5- YORKSHIRE. 71 



ter declaration ;" becaufe there are three forts 

 of commons : namely, a ftintcd common 

 clofe ; — a tended common, open to the com- 

 mon field ; — and the lord's outwoods, or un- 

 ftintcd comm.on pafture. In the two former, 

 he fays, '' the lord fhoiild be put to a cer- 

 ** tainty — and every man be ftinted either by 

 " yards, lands, oxgangs, rents, or fuch other 

 " cuflom as the tenants ufe,— and the lord in 

 ** like manner." — But in the outwoods, "me 

 " feemeth the lord fnould not be Hinted nor fet 

 " to a certainty, but put his cattle upon fuch 

 " manner of comir.on paflure at his plcafure; 

 *' becaufe the whole common is his own, and 

 ^* his tenants have no certain parcel thereof 

 " laid to their holdings ; but all only hite cf 

 " tncuth with their cattle :" by which is evi- 

 dently meant (frpm various pailages'y/.^Y/V;;/ 

 h:te for the tenants' cartlc. Hence it clearly 

 follows, that if the herbage of the common 

 be more tlan ft'.ficient for the cattle of the 

 townfnip, the overplus, be it more or lefs, 

 belongs to the lord. Cn the contrary, if the 

 herbage of the comimcn is 7iot more than fuffi- 

 c'lent to fummer the cattle, which the town- 

 lliip can maintain in winter (in an uninclofed 

 F 4. flate), 



