Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	justice_n	peace_n	session_n	1,454	5	10.8701	5	false

Text snippets containing the quad

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

Rule to bring in the Body of B. W. the next day Sub Poena 20 l. and so are all Presidents of Felony and Treason Note If it appear that the Committment is good and there is good Cause the Court remands the Prisoner if it is not good they Discharge him if it be doubtful they Bail him The Sheriff may suggest that the Party will Who to pay the Charges of the Retorn not pay his Charges of Retorn of Habeas Corpus ad faciend ' recipiend ' which is at the Suit of the Party But contra in Habeas Corpus ad faciend ' subjiciend ' which is at the Suit of the King he must Retorn at his Peril 1 Keb. 272 280. the King versus Armiger And on Habeas Corpus to remove any Prisoner the Sheriff must Retorn the Writ and the Court will allow his Charges here So in the Case of the Steward of Upon Habeas Corpus the Officer ought to bring the Prisoner to the Court and the Court shall tax Charges and compel payment if the Officer and Prisoner or Plaintiff cannot agree or payment be not made according to the Agreement Sir Tho. Jones p. 178. Error on a Scire fac ' on the Sheriffs Retorn being an Original Suit lies not in the Exchequer Chamber but Error on Scire fac ' Quare Executionem non hath been constantly allowed to lie there 2 Keb. 833. Jones and Anderson The Form of the Retorn Languidus Detent ' in Prisona attamen Corpus ejus c. The Causes of the Caption and Detention Retorned vide Dalton cap. 63. that he was taken in Execution by the late Sheriff c. that he was Imprisoned by a Justice of Peace his Warrant Retorn of a Certiorari per Viscount The Sheriffs of London appeared in Court in their proper person upon a Rule of Court to shew Cause why they did not grant out Execution upon a Judgment given in their Court or else to make a sufficient Retorn of a Certiorari directed to them because they had made three insufficient Retorns Stiles p. 444. A Certiorari was directed to the Sheriff to certifie whether the Conisor in a Recognizance had an Heir Jones p. 319. CHAP. XII How many sorts of Juries Of Retorns and by whom Retorned what manner of persons shall not be Retorned on Juries and how they shall be Discharged Where when and how persons exempt shall have Action against the Sheriff for Impannelling them Of returning trop petit Issues Of levying the Issues Of other Erroneous proceedings and misdemeanors of Sheriffs about Jurors What Estate every Juror must have by the late Statute of 4 5 W. M. Of Challenges The several sorts and causes of Challeng and what are good or not and when to be taken Of Enquiry Of Tryals betwixt Party and Party Jurors are of two Sorts Juries to Enquire are grand Juries at Assizes or the Quarter Sessions So Juries Retorned before Justices of Peace to enquire of Riots Forcible Entries and Juries Retorned before Commissioners of Sewers or upon the Statute of Bankrupts Coroners c. and Inquisitions taken before the Sheriff and all these the Sheriff is to Summon except Bankrupts Qu. Now upon every Tryal in personal Actions the Sheriff must Retorn two Hundredors at least Cok. Litt. 1 25 158. As for the number of Jurors Retorned vid. Dalton 86. Retorn of Jurors If it be conceived an indifferent Jury will Jury Retorned by the Secondary not ●e Retorned in the Country the Court on motion will order the Sheriff to attend the Secondary of the Office with the Book of his Freeholders to have an indifferent one Retorned Pract. Reg. 163. So it was done in Pooles and Markham Case Stiles 477. because the Plaintiff in a former Tryal between the Parties had Feasted four of the Jury and had Feasted some of the Jury that were Retorned upon that Tryal and the like was done in Coxes Case 15 16 Car. 2. B. R. because Cox who was Intitled to the Reversion had forbid Rent to be paid by the Tenants and took on him the defence of the Ejectment brought against the Tenants was of Kindred to the Sheriff and Undersheriff and Trustee for them But in another Cause 17 Car. 2 B. R. The Court on Certificate of a Judge that Verdict was given contrary to Evidence would not allow that the Sheriff should bring in the Book of Freeholders to the Secondary for the ill Example but ordered the Sheriff should Retorn a good Jury in the new Tryal Upon motion that the Cause to be Tryed at the Bar is of great consequence the Court will make a Rule for the Sheriff to Retorn 48 Jurors upon the Jury Pract. Reg. 163. When a Tryal is to be for a thing which concerns Who to Retorn the Jury the Undersheriff there the High Sheriff shall Retorn the Jury aliter if the Tryal concerns the High Sheriff the Undersheriff shall not Retorn the Jury but the Coroners Pract. Reg. 164. What manner of persons shall not be Impanelled on 8 Rep. 5. 