1607-36: Charles I halting then reversing enclosure

Tony Gosling tony at cultureshop.org.uk
Sat Mar 7 13:19:47 GMT 2015


Puritan Iconoclasm in the English Civil War
http://www.history.ac.uk/reviews/review/401

ISIS endeavors to destroy the art of ancient Nineveh (AKA Mosul).
The efforts at destruction that you see at the 
beginning of this video are not as horrible as 
they look, for reasons that are explained half way through.
http://althouse.blogspot.co.uk/2015/02/isis-endeavors-to-destroy-art-of.html

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Charles I: The Commoners' King - halting then reversing enclosure
http://www.bilderberg.org/land/tenure.htm
  Yes... King Charles I was 're-nationalising' 
newly enclosed land, just before the English Civil War broke out.

  I present here three accounts, from two 
different books, of pre-Civil War actions by King 
Charles I to penalise lords of manors, merchants 
and other enclosers. I suggest resentment caused 
by these retrospective 'compositions', or fines, 
may have been the true reason for acrimony, and 
eventually civil war, between England's feudal 
and merchant classes. It certainly speaks very 
well for Charles' record and was largely a result 
of his good relationship with Archbishop Laud, 
who was championing the needs of the new landless 
classes within the English church and government.

  After the civil war enclosure was greatly 
accellerated by a landowners parliament, to 
blight the entire population to the present day. 
If the 'compositions' had not been retrospective 
the merchant class may have put up with them... 
but this aspect of Charles' new anti-depopulation 
and anti-enclosure fines/laws made the merchant class very angry.

Extract 1 - 'The English Village Community and 
the Enclosure Movements' - W. E. Tate, Victor 
Gollancz, London, 1967. "From about 1607 to 1636, 
the Government pursued an active anti- enclosure policy"

Extract 2 - The English Village Community and the 
Enclosure Movements by W. E. Tate, Victor 
Gollancz, London, 1967 - 'If the reign in its 
social and agrarian policy may be judged solely 
from the number of anti-enclosure commissions set 
up, then undoubtedly King Charles I is the one 
English monarch of outstanding importance as an agrarian reformer.'

Extract 3 - Common Land and Inclosure, by E. C. 
K. Gonner. Macmillan and Co., Limited. St. 
Martin's Street, London. 1912. - 'In 1633-4 we 
find a proposal that all inclosures made since 
James I. should be thrown back into arable on 
pain of forfeiture, save such as be compounded 
for. The suggestion was not lost sight of, and 
from 1635 to 1638 compositions were levied in 
respect of depopulations in several counties of 
which an account is fortunately preserved.' - 
download this as a printable Word document with table and footnotes



Charles I: The Commoners' King
http://www.bilderberg.org/land/tenure.htm#Commoners

"From about 1607 to 1636, the Government pursued 
an active anti- enclosure policy" - W.E. Tate

  Charles' anti-enclosure policies may have been 
the spark that ignited the English Civil War
  Extract 1

  Historians are inconclusive about the origin 
and cause of the war. Whatever brought the 
merchant classes, or bourgeoisie, to armed 
conflict with the landed feudal gentry, 
personified by the king, must have had a mighty 
incentive. Driven by the new capitalist class the 
move from collective to private ownership of land 
was extremely lucrative.  To halt it, 
unforgivable. In the eyes of the avaricious merchants the king had to go!
Extent of Charles' penalties on enclosers
  Extract from:  'The English Village Community and the Enclosure Movements'
  W. E. Tate, Victor Gollancz, London, 1967. (longer extract below)
  Chapter 11
  Enclosure and the State in Tudor and Early Stuart times.
The Policy of the Early Stuart Governments

  Probably in Stuart times baser motives weighed 
more heavily with the governmental authorities. 
The Stuart policies, especially that of Charles 
I, were as Tawney says, 'smeared with the trail 
of finance'.,' Enclosure, at any rate enclosure 
leading to depopulation, was an offence against 
the common law."* Commissions inquired into it, 
and in many cases the statesmen and divines who 
composed these were inspired by the loftiest 
motives. The general action of the government, 
however, was to use the Privy Council and the 
courts, especially the prerogative courts, the 
Court of Requests and the Star Chamber, the 
Councils of Wales and the North, as means of 
extortion. The offenders were 'compounded with', 
i.e. huge fines were levied so that the culprits 
might continue their malpractices.¹

  In 1601 a proposal to repeal the depopulation 
acts was crushed upon the ground that the 
majority of the militia levies were ploughmen.² 
In 1603 the Council of the North were ordered to 
check the 'wrongful taking in of commons' and the 
consequent 'decay of houses of husbandry . . .'. 
 From about 1607 to 1636, the Government pursued 
an active anti- enclosure policy.³ In 1607 the 
agrarian changes in the Midlands had produced an 
armed revolt of the peasantry, beginning in 
Northamptonshire, where there had been stirrings 
of unrest at any rate since 1604. The counties 
mainly affected were Northamptonshire, 
Bedfordshire, Buckinghamshire, Huntingdonshire, 
Leicestershire, the three divisions of Lincolnshire, and Warwickshire.

  The leader was a certain John Reynolds, nick- 
named Captain Pouch, 'because of a great leather 
pouch which he wore by his side, in which purse 
he affirmed to his company there was sufficient 
matter to defend them against all commers, but 
afterwards when he was apprehended, his Pouch was 
searched, and therein was only a peece of greene 
cheese'. John was soon dealt with after a 
skirmish at Newton, where a body of mounted 
gentlemen with their servants dispersed a body of 
a thousand rebels, killing some forty or fifty of 
the poorly-armed rustics. Some of his followers were hanged and quartered.

  Promises of redress made by various 
proclamations were fulfilled only to the extent 
of the appointment of still another royal 
commission to inquire into agrarian grievances in 
the counties named. After it had made its return, 
however, it was discovered that on legal 
technicalities the commission was invalid, and 
little action seems to have been taken upon its 
laboriously compiled returns. The local gentry 
were soon busily at work again in enclosing their 
own land and that of others, though in 1620 Sir 
Edward Coke, the greatest of English judges, who 
had already shown himself a keen opponent of 
enclosure, declared depopulation to be against 
the laws of the realm, asserting that the 
encloser who kept a shepherd and his dog in the 
place of a flourishing village community was hateful to God and man.

  A reaction set in when in 1619 there were good 
harvests, and the Privy Council was concerned to 
relieve farmers and landlords who were suffering 
through the low price of corn. This is why 
commissions were appointed to grant pardons for 
breaches of the depopulation acts, and why in 
1624 all save the two acts of 1597 were repealed. 
The county justices still, however, attempted to 
check the change, and in this received more or 
less spasmodic pressure from the Council. In the 
1630's corn prices rose again, and in 1630 the 
justices of five Midland counties were ordered to 
remove all enclosures made in the last two years. 
In 1632, 1635, and 1636 more commissions were 
appointed, and the justices of assize were 
instructed to enforce the tillage acts. In 1633 
they were cited before the Board to give an 
account of their proceedings. From 1635-8 
enclosure compositions were levied in thirteen 
counties, some six hundred persons in all being 
fined, and the total fines levied amounting to 
almost £50,000. Enclosers were being prosecuted 
in the Star Chamber as late as 1639. However, the 
Star Chamber was to vanish in 1641, and the 
Stuart administrative policy disappeared with the 
engines by which it had been - somewhat 
ineffectively and spasmodically - put in force.

  If the reign in its social and agrarian policy 
may be judged solely from the number of 
anti-enclosure commissions set up, then 
undoubtedly King Charles I is the one English 
monarch of outstanding importance as an agrarian 
reformer. How far his policy was due to genuine 
disinterested love of the poor, and how far it 
followed from the more sordid motive of a desire 
to extort fines from offenders, it is difficult 
to say. But even the most unsympathetic critic 
must allow a good deal of honest benevolence to 
his minister Laud, Archbishop of Canterbury, and 
some measure of it to his master. On the whole it 
is perhaps not too much to say that for a short 
time after the commissions issued in 1632, 1635, 
and 1636, Star Chamber dealt fairly effectively 
with offenders. The lack of ultimate success of 
this last governmental attempt to stem the tide 
of enclosure was due, no doubt, partly to the 
mixture of motives on the part of its proponents. 
Still more its failure is to be attributed to the 
fact that again the local administrators, upon 
whom the Crown depended to implement its policy, 
were of the very [landed] class which included 
the worst offenders. A (practising) poacher does 
not make a very good gamekeeper!
The Commonwealth

  During the Commonwealth there was little legal 
or administrative attempt to check enclosure of 
open fields. It is not clear how far this was 
taking place, though there was great activity in 
the enclosure and drainage of commonable waste. 
Some of the Major-Generals, especially Edward 
Whalley, held strong views upon agrarian matters, 
and attempted to use their very extensive powers 
to carry their ideals into operation. Petitions 
were prepared and presented, a committee of the 
Council of State was appointed and numerous pamphlets were written.

