Detinue where it is awarded that the Plaintife shal recouer the thing demanded he shall haue a Distring ' ad deliberand ' c. And the Sherife may thereupon retorne Issues or Nihil as the truth is Vpon the Distring ' ad deliberand ' to enquire of the value the Sherife is to enquire by a Iury and to retorne what damages and costs the Plaintife hath susteined and also what the true value of the goods deteined be Also the Sherife may retorne Mandaui balliuo Libertat ' qui nullum dedit resp But in the writ ad deliberand ' c. in Detinue it is no good retorne that there are no such goods The Sherife s here to take Pledges of the Plaintife de prosequendo And to summon the defendant to appeare at the day c. Distringas against the defendant A Distringas directed to the Sherife to distreine the defendant for his appearance may be retorned after this manner If the defendant be sufficient then thus Manucaptores infranomin ' I. S. I. R. R. G. Exitus 3 s iiij d If there de diuers defendants then thus 40. d. 40. d. T. D. A. R. districti sunt per caerras catalla sua secundam formam huius breuis vnde exitus prout patet super eorum Capit ' Et manucapti sunt per I. D. A. S. quod sint ad diem locum infrascript ' iuxta tenorem huius breuis c. And so note that in this Distring ' the Sherife must alwayes retorne issues vpon the defendants to compell them to appeare which issues must be more then the costs of the Plaintifes writ of Distring ' which seemeth to be xiij d. See hic cap. 89. that they ought to bee reasonable and to a greater value Also the defendant must finde Manucaptors for his appearance In a writ of Accompt vpon the Distring ' the Sherife retorned Manucaptors Et quod non sunt Exitus and it was adiudged a good retorne In Debt vpon the Dâ—string ' the Sherife retorned Mandaui balliuo Libertatis de c. qui nullum dedit responsum and for that he did not retorn further Quod nulla habet Exitus in balliua mea the Sherife was amerced So that vpon this Distring ' the Sherife must retorne reasonable issues vpon the defendant and must retorne Distrinxi Quaere And although the words of the distring ' be Quod dâ—string ' per omnes terras catalla sua c. yet the Sherife ought to distreine him but reasonably and not according to the words of the writ Also a Clerke may not be distreined by his goods but see what retorne the Sherife shall make hic cap. 36. If the defendant be insufficient then thus Infranom ' I.S. Nihil Nihil habet in balliua mea per quod nec vbi potest Distringi Plus hic cap. 82. Also in this writ the Sherife may retorne Tarde Also the Sherife may retorne that the defendant is dead except it be vpon the Distring ' in an Atteynt Retorne de Summons in Dower Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores infranom I.S. I. W. W. C. Et ad maxime vsuale ostium Ecclesiae parochialis de P. infrascript super diem Dominicum scz quarto die Iulij Anno infrascript immediate post diuinum seruic nulla praedicatione adtunc ibidem existente publice proclamari feci secundum formam Statuti prout istud breue in se exigit requirit A. B. armig ' vic' So that vpon this writ the Sherife must first summon the defendants vpon the land And after hee must proclaime the Summons at the Church doore of the Parish where the land c. lyeth and then must retorne all as afore See hic cap. 102. Retorne de Petit Cape in Dower Virtute c. tali die anno Cepi in manus Domini Regis tertiam partem tenementorum infraspec ' cum pertin ' proui interius mihi precipitur A. B. Armig ' vic' Vpon the Petit Cape the Sherife must summon the tenant to answer his default onely and not to answer to the demandant Also the Sherife is to seise the lands into the Kings hands 15. dayes at the least before the retorne of the writ Retorn ' breuis de visu in Dower Virtute istius breuis c. habere feci infranoÌ„ ' B.C. visuÌ„ de tertia part ' teâ— ' infraspec ' in presenc ' N. C. R.D. M. B. C.D. quatuor milit ' or homines ex illis qui visui illi interfuerunt Et vlterius certifico Iustic ' infrascr ' quod dixi quatuor