coke b wyat WYLDS case Trin James in the common plea see bare v Abingdon Ch if  a commoner purchase parcel of the land in which he have common appendant the  common shall be apportion but if he purchase parcel of the land in which he  have common appurtenant such common be extinct but in either case the common  shall be apportion by the alienation in fee of parcel of the land to which c  and the alienee may plead that he be seize c and that he and all those who  estate he have c have use to have common of pasture c S C brown in a replevin  between William wood plaintiff and William Norton Esq defendant upon take of  his sheep at Croydon in the county of Surre in a place call Norwood the  defendant say that the place where c do contain acre part of the manor of  Croydon and entitle himself to have common there and avow for damage pheasant  the plaintiff in bar of the avowry say that before and coke report a er p at  the time of the take he himself be and yet be seize of five acre of land in  Croydon aforesaid in fee and that he and all those who estate he have in the  say five acre a tempore pron  interrog  c have use to have common of pasture  in the say acre for all his commonable cattle levant and couchant upon the say  five acre of land at all time of the year as to the say five acre of land  appertain for which cause he put in his sheep c to which the defendant say  that before the say William wood have anything in the say five acre of land  one Wyatt wile be seize of a message and acre of land in Croydon aforesaid  whereof the say five acre be parcel in fee and that the say Wyatt and all  those who estate he have in the say message and acre of land whereof c a  tempore pron  interrog  c have common of pasture in the say acre for all his  commonable cattle levant and couchant upon the say message and acre of land  whereof c as to the say message and acre of land appertain and the say Wyatt  be so seize of the say five acre feoff one John wood in fee who estate the say  William wood before the time of the take c have the same Williel wood  multicolored ind clam common pasture in the say acre c pro omnibus aver nest  communib sup prod quinq sharp to levant and couchant c coke a put in his  cattle and be take they as damagefeasant c upon which the plaintiff demurrer  in law and the last term and this term this case be argue by the sergeant at  the bar and now at this term it be argue at the bench by all the justice know  coke chief justice walmesley Warburton Daniel and foster and in this case two  point be resolved L that be the say a hob Noy Jones roll a common appendant or  appurtenant the common in the case at bar be apportionable that the plead  thereof be sufficient as to the first it be well agree that common appendant  be of common right and severable and although the commoner in such case  purchase parcel of the land in which c yet the common shall be apportion in  such case common appurtenant and not appendant by b winch hob   a   light a b  purchase of parcel of the land in which c be extinct for the cause and reason  give in Tyrringhams case all which be affirm for good law by the whole court a  Vid note to Tyrringhams case   etseq a and it be strong urge that common  appurtenant shall not be severable in the case at the bar for diverse reason  because this common appurtenant whole belong to a house and acre of land by  prescription and be by his own act can make this entire thing several the  feoff of parcel shall not have common because the prescription fail for no  common be ever appurtenant to that parcel but to the message and all the land  common appurtenant be a thing against common right and therefore by the act of  the party shall be no more sever or divide than a condition or nomin pn or any  other thing against common right as to that it be answer and resolve that it  appear by the prescription that the say common be severable for the  prescription be to have common in the land in which c to be take by the mouth  of his beast which be a Cr car Noy hob a levant and couchant on the land to  which c and that extend to the whole and to every parcel and it can be no more  damage or charge to the tenant of the land in which c after the severance than  it be before for no other beast can pasture there but those which be levant  and couchant on the land to which c but if he who have common appurtenant b I  Anderson Leon Goldsb winch Noy   light a   a b purchase parcel of the land in  which c all the common be extinct or if he take a c   a   light b roll   light  a c lease of parcel of the land all be suspend because it be the folly of the  commoner to intermeddle with part of the land in which c which belong not to  he but when the commoner intermeddle but only with his own land by alienation  thereof that shall not in such case turn to his prejudice for that be not  against any rule of the law as the other case when he purchase part of the  land in which c because his common appurtenant be against coke b common right  and he can common in his own land which he have purchase and it will be a  great inconvenience if by the alienation of parcel the alienee shall coke  report a er p lose the common which belong to he for then the alienor shall  lose his common also for by the reason which have be make Wyatt wile can  prescribe to have common to the house and acre because the common be entire  appurtenant to the message and acre and if the law shall be such all common  appurtenants in England will be d Noy   a hob d destroy which will be against  the commonwealth for no land continue in so entire a manner every acre  together with another as it have be ab beginning but for preferment of young  son advancement of daughter payment of debt or other necessary consideration  part have be sever and therefore this case be not like a condition or nomin pn  which be entire and not severable by the act of the party but be like a rend  reserve on a lease for year and therefore if a man make a lease of three acre  each of equal yearly value render S rend and the lessor grant the reversion of  one acre and the tenant attorns b attornment be now unnecessary Ann c S but  that the grantee may be able to recover his part of the rend from the lessee  it be still necessary that the lessee shall agree to the apportionment or that  the apportionment shall be make by a jury bliss v Collins barn and Ald SC dow  and Ryl mad b the grantee shall have d rend for although it be one lease one  reversion and one rend yet that be incident to the reversion which be  severable and the rend shall wait upon the reversion and upon every part of it  so in the case at bar although at the beginning there be but one common  attendant upon one tenancy yet forasmuch as it be attendant upon the tenancy  which be severable and upon every part of it the alienee of part of the  tenancy shall have common so if he who have such common appurtenant to land  lease part of the land to another the lessee shall have common for the beast  levant and couchant and if a advowson be appendant to a manor which descend to  diverse coparceners and the coparceners make partition of the manor to which c  without speak of the advowson the advowson notwithstanding the division and  severance of the manor to which c remain appendant e quare imp Edward ibidem e  Edward e quare imp h vide Elizabeth die