case daniel against count de hertford Trinity term car roll queen if in  trespass a justification that the prior of d be seize in fee of the pasturage  in the place where for all his sheep levant et couchant at all time of the  year be good without show either a grant or prescription   light   Mod Bac ab  error of a judgement in the common plea in trespass for depasture his close  with sheep the defendant justify because the prior of d be seize in fee of  such a great close in d and be seize in fee of the pasturage in the place  aforesaid for all his sheep levant et couchant in the say great close at all  time of the year the plaintiff thereupon demurrer and it be there adjudge for  the defendant Maynard for the plaintiff in the writ of error now assign for  error the point of the judgement first because the defendant entitle the prior  neither by prescription nor and this be a profit a prendre in another solon  none can entitle himself by the course of the commonlaw thereunto without  grant or prescription and this pasturage a vide Ann c S croak car er p claim  be but as common in its nature second that this plea be not aid by the statute  of Henry c for that give nothing to the king but what the prior lawful have  and therefore it ought to be show how the prior be entitle thereto roll for  the defendant in the writ of error say that the plea be good and be so adjudge  upon demurrer in the common plea and that it be a good plea although it be  plead at the commonlaw before the statute for this pasturage claim for sheep  levant et couchant upon the defendant land be common appendant and can be  sever from the soil by grant and then to make prescription thereto be not good  as it be Henry pl and Edward and if it be not good at the commonlaw yet the  statute aid it by plead that the prior be seize thereof in fee at the day of  the dissolution otherwise it will be very mischievous the prior and other  religious person at the time of their dissolution seek to deface and suppress  all their deed and to conceal croak car their land and estate which they then  hold and therefore such general averment have be allow as it be hold in the  case of the archbishop of Canterbury a and in the case of the abbot of Strata  Marcelia b the court incline to that opinion but because it be depend upon  demurrer in the common plea they will not hasty proceed wherefore day be give  until the next term