Piece of Plate fet before him in an Inn, may be guilty of Felony in fraudulently taking away the
fame ; for in all thele Cafes the Offence may as properly come under the Word Ccpit, the Injury to the
Owner is as great, and the Fraud as fecrct, and the Villainy more bale than if it had been done by a
Stranger. Hawk. PI. C 90. cap. 33 S. 6.
9. Feme is no Felon by taking the Goods of her Baron, becaufe me has
Colour, therefor^ a Fortiori the very Owner. Br. Corone, pi. 141. cites
5 H. 7. 18.
In the Con- IOp By the Statute 21 H. 8. cap. 7. If a Servant flj all have a Casket,
ftruaion of ^ t . a , t / 5 w Muney, or Goods or Chattel of the Majler delivered to him by the
JhefoHow? Majler to keep, and fuch Servant withdraw himfelf from the Maftcr, and go
ing Opinions away with fitch Casket &c. to the Intent to Jleal the fame, and dejraud the
have been Majler &c. or elfe being in the Service, without Affent of the Majler, im-
kft d Th bezzle the fame Casket (jSc. or any Part thereof, or otherwifc convert the fame
It. extendi t0 *>' s mi ' n Ufa with like Purpofe to Jleal it, he Jhall be guilty cf Felony, if
only to fuch fuch Casket &c. be of the Value of 40 s.
as were Ser-
vants to the Owner of the Goods, both at the Time when they were delivered, and alfo at the Time
when they were _/?«/».
2dly,
Stealing. 591
2dly, That it is Jlriilly confned to fucli Goods as are delivered to keep, and therefore that a Receiver,
who having received his Mallei's Rents, runs away with them, or a Servant who being intruded to fell
Goods, or to receive Money due on a hond, fells the Goods &c. and departs with the Money, is not
within the Statute, but that a Servant v/horcceives his Mafler's Goods from ancther Servant, to keep for the
Jfafter, is as much guilty as if he had received them from the Mailer's own Hands, becaulc fuch a De-
livery is look'd upon as a Delivery by the Mailer.
$dly, That it includes not the Wafting or Confuming of Goods, however wilful it may be, nor the
{Taking away of an Obligation, or any other bare Chcfe in AHion.
4thly, That it extends not to the Taking of fuch Hbings whereof the atltial Property is not in the Mafler
at the Time ; and therefore, that if a Servant having Money, or Corn &c. delivered to him, melts
â– dov.11 the. Money of his own ttad, without the Command of hisMafler, into a Piece of Plate, cr turns the
Corn into Malt, and then runs away with them, that he is not within the Statute, becaufe the Property of
thele Things is fo far chang'd by altering them in fuch a Manner, that they cannot be known again,
and the Mailer cannot afterwards take them without a Trefpafs ; but it is agreed, That if a Servant
makes a Suit of Cloaths of Cloth, or a Pair of Shoes of Leather, delivered to him by the Mafler, and then runs
away with them, that he is within the Statute, becau!e the Property ii no Way altered ; and even in the
firft Cafe whether the very Taking of the Plate or Malt be within the- Statute, or not, yet I can fee no
Reafon why the whole Act of the Servant taken together, mould not be look'd upon as a Conve-fion of
the Mafler's Goods to his own Ufe, with an latent to Heal them, which brings it within the exprefs
Letter of the Statute; And it has been refolv'd, That a Servant who changes his Mafler's Money trom
Silver to Gold, and then runs away with it &c is within the Statute ; and I can fee no good Diltinctioti
between that and the prefent Cafe. Hawk. PI. C. 92. cap. 33. S. 12,13, 14,15
(B) Of 'what Things it fliall be faid Felony.
