Victory for Edwardian forces
101-452: Robert Kett ( c. 1492 – ( 1549-12-07 ) 7 December 1549) was the leader of Kett's Rebellion . Kett was the fourth son of Thomas Kett, of Forncett , Norfolk and his wife Margery. He is thought to have been a tanner , but he certainly held the manor of Wymondham in Norfolk . With his brother William he led the men of Wymondham in their quarrel with John Flowerdew,
202-435: A marking fee is paid each year for each animal turned out . However, if excessive use was made of the common, for example, in overgrazing , a common would be stinted , that is, a limit would be put on the number of animals each commoner was allowed to graze. These regulations were responsive to demographic and economic pressure. Thus rather than let a common become degraded, access was restricted even further. The lord of
303-407: A parish council is normally given guardianship by vesting the property under section 8 the act. An online database of registered common land was compiled by DEFRA in 1992–93 as part of a survey of the condition and wildlife of commons. The official up to date registers of common land are held by the commons registration authorities. The following registration information is held: This includes
404-755: A crisis in agriculture in England. With the majority of the population depending on the land, this led to outbreaks of unrest across the country. Kett's rebellion in Norfolk was the most serious of these. The main grievance of the rioters was enclosure , the fencing of common land by landlords for their own use. Enclosure left peasants with nowhere to graze their animals. Some landowners were forcing tenants off their farms so that they could engross their holdings and convert arable land into pasture for sheep, which had become more profitable as demand for wool increased. Inflation, unemployment, rising rents, and declining wages added to
505-415: A description of the land, who applied to register the land, and when the land became finally registered. There are also related plans which show the boundaries of the land. This includes a description of the rights of common (e.g. a right to graze a certain number of sheep), the area of common over which the right is exercisable, the name of the holder of the right and whether the right is attached to land in
606-453: A discharged servant who did not find a new master within three days, though they may also have been calling for the manumission of the thousands of Englishmen and women who were serfs. (In 1549, an Act Touching on the Punishment of Vagabonds and Other Idle Persons avoided the word "slave" but retained many of the harshest provisions of the 1547 Act .) The truce between the city and the camp
707-466: A false rumour or a diversion, as at that point thousands of rebels again began crossing the River Wensum around Bishopsgate. Northampton's main force was in the market place. As the attack developed, he fed men through the streets into a growing and vicious street battle across the whole eastern area of the city. Seeing things going the rebels' way, Sheffield took command of a body of cavalry and charged
808-462: A few days before. There is only one attested incident in which the rebels had killed in cold blood: one of Northampton's Italian mercenaries had been hanged following his capture. Kett was captured at the village of Swannington the night after the battle and taken, together with his brother William, to the Tower of London to await trial for treason. Found guilty, the brothers were returned to Norwich at
909-670: A formidable army with which to face the rebels. Kett and his people were aware of this, and that night they left their camp at Mousehold for lower ground in preparation for battle. During the morning of 27 August, the armies faced each other outside the city. The final battle took place at Dussindale , and was a disaster for the rebels. In the open, against well-armed and trained troops, they were routed and thousands were killed. The location of Dussindale has not been established with certainty, but battlefield debris (musket balls and other lead shot—iron artefacts such as arrowheads having not readily survived ) have suggested Long Valley, Norwich, now
1010-454: A group of rebels destroying fences that had been put up by wealthy landowners. One of their targets was yeoman Robert Kett who, instead of resisting the rebels, agreed to their demands and offered to lead them. Kett and his forces, joined by recruits from Norwich and the surrounding countryside and numbering some 16,000, set up camp on Mousehold Heath to the north-east of the city on 12 July. The rebels stormed Norwich on 29 July and took
1111-471: A house on common land, raise the roof over their head and light a fire in the hearth, then they would have the right of undisturbed possession. The belief—sometimes called "keyhole tenure", and which persisted as recently as the early 20th century—was actually a fallacy, but to stop landless peasants unlawfully squatting on commons, the Erection of Cottages Act 1588 ( 31 Eliz. 1 . c. 7) was introduced. Under
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#17328517618591212-405: A manor. A commoner would be the person who, for the time being, was the occupier of a particular plot of land. Most land with appurtenant commons rights is adjacent to the common. Other rights of common were said to be in gross , that is, they were unconnected with tenure of land. This was more usual in regions where commons were more extensive, such as in the high ground of Northern England or in
