These instances tell us nothing of the origin, extent, or distribution of the movement which they represent. They are useful merely as offering concrete specimens of enclosure on the parts of free and customary tenants, which confirm what is told us by the surveyors. There was certainly a well-defined trend away from the methods of common field agriculture taking place in the course of the sixteenth century and before it on the part of the peasantry. We can, however, go further than this; and premising that in the infinite variety of rural conditions in different parts of the country any classification must be somewhat arbitrary, we can distinguish two main elements in the movement.
In the first place there is among the tenants on some manors something like a deliberate movement towards the substitution of “several” for open field husbandry. This was a change which occurred almost spontaneously when the economic interests of the majority of tenants were pushing in the same direction, and can be seen affecting both pasture, meadow, and arable holdings. The Commission[294]of 1517found that in certain places land had been enclosed neither by individual landlords, nor by individual tenants, but by “the village,” and the manorial documents give us a clue to what such entries mean. In the surveys of the sixteenth century we not infrequently find that meadows and pastures which were originally occupied in common have been split up among the tenants, so that each has the exclusive occupation of a few acres, the share which each tenant takes being proportioned more or less exactly to his holding of arable in a manner which precludes the idea that the change can have taken place by piecemeal individual encroachments, or in any way except by an intentional redistribution of land, in which the interests of all the tenants received consideration.[295]Such a division of meadow and pasture is paralleled by cases in which the re-allotment of arable holdings is carried out both by freeholders and by copyholders almost exactly in the manner prescribed by Fitzherbert. Thus at Ewerne,[296]in Dorsetshire, the customary tenants got permission from the lord to make enclosure on the open fields; appointed persons to “extend and tread them out,” and then united the dispersed strips into compact holdings, so that “the more part of the manor was enclosed, and every tenant and farmer occupied his land several to himself.” At Mudford, in Somersetshire, the tenants were found by the surveyor in 1568 to be contemplating the same step. A similar course was taken in the early seventeenth century on several Northumbrian manors, of which Cowpen[297]may be taken as a typical example.
The procedure followed by the freeholders of that township was to get their land surveyed by an expert, to divide it into two great portions, and to agree that each manshould have an allotment in one or other of the two divisions proportionate to the holding which he had occupied in the open fields, due regard being had to the quality as well as the acreage of each holding, “so that some have not all the best ground and others all the worst, but that each man have justice and right.” Such instances may prove to be exceptional in the sixteenth century; it is our impression that they were, and that the attempts which the peasantry made to overcome the difficulties associated with the open field system of cultivation more often took the form of individual exchanging of strips, than of a formal agreement to abandon one method of cultivation and to adopt another. But, even though exceptional, they are of some interest as offering complete examples of changes which have been going on more generally on a smaller scale and in a less systematic manner. They afford a striking contrast to the enclosing by the manorial authorities which we shall examine in a future chapter, and offer an analogy to the enclosures which were carried out in the eighteenth and nineteenth centuries. They resemble the latter in being a deliberate attempt to make a clean sweep of the old system of open field agriculture. They differ from them in being the outcome of voluntary agreement among the tenants, not of legislation.[298]
Much more general, however, than enclosure by agreement of the whole township, is the enclosure which takes place through the initiative of individual tenants, who, without any common agreement as to a policy of enclosure being reached by the village community as a whole, make sporadic encroachments on the common pasture or waste, and consolidate their arable holdings by exchanging strips with their neighbours. Our best information on the first point is obtained from the manorial court rolls. The court was the guardian of the customary methods of cultivation. How far it could maintain them against a lord or his farmer who wished to break them down, and how far it was merely his mouthpiece, is a difficult question, which we need not at present discuss. Certainly it did occasionally uphold the common rule of the township even against the lord; certainly the mere fact that when that rule is uncertain the lord refers the matter to the court in the form of a series of questions which it is to answer, gave the tenants the opportunity of building up a kind of case law which can hardly have failed to act as a brake upon arbitrary action by the manorial authorities. But however impotent it may often have been when confronted by an enclosing lord of the manor, its rules set very effective limits to the discretion exercised by tenants in their agricultural arrangements, and it checked enclosing by individuals for several reasons. It was of the essence of the open field system of tillage, and of the joint use of common meadows and pastures, that unauthorised encroachments by a single tenant should be an inconvenience to his neighbours. If made on the arable, they might interfere with the customary rotation of crops, and would certainly diminish the area of land available for the village cattle on the fallows and after harvest. If made on the common waste, they threw the village economy into confusion by upsetting the arrangements under whicheach holding could place so many beasts to be grazed there. “It is both law and reason,” wrote a surveyor grieved by such aggression on the part of a large tenant, “that every tenant of like land and like rent have like portion in all things upon the common pasture.”