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DIstresse, is the thinge which is taken and di∣strained vpon any land for rent behind, or other duty, or for hurt done although that the propertie of the thing belongeth to a strā∣ger: But if they be beastes that belong to a stranger, it behooueth y• they were leuant or couchant vpon y• same ground, y• is to saye,
that the beastes haue béen vpon the ground certaine space, that they haue them selfe well rested there, or els they be not distraina∣ble for rent or seruice.
And if one distraine for rent or other thing with∣out cause lawfull, then the partie grieued shall haue a repleuin and vpon suretye found to pursue his action shall haue the distresse to him deliuered again. But there bee diuers thinges which be not distrainable, viz. another mans gowne in the house of a tailor, or cloth in the house of a ful∣ler, shéereman or weauer, for that they bee common artificers, & that the com∣mon presumption is, that such things belong not to the artificer, but to other persons which put them there to be wrought,
Also vitail is not distrei∣nable nor corne in sheues, but if they be in cart, for y• that a distresse ought to be alway of such things wher of the shirife may make re∣pleuin, & deliuer againe in as good case as it was at the time of the taking.
A man may distraine for homage & fealtie, & escu∣age, & other seruices & for ••ines and amerciamentes which bee assessed in a Leete, but not in a Court baron. And also for dam∣mage feasant, that is to say, when hee syndeth the beastes or goods of any o∣ther doing hurt or cum∣bring his ground. But a man may not distraine for any rent or thing due for any lande, but vpon the same land that is charged therewith: But in case where I come to distrain, and the other seeing my purpose chaseth y• beastes, and beareth the thing out, to the intent that I shall not take it for a distresse vpon the ground, then I may well pursue, and if I take it presently in y• high way, or in anothers ground, the taking is law∣full aswell there as vpon the land charged, to whom soeuer the propertie of the goods be.
Also for fines & amerci∣aments which be assessed in a léete, one may alway take the goods of him that
is so amerced, in whose groūd soeuer they be with∣in the iurisdiction of the Court as it is said. And when one hath taken a di∣stresse, it behooueth him to bring it to the common pound, or else he may keepe it in an open place, so that hee giue notice to the par∣tie, that hee (if the distres be a quicke beast) may giue to it foode, and then if the beast die for default of food, hee that was distrayned shalbe at the losse, and then the other might distraine againe for the same rent or duitie. But if hee car∣rie the distres to a holde, or out of the Countie, that the Shirife may not make deliuerance vpon the re∣pleuin, then the par••y vpon the returne of the Shirife, shall haue a writte of Wi∣thernam dyrected to the Shirife, that hee take as many of his beastes, or as much goodes of the other in his kéeping, till he hath made deliuerance of the first distres. And also if they bée in a forslet or Ca∣stel, the shirife may take with him the power of the
Countie, & beat downe the castell. As it appeareth by the statute West. 1. cap. 17. therefore looke the statute.