CHAPTER IV

THE PEASANTRY (_continued_)

(e) _Signs of Change_

So far attention has been concentrated upon those phenomena which

suggest that, before the great agrarian changes of the sixteenth century

begin, there has been a period--one may date it roughly from 1381 to

1489--of increasing prosperity for the small cultivator. We have

emphasised the evidence of this upward movement which is given by the

growth among the peasantry of a freer and more elastic economy. We have

watched them shake off many of the restrictions imposed by villeinage

and build up considerable properties. We have seen how the custom of the

manor still acts as a dyke to defend them against encroachments, and to

concentrate in their hands a large part of the fruits of economic

progress. In the century from the Peasants' Revolt to the first Statute

against Depopulation, in spite of the political anarchy which disfigures

it, there is, as it seems to us an interval between one oppressive

régime and another, between the leaden weight of villeinage and the

stress and strain of the gathering power of competition. In that happy

balance between the forces of custom and the forces of economic

enterprise, custom is powerful, yet not so powerful that men cannot

evade it when evasion is desired; enterprise is growing, yet it has not

grown to such lengths as to undermine the security which the small man

finds in the established relationships and immemorial routine of

communal agriculture.

There is, however, we need hardly say, another side to the picture, and

to that other side we must now turn. We must examine again from another

point of view some of the ground over which we have already travelled,

and we must modify the opinions which we have formed by bringing a fresh

range of facts into perspective. The piecemeal changes which have been

going on in the internal organisation of so many manors look forward as

well as back, and are of significance as throwing light on the larger

innovations of the later period. For one thing, they mean the appearance

among the customary tenantry of persons who are in a small way

capitalists, and who supply a link between the great farmer of the

sixteenth century and the agricultural organisation of earlier periods.

The emergence out of the mediæval peasantry of prosperous cultivators,

occupying two or three times as much land as their grandfathers, is a

proof that holdings of a considerable size can be managed successfully,

and the farmers of the demesne are often drawn from among them. For

another thing, the inequality which has appeared among the holdings of

different tenants implies the growth of a state of things in which

innovations in the customary methods of agriculture are much more likely

to be made than they were when all the tenants were organised in fairly

well-defined classes. The smaller among them are still practising

subsistence farming when the larger are producing on a considerable

scale for the market, are acquiring capital, are extending their

holdings, are even becoming landlords themselves. There arises therefore

a divergence of agricultural methods and economic interests between

them, which is quite compatible with the fact that both large and small

tenants stand in the same legal relationship to the lord of whom they

hold. The enterprise which the former show in their dealings with land

and in encroaching on the routine of manorial cultivation cannot fail to

have a powerful influence in preparing the way for the individualistic

movement which sweeps over agriculture in the sixteenth century, and

from which the peasants, as a class, suffer so severely. The freedom

with which parcels of land change hands must inevitably weaken the

connection between the family and the holding, and result in leaving the

least successful without any land at all. The difficulty of maintaining

a peasant proprietary without restricting the alienation of land is one

which is familiar to modern Governments, and there is clear

evidence[263] that, even before the evictions of the sixteenth century

began to attract attention, a decline in the number of customary tenants

was brought about on a good many manors by the mere process of the

well-to-do buying up the poorer men's holdings.

[263] I am inclined to think that an investigation of the

manorial records of the fifteenth century would show a

considerable decrease in the number of customary tenants, not as

a result of evictions, but simply as a consequence of one man

buying out another and forming one larger holding out of two or

more smaller ones. The evidence for this is as follows: (1) When

several holdings pass to one man there must be a diminution

unless more land is brought under cultivation. Such an

agglomeration of holdings has been shown to be very frequent.

(2) A comparison of fifteenth and sixteenth century surveys with

those of an earlier date shows a marked diminution in the number

of customary tenants (a) before complaints as to enclosure

become loud, and on manors where there is no trace of enclosing

by lords or large farmers; (b) on manors where more land is

cultivated by the customary tenants than at an earlier date.

Thus at Haversham there were 52 tenants of all kinds in 1305, 35

in 1458, 14 in 1497 (_Victoria County History_, Gloucestershire,

vol. ii. pp. 61?-62). On six Northumbrian manors, where there is

no sign of evictions on a large scale, there were 82 customary

tenants in 1294, and 37 in 1567, and where intermediate surveys

enable one to narrow the limiting points, one finds that there

has been a considerable diminution before the end of the

fifteenth century. On the four tithings, of South Newton,

Childhampton, Stovord, and Little Wishford, which made up the

manor of South Newton, customary tenants numbered at the

beginning of the fourteenth century 32, 7, 13, 13, and in 1567

10, 3, 7, 1, the average holding having grown from 10-1/2 to

about 43 acres (Roxburghe Club, _Pembroke Surveys_). At Sutton

Warblington there were in 1351, 28 customary tenants, and in

1568 there were 7, while the average acreage of each tenant's

holding had increased enormously (_Crondal Records_, Baigent).

At Dippenhall and Swanthrop, two tithings of the manor of

Crondal, the customary tenants numbered 40 in 1287, 24 in 1568,

while the average size of their holdings had risen from between

18 and 19 to just under 35 acres. At Aldershot the number of

customary tenants during the same period fell from 48 to 37

(_ibid._). Such figures are of course full of pitfalls. In the

North border warfare reduced the population, and the effects of

the Great Plague have to be considered. The great growth in the

size of holdings does, however, suggest that a diminution in the

number of customary tenants may have occurred without any

encroachments being made by lords on the customary land, and

merely through one tenant buying up the land of another.

Such movements prepare the way for greater changes: petty capitalism is

naturally followed by capitalism on a larger scale. It is surely at

first sight somewhat surprising that the noticeable upward movement in

the condition of the rural population, which coincides with the

disappearance of villeinage and the growth of copyhold tenure, should

have been followed by the marked depression which all observers agree to

have occurred in the following century. Why should a class which has

displayed such remarkable signs of vigour and enterprise find such

difficulty in holding its own? An answer to this question cannot be

given till after a consideration of the new causes at work in the

sixteenth century. But may it not be that their position had to some

extent been undermined by the very changes which at first improved it,

and that the enterprise of the larger customary tenants, while it added

to their prosperity as long as they led the way in it, tended to weaken

the customary relations and the customary methods of agriculture which

had protected the small man, and to leave him at the mercy of

competitive forces which he could not control? Such an undulating line

of development, in which the small producer gains temporarily from the

expansion of markets and improved technical methods which ultimately rob

him of his independence, can be paralleled from the later history both

of agriculture[264] and of manufacturing industry. It seems to us to

offer a thread which connects the capitalist farmer of the sixteenth

century with the prosperous peasantry of the fifteenth. When there is

much buying and selling of land among the peasantry, much colonising of

new plots taken from the waste and the demesne, we should expect to see

the influence of competition beginning to override that of custom; we

should expect to see the paring away of communal restrictions to make

room for individual arrangements of a more elastic nature. In the

remainder of this chapter we shall approach this problem by considering

two movements--the growth at an early date of competitive rents on those

parts of manors where custom was weakest, and the enclosing of land by

customary tenants themselves. The former offers a precedent for the

rack-rents and excessive fines of which so much is heard in the

sixteenth century, the latter at once an analogy and a contrast with the

enclosures carried out by lords of manors and capitalist farmers, which

we shall discuss in Part II.

[264] Thus the yeomen seem to have increased in prosperity at

the end of the eighteenth and in the early nineteenth century

(though at the same time large classes of agrarian workers were

suffering terribly), because the rise in prices made

corn-growing a gold-mine. The collapse came probably after 1815

(see Johnson, _The Disappearance of the Small Landowner_, chap.

vii.).

(f) _The Growth of Competitive Rents on New Allotments_

The development of competitive rents is a subject which must always

possess a peculiar fascination for the historical economist, inasmuch

as the distribution of wealth depends to no small degree upon the manner

in which the surplus gains wrung from nature are shared between

different classes. The wealth which, under a régime of great estates and

leasehold tenure, accrues to a tiny body of landlords, is, in a

community of small freeholders, retained by the cultivating tenant, and,

when the tenure of land is such that custom sets a barrier to a rise in

rents, is divided between owner and occupier in a way which prevents the

former from absorbing the whole advantage of superior sites, or the

latter from being reduced to working for bare wages of management. The

causes which determine the allocation of rents must always be of crucial

importance for an understanding of economic conditions, and any change

which augments them, diminishes them, or varies the degree to which

different classes participate in them, is likely in time to produce a

substantial alteration both in the economic configuration of society and

in the possession of social privileges and political power. In modern

times, it is true, the enormous area from which food-stuffs are drawn,

and the relatively small space upon which manufacturing industry can be

concentrated, has made the differential payments accruing to the

landowner from varieties of soil and situation almost trifling compared

with the surpluses drawn from finance and manufacturing industry by the

infra-marginal capitalist and entrepreneur. Such "quasi-rents" are,

however, a comparatively modern phenomenon. In our period the basis of

wealth was land, and a crucial question is that of the manner in which

incomes drawn from land were determined. We have seen that in the

sixteenth century custom still ruled the payments made by most of the

copyhold tenants. But at that time there were many complaints of

rack-renting, and though we must leave till later an inquiry into their

justification, it will help us if we take a glance at the new forces,

which, even in the Middle Ages, were beginning to operate on the margin

of cultivation.

The gradual extension of cultivation over the waste lands surrounding

the village fields, and the not infrequent addition of parts of the

lord's demesne to the tenants' holdings, was obviously the occasion, as

it took place, of a number of new agreements between the payer and

receiver of rents, which might or might not repeat the conditions of

existing contracts. When new land was broken up for tillage an attempt

seems in some cases to have been made by the manorial authorities to

assimilate its treatment, as far as payment was concerned, to that of

the existing customary holdings. The basis of the rent paid was a

comparison between the areas of the encroachments and the ordinary

holding of a customary tenant; the payment was so many ploughlands'[265]

worth, and sometimes the corresponding services were extracted from

them. On the other hand, the mere fact that the land was new land, which

did not come into the original scheme of manorial finance and

organisation, tended to make it the point from which new relationships

could spring. For one thing, it was the natural starting-point for the

process of substituting money rents for labour. When the customary

holdings offered a sufficient supply of labour for the cultivation of

the demesne, the manorial authorities naturally preferred to take the

payments for additional land in the shape of money rather than in

services of which they already had sufficient. Services are sometimes

exacted for the new encroachments, but they are the exception; and the

assimilation of the payments for these new holdings to those made for

the customary holdings was either not seriously attempted or was

unsuccessful. One can quite understand that, even if the lord wanted

labour services from those parts of the waste which were broken up and

added to the cultivated area, he might not be able to get the

improvements made on the old terms. Quite apart, therefore, from the

process of commutation, the growth of money rents developed as a natural

accompaniment of the growth of population.

[265] _Crondal Records_ (Baigent), p. 132?-133, Rental of 1287:

"The same Hugh holds certain encroachments on payment of 3

ploughlands' worth, 3 hens, and 3d. at the said term." "Emma of

Wyggeworthhall ... holds certain encroachments on payment

therefor 11s. 6d. and one ploughland's worth." These documents

throw much light on the whole process of the extension of

cultivation over the waste.

The second point is more important. It is that the rents paid for the

new holdings taken from the waste differed from such money payments as

were made for the customary holdings, in that they were not to the same

extent dominated by custom, but were to a much greater extent influenced

by competition. This contrast is the tiny seed of great changes, and may

be illustrated by an example drawn from the south of England at a

comparatively early date. At Yateleigh,[266] one of the tithings of the

manor of Crondal, the absorption of the waste by the customary tenants

went on with great rapidity even in the thirteenth century, and in the

rental drawn up by the steward in 1287 we find the rents and services

paid for the customary holdings and the rents paid for the encroachments

set down side by side. The latter fall into a definite scheme which can

be picked out at a glance. With a very few exceptions the rent charged

for an acre of land taken from the waste is always 4d., and this is the

basis for all other payments for the varying portions of waste occupied

by the tenants. A two acre piece pays 8d. For a piece of 9-1/2 acres the

payment is still about 4-1/4d. per acre, the awkward sum of 3s. 4-1/2d.

