by the common Law the Sherife is a principall conseruator of the peace and therefore vpon request to him made he may cause another to finde suerties for the peace and may take the same suertie by Recognisance and that ex Officio Yea the Sherife may apprehend arrest and commit to prison all Affrayors and such others as shall in any sort breake or attempt to breake the peace in his presence and within his Countie and may cause them to finde sureties for the peace But yet a Sherife ought not to execute the office of a Iustice of peace in the same Countie by force of any commission of the peace during the time that he is Sherife Also euery Sherife by vertue of his Office may take Posse Comitatus in these cases following scz When any of the Kings enemies shall inuade the land When any rebellion insurrection or ryot c. shall be To pursue apprehend and imprison Traitors Murderers Robbers and other Felons and that as well within Franchises or Liberties as without To execute the Processe and Warrants of the King and of his Iustices Plus hic cap. 95. Also vpon notice of any ryot vnlawfull assemblie Affray or other offence against the Peace the Sherife ought to raise the power of the Countie if need be to apprehend and imprison such malefactors They may arrest and commit to the Gaole all persons by them suspected which be vagrant or which shal walke by night or day and be of euill name or fame And it seemeth they may bind ouer such persons with Sureties by Recognisance to the next Sessions or Gaole deliuerie They may arrest and commit to the Gaole all such as goe or ride armed offensiuely scz in affray of the Kings People and may take away their Armour to the Kings vse and prcise the same by the oathes of some present If any Subiects Purueyour or Cator shall take any mans goods or any carriage against the ownors will the Sherife vpon request and notice thereof is to arrest and imprison the offendors c. sub poena 20. li. The Sherife or Vnder-sherife sub poena 100. li. must ioyne with the Iustices of peace 1 To arrest and imprison Ryoters c. 2 To record the Ryot in writing 3 To enquire thereof by a Iurie if they were gone before the comming of the Iustices and Sherife 4 And to certifie the King and his Coâ—ncell thereof if the truth cannot be found vpon such enquirie 5 If the truth thereof cannot bee found by reason of any maintenance they must also certifie the names of such maintainers and their misdemeanors sub poena 20. li. If any persons shall make resistance or disturbance to the Sherife or his Officers in the execution of the Kings Proces it seemeth the sherife may presently imprison such Resisters Sherifes may baile prisoners in diuers cases Hic cap. 96. Sherifes also haue the keeping and the Cognisance and the correction of the Assises of bread and ale and of false weights and measures and may enquire thereof in their Tourne and may adiudge them to bodily punishment See plus hic postea tit Torne ca. 109. Also in the execution of some Writs as in a Writ of Redisseisin in a Writ to enquire of Wast and in a Writ of admesurement c. the Sherife is both a Iudge and an Officer and so hath a twofold authoritie scz As a Iudge to hold plea of the matter to examine it to giue iudgement and in some cases to commit to prison yea and to make out Processe against the offendors As an Officer to execute the Processe and to retorne the same But this iudiciall or absolute power the Sherife cannot grant it ouer neither may he execute it by his Vnder-sherife or other Deputie as it seemeth but must sit and execute it in person although it be within a Franchise CHAP. 5. The ministeriall Office consisteth principally in these things following 1. TRuly to keepe the Kings rights of his Crowne within his Countie scz the Kings Lands Franchises suits c. Cap. 6 7 8. 2 To gather the profits and monies due to the King within the Countie Cap. 9 c. 3 To seise to the Kings vse the goods of Felons Fugitiues persons outlawed treasure troue waifed goods wrecks c. Cap. 14 c. 4 To execute returne all writs commandements directed to him from any of the Kings Courts Cap. 20 c. Note that whatsoeuer the Sherife shall doe in these former businesses Virtute Breuis scz by vertue of the Kings Writ or other Warrant from the Kings Courts is warrantable But what he shal do virtute or colore officij is not always excusable or so safe 5 To impanell Iuries and returne them Cap. 85 c. 6 To be attendant vpon the Iudges in their Circuits c. Cap. 98. 7 To assist the Iustices of peace and to execute their Precepts Cap. 99. 8 To execute the Precepts of other Commissioners Cap. 100. 9 To execute the Precepts of Eschetors and Coroners cap. 100. 10 To assist the Ordinaire in suppressing heresies Ibidem 11 Duly to keepe his Courts scz His Tourne Cap. 106. His Countie Court Cap. 110. 