Preferred Citation: Urdank, Albion M. Religion and Society in a Cotswold Vale: Nailsworth, Gloucestershire, 1780-1865. Berkeley:  University of California Press,  c1990 1990. http://ark.cdlib.org/ark:/13030/ft2d5nb1fm/


 
Notes

Chapter Two Hinterland of the Vale: Landownership and Tenure

1. This theme is examined further in chaps. 3 and 8.

2. See Obelkevich, Religion and Rural Society , pp. 10-13; Everitt, The Pattern of Rural Dissent , pp. 20-22; B. A. Holderness, "'Open' and

'Close' Parishes in England in the Eighteenth and Nineteenth Centuries," Ag.HR , XX (1972); and Mills, Lord and Peasant , especially chaps. 2-6; however, see Sarah Banks's critique of this model, in Banks, "Nineteenth Century Scandal."

3. See, for instance, Obelkevich, Religion and Rural Society , p. 12, n. 2; Obelkevich bases his analysis on the land tax return for 1831.

4. Alan MacFarlane, The Origins of English Individualism: The Family, Property and Social Transition (Oxford, 1978), defines individualism in terms of property right; for the correlation of property right with Dissent, see above, n. 2 as well as the two classics: Max Weber (trans. Talcott Parsons), The Protestant Ethic and the Spirit of Capitalism (New York, 1976) and R. H. Tawney, Religion and the Rise of Capitalism: An Historical Study (London, 1964).

5. For references, see above, chap. 1, n. 12 and n. 73.

6. Almost 25.0 percent of the parish's acreage remained unlisted, however; this was undoubtedly unoccupied waste, "the lord's waste," that he protected from encroachment by cottagers; see chap. 4 for a detailed treatment of the exercise of manorial authority.

7. Intermediary and small holdings among owners fell 37 and 24 percent, respectively.

8. The range was from a mean of 0.8666 to a mean of 0.4888 acres.

9. Horsley's acreage in 1784 was estimated from the land values and acreage figures in the 1784 Avening tithe survey and from Horsley's land tax assessements for that year. A regression equation, Total Acreage = -0.2357178 + 0.3919663 (land value) was derived from the tithe survey, and Horsley's land values, based on the assessment of 4s. per pound sterling, were substituted to yield estimates of total acreage for each landholder in the parish. Although methods of valuation for tithe and land tax could have differed, the pattern of variation between land values and acreage size are assumed to have been the same.

10. The percentage fall in acreage was respectively 34, 40, and 55.

11. John Dela Field, Esq., probably a distant relative of the late lord, Henry Stephens, occupied Chavenage manor house in 1141 but appears only to have had the "use" of the estate, the rents of which were collected by its trustee, Robert Kingscote; see the Will of Henry Stephens, Esq., February 28, 1795, PRO Prob. 11/1256/122. For the activities of the manor court under the Stephens, see chap. 4.

12. See above, chap. 1, tables 1 to 4.

13. See above, chap. 1, table 8 for the net loss of arable acreage that resulted from a sharpening of the division of labor. Adam Smith had observed that absence of specialization made preindustrial labor particularly inefficient: "A country weaver who cultivates a small farm must lose

a good deal of time in passing from his loom to his field, and from the field to his loom''; see Adam Smith (G. Stigler, ed.), Selections from the Wealth of Nations (New York, 1957), p. 6.

14. See this chapter (chap. 2), section on agrarian transformation.

15. See E. P. Thompson, "Patrician Society, Plebeian Culture," Journal of Social History , VII (1974): 387 and Roger B. Manning, Village Revolts: Social Protest and Popular Disturbances in England, 1509-1640 (Oxford, 1988), p. 5. Manning writes that during the early modern period the survival of use-rights among the tenantry, as well as "[t]he continued exercise of seigneurial jurisdiction, the extraction of manorial dues and services, and the survival of servile tenures all modified the terms of landholding," limiting both the lords' and tenants' assertions of unqualified rights to private property. This conclusion applies equally to the late eighteenth to early nineteenth century, to the extent that remnants of seigneurialism can be found.

