102-525: Enclosure or inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or " common land ", enclosing it, and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land could be either through a formal or informal process. The process could normally be accomplished in three ways. First there was the creation of "closes", taken out of larger common fields by their owners. Secondly, there
204-435: A marking fee is paid each year for each animal turned out . However, if excessive use was made of the common, for example, in overgrazing , a common would be stinted , that is, a limit would be put on the number of animals each commoner was allowed to graze. These regulations were responsive to demographic and economic pressure. Thus rather than let a common become degraded, access was restricted even further. The lord of
306-407: A parish council is normally given guardianship by vesting the property under section 8 the act. An online database of registered common land was compiled by DEFRA in 1992–93 as part of a survey of the condition and wildlife of commons. The official up to date registers of common land are held by the commons registration authorities. The following registration information is held: This includes
408-415: A description of the land, who applied to register the land, and when the land became finally registered. There are also related plans which show the boundaries of the land. This includes a description of the rights of common (e.g. a right to graze a certain number of sheep), the area of common over which the right is exercisable, the name of the holder of the right and whether the right is attached to land in
510-451: A fee (known as a fine), the heir could have the copyhold transferred. To remove their customary rights, the landlords converted the copyhold into a leasehold tenancy. Leasehold removed the customary rights but the advantage to the tenant was that the land could be inherited. There was a significant rise in enclosure during the Tudor period . Enclosure was quite often undertaken unilaterally by
612-424: A few lines, the poem manages to criticize double standards, expose the artificial and controversial nature of property rights, and take a slap at the legitimacy of state power. And it does it all with humor, without jargon, and in rhyming couplets." In 1770 Oliver Goldsmith wrote the poem The Deserted Village , in it condemns rural depopulation, the enclosure of common land, the creation of landscape gardens and
714-435: A friend complaining that if he desired good roads "never to go into Sussex" and another writer said that the "Sussex road is an almost insuperable evil" . The problem was that country lanes were worn out and this had been compounded by the movement of cattle. Thus the commissioners were given powers to build wide straight roads that would allow for the passage of cattle. The completed new roads would be subject to inspection by
816-476: A fundamental change in agricultural practice. One of the most important innovations was the development of the Norfolk four-course system , which greatly increased crop and livestock yields by improving soil fertility and reducing fallow periods. Wheat was grown in the first year, turnips in the second, followed by barley, with clover and ryegrass in the third. The clover and ryegrass were grazed or cut for feed in
918-476: A house on common land, raise the roof over their head and light a fire in the hearth, then they would have the right of undisturbed possession. The belief—sometimes called "keyhole tenure", and which persisted as recently as the early 20th century—was actually a fallacy, but to stop landless peasants unlawfully squatting on commons, the Erection of Cottages Act 1588 ( 31 Eliz. 1 . c. 7) was introduced. Under
1020-405: A manor. A commoner would be the person who, for the time being, was the occupier of a particular plot of land. Most land with appurtenant commons rights is adjacent to the common. Other rights of common were said to be in gross , that is, they were unconnected with tenure of land. This was more usual in regions where commons were more extensive, such as in the high ground of Northern England or in
1122-460: A prelude to the UK's parliamentary system. After 1650 with the increase in corn prices and the drop in wool prices the focus shifted to implementation of new agricultural techniques, including fertilizer, new crops, and crop rotation, all of which greatly increased the profitability of large-scale farms. The enclosure movement probably peaked from 1760 to 1832; by the latter date it had essentially completed
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#17327724186021224-619: A right in, or over, common land jointly with another or others is usually called a commoner . In Great Britain, common land or former common land is usually referred to as a common ; for instance, Clapham Common and Mungrisdale Common . Due to enclosure , the extent of common land is now much reduced from the hundreds of square kilometres that existed until the 17th century, but a considerable amount of common land still exists, particularly in upland areas. There are over 8,000 registered commons in England alone. Originally in medieval England
1326-495: A series of private acts of Parliament, mainly from about 1750 to 1850, which enclosed large areas of common, especially the arable and haymeadow land and the better pasture land. The maintenance of fences around a common is the responsibility of the occupiers of the adjacent enclosed land, not (as it would be with enclosed land) the responsibility of the owners of the grazed livestock. This can lead to difficulties where not all adjacent occupiers maintain their fences properly. However