12 To proclaime certaine Statutes c. Cap. 102. CHAP. 6. FIrst The Sherife by his Oath is truly to keepe the Kings Rights scz that they be not decreased cancelled or withdrawne be it in his lands franchises suits or other things Concerning the Kings Lands In antient times Sherifes in their Tornes did enquire of alienations in Mortmaine and of alienations by the Kings Tenants without Licence and in such cases the sherife might haue seised the lands so aliened to the Kings vse as lands forfeited or escheated At this day where any man shall encroach vpon the Kings lands or vpon the Kings Highway or shall leuie or make any house or building wall or hedge c. vpon the Kings land or highway Or shall make any inclosure thereof these are purprestures and to be enquired of and reformed by the sherife in his Torne and they may be seised by the sherife into the Kings hands or may bee pulled downe c. Hic Cap. 107. Where without any offence found or other matter of Record there is a possession in Law vested in the King of any lands c. scz where the Freehold is cast vpon him in law there it seemeth the Sherife or Escheator ex Officio may seise and take the Issues and profits of the same lands to the Kings vse making account for the same As where any lands c. shall come to the King by discent Remainder or Reuerter Also the Kings Officer may seise these things following as Royalties belonging to the King by his Prerogatiue or otherwise comming to the King or Crowne by escheat or forfeiture and to answer the issues and profits thereof c. As First the lands and profits of the lands of aliens within their Countie The lands and profits of such lands as come to the
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
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
yet the Sherife cannot breake open a doore or a gate c. to distreme for the Kings rent nor to leuy any fine amerciament issues debts or other such duties due to the King except he hath the Kings Writ c. 2 Vpon a Commission of rebellion out of the Chancerie the Sherife may breake open the doores or house to apprehend the party But quaere if vpon an Attachment or vpon an Iniunction they being the suite of the partie 3 Vpon an Habere facias seisinam or possessionem the Sherife may breake the house and deliuer seisin c. yea the Sherife ought to execute this Writ although that an estranger bee lawfully seised of the house or land c. 4 In Execution of the Commission of Bankrupts by warrant vnder the hands and seales of the said Commissioners the Sherife may breake open the houses chambers shops doores or chests c. of the Bankrupt wherein any of his goods be or shall be reputed to be and to seize vpon the body and goods c. 5 To deliuer cattell impounded c. in a Castle Fort or House c. See hic cap. 114. 6 Also where one being vnder arrest vpon an Execution or otherwise shall escape into an house vpon pursuit the Officer may breake open the house to take his prisoner againe 7 So wheresoeuer the Officer hath once lawfully entred the house or into one roome he may breake open any other roome there vpon refusall to let him goe in 8 If the doore be open and the Officer commeth to the house and sheweth the Kings Proces and offereth to enter to execute the same and then the doores be shut against the Officer here the Officer may breake open the house c. for that here he had lawfully begun to execute his Proces 9 Where the Officer hath once lawfully entred an house to make execution of his Proces the doore being open and then the doore is shut and so the Officer is detained prisoner in the house the Sherife is to deliuer his Officer may breake open the house Bâ—t where the outward doore is shut before the comming of the Officer there he cannot iustifie the breaking open of the house or doore to execute any Proces vpon the body or goods of any person at the suit of any subiect for any debt dammages or the like And yet in all cases if the outward doore be open the Officer may enter and make execution of any Proces at the suite of any Subiect otherwise if the doore be shut though onely latched But note wheresoeuer the Sherife may breake open an house yet first hee ought to make request to haue the dore opened and withall he must signifie the cause of his comming Also hee may not breake open the house or doores â—here he may enter otherwise But the Law giueth no colour in any case to break open a mans house by night except onely for the apprehending of traytors or felons Neither shall any mans house priuiledge or protect any stranger for their body or goods to preuent the Kings Proces Vide et Nota. Vpon a Fieri facias the Sherife breaketh open a dore or a chest to take goods in Execution an action lyeth against him for breaking thereof CHAP. 95. Where the sherife may take Posse Comitatus THe Sherife and his Officers may take the power of the County as well for the safegard of their persons as to execute the Kings Proces or Writ be it a Writ of Execution Repleuin Capias c. or any other Writ and such as shall not assist the Sherife and his Officers therein being required shall pay a fyne to the King The Sherife also may take Posse Comitatus to execute the precept of the Iustices of peace as in case of a forcible entrie c. to make restitution c. Also when any of the Kings enemies shall inuade the land the Sherife in defence of the Realme may take Posse Comitatus hic cap. 1. So when any rebellion or riot c. shall he hic cap. 4. So to apprehend traytors or felons hic cap. 4. So where the Sherife findeth any resistance in the execution of his Office Hic cap. 36.58 63. Note that the Sherife or his Officers may take the power of the County by force of the Common Law And in all cases where the Sherife c. may take Posse Comitatus there he may command the aide and attendance of all persons within his County that are able to trauell and be aboue the age of 15. yeares And in such cases it is referred to the discretion of the Sherife what number hee will haue with him and how and in what manner armed The Vndersherife as also the Sherifes baylife or seruant hauing the Sherifes warrant haue the same authority to take Posse Comitatus in euerie behalfe The Sherifes baylife to execute a Repleuin tooke with him three hundred men armed modo guerrino scz with gunnes c. and it was holden