case james against johnson a tolrtraverse may be claim as appurtenant to a  manor by a and estate in the manor the appurtenance be not destroy by the  manor come into the hand of the crown S C Mod S C cite lev vent   bunb   light  Com dig title pleader e fort ante lev lev ray Keilw Stathani pl more cro  Elizabeth lev comens ld ray ld ray will burr Cowp term Rep trespass for take  and drive away some beast of the plaintiff the defendant justify for that he  and all they who estate he have in such a manor the manor of blithe have have  a toll for all beast drive over the say manor videlicet a halfpenny abeast if  under twenty and if above then fourpence ascore issue be join upon this  justification a special verdict be find videlicet that the manor aforesaid be  parcel of the possession of the priory of blithe that the prior have by  prescription such a toll as appurtenant to the say manor that by the  dissolution it come to the crown and so to sir gervase Clifton and at last to  one Bingley in who right as servant to he the defendant justify but then they  conclude that if the defendant may entitle himself to it by a and estate they  find for the defendant if not then for the plaintiff sergeant Baldwin for the  plaintiff it do not appear whether the toll which the defendant claim be a  tollthorough or a tolrtraverse or what sort of toll it S a tollthorough be  against common right because it be to be take in the king highway and no  prescription can be for it unless he that claim it show that the subject have  some advantage by it and when a man claim a tolltraverse be must lie it to be  for a way over his own freehold a toll suppose a grant from the modern crown  and therefore when the manor of blithe come to the crown the toll be disjoin  from the manor and become in gross nor can a toll be appendant to a manor nor  claim by a and estate sergeant Maynard the jury have find exact whatever the  defendant have disclose in his plea and have make a special conclusion upon a  point of plead toll may be appurtenant to a manor as well as any other profit  a prendre nor do it become in gross by the manor come to the crown the  difference be as to that betwixt thing that have a be in the crown before they  be grant out to subject and thing which have not a see the case of the abbot  of strada Marcelia   a there be no such legal difference between modern er p a  tollthorough and a tolrtraverse as have be offer the word be use promiscuous  in our book a tollthorough may be by prescription without any reasonable cause  allege of its commencement for have be pay time out of mind the true cause of  its beginning in the intendment of the law can be know and for the and estate  indeed a thing that lie in grant can be claim by a and estate direct by itself  but it may be claim as appurtenant to a manor by a and estate in the manor c  cur accord b see term Rep b and give judgement for the defendant atkins  justice when toll be claim general it shall be intend tollthorough and so be  the case in cro Elizabeth smith v shepherd