Of the Redress of Private Wrongs by the Mere Act of Parties

Section headings, the boxes marked "Added by the editor" and the reading list at the end are not part of Blackstone's text. Everything else is Blackstone's, from the Oxford first edition, with the long s printed as a modern s.

Wrongs and their remedies

At the opening of these commentaires¹ municipal law was in general defined to be, "a rule of civil conduct, prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong²." From hence therefore it followed, that the primary objects of the law are the establishment of rights, and the prohibition of wrongs. And this occasioned³ the distribution of these collections into two general heads; under the former of which we have already considered the rights that were defined and established, and under the latter are now to consider the wrongs that are forbidden and redressed, by the laws of England.

In the profectution of the first of these enquiries, we distinguished rights into two sorts: first, such as concern or are annexed to the persons of men, and are then called jura personarum, or the rights of persons; which, together with the means of acquiring and losing them, composed the first book of these commentaries: and, secondly, such as a man may acquire over external objects, or things unconnected with his person, which are called jura rerum, or the rights of things; and these, with the means of transferring them from man to man, were the subject of the second book. I am now therefore to proceed to the consideration of wrongs; which for the most part convey to us an idea merely negative, as being nothing else but a privation of right. For which reason it was necessary, that, before we entered at all into the discussion of wrongs, we should entertain a clear and distinct notion of rights: the contemplation of what is jus being necessarily prior to what may be termed injuria, and the definition of fas precedent to that of nesas.

Wrongs are divisible into two sorts or species; private wrongs, and public wrongs. The former are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals; and are thereupon frequently termed civil injuries: the latter are a breach and violation of public rights and duties, which affect the whole community, considered as a community; and are distinguished by the harsher appellation of crimes and misdemesnors. To investigate the first of these species of wrongs, with their legal remedies, will be our employment in the present book; and the other species will be reserved till the next or concluding volume.

The more effectually to accomplish the redress of private injuries, courts of justice are instituted in every civilized society, in order to protect the weak from the insults of the stronger, by expounding and enforcing those laws, by which rights are defined, and wrongs prohibited. This remedy is therefore principally to be sought by application to these courts of justice; that is, by civil suit or action. for which reason our chief employment in this volume will be to consider the redress of private wrongs, by suit or action in courts. But as some injuries are of such a nature, that they furnish or require a more speedy remedy, than can be had in the ordinary forms of justice, there is allowed in those cases an extrajudicial or eccentrical kind of remedy; of which I shall first of all treat, before I consider the several remedies by suit: and, to that end, shall distribute the redress of private wrongs into three several species; first, that which is obtained by the mere act of the parties themselves; secondly, that which is effected by the mere act and operation of law; and, thirdly, that which arises from suit or action in courts; which consists in a conjunction of the other two, the act of the parties co-operating with the act of law.

Redress by the act of the injured party

And, first, of that redress of private injuries, which is obtained by the mere act of the parties. This is of two sorts; first, that which arises from the act of the injured party only; and, secondly, that which arises from the joint act of all the parties together: both which I shall consider in their order.

Of the first sort, or that which arises from the sole act of the injured party, is,

Defence of oneself and one's family

I. The defence of one's self, or the mutual and reciprocal defence of such as stand in the relations of husband and wife, parent and child, master and servant. In these cases, if the party himself, or any of these his relations, be forcibly attacked in his person or property, it is lawful for him to repel force by force; and the breach of the peace, which happens, is chargeable upon him only who began the affray⁴. For the law, in this case, respects the passions of the human mind; and (when external violence is offered to a man himself, or those to whom he bears a near connection) makes it lawful in him to do himself that immediate justice, to which he is prompted by nature, and which no prudential motives are strong enough to restrain. It considers that the future process of law is by no means an adequate remedy for injuries accompanied with force; since it is impossible to say, to what wanton lenghs of reapine or cruelty outrages of this sort might be carried, unless it were permitted a man immediately to oppose one violence with another. Self-defence therefore as it is justly called the primary law of nature, so it is not, neither can it be in fact, taken away be the law of society. In the English law particularly it is held an excuse for breaches of the peace, nay even for homicide itself: but care must be taken that the resistance does not exceed the bounds of mere defence and prevention; for then the defender would himself become an aggressor.

