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city_n borough_n county_n town_n 5,505 4 8.5134 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A85670 Bouleutērion, or A practical demonstration of county judicatures. Wherein is amply explained the judiciall and ministeriall authority of sheriffs. Together with the original, jurisdiction, and method of keeping all countrey courts. / By Will: Greenwood, philomath. Greenwood, Will. William. 1659 (1659) Wing G1870; Thomason E1789_1; ESTC R209680 323,562 484

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A. of T. in his life time and to the said E. A. of H. in his life time after the death of the said E. A. of T. or to the said E. after the death of the said E. A. of H. while she was sole to whom the Administration of all the Goods and Chattels which were of the said E. A. of H. at the time of his death during the minority of the said E. A. the younger Executor of the Testament of the said E. A. of H. which said E. A. the younger is yet within the age namely of 14 years and no more by the Keepers of the Liberty of England c. the tenth day of May 1651. at Y. aforesaid after the death of the said E. A. of H. was commited or to the sayd VV. T. and E. after the marriage betwixt them celebrated have not rendred but the same to them to render have denyed And the said M. C. the same to the said VV. T. and E. yet to render doth deny and unjustly detayne Whereupon they say that they are made worse and have damage to the value of thirty pounds and hereof they bring their suit c. And they bring here into the Court aswell the Writing aforesaid which testifieth the debt in manner aforesaid the date whereof is the aforesaid 14th day of Ianuary 1649. aforesaid as the Letters testamentary of the said E. A. of T. by which it doth sufficeently appeare to the Court here the said E. A. of H. to have beene Executor of the Testament of the said E. A. of T. And thereof to have had Administration c. As also the Letters testamentary of the said E. A. of H. By which it doth sufficiently appeare to the Court here the said E. A. the younger to be Executor of the Testament of the sayd E. A. of H. And also the Letters of Administration of the sayd Keepers which testifieth the committing of the Administration aforesaid to the said E. in form aforesaid c. For not delivering of a Pawn upon tender of the money borrowed A. S. by Writ c. complains against E. P. of a Plea whereas the said A. the first day of May c. at c. borrowed of the said E. P. 12 l. of c. and then and there did pawn and in the name of a pledge gave and delivered to the said E. P. divers goods and chattels of the said A. S. to the value of 172 l. of lawfull c. for security to the aforesaid E. P. for the repayment of the aforesaid 12 l. together with interest for deferring and giving day of payment of the said 12 l. according to the rate of 6 l. in the hundred by sum until the aforesaid A. S. the aforesaid 12 l. to the aforesaid E. P. should repay And the aforesaid E. P. then and there that is to say the first day of May the year c. aforesaid at c. in consideration of the premisses upon him did assume and to the said A. S. then and there faithfully promised that he the aforesaid E. P. the goods and chattels aforesaid to him by the aforesaid A. S. formerly pawned and delivered to the said E. P. upon the payment of the aforesaid 12 l. together with interest for the said 12 l. according to the rate aforesaid to him to be made he would well and faithfully redeliver and restore although the said A. S. afterward that is to say the 16. day of S. the year c. and often after at c. the aforesaid 12 l. together with the interest for the said 12 l. according to the rate of 6 l. in the hundred by the whole to the aforesaid E. P. fully to pay and satisfie offered Notwithstanding the aforesaid E. P. his promise and assumption aforesaid little regarding but shifting and fraudulently intending the said A. S. in that part craftily and subtilly to deceive and defraud the aforesaid the aforesaid 12 l. together with the interest for the same 12 l. according to the rate aforesaid of the aforesaid A. S. to receive and the goods and chattels aforesaid to the A. S. to redeliver altogether hath refused and as yet doth refuse to the great damage of the said A. S. c. Against a Carrier for losse of goods delivered to him G. B. Esquire by vertue c. complains of P. M. upon an action of trespass upon the Case for that whereas the aforesaid P. M. such a day and year at c. and long before and always after hitherto was and yet is a Common Carrier from the City of Y. in the County of the same City unto the Town of S. in the said County and from the said Town of S. unto the said City of Y. And the same P. M. the same day and year and long before and continually after hitherto was used and accustomed by himself and his servants upon the horses of him the said P. M. to carry goods and chattels for any manner of persons for a reasonable and a lawfull stipend and sallary in that behalfe therefore to be paid to be carried to and from between the aforesaid Town of S. and City of Y. according to an usual agreement and payment in that behalf to be made and had and whereas also accordding to the Law and Custom of this Commonwealth of England all such like common Carriers who do receive goods and chattels of any manner of persons so to be carried for a reasonable or lawfull stipend or sallary therefore to be given or paid are bound to keep and carry the same goods and chattels of such like persons so received without spoiling with-holding or losing of them so that for or by the default of such Common Carrier no damage should in any manner happen to such persons by carrying of their Carriages And whereas the aforesaid P. M. the aforesaid such a day and year at S aforesaid in the County aforesaid had taken upon him to carry one Trunk fast locked with divers moneys goods and chattels of him the said G. B. to the value of 10 l. in the same Trunk then being sasely and carefully from the aforesaid City of Y. to and unto the said Town of S. and for a certain and usuall stipend sallary and rate for carrying of the said Trunk moneys goods and chattels aforesaid by the aforesaid G. afterwards to wit such a day and year aforesaid at the City of Y. aforesaid received of him the said G. B. the Trunk aforesaid with the moneyes goods and chattels aforesaid in the same chest then as aforesaid being locked in form aforesaid to be carried the aforesaid P. M. the Trunk aforesaid with the moneys goods and chattels aforesaid of him the said G B. afterwards to wit such a day year and place did so negligently and improvidently keep and carry that divers moneyes goods and chattels of him the said G. B. in the said Trunk as aforesaid before that being locked that is to say 5 l. in