[299]The court, as the upholder of manorial custom, was occupied with discovering and checking breaches of it. On manors where there was not sufficient grazing land to allow of each tenant pasturing as many beasts as he pleased, it fixed “the stint" which each was allowed to turn out on the common. It decided whether rights of pasture were confined to old tenements or whether they could be extended to cottages recently erected. It made rules as to what fields should be sown with what crops. It would fine a man “for refusing to consult his neighbours touching the common affairs of the township.”[300]
Such action does not, of course, necessarily imply any highly developed communal organisation of village life. When four householders to-day bring an action against a fifth who has interfered with “ancient lights,” they act simply as individuals who are temporarily united in defence of a common interest, and when a court customary fines a man for over-stocking the common pasture, it is possible to argue that there is no more in its action than the temporary alliance of individuals to suppress a nuisance. Yet such a view of the matter is incomplete. The common interest is there in both cases; but in the case of the village community it is a permanent, not merely a passing, ground for co-operation; and if we must take to heart the warnings given by some legal historians not to see communism where there is only joint action, we must also insist that common action, which is in effect communal action, is quite possible without those who act either possessing, or feeling the need of possessing, any definite status.[301]It is perhaps not too presumptuous to suggest that the very precision with which the lawyer applies his keen analysis of juristic conceptions to remove the misconceptions of the lay mind, is sometimes an obstacle to the understanding of forms of organisationcreated by the daily routine of men quite unversed in the law. An employers' association or a trade union to-day in an industry which is not highly organised is, during two-thirds of its life, a mere collection of individuals. But in an emergency it can show very effectively that it is the organ of a common will. It is surely rather hard to deny the peasantry some measure of corporate management of common interests because they cannot answer questions as to the legal nature of a corporation, because they do not express their communal arrangements by the use of terms of art which they would not have understood. The economist, at any rate, will look at practice rather than theory. He will be inclined to doubt whether the villagers were any clearer as to the basis of their associated action than the mass of trade unionists were between 1875 and 1906. But he will see that, like trade unionists, they do in fact habitually act together and act effectively for the regulation of their common interests. No doubt such action was often mere adherence to a customary rule. But it is possible again to draw the antithesis between custom and organisation too sharply. After all custom does not work by itself. Especially in times of change, like the sixteenth century, it only works in so far as men make it work. On some manors it is frequently changed by the court, and clearly, when it is changed, we have not automatism but deliberate action.
But the power of a rule is not recognised till it is broken, and it is just these collisions between the plan of cultivation upheld by the court and the interests of individual tenants, which show how prevalent are the small enclosures made by the latter. They begin very early and are increasingly frequent throughout the fifteenth century. Let us make the picture more precise by giving one or two instances. In 1405 some customary tenants at Forncett[302]are fined 2s. 2d. because “they have made enclosures of their lands within the manor against the custom of the manor, on account of which action the tenants of the manor are not able to have their common there.” In 1418 the court at Castle[303]Combe presents that three tenants “have sownthe common fields and kept them several without the licence of the lord, when they ought to be common, to the common damage.” At Ingoldmells,[304]in 1437, the court impounds the sheep of some tenants who have “entered upon the fields of Burgh and occupied the common there, where they have no common.” At Coventry[305]from the middle of the fifteenth century, and at Southampton[306]throughout almost the whole of the century and a half following, continuous war was waged by the Court Leet against those who “oppressed the common" by over-stocking it with more than their authorised quota of beasts. Yet, in spite of elaborate and ever-changing regulations which were made as to the number which any person might place upon it, in spite of bye-laws requiring them to be delivered personally or through a servant into the charge of the town herdsman, ruling off aged animals which were past work, and imposing heavy fines on offenders, the constant references in the documents of the sixteenth century to pieces of land which are held by customary tenants in severalty show that this sporadic individualising of part of the manorial area had to a great extent broken down the customary routine of cultivation, even on manors where no extensive enclosures were carried out by the manorial authorities.
