The Agrarian Problem in the Sixteenth Century

Appendix I — (I)

[Letter From a Bailiff, Illustrating the Relations Between Farmer and Lord, and Difficulties With Freeholders]

Merton MSS., No. 4381

Good Sir lett me intreat you yf the colledge determyne to make survay this springe of the lands at Kibworth and Barkby to send Mr. Kay or me word a month or 3 weeks before your coming that we may have Beare and other necessaries. And I desire you to gather up all evidences that may be needful for ye Lordshipp, for all testimony will be little enough, the colledge land is soo mingled with Mr. Pochin’s frehold and others in our towne. There is an awarde for the keepinge in of the old wol close in our ffields for [from?] Mr. Pochin’s occupation, very needefulle for the ynhabitants yf that awarde can be founde at the colledge where yt was loste.

The composition betwixt Mr. Stanford and the towne wold we very gladly see, yt is for tythe willows and partinge grasse, wee thinke that they challenge more than of right they should have. I pray you gather upp what evidence you can for the rents due to the college out of [?], for when some of them are denied I know not where to distraine for them.

I pray you also give order that the evidences may be sought up for the lands lyinge in Barkby Thorpend alias Thurmaston in our parish and parcell of our lordship of the rent per ann. 3/4d. as alsoe the evidences of Peppers frehold rent per annum 1d. This rent is denied and not paidd this 20 yeares, and I cannot learne where I should distraine for the same, neither will he pay it unlesse he may knowe for what he payeth the same; he is towards the land [?], and his frehold lyeth in Thurmaston ut supra. And soe with remembrance of my duty desiringe you to pardon my breach of promise for the lease at last Michaelmas, and I hope before this yeare be ended to be as good as my worde, yf it will please you and the company to spare me with your favours untill then, ffor God is my judge I did not breake my promise wilfully nor willingly, but necessity hath noe law. I have lost this su[=m]er 6 horses and was forced to buy in these for my carte. Day [?] groweth scant, therefore I must spare to write, only hoping and desiringe your favour at this tyme I humbly take my leave and rest as I have ever beene your wo^ps at commandment. Henry Sayer.

Barkby, February 26^th, 1608.

To the w^ll his very singular
ffriend Mr. Brent subwarden
at Merton College in Oxon.

(Ii)

[In Illustration of Manorial Customs, cf. pp. 124–131 and 297–301.]

Manor of Aldeburgh, R.O., Misc. Bks., Treas. Of Receipt, Vol. 163, Henry VIII

The said Manor has one lete by the year... and hath also the Court from 3 weeks to 3 weeks called the 3 weeks Court.

Item.—Every tenant payeth for a cottage ground not buylded if it conteyn 80 ft. every way
Item.—Every tenant payeth for a cottage ground not
buylded if it conteyn 80 ft. every way 1d.
Item.—Every tenant payeth for half a cottage which
is 40 ft. every way ½d.
Item.—For every curtilage containing 40 ft. or under ½d
Item.—For every fyne of every cotage buylded 2/-
Item.—For every fyne of every cotage ground unbuilded 1/-
Item.—Every tenant that taketh any cotage ground to
build upon if he build not within three years he
forfeiteth the ground by him taken.
Item.—Every tenant having a cotage or parcel of a cotage
wherein any tenant dwelleth and keepeth a fire,
they owe to pay for the same a Russhe hen or
else 2d. which is for the rushes that they
gather upon the lord’s common there.
Item.—If 2 tenants dwell in one house having 2 severall
rooms in the same they to pay yearlie 2 rush
hennes or 4d. for them.
Item.—Every freeholder having by copy any arable land
or pasture ground in the field payeth yearly
for the same at terms accustomed the rent of
old time due at [Michaelmas & Easter] by even
porcions; and for all fines cessed upon the
tenaunts for land in the fields is at the will of
the lord, as well at the alienations made as at
the death of any tenant.
Item.—The tenants and copyholders shall do no waste
upon the lord’s common ne otherwise upon pain
of forfeiture of their tenements.
Item.—All the freeholders shall [pay] double their rent
at every death or alienation made, as relief.
Item.—Certain freeholders and copyholders pay heriot
after the death of any tenant.
Item.—Neither the freeholders nor copyholders shall not
surcharge the lord’s comon but to keep after
the rate of his tenure. If he otherwise do he
shall be amerced.
Item.—No man shall encroche on lord’s lands on pain of
forfeiture of his tenure.
Item.—Every boat going to the sea on fishing and having
4 men therein payeth yearly to the lord 8d.,
and 6 men 12d., and so after the rate, for
each man 2d., which is by a late composition.
Item.—There is a service paid by certain tenants there
called Oryell, which is for the liberty of the
common that tenants have in the said lordship.
Item.—The lords of Aldeburgh have the moietie of all
wreck of the sea being cast on land or found
near the shore within the limits of the same
lordship, and the finder thereof hath the other
half.

