coke Report36b TYRRINGHAMS case Michaelmas term Elizabeth in the king bench  see bare v Abingdon Ch SC   Brownl SC cite send for Bulst Goldsb will will t r  t r east king Acc hard Cru yin Abr prerogative r b pl Com dig grant g ante I a  and n l fib ED l SC S p godb yin Abr you a pl ED m Acc post   you a Plowd b  Com dig estate b yin Abr reversion g pl ED n SC S p godb v Acc jenk pl roll  Abr ante I a r a l so where king h grant the manor of S with the appurtenance  all which be of such a yearly value as be express in such a particular with a  non to stand before of any misrecital of the true value or that they be of  great value the value be not true express in the particular but hale Ch b hold  the grant good he say that the reason why a mistake in the consideration or in  the king title or the nonrecital of a estate or lease in be shall vitiate the  king patent be because by his prerogative he ought to be true inform of his  case but it be otherwise in the case of a common person who grant be to be  take most strong against himself and here the non to stand before aid those  defect and it be the proper office of a non to stand before to do so as appear  in Bozouns case the attorney general v Hungate hard Cru dig vin Abr  prerogative you a pl ED a   b go coke report b er p taunt Inst a I Q r u you  Woodd lee Cru dig Selw n p that edit Chit plead n tin Abr appendant b pl  apportionment b pl common c pl e pl f pl g pl king pl oh pl a a pl c a pl e a  pl h a pl king a pl extinguishment c pl Com dig appendant b common a b e h l  trespass d Bac Abr common a distress f extinguishment c trespass e see the  note and reference Afro t S seize of a house land meadow and pasture to which  he and all those who estate he have agree to have common of pasture for ox cow  and heifer levant and couchant upon the house land meadow and pasture as well  in thirty acre in the same town of which a be seize in fee as in forty acre of  land whereof b be seize in fee to the say house land meadow and pasture  appertain afterward b purchase the say house land meadow and pasture to which  all c to he and his heir and demise the same to plaintiff who put his cattle  into the say thirty acre to common and they be drive out by defendant farmer  of a with a little dog hold saint that prescription do not make a thing  appendant to another unless it agree in nature and quality with itas a thing  corporeal can be appendant to another corporeal thing nor vice line but a  thing incorporeal may be appendant to a thing corporeal or e convex so though  a thing incorporeal can be appendant to a corporeal which do not agree with it  in nature as a common of turbary can be appendant to land but to a house that  common appendant be of common right and need not be prescribe for but it only  belong to ancient arable land and for horse and ox to plough and cow and sheep  to manure the land it can be appendant to meadow or pasture and therefore the  prescription be for common appendant time out of mind to a house meadow and  pasture as well as to arable land the common be appurtenant and not appendant  and common appendant be of common right be apportionable by the commoner  purchase part of the land to which c as rend be on the lord purchase part of  the tenancy so by his alienation of part of the land to which the common be  appendant but common appurtenant be against common right by the say purchase  all the common be extinguish rd unity of possession of the whole land be a  extinguishment of common appendant that common by vicinage be not common  appendant but inasmuch as it ought to be by prescription time out of mind it  be in this respect resemble to common appendant and one may enclose against  the other for one can put his cattle into the land of the other but they must  escape thither in which case the trespass be excuse by reason of the ancient  usage that that when the plaintiff cattle trespass on defendant land he may  chase they out with a little dog without be compel to distrain they common  appendant remain though a house be afterward build on the land or the arable  land be convert to pasture but in plead it ought to be prescribe for as  appendant to land so it may be appendant to a manor carve of land c though it  comprehend a house meadow c when common appendant be apportionable by purchase  of part of the land the commoner ought to prescribe for the whole till such a  day when he purchase when by sale the alienee may prescribe for common  appendant to his parcel common be apportion by purchase of part if a assize be  bring the tertenant of the land charge with the residue of the common shall be  only charge common appurtenant and in gross may commence either by grant at  this day or by prescription in case of common by vicinage between adjoin manor  the lord of one manor may enclose against the other and thereby take away such  common in trespass between pheasant plaintiff and salmon defendant the case be  such Thomas Tyrringham be seize of a house acre of land acre of meadow and  coke report a er p acre of pasture in Titchmersh in the county of Northampton  to which house land meadow and pasture he and all those who estate he have  have use to have common of pasture for ox cow and heifer levant and couchant  upon the house land meadow and pasture as well in acre of land in the same  town whereof one John Pickering be then seize in fee as in acre of land and  pasture in Titchmersh aforesaid whereof one Boniface Pickering be then seize  in fee as to the say house land