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
We have considered till now the different aspects assumed by common of
pasture, when it arises within the manor, and as a consequence of the
arrangement of its holdings. But this is not the only way in which
common of pasture may arise. It may originate in an express and special
grant by the lord either to a tenant or to a stranger[542]; it may also
proceed from continuous use from time beyond legal memory[543]: it must
have been difficult in many cases to prevent strangers from establishing
such a claim by reason of long occupation in some part of a widely
stretching moor or wood pasture[544]. It was not less difficult in such
cases to draw exact boundaries between adjoining communities, and we
find that large tracts of country are used as a common pasture-ground by
two villages, and even by more[545]. Neighbours deem it often
advantageous to establish a certain reciprocity in this respect[546]. By
special agreement or by tacit allowance lords and tenants intercommon
on each other's lands: this practice extends mostly to the waste only,
but in some cases the arable and meadow are included after the removal
of the crop and of the hay. The procedure of the writ 'quo jure' was
partly directed to regulate these rights and to prevent people from
encroaching wantonly upon their neighbours[547]. When land held in one
fee or one manor was broken up for some reason into smaller units, the
rights of pasture were commonly kept up according to the old
arrangements[548].
These different modes of treating the pasture present rather an
incongruous medley, and may be classified in several ways and deduced
from divers sources.
[Modern classification of commons.]
Public-domain text, read in full here on John Shaqi.
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