1428-501: A single field would have been divided under this system among the lord and his tenants; poorer peasants ( serfs or copyholders , depending on the era) were allowed to live on the strips owned by the lord in return for cultivating his land. The open-field system was probably a development of the earlier Celtic field system, which it replaced. The open-field system used a three-field crop rotation system. Barley , oats , or legumes would be planted in one field in spring, wheat or rye in
1530-656: Is dependent, among other things, on the underlying rock. Sheepwalk is also the name of townlands in County Roscommon , Ireland , and County Fermanagh , Northern Ireland . Unlike factory farming , which entails in its most intensive form entirely trough-feeding, managed or unmanaged pasture is the main food source for ruminants . Pasture feeding dominates livestock farming where the land makes crop sowing or harvesting (or both) difficult, such as in arid or mountainous regions, where types of camel , goat , antelope , yak and other ruminants live which are well suited to
1632-411: Is found that the sheep of any soil yield a softer and richer wool than ordinary, there the nobility and gentry, and even those holy men, the abbots! not contented with the old rents which their farms yielded, nor thinking it enough that they, living at their ease, do no good to the public, resolve to do it hurt instead of good. They stop the course of agriculture, destroying houses and towns, reserving only
1734-410: Is substantial support among those with interests in the land, such as; the commoners (especially those who actively exercise their rights); owners and other legal interests. Commons councils enable decisions to be made by majority voting, so relieving the burden of trying to reach unanimous decisions. They will have the power to make rules about agricultural activities, the management of vegetation, and
1836-399: Is the prime consideration and where the owner and commoners do not require a direct voice in the management, or where the owner cannot be found. There are at least 200 schemes of management made under the 1899 act. The Law of Property Act 1925 ( 15 & 16 Geo. 5 . c. 20), which still forms the core of English property law, has two provisions for common land: The UK government regularised
1938-492: Is typically grazed throughout the summer, in contrast to meadow which is ungrazed or used for grazing only after being mown to make hay for animal fodder . Pasture in a wider sense additionally includes rangelands , other unenclosed pastoral systems , and land types used by wild animals for grazing or browsing . Pasture lands in the narrow sense are distinguished from rangelands by being managed through more intensive agricultural practices of seeding , irrigation , and
2040-474: The Commons Act 1876 ( 39 & 40 Vict. c. 56) some 36 commons in England and Wales were regulated. The act also enabled the confirmation of orders providing for the inclosure of common land or common fields. The Commons Act 1899 ( 62 & 63 Vict. c. 30) provides a mechanism of enabling district councils and National Park authorities to manage commons where their use for exercise and recreation
2142-470: The Inclosure Act 1845 ( 8 & 9 Vict. c. 118). After the 1845 act permanent Inclosure Commissioners were appointed who could approve enclosures without having to submit to Parliament. The Rev. William Homer was a commissioner and he provided a job description in 1766: A Commissioner is appointed by Act of Parliament for dividing and allotting common fields and is directed to do it according to
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#17327724186022244-509: The Fens , but also included many village greens across England and Wales. Historically manorial courts defined the details of many of the rights of common allowed to manorial tenants, and such rights formed part of the copyhold tenancy whose terms were defined in the manorial court roll. Example rights of common are: On most commons, rights of pasture and pannage for each commoner are tightly defined by number and type of animal, and by
2346-494: The Parliament of England . The exact usufruct rights which apply to individual commons were in some cases documented, but more often were based on long-held traditions. A major reform began in 1965, with a national register of common land which recorded the land ownership and the rights of any commoners, and two other important statutes have followed. Owners of land in general have all the rights of exclusive ownership, to use
2448-467: The Statute of Merton in 1235 manorial lords were able to reorganize strips of land such that they were brought together in one contiguous block. Copyholders had a "customary tenancy" on their piece of land that was legally enforceable. The problem was that a "copyhold tenancy" was only valid for the holder's life. The heir would not have the right to inheritance although usually by custom, in exchange for
2550-517: The common arable fields and common haymeadows assigned annually by lot . When not in use for those purposes, such commons were grazed . Examples include the common arable fields around the village of Laxton in Nottinghamshire, and a common meadow at North Meadow, Cricklade . Lammas rights entitled commoners to pasture following the harvest, between Lammas day, 12 August ( N.S. ), to 6 April, even if they did not have other rights to
2652-495: The " open field system ," was in the lowland areas of England in a broad band from Yorkshire and Lincolnshire diagonally across England to the south, taking in parts of Norfolk and Suffolk, Cambridgeshire, large areas of the Midlands, and most of south central England. Enclosure Inclosure Villagers There were essentially two broad categories of enclosure, these were 'formal' or 'informal' agreements. Formal enclosure
2754-437: The 12th century agricultural land had been enclosed. However, the history of enclosure in England is different from region to region. Parts of south-east England (notably sections of Essex and Kent ) retained the pre-Roman Celtic field system of farming in small enclosed fields. Similarly in much of west and north-west England, fields were either never open, or were enclosed early. The primary area of field management, known as
