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The Inquisition of 1517. Inclosures and Evictions Author(S): I The Inquisition of 1517. Inclosures and Evictions Author(s): I. S. Leadam Source: Transactions of the Royal Historical Society, Vol. 6 (1892), pp. 167-314 Published by: Cambridge University Press on behalf of the Royal Historical Society Stable URL: http://www.jstor.org/stable/3678195 Accessed: 27-06-2016 07:26 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Cambridge University Press, Royal Historical Society are collaborating with JSTOR to digitize, preserve and extend access to Transactions of the Royal Historical Society This content downloaded from 131.247.112.3 on Mon, 27 Jun 2016 07:26:06 UTC All use subject to http://about.jstor.org/terms I67 THE INQUISITION OF I517. INCLOSURES AND EVICTIONS. EDITED FROM THE LANSDOWNE MS. I. I53. BY I. S. LEADAM, M.A. PART I. INTRODUCTION. Professor Ashley on 'The Character of Villein tenure,' and its Relation to Inclosure-Inherent Improbabilities of Professor Ashley's Theory: (I) From the Yorkist Position; (2) From the Tudor Policy; (3) From Absence of Evidence-The Acts of 1488 and 1515 for Restraint of Inclo- sures-Limits of the Commission of I517-The Returns of the Record Office and of the Lansdowne MS.-Illustrations-Areas embraced in Re- turns-Absence of Uniformity in Returns. Examples. Inclosures: (i) By Tenants; (2) By Landlords-Characteristics of the Returns for the Different Counties--Sympathetic Description of Evictions-Boldness and Impartiality of the Commissioners-The Commissioners call Attention to the Losses of Tenants by Inclosure-Legal Position of Persons concerned mentioned in Yorkshire, where Persons evicted clearly not Copyholders-Indications of Tenure in Herefordshire, Hants, and Norfolk. No Sign of Evictions of Copyholders-Inclosures of Demesne Lands by Farming Tenants, with and without Evictions--Inclosures by Lords with Evictions-Inclosures by Copy. holders-What Class of Tenants were evicted ? The Evidence supplied by the Herefordshire Returns-The Persons so described Tenants at Will at Common Law-The Gloucestershire Cases of Evictions of Copyholders-The Commissioners' View of the Duke of Buckingham's Proceedings-Report of the Surveyors of the Duke of Buckingham's Estates. His Expropriations of Freeholders-The Duke of Buckingham's Arbitrary Conduct a Cause of his Ruin-Corroborative Evidence derived from the Statutes that the Persons evicted were not Copyholders. Coke's Statements as to the Security of Copyholders in his Day-Professor Ashley's Views upon this-Confusion of Writers upon the Subject of Copy- hold Tenure. Copyholders, Pure Villeins, Villeins Regardant and in Gross. Fitzherbert and Smith on the latter-Servi of Domesday. Villeins in Gross- Horne's Description of Nayfs-Naifty and Pure Villenage. Its Characteristic; Liability to Uncertain Services-The Divisions of a Manor. The Waste Lands-The Divisions of the Demesne, Bord Land, Inland, and Upland. Tenure ad voluntatem '-The Conditions necessary to Tenure strictly 'ad voluntatem ': I) Demesne; (2) Villenage of Blood. Customary Lands held by This content downloaded from 131.247.112.3 on Mon, 27 Jun 2016 07:26:06 UTC All use subject to http://about.jstor.org/terms I68 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY (i) Villeins; (2) Freemen. Liberi Tenentes-Britton's Definition of Villenage. Pure Villeins in Ancient Demesne-Tenants in Ancient Demesne-Horne's Differentia of Villenage. Possession of Property-Laws of William the Con- queror as to Villeins-Distinction maintained in Laws of William the Con- queror between Villeins and Nayfs-The Distinctions between Villeins and Nayfs-The Absence of Reciprocity between Status and Tenure stimulated Transition from Demesne to Customary Land. Terra Assisa--Demesne Lands jobbed away by Guardians in Chivalry-Certain Legal Inft rences of Status from Tenure-Extent to which the Law Courts carried these Presumptions- Bacon's Appreciation of the Extent to which Status affected Tenure-The Verge. Its Real Significance. Britton's Evidence-The Verge and Villeins of Ancient Demesne-The Distinction maintained between the two sorts of Villein-tenure-Customary Tenants. Fitzherbert identifies Copyholders and Bond, and all as Tenants in Villenage -Fitzherbert's Views dominated by his Views on Agricultural Inclosure-Criticisms of Elizabethan Lawyers upon Fitzherbert's Identification. Calthrope-Coke's Criticism of Fitzherbert. Antiquity of Term ' Customary Tenants '-Customary Land = Land holden in Villtnage. Customary Land held by ' Nativi'-Evidence that these were protected while they rendered their Services. Fealty, Fitz- herbert, Littleton, Coke, Stubbs-Case in Year-book, 1358-9-Other Evidence. Case to the contrary alleged by Professor Ashley at Ciren- cester considered-Reason why Villeins by Blood holding in Villenage were still distinguished as 'Nativi.' Villein services-Villeins ratione sangui- nis liable