describe the sort of

conditions in which this petty commercialism, this emergence of peasants

richer and more prosperous than their fellows, takes place. Clearly it

implies the existence of small stores of capital, of some surplus over

the consumption of the current year, which its fortunate possessors can

use as a starting-point for further acquisitions; nor ought this to

surprise us, for the usurer who traffics in his neighbours' misfortunes

by lending money or corn at exorbitant rates, is by no means an

unfamiliar bugbear in the mediæval village. Clearly, again, we must not

look for some single _primum mobile_ to explain how such small capitals

could be brought into existence. With all its apparent homogeneity the

manorial population had, from the beginning of things, included people

some of whom were in so much better a position than others for building

up considerable properties as to make it no matter for astonishment

that, as time went on, they should improve their advantage and attract

more than their share of any increase in wealth which might take place.

The appearance in the fourteenth century of a rural middle class is,

indeed, much less remarkable than the extreme slowness of its

development in the more backward parts of the country. For one thing,

even the strictest equalisation of shares could not prevent the holder

of exceptionally fertile land from being better off than his less

fortunate fellow. Since services and rents were based on the

requirements of the demesne, with a view to their rough apportionment

among all the peasants, and were not adjusted, like modern competitive

rents, so as to sweep away the surplus arising on superior sites, the

occupants of the latter could build up, under the ægis of custom, the

nucleus of a very considerable property.[170] For another thing, the

mere fact that the village was subordinated to a lord, who exploited it

by means of officers and servants, supplied village society with an

upper layer of people who had larger opportunities than the mass of the

peasantry for improving their position. Stewards, bailiffs, and greaves

were frequently rewarded for their services with grants of land for

which only a nominal rent was asked, and of course the most obvious way

of using their advantage was further to increase it by adding to their

properties. In a somewhat similar position to these were the peasants

who were let off easily because their labour was not needed for the

lord's estate. It is quite a mistake to think of the mediæval villager

as a man pinned down to subsistence level by the economic pressure which

grinds, as in a mortar, the poorest classes in modern society. Of course

individuals were cruelly oppressed, and when the harvest failed whole

communities, as in India to-day, must sometimes have been blotted out at

a blow. But the whole story of the extraordinary upward movement which

took place among the peasantry in the fourteenth and fifteenth

centuries is unintelligible, unless we admit that the legal

rightlessness of the villein was, in fact, quite compatible with a good

deal of economic prosperity. His liability to the manorial authorities,

though in law unqualified, was in reality a liability limited, on the

one hand, by the rule of custom, and, on the other, by the fact that he

worked, not for an ever hungry world-market, but for a by no means

insatiable local demand. Since services were adjusted to holdings, not

to holders, a family of five or six persons usually did not send more

than one or two to work on the lord's estate, and the remainder had

opportunities for economic advancement, which necessarily became greater

as the growth of population made the weight of the lord's requirements

less exacting.[171] Moreover, the rudimentary specialisation of

industrial employments, which can plainly be seen going on in the

villages of the fourteenth century, brought into existence the man who

was half peasant, half artisan or tradesman, and who could employ the

money which he made in trade to carry on his husbandry on a larger scale

than his neighbours. Such, for example, were the smiths, carpenters,

turners, shoemakers, tailors, butchers, walkers, websters, and shearmen,

who appear so constantly in Poll Tax returns.[172] When a weaver is

able, though a villein, to leave 3000 marks to his heirs,[173] the

village capitalist has plainly come upon the scenes. Nor must we forget

that, however self-contained some manors may have been, there were

others whose proximity to a chartered town or to a seaport acted as a

magnet to draw rural conditions out of the rut of custom. Among the

serfs who bought permission to emigrate, there were some who, having

made money as town craftsmen, strayed back to their "villein nest," and

acquired considerable properties with their hardly amassed wealth, like

the Italian or Austrian peasant of to-day, who, after years spent in the

sunless tenements and restaurants of New York, returns at last to be the

envy of Calabrian and Tyrolese villages. From several sides at once,

therefore, from those who socially rank above the mass of the

population, from the peasant who combines trade and husbandry, from the

enterprising serf who sets out to make his fortune at a distance, forces

are at work to build up the considerable holdings that are the basis of

the well-to-do peasantry of the future.