2856-502: The 16th century. By the 19th century, unenclosed commons had become largely restricted to large areas of rough pasture in mountainous areas and to relatively small residual parcels of land in the lowlands. Enclosure could be accomplished by buying the ground rights and all common rights to accomplish exclusive rights of use, which increased the value of the land. The other method was by passing laws causing or forcing enclosure, such as Parliamentary enclosure. The latter process of enclosure
2958-851: The 2006 act, and to add land omitted under the 1965 act. Other than for those commons covered by the Law of Property Act 1925 , the Commons Act 1899 and certain other statutes, the public did not have the right to use or enjoy common land if they were not a commoner. However, the Countryside and Rights of Way Act 2000 (c. 37) gave the public the freedom to roam freely on all registered common land in England and Wales. The new rights were introduced region by region through England and Wales, with completion in 2005. Maps showing accessible areas have been produced, and are available online as "open access maps" produced by Natural England. Commons are included in
3060-548: The Anglican clergy) could voluntarily commutate tithe payments to a rental charge, this would have the effect of reducing their income, so many refused to allow it. However the Tithe Act 1836 ( 6 & 7 Will. 4 . c. 71) made it compulsory for tithe payments to be commutated to a rent charge instead. The commissioners of inclosure had absolute authority to enclose and redistribute common and open fields from around 1745 until
3162-515: The Black Death, during the 14th to 17th centuries, landowners started to convert arable land over to sheep, with legal support from the Statute of Merton of 1235. Villages were depopulated. The peasantry responded with a series of revolts. In the 1381 Peasants' Revolt , enclosure was one of the side issues. However, in Jack Cade's rebellion of 1450 land rights were a prominent demand and by
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3264-547: The Common " has come to represent the opposition to the enclosure movement in the 18th century: "The law locks up the man or woman Who steals the goose from off the common, But lets the greater felon loose Who steals the common from the goose." (Part of 18th century poem by Anon.) According to one academic: "This poem is one of the pithiest condemnations of the English enclosure movement—the process of fencing off common land and turning it into private property. In
3366-701: The Commons Preservation Society found a champion in Augustus Smith who had the inclination and the money to act, and himself held commons rights. Smith hired 120 navvies armed with hammers, chisels and crowbars, who on the night of 6 March 1866, under the aegis of the newly formed Commons Preservation Society (now the Open Spaces Society ), felled to the ground two miles of iron railings. Soon after, local people flocked in. Lord Brownlow took action against Augustus Smith and
3468-507: The Hammonds' 1911 analysis of the events, critically J. D. Chambers and G. E. Mingay , suggested that the Hammonds exaggerated the costs of change when in reality enclosure meant more food for the growing population, more land under cultivation and on balance, more employment in the countryside. The ability to enclose land and raise rents certainly made the enterprise more profitable. D. McCloskey. "The openfields of England: rent, risk and
3570-566: The King, whose Star Chamber court, abolished in 1641, had provided the primary legal brake on the enclosure process. By dealing an ultimately crippling blow to the monarchy (which, even after the Restoration , no longer posed a significant challenge to enclosures) the Civil War paved the way for the eventual rise to power in the 18th century of what has been called a "committee of Landlords",
3672-484: The Second World War as a result of the advance of woodland into traditional heathland areas when, as one commentator stated: ...returning soldiers gave up trying to scratch a living out of the forest. Whereas once hundreds of commoners used the wood and heath—their livestock obliging by chewing down young tree shoots—today there is only one commercial grazer. The conservators were forced to intervene to stem
3774-675: The Secretary of State for the Environment, Food and Rural Affairs (Defra). Under section 38 of the Commons Act 2006, you need consent to carry out any restricted works on land registered as common land under the Commons Registration Act 1965. Restricted works are any that prevent or impede access to or over the land. They include fencing, buildings, structures, ditches, trenches, embankments and other works, where
3876-678: The Tudors. The resulting depopulation was financially disadvantageous to the Crown. The authorities were concerned that many of the people subsequently dispossessed would become vagabonds and thieves. Also the depopulation of villages would produce a weakened workforce and enfeeble the military strength of the state. From the time of Henry VII, Parliament began passing acts either to stop enclosure, to limit its effects, or at least to fine those responsible. The so-called 'tillage acts', were passed between 1489 and 1597. The people who were responsible for
3978-454: The Welsh and 16% of the English commons. Cattle are registered on 35% of Welsh and 20% of English commons, whilst horses and ponies are registered on 27% of Welsh and 13% of English commons. In some cases rights to graze goats, geese and ducks are registered, whilst in others the type of livestock is not specified. These figures relate to the number of common land units, and due to discrepancies in
