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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

Lately Printed for J. Walthoe THe Pleadings and Arguments of Mr. Finch and Sir Robert Sawyer the Kings Solicitor and Attorney General and Sir George Treby the Recorder of London and now Lord Chief Justice of the Common Pleas and the late Chief Justice Pollexfen for the City of London with the Judgment Entred thereupon The whole Proceedings faithfully taken from the Records Wherein is comprized all the Learning of Corporations whether Forfeitable how and for what and whether a Corporation can be surrendred Which Points do not only concern the City of London but all other Corporations in England In Folio price 6 s. Lex Custumaria Or A Treatise of Copy-hold Estates in respect of the Lord and Copyholder Wherein the Nature of Customs in general and of particular Customs Grants and Surrenders and their Constructions and Expositions in reference to the thing granted or surrendred and the Uses of Limitations of Estates are clearly Illustrated Admittances Presentments Fines and Forfeitures are fully handled and many Quaeries and Difficulties by late Resolutions setled Leases Licenses Extinguishments of Copy-hold Estates and what Statutes extend to Copy-hold Estates are explain'd And also of Actions by Lord or Tenant and the manner of declaring and pleading either generally or as to particular Customs with Trials and Evidence of Custom and of Special Verdict Together with a Collection of many Cases wherein a Copy-holder may receive relief in the Court of Chancery To which are annexed Presidents of Conveyances c. In Octavo price 5 s. 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 Amerciament 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 Deus nobis haec otia fecit London Printed by the Assigns of R. and E Atkyns Esquires for Iohn Walthoe and are to be sold at his Shop in Vine-Court Middle-Temple MDCXCVI The PREFACE WHEN Sir Edward Coke in his first Institutes fo 168. tells us That the Sheriff hath Triplicem Custodiam 1 Vitae Justitiae 2 Vitae Legis 3 Vitae Reipublicae he thereby gives us a short but pithy Description of this Important Office And if Execution be the Life of the Law as without doubt it is it seems to be seated in the Sheriff as in the Heart which is primum vivens and ultimum moriens Original Process moves and is directed to him Subsequent Proceedings are Circulated in him and at last are Finished and compleated by him This gives us to Understand not only the Importance but the Extensiveness of the Sheriffs Office Especially when we Consider how many Thousands of Families have Suffered irreparable Ruin by the Ignorance or Carelessness not to say worse of Sheriffs and their Officers Nay they themselves failing in the due discharg of their Duty have oftentimes rendred themselves Obnoxious to chargable Payments and difficult Defences Certainly then to understand well the Law about Sheriffs and their fit Management and Demeanor in all the Branches and Circumstances relating to their Office is a thing of as great Consideration as any that can be propounded to us as Members of a Body Politick We have indeed many that have Treated of some Parts thereof inter alia as Crompton Kitchin Greenwood c. But I know but two that have designedly Undertaken this Title Mr. Dalton a Person of Great Learning and Industry has discovered much Reading in our Old Books and is also of very great use to direct us in CASES that may seldom and rarely happen and yet there is much of him now Antiquated and diverted into other Channels The Receiving Fee-farm Rents Waifs Estrays Deodands Wards bona Felonum c. seldom or never troubling the Sheriff having been Extinct or Aliened by Act of Parliament or granted to Lords of Mannors or other Persons Besides some things are there delivered for Law and so might pass in his time which have received quite contrary Resolutions and Thousands of Cases have hapned since which are not to be found in him nor in the least mentioned by him Neither has he been so happy as we could wish to Treat Methodically of Rescousers Escapes c. which make a great Figure in our Books and he has totally