hers of his free tenants of his said manor
dwelling in the parish of Torrington aforesaid, common of pasture for
their beasts and cattle in and throughout his waste grounds within his
manor of Great Torrington, lying within the aforesaid parish and known
by divers names there, by the name of the Wester Common and one other by
the name of Hatchmoor Common with, others, which waste grounds in the
whole do contain about five hundred acres of land and are lying very
near adjoining to the said town on each side thereof, the which hath
been and so might continue and be very profitable and commodious for all
the poor inhabitants of the said town and other free tenants of the said
manor that by the same grant ought to have common of pasture therein, if
the same were used in any reasonable rate or with any indifferency
according to the good and charitable mind and intent of the said granter
thereof, but in what form or what the words of the deeds are the said
complainants could not express.

"They, or some of them [the defendants], do continually oppress and
surcharge with their beasts, sheep, and cattle the common grounds, so as
the poor inhabitants cannot well keep a cow or horse thereupon for their
use and commodity in any good estate, whereas if the same were used with
any indifferency according to the true intent of the donor thereof,
every inhabitant within the said town that hath any ancient burgage to
which the said common of pasture was granted might well keep two kine or
a cow and a gelding or a horse beast with little or no charge. All which
was devoured and eaten up by six or eight of the richest greedy persons
of the same town and the inhabitants thereof."

But the benefit of common was sometimes not merely attenuated by the
action of a powerful and covetous few, but, as was before observed,
wholly or partially lost. The following passage from the same bill
throws some light on the point:

"And also the said Roger Ley under colour of a lease, which he himself
with the residue of his consorts made of certain tenements, parcel of
the said lands and tenements, unto certain of the children of the said
Ley wherein he had cunningly inserted parcel of the same common ground
contrary to the knowledge and weeting of the residue of his cofeoffees
or some of them had entered upon parcel of the said common ground called
Hatchmoor or lying in Hatchmoor, wherein the said complainants, having
burgages within the said town, and a