clarke versus tucket lev fld l vide   in a action of trespass for enter of his  house and take four pewter dish of the plaintiff the defendant plead the  letter patent of Edward the that whereby the company of tailor in the city of  Exeter be incorporate and by the say letter patent they be to keep a feast  every year upon the feastday of saint John the baptist in some place of the  city belong to they and there to make order and bylaws c and that the say  corporation at a meeting hold the that of march in the saint year of the reign  of the late king Charles the second do make a ordinance or bylaw that if any  person be master or one of the chief warden of the corporation aforesaid at  any of their assembly shall reproach or revile the master or any of his  brother or any of the common council of the corporation he shall forfeit S and  d and if any other person or person of the say body shall revile or use any  unhandsome speech of the master warden or any of the say council he shall  forfeit S and d the say fine to be levy by distress upon a warrant under the  corporation seal and by sale of the offender good after four day notice give  Ventris er p of the fine so set forth and a allowance of the bylaw by the  justice of assize accord to the statute of Henry the that Ventris and further  say that the plaintiff be a member of the say corporation and have notice of  the say bylaw do at a assembly of the say master and warden in the common hall  say of the say master and warden in the say corporation these word videlicet  the master Self instructress guard innuendo be all a company of pickpocket  rogue and diverse other very scurrilous and reproachful word be set forth to  have be there speak of the say master and warden by the plaintiff whereby the  plaintiff forfeit S and d by the say bylaw which be demand of he and by he  neglect to be pay by the space of six day whereupon the say master make his  warrant direct to the defendant command he to levy the say S and d by distress  and sale of the good of the plaintiff and the defendant by virtue of the say  warrant do enter into the plaintiff house be then open and take the good in  the declaration mention nomin severity prout ei bene to be for sale and to  this plea the plaintiff demurrer and judgement be give for the plaintiff for a  corporation can make a bylaw to have a forfeiture levy by the sale of good    nor for forfeiture of good and here though the defendant only distrain neither  be the defendant charge with sell the good in the declaration yet the bylaw be  void as to the sell be void in toto and no justification can be upon it it be  also say at the bar that the distress be excessive to distrain so many dish  for S and d indeed a mail can sever a distress and therefore in some case a  distress of great value as a cart and horse may be take for a small matter  because not severable but here he may have take some of the dish but the court  do not regard that exception because it do not appear of what value the dish  be again it be say that they ought to have make the bylaw upon saint John  baptist day to which it be answer that they be not tie to the time but the  place it be ibidem to make in ranks and not adtunc ibidem but the court give  judgement upon the first matter