The English Peasantry and the Enclosure of Common FieldsSlater, Gilbert
History
The English Peasantry and the Enclosure of Common Fields
Slater, Gilbert
Agriculture -- England; Inclosures; Peasants -- England; Village communities -- Great Britain
[80] An older description of piecemeal enclosure is given by John
Houghton: “Would they who plough in champain grounds but change their
little parcels; would they who have 6 or 8 acres together make a
ditch of 6 or 7 foot wide and deep, and fill it if they would with
water, and carry away the bank that it might not be thrown in again,
hedges might chance to thrive, and in 2 years (tho’ they to please the
people might at certain times lay it open) they would raise more money
than they use to do in six.” (Collections, September 16th, 1681, p.
16.) This gives me a pretty fair idea both of the profit and of the
unpopularity of such enclosure at the time.
In general, it may be said, that the Parliamentary enclosure of a given
parish indicates that the manorial authority was exercised during a
long period antecedent to the enclosure, to prevent gradual enclosure
by individual tenants; and that the existence of important rights
and properties belonging to the lord of the manor prevented a common
agreement to enclose by the actual cultivators of the soil from being
reached and put into execution.
It may also be noticed that in a parish or township where there is no
one principal landlord, but a number of landowners owning moderate
properties, there is comparatively little likelihood of the net profit
of an Enclosure Act seeming to any one owner worth the trouble of
initiating a movement to promote one; and a comparatively greater
likelihood of some owner or owners being found disposed, from private
grudges or on public grounds, to oppose the proceedings.
This distribution of property in a common field parish increases the
probability that enclosure will proceed in a piecemeal fashion, instead
of by an Act.
ENCLOSURE UNDER THE GENERAL ACTS OF 1886 AND 1840.
In 1836 a general Act (c. 115) was passed “to facilitate the Inclosure
of Open and Arable Fields in England and Wales.” By this Act two-thirds
in number and value of the proprietors of lands and common rights
in Arable Common Fields could appoint Commissioners for Enclosure,
provided such fields were not within ten miles of the centre of
London, or three miles from the centre of some town of over 100,000
inhabitants, or within certain smaller distances of smaller towns.
Enclosure so effected was only recorded locally. Awards had to be
deposited in the parish churches; but no confirming Act was needed. If
seven-eighths in number and value of the proprietors were agreed upon
enclosure, it was not necessary for them even to appoint Commissioners,
if they could come to an agreement as to the redistribution of
properties.
In 1840 an amending Act (c. 31) was passed, providing that persons who
took possession of the allotments awarded them in enclosures under the
Act of 1836 must be deemed to have waived the right of appeal from the
award. The scope of the Act of 1836 was also extended to Lammas meadows.
Public-domain text, read in full here on John Shaqi.
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