The rents and services of the customary holdings, however, cannot be

reduced to any such simple and uniform plan of adjusting rent to

acreage. In the first place all of them, whatever their size, are liable

to an initial charge of 9-1/2d., called "Pondpany." In the second place

there is only the roughest correspondence between the amount of land

held by a tenant and the payment which he makes. A holding of 22 acres

pays 2s. 10d., but so does a holding of 32 acres, while one of 29 acres

pays 2s. 2d. Holdings of 12-1/2, of 16, and of 18-1/2 acres all make

exactly the same payment of 2s. In short, though it would not be quite

true to say that the payment made bears no relation to the size of the

holding, the relation which it bears is not at all definite and precise.

It is a general relation applying rather to groups of holdings roughly

marked off from others by broad differences in extent, not to individual

holdings. There is no standard price per acre at all, such as appears in

a modern land market, and such as exists for the land taken from the

waste.

[266] _Crondal Records_ (Baigent), pp. 116?-120.

What is the reason of this remarkable contrast between the rents of

pieces of land lying quite near to each other and held by the same

tenants, which causes the payment for one set of holdings, the

encroachments, to be adjusted uniformly to the area held, and the other,

the customary holdings, to be rented apparently without any economic

plan at all? The answer is that the payments for the encroachments and

the payments for the customary holdings, if they are both to be called

rents, are rents of very different kinds. The payments made for the

customary holdings are not based directly on the economic value of the

land, but on the value of commuted services, and all the holdings,

though of unequal size, are liable to much the same services. All make a

general payment of 9-1/2d., because that sum is the value of some

payment in kind or service which they had made before the money payment

took its place. Holdings of 32 acres and 22 acres, just as holdings of

12-1/2 and 18-1/2 acres, make the same payments, because the labour

rents had been only very roughly adjusted to the size of the holdings,

and these payments are commuted labour rents, not rents fixed by putting

up an acre for leasing and taking what can be got for it. It is of

course quite true that services and the size of holdings were connected,

and that therefore the money rents which took the place of services and

the size of holdings were connected also. But the connection is rough,

arrived at by apportioning between holdings the labour services needed

to cultivate the demesne, without distinguishing precisely differences

of a few acres in the size of different holdings, and the subsequent

money rents are not adjusted to the acreage because they express the

roughness of the original apportionment.

Now clearly these considerations did not apply to the rents paid for the

encroachments which were taken from the waste. The greater part of them

had never been liable to labour services at all. Each acre stood by

itself, as it were, as simply a piece of cultivatable land of a certain

area, not part of a complex on which certain obligations had been

imposed. Each, therefore, gets a market value, based on what will be

given for it, much sooner than does the land making up the customary

holdings, which are not exposed to the levelling influence of the market

because they are bound together by their place in the social

organisation of the manor. Hence it is on this land, the land leased

piecemeal from the waste by tenants who were prosperous enough to afford

the extra outlay, that one gets the appearance of something like true

competitive rents, because it is here that commercial influences have

freest play and are least checked by their subordination to custom. In

the same way, when the tenants at Brightwalton[267] do the full quota of

work demanded, the rent of their customary holdings is abated

accordingly. But not so the rent of the new land which was once part of

the waste: in fixing its rent the lord is not checked by any collective

sense on the part of the village community; he has a free hand and will

make the best bargain he can.

[267] Camden Society, 1857. Rental and Custumal of the Manor of

Brightwalton. Under the heading virgators it is said, "If they

do the full day's work set out above each of them ought to have

his rent reduced 12d." Under the heading of villeins holding

assarted land it is said, "Be it known that no customary tenant

shall have any reduction of rent of the lands which he holds by

way of assart or in the common of Greeneholt for any office or

work to be done for the lord."

Thus, at a very early date, a fringe of leasehold land forms itself

round the manor in addition to the ordinary customary holdings. Because

it is on the margin of cultivation the initial rent is low, and because

the land is leased the rent can be raised. Exactly the same thing

applies to the leasing of the demesne, and sometimes even to the land

which one tenant hires from another, because here also the element of

competition enters to adjust rents in accordance with supply and demand

and with little regard to the influence of custom. When the greater part

of the demesne is still cultivated by the labour of villeins, and only

small plots are leased to the tenants by way of experiment, the bailiff

balances one method against the other, and recommends the resumption of

the land which "would pay better in the hands of the lord."[268] On some

manors, it is true, demesne land seems to have been merged inextricably

in the customary holdings, and to have been held later, like them, by

copy of court roll.[269] But the manorial authorities were anxious to

keep it separate precisely because it was recognised that if kept

separate it could be let at a competitive rent. Thus the charter which

was granted to the little borough of Holt[270] in Denbighshire, in 1413,

provided that the tenants should pay for "every burgage 12d., for every

curtilage 12d., for every acre of land belonging to their free burgages

12d., and for every acre of land which was wont to be of the lord's

demesne two shillings." And though, during the confusion of the

following century, much of the rent appears not to have been collected,

the Crown, of whom the burgesses hold, does not forget that a high rent

was due from the demesne, and one hundred and fifty years later requires

them to bring up their payments for it to the level fixed in 1413. At

Castle Combe, in the middle of the fifteenth century, one finds the

steward of the manor watching the land market with a view to getting the

best price that he can for the demesne, and speculating whether "any man

will ferme the parkis and the conyes at any better price above X marks

than yt ys now."[271] The same tendency towards competitive rents can be

seen equally well in the case of the land leased by one tenant from the

holdings of others, which for one reason or another have been

surrendered to the lord. Thus at Mildenhall,[272] in 1381, a villein

pays for his land nearly 1s. 6d. an acre, a very high rent, which is at

once explained when it is seen that his holding consists of pieces of

land held on a ten years' lease from the holdings of five or more other

tenants. Elsewhere one can almost see the bidding up of rents going on.

For what else can happen when the demesne lands of a manor are leased

to four tenants who, in turn, make their profit by leasing them again to

the other tenants,[273] or when a villein pays £6 to enter on two acres

of arable land,[274] or when land is worth 3s. 6d. an acre after the

rents and services have been discharged from it to the lord,[275] so

that the holder who cares to sublet can reap a substantial profit on the

difference?

[268] Camden Society, _Inquisition of the Manors of Glastonbury

Abbey_, Brentmarsh, 1189. A tenant holds "1 acre de terra

arabili in dominico, utilius esset quod esset in manu domini."

[269] _e.g._, on the Devonshire, Somerset, and Cornwall manors

surveyed by Humberstone _temp._ Phil, and Mary (_Topographer and

Genealogist_, vol. i.).

[270] MS. Transcript by A.N. Palmer of the Survey of the Manor

of Holt, 1620 (Wrexham Free Library, _Ancient Local Records_,

vol. ii.).

[271] Scrope, _History of the Manor and Barony of Castle Combe_,

p. 258 (1440?-1550).

[272] _Victoria County History_, Suffolk. I quote the writer's

remarks in full. "The bailiff's accounts for the manor begin in

that very year [1381], and the one striking feature in them is

the system of leases which appears to have gradually displaced

other kinds of tenure since the time of the pestilence. A few

are for forty years, but most are for ten or six years.... The

land so leased is not mainly demesne land. It belongs largely to

villein tenements that have fallen into the lord's hands, and

the process of consolidation described had already taken place

at Mildenhall. The land held by John Kelsynd on a ten years'

lease includes, for example, '3 acres of Frere's, Hayward's and

Willway's tenement in Bradinhawfield, 1 acre of Holmes' tenement

in Suttonfield, 5 acres of Zabulo's tenement in one piece at

Lambwash,' and the rent of the whole 22 acres is 31s. 1d., or

nearly 1s. 5d. an acre, an extremely high rent for land not

stated to be meadow or pasture."

[273] Scrope, _History of the Manor and Barony of Castle Combe_,

p. 203.

[274] Massingberd, _Ingoldmells Court Rolls_, Introduction, p.

xxx.

[275] _Ibid._

The truth is that, at any rate by the middle of the fifteenth century,

the rents of different parts of a manor are being settled on quite

different principles. They are not all customary rents, as they tended

to be at an earlier date, nor are they all competitive rents, as they

tend to be to-day. The latter are growing because of the improved

economic position of the tenants, which enables them to hire or purchase

land over and above their customary holdings, and their growth has been

greatly accelerated by the enormously increased opportunities for land

speculation which were offered when the Great Plague brought thousands

of acres into the land market. It is in the demand put forward by the

men of Essex in 1381,[276] "that no acre of land, which is held in

villeinage or serfdom, may be had at a higher rent than 4d.," rather

than in the reference to the already decaying labour services, that

there is a warning of troubles to come. But long after that, as we have

already seen, a great deal of land is still held by rents which are

customary and little influenced as yet by the play of competition. We

have, in fact, what is almost an illustration of modern theories of

rent, with this difference, that though the condition of competitive

rents being charged appears as the margin of cultivation is lowered,

custom at first prevents the owners of land from taking advantage of

their position and asking the full competitive rents from the holders of

the superior sites, so that part of the surplus is for a long time

enjoyed by the tenants. Such a state of things is clearly a precarious

one. When the tenements of Hugh and Thomas are being rack-rented there

will obviously be a strong temptation to cause Walter's to follow suit,

and if the custom is a barrier to a rise in rents, but not to a rise in

fines, to make heavy fines do on the latter what high rents do on the

former. If it had been given to our peasants to happen on some monstrous

mediæval Ricardo, would they not have wondered how long such an

intermingling of payments fixed by custom and payments fixed by

competition was likely to continue, and have foreseen, what actually

occurred in the sixteenth century, an attempt, though not always a

successful attempt, to force up the payments for customary holdings to

something like the maximum which the condition of agriculture would

allow? They would have said:--"This fellow fears not God, neither

regards he man. He is a usurer, a great taker of advantages, an

oppressor of his neighbour. We will beat him, and put him in our stocks,

and maim his cattle. Nevertheless in the bottom of his foul mind there

is some glimmering of sense, and we will give heed to his warning. The

devil brings it, but it may be that God sent it. The Court shall recite

our good customs once more, and our young men shall look to their bows.

Weapon bodeth peace."[277]

[276] Stubbs, _Constl. Hist._, vol. ii. p. 479, n. 5.

[277] The word "usury" denoted in the Middle Ages and in the

sixteenth century not merely exorbitant interest on a loan, but

any oppressive bargain, including the raising of prices, the

beating down of wages, and the rack-renting of land (see _e.g. A

Discourse on Usurie_, by Thomas Wilson, 1584). The phrase "a

great taker of advantages" comes from a complaint by the people

of Hereford against an unpopular divine who lent money at

interest and rack-rented land (_S. P. D. Eliz._, cclxxxvi. Nos.

19 and 20), and the phrase "weapon bodeth peace" from an account

of an agrarian dispute in Lancashire--it is the sort of grim

joke that stubborn and humorous people would appreciate--in _L.

and P. Henry VIII._, vol. xiii., Pt. II., p. 535. "On Sunday

night Wheateley sent his daughter to bid him to come to Parson's

Close to mow Mr. Tempest's meadow there. Had heard that whoever

should mow the meadow should be beaten off the ground, and sent

to ask if he should bring a weapon. Wheateley sent word again

'howe weapon boded peace, therefore bring his weapon with him.'

Brought his bow and shafts."

(g) _The Progress of Enclosure among the Peasantry_

While competitive conditions are creeping forward on those parts of the

village lands which have been most recently taken in, even more

momentous changes are occurring on the customary holdings themselves. By

the end of the fifteenth century we are walking through fields that are

being cut up with the hedges which give the dullest English landscape

the trim beauty of a garden. For a century and a half, while in the

great world the new state rises on the ruins of the Middle Ages, while

Tudors give way to Stuarts, and Stuarts browbeat and are browbeaten by

ever more impatient Parliaments, in courts customary and sometimes in

noisier assemblies not without arms, we shall be discussing whether

those hedges are to stand or fall. The great enclosing movement has

begun.

Like most great economic changes it has begun quietly and for a long

time men are doubtful whether it is a great change at all, and, if it is

mischievous, in what exactly the mischief consists. Nor indeed does the

mass of the population, who feel the new conditions most, ever become

quite clear on this point. Events are too various and move too swiftly

for them. They see that great men enclose with little regard to the

interests of their poorer neighbours. They curse them for their

enclosures,[278] and believe with the faith of an age which has

re-discovered the Bible, that they, like greedy Ahab, the father of

enclosers, will be cursed. When the encloser should call on God to

witness his deed the devil's name starts to his lips. His cattle are

struck by lightning, and his children do not live to reap the fruits of

his iniquity. But the peasants enclose themselves, and though they feel

the difference between one sort of enclosing and another, they are

simple men who cannot make the matter plain to lawyers and

commissioners, and when things reach a certain point they will fight it

out.