lawfull But the Baylife in such cases must be a knowne baylife and must haue the Sherifes warrant to doe this CHAP. 96. Bailement of Prisoners IF the Sherife shall detaine any prisoner which is baileable after sufficient sureties offered the Sherife shal be punished If the Sherife shall baile any person which is not by him baileable hee shall be punishable to the King and partie grieued And if the prisoner were in for felonie and the Sherife bayleth and deliuereth him this is felonie in the Sherife except it be by vertue of the Kings speciall Writ But Sherifes and their Officers ought to let to baile all manner of persons by any of them arrested or being in their custodie by force of any Writ Bill or Warrant in any Action personall or vpon any Indictment of Trespasse vpon sufficient sureties offered to appeare at the day and place where and when the same Writ c. are returnable And yet Sherifes may not baile any person in any of these seuen cases following scz such as are in their custodie 1 By condemnation vpon any iudgement 2 Vpon a Capias ad satisfaciendum or other Execution 3 Vpon a Capias excommunicatum 4 Vpon a Capias vtlagatum 5 For suretie of the Peace 6 By commandement of any Iustice 7 Nor Vagabonds or idle persons refusing to serue Neither shall the Sherife bayle any person or prisoner taken for any manner of treason or felonie And yet a prisoner in the Gaole for felonie may by the Sherife bee bayled vpon the Kings speciall Writ of Mainprise Also persons committed vpon an Indictment for Trespasse or other like offence before Iustices of peace the Sherife may baile them binding them to the next Sessions c. Now wheresoeuer the prisoner is baileable thereafter the Arrest the officer ought to take sureties by obligation Obligation for the appearance of his prisoner In the formes of such obligations these three things are to be obserued otherwise the obligation will be void 1 The
bond must bee made to the High-sherife onely or to his vse and to none other person 2 It must bee made to him by the name of Sherife 3 There must nothing be put into the condition of the bond but onely that the defendant shall appeare at the day and place in the Writ specified to doe as the Writ requireth A bond made to any person for the inlargement of a prisoner saue only to the Sherife is void A bond made to the Sherife to such purpose without a Condition is void A bond made with addition of any clause or word in the Condition to any of these purposes following scz to saue harmelesse to yeeld his body prisoner to bee true prisoner to pay money charges or fees or for meate or drinke or for any other â—hâ—ng than onely for appearance of the prisoner is void A verball promise or assumpsit in such cases is void Also it is safe for the Sherif that the the party bailed bee bound with two sureties hauing sufficient within that Countie And for the sureties their number and suffficiency and the sum wherein they shall be bound all these are left to the discretion of the Sherife or Officer But bonds taken by the Sherife of the defendant being neither in prison nor arrested with condition to pay the money recouered in Court or to pay it to the Sherife seemeth good The Sherife leuieth goods vpon a Fieri fac ' and then sels them to the party and taketh his bond for the mony this is good So if the Sherife taketh Bond for the payment of money due to the King vpon an Estreat out of the Exchequer it is good So if the Sherife attacheth goods and taketh bonds for them And it seemeth that the Statute of 23. H. 6 doth make voyd onely Obligations made by prisoners or persons arrested or made by any other for the inlargement of the prisoner or person arrested CHAP. 97. The forme of a Bond for appearance NOuerint vniuersi per praesentes nos B.C. de c E. F. de c. G.H. de c. teneri firmiter obligari A.B. Armig ' Vicecom ' Com' praed in xl l. c. soluend eidem Vice comiti aut suocerto attornato execut ' siue administ ' suis ad quam quidem solutionem c. as in other Bonds A Condition for apparance The Condition of this present Obligation is such That if the aboue bounden B.C. doe appeare coram c. according to the Writ to answer to I.D. in a plea of Debt or Trespasse as the Writ is That then c. Sealed and deliuered to the vse of the aboue named Sherife in the presence of A.R. and T.S. A Condition to appeare in the Starre-Chamber The Condition of this present Obligation is such That if the within bounden I.S. doe personally appeare before the Kings Maiestie and his most honourable Councell in the Court of Starre-Chamber at Westminster such a day and so from day to day and not to depart without licence of the sayd Court That then c. A Condition for appearance at the Sessions Conditio c. Quod si infra obligatus I.S. in propria persona sua compareat ad proxim ' Session ' Iustic ' Pacis in Com' C. post Festum c. proxime futur ' tenend ad respond Domino Regi de diuersis offensis vnde indictatus est Quod tunc c. A Condition to appeare in the Common place vpon an Exigent Conditio c. Quod si I. S. de c. in propria persona sua compareat coram Iustic ' Domini Regis apud Westm ' a die Sancti Michaelis in tres septimanas proxim ' futur ' post datum infrascript ' ad respond R.W. in placito debiti secuÌ„d formam vim effectum cuiusdaÌ„ breuis de exigend infranom ' Vicecom ' direct ' Quod tunc c. CHAP. 98. Their attendance vpon the Iudges of Assise c. 1 VPon a Precept from the Iudges of Assise c. the Sherife is to summon the Assises c. and to returne the same 2 The High-Sherife is personally to attend vpon the Iudges in