by his Resignatio the authority of the Sherife and of all his officers doth determine and cease And therefore it is vsed presently in the next Kings time to sue out new Patents of this Office and of Assistance The old Sherife may execute his office vntill hee hath his Writ of Discharge after he is discharged scz after his writ of Discharge deliuered to him or deliuered to the Vnder-Sherife sitting in the County Court neither he nor his Vnder-Sherife ought to make any Warrant for the arresting of any man Neither may they make retorne of any Writ And yet the Writs which are set ouer in the Indenture betweene the Sherifes if they haue beene executed by the old Sherif theÌ„ they must be retorned by him or in his name and indorsed or subscribed by the new Sherife after this manner Istud breue prout indorsatur mihi deliberatum fuit per R.S. Armiger ' nuê‘ vic' prox praedecessor ' meum in exit ' ab Officio suo A. B. Miles vicecom ' Also if the old Sherife hath serued any Processe and before the day of the Retorne thereof he be difcharged and that it happen to be left out of the Indenture and feareth that the Writ should be embeaseled by his successor he may deliuer the Writ so by him serued into the Court and thereupon the said Writ shall bee deliuered in Court to the new Sherife and a speciall entrie thereof shall be made in discharge of the old Sherife Also the old Sherife after hee is out of his Office may notwithstanding by â—he appointment of the Court amend any Retorne by him erroniously made The old Sherife after hee is discharged may also sell any goods formerly extended by him whilest hee was in Office Plus hic cap. 22. 5 The new sherife at his first County Court holden after his election and the discharge of the old Sherife must cause to bee read his Patent of his Office and his writ of Assistance and must also nominate his Vndersherife and must depute or appoint and proclaime foure Deputies at the least in the Countie to make Repleuins in the sherifes name which Deputies must dwell not past twelue miles asunder in euerie quarter of the Countie one Also the new sherif before he returne any writ must haue a deputie of record in euerie of the Courts of Chancerie Kings Bench Common place and Exchequer there to receiue all writs and Warrants to be directed to the Sherife c. sub poena 40. li. and treble dammages c. And such Deputies must be made by Warrant of Atturney from the High-Sherife and in writing CHAP. 3. NO Sherife Vnder-Sherife nor Sherifes Clerke shall abide in his Office aboue one yere sub poena 200 pounds No Sherife or Vnder-Sherife shall be in the same Office againe within the same Countie within three yeres after c. sub poena 200 li. But yet persons inheritable to the office of Sherife or Vnder-Sherife the Sherifes and Vnder-sherifes of London and of Bristoll are excepted Also the King by his Prerogatiue may grant the Office of a Sherife for yeares life or in fee. Euerie Sherife must dwell and bee resident in person within the County where he is Sherife during the time of his Office except he be otherwise licensed by the King A Sherife hath no authoritie or power within another Countie Neither may they exercise their Office out of their Countie And yet the sherife being out of his Countie may make a pannell or may make any Retorne Also by force of the Kings Writ to carrie a prisoner out of the Countie c. the Sherife may carrie or send by baston his prisoner to the place appointed him although it bee through diuers other Counties Also if a prisoner of his own wrong shall make an escape and flie into another Countie the Sherife or his Officers vpon fresh suit may there take him againe No Sherife shall let to farme his Office in any manner nor his County nor any of his Bailiwickes or Hundreds nor any of his Courts sub poena fortie pounds And yet the Sherife may appoint vnder him his Vnder-sherife and his Baylifes and Deputies all which doe vse their place in the right of the Sherife and as his seruants but they may not be Lessees or Fermors thereof and so to occupie their place or take the profits thereof in their owne right For the Sherife may not let the profits issues or reuenues of his Countie or the profits pertaining to his Office Now these seeme to be the fees annuities rents fermes issues fines amerciaments escheats estrayes goods of Felons and fugitiues and other like casuall profits belonging to the Sherifes office to gather and where the King maketh one Sherife sine compoto there the Sherife shal haue these things or profits to his owne vse otherwise the Sherife shall be accountable for them and yet he is not accountable for them sauing in a grosse summe for the ferme of the profits of the Countie Tamen quaere See hic ca. 11. 125. CHAP. 4. The authoritie and power of the Sherife THe authoritie of the Sherife is in some cases absolute or iudiciall and in some cases ministeriall Their absolute or Iudiciall power is in these things following By the antient Common Law the Sherife and Coroners were Iudges and in the Tourne Sherifes in the Countie Court the Sherife and Coroners together did hold plea of felonies and of other things pertaining to the Crown And in the time of the Saxons most suits in the Common Law were Viscountiel and held before the Sherife in the County court yea vntil the NormaÌ„ Conquest a iurisdiction of causes Ecclesiasticke was also exercised ioyntly by the Bishop and sherife at the county Court But now by the Statute of Magna Charta cap. 17. no Sherife shall hold plea of any thing pertainâ—â—g to the Kings Crowne scz They shall not hold plea of any Freehold or Lands nor of any felonie or trespasse vi armis or of any other thing touching the Crowne or against the peace of the King his Crowne or dignity to heare and determine the same And yet Appeales of Felonies and of Mayhem and Rape may be sued by Bill in the Countie Court at this day Hic cap. 111. Also the Sherifes in their Court Leet or Tourne may enquire of Treasons homicides other felonies of common Trespasses and in some cases may imprison fine binde ouer or otherwise punish offendors Hic cap. 109. In the Countie Court they may hold plea of lands by a Iusticies but otherwise they cannot In their Countie Court they may also by playnt hold plea de auerijs captis detentâ—s c. which plea properly belongeth to the Crowne In their Countie Court they may take a Recognisance for a debâ— between partie and partie Hic cap. 115. Hee which hath a pardon for any manner of felonie ought to be bound to the good behauiour before the Sherife and Coroners c. Also
c. Note that the Kings Suits shall bee preferred and his debts shall bee first payd But for the kings Debts the Sherife is not chargeable or accomptable neither may he distreine for or otherwise leuy the same without Proces or other warrant CHAP. 11. Issues THe word Issues in our Law seemeth to be taken three wayes or in three manners to this our purpose 1 First For the Issues and profits of lands or tenements as where the King is entituled to haue the Lands or profits of lands of persons attainted or outlawed or for alienation without Licence or in mortmaine for a condition broken or the like whereof postea 2 Secondly For such Issues profits of the Countie which goe vnder the name of Viscountiels whereof hic Cap. 3. hic postea 3 Thirdly For Issues to be lost for default of apparance scz by Iurors or by the Tenant or Defendant c. of which here For this last sort these Issues are sometimes set by the Court as an Amerciament fine forfeiture paine or punishment for default of appearance of Iurors Mainpernors or Pledges and sometimes of Witnesses And these Issues or profits thus growing due to the King are to be leuied by the Sherife c. Sometimes these Issues are set and returned by the Sherife to the end to cause an appearance of Iurors of the Tenant and Defendant and these also are to be leuied by the Sherife to the Kings vse Sometimes the lands themselues shal be seised by the Sherife into the Kings hands for default of appearance of the Tenant in a reall Action as in a grand Cape or a petite Cape And in these and the like cases where by Writ the land is seised into the Kings hands the King shall haue the lands to his owne vse and the Sherife shall bee charged with the Issues and profits of the said Lands from the time that the Lands were so seised by him c. Vide hic Cap. 62. What is contained vnder the name of Issues See Cap. 89. How much the Sherife must return in issues vpon the Defendant or Tenant see Ibidem What Issues he must returne vpon Iurors Cap. 90. Vpon whom and what lands such Issues shall be leuied Ibidem If the Sherife shall returne a Iuror in issues who is not sufficient the Sherife is punishable Ibidem So if the Sherife shall returne any issues vpon any Iuror or hundred or which was not lawfully summoned Ibidem Issues If the Sherife shall returne the Issues of any Recognisance Pledge or Mainpernor which at the time of the Return was not sufficient to answer the said Issues and amerciaments the Sherife shall bee charged there in the Exchequer For all manner of Issues and profits of the Countie which runne vnder the name of Viscountiels the Sherife so soone as hee is made Sherife is accountable for the same yet in a summe in grosse But for other Issues lost for default of appearance the Sherif is not accountable nor shall bee charged therewith vntill they shall be estreated vnder the Seale of the Exchequer and that the same estreats shall be deliuered to him Neither may the Sherife leuie the same without such Warrant If such Issues lost for default