case Jackson against LAVERIGHT a action on the case for enclose so many acre  parcel communia pasture be good after verdict for though technical the word  communia signify the right only and not the place of commoning and be  incorporeal be not the subject of enclosure yet in common parlance it signify  the common itself S c pale yellow S c viner this be a writ of error out of the  court of common plea where a action upon the case be bring for enclose so many  acre of land parcel communia pasture c it be urge that the word communia  signify not the place but the right of commoning and a right be a thing of a  incorporeal nature be no more capable of be enclose than a rend a Bracton lib  cap a and this definition of the word be give in he a b Fleta lib cap b that  it import any right which a man be to enjoy in common with other in another  farm as communia pasture to fish c a grant of modern report communia alone  will pass nothing a grant of communia pasture will not pass the soil c cro  James c a strong in plead it can import the soil nec non in plead amount to a  affirmative contra in a grant the reason of the difference be that in plead  the rule of grammar must take place but in grant the intention of the party  shall govern the construction the word to hold in plead never signify tenant  for year but to hold the earth tenant in fee a Rookbys case Michaelmas term  whether a the plaintiff himself in another part of his declaration have use  the word communia in a proper sense as signify a right ration ind communism c  to have if it be object that the word communia may be reject as surplusage yet  even then the declaration will remain nonsense for then it will be for enclose  so many acre terr videlicet arable land for that be the legal import of the  word land parcel pasture b the case quote for the plaintiff in error be vent  vent cro James and the case of Braddock v Wilson two year ago note to the  former edition b it be urge in favour of the defendant in error that this word  communia if it make the declaration nonsense shall be reject as surplusage but  it be strong modern report er p argue that this word communia not be a  classical but a legal and technical word and be a word which in common  parlance nay in act of parliament sometime signify the place as well as right  of common may especial after a verdict be receive in the same sense and many  be the case where improper and impossible word have be aid by a verdict c lev  roll Abr style c Eyre justice it be very hard that after a verdict this word  shall not receive that sense which it will do in common parlance nay in act of  parliament and very good author as in Du fresne glossary vol I upon this word  modern report powys junior be of the same opinion for if the word be not  capable of receive this sense be do not see why it may not after a verdict be  esteem a mistake of the clerk instead of common he likewise think it may be  reject as surplusage for though the legal import of the word land when stand  alone be arable yet the word land in conjunction with other word will signify  all sort of land as here promontory terr be conjoin with the follow word  parcel pasture terroe peremptory or urgent call and thus no absurdity at all  follow the omission of the word communia Adjournatur judgement be afterward  give for the defendant in error