5. Y O R K S H I R E. 77 



As to the right of foil, it appears to be 

 merely homrary : tor the foil cannot be re- 

 moved, nor turned to advantage, without de- 

 ftroying or injuring the herbage. A lord of 

 a manor has, however, a claim upon the 

 folly though indirect : for no man, nor fet 

 of men, can break it without his conf^nt. 

 But this feems to be a claim oi hoior rather 

 than oHnteref} ; for, while the commons re- 

 main open, he cannot in Uriel legality reap 

 any emolument from it. 



Thus we have enumerated five diflinfl in- 

 tertfts. 



I. Common-right Lands * h:ld with 

 COMMON-RIGHT HousEs. To thefe lands 



* By coMMOX-RiGKT land is meant the original 

 common field and common meadow land, and fuch 

 other land, lying within the tcwnfhip, as has by grant 

 or prefcription a riirht of commonage when held w;th a.' 

 common-right hcufe j in contradiilinction to fuch lands 

 of the townfliip as have not, and to the lands of the 

 i-eft cf the kingdom which never can have, by any le- 

 gal a6^, fuch a right, though held with a common- 

 right houfe. Suppofe nine-tenths of the townfnip in 

 a ftate of temporary alienation, by fome legal circiim- 

 flance which could not be avoided, or by any circum- 

 ftance whntever, could the other tenth part catch the 

 opportunity in the interval of fulpcnce, and appropri- 

 ate 



