Abbeys,seeMonasteriesAct of Parliament, Enclosure by in 18th century,183–184Acts of Parliament—Statute of Merton, 1235,87,180,248,371–37215 Hen. VI. c. 2, sanctioning export of corn,113,19723 Hen. VI. c. 5, sanctioning export of corn,113,1973 Ed. IV. c. 2, restricting import of corn,113,1974 Hen. VII. c. 14, against depopulation,11,3536 Hen. VIII. c. 5, against depopulation,3537 Hen. VIII. c. 1, against depopulation,35325 Hen. VIII. c. 13, against depopulation,35427 Hen. VIII. c. 25, for relieving impotent beggars,2691 Ed. VI. c. 2, legalising enslavement of vagabonds,44,2692 and 3 Ed. VI. c. 12, giving good titles to Duke of Somerset’s tenants,294,3653 and 4 Ed. VI. c. 3, re-enacting Statute of Merton with amendments,371–3725 and 6 Ed. VI. c. 5, against depopulation,3542 and 3 Phil, and M. c. 2, against depopulation,3545 Eliz. c. 2, Statute of Artificers,23,45,100,35314 Eliz. c. 5, directing compulsory assessment for relief of poor,26918 Eliz. c. 3, directing provision of materials for setting unemployed to work,26931 Eliz. c. 7, requiring cottages to be let with 4 acres of land attached,277,35435 Eliz. c. 7, against depopulation, but repeating clauses in previous Acts forbidding conversion to pasture,35439 Eliz. c. 1, against depopulation,354–35539 Eliz. c. 2, against depopulation,354–3554 Jac. I. c. 11, for enclosure of certain parishes in Herefordshire,39521 Jac. I. c. 28, continuing certain Acts and repealing others,355Action of trespass—copyholders' remedy by,289freeholders' remedy by,248Administration—of land by peasants,102,159–161,244–246.See alsoAgriculture, Commons, Communism of Acts against Depopulation—of Acts against Depopulation—difficulty of,377–386irregularity of,391–393occasional effectiveness of,386–387,390–392opposition of landlords to,367–368,370,397–398petition of rebels for,335,337Administrative Courts,seeCouncil, CourtsAdministrative interference—with economic matters,355–357with enclosures—under Henry VII.,359–360" Henry VIII.,360–362" Edward VI.,362–372" Elizabeth,372–374" James I.,374–375" Charles I.,376–377final cessation of,397–400Admission fines,seeFinesAgrarian changes, the—causes of,6–7,12–13,185–200contemporary accounts of,6–8general effect of,403–404localities most affected by,153–154,182,262,405of fourteenth and fifteenth centuries,11–12,11–12,136–147,161–162of sixteenth century,6–8,147–173,213–230,301–310of eighteenth century,34,183–184,406part played by capitalist farmers in,200–202,213–266part played by peasants in,136–173reaction of on peasantry,7–8,231–280resistance of peasants to,302–304,317–340See alsoAgriculture, Enclosure, Land, PastureAgreements to enclose,151–153,156–158,180–182Agriculture—capitalist,6–7,200–204,210–230cattle, importance of to,113–115,239–242changes in methods of,seeAgrarian changescommercial development, effect of on,185–188,195–197common rights, importance of to,238–242communal elements in,128–131,159–161,205–207,243–246corn growing, part played by in,105–112corn laws, effect of on,112–113,197custom, effect of on,75–78,124–131,292–301enclosure by peasants, effect of on,152–153,158,169–173enclosure by manorial authorities, effect of on,216–223farmer of demesne, part played by in,201–204,210–230for market,214–216for subsistence,111–112improvements in,110–111,170–172markets, effect of on,196–197,214–215mediæval, not incompatible with change,75–97,172,404–405methods of—in Cornwall,262,405" Devonshire,167,262,405" Essex,167,262,405" Kent,167,262,405" Lancashire,63,65" Midlands,65,167,192" Norfolk,63,65,405" Northumberland,63,65,189–192" Suffolk,63,262" Somerset,110–111,171,262,405" Staffordshire,63,65" Wiltshire,63,65,212on demesne farms,200–230" monastic estates,382–383" peasants' holdings,105–115open field system of,seeOpen field systempasture farming instead of,seePasturerise in prices, effects of on,197–200,304–310social importance of,341–347speculation, effects of on,381–383views as to, of Clarkson,5,189–190" " Fitzherbert,5,109,112,117–118,150,151–152,242" " Norden,5,108,110–111,118,150,151,171,308woollen industry, effects of on,6,195–197Alien,seeImmigrationAlienation of land, effect of free,86,138–139fines on,127See alsoSpeculationApprenticeship, effect of on marriage,104–106Arable land—backbone of