68 I N C L O S U R E S. 5. 



for it fo happens, that by improvements in 

 hiifbandry lince the time of laying out town- 

 ihips, — n:iore efpecially where the appropri- 

 ated lands have been inclofcd, — commons in 

 general r.re unable to fupport in fummer fo 

 much flock as the arable and meadow land 

 can winter; confequently it is become im- 

 praclicable to. adhere clofely to the ancient 

 regulation : which ancient regulation, how- 

 ever, though time has rendered it in moft 

 cafes impraifticable, is as ftrong an evidence 

 as need be produced in favour of the herbage 

 of unHinted commons belonging fclely to the 

 land. 



That the idea is ancient, and not of mo- 

 dern invention, may be feen in Fitzherbcrt j 

 who, in his 6th chapter, " Of Foreign Woods, 

 " where otiicr m.en have common, but where 

 " the lord may improve himfelf," fa}s, 

 "It is clearly ordained by the ftatute of 

 *' Mcrton, and after confirmed by the fla- 

 " tute of Weftminfter, that the lord fliall 

 '^ improve himfelf of his wafles — leaving his 

 " tenants /v^faV.'/; common. It is neccflaryto 

 '* be known what x^fu^icient common; and ihat 

 ** to me feemeth by realon ihould be thus : 

 " To fee how much cattle the hay and t.he 



" ilraw 



