cccxxvii blunt and WHITEACRES case error amercement a writ of error be bring  upon a judgement give in the common plea in a replevin where the defendant do  avow as fermor of the manor of f in the county of Berks to saint John college  in Oxford and lie a prescription there in he and his fermors to distrain for  all amercement in the court of the say manor and show that the plaintiff in  the replevin be present by the homage for not repair of a house be a customary  tenant of the say manor accord to a pain impose upon he at a former court for  which he be amerce by the steward to ten shilling and be also present for not  ring of his swine for which he be amerce three shilling four penny and for  these amercement he distrain and upon nothing to say judgement be give for the  avowant to have return upon which a writ of error be bring and error assign in  that there be not any prescription lie in the avowry for the lord to amerce  the tenant and of common right be can do it see e and such amercement be  extortion for the lord can be his own judge and therefore he ought to enable  himself to distrain by prescription another error because the fine be lie to  be assess by the steward whereas by the law it ought to be by the suitor for  they be judge and not the steward another because that in the avowry it be set  down quod present to be that he have not repair a certain house but he do not  say in facto relating to a category c that he have not repair for that be  matter traversable here be no offence for a copyholder be not bind to repair  by the commonlaw if it be not by prescription for he can have houseboot upon  the land as a termor may if it be not allege a custom Fenner the steward may  assess fine for a contempt but not amercement if not by prescription gawdy the  lord of a manor can assess amercement for a trespass do to himself upon his  own land but otherwise it be of a common trespass or a trespass do in the land  of another but for the distress he ought to prescribe and the judgement be  reverse cro pasch Elizabeth rot in the king bench