  In 1653 the mayor and aldermen of Leicester 
complained of local enclosures and sent a 
petition to London, very sensibly choosing their 
neighbour, John Moore, as its bearer. Appar- 
ently it was because of this that the same year 
the Committee for the Poor were ordered 'to 
consider of the business where Enclosures have 
been made'. The question arose again in 1656 when 
Whalley, the Major-General in charge of the 
Midlands, set on foot local inquiries, and took 
fairly drastic action in response to petitions 
adopted by the grand juries in his area. He hoped 
that as a result of his action 'God will not be 
provoked, the poor not wronged, depopulation 
prevented, and the State not dampnified'. The 
same year he brought in a Bill 'touching the 
dividing of commons', but it failed through the 
opposition of William Lenthall, the Master of the 
Rolls, and indeed was not even given a second 
reading. This was the last bill to regulate 
enclosure. Ten years later, in 1666, another bill 
was read in the Lords, to confirm all enclosures 
made by court decree in the preceding sixty 
years. It also was unsuccessful, but the fact 
that it was introduced is indicative of a great 
change in the general attitude towards enclosure 
displayed by those in authority.
  Footnotes:

  * Coke (Chief justice of the King's Bench, 
1613-16), was very emphatic on this, Institutes 
III, 1644 edn., p. 205. Ellesmere, his great 
rival (Lord Chancellor 1603-16), was more 
favourably disposed to enclosure, and himself 
authorised some enclosures by Chancery Decree. 
The point is of interest, since it may well have 
been Ellesmere's attitude which emboldened his 
kinsmen, Arthur Mainwaring, to embark on the 
enclosure of Welcombe, near Stratford, in 1614. 
In the story of this, Shakespeare plays a (very 
minor) part. Tothill, W., Transactions of the 
Court of Chancery etc., 1649, edn. 1827, P. 109, 
and Ingleby, G. M., Shakespeare and the Welcombe Inclosure, 1885.

  ¹ There is a tabular statement of the proceeds 
in Gonner, p. 167 [and presented below!].

  ² See D'Ewes, op. cit., p. 674, for Cecil's speech on this.

  ³ The activity was mainly 1607-18 and 1636, the 
first spasm being due presumably to the Midland 
riots, the second to a period of high corn prices.

  Extract 2 - 'If the reign in its social and 
agrarian policy may be judged solely from the 
number of anti-enclosure commissions set up, then 
undoubtedly King Charles I is the one English 
monarch of outstanding importance as an agrarian reformer.'
  Extracted from
  The English Village Community and the Enclosure 
Movements by W. E. Tate, Victor Gollancz, London, 1967
  Chapter 11, Enclosure and the State: (A) In Tudor and Early Stuart Times
  The Tudor Governments

  From the social and political points of view 
too the Tudor governments disliked such 
enclosures as led or threatened to lead to 
depopulation. Several of the Tudor rulers, 
certainly Henry VIII and the Lord Protector 
Somerset, had a quite genuine desire to be fair 
to the small proprietor, who was usually, with 
good reason, bitterly opposed to enclosure. All 
had a lively apprehension of the danger of 
dynastic or religious rebellion, and all were 
unwilling that malcontents should be presented 
with the opportunities afforded by the existence 
of a dispossessed and starving peasantry. Even 
before Henry VIII's time anti-enclosure measures 
had been placed on the statute book, and 
throughout Tudor times there was a long stream of 
statutes, proclamations and commissions, all 
designed to check a process felt to be utterly 
destructive of the common weal. Thus in 1517 
there was the commission already referred to. 
Thirty-two years later a main count in the 
indictment against Somerset, under which at last 
he lost his head, was that he had been so slack 
in suppressing Kett's Rebellion in 1549 as to 
give the rebellious peasantry an idea that he was 
in sympathy with their feelings on the agrarian 
grievances which had led to the disturbance.

  The first landmarks in the story of enclosure 
in Tudor times are the Depopulation Act of 1489 
'agaynst pullying doun of Tounes', a proclamation 
of 1515 against engrossing of farms, and certain 
inquiries by the justices, etc., made the same 
year. A temporary act of early 1516 was virtually 
made permanent later in the year, and the next 
year was the commission of 1517, addressed to the 
nobles and gentry of all save the four most 
northerly counties of England, with other 
anti-enclosure commissions in 1518 and 1519. In 
1519 Wolsey, as Chancellor, ordered that those 
claiming the royal pardon for enclosure should 
destroy the hedges and ditches made since 1488. A 
proclamation of 1526 made a similar order. There 
was an act for restraining sheep farming in 1534, 
and two further depopu-lation acts in 1536. At 
the same time proceedings were taken in the 
Chancery and the Court of Exchequer against 
enclosers, sometimes those of lofty station. 
Evidently the acts and pro-clamations were little 
observed, and in 1548 the Protector Somerset 
issued yet another proclamation. A movement in 
the reverse direction was made in 1550, when as 
part of the policy of the nobility and gentry who 
had triumphed over him, the Statutes of Merton 
and Westminster 112 were confirmed and 
re-enacted, and measures were taken to check 
hedge and fence-breaking. However, only two years 
later another depopulation act was passed, in 1552.

  There was still another in Philip and Mary's 
time, 1555, and one five years after Elizabeth 
I's accession, in 1563. This repealed as 
ineffectual the three latest depopulation acts, 
of 1536, 1552, 1555 but re-enacted the earlier 
one of 1489. It was repealed in part in 1593. 
Most of these acts endeavoured to re-establish 
the status quo, to forbid under penalty of 
forfeiture the conversion of arable to pasture, 
and to compel the rebuilding of decayed houses, 
with the reconversion to arable of pasture which 
had lately been put down to grass. Probably the 
multiplicity of acts is an indication of their 
ineffectiveness. The reason was that the 
administration alike of acts and commissions was 
largely in the hands of the landed classes 
profiting by agrarian change. In 1589 was passed 
Elizabeth's famous act prohibiting the erection 
of any cottage without four acres of arable land 
[? and of course, proportionate pasture rights]. 
This remained in force, theoretically at any 
rate, until 1775. The difficulty with which the 
government was faced is well illustrated by two 
acts of 1593, which passed through Parliament 
together, and which in fact stand next to one 
another on the statute book, but which adopt 
markedly contrasting points of view towards 
enclosures of different kinds. The first of them, 
as noted above, repeals much. of the 1563 act, 
that part forbidding the conversion of arable to 
pasture. The second of them anticipates 
legislation of the nineteenth century. It orders 
that no persons shall enclose commons within 
three miles of the City of London, 'to the 
hindrance of the training or mustering of 
soldiers, or of walking for recreation, comfort 
and health of Her Majesty's people, or of the 
laudable exercise of shooting. . .' etc.
  The last Depopulation and Tillage Acts

  The more complacent attitude towards enclosure 
evidenced by the first of the 1593 acts did not 
last very long. In 1597 were passed two acts, 
again neighbours on the statute book, the first 
for the re-erection (though with some 
qualifications) of houses of husbandry which had 
been decayed. At the same time the government 
clearly recognized that if it merely tried by 
legislation to maintain or to restore the status 
quo, its efforts would be in vain. So the same 
act specifically authorizes lords of manors, or 
tenants with their lord's consent, to exchange 
intermixed open-field holdings in order to 
facilitate improved husbandry. The preamble of 
the second act sets out that since 1593 [and the 
partial repeal of the tillage acts then] 'there 
have growen many more Depopulacions by turning 
Tillage into Pasture', and the first act orders 
that decayed houses were to be re-erected, and 
lands reconverted to tillage under a penalty of 
20s. per acre per annum. The second act relates 
to twenty- three counties only, generally those 
of the Midlands, with one or two southern 
counties, and Pembrokeshire in South Wales. These 
were the last of the depopulation and tillage 
acts, and they escaped the general repeal of such 
acts in 1624, and remained in force (in theory) until 1863.
  The Policy of the Early Stuart Governments

  Probably in Stuart times baser motives weighed 
more heavily with the governmental authorities. 
The Stuart policies, especially that of Charles 
I, were as Tawney says, 'smeared with the trail 
of finance'. Enclosure, at any rate enclosure 
leading to depopulation, was an offence against 
the common law. Commissions inquired into it, and 
in many cases the statesmen and divines who 
composed these were inspired by the loftiest 
motives. The general action of the government, 
however, was to use the Privy Council and the 
courts, especially the prerogative courts, the 
Court of Requests and the Star Chamber, the 
Councils of Wales and the North, as means of 
extortion. The offenders were 'compounded with', 
i.e. huge fines were levied so that the culprits 
might continue their malpractices.

