cccxix brag case in a action of trespass by strait against Bragg quar enclosed  space to break in pieces contain one acre in c in the county of h and for the  take of a horse the defendant plead that long time before the trespass the  dean and chapter of Paul be seize of the manor of c in the say county in fee  in the right of their church whereof the place where be parcel c and so seize  king e that by his letter patent date year I of his reign grant to they all  the fine pro freedom to agree of all their homagers and tenant resiants or not  resiants within their fee and show that for all that time they have use to  have such fine of their tenant and show further that Elizabeth a Leonard fine  be levy in the common plea between the plaintiff and one a of acre of land  whereof the place where the trespass be do be parcel and the postfine assess  to S and afterward scambler the foreign opposer allow to they the say S  because the say land be within their fee and afterward in the behalf of the  say dean and chapter he demand of the plaintiff the say S who refuse to pay it  for which be by the commandment and in the right of the dean and chapter enter  and take the say horse in the name of a distress as bailiff to the say dean  and chapter for the say S and afterward sell it c upon which the plaintiff do  demurrer in law and it be move that here it be not aver that the land whereof  the fine be levy be within their fee but they say that scambler allow it  because it be within their fee and that be not a sufficient averment quod  curian to go away and also the opinion of the court be that the dean and  chapter can distrain for this matter but they ought to sue for the same in the  exchequer as it appear h in the duchess of somersets case gawdy justice the  grant do not extend to the postfine for the fine pro freedom to agree be the  king silver and not the postfine Wray justice all passes by it for it be about  one and the same matter and they in opinion to have give judgement for the  plaintiff quaere of it ante Len mich Elizabeth in the exchequer