case Mackworth against SHIPWARD Michaelmas term Elizabeth roll if a copyholder  hold land in chivalry of the lord and of the king and die during the minority  of his heir who be in ware to the king for all the land yet on his full age he  shall pay relief to the lord for the land hold of he   light b   dougl vide  Henry pl Henry pl Edward pl Edward relief Stanf bract fol old n b quaere if  cost be Allowable on a avowry for a heriot or for a relief Jones cro car roll  Rep cro Elizabeth Carth Mod show salk see stone v forsyth dougl note to Rep  croak James er p replevin the defendant make conusance as bailiff to Lord  Berkley for a relief due to he whereupon it be demurrer the case be a tenant  of the queen who hold of her by service of knighthood in capite hold also  other land of Lord Berkley by knight service and die his heir be within age  and in ware to the queen as well for the one land as for the other croak throw  by her prerogative the heir at full age sue livery after which Lord Berkley  distrain for relief and whether he shall pay relief for those land which be in  ware be the question after diverse argument at the bar it be resolve that he  shall pay relief for although this land be in ware yet the lord have not the  benefit of the wardship wherefore it be all one to he as if he have die after  his heir be of full age the lord be to have the wardship or relief as a profit  rise from his service and although Littleton say that the lord shall have  relief where the tenant die after his heir be of full age yet that do not  exclude he to have the benefit thereof when the tenant die and his heir be  within age where he can have the benefit of the wardship but Popham say that  if in such case where the tenant die his heir be within age the lord refuse  the wardship there peradventure because it be his own act he shall not have  relief wherefore it be adjudge for the defendant afterward it be move upon the  Henry c whether the defendant for who the judgement be give shall have cost  and damage for the statute give it upon avowries for rend custom or service or  damagefeasant and this relief a be not any service but a flower of the service  and shall go to the executor and it have be resolve that in avowry for a  amercement b the defendant shall not have cost Popham upon a distress for a  heriot c there be not any question but cost shall be pay but for the other  point because the principal case be adjudge upon a new point and they not then  satisfy whether in this case cost be Allowable they advice the defendant to  take his judgement for the relief the plaintiff offer it in court and to  release his damage and cost which be do accord