SOCIAL AND ECONOMIC HISTORY 



In districts where crown lands predominated the process of inclosure could be carried on with 

 less difficulty. This is clear from a case tried in 1 604, but retrospective in character. The evidence 

 brought before the commission proves that about the year 1564 there was great inclosing activity in 

 the neighbourhood of Bowes, and that the queen's tenants were anxious to pay an increased rent 

 in order to gain the privilege. The same story is told of Arkylgarth, Helwith, Halgate and 

 Keckwith, all places within the district once called the New Forest, one of the Crown possessions.^ 



Recent research has proved that the 17th century did not mark a break in the continuity of 

 the inclosure movement.^" As far as Yorkshire is concerned, complaints of the inclosure of 

 common lands are frequent in the Stuart period. One of the earliest examples of resistance to 

 inclosing in the reign of James I occurred at Crakehall. The land was held by an absentee minor. 

 Miles Metcalfe. The inhabitants claimed rights over the ground of Vyvers, which had never been 

 held in severalty until the parents of Miles Metcalfe seized the land. In order to draw attention 

 to their rights the people knocked down the fences and took forcible possession of the ground. ^^ 

 The Quarter Session Records for the North Riding are extant from the beginning of the 1 7th 

 century and ftirnish interesting information. The first entry occurs on 10 July 1606. 



On the imformation of Ch. Layton Esq. Lo : of the Mannour of Hneton,"" that there are diverse 

 pasture groundes within the said mannour growen with woodes and underwoodes which he is deter- 

 mined to preserve and cherish according to lawe, wherein he hath moved the tenaunts, who will 

 not consent thereto, viz. for the enclosing of a iiii"" part of the said groundes, therefore, that at the 

 suit of the said Ch : Layton in open sessions Sir Coniers Darcy and Sir Henry Jenkins, two of his 

 Ma''°^, etc, who are no way of kindredd, allyance, counsell or fee of or to the said Ch : Layton, 

 being thereto appointed by the more number of the Justices of the North Riding within which the 

 said grounde lyeth, shall have full power to call before them (upon such paynes and penaltyes as 

 they shall appoint) such xii of the said commoners and inhabit"* night to the said woodes, and upon 

 their apparance to proceed for the preservation and springing of the said woodes, and the dividing 

 and inclosing of the fourth of the said ground, as by law." 



The Privy Council appointed a commission in 1607 to inquire into the question of inclosures 

 in the Midlands, and an entry in the Sessions Roll of 8 July of the same year seems to point to 

 a similar order having been sent into Yorkshire. A considerable number of notices appear which 

 prove that some depopulation had taken place, though in scattered places and at some distance of 

 time. ' Moreover that the townes undernamed are inclosed and pitifully depopulated, viz., Maunby 

 by Will Midleton about xvi yeares since, Gristhwaite by the late Erie of Northumberland about 

 xxx" yeares since. North Kilvington by Mr. Mennell, the rest by whom ignoramus, Salton ab Sawton 

 in Rydale by the late lord Eure almost xxiiii years sithence.' ^' But there is no room for doubt as to 

 which side the justices favoured ; a wall of 200 roods had been built by the Earl of Exeter to 

 inclose part of Newsham Moor ; it was pulled down during the night. The people of the neigh- 

 bouring villages refused to give any information to lead to the detection of the culprits, so the 

 justices ordered them to pay such sum of money as would rebuild the wall." Great distress was 

 sometimes occasioned by cattle straying while being driven off common lands. 



The cattle of the inhabitants of Sutton used to depasture on the common moor belonging to the 

 village of Farlington quietly and peaceably until Thomas Moyser in the minority of Sir Robert Staple- 

 ton did somewhat trouble and interrupt their quiet going there by causing them to be driven out of 

 the said moors and wastes of Farlington over the said river into the forest." 



One of the most systematic and well-organized attacks on inclosures during the period took 

 place at Anlaby in the neighbourhood of Hull. The case was tried in the court of Exchequer, 

 William Hayward being plaintiff, various inhabitants of Anlaby defendants, Southholme Close, 

 part of Southholme Common, was said to have been inclosed for thirty years ; but the landlord, 

 William Hayward, seems to have roused popular indignation by depriving the cottagers of their 

 housegaits on the common. One of the interrogatories administered on behalf of the defendants 

 suggests that the two bylawmen, though elected by the villagers themselves, had in defiance of their 

 oath of office acted for some years in collusion with the complainant. 



' Whether has the ordering or overseeing of the ancient custom and usage of common in the 

 grounds been of late time much neglected by the Bylawmen and what was the occasion of the said 

 neglect. Whether was it for that the Bylawmen were kinsmen to the owners of the said inclosures 

 or for what other cause or respect was it that the same was so neglected and not casten down, speak 

 the truth thereof by the oath you have taken.' 



' Exch. Dep. Yorks. Mich. 2 Jas. I, no. 33. '" Miss Leonard, op. cit. 102. 



" Exch. Dep. Yorks. Mil. 3 Jas. I, no. 17. "^ Kneeton (P). 



" 3; Hen. VIII, Quarter Sessions Rec. (North Riding Rec. Soc), i, 42, 43. 



'* Ibid. 78. " Ibid. 170, 6 Oct. 1609 ; 210, 8 Jan. 1610. 



" Exch. Dep. Yorks. East. 5 Jas. I, no. 1 2. 



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