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
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
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
Collection thereof ibidem Commorans in alio Comitat ' Infranom ' I.L. est Vic' Com. E. Et est commorans in dicto Comitatu E Et non est inuentus in Balliua mea De vendition ' exponas Baron ' infrascr ' certifico Quod illa centum Oues in hoc breue specific ' vendition ' exponere non potui eo quod adhuc remanet in manus infranom ' E.L. nuper Vic' Com' Cantabr ' nunquam mihi praefat ' nunc Vic ' adhuc per praefatum nuper Vic' deliber ' fuer ' A.B. Armig ' Vic ' Aliter Virtute istius breuis mihi directi de die in diem vendit ' exposui illa bona catalla ad valenc ' C.s. residuum de 8. li. quae nuper de bonis catallis terris tenement ' I.S. infranom ' cepi inde vendidi ad valenc ' 40 s Quos quidem 40 s ad dieÌ„ locum infracont ' parat ' habeo ad reddend ' c. prout interius mihi praecipitur Et residuum bonor ' catallor ' praed ' adhuc penes me remanent inuendit ' pro defectu emptorum CHAP. 84. The Sherifes Returne vpon a precept from Iustices of Peace to Enquire of a Riot or Forcible entrie c. VIrtute istius Praecepti mihi directi venire feci coram Iustic infrascriptis ad diem locum infracont 24. probos sufficientes legales homines de balliua mea prout interius mihi praecipitur Residuum executionis istius praecepti patet in quadam schedula huic warranto annex ' A.B. Armig ' Vic' Cantabr Nomina Iurator ' ad inquirend ' pro Domino Rege de quibusdam ill citis aggregationibus riottis Schedula c. apud Abb ' magna commissis Summon ' ad essend coram Iustic ' Domini Regis apud Linton in Comit ' praed ' tali die anno secund ' exigenc ' cuiusdam warranti huic schedulae annex ' And then vnderneath write downe the names of the twentie foure thus Et sic de caeteris ad uumerum 24. T.B. de Lynton R.B. de eadem I.P. de H. Quilibet Iurator ' praedict ' separatim per se attachiatus est per pleg ' Ioh. Doo Rich. Roo Exitus eorum cuiuslibet xx s A.B. Arm ' Vic' CHAP. 85. Returne of Iuries IVries are of two sorts scz for Enquiry or Triall For Enquiry For Inquirie the Sherife vpon the precept of the Iustices is to summon and to returne the grand Iuries to the Assises or Gaole deliuery and to the Quarter Sessions c. Hic ca. 46 47. Hee is likewise to summon and returne Iuries for Enquiry before the Iustices of peace at their priuate Sessions hic cap. 84. as also before other commissioners before Escheators Coroners and Clerks of the Markets vpon their seuerall Precepts directed to him for that purpose Hic Cap. 83. 100. Iuries for triall For Triall betweene party and partie the Sherife likewise vpon the Kings writ is to summon them and to returne the pannell of their names at the day and place in the Writ limited together with the Writ And for these Iuries for tryalls the Sherife ought to make their Pannels so as that the parties may haue Coppies thereof before their triall And these coppies of Pannells shal be indented and deliuered to the parties vpon demand before the sitting of the Iustices Baylifes of Liberties must returne to the Sherife the names of persons by them impannelled eight dayes before the Assises c. The Sherife is to summon warne or distreme all such persons as he mindeth to returne vpon any Iury either for enquiry or triall And if the Sherife shall returne any Iuror not lawfully summoned c. the Sherife is punishable So if the Sherife shall summon c. any Iuror and shall not returne him he is punishable None are to be put vpon any Iury but such onely as were summoned to the same at the first And yet Pannells returned before Iustices of Gaole deliuery or before Iustices of Peace in their open Sessions for Enquiry may be reformed by the Iustices And the Sherife ought to returne the Pannels so reformed And so of Pannels for tryall vpon a Tales de Circumstantibus granted by the Iustices c. Also Iurors aswell for Enquiry as fortriall shall be returned by the Sherife without any denomination of any person whatsoeuer other then the Sherifs sworne Officers c. And the High Sherife by his oath must make the Pannels himselfe Now what manner of persons Iurors for Tryalls shall be 1 First they must bee Probi Legales homines Probi scz such as are not discredited or disabled in their credits in law by attainder in conspiracie in atteynt Decies tantum periurie subornation of periury concealement or such like Legales scz such as are not vtlawed abiured condemned in a Praemunire or atteynted of treason or felony 2 They must be such as are neighbors sufficient not suspected nor labored 3. They must also be Liberi scz Freeholders Except where an Alien is a party there the one halfe of the Enquest shall be of Aliens though they haue no land or in some few other cases But the Sherife ought not