Chapter XXVIII: Section I: Rural Conditions (2)

We pray that every proprietary parson or vicar having a benefice of xv._l_ or more by year shall either by themselves or by some other person teach poor men's children of their parish the book called the catechism and the primer.

We pray that it be not lawful to the lords of any manor to purchase lands freely and to let them out again by copy of court roll to their great advancement and to the undoing of your poor subjects.

We pray that no proprietary parson or vicar, in consideration of avoiding trouble and suit between them and their poor parishioners which they daily do precede and attempt, shall from henceforth take for the full contentation [_i.e._ satisfaction] of all the tenths which now they do receive but viiid of the noble in the full discharge of all other tithes.

We pray that no man under the degree of [_blank_] shall keep any conies upon any of their own freehold or copyhold unless he pale them in so that it shall not be to the commons' nuisance.

We pray that no person, of what estate, degree or condition he be, shall from henceforth sell the wardship of any child, but that the same child if he live to his full age shall be at his own chosen concerning his marriage, the King's wards only except.

We pray that no manner of person having a manor of his own shall be no other lord's bailiff but only his own.

We pray that no lord knight nor gentleman shall have or take in farm any spiritual promotion.

We pray that your Grace to give license and authority by your gracious commission under your great seal to such commissioners as your poor commons hath chosen, or as many of them as your Majesty and your council shall appoint and think meet, for to redress and reform all such good laws, statutes, proclamations, and all other your proceedings, which hath been hidden by your justices of your peace, sheriffs, escheators, and other your officers from your poor commons, since the first year of the reign of your noble grandfather King Henry VII.

We pray that those your officers that hath offended your Grace and your commons, and so proved by the complaint of your poor commons, do give unto these poor men so assembled iiijd. every day so long as they have remained there.

We pray that no lord, knight, esquire nor gentleman do graze nor feed any bullocks or sheep if he may spend forty pounds a year by his lands, but only for the provision of his house.

By me, Robt. Kett.
" " Thomas Aldryche.

Thomas Cod.

[Footnote 258: Some doubt has been expressed as to the interpretation of these words. They should probably be read as referring to enclosures made not by lords or by large farmers, but by the peasants themselves. The rebels point out that a considerable number of people have spent capital on hedging and ditching their lands for the better cultivation of saffron, and therefore ask that, while other enclosures should be pulled down, a special exception may be made in favour of this particular kind of enclosure.]

9. PETITION TO COURT OF REQUESTS FROM TENANTS RUINED BY TRANSFERENCE OF A MONASTIC ESTATE TO LAY HANDS[259] [_R.O. Requests Proceedings, Bundle 23, No. 13_], 1553.

Inhabitants of Whitby _v._ York.

To [the] Queen's Highness our most dread Sovereign Lady and to her
most honorable Council.

1553. Lamentably complaining sheweth unto your Highness and to ... Council your poor obedient subjects and daily orators, poor husbandmen the ... of Halkesgarthe and Senseker in Whitby Strand in the County of York, that the said inhabitants, late being tenants of the dissolved Monastery of Whitby [afore]said, after it was come into the hands of our late sovereign lord King Henry ... and after that it did come to the hands and possession of the late Duke of Northumb[erland] and of late purchased of him by one Sir John Yorke, knight, who is now in possession of the premises; which said Sir John Yorke hath lately been there and kept court on the said premises at two sundry times; which said Sir John Yorke of his extort power and might, and by great and sore threatenings of the said tenants and inhabitants there, and by other means, hath gotten from them all the leases [that were in their] custodies and possession, and unreasonably hath raised and ... rents and excessively hath gressomed, fined, pilled and ... maketh inquiry all about for your poor orators with great ... do suppose if he could find them, he would lay the ... because they should not be able to exhibit this their bill of c[omplaint] ... and your said Council, how he hath fined them and raised ... and yearly rents, if your said orators should still bear and pay, appear by a bill hereunto annexed your orators hands or marks thereto ... of the old [rents] the [ne]w by them ... to be paid unto the said Sir John Yorke ... thereby shall be utterly undone in this world ... favour, help and succour with speedy [remedy] ... consideration of the premises and forasmuch as your said orators and ancestors of your said poor orators have holden and enjoyed the premises according to the old ancient custom, old rents and old fines, as hereunder it may plainly appear, without enhancing, or raising, without vexation or trouble, and in consideration also that the said Sir John Yorke is a man of power and might, lands, goods, and possessions ... greatly friended, and your poor orators being sore afraid to be imprisoned by him, and also very poor men, and not able to sue against him, nor hath no remedy but only to sue ... Majesty of your most gracious goodness ... said Council, to call before your Majesty and your said C[ouncil] ... and to take order in the premises, that your poor orators according to justice, right, and good conscience may peaceably enjoy all the premises, paying their old accustomed rents and fines, according as they and their ancestors have done, time out of mind of man. And your said poor orators shall daily pray to God for the prosperous preservation of your Majesty in your most Royal Estate long to reign, and for your most honourable Council long to continue.

Endorsed....