their Circuits for the executing of their Precepts and Commandements and to take charge of all prisoners in the Gaole and for the execution of Felons condemned to die which sentence he must see executed and for inflicting punishment vpon other offendors according to his office 3 He is to make and deliuer at euerie Assises to the said Iudges a Kalender of the names of all the prisoners which are or were in their custodie for Felonie or otherwise with the cause of their commitment and by whom they were committed and by whome any are bayled sub poena v. l. And withall the Sherife is to make and to deliuer to the said Iudges a Kalender of the names of all the Iustices of peace Coroners Stewards or Baylifes of Liberties and Baylifes of Hundreds Also all Baylifes and other Ministers of any Franchise c. must be attendant to the Iudges of Assise c. And the Iudges of Assise may fine the High-Sherife other the said Officers if they faile either in their attendance or for any other negligence misbehauiour or misdemeanor in their office before them The Iustices assigned to heare and determine Felonies may award their Processe to the Sherifes of any other Countie where a prisoner indicted before them of felonie is dwelling to apprehend him the sherif of such other county is duly to execute the same processe Note that the Sherife may not stay or delay the execution of any prisoner condemned to die without the commandement of the Iudges CHAP. 99. The Sherife is to assist c. Iustices of Peace 1 IN some cases the Sherife is to ioyne with the Iustices of Peace As first for the suppressing of Riots Routs and vnlawfull assemblies For the arresting and imprisoning of the Offenders For the Recording of the Riot And for enquiry thereof according to the Statutes 2 If the truth of the Riot can not be found out vpon this enquiry then within one moneth the Sherife is to ioyne with the Iustices in a certificat of the fact and circumstances c. into the Kings Bench or c. If the truth be not found by reason of any maintenance they are to make another certificat of the maintainers and of their names and misdemeanors Plus hic cap. 4. 3 The Sherife also is to attend goe with and to assist the Iustices of Peace for the arresting of such as make any forcible Entrie or Deteiner of possession and for the remoouing of the force and of the offenders 4 The Sherife must make due execution of the precepts of the Iustices of Peace for the returning of Iuries before them to enquire of forcible Entries or Riots c. sub poena twentie pounds The Sherife also must duely execute all other precepts and lawfull warrants directed to him froÌ„ the Iustices of Peace for ministration of
haue leuied or receiued and shall be pretended not to be accompted for c. vnlesse such Sherife shall be called in question for the same within foure yeares after the time of their accompt and Quietus est Stat. 21. Iacobi cap. 5. And euery Officer that shall send out any Proces or by whose default any Proces shall be sent out contrary to the said Statute shall for euery such offence forfeit to the party grieued 40. l. and besides shall pay costs and dammages c. ibid. CHAP. 126. The principall matters wherein there is any great danger to Sherifes IF any Sherifes shall exercise his Office before he hath taken his oathes scz to the Supremacy and for the due Execution of his Office he is punishable in the Starre-chamber So if he shall not performe his oath concerning his Office He must put in sureties by Recog ' in the Eschequer before he exerciseth his office sub poena C.l. He may not abide in his Office aboue one yeare sub poena 200.l Hee may not be in that Office againe within three yeares sub poena 200.l He may not let to farme his County c nor his Office in any manner sub poena 40.l He must appoint Deputies in the Courts at Westminster before heare-turnes any Writ sub poena 40.l He must appoint Deputies foure at least to make Repleuies in the country sub poena for euerie moneth 5. pound Escape Vpon an escape of a felon voluntarily suffered by his Gaoler the Sherife may be indicted of felony Quaere tamen but at least it seemeth the Shemay bee fined to the value of his goods Also for a negligent escape he may be fined If he shall bayle a prisoner who is in for felony except it be by speciall Writ it is felony If he shall conceale any felony done within his County hee shall haue one yeares imprisonment and bee fined at the Kings pleasure Vpon an escape of one taken in execution for debt or dammages hee is chargeable for the whole If an accomptant committed to prison by Auditors be bayled or suffered to goe at large without consent of the Master the Sherife is chargeable for the whole debt If the Accomptant be brought to the Gaole by the Auditors and the Gaoler will not receiue him whereby he escapeth the Gaoler or Sherife is chaâ—geable for the debt If a felon sent to the gaole bee refused and so escape Quaere if it bee not a voluntary escape so felony in the gaoler at least If the Sherife shall make any warrant without an Originall he shall forfeit 20. l. to the King and 10. l. to the party and be committed quousque Arrest Vpon any arrest to be done if they or their Officer take any thing to omit the arrest or otherwise not to do their duty they forfeit 40.l So if for any reward they shew fauour to any person arrested So if they take any fees contrary to the statute So if they deteine any prisoner being bayleable after sufficient Sureties offered So if they bayle any prisoner which is not bayleable the Sherife for euery of these