to returne vpon any Iury any Baron of the Parliament Nor any of the Clergy though they haue Lay fee. Nor tenants in ancient Demesne except they haue other lands Nor Officers of the Forrest Nor any of the Coroners of the Countie Nor any of the Officers or seruants belonging to any Sherife Vndersherife Coroner Steward of Franchise or Gaoler Nor any person being aboue the age of lxx Nor any person decrepit Nor any persons diseased at the time of their Summons Nor any Enfant vnder the age of xxj Nor any person dwelling out of the County Nor any person hauing a Charter of Exemption if he shall shew the same to the Sherife Nor any Alien except where an Alien is party to the suite Nor any person which is of kindred to either partie Plaintife or defendant Nor he which is a seruant or hath a yearely fee of either party Nor he which is within the distresse of eithâ—â— party Nor he which maintaineth either party in the same suite Where a Peere of the Realme is party to the action there must bee two Knights at the least returned of the Iury. Also vpon triall of any issue the Sherife must returne in euery Pannell vpon the venire fac ' Sixe Hundredors scz Sixe sufficient persons of the Hundred where the land in controuersie lyeth or where the fact is supposed to be done The Sherife shall returne no Iuror without a true Addition Addition of his dwelling place or some other Addition by which he may be knowne And baylifes of Liberties shall deliuer vnto the Sherife vnder their hands the names of all such persons within their Liberty as are meete to be Iurors with the true addition of their dwelling place
and the Sherife must returne it accordingly Iurors for Enquiry ought also to be Probi Legales CHAP. 86. Iurors their number VPon euery Venire facias for the impannelling of a Iury the Sherife must returne 24. neither more nor lesse In a Writ of Attaint the Iury called the Grand Iury must be 24. And the Sherife must returne but so many Hic cap. 51. And in all other actions trialls or enquiries the Sherife vpon any Writ or precept directed to him for returning of a Iury hee is to impannell and returne xxiiij The Iury in a Writ of Right called the Grand Assise must be of foure Knights or of others in default of Knights summoned and returned by the Sherife which 4. Knights c. are to chuse a Iury of xij vnto them and so in all here must be xvj all which are to be summoned by the Sherife vpon a writ to him directed and their names to be returned At euery Gaole deliuery and Sessions of the Peace the Sherif is to return 24. Iurors for enquiry out of euery Hundred besides 24. for the body of the County hic cap. 46. 47. Vpon a Precept to the Sherife from Iustices of Peace out of their Sessions to return before them a Iury to inquire of any riot or forcible Entrie the Sherife must returne 24. But vpon issue ioyned vpon prescription of Common in a great wast lying in two Counties and a triall awarded de Vtroque Comitatu if in each Pannell twelue onely be returned it seemeâ—h to be good Iuries for enquirie in the Sherifes Turne shall be of twelue at the least And so in all Enquiries made or Inquisition takeÌ„ by the Sherife Escheator or other commissioner the same ought to be by 12. Iurors at the least And so of Trialls in the Countie Court by a Iusticies the same ought to be by twelue men Note that where seueral Indictments are preferred against diuers seueral prisoners the Sherife may returne one and the same Iurie two or three seuerall times to trie those prisoners so as the euidence against all the prisoners be deliuered all at one time No Sherife or other Officer shal take any reward or promise of reward for sparing not warning or not returning of any Iuror for triall of any issue sub poena 5. li. The Sherife is to adde and annex to his Pannell the names of such persons as shall bee impannelled vpon the Tales Note that there may be many Tales one after another till the Iurie be full as a Decem Tales Octo Tales c. Sex Tales c. But euery Tales must bee of a lesse number than the former And euery Tales must bee of fewer than the principall Pannell except in Indictments and Appeales that touch life And euery Tales must be of an euen number And they must bee others of the same sort that the principall Pannell were of Although the writ be Venire facias xij liberos legales homines yet if the Sherife shall returne the names of twelue onely he shall be amerced And if hee shall returne twenty three and twelue of them shall appeare and giue their verdict yet it is erronious CHAP. 87. The sufficiencie of Iurors BY a statute made 21. Ed. 1. and yet in force euery Iuror for triall of any matter within the county must haue in freehold per annum 40. s. Euery Iuror for triall of any matter out of their County must haue in freehold per annum at least v.li. Now