1313-417: A minor disturbance at the nearby town of Attleborough where fences, built by the lord of the manor to enclose common lands, were torn down. The rioters thought they were acting legally, since Edward Seymour (1st Duke of Somerset, and Lord Protector during part of Edward VI 's minority) had issued a proclamation against illegal enclosures. Wymondham held its annual feast on the weekend of 6 July 1549 and
1414-412: A partly built-up area to the north-east of the city centre. An alternative location, further to the east, is suggested by Anne Carter of Norfolk Archaeology, who found in parish records references to "Dussings Dale" adjoining the common of the village of Great Plumstead ( 52°38′N 1°22′E / 52.63°N 1.37°E / 52.63; 1.37 ). A map regression analysis published by
1515-401: A plaque on the walls of Norwich Castle engraved with his words and unveiled in 1949, 400 years after the rebellion. In the 21st century the death of Kett is still remembered by the people of Norwich. On 7 December 2011, the anniversary of his death, a memorial march by members of Norwich Occupy and Norwich Green Party took place and a wreath was laid by the gates of Norwich Castle. After
1616-462: A play in honour of St Thomas Becket , the co-patron of Wymondham Abbey , was performed. This celebration was illegal, as Henry VIII had decreed in 1538 that the name of Thomas Becket should be removed from the church calendar. On the Monday, when the feast was over, a group of people set off to the villages of Morley St. Botolph and Hethersett to tear down hedges and fences. One of their first targets
1717-416: A population of about 12,000. The city authorities, having sent messengers to London, remained in negotiation with the rebels and Mayor Thomas Codd, former Mayor Thomas Aldrich, and preacher Robert Watson accepted the rebels' invitation to take part in their council. Once the camp was established at Mousehold the rebels drew up a list of 29 grievances, signed by Kett, Codd, Aldrich, and the representatives of
1818-614: A retreat. The Earl of Warwick was then sent with a stronger army of around 14,000 men including mercenaries from Wales, Germany, and Spain. Warwick had previously fought in France, was a former member of the House of Commons and subsequently the Privy Council , making him a strong leader. Despite the increased threat, the rebels were loyal to Kett throughout and continued to fight Warwick's men. Northampton served as Warwick's second-in-command in
1919-451: A riot and gave the signal for the outbreak. Leading his followers to Norwich , Kett formed a camp on Mousehold Heath , where he is said to have commanded 16,000 men, introduced a regular system of discipline, administered justice and blockaded the region. The 29 clauses of the Petition survives and the petition is below. It is notable in reflecting the language of the new religion, in line with
2020-440: A scribal error for 'sovereign grounds', grounds that were the exclusive freehold property of their owners, while others have commented on the importance of saffron to local industry. The rebels also asked 'that all bondmen may be made free, for God made all free, with his precious blood shedding.' The rebels may have been articulating a grievance against the 1547 Act for the Punishment of Vagabonds , which made it legal to enslave
2121-495: A series of private acts of Parliament, mainly from about 1750 to 1850, which enclosed large areas of common, especially the arable and haymeadow land and the better pasture land. The maintenance of fences around a common is the responsibility of the occupiers of the adjacent enclosed land, not (as it would be with enclosed land) the responsibility of the owners of the grazed livestock. This can lead to difficulties where not all adjacent occupiers maintain their fences properly. However
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#17328517618592222-410: Is substantial support among those with interests in the land, such as; the commoners (especially those who actively exercise their rights); owners and other legal interests. Commons councils enable decisions to be made by majority voting, so relieving the burden of trying to reach unanimous decisions. They will have the power to make rules about agricultural activities, the management of vegetation, and
2323-399: Is the prime consideration and where the owner and commoners do not require a direct voice in the management, or where the owner cannot be found. There are at least 200 schemes of management made under the 1899 act. The Law of Property Act 1925 ( 15 & 16 Geo. 5 . c. 20), which still forms the core of English property law, has two provisions for common land: The UK government regularised
2424-500: Is usually called a commoner . In Great Britain, common land or former common land is usually referred to as a common ; for instance, Clapham Common and Mungrisdale Common . Due to enclosure , the extent of common land is now much reduced from the hundreds of square kilometres that existed until the 17th century, but a considerable amount of common land still exists, particularly in upland areas. There are over 8,000 registered commons in England alone. Originally in medieval England
2525-468: The Commons Act 1876 ( 39 & 40 Vict. c. 56) some 36 commons in England and Wales were regulated. The act also enabled the confirmation of orders providing for the inclosure of common land or common fields. The Commons Act 1899 ( 62 & 63 Vict. c. 30) provides a mechanism of enabling district councils and National Park authorities to manage commons where their use for exercise and recreation
2626-629: The Council for British Archaeology supports Carter's proposition, but its conclusion placed the exact spot some 200 metres to the west. About 3,000 rebels are thought to have been killed at Dussindale, with Warwick's army losing some 250 men. The morning after the battle, 28 August, rebels were hanged at the Oak of Reformation and outside the Magdalen Gate. Estimates of the number vary from 30 to 300. Warwick had already executed 49 rebels when he had entered Norwich