[170] See below, pp. 115-121.

[171] See _E.H.R._, vol. xv. pp. 774-813; Vinogradoff's review

of Page's _The End of Villeinage in England_.

[172] Powell, _The Revolt in East Anglia_, Appendix I.; and

Putnam, _The Enforcement of the Statute of Labourers_, pp.

80-81.

[173] Scrope, _History of the Manor and Barony of Castle Combe_.

p. 233.

But while these causes were always operating on individuals, the most

potent influence in forming a class of prosperous peasants was, no

doubt, the spread of commerce and its reaction on agriculture. Its

effect is shown by the fact that it is just in those parts of the

country where trade is most highly developed, and where, therefore, the

use of money and the growth of wealth encourage speculation of all

kinds, that the commercialising of landed relationships, and the

appearance of a middle class, arises earliest and spreads furthest. The

change is specially noticeable in the Eastern counties, which, from an

early date, are the home of industry. Examples of the extreme variety

and irregularity in the holdings of the customary tenants on the manors

of Suffolk in the sixteenth century, which we have already contrasted

with the arrangements in the backward parts of the country such as

Northumberland, begin to make their appearance at a very early date in

that county of fisheries and manufactures. At Hadleigh,[174] where the

woollen industry has set money in circulation, the processes both of

splitting up the customary holdings, and of letting two or three of them

to a single tenant, is conspicuous at the beginning of the fourteenth

century, and has completely altered the distribution of property which

existed a century before. At the little fishing village of

Gorleston[175] at the end of the thirteenth century each of the former

tenancies was divided up among several tenants, sometimes three or four,

sometimes eight or ten, and once as many as twenty. At Hawstead, in the

same county, the free tenants have let off part of their holdings and

added to them by leasing additional land in its place. In short,

whenever trade becomes a serious factor in rural life, one finds a very

general tendency for new arrangements of land to grow up side by side

with the customary holdings, which are the backbone of the manor,

because it is from them that the lord extracts his services for the

cultivation of the desmesne. As long as the necessity for labour

services continues, the number of holdings does not undergo any

appreciable alteration, but the number of holdings ceases to be a guide

to the number of holders.

[174] _Victoria County History of Suffolk_, Unwin's article on

Social and Economic History.

[175] _Ibid._

It is clear that the organisation of the manor is compatible with a good

deal of shifting of property among the customary tenants, and that an

alteration in its arrangements begins at a comparatively early date,

without any external shock and through the desire of such tenants as can

afford it to buy and lease land from other tenants who are less well

off. If such a tendency were at all general, it would explain the

gradual aggregation of larger holdings into fewer hands, and the

appearance of considerable inequality in economic status among members

of the village community whose legal position was the same. Sometimes,

indeed, the authorities of the manor think that the process is going on

too fast, that tenants have forgotten that, though they deal in land as

though it were their own, it is really the lord's, and that they must

not jeopardise the rents and services which he expects from it by

alienating it without his permission. Sometimes a day of reckoning

comes, when "tenants having more than one customary tenement" are "to

show cause why they should not be excluded from the other tenements but

one, unless license be granted them."[176] But in view of the multitude

of transactions which come before us, we can hardly doubt that licence

was nearly always granted if the purchaser or lessee was thought by the

steward to be substantial enough to make the land do its duty,[177] and

that tenants who wanted to buy and sell, lease and let, had very little

opposition to expect from the lord or his steward.

[176] _Merton Documents_, "A table of the Matters, Orders, and

Customs Conteyned in Severall Courts of the Manor, 1563": "Daye

given to all ye tenants of ye manor to remove and expell their

undertenants by Michaelmas that shall be in ye yeare 1563, upon

paine of every delinquent forfeiting 20s." "Daye given to the

aforesaid tenants having above one customary tenement to be here

at ye next court to shew," etc., as above. See the Customary of

High Furness quoted below, p. 101; also Hone, _The Manor and

Manorial Records_, pp. 177-178, Court Rolls of Payton, Oxon.:

"And the aforesaid Laurence Pemerton, in his life time,

substituted Walter Milleward as his subtenant ... contrary to

the custom of the Manor without license; therefore let him have

a talk thereon with the King's officer before the next court."

