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Did the Commons Make Medieval and Early Modern Rural Societies More Equitable? A Survey of Evidence from across Western Europe, 1300-1800

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Abstract

The view of the commons as archaic, ‘backward’ and ‘irrational’ institutions for the management of resources has now been revised in favour of a more positive one, for both past and present societies. Indeed, it is clear that the commons had multifarious ecological and economic benefits for both medieval and early modern rural societies in Western Europe. That being the case, many scholars have seen the increasing expropriation of the commons in the transition to the early modern period as a sign of increasing inequality characterizing pre-industrial Europe, and many have lamented the loss of communal grazing privileges connected to processes such as land enclosure – pushing poor peasants into the ‘abyss’ with the removal of their final form of welfare. However, in this paper it is argued that the social distribution of the benefits to the commons were rarely, if ever, entirely equitable. In fact, in many historical contexts the benefits of the commons could also be highly restricted – crystallizing and entrenching stratifications themselves, and even serving as the ‘vehicle’ of further inequality. The expropriation of the commons did not necessarily make Western European rural societies any more unequal.
Did the Commons Make Medieval and Early
Modern Rural Societies More Equitable? A
Survey of Evidence from across Western Europe,
1300–1800
DANIEL R. CURTIS
The view of the commons as archaic, ‘backward’ and ‘irrational’ institutions for the
management of resources has now been revised in favour of a more positive one, for both
past and present societies. Indeed, it is clear that the commons had multifarious ecological
and economic benefits for both medieval and early modern rural societies in Western
Europe. That being the case, many scholars have seen the increasing expropriation of the
commons in the transition to the early modern period as a sign of increasing inequality
characterizing pre-industrial Europe, and many have lamented the loss of communal
grazing privileges connected to processes such as land enclosure – pushing poor peasants
into the ‘abyss’ with the removal of their final form of welfare. However, in this paper it is
argued that the social distribution of the benefits to the commons were rarely, if ever,
entirely equitable. In fact, in many historical contexts the benefits of the commons could
also be highly restricted – crystallizing and entrenching stratifications themselves, and even
serving as the ‘vehicle’ of further inequality. The expropriation of the commons did not
necessarily make Western European rural societies any more unequal.
Keywords: commons, equality, inequality, Western Europe, pre-industrial
FROM THE ‘BACKWARD COMMONS’ TO THE ‘DYNAMIC COMMONS’:
A CHANGING PERCEPTION
Although the ‘commons’ are now being used in a wider sense to refer to many different types
of institution for collective action,1both past and present (De Moor 2010b, fn. 3; 2011), the
more traditional and restricted definition refers to two resource-management systems (with
multifarious nuances and differing versions) found in the pre-industrial Western European
countryside, and which experienced formalized institutional crystallization roughly around the
twelfth and thirteenth centuries (with undoubtedly much earlier informal antecedents).2The
common fields were essentially private cultivated arable lands farmed collectively. As one
particular ‘subtype’ of the open fields (a basic system of scattering of plots across a number of
fields), the common fields allowed one of the fields (often one out of three, but there was
Daniel R. Curtis, Research Institute for History and Art History, Utrecht University, Drift 6, 3521 BS, Utrecht,
The Netherlands. E-mail: d.r.curtis@uu.nl.
Daniel Curtis is a postdoctoral researcher on an ERC-project led by Prof. Bas van Bavel entitled ‘Coordinat-
ing for Life. Success and Failure of Western European Societies in Coping with Rural Hazards and Disasters,
1300–1800’ (grant no. 339647). Thanks also go to the referees for their most helpful advice.
1Now sometimes referred to as ‘common pool resources’ (CPRs).
2Within a prior context of the crystallization of formalized local lordships and communes between the tenth
and twelfth centuries (see Reynolds 1997; Wickham 1997).
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Journal of Agrarian Change, Vol. •• No. ••, •• 2015, pp. ••–••.
© 2015 John Wiley & Sons Ltd doi: 10.1111/joac.12101
exceptional variation) to spend time fallow, in the process not exhausting the nutrients of
the soil (Thirsk 1964, 3).3The other form of the commons was the shared but rationed
and regulated access rights and obligations over resources such as pastures, forests, wastes and
marshes (De Moor et al. 2002a, 18–19). This type of commons offered multiple uses and
resources, including the right and space to graze animals, to pick herbs, fruit and fungi, to
hunt and fish, and to extract fuel and building materials in the form of dung, timber and peat,
as well as the distribution of some plots for cultivation, at times (Iriarte-Goñi 1998; Grüne
2011). To avoid confusion and limit the scope of this paper, only this second form of the
commons is explicitly considered.
Roughly in the transition from the late Middle Ages to the early modern period, the
commons increasingly came under attack from internal and external encroachments. Many
commons proved resilient over the long term, however, and their final death knell in many
parts of Western Europe only came in the nineteenth century – often through parliamentary
and state privatization.While some late eighteenth- and nineteenth-century observers decried
the likelihood that any family ‘for whatever reason is left without [common] pasture and
woods’ and ultimately ‘reduced to poverty and vagabondage’ (Lorenzetti 2013, 183), according
to most liberal reformers of this time, the commons were feudal and antiquated remnants of a
bygone age, standing in the way of progress, enlightenment and commerce (Demélas and
Vivier 2003; Congost and Lana 2007), and they celebrated their removal.As a result, nowadays
in Western Europe, the proportion of common land is very much reduced, though significant
remnants still exist in eastern and southern France, south-west Germany, northern Spain and
much of Switzerland, to name but a few places. The negative nineteenth-century liberal and
‘enlightenment’ ideology critical of the role of the commons has had strong support, however,
from certain parts of twentieth-century academia too. The most famous and influential is a
widely cited ‘Tragedy of the Commons’ paper written by ecologist Garrett Hardin (1968) in
an issue of the journal Science. Hardin attacked the commons on an ideological level, warning
us of the dangers of overpopulation and the likelihood that avaricious individuals acting in
their own self-interest would inevitably deplete any finite common resource. These kinds of
views in the 1960s were given much credence, considering that this was a time when
Malthusian explanatory frameworks for how the pre-industrial economy and society operated
were at their most dominant – with great emphasis on the ‘fact’ that finite resources always
were susceptible to over-exploitation, particularly through population pressure.4
The commons of past and present societies have also had their value questioned on a more
indirect level too, through the rise of alternative schools of thought within economics and
economic history.Two of those most detrimental to the cause of the commons were the New
Institutional Economics literature, connected in the first instance to the work of Nobel
Prize–winning scholar Douglass North (see the classic North and Thomas 1973; 1977, esp.