2727-505: The Fens , but also included many village greens across England and Wales. Historically manorial courts defined the details of many of the rights of common allowed to manorial tenants, and such rights formed part of the copyhold tenancy whose terms were defined in the manorial court roll. Example rights of common are: On most commons, rights of pasture and pannage for each commoner are tightly defined by number and type of animal, and by
2828-450: The Hundreds of Norfolk and one representative from Suffolk met under the Oak of Reformation to administer the camp, issuing warrants to obtain provisions and arms and arrest members of the gentry. The camp was joined by workers and artisans from Norwich, and by people from the surrounding towns and villages, until it was larger than Norwich, at that time the second-largest city in England with
2929-488: The Parliament of England . The exact usufruct rights which apply to individual commons were in some cases documented, but more often were based on long-held traditions. A major reform began in 1965, with a national register of common land which recorded the land ownership and the rights of any commoners, and two other important statutes have followed. Owners of land in general have all the rights of exclusive ownership, to use
3030-488: The Robert Kett Overture (Opus 141) , inspired by the rebellion. Common land Common land is collective land (sometimes only open to those whose nation governs the land) in which all persons have certain common rights , such as to allow their livestock to graze upon it, to collect wood , or to cut turf for fuel . A person who has a right in, or over, common land jointly with another or others
3131-510: The common arable fields and common haymeadows assigned annually by lot . When not in use for those purposes, such commons were grazed . Examples include the common arable fields around the village of Laxton in Nottinghamshire, and a common meadow at North Meadow, Cricklade . Lammas rights entitled commoners to pasture following the harvest, between Lammas day, 12 August ( N.S. ), to 6 April, even if they did not have other rights to
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3232-502: The 16th century. By the 19th century, unenclosed commons had become largely restricted to large areas of rough pasture in mountainous areas and to relatively small residual parcels of land in the lowlands. Enclosure could be accomplished by buying the ground rights and all common rights to accomplish exclusive rights of use, which increased the value of the land. The other method was by passing laws causing or forcing enclosure, such as Parliamentary enclosure. The latter process of enclosure
3333-836: The 2006 act, and to add land omitted under the 1965 act. Other than for those commons covered by the Law of Property Act 1925 , the Commons Act 1899 and certain other statutes, the public did not have the right to use or enjoy common land if they were not a commoner. However, the Countryside and Rights of Way Act 2000 (c. 37) gave the public the freedom to roam freely on all registered common land in England and Wales. The new rights were introduced region by region through England and Wales, with completion in 2005. Maps showing accessible areas have been produced, and are available online as "open access maps" produced by Natural England. Commons are included in
3434-673: The Commons Preservation Society found a champion in Augustus Smith who had the inclination and the money to act, and himself held commons rights. Smith hired 120 navvies armed with hammers, chisels and crowbars, who on the night of 6 March 1866, under the aegis of the newly formed Commons Preservation Society (now the Open Spaces Society ), felled to the ground two miles of iron railings. Soon after, local people flocked in. Lord Brownlow took action against Augustus Smith and
3535-456: The Hundreds, and sent it to Protector Somerset . The grievances have been described by one historian as a shopping-list of demands but which nevertheless have a strong logic underlying them, articulating "a desire to limit the power of the gentry, exclude them from the world of the village, constrain rapid economic change, prevent the overexploitation of communal resources, and remodel the values of
3636-492: The Lord Protector's inclinations; and in its carefully diplomatic format of requesting changes. Broadly speaking, the clauses seek: He refused the royal offer of an amnesty on the grounds that innocent and just men had no need of pardon, and on 1 August 1549 attacked and took possession of Norwich. John Dudley, Earl of Warwick , marched against the rebels, and after his offer of pardon had been rejected he forced his way into
3737-601: The Mayor. Kett and his followers were now officially rebels; the authorities therefore shut the city gates and set about preparing the city defences. On 22 July 1549, Kett proposed a truce but the offer was rejected by the city authorities and the rebels commenced an attack on Bishopsgate Bridge. They charged down from Mousehold and began swimming the Wensum between the Cow Tower and Bishopsgate. The city defenders fired volleys of arrows into
3838-588: The Reformation Oak (1876), F. C. Tansley's For Kett and Countryside (1910), Jack Lindsay 's The Great Oak (1949), Sylvia Haymon 's children's story The Loyal Traitor (1965), Margaret Callow's A Rebellious Oak (2012), and C. J. Sansom 's Tombland (2018); plays, including George Colman Green's Kett the Tanner (1909); and poetry, including Keith Chandler's collection Kett's Rebellion and Other Poems (1982). In 1988 British composer Malcolm Arnold produced