21 October

The tenants and inhabitants of Senseker and Halkesgarthe in Whitby Strand in the County of York desire to have Sir John Yorke called before the Council and to take order that your orators may have....

_The Names of the tenants of Halkesgarthe and Senseker._

The old The new And the
rent. rent. fine.
First John Coward 24s. 3l. 16d. 33s. 4d.
From Henry Russell 42s. 11-1/2d. 4l. 7s. 3d. 3l. 6s. 8d.
From Elisabeth Postgate,
widow 18s. 10d. 41s. 5d. 18s.
From Thomas Robynson 12s. 11-1/2d. 40s. 7d. 33s. 4d.
From John Robynson 10s. 2d. 33s. 4d. 33s. 4d.
From James Browne 16s. 1d. 36s. 10d. 24s. 6d.
From Robert Lyne 16s. 4d. 33s. 10d. 13s. 4d.
From John Nattris 7s. 8d. 15s. 10s.
From Robert Stor 23s. 5d. 50s. 2d. 15s
From Thomas Coward 14s. 9d. 31s. 2s. 6d.
From Thomas Hodshon 20s. 5d. 50s. 8d. 24s.
From William Walker 7s. 3d. 17s. 5s.
From Henry Tomson 11s. 3-1/2d.
From Henry Coverdaill 15s. 36s. 11s. 8d.
From Nicholas Grame 22s. 6d. 46s. 8d. 3s.
From William Postgate 28s. 7d. 3l. 6s. 8d. 23s. 6d.
From William Brown 13s. 4d. 26s. 8d. 24s.10d.
From Robert Jefrayson 14s. 30s. 3s. 4d.
From William Bois and
Robert Jefrayson 34s. 8d. 3l. 6s. 8d. 13s. 4d.
From Robert Barker 14s. 6d. 30s. 2s. 8d.
From Christofer Jefrayson 10s. 8d. 26s. 8d. 3s. 4d.
From Richard Colson and
Isabell Colson, widow 31s. 3l. 2s.
From Robert Sutton and
Kateryn Sutton, widow 23s. 4d. 53s. 4d. 36s. 8d.
From Thomas Postgate,
younger, and Henry
Russell 27s. 6d. 3l. 6s. 8d. 37s.
From Thomas Postgate the
elder, Suthwait house 18s. 3d. 46s. 8d. 23s. 4d.
From Robert Huntrodes 50s. 2d. 5l. 16s. 8d. 7s.

At Lammas last past my Lady Yorke at Whitby earnestly demanded of the said Robert Michaelmas farm before hand, insomuch he durst not hold it but paid it to her, the sum

of 58s. 4d.

From William Jakson, likewise paid 20s. for his farm afore hand.

From Maryon Huntrodes,
widow 50s. 2d. 5l. 16s. 8d. 7s.
Sum:-- Sum:-- Sum:--
28l. 19s. 8-1/2d. 64l. 9s. 9d. 23l. 15s. 8d.

[Endorsed.] Bill versus Yorke.
Orders and Decrees.
24th day of October in the first year of the reign of
Queen Mary.

Be it remembered that the cause brought afore the Queen's Council in Her Majesty's Court of Requests at the suit as well of Robert Stor as William Poskett and William Browne, tenants to Sir John Yorke, knight, in the Lordship of Whitby in the County of York, is now ordered by the said Council by the agreement of the said Sir John, who hath promised that the said parties afore named, and every of them, shall have and quietly enjoy their tenements and holds during the years and terms in their leases and copies yet enduring, paying their rents and farms accustomed without any interruption to the contrary or any other by him or in his name or procurement.

[Footnote 259: This document, though very imperfect, is interesting as illustrating (_a_) the land speculation which followed the dissolution of the monasteries, (_b_) the rack-renting of tenants which such speculation naturally produced.]

10. PETITION TO COURT OF REQUESTS TO STAY PROCEEDINGS AGAINST TENANTS PENDING THE HEARING OF THEIR CASE BEFORE THE COUNCIL OF THE NORTH [_R.O. Requests Proceedings. Bundle III, No. 24_], 1576.

