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The Enclosures in England: An Economic Reconstruction

Chapter 17: CHAPTER III
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A systematic economic analysis argues that the breakup of the common-field system resulted from local soil fertility, patterns of tenancy, and rent incentives rather than chiefly from rising wool prices. The author analyzes price statistics, manorial records, and parliamentary responses; she traces cycles of conversion between arable and pasture, decline of communal cultivation, tenant poverty and dispossession, and the role of enclosure in restoring fertility and enabling new crops. The work challenges price-centered explanations and emphasizes structural agrarian and social factors that drove enclosure.

Such were the tymes for the most part whilest this Lord Thomas sate Lord, That many of his Tenants in divers of his manors ... surrendred up and least their lands into his hands because they were not able to pay the rent and doe the services, which also often happened in the tyme of his elder brother the Lord Robert.[57]

 

This entry in the chronicle is significant, for it is typical of conditions on many other manors at a later date. The tenants were not able to pay the rent and do the services, and therefore gave up the land. It was leased, when men could be found to take it at all, at a rent lower than that which its former holders had found so oppressive. It is interesting to note that much of this land was soon after enclosed and converted to pasture, more than a century before the event which is supposed to mark the beginning of the enclosure movement. The productivity of the land had declined; its holders were no longer able to pay the customary rent, and the lord had to content himself with lower rents; the productivity was so low in some cases that the land was fit only for sheep pasture.

Land holding was regarded as a misfortune in the fourteenth century. The decline in fertility had made it impossible for a villain to support himself and his family and perform the accustomed services and pay the rent for his land. Sometimes heirs were excused on account of their poverty. Page has made note of the prevailing custom of fining these heirs for the privilege of refusing the land:

In 1340 J. F., who held a messuage and half a virgate, had to pay two shillings for permission to give up the land, because he was unable to render the services due from it. Three other men at the same time paid six pence each not to be compelled to take up customary land ... at Woolston, 1340, R. G. gave up his messuage and half virgate because he could not render the necessary services; whereupon T. S. had to pay three shillings three pence that he might not be forced to take the holding, and another villain paid six shillings eight pence for the same thing.[58]

Miss Levett mentions the fact that cases were fairly frequent at the Winchester manors in the fourteenth century where a widow or next of kin refused to take up land on account of poverty or impotence;[59] and three villains of Forncett gave up their holdings before 1350 on account of their poverty.[60]

In case no one could be found who would willingly take up the land, the method of compulsion was tried. The responsibility for providing a tenant in these cases seems to have been shifted to the whole community. A villain chosen by the whole homage had to take up the land. At Crawley in 1315 there were two such cases. A fine was paid by one villain for a cottage and ten acres "que devenerunt in manus domini tanquam escheata pro defectu tenentium & ad que eligebatur per totam decenuam." At Twyford in 1343-1344, J. paid a fine for a messuage and a half virgate of land, "ad que idem Johannes electus est per totum homagium."[61] In other entries cited by Page, the element of compulsion is unmistakable: the new holder of land is described as "electus per totum homagium ad hoc compulsus," a phrase which is frequently found also in the entries of fines paid on some of the Winchester manors after the Black Death.[62]