234; also North 1990), and the explicitly Neo-Marxist property-rights approach of Robert
Brenner (1976, 1982), where a clear paradigm came to be established that economic growth
and development went hand in hand with the creation of clear, modern, inalienable property
rights. Indeed, it there is a surprising degree of convergence between both theoretical
approaches, perhaps demonstrated most of all in their shared assumption that the motive
3Of course, this is an idealized description of a system that could offer considerable variation. On the diversity
of fallow field arrangements across Europe, see Hildebrandt (1988, 86–7). In some cases – for example, in Clark
(1998, 73) – the open fields and common fields have been unclearly associated as one and the same thing, which
is incorrect.
4Of course, now no longer seen as ‘fact’, with history showing that ‘natural Malthusian limits’ were rarely
reached (Van Bavel and Thoen 2013, 22).
2Daniel R. Curtis
© 2015 John Wiley & Sons Ltd
structure of interest groups is largely determined by material resources in income, property
and security. Even today, these kinds of theories have credence with some of the biggest
names in economics and economic history, where it has even been argued that the emergence
of modern secure property rights was a significant causal factor in explaining why the
Industrial Revolution happened to occur in England first and not elsewhere in the world
(Landes 1998; Acemoglu and Robinson 2012; Ferguson 2012) and why the early modern
Low Countries came to be the ‘First Modern Economy’ (De Vries and Van der Woude
1997). The basic logic underlying much of the institutionalist literature was that people avoid
investing in property that is insecure or too complex (de Soto 2000). Naturally, this had
repercussions for the wider perception of the commons, which came to be seen as a ‘back-
ward’ form of agricultural organization hindering the emergence of more commercialized
economies (Clark 2001), while a story was established that the progressive triumph of capital-
ist forces was pushed through on top of a definition and enforcement of private property
rights. The revolution in English agriculture, which was comprised of the emergence of more
modern property rights, land consolidation and agrarian capitalism – processes that ultimately
included the gradual dismantlement of the commons – was apparently a necessary precursor
to the eventual Industrial Revolution (Brenner 1976, 68). For Brenner in particular, where
peasant communities were able to resist changes in property relations, including the abolition
of the commons and the expropriation of small peasant property, they were also able to block
the emergence of ‘more efficient’ productive forces and ‘capitalistic’ agriculture and wage
relations in the countryside (1982, 17). Inherent in all these kinds of approaches is the
implication that ‘what is common, brings ruin to us all’: an assumption that there is no chance
for productivity rises as individuals tend not to be willing to invest in a common good. In a
way, this links back to the early literature offered by Garrett Hardin, where it is assumed that
those members of the commons will only take from the resource and not contribute to
increasing it.
In contrast, however, the expropriation and decline of the commons has been presented in
a different light by a recent group of historians, economists and social scientists explicitly
engaging with the New Institutional Economics and Neo-Marxist view on property rights,
but instead putting forward an almost overwhelmingly positive role for the commons, past,
present and future; especially with regard to current concerns over environmental and societal
sustainability (Poteete et al. 2010; Rodgers et al. 2011; De Moor 2012). The key figure
associated with this change from a ‘negative’ to a ‘positive’ narrative over the commons is most
certainly the Nobel Prize–winning literature of Elinor Ostrom, who ultimately has shown
that contrary to the Malthusian inevitabilities extolled in Hardin’s ‘Tragedy of the Commons’
or the inevitable block to economic growth suggested by the traditional New Institutional
Economics literature, the commons were not monolithic or immobile institutions, but could
be adapted flexibly to cater for new economic, political and demographic pressures and
exogenous shocks (1990).As Runge suggested, the persistence of collective institutions such as
the commons over many centuries cannot be seen as the manifestation of backwardness or
‘irrationality’ but as logical adaptations to very particular social environments and contexts
(1986, 632). In a way, the revised positive conception of the commons fits very neatly into a
general revision of the role of ‘modern’, ‘clear’ and private property rights. There are now
many cases identified across pre-industrial Europe of economic growth being achieved simul-
taneous to the establishment and entrenchment of very complex and multi-layered property
rights (Béaur et al. 2013), and accordingly, the assumed link between ‘modern property rights’
and economic development has been met with sharp counter-criticism (Vries 2012; Jones
2013). Essentially, what is now being suggested is this: no form of property right is inherently
Did the Commons Make Rural Societies More Equitable? 3
© 2015 John Wiley & Sons Ltd
or intrinsically ‘better’ than any other, and the effectiveness of property rights and the land
market in general was (and is) determined by being embedded within particular social
contexts (Congost 2003, 90). In that way, the commons were not mired in antiquated feudal
relations but could coexist as active components of commercializing rural economies (Curtis
2012) – just to use one example, in the Ebro River plains and Pyrenees of northern Spain,
common pastures were formally consolidated in the thirteenth century, at the very time that
local and international wool markets began to expand (Pascua Echegaray 2011).
As a result, a dominant ‘positivist’ conception of the commons has emerged in recent years
as a necessary counter to those extolling the virtues of private property forms, where it has in
fact been shown that the commons (sometimes in combination with private property
arrangements) gave pre-industrial societies real identifiable benefits, including the possibility of
negating risks, creating advantageous economies of scale and reducing transaction costs (De
Moor 2008). In the historical context, Tine De Moor in particular has shown how the
commons, in some conditions and circumstances, could be used as an effective institutional
framework for limiting environmental degradation and in turn improving the sustainability of
rural societies and economies (2009, 2010a). Historical cases have been used to show that
when the commons were forced into dysfunction and unravelled, environmental degradation,
in the form of assarting, soil erosion and sand drifts, frequently followed close behind (Van
Zanden 1999). Very recent research has shown the ‘logic’ of persistent operation of the
commons in those areas of the Mediterranean bearing the most fragile of dry soils (Beltrán
Tapia 2014).