it is to be obserued that forty s. in those dayes doth make at this present at the least six pounds of our money and therefore for the returning of more sufficient Iurors for trials by later Statutes it is now enacted that where formerly they ought to haue forty shillings per annum Now the Venire facias shall haue this clause Quorum quilibet habeat 4. li. per annuÌ„ ad minus And vpon such a Venire facias the Sherife shall returne no person vnlesse hee may spend 4. li. per annum of Freehold within the county and out of Antient Demesne And where that clause is left out of the Venire facias scz quorum quilibet habeat 4. li. there the Sherife may return such as haue any Freehold within the Countie where the Issue is to be tried But these last Statutes extends not to any Iurors to be returned in any citie or towne corporate or in Wales Againe no person shall passe in any Enquest touching life nor in any plea reall or personall whereof the debt or dammages declared amounts to fortie Markes except such person haue fortie shillings in land per annum so that they be challenged for that cause c. But where any Alien is a partie one half of the Enquest shall bee Aliens though they haue not 40 s per annum In writs of Attaint the Sherife is to returne vpon the graund Iurie more sufficient men scz if it be in plea of lands or for deeds concerning Lands of forty shillings per annum or in any Action personall of fortie pounds or more euerie of the grand Iurie must haue in freehold lands per annum twentie markes at the least See hic cap. 51. Euery Iuror returned before Iustices of Peace to enquire of any forcible Entrie c. must haue 40 s freehold ê‘ annum Euery Iuror returned before Iustices of Peace to enquire of any Riot c. must haue xx s free-hold ê‘ annum or in Copihold xxvj s viij d. per annum Vpon a Commission to enquire of the default of Iustices of Peace and Sherifes in not executing the Statutes made for suppressing of Riots such Iurors onely shall be returned as haue xx pounds ê‘ annum at the least Euery Iuror returned before Iustices of Peace to enquire of concealements of other Enquests must haue 40 s per annum Euery Iuror returned before Escheators or Commissioners to enquire of any lands must haue 40 s freehold ê‘ annum Euery Iuror impannelled in the Sherifes Turne must haue xx s. freehold ê‘ annum or in Copihold xxvj s. viij d For the sufficiencie of Iurors in Lancashiere Wales London and corporate townes See the Statutes Note that Tenant for life yeelding a rent with a clause of Reentry for Non payment is no sufficient freeholder to be sworne of a Iury his estate being so defeasible A Lease is made to B. for yeares the Remainder to C. in fee here C. may passe vpon a Iury for this freehold B. maketh a Lease for x. yeares absque aliquo reddendo here B. is a sufficient freeholder to passe vpon a Iury for his freehold remaining Plus hic cap. 92. Note that it is needfull for the Sherife to haue a booke conteining the names of all the Freeholders within his County and their sufficiencies that so he may not onely make the Pannells according to his oath but may also know their sufficiencie to be sureties or Pledges c. for others And besides if they returne any Iuror in
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
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.
And so vpon the Grand distresse in a Writ of Ward but here Proclamation must bee made at three Countie Courts In a Writ of Mesne the Sherife vpon the Grand distresse must make Proclamation at two County Courts that the Mesne appeare at the day contained in the Writ to acquite the tenant c. And the Sherife is to make returne of these Proclamations and how often the same haue beene made CHAP. 106. The Sherifes Courts First concerning the Sherifes Turne THis Court and power was committed to the Sherife for the gouernment of the Countie Tourne scz to enquire therein of all criminall and personall offences and to reforme al common Nusances c. done within the Countie Place This Court is to be holden by the Sherife in euerie Hundred within his Countie and that onely in the place accustomed Time It is to be holden twice a yere scz one moneth next after Easter within one moneth next after Michaelmas All persons of the age of xij yeares or aboue Suitors dwelling within the Hundred ought to come to this Court and there must be sworne to the Kings allegeance Except notwithstanding Barons Clergie-men and women Also except Tenants in Antient Demesne And except such as doe owe suit to the Leet of any other Lord. And yet where such Leets be neglected or seised into the Kings hands c. there the Resiants may be compelled to come to the Sherifes Turne After appearance of the Suitors Iury. first twelue or more sufficient freeholders dwelling within the Hundred shall be