attend it wholly They are vsually to be nominated yearely by the Lords c. and after are appointed by the King Their election or nomination shall be yerely in the morrow after Al Souls at the Exchequer This Office is determinable Determinable at the Kings pleasure But it cannot bee determined or apportioned as for one Towne or Hundred or other part of the Shire but must continue entire for the whole Countie except where any Town is made a Countie of it selfe and hath a Sherife within the same Towne c. Neither can this Office bee determined nor any part thereof vntill a new Sherife be made except by death of the King or of the Sherife Neither may the Sherife be abridged of any thing incident or belonging to his Office CHAP. 2. THe new elect Sherife at his entrance into his Office must first by himselfe or his Deputie enter Recognisance with sufficient sureties in the Exchequer in the Kings Remembrancers Office there before hee receiues his Patent 1. Must entâ— RecognÌ„ or exerciseth any part of his Office sub poena a hundred pounds The forme of the Condition of which Recognisance you may see hic Cap. 125. Next he must procure his Patents 2. Must prâ—cure his Patents from one of the Clerkes of the Chancerie scz The Patent of his Office whereby the custodie of the Countie is committed to him The Patent of Assistance whereby all the Kings Subiects within that Countie are commanded to be ayding to him He must also procure a writ of discharge to the old Sherife to discharge him out of his Office the which would be deliuered with speed for vntill that be deliuered to the old Sherife he may still doe execution of all Processe or other thing belonging to his Office 3 Must take his Oathes Also the new Sherife before he meddles in his Office must take two corporall Oathes The one to the Kings supremacie The other concerning the due execution of his office These Oathes may bee taken before one of the Iudges of the Assises of that Countie or before a Master of the Chancerie or else before Commissioners in the Countrie by a Dedimus potestatem The retorne whereof see hic Chap. 81. But vntill the new Sherife hath taken these oaths hee may not intermeddle in his office If he shall exercise his Office before he hath taken both these Oaths he is fineable in the Star-Chamber So if he shall not performe his oath concerning his office in euery behalfe he is fineable as aforesaid besides it is periurie The parts of his Oath concerning his Office are these First Truly to keepe the Kings rights of his Crowne scz his Lands rents franchises suits c. Secondly Not to respite the K. debs Thirdly to doe right to all in all things belonging to his Office Fourthly to acquite at the Exchequer the Kings Debtors hee hauing receiued their debt Fiftly truly to serue and returne all Writs Sixtly Nota. Not to haue to his Vndersherife any of the Sherifes Clerks of the yeare last past Seuenthly to take no Baylifes but such as he will answer for and such as be true and sufficient in the Countie Eightly To make each of his Baylifes be sworne for the true execution of their Office Ninthly to receiue no writ vnsealed Nor any sealed but by justices hauing authoritie c. 10 To suppresse Heresies called Lollaries and to assist the Ordinarie therein See hic Cap. 100. 11 To bee resident in his Countie except by licence 12 Not let to farme his Sherifwick nor any Bailiwicke 13 To set and returne reasonable and due issues after the estate of the parties Nota. 14 To make the Pannels himselfe and of persons dwelling neere sufficient and not suspect nor procured 15 To execute the Statutes of Winchester and of Vagabonds Now concerning the statute of Winchester the Sherife 1 First is to proclaime the same statute in euerie Hundred of his countie and in euerie Market towne by his Baylifes foure times in the yeare yet this seemeth now little in vse 2 He is to keepe horses and armor to follow hue and crie 3 If any suspected persons shall be taken vpon Hue and crie or by the Constables or townesmen vpon their Watches by night or by day and shall be deliuered to the Sherif he is to inroll the same and to commit them vntill the comming of the Iustices of Gaole deliuerie and in the meane time the Sherife is to enquire of the offendour by a Iurie whose presentment therein he must return before the said Iustices with the bodies of the offendors But now these Offendors are dealt withall by the Iustices of peace at the Sessions and therefore the Sherife not troubled with them as it seemeth otherwise than by enquirie in their Torne which see hic postea Cap. 107. But concerning the Statutes of Vagabonds I see not what the Sherife is to doe by vertue of his Oath or Office by any Statute now in force in that behalfe saue only to arrest commit them as suspected persons Hic cap. 4. The Sherife also is to take the Oath of