3939-706: The Robert Kett Junior School in Wymondham, Dussindale Primary School in Norwich, the Robert Kett pub in Wymondham, Kett House residence at the University of East Anglia, and Kett's Tavern in Norwich, and in a folk band, Lewis Garland and Kett's Rebellion, and a beer, Kett's Rebellion, by Woodforde's Brewery in Norwich. Kett's rebellion has featured in novels, including Frederick H. Moore's Mistress Haselwode: A tale of
4040-476: The Second World War as a result of the advance of woodland into traditional heathland areas when, as one commentator stated: ...returning soldiers gave up trying to scratch a living out of the forest. Whereas once hundreds of commoners used the wood and heath—their livestock obliging by chewing down young tree shoots—today there is only one commercial grazer. The conservators were forced to intervene to stem
4141-648: The Secretary of State for the Environment, Food and Rural Affairs (Defra). Under section 38 of the Commons Act 2006, you need consent to carry out any restricted works on land registered as common land under the Commons Registration Act 1965. Restricted works are any that prevent or impede access to or over the land. They include fencing, buildings, structures, ditches, trenches, embankments and other works, where
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4242-500: The Welsh and 16% of the English commons. Cattle are registered on 35% of Welsh and 20% of English commons, whilst horses and ponies are registered on 27% of Welsh and 13% of English commons. In some cases rights to graze goats, geese and ducks are registered, whilst in others the type of livestock is not specified. These figures relate to the number of common land units, and due to discrepancies in
4343-654: The authorities at other heathland areas in the New Forest and Surrey". In 2008 the Foundation for Common Land was created in the UK to try to enhance the understanding and protection of commons. The legal position concerning common land has been confused, but recent legislation has sought to remedy this and remove the legal uncertainties so that commons can be better used and protected. Most commons are based on ancient rights under British common law , which pre-date statutes passed by
4444-465: The beginning of December. Kett was hanged from the walls of Norwich Castle on 7 December 1549; on the same day William was hanged from the west tower of Wymondham Abbey . "In 1549 AD Robert Kett yeoman farmer of Wymondham was executed by hanging in this Castle after the defeat of the Norfolk Rebellion of which he was leader. In 1949 AD – four hundred years later – this Memorial was placed here by
4545-454: The cathedral and parish churches on the sins of rebellion. This tradition continued for over a century. The rising was discussed by Sir John Cheke in The hurt of sedicion howe greueous it is to a commune welth, (1549). The only known surviving eye-witness account of the rebellion, a manuscript by Nicholas Sotherton, son of a Norwich mayor, probably Nicholas Sotherton (d.1540), is hostile towards
4646-456: The centre of a dispute between some local residents and the forest's governing body, the Board of Conservators, which is responsible for administering the forest's 24 km of common land. The conservators wished to restore the forest's landscape to one that predominantly consisted of heathland—its defining characteristic until the mid-twentieth century, but something that was in danger of being lost after
4747-429: The citizens of Norwich in reparation and honour to a notable and courageous leader in the long struggle of the common people of England to escape from a servile life into the freedom of just conditions" Plaque on the wall of Norwich Castle In 1550, the Norwich authorities decreed that in future 27 August should be a holiday to commemorate "the deliverance of the city" from Kett's Rebellion, and paid for lectures in
4848-463: The city gates to Northampton's army, the rebels having withdrawn back to the safety of the high ground overlooking the city. Kett had already seen how difficult it was to defend miles of walls and gates and thought it more prudent to allow Northampton's small army to defend the city while he again laid siege to it. On the night of 31 July, the Royal army made its defensive preparations and started patrolling
4949-405: The city's narrow streets. Around midnight alarms rang out, waking Northampton. It appeared hundreds of rebels were using the cover of darkness and their knowledge of the maze of small streets and alleys around Tombland to launch hit-and-run attacks on Royal troops. After three hours Northampton's men had driven off the rebels, who suffered heavy casualties. By 8 am the following morning, 1 August,
5050-524: The city, crossed the River Wensum at Hellesdon and spent the night at Drayton . On Friday 12 July, the rebels reached Mousehold, where they had a vantage point overlooking Norwich, and set up the camp that was their base for the next six and a half weeks. The camp was the largest of several rebel camps that had appeared in East Anglia that summer. The rebels were known at the time as the "camp men" and
5151-466: The city, driving its defenders before him. Then, strengthened by the arrival of some foreign mercenaries, he attacked the main body of the rebels at Dussindale on 27 August. Although Kett's men were faced with a trained soldiery, the battle saw fierce fighting and lasted most of the day: but Kett's men were ultimately defeated and Robert and William Kett were seized and taken to London, where they were condemned to death for treason. On 7 December 1549 Robert
