The Land issue 11 out now - plus a top flight back article
Tony Gosling
tony at cultureshop.org.uk
Fri Feb 3 00:25:48 GMT 2012
A Short History of Enclosure in Britain (see below)
Simon Fairlie describes how the progressive
enclosure of commons over several centuries has
deprived most of the British people of access to agricultural land...
http://www.thelandmagazine.org.uk/articles/short-history-enclosure-britain
CONTENTS
The Land Issue No 11, Winter 2011-12
http://www.thelandmagazine.org.uk/
COMMENT
The Great Bovine TB Cover-up Cute badgers, sick
cows, and unhelpful rules. Greenest Government
Ever? No prizes for guessing the answer.
Get Real It's time the countryside occupied the Stock Exchange.
NEWS FROM THE FRONT LINES
Wikileaks Exposes GM lobbying and WTO Claims Free
Markets Bring Food Security Fighting Back against
Land Grabbing and Profiting from Rising Food Prices
Good News on CAP? and Occupy Everywhere
ARE WE REALLY GODS?
Another God Delusion? Mum HANNIS on the pessimism
of Mark Lynas. Open Source Biotech Can we resist
GM if it goes viral? asks SIMON FAIRLIE.
THE FUTURE OF FORESTS
A Sense of Ownership ROBIN MAYNARD puts the case for keeping forests public.
In Woods We Trust DAVE BANGS wonders which side the NGOs are on.
Who Needs It? MIKE ABBOTT thinks we could do without the Forestry Commission.
Could Try Harder MIKE GARDNER speaks up for independent foresters.
The More we are Together Can subdivision of woodlands lead to their cohesion?
Small Woodland Livings Getting back to work in the woods.
"Britain's New Forest Villages" Accommodation for
forest workers, past and present.
Seeing the Forest, not Just the Trees Trees are
not the only vegetation, says HELEN BACZKOWSKA.
Tree Fetishism Think before you plant, cautions SIMON FAIRLIE.
Agroforestry in the UK ED HAMER finds that
farming under trees can work very nicely.
Wood is Good? Can it really be carbon neutral to
burn wood in power stations, asks MIKE HANNIS.
Biomass - A Burning Issue NICK GRANT and ALAN
CLARKE on the contradictions of biomass boilers.
Has Biochar Gone too Far? GILL BARRON gives a
ground-level perspective on charcoal.
Back to the Trees ROBERT SOMERVILLE, architect
and timber framer, on using what we've got.
A Forest Uprising GILL BARRON finds a precedent for rural revolution.
CHAPTER 7
See You on the Streets, Amigos GILL BARRON is
climbing the walls at the Tories' squatting folly.
Land Registry Privatisation The new Public Data
Corporation will be more corporate than public.
Salad Days The rise, fall and possible rebirth of
the Land Settlement Association.
Tyrannosaurus Regs Is there life after planning?
No, there are building regulations, warns SIMON DALE.
Blunt Instruments How the BREEAM Code for
Sustainable Homes discriminates against low
impact dwellings. Working Against Nature Chapter
7 responds to Nick Grant and Alan Clarke.
One Planet Footprint SIMON FAIRLIE asks why no
one is looking at edge-of-settlement One Planet
Developments. Planning Policy Framework No one is
taken in by the Tory presumption in favour of
sustainable development. Neighbourhood Planning
on Exmoor JAMES SHORTEN reports on a pilot exercise in "localism".
New Enforcement Powers The Localism Act contains some worrying measures.
Development Control Mostly concerning Mid Devon.
Announcements and Publications
Articles not attributed to an author are written by the editors.
The Land 11 Winter 2011-12
Prices include postage. Cheques made out to Chapter 7.
Low Impact Development: Planning and People in a
Sustainable Countryside by Simon Fairlie
After five years out of print, a new edition of
the original book on LID, with two new chapters. £16.00
Cotters and Squatters, by Colin Ward, Five Leaves 2002.
A study of the "one night house" and other
squatter houses throughout British history.
Arcadia for All, by Dennis Hardy and Colin Ward,
Five Leaves,
2004
1he only history of the Plotlands. "1he best book
ever written on the UK planning system. . . you
will never look at Peacehaven or Basildon in the same light again. "
Surviving and Thriving on the Land, by Rebecca Laughton. £16.00
How to use your time and energy to run a successful small holding
Small is Successful, by Rebecca Laughton, Larch
Maxey, Oli Rodke and Zoe Wangler.
Case studies of eight viable small holdings on
under ten acres, published by Ecological Land Co-op£11.00
Meat: A Benign Extravagance, by Simon Fairlie
An enquiry into the environmental impact of
livestock - '.an abattoir for dodgy arguments" (G Monbiot)
CHAPTER 7 PUBLICATIONS
Sustainable Homes and Livelihoods in the Countryside
Chapter 7s report advocating changes to planning
policy in the countryside. 52 pages
Low Impact Policies for Local Development Frameworks by Chapter 7
A useful template for low impact policies to
submit to your own local authority. 28 pages.
Food for Thought by The Balham Hill Farm Interim Collective
A Proposal for Maximising the Potential of Balham
Hill and other County Farms for Local Food Production
THE LAND BOOKSHELF Monkton Wyld Court, Charmouth, Bridport, Dorset DT6 6DQ
01297 561359...,. chapter7 at tlio.org.uk
TLIO Gathering 2011
The first TUO Gathering for 11 years took place
at Monkton Wyld 8-9 October, attended by 70+
people, with talks and workshops led by seasoned
campaigners on the CAP, GM, land trusts,
affordable housing, the fight against megafarms,
squatting, low impact smallholdings and
homesteads, forests, planning and the Localism
Bill, Reclaim The Fields, and a plenary which opened wider debate.
The attendance was equally broad, from far and
wide, with many younger people including Reclaim
the Fields activists, assorted elders of the movement, faces old and new.
Reclaim the Fields reported on an action opposing
an open cast gold mine in Rosia Montana, Romania,
and discussed their campaigning priorities. This
combined with a film about young entrants to
farming, presented by Russell Carrington, a Young Farmer from Herefordshire.
Saturday's entertainments included a country
walk, a farm tour with Jyoti Fernandes, and
skiffle band The Dead Plants playing in the marquee till late.
On Sunday all participants came together for a
debate facilitated by Maria Franchi, with
speakers Jack Thurston on CAP, Eleanor Firman
(Labour Land Campaign) on Land Value Tax (LVT),
and Simon Fairlie on planning matters.
Many issues and potential actions were discussed;
two which attracted much support were holding a
yurt-building weekend in spring, and a land
occupation campaign related to the Land Registry privatisation (see p51).
To keep in touch and follow developments, send a
blank email to
<thelandisours-subscribe at yahoogroups.com> Entitle
your email 'subscribe'. Reclaim the Fields: www.reclaimthefields.org
A Short History of Enclosure in Britain
Simon Fairlie describes how the progressive
enclosure of commons over several centuries has
deprived most of the British people of access to
agricultural land. The historical process bears
little relationship to the Tragedy of the
Commons, the theory which ideologues in the
neoliberal era adopted as part of a smear
campaign against common property institutions.
http://www.thelandmagazine.org.uk/articles/short-history-enclosure-britain
Over the course of a few hundred years, much of
Britain's land has been privatized that is to
say taken out of some form of collective
ownership and management and handed over to
individuals. Currently, in our "property-owning
democracy", nearly half the country is owned by
40,000 land millionaires, or 0.06 per cent of the
population,1 while most of the rest of us spend
half our working lives paying off the debt on a
patch of land barely large enough to accommodate a dwelling and a washing line.
There are many factors that have led to such
extreme levels of land concentration, but the
most blatant and the most contentious has been
enclosure the subdivision and fencing of common
land into individual plots which were allocated
to those people deemed to have held rights to the
land enclosed. For over 500 years, pamphleteers,
politicians and historians have argued about
enclosure, those in favour (including the
beneficiaries) insisting that it was necessary
for economic development or "improvement", and
those against (including the dispossessed)
claiming that it deprived the poor of their
livelihoods and led to rural depopulation. Reams
of evidence derived from manorial rolls, tax
returns, field orders and so on have been
painstakingly unearthed to support either side.
Anyone concocting a resumé of enclosure such as
the one I present here cannot ignore E P
Thompson's warning: "A novice in agricultural
history caught loitering in those areas with
intent would quickly be despatched."2
But over the last three decades, the enclosure
debate has been swept up in a broader discourse
on the nature of common property of any kind. The
overgrazing of English common land has been held
up as the archetypal example of the "tragedy of
the commons" the fatal deficiency that a
neoliberal intelligentsia holds to be inherent in
all forms of common property. Attitudes towards
enclosures in the past were always ideologically
charged, but now any stance taken towards them
betrays a parallel approach to the crucial issues
of our time: the management of global commons and
the conflict between the global and the local,
between development and diversity.
Those of us who have not spent a lifetime
studying agricultural history should beware of
leaping to convenient conclusions about the past,
for nothing is quite what it seems. But no one
who wishes to engage with the environmental
politics of today can afford to plead agnostic on
the dominant social conflict of our recent past.
The account of enclosure that follows is offered
with this in mind, and so I plead guilty to "loitering with intent".
The Tragedy of the Commons
In December 1968 Science magazine published a
paper by Garrett Hardin entitled "The Tragedy of
the Commons".3 How it came to be published in a
serious academic journal is a mystery, since its
central thesis, in the author's own words, is
what "some would say is a platitude", while most
of the paper consists of the sort of socio-babble
that today can be found on the average blog. The
conclusion, that "the alternative of the commons
is too horrifying to contemplate," is about as
far removed from a sober scientific judgment as one could imagine.
