CHAPTER IV.

EXTENT OF EXISTING COMMON FIELDS.

A “Return of the Acreage of Waste Lands subject to Rights of Common and

of Common Field Lands in each Parish of England and Wales, in which

the Tithes have been commuted under the Tithe Commutation Acts, so far

as the same can be ascertained from the Maps, Agreements, Awards, and

Apportionments relating to the Commutation of Tithes in the custody

of the Tithe Commissioners for England and Wales, deducting any lands

inclosed under the General Enclosure Acts since the Commutation; also

the estimated Total Acreage of such lands in the remaining Parishes

of each county,” dated 27th November, 1873, ordered by the House

of Commons to be printed, April 13th, 1874, gives us the following

results:--

┌───────────────────┬─────────────────┬────────────────┬───────────────┐

│ │ Number of │ │ Estimated │

│ County. │ Parishes stated │ Area of such │ Area of other │

│ │ to have Common │ Common Fields. │ Common Fields │

│ │ Fields. │ │ in the County.│

├───────────────────┼─────────────────┼────────────────┼───────────────┤

│ │ │ │ │

│ ENGLAND. │ │ │ │

│ │ │ │ │

│ Bedford │ 9 │ 7,056 │ 12,925 │

│ Berkshire │ 21 │ 13,227 │ 2,705 │

│ Buckingham │ 16 │ 2,315 │ 2,365 │

│ Cambridge │ 9 │ 4,798 │ 2,678 │

│ Cheshire │ 16 │ 599 │ 116 │

│ Cornwall │ 16 │ 895 │ 6 │

│ Cumberland │ 22 │ 1,177 │ 868 │

│ Derby │ 11 │ 1,119 │ 638 │

│ Devon │ 15 │ 1,125 │ 32 │

│ Dorset │ 29 │ 6,793 │ 810 │

│ Durham │ 6 │ 1,936 │ 171 │

│ Essex │ 48 │ 4,614 │ 295 │

│ Gloucester │ 33 │ 4,327 │ 2,986 │

│ Hereford │ 32 │ 2,309 │ 189 │

│ Hertford │ 39 │ 9,311 │ 1,785 │

│ Huntingdon │ 4 │ 1,336 │ 2,336 │

│ Kent │ 21 │ 4,183 │ 126 │

│ Lancashire │ 22 │ 2,125 │ 1,173 │

│ Leicester │ 3 │ 42 │ 93 │

│ Lincoln │ 24 │ 6,258 │ 10,823 │

│ Middlesex │ 6 │ 697 │ 870 │

│ Monmouth │ 2 │ 64 │ 3 │

│ Norfolk │ 52 │ 3,560 │ 394 │

│ Northampton │ 3 │ 4,103 │ 13,446 │

│ Northumberland │ 1 │ 44 │ 7 │

│ Nottingham │ 14 │ 4,282 │ 6,617 │

│ Oxford │ 12 │ 4,120 │ 4,839 │

│ Rutland │ 6 │ 3,930 │ 5,726 │

│ Shropshire │ 12 │ 485 │ 40 │

│ Somerset │ 77 │ 7,794 │ 728 │

│ Southampton │ 25 │ 5,725 │ 663 │

│ Stafford │ 26 │ 1,138 │ 402 │

│ Suffolk │ 34 │ 2,395 │ 184 │

│ Surrey │ 19 │ 3,732 │ 277 │

│ Sussex │ 22 │ 2,969 │ 122 │

│ Warwick │ 5 │ 1,232 │ 1,208 │

│ Westmoreland │ 8 │ 425 │ 359 │

│ Wiltshire │ 44 │ 18,167 │ 4,503 │

│ Worcester │ 20 │ 3,092 │ 1,161 │

│ York, City and │ │ │ │

│ Ainsty │ 4 │ 187 │ 372 │

│ York, East Riding │ 14 │ 4,046 │ 7,359 │

│ York, North Riding│ 7 │ 547 │ 240 │

│ York, West Riding │ 44 │ 6,488 │ 4,361 │

│ │ │ │ │

│ WALES. │ │ │ │

│ │ │ │ │

│ Anglesey │ 2 │ 414 │ 33 │

│ Brecon │ 2 │ 1,549 │ 5 │

│ Cardigan │ 4 │ 372 │ 0 │

│ Carmarthen │ 8 │ 489 │ 38 │

│ Carnarvon │ 1 │ 100 │ 7 │

│ Denbigh │ 4 │ 278 │ 18 │

│ Flint │ 5 │ 297 │ 4 │

│ Glamorgan │ 10 │ 783 │ 40 │

│ Merioneth │ 2 │ 110 │ 8 │

│ Montgomery │ 3 │ 1,885 │ 24 │

│ Pembroke │ 8 │ 642 │ 18 │

│ Radnor │ 3 │ 6,167 │ 158 │

└───────────────────┴─────────────────┴────────────────┴───────────────┘

TOTALS.

┌─────────┬─────────────────┬────────────────┬───────────────┬─────────┐

│ │ Number of │ │ Estimated │ │

│ │ Parishes stated │ Area of such │ Area of │ │

│ │ to have Common │ Common Fields. │ other Common │ │

│ │ Fields. │ │ Fields. │ │

├─────────┼─────────────────┼────────────────┼───────────────┼─────────┤

│ │ │ │ │ │

│ England │ 853 │ 153,867 │ 97,001 │ 250,868 │

