Note 432 — Chapter II · THE REACTION OF THE AGRARIAN CHANGES ON THE PEASANTRY

Common appendant, common appurtenant, common in gross, and common par cause de vicinage. This classification is not found in Bracton, and appears to date from the late Middle Ages, see Vinogradoff, Villainage in England, Essay II., chap, ii., and the following case: Coke’s Reports, Part IV., p. 60. Hill, 4 Jac. I. in Communi Banco: “Robert Smith brought an action of Trespass against Stephen Gatewood, gent., quare clausum fregit ... cum quibusdam averiis.... Defendant pleaded a certain custom, 'quod inhabitantes infra eandem villam de Stixwood prædictam infra aliquod antiquum messuagium ibidem ratione commorantiæ et residentiæ suæ in eadem habuerunt et usi fuerunt et consueverunt habere com. Pastur ... pro omnibus et omnimodis bobus et equis et aliis grossis animalibus.' Unanimously resolved that the custom is against law. 1. That there are but four manners of common, common appendant, appurtenant, in gross, and by reason of vicinage, and this common ratione commorantiæ is none of them. 2. What estate shall he have, who is inhabitant, in the common, when it appears he hath no estate or interest in the house (but a mere habitation and dwelling) in respect of which he ought to have his common? For none can have interest in a common in respect of a house in which he hath no interest.”