[278] For the popular attitude towards enclosures see below, pp.

313?-340, and Leland (quoted Hone, _The Manor and Manorial

Records_, p. 117): "The Duke of Buckingham made a fair park by

the Castle of Thornbury, Gloucestershire, and took very much

fair land in, very fruitful of corn, now fair lands for

coursing. The inhabitants cursed the Duke for those lands so

enclosed." I cannot refrain from quoting the following passage

(_Topographer and Genealogist_, vol. iii): "To the Right Honble.

House of Parliament now assembled, the Humble Petition of the

Mayor and Free Tenants of the Borough of Wootton Basset in the

Countie of Wilts, Humble sheweth to this Honourable House" [that

their common has been seized and enclosed by the lord of the

manor, who] "did divers times attempt to gaine the possession

thereof by putting in of divers sorts of cattle, in so much that

at length, when his servants did put in cowes by force into the

said common, many times and present upon the putting of them in,

the Lord in his mercy did send thunder and lightning from

heaven, which did make the cattle of the said Francis Englefield

[the lord of the Manor] to run so violent out of the said

ground, that at one time one of the beasts was killed therewith;

and it was so often that people that were not there in presence

to see it, when it thundered would say, Sir Francis Englefield's

men were putting in their cattle into the land, and so it was,

and as soon as those cattle were gone forth, it would presently

be very calm and fair, and the cattle of the towne would never

stir, but follow their feeding as at other times, and never

offer to move out of the way." For the allusion to invoking the

devil, see Moore, _The Crying Sin of England_, &c. It was said

that the grantees of monastic estates died out in three

generations (Erdeswick, _Survey of Stafford_, ed. Harwood, p.

55). The same was said of enclosers (Moore, _op. cit._).

In every age there are words which are sufficiently definite to become a

battle-cry, and yet which contain so many shades of meaning and are

susceptible of such varying interpretations, that those who seem to

differ most profoundly really differ because they are using the same

word to express quite different ideas. Such a word was enclosing. For

many years it was a burning question--with statesmen, with preachers,

with the mass of the peasantry. But those who tell us exactly what it

meant are few, and they tell us hardly more than is sufficient to show

that it meant several different things in different connections. The

picture of enclosure which carried Ket's followers against the walls of

Norwich was that immortalised two centuries later in Goldsmith's

"Deserted Village"; a vision of village cornfields turned into dreary

expanses of pasture, where sheep grazed amid ruined homesteads and

cattle were stalled in the mouldering churches.[279] When the scientific

agriculturists of the age eulogised enclosures, they thought of a more

orderly and productive cultivation arising in place of the intolerable

"mingle mangle" of the open fields. The Levellers, who in the

seventeenth century carried on the agitation against enclosure, had no

objection to such as took place "only or chiefly for the benefit of the

poor."[280] The panegyrists of enclosing like Fitzherbert and Norden

denounced[281] lords who made enclosure an occasion to rack-rent and

depopulate. The Justices of Nottinghamshire[282] complain to the

Government that enclosure drives people into the already overburdened

towns, but they are careful to explain that enclosures of less than five

acres in size improve agriculture without depopulating the country. The

Government itself under Elizabeth sets its face against the enclosures

which produce evictions, but nevertheless expressly sanctions the

exchanging of strips, which is desired chiefly in order that small

enclosures may be made.[283] In this phase of the eternal quarrel

between the plain man and the technical expert both the technical expert

and the plain man were right, and needed only a definition to unite

against the avarice and oppression which snatched a golden harvest from

their confusion. It is the tragedy of a world where man must walk by

sight that the discovery of the reconciling formula is always left to

future generations, in which passion has cooled into curiosity, and the

agonies of peoples have become the exercise of the schools. The devil

who builds bridges does not span such chasms till much that is precious

to mankind has vanished down them for ever.

[279] See the ballad of Nowadays (1520):

"Envy waxeth wonders strong,

The Riche doth the poore wrong,

God of his mercy sufferith long

The Devil his workes to worke.

The Townes go downe, the land decayes;

Of cornefeldes playne layes,

Gret men makithe now a dayes

A shepecote in the Church.

The places that we Right holy call

Ordeyned ffor Christyan buriall

Off them to make an ox-stall

These men be wonders wyse;

Commons to close and kepe,

Poor folk for bred to cry and wepe;

Towns pulled down to pastur shepe,

This ys the newe gyse."

[280] "The Leveller's Petition" (Bodleian Pamphlets, 1648, c.

15, 3, Linc.).

[281] Fitzherbert, _Surveying_: "I advertise and exhort in God's

behalf all manner of persons, that ... the lords do not heighten

the rents of their tenants or cause them to pay more rent or a

greater fine. A greater bribery and extortion a man cannot do

than upon his own tenants, for they dare not say him naye, nor

yet complain." Norden, _The Surveyor's Dialogue_, Book III.:

"Lords should not depopulate by usurping enclosures, a thing

hateful to God and offensive to man."

[282] _Victoria County History, Nottinghamshire_, vol. ii. p.

282.

[283] 39 Eliz. c. i.

One such distinction, however, we must draw at once. Enclosure is

usually thought of in connection with the encroachments made by lords of

manors or their farmers upon the land over which the manorial population

had common rights or which lay in the open arable fields. And this is on

the whole correct. This is what the word would have suggested to nine

men out of ten in our period: this aspect of the movement was the most

rapid in its development and the most far-reaching in its effects. But

there was another side to it which was at once earlier in point of time

and productive of quite dissimilar results. There is abundant evidence

to show that the open field system of agriculture, with its intermingled

strips and its collective, as opposed to individual, rules of

cultivation, was undergoing a gradual dissolution from within even

before the larger innovations of great capitalists gave it a shock from

without. At the very time when the peasantry agitated most bitterly they

were often hedging and ditching their own little holdings and nibbling

away fragments of the waste to be cultivated in severalty. It is, of

course, true that the effect of enclosure by the lord of a manor or

large farmer was usually very different from that of enclosure by the

customary tenants. The latter was a slow process of attrition, which

went on quietly from one generation to another, often no doubt after

discussions in the manorial court. The former was frequently an

invasion. But though their social effects were dissimilar, from a

technical point of view they were both part of the process through which

cultivation at the discretion of the individual was substituted for

cultivation in accordance with common customary rules. Enclosing by

lords and large farmers was not so much a movement running counter to

existing tendencies, as a continuation on a larger scale and with

different results of developments which in parts of England were already

at work. Great changes are best interpreted in the light of small, and

it will therefore be worth our while to look shortly at the sort of

enclosing which was being carried out by the peasantry themselves.

First, one may review briefly what is told us by those who wrote on the

technique of agriculture. Fitzherbert[284] and Hales in the sixteenth

century, Norden and Lee in the seventeenth, make it quite plain that,

apart from enclosures carried out by lords of manors, a movement is

going on among the tenants which is also known by the name of enclosure.

It has as its object the formation of compact fields out of the

scattered strips, and the substitution of closes surrounded by hedges

for rights of grazing over the common pasture, meadow, and waste. It

has as its effects a great increase in the output of wheat,

opportunities for better grazing and stock-breeding, and a consequent

rise in the value of land; the improvement being partly due to

psychological[285] reasons, to the fact that a man who has a free hand

will put more labour into the land than one who is fettered by customary

rules, partly to technical causes such as the better draining and

cleaning of land which the enclosure of arable ground makes possible,

the greater security offered against damage done by straying cattle, the

improvement in the quality of pasture when it is no longer liable to be

eaten bare by the beasts of a whole township. The method by which such a

change takes place is re-allotment. The construction of

hedges--enclosing--is simply the machinery by which the new lines of

demarcation between one man's land and another's are drawn and kept

firmly in their place; and though the word _enclosure_ gives a vivid

picture of the alteration which is produced in the appearance of the

country, _re-allotment_ or _redivision_ of land describes much better

the process by which it is brought about. The ideal form of it is

described by Fitzherbert.[286] All the landlords in a village must come

to an agreement that their tenants should exchange their holdings with

each other. An exact statement of the area of land in tillage and

pasture held by each tenant must then be made. When this has been done,

every man is "to change with his neighbour, and to leye them (_i.e._ the

acres, which were formerly scattered) together, and to make him one

several close in every field, to leye them together in one field and to

make one several close for them all; and also another several close for

his portion of his common pasture, and also his portion of his meadow in

a several close by itself, and all kept in several both winter and

summer. And every cottager to have his portion assigned to him according

to his rent." Such enclosure does not, it is contended, interfere

unfairly with any one's vested interests. It makes a spatial

rearrangement of property, but it does not alter its economic

distribution. It does not result in evictions or depopulation. It simply

converts rights exercised jointly over a larger area into rights

exercised individually over a smaller one. The map is dissolved into

scattered pieces, but it is put together again; and when it is put

together all the pieces are still there. The tenants part with shares in

the common fields, meadows, and pastures, to get smaller fields,

meadows, and pastures to themselves. The latter are more valuable than

the former. What is lost in extension is gained in intension.

[284] Fitzherbert, _Book of Husbandry_. Norden, _op. cit._: "One

acre enclosed is worth one and halfe in common." _Commonweal of

this Realm of England_, p. 56. Lee, _A Vindication of a

Regulated Enclosure_.

[285] _Commonweal of this Realm of England_, p. 49: "That which

is possessed of many in common is neglected of all."

[286] Fitzherbert, _Surveying_, chap. xl.

But this account is an ideal one, a description of the most excellent

way, not necessarily a description of what is being actually done. For

that we must turn to the surveys. In the picture of agriculture which is

given by the surveyors one can see the open field system of cultivation

at almost every stage of completeness and disintegration at different

places. On many manors there is hardly any sign of the scattered strips,

which make up the individual tenant's holding, coalescing into

compactness, hardly any sign of encroachments upon either the common

pasture or the meadow or the waste. Elsewhere one finds that though the

bulk of the land still lies in the open fields, and though the greater

part of the meadow and pasture is undivided, a considerable proportion

has been enclosed by the tenants and is held in severalty. Elsewhere one

finds the common meadow split up and the arable enclosed, the arable

enclosed and the waste unenclosed, or all of them enclosed more or less

completely. It would be of great interest and importance to determine

the relative preponderance of enclosure by the tenants in different

parts of the country, and to see how far the districts where this type

of enclosure by consent had been commonest were identical with those

where the reports of the Royal Commissions of the sixteenth and

seventeenth centuries show that depopulating enclosures made least way.

Very probably it would be found that the latter movement went on least

rapidly where the former had proceeded furthest, and that where the

tenants themselves had from an early date substituted enclosed for open

field husbandry, as apparently they had in Kent, Essex, Cornwall, and

parts of Devonshire[287] they had least to fear from that kind of

enclosure which was accompanied by encroachments on the part of manorial

authorities, and which seems to have produced most dislocation in the

Midlands and Eastern counties. But this is a suggestion which our

material is too scanty either to confirm or disprove. Enclosure by

consent did not cause popular disorder; and therefore we cannot say,

taking the country as a whole, how far enclosure on the part of the bulk

of the smaller tenants had proceeded. We can only give cases which show

that on some manors it had advanced very far, and which bear out the

evidence of the writers on agriculture as to there being a well-defined

movement away from open field husbandry on the part of the peasants

themselves, without attempting to determine its extent or its

geographical distribution.

[287] _Commonweal of this Realm of England_, p. 49. _Victoria

County History_, Essex. I am inclined to say "almost certainly"

rather than "very probably" (see below, pp. 167 and 262?-263).

Look, first, for example, at the picture given by the Commission of

1517. Thanks to Mr. Leadam,[288] we are able to say what the average

acreage of the enclosures in each county represented was, what

proportion of the enclosures was due to lords of manors, lay or

ecclesiastical, and what proportion was due to the tenants. Now it is

generally, though not universally, true that the enclosures reported to

this Commission fall into two main types. The first consists of

considerable enclosures carried out mainly by lords of manors. The

second consists of smaller enclosures carried out mainly by other

classes. Thus the five districts where the average size of the

enclosures made is largest are Cambridgeshire, Gloucestershire,

Yorkshire North Riding, Yorkshire West Riding, Yorkshire East Riding,

where it is 129, 96, 84, 77, 62 acres respectively, and in these the

proportion of the enclosures which is due to the lords of manors is high

also--72 per cent., 52 per cent., 79 per cent., 92 per cent., 64 per

cent. Contrast with the position in these counties that obtaining in

Berkshire, in Salop, and in London and its suburbs. In Berkshire the

average size of an enclosure is 32 acres, in Salop 18, in London 10, and

in these districts the lords play a much smaller part in enclosing.

