The ancient bell
which he rang at the foot of the 'cow road' is still preserved in the
village."
In Saxon times the purchase of stock by an individual was a matter of
general concern to the community in which he lived. By a law of King
Edgar, if a man in the course of a journey bought cattle, he was
required on his return to turn them out into the common pasture, "with
the witness of the township." If he omitted to do so within five nights,
the townsmen were to acquaint the hundred elder, and the cattle were
forfeited, the lord receiving one-half and the hundred the other. If the
townsmen failed in their duty, their herdsman was subjected to a
flogging. For the purchase of cattle the witness of the township was not
enough. Twelve standing witnesses were appointed for every hundred, and
the buyer had to make it his business to seek out two or three of them
so as to secure their presence at the transaction.
Whatever the primitive constitution of society may have been, in
historical times three parties possessed an interest in the waste.
Blackstone defines common as "a profit which a man hath in the land of
another, as to feed his beasts, to catch fish, to dig turf, to cut
wood, and the like." In theory, the waste belonged to the King, who
vested portions of it in individual lords or religious houses, and they
thus became recognized owners of the soil. In case of outlawry or
attainder, the waste reverted to the Crown, which, according to custom,
held possession of it for a year and a day.
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