Great Britain -- Economic conditions; Great Britain -- Social conditions
Your humble subject Thomas Langhorne, one of the tenants of the lordship
of Thornthwaite in the county of Westmoreland, being molested in their
tenant right by one Henry Curwyn, servant unto Nicholas Curwyn, lord of
the said manor, desire most humbly that all actions at the Common Laws
here at Westminster might be stayed and the full hearing of the matter
reserved to the Lord President at York.
25 May, 18 Elizabeth.
Writ of injunction granted, as appears, etc.
[Footnote 260: For this form of customary tenure, "border tenure," see
_Northumberland County History_, _passim_.]
[Footnote 261: _i.e._ an _ejectio firmae_, an action of ejectment. See
Pollock and Maitland, _History of English Law_. Vol. II. p. 109.]
11. PETITION FROM FREEHOLDERS OF WOOTTON BASSETT FOR RESTORATION OF
RIGHTS OF COMMON [_Topographer and Genealogist, Vol. III_], _temp._
Charles I.
To the Right Honourable House of Parliament now assembled, the humble
petition of the Mayor and Free Tenants of the Borough of Wootton Basset
in the County of Wilts.
Humbly showeth to this Honourable House, That whereas the Mayor and Free
Tenants of the said Borough, by relation of our ancient predecessors,
had and did hold unto them free common of pasture for the feeding of all
sorts of other beasts, as cows, etc., without stint, be they never so
many, in and through Eastern Great Park, which said park contained by
estimation 2000 acres of ground or upwards; and in the second and third
year of the reign of King Philip and Queen Mary the manor of Wootton
Basset aforesaid came by patent into the hands and possession of one Sir
Francis Englefield, knight, who, in short time after he was thereof
possessed, did enclose the said park; and in consideration of the common
of pasture that the free tenants of the borough had in the said park did
grant, condescend and lease out unto the said free tenants of the said
borough to use as common amongst them that parcel of the said Great Park
which formerly was and now is called by the name of Wootton Lawnd, which
was but a small portion to that privilege which they had before it,
[and] doth not contain by estimation above 100 acres; but the free
tenants being therewith contented, the mayor and free tenants did
equally stint the said ground or common, as followeth:--that is to say
to the mayor of the town for the time being two cows feeding, and to the
constable one cow feeding, and to every inhabitant of the said borough,
each and every of them, one cow feeding and no more, as well the poor as
the rich, and every one to make and maintain a certain parcel or bound
set forth to every person; and ever after that inclosure for the space
of fifty and six years or thereabouts any messuage, burgage or tenement
that was bought or sold within the said borough did always buy and sell
the said cows-leaze together with the said messuage or burgage as part
member of the same, as doth and may appear by divers deeds which are yet
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