VII., pp. 541-543.
[719] Pseudonismus, _A Vindication of the Considerations
concerning Common Fields and Enclosures_, 1656: "The Statute of
Tillage hath excited some and affrighted others that the land in
each field is not and cannot be husbanded as it ought." The
"Statute" alluded to is the Bill introduced in this year which
did not become law.
[720] Harrington's Works (1700 edition), pp. 388-389.
[721] _Kalm's Account of his Visit to England on his Way to
America in 1748_, translated by Joseph Lucas, p. 282. I am
indebted for this reference to Dr. Gilbert Slater. The exact
words are: "Nor had they any turnip land to feed sheep upon.
Therefore they were deprived of the advantage of getting to sell
any fat sheep or other cattle. The reason they gave for all this
was that their arable was common field, and thus came to lie
every other year fallow, when one commoner always had to
accommodate his crops to the others; but the principal reason of
all was said to be that," and so on as in text. I am not sure
that I have interpreted the passage rightly in assuming that it
alludes to the _illegality_ of enclosure without Act of
Parliament. It may merely mean that, without an Act of
Parliament, the necessary agreement could not be obtained among
all those interested. I follow Dr. Slater's interpretation.
What weight is to be attached to this body of opinion that enclosure and
conversion to pasture were in practice checked by the opposition of the
Government, it is not easy to say. If it is hardly compatible with the
view that interference was entirely ineffective, it nevertheless need
not imply anything more than a temporary retardation of the movement on
those special occasions and in those particular parts of the country
that were the object of peculiar attention. The test of comparison with
facts by which one would like to try it is difficult to apply. Our
knowledge of the real extent of enclosure in the sixteenth century is
too scanty to permit of our following with confidence the line of
argument which has been ingeniously worked out by Miss Leonard,[722] and
which, starting from the indisputable fact that in those Midland
counties where enclosure had been felt most acutely in the sixteenth
century, there was still much land unenclosed in the seventeenth and
eighteenth, suggests that the explanation is to be found in its
temporary cessation under the authoritative pressure of the Tudor and
Stuart Governments. Nevertheless, without going beyond our evidence, we
may venture to put forward two propositions. The first is that it is
extremely improbable that the anti-enclosing policy which we have traced
succeeded in altering permanently or on a large scale the course of
economic development. That suggestion is surely incredible in view of
the continuance of the complaints against enclosure, and of what we know
of the slack and biassed routine of rural administration. To expect the
justices to stop enclosing, unless actually compelled to do so, was
almost as Utopian as it was to expect them to administer the early
Factory Acts two centuries later. The second is that the intervention of
the Government certainly mitigated the hardships of the movement to the
rural classes. The protection which the Court of Star Chamber and the
Court of Requests offered to the equitable interests of tenants, while
it could not turn the general course of events, tempered its harshness
to individuals. A landlord who was determined to depopulate could hardly
in the long run be prevented from succeeding in his object. But he might
have to wait till leases or life tenancies had expired, instead of being
able to clear his estate at one sweep. He might be compelled, as the St.
Johns[723] were in the reign of Henry VIII., as Sir John Yorke in 1553,
or Lloyd under Elizabeth, to bind himself to respect the titles of the
existing generation of tenants. In the same way the occasional campaigns
undertaken for the reconversion of pasture to arable, while they could
not turn the tide, almost certainly slackened its course. There is no
way of escaping from the positive evidence which we possess that in
parts of the country houses which had been pulled down were rebuilt, and
that land which had been turned from arable to pasture was turned back
again, at the command of the Government, from pasture to arable. We have
already described the doings of the justices under James I. Look for a
moment at the similar agitation which was started in 1630. The agrarian
policy of the Council is seen at its worst under Charles I., because the
whole of it is smeared with the trail of finance. Some of the offenders
were allowed to compound upon payment of a fine, and one's first
inclination is to believe that the Commissions of 1632, 1635, and 1636
were nothing but one of those odious financial engines, like the revival
of forest claims and the exaction of fines for knighthood, by which
Charles tried to dispense with Parliamentary taxation. That they were
this among other things is certain. That they were nothing more than
this must be denied, for we have clear evidence from enclosers
themselves to the contrary. They do not only, like Lord Brudenell, write
to the Council begging that their fines may be reduced from £1000 to
£500, and explaining that "the enclosures made within man's memory
amount not to the decay of one farm."[724] They are not only haled
before the Star Chamber to be rebuked by Laud.[725] They beg to be
allowed to pay a fine instead of being imprisoned. They reconvert
pasture to arable. In Northamptonshire[726] a man turns thirty-five
acres of arable into pasture. But he ploughs up ninety-five acres of
ancient pasture to set off against it. From Nottinghamshire[727] comes a
letter explaining that the petitioner has complied with the orders of
the Commissioners of Depopulation to throw open all his enclosures, and
apologising humbly for keeping hedges round three acres on the ground
that they are necessary to mark the boundaries.
[722] _Trans. Royal Hist. Soc._, vol. xix.
[723] For the St. Johns, see pp. 362 and 380. For Sir John
Yorke, pp. 285 and 381, and Selden Society, _Court of Requests_,
Inhabitants of Whitby _v._ Yorke, 1553: "Be yt remembred that
the cause brought before the Queen's Counsaill in her Majestie's
Court of Requests.... Ys now ordered by the saide Councill by
thagreement of the saide Syr John who hathe promised that the
saide parties aforenamed, and every one of them, shall have and
quietly eujoye theyr tenements and holdings during the yeres and
termes in theyr leases and copies yet enduring, paying theyr
Rentes and ffermes accustomed." For Lloyd and the tenants of
Hewlington in Denbighshire, see pp. 302-303.
[724] _S. P. D._, Ch. I., cccxlii., No. 47.
[725] _Ibid._, cccxiv., No. 29, and Appendix I., No. VIII.
[726] _Ibid._, cccclxxv., No. 72.
[727] _Ibid._, cccciv., No. 142.
On the whole one is inclined to regard the Government's intervention in
this matter as resembling in its effects the attempts which were made at
the same time to fix prices and wages. It retarded, though it could not
check altogether, economic changes. It imposed a brake which somewhat
eased the shock of sudden movements. But when the hand of authority was
removed, when Commissions were called in and justices ceased to be
admonished by the Council, affairs swung back into their original
position. A rough attempt to illustrate the occasional retardation of
pasture-farming by these spasmodic attacks upon it is given in the
diagram opposite.
The figures are taken from a list of Final Concords as to land lying
mainly in Staffordshire, but occasionally in other counties as well. The
period selected is one in which there were two agitations among the
peasants, two important Acts against depopulation, and a Royal
Commission. It will be seen that while some of the fluctuations in the
percentages of arable and pasture bear no relation to any known activity
on the part of the Government, the repeal in 1593 of the Acts for the
maintenance of tillage comes as a climax to a well-defined increase in
the percentage of pasture, the passage of the two Acts of 1599 is
followed by a similar though less marked rise in the percentage of
arable, and the riots of 1607, which resulted in the appointment of a
Royal Commission, appear to be accompanied by another increase in the
area under the plough. Of course the acreage represented is absurdly
small, and it is possible that the apparent correlation is a mere
coincidence. Still, one is inclined to think that the fluctuations on
the chart fit in very well with what we know from other sources of the
temporary effect and subsequent ineffectiveness of these transient
eruptions of governmental activity. The creation of social habits by
continuous pressure, such as is exercised by modern states through their
paid inspectorates, is quite foreign to the ideas of the age. The
Government, when it is most active, never gets beyond making an example
of a few notorious offenders whose sins are sufficiently black to bring
in good round sums to the Exchequer, and having vindicated the majesty
of the law and pocketed their fines, it leaves the small fry to wonder,
and hastily set their house in order against the coming of the Judges of
Assize, and then gradually to slide back into the ancient ways when the
storm has blown over. After all, the fact that A was punished for
enclosing last year is in itself sufficient to make it extremely
probable that this year B will escape.
[Illustration: _The figures for 1592-3 and 1593-4 have been combined, as
the latter are too small to be given separately._]
Such "occasional conformity" was, however, too much the rule in all
economic matters that were the object of authoritative regulation--and
few were not--to be by itself any cause for abandoning it. The real
reason for the cessation of interference in the land question which we
notice after 1640 is to be found, not in the fact that intervention had
invariably proved too ineffective to be worth continuing, but in the
change of policy caused by the unchecked domination of Parliament in
domestic affairs. The victory of the Parliamentary forces over the Crown
meant the triumph of the landed gentry over the only power which was
strong enough to enforce the administration of unpopular Statutes in the
teeth of their opposition. It prepared the way for the reign of the
great landlord who regards himself as charged with a peculiar
responsibility for promoting the needs of agriculture, which he alone is
presumed to understand--and in fact, to do him justice, does sometimes
understand very thoroughly--a weary Titan who pushes forward enclosure
from a sheer sense of public duty. On the one hand there is a change in
the standpoint from which agrarian policy is regarded. The aim of
maintaining a prosperous peasantry becomes subordinate to that of
obtaining the maximum output from the soil. This change materially
affects the attitude adopted towards enclosure. The Tudor Governments
had endeavoured to protect the rights of commoners, because commons were
an indispensable adjunct to small-scale subsistence farming. The new
view is that commons are waste lands which had much better be improved,
and which are most likely to be improved if they pass into the control
of men who have capital to spend upon them. Even under the Stuarts this
doctrine begins to gather weight, and naturally so, for it both
flattered their ambitious conception of the monarchy as a cornucopia
whence all economic improvements should flow, and was in line with their
general policy of trying to secure cheap food by regulating the supplies
of grain. In 1623 Commissioners are busy improving Tiptree Heath, which
squatters have occupied without any legal title.[728] In 1637 the King
is approached by an influential syndicate which asks for a concession
permitting it to reclaim the heaths and barren commons belonging to
the Crown, and which displays a glowing prospectus of the advantages
which will accrue in the shape of increased supplies of
food-stuffs.[729] In 1629 the Commission of Sewers had engaged Vermuyden
on his celebrated task of draining the great Level, and, in spite of the
fierce opposition of the fenmen, the work was in 1637 adjudged to be
completed.[730] All this is quite in the vein of the eighteenth century.
It is quite in that vein also for a strong line to be taken against the
wastefulness of those who impede good farming, even though the farmer be
a grazier, by sowing a few acres here and a few acres there, instead of
cultivating a compact holding; in short, by the immemorial system of
strip cultivation. The last but one of the Statutes against
depopulation[731] was itself the first expressly to authorise that
exchanging of holdings for the purposes of more business-like husbandry,
which, as we have seen, had been going on informally from an early date.
In 1606 we get what may be called the first Enclosure Act of the modern
pattern, under which certain Herefordshire parishes are allowed to
separate and enclose one-third of the land lying in common in each
parish.[732] In 1627 a case arising out of a dispute about fold-courses
comes before the courts, and sound agricultural doctrine is laid down
with a confidence of which Arthur Young himself might have approved.
"This Court," say the judges, "was now of opinion that the plowing and
sowing of small quantities of land dispersedlye or disorderlye within ye
shacks and winter feedinge of ye said ffouldcourses, and the refusal of
a few wilfull persons to lett ye owners of ffouldcourses have their
quillets of land (Llying intermixt in the places where ye sheep pasture
is layd) upon indifferent exchange or other recompense for the same, are
things very mischievous and will tend to ye overthrow of very many fould
courses."[733] Their opinion is enforced with a judgment decreeing an
exchange of lands.
[728] _S. P. D._, Ch. I., cl., No. 7.
[729] _S. P. D._, ccclxi., No. 15: "There are many thousand
acres of heath and barren commons in England and Wales, not
annually worth 6d. an acre, to which your Majesty has right of
soil but no benefit thereby, which may be improved to a great
value, cause plenty of provision, enrich many thousands, supply
the poor."
[730] Cunningham, _Growth of English Industry and Commerce_,
Modern Times, Part I., pp. 112-119.
[731] 39 Eliz., c. 2.
[732] 4 James I., c. 11.
[733] _Original Papers of the Norfolk and Norwich Archæological
Society_, 1907, pp. 70-73.
When the whole question comes up again towards the close of the
Commonwealth, the old attitude is maintained by the opponents of
enclosure, who protest, with all the fervour of Latimer, against the
greed of landlords and the pauperising of commoners. But its defenders
have overhauled their arguments, and the lines on which the controversy
will be fought out for the next century and a half are already obvious.
