But while these causes were always operating on individuals, the most potent influence in forming a class of prosperous peasants was, no doubt, the spread of commerce and its reaction on agriculture. Its effect is shown by the fact that it is just in those parts of the country where trade is most highly developed, and where, therefore, the use of money and the growth of wealth encourage speculation of all kinds, that the commercialising of landed relationships, and the appearance of a middle class, arises earliest and spreads furthest. The change is specially noticeable in the Eastern counties, which, from an early date, are the home of industry. Examples of the extreme variety and irregularity in the holdings of the customary tenants on the manors of Suffolk in the sixteenth century, which we have already contrasted with the arrangements in the backward parts of the country such as Northumberland, begin to make their appearance at a very early date in that county of fisheries and manufactures. At Hadleigh,[174] where the woollen industry has set money in circulation, the processes both of splitting up the customary holdings, and of letting two or three of them to a single tenant, is conspicuous at the beginning of the fourteenth century, and has completely altered the distribution of property which existed a century before. At the little fishing village of Gorleston[175] at the end of the thirteenth century each of the former tenancies was divided up among several tenants, sometimes three or four, sometimes eight or ten, and once as many as twenty. At Hawstead, in the same county, the free tenants have let off part of their holdings and added to them by leasing additional land in its place. In short, whenever trade becomes a serious factor in rural life, one finds a very general tendency for new arrangements of land to grow up side by side with the customary holdings, which are the backbone of the manor, because it is from them that the lord extracts his services for the cultivation of the desmesne. As long as the necessity for labour services continues, the number of holdings does not undergo any appreciable alteration, but the number of holdings ceases to be a guide to the number of holders.
It is clear that the organisation of the manor is compatible with a good deal of shifting of property among the customary tenants, and that an alteration in its arrangements begins at a comparatively early date, without any external shock and through the desire of such tenants as can afford it to buy and lease land from other tenants who are less well off. If such a tendency were at all general, it would explain the gradual aggregation of larger holdings into fewer hands, and the appearance of considerable inequality in economic status among members of the village community whose legal position was the same. Sometimes, indeed, the authorities of the manor think that the process is going on too fast, that tenants have forgotten that, though they deal in land as though it were their own, it is really the lord's, and that they must not jeopardise the rents and services which he expects from it by alienating it without his permission. Sometimes a day of reckoning comes, when “tenants having more than one customary tenement” are “to show cause why they should not be excluded from the other tenements but one, unless license be granted them.”[176] But in view of the multitude of transactions which come before us, we can hardly doubt that licence was nearly always granted if the purchaser or lessee was thought by the steward to be substantial enough to make the land do its duty,[177] and that tenants who wanted to buy and sell, lease and let, had very little opposition to expect from the lord or his steward.
After all the picture is one which we ought not to have any difficulty in understanding, if once we get rid of the idea, born of our melancholy modern experience, that the buying of land in small parcels is for the small man the road to ruin, a luxury in which none but the well-to-do can afford to indulge. We have all heard much of the iniquities of the English system of land transfer, and have contrasted its cumbersomeness, its expense, its uncertainty, with the facilities for buying small plots offered by methods like those of France, where sales and mortgages are entered in a public registry, which any one has the right to inspect. But we need not look to the Continent or the British Dominions to see a market for real property working freely and smoothly. In our period by far the most general form of tenure was one customary tenure or another, and whatever the disadvantages of customary tenure may have been—and they were many—they had one great compensating advantage. Customary holdings could be transferred easily, cheaply, and with certainty, by surrender and admission in the court of the manor. Since there was no doubt that the freehold was in the lord, there was no expensive investigation of titles to eat up the prospective profits of the purchaser, and the Court Rolls offered a record, one is tempted to say a register, of the nature of the interest which a tenant had had in any holding from time immemorial. Of course the adjustment of the respective claims of lords and tenants raised very knotty problems, and these will be examined later. But, as long as they were in abeyance, the fact that peasant holdings could be transferred so readily contributed to the breaking up in the regularity of manorial arrangements, to the passage of land from one family to another, and to the formation of larger properties out of small.[178]