Allegiance whensoeuer it shall bee lawfully tendred to him The new Sherife at or before his first Countie Court 4 Must take all prisoners and Writs or vpon the writ of discharge deliuered to his predecessors must take ouer from the old Sherife all his prisoners which are in the Gaole by their names and all his writs precisely by view and by Indenture to be made betweene the old Sherife and the new These Indentures must contain and expresse 1 All the causes which the old Sherife hath against euerie prisoner at the perill of the old Sherife with the prisoners names 2 All Writs with the names of the Plaintifes and of the Defendants and the dayes of the Retorne For the new Sherife shall bee charged onely with such prisoners and with such causes or Executions wherof he shall haue notice giuen him from the old Sherife The new Sherife is not bound to receiue any prisoner from the old Sherife but onely at the Gaole And yet if the new Sherife shall receiue the prisoner out of the Gaole the old sherife is discharged by such deliuerie and receiuing of the prisoner Also the new Sherife may compell the old Sherife to make deliuery by Indentures of all prisoners and of all executions against them and yet if the new Sherife will receiue them otherwise it sufficeth But where the old Sherife shall happen to die during the time of his Office there without deliuerie or notice the new Sherife is chargeable presently with all prisoners is also to take notice of all Writs in the hands of his predecessor c. and of the Contents thereof and of all prisoners and the causes of their commitment as it seemeth The form of the Indentures for seting ouer prisoners and writs between two Sherifes see in my booke at large Note that by the death of the king or
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
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
THE OFFICE AND AVTHORITIE OF SHERIFES Abridged by the former Author MICH. DALTON of Lincolnes Jnne Esquire Mon entent est de bon̄ amoure IN DOMINO 〈…〉 LONDON Printed for the Companie of Stationers 1628. TO THE RIGHT Honourable THOMAS Lord Coventrie of Allesburrough Lord Keeper of the Great Seale of England and one of his Maiesties most Honourable Priuie Councell Right Honourable THe Office of a Sherife as it is a Place of great Authoritie and Trust in the gouernment of this Commonwealth so withall is it and Office of great perill and danger not onely to the Sherife himselfe but also to the Kings Maiestie and to his Subiects in generall if the same be not truly and carefully executed in euerie behalfe It were therefore meet that such as shall be appoynted thereto be men of Worth and Note not onely for the sufficiencie of their estate but also for their sinceritie and honestie Neither are all these sufficient where the High-Sherife shall trust his Vnder-Sherife with the whole businesse And it is further to be wished That the Gentlemen of the Country vpon whom the burthen of this office lieth would keepe this their Office in their hands and their Vnder-Sherife in their houses that so by their continuall eye ouer their Officers care of their businesse they might the better discharge their dutie herein And for that I conceiued that a plaine discouerie of this Office would giue encouragement to the Gentrie so to vndertake the same the consideration thereof caused me formerly to present to the view of the world my Labours in this Businesse though before they came to any ripenesse And albeit I haue sithence learned little of the Mysteries and secresie of the same Office I meane as it is commonly practised by some vnder Sherifes and therfore cannot yet bring it to any perfection Neuerthelesse I thought it fit according to my poore abilitie still to endeauor my selfe therein and to bring the same at least to a more short easie and readie Method And accordingly I haue herein set down their Authoritie and Office far more plainly and briefely than before with reference to my booke at large where the Reader may receiue more full satisfaction And I haue presumed to labour in this businesse the rather to giue occasion to others better able and experienced to perfect a worke so needfull I acknowledge this my weak vndertaking farre vnworthy of your Lordships iudicious Eyes much more vnworthie so great a Patronage and yet for that I stand bound in duty to submit and lay downe my Labours where I owe my Seruice and againe for that your Lordship in regard of your high Place hath a principall charge vnder the Kings Maiestie for the appointing and naming of these great Officers of Iustice and in regard of your profound Iudgement Wisedome and Experience your Lordship is best able to iudge of the mischiefes and to giue remedie therin as also for that I haue a peculiar relation to that Honorable Court where your Lordship is supreame Iudge To you therefore