The Things
I. TNdiftment that W. N. feloniottfly took and carried away 6 Boxes of lloln ought t»
JL Charters concerning the Inheritance of W. C. in the Boxes being. Per &"? e f ome
Nele, That which ought to be Felony ought to be of the Value ol' 1 /, '''!?,'"
, -y-11 1 • tx i « j ~m 1 i • n themjelieSf
12 d. and of Charters there is no Value. And per Choke, Ic is no be- and not to
lony ; for Charters are Real, and not Chattels Real, and therefore no Felony; derive their
and the Box is of the Nature of the Charters; for he who is attainted or whole Value
Felony fhall not forfeit his Charters of his Land, but he fhall forfeit a '£™J t M~
Ward and Term for Years ; for thofeare Chattels Real. To which all the bear to fome
Juitices agreed. And after the Defendant was difmifs'd of the Indift- other Thing
ment of the Box ; for it is not Felony for the Caule aforefaid. Br. Co- w!llcl1 c «»-
1 r- net he ftcln,
rone, pi. 154. cites 10 E. 4, 14. As Paper or
Parchment
on which are written Aflurances concerning Lands, or Obligations or Covenants, or other Securities for
a Debt, or other Chofe in Action ; and the Reafon, wherefore there can be no Felony in taking away
any fuch Thing, feems to be, becaufe, generally fpeaking, they being of no Manner of Ule to any but
the Owner, are not fuppofed to be fo much in Danger of being floln, and therefore need not to be pro-
vided for in fo flriift a Manner as thofe Things which are of a known Price, and every Body's Money ;
and for the like Reafon it is no Felony to take away a Villain, or an Infant in Ward &c. Hawk. PI.
C 93. cap. 33. S.22.
2. A Man has a raeer Property in fome Things that are tame by Na- Hawk PLC.
ture, and yet in Refpeft of the Bafenefs of their Nature a Man fhall not 9i- ca P- 35-
commit any Larceny, great or fmall, tho' he Ileal them, as of MaftifB, ' 25 '
Blood-hounds, or of other Kind, Dogs, or of Cats ; and likewife it is
of their Whelps or Young. 3 Inlt. 109.
3. One W. H. had in- the Night digged up the Graves of diverfe feve-
ral Men, and of one Woman, and took the Winding Sheets from the Bo-
dies, and buried the Bodies again. Refolved that the Property ot the
Sheets was in the Executors, Adminiitrators, or other Owner of them ;
for the dead Body is not capable of any Property, and the Property of
the Sheets mull be in fome Body ; And according to this Refolution he
was indicled of Felony at the next Aiiiz.es; but the Jury found it but
Petit Larceny, for which he was whipp'd, as he well defcrv'd. 3 Inlt.
Iio. at Leiceiter Aflizcs in Lent, iojac. Plain's Cafe.
(C) la
592
Steward of Courts.
(C) In what Cafes the Stealing the fame Things may be
Felony in one Rejpec~iy and not fo in another Refpe£t.
S.P. Arg. i. TF one who has no Right, cuts dozvn 'Trees, and lets them lie, and at
ar.d admitted ^ at ano tfc er £) a j afterwards carries them away, this may be Felony •
Vent 18- U " b ut not wnere tno .V are taken and carried away at the fame Time. Allen
Hill 23 & 82, 83. Per Cur. Mich. 24 Car. B. R. in Cale ol Udal v. Udal.
24 Car. 2. 2. So if a Man cuts and carries away Com at the fame Time, it is not
f: r R l n Felony, becaule it is but one Aci ; but if he cuts it and lays it by, and
Emerfon v. carries it away afterwards, it is Felony 3 Per Hale Ch. J. Mod. 89. pi.
Emertbn. — 35. Mich. 22 Car. 2. B. R. Anon.
Hawk PL
C.93. cap 33. S 2! fays, Thar fuch Goods, the Stealing whereof may amount to Felonv, ou^ht to
be no Way affixM t" the Freehold, and therefore it is no Larceny, but a bare Trefpafs to fteal Corn
or Grafs growing, or Apples on a Tree, or Leidon a Church or Houfe ; but it is Larceny to take
them, being fever'd from the Freehold, whether by the Owner, or even by the Thief himfclf, if he
fever them at one Time, and then comes again at another Time and takes them And the general Reason
of this Diflincl'on between Chattels fix'd to a Freehold, and thole lving loofe, perhaps may be this, be-
caufe the former not being to be removed without Trouble and Difficulty, are not fo liable to be ftoln
and therefore need not to be fecured by fo fevere Laws as the others require.
