Chapter III

., 21 & 22 E.E.T.S. Extra Series, XXXII.

We have here the practice of divorcing the cottage from its common right described as a novelty. The Act of 31 Elizabeth, c. 7, by prohibiting the letting of cottages without 4 acres of land, in effect prohibited the letting of a cottage without a common right, as the 4 acres _would_ not be the highly valued Close, and _could_ not, unless the rights of other villagers were infringed, be waste or common pasture. Four acres in the common arable field was implied, and this of course carried a right of common.

The exercise of this right, which appears to be most keenly valued, as it is found to persist in many parishes after all other traces of the common field system have died away, obviously opens the door to quarrels. It is not to be expected that all farmers should finish carrying their crops on the same day; and the position of the man who is behind all his neighbours, and so is standing between the commoners and their right of pasture, is not an enviable one. But a constitutional system of government exists for the purpose of dealing with these and other difficulties. A “Foreman of the Fields” and a “Field Jury” are elected: the field jury settles all disputes between individuals, while the duties of the foreman include that of issuing notices to declare when the fields are open for pasturing; on which day all the gates, by which, as I have previously mentioned, the parish is entered, must be closed, while all the gates of the farmyards are thrown open, and a varied crowd of animals winds along the drifts and spreads over the fields.

It will be noticed that the commonable lands of Laxton include only arable fields and common pasture. The commonable meadows which the parish once had, have been partitioned and enclosed at a date beyond the recollection of the oldest inhabitant. The neighbouring parish of Eakring still has commonable meadows. In this respect Eakring is a more perfect example of the open field parish than Laxton, though its common arable fields have been much more encroached upon; and have, in fact, been reduced to scattered fragments, so that the rector was unable to tell me whether there were five, six, or more of them. The villagers, however, say simply “Three: the wheat field, the bean field, and the fallow field.” The commonable meadows are, like the common fields, held in scattered strips intermingled; and are commonable after hay harvest. The rule in Eakring is that if one man only has any hay left on the meadows, the other commoners can turn in their cattle and relieve him of it; but if he can get a neighbour to leave but one haycock also, he is protected.

The constitution of Eakring differs somewhat from that of Laxton. There are regularly four toft meetings every year, presided over by the steward of the lord of the manor, at which all questions relating to the commonable lands are settled. Further, all toft holders have an equal right to feed an indefinite number of sheep on the fallow field, and the other fields when available, but the exercise of the right is regulated by a species of auction. The number of sheep that can be pastured with advantage is agreed upon, and since the total number of sheep which the assembled toft holders desire to put on is sure to exceed that number, a price to be charged per sheep is by degrees fixed by mutual bargaining, till the numbers of sheep for which their owners are willing to pay is reduced to the number that the pasture can bear. The cottager and toft holder, therefore, who though not holding an acre of land in the parish, has yet enterprise enough to bid for the right of keeping a flock of sixty sheep on the common fields, is therefore heartily welcomed by that section of the toft holders who have no desire to bid against him, because he forces up the value of their rights.

A RECENT ENCLOSURE--CASTOR AND AILESWORTH.

Up till 1898 an even better example of an open-field parish could be seen in Northamptonshire. In that year was completed the enclosure of Castor and Ailesworth, two hamlets forming part of the parish of Castor, situated three miles from Peterborough on the road to Northampton. In 1892, when application was made to the Board of Agriculture, which now represents the Enclosure Commissioners of the General Enclosure Act of 1845, there were in the two hamlets, out of a total area of 4976 acres, 2,425 acres of common arable fields, 815 acres of common pastures and meadows, and 370 acres of commonable waste, and only about 1300 acres enclosed. In Laxton the commonable land is less than half the area of the parish. The greater amount of old enclosure in Laxton has had its effect on the distribution of the population. There are some, though very few, outlying farmhouses. In Castor and Ailesworth all the habitations and buildings, except a watermill and a railway station, are clustered together in the two hamlets, which form one continuous village. At present very nearly all the land of Laxton and Eakring is in the ownership of the respective lords of the two manors; in Castor and Ailesworth the Ecclesiastical Commissioners are the largest landowners; but nearly as much land is the property of Earl Fitzwilliam, and there are besides a number of small landowners. Before enclosure all these properties were intermixed all over the area of the two hamlets, the two chief properties coming very frequently in alternate strips.

Though the area of commonable land in Castor was so much greater than in Laxton, those customs of village communal life which we have described had retained much less vigour; and to the decay of the power of harmonious self-government the recent enclosure was mainly attributable. The customary method of cultivation in Castor and Ailesworth was a three-field system, but a different three-field system to that described above. The succession of crops was:--First year, wheat; second year, barley; third year, a “fallow crop,” or as locally pronounced, “follow crop.” Each year in the spring the farmers and toft-holders of Castor, and similarly of Ailesworth, would meet to decide the crop to be sown on the fallow field. One farmer, who held the position--though not the title--of “Foreman of the Fields,” kept a “stint book,” a list of all the villagers owning common rights, and the number of rights belonging to each. The number of votes that could be cast by each villager depended upon the number of his common rights. The fallow crop might be pulse or turnips or other roots or anything else that seemed advisable; but it was essential to the _farmers’_ interests that they should agree upon some crop. For a tradition existed in the village that unless the farmers were agreed as to the crop to be sown on the fallow field, that field could be treated as though it really were fallow. It could be pastured on all the year by all the toft-holders, and any crop which any farmer might sow would be at the mercy of his neighbours’ cattle and sheep. I could not find that this had ever happened. On the other hand, the farmers being agreed about the crop, they could also determine the date when the fallow field should become commonable.[2] The wheat-field and barley-field became commonable after harvest; the meadows and pastures were commonable between August 12th and February 14th.

[2] This is good law. By 13 Geo. III. c. 81 these agreements could be made by “a three-fourths majority in number and value.” _See_