In the eyes of the austere moralists of the Restoration commoners are
lewd people, who would be much better employed if at work for wages. All
beneath the "nobility and gentry" are "the poor," and the poor
themselves (it is well known) are of two kinds, "the industrious poor,"
who make a living by working for their betters, and "the idle poor," who
make a living by working for themselves. Christianity and patriotism
require that the latter should enter some "productive employment," and
this can best be secured by excluding them from the commons on which
their distressingly irregular livelihood depends. Even so Europeans
to-day teach habits of industry to the African savage, by taxing him
until he can no longer live upon the lands which Europeans desire to
exploit. Moreover, the commercial spirit of the later seventeenth
century is impatient of antiquated restrictions, and is already groping
blindly after some formula which may prove them to be superfluous.
Enclosures will increase the output of wool and grain. Each man knows
best what his land is best suited to produce, and the general interest
will be best served by leaving him a free hand to produce it. "It is an
undeniable maxim," writes a pamphleteer, "that every one by the light of
nature and reason will do that which makes for his greatest advantage.
Whensoever corn bear a considerable rate, viz., wheat four or five
shillings, and barley two shillings and sixpence, men may make more
profit by ploughing their pasture, and consequently will plough for
their own advantage."[734] Hales had said something like this a hundred
years before. He had said it to show the need of special measures to
divert agricultural enterprise into beneficial channels. Now an
identity between the interests of landowners and those of the public is
assumed as part of a pre-established harmony, which human intervention
may disturb, but which it is neither needed nor competent to secure.
Authoritative statecraft fades out in the dawn of reason and the light
of nature. With such a wind of doctrine in their sails men are steering
for uncharted waters.
[734] Lee, _A Vindication of a Regulated Enclosure_, 1656.
While opinion on the subject of enclosing was beginning to change even
before the Civil War, the final blow at the maintenance of the old
policy was struck by the destruction of the Court of Requests and Court
of Star Chamber. The abandonment by Governments of all attempts to
protect the peasantry against oppression was an indirect consequence of
the victory of the Common Law over the prerogative jurisdiction of the
Crown. The interference in agrarian matters of the administrative courts
of the Tudor monarchy had always been detested by the landed gentry for
the very reasons which made it popular with the peasantry. They were the
last resort of men who could not get what they considered justice
elsewhere. One finds a defendant in whose favour the Common Law Courts
have given three decisions being sued again before the Court of
Requests.[735] They were the only authority which could prevent a
landlord from asserting his claims to a common or to a copyhold by means
which the poorer classes found it impossible to resist. Complaints from
aggrieved landowners that they are undermining the right of the lord of
the manor to exercise jurisdiction over his own copyholders, by trying
cases which ought to be heard in manorial courts, that they are
interfering with the course of Common Law, that they make it impossible
for a lord to "rule his lands" by the countenance which they lend to
discontent, are not infrequent[736] in the sixteenth century, and both
Wolsey and Somerset were in turn attacked by the upper classes for the
favour which they showed to such unconstitutional interference with
the rights of property. Such protests are the best proof that the
Court of Requests and the Court of Star Chamber had exercised functions
which were in some respects beneficial. The strictest constitutionalist
will have some sympathy to spare for the address in which Lord Coventry
in 1635 charges the Judges of Assize to "beware of the corruptions of
sheriffs and their deputies, partiality of jurors, the bearing and
siding with men of power and countenance in their country," and to set
on foot "strict inquiry after depopulation and enclosures, an oppression
of a high nature and commonly done by the greatest persons that keep the
juries under their awe, which was the cause there are no more presented
and brought in question."[737] Such words paint the ideal of Government
by prerogative, _parcere subjectis et debellare superbos_, which may
have floated before the minds of a Bacon or a Strafford, and which had
been partially realised under the Government of Elizabeth. When set side
by side with the actual practice of the Council under Charles I. they
are its final and self-recorded condemnation. For we look for them to be
made good in action, and we look, save during a few years, in vain. If
much may be forgiven those who boldly do wrong believing it to be right,
there is no mercy for "the unlit lamp and the ungirt loin" of a body
which, believing a certain system of government to be right, entangles
its execution with sloth, and makes a sordid financial instrument out of
the very prerogative which itself has declared to be the gift of God for
the protection of the poor. The defence which the Council and its
courts had offered to the peasantry against economic evils, though real,
was too irregular to do more than slightly mitigate the verdict which
history has passed upon their employment in the hands of Charles I.
Whether the peasants regretted their disappearance we do not know. To
those contemporaries whose opinion counted, the occasional onslaughts
made by the Council and Star Chamber upon enclosing landlords were an
aggravation, not an extenuation, of the indictment brought against them.
Though the Grand Remonstrance, in which the Long Parliament sought to
unite all classes with a recital of grievance accumulated upon
grievance, taunted the Government with its failure to check the
conversion of arable land to pasture,[738] the authors of that
tremendous indictment had no substitute to suggest for the interference
by the Council with "freeholds, estates, suits, and actions," which they
denounced; and Laud, who, according to even a friendly critic, "did a
little too much countenance the Commission for Depopulation,"[739] lived
to be reminded in the day of his ruin of the sharp words with which he
had barbed the fine imposed by that body upon an enclosing
landlord.[740] The Court of Requests was never formally abolished, but
from the closing decade of the sixteenth century it had been gradually
stripped of its powers by prohibitions issued by the Common Law Judges,
and forbidding plaintiffs to proceed with their cases before it, and
after 1642 it quietly disappeared. With the destruction in 1641 of the
Court of Star Chamber and the Councils of Wales and of the North, an end
was put to the last administrative organs which could bridle the great
landed proprietors. Clarendon, himself a relic of an age before the
deluge, would seem to have added to his other offences by trying to
revive the old policy in a world which would have none of it.[741] But
the royalist squirearchy who in 1660 streamed back to their plundered
manors, were, when their property was at stake, as sound
constitutionalists as Hampden himself, and after 1688 that absorption of
the "State" by "Society" which Gneist, a worshipper of the eighteenth
century régime, dates with curious perversity from 1832, was, in his
sense of the words, complete. Henceforward there was to be no obstacle
to enclosure, to evictions, to rack-renting, other than the shadowy
protection of the Common Law; and for men who were very poor or easily
intimidated, or in enjoyment of rights for which no clear legal title
could be shown, the Common Law, with its expense, its packed juries, its
strict rules of procedure, had little help. Thus the good side of the
Absolute Monarchy was swept away with the bad. Its epitaph was written
by Locke:[742]--"The supreme power cannot take from any man any part of
his property without his own consent." But it was forgotten as soon as
it was written. For to the upper classes in the eighteenth century the
possession of landed property by a poor man seemed in itself a
surprising impertinence which it was the duty of Parliament to correct,
and Parliament responded to the call of its relatives outside the House
with the pious zeal of family affection.
[735] Holkham MSS., Sparham Bdle., No. 5, see back, p. 374.
[736] Selden Society, _Select Cases in the Court of Requests_,
Customarye Tenants of Bradford _v._ Fraunceys: "The seyd
defendant seythe that the said bill of complaint ... is mater
... determinable at the comen land and not in this honourable
court, whereunto he prayeth to be remitted." Also Gairdner, _L.
& P. Henry VIII._, i., 334, Earl of Derby to Cromwell; and
Leadam, _E. H. R._, vol. viii. pp. 684-696. For attacks on
Wolsey's land policy see Herbert, _History of King Henry VIII._,
pp. 297-298 (ed. of 1672): "Also the said Cardinal hath examined
divers and many matters in the Chancery, after judgment thereof
given at the Common Law, in subversion of your laws, and made
some persons restore again to the other party condemned that
they had in execution by virtue of the judgment in the Common
Law."
[737] Gardiner, _History of England_, 1603-1642, vol. viii., p.
78. Compare the Instructions for the President and Council of
the North, 1603 (Prothero, _Statutes and Constitutional
Documents_, 1558-1625, pp. 363-378), Article XXVIII.: "Further
our pleasure is that the said Lord P. and Council shall from
time to time make diligent and effectual inquisition of the
wrongful taking in of commons and other grounds and the decay of
tillage and of towns or houses of husbandry contrary to the
laws,... and leaving all respect and affection apart they shall
take such order for redress of enormities used in the same as
the poor people be not oppressed and forced to go begging ...
and ... if they find any notorious malefactor in this behalf of
any great wealth, cause the extremity of the law to be executed
against him publicly."
[738] Gardiner, _Constitutional Documents of the Puritan
Revolution_, 1625-1660, pp. 212-213, "Conversion of arable into
pasture, continuance of pasture, under the name of depopulation,
have driven many millions out of the subject's purses, without
any considerable profit to his Majesty."
[739] Clarendon's _History of the Rebellion_, I. 204, IV. 63.
Clarendon's account of the Grand Remonstrance suggests that the
principal grievance was not depopulation, but the fines exacted
for it; see the words "with the vexations upon pretence of
nuisances in building ... and of depopulation, that men might
pay fines to continue the same misdemeanour."
[740] Appendix I., No. VIII.
[741] I make this statement on the authority of Dr. Slater,
_Sociological Review_, vol. iv., No. 4, p. 349, but I have been
unable to trace his evidence. The only reference I can find
bearing on the subject is contained in Article XIII. of the
heads of the accusation against Lord Clarendon: "That he hath in
an arbitrary way examined and drawn into question divers of his
Majesty's subjects concerning their lands, tenements, goods,
chattells, and properties, determined thereof at the Council
Table, and stopped proceedings at law by the order of the
Council Table, and threatened some that pleaded the Statute of
17 Car. I." (The proceedings in the House of Commons touching
the impeachment of Edward, late Earl of Clarendon, 1700.)
[742] Locke, _Two Treatises of Government_, Book II., chap. xi.
CHAPTER II
GENERAL CONCLUSIONS
Those who have had the patience to follow the detailed changes in rural
organisation which have been described above will naturally ask, "What
is the upshot of it all? What are the main landmarks which stand out
from the bewildering variety of scenery? How does the agrarian England
which is sleepily hunting out old guns and older bows on the eve of the
Civil War differ from the England which saw the first Tudor 'with
general applause and joy, in a kind of military election or recognition,
saluted King?'"
At first sight it differs but little. To see our subject in its proper
perspective we must emphasise the continuity of economic life between
1485 and 1642 as much as in the preceding pages we have emphasised the
novelty of some of its experiments. We must turn from Fitzherbert and
Hales to Arthur Young. We must set Latimer's lamentations over the decay
of the yeomanry side by side with the figures of Gregory King and the
boasts of Chamberlayne and Defoe. We must compare our sporadic
enclosures with the two thousand six hundred Enclosure Acts which were
passed between 1702 and 1810. The outward appearance of many English
villages at the Revolution would be quite unrecognisable to-day, but it
can have been but little altered from what it had been at the time of
the Peasants' Revolt. It could still be said that three-fifths of the
cultivated land of England was unenclosed. And if Piers Plowman had
dreamed for four centuries on Malvern Hills he might still have woken to
plough his half acre between the balks of a still open field, like that
"very wide field," with crooked ways butting upon it and a wicket-gate
on its shining horizon, through which Christian sped from Evangelist,
crying "Life, Life, Eternal Life."
Ought we, then, to say that the agrarian revolution of the sixteenth
century was insignificant, and that it has been magnified into
importance only by the rhetorical complaints of unskilful observers? The
answer has been given by implication in the preceding pages. The fact
that statistical evidence reveals no startling disturbance in area
enclosed or population displaced, is no bar to the belief that, both in
immediate consequences and in ultimate effects, the heavy blows dealt in
that age at the traditional organisation of agriculture were an episode
of the first importance in economic and social development. The
barometer which registers climatic variations yields no clue to their
influence on the human constitution, and the quantitative rule by which
we measure economic changes bends in our hands when we use it to
appraise their results. The difference between prosperity and distress,
or enterprise and routine, or security and its opposite, is scarcely
more susceptible of expression in figures than is the difference between
civilisation and barbarism itself. In the infinite complexity of human
relationships, with their interplay of law with economics, and of
economics with politics, and of all with the shifting hopes and fears,
baseless anticipations and futile regrets, of countless individuals, a
change which to the statistician concerned with quantities seems
insignificant, may turn a wheel whose motion sets a world of unseen
forces grinding painfully round into a new equilibrium. Not only our
estimate of the importance of social alterations, but their actual
importance itself, depends upon what we are accustomed to and what we
expect. Just as modern manufacturing nations groan over a reduction in
exports, which in the reign of Henry VIII. would have passed unnoticed,
or are convulsed by a rise in general prices, which, when expressed in
percentages, seems ridiculously small, so the stationary rural society
of Tudor England may well have been shaken to its core by agrarian
changes which, in a world where rural emigration is the rule, would
appear almost too minute to be recorded. If contemporaries, to whom the
very foundation of a healthy economic life seemed to be shattered,
underestimated the capacity of society for readjustment, they were not
mistaken in their supposition that the readjustment required would be so
vast and painful as to involve the depression of important orders of
men, and the recognition of new responsibilities by the State in the
agony of transition. If we are busy planting small holders to-day, it is
partly because sixteenth century Governments were so often busy with
them in vain. The crude barbarities of tramp ward and workhouse were
first struck out in an age when most of those who tramped and toiled,
who sat in stocks and were whipped from town to town, were not the
victims of trade depression or casual employment, but peasants thrown on
the labour market by the agrarian revolution.