Recaption or reprisal

II. Recaption or reprisal is another species of remedy by the mere act of the party injured. This happens, when any one hath deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant; in which case the owner of the goods, and the husband, parent, or master, may lawfully claim and retake them, wherever he happens of find them; so ti be not in a riotous manner, or attended with a breach of the peace⁵. The reason for this is obvious; since it may frequently happen that the owner may have this only opportunity of doing himself justice: his goods may be afterwards conveyed away or destroyed; and his wife, if he had no speedier remedy than the ordinary process of law. If therefore he can so contrive it as to gain possession of his property again, without force or terror, the law favours and will justify his proceeding. But, as the public peace is a superior consideration to any one man's private property; and as, if individual were once allowed to use private force as a remedy for private injuries, all social justice must cease, the strong would give law to the weak, and every man would revert to a state of nature; for these reasons it is provided, that this natural right of recaption shall never be exerted, where such exertion must occasion strife and bodily contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common, a fair, or a public inn, I may lawfully seise him to my own use: but I cannot justify breaking open a private stable, or entering on the grounds of a third person, to take him, except he be feloniously stolen⁶; but must have recourse to an action at law.

Entry on lands

III. As recaption is a remedy given to the party himself, for an injury to his personal property, so, thirdly, a remedy of the same kind for injuries to real property is by entry on lands and tenements, when another person without any right has taken possession thereof. This depends in some measure on like reasons with the former; and, like that too, must be peaceable and without force. There is some nicety required to define and distinguish the cases, in which such entry is lawful or otherwise: it will therefore be more fully considered in a subsequent chapter; being only mentioned in this place for the sake of regularity and order.

Abatement of nuisances

IV. A FOURTH species of remedy by the mere act of the party injured, is the abatement, or removal, of nusances. What nusances are, and their several species, we shall find a more proper place to enquire under some of the subsequent divisions. At present I shall only observe, that whatsoever unlawfully annoys or doth damage to another is a nusance; and such nusance may be abated, that is, taken away or removed, by the party aggrieved thereby, so as he commits no riot in the doing of it⁷. If a house or wall is erected so near to mine that it stops my antient lights which is a private nusance, I may enter my neighbour's land, and peaceably pull it down⁸. Or if a new gate be erected across the public highway, which is a common nusance, any of the king's subjects passing that way may cut it down, and destroy it.i. And the reason why the law allows this private and summary method of doing one's self justice, is because injuries of this kind, which obstruct or annoy such things as are of daily convenience and use, repuire an immediate remedy; and cannot wait for the flow progress of the ordinary forms of justice.

Distress for rent and other duties

V. A FIFTH case, in which the law allows a man to be his own avenger, or to minister redress to himself, is that of distreining cattle or goods for nonpayment of rent, or other duties; or, distreining another's cattle damage-feasant, that is, doing damage, or trespassing, upon his land. The former intended for the benefit of landlords, to prevent tenants from secreting or withdrawing their effects to his prejudice; the latter arising from the necessity of the thing itself, as it might otherwise be impossible at a future time to ascertain, whose cattle they were that committed the trespass or damage.

As the law of distresses is a point of great use and consequence, I shall consider it with some minuteness, by enquiring, first, for what injuries a distress may be taken; secondly, what things may be distreined; and, thirdly, the manner of taking, disposing of, and avoiding distresses.

