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.

Now let us see what is appendant, and what appurtenant.

Common appurtenant is, for all manner of Beasts, and appendant is but to have common for Beasts com∣monable, Natura brevium, fol. 70. That appurtenant is, with all manner of Beasts by prescription, 9 Ed. 4. fol. 3. by Fairfax.

By Prisot, Common appendant is to have common for Horses, Beasts, Kyne, and Sheep, which are commonable, and which are most fit for the Ploughman, and not for Geese, Goats, and Hogs, 37 H. 6. fol. 34.

If one hath a common of Estovers by Grant, he can∣not build another new House to have Estovers to that, Fitzh. fol. 180. h.

Admeasurement lyes between Commoners which have common appendant to their Free-hold, if one of them sur∣charge the common, by putting in more Beasts then they ought to common, Fitzh. fol. 125. B. D.

He which hath Common appurtenant to a certaine number, or common by specialty to a certaine number, shall be admeasured: But he which hath common appur∣tenant without number, or in grosse without number, shall not be admeasured, 26 H. 8. fol. 4.

Common appendant, cannot be aliened and severed, but common appurtenant may, 5 H. 7. fol. 7. B. and 9 Ed. 4. fol. 39. A.

He which hath Common appendant cannot use that common with other Beasts, but those which are rising and lying upon his Land, 15 Ed 4. fol. 32.

Termor cannot put any Beasts into the Common, but those which hee hath to manure his Land, or for his houshold, and not for to sell, 14 H. 6. fol. 6.

A man grants Land, and a Turbary, this doth not make the Turbary appendant, unlesse it were appen∣dant from time out of minde, 8 Book of Ass. 9.

Common is to be taken by the mouth of Beasts, 31 H. 8. tit. 151.

Commoner hath no interest in the Land, but to take that with the mouth of his Beasts, and cannot have tres∣passe

(why he broke his Close) against one which makes trespasse in the common, but may distraine them doing da∣mage, 12 H. 8. fol. 2.

There are foure manner of Commons, that is to say, Common appendant, Common appurtenant, Common in grosse, and Common because of Neighbourhood, Natura brevium, fol. 69.

Common appendant is to Land arable onely, 26 H. 8. fol. 4. by Hales. It seemes it may be appendant to a Man∣nor, Land, or Tenements, Fitzh. 139. L.

It may be appendant by reason of a House, Natura bre∣vium, fol. 70.

Where one hath Common because of Neighbourhood in the Land of J. S. he cannot put in his Beasts in the waste of J.S. but in his owne Land, which may goe if they will into the waste of J. S. 13. H. 7. fol. 13. &c.

Assise of Novell Disseisin lyeth of Common of pasture, Turbary, and Fishing, where he hath that for life, or in taile, or in Fee, and is disturbed that he cannot take his common; and the Writ shall be, hee disseised him of a common of pasture in D. and not disseised him of his Free-hold in D. as where it is of Land, for there it is al∣wayes, hee disseised him of his Free-hold, Fitzherbart, fol. 179. L.

Common appendant a man cannot use with Beasts of a stranger, unlesse hee keepe them to dung his Land, but hee cannot take in other Beasts for Money, which doe not manure his Land: See 6 H. 7. fol. 14. Fitzher∣bart 180 B.

If a man claime Common for Beasts without number, there he may put in other Beasts of a strangers for Money in that Common; otherwise it is in Chase or Forrest where the Lord hath Deer, Fitzh. 189. B.

He that hath Common ought to use that with his owne Beasts, or with Beasts which dung his Land, or with Beasts allowed for their Milk, and cannot take in any, 22 Book of Ass. 82.

He which hath Common by specialty, cannot take in Beasts, but he that hath Common for Kine for their Milk, or for Beasts to manure his Land, for Sheep allowed to dung his Land, for he hath right in them for the time, 45 Ed. 3. fol. 26.

A way appendant to a House shall not be made in∣grosse, but Common appurtenant and Advowson may, 5 H. 7. fol. 7.

Where the King grants Common to an Abbot and his Successors without number, out of a Mannor, and after he grants the Mannor to another, and after the Abbey is dis∣solved, it seems for that that it is Common without num∣ber, the King shall not have it; but if it were Common certaine, the King shall have it, 27 H. 8. fol. 20.

Common appendant shall be used with his proper Beasts and not with others Beasts, and the Defendant was ad∣mitted to prescribe for Common appendant, 6. Hen. 7. fol. 14.

He which hath Common appendant, cannot use that, but with his owne proper Beast or Beasts, which dung his Land; but he which hath Common for twenty Beasts by Grant, or with Beasts without number, he may use that Common with others Beasts, 11 H. 6. fol. 22. Fitzh. 180. B. the same.

A man need not prescribe in Common appendant, but it sufficeth to say, that he is seised of three Acres in D. and that he hath Common appendant, &c. 4 H. 6. fol. 13.

He which justifies for Common appendant, need not prescribe in that also, 22 H. 6. fol. 10.

Common appendant cannot be but by continuance of time out of memory, &c. 5 Book of Ass. 2.