For, in truth, the change which was coming upon the world in the guise
of mere technical improvements was vaster than in their highest hopes or
their deepest despondency the men of the Tudor age could have foreseen,
and its immediate effects on the technique of agriculture and the
standard of rural prosperity were but the tiny beginnings of movements
whose origins are overshadowed by their tremendous consequences. It is a
shallow view which has no interest to spare for the rivulet because it
is not yet a river. Though many tributaries from many sources must
converge before economic society assumes a shape that is recognisable as
modern, it is none the less true that in the sixteenth century we are
among the hills from which great waters descend. By 1642 the channels
which will carry some of them have been carved deep and sure. By that
time the expansion of the woollen industry has made it certain that
England will be a considerable manufacturing nation, and consequently
that the ancient stable routine of subsistence farming will gradually
give place to agricultural methods which swing this way and that, now
towards pasture, now towards arable, according to the fluctuations of
the market. It is certain that, sooner or later, the new and more
profitable economy of enclosure will triumph. It is certain that the
small holder will have a hard struggle to hold his own against the
capitalist farmer. It is certain that, owing to the substitution of
variable for fixed fines on admission to copyholds, and the conversion
of many copyholds into leases for years, a great part of the fruits of
economic progress will no longer be retained, as in the fifteenth
century, by the mass of the peasants, but will pass, in the shape of
increased payments for land, into the pockets of the great landed
proprietors. It is almost certain that to any new developments which may
be detrimental to them the peasants will be able to offer a much less
effective resistance than they have in the past. For the security of
many of their class has been undermined; the gulf which separates them
from the landed gentry, though still bridged by the existence of many
prosperous freeholders, has been widened; and, above all, the
destruction of the absolute monarchy has entrenched the great landlords
inexpugnably at the heart of government, both central and local, and has
made their power as great as their ambitions. Both from below and from
above they are unassailable. For a century and a half after the
Revolution they have what power a Government can have to make and ruin
England as they please.
If we cast our eye over the agrarian changes of our period, with a view
to grouping their main elements under a few easily distinguishable
categories, we do not find that they present themselves as a simple
series of economic sequences. Behind them all there is, it is true, the
fundamental economic fact of the decay of subsistence husbandry. The
movement away from the strict communal organisation of the open field
village was inevitable as soon as markets were sufficiently developed to
make agricultural experiments profitable, because experiments could not
easily be undertaken without to some extent individualising the methods
of cultivation. In particular, the grand innovation of substituting
pasture-farming for tillage, whether carried out on a large scale or on
a small, was only practicable if individuals were able to break away
from the established course of agriculture. But the relaxation of
village customs, which allowed a wider scope to individual initiative,
did not necessarily involve that formation of large estates out of
peasant holdings, which was the special note of the sixteenth century
problem, and in fact the gradual nibbling away of customary restrictions
went on to some degree among quite small men, long before the enclosure
of land by great capitalists became a serious grievance. In the
fourteenth century, and even earlier, holdings are becoming partible and
unequal, and strips are being interchanged for the purpose of more
convenient, because compacter, management. In the sixteenth century
there is a good deal of enclosure by the peasants themselves with a view
to better arable cultivation or to the more successful keeping of stock.
Nor must we forget the example of Kent, Essex, Devonshire,
Somersetshire, and Cornwall. Without raising the question whether the
predominance of small enclosures in the Western Counties is not partly
to be ascribed to peculiarities in their original settlement, we may say
without fear of contradiction that the early enclosures of Kent and
Essex are the outcome of the spread of commercial forces in those
seaboard counties at an earlier date than was possible in the inland
districts. Even in the more conservative parts of the country, like the
Midlands and Wiltshire, whose geographical position made them the last
to respond to the influence of trade its gradual extension was slowly,
and in isolated villages, bringing the same departure from the rigid
arrangements of mediæval agriculture which in the East of England had
developed much more swiftly. How far such enclosure by consent would
have proceeded if no other forces had come into play we cannot say. It
is not safe, however, to assume that, because in the eighteenth century
many villages seemed to observers like Arthur Young to be living in a
condition of organised torpor, therefore its effects in facilitating a
more economical utilisation of the land are to be dismissed as
negligible. Quite apart from the obvious bias given to Young's
observations by his questionable doctrine that a high pecuniary return
from the soil is the final criterion of successful agriculture, it may
well be the case that the decline in the condition of the peasantry,
which took place in the sixteenth century, discouraged initiative on the
part of small men, and that, since one agent in that decline had been a
movement which went by the name of enclosure, its effect was to make
them cling all the more closely to the established routine in those
parts of the country where they had not been violently shaken out of
it.
On such conjectures, however, we need not enter. Even if the movement
towards the rearrangement of holdings which has been traced among the
peasants themselves was insignificant, and if the larger capitalists
were the sole agents through whom a more alert and progressive agrarian
régime could be introduced, it is none the less the case that the
improvements in the technique of agriculture do not by themselves
account for the special social consequences which flowed from the
agrarian changes of the sixteenth century. The situation then is not at
all similar to that which arose at a later date, when small landholders
voluntarily threw up their holdings in order to engage in the more
profitable urban industries, and when yeomen like the Peels of their own
choice decided that the career of a cotton-spinner was more attractive
than that of a farmer. In the period which we have been discussing men
do not only leave the land; they are forced off it. Not only economic,
but legal, issues are involved, and the latter give a decisive twist to
the former. What made the new methods of agriculture not simply an
important technical advance in the utilisation of the soil, but the
beginning of a social revolution, was the insecurity of the tenure of
large numbers of the peasantry, in the absence of which they might
gradually have adapted themselves to the altered conditions, without any
overwhelming shock to rural life such as was produced by the evictions
and by the loss of rights of common. The way in which the economic
movement towards enclosure and pasture-farming is crossed, and its
consequences heightened, by the law of land tenure, is proved by the
comparative immunity of the freeholders from the worst forms of agrarian
oppression, by the fact that, even in the middle of the eighteenth
century, the purely economic conditions of much of England were by no
means unfavourable to small scale farming, and by the anxiety of
landlords to induce tenants who had estates of inheritance to surrender
them for leases. We cannot therefore agree with those writers who regard
the decline in the position of the smaller landed classes, which took
place in our period, as an inevitable step in economic progress, similar
to the decay of one type of industry before the competition of another.
If economic causes made a new system of farming profitable, it is none
the less true that legal causes decided by whom the profits should be
enjoyed. We have already pointed out that many customary tenants
practised sheep-farming upon a considerable scale, and it is not easy to
discover any economic reason why the cheap wool required for the
development of the cloth-manufacturing industry should not have been
supplied by the very peasants in whose cottages it was carded and spun
and woven. The decisive factor, which ruled out this method of meeting
the new situation created by the spread of pasture-farming, was the fact
that the tenure of the vast majority of small cultivation left them free
to be squeezed out by exorbitant fines, and to be evicted when the lives
for which most of them held their copies came to an end. It was their
misfortune that the protection given by the courts since the fifteenth
century to copyholders did not extend to more than the enforcement of
existing manorial customs. When, in our own day, the same causes which
raised the cry of depopulation in sixteenth century England have
operated in other countries, their influence has been circumscribed by
governmental power, which has stepped ready armed into the field, and
has turned customary titles into freeholds and cut back private
jurisdictions with a heavy hand. To find a parallel to the sufferings of
the English copyholders in the sixteenth century, we must turn to the
sweeping invasion of tenant right which at one time made almost every
Irishman into a Ket. But the comparison, incomplete in other respects,
is most incomplete in this, that even if Tudor Governments, moved by
considerations of national strength and order, would have helped the
peasants if they could, they could hardly have helped them materially if
they would, without a social and administrative revolution which was
unthinkable, and which, if carried out, could only have meant political
absolutism. Living, as they did, with the marks of villein tenure still
upon them, the small cultivators of our period were fettered by the
remnants of the legal rightlessness of the Middle Ages, without enjoying
the practical security given by mediæval custom, and felt the bitter
breath of modern commercialism, undefended by the protection of the
all-inclusive modern State which alone can make it tolerable.
For, indeed, it is as a link in the development of modern economic
relationships and modern conceptions of economic expediency, that the
changes which we have been considering possess their greatest interest.
The department of economic life in which, both for good and evil, the
modern spirit comes in the sixteenth century most irresistibly to its
own, is not agriculture but foreign commerce, company promoting, and the
money market, where the relations of man to man are already conceived of
as the necessary parts of a vast and complicated mechanism, whose iron
levers thrust the individual into actions for the consequences of which
he is not responsible, and under whose pressure unknown is driven by
unknown to do that which he did not intend. But if the intoxication with
dreams of boundless material possibilities, the divorce of economic from
moral considerations, the restless experiment and initiative and
contempt for restrictions that fetter them, which are the marks of that
spirit's operations, are never quite so victorious in agriculture as
they are in finance, it is nevertheless in transforming agrarian
conditions that its nature and characteristics are most impressively
revealed, not because it is felt there first or proceeds there furthest,
but because the material which it encounters is so dense, so firmly
organised, so intractable, that changes, which in a more mobile
environment pass unnoticed, are seen there in high relief against the
stable society which they undermine. In truth the agrarian revolution is
but a current in the wake of mightier movements. The new world, which is
painfully rising in so many English villages, is a tiny mirror of the
new world which, on a mightier stage, is ushering modern history in amid
storms and convulsions. The spirit which revolts against authority,
frames a science that will subdue nature to its service, and thrusts the
walls of the universe asunder into space, is the same--we must not
hesitate to say it--as that which on the lips of grasping landlords and
stubborn peasants wrangles over the respective merits of "several" and
"common," weighs the profits of pasture in an economic scale against the
profits of arable, batters down immemorial customs, and, regarding
neither the honour of God nor the welfare of this realm of England,
brings the livings of many into the hands of one. To the modern
economist, who uses an ancient field map to trace the bewildering
confusion of an open field village beneath the orderly lines of the
dignified estate which lies upon it like a well written manuscript on
the crabbed scrawl of a palimpsest, the wastefulness of the old régime,
compared with the productiveness of the new, may well seem too obvious
to leave room for any discussion of their relative advantages; and
indeed the accession of material wealth which followed the first feeble
approach towards the methods of modern agriculture is unquestionable.
But the difference between such a standpoint and that of our peasants is
not one of methods only but of objects, not of means but of ends. We can
imagine that to an exposition of the advantages of large scale farming
and enclosure, such as many stewards must have made to the juries of
many manors, they would have answered something after this
fashion:--"True, our system is wasteful, and fruitful of many small
disputes. True, a large estate can be managed more economically than a
small one. True, pasture-farming yields higher profits than tillage.
Nevertheless, master steward, our wasteful husbandry feeds many
households where your economical methods would feed few. In our
ill-arranged fields and scrubby commons most families hold a share,
though it be but a few roods. In our unenclosed village there are few
rich, but there are few destitute, save when God sends a bad harvest,
and we all starve together. We do not like your improvements which ruin
half the honest men affected by them. We do not choose that the ancient
customs of our village should be changed!" Such differences lie too deep
to be settled by argument, whether they appear in the sixteenth century
or in our own day.
APPENDIX I
(I)
[LETTER FROM A BAILIFF, ILLUSTRATING THE RELATIONS BETWEEN FARMER AND
LORD, AND DIFFICULTIES WITH FREEHOLDERS]
_Merton MSS., No. 4381_
Good Sir lett me intreat you yf the colledge determyne to make survay
this springe of the lands at Kibworth and Barkby to send Mr. Kay or me
word a month or 3 weeks before your coming that we may have Beare and
other necessaries. And I desire you to gather up all evidences that may
be needful for ye Lordshipp, for all testimony will be little enough,
the colledge land is soo mingled with Mr. Pochin's frehold and others in
our towne. There is an awarde for the keepinge in of the old wol close
in our ffields for [from?] Mr. Pochin's occupation, very needefulle for
the ynhabitants yf that awarde can be founde at the colledge where yt
was loste.
