cclx jeromes case custom justice of peace not by prescription Jerome make a  affray of which complaint be make to the mayor the say mayor send the  defendant be constable to bring the say Jerome to he by virtue of which they  go to the house of the plaintiff and signify to he the command of the mayor  and will have bring the plaintiff to he and the plaintiff wife assault they  and they gentle lie their hand upon the wife which be the say assault battery  and wound c upon which it be demurrer cook for the plaintiff the custom be not  good nor reasonable vide great Charta nullus libre a human being to take in  hand nec imprisonetur c nisi c per of judgment Parium of oneself well per law  terr a ergo shall not be take and imprison upon a bare suggestion vide e Br  commission that where a commission issue to apprehend all who be notorious  suspect for felon and trespassors although they be not indict it be hold  against law and therefore be revoke vide the statute of e cap e e e e to be a  justice of peace do not lie in prescription for no justice of peace be before  the statute of e and the beginning of they be know prescription can be admit  that the mayor be a justice of the peace yet he can determine any thing out of  session the prescription be that the mayor may send for he and do not say  within the city and it shall be a unreasonable prescription to say that  Leonard er p the mayor may send for he for in such case in any place within  England may he send it be not show that they have a corporation which may  prescribe the wound be not answer for calmly injicer manus can be take for a  wound nor for a answer to the battery Fleetwood sergeant and recorder of  London if the statute of great Charta shall be observe no felon be duly handle  at Newgate and here we have not plead by way of prescription but of usage  custom and usage be all one and afterward judgement be give for the plaintiff  for the plea in bar be hold to be Leonard nought because the wound be not  answer and the custom be too general and also for the four exception mich  Elizabeth in the king bench