Yet "The Tragedy of the Commons" became one of
the most cited academic papers ever published and
its title a catch phrase. It has framed the
debate about common property for the last 30
years, and has exerted a baleful influence upon
international development and environmental
policy, even after Hardin himself admitted that
he had got it wrong, and rephrased his entire theory.
But Hardin did get one thing right, and that is
the reason for the lasting influence of his
paper. He recognized that the common ownership of
land, and the history of its enclosure, provides
a template for understanding the enclosure of
other common resources, ranging from the
atmosphere and the oceans to pollution sinks and
intellectual property. The physical fences and
hedges that staked out the privateownership of
the fields of England, are shadowed by the
metaphorical fences that now delineate more
sophisticated forms of private property. That
Hardin misinterpreted the reasons and motives for
fencing off private property is regrettable, and
the overview of land enclosure in Britain that
follows is just one of many attempts to put the
record straight. But Hardin must nonetheless be
credited for steering the environmental debate
towards the crucial question of who owns the
global resources that are, undeniably, "a common treasury for all".
Hardin's basic argument (or "platitude") was that
common property systems allow individuals to
benefit at a cost to the community, and therefore
are inherently prone to decay, ecological
exhaustion and collapse. Hardin got the idea for
his theory from the Oxford economist, the Rev
William Forster Lloyd who in 1833 wrote:
"Why are the cattle on a common so puny and
stunted? Why is the common itself so bareworn and
cropped so differently from the adjoining
enclosures? If a person puts more cattle into his
own field, the amount of the subsistence which
they consume is all deducted from that which was
at the command of his original stock; and if,
before, there was no more than a sufficiency of
pasture, he reaps no benefit from the additional
cattle, what is gained one way, being lost in
another. But if he puts more cattle on a common,
the food which they consume forms a deduction
which is shared between all the cattle, as well
that of others as his own, and only a small part
of it is taken from his own cattle."5
This is a neat description, and anybody who has
lived in a communal situation will recognize
that, as an analogy of human behaviour, there is
more than a grain of truth in it: individuals
often seek to profit from communal largesse if
they can get away with it. Or as John Hales put
it in 1581, "that which is possessed of manie in
common is neglected by all." Hardin, however,
takes Lloyd's observation and transforms it by
injecting the added ingredient of "tragic" inevitability:
"The rational herdsman concludes that the only
sensible course for him to pursue is to add
another animal to his herd. And another; and
another . . . But this is the conclusion reached
by each and every rational herdsman sharing a
commons. Therein is the tragedy. Each man is
locked into a system that compels him to increase
his herd without limit in a world that is
limited. Ruin is the destination toward which all
men rush, each pursuing his own best interest in
a society that believes in the freedom of the
commons. Freedom in a commons brings ruin to all."
Having established that "the inherent logic of
the commons remorselessly generates tragedy",
Hardin then proceeds to apply this tragedy to
every kind of common property that he can think
of. From fish populations to national parks and
polluted streams to parking lots, wherever
resources are held in common, there lies the path
to over-exploitation and ruin, from which, he
suggests, there is one preferred route of escape:
"the Tragedy of the Commons, as a food basket, is
averted by private property, or something formally like it."
Hardin continues:
"An alternative to the commons need not be
perfectly just to be preferable. With real estate
and other material goods, the alternative we have
chosen is the institution of private property
coupled with legal inheritance. Is this system
perfectly just? . . . We must admit that our
legal system of private property plus inheritance
is unjust but we put up with it because we are
not convinced, at the moment, that anyone has
invented a better system. The alternative of the
commons is too horrifying to contemplate.
Injustice is preferable to total ruin."
To be fair to Hardin, most of the above was
incidental to his main point which was the need
for population control. But it was music to the
ears of free market economists who were convinced
that private property rights were the solution to
every social ill. A scientific, peer-reviewed,
mathematical formula proving that common property
led inexorably to ruin, and postulating that
privatization, even unjust privatization, was the
solution and all encapsulated under the neat
title of Tragedy of the Commons what could be
better? From the 1970s to the 1990s Hardin's
Tragedy was picked up by right wing theorists and
neo-colonial development agencies, to justify
unjust and sometimes ruinous privatization
schemes. In particular, it provided agencies such
as the World Bank and marine economists with the
rationale for the enclosure and privatization of
fisheries through the creation, sale and trade of quotas.6
But as well as being one of the most cited
papers, it was also one of the most heavily
criticized, particularly by anthropologists and
historians who cited innumerable instances where
limited common resources were managed
satisfactorily. What Hardin's theory overlooks,
said E P Thompson "is that commoners were not
without commonsense."7 The anthropologist Arthur
McEvoy made the same point, arguing that the
Tragedy "misrepresents the way common lands were
used in the archetypal case" (ie England before enclosure):
"English farmers met twice a year at manor court
to plan production for the coming months. On
those occasions they certainly would have
exchanged information about the state of their
lands and sanctioned those who took more than
their fair share from the common pool . . . The
shortcoming of the tragic myth of the commons is
its strangely unidimensional picture of human
nature. The farmers on Hardin's pasture do not
seem to talk to one another. As individuals, they
are alienated, rational, utility-maximizing
automatons and little else. The sum total of
their social life is the grim, Hobbesian struggle
of each against all, and all together against the
pasture in which they are trapped."8
Faced with a barrage of similar evidence about
both historical and existing commons, Hardin in
the early 1990s, retracted his original thesis, conceding:
"The title of my 1968 paper should have been 'The
Tragedy of the Unmanaged Commons' . . . Clearly
the background of the resources discussed by
Lloyd (and later by myself) was one of
non-management of the commons under conditions of scarcity."9
In fact, this background wasn't clear at all,
since it makes a nonsense of the idea of an
inexorable tragedy. If degradation results from
non-management and collapse can be averted by
sound management, then there can be no
"remorseless logic" leading to inevitable "ruin".
Nor is there any reason why a private property
regime (particularly an unjust one) should
necessarily be preferable to the alternative of
maintaining sound management of a commonly owned resource.
But even within the confined parameters of
Hardin's "Hobbesian struggle of each against
all", one wonders whether he has got it right. Is
it really economically rational for a farmer to
go on placing more and more stock on the pasture?
If he does so, he will indeed obtain a higher
return relative to his colleagues, but he will
get a lower return relative to his capital
investment in livestock; beyond a certain level
of degradation he would be wiser to invest his
money elsewhere. Besides and this is a critical
matter in pre-industrial farming systems only a
small number of wealthy farmers are likely to be
able to keep sufficient stock through the winter
to pursue this option. The most "rational"
approach for powerful and unscrupulous actors is
not to accrue vast herds of increasingly decrepit
animals; it is to persuade everybody else that
common ownership is inefficient (or even leads
remorselessly to ruin) and therefore should be
replaced with a private property system, of which
they will be the beneficiaries. And of course the
more stock they pile onto the commons, the more
it appears that the system isn't working.10
The following account provides a generalized
overview of the forces that led to inequitable
reallocation of once communal resources. The
over-exploitation of poorly regulated commons, as
described by William Lloyd, certainly played a
role at times, but there is no evidence, from
Hardin or anyone else, that degradation of the
land was inevitable or inexorable. At least as
prominent in the story is the prolonged assault
upon the commons by those who wanted to establish
ownership for their own private gain together
with the ideological support from the likes of
Lloyd and Hardin that has been used to clothe
what otherwise often looks like naked acquisitiveness.
The Open Field System
Private ownership of land, and in particular
absolute private ownership, is a modern idea,
only a few hundred years old. "The idea that one
man could possess all rights to one stretch of
land to the exclusion of everybody else" was
outside the comprehension of most tribespeople,
or indeed of medieval peasants. The king, or the
Lord of the Manor, might have owned an estate in
one sense of the word, but the peasant enjoyed
all sorts of so-called "usufructory" rights which
enabled him, or her, to graze stock, cut wood or
peat, draw water or grow crops, on various plots
of land at specified times of year.
The open field system of farming, which dominated
the flatter more arable central counties of
England throughout the later medieval and into
the modern period, is a classic common property
system which can be seen in many parts of the
world. The structure of the open fields system in
Britain was influenced by the introduction of the
caruca a large wheeled plough, developed by the
Gauls, which was much more capable of dealing
with heavy English clay soils than the
lightweight Roman aratrum (Fr araire ). The
caruca required a larger team of oxen to pull it
as many as eight on heavy soils and was
awkward to turn around, so very long strips were
ideal. Most peasants could not afford a whole
team of oxen, just one or two, so maintaining an
ox team had to be a joint enterprise. Peasants
would work strips of land, possibly proportionate
to their investment in the ox team. The lands
were farmed in either a two or three course
rotation, with one year being fallow, so each
peasant needed an equal number of strips in each
section to maintain a constant crop year on year.
Furthermore, because the fields were grazed by
the village herds when fallow, or after harvest,
there was no possibility for the individual to
change his style of farming: he had to do what
the others were doing, when they did it,
otherwise his crops would get grazed by
everyone's animals. The livestock were also fed
on hay from communal meadows (the distribution of
hay was sometimes decided by an annual lottery
for different portions of the field) and on communal pastures.