impanelled and sworne to enquire of and to present all things there inquirable And then as a second Iurie the High-Constables and pettie-Constables within that Hundred shall vpon Oath present the defaults committed within their seueral limits which presentment they shall make or deliuer to the first Iurie or to the Steward and then he deliuereth that to the Iurie The first Iurie must deliuer vp their verdict to the Steward But if there be any presentment of any Felonie that must be deliuered vp by it selfe to the Steward priuily These Indictments or Presentments shal be made by Indenture between the Sherife and the said Iurors wherof one part shall remaine with the Iurors vnder the hand and seale of the Sherife or Steward and the other part to remaine with the Steward and by him to be sent to the next Sessions of the Peace c. And yet such Presentments are good though they be neither indented nor sealed Those first Iurors ought to bee men of good name and to haue within the same Countie twentie shillings Free-hold per annum or twentie six shillings eight pence Copyhold per annum at the least Stat. CHAP. 107. THe stile of this Court must bee thus Vis Francipleg ' Domini Regis tent ' apud L. coram Vic ' in Torno suo c. And in this Court the Sherife is to enquire and to take presentment of these things following viz. of all Treasons at the Common Law Felonies by the Common Law except the death of a man Escapes of Felons or of other prisoners Persons abiured or Outlawes returning without Licence Treasure-Trone Waifes Estrayes and Wreckes of the Sea found and retained Franchises newly claimed or not vsed or abused Purprestures and Incrochments made vpon the Kings lands Franchises or vpon Highwayes c. And these may bee seised into the Kings hands in some cases and if it bee in land or buildings after the Purprestures found by Enquest and the value assessed it may be set at a yearely Rent to be answered to the King or it may be pulled downe See hic cap. 7. Common Nusances made in High-wayes and Riuers c. Common Trespasses as Affrayes Bloudsheds Pound-breaches c. Euill Members as Night-walkers Messengers for Theeues c. False Measures weights or double Measures c. Inne-holders and Hostlers selling Mans meat or Horse meat at vnreasonable prices And of all other things inquirable in a Court Leet if they be not formerly inquired of and redressed in the Leet This Court is a Court of Record In this Court the Sherife is Iudge And this Court is incident to the Office of the Sherife And the Sherife is to haue the profits thereof scz the amerciaments and fines CHAP. 108. ANd yet vpon Indictments or presentments taken in this Court the Sherife c. cannot make out any Processe against the Offendors nor attach arrest or imprison any Offendor nor assesse leuie or take any amerciament or fine of them without Proces or Estreats from the Iustices of peace sub poena C. li. But all such Indictments or Presentments the Sherife must first deliuer or send to the Iustices of peace at their next Sessions sub poena xl li. and the said Iustices are to award Processe against the Offendors and to arraigne trie and deliuer them and to fine them for Trespasses c. and then to estreat the fines and amerciaments to the vse and profit of the Sherife before whom the Indictment was taken which Estreat shall be deliuered by Indenture to the Sherife or his Officer to gather the same by CHAP. 109. The authoritie of the Sherife or of his Steward in the Turn at this day 1 They may take the examination of Felons Imprison and may commit them to the Gaole They may take presentments of Treasons and Felonies 2 Affrayors in their presence they may commit to ward They may bind such Offendors to the Peace by Recognisance 3 They may impose a reasonable Fine Fine vpon such as in their Court shall commit any other disturbance or contempt to this Court If a Suitor to this Court being present will not be sworne they may fine him and in prison him till the fine be payd Or they may amerce him and distreyne him for the amerciament If a Suitor maketh default of appearance he shall be amerced If a Sutor being sworne shal refuse to make presentment or shall depart without giuing vp their verdict the Sherife c. may set a reasonable fine vpon him If an Officer to this Court shall refuse or neglect to execute his Office they may fine him In this Court they may cause the High-Constables and petrie-Constables to be chosen and to be sworne and being chosen and present if they refuse to be sworne they may fine them Vpon a Bloudshed presented there the Sherife may see an amerciament or fine and the offender shall make his fine there Quaere Also vpon a Nusance presented the Offendors shall bee there amerced Quaere If a Purpresture be there presented the Sherife may reform or pull it down But for a Purpresture or for any Trespasse there presented the Iustices of Peace at their Sessions are to assesse the fines vpon the Offendors Vpon presentment of the Assise of Bread Beere or Ale broken by any Baker or Brewer they may punish the Offendor by the Pillorie Pillorie where the offence requireth it This is by a late
