Onslow, 2 Q. B. D. 433; Digby, Hist. Real P., p. 157, citing Coke, 2nd Instit. 87.

See Spelman, Gloss. s. v. Turba; Williams on Commons, passim.

The right to dig and pare turf was distinguished in 32 Ed. I., 40 (Rolls Series, Y. B.).

Utland. Tenemental land; Spelm. Gloss. s. v. Inland.

Velindre. Welsh for vill; 4 T. R. 552, note (b).

Vert, "Viridis, or Green hue, a viridirate. The French calleth it verd, we vert, whatsoever beareth green leaf, but specially of great and thick coverts. And vert is of divers kinds, some that beareth fruit that may serve as well for food of men as of beasts, as pear trees, chestnut trees, apple trees, [*628] *service trees, nut trees, crab trees, and for the shelter and defence of the same: some called haut-boys, serving for food and browse of and for the game, and for the defence of them, as oaks, breeches, &c. Some haut boys, for browse and shelter and defence only, as ashes, poples, &c. Of sub-boys, some for browse and food of the game, and for shelter and defence, as maples, &c.; some for browse and defence, as birch, sallow, willow, &c.; some for shelter and defence only, as alder, elder, &c. Of bushes and other vegetables, some for food and shelter, as the hawthorn, blackthorn, &c.; some for hiding and shelter, as brakes, gorse, heath, &c. To sum up all, plantarum tria sunt genera: arbores, arborescentes, and herbæ. Arbores, as haut-boys and subboys; arborescentes, as bushes, brakes, &c.; herbæ, as herbs and weeds, which, albeit they be green, yet our legall viridis extendeth not to them;" 4th Instit. 317.

See also Spelm. Gloss. s. vv. Verd, Veride, where it is said that vert is used in two meanings: (1) for the right of cutting firewood in a forest granted by the king; (2) for the right of depasturing animals in the forest. Spelman gives an instance of a grant "tam de viridi quam de sicco."

And see per Bacon, V.-C., Earl de la Warr v. Miles, 17 Ch. D. at p. 570.

Virgate or Yardland.-See ante, COMMON FIELDS, and MEASURES OF LAND.

Vivarium is a word of large extent, and ex vi termini signifieth a place in land or water where living things be kept. Most commonly in law it signifieth parks, warrens, and pischaries, or fishings; 2nd Inst. 100; or a stew; 2nd Inst. 162. See Spelm. Gloss. sub voc.

Viver or Vivier.-A fishpond; 2nd Inst. 199.

66

Warectum, Wareccum, or Varectum "doth signify fallow;" Co. Lit. 5b. Terra neglecta vel diu inculta;" Spelm. Gloss. sub voc.

* Warren or Free Warren is a franchise to have [* 629] and keep certain wild beasts and fowls called game within the precincts of a manor or other known place; Williams on Commons, 288, where the form of grant of free warren by the Crown is given. See also Spelm. Gloss. s. v. Warenna. See the cases as to the creation of warrens collected in 2 Bro. Ab. Warren, and 2 Roll. Ab. Warren.

Though a warren may by prescription appertain to a manor, yet where the lord of a manor has also a warren in gross in the same manor, the warren does not pass by a feoffment of the manor; Dy. 30 b, pl. 209; nor by a grant of the manor "with all warrens, &c., thereto appertaining or accepted or reputed as part of the manor;" Bowlston v. Hardy, Cro. El. 547. See also Morris v. Dimes, 1 Ad. & El. 654. On the other hand, where the owner of the manor has warren in another man's land appurtenant to his manor, it passes by a conveyance of the manor with the appurtenances; but not by a grant of the manor alone; Stile v. Tewkesbury, 8 Hen. 7, 4 B. See other cases as to when a warren passes, Vin. Abr. s. v. Warren.

Although the word "warren" is, strictly speaking, appropriated to the franchise, it is sometimes used in the secondary sense of the land over which that franchise is exercisable. The prin cipal authorities for construing the word "warren" to mean the land are Co. Litt. 5b, and the dicta of Coke in Rice v. Wiseman, 3 Buls. 82; S. C. 1 Rol. Rep. 259; in both which places Coke seems to have thought that a conveyance of a warren in a man's own land would necessarily pass the land; but these authorities are said by Lord Chelmsford, in Earl Beauchamp v. Winn, L. R. 6 H. L. 238, on app. from L. R. 4 Ch. 562, not to be very convincing.