  In 1601 a proposal to repeal the depopulation 
acts was crushed upon the ground that the 
majority of the militia levies were ploughmen. In 
1603 the Council of the Nortt were ordered to 
check the 'wrongful taking in of commons and the 
consequent 'decay of houses of husbandry. . .'. 
 From about 1607 to 1636, the Government pursued 
an active anti-enclosure policy. In 1607 the 
agrarian changes in the Midland had produced an 
armed revolt of the peasantry, beginning ii 
Northamptonshire, where there had been stirrings 
of unrest at any rate since 1604. The counties 
mainly affected were Northamptonshire, 
Bedfordshire, Buckinghamshire, Huntingdonshire, 
Leicestershire, the three divisions of 
Lincolnshire, and Warwickshire. The leader was a 
certain John Reynolds, nick named Captain Pouch, 
'because of a great leather pouch which he wore 
by his side, in which purse he affirmed to his 
company there was sufficient matter to defend 
them against all comers, but afterwards when he 
was apprehended, his Pouch was searched, and 
therein was only a peece of greene cheese'. John 
was soon dealt with after a skirmish at Newton, 
where a body of mounted gentlemen with their 
servants dispersed a body of a thousand rebels, 
killing some forty or fifty of the poorly-armed 
rustics. Some of his followers were hanged and 
quartered. Promises of redress made by various 
proclamations were fulfilled only to the extent 
of the appointment of still another royal 
commission to inquire into agrarian grievances in 
the counties named. After it had made its return, 
however, it was discovered that on legal 
technicalities the commission was invalid, and 
little action seems to have been taken upon its 
laboriously compiled returns. The local gentry 
were soon busily at work again in enclosing their 
own land and that of others, though in 1620 Sir 
Edward Coke, the greatest of English judges, who 
had already shown himself a keen opponent of 
enclosure, declared depopulation to be against 
the laws of the realm, asserting that the 
encloser who kept a shepherd and his dog in the 
place of a flourishing village community was hateful to God and man.

  A reaction set in when in 1619 there were good 
harvests, and the Privy Council was concerned to 
relieve farmers and landlords who were suffering 
through the low price of corn. This is why 
commissions were appointed to grant pardons for 
breaches of the depopulation acts, and why in 
1624 all save the two acts of 1597 were repealed. 
The county justices still, however, attempted to 
check the change, and in this received more or 
less spasmodic pressure from the Council. In the 
1630's corn prices rose again, and in 1630 the 
justices of five Midland counties were ordered to 
remove all enclosures made in the last two years. 
In 1632, 1635, and 1636 more commissions were 
appointed, and the justices of assize were 
instructed to enforce the tillage acts. In 1633 
they were cited before the Board to give an 
account of their proceedings. From 1635-8 
enclosure com-positions were levied in thirteen 
counties, some six hundred persons in all being 
fined, and the total fines levied amounting to 
almost £50,000. Enclosers were being prosecuted 
in the Star Chamber as late as 1639. However, the 
Star Chamber was to vanish in 1641, and the 
Stuart administrative policy disappeared with the 
engines by which it had been-somewhat 
ineffectively and spasmodically - put in force.

  If the reign in its social and agrarian policy 
may be judged solely from the number of 
anti-enclosure commissions set up, then 
undoubtedly King Charles I is the one English 
monarch of outstanding importance as an agrarian 
reformer. How far his policy was due to genuine 
disinterested love of the poor, and how far it 
followed from the more sordid motive of a desire 
to extort fines from offenders, it is difficult 
to say. But even the most unsympathetic critic 
must allow a good deal of honest benevolence to 
his minister Laud, Archbishop of Canterbury, and 
some measure of it to his master. On the whole it 
is perhaps not too much to say that for a short 
time after the commissions issued in 1632, 1635, 
and 1636, Star Chamber dealt fairly effectively 
with offenders. The lack of ultimate success of 
this last governmental attempt to stem the tide 
of enclosure was due, no doubt, partly to the 
mixture of motives on the part of its proponents. 
Still more its failure is to be attributed to the 
fact that again the local administrators, upon 
whom the Crown depended to implement its policy, 
were of the very [landed] class which included 
the worst offenders. A (practising) poacher does 
not make a very good gamekeeper!
  The Commonwealth

  During the Commonwealth there was little legal 
or admin-istrative attempt to check enclosure of 
open fields. It is not clear how far this was 
taking place, though there was great activity in 
the enclosure and drainage of commonable waste. 
Some of the Major-Generals, especially Edward 
Whalley, held strong views upon agrarian matters, 
and attempted to use their very extensive powers 
to carry their ideals into operation. Petitions 
were prepared and presented, a committee of the 
Council of State was appointed and numerous pamphlets were written.

  In 1653 the mayor and aldermen of Leicester 
complained of local enclosures and sent a 
petition to London, very sensibly choosing their 
neighbour, John Moore, as its bearer. Appar-ently 
it was because of this that the same year the 
Committee for the Poor were ordered 'to consider 
of the business where Enclosures have been made'. 
The question arose again in 1656 when Whalley, 
the Major-General in charge of the Midlands, set 
on foot local inquiries, and took fairly drastic 
action in response to petitions adopted by the 
grand juries in his area. He hoped that as a 
result of his action 'God will not be pro-voked, 
the poor not wronged, depopulation prevented, and 
the State not dampnified'. The same year he 
brought in a Bill 'touching the dividing of 
commons', but it failed through the opposition of 
William Lenthall, the Master of the Rolls, and 
indeed was not even given a second reading. This 
was the last bill to regulate enclosure. Ten 
years later, in 1666, another bill was read in 
the Lords, to confirm all enclosures made by 
court decree in the preceding sixty years. It 
also was -unsuccessful, but the fact that it was 
introduced is indicative of a great change in the 
general attitude towards enclosure displayed by those in authority.

Extent of Charles' penalties on inclosers

  1) Introduction of tillage acts

  2) Introduction of depopulation acts

  3) A total of 600 individual fines on enclosing landowners as follows
  [from p. 167, Gonner, E.C.K., 'Common Land and Inclosure', 1912]:
King Charles I - fines on enclosing landowners - 
(££)   Year -> 1635    1636    1637    1638    Total 1635-8
Lincolnshire    3,130   8,023   4,990   2,703   18,846
Leicestershire  1,700   3,560   4,080   85      9,425
Northamptonshire        3,200   2,340   2,875   263     8,678
Huntingdonshire         680     1,837   230     2,747
Rutland         150     1,000           1,150
Nottinghamshire                 2,010   78      2,088
Hertfordshire           2,000                   2,000
Gloucestershire                         50      50
Cambridgeshire                  170     340     510
Oxfordshire                     580     153     733
Bedfordshire                            412     412
Buckinghamshire                         71      71
Kent                            100     100
Grand Total
  £46,810


  If anyone has the equivalent amount in today's 
money please contact me here and I will include it on this page

Extract 3 - Common Land and Inclosure
  By E. C. K. Gonner
  Brunner Professor of Economic Science in the University of Liverpool
  Macmillan and Co., Limited. St. Martin's Street, London. 1912
Download this extract as a Word document with footnotes.

  Extracted using a scanner so there may be minor 
errors. Please note the use of the spelling 
"inclosure" as compared to the more common "enclosure".
  'Cope writes of "the poor who, being driven out 
of their habitations, are forced into the great 
towns, where, being very burdensome, they shut 
their doors against them, suffering them to die in the streets and highways,"'
  II - INCLOSURE DURING THE SEVENTEENTH CENTURY

  THOUGH the view which regards inclosure of 
common and common right land as taking place 
mainly at two epochs, in the sixteenth and 
eighteenth centuries respectively, and as due to 
causes peculiar to these particular times, is 
certainly less firmly held than was formerly the 
case, it is nevertheless not yet realised that 
thus stated it gives an almost entirely false 
presentation of what occurred. No doubt it is 
true that particular circumstances or 
combinations of circumstances at certain times 
accelerated the movement or invested it with some 
special character, but inclosure was continuous, 
and a very considerable mass of evidence as to 
its reality and extent exists, spread over the 
long intervening period of a century and a half. 
Some part of this evidence has been indicated by 
different writers, and particularly by Professor 
Gay and Miss Leonard, but as yet its mass and 
continuity, and so the extent of the progress to 
which it testifies, have not been fully stated. 
When that is done it will be seen not so much 
that the earlier view was inadequate as that it 
was actually the very reverse of the true state 
of the case, that inclosure continued steadily 
throughout the seventeenth century, and that the 
inclosures of the eighteenth and nineteenth 
centuries were no new phenomena but the natural 
completion of a great continuous movement. In 
dealing with this movement throughout the 
seventeenth century attention must be directed to 
certain matters besides continuity and extent. 
The districts, the character, and the mode of 
inclosure require to be dealt with.

  If we turn to the later years of the sixteenth 
century the frequent statutes dealing with 
tillage and houses of husbandry afford 
considerable evidence of the efforts of the 
government to secure adequate attention to arable 
cultivation, and to prevent land suited to corn 
being used for pasturage. To some extent these 
acts were directed to remedy conversions to 
pasture which had taken place in earlier years, 
and, taken by themselves, they do not, despite 
their stringency and frequent re-enactment, prove 
much more than the difficulty of reversing by 
state action a movement which, whatever its 
consequences, had at its base great economic 
causes. But this would be a very imperfect view 
of the condition which prevailed at the time. 
Economic causes were still at work, and inclosure 
was the natural response. No doubt they were 
somewhat changed in character. Even if the demand 
for pasture was still effective, the increased 
population, with its growing need of corn, and 
the new possibilities of improved methods of 
cultivation added new reasons for inclosure, 
though obviously for inclosure with different 
results, against which the old reproaches of 
depopulation and the diminution of the food 
supply could not be alleged. In respect of this 
tendency the evidence of writers like Tusser and 
FitzHerbert seems conclusive, and it is probable 
that it was due to a like perception that, 
despite the very obvious anxiety about inclosure, 
the statute was enacted which so specifically 
repeated the power of approvement enacted in the Statute of Merton.