16. See Ivor P. Collis, "Leases for a Term of Years Determinable with Lives," Society of Archivists Journal , I (1955-1959) and Christopher Clay, "Lifehold Leasing in the Western Counties of England," Ag.HR , XXIX (1981) for close examinations of this particular form of leasehold.

17. E. Kerridge, Agrarian Problems of the Sixteenth Century and after (London, 1969) discusses the difference between leases as "real interests" in land and as "real chattels"; cf. A. W. B. Simpson, A History of the Land Law , 2d ed. (Oxford, 1986), pp. 70-73. The life tenant held "seisin" because he could transfer his holding to his heirs instead of an executor.

18. In the West of England, both copyholds for lives and lifehold leases were renewable at the expiry of each life listed in the indenture, a practice that offered additional security of tenure; see Kerridge, Agrarian Problems , pp. 35-36, 47.

19. The customary obligations they contained, at the very least, were payment of heriots and suit of court; the succession of lifehold leases from copyholds is depicted in Kerridge, Agrarian Problems ; see also R. H. Hilton, The English Peasantry in the Later Middle Ages (Oxford, 1975), pp. 69-70, 149; F. Pollock and F. W. Maitland, The History of the English Law before the Time of Edward I , II (Cambridge, 1968): iii; and Manning, Village Revolts , p. 133.

20. See n. 17, above, on "real chattels." In eighteenth-century Norfolk, a seat of the agricultural revolution, twenty-one-year leases were regarded as long tenures; see R. A. C. Parker, Coke of Norfolk: A Financial and Agricultural Study, 1707-1842 (Oxford, 1975), p. 54.

21. Kerridge, Agrarian Problems , p. 47.

22. Gloucester City Library, Glos. Colln., RF167.2 (1-4), Horsley

Manor Records, Particulars of Leases and Rents, 1562-1789; cf. Glos. Jnl ., 19 July 1842, the case of Garbind vs. Jekyel , in which the Lord Chief Justice is reported enforcing the payment of heriots to the lord of an Essex manor, although not to the amount the latter had claimed.

23. Ivor P. Collis, "Leases for a Term of Years," p. 168.

24. See chap. 4 for a detailed treatment.

25 Glos. Jnl ., 1 April 1816, "Manor of Horsley." We can estimate, however, that the number of leaseholders on the manor were fewer than at Minchinhampton, the estimate for which is given below. According to the series of suitors between 1794 and 1814, listed in appendix B, the trend value for the number of suitors in 1789 (the year of the last recorded lease) is 441; this means that about 10 percent of all Horsley suitors held leases from the manor.

26. GRO D1192/2; for a discussion of the evolution of tenures on the manor, especially the early commutation of labor services, see Jean Birdsall, "The English Manors of the Abbey of La Trinité at Cean," in Anniversary Essays in Medieaval History by Students of Charles Homer Haskins (New York, 1929), pp. 36, 38 and E. Watson, "The Minchinhampton Custumal and Its Place in the Story of the Manor," Trans. B & G Arch. Soc . LIV (1932): 255.

27. The results of this analysis can be expressed symbolically as X 1 = 2.65s, S 1 = 3.20; X 2 = 3.76s, S 2 = 3.48; t = 0.62, df = 34, t > 2.03 at the 0.05 significance level.

28. The assumption made here is that the type of property held (which might have affected the rental value) is randomly distributed among small holders and therefore should not affect the comparison.

29. Kerridge, Agrarian Problems , p. 48.

30. F. Pollock, The Land Law's (London, 1896), p. 142; cf. Simpson, History of Land Law , p. 252.

31. Gloucester City Library, Glos. Colln., RF167.2 (1-4), Horsley Manor Records.

32. Ibid.

31. Gloucester City Library, Glos. Colln., RF167.2 (1-4), Horsley Manor Records.

32. Ibid.

33. Glos. Jnl ., 15 September 1823, Sale at Boot Inn.

34. PRO PCC Prob. 11/1818/66, Will of Edward Bliss; PRO, IR26/1279/81, Estate Duty Registers.

35. PRO PCC Prob. 11/1256/122, Will of Henry Stephens, Esq.

36. GRO D1812/1. Ricardo Family Papers.

37. See Ivor P. Collis, "Leases for a Term of Years," pp. 168-171.

38. Occassionally, however, wills specify the tenurial status of the property bequeathed; where freehold status is not actually specified, the property may likely have been a long-term leasehold treated as though it were a freehold, as in the case of Edward Bliss, cited above.

