CHAP. VII.
“The King to the Sheriff, Health. Summon, by good Summoners, four lawful Knights, from the Neighbourhood of such a Vill, that they be before me, or my Justices, on a certain day there to elect, upon their oaths, twelve &c. who better know the truth of the thing, and will say, for the purpose of making a Recognition, whether N. has greater right of holding one Hyde of Land in that Vill of I. or whether R. of holding it in his Demesne, which the said R. claims by my Writ against the aforesaid N. and of which N. who holds the Land, hath put himself upon my Assise, and prays a Recognition to be made, whether he has greater right of holding that Land in his Demesne or the aforesaid N. of holding it of him: And summon, by good Summoners, the aforesaid N. who holds the Land, that he be then there to hear that Election. And have there, &c. Witness, &c.”
CHAP. VIII.
But after it has been settled between the Lord and the Heir of the Tenant concerning the giving and receiving of the reasonable Relief, the latter may exact reasonable Aids from his Homagers.[354] This, however, must be done[355] with moderation, keeping in view the extent of their Fees, and the circumstances of the Tenants, least they should be too much oppressed, or lose their Contenement.[356] But nothing certain is fixed, concerning the giving or exacting Aids of this description, unless that the form we have mentioned should be inviolably observed. There are also other cases, in which a Lord can exact from his Homagers similar Aids, observing, however, the principle we have laid down: as if his Son and Heir should be made a Knight, or if he should marry off his Eldest Daughter.[357] But, whether Lords can exact these Aids to maintain their own Wars, is doubtful. The opinion that prevails is, that they cannot by right distrain their Tenants for such purpose, unless so far as the Tenants may feel disposed. But, with respect to the rendering of reasonable Aids, Lords may of right, without the King’s precept, or that of his Justices, but by the Judgment of their own Court, distrain their Tenants by such of their chattels as may be found within their Fees, or by their Fees, if necessary; provided the Tenants are dealt with according to the Judgment of the Court, and consistently with the reasonable Custom of it. If, therefore, a Lord may thus distrain his Tenants[358] to render such reasonable Aids, much stronger is the argument in favor of its being lawful for him to distrain in the same manner for a Relief, as also for any other service necessarily due to him, in respect of the Fee. But if a Lord is unable to compel[359] his Tenant to render his services or Customs, then recourse must be had to the Assistance of the King, or his Chief Justice, and he shall obtain the following Writ——
CHAP. IX.
“The King to the Sheriff, Health.[360] I command you that you adjudge N. that, justly and without delay, he render to R. the Customs and right Services which he ought to render him, for the Tenement that he holds of him, in such a Vill, as can be reasonably shewn to be due to him, least he again complains for want of right. Witness, &c.”