locum infracontent ' prout interius mihi praecipitur Cuius quidem loquela record patet in schedul ' c. Summonitor ' P.T. I.D. Ad Comit ' meum tent ' apud C. tali die anno T. V. Schedula Schedula quaeritur versus H. B. de placito Captionis iniuste detention ' auerior Et sunt pleg ' de prosequendo retorn ' habeÌ„do si return ' inde adiudicetur viz. I. M. W. F. In cuius rei Testimon ' I.K.B. C. D. G. R. S. quatuor legales homines ex illis qui Record ' illo interfueruÌ„t in plena Curia illa eidem recordo sigilla sua alternatim apposuer ' die anno supradictis In a Repleuin a Pone went out and at the next County Court the Plaintife was Nonsuit or hath discontinued his Suite yet the Sherife may execute the Pone scz may record and returne the plea. And yet for that by the Nonsuite there resteth no plea or thing to be remooued the Sherif may returne Quod ad proximum Comitat ' c. the Plaintife was Nonsuit Et sic Nul parol la c. Note that the Pleynt onely shall bee remooued and the Auowry But the Proces the proceedings and continuance thereof shall not be remooued And wheresoeuer a writ commeth to the Sherife to remooue the Plea out of the County Court c. the writ must be openly read in the Court that the other party may haue notice thereof CHAP. 71. Quare impedit IN a Quare Impedit the Sherife must summon the defendant And this summons of the defendant may be made in the Church or to the person The Sherife in this writ may returne Quod querens non inuenit Plegios de Prosequendo Also vpon this writ the Sherife may returne Tarde Also the Sherife may returne Nihil vpon the summons and vpon the attachment Attachment and vpon the Distringas CHAP. 72. Recordare facias Loquelam in Comit ' VIrtute istius breuis mihi directi in pleno com' meo tent ' apud c. tali die Anno Recordari feciloquelam quae est in eodem com' inter partes infrascr ' vnde interius fit mentio Quae quidem loquela patet in quadam sche dula huic breui annex Et recordum illud habeo coram Iustic ' infrascr ' ad diem locum infracontent ' sub sigillo meo sigillis W.H.T.R. c. quatuor proborum legalium militum or hominum eiusdem com' ex illis qui record illo interfuer ' Et partibus infrascr ' diem locum illum praefixi quod tunc sint ibi in loquela illa prout iustum fuerit prosecutur prout interius mihi praecipitur Or thus Virtute huius breuis recordari feci loquelam quae fuit in com' meo seue breui Domini Regis inter I. H. infrascr ' de auerijs ipsius I. capt ' iniuste detent ' partibus infrascr ' c. vt supra Residuum executionis istius breuis patet in quad sched huic breui annex ' R. S. queritur versus I.S. de placito captionis iniuste detentionis aueriorum suorum contra vad pleg ' c. Querela Et sunt pleg'de ê“sequend ' NecnoÌ„ de returno habendo si returna adiudicetur D.E. In cuius rei testim ' c. vt antea in returne de Pone This Recordare is onely to remooue the suit into the Kings Court out of the Court of Antient Demesne Countie Court or Lords Court In the writ de Accedas ad curiam the Sherife must take with him foure sufficient discreet and lawfull men of the same countie But in this Recordare fac ' loquelam the Sherif needs not to take any with him but both these writs must be returned vnder the seales of the Sherife and of foure of the Suitors Also the Sherife is first to require the view or the plea and to record the same in full Court c. Then he is to summon the parties to be before the Iustices at the day of the Returne Or hee may cause this writ to be openly read in the same Court to the end that the parties may haue notice to appeare at the day of thereturne thereof c. And then he is to returne the same Record as aforesaid together with the Writ But nothing shall be remoued but onely the Pleint Note that the Suitors are Iudges in the county Court and therefore the returne must not be Recordari feci loquelam quae est in eodem comit ' coram me nor ad comit ' tentum coram me but it must be coram such and such Sectatoribus curiae c. Also the Schedule must be Ad comit ' meum tent ' tali die Anno coram such and such sectatoribus Curiae and not coram me Now in a Recordare de auerijs the Sherife may returne quod causa non est vera In a Recordare fac ' loquelam the Sherife may returne that the Suitors would not deliuer to him the Record nor suffer him to haue it Or that the Suitors would not