When a distress may be taken

1. And, first, it is necessary to premise, that a distress¹⁰, districtio, is the taking of a personal chattel out of the possession of the wrongdoer into the custody of the party injured, to procure a satisfaction for the wrong committed. 1. The most usual injury, for which a distress may be taken is that of nonpayment of rent. It was observed in a former volume¹¹ that distresses were incident by the common law to every rent-service, and by particular reservation to rent-charges also; but not to rent-feck, till the statute 4 Geo. II. c. 28. extended the same remedy to all rents alide, and thereby in effect abolished all material distinction between them. So that now we may lay it down as an universal principle, that a distress may be taken for any kind of rent in arrear; the detaining whereof beyond the day of payment is an injury to him that is entitled to receive it. 2. For neglecting to do suit to the lord's court¹², or other certain personal service¹³, the lord may distrein, of common right. 3. For amercements in a court-leet a distress may be had of common right, but not for amercements in a court-baron, without a special prescription to warrant it¹⁴. 4. Another injury, for which distresses may be taken, is where a man finds beasts of a stranger wandering in his grounds damage-feasant; that is, doing him hurt or damage, by treading down his grass, or the like; in which case the owner of the soil may distrein them, till satisfaction be made him for the injury he has thereby sustained. 5. Lastly, for several duties and penalties inflicted by special acts of parliament, (as for assessments made by commissioners of sewers¹⁵,, or for the relief of the poor¹⁶) remedy by distress and sale is given; for the particulars of which we must have recourse to the statutes themselves: remarking only, that such distresses¹⁷ are partly analogous to the antient distress at common law, as being repleviable and the like; but more resembling the common law process of execution, by seising and selling the goods of the debtor under a writ of fieri facias, of which hereafter.

What may be distrained

2. Secondly; as to the things which may be distreined, or taken in distress, we may lay it down as a general rule, that all chattels personal are liable to be distreined, unless particularly protected or exempted. Instead therefore of mentioning what things are distreinable, it will be easier to recount those which are not so, with the reason of their particular exemptions¹⁸. And, 1. As every thing which is distreined is presumed to be the property of the wrongdoer, it will follow that such things, wherein no man can have an absolute and valuable property (as dogs, cats, rabbets, and all animals ferae naturae) cannot be distreined. Yet if deer (which are ferae naturae) are kept in a private inclosure for the purpose of sale or profit, this so far changes their nature by reducing them to a kind of stock or merchandize, that they may be distreined for rent¹⁹. 2. Whatever is in the personal use or occupation of any man, is for the time privileged and protected from any distress; as an ax with which a man is cutting wood, or a horse while a man is riding him. But horses, drawing a cart, may (cart and all) be distreined for rent-arrere; and also if a horse, though a man be riding him, be taken damage-feasant, or trespassing in anothers grounds, the horse notwithstanding his rider may be distreined and led away to the pound²⁰. 3. Valuabe things in the way of trade shall not be liable to distress. As a horse standing in a smith's shop to be shoed, or in a common inn; or cloth at a taylor's house; or corn sent to a mill, or a market. For all these are protected and privileged for the benefit of trade; and are supposed in common presumption not to belong to the tenant or a stranger, are distreinable by him for rent: for otherwise a door would be opened to infinite frauds upon the landlord; and the stranger has his remedy over by action on the case against the tenant, if by the tenant's default the chattels are distriened, so that he cannot render them when called upon. With regard to a stranger's beasts which are found on the tenant's land, the following distinctions are however taken; It they are put in by consent of the owner of the beasts, they are distreinable immediately afterwards for rent-arrere by the landlord²¹. So also if the stranger's cattle break the fences, and commit a trespass by coming on the land, they are distreinable immediately by the lessor for his tenant's rent, as a punishment to the owner of the beasts for the wrong committed through his negligence²². But if the lands were not sufficiently fenced so as to keep out cattle, the landlord cannot distrein them, till they have been levant and couchant (levantes et cubantes) on the land; that is, have been long enough there to have laid down and rose up to feed; which in general is held to be one night at least: and then the law presumes, that the owner may have notice, whither his cattle have strayed, and it is his own negligence not to have taken them away. Yet, if the lessor or his tenant were bound to repair the fences and did not, and thereby the cattle escaped into their grounds without the negligence or default of the owner; in this case, though the cattle may have been levant and couchant, yet they are not distreinable for rent, till actual notice is given to the owner that they are there, and he neglects to remove them²³: for the law will not suffer the landlord to take advantage of his own or his tenant's wrong. 4. There are also other things privileged by the antient common law; as a man's tools and utensils of his trade, the ax of a carpenter, the books of a scholar, and the like: which are said to be privileged for the sake of the public, because the taking them away would disable the owner from serving the commonwealth in his station. So, beasts of the plough, averia carucae, and sheep, are privileged from distresses at common law²⁴; while goods or other sort of beats, which Bracton calls catalla otiosa, may be distreined. But, as beasts of the plough may be taken in execution for debt, so they may be for distresses by statute, which partake of the nature of executions²⁵. And perhaps the true reason, why these and the tools of a man's trade were privileged at the common law, was because the distress was then merely intended to compel the payment of the rent, and not as a satisfaction for it's nonpayment: and therefore, to deprive the party of the instruments and means of paying it, would counteract the very end of the distress²⁶. 5. Nothing shall be distreined for rent, which may not be rendered again in as good plight as when it was distreined: for which reason milk, fruit, and the like, cannot be distreined; a distress at common law being only in the nature of a pledge or security, to be restored in the same plight when the debt is paid. So, antiently, sheaves or shocks of corn could not be distreined, because some damage must needs accrue in their removal: but a cart loaded with corn might; as that could be safely restored. But now by statute 2 W. & M. c. 5. corn in sheaves or cocks, or loose in the straw, or hay in barns or ricks, or otherwise, may be distreined as well as other chattels. 6. Lastly, things fixed to the freehold may not be distreined; as caldrons, windows, doors, and chimneypieces: for they favour of the realty. For this reason also corn growing could not be distreined; till the statute 11 Geo. II. c. 19. empowered landlords to distrein corn, grass or other products of the earth, and to cut and gather them when ripe.