So far we have spoken of the encroachments by tenants on the common pasture. The growth of several occupation could occur there with less disturbance than on the arable holdings, because, if the pasture was a large one, the clipping off of a corner might leave the other tenants with more than was sufficient for their cattle. But enclosure made by one tenant on the open arable fields created a disturbance which was immediate and obvious. Indeed, if his holding lay in scattered strips, separated from each other by the strips of his neighbours, how could he enclose at all? He would at once come into collision with their demand that his holding should lie open for grazing purposes after harvest. Moreover, even from his own point of view, enclosure could hardly pay, for he would have to put hedges round each of 30 or 40 or 50 acre and half acre plots. One would expect, therefore, that individual tenants would be slow to undertake the hedging and ditching of their arable holdings; and this expectation is on the whole confirmed by the impression which one gets from the surveys and from the accounts of contemporaries.[307]On the tenants' arable land enclosure has not proceeded by the middle of the sixteenth century as far as on their pasture and meadow. Yet, even in this matter, the tendency is perhaps to exaggerate the stability of agricultural conditions. Even on the arable fields themselves individual tenants set themselves to overcome the obstacles in the way of enclosure, and they do so in the only way they can, by attempting first of all to consolidate their strips into larger holdings. This tendency is revealed most clearly by the open field maps. The picture of mediæval agriculture, to which Mr. Seebohm has accustomed us, is one in which holdings were made up of strips which lay scattered over the open fields at a considerable distance from each other. In the sixteenth century this condition of things survived in its entirety on many manors and partially on most. But, side by side with it, there is going on a process by which the strips coalesce into larger bundles, so that one tenant’s pieces of land, instead of being far apart, very often lie next to each other, forming blocks of several acres. Those who make maps show the change by putting brackets round the contiguous strips.[308]Written surveys, instead of describing parts of holdings with the words “lying between the land of A and the land of B,” call attention to the new condition of things, which is still sufficiently unusual to deserve remark, with the words “lying together.”[309]Sometimes in the maps one finds twelve or twenty strips bracketed as belonging to one man; sometimes the surveysstate that 16 or 20 acres lie together. But even 10 acres is a big field, quite big enough to repay the cost of hedging and ditching. When sufficient strips have become contiguous to form a close of this size one great obstacle to enclosure has been removed. Unity of cultivation has been added to unity of ownership. The difficulty that enclosure will probably, though not necessarily, mean the exclusion of the other tenants' beasts after harvest still remains. But an individual tenant will no longer find enclosure impossible if he can persuade his neighbours to acquiesce in it. In fact he does sometimes persuade them, and in the midst of fields which are still open one finds here and there blocks which have been enclosed.
ToListI. PART OF THE MANOR OF SALFORD, IN BEDFORDSHIRE (1590.)
Nor can we doubt that this process of forming strips into blocks took place through deliberate action on the part of tenants, though we need not assume that the probability of its leading to enclosure was always foreseen. The amalgamation of the scattered parts of a single holding had sufficient advantages to commend it without any further change, and enclosure may often have been an afterthought. How could this amalgamation come about? It would naturally take place by a process of exchange[310]between tenants. As we have seen, the tenants were from an early date buying and selling, leasing and sub-letting, parts of their holdings. What could be more reasonable than that in doing so they should have regard to the situation of the plots which they acquired, and so arrange their bargains as gradually to substitute a few larger blocks for many scattered strips? This hypothesis (for it is only a hypothesis) receives a certain amount of confirmation from a curious fact to which attention was called for the first time by Professor Unwin.[311]It occasionally happens that we find the very tenants who sell and let part of their holdings are buying and leasing parts ofother holdings from their neighbours. Thus, at Gorleston,[312]in Suffolk, a customary tenant sublets about half his holding of 12 acres to as many as eight other persons, and at the same time acquires plots of land from another eight holdings himself. At Crondal[313]Richard Wysdon adds enormously to his half-virgate by encroachments, and at the same time sublets 2½ acres to Hugh Sweyn. Henry Simmond enters on land belonging to the same Richard Wysdon, and in turn transfers 8 acres of his holding to Matilda Huthe. What is relevant to the question in these transactions is not the mere sub-letting and selling of land. That, as we have seen, was common enough. The noticeable thing is that the same tenant who surrenders part of his holding acquires part of the holdings of other people. After the transactions are completed he holds about as much land as before, only it is differently arranged. May it not be that the desire that it should be differently arranged was one of the motives of the double transaction, and that in this way he sought to substitute for his dispersed strips a compacter and more manageable holding? Is he not like a shareholder who sells out Canadian Pacifics and invests in Consols, in order to have his property more directly under his own eye? At any rate such an explanation would account for the undoubted fact that in the sixteenth century holdings are much more compact than they are in the thirteenth century. But whether it is correct or not the growth towards compactness is a fact, and a fact which makes possible the enclosure of holdings in the open fields.
It is plain from these and similar instances that there was a well-defined movement from the fourteenth century onwards which made for the gradual modification or dissolution of the open field system of cultivation, and that it originated not on the side of the lord or the great farmer, but on the side of the peasants themselves, who tried to overcome the inconvenience of that system by a spontaneous process of re-allotment, sometimes, but not always, in conjunction with actual enclosure. On one manor it proceeded by the piecemeal encroachments of individuals, on another by the deliberatedivision of the common meadow or pasture, on a third by the voluntary exchanging by tenants of their strips so as to build up compact holdings, on a fourth by the redistribution of the arable land. It was a spontaneous movement in the sense of being initiated by the tenants and not merely forced upon them. The economic, as distinct from the legal, arrangements of the village community were much less rigid than some of the books about it would suggest. The open field system of cultivation was, in fact, already in slow motion in several parts of England, when the impact of the large grazier struck it, enormously accelerated the speed of the movement, and diverted it on to lines which were new and disastrous to the bulk of the rural population.
