case faucet vers Strickland all in c b enter pasch geo rot and right of common  of pasture and common of turbary will not binder the lord improvement by  enclosure if he leaves sufficient common for the tenant of the manor vent keb  S c this be a action of trespass for chase the plaintiff cattle the defendant  plead that the defendant Strickland be lord of the manor of S in which be  several large waste that be improve acre of one of these waste call BlewCastle  common leave sufficient common for the tenant of the say manor that the  plaintiff put his cattle into the part so enclose and that they with a dog  chase they out which be the same c the plaintiff reply that he be tenant of  the manor and bath right of common of pasture for all commonable cattle levant  and couchant on his tenement there in the say waste and likewise the plaintiff  bath common of turbary in the say waste so that enclosure be unlawful the  defendant demurrer and show for cause that the replication be double and do  not deny or confess that there be sufficient common leave comens as to the  cause show for demurrer they be of no regard for the replication mean not to  insist on double matter but the mention of the right to common of pasture be  to introduce the claim of common of turbary which be insist on as a argument  why such common of pasture be not within the statute of saint Henry c a Merton  the follow be the word of the statute ita to see in advance be et concession  quod whoever hujusmodi feoffati assisam newly disseizine defera de communa  pasture sue et in person justice recognitum to be quod of such size pastur to  have quantum sufficerit ad tenement svan et quod to have book entry et landing  place de property nest usque ad pastur svan tune ind to be tense so the whole  question be whether a lord can improve a common by virtue of the statute of  Merton where a man have common of pasture and common of turbary in the same  waste it be certain that common of turbary or pischary be not within the  statute Inst but here the action be for chase cattle put into the waste to use  his common of pasture then although the same plaintiff have common of turbary  that will not hinder the lord improvement for they be distinct right and in  hill Geo judgement be give for the defendant by the whole court