King by Attainder Escheat and alienation in Mortmaine The meane profits of lands for intrusions and alienations without License But in most cases for Lands or Tenements or the profits thereof there must first be an office found for the King viz. an enquirie must bee made by twelue men vpon their oath to finde the Kings title and the certainty what Lands or Tenements they be and the yearely value thereof before the Officer may seise them And yet in these cases following the Sherife or the Escheator may ex officio as it seemeth and without any Office found seise the same scz In cases where any are attainted during their liues of high Treason and here they shal forfeit all their lands and hereditaments in fee simple or fee taile So where the Kings Tenant in fee simple is attainted of pettie Treason or of Felonie and is put to death or dieth of himselfe the Kings Officer may seise the same for here a possession in Law vesteth in the King And in these cases the King shall haue the forfeiture of their lands from the time of the offence Also where a possession in Law of lands c. is cast vpon the King by discent Reuerter Remainder or Escheat vt supra So in cases of Wardship and Primer seisin or during the vacancie of a Bishopricke In which three last cases the possession in law of a Chattell is vested in the King But in other cases the Officer may not seise any lands or Tenements nor the profits thereof without an office found for the King or other matter of Record and Processe scz a Scire facias made out against the parties and retorned c. As where the King is entituled to enter for a Condition broken or for Mortmaine or for alienation without licence So in case where the King is intituled to seise the temporalties of a Bishop for a contempt So in Cases of Ideocie Lunicie and the like So where the King is to haue Annum diem vastum of the lands of persons attainted Also where an Office is found which doth not intitle the king to the possession by Entry but onely dy action there the Officer must first haue processe or other warrant for to seise the land c. As where it is found by an Office That the Kings Tenant for life or yeares hath done wast Or that his Tenant in fee simple hath cessed by two yeares Or that his tenant in fee hath made a feoffment by collusion contrary to thâ—â—â—tute of Marlebridge â—ote where the Office is found before the Escheator there the Escheator is chargeable vpon his accompt But of lands whereof the Office is found before Commissioners there the sherife shall be charged And yet neither of them shall bee charged but where there is an Office found or that they shall meddle ex officio c. And where there is an Office found they shall be charged onely according to the yearely value found by the Office And therefore in all these former cases where the Sherife shall seise any lands or tenements or the profits therof it is safest for the sherife that there be an Office first found thereof or at least for him to haue the kings writ other warrant of law so to doe But the Escheator is more specially appointed for the finding out of the Kings title to Lands Tenements and or other things CHAP. 7. Franchises A Franchise is a Royall priuiledge in the hands of a subiect And such are euery Libertie or commodity which of their owne natures are appertaining to the King and are deriued from the Crowne and by the speciall gift or grant of the king are come to a common person or subiect Of these some are more Royall as authority to pardon Treason Felony Vtlary c. Or to make Iustices the like which none can doe but the King 27. H. 8. cap. 24. Some are lesse Royall as Conusance of Pleas Chases Parks Warrens Fayres Markets Toll Courts Leets or Hundreds Wayfes Estrayes Wreckes Catalla felonum fugitiuorum vtlagatorum the correction of the Assises of bread and Ale Pillory tumbrell and the like these a subiect may haue Now if any man doe hold or vse any of these last sort of Franchises without or contrary to the kings grant or lawfull Prescription it seemes to be enquirable in the sherifes Tourne as a Purprestor Againe as it is parcell of the Sherifes oath to keepe the Kings Franchises so the Sherife may seise to the Kings vse ex Officio many of these things as namely wayfes estrayes wreckes and felons and vtlaws goods c. except where some other person hath the same by Charter or by Prescription Note in the former cases Capite precedente the king is to haue seisin or possession of the lands themselues So as the King may let them c. But where the king is not to haue seisin of the land it selfe but is onely intituled to the profits of the lands there the sherife ex Officio and without any office found may seise to the Kings vse the profits of such lands As the lands of a Clarke conuict of felonie Also the profits of the lands of persons outlawed in a personall action the Sherife or Escheator may seise ex offiico See hic Cap. 15. what the Officer may seise doe or take in the name of the profits of lands Also goods Goods and chattels of felons fugitiues and the like the sherife may seise ex officio And yet dicitur that the Escheator is rather and more vsually accomptable for these And