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
the Sherife may come vpon the land with the Summoners and there summon the party yea if the Sherife by information of the demandant shall summon the Tenant in another mans lands the Sherife shall bee excused for such his Entree c. But the Summons in a Precipe ought alwayes to bee done in the day time scz betweene Sunne-rising and Sunne-setting and not in the night Where the action is to recoâ—er the free-hold of land it selfe the Summons must be made in the same land Where the action is brought against one as heire there the Summons must be in land that did discend Vpon a Precipe if the defendant be not tenant of the land in demand yet the Sherife is to summon him vpon the land in demand eo quod petens testatur quod tenens est So he in reuersion shall be summoned in terra petita although it be another mans freehold But the party can not be summoned by a rent seruice rent charge common nor the like for that the soile is another mans freehold nor by his goods And yet in Assises of of Nouel disseisin and Nusance where the originall proces is an attachment Pone ê‘ vadiâ—s saluos pleg ' there the defendant may be summoned scz attached by his goods Also where a man hath no land wherupon he may be summoned there the Sherife may summon him by his person as in actions of annuity couenant or the like In a writ of Right of Aduowson as also in a Quare impedit the Sherife may Summon the defendants in the Church In a Praecipe against 4. if the Sherife summoneth one that is a Summons to all Tamen vide hic cap. 70. that al must be summoned In an action of debt brought for dammages recouered in a Writ of Entrie c the Summons shall be to the person And so in all personall actions the Sherife must Summon the defendant by his person In a Scire facias against a Clerke the Sherife is to summon him onely by his land if he hath any Lay fee or else by his person but not by his goods If the Sherife shall retorne one summoned who was not summoned the Shâ—rife is punishable hic cap. 70. 85. Note that in euery writ the defendant ought alwayes to bee summoned 15. dayes at the least before the day of the retorne of the writ By the booke called the Mirror of Iustices reasonable Summons is when it is testifiable by two lawfull free witnesses neighbours and made to the person or at the house or tenement conteyned in the demand with warning of the day place party Iudge and of the action and with reasonable respite at the least of 15. dayes to make their answer c. Note also that the Sherife cannot summon himselfe nor serue any other proces vpon himselfe hic cap. 44. CHAP. 32. Attachment AFter the Summons if the tenant or defendant commeth not in then there issueth an attachment which is a Proces authorizing the Sherife to goe to his house or land and there to take Surety by pledges or to attach him by his hoods to the end that hee shall appeare and answere to the Plaintife or demandant So that vpon the attachment the Sherife or his Officer may either go to the parties house c. and there take of him Sureties or Pledges for his appearance yet these Pledges are not to be bound in any summe but onely to giue their words for the appearance of the party and if he shall not appeare then these Pledges shall be onely amerced Or the Officer may attach the party by his goods citing him to appeare and answer such a day at such a mans suit in such a Court and for such a cause c. Or if the Officer shall onely giue warning to the tenant or defendant in the presence of two others to appeare such a day in such a Court at such a mans Suite c. it is good enough A Clerke or Ecclesiasticall person may not be attached by his goods but must bee summoned or warned by his person or vpon their lands if they haâ—e any lay fee. The tenant or defendant can not be attached by his land nor by any parcell of his freehold as by a clod c. nor by any chattel reall Neither may a table dormant or any other thing which is fastened to the freehold be attached as a furnace doores windowes waynescots pales or the like and if the Sherife shall attach a man by any such thing he is punishable But an attachment ought to be made by such goods of the defendants owne proper goods as are moueables scz by meere chattells personals which may be forfeited by vtlary The party may not be attached by his horse whereupon he rideth if hee hath other goods whereby he may bee attached Neither may a man be attached by his Apparrell which is vpon his bodie No goods shall be attached but the proper goods of the defendant and not goods that are pawned or borrowed If the goods attached bee quick cattell the Officer may impound them in a Comâ—on pound If they be dead chattels as a pot Panne or the like the Officer may take carry them away to his owne house c. Or the Officer may first attach them and then take Sureties for the redeliuering thereof c. and so leaue