misis expensis quae in hac parte rationabiliter sustinuit plenar ' satisfact ' fuerit prout istud breue in se exigit requirit I.S. infranominatus non est inuentus in baltiua mea Vide plus hic cap. 25. CHAP. 66. Retorne de Briefe de Medio PLegij de Prosequendo Ioh. Doo Mesne Rich. Roo Summonitores in franomin ' I. S. H. I. T. S. In a writ of Mesne the Processe which is giuen by statute is Summons Attachment and the Grand Distresse which shall haue day of Returne by such time that two Countie Courts may be holden in which the Sherife shall make Proclamation that the defendant come to acquire the Plaintife or Tenant c. And if the Defendant commeth not and that the writ be returned the Defendant shall bee foreiudged For the forme of the return of Proclamation of Summons see hic cap. 70. Nihil Vpon the Writ of Mesne the Sherife may returne Quod nihil habet medius vnde potest summoniri Or Nihil habet per quod potest attachiari Or Nihil habet per quod potest distringi Retorn ' breuis Eligend ' Militis Burgens Parliamenti Virtute istius breuis mihi directi in pleno Comitatu meo tent ' apud Cantab ' tali dic anno per assensum eiusdem comitatus Elegi feci duos Milites de Com' meo praed viz. E. P. I.C. ad faciend ' prout istud breue in se exigit requirit Feci etiam praeceptum W.D. maiori villae de C. in Com' meo quod de eodem burgo Elegi fecerit duos burgens ad faciend quod istud breue exigit qui quidem Maior sic mihi respondit quod clegi fecerit de praed ' burgo de C. duos burgenses viz. P. F. I. W. ad faciend etiam prout istud breue in se exigit requirit Proclamari etiam feci omnia in isto breui content ' secund formam effectum huius breuis prout istud breue requirit Residuum vero Executionis istius breuis patet in quibusdam Indentur ' huic breui annex ' And then there must be indentures made betweene the Sherife of the one part and some of the freeholders being chusers of the Knights of the other part in which indentures the names of the Knights shall also be set down c. See hic postea cap. 92. For the forme of these Indentures see my booke at large The like Indentures also are to bee made betweene the Sherife of the one part and the Maior or Baylife quaere and some of the free Citizens or Burgesses of the City or Borough being chusers of their Citizens or Burgesses of the other part In which indentures also the names of their Citizens or Burgesses must be set down c. hic cap. 92. The forme of which last Indenture you may also see in my booke at large And all these Indentures must be returned with the said writ Plus hic cap. 92. CHAP. 68. Retorn ' breuis originalis in Partitione PLegij de prosequendo Ioh. Doo Rich. Roo Summonitores infranominati R. B. Eliz. vxoris eius W.A. H. F. A. B. Armig ' vic' The Returne of the writ of Partition Executio istius breuis patet in quadam Inquisitione huic breui annex ' Virtute breuis Domini Regis mihi directi huic schedulae or huic partition ' Indent annex ' ego A.B. armig ' vic' Com' praed ' tali die anno in propria persona mea accessi ad messuag ' or ad Tn'ta in breui praed specificat Et ê‘ Sacramentum I. B. R. B. c. ad numerum xij proborum legalium hominum de Com' praed ac visnet ' in eodem breui specificat ' habito respectu ad verum valorem eiusdem messuagij or eorund Ten'tor ' cum ê‘tin ' eundem messuag ' cum ê‘tin ' in quatuor equales partes partiri feci vnam partem partium illarum viz. c. Tenendum H. S. F. vxori eius in breue praed ' nominat ' in separalitate ê‘ metas bundas in iure eiusdem F. Aliam partem inde viz. c. Tenendum B.R. Eliz. vxori eius in breue praed ' nom ' in separalitate in iure eiusdem E. * Ac duas alias partes inde viz. c. Tenendum praefato I.S. in separalitate in iure suo proprio Et ego praefatus vic' dic anno superdictis eas deliberari assign ' feci prout idem breue in se exigit requirit In cuius rei Testimonium c. And it is fit to name and abutte and shew the contents of the seuerall parcells * If any of the parties be absent the Sherife may make his returne thus Et quoad duas partes residuum TenemeÌ„torum praed ' in breue praed ' specificat ' I. S. in codem breue similiter nominat ' ad particioneÌ„ praed ' deliberand ' assign ' Iustic ' infraspec ' certifico Quod nullus ex parte ipsius I.S. venit ad recipiend ' de me easdem duas partes Ita quod duas partes illas praefato I. S. liberare assignare non potui prout breue praed in se exigit c. In cuius rei Testimon ' c. So that here the Sherife must in person goe to the Tenements c. Hee must make the partition by the oath of x j. men The partition must be made by the Iury who must doe it equally and then the Sherife may assigne the one part to one and another part to another c. at his election and by meetes and bounds and here the