saue the high Sherife harmelesse are good Some thinke better of meete couenants made by Indentures betweene the sherife and his vndersherife especially with three or foure good Sureties all of them to couenant ioyntly and seuerally for performance of the couenants yet bonds to performe such couenants also will make the officers the more carefull The formes of such couenants and bonds see in my booke at large All and euery of the Sherifes officers before they intermeddle in their office shall take two oaths scz the oath to the Kings supremacy and the oath for the true exercise of their office Sub poena 40. li. The oath of there office see Statute 27. Eliz 12. for the forme thereof The substance of this oath is for the true speedie and indifferent returning of Writs and impanelling of Iuries without taking aboue the fees allowed If any of them shall commit or doe any thing contrarie to their said oaths or either of them they are punishable And these Oathes they must take before one of the Iudges of Assise or before the Custos Rotulorum or two Iustâ—ces of Peace the one beeing of the Quorum of the Countie where they are in such Office None of the Sherifes Officers shall be an Atturney in any of the Kings courts during the time their said office No Vnder-Sherife nor Sherifes Clerke shall abide in his Office aboue one yeare sub poena 200. li. No Vnder-sherife or Sherifes Baylife shall be in that Office againe within three yeares except in London and Bristoll c. Deputies The Vnder-sherife is the High-Sherifes generall Deputie and vseth the place in the right of the High-Sherife The Sherife also must make a Deputie of Record in euerie of the Kings Courts at Westminster Hic cap. 2. He must also make Deputies in his Countie to make Repleuins foure at the least not dwelling aboue twelue miles one from another which Deputies may in the Sherifes name make Repleuies c. in such manner as the Sherife himselfe may doe Ibid. The Sherife shall be amerced for the defaults of his Vndersherife CHAP. 120. Baylifes of Hundreds THese also are to be appointed by the High-sherife and are chiefely to execute writs to summon the Assises and Sessions and the like The Sherife must appoint such for whom he will answer These Baylifes would be such as do know each mans person and land in their Hundred and their abilitie to serue vpon Iuries that so they may the better summon them to appeare c. when they shall be appoynted They ought to haue sufficient lands in the same Countie They ought to be knowne men true and credible persons They must bee sworne in the full Countie scz to the Supremacie and for the due execution of their Office sub poena 40. li. They may not let their Office to any other The execution of all Writs ought to be done by them And yet speciall Baylifes are now vsually allowed to serue Processe and are not sworne as the other But no Distresse shall be taken but by a Baylife knowne and sworne These Baylifes of Hundreds ought to attend the Iudges and the Iustices of peace at euerie their Sessions And are also to execute all Precepts Warrants directed to them from the sayd Iudges or Iustices for the administration of Iustice Note that it is parcell of the Sherifes Oath to take no Baylifes but such as be true men of sufficient estate and such as he will answer for and that they take the oath for the due execution of their Office No e also that it is parcel of the Sherifes Oath not to let to farme his Sherifewicke nor any of his Bayliwickes c. And therefore their granting of their Off ce of Vnder-sherifewicke with the Fees profits Courts Perquisits and other Commodities to the Office belonging seemeth to bee both against the Statute and against their Oath for such Officers as the Sherife putteth in ought to be but as his vnder Officers and seruants and ought not to doe or take any thing but as seruants to the Sherife and in his onely right See hic cap. 3. CHAP. 121. Baylifes of Franchises or Liberties THese are such as be appointed by Lords within their Liberties to do such offices within the precinct of such Liberties as the Baylifes of Hundreds doe within the Countie or Hundred and a principall part of their Office consisteth in the due executing of all Precepts directed to them from the Sherife and in their due returning thereof to the Sherife These Baylifes also before they meddle c. must take the Oaths to the Supremacie and for the due exercising of their Office These Baylifes of Liberties which haue returne of Writs