Note 417 — Chapter II · THE REACTION OF THE AGRARIAN CHANGES ON THE PEASANTRY

e.g. Holkham MSS., Fulmordeston, Bdle. 6: “To the Right Honourable Sir Edward Cooke, Knight, Attorney General unto the King’s Matie. Humblie sheweth unto your lordship yor poore and dayley orators ... yor worshippes tenants of the Manor of Fulmordeston cum Croxton in the Duchie of Lancaster, and the moste parte of the tenants of the same manor that whereas your said orators in the Hillary Terme last commenced suite in the Duchie Courte against Thomas Odbert and Roger Salisbury, gent., who have enclosed their grounds contrary to the custom of the manor, wherby your wor. loseth your shack due out of the grounds, common lane or way for passengers is stopped up, and your worshipps' poore orators lose their accustomed shack in those grounds, and the said Roger Salisbury taketh also the whole benefit of theire common from them, keepinge there his sheepe in grazinge, and debarring them of their libertie there which for comon right belongeth unto them.” For the rest of this document see Appendix I., and compare the following defence to a charge of breaking open an enclosure: “The owners of the said tenements, from time whereof there is no memory to the contrary, have had a common of pasture for themselves and their tenants in one close commonly called 'the new leasue,' in the lordship of Weston in the manner following; that is to say, when the field where the said 'leasue' doth lie, called Radnor field, lieth fallow, then through the whole year; and when the said field is sown with corn, then from the reaping and carrying away of the corn until the same be sown again ... and the said Thomas Dodd further said that he did break open the said close ... being fenced in such time as he ought to have common in the same, to the end that his cattle might take their pasture therein" (William Salt Collection, New Series, vol. ix., Chancery Proceedings, Bdle. 8, No. 9).