39. GRO GDR, Wills of W. Kemish, September 5, 1812; T. Lewis, May 25, 1825; J. Heskins, April 15, 1818; P. Howell, March 31, 1764; T. Locker, September 12, 1759; Rob Mason, January 21, 1778; Jas. Bingell, February 14, 1803; Thos. Baker, July 5, 1827; J. Sansum, June 26, 1823; H. Dee, April 22, 1797; D. Sansum, December 13, 1826; W. Dowdy, March 19, 1763; J. Harrison, October 15, 1772, J. Cull, May 12, 1779; and T. Holliday, November 8, 1774. See also chap. 6, table 47, which gives the percentage distribution by tenurial status of artisan, weaver, and laborer householders at Horsley in 1811.

40. See J. D. Chambers, "Enclosure and the Labour Supply," in D. V. Glass and D. E. C. Eversley, eds., Population in History: Essays in Historical Demography (London, 1965), pp. 308-310; cf. the historio-graphic discussion in J. A. Yelling, Common Field and Enclosure in England , 1450-1850 (London, 1977), pp. 94-103.

41. See Joan Thirsk, "The Farming Regions of England"; Yelling, Common Field and Enclosure ; J. R. Wordie, "The Chronology of English Enclosure, 1500-1914," Ec.HR , XXXVI, 2d ser. (1983) has maintained, more recently, that 70 percent of the land in England had been enclosed by 1700.

42. Chambers, "Enclosure and the Labour Supply," p. 319; see also G. E. Mingay, Enclosure and the Small Farmer in the Age of the Industrial Revolution (London, 1968).

43. See Yelling, Common Field and Enclosure , pp. 26-29, 71-93.

44. Gloucester City Library, Glos. Colln. RF167.2 (1-4), Horsley Manor Records; subsequent similar references are drawn from the same source.

45. GRO GDR, Will of Daniel Harvey, Avening, March 31, 1785.

46. GRO, D1812/1, Ricardo Family Papers, Feoffment of Premises at Avening, May 11, 1807, Hill and Dangerfield to Phillip Sheppherd.

47. Ibid. Lease Indenture, September 24, 1777, Peach to Edward Sheppherd.

48. Ibid. Deed of Exchange, February 24, 1788, Sheppherd to Walbank.

49. Ibid. Conveyance of Estates, the Shard and Samao, March 24, 1824.

46. GRO, D1812/1, Ricardo Family Papers, Feoffment of Premises at Avening, May 11, 1807, Hill and Dangerfield to Phillip Sheppherd.

47. Ibid. Lease Indenture, September 24, 1777, Peach to Edward Sheppherd.

48. Ibid. Deed of Exchange, February 24, 1788, Sheppherd to Walbank.

49. Ibid. Conveyance of Estates, the Shard and Samao, March 24, 1824.

46. GRO, D1812/1, Ricardo Family Papers, Feoffment of Premises at Avening, May 11, 1807, Hill and Dangerfield to Phillip Sheppherd.

47. Ibid. Lease Indenture, September 24, 1777, Peach to Edward Sheppherd.

48. Ibid. Deed of Exchange, February 24, 1788, Sheppherd to Walbank.

49. Ibid. Conveyance of Estates, the Shard and Samao, March 24, 1824.

46. GRO, D1812/1, Ricardo Family Papers, Feoffment of Premises at Avening, May 11, 1807, Hill and Dangerfield to Phillip Sheppherd.