│ Wales │ 52 │ 13,086 │ 353 │ 13,439 │

│ │ │ │ │ │

├─────────┼─────────────────┼────────────────┼───────────────┼─────────┤

│ │ 905 │ 166,953 │ 97,354 │ 264,307 │

└─────────┴─────────────────┴────────────────┴───────────────┴─────────┘

We have therefore the assurance of the Copyhold, Inclosure and Tithe

Commission that in the year 1873 common fields existed in 905 parishes

of England and Wales, of a total area of 166,953 acres, and that there

was reasonable ground for inferring the existence of 97,354 acres of

common field land, scattered presumably over some four or five hundred

more parishes; in other words, that about one parish in every ten in

England and Wales presented an example of the medieval system of land

holding and cultivation similar, though as a rule on a smaller scale,

to the survivals described above.

The statement is amazing, and would be received with incredulity by

anyone familiar with the rural districts of any county of England, so

far as it relates to that county. The Commission invites our suspicion

of its statistics. The main purpose of the return was to give the

acreage of surviving commons; these are estimated at 2,368,465 acres.

As late as 1871, however, the Commission had declared, on the basis

of an estimate made in 1843, that 8,000,000 acres of commons still

existed, and 1,000,000 acres of common field or meadow. A little

scrutiny of some details confirms one’s suspicions.

Thus, to take a single county, Kent has from the early days of the

enclosure controversy been famous as a well enclosed county. The author

of the “Discourse of the Common weal of this Realm of England” mentions

“those countries that be most inclosed, as essex, kent, devenshire”

(1549). Skipping two and a-half centuries, we find the reporter of the

Board of Agriculture in 1793 declaring that such a thing as a common

field did not exist in Kent.[8] We are confirmed in our acceptance of

this statement by finding that there have been no enclosures in Kent

of common fields by Act of Parliament, either before 1793 or since.

Yet the return gives Kent twenty-one parishes having common fields of

an ascertained area of about 4183 acres. It therefore is necessary to

criticise the methods by which the figures in the return were arrived

at.

[8] Boys’ “Kent,” 2nd edition, 8vo. (1786), p. 53.

They are based on the tithe maps, the Commissioners remarking that “the

common field lands are generally distinguishable by the particular

manner in which they are marked on the Tithe maps, and their area has

been estimated from those maps.” The Tithe Commission was appointed in

1836 (6 & 7 Will. IV. c. 71), and the tithe maps and apportionments

were made mostly before 1850; we are told “the total area embraced

by the Tithe Documents is 28,195,903 acres. The total area of the

remaining parishes is 8,961,270 acres.”

In order, therefore, for the Commission to have obtained a correct

result, it was necessary--

(_a_) that the common field lands should have been _rightly_

distinguished from other lands;

(_b_) that their area should have been _rightly_ estimated;

(_c_) that due allowance should have been made for enclosures between

the date of the tithe apportionment and the date of the return;

(_d_) that the area of common field in the parishes for which there are

no tithe maps should have been estimated on correct principles.

Not one of these conditions was satisfied.