record the plea. Or that the Suitors answered him that there was no such plea depending in the Court. Note that if any foure of the Suitors doe deliuer the Record to the Sherife and he returne the same it shall be holden a good Record Also in a Recordare the Sherife may returne Tarde Vpon a Recordare fac ' loquelam although the plaint or suit bee determined yet the Sherife is to make execution and returne of the Writ as aforesayd The Sherifes dutie in executing this writ of Redisseisin Redisseisin see hic cap. 93. CHAP. 73. Retorn ' de Replenin c. VPon a Repleuin directed to the Sherife it seemeth that he needeth not by the Common Law to returne the writ vntil the Pluries Repl ' but may make Repl ' vpon his owne authoritie but if at the Pluries he doth nothing then an attachment shal go out against the sherif directed to the Coroners c. And all these Writs scz the Repleuin Alias and the Pluries may be sued out all at one time and deliuered to the Sherife as the Plaintife shall thinke good Vpon a Repleuin the Sherife may make these returnes following if the case so require Plegij de prosequendo de returno iude habendo si retorna inde adiudicetur I. D. R. R. Virtute c. Replegiari feci or deliberari feci infranom ' R. aneria infraspec ' prout interius mihi praecipitur 1. Quod aueria catalla infranom ' R. quae I.S. cepit iniuste detinuit vt dicitur elongata sunt ad loca mihi incognita per praed ' I.S. Ideo prefato R. aueria catalla sua praed ' Repleg ' non possum prout interius mihi praecipitur 2 That the defendants hath esloigned or conueyed away the cattell out of his bailiwicke or County Ideo c. 3.
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
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
mea quibus aliquo modo scire facere possum this is good Note when the Shsrife vpon the Scire facias warneth one to appeare c. that properly is called Garnishment And if the Sherife shall returne garnishment where no garnishment was made he is punishable CHAP. 76. Retorn ' de secunda Superoneratione 1 VVHere the first Admeasurement was made before the Iustices scz where the Writ was remooued before them out of the County Court there vpon this Writ de Secunda superoneratione directed to the Sherife to enquire of the second surcharge the Sherife first ought to summon the parties to be before him at the time of his Enquiry Then he ought to goe in person to the place c. and to make his inquiry by a Iury in the presence of the parties if they will come and appeare that so they may shew and deliuer their euidence and proofes to the Iury. And if vpon this Enquiry the second surcharge be found the Sherife ought to returne the same Inquisition into the Court of the Common Pleas by Indentures vnder his owne Seale and the seales of the Iurors And here the parties may haue their challenge to the Enquest either to the Polls or to the Array 2. But where the first admeasurement was made before the Sheife in his County Court scz where the Writ was not remoued thereupon this Writ de secunda superoneratione the Sherife needeth not to summon the parties c. And yet here also the Sherife must enquire by a Iury of the second surcharge and in both cases the second surcharge being found vpon this Enquiry the Sherife must further enquire of the cattel so put vpon the Common aboue the due number or of the value of them and must returne the same also in his Inquisition by indenture c. as aforesaid But here the parties shall not haue their Challenge to any of the Iurors Note that vpon this Writ de Secunda superoneratione the Sherife in both cases scz whether the first admeasurement were made before the Iustices or before the Sherife in his County is to goe in person to the ground surcharged And he must cause the Iury to see the same ground and to see the number of the cattel of the defendants which are put thereupon and then the Sherife may make his Enquirie elsewhere And the Cattell put by the Defendant vpon the common aboue the due number shall be forfeit to the King in both cases And the Sherife vpon his account in the Exchequer shall in both cases bee charged either with the Cattell as forfeit to the King or else with the value or price of the same cattell and the Sherife vpon his account also shall bee examined vpon his oath how many Cattell of the Defendant were