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#17328517618595252-601: The city. On 1 August the rebels defeated a Royal Army led by the Marquess of Northampton who had been sent by the government to suppress the uprising. Kett's rebellion ended on 27 August when the rebels were defeated by an army under the leadership of the Earl of Warwick at the Battle of Dussindale. Kett was captured, held in the Tower of London , tried for treason, and hanged from the walls of Norwich Castle on 7 December 1549. The 1540s saw
5353-467: The clergy". Although the rebels were all the while tearing down hedges and filling in ditches, only one of the 29 articles mentioned enclosure: 'We pray your grace that where it is enacted for enclosing, that it be not hurtful to such as have enclosed saffren grounds, for they be greatly chargeable to them, and that from henceforth no man shall enclose any more.' The exemption for 'saffren grounds' has puzzled historians; one has suggested that it may have been
5454-550: The common was an integral part of the manor , and was thus part of the estate held by the lord of the manor under a grant from the Crown or a superior peer (who in turn held his land from the Crown; it is sometimes said that the Crown was held to ultimately own all land under its domain). This manorial system, founded on feudalism, granted rights of land use to different classes. These could be appurtenant rights whose ownership attached to tenancies of particular plots of land held within
5555-458: The commoners were able to find better-paid work in other sectors of the economy. As a result they largely stopped exercising their rights; relatively few commoners exist today. Much common land is still used for its original purpose. The right to graze domestic stock is by far the most extensive commoners right registered, and its ongoing use contributes significantly to agricultural and rural economies. Rights to graze sheep are registered on 53% of
5656-537: The court case lasted until 1870 when it ended with the complete vindication of Smith. Development of common land is strictly controlled. The government states that common land should be open and accessible to the public, and the law restricts the kind of works that can be carried out on commons. HM Planning Inspectorate is responsible for determining applications under the 2006 Act regarding common land in England, and several other pieces of legislation regarding commons and greens. All applications are determined on behalf of
5757-510: The deeds of another property. A number of commoners still exercise rights, for example, there are 500 practising commoners in the New Forest , and there is a federation of commoners in Cumbria . In many cases commons have no existing commoners, the rights having been neglected. It was a common a belief that if a squatter and their friends could—between sunrise and sunset in a single day—build
5858-479: The definitions of common land with the Commons Registration Act 1965 (c. 64), which established a register of common land. Not all commons have owners, but all common land by definition is registered under Commons Registration Act 1965, along with the rights of any commoners if they still exist. The registration authorities are the county councils, and when there is no ownership, a local council, such as
5959-507: The earlier legislation is provided by the Commons Act 2006 . Under Schedule 2(4) to the Act, applications that failed to achieve final registration under the 1965 Act may, in certain circumstances, be reconsidered – offering, in effect, a second chance for the land to be confirmed ('re-registered') as common. Land that is re-registered in this way will enjoy the special legal protection afforded to common land. It will also become subject in due course to
6060-880: The effect of those works is to prevent or impede access. They also include, in every case, new solid surfaces, such as for a new car park or access road. Some commons are managed by boards of conservators for the wider public benefit. However, for areas where these are not established, or an improved system is required, the Commons Act 2006 provides for the establishment of commons councils to manage common land. The Standard Constitution Regulations relating to commons councils were formally approved in April 2010, and commons councils are most likely to be useful where they can improve current management practices. This may be where commons are in agricultural use, but where it can be difficult to reach agreement on collective management. Commons councils are voluntary and can be established only where there
6161-546: The father of Edward Flowerdew . They tore down the enclosure fences Flowerdew had erected on the Hethersett common , and having thus come into prominence, he headed the men of Norfolk when they rose in rebellion in 1549 owing to the hardships inflicted by the extensive enclosures of common lands and by the general policy of Edward Seymour, 1st Duke of Somerset , then Lord Protector . A feast held at Wymondham in July 1549 developed into
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#17328517618596262-417: The fencing of land within a registered common is not allowed, as this is a form of enclosure and denies use of the land to others. A celebrated landmark case of unauthorised fencing of a common was in 1866 by Lord Brownlow who illegally enclosed 434 acres of Berkhamsted Common to add to his Ashridge Estate . Brownlow had failed to buy out the commoners, so resorted to this action. A public outcry followed, and
