case STEVERTON against SCROGS Trinity term Elizabeth roll or the lord of the  manor must keep a pillory and tumbrel and not the inhabitant of the will  except by special custom and the neglect be a cause of forfeiture enquirable  at the leet ante kitchen a more t Carthew Fleta u ch S Wilson queen if the  bailiff of a leet can distrain ex duty Vid e post salk more Mod hawk p c skin  Bac ab I salk replevin the defendant make conusance as bailiff of Oliver  Scrogs for that the place whefe and c be within the jurisdiction of the leet  of the manor of Renold whereof the say scrog be and tempore quo be lord and  show that at a leet hold you such a day and year it be resent by p the jury  that there be no within the will any pillory or tumbrel to punish offender and  therefore the will be amerce to g and show that the plaintiff at the time of  the take be a inhabitant there and because he do not pay that amercement but  utter refuse to pay the S therefore the defendant as bailiff of the manor  distrain c and it be hereupon demurrer winch for the plaintiff this plea be  not good neither for the matter nor manner thereof for the inhabitant of a  will be not bind to provide either pillory or tumbrel a but the lord of the  leet only for they be necessary for the execution of justice which the lord be  to see to he execute and if he do not provide they it I cause of seizure as  Henry pl the abbot of saint Alban be to procure a gaoldelivery of the prisoner  within the liberty otherwise it be a forfeiture b and the statute of Edward c  which set down what thing shall he inquire in leet do not a see Henry saint b  hawk croak Elizabeth er p appoint this to he inquire of there and it be  enquirable only in the eire it be not good for the manner also first because  it be allege that the plaintiff do not pay the amercement and he do not aver  that any other of the will have not pay it second he do not allege that the  plaintiff be a inhabitant there at the time of the amercement but at the time  of the take a wherefore c and for these default the court hold clear the plea  to he ill and adjudge it for the plaintiff but Popham gawdy and Fenner Clench  absent hold that it be not good for the matter for the pillory and tumbrel  ought to be provide by the lord of the liberty and not by the will unless  there be a prescription to the contrary which ought to be special allege for  they be for the execution of justice within the liberty he ought to see it to  he do and Popham say that the defendant as bailiff of the manor can distrain  for a amercement by reason of his office without a especial warrant from the  steward or lord no more than a sheriff may levy amercement of this court  without warrant But gawdy e contra that he may distrain for lawful amercement  by reason of the office but he can enter for a condition break as Elizabeth pl  S but for the principal matter it be adjudge ut above for the plaintiff