This method of compulsion was useful to some extent, but there were limits beyond which it could not be pushed. Five men of Therfield in 1351 were ordered to take up customary land, and several of them left the manor rather than obey. "Vendiderunt quod habuerunt et recesserunt nocitante."[63] At Nailesbourne, in the same year, "Robertus le Semenour compulsus finivit et clam recessit et ea tenere recusavit."[64] The problem which confronted landowners during the Black Death was not so much an absolute lack of men on the manors, as a stubborn unwillingness on the part of these men to hold land. There were enough men left by the pestilence, but they were determined to avoid taking up the tenements whose holders had died. The pressure which was brought upon the villains to induce them to take up land and to prevent them from leaving the manor could not prevent the desertions, which had begun before the pestilence, and which took away the men who would naturally have supplied the places of those who died. The whole village must have been anxious to prevent the desertion of these men, for the community was held responsible for the services from vacant tenements, when they failed to provide a tenant. At Meon, for instance, each of twenty-six tenants paid 1 d. in place of works due from a vacant holding, according to an arrangement which had been made before the Black Death,[65] and at Burwell, in 1350, when three villains left the manor, their land was "tradita toto homagio ad faciendum servicia et consuetudines."[66] In spite of the deterring force which must have been exerted by public opinion under these conditions, and in spite of the aggressive measures taken by bailiffs to prevent desertion and to recapture those who had fled, the records are full of the names of those who had been successful in making their escape. Throughout the latter half of the fourteenth century and the first part of the fifteenth there was a gradual leakage from the Winchester manors. "Villeins were apt 'to go away secretly' and to be no more found."[67] Page describes a similar tendency on the part of villains of the manors whose records he has examined. At Weston, three villains deserted in 1354. At Woolston in 1357 a serf "recessit a dominio et dereliquit terram suam." At Chilton, between 1356 and 1359, eleven men and two women fled, some of whom were recaptured. At Therfield in 1369 a man who held twenty-three acres of land fled with his whole family. In the same year at Abbot's Ripton a man escaped with his horses, and three years later another villain left Weston by night.[68] At Forncett, "Before 1378 from 60 to 70 tenements had fallen into the lord's hands. It was the serfs especially who were relinquishing their land; for a larger proportion of the tenements charged with week-work were abandoned than of the more lightly burdened tenements."[69] This, of course, is what we should expect, as the lighter burdens of these holdings caused their tenants to feel less severely than the ordinary serfs the declining productivity of the land.

The method of compulsion failed to keep the tenants on the land. They ran off, and the holdings remained vacant. It was necessary to make concessions of a material nature in order to persuade men to take up land or to keep what they had. They were excused of a part of their services in some cases, and in others all of the services were definitely commuted for small sums of money. When no tenants for vacant land could be secured who would perform the customary services due from it, the bailiff was forced to commute them. "'So and so holds such land for rent, because no one would hold it for works,' is a fairly frequent entry both before and after 1349," on the records of the Bishopric of Winchester. The important point to be noticed here is that the money rent paid in these cases was always less than the value of the services which had formerly been exacted from the land; not only that, it was less than the money equivalent for which those services had sometimes been commuted, an amount far less than the market value of the services in the fourteenth century at the prevailing rates of wages. For instance, when Roger Haywood took up three virgates and a cotland at a money rent instead of for the traditional services, "quia nullus tenere voluit," he contracted to pay rents whose total sum amounted to less than twenty-five shillings and included the church scot for one virgate and the cotland. On this manor, Sutton, the total services of one virgate valued at the rate at which they were ordinarily "sold" must have amounted to at least eighteen or twenty shillings. At Wargrave the services of thirty-two virgates were all commuted at three shillings each, and the same sum was paid by each of twenty-three virgates at Waltham.[70]

At Forncett and on the manors of the Berkeley estates commutation had little part in the disappearance of labor dues. The vacated land was leased in larger or smaller parcels at the best rents which could be obtained. This rent bore no relation to the value of the services formerly due from the land. The customary tenements which had been the units upon which labor dues were assessed were broken up, and the acres leased separately, or in new combinations, to other men.[71] At Forncett, as in the case of the Winchester manors where the services were commuted, the terms of the new arrangement can be compared with those of the old, and it is seen that the money rent obtained was less than the value of the services formerly due. The customary services were here valued at over two shillings per acre; the average rent obtained was less than one shilling an acre. The net pecuniary result of the change, then, was the same as though the services had been commuted for money at less than their value.

Another method of reducing rents in this period was the remission of a part of the services due. Miss Levett notes the extent to which this took place on the Winchester manors, and suggests that the Bishop wished to avoid the wastefulness and inefficiency of serf labor.[72] She overlooks the fact that he failed to exact the money payment in place of the services for which manorial custom provided. It was a well established custom that in case work owed by the tenants was not used they should pay money instead. The amount of work needed each year on the demesne varied according to the size of the harvest, etc., but the number of days' works for which the tenants was liable was fixed. The surplus of works owed above those needed were "sold" each year to the villains. Frequently the number of works sold exceeded the number performed, although formal commutation of dues had not taken place. At Nailesbourne (1348-1349), 4755 works were due from the villains, but nearly 4000 of these were sold.[73] If the Bishop had merely wished to avoid waste, then, in ceasing to require the performance of villain services on his manors, he would have required the payment of the money equivalent of these services. When the services were excused, and the customary alternative of a money payment also, the change was clearly an intentional reduction in the burden of villain tenure. This fact makes emphasis upon the payment of money as the distinguishing feature of the changed relations between landlord and tenant in this period misleading. There was every precedent for requiring a money payment in the place of services not wanted. When, therefore, a great many services were simply allowed to lapse, it is an indication that it was impossible to exact the payment. It makes little difference whether the services were commuted at a lower rate than that at which they had formerly been "sold" or whether the villain was simply held accountable for a smaller number of services at the old rate; in either case the rent was reduced, and the burden of the tenant was less.

