Plea (to trefpafs for taking three cows, and an affault); to trefpafs, that the king, feifed of the manor, granted the meffuages and two lofts, being cuftomary tenements, to J. for like; and that there is a custom that the wives may have their free bench, and the lords a berist for every houfe and loft after the death of each tenant; the king grant d the manor in fee, &c. and juftifies taking three cows for three heriots after the death of the tenant's wife, and to the alault, de inJultu proprio. Replication, that by cuftom cuftomary tenants in fee paid a heriot, and defendant de injuria took the cows, and taverfes cuftom alledged by defendant, 3. Br. 402.

Plea (to taking cattle) for not doing fuit to the hundred. Replication, that defendant milked the cows, and worked the horfes, Vet. Int. 155.

Plea that plaintiff holds the clofe of the prior by fealty rent fourteen pence and fuit of court, and defendant as fervant care into the close to diftrain for rent. Replication, that plaintiff held the clofe of the prior by twopence rent unpaid, and traverses holding by rent of fourteen pence, Ra. 672.

Plea, that plaintiff holds of defendant by feaity and rent of two fhillings, who dif trained cattle for rent. Replication, that he holds by feaity and rent of fixpence unpaid, and traverse that he holds by fealty and rent of two thillings, Ra. 672. Like plea. Replication, that the house is out of the fee, Ra. 672. Vet. int. 123. Replication, de injuria.

That plaintiff holds manor of R. whereof, &c. of the king as of the manor of D. parcel of the dutchy of Lanc after by homage, fealty, and rent. Replication, de injuria, Ra. 673. Vet. Int. 101.

That plaintiff holds houfe, &c. of defendant by fealty and rent, and that defendant came to diftrain for rent unpaid, and prays judgment of the writ profecuted vi et armis. Replication, that he did the trefpaís, and traverfes defendant's tenure, Ra. 680.

FOR FINES AND AMERCIAMENTS.

That bishop, feifed of the manor, had a view of frankpledge, and plaintiff was prefented there for ere&ting feven cottages for a nuifance to the lord of the manor, and was amerced there at feventy fhillings, for which defendant as bailiff of a manor, by the precept of the bithop (who by bailiff ufed to distrain for an amerciament forfeited within the manor) entered into the cottage and took the goods as a diftrefs for the amerciament, Tho. 311.

That R. feifed of manor, had a view of frankpledge, and plaintiff was refiant, and for not appearing fteward impofed a fine of forty thillings on him, and the lord of the manor used by bailiff to distrain for all fines; and becaufe plaintiff did not pay the fine defendants as bailiffs, and by command of R. took and diftrained the heifers (vacellus) until, &c. Tho. 347.

That the king, feifed of the hundred, held a court, and it was a cuftom within the hundred that the freeholders making default at court fhould be amerced at two hillings and eight pence, and bailiff of the fame hundred was used to deftrain for the amerciament unpaid, that plaintiff is a freeholder, and for feveral defaults and non-payment of them on demand of defendant bail of the hundred took the cow. Replication, de injuria, Bro R. 478. 1. Br. 177.

That defendant, bailiff of a manor, by the fteward's warrant, took the cattle to levy fix pounds forfeited by plaintiff for receiving inmates into their cottage, Co. Int. 655.

That abbey, feifed of the hundred had a torn belonging to it, to be held annually, and plaintiff was feited of land adjoining a pool in the highway, that plaintiff ought to repair, and or default of repairing was amerced by the jury at the court of the torn, and affeered at three thillings, and defendant, as bailiff, for the amerciament unpaid took the heifer. Replication, that plaintiff was poffeffed of

Ii 2

of the heifer as his own heifer, until the trefpafs, and traverfes the prescription to repair, Tho, 480. v. Br. 181. That J. feifed of manor, had a view of frankpledge, and plaintiff was prefented there for breaking a houfe in the night, and amerced at forty fhillings, for which bailiff of the manor, by warrant, diftrained on plaintiff by horse and goods, which remained for want of buyers. Replication, that he was not prefented, &c. Ra. 606.

Plea by one defendant as lord of the manor, juftification taking the goods for an amerciament in the leet for a nuifance, and traverse being guilty before; by the other, that he came to the aid of his mafter as his fervant, and traverfes as before. Replication, that locus, &c. is called C. which is without the precinct of the leet. Rejoinder, that locus, &c. is parcel of the wastes of the manor, and within the precinct of the leet, Ra. 605. Vet. Int. 156.