shall forfeit 40.l They ought to array their Pannells for the Assises sixe dayes before sub poena 40. l. They must deliuer copies of such Pannells as they returne for Trialls to each party demanding the same sub poena 40. l. They must returne Pannells as they shall be reformed by the Iustices sub poena 20.l They must returne none of their seruants or Officers vpon any Iury sub poena to pay treble dammages and 40.l They must returne sufficient Iurors to enquire of Riots c. sub poena 20.l They must returne due Issues vpon euerie Iuror sub poena 20. li. in some Cases and in some Cases 40. li. If they make a false Returne vpon a Capias Excom ' they forfeit 40. li. The Sherife hath been amercied at fiftie markes for his false returne of an Exigent The Sherife fined at 40. l. for not returning an Habeas Corpora Iurator ' Sherifes not returning false returning or misreturning of any Writ shal pay such fine or amerciament as shall be assessed by the Iustices So if the Sherife returneth a Writ without setting his name thereto Sherifes not making due election of Knights for the Parliament Parliament or making a false returne thereof shall haue one yeares imprisonment and forfeit 200.l If they be negligent in making returne of this Writ they shall haue one yeares imprisonment and besides shall forfeit 100.l So if they leaue out of their returne of this Writ any City or Burrough which ought to come to the Parliament They must assesse according to the statute euery hundred and towne towards the wages of the Knights of the Parliament sub poena 30.l If they shall leuy vpon any towne more then is so assessed they shall forfeit 30.l So if they shall not pay and deliuer the same mony c. they shall forfeit 30. l. They may leuie no issue without warrant Issues sub poena to be fined to the King and to pay treble dammages to the party grieued They may leuy no debt Debt for the King without shewing to the party the Estreat of the same vnder the seale of the Eschequer sub poena to bee fined and to pay treble dammages So if they shall leuy any duty for the King or for any subiect without warrant and shall after conuert it to their owne vse c. They must execute the Writ directed to them vpon the Statute of 31. H. 6. cap. 9. for inforcing Women to enter bonds sub poena 300.l If any Subiects Cater shall take any goods or carriage against the will of the owner the Sherife vpon request must ayde the owner sub poena 20. l. Repleuie Vpon making any Repleuin they must take pledges de prosequendo ac de Returno habendo or els they shall answer the price of the cattell or goods if returne be after awarded Riotts If the Sherife or Vnder-Sherife shall not ioyne with the Iustices of Peace in executing the Statute against Rioters he shall forfeit 100.l They must ioyne with the Iustices in certifying the names of the maintainers c. by whose meanes the truth of the riot cannot be found sub poena 20.l They must make due execution of the Iustices warrant for returning of Iuries to enquire of forcible Entries or Riots c. sub poena 20.l They are to execute the Proces of the Iustices of Peace granted out against seruants departing into other shieres sub poena 20.l Indictments taken in their Turne they must certifie at the next Sessions of the Peace sub poena 40.l They must not arrest any person nor take or leuy any fine or amerciament c. of any person indicted in their Turne without Proces or Estreats from the Iustices of Peace sub poena 100.l Sherifes also may be punished in the Starre-chamber for diuers of these their former misdoings as for their vntrue
I.D. R. R. Manucaptor ' Summonitor ' praed ' eorum vtriusque I. L. H. P. R.S.T.V. quaere of these Note that Manucaptors of the Summonors and Pledges must bee set downe vpon the retorne in an attaint as also in an assise quaere Also in an Attaint the Sherife must retorne the names of all and euery of the twelue that were of the first Iury and must distreine or summon them c. In an atteynt the Sherife vpon the Distresse â—ay not retorne that the defendant is dead In an attaynt the Sherife retorned a certaine number of Iurors but not to the full nuâ—ber and auerred in his retorne that there were no more within his bayliwicke which might spend xx l. ê‘ annum this seemeth good The Sherife may retorne the defendant Nihil in his writ Tamen quaere where that the Sherife may summon the defendant in terra petita But where the Atteynt is not of land there Nihil may be retorned vpon the defendant The Sherife is to summon the Tenant to be at the Recognition or triall The Grand Iury must be 24. And these are to be warned the first day CHAP. 52. Attachment VPon an Attachment the Sherife may retorne that the defendant is attached by Pledges or is attached by goods Vide hic cap 45. the forme Where the Sherâ—â—e attacheth one by Pledges he must make his retorn thus Infranom ' I. S. attachiatus est ê‘ Pleg ' S.B. R.B. But he may not retorne Plegij infranom I. S S. B. R. B. For such retorne were not good for want of the word Attachiatus Also if the Sherife shall but warne the tenant or defendant to appeare and answer and shall retorne garnishment it seemeth to be good If the defendant bee a beneficed Clerke he must bee warned by his person or by his land if he hath any Lay fee. Hic cap. 36. Where the Sherife attacheth one by goods he must in his retorne set down the certainty of the goods in Specie as also the value of the goods as thus Infranom ' I. S. attachiatus est per vnum bouem or equum c. pretij 40 s And where the attachment is made of a liuing thing or things