bear and Hodges case more of bear and Hodges case you may see before davenport  say that a man can distrain upon a actual demand which ought to be to the  person upon the land and for that the distress be tortuous and damage by the  commonlaw be give to he who make the replevin but to the avowant damage be  only give by the statute of h cap h now the rend be not in question for it be  take to pay it but the damage and the tenant have do all that he can and it be  not reason that he pay any damage and the diversity between a replevin and  debt for rend after such a tender that a local tender excuse the damage appear  h Tidthorps case e debt a obligation be endorse to pay the money at easter and  be tender it at the day to the obligee who refuse it because he life at  another place and now because that no place be name for the payment the tender  be good and shall excuse he without any other demand of the damage Littleton  say that a tender of homage excuse until a new demand e and there a difference  seem to some between fealty and homage but Bryan say that a tender of fealty  also until a new request to his person excuse damage because that fealty may  be do by attourney h e put the case of rend to the same intent cook Littleton  mands case the three resolution be a ground for our case there it be say if  terretenant tender a rend seck upon the land the grantee can demand it upon  the land in the absence of the tenant that it ought to be to the person upon  the land for what can the tenant do more than he have do already and the  statute of Westminster cap give ease to the tenant when the lord distreins  immoderate and unnecessary for a immoderate distress may be the ruin of a  tenant and therefore the statute say nec to have capital crime dominus power  distringend to hold in of his dumb predict to hold offer ei the condition of a  slave debt is owed consuet ass Fitzher n b g if cattle be distrain damage  pheasant and tender of sufficient amends be make the distreiner be liable to  damage for the detinue although not for the distress and to the same purpose  be cook lib carpenter case Rep Pilkintons case c the second question be  whether a bailiff without command of the lessor when he have refuse to take  the rend upon a lawful tender may distrain and it seem that he can and the  second resolution in Pilkintons case come to that question that a tender of  amends to a bailiff amount to nothing and the question upon a heriot be  whether the lessor may distrain without declare his election and it seem that  he can for that be no heriot which may be seize as the case in one woodland  and mantle case there it be certain and because the law vest it in he  immediate after the death of the tenant but so it be arbitrable and can vest  before election and also the tenant do not khow which he ought to provide  before and declare his election and it be demand for that it be not reasonable  that he shall be liable to a hetley distress and can by any possibility  prevent it Rep sir Roland Howards case I can find any precedent where a avowry  be make upon a disjunctive reservation without allegation that he have declare  his election although that the lessor in that case may distrain without  declare his election yet the bailiff can for he can justify as bailiff for a  arbitrable thing without express command acceptance of rend by a bailiff can  alter the tenancy for although that he have power in law to receive the rend  yet he can by law alter the tenency by his acceptance without the lord command  dyer a bailiff may demand rend but can enter for nonpayment without express  command and when he avow he can avow any thing which do not appertain to his  office and for that that it be a arbitrable thing which can be transfer from  the person of the lessor his heir or assign that distress be well take c  hetley er p if a writ of error be bring in this court and the day of the  return be long to delay the party as if it be more than the next term the  court may award execution quod notam c