meadow and pasture appertain and afterward the  say Boniface Pickering be seize as aforesaid of the say acre purchase to he  and his heir the say house acre of land acre of meadow and two acre of pasture  to which c and be so seize as well of the say acre in which as of the say  tenement to which c demise the house land meadow and pasture to which c to  pheasant who put in two cow into the say acre to use the say common and the  say salmon who be farmer of the say John Pickering with a little dog lightly  et calmly drive out the say cow and the say pheasant bring his action of  trespass for chase his cattle in this case diverse point be resolve by Wray  J C sir Thomas gawdy et totan curian first that prescription cloth not make a  thing appendant unless the thing which shall be appendant agree in quality and  nature to the thing to which it shall be appendant as a thing corporate can be  appendant to a thing a corporate a nor a thing incorporate to a thing  incorporate b as it be coke Report37a hold in will and Granges case blow Com a  b but a thing incorporate as a advowson may be to a thing corporate as to a  manor c or a thing corporate as land to a thing incorporate as a a office d as  it be there also hold but every thing incorporate can be appendant to a thing  corporate as common of b turbary can be appendant to land but to a house as it  be hold in ass for the thing which be appendant ought to agree with the nature  and quality of the thing to which it be appendant a   light b a roll Plowd b a  godb vin Abr appendant b pl Com dig appendant c a therefore land can be  appendant to other land or meadow or a message roll Abr neither can a meadow  be appurtenant to a pasture nor a pasture to a wood ibidem Com dig appendant c  ED b Acc Inst b I Plowd a b will yin Abr appendant b pl Com dig appendant a  yet thing which can be direct appendant or appurtenant to another may be claim  mediate thus a man may prescribe that all those who estate he have in such a  manor have immemorially pay so much to the parson for tithe and that for this  reason he be entitle to all tithe within the manor ante   a I that he and all  those who estate he have in such a office have constitute such a officer roll  Abr Com dig appendant c or that he and all those estate he have in the hundred  c have have a foot Inst a two b I so waif and stray may be appurtenant to a  bet and yet both subject be incorporeal ibidem h raze Entr so that it appear  that the above rule be not universal the true test seem to be the propriety of  relation between the bring ne pal and the adjunct which may be find out by  consider whether they do agree in nature and quality as to be capable of union  without any incongruity Inst b I Ventr ED c a advowson be appendant to the  demesne of the manor not to the rend or service Inst a I and n ib dyer b Leon  Leon Leon say cro E1iz doder Adv roll Abr Com dig appendant b ED a Plowd a a  day a   light b dyer pl h a roll d S p yin Abr appendant b pl Com dig  appendant b c if a house or land belong to a office by the grant of the office  by deed the house or land will pass as belong to it Inst a two ED b   light b  Br common see n e infra coke report a er p and turf be to be spend in a house  e so e c a foot can be appendant f e Acc east Inst I you Chit plead n Com dig  appendant b Bac Abr Commons a and it be confine to such quantity as be  sufficient for the house to which the common of turbary be appendant and can  extend to a right to dig turf for sale Valentine v penny Noy the dean and  chapter of Ely v spar atk in a modern case where a custom be plead in the  manor of Hampstead for all the customary tenant have garden to dig turf on the  waste for make grassplot at all time of the year and as often and in such  quantity as occasion require it be hold that such a custom be bad in law as be  indefinite uncertain and destructive of the common lady Wilson v vibes east  smith that by a grant of a house cum appurtenance common of turbary passes cro  James lev side Bac Abr common a as to prescribe for it see lev side mell and  that a assize lie of it post   ED c   light b roll Com dig appendant oh f  right of common be a incorporeal hereditament or a right lie in grant which  certain person have to take or use in common a part of the natural produce of  land water wood c belong to other person who have the property in the soil the  word common be usual understand of common of pasture which be the most general  and valuable kind of common and be either appendant appurtenant because of  vicinage or in gross common appendant be of common right and therefore a man  need not prescribe for it bro Abr common pl for beast commonable that be that  serve for the maintenance of the plough as horse and ox and for cow and sheep  to manure the land and be regular appendant to arable land only infra will it  must have exist from time immemorial so that it can be create at this day et a  roll Abr it may by usage be limit to any certain number of cattle roll Abr hut  where there be no such usage it be restrain to cattle levant et couchant upon  the land to which the right be appendant and the number of cattle which be  allow to be levant et couchant on the land shall be ascertain by the number of  cattle which can be maintain on the land by its own produce during the winter  Bennett v reeve will school v Hargreave t Penton v Chester t r Roger v  Benstead Selw that edit levancy and couchancy however be only a node of  ascertain the number of cattle which be entitle