omitted unless it be sparsim the proper Remedies against the Nonseasance or Male-feasance of the Sheriffs and their Officers I have in many Titles directed you to refer almost wholly to him as not being willing to Transcribe them but they are such as are Common and known of course or else seldom or never practicable Mr. Wilkinson is for so much as he hath Undertaken Neatly and Judiciously done But as to the Office of SHERIFFS tho' the Book bears that Title yet it is the least part thereof not exceeding above Four printed Sheets so that we cannot think that sufficient Direction to us Nor have either of them given any Directions as to the Laying of Actions Declarations Pleadings and Trials or Evidence and therefore I have been the more careful to place them under their proper Titles Upon these Reflections it seems not Unreasonable to imagine That a Treatise of this Nature may find some Acceptance and meet with a favourable Reception as well from Gentlemen who are or may be capable for this weighty Office and thereby be better enabled to Serve their King and Country and also Themselves as from the Students and Practisers of our Common Law THE CONTENTS CHAP. I. OF Counties When the Realm was divided into Counties Vicecomit notatio nominis Sheriffs how made in former times how at this day the Sheriffs ●onour Power and Priviledge His Office not apportionable What he may do as Conservator pacis How favoured in the Execution of his Office Of his Assistance In what Things and Cases he is restrained Not to Let County or Hundred to Farm c. CHAP. II. What the Sheriff must do at the entrance into his Office The Form of the Writ of Discharge of the Old Sheriff The Form of bis Oath How and before whom he is to be Sworn and the Retorn The Cities and Towns in England which have Sheriffs and

it must Averment be averred that the Inferior was Insufficient As in Debt against the Dean and Chapter of Pauls for the Escape of the Bayliff of a Liberty lies not because it is not averred that the Bayliff was insufficient 2 Roll. 155 Dyer 278. Debt was brought on Escape of Holt Committed How to De●l●●e to the Fleet on Judgment Declaration is That the Defendant Sir Jeremy Whitchc●●t was seised and granted the Office of Ward●n of the Fleet for three Lives to Duckenfield who was seised and by Habeas Corpus Holt was removed and by Chancery Committed to the Fleet in Execution and Duckenfield suffered the Escape the Defendant being Superior and Duckenfield insufficient The Court inclined That the Superior in this case was chargable But the Declaration being That at the time of the Lease and Commitment of the Prisoner and at the time of the Action the Lessee Duckenfield was insufficient and the Verdict is only That he was at the time of the Lease and of the Escape and Commitment but not that he Verdict not pursuant was Insufficient at the time of the Action which is the Gist of the Action and if he was Insufficient at the time of the Action no Action lieth And this is necessary to be found on VVestm 2. c. 11. and this being not found nor nec unquam postea 25 Car. 2. Plummer Whitchcot vid. Sir Tho. Jones Rep. p. 60. Mesme Case Dyer 278. Gawd●es Case the Escape the conclusion being so super totam materiam and the tota materia is not found c. a Venire fac ' de novo was awarded The Duke of Norfolk was adjudged to answer for his Deputy Dyer 278. The Duke of Norfolks Case was this He being Marshal of England and having Authority to make a Deputy made Gawdy his Deputy who was sworn in open Court afterwards Gawdy Licensed a Prisoner who was in Execution to go into Norfolk with a Keeper and Debt was brought against Gawdy for the Escape It was adjudged tho' he was but under Marshal and the Action brought in Middlesex supposing the Escape in Shorditch and not in the County of Surry where the Marshalsea is that the Action did well lie Debt was brought against the Dean and Chapter Noy 67. Dean and Chapter of Pauls Case of Pauls for an Escape suffered by their Bailiff of a Franchise where they had Retorn of Writs Per Cur. It lies not against them but against the Bayliff for the Writ is directed to him scilicet Ballivo Libertatis and for an ill Retorn the Bayliff