burrow plummer versus bentham Saturday that Feb custom of London to be certify  at the bar by the recorder over as far as vidian Brownl Ent Inst Cler Edward  Inst Com the recorder of London sir William Moreton come to the bar and  certify two custom of that city over as far as Mr William move when sir  William Moreton be down at the bar that the recorder of London may return two  writ of certiorari direct to the Lord mayor and alderman of London to certify  two of the custom of their city and then Mr William open the case videlicet  that it be a action of trespass on the case bring by the plaintiff against the  defendant for obstruct his ancient light by a new erection or building which  the defendant have raise against they to which the defendant have by leave  plead two justification both of they under the custom of the city of London  one of they be that there be a ancient custom in the city of London that if  any person have a message or house in the city of London adjoin or contiguous  to another message or house or to the ancient foundation of one in the say  city which former house have ancient light or window front opposite to or over  such other adjoin or contiguous message or house or ancient foundation of one  such other person owner of the latter message or house or ancient foundation  of one may well and lawful exalt such his message or house or rebuild upon the  ancient foundation of such his adjacent or contiguous message or house any new  message or house to any height that he shall please against and opposite to  the say ancient light and window of such firstmentioned neighbour message or  house to which his message or house or ancient foundation of a message or  house be so contiguous or adjoin and thereby darkenand burrow er p obscure  such ancient light and window of such firstmentioned neighbour house have such  ancient light and window unless there have be some write instrument or record  of a agreement or restriction to the contrary burrow on this plea issue be  join and a certiorari issue direct to the mayor and alderman of the city of  London to certify whether they have or have not such a custom the second plea  issue and certiorari be the same with the first only with this difference or  rather extension of the custom plead videlicet that the owner of any erection  or building or the ancient foundation of any erection or building may well and  lawful exalt such erection or building or erect and build thereon a new  erection or building to any height that he please c and so on as in the former  plea only that the former plea confine the claim of the privilege to message  or house which this latter plea extend to all erection or building sir William  Moreton Knt recorder of London accord certify over as far as by command of the  lord mayor and alderman after have recite the plead and certiorari that there  be such a custom as be allege in the former plea but that there be no such  custom as be allege in the latter plea the recorder then deliver in both the  writ of certiorari with write copy of the respective return annex though he  have deliver they over as far as at the bar which he tell I be usual the  return be word as follow videlicet the execution of this writ appear in a  certain certificate by we the mayor and alderman of the say city of London  make by the recorder of the say city at the day and place within contain  accord to the custom of the say city by word of mouth as be within command the  answer of marsh Dickinson Esq the mayor and of the alderman of the say city we  the say mayor and alderman of the say city by sir William Moreton Knt recorder  of the say city by word of mouth of the say recorder accord to the say custom  of the say city do in obedience to the say annex writ humble certify that  there be now have and from the time whereof the memory of man be not to the  contrary there have be have and receive such ancient and laudable custom in  the say city use and approve to wit that if any one have a message or house in  the say city near or contiguous and adjoin to another ancient message or house  or to the ancient foundation of another ancient message or house in the say  city of another person his neighbour burrow there and the window or light of  such message or house be look front or situate towards upon or over or against  the say other ancient message or house or ancient foundation of such other  ancient message or house of such other person his neighbour so be near  adjacent contiguous or adjoin although such message or house and the light and  window thereof be or be ancient yet such other person his neighbour be the  owner of such other message or house or ancient foundation so be near adjacent  or adjoin by and accord to the custom of the say city in the same city for all  the time aforesaid use and approve well and lawful may may and have use at his  will and pleasure his say other message or house so be near adjacent or adjoin  by building to exalt or erect or of new upon the ancient foundation of such  other message or house so be near adjacent or adjoin to build and erect a new  message or house to such height as the say owner shall please against and  opposite to the say light and window near or contiguous to such other message  or house and by mean thereof to obscure and darken such window or light unless  there be or have be some write instrument or record of a agreement or  restriction to the contrary thereof in that behalf the return to the other  writ of certiorari be in the same form and to the very same effect as to the  custom certify by the former and repeat the return to the former certiorari in  as many word very near but it go on further with a see the first case in sir h  calthrops report pretty report and worth read where the question be very like  the present and the determination agreeable to the certificate as to this  first plea see also vin c vin burrow er p negation of the existence of any  such custom as the defendant have allege in his second justification the  additional part be as follow and that in the say city of London there be not  now or ever be any such custom I that if any one bath a message or house in  the say city near or contiguous and adjoin to a erection or building or to the  ancient foundation of a erection or building in the say city of another person  his neighbour there and the window or light of such message or house be look  front or situate towards upon over or against such erection or building or the  ancient foundation of such erection or building of such other person his  neighbour so be near adjacent contiguous or adjoin although such message or  house and the light and window thereof be or be ancient yet such other person  his neighbour be the owner of such erection or building or ancient foundation  of such erection or building so be near adjacent or adjoin by and accord to  the custom of the say city in the same city for all the time aforesaid burrow  use and approve well and lawful may may and bath use at his will and pleasure  his say erection or building so be adjacent or adjoin by building to exalt and  erect or of new upon the ancient foundation of the say erection or building so  be near adjacent or adjoin to build and erect a new erection or building to  such height as the owner shall please against and opposite to the say light  and window of such message or house and by mean thereof to obscure and darken  such window or light the court order the certiorari to be file and the return  record NoteNothing of this kind have actual happen for many year pass not even  since h the six reign in this court though it have in the you of chancery and  a consultation be have in the city concern the sort of gown which it be proper  for the recorder to put on to make this oretenus return in which consultation  it be determine that it ought to be the purple cloth robe face with black  velvet and not his scarlet gown his black silk one nor the common bargown see  viner abridgment title custom of London letter p placita pound concern this  manner of try the custom of London and how to surmise that they ought to be  try thus and not by the country it be vol page notewithout such a surmise they  shall be try by the country as other issue in fact be