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The History of Landholding in England

Published online by Cambridge University Press:  12 February 2009

Joseph Fisher Esq.
Affiliation:
Fellow of the Royal Historical Society

Extract

I Do not propose to enter upon the system of landholding in Scotland or Ireland, which appears to me to bear the stamp of the Celtic origin of the people, and which was preserved in Ireland long after it had disappeared in other European countries formerly inhabited by the Celts. That ancient race may be regarded as the original settlers of a large portion of the European continent, and its land system possesses a re-markable affinity to that of the Slavonic, the Hindoo, and even the New Zealand races. It was originally Patriarchal, and then Tribal, and was Communistic in its character.

Type
Research Article
Copyright
Copyright © Royal Historical Society 1876

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References

page 113 note * This is a Teutonic, not an Anglo-Saxon term, the Anglo-Saxon word is Thane.

page 119 note * “LV.—De Chartilari seu Feudorum jure et Ingenuorum immunitate. Volume etiam ac firmiter præcipimus et concedimus ut omnes liberi homines totius Monarchiæ regni nostri prsedicti habeant et teneant terras suas et possessiones suas bene et in paci, liberi ab omni. Exactione iniusta et ab omni Tallagio: Ita quod nihil ab eis exigatur vel capiatur nisi seruicum suum liberum quod de iure nobis facere debent et facere tenentur et prout statutuni est eis et illis a nobis datum et concessum iure hæreditario imperpetuum per commune consilium totius regni nostri pæedicti.”

page 126 note * The laws of William are given in a work entitled “Eadmeri Monachi Cantuariensis Historia Novorum Sine Sui Sæculi.” It includes the reigns of Williams I. and II., and Henry I., from 1066 to 1122, and is edited by John Selden. Page 173 has the following:

”De fide et obsequio ergu Regnum.

“ Statuimus etiam ut omius liberi homines foedere et Sacramento affirment quod intra et extra universum regnum Angliæ (quod olim vocabatur regnum Britanniæ) Willielmo suo domino fideles esse volunt, terras et honores illius fidelitate ubique servare cum eo et contra inimicos et alienigenas defendere.”

page 160 note * See 4 Henry VII., cap. 19, ante, p. 146, where the same expression occurs, showing that it was throwing the land out of tilth that occasioned pauperism.

page 161 note * The following tables of the Acts passed against eviction, and enacting the support of the poor, show that they were contemporaneous:

page 167 note * Geoffrey King thus classifies the land of England and Wales:

page 176 note * The agricultural returns of the United Kingdom show that 50½ per cent, of the arable land was under pasture, 24 per cent, under grain, 12 per cent, under green crops and bare fallow, and 13 per cent, under clover. The rotation would, therefore, be somewhat in this fashion: Nearly one-fourth of the land in tillage, is under a manured crop or fallow, one-fourth under wheat, one-fourth under clover, and one-fourth under barley, oats, etc., the succession being, first year, the manured crop; next year, wheat; third year, clover; fourth, barley or oats; and soon.

page 178 note * The land of England and Wales in 1696 and 1874 was classified as follows:

The estimate of 1696 may be corrected by lessening the quantity of waste land, and thus bringing the total to correspond with the extent ascertained by actual survey, but it shows a decrease in the extent under grain of nearly two million acres, and an increase in the area applicable to cattle of nearly 8,000,000 acres; yet there is a decrease in the number of cattle, though an increase in sheep. The returns are as follows:

page 180 note * A BILL TO ENCOURAGE THE OUTLAY OF MONEY UPON LAND FOR AGRICULTURAL PURPOSES.

Whereas it is expedient to encourage occupiers of land to expend money thereon, in building, drainage, and other similar improvements; and whereas the existing laws do not give the tenants or occupiers any sufficient security for such outlay: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in Parliament assembled, and by the authority of the same:

1. That all outlay upon land for the purpose of rendering it more productive and all outlay upon buildings for the accommodation of those engaged in tilling or working the same, or for domestic animals of any sort, be, and the same is hereby deemed to be, an outlay of a public nature.

2. That the clauses of “The Land Clauses Consolidation Act 1845,” “with respect to the purchase of lands by agreement,” and “with respect to the pur-chase and taking of lands otherwise than by agreement,” and “with respect to the purchase money or compensation coming to parties having limited interests, or prevented from entering, or not making title,” shall be, and they are hereby incorporated with this Act.

3. That every tenant or occupier who has for the past five years been in possession of any land, tenements, or hereditaments, shall be considered “a promoter of the undertaking within the meaning of the said recited Act, and shall be entitled to purchase the lands which he has so occupied, ‘either by agreement’ ‘or otherwise than by agreement,’ as provided in the said recited Act.”

Then follow some details which it is unnecessary to recite here.

page 182 note * A Parliamentary return gives the following information as to the value of lands and messuages in 1814 and 1874:

The increase in the value of land is hardly equal to the reduction in the value of gold, while the increase in messuages shows the enormous expenditure of labour.