peasants' livelihood,105–108common rights, necessary for cultivation of,239–242conversion of to pasture,223–230,232–233,258corn yielded by acre of,110–111enclosure of for better cultivation by large farmers,10,221–224enclosure of for better cultivation by peasants,151–153,162–164estimated number of persons maintained by holding of,261proportion of to pasture and meadow in Staffordshire,392–393proportion of to pasture and meadow on demesne farms,225–228proportion of to pasture and meadow on peasants' holdings,107reconversion of pasture to—Acts for,353–355by Royal Commissions,359–360,366–367,374–375" Council,360–361" Justices of Assize,376" Justices of Peace,386,418–420" landlords,390–391Aristocracy—acquisition of monastic estates by some of the,380–384attack of on Somerset’s land policy,367–368,370–372contrast between mediæval and that of sixteenth century,191–194growth of commerce, effect of, on the,187–188,191–194Harrington’s account of social changes in the,38,191landholding peasants not an,100–102part played by in Pilgrimage of Grace,322–324relations of to tenants in North and South contrasted,188–191Tudor policy, effect of on powers of the,188–195unpopularity of administrative Courts with the.397–400See alsoIndex of Persons, Bath, Brudenell, Darcy, Derby, Englefield, Harrington, Herbert, St. John, Shrewsbury, Saye and Sele, Somerset, Warwick, Willoughby, Wolsey, Yorke, Leicester, Northumberland.Assessment—of subsidies,169,344–347" enclosed land,169" wages,23,100,308Assize—Justices of, disputes as to land referred to by Council,373,375–376" " punishment of depopulating landlords by,375–376,419–420rents of,118Assize of Novel Disseisin—establishment of by Henry II.,122remedy of freeholders by,248Authorities—manorial,seeManorial authorities, theAuthority—part played by in organisation of manor,92,128–129tendency of to stereotype manorial arrangements,75–78,92–93Bailiffs,82,123,209Barton land, division of among peasants,95Beasts—importance of for plough,240–242number of kept by peasants,113Black Death,seeGreat PlagueBodger, the,349Bondage,seeVilleinageBondman,seeVilleinageBord land,95Border—agrarian conservatism on,63–66,188–191copyholders on,188–191military importance of numerous tenantry on,188–191substitution of leases for copies on,301–304Border tenure—Coke’s remarks upon,299Customs involved in,299decision of Courts as to,299discussion by Long Parliament as to,191effect of Union of Crowns on,190–191service with horse and harness, an incident of,190Boundaries—importance of to commoners,241uncertainty of,235–236Bovate,seeVirgateCanon Law, the, as to usury,307Capital—accumulation of by peasants,82–83,118dealings in on money market,186investments of in farm stock,6,113–115,170–172,220" " " joint-stock companies,186" " " land,7Capitalists—appearance of among peasants,71,81–84,136–139farming on a large scale by,6–7,200–204,210–230loans by,108–110purchase of land by small,78–95results of growth of small,95–97,136–139signs of appearance of large,215See alsoDemesne land, Farmers, Enclosure, PastureCatholic—conspiracy, supposed complicity of peasants in,329" fear of, reason for popular agrarian policy,340–341landlords, special measures suggested for,341revolts, parties in,318–319,323–324Cattle,seeAgriculture, Beasts, Common LandChancery,seeCourtChevage,53Childwite, still paid in seventeenth century,54Classes of landholders, see PeasantsCollective bargain by peasants with lord,130,295Combinations—among peasants,131,330–331to reduce rents and prices, and to break down enclosures, illegal,371Commerce—attention given by Tudor governments to,185–186,197backwardness of in North,190effect of in breaking down equality of peasants' holdings,66,84–85engaged in by aristocracy,187–188expansion of in fifteenth and sixteenth centuries,185–186,196influence of on social conditions and land tenure,187–188,196–197Commission of sewers,395Commissions, Royal—activity of Hales in connection with,167,366–368,371" " Laud in connection with,399,420–421" " Somerset in connection with,362–370anger of landlords at,367–368,370appointment of on enclosure and depopulation in 1517,261,359" " " " 1548,261,366" " " " 1566,261" " " " 1607,261,375" " " " 1632,261,376" " " " 1635,261,376" " " " 1636,261,376causes