This aspect of the enclosures, though not overlooked by contemporaries, has perhaps hardly received the emphasis which it deserves from modern writers. For one thing, a recollection of it explains certain apparent contradictions, the difference in the views expressed by different writers in the sixteenth and seventeenth centuries as to the social effect of enclosures, the disagreement between Mr. Leadam and Professor Gay as to whether enclosing was or was not usually followed by conversion to pasture, the strange statement of Hales[314]that “the chief destruccion of Townes and decaye of houses was before the beginning of the reigne of Kynge Henry the Seventh.” The latter remark can hardly have been true of the great and sudden evictions which caused rioting and depopulation, and evoked the long series of statutes which begin in 1489. It may well have been a curt summary of the impression produced by a century of gradual consolidation and piecemeal enclosures carried outby the smaller cultivators. It would seem, again, to be the case that while landlords usually enclosed with the object of putting sheep where men had been, the tenants of customary holdings enclosed simply for the sake of better arable farming, or for the more convenient employment of meadow and pasture land. That is why Hales could make himself detested by landlords as the chairman of the only effective committee of Somerset’s ill-starred Enclosure Commission, and at the same time say that certain kinds of enclosure are “very beneficiall to the commonweal.” That is why Fuller and Moore a century later could damn enclosure in one sentence and qualify their verdict in the next. That is why Moore’s numerous critics could repudiate his aspersions with some acrimony, and nevertheless admit that “when townes are in the hands of one or few men ... enclosure doth produce depopulation.”[315]
For another thing, the prevalence of small enclosures suggests that the view of those who represent the agriculture of the period as needing a violent shock to rouse it from a state of intolerable inefficiency can only be accepted with considerable qualification. We know that by the middle of the sixteenth century in certain counties, notably Kent, Essex, and Devonshire, the common field system of cultivation was already the exception and not the rule. We know, too, that though in parts of these counties its absence may have been due to differences in the original forms of settlement and clearance, it had elsewhere disappeared within historical times. We may conjecture that the reason why it decayed sooner in Kent and Essex than elsewhere was the fact that the neighbourhood of those counties to London and the sea, and to the commercial routes from the Continent, caused the influence of commerce and of a money economy to be felt there sooner than in the Midlands, with the natural result of accelerating economic and agrarian changes, and that in the examples quoted above we have the same process of individualisation in the method of agriculture going on quietly elsewhere in a way which would sooner or later have brought about a similar result to that which had alreadyoccurred in those two progressive districts. At any rate these rearrangements suggest a good deal of adaptability among the tenants who carried them out, and not the condition of organised torpor which some writers profess to find in the unenclosed village. That communal cultivation was incompatible with swift change may be granted. Of that fact its survival into almost our own day is a sufficient proof. That it prevented improvements altogether must be denied; and though no doubt to large farmers and impatient surveyors the petty operations of the smaller tenants seemed intolerably dilatory and wasteful, the student who looks at them in an age which has some experience of economic revolutions may well doubt whether rapid technical progress cannot be bought too dear, and regret that the gradual movement towards more rational methods of farming on the part of the small man was so soon overtaken by one over which the small man could exercise no effective control. Now, as then, land agents shake grave heads at the wastefulness of sacrificing the well-ordered dignity of a great estate to the encouragement of undercapitalised, untidy, higgledy-piggledy small holdings, and prove by arithmetic that the labourer has more comforts for less work. Now, as then, in those countries where the peasant tradition has not died altogether away, the unreasonable creature prefers starving on land which is his own, though it be but a tiny patch where he sweats from dawn to dark.