I humbly and submissiuelie present this little Treatise The God of Heauen and Earth preserue your Honour long amongst vs to the good of his Church and of this Common-wealth Your Lordships in all humble dutie MICH. DALTON To the Noble and Right worthy Knight Sir Gyles Alington Sir THough it bee most safe and easie for a man with the Psalmist to commune with his owne heart in silence according whereto the Prouerbe also sayth Bene vixit qui bene latuit yet for that it is more behoouefull to the Common good either in Church or Common wealth for one of which all men are ordained that such Talent wherewith God hath enabled any bee it neuer so small should bee imployed and communicated to the good of others The consideration hereof hath mooued me to aduenture this as other my former weake Labours to the view of the World And although I haue offred in this my labour to the honourable Patronage of one to whom I am in dutie bound yet withall out of that respect which I doe owe to you I am bold to tender also this little Treatise to your view and to desire your acceptance hereof as a token of my Loue to you to whom I must acknowledge my selfe for many your fauours much obliged and shall euer remaine Your brother in law vnfainedly honoring you MICH. DALTON The Office and Authoritie of Sherifes CHAP. I. Their Name Antiquity Charge COmes Comes The Earle or Countee had antiently the gouernment of the Countie or Shire vnder the King and that charge and custodie which the Sherife now hath for the executing of all matters of Iustice was antiently committed to the Earle Vicecomes Vicecomes the Sherife est vicem gerens seu vicarius Comitis or is as the Earles Deputie and was first ordained to doe that seruice in the executing of matters of Iustice within the Countie in the absence of the Earle which the Earle should doe After Earles by reason of their high imployments and atttendance vpon the King being not able to follow the businesse of the Countie were deliuered of that burthen onely enioying the honour and the authoritie for the administration and execution of Iustice which the Earle formerly had is now committed to the Sherife And yet the Sherife hath this his authoritie from the King by his Letters Patents immediately and not from the Earle Subuicecomes And the Sherife may make his Deputie scz his Vndersherife who in matters concerning their ministeriall Office at this day wholly executeth the place in the right of the High-sherife But where the Sherife hath a iudicial power or is made Iudge of the cause there it seemeth hee must execute it in person and not by his Vndersherife or other Deputie See hereof hic Cap. 4. Sherifes were long before the Conquest Their antiquitie and were first ordained by King Aelfred about An' 872. as some write yet others thinke them to haue bin long time before They are the Kings Deputies within their Countie and their charge Charge is to defend and keep the Kings peace within their said Countie and to suppresse and punish malefactors there to execute the commandements Processe and Precepts of the King and his Iustices and to keepe the Kings rights of his Crowne within their Countie They are also to bee attendant vpon the King in time of warre and to cause all the People of their Countie to goe with the King for to defend the Land against the Kings enemies They also haue the administration of Iustice in some cases committed vnto their charge within their County scz within their Tourne they are to enquire of and deale with matters concerning the King Commonwealth and in their Countie-Court to heare and determine particular suits matters betweene partie and partie What manner of persons They must therefore be men of sufficient estate of lands within the same Countie and such as may
deliuered in execution by force of an Elegit The Lands of a Bishop or Lands which a man hath but during the Couerture may be deliuered in Execution vpon an Elegit Vpon an Elegit if the Sherife shall extend a Lease for yeares the Iury which he shall cause to enquire thereof must finde the beginning of the Lease and also the certenty of the terme to come And this certentie of the Terme ought to appeare vpon the Sherifes retorne of the Inquisition But vpon a Fieri facias the Sherife may extend and sell away the Lease or Terme without reciting any certenty scz the Sherife may in his sale therof recite that the Debtor hath a Terme of such a Close pro termino diuersorum annorum adtunc ventur ' and that he selleth the same to I. S by force of the Furi fac c. But if the Sherife will take vpon him to recite the Terme and recites it falsely and so selleth the same Terme such his sale is void except withall the Sherife selleth also all the Interest which the debtor hath in the same land Also the Sherife ought not or at least needeth not to mention any certenty of the