case Noxon vers lily all in c b a process to take the body in the first  instance if find if not to attach he by his good be a void process and custom  will not make it good this be a action of trespass for take the plaintiff good  the defendant justify by process out of the court of record at Worcester and  comens er p allege that a plaint be levy by the defendant against and that  there be a custom that on comens such plaint a attachment shall issue to take  the defendant if find in the jurisdiction if not find to attach he by his good  to appear disturb that on such plaint by the defendant lily against the say a  attachment issue direct to the other defendant to attach the plaintiff by his  body or good which precept the defendant lily deliver to the other defendant  who be sergeant at mace who take the good in the declaration the plaintiff  demurrer sergeant chapel this process be not good it be a contradiction in  itself for it I to take the body if find if not find to attach he by his good  when shall he do so or when shall he be say not to do so he have till the  return of the precept to take the body and before ought not to take the good  in case a Act of parliament direct the levy a penalty by distress and sale and  if no distress he shall be commit there must be a new warrant for commitment  after it appear that there be no distress second the process issue pursue not  what the custom allege that the process ought to be for it be to attach the  defendant by his body or good c without say if the defendant be not find so it  leaves it to the discretion of the officer to take the body or good at his  election three the take so many good as in the declaration be extraordinary  sergeant Hawkins in case there be a mistake or error in the process that shall  not prejudice the party to the suit nor the officer and here the process be  not by grant but by custom cur there be no difference between process by grant  and custom for if the king grant the privilege rashly placita legal and usual  process the grantee may issue as incident and custom suppose a grant original  but in both case it must be a comens process legal none can justify the  restraint of another liberty or take away his property unless by the law of  the land that be he must have a lawful authority and must duly pursue it here  the process be to take the body of the defendant in the first instance if he  be find c which be a void process and custom will not make it good