If it be objected to the view which we have taken of the slow spread of enclosure among the peasantry that they were notoriously opposed to enclosing, we must answer by repeating that there was nothing inconsistent in approving one kind and detesting another. After all there is no curse attached to landmarks, but only to the man who removes his neighbour's. Even in an open field village no one had a conscientious objection to fences in general; it all depended on where the fences were put. The object of enclosure was to shut in, or to shut out, or to do both. The villagers were not unwilling that an agreement should be reached whereby each man should shut his own beasts in a close of pasture, and shut out the beasts of other people from his arable after harvest. On the contrary, it was sometimesa grievance[316]that enclosure was not allowed. What they objected to was that one man should exclude others without compensation from rights of pasture or from their arable holdings. Moreover, provided that enclosure took place by consent, the advantages of it were overwhelming. When the superior[317]value of enclosed over unenclosed land was so marked that the former was sometimes assessed to subsidies at a higher rate than the latter, a man who, like many of our tenants, had money to spend on timber, would naturally wish to enclose. The growth of pasture farming by large graziers turned the minds of the smaller tenants in the direction of enclosing for themselves, because this, paradoxical though it may seem when the outcry against enclosure is remembered, was the most obvious way in which they could protect themselves. The explanation is that the system of open field cultivation and of common pasturage made it peculiarly easy for one large shareholder to ruin the rest by letting his cattle stray at large over the common, and even by encroachments on his neighbour’s strips. Its underlying principle had been the apportionment of rights on a basis which was settled by the custom of the manor, as opposed to the acquisition by individuals for themselves of such rights as they could obtain by economic power, or bythe accumulation of capital. This was the meaning of the strict allotment of grazing privileges by the establishment of a stint which each tenant, or rather each tenement, was not to exceed. The limitation to the capital which a man could acquire in the shape of stock—cattle and sheep—was practicable as long as that capital was small. When it became large, as in the sixteenth century it did, it was too powerful to be dammed up by the rules as to cultivation enforced in the manorial court, and the outward sign of this was the failure of the latter to prevent the “overcharging" both of the common waste, and of the common pasture formed by the field after harvest, with the beasts of the large grazier. Hence in some places the enclosing of pasture or arable was used by the tenants as a way of protecting themselves: at Mudford the tenants, at Newham and Tughall the surveyor in the interests of the tenants, at Southampton the Leet jury, were anxious[318]for enclosing, in order that the weak barriers which the custom of the manor offered to the farmers' or to neighbouring villagers' depredations might be supplemented by a strong quickset hedge. What damaged the smaller tenants, and produced the popular revolts against enclosure, was not merely enclosing, but enclosing accompanied either by eviction and conversion to pasture, or by the monopolising of common rights. When some of the tenants became large capitalists, what the rest lost by surrendering common rights might be more than compensated by the security which they thus obtained of grazing their own beasts undisturbed on a smaller area.
At the same time, though voluntary enclosing by the peasants was partly a symptom of the overshadowing of small property by large, it was much more than this, and was due partly to a change in their methods of agriculture, and partly, perhaps, to a genuine progress in the technique of cultivation. This is indicated by the enthusiasm of the expert opinion of the period for “several” holdings, and by the qualified praise of discriminating criticslike Hales.[319]As we have seen above, there were parts of England—for example, “the sweet country of Tandeane,” described by Norden—where cultivation was quite intensive in character, and intensive cultivation naturally gave an impetus to the individualising of arable holdings. Again, the advantage to the cattle breeder of “several closes and pastures to put his cattle in, the which would be well quicksetted, hedged, and ditched,”[320]was a commonplace. It has been already pointed out that on many manors of Southern and Eastern England the customary tenants were sheep farmers on a considerable scale. The adjustment of common rights must always have involved some difficulty: the fixing of so many head of beasts to each tenement was obviously a rough and ready arrangement based on the idea that the holding in the arable fields was the backbone of a man's substance, and that therefore it might properly be taken as a standard by which his rights of pasture and common could fairly be measured. The problems which arose could be imagined, even if they were not described for us at some length: “Where fields lie open and the land is used in common, he that is rich and fully stocked (up to the limit allowed) eateth with his cattle not his own part only, but also his neighbour's who is poor and out of stock. Besides that, it is an ordinary practice with unconscionable people to keep above their just proportion ... those who have consciences large enough to do it will lengthen their ropes, or stake them down so that their horses may reach into other men's lots.”[321]As long as the great bulk of the customary tenants relied for a livelihood mainly on the subsistence farming of the arable land, these practical difficulties were probably not felt very keenly, because the comparatively few beasts which were kept could pick up a living without overcrowding each other.But when the raising of stock became almost as important as the cultivation of arable, the demand for more pasture and for better pasture grew enormously, and in the face of the competition for it the strict maintenance of the customary stint became more difficult. On manors where 150 or 200 sheep were kept by almost every tenant the motive either to enclose surreptitiously and in defiance of the custom of the manor, or to divide and enclose meadow and pasture by agreement, must have been extremely strong. Ought we not to ask why the open field system survived so long, rather than why it partially disappeared in the sixteenth century?