That W. feiled of hundred to which there belonged a leet, demised to C. who affigned to defendant, who took a cow for an amerciament of plaintiff inhabitant within the hundred, for default of the appearance at the court, and another amerciament for making an affray. Replication, de injuria, 3. Br. 461.

DISTRESSES DAMAGE FEASANT, &c.—CATTLE.

Plea, fon affault demefne to the affault, and juflifies taking the ram as a diftrefs damage feafant, Bro. Vad. 427.

Plea, by one defendant juftifying taking the horfe damage feafant, and by another that he came with him as a friend, Ra. Ent. 628. Plea fpecial by one defendant, by the other that he came as fervant, Ra. Ent. 632. 635.637.

Plea (to taking and leading away a cow), that he took the cow as a distress for rent, and led her to the pound, which plaintiff would have refcued. Replication, de injuria, &c. Wi. Ent. 984.

Plea (to chating a heifer), that defendant is feifed of the clofe in which he found the heifer damage feafant, and drove her into plaintiff's clofe adjoining. Repli cation, prefcribes in a right of way, Wi. Ent. 990.

Plea, juftification impounding a horfe. Replication, that he impounded him in a pound clofe (a houfe fhut up), fo that plaintiff could not give him fodder, &c. Rejoinder, that he impounded in pound overt, Cl. A.94

Plea (to chafing and ftriking a heifer), that locus, &c. is freehold of A. and defendant as his fervant took the cow damage feafant there, and railed, drove, and ftruck to impound, but traverfes that he fo violently chafed and ftruck till it died. Replication, and iffue on the traverfe, Bro. R. 496.

Plea (to taking and impounding sheep in a clofe called H.) of juftification damage feafant in the clofe of one of the defendants called the New Orchard, in R. with traverfe of chafing, taking, and impounding in the clofe in the declaration. Demurrer, and court inclined for defendant on the general demurrer, 2. Lut. 1447. Plea (to taking and leading away four foals at M. and taking and carrying away a gelding, and breaking his clofe called the Ley Ground), to the taking, &c. the tour foals and gelding, that he was poffeffed of a piece of pafture called, &c. and juflifies damage feafant; to the refidue, that at M. there are many clofes called Ley of Ground, but none without other additions, and that the clofe in quo, &c. was called Garlick's Ley of Ground his freehold, and fo juftifies. Demurrer, that pleas are double, and amount to the general iffue, and judgment for the plaintiff, because the firft plea, that defendant was poffeffed, &c. was not good, and being bad in part was bad for the whole, 2. Lut. 1489.

Plea as to part, non cul.; to refidue, juftification diftrefs of cattle under the authority of comm fioners of fewers under the great feal of England, and under the seal of

Our

our lord the king of his dutchy of Lancafter, Re. Dec. 406. Replication, de injuria, &c. and issue.

Plea as to part, non cul.; to refidue impounding cattle damage feafant, Re. Dec. 409.

Plea, juftification impounding cattle damage feafant as bailiff to the mayor and burgeffes of the borough of Christchurch, who were feifed in fee of the after pasture of B. mead every year after the grafs was mowed and the hay coming thereof was carried off until Candlemas following. Replication, de injuria, &c. and traverfes the feifin in fee of the mayor and the burgeffes. Rejoinder, and issue on the traverfe, Bro Vad. 424.

Plea of fon afault demefne to the affault, and to carrying away the plaintiff's ram juftifies as fervant to J. D. in the name of a diftrefs damage feafant. Replication, de injuria, &c. as to both, and iffues, Bro. Vad. 425.

That defendant took horse damage feafant in his freehold, and impounded him. Replication, plaintiff's freenold is not defendant's, Ra. 628.

That defendant and his wife are seised of one hundred acres of land in which defendant took and impounded heep damage feafant. Replication, de injuria, Ra. 628. Plea (to trefpafs for driving and ftriking sheep), that locus, &c. is freehold of defendant, who gently drove and ftruck them damage feafant, 3. Br. 144.

FOR FINES GOODS.

That locus, &c. defcended to T. who entered, and defendant as his fervant found the goods there damage feafant.

Plea, non cul. to part; to refidue, defendant juflifies taking the goods under a bye law or forfeiture of three fhillings and eightpence, for misconduct in the company of taylors at Exeter, 3. Lev. 276.