of apparance shall be returned by the Sherif vpon any man the partie hath no remedie be the Issues neuer so great Now for the first sort scz for the profits of lands after the death of the Kings Tenant in Capite and an Office found the King shall haue Primer Seisin scz the Issues and profits of all their lands from the time of the death of his Tenant Hic Cap. 6. Also the King shall haue the Issues and profits of the lands of such his Tenant aliening without licence scz from the time of the Office found the Kings Tenant who getteth Liuerie out of the Kings hands wrongfully shall answer the Issues behind c. Where the King enters for a Condition broken or for a Mortmaine c. the King shall be answered of the measure Issues and profits of those lands scz from the time of the kings title first accrued And of the Issues of the lands of felons Fugitiues and Outlawes c. scz from the time of the Attainder c. Hic Cap. 14. And so in all these cases the King shall bee answered of all the Issues of the lands after an office thereof found but before an Office found the Sherife or Escheator is not to meddle Hic Cap. 6. An Abator shall bee charged and not the heire for his time If such lands whereof the King is to haue the meane issues or profits shal be in diuers mens hands after the kings title accrued euerie of them shal answer for his time Issues lost for default of appearance either by the tenāt or in any other case of a Distresse infinite as in case of Iurors after a venire fac the Sherife vpon the Estreats out of the Eschequor c. may leuie the same vpon the lands in the hands of the delinquent of his wife of his heire in Tayle of his Successor of his Lessee or farmour of him in reuersion of the purchaser yea in the hands of a stranger whose beasts are their leuant and couehant And vpon these Estreates the Sherife is to leuy and gather vp accordingly these Issues and to bring them into the Eschequor and there to account for them If any Officer c. shall collect or leuie any Issues Estreated to him of any other than of the right person charged by the Estreate with the payment of the said issues they shall bee punished Plus hic Cap. 89. 90. CHAP. 12 13. Amerciaments and Fines AN Amerciament is properly a penalty assessed vpon an Offendor by his equals pro pares scz by the Country vpon Oath or assessed by the Court vpon some Officer of the Court. A Fyne hath diuers significations but to this purpose a Fyne is most commonly taken for a summe of money which is set or assessed vpon an Offendor in some Court of Record by the Court or Iudge there for some contempt or offence and which the offendor doth giue for and in satisfaction of his offence default or contempt Againe that which is assessed by the Court vpon an Officer of the Court for misdemeanor is called an Amerciament Royall But being assessed vpon an Estranger for misdemeanour it is called a Fyne All Amerciaments and Fynes for misdemeanors contempts defaults or other Offence set or assessed vpon any Offendor in any of the Kings Courts the Sherife vpon Processe or Estreats out of the Eschequer c. is to gather vp the same and to account for the same in the Eschequer Those Estreats must rehearse and shew the cause of the Amerciaments c. See hic cap. 90. What persons and for what causes men shall be amercied see my booke at large hic cap. 115. Such lands and such persons as are chargeable or lyable to the paiment of Issues shall also bee
to seise it to the Kings vse Goods wrecked or wrecke of the Sea scz Goods cast or left vpon the land by the Sea the King is to haue except where the Lord of any Franchise or Mannor c. hath it by Charter or by Prescription And where the King is to haue these goods the Sherife may seise them to the vse of the King and shall preise them by a Iury and then he may keepe them himselfe or deliuer them to the towne where they are found to keepe and then they shall answer for them But the owner hath a yeare and a day after the seisure by the Officer to claim thē so that if any within the yere and day after the seisure shall proue that the goods were his they shall bee presently restored to him paying reasonable charges And therfore if the goods be such as may be kept sweet good by the space of a yeere there the goods must be preserued during the yeare otherwise the Officer which seiseth them is punishable But if the goods will not keepe so long there the Officer may sell such goods and deliuer the money taken for them to the towne to keepe or else he may keepe it himselfe and answer for it But this claime and proofe of the property by the owner is giuen onely where a man dogge or some other quicke thing escapeth out of the Ship aliue Note that except the Ship doe perish and be drowned the goods cannot be forfeite nor said to be wrecke The goods of an infant woman couert being Executor a man in prison or beyond the sea being wrecked at the sea and not claimed within the yeare and day c. shall be forfeit The King also is to haue Whales and other Royall fishes c CHAP. 17. Wards Escheats Ideots BY the Statute de Scaccario made An. 51. H. 3. Sherifes shall seise and keepe all such Wards Escheats that are not in fees as belong to the King which be within their shires and of the issues thereof they shall bee answerable in the Eschequer when they accompt for their countries and they might let to ferme or otherwise such Wards and Escheates and might seise their bodies c. Also by the Statute made 2. 3. E. 6. Cap. 34. it seemeth that Sherifes shal be accomptable for all Wards Marriages and Releifes c But at this day all the Kings Wards are to be within the order suruey and gouernance of the Court of Wards together with their lands rents issues thereof And the Escheator is now the Officer appointed to inquire thereof and to seise their lands c. CHAP. 18. BY the aforesaid Statute de Scaccario Escheats Sherifes shall seise the Escheats that fall to remaine to the King in fee. If the Kings Tenants in fee simple dieth without an heire and no other person entreth the King is in by Escheate and hath a freehold without any Office and the Kings Officer may seise it for the King In cases of Heresie Coniuration and the like there is no Escheat hic cap. 14. All Escheats within any City perteine to the King Plus hic cap. 6.7 14. concerning Escheats and the Sherifes duty therein CHAP. 19. IF there shall be an Ideot scz a naturall foole there may be a Writ awarded to the Sherife Ideots or Escheater both to examine him as also to inquire by a Iury of such Ideot and of his lands c. But there can bee no seisure of the lands without an Office first found nor of the profits of their lands Also the King shall haue the custostody of an Ideots body and goods as well as of his lands and that during their liues prouiding them things necessary for themselues their wiues and family But all Ideots and their lands c. shall be in the ordering of the Court of Wards And yet the King nor his Officers ought not to seise the lands nor the Issues of their lands of an Ideot vntill hee bee found an Ideot by an Office Lastly the words of the Sherifes Oath are You shall truely keepe the Kings rights and all that belongeth to the Crowne Now these former and other the Kings Prerogatiues of the like kind although they are a great part and portion of the rights profits and commodities of the Crowne yet this Prerogatiue doth not onely extend to such benefit and profits as the King is to haue from his Subiects as aforesaid But also to the Kings person to free it that it shall not be subiect to any mans suite and also to his possessions so that they may not nor can not bee taken from him by any violence or wrongfull disseisin and to his goods and chattells so that they are vnder no tribute tolle or custome nor otherwise distreinable And in all these and other the Kings Prerogatiues the Sherife is to doe his best endeauour for the keeping and preseruing thereof so far forth as belongeth to his Office Note that the Kings person is so sacred as that no violent hands may in any case bee laid vpon him neither may he be sued by action as a common person or subiect may But wheresoeuer the King shall seise any mans land or take away any mans goods hauing no Title there the Subiect is driuen to suite his Soueraign by way of Petition onely For the Kings possessions or lands that they cannot be extended or taken in execution See hic cap. 26. So all the Kings lands are exempted from distresses for rent c. For his Goods also they cannot bee taken for Wayfes Wreckes or Estrayes The King beeing Nonsuit c. cannot be amerced That he shall finde no Pledges de prosequendo hic cap. 45. CHAP. 20. Direction and execution of Writs NExt The Sherife is duely and truly to serue and execute al manner of Writs Processe Iudgements and commandements made or directed to him from any of the Kings Courts And indeed the office of a sherif cōsists chiefly in the execution seruing of Writs and Processe of Law and to doe this he is the immediate Officer of the King and all his Courts scz To execute the Writs of the Common Law And this he must doe or cause to be done truly and duely and in euery behalfe as the Writs themselues commands without any fauour dread or corruption or else he is punishable By the antient Law of this Land all originall Writs purchased at the suit of the partie to maintaine actions are to be directed to the Sherife of the Countie where the cause of the suit doth arise and cannot bee directed to any other person than the Sherife vnlesse it be in speciall cases where there shall be good cause of execution to or against the Sherife and there the Writ shall be directed to the Coroner who then standeth in the place of the Sherife And if the Sherife bee dead or remooued yet the Processe shall not be directed to the Coroners but shal stay vntill another Sherife
