section tenure in burgage part and note that no custom be to be allow but such  custom as have be use by title of prescription that be to say from time out of  mind but diversopinions have be of time out of mind c and of title of  prescription which be all one in the law for some have say that time of mind  shall be say from time of limitation in a Writ of right that be to say from  the time of king Richard the first after the Conquest as be give by the  statute of Westminster the first for that a Writ of right be the most high  Writ in his nature that may be and by such a writ a man may recover his right  of the possession of his ancestor of the most ancient time that any man may by  any writ by the law c and in so much that it be give by the say estatute that  in a writ of right none shall be hear to demand of the seize of his ancestor  of long time than of the time of king Richard aforesaid therefore that be  prove that continuance of possession or other custom usage use after the same  time be the title of prescription and this be certain and other have say that  well and truth it be that seize and continuance after the limitation c be a  title of prescription as be aforesaid and by the cause aforesaid but they have  say that there be also another title of prescription that be at the commonlaw  before any estatute of limitation of writ c and that it be where a custom or  usage or other thing have be use for time whereof mind of man run not to the  contrary and they have say that this be prove by the plead where a man will  plead a title of prescription of custom he shall say that such custom have be  use from time whereof the memory of man run not to the contrary that be as  much to say when such a matter be plead that no man then alive have hear any  proof of the contrary nor have no knowledge to the contrary insomuch that such  title of prescription be at the commonlaw not put out by a estatute ergo it  abide as it be at the commonlaw the rather insomuch that the say limitation of  a writ of right be of so long time pass therefore quaere de hoc and many other  custom and usage have such ancient borough prescription prescription be a  title take his substance of use and time allow by the law prescriptio be  titulus ex use tempore nature to take in hand ab authority law in the  commonlaw a prescription which be personal be for the most part apply to  person be make in the name of a certain person and of his ancestor or those  who estate he have or in body politic or corporate their predecessor for as a  natural body be say to have ancestor so a body politic or corporate be say to  have predecessor and a custom which be local be allege in no person but lie  within some manor or other place as take one example for many I S seize of the  manor of d in fee prescribe thus that I S his ancestor and all those who  estate he have in the say manor have time out of mind of man have and use to  have common of pasture c in such a place c be the land of some other c as  pertain to the say manor this proper we call a prescription a custom be in  this manner a copyholder of the manor of d do plead that within the same manor  there be and have be such a custom time out of mind of man use that all the  copyholder of the say manor have have and use to have common of pasture c in  such a waste of the lord parcel of the say manor c where the person neither do  or canprescribe but allege the custom within the manor but both to custom and  prescription these two thing be incident inseparable videlicet possession or  usage and time possession must have three quality it must be long continual  and peaceable long continua to make peace for it be say to bear owner without  distinction tradition per usucaptionem S per long continuum peace possession  long I e per interval time per law definitum of which hereafter shall be speak  continua form ita quoth non sit legitime to break apart peace form because si  obstinate to be idem to be quoth prius si raising voice to be justice ut si  spit  dominus at once come intrusor well seize ingressus to be seisinam  to bear upon tale man to drive back to drive out although id quoth  to take hold to lead through non to be able and execution dumb yet come  to withdraw thrifty sit and to gain one to follow long use nec per vim nec  clam nec an oratory c if a man prescribe to have a rend and like wise to take  a distress for the same it can be avoid by plead that the rend have be always  pay by cohersion albeit it begin by wrong a title of prescription see that  prescription make a title it be to be see first to what thing a man may make a  title by prescription without charter and second how it may be lose by  interruption for the first as to such franchise and liberty as can be seize or  forfeit before the cause of forfeiture appear of record no man can make a  title by prescription because that prescription be but a usage in pais it can  extend to such thing as can be seize nor have without matter of record as to  the good and chattel of traitor felon felon of themselves fugitive of those  that be put in exigent deodand conusance of plea to make a corporation to have  a sanctuary to make a Coro ner c to make conservator of the peace c c but to  Treasure trove waif Estraies wreck of sea to hold plea court of leet hundred c  Infange thief Outfange thief to have a park warren royal fish as whale  sturgeon c fair market frank foldage the keep of a goal toll a corporation by  prescription and the like a man may make a Title by usage and prescription  only without any matter of record vide sect where a man shall make a Title to  land by prescription but be to be observe f that although a man can as be  aforesaid prescribe in the say franchise to have good catalla traitor felon c  yet may they and the like