assise of novel disseisin would lie for the owner of the tenement, if it were done by  force, just as conversely1 the assise of novel disseisin of common of pasture would lie  for him to whom the servitude is owed. There is, however, a certain constitution called  the constitution of Merton, by which common may be restricted, depending on the  modus and constitution of the servitude,2 even against the will of him to whom the  servitude is owed. We must first see what the nature of that constitution is. It is as  follows.
Of the constitution of Merton by William of Ralegh, then justiciar.
 3Because there are many magnates who have enfeoffed their knights and free tenants  of small tenements in their manors, and are so hindered by them that they cannot use  the remainder of their manors advantageously, as in wastes, woods and great pastures,  despite the fact that the same feoffees may have sufficient pasture, that is, as  much as is proper for their tenements, it is therefore provided and granted by us4 that  henceforth when such feoffees, no matter by whom enfeoffed, arraign assises5 of novel  disseisin of common of pasture against their lords on the ground that they have put  into cultivation some part of their aforesaid tenements, if they acknowledge before  the justices that they have sufficient pasture, as much as is proper to their tenement,  with free ingress and egress, and a way or road for driving cattle from their tenements  to that pasture, let them [then] rest content with that and let those of whom they  complain be left undisturbed, that they may use to advantage their lands, wastelands  and pastures. If they say that they do not have sufficient pasture, as much as  is proper for their tenements, with sufficient ingress and egress, let the truth then be  investigated by an assise. If it is recognized by the assise that their lords6 in some way  hinder their ingress or egress, or that they do not have sufficient pasture, according  to what was said above, let the plaintiffs then recover their seisin by view of the  recognitors, so that by their judgment and oath the plaintiffs may have sufficient  pasture, with sufficient and adequate ingress and egress in the manner aforesaid, and  let the disseisors be in mercy and render damages, as was customarily done before  this provision. But if it is recognized by the assise that the plaintiffs have sufficient  pasture, with free entry and exit, according to what was said above, then let the  lords lawfully employ the residue to their advantage. If any free man is enfeoffed  by another and, by reason of an assise taken, or for some other reason, or without  any reason, restrains his lord from enclosing, or if when