case Boraston against hay Trinity term Elizabeth roll a custom that a wife  shall have all her husband copyhold land in fee as her freehench for life in  preference to his child be good but it must he find precise as it be plead  ante post more   Li t f n b bro cust cro James Mod Carth salk Cowp trespass  the defendant plead that the land be copyhold land parcel of the manor of  abbersley in the county of Worcester and that the custom there be that if a  copyholder in fee have a wife at the time of his death and two son or more  that the wife shall have that land during her life as a freebank and that if  the old son die live the wife although he have issue his issue shall not have  it but the second son and show that Rohert Boraston grandfather to the  plaintil be a copyholder of that manor and die before his wife have issue the  plaintiff father and one John Boraston his second son that the wife hold  herself in her freebank and that the old son die live the wife and that  afterward John Boraston the young son be admit and surrender to the defendant  use c and issue be take upon this prescription and the jury find the custom as  before and that the young a it be move again and adjudge for the plaintiff  post croak Elizabeth er p son shall have it unless the old son be admit  thereto as to the reversion or make fine for it with the lord in his lifetime  although super totan maleriam c the court shall adjudge the defendant guilty  they find the defendant guilty if otherwise not guilty upon this verdict it be  move by Tanfield that it be find for the plaintiff for the custom be not find  in that manner as he plead it and therefore it be find against he who plead it  for he plead a general custom without exception and the custom find be with a  exception and special and of that opinion be all the justice that the custom  find be not the custom put in issue wherefore it be find against the defendant  as the case in Elizabeth dyer where e a custom be plead that a feme shall have  it during her life and it be find that she shall have it durante v iduitate  only afterward Popham croak Elizabeth say it be a common case that if there he  a prescription to have common for all his hest and it be find that he ought to  have common for all his hest levant couebant it be find against he who plead  it venner be of opinion to give judgement present for the plaintiff but it be  then move that here be not any verdict find upon this issue for they conclude  their verdict si c they find the defendant guilty if otherwise do guilty c and  so there be not any conclusion of the point in issue and of that opinion be  all the justice upon view of the record and that for this cause it be  insufficient and a gross fault whereupon a venire facias de to make new be  award