We may now summarise the argument of this part of our work. The manor, as we see it from the middle of the fourteenth century onwards, is not the rigid, motionless organisation which it is sometimes represented as being. Though it is governed by custom, custom leaves room for the growth of commercial relationships on the extending fringe of new land over which the village spreads; for the withdrawal by the villagers of part of their holdings from the common scheme of open field husbandry, the division of meadows and pastures, the exchanging of strips, the formation of closes like those represented in the map on the opposite page, which a man can use as he pleases and over which the customary routine of agriculture has no authority. This side of the enclosing movement, more properly described as redivision and reallotment than as enclosure, develops earliest in those parts of the country which, owing to their geographical position, are particularly exposed to the dissolving forces of trade and of a money economy. But with the improvement in the condition of the peasantry and the growth of pasture farming it spreads far afield, and by the middle of the sixteenth century, quite apart from the large changes introduced by lords of manors and capitalist farmers, it has effected a considerable alteration in the methods of agriculture even of the more stationary inland counties. Such piecemeal alterations are a gradual process; they are not regarded unfavourably by the peasantry; and a balance between their tentative individualism and the rule of communal custom is preserved by the action of the manorial court. They are to be carefullydistinguished from the sweeping innovations of the sixteenth century, which alone deserve the name of an Agrarian Revolution. But they are closely connected with that revolution. For by making a breach in the walls of custom they bring us to the edge of two great problems, the growth of competitive rents, and the formation of large pasture farms out of the holdings of evicted tenants.
ToListII. PART OF THE MANOR OF EDGEWARE, IN MIDDLESEX (1597.)
We have spoken at length of the prosperity of the peasants, because it is necessary to appreciate it in order to sympathise with the point of view from which they and their contemporaries regarded the agrarian problem. But evil days are coming upon the rural middle classes. Indeed they have already come. There is by this time much anger against depopulating landlords, much talk of the good customs of Henry VII., much murmuring lest men be brought to that slavery the Frenchman be in. We must leave the light and follow them into the shadow.[Next Chapter]
[263]I am inclined to think that an investigation of the manorial records of the fifteenth century would show a considerable decrease in the number of customary tenants, not as a result of evictions, but simply as a consequence of one man buying out another and forming one larger holding out of two or more smaller ones. The evidence for this is as follows: (1) When several holdings pass to one man there must be a diminution unless more land is brought under cultivation. Such an agglomeration of holdings has been shown to be very frequent. (2) A comparison of fifteenth and sixteenth century surveys with those of an earlier date shows a marked diminution in the number of customary tenants (a) before complaints as to enclosure become loud, and on manors where there is no trace of enclosing by lords or large farmers; (b) on manors where more land is cultivated by the customary tenants than at an earlier date. Thus at Haversham there were 52 tenants of all kinds in 1305, 35 in 1458, 14 in 1497 (Victoria County History, Gloucestershire, vol. ii. pp. 61–62). On six Northumbrian manors, where there is no sign of evictions on a large scale, there were 82 customary tenants in 1294, and 37 in 1567, and where intermediate surveys enable one to narrow the limiting points, one finds that there has been a considerable diminution before the end of the fifteenth century. On the four tithings, of South Newton, Childhampton, Stovord, and Little Wishford, which made up the manor of South Newton, customary tenants numbered at the beginning of the fourteenth century 32, 7, 13, 13, and in 1567 10, 3, 7, 1, the average holding having grown from 10-1/2 to about 43 acres (Roxburghe Club,Pembroke Surveys). At Sutton Warblington there were in 1351, 28 customary tenants, and in 1568 there were 7, while the average acreage of each tenant’s holding had increased enormously (Crondal Records, Baigent). At Dippenhall and Swanthrop, two tithings of the manor of Crondal, the customary tenants numbered 40 in 1287, 24 in 1568, while the average size of their holdings had risen from between 18 and 19 to just under 35 acres. At Aldershot the number of customary tenants during the same period fell from 48 to 37 (ibid.). Such figures are of course full of pitfalls. In the North border warfare reduced the population, and the effects of the Great Plague have to be considered. The great growth in the size of holdings does, however, suggest that a diminution in the number of customary tenants may have occurred without any encroachments being made by lords on the customary land, and merely through one tenant buying up the land of another.