6363-472: The grievances of those taking part, but heaped abuse on them for going further than their original intentions'. It was only in the 19th century that more sympathetic portrayals of the rebellion appeared in print and started the process that saw Kett transformed from traitor to folk hero. An anonymous work of 1843 was critical of Neville's account of the rebellion, and in 1859 clergyman Frederic Russell, who had unearthed new material in archives for his account of
6464-439: The hardships faced by the common people. As the historian Julian Cornwall put it, they "could scarcely doubt that the state had been taken over by a breed of men whose policy was to rob the poor for the benefit of the rich". Kett's rebellion, or "the commotion time" as it was also called in Norfolk, began in July 1549 in the small market town of Wymondham , nearly ten miles south-west of Norwich. The previous month there had been
6565-469: The invasion of trees, scrub and bracken that threatened the ecologically precious heathlands, cutting down saplings, removing scrub and mowing the bracken. Some residents complained that the results looked like a First World War battle field. This is not a problem restricted to this common, but according to Jonathan Brown writing in the Independent on 21 April 2007 "similar debates are raging between locals and
6666-434: The land as they wish. However, for common land the owner's rights are restricted, and other people known as commoners have certain rights over the land. The landowner may retain other rights to the land, such as rights to minerals and large timber, and to any common rights left unexercised by the commoners. The commoners will continue to exercise their rights, or have a document which describes their rights, which may be part of
6767-424: The land become restricted to the owner, and it ceases to be land for the use of commoners. In England and Wales the term is also used for the process that ended the ancient system of arable farming in open fields . Under enclosure, such land is fenced ( enclosed ) and deeded or entitled to one or more owners. The process of enclosure began to be a widespread feature of the English agricultural landscape during
6868-452: The land. Such rights sometimes had the effect of preventing enclosure and building development on agricultural land. Most of the medieval common land of England was lost due to enclosure. In English social and economic history, enclosure or inclosure is the process which ends traditional rights such as mowing meadows for hay , or grazing livestock on common land formerly held in the open field system . Once enclosed, these uses of
6969-484: The manor must only exercise his rights so far as to leave a "sufficiency" of resource for commoners. This was at issue in 1889 when the lord of the manor and owner of Banstead Downs and Heath, a Mr Hartopp, excavated gravel and threatened to reduce the available pasture. The meaning of sufficiency was challenged in court, expert witnesses stated that the grazing capacity was 1,200 animals, the commoners rights totalled 1,440 animals, and 600 animals were normally turned out. It
7070-489: The market place it continued through Tombland and straight down Bishopsgate Street towards the rebel army. A group of rebels saw the train from Mousehold and ran down into the city to capture it. Captain Drury led his men in an attempt to recapture the train, which included all the artillery. He managed to salvage some of the guns in yet another fierce fight around Bishopsgate. On 25 August the rebels commenced an artillery attack on
7171-526: The need for fences while maintaining their effective individual interest in them, as each ewe remains on her particular area. Lambs usually learn their heft from their mothers. Also known as 'hoofing' in some areas like North Yorkshire. This ability to keep sheep from straying without fences is still an important factor in sheep farming on the extensive common land in upland areas. Surviving commons are almost all pasture, but in earlier times, arable farming and haymaking were significant, with strips of land in
7272-433: The ownership of the holder of the right (the commoner) or is a right held in gross i.e. unattached to land. This includes details of the owner(s) of the common land. Entries in this section however, are not held to be conclusive. Numerous inconsistencies and irregularities remained, mainly because a period of only three years was given for registration submissions. However, there is now an opportunity to clear these up under
7373-471: The past, most pasture commons would have been grazed by mixtures of cattle, sheep and ponies (often also geese). The modern survival of grazing on pasture commons over the past century is uneven. The use of hefting (or heafing ) – the characteristic of some breeds of sheep for example, keeping to a certain heft (a small local area) throughout their lives – allows different farmers in an extensive landscape such as moorland to graze different areas without
7474-455: The primary right is to pasture livestock . In the uplands, they are largely moorland , on the coast they may be salt marsh , sand dunes or cliffs , and on inland lowlands they may be downland , grassland , heathland or wood pasture , depending on the soil and history. These habitats are often of very high nature conservation value, because of their very long continuity of management extending in some cases over many hundreds of years. In
7575-407: The protesters set off for Norwich. By now Kett was their leader and they were being joined by people from nearby towns and villages. A local tradition holds that a meeting point for the rebels was an oak tree on the road between Wymondham and Hethersett , where nine of the rebels were later hanged. Known as Kett's Oak , it has been preserved by Norfolk County Council . The oak became a symbol of
