But sporadic encroachments are not the worst which the small man has to

fear. He may wake to find the path along which he drives his beasts to

pasture blocked by a hedge. When he goes to renew his lease or buy the

reversion of his copy, he may be told that his holding is to be merged

in a pasture farm. The great estate is not always built up by the mere

consolidation of pieces of land which are already united in ownership,

though spatially they may be separate. If it were there would be few

statutes and few riots; for the law looks with a favourable eye on such

attempts at improved cultivation, and the peasants have long been doing

on a small scale what the capitalist farmer does on a large. The great

estate is formed in another and less innocent way, by throwing together

holdings whose possession is separate, though spatially they may be

contiguous. It is the result of addition, not simply of organisation; of

addition in which the cyphers are the holdings of numerous small

tenants. In such a process the opposition between the interests of the

peasantry and those of the manorial authorities is brought to a head. If

one man is to run a hedge round a pasture, the pasture must first be

stripped of the rights of common which enmesh it. If sheep are to be fed

on the sites of ruined cottages, their occupants must first be evicted.

It is over the absorption of commons and the eviction of tenants that

agrarian warfare--the expression is not too modern or too strong--is

waged in the sixteenth century. Let us look at both these movements more

closely.

The obscurity to one age of the everyday economic arrangements of

another is excellently illustrated by the difficulty of appreciating the

part which common rights played in English husbandry before the

nineteenth century. It is not so long since it became a memory. There

are villages where the old men still remember--how could they forget

it?--the year when the commons finally "went in." Yet there is hardly a

feature in the plain man's view of the nature of a common which

corresponds to the reality as it was used by our ancestors, and as it is

used to-day by communities whose land system has followed a different

course of development from our own. He thinks of a common as land which,

like a municipal park, "belongs to the public," land which any one may

use and any one abuse. In the innocence of his heart he will even move

his local authority to put in a claim for its possession, and is very

much surprised when its solicitors tell him that he is fighting for the

rights of two or three mouldy tenements. Again, he thinks of a common as

a place of fresh air and recreation, not of business; as land for which,

at the moment, no serious economic use can be found; unprofitable

scraps, whose ineligibility has secured them a precarious immunity from

park-loving squires and speculative builders. In connection with

agriculture he thinks of it not at all--is not waste land the opposite

of land which is under cultivation? In one respect he is right. Our

existing commons are remnants--remnants which have survived the deluge

of eighteenth century Private Acts, mainly because they consist of land

too poor to pay counsel's fees. In all other respects he is wrong. In

the earlier period the word common implied common exclusiveness quite as

much as common enjoyment. The value of a common to the commoners

consisted precisely in the guarantee given them by custom that no one

might use it except holders of tenements which time out of mind had a

right thereto, and that no man might use it to a greater extent than the

custom of the manor allowed. And the modern man is especially wrong in

regarding commons as though they fell below the margin of economic

employment. Commons and common rights, so far from being merely a luxury

or a convenience, were really an integral and indispensable part of the

system of agriculture, a linch pin, the removal of which brought the

whole structure of village society tumbling down.

No one who reads the petitions and the legal proceedings of our period

can doubt that this was what the small cultivator felt. No one who

consults the surveyors can doubt that he was right. Yet, at first sight,

the importance attached to commons is certainly surprising. Is not the

outcry disproportionate to the grievance? To riot and rebel when you

lose grazing rights--is not this, it may be asked, rather like shooting

your landlord because he will not let you keep poultry? The answer is

perhaps a twofold one. The peasants' economy in the sixteenth century

was one in which, in many parts of England, the pastoral side of

agriculture played a very important rôle, and for which, therefore,

abundance of pasture land was very essential. As any one who has lived

in a Swiss châlet knows, a family which has sufficient cattle and goats

on a good mountain can, during half the year, be almost self-sufficing.

It has milk, butter, cheese, eggs, and meat. The only thing it really

misses is bread, and that it has the means of purchasing, even if it

does not, like the sensible people of Lancashire and Yorkshire, and

probably of most parts of England before the industrial revolution, bake

its own supplies at home or in a common public oven. Our sixteenth

century peasants do not keep goats, but they keep a great many horses

and cows, on some manors an average of 6 or 8 per holding; they keep a

great many sheep, sometimes 150 or 200 each; they meet depressions in

the corn trade by falling back on other sides of agriculture, and

sending to market miscellaneous produce which, in a time of rising

prices, sells well. But to do this successfully they must have plenty of

grazing land. A Swiss commune measures its wealth very largely by the

quality of its pasture, and will take pains to buy a good one, even

though it be a long distance from the village.[422] Can we doubt that

the same was true of many parts of England, and that Hales' husbandmen

who "could never be able to make up my lordes rent weare it not for a

little brede of neate, shepe, swine, gese, and hens,"[423] was typical,

not, it is true, of the more substantial men, but of many of the less

well-to-do?

[422] For an amusing example see Conway, _The Alps from End to

End_, pp. 190-192.

[423] _The Commonweal of this Realm of England_, p. 57.

But there was another and more fundamental reason for the importance

attached to rights of common, and for the disastrous re-action upon the

tenantry involved in their curtailment. It was that the possession of

pasture was not only a source of subsidiary income but also quite

indispensable to the maintenance of the arable holding, which was

everywhere the backbone of the tenants' livelihood. Ask a modern small

holder, and he will tell you that what he wants is a certain proportion

of grass-land to arable, in order that he may feed his horses without

having to resort to the hire of extra land, to the purchase of

foodstuffs, or to turning them out to pick up a living where they can by

the side of the road.[424] In the normal village community this was

secured by the apportionment of rights of pasture to each arable

holding, the tenants grazing their cattle on the common in the summer,

and only feeding them on their separate closes when the approach of

winter made shelter a necessity.[425] It is, therefore, a mistake to

think of the engrossing of commons by large farmers as affecting the

peasant only in so far as he was a shepherd or a grazier. On the

contrary, it struck a blow at an indispensable adjunct of his arable

holding, an adjunct without which the ploughland itself was

unprofitable; for to work the ploughland one must have the wherewithal

to feed the plough beasts. It is this close interdependence of common

rights with tillage which explains both the manner of their organisation

and the distress caused by encroachments upon them. Rights of common of

the most general type go with the tenement, not with the tenant, because

what is considered is the maintenance of a fully equipped arable

holding in the open fields, and for this end it is not necessary to

allow common rights to the population of younger sons, servants, or

others who do not hold one of these primary units of tillage. The

commoners are often "stinted," restricted[426] that is in the number of

beasts which they may put upon the pasture, because rights of grazing

have to be distributed among all the arable holdings, such holdings

being unworkable without them. Rights of common are often apportioned

among the tenants "according to the magnitude of their holdings," for,

of course, a large holding will need more plough beasts, and therefore

more pasture, than a small one. Their boundaries are accurately recorded

from this tree to that stone and such and such a hill, because otherwise

an invasion of foreigners with their cattle from a neighbouring village

may eat them up like locusts. To divide them up among the tenants may do

no harm provided the division is an equitable one, for each man will

still have his equipment of pasture, though in the form of a limited

area instead of in the form of a limited quota of beasts. To appropriate

common pastures without compensation may ruin a whole village; it is to

seize a piece of free capital without which cows and horses cannot be

fed, and thus it is virtually to confiscate the beasts, which are the

peasant's tools. When that is done he must either re-assert his rights,

or throw up his arable holding, or hire pasture for a money rent;

sometimes--a bitter thought--he must hire grass-land from the very man

who has robbed him.[427]

[424] Ten acres of "turf" to forty acres of arable was the

estimate of his requirements made to me by an Oxfordshire small

holder.

[425] _Topographer and Genealogist_, vol. i.: "The tenants of

Landress have common in a certayne ground called King's Moore

for all kinde of cattle, and every one of them may keep in the

said moore as much of all kind of cattle in somer as their

severall or ingrounde will beare in the wynter, whyche is a

great relief to the poore tenants, for as they confesse they

keep all their cattle there in the somer, and reserve their

ingroundes untouched for the winter."

[426] _e.g._ _Southampton Court Leet Records_ (Hearnshaw), pp.

4-5, 1550: "Item we present that no burgers or comyners at one

time comyn above the number of two beasts upon payne of every

such defaulte 2s.; provided that iff any of them have two kyne

or wenlings, he shall have no horse, and yf he have but one cow

he may have one horse."

[427] _Topographer and Genealogist_, vol. i.--Rolleston

(Stafford): "The said manor is ... well inhabited with divers

honest men, whose trade of lyvinge is onlie by husbandry ... and

have no large pastures or severall closes ... but have been

alwaie accustomed to have their cattle and sometyme their

ploughe beasts pastured in the Queen's Majestie's Park of

Rolleston, for xxd., the stage ... without which aide and help

they were neither able to maintain hospitallitie nor tyllage;

and nowe of late yeares the fermor of the herbage hath advanced

the stage to 6s. 8d., and yet the Quene's Majesties rent nothing

increased."

One must not, of course, unduly simplify the picture. Different villages

are very differently endowed with grazing land. On some there is a

common waste, and a common pasture in addition of superior quality, so

that the waste can be left to animals which will thrive on rough land.

On others there is not even a common waste, and the tenants have to do

the best they can on the stubble which lies open after harvest. Nor do

they all manage the apportionment of grazing rights in the same way. As

we have seen, there has been a movement towards the formation of

separate closes; and even when all the pasture is administered in

common, it may either be that each villager looks after his own animals,

or that the township, intent on seeing that the common is not

overstocked, appoints a common shepherd and a common cowherd, who drives

them all afield together "under the opening eyelids of the morn." Under

all such diversities, however, which can often be paralleled from the

practice of continental communes to-day, there is the fundamental fact

of the necessity of rights of pasture to successful tillage.

Fitzherbert's remark that "an husband cannot well thrive by his corne

without he have other cattle, nor by his cattle without corne,"[428] is

reiterated in different forms by other surveyors. When they tell us that

a common adjoining a town is a "great relief to the poor tenants," and

recommend that a special clause be inserted in a farmer's lease binding

him not to appropriate the pasture without which the tenants "were not

able to maintain their tenements," they are speaking of matters which

they understand far better than we possibly can, and must be believed.

[428] Fitzherbert, _Book of Husbandry_.

The monopolising of commons by manorial authorities who wished to form a

large sheep-run can be traced through several stages, of which actual

enclosure is only one, and the climax rather than the beginning. It

usually begins with the overstocking of the common pasture by the owner

of great flocks and herds, and the consequent edging out of the small

man, though, of course, when the area is a large one, and when, as in

Wiltshire, there are great downs which are suitable for sheep, it may be

a long time before the latter feels the pinch severely. But the mere

overriding by a capitalist of the customary allotment of pasture rights

is usually only the first step. As long as matters are left in this

transition stage there is endless friction and disturbance, because each

party tries to oust the other, the great man swamping the pasture with

his beasts, and the peasants defiantly insisting that the recognised

stint shall be observed--a guerilla warfare in which the farmer's

servants are matched against the township's cowherd and the common

pound. Enclosing follows as a way of regularising the new arrangements,

by substituting a tangible and prickly boundary for an ideal limit.

Sometimes enclosure is demanded by the peasants and resented by the

well-to-do, who think that in the general squabble they will come off

best. More often it is carried out with a high hand by the farmer and

the lord, who, once they take seriously to cattle-breeding or

sheep-farming, have naturally no desire to have a limit set to their

investment in stock. Occasionally compensation[429] is given to the

dispossessed commoners in the shape of an abatement in their rents, or

of a fresh pasture in another quarter. In most of our documents,

however, there is little trace of any deliberate re-adjustment of

rights. We are simply told that "he holds the whole of the hilly

pasture," or that he has "a heath enclosed with a hedge," or that

grounds have been "enclosed contrary to the custom of the manor." We can

trace the effect in the small number of beasts which other tenants keep,

but we are left to conjecture how this state of things was reached. Our

impression is that in most cases the enclosing of commons was carried

out in the simplest and most arbitrary way, by the lord or the farmer

erecting a hedge round such part of the common pasture as he cared to

appropriate, and leaving the tenants to make good their demand that it

should be removed, if they could.

[429] _Northumberland County History_, vol. v., Birling:

"Allowed part of 25s. 4d. for focage of Orchard Medow and

Mylneside Bank, because they are now enclosed within the lord's

new Park, and this allowance shall be made yearly until the

tenants of Byrling have and peacefully enjoy another parcel of

pasture to the same value 11s. 8d." (Bailiff's Accounts, 1474).

R.O. _Misc. Books Land Rev._, vol. ccxx., f. 236: "Divers

parcels of land and pasture of the manor of Farfield, now common

of 140 acres, now occupied by the tenants there as commons and

given them in exchange in satisfaction of their old common

imparked in the new Park, £6, 13s. 8d."