The reduction of rent is thus the characteristic and fundamental feature of all of the changes of land tenure during this period. This fact is ignored by historians who suppose the chief factor in the commutation movement to have been the desire of prosperous villains to rid themselves of the degrading marks of serfdom. Vinogradoff, for instance, in his preface to the monograph from which most of the foregoing illustrations have been drawn, has nothing at all to say of the reduction of rent and the poverty of the tenants when he is speaking of the various circumstances attending the introduction of money payments.

In the particular case under discussion the cultural policy of William of Wykeham may have suggested arrangements in commutation of labour services and rents in kind. In other cases similar results were connected with war expenditures and town life. In so far the initiative in selling services came from the class of landowners. But there were powerful tendencies at work in the life of the peasants which made for the same result. The most comprehensive of these tendencies was connected, it seems to me, with the accumulation of capital in the hands of the villains under a system of customary dues. When rents and services became settled and lost their elasticity, roughly speaking, in the course of the twelfth, thirteenth, and fourteenth centuries, the surplus of profits from agriculture was bound to collect in the hands of those who received them directly from the soil, and it was natural for these first receivers to turn the proceeds primarily towards an improvement of their social condition; the redemption of irksome services was a conspicuous manifestation of this policy.[74]

 

This paragraph contains several suggestions which are shown to be misleading by a study of the extracts from the original sources embodied in the essay of whose preface it forms a part. It is true that the cultural policy of William of Wykeham was an extravagant one, and that he was in need of money when the system of tenure was being revolutionized on his estates; but it is misleading to interpret the changes which took place as measures for the prompt conversion into cash of the episcopal revenues. No radical changes in the system of payment were necessary in order to secure cash, for the system of selling surplus services to the villains had become established decades before the time of this bishop, and no formal commutation of services was necessary in order to convert the labor dues of the villains into payments in money. The bulk of the services were not performed, even before commutation, and the lord received money for the services not used on the demesne. The essential feature of the changes which took place was a reduction in the amount paid—a reduction which the bishop must have resisted so far as he dared, just as other landowners must have resisted the reductions which their tenants forced them to make at a time when they were in need of money. The commutation of services was incidental, and was only a slight modification of the system formerly in use, but, whether services were commuted or were in part excused, the result was a lessening of the burden borne by the tenant, and the reduction of the rent received by the lord.

It is true, as Professor Vinogradoff states, that there were powerful tendencies in the life of the peasants which made for this result. In fact no initiative in selling services—at these rates—could have come from the side of the landowners. The change was forced upon them. Unless they compromised with their tenants and reduced their rents they soon found vacant tenements on their hands which no one could be compelled to take. The amount of land which was finally leased at low rents because the former holders had died or run away and no one could be forced to take it at the old rents is evidence of the reluctance with which landowners accepted the situation and of their inability to resist the change in the end.

But it is not true that the most comprehensive of these tendencies was the accumulation of capital in the hands of the villains, and their desire to improve their social condition. The immediate affect of the commutation of services and similar changes at this time was to leave their social condition untouched, whatever the final result may have been. These villains did not buy themselves free of the marks of servitude. Their gradual emancipation came for other reasons. At Witney, for example, where the works of all the native tenants had been commuted by 1376, they were still required to perform duties of a servile character:

they were all to join in haymaking and in washing and shearing the lord's sheep, to pay pannage for their pigs, to take their turn of service as reeve and tithingman, and to carry the lord's victuals and baggage on his departure from Witney as the natives were formerly wont to do.[75]

This example, taken at random, is typical of the continuance of conditions which should make the historian hesitate before adopting the view that the social condition of the peasants was improved by the new arrangements made as to the bulk of their services and rents. But more than that, the terms of the new arrangements are not those which would be offered by well-to-do cultivators in whose hands the profits from the soil had accumulated. In all of these cases the new terms were advantageous to the tenants, not to the lord, and advantageous in a strictly pecuniary way. The lord had to grant these terms because the tenants were in the most miserable poverty, and could no longer pay their accustomed rent.

