for felony hee shall forfeite his lands and goods otherwise where a man doth abiure for heresie trespasse or other offence A man arrested for felony maketh resistance and so is killed he shall forfeit his goods and yet no attainder So felo de se shall forfeit his goods But an infant Non compos mentis or a Lunatike killeth himselfe they shal forfeit nothing If a Parson or other Ecclesiasticall man shall commit felony or shall bee vtlawed or otherwise shall forfeit his goods the Sherife c. may seise his goods and his Tythes receiued wheresoeuer they lie or be The petty Iury attainted in a Writ of attaynt shall forfeit all their goods and the profits of their lands during their liues Affrayors before any Iustice sitting in place of Iudgement shall forfeit their goods and the profits of their lands So Affrayors in Westminster Hall sitting any of the kings Courts Persons wearing any priuy Armor in the kings Pallace or in Westminster Hall shall forfeit their Armour Persons riding or going armed Offensiuely forfeit their Armour and the Sherife must seise it preise it and shall be answerable for it See plus hic cap. 11 12.52 CHAP. 14. Other forfeiture of Goods GOods stollen and after wayued scz left or cast away by the felon when he is pursued are forfeit to the king And the Sherife or any other may seise them to the vse of the king but if the felon had not the goods with or about him when he fled then they are not forfeit Goods confiscate scz goods stollen or found in the felons possession which are lost by default of clayming them or by disclayming them c. such goods are forfeit to the king and the Sherife shall be charged therewith So of Goods stollen if the owner shall not persecute and giue euidence against the felon to attaint him Estrayes scz where any beast or cattell or swans commeth within any Lordship and none knoweth the owner thereof then it shall bee seised to the vse of the King or of the Lord c. But the Sherife or other Officer that shall seise an Estray ought to proclaime it according to law scz Once in the Church and in the two next market townes Deodands scz any goods causing the death of a man shall be forfeit Note that the Iury which doe finde the death of the man must also find preise the Deodand the Sherife may presently seise the same for the king Or may leaue or deliuer them to the town and the Sherife shall be charged to leuy the price thereof of the towne whether the same were deliuered to them to keepe or no. Goods of Egyptians the Sherife within one moneth after the arriuall may seise them to the Kings vse And yet euery person that shall proue by two credible witnesses before the Sherife that any of those goods were craftily or feloniously taken from him shall be presently restored thereto by the Sherife vpon paine to forfeit the double value A man vtlawed for Treason or felony shall forfeit his lands c. And all his goods which he had at the time of the exigent awarded or at any time after And although he shal be afterwards acquited of the felony or shall yeeld himselfe vpon the exigent yet he shall forfeit the profits of his lands all his goods for that such absenting himselfe is accounted a flying in law Also for vtlary in any personall action he shall forfeit the profits of his lands and all his goods reall and personall which he had at the time of the Vtlary pronounced and the Sherife or Escheator ex officio may seise to the kings vse all the profits of the lands in his possession and may mowe seuer and take all the corne and grasse growing and may take the feede and herbage of the grounds and take the rents of his fermors to the kings vse But the kings Officers may not meddle with the possession of the freehold lands scz to plow sowe grant or let the same Neither may they crop any trees nor cut any vnderwoods growing vp the Freehold nor any other thing which is not cut or taken yearely And yet if Tenant for yeares bee vtlawed the kings Officer may seise that land terme and may plow sow and occupy the same land and take all other profits thereof as the termor might Also goods which the party vtlawed hath ioyntly with another the kings Officer may seise the whole for the king Goods bayled by the party vtlawed to another to keepe may bee seised and taken for the king The party vtlawed makes his Executor and dyeth his goods in the hands of his Executor may be seised for the King A Ward shall bee forfeited by vtlarie But no goods annexed to the freehold shall be seised for vtlary Deere in a Parke shall not be forfeit by vtlary in a personall action Goods which the party vtlawed hath as Executor shal not bee forfeite Goods demised or letten nor goods pawned or lawfully distreined shall not bee seised for vtlary quousque c. Also where the Lord of a Mannor or Franchise hath by charter the goods of felons fugitiues or outlawes there the Sherife is not to meddle with or to seise such goods c. When the Vtlary with the Exigent is returned by the Sherife into the Court c. then is it a good Vtlary to disable the party to sue c. And yet before the retorne it is sufficient for the king and therefore the kings Officers may seise the goods of the party vtlawed presently after the vtlary pronounced and keepe them But the Sherife may not sell the parties goods before the Capias vtlagatum commeth to him And vpon the Capias vtlagatum the Sherife may eyther sell them or keepe them to the Kings vse And yet for that the Sherife by this writ is not commanded to sell the goods therfore if the vtlary be reuersed by a writ of Error the defendant shall haue restitution therof although they were sold except that the Sherife hath accompted for them in the Eschequor before the Vtlary reuersed Vide hic cap. 59. The Sherife may not arrest the body of him that is outlawed in any personall action without a writ of Capias vtlagatum But otherwise where the Vtlarie is for Felony or Treason If the King shall pardon a man who commeth in vpon the Capias vtlagatum before that the partie be satisfied yet if it bee after iudgement the Sherife must take heed that hee doth not suffer him to escape vntill the party be satisfied Also vpon Vtlarie retorned by the Sherife a writ sometimes goeth out to the Escheator to seise the goods and chattells and the profits of the lands of the partie vtlawed CHAP. 16. Treasure Troue TRreasure Troue is where any money plate or bullion is found hidden in the ground or earth in any place the owner thereof being vnknowne And such money or goods the King is to haue and the Sherife is
issues which is not sufficient the Sherife may be inforced to pay their issues for them CHAP. 89. Returne of issues vpon the defendant or tenant THe Sherife stands bound by his oath to set and to returne reasonable and due issues vpon all such as be within his County scz vpon the tenants or defendants which haue such lands or goods after their estate to the end they may the rather appeare And the tenant or defendant making default of appearance after the first attachment returned scz vpon the Distringas shall loose and forfeit issues to the King If the Sherife shal set and return too small issues vpon the tenant or defendant he is punishable When the tenant or defendant is distreined for such issues it seemeth that the Sherife ought to deliuer them to the Mainpernors or Manucaptors and if the party maketh default at his day the Sherife shall answer for those issues in the Exchequer by the Estreates therof made and the Mainpernors shall be answerable therefore to the Sherife Vnder the name of Issues are contained The profits of the lands Quid. and the goods of the party 1 The profits of the lands scz his rents and corne growing But yet for rent the Sherife needeth not to returne that for issues except they be then due And for corne growing the Sherife must be warie in returning them for issues for that they may be lost or spoiled before they be carried 2 Goods scz Corne in the barne and all moouables except apparrell houshold-stuffe horses and their harnesse And by the Stat. the Sherife ought to returne in issues vpon euery defendant or tenant Quantum so much as may arise of the profits of their lands within that County from the day of the Teste of the writ vntill the day of the returne thereof and the value of his goods except vt supra But it seemeth that this Law is not now much in vse whereby as Master Fitzh sayth great inconuenience ariseth besides it is a breach of the Sherifes oath Otherwise at this day the Sherife neede to returne but reasonable issues But be they neuer so great they be forfeit vpon his default and the party hath no remedy and the Sherif shall be chargeable therewith being estreated See hic cap. 11. Note that with these issues the land is chargeable into whose hands soeuer it come after See hic cap. 11. CHAP. 90. What Issues the Sherife must returne vpon Iurors BY the Common Law the Sherife was to returnâ— no Issues vpon a Venire fac ' Iurator ' Hic cap. 78. Neither was it vsed to returne any great Issues vpon the Habeas corpor ' or Distring ' Iurator ' But for the more expedition of Iustice and more speedy triall of issues by Iurors and in some cases of Enquiry there haue beene diuers statutes made as followeth 1 Vpon euery first writ of Habeas corpora or Distring Iurat ' c. to trie any issue the Sherife shall returne in issues vpon euery person impannelled and returned x. s. at the least And vpon the second writ xx s. And vpon the third writ xxx s. c. Sub poena V. li. 2 In actions of Attaint the sherife shall returne in issues vpon euery Iuror at the first Distring forty shillings at the least at the second Distring fiue pounds And the double vpon euery other Distresse Sub poena xx li. 3 Vpon euery precept from Iustices of peace to enquire of a forcible Entrie or Riot c. the sherife shall returne vpon euery Iuror in issues at the first precept or day twenty shillings And at the second day forty shillings And in cases of a Forcible Entry or Deteiner at the third day C. s. and at euery day after double Sub poena xx li. 4 Vpon a Commission to enquire of the defaults of Iustices of peace and Sherifes in not executing the Statutes made for the suppressing of Riots there shall bee returned in issues vpon euery Iuror at the first day twentie s. at the second day fortie shillings at the third day C. s. and at euery day after the double Sub poena 40. li. 5 Vpon an Information vpon the Statute of Liueries the sherife shall returne in issues at the first day twentie shillings At the second day thirty shillings At the third day forty shillings and at euerie day after for euerie time to encrease them ten shillings What issues shall be returned vpon Iurors in London see the Statutes 11. H. 7. 21. 4. H. 8. 3. 5. H. 8. cap. 5. What issues shall be returned vpon Iurors in Wales or in other Cities or Corporate Townes See 27. El. ca. 6. If the Sherife shall returne any Iuror in issues which is not sufficient or hath no land the Sherife shall pay those issues himselfe If the Sherife shall returne any issues vpon any Iuror which was not lawfully summoned or distreyned the Sherife shall forfeit double so much as the said issues returned Plus hic cap. 11. No Sherife shall leuie any issues other than such as are estreated to him vnder the seale of the Exchequer See hic cap. 13. 125. And these Estreats shall expresse the cause of the losse or forfeiture the tearme yeare nature of the Writ or Action and betwixt what parties the Issues fines and amerciaments be lost and the Sherife in his warrants to his Bailifes must also expresse the cause of the forfeiture No estreat of Issues against any Iuror shall be deliuered receiued or put in vre without such addition as is put in the originall Pannell and no Sherife c. shall collect any issues so estreated but of the right party chargeable by the Estreat And note that all the Kings courts Iustices Commissioners and others shall deliuer into the Exchequer at Michaelmasse yearely their estreats of fines and amerciaments assessed or taxed before them and of all issues c. and from thence they shall make Processe against the parties to answer and satisfie the same Note also that these issues returned vpon the Tenant or Defendant and vpon Iurors and lost by them in respect of Non appearance and estreated as aforesaid shall be leuied by the Sherife as forfeit to the King CHAP. 91. ALl the lands which the Iuror had at the time of the Vinire facias serued vpon him shall be liable to his issues c. If the land which the Iuror had be recouered from him or that hee had the same land but for another mans life who is dead then the Sherife must returne this speciall matter Et sic nihil habet otherwise the Sherife cannot returne Nihil where Issues were returned by him before nor vpon the Distringas Iuratores Hic cap. 78. Plus hic cap. 11. that the Issues may be leuied vpon the heire successor purchasor wife Fermour c. CHAP. 92. The chusing and returning of Knights c. for the Parliament AFter the Sherife hath receiued the Writ for Summons of the Parliament and
attend it wholly They are vsually to be nominated yearely by the Lords c. and after are appointed by the King Their election or nomination shall be yerely in the morrow after Al Souls at the Exchequer This Office is determinable Determinable at the Kings pleasure But it cannot bee determined or apportioned as for one Towne or Hundred or other part of the Shire but must continue entire for the whole Countie except where any Town is made a Countie of it selfe and hath a Sherife within the same Towne c. Neither can this Office bee determined nor any part thereof vntill a new Sherife be made except by death of the King or of the Sherife Neither may the Sherife be abridged of any thing incident or belonging to his Office CHAP. 2. THe new elect Sherife at his entrance into his Office must first by himselfe or his Deputie enter Recognisance with sufficient sureties in the Exchequer in the Kings Remembrancers Office there before hee receiues his Patent 1. Must entâ— RecognÌ„ or exerciseth any part of his Office sub poena a hundred pounds The forme of the Condition of which Recognisance you may see hic Cap. 125. Next he must procure his Patents 2. Must prâ—cure his Patents from one of the Clerkes of the Chancerie scz The Patent of his Office whereby the custodie of the Countie is committed to him The Patent of Assistance whereby all the Kings Subiects within that Countie are commanded to be ayding to him He must also procure a writ of discharge to the old Sherife to discharge him out of his Office the which would be deliuered with speed for vntill that be deliuered to the old Sherife he may still doe execution of all Processe or other thing belonging to his Office 3 Must take his Oathes Also the new Sherife before he meddles in his Office must take two corporall Oathes The one to the Kings supremacie The other concerning the due execution of his office These Oathes may bee taken before one of the Iudges of the Assises of that Countie or before a Master of the Chancerie or else before Commissioners in the Countrie by a Dedimus potestatem The retorne whereof see hic Chap. 81. But vntill the new Sherife hath taken these oaths hee may not intermeddle in his office If he shall exercise his Office before he hath taken both these Oaths he is fineable in the Star-Chamber So if he shall not performe his oath concerning his office in euery behalfe he is fineable as aforesaid besides it is periurie The parts of his Oath concerning his Office are these First Truly to keepe the Kings rights of his Crowne scz his Lands rents franchises suits c. Secondly Not to respite the K. debs Thirdly to doe right to all in all things belonging to his Office Fourthly to acquite at the Exchequer the Kings Debtors hee hauing receiued their debt Fiftly truly to serue and returne all Writs Sixtly Nota. Not to haue to his Vndersherife any of the Sherifes Clerks of the yeare last past Seuenthly to take no Baylifes but such as he will answer for and such as be true and sufficient in the Countie Eightly To make each of his Baylifes be sworne for the true execution of their Office Ninthly to receiue no writ vnsealed Nor any sealed but by justices hauing authoritie c. 10 To suppresse Heresies called Lollaries and to assist the Ordinarie therein See hic Cap. 100. 11 To bee resident in his Countie except by licence 12 Not let to farme his Sherifwick nor any Bailiwicke 13 To set and returne reasonable and due issues after the estate of the parties Nota. 14 To make the Pannels himselfe and of persons dwelling neere sufficient and not suspect nor procured 15 To execute the Statutes of Winchester and of Vagabonds Now concerning the statute of Winchester the Sherife 1 First is to proclaime the same statute in euerie Hundred of his countie and in euerie Market towne by his Baylifes foure times in the yeare yet this seemeth now little in vse 2 He is to keepe horses and armor to follow hue and crie 3 If any suspected persons shall be taken vpon Hue and crie or by the Constables or townesmen vpon their Watches by night or by day and shall be deliuered to the Sherif he is to inroll the same and to commit them vntill the comming of the Iustices of Gaole deliuerie and in the meane time the Sherife is to enquire of the offendour by a Iurie whose presentment therein he must return before the said Iustices with the bodies of the offendors But now these Offendors are dealt withall by the Iustices of peace at the Sessions and therefore the Sherife not troubled with them as it seemeth otherwise than by enquirie in their Torne which see hic postea Cap. 107. But concerning the Statutes of Vagabonds I see not what the Sherife is to doe by vertue of his Oath or Office by any Statute now in force in that behalfe saue only to arrest commit them as suspected persons Hic cap. 4. The Sherife also is to take the Oath of Allegiance whensoeuer it shall bee lawfully tendred to him The new Sherife at or before his first Countie Court 4 Must take all prisoners and Writs or vpon the writ of discharge deliuered to his predecessors must take ouer from the old Sherife all his prisoners which are in the Gaole by their names and all his writs precisely by view and by Indenture to be made betweene the old Sherife and the new These Indentures must contain and expresse 1 All the causes which the old Sherife hath against euerie prisoner at the perill of the old Sherife with the prisoners names 2 All Writs with the names of the Plaintifes and of the Defendants and the dayes of the Retorne For the new Sherife shall bee charged onely with such prisoners and with such causes or Executions wherof he shall haue notice giuen him from the old Sherife The new Sherife is not bound to receiue any prisoner from the old Sherife but onely at the Gaole And yet if the new Sherife shall receiue the prisoner out of the Gaole the old sherife is discharged by such deliuerie and receiuing of the prisoner Also the new Sherife may compell the old Sherife to make deliuery by Indentures of all prisoners and of all executions against them and yet if the new Sherife will receiue them otherwise it sufficeth But where the old Sherife shall happen to die during the time of his Office there without deliuerie or notice the new Sherife is chargeable presently with all prisoners is also to take notice of all Writs in the hands of his predecessor c. and of the Contents thereof and of all prisoners and the causes of their commitment as it seemeth The form of the Indentures for seting ouer prisoners and writs between two Sherifes see in my booke at large Note that by the death of the king or
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 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
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.
