Commons Act 1235

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Commons Act 1235 the English Parliament

Part of the Statute of Merton

PROVISIONES DE MERTON. Statutes made at Merton in Crastino Sancti Vincentii (scil. 23. Jan.) Anno 20 HEN. III. and Ann. Dom. 1235.

Commons Act, 1235

1235 (20 Hen. 3) C A P. IV.

IT was provided in the Court of our Lord the King, holden at Merton on Wednesday the morrow after the Feast of St. Vincent, the 20th Year of the Reign of King HENRY the Son of King JOHN, before William Archbishop of Canterbury, and other his Bishops and Suffragans, and before the greater part of the Earls and Barons of England, there being assembled for the Coronation of the said King, and Hellianor the Queen, about which they were all called, where it was treated for the Commonwealth of the Realm upon the Articles underwritten, thus it was provided and granted, as well of the foresaid Archbishops, Bishops, Earls, and Barons, as of the King himself and others.

In what Cases Lords may approve against their Tenants.

2 Inst. 84. 1 Roll. 365. 8 Ed. 3. 39. 7 Ed. 3. 67. Mirror 318. Enforced by 3 & 4 Ed. 6. c. 3.

ALSO because many great men of England(which have infeoffed Knights and their Freeholders of small Tenements in their great Manors) have complained that they cannot make their Profit of the residue of their Manors, as of Wastes, Woods, and Pastures, whereas the same Feoffees have sufficient Pasture, as much as belongeth to their Tenements;

(2) it is provided and granted, That whenever such Feoffees do bring an Assise of Novel disseisinfor their Common of Pasture, and it is knowledged before the Justicers that they have as much Pasture as sufficeth to their Tenements, and that they have free Egress and Regress from their Tenement unto the Pasture, then let them be contented therewith; and they on whom it was complained shall go quit of as much as they have made their Profit of their Lands, Wastes, Woods, and Pastures;

(3) and if they alledge that they have not sufficient Pasture, or sufficient Ingress and Egress according to their Hold, then let the Truth be inquired by Assise;

(4) and if it be found by the Assise, that the same Deforceors have disturbed them of their Ingress and Egress, or that they had not sufficient Pasture (as before is said) then shall they recover their Seisin by view of the Inquest: so that by their Discretion and Oath the Plaintiffs shall have sufficient Pasture, and sufficient Ingress and Egress in form aforesaid;

(5) and the Disseisors shall be amerced, and shall yield Damages, as they were wont before this Provision.

(6) And if

a Cognoverint in marg. b Portinet in marg. c Rei veritas in marg.

Enforced and extended by 13 Ed. 1 stat. 1. c. 46. 2 Vern. ca. 290, 322.

And see 29 Geo. 2. c. 36. for enclosing Commons, with Consent of Lords and Tenants, for planting Timber.

it be certified by the Assise, that the Plaintiffs have sufficient Pasture, with Ingress and Egress, as before is said, let the other make their Profit of the residue, and go quit of that Assise.

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