[177] This is the meaning of entries of two names as "sureties"

when land changes hands. See _Crondal Records_, Court Rolls of

1281 and 1282, _passim_.

After all the picture is one which we ought not to have any difficulty

in understanding, if once we get rid of the idea, born of our melancholy

modern experience, that the buying of land in small parcels is for the

small man the road to ruin, a luxury in which none but the well-to-do

can afford to indulge. We have all heard much of the iniquities of the

English system of land transfer, and have contrasted its cumbersomeness,

its expense, its uncertainty, with the facilities for buying small plots

offered by methods like those of France, where sales and mortgages are

entered in a public registry, which any one has the right to inspect.

But we need not look to the Continent or the British Dominions to see a

market for real property working freely and smoothly. In our period by

far the most general form of tenure was one customary tenure or another,

and whatever the disadvantages of customary tenure may have been--and

they were many--they had one great compensating advantage. Customary

holdings could be transferred easily, cheaply, and with certainty, by

surrender and admission in the court of the manor. Since there was no

doubt that the freehold was in the lord, there was no expensive

investigation of titles to eat up the prospective profits of the

purchaser, and the Court Rolls offered a record, one is tempted to say a

register, of the nature of the interest which a tenant had had in any

holding from time immemorial. Of course the adjustment of the respective

claims of lords and tenants raised very knotty problems, and these will

be examined later. But, as long as they were in abeyance, the fact that

peasant holdings could be transferred so readily contributed to the

breaking up in the regularity of manorial arrangements, to the passage

of land from one family to another, and to the formation of larger

properties out of small.[178]

[178] Since writing the above I have seen that the same view of

the advantages of copyhold (the descendant of villein) tenure is

taken by Dr. Hasbach, who quotes an eighteenth century writer to

the effect that copyhold as compared with freehold land had the

advantage of "the greater certainty of its title and the

cheapness of its conveyance" (Hasbach, _A History of the English

Agricultural Labourer_, pp. 72-73).

Such petty transactions among the peasantry were not, however, the only

way in which substantial peasant properties came into existence. In

addition to the transference of land from one tenant to another there

were other causes working to produce much the same results. The first

was the continuous taking in of plots of waste land by tenants who got

permission from the manorial authorities to make encroachments upon it.

The second was the abandonment of the system of cultivating the demesne

by the labour rents of the tenants. Long before the enclosing of the

common waste by lords of manors and farmers had become a very serious

grievance--that it was a grievance at an early date is proved by the

Statute of Merton[179]--one finds arrangements being made for bringing

unused land under cultivation. Sometimes this movement goes on on a very

large scale indeed; the Abbey of St. Albans gets a licence from the King

in 1347 to "improve its wastes aforesaid and to grant and let them for

their true value to whomsoever of their tenants comes to take

them;"[180] and about the same time 500 acres of waste in the forest of

High Peak[181] are let by the Crown to three tenants, much to the

disgust of the neighbouring commoners. Usually the encroachments on the

waste take place piecemeal. The process by which piece after piece was

clipped off it and added to the tenants' holdings is shown very clearly

in Rentals and Court Rolls. Occasionally it goes on without sanction; a

tenant surreptitiously draws into his holding an extra piece of land for

which he pays nothing, and is only found out when he has occupied it for

some time. But this is rare, for such encroachments are a source of

profit to the lord, both in the payment made for the original permission

to make them and in the rent coming from them, and the steward is

therefore careful that they should be made through the court and entered

in detail on the rolls of the manor. Thus at Ashton-under-Lyne,[182] in

1422, both freeholders and customary tenants had made large intakes of

wood and waste and were paying for some of them as much as 13s. 4d. and

10s. The Halmote Court of Colne[183] in 1324 shows many tenants paying a

few pence for acres and half acres of waste. At Yateleigh,[184] in 1287,

almost every one of the fifty-three customary tenants held, in addition

to his land in the open fields, land taken from the waste amounting in

the aggregate to 37 acres, while some possessed no land at all except

that which they had thus reclaimed. In the tithing of Aldershot,[185] on

the same manor, one tenant held 52 acres in encroachments. At

Crokeham[186] another held 63-1/2 acres in addition to the standard half

virgate of customary land; another, at Southwood,[187] 16 acres.