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
by his Resignatio the authority of the Sherife and of all his officers doth determine and cease And therefore it is vsed presently in the next Kings time to sue out new Patents of this Office and of Assistance The old Sherife may execute his office vntill hee hath his Writ of Discharge after he is discharged scz after his writ of Discharge deliuered to him or deliuered to the Vnder-Sherife sitting in the County Court neither he nor his Vnder-Sherife ought to make any Warrant for the arresting of any man Neither may they make retorne of any Writ And yet the Writs which are set ouer in the Indenture betweene the Sherifes if they haue beene executed by the old Sherif theÌ„ they must be retorned by him or in his name and indorsed or subscribed by the new Sherife after this manner Istud breue prout indorsatur mihi deliberatum fuit per R.S. Armiger ' nuê‘ vic' prox praedecessor ' meum in exit ' ab Officio suo A. B. Miles vicecom ' Also if the old Sherife hath serued any Processe and before the day of the Retorne thereof he be difcharged and that it happen to be left out of the Indenture and feareth that the Writ should be embeaseled by his successor he may deliuer the Writ so by him serued into the Court and thereupon the said Writ shall bee deliuered in Court to the new Sherife and a speciall entrie thereof shall be made in discharge of the old Sherife Also the old Sherife after hee is out of his Office may notwithstanding by â—he appointment of the Court amend any Retorne by him erroniously made The old Sherife after hee is discharged may also sell any goods formerly extended by him whilest hee was in Office Plus hic cap. 22. 5 The new sherife at his first County Court holden after his election and the discharge of the old Sherife must cause to bee read his Patent of his Office and his writ of Assistance and must also nominate his Vndersherife and must depute or appoint and proclaime foure Deputies at the least in the Countie to make Repleuins in the sherifes name which Deputies must dwell not past twelue miles asunder in euerie quarter of the Countie one Also the new sherif before he returne any writ must haue a deputie of record in euerie of the Courts of Chancerie Kings Bench Common place and Exchequer there to receiue all writs and Warrants to be directed to the Sherife c. sub poena 40. li. and treble dammages c. And such Deputies must be made by Warrant of Atturney from the High-Sherife and in writing CHAP. 3. NO Sherife Vnder-Sherife nor Sherifes Clerke shall abide in his Office aboue one yere sub poena 200 pounds No Sherife or Vnder-Sherife shall be in the same Office againe within the same Countie within three yeres after c. sub poena 200 li. But yet persons inheritable to the office of Sherife or Vnder-Sherife the Sherifes and Vnder-sherifes of London and of Bristoll are excepted Also the King by his Prerogatiue may grant the Office of a Sherife for yeares life or in fee. Euerie Sherife must dwell and bee resident in person within the County where he is Sherife during the time of his Office except he be otherwise licensed by the King A Sherife hath no authoritie or power within another Countie Neither may they exercise their Office out of their Countie And yet the sherife being out of his Countie may make a pannell or may make any Retorne Also by force of the Kings Writ to carrie a prisoner out of the Countie c. the Sherife may carrie or send by baston his prisoner to the place appointed him although it bee through diuers other Counties Also if a prisoner of his own wrong shall make an escape and flie into another Countie the Sherife or his Officers vpon fresh suit may there take him againe No Sherife shall let to farme his Office in any manner nor his County nor any of his Bailiwickes or Hundreds nor any of his Courts sub poena fortie pounds And yet the Sherife may appoint vnder him his Vnder-sherife and his Baylifes and Deputies all which doe vse their place in the right of the Sherife and as his seruants but they may not be Lessees or Fermors thereof and so to occupie their place or take the profits thereof in their owne right For the Sherife may not let the profits issues or reuenues of his Countie or the profits pertaining to his Office Now these seeme to be the fees annuities rents fermes issues fines amerciaments escheats estrayes goods of Felons and fugitiues and other like casuall profits belonging to the Sherifes office to gather and where the King maketh one Sherife sine compoto there the Sherife shal haue these things or profits to his owne vse otherwise the Sherife shall be accountable for them and yet he is not accountable for them sauing in a grosse summe for the ferme of the profits of the Countie Tamen quaere See hic ca. 11. 125. CHAP. 4. The authoritie and power of the Sherife THe authoritie of the Sherife is in some cases absolute or iudiciall and in some cases ministeriall Their absolute or Iudiciall power is in these things following By the antient Common Law the Sherife and Coroners were Iudges and in the Tourne Sherifes in the Countie Court the Sherife and Coroners together did hold plea of felonies and of other things pertaining to the Crown And in the time of the Saxons most suits in the Common Law were Viscountiel and held before the Sherife in the County court yea vntil the NormaÌ„ Conquest a iurisdiction of causes Ecclesiasticke was also exercised ioyntly by the Bishop and sherife at the county Court But now by the Statute of Magna Charta cap. 17. no Sherife shall hold plea of any thing pertainâ—â—g to the Kings Crowne scz They shall not hold plea of any Freehold or Lands nor of any felonie or trespasse vi armis or of any other thing touching the Crowne or against the peace of the King his Crowne or dignity to heare and determine the same And yet Appeales of Felonies and of Mayhem and Rape may be sued by Bill in the Countie Court at this day Hic cap. 111. Also the Sherifes in their Court Leet or Tourne may enquire of Treasons homicides other felonies of common Trespasses and in some cases may imprison fine binde ouer or otherwise punish offendors Hic cap. 109. In the Countie Court they may hold plea of lands by a Iusticies but otherwise they cannot In their Countie Court they may also by playnt hold plea de auerijs captis detentâ—s c. which plea properly belongeth to the Crowne In their Countie Court they may take a Recognisance for a debâ— between partie and partie Hic cap. 115. Hee which hath a pardon for any manner of felonie ought to be bound to the good behauiour before the Sherife and Coroners c. Also
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
to seise it to the Kings vse Goods wrecked or wrecke of the Sea scz Goods cast or left vpon the land by the Sea the King is to haue except where the Lord of any Franchise or Mannor c. hath it by Charter or by Prescription And where the King is to haue these goods the Sherife may seise them to the vse of the King and shall preise them by a Iury and then he may keepe them himselfe or deliuer them to the towne where they are found to keepe and then they shall answer for them But the owner hath a yeare and a day after the seisure by the Officer to claim thē so that if any within the yere and day after the seisure shall proue that the goods were his they shall bee presently restored to him paying reasonable charges And therfore if the goods be such as may be kept sweet good by the space of a yeere there the goods must be preserued during the yeare otherwise the Officer which seiseth them is punishable But if the goods will not keepe so long there the Officer may sell such goods and deliuer the money taken for them to the towne to keepe or else he may keepe it himselfe and answer for it But this claime and proofe of the property by the owner is giuen onely where a man dogge or some other quicke thing escapeth out of the Ship aliue Note that except the Ship doe perish and be drowned the goods cannot be forfeite nor said to be wrecke The goods of an infant woman couert being Executor a man in prison or beyond the sea being wrecked at the sea and not claimed within the yeare and day c. shall be forfeit The King also is to haue Whales and other Royall fishes c CHAP. 17. Wards Escheats Ideots BY the Statute de Scaccario made An. 51. H. 3. Sherifes shall seise and keepe all such Wards Escheats that are not in fees as belong to the King which be within their shires and of the issues thereof they shall bee answerable in the Eschequer when they accompt for their countries and they might let to ferme or otherwise such Wards and Escheates and might seise their bodies c. Also by the Statute made 2. 3. E. 6. Cap. 34. it seemeth that Sherifes shal be accomptable for all Wards Marriages and Releifes c But at this day all the Kings Wards are to be within the order suruey and gouernance of the Court of Wards together with their lands rents issues thereof And the Escheator is now the Officer appointed to inquire thereof and to seise their lands c. CHAP. 18. BY the aforesaid Statute de Scaccario Escheats Sherifes shall seise the Escheats that fall to remaine to the King in fee. If the Kings Tenants in fee simple dieth without an heire and no other person entreth the King is in by Escheate and hath a freehold without any Office and the Kings Officer may seise it for the King In cases of Heresie Coniuration and the like there is no Escheat hic cap. 14. All Escheats within any City perteine to the King Plus hic cap. 6.7 14. concerning Escheats and the Sherifes duty therein CHAP. 19. IF there shall be an Ideot scz a naturall foole there may be a Writ awarded to the Sherife Ideots or Escheater both to examine him as also to inquire by a Iury of such Ideot and of his lands c. But there can bee no seisure of the lands without an Office first found nor of the profits of their lands Also the King shall haue the custostody of an Ideots body and goods as well as of his lands and that during their liues prouiding them things necessary for themselues their wiues and family But all Ideots and their lands c. shall be in the ordering of the Court of Wards And yet the King nor his Officers ought not to seise the lands nor the Issues of their lands of an Ideot vntill hee bee found an Ideot by an Office Lastly the words of the Sherifes Oath are You shall truely keepe the Kings rights and all that belongeth to the Crowne Now these former and other the Kings Prerogatiues of the like kind although they are a great part and portion of the rights profits and commodities of the Crowne yet this Prerogatiue doth not onely extend to such benefit and profits as the King is to haue from his Subiects as aforesaid But also to the Kings person to free it that it shall not be subiect to any mans suite and also to his possessions so that they may not nor can not bee taken from him by any violence or wrongfull disseisin and to his goods and chattells so that they are vnder no tribute tolle or custome nor otherwise distreinable And in all these and other the Kings Prerogatiues the Sherife is to doe his best endeauour for the keeping and preseruing thereof so far forth as belongeth to his Office Note that the Kings person is so sacred as that no violent hands may in any case bee laid vpon him neither may he be sued by action as a common person or subiect may But wheresoeuer the King shall seise any mans land or take away any mans goods hauing no Title there the Subiect is driuen to suite his Soueraign by way of Petition onely For the Kings possessions or lands that they cannot be extended or taken in execution See hic cap. 26. So all the Kings lands are exempted from distresses for rent c. For his Goods also they cannot bee taken for Wayfes Wreckes or Estrayes The King beeing Nonsuit c. cannot be amerced That he shall finde no Pledges de prosequendo hic cap. 45. CHAP. 20. Direction and execution of Writs NExt The Sherife is duely and truly to serue and execute al manner of Writs Processe Iudgements and commandements made or directed to him from any of the Kings Courts And indeed the office of a sherif cōsists chiefly in the execution seruing of Writs and Processe of Law and to doe this he is the immediate Officer of the King and all his Courts scz To execute the Writs of the Common Law And this he must doe or cause to be done truly and duely and in euery behalfe as the Writs themselues commands without any fauour dread or corruption or else he is punishable By the antient Law of this Land all originall Writs purchased at the suit of the partie to maintaine actions are to be directed to the Sherife of the Countie where the cause of the suit doth arise and cannot bee directed to any other person than the Sherife vnlesse it be in speciall cases where there shall be good cause of execution to or against the Sherife and there the Writ shall be directed to the Coroner who then standeth in the place of the Sherife And if the Sherife bee dead or remooued yet the Processe shall not be directed to the Coroners but shal stay vntill another Sherife
be chosen Where there be two Sherifes as in London and Yorke c. and Processe goeth out to the Sherifes there one of them may not returne the Writ alone although the other be dead and yet it is vsed that one of them doth serue it which is the seruing of them both but the returne must be in the names of both of them But in things spirituall the Ordinarie is the immediate Officer to all the Kings Courts to serue their Processe c. Execution of Writs Sherifes and their Vndersherifes shall receiue all manner of Writs in any place and at all times within their Countie when and wheresoeuer they shall bee deliuered them and shall make thereof Warrant to their Bayliffe c. or else execute it themselues A Writ deliuered to the Sherife of or vpon Record is imbeaseled See hic Cap. 37. After the Writ executed the Sherife must returne the same into the Court from whence it came If the Sherife or his Officers shall not execute the Writ or shall not returne it or shall make any false returne thereupon he is punishable And yet in some cases although the Sherife executeth not the writ he may excuse it by his Returne Hic Cap 38. CHAP. 21. ALl Writs are vsually deliuered to the Vndersherife and executed by him And yet the High-Sherife may execute them himselfe or he may by word onely command his Vndersherife Bailife or other sworne officer or his own seruant to serue or execute the same Or he may make or command any stranger being neither a knowne nor sworne Officer to execute it but then the Sherife must deliuer such a stranger either the Writ it selfe or else a Precept or Warrant in writing And yet any stranger by the commandement of the Sherife and as his seruant may iustifie to serue and execute any Processe and that without any Precept in writing Also the Vndersherife may either execute the Writ himselfe or else must make his Warrant in writing and in the High-Sherifes name to the Baylife or other officer to do it or he may make such Warrant to any stranger The Bailife or other Officer to whom any Warrant shall bee directed and deliuered ought with all speede and secrecie to execute the same The Bailife or other such officer must execute the Warrant himselfe and can command none other to doe it neither by word nor writing and yet they may take what number of other persons they shal thinke meet to ayd them in the execution of their Warrant And so if the High-Sherife shall direct his warrant to his Vnder-Sherife here the Vndersherife must execute it himselfe Quaere None shall be arrested for debt trespasse or other cause of action but only by vertue of some Processe Precept or Commandement out of some Court But by the custome of London vpon a Plaint or Suit for debt first entred before the Sherifs against another the Serjeants may arrest the debtor by the commandement of the Sherife to appeare and answer to the suit and that without any processe warrant or Precept in writing The Sherife Vndersherife Baylife or other Officer may if need be take Posse comitatu to execute any writ or other lawfull warrant directed to them and such as shal not assist them therein being required shall make Fyne to the King The Sherife or other Officer is not to dispute the authority of the Court or Iustice from whence or whom they shall receiue any writ or warrant but at their perils are to execute the same And yet some cautions are to be obserued therein 1 First where the Court or Iustices out of which or from whom the writ or warrant commeth hath no iurisdiction of the cause the Officer is not bound to execute it nay may not safely doe it 2 If the Sherife shall bee commanded coment per breue le Roy de south son priuy scale to surcease the Execution of any writ to him directed out of any of the Kings Courts the Sherife may not safely surcease thereupon For by Law the Sherife by no writ may surcease c. but onely by writ or warrant out of the same Court out of which hee had his first commaundement 4. E. 4. fol. 17. 