to the right of common and  evidence that the number of cattle be in proportion to the extent and not  produce of the land will be sufficient cheesman v Hardham barn a common  appendant be of common right may be apportion by alienation of part of the  land to which the common be appendant Inst a I and if the land be divide ever  so often each parcel of land be entitle to common appendant per will CJ will  for the same reason though the commoner purchase part of the land on which he  be entitle to common yet the common shall be apportion post   a Inst a I but  otherwise it be of common appurtenant or of any other species of common ibidem  as to the reason for common appendant infra will Inst vent Inst I Q Selw n p  Cru dig Com dig b Sac Abr common a yin Abr common a pl common appurtenant do  not arise from any connexion of tenure but must be claim by grant or  prescription and may be annex to land lie in different manor from those in  which it be claim this species of common may be annex to any kind of land and  not only for beast usual commonable such as horse ox and sheep but likewise  for goat swine c roll Abr Inst a I and it may be grant for a unlimited number  or for a certain number of cattle where it be grant for a unlimited number of  cattle the measure of profit which the commoner be to have be as in the case  of common appendant levancy and couchancy see bro Abr common pl post   Vol Abr  ornery v ken cro James Bennett v reeve will Ventr keb Noy t v Selw n p  cheesman v Hardham barn and a common for cattle levant and couchant can be  claim as appurtenant to a house without any cartilege or land school v  Hargreaves t r bull n p Benson v coke report a er p to a church or chapel for  they be of several nature the beginning of common appendant by the ancient law  be in such manner when a lord d feoff another of arable land to hold of he in  socage I e c per servicium socae as every such tenure at the beginning as  Littleton say be that the feoff ad manutenendum servicium socae g shall have  common in the lord waste for his necessary cattle Chester t r but it be not  always necessary in plead to state the common as appurtenant to land eve  nonage for if it be lie as appurtenant to a thing which in intendment of law  prima fancy comprehend land it be sufficient sand b c as where it be lie as  appurtenant to a message Patrick v low Brownl Hockley v lamb ld raym though  Lord Vaughan be of a contrary opinion north v go Vaugh or to a cottage   Ent a  emerton v Selby ld raym for the law upon demurrer or after verdict will  presume that there be at least a cartilege belong to they on which the cattle  may be levant or couchant Scamler v Johnson sir t Jones but still it must be  prove at the trial either on the general issue on a declaration or upon the  issue of levancy and couchancy in a justification sand e common appurtenant  may be grant at this day post b Cowlam v slack east and may be apportion by a  conveyance of part of the land to which the right be appurtenant Inst a I  sacheverell v porter cro car hob person entitle to common appendant or  appurtenant can in general use the common but with their own cattle if however  they take the cattle of a stranger and keep they on their own land be there  levant et couchant they may use the common with such cattle for they have a  special property in they roll Abr f n b b skin common appurtenant as well as  common appendant may become extinct by writ of possession Bradshaw v Eyre cro  Elizabeth infra a common in gross be so call because it do not appertain to  any land and it must be by grant or prescription Inst a I b Com it may be  grant for all manner of cattle and for a unlimited or for a certain number of  cattle and in either case the grantee may put in the cattle of a stranger and  use the common with they roll Abr neither common appendant nor common  appurtenant for cattle levant et couchant can be convert into common in gross  but common appurtenant for a certain number of cattle may be grant over and so  become common in gross roll Abr and it seem that such common be convertible  for a time to common in gross by demising it bean v cannon taunt a corporation  may prescribe for common in gross for cattle levant et couchant within the  town but not for common in gross sans number Mellor v spateman sand with  respect to common in gross sans number it have be true say that the notion of  this species of common in the latitude in which it be former understand have  be explode long ago and it can have any rational meaning but in  contradistinction to stint common where a man have a right to put on the  common a certain number of cattle only per will a I Bennett v reeve will and  see now v stride will Benson v Chester t the right to common of pasture be in  many case confine to a particular part of the year only as from Michaelmas to  lady day in which case it be call a stint common so a person may have a right  of common in a meadow after the hay be carry till Candlemas or to common in a  pasture from the Feast of saint Augustin till all saint roll Abr Com dig  common b and by stat g c S it be enact that assessment may be make for the  improvement of such commons and that the time of open and shut they may be  vary by the major part in number and value of the owner and occupier of such  common with the consent of the lord of the manor and commons which be former  open during the whole year may be shut and unstacked for a time reserve a  portion for such of the commoner as wary dissent as to