A Lord distraining his Tenant for Suit not due.(7) And if those Feoffees have no Warrant or Mean which ought to acquit them, then all the Feoffees, according to their Portion, shall be Contributaries for doing the Suit for them. [1](8) And if it chance that the Lords of the Fee do distrain their Tenants for such Suits, contrary to this Act, then, at the Complaint of the Tenants, the Lords shall be attached to appear in the King's Court at a short Day, to make Answer thereto, and shall have but one Essoin therein, if they be within the Realm; and immediately the Beasts, or other Distresses taken by this Occasion, shall be delivered to the Plaintiff, and so shall remain, until the Plea betwixt them be determined. (9) And if the Lords of the Courts which took Distresses, come not at the Day that they were attached, or do not keep the Day given to them by Essoin, then the Sheriff shall be commanded to cause them to come at another Day; at which Day, if they come not, then he shall be commanded to distrain them by all their Goods and Chattles that they have in the Shire, so that the Sheriff shall answer to the King of the Issues of the said Inheritance; and that he have their Bodies before our Justices at a certain Day limited. So that if they come not at that Day, the Party Plaintiff shall go without Day, and his Beasts, or other Distresses taken by that Colour, shall remain delivered, until the same Lords have recovered the same Suit by Award of the King's Court; and in the mean time such Distresses shall cease, saving to the Lords of the Court their Right to recover those Suits in Form of Law, when they will sue therefore. (10) And when the Lords of the Courts come in to answer the Plaintiffs of such Trespasses, and be convict thereupon; then, by Award of the King's Court, the Plaintiffs shall recover against them the Damages that they have sustained by occasion of the said Distress.
Tenants withholding from their Lords their due Suits.[2]II. Likewise if the Tenants, after this Act, withdraw from their Lord such Suits as they were wont to do, and which they did before the time of the said Voyage, and hitherto used to do; then by like Speediness of Justice, as be to limiting of Days, and awarding of Distresses, the Lords of the Court shall obtain Justice to recover their Suits, with their Damages, in like manner as the Tenants should recover theirs: (2) And this recovering of Damages must be understood of withdrawing from themselves, and not of withdrawing from their Ancestors. (3) Nevertheless, the Lords of the Court shall not recover Seisin of such Suits against their Tenants by Default, as they were wont to do. (4) And touching Suits withdrawn before the time aforementioned, let the Common Law run as it was wont before time.
CAP. X.
Certain Persons exempt from Appearance at Sheriffs Turns.