The open field system was fairly equitable, and
from their analysis of the only remaining example
of open field farming, at Laxton, Notts, the
Orwins demonstrate that it was one where a lad
with no capital or land to his name could
gradually build up a larger holding in the communal land:
"A man may have no more than an acre or two, but
he gets the full extent of them laid out in long
"lands" for ploughing, with no hedgerows to
reduce the effective area, and to occupy him in
unprofitable labour. No sort of inclosure of the
same size can be conceived which would give him
equivalent facilities. Moreover he has his common
rights which entitle him to graze his stock all
over the 'lands' and these have a value, the
equivalent of which in pasture fields would cost
far more than he could afford to pay."11
In short, the common field system, rather
ingeniously, made economies of scale, including
use of a whopping great plough team, potentially
accessible to small scale farmers. The downside
was a sacrifice of freedom (or "choice" as it is
now styled), but that is in the nature of
economies of scale when they are equitably
distributed and when they are inequitably
distributed some people have no choice at all.
The open field system probably offered more
independence to the peasant than a New World
latifundia, or a fully collectivized communist
farm. One irony of these economies of scale is
that when large-scale machinery arrived, farmers
who had enclosed open fields had to start ripping out their hedges again.
It is hard to see how Harding's Tragedy of the
Commons has any bearing upon the rise and fall of
this open field system. Far from collapsing as a
result of increased population, the development
of open field systems often occurred quite late
in the Middle Ages, and may even have been a
response to increasing population pressure,
according to a paper by Joan Thirsk.12 When there
was plenty of uncultivated land left to clear,
people were able to stake out private plots of
land without impinging too much upon others; when
there was less land to go round, or when a single
holding was divided amongst two or three heirs,
there was pressure to divide arable land into
strips and manage it semi-collectively.
The open fields were not restricted to any one
kind of social structure or land tenure system.
In England they evolved under Saxon rule and
continued through the era of Norman serfdom.
After the Black Death serfdom gave way to
customary land tenure known as copyhold and as
the moneyeconomy advanced this in turn gave way
to leasehold. But none of these changes appeared
to diminish the effectiveness of the open field
system. On the other hand, in Celtic areas, and
in other peripheral regions that were hilly or
wooded, open fields were much less widespread,
and enclosure of private fields occurred earlier
(and probably more equitably) than it did in the central arable counties.
However, open fields were by no means restricted
to England. Being a natural and reasonably
equitable expression of a certain level of
technology, the system was and still is found in
many regions around the world. According to one
French historian, "it must be emphasised that in
France, open fields were the agricultural system
of the most modernised regions, those which
Quesnay cites as regions of 'high farming'."13
There are reports of similar systems of open
field farming all over the world, for example in
Anatolia, Turkey in the 1950s; and in Tigray,
Ethiopia where the system is still widespread. In
one area, in Tigray, Irob, "to avoid profiteering
by ox owners of oxenless landowners, ox owners
are obliged to first prepare the oxenless
landowners' land and then his own. The oxenless
landowners in return assist by supplying feed for
the animals they use to plough the land."14
Sheep Devour People
However, as medieval England progressed to
modernity, the open field system and the communal
pastures came under attack from wealthy
landowners who wanted to privatize their use. The
first onslaught, during the 14th to 17th
centuries, came from landowners who converted
arable land over to sheep, with legal support
from the Statute of Merton of 1235. Villages were
depopulated and several hundred seem to have
disappeared. The peasantry responded with a
series of ill fated revolts. In the 1381
Peasants' Revolt, enclosure was an issue, albeit
not the main one. In Jack Cade's rebellion of
1450 land rights were a prominent demand.15 By
the time of Kett's rebellion of 1549 enclosure
was a main issue, as it was in the Captain Pouch
revolts of 1604-1607 when the terms "leveller"
and "digger" appeared, referring to those who
levelled the ditches and fences erected by enclosers.16
The first recorded written complaint against
enclosure was made by a Warwickshire priest, John
Rous, in his History of the Kings of England,
published around 1459-86.17 The first complaint
by a celebrity (and 500 years later it remains
the most celebrated denounciation of enclosure) was by Thomas More in Utopia:
"Your shepe that were wont to be so meke and
tame, and so smal eaters, now, as I heare saye,
be become so great devowerers and so wylde, that
they eate up and swallow down the very men them
selfes. They consume, destroye, and devoure whole
fields, howses and cities . . . Noble man
andgentleman, yea and certeyn Abbottes leave no
ground for tillage, thei inclose all into
pastures; they throw down houses; they pluck down
townes, and leave nothing standynge but only the
churche to be made a shepehowse."18
Other big names of the time weighed in with
similar views: Thomas Wolsey, Hugh Latimer,
William Tyndale, Lord Somerset and Francis Bacon
all agreed, and even though all of these were
later executed, as were Cade, Kett and Pouch
(they did Celebrity Big Brother properly in those
days), the Tudor and Stuart monarchs took note
and introduced a number of laws and commissions
which managed to keep a check on the process of
enclosure. One historian concludes from the
number of anti-enclosure commissions set up by
Charles I that he was "the one English monarch of
outstanding importance as an agrarian
reformer."19 But (as we shall see) Charles was
not averse to carrying out enclosures of his own.
The Diggers
A somewhat different approach emerged during the
English Revolution when Gerrard Winstanley and
fellow diggers, in 1649, started cultivating land
on St George's Hill, Surrey, and proclaimed a
free Commonwealth. "The earth (which was made to
be a Common Treasury of relief for all, both
Beasts and Men)" state the Diggers in their first
manifesto "was hedged into Inclosures by the
teachers and rulers, and the others were made
Servants and Slaves." The same pamphlet warned:
"Take note that England is not a Free people,
till the Poor that have no Land, have a free
allowance to dig and labour the Commons, and so
live as Comfortably as the Landlords that live in their Inclosures."20
The Diggers appear to be not so much a resistance
movement of peasants in the course of being
squeezed off the land, as an inspired attempt to
reclaim the land by people whose historical ties
may well have already been dissolved, some
generations previously. Like many radicals
Winstanley was a tradesman in the textile
industry. William Everard, his most prominent
colleague, was a cashiered army officer. It is
tempting to see the Diggers as the original "back
to the land" movement, a bunch of idealistic
drop-outs.21 Winstanley wrote so many pamphlets
in such a short time that one wonders whether he
had time to wield anything heavier than a pen.
Nevertheless during 1649 he was earning his money
as a hired cowherd; and no doubt at least some of
the diggers were from peasant backgrounds.
More to the point, the Diggers weren't trying to
stop "inclosures"; they didn't go round tearing
down fences and levelling ditches, like both
earlier and later rebels. In a letter to the head
of the army, Fairfax, Winstanley stated that if
some wished to "call the Inclosures [their] own
land . . . we are not against it," though this
may have been just a diplomatic gesture. Instead
they wanted to create their own alternative
Inclosure which would be a "Common Treasury of
All" and where commoners would have "the freedom
of the land for their livelihood . . . as the
Gentry hathe the benefit of their Inclosures".
Winstanley sometimes speaks the same language of
"improvement" as the enclosers, but wishes to see
its benefits extended to the poor rather than
reserved for wealthy: "If the wasteland of
England were manured by her children it would
become in a few years the richest, the strongest
and the most flourishing land in the world".22 In
some ways the Diggers foreshadow the
smallholdings and allotments movements of the
late 19th and 20th century and the partageux of
the French revolution poor peasants who
favoured the enclosure of commons if it resulted
in their distribution amongst the landless.
It is slightly surprising that the matter of 50
or so idealists planting carrots on a bit of
wasteland and proclaiming that the earth was a
"Common Treasury" should have attracted so much
attention, both from the authorities at the time,
and from subsequent historians and campaigners.
200 years before, at the head of his following of
Kentish peasants (described by Shakespeare as
"the filth and scum of Kent") Jack Cade persuaded
the first army dispatched by the king to pack up
and go home, skilfully evaded a second army of
15,000 men led by Henry VI himself, and then
defeated a third army, killing two of the king's
generals, before being finally apprehended and
beheaded. Although pictured by the sycophantic
author of Henry VI Part II as a brutal and
blustering fool with pretensions above his
station, Cade was reported by contemporaries to
be "a young man of goodlie stature and right
pregnant of wit".23 He is potentially good
material for a romantic Hollywood blockbuster
starring Johnny Depp, whereas Winstanley (who has
had a film made about him), after the Digger
episode, apparently settled into middle age as a
Quaker, a church warden and finally a chief constable.24
The Blacks
Winstanley and associates were lucky not to die
on the scaffold. The habit of executing
celebrities was suspended during the Interregnum
after the beheading of Charles I, anyone else
would have been an anticlimax. Executions were
resumed (but mainly for plebs, not celebs)
initially by Judge Jeffries in his Bloody Assizes
in 1686 and subsequently some 70 years later with
the introduction of the Black Acts.
The Black Acts were the vicious response of prime
minister Walpole and his cronies to increasing
resistance to the enclosure of woodlands. The
rights of commoners to take firewood, timber and
game from woodlands, and to graze pigs in them,
had been progressively eroded for centuries: free
use of forests and abolition of game laws was one
of the demands that Richard II agreed to with his
fingers crossed when he confronted Wat Tyler
during the 1381 Peasants Revolt.25 But in the
early 18th century the process accelerated as
wealthy landowners enclosed forests for parks and
hunting lodges, dammed rivers for fishponds, and
allowed their deer to trash local farmer's crops.
