case trigg against turner a prescription general to have common in a forest at  all time throughout the year be good without a exception of the fence month SC  keb SC lev SC Pollexf Jones n Lut Manw Inst Bulst Lut cro James hard Com dig  chase oh replevin the defendant avow as bailiff in distrain for damage  pheasant the plaintiff in bar to the avowry plead prescription to have common  all time of the year in the place where be forest stride sergeant move in  arrest of judgement there have be a verdict for the plaintiff in the replevin  he will have all prescription to common in forest land to be void unless the  land to which c be forest land too it have be adjudge in this court that the  forest law be not the commonlaw of England if a man have a right to common in  a forest yet if he do not claim it and if it be not allow in some eire he lose  his right then shower KB he insist that the prescription be too large and  general for by the forest law there be a fence month in which it be a  forfeiture to put in their cattle and they have mention nothing thereof in  their plea so that it be lie too general Mr holt likewise on the same side no  man can prescribe for common in a forest if he have no land in the forest a a  prescription extra forestam be not good without a resolve accord in the case  of Hodges v steward salk that a general indebitatus assumpsit will not lie by  a endorsee against the drawer of a bill of exchange see h Bl Rep but it will  lie by a payee against the drawer Mod Ent Morg Prec or by the endorsee of a  note of hand against the precede endorse Kessebower v Tims Bailey on bill and  it seem that wherever a privity exist between the party a action of debt or  indebitatus assumpsit may be maintain kid on bill a Jones shower KB er p  allowance b a man can depasture any cattle there without a special  prescription then if he have it as this case be it can have no good  commencement neither can it be try for if triable by any it must be by the  verderors c and they can because it be appendant to land without the forest  and their jurisdiction be limit by Edward saint where it be enact that those  who land be exempt from the forest shall not by right of those land have  common in the forest but if they will return they shall as for the fence month  which begin about the nine of June and end about fourteen or fifteen day after  midsummer there be a express law that none shall have common there that month  c now here be a prescription for the whole year and it can he have but for  eleven month only it be therefore nought for if in any case a man lie his  prescription large than the law allow it be all void d as prescription custom  and buy law within manor to bind all person when in the particular it will  bind only the tenant and not stranger such be void e and also that if any  cattle be upon such and such land and do break their bind that they shall be  forfeit now though this be good against a tenant of the manor yet it be void  against a stranger and therefore in that case it be adjudge void f be lie too  general in action bring thereupon another such like resolution you have in the  case of Harbin v green g a prescription be a entire thing c Mr pollexfen for  the plaintiff they ought to have allege in their avowry that it be a forest  which have the office and place usual appendant coke say h that by  prescription a man may shower KB have common for his sheep within the king  forest beside there be a great many nominal forest but suppose this be a  forest yet accord to coke as I say before a prescription may be for common  therein for suppose the king do as he may disafforest his own land yet those  that have common there before shall have it so still by Charta de forest as  appear in manwood I and this may be for all the year such as it be before and  then he say that swine and goose be forfeit if put into common the fence month  which imply that other cattle may be in that month and also the article about  foreigner that they may not have common or put in any cattle in the fence  month imply that those who have a ancient right may and there be no positive  direct authority against I the statute of in ranks forest king though Lord  coke say it be no statute yet perhaps it be so grant common c as to the  objection about the trial the four institute in the chapter about the court of  forest say that the very fact of the verderors may be traverse and if there be  any claim disallow there yet it be not final further it be not say that our  land to which we prescribe this common to belong be within or without of the  forest and therefore they may be within as well as without and so intend he  also cite the case of Leicester forest in cro James Scroggs chief justice say  that he be incline to believe they may have common and a prescription  presuppose a grant from the king and he quote the case of sir Edward sawyer in  Jones where it be allow to copyholder to prescribe for common general  judgement for the plaintiff b Manwoods forest law title common c manwood but  see Lutw d Jones e yearbook Henry pl f yearbook Henry pl g hob h Inst I Henry  saint c manwood king Edward saint l Inst see Com dig chase r shower KB er p