Terme in his Retorne of the Fieri facias but generally quod fieri fecit de bonis catallis c. And the Sherife hath election either to sell quite away a lease for yeares remaining in the debtors hands or else he may onely extend and deliuer the same terme or lease to the Conusee at a certaine yearely value which last seemeth to be the most indifferent course for that there still remaineth a property in the Conusor so as vpon payment of the debt he may haue his terme or lease againe Note that no stay or delay of any execution shal be vpon any writ of Error or Supersedeas except there be security first giuen to the Plaintife in the Court where the Iudgement shall be giuen to prosecute the Writ of Errour with effect to satisfie the debt dammages and costs c. 3. Iacob Cap. 8. Plus hic Cap. 58. CHAP. 29. Execution vpon a Capias ad satisfaciendum VPon this Writ the Sherife must arrest and take the bodie of the partie and put him into prison and there must keepe him without Bayle or mainprise vntill satisfaction or agreement be made to the Plaintife of the whole debt and dammages recouered against him So that if the prisoner doe escape the Sherife must pay the whole debt and dammages except the prisoner be presently taken againe vpon fresh suit Also if the Sherife shall suffer such a prisoner to goe out of prison vpon Bayle or with a Keeper except it bee by the Kings Writ the Sherife shal be answerable for the debt And therefore the Sherife must bee sure to keepe such prisoners safely and may put them in fetters and gyues But if such a prisoner doe escape of his owne wrong scz against the will or without the consent of the sherife or officer then the Officer may take him againe by vertue of the same Writ before the Retourne thereof when and wheresoeuer he can find the prisoner although it bee in another Countie Yea it seemeth the Sherife at any time may take such prisoner making an escape of his owne wrong againe and may keepe his bodie in custodie vntil he hath made his agreement with the Sherife c. Or where such a prisoner doth escape of his owne wrong if hee bee taken againe by the Gaoler c. the prisoner shall remaine in execution for the partie againe if the partie will And yet where a Knight or Bourgesse of the Parliament or other person so priuiledged shall be taken in execution the Sherife ought presently to deliuer such prisoner being sent for by the House c. and the partie may after the Parliament haue a new execution against the Debtor What persons may not bee arrested and taken vpon a Writ of Execution See hic ca. 21. hic infra Such persons as are necessarily attendant in any of the Kings Courts although they being arrested vpon any originall Processe shall be discharged thereof vpon shewing their Writ of Priuiledge yet if they shall bee taken vpon any execution the Sherife ought not to deliuer them vpon their writ of Priuiledge for then the partie should be without remedie Where a man is in the Sherifes custodie vpon an execution the Sherife may not deliuer him nor suffer him to goe at large though with a Keeper vpon any commandement of any of the Kings Courts or Iustices as it seemeth without it be by the Kings writ Plus hic Cap. 21. Yet if one in execution bee suffered to goe at large for a time by the commandement of the Court and by the consent and agreement of the Plaintife and after the prisoner returneth againe this is not any escape But where the Sherife hath one in execution for debt if an Habeas Corpus or Corpus cum causa cometh to the Sherife to haue the bodie at Westminster c. vpon a certaine day heere the Sherife may not onely carrie his prisoner to London through another Countie but the Sherife in these cases may go and take what way or place he shall thinke to be most sure and safe for himselfe and to carrie his prisoner And vpon a Corpus cum causa or a Certiorari c. procured by any person being in execution the Sherife must returne the truth or cause of the prisoners in prisonment that so the prisoner may be remanded c. If the Sherife shall arrest one vpon a Capias ad satisfaciendum and shall not returne the Writ nor satâ—sfie the Plaintife this is an escape and the Sherife is chargeable for the debt neither may the Sherife arrest the party againe for the same cause Vide hic cap. 54. If the Sherife hath arrested one vpon a Capias ad satisfac ' c. and after the prisoner is rescued from him this is an escape and the Sherife is chargeable for the debt Execution vpon a Leuarifacias Vpon a Leuari facias the Sherife cannot seise the lands and deliuer them to the party but he is onely to take the corne grasse and other profits growing vpon the lands and the goods and chattells of the debtor and may deliuer them to the party and the Sherife may take the Rents payable by the tenants in execution of the debt and bring them into the Court. Note that the Sherife in debt may deliuer any land whatsoeuer that the party had the day of the Iudgment giuen or at any time afâ—er into whose hands soeuer they shall come But as to Chattells the execution shall be of such onely as the party defendant had the day of the Execution sued scz the day of the Teste of the writ of execution So that if the defendant shall sell his goods bona fide after iudgement and before the writ of execution sued those goods are not to be taken by the Sherife
