case parker against COMBLEFORD I Trinity term Elizabeth roll see mayor c of  London v Cox lr h l a custom to pay a heriot upon the death of every stranger  who die within the manor be not good Edward b Edward Kel a more dyer a I Ro ab  Cowp dougl   a trespass for the take of a horse the defendant justify as lord  of the manor of d by reason of a custom there that the lord of the say manor  have use from time whereof c to have after the death of every one die within  his manor the hest hest of such a person so die in name of a heriot which be  find within the manor and to seize and retain they as his proper good and  allege that the testator of the plaintiff die within his manor possess of that  horse and therefore he seize they and it be hereupon demurrer and after  argument at the bar resolve by Anderson Glanville and Kingsmil for the  plaintiff that this custom be not good to bind a stranger for conmetudo be ex  certainly cause rational c and if it he not ground upon such a reasonable  cause it be void and here to have the hest hest of any one who die within his  manor can have a lawful or reasonable beginning betwixt the lord and a  stranger but betwixt the lord and his tenant it be good for it may be intend  to begin with their tenor by their agreement and by reason thereof they have  their land upon reasonable fine but hetween lord and stranger it can he or he  intend upon what cause or when it shall begin but it be mere by extortion and  therefore like to the case Henry pl and Henry pl be the lord prescrihes to  have of every stranger who break his pound and rule to he void but to bind his  tenant only and so be the reason of the case in doctor and student where a  lord prescrihes to have any purse lose within his manor it be void but the  case in Henry prescription to have the hest of any stranger which be Iving  upon his land all the day to fold upon his land in the croak Elizabeth night  be good haec we the stranger have a quid pro quo so the case of Richard pl  custom for swan that tl e owner of the land shall have a groundbird be good  for the ease which they have to make their nest there so here it be not ground  upon any reasonable cause nor have the stranger any recompense wherefore c but  Walnisley contra for it be a custom and use from time whereof c it ought to be  maintain if by any wit or cause to he imagine it may be intend to have any  lawful beginning for it be a custom which have be allow and use in many place  and it man he upon this reason for that he have his residency within the manor  at the time of his death and have the help and comfort of the lord tenant in  his sickness and after his death have their attendance to the funeral and  therefore for the time which the lord lose in the service of his tenant as  also for that he have a place to rest his bone therefore it be reasonable and  like to the case of swan and a mortuary allow by custom for they be not due of  common right and he have a quid pro quo by his residency within the manor at  the time of his deAh wherefore c Glanville if this he a general custom which  go to the whole county it may he so intend and peradventure will he  maintainable but not as a private custom croak Elizabeth er p within the manor  wherefore notwithstanding by the assent of Walmsley it be adjudge for the  plaintiff and in Trinity term Elizabeth roll in the queen bench error be bring  of this ifidgment and the error assign in point of law and the judgement be  affinned