Indeed, according to some historians such as Jane Humphries, the benefits of having access
to common rights of pasture were immense – as little as two cows for a commoner in late
eighteenth-century England could have been the equivalent of 6 months’ worth of wages for
a fully employed male agricultural labourer (1990, 23–31). Smallholding peasants in particular
could take advantage of the lowering of transaction costs connected with maintaining flocks
or herds of animals, and many had interests in the collective investments that could be made
into drainage facilities and boundary markers and fences (Tan 2002, 472). Indeed, ‘exclusion
costs’ such as the fencing off of open spaces were often high, and so did not compensate for
any apparent advantages that came with privatization (Iriarte-Goñi and Lana 2013, 131).
Sometimes the economic surplus was simply not high enough to sustain the costs of private
property regimes (Runge 1986). These kinds of arrangements made even more sense when
one considers that access to credit and capital in rural Western Europe in the medieval and
early modern periods was desperately uneven (Briggs 2009; Schofield and Lambrecht 2009;
Zuijderduijn 2009), and particularly distorted for ordinary rural peasant producers looking to
make investments.
Rather than uncontrolled over-exploitation, good practice and management of the
commons was often enforced by the common members themselves (De Moor 2009), and
these social control characteristics were sometimes cheaper than top-down monitoring and
enforcement mechanisms (Laborda Pemán and De Moor 2013, 13). Thus the commons also
frequently acted as an ‘information-enhancing’ institution – dispersing ‘resource knowledge’
across a wider segment of the population (Casari 2007, 220). Formal restrictions were put on
grazing times and numbers, while limitations were put on, for example, the numbers of trees
felled for commercial or private gain (Sommé 1990). In any case, formal institutions such as
‘forest courts’ were frequently set up to examine possible infringements made by commoners
(Hayhoe 2002, 52; Schütte 2004), and sanctioning and punishment of ‘bad practice’ was an
effective tool to deter individual expropriation of collective resources (Tukker 2010). Finally,
the commons have also been shown to have had particular utility for those societies with
4Daniel R. Curtis
© 2015 John Wiley & Sons Ltd
poor or distorted access to commodity markets (Lana 2008, 165), and for peasant societies
across Western Europe, a system that led to protection and predictability rather than surplus
production for volatile and unstable markets was sometimes more valuable (Curtis 2014a, ch.
2) – particularly given that the pre-industrial marketplace offered transaction costs of its own
for rural producers (Hoppenbrouwers and Van Zanden 2001, 22–6).
Of course, further indirect evidence for the significance and importance of the commons
to rural communities across Western Europe in the Middle Ages and the early modern period
is the amount of occasions where we see rural peasants actively defending and attempting to
preserve their perceived common rights to marshes and woodlands in the face of would-be
colonists (Birrell 1987; Monsalvo Antón 2001; Menant 2004; Dyer 2006).The same passionate
defence frequently extended to collective rights and access to water sources too (Heimpel
1963; Devailly 1973, 361; Blickle 1986). In some regions with a strong tradition of freedom,
autonomy and the commons, such as Drenthe in the northern Low Countries, rural commu-
nities were willing to resort to violence to maintain independent control over their collective
resources in the face of perceived outside encroachments and infringements (Te Brake 1981;
Van Bavel 2010).The significance of the commons to many Western European rural commu-
nities can be seen in how vigorously their territorial borders were disputed, particularly in
pastoral transhumant areas such as the mountain areas of northern Spain, where conflicts were
extremely commonplace at an inter-community level (Wickham 1985, 437–51; 2007). In fact,
such was the passionate defence of communities’ rights to common resources, and their fear
of ‘outsider’ expropriation and interference, that commoners often resorted to violent suppres-
sion of non-entitled ‘foreigners’ (Canellas López 1988, 35, 63, 90–2). By the eighteenth and
nineteenth centuries, as governmental revolutionary legislation all across Europe was calling
for the dismantlement of the commons, village communities were standing up in defiance to
these threats (Jones 1985; Vivier 1998; Serrano Alvarez 2014).
Thus it is clear that the commons could function for the theoretical benefit of rural
societies in Western Europe in the Middle Ages and the early modern period, sometimes
lasting all the way up to the late nineteenth century. These benefits could take a variety of
forms from context to context – sometimes economic, sometimes ecological, and sometimes
as a form of risk limitation or protection. It is logical then that a long tradition of scholars
have come to note the increasing expropriation of the commons in the transition to the early
modern period and the emergence of agrarian capitalism, but have lamented the loss of
communal grazing privileges as pushing poor peasants into the ‘abyss’ (Turner 1984; Neeson
1993, 55) and being indicative of an increasing inequality characterizing pre-industrial
Western European societies (Tawney 1912, 234–80). This kind of interpretation found favour
with some of the most influential and significant Marxist historians such as E.P. Thompson
(1968, 233–58; 1993, 97–184), and indeed was a view posited by Marx himself (1987), though
it is certainly not an exclusively Marxist interpretation. Thus, early modern enclosures and
eighteenth- to nineteenth-century government privatization of the commons were not nec-
essarily seen as ‘social progress’, but as acting detrimentally to the interests of the poor, ‘a
primary factor leading to the rural poverty in Andalucía in the 19th century and the conflict-
ridden crisis that has continued to plague this area of Spain’, as just one example (Fernandez
1987, 28). Rather than a ‘positive’ development according to the New Institutional Economics
doctrine, the implicit assumption that common property benefitted poorer households has
fostered an opinion that its abolition damaged the economic position of the poor, removing
their safety net and furthering economic inequality (Hammond and Hammond 1911; Allen
1992). Indeed, such sentiments are typified in the view that ‘village communitarianism was
often beneficial for the poor and the needy of the community, and it discouraged the growth
Did the Commons Make Rural Societies More Equitable? 5
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of economic inequality and the concentration of wealth if a few hands’ (Hopcroft 1994,
1581), and ‘a communal system, and a strong communitarian spirit, meant that the poor were
always provided for so that none were completely without means of survival’ (Hopcroft 1999,
51). In more recent years, this strand of thinking has been given further credence by recent
literature on contemporary commons in developing countries, where it is suggested that the
rural poor are ‘disproportionately dependent’ on common-pool resources (Baland and Platteau
1996; Beck and Nesmith 2001, 119; Jodha 2001).
