Common appendant is a right, belonging to the owners or occupiers of arable land, to put commonable beaſts upon the lord's waſte, and upon the lands of other perſons within the ſame manor. Commonable beaſts are either hearts of the plough, or ſuch as manure the ground. This is a matter of moſt univerſal right; and it was originally permitted[1], not only for the encouragement of agriculture, but for the neceſſity of the thing. For, when lords of manors granted out parcels of lands to tenants, for ſervices either done or to be done, theſe tenants could not plough or manure the land without beaſts; theſe beaſts could not be ſuſtained without paſture; and paſture could not be had but in the lord's waſtes, and on the unincloſed fallow grounds of themſelves and the other tenants. The law therefore annexed this right of common, as inſeparably 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 ſame manner as in England[2]. Common appurtenant is where the owner of land has a right to put in other beaſts, beſides ſuch as are generally commonable; as hogs, goats, and the like, which neither plough nor manure the ground. This, not ariſing from the neceſſity of the thing, like common appendant, is therefore not of common right; but can only be claimed by immemorial uſage and preſcription[3], which the law eſteems ſufficient proof of a ſpecial grant or agreement for this purpoſe. Common becauſe of vicinage, or neighbourhood, is where the inhabitants of two townſhips, which lie contiguous to each other, have uſually intercommoned with one another; the beaſts of the one ſtraying mutually into the other's fields, without any moleſtation from either. This is indeed only a permiſſive right, intended to excuſe what in ſtrictneſs is a treſpaſs in both, and to prevent a multiplicity of ſuits: and therefore either townſhip may encloſe and bar out the other, though they have intercommoned time out of mind. Neither hath any perſon of one town a right to put his