[179] 1235, c. 4. One may remark, however, that the power which

a single freeholder had had before 1235 to prevent the breaking

up or enclosure of common pastures, even when he had more than

was sufficient for his own beasts, was a genuine hardship for

the lord, for other freeholders, and for the customary tenants;

see the remarks in Pollock and Maitland (_History of English

Law_, vol. i. p. 612).

[180] _Gesta Abbatum Monasterii St. Albani_, vol. iii. pp.

120?-121, quoted by Petruschevsky, _op. cit._, pp. 179?-180.

[181] _Victoria County History_, Derbyshire, vol. ii. p. 170.

[182] Glover, _History of Ashton_, p. 355. "Richard the Hunte

... for an intake 3d. ... Thomas of the Leghes for the one half

of the intake in Palden Wood 13s. 4d. The same Thomas of the

Leghes for an intake besyde Alt Hey 10s."

[183] _Court Rolls of the Lordships, etc., of Thomas, Earl of

Lancaster_ (Farrer). Halmote of Ightenhill, 1324, January 18:

"John de Briddeswail for entry to half an acre of waste in

Habrincham, 6d., for the same yearly, 2d." Same court, May 7,

1324.: "Richard le Skinner for entry to 4 acres of waste in

Sommerfordrod, 6d., for the same yearly, 6d.," and _passim_. In

the north of England there seems to have been very much

colonising of the waste, perhaps because original settlements

were small. See Turner, _History of Brighouse, Rastrick, and

Hipperholme_, pp. 66?-67, and _Trans. Rochdale Literary and

Philosophical Society_, vol. vii., Rochdale Manor Inquisition.

[184] _Crondal Records_ (Baigent), pp. 116?-120, _e.g._ "Robert,

son of Peter de la Pierke, holds one acre of encroachment land

on paying 4d."

[185] _Ibid._, pp. 123-?127.

[186] _Ibid._, pp. 131?-134. "Richard Wysdon holds half a

virgate of land containing 16 acres.... The same holds 63-1/2

acres, which were in his ancient occupation, and were found to

be over and above his said virgate, and (included) in many

encroachments."

[187] _Ibid._, pp. 122-?123: "William of Southwoode holds 16

acres of encroachments and other detached pieces."

The process of nibbling away the waste was, in fact, very general, and

was a natural and inevitable one. The lord gained by leasing part of it

to be broken up and cultivated, while, so long as sufficient land was

left for grazing, the tenants gained by getting land which they could

add to their holdings, and on which the growing population could settle.

It must be remembered that the area under cultivation was everywhere an

island in an ocean of unreclaimed barrenness which cried out for

colonists.[188] In the Middle Ages land was abundant and men were

scarce; the land wanted the people much more than the people wanted the

land. Moreover, with the simple methods of cultivation prevailing, the

number of persons which a villein's holding could maintain was strictly

limited, and the tendency to "diminishing returns," with the consequent

difficulty of maintaining a growing population on the same area, must

have come into play very soon and very sharply. Surveyors[189]

appreciated this, and pointed out on some manors that unless the

tenants' holdings were enlarged they could not make a decent living and,

what was more important to the authorities, could not perform the

customary services. It is not surprising, therefore, to find that at a

comparatively early date the manorial population began to overflow the

boundaries of the customary land and to occupy the waste, with the

result that the area under cultivation grew, in some cases,

enormously.[190] We can hardly be mistaken in supposing that this was

the chief cause of the remarkable difference in the amount of land which

strikes one when one compares some of the surveys of later and earlier

dates. In any case the result was to increase the opportunities

possessed by the more prosperous tenants, who could afford to rent

additional land, of adding to their holdings, and thus to produce a

growing inequality in the distribution of property among them.

[188] Thorold Rogers _(Agriculture and Prices_, vol. i. p. 34:

"Not much less land was regularly under the plough than at

present") thinks otherwise. But (i.) modern agriculture has many

ways of using land besides keeping it "under the plough"; (ii.)

we know that in the eighteenth century large tracts now

cultivated were barren heaths, and it is difficult to believe

that these had been cultivated in the Middle Ages.