eldest sister is not to chuse c. Or vpon the partition to be made between 2 parceners of two Mannors the Sherife may assigne the one Mannor to the one and the other Mannor to the other so that both the Mannors be of equall value And so of 2. Acres of land c. The Sherife must returne the Partition by writing indented vnder his owne seale and the seale of euery Iuror Vpon a partition to be made between tenants in Common where one of theÌ„ hath purchased other lands which lie intermixt and cannot be knowne the party which purchased such lands ought to shew to the Iury the bounds or the certainty or number of Acres of his land so purchased but if neither party will therein giue euidence to the Iury yet the Sherife and the Iury are to make the partition at the r perils and as well as they can See a good forme of the Returne of this writ of Partition Libro Intrat fol. 452 tit Partition div 3. CHAP. 69. Praemunire VPon this writ the Sherife returned that the defendant was garnished generally but sheweth not what day and it was disallowed for such garnishment ought to be two moneths before the returne Vpon this writ the Sherife returned Quod Praemunire fecit c. quod
election of the Knights c. before the next Countie court the Sherife must make out his Warrants to his Baylifes of euerie Hundred commanding them to summon or warne the Freeholders within their seuerall Bayliwickes to be at the next County and there to make choice of their Knights c. Or else the Sherife after the receit of that writ at some Quarter Sessions of the Peace or other generall meeting of the countrie may giue publique notice thereof to the Freeholders Mes si le Vic ' done nul notice ou Summons al Freeholders serra mischieuous Et vncore semble nul remedy done And at the next countie in ful countie Proclamation shall be made by the Sherife of the day and place of the Parliament and that all persons there present shall attend the election After the Knighs be chosen be they present or absent their names shall bee written in a paire of Indentures to bee made betweene the Sherife of the one part and some of the Freeholders beeing chusers of the other part vnto which Indentures the Sherife and the Chusers shall interchangeably set their Scales and that part of the Indentures sealed by the Chusers shall bee tacked to and returned by the Sherife with the said writ These Knights ought to bee chosen of persons resiant within the Shire and must be Knights indeed or else Gentlemen able to be Knights But no Sherife or Mayor ought to be chosen Also persons attainted of treason or felonie ought not to be chosen knights for the Parliament Nor any person that is outlawed Nor any person in prison vpon an Execution Neither ought any such person to be chosen a Burgesse for the Parliament And yet it any such person shall be chosen thereto the Sherife ought to returne their names The chusers of Knights for the Parliament ought to be onely of such persons as bee dwelling within the same Shire and such as haue fortie shillings freehold lands or tenemtnts per annum within the same Shire the day of the date of the same writ Note that by the Common Law all Freemen of England had a voyce in the election of these Knights within the Counties where they dwelt but now they are restrained by Statute to such only as haue freehold lands or Tenements to the value of fortie shillings by the yeare aboue all charges By which words Lands and Tenements you must vnderstand First he which hath no other Freehold but the Aduowson or gift of a Church hee thereby can bee no chuser c. He which hath no other freehold than comon of Pasture can be no chuser c though that be of the value of fortie shillings per annum But a freehold house or land worth thirtie shillings per annum and a common of pasture appendant worth twentie shillings per annum belonging to the same house is holden to bee a sufficient Freehold Otherwise of a house new erected or erected within time of memorie for that common must be by prescription except such house be worth forty shillings per annum besides the Common A. hauing fortie pounds per annum letteth the same to another for life reseruing no rent or but twentie shillings or thirtie shillings rent per annum this seemeth no sufficiencie of freehold to A. during the terme But if A. letteth such his estate to another for yeares though for diuers yeares reseruing only twentie shillings per annum or absque aliquo reddendo yet here he may be a chuser c. for the freehold which is in him So if lands worth fortie shillings per annum be letten for yeares the remainder to A. in Fee simple or Fee taile heere A. may be a chuser c. for the Freehold which is in him If a man hath fortie shillings rent per