Did the commons really offer such a lifeline and welfare option to the very poor of
Western European rural societies, however – did they make societies more ‘equitable’ or
compensate for economic inequalities maintained elsewhere? Was their expropriation an
obvious sign that Western Europe was becoming more unequal in the transition to the early
modern period and beyond? These are pertinent questions because it is well known now
across late medieval and early modern Western Europe that village communities were rarely
homogenous pools of peasants, but were highly stratified both socially and economically
(Menant and Jessenne 2007; Aparisi and Royo 2013). It was even the opinion of a long and
significant paper by Bruce Campbell, in the journal Past and Present, that the economic and
demographic crises seen across Western Europe in the late Middle Ages were compounded
not by lordly extraction from subordinates but through tenant-on-tenant extortion – essen-
tially emphasizing the sharp internal hierarchies that had also been forged within the ranks of
the ‘common folk’ themselves (2005). Many more ‘prosperous’ peasants acted to the detriment
of their poorer neighbours. Thus, accordingly, if the commons did provide such benefits to
medieval and early modern societies as identified above, a logical question to ask is: to what
kind of people? How far down the social hierarchy did these benefits extend? Did their social
distribution change over time? The point being made here is that if we are to lament the loss
of the commons as entirely indicative of increased inequality within Western European rural
societies and the general worsening position of the poor, the commons must have been easily
and well accessible to the poorer sections of society in the first place. But was this the case?
A COMMONS FOR ALL? CONTEXTUALIZING THE COMMONS
From a survey of a broad range of literature on the medieval and early modern commons
across Western Europe, the best answers to the questions posed in the paragraph above are as
follows. On occasion, the commons do appear to have supported a more ‘equitable’ economic
exploitation of resources, bestowing great benefits even to the very poorest of rural society.
More often the case, though, it is clear from the literature now that the benefits of the
commons did not descend upon each inhabitant of a rural community in equal measure all
the time – far from it. It has now been established by the likes of Ostrom on a theoretical
level, and confirmed by De Moor and Leigh Shaw-Taylor on a more empirical and historical
level, that the commons were rarely ‘open access’ or a complete ‘free for all’ as conceived of
by Hardin, and cannot simply be seen as some form of ‘primitive communism’. Just as private
property forms work to the exclusion of others, so too did collective property forms. Some-
times, a wider pool of inhabitants did have access to the benefits of the commons, but then
over time, as pressure on resources increased, the criteria for entry into the commons became
more exclusive and more restricted. Particularly in the transition from the late Middle Ages to
the early modern period, the lines of demarcation as to who was really considered to be a
‘member of the community’ and who was not became sharper. Ultimately, as is shown in a
compilation of the evidence across medieval and early modern Western Europe below, the
commons rarely could make rural societies ‘more equitable’ just through their mere presence
6Daniel R. Curtis
© 2015 John Wiley & Sons Ltd
alone, even if they could offer a basic lifeline in meagre rights to the most impoverished and
needy within rural society. Indeed, a society with extensive common land was not necessarily
more egalitarian or offered more support to the poor than a society with limited or no
commons – at least not inevitably. The economic and ecological benefits of the commons and
their social distribution depended on the social context into which they were embedded,
dictated by specific arrangements in the negotiation of power between interest groups, the
strength or weakness of family, feudal and territorial relationships, and the extra-economic
demands put on rural communities, as well as being shaped by exogenous pressures such as
demographic growth and commercialization.
One of the clearest works of support for the ideas presented above comes from a very
recent paper, making systematic and explicit use of comparisons between medieval and early
modern rural societies in Western Europe. According to Maïka de Keyzer, it is indeed posited
that ‘when a wide variety of interest communities were able to create a balanced distribution
of power, inclusive access rights could be maintained. Imbalanced distributions of power,
where one particular group was able to monopolise the village and/or the government of the
institution . . . led to restrictive access regimes’ (2013a, 521). What De Keyzer goes on to
show is that the social distribution of the benefits of the commons could be quite diverse and
could vary between rural societies. In the Campine region of Brabant (southern Low Coun-
tries) from the thirteenth to the sixteenth centuries, a fragile yet ecologically balanced form of
mixed farming was established, and supported by a persistent system of commons rights over
arable, pastures and heaths. This was one case where the social distribution of the benefits to
the commons was highly equitable and descended far down the social hierarchy (De Keyzer
2013b). While in other regions of Europe rights to the commons could be attached to
privileged farms or families (Saavedra 1992, 68; Hoppenbrouwers 2002), acceptance or inte-
gration into the community (Floristán Imízcoz 1985; Izquierdo Martín 2001, 67), through
payments of fees or licenses, or directly linked to landholding or livestock ownership (de
Brandao 1994, 45–90), access to the commons in the Campine was open to almost all
inhabitants of the villages, regardless of socio-economic status, excluding only urban citizens,
vagrants and very recent immigrants. In one village, Zandhoven, it was noted that nearly all of
the 80 registered households were recorded as being active users of the commons. This was
not the case of the commons themselves offering higher levels of equality to rural society, but
instead of the commons having more ‘equitable features’ as a result of being embedded within
a very particular socio-political context. In the Campine, rural communities had strong rights
to land, political representation and freedoms from feudal dues, and when coupled with a
highly balanced distribution of power between interest groups (tenant farmers, independent
peasants and cottagers on a local level, and a special triangular balance between seigneurial
lords, territorial lords and urban governments on a broader level),5a (relatively) peaceful
equilibrium of stakeholders acquiring sufficient benefits from the commons could emerge
(Van Onacker 2013a,b). As suggested by literature on the contemporary commons (Varughese
and Ostrom 2001), heterogeneous societies with a number of different social stratifications did
not necessarily have commons that were more likely to fail. More important was the precise
context in which this heterogeneity existed (Poteete and Ostrom 2004, 453).
More ‘inclusive’ common regimes did occur elsewhere in Europe. For example, the
wastelands bought by the Council of Jerez de la Frontera from King Phillip II in 1588
apparently had forest-use rights attainable for all inhabitants of Jerez (Andalusia), regardless of
property ownership or kinship networks, and no entrance fees ever appeared in sources
5See the colonization context that created this situation in Steurs (1982).
Did the Commons Make Rural Societies More Equitable? 7
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(Jiménez-Blanco 1996). Elsewhere, in the eighteenth-century Bardenas commons of Navarra
(northern Spain), the resources were also more ‘open access’ in the sense that all one had to
do to obtain access rights was be an ‘inhabitant’ of one of the 22 municipalities included, and
the only barrier for entry was an entrance fee for stockbreeders (Floristán Samanes 1949;
Urmeneta and Ferrer 2009). In many parts of Scandinavia, where the population pressure on
large forested areas was persistently low, there was also more often a trend towards a ‘less
exclusive’ regime of access rights to the benefits of the commons (Sundberg 2002).
