burton plaintiff against palmer defendant enter Trin James b r rot in a writ  of error to reverse a judgement give in the c b in a action of covenant there  bring by palmer against Burton his master have be his apprentice for turn of  he out of his service within his term and in his declaration set forth the  custom of London for take of apprentice by every citizen and freeman of London  and thatBurton be a freeman of London do Bulstrode take he to be his  apprentice and that he be bind unto he accord and that be turn he out of his  service contrary to his covenant unde action the defendant in bar plead that  he depart Willing and of his own free will and return not again to he and take  a traverse without hoc that he turn he away prout c hereupon issue be join and  verdict and judgement for the plaintiff for the reverse of which judgement a  writ of error be bring and for error it be allege that the declaration be not  good but altogether insufficient this case be first argue term pasch two James  b r and urge for the plaintiff in the writ of error that the declaration be  ground upon the custom of London which custom extend it self only to the city  of London and not elsewhere and here it appear that the retainer be lie to be  at Newark upon Trent and the turn away out of his service it appear by e fol  of that a infant can bind himself a apprentice by the commonlaw but by the  custom of London a infant within the age of year may bind himself a apprentice  by indenture here the declaration be that he be year of age and within year  this custom as it be observe be for increase of trade and of the company  within the city there and therefore this shall not be extend out of thecity  and by h fol and e fol b the custom of London shall not be in force out of the  city and there Littleton put the difference where a custom shall bind and be  allow in all court and where only in the court of the ville or city where this  be allege a custom and usage shall bind and be allow in all court where the  custom and usage do arise of land or usage of the country as that of  gravelkind land which thither be partible and so of borough English land the  young son to inherit and where the wife shall have the moiety of the land and  the infant to have their portion out of the good of the dead by custom as it  be in Devonshire they shall maintain action in this court by their custom and  usage and in every court which have power to hold plea otherwise it be of  custom which take effect in the court where the custom be use and there  beorins to be in force these be notallowable but within such a court city or  borough where they be use as in London the custom be that in debt upon a  contract if the alderman of the city will record this the defendant in a  action against he shall be oust of his leygager and this be a good custom and  Allowable in the court there but if the party will bring his action here the  defendant shall have his leygager although the alderman come here and record  the contract also by the custom of London a action of debt be maintainable  against executor upon a simple contract without any specialty but it be not so  here and yet the recovery there shall be good and effectual to be allege in  all court and yet the action be not maintainable here by the custom and so by  this appear that the custom only extend it self within the city by Elizabeth  dyer fol plea a foreigner as well as a freeman may devise his feesimple land  in London to another in fee by the custom in mortmain without a licence from  the king here in this case the action be ground upon a custom within the city  of London but not out of it the custom as it be here express be too general  and so not good it be here lie that it be lawful to take any person whatsoever  whereas it ought to be a freemans son such be as fit for presence to take they  for any number of year this be not good for so he may be a apprentice for year  and the law in this will be unreasonable hill Elizabeth b r rot Billingley or  Kinnersley against coke in a action upon the case for word for say that the  other be perjure there the custom be allege to be that where any person  Bulstrode er p or person whatsoever whoever which shall be there examine  before c this custom be there question as be too general for that by such a  custom a infant may be so there examine c which be not to be suffer and  therefore the custom not good and so rule and so be the custom allege here in  this Bulstrode case any person or person and so not good be too general  another exception to the declaration the custom be here lie to be that a  citizen and freeman may retain apprentice and it be not here show in the  declaration that he be a citizen but only a freeman and so not good in  Assisarum plea and e fol it be declare who shall be say to be a citizen and  who not here it be show that he be a freeman but not a citizen whereas he  shall have show that he have be both the one and the other and so be it coke  pars fol in the commonal that of saddler case otherwise by the custom they be  not enable to take apprentice it be urge for the defendant that the  declaration be good as to the first exception that the custom be unreasonable  this be not so the custom be lie to be to take for any number of year if not  less than if for more year then the party shall be bind bV his own contract if  above year as to the second exception Le custom here allege be but as a  inducement to the action the action be ground upon the indenture but if the  action have be ground upon the custom there he ought to have pursue the same  strict precise here he be not restrain but that he may talce apprentice at any  place as well as at London at Islington or at any other place he may take a  apprentice and this take be well warrant by the custom as to the three  exception because he do not show that he be a freeman and a citizen this be  full show for it be show that he keep a shop in London a habberdasbers shop  there which can be if he be not a freeman and citizen there he set forth that  he be libre a human being but do not say fellow citizen and so the declaration  be good and sufficient Fleming chief justice the great fault that I perceive  in this be the jury give of entire damage Haughton justice if the custom will  enable the party to a action this ought to be reasonable Fleming chief justice  he ought to be fellow citizen libre a human being he be only say here to be  libre a human being this be the great point and most material the number of  year be not so material for be may be bind by his own contract dodderidge  justice he may be libre a human being non fellow citizen his be a citizen make  he subject both to scot and lot he ought therefore to have lie he to be fellow  citizen and libre a human being so that this be a material exception and so  without any further opinion at this time deliver this case be adjourn to  another time for the court further to consider of it afterward term Hillar  James b r the court be move again in this case the exception to the  declaration ground upon the custom which be that every citizen and freeman of  London may take apprentice it be here say that he be a freeman of the city of  London but not a citizen against this it be urge that be lie to be a freeman  of London this do imply so much that he be a citizen coke chief justice in the  case in the exchequer it tas agree who shall be say to be a citizen there he  be only inhabitant of same house and so not taxable to scot and lot h the case  of Bristol a merchant of London dwell at Bristol he be no citizen of London as  to the custom a man may be a freeman of London by three way by service as to  be a apprentice and afterward to be make free have serve out his time and this  be the best kind of freedom by redemption fine or ransom pay for his freedom  and by birth as a freeman son be free he ought to be fellow citizen a  community dodderidge justice the custom be that every citizen and freeman  libre a human being community the custom here be lie right but not well pursue  the freedom by birth here shall not aid it for the father may be free and yet  dwell in a foreign place the court be all clear of opinion that the  declaration be not good and so the judgement give in the c b be erroneous and  not well give and therefore by the rule of the court the judgement be reverse  notam by Haughton justice that in a action of debt for corn sell non  indebitatus be no good plea for the defendant neither can any precedent be  show to warrant such a plea the court agree with he herein and man secondary  there be no such precedent to be show to warrant such a plea Bulstrode er p