found vpon the same ground aboue the due number Note also that if the writ were not remooued but remaineth in the Countie court there the Def. cannot auouch to warrantie nor haue the view nor other such aduantages before the Sherife CHAP. 77. Retorne Breuis Originalis in Trespasse Plegij de Prosequendo Ioh. Doo Rich. Roo And if the Defendant be sufficient then thus Nihil Infranom ' I.S. attachiatus est per Plegios P.R. I.W. Or thus Infranom ' I.S. attachiat ' est per vnuÌ„ Bouem pretij 20 s But if the Defendant bee insufficient then thus Infranom ' I.S. nihil habet in balliua mea per quod attachiari vel distringi potest And in Trespasse Nihil habet c. is a good Returne without saying Nec habuit post receptionem Breuis or die quo c. Retorn ' Breuis ad inquirend de dampnis in Trespas Executio istius breuis patet in quadam Inquisitione huic breui annex ' A.B. Armâ—g ' Vic ' Inquisitio c. qui dicunt super Sacramentum suum Quod W. B. A. vxor eius in dicto breue nominat ' sustinuerunt dampna occasione transgress in eodem breui specificat ' vltra misas costagia suas ê‘ ipsos circa sect ' suam in hac parte opposit ' ad xx s Et pro misis costag ' illis ad 6 s 8.d In cuius rei testim ' c. In this writ to enquire of dammages in an action of Trespasse the Iurie may not nor cannot find that no Trespasse is done neither may the Sherife make such a Returne But if the Iurie wil find no dammages there the Sherife may make his returne accordingly scz That the Iurie found or gaue no dammages CHAP. 78. Retorne de Venire fac ' defend ' VIrtute istius breuis c. Venite feci infranom ' I.S. coram c. ad diem infracont ' ê“ut interius mihi praecipitur Infranom ' I.S. attach ' est per Pleg ' c. I. Fen. R. Den. Infranom ' I. S. attachiatus est essend coram Iustic ' infrascript ' tali die Alias c. ad certificand secund ' formam huius breuis per Pleg ' P.R. I.W. Infranom ' I.S. nihil habet in ballina mea per quod potest attachiari vel vbi eum Summonire possum For vpon the Venire facias if the Defendant bee sufficient the Sherife may returne him summoned or attached Retorn ' de Venire facias Iurator ' Executio istius breuis patet in quodam panello huic breui annex ' A.B. ar ' Vic ' Nomina Iurator ' inter I.C. Querent ' D.F. Def. in placito transgres c. or Debiti c. Then write downe the names of twentie foure Iurors thus Et sic ad numemeruÌ„ 24. Panneb R.W. de E. Gen ' F.C. de W. Yeoman P.R. de B. Yeoman Quilibet Iurat ' praed per se separatim manucaptus or attachiatus est per Pleg ' I.D. R.R. A.B. armig ' vic' And yet it seemeth not needfull to returne Manucaptores here But vpon this writ the Sherife must necessarily returne twentie foure Also the whole Iurie must necessarily bee of such as dwell within the Shire c. See hic cap. 85. The Sherife must not returne Venire feci c. but he must returne Executio istius breuis c. vt supra Vpon the Venire fac ' Iurator ' the Sherife shall return no issues but vpon the Distring ' or Habeas Corpora Iurator ' he must returne issues Hic cap. 90. If any of the Iurors be misnamed either in their Christian name or Sirname it is erronious The Sherife shall returne no Iuror without some true and certaine addition Hic cap. 85. Hee shall not returne the same persons which haue passed in a former enquest for the same cause He must returne the name of the Iurors in a schedule and not vpon the backe of the Writ And if the parties shall admit a Visne or such a Town to be although there be no such Towne yet the She-may not returne that there is no such Towne but he ought to make his Pannell de Corpore Comitatus Retorn '
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
habet bona nec terras The Iurie may find that the Conusor had no land but in right of his wife and that she ouerliueth him or that the Conusee hath purchased the land after the Recogn ' c. Plus hic cap. 24 25 26 27. CHAP. 59. Retorn ' de Exigens VIrtute istius breuis mihi directi Exigent ad Com' meum tent ' apud C. in Com' C. infrasc ' tali die anno infranom ' I. S. primo exactus fuit non comparuit Et ad Com' meum ibidem tent ' tali die anno praed ' I.S. Secundo exactus fuit non comparuit Et ad Com' meum vt supra tertio exactus fuit non comparuit Et ad Com. meum vt supra Quarto exactus fuit non comparuit Et ad Com' meum vt supra quinto exactus fuit non comparuit Ideo praed ' I.S. per