The composition betwixt Mr. Stanford and the towne wold we very gladly
see, yt is for tythe willows and partinge grasse, wee thinke that they
challenge more than of right they should have. I pray you gather upp
what evidence you can for the rents due to the college out of [?], for
when some of them are denied I know not where to distraine for them.
I pray you also give order that the evidences may be sought up for the
lands lyinge in Barkby Thorpend alias Thurmaston in our parish and
parcell of our lordship of the rent per ann. 3/4d. as alsoe the
evidences of Peppers frehold rent per annum 1d. This rent is denied and
not paidd this 20 yeares, and I cannot learne where I should distraine
for the same, neither will he pay it unlesse he may knowe for what he
payeth the same; he is towards the land [?], and his frehold lyeth in
Thurmaston ut supra. And soe with remembrance of my duty desiringe you
to pardon my breach of promise for the lease at last Michaelmas, and I
hope before this yeare be ended to be as good as my worde, yf it will
please you and the company to spare me with your favours untill then,
ffor God is my judge I did not breake my promise wilfully nor willingly,
but necessity hath noe law. I have lost this sum̃er 6 horses and was
forced to buy in these for my carte. Day [?] groweth scant, therefore I
must spare to write, only hoping and desiringe your favour at this tyme
I humbly take my leave and rest as I have ever beene your wo{ps} at
commandment. Henry Sayer.
Barkby, February 26{th}, 1608.
To the w{ll} his very singular
ffriend Mr. Brent subwarden
at Merton College in Oxon.
(II)
[IN ILLUSTRATION OF MANORIAL CUSTOMS, _cf._ pp. 124-131 and 297-301.]
_Manor of Aldeburgh, R.O., Misc. Bks., Treas. of Receipt, Vol. 163,
Henry VIII._
The said Manor has one lete by the year ... and hath also the Court from
3 weeks to 3 weeks called the 3 weeks Court.
Item.--Every tenant payeth for a cottage ground not
buylded if it conteyn 80 ft. every way 1d.
Item.--Every tenant payeth for half a cottage which
is 40 ft. every way 1/2d.
Item.--For every curtilage containing 40 ft. or under 1/2d.
Item.--For every fyne of every cotage buylded 2/-
Item.--For every fyne of every cotage ground unbuilded 1/-
Item.--Every tenant that taketh any cotage ground to
build upon if he build not within three years he
forfeiteth the ground by him taken.
Item.--Every tenant having a cotage or parcel of a cotage
wherein any tenant dwelleth and keepeth a fire,
they owe to pay for the same a Russhe hen or
else 2d. which is for the rushes that they
gather upon the lord's common there.
Item.--If 2 tenants dwell in one house having 2 severall
rooms in the same they to pay yearlie 2 rush
hennes or 4d. for them.
Item.--Every freeholder having by copy any arable land
or pasture ground in the field payeth yearly
for the same at terms accustomed the rent of
old time due at [Michaelmas & Easter] by even
porcions; and for all fines cessed upon the
tenaunts for land in the fields is at the will of
the lord, as well at the alienations made as at
the death of any tenant.
Item.--The tenants and copyholders shall do no waste
upon the lord's common ne otherwise upon pain
of forfeiture of their tenements.
Item.--All the freeholders shall [pay] double their rent
at every death or alienation made, as relief.
Item.--Certain freeholders and copyholders pay heriot
after the death of any tenant.
Item.--Neither the freeholders nor copyholders shall not
surcharge the lord's comon but to keep after
the rate of his tenure. If he otherwise do he
shall be amerced.
Item.--No man shall encroche on lord's lands on pain of
forfeiture of his tenure.
Item.--Every boat going to the sea on fishing and having
4 men therein payeth yearly to the lord 8d.,
and 6 men 12d., and so after the rate, for
each man 2d., which is by a late composition.
Item.--There is a service paid by certain tenants there
called Oryell, which is for the liberty of the
common that tenants have in the said lordship.
Item.--The lords of Aldeburgh have the moietie of all
wreck of the sea being cast on land or found
near the shore within the limits of the same
lordship, and the finder thereof hath the other
half.
(III)
[IN ILLUSTRATION OF THE PEASANTS' GRIEVANCES]
_Holkham MSS., Fulmordeston MSS., Bdle. 6_
To the Right Honble. Sir Edward Cooke, Knight, Attorney-Generall unto
the King's Ma{tie}.
Humblie sheweth unto your good lord yo{r} poore and dayley orators
Thomas Ffawcett, Thomas Humphry, and Nicolas Farnes [?] yo{r} worshippes
tenants of the Manor of Ffulmordeston cum Croxton in the Duchie of
Lancaster and the moste parte of the tenants of the same Manor that
whereas yo{r} said orators in the Hillary Term laste commenced suite in
the Duchie Courte against Thomas Odbert and Roger Salisbury, Gent., who
have enclosed their grounds contrary to the custom of the Manor, whereby
your wor. loseth your shack due out of those grounds, common lane or way
for passengers is stopped up, and your worshippes poore orators lose
their accustomed shack in those grounds, and the said Roger Salisbury
taketh also the whole benefit of theire comons from them, keepinge there
his sheepe in grasinge and debarringe them of their libertie there which
for comon right belongeth unto them:--
Which suite and controversie, forasmuch as the same manor is nowe come
unto your lordshippe's hands by his most excellent Ma{ties} gracious
disposinge thereof, youre poore oratours thought it theire duty to
impart and lay open unto your wor{pp}, and doe most humblie pray and
beseech your wor{pp} that they may have your lawfull favour herein for
the furtherance of their proceedings in this theire suite of lawe, so
that the greatness of the said parties adversant unto them, on which
they much relie, may not be the more strengthened by your worship's
favour, whereby your poore orators may have and enjoy theire former
liberties in peace, and be the better able to maintaine themselves in
their callings rights and dueties which unto your wor. is belonging and
due uppon their Tenures in the saide Mannor.
And according to theire bounden duety your sayde poor orators shall
dayly pray to God for your wor. in all encrease of prosperitie and
worshippe long to continew.
21 Aug. 1604. I have considered of this peticion,
and seeinge I am lord of the mannor
I will do my best endeavour upon
hearing of both parties to end the
controversie and the defend{ts} need
not appeare nor the cause to proceed
in the duchy.
EDW. COKE.
(IV)
[IN ILLUSTRATION OF THE PEASANTS' GRIEVANCES]
_S. P. Dom. Charles I. Vol. 151, No. 38._
To the Kings most Excellent Ma{tie}.
The humble peticoɳ of yo{r} Ma{te} poore and distressed Tennants of
yo{r} Mannor of North Wheatley in the Countie of Nottingham belonging to
yo{r} Ma{ties} Duchie of Lancaster.
Most humbly shewing. That yo{r} poore Subiects have tyme out of mynd byn
Coppieholders of lands of inheritaunce to them and their heires for ever
of the Mannor aforesaid, and paid for every Oxgang of land xvj{s}
viijᵭ rent, and paid heretofore vpon every Alienacoɳ xijᵭ for
every Oxgang, but nowe of late, about 4{0} Jacobi by an order of the
Duchie Court they paie ij{s} s vj{d} d vpon euery Alienacoɳ for every
acre, w{ch} ch amounteth nowe to 45{s} an Oxgang.
And whereas some of yo{r} Tennants of the said Mannor have heretofore
held and doe nowe hold certayne Oxganges of lands belonging to the said
Manor by Coppie from xxj yeres to xxj yeares, and have paid for the same
vpon eⱱy Coppy ij{s}, and for every Oxgang xvj{s} viij{d} ᵱ
Anɳ; they nowe of late by an order in the Duchie Court hold the same
by lease vnder the Duchie Seale, and paie vj{li} xiij{s} iiij{d} for a
Fyne vpon every lease and xvj{s} viij{d} rent w{th} an increase of vj{s}
viij{d} more towards yo{r} Ma{ties} prouision.
And whereas in 11{0} Edw: 4{0} yo{r} peticon͠ers did by Copy of Court
Roll hold the demeanes of the said Mannor for tearme of yeres att ix{li}
vj{s} viij{d} ᵱ anɳ, they afterwards in 6{0} Eliz: held the same
demeanes by lease vnder the seale of the duchie for xxj yeares, att the
like rent; and Tenne yeres before their lease was expired, they ymployed
one M{r} Markham in trust to gett their lease renewed, whoe procured a
newe lease of the demeanes in his owne name for xxj yeres att the old
rent, and afterwards contrary to the trust Comitted to him increased and
raised the rent thereof vpon the Tenants to his owne privat benefitt to
56{li} ᵱ annư.
And whereas the woods belonging to the said Mannor hath within the
memory of Man byn the only Com̃on belonging to the said Towne, paying
yerelie for the herbage and pannage thereof vj{s} viijᵭ, they nowe
alsoe hold the same vnder the Duchie Seale att xvj{li} li xvj{s} ijᵭ
ᵱ annư.
And whereas the Court Rolls and Records of the said Mannor, have alwaies
heretofore byn kept vnder severall Locks and Keys, whereof yo{r} Ma{ts}
Stewards have kepte one key and yo{r} Ma{ties} Tennant (in regard it
Concerned their ᵱticuler inheritances) have kept an other keye. But
nowe they are att the pleasure of the Stewards and Officers transported
from place to place, and the nowe purchasers doe demaund the Custody of
them, w{ch} may be most preiudiciall to yo{r} Ma{te} te poore Tennants.
Now for asmuch as yo{r} Matie: hath byn pleased to sell the said Mannor
vnto the Cittie of London, whoe have sold the same vnto M{r} John
Cartwright and M{r} Tho: Brudnell gent: And for that yo{r} petico͠ners
and Tennants there (beinge in nomber Two hundred poore men, and there
being xj of yo{r} Ma{te} Tennants there that beare Armes for the defence
of yo{r} Ma{te} Realme, and xij that paie yo{r} Ma{tie} Subsidies
fifteens and Loanes) are all nowe like to be vtterlie vndon, in Case the
said M{r} Cartwright and M{r} Brudnell should (as they saie they will)
take awaie from yo{r} Tennants the said demeanes and woods after
thexpiracoɳ of their leases, and that yo{r} poore Tennants should be
left to the wills of the purchasers for their Fynes, or that the Records
and Court rowles should not be kept as in former tymes in some private
place, where the purchasers and Tennants maie both have the custody and
viewe of them as occasion shall serve.
Maie it therefore please yo{r} Sacred Maj{tie} That such order may be
taken in the premisses for the reliefe of yo{r} poore Tennants of the
Mannor aforesaid That they maie not be dispossessed of the demeanes and
leases, and that they may knowe the Certayntie of their Fynes for the
Coppieholds demeanes and leases and maie have the Court Rolls & Records
safely kepte as formerly they have byn. And that yo{r} Ma{tie} wilbe
further pleased to referr the Consideracoɳ hearing, ordering and
determynacoɳ of the premisses vnto such Noble men, or other 4 gent:
of esteeme in the Country whome yo{r} Ma{tie} shalbe pleased to appoint,
that are neighbours vnto yo{r} Ten{ã}nts, and doe best knowe their
estate & greevances. That they or any two or three of them may take such
order, and soe Cettell the busynes betweene the purchasers & yo{r} poore
Tennants, as they in their wisdoms and discressions shall judge to be
reasonable and fitting, or to Certifie yo{r} Ma{tie} howe they fynd the
same, and in whose defalt it is they cannot determyne thereof. And yo{r}
poore Tennn͠ts as in all humble dutie bound will daielie pray for yo{r}
Ma{tie}.
Whitehall this 10 of Novemb{r} 1629.
His Ma[~] is graciously pleased to referre the consideration of this
request to the Com̃ission{rs} for sale of his lands, that vpon the
report vnto his Ma[~] of their opinion and advise his Ma[~] may give
further order therein. DORCHESTER.
[Endorsed.] Divers Tenants of his Ma{te} mañor of North Wheatley
in the Countie of Nottingham.
