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Evesham Custom

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The Evesham Custom is a distinctive form of customary leasehold tenure used in the market gardens of Evesham , Worcestershire . It is the most well-known of a number of former local practises , such as the Ulster Custom and North Lincolnshire Custom. The underlying principle of such customs was that the tenant could be granted compensation for any improvements they made to the land they leased, since the common law did not provide any such protection.

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39-540: Local customs supplementary to the usual law of leases, such as the Evesham Custom, were seen as having existed over generations in particular areas, being defined as something "to which the memory of man runneth not to the contrary". In the case of Evesham, the custom provided not only a lifetime security of tenure (in a period when market garden leases were generally from year to year, traditionally renewable at Michaelmas ) and allowed certain improvements to be made without

78-453: A Pennsylvania Dutchman named Andrew Pontius moved his family to neighboring Snyder County to farm. When his farm prospered, he decided to hire a tenant farmer to help. On his way to Lancaster to hire a German immigrant, he stopped in Harrisburg for the night where he met a young Englishman named Archibald Hunter, who was offered the job. The contract that was drawn for employment contained

117-631: A "tenant right of renewing", and that a similarly archaic form of copyhold tenure was found in Shipston-on-Stour on land belonging to the Dean and Chapter of Worcester . Both had survived in areas where large estates had to manage many small tenancies, as in Evesham, and it is possible that a similar local tradition was the source of the rights enjoyed by the Vale of Evesham's market gardeners. Another view states that

156-458: A blackberry bush, cursing the fruit as he fell. According to an old legend, blackberries should not be picked after this date (see above). In Yorkshire , it is said that the devil spat on them. According to Morrell (1977), this old legend is well known in all parts of Great Britain , even as far north as the Orkney Islands . In Cornwall, a similar legend prevails; however, the saying goes that

195-545: A clause specifying their accounts were to be settled each year on the traditional day to do so, 29 September. When that day came, Hunter appeared at Pontius' door with his accounts and a goose, explaining that in England, eating a goose on 29 September brought good luck. The tradition spread to nearby Lewistown, Pennsylvania , where it is still honored today with many local restaurants and civics groups offering goose dinners, local festivals, and other county-wide activities. In honor of

234-580: A day for the issuing or settling of contracts or other legal transactions. On the Isle of Skye , Scotland, a procession was held. One of the few flowers left around at this time of year is the Michaelmas daisy (also known as asters ). Hence the rhyme: "The Michaelmas daisies, among dead weeds, Bloom for St Michael's valorous deeds ..." In Ireland, ( Irish : Fómhar na nGéanna ), pilgrimages to holy wells associated with St Michael took place, with pilgrims taking

273-457: A drink from the holy water from the well. The greeting "May Michaelmas féinín on you" was traditional. Boys born on this day were often christened Michael or Micheál. In Tramore , County Waterford, a procession with an effigy of St Michael, called the Micilín, was brought through the town to the shore to mark the end of the fishing season. In Irish folklore, clear weather on Michaelmas was a portent of

312-423: A long winter, "Michaelmas Day be bright and clear there will be two 'Winters' in the year." A traditional meal for the day includes goose known as a stubble-goose (one prepared around harvest time, fattened on the stubble fields ) also known as an embling or rucklety goose. There was a saying that "if you eat goose on Michaelmas Day you will never lack money all year". Tenant farmers sometimes presented

351-644: A special bread or cake, called Sruthan Mhìcheil ( Scottish Gaelic pronunciation: [ˈs̪t̪ɾu.an ˈviːçal] ), St. Michael's bannock , or Michaelmas bannock , on the eve of the Feast of Saint Michael, the Archangel, probably originated in the Hebrides. The bread was made from equal parts of barley, oats, and rye without using any metal implements. In remembrance of absent friends or those who had died, special Struans , blessed at an early morning Mass, were given to

390-550: Is associated in the northern hemisphere with the beginning of autumn and the shortening of days. It was also one of the English , Welsh , and Irish quarter days , when accounts had to be settled. On manors, it was the day when a reeve was elected from the peasants. Michaelmas hiring fairs were held at the end of September or beginning of October. The day was also considered a "gale day" in Ireland when rent would be due, as well as

429-546: Is considered ill-advised to eat them after 11 October (Old Michaelmas Day according to the Julian Calendar ), a Michaelmas pie is made from the last of the season. In Ireland, the soiling of blackberries is also attributed to a púca . In the Roman Catholic Church on 29 September three Archangels are celebrated: Saint Michael, Saint Gabriel, and Saint Raphael. Their feasts were unified in one common day during

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468-530: Is used in the extended sense of autumn, as the name of the first term of the academic year, which begins at this time, at various educational institutions in the United Kingdom, Ireland and those parts of the Commonwealth in the northern hemisphere. These include the universities of Cambridge , London, Durham , Lancaster , Oxford , Swansea , and Dublin . However, the ancient Scottish universities used