that the Sherife is not acccomptable or chargeable for these saue in a grosse summe for the forme of the profits of the County See plus hic cap. 14 125. And note that no subiect can haue these things scz bona seu catalla felonum fugitiuorum vtlagatorum but by Charter and not by Prescription Also Franchises or Liberties seised into the kings hands vpon iudgement giuen in a Quo warranto the sherife shall answer the profits thereof to the kings vse But the Sherife must first haue a writ or precept directed to him for the seising of diuers Franchises before he may seise them for that there bee diuers Franchises which may not be seised but at the Kings suit in a Quo warranto which writ is to try the validitie of the Franchise c. as Conuzance of Plees correction of the Assises of bread Leets Hundreds Fayres Markets and the like CHAP. 8. Suits IT is parcell of the Sherifes Oath truly to keepe the kings suits Now Suite is a seruice which a man ought to do by reason of his land and tenure to performe this he ought to go to the Court of the king or of some other there to doe that which appertaineth to the nature of his suite And both the Sherifes Courts scz his Torne and Countie Court seeme also to be both of them the Kings Courts by reason that the suite belonging to them both
of the Franchise c. Et e Conuerso Also in a Praecipe quod reddat of land within a Franchise the Sherife must first take of the Plaintife Pledges de prosequendo and then hee shall make his Mandauit to the Baylife of the Franchise c. who is to execute the rest And yet in an Assise brought of land within a Franchise the Sherife may retorne the whole Pannell and it shall be good Yea in all cases wheresoeuer the retorne or execution of the writ pertaineth to the baylife of a Liberty although the Sherife may more safely enter the Liberty and execute the writ cum warrantum habuerit scz vpon a Non omittas yet if the Sherife doth it himselfe without a Non omittas it is good But the Lord of the liberty may haue his action against the Sherife for the same The Sherife retorneth Mandaui balliuo Libertatis c. qui nullum dedit responsum or retornes that the baylife will not make deliuerance c. vpon a Repleuin Alias or Pluries these are no good retornes for the sherife in such cases ought himselfe to haue entred the Franchise and made deliuerance yet it seemeth safest for the Sherife to haue a writ with a Non omittas c. before hee enter the Franchise in these cases and the like CHAP. 40. Where the Sherife may enter the Franchise without a Non Omittas 1. VVHeresoeuer the king is a party no Franchise shall be allowed and therefore in euery writ for the king or where the king is any wayes a party the Sherife himselfe or his Officer are to enter the Franchise and to execute the proces for none are to serue the Kings Proces but his owne ministers 2. Wheresoeuer the Sherife is a Iudge of the cause he is to enter the Franchise and to execute the writ himselfe Hic cap. 39. 3 Where the Baylife of the Libertie is partie to the suit he shal not make the Pannell or returne the Iurie but the Sherife ought to enter the Libertie and to pannel the array And so where a Capias or Fieri facias commeth to the Sherife against the Baylife the Sherife must enter the Libertie execute the Writ 4 So where beasts are taken within a Libertie and wrongfully withholden and the Baylife of the Liberty will not deliuer them vpon the Sherifs Warrant there vpon complaint the Sherife ought presently to enter the Franchise and to make deliuerance c. 5 So in a Plea of Withernam in the Countie by plaint before the Sherife if the Baylife of the Franchise wil doe nothing vpon the Sherifes Precept the Sherife may enter the Franchise without a Non omittas Et hoc Vicecomiti ex necessitate conceditur Tamen quaere these two last cases for by some opinions the Sherife may not there safely enter without a Non omittas 6. Also vpon an Extent of a Statute Merchant it seemeth the Sherife is to enter the Franchise and to execute the writ himselfe and may not retorne Mandaui balliuo Libertatis c. Baylife of Fee Where there is a Baylife of Fee the Sherife shall send his precept to him as to the baylife of Guildable and shall not retorne Mandaui balliuo c. but the Sherife shall make the retorne of the writ as if himselfe had serued it CHAP. 41. ALl Processe directed to the Sherife ought to bee retorned into such Court out of which such Processe shall be awarded And the Sherife as also the baylifes of Liberties â—ught to set the Names scz both their Christian name Sirname to euery Retorne by them made so that the Court may know of whom they tooke such Retornes and for default thereof they shall be grieuously amerced yea without the Sherifes name the retorne is void Vpon the retorne of euery writ the Sherife besides his setting his name thereto must also subscribe or adde this word vicecomes And these Retornes made by the Sherife together with the Name of the Sherife and of his Office c. are to be indorced on the backe of the writ And yet if it be made or done on the inner side of the writ it is good CHAP. 42. Auerment against the Sherifs Retorne FOrasmuch as the Sherife is an