(V)
[PAPER ON THE EVILS OF ENCLOSURE, BY AN APPLICANT FOR GOVERNMENT
EMPLOYMENT]
_S. P. Dom. Charles I. Vol. 206, No. 70_
Right Ho{le}
Uppon the ix{th} of July and also the 23{d} of Septemb{r} I deliⱱd
petitions vnto yo{r} Lo{pp} desireinge to shew y{e} great hurt y{t} ys
done to his Ma{tie} & y{e} land by inclosiers w{ch} decay tillage, &
depopulate townes in ye best naturall corne countryes, w{ch} affore
supplyed the wants of others every way beinge in y{e} middle of y{e}
land, for yt their is dearths vppon any vnseasonable seedes tyme or
springe, and is a great cause of decayinge of trades and vndoeinge many
thousands w{ch} before lived well & now for want of Imployment & dearth
of corne, y{er} is multitudes of poor & vagrants complayninge of their
miseryes; and are dangerous to y{e} peacable state of y{e} land, by
y{er} desire of troubles to revenge them selves. Ye know what lamentable
broyles & bloodshedinges were betwixt ye gileadites & ephramites &
Israelites & benjamites for ye levits wife & Abia & Jeroboam & Ahay &
Peka where was slaine above 700,000 men of warr & many of other sorts,
w{ch} was more crewell then by any foraigne enymyes, & wee have
incrochinge enemyes y{t} would take y{er} advantage vppon such
opertunytyes as y{ei} did when y{e} leaguers in France made warrs
against theire Kinge ... for many are of oppinyon that ye Kinges Ma{tie}
nor ye lordes doe not truly vnderstand ye secret mischief es w{ch} is
done by covetous men by ye cuninge misterie of depopulation nor ye
oppressions and causes of dearthes and poverty nor know y{e} readyest
waye for remedyes, y{et} beinge as unacquainted in tyllage & husbandrye
as in other arts: as appeared by y{e} booke of orders y{e} last yere
w{ch} shewed that his Ma{tie} and the lordes had a good desire to remedy
the dearth but y{e} corn masters & malsters &c. used such closse
dealinges y{t} y{e} dearth was worse as y{e} like in former tymes: soe
that no orders will ease dearthes but by causeing more tyllage & y{t}
would make plenty & then every man will sell willinglye....
Also many are much deceived by inclosier because there are countries are
enclosed & be rich, but these were inclosed when there were but few
people & these maintain tyllage husbandry & hospitallyty & sett people
on work & have tenements for labourers, these are lyable to musters &
all services requirable for ye Kinge & country & taxes & charitable
collections but y{e} depopulators in ye champian countryes destroy all
meanes of doeinge help or servise for ye Kinge & country what neede
soever come.
And although this was the fruitfullest somer that was in many yeares,
yet corne holds almost duble price to that which most men expected,
because rich men will sell but litle corne before they see the strength
of May past & if corne does not prosper then they will keep it expecting
a dearth the next yere. Another cause is that all men see how tyllag is
yearly decayed in the best champian countryes & people & drunknes
increased & no hope of remedy because of y{e} inyquity of y{e} tyme &
gentlemen & other have great friends & favour & may doe what they list.
And maltsters & ingrossers buy corn as fast as they can, & doe use wayes
to have it brought home what lawes or orders to the contrary expectinge
a dearth if ye next spring prove not very fruitfull. And if his Ma{ty} &
ye lords doe not take some speedy course to cause more tyllage there
beinge good ground enough before wete seeds tymes come, then will dearth
ensue. And y{n} ye poore hungry people may cry ... where ys corne; And
y{n} it will be too late to remedy dearths by any lawes or orders. And
now it might be done there beinge aboundance of old resty fatt ground in
y{e} champian countryes which if it were plowed & sowne w{t} corne, no
wett seeds tyme could hurt it soe that they would yield corne to supply
all wants beinge in y{e} midle of y{e} land my lord if you please to
give me leave I will give you y{e} names of many decayed townes in ye
counties of Leic{s} & Northampt, &c., and who decayed them & now the
Lord hath swept away y{e} inclosiers & their posterity out of all &
strangers have their houses & pastures. And my desire is y{t} yo{r}
Lo{p} might be acquainted with y{e} country dissorders & the remydes to
reforme y{e} evills and then ye may better judge of them & acquaint his
Ma{tie} & y{e} lords, that by his & their good directions, we shall have
plenty and bring much more to his ma{ties} treasures & the whole
land....
Also I doe humbly intreate yo{r} Lo{ps} favor to let me shew how there
may be ymploym{t} for people & wealth to ye Kinge & ye Kingdome & plenty
& cheapnes & have ingrossers frustrated of their game & have lesse wast
of corne in ale & beer & less sinninge: & lesse dangers & soe ye lorde
keepe you: w{th} my humble sute, to accept of my poore desires for ye
deede, with my attendance vpon your Lop{s} pleasure.
Your Lop{s} to Com̃and
[Endorsed:--] RICHARD SANDES.
Sandes touching Indigence.
(VI)
[IN ILLUSTRATION OF ACTION AGAINST ENCLOSURES BY JUSTICES]
_S. P. Dom. Charles I. Vol. 185, No. 86_
Most Honor{ble}
Wee have caused a view to bee made according to yo{r} Lo{ps} Late
Lrẽs of all _Inclosures and conv{r}sions of Arrable Land to meadow
and pasture_, w{ch} are now in hand or haue beene made w{th}in two
yeares Last past, And wee haue signifyed yo{r} Lo{ps} direcco͠ns vnto
such ᵱsons as are causers of any such Inclosures & Conⱱtions and have
given them notice that they ought not to ᵱcede w{th} hedgeing or
dytchinge in of any such grounds but to Let them so rest vntill wee
shall have furder orders from yo{r}: hon{ors}: And wee further conceaue
that if depopulaco͠ns may bee reformed it will bring a great good to
the whole Kingƌ: for where houses are pulled downe the People are forced
to seeke new habitations. In other townes & cuntryes by meanes whereof
those Townes where they get a setling are pestred so as they are hardly
able to live one by an other, and it is likewise the cause of erecting
new Cottages vppon the wasts and other places who are not able to
releive themselves nor any such townes able to sustaine or set them on
worke w{ch} Causes Rogues & vagabonds to encrease. Moreover it doth
appeare that in those townes w{ch} are depopulated the People being
expelled There are few or none Left to serve the King when Souldjours
are to bee lodged to appeare at Musters for his Ma{te} seruice w{ch} is
also a cause that poore Townes where many people are, are put to greater
charg in setting forth of souldjours & depopulated Townes are much eased
and the Subsidie decayed. All w{ch} wee humbly submit to yo{r} Lo{ps}
great wisdome. And will eⱱ rest.
At yo{r} hon{ble} service
humbly to bee comaunded
Fran: Thornhagh Ro: Sutton vic.
Matth Palmer
W. Cooper Gervas Fevery
Tym: Pilsy Gilᵬt Millington
W̴iɫl Coke Will Moseley
Jo: Woods
Wee doe herew{th}
ᵱsent vnto yo{r}
Hon{rs} the names of
all such as have
made any Inclosures
or conⱱsions w{th} in two
yeares Last past or that
were in hand to make the same.
[Addressed:] To the right hon{ble} the Lords
of his Mat{s} hon{ble} Privy
Counsell humbly present these.
[Endorsed:] Feb. 1630. From the County of
Nottingham touching Inclosures.
The inconveniencies of Depopulation.
[No Enclosures]
[This letter is printed by Miss Leonard, _Trans. Royal Hist. Soc._, New
Series, vol. xix. She refers it to Norfolk, which is apparently a
mistake.]
(VII)
[IN ILLUSTRATION OF ACTION AGAINST ENCLOSURES BY JUSTICES]
_S. P. Dom. Charles I. Vol. 206, No. 71_
Lincoln
An abstract of such depopulators as have bene hetherto dealt
withall in Lincolnshyre, & receyued their pardon.
The persons in number 9
The som?e of their fynes 300_l_
The number of houses by bond to bee erected 33
The tyme for the erecco? within one yere.
The number of farmes to be contynued that
are now standing 22
The fynes are already payd.
Sir Charles Hussey Kn{t.} Fyne, 80ɫ. Bond of 200 ᶆkes, w{th} Condicoɳ
to sett up in Homingtoɳ 8 farmhouses w{th} Barnes &c. and
to lay to eⱱye house 30 acres of land, and to keepe 10 acres
thereof yearlye in tyllage.
S{r} Henry Ayscough Knt. Fyne, 20ɫ.
Bond 200 ᶆkes. To sett vp 8 farmhouses in Blibroughe
w{th} 30 acres to eⱱy farme, and 12 thereof to be kept
yearlie in tylthe.
S{r} Hamond Whichcoote Knt. Fyne, 40ɫ.
Bond 200 ᶆkes. To set up 8 farmhouses &c. in Harpswell,
w{th} 40 acres to eưy house; and 16 thereof in
tyllage.
S{r} Edward Carre Kt. Fyne, 30ɫ.
Bond 100ɫ. To sett vp 2 Farmhouses in Branswell, and
1 in Aswarby w{th} 40 acres to eưy house, 16 in tyllage.
S{r} Willᶆ Wraye, Kn{t.} Fyne, 30ɫ.
Bond 100ɫ. To sett up in Graynesby 2 farmhouses w{th} 2
acres at least to either, 10 in tyllage & to contynue 2
farmes more in Grainsby & 3 in Newbell & Longworth,
w{th} the same quantity, as is now used them, a third ᵱte
in tylthe.
͠
S{r} Edmund Bussye K{t.} Fyne, 10ɫ.
Bond 100ɫ. To set vp one farmhouse in Thorpe w{th} 40
acres, 14 thereof in tyllage, And to contynue 14 farmes
in Hedor, Oseby, Aseby, & Thorpe, as they now are, w{th} a
third ᵱte in tyllage.
Richard Roseto{r} Esq{ṛ} Fyne, 10ɫ.
Bond 50ɫ. To set vp one farme in Lymber w{th} 40 acres,
16 in tyllage, and to continewe 1 farme in Limber, and 2
in Sereby, vt sup{ạ}
Robert Tirwhilt Esq{ṛ} Fyne, 10ɫ. Bond 50ɫ.
To set vp one farme in Camtringt{a}un w{th} 40 acres. 16 in
tyllage.
John Fredway gent. Fyne, 10ɫ. Bond 40ɫ.
To set up one farme in Gelson w{th} 30 acres, 10 thereof in
tyllage.
[Endorsed:] Lincolɳ Depopulatoɽ Fyned & pardoned and the
reformacons to bee made.
[No date]
(VIII)
[COMPLAINTS CONCERNING THE PROCEDURE OF ARCHBISHOP LAUD IN DEALING WITH
ENCLOSURES]
_S. P. Dom. Charles I. Vol. 499, No. 10_
That vpon the Commission of enquiry after depopulacoñ The Lord
Archbishopp of Canȶ and other the Commissioners at the solicitacoñ of
Tho: Hussey gent. did direct a leɽ in nature of a Coᶆission to
certain persons w{th} in the County of Wilts to certifie what number of
Acres in South Marston in the ᵱish of Highworth were converted from
arable to pasture and what number of ploughes were laid downe &c.
Wherevpon the Archdeacon with two others did retourne Certificate, to
the Lord Archbishopp &c.
Upon this Certificate, M{r} Anth: Hungerford, M{r} Southby with 15
others were convented before his Grace and the other Commissioners at
the Councell Board, where being charged with Conversion.
M{r} Anth: Hungerford & M{r} Southby with some others did averre that
they had made noe conversion, other then they had when they came to be
owners thereof.
His Grace said that they were to looke noe further then to the owners,
And Certificate was retourned that soe many Acres were converted and soe
many ploughes let downe.
They alladged that this Certificate was false & made without their
privity, and therefore M{r} Hungerford in the behalfe of the rest did
desire that they might not be iudged upon that Certificate. But that
they might haue the like favour as M{r} Hussey had, to have Ceɽs of
the same nature directed to other Commissioners, or a Commission if it
might be granted to examine vpon oath whereby the trueth might better
appeare.
His Grace replyed to M{r} Hungerford since you desire it & are soe
earnest for it you shall not have it.
They did offer to make prove that since the conversion there were more
habitacoɳs of men of ability & fewer poore. And that whereas the King
had before 4 or 5 souldiers of the Trayned Band he had nowe 9 there.
That the Impropriacoɳ was much better to be lett.
His Grace said to the rest of the Lords, wee must deale with these
genȶ as with those of Tedbury to take 150ɫ fine, and to lay
open the inclosures.
Which they refusing to doe they were there threatned with an
informacoñ to be brought ag{t} them in the Starrchamᵬ And
accordingly were within a shorte tyme after by the said M{r} Hussey
served with sub penas at M{r} Attorney his suite in the Starr chamber:
And this as M{r} Hussey told M{r} Hungf{d} was done by my Lo: Archbp his
command.
[Endorsed:] Depopulation--M{r} Hungerford & M{r} Southby [1641].
APPENDIX II
TABLE I (p. 25)
This table is based on documents relating to the following manors:--
1. Northumberland.
Acklington (1567, _Northumberland County History_, vol. v. pp. 367-8);
Buston (1567, _ibid._, vol. v. p. 209); Thirston (1567, _ibid._, vol.
vii. pp. 305-6); Birling (1567, _ibid._, vol. v. pp. 200-1); Amble
(1608, _ibid._, vol. v. p. 281); Hexham (1608, _ibid._, vol. iii. pp.