Neither the Black Death, whose effects were evanescent, nor the desire of prosperous villains to free themselves of the degrading marks of serfdom was an important cause in the sequence of agrarian changes which took place in the fourteenth century. Serfdom as a status was hardly affected, but a thousand entries record the poverty and destitution which made it necessary to lighten the economic burdens of the serfs. At Brightwell, for example, the works of three half-virgaters were relaxed, the record reads, because of their poverty (1349-1350).[76] Some villains had no oxen, and were excused their plowing on this account, or were allowed to substitute manual labor for carting services.[77] At Weston, in 1370, a tenant "non arat terram domini causa paupertate."[78] At Downton, in 1376-1377, no money could be collected from the villains in place of the services they owed in haymaking.[79] Frequently when services were commuted for money, the record of the fact is accompanied by the statement that the change was made on account of the poverty of the tenants. At Witney, for instance, the

The reduction in rent in this case was at least a third of the total. The value of the customary services commuted was at least ten shillings six pence per acre, and they were commuted at six shillings eight pence. Other explicit references to the poverty of the tenants as the cause of commutation are quoted by Page:

At Hinton, Berks, the Bailiff reports in 1377, that the former lord before his death had commuted the services of the villains for money, "eo quod customarii impotentes ad facienda dicta opera et pro eorum paupertate" ... At Stevenage, 1354, S. G. "tenuit unam vergatam reddendo inde per annum in serviciis et consuetudinibus xxii solidos. Et dictus S. G. pauper et impotens dictam virgatam tenere. Ideo concessum est per dominum quod S. G. habeat et teneat predictam terram reddendo inde xiii solidos iv denarios pro omnibus serviciis et consuetudinibus."[81]

 

In connection with the matter of heriots, also, evidences of extreme poverty are frequent. Frequently when a tenant died there was no beast for the lord to seize.

The rate at which the value of these holdings declined when their tenants possessed too few cattle was rapid. Land without stock is worthless. The temptation to sell an ox in order to meet the rent was great, but when the deficiency was due to declining productivity of the soil, there was no probability that it would be made up the following year even with all the stock, and with fewer cattle the situation was hopeless. After this process had gone on for a few years nothing was left, not even a yoke of oxen for plowing. Whatever means had been taken to keep up the fertility of the land, attend to the drainage, etc., were of necessity neglected, and finally the hope of keeping up the struggle was abandoned. The spirit which prompted the reply of the Chatteris tenant when he was ordered by the manorial court to put his holding in repair can be understood: "Non reparavit tenementum, et dicit quod non vult reparare sed potius dimittere et abire."[83] If he left the manor and joined the other men who under the same circumstances were giving up their land and becoming fugitives, it was not with the hope of greatly improving his condition. Some of the fugitives found employment in the towns, but this was by no means certain, and the records frequently state that the absent villains had become beggars.[84]

The declining productivity of the soil not only affected the villains, but reduced the profits of demesne cultivation. It has already been seen that the acreage under crop was steadily decreasing, as more and more land reached a stage of barrenness in which it no longer repaid cultivation. This process is seen from another angle in the frequent complaints that the customary meals supplied by the lord to serfs working on the demesne cost more than the labor was worth. According to Miss Levett:

Miss Levett quotes these entries as an explanation for the tendency to excuse services, forgetting that the lord could usually demand a money equivalent for services not required for any reason. We have here the reason why so few services are demanded, but no explanation of the failure to require money instead. The fundamental cause of the worthlessness of the labor on the demesne is the fact which accounts for the absence of a money payment for the work not performed. The demesne land was worn out, and did not repay costs of cultivation; the bond land was worn out, and the villains were too poor to "buy" their labor.

