case ROWLESTON against alman easter term Elizabeth roll the steward of a  courtbaron may amerce and the bailiff for the king may thereupon ex duty  distrain without special warrant in justify which it be sufficient to say  croak Elizabeth er p that it be present without allege in facto that the  plaintiff commit the offence but in the case of a common person a prescription  so to distrain must he allege ant I roll ab   light     Sav keb salk Mod see  hawk p c skin Bac ab trespass for the take of a gelding and two spoon of the  plaintiff in Rowleston the defendant plead tl at he be the queen bailiff of  her manor of Burtonextra and that at such a court hold before one I Stanford  steward there it be present that the plaintiff be tenant of the say manor have  surcharge the common for which he be amerce to S d which be affirm by I n and  I d tenant there whereupon he as the queen bailiff distrain thaf gelding in  Burton for that amercement and that the plaintiff himself deliver unto he  those two spoon in redemption of the say gelding which he detain until the  amercement be pay unto he and traverse the take in Rowleston and hereupon the  plaintiff demurrer in law and it be argue by Coventry for the plaintiff and by  Godfrey for the defendant first because it be plead queen d prcesentatum to be  that he surcharge the common c and do not allege in fact that he surcharge But  the Apelles be hold it to he well enough plead by the bailiff to who it  suffice to take conusance of the presentment and no more et non refert as to  he whether it he true or not Edward pl Edward pl second because the amercement  ought to be by the suitor be in a courtbaron the u be judge there and not by  the steward a distress hlso can be take for it unless there have be a special  custom allege but the court resolve it that be well enough for it be the  common course throughout the realm that the amercement be assess by the  steward and the distress in such case be incident and lawful three it be move  that this distress by a bailiff not have any warrant to do it by estreat or  otherwise be not lawful for he can distrain ex duty and of that opinion be  Popham but the other justice conceive otherwise Edward pl Henry pl Henry pl  book of entry wherefore they will advice and afterward for this last cause  principal it be adjudge for the plaintiff note it be hold that a common person  can distrain for such amercement in a court baron without prescription but the  queen here by her prerogative may as Popham hold