4080-528: The animals produced in the fallow field would help restore its fertility. The following year, the fields for planting and fallow would be rotated. The very nature of the three field rotation system imposed a discipline on lord and tenants in their management of the arable land. Every one had the freedom to do what they liked with their own land but had to follow the rhythms of the rotation system. The land-holding tenants had livestock , including sheep, pigs, cattle , horses, oxen , and poultry , and after harvest,
4182-621: The authorities at other heathland areas in the New Forest and Surrey". In 2008 the Foundation for Common Land was created in the UK to try to enhance the understanding and protection of commons. The legal position concerning common land has been confused, but recent legislation has sought to remedy this and remove the legal uncertainties so that commons can be better used and protected. Most commons are based on ancient rights under British common law , which pre-date statutes passed by
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4284-436: The available contemporary data and concluded that the difference in efficiency between the open field system and enclosure is not so plain and obvious. M.E.Turners paper "English Open Field and Enclosures:Retardation or Productivity Improvements". Based on figures extracted from Home Office returns. Notes: A bushel is a measurement of volume = 8 imperial gallons (36 L; 9.6 US gal); 1 acre = 0.4 ha After
4386-551: The cattle enriched the arable land and grass crops on the ploughed-up and manured land were much better than were those on the constant pasture." Since the late 20th century, those contentions have been challenged by a new class of historians. The Enclosure movement has been seen by some as causing the destruction of the traditional peasant way of life, however miserable. Landless peasants could no longer maintain an economic independence so had to become labourers. Historians and economists such as M.E.Turner and D. McCloskey have examined
4488-460: The centre of a dispute between some local residents and the forest's governing body, the Board of Conservators, which is responsible for administering the forest's 24 km of common land. The conservators wished to restore the forest's landscape to one that predominantly consisted of heathland—its defining characteristic until the mid-twentieth century, but something that was in danger of being lost after
4590-435: The choice of raising wages to compete for workers or letting their lands go unused. Wages for labourers rose and translated into inflation across the economy. The ensuing difficulties in hiring labour has been seen as causing the abandonment of land and the demise of the feudal system, although some historians have suggested that the effects of the Black Death may have only sped up an already on-going process. From as early as
4692-709: The churches, and enclose grounds that they may lodge their sheep in them. As if forests and parks had swallowed up too little of the land, those worthy countrymen turn the best inhabited places into solitudes; for when an insatiable wretch, who is a plague to his country, resolves to enclose many thousand acres of ground, the owners, as well as tenants, are turned out of their possessions by trick or by main force, or, being wearied out by ill usage, they are forced to sell them; by which means those miserable people, both men and women, married and unmarried, old and young, with their poor but numerous families... (From Thomas Mores Utopia. 1518) An anonymous poem, known as " The Goose and
4794-502: The common was an integral part of the manor , and was thus part of the estate held by the lord of the manor under a grant from the Crown or a superior peer (who in turn held his land from the Crown; it is sometimes said that the Crown was held to ultimately own all land under its domain). This manorial system, founded on feudalism, granted rights of land use to different classes. These could be appurtenant rights whose ownership attached to tenancies of particular plots of land held within
4896-458: The commoners were able to find better-paid work in other sectors of the economy. As a result they largely stopped exercising their rights; relatively few commoners exist today. Much common land is still used for its original purpose. The right to graze domestic stock is by far the most extensive commoners right registered, and its ongoing use contributes significantly to agricultural and rural economies. Rights to graze sheep are registered on 53% of
4998-458: The country. In the 13th century, successful Lords did very well financially, while the peasants faced with ever increasing costs did not, and their landholding dwindled. After outbreaks of the Black Death in the middle of the 14th century however, there was a major decline in population and crop yields. The decline in population left the surviving farm workers in great demand. Landowners faced
5100-537: The court case lasted until 1870 when it ended with the complete vindication of Smith. Development of common land is strictly controlled. The government states that common land should be open and accessible to the public, and the law restricts the kind of works that can be carried out on commons. HM Planning Inspectorate is responsible for determining applications under the 2006 Act regarding common land in England, and several other pieces of legislation regarding commons and greens. All applications are determined on behalf of
5202-521: The deeds of another property. A number of commoners still exercise rights, for example, there are 500 practising commoners in the New Forest , and there is a federation of commoners in Cumbria . In many cases commons have no existing commoners, the rights having been neglected. It was a common a belief that if a squatter and their friends could—between sunrise and sunset in a single day—build