14. E. 3. Fitz. Retorn de vic 89. Execution of Writs 3 One being in Execution the commandement of the Kings Court immo del nostre Seignior le Roy luy mesme without writ is no sufficient warrant to the Sherife to deliuer the prisoner But vpon such command without writ it seemeth the Sherife may carry the prisoner to any place so as hee bringeth him backe againe Quaere 4 One being in prison vpon an Execution or vpon a Capias vtlagatum if the Sherife shall deliuer him vpon a writ of protection de seruicio Regis or per breue south Signet le Roy these seeme no sufficient excuse to the Sherife c. Dyer 162. Vide hic cap. 163. 5 And sometime againe the Kings Writ vnder the great Seale is no sufficient warrant to the Sherife to deliuer a prisoner As if the Sherife vpon the Writ de Homine repleg shall deliuer a prisoner that is in for Redisseisin he shall bee amerced So if a prisoner condemned in arrerages before Auditors shall bee deliuered vpon the said Writ de Homine replegiando it is an Escape and the Sherif shall pay the debt And yet he which is imprisoned for a contempt onely may bee discharged by the commandement of the king or of his Iustices by word onely 6 Also Knights and Burgesses of the Parliament and Clergie men called to the Conuocation c. and their necessarie seruants attending vpon their masters during the time of the Parliament shall not de arrested vpon any originall proces for debt trespas or the like but must haue their priuiledge Eund ' moraÌ„d redeuÌ„d ' allow'd them Neither shal any such priuiledged person bee arrested vpon any writ of Execution during the Parliament Neither shal any of their goods or cattels necessary be attached or taken by the Sherife or other Officer except it be in case of Treason or felony 7. If a Knight or Burgesse of the Parliament c. shall be taken vpon an execution c. the Sherife ought presently to deliuer them being sent for by the house hic cap. 29. But yet vpon a Capias vtlagatum they may be arrested during the Session of Parliament 8. Also all such persons whose aâ—tendance is necessary many of the Kings Courts at Westm or elsewhere shall not be arrested vpon any originall processe but shall be discharged vpoÌ„ shewing their Writ of Priuiledge And so note that in some cases the Sherife is bouÌ„d at his peril to take knowledge of the Law and of the authority iurisdiction of the Kings Courts Iustices But if a Capias a writ of Execution or Exigent shall come to the Sherife against a Duke Earle or other Noble man or woman though it lyeth not against them yet the Sherife c.
ought to serue or execute the writ and must not argue or dispute the validitie thereof CHAP. 22. The Officers dutie THe Sherife Baylife or other Officer to whose hands any Writ or Warrant shall come ought with all speed and secrecy to execute the writ or warrant deliuered to him And in the execution thereof hee is truely to pursue the effect of the same writ or warrant in euery behalfe and according as the same commandeth A sworne and knowne Officer needs not to shew his writ or warrant when he commeth to serue it but then hee ought to declare the contents thereof scz at whose suite he maketh the arrest c. for what cause out of what Court and when it is returneable to the end the party may free himselfe by payment c. or by finding sureties Yet this declaring of the contents of the warrant by the Bailife or other Officer must bee vnderstood when the other party yeelds himselfe to the arrest and not when the partie maketh resistance A speciall baylife or the Sherifes or Vndersherifes seruant being no sworn baylife must shew their warrant to the party demanding it And it is safe for euery Baylife or Officer to keepe their warrants by them thereby to make iustification if need be An Officer giueth sufficient notice what he is when he saith to the party I arrest you in the Kings name and the party ought to obey him at his peril though he knowes not him to bee an Officer If the Officer commeth to arrest a man and he flyeth the Officer may pursue him and take him againe though in another County But if he were arrested and then flyeth the Officer may not onely pursue and take him but may also iustifie to beate him if he resisteth If there be two or moe of one name the Sherife may retorne it so and that therefore he knew not how to execute the writ hic cap. 61. For to arrest one man for another or to attach one mans goods for another is punishable If an Officer doth arrest a man before he hath a warrant and afterward he procureth a warrant or a warrant commeth to him to arrest the party for the same cause yet he is punishable for the first arrest A Sericant in London attacheth a man before the suite or playnt bee entred the Sericant is punishable If the Sherife c. shall make anie warrant to arrest or summon c. any person without an originall writ aswell the Sherife or other party that made such warraÌ„t as also the procurers thereof shall be punished to the king and party grieued And yet if a Capias c. shall come to the Sherife without an originall and the Sherife shall make warrant thereupon or otherwise execute the same he is excusable and the arrest thereupon made is good If the Sherife shall make his precept to the baylife of a Liberty reciting that he hath receiued the Kings writ to take the body of such a man whereas there came no writ to the Sherife this is a good excuse for the baylife and the party is to haue his remedy against the Sherife An Atturny maketh a Capias directed to the Sherife where there is no originall the Atturny shall be grieuously punished If the Officer arresteâ—h one vpon a Capias and after retornes non est inuentus he is punishable After the Officer hath arrested a man if he suffereth the prisoner to go at large to seeke sureties c. Or to goe by bayle or baston yet it is an escape and punishable though the prisoner shall come againe And if the prisoner commeth not againe at his day yet the Officer can not after take or arrest him againe vpon his former writ or warrant Where a man is in Execution for Debt and the Sherife or Gaoler lets him goe at libertie for a time and then to retorne and hee commeth againe at the time yet this is an escape and the Sherife shall be charged for the debt But if the prisoner had escaped of bis owne wrong without the Officers consent the Officer may take him againe when and wheresoeuer hee shall find him Old Sherife If an Officer shall arrest a man by vertue of a warrant from the old Sherife after he is discharged an action lyeth both against the Sherife and Officer So where any man not hauing authority shall make a warrant to arrest another and thereupon the Officer shall arrest the party the action lyeth aswell against the Iudge c. who made such warrant as against the Officer If a man be imprisoned vpon a warrant from a Iustice of peace for some riot forcible Entrie for the peace or the like and after a Capias or other writ commeth out of the kings court to the Sherife to arrest the same person the Sherife vpon the Capias must retorne this speciall matter and must haue the body of the prisoner in Court at the day whence after his answer put in he shal be remitted by the Sherif into the country there to make answer before the Iustices of Peace Note when a man is in the Sherifes custody by proces of law or other lawfull warrant and after another writ is deliuered to the Sherife to take the body of the same man the Sherife is now chargeable with him vpon both the writs and if the Sherife shall refuse to take the second writ or shall not keepe the prisoner thereupon it is an escape in the Sherife Also note that any subiect of this Realme may be sued and arrested be hee bond or free woman or infant The person or Religious person or be they outlawed excommunicated or any other without exception See Plus hic 21. 24. And yet the body of a Noble man may not be arrested vpon a Capias in processe but vpon a contempt they may Place The Sherife or other Officer may execute the Kings Writ within the Churchyard or Church so that it be not done to the disturbaÌ„ce of diu ne seruice But no man may arrest any Minister c. which is doing any Diuine Seruice The Sherife or his Officer may execute any proces Time or doe any other Ministeriall Act vpon the Sabbath day at the suit of the king or of the subiect The Sherife or his Officers may also execute any proces or do any other Ministeriall act in the night time But the Sherife nor his Officers may not breake open any mans house in the night time to execute any proces or to doe any other ministeriall act or the law giueth no colour to breake a mans house by night Vpon a Capias or Latitat c. the Sherif or his officers may arrest the party the same day in which the writ is retornable or which is the day of apparance scz before the fourth day If the Officer shall not arrest the party when he findeth him and may arrest him he is chargeable to the Plaintife for his whole dammage Note that
Writs concerning common Plees Reall or personall are of two sorts scz Praecipees or Si fecerit te Securum c. Vpon Praecipees the Sherife is to command the defendants to doe somewhat in certen which the Plaintife sueth for which if he doe not then the Sherife is to serue the processe But vpon Si fecerit te Securum the Sherife is to serue the processe without more adoe CHAP. 23. Warrants vpon meane proces their formes THe Sherife or his Vndersherife to whom any meane Processe or Writ shall be deliuered are either to execute it themselues or else are speedily to make out warrants to their baylife or other Officers for the execution thereof And these warrants must bee made according to the seuerall natures of the Writs which for the substance will direct them therein But whether these warrants be made in Latin or English it is not materiall so that they bee made in due forme The forme of a warrant from the Sherife to the Baylife to cause one to appeare A. B. Cantabr Miles vicecom ' Com' pred balliuo (a) (a) Libertatis de E. Omnibus balliuis meis tam infra libertat ' quam extra Omnibus balliuis meis infra comit ' pred Hundred de R. (b) (b) Necnon I. W. T. B. balliuis meis hac vice eorum cuilebet salutem Ex parte Dom ' Regis (c) (c) Vobis coniunctim diuisim Vobis cuilibet vestrum coniunctim diuisim tibi mando quod (d) (d) Capiatis seu vnus vestrum capiat capias I.S. si c. Et eum saluo c. Ita quod habeam corpus eius coram (e) (e) Domino Rege if in the Kings Bench c. See cap. 75. Iustic ' Domini Regis apud Westm in (f) (f) Die Iouis prox ' post Octob. Octobris Sancti Hillar ad respond C. D. de ê‘lito (g) (g) Transgressionis Conuentionis Detentionis c. Debiti Et hoc c. Datum sub sigillo Officij mei decimo die Aug An' regni Domini Regis nunc Angliae c. 3. Per A.B. milit vice com' Warrant de Destring ' Cantabr A B. c. vt supra mando quod distring ' I.S. de W. armig ' ê‘ omnes terr' catalla sua c. Ita quod habeam corpus eius coram Iustic ' c. Ad respondend tam Domino Regi quam I. D. de ê‘lito transgress c. sub poena C.s. Alias Ita quod habeas corpus eius coram Iustic ' domini Regis ad pacem in Com' praed ad prox ' Session ' suam apud C. tenend ad respond dicto domino Regi de diuersis transgress vnde Indictatus est c. sub poena 40 s Another forme of a Warrant Decimo die Aug. An' Dom ' 1628. By vertue of the Kings Maiesties writ to me directed Cantabr retornable Coram Domino Rege apud Westmon die Iouis prox ' post quind saÌ„ct Hillarij c. reciting the words in the writ you shall arrest I.S. if he may bee found within my Bayliwicke to answer to C. D. in a plea of trespasse c. or in a plea of debt c. according to the writ Datum sub sigillo Officij mei die anno suê‘dictis ê‘ A.B. Milit ' Vicecom ' To I.P. and R. S. my speciall Bailifes in this behalfe ioyntly and seuerally greeting A good forme of a warrant to be vsed vpon Executions or vpon a Capias vtlagatum c. Cantabr A. B. Miles vic' Com' praed omnibus balliuis meis tam infra libertat ' quam extra Necnon I.B. C.D. balliuis meis hac vice tantum salutem Ex parte dom ' Regis vobis cuilibet vestrum coniunctim diuisim mando Quod Capiatis seu vnus vestruÌ„ Capiat I.S. si c. vt supra CHAP. 24. Executions how to be done and executed And first vpon a Statute Merchant VPon a Statute Merchant Statute Marchant the Sherife vpon the Capias must first take the body of the Conusor or Debtor if he be a Lay-man and can bee found and must keepe him safely in prison vntill he hath satisfied or agreed for the debt and damages And after halfe a yeare which time is giuen to the debtor being taken to sell his lands and goods to pay his debts if the debt be not satisfied then vpon an Extendi fac ' the Sherife shall by a Iury preise the lands and goods and then shall deliuer all his lands and goods to the Creditour by a reasonable rate extent or value and yet the body shall remaine still in prison vntill the debt be paid Also vpon the Capias if the party canot be found and that a Non est inuentus bee retorned by the Sherife an Extent or Extendi facias shall goe out against the Conusors lands and goods and against his body vpon which the Sherife shall presently cause all the Conusors lands and goods to be preised by a Iury and to be deliuered to the Creditor or else hee may cause the goods to be sold so far as the debt doth amount and the debt to be presently paid to the Creditor And the Sherife shall deliuer the same lands and goods to the Creditor at a reasonable price scz as much as doth amount to the debt c. And here if the Sherife shall retorne that he hath extended the lands c. he must retorne further that he hath deliuered the same to the Plaintife Hic cap. 58. If the preisors of the lands or goods scz the Iurors doe ouer value them then shall the same lands and goods be deliuered to the same preisors at the same price and they forthwith shall be answerable vnto the Creditor for his debt or duty contained in the Statute Merchant and chargeable with the payment thereof at such dayes as the Rents or reuenues are payable or receiuable CHAP. 25. Execution vpon a Statute Staple VPon a Statute Staple the Sherife vpon the Writ of Execution shall take the body of the Conusor si laicus fit c. And shal also presently by a Iury extend and value or preise his lands Tenements goods and chattels But the Sherife must seise the lands and goods into the Kings hands and shall retorne the same extent and Presentment into the Chancery whereupon a Liberate shall come to the Sherife to deliuer those lands and goods according to the same Extent or Preisement to the Conusee if he will to the value of his debt and damages c. And so note that vpon a Statute Staple the Extent and preising of the lands and goods of the Conusor shall be first made and retorned by the Sherife But the Sherife shall make no deliuery thereof to the Conusee till the Liberate come vpon which Writ deliuered to the Sherife hee shall then without any other Inquisition deliuer to the Conusee such lands and