As De Keyzer goes on to show, however, the other extreme was more frequently the norm
across Western Europe. Elsewhere, the commons did not generally support a wide social
distribution of benefits in many rural contexts – as seen from her other two cases in the
Brecklands of East Anglia (England) and the ‘Geest’ region of Schleswig-Holstein (northern
Germany). In the Brecklands, access to the rights of common pasture before the Black Death
was already dictated by manorial lords, who granted these lands out to smaller tenants
through a fold-course system (Bailey 1989, 1990). Lords did not need to exclude tenants
because they benefitted in turn from steady streams of rents and feudal dues. It was only after
the Black Death, when population decline and international markets dictated a move towards
more capital-intensive pastoral farming, that the lords began to monopolize sheep ownership,
depriving tenants of the right to keep sheep or enclose their own land (Whyte 2011). In
other words, this became a system whereby lords enforced common grazing rights and tenants
were in no position to withdraw their land from the collective system. Elsewhere, in the
Geest region of northern Germany, the commons within a village tended to belong to a fairly
homogenous group of medium-sized independent peasant farmers, holding on average around
15 hectares of land each, who had secured strong property rights, privileges and political
representation on the basis of their favourable colonization process, and where feudal lordship
was weak due to the difficulty of getting people to settle in the inhospitable environment in
the first place (Lange 2003; Rasmussen 2010). The commons here supported a regime of
mixed farming, given the limitations of the sandy infertile soils, and thus the dominant
medium-sized farmers (the Hüfner) made sure they were in charge of the relevant by-laws and
reserved the best rights for themselves (Rheinheimer 1999).After a level of land consolidation
and accumulation by these farmers in the fifteenth and sixteenth centuries, however, a
by-product was the inevitable appearance of a larger group of poor landless labourers. The
Hüfner therefore installed stronger measures to keep the benefits of the commons restricted to
themselves (Poulsen 1999), discouraging immigrants, and prohibiting the construction of new
cottages on ‘old lands’ and the commons (De Keyzer 2013a, 535).
Rights of common up to the high Middle Ages may have helped support the very poorest
of rural societies eke out a precarious living, as seen in the hunting and fishing rights in the
early medieval marshes and woodlands of the Po Valley of northern Italy (Fumagalli 1974,
62–3; Montanari 1979, 34–5, 48–9, 267–70), but later in the Middle Ages they came increas-
ingly under attack from reclamations and expropriation into private plots (Comino 1992; Rao
2006; Alfani 2011). After the formalization of collective institutions for resource management
in the twelfth and thirteenth centuries, the trend across Western Europe generally was one of
increasing inequality in spite of the presence of the commons (see, e.g., Bekar and Reed
2013) – and the commons even became an ‘arena’ through which this inequality could be
manifested and established. In some cases, those lower down the social hierarchy could
theoretically enjoy the benefits of access to the commons in terms of grazing, but in practice
were not able: if only a select few interest groups owned all the herds of cows or sheep, only
a select part of society would in practice benefit from optimal functioning of the commons
(De Moor 2009, 17). Indeed, this kind of situation was frequently seen on some of the baldíos
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of Castille, where the only social groups with enough livestock to ‘fully’ take advantage of the
commons were the aristocracy and local elite farmers: curiously, it was these commons with
polarized usage that actually were the ones that were least attractive for investors and thus the
most difficult to privatize during the great sixteenth-century sale (Marcos Martín 2013, 118).
The problems of such inequality were also explicitly recognized by the small peasants of
fourteenth-century Vilafamés, in the northern parts of the Kingdom of Valencia, where these
smallholding inhabitants complained against contributing to the universitas tax payable to the
lord of Montesa on the grounds that only a limited number of rural elites were truly
benefitting from access to the communal pastures (Royo 2013, 94). In turn, situations such as
these could also work detrimentally to the future sustainability of the commons as an institu-
tion, a low participation rate bringing with it associated problems in regulation and invest-
ment (as in more contemporary situations: Trawick 2001; Bankoff 2007). The same type of
story, with strong parallels, has been told with regard to the effective functioning of water
management institutions (another possible form of institution for collective action) in the late
medieval and early modern Low Countries and northern Italy; the polarization of landown-
ership, frequently becoming absentee, lessening the amount of stakeholders with the propen-
sity to invest labour, time and funds in a sustainable ecosystem (Soens 2011; Campopiano
2013; Curtis and Campopiano 2014).
Resource users differ in their ability to use the commons, and are not inevitably partners
pursuing the same economic strategies. Although a slight exaggeration, there is much truth in
Meg McKean’s point that ‘in common property systems everywhere . . . entitlement to
products of the commons was almost always based on private holdings and thus reproduced
the inequality in private wealth’ (McKean 1992, 262). Even commons that were more ‘open
access’ in that they were open to most residents were still stratified in the extent of usage
rights – which were directly proportional to wealth, as seen in early modern común de vecinos
of Navarra (Lana 2008, 175). This point is also validated in reverse by the eighteenth- and
nineteenth-century privatization process of common lands seen in Westphalia and Baden,
where allotments to newly privatized lands were determined by vested use rights rather than
‘informal use practices’, in the process replicating the inequalities seen in the earlier commons
in the new property structure – a minority of long-resident elite peasants receiving the
majority of the land, while the smaller peasants and wage labourers were often left empty
handed (Grüne 2013, 159).
Thus, in more places than not in medieval Western Europe, the commons were restrictive
and exclusive to certain social groups.They were as much about keeping members out as they
were about defining who was a member (Netting 1997, 31). Although talking about the
common field system and not common grazing when writing, ‘Communal control of limited
resources rested not in the hands of all inhabitants nor, with exceptions, even in those of all
heads of households. The assembly of cultivators was everywhere dominated, if not monopo-
lized, by the better off peasants’, Hoffman’s point remains entirely relevant to the argumenta-
tion offered in this paper about common rights to wastes (1975, 62). And in the transition to
the early modern period, such trends only intensified – possibly under heightened pressures of
degradation and commercialization (De Moor 2009, 6). The transition over time was very
clear in some of the Alpine regions of northern Italy, where it has been shown that the
restriction of the benefits of the commons to specific groups within the mountain commu-
nities only became sharper in the early modern period (Tagliapietra 2011). The same process
was seen on the Po plains too, as maintenance of the rights to the commons came to be of
such concern to rural households in the sixteenth- and seventeenth centuries that a trend
towards endogamous marriages between those of the ‘Bocca Viva’ (those holding superior
Did the Commons Make Rural Societies More Equitable? 9
© 2015 John Wiley & Sons Ltd
rights in the commons) came into being – confirming and crystallizing these collective rights
through restricted kinships networks and inheritance (Alfani 2011, 58–9). Such concerns
about access to the commons may even have extended to decisions to select godparents for
children (Alfani 2009).