always is fined The County answers for the Coroners The Gaoler of the County shall not answer Where the Rule Resp Superior hold or not Escape on Execution but the Sheriff and some hold that Respondeat Superior is only where the inferior Officer is removeable as Gaoler to the Sheriff By Wild and others on VV. 2. chap. 11. It was never intended that Superior should answer in any other Case than Account This as some say is grounded on 13 Ed. 1. c. 11. on 1 R. 2. c. 12. and Respondeat Superior was only in the Kings Case at Common Law Marshal of the B. R. is but a Branch of the Earl Marshal If Execution be directed to a Sheriff to make 2 Brownl Rep. 50. Execution within a City and the Sheriff directs his Warrant to the Bayliff who does it and after is a fugitive and not able to answer for it the Lord of the Franchise shall answer for it Where Lord of a Franchise to answer and shall be liable to answer for his Bayliff He which has the keeping of the Gaol by right or wrong shall be charged for the Escape of Prisoners And if he which has the Custody of the Gaol in Fee substitutes another under him at Will or for Life he which hath the actual 9 Rep. 98. Possession of the Office shall be charged by Action for the Escape But if they be not sufficient Respondeat Superior Having treated of Sheriffs and Under-Sheriffs I shall add some few Resolutions where Tryals shall be by the Sheriff or by the Record Of Tryals Tryal may be by the Certificate of the Sheriff By Sheriffs Certificate Trial● per pais 9. upon a Writ directed to him in the Case of Priviledg whether one be a Citizen or Foreigner Tryals per Pais 9. Whether one was Sheriff such a day or not Cro. Car. 421. shall be tryed per Pais If it be a Question whether the Sheriff made By the Sheriff such a Retorn or not it shall be tried by the Sheriff If whether the Under-sheriff made such a Retorn or not it shall be tried by the Under-sheriff Cro. Car. 421. By the Record If the Question be whether such an one be Sheriff or not he being made by Letters Patents of Record shall be tried by the Record As was Smiths Case Error assigned because the Venire fac ' was retorned by Sir R. S. Sheriff of Essex and in Crastino Martini 9 Car. and then the said Sir R. S. was not Sheriff but H. S. the Defendant in the Writ of Error saith that Sir R. S. was Sheriff of Essex before the Retorn of the said Writ viz. 10 No. 9 Car. by the Kings Patent prout patet de Recordo Upon Nul tiel Record pleaded at the day he produced the Letters Patents in Court whereby he was made Cro. Car. 421. Smith Case Sheriff It was moved that it ought to be tried per Pais whether he were Sheriff such a day and not by the Record of the Patent for he might be discharged before the day But per Cur. that shall not be intended unless it were by pleading shewn to the Court and so Judgment was affirmed If it come in Issue whether he that made the 8 H. 410 20. Br. Officer 33. Array be Under-sheriff or not this shall be tried by the County and not by the Officer CHAP. IV. Of Bayliffs of Hundreds their Nature Office and Oath Of Special Bayliffs and of Promises on making Special Bayliffs to save harmless from Escapes Of Bayliffs of Franchises their Nature Power Office and of Retorns by them The manner of Pleading by Bayliffs of Franchises In what Cases the Sheriff may Enter into their Liberties Of Baliffs of Fees or Guildable HAving treated of Under-sheriffs I come now to speak of Bayliffs to the Sheriff viz. Bayliffs Errant or Ballivi Intinerantes or Bayliffs of Hundreds and Special Bayliffs The making of the Bayliffs of Hundreds belongs to the Sheriff By the Statute of 14 Edw. 3. Hundreds as to the Bayliffwicks of the same are rejoyned to the Counties and all Grants made of the Bayliffwicks of Hundreds since that Statute are void and the making the Bayliffs thereof belongs to 4 Instit 267. Fortescues Casae Hundreds cannot be granted from the Sheriff the Sheriff as in Fortescues Case of Buckingham Shire 2 Car. 1. Fortescue had of late