be chosen Where there be two Sherifes as in London and Yorke c. and Processe goeth out to the Sherifes there one of them may not returne the Writ alone although the other be dead and yet it is vsed that one of them doth serue it which is the seruing of them both but the returne must be in the names of both of them But in things spirituall the Ordinarie is the immediate Officer to all the Kings Courts to serue their Processe c. Execution of Writs Sherifes and their Vndersherifes shall receiue all manner of Writs in any place and at all times within their Countie when and wheresoeuer they shall bee deliuered them and shall make thereof Warrant to their Bayliffe c. or else execute it themselues A Writ deliuered to the Sherife of or vpon Record is imbeaseled See hic Cap. 37. After the Writ executed the Sherife must returne the same into the Court from whence it came If the Sherife or his Officers shall not execute the Writ or shall not returne it or shall make any false returne thereupon he is punishable And yet in some cases although the Sherife executeth not the writ he may excuse it by his Returne Hic Cap 38. CHAP. 21. ALl Writs are vsually deliuered to the Vndersherife and executed by him And yet the High-Sherife may execute them himselfe or he may by word onely command his Vndersherife Bailife or other sworne officer or his own seruant to serue or execute the same Or he may make or command any stranger being neither a knowne nor sworne Officer to execute it but then the Sherife must deliuer such a stranger either the Writ it selfe or else a Precept or Warrant in writing And yet any stranger by the commandement of the Sherife and as his seruant may iustifie to serue and execute any Processe and that without any Precept in writing Also the Vndersherife may either execute the Writ himselfe or else must make his Warrant in writing and in the High-Sherifes name to the Baylife or other officer to do it or he may make such Warrant to any stranger The Bailife or other Officer to whom any Warrant shall bee directed and deliuered ought with all speede and secrecie to execute the same The Bailife or other such officer must execute the Warrant himselfe and can command none other to doe it neither by word nor writing and yet they may take what number of other persons they shal thinke meet to ayd them in the execution of their Warrant And so if the High-Sherife shall direct his warrant to his Vnder-Sherife here the Vndersherife must execute it himselfe Quaere None shall be arrested for debt trespasse or other cause of action but only by vertue of some Processe Precept or Commandement out of some Court But by the custome of London vpon a Plaint or Suit for debt first entred before the Sherifs against another the Serjeants may arrest the debtor by the commandement of the Sherife to appeare and answer to the suit and that without any processe warrant or Precept in writing The Sherife Vndersherife Baylife or other Officer may if need be take Posse comitatu to execute any writ or other lawfull warrant directed to them and such as shal not assist them therein being required shall make Fyne to the King The Sherife or other Officer is not to dispute the authority of the Court or Iustice from whence or whom they shall receiue any writ or warrant but at their perils are to execute the same And yet some cautions are to be obserued therein 1 First where the Court or Iustices out of which or from whom the writ or warrant commeth hath no iurisdiction of the cause the Officer is not bound to execute it nay may not safely doe it 2 If the Sherife shall bee commanded coment per breue le Roy de south son priuy scale to surcease the Execution of any writ to him directed out of any of the Kings Courts the Sherife may not safely surcease thereupon For by Law the Sherife by no writ may surcease c. but onely by writ or warrant out of the same Court out of which hee had his first commaundement 4. E. 4. fol. 17. 14. E. 3. Fitz. Retorn de vic 89. Execution of Writs 3 One being in Execution the commandement of the Kings Court immo del nostre Seignior le Roy luy mesme without writ is no sufficient warrant to the Sherife to deliuer the prisoner But vpon such command without writ it seemeth the Sherife may carry the prisoner to any place so as hee bringeth him backe againe Quaere 4 One being in prison vpon an Execution or vpon a Capias vtlagatum if the Sherife shall deliuer him vpon a writ of protection de seruicio Regis or per breue south Signet le Roy these seeme no sufficient excuse to the Sherife c. Dyer 162. Vide hic cap. 163. 5 And sometime againe the Kings Writ vnder the great Seale is no sufficient warrant to the Sherife to deliuer a prisoner As if the Sherife vpon the Writ de Homine repleg shall deliuer a prisoner that is in for Redisseisin he shall bee amerced So if a prisoner condemned in arrerages before Auditors shall bee deliuered vpon the said Writ de Homine replegiando it is an Escape and the Sherif shall pay the debt And yet he which is imprisoned for a contempt onely may bee discharged by the commandement of the king or of his Iustices by word onely 6 Also Knights and Burgesses of the Parliament and Clergie men called to the Conuocation c. and their necessarie seruants attending vpon their masters during the time of the Parliament shall not de arrested vpon any originall proces for debt trespas or the like but must haue their priuiledge Eund ' moraÌ„d redeuÌ„d ' allow'd them Neither shal any such priuiledged person bee arrested vpon any writ of Execution during the Parliament Neither shal any of their goods or cattels necessary be attached or taken by the Sherife or other Officer except it be in case of Treason or felony 7. If a Knight or Burgesse of the Parliament c. shall be taken vpon an execution c. the Sherife ought presently to deliuer them being sent for by the house hic cap. 29. But yet vpon a Capias vtlagatum they may be arrested during the Session of Parliament 8. Also all such persons whose aâ—tendance is necessary many of the Kings Courts at Westm or elsewhere shall not be arrested vpon any originall processe but shall be discharged vpoÌ„ shewing their Writ of Priuiledge And so note that in some cases the Sherife is bouÌ„d at his peril to take knowledge of the Law and of the authority iurisdiction of the Kings Courts Iustices But if a Capias a writ of Execution or Exigent shall come to the Sherife against a Duke Earle or other Noble man or woman though it lyeth not against them yet the Sherife c.
the Sherife may come vpon the land with the Summoners and there summon the party yea if the Sherife by information of the demandant shall summon the Tenant in another mans lands the Sherife shall bee excused for such his Entree c. But the Summons in a Precipe ought alwayes to bee done in the day time scz betweene Sunne-rising and Sunne-setting and not in the night Where the action is to recoâ—er the free-hold of land it selfe the Summons must be made in the same land Where the action is brought against one as heire there the Summons must be in land that did discend Vpon a Precipe if the defendant be not tenant of the land in demand yet the Sherife is to summon him vpon the land in demand eo quod petens testatur quod tenens est So he in reuersion shall be summoned in terra petita although it be another mans freehold But the party can not be summoned by a rent seruice rent charge common nor the like for that the soile is another mans freehold nor by his goods And yet in Assises of of Nouel disseisin and Nusance where the originall proces is an attachment Pone ê‘ vadiâ—s saluos pleg ' there the defendant may be summoned scz attached by his goods Also where a man hath no land wherupon he may be summoned there the Sherife may summon him by his person as in actions of annuity couenant or the like In a writ of Right of Aduowson as also in a Quare impedit the Sherife may Summon the defendants in the Church In a Praecipe against 4. if the Sherife summoneth one that is a Summons to all Tamen vide hic cap. 70. that al must be summoned In an action of debt brought for dammages recouered in a Writ of Entrie c the Summons shall be to the person And so in all personall actions the Sherife must Summon the defendant by his person In a Scire facias against a Clerke the Sherife is to summon him onely by his land if he hath any Lay fee or else by his person but not by his goods If the Sherife shall retorne one summoned who was not summoned the Shâ—rife is punishable hic cap. 70. 