of appointment of,358counties visited by,366disappointment of peasants with,319,366effects of in checking depopulation,391–393,419–420evidence before, how collected,263,366–367" " interpretation of,263–265fines imposed by,391,419–420fiscal motives for, under Charles I.,391statistics derived from, as to average area of enclosures,154–155" " " " acreage enclosed, value of,262–265" " " " population displaced, value of,262–265Commons—grant made by Lords to the,335“information and petition against the oppressors of the poor commons,” 366proclamation of the,323–324prosperous condition of,132–135Commons, House of,seeParliamentCommon field system,seeOpen field systemCommon Land—administration of, by Manorial Courts,159–162,244–246" " at Burnham,245" " " Southampton,245–246" " " Wootton Basset,251–252beasts kept on by peasants,113–114colonising of by evicted tenants,277–279demands of Norfolk rebels as to,335–336division of by peasants,157enclosure of by peasants,157,169–170" " manorial authorities,219–221" " Johnson on unimportance of,9importance of, reasons for,239–242" " Clarkson on,189" " Fitzherbert on,242" " Hales on,4,239–240" " Hamberstone on,240,241improvement of by capitalists,394–395monopolising of by large farmer,220–221,242–243overstocking of,170–172,242–243sale of at Burnham,245stinting of,160,241view taken in seventeenth century as to,394–396See alsoCommon, Bights of, Meadow land, Pasture, WasteCommon Law—complaints of landlords as to interference of government with,397–398complaints of Long Parliament as to interference of government with,399doctrine of as to Rights of Common,246–250ineffective remedy offered to customary tenants by,358,400protection of copyholders by,289,291,296tenants at will at,289Common meadow,seeMeadow landCommon pastures,seePastureCommon waste,seeWasteCommon, rights of—Bracton on,247Coke on,248communal element in,244–246compensation for loss of,243copyholders' remedy for loss of,248–249,287–301cottagers' claim to,247difficulty of poor in enforcing,252–253dispute as to at Coventry,250–251" " " Wootton Basset,251–253Fitzherbert on,249freeholders' remedy for loss of,248–249legal theory as to common appendant,247" " " " appurtenant,247" " " " in gross,247" " " " par cause de vicinage,247Maitland on,244peasants' view of,243–246not conferred by residence,247tenements attached to,247sicut quantitatem tenuræ,241Vinogradoff on,244SeeCommon Land, Copyholders, Meadow land, Pasture, WasteCommunism—denounced by landlords,324,384elements of in manorial arrangements,159–161,206–207,243–246practical nature of in demands of rebels in sixteenth century,338theoretical nature of in demands of Diggers,338views as to, of Maitland,244" " " Vinogradoff,244Community, the village,seeManorCommutation,seeLabour servicesCompetitive rents,seeRentsConsolidation of holdings,seeHoldingsConversion to pasture,seePastureCopyholders—act to give security to, on Somerset’s demesne lands,294,365attitude of, to State,122–124cases as to,296compelled to surrender copies for leases,301–304customs affecting, at Aldeburgh,411–412customs affecting, at Bushey,126–127dependence of on custom of manor,124–131,292–301effect on of fall in value of money,304–310fines paid by,305–307labour services rendered by,52–53marks of personal villeinage among,53–54on new land,289–290,293–294preponderance of over other classes shown by statistics,25,48rights of common enjoyed by,248–258rents of fixed by custom,115–121surplus enjoyed by,119–121subletting of land by,81tenure of, changes in, in sixteenth century,1–2,310–311" definition of,47" demands of rebels as to,334–337" duration of, statistics as to,300" fines incidental to, certain or uncertain, statistics as to,300" origin in villein tenure,50" definition of,47" demands of rebels as to,334–337" duration of, statistics as to,300" fines incidental to, certain or uncertain, statistics as to,300" origin in villein tenure,50" protected by custom of manor,129–131,292–297" " " Court of Chancery,289,291–292,294–295,398" " " Courts of Common Law,289,291,294–295" " " Court of Requests,362,367,397" " " Court of Star Chamber,360" " " Council,296,359,373–374,397" theories as to, of Ashley,290–292" " " Coke,289,299" " " Fitzherbert,288–289" " " Kitchin,289" " " Leadam,289–290" " " Norden,47" " " Savine,287,292,297,300See