the Hustings of the Sheriffs Courts of the City of London the Writ of Error to Reverse this Judgment must be brought in the Court of the Hustings before the Lord Mayor for that is the Superiour Court Pract. Reg. 124. 4 Inst 247. Direction of Writs Quodlibet breve quod tangit liberum tenementum dirigitur Majori Vicecomitibus alia brevia tantum Vicecomitibus The Two Sheriffs of London do each of them Sheriffs Courts when kept keep a Court of Record where they hold Plea of all Personal Actions and the two Prisons called the Compters belong to them And they have two Court-Days in every Week apiece For the Woodstreet-Compter on Wednesdays and Fridays for the Poultry-Compter on Thursdays and Saturdays In a Plaint of Debt levied before any of the Sheriffs the Custom is That the said Sheriffs Ore tenus send to the Serjeants of the Compter either to Summon or Attach the Defendant without Warrant and upon Nihil Retorned within the City that then the Serjeants and every of them by the Commandment of the Sheriff have used to Attach and Arrest the Defendant to have his Body at the next Court before the Sheriff at the Guild-Hall c. In this manner they certifie their Records But the usual practice is to Enter an Action in the Office for that purpose at one of the Compters which Action must be Entred with Care For it is the Original in that Court by which you must Declare and from whence there must be no Variance And when an Action is Entred then any one Of Entring Actions in Crmpters of the Serjeants may Arrest the Defendant and bring him into Custody until he find Bail to Answer the Condemnation which Bail is to be Bail taken by one of the Clerk-sitters The Defendant may be Arrested by the Custom Arresting by Serjeants of London after Entry of the Plaint in the Porters-Book before the Entry of it in Court before the Sheriff And after Plaint Entred the Serjeant may Arrest without Precept The Serjeant need not shew his Mace because Serjeant shewing his Mace he is sworn and known altho' not to the party and a known Bayliff need not shew his Warrant altho' demanded But in 6 Rep. 52. Countess of Rutland's Case a General Arrest by a Serjeant by shewing the Mace and touching his Body with it and saying ☜ Sir I Arrest you is insufficient for he ought to shew at whose Suit out of what Court for what and of what Retorn c. That the party may know c. In Escape the Defendant pleads the Custom of Escape London That the Mayor and Sheriffs of London have used to enlarge Prisoners that were Arrested in coming and retorning from their Courts having Causes there depending and sets forth a Plaint in London against the Defendant and that hether the Court can discharge one arrested who is coming and teturing to the Court. he was arrested and appeared and pleaded to Issue and as he was coming to Court to defend that Action he was arrested as is supposed in the Declaration And per Cur. the Court cannot discharge one arrested except he be arrested in the Face of the Court 1 Brownl 15. Wilson and The Sheriffs ef London CHAP. XXX The Sheriffs Duty as to the Assizes And as to Sessions of the Peace The Form of the Warrant made by the Sheriff or Undersheriff for Summoning the Assizes vide Dalton 196. A Schedule may be Filed to the backside of the Warrant wherein he shall set down the names of the Grand Jury and Petty Jury of Life and Death to whom he must give warning by his Bayliff The High Sheriffs themselves are to attend the Judges at the Assizes And also Stewards Bayliffs and other Ministers of any Liberties or Franchises c. shall be attendant to the Justices of Assize and Gaol Delivery of the same Counties wherein such Liberties and Franchises shall be And shall be fined by the Judges in case of failure Every Sheriff and all other persons which have the Custody of the Gaols or Prisoners for Felony ought to certifie the names of every of their Prisoners which are in their Custody for Felony to the Justices of the next Gaol Delivery upon pain of 5 l. for every default CHAP. XXXI Of Sheriffs and Officers Fees Remedy and Security for Fees Extortion Punishable What Assumpsit good as to paying Fees or not Of Sheriffs and Officers Fee AT Common Law a Sheriff might not take any Fees but it was Extortion But now he may take the Fees allowed by the Statute Cro. El. p. 654. Stanton and Sullyard The Statute is 29 El. c. 4. No Sheriff Under-sheriff Sta. 29 El. c. 4. of 12 d. in the Pound Bayliff of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an Extent or Execution than after the Rate of 12 d. in the Pound for every 10 l. and 6 d. for every Pound above 100 l. on pain to forfeit treble Damages to the party grieved and besides 40 l. between the Queen and the Prosecutor This Act not to extend to Fees of Executions within Cities or Corporations Yet the Sheriff by the Equity of Stat. 23 H. 6. c. 10. he shall take 4 d. for every Warrant Winch. 