After a time, moreover, another fact became apparent: there was a marked tendency to break up and again cultivate the land which in former generations had been converted to pasture. The statute of 1597 not only contained a proviso permitting the conversion of arable fields to pasture on condition that other land be tilled instead,[[134]] thus tacitly admitting that the reason for withdrawing land from cultivation was not the low price of grain, but the barrenness of the land, but also explicitly referred to this fact in another proviso permitting the conversion of arable land to pasture temporarily, for the purpose of recovering its strength:
Provided, nevertheless, That if anie Pson or Body Pollitique or Corporate hath ... laide or hereafter shall lay anie grownde to graze, or hathe used or shall use the same grownde with shepe or anie other cattell, which Grownde hath bene or shall be dryven or worne owte with Tillage, onely upon good Husbandrie, and with intente bona fide withowt Fraude or Covyne the same Grownde shall recover Harte and Strengthe, an not with intent to continue the same otherwise in shepe Pasture or for fattinge or grazinge of Cattell, that no such Pson or Body Politike or Corporate shall be intended for that Grownde a Converter within the meaning of this Lawe.[[135]]
A speaker in the House of Commons commends these provisions:
For it fareth with the earth as with other creatures that through continual labour grow faint and feeble-hearted, and therefore, if it be so far driven as to be out of breath, we may now by this law resort to a more lusty and proud piece of ground while the first gathers strength, which will be a means that the earth yearly shall be surcharged with burden of her own excess. And this did the former lawmakers overslip, tyeing the land once tilled to a perpetual bondage and servitude of being ever tilled.[[136]]
Several years before the passage of this statute, Bacon had remarked that men were breaking up pasture land and planting it voluntarily.[[137]] In 1619, a commission was appointed to consider the granting of licenses "for arable lands converted from tillage to pasture." The proclamation creating this commission, after referring to the laws formerly made against such conversions, continues:
As there is much arable land of that nature become pasture, so is there by reason thereof, much more other lands of old pasture and waste, and wood lands where the plough neuer entred, as well as of the same pasture lands so heretofore conuerted, become errable, and by husbandrie made fruitfull with corne ... the quantitie and qualitie of errable and Corne lands at this day doth much exceed the quantitie that was at the making of the saide Lawe.... As the want thereof [of corn] shall appeare, or the price thereof increase, all or a great part of those lands which were heretofore converted from errable to pasture and have sithence gotten heart, strength and fruitfulness, will be reduced to Corne lands againe, to the great increase of graine to the Commonwealth and profite to each man in his private.[[138]]
John Hales had protested against depopulating enclosures, in 1549, by appealing to the public spirit of landowners. They increased their profits by converting arable land to pasture, but, he argued,
It may not be liefull for euery man to vse his owne as hym lysteth, but eueyre man must vse that he hath to the most benefyte of his countrie. Ther must be somethynge deuysed to quenche this insatiable thirst of greedynes of men.[[139]]
But now it was no longer necessary to persuade the owners of this same land to forgo their own interests for the sake of the public good. Those whose land had been used as pasture for a great number of years were finding it valuable arable, because of its long period of rest and regeneration. Land which had been converted to pasture was being put under the plow because of the greater profit of tillage.