  That inclosure from which such detrimental 
results as those mentioned above might be and 
were apprehended was, however, steadily 
progressing is obvious from circumstances 
attending the later statutes of tillage, as from 
other evidence. The words of the statutes are 
very significant. Thus the preamble to 39 Eliz. c. 2 runs:-

  "Whereas from the XXVII year of King Henry the 
Eighth of famous memory until the 
five-and-thirtieth year of her majesty's most 
happy reign there was always in force some law 
which did ordain a conversion and continuance of 
a certain quantity and proportion of land in 
tillage not to be altered; and that in the last 
parliament held in the said five-and-thirtieth 
year of her majesty's reign, partly by reason of 
the great plenty and cheapness of grain at that 
time within this realm, and partly by reason of 
the imperfection and obscurity of the law made in 
that case, the same was discontinued, since which 
time there have grown many more depopulations by 
turning tillage into pasture than at any time for 
the like number of years heretofore."

  Like language is to be found in 39 Eliz. c. I, 
which states, "where of late years more than in 
time past there have sundry towns, parishes, and 
houses of husbandry been destroyed and become 
desolate." A like condition of things is stated 
in the tract Certain Causes gathered together, 
wherein is shown the Decay of England, if it may 
be assumed that this was written in the later 
part of the century. It relates to inclosures in 
Oxfordshire, Buckinghamshire, and 
Northamptonshire, and complains that there has 
been a change for the worse since the days of Henry VII.

  Additional light on the time and on the aims of 
Elizabeth's ministers is thrown by a letter from 
Sir Anthony Cope to Lord Burleigh concerning the 
framing of the new bill against the ill effects 
of depopulation, written with the draft of the 
bill before him. In this criticism the writer 
says, "Where every house is to be allotted twenty 
acres within two miles of the town I dislike the 
limitation of the place, fearing the poor man 
shall be cast into the most barren and fruitless 
coyle, and that so remote as altogether 
unnecessary for the present necessities of the 
husband mane's trade." He then proceeds with 
other grounds of objection, very pertinent to the 
working of the act, and important as showing the 
difficulties obviously experienced in certain 
places. The 'very definiteness of statement is 
sufficient to show that inclosures were taking 
place, and that they were attended in some places 
at least with bad results. He specifically urges 
that recent titles ought not to hinder the 
immediate application of the statute.

  The foregoing evidence, which bears directly on 
the conversion to pasture and the existence of 
inclosure at the time, and also on the remedy of 
the former by law, can be supplemented by that of 
the writer of 1607, whose careful comparison of 
inclosed and open lands, especially as 
illustrated by the counties of Somerset and 
Northampton, has often been quoted. He deals not 
only with the two systems but with the remedy for 
inclosing when that results in depopulation. Here 
he considers the expediency of offering a remedy 
at a time when, as he says, the mere offer or 
attempt may serve as an encouragement to violent 
attempts at redress. Inclosure, he writes, was 
made the pretended cause for the late tumults. 
However he over rules this scruple and suggests 
that, so far as in closure is harmful, which in 
general he may be taken as denying or doubting, 
action must be taken not only with regard to that 
which has been but also in prevention of that to 
come. To prevent or to stay harmful inclosure he 
recommends that existing laws should be 
maintained and that new measures should be taken 
against ingrossing of lands. Briefly stated, no 
one is to hold more than one-fourth of the land 
-of any manor, the remaining three-fourths to 
remain in tenantries none of which is to exceed 
one hundred acres. Side by side with this as 
testimony to the real existence of the movement is the inquisition of 1607.

  Though it is not intended to deal at this point 
with the nature of the inclosures, it should be 
added that further testimony as to inclosure of 
wastes is afforded by a memorial addressed in 
1576 to Lord Burleigh by Alderman Box. This 
memorial is interesting by reason of the 
information it gives as to the condition of the 
land, and its general breadth of treatment. The 
writer urges the necessity of increasing the 
tillage lands, a necessity arising from, firstly, 
the large amount of good and fruitful land "lying 
waste and overgrown with bushes, brambles, ling, 
heath, furze, and such other weeds"; secondly, 
the amount converted from arable to pasture, 
which he states has been estimated at one-fourth 
of that at one time agreeable to maintain the 
plough. That there has been decay of arable is 
assumed, and equally he has no doubt in stating 
that laws made in redress have been 
inefficacious. The decay and putting down of 
ploughs have not been stayed, "but are rather 
increased, and nothing amended." His own remedy 
is to leave the land in pasture alone and devote 
all efforts to the cultivation of the wastes. But 
here he points out a difficulty, which evidently 
was a real one. While the wastes existed the 
herbage and other profits belonged to the 
tenants; when divided and. separated their 
division was at the lord's pleasure. Hence he 
advocates the introduction, of a regular system 
of inclosure of wastes, the lord of the manor, 
together with four or five of the gravest 
tenants, appointed and chosen by their fellows, 
to be empowered to proceed to a division and 
allotment, each allotment to be according to the 
rent paid and to be granted on condition of 
clearing and cultivating in two years. His object 
was not only to supply the lack of tillage land 
but to prevent division taking place under 
conditions which placed the land at the pleasure 
of the lord; it became his and the tenant lost 
the free profit which he formerly possessed in 
herbage, etc. Here, however, the memorial is 
instanced as evidence that inclosure of waste to 
the lord's advantage was taking place, at any 
rate to some extent. Of course the writer's 
recommendation; had it been enforced by law, 
would have increased the amount inclosed, though 
it would have removed or modified the objection 
felt by the tenants and people in general and 
evinced in the discords referred to, as also later at the time of the Diggers.

  On turning to what occurred during the 
seventeenth century it will be convenient to 
examine the evidence as it presents itself under 
three headings-general references in tracts, 
pamphlets, and the like, official records, and 
lastly the evidence afforded by comparisons 
between the state of the country in the sixteenth 
and towards the end of the seventeenth century. 
So far as the first two bodies of evidence are 
concerned the century may be divided into periods 
of twenty-five years. One thing, however, must be 
remembered. Literary references frequently are to 
movements which have been in progress for some 
little time and have grown to sufficient 
dimensions to impress themselves as a general 
grievance in a district and within the knowledge 
of the writer, and yet not so long-standing as to 
have lost their aggressive character. A tract on 
inclosure does not merely deal with the events of 
the last year or so, but covers a much wider range.

  So far as the first quarter of the century is 
concerned reference has already been made to the 
analysis of the relative advantages of inclosure 
and open which distinctly favours inclosure as 
conducing to (1) security from foreign invasion 
and domestic commotion, (2) increase of wealth 
and population, (3) better cultivation through 
land being put to its best use. In the 
Geographical Description of England and Wales 
(1615) complaint is made in respect of 
Northamptonshire that "the simple and gentle 
sheep, of all creatures the most harmless, are 
now become so ravenous that they begin to devour 
men, waste fields, and depopulate houses, if not 
whole townships, as one hath written." The 
passage is of course copied from the Utopia. The 
Commons' Complaint (1612) and New Directions of 
Experience to the Commons' Complaint (1613), both 
by Arthur Standish, advocate inclosure in every 
county of the kingdom. In the preface to the 
earlier tract he refers to "a grievance of late 
taken only for the dearth of corn in 
Warwickshire, Northamptonshire, and other 
places." Since this as well as the other tract is 
largely a defence, or rather advocacy, of 
inclosing there can be no doubt that the 
suggested cause was the in closing. Of Cornwall 
Carew writes in 1602," They fall everywhere from 
commons to inclosure." Again, Trigge in The 
Humble Petition of Two Sisters (1604) condemns inclosure.

  In the second quarter the literary treatment of 
the subject is not very full. Depopulation 
Arraigned (1636), by R. P. (Powell), of Wells, 
was occasioned by the issue of the royal 
commission to inquire into inclosures, and deals 
in a hostile spirit with the subject. The author 
specially condemns what he describes as "a 
growing evil of late years "-namely, grazing 
butchers taking up land,-and gives some details 
of inclosure accompanied by depopulation.