How distresses are taken

Let us next consider, thirdly, how distresses may be taken, disposed of, or avoided. And, first, I must premise, that the law of distresses is greatly altered within a few years last past. Formerly they were looked upon in no other light than as a mere pledge or security, for payment of rent or other duties, or satisfaction for damage done. And so the law still continues with regard to distresses of beasts taken damage-feasant, and for other causes, not altered by act of parliament; over which the distreinor has no other power than to retain them till satisfsction is made. But distresses for rent-arrere being found by the legislature to be the shortest and most effectual method of compelling the payment of such rent, many beneficial laws for this purpose have been made in the present century; which have much altered the common law, as laid down in our antient writers.

In pointing out therefore the methods of distreining, I shall in general suppose the distress to be made for rent; and remark, where necessary, the differences between such distress, and one taken for other causes.

In the first place then, all distresses must be made by day, unless in the case of damage-feasant; an exception being there allowed, lest the beasts should escape before they are taken²⁷. And, when a person intends to make a distress, he must, by himself or his bailiff, enter on the demised premises; formerly during the continuance of the lease, but now²⁸ he may distrein within six months after the determination of such lease whereon rent is due. If the lessor does not find sufficient distress on the premises, formerly he could resort no where else; and therefore tenants, who were knavish, made a practice to convey away their goods and stock fraudulently from the house or lands demised, in order to cheat their landlords. But now²⁹ the landlord may distrein any goods of his tenant, carried off the premises clandestinely, wherever he finds them within thirty days after, unless they ahve been bona fide sold for a valuable consideration: and all persons privy to, or assisting in, such fraudulent conveyance, forfeit double the value to the landlord. The landlord may also distrein the beasts of his tenant, feeding upon any commons or wastes, appendant or appurtenant to the demised premises. The landlord might not formerly break open a house, to make a distress, for that is a breach of the peace. But when he was in the house, it was held that he might break open an inner door³⁰: and now³¹ he may, by the assistance of the peace officer of the parish, break open in the day time any place, locked up to prevent a distress; oath being first made, in case it be a dwelling-house, of a reasonable ground to suspect that goods are concealed therein.

Where a man is intitled to distrein for an intire duty, he ought to distrein for the whole at once; and not for part at one time, and part at another³². But if he distreins for the whole, and there is not sufficient on the premises, or he happens to mistake in the value of the thing distreined, and so takes an insuf ficient distress, he may take a second distress to complete his remedy³³.

