But if no day be given to the Demandant on which to make his Complaint, and he has experienced a delay, it will suffice for him to falsify the Court, under the form before mentioned, in whatever part of the Fee he may chuse, if the Lord has no residence[428] within the Fee, it being lawful for him, as Lord, to hold his Court there, and put a day to the Demandant, in whatever part of his Fee he chuses. But he cannot legally do so out of his Fee.[429]
CHAP. VIII.
But the Writ to be obtained ought to be directed to him only, of whom the Demandant claims to hold, and not to another, nor even to the Chief Lord. But, it may here be asked, what will be the consequence, if the Demandant claim to hold of one Lord, and the Tenant of another? In such a case, since the Lord to whom the Writ is directed cannot take cognizance of the suit, and unjustly and without a Judgment disseise another Lord of the right of holding a Court, of which he is understood to be seised, recourse must necessarily be had to the County Court, where the Suit shall proceed; or, in the Chief Court, so that both the Lords ought to be present there by Summons, in order that the thing should be discussed before them, in the manner we formerly mentioned when treating of Warranties.
CHAP. IX.
To the Sheriffs, indeed, not only belong the foregoing Pleas of Right, when the Courts of the Lords are proved to have failed in doing Justice, but some other Pleas. When, for Example, any one complains to the Court, that his Lord exacts Customs and Services that are not due, or greater services, in respect to the freehold the Tenant holds of him, than he ought:[430] when the Plea concern a Villein-born, as before observed: or when, generally speaking, any other matter occur of which the Sheriff has the King’s Writ, or that of his Chief Justice, for the purpose of holding Jurisdiction over any one, or that he himself should do right, unless another does so, as before mentioned; whenever any such Pleas occur, it belongs to the Sheriff to hear and decide upon them. Some of which appear from the following Writs.
CHAP. X.
“The King to N. Health.[431] I prohibit you, least you unjustly disturb H. or permit him to be disturbed, concerning his Free Tenement, that he holds of you in such a Vill. Nor exact from him, nor suffer to be exacted, Customs or Services which he ought not to render you, or which his Ancestors did not, nor ought to have done, in the time of King Henry my Grandfather; and, unless you do so, the Sheriff shall, least he should any more complain.——Witness &c.”