Could they make it good? The question of the degree to which different

classes of tenants could obtain legal redress for disturbance will be

discussed later. But we cannot leave this part of our subject without

considering shortly the standpoints towards disputes arising out of the

loss of rights of common, which were adopted by the peasantry and by

legal opinion. One may point out, in the first place, that their

standpoints were by no means the same. The contrast which we have

already ventured to draw between the considerable elements of practical

communism in the working arrangements of the village community and the

strict and (so we believe) correct interpretation of the law of the

King's Courts, which treats its members simply as holders of individual

rights which they on occasion exercise jointly, comes out very

strikingly in the different attitudes adopted towards rights of pasture.

If we must be careful not to see communism where there are really only

individual rights, we must also be careful not to see only individual

rights where there is in fact a considerable amount of communism.

However much it may be necessary to emphasise the "rough and rude

individualism"[430] latent in these arrangements, we must admit that for

the peasants themselves, who make and depend upon them, they contain

features which are not easily explained without the use of words which

the lawyers are reluctant to allow us--words implying some degree of

practical communism. We must remember that the custom of the manor is

itself a kind of law, and that though the lawyers who sit in the King's

Courts may cast their rules into a feudal mould, which attenuates rights

of common to mere concessions made by the lord to individual tenants,

yet the law of the village, the custom of the manor, to which the first

appeal is made, does treat them as containing a distinctly communal

element. In practice the whole body of customary tenants are found

managing their commons on a co-operative plan. They regulate their use

and re-adjust the regulations, sometimes at almost every meeting of the

court. As a community, they hire additional pasture and administer town

lands. As a community, they make arrangements for enclosure and even

sell part of their common--the common in which only individuals have

proprietary rights--to persons who undertake to invest capital in

improving it.[431] When all regulations fail and the enemy attempts to

evade their vigilance by a strategic appearance of benevolence, a town

sometimes returns to the charge with words glowing with what can only be

called the pride of common property, though the title to that property

may be of a very shadowy kind. "Whereas of late days," proclaimed the

Court Leet of Southampton in 1579, "there hathe ben a peice of our

common and heathe ditched and hedged and enclosed in and planted with

willows under the name of a shadow for our cattle, which have hitherto

many yeares past prospered verie well as the common was

before;--wherefore (therefore) we desire that it may be pulled down

again and levelled as before, for we doubt that in short time yt will be

taken from our common to some particular man's use, which were

lamentable and pitiable and not sufferable. For as our ancestors of

their great care and travail have provided that and like other many

benefits for their successors, so we thinke it our dutie in conscience

to keepe, uphold and maintaine the same as we found yt for our

posteritie to come, without diminishing any part or parcel from yt, but

rather to augment more to yt yf may be." We need not ask in what sense

the Southampton men had inherited the salt marsh from their ancestors,

or whether a lawyer would not have made short work of their claim to

leave it to posterity. It is enough to realise that they feel it to

belong to their town in a quite effective and intimate manner, that they

stint it, turn off intruders, guard it for their descendants, defend it,

if need be, with bows and arrows and pikes, and the other agricultural

implements of that forceful age. We know that people commit many crimes

in the name of posterity. But they do not usually think of bequeathing

to their grandchildren rights which have never had any existence for

themselves. We shall hardly understand all that was meant for a village

by the loss of its common pastures unless we allow for that feeling of

practical proprietorship, unless we confess that a society of

landholders becomes on occasions something very like a landholding

society.

[430] Pollock and Maitland, _History of English Law_, vol. i. p.

606. For the questions concerning common rights see _ibid._, pp.

594-624, and Maitland, _Domesday Book and Beyond_, pp. 340-356;

Vinogradoff, _Villainage in England_, Essay II. chap, ii., and

_The Growth of the Manor_, Book II. chap. iv. I have followed

Vinogradoff's rather than Maitland's view.

[431] For buying and selling of pasture see below, and for

enclosure pp. 168-170. The following seems a clear case of more

or less corporate action. Holkham MSS., Burnham, Bdle. 5, No.

94: "Copy of an indenture between [here follows a list of names]

of the same town and county, yeomen, as well on the behalf of

themselves as of the rest of the comoners and freeholders of the

said town of the one part, and Robert Bacon of [illegible] in

the County of Norfolk, and Thomas Coke of Grays Inn in the

County of Middlesex of the other part, that whereas heretofore

Sir Philip [illegible] being lord and owner of the marshes

hereafter mentioned ... did by his indenture of bargain and sale

bearing date ... 1588, grant bargain and sell unto [list of

names as above] all those marsh grounds lying and being in

Burnham, to have and to hold the said premises to the parties

last before mentioned and their heires to the use of them and

their heires for ever, to the intent and purpose notwithstanding

that the said parties last before mentioned there, being

inhabitants in certain ancient messuages in the said Towne, and

all other inhabitants of the said Towne there and afterwards for

the tyme being in any of the ancient messuages and cottages in

the said towne, for so long time as they shall be there

inhabitinge and noe longer, according to the quantity of their

tenures within the said Towne might depasture and feede the land

as by the said deeds referring thereunto being had may more

fully appeare; [it recites that the land] may by wallinge and

embankinge the same be improved to more than a [illegible]

value, and made fitt for arrable, meadowe, and pasture grounde,

whereby tillage may be increased and his Majestie's subjects

receive more employment thereby, and danger of drawing

[drowning?] of their stock for their feedinge prevented [recites

that Robert Bacon and Thomas Coke have undertaken to drain the

land in return for receiving three parts of it and that the

persons above mentioned] being the major parte of the parties

interested in the said salte Marshes, and being enabled by the

lawes and Statutes of this realm to contract and bargaine with

any person or persons for the draining thereof" [now convey 3

parts of the marshes to the above-mentioned Robert Bacon and

Thomas Coke], June 8, 1637. The motive of this agreement was to

get the low-lying meadows on the sea-coast drained. Drainage

schemes were much in the air about this time, and any one who

has seen the country near Holkham and Burnham will know how

badly protection from the sea was needed. Two points are worth

noticing: (i.) the tenants have no objection to surrendering

part of their common if they get a _quid pro quo_; (ii.) they

act as a single body. They buy land and they sell land and they

can leave it to their heirs. Certain persons in the township act

on their behalf, much as directors might act for a body of

shareholders. Is it possible to speak of such arrangements

simply in terms of individual rights? Are we not driven to think

of the township as almost a landholding corporation?

But, in the second place, such communal aspirations are a matter of

feeling and custom, not of national law. It is hardly necessary to point

out that these words do not put an aspect of the case which could be

pleaded in court in a dispute as to common of pasture. At the touch of

the law, as has often been pointed out, the communal element, of which

Southampton makes so much, seems to crumble away. If, to the eye of the

peasants, a manor was a more or less self-conscious community with

considerable powers of controlling the administration of its pastures,

it was, to the eye of the common lawyer, a collection of individuals

bound together by their relation to the manorial authorities, but in

other respects able to enforce rights of common only in so far as those

rights could be shown to be enjoyed by one of the four[432] titles which

the law recognised. It is quite true that in practice the use of common

pastures extended to persons who could not plead one of those titles,

and that the economic working of the village often cannot be brought

inside the four corners of a legal formula. But when a right of pasture

is challenged by the lord of the manor, the tenant must show that his

right falls within them or lose his case. Of those four titles residence

in a manor was not one. The occupier who is the unit of English Local

Government to-day had, as such, no standing, because he was not, _qua_

occupier, a holder of one of the arable shares with which, primarily,

rights of pasture went. Again, a great number of cottagers and day

labourers, who were not holders of arable, but who in practice used the

commons for pigs, geese, poultry, and cows, were likely to be legally in

the same unprotected condition; so that it is obvious that, when

enclosing took place, there might be a considerable number of persons,

perhaps an actual majority of the villagers, who could not even raise

the question whether they could obtain redress or not, and that much

distress could be caused without any infringement of the law. Of those

who could bring their enjoyment of rights of pasture under one of the

categories which the law recognised, the freeholders were, of course, in

the strongest position. They could plead rights of common appendant to

their tenements; probably they could often plead common appurtenant, and

common in gross, common by a special personal grant, as well, and they

could enforce their rights both by self-help, in the way of throwing

down recent enclosures, and by the ordinary remedies of the Assize of

Novel Disseisin or an action of trespass.

[432] Common appendant, common appurtenant, common in gross, and

common par cause de vicinage. This classification is not found

in Bracton, and appears to date from the late Middle Ages, see

Vinogradoff, _Villainage in England_, Essay II., chap, ii., and

the following case: _Coke's Reports_, Part IV., p. 60. Hill, 4

Jac. I. in Communi Banco: "Robert Smith brought an action of

Trespass against Stephen Gatewood, gent., quare clausum fregit

... cum quibusdam averiis.... Defendant pleaded a certain

custom, 'quod inhabitantes infra eandem villam de Stixwood

prædictam infra aliquod antiquum messuagium ibidem ratione

commorantiæ et residentiæ suæ in eadem habuerunt et usi fuerunt

et consueverunt habere com. Pastur ... pro omnibus et omnimodis

bobus et equis et aliis grossis animalibus.' Unanimously

resolved that the custom is against law. 1. That there are but

four manners of common, common appendant, appurtenant, in gross,

and by reason of vicinage, and this common _ratione commorantiæ_

is none of them. 2. What estate shall he have, who is

inhabitant, in the common, when it appears he hath no estate or

interest in the house (but a mere habitation and dwelling) in

respect of which he ought to have his common? For none can have

interest in a common in respect of a house in which he hath no

interest."

Moreover, the Statute of Merton, which expressly allowed a lord to

enclose commonable land on condition that he left sufficient for the

free tenants, did not mean that a lord could arbitrarily cut down rights

of common to what he was pleased to think sufficient. If it had, there

would have been little enclosing of commons in the sixteenth century,

for by that time there would have been little common left to enclose.

The question "what is sufficient?" had to be answered by a jury, a jury

representing expert knowledge as to local customs and the agrarian

usages of the township. The jury could only answer it by taking account

of the size of the tenements and of the land available for commoning. In

fact, it found itself at once considering the custom of the manor, which

stinted rights of pasture according to the economic needs and resources

of different villages. Of the position of the customary tenants it is,

for reasons which will be given below, less easy to speak. Regarded from

the standpoint of the economic organisation of the manor, their rights

of pasture should have got protection as much as those of the

freeholders, for as holders of ancient tenements they required pasture

to enable them to carry on their tillage; and since they were, in most

parts of the country, by far the most numerous class, the aggregate of

their commonable area was much larger than was that of the free tenants.

According to the canon of interpretation supplied by Coke,[433] the

Statute of Merton would appear, at any rate in the latter part of the

sixteenth century, to have been construed as protecting them; and

Fitzherbert,[434] though he introduces an additional complication by

trying--trying, it seems, quite arbitrarily--to prove that rights of

pasture over the waste and rights of pasture on land which was not

technically part of the waste, ought to be treated differently, places

all tenants on an equal footing in respect of their claim to be left

"sufficient common."

[433] Coke, Complete Copyholder, Sect. 53: "When an Act of

Parliament altereth the service, tenure, or interest of the

land, or other thing in prejudice of the lord or of the Customs

of the Manor, or in prejudice of the tenant, then the generall

words of such an Act of Parliament extend not to the copyhold;

but when an Act is generally made for the good of the

commonwealth, and no prejudice may accrue by reason of the

alteration of any interest, service, tenure, or Custom, of the

Manor, there usually copyhold lands are within the generall

purview of such Acts."

[434] Fitzherbert, _Book of Surveying_: "And as for that manner

of common, me seemeth the Lord may improve himself of their

waste grounds, leaving their own tenants sufficient common,

having no regard to the tenants of the other lordship. But as

far as all errable lands, meadows, leises, and pastures, the

lordes may improve themselves by course of the common law, for

the statute speaketh nothing but of waste grounds."

The treatment by the law of common rights, in the case both of

freeholders and of the customary tenants, seems to fit roughly into this

scheme, though the actual facts are somewhat more complex than it would

suggest. The cases show that the freeholders had a legal remedy if

enclosure deprived them of rights of pasture, and that this remedy was

used. A freeholder could say "these be the pastures ... which should be

my common ... after the tenure of my freehold;"[435] if he proved the

fact he got protection, and on manors where the freeholders were

numerous and the lord wanted to make very large enclosures, he had to

buy them out. It is true also that the freeholders[436] joined with the

farmer on some manors in enclosing commonable land, to the detriment of

the customary tenants, who apparently sometimes had to acquiesce in it.

