Saturday 17 December 2011

Allotments No 21 - Law and Allotments - No 3 Statutes

Pre-history: Allotments are likely to have been about in Pre-history at about the time when agriculture was replacing hunting and gathering.  As a family group grew its alloidal settled land would have grown and individuals may well have been alloted small plots for growing food.

 Roman Era to Norman Era: This may well have been the situation in the tribal lands of Roman times, through the posr-Roman Era and into the kingdoms prior to the Norman Era. By and in the time of the latter period customary strip farming and common land was established. It is likely that the lowest in society were allowed to take plots of waste land or were allocated plots on land (seemingly in an alloidal manner.

Norman Era:  However, at some point in the Norman Era, as the feudal tenure system developed, it came about that the Lord of the Manor (LofM)could enclose common land and might well have displaced the lowly folk from their plots. Nevertheless, the the now non-alloidal field strip system and "tenancies" of plots are likely to have subsisted for several centuries. Although the field strips were not perhaps allotment plots as we know them they may well have embedded the "ideal" of an individual holding land as a means of feeding the family. The same may be said of "gardens" attached to humble family huts and houses. I have not seen records of allotments as such but the concpt may well have been known in Norman times, ie individuals having a garden remote from the dwelling-place.

Rights of Common: Before the Norman Era the ancient rights of common were "as of right" alloidal customary rights humble folk had to take "assets" from land not possessed by others - woodlands, moors etc. One might regard them as a kind of "virtual allotment". Grazing was collective in the sense that the animals of one person grazed with the beasts of others.some were but some rights of common were more personal in that wood collecting, hunting and the like were linked to individual needs of the family. 

Cottages: Another feature of life was the custom of an individual to enclose common land (belonging to the LofM?) and build themselve a "house" (bothie) before dawn. If successful he or she remained in a customary possession. It seems that Elizabeth I brought an end to this practice ("right") with the Erection of Cottages Act 1588. It could well be that an individuas built on an already established garden on common land, ie land equivalent to an allotment. 

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