Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/280

 264 tenant, who is eied of the manor of Dale in fee, alleges that he and his ancetors, or all thoe whoe etate he hath in the aid manor, have ued time out of mind to have common of pature in uch a cloe, this is properly called a precription; for this is a uage annexed to the peron of the owner of this etate. All precription mut be either in a man and his ancetors, or in a man and thoe whoe etate he hath ; which lat is called precribing in a que etate. And formerly a man might, by the common law, have precribed for a right which had been enjoyed by his ancetors or predeceors at any ditance of time, though his or their enjoyment of it had been upended for an indefinite eries of years. But by the tatute of limitations, 32 Hen. VIII. c. 2. it is enacted, that no peron hall make any precription by the eiin or poeion of his ancetor or predeceor, unles uch eiin or poeion hath been within threecore years next before uch precription made.

, as to the everal pecies of things which may, or may not, be precribed for: we may in the firt place, oberve, that nothing but incorporeal hereditaments can be claimed by precription; as a right of way, a common, &c; but that no precription can give a title to lands, and other corporeal ubtances, of which more certain evidence may be had. For no man can be aid to precribe, that he and his ancetors have immemorially ued to hold the catle of Arundel: for this is clearly another ort of title; a title by corporal eiin and inheritance, which is more permanent, and therefore more capable of proof, than that of precription. But, as to a right of way, a common, or the like, a man may be allowed to precribe; for of thee there is no corporal eiin, the enjoyment will be frequently by intervals, and therefore the right to enjoy them can depend on nothing ele but immemorial uage. 2. A precription mut Rh