86-104).
2. Lancashire.
Warton (Hen. VIII., R.O. Rentals and Surveys, Gen. Ser., Portf. 19, No.
7, ff. 79-87); Whyttington (Hen. VIII., R.O. Rentals and Surveys, Gen.
Ser., Portf. 19, No. 7, ff. 47-9); Ashton (Hen. VIII., R.O. Rentals and
Surveys, Portf. 19, No. 7, ff. 69-72); Overton (4 Eliz. R.O. Duchy of
Lanc., Special Commission, No. 67); Widnes (10 Eliz. R.O. Duchy of
Lanc., Special Commission, No. 181); Cartmel (Hen. VIII.(?) R.O. Rentals
and Surveys, Gen. Ser., Portf. 22, No. 75); Rochdale (1626, from
information kindly supplied by Lieut.-Colonel Fishwick of Rochdale, from
a Survey in the Chetham Library, Manchester), Lands of Cockersand Abbey
(1501, _Chetham Miscellanies_, vol. iii.).
3. Staffordshire.
Barton (Ph. and M.(?) R.O. Rentals and Surveys, Gen. Ser., Portf. 14,
No. 70); Burton Bondend (1597, R.O. Land Rev. Misc. Bks., vol. 185, ff.
70-74); Drayton Basset (1579, R.O. Land Rev. Misc. Bks., vol. 185, ff.
54-68); Wotton in Elishall (1 Ed. VI., R.O. Rentals and Surveys, Gen.
Ser., Portf. 14, No. 83); Agarsley (1611, R.O. Rentals and Surveys,
Duchy of Lancs., Bdle. 8, No. 29).
4. Leicestershire.
Ulverscroft Priory (31 Hen. VIII., R.O. Land Rev. Misc. Bks., vol. 182,
f. 35); Broughton Astley (Eliz. R.O. Rentals and Surveys, Gen. Ser.,
Bdle. 10, No. 4); Barkby (Hen. VIII., R.O. Rentals and Surveys, Roll
382); Stapleford (10 Eliz., R.O. Rentals and Surveys, Duchy of Lanc.,
Portf. 6, No. 15); Priory of Launde (31 Hen. VIII, R.O. Land Rev. Misc.
Bks. 182, f. 1); College of St. Mary, Leicester (1595, R.O. Rentals,
Duchy of Lanc. 6/12); Garradon Abbey (Hen. VIII., R.O. Augm. Off., Misc.
Bks. 403, f. 123); Kibworth Beauchamp (1 & 2 Ph. and M., R.O. Land Rev.
Misc. Bks. 182, f. 284); Kibworth Harcourt (1636, Merton MSS., Book
labelled Kibworth and Barkby, 1636).
5. Northamptonshire.
Duston (3 Eliz., R.O. Rentals and Surveys, Portf. 13, No. 23);
Yelvertoft (11 Eliz., R.O. Rentals and Surveys, Portf. 13, No. 52);
Warmington and Eaglethorpe (30 Eliz., R.O. Rentals and Surveys, Portf.
13, No. 21); Brigstock (4 James I., R.O. Land Rev. Misc. Bks., vol. 221,
f. l); Higham Ferrers (8 James I., R.O. Rentals and Surveys, Portf. 13,
No. 34); Paulspurie, _alias_ Westpury (32 Hen. VIII., R.O. Rentals and
Surveys, vol. 419, f. 3).
6. Norfolk.
Ormesby (7 Hen. VIII., R.O. Rentals and Surveys, Gen. Ser., Portf. 22,
No. 18); Barney (29 Hen. VIII., R.O. Rentals and Surveys, Gen. Ser.,
Portf. 26, No. 57); Great Walsingham (29 Hen. VIII., _ibid._); Gunthorpe
(29 Hen. VIII., _ibid._); Skerning (Ed. VI., R.O. Rentals and Surveys,
Gen. Ser., Portf. 3, No. 23); Metherwolde (1575, R.O. Duchy of Lanc.,
Rentals and Surveys, Bdle. 7, No. 29_a_); Brisingham (31 Eliz., R.O.
Misc. Bks., Land Rev., vol. 220, f. 220); Aylsham (James I., R.O. Misc.
Bks., Augm. Off., vol. 360, f. 1); Scratbye Bardolphes (date uncertain,
R.O. Rentals and Surveys, Gen. Ser., Portf. 12, No. 52); Burghe Vaux
(1620, R.O. Rentals and Surveys, Gen. Ser., Portf. 12, No. 52); Castons
(_c._ 1620(?), R.O. Rentals and Surveys, Gen. Ser., Portf. 12, No. 52 p.
10d); Massingham (Hen. VIII.(?), R.O. Rentals and Surveys, Gen. Ser.,
Portf. 30, No. 25); Northendall (date uncertain, R.O. Rentals and
Surveys, Roll 478, m. 3); Drayton Hall (date uncertain, R.O. Rentals and
Surveys, Gen. Ser., Portf. 20, No. 53); East Dereham (1649, R.O.
Parliamentary Surveys, Norfolk, No. 10); West Lexham (1595, Holkham
MSS., West Lexham MSS., No. 87); Longham Hall and Gunton (1611, Holkham
MSS., Tittleshall Bks., No. 62); Longham and Watlington (1611, Holkham
MSS., Tittleshall Bks., No. 62); Watlington and Priors (1611, Holkham
MSS., Tittleshall Bks., No. 62); Billingford (1565, Holkham MSS.,
Billingford and Bintry MSS., Bdle. No. 9); Foxley (1568, Holkham MSS.,
Billingford and Bintry MSS., Bdle. No. 9); Peakhall (1578, Holkham MSS.,
Tittleshall Bks., No. 12); Wellingham (1611, Holkham MSS., Tittleshall
Bks., No. 62); Tittleshall Newhall (Holkham MSS., Tittleshall Bks., No.
62). I have included one manor (R.O. Rentals and Surveys, Gen. Ser.,
Portf. 3, No. 21), of which I have mislaid the name.
7. Suffolk.
Snape (Hen. VIII., R.O. Misc. Bks., Treas. of Receipt, vol. 163, f.
187); Ashfield (Hen. VIII., R.O. Rentals and Surveys, Gen. Ser., Portf.
14, No. 85); Otley (Hen. VIII., R.O. Misc. Bks., Treas. of Receipt, vol.
163, f. 145); Rodstrete and Brimdishe (Ed. VI., R.O. Misc. Bks., Augm.
Off., vol. 414, f. 19-22); Dennington (Ed. VI., R.O. Misc. Bks., vol.
414, f. 22b); Harrolds in Cretingham (Ed. VI., R.O. Aug. Off., vol. 414,
f. 25b); Stratford juxta Higham (17 James I., R.O. Duchy of Lanc.,
Rentals and Surveys, 9/13); Denham (date uncertain, R.O. Rentals and
Surveys, Gen. Ser., Portf. 27, No. 32); Dunstall (date uncertain, R.O.
Rentals and Surveys, Gen. Ser., Portf. 27, No. 32); Dalham (date
uncertain, R.O. Rentals and Surveys, Gen. Ser., Portf. 27, No. 32);
Kentford (date uncertain, R.O. Rentals and Surveys, Gen. Ser., Portf.
27, No. 32); Nedham (date uncertain, R.O. Rentals and Surveys, Gen.
Ser., Portf. 27, No. 32); Desnage Talmaye, and Cressness[?] in Gaseleye
(date uncertain, R.O. Rentals and Surveys, Gen. Ser., Portf. 27, No.
32); Higham (date uncertain, R.O. Rentals and Surveys, Gen. Ser., Portf.
27, No. 32).
8. Wiltshire, Somerset, and Devon.
All are contained in the _Surveys of the Lands of William, Earl of
Pembroke_, published by the Roxburgh Club, and edited by Straton,
1565-1573. There are twenty-seven manors in Wiltshire, four in
Somersetshire, and one in Devonshire.
9. Hampshire.
Crondal, and Sutton Warblington (_Crondal Records_, Part I., Baigent).
10. Ten other manors in the South of England.
Castle Combe (Wilts, 1454, Scrope, _History of Castle Combe_); Ibstone
(Bucks, 1483, Merton MSS., No. 5902); Cuxham (Oxford, 1483, Merton MSS.,
No. 5902); Malden (Surrey, 1496, Merton MSS., Survey of Malden); Aspley
Guise (Bedford, 1542, from information kindly supplied by Mr. G.H.
Fowler, of Aspley Guise); Ewerne (Dorset, 1568, _Topographer and
Genealogist_, vol i.); Edgeware (Middlesex, 1597, All Souls Estate
Maps); Kingsbury (Middlesex, 1597, All Souls Estate Maps); Gamlingay
Merton (Cambridge, 1601, Merton Estate Maps); Gamlingay Avenells
(Cambridge, 1601, Merton Estate Maps).
* * * * *
The chief criticisms which may be made upon this table are:--
(i) Some of the documents from which the figures are taken are separated
from each other by a very long interval of time, so that they do not all
represent approximately the same stage of agrarian development. This is
a disadvantage. It is possible, for example, that, if the manor of
Rochdale could be examined in 1526 instead of in 1626, it would be found
that the proportion of copyholders to leaseholders was higher than it is
at the later date. This defect, however, is perhaps not so great as to
outweigh the value of the general picture of the relative proportion of
different classes given by the table. A great majority of the documents
from which it is compiled belong to the sixteenth century, and are dated
as follows: Those of 10 manors are of an uncertain date, those of 3 fall
between 1450 and 1485, of 2 in the reign of Henry VII., of 19 in that of
Henry VIII., of 5 in that of Edward VI., of 3 in that of Philip and
Mary, of 60 in that of Elizabeth, of 13 in that of James I., of 2 in
that of Charles I., of 1 in 1649.
(ii) The lists of tenants given by the surveyors may sometimes not be
exhaustive. I am not sure, for example, that all the freeholders on the
manor of Crondal, or all the leaseholders at Gamlingay Merton and
Gamlingay Avenells, are recorded.
(iii) It is sometimes not clear under what category a tenant should be
entered. When there is no clue at all I have entered such tenants as
"uncertain." In some cases, however, though there is no entry by the
surveyor, there are indications that the tenants are freeholders,
customary tenants, or leaseholders, and, when that is so, I have grouped
them in the table according to the probabilities of the case. But I do
not doubt that I have made some mistakes.
(iv) A special word must be said about Norfolk and Suffolk. In these
counties it is quite common to find the same tenant holding both by free
and by customary tenure. When this is so, I have entered him both under
"freeholders" and under "customary tenants" in the table. This means, of
course, that the numbers entered for these two counties in the table
exceed the number of individual landholders. As, however, my object was
to ascertain the distribution of different classes of tenures, this
course, though not satisfactory, seemed the best one to follow. In other
counties a similar difficulty hardly ever occurs, a fact which is of
some interest as showing the relatively advanced agrarian conditions of
Norfolk and Suffolk. In the few cases in which it does occur I have
followed the same plan as I have for those two counties.
TABLE II. (pp. 32 and 33)
This table is based on documents relating to the undermentioned manors.
The sources from which the information is taken are given in the
explanation of Table I., and I therefore do not repeat them.
1. Norfolk.
Metherwolde, Northendall, Brisingham, Massingham, Skerning Billingford.
2. Suffolk.
Ashfield, Stratford juxta Higham, Kentford, Dunstall.
3. Staffordshire.
Drayton Basset, Barton, Burton Bondend.
4. Lancashire.
Warton, Overton, Widnes.
5. Northamptonshire.
Paulespurie, Brigstock, Higham Ferrers, Duston.
6. Wiltshire.
South Newton.
7. Leicestershire.
Barkby.
I have thought it worth while to insert this table, but I am not
satisfied with it. (i) I am inclined to think that, as stated in the
text, fuller information would show that medium-sized holdings of
between 20 and 60 acres were more common than it suggests. It is plain
that surveyors often could not locate the properties of freeholders, and
the larger the property the harder their task. (ii) Even where the
holding is set out by the surveyor, one cannot always form an accurate
judgment of its size. For example, rights of common, though often
expressed in acres, are often expressed in some other way, _e.g._ in the
terms of the number of beasts which the tenant may graze; and, again, a
man is sometimes said to hold so many acres "cum pertinentiis." What I
have done is simply to enter the acreage as given in the surveys. In
some cases, therefore, the size of the holding is certainly
underestimated.
