clark S case mich W Mod upon the return of a habeas corpus they set forth the  charter of the city of London c and say that in the say city there be several  company and society and the company of vintner be one of they c and that those  company be under the government of the mayor and alderman and they say also  that if any refuse to take upon they the office of a liveryman of any company  he may be thereof convict and imprison by the mayor and alderman and they say  that clark refuse to take upon he the office of a liveryman of the company of  vintner though he be a citizen and freeman of London and subject to the same  and that therefore the mayor and alderman commit he to the keeper of Newgate  until he shall take upon he the say office there be many exception to this  return and it be insist that a custom to commit a man to prison be a void  custom holt CJ the government of all society and corporation we ought as far  as we can by law to support especial this of the city of London and if the  Lord mayor and alderman shall not have power to punish offender in a summary  way then farewell to the government of the city but the exception which strike  with I most be that it be not set forth that the keeper of Newgate be a  officer of the city and indeed I think that he be not quatenus a city though I  confess he be a officer to the sheriff as be keep the county gaol and it ought  to have appear that he be commit to a officer of the mayor and alderman  afterward the party be discharge holt KB though all the court declare that the  custom be a good custom and be for the advantage of the well government of the  city and therefore they will always support it Tavernor S case be here quote  who be choose a liveryman of the vintner company and refuse to serve whereupon  they assess a fine on he of thirty pound accord to a bylaw and it be hold that  this be not unreasonable and against law for be the fine more or less it will  not make the bylaw void it be only to bind the member of a corporation and  when a man do agree to be of a company he thereby submit to the law thereof  and the court be not oblige to take notice of the extravagancy of the charge  they lie upon themselves for it be convenient to keep up their reputation and  the honour of the city of London to have such power