iudicium I.W. R.S. gen ' Coronator ' dicti Dom ' Regis com' praed ' secundum legeÌ„ consuetud ' regni Angliae vtlagatus est or if it be a woman waiuiataest If there be aboue two defendants then thus Infranom ' I.S. ceteri def infranom ' primo exacti fuer ' non comparuer ' nec aliquis eorum comparuit Et ad Com' meum c. vt supra Ideo praed ' I.S. ceteri def infranem ' or name them all per Iudicium c. vt supra If any of the defendants yeeld themselues then thus Virtute c. ad com' meum ibidem tent ' tali die Anno I. S. ceteri def infranom ' Quinto exacti fuer ' ad quem diem predictus I.S. comparuit se reddit prisonae Domini Regis Castri sui Cantabr cuius quideÌ„ corpus coram Iustic infrascr ad dieÌ„ locuÌ„ infracoÌ„t parat ' habeo prout interius mihi precipitur Sed ceteri def infranoÌ„ non comparuer ' c. Ideo c. vt supra The Sherife also may Retorne Languidus in pris Mortuus Tamen quaere de hoc Protulit supersed ' See hic cap. 53. hic infra But where vpon the Exigit the Sherife returneth Reddit se hee must haue the body in Court at the day or els retorne Languidus in prisona If the Sherife returneth Mortuus by some opinions the Sherif shal be amerced for that by the Exigent the Sherife hath authority but to call the party froÌ„ Country to County to appeare and answer the Law c. and if he appeare then to take and imprison him If after two or three Counties the King shall happen to dye and in the next kings time the other Counties be kept and proclamation made and then the Sherife returneth quinto exactus this is error The Sherife may retorne that the party is in Prison vpon a condemnation for debt but then the Sherife must bring him into the Court. Also the Sherife may retorne that the party yeelded himselfe to the old Sherife who hath not deliuered him Where vpon the Exigit the Sherife returneth Protulit supersedeas or protulit breue Domini Regis de Non molestando or que le Roy luy maunde ê‘ breue de Priuy seale que il auoit luy Pardon c. command que ne soit endamage or the like Ideo vlterius procedere non potui the Sherife hath beene amerced for such Retorns Quaere ideo Also vpon the Exigent the Sherife may make his Retorne thus scz Quod pro defectu Comitatum or Coronatorum Nihil actum est And so note that he which is sued if he doe not appeare vpon the meane proces c. then vpon the Exigent he shall be solemnely proclaymed demanded or called by the Sherife at 5. Counties scz from County to County each one after another to appeare and to yeeld his body and answer to the Law or else that he shall be vtlawed and if he commeth in at any of the said fiue County Courts the Sherife is to take and imprison him But if he commeth not in within that time then the Sherife with the assistance of one Coroner at the least is to pronounce him vtlawed scz to pronounce him to be out of the protection of the King and his Law But the Iudgement is to be giuen or pronounced by the Coroner in the 5. County And then the Sherife is to retorne the same as before And the Sherife in such his returne must set downe certenly the day yeare and place where and when his County Courts are kept and the partie so called Also it must appeare in such Returne that it was per Iudicium Coronatorum for they be Iudges of the Vtlaries An Enfant aboue the age of 14. yeares may be returned vtlawed Note that the Sherife hath beene deepely amerced for imbeaseling an ExigeÌ„t or for retorning the same falsly hic cap. 37. Retorne de Exigent inter duos vic' Istud breue prout indorsatur mihi deliberat fuit ê‘ I. C. militem nuper vic' Com' infrascr ' prox ' praedecessor ' meum in eius exitu ab officio Et ad Comit ' meum tont ' apud Castrum Cantabr in Com' C. infrascr ' tali die Anno infranom ' I.S. Tertia exactus fuit non comparuit Et ad Comit ' meum tent ' vt supra Quarte exactus fuit non comparuit c. For the retorne of an Exigent allocato Comitatu see my booke at large Retorn ' breuis de Proclam ' super Exigent Virtute istius breuis mihi directi ad Comit. meum ten ' apud c. tali die anno Primo proclamari feci Et ad generalem Session ' pacis tentum apud c. in Com' praed ' tali die anno Secund ' proclamari feci Et ad maxime vsuale ostium Ecclesiae de B. infrascr super diem Dominicum scz tali die Anno immediate post diuinum seruic ' Nulla praedicatio eadem Ecclesia adtunc ibidem existens vno