Such petty transactions among the peasantry were not, however, the only way in which substantial peasant properties came into existence. In addition to the transference of land from one tenant to another there were other causes working to produce much the same results. The first was the continuous taking in of plots of waste land by tenants who got permission from the manorial authorities to make encroachments upon it. The second was the abandonment of the system of cultivating the demesne by the labour rents of the tenants. Long before the enclosing of the common waste by lords of manors and farmers had become a very serious grievance—that it was a grievance at an early date is proved by the Statute of Merton[179]—one finds arrangements being made for bringing unused land under cultivation. Sometimes this movement goes on on a very large scale indeed; the Abbey of St. Albans gets a licence from the King in 1347 to “improve its wastes aforesaid and to grant and let them for their true value to whomsoever of their tenants comes to take them”[180] and about the same time 500 acres of waste in the forest of High Peak[181] are let by the Crown to three tenants, much to the disgust of the neighbouring commoners. Usually the encroachments on the waste take place piecemeal. The process by which piece after piece was clipped off it and added to the tenants' holdings is shown very clearly in Rentals and Court Rolls. Occasionally it goes on without sanction; a tenant surreptitiously draws into his holding an extra piece of land for which he pays nothing, and is only found out when he has occupied it for some time. But this is rare, for such encroachments are a source of profit to the lord, both in the payment made for the original permission to make them and in the rent coming from them, and the steward is therefore careful that they should be made through the court and entered in detail on the rolls of the manor. Thus at Ashton-under-Lyne,[182] in 1422, both freeholders and customary tenants had made large intakes of wood and waste and were paying for some of them as much as 13s. 4d. and 10s. The Halmote Court of Colne[183] in 1324 shows many tenants paying a few pence for acres and half acres of waste. At Yateleigh,[184] in 1287, almost every one of the fifty-three customary tenants held, in addition to his land in the open fields, land taken from the waste amounting in the aggregate to 37 acres, while some possessed no land at all except that which they had thus reclaimed. In the tithing of Aldershot,[185] on the same manor, one tenant held 52 acres in encroachments. At Crokeham[186] another held 63½ acres in addition to the standard half virgate of customary land; another, at Southwood,[187] 16 acres.
The process of nibbling away the waste was, in fact, very general, and was a natural and inevitable one. The lord gained by leasing part of it to be broken up and cultivated, while, so long as sufficient land was left for grazing, the tenants gained by getting land which they could add to their holdings, and on which the growing population could settle. It must be remembered that the area under cultivation was everywhere an island in an ocean of unreclaimed barrenness which cried out for colonists.[188] In the Middle Ages land was abundant and men were scarce; the land wanted the people much more than the people wanted the land. Moreover, with the simple methods of cultivation prevailing, the number of persons which a villein’s holding could maintain was strictly limited, and the tendency to “diminishing returns,” with the consequent difficulty of maintaining a growing population on the same area, must have come into play very soon and very sharply. Surveyors[189] appreciated this, and pointed out on some manors that unless the tenants' holdings were enlarged they could not make a decent living and, what was more important to the authorities, could not perform the customary services. It is not surprising, therefore, to find that at a comparatively early date the manorial population began to overflow the boundaries of the customary land and to occupy the waste, with the result that the area under cultivation grew, in some cases, enormously.[190] We can hardly be mistaken in supposing that this was the chief cause of the remarkable difference in the amount of land which strikes one when one compares some of the surveys of later and earlier dates. In any case the result was to increase the opportunities possessed by the more prosperous tenants, who could afford to rent additional land, of adding to their holdings, and thus to produce a growing inequality in the distribution of property among them.
