The English Peasantry and the Enclosure of Common Fields

by Gilbert Slater

Sutton (Northamptonshire).

The parish of Castor, or Caister, includes, besides the hamlets of Castor and Ailesworth, the enclosure of which has been described, the townships of Sutton and Upton. Sutton had not at the time of the enclosure of Castor and Ailesworth been legally enclosed, and the parish is described from the tithe map as consisting of 450 acres of common field and 150 acres of common, out of a total of 888 acres. The vicar, who had bought nearly all the land in the parish, and also the manorial rights, in 1899 applied for an Act of Enclosure, which he obtained in 1901. There were in Sutton certain lands belonging to the township, intermixed with those in private ownership. The rents of these were paid with the poor rates. Up till 1880 the two farmers who between them occupied nearly the whole of the cultivated land, used to confer every year and agree upon their course of tillage. They were then persuaded by the vicar to disentangle their farms, and cultivate them in the ordinary way. At that time there ceased to be in Sutton any visible sign of any exceptional features in the system of landownership. The lands belonging to the township are recorded in the tithe map, and their measurement in the tithe award, but no balks to mark them are preserved.

I am indebted to the vicar of Sutton for the following illustration of the possible evils of the common field system. It occurred in a parish where he had formerly been resident, which he did not name.

In this parish two adjacent strips of land were occupied respectively by a farmer and a shoemaker. The farmer, who was a careful and diligent cultivator, having well manured and laboured his strip, sowed it with wheat, and as harvest approached saw the prospect of an exceptionally good crop. The shoemaker left his strip entirely untouched. But when the farmer was about to begin to reap, the shoemaker intervened, and claimed that the strip which was cultivated was his, and the untilled strip belonged to the farmer. The field jury was summoned, and the extreme positiveness and assurance of the shoemaker carried the day, and the shoemaker reaped the wheat. The farmer then begged his successful adversary for some compensation for his lost labour and expense, but was told that he might consider himself lucky not to be prosecuted for trespass. The farmer then proceeded to make the best of his bad bargain, and set to work to plough up the weeds and thistles that covered the strip of land awarded him. But as he ploughed he continually turned up pieces of leather, corners wasted in cutting out “uppers,” and other refuse of a shoemaker’s workshop. These he collected and brought before the field jury. The previous decision was then reversed and the shoemaker was compelled to make restitution to the man he had wronged.

Elmstone Hardwicke (Gloucester).

Elmstone Hardwicke is an extremely interesting example of the common field system in a state of natural decay. Very nearly the whole parish belongs to the Ecclesiastical Commissioners, but the holdings are intermixed and in small parcels, over a large part, perhaps 1000 acres, of the parish, the farms having been granted on leases of three lives. The farmers would be glad to consolidate their holdings and enclose, but the Ecclesiastical Commissioners effectually discourage this, as I was told, by exorbitant demands for increase of rent. On the other hand, I was informed that the Commissioners themselves desired to enclose, but did not care for the expense of proceeding by Act of Parliament, and they were endeavouring to obtain their object by refusing to “re-life,” in order that the leases might fall in, and be converted into leases for short terms that might be made to terminate simultaneously. Thus an old farmer who had a lease of 60 acres in 100 different parcels scattered over the common fields, informed me of the negotiations that had been entered into with him. He was by no means disposed to readily part with his lease, as he had two good lives remaining, both being his nephews, one aged 40 and the other 50. “They’ll both mak’ ’ighty,” he said, that being his own age, though he looked a score of years younger.

This one farmer still (in 1899) followed what had been the customary course of cultivation for the parish—a four years course of wheat, beans, wheat, fallow; this being a modification of a still earlier course of wheat, beans, barley, fallow, the soil being more suitable to wheat than to barley. The other farmers followed no fixed rule, each one cultivating his farm as he chose, subject, however, to the right that was still recognised and exercised, that each occupier could turn horses, cattle and sheep on to the common fields after harvest until the first of November. In consequence of the abandonment of the traditional course of cultivation the common use of the fallow-field has been dropped by general consent, for the last forty or fifty years. The institution of the field jury has also disappeared; though the above-mentioned old farmer still posts the notices declaring the fields open or closed, and so may be said to fill the post of “foreman of the fields,” he does so by right of inheritance rather than of election, in succession to his father.

Various controversies have arisen recently in Elmstone Hardwicke with regard to the rights of various persons interested. I have referred above to the case of the farmer who, in the spring of 1899, occupying a “headland” in the common fields on which various strips belonging to his neighbours abutted, instead of following the customary practice and waiting to plough till the last, ploughed his headland before the abutting lands were ploughed, and then sued for damages when his neighbours turned their ploughs on his land.

Another farmer who occupied a very small holding in Elmstone Hardwicke, and a much larger holding in an adjoining parish, made a practice of turning great numbers of sheep on the Elmstone Hardwicke common fields in the open time, which he was able to keep in the close time on his other land. The question arose whether this unfair procedure was lawful. The coming into force of the Parish Councils Act of 1894 also had the effect of suggesting enquiries into the claims of labourers to share in common-right privileges.