  In the third quarter and at the very beginning 
there is much more to be referred to under this 
heading. Inclosure Thrown Open; or, Depopulation 
Depopulated, by H. Halhead (1650), is a vigorous 
attack on those desirous of inclosing, who are 
accused of resorting to any means to secure their 
object. As to the district referred to, the 
authorship of the preface by Joshua Sprigge, of 
Banbury, affords some slender ground for the 
conjecture that it refers to the South Midlands. 
That the Midlands formed a conspicuous area is 
clearly shown by other writings. In these a 
definite controversy centres round the in 
closures of Leicestershire, Northamptonshire, and 
the adjacent Midlands, while it comprises also 
references to other parts of the country. The 
first publication in this series was The Crying 
Sin of England of not Caring for the Poor, 
wherein Inclosure, viz. such as doth Unpeople 
Towns and Uncorn Fields, is Arraigned, Convicted, 
and Condemned by the Word of God, by John Moore, 
minister of Knaptoft, in Leicestershire (1653). 
To this there appeared an answer, Considerations 
Concerning Common Fields and Inclosures (1653). 
Moore replied in a printed sheet which apparently 
is lost. To this the author of the Considerations 
published a Rejoinder, written in 1653, but not 
printed till 1656. In this latter year Joseph 
Lee, the minister of Cotesbatch, published A 
Vindication of Regulated Inclosure. A final 
retort to both the foregoing by Moore in A 
Scripture Word against Inclosure (1656) concludes 
the controversy. By its side must be placed The 
Society of the Saints and The Christian Conflict, 
both by Joseph Bentham, of Kettering. With regard 
to all these some few points require notice. The 
controversy begins with the inclosures in 
Leicestershire, Northamptonshire, and the 
counties adjacent, and then extends somewhat to 
other inland counties in general, one writer 
alluding to the inland counties" where inclosure 
is now so much inveighed against." References in 
particular are made to inclosure in Warwickshire, 
and to the existence of in closed districts in 
Essex, Kent, Herefordshire, Devon, Shropshire, 
Worcestershire, and even Cornwall, though it 
cannot be concluded that the allusion is to 
recent inclosures in these latter counties. In 
the second place even Moore is careful to 
distinguish between inclosure which depopulates 
and that which has no such effect. When hard 
pushed he goes further, writing, " I complain not 
of inclosure in Kent or Essex, where they have 
other callings and trades to maintain their 
country by, or of places near the sea or city." 
Thirdly, a very important consideration as to the 
ultimate effect of the movement is raised by 
those in its favour in the assertion that very 
often in closure is laid to pasture and then 
after a rest returned to arable use greatly 
enriched. This assertion is accompanied by a 
consider able number of instances. Probably the 
references to the large inclosures in North 
Wiltshire by John Aubrey in the Natural History 
of Wiltshire were written during this period, for 
his studies began in 1656, though his preface was 
not written until 1685. The same period saw the 
publication of what was one of the most important 
seventeenth century works dealing with the 
subject, Blith's English Improver (1652). In 1664 
Forster in England's Happiness Increased 
prognosticates a rise in the price of corn from 
inclosure which he deplores, stating, " more and 
more land inclosed every year."

  During the last quarter of the century we have 
the many definite assertions by Houghton in his 
valuable Collections. In 1681 he writes of the 
many inclosures which" have of late been made, 
and that people daily are on gog on making, and 
the more, I dare say, would follow would they 
that are concerned and understand it daily 
persuade their neighbours." He instances the 
sands of Norfolk as an example of what they may 
effect and urges the need of a bill of in 
closure. In 1692, in arguing against the common 
notion that inclosure always leads to grass, he 
adduces instances to the contrary from Surrey, 
Middlesex, and Hertfordshire. In 1693 he gives 
some account of inclosed land in Staffordshire, 
and adds, " I cannot but admire that people 
should be so backward to in close, which would be 
more worth to us than the mines of Potosi to the 
king of Spain." In 1700 he argues again in favour 
of a general act which should be permissive. 
Equally significant testimony is borne in 1698 by 
The Law of Commons and Commoners, which devotes a 
special section to the matter of legal inclosure. 
Campania Felix, by Timothy Nourse (1700), deals 
with the advantages of inclosure, as also does 
Worledge in the Systema Agriculturae (third 
edition, 1681). General references of this kind 
during the latter part of this century multiply 
as literature dealing with agricultural systems increases.

  But to illustrate the condition of things 
during the last quarter of the seventeenth 
century, or even during the latter half, we must 
turn also to books and tracts published shortly 
after its termination. In The Whole Art of 
Husbandry; or, the Way of Managing and Improving 
of Land, by J. M., F.R.S. (John Mortimer), 
published in 1707, inclosure is treated as 
obviously beneficial, as with reference to it the 
writer adds, " I shall only propose two things 
that are matters of fact, that, I think, are 
sufficient to prove the advantages of inclosure, 
which is, first, the great quantities of ground 
daily in closed, and, secondly, the increase of 
rent that is everywhere made by those who do 
inclose their lands." Again, the editor of Tusser 
in Tusser Redivivus (1710), commenting on a 
reference by Tusser, says, "In our author's time 
inclosures were not as frequent as now." John 
Lawrence in A New System of Agriculture (1726) 
contrasts the inclosed and open fields in 
Staffordshire and Northamptonshire to the 
advantage of the former, and says as to the north 
that the example of Durham, the richest 
agricultural county, where nine parts in ten are 
already inclosed, is being followed by the more 
northern parts. He expresses surprise that so 
much of the kingdom is still open. Edward 
Lawrence in The Duty of a Steward to his Lord 
(1727) gives a form of agreement which he 
recommends to proprietors anxious to inclose. 
Equal testimony to the reality of the movement is 
offered by J. Cowper in An Essay Proving that 
Inclosing Commons and Common Fields is Contrary 
to the Interests of the Nation, in which he seeks 
to controvert the opinions of the Lawrences. 
Writing in 1732 he says: " I have been informed 
by an ancient surveyor that one third of all the 
land of England has been inclosed within these 
eighty years." Within his own experience of 
thirty years he has seen about twenty lordships 
or parishes in closed. An Old Almanac, which was 
written and printed in 1710, though it has a 
postscript bearing date 1734, urges the need of a 
general act and expresses the opinion that the 
consent of the lord with two-thirds of the 
tenants should bind the minority in any 
inclosure. Again, in the Dictionarium Urbanicum 
(1704) we read of "the great quantities of lands 
which in our own time have laid open, in common 
and of little value, yet when in closed . . . 
have proved excellent good," etc.

  Turning from this kind of evidence to that of 
an official and legal character, it is fortunate 
that the comparative weakness of the testimony of 
tracts and pamphlets during the first 
half-century can be otherwise strengthened. The 
inquisition into inclosures in 1607 refers 
obviously to what had taken place in the latter 
period of the preceding century, but during the 
reigns of the first two Stuarts the anxiety as to 
depopulation and scarcity which are apprehended 
as a probable if not a necessary result displays 
itself in almost undiminished force, as it may be 
seen from the Register of the Privy Council. In 
the reign of James I. there are some few 
references to cases of inclosure, the most 
interesting of which deals with the case of 
Wickham and Colthorpe, in Oxfordshire, in respect 
of which a bill in chancery for inclosure had 
been exhibited by Sir Thomas Chamberlain. Lord 
Say, however, had pulled the hedges down with 
considerable disturbance, and thus the matter 
came to the attention of the council. In a letter 
to the lord-lieutenant from the council it was 
pointed out that, owing to Lord Say's action 
being known, "there is very great doubt, as we 
are informed, of further mischief in that kind, 
the general speech being in the country that now 
Lord Say had begun to dig and level down hedges 
and ditches on behalf of commons there would be 
more down shortly, forasmuch as it is very 
expedient that all due care be taken for the 
preventing of any further disorder of this kind, 
which, as your lordship knoweth by that which 
happened heretofore in the county of Northampton 
and is yet fresh in memory, may easily spread 
itself into mischief and inconvenience." There 
are, however, but isolated instances of intervention.

  More systematic attention to inclosure is shown 
during the second quarter of the century. The 
great administrative activity of the council in 
the fourth decade found a sphere here. On 26th 
November, 1630, a letter was directed to be sent 
to the sheriffs and justices of the peace for the 
counties of Derby, Huntingdon, Nottingham, 
Leicester, and Northampton, calling for an 
account of inclosure or conversion during the 
past two years or at that time in progress. In 
the replies from Leicestershire and 
Nottinghamshire many great inclosures were 
reported, and directions were accordingly 
despatched as to the course to be taken; some, as 
tending to depopulation or the undue diminution 
of arable, were to be thrown open. That this was 
deemed unnecessary in other cases is evident from 
a subsequent letter of 25th May, 1631, whereby 
inclosures begun might proceed on due 
undertakings that the houses of husbandry be not 
restricted injuriously or the highways interfered 
with. That considerable care was exercised in the 
matter is evident from further references in the 
proceedings of the council. On 9th October, 1633, 
the judges of assize were ordered to attend the 
board on the 18th to give an account of their 
doings and proceedings in the matter of 
inclosures. Unfortunately in the account of the 
meeting on this date and of the interview with 
the judges no definite reference is made in the 
Register to what transpired in the case of 
inclosures. In general it is said that the 
justices of the peace do not meet often enough to 
carry out the Book of Orders and that the returns 
of the sheriffs are defective. Among the State 
Papers is a copy of a warrant to the 
attorney-general to prepare commissions touching 
depopulation and conversion of arable in the 
counties of Lincoln, Leicester, Northampton, Somerset, Wilts, and Gloucester.