Juftification of taking and carrying away goods under a bye law of the taylors of the city of London, that if any perfon fhould abfent himself from a reasonable dinner, he should pay fuch proportion to the stock that the master fhould pay to his dinner, under a penalty of three fhillings and four pence, with power to diftrain; that plaintiff forfeited and did not pay, for which, &c. Demurrer, and judgment for plaintiff, "because no notice was given, nor precife demand made of the exact fum the mafter had paid," 2. Lut. 1320.

That city of N. was an ancient city, within which was a custom that no inhabitant or other perfon, not being free, fhould buy or fell any wares within the city of N. or to any perfon, not being free, under penalty of forfeiture of the wares fo bought and fold to the ufe, &c. that plaintiff being free bought leather of one R. who was not free, per quod the defendant as citizen in the name of a diftrefs for the forfeiture, feized and carried away the leather to the ufe, &c. Replication, that per fraudem it was agreed between the defendant and the faid R. that R. fhould fell the leather and affirm that he was free, that R. in buying of leather by defendant affirmed. Rejoinder, maintaining the bar, and traverse the agreement, and iffue, 2. Bro. 139. Like plea, Tho. 401.

That within the city there is a custom that the mafter of a company of Smiths fhould examine the iron wares imported by a ftranger to be fold at the market there, and the goods that are fraudulently made fhould carry to the mayor to examine, and and make order concerning them; the plaintiff a ftranger, imported the goods to be fold at market, and defendant being mafter, on examination, found them to be fraudulently made, per quod they carried to the mayor according to custom, &c. which is the fame taking and carrying away, Tho. 330. That the city of B. is an ancient city, and incorporated by name, &c. within which there was a custom that all goods by a ftranger bought of a ftranger were forfeited, to the mayor, &c. and as fuch liable to be feized to the ufe, &c. by any citizen; plaintiff,

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plaintiff being a ftranger, bought goods of the ftranger; that defendants, as citizens, took. Replication, protesting feveral matters; first, that there is no fuch cuftom; fecond, that he did not buy goods of a ftranger; third, that city is not an ancient city; for plea, maintains the declaration; and traverses that the citizens and free men of the city of B. were a body politic, incorporated by the name of, &c; Rejoinder, and ifiue on the traverse, Tho. 401. Like plea, 2. Bra.

139.

Plea (to trefpafs for taking forty fhoes and twenty pieces of leather), to part, non cul; to refidue, juftification by force of 1. Jac. 1. c. 22. (which is mif recited) Demurrer, and judgment for plaintiff, 2 Lut. 1402. Like juflification. Replica. tion, de injuria, &c. and iffue, Bro. Vad. 432.

That the town of B. was an ancient town incorporated, and plaintiff inhabited in the country, not being a freeman of the fame town, and on a certain day, not being in any market in the faid town, plaintiff brought the wares there to fell by retail, and fold parcel, &c. against the form of the ftatute; per quod, defendant being one of the bailiffs of the town, the residue of goods not fold he took as forfened. Replication, that plaintiff was an inhabitant in the town of T. which was a market town, and the cay in the declaration being market-day in the town of B. plaintiff brought wares to be fold in the public market. Demurrer, Bro. R. 489.

DISTRESSES, DAMAGE

FEASANT BY OCCUPIER. (See COMMONERS AND
RIGHT OF COMMON, post.)

Plea (to trefpafs for impounding fheep), that D. was feifed of a large waste called the H.; and defendant, as his fervant, took the cattle damage feafant. Replica. tion, that J. feited of the manor of C. had common in the wafte for his farmers and cultomary tenants for all cattle commonable upon the tenements levant, &c. and that plaintiff being cuftomary tenant of the mefuages and lands, put in the fheep. Rjoder, maintaining the plea, and travertes the prefcription, and if fue, 2. Bro. 269.

fi

That C. feifed of a clofe, &c. and defendant as his fervant, and by command of C. he gently drove the cattle damage fafant there out of the clofe. Replication, confefthe feilin of C. but that he being fifed of the menuages and land, had common in the clofe, &c. for all theep on the tenements levant, &c. throughout the year. Rejoinder, maintailing plea, and traveries prefcription and iffue, Tho. 19. Like replication of common for all cattle annually from a certain day to a certain other day, Tho. 335.

That W. ienied of a manor with a court leet, there was a custom for the homage to elect four tenants of the manor to overlook the common, and to impound the cattle of perfons not having common, that defendant being one, and i nding the cow damage feufant, impounded it. eplication, that L. feifed of the meffuages, &c. had commo. in locus, &c for all commionable cattle from a certain feast day to another fait day, and demited to plaintiff, who put in his cattle. Rejoinder, maintains pea, and traveries prefcription, Wi. Ent. 977

RENTS, SERVICES, FINES.