[189] See below, p. 189. The instances there quoted are later

than the period with which we are now dealing, but as they

mostly come from Northumberland, a very conservative county,

they are perhaps to the point.

[190] _e.g._ at South Newton in Wiltshire (see p. 74), tithing

of Swanthrop in Crondal, where the area of the tenants' holdings

was in 1287 about 360 acres, and in 1567 about 607 acres, and

tithing of Crondal, where the area of the tenants' holdings was

in 1287 about 181, and in 1567 about 284. But these figures are

not altogether satisfactory; and sometimes one finds a

reduction, _e.g._ at Dippenhall (from about 287 acres at the

earlier date to about 275 at the later date). The plague

relieved the pressure of population, and thus removed one

incentive for breaking up the waste; on the other hand, it left

the survivors much better off, and thus more able to increase

the scale of their husbandry. But until we know much more about

the growth of population we shall not make much of general

comparisons of this kind.

If the instances which have been given above are at all typical of the

state of things on many manors, the economic rigidity of rural life in

the thirteenth and early fourteenth centuries must have been a good

deal less than is often suggested. The legal forms are stiff and

unchanging, but the life behind them is fluid, and produces all sorts of

new combinations and arrangements which make legal forms a better index

of what was a hundred years before than of what at any moment is. In

particular one finds considerable movement going on before the Great

Plague. The more fully manorial records are explored, the more difficult

does it seem to generalise about the effects of that great catastrophe.

One cannot say that it was the beginning of the commutation of labour

services into rents, for on some manors they were partially commuted

before it, and on some they were not entirely commuted till nearly two

centuries later. One cannot say that the leasing of the demesne was due

to the Plague; for where the labour supply was small, parts of it were

leased already,[191] and after the Plague the authorities of different

manors met the crisis in different ways, sometimes beginning by letting

the demesne only to return later to the older system. It may be

suggested, however, that its influence has been somewhat exaggerated by

those authorities who would have us regard it as the watershed of

economic history. No doubt the Great Plague was the single most

important event in the economic history of the fourteenth century, just

as the Irish famine of 1846 was the single most important event in the

economic history of Ireland in the nineteenth century. But neither the

Irish famine nor the Plague had the effect of sweeping economic

development on to wholly new lines. What they both did was enormously to

accelerate tendencies already at work. The customary tenants were buying

and leasing land from each other before the Plague, and before the

Plague some lords were leasing out their demesnes, but on a small scale.

After the Plague the death of many holders and the poverty of many

survivors caused land to come into the market on a vastly greater scale

and at a cheaper rate, with the result that the aggregation of holdings,

the beginnings of which have been described as above, proceeded with

vastly increased rapidity. That this was the case immediately after the

Plague is shown by the familiar entries[192] as to the transference of

holdings which have lost their cultivators in the Court Rolls. The

movement seems to have continued, however, long after the immediate

effects of the Plague had passed away, and to have resulted on some

manors in the fifteenth century in something which might almost be

called free trade in land. One finds a readiness to buy and sell

customary holdings which belies the idea of the manor as a rigid

organisation in which little room was left for changing contractual

arrangements, and one finds also the natural result of the rising

commercialisation of land tenure in the grouping of several holdings

under one tenant, in the appearance of the practice of some tenants

sub-letting lands to others, and in general in the passing of property

from the economically weak to the economically strong, which naturally

does not go on rapidly till there is a market in which they both can

meet.

[191] _e.g._ at Hadleigh in 1305 (_Victoria County History_,

Suffolk, Unwin's article); at Crondal in 1287 (_Crondal

Records_, p. 110); at Ormsby in 1324 (Massingberd, _History of

Ormsby_).