The profits of cultivating this unproductive land were so small that a deficit arose when it was necessary to meet the cost of maintaining for a few days the men employed on it. It is not surprising that men who had families to support and were trying to make a living from the soil abandoned their worthless holdings and left the manor. The lord had only to meet the expense of food for the laborers during the few days when they were actually at work plowing the demesne or harvesting the crop. How could the villain support his whole family during the entire year on the produce of worse land more scantily manured? In this low productivity of the land is to be found the reason for the conversion of much of the demesne into pasture land, as soon as the supply of servile labor failed. It was, of course, impossible to pay the wages of free men from the produce of soil too exhausted to repay even the slight cost incidental to cultivating it with serf labor. The bailiffs complained of the exorbitant wages demanded by servants in husbandry; these wages were exorbitant only because the produce of the land was so small that it was not worth the pains of tillage.

The most important of the many causes which were at work to undermine the manorial system in the fourteenth century is, therefore, plain. The productivity of the soil had declined to a point where villain holdings would no longer support the families which cultivated them and where demesne land was sometimes not worth cultivation even by serf labor. Under these conditions, the very basis of the manor was destroyed. The poverty of the peasants, the difficulty with which tenants could be found for vacant holdings, even though the greatest pressure was brought to bear upon eligible villains, and even though the servile burdens were considerably reduced, and the frequency with which these serfs preferred the uncertainty and risk of deserting to the certain destitution and misery of land-holding, are facts which are intimately connected, and which are all due to the same cause. It had been impossible to maintain the productive capacity of the land at a level high enough to provide a living for the tillers of the soil.

 

Footnotes:

[39] E. J. Russell, The Fertility of the Soil, Cambridge, 1913, pp. 43-46.

[40] Ibid., pp. 48-52.

[41] Political Science Quarterly, vol. xxviii, p. 394.

[42] Ibid., p. 393.

[43] Levett and Ballard, The Black Death, p. 216.

[44] Walter of Henley's Husbandry, together with an Anonymous Husbandry, etc., ed. by Elizabeth Lamond (London, 1890), pp. 19, 71.

[45] Curtler, Short History of English Agriculture, p. 33.

[46] Davenport, Econ. Dev. of a Norfolk Manor (Cambridge, 1906), p. 30.

[47] Rogers, History of Agriculture, etc., vol. i, pp. 38-44.

[48] Cullum, Hawsted, pp. 215-218.

[49] Unfortunately, the figures for the year 1299-1300 reveal an error which makes it impossible to use the test of the representativeness of Witney in a third season with accuracy. The acreage planted is obviously understated, and it is possible to make only a rough estimate of the correct acreage. The acceptance of the area given by Gras (82 acres) results in the conclusion that 22 bushels per acre was reaped. The suspicion that this result must be incorrect is confirmed when it is found, also, that 68¼ quarters of seed were sown—an amount sufficient for 270 acres at the average rate of 2 bushels per acre, or for 220 acres at the rate of 2½ bushels per acre, which Ballard gives as the rate usual at Witney. (Levett and Ballard, op. cit., p. 192.) In 1277 the acreage sown with wheat at Witney was 180 acres, and in 1278, 191. (Ibid., p. 190.) If 3 bushels per acre were sown in 1299, the area in this year also was 180 acres. If these estimates are used instead of the figure 82, as indicating the correct acreage, the yield for the year is found to be between 7 and 10 bushels per acre, in a season in which the average yield for the whole group of manors was 9 bushels per acre. The figures at Witney in the three seasons where a comparison with the general average for the group is possible deviate from it within limits narrow enough to indicate that conditions at Witney were roughly typical.

[50] Rogers, History of Agriculture and Prices, vol. i, p. 228.

[51] Ibid., vol. i, p. 234; vol. iv, p. 282.

[52] Op. cit., p. 19.

[53] Gras, Evol. of the Eng. Corn Market (Cambridge, 1915), appendix A.

[54] Gras gives 1.35 quarters as the acre produce, or nearly 11 bushels. This figure is incorrect, as it is derived by dividing the total produce of 42 manors by the total acreage planted on only 38 manors. The produce of the four manors on which the acreage planted is unknown amounts to nearly 750 quarters, a large item in a total of only 4527 quarters for the whole group of manors. The ratio of produce to seed, however, is independent of the number of acres planted, and these four manors are included in the computation of this figure.

[55] Gras, op. cit., appendix A. These figures are given only for the manors for which the acreage planted in both periods is known—25 in the case of wheat, 4 in the case of the other grains.

[56] Gras, op. cit., appendix A; Levett and Ballard, op. cit., pp. 190, 203.

[57] Smyth, Lives of the Berkeleys, vol. i, p. 113.