_To the Queen's most excellent Majesty._

In most humble wise sheweth unto your Majesty your poor subject Thomas Langhorne, and other the inhabitants and residents of the lordship of Thornthwaite in your county of Westmoreland, that whereas your suppliant and other of the inhabitants and residents of the lordship aforesaid, and their ancestors time out of memory of man, have quietly had and enjoyed from heir to heir according to their ancient custom in consideration of their service to be in readiness with horse,[260] harness and other furniture to serve your Majesty at their own costs and charges in defence of your realm against the Scots, which custom hath been sufficiently approved and allowed before your Majesty's President and Council at York, as by a decree ready to be shewed more at large it may appear. But so it is, and if it please your Majesty, that Sir Henry Curwyn, knight, lord of the lordship aforesaid, hath since the beginning of your Majesty's reign expelled out of one piece of Shapps parish within the said lordship, where there was but thirteen tenants, twelve of them he hath expelled and taken their land from them and enclosed it into his demesnes, whereby your Majesty's service for the same is utterly taken away: and also the said Sir Henry Curwyn, lord of the lordship aforesaid, hath of late surrendered over the same lordship to Nicholas Curwyn, gentleman, his son and heir, which Sir Henry and Nicholas do excessively fine the poor tenants and specially your orator, who was forced to pay them for the fine of his tenement, being but 13s. 10d. by year, 31l. 6s. 8d., and was admitted tenant to the said Nicholas Curwyn, who notwithstanding hath contrary to all right and conscience granted a lease of your subject's tenement to one Henry Curwyn, servant to the same Nicholas, in the nature of an _ejection firm_[261] here at the common law, and hath by your Majesty's writ arrested your orator to appear in your Highness' Bench at Westminster to the utter undoing of your said poor subject, his wife and five children for ever, being not able to defend his rightful cause: May it therefore please your most excellent Majesty that order may be set down by your Majesty and your most honourable council that none of the lordship aforesaid may be expelled out and from their tenant rights until their said custom shall be tried and examined before the Lord President of York for the time being, and that your Majesty's said subject may not be constrained to answer any suit here at the Common Law concerning their tenant right. And your said orators shall according to their bounden duties pray to God for the preservation of your most Royal Majesty long to live and reign over us.

[Endorsed.] 18 May, 1586.

Your humble subject Thomas Langhorne, one of the tenants of the lordship of Thornthwaite in the county of Westmoreland, being molested in their tenant right by one Henry Curwyn, servant unto Nicholas Curwyn, lord of the said manor, desire most humbly that all actions at the Common Laws here at Westminster might be stayed and the full hearing of the matter reserved to the Lord President at York.

25 May, 18 Elizabeth.
Writ of injunction granted, as appears, etc.

[Footnote 260: For this form of customary tenure, "border tenure," see _Northumberland County History_, _passim_.]

[Footnote 261: _i.e._ an _ejectio firmae_, an action of ejectment. See Pollock and Maitland, _History of English Law_. Vol. II. p. 109.]

11. PETITION FROM FREEHOLDERS OF WOOTTON BASSETT FOR RESTORATION OF RIGHTS OF COMMON [_Topographer and Genealogist, Vol. III_], _temp._ Charles I.

To the Right Honourable House of Parliament now assembled, the humble petition of the Mayor and Free Tenants of the Borough of Wootton Basset in the County of Wilts.

Humbly showeth to this Honourable House, That whereas the Mayor and Free Tenants of the said Borough, by relation of our ancient predecessors, had and did hold unto them free common of pasture for the feeding of all sorts of other beasts, as cows, etc., without stint, be they never so many, in and through Eastern Great Park, which said park contained by estimation 2000 acres of ground or upwards; and in the second and third year of the reign of King Philip and Queen Mary the manor of Wootton Basset aforesaid came by patent into the hands and possession of one Sir Francis Englefield, knight, who, in short time after he was thereof possessed, did enclose the said park; and in consideration of the common of pasture that the free tenants of the borough had in the said park did grant, condescend and lease out unto the said free tenants of the said borough to use as common amongst them that parcel of the said Great Park which formerly was and now is called by the name of Wootton Lawnd, which was but a small portion to that privilege which they had before it, [and] doth not contain by estimation above 100 acres; but the free tenants being therewith contented, the mayor and free tenants did equally stint the said ground or common, as followeth:--that is to say to the mayor of the town for the time being two cows feeding, and to the constable one cow feeding, and to every inhabitant of the said borough, each and every of them, one cow feeding and no more, as well the poor as the rich, and every one to make and maintain a certain parcel or bound set forth to every person; and ever after that inclosure for the space of fifty and six years or thereabouts any messuage, burgage or tenement that was bought or sold within the said borough did always buy and sell the said cows-leaze together with the said messuage or burgage as part member of the same, as doth and may appear by divers deeds which are yet to be seen; and about which time, as we are informed and do verily believe, that Sir Francis Englefield, heir of the aforesaid Sir Francis Englefield, did by some means gain the charter of our town into his hands, and as lately we have heard his successor now keepeth it; and we do believe that at the same time he did likewise gain the deed of the said common, and he thereby knowing that the town had nothing to show for their rights of common but by prescription, did begin suits in law with the said free tenants for their common, and did vex them with so many suits in law for the space of seven or eight years at the least, and never suffer anyone to come to trial in all that space, but did divers times attempt to gain his possession thereof by putting in of divers sorts of cattle, in so much that at length, when his servants did put in cows by force into the said common, many times and present upon the putting of them in, the Lord in his mercy did send thunder and lightning from heaven, which did make the cattle of the said Francis Englefield to run so violent out of the said ground that at one time one of the beasts was killed therewith; and it was so often that people that were not there in presence to see it, when it thundered, would say Sir Francis Englefield's men were putting in their cattle into the Lawnd, and so it was, and as soon as those cattle were gone forth it would presently be very calm and fair, and the cattle of the town would never stir but follow their feeding as at other times, and never offer to move out of the way but did follow their feeding. And this did continue so long, he being too powerful for them, that the said free tenants were not able to wage law any longer; for one John Rous, one of the free tenants, was thereby enforced to sell all his land (to the value of £500) with following the suits in law, and many others were thereby impoverished and were thereby forced to yield up their right and take a lease of their said common of the said Sir Francis Englefield for term of his life. And the said mayor and free tenants hath now lost their right of common in the said Lawnd near about twenty years, which this Sir Francis Englefield, his heirs and his trustees, now detaineth from them. Likewise the said Sir Francis Englefield hath taken away their shops or shambles standing in the middle of the street in the market-place from the town, and hath given them to a stranger that liveth not in the town.... And he hath altered and doth seek ways and means to take the election of the mayor of our town to himself; for whereas the mayor is chosen at the law-day and the jury did ever make choice of two men of the town and the lord of the manor was to appoint one of them to serve, which the lord of the manor refused, and caused one to stay in two years together divers times, which is a breach of our custom.

