Office of Public Sector Information
Page 1 of 1
This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
There are effects on this legislation that have not yet been applied to SLD for the following years: 2006 and 2007. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.
F1Act repealed (N.I.) by Statute Law Revision Act 1950 (c. 6)
C1Short title given by Statute Law Revision Act 1948 (c. 62), Sch. 2.
C2Act amended by Law of Commons Amendment Act 1893 (c. 57), s. 2.
X1The original text of this Act was not modern English. The traditional translation appears first with obsolete characters modernised. The original text (as an image) appears second.
Whereas in a Statute made at Merton, it was granted that Lords of Wastes, Woods, and Pastures, might approve the said Wastes, Woods, and Pastures, notwithstanding the Contradiction of their Tenants, so that the Tenants had sufficient Pasture to their Tenements with free [X1Egress and Regress to] the same: And Forasmuch as no Mention was made between [X2Neighbours and Neighbours,] many Lords of Wastes, Woods, and Pastures, have been hindered heretofore by the Contradiction of Neighbours having sufficient Pasture: And because foreign Tenants have no more Right to Common in the Wastes, Woods, or Pastures of any Lord than the Lord’s own Tenants; It is Ordained, That the Statute of Merton, provided between the Lord and his Tenants, from henceforth shall hold Place between Lords of Wastes, Woods, and Pastures, and their Neighbours; Saving sufficient Pasture to their Tenants and Neighbours, so that the Lords of such Wastes, Woods, and Pastures, may make Approvement of the Residue. And this shall be observed for such as claim Pasture as appurtenant to their Tenements. But if any do claim Common (X3) by special Feoffment or Grant for a certain Number of Beasts, or otherwise [X4which] he ought to have of common Right, [X5whereas Covenant barreth the Law,] he shall have such Recovery as he ought to have had by Form of the Grant made unto him: By occasion of a Windmill, Sheepcote Deyry, inlarging of a Court necessary, or Courtelage, from henceforth no Man shall be grieved by Assise of Novel Disseisin for Common of Pasture . . . F1 And where one, having no Right to Common, usurpeth Common what Time an Heir is within Age, or a Woman is covert, or whilst the Pasture is in the Hands of Tenants in Dower, by the Courtesy, or otherwise for Term of Life or Years, or in Feetail, and have long Time used the Pasture, many hold opinion, that such Pastures ought to be said to belong to [X6the] Freehold, and that the Possessor ought to have Action by a Writ of Novel Disseisin, if he be deforced of such Pasture; but from henceforth this must be holden, that such as have entred within the Time that an Assise of Mortdauncestor [X7hath lien,] if they had no Common before, shall have no Recovery by a Writ of Novel Disseisin, if they be deforced.
View a larger version of this image
F1Words repealed by Act 7 & 8 Geo. 4 c. 27
X1Variant reading of the text noted in The Statutes of the Realm as follows: Ingress and Egress into and from: Stat. 3 & 4 Ed. VI c. 3
X2Variant reading of the text noted in The Statutes of the Realm as follows: Neighbour and Neighbour: Stat. 3 & 4 Ed. VI c. 3
X3Variant reading of the text noted in The Statutes of the Realm as follows: of Pasture: Stat. 3 & 4 Ed. VI c. 3
X4Variant reading of the text noted in The Statutes of the Realm as follows: than: Stat. 3 & 4 Ed. VI c. 3
X5Variant reading of the text noted in The Statutes of the Realm as follows: where Covenant doth abrogate the Law: Stat. 3 & 4 Ed. VI c. 3
X6Variant reading of the text noted in The Statutes of the Realm as follows: his: Stat. 3 & 4 Ed. VI c. 3
X7Variant reading of the text noted in The Statutes of the Realm as follows: doth lye: Stat. 3 & 4 Ed. VI c. 3
Commons Act 1285