An Ancient English Right [Land Law]. [Great Britain]. The Law of Commons and Commoners; Or a Treatise Shewing the Original and Nature of Common, And the Several Kinds Thereof, Viz. Common Appendant, Appurtenant, Estover, Turbary, Peschary and Pur Cause of Vicinage, Of Commons in Gross, and Sans Number, With the Pleadings in Reference to Every of Them. As Also the Powers and Privileges of Commoners, in Reference to the Soil, to the Lord, to Strangers, and of the Remedies and Actions They May Have. Of Declarations, Pleadings, In and to Actions Brought by and Against Commoners. Approvement, Apportionment, Suspension and Extinguishment of Common. Of Grant of Common, and By What Words Common Shall Pass. Together With the Learning of Prescriptions in General; the Form and Manner of Pleading Prescription, In Reference to Common, in Several Rules. Of Prescription and Pleading by a Copyholder in Reference to Common. Of Evidence to Prove Prescription for Common, the Several Customs of commoners, and of Enclosures. With Several Forms of Precedents Adapted to Every Sort of Common. [London]: Printed by the Assigns of Richard and Edward Atkins, 1698. [xxii], 255,  pp. With a 2 pp. publisher list (pp. [xxi-xxii]) before main text. Lacking 8 pp. publisher list at end of text. Octavo (7-1/4" x 4-3/4"). Recent period-style calf, blind rues enclosing frames with corner fleurons to boards, raised bands, blind ornaments and lettering piece to spine, endpapers renewed. Light browning and foxing to text, early owner signature to head of title page, careful repair to its lower corner. An attractive copy. $1,500. * First edition. Commons is open and uncultivated land or water owned by a lord to which certain occupiers of adjacent enclosed land have certain rights. These include the right to pasture animals, to fish (peschary), to cut peat (turbary) and to gather wood (estovers). A body of custom and enacted law with origins in the Anglo-Saxon period, commons was long considered a central English right and a cornerstone of the feudal structure. Indeed, the gradual elimination of commons through the series of enclosure acts enacted from 1760 to 1830 triggered widespread social protest. Though the acts were motivated by the needs of modern agriculture, and had a profound effect on the livelihood of small farmers and the poor, they were not attacked o.
Book number 68722