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#17327724186025304-489: The definitions of common land with the Commons Registration Act 1965 (c. 64), which established a register of common land. Not all commons have owners, but all common land by definition is registered under Commons Registration Act 1965, along with the rights of any commoners if they still exist. The registration authorities are the county councils, and when there is no ownership, a local council, such as
5406-407: The destruction of the medieval peasant community. Surplus peasant labour moved into the towns to become industrial workers. The enclosure movement is considered by some scholars to be the beginnings of the emergence of capitalism ; for many Marxists, the enclosures constituted "primitive accumulation," establishing the structural conditions necessary for a capitalist political economy. In contrast to
5508-413: The disparate strips of land in an area and consolidate them in one whole piece, for example a manor, then any communal rights would cease to exist, since there was no one to exercise them. Before the enclosures in England, " common " land was under the control of the manorial lord. The usual manor consisted of two elements, the peasant tenantry and the lord's holding, known as the demesne farm. The land
5610-510: The earlier legislation is provided by the Commons Act 2006 . Under Schedule 2(4) to the Act, applications that failed to achieve final registration under the 1965 Act may, in certain circumstances, be reconsidered – offering, in effect, a second chance for the land to be confirmed ('re-registered') as common. Land that is re-registered in this way will enjoy the special legal protection afforded to common land. It will also become subject in due course to
5712-884: The effect of those works is to prevent or impede access. They also include, in every case, new solid surfaces, such as for a new car park or access road. Some commons are managed by boards of conservators for the wider public benefit. However, for areas where these are not established, or an improved system is required, the Commons Act 2006 provides for the establishment of commons councils to manage common land. The Standard Constitution Regulations relating to commons councils were formally approved in April 2010, and commons councils are most likely to be useful where they can improve current management practices. This may be where commons are in agricultural use, but where it can be difficult to reach agreement on collective management. Commons councils are voluntary and can be established only where there
5814-532: The enforcement of the acts were the same people who were actually opposed to them. Consequently, the acts were not strictly enforced. Ultimately with rising popular opposition to sheep farming, the Tillage Act 1533 ( 25 Hen. 8 . c. 13) restricted the size of flocks of sheep to no more than 2,400. Then the Taxation Act 1549 ( 3 & 4 Edw. 6 . c. 23) was introduced that imposed a poll tax on sheep that
5916-592: The exercise of common rights, which are binding on all those with interests on a common. Pasture Pasture (from the Latin pastus , past participle of pascere , "to feed") is land used for grazing . Pasture lands in the narrow sense are enclosed tracts of farmland , grazed by domesticated livestock , such as horses , cattle , sheep , or swine . The vegetation of tended pasture, forage , consists mainly of grasses , with an interspersion of legumes and other forbs (non-grass herbaceous plants). Pasture
6018-417: The fencing of land within a registered common is not allowed, as this is a form of enclosure and denies use of the land to others. A celebrated landmark case of unauthorised fencing of a common was in 1866 by Lord Brownlow who illegally enclosed 434 acres of Berkhamsted Common to add to his Ashridge Estate . Brownlow had failed to buy out the commoners, so resorted to this action. A public outcry followed, and
6120-403: The fields became 'common' so they could graze animals on that land. There are still examples of villages that use the open-field system, one example being Laxton, Nottinghamshire . Seeking better financial returns, landowners looked for more efficient farming techniques. They saw enclosure as a way to improve efficiency, however it was not simply the fencing of existing holdings; there was also
6222-434: The fourth year. The turnips were used for feeding cattle and sheep in the winter. The practice of growing a series of dissimilar types of crops in the same area in sequential seasons helped to restore plant nutrients and reduce the build-up of pathogens and pests. The system also improves soil structure and fertility by alternating deep-rooted and shallow-rooted plants. For example, turnips can recover nutrients from deep under
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#17327724186026324-522: The initiative to enclose land came either from a landowner hoping to maximise rental from their estate, or a tenant farmer wanting to improve their farm. Before the 17th century enclosures were generally by informal agreement. When they first introduced enclosure by act of Parliament the informal method continued too. The first enclosure by act of Parliament was in 1604 (the Melcombe Regis and Radipole, Dorset (Church) Act 1603 ( 1 Jas. 1 . c. 30)) and
6426-475: The invasion of trees, scrub and bracken that threatened the ecologically precious heathlands, cutting down saplings, removing scrub and mowing the bracken. Some residents complained that the results looked like a First World War battle field. This is not a problem restricted to this common, but according to Jonathan Brown writing in the Independent on 21 April 2007 "similar debates are raging between locals and
6528-434: The land as they wish. However, for common land the owner's rights are restricted, and other people known as commoners have certain rights over the land. The landowner may retain other rights to the land, such as rights to minerals and large timber, and to any common rights left unexercised by the commoners. The commoners will continue to exercise their rights, or have a document which describes their rights, which may be part of
