The Inclosure Acts, which use an archaic spelling of the word now usually spelt "enclosure", cover

enclosure Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or " common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

of open fields and

common land Common land is land owned by a person or collectively by a number of persons, over which other persons have certain common rights, such as to allow their livestock to graze upon it, to collect Wood fuel, wood, or to cut turf for fuel. A person ...

in England and Wales, creating legal property rights to land previously held in common. Between 1604 and 1914, over 5,200 individual enclosure acts were passed, affecting 28,000 km².

History

Before the enclosures in England, a portion of the land was categorized as "common" or "waste". "Common" land was under the control of the lord of the manor, but certain rights on the land such as

pasture Pasture (from the Latin ''pastus'', past participle of ''pascere'', "to feed") is land used for grazing. Pasture lands in the narrow sense are enclosed tracts of farmland, grazed by domesticated livestock, such as horses, cattle, sheep, or swine ...

pannage Pannage (also referred to as ''Eichelmast'' or ''Eckerich'' in Germany, Switzerland, Liechtenstein, Luxembourg, Austria, Slovenia and Croatia) is the practice of releasing livestock-domestic pig, pigs in a forest, so that they can feed on falle ...

, or

estovers In English law, an estover is an allowance made to a person out of an estate, or other thing, for his or her support. The word estover can also mean specifically an allowance of wood that a tenant is allowed to take from the commons, for life o ...

were held variously by certain nearby properties, or (occasionally) ''in gross'' by all manorial tenants. "Waste" was land without value as a farm strip – often very narrow areas (typically less than a yard wide) in awkward locations (such as cliff edges, or inconveniently shaped manorial borders), but also bare rock, and so forth. "Waste" was not officially used by anyone, and so was often farmed by landless peasants. The remaining land was organised into a large number of narrow strips, each tenant possessing a number of disparate strips throughout the manor, as would the manorial lord. Called the

open-field system The open-field system was the prevalent agricultural system in much of Europe during the Middle Ages and lasted into the 20th century in Russia, Iran, and Turkey. Each manor or village had two or three large fields, usually several hundred acre ...

, it was administered by manorial courts, which exercised some collective control. What might now be termed a single field would have been divided under this system among the lord and his tenants; poorer peasants (

serfs Serfdom was the status of many peasants under feudalism, specifically relating to manorialism, and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery, which developed ...

or copyholders, depending on the era) were allowed to live on the strips owned by the lord in return for cultivating his land. The system facilitated common grazing and

crop rotation Crop rotation is the practice of growing a series of different types of crops in the same area across a sequence of growing seasons. It reduces reliance on one set of nutrients, pest and weed pressure, and the probability of developing resistant ...

. Any individual might possess several strips of land within the manor, often at some distance from one another. Seeking better financial returns, landowners looked for more efficient farming techniques. Enclosure acts for small areas had been passed sporadically since the 12th century, but advances in agricultural knowledge and technology in the 18th century made them more commonplace. Because tenants, or even copyholders, had legally enforceable rights on the land, substantial compensation was provided to extinguish them; thus many tenants were active supporters of enclosure, though it enabled landlords to force reluctant tenants to comply with the process. With legal control of the land, landlords introduced innovations in methods of crop production, increasing profits and supporting the Agricultural Revolution; higher productivity also enabled landowners to justify higher rents for the people working the land. In 1801, the Inclosure (Consolidation) Act was passed to tidy up previous acts. In 1845, another General Inclosure Act instituted the appointment of Inclosure Commissioners, who could enclose land without submitting a request to Parliament. The powers granted in the Inclosure Act of 1773 of the

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

of the

Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of ...

were often abused by landowners: the preliminary meetings where enclosure was discussed, intended to be held in public, often took place in the presence of only the local landowners, who regularly chose their own solicitors, surveyors and commissioners to decide on each case. In 1786 there were still 250,000 independent landowners, but in the course of only thirty years their number was reduced to 32,000. The tenants displaced by the process often left the countryside to work in the towns. This contributed to the

Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...

