cccix Blagrave and wood case surrender to the steward out of court in a action  of trespass bring by Blagrave against wood of land in Totting in the county of  Surrey concern a surrender make to the use of sir Thomas Holcroft by Alice  pagnam e before one Forcet then steward there the issue be if at the time of  the say surrender the say Forcet be steward of the say manor and the jury find  a special verdict sure that the say Forcet daughter of the Sun April e be  retain by one Elizabeth pagnam then before and afterward lady of the say manor  to be her steward there for the keep of the court of the say manor and this  retainer be only by word in the country and no fee or annuity give for the  exercise of the say office and that the say Forcet accord to the say retainer  have keep court there diverse time and further that such a day and bear at  saint Dunstan the east the say Forcet take a surrender which be enter in the  roll the next court and that before that and after be take diverse surrender  as well out of court as in court and have hold diverse court there and upon  this verdict it be move by snagg sergeant that Forcet upon the matter find by  Leonard er p the verdict be not such a steward that may take surrender out of  court be retain only by word although to do other act in court he be a  sufficient steward for in the court he be as a judge and no body be to dispute  his authority there and there be a great difference betwixt a steward of a  manor and a steward of court and a steward of one manor have not as great a  authority as the steward of another manor for a steward of a manor may take  surrender in any place otherwise it be where a steward be retain to keep  Leonard court for he have no authority to keep court and all his power be  within the court and not without see Elizabeth dyer draw sergeant to the  contrary here Forcet upon this retainder be steward at the will of the lady of  the manor which will shall not be say to be determine until the lady do  discharge he and the difference which have be take betwixt steward of court  and a steward of a manor be nothing to the purpose for there be not any reason  in it and it be true a assize can be bring of such a office without a patent  of it for it can pass for life without a deed and although a steward in the  court of copyholder be a judge yet he may be appoint without deed as where two  submit themselves to the arbitration of other now the arbitrator be judge as  to that intent and yet they may be appoint arbitrator and discharge d without  deed h e h but they can by their award transfer freehold from one to another e  h and by Culpeper and screen and see as to a steward retain by word Elizabeth  and see h where a bailiff of a manor may be appoint without deed and so of a  undersheriff and yet he be a judge Owen segeant contrary here Forcet at the  time of this surrender be not steward but the retainer void No fee be allow  unto he for the exercise of the say office h a labourer may be retain without  promise of any salary in certain for it be appoint by the law he be not retain  by deed and although he may be retain without deed to hold court pro here vice  yet if the retainer be for life or for year it ought to be by deed he be  retain to keep the court but not to be steward which shall be intend to hold  court and then when that be pass his authority shall cease and then all which  he do afterward be void but if he have be retain to be steward of the manor  then the surrender take out of court have be well enough there be not any  custom find by the verdict to warrant such a surrender take out of court and  then if the surrender be not warrant by their custom it be void Yelverton to  the contrary in all case in real action which concern land the suitor be the  judge but in personal action under the sum of forty shilling the steward be  judge a although he be a judge yet he may be appoint without deed and whereas  it have be object that no fee be appoint for the exercise of the office the  same be not material as to the grant but the party be not compellable without  a fee to do the service and a man may be constitute bailiff of such a manor  without deed and yet more do appertain to the office of the bailiff than to  the steward as if the lord of a manor he beyond the sea more I Rep the writ of  right shall be direct to the bailiff of the manor and see h where the sheriff  or steward of a manor may be without deed and here in the principal case the  retainer be not to keep one court but to keep the court of the lady of the  manor sure all her court until he be discharge it be adjourn   Rep vide   part  name Holcrofts case pasch Elizabeth in the common plead