milit ' praed ' quod sint coraÌ„ Iustic ' infrascr ad diem locum infracont ' ad testificand ' visum illum prout per breue praed ' mihi precipitur In Dower if the demand be of a rent the land c. out of which the rent is issuing shall be put in view See hic cap. 63. Retorn ' breuis de Seisina in Dote Virtute istius breuis mihi directi huic schedulae anex ' tali die c. haberi feci P B. vid. in breue pred' nominat ' plenariam seisinam de tertia parte Manerij de B. cum pertin ' in eodem breue specific ' viz. de vna aula c. tenend ' praef P.B. in separali ê‘ metas bundas nomine totius dotis c. So that the Sherife in Dower is to make execution and to put the wife in seisin of the third part by meetes and bounds if he can And yet in some cases the Sherife is to assigne the wife her Dower to hold in Common ê‘ my ê‘ tout and not by meetes and bounds as of land held by her husband in Coparcinery or in Common so of the profits of a Mill of Common of pasture or of an office In Dower of 3. Mannors or 3. acres the Sherife may assigne to the wife one entire Mannor or one Acre for all And hee may assigne the whole Mannor with the Aduouâ—â—n or hee may assigne the third part of each and the third presentment to the Aduowson The writ to the Sherife was to deliuer the wife ten marks per annum in land and rent and the Sherife deliuered her in land 5. marks per annum and 5. â—arkes in Rent issuing out of the land whereof she was dowable and holden good Vpon the recouery of a third part of a Mannor in Dower the Sherife may assigne to the wife a Copihold with other lands And the Sherife may put the wife in seisin by a clod or by an herbe or by any beast being vpon the land Plus hic cap. 63. Vpon an Habere fac ' seisinam in dote the Sherif retorned that the offered the demandment seisin de tertia parte c. by meeâ—es and bounds and that she refused it this is a good retorne But if the Sherife in the beginning retorns quod habere fecit seisin ' shewing
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
misis expensis quae in hac parte rationabiliter sustinuit plenar ' satisfact ' fuerit prout istud breue in se exigit requirit I.S. infranominatus non est inuentus in baltiua mea Vide plus hic cap. 25. CHAP. 66. Retorne de Briefe de Medio PLegij de Prosequendo Ioh. Doo Mesne Rich. Roo Summonitores in franomin ' I. S. H. I. T. S. In a writ of Mesne the Processe which is giuen by statute is Summons Attachment and the Grand Distresse which shall haue day of Returne by such time that two Countie Courts may be holden in which the Sherife shall make Proclamation that the defendant come to acquire the Plaintife or Tenant c. And if the Defendant commeth not and that the writ be returned the Defendant shall bee foreiudged For the forme of the return of Proclamation of Summons see hic cap. 70. Nihil Vpon the Writ of Mesne the Sherife may returne Quod nihil habet medius vnde potest summoniri Or Nihil habet per quod potest attachiari Or Nihil habet per quod potest distringi Retorn ' breuis Eligend ' Militis Burgens Parliamenti Virtute istius breuis mihi directi in pleno Comitatu meo tent ' apud Cantab ' tali dic anno per assensum eiusdem comitatus Elegi feci duos Milites de Com' meo praed viz. E. P. I.C. ad faciend ' prout istud breue in se exigit requirit Feci etiam praeceptum W.D. maiori villae de C. in Com' meo quod de eodem burgo Elegi fecerit duos burgens ad faciend quod istud breue exigit qui quidem Maior sic mihi respondit quod clegi fecerit de praed ' burgo de C. duos burgenses viz. P. F. I. W. ad faciend etiam prout istud breue in se exigit requirit Proclamari etiam feci omnia in isto breui content ' secund formam effectum huius breuis prout istud breue requirit Residuum vero Executionis istius breuis patet in quibusdam Indentur ' huic breui annex ' And then there must be indentures made betweene the Sherife of the one part and some of the freeholders being chusers of the Knights of the other part in which indentures the names of the Knights shall also be set down c. See hic