the Retorn must be pretij and so of a dead thing in the singular number But if it be of dead things in the plurall number then it must be ad valentiam and not pretij Note that wheresoeuer the writ is Pone per vad ' saluos pleg There if the Sherife shall finde the party hee may attach him by Pledges and if he cannot finde the party then he may attach him by his goods Also the Sherife vpon an attachment may retorne the defendant Nihil Nihil habet in balliua mea per quod attachiari potest but then he must retorne further Nec est inuentus in eadem Attachment sur Appell In an Appell of death or Robbery Non est inuentus is a good retorne vpon the Attachment Also the Sherife may retorne that the Plaintife non inuenit Plegios de Prosequendo Ideo c. CHAP. 53. Capias ad respondendum A Capias Alias or Pluries directed to the Sherife may be retorned after diuers manners and as the case shall require viz. 1. First if the Sherife will not or cannot execute the writ then thus Infranom ' I.S. Non est inuentus Non est inuentus in balliua mea Or Infranom ' I.S. E.D. non sunt inuenti c. Or Infranom ' I.S. caeteri defend infranominati non sunt inuenti in balliua mea Plus hic cap. 36. 2. And if the party bee taken or found then thus Cepicorpus Virtute istius breuis mihi directi Caepi corpus infranominati I.S. cuius corpus coram Iustic ' infrascript ' ad diem locum infracontent ' paratuÌ„ haâ—eo prout breue istud exigit Or prout interius mihi praecipitur But vpon such a Retorne the Sherife must withall haue the prisoner so as he appeareth at the day of the Retorne or else the Sherife shall be amerced And yet the Sherife may keepe the body after the day for hee is chargeable to bring him in by his owne Retorne In prison Virtute istius breuis vobis Iustic ' infrascript certifico quod ante aduentum istius breuis praed I. S. captus fuit c. Et in tali prisona detentuâ— Pro si spitione feloniae Pro Condempnation ' in placito Debiti c. Per Capias ad Satisfaciend in Debt Pur Arrerages de Accompt Virtute cuivsdam Quaerele c. in placito Dâ—bitâ— super demand de xx.l. in tali Curia ad sâ—â—tam I.G. c. But in these and the like cases the Sherife in his Retorne must shew the true cause of his being in prison in particular and neuerthelesse the Sherife must haue the body of the prisoner in Court or so as he appeareth at the day of the Retorne Quod Commissus fuit per duos de Conciâ—io Regis c. but here the Sherife vpon the Capias must arrest the defendant though hee had his body before and must haue his body in Court at the day Quod ante istud breue mihi deliberat ' fuit Aliter or post quam istud breue de Capias mihi deliberat ' fuit Supersedeas ante Captionem infranom ' prefati I. S. Idem I. S. protulit mihi breue Domini Regis de Supersedeas quod huic breui est coÌ„fut Ideo vlcerius ad executionem istius breuis Nihil per me actum est these are good Retornes Quod Cepi corpus c. qui postea protulit mihi breue Domini Regis de Supersedeas c. Ideo corpus suum coram c. habere non possum this is not good Quod Caepi corpus c. ipsum ad gaolam c. Posteaque viz. tali die c. pretextu cuiusdam alterius breuis dicti Domini Regis mihi directi cuius transcript ' vobis mitto huic breui annex ' predictum I.S. a prisona illa deliberari feci Et ideo corpus suum c. habere non possum These two last Retornes seeme not to be good for after he was arrested or taken vpon the Capias vpon the Retorne of the Sherife he is to be deliuered by the Court. Aliter Also vpon a Capias the Sherife may make these Retornes Quod fugit ad Libertatem T.P. ibid. morat ' c. Mandaui balliuo Libertatis de c. See hic cap. 39. infra That a Rescous was made c. Vide hic cap. 36. Languidus c. That the party is dead quaere de hoc For these 5. last Retornes See hic cap. 36. Quod breue tarde Tarde venit c. is no good retorne vpon a Capias but the Sherife shall be amerced therefore Virtute istius breuis mihi directi mandaui I.D. balliuo libertatis N. Episcopi E. qui
esset c. coram c. ad faciend ' quod istud breue exigit requirit this is a good returne The Sherife may returne that the defendant Nihil habet in balliua mea ê‘ quod eum praemunire facere possum ad praesens nec est inuentus in eadem CHAP. 70. Praecipe quod reddat of land IN a Praecipe quod reddat the Sherife may not make any of these 5. returns following scz That the defendant is not tenant for the Sherife may summon him in terra petita That the defendant Nihil habet vnde eum summonire potui Or That the defendant Non est inuentus Causa qua supra That the tenant is an Enfant or Feme Couert That the tenant hath yeelded the land to the demandant For if the tenant shall yeeld the land to the demandant yet the Sherife must summon the tenant and must returne the same for that such yeelding of the land must be in the Court c. In a Praecipe against two the Sherife returneth one of them summoned and the other not this is not good but he must summon them both and so make his Returne In a Praecipe quod reddat the Sherife may returne That the Tenant is dead or deposed beeing an Abbot c. If the Sherife shall returne the Tenant summoned where in deed he was not summoned the Sherife is punishable Note that in a Praecipe quod reddat there must be two Summoners at the least and the Sherife or his Officer in the presence of those Summoners ought to summon the Tenant to keep his day of the Returne naming that in certaine and also he ought to name the demandant the land in demand Hic cap. 31. Proprietate probanda Vpon a Repleuin Alias or Pluries Repleg ' directed to the Sherife if the Defendant claimeth