g to note that much of this land was soon after
enclosed and converted to pasture, more than a century before the
event which is supposed to mark the beginning of the enclosure
movement. The productivity of the land had declined; its holders were
no longer able to pay the customary rent, and the lord had to content
himself with lower rents; the productivity was so low in some cases
that the land was fit only for sheep pasture.
Land holding was regarded as a misfortune in the fourteenth century.
The decline in fertility had made it impossible for a villain to
support himself and his family and perform the accustomed services and
pay the rent for his land. Sometimes heirs were excused on account of
their poverty. Page has made note of the prevailing custom of fining
these heirs for the privilege of refusing the land:
In 1340 J. F., who held a messuage and half a virgate, had to pay
two shillings for permission to give up the land, because he was
unable to render the services due from it. Three other men at the
same time paid six pence each not to be compelled to take up
customary land ... at Woolston, 1340, R. G. gave up his messuage
and half virgate because he could not render the necessary
services; whereupon T. S. had to pay three shillings three pence
that he might not be forced to take the holding, and another
villain paid six shillings eight pence for the same thing.[58]
Miss Levett mentions the fact that cases were fairly frequent at the
Winchester manors in the fourteenth century where a widow or next of
kin refused to take up land on account of poverty or impotence;[59]
and three villains of Forncett gave up their holdings before 1350 on
account of their poverty.[60]
In case no one could be found who would willingly take up the land,
the method of compulsion was tried. The responsibility for providing a
tenant in these cases seems to have been shifted to the whole
community. A villain chosen by the whole homage had to take up the
land. At Crawley in 1315 there were two such cases. A fine was paid by
one villain for a cottage and ten acres "_que devenerunt in manus
domini tanquam escheata pro defectu tenentium & ad que eligebatur per
totam decenuam_." At Twyford in 13433-1344, J. paid a fine for a
messuage and a half virgate of land, "_ad que idem Johannes electus
est per totum homagium_."[61] In other entries cited by Page, the
element of compulsion is unmistak
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