them with the owner who was attached thereby But this is not so safe without taking good sureties or taking an obligation of the owner for the Redeliuery thereof if hee shall make default of appearance c. which obligation so taken seemeth to be good If the defendant shall not appeare at the day of the retorne then the goods attached are forfeit to the king and the Sherife shall be answerable for the value thereof If the Officer shall leaue the goods or cattell attached with the owner as aforesaid yet the Officer may take them againe vpon default of appearance A Baylife sworne and knowne may make an attachment without any warrant in writing for to him a command or warrant by word onely is sufficient The seruant of the Plaintife or any other stranger may make the attachment if so he hath the Sherifs warrant A woman Couert shall bee attached by her husbands goods The defendant or tenant must alwayes be attached 15. dayes at the least before the day of the retorne of the writ And for default thereof the Sherife shall be amerced CHAP. 33. Capias ad Respond ' IN reall Actions when the Tenant hath beene attached and appeareth not thereupon or if he appeare and after maketh default then issueth the grand Distresse whereby the Sherife is commanded to distreine the Tenant by all his goods and chattels which he hath within the same Countie also to answer the King the profits of his Lands In Trespasse and other personall Actions if vpon the Attachment or Distringas the Sherife returneth nihil then there goeth out a Capias Alias Pluries Exigent scz if the
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
execute the Proces Also if the Sherife had once taken the body and then had come with his prisoner along by a Franchise c. and then the prisoner had claymed the Franchise here the Sherife shall still be charged with the body and may not retorne quod fugit ad libertatem c. Languidus 17. Languidus in prisona seemeth to bee a good retorne So if the Sherife retorneth that the defendant is so sicke that hee can not take him or carry him out of his house without danger of his life Otherwise where the Sherfe was commanded to haue the body there at a day Also if he returne Caepi corpus sed non possum habere pur malady Quaere of this 18. Vpon a Capias Mortuus the Sherife may retorne that the party is dead Tamen quaere But it is a good retorne in these writs scz in a Corpus cum causa Praecipe quod reddat Scire facias Vpon an Habeas corpora IuratoruÌ„ or Distring ' Iurator if any of them be dead the Sherife may retorne it accordingly But vpon an Exigent it is questioned whether the Sherife may retorne the party quod mortuus est for that by the Exigent the Sherife hath no authority but onely to call the party to appeare and vpon his appearance then to take him c. And it seemeth that the Sherife may not retorne the defendant Mortuus but onely where there are words in the writ to command the Sherife to summon warne or take the defendant or to distreine him Plus hic Atteynt Repleuin Note that if the Sherife retorneh that the party is dead in prison hee must shew further that the Coroner had the view of the body Nihil 19. In what writs the Sherif may retorne Nihil vpon the tenant or defendant See hic postea throughout the retornes of the seuerall writs How the retorne of Nihil shall bee made See hic cap. 45. But the Sherife cannot retorne Nihil vpon him whom hee hath once retorned summoned or distreyned in another writ except it be vpon some speciall matter retorned also by him See hic cap. 44. If a Iuror be once retorned sufficient he may not after be retorned Nihil Plus hic cap. 44. But if the defendant bee retorned sufficient he may after be retorned Nihil Plus hic cap. 44. Also wheresoeuer the defendant is to be summoned garnished or attached if the Sherife retorneth him Nihil c. he shall not doe amisse to retorne further Nec est inuentus in balliua mea Non est inuentus 20. Again wheresoeuer the Sherif retorneth the defendant Nihil or Non est inuentus his retorne must therein be direâ—t and generall without these or the like words scz Prout mihi constare poterit for he ought to take knowledge Also in Reall actions where the Sherife may Summon the Tenant vpon the land demanded it is no good retorne Quod nihil habet or Non est inuentus for that the Sherife in such cases is to Summon the party in terra petita though the land bee another mans The Sherife retorned Non inueni partem c. for Non est inuentus it is erroneous 21. The Sherife may not retorne an Inhibition out of the Arches for hee is to performe the commandement of the kings writ notwithstanding the inhibition 22. It is no good retorne for the Sherife that the party will not pay his fees or costs or charges and that therefore hee did not execute the writ 23. Vpon a Capias if the Sherife hath taken the body and then the defendant shall procure a Supersedeas and deliuer the same to the Sherife yet the Sherife may not thereupon let his prisoner goe and retorne the Capias with the Supersedeas c. But otherwise if the Supersedeas had beene deliuered to the Sherife before the party were arrested or taken See plus hic cap. 53. 