case peel against tower easter term Elizabeth roll a courtbaron be of common  right and incident to the manor it must he hold before the suitor and can be  presrcibed for a prescription as to the extent of its authority may be good  Henry pl   light   b Inst Mod cro James Noy godb replevin the defendant make  conusance as bailiff to sir fulk grevil for the amercement of a freetenant  within his manor and show that sir fulk grevil be seize in fee of the manor of  d and that he and all those who c have have a courtbaron within the manor  before his steward of the manor tevendum from three week to three week and  allege a custom to have suit of court from all his freetenants of the manor  and that if croak Elizabeth any of they make default and his default be  present by the homage they have use there to amerce he and the amercement to  affeer and the lord have use to distrain such a tenant for such a amercement  per aliquan good will catalla svan within the manor and for a amercement for  this cause the distress be take c upon this conusance thus make the plaintiff  demurrer and after argument at the bar it be resolve by the whole court that  the avowry be insufficient first because he prescrihes to have a courtbaron  within his manor yesterday it be of common right and can be by prescription  for it be incident to a manor Walmsley say usage be not but where they be a  defect of common right but here it stand with common right and therefore it be  not good and whereas it be say that it shall he maintain by custom in regard  the proscription be to hold it before the steward of the mayor which be  against common right for of common right it ught to he hold hefolre the suitor  yet it be not good for a courtbaron can be hold but before the suitor and  sometime before the bailiff and suitor as by writ and by plaint it shall he  before the suitor only but in no case without the suitor and one can have a  court by prescription but where he can have it otherwise and all the justice  agree with he that he can not have a courtbaron by prescription but he may by  prescription enlarge the authority thereof as to hold plea above S and the  like second Walmsley hold that the prescription to distrain the good of the  offenderin any part of the manor be not good for thereby he may distrain iff  the land of one who do not offend but some of the other justice hold that it  may be good by prescription three he prescrihes to distrain the hest or good  of the freetenant who make croak Elizabeth er p default of suit and here the  distress be take of the hest of his undertenant who be not within the  prescription wherefore it be adjudge for the plaintiff