(D) IndiBment and Pleadings.
The Indift- j. (pXJcd Fehnice abduxit Equum, is not good ; for it fljould be Felonice
Fdonice" 1 "^- cefit ^ Ahdu,ltit - Br - Corone, pi. 159. cites M. 2. E. 3. and
Cepk&^y - Itin - Not - 8E -3-
portatit, \et
the removing of the Things taken, tho' he carry not them quite away, fatisfies this Word Afportavit ;
as if a Gueft takes the Coverlet or Sheets eff his Bed, and rifing before Day, takes the Coverlet or Sheets
out of the Chamber where he lay into the Hall, to the Intent to fteal them, and went to the Stable to
fetch his Horfe, and the Hoftler apprehended him : And this was adjudged Larceny ; and the Coverlet
or Sheets were carried away, being removed from the Chamber to the Hall, albeit they were ftill in the
Houfe of the Owner. So if a Man's Horfe be in his Clofe, and one takes him, and as he is carrying
him away he is apprehended before he gets out of the Clofe, yet this is fufHcient tonwke it Larceny. 5
Inft. 10S, 109.- Hawk PI C. 92. cap. 33. S. 18. S. P. Neither is he lefs guilty who pulls off" the
Wool from another's Sheep, or (trips their Skins, with an Intent to fteal them, or he who intending to
fteal them, or he w ho intending to Ileal Plate takes it out of a Trunk wherein it was, and lays it on the
Floor, and is furprifed before he can carry it off.
For more of Stealing in general, fee jfEtJe jQStUtie, Ii)QUfC (C)
105gCr, ^aftCC anO §>Cr0artt 3 and other Proper Titles.
Steward of Courts.
(A) His Office and Authority, and how conftderd.
* Br. Jurif- j,TN* Court Baron the Suitors are Judges, but in Leet the Steward is
diction, pi. J^ j u dge. Br. Judges, pi. 18. cites 12 H. 7. 16.
cites Fitzh. Dct 17;. and not the Lord nor his Steward. So in Hundred, and in the County ; but
in l ! >urt oi Piepot den tl e Steward is 'judge ; for there are no Suitors ; for where Suitors are, tney are
Judges, and not the Steward . Br. Judges, pi. 20. cites 6 E. 4 3. Per Choke.
Steward of Courts. 593
S P. In County Court, Ccurt Baron, and Hundred, as well in Writ or Right Patent as in Juihcies and
other Suits there ; and the Sheriff, Steward, and nailiffs are not fudges mere; Quod now bene Br
Judgmenr, pi. 118, cites 99 H. 6. 5.— S. P. And the BaiiirTand Shenrr'are only Mlnifters. Br. Court
Baron, pi. n. cites 6 E. 4. 3.
2. Any that [applies amber's Place, or that is in any Imployment De-
puty to another, may according to the trueSenfe of the Word be term'd
a Steward ; As the High-Steward of England, becaufe the King ap-
points him in divers Matters to exercife his Place ; and fo the Under-
Sheriif may be term'd by the Name of the Sheriff's Steward, beino- his
Deputy. And how properly the Lord's Steward is fo named, any Man
may judge by this, That the whole Authority of the Steward is de-
rived from the Lord, as from the Head ; and not only i'o, but withal he
* reprefents the Lord's Perfon in many Employments • For in the Lord's* But * Lord
Abfence he Jits as Judge in Court to punilh Offences, determine Contro- ofa Manor
veriies, redrefs Injuries, and the like; And farther, lbme Things he per- ' 1: '•'' ie !il
forms in the Lord's Name, and not in his own Name ; For if the Stew- cwnS ^' aar ^
ard admits any Copyholder, or by Special Authority, or Particular Cuf- :o . b. pi -1'.
torn, licences a Copy-holder to alien, the Admittance and Licence (hall A g \ Cafe
be made in the Lord's Name, and the Entry in the Court-Roll mail be, of vv y tne «
Quod Dominus per Senefcallum admilit & licenciavit, and not that the v " I:enam *
Steward did admit or licence. Co. Compleat Copyh. 55, 56. S. 45 . —
S. P. Co. Litt. 61. a. b.
3. In a Court Baron the Suitors are the Judges in Real Caufes, but not
in Perfonal ; per Shute J. Godb. 49. pi. 60. Mich. 28 & 29 Eliz. B. R.