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
returneth a Fieri facias c. hee must withall haue the money in Court at the day Or vpon a Fieri facias if it be duly executed and the money paid to the Plaintife or he otherwise satisfied the Sherife needeth not to return the writ Hic cap. 38. Also vpon a Fieri facias the Sherife may sell a Lease for yeares and yet neuer make any mention thereof in his Returne but to returne generally Quod fieri fecit de bonis catallis c. Vpon a Fieri facias against I.S. who dieth before execution the Sherife may leuie the execution of the Executors or administrators of I.S. Vpon a Fieri facias if it shall appeare to the Sherife that the Defendant hath sould his goods by couin after the Recouerie there the Sherife is to make execution of the goods notwithstanding such sale Plus hic cap. 30 36 29. Vpon a Fieri facias sur Deuastauit vpon a recouerie had in debt against Executors the Sherife may return That the Executors haue sould and wasted diuers other of the Testators goods and conuerted the money to their own vse He may returne That the Executors Nulla habent bona seu catalla de bonis suis proprijs in balliua sua vnde c. Also vpon this writ the Sherife may take and seise into his hands such goods of the testators as are remaining in the Executors hands Formedon Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores Infranominat I.S. I. H. T. S. Vpon a Formedon the Sherife may returne Tarde c. But in a Formdon the Sherif may not returne Quod nihil habet c. Or Non est inuentus c. For that in this writ the Sherife may summon the Defendant vpon the land demanded whither he be Tenant thereof or no. CHAP. 62. Garrantie de Charters THe Processe in this writ is Summons Attachment and Distringas infinite and vpon euerie of these the Sherife may returne as is before shewed In this writ also Nihil is a good returne Briefe de Gard. In this writ the Defendant is to be summoned Vpon this writ the Sherife may returne That the Enfant is in another Countie In this writ vpon the Distresse with Proclamation the Sherife may returne Tarde scz That the writ came so late that he could not make Proclamation Vpon the distresse with Proclamation the Sherife returned that as to the distresse Mandauit balliuo libertatis c. and as to the Proclamation That he made it himselfe this is no good returne by some opinions for that the whole returne and seruing of the writ belongeth meerely to the bailife Tamen quaere for that the Proclamations are to be made by the Sherife in the countie Court therefore he ought rather to execute the whole Grand Cape Virtute istius breuis c. tali die anno per visum R.H. T.H. proborum legalium hominum de com' meo Cepi in manus Domini Regis terras infrascript ' prout interius mihi praecipiter Summonitor ' I.D.R.F. Aliter Or Cepi in manus Domini Regis omnia terras tenementa reddit ' seruic ' cum pertin ' in breui isto specificat ' secundum formam huius breuis Note that the Grand Cape must bee serued scz the lands must be seised into the Kings hands by the view of lawfull men fifteene dayes before the day of the Returne scz before the primo die and the Sherife shall bee accountable for a the issues thereof And yet by some opinions those words Cape in manus nostras are but of form and that the Sherife ought not to seise the lands into the Kings hands by force thereof see hic cap. 11. But the Sherife must summon the tenant to answere to his default further to answere to the Demaundants action Also the Sherife must returne the names of the Summoners and veyours In this Writ the Sherife may return that the party hath nothing per quod Sommoniri potest He may returne Quod nullus venit ex parte querent ' ad ostendend mihi terras ideo non potui Capere c. He may return that there is no such Turne c. Hee may returne Mandaui balliuo libertatis c. Cepi in manus Domini Regis duos solidat ' redditus infrascr ' ê‘ visum c. De Petit Cape vide hic cap. 11. 