clxxviii chamberlain and thorps case recognizance in London by custom in debt  upon a recognizance acknowledge in London the plaintiff declare that London be  ancient community and that they have use time out of mind c that the mayor  take recognizance of any person be of full age and not a feme covert every day  in the year except Sunday holiday counsel day and day of quarter session and  gaoldelivery and declare further how that the defendant such a day do  acknowledge a recognizance to he c Tanfield the declaration be not good but  the custom as it be lie be unreasonable Leonard f or thereby the mayor may  take recognizance of idiot man of non sound memory c nor be it restrain to any  person or to any matter but be too general and therefore can be a good custom  gawdy the declaration be good notwithstanding the exception for want of  averment for that ought to come in on the other side and as to the custom I  conceive it be not good for it be hard that they shall take recognizance of  all person and for all cause which rise out of the city and through the whole  realm as well as within the city also none shall take a recognizance but a  judge of record and a recognizance can be take by prescription as to the first  exception Wray agree with gawdy and as to the custom he hold the same to be  good for it have be always allow Leonard er p and their custom be confirm by  Act of parliament which make they good but if the custom be not confirm by  parliament it be not good also it be not a unreasonable custom for it be for  the benefit of the subject to have security for their debt coke the  recognizance make the debt local and therefore Richard bar debt be bring in  London upon a recognizance acknowledge in the chancery at Westminster and the  writ be abate for the recognizance make it local there and by he the custom  stand with reason the mayor be such a person who may take a recognizance for  he be a judge of record see h and Br recognizance and the recognisee can have  a action of debt upon this recognizance elsewhere than in London for it be not  a debt out of the jurisdiction of the court for the recognizance have make it  local Wray if the recognisor be within age the same shall come in of the other  side and the plaintiff needs not show the same in his declaration cook it be  agree betwixt mab and freud that such a recognizance be good Tanfield the say  recognizance be take for orphan good which be a thing within their  jurisdiction Clench they of London can take recognizance of more than they can  hold plea of it Wray they have use of long time to take recognizance and their  custom be confirm by parliament and a more strange custom than this have be  allow of here before sure that a feme covert shall sue a action alone without  her husband for she be a sole merchant also they do certify recognizance over  as far as gawdy a feme covert may have a action within the city but not here  cro hill Elizabeth rot in the king bench