Commoners responded by organizing vigilante bands
which committed ever more brazen acts of
resistance. One masked gang, whose leader styled
himself King John, on one morning in 1721, killed
11 deer out of the Bishop's Park at Farnham and
rode through Farnham market with them at 7 am in
triumph. On another occasion when a certain Mr
Wingfield started charging poor people for
offcuts of felled timber which they had
customarily had for free, King John and his merry
men ring-barked a plantation belonging to
Wingfield, leaving a note saying that if he
didn't return the money to the peasants, more
trees would be destroyed. Wingfield paid up. King
John could come and go as he pleased because he
had local support on one occasion, to refute a
charge of Jacobinism, he called the 18th century
equivalent of a press-conference near an inn on
Waltham Chase. He turned up with 15 of his
followers, and with 300 of the public assembled,
the authorities made no attempt to apprehend him.
He was never caught, and for all we know also
eventually became a chief constable.26
Gangs such as these, who sooted their faces, both
as a disguise and so as not to be spotted at
night, were known as "the blacks", and so the
legislation introduced two years later in 1723
was known as the Black Act. Without doubt the
most viciously repressive legislation enacted in
Britain in the last 400 years, this act
authorized the death penalty for more than 50
offences connected with poaching. The act stayed
on the statute books for nearly a century,
hundreds were hanged for the crime of feeding
themselves with wild meat, and when the act was
finally repealed, poachers were, instead,
transported to the Antipodes for even minor offences.
This episode in English history lives on in folk
songs, such as Geordie and Van Dieman's Land. The
origins of the Black Act, and in particular the
exceptional unpleasantness of prime minister
Walpole, are superbly recounted in E P Thompson's
Whigs and Hunters. Resistance to forest enclosure
was by no means confined to England. In France
there was mass resistance to the state's
take-over of numerous communal forests: in the
Ariège, the Guerre des Demoiselles involved
attacks by 20 or 30, and on occasion even up to
800 peasants, disguised as women.23 In Austria,
the "war of the mountains" between poachers and
the gamekeepers of the Empire continued for
centuries, the last poacher to be shot dead being Pius Walder in 1982.24
Draining the Fens
Another area which harboured remnants of a hunter
gatherer economy was the fenland of Holland in
south Lincolnshire, and the Isle of Axholme in
the north of the county. Although the main earner
was the summer grazing of rich common pastures
with dairy cattle, horses and geese, in winter,
when large tracts of the commons were inundated,
fishing and fowling became an important source of
income, and for those with no land to keep beasts
on over winter it was probably a main source of
income. During the Middle Ages, Holland was well
off its tax assessment per acre was the third
highest in the kingdom in 1334 and this wealth
was relatively equitably distributed with "a
higher proportion of small farmers and a lower
proportion of very wealthy ones".29
In the early 1600s, the Stuart kings James I and
Charles I, hard up for cash, embarked on a policy
of draining the fenland commons to provide
valuable arable land that would yield the crown a
higher revenue. Dutch engineers, notably
Cornelius Vermuyden, were employed to undertake
comprehensive drainage schemes which cost the
crown not a penny, because the developers were
paid by being allocated a third of the land enclosed and drained.
The commoners' resistance to the drainage schemes
was vigorous. A 1646 pamphlet with the title The
Anti-Projector must be one of the earliesr grass
roots denunciations of a capitalist development
project, and makes exactly the same points that
indigenous tribes today make when fighting corporate land grabs:
"The Undertakers have alwaies vilified the fens,
and have misinformed many Parliament men, that
all the fens is a meer quagmire, and that it is a
level hurtfully surrounded and of little or no
value: but those who live in the fens and are
neighbours to it, know the contrary."
The anonymous author goes on to list the benefits
of the fens including: the "serviceable horses",
the "great dayeries which afford great store of
butter and cheese", the flocks of sheep, the
"osier, reed and sedge", and the "many thousand
cottagers which live on our fens which must
otherwise go a begging." And he continues by
comparing these to the biofuels that the
developers proposed to plant on the newly drained land:
"What is coleseed and rape, they are but Dutch
commodities, and but trash and trumpery and pills
land, in respect of the fore-recited commodities
which are the rich oare of the Commonwealth."30
The commoners fought back by rioting, by
levelling the dikes, and by taking the engineers
to court. Their lawsuits were paid for "out of a
common purse to which each villager contributed
according to the size of the holding", though
Charles I attempted to prevent them levying money
for this purpose, and to prosecute the
ringleaders. However, Charles' days were
numbered, and when civil war broke out in the
1640s, the engineering project was shelved, and
the commoners reclaimed all the fen from the
developers. In 1642 Sir Anthony Thomas was driven
out of East and West Fens and the Earl of Lyndsey
was ejected from Lyndsey Level. In 1645 all the
drainers' banks in Axholme were destroyed. And
between 1642 and 1649 the Crown's share of
fenland in numerous parishes was seized by the
inhabitants, and returned to common.
Just over a century later, from 1760, the
drainers struck again, and this time they were
more successful. There was still resistance in
the form of pamphlets, riots, rick-burning etc.
But the high price of corn worked in favour of
those who wanted to turn land over to arable. And
there was less solidarity amongst commoners,
because, according to Joan Thirsk, wealthy
commoners who could afford to keep more animals
over winter (presumably because of agricultural
improvements) were overstocking the commons:
"The seemingly equitable system of sharing the
commons among all commoners was proving far from
equitable in practice . . . Mounting discontent
with the existing unfair distribution of common
rights weakened the opponents of drainage and strengthened its supporters."
Between 1760 and 1840 most of the fens were
drained and enclosed by act of parliament. The
project was not an instant success. As the land
dried out it shrunk and lowered against the water
table, and so became more vulnerable to flooding.
Pumping stations had to be introduced, powered
initially and unsuccessfully by windmills, then
by steam engines, and now the entire area is kept
dry thanks to diesel. Since drainage eventually
created one of the most productive areas of
arable farmland in Britain, it would be hard to
argue that it was not an economic improvement;
but the social and environmental consequences
have been less happy. Much of the newly
cultivated land lay at some distance from the
villages and was taken over by large landowners;
it was not unusual to find a 300 acre holding
without a single labourers' cottage on it.
Farmers therefore developed the gang-labour
system of employment that exists to this day:
"The long walk to and from work . . . the rough
conditions of labour out of doors in all
weathers, the absence of shelter for eating, the
absence of privacy for performing natural
functions and the neglect of childrens'
schooling, combined to bring up an unhappy,
uncouth and demoralized generation."
The 1867 Gangs Act was introduced to prohibit the
worst abuses; yet in 2004, when the Gangmasters
Licensing Act was passed (in the wake of the
Morecambe Bay cockle pickers tragedy), the
government was still legislating against the
evils of this system of employment. But even if
large landowners were the main beneficiaries,
many of the fenland smallholders managed to exact
some compensation for the loss of their commons,
and what they salvaged was productive land. The
smallholder economy that characterized the area
in medieval times survived, so that in 1870, and
again in 1937, more than half of the agricultural
holdings were less than 20 acres. In the 1930s
the "quaint distribution of land among a
multitude of small owners, contrary to
expectations, had helped to mitigate the effects of the depression."
Scottish Clearances
By the end of the 18th century the incentive to
convert tilled land in England over to pasture
was dying away. There were a number of reasons
for this. Firstly, the population was beginning
to rise rapidly as people were displaced from the
land and ushered into factory work in towns, and
so more land was required for producing food.
Secondly, cotton imported from the US and India,
was beginning to replace English wool. And
thirdly, Scotland had been united with England
and its extensive pastures lay ready to be "devowered by shepe".
The fact that these lands were populated by
Highland clansmen presented no obstacle. In a
process that has become known as the Clearances,
thousands of Highlanders were evicted from their
holdings and shipped off to Canada, or carted off
to Glasgow to make way for Cheviot sheep. Others
were concentrated on the West coast to work
picking kelp seaweed, then necessary for the soap
and glass industry, and were later to form the
nucleus of the crofting community. Some cottagers
were literally burnt out of house and home by the
agents of the Lairds. This is from the account of
Betsy Mackay, who was sixteen when she was
evicted from the Duke of Sutherland's estates:
"Our family was very reluctant to leave and
stayed for some time, but the burning party came
round and set fire to our house at both ends,
reducing to ashes whatever remained within the
walls. The people had to escape for their lives,
some of them losing all their clothes except what
they had on their back. The people were told they
could go where they liked, provided they did not
encumber the land that was by rights their own.
The people were driven away like dogs."31
The clearances were so thorough that few people
were even left to remember, and the entire
process was suppressed from collective memory,
until its history was retold, first by John
Prebble in The Highland Clearances, and
subsequently by James Hunter in The Making of the
Crofting Community. When Prebble's book appeared,
the Historiographer Royal for Scotland Professor Gordon Donaldson commented:
"I am sixty-eight now and until recently had
hardly heard of the Highland Clearances. The
thing has been blown out of proportion."32
But how else can one explain the underpopulation
of the Highlands? The region's fate was
poignantly described by Canadian Hugh Maclennan
in an essay called "Scotchman's Return":
"The Highland emptiness only a few hundred miles
above the massed population of England is a far
different thing from the emptiness of our North
West territories. Above the 60th parallel in
Canada, you feel that nobody but God had ever
been there before you. But in a deserted Highland
glen, you feel that everyone who ever mattered is dead and gone."33
Parliamentary Enclosures
The final and most contentious wave of land
enclosures in England occurred between about 1750
and 1850. Whereas the purpose of most previous
enclosures had been to turn productive arable
land into less productive (though more privately
lucrative) sheep pasture, the colonization of
Scotland for wool, and India and the Southern US
states for cotton now prompted the advocates of
enclosure to play a different set of cards: their
aim was to turn open fields, pastures and
wastelands everything in fact into more
productive arable and mixed farm land. Their
byword was "improvement". Their express aim was
to increase efficiency and production and so both
create and feed an increasingly large proletariat
who would work either as wage labourers in the
improved fields, or as machine minders in the factories.
