case cudden against estwick a bylaw of the city of London inflict a penalty on  any person who shall employ a porter not a freeman of the porter company be  void but a bylaw that none but a freeman shall do porteragework be good S c  salk S c holt upon a habeas corpus from London the return set forth the custom  of London that time out of mind there be a ancient company of free porter in  London and a custom to make bylaw for the better govern of the say company and  in pursuance thereof a Act of common Council inflict such a penalty on any  that shall employ any not free of the say company in porterage work and that  the defendant do c so the doubt be whether such a bylaw inflict a penalty upon  stranger for employ one not free be good for it be agree that a bylaw that  none but a free porter shall do the work will be good with a penalty and in  reference to bylaw in general a difference be take between a private  corporation or company and a great city modern or borough for the former call  only make bylaw to bind their own member and touch matter that concern the  regulation of the trade or other affair of the company but great city and town  as London Bristol York c can make bylaw for the better order and manage such  town and that law will bind stranger to the freedom of the town while within  such town and they be bind to take notice of such law at their peril a and  this diversity be agree to by the court holt chief justice it be true every  foreigner that come to a place be bind to take notice of the law of the place  a bylaw by the mayor and common Council of Exeter that no butcher or other  person shall within the wall of the say city slaughter any beast under pain of  forfeit certain penalty therein specify be good be not in restraint of trade  but only a regulation of it and other inhabitant be bind by it as well as the  member of the corporation pierce v Bartrum Cowp and if a power be grant by  charter to a company exercise a particular trade in a particular place to make  bylaw for the government of all person exercise that trade in that place the  company be enable to make bylaw bind as well on person exercise that trade who  be not member of the company as those who be the butcher company v Morey h Bl  Rep a but here lie the hardship that you lie a penalty upon a man if he do not  take notice whether a porter be free or not free and there be no way for he to  know it and at last it be adjudge that no procedendo shall go and that the  bylaw be void to bind a stranger who can not have a action against they for  not keep a sufficient number of porter nor against the porter for not serve he  and a Act of common Council inflict a penalty for buy from any but a freeman  will be void note in the argument of this case it be say that custom against  reason be void because it deprive the subject of the commonlaw which be his  birthright and the reason by which a custom be support be general these first  because the party bind by it have some benefit by it second that the party who  claim the advantage of it be at some charge by reason of it modern er p three  that it may have a reasonable commencement or suppress fraud and the two first  of these reason hold in the case of tolltraverse and tollthrough see yearbook  Henry pl Prideaux v warren Mod Harprut v will Mod James v Johnston Mod S c Mod  Coulton v smith Cowp Lord Pelham v Pickersgill term Rep b