be have oblique or by a mean by prescription for a  county palatine may be claim by prescription and by reason thereof to have  good catalla traitor felon c as to the second by what mean a Title by  prescription or custom may be lose by interruption it be to be know that the  title be once gain by prescription or custom can be lose by interruption of  the possession for or year but by interruption in the right as if a man have  have a rend or common by prescription unity of possession of as high and  perdurable estate be a interruption in the right in a Writ of Mesne the  plaintiff make his title by prescription that the defendant and his ancestor  have acquit the plaintiff his ancestor and the terre tenant time out of mind c  the defendant take issue that the defendant his ancestor have not acquit the  plaintiff his ancestor the terre tenant and the jury give a special verdict  that the grandfather of the plaintiff be feoff by one Agnes and that Agnes and  her ancestor be acquit by the ancestor of the defendant time out of mind  before that time since which time no acquittal have be and it be adjudge and  affirm in a Writ of error that the plaintiff shall recover his acquittal for  that there be once a title by prescription vest which can be take away by a  wrongful cesser to acquit of late time and albeit the verdict have find  against the letter of the issue yet for that the substance of the issue be  find videlicet a sufficient title by prescription it be adjudge both by the  court of common plea and in the Writ of error by the court of king bench for  the plaintiff which be worthy of observation so a modus kill be allege by  prescription time out of mind for tithe of lamb and thereupon issue join and  the jury find that before year then last pass there be such a prescription and  that for these year he have pay tithe lamb in specie and it be object first  that the issue be find against the plaintiff for that the prescription be  general for all the time of prescription and year fail thereof that the party  by payment of tithe in specie have waive the prescription or custom but it be  adjudge for the plaintiff in the prohibition for albeit the modus kill have  not be pay by the space of year yet the prescription be find the substance of  the issue be find for the plaintiff and if a man have a common by prescription  and take a lease of the land for year whereby the common be suspend after the  year end he may claim the common general by prescription for that the  suspension be but the possession and not to the right and the inheritance of  the common do always remain and when a prescription or custom do make a title  of inheritance as Littleton speak the party can alter or waive be the same in  pais time out of mind c and of title of prescription which be all one in the  law so as the time prescribe or define by law be time whereof there be no  memory of man to the contrary c all men  quaerela all men  act  in an unjust manner limitata intra determined time time of limitation  limitation as it be take in law be a certain time prescribe by statute within  the which the demandant in the action must prove himself or some of his  ancestor to be seize in a Writ of right in f ancient time the limitation in a  Writ of right be from the time of Henry the first whereof it be say a tempore  king Henry older man after that by the statute of g Merton the limitation be  from the time of Henry the second and by the statute h of west I the  limitation be from the time of Richard the first and this be that limitation  that Littleton here speak of whereof in the mirror in reprose of the law it be  thus say I abusion be de counter cy long temps dount nul ne poet testmoigner  de vieu de oyer and ne dure my generalment ouster once time of limitation be  twofold first in writ and that be by diverse act of parliament second to make  a title to any inheritance and that as Littleton here say be by the commonlaw  limitation of time in writ be provide by the say statute of Merton and after  by the say statute of west I which Littleton here cite and which be in force  when he write but be since alter by a profitable and necessary statute k make  year  Henry and by that Act the former limitation of time in a Writ of right  be change and reduce to threescore year next before the testae of the Writ and  so of other action as by the statute at large appear but it be to be observe  that this Act of Henry extend l not to a formedon in the Discender nor tothe  service of escuage homage and fealty for a man may live above the time limit  by the Act neither do it extend to any other service which by common  possibility may not happen or become due within sixty year as to cover the  hall of the lord or to attend on his lord when he go to war or the like nor  where the seize be not traversable or issuable neither do it extend to a rend  create by deed nor to a rend reserve upon any particular estate for m in the  one case the deed be the title and in the other the reservation nor to any  writ of right of advowson quare hinder or assize of darreine presentment for  there be a parson of one of my church that have be incumbent there above fifty  year and die but late or any Writ of right of ward or ravishment of ward c but  they be leave as they be before the statute of Henry but hereof thus much for  the better understanding of Littleton shall suffice from the time of king  Richard the first and that be intend from the first day of his reign for from  the time be indefinite do include the whole time of his reign which be to be  observe a Writ of right breve de recto as writ of right so call for that the  word in the Writ of right be quoth fine dilation plenum rectum to hold title  of prescription that be at the commonlaw from time whereof the memory