Officer deputed by the Law to the King and his Courts a man shall not be allowed to Auerre directly against the Retorne of the Sherife except it be in some speciall cases and the reason is for that where Iustice is to be administred and executed the King and such as are his Iudges and vnder him are to administer Iustice must necessarily put a trust and confidence in some person and if euery man might auerre against that which the Sherife shall doe then Iustice should neuer bee executed but should euer or oftentimes be delayed c. And yet on the contrary for that Sherifes and their Officers haue oftentimes beene found faulty of their parts in making false Retornes to the Kings writs c. the which may arise in part by corruption and in part through their negligence and remisnesse and also for that such false retornes were and are oftentimes very mischieuous to the Kings subiects therefore the Statutes and Lawes of this Realm haue in some cases allowed men to auerre against the Sherifes Retorne See the Statutes of Westm 2. cap. 39. 1. E. 3. cap. 5. And therefore the Plaintife may auerre that the Sherife might haue retorned greater issues vpon the defendant A man may auerre in diuers cases him to be aliue whom the Sherif hath retorned Mortuus Vpon a Rescous retorned the party may trauerse the Retorne Vtlary retorned in case of Felonie the party may auerre that hee yeelded his body at the 5. County Vpon the ExigeÌ„t the Sherife retorned the party but 4. Exactus the other may auerre that he was vtlawed But where the Sherife retorneth one vtlawed the party cannot auerre that that he was proclaymed but at 3. or 4. Counties Also in cases where the Sherife is a Iudge there the partie may not auerre against the Sherifes retorne as in writs of Redisseisin or to enquire of wast c. But otherwise where a mans inheritance or the effect of his suit shall bee lost or his person charged as also in fauour of life the Sherifes retorne is trauerseable In other cases if the Sherife maketh a false retorne and that the party cannot trauerse it yet he may haue his action against the Sherife c. CHAP. 43. The Sherifes Retorne in some cases shall be of the force of an Indictment ALthough by the Statutes made Anno 9. H. 3. cap. 29. and 25. E. 3. cap. 4. No man shall bee imprisoned nor condemned by suggestion c. without lawfull presentment and therefore the sherifes retorne of an Escape or of an Rescous made to him of one arrested by him for felony albeit that such his retorne be a matter of record yet it is not sufficient to force such as made the Escape or the
Distringas The retorne may be thus Infranomin ' I. S. Nihil habet in terris tenementis haeredit ' infrascript ' per quod ipsum Distringere possum Or thus Nihil habet per quod potest Distring ' Vpon a Fieri Facias The retorne may be thus Infranomin ' I. S. Miles nulla habet bona seu catalla terras aut tenementa in balliua mea vnde denarios infraspecific ' fieâ—i facere possum prout interius mihi pracipitur Vpon a Scire facias The retorne may be thus Infranominat ' I. S Nihil habet in balliua mea ê‘ quod ei Scire facere possum Neque est inuentus in eadem A. B. Ar. Vicecom Now if there be two defendants or tenants then the retorne may be thus Infranominat I. S. I. D. Nihil habent nec eorum alter aliquid habet in balliua mea per quod summoniri or Attachiari c. possunt And if there be more then two defendants c you must then name but one of them and say further Et ceteri defend infranominati Nihil habent nec eorum alter aliquid habet in balliua mea c. vt supra And yet these two last retornes of Nihil habent where there be two or more defendants are good enough without saying Nec eoram alter c. Or if the Sherife will not make Execution of the writ but will delay the same Then they will doe it after one of these two sorts following Responsio A. B. vicecom Com. infrascript 1. Infranomin I.S. non inuenit mihi Plegios de prosequendo Ideo nihil feci c. Or 2 Istud brene mihi deliberat ' fuit adeo tarde quod illud exequi non potuâ— propter breuitatem temporis And note that in euery writ which hath therein this clause Si A. fecerit te securam de clamore suo prosequendo tunc c. There if the Plaintife shall not finde sureties to the Sherife that he will prosecute the suite the Sherife for default of the Plaintife therein needs not to execute the writ but may retorne as aforesaid Non inuenit mihi Plegios c. But let the Sheife beware that these or other his retornes bee true for as they are dilatory and mischieuous to the Plaintife so are they dangerous to the Sherife being not onely a breach of his oath but also he is subiect to be amerced by the Court and besides to be sued by the party grieued for such his false retorne Now concerning Pledges pledges or Sureties which are to be found either by the Plaintife to prosecure his suite or by the defendant or tenant to appeare and answer c. you must obserue these rules following 1. First the Sherife ought to retorne none for Pledges but onely such as consent thereto 2. Such Pledges should bee of persons which be able and sufficient as well in their Estate as in Law And therefore if they be poore in estate it is at the Sherifes perill So if they be persons within age or women Couert or persons outlawed c. 3. Also there should be at least two Pledges 4. But at this day for the Pledges de prosequendo it is but matter of forme and the vse is to retorne Common Pledges in most cases scz Ioh. Doo Rich Roo And yet in a Repleuin before that the Sherife or his Officers shall make any deliuerance of any distresse or cattell taken and deteyned they are to take sufficient Pledges or Sureties of the owner of the cattell c. Tam de prosequendo quam de Returno habendo c. Or else the Sherife may be charged for the price of the cattell c. if Retorne be awarded Plus hic postea cap. 114. 