6630-424: The land become restricted to the owner, and it ceases to be land for the use of commoners. In England and Wales the term is also used for the process that ended the ancient system of arable farming in open fields . Under enclosure, such land is fenced ( enclosed ) and deeded or entitled to one or more owners. The process of enclosure began to be a widespread feature of the English agricultural landscape during
6732-452: The land. Such rights sometimes had the effect of preventing enclosure and building development on agricultural land. Most of the medieval common land of England was lost due to enclosure. In English social and economic history, enclosure or inclosure is the process which ends traditional rights such as mowing meadows for hay , or grazing livestock on common land formerly held in the open field system . Once enclosed, these uses of
6834-650: The landowner, sometimes illegally. The widespread eviction of people from their lands resulted in the collapse of the open field system in those areas. The deprivations of the displaced workers has been seen by historians as a cause of subsequent social unrest. In Tudor England the ever increasing demand for wool had a dramatic effect on the landscape. The attraction of large profits to be made from wool encouraged manorial lords to enclose common land and convert it from arable to (mainly) sheep pasture. The consequent eviction of commoners or villagers from their homes and loss of their livelihoods became an important political issue for
6936-464: The laws of Edward the Confessor . Thus commoners were still able to exercise their ancient customary rights. The original contract bound the people who occupied the land to provide some form of service. This later evolved into a financial agreement that avoided or replaced the service. Following the introduction of the feudal system, there was an increase in the economic growth and urban expansion of
7038-424: The local justices, to make sure they were of a suitable standard. In the late eighteenth century the width of the enclosure roads was at least 60 feet (18 m), but from the 1790s this was decreased to 40 feet (12 m), and later 30 feet as the normal maximum width. Straight roads of early origin, if not Roman were probably enclosure roads. They were established in the period between 1750 and 1850. The building of
7140-558: The lord held was for his benefit and was farmed by his own direct employees or by hired labour. The tenant farmers had to pay rent. This could either be cash, labour or produce. Tenants had certain rights such as pasture , pannage , or estovers that could be held by neighbouring properties, or (occasionally) in gross by all manorial tenants. "Waste" land was often very narrow areas, typically less than 1 yard (0.91 m) wide, in awkward locations (such as cliff edges, or inconveniently shaped manorial borders), but also could be bare rock, it
7242-484: The manor must only exercise his rights so far as to leave a "sufficiency" of resource for commoners. This was at issue in 1889 when the lord of the manor and owner of Banstead Downs and Heath, a Mr Hartopp, excavated gravel and threatened to reduce the available pasture. The meaning of sufficiency was challenged in court, expert witnesses stated that the grazing capacity was 1,200 animals, the commoners rights totalled 1,440 animals, and 600 animals were normally turned out. It
7344-410: The more hostile terrain and very rarely factory-farmed. In more humid regions, pasture grazing is managed across a large global area for free range and organic farming . Certain types of pasture suit the diet, evolution and metabolism of particular animals, and their fertilising and tending of the land may over generations result in the pasture combined with the ruminants in question being integral to
7446-526: The need for fences while maintaining their effective individual interest in them, as each ewe remains on her particular area. Lambs usually learn their heft from their mothers. Also known as 'hoofing' in some areas like North Yorkshire. This ability to keep sheep from straying without fences is still an important factor in sheep farming on the extensive common land in upland areas. Surviving commons are almost all pasture, but in earlier times, arable farming and haymaking were significant, with strips of land in
7548-580: The new roads, especially when linked up with new roads in neighbouring parishs and ultimately the turnpikes , was a permanent improvement to the road system of the country. The social and economic consequences of enclosure has been much discussed by historians. In the Tudor period Sir Thomas More in his Utopia said: The increase of pasture,' said I, 'by which your sheep, which are naturally mild, and easily kept in order, may be said now to devour men and unpeople, not only villages, but towns; for wherever it
7650-433: The ownership of the holder of the right (the commoner) or is a right held in gross i.e. unattached to land. This includes details of the owner(s) of the common land. Entries in this section however, are not held to be conclusive. Numerous inconsistencies and irregularities remained, mainly because a period of only three years was given for registration submissions. However, there is now an opportunity to clear these up under
7752-471: The past, most pasture commons would have been grazed by mixtures of cattle, sheep and ponies (often also geese). The modern survival of grazing on pasture commons over the past century is uneven. The use of hefting (or heafing ) – the characteristic of some breeds of sheep for example, keeping to a certain heft (a small local area) throughout their lives – allows different farmers in an extensive landscape such as moorland to graze different areas without