Anon.
4. By Prefcription, a Court may he claimed to be held before the Steward By Cuftom
Godb. 68. "pi. 83. Mich. 28 & 29 Eliz. B. R. in Cale of LO'JCi & + » naHun -
CtolftOU, cites 6 E. 4. but if there be no Cuftom or Prefcriptioa to war- d i! e<1 cp oun j
rant it, then as 4 H. 9. is, It is Coram Senefchallo & Seftatonbits. And per mav t^ 3
Gaudy, Every Court Baron is to be holden before the Suitors, if there Judge, and
be no' Prefcription to the contrary: But a Leet always before the Stew- not theSuit-
ard. And it was laid at the Bar to be the Form of Pleading in the Book °f^ Le- 51
of Entries, That in Real Caufes the Court was held before the Suitors, ' n °""
and in Perfonal Caufes before the Steward. Godb. 69. pi. 83. in Cafe of
Lovel v. Gollton.
5. A Steward is an Officer ofTrufi ; For he enters Plaints in the Court,
and furrenders, and altho' he has not a Judicial Place, yet he has a Mi-
niflerial Place, and the Lord and Tenants repofe their Trufts in him,
and is alfo an Office of Skill. Arg. 4 Le. 244. pi. 397. Pafch. 8 Jac. C.
B. in Cafe of the Earl of Rutland v. Spencer.
6. The Steward is but a Clerk, and not a Judge* For he lhall not be
named in a Writ of Falfe Judgment, nor lhall hold Plea of any Actions
but under 20s. Per Walmfley J. 2 Brownl. 335. Pafch. 8 Jac. C. B. in
the Earl of Rutland's Cafe.
7. Stewardlhip of a Court Baron is a private thing, and does not con- K^ym. t;.
cern the Adminiflration of Ju/lice. Sid. 40. pi. 5. Pafch. 13 Car. 2. B. R. Anon, but
in Stamp's Cafe,faid by Twifden to have been fo adjudged in this Court. s^cTand =
the Court in-
clined that a Mandamus lav to reftorc one to a Stewardship of a Court Lest, but not of. a Court Baron.
But it was adjourn'd, and Precedents ordered to be fearched. See Mandamus (E).
8. Steward of a Court Baron is Judge of that Part of the Court that - Lev is.
concerns the Copyholders, and is Begifier of the other ; Per HaleCh. J. f, Ilch ^
Vent. 153. Mich. 23 Car. 2. B. R. Ilea's Cafe. R^Thi"
king v. the
Church-wardens of Kingfcleere feems to be S. C. and therefore Kale Cli. J. faid, That lie is an Offi-
cer of Juftice, unlefs he be Steward at Will only.
7 M (B) His
594
Steward of Courts.
(B) His Prfaxr, as to Fines and Amercements.
I. TF any Suitor prefent in Court refafe to be of the Jury, or if any make
another fuch Contempt, or any Contempt or Dilbbedience in a Courc
Leet, the Steward mayfet a Fine upon him, without affirming bv Affie-
rors But when one is amerced that ihall be affeer'd. Kitch. of Courts
84. Tit. Authority of the Steward, cites 10 H. 6. 7.
2. All Fines in a Leet may be alieifed by the Steward, and all A-
wcrciaments by the Affeerors, and in the Avowry there for the Amercia-
ment, the Defendant alleges Prefcription in the Ufageof this aftefting by
Afteerors j Per Frowick and Kingfmill J. Kelw. 65. pi. 5. Trim 20 H.