There is, unfortunately, no book that takes for
its sole focus of study the huge number of
pamphlets, reports and diatribes often with
stirring titles like Inclosure thrown Open or
Crying Sin of England in not Caring for the Poor
which were published by both supporters and
critics of enclosure in the 17th, 18th and early 19th centuries.34
The main arguments of those in favour of enclosure were:
(i) that the open field system prevented
"improvement", for example the introduction of
clover, turnips and four course rotations,
because individuals could not innovate;
(ii) that the waste lands and common pastures
were "bare-worn" or full of scrub, and overstocked with half-starved beasts;
(iii) that those who survived on the commons were
(a) lazy and (b) impoverished (in other words
"not inclined to work for wages"), and that
enclosure of the commons would force them into employment.
The main arguments of those against enclosure were:
(i) that the common pastures and waste lands were
the mainstay of the independent poor; when they
were overgrazed, that was often as a result of
overstocking by the wealthiest commoners who were
the people agitating for enclosure
(ii) that enclosure would engross already wealthy
landowners, force poor people off the land and
into urban slums, and result in depopulation.
The question of agricultural improvement has been
exhaustively assessed with the benefit of
hindsight, and this account will come back to it
later. At the time the propaganda in favour of
enclosure benefited considerably from state
support. The loudest voice in support of
improvement, former farmer Arthur Young (a
classic example of the adage that those who can,
do those who can't become consultants) was made
the first Secretary of Prime Minister William
Pitt's new Board of Agriculture, which set about
publishing, in 1793, a series of General Views on
the Agriculture of all the shires of England. The
Board "was not a Government department, like its
modern namesake, but an association of gentlemen,
chiefly landowners, for the advancement of
agriculture, who received a grant from the
government." Tate observes: "The ninety odd
volumes are almost monotonous in their
reiteration of the point that agricultural
improvement has come through enclosure and that
more enclosure must take place."35
Whilst the view that enclosure hastened
improvement may well have been broadly correct,
it is nonetheless fair to call these reports
state propaganda. When Arthur Young changed his
opinion, in 1801, and presented a report to the
Board's Committee showing that enclosure had
actually caused severe poverty in numerous
villages, the committee (after sitting on the
report for a month) "told me I might do what I
pleased with it for myself, but not print it as a
work for the Board. . . probably it will be
printed without effect."36 Young was not the only
advocate of enclosure to change his mind: John
Howlett was another prominent advocate of
enclosure who crossed the floor after seeing the misery it caused.
Between 1760 and 1870, about 7 million acres
(about one sixth the area of England) were
changed, by some 4,000 acts of parliament, from
common land to enclosed land.37 However necessary
this process might or might not have been for the
improvement of the agricultural economy, it was
downright theft. Millions of people had customary
and legal access to lands and the basis of an
independent livelihood was snatched away from
them through what to them must have resembled a
Kafkaesque tribunal carried out by members of the
Hellfire Club. If you think this must be a
colourful exaggeration, then read J L and Barbara
Hammonds' accounts of Viscount "Bully"
Bolingbroke's attempt to enclose Kings' Sedgmoor
to pay off his gambling debts: "Bully," wrote the
chairman of the committee assessing the proposal,
"has a scheme of enclosure which if it succeeds,
I am told will free him of all his difficulties";
or of the Spencer/Churchill's proposal, in the
face of repeated popular opposition, to enclose
the common at Abingdon (see box p 26).38 And if
you suspect that the Hammond's accounts may be
extreme examples (right wing historians are
rather sniffy about the Hammonds)39 then look at
the map provided by Tate showing the constituency
of MPs who turned up to debate enclosure bills
for Oxfordshire when they came up in parliament.
There was no requirement, in the parliament of
the day, to declare a "conflict of interest".
Out of 796 instances of MPs turning up for any of
the Oxfordshire bills, 514 were Oxfordshire MPs,
most of whom would have been landowners.40
To make a modern analogy, it was as if Berkeley
Homes, had put in an application to build housing
all over your local country park, and when you
went along to the planning meeting to object, the
committee consisted entirely of directors of
Berkeley, Barretts and Bovis and there was no
right of appeal. However, in contrast to the
modern rambler, the commoners lost not only their
open space and their natural environment (the
poems of John Clare remind us how significant
that loss was); they also lost one of their
principal means of making a living. The
"democracy" of late 18th and early 19th century
English parliament, at least on this issue,
proved itself to be less answerable to the needs
of the common man than the dictatorships of the
Tudors and Stuarts. Kings are a bit more detached
from local issues than landowners, and, with this
in mind, it may not seem so surprising that
popular resistance should often appeal to the
King for justice. (A similar recourse can be seen
in recent protests by Chinese peasants, who
appeal to the upper echelons of the Communist
Party for protection against the expropriation of
collective land by corrupt local officials).
Allotments and Smallholdings
Arthur Young's 1801 report was called An Inquiry
into the Propriety of Applying Wastes to the
Maintenance and Support of the Poor. Young,
Howlett, David Davies, and indeed most of those
who were concerned for the future welfare of the
dispossessed (whether or not they approved of
enclosure), argued that those who lost commons
rights should be compensated with small enclosures of their own.
The losers in the process of enclosure were of
two kinds. First there were the landless, or
nearly so, who had no ownership rights over the
commons, but who gained a living from commons
that were open access, or where a measure of
informal use was tolerated. These people had few
rights, appeared on no records, and received
nothing in compensation for the livelihood they
lost. But there was also a class of smallholders
who did have legal rights, and hence were
entitled to compensation. However, the amount of
land they were allocated "was often so small,
though in strict legal proportion to the amount
of their claim, that it was of little use and
speedily sold." Moreover, the considerable legal,
surveying, hedging and fencing costs of enclosure
were disproportionate for smaller holdings. And
on top of that, under the "Speenhamland" system
of poor relief, the taxes of the small landowner
who worked his own land, went to subsidize the
labour costs of the large farmers who employed
the landless, adding to the pressure to sell up to aggrandizing landowners.41
Since it was generally acknowledged that a rural
labourer's wages could not support his family,
which therefore had to be supported by the poor
rates, there were good arguments on all sides for
providing the dispossessed with sufficient land
to keep a cow and tend a garden. The land was
available. It would have made very little
impression upon the final settlement of most
enclosure acts if areas of wasteland had been
sectioned off and distributed as secure
decent-sized allotments to those who had lost
their common rights. In a number of cases where
this happened (for example in the village of
Dilhorn, or on Lord Winchelsea's estates), it was
found that cottagers hardly ever needed to apply
for poor relief. Moreover, it had been shown (by
research conducted by the Society for Bettering
the Condition of the Poor and the Labourer's
Friends Society) that smallholdings cultivated by
spade could be more productive than large farms cultivated by the plough.42
In the face of such a strong case for the
provision of smallholdings, it took a political
economist to come up with reasons for not
providing them. Burke, Bentham and a host of
lesser names, all of them fresh from reading Adam
Smith's Wealth of Nations, advised Pitt and
subsequent prime ministers that there was no way
in which the government could help the poor, or
anybody else, except by increasing the nation's
capital (or as we now say, its GDP). No kind of
intervention on behalf of the landless poor
should be allowed to disturb the "invisible hand"
of economic self interest even though the hand
that had made them landless in the first place
was by no means invisible, and was more like an
iron fist. At the turn of the century, the
Reverend Thomas Malthus waded in with his
argument that helping the poor was a waste of
time since it only served to increase the birth
rate a view which was lapped up by those
Christians who had all along secretly believed
that the rich should inherit the earth.
Ricardo's theory of rent was also pulled in to
bolster the arguments against providing
allotments. A common justification for enclosure
and attraction for landowners had always been
that rents rose doubled very often after
enclosure. This was blithely attributed to
improvement of the land, as though there could be
no other cause. Few gave much thought to the
possibility that an increase in rent would result
from getting rid of encumbrances, such as
commoners and their common rights (in much the
same way, that nowadays, a property increases in
value if sitting tenants can be persuaded to
leave, or an agricultural tie is removed). Rent
may show up on the GDP, but is an unreliable
indicator of productivity, as contemporary writer
Richard Bacon pointed out when he gave this
explanation (paraphrased here by Brian Inglis)
why landowners and economists were opposed to allotments:
"Suppose for argument's sake, 20 five-acre farms,
cultivated by spade husbandry, together were more
productive than a single 100-acre farm using
machinery. This did not mean that the landowners
would get more rent from them far from it. As
each 5 acre farm might support a farmer and his
family, the surplus available for tenants to pay
in rent would be small. The single tenant farmer,
hiring labourers when he needed them, might have
a lower yield, from his hundred acres, but he
would have a larger net profit and it was from
net profit that rent was derived. That was why
landlords preferred consolidation."43
Richard Bacon deserves applause for explaining
very clearly why capitalism prefers big farms and
forces people off the land. It is also worth
noting that the increased rent after enclosure
had to be subsidized by the poor rates the
taxes which landowners had to pay to support the
poor who were forced into workhouses.