They show again that a customary tenant could obtain protection for his

rights of common pasture both, at any rate in the sixteenth century,

from the Common Law Courts, and also, at an earlier date, from the Court

of Chancery, provided that he could show that such rights were attached

to his holding by the custom of the manor, a very important

qualification, to which we must return.[437] On the other hand, it is

certainly true that both freeholders and customary tenants suffered in

our period from a curtailment of common rights, in spite of the

qualified protection enjoyed by the latter and the complete protection

enjoyed by the former. We cannot, in fact, be content with a mere

summary of the legal position, for the law is not always strong enough

or elastic enough to cope with shifting economic forces. Or, rather, its

arm is short, and it can only grapple with those conflicts which are

sufficiently violent to force their way to Westminster.

[435] _e.g._ _Coventry Leet Book_, vol. ii. p. 510.

[436] _Genealoger and Archæologist_, vol. i., Manor of West

Coker (Somerset): "The demesnes remayneth in one entier ferm,

and is dymysed to one Sir John Seymour, knight, who being

confederate with the freeholders of the manor, maketh such

inclosers for his owne lucre, and suffreth the freeholders to do

the same, nevertheless surcharge the common with their cattle,

that in process of tyme yt wilbe the destruccion of the

custumarye tenants."

[437] For a discussion of the legal position of the copyholders

see below, pp. 287-310.

Some light may be thrown on the kind of trouble of which our period was

full by two accounts which have come down to us of disputes concerning

rights of common pasture. At Coventry[438] there were in the fifteenth

century prolonged quarrels between the City and the Prior and Convent of

the Cathedral Church of St. Mary. In 1485 the Prior was accused by the

city authorities of wrongfully overcharging the common with sheep and

cattle, to the damage of the city. He replied by admitting the legal

rights of the other commoners, but by claiming that whereas they could

only pasture a limited number of beasts, "by the lawe of this lande the

lord of the waste soyle may surcharge and pasture there what nombre hym

lykes," and that therefore in overstocking the common he was only

exercising his rights. To this the city answered by a rather hesitating

appeal to custom, according to which the commoners never had been

stinted to a fixed number of beasts, and by pointing out that, if the

Prior was allowed to put as many beasts on the common as he pleased, he

was virtually confiscating the property of the other commoners. This

case brings out very clearly one weakness in the position even of the

free tenants. It was that, while they were protected by law against

attempts actually to deprive them of rights of common, the protection

might be held to be contingent on the lord or his farmer proceeding so

far as not to leave them sufficient, and was not available if the

encroachments only went so far as to diminish their common pasture.

There was a minimum which they could not lose: but above this minimum

their rights of pasture were elastic and compressible, and when, as in

this case, the pasture was so large as to make any numerical limit to

the number of beasts which they might graze unnecessary, the commoners

might be deprived of some part of their customary pasture without any

infringement of the law.[439]

[438] _Coventry Leet Book_, vol. ii. pp. 445-446 and _passim_.

[439] If the common was so large that it had been unnecessary to

"stint" it, why did the city object to the lord putting

additional beasts on? I take the situation to be that the

Prior--probably tempted by the profitableness of sheep-farming

in the latter part of the fifteenth century--diminished the

pasture which the city could use, by putting on many more beasts

than ever before, which, in the absence of a recognised "stint,"

he was able to do without violating any custom, as he would have

done if there had been a customary limit, as on many manors.

Another aspect of the problem is illustrated by a story of a

similar struggle at Wootton Basset,[440] a small borough in

Wiltshire. Early in the seventeenth century the mayor and

freemen of Wootton Basset petition Parliament to "enact

something for us, that we may enjoy our right again." What they

want is a restoration of certain rights of common which a

powerful neighbour has taken from them. Their story--they seem

to rehearse it with tears in their eyes--is a perfect Odyssey of

misfortunes. According to them, the manor of Wootton Basset had

passed in 1555 into the hands of Sir Francis Englefield, who

enclosed a park containing 2000 acres, in which the free tenants

had hitherto had rights of pasture, and had them without stint,

owing to its great size. This wicked man showed them, however, a

sort of contemptuous compassion. He left them 100 acres, with

which they had to be content, and the rights over which they

carefully apportioned, "to the Mayor for the time being two

cowes feeding, and to the constable one cowe feeding, and to

every inhabitant of the said Borough, each and every of them,

one cowe feeding and no more, as well the poore as the riche."

These rights of common were in practice vested in all the

tenements in the town (not only, it would appear, the free

tenements), and property was bought and sold subject to them.

The occasion of the petition was that the grand nephew of the

original grantee, having apparently got, by some means which the

petitioners could not explain, the title deed of the common into

his hands, set out to ruin those whom his ancestor had only

robbed. He began lawsuits against the free tenants, excluded

them from the 100 acres of common which remained to them, and

put his own cattle on it. The suits, according to our story,

were purposely deferred, and dragged on so long that one of the

free tenants was actually made bankrupt by legal charges and the

rest were impoverished, the common being used meantime by the

plaintiff, Sir Francis Englefield.

[440] _Topographer and Genealogist_, vol. iii. These are the

people whom Heaven protected in the way described on p. 148

note. Observe what this little community endured. (i.) Sir

Francis Englefield, senior, seizes 1900 out of 2000 acres of

their common. (ii.) Sir Francis Englefield, junior, seizes "the

charter of our town ... and the deed of the said common." (iii.)

He tries to seize the remaining 100 acres, and ruins them by

lawsuits "for the space of seven or eight years at the least,

and never suffers any one to come to triall in all that space

... that the said Free tenants were not able to wage law any

longer, for one John Rous ... was thereby enforced to sell all

his land (to the value of £500) with following the suits in law,

and many were thereby impoverished." (iv.) He turns them out of

their shops in the market-place, and introduces instead "a

stranger that liveth not in the town." (v.) He appoints his own

nominee as mayor, in defiance of the custom which requires him

to appoint one of two men submitted to him by the jury. (vi.) He

prevents his victims from signing this petition by threats of

eviction. ("They are fearful that they shall be put forth of

their bargaines, and then they shall not tell how to live,

otherwise they would have set to their hands.")

These examples of struggles over rights of common pasture are

instructive in several ways. In the first place, they suggest that the

freeholders were regarded as having a better title than the rest of the

community, and that they led the movement to resist encroachments for

that reason. It is the free tenants who petition Parliament for redress,

and the free tenants who are sued. If they lose their case it is not

worth while, it seems, for the customary tenants to take any action. In

the second place, they show that the classes who have the best legal

title to right of pasture are not at all commensurate with the classes

who will lose if they are taken away. Whatever the legal rights of the

other tenants may be they have as much practical benefit out of the

common, and as great an interest in protecting it against encroachments,

as the freeholders have. When the shearing away of part of it makes it

necessary to limit the number of beasts to be kept there, the limitation

is applied to free and customary tenements alike without distinction,

and both classes of tenements are bought and sold on the understanding

that they carry with them a right of common pasture. In the third place,

the case of Wootton Basset is one of many examples of the way in which

poverty, ignorance of the law, and the practical difficulties of getting

justice against a powerful landlord, prevent humble litigants from

enforcing their legal rights. Finally, it reinforces what has been said

above as to the economic importance of rights of pasture. The

arrangements which are made at Wootton Basset when the first assault

upon the commons takes place show clearly that grazing land is thought

of as a quite indispensable adjunct to every man's holding, and its loss

is so disastrous to the community that they are ready to be slowly bled

to death by lawyer's fees, rather than be beggared at a blow by

submitting tamely without a contest.

(c) _The Engrossing of Holdings and Displacement of Tenants._

We have dwelt at some length on the loss of rights of common, because

the misleading modern associations of the word seem sometimes to prevent

a proper appreciation of the very important place which they occupied in

the agricultural economy of our period. It must be confessed, however,

that, in dealing with them first, we have reversed the order in which

grievances due to enclosure were set out by the writers of the time.

Though there are many bitter complaints against the enclosure of

commons, it was, notwithstanding this, less the loss of rights of

pasture than the consolidation of small tenancies into great farms,

which aroused public excitement, at any rate, in the southern and

midland counties. In the Statutes the words enclosure and depopulation

are again and again combined as though they were almost synonymous; and

if a contemporary had been asked to explain the special evils most

characteristic of enclosing, he would certainly have given the first

place to the "engrossing of farms" and "depopulation," the throwing

together of peasant holdings and the eviction of their tenants. We must

now examine this side of the movement. Did the displacement of tenants

through the concentration of properties take place on the large scale

suggested by the passionate outbursts of contemporary writers, or were

their complaints as to empty villages and ruined churches mere

rhetorical exaggeration? Again, what was the legal position of the

classes of people who suffered? Were they entirely without the

protection of the law, or did they fail to obtain legal protection

principally in consequence of ignorance and intimidation?

It is easy to understand the strong motives for throwing together

peasant holdings, if we keep our eyes on the picture of agricultural

arrangements given in the maps. It will be seen that the different

blocks of demesne land are often separated from each other by two or

three strips belonging to the smaller tenantry, and that if such strips

were removed they could be fitted together into a wide and unbroken

expanse of territory. The manorial authorities have often, it is clear,

been for a long time consolidating the demesne by exchange and purchase,

so as to avoid the wastefulness of having land scattered in a hundred

separate pieces, and the only obstacle to its complete unification

consists of strips and patches which are held by tenants who are for one

reason or another unwilling to sell, small spits and islands which stand

out of the surrounding sea. Clearly there is an enormous temptation to

make the tide flow over them as well, to complete the circuit by merging

them in the demesne. Look, for example, at maps Nos. III., IV., and V.

Here it is evident that there has been a good deal of consolidation.

Both the tenants and the lord of the manor have been forming their

strips into compact blocks. To unity of ownership has been added

something like spatial unity. Still the process is by no means complete.

There are awkward little pieces of land which interrupt the smooth

surface of the great estate, pieces which one will have to walk round,

where, if the demesne is used as arable, the demesne plough must stop,

where, if it is used as pasture, a fence must be erected to shut out the

demesne sheep. Or walk down a typical field and mark how the land is

held. Here are the strips which one would pass, if one travelled from

end to end of two parallel furlongs at West Lexham[441] in Norfolk in

the year 1575. They are copied in order from the map--

-------------------------------------------------------------------------

FURLONG A. | FURLONG B.

ac. ro. po. | ac. ro. po.

1. Will Yelverton, | 1. Rob. Clemente,

Freeholder. | Freeholder.

2. Demesne 2 1 31 | 2. Demesne 0 2 4

3. Demesne 0 1 7-1/2| 3. Demesne 1 0 3

4. Will Yelverton, | 4. Demesne 1 0 39

Freeholder. |

5. Demesne 0 2 7 | 5. Demesne 0 1 24

6. Demesne 1 3 0 | 6. Demesne 1 0 38

7. Demesne 0 1 11 | 7. Demesne 0 1 22

8. Demesne 0 2 10 | 8. Demesne 1 2 19

9. Demesne 0 2 28 | 9. Will Lee, Freeholder.

10. Glebe. | 10. Will Gell, Copieholder.

11. Demesne 1 2 12 | 11. Demesne 1 1 39

12. Demesne 3 0 0 | 12. Demesne 2 3 39-1/2

13. Glebe. | 13. Demesne 2 1 25

These furlongs, though the predominance of demesne land in them makes

them not quite typical, illustrate sufficiently the awkward way in which

the great farmer's stretch of land is interrupted by the little property

of a freeholder or copyholder. The strips of Will Yelverton, Robert

Clement, Will Lee, and Will Gell must have been a constant eyesore to

the manorial authorities. Buy them out or evict them, and then the two

furlongs will consist of nothing but demesne land and glebe. They will

be two fields of quite a modern pattern and quite ready for enclosure.

Leave these tenants where they are, and they are a permanent obstacle to

unified management, all the more annoying because they are so petty.

They may even insist on the farmer observing the same course of

cultivation as themselves, and on turning their beasts to common on his

land after harvest! Is it not inevitable that, as soon as the lord is

pushed by economic forces into making his estate yield the maximum money

return irrespective of a numerous tenantry or of the ancient methods of

tillage, he should try in any way he can to get rid of what to him are

troublesome excrescences, that he should begin questioning titles,

screwing up rents, turning copyhold to leasehold?

If our hypothesis is correct we ought to be able to find manors where

the strips formerly held by tenants have been merged in the demesne, so

as to form a continuous expanse, in the hands of the lord or his farmer,

out of what was formerly a collection of fragments of separate holdings.

To see it verified, let us turn to another manor in the same county,

that of Walsingham,[442] which was surveyed in the reign of Henry VIII.

Here is a statement of the land which is "in the hands of the lord" in

the west field--

IN THE WEST FELDE

1. In manus domine [sic] 1/2 acre of land of the tenement Marre.

2. " " 1-1/2 roods of the tenement Furell.