alsoCustomary tenants, ManorCorn—consumed at home,111–112export of encouraged,113export of discouraged,197import of checked,113loans of,109output of per acre,110–111trade in,111Corn-growing—backbone of peasants' livelihood,105–112commercial policy towards,112–113,197conditions making profitable,110–113in Norfolk,111–112pastures broken up for at Coventry,20proposals for encouragement of,416–417unemployment caused by abandonment of,232–233wastes to be reclaimed for,394–395Corn laws,seeCornCottagers—commons used by,247driven from enclosed into open field villages,277–279loss of commons by,7statistics as to among freeholders,31–33" " " customary tenants,63–66Cottages—Act requiring four acres to be attached to,277,354erection of on waste,277–278Council—Agrarian policy of under Charles I.,391,399attack on Somerset by,370,380grantees of monastic estates members of,380intervention of to protect peasants,357–359,361–362,372–376,391,399of the North,355,374,398of Wales,355,373returns made by Justices to,356,375–376,386,419–420Court of Chancery—cases heard in by Wolsey,397–398petitions to from peasants,294protection of customary tenants by in fifteenth century,289,291–292Court of Manor—agricultural arrangements of village controlled by,159–162,244–246cases of villeinage heard in,292customs enforced by,125enclosers fined by,161–162pastures stinted by,170,241villein land transferred in,78–79,86Court of Requests—cases before as to copyholds,362" " " fold-courses,374,397" " " rack-renting,285,390" " " villeinage,42constitution of,357Hall on,357popularity of with poorer classes,357powers of curtailed by prohibitions,399Somerset’s use of,367unpopularity of with landlords,397–398Court of Star Chamber—abolition of in 1641,399cases before, as to breach of peace,374" " " copyholds,359,360" " " enclosure,360,391,421" " " villeinage,43constitution of,357denounced in Grand Remonstrance,399Sir Thomas Smith on,358unpopularity of with landlords,397–398Court Leet—of Coventry,20,162,181,249,251of Southampton,162,170,241,245–246Court Rolls—evidence of, as to enclosure,159" " " encroachments on waste,87–89" " " land speculation,75,78–81" " " tenure of copyholders,362" " " villeinage,43Courts of Common Law,seeCommon Law.Cultivation,seeAgricultureCultivators,seePeasantsCrown, the,seeCouncil, Court, and Index of PersonsCrown tenants—at Wheatley 302,413–415in Wales,298,302on Northumbrian border,190–191,299Custom of the Manor, the,seeCopyholders, ManorCustomary—of Aldeburgh,411–412" Bushey,126–128" High Furness,101Customary Court,seeCourt of ManorCustomary tenants—statistics of,24–26,48see alsoCopyholdersDairy farming,215Day work of copyholders,52–53Demesne land—absent from some northern manors,203acreage of farms on,212–213added to peasants' holdings,93–95,204–209changes in use of after Great Plague,93–95,204–209conversion to pasture of,223–228customary routine of agriculture on,217,228–229difficulty of discriminating between peasants' land and,95effect of division of among peasants,91–93foundation of large farm in sixteenth century,202–203gradual consolidation of,221–223,254–256insecurity of copyholders on,289,293–294leased to capitalist farmer,210–212leased to smallholders,94–95,204–205leased to village community,205–207lying in compact blocks,221–223,254–256lying in scattered strips,221–222peasants' land merged in,257–258progress of enclosure on,216–223proportion of manorial area formed by,259rents paid for,256rights of common over,234statistics as to use of,225–226unemployment caused by enclosure of,232–233Depopulation—Commissions of Inquiry into,seeCommissionscounties most affected by,8–9,153–154,262–263,404–405contemporary accounts of,6–8effect of on pauperism,seePoor Lawindividual instances of,257,260–261proposals for checking,416–417statistics of Royal Commissions as to,261–265Statutes against,seeActs of Parliamentviews of Gay as to exaggerated accounts of,10–11,263–265Diggers,321,337–338Dissolution of monasteries,seeMonasteriesDomesday Book—large extent of arable land in,228liberi hominesandsochemanniin,27Domesday of Enclosures—classes entered in as enclosing,154–155enclosing byvillatain,156size of enclosures in,154–155See alsoEnclosures