7854-421: The policy, with many protests at the removal of rights from the common people. Enclosure riots are seen by historians as 'the pre-eminent form' of social protest from the 1530s to 1640s. After William I invaded and conquered England in 1066, he distributed its land amongst 180 barons , who held it as his tenants in chief , establishing a feudal system . However he promised the English people that he would keep
7956-455: The primary right is to pasture livestock . In the uplands, they are largely moorland , on the coast they may be salt marsh , sand dunes or cliffs , and on inland lowlands they may be downland , grassland , heathland or wood pasture , depending on the soil and history. These habitats are often of very high nature conservation value, because of their very long continuity of management extending in some cases over many hundreds of years. In
8058-499: The public access land now shown on the Ordnance Survey Explorer maps. The Commons Act 2006 (c. 26) is an important recent piece of legislation. The act: Several hundred square kilometres of 'waste land' that was provisionally registered under the Commons Registration Act 1965 was not, in fact, finally registered. As a consequence, it ceased to be recognised as common land. A partial remedy for this defect in
8160-493: The public right of access introduced by the Countryside and Rights of Way Act 2000; or depending on location, may qualify as a section 193 'urban' common (in which case, it would also be subject to a right of access for horse-riders). The act of transferring resources from the commons to purely private ownership is known as enclosure , or (especially in formal use, and in place names) Inclosure . The Inclosure Acts were
8262-409: The pursuit of excessive wealth. During the 19th and early 20th century historians generally had sympathy for the cottagers who rented their dwellings from the manorial lord and also the landless labourers. John and Barbara Hammond said that "enclosure was fatal to three classes: the small farmer, the cottager and the squatter." "Before enclosure the cottager was a labourer with land; after enclosure
8364-562: The rate of interest, 1300-1815" Arnold Toynbee considered that the main feature distinguishing English agriculture was the massive reduction in common land between the middle of the 18th to the middle of the 19th century. The major advantages of the enclosures were: He writes: "The result was a great increase in agricultural produce. The landowners having separated their plots from those of their neighbours and having consolidated them could pursue any method of tillage they preferred. Alternate and convertible husbandry … came in. The manure of
8466-696: The registers and large numbers of small commons with no rights in England, the apparent distinction between Wales and England may be exaggerated. Today, despite the diverse legal and historical origins of commons, they are managed through a community of users, comprising those who hold rights together with the owner(s) of the soil. Such communities generally require joint working to integrate all interests, with formal or informal controls and collaborative understandings, often coupled with strong social traditions and local identity. However, 26% of commons in Wales, and as many as 65% in England, have no common rights shown on
8568-531: The registers. Such areas are derived from wastes of manors , where rights probably existed formerly. When such open habitats are no longer grazed they revert to scrub and then dense woodland, losing the grassy or heathland vegetation which may have occupied the land continuously for many centuries. In 2007, Ashdown Forest , the Sussex heathland which was the setting for the Winnie-the-Pooh stories, became
8670-492: The respective interests of proprietors ... without undue preference to any, but paying regard to situation, quality and convenience. The method of ascertainment is left to the major part of the Commission ... and this without any fetter or check upon them beside their own honour confidence (and late indeed) awed by the solemnity of an oath. This is perhaps one of the greatest trusts ever reposed in one set of men; and merits all
8772-646: The return of caution attention and integrity which can result from an honest impartial and ingenuous mind. (From William Homer, An Essay on the Nature and Method [of] the Inclosure of Common Fields. 1766) After 1899, the Board of Agriculture, which later became the Ministry of Agriculture and Fisheries , inherited the powers of the Inclosure Commissioners. One of the objectives of enclosure
8874-483: The same time productivity increased enough to create a surplus of labour. The increased labour supply is considered one of the factors facilitating the Industrial Revolution . Following the era of enclosure, there was relatively little common land remaining of value although some residual commoners remained until the end of the Second World War. By that time lowland commons had become neglected because
8976-414: The second field in the autumn. There was no such thing as artificial fertilizer in mediaeval England, so the continual use of arable land for crops would exhaust the fertility of the soil. The open-field system solved that problem. It did this by allowing the third field, of the arable land, to be uncultivated each year and use that "fallow" field for grazing animals, on the stubble of the old crop. The manure
9078-563: The soil. Planting crops such as turnips and clover was not realistic under the open field system because the unrestricted access to the field meant that other villagers' livestock would graze on the turnips. Another important feature of the Norfolk system was that it used labour at times when demand was not at peak levels. From as early as the 12th century, some open fields in Britain were being enclosed into individually owned fields. After
