mer and Sir Thomas More, and from the
Statutes and royal commissions of the day, that large inclosures were
made at this time, and that the process was effected with much injustice
and accompanied by great hardship. "Where," says Bishop Latimer in one
of his courageous and vigorous denunciations of "inclosers and
rent-raisers," "there have been many householders and inhabitants, there
is now but a shepherd and his dog." In the full tide of this movement,
and despite Latimer's appeals, the Statutes of Merton and Westminster
the Second were confirmed and re-enacted. Both common fields and commons
no doubt disappeared in many places; and the country saw the first
notable instalment of inclosure. But from the evidence of later years it
is clear that a very large area of the country was still cultivated on
the common-field system for another couple of centuries. When inclosure
on any considerable scale again came into favour, it was effected on
quite different principles; and before describing what was essentially a
modern movement, it will be convenient to give a brief outline of the
principles of law applicable to commons at the present day.

Rights of common.

_Law._--The distinguishing feature in law of common land is, that it is
land the soil of which belongs to one person, and from which certain
other persons take certain profits--for example, the bite of the grass
by the mouth of cattle, or gorse, bushes or heather for fuel or litter.
The right to take such a profit is a right of common; the right to feed
cattle on common land is a right of common of pasture; while the right
of cutting bushes, gorse or heather (more rarely of lopping trees) is
known as a right of common of _estovers_ (_estouviers_) or _botes_
(respectively from the Norman-French _estouffer_, and the Saxon _botan_,
to furnish). Another right of common is that of _turbary_, or the right
to cut turf or peat for fuel. There are also rights of taking sand,
gravel or loam for the repair and maintenance of land. The persons who
enjoy any of these rights are called commoners.

From the sketch of the common-field system of agriculture which has been
given, we shall readily infer that a large proportion of the commons of
the country, and of the peculiarities of the law relating to commons,
are traceable to that system. Thus, common rights are mostly attached
to, or enjoyed with, certain lands or houses. A right of common of
pasture usually consists of the