Note 431 — Chapter II · THE REACTION OF THE AGRARIAN CHANGES ON THE PEASANTRY

For buying and selling of pasture see below, and for enclosure pp. 168–170. The following seems a clear case of more or less corporate action. Holkham MSS., Burnham, Bdle. 5, No. 94: “Copy of an indenture between [here follows a list of names] of the same town and county, yeomen, as well on the behalf of themselves as of the rest of the comoners and freeholders of the said town of the one part, and Robert Bacon of [illegible] in the County of Norfolk, and Thomas Coke of Grays Inn in the County of Middlesex of the other part, that whereas heretofore Sir Philip [illegible] being lord and owner of the marshes hereafter mentioned ... did by his indenture of bargain and sale bearing date ... 1588, grant bargain and sell unto [list of names as above] all those marsh grounds lying and being in Burnham, to have and to hold the said premises to the parties last before mentioned and their heires to the use of them and their heires for ever, to the intent and purpose notwithstanding that the said parties last before mentioned there, being inhabitants in certain ancient messuages in the said Towne, and all other inhabitants of the said Towne there and afterwards for the tyme being in any of the ancient messuages and cottages in the said towne, for so long time as they shall be there inhabitinge and noe longer, according to the quantity of their tenures within the said Towne might depasture and feede the land as by the said deeds referring thereunto being had may more fully appeare; [it recites that the land] may by wallinge and embankinge the same be improved to more than a [illegible] value, and made fitt for arrable, meadowe, and pasture grounde, whereby tillage may be increased and his Majestie’s subjects receive more employment thereby, and danger of drawing [drowning?] of their stock for their feedinge prevented [recites that Robert Bacon and Thomas Coke have undertaken to drain the land in return for receiving three parts of it and that the persons above mentioned] being the major parte of the parties interested in the said salte Marshes, and being enabled by the lawes and Statutes of this realm to contract and bargaine with any person or persons for the draining thereof" [now convey 3 parts of the marshes to the above-mentioned Robert Bacon and Thomas Coke], June 8, 1637. The motive of this agreement was to get the low-lying meadows on the sea-coast drained. Drainage schemes were much in the air about this time, and any one who has seen the country near Holkham and Burnham will know how badly protection from the sea was needed. Two points are worth noticing: (i.) the tenants have no objection to surrendering part of their common if they get a quid pro quo; (ii.) they act as a single body. They buy land and they sell land and they can leave it to their heirs. Certain persons in the township act on their behalf, much as directors might act for a body of shareholders. Is it possible to speak of such arrangements simply in terms of individual rights? Are we not driven to think of the township as almost a landholding corporation?