coke a sir mile corbet case hill Elizabeth in the exchequer resolve where one  have purchase diverse parcel of land in d together in which the inhabitant  have use to have shack and long since have enclose it and notwithstanding  always after harvest the inhabitant have have shack there by pass into it by  bar or gate with their cattle then it shall be take as common apendant or  appurtenant and the owner can exclude they of common but if in the town of S  the custom and usage have be that every owner in the same town have enclose  their own land from time to time and so have hold it in severalty any owner  may enclose and hold in severalty and exclude himself to have shack with the  other if the commons of the town of a and of the town of b be adjoin and one  ought to have common with the other by reason of vicinage and in a there be  fifty acre and in b one hundred acre of common the inhabitant of a can put  more cattle into their common of fifty acre than it will feed nec e turning  between sir Edward clear and mile Corbet then esquire now a knight it be  resolve in a case concern the parsonage of Marham in the county of Norfolk  that where in the county of Norfolk there be a special manor of common call  shack which be to be take in arable land after harvest until the land be sow  again c and it begin in ancient time in this manner the field of arable land  in this country consist of the land of many and diverse several person lie  intermix in many and several small parcel so that it be not possible that any  of they without trespass to the other can feed their cattle in their own land  and therefore every one do put in their cattle to feed common in the open  field these word to go shack be as coke report b er p much as to say to go at  liberty or to go at large in which the policy of old time be to be observe  that the severance of field in such small parcel to so many several person be  to avoid enclosure and to maintain tillage but it be to be observe that the  say common call shack which in the beginning be but in the nature of a feed  because of vicinage for avoid of suit within some place of that country be by  custom alter into the nature of a common appendant or appurtenant and in some  place it retain its original nature and the rule to know it be the custom and  usage of every several town or place for   b   a   a custom loci be observanda  and therefore if in the town of d pattern agreeableness one who have purchase  diverse parcel together in which the inhabitant have use to have shack and  long time since have enclose it and notwithstanding always after harvest the  inhabitant have have shack there by pass into it by bar or gate with their  cattle there it shall be take as common appendant or appurtenant and the owner  can exclude they of common there notwithstanding he will not common with they  but hold his own land so enclose in severalty and that be prove by the usage  for notwithstanding the ancient enclosure the inhabitant have always have  common there but if in the town of S the custom and usage have be that every  owner in the same town have enclose coke b their own land from time to time  and so have hold it in severalty there this usage prove that it be but in the  nature of shack original for the cause of vicinage and so it continue and  therefore there he may enclose a there be a passage in Com dig Com e which be  incorrect the passage be this if several freeholder who have land in a common  field intercommon one of they can prescribe to enclose against the other now  this be contrary to coke but the true decision be to be find in Mod where it  be lie down where there be several freeholder who have right of common in a  common field such a custom to enclose be good because the remedy be reciprocal  for as one may enclose so may another but justice atkins doubt much of the  case at bar because the defendant have plead this custom to enclose in bar to  a freeholder who have no land in the common field where he claim right of  common but prescribe to have such right there as appendant to two acre of land  which he have alibi this decision be not at variance with coke per Bayley I  Cheeseman v Hardham barn and Ald a and hold in severalty and exclude himself  to have shack with the other and although in the say case of the town of d the  usage have be that notwithstanding the enclosure by diverse inhabitant of late  time the other inhabitant have have shack there yet if a man have a ancient  close of ancient time take out of the field and be and all those who estate he  have have hold it always in severalty he may well keep it enclose for as to  such parcel so ancient enclose the shack there do retain its ancient and  original nature and he who claim shack there can prescribe to have common in  it notam a good resolution which stand with reason and no inconvenience  innovation or cause of suit or trouble can thereupon arise but quiet and  repose will be thereby in many case establish which I think fit to be report  because it be a general case in the say country and at first the court be  altogether ignorant of the nature of this common call shack it be also resolve  at the same time that if the commons of the town of a and of the town of b be  adjoin and that one ought to have common with the other by reason of vicinage  and in the town of a there be fifty acre of common and in the town of b there  be a hundred acre of common in that case the inhabitant of the town of a can  put more cattle into their common of fifty acre than it will feed without any  respect to the common within the town of b nec e turning for the original  cause of this common for cause of vicinage be not for profit but for prevent  of suit in a champaign country for the reciprocal escape of the one town into  the other and therefore if the common of the town of a will feed fifty beast  and of the town of b a hundred beast it be no prejudice to the one or the  other if the cattle of one town escape and feed in the common of the other  town reciprocal for if all the cattle feed common together through the whole  it will be no prejudice to one or the other coke report a er p note the like  intercommune be in Lincolnshire Yorkshire and other county and in mich term  car b r Twisden justice say that this common call shack be but common per  cause de vicinage note to former edition coke a case upon the stat OF Edward  OF winchester Westminster c Inst Inst sand   b the purview of the say Act be  that from henceforth every county be so well keep that immediate after robbery  and felony commit fresh suit be make from town to town and from county to  county c and after the felony or robbery be commit the county shall have no  long space than day within which a Inst side I a day it shall behove they to  agree for the robbery or trespass or else that they answer for the body of the  offender c upon which word diverse resolution have be make