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17 Aug 1804
As every thing distreined
is presumed to be the
property of the wrong
doer, it follows that
such things wherein no
man can have an absolute
of valuable property
(as dogs, cats, rabbits,
of all animals ferae naturae)
cannot be distreined.
III 1.8.
Things fixed to the freehold
may not be distrained,
as caldrons, windows,
doors, & chimney
pieces, for they savor of
the realty. III 10
The remedy for excessive
distresses is by a
special action on the
statue of Marlbridge;
for an action of trespass
is not maintainable
upon this account, it
being no injury at the
common law. III 12.
By our excellent constitution the sole executive
power of the law
is vested in the person
of the king. III 23
In all...courts the
king is supposed in
contemplation of law
to be always present.
III 24
Records...are of
such high and super-eminent
authority, that
their truth is not to
be called in question.
For it is a settled rule
of maxim that nothing
shall be averred against
a record, not shall any
plea, or even proof,
be admitted to the contrary.
III 24
Formerly every suitor
was obliged to appear
[in court]in person///and an
idiot cannot to this day
eppear by attorney, but
in person; for he hath
not discretion to enable
him to appoint a proper
substitute. III 25.
The court of king's
bench ... is the supreme
court of common law
tho' the king himself
used to sit in this court,
&is still supposed so to
do; he did not, neither
by law is he is empowered,
to determine any cause
or motion but by the
mouth of his judges.
III 41
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