21. Upon the words of this Statute it was a Question much Argued in Latch 17. 51. Welden and Vesey Jones 307. Lister and Bromley Cro. El. 335. Gurney's Case Cro. Car. 286. Lister's Case Winch. p. 21 50. Empson's Case where the Statute gives 12 d. in the Pound for the first 100 l. and if exceeds that then but 6 d. Whether this shall be taken but only 6 d. in the Pound for all that exceeds 100 l. or whether he shall have 12 d. for the first 100 l. and Six pence for the rest And it was Adjudged that he shall have 12 d. for every Pound of the first Hundred and 6 d. for every other Pound above the Hundred And so is the constant practice Tho' Hobart in Winch. 50. Empson's Case was strong against it and that the Sheriff shall have but 6 d. in the Pound As to the Proviso That it shall not extend to Executions within Cities or Corporations it was held That it was only to be intended for the executing Judgments given in the Courts of the said Corporation and not to the Sheriffs of Cities or Corporations for executing Judgments out of Superiour Courts Jesson Sheriff of Coventry's Case cited in Lister and Bromley Cro. Car. 287. Vide Latch 17 52. Poph. 173. Welden and Vesey The Case Argued In an Action upon this Statute of 29 Eliz. against the Sheriff for excessive Fees it was moved in Arrest of Judgment because it said ad Parliament ' tent ' per prorogat ' 15 Febr. 29 El. Stat. 29 El. when began and the Rolls appeared by Copy sworn 29 Oct. 28 Eliz the Parliament began and an Adjornment to 17 Nov. 6. and

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

to the VVrit of Assize That the VVrit was retorned coram nob ' apud Westm ' not saying ubicunque sed non allocat The Court being here it s well enough and the Reason is because it was for the Plaintiffs convenience that it was ubicunque 2. It was Summon ' XII without an M. over VVhich per Cur ' is well enough in Numeral Letters 3. It was qd ' sint ibi Aud. which should be ad Audiendum as Reg. 198. b. But per Cur. This may be intended Auditur ' and so is well enough without ad 4 It was Si fec whereas it should be Si fecerit sed no allocat and a Respondeas ouster awarded 3 Keb. 326. Creek and Norfolk Quare Impedit In a Quare Impedit The Defendant must be Summoned by the Sheriff And this Summons may be made in Church or to the Parson the Sheriff Retorns Nihil upon the Summons and upon the Attachment and upon the Distress the Plaintiff shall recover If the Defendant comes not at the Distress retorned against him the Plaintiff shall have a VVrit to the Bishop without making any Title Dyer 241. A VVrit of Enquiry of value in a Quare Impedit was executed the first day of the Retorn but the Jury did not give their Verdict till two days after Retorn of a quid Juris Clamat Vid. Dalton c. 71. The Sheriffs behavior in the Writ and Inquisition and Retorn of Malefactoribus in Parcis Vid. Cro. Car. 439 The King against the Inhabitants of Epworth and 17 other Villages and Statute W. 2. c. 46. Co. Mag. Chart. CHAP. XXVIII Of Retorns of Clericus Beneficiat ' Of other Retorns as to Clarks The Sheriffs Office in a Quare Impedit Sessions of the Peace The Sheriffs Office as to Election and retorning of Knights and Bugesses to the Parliament The Form of Indenture for the Knights of the Parliament and Burgesses The Sheriffs Retorn of the Writ for Electing Parliament Men. Retorns of Clericus Beneficiat ' c. AT the next County Court after delivery of the Kings Writ to the Sheriff for the Electing Parliament Men Proclamation shall be made by the Sheriff in full County of the day and place of Parliament and all they who are present shall attend and in full County proceed to the Election of their Knights