(_d_) Taking these in reverse order, it is assumed in calculating the

area of common fields in parishes that have no tithe maps, that they

have the same ratio of common field to other land as those which have

tithe maps. This principle is entirely wrong for two reasons: (1)

because Private Enclosure Acts usually arranged for tithe commutation,

so that parishes enclosed by such Acts before 1830 are ordinarily

among those without tithe maps--and equally among those without common

fields; and (2) the existence of unenclosed common fields would be a

reason for demanding a commutation of tithe. The importance of this

may be shown by taking Bedfordshire as a test case. For sixty-eight

Bedfordshire parishes there are no tithe maps, and the Commission

estimates that these sixty-eight parishes have 12,925 acres of common

fields. But sixty-six out of these sixty-eight parishes were enclosed

by Private Acts, leaving two parishes only, of a combined area of 3578

acres, in which a survival of common field might reasonably be deemed

possible, though even in these extremely improbable. Instead of 12,925

acres of common field for this part of the county, the only reasonable

estimate would be 0.

Similar statements might be made with regard to any other county which

was mainly enclosed by Act of Parliament, as Northampton, to which

13,446 acres of common field are attributed to the non-tithe map

parishes; Lincoln, to which 10,823 acres are similarly attributed;

Berkshire, with 2705 acres; Buckingham, with 2365 acres; Cambridge,

with 2678 acres; Huntingdon, with 2336 acres; Nottingham, with 6617

acres; Oxford, with 4839 acres; Rutland, with 5726 acres, and the East

Riding of Yorkshire, with 7359 acres. For this cause alone by far the

greater part of the 97,354 acres added on to the total estimated from

tithe maps must be rejected, and of course any error of over-statement

that we find with regard to parishes which have tithe maps will still

further reduce the remainder.

(_c_) Due allowance has not been made for enclosure between the date

of the tithe apportionment and the date of the return. It is of

course very difficult to say how this could have been done without an

elaborate and expensive local enquiry, so far as relates to enclosure

without Parliamentary authority. As a matter of fact, no allowance at

all has been made for this sort of enclosure. This is justifiable;

but at least a general statement should have been made to the effect

that a very large deduction had to be made on this account in order to

obtain a correct idea of the position. Further, great carelessness was

shown even in allowing for Parliamentary enclosures subsequent to the

tithe apportionment. Thus, to take one glaring instance, 1500 acres of

common field are credited to Beddington and Wallington, near Croydon,

in Surrey. These common fields were enclosed by an Act dated 1850, and

the award, dated 1853, was at the time of the return deposited with the

Copyhold, Inclosure, and Tithe Commission.

(_a_) and (_b_) But it is in distinguishing the common fields and in

estimating their area from the tithe maps that the worst mistakes have

been made. The Commission says that “the common fields are generally

distinguishable by the particular manner in which they are marked on

the tithe maps.” From a comparison of a good many tithe maps with the

figures given in the return, I infer that those to whom the duty of

distinguishing the common fields was entrusted, were told that areas

divided into sub-divisions on the maps by means of dotted lines were

common fields. These dotted lines indicate a division of ownership

marked by some slight boundary and not by a hedge. They might indicate

allotments, for example, or a number of other local circumstances,

besides common fields. The statements that 4183 acres of common field

were to be found in Kent, and 13,439 acres in Wales, being specially

in direct contradiction of all other evidence that I had collected, I

tested these by two instances. In Kent 1400 acres were assigned to the

parish of Northbourne. By a close examination of the tithe map I could

find nothing indicating any common field at all; the only excuse for

the statement was a few dotted lines, which by a reference to the Award

were proved to indicate only that some fields were inadequately hedged.

For Wales, I got out the map and award for Llanerlyl, in Montgomery,

credited with 1675 acres of common field. Here there was something to

be found on the map looking exactly like common field, but the Award

showed that these dotted strips of land were “turbaries.”

