5. Y O P. K S H I R E. 69 



" ftraw a hufband gcttcth upon his own tc- 

 " nemcnt will find fufRciently in winter if 

 " they lie in the houfe and be kept therewith 

 <^ all the winter leafon ; for fo much cattle 

 " fliould he have common in fummer ; and 

 «' that is fuficient common''' It confequently 

 follows, that the occupier of a houfe without 

 land could not of right keep cattle upon the 

 common in fummer -, becaufc his tenement 

 afforded him neither hay nor flraw wherewith 

 to keep them in the houfe during the winter 

 fcafon. 



Laftly, the intered of the lord cf the foil 

 requires confideration. Here Fitzherbert's 

 treatife may be taken as a fafe guide. The 

 ground-work of the firfl feventeen chapters 

 is a flatute of Edward I. named Extenta Ma- 

 nerii j of which Fitzherbert himfelf gives the 

 following account : "In mine opinion, this 

 " (latute was made foon after the Barons' 

 " wars, the which ended at the battle of 

 <' Evefliam, or foon after, in the time of 

 *' king Henry III. whereat many noblemen 

 " were llain, and many fled, who after were 

 " attainted for the trcafon they did to the 

 ^' king. And by reafon thereof their caflles 

 F ^ " ancl 