postea cap. 92. For the forme of these Indentures see my booke at large The like Indentures also are to bee made betweene the Sherife of the one part and the Maior or Baylife quaere and some of the free Citizens or Burgesses of the City or Borough being chusers of their Citizens or Burgesses of the other part In which indentures also the names of their Citizens or Burgesses must be set down c. hic cap. 92. The forme of which last Indenture you may also see in my booke at large And all these Indentures must be returned with the said writ Plus hic cap. 92. CHAP. 68. Retorn ' breuis originalis in Partitione PLegij de prosequendo Ioh. Doo Rich. Roo Summonitores infranominati R. B. Eliz. vxoris eius W.A. H. F. A. B. Armig ' vic' The Returne of the writ of Partition Executio istius breuis patet in quadam Inquisitione huic breui annex ' Virtute breuis Domini Regis mihi directi huic schedulae or huic partition ' Indent annex ' ego A.B. armig ' vic' Com' praed ' tali die anno in propria persona mea accessi ad messuag ' or ad Tn'ta in breui praed specificat Et ê‘ Sacramentum I. B. R. B. c. ad numerum xij proborum legalium hominum de Com' praed ac visnet ' in eodem breui specificat ' habito respectu ad verum valorem eiusdem messuagij or eorund Ten'tor ' cum ê‘tin ' eundem messuag ' cum ê‘tin ' in quatuor equales partes partiri feci vnam partem partium illarum viz. c. Tenendum H. S. F. vxori eius in breue praed ' nominat ' in separalitate ê‘ metas bundas in iure eiusdem F. Aliam partem inde viz. c. Tenendum B.R. Eliz. vxori eius in breue praed ' nom ' in separalitate in iure eiusdem E. * Ac duas alias partes inde viz. c. Tenendum praefato I.S. in separalitate in iure suo proprio Et ego praefatus vic' dic anno superdictis eas deliberari assign ' feci prout idem breue in se exigit requirit In cuius rei Testimonium c. And it is fit to name and abutte and shew the contents of the seuerall parcells * If any of the parties be absent the Sherife may make his returne thus Et quoad duas partes residuum TenemeÌ„torum praed ' in breue praed ' specificat ' I. S. in codem breue similiter nominat ' ad particioneÌ„ praed ' deliberand ' assign ' Iustic ' infraspec ' certifico Quod nullus ex parte ipsius I.S. venit ad recipiend ' de me easdem duas partes Ita quod duas partes illas praefato I. S. liberare assignare non potui prout breue praed in se exigit c. In cuius rei Testimon ' c. So that here the Sherife must in person goe to the Tenements c. Hee must make the partition by the oath of x j. men The partition must be made by the Iury who must doe it equally and then the Sherife may assigne the one part to one and another part to another c. at his election and by meetes and bounds and here the eldest sister is not to chuse c. Or vpon the partition to be made between 2 parceners of two Mannors the Sherife may assigne the one Mannor to the one and the other Mannor to the other so that both the Mannors be of equall value And so of 2. Acres of land c. The Sherife must returne the Partition by writing indented vnder his owne seale and the seale of euery Iuror Vpon a partition to be made between tenants in Common where one of theÌ„ hath purchased other lands which lie intermixt and cannot be knowne the party which purchased such lands ought to shew to the Iury the bounds or the certainty or number of Acres of his land so purchased but if neither party will therein giue euidence to the Iury yet the Sherife and the Iury are to make the partition at the r perils and as well as they can See a good forme of the Returne of this writ of Partition Libro Intrat fol. 452 tit Partition div 3. CHAP. 69. Praemunire VPon this writ the Sherife returned that the defendant was garnished generally but sheweth not what day and it was disallowed for such garnishment ought to be two moneths before the returne Vpon this writ the Sherife returned Quod Praemunire fecit c. quod
