''Steel v Houghton'' (1788) 1 H Bl 51; 126 ER 32 is a

landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern use, the term can also be applied to smaller structures or f ...

judgment in

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

by the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

that is considered to mark the modern

legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

understanding of

private property Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property and personal property, which is owned by a state entity, and from collective or ...

rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...

. Ostensibly the

matter In classical physics and general chemistry, matter is any substance that has mass and takes up space by having volume. All everyday objects that can be touched are ultimately composed of atoms, which are made up of interacting subatomic partic ...

found that no person has a right at

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

glean Gleaning is the act of collecting leftover crops from farmers' fields after they have been commercially harvested or on fields where it is not economically profitable to harvest. It is a practice described in the Hebrew Bible that became a legall ...

the harvest of a private field, but the judgment has been taken to be a more general

precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...

for private land matters.

Background

early modern England Early Modern Britain (c.16th−18th centuries) — the Early Modern period in the history of the British Isles The Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country ...

gleaning was an important source of income for labouring families, at a time when many

parishes A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one or m ...

were affected by

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 ...

and the wholesale transformation of property rights. Over the

harvest Harvesting is the process of gathering a ripe crop from the fields. Reaping is the cutting of grain or pulse for harvest, typically using a scythe, sickle, or reaper. On smaller farms with minimal mechanization, harvesting is the most labor-i ...

s of 1785-1787, conflict had been escalating between land owners and gleaners in the village of

Timworth Timworth is a village and civil parish north east of London and east of Cambridge in the West Suffolk district of Suffolk in eastern England. Located around two miles north of Bury St Edmunds, its 2005 population was 50. At the 2011 Census ...

Suffolk Suffolk () is a ceremonial county of England in East Anglia. It borders Norfolk to the north, Cambridgeshire to the west and Essex to the south; the North Sea lies to the east. The county town is Ipswich; other important towns include Lowes ...

. In 1787, Mary Houghton gleaned on the farm of a wealthy land owner, James Steel, who sued for

trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...

Verdict

The

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...

sided with

landlord A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, the ...

s and found against the gleaners' claims, rejecting arguments from

Mosaic Law The Law of Moses ( he, תֹּורַת מֹשֶׁה ), also called the Mosaic Law, primarily refers to the Torah or the first five books of the Hebrew Bible. The law revealed to Moses by God. Terminology The Law of Moses or Torah of Moses (Hebrew ...

(A precedent for gleaning is to be found in the Bible at Leviticus 19:9-10) and from the traditional Anglo-Saxon constitution as a basis for the common law. Although

was raised by the gleaners that appeared to support gleaning, the court held that this was only to be viewed in the narrowest of terms with conditions, as was

legislation Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...

which had provision for gleaning (the sections that were discussed dealt only with penalties). The Court held gleaning to be only a "privilege" and not a right; the poor of a parish had no legal right to glean, hence gleaning was

Lord Loughborough Alexander Wedderburn, 1st Earl of Rosslyn, PC, KC (3 February 1733 – 2 January 1805) was a Scottish lawyer and politician who sat in the House of Commons between 1761 and 1780 when he was raised to the peerage as Baron Loughborough. He ser ...

gave the leading judgment of the

majority A majority, also called a simple majority or absolute majority to distinguish it from #Related terms, related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Webster Hale Hale may refer to: Places Australia *Hale, Northern Territory, a locality *Hale River, in southeastern Northern Territory Canada *Hale, Ontario, in Algoma District United Kingdom * Hale, Cumbria, a hamlet near Beetham, Cumbria *Hale, Greater Man ...

, Blackstone, Lord Justice Gilbert, and others were either irrelevant to common law precedent or at best merely

dicta In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal term ...

* granting a right to glean would "raise the insolence of the poor" * as well as being against the interests of the poor since, by reducing the farmers' profits, it would reduce the rate payers’ capacity to contribute to the

poor rate In England and Wales the poor rate was a tax on property levied in each parish, which was used to provide poor relief. It was collected under both the Old Poor Law and the New Poor Law. It was absorbed into 'general rate' local taxation in the 19 ...

s; Loughborough's conclusion was that the gleaners'

defence Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...

was "inconsistent with the nature of property which imports absolute enjoyment" Peter King sums up the case and its context in Timworth in his 2006 book ''Crime and Law in England, 1750–1840: Remaking Justice from the Margins'':

Criticism

The decision has been criticized on legal grounds for ignoring statute and precedence for an outcome that denied

natural justice In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general conc ...

and has been criticized by

Marxist Marxism is a Left-wing politics, left-wing to Far-left politics, far-left method of socioeconomic analysis that uses a Materialism, materialist interpretation of historical development, better known as historical materialism, to understand S ...

scholars as a decision that was thinly veiled

class oppression Oppression is malicious or unjust treatment or exercise of power, often under the guise of governmental authority or cultural opprobrium. Oppression may be overt or covert, depending on how it is practiced. Oppression refers to discrimination ...

, particularly citing Loughborough's choice of words.

References

{{reflist, 30em English property case law 1788 in case law 1788 in British law House of Lords cases

Background

Verdict

Criticism

See also

References