5. And as for the Pledges which the defendant findeth or is attached by to appeare and answer they are not to be bound in any summe nor shall enter any bond to the Sherife for the appearance but onely to giue their words for the parties appearance and if the party summoned or attached by Pledges to come and answer c. doth not appeare but maketh default his Pledges shall be amerced to the King by the Court. 6. Note further that some persons are to finde no Pledges de prosequendo First the King nor Queene in regard of their Dignity and Prerogatiue are to finde none Neither shall an infant finde any Pledges A poore man in stead of Sureties shall onely giue his Fayth to prosecute his suite and the forme of the writ for him is accordingly 7. Againe these Pledges de prosequendo may be found either to or before the Sherife or in the Chancerie where the writ is sued out or in a Court where the writ is retorned or at the Assises 8. Also these Pledges not Mainpernors or Manucaptors neede not to haue any Addition but their Names of Baptisme and Sirname sufficeth to be set downe in the Sherifes retorne 9. Also in some writs the Plaintife shall finde no Pledges de prosequendo as in a Per quae Seruitia Quid Iuris Clamat Scire facias 10. Nor where the Sherife retorneth any for Pledges they shall not be receiued to say they were not Pledges c. contrary to the Sherifes retorne But yet if they be endammaged thereby they may haue their action against the Sherife for the same and shall recouer asmuch as they shall bee indammaged In these writs following amongst other Plegij de prosequendo must be Retorned Accompt Annuity Assise de nouel disseisin Assise de Nusans Atteynt Ayel Besayell Cessauit Contra formam Collat. Contributione Conspiracy Couenant Cosinage Cui in vita Curia claudenda Customes seruices Dare in praesentment Debt Detinue Disceit Dower vnde Nihil habet Dum fuit infra aetatem Dum non fuit Compos mentis Eiectione firmae Entree in le quibus Entree ad term qui preterijt Entree in casu prouiso Entree in consimili casu Entree ad Communem Legem Escheate Eiectione custodiae Entrusion de Gard. Falso iudicio Formedon Forcible Entree Forfeit de Mariage Homine Replegiando Intrusion Iuris vtrum Mesne Moderata misericordia Monstrauerunt Mortdauncâ—stâ—r Nuper obijt Nusans Particione facienda Parco fracto Pone Quare impedit Quare incumbrauit Quare eiecit infra Terminum Quod permittat Quo iure Rationabili parte bonorum Reparatione facienda Rescoâ—â— Secta ad Molendinum Second Deliuerance Sine assensu Capituli Trespasse Trespasse sur le Case Valere maritagij Waste Warrantia Chartae CHAP. 46. The Summons of the Assises VPon this Precept from the Iudges of Assise and Gaole deliuery the Sherife must make his warrant to euery baylife of Liberties and Hundreds within his County which warrants must conteine the whole substance of his Precept more particularly The Sherife by his said warrants must command euery balife of euery Libertie and Hundred 1. To warne 24. Iurors of their Liberty or Hundred all which seuerall Pannels must be annexed to the retorne of 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
election of the Knights c. before the next Countie court the Sherife must make out his Warrants to his Baylifes of euerie Hundred commanding them to summon or warne the Freeholders within their seuerall Bayliwickes to be at the next County and there to make choice of their Knights c. Or else the Sherife after the receit of that writ at some Quarter Sessions of the Peace or other generall meeting of the countrie may giue publique notice thereof to the Freeholders Mes si le Vic ' done nul notice ou Summons al Freeholders serra mischieuous Et vncore semble nul remedy done And at the next countie in ful countie Proclamation shall be made by the Sherife of the day and place of the Parliament and that all persons there present shall attend the election After the Knighs be chosen be they present or absent their names shall bee written in a paire of Indentures to bee made betweene the Sherife of the one part and some of the Freeholders beeing chusers of the other part vnto which Indentures the Sherife and the Chusers shall interchangeably set their Scales and that part of the Indentures sealed by the Chusers shall bee tacked to and returned by the Sherife with the said writ These Knights ought to bee chosen of persons resiant within the Shire and must be Knights indeed or else Gentlemen able to be Knights But no Sherife or Mayor ought to be chosen Also