24. In euery writ except it be in an attachment or vpon a Capias the Sherife may returne Tarde scz Quod breue Tardè adeo tarde sibi venit or sibi deliberat fuit quod illud exequi non potuit propter breuitatem temporis and it is good if it be true But if the Sherife shall make such a retorne where hee hath sufficient time to serue the writ he is punishable But also if the Sherife shall retorne Mandaui balliuo libertatis c. qui mihi respondit quod breue adeo tarde venit quod illud exequi non potuit c. the Sherife shall be amerced for here it shal bee intended to be the Sherifes default 25. If the land Mandaui balliuo or other cause of the suite be within a Liberty then the Sherife hauing receiued the kings Writ must make his precept to the Baylife of the Liberty and the Sherife is to retorne his answer But the Sherife must retorne Mandaui balliuo and not quod mandauit balliuo See plus hic cap 39. 26. Clerke Clerks or Ecclesiasticall persons being beneficed vpon Processe out against them the Sherife in most cases is to warne garnish or Summon them by their persons or else by their lands if they haue any lay fee And if the Sherife can not finde such partie to summon him by his person Nor that hee hath any lay fee Then the Sherife may retorne Quod Clericus est beneficiatus non habens laicum feodum vbi potest summoniri c. Nec est inuentus in balliua mea Plus hic cap. 71. 75. 56. But such Retorne is onely where a Distringas or Capias goeth out Nihil habet is a good retorne in debt or trespas against a Clerke Infant 27. An infant is impleadable by Law and therefore in reall actions the Sherife ought not to retorne that the tenant is an infant Also Vtlary retorned by the Sherife vpon an infant is a good retorne if the infant bee aboue the age of 14. yeares Woman Couert 28. In actions against the husband and wife where the proces is an attachment the wife may be attached by the goods of the husband See hic cap. 35 Or rather the Sherife is to retorne pledges vpon them both But the Sherife may not retorne the husband attached the wife Nihil Where the husband and wife are diuorced yet vpon a Scire facias against them the Sherife is to summon both of them and must not retorne that they are diuorced In a Reall action the Sherife ought not to retorne that the tenant is a woman couert 29. Vpon a fieri facias against Executors Executors the Sherife may returne as followeth scz Quod nihil habent Or Non habent aliqua bona testatoris Quod bona elongata sunt if it be true And if the Executors haue wasted the goods of the testator or haue imployed the same to their owne vse the Sherife may retorne a Deuastauerunt He may also retorne further Quod nulla
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
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
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
c. Note that the Kings Suits shall bee preferred and his debts shall bee first payd But for the kings Debts the Sherife is not chargeable or accomptable neither may he distreine for or otherwise leuy the same without Proces or other warrant CHAP. 11. Issues THe word Issues in our Law seemeth to be taken three wayes or in three manners to this our purpose 1 First For the Issues and profits of lands or tenements as where the King is entituled to haue the Lands or profits of lands of persons attainted or outlawed or for alienation without Licence or in mortmaine for a condition broken or the like whereof postea 2 Secondly For such Issues profits of the Countie which goe vnder the name of Viscountiels whereof hic Cap. 3. hic postea 3 Thirdly For Issues to be lost for default of apparance scz by Iurors or by the Tenant or Defendant c. of which here For this last sort these Issues are sometimes set by the Court as an Amerciament fine forfeiture paine or punishment for default of appearance of Iurors Mainpernors or Pledges and sometimes of Witnesses And these Issues or profits thus growing due to the King are to be leuied by the Sherife c. Sometimes these Issues are set and returned by the Sherife to the end to cause an appearance of Iurors of the Tenant and Defendant and these also are to be leuied by the Sherife to the Kings vse Sometimes the lands themselues shal be seised by the Sherife into the Kings hands for default of appearance of the Tenant in a reall Action as in a grand Cape or a petite Cape And in these and the like cases where by Writ the land is seised into the Kings hands the King shall haue the lands to his owne vse and the Sherife shall bee charged with the Issues and profits of the said Lands from the time that the Lands were so seised by him c. Vide hic Cap. 62. What is