85. Note that in euery writ the defendant ought alwayes to bee summoned 15. dayes at the least before the day of the retorne of the writ By the booke called the Mirror of Iustices reasonable Summons is when it is testifiable by two lawfull free witnesses neighbours and made to the person or at the house or tenement conteyned in the demand with warning of the day place party Iudge and of the action and with reasonable respite at the least of 15. dayes to make their answer c. Note also that the Sherife cannot summon himselfe nor serue any other proces vpon himselfe hic cap. 44. CHAP. 32. Attachment AFter the Summons if the tenant or defendant commeth not in then there issueth an attachment which is a Proces authorizing the Sherife to goe to his house or land and there to take Surety by pledges or to attach him by his hoods to the end that hee shall appeare and answere to the Plaintife or demandant So that vpon the attachment the Sherife or his Officer may either go to the parties house c. and there take of him Sureties or Pledges for his appearance yet these Pledges are not to be bound in any summe but onely to giue their words for the appearance of the party and if he shall not appeare then these Pledges shall be onely amerced Or the Officer may attach the party by his goods citing him to appeare and answer such a day at such a mans suit in such a Court and for such a cause c. Or if the Officer shall onely giue warning to the tenant or defendant in the presence of two others to appeare such a day in such a Court at such a mans Suite c. it is good enough A Clerke or Ecclesiasticall person may not be attached by his goods but must bee summoned or warned by his person or vpon their lands if they haâ—e any lay fee. The tenant or defendant can not be attached by his land nor by any parcell of his freehold as by a clod c. nor by any chattel reall Neither may a table dormant or any other thing which is fastened to the freehold be attached as a furnace doores windowes waynescots pales or the like and if the Sherife shall attach a man by any such thing he is punishable But an attachment ought to be made by such goods of the defendants owne proper goods as are moueables scz by meere chattells personals which may be forfeited by vtlary The party may not be attached by his horse whereupon he rideth if hee hath other goods whereby he may bee attached Neither may a man be attached by his Apparrell which is vpon his bodie No goods shall be attached but the proper goods of the defendant and not goods that are pawned or borrowed If the goods attached bee quick cattell the Officer may impound them in a Comâ—on pound If they be dead chattels as a pot Panne or the like the Officer may take carry them away to his owne house c. Or the Officer may first attach them and then take Sureties for the redeliuering thereof c. and so leaue them with the owner who was attached thereby But this is not so safe without taking good sureties or taking an obligation of the owner for the Redeliuery thereof if hee shall make default of appearance c. which obligation so taken seemeth to be good If the defendant shall not appeare at the day of the retorne then the goods attached are forfeit to the king and the Sherife shall be answerable for the value thereof If the Officer shall leaue the goods or cattell attached with the owner as aforesaid yet the Officer may take them againe vpon default of appearance A Baylife sworne and knowne may make an attachment without any warrant in writing for to him a command or warrant by word onely is sufficient The seruant of the Plaintife or any other stranger may make the attachment if so he hath the Sherifs warrant A woman Couert shall bee attached by her husbands goods The defendant or tenant must alwayes be attached 15. dayes at the least before the day of the retorne of the writ And for default thereof the Sherife shall be amerced CHAP. 33. Capias ad Respond ' IN reall Actions when the Tenant hath beene attached and appeareth not thereupon or if he appeare and after maketh default then issueth the grand Distresse whereby the Sherife is commanded to distreine the Tenant by all his goods and chattels which he hath within the same Countie also to answer the King the profits of his Lands In Trespasse and other personall Actions if vpon the Attachment or Distringas the Sherife returneth nihil then there goeth out a Capias Alias Pluries Exigent scz if the
alledgeth himselfe to be a free-man Hic cap. 67. So where the Sherifs of London retorne their custome Or the Sherife of any County Pallatine retorne that they haue a Countie Pallatine within themselues So where the Sherife of any County returneth Mandaui balliuo Libertatis qui nullum dedit responsum c. Hic cap. 39. So where the Sherife retorneth that the Plaintife non inuenit Plegios de prosequendo hic cap. 45. So where the Sherife retorneth Tarde ibid. CHAP. 39. Retorne de Mandaui balliue Libertatis AS the Sherife is the immediate Officer of the King and his Courts to execute all Writs and Proces so to him all their writs shall be directed although it be of a matter scz of land or other thing in suite or a thing done within a Liberty or Franchise in which cases the Shdrife must write and send his Precept to the Baylife of the Libertie who must serue and execute the same and must make answer or tetorne thereof to the Sherife but the Sherife himselfe must make the Retorne of the writ into the Court And yet in a writ of Redissesin and in a Writ to enquire of wast and such other writs wherein the Sherife is made a Iudge of the cause there the Sherife must enter the Franchise and execute such writs himselfe and may neither write to the baylife of the Libertie to execute it nor may retorne Mandaui balliuo c. And so it is in other cases as where the King is a party or the baylife of the Liberty a party or vpon the default of the baylife of the Liberty c. See hic cap. 40. For the formes of the Sherifes Precepts or Warrants to bee made to the baylife of the Liberty they are to bee made like to those which are made by the Sherife to h s other baylifes which see hic cap. 2 Sauing that where those are directe Balliuo Hundred de c. these are to be directed balliuo Libertatis de c. Now after that the Baylife of the Liberty hath retorned his answer to the Sherife then the Sherife must make the retorne of the writ and of the baylifes answer in these or the like words Qui quidem balliuus mihi sic respondit c. according to the Baylifes answer But the Sherife may make no other retorne but according to that which the Baylife of the Libertie shall certifie him And yet if the baylife of the Libertie shall make an insufficient answer or shall make no answer to the Sherife them the Sherife may make his retorne of the writ in this manner scz Mandaui balliuo Libertatis de c. Qui mihi nullum dedit responsum c. For the manner and forme of such retornes de Mandaui balliuo Libertatis c. You must obserue these things or rules in the Sherifes retorne 1. First the Sherife shall doe well to shew cause in such his retorne scz Eo quod praed ' terr' tenemēt ' sunt infra Libertatem de c. 2 Or else the Retorne must haue these words or the like Qui habet retorna omnium breuium executionem eorundem infra libertatem praedictam 3. Hee must shew in his Retorne whose the Liberty is or who is Lord of the Franchise or Libertie 4. He must shew or set downe in his retorne the names of the baylife of the Liberty scz his Christian name or surname Hic cap. 53. 5. Also where the Sherife retorneth Mandaui balliuo libertatis c. he must retorne further Eo quod nihil habet inballiuam meam 6. Also there must be such a Liberty within that County for if the Sherife shall retorne Mandaui balliuo Libertatis where there is no liberty he shall be grieuously punished Againe the Liberty must haue retorne of writs Reuera sub poena vt supra And therefore it is needfull for the Sherife to haue a note out of the treasury of the Eschequer of all the Liberties within his County which haue retorne of writs If the Baylife of the Liberty vpon the Sherifes precept shall not execute the writ That being retorned by the Sherife then there shall goe out a non omittas propter libertatem commanding the Sherife to execute the same himselfe and there the Sherife is to enter the Franchise himselfe and withall is to warne the baylife of the Liberty to appeare and answer his default before the Iustices at the day contained in the writ There should or ought to be indentures made betweene the Sherife and the baylife of the Liberty of euery retorne which such baylife shall make And this is to the intent that the Sherife should not change the retorne made by such baylife which if the Sherife doe he is punishable But the Sherife cannot serue or execute a writ in part and write to the baylife of a Liberty to execute the other part but one of them must execute the whole in most cases because the writ is entier c. As vpon a venire fac ' Iurator ' or a Distring ' Iurator ' or a Habeas corpora Iurator the Sherife cannot retorne part of the Iury and the Baylife of the Liberty the other part And yet vpon a Capias in debt against three the Sherife may retorne that he hath taken two of them and that he hath written to the Baylife of the Libertie c. to take the other defendant And if the land in question doe lie part within a Franchise and part in Guildable there the Iury shall be retorned part by the Sherife and part by the baylife of the Franchise If the land in demand doe lye in 2. Franchises the Sherife must make his precept to each baylife Note that such part of the County as is contributory among themselues to pay Common charges is called the Guildable and if there be any speciall Libertie that is called the Franchise Also wheresoeuer the Sherife hath serued the first writ he cannot after write to the Baylife of the Franchise Nor returne Mandaui balliuo libertatis c. except it be in some speciall cases or that the Sherife in his retorn sheweth and certifieth some speciall cause thereof And herein this difference may be taken scz betweene a thing permanent and a thing remoueable For of a thing permanent as in a Precipe of land if the Sherife serueth the first proces he ought not after to make his precept to the baylife of the Liberty for by his seruing of the first proces he hath affirmed the land to be within his iurisdiction But of things remoueable as in debt or trespasse c. the Sherife may serue the proces at the first and when it commeth to the Capias the Sherife may make his precept to the baylife of the Liberty to take the body for that the body is remoueable c. Also the venire fac ' Iurator ' may be serued by the Sherif◠and vpon the habeas corpora Iurator ' he may write to the baylife