common of shack see sir  mile Corbetts case post   cheesman v hardhat barn a ED d Inst e light sect    light b g as to the etymology of the word socage Inst a I Somm gay b Com  wright ten ED coke report a er p which blow and manure his land and that for  two reason because it be as it be then hold tacit imply in the feoff for the  feoff can not plough and manure his land without cattle and they can not be  keep without pasture et per subsequent the feoff shall have as a thing  necessary and incident common in the lord waste and land and that appear by  the ancient book in tempt e I common e common e admeasurement do e and by the  rehearsal of the statute of Merton f cap the d reason be for the maintenance  and advancement of g tillage which be much respect and favour in law so that  such common appendant be of common right a and commence by operation of law  and in favour of tillage and therefore it be not necessary to h prescribe  therein I as it be hold in I h king h as it will be if it be against common  right but it be only appendant to ancient land arable hide and gain king and  only for cattle so horse and ox to plough his land and cow and sheep to manure  his land a and all for the better and advancement of tillage and with this  resolution agree I h a b per tot cur et in h a as to this latter point and  therefore it be against the nature of common appendant to be appendant to  meadow or pasture I and because in the case at bar the prescription be to have  common appendant from time whereof c to a house meadow and pasture as well as  to arable land by which it appear to the court that there have be a house  meadow and pasture from time whereof c it Inst post a f Brownl Inst   b g Inst  Brownlow h as to the origin of common appendant Bennet v reeves will Inst vent  ED h   light a cro car h a Br common Br prescription dyer pl h a vin Abr  common h a pl Com dig common b I common appendant must have exist from time  immemorial but it ought not to be claim by prescription the proper way of  plead it be that the patter be seize in fee of certain arable land to which he  have common appendant in the locus h a Selw n p Inst a b Bac Abr common a ED I  h a king h a king S p Inst r will Selw n p yin Abr common e pl Com dig common  b Bac Abr common b sup n f it can be appendant to land which be approve within  time of memory out of the waste of the lord ass Br common Br ass roll Abr vin  Abr e pl Bac Abr common e Com dig common b but common of pasture may be claim  as appendant to a manor farm or carve of land though it contain pasture meadow  and wood for it will be presume to have all be original arable infra Bac Abr  common a but a prescription to have common appendant to a house meadow or  pasture be void Id ibidem ED a Acc will Inst a I roll Abr Com dig Selw n p vin  Abr common f pl Com dig common Bac Abr common a and therefore a prescription  to have common appendant for all manner of cattle be bad because it comprehend  goat goose e which be more proper common appurtenant sol Abr that in the case  of common appendant the right be confine to such cattle as be levant and  couchant upon the estate videlicet to such and so many as the tenant have  occasion for to plough and manure his land and which the land in respect  whereof the common be claim will maintain vent keb Noy t r barn a ED Br common  yin Abr common f pl g pl m vin Abr common f pl g pl Com dig common b a Abr  common e pl coke report b er p be therefore resolve that this common be  appurtenant and not appendant m but if a man have have common for cattle which  serve for his plough appendant to his land and perhaps of late time a house be  build upon coke Report37b part and some part be employ to pasture and some for  meadow and that for maintenance of tillage which be the original cause of the  common in this case the common remain appendant n and shall be intend in  respect to the continual usage of the common for cattle levant and couchant  upon such land at the beginning all be arable but in plead he ought to have it  appendant to land and although a land to say a to rub because plowshare  teriter yet land include all oh and although it be novan pasture or meadow yet  it be arable Id be may be plough although it be not now in tillage and plough  but if he prescribe to have it appendant to a house or meadow or pasture then  it appear of his own show I as have be say that it have be at all time a house  meadow and pasture and then he can have common as appendant to it but such be  common appurtenant a man may prescribe to have common appendant to his manor p  for all the demesne shall be intend arable or at least shall be in  construction of law reddendo one one appendant to such demesne as be ancient  arable land and not to any land new plough and improve to be arable out of his  waste and more parcel of the manor and therewith agree ass also when a man  claim common appendant to his manor no incongruity as in the case at bar  appear of his own show so common may be claim to be appendant to a carve of  land and yet b a carve of land may contain pasture meadow and wood as it be  hold in e but no incongruity appear there and it shall be apply to that which  agree with the nature and quality of a common appendant it be resolve that  common appendant may be apportion for two reason because it be of common right  and therefore if the commoner purchase parcel of the land in which tic yet the  common shall be apportion r as if the lord purchase parcel of the tenancy the  rend shall be