and in such Writs by the said Statute this clause shall be hereafter put Et electionem tuam in pleno Comitatu tuo factam distincte aperte sub sigillo tuo sigillis eorum qui electioni illi interfuerunt nos in Cancellaria nostra ad diem locum brevi contentum certifices indilate Such persons as are eligible shall be resiant in the County for which they are chosen the day of the date of the Writ of summons and likewise those that chose them Also Citizens and Burgesses shall be resiant in and free of the Cities and Boroughs for which they are chosen One under the age of one and twenty years is not elegible neither can any alien be elected of the Parliament untill he be naturallized by Parliament after which he is eligible to this or any other place of judicature None of the Judges of the Upper Bench or Common Pleas or Barons of the Exchequer that have judicial places can be chosen Knight Citizen or Burgesse of Parliament because they are assistants in the House of Lords As for the present times I make a quaere of this A man attaint of Treason felony c. is elegible for touching the election of two Knights the words of the Writ are Duos milites gladiis cinctos magis idoneos discretos elegi fac And for election of Citizens and Burgesses the words of the Writ are Duos c. discretioribus magis safficientibus which they cannot be said to be when they are attainted of Treason or felony c. Any of the profession of the Common Law and who are in practice of the same are elegible By the Humble Petition and advice those are disabled to be elected who have advised assisted or abetted the Rebellion of Ireland ad those who do or shall prosesse the Popish Religion and likewise all those who have aided abetted advised or assisted in any war against the Parliament since the first day of Ianuary 1641. unlesse he or they have since born arms for the Parliament or his Highnesse or otherwise given signal testimony of their good affection to the Common-wealth and so continued and such as have been actually ingaged in any plot conspiracy or designe against the person of his Highness or in any insurrection or rebellion in England or Wales since the 16. day of December 1653. are disabled and made uncapable to be elected The punishment of Sheriffs for their negligence in returning of Writs or for leaving out of their returns any City or Borough which ought to send Citizens and Burgesses vide 5 R 2 Stat 2. cap. 4. Also if one be duly elected Knight or Burgesse and the Sheriff return another the return must be reformed and amended by the Sheriff and he that is duly elected must be inserted for the election in these cases is the radix or foundation and not the return Rot Parl 5 H 4. num 38. Co Iust 4. fol 49. By the Stat of 16 Car. Every County City Cinque port and Borough that shall not make election of their Knights and Citizens Barons and Burgesses respectively shall incur the penalties following that is to say every County the summ of one thousand pounds and every City which is no County 200 l. and every Cinque port and Borough the sum of 100 l. Except the Free-holders of any County and Inhabitants or other persons having or claiming power to make election of any Knights Citizens Barons or Burgesses shall proceed to making of elections of them which elections shall afterwards fall out to be adjudged or declared void in Law by the Parliament by reason of equality of voices or misdemeanor of any person whatsoever then the said County City c. shall not incur the penalties aforesaid so as an election de facto be made But who shall be Electors and who shall be elected and the time place and manner of elections and therein the duty of the Sheriff you may read more ample in the positive lawes of 7 H. 4. cap. 15. 11 H. 4. cap. 1. 1 H. 5. cap. 1. 8 H. 6. cap. 7. 10 H. 6. cap. 2. 23 H. 6. cap. 15. 6. H. 6. c. 4. c. which need not here be particularly rehearsed Of the Office of Vnder-Sheriff THe Under-Sheriffe in effect is but the Sheriffs Deputy and acts whatsoever is to be acted by the High-Sheriff except some particulars which are to be done by the Sheriffe himselfe as you shall finde in severall places of this Tract and therefore according to the nature of a Deputation must be removeable as an Attorney is and though the Sheriff should make him irrevocable yet may he revoke him for there is neither Common Law nor Statute Law that makes him immoveable He is but in the nature of a general Balliffe errant to the Sheriff and the whole County as other Bailiffs are over a particular Hundred The Sheriffe constituting an Under-Sheriffe doth implicitly give him power to execute all the ordinary Offices of the Sheriff himselfe that may be transferred by the Law As serving of Processe and Executions c. But he cannot deal in a Writ of Redisseisin because in that the Sheriffe is Judge nor in the case of a Writ of Wast where the Sheriffe himselfe in propria persona is commanded to go to the place wasted c. The Sheriffe ought to be very cautious in taking good and sufficient security of the Under-Sheriffe to discharge protect and save him harmlesse of Escapes upon arrests made by himselfe for since that he transfers his authority unto him it is reason that he take security of him to perform all things justly and honestly to himselfe and others not acting or intending any thing against law See more in the Articles betwixt the High-Sheriffe and Under-Sheriff amongst the Presidents The Sheriffs Fees Upon an arrest TO the Sheriff 00 01 08 To the Bailff who makes the Arrest or Attachment 00 00 04 To the Goaler if the person be committed to prison 00 00 04 For the Obligation for appearance if the prisoner be bailed 00 00 04 For making the Warrant upon the Writ for every name 00 00 04 For the Copy of a Pannel 00 00 04 For returning of a Pannel though it seems to be extortion by Lamb. fol. 4. 15. and Cromp. fol. 205. b. they use to take 00 02 00 For the return of every Cepi corpus 00 00 04 For the return of a Nihil or Non est inventus 00 00 04 For making Proclamation at the Church door upon an Extent c. 00 01 00 For the Return of a Proclamation 00 01 00 For the return of every Venire facias Tales Habeas corpora and Distringas 00 02 04 For every name returned outlawed 00 00 04 For making a Precept upon a Writ to a speciall Bailiff for every name 00 02 00 For the arrest of every Desendant from the Plaintiff 00 01 00 For the