coke b grey case hill Elizabeth rot in the king bench in replevin the  plaintiff in bar of the avowry entitle himself by custom to have common of  pasture c which custom be traverse and find for he but that every commoner use  to pay for the same one hen and five egg annual hold the plaintiff on this  verdict shall have judgement the terretenant may distrain the cattle of the  commoner on his own land for the be and egg but if the jury have find that the  plaintiff shall have common pay so many hen and egg the issue have be find  against he SC Cro Elizabeth Vid the entry   Ent pl in replevin between grey  and Fletcher in bar of the avowry for damagefeasance the plaintiff by custom  entitle himself to have common of pasture in the place where c to his copyhold  which custom be traverse and it be find that he ought to have the same common  but that every copyholder have use to pay time out of mind c pro eaden  communia One hen five ova annuatin and it be adjudge that on this verdict the  plaintiff shall have judgement for the plaintiff need not show more than make  for he and that be of his part and the doubt be what remedy the terretenant  shall have for the bens and egg for if the terretenant have no remedy for they  then the commoner shall have his common sub modus sure pay so much c and then  it will be against the plaintiff but if the terretenant have a good remedy for  the bens and egg then as the verdict be find it be not modus common sure a  manner of commoning nor parcel of the issue as to the common but a collateral  recompense to be pay for the common whereof every one have equal remedy and  Popham chief justice say that it be adjudge in a Devonshire case that where a  man prescribe to have potwater out of the river c and the jury find that he  ought to have it pay d yearly and it be adjudge that he have fail of his  prescription for he have prescribe absolute and the jury have find it  conditional or sub modus and there if he do not pay the money he ought not to  take the water and the terretenant in such case may disturb he which be all  the remedy that the terretenant bad but in the case at bar the terretenant may  distrain coke a the cattle of the commoner on his own land for the bens and  egg and therewith agree h but in the case at bar if the jury have find that  the plaintiff shall have common pay so many hen and egg the issue have be find  against he because it be parcel of the custom but in the case at bar the  custom as to the commoning be perfect without the say payment and the payment  do not limit or qualify the custom but it be a recompense for the common for  which recompense the terretenant have remedy but if the terretenant have no  remedy for the recompense as in the case put by the chief justice but only to  make the say disturbance as be aforesaid then the say manner of payment  although it be find as it be in the case at bar be parcel of the custom note a  good difference and the like judgement be give in the common plea pasch  Elizabeth rot between Lovelace and Reighnolds quod vide there vide e n b a e  assize a Vid Kenchin v knight will bull n p a when a prescription for common  be state for a certain number of sheep and on the trial that right be find for  the claimant but it also appear that the tenant of a certain farm have a right  to have the sheep fold on the land of that farm when they feed on the common  it be object that this be a qualify right and that it ought to have be state  but the court hold that a condition or rather a consideration subsequent to  the enjoyment of the right need not be mention as will have be the case have  the condition be precedent brook v Willet h black so where there be annex to a  message a prescriptive right of burial in the chancel but two shilling be due  to the parish for every person so bury the court consider such payment not to  be a material and essential part of the prescription but collateral to it wear  v Griffiths burr and Vid Harbin v green hob Griffiths v William sayer Parkin v  Radcliffe I Bos pull a coke report b er p