– at the very moment new technological advances required large numbers of workers, a concentration of large numbers of people in need of work had emerged; the former country tenants and their descendants became workers in industrial factories within cities. A poem from the 18th century reads as a protest against the inclosure acts:

List of acts

*The

Inclosure Act 1773 The Inclosure Act 1773 (13 Geo 3. c. 81) (also known as the Enclosure Act 1773) is an Act of the Parliament of the Kingdom of Great Britain, passed during the reign of George III. The Act is still in force in the United Kingdom. It created a law ...

(13 Geo.3 c.81) The Inclosure Acts 1845 to 1882 mean:The

Short Titles Act 1896 The Short Titles Act 1896 (59 & 60 Vict c 14) is an Acts of Parliament in the United Kingdom, Act of the Parliament of the United Kingdom. It replaces the Short Titles Act 1892. This Act was retained for the Republic of Ireland by section 2(2)(a ...

, section 2(1) and second schedule *The

Inclosure Act 1845 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or " common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(8 & 9 Vict. c. 118) *The Inclosure Act 1846 (9 & 10 Vict. c. 70) *The

Inclosure Act 1847 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(10 & 11 Vict. c. 111) *The

Inclosure Act 1848 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(11 & 12 Vict. c. 99) *The

Inclosure Act 1849 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(12 & 13 Vict. c. 83) *The

Inclosure Commissioners Act 1851 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(14 & 15 Vict. c. 53) *The

Inclosure Act 1852 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(15 & 16 Vict. c. 79) *The

Inclosure Act 1854 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(17 & 18 Vict. c. 97) *The

Inclosure Act 1857 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(20 & 21 Vict. c. 31) *The

Inclosure Act 1859 Enclosure or Inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land" enclosing it and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land ...

(22 & 23 Vict. c. 43) *The Inclosure, etc. Expenses Act 1868 (31 & 32 Vict. c. 89) *The

Commons Act 1876 The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons c ...

(39 & 40 Vict. c. 56) *The Commons (Expenses) Act 1878 (41 & 42 Vict. c. 56) *The Commons Act 1879 (42 & 43 Vict. c. 37) *The Commonable Rights Compensation Act 1882 (45 & 46 Vict. c. 15)

Notes

Citations

References

* * *The Parliamentary Debates, Volume 80. By Great Britain. Parliamen
p. 483
*Parliamentary Papers, House of Commons and Command, Volume 12. By Great Britain. Parliament. House of Common
104p. 380
*Edinburgh Review, Or, Critical Journal, Volume 62
p. 327
*The Pictorial History of England, Volume 6. By

George Lillie Craik George Lillie Craik (1798–1866) was a Scottish writer and literary critic. Life Born at Kennoway, Fife, he was the eldest of three illustrious brothers to the local schoolmaster, his younger brothers including Henry Craik and James Craik. ...

, Charles Knightbr>p. 781The English Peasantry and the Enclosure of Common Fields
By

Gilbert Slater Gilbert may refer to: People and fictional characters *Gilbert (given name), including a list of people and fictional characters *Gilbert (surname), including a list of people Places Australia * Gilbert River (Queensland) * Gilbert River (South A ...

*An Analytical Digest of the Reports of Cases Decided in the Courts of Common Law, and Equity, of Appeal, and Nisi Prius. By Henry Jeremy
p. 40The Fence
By Washburn & Moen Manufacturing Compan
p. 21
*The Contemporary Review, Volume 67
p. 703
*Alienated tithes in appropriated and impropriated parishes
p. 38

External links

Thesaurus of ActsParliamentary enclosure – Surrey County CouncilArchive details and descriptionThe Enclosures of the 18th Century
BBC Radio 4 discussion with Rosemary Sweet, Murray Pittock & Mark Overton (''In Our Time'', May 1, 2008) {{UK legislation Lists of legislation by short title and collective title Acts of the Parliament of the United Kingdom concerning England and Wales Enclosures United Kingdom Acts of Parliament 1801 United Kingdom Acts of Parliament 1845 Agriculture legislation in the United Kingdom History of agriculture in England History of agriculture in Wales English land law fr:Mouvement des enclosures ru:Огораживания