They are responsible for 42 per cent. of the acreage enclosed in

Berkshire, 12 per cent. of that enclosed in Salop, 3 per cent. of that

enclosed in the vicinity of London. Does not this suggest that in parts

of the country--we cannot yet say what parts--there is much small

enclosing by small men?

[288] _Trans. R. H. S._, New Series, vol. vi., and _The Domesday

of Enclosures_.

Turn next to the story told by the surveys. Though Wiltshire is on the

whole a country of recent enclosure, there was a certain amount of

several farming on the part of the customary tenants on the Wiltshire

manors in the middle of the sixteenth century. Out of 4128-1/4 acres

held by them on eight manors the surveys show that 202-1/4 acres lie in

closes.[289] This is a very small proportion, only 5 per cent., and

suggests that on most of them the holdings lay in the open fields, and

that, as a general rule, the common utilisation of meadows and pastures

still obtained. On one, however, as much as 132 acres out of 1103, or

just under 12 per cent. were enclosed, and at best these are minimum

figures which do not accurately represent how far the movement had gone;

for, though a surveyor would not describe unenclosed land as enclosed,

he might very well class enclosed land with other land of the same

description, for example as meadow or pasture, and omit to state that it

was occupied in severalty. On some Staffordshire[290] manors again there

are similar tentative beginnings of enclosure, and a similar

impossibility of determining its actual extent. Then, too, there are

manors where the greater part of the land still lies in the open fields,

but where enclosure has proceeded a little further. At Salford,[291] in

Bedfordshire, eight of the tenants have enclosed about 51 acres, which

they hold separate from, and in addition to, their holdings in the open

fields, in amounts varying from 2 to 17 acres. At Weeden Weston,[292]

in Northamptonshire, the three largest tenants (apart from the farmer of

the demesne) hold "in several ground enclosed" 28 acres. In addition to

this, part of the manor called "the mere land," the exact nature of

which is obscure, has been broken off and split up among all the

fourteen tenants, some holding only 2 or 3 acres, others holding 15 or

20 acres. Finally, as examples of manors where enclosure by the

customary tenants was carried furthest, we may take those of

Edgeware[293] and Kingsbury in Middlesex. From the admirable maps of

these two manors, which were made in 1597, no one could even guess that

the open field method of cultivation had ever existed there. The land of

each of the numerous tenants lies in fields, often quite small fields,

which are separated from each other by hedges. Instead of the "spider's

web" of the older method we have the irregular chessboard of modern

agriculture.

[289] Roxburghe Club, _Surveys of the Manors of William, First

Earl of Pembroke_. The manors are South Newton, Washerne,

Donnington, Knyghton Estoverton and Phiphelde, Wynterbourne

Basset, Byschopeston, and South Brent and Huish (the last in

Somersetshire.) The manor where most is enclosed by the

customary tenants is Donnington.

[290] _e.g._, R.O. Rentals and Surveys, Gen. Ser., Portf. 14,

No. 70, Barton (3 & 4 Ph. and Mary): "J. Whiting ... 1 close of

7 acres by copy ... J. Whiting ... 1/2 virgate ... 1 intake of 2

acres by copy."

[291] All Souls' Maps (survey on back of map of Salford).

[292] _Ibid._, Weedon Weston.

[293] _Ibid._, Edgeware and Kingbury. All these four instances

come from the last decade of the sixteenth century.

These instances tell us nothing of the origin, extent, or distribution

of the movement which they represent. They are useful merely as offering

concrete specimens of enclosure on the parts of free and customary

tenants, which confirm what is told us by the surveyors. There was

certainly a well-defined trend away from the methods of common field

agriculture taking place in the course of the sixteenth century and

before it on the part of the peasantry. We can, however, go further than

this; and premising that in the infinite variety of rural conditions in

different parts of the country any classification must be somewhat

arbitrary, we can distinguish two main elements in the movement.

In the first place there is among the tenants on some manors something

like a deliberate movement towards the substitution of "several" for

open field husbandry. This was a change which occurred almost

spontaneously when the economic interests of the majority of tenants

were pushing in the same direction, and can be seen affecting both

pasture, meadow, and arable holdings. The Commission[294] of 1517 found

that in certain places land had been enclosed neither by individual

landlords, nor by individual tenants, but by "the village," and the

manorial documents give us a clue to what such entries mean. In the

surveys of the sixteenth century we not infrequently find that meadows

and pastures which were originally occupied in common have been split up

among the tenants, so that each has the exclusive occupation of a few

acres, the share which each tenant takes being proportioned more or less

exactly to his holding of arable in a manner which precludes the idea

that the change can have taken place by piecemeal individual

encroachments, or in any way except by an intentional redistribution of

land, in which the interests of all the tenants received

consideration.[295] Such a division of meadow and pasture is paralleled

by cases in which the re-allotment of arable holdings is carried out

both by freeholders and by copyholders almost exactly in the manner

prescribed by Fitzherbert. Thus at Ewerne,[296] in Dorsetshire, the

customary tenants got permission from the lord to make enclosure on the

open fields; appointed persons to "extend and tread them out," and then

united the dispersed strips into compact holdings, so that "the more

part of the manor was enclosed, and every tenant and farmer occupied his

land several to himself." At Mudford, in Somersetshire, the tenants were

found by the surveyor in 1568 to be contemplating the same step. A

similar course was taken in the early seventeenth century on several

Northumbrian manors, of which Cowpen[297] may be taken as a typical

example.

[294] _e.g._ Whitecote (Salop) 40 acres, and at Wyndeferthing

(Norf.) 25 acres are enclosed by the _villata_ (see Leadam,

_Trans. Royal Hist. Soc._, New Series, vol. vi.).

[295] Roxburghe Club, _Surveys of Pembroke Manors_. At Washerne

nineteen out of twenty-one customary tenants held separate

pieces of meadow and pasture, the largest 7-1/2 and the smallest

3-1/2 acres, but usually almost equal. At Donnyngton, twelve out

of thirty-two customary tenants had pieces of land "extractum de

communia." R.O. Rentals and Surveys, Duchy of Lancaster, Bdle.

3, No. 29, Agarsley (Staffs., 1611).; here the pasture appears

to have been divided up among the copyholders, but there are

considerable inequalities in their shares.

[296] _Topographer and Genealogist_, vol. i.

[297] _Northumberland County History_, vol. ix. In this case

enclosure was carried out by the freeholders. But the procedure

is similar to that at Ewerne. The allusion to "justice and

right" shows what the reason for the intermixing of strips had

been.

The procedure followed by the freeholders of that township was to get

their land surveyed by an expert, to divide it into two great portions,

and to agree that each man should have an allotment in one or other of

the two divisions proportionate to the holding which he had occupied in

the open fields, due regard being had to the quality as well as the

acreage of each holding, "so that some have not all the best ground and

others all the worst, but that each man have justice and right." Such

instances may prove to be exceptional in the sixteenth century; it is

our impression that they were, and that the attempts which the peasantry

made to overcome the difficulties associated with the open field system

of cultivation more often took the form of individual exchanging of

strips, than of a formal agreement to abandon one method of cultivation

and to adopt another. But, even though exceptional, they are of some

interest as offering complete examples of changes which have been going

on more generally on a smaller scale and in a less systematic manner.

They afford a striking contrast to the enclosing by the manorial

authorities which we shall examine in a future chapter, and offer an

analogy to the enclosures which were carried out in the eighteenth and

nineteenth centuries. They resemble the latter in being a deliberate

attempt to make a clean sweep of the old system of open field

agriculture. They differ from them in being the outcome of voluntary

agreement among the tenants, not of legislation.[298]

[298] We know why lords wanted to enclose much better than we

know why tenants wanted to enclose. Here is a petition from a

freeholder (_Northumberland County History_, vol. v. undated):

"To the Right Honourable Earl of Northumberland, William Bednell

... gent., humbly prayeth: That where the said village of Over

Buston is held in common ... it would please your good lordship

to consent that partition may be made of the same, and that also

there may be convenient exchange of the arable lands lyinge in

the common fields there to be rateable reduced into severall by

the same partition for the reasons under-written.

"First, for that the common and pasture of the said village

lying open, unfenced upon the common and fields of Wordon and

Bilton, wherein are many tenants and great number of cattle, the

profits of the same are continually by them surcharged, and your

lordship's tenants prevented.

"By reason hereof divers quarrels and variances have happened,

and daily like to ensue between the tenants of both towns, by

chasing, rechasing, and impounding of their cattle damage

fezant, which cannot be kept out but by perpetual staffherding,

to the great charge of your honour's poor tenants.

"Your lordship's tenants being four in number, unprovided to

keep able horses by reason of the want of convenient pastures

and meadow, may be enabled by this particion for that purpose.

"Inclosure would greatly strengthen the said village, and your

lordship's tenants, against the incursions of Scotts and foren

ryders, which otherwyse, lying open, cannot be defended by the

number there, who are forced to watch generally together every

night, to their great charge and endurable toil.

"This breeding betterment to the soil and ease to your

lordship's tenants will augment your honour's revenue there,

avoid forren commoners, prevent contentions, enable your

lordship's tenants to do your honour their requisite service,

and bind your orator to pray that your lordship live long in

happy state."

Much more general, however, than enclosure by agreement of the whole

township, is the enclosure which takes place through the initiative of

individual tenants, who, without any common agreement as to a policy of

enclosure being reached by the village community as a whole, make

sporadic encroachments on the common pasture or waste, and consolidate

their arable holdings by exchanging strips with their neighbours. Our

best information on the first point is obtained from the manorial court

rolls. The court was the guardian of the customary methods of

cultivation. How far it could maintain them against a lord or his farmer

who wished to break them down, and how far it was merely his mouthpiece,

is a difficult question, which we need not at present discuss. Certainly

it did occasionally uphold the common rule of the township even against

the lord; certainly the mere fact that when that rule is uncertain the

lord refers the matter to the court in the form of a series of questions

which it is to answer, gave the tenants the opportunity of building up a

kind of case law which can hardly have failed to act as a brake upon

arbitrary action by the manorial authorities. But however impotent it

may often have been when confronted by an enclosing lord of the manor,

its rules set very effective limits to the discretion exercised by

tenants in their agricultural arrangements, and it checked enclosing by

individuals for several reasons. It was of the essence of the open field

system of tillage, and of the joint use of common meadows and pastures,

that unauthorised encroachments by a single tenant should be an

inconvenience to his neighbours. If made on the arable, they might

interfere with the customary rotation of crops, and would certainly

diminish the area of land available for the village cattle on the

fallows and after harvest. If made on the common waste, they threw the

village economy into confusion by upsetting the arrangements under

which each holding could place so many beasts to be grazed there. "It

is both law and reason," wrote a surveyor grieved by such aggression on

the part of a large tenant, "that every tenant of like land and like

rent have like portion in all things upon the common pasture."[299] The

court, as the upholder of manorial custom, was occupied with discovering

and checking breaches of it. On manors where there was not sufficient

grazing land to allow of each tenant pasturing as many beasts as he

pleased, it fixed "the stint" which each was allowed to turn out on the

common. It decided whether rights of pasture were confined to old

tenements or whether they could be extended to cottages recently

erected. It made rules as to what fields should be sown with what crops.

It would fine a man "for refusing to consult his neighbours touching the

common affairs of the township."[300]

[299] _Northumberland County History_, vol. v. The Surveyor of

Buston (1569).

