58 I K C L O S U R E S. 5. 



of fpeaking my fentiments upon it, I will 

 here thro'.v together the ideas which have 

 Itruck me, as a ground- work for further ar- 

 g'jmenr. 



It will be proper in the outfct to take a 

 view of the origin of commons, and the firft 

 laying out of to/.'nfhips. 



Fltzhcrbert, whofe opinion in this cafe ij 

 vTjluable, fpeaking of cuftomary tenants, in 

 his i3i:h chapter of Surveying, fays, " Cuf- 

 ' tomary tenants arc thofe that hold thei;* 

 ' lands of their lord by copy of court-roll 

 ^ after the cuftom of the manor. And there 

 ' be many tenants within the fame manor 

 ' that have no copies, and yet hold by like 

 ^ cuftom and fcrvice at the will of the lord : 

 ' and in mine opinion, it began foon after 



• the Conqueiu When William Conqueror 



* had conquered the realm, he rewarded all 

 ' tho'e that came with him, in his viage 



* royal, according to their degree. And to. 

 ' honourable men he gave lorddiips, ma- 



• nor?, b.nds, and tcricments, v.ith all the in- 



' j-.abitanis, men and women, dwelling in the 



^ fame, to do with the:n at their pleafure." 



And in his 40. h cl^.aptcr, in which he pro- 



poles 