We have seen that the open field parish in its perfection, as Castor

and Ailesworth before enclosure, possessed common arable fields,

common meadows, common pasture, and frequently commonable waste, like

Ailesworth Heath. Where the parish as a whole becomes enclosed without

an Act of Parliament, particularly if the enclosure is gradual, the

waste frequently remains common. Thus we have the numerous commons

of Kent, Surrey, and other counties. Less frequently, but still in a

considerable number of cases, the common meadows remain open commonable

and unenclosed. Port Meadow at Oxford is a familiar instance. These

common meadows are included in the return under consideration among

the common fields. Thus, for instance, the surprise with which one

receives the information that Tottenham, in 1873, had 300 acres of

common fields, disappears when it is perceived that the marshes along

the River Lea are meant.

It will also be noticed later on that in parishes where the common

field system has disappeared for generations, there are frequently

still remaining in the midst of enclosed fields strips of land of

different ownership from the rest of the field, but let to the same

farmer, and without any visible demarcation. Such fields in Wales and

the north-west of England are called “quilleted fields.” The tithe

map records, with its dotted lines, the area and position of the

“quillets.” Such fields are included under “common fields” in this

return.

In at least the great majority of cases where the supposed common

fields are small, it is probable that nothing more notable than

quilleted fields existed at the time the tithe map was made; and even

this survival would, in most cases, have disappeared since. Out of the

905 alleged cases of common fields, in 670 cases the areas given are

under 100 acres.

In fine, this return of commons and common fields, which gives such

a fair promise of numerous surviving common fields, in reality gives

little assistance, because there is but the remotest probability in

any particular case that those common fields exist. The probability

is sufficient in some cases to encourage one to make local enquiries,

but these enquiries nearly always end in disappointment. The following

cases in which common arable fields theoretically survive, are chiefly

interesting as illustrating the phenomena of the decay of the common

field system in villages where it has not died a sudden death through

enclosure. I omit the case of Hitchin, made famous by Mr. F. Seebohm.

CLOTHALL (HERTS).

Clothall is a parish lying on the north slope of the chalk hills of

Hertfordshire, just off the Great North Road, which passes through

the adjoining parish of Baldock. Approaching it from the south, one

gradually ascends the long slope from Hertford, and suddenly at the

summit has before one a far-stretching view over the flat country of

Bedfordshire and adjoining counties. The road descends steeply and

passes through the Clothall common fields. At the time of my visit the

harvest (of barley) was being gathered in; the arrangement of the field

was clearly visible. The long, narrow strips of stubble, never quite

straight, and never quite of uniform width, were divided by “balks” of

grass, grown tall and gone to seed. Each balk was reduced to as narrow

dimensions as it could be, without endangering its continued existence,

for the sake of separating one strip from another. A view of this field

is shown in Mr. Seebohm’s “English Village Community.”

But there is in Clothall the husk only, and no surviving kernel of the

English village community. The whole of the field, estimated at about

600 acres, is let to a single farmer, who cultivates it on modern

principles, but who is bound to preserve the balks. There are but three

owners of land in the field. Fifty-six acres are glebe, the remainder

belongs in alternate strips to the lord of the manor (the Marquis of

Salisbury) and to a gentleman to whom possession passed by marriage,

from a family which had been engaged in brewing. The land is famous

for barley, and the owner of a local brewery in the early or middle

part of the nineteenth century gradually bought up nearly all the land

in the common field that did not belong to the lord of the manor.

Application was made in 1885 to the Board of Agriculture for enclosure,

the manorial authorities and the vicar both desiring it, but the other

owner objected.

It is interesting to find that the villagers still hold to the

tradition that they have rights of common upon the balks, a tradition

which is probably well founded. But they dare not attempt to exercise

those rights. An enclosure here, accompanied by the provision of ground

for allotments and recreation, would be a boon for the villagers; and

it would probably pay the landowners to get rid of those balks, which

are as great a nuisance agriculturally as they are interesting from an

antiquarian point of view.

The counties of Hertford and Bedford have been, in recent years,

particularly rich in survivals of common field, for the enclosure of

Totternhoe (p. 63) was only completed in 1891; Yelden had a common

field of about 600 acres up till about the year 1881, when the chief

proprietor, by buying out or compensating all the other proprietors or

owners of common rights, obtained exclusive ownership of the unenclosed

land; and at Studham and Renhold similar voluntary enclosures were

carried out under the pressure of the chief landowners within the

memory of old inhabitants. Fragments of commonable pasture in three

different parts of Renhold parish, and a common of about 60 acres in

Studham, remain as memorials.