3. " " 1/2 acre land of the tenement Stanx.

4. " " 1 acre, 1 rood land of the tenement Gryne.

5. " " 3 roods land of the tenement Scot.

6. " " 3-1/2 roods land of the tenement Townsend.

7. " " 1/2 acre land of the tenement Byelaugh.

8. " " 1/2 acre land of the tenement Wheteloffe.

9. " " 1/2 acre land of the tenement Scutt.

10. " " 1/2 acre land of the tenement Coyefor.

11. " " 1 acre with the gravel pit.

12. " " 3 roods land of the tenement Nedwyn.

13. " " 1 acre land late of J. Cockerell.

14. " " 3 roods land of the tenement Gilbert.

15. " " 1 acre and 1 rood of the tenement Spotell.

16. " " 3 roods land of the tenement Spotell.

17. " " 3 roods land of the tenement Husbond.

18. " " 1 acre of the tenement Rodengh.

19. " " 1/2 acre land of the tenement Pymans.

20. " " 3 roods of the tenement Scutt.

21. " " 1 acre of decay of the tenement Spotell.

[441] Holkham MSS., Map of West Lexham.

[442] R.O. _Aug. Off. Misc. Bks._, vol. cccxcix., f. 201 ff.

Here one has a field divided into twenty-one strips. Of these strips

eighteen had at one time been in the occupation of separate individuals.

The picture is just what we are accustomed to in mediæval surveys. It is

illustrated sufficiently for our purpose by the map of part of Salford,

on page 163. But some time before this survey of Walsingham was made a

great change had taken place. The separate fragments had been taken out

of the hands of the tenants and combined in the hands of the lord; the

field is ready for conversion to pasture and for enclosure. How

extremely profitable it might be to substitute a single large farm for a

number of small holdings is proved by Manorial Rentals. Taking five

manors in Wiltshire in the year 1568, one finds that the rents paid by

the farmer of the demesne work out at 1s. 6d., 7-3/4d., 1s. 5-3/4d., 1s.

1-3/4d., 1s. 5-1/2d. per acre; those paid by the customary tenants at

7-1/2d., 5d., 1s. 0-3/4d., 5-3/4d., 5-3/4d. per acre.[443]

[443] The manors are South Newton, Winterbourne Basset,

Knyghton, Donnington, and Estoverton and Phipheld (Roxburghe

Club, _Surveys of Pembroke Manors_).

The difference is, in itself, enough to explain a decided movement

towards an increase in the size of the unit of agriculture. But of

course a powerful incentive to such procedure was supplied by the

growth of pasture farming. In the days when the cultivation of the

demesne depended on the labour of the tenants there was obviously bound

to be a certain proportion between the land belonging to the former and

the land held by the latter, a proportion which might be expressed by

saying "no tenants, no demesne cultivation; no demesne cultivation, no

income for the lord." But when tillage was replaced by pasture farming

this economic rule of three ceased to work. On the one hand, the limit

of size imposed on the demesne farm by considerations of management was

removed or at any rate enormously extended, for many thousand sheep

could be fed by two or three shepherds. On the other hand, the economic

motive for preventing a decline in the number of small landholders was

weakened, because there was little use for their labour on a pasture

farm; while there was a great deal of use for their land, if only it

could be cleared of existing rights and added to it. We have, in fact,

an ordinary case of the depreciation of particular[444] kinds of human

labour in comparison with capital, of the kind to which the modern world

has become accustomed in the case of machinery--become accustomed and

become callous.

[444] This, of course, is not inconsistent with a general

appreciation, _i.e._ a general rise in wages and fall in the

rate of interest.

We shall perhaps best give precision to our ideas of the sort of policy

which landlords were inclined to adopt, by taking a single concrete

instance, though of course conditions varied locally very much from

place to place. It comes from Hartley[445] in Northumberland, where

Robert Delavale was lord of the manor in the reign of Elizabeth. The

narrator is his cousin, Joshua Delavale--

"Since which time" (_i.e._ 16 Eliz.), he says, "the said Robert

Delavale purchased all the freeholder's lands and tenements,

displaced the said tenants, defaced their tenements, converted

their tillage to pasture, being 720 acres of arable ground or

thereabouts, and made one demaine, whereon there is but three

plows now kept by hinds and servants, besides the 720 acres. So

that where there was then in Hartley 15 serviceable men

furnished with sufficient horse and furniture, there is now not

any, nor hath been these 20 years last past or thereabouts."

Here we get a complete example of the various steps which are taken to

build up a great pasture farm. The freeholders are bought out; the other

tenants are (it is to be inferred) evicted summarily; their houses are

pulled down; their land is thrown into the demesne; the whole area is

let down to pasture and managed by hired labourers, while the

land-holding population is turned adrift. It is worth noticing that the

word "enclosing" is not used. All the drastic changes that are usually

ascribed to enclosure can on occasion take place without it. Indeed, the

more drastic they are the less need is there to complete them by the

erection of fences, for the smaller the population left to commit

encroachments.

[445] _Northumberland County History_, vol. ix. p. 124. For a

similar case of evictions by Delavale, showing how they were

carried out, _ibid._, pp. 201-?202: "There was in Seaton

Delavale township 12 tenements, whereon there dwelt 12 able men

sufficiently furnished with horse and furniture to serve his

Majestie ... who paid 46s. 8d. rent yearlie a piece or

thereabouts. All the said tenants and their successors saving 5

the said Robert Delavale eyther thrust out of their fermholds or

weried them by taking excessive fines, increasing of their rents

unto £3 a piece, and withdrawing part of their best land and

meadow from their tenements ... by taking their good land from

them and compelling them to winne moorishe and heathe ground,

and after their hedging heth ground to their great charge, and

paying a great fine, and bestowing great reparation on building

their tenements, he quite thrust them off in one yeare, refusing

either to repay the fine or to repay the charge bestowed in

diking or building.... The said seven fermholds displaced had to

every one of them 60 acres of arable land, viz. 20 in every

field at the least, as the tenants affirme, which amounteth to

480 acres of land yearlie or thereabouts, converted for the most

part from tillage to pasture, and united to the demaine of the

lordship of Seaton Delavale."

If such a process were general or even common, we should certainly have

the materials of a social revolution. But was it? The much discussed

question of the effect of the agrarian changes on the numbers of the

rural population is one which it is not possible to answer with any

approach to accuracy, owing to the difficulty of obtaining a sufficient

number of continuous series of surveys and rentals. Those relating to

single years tell mainly results, when what we want to see is a process.

Nevertheless even single surveys are not altogether without value. They

show the distribution of land between different classes at a given

moment, and sometimes contain indications of the changes by which the

existing distribution was reached. In particular they show us the

relative areas of the demesne farm and of the land in the hands of all

other classes of tenants. And this has a certain interest. For since the

demesne farm on a manor where conditions approximated most closely to

those of the Middle Ages and had been least affected by more recent

changes, rarely contained more than half the whole manorial territory

and generally not so much, there is a _prima facie_ case for surmising

concentration of holdings and evictions when one finds two-thirds,

three-quarters, or even ninety per cent. of it in the hands of one large

farmer. It is, however, a very tedious task calculating the acreage held

by a number of different tenants, and this may perhaps excuse the small

number of instances which are given below. They are as follows:--

TABLE XII

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

| | (I.) | (II.) | |

| Manor. | Whole Area | Area held | Percentage |

| | Ascertainable. | by Farmers | of |

| | [446] | of Demesnes.| (II.) to (I.).|

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

|Donnyngton | 1523-1/2 | 418 | 27.8 |

|Salford | 856 | 295 | 34.4 |

|Estoverton and Phipheld| 1160 | 484-3/4 | 41.0 |

|Weedon Weston | 715 | 301 | 42.0 |

|South Newton | 1365 | 632 | 46.3 |

|Washerne | 1249 | 707 (in | 56.6 |

| | | hands of | |

| | | lord) | |

|Knyghton | 452 | 268 | 59.2 |

|Bishopeston | 1280 | 805 | 62.9 |

|Gamlingay Merton | 283-1/2 | 199-3/4 | 70.3 |

|Winterborne Basset | 708-1/2 | 532 | 75.1 |

|Billingford | 666 | 507 | 76.1 |

|Gamlingay Avenells[447]| 531-3/4 | 420-1/4 | 79.0 |

|Domerham[448] | 960-1/2 | 824-1/2 | 85.8 |

|Ewerne | 473 | 428 | 90.5 |

|Burdonsball | 190 | 190 | 100.0 |

|Whadborough | 469 | 469 | 100.0 |

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

[446] In several cases the freeholders' lands are not stated in

the survey, and are therefore not included in this table.

[447] A few acres described as "held without title" are omitted.

[448] I am not sure that there are not other lands in Domerham

not included in the survey or in the demesne. If this is so, the

proportion of the latter to the rest of the manorial land would

of course be reduced.

It will be seen that on eight of these sixteen manors more than

two-thirds of the whole area, and on seven more than three-quarters, is

in the hands of one individual, the farmer of the demesnes. These

figures are at any rate not inconsistent with a considerable

consolidation of tenancies and displacement of tenants, though we cannot

say that they prove it.

Occasionally the surveys take us behind this presumptive evidence and

enable us to trace the building up of large farms out of small holdings.

For example, at Ormesby,[449] in 1516, the lord of the manor held 219

acres "late in farm" of six tenants. At Domerham,[450] some time before

1568, enclosure of land in the open fields and conversion of arable to

pasture had been carried out by the largest of the three farmers. The

process had been accompanied by depopulation; for in 1568 his farm

included pieces of land which had formerly belonged to four smaller

tenants, and the two large farms which he held had formerly been in

separate hands. It is probable that at Winterbourne Basset[451] somewhat

the same movement had taken place. In 1436 two carucates of land were

held by an unspecified number of tenants; in 1568 three customary

tenants are still found there, but three-quarters of the manor is in the

hands of a single farmer who has recently enclosed a field of 40 acres.

Elsewhere one can fill in the picture in somewhat greater detail. At

Tughall,[452] in Northumberland, the surveyor tells us in 1567, the

demesne lands had been let to a farmer, who acted as the lord's bailiff

and collected the rents and services of the other tenants. He used his

position to partition the manor so as to get rid of the intermingled

holdings, and at the same time so harassed the smaller tenants that they

were reduced from twenty-three to eight. At Cowpen[453] a similar

concentration of land was going on at the end of the sixteenth century;

first five tenancies were thrown into one, and then the whole manor

passed into the hands of one large farmer. At Newham,[454] near Alnwick,

we are told that a hundred and forty men, women, and children were

evicted simultaneously. At Seaton[455] Delavale, the Robert Delavale who

had depopulated Hartly, turned adrift seven families out of twelve. The

map of a Leicestershire manor which is reproduced opposite page 223 is

more eloquent than many lamentations. In "the place where the town of

Whadboroughe once stood" there was by 1620 not a single tenant left. The

whole of it formed one great expanse of pasture.

[449] R.O. Rentals and Surveys, Gen. Ser., Portf. 22, No. 18.

[450] Roxburghe Club, _Surveys of Pembroke Manors_.

[451] _Ibid._, and Hoare, _History of Wiltshire_, Hundred of

Ambresbury.

[452] _Northumberland County History_, vol. i. p. 350.

[453] _Ibid._, vol. ix., Cowpen.

[454] _Ibid._, vol. i. p. 275.

[455] _Ibid._, vol. ix. pp. 201-202.

But these isolated instances are obviously worthless as a basis for

generalisation. The most that can be said of them is that they prove

that the writers who spoke of whole towns being depopulated were not

romancing. Nor are the statistics offered by contemporaries of any

practical help towards determining the social effects of enclosure.

Those who state, like Moore[456] (writing in the seventeenth century),

that they have seen "in some townes fourteen, sixteen, and twenty

tenants discharged of plowing," or, like the Dean of Durham,[457] that

"500 ploughs have decayed in a few years" and "of 8000 acres lately in

tillage now not 8 score are tilled," may have seen what they say. But

these figures are suspiciously round, and the cases are obviously

extreme ones, not samples. The one[458] writer who makes an estimate for

the whole country, putting the number of persons of all ages displaced

between 1485 and 1550 at 300,000, is rash enough to explain how his

estimate was reached, and his explanation shows that it was not even a

plausible guess.

[456] Moore, _The Crying Sin of England_, &c.

[457] Cal. S. P. D. Eliz., 1595-1597 (p. 347), quoted Gay,

_Quarterly Journal of Economics_, vol. xvii.

[458] "Certayne Causes gathered together wherein is shewed the

decaye of England only by the great multitude of shepe" (E. E.