(Iii)

[In Illustration of the Peasants’ Grievances]

Holkham MSS., Fulmordeston MSS., Bdle. 6

To the Right Honble. Sir Edward Cooke, Knight, Attorney-Generall unto the King’s Ma^tie.

Humblie sheweth unto your good lord yo^r poore and dayley orators Thomas Ffawcett, Thomas Humphry, and Nicolas Farnes [?] yo^r worshippes tenants of the Manor of Ffulmordeston cum Croxton in the Duchie of Lancaster and the moste parte of the tenants of the same Manor that whereas yo^r said orators in the Hillary Term laste commenced suite in the Duchie Courte against Thomas Odbert and Roger Salisbury, Gent., who have enclosed their grounds contrary to the custom of the Manor, whereby your wor. loseth your shack due out of those grounds, common lane or way for passengers is stopped up, and your worshippes poore orators lose their accustomed shack in those grounds, and the said Roger Salisbury taketh also the whole benefit of theire comons from them, keepinge there his sheepe in grasinge and debarringe them of their libertie there which for comon right belongeth unto them:—

Which suite and controversie, forasmuch as the same manor is nowe come unto your lordshippe’s hands by his most excellent Ma^ties gracious disposinge thereof, youre poore oratours thought it theire duty to impart and lay open unto your wor^pp, and doe most humblie pray and beseech your wor^pp that they may have your lawfull favour herein for the furtherance of their proceedings in this theire suite of lawe, so that the greatness of the said parties adversant unto them, on which they much relie, may not be the more strengthened by your worship’s favour, whereby your poore orators may have and enjoy theire former liberties in peace, and be the better able to maintaine themselves in their callings rights and dueties which unto your wor. is belonging and due uppon their Tenures in the saide Mannor.

And according to theire bounden duety your sayde poor orators shall dayly pray to God for your wor. in all encrease of prosperitie and worshippe long to continew.

21 Aug. 1604.

I have considered of this peticion, and seeinge I am lord of the mannor I will do my best endeavour upon hearing of both parties to end the controversie and the defend^ts need not appeare nor the cause to proceed in the duchy.

Edw. Coke.

(Iv)

[In Illustration of the Peasants’ Grievances]

S. P. Dom. Charles I. Vol. 151, No. 38

To the Kings most Excellent Ma^tie.

The humble peticoɳ of yo^r Ma^te poore and distressed Tennants of yo^r Mannor of North Wheatley in the Countie of Nottingham belonging to yo^r Ma^ties Duchie of Lancaster.

Most humbly shewing. That yo^r poore Subiects have tyme out of mynd byn Coppieholders of lands of inheritaunce to them and their heires for ever of the Mannor aforesaid, and paid for every Oxgang of land xvj^s viijđ rent, and paid heretofore vpon every Alienacoɳ xijđ for every Oxgang, but nowe of late, about 4⁰ Jacobi by an order of the Duchie Court they paie ij^s s vj^d d vpon euery Alienacoɳ for every acre, w^ch amounteth nowe to 45^s an Oxgang.

And whereas some of yo^r Tennants of the said Mannor have heretofore held and doe nowe hold certayne Oxganges of lands belonging to the said Manor by Coppie from xxj yeres to xxj yeares, and have paid for the same vpon eⱱy Coppy ij^s, and for every Oxgang xvj^s viij^d ᵱ Anɳ; they nowe of late by an order in the Duchie Court hold the same by lease vnder the Duchie Seale, and paie vj^li xiij^s iiij^d for a Fyne vpon every lease and xvj^s viij^d rent w^th an increase of vj^s viij^d more towards yo^r Ma^ties prouision.

