Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	act_n	king_n	parliament_n	3,039	5	6.6283	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34174	The compleat sheriff wherein is set forth, his office and authority, with directions, how and in what manner to execute the same, according to the common and statute laws of this kingdom, which are now in force and use, and the judgments and resolutions of the judges in divers late cases, in the several courts of Westminster, relating thereunto : likewise of vnder-sheriffs and their deputies, and where the high-sheriff shall be answerable for their defaults, and where not, &c. : together with the learning of bail bonds, with an explication of Stat. 23 H.6. cap. 10 and pleadings thereon : retorns of writs, remedies against non retorn and faux retorn, Habeas corpus, Venires, challenges and enquiry of damages, prisoners and prisons, execution by fieri fac, elegit, &c. : escapes, actions and pleadings therein, fresh pursuit, and other pleas, attachment, americament : actions, declarations and pleadings on the sheriffs nonfesance or male-fesance : customs of London, as to prisons, courts, process, sheriffs fees, extortion, sheriffs accompts, &c, : to which is added The office and duty of coroners.		1696 (1696)	Wing C5653; ESTC R1060	279,424	488

shew the time and place of the Arrest was That the Defendant should not let at Large any Prisoner arrested without the Sheriffs Warrant The Plaintiff shews the Defendant had let such a Prisoner at Large at Westminster c. it is good without shewing the time and place of the Arrest For the Escape is the Material part of the Covenant and the manner of the Arrest is not in Question and whether he were legally taken or imprisoned was not material when he was suffered to go at Large Siderfin p. 30. Jenkin's Case The Condition of the Bond was Whereas For a Bayliff of an Hundred to make true Retorn of all his Writs Pleading S. was Sheriff of Surrey and made T. Bayliff of the Hundred of B. Now if he should execute his Office c. and make true Retorn of all Writs directed to him then c. Defendant pleads on Oyer particularly performance to all Plaintiff Replies Process was directed to him to levy Issues on J. S. and that he made his Warrant to T. to Execute the same which Warrant he did not Retorn On Demurrer Judgment was against the Plaintiff because he did not shew that the Issues were to be Levied in the Hundred of B. For tho' the words are general to make Retorn of all Warrants directed to him yet it was to be understood of such only as were to be Executed in his own Hundred of which he was Bayliff Allen p. 10. Slaughter and Day 2 Sand. 414 415. mesme Case cited there Debt on Bond by Under-sheriff to defray the Expence of the High-sheriff and Performance To pay the Expence of the High-sheriff pleaded Plaintiff Replies J. S. recovered in Charges in carrying the Prisoner from Chelmsford to London not shewing it was done by virtue of Habeas corpus Defendant Rejoyns This was by private Agreement Plaintiff Demurs because it was not Concluded to the Country Per Cur ' There must be a Compulsion shewed by Habeas corpus to the Sheriff of Essex without which he cannot deliver him over to another Sheriff and then there is an Allowance upon the Account in the Exchequer in case of Transporting being Signed by the Judges And the Court gave leave to Discontinue 3 Keb. 448 Lewen and Allcock As to the Form of the Indentures and Covenants between the High-sheriff and Under-sheriff vide Dalton Greenwood of Courts and several other President Books CHAP. XXXIII Of Sheriffs Accompts AS for the Periods of Time wherein the manner of the Sheriffs Accompting to the King have been altered by Acts of Parliament and Practice you may peruse a Learned Treatise of the late Lord Chief Justice Hales touching Sheriffs Accompts You find there how the King's Farms were anciently Answered by the Sheriffs and the manner of the Collecting of the Kings Revenues of the County Now that which was Firmi Comitatus were the Vicountiel Rents and they came under various denominations viz. Blanch-Rents Albo firmae Praestatio pro pulchrè placitando Visus Frankpledg ' Redditus ad Turnum Certum Letae and these were in time contracted to a sort of Annual Revenues And the uncertain Annual Revenue was called Proficuum Comitatus which in ancient Times was considerable when most Law-Suits were Transacted in Counties and in Hundred Courts Fines Issues and Amerciaments in those Courts and in those elder Times they were considerable The Farm of the Bailywick of one County was let at 100 l. per Annum temp H. 3. but by Stat. 27. H. 6. c. 10. the Sheriff is restrained from Letting his Bailywick to Farm But these were formerly and now are answered at two Terms in the year Michaelmass and Easter and are called proferae Vicecomitis or Sheriffs proffers But it is as it were a Mock-payment now being so inconsiderable most Causes being tryed in Superiour Courts for upon Account he generally has all his Proffers paid and allowed to him again Vide ●he Statute of 4 H. 5. 2. 34 H. 8. c. 16. Since the Statute of 34 H. 8. c. 16. the Sheriffs might discharge themselves of the Casual Charges or Annual uncertain Charges and most ordinarily after this Statute did discharge themselves of the entire Firmae de proficuis Comitatus and they ascertained to the Court that there were no such profits beyond the charge in collecting them or that the charge of keeping the County Court the Tourn and Hundred Courts which were the things that made up the Firma de proficuis surmounted the benefit And this Making appear was no other than the Oath of the Sheriff and the Statute gives him that benefit Yet tho' the Sheriffs did use to discharge themselves by their Oaths of the entire Fermae de proficuis Comitatus and of a great part of the Vicountiels yet till Anno Dom. 1650. these entire Farms were constantly written out in Charge to the Sheriff upon the Summons of the Pipe tho' it was but a piece of Formality But now the Firmae de proficuo Comisat ' is wholly put out of the Charge of the summons of the Pipe by an Order made in the Exchequer 1650 which is followed to this day By the Act in Car. 2. Entituled An Act for the preventing the unnecessary delays of Sheriffs in passing their Accounts No Sheriff shall be charged in Account to answer any illeviable Seisure Farm Rent or Debt or other thing which was not writ in Process to him or them to be levied wherein the persons of whom or the Lands or Tenements out of which together with the Cause for which the same shall be so levied shall be plainly and particularly expressed but shall be thereof wholly discharged without Petition Plea or other trouble or charge whatsoever If the Sheriff shall seise the Goods of one that is Outlawed c. and does not accompt for the same the Owner of the Goods may have Action of Trespass upon such Seisure and shall recover the Goods or the value thereof in Damages For the Sheriff must plead that he has accounted for them otherwise he shall be a Trespassor ab initio Note The Sheriff is Accountable in respect of his Office but if he be made sine Computo he has by this the Profits to his own use 1 Roll. Rep. 183. O. N. in the Exchequer makes the Sheriff Debtor to the King and the Debtor himself Debtor to the Sheriff Hob. 206. Speake and Richard's Case CHAP. XXXIV Of Coroners How the Coroners must be chosen and the Credit the Law gives to them and how when they shall be discharged The Demeanours as to Outlawries Coroners Inquest Of Coroners c. THe Office of Coroner ever was and yet is 4 Rep. 41. Heydon 8 Rep. 41. Gr●nly's Case 5 Rep. Specot's Case 4 Rep. 45. Wrote's Case 9 Rep. 31. Strat. Mar. 5 Rep. 108. de Wreck 10 Rep. Denband St. 28 Ed. 3. c. 6. Elect. of ●oroners Vid. 4 Inst 271. Mag. Ch. 17. cap. W. 1. c. ●0 Artic. super Chart. c. 3. Eligible in full County by