T. S. date 1550-1553). "It is to understande ... that there is

in England townes and villages to the number of fifty thousand

and upward, and for every town and village ... there is one

plough decayed since the fyrst year of the reign of King Henry

VII.... The whiche 50,000 ploughs every plough was able to

maintain 6 persons, and nowe they have nothing, but goeth about

in England from dore to dore."

The returns collected for the Government seem at first to take us on to

surer ground. Investigations were made by Royal Commissioners[459] in

the years 1517-1519, 1548, 1566, 1607, 1632, 1635, and 1636. The returns

collected for twenty-three counties by the Commission of 1517, for four

counties by those of 1548-1566, and for six counties by that of 1607

have been printed. According to them, it would appear that between 1485

and 1517 about one-half per cent. of the total area of the counties

investigated was enclosed, and 6931 persons displaced, the corresponding

figures for the period 1578-1607 being 69,758 acres and 2232 evictions.

Both in the earlier, and in the later, period, the county which was

affected most severely was Northamptonshire, where 2.21 per cent. of the

county was returned as enclosed in the years 1485-1517, and in the years

1578-1607 4.30 per cent., the numbers displaced being respectively 1405

and 1444. If we like, we may adopt the conjectural estimates of

Professor Gay, and, assuming that the pace of the movement was the same

during the years for which we have not information as during those for

which we have, may say with him that from 1455 to 1607 the agrarian

changes affected about 2.76 of the whole area of twenty-four counties,

and displaced something between 30,000 and 50,000 persons.

[459] For a discussion of the value of these reports see Leadam,

_Domesday of Enclosures_, and _Trans. Royal Hist. Soc._, New

Series, vol. vi.; Gay, _Trans. Royal Hist. Soc._, New Series,

vol. xiv. and vol. xviii.; Gay, _Quarterly Journal of

Economics_, vol. xvii. (1902-1903). A useful summary of the

evidence, with a map illustrating the probable geographical

distribution of the movement, is given by Johnson, _The

Disappearance of the Small Landowner_, pp. 42-54 and Map I.

The statistics which have been worked up by Mr. Leadam and Professor Gay

from the inquiries of the Government are extremely valuable as showing

the geographical distribution of the enclosing movement. It is most

powerful in the Midland counties, which were in the sixteenth century

the chief granary of the country, and its influence is least in the

South-West and South-East. In Somersetshire, Devonshire, and Cornwall,

Suffolk, Essex and Kent the small enclosures[460] described in Part I.

had probably often been carried out by the peasants themselves at an

early date, with the result that those districts were, compared with the

open field villages of the Midlands, little disturbed. Those parts of

the country, in fact, where the peasantry have been most progressive,

are relatively unaffected by the changes of our period. They have been

inoculated and they are almost immune. On the other hand, one is

inclined to say that the figures are not of much value for other

purposes. In the nature of things they cannot be reliable, and, if they

were reliable, they would not really answer the most important questions

which are asked about the social results of the changes to which they

refer. Let us remember the methods by which they were collected. They

are taken from returns which are in the form of answers delivered to

commissioners by juries of peasants, juries which we know from the most

active of the commissioners to have been occasionally packed by the

local proprietors, and often intimidated,[461] and to have been examined

by the commissioners under the eyes of their landlords. It is hardly

necessary to point out that no evidence of even approximate accuracy

would be derived from an inquiry conducted in such a fashion at the

present day. Is it probable that it was obtained any more satisfactorily

in the sixteenth century?

[460] It is a question how far there had ever been an open field

system in some of these counties, _e.g._ Cornwall and Kent.

There certainly were some open field villages of the ordinary

pattern in Kent (see Slater, _The English Peasantry and the

Enclosure of Common Fields_, p. 230). But Kent from an early

date develops on its own lines, and does not go through the same

stages of manorialism and commutation as other counties. Much of

it seems to start at the point which they reach only in the

sixteenth century. Cornwall again, though in the sixteenth

century there were commons where the villagers pastured their

cattle together (see accounts of Landress and Porpehan,

_Topographer and Genealogist_, vol. i.), was largely a county of

scattered homesteads and very early enclosure (for the

"nucleated village" and "scattered homesteads," see Maitland,

_Domesday Book and Beyond_, pp. 15-16), pointing to a different

system of settlement from that of the counties where the open

field system obtained. For enclosures in Devon and Somerset see

Cunningham, _Growth of English Industry and Commerce_, Modern

Times, Part II., App. B: "A consideration of the cause in

question before the lords touchinge depopulation," and Carlyle's

_Cromwell_, Letter XXIV. "Lest we should engage our body of

horse too far into that enclosed country."

[461] For intimidation see the case of Wootton Basset, quoted

above, pp. 251-253, and below, pp. 302-304. Also Gay, _Trans.

Royal Hist. Soc._, New Series, vol. xviii.; and Hales' defence

(appendix to Miss Lamond's introduction to _The Commonweal of

this Realm of England_).

Nor, if accurate, could these statistics really be used as a means of

disproving the accounts given by contemporary writers of the dislocation

produced by enclosure. That those accounts were highly coloured, no one

familiar with the methods which the age brought to the discussion of

economic questions will doubt. Professor Gay does well to warn us

against credulity. It is certainly a salutary discipline to turn from

the burning words of Latimer or Crowley to these official calculations,

and then, by a glance at the chapters of Dr. Slater and Professor Gonner

on the enclosures of the eighteenth century, to realise that even in

those parts of England where the cry against depopulation had arisen

most bitterly two centuries before, there were still thousands of acres

to be enclosed by some hundreds of Enclosure Acts. But if we must

discount the protests of authors to whom all large economic changes seem

to smell of the pit, we must not forget either that their views are

formed by the conditions of their age, and that it is just in the

conditions productive of this state of mind that even a moderate change

is likely to work with the most disastrous effects. We who reckon in

millions and count a year lost which does not see some new outburst of

economic energy, must be very careful how we apply our statistics to

measure the movements of an age where economic life differs not only in

quantity but in quality, where most men have never seen more than a

hundred separate individuals in the course of their whole lives, where

most households live by tilling their great-grandfathers' fields with

their great-grandfathers' plough. We must not be too clever--our

ancestors would have said too wicked--for our subject. We must not

accept an estimate of the amount of depopulation as an explanation of

its effects; for the two things are not in _pari materia_. Certainly we

must not argue that, because the returns collected by Royal Commissions

show that in the counties affected most severely less than one-twentieth

of the total area was enclosed, therefore the complaints of observers

must be taken as a hysterical exaggeration of slow and unimportant

changes. For one thing, summary tables are no measure of the distress

caused by eviction, till we know how the tables are made up. The

drifting away of one tenant from each of fifty manors, and the eviction

of fifty tenants from one manor, yield precisely the same statistical

results when the total displacement from a given county is being

calculated. But the former would be scarcely noticeable; the latter

might ruin a village. For another thing, the total area of a county is a

mere spatial expression, which is important to no one except

geographers. What mattered to the peasantry, and what matters to us, is

not the proportion which the land enclosed bore to the whole area of the

county, but the proportion which it bore to the whole area available for

cultivation. This, which is of course not ascertainable, is clearly a

very different thing.[462] It is no consolation to a family which has

been evicted from a prosperous farm to be told that it can settle on a

moor or a marsh, on Blackstone Edge or Deeping Fen. To argue that

enclosing was of little consequence, because so small a proportion of

the total land area was enclosed, is almost precisely similar to arguing

that overcrowding is of little consequence, because the area of Great

Britain divided by the population gives a quotient of about one and a

half acres to every human being in the country. The evidence of a

general trend of opinion during a century and a half--opinion by no

means confined to the peasants, or to the peasants' champions like

Hales, or to idealists like Sir Thomas More, or to the preachers of

social righteousness like Latimer and Crowley, but shared by Wolsey and

Thomas Cromwell in the earlier part of the century, Robert Cecil and

Francis Bacon[463] at the end of it--to the effect that the agrarian

changes caused extensive depopulation, is really a firmer basis for

judging their effects than are statistics which, however carefully

worked up, are necessarily unreliable, and which, when reliable, are not

quite the statistics required. When that opinion is backed by

documentary proof that from one village thirty persons, from another

fifty, from another the whole population, were displaced, though of

course we cannot say that such displacement was general, we can say that

it was not unknown, and that if contemporaries were guilty of

exaggeration (as they probably were), their exaggeration took the form

not of inventing extreme cases, but of suggesting that such extreme

cases were the rule. On the whole, therefore, our conclusions as to the

quantitative measurement of depopulation caused in the sixteenth century

must still, in spite of the researches of Mr. Leadam and Professor Gay,

be a negative one. In the first place, we cannot say, even

approximately, what proportion of the total landholding population was

displaced. In the second place, such figures as we do possess are not of

a kind to outweigh the direct evidence of contemporary observers that

the movement was so extensive as in parts of England to cause serious

suffering and disturbance.

[462] Professor Pollard has good remarks on this point

(_Political History of England_, 1547-1603, p. 29).

[463] Wolsey was responsible for the Commission of 1517. For a

letter of Cromwell to Henry VIII. on the subject of enclosure,

and for the views of Cecil and Bacon, see below, pp. 273-274,

279, 343, 387.

(d) _The Agrarian Changes and the Poor Law_

The obscurity in which the statistics of depopulation are involved does

not prevent us from seeing that it played an important part in providing

an incentive to the organisation of relief on a national and secular

basis, which was the most enduring achievement of the social legislation

of sixteenth century statesmen. An influential theory of Poor Law

History regards the admission finally made in 1601 that the destitute

person has, not only a moral, but a legal, right to maintenance, as a

last fatal legacy handed to the modern state by the expiring social

order of the Middle Ages, a relic of villeinage which was given a

statutory basis at the very moment when a little more patience would

have shown that a national system of poor relief was not only

unnecessary, but positively harmful, in the new mobile society which the

expansion of commerce and industry was bringing into existence.

"Serfdom," says an eminent exponent of this view, "is itself a system of

Poor Law. The Poor Law is not therefore a new device invented in the

time of Elizabeth to meet a new disease. The very conception of a

society based on status involves the conception of a Poor Law far more

searching and rigid than the celebrated 43 Eng. cap. 2.... The

collective provision is appropriate to the then expiring condition of

status.... A wide diffusion of private property, not collective

property, is the obvious and natural method by which the unable-bodied

periods of life are to be met. With the disappearance of Feudalism we

might have expected that there would have disappeared the custom which

made the poor a charge upon the manor or parish of which they had

formerly been serfs. This, however, did not happen, and a history of

this survival of mediæval custom is the history of the English Poor

Law.... To sum the matter up:--In following the development of Poor Law

legislation, we watch society struggling to free itself from the fetters

of a primitive communism of poverty and subjection, a state of things

possessing many 'plausible advantages.' Legislation for the management

of the Poor often impeded, and only occasionally expedited, this

beneficent process.... It proceeded from ignorance of the true nature of

progress, and from a denial or neglect of the power of absorption

possessed by a free society."[464] It is obvious that in this passage

Mr. Mackay uses his interpretation of Poor Law origins to make a very

trenchant criticism upon the whole principle involved in the public

maintenance of the destitute. That principle was not introduced because

new conditions made its adoption indispensable. It survived from an

older order of things into a world in which the only serious causes of

destitution are personal and not economic, and in which therefore it is

quite inappropriate. To tolerate it is to drag for ever a clanking

chain, one end of which is fastened round the bleeding ankles of modern

society, and the other anchored in the hideous provisions of the Statute

of Labourers. Nor should we be wrong if we said that a similar theory,

though less lucidly expressed, has had a considerable influence upon

Poor Law practice. For the idea of a Poor Law as an anachronism which is

quite out of place in a developed economic society is implied more than

once in the celebrated report drafted by Senior and Chadwick in 1834,

and has passed from that brilliant piece of special pleading into the

minds of three generations of administrators. "A person," they state,

"who attributes pauperism to the inability to procure employment, will

doubt the efficiency of the cause which we propose to remove it,"

whereas "whenever inquiries have been made as to the previous condition

of the able-bodied individuals who live in such numbers on the town

parishes, it has been found that the pauperism of the greater number has

originated in indolence, improvidence, and vice, and might have been

avoided by ordinary care and industry. The majority of the Statutes

connected with the administration of public relief have created new

evils, and aggravated those which they were intended to prevent."[465]

[464] Mackay, _History of the English Poor Law_, 1834-1898, pp.

10-11, 16-17.

[465] _Poor Law Commission Report of 1834_, pp. 264-277, 281.