Distresses must be proportioned to the thing distreined for. By the statute of Marlbridge, 52 Hen. III. c. 4. if any man takes a great or unreasonable distress, for rent-arrere, he shall be heavily amerced for the same. As if³⁴ the landlord distreins two oxen for twelvepence rent; the taking of both is an unreasonable distress; but, if there were no other distress nearer the value to be found, he might reasonably have distreined one of them. But for homage, fealty, or suit, as also for parliamentary wages, it is said that no distress can be excessive³⁵. For as these distresses cannot be sold, the owner, upon making satisfaction, may have his chattels again. The remedy for excessive distresses is by a special action on the statute of Marlbridge; for an action of trespass is not maintainable upon this account, it being no injury at the common law³⁶.

Impounding the distress

When the distress is thus taken, the next consideration is the disposal of it. For which purpose the things distreined must in the first place be carried to some pound, and there impounded by the taker. But, in their way thither, they may be rescued by the owner, in case the distress was taken without cause, or contrary to law: as if no rent be due; if they were taken upon the highway, or the like; in these cases the tenant may lawfully make rescue³⁷. But if they be once impounded, even though taken without any cause, the owner may not break the pound and take them out; for they are then in the custody of the law³⁸.

A POUND (parcus, which signifies any inclosure) is either pound-overt, that is, open overhead; or pound-covert, that is, close. By the statute 1 & 2 P. & M. c. 12. no distress of cattle can be driven out of the hundred where it is taken, unless to a pound-overt within the same shire; and within three miles of the place where it was taken. This is for the benefit of the tenants, that they may know where to find and replevy the distress. And by statute 11 Geo. II. c. 19. which was made for the benefit of landlords, any person distreining for rent may turn any part of the premises, upon which a distress is taken, into a pound pro hac vice, for securing of such distress. If a live distress, of animals, be impounded in a common pound-overt, the owner must take notice of it at his peril; but if in any special pount-overt, so constituted for this particular purpose, the distreinor must give notice to the owner: and, in both these cases, the owner, and not the distreinor, is bound to provide the beasts with food and necessaries. But if they be put in a pound-covert, as in a stable or the like, the landlord or distreinor must feed and sustain them³⁹. A distress of household-goods, or other dead chattels, which are liable to be stolen or damaged by weather, ought to be impounded in a pound-covert, else the distreinor must answer for the consequences.

When impounded, the goods were formerly, as was before observed, only in the nature of satisfaction; and upon this account it hath been held⁴⁰, that the distreinor is not at liberty to work or use a distreined beast. And thus the law still continues with regard to beasts taken damage-feasant, and distresses for suit or services; which must remain impounded, till the owner makes satisfaction, or contests the right of distreining, by replevying the chattels. To replevy (replegiare, that is, to take back the pledge) is, when a person distreined upon applies to the sheriff or his officers, and has the distress returned into his own possession; upon giving good security to try the right of taking it in a suit at law, and if that be determined against him, to return the cattle or goods once more into the hands of the distreinor. This is called a replevin, or which more will be said hereafter. At present I shall only observe, that, as a distress is at common law only in nature of a security for the rent or damages done, a replevin answers the same end to the distreinor as the distress itself; since the party replevying gives security to return the distressl, if the right be determined against him.

This kind of distress, though it puts the owner to inconvenience, and is therefore a punishment to him, yet, if he continues obstinate and will make no satisfaction or payment, it is no remedy at all to the distreinor. But for a debt due to the crown, unless paid within forty days, the distress was always saleable at the common law⁴¹. And for an amercement imposed at a court-leet, the lord may also fell the distress⁴²: partly because, being the king's court of record, it's process partakes of the royal prerogative⁴³; but principally because it is in the nature of an execution to levy a legal debt. And, so in the several statute-distresses, before-mentioned, which are also in the nature of executions, the power of sale is likewise usually given, to effectuate and complete the remedy. And, in like manner, by several acts of parliament⁴⁴, in all cases of distress for rent, if the tenant or owner do not, within five days after the distress is taken, and notice of the cause thereof given him, replevy the same with sufficient security; the distreinor, with the sheriff or constable, shall cause the same to be appraised by two swronn appraisers, and sell the same towards satisfaction of the rent and charges; rendering the overplus, if any, to the owner himself. And, by this means, a full and intire satisfaction may now be had for rent in arrerre, by the mere act of the party himself, viz. by distress, the remedy given at common law; and sale consequent thereon, which is added by act of parliament.