apportion S so if a have common appendant to m S a S p cite send  for yin Abr common e Com dig common b so in a modern case it be hold that  common of pasture without land for a certain number of sheep may be parcel of  a manor and demise and demiseable by copy of courtroll and if it be thus claim  in plead by the lord of the manor without describe the common as appendant  appurtenant or in gross it will be take to be common appurtenant for not be  claim as incident to arable land but to the manor for a certain number of  sheep in the soil of another it can be common appendant nor can it be take to  be common in gross be state in the plea to be parcel of a manor it must  therefore be common appurtenant the only remain sort of common Musgave v cave  will Selw n p ED will n S a S p cite send for yin Abr common e pl Com dig  common b ED Com dig common b Bac Abr common a a   light a oh what be  comprehend under the word land Inst I and the note ib Ventr b Com ED roll Abr  Cru dig yin Abr common e pl Com dig common sup n m p S a S p cite send for yin  Abr common f pl Com dig common b Bac Abr common a ED Cru dig yin Abr common e  pl Bac Abr common a Q S p Cru dig yin Abr common e pl Com dig common b Bac Abr  common a ED b go a Plowd b   light a Brownl Com dig common b r Acc post   a  Inst a I Brownl Brownl Owen hob Selw n p Cru dig yin Abr apportionment b pl  common a a pl Com dig common l Bac Abr common e extinguishment a ED S as to  the apportionment of rend see Cluns case post   c and the note there Inst I p  Swanst n n ED coke report a er p twenty acre of land and feoff b of part of  the say twenty acre to which c this common shall be c apportion and b shall  have common pro rata t and where it be object saint that the prescription fail  in both the case for in the first case he never have common in part of the  land only but entire in all and it will now be a prejudice to the tartenant if  he shall have common in the thirty acre only for all the cattle levant and  couchant upon all the tenement to which c and in the latter case no common be  ever appendant to part of the land but entire to the whole also in assize of  common all the tartenants ought to be name and that can be when the commoner  himself have purchase part of the land as to these objection it be answer and  resolve that as to the first the prescription ought to be special so coke  Report38a to prescribe to have common in the whole till such a day and then to  show the purchase of part and from that time that he have put in his cattle  into the residue pro rata portion as in the case when a corporation have  liberty by prescription and within time of memory the corporation be alter  there ought to be a special prescription as to the second case so when part of  the land to which c be alien there every of they may prescribe to have common  for cattle levant and couchant upon his land and in none of these case any  prejudice accrue to the tenant of the land in which the common be to be have  for he shall not be charge with more upon the matter than he be before the  severance and God forbid the law shall not be so when part of the land to  which c be alien for otherwise many commons in England which God forbid will  be annihilate and lose and it be agree that such common which be admeasurable  shall remain after the severance of part of the land to which c but in the  case at bar forasmuch as the court resolve that the common be appurtenant and  not appendant and so against common right it be adjudge that by the say  purchase a all the common be extinct for in such case common appurtenant can  be extinct in part and be in be for part by the act of the party and as to the  last objection it be answer and resolve that if upon the matter the common  appendant shall be apportion then the terratenant shall be only charge out of  the land with the residue of the common as in case where a rentcharge be  apportion in case of descent the tenant of the land out of which the residue  of the rend which remain issue shall only be name and it be say in this case  this word b pertinent be Latin as well for appurtenant as for appendant and  therefore subject means and the circumstance of the case ought to direct the  court to judge the common to be appendant or appurtenant it be resolve that c  unity of possession of the whole land to which c and of the whole land in  which c u make extinguishment of common appendant against the opinion e common  d c oh a hob roll   light a Brownl see n t infra t Acc will d east Cru dig  Selw n p yin Abr apportionment b pl common e a pl corn dig common l Bac Abr  common e extinguishment c in these case no prejudice be do to the tenant of  the land where the common be to he have for he will not be charge with more  upon the whole than he be before the severance infra a ED a   Litt a hob   a a  winch hut cro Elizabeth cro car Jones Brownl b   light b Inst a c cro  Elizabeth more Poph Owen Brownl side u where a copyhold tenement to which a  right of common be annex vest in the lord by forfeiture who regrant it as a  copyhold with the appurtenance the court hold that have always continue  demisable while in the hand of the lord it be a customary tenement and as such  be still entitle to right of common badger v ford barn and Ald and way  Worledge v Kingwell cro Elizabeth woolrich on Commons p d ante a Inst coke  report b er p ass ass e e admeasurement the reason of which opinion be because  the land to which the common be claim be ancient land hide and gain and for  