case BROMFEILD against KIRBER approve commissioner of sewer v glass l r Eq  Qure whether trespass may be justify by the custom of a manor for common of  vicinage justification of a trespass by the custom of a manor for common of  vicinage sir James Montague consider the extent of the word neighborhood a see  yearbook Henry dyer b Fitzherbert n b b a and Lord coke commentary upon the  statute of Merton Inst a and argue that no common can be of this kind unless  between two township manor c next adjoin and not where there be intermediate  land and that this tort be original nothing but air excuse of trespass b see    light a and Tyrringhams case   b holt chief justice common of vicinage must be  next adjoin c see sir mile corbet case   c wield the place be the same but by  several name holt chief justice the plead make it several and not one entire  place wield say the verdict help the plead holt chief justice the place may be  in several manor the cattle may stray into the next common b reason of  vicinage but they can go into a three which wield say will destroy all such  common holt chief justice neighborhood be to another purpose and be so expound  in Inst between landlord and tenant Powell justice this sort of modern report  common must be in nature of a escape and so a excuse for a man can put in his  cattle in the common of vicinage original but they must escape they may  enclose one against the other a but see sir William Hickman v thorn and other  Mod a if they will be at the charge it stand indifferent upon the plead  whether the place be several or not and so the verdict help for there be but  two town name holt chief justice people ought to take care to keep their  cattle under their own inspection and not let they stray beyond their bind in  plead this kind of common it ought to be plead mutual if a man go into a  common of vicinage to drive his cattle off into his own common for he ought  not to keep they in the common of vicinage be may justify this trespass but if  they go into a three common such excuse perhaps will not hold Powell justice  the verdict will help for there be common of vicinage find and but two place  though several name and they may lie in the same waste Adjournatur