propertie in the Cattell or goods distreyned c. the power of the Sherife ceaseth and determineth so as the Sherife may not Repleuie or make deliuerance of theÌ„ But the Sherife is to returne Quod def clamat aueria c. esse sua Ideo c. And vpon such Returne the other partie may sue out his writ de Proprietate probanda Vpon this writ de Proprietate prob ' the Sherife in his County Court and before the Coroners shall impannell a Iurie to enquire in praesentia partiuÌ„ if they will of the propertie of the Cattell or goods scz to whom the property of the same was at the time of the taking and if it bee found that the propertie was in the defendant the Plaintife shall be amerced by the Sherife in the Countie But if it be found that the Defendant had nothing in the Cattell or goods but that the propertie was in the Plaintife then if the Plaintife shall find Pledges de Prosequendo the Sherife shall attach the defendant ad respondend tam dom Regi de contemptu quam querenti de dampnis c. And the Defendant shall afterward be committed to prison by the Iustices there to remaine vntill hee hath paid a fine to the king for such his false claime but that punishment and fine shall be inflicted and set by the Iustices in Banco Also vpon the propertie found for the Plaintife as aforesaid the Sherife shall make deliuerie of the Cattell c. to the Plaintife Vpon this Writ the Iurie are onely to enquire to or in whom the propertie of the Cattell was at the time of the taking And here the verie title of the Cattell or goods shall bee giuen in euiuidence and tried before the Sherife And vpon this triall the partie may challenge the Iurie But this writ shal not be granted but onely where the Repleuin is sued by writ and not where it is onely by Plaint neither shall it be granted but vpon the Sherifs Returne c. Note that the Bailife or seruant may claime propertie for his Master one Defendant may claime propertie but an Estranger cannot claime propertie And although the Baylife or Seruant shall claime propertie for their Lord or Master yet the Sherife may make deliuerance of the Cattell notwithstanding such claime and may not safely returne such claime made by the seruant but if the right owner of the goods himselfe claimeth property then the Sherife may not make deliuerance but must returne Quod def clamat aueria c. vt supra Also before the enquirie of the propertie be made in the Countie Court the Sherife is to giue warning to the Defendant thereof that he may be present thereat if he will And the Sherife also must giue warning to the Plaintife to be there to giue in his euidence to the Iurie c. Mes nota que le triall del propertie enle Countie Court deu 't le Vic' per cel Briefe ne lier les parties c. Retorne de Proclam ' de Summons in Breue de Admeasurement Proclam Ad Com. meum tentum apud Castrum Cantabr ' in Comitat ' Cantabr ' infrascr ' tali die anno Et ad Comitat ' meum tent ' apud Castrum Cantabr ' in Com' C. praed tali die ann ' suprad proclamari feci omnia singula in Breui praed specificat ' prout mihi interius praecipitur The like returne of Proclamation may be made vpon the writ de Communi Custodia c. but that there must be three Proclamations c. Vide Retorne de Proclam ' de Summons Summons In Breife de Dower hic cap. 56. Sur Exigent cap. 59. In Briefe de Wast cap. 79. In Briefe de Mesne cap. 66. Retorne de Pone de Remouer Plee Pone Plegij de Prosequendo Ioh. Doo Rich. Roo Infranom ' I.S. attachiatus est per Plegios N.F. R.D. Or the partie may bee attached by his goods and then thus Infranom ' I.S. attachiatus est per vnum equum pretij xx s Infranom ' I.S. nihil habet in balliua mea per quod attachiari potest Nihil And note that the Pone is but a Summons scz a command to the Sherife to summon or prefixe a day to the parties Plaintife and Defendant that they appeare in Banco c. If it be in a writ of Right see what the Sherife must returne hic cap. 56. And if it be in a Repleuin the Sherife must returne the Plaint or Plea c. out of the Countie Court into the Common Banke and must returne the same vnder the seales of foure Suitors of that Court as followeth Virtute istius Breuis mihi directi posui coram Iustic ' Domini Regis de Banco apud Westmonaster ' Loquelam quae est in Com' meo per breue dicti domini Regis inter T.W. H. B. de auerijs ipsius T.W. capt ' iniustè detentis vt dicit ' prout patet in quadam schedul huic breui annex ' Or thus Virtute istius breuis in forma infrascr ' posui loquelam infrascr ' ad diem
Iustice 5 Also the Sherife or his Vndersherife is to attend the Iustices of Peace at their generall Sessions of the Peace and the Iustices there may fine him for their absence If the Custos Rotulorum or two Iustices of the Peace the one being of the Quorum shall make their precept to the Sherife to summon the Sessions at a certaine day and place c. the Sherife ought to performe this notwithstanding any Command from any other Iustices of Peace yet two other such Iustices may by their precept command the Sherife to summon another Sessions vpon the same day and at another place 6 The Sherife is to leuy the Iustices wages vpon the Iustices Estreats c. and is to pay the same to the Iustices See hic cap. 125. CHAP. 100. 