507-546: The Agricultural Holdings Act 1986 , but on the introduction of the Agricultural Tenancies Act 1995 , it was required to create a special exclusion to ensure the continued working of the Evesham Custom, as otherwise an outgoing tenant would not be able to offer a tenancy to an incomer on equivalent terms and security. Although the number of market gardens in the Vale of Evesham has declined sharply since

546-584: The Archangel Michael is considered as the greatest of all the angels; being particularly honored for defeating the devil in the war in heaven . The name Michaelmas comes from a shortening of "Michael's Mass", in the same style as Christmas (Christ's Mass) and Candlemas (Candle Mass, the Mass where traditionally the candles to be used throughout the year would be blessed). During the Middle Ages , Michaelmas

585-664: The Feast of the Archangels , or the Feast of Saint Michael and All Angels ) is a Christian festival observed in many Western Christian liturgical calendars on 29 September, and on 8 November in the Eastern Christian traditions. Michaelmas has been one of the four quarter days of the English and Irish financial, judicial, and academic year. In the Christian angelology of some traditions,

624-509: The 1874 agricultural depression, the area's large landlords split their farms up and let smaller parcels of land to labourers who were protected by the survival of ancient customary rights and by the local influence of Joseph Arch . J. M. Martin has noted that an "archaic" form of life leasehold was practised in Pershore by the estates of the Duke of Westminster , where wills of the 18th century spoke of

663-743: The Custom originated on a single small estate at the end of the Napoleonic Wars , and subsequently spread throughout the district. A certain amount of recognition was given by the Small Holdings and Allotments Act 1908 , but the Evesham Custom was eventually given statutory expression in s.68 of the Agricultural Holdings Act 1948 , which granted tenant farmers security of tenure for life. There were proposals to abolish it in 1949, which generated protest from fruit growers and market gardeners, and which were not eventually followed through. The rights continued under

702-468: The Custom removed from the landlord the trouble and expense of making improvements themselves and the need to negotiate the tenancies of many small garden plots. The Custom helped ensure that Evesham developed a flourishing market gardening industry by the late 19th century, with the price of the tenantright under the Custom often exceeding the freehold value of the land itself. Evesham has a long history of market gardening activity, with some evidence that it

741-519: The United Kingdom, the United States and Ireland, a Red Mass is traditionally convened on the Sunday closest to Michaelmas, in honor of and to bless lawyers and judges. While terms are not used by most courts in the United States, where court calendars are usually continuous and year-round, the U.S. Supreme Court operates on an annual term and roughly follows the English custom by beginning that term on

780-403: The customary rights of Evesham's market gardeners increased after an 1870s legal dispute between the owner of land near Evesham Abbey and his tenants, and the basic principles of the Custom were first set down by a special committee of the Vale of Evesham Agricultural Society in 1880. Although definite records of the Evesham Custom first appear in the early-mid 19th century, some commentators in

819-526: The devil urinated on them. Agricultural Holdings Act 1948 The Agricultural Holdings Act 1948 ( 11 & 12 Geo. 6 . c. 63) was an Act of the Parliament of the United Kingdom passed by the Labour government of Prime Minister Clement Attlee . It provided tenant farmers with security of tenure for life. This article relating to law in the United Kingdom , or its constituent jurisdictions,

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858-412: The effect of encouraging tenants to further improve their land, by ensuring that they could still realise the full value of the improvements they made if they ended their tenancy. Through this compensation payment and by giving security of tenure, the Custom also gave tenants confidence to invest in crops, like asparagus , that took several years to reach maturity. From the larger landowner's perspective,

897-556: The first Monday in October, a few days after Michaelmas. Because Saint Michael is the patron of police officers, Michaelmas may also see a Blue Mass . Lutheran Christians consider it a principal feast of Christ. Michaelmas is still celebrated in Waldorf schools. Rudolf Steiner considered it the second most important festival after Easter . The celebration of this holiday teaches the importance of facing fears and strengthening resolve. As

936-788: The first festival of the new school year, it is celebrated with an all-school play, in which each class assumes a role, such as peasants, townspeople, nobles, etc. Students assume a new role as they pass from grade to grade, and it becomes something of a rite of passage. In the City of London , Michaelmas is the day when the new Lord Mayor of London is elected, in the Common Hall . In Mifflin County, Pennsylvania , Michaelmas has been observed since 1786 as Goose Day. Local tradition holds that eating goose on 29 September will bring prosperity. The Juniata River Valley began celebrating this version of Michaelmas when

975-411: The geese to their landlords, as could be stipulated in their tenancy agreements. The custom dates to at least the 15th century, and was easily continued as geese are in their prime at Michaelmas time. One association of geese with Michaelmas comes from a legend in which the son of an Irish king choked on a goose bone he had eaten, and was then brought back to life by St. Patrick . The king ordered

1014-548: The holiday, painted fiberglass goose statues can be found throughout the county all year long. Old Michaelmas Day falls on 11 October (10 October according to some sources – the dates are the result of the shift from the Julian to the Gregorian calendar so the gap widens by a day every century except the current one). It is said that the Devil fell out of Heaven on this date, and fell into

