case smith against Gatewood Trinity term James roll inhabitant unless they be  incorporate can prescribe to have profit in another soil but only in matter of  casement post   cro car Jones godb cro Elizabeth show show lev hob lev salk  Com dig ld raym will to Rep trespass in a place call Horsington Holms the  defendant justify for that Stixwold be a ancient will adjoin to the place  where c and that within the say will be and time whereof c have be such a  custom that every inhabitant within any ancient message within the say will by  reason of his commorancy therein have have common in the place where for all  his great beast at all time of the year c and so justify as a inhabitant and  it be thereupon demurrer whether such a prescription and usage in a will for  the inhabitant for common and matter of profit be good after argument at bar  and bench it be resolve that it be not good for inhabitant unless they be  incorporate can prescribe to have profit in another soil but only in matter of  easement as in a way or causey to church or such like so in matter of  discharge as to be discharge of toll or of tithe or in modus kill or the like  but to have interest it can not be for that ought to be by person enable who  be always to have continuance for if there shall be such prescription then if  any of the inhabitant depart from their ancient house and the house continue  empty the inheritance of the common shall be suspend which can be nor can such  a common be release for if one inhabitant shall release another which succeed  he may claim it which be against the rule of law that a inheritance in a  profit shall not be discharge and by such prescription a maid servant or child  croak James er p who reside in the house be say to be a inhabitant and to have  the benefit of the common which will be inconvenient wherefore they all  resolve that such a custom allege by way of usage not otherwise be not good  and adjudge it for the plaintiff it be say to be so resolve in Trinity term  Elizabeth roll Laurence v hull and coke cite that in Henry in spelman report  it be adjudge accord in this court vide Edward pl Edward pl Edward pl Edward  pl Henry pl Henry pl croak throw easter term James in the king bench sir John  Popham Knt chief justice sir Edward Fenner Knt sir Christopher Yelverton Knt  sir David William Knt sir Laurence Tanfield Knt justice sir Henry Hobart Knt  attorney general sir John Doderidge Knt solicitor general