case the king against clerk the custom of London to commit a freeman who  refuse to take up his livery be good ante S c comb S c Mod S c salk S c salk  habeas corpus to the keeper of Newgate to bring up the body of I clerk commit  for not take upon modern report himself the livery of the vintner company the  keeper of Newgate return that the city of London be a ancient city and that  time out of mind there have be several company guild and fraternity within the  city among the rest the company of vintner and that they have time out of mind  use to choose out of the freeman certain person who be to take upon they the  livery of the say company and that there have be time out of mind a court hold  before the mayor and alderman of that city which court have the government of  all company and that upon complaint make before they by the master and warden  of any company of any person duly choose on the livery that do refuse c that  the court of alderman use to commit such person so refuse to the sheriff or  some other officer of the city until what time consentirit et to disclose that  he will take upon himself the say office or otherwise be discharge by due  course of modern report er p law that clerk be duly choose a liveryman c and  that the court of alderman by a warrant in write do commit he to I the say  keeper of Newgate until what time c per tolan curian the custom be good but  because it do not appear on the return that the keeper of Newgate be a officer  of the city to which the commitment must be accord to the custom therefore he  be discharge and holt chief justice take this diversity that where it appear  that the person to who the commitment be make be a officer of the court as the  marshal here or the sheriff in case of commitment by justice of oyer and  terminer there needs no averment of such a person to be a proper officer but  here it do not appear that the keeper of Newgate be a proper officer for the  city of London attendant on that court we know the sheriff of London be keeper  of Newgate and that all person in the custody of the keeper of Newgate be in  the custody of the sheriff but we can judicial take notice of it so on the  statute of recusant which forbid a recusant convict to come within five mile  of London which send member to parliament and the commitment be for come  within five mile of London and it not appear that London send member to  parliament on the return the return be ill and the party discharge though  every one know London do send member to parliament