Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

Common is the seventh Article which is in∣quirable.

ANd for that I intend, that when the Statutes ensuing were made for Improvements, immediately the Lords have improved their Wafts as much as they could, or otherwise they were so moved with charity and pitty to the Poore, that more they would not improve for Cha∣rity, I pray God that that may continue.

Because many great ones which infeoffed Freeholders of small Tenements in great Mannours of extent, &c. may improve, when they that are infeoffed have sufficient Pasture belonging to their Tenements, &c. Merton, chap. 4.

Westmin. 2. chap. 46. Recites Merton, and gives rate between Neighbour and Neighbour; and it is, Where it is belonging to their Tenements: But if one claime Com∣mon for a certaine number, by Grant, the Lord cannot improve.

16 Ed. 3. tit. 9. If the Lord improve, not leaving suf∣ficient Common, the Commonner may break way to use his Common, See 17 H. 7. fol. 11. for breaking way, 22 H. 7. fol. ult.

Fitzherbart 179. L. Where one hath a Common be∣longing or appertaining, and is distrained, hee shall have an Assise of Common of pasture: Seventh Book of Assise 16.

8 Book of Ass. 18. Assise, Tenant saith he hath impro∣ved, leaving sufficient for the Plaintiffe.

If a man grant Land and Common, the Grantor can∣not improve against his Deed, 12 H. 3. fol. 25. That hee cannot improve against a Deed, 3 Ed. 2. tit. 21.

If the Tenant have Common for all manner of Beasts, the Lord cannot improve, notwithstanding I have heard the opinion of the Learned to the contrary, 34. As∣sise 11.

It was held, that no man might improve in Feilds sow∣ed, where they have Common, when the Corne is reap∣ed and carryed, and in time of Wreck; for the Statute is in Wasts and not in Feilds: And also it is held there, that Cottager shall have Common, but not a Cottager newly erected, for he cannot prescribe, 5 Book of Assise 2. Jurney to Lecester.

The Tenant shall not have Common to Land newly improved, but to ancient Land, hide, and gaine, 10 Ed. 2. tit. 22. 5 Book of Ass. 2. the same.

The Statute is (as much as belongs to Tenements) that seemes to extend as well to Common appurtenant, as appendant: But Master Stamford sayd in Grayes-Inne, That improvement is onely against him that hath Com∣mon appendant, and not against him which hath Common appurtenant without number.