101. He is to execute the Precepts of other Commissioners SHerifes are to execute all such Precepts and other commandements as shall come to them from any sixe or more Commissioners of Sewers Sewers as wel for returning Iuries before them as also for the execution of all other things contained within their Commission They are also to execute the Precepts of Commissioners of Bankrupts Bankrupts for the returning of Iuries before them for the preising c. of the lands and goods of the Bankrupts as also for the breaking open of their houses and seising of their bodies or goods therein hic cap. 94. They are to returne a Iury before Commissioners assigned to take an account Accompt c. vpon a Precept from the said Commissioners They are to execute the precepts of Commissioners for the Subsedy Subsidy for the distreining or arresting of persons indebted or otherwise for the execution of that Commission They are to returne Iuries for Enquirie before Escheators Escheators and to execute all other their lawfull Commandements They are to returne Iuries for Enquiry before Coroners Coroners vpon their Precept and must further execute all other Precepts and commandements lawfull of Coroners in all things pertaining to their Offices And it seemeth that all these former Commissioners and Officers may assesse a fine vpon the Sherife for not recurning of Iuries before them Also Sherifes must haue Counter-Rolls with the Coroners of all things belonging to the Office of the Coronâ—rs scz of Appeales Enquests Attachments Abiurations Vtlawries and other things Plus inde hic cap. 14. Clerke market Sherifes are to returne before the Clerke of the Market vpon his warrant Iuries to enquire of things belonging to the office of the Clerke of the market Sherifes being required are to ayde the Ordinary and Commissary for suppressing of Heresies called Lollardies Now concerning these Lollards the Statutes made against them are not only repealed but the persons so called were indeed true Christians But without the Kings speciall Writ the Sherife now may not cause any man to be burned for Heresie notwithstanding any warrant from the Bishop to him directed for such purpose CHAP. 102. Proclamation to be made by the Sherife EVery Sherife ought in person 4. times in euery yeare within euery his Hundreds to proclaime the statute of Winchester Winchester made against murthers robberies and felonies They also are to cause the same Statute to be proclaimed by their baylifes in all Fayres and market townes Sherifes hauing receiued the Kings Writ c. ought to proclaime foure times in the yeare all statutes made of Purueyors Purueyors They shall proclaime foure times in the yeare in euery market the statute made against vnlawfull games and for the maintenance of Archery But none of these three former statutes for the Proclamations are in vse now as it seemeth The rates of wages Wages of seruants and labourers c. sent to the Sherife from the Lord Chancellor or Iustices of Peace of the County the Sherife shall cause the same to be proclaimed in euery market towne and to be fixed vpon some post within the same towne c. Hawkes Hawkes lost and brought to the sherife he must proclaime the same in all good townes within his County The Summons Summons in real actions being made vpon the land shall be after proclaimed by the Sherife vpon a Sunday presently after Diuine seruice and sermon and at the most vsual Church doore of the Parish where the land lyeth fourteene dayes at the least before the day of the returne thereof and that proclamation so made shall be by him returned together with the names of the Summoners Vtlatic Vpon euery Exigent where a Writ of Proclamation is awarded c. before the Vtlary shall be pronounced or returned the Sherife to whom any such Writ of Proclamation shall be directed as to make three Proclamations at three seuerall dayes the one in the open County Court another at the generall quarter Sessions the third at the Church doore of the Parish where the defendant dwelleth and vpon a Sunday immediately after Diuine Seruice and Sermon and this third Proclamation is to bee made one moneth at the least before the Quinto Exactus And these Proclamations are to be made to this effect scz That the defendant yeeld his body to the Sherife so that the Sherife may haue the body at the day of the returne of the Exigent to answer to the Plaintife c. Vpon a Writ de Excom ' Capiendo Excom capieÌ„d if Non inuentus be returned then a Capias shall bee directed to the Sherife who thereupon is to make Proclamation in his County Court or at the the Assises or Sessions of the Peace tenne dayes at the least before the returne that the party within sixe dayes yeeld his body to the Gaole c. And such Processe and Proclamation shall bee made vntill the party yeeld himselfe Vpon Indictments Indictments or Appeales of persons dwelling in forreine Counties c. vpon the second Capias directed to the Sherife if he cannot finde the party then he shall make Proclamation in two County Courts that the perty appeare before the Iustices according to the said second Capias In cases of Riots Riots which cannot be found vpon the Enquiry of the Iustices of Peace they and the Sherif are to certifie into the Kings Bench c. and if the offenders doe not appeare there then vpon the second Capias if the offenders be not found the Sherife at his next County Court is to make Proclamation that the offenders appeare within 3. weekes c. Parlâ—ament The Sherife vpon the Kings Writ is to make Proclamation of the day and place of the Parliament c. hic cap. 92. Hee is also to make Proclamation That all that will be present to assesse the fees and wages of the Knights c. ibid. In a Writ of Admeasurement of Dower or Pasture the Sherife vpon the Grand distresse Grand distres must make Proclamation at two County Courts that the defendant appeare at the day c. to answer the Plaintife c.