47. Ibid. Lease Indenture, September 24, 1777, Peach to Edward Sheppherd.

48. Ibid. Deed of Exchange, February 24, 1788, Sheppherd to Walbank.

49. Ibid. Conveyance of Estates, the Shard and Samao, March 24, 1824.

50. GRO P217a/VE1/1, Survey and Valuation of the lands in the Parish of Minchinhampton, ca. 1804, for equalizing the poor rates. The parish contained altogether 390 plots of arable land, including common field lands, and 324 plots of pasture. However, mean arable acreage, at 6.4 acres per plot, outstripped mean pastoral acreage, at 3.4 acres per plot, by a ratio of 2:1. The preponderance of arable land in this wood-pasture society was undoubtedly caused by the barley requirements of

the brewing industry and the persistence of Minchinhampton Common as a communal grazing area. Nevertheless, the mean ratable value of pasture lands was significantly greater, at 14s. per acre, than the mean ratable value of the arable sector, at 6s. per acre. All pasture lands were enclosed, while a sizable proportion of arable still lay in common fields; the costs of enclosure probably accounted for the difference in ratable values; see n. 51, below.

51. Ibid.; GRO P217 IN 3/1; GRO MF 447. By 1804, the acreage held in common fields had fallen to only 589 acres; 152 plots laid in common fields, and all were devoted to arable land, while 562 plots had been enclosed, 324 of which were pasture lands. Mean enclosed acreage, at 5.6 acres per plot, outstripped mean common field acreage, at 3.99 acres per plot, by a ratio of almost 3:2; t = 2.31, df = 712, Prob > | t | 0.02. The mean ratable value of enclosed lands, at 9.66s. per acre, dramatically surpassed the mean ratable value of open field lands, at 3.25s. per acre; t = 7.12, df = 712, Prob > | t | 0.00.

50. GRO P217a/VE1/1, Survey and Valuation of the lands in the Parish of Minchinhampton, ca. 1804, for equalizing the poor rates. The parish contained altogether 390 plots of arable land, including common field lands, and 324 plots of pasture. However, mean arable acreage, at 6.4 acres per plot, outstripped mean pastoral acreage, at 3.4 acres per plot, by a ratio of 2:1. The preponderance of arable land in this wood-pasture society was undoubtedly caused by the barley requirements of

the brewing industry and the persistence of Minchinhampton Common as a communal grazing area. Nevertheless, the mean ratable value of pasture lands was significantly greater, at 14s. per acre, than the mean ratable value of the arable sector, at 6s. per acre. All pasture lands were enclosed, while a sizable proportion of arable still lay in common fields; the costs of enclosure probably accounted for the difference in ratable values; see n. 51, below.

51. Ibid.; GRO P217 IN 3/1; GRO MF 447. By 1804, the acreage held in common fields had fallen to only 589 acres; 152 plots laid in common fields, and all were devoted to arable land, while 562 plots had been enclosed, 324 of which were pasture lands. Mean enclosed acreage, at 5.6 acres per plot, outstripped mean common field acreage, at 3.99 acres per plot, by a ratio of almost 3:2; t = 2.31, df = 712, Prob > | t | 0.02. The mean ratable value of enclosed lands, at 9.66s. per acre, dramatically surpassed the mean ratable value of open field lands, at 3.25s. per acre; t = 7.12, df = 712, Prob > | t | 0.00.

52. Glos. Jnl ., 10 May 1813; re Minchinhampton Common.

53. Ibid., 6 March 1830, advertisement.

52. Glos. Jnl ., 10 May 1813; re Minchinhampton Common.

53. Ibid., 6 March 1830, advertisement.

54. GRO D2219/1/4, Resolution of the [Minchinhampton] Court Leer, ca. 1843.

55. GRO D2219/1/5, Court Leet, Minutes of Proceedings, 1847.

56. The term "after" comes from the Latin words averus, avera , which are forerunners of the word "affrus," meaning "work-horse''; see John Langdon, Horses, Oxen and Technological Innovation: The Use of Draught Animals in English Farming from 1066-1500 (Cambridge, 1986), p. 295.

57. See chaps. 3 and 4 for the attitudes of Whig landowners and chap. 4 for evidence from manorial court records.


Notes
 

Preferred Citation: Urdank, Albion M. Religion and Society in a Cotswold Vale: Nailsworth, Gloucestershire, 1780-1865. Berkeley:  University of California Press,  c1990 1990. http://ark.cdlib.org/ark:/13030/ft2d5nb1fm/