7676-489: The public access land now shown on the Ordnance Survey Explorer maps. The Commons Act 2006 (c. 26) is an important recent piece of legislation. The act: Several hundred square kilometres of 'waste land' that was provisionally registered under the Commons Registration Act 1965 was not, in fact, finally registered. As a consequence, it ceased to be recognised as common land. A partial remedy for this defect in
7777-487: The public right of access introduced by the Countryside and Rights of Way Act 2000; or depending on location, may qualify as a section 193 'urban' common (in which case, it would also be subject to a right of access for horse-riders). The act of transferring resources from the commons to purely private ownership is known as enclosure , or (especially in formal use, and in place names) Inclosure . The Inclosure Acts were
7878-604: The ramparts were strengthened between the Cow Tower and Bishopsgate, so Lord Sheffield retired to The Maid's Head inn for breakfast. A little after this, Northampton received information that the rebels wished to discuss surrender and were gathering around the Pockthorpe gate. Sheffield went with the Herald to discuss this apparent good turn of events with the rebels. On arrival, Sheffield found no rebels at all. It appears to have been either
7979-519: The rebellion as the "camping tyme" or "commotion tyme". Kett set up his headquarters in St Michael's Chapel, the ruins of which have since been known as Kett's Castle. Mount Surrey, a house built by the Earl of Surrey on the site of the despoiled St Leonard's Priory, had lain empty since the Earl's execution in 1547 and was used to hold Kett's prisoners. Kett's council, which consisted of representatives from
8080-474: The rebellion the lands of Kett and his brother William were forfeited, although some of them were later restored to one of his sons. In the longer term the Kett family do not seem to have suffered from their association with the rebellion, but to have prospered in various parts of Norfolk. The rebellion is remembered in the names of schools, streets, pubs and a walking route in the Norwich and Wymondham area, including
8181-464: The rebellion when an oak tree on Mousehold Heath was made the centre of the rebel camp, but this "Oak of Reformation" no longer stands. According to one source the Oak of Reformation was cut down by Norwich City Council in the 1960s to make way for a car park, although Reg Groves wrote in the 1940s that it had already been destroyed. Kett and his followers camped for the night of 9 July at Bowthorpe , just west of Norwich. Here they were approached by
8282-403: The rebellion, concluded that "though Kett is commonly considered a rebel, yet the cause he advocated is so just, that one cannot but feel he deserved a better name and a better fate". In 1948, Alderman Fred Henderson , a former mayor of Norwich who had been imprisoned in the castle for his part in the food riots of 1885, proposed a memorial to Kett. Originally hoping for a statue, he settled for
8383-411: The rebellion. Kett had been prominent among the parishioners in saving their parish church when Wymondham Abbey was demolished and this had led to conflict with Flowerdew. Having listened to the rioters' grievances, Kett decided to join their cause and helped them tear down his own fences before taking them back to Hethersett where they destroyed Flowerdew's enclosures. The following day, Tuesday 9 July,
8484-580: The rebels across the cathedral precinct, past St Martin at Place Church and into Bishopsgate Street. Outside the Great Hospital in Bishopsgate Street, Sheffield fell from his horse into a ditch. Expecting then to be captured and ransomed, as was the custom, he removed his helmet, only to be killed by a blow from a rebel, reputedly a butcher named Fulke. With the loss of a senior commander and his army being broken up in street fighting, Northampton ordered
8585-533: The rebels as they crossed, but could not stop the attack and Norwich quickly fell to the rebels. The rebels captured guns and other military supplies and set up guards at strategic points. The York Herald offered a second pardon to the rebels. It was again rejected and the Herald left for London, leaving England's second largest city in the hands of a rebel army. There was no random violence. Civic leaders were taken to Mousehold and imprisoned in Surrey House. Mayor Codd
8686-405: The rebels. So too is Alexander Neville's 1575 Latin history of the rebellion, De furoribus Norfolciensium . Neville was secretary to Matthew Parker , who had preached to Kett's followers under the Oak of Reformation on Mousehold, unsuccessfully appealing to them to disperse. In 1615 Neville's work was translated into English by Norfolk clergyman Richard Woods under the title Norfolke Furies and
8787-692: The registers and large numbers of small commons with no rights in England, the apparent distinction between Wales and England may be exaggerated. Today, despite the diverse legal and historical origins of commons, they are managed through a community of users, comprising those who hold rights together with the owner(s) of the soil. Such communities generally require joint working to integrate all interests, with formal or informal controls and collaborative understandings, often coupled with strong social traditions and local identity. However, 26% of commons in Wales, and as many as 65% in England, have no common rights shown on
8888-520: The registers. Such areas are derived from wastes of manors , where rights probably existed formerly. When such open habitats are no longer grazed they revert to scrub and then dense woodland, losing the grassy or heathland vegetation which may have occupied the land continuously for many centuries. In 2007, Ashdown Forest , the Sussex heathland which was the setting for the Winnie-the-Pooh stories, became
