Grafs Lands into Tillage. 169 



the magiftrates to decide upon law and fact, he would re- 

 commend that a (talement be made for the opinion of the 

 *' hio-heft legal authority." No right fliould he preferved to 

 render this inclofure null and void; and Ihould any portion 

 of laud be allotted to a perlbn who is the olieufible owner of 

 the eftate, and fliould afterwards be evicted, the common 

 then to be sriven to the owner. Mr. Cole believes that there 

 is great want of Ikill, and not, as many fuppofe, capital. 



Of leafes, the following llcetch he recommends * : — The 

 landlord covenants to give quiet polTeHion of the houfe and 

 out-houfcs, and to put and keep the fame in repair; alfo to 

 put the gates, ftiles, and every fort offence in repair; to in- 



fure quiet polieliion of the above, and of number of 



acres of lands fituated in the pariih of , for 



number of years ; to pay the land-tax, and allow the tenant 

 to held certain part of the buildings and lands for a fpecified 

 term after the expiration of his leafe. The tenant covenants 

 to take the premifes, to pay his rent in two equal half-yearly- 

 payments; to cart all materials for repairs gratis; to find the 

 workmen, when emi)loyed in fuch repairs, the ufual allow^ 

 ance of wholefome beer; to keep and leave the gates, pofts, 

 rails, and every fort offence in repair; to allow the landlord 

 or his agents free ingrefs and regrefs to ilioot, filh, or hunt, 

 over the lands ; to warn off every one, and to bring actions, 

 if neceflary, at the landlord's expcnfc, againft all perfons who 

 may trefpafs upon the premifes ; not to break up certain por- 

 tions of meadow and paltbre lands ; to keep the ditches and 

 water courfes (jpen ; to crop the lands according to the rota- 

 tion recommended in the table at the end of this eflay t, 

 having refpeft to the different foils : to pay all parochial 

 taxes ^ to expend the hay, ftraw, haulm, and other fodder, 

 produced from the lands, upon the jtremifes; and to ufe all 

 the dung, foil, and compoft, ariling from the fame, upon the 

 fame lands belonging to the premifes hereby demifed ; ex- 

 cept the produce of fuch dung and compolt, &:c. ariling 

 from the two lad years' crops previous to the expiration of 

 the leaie ; all of which (liall be left, in a farmer-like man- 

 ner, in the farm-yardsj or other convenient place, for the ule 



of a fct of men wliom the old common law of England did never authorize 

 to decide upon fu-h qucliions, and wrcfting that invaluable bulwark of our 

 li.iernes, thf Diul 61 jury, from our hands, wliich the conliitution does au- 

 thorise to deicimine. 1 his bleHini!; is too much ciinaikd already, and I 

 truft wc (hall never lie it laid alidt upon iuch an importaiu c.le a;, ihe one 

 m queftion. 



♦ Thii iketcl) appeared to mc fo imporr-int, that [ tli' uijhr i! would be 

 better to give it complete, iiifttad of ahridi;inL' it. 



t TIuj will be c;.VL-u lu a fubl'ttjuciit i .fer. 



