case monk against butler easter term James roll see very v Fitzhowe Q b a fine  may be levy of a close by a know name without mention the will or hamlet where  it lie ante roll ab cro car Mod vent Mod and Mod salk Bac ab and the case  there cite quaere if a commoner who have common for a certain number of beast  can put in the cattle of a stranger trespass for that in the close call  Arscomb in Barwick saint John he chase twenty of the plaintiff beast the  defendant justify for damage pheasant as in his freehold the plaintiff reply  that this close contain a hundred acre and from time whereof c be know by the  name of Arscomb and show that Lord de la ware be seize thereof in fee and by  fine Henry grant common of pasture to John Shelley and his heir for twenty  beast in Arscomb who convey it to John Shelley who licence he to put in those  twenty beast for which c the defendant plead that there be no such village or  hamlet nor place know out of any village or hamlet call Arscomb and it be  thereupon demurrer the question be whether a fine may be levy of a close by a  know name in a will without mention the will or hamlet where it lie and  adjudge that the fine be good enough for it be but the agreement of the party  which be record although there be neither will nor hamlet mention wherein it  lie be good enough and notwithstanding it be object that a praecipe ought to  be in a village or hamlet or place know out of a village croak throw or hamlet  as appear by all plead for if the place know be within a will or hamlet the  praecipe ought to be bring accord it be thereto answer true it be in a  praecipe or any writ whereto the defendant be to answer but here this be but a  concord and agreement of the party and no exception take but the fine be draw  and pass it be well enough but in a to know facias upon this fine he must show  that it be in such a will or hamlet vide Henry pl Henry pl Edward pl Edward pl  Edward title fine so the court resolve here although it be confess by plead  that there be not any place out of a will or hamlet call Arscomb but that  there be such a close in Barwick saint John yet the fine be good and the  defendant plea ill it be then move that this replication be not good nor  entitle the plaintiff for croak James er p the land be the freehold of the  defendant and the plaintiff entitle himself to put in his beast by licence of  he to who the grant be make and it be object that he who have this common can  licence any other to put in his beast but ought to use it with his own beast  and if he may licence yet he can do it without deed the whole court be of that  opinion that this licence in another soil transfer over to another to have the  profit in the say soil can be without deed but one may justify to hunt or use  the like liberty in the soil of the plaintiff himself who make the licence  without any deed as Henry pl and Edward pl a but whether he may in this case  licence another to feed there with such a number of beast because it be for a  certain number and be as pasture and not common which ought to be take with  the mouth of the beast of the commoner they give nest resolution but seem to  doubt thereof but for the other point it be adjudge for the defendant