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Inclosure

Aiton's Encyclopedia (1910)

in popular phrase, a fenced field or plot of ground. In English law, inclosure acts are statutes of Parliament providing for the division and allotment of commons and waste lands to private, usually adjoining, owners. In the history of the sixteenth century, the term has reference to a very general fencing of large fields for sheep pasture. The fifteenth century is regarded as a period of comfort for the English peasantry. The peasantry had escaped from the enforced labor of serfdom; food was plentiful; good woolen clothing and stout leather shoes were within the reach of the common people. Landlords let their acres in small holdings. It was measurably true that "every rood maintained its man," and maintained him in the condition of simple happiness described by Oliver Goldsmith in The Deserted Village. An industrial change came over England, however. The very welfare of the European peasantry conferred ability to buy clothing; the market for woolens stimulated the weaving industry of Flanders; Flemish merchants visited the wool fairs and paid high prices for wool. The English landlord became correspondingly desirous to raise wool. He refused to renew the leases of the small tenants and turned them adrift that he might form large inclosures for sheep pastures. Owners of small fields were bought out and driven out. Commons were inclosed for private use. The sturdy villagers, no longer permitted to let and not needed to herd, had nothing for it but to tramp. Thousands of hamlets were depopulated. The process went on for the better part of a century--until the growth of English manufactures and the consequently increased profit of wheat raising brought about a return to agriculture. This return to farming may be said to have been accomplished by 1640. A careless and unsatiable cormorant may compass about and inclose many thousand acres within one pale, and the husbandmen be thrust out of their own; or else by fraud, or violent oppression, or by wrongs and injuries, they be so worried that they be compelled to sell. . . . They (the landlords) throw down houses; they pluck down towns, and leave nothing standing but only the church, to be made a sheep-house.--Sir Thomas Moore. The law locks up the man or woman Who steals the goose from off the common; But leaves the greater villain loose Who steals the common from the goose. --Popular Rhyme.

What Has Changed in the Last Century

When Aiton's wrote this in 1910 the story of inclosure was still essentially Sir Thomas More's: greedy Tudor landlords fencing sheep pasture, depopulating "thousands of hamlets" and destroying a fifteenth-century golden age of the kind Goldsmith mourned. Historians since have shifted the weight of the story forward by two centuries: the great transformation was parliamentary inclosure, roughly five thousand private Acts between about 1750 and 1850 that redrew something like a fifth of England, whereas Tudor sheep inclosure is now seen as concentrated in the Midlands and more limited than the pamphleteers claimed. The legal machinery the entry describes as current is finished: the last inclosure awards were made in the early twentieth century, and Parliament has spent the century since protecting commons rather than dividing them, through the Law of Property Act 1925, the Commons Registration Act 1965, the right to roam under the CROW Act 2000 and the Commons Act 2006. What has not changed is the moral argument, which historians still conduct in much the tone of the popular rhyme quoted here.

Written for this edition, 2026.