case dowglass against kendal Michaelmas term James roll if a man claim all  thorn grow on such a place he may take they though cut by another SC more SC  Yelv   light a Brownl cro Elizabeth bull sand sand Mod Mod Bac ab burr dougl  trespass for take and carry away thirty load of thorn of the plaintiff by he  cut down and lie upon his land at Chippingwarden in a place call the common  waste the defendant justify because the place where c be a acre and that he be  seize in fee of a message and three acre of land in Chippingwarden aforesaid  and that he and all who estate it be c have use from time to time to cut down  and take all men thornbush trescentes upon the say place to expend in the say  house or about the say land as pertain to the say house and land and so  justify c the plaintiff show that sir Richard Saltington be seize in fee of  the manor of Chippingwarden whereof the place where c be parcel and grant  licence to he to take the thorn whereupon he cut they down and the defendant  afterward take they upon this plea it be demurrer and after argument at the  bar adjudge for the defendant for as this case be the lord may not cut down  any thorn nor licence any other to cut they down for the defendant prescribe  to have all the thorn grow upon that place and this prescription exclude the  lord to take any thorn there but if he have claim common of estovers only then  if the lord have first cut down the thorn the commoner croak throw may not  take they and if he have cut down all the thorn the commoner may have have a  assize but here he prescribe to have all which be admit by the replication and  be well enough and so have be resolve in one Kenticks case a that one may  prescribe to have the sole pasturage in such a place from such a time to such  a time against the owner of the soil who shall not meddle therewith during  that time it be also hold although he do not prescribe that it be a ancient  house to which c yet it be good enough and so be the usual prescription for  common and shall be so intend wherefore it be adjudge for the defendant see  Geo c a ante croak James er p