mense ad minus antequam infranom ' I.S. Quinto exactus fuit Tertio proclamari feci Quod infranom ' I.S. se reddat mihi prout interius mihi praecipitur A.B. armig ' vic' Aliter Quod infranom ' I.S. ceteri omnes def infranom ' se reddant mihi Ita quod habeam corpora corum coram Iustic ' infrascr ' ad diem locum infracont prout istud breue in se exigit requirit And so note that vpon euery Exigent where a writ of Proclamation is awarded and deliuered to the Sherife before any Vtlary pronounced the Sherife also must make three seuerall Proclamations as aforesaid And for want thereof c. the Vtlary shall be void and besides the party grieued may haue his action against the Sherife and the Sherife shall be further amerced at the discretion of the Iustices Plus hic cap. 102. Retorn ' sur breue de Restitution apres Exigent An
coram Iustic ' infrascr ' apud W. die c. vna cum omnibus Executionibus eorundum Et vlterius ad Comit ' meum tent ' apud Cantabr ' tali die anno publice Proclam ' feci quod partes in eisdeÌ„ breuibus nominatis dies suos coram Iustic ' apud W. ad praefatum terminum conseruarent prout istud breue c. Virtute c. Indictamentum illud vnde in dicto breue fit mentio Certiorari or omnia singula Indictament ' R.B. infranominati vnae cum omnibus idem Indictament ' tangentibus in Cancellaria dicti Domini Regis mitto in quadam schedula huic breui Consut ' Retorn ' de Proclam ' extra Cancellar ' Virtute c. publice proclamari feci* infra balliuam meam quod infranoÌ„ ' I. S. sub poena legianc ' suae coram Domino Rege in Cancellar ' sua ad diem infracont ' compareat prout interius mihi praecipitur Necnon dicto Domino Regi certifico quod infranom ' I.S. Non est inuentus in balliua mea * Or such Proclamations would be made in diuers seuerall places and at diuers seuerall times within the same sheire and be returned accordingly The Returne of a Dedimus potestat ' to take the Oath of a Sherife Virtute istius breuis nobis directi tali die anno c. infrascr ' recepimus Sacramentum infranom ' A. B. vicecom ' Com' C. de Officio illo bene fideliter faciend iuxta formam cuiusdam schedulae praesentibus annexis prout interius nobis praecipitur Ac prout istud breue in se Exigit requirit W. S. B. T. Commis Retorn ' Securitatis Pacis sur Supplicauit Ego A.B. ar ' vic' Com' infrascr ' Domino Regi in Cancellar ' sua certifico quod I.S. infranom ' Nullam mihi inuenit securitatem pacis de qua interius fit mentio sed in prisona Domini Regis sub Custodia mea ad presens residet Ego Aliter c. mitto coram Domino Rege in Cancellar ' suam tenorem securitatis pacis de qua in dicto breue fit mentio sub sigillo meo prout istud breue in se exigit requirit Quae quidem securitas huic breui est Consut ' Vpon a Supplicauit directed to the Sherife and Iustices of Peace of that County if it be deliuered to the Sherife he onely ought to execute it scz he is to grant out his warrant to bring the party before him alone to find Sureties for the Peace and he is further to doe in euery behalfe according as the Writ directeth him CHAP. 82. Retorne of Proces out of the Eschequer Retorn ' de Capias extra Scaccarium Corpus VIrtute istius breuis mihi directi Boronib ' infrascriptis certifico Quod Cepi corpus infranom ' I. S. cuius corpus coram dictis Baronibus parat ' habeo ad dieÌ„ infracontent ' See hic cap. 53. Necnon tali die anno infrascr ' Cepi in manus dicti Domini Regis Terre nomine distriction ' certas terras Ten ' infranom ' I. S. iac ' existen ' in B. annui valoris C.s. prout istud breue exigit c. Aliter de terra Virtute c. certifico quod tali die anno infrascr ' Caepi in manus Domini Regis infraspec ' ManeriuÌ„ infrascr ' cum ê‘tin ' prout interius mihi praecipitur Et si sit cum Inquisit ' ê“ annuali valore tunc breue praedictum returnab ' est sic ResiduuÌ„ Execution ' istius breuis patet in quadaÌ„ Inquisit ' huic breui annex A.B. Armig ' vic' Inquisitio Indent ' Capta apud L. in Com' praed ' tali die anno coram A. B. ar ' vic' Com' praed ' virtut ' breuis Domini Regis mihi directi huic Inquis annex ' ê‘ Sacram ' B. C. D. E. c. ad numerum xij iurator ' Qui dicunt super Sacram ' suum Quod c. as the matter is Retorn ' de Seisur ' nomine District ' Virtute Terre c. tali die anno in manus Domini Regis seisiui or Cepi Maner ' de B. infrascr ' cum pertin ' in S. in Com' infrascr ' quod