76 I N C L O S U R E S. 5, 



The ftatutc orders, that it be enquired of 

 moors, heaths, and waiics, what they be 

 worth by the year : — and Fitzherbert fays, 

 " Moors, heaths, and waftcs p-o in like man- 

 " ner as the herbage of the town ; for the 

 ** lord's tenants have common in all fuch 

 " ov.t-grounds with their cattle; but they 

 *' fl:iall have no wood, thorns, turves, gorfe, 

 ^' fern, and fuch other, hut by cujiom, or elfe 

 *^ fpecial words in the charter." 



We may therefore conclude, that the lord 

 has no intereft in the herbage of a heath ; nor 

 in the///w^/; except there be rrtore than fufji- 

 dent for th'f ufc of the inhabitants of the 

 ancient houfes ; in which cafe the lord fcems 

 to have an intereft in the overplus; provided 

 he can reap the benefit of it without injuring 

 the herbcge. 



From the fum of this evidence it appears, 

 that, at tliis day, lords of manors in general 

 have no ot'icr intereft in the commons with- 

 in their refpC(2:ive manors than in the mir.eSy 

 the quarries^ and the lu.ood. The herbage be- 

 longs to the land j and the fuel (v.hcre cuf- 

 toni allows it to be taken) to the houfes. 



As 