BYGRAVE AND WALLINGTON.

Beneath the long sloping hillside of Clothall lies the little town of

Baldock, adjoining Letchworth and the “Garden City”; and on the other

side of Baldock is the parish of Bygrave; which is, like Clothall,

still unenclosed, and for the same reason; the Marquis of Salisbury

being here again the lord of the manor, and the other Clothall

proprietor the next largest landowner. But in Bygrave the farms, as

well as the properties, are very much intermixed. Here and there there

are grassy balks between adjacent properties; and in places the growth

of bushes on these has almost made them into hedges, but as a rule

there is no boundary between strips belonging to different holdings and

different properties. A road through the open fields at one point cuts

off the end of a strip of land belonging to Lord Salisbury from the

rest of that strip; it forms a triangular plot too small to repay the

trouble of bringing the plough across the road to plough it; and the

men who hold the adjoining land revere the rights of property too much

to touch it; it therefore remains a refuge for all manner of weeds.

As in Clothall, no common rights are exercised over the common fields

of Bygrave by the poor of the parish, nor could I hear of any tradition

of rights belonging to the poor or to cottagers. But the different

occupiers of land in the common fields have, and exercise, the right of

shackage, _i.e._, of grazing cattle after harvest, over one another’s

holdings. And the lord of the manor has a special right of “sheep-walk”

over the whole, for a month, from the first week in May and October.

This right is let with one of the farms. It is not actually exercised,

because the other occupiers of lands in the open field buy exemption.

The hamlet of Luffenhall, also near Clothall, has “shack lands” held

under similar conditions.

The next parish to Clothall on the east, Wallington, is also

unenclosed. It has a small common on which cottagers have the right

to keep a cow and a calf, but so far as the rest of the parish is

concerned, the only surviving feature of the externals of the common

field system is the wide, breezy stretch of open land, under wheat,

roots and grass; and of the spirit of the “village community” there is

nothing. There are but two farms; the wages paid are only 10_s._ to

12_s._ per week. Such wages, so near London, naturally fail to keep

the labourers in the village; and the population is now (1903) less

than 100, though the church has seats for 260. As the men go, more and

more land is laid down in grass, and machinery is more and more used;

the absence of hedges of course facilitates the use of certain kinds of

agricultural machinery. The unenclosed parish of Wallington, in fact,

represents in an extreme degree the triumph of all those tendencies

against which the opponents of enclosure waged war--great farms,

absolute dependence of the labourer, low wages, rural depopulation.

SUTTON (NORTHAMPTONSHIRE).

The parish of Castor, or Caister, includes, besides the hamlets of

Castor and Ailesworth, the enclosure of which has been described,

the townships of Sutton and Upton. Sutton had not at the time of the

enclosure of Castor and Ailesworth been legally enclosed, and the

parish is described from the tithe map as consisting of 450 acres of

common field and 150 acres of common, out of a total of 888 acres.

The vicar, who had bought nearly all the land in the parish, and also

the manorial rights, in 1899 applied for an Act of Enclosure, which

he obtained in 1901. There were in Sutton certain lands belonging to

the township, intermixed with those in private ownership. The rents

of these were paid with the poor rates. Up till 1880 the two farmers

who between them occupied nearly the whole of the cultivated land,

used to confer every year and agree upon their course of tillage.

They were then persuaded by the vicar to disentangle their farms, and

cultivate them in the ordinary way. At that time there ceased to be in

Sutton any visible sign of any exceptional features in the system of

landownership. The lands belonging to the township are recorded in the

tithe map, and their measurement in the tithe award, but no balks to

mark them are preserved.

I am indebted to the vicar of Sutton for the following illustration of

the possible evils of the common field system. It occurred in a parish

where he had formerly been resident, which he did not name.