And whereas in 11⁰ Edw: 4⁰ yo^r petic[o~n]ers did by Copy of Court Roll hold the demeanes of the said Mannor for tearme of yeres att ix^li vj^s viij^d ᵱ anɳ, they afterwards in 6⁰ Eliz: held the same demeanes by lease vnder the seale of the duchie for xxj yeares, att the like rent; and Tenne yeres before their lease was expired, they ymployed one M^r Markham in trust to gett their lease renewed, whoe procured a newe lease of the demeanes in his owne name for xxj yeres att the old rent, and afterwards contrary to the trust Comitted to him increased and raised the rent thereof vpon the Tenants to his owne privat benefitt to 56^li ᵱ annư.

And whereas the woods belonging to the said Mannor hath within the memory of Man byn the only Co[~m]on belonging to the said Towne, paying yerelie for the herbage and pannage thereof vj^s viijđ, they nowe alsoe hold the same vnder the Duchie Seale att xvj^li li xvj^s ijđ ᵱ annư.

And whereas the Court Rolls and Records of the said Mannor, have alwaies heretofore byn kept vnder severall Locks and Keys, whereof yo^r Ma^ts Stewards have kepte one key and yo^r Ma^ties Tennant (in regard it Concerned their ᵱticuler inheritances) have kept an other keye. But nowe they are att the pleasure of the Stewards and Officers transported from place to place, and the nowe purchasers doe demaund the Custody of them, w^ch may be most preiudiciall to yo^r Ma^te poore Tennants.

Now for asmuch as yo^r Matie: hath byn pleased to sell the said Mannor vnto the Cittie of London, whoe have sold the same vnto M^r John Cartwright and M^r Tho: Brudnell gent: And for that yo^r peticon͠ers and Tennants there (beinge in nomber Two hundred poore men, and there being xj of yo^r Ma^te Tennants there that beare Armes for the defence of yo^r Ma^te Realme, and xij that paie yo^r Ma^tie Subsidies fifteens and Loanes) are all nowe like to be vtterlie vndon, in Case the said M^r Cartwright and M^r Brudnell should (as they saie they will) take awaie from yo^r Tennants the said demeanes and woods after thexpiracoɳ of their leases, and that yo^r poore Tennants should be left to the wills of the purchasers for their Fynes, or that the Records and Court rowles should not be kept as in former tymes in some private place, where the purchasers and Tennants maie both have the custody and viewe of them as occasion shall serve.

Maie it therefore please yo^r Sacred Maj^tie That such order may be taken in the premisses for the reliefe of yo^r poore Tennants of the Mannor aforesaid That they maie not be dispossessed of the demeanes and leases, and that they may knowe the Certayntie of their Fynes for the Coppieholds demeanes and leases and maie have the Court Rolls & Records safely kepte as formerly they have byn. And that yo^r Ma^tie wilbe further pleased to referr the Consideracoɳ hearing, ordering and determynacoɳ of the premisses vnto such Noble men, or other 4 gent: of esteeme in the Country whome yo^r Ma^tie shalbe pleased to appoint, that are neighbours vnto yo^r Ten^ãnts, and doe best knowe their estate & greevances. That they or any two or three of them may take such order, and soe Cettell the busynes betweene the purchasers & yo^r poore Tennants, as they in their wisdoms and discressions shall judge to be reasonable and fitting, or to Certifie yo^r Ma^tie howe they fynd the same, and in whose defalt it is they cannot determyne thereof. And yo^r poore Tenn͠ts as in all humble dutie bound will daielie pray for yo^r Ma^tie.

Whitehall this 10 of Novemb^r 1629.

His Ma[~] is graciously pleased to referre the consideration of this request to the Co[~m]ission^rs for sale of his lands, that vpon the report vnto his Ma[~] of their opinion and advise his Ma[~] may give further order therein. Dorchester.

[Endorsed.] Divers Tenants of his Ma^te mañor of North Wheatley
in the Countie of Nottingham.

