Page:Ruffhead - The Statutes at Large, 1763.djvu/77

CAP. II.
None but Suitors shall be distrained to come to a Court.

^[1]MOreover, none (of what Estate soever he be) shall distrain any to come to his Court, which is not of his Fee, or upon whom he hath no Jurisdiction, by reason of Hundred, or Bailiwick; (2) nor shall take Distresses out of the Fee or Place where he hath no Bailiwick^[2] or Jurisdiction: (3) And he that offendeth against this Statute, shall be punished in like manner, and that according to the Quantity and Quality of the Trespass.

Enforced by 3 Ed. 1. c. 16. And see the References to the foregoing Chapter.

1. Fitz. Barre, 281.; 2 Inst. 104.
2. For where he hath no Bailiwick, &c. read where he hath Bailiwick, &c.

CAP. III.
A Lord shall not pay a Fine for distraining his Tenant.

The Punishment for unlawful Distress.

IF any, of what Estate soever he be, will not suffer such Distresses as he hath taken, to be delivered by the King's Officers, after the Law and Custom of the Realm,  (2) or will not suffer summons, Attachments, or Executions of Judgments given in the King's Court, to be done according to the Law and Custom of the Realm, as is aforesaid, he shall be punished in manner aforesaid, as one that will not obey the Law, and that according to the Quantity of the Offence.^[1] 

The Lord distraining his Tenant shall not pay a fine.

^[2](3) And if any, of what Estate soever he be, distrain his Tenant for Services and Customs being due unto him,^[3] or for any other Thing, for which the Lord of the Fee hath Cause to distrain, and after it is found that the same Services are not due, the Lord shall not therefore be punished by Fine, as in the Cases aforesaid, if he do suffer the Distresses to be delivered according to the Law and Custom of the Realm; but shall be amerced as hitherto hath Trespass, been used, and the Tenant shall recover his Damages against him.

Enforced by 3. Ed. 1. c. 17. which provides a remedy if the Distress be impounded in a Castle, &c.

See the References to Chap. 1.

1. The words in Italicks not in the Original.
2. Bro. Trespass, 16, 384.; 5 H. 7. c. 9.; 2 Inst. 105.
3. For being due unto him, read which he allegdes to be due unto him.

CAP. IV.
A Distress shall not be driven out of the County. And it shall be reasonable;

^[1]NOne from henceforth shall cause any Distress that he hath taken, to be driven out of the County where it was taken;  (2) and if one Neighbour do so to another of his own Authority, and without Judgment, he shall make Fine (as above is said) as for a Thing done against the Peace:  (3) Nevertheless, if the Lord presume so to do against his Tenant, he shall be grievously punished by Amerciament. 

Distresses shall be reasonable.

^[2](4) Moreover, Distresses shall be reasonable, and not too great.  (5) And he that taketh great and unreasonable Distresses, shall be grievously amerced for the Excess of such Distresses.

Enforced by 3 Ed. 1. c. 16. 

Enforced and Amended by 1 & 2 P. & M. c. 12. 

Enforced by 28 Ed. 1. stat. 3. c. 12. See the References to Chap. 1.

1. Fitz. Bar. 120, 275,; 29. Ed. 2. c. 23. ☞ This seems to be a mistaken reference, there being no Stat. in 29th of Ed.3. Kel. 50.
2. 2. Inst. 106.

CAP. V.
A Confirmation of the Great Charter, and the Charter of the Forest.

^[1]THE Great Charter shall be observed in all his Articles, as well in such as pertain to the King, as to other; and that shall be enquired afore the Justices in Eyre in their Circuits, and afore the Sheriffs in their Counties, when need shall be. (2) And Writs shall be freely granted against them that do

1. 5 E. 4. 13.

offend,