Rights to the commons were not set in stone, but were easily adapted to changing
circumstances. Indeed, in parts of Campania, in the Kingdom of Naples, documents have
shown that access to the commons came under ‘official’ review every 9 years by an elite
committee of massari (large farmers or stewards of farms) and bracciali (peasant farmers), and
was often redistributed according to economic, demographic and environmental changes
(Villari 1977, 84–5).6In the context of late sixteenth- and early seventeenth-century popula-
tion pressure in Cambridgeshire, in central England, many new households without land built
on to the common or on to other tenants’ lands were not given common rights at all
(Spufford 1974, 21, 133), and it was generally across Western Europe from the sixteenth
century onwards that more explicit distinctions were made between dwellings with and
dwellings without common rights (De Moor et al. 2002b, 254). Indeed, in an important paper
in the journal Past and Present, Shaw-Taylor empirically confirmed that the so-called ‘travesty’
of loss of common rights through enclosures in England actually was not so disastrous for the
agricultural labouring poor after all – ‘most labourers did not have common rights’ – and the
rights they did have were meagre compared to the more prosperous farmers (Shaw-Taylor
2001, 125).
Furthermore, early modern commons did not just restrict specific groups within the
community, but the boundaries between communities also became a greater point of conten-
tion, as ‘original’ inhabitants became more fearful of ‘foreign’ incomers (Rao 2011). Move-
ments within communities came to be more closed and more endogamous, to safeguard the
integrity of the common resources (Casari and Lisciandra 2011, 30). Thus inequality could at
times also increase on a supra-village or regional level. Admittedly, on a few occasions, the
exclusive management of the commons was relaxed and loosened to allow ‘non-members’ the
rights to benefit from the collective resources, such as in the Flemish common described by
De Moor, where outsiders were permitted before the mid-eighteenth century to pasture
animals (when population pressure was low), or in the forests of mountainous eastern Tuscany,
where wealthy Florentines in the fourteenth- and fifteenth centuries were allowed to add
their flocks and herds to the local grazing animals (De Moor 2009; Curtis 2012). It must be
said that in both cases nonetheless, extremely high fees were charged for these privileges.
Ultimately, in most cases the commons did little to prevent further inequalities, instead
often being the indirect vehicle through which inequality came to be further established in a
society. One excellent example of this process in action was the long-term development of
the large-scale transhumant collective form of sheep farming seen in the mountains of the
Abruzzo and the plains of the Tavoliere in northern Apulia. Formal crystallization of this
through the Royal Customhouse (the Regia Dogana) only came in the fifteenth century,
though large-scale transhumance undoubtedly had taken place in the region going all the way
back intermittently to the Roman period (Roselaar 2010), and this collective institution
remained in place until its privatization under state reform in 1806. The ecological rationale
behind this common was to create a balance between arable and pastoral land on the plains of
northern Apulia, and the results of limiting cultivation and avoiding over-intensive exploita-
6At times, massari could be stewards of estates with hundreds of hectares. The term bracciali also includes
agricultural labourers without land in certain parts of southern Italy, but only those with land (usually more than
10 hectares) were part of the committee on the commons.
10 Daniel R. Curtis
© 2015 John Wiley & Sons Ltd
tion were clear – some of this soil had the highest fertility in the whole of the Italian
Peninsula (Marino 1988). However, the collective institution itself also allowed crystallization
and perpetuation of imbalanced and inequitable power relations – in effect, it was the very
tool that legitimized close Neapolitan state control of the regional economy. In the interests
of taxation, the distant government of Naples favoured large landowners on the plains and
those with larger flocks, and therefore they were given access to the best grazing lands
(Nardella 1990). In some cases, the state on occasion supported expropriation of small culti-
vators – reintegrating the land as part of larger pastoral complexes (Altobella and Muscio
1997, 40–3). This was in contrast to the Neapolitan belief in the Royal Customhouse as a
tool for ‘pacifying’ the countryside and promoting harmony between the collective whole of
social groups through balanced justice and good government (Marino 1993, 232–3). As has
been demonstrated in recent literature, the collective system of agriculture in this part of
southern Italy worked simultaneously with an extreme level of social and economic inequality
– especially by the eighteenth century (Curtis 2013). Many other commons across the south
tended to be influenced in similar ways by ‘outside’ forces and interests, partly connected to
the long-term persistence of their ‘feudal’ character (Bulgarelli Lukacs 2011).
Much of the evidence presented above shows that the mere presence of the commons did
not necessarily make pre-industrial rural societies more equitable by virtue of their skewed
social distribution in access rights, but perhaps the point should not be pushed to extremes.
The commons were not always entirely the tools of elite elements of rural society. For
example, in medieval Alsace and Béarn (France), powerful manorial lords did explicitly nego-
tiate with their peasant communities about forming the by-laws (Warde 2003, 70). Further-
more, the laying down, organization and operation of the common arable fields, and the
boundaries of common pastures and wastes, was a process born out of negotiation between
villagers (represented sometimes by formalized communes) and lords (Bierbrauer 1991). And
elite groups were not always successful in manipulating the workings of the commons for
their own ends: seigniorial lords’ attempts to seize the commons in some cases, such as the
early modern Haute-Marne region of the eastern Champagne area of France, led to formal
challenges from rural communities in courts (Clère 1988). In some societies, such as in the
Betuwe region of the Central Dutch River Area, where a precondition of entry into the
commons was ownership of one of the houses (generally close to the village green known as
the brink) tied to old inheritance rights (Koch and Maris 1949; Van Bavel 1999), local
inhabitants began to protest to magistrates at their increasing exclusion (Curtis 2014b). These
appeals were sometimes, though not always, upheld.
