Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

CHAP. 9.

Of Common.

COmmon is a profit to bee taken in anothers land. As (a) 1.1 feeding his beasts, &c. And if a man giue to I. S. in frank mariage with his daughter, Common for all his beasts, or other mens (if hee should haue none of his own) to doe his businesse yearely, & to feed with the beasts of the grātor where they should goe: there if the grauntor come afterwards

to haue no beasts, yet the Grantee shall haue his common. But if the graunt bee wheresoeuer the beasts of the grauntor go, &c. there the grantee shall not haue com∣mon, but when the others beasts are in common. Also vpon a grant of common throughout a mannor, yet hee shall not common in gardein, or land sowed, &c. nor take his common with beasts that are * 1.2 not commonable, as hogs, &c.

So of a common of estouers, that is to say, taking of reasonable house-boote, and hay-boote, &c. And such manner of pro∣fits * 1.3 (though they be appendant to the free∣hold) cannot be parted. For if such an he∣ritage discend to parceners, one shall haue the whole profits, and the other Sisters an allowance. And the wife for her dower shall haue but an allowance onely.

Statutes.

Merton Cap. 4. The Lord of wast woods and pastures, may approoue against his Tenant, if he leaue sufficient common and pasture to his Tenant, with egresse and regresse according to his land.

Westm̄. 2. Cap. 46. Such a Lord may ap∣prooue in like sort against his neighbours which haue common appurtenante, and for his Winde-mill; necessarie increase of Court, or Court-lodge.

Hither belongeth chemin, or way ouer ones land from one certaine place to ano∣ther, whether from close to close, or from his house, or the kings high street, or church. and other Hereditaments of like nature.

Notes

• (a) 1.1

  9. H. 6. 35.
• * 1.2

  •• E 2. dower 123.
• * 1.3

  Ibid. 2. E. 2.