[192] _e.g._ Scrope, _Castle Combe_, p. 164. Court Rolls of

1357: "Johannis filius Johannis Payn venit et finem fecit cum

domino per 12d. pro ingressu habendo in illo messuagio et

virgata terræ quæ Johannis le Parkare quondam tenuit.... Et

dictum tenementum concessum est ei ad tam parvam finem eo quod

dictum tenementum est ruinosum et decassum; et existebat in manu

domini a tempore pestilentiæ pro defectu emptorum." Massingberd,

Ingoldmells Court Rolls for years 1349?-1352. Gasquet, _The

Great Pestilence_. Page, _The End of Villeinage in England_.

At the same time by the beginning of the fifteenth century another force

of great importance was beginning to operate. The increase in the size

of the customary tenants' holdings, and the growth of a class occupying

much more land than the ordinary villein tenancy, was brought about not

only by encroachment on the waste and the aggregation of holdings, but

also by the transference to the tenants of that part of the manorial

land which has been the lord's demesne. The process by which the demesne

ceased to be cultivated by villein labour, and became frequently an area

subject to the more elastic arrangements of leasehold tenure, has been

often described, and we shall have to return to it later in speaking of

the development of the large capitalist farm. Here it is sufficient to

point out that, the abandonment of the primitive system, by which the

tenants worked out their rents in labour on the demesne, had two

consequences which are of great significance in the development of the

villein into the prosperous peasantry of the fifteenth and early

sixteenth centuries.

In the first place, it meant that one great force making for equality

between the holdings of different tenants was removed. The system which

gave each customary tenant on a manor what may be called a standard

holding was surely an artificial one, in the sense that it bears the

mark of deliberate arrangement, and is not one which would tend to be

established by the play of economic forces. As we have seen, economic

forces did begin to impair it at an early date. Its persistence is more

remarkable than its disappearance, and why had it persisted? Partly, no

doubt, because the idea that each full household should be equipped with

a standard holding was part of the original organisation of the village

community, upon which the feudal superstructure had been imposed, and

which it used as a machine for grinding out its revenue. Partly also

through the needs of that superstructure itself. As the tenants were the

instruments by which the demesne was cultivated, and as the demesne

could not be cultivated unless the tenants were adequately equipped with

the means of livelihood, the rough equality which existed between their

holdings, though arising from the communal arrangement of village life,

and not deliberately imposed from above, had, nevertheless, been, in

fact, a quite necessary condition for the working of the lord's private

estate. A settled relation between holdings and services was a

convenience to the manorial authorities, and in this sense the work done

on the demesne was a force tending to keep the tenants' holdings fixed,

as it were, on a scale which did not easily allow of much

variation.[193] When the demesne ceased to be cultivated by labour

services, what had been from the point of view of the manorial officers,

though not from that of the villagers, the chief practical reason for

maintaining equality between the different holdings disappeared, and the

inequality which economic forces were tending to produce developed more

rapidly.

[193] The view that the equality of holdings was the creation

not of the communal needs of the peasantry but of deliberate

arrangement by the authorities, seems to be untenable in face of

the evidence of early records showing that freeholders as well

as the servile peasantry held roughly equal shares (see

Vinogradoff, _Villainage in England_, Essay II., chap. iv. and

chap. vi). On the other hand, the apportionment of services to

holdings tended to stereotype the existing arrangement. A late

example which displays both elements, that of authoritative

pressure and that of communal organisation, is supplied by the

Customary of High Furness (R.O. Duchy of Lancs. Special

Commissions, No. 398): "As heretofore dividing and portioning of

tenements hath caused great decay, chiefly of the service due to

her Highness for horses, and of her woods, and has been the

cause of making a great number of poor people in the lordship,

it is now ordered that no one shall divide his Tenement or

Tenements among his children, but that the least part shall be

of the ancient yearly rent to her Highness of 6s. 8d." See

below, p. 101.