for Tallages and for Villein Services. Fleta. Moderation of Tallages enjoined-Hence retention of the Phrase 'ad voluntatem.' Its Absence = Frank Tenure -The words ' secundum consuetudinem manerii.' Why Introduced-' Ad voluntatem' at Common Law distinguished from 'ad voluntatem' on Customary Holdings. Littleton's Statement that ' ad voluntatem ' is compatible with an Estate of Inheritance-Influence of Ancient Demesne upon the Manorial System-Unfounded Claims of Tenancy in Ancient Demesne-Commutation of Services common on Crown Manors. Also on Ecclesiastical-Commutation of Services and the Pestilences of the Fourteenth Century-Indications of Demand for Labour and Cheapness of Land -Enrolment on the Court Rolls one of the Consequences. Advantage to the Tenants. Admission to Customary Land-In theory originally a Concession by the Lord. Legal Inference as to this Concession-The Common Law in Littleton's time affected to recognise only the Rights of the Freeholder. In effect, the Common Law did assist the Copyholder. Changes in the Doctrine of the Common Law-Intervention of Chancery. Coke's Account of the Consti- tution of Customary Courts-Coke's Account unhistorical. The Tenants anciently the Judges of the Courts. Evidence of this-The Functions of the ' Suitors' of the Manorial Courts-The Composition of the Customary Courts. Courts Baron and Customary Courts-The Doctrine that Free- holders were necessary to a Manor. Freeholders and Courts Baron. Decay of Courts Baron-The Place of Freeholders in Customary Courts-Evi- dence from Kitchyn and Littleton-The Customary Courts and the Im- provement in the Position of Copyholders-The Crown led the Way in the Equitable Treatment of Villeins-Action of the Court of Chancery lte,ip. This content downloaded from 131.247.112.3 on Mon, 27 Jun 2016 07:26:06 UTC All use subject to http://about.jstor.org/terms THE INQUISITION OF I 517 I69 Richard II. Protests of Parliament-The Extension of Chancery Jurisdic- tion temp. Richard II. to Edward IV.-Littleton on the Rights of Copy- holders against their Lords-The Learning as to the Rights of Copyholders against their Lords prior to the time of Littleton-The two Cases upon a Copyholder's Common Law Rights against his Lord cited in Littleton, temp. Edward IV.-The case 7 Edward IV. (1467) considered--Danby, C. J., on Petition and Remedies in Chancery-The Common Law Action of Trespass not a Possessory Action, but an Additional Remedy-Bacon's Summary of the History of Copyholders' Remedies-The Case 21 Edward IV. considered. Dictum of Brian, C. J.-The Judgment of Brian, C. J.-Early Settlement of the Law as to Copyholders' Remedies-Consideration of a Case heard in I 505 on the Rights of Copyholders-Modes of Oppression of Copyholders. Fines. Law of William the Conqueror as to Villein's Relief-Villein's Relief as fixed by early Lawyers. Custom and the succession of Heirs to Copyhold. Case temp. Elizabeth considered-Refusal of Admittance to Heir and Subpoena. The Law as to Fines. ' Reasonable' Fines-The Assessment of Fines- Fines and ' Nativi' holding Customary Land. Example in Manor of Castle Combe-Common Law Remedies for Tenants in Ancient Demesne -Objection that the Legal Protection for Copyholdlers was not really available, considered- Evidence of the Continuity of Copyholders' Families on Manors-The Wastes of the Manor. Doctrine established by Statutes of Merton and Westminster- Tenants both of Demesne and Wastes unprotected, save in the case of Lease- holders-Fitzherbert's Book on Surveying speaks of Inclosures as made of Demesnes or Wastes-Fitzherbert's Language as to Oppression of Tenants confined to Tenancies of Demesnes and Wastes -Tendency of Landlords to oppress Copyholders - Endeavours to modify Copyhold Tenure to the Advantage of the Lords. General want of Success-The Copyhold Tenure the Desire of the Northern Insurgents in 1536-7-Summary of the Results of this Inquiry. 1THE hundred years dating from the middle of the fifteenth century witnessed the rise and development of the greatest of those agricultural revolutions which have in successive ages swept over this country. This was the transition from arable to pasture farming, by which an industry, before that time regarded as a source of sustenance, acquired commercial importance, and began to be prosecuted upon a wholesale scale for the profit of the capitalist and the landowner. During the first decade of the fifteenth century wool was com- manding an enormous price. For this the agricultural and I This essay was in print before I had seen the recent masterly work on Villainage in England, by Professor Vinogradoff. I am, of course, only con- cerned with villenage so far as what we know of it throws light upon copyhold tenure and on the security enjoyed by copyhold tenants. It will be seen that I do not altogether concur with Professor Vinogradoff in his view of the legal position of villeins.
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