Corn Laws, Cotton and County Farms
In 1846, after a fierce debate, the tariffs on
imported corn which helped maintain the price of
British grown wheat were repealed. The widespread
refusal to provide land for the dispossessed, and
the emergence of an urban proletariat who didn't
have the option of growing their own food, made
it possible for proponents of the free market to
paint their campaign for the repeal of the Corn
Laws as a humanitarian gesture. Cheap bread from
cheap imported corn was of interest to the
economists and industrialists because it made
wages cheaper; at the same time it was of benefit
to the hungry landless poor (provided wages
didn't decline correspondingly, which Malthus
claimed was what would happen). The combined
influence of all these forces was enough to get
tariffs removed from imported corn and open up
the UK market to the virgin lands of the New World.
The founders of the Anti Corn Law association
were John Bright, a Manchester MP and son of a
cotton mill owner, and Richard Cobden, MP for
Stockport and subsequently Rochdale. Their main
interest was in cheap corn in order to keep the
price of factory labour down, (Bright was opposed
to factory legislation and trade union rights);
but their most powerful argument was that only a
handful of landowners benefited from high prices.
It was in a belated attempt to prove the contrary
that in 1862 Lord Derby persuaded parliament to
commission a land registry; but the publication
in 1872 of the Return of Owners of Land,
confirmed that Bright and Cobden were broadly
right: 0.6 per cent of the population owned 98.5
per cent of the agricultural land.44
Had the labourers of Britain been rural
smallholders, rather than city slumdwellers, then
a high price for corn, and hence for agricultural
products in general, might have been more in
their interest, and it is less likely that the
corn laws would have been repealed. If England
had kept its peasantry (as most other European
countries did) there would have been fewer
landless labourers and abandoned children, wages
for factory workers might have been higher, and
the English cotton industry might not have been
so well poised to undercut and then destroy
thousands of local industries around the world
which produced textiles of astonishing
craftsmanship and beauty. By 1912 Britain, which
couldn't even grow cotton, was exporting nearly
seven billion yards of cotton cloth each year
enough to provide a suit of clothes for every man
woman and child alive in the world at the time.45
Globalization was a dominant force by the end of the 19th century.
Ironically, it was the same breed of political
economists who had previously advocated
improvement that was now arguing for grain
imports which would make these improvements
utterly pointless. The repeal had a delayed
effect because it was not until after the
construction of the trans-continental American
railways, in the 1870s, that cereals grown on
low-rent land confiscated from native Americans
could successfully undermine UK farming. By the
1880s the grain was also being imported in the
form of thousands of tonnes of refrigerated beef
which undercut home produced meat. There were
even, until the late 1990s, cheaper transport
rates within the UK for imported food than for
home-grown food.46 The lucky farm workers who
emigrated to the New World were writing back to
their friends and family in words such as these:
"There is no difficulty of a man getting land
here. Many will let a man have land with a few
acres improvement and a house on it without any deposit"
"I am going to work on my own farm of 50 acres,
which I bought at £55 and I have 5 years to pay
it in. I have bought me a cow and 5 pigs. If I
had stayed at Corsley I should ever have had nothing."47
Unable to compete with such low rents, England's
agricultural economy went into a decline from
which it never properly recovered. Conditions of
life for the remaining landless agricultural
workers deteriorated even further, while demand
for factory workers in the cities was not
expanding as it had done in the early 19th
century. Of the 320,000 acres enclosed between
1845 and 1869, just 2,000 had been allocated for
the benefit of labourers and cottagers.48
It was in this context that the call for
smallholdings and allotments was revived. "Three
Acres and A Cow" was the catch phrase coined by
liberal MP Jesse Collings, whose programme is
outlined in his book Land Reform. In 1913 the
parliamentary Land Enquiry Committee issued its
report The Land (no relation) which included
copious first hand evidence of the demand for and
the benefits of smallholdings. Both books focused
on the enclosure of commons as the prime source
of the problem.49 A series of parliamentary
statutes, from the 1887 Allotments Act, the 1892
Smallholding Act, and the 1908 Smallholding and
Allotments Act provided local authorities with
the power to acquire the land which now still
exists in the form of numerous municipal
allotments and the County Smallholdings Estate.
The County Smallholdings, in particular, came
under attack when a second wave of free market
ideologues came into power in the 1980s and
1990s. The Conservative Party's 1995 Rural White
Paper advocated selling off the County Farms, and
since then about a third of the estate has been
sold, though there are signs that the number of sales is declining.50
The End of Enclosure
The enclosure movement was brought to an end when
it started to upset the middle classes. By the
1860s, influential city-dwellers noticed that
areas for recreation were getting thin on the
ground. In the annual enclosure bills for 1869,
out of 6,916 acres of land scheduled for
enclosure, just three acres were allocated for
recreation, and six acres for allotments.51 A
protection society was formed, the Commons
Preservation Society, headed by Lord Eversley,
which later went on to become the Open Spaces
Society, and also spawned the National Trust. The
Society was not afraid to support direct action
tactics, such as the levelling of fences, and
used them successfully, in the case of Epping
Forest and Berkhampstead Common, to initiate
court cases which drew attention to their
cause.52 Within a few years the Society had
strong support in parliament, and the 1876
Commons Act ruled that enclosure should only take
place if there was some public benefit.
In any case, in the agricultural depression that
by 1875 was well established, improvement was no
longer a priority, and in the last 25 years of
the 19th century only a handful of parliamentary
enclosures took place. Since then, the greatest
loss of commons has probably been as a result of
failure to register under the 1965 Commons Registration Act.
In some case commons went on being used as such
wellafter they had been legally enclosed, because
in the agricultural slump of the late 19th
century, landowners could see no profit in
improvement. George Bourne describes how in his
Surrey village, although the common had been
enclosed in 1861, the local landless were able to
continue using it informally until the early
years of the 20th century. What eventually kicked
them out was not agricultural improvement, but
suburban development but that is another story. Bourne comments:
"To the enclosure of the common more than to any
other cause may be traced all the changes that
have subsequently passed over the village. It was
like knocking the keystone out of an arch. The
keystone is not the arch; but once it is gone all
sorts of forces previously resisted, begin to operate towards ruin."53
The Verdict of Modern Historians
The standard interpretation of enclosure, at
least 18th-19th century enclosure, is that it was
"a necessary evil, and there would have been less
harm in it if the increased dividend of the
agricultural world had been fairly
distributed."54 Nearly all assessments are some
kind of variation on this theme, with weight
placed either upon the need for "agricultural
improvement" or upon the social harm according to
the ideological disposition of the writer. There
is no defender of the commons who argues that
enclosure did not provide, or at least hasten,
some improvements in agriculture (the Hammonds
ignore the issue and focus on the injustices);
and there is no supporter of enclosure who does
not concede that the process could have been carried out more equitably.
Opinion has shifted significantly in one or two
respects. The classic agricultural writers of the
1920s, such as Lord Ernle, considered that
agricultural improvements the so-called
agricultural revolution had been developed by
large-scale progressive farmers in the late 1800s
and that enclosure was an indispensable element
in allowing these innovators to come to the
fore.47 In the last 30 years a number of
historians have shown that innovation was
occurring throughout the preceding centuries, and
that it was by no means impossible, or even
unusual, for four course rotations, and new crops
to be introduced into the open field system. In
Hunmanby in Yorkshire a six year system with a
two year ley was introduced. At Barrowby, Lincs,
in 1697 the commoners agreed to pool their common
pastures and their open fields, both of which had
become tired, and manage them on a twelve year
cycle of four years arable and eight years ley. 55
Of course it might well take longer for a
state-of-the-art farmer to persuade a majority of
members of a common field system to switch over
to experimental techniques, than it would to
strike out on his own. One can understand an
individual's frustration, but from the
community's point of view, why the hurry?
Overhasty introduction of technical improvements
often leads to social disruption. In any case, if
we compare the very minimal agricultural
extension services provided for the improvement
of open field agriculture to the loud voices in
favour of enclosure, it is hard not to conclude
that "improvement" served partly as a Trojan
horse for those whose main interest was consolidation and engrossment of land.
A main area of contention has been the extent to
which enclosure was directly responsible for
rural depopulation and the decline of small
farmers. A number of commentators (eg Gonner,
Chambers and Minguay) have argued that these
processes were happening anyway and often cannot
be directly linked to enclosure. More recently
Neeson has shown that in Northants, the
disappearance of smallholders was directly linked
to enclosure, and she has suggested that the
smaller kinds of commoner, particularly landless
and part-time farmers, were being defined out of the equation.56
But these disputes, like many others thrown up by
the fact that every commons was different, miss
the bigger picture. The fact is that England and
Wales' rural population dived from 65 per cent of
the population in 1801 to 23 per cent in 1901;
while in France 59 per cent of the population
remained rural in 1901, and even in 1982, 31 per
cent were country dwellers. Between 1851 and 1901
England and Wales' rural population declined by
1.4 million, while total population rose by 14.5
million and the urban population nearly
tripled.57 By 1935, there was one worker for
every 12 hectares in the UK, compared to one
worker for every 4.5 hectares in France, and one
for every 3.4 hectares across the whole of Europe.58
Britain set out, more or less deliberately, to
become a highly urbanized economy with a large
urban proletariat dispossessed from the
countryside, highly concentrated landownership,
and farms far larger than any other country in
Europe. Enclosure of the commons, more advanced
in the UK than anywhere else in Europe, was not
the only means of achieving this goal: free trade
and the importing of food and fibre from the New
World and the colonies played a part, and so did
the English preference for primogeniture
(bequeathing all your land to your eldest son).