In the second place, when labour rents were commuted into money, the

demesne was often added to the tenants' holdings, with the result of

still further destroying their symmetry, by the opportunity which was

given to men with money to buy up parcels of land. This movement went on

so unobtrusively that its significance is liable to be overlooked. In

reality, however, it was a change of very great importance, scarcely

less important than the decay of villein services and disabilities which

was the other side, the personal as contrasted with the agrarian side,

of the same break up of the old system of cultivation. One must remember

that the lord's demesne formed a very large part of a great many manors,

often no doubt the most fertile and desirable part. One may recall again

that there are other European countries in which the sharp distinction

between the demesne and the holdings of the peasants was maintained in

full mediæval vigour almost to our own day. In Prussia,[194] for

example, a Royal Decree, the Decree of 1807, was needed to break it

down, and to allow the land held by lords of manors to be bought by the

small cultivator. What the partial obliteration of this line meant in

fourteenth and fifteenth century England was that a great deal of land,

land on which the peasantry, one would suppose, had often turned

covetous eyes, was thrown into the market for families who could afford

it to buy and lease, that for a century or so after the Plague great

estates were being broken up into small, instead of small being

consolidated into great, that for a century or so the land market turned

in favour of the small man as much as it afterwards turned against

him.[195]

[194] Edict of October 9, 1807, Clause 1.

[195] Compare a document, _temp._ Hen. VIII., quoted by Gonner,

_Common Land and Enclosure_, p. 155 n., which states that

whereas landlords at one time could not find tenants, now the

case is altered and tenants want landlords.

Of course the leasing of the demesne was not universal; nor, when it

was leased, was it always divided up among the tenants. Often it was

transferred _en bloc_ to a single farmer, and became the nucleus of the

large leasehold farm whose management we shall examine later. Sometimes

it was first divided up and later consolidated again, with results

disastrous to the interests which had grown up upon it. But the

existence in the sixteenth century[196] of many small demesne tenancies

is a proof that a common way of treating it was to divide it up among

the peasants; and if we cast our eyes back over the records of the

fourteenth and fifteenth centuries we can find many examples to show how

such a state of things was brought about. Sometimes small plots of the

demesne are leased for terms of years. At Tykeford, in 1325,[197] the

surveyor found that 48 acres of demesne which were then in the hands of

the lords used to be leased to the tenants. The bailiff's accounts of

the manor of Amble[198] in Northumberland show that in 1328 "the

forlands" were let out to the bondage tenants, and in 1337 four of the

latter got leases of from 2 to 4 acres of demesne at Acklington.[199] In

1436 at Ambresbury[200] 2 carucates were leased to various tenants for a

term of years, as well as 8 acres of meadow and 400 acres of pasture;

and at Winterborne[201] 2 carucates, 6 acres of meadow, and 300 acres of

pasture were leased in the same year. But in the fifteenth century the

leasing of the demesne was constant, and there is no need to multiply

examples which can be found in almost every survey of the period. Where

the land was not leased it was quite usual for it to be held by copy.

This was a common practice in the fifteenth century in the south-west of

England. The surveyor[202] who, in 1568, gave an account of six manors

in the Western counties, found that in all of them the Barton or demesne

had been split up among the customary tenants for very many years and

was held by them as copyholders. The same thing happened on the manors

of the Earl of Northumberland, where the tenants' holdings were

increased by pieces taken from the lord's demesne and divided equally

among them. It happened at South[203] Newton in Wiltshire, where in 1567

a good deal of the Barton land was held by the tenants, who were

copyholders, on the same terms as the rest of their customary holdings;

at Stovard,[204] and Childhampton,[205] and Estoverton,[206] where the

customary tenants held "Bordland." Very probably those pieces of the

demesne which on some manors were held by copy of Court Roll, had

originally been let on lease in the way described above. The difficulty

of distinguishing them was very great, since normally they would lie in

the open fields scattered among the strips which formed the customary

holdings, in such a way that the movement of a balk obliterated the

difference. It is not surprising, therefore, that in spite of the

efforts of the lord's officials, they should constantly have lost their

identity. The remarkable thing is that they retained it so often, and

that surveyors were able to pin down a couple of acres among 30 or 40

others as not being, like the rest, customary land, but as having at one

time, perhaps several generations before, been parts of the lord's

demesne which it is "good to revyve and keep in memory that it should

not hereafter decay, but that at all tymes it may be devyded from the

customarye."[207]

[196] For the use of the demesne in the sixteenth century see

below, pp. 200?-213.

[197] Dugdale,_Monasticon_, vol. v., Survey of Tykeford.

[198] _Northumberland County History_, vol. v., Amble: "4s. 8d.

de forlands dimissis diversis tenentibus." "4 acres leased by

the Prior for 8 years to Roger at 8d. per acre."