cannot arrest a man without a warrant first made to them by the Sherife by force of the Kings Writ in the Sherifes hands These Baylifes hauing receiued the Sherifes Warrant when that they haue executed the same they must make their returne thereof to the Sherife vnder their hands c. by Indenture and the Sherife may not alter the same If a Baylife of a Franchise shall arrest one by a Warrant vpon a Capias to him directed from the Sherife yet the Obligation taken for the appearance of the partie must bee made to the Sherife and taken by the Baylife in the Sherifes name But they may baile such persons being in their custodie as Sherifes may and may take the like Obligations for the appearance of the partie by them to be bayled No Steward Baylife or Minister of Lords of Franchises which haue return of Writs shall be an Atturney in any any Plea within the same Franchise Baylifes of Liberties shall take such fees as the Statutes do allow the Sherife and their Officers These Baylifes shall bee attendant vpon the Iudges of Assise c. and Iustices of Peace at euerie of their Sessions And shall execute all Warrants directed to them from the said Iudges or Iustices for ministration of Iustice within their Libertie They must haue sufficient lands within the Countie They shall be punished for insufficient returnes of Writs made by them and yet when they haue executed their Precept directed to them from the sherife they are to make their returne thereof onely to the Sherife and not into the Court. The King shall haue all Fines amerciaments Issues and Forfeitures lost by any Officers of Franchises CHAP. 123. BAylifes of Liberties and Gaolers Gaolers must certifie the names of euery prisoner in their custody for felonie at euery generall Gaole deliuery in that County or Franchise The Sherife shall haue the keeping charge and rule of the common Gaole and of the prisoners therein and must put in such Keepers for whom he will answer If the Gaoler shall suffer a felon to escape voluntarily the Sherife or Gaoler may be indited of felony for the the same and if it were by negligence they are fineable If the Gaoler shall suffer a prisoner to escape which is in prison vpon
the King he is accomptable or chargeable for the same Yet Sherifes shall not be accomptable but onely for their owne times Quaere Euery Sherife by himselfe his atturny or deputy shall bee sworne at his day of prefixion to bring and deliuer into the Eschequer Rolls of parchment of all such particular sums of money which he hath or might haue leuyed making mention of what person of what lands and for what cause any of the said summes be If the Sherâ—fe or his Officers shall gather the Kings rents or shall leuy the Kings debts or other duties and shall not accompt for the same in the Eschequer the Sher fe is liable both to the King and to the action of the partie grieued besides the danger of his oath If the Sherife shall seise the goods of one that is outlawed or for any other cause and shall not vpon his account answer the King for the same hee is chargeable both to the King and party c. For note that the Sherife in an action of trespasse c. brought against him by the owner of those goods must plead that he hath accounted for them Note also that the High Sherife is accomptable to the King for all things belonging to the office of the Sherife and the Vndersherife is accomptable to the High Sherife The manner of the Sherifes account see in Master Wilkinson of the office of Sherifes fol. 36. 37. For the ordinary charges of the passing of their accompt See ibid. fol. 38. 39. 40. 41. None of the Sherifes of the Counties of Surrey and Sussex Essex and Hereford Sommerset and Dorset Warwicke and Leicester Nottingham and Derby or Oxford and Berksh besometimes ioyned shall pay in any Court of Record for any duely belonging properly to the Office of a Sherife any orher fees or charges than only the one halfe of the charges and fees which he should haue paid if hee had beene Sherife of two of the said shires as formerly was vsed And their charges and rewards c. shall bee diuided By the Statute of 5. R. 2. cap. 11. the accompts in the Eschequer shall bee more speedily heard made and ingrossed than they were woont c. Before the Sherife come to his accompt or Opposals before the forreine Opposer let him be carefull fully and truely to learne which are good debts and which are not and which are within Liberties and which are not For with the forrein Opposer the Sherife must either Tot Nihil or set ouer into Liberties all the debts sums of mony conâ—eined in the summons of the greene waxe and in the Extracts of the peace of the County where he was sherife and therefore hauing first learned which be good debts and which not and which be within Liberties and which not he may make his booke of all his charge accordingly What allowances they shall haue vpon their Account All Sherifes shall haue such tailes of Reward and other allowances as they haue heretofore had Also they shall bee discharged vpon their accounts in the Eschequer vpon oath of such summes of money which they cannot leuy See the Statute 2. 