Page:The English Reports v1 1900.pdf/505

There were anciently three open common fields belonging to the town of Charlton, in the county of Northampton, which were used in tillage; and at certain seasons of the year, all the owners of lands in any of the said three fields, or their tenants, had a right to keep a certain stinted number of beasts, sheep, and other cattle thereon, in proportion to the several quantities of land which they held therein, and not otherwise; viz. after the rate of common for two cows and fourteen sheep, for every yard land in the said fields.

The least of these three fields, called Westfield, contained about 109 acres; and about fifty-three years ago, by common consent between all the then owners of land, who had any right of common therein, this field was agreed to be laid down and converted from tillage into pasture, to be afterwards enjoyed as a cow pasture for 99 years; and it was at the same time agreed, what number of cattle should be thereafter kept in the said field.

After the said Westfield had been so converted, it was by experience found to be much for the advantage of all parties, that the said usage should be continued; and, as there were several closes adjoining to the said Westfield, called Lammas Closes, which separately belonged to different persons, but were commonable for part of the year; the owners of these Lammas Closes were desirous that they and their tenants might enjoy the same, free from all right of inter-commoning thereon; and in lieu and consideration thereof, proposed to allow the owners of other lands in the said fields, who had no Lammas Closes, certain privileges, by enlarging their commons on other parts of the said fields, beyond what they were otherwise intitled to.

For this purpose, certain articles of agreement were, on the 8th of April 1668, signed by the several persons who then had any interest in the said Lammas Closes, or lands in the Westfield, or other fields in Charlton, or right of common there, or by some other person or persons, by them authorised so to do; and particularly by one John Turland, for and on behalf of the Lady Wilbraham, or Ralph Wilbraham, esq. (under whom the now appellant claimed) to whom the said Turland was then not only tenant, but steward or bailiff. And by these articles it was agreed, that Westfield should continue a cow pasture for 99 years; and that every owner of land should lay down and continue two acres for one cow, and cut his thorns once in ten years; that such persons, [166] who had no land in the said Westfield, but had land in the other two fields, should for every yard land and a half which they severally had in the said other fields, from thenceforth during the 99 years, be allowed by the owners of the said Lammas Closes, one cow's common yearly in Westfield; and in lieu thereof, the said Lammas Closes should be enjoyed by the owners and their tenants, inclosed and several, at all times during the time aforesaid, free from any right of commoning thereon; that Mr. John Willoughby, who was owner of two of the Lammas Closes, and the owners of the other Lammas Closes, should enjoy the same inclosed and in severalty, he and they, in respect thereof, abating common for half a yard land every other year. And Mr. Willoughby, to provide a bull for the use of the herd, and in lieu thereof, to be allowed one cow's common throughout the said Westfield; that William Haddon, for the liberty of keeping his closes several, should abate of his common, in proportion to half a yard land; that no one should, in any year, keep above six ewes and lambs in Westfield, for one yard land; and the rest of their stint of sheep, to be made up