case heady against wheelhouse Trinity term Elizabeth roll SC cro Elizabeth see  duke of Northumherland v Houghton lr ex Havor of Penryn v Hest ex d mayor of  Sallash v goodman c p d Q b d App Cas duke of Newcastle v Warksop Urban  Council Ch toll be not incident to a fair or market and can only exist by  special grant from the king or by prescription and if the toll he unreasonable  the grant will he void Inst Leon Lut Inst more roll p m ch ante strange Wilson  Cowp trespass for the take of a cow the defendant justify because the town of  Northampton be a ancient town and that king Henry the seven in the eleven year  of his reip grant to the mayor and burgess of Northampton unamferiam annuatin  to he hold upon the Feast of saint Hugh cum omnibus lihertatibus et liheris  eonsuetudinibus ad hujusmodiferiam S pecta well pertinent and show that at  such a fair there hold I S sell that cow to the plaintiff whereupon he demand  a penny for toll and because the defendant refuse to pay that penny for toll  he distrain a that cow as bailiff for the nonpayment the plaintiff thereupon  demurrer in law and the sole question be whether by this grant there he any  toll to he demand for if it be due it be agree on both side that a distress  may he take for it and that the defendant as bailiff and one of the  corporation may well distrain for it it be argue for the plaintiff that toll  be not demandable unless by grant from the king or by prescription and it can  be here by prescription because it be a a ante under the name marsh case b  vide post s c a ld raym Bl Com croak Elizabeth er p fair new create b nor by  grant for there be not any word of grant of toll and it be not any liberty or  custom of common right appertain to a fair and therefore it pass not by the  general word cum omnibus lihertatibus  and c it be argue for the defendant  that toll isa thing of common right due for the entry of thing sell in lair or  market and for the hetter know of the thing sell and into who property they he  pass and therefore by the grant of a fair cum lihertatibus ad feriampertinent  c it well may pass and of common right a penny shall he pay for such unless  croak Elizabeth in place where nothing or a great sum be by prescription to be  pay vide Henry pl and edward pl Popham toll be not a thing of necessity nor  incident to a fair for there be many place whereno toll be ard if toll have be  use to be pay no doubt but that by grant of a fair it have well pass without  the word cum pertifnentiis c and questionless also the Kingmaygrant a fairi  and that toll shall the pay although it he a charge upon the subject because  his subject videlicet the iveiidees have benefit and by such fair but the king  can appoint a burdensome toll d but it ought to be a petit sum as a penny or  two penny which be he small coin or of lesser I but not of any great value to  charge the subject but without grant or prescription toll be not of common  right to he demand Clench incline to that opinion but he cause the other  justice be absent adjournatur