3. Ed. 6. cap. 4. Sherifes shall haue allowance by there oath of the issues of their Countie They shall haue allowance vpon their accounts by their oaths of things casuall but not of such things as remaine in yearly farmes or yearely demands If an accountaÌ„t being Nichilled will sweare that hee oweth nothing to the King he shall be therupon discharged Statute 5. R. 2. cap. 13. Sherifes vpon petition and bills brought in vpon oath shall haue allowance for their charges and expences which they sustaine by the Dyet of the Iustices of Assise and other meanes c. Sherifes also shal haue allowance for their charges or wages of the Iustices of Peace at their quarter Sessions but the Sherifes allowance herein is but foure shillings a day a peece for eight Iustices Note that all fines amerciaments issues forfeitures and penalties whatsoeuer arising before the Iustices of peace at their Sessions are to be estreated by the Clarke of the Peace out of the records of the Iustices and to bee indented by him and then to bee deliuered one part to the Sherife to leuy the same thereby and the other part to bee certified to the Barons of the Exchequer And the Sherife is accountable for the same in the Exchequer vpon those estreats so certified into the Exchequer and so in many places the Sherife payes them to the King and neuer hath them againe nor any allowance saue onely foure shillings a day a peece for eight Iustices vt supra and the surplusage is in many Counties pursed vp by the Clarkes of the peace who receiues all the fines and thereout payeth or might pay the Iustices wages and then deliuer the resident the Sherife and should make his estreats accordingly The course of the Eschequer is said to be thus scz that so soone as a sherife hath entred into his account for issues amerciaments or meane profits for intrusions and alienations without licence to marke vpon his head O Ni which is asmuch as Oneratur Nisi habeat sufficientem exonerationem c. and presently the sherife is thereby become the Kings debtor and a debet set vpon his head And so soone as the sherife is become the Kings debtor of record vt supra the other parties are also presently become debtors to the sherife And the sherife in that case shall cause the debt to be leuied against those particular persons by a Constat But where the King by Parliament shal pardon all Issues Amerciaments and Intrusions c. if the Sherife after such pardon shall enter into his account without taking aduantage of the Pardon here the Sherife is chargeable to the King by his owne follie and the particular persons are at libertie and shall haue aduantage of the Pardon c. Amongst other things it is behoofefull for Sherifes and Vnder-Sherifes vpon the making of their accounts to haue a speciall care of their Totting Nichilling scz What they Tott or charge and what they Nichil or discharge and that they charge or discharge men orderly honestly and with vnderstanding for what they Tott or charge though it can neâ—er be leuied yet it will hardly bee auoyded but it must be paid and if it be Nichilled if it be Issues of Iurors though they bee neuer so bad and cannot be leuied betweene the old Sherife which returned them and the new Sherife which Nichilled them they must be paid though it be seuen yeares after if there come no pardon in the meane time The Sherifes discharge Where they shall be discharged vpon their accompt and oath of such summes as they can not leuy See antea Sherifes hauing here Quietus est they their heires executors and administrators and their lands tenements goods and chattells shall be absolutely discharged of their accompts scz of all manner of summe or summes of money which they shall
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
demeanings in making of Pannels other vntrue returnes or for taking of bribes or vndue fees c. 3. H. 7. cap. 1. Also Sherifes in diuers of these and other cases shall not onely be fined or amerced but also shall be liable to the action of the parties grieued for things misdone or not done by them or by their Officers for which in part I referre you to my booke at large Solo Deo gloria Minimis Deus Magnus FINIS A Table of the Contents of euery Chapter Sherifes THeir Name Antiquity and Charge Cap. 1 What they must first doe scz 1 Enter Recognisances Cap. 2. 2 Procure their Patents Cap. 2. 3 Take their oathes Cap. 2. 4 Take from the old Sherife all prisoners and Writs by Indenture Cap. 2. 