Before I quit this article, I must observe, that the many particulars which attend the taking of a distress, used formerly to make it a hazardous kind of proceeding: for, if any one irregularity was committed, it vitiated the whole, and made the distreinors trespassors ab initio⁴⁵. But now by the statute 11 Geo. II. c. 19. it is provided, that, for any unlawful act done, the whole shall not be unlawful, or the parties trespassors ab initio; but that the party grieved shall only have an action for the real damage sustained; and not even that, if tender of amends is made before any action is brought.

Seizing heriots

VI. The seizing of heriots, when due on the death of a tenant, is also another species of self-remedy; not much unlike that of taking cattle or goods in distress. As for that division of heriots, which is called heriot-service, and is only a species of rent, the lord may distrein for this, as well as seize: but for heriot-custom (which sir Edward Coke says⁴⁶, lies only in prender, and not in render) the lords may seize the indentical thing itself, but cannot distrein any other chattel for it⁴⁷. The like speedy and effectual remedy, of seizing, is given with regard to many things that are said to lie in francise; as waifs, wrecks, estrays, deodands, and the like; all which the person entitled thereto may seize, without the formal process of a suit or action. Not that they are debarred of this remedy by action; but have also the other, and more speedy one, for the better asserting their property; the thing to be claimed being frequently of such a nature, as might be out of the reach of the law before any action could be brought.

Redress by the joint act of the parties

These are the several species of remedies, which may be had by the mere act of the party injured. I shall, next, briefly mention such as arise from the joint act of all the parties together. And these are only two, accord, and arbitration.

Accord

I. Accord is a satisfaction agreed upon between the party injuring and the party injured; which, when performed, is a bar of all actions upon this account. As if a man contract to build a house or deliver a horse, and fail in it; this is an injury, for which the sufferer may have his remedy by action; but if the party injured accepts a sum of money, or other thing, as a satisfaction, this is a redress of that injury, and entirely takes away the action⁴⁸. By several late statutes, particularly 11 Geo. II. c. 19. in case of irregularity in the method of distreining; and 24 Geo. II. c. 24. in case of mistakes committed by justices of the peace; even tender of sufficient amends to the party injured is a bar of all actions, whether he thinks proper to accept such amends or no.

Arbitration

II. Arbitration is where the parties, injuring and injured, submit all matters in dispute, concerning any personal chattels or personal wrong, to the judgment of two or more arbitrators; who are to decide the controversy: and if they do not agree, it is usual to add, that another person be called in as umpire, (imperator) to whose sole judgment it is then referred: or frequently there is only one arbitrator originally appointed. This decision, in any of these cases, is called an award. And thereby the question is as fully determined, and the right transferred or settled, as it could have been by the agreement of the parties or the judgment of a court of justice⁴⁹. But the right of real property cannot thus pass by a mere award⁵⁰: which subtilty in point of form (for it is now reduced to nothing else) had it's rise from feodal principles; for, if this had been permitted, the land might have been aliened collusively without the consent of the superior. Yet doubtless an arbitrator may now award a conveyance or a release of lands; and it will be a breach of the arbitration-bond to refuse compliance. For, though originally the submission to arbitration used to be by word, or by deed, yet both of these being revocable in their nature, it is now become the practice to enter into mutual bonds, with condition to stand to the award or arbitration of the arbitrators or umpire therein named⁵¹. And experience having shewn the great use of these peaceable and domestic tribunals, especially in settling matters of acocunt, and other mercantile transactions, which are difficult and almost impossible to be adjusted on a trial at law; the legislature has now established the use of them, as well in controversies where causes are depending, as in those where no action is brought, and which still depend upon the rules of the common law: enacting, by statute 9 & 10 W. III. c. 15. that all merchants and others, who desire to end any controversy, (for which there is no other remedy but by personal action or suit in equity) may agree, that their submission of the suit to arbitration or umpirage shall be made a rule of any of the king's courts of record: and, after such rule made, the parties disobeying the award shall be liable to be punished, as for a contempt of the court; unless such award shall be set aside, for corruption or other misbehaviour in the arbitrators or umpire, proved on oath to the court, within one term after the award is made. And, in consequence of this statute, it is now become a considerable part of the business of the superior courts, to set aside such awards when partially or illegally made; or to enforce their execution, when legal, by the same process of contempt, as is awarded for disobedience to such rules and orders as are issued by the courts themselves.