goods as were before taken in execution and according to the former valuation by the Iury. And the Sherife hauing taken the body of the Conusor must keepe him safely vntill he hath satisfied the debt and damages or otherwise agreed for the same If the preisors of the lands or goods doe ouer value them then they shall be deliuered to the Preisors and they shall be answerable to the Creditor as in case of a Statute Merchant The Sherife vpon an Extendi facias to haue execution vpon a Statute Staple doth extend the lands of the defendants and preiseth his goods and seiseth them into the Kings hands according to the Writ but before the deliuery thereof to the Conusee another writ of Praerog commeth to the Sherife out of the Eschequor for the King to leuy a debt for the King the Sherife must first leuy the Kings debt and to retorne that Extent into the Eschequor for the King by his Praerogatiue shal first haue execution of those lands and goods for that the property of the goods nor possession of the lands are not in the Conusee vntill they be deliuered to him by the Liberate Plus hic cap. 58. Also note that the King shall be preferred in all his suites and executions before any subiect scz if his suite bee commenced before the other hath iudgement Againe for the Kings debt by specialty not onely the body of the Debtor but also his lands and goods in his owne hands or in the hands of his heires assignes executors administrators or possessors are lyable hic cap. 10. Yea the heire in Tayle is chargeable And all obligations and specialties made to the King for any cause shall be of the force of a Statute Staple CHAP. 26. What lands shall bee extended or taken by the Sherife in execution vpon a Statute in case of a common person VPon a Statute Marchant or Staple all fee simple lands which the Conusor had at the time of the Statute acknowledged or at any time after are extendable into whose hands soeuer they shall come In a writ of Debt execution shall be of any land which the defendants had the day of the iudgement giuen Lands intayled are lyable onely duing the life of the Conusor But if he sells the lands then are they liable in the hands of his feoffee A Lease for life or yeares is extendable The wifes lands are extendable during the Couerâ—ure Lands in Ancient Demesne are extendable quaere tamen Copihold lands are not extendable A Rent may be deliuered in Execution But an Anuitie cannot be deliuered in Execution Nor any other thing which may not be granted or assigned ouer Lands come to the Kings hands can not bee extended and so all other the Kings lands are exempted from executions Reuersions and Remainders shall be extended eum acciderint If the Conusor be taken and dyeth in prison yet his lands and goods may be deliuered to the Conusee in execution If the Conusor escapeth out of prison yet his lands and goods may bee extended c. If the lands be in execution to another man or that another is in possession of the land by Discent the Sherife may not put them out of possession without a Scire facias And therefore in such cases the Sherife ought first to retorne such speciall matters vpon the writ de Extendi facias Vide hic retorn de Elegit Goods All the goods and leases for yeares which the Conusor or Debtor had the day of the Iudgement or at the time of the Statute or Recogn ' acknowledged shall be extended by some opinions But yet by the better opinion onely such goods as he had at the day of the execution awarded or sued Plus hic cap. 20. CHAP. 27. Execution vpon a Recognisance VPon a Recognisance the Sherfe is to extend the moytie of all the lands c. which the Conusor had at the time or day of the recognisance acknowledged or at any time after but this is after the Scire facias retorned by the Sherife and thereupon an Elegit awarded to the Sherife And this Extent of the moytie of the lands shall be made by the Sherife by meetes and bounds Also the moyty of the lands which the Sherife hereupon shall deliuer to the Conusee shall be to the Conusee vntill the debt be payd or leuyed at or by a reasonable rate out of the annual rent of the land Also the Sherife vpon a Recognisance is to extend all the goods and chattels of the Conusor except his plow cattell and implements of husbandry And this extent or valuing preising of the lands and goods of the Conusor vpon a recognisance must also be by an Inquisition or Iury of 12. men which the Sherife in such cases must charge to make enquiry according to the writ And if the preisors of the lands or goods scz the Iurors doe ouerualue them then they shall be deliuered to the Preisors and they shall be answerable to the Creditor for the debt as in case of a Statute Merchant CHAP. 28. Execution vpon an Elegit BY force of an Elegit the Sherife may take in Execution deliuer vnto the creditor the one half of all the Lands Tenements and Rents of the Conusor or Debtor at a reasonable extent and all his goods and chattels except his Plow cattell vntill the debt be leuyed vpon a reasonable price or rate scz so that the Conusee out of the goods and yerely rent of the lands may be satisfied his debt in some reasonable time And vpon the Elegit the Sherife may deliuer in execution the moyetie of all such houses lands tenements and rents as the debtor had at the time or day of the Iudgement giuen or at any time after And the execution shall bee made by the Sherife of the moyety of the lands by meets and bounds The Extent or valuation of the lands c. and the appreising of the goods ought to be by a Iury c. for the Sherife himselfe in these and the former cases of a Statute or Recognisance can not appreise the goods nor value and extend the lands neither may he deliuer any goods in execution vpon an Elegit Statute or Recognisance or extend any lands but such as are preised c. by a Iury. But vpon an Elegit if the Lands or Goods be ouerpreised the preisors or Iury are not chargeable nor shall haue the goods deliuered to them as in case of a Statute Note that in all cases where the Sherife is to extend value or preise any Lands or Tenements or any Goods the Sherife and the Iurors may lawfully goe together to the Lands c. to be extended or into the house or vpon the grounds where the goods be and there may value and preise them But the Sherife may not breake open the doores or gates to this purpose Coppihold lands shall not bee deliuered by the Sherife nor extended vpon an Elegit Nor lands in ancient Demesne shall not be
deliuered in execution by force of an Elegit The Lands of a Bishop or Lands which a man hath but during the Couerture may be deliuered in Execution vpon an Elegit Vpon an Elegit if the Sherife shall extend a Lease for yeares the Iury which he shall cause to enquire thereof must finde the beginning of the Lease and also the certenty of the terme to come And this certentie of the Terme ought to appeare vpon the Sherifes retorne of the Inquisition But vpon a Fieri facias the Sherife may extend and sell away the Lease or Terme without reciting any certenty scz the Sherife may in his sale therof recite that the Debtor hath a Terme of such a Close pro termino diuersorum annorum adtunc ventur ' and that he selleth the same to I. S by force of the Furi fac c. But if the Sherife will take vpon him to recite the Terme and recites it falsely and so selleth the same Terme such his sale is void except withall the Sherife selleth also all the Interest which the debtor hath in the same land Also the Sherife ought not or at least needeth not to mention any certenty of the Terme in his Retorne of the Fieri facias but generally quod fieri fecit de bonis catallis c. And the Sherife hath election either to sell quite away a lease for yeares remaining in the debtors hands or else he may onely extend and deliuer the same terme or lease to the Conusee at a certaine yearely value which last seemeth to be the most indifferent course for that there still remaineth a property in the Conusor so as vpon payment of the debt he may haue his terme or lease againe Note that no stay or delay of any execution shal be vpon any writ of Error or Supersedeas except there be security first giuen to the Plaintife in the Court where the Iudgement shall be giuen to prosecute the Writ of Errour with effect to satisfie the debt dammages and costs c. 3. Iacob Cap. 8. Plus hic Cap. 58. CHAP. 29. Execution vpon a Capias ad satisfaciendum VPon this Writ the Sherife must arrest and take the bodie of the partie and put him into prison and there must keepe him without Bayle or mainprise vntill satisfaction or agreement be made to the Plaintife of the whole debt and dammages recouered against him So that if the prisoner doe escape the Sherife must pay the whole debt and dammages except the prisoner be presently taken againe vpon fresh suit Also if the Sherife shall suffer such a prisoner to goe out of prison vpon Bayle or with a Keeper except it bee by the Kings Writ the Sherife shal be answerable for the debt And therefore the Sherife must bee sure to keepe such prisoners safely and may put them in fetters and gyues But if such a prisoner doe escape of his owne wrong scz against the will or without the consent of the sherife or officer then the Officer may take him againe by vertue of the same Writ before the Retourne thereof when and wheresoeuer he can find the prisoner although it bee in another Countie Yea it seemeth the Sherife at any time may take such prisoner making an escape of his owne wrong againe and may keepe his bodie in custodie vntil he hath made his agreement with the Sherife c. Or where such a prisoner doth escape of his owne wrong if hee bee taken againe by the Gaoler c. the prisoner shall remaine in execution for the partie againe if the partie will And yet where a Knight or Bourgesse of the Parliament or other person so priuiledged shall be taken in execution the Sherife ought presently to deliuer such prisoner being sent for by the House c. and the partie may after the Parliament haue a new execution against the Debtor What persons may not bee arrested and taken vpon a Writ of Execution See hic ca. 21. hic infra Such persons as are necessarily attendant in any of the Kings Courts although they being arrested vpon any originall Processe shall be discharged thereof vpon shewing their Writ of Priuiledge yet if they shall bee taken vpon any execution the Sherife ought not to deliuer them vpon their writ of Priuiledge for then the partie should be without remedie Where a man is in the Sherifes custodie vpon an execution the Sherife may not deliuer him nor suffer him to goe at large though with a Keeper vpon any commandement of any of the Kings Courts or Iustices as it seemeth without it be by the Kings writ Plus hic Cap. 21. Yet if one in execution bee suffered to goe at large for a time by the commandement of the Court and by the consent and agreement of the Plaintife and after the prisoner returneth againe this is not any escape But where the Sherife hath one in execution for debt if an Habeas Corpus or Corpus cum causa cometh to the Sherife to haue the bodie at Westminster c. vpon a certaine day heere the Sherife may not onely carrie his prisoner to London through another Countie but the Sherife in these cases may go and take what way or place he shall thinke to be most sure and safe for himselfe and to carrie his prisoner And vpon a Corpus cum causa or a Certiorari c. procured by any person being in execution the Sherife must returne the truth or cause of the prisoners in prisonment that so the prisoner may be remanded c. If the Sherife shall arrest one vpon a Capias ad satisfaciendum and shall not returne the Writ nor satâ—sfie the Plaintife this is an escape and the Sherife is chargeable for the debt neither may the Sherife arrest the party againe for the same cause Vide hic cap. 54. If the Sherife hath arrested one vpon a Capias ad satisfac ' c. and after the prisoner is rescued from him this is an escape and the Sherife is chargeable for the debt Execution vpon a Leuarifacias Vpon a Leuari facias the Sherife cannot seise the lands and deliuer them to the party but he is onely to take the corne grasse and other profits growing vpon the lands and the goods and chattells of the debtor and may deliuer them to the party and the Sherife may take the Rents payable by the tenants in execution of the debt and bring them into the Court. Note that the Sherife in debt may deliuer any land whatsoeuer that the party had the day of the Iudgment giuen or at any time afâ—er into whose hands soeuer they shall come But as to Chattells the execution shall be of such onely as the party defendant had the day of the Execution sued scz the day of the Teste of the writ of execution So that if the defendant shall sell his goods bona fide after iudgement and before the writ of execution sued those goods are not to be taken by the Sherife