quidem Maner ' est clari annui valor ' in omnibus exitibus vltra repris xx.l. de terris I.S. in schedula huic breui annex ' nominat Ac Cepi etiam in manus eiusdem Domini Regis vnum bouem pretij xx s nomine distriction ' Boni de bonis Catallis I. S. in schedula praed ' nominat ' prout istud breue in se exigit requirit Vide hic cap. 56 how the Returne shall be where he is sufficient Nihil Nullum tale maner ' nec vlla terra seu tenementa cognit ' per nomen de E. iac ' in Com' C. vnde distringere possum Distring ' c. Aliter Infranom ' I.S. nihil habet in manerio terris tenementis infrascript ' per quod ipsum distringere possum prout c. Aliter Infranom ' I.S. nihil habet in balliua mea c. Nec est inuentus c. Aliter Et vlterius Baron ' infrascr ' certifico Quod nulli sunt execut ' vel admin ' bonorum catallorum quae fuer ' infranom ' I.S. vnde ipsos aut eorum aliquem distringere possum Homage Retorn ' Breuis de respect ' homage al Distringas Manucaptores Infranominat I.S. Ioh. Doo Rich. Roo Exitus xx s more or lesse according to the value of the land Retorn ' Breuis de Quis est tenens Virtute c. certifico Quis tenens Quod W.B. M. vxor eius sunt tenentes tertiae partis Manerij infrascr ' in tres partes diuisas C.A. M.A. I.A. filiae I.A. defuncti sunt tenentes secundae partis manerij infrascript ' in tres partes dâ—uisas Et alia tertia pars Manerij infrascript ' remanet in custodia or manu Domini Regis ratione minoris aetatis P.A. filij haered praedicti I.A. Manucaptor ' praenom ' W.B. M. vxor ' eius Ioh. Doo Rich. Roo Retorn ' quando aliquis ostendit Vic' Tallia Tallia Virtute c. certifico Quod I.S. infranom ' post receptionem istius Breuis mihi ostendit tallia sua de solutione firmae suae interius specific ' Ob quod praefixi ei diem essendi coram Baron ' infrascript ' ad faciend ' recipiend super tallia praedict ' iuxta tenorem huius breuis Et ideo leuatio summ ' interius specific ' Supersed prout mihi interius praecipitur Retorna breuis per collect ' decimae quindecimae extra Scac ' That A. refused to bee Collector of the Taske or to seale the Bond. See my booke at large That C. hath sealed a Bond for the
issues which is not sufficient the Sherife may be inforced to pay their issues for them CHAP. 89. Returne of issues vpon the defendant or tenant THe Sherife stands bound by his oath to set and to returne reasonable and due issues vpon all such as be within his County scz vpon the tenants or defendants which haue such lands or goods after their estate to the end they may the rather appeare And the tenant or defendant making default of appearance after the first attachment returned scz vpon the Distringas shall loose and forfeit issues to the King If the Sherife shal set and return too small issues vpon the tenant or defendant he is punishable When the tenant or defendant is distreined for such issues it seemeth that the Sherife ought to deliuer them to the Mainpernors or Manucaptors and if the party maketh default at his day the Sherife shall answer for those issues in the Exchequer by the Estreates therof made and the Mainpernors shall be answerable therefore to the Sherife Vnder the name of Issues are contained The profits of the lands Quid. and the goods of the party 1 The profits of the lands scz his rents and corne growing But yet for rent the Sherife needeth not to returne that for issues except they be then due And for corne growing the Sherife must be warie in returning them for issues for that they may be lost or spoiled before they be carried 2 Goods scz Corne in the barne and all moouables except apparrell houshold-stuffe horses and their harnesse And by the Stat. the Sherife ought to returne in issues vpon euery defendant or tenant Quantum so much as may arise of the profits of their lands within that County from the day of the Teste of the writ vntill the day of the returne thereof and the value of his goods except vt supra But it seemeth that this Law is not now much in vse whereby as Master Fitzh sayth great inconuenience ariseth besides it is a breach of the Sherifes oath Otherwise at this day the Sherife neede to returne but reasonable issues But be they neuer so great they be forfeit vpon his default and the party hath no remedy and the Sherif shall be chargeable therewith being estreated See hic cap. 11. Note that with these issues