7. Anon.
3. In Replevin the Defendant prefcibed to diftrain for all Amercia-
ments in the Manor ckc. and that the Plaintiff" being a Copyhold Te-
nant, was prefented by the Homage tor not repairing a Copyhold Tenement,
for which the Steward amerced him 10 s. it was held, That the Steward
might ailels Fines lor a Contempt, but could not amerce without a Pre-
fcription. 1 Le. 242. pi. 327. Mich. 32 & 33 Eliz.. B.R. Blunt v.
Whitaere.
4. For fuch Offences as are within the Conufance of the Steward, as
Judge, and of which he has the View, he may ailels a Fine, but not o-
therwife without Preferment. So that for not coming to Court, ana doing
Suit, he cannot Fine without Prelentment ; For IN on conftat to him, if
the Perfon was Relident within the Leet or Not, or what Caufc he had
for his Abfence. Cro. E. 241. Trin. 33 Eliz. B. R. Hall v. Turl
5. It was objected that an Amerciament, for which the Avowry was,
ought to be by the Suitors, being in a Court Baron, they being judges
there, and not by the Steward. But refolved well enough ; For it is the
Common Courfe throughout the Realm, That the Amerciaments are aiiefs'd
by the Steward. Cro. E. 748. pi. 1. Pafch. 42 Eliz.. B. R. Rowleiton
v. Alman.
S«(g P i. (C) Kis Power, as to the Jury.
3.
S. P. Kitch. I. TF a Jury in a Leet after an Oath made to prefent the Articles of the
of Courts 84. -"- Leet, ref iife to make Preferment according to their Oath, the Stew*
Tit. Autho- ar( j w j 10 j s Judge there may ajfefs a Fine upon every one of them at his
Steward C Difcretion tor his Concealment and Contempt. D. 211. b pi. 31. Pafch.
cites 10 E. 4 Eliz,. Anon.
4. 4. 2. If the Jury conceal dny thing, the Steward may impanncl another Ju-
ry to inquire of the Concealment, and if that be found they lhall forfeit
20s. to the Lord of the Manor. Kitch. of Courts 32. Tit. Charge in
Court Leet.
See ( A) P l. 1;
(D) His Fovver, As to punljhing Offences hi Court.
Br. Ley- 1. jF a Tithingman refufes to make a Preferment in a Leet, the Steward
Gager.pl. J. fl ia ii i mpo f e a reaibnable Fine upon him. Br. Leet, pl. 16. cite3
Sio.citesS.C. tt /â– r
1—8 Rep. IOH. 6. 7.
;S.b. Arg.
cites S. C. in Giiefly's Cafe.
2. If
Steward of Courts.
595
2. If one of the jury departs without giving Verdift the See ward may
fine him. Arg. 8 Hep. 38. b. in Griefly's Cafe, cites Lib. Intrat. Amer-
ciament in Det. fol . 449.
3. A Perfon inhabiting within a Leet was chofen for Con/able by the 8 Rep. *§. a
Homage, but refuting to be fworn to execute the Office went away cut of s - G accord-
Court in Contempt of it, and was fined by the Steward for this Contempt in S'y-
5I. and adjudged good. Sav. 93. pi'. 173. Trin. 30 Eliz,. Griefly's
Cafe.
4. The Steward telling one who was prefent, That he was a Suitor to Mo. 470.
the Court which he then held, and that he ought to be fworn to inquire P l6 "5.S. C.