nor liable to the execution But if the defendant hath sold his goods by Couin after the Recouerie or writ of Execution sued there the Sherife may take those goods in execution See hic cap. 61 CHAP. 30. Execution vpon a fieri facias VPon a fieri facias the Sherife is onely to take in execution the goods chattels of the defendant scz his leases for yeares of houses or lands and his corne growing or sowne vpon the land or his moueable goods as corne in the barne cattell houshold-stuffe money plate apparrell c. And here the Sherife may either keepe the goods himselfe making his retorne accordingly or the Sherife may deliuer the goods or money for the same being sold to the plaintife in execution or rather the Sherif may sel the goods and bring the mony into the Court and so the Court to deliuer it to the Plaintife And vpon the fieri facias the Sherife needs not to preise the goods by a Iury but the Sherife himselfe may sell the goods as well as he can and yet to preise them by a Iury and then sell them is more indifferent and safe Vpon a Fieri facias the Sherife may sell a Lease or Terme for yeares without enquiry of the value by a Iurie Note that the Sherife is commanded and compelled by this writ of fieri facias to sell the goods of the defendant And the property of the goods seised by the Sherife vpon this writ are not altered by the seisure but by the Sherifes sale thereof For the words of the Fieri facias be Praecipimus tibi quod de terris catallis praed ' I.S. fieri fac ' C.s. Et illos habeas c. ad respond c. And here though the iudgement be afterwards reuersed in a writ of Error yet the defendant shall haue no restitution of his goods but onely shall haue the value thereof as they were sold and the buyers thereof shall quietly enioy them because the Sherife had lawfull authority to sell them Vpon a fieri facias come to the Sherifes hands against A. If A. shall happen to die before the writ be executed here the Sherife may execute the writ vpon the Executors or Administrators of A. Or the goods of A comming to the hands of any stranger the Sherife may leuy or make Execution of these goods in the hands of the stranger But the Sherife or other Officer must be carefull that they take none but the defendants or debtors owne goods in execution for though they shall finde them in the possession of the defendant yet if vpon triall they shall be found to be none of the defendants goods then the Officer which shall take any such goods in execution is punishable and chargeable to the right owner of the goods If therefore it shall bee doubtfull to the Officer whether the goods bee the defendants or no let the Sherife take heed that he retorneth not that he hath taken so much goods of the defendants and that he hath Denarios illos paratos ad reddend c. for so he may be charged double for them scz both to the Plaintife and to the defendant for the same goods But let the Sherife either keepe the goods himselfe vntill the parties bee agreed Or else let the Sherife take securitie of the Plaintife to saue him harmlesse c. And to stay the retorne of his writ vntill he be well aduised what to doe therein Or rather where the property of the goods is doubtfull it is safest for the Sherife either not to meddle at all with such goods as shal not plainly appeare to him to be the proper goods of the defendāt or else to enquire by a Iury in whom the property of the goods be for the Sherife or Officer at his perill must take knowledge in whom the property is but being found by the Iury it excuseth the Sherife Also if the Officer shall attach goods which are not the proper goods of the defendant or shall arrest one man for another of the same name in both these cases the Officer is a Trespasser Goods gaged or pawned for debt can not be taken by the Sherife in execution nor goods demised or letten for yeares nor goods distreined Vpon a fieri facias if the Sherife shall leuy the money and shall keepe the same in his hands still the partie Plaintife may haue his action of account against the Sherife And if the Sherife shall returne fieri feci sed non inueni Emptores then a venditioni exponas shall goe out mes la party nauera vnques vn nouel Execution Note that vpon a fieri facias to leuy xx.l. if the Sherife retorneth fieri feci x.l. quàs habeo ad diem c. at which day he hath not the money and then a new Sherife is chosen here the Plaintife shall recouer that x. l. against the old Sherife c. CHAP. 31. Summons ALl Writs or Processe concerning the Common Law shall be awarded vnder the great Seale of England and shall bee made out in the Kings name onely Summons is a writ directed to the Sherife commanding him to bring in the party by a day or to cite or warne the defendant or tenant to appeare at a certen day to answer to the plaintife or demandant This Summons ought to bee made by or in the presence of two Summoners at the least being neighbours liberi legales In Reall actions the Sherifes order to execute this processe of Summoneas is to goe himselfe or to send his baylife to the land with the Summoners and there to cite or warne the tenant or party by sticking vp of a white sticke in his land which being done the Sherife must retorne two common Pledges for the Plaintife and then the names of the Summoners thus Responsio A. B. vic' Com' infrascr ' Pleg ' de prosequendo Iohannes Doo Richardus Roo See hic cap. 45. Summonit ' infranom ' I. S. the defendant Rich. Den. Hen. Fen ' This Summons or warning of the defendant to appeare and answer c. is so necessary by the Common Law as that without the same all the proceedings yea and the Iudgement after are oftentimes made frustrate and besides the Sherife subiect to punishment In Reall actions the Sherife or his Officer must summon the tenant or defendant vpon the land demanded be he tenant thereof or no and this summons to the tenant must be first to keepe his day of the retorne naming that in certen to answer to the demandment c. Secondly to shew the name of the demandant And lastly to name the land in demand And in writs of Summons the Sherife may not alledge or retorne Non tenancie in him whom the writ supposeth to be tenant In a Petite Cape the Sherife must summon the tenant to answer to his default onely But in a grand Cape the tenant shall be summoned to answer to his default and further to the demandment And
defendant be not taken nor yeelds himselfe in the meane time This Processe is to take the bodie of the Defendant And vpon this Capias ad Respondendum the Sherife c. shal first arrest and after imprison the partie or else must take bonds of him with good Sureties for his appearance c. The forme whereof See hic Cap. 97. Where the Sherife hath arrested one by force of his Writ if the Plea shall happen to be discontinued by the Kings death or otherwise the Sherife may there suffer such his prisoner to go at libertie without danger Note that if the Pluries be not serued it is a contempt in the Sherife wherupon an Attachment lieth against him CHAP. 34. Venire facias THis Writ is of two sorts most vsuall The one is to cause the partie scz the Defendant to come in and answer c. And this is but as a Summons and vpon this if the Defendant be returned sufficient and maketh default then a Distringas shall goe out but vpon a Nihil returned a Capias Alias and Pluries goeth out Vt supra The other is to cause the Sherife to impannell and returne a Iurie Vpon the Venire facias Iuratores which also is but as a Summons if the Sherife shall returne the names of the Iurie and they doe not appeare at the day then shall goe out an Habeas corpora Iuratorum and after that a Distringas Iuratores to distreyn them vntill they come c. scz a Distringas infinite There be diuers other sorts of this Writ as you may see in the Register amongst the iudiciall Writs Plus hic Cap. 78. CHAP. 35. Distringas THis Writ is directed to the Sherife commanding him to destrein the partie Defendant or the Iurie for his or their appearance c. Or to distreine one for the Kings debt A Distringas for the appearance of the partie to come and answer shall go out infinite scz vntill the partie commeth in and appeare The partie as also the Iurors by vertue of this writ are to be distreined by their goods and by the issues of their lands to come c. The which they shall lose and forfeit to the King if they come not The wife shall be distreyned by the goods of her husband which shall bee returned by the Sherife in issues For the Sherifes distreyning of the Kings Debtors see hic Cap. 10. There be also diuers other sorts of this Writ of Distringas in the Register amongst the iudiciall Writs Plus hic retorn ' de Distring ' ca. 56. 78. Note that this Distresse infinite seemeth to be at the Common Law in stead whereof the grand Distresse is now giuen in diuers cases by statute by which Writ the Sherife is to distreine the Defendant by all his goods and chattells and also to answer to the King the issues of his lands And the said writ is to be read and openly proclaimed in the Countie Court that the Defendant come in at the day contained in the writ to answer to the plaintife c. And the Sherife is to make returne of the same Proclamations c. Vide hic cap. 102. CHAP. 36. Returne of Writs NOte that in the execution of all Writs and Processe the Sherife must obserue two things First he must in euerie behalfe do al that which he shall be commanded by the writ it selfe may proceed no further nor otherwise than the writ authoriseth him Secondly the Sherife is to returne the same writ into the Court whence the writ came These Returnes are nothing else but the Sherifes answers certifying the Court touching that which they are commanded to doe by the Kings writ and are to ascertaine the Court of the truth of the matter And these Returnes seeme to be the most difficult things belonging to their office for the Sherife must bee verie carefull and circumspect that he makes these Returnes according to Law both for substance and forme otherwise hee shall not onely indanger himselfe to be amerced or sued for the same but also he shall indammage the parties may hazard the cause or suit it selfe For the manner and forme therefore of Returnes of writs you must obserue these Rules 1 First the Returne must be made according to the antient course Presidents and by the vsuall words And therefore in a Praecipe quod reddat or in debt if the Def. yeelds the land or payeth the money yet these are no good Returnes Hic Cap. 56. 70. 78. Also omission of words vsuall maketh the Returne voyd As Residuum huius breuis for Residuum executionis huius breuis Scire feci A. quod sit coram vobis omitting these words Ad faciendum quod breue requirit 2 The Returne ought to answere the point of the Writ As where a Scire facias is to warne the heire of the lands of M. the Sherife must not returne that hee warned the heire of the said M. but he must returne him heire of some lands according as the writ requireth 3 It ought to bee certaine in the yeare day and place and in the person yea it ought to be certaine to euerie intent And yet these or the like words in the Returne scz Prout or secundum quod or ad faciendum quod istud breue exigit requirit do oftentimes helpe the incertaintie 4 The Returne must be true 5 It must not be repugnant 6 It must not be double 7 It must not bee contrarie to the confession of the partie 8 It must not be contrarie to the verdit of the Iurie 9 It must not bee contrarie to the Writ or Record 10 It must not bee contrarie to a former Returne made by himselfe or by his predecessor except in some speciall cases See hic Cap. 44. 11 It would be in true and good Latine 12 Also the Sherife is not to return any thing which should come in by the challenge of the parties 13 And yet Surplusage in a Returne doth not make voyd a Returne for as to the Surplusage the Court taketh no regard 14. The Sherife ought not to returne Resistance nor a Rescous for that in such cases he should haue taken Posse Comitatus except where the Rescous c. were to the Bailife of a Libertie or where the Returne is That the partie was rescued per ignotos for there it appeareth not that the Sherife can haue any remedy against the offenders quaere Also in a Repleuin he ought not to retorne that the cattell are in a Castle Fort or Park so that he could not make deliuerance Causa qua supra 15. He might haue retorned vpon a Capias that the party had taken Sanctuary but this priuiledge of Sanctuary is now out of vse 16. He may retorne that the party is fled into such a Libertie and there continueth so as hee can not take him Yet in this case if the king be a party the retorne is not good for there the Sherife must enter the liberty and
habent bona seu catalla de bonis suis proprijs in balliua sua vnde c. Vpon a Fieri facias against Executors the Sherife retorneth that they haue sold the goods c. this is no good retorn for the Sherif should haue taken other goods of the Executors to the value thereof So it is no good Retorne that all the Executors saue one haue nothing for the Sherife ought to make Execution of that which is in the hands of that one Executor Vpon a Deuastauit found and iudgment giuen against Executors the Sherife vpon a Scire facias against the Executors may seise the proper goods of the Executors if there be not sufficient of the Testators goods So if the Executors shall pleade Ne vnques Executor and that be found against him and iudgement thereupon giuen c. Plus hic cap. 61. CHAP. 37. Where the Sherife shall be amerced or otherwise punished for his Retorne IT appeareth in the former Chapter that if the Sherifes retornes bee not made according to Law both for substance and forme the Sherife shall bee punished So if the Sherife shall make no retorne of the writ in most cases hee is punishable hic cap. 38. So if hee shall not make a due Retorn of euery writ that shal be deliuered to him So if his Retorne be incertaine or otherwise insufficient So if he shall make any false Retorne If he returnes a Capi corpus or reddit se and hath not the body at the day of the Retorne he shall bee amerced And if it be vpon a Capias ad satisfaciendum and the Sherife retorneth Câ—pi corpus and hath not the body at the day he shall not onely be amerced but also he shall be chargeable to pay the whole debt If vpon a Fieri facias the Sherife returneth Fieri feci c. and hath not the money in Court at the day of the Retorne of the writ he shall bee amerced and yet he might haue paid the money to the Plaintife and so haue made no retorne See hic cap. 30. 38. Vpon a Fieri facias he Sherife returned that he hath leuyed 20. l. but that he durst not bring it c. for feare hee should haue beene robbed thereof and he was amerced for that he had not the money in the Court at the day c. If the Sherife retornes that he could not execute the writ for Resistance hee shall be amerced So if vpon a Repleuy hee retornes that the cattell be in a fort or Castle so as he cannot deliuer them So if he retornes small or no Issues vpon the defendants So if he retornes not issues vpon Iurors according to the Statutes So for not retorning Pledges The high Sherife shall also bee amerced or punished for the default of his Vndersherife in making insufficient retornes c. He shall also be punished for the default of his Baylife or other Officer But for the defaults of Baylifes of Liberties the Sherifes at this day shall not be punished for any insufficient or false retornes of writs made by such baylifes of Liberties but the amerciaments shall be set vpon the Baylifes heads An Exigent which was deliuered to the Sherife of Record was imbeaseled and the coppy thereof was retorned by the Sherife and he was amerced for the retorne of the coppy at 30. l. and for the imbeaseling thereof at 20. l. The Sherife for making a false retorne of an ExigeÌ„t was amerced at 50. markes CHAP. 38. Where the Sherife maketh no Retorne IF a Capias or other meane Proces be executed and not retorned the arrest is tortious and the Officer is punishable So if the writ be misretorned as if the Baylife arresteth a man by vertue of a warrant from the Sherife and after the Sherife retorneth Non est inuentus In case of Redissesin or Vtlary if the Sherife shall not retorne his writ the Sherife shall bee amerced for such his fauxity and concealment For note that vntill the writ bee retorned the suit is not said to be depending nor the Kings courts can not hold plea of the matter and therefore vpon the originall writ retorned Tarde an Alias Pluries shall goe out of that Court where the originall is retorned Teste the Chiefe Iustice for that by the Retorne the Court is possessed of the suit but if no retorne be made the Alias and Pluries shall goe out of the Chancery from whence the first originall came And the third writ not being retorned by the Sherife scz the Pluries it is a contempt whereupon an attachment lyeth against the Sherife Vpon a second deliuerance if the Sherife shall deliuer the cattell to the Plaintife and shal not retorne the writ the defendant shall haue his remedy against the Sherife And yet in some case the Sherifes retorne is not so needfull And therefore in all writs of Execution except an Elegit as vpon a Capias ad satisfaciendum fieri facias habere facias seisinam vel possessionem Liberate c. if the execution be duely done although the writ be neuer retorned it is no great matter if so be that the Plaintife hath his demand scz his money payd him by the Sherife or his seisin or possession of his lands c. deliuered to him by the Sherife Also where no Enquest is to be taken but onely land scz seisin or possession of land to bee deliuered or goods to be sold c. which are but matters in fact these are good although the Writ be not retorned But in case of an Elegit c. where the Extent or preising or valuation is to be made by an Enquest and not by the Sherife alone that ought to bee retorned by the Sherife Vpon a Fieri facias if the Sherife leuyeth the debt but neither retorneth the writ nor payeth the money to the Plaintife the Sherife is subiect to the action as well of the Plaintife as of the defendant besides he shall be amerced and yet the leuying of the debt was lawfull and the sale of the goods by the Sherife by force of the Fieri facias is good though the writ bee not retorned Also there bee some other Writs which need not to be retorned as the writ de Returno Habendo is not retornable Vpon a recouery in a Quare impedit the writs awarded to the Bishop to remooue the Incumbent or to admit the Clerke of the Plaintife are not retornable And so in other cases except the writ requireth it the Sherife needeth not to make retorne thereof Note that if the writ bee retornable the day of the retorne is also appointed in the writ Also all writs of Iusticies or Viscountiel writs are not retornable Hic cap. 113. In some cases also although the Sherife executeth not the writ but excuseth it by his retorne it is good As. In a Repleuin the Sherife retorneth that the defendant claimeth propertie Hic cap. 70. In a Natiuo habendo the Sherife retorneth that the villain