of the Countie court into the Common Banke and that the parties appeare there and agree that the admeasurement shall be made then there shal goe out a writ to the Sherife commanding him to make admeasurement and then to make the admeasurement the Sherife must goe in his proper person to the Common or pasture to bee admeasured and there by a Iury of twelue men must admeasure the same and he must returne the same into the Court by Indenture vnder his own seale and the seales of the Iurors Also if this writ be remooued into the Common Banke when the suit is come to the grand distresse before the writ be returned the Sherife is to make Proclamation in two Countie courts that the Defendant come in appeare in Court at the day contained in the writ to answer the plaintife and to shew cause why admeasurement should not be made and the Sherife is to returne that he hath made the Proclamations accordingly and if the Defendant commeth not vpon the Proclamations then admeasurement shall be made vpon his default But here also notwithstanding the default of appearance of the Defendant the Sherife is not to make admeasurement without another writ to that purpose first to him directed But if this writ be Viscountiel and sued in the Countie before the Sherife he must first summon the parties c. who may plead there and if the defendant grant that admeasurement shal be made or pleads or shewes no cause to the contrarie then the Sherife shall giue iudgement and shall presently make admeasurement thereof for the Sherife in such case is Iudge c. In this writ all the Commoners shal be admeasured by the Sherife as well those which did not surcharge the land as they which did and also the Plaintife himselfe but the Lord shal not be admeasured In this writ of Admeasurement of Pasture the Sherife may returne the defendant nihil and it is good For the forme of the returne of Proclamation of Summons see hic cap. 70. Note that no man ought to put more Cattell vpon the Common than serue to manure the land and then hee can maintaine and keepe in winter vpon his Tenement And if the Common be not sufficient so that all the Commoners may haue sufficient to their tenements in such case the tenants shall be admeasured hauing regard to that the common will beare CHAP. 50. Assise de Nouel Disseisin Assise THe Sherife is to returne this writ after this manner Plegij de Prosequendo Ioh. Doo Rich. Roo Infranom ' I.S. the Defendant attachiatus est per Plegios Per Plegios H.F. W.G. Or thus Infranom ' I.S. attachiatus est per vnam vaccam Per Biens or vnum bouem or vnum equum pretij 40. s. Or thus if there be more defendants than one Infranom ' I. S. I. P. attachiati sunt viz. I.S. per vnum bouem preiij 5. s. I.P. per vnum equum pretij xx s And yet it seemeth the Sherife is to returne but fiue shillings and foure pence price Quaere of the vse Residuum executionis istius breuis patet in quodam pannello or in quadam schedula huic breui annex ' A.B. Armig ' Vicecomes Nomina Recognitor ' in Assis Nouae disseis inter M.C. querent ' seu petentem T.C. tenentem A.C. de S. Gener ' Et sic ad numerum 24. Le Panell D.E. de F. Yeoman Et sic ad numerum 24. Summonitor ' Iurator ' siue Recognitor ' praedictor ' eorum cuiuslibet per se I.D. T.F. or more Manucaptores summonitorum praedict ' eorum vtriusque I.W. W.D. And note that the Sherife at the first day shall onely returne Manucaptores summonitorum and not Iurator ' but after he shall returne Manucaptores Iuratorum Note also That if the Defendant be not to be found nor hath whereby to be attached the Sherife may summon and attach his Baylife in an Assise Also the defendants bayli e may be attached by Pledges and the Sherife may make his retorne accordingly By the Statute of Westminster 2. cap. 25 The disseisor shall be attached but by one Oxe of 5 s iiij d price or the value So then where the Tenant is sufficient and attached the Sherife must retorne 24. Iurors or Recognitors He must retorne Summonitores Iuratorum Manucaptores Summonitorum Or he may retorne quod quilibet recognitorum praed per se separatim Attachiat est ê‘ Pleg ' I.D. R.R. And further Exitus eorum cuiuslâ—bet v s. And