(V)

[Paper on the Evils of Enclosure, by an Applicant for Government Employment]

S. P. Dom. Charles I. Vol. 206, No. 70

Right Ho^le

Uppon the ix^th of July and also the 23^d of Septemb^r I deliⱱd petitions vnto yo^r Lo^pp desireinge to shew y^e great hurt y^t ys done to his Ma^tie & y^e land by inclosiers w^ch decay tillage, & depopulate townes in ye best naturall corne countryes, w^ch affore supplyed the wants of others every way beinge in y^e middle of y^e land, for yt their is dearths vppon any vnseasonable seedes tyme or springe, and is a great cause of decayinge of trades and vndoeinge many thousands w^ch before lived well & now for want of Imployment & dearth of corne, y^er is multitudes of poor & vagrants complayninge of their miseryes; and are dangerous to y^e peacable state of y^e land, by y^er desire of troubles to revenge them selves. Ye know what lamentable broyles & bloodshedinges were betwixt ye gileadites & ephramites & Israelites & benjamites for ye levits wife & Abia & Jeroboam & Ahay & Peka where was slaine above 700,000 men of warr & many of other sorts, w^ch was more crewell then by any foraigne enymyes, & wee have incrochinge enemyes y^t would take y^er advantage vppon such opertunytyes as y^ei did when y^e leaguers in France made warrs against theire Kinge... for many are of oppinyon that ye Kinges Ma^tie nor ye lordes doe not truly vnderstand ye secret mischief es w^ch is done by covetous men by ye cuninge misterie of depopulation nor ye oppressions and causes of dearthes and poverty nor know y^e readyest waye for remedyes, y^et beinge as unacquainted in tyllage & husbandrye as in other arts: as appeared by y^e booke of orders y^e last yere w^ch shewed that his Ma^tie and the lordes had a good desire to remedy the dearth but y^e corn masters & malsters &c. used such closse dealinges y^t y^e dearth was worse as y^e like in former tymes: soe that no orders will ease dearthes but by causeing more tyllage & y^t would make plenty & then every man will sell willinglye....

Also many are much deceived by inclosier because there are countries are enclosed & be rich, but these were inclosed when there were but few people & these maintain tyllage husbandry & hospitallyty & sett people on work & have tenements for labourers, these are lyable to musters & all services requirable for ye Kinge & country & taxes & charitable collections but y^e depopulators in ye champian countryes destroy all meanes of doeinge help or servise for ye Kinge & country what neede soever come.

And although this was the fruitfullest somer that was in many yeares, yet corne holds almost duble price to that which most men expected, because rich men will sell but litle corne before they see the strength of May past & if corne does not prosper then they will keep it expecting a dearth the next yere. Another cause is that all men see how tyllag is yearly decayed in the best champian countryes & people & drunknes increased & no hope of remedy because of y^e inyquity of y^e tyme & gentlemen & other have great friends & favour & may doe what they list. And maltsters & ingrossers buy corn as fast as they can, & doe use wayes to have it brought home what lawes or orders to the contrary expectinge a dearth if ye next spring prove not very fruitfull. And if his Ma^ty & ye lords doe not take some speedy course to cause more tyllage there beinge good ground enough before wete seeds tymes come, then will dearth ensue. And yⁿ ye poore hungry people may cry... where ys corne; And yⁿ it will be too late to remedy dearths by any lawes or orders. And now it might be done there beinge aboundance of old resty fatt ground in y^e champian countryes which if it were plowed & sowne w^t corne, no wett seeds tyme could hurt it soe that they would yield corne to supply all wants beinge in y^e midle of y^e land my lord if you please to give me leave I will give you y^e names of many decayed townes in ye counties of Leic^s & Northampt, &c., and who decayed them & now the Lord hath swept away y^e inclosiers & their posterity out of all & strangers have their houses & pastures. And my desire is y^t yo^r Lo^p might be acquainted with y^e country dissorders & the remydes to reforme y^e evills and then ye may better judge of them & acquaint his Ma^tie & y^e lords, that by his & their good directions, we shall have plenty and bring much more to his ma^ties treasures & the whole land....