alledgeth himselfe to be a free-man Hic cap. 67. So where the Sherifs of London retorne their custome Or the Sherife of any County Pallatine retorne that they haue a Countie Pallatine within themselues So where the Sherife of any County returneth Mandaui balliuo Libertatis qui nullum dedit responsum c. Hic cap. 39. So where the Sherife retorneth that the Plaintife non inuenit Plegios de prosequendo hic cap. 45. So where the Sherife retorneth Tarde ibid. CHAP. 39. Retorne de Mandaui balliue Libertatis AS the Sherife is the immediate Officer of the King and his Courts to execute all Writs and Proces so to him all their writs shall be directed although it be of a matter scz of land or other thing in suite or a thing done within a Liberty or Franchise in which cases the Shdrife must write and send his Precept to the Baylife of the Libertie who must serue and execute the same and must make answer or tetorne thereof to the Sherife but the Sherife himselfe must make the Retorne of the writ into the Court And yet in a writ of Redissesin and in a Writ to enquire of wast and such other writs wherein the Sherife is made a Iudge of the cause there the Sherife must enter the Franchise and execute such writs himselfe and may neither write to the baylife of the Libertie to execute it nor may retorne Mandaui balliuo c. And so it is in other cases as where the King is a party or the baylife of the Liberty a party or vpon the default of the baylife of the Liberty c. See hic cap. 40. For the formes of the Sherifes Precepts or Warrants to bee made to the baylife of the Liberty they are to bee made like to those which are made by the Sherife to h s other baylifes which see hic cap. 2 Sauing that where those are directe Balliuo Hundred de c. these are to be directed balliuo Libertatis de c. Now after that the Baylife of the Liberty hath retorned his answer to the Sherife then the Sherife must make the retorne of the writ and of the baylifes answer in these or the like words Qui quidem balliuus mihi sic respondit c. according to the Baylifes answer But the Sherife may make no other retorne but according to that which the Baylife of the Libertie shall certifie him And yet if the baylife of the Libertie shall make an insufficient answer or shall make no answer to the Sherife them the Sherife may make his retorne of the writ in this manner scz Mandaui balliuo Libertatis de c. Qui mihi nullum dedit responsum c. For the manner and forme of such retornes de Mandaui balliuo Libertatis c. You must obserue these things or rules in the Sherifes retorne 1. First the Sherife shall doe well to shew cause in such his retorne scz Eo quod praed ' terr' tenemēt ' sunt infra Libertatem de c. 2 Or else the Retorne must haue these words or the like Qui habet retorna omnium breuium executionem eorundem infra libertatem praedictam 3. Hee must shew in his Retorne whose the Liberty is or who is Lord of the Franchise or Libertie 4. He must shew or set downe in his retorne the names of the baylife of the Liberty scz his Christian name or surname Hic cap. 53. 5. Also where the Sherife retorneth Mandaui balliuo libertatis c. he must retorne further Eo quod nihil habet inballiuam meam 6. Also there must be such a Liberty within that County for if the Sherife shall retorne Mandaui balliuo Libertatis where there is no liberty he shall be grieuously punished Againe the Liberty must haue retorne of writs Reuera sub poena vt supra And therefore it is needfull for the Sherife to haue a note out of the treasury of the Eschequer of all the Liberties within his County which haue retorne of writs If the Baylife of the Liberty vpon the Sherifes precept shall not execute the writ That being retorned by the Sherife then there shall goe out a non omittas propter libertatem commanding the Sherife to execute the same himselfe and there the Sherife is to enter the Franchise himselfe and withall is to warne the baylife of the Liberty to appeare and answer his default before the Iustices at the day contained in the writ There should or ought to be indentures made betweene the Sherife and the baylife of the Liberty of euery retorne which such baylife shall make And this is to the intent that the Sherife should not change the retorne made by such baylife which if the Sherife doe he is punishable But the Sherife cannot serue or execute a writ in part and write to the baylife of a Liberty to execute the other part but one of them must execute the whole in most cases because the writ is entier c. As vpon a venire fac ' Iurator ' or a Distring ' Iurator ' or a Habeas corpora Iurator the Sherife cannot retorne part of the Iury and the Baylife of the Liberty the other part And yet vpon a Capias in debt against three the Sherife may retorne that he hath taken two of them and that he hath written to the Baylife of the Libertie c. to take the other defendant And if the land in question doe lie part within a Franchise and part in Guildable there the Iury shall be retorned part by the Sherife and part by the baylife of the Franchise If the land in demand doe lye in 2. Franchises the Sherife must make his precept to each baylife Note that such part of the County as is contributory among themselues to pay Common charges is called the Guildable and if there be any speciall Libertie that is called the Franchise Also wheresoeuer the Sherife hath serued the first writ he cannot after write to the Baylife of the Franchise Nor returne Mandaui balliuo libertatis c. except it be in some speciall cases or that the Sherife in his retorn sheweth and certifieth some speciall cause thereof And herein this difference may be taken scz betweene a thing permanent and a thing remoueable For of a thing permanent as in a Precipe of land if the Sherife serueth the first proces he ought not after to make his precept to the baylife of the Liberty for by his seruing of the first proces he hath affirmed the land to be within his iurisdiction But of things remoueable as in debt or trespasse c. the Sherife may serue the proces at the first and when it commeth to the Capias the Sherife may make his precept to the baylife of the Liberty to take the body for that the body is remoueable c. Also the venire fac ' Iurator ' may be serued by the Sherif◠and vpon the habeas corpora Iurator ' he may write to the baylife
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
habet retorn ' Maudaui balliuo c. ad capiendum arrestand ' infranom ' I. S. Qui quidem ballinus nullum mihi adhuc dedit responsum Or Qui mihi respondit quod infranom ' I.S. non est inuentus in balliua sua Or thus Qui mihi respondit quod cepit corpus Infranom ' I.S. cuius quideÌ„ corpus ad diem locum infracon ' parat habet ad faciend ' ea omnia quae istud breue in se exigit requirit Vpon a Capias against a Clerke what retorne the Shriefe may make Clericus See hic cap. 36. Where there bee two or diuers of name See hic cap. 61. how to make the Retorne CHAP. 54. Capias ad satisfaciendum VIrtute istius breuis mihi directi Cepi corpus Cepi corpus infranominati I.S. cuius corpus ad diem locum infracontenta paratum habeo c. A.B. Armig ' vic' But where the Sherife retorneth Cepi corpus vpon a Capias ad satisfac ' he must be sure to haue the body in Court at the day otherwise hee is chargeable for the whole debt If the Sherife hath taken the body in Execution and after a writ of Praerog de habeas corpus out of the Exchequer â—r any other like writ out of any other Court shall come to the Sherife against the same prisoner so that the Sherife is thereupon to bring in the body he must in his Returne shew the cause of the imprisonment or deteyner of the prisoner that so he may beremanded or els committed to some other prison vpon the execution and so shall the Sherife be discharged And if a man be in prison for felony and be atteinted and after a Capias ad satisfac ' c. commeth to the Sherife against the prisoner he may retorne that the party is atteinted and that therefore he cannot take him in Execution Or the Sherife if he will may serue the execution but then he must be sure to keepe the prisoner notwithstanding any pardon of the felonie Vpon a Capias ad Satisfac ' Non est inuentus Non est inuentus is a good retorne Note that vpon the Capias ad Satisfac ' if the execution be duely done by the Sherife Nul Retorn and that the Plaintife hath his demand the Sherife needs not to retorne this writ Plus hic cap. 29. Capias vtlagatum Virtute c. Cepi corpus Cepi corpus I.S. infranom ' cuius corpus coram Iustic ' infrascript ' ad diem locum infracontenta parat ' habeo prout interius mihi precipitur Residuum execut ' istius breuis patet in quadam Inquisitione huic breui annex ' ss Inquisitio Indent ' capta apud c. Qui dicun ' super Sacrament ' suum Quod I. S. in dicto breue nominat c. Also vpon a Capias vtlag Non est inuentus Non est inuentus is a good returne Infranomin ' I. S. Non est inuentus in balliua mea Resid ' execut ' istius breuis patet in quadam Inquis c. For note that vpon a Capias vtlagat ' whether the Sherife retorneth a Caepi coâ—pus or a Non est inuentus he must also enquire by a Iurie of twelue men what lands or goods the party vtlawed had within the Countie the day of the vtlary or at any time after And the Sherife must retorne the Inquisition thereof made vnder his owne seale and the seales of the Iurors But the Sherife may not arrest or take the body of one that is vtlawed in any personall action without the writ of Capias vtlag ' first deliuered to him except where the party is vtlawed for felony or Treason Vpon the Capias vtlagatum if the party be found the Sherife shall take and put him in prison without bayle And vpon the Capias vtlagat ' the high Sherife shall do well to take bond of his Vndersherife or Baylifes with condition to bring the defendant to prison if he be arrested or taken For that diuers Vndersherifes and Baylifes if they haue taken a man vpon a Capias vtlagat ' they first take money of the Plaintife to take the defendant and after the defendant being taken they take money of him to let him goe againe they pretending that it is to reuerse the vtlary which they haue nothing to doe withall but are onely to imprison him Also vpon the Capias vtlagat ' tbe Sherife may seise and keepe his goods c. See thereof Plus hic cap. 15. The Sherife may retorne vtlary vpon an Enfant if he be aboue the age of 14. yeares And being taken the Sherife may imprison him and may seize his goods CHAP. 55. Capias ad valentiam VPon this writ the Sherife is to summon the defendant scz the vouchee to be before the Iustices at the day mentioned in the writ c. And he is to retorne the names of the Summoners with the writ The Sherife also is vpon this writ to seise the lands of the vouchee scz to such a proportion as the writ mentioneth into the Kings hands by the view and valuation of neighbours or other lawfull men of that County and is to retorn the certeinty of those lands and the day of such his seisure together with the names of those veiors and of the Summoners vnder his seale And this seisure must bee of such lands and tenements of the vouchee as he hath in fee simple by purchase discent or otherwise Vpon this writ against diuers the Sherife retorned that one of them had nothing c. And that of the other hee had taken according to the proportion but for that the Sherife cannot apportion without a warrant he was amerced Couenant In breue de Couenant Couenant whether it be to leuy a Fyne or otherwise the Sherife may make his Retorne thus Plegij de presequendo Ioh. Doo Rich. Roo Summonitores infranominati I. S. the Defendant I. R. W. G In a writ of CouenaÌ„t to leuy a Fyne Nihil Nihil seemes to bee no good retorne for the Sherife ought to summon him in terra petita In other writs of Couenant Nihil is a good retorne In writs of Couenant the Sherif may summon the Defendant by his person CHAP. 56. Retorn ' breuis Originalis in Debt Debt Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores Infranominat I.S. the Def. H R. W. G. A. B. Armig ' vic' And if the defendant be insufficient then the retorne must be thus Plegij de prosequendo Ioh. Doo Rich. Roo Infranominatus I. S. nihil habet in balliua mea per quod summoniri potest In this writ Nihil habet is a good retorne without saying Nec habuit post receptionem breuis or Nec habuit die quo c. for that shall be intended But in this writ it is no good retorne that the defendant hath payd the debt Hic cap. 36. Detinue In Detinue