And as for our common we do verily believe that no corporation in England so much is wronged as we are. For we are put out of all the common that ever we had and have not so much as one foot of common left unto us, nor never shall have any. We are thereby grown so in poverty, unless it please God to move the hearts of this Honourable House to commiserate our cause, and to enact something for us, that we may enjoy our right again. And your orators shall be ever bound to pray for your health and prosperity to the Lord.

[here follow 23 signatures.]

Divers hands more we might have had, but that many of them doth rent bargains of the lord of the manor, and they are fearful that they shall be put forth of their bargains; and then they shall not tell how to live. Otherwise they would have set to their hands.

12. PETITION TO CROWN OF COPYHOLDERS OF NORTH WHEATLEY [_S.P.D. Charles I, Vol. 151, No. 38_], 1629.

To the King's most Excellent Majesty.

The humble petition of your Majesty's poor and distressed tenants of your manor of North Wheatley in the county of Nottingham belonging to your Majesty's Duchy of Lancaster.

Most humbly shewing: That your poor subjects have time out of mind been copyholders of lands of inheritance to them and their heirs for ever of the manor aforesaid, and paid for every oxgang of land xvis. viiid. rent, and paid heretofore upon every alienation xiid. for every oxgang, but now of late, about 4_o_ Jacobi by an order of the Duchy Court they pay xis. vid. upon every alienation for every acre, which amounteth now to 45s. an oxgang.

And whereas some of your tenants of the said manor have heretofore held and do now hold certain oxgangs of lands belonging to the said manor by copy from 21 years to 21 years, and have paid for the same upon every copy 2s., and for every oxgang 16s. 8d. per annum, they now of late, by an order in the Duchy Court, hold the same by lease under the Duchy Seal, and pay 6l. 13s. 4d. for a fine upon every lease and 16s. 8d. rent with an increase of 6s. 8d. more towards your Majesty's provision.

And whereas in 11_o_ Edw. 4_i_, your petitioners did by copy of court roll hold the demesnes of the said manor for term of years at 9l. 6s. 8d. per annum, they afterwards in 6_o_ Eliz. held the same demesnes by lease under the seal of the Duchy for 21 years, at the like rent. And ten years before their lease was expired, they employed one Mr. Markham in trust to get their lease renewed, who procured a new lease of the demesnes in his own name for 21 years at the old rent, and afterwards, contrary to the trust committed to him, increased and raised the rent thereof upon the tenants to his own private benefit to 56l. per annum.

And whereas the woods belonging to the said manor hath within the memory of man been the only common belonging to the said town, paying yearly for the herbage and pannage thereof 6s. 8d., they now also hold the same under the Duchy Seal at 16l. 16s. 2d. per annum.

And whereas the court rolls and records of the said manor have always heretofore been kept under several locks and keys, whereof your Majesty's stewards have kept one key and your Majesty's tenants (in regard it concerned their particular inheritances) have kept another key; but now they are at the pleasure of the stewards and officers transported from place to place, and the now purchasers do demand the custody of them, which may be most prejudicial to your Majesty's poor tenants.

Now forasmuch as your Majesty hath been pleased to sell the said manor unto the City of London, who have sold the same unto Mr. John Cartwright and Mr. Tho. Brudnell, gent.: and for that your petitioners and tenants there (being in number two hundred poor men, and there being 11 of your Majesty's tenants there, that bear arms for the defence of your Majesty's realm, and 12 that pay your Majesty subsidies, fifteens, and loans) are all now like to be utterly undone, in case the said Mr. Cartwright and Mr. Brudnell should (as they say they will) take away from your tenants the said demesnes and woods after the expiration of their leases, and that your poor tenants should be left to the wills of the purchasers for their fines, or that the records and court rolls should not be kept as in former times in some private place, where the purchasers and tenants may both have the custody and view of them as occasion shall serve;

May it therefore please your sacred Majesty that such order may be taken in the premises for the relief of your poor tenants of the manor aforesaid, that they may not be dispossessed of the demesnes and leases, and that they may know the certainty of their fines for the copyhold, demesnes and leases, and may have the court rolls and records safely kept as formerly they have been, and that your Majesty will be further pleased to refer the consideration, hearing, ordering and determination of the premises unto such noblemen, or other four gentlemen of esteem in the country, whom your Majesty shall be pleased to appoint, that are neighbours unto your tenants, and do best know their estate and grievances. That they or any two or three of them may take such order, and so settle the business between the purchasers and your poor tenants, as they in their wisdom and discretion shall judge to be reasonable and fitting, or to certify your Majesty how they find the same and in whose default it is they cannot determine thereof. And your poor tenants as in all humble duty bound will daily pray for your Majesty.