Also I doe humbly intreate yo^r Lo^ps favor to let me shew how there may be ymploym^t for people & wealth to ye Kinge & ye Kingdome & plenty & cheapnes & have ingrossers frustrated of their game & have lesse wast of corne in ale & beer & less sinninge: & lesse dangers & soe ye lorde keepe you: w^th my humble sute, to accept of my poore desires for ye deede, with my attendance vpon your Lop^s pleasure.

Your Lop^s to Co[~m]and

[Endorsed:—] Richard Sandes.

Sandes touching Indigence.

(Vi)

[In Illustration of Action Against Enclosures by Justices]

S. P. Dom. Charles I. Vol. 185, No. 86

Most Honor^ble

Wee have caused a view to bee made according to yo^r Lo^ps Late Lr[~e]s of all Inclosures and conv^rsions of Arrable Land to meadow and pasture, w^ch are now in hand or haue beene made w^thin two yeares Last past, And wee haue signifyed yo^r Lo^ps direc[c~o]ns vnto such ᵱsons as are causers of any such Inclosures & Conⱱtions and have given them notice that they ought not to ᵱcede w^th hedgeing or dytchinge in of any such grounds but to Let them so rest vntill wee shall have furder orders from yo^r: hon^ors: And wee further conceaue that if depopula[c~o]ns may bee reformed it will bring a great good to the whole Kingƌ: for where houses are pulled downe the People are forced to seeke new habitations. In other townes & cuntryes by meanes whereof those Townes where they get a setling are pestred so as they are hardly able to live one by an other, and it is likewise the cause of erecting new Cottages vppon the wasts and other places who are not able to releive themselves nor any such townes able to sustaine or set them on worke w^ch Causes Rogues & vagabonds to encrease. Moreover it doth appeare that in those townes w^ch are depopulated the People being expelled There are few or none Left to serve the King when Souldjours are to bee lodged to appeare at Musters for his Ma^te seruice w^ch is also a cause that poore Townes where many people are, are put to greater charg in setting forth of souldjours & depopulated Townes are much eased and the Subsidie decayed. All w^ch wee humbly submit to yo^r Lo^ps great wisdome. And will eⱱ rest.

At yo^r hon^ble service humbly to bee comaunded Fran: Thornhagh Ro: Sutton vic. Wee doe herew^th Matth Palmer ᵱsent vnto yo^r W. Cooper Gervas Fevery Hon^rs the names of Tym: Pilsy Gilƀt Millington all such as have Wil̴l Coke Will Moseley made any Inclosures Jo: Woods or conⱱsions w^th in two yeares Last past or that were in hand to make the same. [Addressed:] To the right hon^ble the Lords of his Mat^s hon^ble Privy Counsell humbly present these. [Endorsed:] Feb. 1630. From the County of Nottingham touching Inclosures. The inconveniencies of Depopulation. [No Enclosures]

[This letter is printed by Miss Leonard, Trans. Royal Hist. Soc., New Series, vol. xix. She refers it to Norfolk, which is apparently a mistake.]

(Vii)

[In Illustration of Action Against Enclosures by Justices]

S. P. Dom. Charles I. Vol. 206, No. 71

Lincoln

An abstract of such depopulators as have bene hetherto dealt withall in Lincolnshyre, & receyued their pardon.

The persons in number	9
The som̃e of their fynes	300l
The number of houses by bond to bee erected	33
The tyme for the ereccoɳ within one yere.
The number of farmes to be contynued that are now standing	22
The fynes are already payd.

Sir Charles Hussey Kn^t. Fyne, 80ɫ. Bond of 200 ᶆkes, w^th Condicoɳ
to sett up in Homingtoɳ 8 farmhouses w^th Barnes &c. and
to lay to eⱱye house 30 acres of land, and to keepe 10 acres
thereof yearlye in tyllage.

S^r Henry Ayscough Knt. Fyne, 20ɫ.
Bond 200 ᶆkes. To sett vp 8 farmhouses in Blibroughe
w^th 30 acres to eⱱy farme, and 12 thereof to be kept
yearlie in tylthe.