annum or one annuitie of fortie shillings per annum issuing out of lands during his life this is sufficiencie of freehold to be a chuser c. And this fortie shillings per annum must also be certaine and not by reason of the gaine of an Orchard Garden or other thing which is casuall and not certaine for that is no sufficiencie If a man hath a freehold estate of lands or tenements in the right of his wife of the yearely value of forty shillings it is sufficient If a man hath free warren of conies the which communibus annis is worth fortie shillings per annum this is sufficient If a man maketh fortie shillings per annum of his woodsales Cole-mines Tythes impropriate or the like beeing his Freehold these are sufficiencie of Freehold Clergie men for their Spirituall Liuings are holden to haue no voyces in the election of these Knights Quaere Fellowes of Colledges in the Vniuersities are holden to haue no voyces in this election of Knights for or by reason of their chambers or other auails in their Colledges And Gentlemen of the Inns of Court or Chancerie are to haue no voyces therein by reason of their chambers there Note that the Sherife may examine vpon oath euerie such chuser how much Freehold hee may expend per annum The election of these Knights must be made in the ful county Court between the houres of eight 11. in the forenoone and onely by such Freeholders as be then present in the Countie Court And the Sherife is to returne such Knights as haue the greatest number of voyces of such chusers and freeholders This returne of the Sherife must be made by Indentures sealed by the Sherife of the one part and by the chusers of the other part The form of which Indentures you may see in my Booke at large cap. 92. If the election be made in ful Countie and betweene the houres aforesaid the Sherif may seale his Indentures and make his Returne afterwards and in another place Also this election of Knights as also of Burgesses may be by voyces or holding vp of hands c. or by any other way whereby it may be discerned who hath the greater number Burgesses The Sherife also vpon receit of the said Writ for summons of the Parliament ought presently to make out his Precepts vnder the Seale of his office to euerie Mayor and Bailife c. of Cities and Burroughs within his Countie commanding them to chuse their Citisens and Burgesses for the Parliament Those Maiors and Baylifes c. must make a returne of that Precept and of their Election scz of their names to the Sherif by Indentures the sherife must seale one part of those Indentures and the other part sealed by the Maior c. the Sherife must certifie and returne also with the Writ If any Sherife shall be negligent in making his returne of this Writ or shall leaue out of his said returne any Citie or Burrough which ought to come to the Parliament he shall forfeit an hundred pounds and haue one yeres imprisonment If the Sherife shall doe any thing contrarie to the Statutes either concerning the due election or returning
of these Knights and Burgesses hee shall forfeit to the King an hundred pounds and to the partie not duely returned C. l. and haue one yeres imprisonment These Citisens and Burgesses of cities and Burroughs ought to bee chosen of persons dwelling and free in the same Cities and Burroughs and none other in any wise Tamen aliter in vsu Also the Sherife after he hath receiued a Writ for the leuying of the expences of these Knights at their next Countie Court are to make Proclamation That all Coroners chiefe Constables Baylifes and others which will be present at the next Countie Court after to ass sse the fees or wages of the Knights c. At this assessement the Sherife or Vndersherife ought to bee in person with the Coroners and Constables to assesse the wages And the Sherife in the presence of them that come in the full Countie shall assesse euerie Hundred to a certain summe by it selfe so that the whole summe of all the Hundreds do not exceed the summe due c. Also the Sherâ—fe c. shall then also assesse euery village c. to a certaine summe so that the summe of the townes exceed not the summe assessed vpon the Hundred of which they bee sub poena thirtie pounds Euerie Knight of the shire is to haue thirteene shillings foure pence by the day to be paid by the Countie If any Sherife shall leuie more than shall be due or shall not speedily leuy so much as shal be due or shal not deliuer the same to the Knights according to the said Writ he shal forfeit xxx.l. c. The Sherife may distreyne for the moneys so assessed and he may distrein the whole Heard of Cattell of the Towne or the goods of any particuler man of the town for these Monies Also the sherife my sell the distresses so taken Note that the