If the instances which have been given above are at all typical of the state of things on many manors, the economic rigidity of rural life in the thirteenth and early fourteenth centuries must have been a good deal less than is often suggested. The legal forms are stiff and unchanging, but the life behind them is fluid, and produces all sorts of new combinations and arrangements which make legal forms a better index of what was a hundred years before than of what at any moment is. In particular one finds considerable movement going on before the Great Plague. The more fully manorial records are explored, the more difficult does it seem to generalise about the effects of that great catastrophe. One cannot say that it was the beginning of the commutation of labour services into rents, for on some manors they were partially commuted before it, and on some they were not entirely commuted till nearly two centuries later. One cannot say that the leasing of the demesne was due to the Plague; for where the labour supply was small, parts of it were leased already,[191] and after the Plague the authorities of different manors met the crisis in different ways, sometimes beginning by letting the demesne only to return later to the older system. It may be suggested, however, that its influence has been somewhat exaggerated by those authorities who would have us regard it as the watershed of economic history. No doubt the Great Plague was the single most important event in the economic history of the fourteenth century, just as the Irish famine of 1846 was the single most important event in the economic history of Ireland in the nineteenth century. But neither the Irish famine nor the Plague had the effect of sweeping economic development on to wholly new lines. What they both did was enormously to accelerate tendencies already at work. The customary tenants were buying and leasing land from each other before the Plague, and before the Plague some lords were leasing out their demesnes, but on a small scale. After the Plague the death of many holders and the poverty of many survivors caused land to come into the market on a vastly greater scale and at a cheaper rate, with the result that the aggregation of holdings, the beginnings of which have been described as above, proceeded with vastly increased rapidity. That this was the case immediately after the Plague is shown by the familiar entries[192] as to the transference of holdings which have lost their cultivators in the Court Rolls. The movement seems to have continued, however, long after the immediate effects of the Plague had passed away, and to have resulted on some manors in the fifteenth century in something which might almost be called free trade in land. One finds a readiness to buy and sell customary holdings which belies the idea of the manor as a rigid organisation in which little room was left for changing contractual arrangements, and one finds also the natural result of the rising commercialisation of land tenure in the grouping of several holdings under one tenant, in the appearance of the practice of some tenants sub-letting lands to others, and in general in the passing of property from the economically weak to the economically strong, which naturally does not go on rapidly till there is a market in which they both can meet.
At the same time by the beginning of the fifteenth century another force of great importance was beginning to operate. The increase in the size of the customary tenants' holdings, and the growth of a class occupying much more land than the ordinary villein tenancy, was brought about not only by encroachment on the waste and the aggregation of holdings, but also by the transference to the tenants of that part of the manorial land which has been the lord’s demesne. The process by which the demesne ceased to be cultivated by villein labour, and became frequently an area subject to the more elastic arrangements of leasehold tenure, has been often described, and we shall have to return to it later in speaking of the development of the large capitalist farm. Here it is sufficient to point out that, the abandonment of the primitive system, by which the tenants worked out their rents in labour on the demesne, had two consequences which are of great significance in the development of the villein into the prosperous peasantry of the fifteenth and early sixteenth centuries.
In the first place, it meant that one great force making for equality between the holdings of different tenants was removed. The system which gave each customary tenant on a manor what may be called a standard holding was surely an artificial one, in the sense that it bears the mark of deliberate arrangement, and is not one which would tend to be established by the play of economic forces. As we have seen, economic forces did begin to impair it at an early date. Its persistence is more remarkable than its disappearance, and why had it persisted? Partly, no doubt, because the idea that each full household should be equipped with a standard holding was part of the original organisation of the village community, upon which the feudal superstructure had been imposed, and which it used as a machine for grinding out its revenue. Partly also through the needs of that superstructure itself. As the tenants were the instruments by which the demesne was cultivated, and as the demesne could not be cultivated unless the tenants were adequately equipped with the means of livelihood, the rough equality which existed between their holdings, though arising from the communal arrangement of village life, and not deliberately imposed from above, had, nevertheless, been, in fact, a quite necessary condition for the working of the lord’s private estate. A settled relation between holdings and services was a convenience to the manorial authorities, and in this sense the work done on the demesne was a force tending to keep the tenants' holdings fixed, as it were, on a scale which did not easily allow of much variation.[193] When the demesne ceased to be cultivated by labour services, what had been from the point of view of the manorial officers, though not from that of the villagers, the chief practical reason for maintaining equality between the different holdings disappeared, and the inequality which economic forces were tending to produce developed more rapidly.
