case warrington against mosely Hilary term will mary roll a prescription  general for toll of all good bring within the limit of a certain manor be bad  for every prescription to charge the subject with a duty must impart a benefit  or show a reason why it be claim SC comb SC holt error of a judgement in the  countypalatine of Chester the plaintiff prescribe for toll of good buy within  a manor the question upon the plead be whether such a toll independent of all  market and fair can be good it be argue that the prescription be unreasonable  first for the manner videlicet the lord only claim the toll in his manor and  it be not for good buy or sell in a market c second for the matter videlicet  he prescribe to toll of two penny for every pack buy in Manchester call  Manchester ware except of the burgess there all toll must arise by  prescription or grant the one suppose the other now the lord of a manor can  have toll by prescription Inst Vaugh a because at the commonlaw there be no  custom pay but for wool woolfels and leather modern which be therefore call  ancient sive great custom and all other toll be esteem evil tolnetae neither  can he be entitle to this by any grant from the king because he can charge his  people with any thing but what be for the public good without their assent in  parliament and therefore the writ of ad quod damnum be direct to the escheator  to inquire what damage it will be to the king or any of his subject if he  shall grant to b that he may make a assignment of certain land to a chaplain  for ever to pray for his soul in a certain churchFitz n b a c for by reason of  such assignment the land modern er p will be exempt from several duty as fine  amerciament c ita quod patriaper donation et distribution of land pillage to  greater extent custom non to load seu to make heavy now if the king can impose  a duty upon his subject but such which be for their benefit a strong a lord of  a manor can and to this purpose there be a express authority in easter term  car roll Abr d there be a information against Morgan for levy twopence for  every barrel land at Cockernepill though it be his own land and the party can  not sell there without his assent yet this be to levy a new toll it be hold  unlawful he may make a particular agreement with the people but he can not  exact a toll assize pl e this toll be in nature of tollthrough for which there  can be no prescriptionBro Abr prescription pl bro Abr toll pl but see the case  of smith v shepherd cro Elizabeth contra roll Abr f because it be lawful for  any man to pass by or through the highway so it be as lawful for any man to  buy good bring to his shop Inst g if the plaintiff have any right to this duty  he shall have show that the people have some benefit by sell their good in  this place as where a man justify in trespass and prescribe to have a toll for  beast drive over such a manor it be a void prescription be for tollthrough  unless the party who claim the duty show that the subject have some advantage  James v Johnson Mod S c Mod crisp v Belwood lev Haspurt v will Mod S c vent  collier v smith Cowp Lord Pelham v Pickersgill term Rep h so where a man  allege a custom to have so much a tun for all good pass on a river by such a  wharf this be a tollthrough which the law call malum tolnetum unless the  plaintiff show that the river be usual cleanse by he or that he repair the  bank or that he have do some good for this duty side a nay it have be hold  that a tax can be impose on the subject but by parliament though it be for  their benefit side b modern but admit that the plaintiff may prescribe for  toll of good buy within this place yet such a general prescription be not good  to bind stranger no more than a prescription to have a heriot of every  stranger die within such a manor which be void cro Elizabeth dyer in marge see  also Com dig copyhold king c because it can have a reasonable commencement  between the lord and a stranger though it may between he and his tenant so a  prescription to have a heriot videlicet the best beast of his tenant and if it  be eloigned before the lord seize it that then he may take the beast of any  other person levant et couchant upon the land this be a void and a  unreasonable prescription dyer b brown more bendl pl Com dig copyhold king Bac  Abr d second this be not good by reason of the uncertainty of the thing out of  which the duty arise for it be de where you will pack not say of what it  consist now if the court must judge whether twopence be a reasonable duty or  not they must know what be in the pack and what a customary pack of Manchester  ware be will be difficult to be know in westminsterhall to instance in  parallel case many indictment and information have be quash for such  uncertainty videlicet a information for engross separate finishing touch of  wheat be hold void because of the uncertainty of the quantity in each heap  though the value of the whole be particular set forth roll Abr e so a  indictment for engross great magnitude straw for bedding et fni be quash for  the like reasonAnonymous cro car I see also hawk p c c S f likewise in trover  and conversion pro dvobus garbis England sheaf of corn the declaration be hold  ill march g because the plaintiff have not show what