S^r Hamond Whichcoote Knt. Fyne, 40ɫ.
Bond 200 ᶆkes. To set up 8 farmhouses &c. in Harpswell,
w^th 40 acres to eưy house; and 16 thereof in
tyllage.

S^r Edward Carre Kt. Fyne, 30ɫ.
Bond 100ɫ. To sett vp 2 Farmhouses in Branswell, and
1 in Aswarby w^th 40 acres to eưy house, 16 in tyllage.

S^r Willᶆaye, Kn^t. Fyne, 30ɫ.
Bond 100ɫ. To sett up in Graynesby 2 farmhouses w^th 2
acres at least to either, 10 in tyllage & to contynue 2
farmes more in Grainsby & 3 in Newbell & Longworth,
w^th the same quantity, as is now used them, a third ᵱte
in tylthe.

S^r Edmund Bussye K^t. Fyne, 10ɫ.
Bond 100ɫ. To set vp one farmhouse in Thorpe w^th 40
acres, 14 thereof in tyllage, And to contynue 14 farmes
in Hedor, Oseby, Aseby, & Thorpe, as they now are, w^th a
third ᵱte in tyllage.

Richard Roseto^r Esq^r. Fyne, 10ɫ.
Bond 50ɫ. To set vp one farme in Lymber w^th 40 acres,
16 in tyllage, and to continewe 1 farme in Limber, and 2
in Sereby, vt sup^a.

Robert Tirwhilt Esq^r. Fyne, 10ɫ. Bond 50ɫ.
To set vp one farme in Camtringt^aun w^th 40 acres. 16 in
tyllage.

John Fredway gent. Fyne, 10ɫ. Bond 40ɫ.
To set up one farme in Gelson w^th 30 acres, 10 thereof in
tyllage.

[Endorsed:] Lincolɳ Depopulatoɽ Fyned & pardoned and the
reformacons to bee made.

[No date]

(Viii)

[Complaints Concerning the Procedure of Archbishop Laud in Dealing With Enclosures]

S. P. Dom. Charles I. Vol. 499, No. 10

That vpon the Commission of enquiry after depopulacoñ The Lord Archbishopp of Canȶ and other the Commissioners at the solicitacoñ of Tho: Hussey gent. did direct a leɽ nature of a Coᶆission to certain persons w^th in the County of Wilts to certifie what number of Acres in South Marston in the ᵱish of Highworth were converted from arable to pasture and what number of ploughes were laid downe &c.

Wherevpon the Archdeacon with two others did retourne Certificate, to the Lord Archbishopp &c.

Upon this Certificate, M^r Anth: Hungerford, M^r Southby with 15 others were convented before his Grace and the other Commissioners at the Councell Board, where being charged with Conversion.

M^r Anth: Hungerford & M^r Southby with some others did averre that they had made noe conversion, other then they had when they came to be owners thereof.

His Grace said that they were to looke noe further then to the owners, And Certificate was retourned that soe many Acres were converted and soe many ploughes let downe.

They alladged that this Certificate was false & made without their privity, and therefore M^r Hungerford in the behalfe of the rest did desire that they might not be iudged upon that Certificate. But that they might haue the like favour as M^r Hussey had, to have Ceɽf the same nature directed to other Commissioners, or a Commission if it might be granted to examine vpon oath whereby the trueth might better appeare.

His Grace replyed to M^r Hungerford since you desire it & are soe earnest for it you shall not have it.

They did offer to make prove that since the conversion there were more habitacoɳs of men of ability & fewer poore. And that whereas the King had before 4 or 5 souldiers of the Trayned Band he had nowe 9 there. That the Impropriacoɳ was much better to be lett.

His Grace said to the rest of the Lords, wee must deale with these genȶ as with those of Tedbury to take 150ɫ fine, and to lay open the inclosures.

Which they refusing to doe they were there threatned with an informacoɳ to be brought ag^t them in the Starrchamƀ And accordingly were within a shorte tyme after by the said M^r Hussey served with sub penas at M^r Attorney his suite in the Starr chamber: And this as M^r Hussey told M^r Hungf^d was done by my Lo: Archbp his command.

[Endorsed:] Depopulation—M^r Hungerford & M^r Southby [1641].