[58] Page, End of Villainage (Publications of the American Economic Association, Third Series, 1900, vol. i, pp. 289-387), at p. 324, note 2.

[59] Levett and Ballard, op. cit., p. 83.

[60] Davenport, op. cit., p. 71.

[61] Page, op. cit., p. 345.

[62] Ibid., p. 340, note 1, and Levett, p. 85.

[63] Ibid., p. 340, note 1.

[64] Levett and Ballard, op. cit., p. 85.

[65] Levett and Ballard, op. cit., p. 85.

[66] Page, op. cit., p. 340.

[67] Levett and Ballard, op. cit., p. 135.

[68] Page, op. cit., p. 344, note 2.

[69] Davenport, Decay of Villainage, p. 127. For further evidence of the voluntary relinquishment of land in this period, see Seebohm, Eng. Village Community (London, 1890), p. 30, note 4, and Davenport, Economic Development of a Norfolk Manor, pp. 91, 71, 72.

[70] Levett and Ballard, op. cit., pp. 42-43.

[71] Davenport, Economic Development of a Norfolk Manor, p. 78, and Smyth, op. cit., vol. i, p. 113.

[72] Levett and Ballard, op. cit., p. 157. "On many manors the majority of the services owed were simply dropped, neither sold nor commuted. They were evidently in many cases inefficient, expensive, and inelastic."

[73] Ibid., p. 89.

[74] Levett and Ballard, op. cit., p. v.

[75] Levett and Ballard, op. cit., p. 199.

[76] Levett and Ballard, op. cit., p. 108.

[77] Ibid., pp. 38, 115.

[78] Page, op. cit., p. 342, note 2.

[79] Levett and Ballard, op. cit., p. 115.

[80] Ibid., p. 200.

[81] Page, op. cit., p. 342, note 2.

[82] Seebohm, op. cit., p. 30, note 2.

[83] Page, End of Villainage, p. 365.

[84] Ibid., p. 384.

[85] Levett and Ballard, op. cit., p. 157.

[86] Levett and Ballard, op. cit., p. 121.


CHAPTER III

The Disintegration of the Open-fields

For the reasons given in the last chapter, bailiff-farming rapidly gave way to the various forms of the leasehold system in the fourteenth and early fifteenth centuries. The economic basis of serfdom was destroyed; a servile tenement could no longer be depended upon to supply an able-bodied man to do work on the demesne for several days a week throughout the year, with extra helpers from his family at harvest time. The money received in commutation of customary labor, or as rent from land which had formerly been held for services was far less than the value of the services, and would not pay the wages of free men hired in place of the serfs who had formerly performed the labor. Moreover, the demesne land itself was for the most part so unproductive that it had hardly paid to cultivate it even at the slight expense incurred in furnishing food for the serfs employed; it was all the more a waste of money to hire men to plow it and sow it.

The text books on economic history usually give a careful account of the various forms of leases which were used as bailiff-farming was abandoned. We are told how the demesne was leased either as a whole or in larger or smaller pieces to different tenants and sets of tenants, for lives, for longer or shorter periods of years, with or without the stock which was on it, and, in some cases, with the servile labor of some of the villains, when this had not all been excused or commuted into money payments. Arrangements necessarily differed on the different manors, and the exact terms of these first experimental leases do not concern us here.

The fact which does interest us is that with the cessation of bailiff farming the last attempt at keeping the land distributed in fairly equal shares among a large number of tenants was abandoned. Bond land had been divided into portions which were each supposed to be sufficient for the maintenance of a laborer and his family. As long as the demesne was cultivated for the lord, it was to his interest to prevent the concentration of holdings in a few hands, unless some certain provision could be made to insure the performance of the labor due from all of them. But even when the demesne was still being managed for the lord, it had already become necessary in some cases to allow one man to hold two or more of these portions, for the productivity had so declined that one was no longer enough. Now, with the leasing of the demesne, the lord no longer had an interest in maintaining the working population of the manor at a certain level, but was concerned with the problem of getting as much rent as possible. When the demesne and the vacant bond tenements began to be leased, the land was given to the highest bidder, and the competitive system was introduced at the start. This led to the gradual accumulation of large holdings by some tenants, while other men were still working very small portions, and others occupied holdings of every intermediate size. The uniformity of size characteristic of the early virgates disappeared. In this chapter these points will be considered briefly, and a study will also be made of the way in which these new holders managed their lands.

