On the Agricultural Community of the Middle Ages : And Inclosures of the Sixteenth Century in England
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Further, the lord of the manor, as lord of the soil, had the right to inclose for his particular use a portion of the common pasture in so far as the pasture rights of the commoners were not damaged thereby. This right, called the right of approver,' seems for some time to have been doubtful, but it was made valid and determined expressly by two laws, Statute of Merton, e. 4 (20 Henry III. 1235-36, p. Ch.), and Statute of Westminster, 2 c. 46 (13 Edward I. 1285, p. Chr.) The first of these laws... makes mention that many large landed proprietors who have made over in fief on their manors to knights and others, small holdings free of the manor, cannot make use of their waste lands and forests, inasmuch as they had let to their vassals the appurtenant pasturage rights, together with the land plots (cum ipsi feofi'ati habeant sufficientem pasturatn quantum pertinet ad tenementa sua). On this account it was decided, that if the tenentes should complain of the withdrawal of this right of pasturage, and if upon a judicial inquiry it should appear that they had as much pasture, "quantum sufiicit ad tenementa sua cum libero ingressu et egressu," that the complaint should be dismissed.
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To quickly assess the difficulty of the text, read a short excerpt:
Further, the lord of the manor, as lord of the soil, had the right to inclose for his particular use a portion of the common pasture in so far as the pasture rights of the commoners were not damaged thereby. This right, called the right of approver,' seems for some time to have been doubtful, but it was made valid and determined expressly by two laws, Statute of Merton, e. 4 (20 Henry III. 1235-36, p. Ch.), and Statute of Westminster, 2 c. 46 (13 Edward I. 1285, p. Chr.) The first of these laws... makes mention that many large landed proprietors who have made over in fief on their manors to knights and others, small holdings free of the manor, cannot make use of their waste lands and forests, inasmuch as they had let to their vassals the appurtenant pasturage rights, together with the land plots (cum ipsi feofi'ati habeant sufficientem pasturatn quantum pertinet ad tenementa sua). On this account it was decided, that if the tenentes should complain of the withdrawal of this right of pasturage, and if upon a judicial inquiry it should appear that they had as much pasture, "quantum sufiicit ad tenementa sua cum libero ingressu et egressu," that the complaint should be dismissed.
What to read after On the Agricultural Community of the Middle Ages : And Inclosures of the Sixteenth Century in England?
You can find similar books in the "Read Also" column, or choose other free books by Cobden Club (London, England) to read onlineMoreLess
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