Furthermore, although the commons in themselves could not directly increase the
equitability of medieval and early modern Western European rural societies through their own
internal functioning, as has been consistently argued throughout this section of the paper so
far, it must be noted that their basic existence could at least prevent further inequalities in a
more indirect way. Of course, from the late Middle Ages onwards, the commons increasingly
came to be expropriated and parcelled out – often as a function of the incessant indebtedness
of the rural communes (Curtis 2014b). However, in some cases, it can be said that the
commons did serve to limit or prevent further polarization of landownership in the country-
side, by acting as a complex jurisdictional barrier that any potential urban investor had to get
around if he wanted to accumulate more private property in the rural hinterlands. Indeed, it
has been suggested in recent scholarship that both feudal and collective rights to resources
often posed an institutional block to the transfer of land by disrupting the emergence of fluid
and flexible land and lease markets (Whittle 2000, 305–6; Feller 2003; Van Bavel 2003, 130–1;
Brakensiek 2004; Van Bavel 2008; Congost and Santos 2010, 15–23) – ultimately, the kinds of
Did the Commons Make Rural Societies More Equitable? 11
© 2015 John Wiley & Sons Ltd
factor markets that may have been one explanatory variable for accentuating economic
inequality between peasants (Bekar and Reed 2013). So to use but one example, during the
fourteenth and fifteenth centuries both powerful institutions and wealthy burgers from the
city of Florence began to accumulate expropriated land from peasants in the nearby rural
contado (Curtis 2012, 482–3). During this process, some of the remaining commons were
eroded to make way for new consolidated sharecropping farms (de la Roncière 1997). The
Florentine state also began to crystallize territorial jurisdiction over land in the more distant
distretto; for example, in the mountains and valleys to the east of Florence, such as the
Casentino region. However, notarial charters used to trace the workings of the Florentine
land market show little sign of urban landownership in these Appennine mountains to the
east and north (Cohn 1999, 22–4). Rural producers here kept land in their own hands – over
half the households in the Casentino in the 1427 Florentine Catasto were small-scale peasant
producers who owned their own land, and the Gini index for inequality in taxable property
distribution here was 0.58 (very low in relation to other rural regions of medieval and early
modern Western Europe) (Curtis 2012, 482).7Much of this persistence in peasant property
ownership is down to the dominance of the commons in these regions, which proved to be
complicated and troublesome barriers for potential urban investors to overcome.8Further-
more, the commons were used by a balance of social interest groups who were highly
antithetical to the interests of the Florentine government – particularly local feudal lords
(Pirillo 2001; Bicchierai 2005, 115). Indeed, the signori recognized the benefits of maintaining
amicable relations with the rural communities, going as far as to grant mountain villagers
their own control over the collective operation and regulation of the forests (Zagnoni 2007).
Villagers came to cling on tightly to their highly prized communal rights over pastures and
woodlands (Bicchierai 2007), preventing sales to outside parties and assarting, and thereby at
least ‘indirectly’ maintaining higher levels of equality by preventing or disrupting outside
incursions from wealthy urbanites.
CONCLUSION: THE COMMONS AS THE VEHICLE FOR INEQUALITY?
Although institutionally formalized in the high Middle Ages, by the late medieval period and
certainly the early modern period the commons were being eroded away through sale and
expropriation. The point made in this paper, however, is that even within those societies that
managed to retain large parts of their commons over the long term, they were not necessarily
more equitable than in societies without commons. Indeed, as argued recently by Jose Miguel
Lana, the commons tended to be based on notions of ‘equilibrium’ (social and ecological), not
‘equity’ (in an economic sense) (Lana 2008). The commons had no real powers of egalitarian
redistribution in themselves: their mere presence could not make societies more equitable –
only sometimes in an indirect way, as noted in the above paragraph, by proving to be an
obstacle for absentee land consolidation. The redistribution of polarities in wealth and
resources was not their function for most rural societies. Indeed, although it was possible, as in
the case of the Campine, for all the known benefits of the commons to be distributed far
down the social hierarchy, to include even the poorest cottagers, the more frequent situation
was that the commons were used by more powerful interest groups (in what were already
7‘One’ on the Gini index represents total inequality (all the resources in the hands of one person/institution),
while ‘zero’ on the Gini index represents total equality (all the resources shared equally between all persons/
institutions).
8Other issues that may have put off urban investors, such as distance from urban centres and poor-quality land,
have been convincingly rejected in Curtis (2012).
12 Daniel R. Curtis
© 2015 John Wiley & Sons Ltd
heavily stratified communities) to further or entrench their own positions, sometimes in direct
detriment to the poorer members of the village. As time went on, in a context of further
environmental degradation and commercialization, it eventually became necessary to change
and adapt the rules governing the commons – making them more exclusive and more heavily
restricted.
Thus, as a corrective to those lamenting the expropriation of the commons or those
over-emphasizing their theoretical benefits without proper attention to their social context,
the erosion of the commons that started from the late Middle Ages onwards in some parts of
Western Europe did not inevitably increase inequality, because the commons themselves were
never about enhancing equitable distribution of resources. In fact, the commons were some-
times actually one of the vehicles or mediums for manifesting or crystallizing this inequality,
depending on the social context. In some contexts, it is clear that the many identified benefits
of the commons could reach down the social hierarchy and help even the very poorest in
society to eke out a miserly living; yet in other contexts the commons, as a malleable
institution, could just as easily be shaped to the interests of more powerful groups and elites –
in the process, possibly detrimental to the poorest within society. In many cases, the commons
even supported both outcomes simultaneously: giving the very poor a small package of rights
as a contribution to meagre subsistence (as in the right to hunt and take wood), yet at the
same time entrenching a dominant position of those with access to ‘better’ rights (especially
with regard to grazing).9Perhaps with the very basic rights to hunt and fish, the commons
did indeed prevent the most impoverished rural folk from falling into the ‘abyss’ completely,
the final form of rural welfare, but they most certainly did not compensate for inequalities
manifested more generally within rural pre-industrial societies.
In that way, the commons are evidence of what has already been suggested in much
broader theoretical literature, that institutions do not work inevitably to the highest level of
efficiency or ‘rationality’ or serve the best interests of ‘wider society’, but are adapted (or
remain persistent, as is often the case) to serving the needs of dominant interest groups with
the highest levels of bargaining power (Ensminger 1996). Essentially, the commons as an
institution had no direct powers of redistribution – and no agency in themselves to make
society more or less equitable.Their powers were entirely dictated by the social context, and
dependent on the layers of power and social relations on top of which they were placed.
