5. YORKSHIRE. 67 



long held in feveralty, and have been fold 

 and purchafed under thofe circumftances, the 

 lands which lie near to the common paftures 

 fecm to have gained by the circUmflance of 

 inclofure, ratified by long ufage, an extraor- 

 dinary znd perjnauent intereft in the herbage : 

 an interefl which they can never lofe fo long 

 as the appropriated lands remain inclofed, and 

 the common paflures remain open. Hence 

 it is iinwife in thofe whofe lands lie at a dif- 

 tance from the common pafti^re, to fuffer a 

 partial inclofure to take place •, for by that 

 means they are eflablifliing, to their own dif- 

 advantage, a fpecies of intereft in common 

 paftures, which before had no exiftence. 



Before we proceed farther, it may be pro- 

 per to confider the limits of ccmmon-rigbt on 

 tinjlifited common paftures. 



it is generally underftood, and may, I be- 

 lieve, be confidered as the common law of the 

 realm, that each common-right houfe has a 

 power to fummer as much ftockon the com- 

 mons as the lands which lie to it will winter: 

 or, to fpeak more practically, a right to ftock 

 in proportion to the value of the lands re- 

 fptvCtively held with the common-right houfes: 

 F 2 for 



