Licit or Illicit? Encroachments on ‘the Lord’s Waste’ in North-east Scotland, c.1400 – c.1800

Abstract

This paper seeks to show that encroachments in the North-east resulted from a range of social and economic drivers. Encroachments were enacted by members of a wide social spectrum, resulting in both top-down and bottom-up manifestations of engrossment of holdings. In this respect, it may be argued, North-east encroachments have a distinctive nature compared to English enclosures. The factors effecting encroachment can be seen to relate to topographic opportunism, demographic fluctuation, and a socio-agricultural environment that was already well-attuned to utilising dynamic settlement fluctuations for social and economic benefits. Only after the enactment of the 1695 Division of the Commonties Act did the socially diverse nature of such encroachment become increasingly monopolised by the landed gentry and began to reflect more closely English enclosure.