Common land refers to the non-arable and unenclosed parcels of land on a manor such as wastes, woods and pasture. It was owned by the manorial lord but the tenants had the right to its natural products – for food, fuel and materials – and to pasture their animals. However, not everyone had equal rights to the use of common land. Common rights went with tenure, with some tenants entitled to a greater share of common resources than others. The use of common land was governed by manorial custom and regulated through the manorial courts. Manorial courts could qualify customary entitlements further through the issuing of ordinances or by-laws, restricting the use of commons to certain times of the year, the number and type of animals that could be pastured, or the amount of material that could be taken at any one time. Tenants who took more than their entitlement, or who otherwise infringed custom or ordinance, were presented in the manorial courts and fined.

The landless – squatters, inmates and their tenants – had no legal rights to the exploitation of common land, although in practice they might be allowed unofficial ‘use rights’, such as the gathering of fuel, or the pasturing of a cow. The exercise of common rights could form a substantial part of the income of the poor. It has been estimated that in the 18th century the pasturing of a single cow on common land might constitute as much as 40% of an agricultural labourer’s income and fuel rights could have been worth between 10 and 20% of earnings. Income derived in this way could allow a family to remain self-sufficient rather than become dependent upon parish rates. For this reason, although tenants were assiduous in guarding their common rights, they would tolerate unofficial use by those who might otherwise become a financial burden on the parish, for which they would all be liable.