persons attainted of treason or felonie ought not to be chosen knights for the Parliament Nor any person that is outlawed Nor any person in prison vpon an Execution Neither ought any such person to be chosen a Burgesse for the Parliament And yet it any such person shall be chosen thereto the Sherife ought to returne their names The chusers of Knights for the Parliament ought to be onely of such persons as bee dwelling within the same Shire and such as haue fortie shillings freehold lands or tenemtnts per annum within the same Shire the day of the date of the same writ Note that by the Common Law all Freemen of England had a voyce in the election of these Knights within the Counties where they dwelt but now they are restrained by Statute to such only as haue freehold lands or Tenements to the value of fortie shillings by the yeare aboue all charges By which words Lands and Tenements you must vnderstand First he which hath no other Freehold but the Aduowson or gift of a Church hee thereby can bee no chuser c. He which hath no other freehold than comon of Pasture can be no chuser c though that be of the value of fortie shillings per annum But a freehold house or land worth thirtie shillings per annum and a common of pasture appendant worth twentie shillings per annum belonging to the same house is holden to bee a sufficient Freehold Otherwise of a house new erected or erected within time of memorie for that common must be by prescription except such house be worth forty shillings per annum besides the Common A. hauing fortie pounds per annum letteth the same to another for life reseruing no rent or but twentie shillings or thirtie shillings rent per annum this seemeth no sufficiencie of freehold to A. during the terme But if A. letteth such his estate to another for yeares though for diuers yeares reseruing only twentie shillings per annum or absque aliquo reddendo yet here he may be a chuser c. for the freehold which is in him So if lands worth fortie shillings per annum be letten for yeares the remainder to A. in Fee simple or Fee taile heere A. may be a chuser c. for the Freehold which is in him If a man hath fortie shillings rent per annum or one annuitie of fortie shillings per annum issuing out of lands during his life this is sufficiencie of freehold to be a chuser c. And this fortie shillings per annum must also be certaine and not by reason of the gaine of an Orchard Garden or other thing which is casuall and not certaine for that is no sufficiencie If a man hath a freehold estate of lands or tenements in the right of his wife of the yearely value of forty shillings it is sufficient If a man hath free warren of conies the which communibus annis is worth fortie shillings per annum this is sufficient If a man maketh fortie shillings per annum of his woodsales Cole-mines Tythes impropriate or the like beeing his Freehold these are sufficiencie of Freehold Clergie men for their Spirituall Liuings are holden to haue no voyces in the election of these Knights Quaere Fellowes of Colledges in the Vniuersities are holden to haue no voyces in this election of Knights for or by reason of their chambers or other auails in their Colledges And Gentlemen of the Inns of Court or Chancerie are to haue no voyces therein by reason of their chambers there Note that the Sherife may examine vpon oath euerie such chuser how much Freehold hee may expend per annum The election of these Knights must be made in the ful county Court between the houres of eight 11. in the forenoone and onely by such Freeholders as be then present in the Countie Court And the Sherife is to returne such Knights as haue the greatest number of voyces of such chusers and freeholders This returne of the Sherife must be made by Indentures sealed by the Sherife of the one part and by the chusers of the other part The form of which Indentures you may see in my Booke at large cap. 92. If the election be made in ful Countie and betweene the houres aforesaid the Sherif may seale his Indentures and make his Returne afterwards and in another place Also this election of Knights as also of Burgesses may be by voyces or holding vp of hands c. or by any other way whereby it may be discerned who hath the greater number Burgesses The Sherife also vpon receit of the said Writ for summons of the Parliament ought presently to make out his Precepts vnder the Seale of his office to euerie Mayor and Bailife c. of Cities and Burroughs within his Countie commanding them to chuse their Citisens and Burgesses for the Parliament Those Maiors and Baylifes c. must make a returne of that Precept and of their Election scz of their names to the Sherif by Indentures the sherife must seale one part of those Indentures and the other part sealed by the Maior c. the Sherife must certifie and returne also with the Writ If any Sherife shall be negligent in making his returne of this Writ or shall leaue out of his said returne any Citie or Burrough which ought to come to the Parliament he shall forfeit an hundred pounds and haue one yeres imprisonment If the Sherife shall doe any thing contrarie to the Statutes either concerning the due election or returning