3. 6 Rep. 108. 9 Rep. 49. Juries and how they shall be Discharged and where they shall have Actions against the Sheriff for Impannelling of them The Sheriff ought not to Retorn Priviledge Exemption to be exempt from Juries but he ought to Summon and shall not be liable to an Action Siderfin p. 243. The King and Percival the Case was Venire fac ' was awarded to the Sheriff of the City and County of Canterbury to Retorn a Jury here at the Bar and upon the Distringas the Sheriff Retorns this to be an Antient City and County and that the King had granted to them an Exemption not to serve in any Jury out of their City except in Cases of High Treason and by express words that they should not serve coram ipso Rege Per Cur ' First The Retorn is ill Because if it were in the power of the Sheriff to Retorn Priviledge he cannot do this upon the Distringas or Habeas Corpus as he did here because by the Retorning of the Venire viz. That there are 24 prob ' Legales homines he had concluded himself there being also Pledges upon every such Retorn Secondly That the Sheriff may not Retorn so Priviledge of Exemption when to be clai●ed at any time but ought to Retorn them Summoned and the Parties ought to come here and then every person who had cause of Priviledge ought to calim here in person and not the Sheriff for them More 883 30. Wallers Case Siderfin 293. The King and Percival The Court awarded an alias Distringas in regard the Sheriff cannot vary from the first Venire Retorned but must have the same Men Keb. 867. mesme Case And no Action lies against the Sheriff upon their Delivery of the Writ of Exemption Hardress Rep. 389. mesme Case But in the Town of Darby and Foxleys Case Action on the Case against the Sheriff for

Savill's Savil p. 43. Rep. p. 43. he is called a Royal Officer For saith the Book Charters of Liberties granted to the Barons of Cinque Ports and other Inhabitants shall discharge them for Inferiour Offices as Constable c. but not of Offices Royal as Sheriff 1 Roll. Rep. 274. Phelp's Case The Sheriff takes place of every Noble-man Takes place of Noblemen in the County during the time that he is Sheriff And tho' the Sheriff be not a Justice of Peace yet he is a Conservator of the Peace and by this he may well imprison a man upon good Cause 2 Roll. Rep. 237. Fitzherbert N. B. 81. b. at Common Law the Sheriff may Commit any one for the Breach of the Peace Such Persons as he shall apprehend upon suspicion of Treason or Felony upon fresh Suit or Hue and Cry he may commit to the Gaol He may commit all Affrayers or Breakers of the Peace in his presence Upon any Foreign Invasion he may raise the County so upon Rebellions and Insurrections and may command any Number he thinks fit to aid him But of his own Authority he shall not Arrest any man upon suspicion of Felony except there be a Felony committed in Fact and he himself have suspicion of him By Stat. 17 R. 2. c. 8. the Sheriff may raise the Posse Comitatus to suppress Rioters and commit them to Prison 13 H. 4. c. 7. and if the Rioters resist the Sheriff and his Assistants may justifie the killing them Vide the Stat. 13 H. 4. c. 7. and the Stat. of Northampt. 2 Ed. 3. c. 3. for this purpose 13 Ed. 1. c. 39. Wheresoever the Sheriff or any other of the Kings Officers may take Posse Comitatus or have Authority either to execute the Kings Process or apprehend Felons Rioters c. if they shall find Resistance they may arrest and imprison all such Offenders He hath Custodiam Comitatus and therefore What the Sheriff may do as Conservator Pacis Tho' not to act as Justice of the Peace for that year for Cause he may commit He is Conservator Pacis Stat. 1 Mar. c. 8. doth not take away Power from the Sheriff only if he was in Commission of Peace before he was to forbear the execution of his Commission for the Peace so long as he is Sheriff but he is not to forbear the execution of that which is committed to him for the County The Sheriff if he see a person carry Weapons in the Highway in terrorem populi he may commit him tho' he do not break the Peace in his presence The Lord Coke cited the Mayor of Barstaple's Case in Chune and Piott's Case 2 Bulstr The Sheriff favoured in the Execution of his Office Now the Case of Chune and Piott was this One Clare was committed to the Compter of Woodstreet and made his Escape the Defendant being one of the Sheriffs pursued him and in his pursuit met with the Plaintiff in the Night time vagrantem who pursued him indecently and gave him uncivil words detrusit ad murum Justificat ' en faux Imprisonment whereupon he Imprisoned him and Justifies in faux Imprisonment He doth not say he did it violenter or contra pacem or sciens knowing him to be Sheriff But per Cur ' it shall be intended he did it malitiosè and the Law implies it was done vi armis It 's a good