always be laid in him that is tenant of the fee. A tenant for life, for years, at will, or a copyholder, cannot preſcribe, by reaſon of the imbecillity of their eſtates[1]. For, as preſcription is uſage beyond time of memory, it is abſurd that they ſhould pretend to preſcribe, whoſe eſtates commenced within the remembrance of man. And therefore the copyholder muſt preſcribe under cover of his lord's eſtate, and the tenant for life under cover of the tenant in fee-ſimple. As, if tenant for life of a manor would preſcribe for a right of common as appurtenant to the ſame, he muſt preſcribe under cover of the tenant in fee-ſimple; and muſt plead, that John Stiles and his anceſtors had immemorially uſed to have this right of common, appurtenant to the ſaid manor, and that John Stiles demiſed the ſaid manor, with it's appurtenances, to him the ſaid tenant for life. 3. A preſcription cannot be for a thing which cannot be raiſed by grant. For the law allows preſcription only in ſupply of the loſs of a grant, and therefore every preſcription preſuppoſes a grant to have exiſted. Thus a lord of a manor cannot preſcribe to raiſe a tax or toll upon ſtrangers; for, as ſuch claim could never have been good by any grant, it ſhall not be good by preſcription[2]. 4. A fourth rule is, that what is to ariſe by matter of record cannot be preſcribed for, but muſt be claimed by grant, entered on record; ſuch as, for inſtance, the royal franchiſes of deodands, felons' goods, and the like. Theſe, not being forfeited till the matter on which they ariſe is found by the inquiſition of a jury, and ſo made a matter of record, the forfeiture itſelf cannot be claimed by any inferior title. But the franchiſes of treafure-trove, waifs, eſtrays, and the like, may be claimed by preſcription; for they ariſe from private contingencies, and not from any matter of record[3]. 5. Among things incorporeal, which may be claimed by preſcription, a diſtinction muſt be made with regard to the manner of preſcribing; that is, whether a man ſhall preſcribe in a que eſtate, or in himſelf and his anceſtors. For, if a man preſcribes in a que eſtate, (that is, in himſelf and thoſe whoſe eſtate he holds) nothing is claim-
