y2 I N C L O S U R E S. 5. 



ftate), the lord has not {?nere!y as fiich) any in- 

 tereft whatever in the herbage of the commons 

 within his manor. 



In another claufc refpeifting outwoods, fpe- 

 cially, — the flatute orders, that it " be en- 

 " quired of foreign woods, where other men 

 ** have come in, what part of thofe woods the 

 *' lord may improve himfelf of, and of how 

 ** many acres, and for how much the vejiure^ 

 " that is to fay, the zccod of excTy acre may 

 *' be fold, and how much the ground is worth 

 " after the wood be fallen, and how many 

 *' acres it contains, and what every acre is 

 *' worth by the year." 



By this claufe it is implied by Parliament, 

 that the u:ocd of a common belongs folely to 

 the lord : and Fitzherbert's expofition of it 

 implies the fame idea : " The declaration of 

 " this ftatutc is doubtful ; becaufe of the 

 *' non- certainty of what \i fufficient ccmynon ;' 

 — which having explained as above, he con- 

 tiiuics, " You fnall underftand that there be 

 *' four manner of commons, that is to wit ; — 

 " com IV on appendant, — common appurte- 

 " nant, — common in o-rofs, — and common 

 "becaufe of ncighbourlliip. Common ap- 

 pendant 