corn it be and the  England be modern er p void then it be only trover de dvobus garbis which word  in its latitude comprehend any thing which may be tie up in bundle Allen h  this prescription be also void by reason of the person of who it be demand  videlicet of all people bring ware thither to be sell c so that neither the  king himself nor his purveyor be except it be contrary also to great Charta  cap I which enact that all merchant may buy and sell without any manner of  evil toll it be void likewise by reason of the time demand videlicet immediate  upon the sale of each pack of ware now no toll be due before the sale unless  by custom time out of mind Inst king and here be no consideration lie why the  lord shall have such a duty modern it be argue on the other side that time and  usage be the foundation both of prescription and custom and if custom be not  unreasonable it be not necessary to show their commencement as to the  generality allege against this prescription it be not void for that reason for  such general prescription to have toll of all people have be warrant by  several precedent in the ten year of James the first the issue in a quo  warranto be whether the defendant have toll of all people within the manor of  Petworth in the county of Sussex as well of the tenant of the earl of Arundel  as of stranger and the issue be find for he Bulst a nothing be more common in  our book than for a lord of a manor to prescribe for a duty within the same  though it be to the prejudice of particular people roll Abr b because such  custom may have a reasonable commencement and therefore it have be hold good  for a lord c to prescribe that the bread for all the inhabitant in his manor  and passenger there shall be bake at his oven and that no other person time  out of mind c have use a bakehouse there without his appointment c sir George  fermer v brook   cro Elizabeth Leon pl c it be for this purpose that the writ  de to cut ad molendinum lie Fitzherbert n b d and in the register m Reg b e  there be a prescription allege ration rule which be a very extraordinary claim  and go far than what be make by the lord of a manor in Edward pl b the  defendant justify in trespass for the pull down of a fold as servant to the  lady of the manor of Hastings who by reason of her signiory have a freehold  throughout the say will so that no other can fold there without her leave this  extend as well to stranger as to those of that will and yet it be hold good so  in Henry pl a the mayor and commonalty of Gloucester prescribe to have toll of  every boat which pass by their city c and this be adjudge a good prescription  cro Elizabeth bro Abr prescription pl f although no reason be give why they  shall have that toll many other case may be cite wherein the law be hold to be  the same as in Elizabeth dyer b g the Lord mayor of London bring a action on  the case ground upon a custom to have the twenty part of the salt of every  stranger who bring it to the port of London and there be no reason allege why  he shall have that part and yet the mayor have judgement modern in a action on  the caseCro Elizabeth h the defendant justify the take of the good for that  the bailiff of Yarmouth have use to have toll of the tenant and inhabitant of  Lestoff for any of their good bring thither by sea to be sell and upon a  demurrer he have judgement though it be upon a general claim of toll for all  their good bring thither without say to the port Leon I so in trespass cro  Elizabeth king the defendant prescribe to have twopence for every score of  sheep of stranger bring or drive per et trans villan de Melton Mowbray and if  that toll be deny to distrain for it now though this be a tollthorough for  which a prescription can be allege without show some cause that it may appear  to have a reasonable commencement Mod a yet the plea be hold good by the  opinion of two justice against Popham justice videlicet that such a toll may  be claim general for it be by prescription modern er p it can be intend that  the cause shall be know why it begin the person who gather the toll be a stand  witness of the alteration of the property and of the fairness of the contract  then as to the other objection that it be unreasonable for the incertainty it  be a customary claim for a certain thing in a certain place and the custom  have fix what be mean there by the word pack it be as certain as a duty for a  piece of cloth in the book of RatesDyer b and it be as certain as a  prescription to have a half penny for every porter burden lie upon queenhithe  to be convey from thence by water which have be hold good hob c and it be very  well know that a strong porter will carry more good than another the court be  not satisfy with this prescription because there be no recompense for it and  every prescription to charge the subject with a duty must impart a benefit or  recompense to he or else some reason must be show why a duty be claim the case  in dyer more foe pl d seem to be very hard for the lord mayor to have the  twenty part of all salt bring to London and no reason give why he shall have  it but as for the case of foldage it be upon the land hold of the manor of  Hastings whereof the tenant have the feed and that may have a reasonable  commencement