the land is chargeable into whose hands soeuer it come after See hic cap. 11. CHAP. 90. What Issues the Sherife must returne vpon Iurors BY the Common Law the Sherife was to returnâ— no Issues vpon a Venire fac ' Iurator ' Hic cap. 78. Neither was it vsed to returne any great Issues vpon the Habeas corpor ' or Distring ' Iurator ' But for the more expedition of Iustice and more speedy triall of issues by Iurors and in some cases of Enquiry there haue beene diuers statutes made as followeth 1 Vpon euery first writ of Habeas corpora or Distring Iurat ' c. to trie any issue the Sherife shall returne in issues vpon euery person impannelled and returned x. s. at the least And vpon the second writ xx s. And vpon the third writ xxx s. c. Sub poena V. li. 2 In actions of Attaint the sherife shall returne in issues vpon euery Iuror at the first Distring forty shillings at the least at the second Distring fiue pounds And the double vpon euery other Distresse Sub poena xx li. 3 Vpon euery precept from Iustices of peace to enquire of a forcible Entrie or Riot c. the sherife shall returne vpon euery Iuror in issues at the first precept or day twenty shillings And at the second day forty shillings And in cases of a Forcible Entry or Deteiner at the third day C. s. and at euery day after double Sub poena xx li. 4 Vpon a Commission to enquire of the defaults of Iustices of peace and Sherifes in not executing the Statutes made for the suppressing of Riots there shall bee returned in issues vpon euery Iuror at the first day twentie s. at the second day fortie shillings at the third day C. s. and at euery day after the double Sub poena 40. li. 5 Vpon an Information vpon the Statute of Liueries the sherife shall returne in issues at the first day twentie shillings At the second day thirty shillings At the third day forty shillings and at euerie day after for euerie time to encrease them ten shillings What issues shall be returned vpon Iurors in London see the Statutes 11. H. 7. 21. 4. H. 8. 3. 5. H. 8. cap. 5. What issues shall be returned vpon Iurors in Wales or in other Cities or Corporate Townes See 27. El. ca. 6. If the Sherife shall returne any Iuror in issues which is not sufficient or hath no land the Sherife shall pay those issues himselfe If the Sherife shall returne any issues vpon any Iuror which was not lawfully summoned or distreyned the Sherife shall forfeit double so much as the said issues returned Plus hic cap. 11. No Sherife shall leuie any issues other than such as are estreated to him vnder the seale of the Exchequer See hic cap. 13. 125. And these Estreats shall expresse the cause of the losse or forfeiture the tearme yeare nature of the Writ or Action and betwixt what parties the Issues fines and amerciaments be lost and the Sherife in his warrants to his Bailifes must also expresse the cause of the forfeiture No estreat of Issues against any Iuror shall be deliuered receiued or put in vre without such addition as is put in the originall Pannell and no Sherife c. shall collect any issues so estreated but of the right party chargeable by the Estreat And note that all the Kings courts Iustices Commissioners and others shall deliuer into the Exchequer at Michaelmasse yearely their estreats of fines and amerciaments assessed or taxed before them and of all issues c. and from thence they shall make Processe against the parties to answer and satisfie the same Note also that these issues returned vpon the Tenant or Defendant and vpon Iurors and lost by them in respect of Non appearance and estreated as aforesaid shall be leuied by the Sherife as forfeit to the King CHAP. 91. ALl the lands which the Iuror had at the time of the Vinire facias serued vpon him shall be liable to his issues c. If the land which the Iuror had be recouered from him or that hee had the same land but for another mans life who is dead then the Sherife must returne this speciall matter Et sic nihil habet otherwise the Sherife cannot returne Nihil where Issues were returned by him before nor vpon the Distringas Iuratores Hic cap. 78. Plus hic cap. 11. that the Issues may be leuied vpon the heire successor purchasor wife Fermour c. CHAP. 92. The chusing and returning of Knights c. for the Parliament AFter the Sherife hath receiued the Writ for Summons of the Parliament and