case heady against wheelhouse ante see SC cro Elizabeth with note if liherties  create de to make new by the king come back to the crown they be not merge but  if they be appendant to a manor the appendance be extinct on their return to  the crown and the king be seize of they jure coronce ante Inst more   b Jones  and dyer Mod stram   b   the case be now move again and after argument at the  bar Popham gawdy and Fenner deliver their opinion that by the say grant of a  fair cum omnibus lihertatibus c toll be not due nor demandable for toll be not  incident to a fair as common experience prove for the great part of the fair  in England have not any toll but by express word in the king grant the grantee  may have toll so he may have poizage or pontage for the subject thereby have a  great benefit for the money they pay for it videlicet in the one case true  weight and in the other case of passage over water which otherwise be not well  fordable but Popham say the case may be that by the king grant with such word  as here toll may pass as where one have a fair by grant or prescription  whereto toll have usual be pay which afterward be forfeit to the king and the  king then croak Elizabeth grant it cum omnibus lihertatibus ad hujusmodi  ferian to look on by this grant the grantee shall have toll for toll be former  helonging thereto and therefore the king grant do roll Rep a where there be a  parsonagehouse the rector must himself personal reside in it and the want of a  parsonagehouse be no excuse for his reside out of the parish adj e g Wilkinson  v Alcott Cowp see also burr accord b Lord coke say it be resolve by the court  in easter term follow in favour of the plaintiff that this be a nonresidence  Rep b croak Elizabeth er p not grant a new fair but the ancient one for it be  not extinct by the king possession and therefore there be a difference that  such liherties which a common person have by prescription or grant and which  if the common person have not the king himself shall have throughout England  as waif estray wreck c there if the common person have they by grant or  prescription and they come to the king by forfeiture or otherwise they be  extinguish in the crown and the queen shall have such liherties by her  prerogative and they can afterward be grant but by a new creation but such  liberty which a common person have by grant or prescription which the king if  such prescription have not be can not have by his prerogative as warren park  fair market with toll c if these come to the crown c they remain in be and be  not extinct for if the king shall not have they by this mean they will he lose  wherefore absent Clench it be adjudge for the plaintiff