Sherife shall assesse no Village or place hereunto but such as antiently haue beene chargeable Also the freeholders tenaÌ„ts of such Lords c. as come to the Parliament are not to be assessed for their laÌ„ds holdeÌ„ of such Lords except by prescriptioÌ„ Also Burrough townes which send Burgesses to the Parliament shall not pay or contribute to these wages except it be by Prescription Lords and Tenants in Antient Demesne shall be acquited of payments to these expences for such their land c. Also Copiehold lands are not chargeable to these expences CHAP. 93. The Sherifes duty in executing the writ of Redisseisin Redisseisin VPon this writ the Sherife is first to summon the disseisor and the ter-tenant to bee before him at such time when he makes this his Inquisition But the summoning of the ter-tenant seemeth onely to bee for him to giue in euidence The Sherif in this businesse is made a Iudge and therefore he must in person goe vnto the lands or tenements wherof the plaint is made to see them yea though it be within a Liberty He must sit and make his Enquiry in proper person and vpon the land c. Or at least he must cause the Iury to goe see the lands c. And then to hold plea of the matter He must haue the assistance of 2. Coroners at the least to sit with him at the taking of the Inquisition And these Coroners should ioyne with the Sherife in making vp of the Record But the Sherife is only Iudge herein The Sherife at his Inquisition must also haue with him certaine Knights or other lawfull men being neighbors dwelling neere vnto the lands c. And before them and the Coroners the Sherife must make his Inquisition by a Iury. And the Enquiry must be whether the tenant be Redisseised or no and not whether he were Disseised This Enquiry must bee made by two of the first Iurors at the least by so many other neighbours as shall make vp a full Iury. Although all the first Iurors bee lyuing yet the Sherife must take two at the least other new Iurors to bee of this Enquiry Also the first Iurours which must serue vpon this Enquiry must bee of such as did passe vpon the principall action and not such as passed vpon the Enquiry for damages The Sherife may not suffer the partie to haue his challenge to any of the first Iurors But he may haue his challenge to the other Iurors but not to the Array The Sherife herein hath no power to try any Plea out of the point of Redisseisin Nor to suffer or accept of any forreine plea Neither shall he suffer the disseisour to plead any feoffement or release Nor that he hath paid a fine c. If vpon this Enquiry it bee found that the plaintife is redisseised or disseised againe then the Sherife must presently commit such disseisor to prison there to remaine without baile vntill he shall pay a fine to the King And further vntill he shall be discharged of his imprisonment by the judgement of the Kings court and by a speciall writ reciting that hee hath payd his fine to the King c. The Sherife shall receiue no Attorney for either party without the kings writ whether the Lord hath Cognusance in an assise c. yet the sherife shal enter the Franchise and make execution of this Writ but the Sherife shall there write his precept to the baylife of the Franchise to returne the Iury. Vpon the Redisseisin found by the Inquisition the Sherife also must make a record thereof and make returne thereof And in this Record and Returne the Sherife must shew or returne that he hath made his Inquisition c. in the presence of such Coroners c. by so many of the first Iurors and by others c. He must also return Quod accessit ad locuÌ„ or Tent ' a infrascipt ' not accessit ad villam but he may returne Quod apud S. being the towne where the land lyeth fecit Inquisitionem c. And this Inquisition must be returned vnder the Seales of the Sherife and of the Iurors but the seales of the Coroners seemes not to be needfull CHAP. 94. Where the sherife may breake open an house to execute the Kings Writ c. 1. VVHeresoeuer the King is a party or hath any interest in the businesse as for the apprehending of any person for Treason felonie or suspition of felony the Officer may breake open the doores So where one hath dangerously hurt another and then flyeth into an house but here fresh suite must bee made quaere So where an affray is made in an house and the doores shut So vpon a warrant for the peace or good behauiour So vpon a warrant for Iustices of Peace to reseise a house and restore the pâ—rty put out where a forcible Entrie or deteyner was found by Inquisition before the said Iustices So vpon Proces for the apprehending of any Popish Recusant being excommunicated See plus my Country Iustice cap. 78. So vpon a Capias vtlagatum So vpon a Capias pro fine And