Editing Common land (section)

==Origins==
[[File:Pannage in the New Forest.JPG|thumb|Modern-day [[pannage]], or common of mast, in the New Forest]]
[[File:Medieval Open Field System.JPG|thumb|Conjectural map of a mediaeval English [[Manorialism|manor]]. The part allocated to "common pasture" is shown in the north-east section, shaded green.]]

Originally in medieval England the common was an integral part of the [[Manorialism|manor]], and was thus part of the [[estate in land|estate]] held by the lord of the manor under a grant from the Crown or a superior peer (who in turn held his land from the Crown; it is sometimes said that the Crown was held to ultimately own all land under its domain). This manorial system, founded on feudalism, granted rights of land use to different classes. These could be ''[[appurtenant]]'' rights whose ownership attached to tenancies of particular plots of land held within a manor.<ref>{{cite book |last1=Kerridge |first1=Eric |title=The common fields of England |date=1992 |publisher=Manchester University Press |location=Manchester, UK |isbn=0719035724 |page=52}}</ref> A commoner would be the person who, for the time being, was the occupier of a particular plot of land. Most land with appurtenant commons rights is adjacent to the common. Other rights of common were said to be ''[[easement|in gross]]'', that is, they were unconnected with tenure of land. This was more usual in regions where commons were more extensive, such as in the high ground of Northern England or in the [[The Fens|Fens]], but also included many [[village green]]s across England and Wales.

Historically [[manorial court]]s defined the details of many of the rights of common allowed to manorial tenants, and such rights formed part of the [[copyhold]] tenancy whose terms were defined in the manorial court roll.

Example rights of common are:

* [[Pasture]]. Right to pasture cattle, horses, sheep or other animals on the common land.  The most widespread right.
* Piscary. Right to fish.
* [[Turbary]]. Right to take sods of turf for fuel.
* Common in the Soil. This is a general term used for rights to extract minerals such as sands, gravels, marl, walling stone and lime from common land.
* Mast or [[pannage]]. Right to turn out pigs for a period in autumn to eat mast ([[beech]] mast, acorns and other nuts).
* [[Estovers]]. Right to take sufficient wood for the commoner's house or holding; usually limited to smaller trees, bushes (such as [[gorse]]) and fallen branches.<ref>[http://www.newforestexplorersguide.co.uk/sitefolders/commoning/marl%20turbary%20sheep/marl%20turbary%20sheep%20page.html New Forest explorers guide].</ref><ref>[http://direct.gov.uk/en/HomeAndCommunity/Planning/LandAndPropertyDevelopment/DG_10026177 UK government].</ref>

On most commons, rights of [[pasture]] and [[pannage]] for each commoner are tightly defined by number and type of animal, and by the time of year when certain rights could be exercised.  For example, the occupier of a particular cottage might be allowed to graze fifteen [[cattle]], four [[horse]]s, [[pony|ponies]] or [[donkey]]s, and fifty [[geese]], whilst the numbers allowed for their neighbours would probably be different.  On some commons (such as the [[New Forest]] and adjoining commons), the rights are not limited by numbers, and instead a ''marking fee'' is paid each year for each animal ''turned out''.<ref>[http://www.verderers.org.uk/rights.html Forest rights].</ref> However, if excessive use was made of the common, for example, in [[overgrazing]], a common would be ''stinted'',<ref>Susan Jane Buck Cox - "No tragedy on the Commons" Journal of Environmental Ethics, Vol 7, Spring 1985 [http://dlc.dlib.indiana.edu/dlc/bitstream/handle/10535/3113/buck_NoTragedy.pdf?sequence=1&isAllowed=y]</ref> that is, a limit would be put on the number of animals each commoner was allowed to graze. These regulations were responsive to demographic and economic pressure. Thus rather than let a common become degraded, access was restricted even further.

The lord of the manor must only exercise his rights so far as to leave a "sufficiency" of resource for commoners. This was at issue in 1889 when the lord of the manor and owner of Banstead Downs and Heath, a Mr Hartopp, excavated gravel and threatened to reduce the available pasture.  The meaning of sufficiency was challenged in court, expert witnesses stated that the grazing capacity was 1,200 animals, the commoners rights totalled 1,440 animals, and 600 animals were normally turned out. It was decided sufficiency was whether enough grazing would be available for all the animals that could be turned out. The judgment was that "The Lord is bound to leave pasture enough to satisfy the commoners rights whether such rights are to be exercised or not". Commoners also have the right to "peaceful enjoyment" of their rights, so that they cannot be hindered by the lord of the manor. This was first proposed in 1500 and became case law in 1827.<ref>{{cite book |title=A guide to the Law of Commons |first=Ian |last=Campbell |publisher=Open Spaces Society |year=1971}}</ref>