[712] For Norfolk and the West of England, Leonard, Trans. Royal Hist. Soc., vol. xix. For Nottinghamshire, Lincolnshire and Derbyshire, S. P. D., Ch. I. vol. clxxxv. No. 86, and vol. ccvi. No. 71 (quoted in Appendix I.), and vol. clxxxv. No. 41. For Leicestershire, Privy Council Register, vi. 385, and Gonner, Common Land and Enclosure, p. 165. For Yorkshire, see pp. 374–375. Professor Gonner (op. cit., p. 167) estimates that about six hundred persons were fined, the sums obtained from thirteen counties amounting to about £46,800.
[713] Hearnshaw, Southampton Court Leet Records, 1550. Presentment of “the names of the Commoners which require redress of the Commons inclosed, as they saye, contrary to the King’s Majesty’s statutes, and that they may be laid abroad according to the said statutes.”
[714] Original Papers of the Norfolk and Norwich Archæological Society, 1907, p. 185.
[715] Bateson, Records of the Borough of Leicester, 1509–1603, pp. 300–301.
[716] Gay, Quarterly Journal of Economics, vol. xvii.
[717] For the debates of 1597 and 1601 see D'Ewes' Journal, pp. 551 and 674 ff.: a special exemption from the operations of the Act was allowed to a landlord who had got letters patent authorising him to enclose 340 acres “too moist and soft and altogether unfit for tillage.”
[718] Hist. MSS. Com., MSS. of Marquis of Salisbury, Part. VII., pp. 541–543.
[719] Pseudonismus, A Vindication of the Considerations concerning Common Fields and Enclosures, 1656: “The Statute of Tillage hath excited some and affrighted others that the land in each field is not and cannot be husbanded as it ought.” The “Statute” alluded to is the Bill introduced in this year which did not become law.
[720] Harrington’s Works (1700 edition), pp. 388–389.
[721] Kalm’s Account of his Visit to England on his Way to America in 1748, translated by Joseph Lucas, p. 282. I am indebted for this reference to Dr. Gilbert Slater. The exact words are: “Nor had they any turnip land to feed sheep upon. Therefore they were deprived of the advantage of getting to sell any fat sheep or other cattle. The reason they gave for all this was that their arable was common field, and thus came to lie every other year fallow, when one commoner always had to accommodate his crops to the others; but the principal reason of all was said to be that,” and so on as in text. I am not sure that I have interpreted the passage rightly in assuming that it alludes to the illegality of enclosure without Act of Parliament. It may merely mean that, without an Act of Parliament, the necessary agreement could not be obtained among all those interested. I follow Dr. Slater’s interpretation.