Precept 2. To warne for the great inquest such whose names the Sherife nominateth in his said warrant 3. To warne the Iury of life and death such as the Sherife or baylife shall thinke meet within their Hundred 4. To proclaime within euery Hundred the day and place of the Assises and that all persons that haue any thing against any prisoner be there to prosecute c. 5. To giue speciall warning to all Iustices of Peace and Coroners c. within their Hundred to be their present 6. To arrest c. all persons formerly indited c. to appeare there 7. And by his said warrant the Sherife must also command euery bailife to be and attend there themselues Or els to the back of this warrant the Sherife may file a schedule setting downe therein the Names of such as shall be warned for the great Enquest and for the Iury of life and death and such other persons as are to be warned thither The Sherife also must make and deliuer to the Iudge a Kalender of the names of all the Iustices of Peace Coroners Stewards and Baylifes of Liberties Baylifes of Hundreds and of all the prisoners in the Gaole See Hic cap. 98. And he must haue all his prisoners there Also the Sherife himselfe shal do well to chose and name the great Enquest and to keepe a note of the names of such as for that seruice he would haue warned by his baylifes and to chose some out of euery Hundred within his County CHAP. 47. The summons of the sessions of the Peace VPon this writ or Precept the Sherife also must make out his warrants to his baylifes of Hundreds commanding euery of them to appeare at the Sessions And to warne all High and pettie Constables within their particular Hundreds to be there And also to warne 24. Iurors in euery Hundred to appeare there And to proclaime within euery Hundred the day and place of the said Sessions and that all such as will complaine of any Artificers laborers or seruants in husbandry for taking excessiue wages against the Statute be there also to prosecute c. And to warne all Coroners and Stewards and Baylifes of Liberties within his County to bee then and there to doe that which belongeth to the particular Offices or places And to warne 24. Iurors for the great Enquest and body of the County as wel within Liberties as without to be and appeare there Now for the great Enquests aswell for the Assises or generall Gaole deliuery as for the SessioÌ„s of the Peace it is meeâ—e that there be retorned out of euery Hundred three or foure and that the names of such as be of one and the same Hundred be set together and the name of the Hundred to bee written in the margent of the Returne against the names of the Hundredors And if the Sherife shall returne any such Iurours without summoning or warning them by his Baylife the Sherife is fineable Hic cap. 85. CHAP. 48. Accedas ad Curiam VPon this Writ the Sherife taking with him foure other discreet lawfull and sufficient men of that Countie is to repaire to the lords Court or Hundred Court in the writ mentioned 2 He is there in full Court to record the Plee in the presence of those foure men and of the Suiters of the same Court 3 The Record so made must bee annexed as a Schedule to the backe of the Writ 4 He is to returne that Record with the writ before the Iustices vnder his owne Seale and the Seales of foure suitors of that Court which were present at the day limitted in the writ 5 And hee is to warne the parties Plaintife and Defendant that they bee before the Iustices at the day prefixed And if no Court haue beene kept there betweene the day of the receit of this writ and the day of the Returne thereof the Sherife may make his Returne accordingly but the Sherife ought first to require the Lord to keep his said Court and then if the Lord refuseth the Sherife is also to returne the Lords refusall So if the Lord c. in his Court shall refuse to shew the Sherife the plea or his booke wherein the plea is contained yet the Sherif in the Court ought to shew and read or declare the contents of this writ and after to returne the Lords said refusall The Returne Virtute istius breuis mihi directi in forma infrascr ' accessi ad Curiam infrascript ' in plena Curia illa recordari feci loquelam infrascrip ' Que quidem loquela patet in quadam schedula huic breui annex ' recordum illud habeo c. as in a Recordare facias loquela Hic postea A.B. Armig ' Vic ' The stile of the Court. Ad Curia Baron ' Egidij Alington Militis Horsheath ibidem tent ' tali die anno reciting also the stile of the King R.B. quaeritur versus I.S. de placito captionis iniuste detentionis aueriorum suorum Quaerela Note that nothing but the plaint shall be remooued here CHAP. 49. Admeasurement of Dower IF this Writ be Viscountiel and sued in the Countie Court before the Sherife then the Sherife is Iudge and is by vertue of this writ to admeasure all the lands which the Woman hath in Dower within the same Countie So that if there be in her hands any ouerplus it may bee restored to the heyre c. But if this writ bee remooued out of the Countie Court into the Common Banke then the Sherife cannot make the admeasurement but first the Sherife ought to goe to the lands then by a Iurie to diuide the lands c. into thrâ—e parts and to preâ—se the same at a yearely value and then to returne two parts by it selfe and the third part by it selfe and to returne also their yearely value and so to leaue the admeasurement to the Court which returne must be vnder his seale and the seales of the Iurors And in this writ where the admeasurement is to bee by the Iustices or Court when the suit is come to the grand distresses before the writ bee returned dayes are giuen so that there may bee two Countie Courts holden and in either of the said Counties the Sherife is to make Proclamation that the defendants come in and appeare in court at the day contained in the writ to shew cause why admeasurement should not be made and the Sherife is to returne the Proclamations accordingly But quaere notwithstanding the Defendants default of appearance the Sherife is not to make the admeasurement but is to leaue that to the justices or Court vt supra The Sherife may returne the defendant nihil in this writ of admeasurement of Dower If he returne That the wife hath more than shee ought to haue by so much per annum this is no good returne for the Court is to iudge of the value Admeasurement de pasture Also if this writ bee remooued out
of the Countie court into the Common Banke and that the parties appeare there and agree that the admeasurement shall be made then there shal goe out a writ to the Sherife commanding him to make admeasurement and then to make the admeasurement the Sherife must goe in his proper person to the Common or pasture to bee admeasured and there by a Iury of twelue men must admeasure the same and he must returne the same into the Court by Indenture vnder his own seale and the seales of the Iurors Also if this writ be remooued into the Common Banke when the suit is come to the grand distresse before the writ be returned the Sherife is to make Proclamation in two Countie courts that the Defendant come in appeare in Court at the day contained in the writ to answer the plaintife and to shew cause why admeasurement should not be made and the Sherife is to returne that he hath made the Proclamations accordingly and if the Defendant commeth not vpon the Proclamations then admeasurement shall be made vpon his default But here also notwithstanding the default of appearance of the Defendant the Sherife is not to make admeasurement without another writ to that purpose first to him directed But if this writ be Viscountiel and sued in the Countie before the Sherife he must first summon the parties c. who may plead there and if the defendant grant that admeasurement shal be made or pleads or shewes no cause to the contrarie then the Sherife shall giue iudgement and shall presently make admeasurement thereof for the Sherife in such case is Iudge c. In this writ all the Commoners shal be admeasured by the Sherife as well those which did not surcharge the land as they which did and also the Plaintife himselfe but the Lord shal not be admeasured In this writ of Admeasurement of Pasture the Sherife may returne the defendant nihil and it is good For the forme of the returne of Proclamation of Summons see hic cap. 70. Note that no man ought to put more Cattell vpon the Common than serue to manure the land and then hee can maintaine and keepe in winter vpon his Tenement And if the Common be not sufficient so that all the Commoners may haue sufficient to their tenements in such case the tenants shall be admeasured hauing regard to that the common will beare CHAP. 50. Assise de Nouel Disseisin Assise THe Sherife is to returne this writ after this manner Plegij de Prosequendo Ioh. Doo Rich. Roo Infranom ' I.S. the Defendant attachiatus est per Plegios Per Plegios H.F. W.G. Or thus Infranom ' I.S. attachiatus est per vnam vaccam Per Biens or vnum bouem or vnum equum pretij 40. s. Or thus if there be more defendants than one Infranom ' I. S. I. P. attachiati sunt viz. I.S. per vnum bouem preiij 5. s. I.P. per vnum equum pretij xx s And yet it seemeth the Sherife is to returne but fiue shillings and foure pence price Quaere of the vse Residuum