chamber against wollaston hill car banc Reg argument upon a special plea this  case be again move and argue by ware of council with the plaintiff the action  be a action of assault and battery and false imprisonment the defendant plead  a special justification by virtue of the custom of the city to which plea the  plaintiff demurrer style report six point be speak to by the plaintiff council  in his argument he say the proceed against chamber be neither agreeable to the  commonlaw nor to great Charta and therefore illegal and not warrantable  notwithstanding the custom plead to back they that the custom it self be not  well pursue Bracton Rep the king can grant power to a court to commit against  the commonlaw or statutelaw great Charta ass pl and though one submit himself  to be commit for a thing for which he be not committable by law this  submission be void that the custom plead be against great Charta and diverse  other statute stat h cap e cook full chart f Bracton e f and it appear not the  plead be in Latin as they ought to be e neither be the confession legal nor  enter upon record that the judgement vary from all other judgement in law for  the commitment be that he shall stand commit until he will promise that he  will disturb no more and that until the court shall take further order and  this be against law Rep f Instit that the statute of Richard d confirm not the  custom for if it be before great Charta it be take away by that statute for it  I not except in it great Charta cap v  a  to wonder of justice cap long Quint  that the custom be not well pursue in the return for the oath style report er  p extend to be obedient to the bailiff c for the time be but the return be not  so but it say that he obedient to good law and this be not in the oath and the  return be against their custom and judgement for the commitment and so he pray  judgement for the plaintiff roll justice say that the judgement and the return  be contrary for the judgement be that he shall be commit because he will not  promise not to disturb and the return be that be promise that he will not  disturb Cause be to be show why the plaintiff shall not have judgement