Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/45

 Ch. 3. appendant is a right, belonging to the owners or occupiers of arable land, to put commonable beats upon the lord's wate, and upon the lands of other perons within the ame manor. Commonable beats are either hearts of the plough, or uch as manure the ground. This is a matter of mot univeral right; and it was originally permitted, not only for the encouragement of agriculture, but for the neceity of the thing. For, when lords of manors granted out parcels of lands to tenants, for ervices either done or to be done, thee tenants could not plough or manure the land without beats; thee beats could not be utained without pature; and pature could not be had but in the lord's wates, and on the unincloed fallow grounds of themelves and the other tenants. The law therefore annexed this right of common, as ineparably incident, to the grant of the lands; and this was the original of common appendant: which obtains in Sweden, and the other northern kingdoms, much in the ame manner as in England. Common appurtenant is where the owner of land has a right to put in other beats, beides uch as are generally commonable; as hogs, goats, and the like, which neither plough nor manure the ground. This, not ariing from the neceity of the thing, like common appendant, is therefore not of common right; but can only be claimed by immemorial uage and precription, which the law eteems ufficient proof of a pecial grant or agreement for this purpoe. Common becaue of vicinage, or neighbourhood, is where the inhabitants of two townhips, which lie contiguous to each other, have uually intercommoned with one another; the beats of the one traying mutually into the other's fields, without any moletation from either. This is indeed only a permiive right, intended to excue what in trictnes is a trepas in both, and to prevent a multiplicity of uits: and therefore either townhip may encloe and bar out the other, though they have intercommoned time out of mind. Neither hath any peron of one town a right to put his .