Whitehall, this 10th of November, 1629.

His Majesty is graciously pleased to refer the consideration of this request to the commissioners for sale of his lands, that upon the report unto his Majesty of their opinion and advice his Majesty may give further order therein.

DORCHESTER.

13. AN ACT AVOIDING PULLING DOWN OF TOWNS [_7 Hen. VIII, c. 1. Statutes of the Realm, Vol. III, pp. 176-7_], 1515.

The King our Sovereign Lord calling to his most blessed remembrance that where great inconveniences be and daily increase by dislocation, pulling down, and destruction of houses and towns within this realm, and laying to pasture lands which customably have been manured and occupied with tillage and husbandry, whereby idleness doth increase, for where in some one town 200 persons, men and women and children, and their ancestors out of time of mind, were daily occupied and lived by sowing corn and grains, breeding of cattle, and other increase necessary for man's sustenance, and now the said persons and their progenies be minished and decreased, whereby the husbandry which is the greatest commodity of this realm for sustenance of man is greatly decayed, Churches destroyed, the service of God withdrawn, Christian people there buried not prayed for, the patrons and curates wronged, cities, market towns brought to great ruin and decay, necessaries for man's sustenance made scarce and dear, the people sore minished in the realm, whereby the power and defence thereof is enfeebled and impaired, to the high displeasure of God and against his laws and to the subversion of the common weal of this realm and dislocation of the same, if substantial and speedy remedy be not thereof provided; wherefore the King our Sovereign Lord, by the advice and assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, ordaineth, stablisheth and enacteth, that all such towns, villages, boroughs and hamlets, tything houses and other habitations in any parish or parishes within this realm, whereof the more part the first day of this present parliament was or were used and occupied to tillage and husbandry, [as] by the owner or owners thereof for their singular profit, avail, and lucre wilfully since the said first day be or hereafter shall be suffered or caused to fall down and decay, whereby the husbandry of the said towns, villages, boroughs, hamlets, tithings houses and other habitations and parishes within this realm been or hereafter shall be decayed, and turned from the said use and occupation of husbandry and tillage into pasture, shall be by the said owner or owners, their heirs, successors or assigns or other for them, within one year next after such wilful decay, re-edified and made again meet and convenient for people to dwell and inhabit in the same, and to have use and therein to exercise husbandry and tillage as at the said first day of this present parliament or since was there used, occupied and had, after the manner and usage of the country where the said land lieth, at the cost and charges of the same owner or owners, their heirs, successors or assigns. And if since the said first day of this present parliament any lands which at the same first day or since were commonly used in tillage, been enclosed or from henceforth shall be enclosed and turned only to pasture, whereby any house of husbandry within this realm is or shall be hereafter decayed, that then all such lands shall be by the same owner or owners, their heirs, successors or assigns or other for them, within one year next ensuing the same decay, put in tillage, and exercised, used and occupied in husbandry and tillage, as they were the first said day of this present parliament or any time since, after the manner and usage of the country where such land lieth; and if any person or persons do contrary to the premises or any of them, that then it be lawful to the King, if any such lands or houses be holden of him immediately, after office or inquisition found thereof comprehending the same matter of record, or to the lords of the fees, if any such lands or houses [have] been holden of immediately, without office or inquisition thereof had, to receive yearly half the value of the issues and profits of any such lands whereof the house or houses of husbandry be not so maintained and sustained, and the same half deal of the issues and profits to have, hold and keep to his or their own use without anything thereof to be paid or given, to such time as the same house or houses be sufficiently re-edified, built or repaired again, for the exercising and occupying of husbandry; and immediately after that, as well the interest and title given by this Act to our Sovereign Lord the King as to the lords of the fee to cease and no longer to endure; and that it shall be lawful to the owner and owners of such lands, house or houses holden immediately of our said Sovereign Lord the King to have and enjoy the same and to take the issues and profits thereof as if no such office or inquisition had never been had nor made; and that no manner of freehold be in the King nor in any such lord or lords by virtue of this act or taking of any such profits of or in any such lands in no manner of form, but only the King and the said lord or lords have power to take, receive and have the said issues and profits as is abovesaid, and therefore the King or the said lord or lords to have power to distrain for the same issues and profits to be had and perceived by them in form abovesaid by authority of this present act....

