The jurors say that the wood was at one time common, in such wise that there were five sharers who had the wood common, and afterwards by their consent a partition was made between them that each should have his part in severalty, and it was granted that each might assart[138] his part and grow corn, saving however to each of them common of herbage after the corn was carried, and most of them assarted their part, but the wood whereof complaint is made was not then assarted, and because he to whom the wood pertains has now assarted a part, the said Wymar has brought a writ of _novel disseisin_. But because it is acknowledged that the wood was thus partitioned among the sharers, it is decided that the aforesaid Elias has not disseised him, and so Elias is dismissed _sine die_ and Wymar is in mercy. And it shall be lawful for each sharer to assart his wood, saving to each of them common of his pasture after the corn and hay is carried. [Footnote 137: _sc._ The King's last return from Brittany.] [Footnote 138: Bring into cultivation.] 13. AN ENCLOSURE DISALLOWED [_Bracton's Note-Book_, III, 211, _No._ 1196], 1236-7 The assize comes to recognise if Robert de Fislake unjustly etc. raised a dyke in Woodhouse to the injury of the free tenement of Adam de Bladewrthe in the same town after etc.[139] Whereon Adam complains that Robert caused to be enclosed a meadow lying near his land, in which he ought to have common of herbage after hay-carrying, and that it ought to lie to pasture every third year with the fallow, wherefore he says that the dyke is to his injury and puts himself on a jury thereof. And Robert does the like. The jurors say that the aforesaid Adam always used to have common in that meadow and in the land of Robert by that meadow after the corn and hay were carried, and when the land lay fallow, then in both meadow and fallow, and Robert caused the meadow to be enclosed so that Adam can have no entry to that pasture. And so it is awarded that the dyke be thrown down, and the meadow made as it should be, so that the aforesaid Adam have entry and issue, and that Robert be in mercy, etc. [Footnote 139: _sc._ The king's last return from Brittany.] 14. A VILLEIN ON ANCIENT DEMESNE DISMISSED TO HIS LORD'S COURT [_Bracton's Note-Book_, III, 65. _No._ 1030], 1224. The assize comes to recognise if Bartholomew son of Eustace unjustly and without a judgment disseised William son of Henry of his free tenement in Pilton after the last, etc. And Bartholomew comes and says that the assize ought not to be made thereof because the said William held the tenement only in villeinage, and is his villein, and does for him all customs such as ploughings and others, and says further that he cannot marry his daughter save by his lord's licence etc.