31. CHAP. 63. Habeas Corpus Et corpus cum causa VIrtute istius breuis vobis Iustic ' infraspec ' certifico quod ante aduentum istius breuis infranom ' I.S. Captus fuit in tali loco prisone c. Commiss pro suspitione proditionis feloniae sur Capias vtlagatuÌ„ or excom ' sur Account pro transgressione or Virtute alterius breuis Domini Regis cuius tenor ' sequitur ' c. Attamen corpus eius coram vobis ad die et locum infracontent ' prompt ' habeo prout interius mihi praecipiter And yet if a man be in prison for treson or felony and be attainted it seemeth the Sherife may returne this and that therefore hee cannot haue the bodie in Court at the day c. Aliter Infranom ' I.S. Captus fuit c. Et Prisone c. Commissus virtute cuiusdam breuis de Capias ad satisfact ' Ideo corpus eius ad diem c. habere non possum prout c. But quaere of this retorne ss For if a man be condemned in any Court for Debt or Damages recouered and his body be therupon taken in execution and then he procures any writ to the Sherife to remoue his body c. The Sherife ought to bring in the bodie at the day according as he is commanded by the writ And withall the Sherife ought to returne the speciall matter and cause of the condemnation that so at last the prisoner may bee remaunded c. Infranom ' I.S. languidus est in prisona Aliter ita quod propter mortis periculum c. ipsum tute remouere non possum Infranom ' I.S. per me non captus fuit Aliter sed ê‘ I. C. militem nuper vic' praedecessor ' meum mihi per ipsum minime delibertat ' in exitu ab officio suo Ideo corpus eius c. habere non possum c. Also vpon these writs it is a good retorne that the party is dead Domino Regi certifico quod I.S. infrascr ' Aliter non detent ' existit in prisona sub custodia mea Nec fuit die receptionis huius breuis nec aliqua causa detentionis ipsius I. penes me residet Et ideo corpus ipsius I. causa detent ' illius coram Domino Rege ad diem locum infracont ' habere non possum prout interius mihi praecipitur And note that these writs of Habedi corpus Corpus cum causa are to bee executed by the Sherife notwithstanding any
those ten acres were in such a field and abuttalled by them without bringing the Tenaunt to any parcell thereof and the Sherife returned it accordingly and it was holden a good view Note that when the Sherife maketh the view hee must goe to the Tenements c. demanded or to some part thereof And he must haue the Viewors present who are to take view of the thing or place in question c. And he ought to giue warning to the Tenant of the time when the view shall be made And hee must returne the names of the Viewors vt supra and must warne them to bee before the Iustices at the day mentioned in the writ to testifie their view c. Homine Repleg ' Virtute Homine Repl ' c. Iustic ' infrascr certifico Quod statim post receptionem eiusdem breuis accessi ad praed ' I. S. de pleg ' facere praed ' B. quem praed ' I. S. mihi ostendere noluit sed praed ' B. ante aduentum istius breuis ad loca mihi incognita elongauit Et post receptionem eiusdem breuis praed ' B. non est inuentus in balliua mea ê‘ quod praed ' B. repleg ' non possum prout interius mihi precipitur Aliter Virtute c. certifico quod praed ' B. clongatus est ad loca mihi incognita per infranom ' A.C. D. ê‘ quod c. The Sherife also vpon this writ may make these retornes following scz That hee could not haue the view c. ê‘ quod c. That the defendant claymeth the Plaintife to be his Ward That the defendant claymeth the Plaintife to be his Villen CHAP. 64. Inquisitions by a Iury. FOr the forme of the Inquisitions and returne thereof See hic cap. 58. Inquisic ' 68. Inquisitions in what cases Vpon a Writ of Admeasurement hic cap. 49. Vpon a Capias vtlagat cap. 54. Vpon a writ to enquire of damages scz in Detinew cap. 56. Dower cap. 56. Trespas cap. 77. Vpon an Aetate probanda cap. 57. Vpon an Elegit cap. 58. Vpon an Extent ibid. Vpon a partition cap. 68. Vpon a Proprietate probanda cap. 73. Vpon a Redisseisin c. 93 Vpon a Secunda Superoneratione cap. 76. Vpon a writ to enquire of wast cap. 79. The Sherife in all his Inquisitions taken and returned by him must therin set down the certainty of the yere day place of the taking of the InquisitioÌ„ If the writ appoints that the Enquest shall be taken at a day or place certaine the Sherife must retorne that it was taken at the same day or place Where the Sherif is to make an Inquisition it seemeth to some that none of the Enquirors may be challenged for that they are but an enquest of office but yet in a writ to enquire of wast where the Sherif is both a Iudge an officer the Enquirors may be challeÌ„g'd if the Sherife shall deny it it is error And so it is in a writ of Redisseisin And so note that the Sherif may make the Pannell and after may aiudge the same to be quashed if there be cause Where the Sherife is to make Inquisition by a Iury and the Iury appeare and haue their charge c. and by reason of some difficultie the Sherife giueth to the Iurours respite for certaine dayes at the day so appointed to the Iurie to bring in or giue their verdict one of the Iurie maketh default quaere whither the Sherife may not assesse a reasonable fine vpon him and returne the same fine especially where the Sherife is made a