Trespass – good or bad?

A few thoughts on The Book of Trespass, by Nick Hayes. Published in autumn 2020 it was released in paperback last autumn.

Hayes has written a remarkable book. He trespasses on some of England’s biggest estates, climbing walls or crossing rivers as necessary. But all his trespasses would be allowable under Scottish law.

His focus is on property, and on how attitudes to property have evolved to accord with (or, put another way, dictated) the status quo in each generation. He’s not advocating revolution or confiscation. The world is as it is. His argument is for open access, and he makes it with learning and skill, and of course the necessary irreverence.

Vast acres of our landscape are the results of enclosures going back to the 16th century. And earlier. He’s good at that break-out into early modernity which followed the Reformation. Captain Pouch, and the brutality that followed rebellion in response to hunger, in the 17th century, is just one example. Hayes’s is an outsider’s view of history, and you learn new things – see them in a different way. All the while he’s gently trespassing and lighting fires and camping out.

One hero is Roger Deakin, another natural outsider. But Hayes for his part has a more  political message. There are so many examples one could quote. The 1824 Vagrancy Act as a response to soldier returning from the Napoleonic Wars without employment and hungry. He homes in on the Drax family and fortune (the head of the family is an MP) and its origins in slavery. They see no reason to feel any guilt.  William Beckford’s fortune was also based on slavery, his reputation muddled up with his status as a gay hero. Basildon Park and India, and the cornering of trade and disempowering of India and Indians, on which its fortunes were based.   

Early on Hayes brings in then foundational tome of English law, Blackstone’s Commentary, to show how the law was on the side of the men of property. Thomas Hobbes has property as a man-made construct, ‘designed to lift us out of our state of nature’. Grotius considers property as an institution invented by man but once invented it became a ‘law of nature’. For John Locke Locke if you mixed labour, ‘something this is his own’, with land he ‘thereby makes it his property’.  Blackstone asserted that ‘occupancy gave also the original right to the permanent property in the substance if the earth itself’.

We haven’t moved on much from Gainsborough’s gentleman’s idea of the English countryside. We don’t challenge the origins of the great estates. Or at least we didn’t. Which side are we on in that great debate? The National Trust is doing its best to steer a course.  There’s Croome Park in Worcestershire, half an hour from where I live, where the Trust is restoring the park to its Capability Brown glory, with some farming added in. It’s what the public wants and there lies the great irony.

We love the landscapes we’re allowed into, but don’t worry too much about being excluded. Or most of us don’t. We’re urbanised. Open up the country and most of us wouldn’t go there anyway. Hayes’s will never become a great national cause. Landowners needn’t worry. Wilderness, the festival, is safe (less so the real thing, but that’s not Hayes’s subject), despite Hayes’s attempt to fray the edges.

‘Sealing of one part of the world from another’ is Orwell specifically on nationalism. Immigrants as cockroaches. Legitimised superiority by virtue of inherited property, birth and land, blood and earth. Fascist ideas of Blut und Boden. Now we have Putin: like the rest of us Hayes didn’t see him coming.  

Hayes is the forever outsider. At Heathrow or Basildon Park or Windsor Park, he captures the landscape and the mood and the story. If they weren’t there and we were all insiders… but that can never be. (Each generation generates its own breed of powerful men, and maybe women, and they marry into the old money and land. Socialist experiments have got nowhere. Private enterprise allies with land and as liberalism is shoved aside, the boundaries shift a little or as in China radically change but boundaries remain. What do William the Conqueror and modern China have in common?)

Hayes the outsider. But I want to go with him where I can. To the hills above Hebden Bridge, bought as a shooting estate, where the moors are ‘systematically burned each year to increase the yield of new green shoots…’ I can’t see why I shouldn’t kayak on wide stretches of river. Apart from the fact I’m maybe too old. The USA seems to have got river access right early on. I’d like to see multiple footpaths opened up through great estates. And scrap this crazy world of breeding birds and then letting them out on the land for a few months in managed woodlands before shooting them.

Hayes begins with the 1932 Kinder Trespass – that’s my part of the world. Setting in train the idea that ultimately we’ll follow Scotland and open up access. Is he right that once you’ve seen the importance of land rights you can’t unsee them? Once seen, you can’t unsee the cat, as Henry George put it.

I love the ideas of heterotopia, spaces for outsiders forged deep inside society, and ‘third spaces, ‘where real life occurs’. Check them out. My daughter used to work for an organisation called ‘Free Space’, which found temporarily unoccupied spaces in London where arts projects (as I recall) could base themselves.

We need more wildernesses. (But that isn’t really Hayes’s subject. He’s not a romantic, a Muir or a Hopkins, espousing wildness for its own sake.) And charging for Stonehenge – maybe we have to. That means we exclude ‘whole sections of the population’. But is there anyone out there, other than midsummer Druids, who actually feel themselves excluded?  

So I’m with him all the way… only I’m not. And maybe he isn’t either. Turning the world upside down with some utopia at the end of the rainbow is a mug’s game. Anarchy will get us nowhere. Hayes would be lost. He’s happy with his tent and campfires. But a Robert Tombs-style history, upbeat about England and everything English, won’t get us anywhere either – unless it’s deeper into Brexit and petty nationalism. And we’d continue to walk as landowners dictate, and we may find as I have local field paths barbed-wired into the sides of fields, and rights of way diverted at a landowner’s behest, so that he can, as in one case I know, keep the best view for himself.

Apart from anything else it’s beautifully written and illustrated. In its own way it is a wonderfully wise book.

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