[199] _Ibid._, vol. v., Acklington.

[200] Hoare, _History of Wiltshire_, Hundred of Ambresbury.

[201] _Ibid._

[202] Humberstone, _Topographer and Genealogist_, vol. i. p. 43.

See below, pp. 208?-209.

[203] Roxburghe Club, _Surveys of Lands of William, First Earl

of Pembroke_ (Straton).

[204] _Ibid._

[205] _Ibid._

[206] _Ibid._

[207] _Topographer and Genealogist_, vol. i., Survey of the

Manor of Whitforde in the County of Devon.

With these words, so suggestive of the blurring of lines which in

previous ages were sharply drawn, we may pause to consider where we

stand. Our argument has aimed at showing the large changes which have

taken place in the position of the peasantry as landholders before the

agrarian revolution of the sixteenth century begins. We have not been

able to give any quantitative measurements of the developments. But we

have seen enough to understand the direction in which economic forces

are setting. The substitution of hired labour for villein services, and

the formation of a middle class of considerable landholders out of the

occupiers of virgates and semi-virgates who formed the bulk of the

population on most mediæval manors, are changes which have taken place

quietly and which have nothing sensational about them. But the growth of

relationships based on a cash nexus between individuals, which they both

imply, has effected a very real alteration in rural conditions, an

alteration which is in a small way like that occurring to-day when the

discovery that a quiet village possesses mineral wealth or is a

convenient holiday resort puts money into circulation there, causes

farming lands to be cut up into plots which are bought by the savings of

speculative tradesmen, and adds a new tangle of commercial relationships

to the slowly moving economy of village life. Speculation in land on a

small scale begins among the more prosperous villeins at an early date,

as the inevitable result of an increase in prosperity and of the land

hunger of a growing population. It is immensely accelerated through the

impetus which the plague, by emptying holdings of their occupants, gives

to the formation of something like a land market, and the result is that

the holdings of the more fortunate grow and the holdings of the less

fortunate diminish. As a consequence, there is in many fifteenth century

villages the greatest variety in the economic conditions of the

peasantry. Except where commercial forces have been held in check by the

remoteness of the township from centres of trade, or where the needs of

the manorial authorities oblige them to resist any subdivision of

holdings for fear it should lead to the loss of services, the

comparative uniformity characteristic of their holdings in the

thirteenth century has disappeared, and the equality in poverty of the

modern agricultural labourer has not yet taken its place. Though the old

Adam of economic enterprise seems to be banished by the insistence of

stewards and bailiffs that holdings which are responsible for certain

works shall be treated as an indivisible unity, he sneaks back, even in

the mediæval manor, in the shape of agreements among the peasantry,

agreements which break that unity up by way of exchange, of sale, of

leasing, and sub-letting. By the end of the fifteenth century the

different elements in rural society are spread, as it were, along a more

extended scale, and there is a much wider gap between those who are

most, and those who are least, successful.

Taken together these changes mean, on the whole, an upward movement, an

increase in the opportunities possessed by the peasantry of advancing

themselves by purchasing and leasing land, more mobility, more

enterprise, greater scope for the man who has saved money and wishes to

invest it. They mean that custom and authority have less influence and

that class distinctions based upon tenure are weakened. But the upward

curve may turn and descend; for they imply also a tendency towards the

dissolution of fixed customary arrangements and of the protection which

they offer against revolutionary changes, a tendency which in the

future, when great landowners and capitalists turn their attentions to

discovering the most profitable methods of farming, may damage the very

men who have gained by it in the past. In the next two chapters we shall

glance at the first point, and pause at greater length upon the second:

first, the economic condition of the mass of the peasantry before the

great agrarian movements of the sixteenth century begin; secondly, the

signs of coming change which may react to their disadvantage. We shall

try to maintain the standpoint of an observer in the early years of the

sixteenth century. But economic periods overlap, and Northumberland is

still in the Middle Ages when Middlesex is in the eighteenth century. So

we shall not hesitate to use evidence drawn from sources that are in

point of time far apart.

The Agrarian Problem in the Sixteenth Century · 第 1 / 9 章