Note 1 — Chapter II · THE MERCIAN TYPE OF VILLAGE COMMUNITY.

The following extract from a sixteenth century writer throws some light upon this point: “Another disorder of oppression aduerte this wone wiche is muche odyous, A lord geauyn to private affection lettinge the pooareman an olde rotten howse, which hathe (to the same) profyttes commodious its Cloase, and Common, with Lande in the feelde but noate well heere howe the pooareman is peelde. “The howse shall hee haue and A gardeyne plott, but stonde he must to the reperation: Close, Comon or Londe fallithe none to his lott; that beste might helpe to his sustentation. the whoale Rente payethe hee for his habitation, as though hee dyd thappertenauncis possesse Such soare oppression neadethe speadye redresse.” “The Pleasaunt Poesye of Princelie Practise” (1548) William Forrest, Chapter III., 21 & 22 E.E.T.S. Extra Series, XXXII. We have here the practice of divorcing the cottage from its common right described as a novelty. The Act of 31 Elizabeth, c. 7, by prohibiting the letting of cottages without 4 acres of land, in effect prohibited the letting of a cottage without a common right, as the 4 acres would not be the highly valued Close, and could not, unless the rights of other villagers were infringed, be waste or common pasture. Four acres in the common arable field was implied, and this of course carried a right of common.