case chastetree foul against dale Hilary term Elizabeth roll or inhabitant can  prescrihe to have a right of common ante post I and Sav Leon godb Owen Goulds    cro James Bl Rep Ant   a Ant   b Ant replevin the defendant make conusance  as bailiff of sir Thomas Hatton the place where be part of the manor of  Henyfield and that the will of Henyfield be a ancient will and that in the say  will hahetur ankle custom et a tempore quo c hahebatur c quod quilihet  inhabitant in to some place antiquity messuagio within the say will shall have  common in the say waste for all his hest levant el couchant within the say  will and that he be a inhabitant c and issue be join upon this prescription  and find for the plaintiff and it be move in arrest of judgement that it be a  void and ill prescription for every inhabitant to prescrihe c and therefore  the bar be ill and the issue be join upon a ill bar the plaintiff be not to  have any judgement Yelverton move for the plaintiff to have judgement croak  Elizabeth for it be plead by way of custom and usage and it be not a  prescription which may he well enough for common may he as well by reason of  inhabitancy as otherwise and Henry pl common may well he appendant to a house  so it be Henry pl Edward pl it be say there be not any difference betwixt  common appendant and common by reason of inhabitancy so as it be there admit  that there may he common in respect of inhabitancy it have be object that  inhabitant be not person able to prescrihe but it be thereto answer that it be  not here allege to he in the person but to he the usage of the village vide  Henry Henry prior of Dunstables case Edward pl Edward pl Edward pl Edward pl  and second Mariee Prmcriptio bro inhabitant can prescrihe but a custom may he  allege that inhabitant may have common wherefore c Anderson it have be adjudge  late in this court that it be a void and idle prescription and I can show the  roll thereof and there be not any colour against it for a inhabitant can have  common if he have not a interest nor estate therein and this be not show in  such a prescription wherefore it be not a good prescription also if he he oust  thereof he have not any remedy nor action for it but the lord who be the owner  thereof and therefore the interest shall not he take from the lord and the  lord and the inhabitant can both have interest therein Walmsley such a  prescription can begin at this day and therefore continuance can make it good  for a grant of common inhabitant can be good because they be not any  corporation and by prescription it can be good for it be in nature of a  purchase and a inhabitant can purchase to himself and his successor Heaumond  this be not any of the four commons videlicet appendant appurtenant in gross  or vicinage wherefore it be no good common Owen accord for they be not any  corporation to prescrihe but a freeholder may allege that he be seize and that  he and all those c have have common and croak Elizabeth er p that be a good  prescription but all the justice hold that usage may he allege by reason of a  inhabitancy to have a easement but not to have inheritance Anderson it be the  common course throughout England and it be absurd and standing against in  interposing that the common shall he in the inhabitant for it shall he  mischievous to take it by a prescription from the owner of the soil and it be  not possible that shall be good by usage which can have a lawful continuance  and custom and prescription be all all things wherefore e say adjournatur