Therefore, any argument about the superiority of the market, the state, private property or
collective property for developments such as economic growth or economic inequality is
ultimately meaningless. None of these methods of resource management has any inherent or
intrinsic value – they are ‘blank slates’ and will simply work more or less effectively according
to being embedded within a deeper contextualized set of social relations.
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... As such, it consists of three elements: a (natural) wealth/ resource, a community with shared values and practices, and peer governance (Bollier and Helfrich, 2014). However, the commons have no guarantee for entirely equitable distributions of social benefits, as historical examples show (Bravo and De Moor, 2008;Curtis, 2016). Curtis (2016) and Bravo and De Moor (2008) explain that historical commons were often in the hands of powerful groups and only ensured an equilibrium of the ecological system. ...
... However, the commons have no guarantee for entirely equitable distributions of social benefits, as historical examples show (Bravo and De Moor, 2008;Curtis, 2016). Curtis (2016) and Bravo and De Moor (2008) explain that historical commons were often in the hands of powerful groups and only ensured an equilibrium of the ecological system. Bravo and De Moor (2008) note that in the 18th and 19th centuries equality became central in the revised meaning of communities around commons. ...
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... Studies of current participatory development projects have also shows that hierarchies are played out under the cover of cooperation, and that dissensus is concealed to promote consensus, so called fetischi sation of consensus. It has also been pointed out that communication of egality was a mode used by the forest peasants to handle social relations within their local communities, and there are archaeological examples showing hierarchy and dependency also within the communities of the forest peasants (CURTIS 2016;JOHANSSON 1994:20-22;KAPOOR 2005;LAGERSTEDT 2004). ...
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In this article we analyse the root causes of the high level of resilience of one particular peasant society: the Campine area. While peasant societies have often been deemed one of the most vulnerable societies in the face of crises and disasters, because of their lack of capital, technology and power, we show that peasant communities possessed some important weapons of the weak. Thanks to strong property rights, collective action, a diverse economic portfolio and inclusive poor relief institutions the Campine peasants were able to weather both the late medieval crises, harvest failures as well as the threat of sand drifts between the fourteenth and nineteenth century.
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Les propriétés des communes ont été l’objet de querelles interminables. Au xviie siècle, temps de la montée de l’individualisme agraire, elles acquièrent la réputation d’inutilité et d’improductivité. Depuis lors, le communal a toujours été stigmatisé, érigé en symbole de l’archaïsme des petits paysans cramponnés à leurs usages collectifs. Loin de cette schématisation, Nadine Vivier met en évidence la diversité des attitudes régionales. Refusant de réduire les biens communaux à une simple question économique, elle analyse l’attachement des villageois aux coutumes locales, et elle retrace la succession des enjeux dont ils sont l’objet. Enjeu social lorsque, sous Louis XV, ils sont déclarés patrimoine du pauvre, afin de fixer les miséreux dans les campagnes. Puis la Révolution en fait aussi un enjeu politique. À travers tout le xixe siècle, la propriété collective se maintient, patrimoine nécessaire à l’autonomie de communautés face au pouvoir central, à leur maîtrise de l’espace et à la conscience de leur identité.
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This is one of the most important and original contributions to English rural history to be published in the past generation. Winner of the Whitfield Prize of the Royal Historical Society in 1994, Commoners challenges the view that England had no peasantry or that it had disappeared before industrialization: rather it shows that common rights and petty landholding shaped social relations in English villages, and that their loss at enclosure sharpened social antagonisms and imprinted on popular culture a pervasive sense of loss.
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This book offers a comprehensive approach to the study of the political history of the Renaissance: its analysis of government is embedded in the context of geography and social conflict. Instead of the usual institutional history, it examines the Florentine state from the mountainous periphery - a periphery both of geography and class - where Florence met its most strenuous opposition to territorial incorporation. Yet, far from being acted upon, Florence's highlanders were instrumental in changing the attitudes of the Florentine ruling class: the city began to see its own self-interest as intertwined with that of its region and the welfare of its rural subjects at the beginning of the fifteenth century. Contemporaries either remained silent or purposely obscured the reasons for this change, which rested on widespread and successful peasant uprisings across the mountainous periphery of the Florentine state, hitherto unrecorded by historians.
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A theory of the margin has long featured in the work of medieval historians. Marginal regions are taken to be those of poor soil or geographical remoteness, where farmers experienced particular difficulties in grain production. It is argued that such regions were cultivated only when demographic pressure intensified in the thirteenth century, but that a combination of soil exhaustion and demographic decline resulted in severe economic contraction by the end of the fourteenth century. Marginal regions are seen not just as sensitive barometers of economic change but as important catalysts in that change. Despite the importance placed by historians on the general theory of the margin, this book represents the first detailed study of a 'marginal region'. It focuses upon East Anglian Breckland, whose blowing sands are among the most barren soils in lowland England. Drawing upon a wide range of sources, this study reconstructs Breckland's late medieval economy, and shows it to be more diversified and resilient than the stereotype depicted in marginal theory.
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This book is a detailed history of the economic, educational and religious life of three contrasting communities, Chippenham, Orwell and Willingham in Cambridgeshire from 1525 to 1700. The three villages had very difference economic settings, in which the pattern of landholding changed over this period and the general and particular reasons for the changes that took place. The study also covers the educational opportunities open to the villagers, and examines religious affairs, the effect on peasant communities of the Reformation and the disturbance in the devotional life of the ordinary villager, which often culminated in dissent and disruption under the Commonwealth. Dr Spufford has penetrated into the social life of the English village at all levels, and with fascinating detail has created a whole social universe around her villagers or a 'picture in the round' view. The book will be invaluable to economic, social, and ecclesiastical historians of England in the sixteenth and seventeenth centuries, as well as historians of Britain generally, and those with a special interest in Cambridgeshire.
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This is a study of rural society, with particular reference to the peasantry. It focuses on an area of France which is defined as the southern Massif Central, the four departments forming the southern perimeter of the highland plateau of central France, and spans a century which marked the apogee of peasant civilisation in this region and which witnessed the revolutions of 1789 and 1848. The book adopts a broadly cultural definition of the peasantry, and offers a comprehensive account of the rhythms of rural life over some three or four generations. However, the main emphasis is on the political responses of the peasantry in an age of revolutionary experimentation with democratic institutions. As such the book is a social history of political behaviour at the grass roots.