ing to
the custom of the chace, no person could put to common more beasts than
could be fed or wintered on the produce of the land which he held in the
same chace; and because Robert brought his beasts from his lands which
he held elsewhere, which beasts could not be fed or wintered on the land
which he held within the chace, contrary to the usage and custom of the
said chace, he (Richard) took them, &c....'

"_Warwick_: 'Sir, first of all they avowed the taking, and said that we
ought not to have any kind of common; and now they have admitted our
right of common partially, viz. as to beasts which can be wintered ...'

"_Gosefield_: 'The assise of forest is notorious and well-known to all,
viz., that no man can have therein more beasts to common than can be fed
off the said land.'

"_Warwick_ (he spoke then for the King): 'Richard, do you claim to have
assise of forest?'

"_Gosefield_: 'Nay, sir. But King Henry granted and gave it to us to
hold as a chace in the same manner as he held it while it was a royal
forest; and we have three swain-motes yearly for searching and inquiring
whether anyone puts more beasts therein than he ought to put; and,
inasmuch as King Henry granted it to us to hold like as he held it, it
seems to us that there is no need to take the Inquest.'

"_Hertford_ [the judge]: 'Do you accept the averment or not?'

"_Gosefield_ (being obliged to accept the averment) said: 'Sir, they
were never seised of common for more beasts than could be wintered and
fed and supported on the growth of the said land.'"

There is appended to this report a note which lays down the law in a
different sense from that before stated. It is as follows:

"It is not sufficient for anyone who avows distress to say that he
avows the taking, &c., for that he found the beasts in his chace of such
a place, or in the common of such a place, where he had no right of
common; for it may be that neither party had a right of common; and thus
it is not sufficient but he must say that he found them in his several
pasture, or must say some other thing that touches himself and gives him
a right to impound what he found. For no man can avow a distress in a
common pasture save the lord of the soil of the common pasture. For if
any of the commoners were to make avowry for beasts taken in the common
pasture it would then follow that if the Inquest were to pass against
the plaintiff, he who avowed the taking in the common pasture would ha