case smith against hillier and clerk Trinity term Elizabeth roll plead ante    light b post   light b post   b false imprisonment in Middlesex the defendant  plead that Lynn be a ancient village and that in it usual be a tempore quo c  to choose a mayor every year and that the mayor for all the time c be cuslos  gaolce there and show that a plaint be enter in the court there against the  plaintiff for which he be commit by the mayor to the gaol there without hoc  that they be guilty of the imprisonment enter Middlesex upon which the  plaintiff demurrer croak Elizabeth Tanfield for the plaintiff the bar be not  good first because the prescription be that for all the time e the mayor have  been keeper of the gaol which be no good plead of the custom for he ought to  say usual be c second the mayor can commit one to himself for there oug t to  he one to commit and another to receive and not to he both one person three he  do not prescrihe to have a gaol there nor show not there be a gaol there and  it may he that he may make his gaol where he please and then the plea shall he  undertaking custodicu majoris and not to the gaol or the prescription shall he  that the mayor c be custos of all prisoner and not custos gaolo fourthly he  traverse without hoc that he be guilty in Middlesex which be not good for he  can traverse the place but general for the defendant can straiten the  plaintiff to a place five the def endant j burn fying hetween the that day of  Septemher and the that of Octoher at which day he be remove by haheas military  engine and show that the that day of Septemher hellier be choose mayor but do  not answer to the time of the day of that Septemher before which he be choose  mayor for it may be he imprison he the same day before he be choose mayor  which be not answer coke for the defendant the bar be good notwithstanding the  exception Firsti it be once allege that usual be to choose a mayor c then  usual shall he refer to every part of the prescription and need not reiterate  it to every part second the course of all corporation be that the mayor which  be the judge be gaoler also so the sheriff of London they have a court in the  guildhall and be officer and gaoler to it three he need not prescrihe in the  gaol for it be incident to a court to have a gaol as a court of piepowder to a  fair also a gaol be not in a place certain but go with the person of the  gaoler to the four the traverse be good for if he traverse general the  justification in a place certain shall he waive which be material as this case  be and shall not he enforce to it where it be local and in covet case it be  adjudge in false imprisonment he justify as constable in Sussex without hoc  that he be guilty in Middlesex and award good so in Lovel S case in trespass  for take his horse in Cambridge he justify for damagefeasant in Essex without  hoc that he be guilty in Cambridge and it be good by award to the five upon  which it be much rely he answer that it shall he intend a justification for  the whole day for there shall he no division of a day and if he imprison he  before he be mayor the plaintiff must show it for prim fancy it shall he  intend to go to the whole day Edward pl Edward croak Elizabeth er p and of the  same opinion be the court in omnibus and it be adjudge for the defendant