baines case burglary in which case shop in London be market overt and what not  at the session hold at Newgate present after this term the case be this one  baines with another come in the night time to a tavern in London to drink and  after they have drink the say baines steal a cup in which they drink in a  chamber of the same house the owner of the say house his wife and servant then  be also in the house and the cup be the owner of the say tavern whereupon he  be indict and commit and this matter appear in the indictment and agree by  Popham Anderson and periam with the recorder and sergeant at law then be there  that this be not burglary and yet it be such a robbery whereby he be oust of  the benefit of his clergy by the statute of e cap and be bang and at the  session then next ensue then hold upon one who have steal a silver basin and  ewer of the then bishop of Worcester and sale make open in the day in a  scrivener shop in London to a stranger the question be demand of the court  whether the property be change by this sale so that the bishop shall not have  his plate again because it be allege that they prescribe that every one of  their shop in London be good market overt through all London every day in the  week but Sunday but agree by Popham Egerton Anderson Brian and other skilful  in the law then be there that such a general custom be not good and that this  sale make there albeit it be open in the shop so that every one pass by may  see it shall not bind the property as it shall do in market overt for a  scrivener and cutler shop or the like be not proper for the sale of plate nor  a place to which man will go to seek for such a thing lose or steal but a  goldsmith shop be the proper shop for it as the draper shop be for woollen  cloth or the mercer shop for silk and the like and to such man will go to seek  for thing of the like nature that be lose or steal and not to a scrivener shop  or the like and they agree also that a private sale make in the shop which be  proper to the nature of the thing sell so that the passer by can in reason see  it in their passage can bind for reason upon which the law be find will not  admit any such custom Popham er p Popham hill Elizabeth in the king bench