  While it is doubtful if much was done directly 
to stay inclosure, and while with the approach of 
the Civil War the time of the council was 
necessarily devoted to other matters, the 
existence of an inclosure movement is certain. It 
is equally clear that information was obtained of 
which some use was made, though possibly for 
other ends than the benefit of the agricultural 
interest and the people. In 1633-4 we find a 
proposal that all inclosures made since 16 James 
I. should be thrown back into arable on pain of 
forfeiture, save such as be compounded for. The 
suggestion was not lost sight of, and from 1635 
to 1638 compositions were levied in respect of 
depopulations in several counties of which an 
account is fortunately preserved. Some 600 
persons were fined during this period, the 
amounts in some cases being considerable. The 
following is a summary of the sums obtained from 
compositions in the several counties affected during these years:


  County
  1635

  £
  1636

  £
  1637

  £
  1638

  £
  Total

  £

  Lincolnshire
  3,130
  8,023
  4,990
  2,703
  18,846

  Leicestershire
  1,700
  3,560
  4,080
  85
  9,425

  Northamptonshire
  3,200
  2,340
  2,875
  263
  8,678

  Huntingdonshire
  680
  1,837
  230
  2,747

  Rutland
  150
  1,000
  1,150

  Nottinghamshire
  2,010
  78
  2,088

  Hertfordshire
  2,000
  2,000

  Gloucestershire
  50
  50

  Cambridgeshire
  170
  340
  510

  Oxfordshire
  580
  153
  733

  Bedfordshire
  412
  412

  Buckinghamshire
  71
  71

  Kent
  100
  100


  (apologies but this table doesn't seem to have 
come out 100% - please see the section 
immediately above this article - it will print 
correctly if you download the Word document - ed.)



  Having regard to the size of the counties and 
the number of instances in each, this may be 
taken as indicating a considerable amount of 
inclosure in the case of the first six 
counties-Lincoln, Leicester, Northampton, 
Huntingdon, Rutland, and Nottingham. Only 
inclosures leading to depopulation were supposed to be included.

  To the evidence thus given in official records 
as to inclosure during the first half of the 
century must be added that of the drainage inclosures.

  A large body of evidence as to in closures and 
their distribution, mainly affecting the latter 
part of the century, lies in the Chancery 
Enrolled Decrees, where cases of inclosure suits 
and agreements occur in large numbers. These are 
of different kinds. In some instances agreements 
were enrolled to secure record and to bind the 
parties concerned; in other instances the object 
was to bind a minority who were not consenting 
parties to the case. For this purpose what seems 
to have been a collusive suit was brought against 
certain persons proceeding to in close and a 
decree obtained giving allotments to the 
petitioners. This was used, though obviously 
illegally, to prevent third persons not parties 
to and probably often in ignorance of the action 
from disturbing the division of the ground in 
question. That this was illegal is clearly stated 
by the author of the legal text-book on the Law 
of Commons and Commoners (1698), but his language 
leaves no doubt as to its occurrence. Probably in 
the then state of the rural districts the method 
was efficacious. Not only so, but the threat of a 
suit at law was used frequently, we are told by 
others, to secure assent to a proposed agreement 
to inclose. The mere menace would inevitably 
cause many to assent and others to withdraw from 
their rights. But the defect as against those who 
stubbornly adhered to their opposition, and who 
had sufficient means to give expression to their 
opposition, doubtless strengthened the growing 
desire for some parliamentary action, a full 
account of which has been given already. By this 
it will be seen that no fewer than eight general 
bills dealing with commons or common land were 
introduced into Parliament during the last half of the century.

  The allusions to tumults in Northamptonshire at 
the beginning of the century, a repetition of 
which was feared at the time of Lord Say's 
destruction of an inclosure, together with the 
movement of the Diggers, add the testimony of 
public disorder to the very considerable array of 
evidence adduced. A further supplement is to be 
found in the references made both by contemporary 
writers and by those of the earlier part of the 
next century to specific inclosures. Thoroton 
mentions some in Nottinghamshire. A list of the 
inclosures in Leicestershire, drawn up in the 
eighteenth century, notes some as effected in the 
previous century. A few instances in 
Northamptonshire beginning with 1600 are given by 
Bridges. The list might be further multiplied. 
Isolated instances are chiefly useful as filling 
up and strengthening the more general assertions 
made elsewhere. By themselves, however, they are too few to be of great value.

  On turning to another kind of evidence and 
attempting some comparison between the state of 
the country, or rather of different districts, as 
described at approximately the beginning and 
approximately the end of the century, very 
obvious difficulties present themselves, except 
in one instance. The terms used are general and 
not precise, while further the obvious aim of the 
writer at any date is to compare the state of any 
particular district with that of adjacent 
districts or of the country at large at the same 
date. Hence the meaning of the terms "champion" 
or "inclosed" varies a good deal. But this 
feature, which renders the various descriptions 
so good for a comparison of the different parts 
at the same time, takes away from their value as 
a means of comparing the condition of one 
district at one time with its condition at 
another time, save when the change has been so 
great that the main character of the district is 
transformed, or when the change has been very irregular in its distribution.

  In one instance, however, this difficulty does 
not present itself, and a good deal as to the 
progress of inclosure may be learnt from a 
comparison of the Itinerary of Leland with the 
road maps of Ogilby. Out of the references by 
Leland to the condition of the land along the 
road traversed, counting as one each case where 
there is a practically continuous account of a 
uniform character, about one-half can fairly be 
identified with a route described by Ogilby. Of 
these in twenty-seven cases the land is 
apparently in much the same condition. In the 
case of fourteen the amount of inclosure however 
has obviously increased, sometimes very greatly 
increased. Some two or three other cases, though 
indications point in the same direction, have 
been put aside on the ground that the evidence is 
inadequate. I t ought to be added that in no case 
does land stated to be inclosed on the earlier 
tour appear to have fallen back into an open 
condition. Taking these fourteen cases, two occur 
in Devon and Cornwall, and so the inclosure is of 
waste or open common, three in Yorkshire (E. and 
N. Ridings), one in Hampshire, one in 
Worcestershire, while the remaining seven are in 
the Midlands. Three of these last seven are in 
Northamptonshire. The route taken by Leland in 
South Leicestershire runs from Stanton 
(Stoughton) to Leicester, and the traveller adds 
"all by champain land." The neighbouring route 
described by Ogilby from Glen to Leicester runs 
through in closed ground, a fact which suggests 
that there had been some increase of inclosure in 
this district. Turning from the particular 
instances analysed above, a careful comparison of 
the two itineraries, to give a common name to 
both, certainly leaves an impression of a general 
and marked increase in inclosed land, though, 
except in the Midlands, it seems that inclosure 
rather tends to increase in areas and to extend 
along lines already affected by the movement than 
to break out in wholly new districts.

  Turning to the general comparison of 
descriptions and records at different times, for 
reasons already given great care must be 
exercised. Certain instances occur, however, 
where a definite conclusion seems possible. 
Leicestershire is described as " champion" in the 
Geographical Description of England and Wales 
(1615), while Burton (1622) specially says that 
the south-east is " almost all champion." On the 
other hand according to Ogilby's road maps there 
was a large amount of inclosed ground in the 
south-east. Again, we have in Aubrey a definite 
comparison of North Wilts at an early date and 
towards the end of the century, the latter state 
being confirmed by Ogilby. Of Durham the east is 
"most champain," according to the Geographical 
Description, a condition apparently continuing in 
1673, when, Blome writes in Britannia, the east 
is champain. On the other hand, according to John 
Lawrence in 1726 nine parts in ten are inclosed. 
In North Wilts, according to Leland, the route 
from Cirencester to Malmesbury was after the 
first mile all by champain, which continues to 
Chippenham. But by the latter part of the century 
much in this district was inclosed, a state of 
things very clearly shown in the roads passing 
through Malmesbury by Ogilby. Again, if Norden is 
accurate in describing Dorset, Wilts, Hampshire, 
and Berks as being champion in 1607, the state of 
the roads in Ogilby indicates that in Berkshire 
as well as in Wiltshire a considerable amount of 
inclosing had taken place during the seventeenth 
century. The same, though probably to a less extent, is true of Hampshire.

  Before summarising the foregoing some account 
may be attempted of the condition of the country 
in respect of inclosure at the time of Ogilby's 
road book Britannia, which bears date 1675, 
supplementing that with references of the same 
time or a little later. Such an account requires 
considerable additions to make it applicable to 
the end of the century, since there can be no 
doubt that the movement progressed considerably during the last two decades.

  If we follow Ogilby's description of the land 
lying at the side of the routes he traversed as 
fairly illustrating the country, the area in 
which open land chiefly continued at that time 
forms an irregular triangle, the apex of which 
lies in South Wilts, somewhat south and midway 
between Warminster and Salisbury, and the sides 
extend in a north-easterly and easterly direction 
respectively to the east coast. Of these the 
north side may be roughly figured as passing 
through Warminster and Devizes to Highworth; 
thence almost direct north to Stow, whence it 
makes a detour in a north-westerly direction 
through Pershore almost to Worcester, thence by 
Alcester, Coventry, Kegworth, Mansfield, Blyth, 
Doncaster, Pontefract, York, to Gainsborough, and 
thence to the coast. 'The more southerly side 
runs through Salisbury, Hungerford, Oxford, 
Aylesbury, Newport Pagnel, thence with a 
southerly detour through Luton to Biggleswade, 
thence by Royston, Linton, Newmarket, to Bury St. 
Edmunds, and thence by Thetford, Hingham, 
Norwich, southerly to Great Yarmouth. The 
triangular area thus roughly delineated consists 
of the following counties: all or very nearly all 
of Cambridge, Bedford, Northampton, Huntingdon, 
Rutland, Lincoln, and Leicester, also S. and E. 
Warwick, S. Wilts, W. Norfolk, E. Yorks, a 
considerable part of Oxford, Buckingham, 
Nottingham, some part of Worcester, and small 
portions of Berks and Suffolk. There was, of 
course, open land outside, in addition to that 
lying in down, moor, heath, and hill, but if 
Ogilby can be taken as indicating the average 
character of the land it was in this area that 
open field and commons constituted a widespread 
feature. On the other hand, it is equally clear 
from Ogilby that there was a very large amount of 
in closed land in the area described, a feature

  particularly conspicuous in Northamptonshire, 
S. Leicestershire, W. Norfolk, S. 
Nottinghamshire, S. Lincolnshire, and Yorkshire. 
Elsewhere the inclosed land presents itself more 
intermixt and in less continuous amounts, as in 
Bedfordshire. There is little doubt that by the 
end of the century the proportion of this had 
increased. The tendency for inclosure to prevail 
near towns of any size is marked and important. 
But this suggests the need of some allowance in 
our account for a larger amount of open land more 
distant from roads and so less accessible to or more distant from towns.