that he ought to be i'vvorn to inquire P 1
Heft ; for which he fet a Fine of 20 Si '
&c who replied, In faying fo, thou Heft ; for which he fet a Fine of 20 s. *^™ dlB £ l Y-
upon him. And in an Action of Debt brought for this Fine, upon Nil s. Gâ„¢And 3 '
Debet pleaded, the Plaintiff had a Verdift and Judgment ; and upon a Gawdy at
Motion to fet it aiide All the Court held, That it was an apparent Con- fir( t WJS of
tempt and Abufe of the Steward, he being a Judge and in his Autho- ^jâ„¢,â„¢,
rity ; and that he himfelf might afTefs a Fine for fuch Contempt, and Adior/but
that Debt lies without any Prefcription alleg'd to ailefs fueh Fines, orafierwa
to have an Action ; And Judgment for the Plaintiff. Cro. E. 5S1. pi 4 he changed
Mich. 39&4oEliz. B. R. Lincoln (Earl) v. Fiffier. ISdMâ„¢ 00 *
curr'ii with
the other Juftices ; whereupon Judgment was given for the Plaintiff
5. Popham laid, That if any mifdemean him in a Leet in a very out- There isno
tareous Manner, the Steward may commit him. Ow. 113. in the Caie of (vm ''. : W ' 11C ' 1
the Earl of Lincoln v. Fiffier. ^jjg,
l, unleft
it be a Leet, which is the Phcenix ; For the Steward m.iv fine hut not imprifon. Roll. Rep. 55. Per
Coke Ch. J. Trin. 12 Jac. in Cam. Scacc. in the Cafe of Bullen v. Godfrey.
(E) Punifhable in what Cafes.
I. TNdi£lment was of Felony done in D. where there was no fuch Vill in
J[ the fame County, by which the Juitices would not arraign him, but
let him by Mainprize, and awarded Capias againft the Lord of the Leet
and his Steward for taking of fuch Indiiiment. Er. Corone, pi. 193.
cites 41 Aff. 30.
2. 1 Jac. 1. cap. 5. Enafts, That no Steward, Deputy Steward, or other
Under Steward of any Court-Leet, pall, direclly or indireclly, take, receive,
or make Benefit to his own Ufe, in Money, Goods, or any other Thing, to
to the Value of 12 d. by virtue or colour of any Demife or Grant of any of the
Profits, Perqttifites, or Amercements of any fuch Courts winch rightfully be-
long to the Lord, on Pain of 40 /. for every Offence, and of being difabled of
being Steward of fuch Court or of any other : One Moiety of the Forfeitures
to the Crown, and the other to the Profecutor.
3. An Information in Nature of a ^uoWarranto was moved for again!!
a Steward of a Court Leet for impamelling a Jury not only fummoned,
which the Bailiff is the proper Officer to do ; and they ihould all be
Freeholders: For they only have a Right to be Jurymen. But no Free-
holders were fummoned ; and 6 other Perfbns, who had no Right, be-
ing prefent in Court, were fworn; and 6 Freeholders, being like wile
in Court, refufed to be fworn becaufe they were not fummoned ; neither
would they ferve with thole who had no Right to be of the Jury j
whereupon the Steward fwqre 6 more; and the jury, thus qonihtuted
by the Steward of 12 Perlbns who had no Right to be Jurymen, chofe
the Bailiff and Conftables. This being the Fact, a Rule was made for
the Defendant to mew Caufe why an Information ihould not go againft
him. 8 Mod. 135. Trin. 9 Geo. 1724. The King v. Harrifon.
(F) yip-
59 6
Steward of Courts.
(F) Appointed Hozv.
S.P.Co.Litt. i. r~r~i HES E Stewards for the moft Part have Patents for their 01-
6t. b— S. P. ^ fices, yet they may be retained by Parol ; and this Retainer by
Kelw.158. Parol is as effectual in all Points before Dtfcharge, as the molt efte&ua'l
Mich.'i H. Inftitution by Patent; For a Steward thus retained may tah
B. bv Ki- out of Court, or make voluntary Admittances, or any other Act incident
rieuxjBrude- t o the Office of a Steward, as well as a Steward inliituted bv Patent.
nS^by T Co - Com P leat C °P> h - * 6 ' S - «â–
according v.