[300] _Ibid._

Such action does not, of course, necessarily imply any highly developed

communal organisation of village life. When four householders to-day

bring an action against a fifth who has interfered with "ancient

lights," they act simply as individuals who are temporarily united in

defence of a common interest, and when a court customary fines a man for

over-stocking the common pasture, it is possible to argue that there is

no more in its action than the temporary alliance of individuals to

suppress a nuisance. Yet such a view of the matter is incomplete. The

common interest is there in both cases; but in the case of the village

community it is a permanent, not merely a passing, ground for

co-operation; and if we must take to heart the warnings given by some

legal historians not to see communism where there is only joint action,

we must also insist that common action, which is in effect communal

action, is quite possible without those who act either possessing, or

feeling the need of possessing, any definite status.[301] It is perhaps

not too presumptuous to suggest that the very precision with which the

lawyer applies his keen analysis of juristic conceptions to remove the

misconceptions of the lay mind, is sometimes an obstacle to the

understanding of forms of organisation created by the daily routine of

men quite unversed in the law. An employers' association or a trade

union to-day in an industry which is not highly organised is, during

two-thirds of its life, a mere collection of individuals. But in an

emergency it can show very effectively that it is the organ of a common

will. It is surely rather hard to deny the peasantry some measure of

corporate management of common interests because they cannot answer

questions as to the legal nature of a corporation, because they do not

express their communal arrangements by the use of terms of art which

they would not have understood. The economist, at any rate, will look at

practice rather than theory. He will be inclined to doubt whether the

villagers were any clearer as to the basis of their associated action

than the mass of trade unionists were between 1875 and 1906. But he will

see that, like trade unionists, they do in fact habitually act together

and act effectively for the regulation of their common interests. No

doubt such action was often mere adherence to a customary rule. But it

is possible again to draw the antithesis between custom and organisation

too sharply. After all custom does not work by itself. Especially in

times of change, like the sixteenth century, it only works in so far as

men make it work. On some manors it is frequently changed by the court,

and clearly, when it is changed, we have not automatism but deliberate

action.

[301] For references to the discussion on this point, see below,

p. 244.

But the power of a rule is not recognised till it is broken, and it is

just these collisions between the plan of cultivation upheld by the

court and the interests of individual tenants, which show how prevalent

are the small enclosures made by the latter. They begin very early and

are increasingly frequent throughout the fifteenth century. Let us make

the picture more precise by giving one or two instances. In 1405 some

customary tenants at Forncett[302] are fined 2s. 2d. because "they have

made enclosures of their lands within the manor against the custom of

the manor, on account of which action the tenants of the manor are not

able to have their common there." In 1418 the court at Castle[303] Combe

presents that three tenants "have sown the common fields and kept them

several without the licence of the lord, when they ought to be common,

to the common damage." At Ingoldmells,[304] in 1437, the court impounds

the sheep of some tenants who have "entered upon the fields of Burgh and

occupied the common there, where they have no common." At Coventry[305]

from the middle of the fifteenth century, and at Southampton[306]

throughout almost the whole of the century and a half following,

continuous war was waged by the Court Leet against those who "oppressed

the common" by over-stocking it with more than their authorised quota of

beasts. Yet, in spite of elaborate and ever-changing regulations which

were made as to the number which any person might place upon it, in

spite of bye-laws requiring them to be delivered personally or through a

servant into the charge of the town herdsman, ruling off aged animals

which were past work, and imposing heavy fines on offenders, the

constant references in the documents of the sixteenth century to pieces

of land which are held by customary tenants in severalty show that this

sporadic individualising of part of the manorial area had to a great

extent broken down the customary routine of cultivation, even on manors

where no extensive enclosures were carried out by the manorial

authorities.

[302] Davenport, _History of a Norfolk Manor_, p. 80.

[303] Scrope, _History of the Manor and Barony of Castle Combe_,

p. 236.

[304] Massingberd, _Ingoldmells Court Rolls_, p. 276.

[305] M.D. Harris, _Coventry Leet Book_, vol. ii., pp. 445, 456,

510, and elsewhere.

[306] Hearnshaw, _Court Leet Records of Southampton, passim,

e.g._ 1551: "Thomas Betts and Thomas Fuller continue to oppress

the common with sheep, therefore they are fined 8s. each" (p.

21).

So far we have spoken of the encroachments by tenants on the common

pasture. The growth of several occupation could occur there with less

disturbance than on the arable holdings, because, if the pasture was a

large one, the clipping off of a corner might leave the other tenants

with more than was sufficient for their cattle. But enclosure made by

one tenant on the open arable fields created a disturbance which was

immediate and obvious. Indeed, if his holding lay in scattered strips,

separated from each other by the strips of his neighbours, how could he

enclose at all? He would at once come into collision with their demand

that his holding should lie open for grazing purposes after harvest.

Moreover, even from his own point of view, enclosure could hardly

pay, for he would have to put hedges round each of 30 or 40 or 50 acre

and half acre plots. One would expect, therefore, that individual

tenants would be slow to undertake the hedging and ditching of their

arable holdings; and this expectation is on the whole confirmed by the

impression which one gets from the surveys and from the accounts of

contemporaries.[307] On the tenants' arable land enclosure has not

proceeded by the middle of the sixteenth century as far as on their

pasture and meadow. Yet, even in this matter, the tendency is perhaps to

exaggerate the stability of agricultural conditions. Even on the arable

fields themselves individual tenants set themselves to overcome the

obstacles in the way of enclosure, and they do so in the only way they

can, by attempting first of all to consolidate their strips into larger

holdings. This tendency is revealed most clearly by the open field maps.

The picture of mediæval agriculture, to which Mr. Seebohm has accustomed

us, is one in which holdings were made up of strips which lay scattered

over the open fields at a considerable distance from each other. In the

sixteenth century this condition of things survived in its entirety on

many manors and partially on most. But, side by side with it, there is

going on a process by which the strips coalesce into larger bundles, so

that one tenant's pieces of land, instead of being far apart, very often

lie next to each other, forming blocks of several acres. Those who make

maps show the change by putting brackets round the contiguous

strips.[308] Written surveys, instead of describing parts of holdings

with the words "lying between the land of A and the land of B," call

attention to the new condition of things, which is still sufficiently

unusual to deserve remark, with the words "lying together."[309]

Sometimes in the maps one finds twelve or twenty strips bracketed as

belonging to one man; sometimes the surveys state that 16 or 20 acres

lie together. But even 10 acres is a big field, quite big enough to

repay the cost of hedging and ditching. When sufficient strips have

become contiguous to form a close of this size one great obstacle to

enclosure has been removed. Unity of cultivation has been added to unity

of ownership. The difficulty that enclosure will probably, though not

necessarily, mean the exclusion of the other tenants' beasts after

harvest still remains. But an individual tenant will no longer find

enclosure impossible if he can persuade his neighbours to acquiesce in

it. In fact he does sometimes persuade them, and in the midst of fields

which are still open one finds here and there blocks which have been

enclosed.

[307] _e.g._ _The Commonweal of this Realm of England_, p. 56:

"And weare it not that oure grounde lieth in the common fieldes,

intermingled one with another, I thincke also oure fieldes had

been inclosed, of a common agreement of all the townshippe,

longe ere this time."

[308] See opposite, the map of part of Salford.

[309] Merton Documents, No. 5209, Rental of Ibstone (about

1600): "Item, Thomas Skott holdeth ix acres as it is estymed

lieinge together in Tillage." "John ... holdeth 16 acres of

Lande lieinge together in Redfield."

[Illustration: I. PART OF THE MANOR OF SALFORD, IN BEDFORDSHIRE (1590.)]

[Illustration: II. PART OF THE MANOR OF EDGEWARE, IN MIDDLESEX (1597.)]

[Illustration: III. MAP OF PART OF THE MANOR OF MAIDS MORTON IN

BUCKSHIRE (1580.)]

[Illustration: IV. MAP OF PART OF THE MANOR OF CRENDON IN

BUCKINGHAMSHIRE (ABOUT 1590.) ]

[Illustration: V. MAP OF PART OF THE MANOR OF WEEDON WESTON IN

NORTHAMPTONSHIRE (1590.)]

[Illustration: VI. MAP OF THE MANOR OF WHADBOROUGH IN LEICESTERSHIRE

(1620.)]

Nor can we doubt that this process of forming strips into blocks took

place through deliberate action on the part of tenants, though we need

not assume that the probability of its leading to enclosure was always

foreseen. The amalgamation of the scattered parts of a single holding

had sufficient advantages to commend it without any further change, and

enclosure may often have been an afterthought. How could this

amalgamation come about? It would naturally take place by a process of

exchange[310] between tenants. As we have seen, the tenants were from an

early date buying and selling, leasing and sub-letting, parts of their

holdings. What could be more reasonable than that in doing so they

should have regard to the situation of the plots which they acquired,

and so arrange their bargains as gradually to substitute a few larger

blocks for many scattered strips? This hypothesis (for it is only a

hypothesis) receives a certain amount of confirmation from a curious

fact to which attention was called for the first time by Professor

Unwin.[311] It occasionally happens that we find the very tenants who

sell and let part of their holdings are buying and leasing parts of

other holdings from their neighbours. Thus, at Gorleston,[312] in

Suffolk, a customary tenant sublets about half his holding of 12 acres

to as many as eight other persons, and at the same time acquires plots

of land from another eight holdings himself. At Crondal[313] Richard

Wysdon adds enormously to his half-virgate by encroachments, and at the

same time sublets 2-1/2 acres to Hugh Sweyn. Henry Simmond enters on

land belonging to the same Richard Wysdon, and in turn transfers 8 acres

of his holding to Matilda Huthe. What is relevant to the question in

these transactions is not the mere sub-letting and selling of land.

That, as we have seen, was common enough. The noticeable thing is that

the same tenant who surrenders part of his holding acquires part of the

holdings of other people. After the transactions are completed he holds

about as much land as before, only it is differently arranged. May it

not be that the desire that it should be differently arranged was one of

the motives of the double transaction, and that in this way he sought to

substitute for his dispersed strips a compacter and more manageable

holding? Is he not like a shareholder who sells out Canadian Pacifics

and invests in Consols, in order to have his property more directly

under his own eye? At any rate such an explanation would account for the

undoubted fact that in the sixteenth century holdings are much more

compact than they are in the thirteenth century. But whether it is

correct or not the growth towards compactness is a fact, and a fact

which makes possible the enclosure of holdings in the open fields.

[310] Exchanges are not uncommon, _e.g._ Roxburghe Club,

_Pembroke Surveys_, Manor of South Brent and Huish: "Note that

the same Thomas with leave of the Court has exchanged the said

acre lying near Appleworth with John Moore, customary tenant of

the lord, for one acre lyinge in Holmefield." Mr. Kolthammer has

called my attention to a case (Ashford Court Rolls, 1605), in

which a tenant gives up a number of half acre strips lying

between the lands of another, and receives in exchange some

strips of the latter which lie between his own.

[311] _Victoria County History_, Suffolk, Social and Economic

History.

[312] _Victoria County History_, Suffolk, Social and Economic

History.

[313] _Crondal Records_ (Baigent), pp. 134, 149, 152, 154-155.

It is plain from these and similar instances that there was a

well-defined movement from the fourteenth century onwards which made for

the gradual modification or dissolution of the open field system of

cultivation, and that it originated not on the side of the lord or the

great farmer, but on the side of the peasants themselves, who tried to

overcome the inconvenience of that system by a spontaneous process of

re-allotment, sometimes, but not always, in conjunction with actual

enclosure. On one manor it proceeded by the piecemeal encroachments of

individuals, on another by the deliberate division of the common meadow

or pasture, on a third by the voluntary exchanging by tenants of their

strips so as to build up compact holdings, on a fourth by the

redistribution of the arable land. It was a spontaneous movement in the

sense of being initiated by the tenants and not merely forced upon them.

The economic, as distinct from the legal, arrangements of the village

community were much less rigid than some of the books about it would

suggest. The open field system of cultivation was, in fact, already in

slow motion in several parts of England, when the impact of the large

grazier struck it, enormously accelerated the speed of the movement, and

diverted it on to lines which were new and disastrous to the bulk of the

rural population.