9180-603: The time of Kett's Rebellion of 1549 enclosure was a main issue, as it was in the Captain Pouch revolts of 1604-1607 when the terms " leveller " and " digger " appeared, referring to those who levelled the ditches and fences erected by enclosers. Common land Common land is collective land (sometimes only open to those whose nation governs the land) in which all persons have certain common rights , such as to allow their livestock to graze upon it, to collect wood , or to cut turf for fuel . A person who has
9282-403: The time of year when certain rights could be exercised. For example, the occupier of a particular cottage might be allowed to graze fifteen cattle , four horses , ponies or donkeys , and fifty geese , whilst the numbers allowed for their neighbours would probably be different. On some commons (such as the New Forest and adjoining commons), the rights are not limited by numbers, and instead
9384-416: The total area of England. Parliamentary inclosure was also used for the division and privatisation of common "wastes" such as fens , marshes , heathland , downland and moors . The statutory process included the appointment of commissioners. The process of enclosure was weighted in favour of the tithe owner who had the right to appoint one inclosure commissioner for their parish. Tithe-owners (usually
9486-426: The use of fertilizers , while rangelands grow primarily native vegetation, managed with extensive practices like controlled burning and regulated intensity of grazing. Soil type, minimum annual temperature , and rainfall are important factors in pasture management. Sheepwalk is an area of grassland where sheep can roam freely. The productivity of sheepwalk is measured by the number of sheep per area. This
9588-473: Was a labourer without land." Marxist historians, such as Barrington Moore Jr. , focused on enclosure as a part of the class conflict that eventually eliminated the English peasantry and saw the emergence of the bourgeoisie . From this viewpoint, the English Civil War provided the basis for a major acceleration of enclosures. The parliamentary leaders supported the rights of landlords vis-à-vis
9690-432: Was achieved either through act of Parliament, or, from 1836 onwards, by a written agreement signed by all parties involved. The written record would probably also include a map. With informal agreements there was either minimal or no written record other than occasionally a map of the agreement. The most straightforward informal enclosure was through 'unity of possession'. Under this, if an individual managed to acquire all
9792-424: Was coupled with a levy on home produced cloth. The result made sheep farming less profitable. However, in the end it was market forces that were responsible for stopping the conversion of arable into pasture. An increase in corn prices during the second half of the 16th century made arable farming more attractive, so although enclosures continued the emphasis was more on efficient use of the arable land. Historically,
9894-488: Was decided sufficiency was whether enough grazing would be available for all the animals that could be turned out. The judgment was that "The Lord is bound to leave pasture enough to satisfy the commoners rights whether such rights are to be exercised or not". Commoners also have the right to "peaceful enjoyment" of their rights, so that they cannot be hindered by the lord of the manor. This was first proposed in 1500 and became case law in 1827. Pasture commons are those where
9996-432: Was enclosure by proprietors, owners who acted together, usually small farmers or squires, leading to the enclosure of whole parishes. Finally there were enclosures by acts of Parliament . The primary reason for enclosure was to improve the efficiency of agriculture. However, there were other motives too, one example being that the value of the land enclosed would be substantially increased. There were social consequences to
10098-589: Was for Radipole , Dorset . This was followed by many more acts of Parliament and by the 1750s the parliamentary system became the more usual method. The Inclosure Act 1773 ( 13 Geo. 3 . c. 81) created a law that enabled "enclosure" of land, at the same time removing the right of commoners ' access. Although there was usually compensation, it was often in the form of a smaller and poorer quality plot of land. Between 1604 and 1914 there were more than 5,200 inclosure bills which amounted to 6,800,000 acres (2,800,000 ha) of land that equated to approximately one fifth of
10200-444: Was not officially used by anyone, and so was often "farmed" by landless peasants. The remaining land was organised into a large number of narrow strips, each tenant possessing several disparate strips throughout the manor, as would the manorial lord . The open-field system was administered by manorial courts , which exercised some collective control. The land in a manor under this system would consist of: What might now be termed
10302-627: Was sometimes accompanied by force, resistance, and bloodshed, and remains among the most controversial areas of agricultural and economic history in England. Enclosure is considered one of the causes of the British Agricultural Revolution . Enclosed land was under control of the farmer who was free to adopt better farming practices. There was widespread agreement in contemporary accounts that profit making opportunities were better with enclosed land. Following enclosure, crop yields and livestock output increased while at
10404-405: Was to improve local roads. Commissioners were given authorisation to replace old roads and country lanes with new roads that were wider and straighter than those they replaced. The road system of England had been problematic for some time. An 1852 government report described the condition of a road between Surrey and Sussex as "very ruinous and almost impassable." In 1749 Horace Walpole wrote to
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