he must set downe the names of the Recognitors scz the Pannell and all the rest in a schedule and annexe the same to the backe of the writ c. But if the tenant or defendant bee insufficient then the Retorne must be after this manner Plegij de prosequendo Ioh. Doo Rich Roo Infranominat I. S. Nihil habet in balliua mea ê‘ quod Attachiari potest nec est inuentus in eadem Or rather thus Infranom I.S. Nihil habet in balliua mea ê‘ quod Attachiari potest nec habet balliuos nec balliuum nec est inuentus in eadem Also in an Assise the Sherife may retorne Mandaui balliuo Libertatis Qâ—â— nullum dedit responsum c. Annuity In a writ of Annuity Annuity the Sherife retorneth that the defendant Nihil habet in balliua mea per quod potest Summoniri this is a good retorne but per quod potest Attachiari is not good And the Sherife may summon the defendant in his writ by his person if he hath no land where hee may be summoned So that the Sherife is here first to take Pledges of the Plaintife de prosequendo c. And then he is to summon the defendant to appeare at the day before the Iustices c. CHAP. 51. Atteynt IN this writ the Sherifes retorne must be made after this manner Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores infranomin ' I. S. the defendant H. F. W. G. Residuum Executionis istius breuis patet in quodam Pannello or quibusdam schedul ' huic breui annex ' or consut ' A.B. armig ' vic' Le Pannell Nomina viginti quatuor milit ' inter R.S. quer I. S defend ' A. C. D. E. F. G. c. ad numerum 24. And these must be Knights Esquires or Gentlemen hauing twenty marks per annum of freehold at the least Quilib ' Iur ' praed ê‘ se sepa ratim attach est ê‘ Pleg ' C.D. E. F. Summonitor ' Iur ' praed eorum cuiuslibet I. D. R.S. Manucaptor ' Summon ' eorum vtriusque I. P. R. C. F. D. R. G. quaere if these Manucaptors be needfull Nomina Iurat ' primae Inquisit in breue huic Pannello annex specificat Le Pety Iury. A. S. C. D. H. F. c. ad numerum xij Summonitor ' or Pleg ' Iurator ' primae Inquisit eorum cuiuslibet
commaundement to the contrary from the Lord Chancellour or other subiect whatsoeuer immo coment del nostre Seignior le Roy mesme desouth son priuy seale ou auter son ordinary power quant al execution de Iustice except tamen le absolute power del Roy. And if the Sherife shall surcease to execute the Kings writ vpon any such ordinary commandement the Sherife shall bee amerced c. See hic cap. 21. Note that this Writ de Habeas corpus shall not be graunted to remooue any prisoner except the writ bee signed with the proper hand of one of the Iustices of the Court out of which the same writ shall be awarded Habere facias seisinam Virtute c. Iustic ' certifico quod tali dic Anno Habere feci infranom ' A.G. plenam scisinam de vno messuag ' cum pertin ' in S. infraspec ' in omnibus prout istud breue Aliter c. Habere feci c. seisinam de in Tenementis infraspec ' Or de manerio de F xx acr ' terre 40. acr ' prati c. cum pertin ' in F. c. secundum formam istius breuis prout c. But vpon an Habere fac ' seisinam or other writ where land is recouered the Sherife may not make these returnes following scz That there is no such land and therefore he could not make execution c. That a stranger is tenant of the land and therefore hee could not c. That he against whom the recouery is had hath nothing in the land or is not tenant thereof c. For note that vpon the Habere fac ' Seisinam the Sherife ought to execute the writ although that a stranger bee seised of the land and that in truth none of the parties to the writ were euer seised thereof The Sherife retorned that he could not deliuer seisin by reason of Resistance made by I.B. and other persons vnknowne and was amerced for that he might haue taken Posse Comitatus c. And yet such a Retorne hath been allowed Vide hic cap. 36. Note that vpon the Habere fac ' scisinam as also vpon an habere fac ' possession ' if the Sherife shall duely execute the writ and that the Plaintife or demandant haue his demand there the Sherife needs