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Blackstone's notes

1. 1. Introd. §. 2.
2. 2. Sanctio justa, jubeans honesta, et prohibens coutratia. Cic. 11 Philipp. 12, Bract. l. I. c. 3.
3. 3. Book I. ch. 1.
4. 4. 2 Roll. Abr. 546. 1 Hawk. P. C. c. 131.
5. 5. 3 Inst. 134. Hal. Anal. §. 46.
6. 6. 2 Roll. Rep. 55, 56. 208. 2 Roll Abr. 565, 566.
7. 7. 5 Rep. 101. 9 Rep. 55.
8. 8. Salk. 459.
9. 9. Cro. Car. 184.
10. 10. The thing itself taken by this process as well as the process itself, is in our law-books very frequently called a distress.
11. 11. Book II. ch. 3.
12. 12. Bro. Abr. tit. disress. 15.
13. 13. Co. Litt. 46.
14. 14. Brownl. 36.
15. 15. Stat. 7 Ann. c. 10.
16. 16. Stat. 43 Eliz. c. 2.
17. 17. 4 Burr. 589.
18. 18. Co. Litt. 47.
19. 19. Davis v. Powel. C. B. Hil. 11 Geo. II.
20. 20. 1 Sid. 440.
21. 21. Cro. Eliz. 549.
22. 22. Co. Litt. 47.
23. 23. Lutw. 1580.
24. 24. Stat. 51 Hen. III. st. 4. de districtiont fcaccarh.
25. 25. 4 Burr 589.
26. 26. Ibid. 588.
27. 27. Co. Litt. 142.
28. 28. Stat. 8 Ann. c. 14.
29. 29. Stat. 8 Ann. c. 14. 11 Geo. II. c. 19.
30. 30. Co. Litt. 161. Comberb. 17.
31. 31. Stat. 11 Geo. II. c. 19.
32. 32. 2 Lutw. 1532.
33. 33. Cro. Eliz. 13. Stat. 17. Car. II. c. 7. 4 Burr. 590.
34. 34. 2 Inst. 107.
35. 35. Bro. Abr. 5. assise. 291. prerogative. 98.
36. 36. 1 Ventr. 104. Fitzgibb. 85. 4 Burr. 590.
37. 37. Co. Litt. 160, 161.
38. 38. Ibid. 47.
39. 39. Co. Litt. 47.
40. 40. Cro. Jac. 148.
41. 41. Bro. Abr. t. distress. 71.
42. 42. 8 Rep. 41.
43. 43. Bro. Ibid. 12 Mod. 330.
44. 44. 2 W. & M. c. 5. 8 Ann. c. 14. 4 Geo. II. c. 28. 11 Geo. II. c. 19.
45. 45. 1 Ventr. 37.
46. 46. Cop. §. 25.
47. 47. Cro. Eliz. 590. Cro. car. 260.
48. 48. 9 Rep. 79.
49. 49. Brownl. 55. 1 Freem. 410.
50. 50. 1 Roll. Abr. 242. Lord Raym. 115.
51. 51. Appned. No. III. §. 6.