5 In full County must reade his Patents and name his Deputies Cap. 2. Must not be aboue one yeare Cap. 3. Nor be againe within three yeares Cap. 3. Must bee resident in their Countie Cap. 3. Must not let their Office Cap. 3. Their power out of their County Cap. 3. Their authority absolute Cap. 4 Their authority Ministeriall Cap. 5 Their Ministeriall Office 1 To keepe the Kings Rights scz His Lands Cap. 6 His Franchises Cap. 7 His Suits Cap. 8 His Rents Cap. 9 2 To gather for the King His debts Cap. 10 His issues Cap. 11 His amerciaments Cap. 12 His Fynes Cap. 13 3 To seise for the King the lands and goods of Felons Cap. 14 Goods wayued of Outlawes c. Cap. 15 Treasure Troue c. Cap. 16 The profits of the lands of Wards Cap. 17 Escheats Cap. 18 Ideots Cap. 19 4 To execute all Proces Cap. 20 By himselfe or his Officers Cap. 21 Where he is to take notice of the Law Cap. 21 What persons may not be arrested Cap. 21.29 The Officers duty therein Cap. 22 Warrants vpon meane Proces Cap. 23 How he shall make execution vpon a Statute Merchant Cap. 24 Execution vpon a Statute Staple Cap. 25 What lands be extendable Cap. 26 Execution vpon a Recogn Cap. 27 Vpon an Elegit Cap. 28 Vpon a Capias ad Satisfac ' Cap. 29 Vpon a Leuari fac ' ib. Vpon a Fieri fac ' Cap. 30 How he is to execute Proces scz Summons Cap. 31 Attachment Cap. 32 Capias ad respond ' Cap. 33 Venire facias Cap. 34 Distringas Cap. 35 5 To returne all Writs and the formes thereof Cap. 36 Punished for his returne Cap. 37 Making no returne Cap. 38 Returnes Mandaui balliuo c. Cap. 39.53 Where the Sherife may enter the Franchise Cap. 40 Returne of Writs More concerning the forme Cap. 41.45 Auerment against it Cap. 42 Where of the force of an Inditement Cap. 43 Concludes not the new Sherife Cap. 44 Where the Sherife is a party ibid. Returne of particular Writs c. Summons of the Assises Cap. 46 Summons of the Sessions Cap. 47 Accedas ad Curiam Cap. 48 Admeasurement Cap. 49 Annuity Cap. 50 Assise de nouel diss ibid. Atteynt Cap. 51 Attachment Cap. 52 Capias ad respond ' Cap. 53 Capias ad satisfac ' Cap. 54 Capias vtlagatum ibid. Capias ad valentiam Cap. 55 Couenant ibid. Certiorare Cap. 81 Corpus cum causa Cap. 63 Debt Cap. 56 Detinue ibid. Distring ' Le defend ' 56 Iurat ' Cap. 78 Dower Cap. 56 Droit ibid. Aetate probanda Cap. 57 Eiectione firmae ibid. Elegendi milit ' Parliamenti Cap. 66 Elegit Cap. 58 Estreapement ibid. Extent sur Recogn ' c. ibid. Exigent Cap. 59 Falso Iudicio Cap. 60 Fieri Facias Cap. 61 Formedon ibid. Garrantie de Charters Cap. 62 Gard. ibid. Grand Cape ibid. Grand Distresse Cap. 35 Habeas Corpus Cap. 63 Habere fac ' seisinam Cap. 56. 63 Habere fac ' visum Cap. 56. 63 Homine Repleg ' Cap. 63 Inquisitions and their forme Cap. 58. 64 Inquirend ' de Dampnis Cap. 56.77 Leuari facias Cap. 65 Libertate ibid. Lattitat ibid. Mesne Cap. 66 Milit ' Parliam Elig ' Cap. 66 Partitione Cap. 68 Praemunire Cap. 69 Praecipe quod reddat Cap. 70 Proprietate probanda Cap. 70 Proclam ' de Summons ibid. Pone ibid. Quare Impedit Cap. 71 Recordare fac ' Loquel ' Cap. 72 Redisseisin Cap. 93 Repleuin Cap. 73 Sur Retorno habend ' ibid. Scire facias Cap. 75 Secunda superoneratione Cap. 76 Trespasse Cap. 77 Venditione exponas Cap. 82. 61 Venire facias Cap. 78 Habeas corpus Iurat ' Cap. 78 Distring ' Iurator ' ibid. Waste Cap. 79 Withernam Cap. 80 Returnes al Chancery Cap. 81 Al Eschequer Cap. 82 Before Iustices of Peace Cap. 84 Returne of Iuries Cap. 85 Iurors their number Cap. 86 Their sufficiencie Cap. 87 Returne of issues Vpon the tenant or defendant Cap. 89 Vpon Iurors Cap. 90 What lands lyable thereto Cap. 91 Knights for the Parliament their chusing and returne Cap. 92 Where the Sherife c. may breake open an house c. Cap. 94 Where the Sherife c. may take Posse Comitatus Cap. 95 Baylement of Prisoners by the Sherife Cap. 96 Forme of such their bond Cap. 97 Their attendance vpon the Iudges of Assise Cap. 98 They must assist Iustices of Peace Cap. 99 They are to execute the precepts of others Cap. 100 Proclam ' to bee made by them Cap. 102 Their Courts scz Their Tourne Cap. 106 Things inquired there Cap. 107 Their Indictments must be deliuered to the Iustices Cap. 1â— Their authority in their Turne at tâ— day Cap. 1â— The County Court Cap. 11â— Appeales sued there Cap. 11â— Their Proces and proceedings therâ— Cap. 11 Writs of Iusticies and their proceeding thereupon Cap. 11â— The Sherifes authority in making Repleuies Cap. 114 The authority of the County Court c Cap. 115 Knights of the Parliament Coroners and Verderers to be chosen there Cap. 116 Iudgement vpon Vtlawries to bee pronounced there ibid. Proclamations to be made there ibid. The Sherifes Officers Cap. 117. c. Baylifes of Hundreds Cap. 120 Baylifes of Franchises Cap. 121 Gaolers Cap. 123 Sherifes their fees Cap. 124 Their Accompt Cap. 125 Their dangers Cap. 129 FINIS