make no returne of the writ But vpon the Habere fac ' seisinam the Sherife may make these retornes scz That hee offered to the demandant seisin c. and he refused it That hee the Sherife himselfe was tenant of the land and so hee could not serue the writ c. That none came to receiue seisin c. That none came Ex parte petentis ad ostenden ' tenement ' c. And yet in case where the same Sherife made the Summons there he cannot after make this retorn Quod nullus venit c. ad ostendendum Tenement ' Also note that vpon the Habere facias seisinam the Sherife may put the partie in seisin or possession as followeth viz. 1 Of a house by the Ring of the doore Or the Sherife may open him the doore of the house and bid him to enter c. 2 Of land by a bough twig clod or the like vpon the ground 3 Of a Rent the Sherife may put the partie in possession thereof by Parrol Or by any clod or other parcell of the land as a bough or twig Or by any corne or herbe or other thing growing vpon the land out of which the rent is issuing Or by Distresse of Cattell leuant and couchant there but the Sherife or party may not driue such cattel off the lands Also the Sherife may deliuer seisin or possession of land in one towne in the name of land in diuers townes Also vpon the Habere fac ' Seisinā or possessionem the Sherife may breake open the doore c. and deliuer seisin or possession Habere fac ' visum Virtute c. Iustic ' infrascr ' certifico Quod tali die Anno Habere fec ' infranom H.H. I. vxori eius visū de messuag ' c. infraspec ' cum pertin ' Et dixi A.C.D.E.F.G. H.I. quatuor milit ' or hom ' de Com' meo or ex illis qui visut illi interfuer ' Quod sint coram Iustic ' praedict ' ad diem locum infracont ' ad testificandum visum illū prout interius mihi praecipit ' In reall actions where the Tenant doth not well know the land demaunded he make pray the view scz that he may bee shewed which is the land demanded And the Sherife may returne That he was readie to make the view and that the Tenant nor any for him came not to haue the view Also the Sherife is not bound to know or to seeke the land demanded and therefore except the demaundant sheweth it to him hee may returne Quod nullus venit ex parte petentis ad ostendendum mihi Tenementa petita ideo dicto T.S. petenti de tenementis infraspec ' habere visum non potui Or the Sherife may returne Quod mandauit balliuo libertatis de c. Qui respondit quod petens non venit ad ostendend c. lou il fuit prist c. If the demandant shall shew to the Sherif a strangers land by force whereof the Sherife enters c. he is no trespasser In a Praecipe of a Rent the Sherife vpon the view demanded granted shall not returne Habere feci visum in x. s. redditus but hee must returne Habere feci visum de terra vnde redditus c. If a rent be granted but out of no land and yet certaine land is charged to the Distresse if the rent be behind ther◠in an Assise c. this land so charged shall be put in view If the Rent be granted out of one land and other land within the same County be charged to the Distresse here both these lands shall bee put in view Where a Mannor is demanded nothing shall be put in view but the Scite with the appurtenances and not by parcells If the Mannor be demanded and the thing put in view is but a house and a Carue of land of another name this is not good If a house and ten shillings Rent be demanded and nothing put in view but the house it is not good If a house and land be demaunded each parcell shall be put in view Where part of a Mannour is in demand yet the view shall bee of the whole Where a moitie or a third fourth or other part of house or land is in demand yet the whole shall bee put in view Where a Carue of land is demaunded the moitie thereof may bee put in view In an Assise of land lying in two townes the view ought to be made in both Townes In an Assise the view ought to bee made where the Disseisin began Vpon a demand of ten acres of land the Demaundant said to the Tenaunt That
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