Here begynneth a ryght frutefull mater: and hath to name the boke of surueyeng and improume[n]tes

¶Of forren woodes where other men haue cōmen / where the lorde may improwe himselfe therof and of howe many acres / and what the vesture of an acre is worthe / & what the groūde is worthe whan the woode is fallen / and howe many acres they cō¦tayne / and what an acre is worthe. Cap. vi. (Book 6)

ITem inquirendum est de boscis forinsicis vbi alii cōicant / quid de eisdem boscis do∣minus se possit approiare / et de quot acris et pro quanto vestura cuiuslibet acre cōmu¦niter possit appreciari / et quantum fundus valet post{quam} prostratus fuerit boscus / & quot acre iste cōtineant / & quantū quelibet acra valet {per} annū. It is to be inquered of forren wodes / wher they & other cō¦men togyder / & what of those wodes the lorde maye improwe him selfe & of howe many acres / & for howe moche the vesture / y^t is to say / the wode of euery acre maye be solde / & howe moche the grounde is worthe after the woode be fallen downe / & howe many acres it conteyneth / & what euery acre is worth by the yere.

The declaracyon of this statute is doutfull / bycause of the none certentie therof / what is sufficyent com∣men. for it is clerely ordayned by y^e statute of More∣ton / and after confyrmed by the statute of Westmyn∣ster seconde. That the lorde shall improue hym selfe of their wastes / wherby is vnderstāde of their cōmen mores / hethes / and wast groundes / as well as of wo¦des. Thoughe the statute speke but of woodes onely leauyng their tenauntes sufficient commen / the whi∣che in myne opinyon be those tenauntes that haue cō¦men appendaunt / and holde their landes of hym. It is necessarie to be knowen what is sufficient of com∣men / and that me semeth by reason shulde be thus. To se howe moche catell the hey and the stray that a husbande getteth vpon his owne tenement / wyll fyn¦de sufficyently in wynter / if they lye in house and be kept therwith all the wynter season / for so moche ca∣tell shulde he haue cōmen in Somer / and that is suf∣fycient. ye shall vnderstande that there be foure ma∣ner of commens / that is to wytte: cōmen appendant commen appurtenaunt / commen in grose / and com∣men per cause vicynage .s. neyghbourshepe. Com∣men appendaunt / is where a lorde of olde tyme hath graunted to a man a meseplace / and certayne landes medowes / and pastures with their appurtenaunces to holde of hym. To this meseplace / landes / and me¦dowes belongeth commen / and that is called cōmen appendaunt. But and a man graunt to another cer∣tayne landes or pastures / the whiche lye in seueraltie enclosed with the appurtenaūce in fee / to holde of the

chefe lordes. To these landes me semeth belōgeth no cōmen / without he haue suche speciall wordes in his dede. Commen appendaūt / is where a man hath had cōmen to a certayne nombre of beestes or without nō¦bre belongyng to his meseplace in the lordes wastes / this is commen appurtenaunte by prescripcyon / by∣cause of the vse out of tyme of mynde. Commen in∣grose / is where the lordes haue graunted by their de¦des / commen of pasture to a straunger that holdeth no landes of hym / nor ought to haue any cōmen / but by reason of that graunt by dede. Nowe the lordes maye nat improue hym selfe of any parcell / for it is contrarie to his graunt / thoughe there be sufficyent of commen. And in lyke case / if the lorde graunt com¦men to a man by dede / and to lymitte him a certayne nombre of beestes. Se what was commen at that ty¦me and of that the lorde shall nat improue hym selfe / for and he shulde / the goodnesse of the cōmen to that certayne nombre shulde be abridged that they shulde nat fare so well / and euery mānes dede shall be taken strōgest agaynst hym selfe. And in lyke maner / if the lorde graunt a man commen with his catell / within certayne meyres / lymittes / & boundes / the lorde shall nat improue hym selfe / within those meyres and boū¦des. Cōmen per cause de vicynage / is wher the wast grounde of two towneshippes lye toguyder / and no∣ther hedge nor pale bytwene to kepe their catell a son¦der / so that the catell of one towneshyppe gothe ouer his meyre or bounde in to the waste grounde of the o∣ther towne / and lykewise the catell of the other town¦shyppe

to them. And also if their commen feldes lye toguyder vnclosed / in opyn tyme whan haruest is in their catell wyll go out of the one felde in to the other felde / and this is called commens / bycause of neygh∣bourshyp / and is nat vsed nor laufull to pynne their catell so goyng / but in good maner to driue and cha∣ce besyde suche cōmen. And as for that maner of com¦mens / me semeth the lorde may improwe him selfe of their wast groundes / leauyng their owne tenauntes sufficyent cōmen / hauyng no regarde to the tenaun∣tes of the other towneshyp. But as for all errable lan¦des / medowes / leyse / and pastures / the lordes maye improwe them selfe by course of the cōmen lawe / for the statute speketh nothynge but of wast groundes. And ye shall vnderstande / that howbe it that a lorde maye nat improwe him selfe of his wast groundes / yet may he laufully fall and selle all the wode / brome / gorse / fyrs / braken / ferne / busshes / thornes / and suche other / as fre stonne / lyme stone / chalke / turues / claye / sande / leed / ore / or tynne / to his owne vse: for the tenā¦tes may haue nothyng by reason of commen / but all onely bytte of mouthe with their catell. And ye shall knowe / that swyne and Geese haue no commen / but by suffraunce / without speciall wordes in their char∣ter. Also the lorde shall haue his free warren / for all maner beestes & foules of warren in his wast groun∣des / as well as in his seuerall groundes. and as long as the beestes or foules of warren be vpon the lordes grounde / they be the lordes yf he haue warren / and the lorde maye haue an actyon of Trespace agaynst

any man that chaceth or kylleth any of theym in his commen / as well as in his seuerall. And if they go or flye out of the lordes warren / than is the pro{per}tie chā¦ged / and the lorde hath lost his actyon for takynge of them whan they be oute of his warren / without they come in to his warren agayne. there is no man hath warren but by speciall graunt of the kynge by char∣ter / except it haue ben vsed tyme out of mynde / and a¦lowed before iustyce in heyre. And as for the articles contayned in this present chapiter the letter therof is playne ynoughe / and also touched before.