the parcells que omnia obtuli deliberare c. but she refused it this is repugnant and void If the Sherife shall deliuer to the wife the moyty of the land in execution for the third part there seemes no remedy against the Sherife but a Scire fac ' against the wife In this writ it is no good Retorne for the Sherife to alledge Nontenancie in him whom the writ mentioneth to be tenant Note that the Sherife may execute this writ scz may assigne the thirds to the wife himselfe without any Iury. Retorn ' breuis ad Inquirendum de dampnis in Dote Executio istius breuis patet in quadam Inquisitione huic breue annex ' Inquisitio Indentat capta apud c. â—oram c. per Sacramentum c. Qui dicunt c. Quod infranom ' I.D. tali die Anno loco obijt seisitus c. de in Tenementis infraspec ' quod tenementa praed ' valent per annum c. Et quod sex Anni 3. quarters Anni delabuntur a tempore mortis pred' I.D. quod A.D. infranom ' sustinuit dampna occasione dotis suae infraspec ' ad valenc ' x. l. In cuius rei testimon ' c. Vpon the writ to enquire of dammages if the Iury will finde no damages and the Sherife maketh his retorn accordingly though the Retorne bee not good yet the Sherife shall not bee amerced for this default of the Iury. Retorne de breue de Droit A writ of Right the writ was that the Sherife should retorne 4. knights to choose the grand Assise retornable such a day and the Sherife retorned that there were no Knights but Burgesses and the Sherife was therefore amerced for in such case the Sherife was to retorne them Knights though they be no Knights See hic cap. 86. And yet in a writ of Right the Sherife retorned two Knights and two Esquires to choose the grand Assise and this was holden a good Returne so as the Sherife returneth That there were no more Knights within the same Countie But by others if they were not all Knights the Sherifes Returne was without Warrant and yet it seemeth that the Sherife may return others in default of Knights Hic cap. 86. If there be not so many Knights in the Countie as the Sherife shall haue in command to return or to summon the Sherife may returne that there are not so many Knights in his Countie A writ of Right was brought in the Lords Court and remooued by a Tolt into the Countie Court and after by a Pone it was remooued out of the countie in Banco and thereupon the Sherife returned the Writ of Right and the Pone but not the Tolt and it was holden that the Sherife needeth not to returne the Tolt CHAP. 57. Aetate probanda IN this writ directed to the Sherife to enquire of the age of the Kings Ward euerie one that shal passe in that Enquest must bee of the age of fortie two yeres at the least And there ought to be twelue of the Iurie as in al other Enquiries And the heire is to informe that Enquest by certaine signes and tokens of the time of his birth c. which signes so giuen in euidence shall be returned by the Sherife as well as the principal matter Quaere for the vse Eiectione firmae Plegij de prosequendo Ioh. Doo Rich Roo Infranom ' I. S. attachiatus est per centum oues pretij viginti librarum Or Infranom ' attach ' est per pleg ' B.C. D.E. Infranom ' I.S. Nihil Nihil habet in balliua mea per quod attachiari potest CHAP. 58. Returne de Elegit VIrtute istius breuis ego A. B. Vic' Com' infrascript ' tali die an' Liberaui I. B. medietatem Manerior ' in Inquisitione huic breui confut ' specificat ' cum pertin ' Elegit per extent ' in dicta Inquisic ' fact ' Tenend sibi assign ' suis vt liberum tenementum suum quousque idem I.B. debitum dampna sua infrascript ' leuauerit prout interius mihi praecipitur A.B. arm ' Vic' Executio istius breuis patet in quadam Inquisic ' huic breui annex A.B. ar ' Vic ' Aliter Inquisitio indent ' capta apud c. per Sacram ' c. Qui dicunt super sacram ' Quod B. C. in breui praed nomin ' tali die anno fuit seisitus in Dominico suo vt de feodo de in vno messuag ' vocat ' c. iacent ' c. modo in occupatione A.I. vid. clari annui valoris c. xl s. Ac etiam de in vno alio messuag ' c. Quae omnia singula praed B.C. nuper perquisiuit sibi haered suis de c. Quod quidem messuag ' in tenura praed A.I. vna cum c. cum pertin ' pro medietate omnium terrarum tenementorum praedict ' Ego praed Vic' deliberari feci I. B. in breue praed nominat ' Tenend sibi c. quousque debitum suum de C.li. vna cum xx s. pro dampn ' c. leuauerit prout c. Et vlterius Iurat ' praedict ' dicunt c. Quod praedict ' B. C. Nulla alia sine plura habet bona aut catalla terras siue tenementa in Com' praedict ' ad eorum noticiam In cuius rei testimonium tam ego praefatus vic' quam Iurator ' praedict ' huic Inquisitioni sigilla nostra alternatim apposuimus die anno loco supradict ' c. A.B. Armig ' Vic' What lands and goods the Sherife may take and deliuer in execution vpon an Elegit and in what manner see hic cap. 28. Vpon the Elegit the extent and valuation of the lands and the preising of the goods must bee by an Enquest of twelue men Also the Sherife is to make execution by meets and bounds See Plus hic cap. 28. Note that if the land be in extent or alreadie taken in execution and then an Elegit commeth to the Sherife at another mans suit yet the Sherife may seise and deliuer the same lands againe to the last man vpon the Elegit scz the reuersion thereof Tenendum c. cum acciderit Or else the Sherife may onely extend and value c. the land and returne the same valuation and shew further that he did not or cannot deliuer the same to the Plaintif or make execution thereof for that another had the same in execution before But for the other moitie of the land which was not extended c. to the first man vpon his Elegit the Sherife may presently seise deliuer the same to any other person vpon another Elegit or execution comming afterwards to the Sherifes hands together with the reuersion of the first moitie cum acciderit Vpon the Elegit Nihil or Nulla bona is a good Returne Also the Sherife may returne the extent
for lands Et nulla bona Or the Sherife may returne the Extent of goods and not lands He may return Mandaui balliuo libertatis c. Vpon an Elegit the sherife deliuered the lands in execution without making seuerance and vpon complaint thereof to the Court another Writ went to the Sherife to make Seuerance A Writ of Extent awarded in the time of one King and executed by inquisition but before the returne thereof the King dieth and after the Sherife returneth the Extent c. quaere if such returne be not without warrant Vpon the Elegit for that vpon the Inquisition it appeared that the Defendant had conueyed his land to another vpon condition c. and yet took the profits the Sherife thereupon returned That he and the Iurie were in doubt whither the land were extendable and prayed the aduise of the Court therein Note That vpon an Elegit against one that hath two Mannors the Sherife may deliuer the one Mannor to the Plaintife in the name of the moitie of all and is not bound to deliuer the moitie of each Mannor And so of two acres of land but this seemeth to bee where the two Mannors c. bee of equall yearely value Breue de Estrepement Estrepement Note that the Sherife by force of this Writ may resist them which are about to make Wast and if otherwise he cannot stay or refraine them from making Wast he may imprison them or make his Warrant to others to imprison them and if it be needfull hee may take Posse Comitatus for his or their aid Extent Extent sur Recogn ' ou Statute Virtute istius breuis c. Cepi corpus infranom ' I.S. cuius quidem corpus ad diem locum infracontent ' parat ' habeo prout interius mihi praecipitur Residuum execut ' istius breuis patet in quadam inquisitione huic breui annex ' A.B. Armig ' Vic. Inquisitio indentat ' capta apud c. 4. die Aug. Anno c. coram c. virtute breuis Domini Regis mihi direct ' huic inquisic ' annex ' per sacrament ' c. Qui dicunt super sacram ' Quod B.C. in breue prad nom ' die recog ' debit ' in eodem breue specificat ' fuit seisitus in Dominico c. de et in manerio de A. in Com' praed clari annui valoris in omnibus exitibus vltra repress C. li. ac de et in Manerio c. Et vlterius iurat ' praed super sacram ' suum pÌ„d dicunt quod praedict ' B. C. die Recog ' debit ' pÌ„dici ' seu vnquam postea nulla alia c. ad eorum notitiam quod extendi appreciari aut in Manus dicti Domini Regis cepi aut seisiri possunt Quae quidem maneria Terr' et Tenementa praedict ' cum pertin ' ego praefatus Vic die captionis huius Inquisic ' cepi in manus dicti Domini Regis per extent ' praedict ' In cuius rei testimon ' c. I.S. infranom ' non est inuentus in balliua mea ideo ipsum capere non possum ad praesens Sed quoad extend et appreciand omnia terras et catalla ipsius I.S. iuxta formam istius breuis executio inde patet in quadam inquisic ' huic bri ' consut ' Quae quidem terr' et catalla in dicta inquisit ' content ' in manus Domini Regis seisiri feci I.S. infrascr ' non est inuentus in balliua mea Et vlterius certifico quod seisiri feci in Maner ' Domini Regis Manerium c. in inquisic ' huic breui consut ' spec ' prout interius mihi praecipitur Residuum execui ' c. Vpon an Extendi facias vpon a Statute Merchant the Sherife may return that the partie non est inuentus and that he hath extended the land and deliuered the same to the Plaintife Vpon an Extent of a Statute staple which is to take the bodie and to extend the lands and goods the Sherife returned that hee hath extended the land but speaketh not of the goods and though this be but part of that the Sherife was commanded to doe yet it was holden to be good for the land Vpon an Extendi facias vpon a statute Merchant the Sherife returned that he had extended the lands but did not returne that he had deliuered them to the Plaintife whereupon hee should haue beene amerced Vpon an Extendi facias vpon a Statute Staple the Sherife extended the lands of the Defendant and preised his goods and seised them into the Kings hands according to the Writ but deliuered them not to the Plaintife which he indeed is not to do vntill the Liberate commeth to him although he ought to haue returned that extent and preisement and after a Writ of Praerog ' came out of the Exchequer commanding the Sherife to leuâ—e first an hundred pounds for the King c. and the Sherife returned the speciall matter vpon the Writ out of the Exchequer Et ideo nihil inde fecit c. and the Sherife was therefore amerced and was compelled to returne the Extent in the Exchequer for the Kings Debt Otherwise vpon an Extendi facias the Sherife may returne the special matter scz That he cannot make execution for that another hath those Lands in execution by force of an Elegit c. or for that another is in by discent c. for that they are not to bee put out of possession without a Scire facias Vpon an Extendi facias vpon a Statute it hath beene holden a good returne that the partie hath no land but onely in antient Demesne Quaere vide hic cap. 26. Vpon an Extendi facias sued by two vpon a statute the Sherife returned That one of the Plaintifes was dead and good Or the Sherife may returne the Conusor Mortuus Vpon an Extendi facias the Sherife returned that the Conusor was dead and also an Inquisition of the Extent of the lands of the Conusor but in the Inquisition no certaine estate was returned but that the Conusor fuit seisitus die Recognit ' c. de Manerio de A. without shewing of what estate and this returne was held insufficient for that seisitus may be for life or in taile in which cases the land after the death of the Conusor is not extendable So that where the Conusors death appeareth in the Returne there of necessitie his seisin must be found to bee of an estate in fee simple onely Vpon an Extent of a Statute the Sherife returned the extent of the land and not of goods and it was allowed Vpon an extent of a Statute Merchant if the Sherife returneth Tarde or returneth Mandaui balliuo libertatis he shall be punished Quaere The Sherife returneth that none came to receiue the land per quod deliberat ' facere non potuit good Also he may returne Non est inuentus nec
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
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
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
amerced c. Distring ' Vpon the Distringas the baylife must distreine the defendant by his goods which he may keepe and which shall be forfeit vpon his default vt supra But if the defendant put in pledges there must be 4. at the least And after a Distring ' infinite shall goe out till the defendant appeare Tryalls All tryalls in the County Court are vsually by Ley Gager scz by the oath of the defendant if the suit be by Pleynt Or it may be by examination of witnesses Or by prescription it may be by a Iuriâ— But if the suit be by force of a Iusticies then the triall shall be by a Iurie of twelue men If the matter be found against the defendant Ezecutionâ— then they vse to grant out a Leuari fac ' to leuy the dammages and costs c. And yet by good opinions the execution in this Court is onely by distresse and impounding or retaining the cattell vntill the party be satisfied And that the Sherife cannot sell the goods nor deliuer the distresse to the party nor any execution lyeth there against the body But to haue the Iudgements giuen in this Court to be executed by the Sherife safely the party may procure out of the Chancerie a Writ de Executione Iudicij to be directed to the Sherife c. be the suit by a Iusticies or by Pleynt without Writ And then if the Sherife will not make execution an Alias and Pluries shall goe out and after an attachment against the Sherife CHAP. 113. Of the Writs of Iusticies PLeas in this County Court are sometimes holden by force of the Kings Writ of Iusticies directed to the Sherife which writ giueth speciall power to the Sherife to hold plea in his County Court and is therefore called a Vicountiel Writ This Writ is not returneable but therein the matter shall be tryed and determined in the County Court before the Sherife by a Iury according to the course of the Common Law And the proceedings therein shall be as in a Writs originall of the like nature in the Kings Courts at Westminster And the same Proces shall bee in a Iusticies as which the suit is there by pleint scz Summons attachment and distresse but no Capias in any case And the Sherife is to make the Processe c. to his baylife The Sherife by vertue of this Writ may in his County Court hold plea of lands or other pleas reall as also of pleas personall although the debt or dammages shall be aboue 40. s. to any summe whatsoeuer And though the freehold shall come in question where the suite is by a Iusticies yet this Court shall not surcease Where the Plea is by a Iusticies it seemeth that the High Sherife must or should sit in person to heare and determine the matter and yet the suitors are Iudges of the cause vt supra Where a Iusticies shall be sued before the Sherife onely and What Writs be Viscontiel scz triable in the County or Sherifes Court 1 Iusticies de Accompt 2 Admeasurement de Dower 3 Admeasurement de Pasture 4 Annuity 5 Assise de petite Nusance 6 Curia claudenda 7 Customes and seruices 8 Debt 9 Detinue 10 Dower vnde nihil habet 11 Droit Patent 12 Droit de Gard. 13 Homine Replegiando 14 Breue de Mesne 15 Natiuo habendo 16 Plegijs acquietandis 17 Quarentine 18 Quod permittat 19 Rationabil ' diuisis 20 Repleuin de biens 21 Secta ad Molendinum 22 Trespasse The Writ de Recaption may also be sued in the County Court but this must be before the Sherife and Coroners But note where the Plea is holden in the County Court by a Iusticies yet the same may bee remooued into the Court of Common Pleas. CHAP. 114. The Sherifes authority in making Repleuins VVHeresoeuer any mans beasts or other goods be taken and wrongfully withholden the owner of the goods may at his election sue a Repleuin by Writ or by Pleynt And the Sherife hath power to make Repleuy and to deliuer the cattell or goods in both cases The Sherife or his Vndersherife Per Pleint or any of his Deputies in the Country vpon complaint of beasts c. taken and withholden may presently make Repleuin