The Statutes at Large (Ruffhead)/Volume 1/Distress Act 1275 (c.17)
The Remedy if the Distress be impounded in a Castle or Fortress.
IT is provided also, That if any from henceforth take the Beasts or other and cause them to be driven into as Castle or Fortress, and there within the Close of such Castle of Fortress do withhold them against Gage and Pledges, whereupon the Beasts be solemnly demanded by the Sheriff, or by some other Bailiff of the King's; at the Suit of the Plaintiff, the Sheriff or Bailiff, taking with him the Power of the Shire or Bailiwick, do assay52 H. 3. c. 5 & 21.
See 13 Ed. I. stat. I. c. 39. giving directions to Sheriffs if they find resistance.
2 Inst. 192. to make a Replevin of the Beasts from him that took them, or from his Lord or from other, being Servants of the Lord (whatsover they be) that are found in the Place whereunto the Beasts were chased; if any deforce him of the the Deliverance of the Beasts, Or that no Man be found for the Lord, or for him that took them, for to answer and make the Deliverance, after such time as the the Lord or Take shall be admonished to make Deliverance by the Sheriff or Bailiff, if he be in the Countrey, or near, or there whereas he may be convenietly warned by the Taker, or by any other to make his Deliverance;
(2) if he were out of the Countrey when the taking was, and did not cause the beasts to be delivered incontinent, that the Kings for the Trespas and Despite, shall cause the said Castle or Fortress to be beaten down without Recovery;
(3) And all the Damages the Plaintiff hath sustained in his Beasts, or in his Gainure, or any otherwise (after the first demand made by the Sheriff or Bailiff) of the Beasts, shall be restored to him double by the lord, or by him that took the Beasts, if he have whereof;
(4) and if he have not whereof, he shall have it of the Lord, at what time, or in what manner the Deliverance be made, after the Sheriff or Bailiff shall come to make Deliverance;
A Non omittas to the Sheriff if the Bailiff do not execute the Writ
52 H. 3. c. 21.(5) and it is to wit that where the Sheriff ought to return the King's Writ to the Bailiff of the Lord of the Castle or Fortress, or to any other, to whom the Return belongeth, if the Bailiff of the Francise will not make Deliverance after that the Sheriff made his Return unto him, then shall the Sheriff do his Office without further Delay, and upon the aforesaid pains;
(6) And in like manner Deliverance shall be made by Attachment of Plaint made without Writ, and upon the same pain.
(7) And this is to be intended in all Places where the King's Writ lieth
Marches of Wales(8) And if that be done in the Marches of Wales, or any other Plce, where the King's Writs be not current, the King, which is Sovereign Lord over all, shall do Right there unto such as will complain.
- Not in Original.
- Add as is aforesaid and upon, &c.