for the same County and after they are chosen the Names of the persons chosen shall be written in an Indenture under the Seals of the Electors and tacked to the said Writ of Parliament Stat. 7. H. 4 15. Upon any Retorn contrary to this Statute of 8 H. 6. c. 7. the Sheriff shall forfeit 100 l. to the King and have one years Imprisonment and shall forfeit another 100 l. to the person chosen Knight of the Shire and not duly Retorned The chosers must have 40 s. per Annum Freehold within the said County The choice must be between 8 and a 11 of Clock in the Forenoon Every Sheriff after receipt of the Kings Writ for Electing Knights of Parliament ought forthwith to make out his Warrants under the Seal of his Office to every Mayor and Baliff of Cities and Burroughs within the County reciting in his said Warrants the Writ of Parliament commanding them thereby to chuse Citizens and Burgesses to come to the Parliament scil if it be a City to chuse Citizens for the same City by Citizens and if it be a Burrough to chuse Burgesses by Burgesses or Freemen of the same Burrough And those Mayors and Bayliffs must make a lawful Retorn of that Precept to the Sheriff by Indentures made between them and their Sheriff of their Election and of their Names which are elected 23 H. 6. 15. And the Sheriff must set his Hand and Seal of Office to one part of the Indentures and then deliver it to them to be kept and to the other part the Mayor or Citizens or Burgesses must set their Hands and Seals and deliver it as their Deeds to the Sheriff to be certified and retorned by him with the Writ of Summons to the Clerk of the Crown and all this under pain of 100 l. to the King and Imprisonment for one year and the Party grieved or other person in his default shall recover another 100 l. But they must commence their Action within 3 Months after the commencement of the Parliament and Mayor and Bayliffs shall pay 40 l. Dyer 113. Pl. 118. Note Action on the Case lies against a Sheriff for Retorning other Knights for the County than were elected and it is against the Statute of 7 H. 4. for false Retorn and 23 H. 6. c. gives Debt in the Case and it s not in the Negative and so does not exclude from other Remedy 2 Siderfin 168. Nevile and Strowd Now the Names of the said Knights shall be Retorned into the Chancery by Indenture Sealed between the Sheriff and the Chusers of the Knights in manner following The Form of the Indenture for the Knights of Parliament Haec ' Indentura facta in pleno Comitat ' Warr ' tent ' apud Burgum de Warr ' de c. Anno Wil●ielmi Tertij c. inter A. B. Mil. Vic. Comitat. praed ex una parte J. C. Mil. A. C. Armig. F. P. F. K. c. multas alias personas Comitat. praed electores duorum Militum ad Parliamentum in Brevi huic Indenturae consut specificat ex altera parts qui ut major pars totius Communitatis praed tunc ibid. existens Jurat examinat secundum vim formam effectum diversorum Statutorum inde edit ' provisor Eligerunt E. P. Mil. J. C. Mil. infra Comitat. praed commorantes Gladiis cinct ' milites habiles magis idoneos discret dantes concedentes praedict duobus Milit. plenam sufficien postestatem pro se tot Communitat Comitatis praedict ad faciend consentiend jis que ad Parliaementum in dicto Brevi content de Communi Consilio Regni dicti Domini Regis nunc Angliae contingerit ordinari super ne●otiis in dicto Brevi spec In cujus rei Testimonium uni parti hujus Indenture penes dictum Dominum Regem remanen partes praed sigilla sua apposuerunt alter vero parti ejusdem Indenturae praed Vic. sigillum suum apposuit Dat' die Anno Loco supradict c. The Form of Indenture for the Citizens and Burgesses THis Indenture made c. reciting the day and year and the Kings Stile at Lage prout supra Witnesseth That by Vertue of a Warrant to me directed from Sir O. R. Knight Sheriff of the County of Warwick for the Electing and Chusing of two Burgesses Men of good Understanding Wit Knowledge and Discretion for Causes concerning the publick Wealth of the Realm to be at his Majesties High Court of Parliament to be holden at Westminster the day of next coming I E. L. Mayor of the Borough or Town of Warwick with the whole assent and consent of the rest