executionis istius breuis patet in quodam pannello or in quadam schedula huic breui annex ' A.B. Armig ' Vicecomes Nomina Recognitor ' in Assis Nouae disseis inter M.C. querent ' seu petentem T.C. tenentem A.C. de S. Gener ' Et sic ad numerum 24. Le Panell D.E. de F. Yeoman Et sic ad numerum 24. Summonitor ' Iurator ' siue Recognitor ' praedictor ' eorum cuiuslibet per se I.D. T.F. or more Manucaptores summonitorum praedict ' eorum vtriusque I.W. W.D. And note that the Sherife at the first day shall onely returne Manucaptores summonitorum and not Iurator ' but after he shall returne Manucaptores Iuratorum Note also That if the Defendant be not to be found nor hath whereby to be attached the Sherife may summon and attach his Baylife in an Assise Also the defendants bayli e may be attached by Pledges and the Sherife may make his retorne accordingly By the Statute of Westminster 2. cap. 25 The disseisor shall be attached but by one Oxe of 5 s iiij d price or the value So then where the Tenant is sufficient and attached the Sherife must retorne 24. Iurors or Recognitors He must retorne Summonitores Iuratorum Manucaptores Summonitorum Or he may retorne quod quilibet recognitorum praed per se separatim Attachiat est ê‘ Pleg ' I.D. R.R. And further Exitus eorum cuiuslâ—bet v s. And he must set downe the names of the Recognitors scz the Pannell and all the rest in a schedule and annexe the same to the backe of the writ c. But if the tenant or defendant bee insufficient then the Retorne must be after this manner Plegij de prosequendo Ioh. Doo Rich Roo Infranominat I. S. Nihil habet in balliua mea ê‘ quod Attachiari potest nec est inuentus in eadem Or rather thus Infranom I.S. Nihil habet in balliua mea ê‘ quod Attachiari potest nec habet balliuos nec balliuum nec est inuentus in eadem Also in an Assise the Sherife may retorne Mandaui balliuo Libertatis Qâ—â— nullum dedit responsum c. Annuity In a writ of Annuity Annuity the Sherife retorneth that the defendant Nihil habet in balliua mea per quod potest Summoniri this is a good retorne but per quod potest Attachiari is not good And the Sherife may summon the defendant in his writ by his person if he hath no land where hee may be summoned So that the Sherife is here first to take Pledges of the Plaintife de prosequendo c. And then he is to summon the defendant to appeare at the day before the Iustices c. CHAP. 51. Atteynt IN this writ the Sherifes retorne must be made after this manner Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores infranomin ' I. S. the defendant H. F. W. G. Residuum Executionis istius breuis patet in quodam Pannello or quibusdam schedul ' huic breui annex ' or consut ' A.B. armig ' vic' Le Pannell Nomina viginti quatuor milit ' inter R.S. quer I. S defend ' A. C. D. E. F. G. c. ad numerum 24. And these must be Knights Esquires or Gentlemen hauing twenty marks per annum of freehold at the least Quilib ' Iur ' praed ê‘ se sepa ratim attach est ê‘ Pleg ' C.D. E. F. Summonitor ' Iur ' praed eorum cuiuslibet I. D. R.S. Manucaptor ' Summon ' eorum vtriusque I. P. R. C. F. D. R. G. quaere if these Manucaptors be needfull Nomina Iurat ' primae Inquisit in breue huic Pannello annex specificat Le Pety Iury. A. S. C. D. H. F. c. ad numerum xij Summonitor ' or Pleg ' Iurator ' primae Inquisit eorum cuiuslibet
habet retorn ' Maudaui balliuo c. ad capiendum arrestand ' infranom ' I. S. Qui quidem ballinus nullum mihi adhuc dedit responsum Or Qui mihi respondit quod infranom ' I.S. non est inuentus in balliua sua Or thus Qui mihi respondit quod cepit corpus Infranom ' I.S. cuius quideÌ„ corpus ad diem locum infracon ' parat habet ad faciend ' ea omnia quae istud breue in se exigit requirit Vpon a Capias against a Clerke what retorne the Shriefe may make Clericus See hic cap. 36. Where there bee two or diuers of name See hic cap. 61. how to make the Retorne CHAP. 54. Capias ad satisfaciendum VIrtute istius breuis mihi directi Cepi corpus Cepi corpus infranominati I.S. cuius corpus ad diem locum infracontenta paratum habeo c. A.B. Armig ' vic' But where the Sherife retorneth Cepi corpus vpon a Capias ad satisfac ' he must be sure to haue the body in Court at the day otherwise hee is chargeable for the whole debt If the Sherife hath taken the body in Execution and after a writ of Praerog de habeas corpus out of the Exchequer â—r any other like writ out of any other Court shall come to the Sherife against the same prisoner so that the Sherife is thereupon to bring in the body he must in his Returne shew the cause of the imprisonment or deteyner of the prisoner that so he may beremanded or els committed to some other prison vpon the execution and so shall the Sherife be discharged And if a man be in prison for felony and be atteinted and after a Capias ad satisfac ' c. commeth to the Sherife against the prisoner he may retorne that the party is atteinted and that therefore he cannot take him in Execution Or the Sherife if he will may serue the execution but then he must be sure to keepe the prisoner notwithstanding any pardon of the felonie Vpon a Capias ad Satisfac ' Non est inuentus Non est inuentus is a good retorne Note that vpon the Capias ad Satisfac ' if the execution be duely done by the Sherife Nul Retorn and that the Plaintife hath his demand the Sherife needs not to retorne this writ Plus hic cap. 29. Capias vtlagatum Virtute c. Cepi corpus Cepi corpus I.S. infranom ' cuius corpus coram Iustic ' infrascript ' ad diem locum infracontenta parat ' habeo prout interius mihi precipitur Residuum execut ' istius breuis patet in quadam Inquisitione huic breui annex ' ss Inquisitio Indent ' capta apud c. Qui dicun ' super Sacrament ' suum Quod I. S. in dicto breue nominat c. Also vpon a Capias vtlag Non est inuentus Non est inuentus is a good returne Infranomin ' I. S. Non est inuentus in balliua mea Resid ' execut ' istius breuis patet in quadam Inquis c. For note that vpon a Capias vtlagat ' whether the Sherife retorneth a Caepi coâ—pus or a Non est inuentus he must also enquire by a Iurie of twelue men what lands or goods the party vtlawed had within the Countie the day of the vtlary or at any time after And the Sherife must retorne the Inquisition thereof made vnder his owne seale and the seales of the Iurors But the Sherife may not arrest or take the body of one that is vtlawed in any personall action without the writ of Capias vtlag ' first deliuered to him except where the party is vtlawed for felony or Treason Vpon the Capias vtlagatum if the party be found the Sherife shall take and put him in prison without bayle And vpon the Capias vtlagat ' the high Sherife shall do well to take bond of his Vndersherife or Baylifes with condition to bring the defendant to prison if he be arrested or taken For that diuers Vndersherifes and Baylifes if they haue taken a man vpon a Capias vtlagat ' they first take money of the Plaintife to take the defendant and after the defendant being taken they take money of him to let him goe againe they pretending that it is to reuerse the vtlary which they haue nothing to doe withall but are onely to imprison him Also vpon the Capias vtlagat ' tbe Sherife may seise and keepe his goods c. See thereof Plus hic cap. 15. The Sherife may retorne vtlary vpon an Enfant if he be aboue the age of 14. yeares And being taken the Sherife may imprison him and may seize his goods CHAP. 55. Capias ad valentiam VPon this writ the Sherife is to summon the defendant scz the vouchee to be before the Iustices at the day mentioned in the writ c. And he is to retorne the names of the Summoners with the writ The Sherife also is vpon this writ to seise the lands of the vouchee scz to such a proportion as the writ mentioneth into the Kings hands by the view and valuation of neighbours or other lawfull men of that County and is to retorn the certeinty of those lands and the day of such his seisure together with the names of those veiors and of the Summoners vnder his seale And this seisure must bee of such lands and tenements of the vouchee as he hath in fee simple by purchase discent or otherwise Vpon this writ against diuers the Sherife retorned that one of them had nothing c. And that of the other hee had taken according to the proportion but for that the Sherife cannot apportion without a warrant he was amerced Couenant In breue de Couenant Couenant whether it be to leuy a Fyne or otherwise the Sherife may make his Retorne thus Plegij de presequendo Ioh. Doo Rich. Roo Summonitores infranominati I. S. the Defendant I. R. W. G In a writ of CouenaÌ„t to leuy a Fyne Nihil Nihil seemes to bee no good retorne for the Sherife ought to summon him in terra petita In other writs of Couenant Nihil is a good retorne In writs of Couenant the Sherif may summon the Defendant by his person CHAP. 56. Retorn ' breuis Originalis in Debt Debt Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores Infranominat I.S. the Def. H R. W. G. A. B. Armig ' vic' And if the defendant be insufficient then the retorne must be thus Plegij de prosequendo Ioh. Doo Rich. Roo Infranominatus I. S. nihil habet in balliua mea per quod summoniri potest In this writ Nihil habet is a good retorne without saying Nec habuit post receptionem breuis or Nec habuit die quo c. for that shall be intended But in this writ it is no good retorne that the defendant hath payd the debt Hic cap. 36. Detinue In Detinue