Justification Had the Defendant done it by chance and unwillingly he might have pleaded it and his not pleading it shews it to be otherwise 2 Bulstr 329. But the Mayor of Barstaple Justified the committing a man for that he did misbehave himself against him by ill Words c. Had this been laid to be done in the execution of his Office it had been good but he was then playing at Tables Anciently the Bishop with the Sheriff went Bishops and Sheriffs went Circuits The Office of Sheriff entire and not to be apportion'd in Circuit twice every year through every Hundred within the County 2 Inst 70. The King cannot restrain any part of the Sheriff's Power neither can the King choose a Sheriff contrary to the Statute of Lincoln The Office of Sheriff is entire and cannot be apportioned Tho' the King constitute a Sheriff durante beneplacito and may determine it at Will yet he may not determine it in part nor abridge him of any thing incident to his Office Hob. p. 13. 2 Inst. 501. 4 Rep. 32. Milton's Case The Sheriff is an Officer of that Eminence Sheriffs favoured in Law Confidence and Charge that he ought to have all Right pertaining to his Office and ought to be favoured in Law before any Private person I shall give you some Instances 4 Rep. 33. b. Mitton's Case Inasmuch as Escapes are so Penal to Officers Escape not to be judged strictly the Judges have always made as benign Construction as the Law will permit in favour of them and to the intent that every one may ●ear his own burden they will never judge an Escape by strict Construction As if one in Execution escape and fly into another County and the Sheriff retake him on Fresh pursuit it s no Escape if ●t be before Action brought So if the Sheriff by Habeas Corpus be commanded to bring the Body at the day he shall not be compelled to take the most direct way but the safest Vide infra The Sheriff is not punished for executing the The Sheriff not punishable for executing erroneous Process Killing of the Sheriff in doing his Duty is Murder Process of the Court tho' it were erroneous Vid. postea If any Sheriff Under-Sheriff Serjeant or Officer who hath execution of Process be slain in doing his Duty its Murder in him who kills him altho' there were not any former Malice between them and if there were Error in awarding of Process or in the mistake of one Process for another as a Capias in Debt against a Peer and an Officer be slain in the execution thereof the Offender shall not have advantage Cro. Jac. 279. Mackally's Case of such Error no more than a Sheriff who suffers a Prisoner to escape shall take any advantage of Error thereby And in this case there needs not a Special Indictment to be drawn but a General Indictment that such a party ex malitiâ suâ praecogitata percussit c. for the Law presumes Malice tho' none be proved so it is if any shall come in aid of them and an Officer 9 Rep. Mackally's Case if he be resisted is not bound to fly to the Wall as other Subjects are Several Persons were informed against for Severe Fines for assaulting the Sheriff assaulting the Sheriff in serving Execution and fined Sir J. Wingfield the Prisoner at 500 l. and Brady 500 Marks because it appeared upon the Evidence he drew his Sword and wounded the Cro. Car. 251. B. R. Le Roy versus Sir J. Wingfield and

on Latitat and in B. C. on Original Bail in the Kings-Bench is because the Cause of Action does not appear upon the Latitat by which the party is Arrested but it is made appear by the Declaration but in the Common Pleas where they proceed upon Original the cause of Action does appear Now one that is in Execution in Custody of One in Execution in Custody of the Marshal not compellalable to find Bail if another Action be brought against him Aliter in the Fleet. Who shall take Bail In London the Marshal of the Kings-Bench is not compellable to find Bail if another Action be brought against him but if he be in the Fleet on Execution and an Action be brought against him in the Kings-Bench he must either be Removed and Committed to the Custody of the Marshal or else he must put in Bail to the Action It is the Common Course of London upon Plaint before the Sheriffs and a Precept to the Serjeant to Arrest one the Sureties shall be found and offered to the Sheriffs not the Serjeants So in Inferiour Mayor's Courts Widow and Clark's Case Therefore in False Imprisonment the Defendant pleads the Custom of London That on Entry of a Plaint in London a Serjeant may by Parol or otherwise Arrest the Defendant to answer the Plaintiff and shews That J. S. entred a Plaint in the Compter against the Plaintiff and that he was a Serjeant and Arrested him and carryed him to the Compter till he found sufficient Bail The Defendant confesseth the Custom the Entry of the Pleint and Arrest and that he offered Security to the Sheriff and of this he gave Notice to the Defendant and yet he carried him to the Compter The Defendant demurrs Per Cur ' The Serjeant upon tender of Bail to the Sheriff is not bound to set the party at Large unless the Sheriff send a Warrant testifying this to him Joue's Rep. 226. Percivall and Salmon If a Capias for the Good Behaviour be directed Capias for the Good Behaviour to the Sheriff by the Justices of Assize and upon this the Sheriff makes a Warrant to J. S. to take him who took him accordingly and the party tenders J. S. sufficent Bail for his Appearance and J. S. refuseth it and keeps him in Custody This makes him not a Trespasser ab initio for 't is not his Office to take Bail but the Sheriffs 2 Roll. Abridg. 