of man  run not to the contrary to cause to know it is necessary long time long use  that videlicet who to memory man tale for time be sufficient pro jure any  proof of the contrary for if there be any sufficient proof of record or write  to the contrary albeit it exceed the memory or proper knowledge of any man  live yet be it within the memory of man for memory or knowledge be twofold  first by knowledge by proof as by record or sufficient matter of write second  by his own proper knowledge a record or sufficient matter in write be good  memorial for litter scribe to stay and therefore it be say when we will by any  record or write commit the memory of any thing to posterity it be say  to give up memory and this be the reason that regular a man can prescribe or  allege a custom against a statute because that be matter of record and be the  high proof and matter of record in law but yet a man may prescribe against a  Act of parliament when his prescription or custom in save or preserve by  another Act of parliament there be also a diversity between a Act of  parliament in the negative and in the affirmative for a affirmative Act do not  take away a custom as the statute of will of and Henry do not take away a  custom to devise land as it have be often adjudge moreover there be a  diversitre between statute that be in the negative for if a statute in the  negative be declarative of the ancient law that be in affirmance of the  commonlaw there as well as a man may prescribe or allege a custom against the  commonlaw so a man may do against such a statute for as our author say custom  c private common feature law as the statute of great Charta provide that no  leet shall be hold but twice in the year yet a man may prescribe to hold it  often and at other time for that the statute n be but in affirmance of the  commonlaw so the statute oh of Edward provide that none shall cut down any  tree of his own within a forest without the view of the forester but inasmuch  as this Act be in affirmance of the commonlaw a man may prescribe to cut down  wood within a forest without the view of the forester and so be it adjudge in  Elizabeth in the exchequer by sir Edward sander chief baron and other the  baron of the exchequer as sir John Popham chief justice of the king bench  report to I in the eire of the forest of Pickering before Willoughby  Hungerford and Hanbury justice itinerant there year  Edward I read p a claim  make by Henry de Percy lord of the manor of semor within the say forest the  forester Verderours and Regarders find his claim to be true videlicet quoth  prediction Henry de Percy all he that goes before Himself to hold manor  prediction a tempore quo non extat memory without interruption aliquali  to hold prediction manor come pertinentiis extra regardum forest to have  Woodwardu to bear a bow arrow and praesentandu praesentand de venation so much  c to have in kind of water fowl  n'est de semere forgeas mineras amputarunt  to hand over to sell boscum suum infra manor prediction without look forest  pro will to sew to cause to flee to take in hand vulpes hare Capriolos c as  idem Henry Percy superius proclaim which claim by prescription and find as be  aforesaid the justice doubt only of two point the first forasmuch as the say  manor be within the limit of the forest it shall not only be contra assisam  forest oh for his uvoodward to bear bow and arrow where by law he ought to  bear but a hatchet and no bow nor arrow within the forest but also de easy  to go from to be able in destruction a wild beast c and therefore doubt  whether it may be claim by prescription their second doubt be concern  fugationem deception Capriolorum in kind of water fowl  n'est prediction  eastern quoth be beast hunting forest transgressor ind intimacy  that which divides to make ut pro transgression hunting for that difficulty  the claim be adjourn into the king bench but of the other part of the  prescription no doubt at all be make and the like have be allow in the same  eire as in the case of Thomas lord wake at Lydell and of Gilbert of Acton in  the same eire rot and of other this be prove by the plead note one of the best  argument or proof in law be draw from the right entry or course of plead for  the law it self speak by good plead and therefore Littleton here say it be  prove by the plead c as be plead be Self law viva vox insomuch that such title  of prescription be at the commonlaw c note all the prescription that be limit  from a certain time be by Act of parliament as from the time of Henry the  first which be the first time of limitation set down by any Act of parliament  and so from the reign of Richard the first c but this prescription of time out  of memory of man be as Littleton here say at the commonlaw and limit to no  time also here be employ a maxim of the law videlicet that whatsoever be at  the commonlaw and be not oust or take away by any statute remain still  commonlaw the law of England in divide as have be say before into three part  the commonlaw which be the most general and ancient law of the realm of part  whereof Littleton write statute or act of parliament and particular custom  whereof Littleton also make some mention I say particular for if it be the  general custom of the realm it be part of the commonlaw the commonlaw have no  controller in any part of it but the high court of parliament and if it be not  abrogate or alter by parliament it remain still as Littleton here say the  commonlaw appear in the statute of great Charta and other ancient statute  which for the most part be affirmation of the commonlaw in the original writ  in judicial record and in our book of term and year act of parliament appear  in the roll of parliament and for the most part be in print particular custom  be to be prove