TABLE III. (p. 48)
The figures in this table are an analysis of the figures given under the
heading of "Customary Tenants" in Table I., and the source from which
they are taken will be found by looking at the explanation of that table
given above. As I have pointed out in the text, it is probable that not
all the "Tenants at Will" should have been entered as "Customary
Tenants" in that table. I hope that any error which may have arisen
through their inclusion under that heading there may be neutralised by
setting them out here. It will be seen that they are not numerous.
TABLE IV. (pp. 64 and 65)
This table is based on documents relating to the undermentioned manors.
The sources from which the information is taken are given, with a few
exceptions (see below), in the explanation of Table I.
1. Wiltshire and Somerset.
South Newton, Byshopeston, Washerne, Knyghton, Donnington, Estoverton
and Phipheld, Wynterbourne Basset (all in Wilts), South Brent and Huish
(Somerset).
2. Suffolk.
Stratford juxta Higham, Ashfield, Snape, Desnage Talmaye, Chaterham Hall
(the last Hen. VIII. R.O. Misc. Bks., Treas. of Receipt, vol. 163, ff.
109-114).
3. Norfolk.
Barney, Great Walsingham, Gunthorpe, Brisingham, Aylsham, Ormesby,
Northendall, and one manor, the name of which I have mislaid (see
explanation of Table I.).
4. Staffordshire.
Barton, Wotton in Elishall, Agarsley.
5. Lancashire.
Ashton, Whytyngton, Warton, Widnes.
6. Northamptonshire.
Higham Ferrers, Brigstock.
7. Leicestershire.
Launde Priory, Barkby, Kibworth.
8. Northumberland.
High Buston, Acklington, Birling, Thirston, Preston, East Chirton,
Middle Chirton, Whitney, Monkseaton, Eardon (the last six all 1539,
_Northumberland County History_, vol. viii. p. 230, ff.).
9. Nine manors elsewhere in South of England.
Crondal, Sutton Warblington, Edgeware, Kingsbury, Aspley Guise,
Gamlingay Merton, Gamlingay Avenells, Salford, Weedon Weston (two last
from surveys on back of All Souls Maps).
In this table are included a few landholders as to whose tenure I am not
certain. It has the defect stated in connection with Table I., that in a
considerable number of instances the holdings of tenants are not fully
expressed in terms of acres, and that therefore it probably somewhat
underestimates their area. On the other hand, the holdings of the
customary tenants are usually set out by the surveyors much more fully
than those of the freeholders.
TABLE V. (p. 107)
1. Northumberland and Lancashire.
Acklington, Birling, High Buston, Thirston, Whytyngton.
2. Wiltshire and Dorsetshire.
South Newton, Estoverton and Phipheld, Winterbourne Basset, Washerne,
Donyngton, Byshopeston, Knyghton, Ewerne (the last in Dorsetshire,
_Topographer and Genealogist_, vol. i. There are only three customary
tenants on this manor, and only one is represented in the table, as the
use made by the others of their land is not ascertainable).
3. Bedfordshire, Northamptonshire, Staffordshire, Leicestershire.
Salford, Weedon Weston, Wotton in Elishall, Kibworth Harcourt.
In connection with this table the following points should be noticed:--
(i) I am not certain that all the tenants represented in it are
customary tenants. But with one or two exceptions the holdings of all
are not larger than those of the customary tenants on other manors, so
that there is no reason to suppose that their agricultural economy
differed from that usually followed by the latter.
(ii) More serious, the figures are not completely accurate. I have
entered under each denomination, "arable," "meadow," or "pasture," land
so entered by the surveyor. In some cases, however, the character of the
land is not specified. _E.g._ it is described simply as a "close," or a
tenant is said to hold so many acres of arable "with appurtenances."
Further, tenants frequently possess rights of pasture which are not
expressed in terms of acres, but are either measured by the number of
beasts which they may graze, or are not measured at all (_e.g._ "catalla
sine extento"). In the latter case, which does not affect any except the
Wiltshire manors, I have not attempted to form any estimate, but have
simply taken their holdings as stated by the surveyor. When there is no
clue to the character of the land, I have omitted it. When it is plain
that the land falls under a special denomination, though this is not
specified in the survey, I have placed it under that denomination in my
table. _E.g._ at Donyngton nearly every tenant holds "unum clausum
noviter extractum de communia," and together they hold in such "closes"
132 acres. I have entered these as "pasture."
TABLE VI. (pp. 115-117)
1. Ingoldmells, Lincolnshire: Massingberd, Ingoldmells Court Rolls,
Preface, p. vii. I quote the words of the editor, "In 1086 the annual
value of the manor of Ingoldmells was £10.... In 1295 the rents of the
free and bondage tenants were £51, 17s. 1d.... In 1347 the same rents
were £61, 9s. 4d., and in 1421 they were £71, 10s. 3d.... But in 1485
£3, 7s. 4d. had to be deducted for lost rents ... from a total of £72,
6s. 8d.... When the manor was sold in 1628 by Charles I., the reserved
rent ... was only £73, 17s. 2d.... It is therefore clear that at
Ingoldmells the tenants appropriated virtually the whole of the increase
in the value of the land."
2. Crondall, Hampshire: Baigent, _Crondal Records_, Part I., pp. 135 and
383.
3. Sutton Warblington, Hampshire: _ibid._, pp. 141 and 383. At the later
date Sutton Warblington appears to have been treated as part of the
manor of Crondal, though still itself called a manor.
4. Birling, Northumberland: _Northumberland County History_, vol. v.
5. Acklington, Northumberland: _ibid._, vol. v.
6. High Buston, Northumberland: _ibid._, vol. v. (Tenants at will and
copyholders only).
7. Amble, Northumberland: _ibid._, vol. v.
8. Aspley Guise, Bedfordshire. These figures were kindly supplied me by
Dr. G.H. Fowler of Aspley Guise as the result of his researches in the
Record Office into the history of the manor.
9. South Newton, Wiltshire: Roxburghe Club, _Surveys of Lands of
William, first Earl of Pembroke_, edited by Straton. Note (a) The manor
of South Newton included the parishes of Childhampton, Stoford, Little
Wishford, and North Ugford. I have dealt here only with the Parish of
South Newton, (b) The figures relate only to the customary tenants, and
do not include the payments of freeholders and _convencionarii_. I have
obtained the figure of £8, 3s. 11-1/2d. by adding together the tenants'
money payments and the value of their works, which are set down in terms
of money. But I am not sure that it is correct. I have omitted the
payments of fowls (made at both dates) and the small payments for church
shot and maltsilver.
10. Cuxham, Oxfordshire: Merton MSS., Nos. 5902 and 5905.
11. Ibstone, Buckinghamshire: _ibid._, Nos. 5902 and 5209. (In the
earlier rental freeholders as well as customary tenants, and in the
later possibly leaseholders as well, are included.)
12. Malden, Surrey: Merton MSS. MSS. both headed "Maldon, Thorncroft,
and Farleigh 1841," and giving extracts from early court rolls and
rentals.
13. Kibworth, Leicestershire: Merton MSS., Nos. 6375 (Rental), 6362, and
6356 (ministers' accounts). The earliest entry is the payments of the
copyholders only: the two later entries are "rents of assize."
14. Standen, Hertfordshire: R.O. Mins. Accts., Gen. Ser., Bdle. 868, No.
17; Bdle. 869, No. 8; Bdle. 869, No. 15; Bdle. 870, No. 4. The earliest
entry is "Rents assized £18, 17s. 3d. Lands let at will of lord 60s."
The second, third, and fourth give the total income.
15. Feering, Essex: R.O. Mins. Accts., Gen. Ser., Bdle. 841, No. 5;
Bdle. 841, No. 23; Mins. Accts., Hen. VIII., No. 951. The first two
entries are totals of quarterly rents paid at Christmas, Easter, Birth
of St. John the Baptist, and Michaelmas. The last is "assized rent." It
is possible, therefore, that the apparent diminution is due to the
earlier rentals having included payments not given in the last.
16. Appledrum, Sussex: R.O. Rentals and Surveys, Rolls 643, 644, and
Mins. Accts., Gen. Ser., Bdle. 1019, No. 15.
17. Minchinhampton: R.O. Rentals and Surveys, Gen. Ser., Rolls 237 and
241. In the earlier documents the "total rent yearly" is given as £41,
14s. 4d., and the "sum total of works" as £4, 15s.
18. Langley Marish, Berkshire: R.O. Mins. Accts., Gen. Ser., Bdle. 761,
No. 4, and Bdle. 762, No. 5; Land Rev. Misc. Bks., vol. 188, f. 196ff.
The first entry is the sum total of rents paid quarterly, together with
7s. 4d. of a custom called "vaccage," and 13s. 4d. of common fine at
view of frank pledge. (Exactly the same items are entered in the
following year.) The second entry is "profits and issues of the manor,"
and is headed "account of the manor for 83 days," but the similarity of
the figure with that of the earlier date makes it hard to believe that
the "profits" relate to less than one quarter of the year. The third
entry is made up of rents of free and customary tenants, demesne lands
held by copy, and customary rents called "Hedage" and "Duply," producing
23s. 3-1/2d.
19. Lewisham, Kent: R.O. Rentals and Surveys, Gen. Ser., Roll 361; Misc.
Bks., Treas. of Receipt, vol. 174, f. 1-34; Misc. Bks., Aug. Off., vol.
414, f. 33-4. The first entry is "Rent of the tenants of the manor of
Lewisham," the second "Rental of the lordship of Lewisham." The third
"Rent of free tenants £17, 12s. 10-1/2d., Rent of tenants _per
dimissionem_ £72, 9s. 8-1/2d., Rents of tenants at will 9d."
20. Cuddington, Surrey: R.O. Rentals and Surveys, Rolls 669 and 624,
Aug. Off., Misc. Bks., vol. 414, f. 3-16. The first entry is "Rents
belonging to the manor at the terms of Easter and Michaelmas," i.e. it
is for half a year only, and therefore I have ventured to double it. The
second and third entries consist of the annual rent of all classes of
tenants.
21. Isleworth, Middlesex: R.O. Mins. Accts., Gen. Ser., Bdle. 916, Nos.
11, 21, and 25. The figures at each date refer to the assized rent. At
the two earlier dates the assized rent is given for all four quarters of
the year. At the last date it is given only for the Michaelmas quarter.
In order to make comparison possible, I have given the rents for the
Michaelmas quarter throughout. The full entries for the two earlier
dates are: 1314-15, £15, 5s. 6d. at Christmas, £17, 1s. 9-3/4d. at
Easter, £15, 5s. 6d. at June 24, £21, 16s. 10d. at Michaelmas, works
sold 22s. 1-1/2d; 1386-7, £14, 13s. at Christmas, £16, 19s. 7d. at
Easter, £13, 13s. at June 24, £23, 3s. 10-1/2d. at Michaelmas, works
sold 106s. 10d.
22. Wootton, Oxfordshire: R.O. Misc. Accts., Bdle. 962, No. 20; Bdle.
963, No. 14; Aug. Off., Misc. Bks., vol. 414, f. 38b. At the two earlier
dates the figures given are the assized rents of free and bond tenants
and _cotarii_, at the last date they are the rents of free and customary
tenants. At that time there was also a rent of 30s. 8-1/2d. from
assarts, and a rent of £13, 0s. 11d. from tenants by demission. I have
omitted the last two items as there is nothing comparable to them in the
earlier entries.
23. Speen, Berkshire: R.O. Mins. Accts., Gen. Ser., Bdle. 750, No. 22;
Misc. Bks. Land Revenue, vol. 187, f. 97-101. At the earlier date the
figures refer to the assized rents, at the later date to the rents of
free tenants, customary tenants, and "firms."
24. Schitlington, Bedfordshire: R.O. Mins. Accts., Gen. Ser., Bdle. 741,
Nos. 16, 19, and 27. At the first date the figures refer to the assized
rent, and include "Tallage of the vill £10." At the second date they
cover the same entries as at the first. At the last date they refer to
the rent as it appears in the Rental. At this time there are certain
additional entries, viz., "Firm of land £8, 5s. 0-1/4d., Firm of the
manor £4, 15s. 4d., Increase of Rent [of a mill(?)] 13s. 4d., Increase
of Rent of 1 messuage, 1 virgate with croft and meadow 13s. 7-1/2d."
These I have omitted.
25. Cranfield, Bedfordshire: R.O. Mins. Accts., Gen. Ser., Bdle. 740,
Nos. 18, and 25; Mins. Accts., Hen. VIII., No. 4. At the first two dates
the figures include rents of free and native tenants and ferm of lands.
At the last date the entry is "Rent of the vill, as by the rental, £72,
2s. 1-3/4d."
