Villainage in England: Essays in English Mediaeval HistoryVinogradoff, Paul
History
Villainage in England: Essays in English Mediaeval History
Vinogradoff, Paul
Villeinage -- England -- History -- To 1500
Land for pasture also occurs in private hands and in severalty, but such
cases are much rarer[536]. Sometimes the pasture gets separated and put
under 'defence' for one part of the year, and merges into communal
ownership afterwards[537]. But in the vast majority of cases the pasture
is used in common, and none of the tenants has a right to fence it in or
to appropriate it for his own exclusive benefit. It ought to be noted,
that the right to send one's cattle to the pasture on the waste, the
moors, or in the woods of a manor appears regularly and intimately
connected with the right to depasture one's cattle on the open fields of
the village[538]. Both form only different modes of using communal soil.
As in the case of arable and meadow the undivided use cannot be
maintained and gets replaced by a system of equalised shares or
holdings, so in the case of pasture the faculty of sending out any
number of beasts retires before the equalisation of shares according to
certain modes of 'stinting' the common. We find as an important manorial
arrangement the custom to 'apportion' the rights of common to the
tenements, that is to decide in the manorial Court, mostly according to
verdicts of juries, how many head of cattle, and of what particular
kind, may be sent to the divers pasture-grounds of the village by the
several holdings. From time to time these regulations are revised. One
of the Glastonbury Surveys contains, for instance, the following
description from the 45th year of Henry III. Each hide may send to the
common eighteen oxen, sixteen cows, one bull, the offspring of the cows
of two years, two hundred sheep with four rams, as well as their
offspring of one year, four horses and their offspring of one year,
twenty swine and their offspring of one year[539]. According to a common
rule the only cattle allowed to use the village pasture was that which
was constantly kept in the village, _levant e couchant en le maner_. In
order to guard against the fraudulent practice of bringing over strange
cattle and thus making money at the expense of the township, it was
required sometimes that the commonable cattle should have wintered in
the manor[540].
[Pasture an adjunct to holding.]
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