5. YORKSHIRE. 75 



** in his parks or fcvcral woods ; and as the 

 f quantity of inaft is, fo the lord's bailey 

 ** ousht of rieht to lay men's faine there- 

 " unto from Michaelmas to Martinmas, and 

 <' to make a true a count thereof at the lOrd's 

 ** audit, what he takcth for every fwine/' 



Thus it appeals tha: not orAy fuel but 

 panage, likewife, was originally a matter of 

 fuul-rancc when enjoved by the tenants. 



Fiom thcfe premifcs, and from the pre- 

 fent injiifficlency of commons, we may fafely 

 infer that the lord (merely as fuch) has no 

 intereft whatever in the herbage of comn^op.s 

 -within his manor. But we may infer, with 

 equal fafety, that of the ijuood of a coramori 

 the lord is foie proprietor ; except where a 

 right of fuel and panage has been cftablilhed 

 by long cuflom ; for, in this cafe, prefcrip- 

 tion has fruflrated the original intcncion • 

 and, here, the houfcs have a joint interefl; with 

 the lord. 



Laftlv, with rcfpecl to hecths and fat-. 

 Yiioors^ from v/hich the inhabitants of a to-vn- 

 fhip have, by prefcription, a right of cutting 

 fuel. 



The 