and the Sherife must returne it accordingly Iurors for Enquiry ought also to be Probi Legales CHAP. 86. Iurors their number VPon euery Venire facias for the impannelling of a Iury the Sherife must returne 24. neither more nor lesse In a Writ of Attaint the Iury called the Grand Iury must be 24. And the Sherife must returne but so many Hic cap. 51. And in all other actions trialls or enquiries the Sherife vpon any Writ or precept directed to him for returning of a Iury hee is to impannell and returne xxiiij The Iury in a Writ of Right called the Grand Assise must be of foure Knights or of others in default of Knights summoned and returned by the Sherife which 4. Knights c. are to chuse a Iury of xij vnto them and so in all here must be xvj all which are to be summoned by the Sherife vpon a writ to him directed and their names to be returned At euery Gaole deliuery and Sessions of the Peace the Sherif is to return 24. Iurors for enquiry out of euery Hundred besides 24. for the body of the County hic cap. 46. 47. Vpon a Precept to the Sherife from Iustices of Peace out of their Sessions to return before them a Iury to inquire of any riot or forcible Entrie the Sherife must returne 24. But vpon issue ioyned vpon prescription of Common in a great wast lying in two Counties and a triall awarded de Vtroque Comitatu if in each Pannell twelue onely be returned it seemeâ—h to be good Iuries for enquirie in the Sherifes Turne shall be of twelue at the least And so in all Enquiries made or Inquisition takeÌ„ by the Sherife Escheator or other commissioner the same ought to be by 12. Iurors at the least And so of Trialls in the Countie Court by a Iusticies the same ought to be by twelue men Note that where seueral Indictments are preferred against diuers seueral prisoners the Sherife may returne one and the same Iurie two or three seuerall times to trie those prisoners so as the euidence against all the prisoners be deliuered all at one time No Sherife or other Officer shal take any reward or promise of reward for sparing not warning or not returning of any Iuror for triall of any issue sub poena 5. li. The Sherife is to adde and annex to his Pannell the names of such persons as shall bee impannelled vpon the Tales Note that there may be many Tales one after another till the Iurie be full as a Decem Tales Octo Tales c. Sex Tales c. But euery Tales must bee of a lesse number than the former And euery Tales must bee of fewer than the principall Pannell except in Indictments and Appeales that touch life And euery Tales must be of an euen number And they must bee others of the same sort that the principall Pannell were of Although the writ be Venire facias xij liberos legales homines yet if the Sherife shall returne the names of twelue onely he shall be amerced And if hee shall returne twenty three and twelue of them shall appeare and giue their verdict yet it is erronious CHAP. 87. The sufficiencie of Iurors BY a statute made 21. Ed. 1. and yet in force euery Iuror for triall of any matter within the county must haue in freehold per annum 40. s. Euery Iuror for triall of any matter out of their County must haue in freehold per annum at least v.li. Now it is to be obserued that forty s. in those dayes doth make at this present at the least six pounds of our money and therefore for the returning of more sufficient Iurors for trials by later Statutes it is now enacted that where formerly they ought to haue forty shillings per annum Now the Venire facias shall haue this clause Quorum quilibet habeat 4. li. per annuÌ„ ad minus And vpon such a Venire facias the Sherife shall returne no person vnlesse hee may spend 4. li. per annum of Freehold within the county and out of Antient Demesne And where that clause is left out of the Venire facias scz quorum quilibet habeat 4. li. there the Sherife may return such as haue any Freehold within the Countie where the Issue is to be tried But these last Statutes extends not to any Iurors to be returned in any citie or towne corporate or in Wales Againe no person shall passe in any Enquest touching life nor in any plea reall or personall whereof the debt or dammages declared amounts to fortie Markes except such person haue fortie shillings in land per annum so that they be challenged for that cause c. But where any Alien is a partie one half of the Enquest shall bee Aliens though they haue not 40 s per annum In writs of Attaint the Sherife is to returne vpon the graund Iurie more sufficient men scz if it be in plea of lands or for deeds concerning Lands of forty shillings per annum or in any Action personall of fortie pounds or more euerie of the grand Iurie must haue in freehold lands per annum twentie markes at the least See hic cap. 51. Euery Iuror returned before Iustices of Peace to enquire of any forcible Entrie c. must haue 40 s freehold ê‘ annum Euery Iuror returned before Iustices of Peace to enquire of any Riot c. must haue xx s free-hold ê‘ annum or in Copihold xxvj s viij d. per annum Vpon a Commission to enquire of the default of Iustices of Peace and Sherifes in not executing the Statutes made for suppressing of Riots such Iurors onely shall be returned as haue xx pounds ê‘ annum at the least Euery Iuror returned before Iustices of Peace to enquire of concealements of other Enquests must haue 40 s per annum Euery Iuror returned before Escheators or Commissioners to enquire of any lands must haue 40 s freehold ê‘ annum Euery Iuror impannelled in the Sherifes Turne must haue xx s. freehold ê‘ annum or in Copihold xxvj s. viij d For the sufficiencie of Iurors in Lancashiere Wales London and corporate townes See the Statutes Note that Tenant for life yeelding a rent with a clause of Reentry for Non payment is no sufficient freeholder to be sworne of a Iury his estate being so defeasible A Lease is made to B. for yeares the Remainder to C. in fee here C. may passe vpon a Iury for this freehold B. maketh a Lease for x. yeares absque aliquo reddendo here B. is a sufficient freeholder to passe vpon a Iury for his freehold remaining Plus hic cap. 92. Note that it is needfull for the Sherife to haue a booke conteining the names of all the Freeholders within his County and their sufficiencies that so he may not onely make the Pannells according to his oath but may also know their sufficiencie to be sureties or Pledges c. for others And besides if they returne any Iuror in
statute Vpon presentment of any Inneholder or Hostler for not making their Horse-bread of due Assise or for selling their victuall or prouander at vnreasonable prices they may fine the offendor and for the second offence they may imprison him without Bayle for one moneth and for the third offence they shall set him in the Pillorie Note that a presentment in this Court is not trauersable there after the day wherein it is presented except it toucheth the Freehold c. Note also that for all amerciaments assessed by the Sherife c. in his Turne for default of appearance or the like the Sherife may distreyne for such an amerciament in any place within his Countie CHAP. 110. The Countie Court THis Court was ordained for the Sherife to hold Plea there for particular or priuate matters vnder fortie shillings betweene partie and partie And this Court may be kept at any place within the Countie at the pleasure of the Sherife except in certaine Shires To this Court all persons dwelling within the Countie doe owe suit by reason of their resiancie Also a man may hold lands to doe suit seruice to this Court The Suitors for default of appearance shall be amerced scz if they were warned by the Baylife and that there be not a sufficient number to passe vpon Issues there depending But any Suitor may doe this his suit by his Atturney The Officer of this Court is one of the Baylifes And as to all Actions suits which are there betweene partie and partie either by Plaint or Writ the Freeholders or Suitors are Iudges in this court scz to find the partie guiltie or not guiltie c. But yet all Iudgements there as wel vpon Actions and Suit by plaint as by Writ shall be pronounced by the Sherife And if the Sherife shall giue false iudgment without the assent of the suitors the Sherife shall be punished c. And so if he shall doe any other thing without the Suitors there Quaere By Plaint In this Court the Sherife may hold plea off and may examine heare and determine by way of Plaint without any Writ of Iusticies certaine smaller personall Actions as of Debts due vpon Contracts Detinue of Chattells Assumpsit Couenant Nusances taking of Cattell and deteyning them Trespasse and the like hapning made or done within their Countie if that the debt or dammages be vnder forty shillings and the plea determinable by wager of Law Also the Sherife may make repleuin of cattell or goods taken and withholdden and may hold plea thereof in this Court without any Writ Quaere if that the dammages exceed the summe of fortie shillings Plus postea But hee cannot hold plea either by Plaint nor by Writ where the offence is laid to be vi armis Neither can they hold plea heere by plaint of any Debt due by Bond or Record nor in an Account nor any Plea of Disceit Maintenance Forger of false Deeds Detinue of Charters concerning Freehold nor of any reall thing nor of any personall thing aboue fortie shillings Neither may they proceed if the freehold come in question except it be by a Iusticies This Court also is incident to the Sherife and cannot bee granted from him and the entrie of all Pleas Proceedings there are belonging to him and he is to appoint his Clerks in this Court and such as he wil answer for No plaints shall bee entred in the County Court vnlesse the plaintife be present in the Court in person or by an Atturney or Deputy knowne to be of