This aspect of the enclosures, though not overlooked by contemporaries,

has perhaps hardly received the emphasis which it deserves from modern

writers. For one thing, a recollection of it explains certain apparent

contradictions, the difference in the views expressed by different

writers in the sixteenth and seventeenth centuries as to the social

effect of enclosures, the disagreement between Mr. Leadam and Professor

Gay as to whether enclosing was or was not usually followed by

conversion to pasture, the strange statement of Hales[314] that "the

chief destruccion of Townes and decaye of houses was before the

beginning of the reigne of Kynge Henry the Seventh." The latter remark

can hardly have been true of the great and sudden evictions which caused

rioting and depopulation, and evoked the long series of statutes which

begin in 1489. It may well have been a curt summary of the impression

produced by a century of gradual consolidation and piecemeal enclosures

carried out by the smaller cultivators. It would seem, again, to be the

case that while landlords usually enclosed with the object of putting

sheep where men had been, the tenants of customary holdings enclosed

simply for the sake of better arable farming, or for the more convenient

employment of meadow and pasture land. That is why Hales could make

himself detested by landlords as the chairman of the only effective

committee of Somerset's ill-starred Enclosure Commission, and at the

same time say that certain kinds of enclosure are "very beneficiall to

the commonweal." That is why Fuller and Moore a century later could damn

enclosure in one sentence and qualify their verdict in the next. That is

why Moore's numerous critics could repudiate his aspersions with some

acrimony, and nevertheless admit that "when townes are in the hands of

one or few men ... enclosure doth produce depopulation."[315]

[314] "The defence of John Hales agenst certyn sclaundres and

false reaportes made of hym" (Appendix to Miss Lamond's

introduction to _The Commonweal of this Realm of England_, p.

liii.). Two things make the effect of the fifteenth century

enclosures obscure. First, the pamphlets on popular grievances

which begin in the sixteenth century were hardly possible before

the general use of the printing press. Second, in the sixteenth

century people appealed to the Tudor government for protection

because it was strong enough to give it. In the fifteenth

century there was no Government to preserve order, let alone

protect the poorer classes. Even if there were, therefore,

extensive enclosures producing depopulation, we might very well

hear little of them. But, while confessing ignorance, I think

Hales' statement compatible with the view expressed above and on

page 138, note 1, that the fifteenth century was a time when the

consolidation of holdings was going forward slowly through the

small speculations of the peasants.

[315] _A Vindication of the Considerations concerning Common

Fields and Enclosures_ (Pseudonismus).

For another thing, the prevalence of small enclosures suggests that the

view of those who represent the agriculture of the period as needing a

violent shock to rouse it from a state of intolerable inefficiency can

only be accepted with considerable qualification. We know that by the

middle of the sixteenth century in certain counties, notably Kent,

Essex, and Devonshire, the common field system of cultivation was

already the exception and not the rule. We know, too, that though in

parts of these counties its absence may have been due to differences in

the original forms of settlement and clearance, it had elsewhere

disappeared within historical times. We may conjecture that the reason

why it decayed sooner in Kent and Essex than elsewhere was the fact that

the neighbourhood of those counties to London and the sea, and to the

commercial routes from the Continent, caused the influence of commerce

and of a money economy to be felt there sooner than in the Midlands,

with the natural result of accelerating economic and agrarian changes,

and that in the examples quoted above we have the same process of

individualisation in the method of agriculture going on quietly

elsewhere in a way which would sooner or later have brought about a

similar result to that which had already occurred in those two

progressive districts. At any rate these rearrangements suggest a good

deal of adaptability among the tenants who carried them out, and not the

condition of organised torpor which some writers profess to find in the

unenclosed village. That communal cultivation was incompatible with

swift change may be granted. Of that fact its survival into almost our

own day is a sufficient proof. That it prevented improvements altogether

must be denied; and though no doubt to large farmers and impatient

surveyors the petty operations of the smaller tenants seemed intolerably

dilatory and wasteful, the student who looks at them in an age which has

some experience of economic revolutions may well doubt whether rapid

technical progress cannot be bought too dear, and regret that the

gradual movement towards more rational methods of farming on the part of

the small man was so soon overtaken by one over which the small man

could exercise no effective control. Now, as then, land agents shake

grave heads at the wastefulness of sacrificing the well-ordered dignity

of a great estate to the encouragement of undercapitalised, untidy,

higgledy-piggledy small holdings, and prove by arithmetic that the

labourer has more comforts for less work. Now, as then, in those

countries where the peasant tradition has not died altogether away, the

unreasonable creature prefers starving on land which is his own, though

it be but a tiny patch where he sweats from dawn to dark.

If it be objected to the view which we have taken of the slow spread of

enclosure among the peasantry that they were notoriously opposed to

enclosing, we must answer by repeating that there was nothing

inconsistent in approving one kind and detesting another. After all

there is no curse attached to landmarks, but only to the man who removes

his neighbour's. Even in an open field village no one had a

conscientious objection to fences in general; it all depended on where

the fences were put. The object of enclosure was to shut in, or to shut

out, or to do both. The villagers were not unwilling that an agreement

should be reached whereby each man should shut his own beasts in a close

of pasture, and shut out the beasts of other people from his arable

after harvest. On the contrary, it was sometimes a grievance[316] that

enclosure was not allowed. What they objected to was that one man should

exclude others without compensation from rights of pasture or from their

arable holdings. Moreover, provided that enclosure took place by

consent, the advantages of it were overwhelming. When the superior[317]

value of enclosed over unenclosed land was so marked that the former was

sometimes assessed to subsidies at a higher rate than the latter, a man

who, like many of our tenants, had money to spend on timber, would

naturally wish to enclose. The growth of pasture farming by large

graziers turned the minds of the smaller tenants in the direction of

enclosing for themselves, because this, paradoxical though it may seem

when the outcry against enclosure is remembered, was the most obvious

way in which they could protect themselves. The explanation is that the

system of open field cultivation and of common pasturage made it

peculiarly easy for one large shareholder to ruin the rest by letting

his cattle stray at large over the common, and even by encroachments on

his neighbour's strips. Its underlying principle had been the

apportionment of rights on a basis which was settled by the custom of

the manor, as opposed to the acquisition by individuals for themselves

of such rights as they could obtain by economic power, or by the

accumulation of capital. This was the meaning of the strict allotment of

grazing privileges by the establishment of a stint which each tenant, or

rather each tenement, was not to exceed. The limitation to the capital

which a man could acquire in the shape of stock--cattle and sheep--was

practicable as long as that capital was small. When it became large, as

in the sixteenth century it did, it was too powerful to be dammed up by

the rules as to cultivation enforced in the manorial court, and the

outward sign of this was the failure of the latter to prevent the

"overcharging" both of the common waste, and of the common pasture

formed by the field after harvest, with the beasts of the large grazier.

Hence in some places the enclosing of pasture or arable was used by the

tenants as a way of protecting themselves: at Mudford the tenants, at

Newham and Tughall the surveyor in the interests of the tenants, at

Southampton the Leet jury, were anxious[318] for enclosing, in order

that the weak barriers which the custom of the manor offered to the

farmers' or to neighbouring villagers' depredations might be

supplemented by a strong quickset hedge. What damaged the smaller

tenants, and produced the popular revolts against enclosure, was not

merely enclosing, but enclosing accompanied either by eviction and

conversion to pasture, or by the monopolising of common rights. When

some of the tenants became large capitalists, what the rest lost by

surrendering common rights might be more than compensated by the

security which they thus obtained of grazing their own beasts

undisturbed on a smaller area.

[316] _Topographer and Genealogist_, vol. i., Survey of

Whitford: "I woulde wish that the same [the common] were divided

among the tenants yielding some small rente ... the poore men

with dyligence and labour woulde soon convert yt to amendement,

and alter the nature thereof, but the ritche men will not

consent to that, for yt is as good to them as theire several

grounde or pasture. The poore are not able to store yt with

cattle, nor to use the commodytie as they might do if welth

woulde serve them. But the rytche do consume their own parts and

their neighbouris also: and that is the cause they will not

consent to the enclosure and partition thereof."

[317] There is interesting documentary proof of the statements

of surveyors. Warwickshire MSS. Quarter Sessions Records,

Michaelmas, 1636: "Fforasmuche as this Courte is informed that

Overhinton (?) in this countie consists of 30 yardlands, of

which 22 are enclosed and 8 yardlands thereof residue in the

possession of Thomas [surname illegible] do lie in the common

fields, and whereas the same 8 yardlands lyinge in the comon

fields have been heretofore rated equally and proportionablie in

all levies with thother yardlands, the said 22 yard of inclosed

land being worth xx [pounds], for every yardland and the seid

other 8 yardlands being worth but after the rate of x the

yardland, it is ordered that the said 8 yardlands shall from

henceforth pay in all levies but after the rate of x pounds for

every yardland and the said 22 yardlands after the rate of xx

pounds for every yardland, unless the owners of the said 22

yardlands shall att the next sessions uppon convenient notice

hereof to them given shewe cause to the contrarie." The Justices

do not understand the taxation of unimproved land.

[318] See _Topographer and Genealogist_, vol. i., for Mudford;

for Newham and Tughall, _Northumberland County History_, vol.

i.; for Southampton, Hearnshaw, _Court Leet Records of

Southampton_.

At the same time, though voluntary enclosing by the peasants was partly

a symptom of the overshadowing of small property by large, it was much

more than this, and was due partly to a change in their methods of

agriculture, and partly, perhaps, to a genuine progress in the technique

of cultivation. This is indicated by the enthusiasm of the expert

opinion of the period for "several" holdings, and by the qualified

praise of discriminating critics like Hales.[319] As we have seen

above, there were parts of England--for example, "the sweet country of

Tandeane," described by Norden--where cultivation was quite intensive in

character, and intensive cultivation naturally gave an impetus to the

individualising of arable holdings. Again, the advantage to the cattle

breeder of "several closes and pastures to put his cattle in, the which

would be well quicksetted, hedged, and ditched,"[320] was a commonplace.

It has been already pointed out that on many manors of Southern and

Eastern England the customary tenants were sheep farmers on a

considerable scale. The adjustment of common rights must always have

involved some difficulty: the fixing of so many head of beasts to each

tenement was obviously a rough and ready arrangement based on the idea

that the holding in the arable fields was the backbone of a man's

substance, and that therefore it might properly be taken as a standard

by which his rights of pasture and common could fairly be measured. The

problems which arose could be imagined, even if they were not described

for us at some length: "Where fields lie open and the land is used in

common, he that is rich and fully stocked (up to the limit allowed)

eateth with his cattle not his own part only, but also his neighbour's

who is poor and out of stock. Besides that, it is an ordinary practice

with unconscionable people to keep above their just proportion ... those

who have consciences large enough to do it will lengthen their ropes, or

stake them down so that their horses may reach into other men's

lots."[321] As long as the great bulk of the customary tenants relied

for a livelihood mainly on the subsistence farming of the arable land,

these practical difficulties were probably not felt very keenly, because

the comparatively few beasts which were kept could pick up a living

without overcrowding each other. But when the raising of stock became

almost as important as the cultivation of arable, the demand for more

pasture and for better pasture grew enormously, and in the face of the

competition for it the strict maintenance of the customary stint became

more difficult. On manors where 150 or 200 sheep were kept by almost

every tenant the motive either to enclose surreptitiously and in

defiance of the custom of the manor, or to divide and enclose meadow and

pasture by agreement, must have been extremely strong. Ought we not to

ask why the open field system survived so long, rather than why it

partially disappeared in the sixteenth century?

[319] _The Commonweal of this Realm of England_, p. 49: "I meane

not all inclosures, nor yet all commons, but only of such

inclosures as turneth commonly arable lands into pastures; and

violent inclosures, without recompence of them that have right

to comen therein; for if land weare severallie inclosed, to the

intent to continue husbandrie thereon, and everie man, that had

Right to Common, had for his portion a pece of the same to

himselfe enclosed, I thincke no harme but rather good should

come thereof, yf everie man did agre theirto."

[320] Fitzherbert, _Book of Husbandry_.

[321] Pseudonismus, 1654, _Considerations concerning Common

Fields and Enclosures_.

We may now summarise the argument of this part of our work. The manor,

as we see it from the middle of the fourteenth century onwards, is not

the rigid, motionless organisation which it is sometimes represented as

being. Though it is governed by custom, custom leaves room for the

growth of commercial relationships on the extending fringe of new land

over which the village spreads; for the withdrawal by the villagers of

part of their holdings from the common scheme of open field husbandry,

the division of meadows and pastures, the exchanging of strips, the

formation of closes like those represented in the map on the opposite

page, which a man can use as he pleases and over which the customary

routine of agriculture has no authority. This side of the enclosing

movement, more properly described as redivision and reallotment than as

enclosure, develops earliest in those parts of the country which, owing

to their geographical position, are particularly exposed to the

dissolving forces of trade and of a money economy. But with the

improvement in the condition of the peasantry and the growth of pasture

farming it spreads far afield, and by the middle of the sixteenth

century, quite apart from the large changes introduced by lords of

manors and capitalist farmers, it has effected a considerable alteration

in the methods of agriculture even of the more stationary inland

counties. Such piecemeal alterations are a gradual process; they are not

regarded unfavourably by the peasantry; and a balance between their

tentative individualism and the rule of communal custom is preserved by

the action of the manorial court. They are to be carefully

distinguished from the sweeping innovations of the sixteenth century,

which alone deserve the name of an Agrarian Revolution. But they are

closely connected with that revolution. For by making a breach in the

walls of custom they bring us to the edge of two great problems, the

growth of competitive rents, and the formation of large pasture farms

out of the holdings of evicted tenants.