8989-474: The same time productivity increased enough to create a surplus of labour. The increased labour supply is considered one of the factors facilitating the Industrial Revolution . Following the era of enclosure, there was relatively little common land remaining of value although some residual commoners remained until the end of the Second World War. By that time lowland commons had become neglected because
9090-457: The second attempt to deal with the rebel host, this time with a much larger force. Warwick managed to enter the city on 24 August by attacking the St Stephen's and Brazen gates. The rebels retreated through the city, setting fire to houses as they went in an attempt to slow the Royal army's advance. About 3 pm Warwick's baggage train entered the city. It managed to get lost and rather than halting in
9191-411: The sheriff of Norfolk and Suffolk, Sir Edmund Wyndham, who ordered them to disperse. The response was negative, and the sheriff retreated to Norwich. Next the rebels were visited by the Mayor of Norwich, Thomas Codd, who met a similar response. The following night the rebels camped at nearby Eaton Wood and then, having been refused permission to march through Norwich to reach Mousehold Heath north-east of
9292-403: The time of year when certain rights could be exercised. For example, the occupier of a particular cottage might be allowed to graze fifteen cattle , four horses , ponies or donkeys , and fifty geese , whilst the numbers allowed for their neighbours would probably be different. On some commons (such as the New Forest and adjoining commons), the rights are not limited by numbers, and instead
9393-454: The walls around the northern area of the city near the Magdalen and Pockthorpe gates. With the north of the city again in rebel hands, Warwick launched an attack. Bitter street fighting eventually cleared the city once again. On 26 August, 1,400 foreign mercenaries arrived in the city. These were German " landsknechts ", a mix of handgunners and pikemen. With these reinforcements, Warwick now had
9494-452: The wealthier farmers in Wymondham. The Ketts (also spelt Ket, Cat, Chat, or Knight) had been farming in Norfolk since the twelfth century. Kett was the son of Thomas and Margery Kett and had several brothers; clergyman Francis Kett was his nephew. Two or possibly three of Kett's brothers were dead by 1549, but his eldest brother William joined him in the rebellion. Kett's wife, Alice, and several sons are not recorded as having been involved in
9595-405: Was Sir John Flowerdew, a lawyer and landowner at Hethersett who was unpopular for his role as overseer of the demolition of Wymondham Abbey (part of which was the parish church) during the dissolution of the monasteries and for enclosing land. Flowerdew bribed the rioters to leave his enclosures alone and instead attack those of Robert Kett at Wymondham. Kett was about 57 years old and was one of
9696-488: Was decided sufficiency was whether enough grazing would be available for all the animals that could be turned out. The judgment was that "The Lord is bound to leave pasture enough to satisfy the commoners rights whether such rights are to be exercised or not". Commoners also have the right to "peaceful enjoyment" of their rights, so that they cannot be hindered by the lord of the manor. This was first proposed in 1500 and became case law in 1827. Pasture commons are those where
9797-453: Was ended on 21 July by a messenger from the King's Council, York Herald Bartholomew Butler, who arrived at Norwich from London, went with city officials to Mousehold, proclaimed the gathering a rebellion, and offered pardon. Kett rejected the offer, saying he had no need of a pardon because he had committed no treason. York Herald lacked the forces to arrest the rebels and retreated into Norwich with
9898-406: Was executed at Norwich, and his body was hanged on the top of the castle, while that of William was hanged on the church tower at Wymondham. The Kett line still survives to this day. Kett%27s Rebellion Kett's Rebellion was a revolt in the English county of Norfolk during the reign of Edward VI , largely in response to the enclosure of land. It began at Wymondham on 8 July 1549 with
9999-413: Was released and stayed in the rebel camp, while his deputy Augustine Steward remained in the city. The King sent the Marquess of Northampton with about 1,400 men, including Italian mercenaries, to quell the rebellion. As he drew near to the city he sent forward his herald to demand the surrender of the city. Deputy Mayor Augustine Steward consulted Mayor Codd, who was still on Mousehold and then opened
10100-435: Was reprinted throughout the following century. Francis Blomefield 's detailed account in his History of Norwich (published in parts during 1741 and 1742) was based on Neville but supplemented with material from other sources such as the works of Raphael Holinshed , Peter Heylin and Thomas Fuller , together with various local records. 'Blomefield allowed himself sufficient impartiality to be able to set out, without comment,
10201-614: Was sometimes accompanied by force, resistance, and bloodshed, and remains among the most controversial areas of agricultural and economic history in England. Enclosure is considered one of the causes of the British Agricultural Revolution . Enclosed land was under control of the farmer who was free to adopt better farming practices. There was widespread agreement in contemporary accounts that profit making opportunities were better with enclosed land. Following enclosure, crop yields and livestock output increased while at
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