Iudge of the cause And such giuing of respit to the Iurors by the Sherife seemeth warrantable Note wheresoeuer the Sherife shall make a false returne an Action Sur le case lieth against him but if the Sherife shall make Inquisition by a Iurie and returne the same although it bee false yet the partie hath no remedie against the Sherife nor against any other Quod nota bene But if the Iurie shall find any thing without warrantie the Sherife shal take or returne the same he shall bee amerced See hic cap. 79. What the Iurie may find and what not see hic cap. 56 58 77 79. In euerie case the Sherife ought to make his enquirie by twelue men at the least And when the Iurie haue appeared the Sherif must sweare them and then giue them their charge scz to make enquirie according to the Writ After the charge giuen if any of the Iurie shall depart without giuing vp their verdict the Sherife may returne That the Iurors were charged before him and that after such of the Iurie or the Iurors departed in despight of the Court without giuing vp their verdict and such Return is good and an Attachment will thereupon go out against the Iurors Note that all Inquisitions made by the Sherife must be by writing indented returned vnder the seale of the Sherife and of euery Iuror An inquisition taken and executed by the Sherife in the time of one King and then the King dyeth quaere whether the Sherife shall now returne the same inquisition without a writ first to him after directed for that purpose Vpon an inquisition if any doubt shall arise c. the Sherife may returne that hee and the Iurie were in doubt shewing wherein and so pray the aduice of the Court therein Hic ca. 58. And in most Inquisitions the Sherife is to summon or giue warning to the parties that they may be preseÌ„t therat if they will scz to plead giue in euidence or make their Challenge c. CHAP. 65. Leuari facias VIrtute Leuari facias c. Cepi in manus Domini Regis quoddam hospitium cum tribus shopis ipsius I.S. infraspec ' Quae valent per annum vltra repris x.l. Et quod praed hospicium cum shopis praed saluo custod donec aliud a vobis inde habeo in mandatum Vpon a Leuari facias the Sherife may returne that hee hath leuied ten pounds of the summe the which hee hath deliuered to the Plaintife Plus hic cap. 29. Aliter I.S. infrascr ' nulla habet ' bona siue catalla in balliua mea de quibus denarios infrascript ' aut aliquam parcellam inde leuari possum prout interius mihi praecipitur Lattitat Vpon a Lattitat Nonest inuentus is a good returne Also Cepi Corpus and other returns may be made vpon a Lattitat as vpon a Capias ad respondendum as it seemeth Liberate Vpon a Liberate Liberate if the Sherif hath duly executed the writ and payd the money to the Plaintife he needeth not to returne the writ Hic cap. 38. Virtute istius breuis tali die anno Liberaui L. S. infranom ' ManeriuÌ„ infraspec ' cum pertin ' Tenendum sibi assign ' suis vt liberum tenementum suum quousque sibi de debito infrascr ' vna cum dampnis
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
the King he is accomptable or chargeable for the same Yet Sherifes shall not be accomptable but onely for their owne times Quaere Euery Sherife by himselfe his atturny or deputy shall bee sworne at his day of prefixion to bring and deliuer into the Eschequer Rolls of parchment of all such particular sums of money which he hath or might haue leuyed making mention of what person of what lands and for what cause any of the said summes be If the Sherâ—fe or his Officers shall gather the Kings rents or shall leuy the Kings debts or other duties and shall not accompt for the same in the Eschequer the Sher fe is liable both to the King and to the action of the partie grieued besides the danger of his oath If the Sherife shall seise the goods of one that is outlawed or for any other cause and shall not vpon his account answer the King for the same hee is chargeable both to the King and party c. For note that the Sherife in an action of trespasse c. brought against him by the owner of those goods must plead that he hath accounted for them Note also that the High Sherife is accomptable to the King for all things belonging to the office of the Sherife and the Vndersherife is accomptable to the High Sherife The manner of the Sherifes account see in Master Wilkinson of the office of Sherifes fol. 36. 37. For the ordinary charges of the passing of their accompt See ibid. fol. 38. 39. 40. 