In this parish two adjacent strips of land were occupied respectively

by a farmer and a shoemaker. The farmer, who was a careful and diligent

cultivator, having well manured and laboured his strip, sowed it with

wheat, and as harvest approached saw the prospect of an exceptionally

good crop. The shoemaker left his strip entirely untouched. But when

the farmer was about to begin to reap, the shoemaker intervened, and

claimed that the strip which was cultivated was his, and the untilled

strip belonged to the farmer. The field jury was summoned, and the

extreme positiveness and assurance of the shoemaker carried the

day, and the shoemaker reaped the wheat. The farmer then begged his

successful adversary for some compensation for his lost labour and

expense, but was told that he might consider himself lucky not to be

prosecuted for trespass. The farmer then proceeded to make the best of

his bad bargain, and set to work to plough up the weeds and thistles

that covered the strip of land awarded him. But as he ploughed he

continually turned up pieces of leather, corners wasted in cutting

out “uppers,” and other refuse of a shoemaker’s workshop. These he

collected and brought before the field jury. The previous decision was

then reversed and the shoemaker was compelled to make restitution to

the man he had wronged.

ELMSTONE HARDWICKE (GLOUCESTER).

Elmstone Hardwicke is an extremely interesting example of the common

field system in a state of natural decay. Very nearly the whole

parish belongs to the Ecclesiastical Commissioners, but the holdings

are intermixed and in small parcels, over a large part, perhaps 1000

acres, of the parish, the farms having been granted on leases of three

lives. The farmers would be glad to consolidate their holdings and

enclose, but the Ecclesiastical Commissioners effectually discourage

this, as I was told, by exorbitant demands for increase of rent. On the

other hand, I was informed that the Commissioners themselves desired

to enclose, but did not care for the expense of proceeding by Act of

Parliament, and they were endeavouring to obtain their object by

refusing to “re-life,” in order that the leases might fall in, and be

converted into leases for short terms that might be made to terminate

simultaneously. Thus an old farmer who had a lease of 60 acres in

100 different parcels scattered over the common fields, informed me

of the negotiations that had been entered into with him. He was by

no means disposed to readily part with his lease, as he had two good

lives remaining, both being his nephews, one aged 40 and the other 50.

“They’ll both mak’ ’ighty,” he said, that being his own age, though he

looked a score of years younger.

This one farmer still (in 1899) followed what had been the customary

course of cultivation for the parish--a four years course of wheat,

beans, wheat, fallow; this being a modification of a still earlier

course of wheat, beans, barley, fallow, the soil being more suitable

to wheat than to barley. The other farmers followed no fixed rule,

each one cultivating his farm as he chose, subject, however, to the

right that was still recognised and exercised, that each occupier could

turn horses, cattle and sheep on to the common fields after harvest

until the first of November. In consequence of the abandonment of the

traditional course of cultivation the common use of the fallow-field

has been dropped by general consent, for the last forty or fifty years.

The institution of the field jury has also disappeared; though the

above-mentioned old farmer still posts the notices declaring the fields

open or closed, and so may be said to fill the post of “foreman of the

fields,” he does so by right of inheritance rather than of election, in

succession to his father.

Various controversies have arisen recently in Elmstone Hardwicke with

regard to the rights of various persons interested. I have referred

above to the case of the farmer who, in the spring of 1899, occupying

a “headland” in the common fields on which various strips belonging to

his neighbours abutted, instead of following the customary practice

and waiting to plough till the last, ploughed his headland before

the abutting lands were ploughed, and then sued for damages when his

neighbours turned their ploughs on his land.

Another farmer who occupied a very small holding in Elmstone

Hardwicke, and a much larger holding in an adjoining parish, made a

practice of turning great numbers of sheep on the Elmstone Hardwicke

common fields in the open time, which he was able to keep in the

close time on his other land. The question arose whether this unfair

procedure was lawful. The coming into force of the Parish Councils Act

of 1894 also had the effect of suggesting enquiries into the claims of

labourers to share in common-right privileges.

The vicar, the Rev. George Bayfield Roberts, accordingly obtained the

opinion of Sir Walter Phillimore on the subject. It was as follows:--

“As far as I can gather from the facts laid before me, I think that

every freeholder and copyholder has a right to turn cattle upon every

part of the common field, and that the right is not confined to the

particular field or part of the common field in which he holds land.

“This right passes to the tenant or occupier under each freeholder or

copyholder. The tenant, or occupier, has it, not in his own right but

merely as claiming under his landlord.

“I know of no rule of law which would give this right to farmers as

such, and deny it to cottagers as such, if the latter have holdings on

which they can keep their beasts during close time. But the right to

turn on to Lammas lands (as this common field is) can only be exercised

in respect of beasts used in the cultivation or manuring of the holding

in respect of which the claim is made (_Baylis_ v. _Tyssen-Amhurst_,

Law Reports 6 Ch. D. p. 500).