q 24$. pi. 79. Hill. S Eliz. S. P. held by the r amtjuflices which, ard alfo the fame being in the very
Words of Kelw. fhews it to be or.ly a Tranfciipt. Godb, 142.pl. 1-5. Trin. ; i I I, in
Cafe of Kla^robCM. CilOOO. Waliftfley f. held, That he may be Steward by Won
on that is when he holds a Court in Polleffion ; But he cannot b Steward out oFCouri .. tin n 1-
ten't becaufe he is then out of Poflefllon ; and then-fore it was the Opinion of the who!.- C >urt, That
the Surrender out of the Court to the Steward by Word was nor good. Le. 22". pi. 3 'afch. 33
Eliz. C. B. S. C. argued, and there a Difference was taken between a Steward of a Mam \ and a Stew-
ard of Courts, That a Steward of a Manor may take Surrenders in any Place, hut otherw i(c it is where
a Steward is retained to keep Courts, that all his Power is within the Court, ard not without. But this
Difference was denied of the other Side, and the Catlfe w as adjourn *d.- Lord of a Manor may rer .in
one to be a Steward of his Manor by Parol, and to hold the Courts thereof, and [his Retainer fnall
fervetill he be difcharged. 4 Rep. 29, 30. pi. 19. Pafch. 36 Eliz. Down v. Hopkins Cro. E. 32;.
pi. 1 1. S. C. but S P. does not appear.- 4 Rep. 30. pi. 20 Trin. 41 Eliz. B. R. Harry . v lay S. P.
a i1( j w here in Ejectment the QuelHon was, If Baron and Feme Copyholder, in .Right of his Feme
furrender out of Court into the Hands of the Steward ; and fhe was examined by him, it not being
proved that he was Steward by Patent, nor any Special Cuftom ro warrant it, whether it was good or
not â– and thc\ all refi Ived that it was : And Montague (aid, That he had known it to be lb adjudged.
Cro. J. $Z6. pi. 2. Pafch. 1 ; Jac. 13, R. Smithfon v. Cage.
2. But in the Ki fig's Manors, a Steward cannot be retained bv Parol,
by the Mouth oi the Auditor or Receiver ; but to make the Steward's
Authority currant, especially to make voluntary Admittances,' it is necef-
fary to have a Patent, and then by V irtue ot his Patent, without any lpe-
cial Authority or particular Cuitom, he may juftiry the making of any
voluntary Admittance upon Efeheats or Forfeitures, or the doing of any
Act belonging to his Office 3 But tho' he may Ex Oifirio do thoie Things
without Special Warrant, yet Duty binds him, before he makes any vo-
luntary Admittance, to inform the LdTreafurer of England, the Chancel-
lor, and Barons of the Exchequer, orfome of them, tor his better Direc-
tion, and the King's better Benefit. Co. Compleat Copyh. 56. S. 45.
(G) One /1'dhig as Steward (without Authority. JFhat
Alls oi his ihall be valid, and How.
1. TF Under-Steward holds Court Baron, and grants Copyholds to the
JL Tenants without Authority of the Lord, or High-Steward, this is
good j For it is in full Court j Contra where it is done out ol Court
without fuch Authority. Br. Court Baron, pi. 22. cites 2 E 6.
2. The Law is not very curious in examining the Imperfections of the
Steward's Perfon, nor the Unlawfulnefe of his Authority 3 for be he
an Infant, or Ncn compos Mentis, an Ideot, or Lunatick, an Outlaw, or
an Excommunicate, yet what Things foever he performs as incident to
his Place, can never be avoided lor any fuch Dilability, becaufe he
performs them as a Judge, or at lealt as Cullom's lnltrument ; And lor
his Authority, tho' it proves but Counterfeit if it come to exact Trial, yet
if in Appearance, or outward Shew, itfeems currant, that is fufficunt; As
if I grant the Stewardlhip of my Manor of Dale by Patent, and in the
Patentee's Abfence, a Stranger by my Appointment keeps Court, this is
authcntical. If a Grant ot a Stewardlhip be made to one, and tor lome
Fault or Defecf in the Grant, it is avoidable, yet Courts kept by him be-
icre the Avoidance llull Hand in Force 3 and what foever he did as Stew-