Plea, that deefndant feifed of houfes, demifed to plaintiff for years, rendering rent, and took gords for rent. Replication, de injuria, Tho. 313. 398. That J. fented, granted annual rent to W. for eight years from the death of J. who died, and W. was poffened of the annual rent and died inteftate, and aaminiṣra. tion granted to defendant, who diftrained for rent unpaid, The. 341.

Juftif

Juftification by direfs for rent arrear, Bro. Vad. 410. Demurrer, Ibid. 412. Ihat plaintiff held of defendant by falty and rent two fhillings, and diflrained for the rent. Replication, de injuria. The. 357. 419. Ra. 672. Replication, held by fixpence rent; and traverse held by fealty and rent.

That the manor of S. is held of the queen as of the honour of C.; that within the honour there is a cuftom, that upon defcent or alienation of lands held of the manor of S. the perfon to whom fuch lands fhould come pays to the lord of the honour fines called alienation, fines, for which the bailiff of the honour is used to impound and detain the goods and chattels until, &c. that lands whereof, &c. defcended to plaintiff, and for fine unpaid defendant, as bailiff of queen, took and impounded the cattle. Replication, de injuria; and traverfes the caftom, and iffie, Ro. Ent. 453. 2. Lut. 1298.

That plaintiff's father was feifed of two houfes held of the bishop as of his manor of K. by fealty, rent, and juit of court, and custom that the lord had the best beast for every house after the death of tenant for heriot; plaintiff's father died, and defendant, as fervant of the bishop, took the cattle as an heriot, Pl. Gen. 607. 2. Lut. 1310.

Plea (to trefpafs by executor for taking a cow), that lord of the manor had a customary berist after the death of tenant of the house and loft; and defendant, as fervant of lord of the manor, took the cow for an heriot. Demurrer special, and judgment for defendant, Wi. Ent. 62.

Plea, that A. feifed of meffuages, &c. demifed to T. for lives of B. J. and G. rendering rent and heriot, or three pounds in lieu thereof at the election of A. on the death of each B. J. and G. u lefs upon the death of J. living G. B. or by G. living B. or by G. living B. or J. &c. A. fold to W. from whom it defcended to D. who after the death of B. and J. took two oxen for a berict. Replication, that B. and J. are alive; and traverfe that either of them died before trefpais commited. Rejoinder, and iffac, Tho. 267.

That J. feifed of meffuages and lands held of the manor by fealty, rent, and suit of court, and that E. lord of the manor, had a cuftomary he iot of all tenants aliening. J. whilft fole, alienated and was poffeffed of a cow, and after married plaintiff; defendant, as fervant of E. took the cattle as bet beaft for alienation. Replication, protefting, &c.; for plea, that before E. had any thing in the manor . was feifed, who confirmed to one W. then feifed of the faid meffuage and lands, the whole eftate in them of the faid . by rent and fervice aforefaid, only to hold the eftate which plaintiff had in right of his wife, 1. Bro. 352. That P. S. defendant's grandfather, being feifed, demifed to D. E. his executor, and affigned for ninety-nine years, if he and one M. U. fhould fo long live, rendering after the death of D. and M. or either of them, the beft beat, or forty fhillings in lieu thereof, provided that no heriot should be after death of M. diving D.; that the reverfion, by feveral defcents, came to defendant, and D. took plaintiff to bufband and died, and afterwards M. died, on which, &c. Demurrer by plaintiff after oyer of indenture, 2. Lut. 1361.

Plea (to count againii hufband and wife for breaking and entering his clofe, and carrying away his goods), to all except breaking, &c. non cul, and to thofe a justifi cation for diftrefs by rent referved on leafe made by hufband to plaintiff. Replication, that the wife, after the diftrefs, used and fold the goods. Rejoinder, that it is a juftification by force of the ftatute W. and M. c. 5. which gives power to fell diftreffes. Demurrer and judgment for plaintiff for fault in the plea, 2. Lut.

1421.

Plea (to declaration for taking cattle 21ft of April 1701, and of other cattle on the fame day), a demife of part of a rectory referving rent, and that feventy-feven pounds ten fhillings was in arrear, and fo juftifies the firft taking for fixty two pounds ten fhillings parcel, and the lat taking for the refidue. Demurrer, and

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judg