OF WOODS, &c., BELONGING TO COMMUNITIES, 141 



the age of the wood in each arpent, being the finest shoots 

 of oak, beech, or others of the best kinds, over and above 

 trees of older growth, anciens and modernes, and fruit trees. 



* 4. If, however, the woods were a gratuitous grant from 

 the seigneurs without burden of any quit-rent, rent or 

 service, allegiance or servitude, the third part may be set 

 aside and separated for their profit, in case they so require 

 and the two other parts be sufficient for the use of the 

 parish, otherwise this partition shall not take place : but 

 the seigneurs and inhabitants shall enjoy them in common 

 as before. This shall also be done equally with meadows, 

 marshes, islands, wild pastures, lands, heaths, and gravss 

 pastures, where the seigneurs have no other right than 

 that of usage, and send their beasts on pasture as do first 

 inhabitants, without partition or measurement, if there be 

 not a grant from them without quit-rent, service, or servi- 

 tude. 



' 5. The concession cannot be reckoned gratuitous on 

 the part of the seigneurs if the inhabitants can prove to 

 the contrary by a purchase they have made of them, or 

 if they be held by other burden. If they pay or make 

 some recognition in money, field work, or otherwise, 

 the concession shall pass as burdened, and although the 

 inhabitants cannot show their title this will hinder all 

 separation of any part for the profit of the seigneurs, who 

 shall enjoy only their usages and chaufages as they were 

 wont. 



* 6. The seigneurs who shall have their measured lots 

 can take nothing from the portion of the inhabitants, and 

 can have no right of usage on this, nor chavffage or pastur- 

 age for themselves or their farmers, domestics, horses, and 

 beasts ; but they shall remain to the community free and 

 discharged of all other usage and servitude. 



*7. If in the pastures, marshes, meadows, and wild 

 pastures fallen to the lot of the inhabitants, or held in 

 common without partition, there be found some useless 

 and superflous spots by which the community might profit 

 without inconvenience to the pasturage, these may, after 



