Fitzherbert, one of the judges of the Common Pleas in the reign of Henry
VIII., wrote a work on surveying and husbandry. It contains directions
for draining, clearing, and inclosing a farm, and for enriching the soil
and reducing it to tillage. Fallowing before wheat was practised, and
when a field was exhausted by grain it was allowed to rest. Hollingshed
estimated the usual return as 16 to 20 bushels of wheat per acre; prices
varied very greatly, and famine was of frequent recurrence. Leases began
to be granted, but they were not effectual to protect the tenant
from the entry of purchasers nor against the operation of fictitious
recoveries.
In the succeeding reigns the efforts to encourage tillage and prevent
the clearing of the farms were renewed, and among the enactments passed
were the following:
5 Edward VI., cap. 5, for the better maintenance of tillage and increase
of corn within the realm, enacts:
"That there should be, in the year 1553, as much land, or more, put
wholly in tillage as had been at any time since the 1st Henry VIII.,
under a penalty of 5s. per acre to the king; and in order to secure
this, it appoints commissioners, who were bound to ascertain by inquests
what land was in tillage and had been converted from tillage into
pasture. The commission issued precepts to the sheriffs, who summoned
jurors, and the inquests were to be returned, certified, to the Court of
Exchequer. Any prosecution for penalties should take place within three
years, and the act continues for ten years."
2 and 3 Philip and Mary, cap. 2, recites the former acts of 4 Henry
VII., cap. 19, etc,, which it enforces. It enacts:
"That as some doubts had arisen as to the interpretation of the words
twenty acres of land, the act should apply to houses with twenty acres
of land, according to the measurement of the ancient statute; and it
appoints commissioners to inquire as to all houses pulled down and all
land converted from pasture into tillage since the 4th Henry VII. The
commissioners were to take security by recognizance from offenders,
and to re-edify the houses and re-convert the land into tillage, and
to assess the tenants for life toward the repairs. The amount expended
under order of the commissioners was made recoverable against the
estate, and the occupiers were made liable to their orders; and they had
power to commit persons refusing to give security to carry out the act."
2 and 3 Philip and Mary, cap. 3, was passed to provide for the increase
of milch cattle, and it enacts:
"That one milch-cow shall be kept and calf reared for every sixty sheep
and ten oxen during the following seven years."
The 2d Elizabeth, cap. 2, confirms the previously quoted acts of 4 Henry
VII., cap. 19; 7 Henry VIII., cap. 1; 27 Henry VIII., cap. 22; 27 Henry
VIII., cap. 18; and it enacts:
Public-domain text, read in full here on John Shaqi.
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