2. Custom ought to be certain, and not ambi∣guous, for incerta pro malis hahentur, an uncertain thing may not be continued time out of mind with∣out interruption.
3. Custom ought to have continuance without interruption, time out of mind, for if it be dis∣••on inued within memory, the custom is gone: consuetudo ••emel reprobata non p••••••si amplius indu••••; for as continuance makes custom, so discontinu∣ance destroyes it. Nihil ••am conveniens natural•• ae∣quita••i, quam unum quodque dissol•••• ••o ligamine qu•• ligatum est.
4. It ought to be submitted to the Pr••rogative of the King, and not exalt it self against it; for prescription of time makes a custom, but nullum tempus o••••urrit Regi. If a man hath Toll or Wreck, or Stray by prescription, this extends not to the goods of the King: So prescription to have sanctu∣ary for treason; or to have ca••a••la selonum, is void against the King; because that such a priviledge exaltat se in praerogativam Regis, 1 Hen. 7. 236.
Custom is either,
1. Generall, which is currant through England. That which is used per totam Angliam, is Common Law, & quod habetur consutend•• per totam Angliam, is not a good manner, to alledge a Custom, Cook 9 Rep. Combes Case.
If any generall Custom were directly against the Law of God, or if any Statute were made directly against it, as if it were ordained, that no Alms should be given for no necessity, the custom and statute were void.
2. Particular, is that which belongeth to this or that County, as Borough English in many places, Gavel-kind to Kent, for all the Heirs Males to in∣herit alike; Countries have their Customes accor∣ding