A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.

CHAP. XXIV. COMMON.

COMMON is the right that a man hath to put his beasts to pasture, or to use, and occupy ground that is ano∣ther mans.

There be divers Commons, viz. Common in gross, Common appendant, Common ap∣pertinant, Common, because of neighbour∣hood, viz. the termes of Law.

The Lords of Wastes, Woods and pasture, may approve against their Tenants and neigh∣bours with common appertenant, leaving them sufficient Common, and pasture to their Tenants.

As if one Tenant, surcharge the Common; the other Tenants may have against him a Writ de admensuratione pasturae; But not a∣gainst him that hath Common for beasts without number, neither may the Lord en∣close from such Tenants: if he do, the Tenant may bring an assize against him, and recover Treble dammage, but the Lord may have a quo jure, and make the Tenant shew by what title he claimeth.