A discussion of Poor Law theory and history falls outside the limits of

this essay. But in forming an estimate of the effects of the agrarian

changes which have been described above, it is perhaps not out of place

to consider the minor question of the connection between them and the

system of Poor Relief which took its final shape in the reign of

Elizabeth. Since the distress which the relief institutions of an age

exist to meet stands to its general economic conditions in the relation

of reverse to obverse, of effect to cause, of disease to environment,

much light is thrown on the economic difficulties most characteristic of

any period by ascertaining the type of distress with which relieving

authorities are most generally confronted. Equally important, any

student of Poor Law History, who is not the partisan of a theory, finds

himself constantly driven to look for an explanation of Poor Law

developments in regions which, at first sight, appear to lie far outside

his immediate subject, but where, in reality, is grown the grim harvest

which it is the duty of Poor Law authorities, often acting in complete

ignorance of its origin, to reap. Much wild theorising and some tragic

practical blunders might have been avoided, had it been more generally

realised that, of all branches of administration, the treatment of

persons in distress is that which can least bear to be left to the

exclusive attention of Poor Law specialists, because it, most of all

matters, depends for its success on being carefully adapted to the

changing economic conditions, the organisation or disorganisation of

industry, the stability or instability of trade, the diffusion or

concentration of property, by which the nature and extent of the

distress requiring treatment are determined.

When one turns to the age in which the Poor Law took shape, the first

thing to strike one is that the need for it arises, according to the

views expressed by most writers of the period, from that very

development in commercial relationships, that very increase in economic

mobility, which Mr. Mackay seems to imply should have made it

unnecessary. The special feature of sixteenth century pauperism is

written large over all the documents of the period--in Statutes, in

Privy Council proceedings, in the records of Quarter Sessions. The new

and terrible problem is the increase in vagrancy. The sixteenth century

lives in terror of the tramp. He is denounced by moralists, analysed

into species by the curious or scientific, scourged and buffeted by all

men. The destitution of the aged and impotent, of fatherless children

and widows, is familiar enough. It has been with the world from time

immemorial. It has been for centuries the object of voluntary

charitable effort; and when the dissolution of the monasteries dries up

one great channel of provision, the Government intervenes with special

arrangements[466] to take their place a whole generation before it can

be brought to admit that there is any problem of the unemployed, other

than the problem of the sturdy rogue. The distinction between the

able-bodied unemployed and the impotent is one which is visible to the

eye of sense. The distinction between the man who is unemployed because

he cannot get work and the man who is unemployed because he does not

want work, requires a modicum of knowledge and reflection which even at

the present day is not always forthcoming. The former distinction,

therefore, is not supplemented by the latter until the beginning of the

last quarter of the century.[467] In one respect, that of the Law of

Settlement, the English Poor Law does show traces of a mediæval origin.

In all other respects, so far from being a survival from the Middle

Ages, it comes into existence just at the time when mediæval economic

conditions are disappearing. It is not accepted at once as a matter of

course that the destitute shall be publicly relieved, still less that

the able-bodied destitute deserve anything but punishment. Governments

make desperate efforts for about one hundred years to evade their new

obligations. They whip and brand and bore ears; they offer the vagrant

as a slave to the man who seizes him; they appeal to charity; they

introduce the parish clergy to put pressure on the uncharitable; they

direct the bishops to reason with those who stop their ears against the

parish clergy. When merely repressive measures and voluntary effort are

finally discredited, they levy a compulsory charge rather as a fine for

contumacy than as a rate, and slide reluctantly into obligatory

assessments[468] only when all else has failed. And if we ask why the

obligation of maintaining the destitute should have received national

recognition first in the sixteenth century, we can only answer by

pointing to that trend away from the stationary conditions of

agriculture to the fluctuating conditions of trade, and in particular to

that displacement of the rural population, which we have already seen

was one result of enclosure. The national Poor Law is not a mediæval

anachronism. It is the outcome of conditions which seem to the men of

the sixteenth century new and appalling. Of these conditions the most

important are the agrarian changes.

[466] 27 Hen. VIII., c. 25. Under this Act city and county

authorities are to relieve impotent beggars "by way of voluntary

and charitable alms." They are also for the first time given

power to apprentice vagrant children.

[467] 18 Eliz. c. 3 directed that a stock of wool, flax, hemp,

iron, or other stuff should be provided in cities, corporate

towns, and market towns. The important words which show the

change of opinion are, "To the intente also that ... Roges ...

may not have any just excuse in saying they cannot get any

service or work."

[468] 14 Eliz. c. 5.

Let us try for a moment to put ourselves in the position of a family

which has been evicted from its holding to make room for sheep. When the

last stick of furniture has been tumbled out by the bailiff, where, poor

houseless wretches, are they to turn? They cannot get work in their old

home, even if they can get lodgings, for the attraction of sheep-farming

is that the wage bill is so low. Will they emigrate from England like

the Scotch crofters? There are people who in the seventeenth century

will advise them to seek a haven with the godly folk who have crossed

the Atlantic, who will argue that England is overstocked, that "there is

such pressing and oppressing in town and country about farms, trades,

traffic, so as a man can hardly anywhere set up a trade but he shall

pull down two of his neighbours," and point out that "the country is

replenished with new farmers, and the almhouses are filled with old

labourers," that "the rent-taker lives on sweet morsels, but the

rent-payer eats a dry crust often with watery eyes."[469] But enclosures

have been going on for a century before the plantations exist to offer a

refuge, and in any case the probability of the country folk hearing of

them is very remote. Can a man migrate to seek work in another part of

the country? Not easily, for, apart from the enormous practical

difficulties, the law puts obstacles in his way, and the law is backed

up with enthusiasm by every parish and town in the country. There are

three possible attitudes which a State may adopt towards the questions

arising from the ebb and flow of population. It may argue, with the

optimists of 1834, that the mobility of labour is a good thing, a

symptom of alertness and energy, and that it will take place of itself

to the extent which is economically desirable, provided that no

impediments are placed in the way of those who desire to better

themselves by looking for work elsewhere. Or, while believing that it is

much to be desired that people should migrate freely from place to place

in search of employment, it may nevertheless reflect that the mere

absence of restrictions does not in fact stimulate such movement, and

therefore take upon itself its encouragement through the publication of

information and the registration of unemployed workers. Or,

subordinating economic to political considerations, it may hold that the

movement of a large number of unemployed persons up and down the country

is not an indication of a praiseworthy spirit of enterprise, but a

menace to public order which must be sternly repressed. We need hardly

say that this last view is the one characteristic of the sixteenth

century. The attitude towards the man on tramp in search of employment

is exactly the opposite of that which is held at the present day. He is

not less, but much more, culpable than he who remains in his own parish

and lives on his neighbours. He is assumed not to be seeking work but to

be avoiding it, and avoiding it in a restless and disorderly manner.

Hear what the worthy Harrison says when the State has already made the

provision for the unemployed a charge upon each parish:--"But if they

refuse to be supported by this benefit of the law, and will rather

endeavour by going to and fro to maintain their idle trades, then are

they adjudged to be parcel of the third sort (_i.e._ wilful vagrants),

and so, instead of courteous refreshing at home, are often corrected

with sharp execution and whip of justice abroad. Many there are which,

notwithstanding the rigour of the laws provided on that behalf, yield

rather with this liberty (as they call it) to be daily under the fear

and terror of the whip, than by abiding where they were born or bred, to

be provided for by the devotion of the parishes."[470] The village is

still thought of as the unit of employment. It is still regarded as

being equipped with the means of finding work for all its inhabitants,

as though there had been no movement towards pasture-farming to prick a

hole in its economic self-sufficiency. The presumption, therefore, is

against the man who leaves the parish where he is known to his

neighbours. He must prove that he is going to take up work for which he

is already engaged. He must get a licence from his last employer. As far

as the able-bodied are concerned the Poor Law is in origin a measure of

social police. Relief is thrown in as a makeweight, because by the end

of the sixteenth century our statesmen have discovered that when

economic pressure reaches a certain point they cannot control men

without it. The whip has no terrors for the man who must look for work

or starve. So every Sunday after church, while Parson's sermon is still

fresh in our minds, we board out our poor by rotation "among such

householders as will maintain them meat and work and such wages as they

shall deserve for the week following."[471] Heaven help us if the next

parish does not do the same!

[469] Robert Cushman, "Reasons and Considerations touching the

Lawfulness of Removing out of England into the parts of America"

(printed by E. Arber, _The Story of the Pilgrim Fathers_).

[470] Harrison in _Elizabethan England_ (Withington), chap. x.

[471] _Hist. MSS. Com._, Marquis of Salisbury, Part VII., pp.

160-161: "Orders agreed to by the Justices of the Peace for

Cornwall at General Sessions for Bodmin the 5th and Truro the

8th of April, 39 Eliz."

And the Poor Law is a police measure for the necessity of which the

agrarian changes are largely responsible. In spite of all the obstacles

in the way of migration, in spite of whip and courteous refreshment, men

do in fact migrate, and not only men, but women and children. By the

latter part of the century, at any rate, statesmen have begun to

understand that pauperism and vagrancy stand to the depopulation caused

by enclosure in the relation of effect to cause. The revolution in the

official attitude to the problem caused by this belated illumination is

as great as that which has taken place in the last ten years with regard

to unemployment. Once the new standpoint has been seized, though

opinion, and the opinion not only of the ruling classes, but of

burgesses and villagers, still treats the vagrant with iron severity, it

never quite relapses into the comfortable doctrine, the grand discovery

of a commercial age, that distress is itself a proof of the demerits of

its victim, and that Heaven, like a Utilitarian philosopher, permits

the existence of destitution only that it may make "less eligible" the

lot of "improvidence and vice." It is saved from this last error not by

the lore of economists, but because it regards economic questions

through the eyes of a sturdy matter-of-fact morality. It is sufficiently

enlightened to recognise that even among vagrants there is a class which

is more sinned against than sinning, a class of whom it can be asked "at

whose hands shall the blood of these men be required?"[472] It is

sufficiently ingenuous to answer by pointing to "some covetous man" who,

"espying a further commodity in their commons, holds, and tenures, doth

find such means as thereby to wipe many out of their occupyings and turn

the same unto his private gains."[473] Occasionally the effect of

enclosures is brought home to the encloser in a practical way, by

compelling him not only to pay a fine to the Crown, but also to make a

contribution towards the relief of the poor whose numbers he has

increased.[474]

[472] Harrison, _loc. cit._

[473] _Ibid._

[474] Camden Society, 1886. Cases in Courts of Star Chamber and

High Commission, Michaelmas, 7 Caroli, Case of Archer. (The

allusion in the text is to a precedent cited in this case.)

To see the way in which the relation between the problems of pauperism

and of agrarian depopulation is regarded, turn to the debates in the

House of Commons. In the year 1597, when both questions are acute (the

preceding year had seen a recrudescence of agrarian rioting), a member

or minister, probably Robert Cecil, is preparing notes for a speech[475]

on the subject in Parliament. What are the points he emphasises? They

are the high price of corn caused by bad harvests and the manipulations

of middlemen, the enclosing of land and the conversion of arable to

pasture, which naturally intensifies the difficulty of securing adequate

food supplies, "the decaying and plucking down of houses, ... and not

only the plucking down of some few houses, but the depopulating of whole

towns ... and keeping of a shepherd only, whereby many subjects are

turned without habitation, and fill the country with rogues and idle

persons." When Parliament meets in October, the House is at once busy

with different aspects of the same question.[476] Bills are introduced

dealing with forestallers, regrators, and engrossers of corn, with

vagrancy and pauperism, and with enclosures, and a committee is

appointed to consider the latter question. In the debates which follow

there is the usual division of opinion between the champions of economic

reform and the advocates of more, and more ruthless, "deterrence,"

between those who wish to legislate as to causes and those who are

mainly occupied with symptoms. Bacon, master as ever of the science of

his subject, insists with invincible logic that pauperism is one part of

the general agrarian problem, and he is supported by Robert Cecil. On

the other hand, the experts as to pauperism--we can imagine the county

justices fresh from their whippings and relief committees and houses of

correction, fresh, too, from enclosure and depopulation--complain that

their special subject is being overlooked in a general and dangerous

discussion on the economic causes of distress, and that the committee

"has spent all their travel about the said enclosures and tillage, and

nothing about the said rogues and poor." That this should have been the

popular line to take needs no explanation. A Parliament which dares

discuss not only how to manipulate the lives of the poor, but the

fundamental causes of their misery, is a Parliament which the eye of man

had not yet, has not yet, beheld. Compared with other representative

assemblies, compared with itself at a later date, the Elizabethan House

of Commons, debating in an age when it could be said that government was

"nothing but a certein conspiracy of riche men procuringe theire owne

commodities under the name and title of the Common Wealth," had the

grace to show some stirrings of compunction. If members who had grown

fat on the tragedy which they were discussing spoke of their victims as

members will speak, ministers at least were independent, and could

venture, like Cecil, to tell the House unpalatable truths. Of the two

Acts against enclosure, which were the result of this session's

deliberations, we shall speak later. What is worth noticing here is the

disposition, even in a Parliament composed of country gentlemen, to

emphasise the connection between the problems with which anti-enclosure

and anti-vagrancy legislation have to deal. It is summed up in the

eloquent peroration of a nameless member. "As this bill entered at first

with a short prayer, 'God speed the plough,' so I wish it may end with

such success as the plough shall speed the poor."[477]

[475] _Hist. MSS. Com._, Marquis of Salisbury, Part VII., Nov.

