Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/46

 34 beats originally into the other's common; but if they ecape, and tray thither of themelves, the law winks at the trepas. Common in gros, or at large, is uch as is neither appendant nor appurtenant to land, but is annexed to a man's peron; being granted to him and his heirs by deed: or it may be claimed by precriptive right, as by paron of a church, or the like corporation ole. This is a eparate inheritance, entirely ditinct from any landed property, and may be veted in one who has not a foot of ground in the manor.

thee pecies, of paturable common, may be and uually are limited as to number and time; but there are alo commons without tint, and which lat all the year. By the tatute of Merton however, and other ubequent tatutes, the lord of a manor may encloe o much of the wate as he pleaes, for tillage or woodground, provided he leaves common ufficient for uch as are entitled thereto. This encloure, when jutifiable, is called in law "approving;" an antient expreion ignifying the ame as "improving ." The lord hath the ole interet in the oil; but the interet of the lord and commoner, in the common, are looked upon in law as mutual. They may both bring adlions for damage done, either againt trangers, or each other; the lord for the public injury, and each commoner for his private damage.

2, 3. of picary is a liberty of fihing in another man's waters; as common of turbary is a liberty of digging turf upon another's ground. There is alo a common of digging for coals, minerals, tones, and the like. All thee bear a reemblance to common of pature in many repects; though in one point they go much farther: common of pature being only a right of feeding on the herbage and veture of the oil, which renews annually; but common of turbary, and the ret, are a right of carrying away the very oil itelf. Rh