41. None of the Sherifes of the Counties of Surrey and Sussex Essex and Hereford Sommerset and Dorset Warwicke and Leicester Nottingham and Derby or Oxford and Berksh besometimes ioyned shall pay in any Court of Record for any duely belonging properly to the Office of a Sherife any orher fees or charges than only the one halfe of the charges and fees which he should haue paid if hee had beene Sherife of two of the said shires as formerly was vsed And their charges and rewards c. shall bee diuided By the Statute of 5. R. 2. cap. 11. the accompts in the Eschequer shall bee more speedily heard made and ingrossed than they were woont c. Before the Sherife come to his accompt or Opposals before the forreine Opposer let him be carefull fully and truely to learne which are good debts and which are not and which are within Liberties and which are not For with the forrein Opposer the Sherife must either Tot Nihil or set ouer into Liberties all the debts sums of mony conâ—eined in the summons of the greene waxe and in the Extracts of the peace of the County where he was sherife and therefore hauing first learned which be good debts and which not and which be within Liberties and which not he may make his booke of all his charge accordingly What allowances they shall haue vpon their Account All Sherifes shall haue such tailes of Reward and other allowances as they haue heretofore had Also they shall bee discharged vpon their accounts in the Eschequer vpon oath of such summes of money which they cannot leuy See the Statute 2. 3. Ed. 6. cap. 4. Sherifes shall haue allowance by there oath of the issues of their Countie They shall haue allowance vpon their accounts by their oaths of things casuall but not of such things as remaine in yearly farmes or yearely demands If an accountaÌ„t being Nichilled will sweare that hee oweth nothing to the King he shall be therupon discharged Statute 5. R. 2. cap. 13. Sherifes vpon petition and bills brought in vpon oath shall haue allowance for their charges and expences which they sustaine by the Dyet of the Iustices of Assise and other meanes c. Sherifes also shal haue allowance for their charges or wages of the Iustices of Peace at their quarter Sessions but the Sherifes allowance herein is but foure shillings a day a peece for eight Iustices Note that all fines amerciaments issues forfeitures and penalties whatsoeuer arising before the Iustices of peace at their Sessions are to be estreated by the Clarke of the Peace out of the records of the Iustices and to bee indented by him and then to bee deliuered one part to the Sherife to leuy the same thereby and the other part to bee certified to the Barons of the Exchequer And the Sherife is accountable for the same in the Exchequer vpon those estreats so certified into the Exchequer and so in many places the Sherife payes them to the King and neuer hath them againe nor any allowance saue onely foure shillings a day a peece for eight Iustices vt supra and the surplusage is in many Counties pursed vp by the Clarkes of the peace who receiues all the fines and thereout payeth or might pay the Iustices wages and then deliuer the resident the Sherife and should make his estreats accordingly The course of the Eschequer is said to be thus scz that so soone as a sherife hath entred into his account for issues amerciaments or meane profits for intrusions and alienations without licence to marke vpon his head O Ni which is asmuch as Oneratur Nisi habeat sufficientem exonerationem c. and presently the sherife is thereby become the Kings debtor and a debet set vpon his head And so soone as the sherife is become the Kings debtor of record vt supra the other parties are also presently become debtors to the sherife And the sherife in that case shall cause the debt to be leuied against those particular persons by a Constat But where the King by Parliament shal pardon all Issues Amerciaments and Intrusions c. if the Sherife after such pardon shall enter into his account without taking aduantage of the Pardon here the Sherife is chargeable to the King by his owne follie and the particular persons are at libertie and shall haue aduantage of the Pardon c. Amongst other things it is behoofefull for Sherifes and Vnder-Sherifes vpon the making of their accounts to haue a speciall care of their Totting Nichilling scz What they Tott or charge and what they Nichil or discharge and that they charge or discharge men orderly honestly and with vnderstanding for what they Tott or charge though it can neâ—er be leuied yet it will hardly bee auoyded but it must be paid and if it be Nichilled if it be Issues of Iurors though they bee neuer so bad and cannot be leuied betweene the old Sherife which returned them and the new Sherife which Nichilled them they must be paid though it be seuen yeares after if there come no pardon in the meane time The Sherifes discharge Where they shall be discharged vpon their accompt and oath of such summes as they can not leuy See antea Sherifes hauing here Quietus est they their heires executors and administrators and their lands tenements goods and chattells shall be absolutely discharged of their accompts scz of all manner of summe or summes of money which they shall