1597. "Notes for the present Parliament."

[476] _D'Ewes' Journal_, pp. 551-555; see also Leonard, _The

Early History of English Poor Relief_, pp. 73-75.

[477] _Hist. MSS. Com._, Marquis of Salisbury, Part VII., pp.

541-543.

What became of the families displaced from the soil between their final

eviction and that subsidence upon the stony breast of the Elizabethan

Poor Law, which, for some of them, was their ultimate fate? There is no

certain information to guide us. The tragedy of the tramp is his

isolation. Every man's hand is against him; and his history is

inevitably written by his enemies. Yet, beneath denunciations hurled

upon him by those who lived warm and slept soft, we can see two

movements going on, two waves in a vast and silent ebbing of population

from its accustomed seats. In the first place there is a steady

immigration into the towns on the part of those "who, being driven out

of their habitations, are forced into the great cities, where, being

very burdensome, men shut their doors against them, suffering them to

die in the streets and highways."[478] The municipal records of the

periods teem with complaints of the disorder, the overcrowding, the

violation of professional bye-laws, caused by rural immigration. The

displaced peasant is the Irishman of the sixteenth century, and, like

the Irishman, he makes his very misery a whip with which to scourge, not

alas! his oppressors, but men who often are not much less wretched than

himself. He turns whole quarters into slums, spreads disease through

congested town dwellings, and disorganises the labour market by crowding

out the native artisan. Gild members find themselves eaten up by

unlawful men who have never served an apprenticeship in the town, and

retort with regulations requiring the deposit of a prohibitive sum as an

entrance fee from all immigrants who want to set up shop, especially

from those wretches who are thought to have a large family of children,

at present snugly concealed in their last place of residence, but soon

to be surreptitiously introduced, a brood of hungry young cuckoos, if

once their parents get a footing in the town.[479] Borough authorities,

who see cottages "made down" into tenements in which pestilence spreads

with fearful rapidity, seek to stamp out the very possibility of

invasion by prohibiting the erection of new cottages or the subdivision

of old. To judge by their behaviour, the notorious Statute of 1662,

which codified the existing customs as to settlement, must have been one

of the most popular pieces of legislation ever passed by Parliament.

Town[480] after town in the course of the sixteenth century tries to

protect itself by a system of stringent inspection worthy of modern

Germany. Sometimes there is a regular expulsion of the aliens.

"Forasmuch as it is found by daily experience," declare the authorities

of Nottingham,[481] "that by the continual building and erecting of new

cottages and poor habitations, and by the transferring of barns and

suchlike buildings into cottages, and also by the great confluence of

many poor people from forrein parts out of this towne to inhabit here,

and lykewise by the usual and frequent taking in of inmates into many

poor habitations here, the poorer sort of people do much increase ... it

is ordered that no burgess or freeman on pain of £5 erect any cottage or

convert any building into a cottage in the town without license of the

Mayor, that no burgess or freeman, without a license, receive any one

from the country as a tenant, that every landlord be bound in the sum of

£10 to remove all foreign tenants who have entered in the last three

years before May 1st next." What most boroughs do for themselves is

finally, after many regulations have been made by the Common Council,

done for London by Parliamentary legislation. It is not a chance that

the end of Elizabeth's reign sees the first two Housing Acts, one[482]

in 1589, enacting that only one family may live in a house, the

other[483] applying to London alone, and forbidding the division of

houses into tenements, the receiving of lodgers, or the erection of new

houses for persons who are assessed in the subsidy book at less than £5

in goods or £3 in lands. The evicted peasants are beginning to take

their revenge. They have been taking it ever since.

[478] Lansd. MSS. 83, f. 68, quoted Gonner, _Common Land and

Enclosure_, p. 156 n.

[479] _e.g. Nottingham Records_, vol. iv. pp. 170-171, Nov. 4,

1577: "Any burgess that hath not been prentice to pay £10 and no

pardon. _Records of Leicester_, vol. iii. p. 351, Oct. 17, 1598:

"He is inhibited from dwelling in your corporation unless he

finds bonds for £200 that neither his wife nor children shall be

burdensome to the town." _Southampton Court Leet Records_, vol.

i., Part I.: "One William Dye, undertenant to John Netley, dothe

lyve idelly and hathe no trade.... He hathe 4 or 5 children in

places from whence he came whom he will bring shortly hither, yf

he may be suffered here to remayne, whom we desyer may be

examined and removed from hence according to the Statute."

[480] Some instances are given by Leonard, _Early History of

English Poor Relief_, pp. 107-109.

[481] _Nottingham Records_, vol. iv. pp. 304-307.

[482] 31 Eliz. c. 7.

[483] 35 Eliz. c. 6.

In the second place there is a general movement from the enclosed to the

open field villages. The families displaced by enclosure cannot easily

enter into industry, even if they wish to do so, for the avenue to most

trades is blocked both by the Corporations and by the statutory system

of a seven years' apprenticeship, which maintains professional standards

at the expense of an unprivileged residuum. What they do is to follow

the orthodox advice given to those who have lost their customary means

of livelihood. They proceed to colonise, and to colonise in such numbers

that they cannot easily be kept out. They settle as squatters on the

waste lands of those manors which have not been enclosed, and which,

before the waste is turned into a sheep-run, offer no obstacle to

immigration. That the possibility of using the manorial waste to

accommodate those who had no settled abode had occurred to statesmen as

one expedient for meeting the problem of the infirm and destitute, is

shown by the sanction expressly given in the Poor Law of 1597[484] to

the expenditure of parish funds on the erection of cottages on the waste

as residences for the impotent poor. In fact, however, the mobility of

labour was becoming such that it was impossible, even if it had been

desirable, to reserve those unutilised territories for the maintenance

of the impotent. In spite of bitter protests from the existing

inhabitants, refugees from other villages swarm down upon them in such

numbers that the Act requiring four acres of land to be attached to each

cottage cannot be observed, and the issuing of licences for the erection

of cottages on the waste for able-bodied men, who have come with their

families from a distance, becomes a regular part of the business of

Quarter Sessions.[485] Such a redistribution of the population solves

one problem only to create others. Stern economists in the seventeenth

century lament that the ease with which permission to build cottages on

the waste is obtained encourages the existence of an improvident and

idle class, which will neither work for wages nor make good use of the

land. "In all or most towns where the fields lie open and are used in

common, there is a new brood of upstart intruders as inmates, and the

inhabitants of unlawful cottages erected contrary unto law.... Loyterers

who will not usually be got to work unless they may have such excessive

wages as they themselves desire."[486] The opponents of enclosure answer

with some justice that, in effect, the open field villages are saddled

with the destitution caused by enclosing landlords, who first ruin their

tenants and then, like a modern Dock Company which relies on the Poor

Rate to save its wage-bill, leave them to be supported by those places

to which they are compelled to migrate.[487] The latter difficulty is

indeed a very serious one, which not only is the occasion of numberless

petitions[488] from villages who wish to be assisted by, or to avoid

assisting, their neighbours, but on occasion converts even the country

gentry into opponents of enclosure. "We further conceive," write the

Justices of Nottingham to the Council, "that if depopulation may be

reformed it will bring a great good to the whole Kingdom; for where

homes are pulled down the people are forced to seek new habitations in

other towns and countries, whereof those towns where they get a settling

are pestered so as they are hardly able to live one by another, and it

is likewise the cause of erecting new cottages upon the waste and other

places who are not able to relieve themselves ... which causes rogues

and vagabonds to increase."[489] In the elaborate book of Poor Law

orders published in 1631 the Government recognises the genuineness of

this grievance, and, to its direction that richer parishes should

contribute funds to the aid of the poor, adds a special rider pointing

out that such extra contributions would come with special

appropriateness from those places where there had been depopulation.

[484] 39 Eliz. c. 3.

[485] For petitions on this subject see _Hist. MSS. Com._, Cd.

784, pp. 81-82 (Wiltshire). The Warwickshire Quarter Sessions

were much occupied with this, _e.g._ the following: "Trinity

Sessions 1625. Fforasmuch as this Court was this present day

informed ... by Sir Edward Marrowe, kt., and Thomas Ashley as

the lords of the manor of Woolvey in this county ... that the

said lords are content that William Wilcox of Woolvey in this

countie shall build and erect a cottage for hys habitation hys

wyfe and his small children uppon the waste within the said

lordshippe, it is therefore ordered that the same being with

consent of the lord as aforesaid that the same cottage shall be

and continue," and later "which cottage the Court doth licence"

(_Warwick Quarter Sessions MSS. Records_).

[486] "Considerations Concerning Common Fields and Enclosures,"

Pseudonismus, 1654.

[487] Moore, _The Crying Sin of England in not Caring for the

Poor_: "And now alas, saith the poor cottier, there is no work

for me, I must go where I may get my living. And hence it comes

to pass that the open fielden towns have above double the number

of cottiers they had wont to have, so that they cannot live one

by another, and so put the fielden towns to vast expense, in

caring for these poor that these enclosures have made."

[488] _e.g. Hist. MSS. Com._, Cd. 784, p. 95 (Wiltshire), pp.

292 and 298 (Worcester).

[489] See Appendix I., No. VI. Miss Leonard (_Trans. Royal Hist.

Soc._, vol. xix.) prints this document as referring to Norfolk,

which appears to be an error.

We may now summarise our view of the social effects of the changes

introduced by lords of manors, and by the capitalist farmers who manage

their estates. When the demesne land is enclosed and converted to

pasture, there is an appreciable diminution in the demand for labour,

and consequently an increase in unemployment. When the common rights of

tenants are curtailed, they lose not only an important subsidiary source

of income, but often, at the same time, the means of cultivating their

arable holdings. When their holdings are merged in the great estate of

the capitalist farmer, they are turned adrift to seek their living in a

world where most trades and most towns are barred against them, where

they are punished if they do not find work, and punished if they look

for work without permission, where "if the poor being thrust out of

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

Statute of Inmates; if they wander abroad, they are in danger of the

Statute of the Poor to be whipped."[490] Thus, quite apart both from the

eternal source of poverty which consists in the recalcitrance of nature

to human effort, and from those causes of individual destitution which

in all ages and in all economic conditions lie in wait for the

exceptionally unfortunate or the exceptionally improvident, for the

sick, the aged, and the orphan, there is an increase in the number of

those for whom access to the land, their customary means of livelihood,

is unobtainable, and consequently a multiplication of the residuum for

whom the haunting insecurity of the propertyless modern labourer is, not

the exception, but the normal lot. It is this extension of destitution

among able-bodied men, who have the will, but not the means, to find

employment, which is the peculiar feature of sixteenth century

pauperism, and which leads in 1576 to the most characteristic expedient

of the Elizabethan Poor Law--the provision of materials upon which the

unemployed can be set to work. The recognition that the relief of the

destitute must be enforced as a public obligation was not the

consequence of the survival of mediæval ideas into an age where they

were out of place, but an attempt on the part of the powerful Tudor

state to prevent the social disorder caused by economic changes, which,

in spite of its efforts, it had not been strong enough to control.

[490] _D'Ewes' Journal._ Speech of Cecil, 1597.

CHAPTER III

THE QUESTION OF TENANT RIGHT

(a) _The Tenants at Will and the Leaseholders_

We have said above that we cannot measure the extent of the depopulation

caused by enclosure, even for those years with regard to which figures

are supplied us by Royal Commissions. But, after all, it is happily less

important to arrive at an exact statistical estimate of the acres

enclosed and of the number of tenants displaced, than it is to get a

general view of the economic forces at work and of the structure of

legal relationships upon which they operated. Given the economic reasons

for the consolidation of holdings which were dominant in the sixteenth

century, they could hardly have failed to result in evictions on a

considerable scale, unless the tenants themselves had sufficient legal

security to hold their own. If they had such security, the statistical

analysis of displacements given above will fall into line with the

general situation and be a valuable comment upon it. If they had not,

then the figures, while a useful guide to the imagination, may stand

when they confirm, but hardly when they contradict, the picture given by

contemporaries. The accounts of the latter, though still not freed from

the charge of exaggeration, will be supported by what we know of the

general disposition of economic and legal forces. They probably heighten

the colour and sharpen the outlines, but their indication of tendencies

will be correct.