14. THE COMMISSION[262] OF INQUIRY TOUCHING ENCLOSURES [_Patent Roll 9 Hen. VIII, p. 2, m. 6d._], 1517.

The King to his beloved and faithful John Veysy, dean of our Chapel, Andrew Wyndesore, knight, and Roger Wegeston, late of Leicester, greeting. Whereas of late in times past divers our lieges, not having before their eyes either God or the benefit and advantage of our realm or the defence of the same, have enclosed with hedges and dykes and other enclosures certain towns, hamlets and other places within this our realm of England, where many of our subjects dwelt and there yearly and assiduously occupied and exercised tillage and husbandry, and have expelled and ejected the same our subjects dwelling therein from their holdings and farms, and have reduced the country round the houses, towns and hamlets aforesaid, and the fields and lands within the same, to pasture and for flocks of sheep and other animals to graze there for the sake of their private gain and profit, and have imparked certain great fields and pasture and woods of the same in large and broad parks, and certain others in augmentation of parks for deer only to graze there, whereby the same towns, hamlets and places are not only brought to desolation, but also the houses and buildings of the same are brought to so great ruin, that no vestige of the same at the present is left, and our subjects, who have dwelt in the said places and there occupied and exercised tillage and husbandry, are now brought to idleness, which is the step-mother of virtues, and daily live in idleness, and the crops and breeding of cattle that were bred and nourished by the same tillers and husbandmen dwelling in the same towns, hamlets and places for human sustenance, are withdrawn and entirely voided from the same places, and the churches and chapels there hallowed are destroyed and divine services there taken away, and the memory of souls of Christians buried there utterly and wholly perished, and many other inestimable damages grow therefrom and daily hereafter will grow, to the greatest desolation and undoing of our realm and diminution of our subjects, unless an opportune remedy for the reformation of the same be swiftly and speedily applied: We, as we are duly bound, desiring to reform the aforesaid and wishing to be certified touching the same, what and how many towns and hamlets and how many houses and buildings have been thrown down from the feast of St. Michael the Archangel in the fourth year of the reign of the most illustrious lord Henry, late King of England, the Seventh, our father, and how many and how great lands which were then in tillage are now enclosed and converted to pasture, and how many and how great parks have been imparked for the feeding of deer since the same feast, and what lands have been enclosed in any parks or any park, which then were or was, for the amplifying and enlarging of such parks, have therefore appointed you and two of you to enquire by oath of good and lawful men of the counties of Oxford, Berks, Warwick, Leicester, Bedford, Buckingham, and Northampton, as well within liberties as without, and by other ways, manners and means whereby you shall or may the better learn the truth, what and how many towns, how many houses and buildings have been thrown down from the aforesaid feast, and how many and how great lands which were then in tillage are now converted to pasture, and how many and how great parks have been enclosed for the feeding of deer on this side the same feast, and what lands have been enclosed in any parks or any park, which then were or was, for the enlargement of such parks, and by whom, where, when, how and in what manner, and touching other articles and circumstances in any wise concerning the premises, according to the tenour and effect of certain articles specified in a bill to these presents annexed. And therefore we command you that you attend diligently to the premises and do and execute the same with effect. And by the tenour of these presents we command our sheriffs of the counties aforesaid that at certain days and places, which you shall cause them to know, they cause to come before you or two of you as many and such good and lawful men of their bailiwick by whom the truth of the matter may the better be known and enquired of; and that you certify us in our Chancery of what you shall do in the premises in three weeks from the day of St. Michael next coming, together with this commission. In witness whereof, etc. Witness the King at Westminster, the 28th day of May.

[Footnote 262: Similar letters are addressed to other Commissioners directing them to make similar inquiries in other parts of the country. The Commission was appointed by Wolsey. Its returns are important as a source of information both on the said conditions of the period and on the administrative methods of the Tudor statesmen (see Leadam, _Domesday of Enclosures_) and subsequent Commissions were appointed in 1548, 1566, 1607, 1632, 1635, and 1636, the last three being prompted partly by the desire to raise money by means of fines.]

