case davies case the lord of a manor may prescribe for himself and his tenant  and farmer to take fowl in the warren of another but this right can be claim  by custom post   roll Abr Jones Yelv cro James fitzg Mod Mod stram Peer wms  salk Cowp trespass against Davies and Powel for break the plaintiff close and  chase and kill of fowl in his free warren the defendant as to all the trespass  but chase and kill of the fowl plead not guilty and as to that be set forth  that the dean and chapter of Exeter be seize in fee of the manor of Brampton  of which the say warren be parcel and that they and all those who estate they  have c bad liberty for themselves their tenant and farmer to fowl in the say  warren that the dean and chapter do make a lease of parcel of the say manor to  the defendant for one and twenty year reserve a rend c and so they justify as  tenant c they do fowl in the say warren the plaintiff reply de in an unjust  manner svan not common with others upon which they be at issue and there be a  verdict for the defendant modern er p Mr pollexfen move in arrest of judgement  because it be a unreasonable prescription for a interest in every tenant of  the manor to fowl in that warren it have be so rule for a common without say  for his cattle levant et couchant for it must be for a certain number roll Abr  a in this case the prescription be not only in the person of the lord but for  all his farmer and tenant who can prescribe to have a free warren in another  solon e contra it be argue that such a prescription may not be good upon a  demurrer but it be well enough after a verdict term Rep b it be not a  objection to say that this prescription be too large for all tenant as well  freeholder as copyholder to prescribe in the soil of another and so there may  not be enough for the lord himself because this be a profit a prendre in  another solon and for such the tenant of a manor may prescribe by a and estate  exclusive of the lord post Yelv cro James bean v bloom b Rep will Weekley v  wildman ld ray Selby v Robinson term Rep Grimstead v Marlowe term Rep Worledge  v man h Bl Rep notorious facts steel v Houghton I h Bl Rep c and of that  opinion be the court so the defendant have his judgement