In the first place, as the more destitute villains were giving up their holdings and leaving the manor, and as no one could be found to take their places on the old terms, the landlords gave up the policy of holding the land until someone should be willing to pay the accustomed services and let the vacant lands at the best rents obtainable. Freeholders, and villains whose land was but lightly burdened, and those who by superior management had been able to make both ends meet, were now able to increase their holdings by adding a few acres of land which had been a part of the demesne or of a vacated holding. The case of the man at Sutton, who took up three virgates and a cotland, has already been mentioned. Another case of "engrossing," as it was called, dated from 1347-1348 at Meon, where John Blackman paid fines for one messuage with ten acres of land, two other messuages with a virgate of land each, one parcel of four acres, and another holding whose nature is not specified.[87]

Legislators who observed this tendency issued edicts against it. No attempt was made to discover the underlying cause of which it was merely a symptom. The first agrarian statutes were of a characteristically restrictive nature, and no constructive policy was attempted by the government until after a century of futile attempts to deal with the separate evils of engrossing, enclosure, conversion to pasture, destruction of houses and rural depopulation. The first remedy these evils suggested was limitation of the amount of land which one man should be allowed to hold.[88] In 1489 the statutes begin to prohibit the occupation of more than one farm by the same man, or to regulate the use of the land so occupied. The statute of 1489 refers to the Isle of Wight, where "Many dwelling places, fermes, and fermeholdes have of late tyme ben used to be taken in to oon manys hold and handes, that of old tyme were wont to be in severall persons holdes and handes."[89] The proclamation of 1514 regulated the use of land held by all persons who were tenants of more than one farm.[90] A law of 1533 provides that no person should occupy more than two farms.[91]

The old villain holdings did not necessarily pass intact into the hands of one holder, but were sometimes divided up and taken by different men, a few acres at a time. One Richard Grene in 1582 held lands of which ten and a half acres had been gradually acquired through as many as ten grants. This land had formed part of six other holdings, and much of the rest of the land belonging to these holdings had also been alienated.[92] The Inquisition of 1517 reported numerous cases of engrossing, and Professor Gay notes some of the entries in the returns of the Inquisition of 1607 which are also interesting in this connection: W. S. separated six yardlands from a manor house and put a widow in the house, a laborer in the kitchen and a weaver in the barn. The land was divided between two tenants who already had houses, and presumably, other land, and were taking this opportunity to enlarge their holdings of land. G. K. took from a farmhouse the land which formed part of the same tenement and leased the house to a laborer who had "but one acre of land in every field."[93]

The growing irregularity of holdings, combined with the decrease in the number of holders whose interests had to be consulted, made it easier than it had formerly been to modify the traditional routine of husbandry. Even though the new land acquired by tenants from the demesne or from old bond-holdings did not happen to be adjacent to strips already in their possession, exchange could accomplish the desired result. At Gorleston, Suffolk, a tenant sublet about half of his holding to eight persons, and at the same time acquired plots of land for himself from another eight holdings.[94] Before 1350 exchanges, sales and subletting of land by tenants had become general on the manors of the Bishopric of Winchester. It is unusual to find more than two cases of exchanges in any one year, even on a large manor; but Miss Levett adds: "On the other hand, one can hardly look through the fines on any one of the episcopal manors for a period of ten years without finding one or two. From the close correspondence of the areas exchanged, together with exact details as to position, it is fairly clear that the object of the exchange was to obtain more compact holdings."[95]

Fitzherbert writes that "By the assente of the Lordes and tenauntes, euery neyghbour may exchange lands with other."[96] This practice was especially sanctioned by law in 1597 "for the more comodious occupyinge or husbandrie of anye Land, Meadows, or Pastures,"[97] but it was common in the open-field villages before the legal permission was given. Tawney reproduces several maps belonging to All Souls' Muniment Room, which show the ownership of certain open-field holdings of about 1590. Here consolidation of plots had proceeded noticeably. There are several plots of considerable size held by a single tenant.

The advantage of consolidated holdings are considerable. In the first place, the turf boundaries between the strips could be plowed up, or the direction of the plowing itself could be changed, if enough strips were thrown together. Fitzherbert advises the farmer who has a number of strips lying side by side and who