"They, or some of them [the defendants], do continually oppress and
surcharge with their beasts, sheep, and cattle the common grounds, so as
the poor inhabitants cannot well keep a cow or horse thereupon for their
use and commodity in any good estate, whereas if the same were used with
any indifferency according to the true intent of the donor thereof,
every inhabitant within the said town that hath any ancient burgage to
which the said common of pasture was granted might well keep two kine or
a cow and a gelding or a horse beast with little or no charge. All which
was devoured and eaten up by six or eight of the richest greedy persons
of the same town and the inhabitants thereof."
But the benefit of common was sometimes not merely attenuated by the
action of a powerful and covetous few, but, as was before observed,
wholly or partially lost. The following passage from the same bill
throws some light on the point:
"And also the said Roger Ley under colour of a lease, which he himself
with the residue of his consorts made of certain tenements, parcel of
the said lands and tenements, unto certain of the children of the said
Ley wherein he had cunningly inserted parcel of the same common ground
contrary to the knowledge and weeting of the residue of his cofeoffees
or some of them had entered upon parcel of the said common ground called
Hatchmoor or lying in Hatchmoor, wherein the said complainants, having
burgages within the said town, and all other that dwell in the ancient
burgages or dwelling-houses within the said town, ought and had used
time out of mind to have common of pasture, without any colour of lawful
right had enclosed and tilled two parcels thereof containing about
fourteen or sixteen acres and made divers leases thereof to persons
unknown, and had shut up an ancient lane or way, commonly called Dark
Lane, leading from the said town to the said common of Hatchmoor,
through which the inhabitants of the said town had always time out of
mind, until the said enclosure, used go and drive to the said common, to
the great hindrance, hurt, and damage of the said complainants, and to
the disinherison of the said town for ever.
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