But enclosure of common land played a key role in
Britain's industrialization, and was consciously
seen to do so by its protagonists at the time.
The Tragedy
The above account of the enclosure of the English
commons is given for its own sake; but also
because the management of English common pasture
is the starting point of Hardin's thesis, so it
is against the tapestry of English commons rights
and the tortuous process of their enclosure that
Hardin's formulaic tragedy may initially be judged.
Hardin's theory springs from the observation that
common pastures allowed individuals to benefit
from overstocking at the community's expense, and
therefore were inherently prone to ecological
exhaustion and ultimately "ruin". Without doubt
there were common pastures which matched the
description given by William Lloyd, as amplified
by Hardin. But the salient fact that emerges from
the copious historical studies that have been
compiled from local field orders, land tax
returns, enclosure awards and so on, is that 18th
century commons and common pastures were about as
different, one from another, as farms are today.
Many were managed according to very detailed
rules set by the local manorial court regulating
stocking levels (or "stints"), manuring, disease
control and so forth; but these rules varied
considerably from one village to another. In some
places they were found to be more necessary, or
were more scrupulously observed than they were in others.
There were indeed "unstinted" commons where there
was little control upon the number of animals,
though this did not invariably result in
impoverishment (see box p26); and there were
others where stints were not applied properly, or
commoners took advantage of lax or corrupt
management to place as many animals on the common
as they could at the common expense. Where there
was overstocking, according to Gonner, this was
"largely to the advantage of rich commoners or
the Lord of the manor, who got together large
flocks and herds and pastured them in the common
lands to the detriment of the poorer commoners .
. . The rich crowded their beasts on, and
literally eat out the poor." Time and again
historians on both sides of the ideological
divide come up with instances where overstocking
was carried out by one or two wealthy farmers at
the expense of the poorer commoners, who could
not overstock, even if they wanted to, because
they had not the means to keep large numbers of
animals over winter.59 Even advocates of
enclosure conceded that it was the wealthy
farmers who were causing the problems, as when Fitzherbert observed:
"Every cottage shall have his porcyon [portion,
ie plot of land] assigned to him according to his
rent, and then shall not the riche man oppress
the poore man with his catell, and every man
shall eate his owne close at his pleasure."60
This comes as no great surprise, but the presence
of powerful interest groups, possibly in a
position to pervert the management regime,
suggests a different scenario from that given by
Hardin of "rational herdsmen" each seeking to
maximise their individual gain. Hardin's
construct is like the Chinese game of go where
each counter has the same value; real life is
more like chess, where a knight or a bishop can outclass a pawn.
Perhaps there were instances where a profusion of
unregulated, "rational" yet unco-operative
paupers overburdened the commons with an
ever-increasing population of half-starved
animals, in line with Lloyd's scenario. But even
when there are reports from observers to this
effect we have to be careful, for one man's puny
and stunted beast is another man's hardy breed.
Stunting is another way of stinting. Lloyd was
writing at a time when stockbreeders were
obsessed with producing prize specimens that to
our modern eye appear grotesquely obese. In 1800,
the celebrated Durham Ox, weighing nearly 3000
pounds, made a triumphal tour of Britain, and two
years later about 2,000 people paid half a guinea
for an engraving of the same beast.61 To these
connoisseurs of fatstock, the commoners' house
cow must have appeared as skeletal as do the zebu
cattle of India and Africa in comparison to our
Belgian Blues and cloned Holsteins. Yet the zebus
provide a livelihood for hundreds of millions of
third world farmers, are well adapted to
producing milk, offspring, dung and traction from
sparse and erratic dryland pastures and poor
quality crop residues, and in terms of energy and
protein are more efficient at doing so.
Much the same may have been true of the
commoners' cows. According to J M Neeson a poor
cow providing a gallon of milk per day in season
brought in half the equivalent of a labourer's
annual wage. Geese at Otmoor could bring in the
equivalent of a full time wage (see box p26).
Commoners sheep were smaller, but hardier, easier
to lamb and with higher quality wool, just like
present day Shetlands, which are described by
their breed society as "primitive and
unimproved". An acre of gorse derided as
worthless scrub by advocates of improved pasture
was worth 45s 6d as fuel for bakers or lime
kilns at a time when labourers' wages were a
shilling a day.62 On top of that, the scrub or
marsh yielded innumerable other goods, including
reed for thatch, rushes for light, firewood,
peat, sand, plastering material, herbs,
medicines, nuts, berries, an adventure playground
for kids and more besides. No wonder the
commoners were "idle" and unwilling to take on
paid employment. "Those who are so eager for the
new inclosure," William Cobbett wrote,
"seem to argue as if the wasteland in its present
state produced nothing at all. But is this the
fact? Can anyone point out a single inch of it
which does not produce something and the produce
of which is made use of? It goes to the feeding
of sheep, of cows of all descriptions . . . and
it helps to rear, in health and vigour, numerous
families of the children of the labourers, which
children, were it not for these wastes, must be
crammed into the stinking suburbs of towns?"63
While the dynamic identified by Lloyd clearly
exists and may sometimes dominate, it represents
just one factor of many in a social system
founded on access to common property. Hardin's
Tragedy bears very little relationship to the
management of open fields, to the making of hay
from the meadows, or to various other common
rights such as gleaning, none of which are
vulnerable to the dynamic of competitive
overstocking. The only aspect of the entire
common land system where the tragedy has any
relevance at all is in the management of pasture
and wasteland; and here it is acknowledged by
almost all historians that commons managers were
only too aware of the problem, and had plenty of
mechanisms for dealing with it, even if they
didn't always put them into force. The instances
in which unstinted access to common pastures led
to overstocking no doubt played a role in
hastening eventual enclosure. But to attribute
the disappearance of the English commons to the
"remorseless workings" of a trite formula is a
travesty of historical interpretation, carried
out by a theorist with a pet idea, who knew
little about the subject he was writing about.
Private Interest and Common Sense
Any well-structured economy will allocate
resources communally or privately according to
the different functions they perform. The main
advantage of common ownership is equity,
particularly in respect of activities where there
are economies of scale; the main advantage of
private ownership is freedom, since the use of
goods can be more directly tailored to the needs of the individual.
The open field system of agriculture, which until
recently was the dominant arable farming system
throughout much of Europe, provided each family
with its own plot of land, within a communally
managed ecosystem. In villages where dairy was
prominent, management could shift back and forth
between individual and communal several times
throughout the course of the day. The system
described below was outlined by Daniel Defoe in
his observations on the Somerset town of
Cheddar4, but elements of it can be found throughout Europe.
PRIVATE In such a system cows are owned and
lodged by individual families, who milk them in
the morning, and provide whatever medicinal care
they see fit. There are no economies of scale to
be derived from milking centrally, and the milk
is accessible to consumers, fresh from the udder,
providing a substantial economy of distribution.
Each family also gets its share of the manure.
PUBLIC At an appointed time in the morning, a
communally appointed cowherd passes through the
village and the cows file out to make their way
to the common pasture. There are clear economies
of scale to be gained from grazing all the cows together.
PRIVATE In the evening the herd returns and cows
peel off one by one to their individual sheds,
where they are again milked. Their owners can
calibrate the amount of extra feed cows are given
to the amount of milk they require.
PUBLIC Milk surplus to domestic requirements is
taken to the creamery and made into cheese,
another process which benefits from economies of scale.
PRIVATE At Cheddar, families were paid with
entire cheeses, weighing a hundredweight or more,
which they could consume or market as they saw
fit. Unfortunately Defoe does not tell us what
happens to the whey from the creamery, which presumably was given to pigs.
This elegant system paid scant allegiance to
ideology it evolved from the dialogue between
private interest and common sense.
Otmoor Forever
Otmoor Common near Oxford, a wetland that some
viewed as a "a dreary waste", was a "public
common without stint . . . from remote antiquity"
in other words local people could put as many
livestock as they wanted on it. Even so, summer
grazing there for a cow was estimated to be worth
20 shillings; and a contemporary observer
reported a cottager could sometimes clear £20 a
year from running geese there more than the
seven shillings a week they might expect as a
labourer. On the other hand, an advocate of
enclosure, writing in the local paper, claimed of the commoners :
"In looking after a brood of goslings, a few
rotten sheep, a skeleton of a cow or a mangy
horse, they lost more than they might have gained
by their day's work, and acquired habits of
idleness and dissipation, and a dislike to honest
labour, which has rendered them the riotous and
lawless set of men that they have now shown themselves to be."
The "riotousness" is a reference to the
resistance put up by the commoners to the theft
of their land. The first proposal to drain and
enclose the land in 1801, by the
Spencer/Churchill family, was staved off by armed
mobs who appeared everytime the authorities tried
to pin up enclosure notices. A second attempt in
1814 was again met with "large mobs armed with
every description of offensive weapon".
The enclosure and drainage was eventually forced
through over the next few year, but it failed to
result in any immediate agricultural benefit. A
writer in another local paper judged: "instead of
expected improvement in the quality of the soil,
it had been rendered almost totaly worthless . .
. few crops yielding any more than barely
sufficient to pay for labour and seed."