maintenance and advancement of tillage but inasmuch as it be against a rule in  law so when a man have as high and perdurable estate as well in the land as in  the rend common and other profit issue out of the same land there the rend  common and profit be extinct and therewith agree e in this case Wray c I say  that common for cause of vicinage be not common appendant but inasmuch as it  ought to be by prescription from time whereof c as common appendant ought it  be in this respect resemble to common appendant but common appurtenant and in  coke Report38b gross may commence either at this a day by grant or be by  prescription and Wray chief justice further say that in case of common for  cause of vicinage the one may enclose b against the other for he who have such  common can put his cattle into the land of the other but he ought to put they  in the land where he have common and if they astray into the other land they  be excuse of trespass by reason of the ancient usage which the law allow to  avoid suit which will arise if action shall be bring for every such trespass  when no separation or enclosure be between the commons and therefore he say  that one may enclose against the other for c to be remiss causan be remiss  execution it be resolve without any difficulty that when the plaintiff cattle  come into the defendant land and do he trespass the defendant I with a little  dog night chase they out and shall not be compel to distrain they damage  pheasant notam reader accord to the say opinion of Wray CJ it be now late  adjudge in the king bench between smith plaintiff and how and Redman defendant  where the case be that two lord of two several manor have two waste adjoin  parcel of their manor join without enclosure or separation and yet the bind of  each manor be well know by certain bind and mark in which waste the tenant of  the one manor and of the other have reciprocal common for cause of vicinage in  that case one may enclose e against and thereby utter toll the common for  cause of vicinage against which two objection be make because it have be use  by prescription from time whereof c the beginning of which can be know it will  be hard now to break that which have have such continuance for as it be say  obtemperanduum be experience rational tanquam law perhaps the waste of one be  great or of great value than the other and probable those who have the less at  the beginning give f recompense to have his common in the great and therefore  it will be now unreasonable to undo or defeat it as to these it be answer and  resolve that the prescription import the reciprocal cause in itself so for  cause of vicinage and no other cause can be imagine and forasmuch as it be  rather a excuse of trespass when the cattle of the tenant of the one manor  stray into the waste of the other manor than any certain inheritance for it be  resolve clear that the tenant of the one manor can not put their beast into  the waste of the other manor but they shall come there only by escape and that  the enclosure be only to prevent the escape of the cattle which be a lawful  act for these reason it be adjudge that the one may enclose against the other  wonder e Inst e a be per Littleton e b a   light b b die pl   a b   light a  roll h b a e a c     light b Inst day a more e b d Poph roll smith case e    light a f h b wonder but to take away the claim of common by reason of  vicinage there must be a complete enclosure and separation so as to prevent  the cattle stray from one common to the other bullet v Lopez east common by  vicinage can only exist between two township or manor adjoin one another and  not where there be intermediate land Bromfeild v barber Mod coke report a er p  notam reader it be true that g agriculture and tillage be coke Report39a great  respect and favour as well by the commonlaw as by the common assent of the  king lord spiritual and temporal and all the Commons in many parliament the  commonlaw prefer arable a land before all other and therefore for its dignity  it ought to be name in a praecipe before meadow pasture wood or any other soil  and it appear by the statute of h cap that six b inconvenience be introduce by  subversion or conversion of arable land into pasture tend to two deplorable  consequence the first inconvenience be the increase of c idleness the root and  cause of all mischief depopulation and decrease of populous town and  maintenance only of two or three herdsman who keep beast in lieu of great  number of strong and able man church for want of inhabitant run to ruin and be  destroy the service of God neglect injury and wrong do to patron and curate  the defence of the land for want of man strong and enure to labour against  foreign enemy weaken and impair the d two consequence be these inconvenience  tend to the great displeasure of God to the subversion of the policy and good  government of the land and all this by decay of agriculture which be there say  to be one of the great commodity of this realm which one Act of parliament as  to this purpose may as a figure in arithmetic in the three place stand for a  hundred but I have observe that the most excellent policy and assure mean to  increase and advance agriculture be to provide that corn shall be of a  reasonable and competent value for make what statute you please if the  ploughman have not a competent profit for his excessive labour and great  charge he will not employ his labour and charge without a reasonable gain to  support himself and his poor family