case read against burley material for cloth leave at the clothworker for the  purpose of be manufacture be not liable to a distress for rend see S c post  Bulst   Litt Mr Hargrave S note salk side l raym vent Prec Ch vent burr  replevin the defendant avow the take by reason that he be seize of a house be  theplace where c and let it to Brett for year render rend and jour rend arrear  he croak Elizabeth avow the take of so much yarn and a horse and pray relourn  averiorwn the plaintiff say that he be a clothworker and deliver certain wool  to he spin and the clothworker use to take back their yarn by weight and  because there be no weight there he send to the next village for weight and in  croak Elizabeth er p the mean time the avowant distrain that yarn be upon his  shoulder and the horse which he have there to carry the yarn upon this the  avowant demurrer Walmsley Heaumond and Owen absent Anderson hold that this  yarn be upon the plaintiff shoulder can not be distrain no more than a net in  a man hand as Richard be or a horse whereon a man ride or which be in a man  hand ButWalmsley hold that the horse be distrainable for it be not to he  resemble to a horse in a common hostry for that be in favour for the benefit  of the common wealth because a common hostry be a common place where man be to  herbage but if a man put his horse in the house of any private man he be  distrainable a and it be not material although he he not levant et coachant  for the reason that hest distrainable shall not he distrain for rend unless  they he levant el couchant be because that otherwise the owner by intendment  can have notice that they be there that he may have they again here the horse  be put there by the consent of the owner and with his privity but if this  house be a common place for weigh it will per adventure be otherwise Heaumond  and Owen contra for the trade of clothworker be necessary and to he favour and  this horse be not to he distrain no more than a horse which carry corn to  market and be puf into a friend house for the time he be not distrainable  which Walmsley deny and where a horse carry corn to a mill and be tie at the  milldoors during the grind of the corn he shall not he distrain which Walmsley  agree because it be a common place and for the public weal but they be not  alike but they all agree that the pray the return averiorum where there be but  one horse be ill but they doubt whether this fault be of form only and then it  be help by the statute of the Elizabeth c it be therefore adjourn b croak  Elizabeth easter term Elizabeth in the queen bench sir John Popham Knt chief  justice sir Thomas gawdy Knt John Clench Esq Edward Fenner Esq justice sir  Edward coke Knt attorneygeneral sir Thomas Fleming solicitor general