We have spoken at length of the prosperity of the peasants, because it

is necessary to appreciate it in order to sympathise with the point of

view from which they and their contemporaries regarded the agrarian

problem. But evil days are coming upon the rural middle classes. Indeed

they have already come. There is by this time much anger against

depopulating landlords, much talk of the good customs of Henry VII.,

much murmuring lest men be brought to that slavery the Frenchman be in.

We must leave the light and follow them into the shadow.

PART II

THE TRANSITION TO CAPITALIST AGRICULTURE

"The earth is thine, O Lord, and all that is contained therein;

notwithstanding thou hast given the possession thereof to the

children of men, to pass over the time of their short

pilgrimage in this vale of misery. We heartily pray thee to

send thy holy spirit into the hearts of them that possess the

grounds, pastures, and dwelling places of the earth; that they,

remembering themselves to be thy tenants, may not rack and

stretch out the rents of their houses and lands; nor yet take

unreasonable fines and incomes, after the manner of covetous

worldlings; but so let them out to other, that the inhabitants

thereof may be able to pay their rents, and also honestly to

live, to nourish their families, and to relieve the poor: give

them grace also to consider that they are but strangers and

pilgrims in this world, having here no dwelling place, but

seeking one to come; that they, remembering the short

continuance of their life, may be content with that is

sufficient, and not join house to house and field to field, to

the impoverishment of others, but so behave themselves in

letting out their tenements, lands, and pastures, that after

this life they may be received into everlasting dwelling

places; through Jesus Christ, our Lord. Amen."--_A Prayer for

landlords, from a Book of Private Prayer, authorised and set

forth by order of King Edward VI._

"Nowe if I should demand of the gredie cormoraunts what they

thinke should be the cause of sedition, they would saie:--'The

paisent knaves be too welthy, provender pricketh them. They

knowe not themselves; they knowe no obedience; they regard no

lawes; they would have no gentlemen; they would have al men

like themselves; they would have all things commune. They would

not have us master of that which is our owne. They will appoint

us what rent we shall take for our grounds.... They will caste

down our parkes, and lay our pastures open.... They will compel

the King to graunt theyr requests.... We wyll tech them to know

theyr betters. And because they would have all in common, we

will leave them nothing,'"--E. E. T. S., Crowley, _The Way to

Wealth_.

CHAPTER I

THE NEW RURAL ECONOMY

(a) _Motives and Causes_

A common view of social development regards it as the outcome of

irresistible causes working towards results which can be neither

hastened nor averted, and treats the fact that events have followed a

certain course as in itself an indication that no other course was

possible. Whatever is has always been implicit in the past; the

established fact rules by the divine right of being the only possible

dynasty, and no scope is left for pretenders to contest or acts of

settlement to alter its legitimate title. It is not surprising that such

a theory should be peculiarly popular in interpreting economic history.

On their frontiers even the most different forms of social organisation

shade into one another. Each generation naturally sees in a strong light

those regions of the past which reproduce the features with which it is

familiar, and overlooks the existence of wide Hinterlands whose general

features are quite different. Since important classes, like important

individuals, find it difficult to believe in the truthfulness of any

picture where they do not occupy the greater part of the canvas, they

insensibly encourage a conventional interpretation of history, which

lends an air of respectable antiquity to the legal and economic

arrangements which favour them and which they favour, by treating such

arrangements as an essential characteristic of civilisation itself. In

reality, however, it is only by dragging into prominence the forces

which have triumphed, and thrusting into the background those which they

have swallowed up, that an appearance of inevitableness is given to

existing institutions, which satisfies the desire to see them as links

in an orderly chain of unavoidable sequences. Useful as the conception

of a continuous development is, it can easily be carried too far. It is

carried too far when it causes us to forget that a small alteration in

the lie of the land might have caused the stream to take quite a

different channel, and that the smoothly flowing waters of the plain are

the outcome of a series of crises in the higher regions, where the spur

of a mountain or a cleft in the rocks might easily have diverted their

course into other directions. If we must talk of social evolution, we

ought to remember that it takes place through the action of human

beings, that such action is constantly violent, or merely short-sighted,

or deliberately selfish, and that a form of social organisation which

appears to us now to be inevitable, once hung in the balance as one of

several competing possibilities.

Certainly the possibility that economic changes should have followed a

quite different line from that which they actually have can hardly fail

to strike the student of agrarian history. The facts, as we read them,

do not lend unqualified support to the idea that the growth, at the

expense of the little landholders, of great estates cultivated by hired

labour was the inevitable result of irresistible forces, or that the new

agricultural régime was a necessity on account of the sluggishness of

the old. To an observer of agrarian conditions living about the year

1500, who looked back over the conditions of the last century, all the

possibilities must have seemed to point in the direction of a continuous

improvement in the condition of the peasantry. It is evident that the

growth of prosperity among the small cultivators was leading from the

beginning of the fifteenth century to the gradual consolidation of

holdings, to keen competition for the use of land, and to increasing

individualism in the methods of agriculture. Though the movement caused

a diminution in the number of landholders, the diminution was very

gradual. It was not the result of a sudden revolution affecting large

numbers of tenants simultaneously; and even those who regarded enclosing

with hostility were favourable to the process of gradual redistribution,

which did not violate vested interests or cause any sensational

disturbance. The appearance of the country would have changed, and the

methods of cultivation would have improved. But there would have been no

great cause at work to displace the peasantry from the soil, with the

rapidity which entailed hardship, until a much later period than we are

now considering. Obviously, however, it was not these slow internal

changes in the manorial organisation which impressed observers. On the

contrary, though they are noticed by the writer who took a scientific

interest in agricultural questions, they are hardly mentioned by the

majority of commentators on the life of the period, who were interested

not in the technique of agriculture but in the social results of

changing methods. What aroused their alarm and produced rioting and

legislation was, as every one knows, a movement the distinctive feature

of which was that it was initiated by lords of manors and great farmers,

"the Graziers, the rich buchars, the men of law, the merchants, the

gentlemen, the Knights, the Lords,"[322] in short by the wealthiest and

most powerful classes, and that it was carried out frequently against

the will of the tenants, and in such a way as to prejudice their

interests.

[322] Crowley, _The Way to Wealth_ (E. E. T. S.).

As the small capitalist prepared the way for the great, the two

movements were connected, and the simultaneous development of both of

them explains the rather puzzling mixture of approval and criticism

which is to be found in the comments of observers upon enclosing. But

their economic and social results were very different. No doubt the

incipient movement in the direction of reorganising national life on the

basis of industry involved a breach with the customary methods of

agriculture, which must in any case have caused a certain degree of

dislocation. The development of the textile manufactures, which for two

centuries were the chief source of English wealth, could not have taken

place without the production of cheap supplies of raw material, and the

growth of the towns was dependent on the saving of labour from

agriculture. But in such changes the element of time--the speed at which

the transition takes place--is all important, because upon it depends

the feasibility of social readjustments to meet the new situation. The

slow breaking up of the open field system, though it changed the

methods of cultivation, might quite conceivably have effected only such

a gradual diminution in the number of the small farmers, as to make the

absorption into industry of those displaced comparatively easy. In so

far as the changes of the sixteenth century were a social revolution,

and not merely a gradual development, this revolution was the result not

only of technical advances, but of the concentration of landed property

and the development of new relationships between landlord and tenant. It

is to the second of the two movements that we must now turn.

The new agrarian arrangements which we shall have to consider are called

by the name of enclosure, and we will discuss later what exactly

enclosure means in this connection. But there are enclosures and

enclosures, and we shall do well to begin by drawing some distinctions.

In the first place, then, the enclosing movement that will occupy us in

this chapter has very little resemblance to the enclosure which we have

considered in the last. It is carried out by great men, not by small. It

proceeds wholesale, not piecemeal. It does not consist in many little

cultivators rearranging their holdings by purchase, or sale, or

agreement, but in one great proprietor or his agent consolidating small

holdings into great estates. The new arrangements are imposed rapidly

and with a high hand from without. They do not arise gradually from

within through the spontaneous development of the peasants' needs and

resources.

Again, the new movement bears very little resemblance to the

rearrangements introduced by lords of manors, which, from an early date,

have gone by the name of enclosing. Such rearrangements have not been

few. People have talked about enclosing long before they have begun to

lament enclosures. Not to mention the encroachments on the waste

evidenced by the Statute of Merton, one finds the word "enclosure" used

in the thirteenth and fourteenth centuries to describe a variety of

agreements made between lords whose lands were contiguous, or between

lords and their free tenants, by which, instead of the parties concerned

using a given area in common as their pasture, each surrenders his right

of access to part of it, and obtains in return the right to use another

part in severalty. The Abbot of Malmesbury[323] and the men of

Niwentone come to an arrangement with Walter of Asselegge and the men of

that village, whereby the monastery agrees to follow the customary

routine in cultivating the land lying between Niwentone and Asselegge,

and not to common on the marsh at Cheggeberge, getting in return

exclusive rights of pasture over another marsh, and over the east field

of Niwentone. The Abbot and Monastery of St. Peter's[324] of Gloucester

make an agreement with Lord Thomas Berkeley whereby the former are "to

have and hold in severalty and enclose and approve at their will"

certain lands lying in Southfield "so that the said Thomas and his free

tenants may not ... claim or demand common, but be excluded from it for

ever," and in return covenant that the latter may "enclose and approve

their lands in all parts of the summit of the Pike of Coveleigh."

Similar arrangements are made between the Abbot of Glastonbury[325] and

a neighbouring landowner, between the Abbot of Cerne[326] and Robert of

Bloxworth, and between the City of Coventry[327] and the master and

brethren of the Trinity Gild of that town.

[323] _Registrum Malmesburiense_, vol. ii. pp. 220-?221: "Quod

... dictus abbas de Malmesburia non debet de cetero colere

terram de Niwentone ... nisi antiquitus consueverat coli. Et

quod dictus Walterus de Asselegge habebit mariscum suum de

Cheggeberge quietum a communia hominum de Niwentone. Dicti vero

abbas et conventus Malmesburia habebunt mariscum suum iacentem

ex Orientali parte stratæ publicæ quæ vocatur Fos quietum et

exceptum a communia hominum de Asselegge. Habebunt etiam ...

campum Australem in Niwentone quietum et exceptum a communia

hominum de Asselegge. Omnes vero aliæ terræ ad dictas villas

pertinentes ... erunt in pastura communi."

[324] _Historia et Cartularium Monasterii Gloucestriæ_, i.

147-?149.

[325] Hoare, _History of Wiltshire_, Hundred of South Domerham.

[326] _Hist. MSS. Com._, Cd. 5567 (Report on the MSS. of Lord

Middleton), pp. 61?-62. This agreement was made in 1231.

[327] _Coventry Leet Book_ (edited by Mary Dormer Harris).

Whether it is a chance that such agreements seem to occur with special

frequency in the records of religious houses we cannot say. It is

possible that the perpetual character of a corporation made exclusive

enjoyment at once more desirable and more feasible; a great abbey, like

St. Peter's of Gloucester, could pursue a continuous and far-sighted

policy, and wait more than a generation to see the results of its

experiments. Nor is it possible to understand the motives for such

arrangements without information as to local conditions which is not

easily obtainable. Sometimes the object was simply to protect land used

for agriculture against the depredations caused by the game of a hunting

landlord. Sometimes it would seem to have been to allow of a variation

in the methods of agriculture, for example the sowing of a piece of land

which could not be sown as long as several persons had right of pasture

over it. Occasionally it was simply to realise an obvious convenience

dictated by the lie of the land, each party gaining more by the

exclusive use of pasture lying near to him, than he would lose by

surrendering rights of common over that part which lay at a distance.