562. Adam's Case Neither the Sheriff nor any Justice of the Bail for one taken by Cap ' Excom ' Peace cannot Bail one taken by a Writ of Cap ' Excommunicat ' But he is Bailable by the Kings-Bench 1 Bulstr 122. Hall and King Capias must be taken out and sealed and delivered to the Sheriff against the Bail before he can be taken by a Testatum in another Testatum County and because in Robinson's Case it was never deliverd to the Sheriff but all Retorned in one Term the Execution was set aside 2 Keb. 424. Robinson's Case The Scire facias against the Bail usually is left Scire fac ' against the Bail Retorn four days with the Sheriff before the Retorn of it but if it be not it is well enough 2 Keb. 229. Barle and Potter Judgment in a Scire facias against Manucaptors Retorn of Scire fac ' against the Manucaptors the Bail is liable by the Judgment and if they be Freeholders in the same County where the Recognizance is made then they must have notice and time because the Scire facias may be Retorned But if they be Strangers the Sheriff is not bound to warn them or give notice Notice but Retorn Nihil on both together for this is but of favour to the Bail who at their peril ought to bring in the Principal In Action brought against the Baron and Where the Husband must put in Special Bail for his Wife or not Feme and the Husband is only Arrested yet the Husband must put in Bail for his Wife if the Name of the Wife be in the Writ else he is not bound to put in Bail for her for it is the Writ that warrants the Bail Pract. Reg. 43. Yet in 1 Keb. 241. the Husband is not bound to put in Special Bail for his Wife if she be not Arrested but he must appear for himself and his Wife and must find Special Bail for himself 1 Keb. 241. Nevill and Cage Note Where Bail is put in De bene esse as in a Judges Chamber the Plaintiff cannot Sue the Sheriffs Bond till it be refused or set aside but he ought to except against it in the Judges Chamber 2 Keb. 478. But I think he may except against it after within a certain time According to an Old Rule it was within 20 days Of Bail Bonds The Explication of the Statute of 23 H. 6. This Statute is frequently pleaded in our Books and many Cases about the Nature of this Statute and the Retorns and Pleadings thereupon we meet with which if methodically digested would be the better and more clearly explained Let us see how the Law was at Common Law and before the making of this Statute At Common Law if the Sheriff had taken any man by the Kings Writ he must not be Breve de homine Repleg ' delivered but by Breve de homine replegiando and he was not compellable to take Bail of any 2 Sand. 60. But this Statute compels him to take Bail and the design of the Statute is to provide against the Extortion of Sheriffs who would not deliver them without great sums Cro. El. 808. Sir George Clifton Now the Statute prescribes the Form and that Design of this Stat ' the Sheriff under colour of his Office should not oppress the party to make him any other Obligation for the Statute makes the Obligation void for not pursuing the Form but not in the Matter thereof This Statute was made for the Prisoners benefit for the mischief before was That the Sheriff not being compellable to bail him would extort Money to bail him Mod. Rep. 228. Now this Statute hath Three Branches as it is in Dive and Manningham's Case Plowden 1. Commandment and Authority to the Sheriff to let to Bail ' such persons as are Mainpernable So it extends to Coroners Stewards of Franchises Bayliffs Keepers of Prisons c. 2. A Restraining branch That they shall not let to Bail such persons as be in their Ward by Condemnation Execution Capias Utlagat ' or Excommunication Surety of the Peace and such as shall be Committed by special Commandment of the Justices nor Vagabonds 3. The third is to make Obligations void taken in any other form than the Statute limits That no Sheriff nor any of his Officers and Ministers aforesaid shall take or cause to be taken or make any Obligation for any Cause aforesaid or by colour of their Office but only to themselves of any person nor by any person which shall be in