coke morse and web case hill James in the common plea one seize of land to  which common of pasture be appendant demise part of the land for year in  replevin for take commonable cattle on the common the freehold of which be in  one under who the defendant make conusance the plaintiff to who the land to  which c have descend as heir plead the common by prescription in bar of the  avowry and the defendant traverse the prescription upon special verdict find  these fact it be hold that the issue ought to be find against the defendant  and be can give the lease in evidence by the lease for year the common be not  suspend nor discharge but apportion coke report er p common appendant to land  be as much as to say common for cattle levant and couchant upon the land to  which c there be no difference when the prescription be for cattle levant and  couchant and when for a certain number of cattle levant and couchant but when  the prescription be for common appurtenant to land without allege that it be  for cattle levant and couchant a certain number of cattle ought to be press        to   c sand Mod lev salk in a replevin bring by John Morse against Robert  web of the take of two ox the last day of November in the three year of the  reign of the king that now be in a place call the Downfield in Luddington in  the county of Worcester the defendant as bailiff to William Sherington gentle  make conusance because that the place where be a acre of land which be the  freehold of the say William Sherington and for damagefeasant c in bar of which  avowry the plaintiff say that the say acre of land be parcel of Downfield and  that be himself at the time and before the take c be and yet be seize of two  yardlands with the appurtenance in Luddington aforesaid and that he and all  those who estate he have in the say two yard of land time out of mind c have  use to have common of pasture per totum to stretch of the say place call the  Downfield whereof c for four beast call rotherbeasts and two beast call  horsebeasts and for sixty sheep at certain time and season of the year as to  the say two yardlands with the appurtenance appertain and that be put in the  say two ox to use his common c and the defendant do maintain his avowry and  traverse the prescription upon which the party be at issue and the jury give a  special verdict that before the take one Richard Morse father of the say John  Morse and now plaintiff who heir he be be seize of the say two yardlands and  that the say Richard Morse c have the common of pasture for the say cattle per  totum to stretch of the say Downfield in manner and form as before be allege  and be d the say Richard Morse in the twenty year of queen Elizabeth demise to  William Thomas and John fisher diverse pal eel of the say two yardlands to  which c videlicet the four butt of alable with the common and intercommon to  the same belong for the term of four hundred year by force of which the say  William Thomas and John fisher enter and be possess and the say Richard be so  seize die thereof seize by which the say two yardlands in possession and  reversion descend to the say John Morse the now plaintiff and if upon the  whole matter the say John Morse now have and at the time of the take c have  common of pasture c for four beast call rotherbeasts and two beast call  horsebeasts and for sixty sheep c as to the say two yard of land with the  appurtenance belong in law or not the jury pray the advice of the court note  that this plea begin Trin James rot and upon coke argument at the bar and at  the bench it be resolve by the whole court that it ought to be find against  the defendant who have traverse the prescription for although that all the two  yardlands have be demise for year yet the prescription make by the plaintiff  be true for he be seize in his demesne as of fee of the freehold of the two  yard of land to which c and without question the inheritance and freehold of  the common after the year determine be appendant to the say two yardlands and  therefore clear the issue be to be find against the defendant but if he will  take advantage of the matter in law he ought confess the common to have plead  the say lease but when he traverse the prescription he can give the same in  evidence it be resolve that if the say lease have be plead that the common  during the lease for year be not suspend or discharge for each of they shall  have common rateable and in such manner that the land in which c shall not be  surcharge and if so small a parcel be demise which will not keep one ox nor a  sheep then the whole common shall remain with the lessor so always as the land  in which be not discharge a a Vid note f r Tyrringhams case   a b coke report  er p it be resolve that common appendant to land be as much as to say common  for cattle levant and couchant upon that land to which c so that by the  severance of part of the land to which c no prejudice can come to the  terretenant in which c see the case of in the four part of my report folio be  affirm for good law and there be no difference when the prescription be for  cattle levant and couchant and when for a certain number of cattle levant and  couchant but when the prescription be for common appurtenant to land without  allege that it be for cattle levant and couchant there a certain number of the  cattle ought to be express which be intend by the law to be levant and  couchant b