In 1830, 22 farmers were acquitted of destroying
embankments associated with the drainage works,
and a few weeks later, heartened by this result,
a mob gathered and perambulated the entire
commons pulling down all the fences. Lord
Churchill arrived with a troop of yeomen,
arrested 44 of the rioters and took them off to Oxford gaol in a paddy wagon.
"Now it happened to be the day of St Giles' fair,
and the street of St Giles along which the
yeomanry brought their prisoners, was crowded.
The men in the wagons raised the cry 'Otmoor
forever', the crowd took it up, and attacked the
yeomen with great violence, hurling brickbats,
stones and sticks at them from every side . . . and all 44 prisoners escaped."
Two years later Lord Melbourne observed: "All the
towns in the neighbourhood of Otmoor are more or
less infected with the feelings of the most
violent, and cannot at all be depended upon."
And, tellingly, magistrates in Oxford who had
requested troops to suppress the outrages warned:
"Any force which the Government may send down
should not remain for a length of time together,
but that to avoid the possibilty of an undue
connexion between the people and the Military, a
succession of troops should be observed."
REFERENCES
1. Kevin Cahill, Who Owns Britain, Canongate, 2001.
2. E P Thompson, Customs in Common, Penguin, 1993, p114.
3. Garrett Hardin, "The Tragedy of the Commons",
Science, 13 December, 1968, pp1243-1248.
4. Daniel Defoe, A Tour Through England and Wales, Everyman, Vol 1, pp 277-8.
5. William F Lloyd, Two Lectures in the Checks to
Population, Oxford University Press, 1833.
6. Eg, E A Loayza, A Strategy for Fisheries
Development, World Bank Discussion Paper 135, 1992.
7. E P Thompson, Customs in Common, Penguin, 1993, p107.
8. Arthur McEvoy, "Towards and Interactive Theory
of Nature and Culture, Environmental Review, 11, 1987, p 299.
9. Garrett Hardin, "The Tragedy of the
'Unmanaged' Commons", in R V Andelson, Commons
Without Tragedy, Shepheard Walwyn, 1991.
10. The prospect of imminent enclosure provided
wealthy commoners with a number of incentives for
overstocking common pastures. See: JM Neeson,
Commoners: Common Right, Enclosure and Social
Change in England, 1700-1820, Cambridge, 1993,
p156; and W H R Curtier, The Enclosure and
Redistribution of Our Land, Elibron 2005 (Oxford 1920), p242.
11. CS and C S Orwin's The Open Fields, Oxford,
1938 is perhaps the most useful study of this
system, not least because the Orwin's were
farmers as well as academics.. See also J V
Beckett, A History of Laxton: England's Last Open
Fioeld Village, Oxford: Basil Blackwell, 1989.
12. Joan Thirsk, "The Common Fields", Past and Present, 29, 1964.
13 J-C Asselain, Histoire Economique de la
France, du 18th Siècle à nos Jours. 1. De
l"Ancien Régime à la Première Guerre Mondiale, Editions du Seuil. 1984
14. Paul Stirling, "The Domestic Cycle and the
Distribution of Power in Turkish Villages" in
Julian Pitt-Rivers (Ed.) Mediterranean
Countrymen, The Hague, Mouton: 1963; Hans U.
Spiess, Report on Draught Animals under Drought
Fonditions in Central, Eastern and Southern zones
of Region 1 (Tigray), United Nations Development
ProgrammeEmergencies Unit for Ethiopia, 1994,
http://www.africa.upenn.edu/eue_web/Oxen94.htm
15. In 1381, the St Albans contingent, led by
William Grindcobbe accused the Abbot of St Albans
of (among other abuses) enclosing common land.
Jesse Collings, Land Reform,: Occupying
Ownership, Peasant Proprietary and Rural
Education, Longmans Green and Co, p 120; and on Cade p138.
16. W E Tate, The English Village Community and
the Enclosure Movements, Gollancz,1967,
pp122-125;W H R Curteis, op cit 10, p132.
17. Ibid.
18. Thomas More, Utopia, Everyman, 1994.
19. Tate, op cit 17, pp 124-127.
20. William Everard et al, The True Levellers' Standard Advanced, 1649.
21. Early hippie organizations in California and
the UK called themselves the San Francisco
Diggers, and the Hyde Park Diggers respectively.
22. Jerrard Winstanley, A Letter to The Lord
Fairfax and his Council of War, Giles Calvert,
1649.The quotation about manuring wasteland is
cited by Christopher Hill, Gerard Winstanley:
17th Century Communiat at Kingston, Kingston
Umiversity lecture, 24 Jan 1966, available at
http://www.diggers.org/free_city.htm
23. Holinshed's Chronicles, Vol 3, p220. Fabyan's
Chronicle states of Cade "They faude him right
discrete in his answerys". Cited in Jesse Collings, op cit 15, p 139.
24. David Boulton, Gerrard Winstanley and the
Republic of Heaven, Dales Historical Monographs, 1999, chapter XIII.
25. Barbara Tuchman, A Distant Mirror, Macmillan, 1978, pp375-6
26. E P Thompson, Whigs and Hunters, Allen Lane , 1985.
27. Guy Vassal, La Guerre des Demoiselles, Editions de Paris, 2009.
28. See the article in this magazine by Roland Girtler and Gerald Kohl.
29. All the information on the fens in this
section is taken from Joan Thirsk, English
Peasant Farming: The Agrarian History of
Lincolnshire from Tudor to Recent Times, Routledge and Kegan Paul, 1957.
30. Anon, The Anti-Projector; or the History of
the Fen Project, 1646?, cited in Joan Thirsk, ibid, p30.
31. John Prebble, The Highland Clearances, 1963, p79.
32. Alastair McIntosh, "Wild Scots and Buffoon History", The Land 1, 2006.
33. Quoted in James Hunter, Skye, the Island,
Mainstream, Edinburgh, 1986, p118.
34. One of best short accounts is in pp1-52 of
Neeson, op cit 9, though there is also useful
material in Tate, op cit 17, pp63-90.
35 Curtier, op cit 10; Tate op cit 17. A
pro-enclosure summary of the General Views can be
found on pp224-252 of Lord Ernle, English Farming Past and Present, 1912.
36. Arthur Young, Autobiography, 1898, republished AM Kelley, 1967.
37. G Slater, "Historical Outline of Land
Ownership in England", in The Land , The Report
of the Land Enquiry Committee, Hodder and Stoughton, 1913.
38. J L and Barbara Hammond, The Village Labourer, Guild, 1948 (1911) p60.
39 Thompson mentions the "long historiographical
reaction against those fine historians, Barbara
and JL Hammomd." Thompson, op cit 2, p115.
40. Tate, op cit 17, p97.
41. Curteis, op cit 10, p241.
42. Brian Inglis, Poverty and the Industrial
Revolution, 1971, pp89-90, and p385.
43.Ibid, p386.
44 Kevin Cahill, op cit 1, p30.
45. David Landes, The Unbound Prometheus, Cambridge, 1969. p452.
46. Thirsk, op cit 29, p311.
47. Letters from America, cited by KDM Snell,
Annals of the Labouring Poor, Cambridge 1985.
48. Tate op cit 15, p138. These figures are
challenged by Curtier, whose The Enclosure and
Redistribution of Our Land, op cit 10, is an
apology for the landowning class. Curtier, an
advocate of smallholdings maintained that thanks
to landowners' generosity "there were a
considerable number of small holdings in
existence" and that "the lamentation over the
landlessness of the poorer classes has been
overdone". Yet he admits that "the total number
of those having allotments and smallholdings
bears a very small proportion to the total of the
poorer classes." Curtier has a useful account of
the effects of the various smallholding and allotment acts (pp278-301).
49. Collings, op cit 15; and Slater, op cit 37.
50. S Fairlie, "Farm Squat", The Land 2, Summer 2006.
51. Tate, op cit 15, p136.
52. Lord Eversley, English Commons and Forests, 1894.
53. George Bourne, Change in the Village, Penguin 1984 (1912), pp 77-78.
54. G M Trevelyan, English Social History, Longmans, p379.
47. Lord Ernle, English Farming Past and Present, Longmans, 1912.
55. Humanby, see J A Yelling, Common Field and
Enclosure in England 1450-1850, Macmillan, 1977;
Barrowby, see Joan Thirsk, op cit 29. J V,
Beckett, The Agricultural Revolution, Basil
Blackwell, 1990 provides a summary of this change of approach.
56. J M Neeson, op cit 10 . Other key books
covering this debate include E C K Gonner, Common
Land and Enclosure, Macmillan, 1912; J D Mingay,
The Agricultural Revolution 1750-1880, Batsford, 1970; J A Yelling, ibid.
57. Institut National D'Etudes Demographiques,
Total Population (Urban and Rural) of
metropolitan France and Population Density
censuses 1846 to 2004, INED website; UK figures:
from Lawson 1967, cited at
http://web.ukonline.co.uk/thursday.handleigh/demography/population-size/...
58. Doreen Warriner, Economics of Peasant Farming, Oxford, 1939, p3.
59.Gonner, op ci 56 p337 and p306; Neeson, op cit
10, pp86 and 156; Thirsk, op cit 29, pp38, 116 and 213.
60. Cited in Curtier, op cit 10.
61. Jeremy Rifkin, Beyond Beef, Dutton, 1992,p60.
62. Neeson, op cit 28 pp 165, 311 and passim.
63. William Cobbett, Selections from the Political Register, 1813, Vol IV.
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