good name And the plaintife must find pledges to pursue his pleint Also the Sherife c. shall enter but one pleint for one cause contract or trespasse The plaintif must enter his pleint by writing and in full Court sedente Curia before the Sherife or Steward c. After the pleint entered the plaintife must procure the processe of the Court scz the Sherifes warrant to be directed to the Bailife to warne the defendant to appeare at the next court c. And the Sherife must make sufficient warrant precept or processe to his Bailife to attach or warne the defendant accordingly Sub poena 40 s. Any person as well plaintife as defâ—ndant may make an Atturney to sue for him in all pleas in the county court Plus cap. 112. For the further proceedings in these pleints the businesse thereof belongeth more properly to the Steward which notwithsanding you shall find more fully in my booke at large If any Sherife or Officer shall solicite or procure any suits in thâ—s court they shall be greeuously punished If the Sherife shall make any default in not warning the defendant or other execution of his office hee is punishable Note that this County Court must be kept euery moneth vpon a day certaine that all writs of Exigent may be there proclaimed And the Coroners are to sit there with the Sherife at euery County court there to giue Iudgement vpon vtlawries which Iudgement shall bee pronounced and giuen by the Coroners in the fift County and then the Sherife is to returne the vtlawrie with the Exigent CHAP. 111. Appeales of Robbery other Felonies and of Maihem and Rape may be sued in the County Court by bill before the Sherife and any one of the Coroners BVt vpon the Appeale sued there there shall bee first found to the Sherife two sureties de Prosequendo The proceedings in such Appeales is as in Appeales in the Kings Bench scz Capias Exigent c. And as to these matters of appeale as also as to the Iudgements giuen in this Court vpon Vtlawry this County Court is as a Court of Record CHAP. 112. Processe THe Processe in the County court in all personall actions as well in a Iusticies as where the suit is by pleint is a Summons Attachment and Distringas infinite Except in Trespasse and there onely an Attachment and Distring ' infinite Also if vpon the Summons a Nihil be returned then a continuall Capias where it is by writ Quaere if a Precept by Paroll be not good enough where the suite is by Plaint Either party may be essoined which must be at the beginning After the Essoines the Plaintife must be ready at euery Court hanging the plea otherwise he shall bee adiudged Nonsuit and he and his Pledges shall be amerced If the defendant doe not appeare then vpon the baylifes returne c. Proces shall goe out against him vt supra And yet both the Plaintife and defendant may appeare by Atturny Vpon the attachment Attachmeâ— the baylife must attach the defendant by some horse pot pan or the like and the baylife may keepe that vntill the next County which goods shall be forfeit if the defendant maketh default and then a Distring ' goeth out Or the defendant may put in two Pledges or Sureties for his appearaÌ„ce at the next Court and so Repleuy his goods and then vpon his default hee and his sureties shall be
amerced c. Distring ' Vpon the Distringas the baylife must distreine the defendant by his goods which he may keepe and which shall be forfeit vpon his default vt supra But if the defendant put in pledges there must be 4. at the least And after a Distring ' infinite shall goe out till the defendant appeare Tryalls All tryalls in the County Court are vsually by Ley Gager scz by the oath of the defendant if the suit be by Pleynt Or it may be by examination of witnesses Or by prescription it may be by a Iuriâ— But if the suit be by force of a Iusticies then the triall shall be by a Iurie of twelue men If the matter be found against the defendant Ezecutionâ— then they vse to grant out a Leuari fac ' to leuy the dammages and costs c. And yet by good opinions the execution in this Court is onely by distresse and impounding or retaining the cattell vntill the party be satisfied And that the Sherife cannot sell the goods nor deliuer the distresse to the party nor any execution lyeth there against the body But to haue the Iudgements giuen in this Court to be executed by the Sherife safely the party may procure out of the Chancerie a Writ de Executione Iudicij to be directed to the Sherife c. be the suit by a Iusticies or by Pleynt without Writ And then if the Sherife will not make execution an Alias and Pluries shall goe out and after an attachment against the Sherife CHAP. 113. Of the Writs of Iusticies PLeas in this County Court are sometimes holden by force of the Kings Writ of Iusticies directed to the Sherife which writ giueth speciall power to the Sherife to hold plea in his County Court and is therefore called a Vicountiel Writ This Writ is not returneable but therein the matter shall be tryed and determined in the County Court before the Sherife by a Iury according to the course of the Common Law And the proceedings therein shall be as in a Writs originall of the like nature in the Kings Courts at Westminster And the same Proces shall bee in a Iusticies as which the suit is there by pleint scz Summons attachment and distresse but no Capias in any case And the Sherife is to make the Processe c. to his baylife The Sherife by vertue of this Writ may in his County Court hold plea of lands or other pleas reall as also of pleas personall although the debt or dammages shall be aboue 40. s. to any summe whatsoeuer And though the freehold shall come in question where the suite is by a Iusticies yet this Court shall not surcease Where the Plea is by a Iusticies it seemeth that the High Sherife must or should sit in person to heare and determine the matter and yet the suitors are Iudges of the cause vt supra Where a Iusticies shall be sued before the Sherife onely and What Writs be Viscontiel scz triable in the County or Sherifes Court 1 Iusticies de Accompt 2 Admeasurement de Dower 3 Admeasurement de Pasture 4 Annuity 5 Assise de petite Nusance 6 Curia claudenda 7 Customes and seruices 8 Debt 9 Detinue 10 Dower vnde nihil habet 11 Droit Patent 12 Droit de Gard. 13 Homine Replegiando 14 Breue de Mesne 15 Natiuo habendo 16 Plegijs acquietandis 17 Quarentine 18 Quod permittat 19 Rationabil ' diuisis 20 Repleuin de biens 21 Secta ad Molendinum 22 Trespasse The Writ de Recaption may also be sued in the County Court but this must be before the Sherife and Coroners But note where the Plea is holden in the County Court by a Iusticies yet the same may bee remooued into the Court of Common Pleas. CHAP. 114. The Sherifes authority in making Repleuins VVHeresoeuer any mans beasts or other goods be taken and wrongfully withholden the owner of the goods may at his election sue a Repleuin by Writ or by Pleynt And the Sherife hath power to make Repleuy and to deliuer the cattell or goods in both cases The Sherife or his Vndersherife Per Pleint or any of his Deputies in the Country vpon complaint of beasts c. taken and withholden may presently make Repleuin thereof out of his Court yea in all places and may deliuer them And the Sherife may command his baylife either by writing or word to make deliuerance thereof But the Sherife or baylife c. must first come to the place where the cattel c. are deteyned and to demand both the view of them and to haue them deliuered When the Officer hath gotten the view of the cattell he shall presently deliuer them and shall giue day to both parties to appeare at the next County Court c. Yet before deliuerance thereof the Sherife or Officer must take Pledges scz sufficient security of the owner of the cattell Tam de prosequendo quam de Returno habendo c. hic ca. 45. or els the Sherife may be charged for the price of the cattell if returne be awarded This security most commonly is vsed to be by a bond of ten pound at the least with condition for his appearance at the next County Court and there to prosecute his suit with effect against the other for taking and withholding of the said cattell and to make returne thereof if returne shall be so adiudged c. If the beasts were taken within a Liberty and the baylife of the Liberty will not deliuer them vpon the Sherifs precept The Sherife must enter and deliuer them If the beasts be put into a Castle House Parke or Close c. the Sherif or his Officer may take Posse Comitatus if need be and shall beat downe the Castle c. and deliuer the beasts But yet the Officer must first come to the place where the cattell are so deteined and there demand the view of them and to haue them deliuered vt supra and whether any be present or no if they were warned then the Sherife may execute the Law as aforesaid If any other disturbance therein be made to the Sherife or his Officer they may take Posse Comitatus to make deliuerance The Sherife may not breake a close or hedge to make a Repleuy where there is a gate except the gate be locked vp c. Note where the Repleuin is by pleynt in the County Court it shall not proceede if any thing touching the freehold come in question Per Breue Also vpon a Writ scz a Iusticies directed and deliuered to the Sherife to make deliuerance of a distresse the Sherife or Officer after sureties taken de Prosequendo de Returno habendo as aforesaid must goe to the pound or place where the cattell be and demand the view c. vt supra and then shall deliuer them And the Officer shall also attach the defendant by his goods to appeare at the next County Court to answer to the Plaintife