In Earl Beauchamp v. Winn, the words "warren of conies" were held not to pass the land; while in Robinson v. Duleep Singh, 11 Ch. D. 798, the words "all that warren of conies in L.,” were, under the circumstances, held to pass the land.

As to what are beasts and birds of the warren, see Co. Litt. 233a; Devonshire v. Lodge, 7 B. & C. 36.

Water. If a man grant aquam suam, the soil shall

not *

pass, but the pischary within the water passeth [*630] therewith; and land covered with water shall be demanded by the name of so many acres aquâ co-opertas; Co. Litt. 4b; Challenor v. Thomas, Yelv. 143; S. C. 1 Brownl. 142.

Way.-"There be three kinde of wayes, whereof you shall reade in our ancient bookes. First, a foot-way, which is called iter, quod est jus eundi vel ambulandi hominis; and this was the first way.

"The second is a foot way and horse way, which is called actus, ab agendo; and this vulgarly is called packe and prime way, because it is both a foot way, which was the first or prime way, and a packe or drift way also.

"The third is via or aditus, which contains the other two, and also a cart way, &c., for this is jus eundi vehendi, et vehiculum et jumentum ducendi: and this is twofold, viz., regia via, the king's highway for all men, et communis strata, belonging to a city or towne, or betweene neighbours and neighbours. This is called in our bookes chimen, being a French word for a way, whereof commeth chiminage, chiminagium, or chimmagium, which signifieth a toll due by custome for having a way through a forest; and in ancient records it is sometime also called pedagium;" Co. Litt. 56a.

There is another kind of way not included in the above division, viz., a drift way or way for driving cattle, which is not necessarily included in a carriage or horse way; Ballard v. Dyson, 1 Taunt. 279.

A right of way of either nature may exist for certain purposes only; Cowling v. Higginson, 4 M. & W. 245; Brunton v. Hall, 1 Q. B. 792; Wimbledon, &c. v. Dixon, 1 Ch. D. 362; Bradburne v. Morris, 3 Ch. D. 812.

A right of way may be created by a covenant by the owner of the servient tenement that the owner of the dominant tenement shall enjoy it; Holmes v. Seller, 3 Lev. 305. As to when a right of way passes by the conveyance of the dominant tenement, see ante, Chap. XIII., p. 186, et seq.

Wista. Half a hide.

Great wista, a hide; Seebohm, [* 631] Eng. * Vill. Comm. 51; Spelm. Gloss. sub voc., where it is said that Wista is sometimes used for Virgate.

Wood: Boscus: contains timber or hautboys and underwood or subboscus; see ante, Verd. Both the trees and the soil on which they stand pass by the grant of a wood or boscus; Co. Litt. 4b. In like manner, by an exception in a lease of the woods and underwoods growing or being on the property demised, the soil itself on which they grow is excepted; Ive's Case, 5 Rep. 11a. Hide v. Whistler, Pop. 146; Whistler v. Paston, Cro. Jac. 487. On the other hand, by an exception of "trees" (Liford's Case, 11 Rep. 46b), "saleable underwoods" now growing on the premises (Pincombe v. Thomas, Cro. Jac. 524), the soil itself is not

excepted. See Glover v. Andrew, 1 And. 7. See this discussed in 14 Hen. 8. 1, pl. 1; Cage and Paxlin's Case, 1 Leon. 116. See on all the above cases Dy. 19a, pl. 110, and the cases there cited. See ante, TREES.

Yardland.—Land may pass by the name of a yardland; Co. Litt. 5a. As to the meaning of yardland, see ante, COMMON, FIELDS; MEASURES OF LAND; Spelm. Gloss. s. v. Virgate. Nasse, Agric. Comm. (trans. Ouvry), p. 9; Williams, R. P., App. C.

Yoke.-Used for yardland in Kent.