(Previous to the General Enclosure Act of 1845.)
Statute of Merton (1235), c. 4.
Enabled lords of manors, on leaving sufficient pasture for their tenants on the waste, to enclose the residue; but the lord must prove that the tenants have sufficient pasture, and means of ingress and egress.
Statute of Westminster (1285), c. 46.
Enabled lords of manors in which the waste was used as a common pasture by other manors, to enclose against their neighbours, when no specific grant of a right of common pasture had been made. It also provided against the creation of new common rights. “ By occasion of a Windmill, Sheepcote, Dairy, enlarging of a court necessary, or Courtelage, from henceforth no man shall be grieved by Assize of Novel Disseisin for Common of Pasture.” If after enclosure under this act the hedges are pulled down, the neighbouring townships may be distrained upon for damages.
ACTS FOR THE PROTECTION OF FORESTS.
21 Edward IV. (1482), c. 7.
In a forest subject to common rights after a wood has been felled the land may be enclosed for seven years to protect the young timber.
35 Henry VIII. (1544), c. 17.
Where woods are subject to common rights, lords of manors may enclose one fourth of the wood for seven years, and fell the timber, leaving 12 young trees per acre standing. Meanwhile the lord of the manor surrenders his common rights upon the remaining three fourths. Kent, Surrey and Sussex were excluded from the operation of the act.