In discussing the position of the small cultivator in the sixteenth

century it was pointed out above that similarity of legal status was

compatible with the greatest economic variety, and in considering their

ability to resist attempted eviction it is essential to remember the

converse truth, that tenants who were economically in a similar position

were often from the point of view of tenure very different. Just as

writers of the time lump together all classes of well-to-do small

landholders under the name of yeomen, though the majority of them were

not legally yeomen at all, so they constantly speak of evictions,

ruinous fines, and rack-rents, without discriminating between the

different classes of tenants whose different legal positions make them

liable to suffer in very different degrees. One must remember, again,

that in the sixteenth century a man might be called a copyholder because

he held a copyhold tenement, but at the same time he might have, and

very often had, additional land which he had leased from the demesne or

from the waste, and in which his legal interest was quite different; he

might be a freeholder and at the same time be the farmer who leased the

lord's demesne, or he might be freeholder, copyholder, and leaseholder

in one, and even hold at the will of the lord other land which he had

been allowed to occupy "by grant of the court," for example part of the

manorial waste. Hence not only were the positions of tenants at will,

lessees, and copyholders considered as classes, different from each

other, but there was also a difference in the legal interest which

individuals had in different parts of the lands which they cultivated.

Even if the law gave protection to copyholders, a point to be discussed

later, they might suffer from the consolidation into large farms of

those parts of their lands which they did not hold by copy, and the more

they had gained in preceding years by adding to their holdings of

customary land by leasing part of the demesne and of the waste, the

heavier would be their loss when these additions were taken from them,

while those whose holdings consisted entirely of such encroachments

would be altogether ruined. Again, on those few manors where tenure at

the will of the lord had not crystallised into copyhold, the tenant's

position was even weaker than that of the lessee, for there was nothing

but a custom unenforced by legal documents to prevent his eviction.

There was thus opportunity for a considerable displacement of population

without any need of raising the difficult question of the degree of

security enjoyed by copyhold tenure. When a manor was occupied only by

tenants at will without copies, or when its demesne lands were leased

for short terms to a number of lessees, or when its waste had been

gradually taken in either by new settlers or by the customary tenants,

land could be resumed by the lord without any conflict save, in the

first case, with a custom which two centuries before had been powerful

but now was weak, and in the second case with a terminable interest. It

is not necessary to adduce instances to prove the liability of the

tenant at will or lessee to eviction, because the nature of their

interest makes it obvious that they could not claim to have complete

legal security. Examples of the first kind are, indeed, not very common,

owing to the fact that by our period tenure at will of the lord had in

most places hardened into copyhold, and their comparative rarity may

suggest that tenants at will who had not become copyholders had been

displaced on most manors by the beginning of the century. The case of

two Wiltshire manors may serve to illustrate their position. At

Knyghton[491] the whole manor was in 1554 leased to a farmer, and with

the manor the rents and service of six customary tenants holding at

will. At Domerham,[492] in 1568, almost the whole of the land was in the

hands of three large farmers, but "it has been granted to Richard

Compton, Thomas Pryce, John Pryce, and Robert Kynge, to sow of the above

said land every year 120 acres." In the second case the precariousness

of the tenants' position is obvious; they are mere squatters, who are

there, as it were, on sufferance. In the first case it has been

recognised and mitigated, as far as the farmer is concerned, by a clause

in his agreement binding him to leave the tenants in peaceable enjoyment

as long as they pay their rents. But they have no security as against

the lord, and are liable to immediate eviction if it proves more

profitable to add their holdings to the large farm. When tenants

commence an action against a lord for wrongful disseisin, it is

sufficient for him to answer that they are "but his tenantry at

wyll."[493]

[491] Roxburghe Club, _Surveys of Pembroke Manors_.

[492] _Ibid._

[493] Leadam, _English Hist. Rev._, vol. viii. pp. 684-696.

Much more numerous, however, than the tenants at will, were the small

leaseholders who held part of the waste or of the demesne lands. A

glance at the table given on page 25 will show that they form about 12

per cent. of the whole manorial population therein represented. But in

parts of the country their numbers are far greater. In 1568 they form 20

per cent. of the landholders on four manors in Somersetshire and one in

Devonshire.[494] In two villages in Northamptonshire[495] they form

nearly two-thirds. On the great manor of Rochdale there are in 1626 as

many as 315 leaseholders to 64 freeholders and 233 copyholders.

Leaseholders possessed, of course, legal security during the period of

their leases, and these were in some cases for as long as ninety-two

years. But they, too, had not an interest in the land of the kind which

would enable them to offer any permanent barrier to the policy of

consolidating holdings. This fact, indeed, was the motive for the care

which surveyors showed in discriminating between those parts of the

tenants' holdings which were customary land and those which were made up

of pieces taken from the demesne or from the waste, as well as for the

desire to convert copyhold tenure into leases for years, which was often

shown in the sixteenth century by the manorial officials. For an example

illustrating the eviction of numerous small tenants who had leased the

demesne we may recur to the case of Ablode[496] which has been mentioned

above. The lease of that manor to a farmer made by the monastery of St.

Peter's in 1516 expressly provided that he should be allowed to get rid

of the lessees, to whom the demesne lands had previously been let, as

soon as their leases should have expired. Two other examples show the

same class encountering exactly the same difficulty under somewhat

different circumstances. The first, which relates to the waste, not to

the demesne lands, comes from a survey of the lordship of Bromfield and

Gale which was made by the Parliamentary surveyors in 1649.[497] "The

inclosures before mentioned," they say, "and all the rest of them within

the lordship of Bromfield and Gale, fall to the lord of the soyle,

because enclosed without license. For although by their fee farm estate

they [_i.e._ the tenants] may challenge freedome of commoning, it is by

the covenant of the grant as formerly and antiently was accustomed, so

that they must take a new grant of all (except some old inclosures which

are included in their fee farms), which is the custom of the lordshippe.

_And if they should enclose all their common, yet the lord would have a

third part._" The second illustration is given by a petition which some

leasehold tenants of Whitby Strand[498] promoted in the Court of

Requests in the year 1553. When the monastery of Whitby was dissolved,

its property passed first to the Crown, which disposed of it to the Duke

of Northumberland, who in turn sold it to Sir John Yorke. The sufferings

of the tenants may be told in their own words: "Which saide Sir John, of

his extort power and might and by great and sore threatenings of the

said tennants ... hathe gotten from them all the leases ... and

unreasonably hathe raised rents ... and in consideration also that the

said Sir John York is a man of power and might, landes, goodes and

possessions; greatly frendid.... Your poor oratours ... are not able to

sue against him," and petition the Court for redress. The reality of

their grievance is shown sufficiently by the fact that whereas, when the

estate was in the hands of the monastery, the total rents of twenty-six

tenants amounted to £28, 19s. 8-1/2d., an average of about £1, 2s. 1d.

per tenant, by the date of these complaints the rents alone, apart from

fines, had been forced up to £64, 9s. 9d., averaging per tenant £2, 6s.

6d.

[494] _Ibid._, Paynton, Stooke Trister and Cucklington, Donyett,

Chedseye, South Brent and Huish. The leases at South Brent are

for ninety-two years.

[495] They are Duston in 1561 (R.O. Rentals and Surreys, Portf.

13, No. 23), and Paulspurie in 1541 (_ibid._, vol. ccccxix.,

fol. 3).

[496] See pp. 204 and 210.

[497] MS. Transcript by A.N. Palmer of Survey of Lordship of

Bromfield and Gale in Wrexham Free Library.

[498] Selden Society, _Select Cases in the Court of Requests_.

What is the conclusion to be drawn from these three examples? It is

surely the special precariousness in the conditions of the sixteenth

century of all those tenants whose livelihood lies mainly in land which

has been taken from the demesne or from the waste, which is, in fact, in

the words of Fitzherbert,[499] "a new thing that hath not gone by

custom," a thing which may "fortune to increase or decrease of rent." A

piece of demesne may have been let out on lease at a low rent in the

year following the great plague, or have been taken from the waste at an

even earlier date. It may have remained in the hands of one family for

a century without being resumed by the lord, and without any attempt

being made to increase the tenants' payments. It may have been cleared

and cleaned, hedged and ditched, by the sweat of generations. But, if

the manorial officials have done their duty, that land has been marked

as a "new thing," something for which no custom can be pleaded and which

no prescription can protect. When the lord wishes to alter the condition

of its tenure no vested interest can stand against him. He will throw it

into a large farm, or double the rent, and the tenants can say nothing;

for they are mere lessees, unprotected by the sanctity of manorial

custom, and to have his way he need only wait till their leases expire.

That this is no impossible supposition is shown by the records of the

manor of Hewlington.[500] In 1562 an inquiry was made into the rights of

the tenants there, who seem to have been lessees for the term of forty

years with a right of renewal to the heir. On investigation being made

by the officers of the Crown, to whom the manor belonged, it was found

that there was "a decay of the sum of one hundred and five pounds, six

shillings, yearly rent, which in ancient tymes had been answered for the

said landes"; which decay "as by the auncient records appeareth, did

growe by reason of the great mortalitie and plague which in former tymes

had been in the reign of Edward III. and also of the Rebellion of Owen

Glendower and trouble that therefrom ensued; ... by reason of which

mortalitie and rebellion the country was wasted, the Tenants and their

houses destroyed, insomuch that the then lords of the soyle were

constrayned by their stewards and officers to graunte the said landes at

a lesser rent than formerlie was paid for the same to such as could be

gotten to take it." Two hundred years after the great plague, its effect

in reducing the rents of a few tenants on the Welsh Border is

remembered: a commission calculates the sum due to the last penny, and

is then required and authorised "to revise the said decayed rent," a

fact which the jurors of the manor duly record in their presentment made

another sixty years later. No doubt the Crown has an unusually good

memory--_nullum tempus occurrit regi_. But what the Crown can do on

this grand scale the surveyors of smaller lords do on a smaller one. As

soon as the time has come when it is convenient to get rid of tenants,

nothing but the most unassailable title can stand against the proof that

such and such a plot of land was once part of the lord's demesne or of

the lord's waste. And this, one may suspect, was a great change, which

affected many families who thought themselves as safe as their

neighbours. For at least two centuries before enclosing became general

enough to cause alarm, the demesne and waste lands on one manor after

another had been nibbled away by small encroachments; for lords had been

glad to find an alternative to the cultivation of the former through

labour services, and the colonising of the latter, though sometimes a

source of complaint with commoners whose rights of pasture were

curtailed, was welcomed by the manorial authorities as a means of

improving lands which would otherwise be useless. Both together had been

in fact a sort of reservoir of land upon which any surplus population

could draw, and from which the more prosperous of the customary tenants

could lease additions to their holdings in the manner described above.

In our period the tendency is reversed. A lord is anxious to get rid of

the obstruction which the small farmer's lease offers to the

consolidation of holdings. He wishes to follow the advice of experts and

"reduce his demeans into one entier ferme."[501] Titles are questioned,

and the small lessee, whose interest is a terminable one and unprotected

by any manorial custom, is the first to suffer.

[499] Fitzherbert, _Book of Surveying_, p. 32.

[500] For reference, see p. 130, note 2.

[501] _Topographer and Genealogist_, vol. i., survey of Mudford

and Hinton.

(b) _The Copyholders_[502]

But were the tenants at will and the leaseholders the only classes to be

evicted? No allusion has yet been made to the most difficult problem

which confronts the student of the sixteenth century agrarian

changes--the degree of protection enjoyed by the copyholders. If this

problem is the most difficult it is also one of the most important. As

far as can be calculated, the copyholders far exceeded in number upon

most manors all other classes of tenants together. Copyhold tenure was

the rule, and tenure at will and leasehold were generally the exception,

though the latter was an important exception. If all copyholders had

complete security, and were readily protected in their holdings by the

courts, there would be little sense in talking of an agrarian

revolution; for the changes, though they might still have caused much

individual suffering, could hardly have constituted anything like the

serious national danger which they were thought to be by many

contemporaries. Again, the copyholders were in a special sense the

kernel of a manor, the representatives of an ancient social system,

around which the newer relationships of leasehold were, so to speak,

comparatively modern accretions. It was with them and their business

that the manorial courts were concerned; a copyhold tenement could not

exist apart from a manor because surrender and admission in the manorial

court was essential to its recognition as copyhold; and the very name of

"customary tenants," by which copyholders were often described, suggests

the special antiquity and fixity of their position. Even in the

sixteenth century there were still manors where there were no tenants at

all except copyholders, and the mere shedding of the outer layers of

small leaseholders, who had sprung up around them, would have left the

organisation of such manors quite intact. It would have cut back recent

developments; it would not have shaken rural society very seriously.

One's view of the importance of the agrarian changes of the sixteenth

century will depend, therefore, to a great extent, upon the opinion

which is formed of the legal position of the copyholders.

The Agrarian Problem in the Sixteenth Century · 第 5 / 9 章