15. AN ACT CONCERNING FARMS AND SHEEP [_25 Hen. VIII, c. 13. Statutes of the Realm, Vol. III, p. 451_], 1533-4.

Forasmuch as divers and sundry [persons] of the king's subjects of this realm, to whom God of his goodness hath disposed great plenty and abundance of moveable substance, now of late within few years have daily studied, practised and invented ways and means how they might accumulate and gather together into few hands as well great multitude of farms as great plenty of cattle and in especial sheep, putting such lands as they can get to pasture and not to tillage, whereby they have not only pulled down churches and towns and enhanced the old rates of their rents of the possessions of this realm, or else brought it to such excessive fines that no poor man is able to meddle with it, but also have raised and enhanced the prices of all manner of corn, cattle, wool, pigs, geese, hens, chickens, eggs and such other almost double above the prices which hath been accustomed, by reason whereof a marvellous multitude and number of people of this realm be not able to provide meat, drink and clothes necessary for themselves, their wives and children, but be so discouraged with misery and poverty that they fall daily to theft, robbery and other inconvenience, or pitifully die for hunger and cold; and as it is thought by the King's most humble and loving subjects that one of the greatest occasions that moveth and provoketh those greedy and covetous people so to accumulate and keep in their hands such great portions and parties of the grounds and lands of this realm from the occupying of the poor husbandmen, and so to use it in pasture and not in tillage, is only the great profit that cometh of sheep, which now be coming to a few persons' hands of this realm in respect of the whole number of the King's subjects, that some have 24 thousand, some 20 thousand, and some more and some less, by which a good sheep for victual that was accustomed to be sold for 2s. 4d. or 3s. at the most, is now sold for 6s. 5s. or 4s. at the least; and a stone of clothing wool that in some shires of this realm was accustomed to be sold for 18d. or 20d. is now sold for 4s. or 3s. 4d. at the least, and in some countries where it hath been sold for 2s. 4d. or 2s., or 3s. at the most, it is now sold for 5s. or 4s. 8d. at the least, and so raised in every part of this realm; which things thus used be principally to the high displeasure of Almighty God, to the decay of the hospitality of this realm, to the diminishing of the King's people, and to the hindrance of the clothmaking, whereby many poor people hath been accustomed to be set on work, and in conclusion if remedy be not found it may turn to the utter destruction and dislocation of this realm, which God defend; it may therefore please the King's Highness of his most gracious and godly disposition, and the Lords Spiritual and Temporal of their goodness and charity, with the assent of the Commons in this present parliament assembled, to ordain and enact by authority of the same, that no person or persons from the feast of St. Michael the Archangel which shall be in the year of Our Lord God 1535 shall keep occupy or have in his possession in his own proper lands, nor in the possession, lands or grounds of any other which he shall have or occupy in farm, nor otherwise have of his own proper cattle in use, possession or property, by any manner of means, fraud, craft or covyn, above the number of 2,000 sheep at one time within any part of this realm of all sorts and kinds, upon pain to lose and forfeit for every sheep that any person or persons shall have or keep above the number limited by this act, 3s. 4d., the one half to the King our Sovereign Lord, and the other half to such person as will sue for the same.... It is also further enacted by authority aforesaid that no manner person after the said feast of the nativity of Our Lord shall receive or take for term of life, years or at will, by indenture, copy of court roll or otherwise, any more houses, tenements of husbandry, whereunto any lands are belonging in town, village, hamlet or tithing within this realm above the number of two such holds or tenements; and that no manner person shall have or occupy any such holds so newly taken to the number of two as is before expressed, except he or they be dwelling within the same parishes where such holds be, upon the pain of forfeiture for every week that he or they shall have, occupy, or take any profits of such holds contrary to this act 3s. 4d., the moiety of which forfeiture to be to the King our Sovereign Lord and the other moiety to the party that will sue for the same.....

16. INTERVENTION OF PRIVY COUNCIL UNDER SOMERSET TO PROTECT TENANTS[263] [_Acts of Privy Council, p. 540_], 1549.

28 June, 1549.

An Order taken upon complaint made to the Lord Protector and other of the King's Majesty's Privy Council for the town of Godmanchester.

First, all and every person within the said town having any more houses of habitation than one in his possession, or any site of a house whereupon a house of habitation hath been with [in] [_blank_] years standing, shall at and before the Feast of St. Michael in the year of our Lord God 1549 let or demise every the said house with the land thereto accustomed, besides one, to a convenient person, if any that shall require, upon the usual rent, and upon every site now having no house of habitation shall before the said Feast of St. Michael in the same year build a house for habitation and thereto allot so much as thereto was heretofore belonging, and the same shall let and demise, if any that will hire, upon the accustomed rent.

Item, every person having converted any house or habitation unto any other use shall before Michaelmas next coming revert to the use of habitation as it was before, and the same shall let to any which that require upon the accustomed rent, and every person forthwith shall for every house of habitation, decayed site of habitation, and for every house of habitation converted to other use during the time of his possession, maintain and keep the King's watch and other common charges of the town in like manner as hath been heretofore of them used.

Item, whereas there is a great number of acres, lately belonging to certain gilds there, it is ordered that the same shall be divided to the inhabitants thereof in this manner; that is to say, to every ploughland 5 acres, and to every cottage or artificer there dwelling, or which hereafter upon the houses to be new builded shall dwell, one acre; and if the number do not extend, then every ploughland 4, and so for lack of that rate every ploughland 3; and the residue of the said acres falling after that rate to be divided amongst the cottages, paying for every of the said acres 3s. 4d. and above.

Item, also whereas there be certain groves of wood destroyed and turned to pasture in the same town, every such grove being so altered shall be by the owner thereof again (having been so altered within this 20 years before Michaelmas next coming) enclosed and preserved for wood, saving so much of the same to be reserved for a high way for the owner as in those cases the like is there used, the same high way to be severed by hedge from the rest of the grove; and where the groves be so destroyed that there remaineth no hope of growth, the owner thereof shall before the next season following meet for the same set it with wood or sow it with acorns or otherwise as the same may best be for growth of wood.