[263]I am inclined to think that an investigation of the manorial records of the fifteenth century would show a considerable decrease in the number of customary tenants, not as a result of evictions, but simply as a consequence of one man buying out another and forming one larger holding out of two or more smaller ones. The evidence for this is as follows: (1) When several holdings pass to one man there must be a diminution unless more land is brought under cultivation. Such an agglomeration of holdings has been shown to be very frequent. (2) A comparison of fifteenth and sixteenth century surveys with those of an earlier date shows a marked diminution in the number of customary tenants (a) before complaints as to enclosure become loud, and on manors where there is no trace of enclosing by lords or large farmers; (b) on manors where more land is cultivated by the customary tenants than at an earlier date. Thus at Haversham there were 52 tenants of all kinds in 1305, 35 in 1458, 14 in 1497 (Victoria County History, Gloucestershire, vol. ii. pp. 61–62). On six Northumbrian manors, where there is no sign of evictions on a large scale, there were 82 customary tenants in 1294, and 37 in 1567, and where intermediate surveys enable one to narrow the limiting points, one finds that there has been a considerable diminution before the end of the fifteenth century. On the four tithings, of South Newton, Childhampton, Stovord, and Little Wishford, which made up the manor of South Newton, customary tenants numbered at the beginning of the fourteenth century 32, 7, 13, 13, and in 1567 10, 3, 7, 1, the average holding having grown from 10-1/2 to about 43 acres (Roxburghe Club,Pembroke Surveys). At Sutton Warblington there were in 1351, 28 customary tenants, and in 1568 there were 7, while the average acreage of each tenant’s holding had increased enormously (Crondal Records, Baigent). At Dippenhall and Swanthrop, two tithings of the manor of Crondal, the customary tenants numbered 40 in 1287, 24 in 1568, while the average size of their holdings had risen from between 18 and 19 to just under 35 acres. At Aldershot the number of customary tenants during the same period fell from 48 to 37 (ibid.). Such figures are of course full of pitfalls. In the North border warfare reduced the population, and the effects of the Great Plague have to be considered. The great growth in the size of holdings does, however, suggest that a diminution in the number of customary tenants may have occurred without any encroachments being made by lords on the customary land, and merely through one tenant buying up the land of another.
[264]Thus the yeomen seem to have increased in prosperity at the end of the eighteenth and in the early nineteenth century (though at the same time large classes of agrarian workers were suffering terribly), because the rise in prices made corn-growing a gold-mine. The collapse came probably after 1815 (see Johnson,The Disappearance of the Small Landowner, chap. vii.).
[264]Thus the yeomen seem to have increased in prosperity at the end of the eighteenth and in the early nineteenth century (though at the same time large classes of agrarian workers were suffering terribly), because the rise in prices made corn-growing a gold-mine. The collapse came probably after 1815 (see Johnson,The Disappearance of the Small Landowner, chap. vii.).
[265]Crondal Records(Baigent), p. 132–133, Rental of 1287: “The same Hugh holds certain encroachments on payment of 3 ploughlands' worth, 3 hens, and 3d. at the said term." “Emma of Wyggeworthhall ... holds certain encroachments on payment therefor 11s. 6d. and one ploughland’s worth.” These documents throw much light on the whole process of the extension of cultivation over the waste.
[265]Crondal Records(Baigent), p. 132–133, Rental of 1287: “The same Hugh holds certain encroachments on payment of 3 ploughlands' worth, 3 hens, and 3d. at the said term." “Emma of Wyggeworthhall ... holds certain encroachments on payment therefor 11s. 6d. and one ploughland’s worth.” These documents throw much light on the whole process of the extension of cultivation over the waste.
[266]Crondal Records(Baigent), pp. 116–120.
[266]Crondal Records(Baigent), pp. 116–120.
[267]Camden Society, 1857. Rental and Custumal of the Manor of Brightwalton. Under the heading virgators it is said, “If they do the full day’s work set out above each of them ought to have his rent reduced 12d.” Under the heading of villeins holding assarted land it is said, “Be it known that no customary tenant shall have any reduction of rent of the lands which he holds by way of assart or in the common of Greeneholt for any office or work to be done for the lord.”
[267]Camden Society, 1857. Rental and Custumal of the Manor of Brightwalton. Under the heading virgators it is said, “If they do the full day’s work set out above each of them ought to have his rent reduced 12d.” Under the heading of villeins holding assarted land it is said, “Be it known that no customary tenant shall have any reduction of rent of the lands which he holds by way of assart or in the common of Greeneholt for any office or work to be done for the lord.”
[268]Camden Society,Inquisition of the Manors of Glastonbury Abbey, Brentmarsh, 1189. A tenant holds "1 acre de terra arabili in dominico, utilius esset quod esset in manu domini.”
[268]Camden Society,Inquisition of the Manors of Glastonbury Abbey, Brentmarsh, 1189. A tenant holds "1 acre de terra arabili in dominico, utilius esset quod esset in manu domini.”
[269]e.g., on the Devonshire, Somerset, and Cornwall manors surveyed by Humberstonetemp.Phil, and Mary (Topographer and Genealogist, vol. i.).
[269]e.g., on the Devonshire, Somerset, and Cornwall manors surveyed by Humberstonetemp.Phil, and Mary (Topographer and Genealogist, vol. i.).
[270]MS. Transcript by A.N. Palmer of the Survey of the Manor of Holt, 1620 (Wrexham Free Library,Ancient Local Records, vol. ii.).
[270]MS. Transcript by A.N. Palmer of the Survey of the Manor of Holt, 1620 (Wrexham Free Library,Ancient Local Records, vol. ii.).