1053-403: The land at the end of tenancies, and by the mid 2000s, there was evidence that solicitors employed by some landlords were attempting to avoid the traditional operation of the Custom by making minimal compensation payments to outgoing tenants. Michaelmas Michaelmas ( / ˈ m ɪ k əl m ə s / MIK -əl-məs ; also known as the Feast of Saints Michael, Gabriel, and Raphael ,

1092-420: The landlord's permission, but also ensured that a tenant could be compensated through a system of personal bargaining. A tenant of a market garden, or other land, under the Evesham Custom has the right to sell their tenancy if the landlord gives their approval, including the right to nominate the new tenant. The payment (known as the "ingoing") made by the incoming tenant includes compensation for any improvements

1131-532: The mid 20th century, the Evesham Custom is still observed in tenancies. In 1995, at the reading of the Agricultural Tenancies Bill, the local MP Michael Spicer observed that there were still around 420 tenants potentially affected, and noted that they could expect to realise "ingoing" payments of £200-£300 an acre (at that time, 50% of the land's freehold value). As market gardening has further declined it has become more common for landlords to take over

1170-609: The name Martinmas for their autumn term, following the old Scottish term days. The Inns of Court of the English Bar and the Honorable Society of King's Inns in Ireland also have a Michaelmas term as one of their dining terms. It begins in September and ends towards the end of December. The term is also the name of the first of four terms into which the legal year is divided by the courts of Ireland and England and Wales. In

1209-496: The origin of the Michaelmas goose is that Queen Elizabeth I was eating a goose on the holiday when she heard of the defeat of the Spanish Armada, and thus proclaimed that geese should be eaten by everyone each year in commemoration of the victory. This falls apart when the date (geese and Michaelmas were connected at least a century earlier, if not longer) and the timing of the battle (August) are considered. The custom of baking

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1248-475: The outgoing tenant has made, such as the planting of fruit trees. The payment also includes a premium for receiving a tenancy offering lifetime security. The entire transaction is made between the outgoing and incoming tenant, with the landlord not involved beyond giving their approval. Furthermore, if the landlord does not accept the new tenant, they are obliged to compensate the outgoing tenant to ensure they did not suffer any financial loss. This "added value" had

1287-449: The past have assumed that the rights originated from "some earlier epoch". The ruralist writer H. J. Massingham , who was familiar with the operation of the Custom, expressed a belief that the tenant rights of Evesham were a direct descendant of those of the "small masters" who from the early mediaeval period practised cultivation in open fields owned by the Abbey. Massingham commented that after

1326-533: The poor in their names. Nuts were traditionally cracked on Michaelmas Eve. Folklore in the British Isles suggests that Michaelmas day is the last day that blackberries can be picked. It is said that when St. Michael expelled the devil, Lucifer, from heaven, he fell from the skies and landed in a prickly blackberry bush. Satan cursed the fruit, scorched them with his fiery breath, stamped, spat, and urinated on them, so that they would be unfit for eating. As it

1365-400: The sacrifice of a goose every Michaelmas in honour of the saint. The Irish Michaelmas goose was slaughtered and eaten on the day; they were also presented as gifts or donated to the poor. In parts of Ireland sheep were also slaughtered with tradition of the "St. Michael's portion" donated to the poor. Poultry markets and fairs took place to sell geese as well as mutton pies. In Ulster , it

1404-616: The second half of the 20th century. In the time before their feasts were: 29 September (only St Michael), 24 March for St Gabriel, and 24 October for St Raphael. In the Lutheran , as well as in the Anglican / Episcopalian traditions, there are three to four archangels in their calendars for the 29 September feast for St. Michael and All Angels: namely Michael (Jude 1:9) and Gabriel (Daniel 9:21), Raphael ( Tobit 12:15) and sometimes Uriel ( 2 Esdras 4:1 and 2 Esdras 5:20). Michaelmas

1443-399: Was celebrated as a Holy Day of Obligation , but this tradition was abolished in the 18th century. In medieval England, Michaelmas marked the ending and beginning of the husbandman 's year, George C. Homans observes: "at that time harvest was over, and the bailiff or reeve of the manor would be making out the accounts for the year." Because it falls near the equinox , this holy day

1482-491: Was first popularised in the mid 17th century by the activities of a local landowner, Francis Bernadi (former Resident for the Republic of Genoa ). By the early 19th century there were a number of gardeners and fruit growers in the Vale. The Custom first appeared in this period, though it was initially understood to be of the nature of a gentlemen's agreement and the landlord had no legal obligation to accept it. Pressure to formalise

1521-439: Was traditional for tenants to present their landlord with a couple of geese, a tradition dating back to Edward IV . There were differing methods across Ireland for cooking the goose, most generally using a heavy iron pot on an open hearth. In Blacklion , County Cavan, the goose was covered in local blue clay and placed at the centre of the fire until the clay broke, indicating the goose was cooked. Another legend surrounding

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