Bulstrode Hix plaintiff against gardener defendant a action upon the case for  erect a mill in a action upon the case for erect of a mill in this case the  question insist upon be touch the validity of a custom by the plaintiff be  lord of the manor of d for to bind resiants and inhabitant within his say  manor to come and grind at his mill it be by Coventry for the plaintiff urge  that the custom here as it be lie be good and sufficient and that  notwithstanding the exception before take against it it appear by the register  fol that this writ de to cut ad molendinum be breve de recto and jyeth inter  foreigner personas pro to cut tali substracta and they be to be bind by this  but more proper it lie between and against inhabitant and resiants within the  precinct of the manor e fol b h fol Bulstrode er p to the same purpose here  the custom as it be lie be good as to the exception take to this custom that  the same be lie too general be that every inhabitant and resiant to be bind to  grind at this mill yet this be good and sufficient and it be no more than be  in the case to have a customary common so here in this case coke pars  Gatewards case that in matter of discharge tenant may well prescribe as to be  discharge of their tithe pave a modus so a prescription may be against a  inhabitant for matter of charge e fol cite coke pars fol in the case of London  wagoner case in a action of trespass by Jeffere at hay against William at ford  for break his fold in Hastings the defendant show that I de f be lord of the  manor of h that be and his ancestor and all the lord of the say manor have use  to have liberan faldam throughout the whole ville de h and that none in the  ville there to have frank faud without agreement make with the lord and that  if any do contrary to this the lord have use to abate it sothat though foldage  be for the maintenance of agriculture and much favour in law yet by custom a  man may be bar of it in his own land and another may have it agree with this  be S e fol mich Elizabeth b r sir George Farmour plaintiff against brook the  case of the common bakehouse in Torcester in the county of Northampton for all  the tenement within the same ville this be adjudge a good custom and  reasonable upon which precedent this principal case be ground another  exception be take because the custom be lie that he shall grind no corn there  as to this it be only the corn which he spend in his house e Fitzherbert title  assize plea e Fitzherbert title avowry plea this be warrant to be good by way  of tenure to grind all the corn at his mill which he spend in his house and if  this be so and good by way of tenure a strong by prescription and custom this  may so be another exception be take that the custom as it be lie be not good  for the incertainty of it be in messuagio sive tenement within the manor this  custom as it be lie be good and certain another exception that the plaintiff  entitle himself by a lease from the dean and chapter de d of the mill but say  nothing at all of the suit owe to these mill this be good without any such  expression of the suit in the lease for that this do pass inclusive and as  appurtenant and by e fol b suit to a mill be appendant to the mill and in  plead of a lease of the mill it be sufficient without mention of any Bulstrode  thing in the lease of the suit another exception because in plead by the  plaintiff it be set forth that the defendant be a inhabitant and a resiant  within the say manor have erect a mill but do not show the time when this mill  be erect yet this plead here be good without any such precise show of the time  of the erect of this mill it shall be take by intendment that he have erect a  mill and so do contrary to the custom and to this purpose there be a case mich  Elizabeth where one Simpson be indict for the publish of a forge bind sciens  the same to be forge adjudge this sciens to be refer to the time of the  publication of this bind when no time be show when he have knowledge of the  forge of it so here in this case it shall be intend that he be a inhabitant  within the manor at the time of his erect of this mill per quod the plaintiff  to send away sectan unde action c Elizabeth dyer fol and coke pars fol  Lutterels case a action upon the case bring for turn of a watercourse ad  damnum of the plaintiff so here in this principal case the plaintiff be well  entitle to this action against the defendant for his damage sustain the loss  of suit to his mill by this new mill erect by the defendant contrary to the  custom here the plead good and so the plaintiff ought to have his judgement  coke chief justice this be a very strong case this be a good custom the  exception take be of no force and have be well answer as to the lie of this  writ de to cut ad molendinum this lie not always between lord and tenant but  where there be a tenure where there be no tenure there it lie by custom and  you can imagine the reason of a custom the custom of borough English and  gavelkind be no reasonable custom the reason to be show of the beginning of  they be impossible sir George Farmours case remember the custom for Torcester  common bakehouse for the whole town in Lancashire by custom upon the death of  tenant at will and for year henots to be pay good by custom and so the custom  here be lie to be that every inhabitant to grind at his mill this a good  custom e f e fol adjudge so in Bulstrode er p point in the case of a foul  liberan faldam and with this agree e where the rule be that a custom may be  extend throughout the whole manor croak justice agree herein that here be a  good custom as it be lie and the plead good if a man have a common ferry and  prescribe to have obelus for every footman pass over and denarius for every  horseman and that none shall pass but over this ferry this be a good  prescription as it have be adjudge here in this court dodderidge suit to a  mill may be by reason of tenure or service and also the same may be by custom  and then it may well be among stranger and so this custom here be good and  reasonable and the plead good and the exception well answer Haughton the  custom here be good the party here charge have also a benefit by this and the  rule of law be and as Littleton have it law plus to praise when ration to make  good and so it shall be also of a custom here the party have his tenement he  have benefit by this and this custom be reasonable as well upon a tenant as on  a stranger dodderidge in the register of writ in the writ of trespass there  the custom of Beverly be put be that none to erect a dyhouse without the  assent of the lord of the manor this a good custom and a good precedent there  coke chief justice the writ de to cut ad molendinum be a writ of right in its  nature in which battle may be join if no reason can be give for the beginning  of this or of any other custom yet non sequitur this custom to be for this  cause unreasonable and against reason in the beginning of it for that for some  thing no reason can be give and as the rule be who account in omnibus quzerit  account to tear down write there be in the register for the performance of  other and such like custom as this here be the court all clear of opinion that  this custom here be good and well plead and so by the rule of the court  judgement be give for the plaintiff Bulstrode notam in a prohibition pray to  stay proceed in the court of request coke chief justice it be to be observe  for a general rule and maxim of law that if any court of equity do intermeddle  with matter that be proper at the commonlaw and which concern matter of  freehold they be then to be prohibit the reason of this be because they draw  the matter there ad other examen and this put in arbitration hour man and  there rule and judgement be as bind as the law of the I and Persian not to be  alter and upon which no writ of error nor attaint lie and this be the true  reason why they in such case ought to be prohibit before their judgement give  by the commonlaw all matter be to be decide either by twelve man by a jury or  by twelve judge in the exchequer Chamber if a jury do err in their verdict be  give afterward the party be not without his legal remedy for a attaint lie  against they for his remedy and if the judge do err in their judgement for the  party remedy a writ of error lie and the party be not without his legal remedy  but after a judgement or decree give in a court of equity if erroneous no  remedy have the party against who the same be give for no error or attaint lie  in such a case