26. Holywell, Huntingdonshire: R.O. Mins. Accts., Gen. Ser., Bdle. 877,
No. 17, Bdle. 878, No. 1. At the first date the entries include rents
assized, and certain miscellaneous items such as "Hewesilver,"
"Heringsilver," "Brensilver"; at the later date "Rents assized of free
and villein tenants £4, 19s. 8d., customary rent lately in works and in
new rent £15, 6s. for 17 virgates paying 18s. each, £6, 15s., for 25
cotmen paying 9s. each, 6s. 8d. increment of rent."
The suggestion that it might be of interest to try to discover how far
rents were stationary over long periods came to me from reading the
article by Maitland on "The History of a Cambridgeshire Manor" in _E. H.
R._, vol. ix., where he points out that copyholders must have enjoyed a
considerable unearned increment. The table of rents explained above is
unsatisfactory, because of the difficulty of finding a basis for the
comparison of payments at different periods. Thus at the earlier dates
there are the tenants' works, and (occasionally) tallages to be
considered; at the later the rent obtained from leasing the demense. The
variety of the sources of manorial revenue makes it impossible to
discover a common form to which the payments on all manors can be
reduced. The ideal would be to take the villeins' payments and works in
(say) the fourteenth century, and to compare them with the payments of
the copyhold tenants in the sixteenth century. But since the commonest
entry is simply "rents of assize," which included the rents of
freeholders as well as of customary tenants, this simple procedure is
often impossible.
While the table given on pages 115-117 is certainly not what could be
desired, I am inclined to think its inaccuracies do not lie in the
direction of exaggerating the fixity of rents, but rather, if anything,
in underestimating it, because (i) when a total rent is given for the
fifteenth or sixteenth century, without further particulars, it probably
often included the rent paid by the farmer of the demesne, which at the
earlier period was non-existent, (ii) at the later period the total rent
often included payments made for new encroachments in the waste. When
this is evidently the case, as at Wootton, and the amount of the new
payments is stated, I have omitted them, my object being to compare,
when possible, the rents paid by customary tenants at different periods.
But often it is not possible to make such an allowance, and therefore I
am disposed to think that the figures for the later dates are more
likely to be weighted with irrelevant items than are the figures for the
earlier dates. This makes the comparatively slow increase in the rents
of some manors all the more worthy of notice.
TABLE VIII (p. 212)
1. Norfolk.
Massingham Priory (two farms, Hen. VIII., R.O. Rentals and Surveys, Gen.
Ser., Portf. 24, No. 4, f. 46); Wymondham (Hen. VIII., R.O. Augm. Off.,
Misc. Bks. 408, f. 25); Marshams (Marham(?), Hen. VIII., Augm. Off.,
Misc. Bks. 408, f. 19); Thetford (Hen. VIII., Augm. Off., Misc. Bks.
408, f. 22); Bockenham (Hen. VIII., R.O. Augm. Off., Misc. Bks. 408, f.
9-10); Langley (Hen. VIII., R.O. Augm. Off., Misc. Bks. 399, f. 228-9);
Walsingham (Hen. VIII., R.O. Augm. Off., Misc. Bks. 399, f. 201);
Brisingham (31 Eliz., R.O. Misc. Bks. 220, f. 236); Farfield (31 Eliz.,
_ibid._); Wighton (17 Eliz., R.O. Rentals and Surveys, Duchy of Lanc,
Bdle. 7, No. 34); Peakhall (1575, Holkham MSS., Tittleshall Bks., No.
12); West Lexham (1575, Holkham MSS., West Lexham MSS., No. 87); Foxley
(1568, Holkham MSS., Billingford and Bintry MSS., Bdle. No. 9); Sparham
(1590, Holkham MSS., Sparham MSS., Bdle. No. 5); Billingford (between
1564 and 1606, Holkham MSS., Billingford and Bintry MSS., Bdle. No. 9);
Fulmordeston (1614, Holkham MSS., Map No. 59).
2. Wiltshire.
South Newton, Estoverton, Wynterbourne Basset, Byshopeston, Donnington,
Knyghton, Domerham, Burdonsball, Foughlestone, Brudecomb, Westoverton,
Sutton Maundeville, Stockton, Albedeston, Chalke, Bulbridge, Dichampton,
Patney, Wyley, Berwick St. John, Remesbury, Staunton, Chilmerke (all
1565-73, Roxburgh Club, _Surveys of Lands of William, First Earl of
Pembroke_).
3. Manors in other counties.
Ashton (Lancs., Hen. VIII., R.O. Rentals and Surveys, Gen. Ser., Portf.
19, No. 7, ff. 69-72); Prestwood (Staffs., R.O. Misc. Bks. Land Rev.,
vol. 185, ff. 155b-7); Gamlingay Merton (Cambridgeshire, 1601, Merton
Estate Maps); Gamlingay Avenells (_ibid._); Salford (Bedfordshire, 1595,
All Souls Estate Maps); Weedon Weston (Northants, c. 1595, _ibid._);
Edgeware (Middlesex, 1597, All Souls Estate Maps); Kingsbury (Middlesex,
1597, _ibid._); Greenham (Bucks, 1595, _ibid._); Crendon (Bucks, c.
1595, _ibid._); Harlesden Farm (Middlesex, 1599, _ibid._); Land in the
Parish of Hendon (Middlesex, c. 1599, _ibid._); Whadborough
(Leicestershire, 1620, _ibid._).
The fact that this table is compiled from documents of different dates
makes it impossible to use it as an index of the size of the large
leasehold farms at any one period in the sixteenth century. Nor can I
hope to have escaped errors of calculation. I hope, however, it may be
of some use in illustrating the considerable scale on which some farms
were conducted.
TABLES IX, X, and XI (pp. 218, 225-226 and 227)
The farms from which these tables are compiled are included in the list
given in explanation of Table VIII. (with one exception, Ewerne in
Dorsetshire, _Topographer and Genealogist_, vol. i.), and it is
therefore unnecessary to set them out in detail here. The figures as to
arable, pasture, and meadow on the demesne of 41 monasteries are taken
from Savine, "English Monasteries on the Eve of the Dissolution,"
_Oxford Studies in Social and Legal History_, vol. i. p. 172.
TABLE XIII (p. 300)
This table is compiled from documents relating to the undermentioned
manors. When the reference has already been given I do not repeat it
here:--23 manors in Wilts, Somerset, and Devon, Roxburghe Club, _Surveys
of Lands of William, First Earl of Pembroke_. West Lexham (Norfolk),
Sparham (Norfolk), East Dereham (Norfolk), Wighton (Norfolk), Stockton
Socon (Norfolk, 1649, R.O. Parly. Surveys, Norf. No. 14); Aldeburgh
(Suffolk, Hen. VIII., R.O. Misc. Bks., Treas. of Receipt, vol. 163); St.
Edmund (Suffolk, 1650, R.O. Parly. Surveys, Suff. No. 14); Dodnash
(Suffolk, Hen. VIII., R.O. Misc. Bks., Treas. of Receipt, vol. 163, f.
79); Chatesham, Suffolk (Hen. VIII., R.O. Misc. Bks., Treas. of Receipt,
vol. 163, f. 91); Falkenham (Suffolk, Hen. VIII., R.O. Treas. of
Receipt, vol. 163, f. 181); Stratford juxta Higham (Suffolk), Mettingham
(Suffolk, _Victoria County History_, chapter on Social and Economic
History); Mark Soham (Suffolk, _ibid._); Bushey (Herts, 7 Eliz., from
Court Rolls lent me by the late Miss Toulmin Smith); Ewerne (Dorset,
1567, _Topographer and Genealogist_, vol. i.); Corton (Somerset,
_ibid._); Rolleston (Staffs., _ibid._); Hewlington (Denbighshire, 4
Eliz., Wrexham Library, Ancient Local Records, vol. ii.); Holt
(Denbighshire, _ibid._); Wotton in Elishall (Staffs.); Burton Bondend
(Staffs.); Agarsley (Staffs.); High Furness (Lancs., 28 Eliz., R.O.
Duchy of Lancs., Special Commissions, No. 398); Crondal (Hants);
Edgeware (Middlesex); Kingsbury (Middlesex); Malden (Surrey, Merton
MSS., book labelled Malden, Thorncroft, and Farleigh); Thorncroft
(Surrey, _ibid._); Farleigh (Surrey, _ibid._); 14 manors in
Northumberland (_Northumberland County History_, vol. viii., p. 238);
Bradford (Somerset, Selden Society, vol. xii., Leadam, Select Cases in
the Court of Requests); Shepton Mallet, Somerset (Calendar of
Proceedings in Chancery, _temp._ Eliz. H.h. i. 27); Newton Tracye
(Devon, _ibid._, H.h. 23, 17); Chudlye (Devon, _ibid._, L.l. 8, 31);
Powlton (Wilts, _ibid._, M.m. 13); Kibworth Harcourt (Leicestershire,
Merton MSS., book containing extracts from Merton Court Rolls); Barkby
(Leicestershire, _ibid._).
* * * * *
NOTE.--(i) The names of the manors from which Dr. Savine takes his
figures are not given. Consequently his information and mine may
sometimes overlap, (ii) The MSS. book from which the customs of
Farleigh, Thorncroft, and Malden are taken is dated 1841, but it
purports to give customs based on ancient court rolls. The same applies
to the information as to Kibworth Harcourt and Barkby.
GENERAL INDEX
Abbeys, _see_ Monasteries
Act of Parliament, Enclosure by in 18th century, 183-184
Acts of Parliament--
Statute of Merton, 1235, 87, 180, 248, 371-372
15 Hen. VI. c. 2, sanctioning export of corn, 113, 197
23 Hen. VI. c. 5, sanctioning export of corn, 113, 197
3 Ed. IV. c. 2, restricting import of corn, 113, 197
4 Hen. VII. c. 14, against depopulation, 11, 353
6 Hen. VIII. c. 5, against depopulation, 353
7 Hen. VIII. c. 1, against depopulation, 353
25 Hen. VIII. c. 13, against depopulation, 354
27 Hen. VIII. c. 25, for relieving impotent beggars, 269
1 Ed. VI. c. 2, legalising enslavement of vagabonds, 44, 269
2 and 3 Ed. VI. c. 12, giving good titles to Duke of Somerset's tenants,
294, 365
3 and 4 Ed. VI. c. 3, re-enacting Statute of Merton with amendments,
371-372
5 and 6 Ed. VI. c. 5, against depopulation, 354
2 and 3 Phil, and M. c. 2, against depopulation, 354
5 Eliz. c. 2, Statute of Artificers, 23, 45, 100, 353
14 Eliz. c. 5, directing compulsory assessment for relief of poor, 269
18 Eliz. c. 3, directing provision of materials for setting unemployed to
work, 269
31 Eliz. c. 7, requiring cottages to be let with 4 acres of land
attached, 277, 354
35 Eliz. c. 7, against depopulation, but repeating clauses in previous
Acts forbidding conversion to pasture, 354
39 Eliz. c. 1, against depopulation, 354-355
39 Eliz. c. 2, against depopulation, 354-355
4 Jac. I. c. 11, for enclosure of certain parishes in Herefordshire, 395
21 Jac. I. c. 28, continuing certain Acts and repealing others, 355
Action of trespass--
copyholders' remedy by, 289
freeholders' remedy by, 248
Administration--
of land by peasants, 102, 159-161, 244-246. _See also_ Agriculture,
Commons, Communism
of Acts against Depopulation--
difficulty of, 377-386
irregularity of, 391-393
occasional effectiveness of, 386-387, 390-392
opposition of landlords to, 367-368, 370, 397-398
petition of rebels for, 335, 337
Administrative Courts, _see_ Council, Courts
Administrative interference--
with economic matters, 355-357
with enclosures--
under Henry VII., 359-360
" Henry VIII., 360-362
" Edward VI., 362-372
" Elizabeth, 372-374
" James I., 374-375
" Charles I., 376-377
final cessation of, 397-400
Admission fines, _see_ Fines
Agrarian changes, the--
causes of, 6-7, 12-13, 185-200
contemporary accounts of, 6-8
general effect of, 403-404
localities most affected by, 153-154, 182, 262, 405
of fourteenth and fifteenth centuries, 11-12, 79-95, 136-147, 161-162
of sixteenth century, 6-8, 147-173, 213-230, 301-310
of eighteenth century, 34, 183-184, 406
part played by capitalist farmers in, 200-202, 213-266
part played by peasants in, 136-173
reaction of on peasantry, 7-8, 231-280
resistance of peasants to, 302-304, 317-340
_See also_ Agriculture, Enclosure, Land, Pasture
Agreements to enclose, 151-153, 156-158, 180-182