Custom, Praxis, Possession and Dispossession in Foxhunting Landscapes

Abstract

E. P. Thompson’s classic text Customs in Common (1991) explored the complexities of space, praxis and custom. Thompson observed that it is the active, pre-modern, lay quality of customary access to land which makes it an evasive phenomenon to examine. However, I uncovered a rich seam of this obscure form of customary tenure during seven years of in-depth participant observation as a rider with Hunts. Modern foxhunting originated as a sport of the landed classes, beneficiaries of enclosure, and grew from enclosed landscapes, but over two hundred years ago, Hunts lost the legal right to freely use their territories. In response to this divestiture, they increasingly relied upon patterns of informal land use, which were practised by the poor, who were dispossessed by enclosure. An analysis of foxhunting landscapes reveals legacies of possession and dispossession and the survival of ancient custom evident, yet largely unrecognised, within the English countryside.

Key words:

• Custom
• foxhunting
• space

Acknowledgements

I would like to thank Mark Acton for his reflections and encouragement on this piece. I am also grateful to Darren Thiel for reading through early drafts and for his suggestions and also to Colin Samson for his insights.

Notes

1. Modern foxhunting is the term used to refer to the form of hunting that emerged during the eighteenth century. Prior to this foxes had been hunted in a manner that bears little resemblance to post-eighteenth century foxhunting (see Carr, 1976).

2. Capitals have been used when referring to Hunt and Hunt Country. This is to avoid confusion between hunt as a verb and country in its usual sense.

3. Foxhunting is also conducted on solely foot. This form of foxhunting is seen as a distinct type of hunting from the mounted form discussed in this paper.

4. Pseudonyms have been used for participants, interviewees and respondents where requested.

5. Following a High Court ruling it is still legal to follow the scent of a fox (DPP v Anthony Wright, 2009, 89).

6. Hunts sometimes have licences to hunt on land owned by public bodies.

7. The study refers to hunting with dogs, but the four study hunts included three mounted fox Hunts and one harrier pack.