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(b) The FreeholdersToC

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In spite of the constant complaints of the sixteenth century writers that one effect of the agrarian changes was the decay of the yeomanry, we shall not in the following pages be much concerned with the freeholders. In our period the word “yeomen" was ceasing to be given the narrow semi-technical sense which it possessed in Acts of Parliament and legal documents, and was beginning to acquire the wide significance which it possesses at the present day. To the lawyer the yeoman meant a freeholder,[65] “a man who may dispend of his own free lande in yerely revenue to the summe of 40s. sterling,” and if the word yeoman was used in its strict legal sense, the decay of the yeomanry ought to have meant a decline in the numbers of freeholders, such as occurred on a very large scale two and a half centuries later. But in this matter it seems that popular usage was more elastic than legal definition, and, except when the significance to be given it is defined by the context, the word itself is not an accurate guide to the legal position of those to whom it is applied. Writers on constitutional questions were careful to observe the stricter usage, because the 40s. freeholder occupied a position in the State, both as a voter and in serving on juries, from which persons who, though much wealthier, were not freeholders, were excluded. But the word yeoman was used, in speaking of agricultural conditions, to describe any well-to-do farmer beneath the rank of gentleman, even though he was not a freeholder. Thus Bacon[66] writes quite vaguely of “the yeomanry or middle people, of a condition between gentlemen and cottagers or peasants.” Those who insisted that the military power of England depended on the yeomanry can hardly have meant to exclude well-to-do copyholders;[67] not only copyholders but even villeins[68] by blood were sometimes described as yeomen; and, in fact, even writers who, like Sir Thomas Smith,[69] use the word most clearly in its strict legal sense on one page, allow themselves to slip into using it in its wider and more popular sense on the next, when the social importance of the class and not its legal status is uppermost in their minds.

Nor is there much evidence that the freeholders suffered generally from the agrarian changes of the sixteenth century. It is true that there are some complaints from freeholders as to the loss of rights of pasture through the encroachments of large farmers upon the commonable area, some cases of litigation between them and enclosing landlords. But, since their payments were fixed, there was no way of getting rid of them except by buying them out, and though this method, which was so important a cause of the decline of the small freeholder in the eighteenth and early nineteenth centuries, was occasionally employed to round off a great estate, it seems to have played a comparatively unimportant part in our period. There is no sign of any large diminution in their numbers, such as would have been expected if the movement had affected them in the same way as it did the customary tenants.

Indeed, if the accounts of contemporary writers may be trusted, it would appear that their position was actually improved in the course of the century. Though even among quite small men one occasionally finds a tenant by knight[70] service, the vast majority of freeholders held in free socage, owing fealty and suit of court, and paying a money rent, sometimes combined with the old recognitions[71] of dependent tenure, such as a gillyflower, a red rose, a pound of pepper, or a pound of cummin. But while on some manors some outward form of feudalism, such as homage and fealty, were still maintained, the decay of feudal relations in the middle order of society had combined with economic causes to better their condition, and the time was already not far distant when those who held by the more honourable tenure of knight service would insist on its being assimilated to the humbler and less onerous tenure of the socager. The agricultural services of the socage tenants had long disappeared. There are many instances of work on the demesne being done in the sixteenth century by copyholders; but there is in our records only one manor where it was exacted from the freeholders, and other obligations were tending to go the way of the vanished predial labour. Suits of court might be owing, and set down as owing in the surveys, but one may doubt very much whether they were often enforced. Owing to the fall in the value of money the fixed rent of the socager often yielded only a small income to the lord of the manor, and in a good many cases these payments had disappeared altogether before the end of the century, or were so unimportant as to be hardly worth the trouble of collecting. Surveyors for this reason were often little interested in them, and, while recording the acreage held by the customary tenants and leaseholders with scrupulous accuracy, did not always trouble to set out in detail the holdings of a class which was financially so insignificant, with the result that sometimes the freeholders shook themselves loose from all payments and services altogether. Nor, had the surveyors been as careful as the heads of the profession would have had them be, would they always have been successful in dealing with this very independent class. They may protest that “next[72] under the king" the freeholders “may be said to be the lord’s,” but freehold lands have a way of getting mislaid[73] to the despair of manorial officials, as copyhold lands do to-day. When escheats occur, the holding cannot be found; when rents are overdue, distraint is impossible, because the bailiff does not know on whom to distrain. The suggestion that, as long as rents are paid and services discharged, the lord has any interest in the property of his freehold tenants, rouses instant resentment, and it would seem that by our period, at any rate in the south of England, the connection of the freeholders with the manor was a matter rather of form and sentiment than of substance. In fact freehold has almost assumed its modern shape.

In assuming its modern shape it has made this particular strand in rural life harder to unravel. By escaping from the supervision of the manorial authorities the freeholders escape at the same time from the economic historian, and since the facts of their position go so often unrecorded, we can speak of it with much less confidence than we can about that of the leaseholders and customary tenants. Out of over one hundred manors which we have examined, there are only twenty-two where it is possible to ascertain with any accuracy the acreage held by the freeholders, and, even on these, one too often meets cases in which the extent of the holding is either unknown to the surveyor, or in which he does not think it worth while to record it. Our results, such as they are, are set out in the table on pages 32 and 33.[74]

Combining the information supplied by these figures with that obtained from other sources, we can form a rough idea of the agrarian conditions under which the freeholders live. They are, in the first place, a most heterogeneous class, including on the one hand men of considerable wealth and position, and on the other mere cottagers. If we could trust the statistics given above we should have to say that the latter enormously outnumbered the former. But our impression is that, though, no doubt, a large number of freeholders were extremely small men, the preponderance of the latter was not nearly so marked as is suggested by the table. For one thing, it is difficult to reconcile it with the accounts given us of the substantial yeomen by the writers of the sixteenth and seventeenth centuries. For another thing, it is in dealing with the larger freeholders that the inclination of surveyors to omit any estimate of the extent of the land is strongest, because it is naturally in their case that an estimate is most difficult to form. Probably, therefore, if we could obtain for the freehold tenancies figures even as full as we can for those of the customary tenants, we should find that the proportion holding between twenty and forty acres was considerably larger than these partial statistics would suggest.

In the second place, though we very rarely have direct information as to the proportion of their holdings used as arable, meadow, and pasture, such as is often supplied for other classes of tenants, we may say with some confidence that it is extremely improbable that their agricultural economy differed from that of the neighbouring copyholders,[75] and that the backbone of their living, except when the plots were so small as merely to supply them with garden produce, was therefore in almost every case tillage. If in any way they departed from the practice of their neighbours who were not freeholders, they did so probably only in being somewhat more alert and enterprising, somewhat more ready to use their security to break with custom and to introduce innovations. It is clear that many of them were very far from being tied down to the stagnant routine which some writers would have us believe is inseparable from all small scale farming. Often, indeed, they had enough initiative to realise the advantages of improved methods of cultivation, and on several manors of the sixteenth and seventeenth centuries the freeholders agreed with each other to survey their lands and separate them, so that they could be cultivated in severalty.[76] In many cases, again, they extended their holdings, which were sometimes large and sometimes mere patches of a few acres, by acting as farmers for the lord of the manor and leasing[77] the demesne or part of it. Above all they had nothing to fear from the agrarian changes which disturbed the copyholder and the small tenant farmer, and a good deal to gain; for the rise in prices increased their incomes; while, unlike many copyholders and the tenant farmers, they could not be forced to pay more for their lands.

The Agrarian Problem in the Sixteenth Century

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