In the second place, when labour rents were commuted into money, the demesne was often added to the tenants' holdings, with the result of still further destroying their symmetry, by the opportunity which was given to men with money to buy up parcels of land. This movement went on so unobtrusively that its significance is liable to be overlooked. In reality, however, it was a change of very great importance, scarcely less important than the decay of villein services and disabilities which was the other side, the personal as contrasted with the agrarian side, of the same break up of the old system of cultivation. One must remember that the lord’s demesne formed a very large part of a great many manors, often no doubt the most fertile and desirable part. One may recall again that there are other European countries in which the sharp distinction between the demesne and the holdings of the peasants was maintained in full mediæval vigour almost to our own day. In Prussia,[194] for example, a Royal Decree, the Decree of 1807, was needed to break it down, and to allow the land held by lords of manors to be bought by the small cultivator. What the partial obliteration of this line meant in fourteenth and fifteenth century England was that a great deal of land, land on which the peasantry, one would suppose, had often turned covetous eyes, was thrown into the market for families who could afford it to buy and lease, that for a century or so after the Plague great estates were being broken up into small, instead of small being consolidated into great, that for a century or so the land market turned in favour of the small man as much as it afterwards turned against him.[195]
Of course the leasing of the demesne was not universal; nor, when it was leased, was it always divided up among the tenants. Often it was transferred en bloc to a single farmer, and became the nucleus of the large leasehold farm whose management we shall examine later. Sometimes it was first divided up and later consolidated again, with results disastrous to the interests which had grown up upon it. But the existence in the sixteenth century[196] of many small demesne tenancies is a proof that a common way of treating it was to divide it up among the peasants; and if we cast our eyes back over the records of the fourteenth and fifteenth centuries we can find many examples to show how such a state of things was brought about. Sometimes small plots of the demesne are leased for terms of years. At Tykeford, in 1325,[197] the surveyor found that 48 acres of demesne which were then in the hands of the lords used to be leased to the tenants. The bailiff’s accounts of the manor of Amble[198] in Northumberland show that in 1328 “the forlands” were let out to the bondage tenants, and in 1337 four of the latter got leases of from 2 to 4 acres of demesne at Acklington.[199] In 1436 at Ambresbury[200] 2 carucates were leased to various tenants for a term of years, as well as 8 acres of meadow and 400 acres of pasture; and at Winterborne[201] 2 carucates, 6 acres of meadow, and 300 acres of pasture were leased in the same year. But in the fifteenth century the leasing of the demesne was constant, and there is no need to multiply examples which can be found in almost every survey of the period. Where the land was not leased it was quite usual for it to be held by copy. This was a common practice in the fifteenth century in the south-west of England. The surveyor[202] who, in 1568, gave an account of six manors in the Western counties, found that in all of them the Barton or demesne had been split up among the customary tenants for very many years and was held by them as copyholders. The same thing happened on the manors of the Earl of Northumberland, where the tenants' holdings were increased by pieces taken from the lord’s demesne and divided equally among them. It happened at South[203] Newton in Wiltshire, where in 1567 a good deal of the Barton land was held by the tenants, who were copyholders, on the same terms as the rest of their customary holdings; at Stovard,[204] and Childhampton,[205] and Estoverton,[206] where the customary tenants held “Bordland.” Very probably those pieces of the demesne which on some manors were held by copy of Court Roll, had originally been let on lease in the way described above. The difficulty of distinguishing them was very great, since normally they would lie in the open fields scattered among the strips which formed the customary holdings, in such a way that the movement of a balk obliterated the difference. It is not surprising, therefore, that in spite of the efforts of the lord’s officials, they should constantly have lost their identity. The remarkable thing is that they retained it so often, and that surveyors were able to pin down a couple of acres among 30 or 40 others as not being, like the rest, customary land, but as having at one time, perhaps several generations before, been parts of the lord's demesne which it is “good to revyve and keep in memory that it should not hereafter decay, but that at all tymes it may be devyded from the customarye.”[207]