(d) that the area of common field in the parishes for which there are no tithe maps should have been estimated on correct principles.

Not one of these conditions was satisfied.

(d) Taking these in reverse order, it is assumed in calculating the area of common fields in parishes that have no tithe maps, that they have the same ratio of common field to other land as those which have tithe maps. This principle is entirely wrong for two reasons: (1) because Private Enclosure Acts usually arranged for tithe commutation, so that parishes enclosed by such Acts before 1830 are ordinarily among those without tithe maps—and equally among those without common fields; and (2) the existence of unenclosed common fields would be a reason for demanding a commutation of tithe. The importance of this may be shown by taking Bedfordshire as a test case. For sixty-eight Bedfordshire parishes there are no tithe maps, and the Commission estimates that these sixty-eight parishes have 12,925 acres of common fields. But sixty-six out of these sixty-eight parishes were enclosed by Private Acts, leaving two parishes only, of a combined area of 3578 acres, in which a survival of common field might reasonably be deemed possible, though even in these extremely improbable. Instead of 12,925 acres of common field for this part of the county, the only reasonable estimate would be 0.

Similar statements might be made with regard to any other county which was mainly enclosed by Act of Parliament, as Northampton, to which 13,446 acres of common field are attributed to the non-tithe map parishes; Lincoln, to which 10,823 acres are similarly attributed; Berkshire, with 2705 acres; Buckingham, with 2365 acres; Cambridge, with 2678 acres; Huntingdon, with 2336 acres; Nottingham, with 6617 acres; Oxford, with 4839 acres; Rutland, with 5726 acres, and the East Riding of Yorkshire, with 7359 acres. For this cause alone by far the greater part of the 97,354 acres added on to the total estimated from tithe maps must be rejected, and of course any error of over-statement that we find with regard to parishes which have tithe maps will still further reduce the remainder.

(c) Due allowance has not been made for enclosure between the date of the tithe apportionment and the date of the return. It is of course very difficult to say how this could have been done without an elaborate and expensive local enquiry, so far as relates to enclosure without Parliamentary authority. As a matter of fact, no allowance at all has been made for this sort of enclosure. This is justifiable; but at least a general statement should have been made to the effect that a very large deduction had to be made on this account in order to obtain a correct idea of the position. Further, great carelessness was shown even in allowing for Parliamentary enclosures subsequent to the tithe apportionment. Thus, to take one glaring instance, 1500 acres of common field are credited to Beddington and Wallington, near Croydon, in Surrey. These common fields were enclosed by an Act dated 1850, and the award, dated 1853, was at the time of the return deposited with the Copyhold, Inclosure, and Tithe Commission.

(a) and (b) But it is in distinguishing the common fields and in estimating their area from the tithe maps that the worst mistakes have been made. The Commission says that “the common fields are generally distinguishable by the particular manner in which they are marked on the tithe maps.” From a comparison of a good many tithe maps with the figures given in the return, I infer that those to whom the duty of distinguishing the common fields was entrusted, were told that areas divided into sub-divisions on the maps by means of dotted lines were common fields. These dotted lines indicate a division of ownership marked by some slight boundary and not by a hedge. They might indicate allotments, for example, or a number of other local circumstances, besides common fields. The statements that 4183 acres of common field were to be found in Kent, and 13,439 acres in Wales, being specially in direct contradiction of all other evidence that I had collected, I tested these by two instances. In Kent 1400 acres were assigned to the parish of Northbourne. By a close examination of the tithe map I could find nothing indicating any common field at all; the only excuse for the statement was a few dotted lines, which by a reference to the Award were proved to indicate only that some fields were inadequately hedged. For Wales, I got out the map and award for Llanerlyl, in Montgomery, credited with 1675 acres of common field. Here there was something to be found on the map looking exactly like common field, but the Award showed that these dotted strips of land were “turbaries.”

We have seen that the open field parish in its perfection, as Castor and Ailesworth before enclosure, possessed common arable fields, common meadows, common pasture, and frequently commonable waste, like Ailesworth Heath. Where the parish as a whole becomes enclosed without an Act of Parliament, particularly if the enclosure is gradual, the waste frequently remains common. Thus we have the numerous commons of Kent, Surrey, and other counties. Less frequently, but still in a considerable number of cases, the common meadows remain open commonable and unenclosed. Port Meadow at Oxford is a familiar instance. These common meadows are included in the return under consideration among the common fields. Thus, for instance, the surprise with which one receives the information that Tottenham, in 1873, had 300 acres of common fields, disappears when it is perceived that the marshes along the River Lea are meant.

It will also be noticed later on that in parishes where the common field system has disappeared for generations, there are frequently still remaining in the midst of enclosed fields strips of land of different ownership from the rest of the field, but let to the same farmer, and without any visible demarcation. Such fields in Wales and the north-west of England are called “quilleted fields.” The tithe map records, with its dotted lines, the area and position of the “quillets.” Such fields are included under “common fields” in this return.

In at least the great majority of cases where the supposed common fields are small, it is probable that nothing more notable than quilleted fields existed at the time the tithe map was made; and even this survival would, in most cases, have disappeared since. Out of the 905 alleged cases of common fields, in 670 cases the areas given are under 100 acres.

In fine, this return of commons and common fields, which gives such a fair promise of numerous surviving common fields, in reality gives little assistance, because there is but the remotest probability in any particular case that those common fields exist. The probability is sufficient in some cases to encourage one to make local enquiries, but these enquiries nearly always end in disappointment. The following cases in which common arable fields theoretically survive, are chiefly interesting as illustrating the phenomena of the decay of the common field system in villages where it has not died a sudden death through enclosure. I omit the case of Hitchin, made famous by Mr. F. Seebohm.