“As the cottagers are said to be tenants of the farmers, the latter

can make it clear in all future lettings that they do not let with the

cottages the right to pasture in the common field.

“(2) The tenant of the Barn farm should keep his land unenclosed during

open time, and anyone who has a right to turn on cattle can sue him

if he obstructs (_Stoneham_ v. _London and Brighton Railway Co._,

Law Reports 7 Q. B. p. 1), or can pull down the fencing (_Arlett_ v.

_Ellis_, 7 B. & C. p. 346).

“(2a). I do not think it would be wise to pull down a whole fence,

or sue for the damage caused by the fence, if substantial and easy

openings were made during open time. But there is some authority for

saying that the whole fence must be removed (_Arlett_ v. _Ellis_, cited

above).

“(3) The only _locus standi_ for the Parish Meeting is, if it has been

given by the County Council all the powers of a Parish Council under

section 19, sub-section 10, of the Local Government Act, 1894 (56 & 57

Vict. c. 73), to apply to the Board of Agriculture under section 9 of

the Commons Act, 1876 (39 & 40 Vict. c. 56).

“This power is given to Parish Councils by section 8, sub-section c, of

the Local Government Act, 1894.

“Section 9 of the Commons Act, 1876, enables the Inclosure

Commissioners (whose place is now taken by the Board of Agriculture)

to give information and direction ‘upon application’ in order to bring

about ‘the regulation of Commons’; and for this purpose Lammas lands

are included as Commons, as they also came under the Inclosure Acts.

“By section 3 a Provisional Order made by the Board for ‘regulation’

may provide for the ‘adjustment of rights,’ and section 4 shows how

much can be done upon such an adjustment.”

This opinion was given in March, 1897. The very significant passage

which pointed out that since the cottagers held their cottages from the

farmers, they could not effectively claim any rights which the farmers

did not choose to grant them, threw cold water on the agitation.

Elmstone Hardwicke is apparently another case in which something would

be gained and nothing lost by an Act of Enclosure.

EWELME (OXFORDSHIRE).

Rather more than half this parish, near Wallingford, is legally in the

condition of open common fields, and there is besides a very extensive

“cow-common” on which is a golf course. The neighbouring parishes of

Bensington[9] and Berwick Salome had until 1852 common fields which

were in part intermixed with those of Ewelme, and there were commons

commonable to all three parishes. In 1852 an Act was passed which was

carried into effect in 1863 for the enclosure of Bensington and Berwick

Salome, and the parts of Ewelme which were intermixed with these.

Ewelme is owned by a number of small proprietors who chiefly farm their

own land. These made a voluntary division,[10] but they still enjoy

certain rights of common and of shooting over one another’s land. No

labourers enjoy rights of common.

[9] The Vicar of Bensington has the custody of a remarkable eighteenth

century map of the three intermixed parishes.

[10] Exchanges of land in common fields so as to enable proprietors to

consolidate their properties are authorised by 4 & 5 Will. IV. c. 30.

There are two significant facts about this parish.

In the first place, one particular farm enjoys a special right of

pasturing sheep on the cow-common, not shared by other farms. This

is significant when taken into consideration with the facts for

Cambridgeshire and elsewhere related below.

Secondly, this gives a typical instance of the effect of enclosure of

_commonable waste_ on the poor. One of the commons enclosed was known

as the “Furze Common,” and it supplied the poor of the neighbourhood

with their fuel, for _every_ inhabitant had the right of cutting furze

on it. After enclosure the Furze Common was allotted to one man, who

allowed no trespass on it, and the _owners_ of cottages were awarded

allotments of land in consideration of rights which the _cottagers_

had exercised. The lands so allotted became part of ordinary farms,

and the poor simply lost their supply of fuel without any compensation

whatever. This was done under the sanction, not of an Enclosure

Act rushed through Parliament before 1845, but of the Enclosure

Commissioners, appointed expressly to prevent any injury to the class

least able to guard its own interests, as well as to facilitate

enclosure.

The English Peasantry and the Enclosure of Common Fields · 第 4 / 19 章