thereof out of his Court yea in all places and may deliuer them And the Sherife may command his baylife either by writing or word to make deliuerance thereof But the Sherife or baylife c. must first come to the place where the cattel c. are deteyned and to demand both the view of them and to haue them deliuered When the Officer hath gotten the view of the cattell he shall presently deliuer them and shall giue day to both parties to appeare at the next County Court c. Yet before deliuerance thereof the Sherife or Officer must take Pledges scz sufficient security of the owner of the cattell Tam de prosequendo quam de Returno habendo c. hic ca. 45. or els the Sherife may be charged for the price of the cattell if returne be awarded This security most commonly is vsed to be by a bond of ten pound at the least with condition for his appearance at the next County Court and there to prosecute his suit with effect against the other for taking and withholding of the said cattell and to make returne thereof if returne shall be so adiudged c. If the beasts were taken within a Liberty and the baylife of the Liberty will not deliuer them vpon the Sherifs precept The Sherife must enter and deliuer them If the beasts be put into a Castle House Parke or Close c. the Sherif or his Officer may take Posse Comitatus if need be and shall beat downe the Castle c. and deliuer the beasts But yet the Officer must first come to the place where the cattell are so deteined and there demand the view of them and to haue them deliuered vt supra and whether any be present or no if they were warned then the Sherife may execute the Law as aforesaid If any other disturbance therein be made to the Sherife or his Officer they may take Posse Comitatus to make deliuerance The Sherife may not breake a close or hedge to make a Repleuy where there is a gate except the gate be locked vp c. Note where the Repleuin is by pleynt in the County Court it shall not proceede if any thing touching the freehold come in question Per Breue Also vpon a Writ scz a Iusticies directed and deliuered to the Sherife to make deliuerance of a distresse the Sherife or Officer after sureties taken de Prosequendo de Returno habendo as aforesaid must goe to the pound or place where the cattell be and demand the view c. vt supra and then shall deliuer them And the Officer shall also attach the defendant by his goods to appeare at the next County Court to answer to the Plaintife
c. If the Plaintife be Noâ—suit c. then a returne of the beasts shall be awarded to the defendant and thereupon the Officer shall deliuer to the defendant or auowant the first distresse and besides the defendant shall recouer costs and dammages where the Plaintife is Nonsuit or that the matter be found against him Vpon the Pluries not serued by the Sherife hâ—s â—ower is determined and the parties shall plead in Banke Iâ— a man sueth a Repleuin by Pleynt or Writ and the Sherife maketh his precept to his baylife to make deliuerance and the baylife returneth that he cannot haue the view of the cattell or that they be esloined c. Then the Sherife at his next County Court shall ex officio enquire thereof by a Iury and if it be so found the Sherife in the same County Court shall award a precept in the nature of a Capias in Withernam Withernam directed to his baylife to take the cattell c. of the defendant in Withernam Quousque c. This precept must be made in full Court and by writing and must bee sealed with the Seale of the Sherifes office And the Officer may take in Withernam goods of any kind number or value reasonable And those goods the Sherife may either keepe or deliuer them to the Plaintiâ—e hic cap. 80. Also note that the party who hath his cattell deliuered him c. either vpon Complaint or by Writ ought to enter his Plea before the Sherife in his next County Court. Vpon a Writ to the Sherife to make deliuerance if the Officer be disturbed in the execution of the Writ he may take Posse Comitatus c. to take the disturbers and the Sherife may imprison them or the Sherife may award an attachment after a Distring ' against the disturbers vntill they come in and then they being conuicted shall be fined to the King by the Sherife And so it seemeth though it be before the Sherife without Writ if the baylife returneth that the party wil not suffer him to make deliuerance the sherife may award an attachment and after vt supra Euery suit depending in the County Court be it by a Iusticies or by Pleynt may be remooued thence by a Pone or Recordare and if after the remoouing there shal be any proceeding in the County Court the Sherife c. shall be punished to the King and party grieued CHAP. 115. The authority of the County Court c. THe Sherife nor his Steward there may not arrest or imprison a man in any suit there depending though by a Iusticies nor for any contempt or offence done in this Court They can impose no fine in this Court vpon any offender for that it is no Court of Record And yet this Court as to some matters is a Court of Record See hic cap. 4. 111. Also where there is a plea of debt depending in this Court especially by a Iusticies there the Sherif in this court may take a Recognisance of either party to pay a summe of money to the other at a certain day and in some cases the Sherife vpon the Kings Writ may leuy such a debt by sale of the parties goods and in other cases by distresse onely according to the forme of the Writ to him for that purpose first to be specially directed In a Writ of Right depending in the Lords Court the Sherif may grant a Tolt to remooue the Plea into the County Court before himselfe They may also amerce a man in this Court As if a man bee conuicted before the Sherife in the County in a Writ of Recaption Here he shall be amerced grieuously for examples to others Yea the defendant shall be amerced in this Court in any suit if it be found against him So the Plaintife shall bee amerced here if he be Nonsuit or that the matter be found against him So if the Lord shall take an excessiue distresse of his tenant for his rent due So if he shall driue out of the County a distrisse taken So if the defendant shall not performe his Ley Gager at the day giuen him Also Iurors suÌ„moned making default they shall be amerced if there appears not enough to serue vpoÌ„ the Iury. But these amerciaments must be affired ê‘ pares And yet the Sherife may not leuy the Shiere amerciaments vntill two Iustices of Peace haue the sight of their Estreats haue allowed the same c. Againe if any contempt or disturbance be made to this Court before the Sherife or his Steward they may amerce the offenders and such amerciaments shall not be affired For any amerciament in this County Court the Sherife may distreine throughout all the County And the Sherife shall haue all such amerciaments to his owne vse and behoofe as it seemeth hic 124. And these amerciaments are more or greater in some Counties and lesse in other Counties according to the vse and custome of euery County yet the Sherife is not to amerce offenders outragiously or grieuously but hauing regard to the quaÌ„tity quality of the offence CHAP. 116. 1 KNights for the Parliament Coroners for the Countie Verderers for the Forrest The election of all these is to be by the Kings Writ directed to the Sherife and in the open and full Countie Court And these must be all chosen by the Freeholders of the Countie And they are to be published there and after the Sherife is to returne and certifie into the Chancerie the election of euerie such Knight Coroner and Verderer the names of those which are so chosen The Sherife is there to minister to the Coroners and Verderers their seuerall Oathes for the due execution of their Offices as also the Oath of Supremacie The formes or effect of their oathes see my booke at large 2 Iudgements Vpon Vtlawries are to be giuen and pronounced by the Coroners sitting with the Sherife in the Countie Court See hic cap. 110. 3 Proclamations also are to bee made by the Sherife in his full Countie Court in these cases following For summoning of the Parliament Hic cap. 92.102 For leuying the expences of Knights of the Parliament Ibidem In cases of Vtlawrie Hic cap. 110. 59. 102. Vpon a Writ de Excem ' Capiendo Hic cap. 102. In Cases of Ryots Hic cap. 102. Vpon the graund Distresse in Writs of Admeasurement Hic cap. 49.102 Mesne Hic cap. 102. Ward Hic cap. 192. CHAP. 117. Concerning the Sherifes Officers FIrst it is meete safe for the high Sherife to take good securitie from his vndersherife and other his officers c. the which is vsually done by couenants and bonds Some doubts haue been concerning the validity of these bonds but the Statute of 23. H. 6. doth make voide onely such bonds as are made to the Sherife by prisoners or persons arrested or for their deliuerance And those bonds taken by the Sherife of his vndersherifes bailifes and other officers with condition to
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
an Execution or which is committed to prisâ—n by Auditors c. the Sherife is chargeable for the whole debâ— c Hee that hath the keeping of the Gaole by right or wrong shall be charged for the escape of prisoners All Felons shall be imprisoned in the Common Gaoles Notorious Felons and such as be of euill name openly or be rebellious shall haue strong and hard imprisonment Also Accomptants and such as are in Execution for Debt c. may be put in Irons or fetters in reasonable manner If the Gaoler will not receiue a prisoner brought vnto him the Gaoler is fineable and if the prisoner thereby escapeth the Gaoler shall answer the debt if â—he prisoner were taken vpon an execution and if the prisoner were taken for felony this escape seemeth to be felony in the Gaoler Gaolers may not take any obligation for the inlargement of any of their prisoners Gaolers need not to remooue any prisoner vpon a Writ of Habeas corpus except it be signed with a Iudges hand CHAP. 124. Their Fees and allowances SHerifes nor their Ministers ought to take no reward or other thing for doing gf their Office but onely of the King or that which is appointed for them to take by the Statutes and Lawes of this land and if they doe otherwise it is extortion and fineable and a breach of their oath They may not take receiue leuie or gather any amerciaments or other duties which are not due or more then is due or before it be due if they doe it is extortion If they take any thing for expedition it is extortion So if they take any reward c. for sparing a Iuror So if they take any thing to omit any arrest c. So if they take any thing to shew fauour to any person arrested So if they take any thing to spare any person from appearing at the Assises Sessions of the Peace or the like So if they take any thing to spare any suitors from appearing at their Turne c. Prisoners discharged by the Court if any Officer shall deteine them for any meate or other thing except onely for their due fees it is extortion They shall receiue felons without taking any fee. They shall receiue seruants committed for departing or refusing to serue without any fee taking vpon their deliuery They shall receiue all Writs without taikng any fee. Their fees allowed them by the Statute of 23. H. 6. are these Vpon an arrest or Attachment For the Sherife xx d For the baylife who maketh the arrest or attachment iiij d. For the Gaoler if the prisoner be coÌ„mitted iiij d. For the obligation for appearance if the prisoner be bayled iiij d For any precept or warrant making iiij d And yet if the warrant be made to a speciall baylife then they vse to take for euery name ii s. whereas there is no fee due to the Sherife vntill the arrest be made Also for the coppy of the warrant they vse to take iiij d. Quaere how these two last bee warrantable If the baylife of a Franchise shall arrest one by a Capias to him directed from the Sherife the baylife of the Franchise shall haue but iiij d the Sherife xx d and the Gaoler iiij d For the coppy of a Pannell that Statute alloweth them iiij d For the making of a Pannell they are to take nothing 22. H. 6.10 And yet for the impannelling or returning of a Iury the Statute of 27. Eliz. Cap. 12. seemeth to allow them ij.s. The Statutes 29. Eliz. 4. alloweth them for seruing an execution or extent vpon the body lands or goods of any person xij d. of and for euerie xx s. where the sum exceedeth not C. li. and vj. d. for euery xx s. being aboue the summe of C.l. that they shall leuy or extend and deliuer in execution or shal take the body in execution for the Statutes 31. Eliz. cap. 3. alloweth them xij d for making Proclamation at the Church doore vpon an Exigent Other Fees belonging also to Sherifes or at least claymed and taken by them Their fees for Returnes scz Of euery Cepi corpus iiij d Of a Nihil iiij d Of a Non est inuentus iiij d Of any Proclamation xij d Of a Venire facias xij d Of an Habeas corpus ijs iiij.d Of a Distringas ijs iiij.d Of a Recordare ij.s. Of an Accedas ad curiam ij.s. Of a Distring ' nuper vicecom ' ij s. Of Mandaui balliuo Libertatis iiij d. Of an Exigent scz for euerie name returned outlawed iiij d Of Non est inuentus vpon an attachment out of the Chancerie ij.s. And yet by the Statute of 23. H. 6. cap. 10. it seemeth that they are to take nothing for the making of any Returne Also for the allowance of a Supersedeas if it be after the returne of the Exigent they vse to take xij d And for a Repleuin by pleynt in the County ij.s. For executing of these Writs following Sherifes vse to take as they and the parties can agree scz For Executing c. Of a Writ to enquire of dammages Of a Writ to enquire of Wast Enquiry vpon an Elegit And so in all cases where the Sherif maketh any Inquisition by a Iury. Also to execute a Statute Or an Habere facias Sâ—isinam Or an Habere facias visum A Writ of Right A Writ de partitione facienda For remoouing the Surcharge of Common The Writ of forcible Entrie Or holding with force where the party is to be restored For Execution of a Iudgement super breue de dote See the Statutes 34. H. 8. cap. 26. which alloweth diuers fees to the Sherifes in Wales All amerciaments fines and other profits in the Sherife Turne do belong to the Sherife The Sherife is to haue diuers profits of the Countie vnder the name of Viscountiels The Sherife is to haue all amerciaments assessed or set in the Countie Court Hic cap. 115. He is also to haue for the entring of Plaints Processe Plees and Iudgments in the Countie Court the Fees due and accustomed CHAP. 125. Their Accounts The Time BY the Statute of Scaccario made Anno 51. H. 3. Sherifes shall come to the profer and make their accounts and payments in the Exchequer the morrow after Saint Michael and the morrow after the Vtas or the Octaues of Easter And this they must do by Atturney or may respite it by the Kings Writ Writ But now in Hillarie Terme next after they are out of their Office the High-Sherife or Vnder-Sherife of most Shires are sworne to yeeld and giue a iust and true account to the King and his Officers in the Exchequer of the Kings debts which they shall be charged withall by the greene Waxe or Estreats out of the Exchequer and of all Waifes Estrays and Felons goods which hapned within the compasse of their Office and of all other profits whatsoeuer due and belonging to the King and chargeable by them to answer
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