[271]Scrope,History of the Manor and Barony of Castle Combe, p. 258 (1440–-1550).
[271]Scrope,History of the Manor and Barony of Castle Combe, p. 258 (1440–-1550).
[272]Victoria County History, Suffolk. I quote the writer’s remarks in full. “The bailiff’s accounts for the manor begin in that very year [1381], and the one striking feature in them is the system of leases which appears to have gradually displaced other kinds of tenure since the time of the pestilence. A few are for forty years, but most are for ten or six years.... The land so leased is not mainly demesne land. It belongs largely to villein tenements that have fallen into the lord’s hands, and the process of consolidation described had already taken place at Mildenhall. The land held by John Kelsynd on a ten years' lease includes, for example, '3 acres of Frere's, Hayward’s and Willway’s tenement in Bradinhawfield, 1 acre of Holmes' tenement in Suttonfield, 5 acres of Zabulo's tenement in one piece at Lambwash,' and the rent of the whole 22 acres is 31s. 1d., or nearly 1s. 5d. an acre, an extremely high rent for land not stated to be meadow or pasture.”
[272]Victoria County History, Suffolk. I quote the writer’s remarks in full. “The bailiff’s accounts for the manor begin in that very year [1381], and the one striking feature in them is the system of leases which appears to have gradually displaced other kinds of tenure since the time of the pestilence. A few are for forty years, but most are for ten or six years.... The land so leased is not mainly demesne land. It belongs largely to villein tenements that have fallen into the lord’s hands, and the process of consolidation described had already taken place at Mildenhall. The land held by John Kelsynd on a ten years' lease includes, for example, '3 acres of Frere's, Hayward’s and Willway’s tenement in Bradinhawfield, 1 acre of Holmes' tenement in Suttonfield, 5 acres of Zabulo's tenement in one piece at Lambwash,' and the rent of the whole 22 acres is 31s. 1d., or nearly 1s. 5d. an acre, an extremely high rent for land not stated to be meadow or pasture.”
[273]Scrope,History of the Manor and Barony of Castle Combe, p. 203.
[273]Scrope,History of the Manor and Barony of Castle Combe, p. 203.
[274]Massingberd,Ingoldmells Court Rolls, Introduction, p. xxx.
[274]Massingberd,Ingoldmells Court Rolls, Introduction, p. xxx.
[275]Ibid.
[275]Ibid.
[276]Stubbs,Constl. Hist., vol. ii. p. 479, n. 5.
[276]Stubbs,Constl. Hist., vol. ii. p. 479, n. 5.
[277]The word “usury” denoted in the Middle Ages and in the sixteenth century not merely exorbitant interest on a loan, but any oppressive bargain, including the raising of prices, the beating down of wages, and the rack-renting of land (seee.g. A Discourse on Usurie, by Thomas Wilson, 1584). The phrase “a great taker of advantages" comes from a complaint by the people of Hereford against an unpopular divine who lent money at interest and rack-rented land (S. P. D. Eliz., cclxxxvi. Nos. 19 and 20), and the phrase “weapon bodeth peace" from an account of an agrarian dispute in Lancashire—it is the sort of grim joke that stubborn and humorous people would appreciate—inL. and P. Henry VIII., vol. xiii., Pt. II., p. 535. “On Sunday night Wheateley sent his daughter to bid him to come to Parson’s Close to mow Mr. Tempest’s meadow there. Had heard that whoever should mow the meadow should be beaten off the ground, and sent to ask if he should bring a weapon. Wheateley sent word again 'howe weapon boded peace, therefore bring his weapon with him.' Brought his bow and shafts.”
[277]The word “usury” denoted in the Middle Ages and in the sixteenth century not merely exorbitant interest on a loan, but any oppressive bargain, including the raising of prices, the beating down of wages, and the rack-renting of land (seee.g. A Discourse on Usurie, by Thomas Wilson, 1584). The phrase “a great taker of advantages" comes from a complaint by the people of Hereford against an unpopular divine who lent money at interest and rack-rented land (S. P. D. Eliz., cclxxxvi. Nos. 19 and 20), and the phrase “weapon bodeth peace" from an account of an agrarian dispute in Lancashire—it is the sort of grim joke that stubborn and humorous people would appreciate—inL. and P. Henry VIII., vol. xiii., Pt. II., p. 535. “On Sunday night Wheateley sent his daughter to bid him to come to Parson’s Close to mow Mr. Tempest’s meadow there. Had heard that whoever should mow the meadow should be beaten off the ground, and sent to ask if he should bring a weapon. Wheateley sent word again 'howe weapon boded peace, therefore bring his weapon with him.' Brought his bow and shafts.”