  Summarising the evidence which has been 
adduced, it is clear that inclosure had been 
going on with some activity in the latter part of 
the sixteenth century. When the seventeenth 
century opens inclosure is attracting 
considerable attention, some part of which is no 
doubt due to the menace of disorder, or even to 
actual disturbances as in Northamptonshire. 
Complaint, however, is not confined to that 
county, but extends into Warwickshire and 
elsewhere. At the same time in Cornwall wastes 
are being inclosed for the purpose, it may be 
assumed, of cultivation. With time the movement 
in the Midlands, so far from being stayed, 
gathers force and extends over the adjacent 
districts to such an extent that the fear of 
depopulation leads to official inquiry into what 
was happening in the counties of Northampton, 
Leicester, Derby, Huntingdon, Nottingham, 
Gloucester, Wilts, Somerset, and Lincoln. Redress 
in certain cases is attempted, but not, it would 
seem, often, the most systematic use of the 
information obtained by these or other inquiries 
being the exaction of compositions from 
offenders, a course which obviously assisted the 
king in his effort to avoid dependence upon 
parliamentary supplies, though it might not 
remedy the evil. The chief counties affected by 
such compositions were Lincoln, Leicester, 
Northampton, Huntingdon, Nottingham, and Rutland. 
They certainly do not do much to stay the 
movement in the Midlands, which leads to 
considerable local controversy as to the results 
occasioned. Whatever be thought of these there 
can be no doubt that inclosure in the Midlands 
was both continuous and wide 'spread, though it 
probably was most severe in the border district 
between Warwickshire, Leicestershire, and 
Northamptonshire. Meantime there are marks of 
like change elsewhere, as in North Wilts, where 
the inclosures extend over a considerable area, 
and in other districts where the mentions which 
survive are of separate instances. During the 
latter half of the century there is a great body 
of evidence as to the extensive nature of the 
movement, which evidently increases during the 
last two decades. As to this latter period, the 
evidence goes to show that very large quantities 
of land were regularly inclosed. The question of 
in closure is now not in any sense local, its 
advocates going so far as to seek to obtain 
parliamentary sanction to remove the difficulties 
which seem to have impeded though they could not check its course.

  As can be seen from a comparison of this 
summary with the account drawn from Ogilby the 
chief area in which inclosure is mentioned as 
taking place coincides roughly with the region in 
which there still remained a large quantity of 
open. But in closure also took place just on the 
borders, and the inclosures in Durham and the 
north must be treated as additional. But it must 
be remembered that in closures which created no 
grievance, public or private, which, that is, did 
not threaten the realm with depopulation or 
dearth, or dispossess individuals of rights or of 
all opportunity of earning a living, were little 
likely to attract attention. What we know of the 
north or of Wilts, or of the sands of Norfolk, is 
due to rather casual notices. Even Moore, the 
vehement censor of the movement, writes, "I 
complain not of inclosure in Kent or Essex, where 
they have other callings and trades to maintain 
their country, or of places near the sea or 
city." By the side of this passage may be put his 
remark that" the great manufacture of 
Leicestershire and many (if not most) of the 
inland counties is tillage." Probably this 
attempt at discrimination is due to a desire to 
distinguish between what was occurring in his 
neighbourhood and what was taking place 
elsewhere. The reference may be restricted 
intentionally to Essex and Kent, in neither of 
which is it probable that there was inclosing 
during this century, but on the whole a wider 
application seems more probable. Towns, it must 
be remembered, were growing and manufacture was 
on the increase, and, to judge from Ogilby and 
other sources, inclosure in the neighbourhood of 
the towns' was of usual occurrence. Some further 
evidence to this effect is offered by the 
complaint that the poor, deprived of the chance 
of labour in the field, were driven into towns. 
The material conclusion is that additional 
inclosure, which, far from being complained of, 
was regarded with favour, took place round the 
growing cities and towns. The growth of 
industries had undoubted influence in this 
direction. The weaving districts both in the east 
and in the west had been gravely affected in the 
early part of the sixteenth century, when the 
need of local supplies led to a considerable 
alteration in the cultivation of the land. It 
must not be assumed that the conversion, when it 
occurred, from arable to grazing was wholly in 
view of wool. The increase in the need for food, 
and especially animal products for consumption, 
must be taken into account. In some districts no 
doubt both wool and corn were largely imported, 
as was the case in part of Devonshire at the end 
of the sixteenth and the beginning of the 
seventeenth centuries, when, as we hear in an 
account in 1630, the country was so full of 
cloth-making that food was imported. The wool 
used was not only local, or even from the 
neighbouring counties of Cornwall and Dorset, but 
brought from elsewhere, as from Worcestershire 
and Warwickshire. Probably this was true also of 
Somerset. Though tillage was still the great 
interest in the Midlands in the seventeenth 
century, town growth and the spread of industry 
were beginning, and these had a necessary effect upon inclosure.

  Again, the inclosures in the north and in 
Cornwall have been mentioned. But these were not 
the only districts where wastes existed. To judge 
from the accounts of England towards the end of 
the sixteenth century there was a vast quantity 
of wild, uncultivated ground, of heath, moor, 
fen, and forest. To this Leland bears testimony 
in his Itinerary, while the already cited 
memorial by Alderman Box lays stress on its 
amount, as also on the desirability of its 
cultivation. Now any such quantity of waste land, 
as may be estimated from these and other sources, 
is, save in some districts in the north, quite 
inadequately accounted for in the inclosures by 
private act in the eighteenth and nineteenth 
centuries, or in the other recorded inclosures. 
Considerable ground was brought into cultivation 
by the drainage of the fens, and to this, it is 
contended, must be added the land recovered as it 
were from a wild condition. It is probable, 
indeed, that some portion was inclosed and 
cultivated during the earlier years of the 
eighteenth century. But, granting this and making 
allowance for the condition of the country in the 
late sixteenth century, the conclusion that a 
very considerable quantity of inclosure from a 
wild condition took place in the seventeenth or 
early eighteenth century is necessary. It may be 
contended that in a large number of cases such a 
course did not imply technical inclosure, 
inasmuch as the land may not have been under any 
common right servitude, and further that in such 
an event there would be nothing to tell of its 
inclosure, if the term be employed, even during 
the period of private acts. This may be true or 
partially true in the more outlying regions, but 
so far as much wild land is concerned the 
testimony of Box is in the opposite direction, 
since one object of the particular method 
suggested by him is to prevent tenants having 
rights from being deprived of them, as they 
evidently were being deprived on inclosure. But 
even in the case of land where rights either had 
not existed or had fallen into desuetude, from 
the early middle of the eighteenth century our 
knowledge of the movement is sufficiently 
complete to preclude its inclosure in large 
quantities without some notice. The enlargement 
of the whole region of or near cultivation after 
the middle of the sixteenth century seems to 
justify the conclusion that much in closure of 
this kind must have taken place during the 
seventeenth century, possibly during the latter years.

  During the long period dealt with, extending 
from the later years of the sixteenth to the 
beginning of the eighteenth century, there seems 
abundant evidence as to the progress of inclosure in the following counties :

  Warwick, Derby, Norfolk, Leicester, Nottingham, 
Durham, Northampton, Rutland, Cornwall (early), Hunts, Wilts,

  There is also testimony as to some inclosure in 
certain other counties, though not of so definite 
a character or in such great amount

  Buckingham, Hampshire, Gloucester, Berkshire, Somerset, Yorkshire (part of)

  -to which might possibly be added other 
counties in the north to which inclosure had 
spread from Durham. In addition both from the 
Decree Rolls as also from scattered instances 
occasional inclosure was taking place throughout 
the country generally. But as to this it should 
be remembered that some counties were in a highly 
inclosed state when the period opened. Among 
these were Suffolk, Essex, Hertford, Kent, Devon, 
Herefordshire, Shropshire, Cheshire. Both 
Cornwall and Somerset, different in character as 
their inclosures are, were probably highly 
inclosed. Whether much inclosure went on during 
this period in Bedfordshire is difficult to 
decide. According to Ogilby a good deal of 
inclosure had been achieved by that time. It 
seems probable that the northern part of 
Cambridgeshire was in closed at the end of the century.