Provided nevertheless if any manner person have converted any house of habitation or any site of habitation to his necessary use about his own house, so that the same should be great inconvenience to be reverted to the first and old use, then in that case the owner shall be discharged if he for every such habitation so altered do build a like house in some other convenient like place, and the same to use to all purposes as before is said of the like.

The bailiffs be commanded to bring their grant by charter to the Lord Protector at All Hallow tide next coming.

For the observation of which orders the bailiffs and others of that town be bound in recognisance before the said Protector and Council.

Henry Frear } Have acknowledged and each of them has
Thomas Trecy } acknowledged that they owe to the Lord
John Clark } the King by themselves 100l. sterling.

Upon condition to perform the articles above mentioned.

[Footnote 263: For Somersets popular agrarian policy, see Pollard, _The Protector Somerset_, and, especially, the introduction to the _Commonwealth of this Realm of England_ (edited by Lamond).]

17. AN ACT FOR THE MAINTENANCE OF HUSBANDRY AND TILLAGE [_39 Eliz. c. 2, Statutes of the Realm, Vol. IV., Part II. pp. 893-96_], 1597-8.

Whereas the strength and flourishing estate of this kingdom hath been always and is greatly upheld and advanced by the maintenance of the plough and tillage, being the occasion of the increase and multiplying of people both for service in the wars and in times of peace, being also a principal means that people are set on work, and thereby withdrawn from idleness, drunkenness, unlawful games and all other lewd practices and conditions of life; and whereas by the same means of tillage and husbandry the greater part of the subjects are preserved from extreme poverty in a competent estate of maintenance and means to live, and the wealth of the realm is kept dispersed and distributed in many hands, where it is more ready to answer all necessary charges for the service of the realm; and whereas also the said husbandry and tillage is a cause that the realm doth more stand upon itself, without depending upon foreign countries either for bringing in of corn in time of scarcity, or for vent and utterance of our own commodities being in over great abundance; and whereas from the 27th year of King Henry VIII of famous memory, until the five and thirtieth year of Her Majesty's most happy reign, there was always in force some law which did ordain a conversion and continuance of a certain quantity and apportion of land in tillage not to be altered; and that in the last parliament held in the said five and thirtieth year of her Majesty's reign, partly by reason of the great plenty and cheapness of grain at that time within this realm, and partly by reason of the imperfection and obscurity of the law made in that case, the same was discontinued; since which time there have grown many more depopulations, by turning tillage into pasture, than at any time for the like number of years heretofore: Be it enacted ... that whereas any lands or grounds at any time since the seventeenth of November in the first year of Her Majesty's reign have been converted to sheep pastures or to the fattening or grazing of cattle, the same lands having been tillable lands, fields or grounds such as have been used in tillage by the space of twelve years together at the least next before such conversion, according to the nature of the soil and course of husbandry used in that part of the country, all such lands and grounds as aforesaid shall, before the first day of May which shall be in the year of Our Lord God 1599, be restored to tillage, or laid for tillage in such sort as the whole ground, according to the nature of that soil and course of husbandry used in that part of the country, be within three years at the least turned to tillage by the occupiers and possessors thereof, and so shall be continued for ever.

And be it further enacted by the authority aforesaid, that all lands and grounds which now are used in tillage or for tillage, having been tillable lands, fields or grounds, such as next before the first day of this present parliament have been by the space of twelve years together at the least used in tillage or for tillage, according to the nature of the soil and course of husbandry used in that part of the country, shall not be converted to any sheep pasture or to the grazing or fattening of cattle by the occupiers or possessors thereof, but shall, according to the nature of that soil and course of husbandry used in that part of the country, continue to be used in tillage or for tillage for corn or grain, and not for waste.... And be it enacted by the authority aforesaid, that if any person or body politic or corporate shall offend against the premises, every such person or body politic or corporate so offending shall lose and forfeit for every acre not restored or not continued as aforesaid, the sum of twenty shillings for every year that he or they so offend; and that the said penalties or forfeitures shall be divided in three equal parts, whereof one third part to be to the Queen's Majesty, her heirs and successors to her and their own use (and) one other third part to the Queen's Majesty, her heirs and successors for relief of the poor in the parish where the offence shall be committed ... and the other third part to such person as will sue for the same in any court of record at Westminster.... Provided also, that this act shall not extend to any counties within this realm of England, but such only as shall be hereafter specified; that is to say, the counties of Northampton, Leicester, Warwick, Buckingham, Bedford, Oxford, Berkshire, the Isle of Wight, Gloucester, Worcester, Nottingham, Hampshire, Wiltshire, Somerset, Dorset, Derby, Rutland, Lincoln, Hereford, Cambridge, Huntingdon, York, Pembroke in South Wales, and the Bishopric of Durham and Northumberland, and the counties of all the cities and corporations lying situate and being within the counties aforesaid, or confining to the same, and the Ainsty of the county of the city of York.

18. SPEECH IN HOUSE OF COMMONS ON ENCLOSURES [_Hist. MSS. Com. MSS. of Marquis of Salisbury, Part VII, pp. 541-3_], 1597[264].