Two points, however, are worth noticing. The first is the use of the

word "enclosure." Arrangements which go by the name "enclosure" are made

at a very early date by the manorial authorities, and the latter would

have been very much surprised to be told that they were inaugurating an

agrarian revolution. The second is the character of these enclosures.

They are in every way different from those which produced discontent in

the sixteenth century. Though they affected the routine of cultivation

they did not imply any abandonment of arable farming. Since they were

carried out mainly by an exchange of rights they did not prejudice the

tenants. Further, the disputes of which they were sometimes the result

were not disputes between the lord of a manor and his tenantry, but

between the lord and tenants of one manor and the lord and tenants of

another, the ground of the disagreement being the difficulty of

adjusting rights of common over the debatable land which must often have

lain between two manors, and the division of interests being, as it

were, a vertical, not a horizontal, division. In fact, these early

examples of enclosure throw light on the later movement only by way of

contrast. What we meet in our period is not isolated innovations of this

character, but a general movement spreading across England from

Berkshire in the South to Norfolk and Lincoln in the North-East, and

affecting especially the corn-growing counties of the Midlands, a

movement which meant a great extension of pasture-farming, a violent

collision of interests between the manorial authorities and the

peasantry, and a considerable displacement of population. Clearly some

new and powerful causes must have been at work to account for it.

In the third place, the movement which goes by the name of enclosing in

the sixteenth century has little similarity with the changes which

proceeded under the same name from about 1700 to 1850, and which went on

most swiftly in the reign of George III. It differs from them in method.

In the eighteenth century Parliament is supreme. It is simply a

committee of landlords and their hangers-on, and it makes Private Bill

legislation a very easy method of getting enclosure carried out. In our

period the Government, for reasons to be discussed later, sets its face

against most kinds of enclosing, and such enclosures as are made are

made in defiance of the law. It differs from them in motive. We must not

prejudge the question whether the enclosures of our period were made

mainly for pasture or for arable. But leaving this question on one side,

we can point to certain broad contrasts. The ostensible motive of the

eighteenth century enclosures is to improve the productive capacity of

the land by spending capital upon it. This is the reason alleged when

Private Bills are being promoted, and this is the aspect of the movement

which causes it to be eulogised by the agricultural experts. Of course

landlords were not philanthropists. As Mr. and Mrs. Hammond[328] have

demonstrated, there were often very sordid motives behind their

resounding platitudes on the advantage of throwing commons and small

holdings into large compact estates, and, even when these were not too

conspicuous, the interests of the smaller landholders were sometimes

treated with the most outrageous injustice. Still the general nature of

the movement was clearly in the direction of bringing under better

cultivation land which had hitherto not been used to its full economic

capacity. The price of foodstuffs after 1750 rose enormously, and the

rise in prices offered a golden harvest to any one who would prepare

land for producing larger supplies. The landlords of the eighteenth

century did not merely enclose. They improved as well. Part of their

increased rent rolls was interest on capital which they had invested for

the purpose. Now in the sixteenth century there is very little trace of

any movement of this kind. What improving is done, is done by the

peasants themselves. There is no sign of the great proprietors making

large capital outlays in order to render their estates more productive,

except in the way of the trifling expenditure entailed by fencing,

hedging, and ditching. They are by no means pioneers of agricultural

progress. Enclosing is profitable to them not because it enables them to

convert barren heaths into smiling corn-fields in the manner described

by Arthur Young, but because it enables them to use the land as they

please, to let it down to pasture when the price of wool is high, to

employ few labourers on it instead of many, and, possibly, to add to

their own estates part of their neighbours' holdings. They do not bring

under cultivation land which would otherwise lie waste. On the contrary,

very often they turn into a waste land which would otherwise be under

cultivation. Whether the picture which represents the eighteenth century

enclosures as the effort of an energetic and public-spirited class to

overcome old-fashioned prejudices by applying the resources of science

to agriculture is veracious or not, we need not now inquire. As far as

the century and a half from 1485 is concerned it is altogether out of

place.

[328] In their book, _The Village Labourer from_ 1760 to 1832.

The changes which we are about to describe have at once a social and an

economic reference. The former is the aspect which receives most

attention from contemporaries. They lament the decay of the peasantry,

the embittered relations between classes, the distress and discontent

caused by the new agrarian régime. They are usually not much concerned

with the economics of the situation. Economic issues are not yet

separated from questions of personal and public morality. To find subtle

reasons why it is unavoidable that a large number of persons should be

impoverished seems to them very like condoning a crime. Some excuses

only aggravate the offence, and if men are cursed with a neighbour who

insists on fulfilling economic laws by raising prices or taking usury,

they are less likely to discuss his conclusions than first to present

him for breaking the statutes and then to break his head for his bad

principles. So they judge the dominant movement by its fruits, and its

fruits seem very evil. But to us the economic problem is the primary

one. The occurrence of rapid changes in the structure of an old and

stable society implies either some radical revolution in the basis of

economic life, or some great change in men's conception of social

expediency, or, what is most likely, an economic and a spiritual change

occurring together. To understand its effect we must understand the sort

of economic environment from which it springs.

In the first place, then, the age of the Tudors is a commercial age, and

it becomes more commercial as the century goes on. No doubt it is only

of certain classes and in certain relations of life that such a

statement is true. The permanence of economic arrangements, which makes

Froude declare that at the end of the fifteenth century the model of the

upper classes was still the chivalry of the Arthurian legends, is seen

still more strikingly among the artisans and peasants, and it is only

very slowly and painfully that they are drawn into the net woven by the

growth of capitalist trade. But it is with the classes who respond to

the new movement that the power of the future, though not its graces,

lies, and it is through the widening of the influence of commerce and

commercial transactions that the economic developments most typical of

our period take place. The age is a commercial one in the sense that

much attention is given by Governments from the reign of Henry VII.

onwards to fostering the conditions which promote trade and industry.

This is not the place to discuss the meaning of Mercantilism or the

truth of Bacon's[329] epigram that Henry VII. "bowed the ancient policy

of this State from consideration of plenty to consideration of power."

Though in the reign of Henry VIII. the State is almost a religion, one

can easily exaggerate the influence of its interference even in that

much governed age. Nevertheless no one who looks at the Statutes, or the

Acts of the Privy Council, or the Domestic State Papers for the reigns

of Henry VII., Henry VIII., and Elizabeth, can fail to realise that much

of the time of Governments is occupied with devising measures which are

intended to hasten industrial and commercial development. There is a

settled habit of mind with regard to these matters which is quite

conscious of its ends, though its means may often be ill-chosen. Every

one is agreed that the encouragement of trade is the duty of the

Prince.[330] There is a real popular demand for the intervention of the

authorities, and they respond to it readily enough.

[329] Bacon, _History of King Henry VII._

[330] See _e.g._ Starkey's _England in the Reign of King Henry

VIII._, p. 173 (E. E. T. S.): "Ye, and though our cloth, at the

fyrst begynnyng, wold not be so gud peradventure, as hyt ys made

in other partys, yet, in processe of tyme, I cannot see why, but

that our men, by dylygence, myght attayne therto ryght wel;

specially yf the Prince wold study thereto, in whose powar hyt

lyeth chefely such thyngys to helpe." Also _The Commonweal of

this Realm of England_ (Lamond), and Pauli, _Drei

Denkschriften_, &c.

The age is a commercial one in the more fundamental sense that large

economic changes are initiated by classes and individuals. Foreign trade

grows enormously in the early years of Henry VIII., though certain

branches of it suffer a temporary set back at the end of the reign.[331]

The use of money, of which during the first quarter of the century there

was a shortage, begins in the middle of it to spread throughout all

classes. The industry which for the next three centuries is to be the

chief manufacture of England becomes firmly established. Under the

influence of widening markets, trade separates from trade.[332] Within

single industries there is an increasing subdivision of labour; many

links intervene between the group supplying the raw material and the

group which hands the finished article to the consumer; a special class

of capitalist entrepreneurs[333] appears to hold the various stages of

production together, to organise supplies, and to find markets. Side by

side with the development of manufacturing industry goes a development

in the organisation of finance. In the woollen industry men buy and sell

on credit. In tin-mining[334] and coal-mining[335] they sink shafts with

borrowed capital. The first joint-stock[336] companies are established

in the middle of the century with capitals of from £5000 to £20,000.

There is a regular money market in London, there are bill brokers,

arbitrage dealings between it and the Continent, adventurers who take

advantage of the increasing fluidity of capital to speculate on the

difference in the rates at which it can be borrowed in the Low Countries

and in England. By the end of the century London has partially ousted

Antwerp as the financial capital of Europe.[337]

[331] Schanz, _Englische Handelspolitik gegen Ende der

Mittelalters_, Band II., "Zoll und Handelstatistik," pp. 1?-156.

[332] Unwin, _Industrial Organisation in the Sixteenth and

Seventeenth Centuries_.

[333] See _e.g._ the account of the East Anglian woollen

industry in the _Victoria County History_, Suffolk (Unwin's

article on "Social and Economic History").

[334] G.R. Lewis, _The Stanneries_, pp. 214?-215, and quotations

from Lansdowne MSS. 76, fol. 34, given there.

[335] _Hist. MSS. Com._, Cd. 5567 (Report on the MSS. of Lord

Middleton).

[336] W.R. Scott, _Joint-Stock Companies to 1720_, vol. ii.

[337] For a description of "The Exchange and What It is," see T.

Wilson, _Discourse upon Usurie_ (1584): his remark, "The second

kind of bill ... may be called sicke and dry exchange, and is

practised where one doth borrowe money abroad ... not meaning to

make any real payment abroad, but compoundeth with the exchange

to have it returned again," illustrates what is said above. See

also Camden Society, _Dialogue or Confabulation of Two

Travellers_ (1580): "The said Hans had provided £10,000 for the

Prince of Condy upon five in the 100 at interest, and if I would

have the like he would help me unto it. Then I ... pondered what

benefit it would be to me to let it out again at ten in the

hundred to some nobleman in England." Down to about 1560 at any

rate the English Government was constantly in the hands of

foreign capitalists. See Gairdner, _L. and P. Henry VIII._, and

Burgon's _Life of Gresham_.

In the second place, the social arrangements of England are such as to

make it certain that this increasing activity will react almost

immediately on agriculture and on agrarian relationships. There have

been countries where a sharp line has been drawn between trade and

agriculture, where the landowner could not engage in trade without

degrading himself, where the tradesman could not buy up the noble's

land.[338] But this has never been the case in England. In that

precocious island the Lombards had hardly settled in Lombard Street,

when Mr. Pole's daughters discovered that the fine shades flourished

their finest in country air, and there was a market for heiresses among

the English aristocracy long before Columbus had revealed to Europe the

Eldorado of the New World. From a very early date the successful

merchant has bought dignity and social consideration by investing his

savings in an estate. The impecunious gentleman has restored the falling

fortunes of his house by commercial speculations, of which marriage into

a merchant family, if not the least speculative, is not the least

profitable. At the beginning of the sixteenth century both movements

were going on simultaneously with a rapidity which was before unknown,

and which must be explained as the consequence of the great growth of

all forms of commercial activity. The rise of great incomes drawn from

trade had brought into existence a new order of business men whose

enterprise was not confined to the seaport and privileged town, but

flowed over into the purchase of landed estates, even before the

secularisation of monastic endowments made land speculation the mania of

a whole generation. Great nobles plunged into commerce, were granted

special trading privileges, and intermarried with the rising

middle-class families who were often better off than themselves. In all

ages wealth allies itself with wealth, and power with power. As soon as

the appearance of rich merchant families creates a fresh and powerful

interest in society, the old social system and the new[339] coalesce,

and each learns from the other--the merchant how to make a display as a

landed proprietor and a Justice of the Peace, the old-fashioned landlord

how to cut down expenses and squeeze the utmost farthing out of his

property in the best City manner. Even if the political and economic

environment had remained unchanged, the mere formation of commercial

capital and of a moneyed class could hardly have failed to work a slow

revolution in agrarian relationships.

[338] _e.g._ Prussia before 1807.

[339] For examples see A. Abram, _Social England in the

Fifteenth Century_, especially Part II., chap, ii., "The Rise of

the Middle Class," and Plummer's _Fortescue_, p. 17. In the

_Cely Papers_ (Camden Society), p. 153, a correspondent of

George Cely writes, "yowre sallys made withyn lesse than thys

yere amountes above £2000 sterling."

The Agrarian Problem in the Sixteenth Century · 第 3 / 9 章