5. YORKSHIRE. Sr 



proportion they ought to ihare with the 

 lands and houfes. 



5. Thk loxd of the soil. To the lands 

 of a common on which open i;jocdlands flill 

 prevail, the lord of the foil has a principal 

 risht. But whatever the lite of mouth is 

 worth, fo much in proportion the land is en- 

 titled to ; and if a right oi fuel be eilablifn- 

 ed by cuftom, the houfes have their claim. 

 Whatever proportional advantage the fcveral 

 interefts would receive in an open ftate, fuch 

 proportions of the land they are feverally in- 

 titled to under an inclofure. 



If valuable mines ?.nd quarries be given up, 

 the lord ought to receive an equivalent in 

 land^ and is entitled to fomc iliarc for the 

 mere chance of mines and quarries being here- 

 after difcovered. But of fiaked commons, af- 

 fording neither wood nor fuel, and of which 

 the mines and quarries are referved, the lord 

 of the manor (merely as fuch) has nor, on 

 the principles offered, any right to lliare in 

 a divifion of the foil, faving the honorary 

 right which has been already mentioned *. 



* In the cafe of Pickering, the Crown, as owner cf 



the honor, forefts; and manor of Pickering, (in right cf 



Vol. I. G the 