  Leaving, however, the more special cases on one 
side the general outlines of the 
seventeenth-century inclosure seem clear and 
sufficiently distinctive to permit of certain 
conclusions. Firstly, there is evidence of 
inclosure continuing from earlier times through 
the Thames district. The Norfolk inclosures 
probably arose from new causes and at the end of 
the period. In Durham and the north the movement 
rises and develops. Probably much the same may be 
said of the whole district round the Wash. In the 
Midlands we have a movement which, though not 
new, since the north of Warwickshire was already 
inclosed to a great extent, increases very 
rapidly. Secondly, the. country in the regions of 
early industrial and town growth was already 
largely inclosed. Thirdly, a considerable amount 
of land was reclaimed from an uncultivated state 
by fen or draining inclosures, and in some cases 
from encroachment by the sea. Fourthly, the 
development of inclosure in the northern Midlands 
attacks a region, little affected hitherto, under 
very particular conditions. The soil of a large 
part of the district under the old common field 
system could not be devoted to the use for which 
it was best adapted-namely, grazing. Again, 
during that century a considerable quantity of 
land was reclaimed, thus adding to the area of 
cultivation much new and good corn land. 
Transport was developing and security of 
locomotion was greater. On the other hand towns 
were beginning to develop, and to some extent at 
any rate it would seem probable that inclosure 
took place owing to their development, and it may 
have been to supply their needs.

  The method and nature of the inclosures during 
this period now call for some notice. The mode 
whereby these were effected at once follows in 
due sequence on that pursued in earlier times, 
and prepares. the way for that which was employed 
in the next century. In the first place 
approvement was still in force, and there is 
evidence that the powers thus at the disposal of 
the lord of the manor were in use. Among the 
answers to the inquiries set on foot by the privy 
council are references to sufficient land being 
left to others, in one case the lord alleging 
that he has left as much "as by law he ought to 
do." That this means became of less use as time 
passed and with the decrease of the land in waste 
seems evident both from the nature of the case 
and also from the attempts in 1696 and 1697 to 
revive or even extend old powers. In the second 
place, while arbitrary inclosures no doubt took 
place, they seem, so far as their direct 
character is concerned, to have yielded to the 
development in the administration of the law. 
Agreements take their place, though not 
necessarily to the prevention of arbitrary 
action. That is removed one stage further off, 
and manifests itself in the kind of pressure 
exerted to secure assent to these agreements. 
Unwilling commoners are threatened with the risks 
of long and expensive lawsuits; in other cases 
they are subject to persecution by the great 
proprietors, who ditch in their own demesne and 
force them to go a long way round to their own 
land, or maliciously breed rabbits and keep geese 
on adjoining ground, to the detriment of their 
crops. In addition, to some extent, though until 
the records of the decrees in chancery have been 
fully examined it will be impossible to say to 
what extent, advantage was taken of the ignorance 
of the small commoners to make an illegal use of 
judgments obtained in their absence against their 
right of common. Thus agreements real or 
fictitious were secured. Probably where but few 
were concerned it was not difficult to bring 
people to .a voluntary assent, and in other cases 
by mingled cajolery and pressure dissent could be 
prevented. But the complexity of rights which 
existed in the larger number of open fields and 
the growing knowledge that decrees obtained in 
chancery did not bind a dissentient minority 
rendered resort to parliamentary sanction desirable.

  Hence arose the movement which began in the 
promotion of a bill to make such decrees valid, 
and ended in the resort to private acts. These 
must not be regarded as involving a novel system 
of inclosure. They became necessary in order to 
carry out the system of agreements on a large and 
uniform scale, supplying both a means of 
registering them, where unanimous, more 
convenient than that previously employed, and 
further a legal method of enforcing agreements 
arrived at by a large majority upon a small and 
very often an ignorant minority. In many cases 
the early acts do little more than give legal 
assent and force to a division and inclosure 
already agreed upon and apparently in the process 
of execution. Nor were they without precedent. In 
addition to the acts passed for the inclosure and 
division of lands under particular conditions, 
as, for instance, those reclaimed by drainage or 
needing protection from encroachments by the sea, 
there is at least one early act of this very 
nature. The precedent was not, indeed, followed 
at the time, owing, at any rate in part, to the 
other means which presented themselves for the 
ready accomplishment of the end in view. At the 
close of the period matters had changed. These 
means had been exhausted or found ineffective for 
further use. So gradually recourse was had to the 
system of private acts. Their use, however, 
coincides in an interesting way with the growing 
assertion of parliamentary methods as contrasted 
with the action of the crown by ordinance or 
decree. A private act is the answer by the king 
in parliament to the petition by a subject. But 
the decree in chancery is the answer by the king 
to such a petition in his court of chancery. In 
this sense continuity is exhibited in form as well as in substance.

  Though it is not possible here to attempt a 
discussion of the nature of the inclosures of 
this period or of their consequences, one or two 
remarks may be added. Taking the century as a 
whole the grave apprehensions expressed as to 
depopulation or diminution of arable were not 
fulfilled. In large measure inclosure was 
promoted in view of agricultural or even arable 
necessities. The relief of these inspired the 
support of the movement by its strongest 
advocates, as Standish, Lee, the author of the 
Considerations, and Houghton. The. opportunities 
which were offering for skilful farming made some 
alteration imperative. Again, at the very close 
of the century there is the positive assertion 
that less land is devoted to stock than was 
recently the case, while the Records of the Privy 
Council show that these results were often absent 
in the very cases selected for inquiry. It will 
be remembered that writers like Moore admit that 
a good deal of inclosure might occur without such 
consequences. On the other hand it is clear that 
at certain times and in certain districts, 
particularly in the Midlands, conversion from 
arable to pasture took place. Diverse influences 
were at work. Of these the most important are the 
growth of towns, which, while making better 
farming imperative, tended towards inclosure in 
the neighbourhood and the local increase of 
stock; the improvement in farming methods, which 
made the difference greater between the good and 
the bad farmer; and, lastly, the growth of 
locomotion. The skilful farmer required freedom 
for the exercise of his skill, and it was to the 
benefit of the nation that land should be put to 
the use for which it was fitted.

  Speaking generally, the notion that the sole 
aim and result of inclosure during this period 
was the conversion of arable to pasture must be 
abandoned. No doubt this took place in many 
cases. No doubt, too, that in the earliest stage 
of the movement conversion was an important 
though possibly an exaggerated feature. But the 
description does not apply to the later sixteenth 
and seventeenth centuries as a whole. In Leland's 
Itinerary, as has been already pointed out, there 
is mention of inclosed land in some sixty 
instances. In twenty-six of these notice is 
definitely made of corn. Sometimes the land is 
termed "goodly corn land" ; sometimes it is said 
to be fruitful and plentiful of grass and corn, 
and at other times fruitful of grass and corn. 
But in each case the corn is sufficiently obvious 
to be noted. Again, in the Properties of the 
Shires, printed with the Itinerary, we hear of 
Somerset, a much inclosed county, that it is 
"good for whete." If we turn to Suffolk, also a 
very early inclosed county, we learn from Reyce 
that in Mid Suffolk there is both pasture and 
tillage; but mainly the latter, and this is not 
the district which he treats as champion. On the 
contrary, the greater number of flocks are in the 
champion district, the west. There is, of course, 
much other evidence so far as many cases are 
concerned. Lee, in Regulated Inclosure, while 
claiming that hedges provide shelter for cattle 
also argues that they are good for crops, an 
opinion which, though probably erroneous, shows 
that the inclosure movement was definitely viewed 
as acting favourably on arable cultivation. 
Reconversion after a rest is evidence as to 
result, if not intention. If at the end of the 
century we turn to Celia Fiennes's record of her 
journeys, despite the sporadic character of her 
references, which invalidates her testimony with 
regard to the condition of the land, whether open 
or inclosed, her mention of inclosures makes it 
clear that these had not necessarily resulted in 
the substitution of pasture for arable. Her 
distinct references to inclosure are some thirty 
in number. In about half these instances there is 
nothing said to indicate the use made of the 
land. Of the remainder in some six instances she 
specifically mentions the corn, while in the rest 
the ground is styled fruitful, or good, or the like.

  I t will not be out of place to conclude with a 
brief statement of the chief matters dealt with 
and the conclusions reached, or at any rate 
indicated. In the first place it has been 
contended that during this century inclosure 
proceeded steadily and over a wide area, and that 
a very large amount of land from being open 
passed into several ownership and was in closed. 
In the second place, these inclosures form part 
of a general movement which during this period of 
a century and a half extends into and then 
becomes very marked in a particular area, while 
doubtless still continuing, though to a much less 
extent, outside that area. In some districts it 
would appear that for the time it had reached its 
limits. In the third place, the movement was 
continuous not only in itself but in the means 
adopted to give it effect. These means follow 
each other in natural and explicable sequence. 
Lastly, the condition of the Midlands attracted 
particular attention. This area was affected for 
different reasons, and especially because, 
firstly, towns and industries were beginning to 
develop, secondly, in certain districts the old 
common field system had kept under grain land 
peculiarly suited for pasture, and thirdly, 
better land for grain had been added by means of 
drained and reclaimed or improved land.
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shall not be made known. What I tell you in 
darkness, that speak ye in the light and what ye 
hear in the ear, that preach ye upon the housetops. Matthew 10:26-27

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