ccxcix the lord Cobham and browns case the case between the Lord Cobham and  brown be that the abbot of grace be seize of the manor of Gravesend in the  county of ken which manor do extend to the parish of Gravesend and Milton and  that the say abbot and all his predecessor c time out of mind c have have a  watercourt within the say manor Leonard er p which court have be hold at  Gravesend bridge in the end of it and that all the inhabitant within the say  parish which have boat either entire or joint with other and have use to  transport or carry passenger from Gravesend to London e contra and have use to  fasten their boat at the say bridge of Gravesend have use to do suit at the  say court and there have use to inquire of all misorders and misdemeanour of  waterman there and that the say abbot c have use to have the fine and  amercement of the same court and convey the say manor to the plaintiff and  that at a court there hold the defendant be swear with the residue of the  inquest to inquire of such disorder refuse to give his verdict for which for  the say contempt the defendant by the then steward be amerce twenty shilling  for the which amercement the plaintiff bring a action of debt it be move by  beaumount sergeant that the action do not lie for the prescription upon which  the action be ground be not good first he claim to have this court within his  manor and as a thing appertain to it and yet be claim suit at his court of all  the inhabitant of the say two parish and to have they suitor at it be mere  stranger to the manor which do not hold of it for although it be allege that  the say manor do extend Leonard in the say parish yet the same do not prove  that every part of the say parish be within the say manor and if it be not so  the prescription may extend as well to all the county of ken as well as to the  say two parish for such a prescription can bind but those which be tenant of  the say manor and can extend to stranger which see h the case of poundbreach  second it be not allege here that the steward ought and have use to assess  amercement for by the commonlaw no steward have authority to assess amercement  or fine in a court baron for there the suitor be judge and not the steward and  that this watercourt be a court baron it appear by the declaration for there  it be say that it be a court belong to such a manor and that prima fancy shall  be mean a court baron if the contrary be not show way Fitzherbert g three it  be not show that the amercement be affered which see ib Harris sergeant to the  contrary this court upon the whole matter be in nature of a leet for the  reformation of misorders between the waterman and the prescription here will  warrant such a court well enough and there be many court in England which be  not court baron but ground upon prescription e the court before the chancellor  of Oxford prescription to have Swanmote and it be reason that this  prescription shall hold place for here be quid pro quo for waterman receive  their carriage and load at this bridge and also discharge their load there and  they use to fasten their boat there and therefore in lieu of that benefit it  be reason that they be attendant at the court which be upon the say bridge and  upon that reason be the prescription of toll traverse h and to have a land  bird r and toll of every vessel which passes the river h and this court may be  a court within the manor and yet no court baron but in the nature of a leet  and the prescription shall be good in law by reason of the recompense to the  suitor and then if it be not a court baron but rather in the nature of a leet  then it follow that the suitor be not judge but the steward and it behoof not  to prescribe for the amercement for that be incident to a court leet for  otherwise how can the suitor be compel to do their suit at it or their default  or contempt at the same be punish and as to the affering of the amercement it  needs not here for it be a fine for the open contempt and despite do unto the  court and not a amercement and it may well be assess by the steward alone way  h Br leet drill sergeant to the contrary for this prescription be not  reasonable to drive stranger to do suit at a court baron for there be  sufficient consideration in the case of tenant of the manor for it may be at  the beginning the tenancies be give upon such consideration to do such suit  but in the principal case the prescription be their ground and therefore  unreasonable because without consideration e see the case there and h a custom  allege that if any tenant distrain the beast of another damage pheasant that  he ought to bring such beast to the pound of the lord of the manor and if not  that at the next court he shall be amerce twelve penny and the same be hold no  good custom because against common right and commonlaw puckering sergeant if  this court shall be repute in law a court baron then the prescription for the  manner of it be not good for in such case the amercement can be assess by the  Leonard er p steward but be hold that this court be in the nature of a court  leet and not a court baron and all inhabitant within the precinct of it be  bind to do their suit at it by reason of their reliance their trade there if  they have boat or share in boat and such court be for the better government of  such waterman and the exercise and practice of their trade and for the redress  of misdemeanour betwixt they and so this court have a reasonable commencement  be Leonard institute for the public good and if custom which concern the  private benefit of any be Allowable as the mayor and burgess of a town  prescribe to have of every tun which come in any ship into their port and put  upon the land d for toll gee h a strong a custom or prescription which concern  the public good be good it be not strange that such court have be maintain by  prescription for the court of Stanneris be so without any commencement or  erection but by custom and although that toll can be pay at any market for  thing bring to market but for thing sell yet by custom toll shall be pay for  every thing bring to market and for the stand of the seller there for the sale  of victual be for the good of the common wealth which thing be the ground of  the prescription in the principal case therefore the prescription in the  manner of it be good and if the prescription be good for the court then to  have a steward to keep the court to assess fine for contempt and disorder be  good without any special prescription for it be incident to it Periarn justice  if it be a court baron then can the steward impose or assess any fine which  Windham grant but he say it be not a court baron but a court by prescription  periam if the plaintiff claim it as belong to his manor it shall be intend a  court baron but yet a man may have a court within his manor by prescription  which be not a court baron Anderson be of opinion that it be not a court baron  for although it be appertain to the manor yet that be not any proof that it be  a court baron for a leet may be appertain to a manor it be adjourn mich  Elizabeth in common banc