contained vnder the name of Issues See Cap. 89. How much the Sherife must return in issues vpon the Defendant or Tenant see Ibidem What Issues he must returne vpon Iurors Cap. 90. Vpon whom and what lands such Issues shall be leuied Ibidem If the Sherife shall returne a Iuror in issues who is not sufficient the Sherife is punishable Ibidem So if the Sherife shall returne any issues vpon any Iuror or hundred or which was not lawfully summoned Ibidem Issues If the Sherife shall returne the Issues of any Recognisance Pledge or Mainpernor which at the time of the Return was not sufficient to answer the said Issues and amerciaments the Sherife shall bee charged there in the Exchequer For all manner of Issues and profits of the Countie which runne vnder the name of Viscountiels the Sherife so soone as hee is made Sherife is accountable for the same yet in a summe in grosse But for other Issues lost for default of appearance the Sherif is not accountable nor shall bee charged therewith vntill they shall be estreated vnder the Seale of the Exchequer and that the same estreats shall be deliuered to him Neither may the Sherife leuie the same without such Warrant If such Issues lost for default of apparance shall be returned by the Sherif vpon any man the partie hath no remedie be the Issues neuer so great Now for the first sort scz for the profits of lands after the death of the Kings Tenant in Capite and an Office found the King shall haue Primer Seisin scz the Issues and profits of all their lands from the time of the death of his Tenant Hic Cap. 6. Also the King shall haue the Issues and profits of the lands of such his Tenant aliening without licence scz from the time of the Office found the Kings Tenant who getteth Liuerie out of the Kings hands wrongfully shall answer the Issues behind c. Where the King enters for a Condition broken or for a Mortmaine c. the King shall be answered of the measure Issues and profits of those lands scz from the time of the kings title first accrued And of the Issues of the lands of felons Fugitiues and Outlawes c. scz from the time of the Attainder c. Hic Cap. 14. And so in all these cases the King shall bee answered of all the Issues of the lands after an office thereof found but before an Office found the Sherife or Escheator is not to meddle Hic Cap. 6. An Abator shall bee charged and not the heire for his time If such lands whereof the King is to haue the meane issues or profits shal be in diuers mens hands after the kings title accrued euerie of them shal answer for his time Issues lost for default of appearance either by the tenāt or in any other case of a Distresse infinite as in case of Iurors after a venire fac the Sherife vpon the Estreats out of the Eschequor c. may leuie the same vpon the lands in the hands of the delinquent of his wife of his heire in Tayle of his Successor of his Lessee or farmour of him in reuersion of the purchaser yea in the hands of a stranger whose beasts are their leuant and couehant And vpon these Estreates the Sherife is to leuy and gather vp accordingly these Issues and to bring them into the Eschequor and there to account for them If any Officer c. shall collect or leuie any Issues Estreated to him of any other than of the right person charged by the Estreate with the payment of the said issues they shall bee punished Plus hic Cap. 89. 90. CHAP. 12 13. Amerciaments and Fines AN Amerciament is properly a penalty assessed vpon an Offendor by his equals pro pares scz by the Country vpon Oath or assessed by the Court vpon some Officer of the Court. A Fyne hath diuers significations but to this purpose a Fyne is most commonly taken for a summe of money which is set or assessed vpon an Offendor in some Court of Record by the Court or Iudge there for some contempt or offence and which the offendor doth giue for and in satisfaction of his offence default or contempt Againe that which is assessed by the Court vpon an Officer of the Court for misdemeanor is called an Amerciament Royall But being assessed vpon an Estranger for misdemeanour it is called a Fyne All Amerciaments and Fynes for misdemeanors contempts defaults or other Offence set or assessed vpon any Offendor in any of the Kings Courts the Sherife vpon Processe or Estreats out of the Eschequer c. is to gather vp the same and to account for the same in the Eschequer Those Estreats must rehearse and shew the cause of the Amerciaments c. See hic cap. 90. What persons and for what causes men shall be amercied see my booke at large hic cap. 115. Such lands and such persons as are chargeable or lyable to the paiment of Issues shall also bee
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
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
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
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
Rescous to make answer thereto except it were found by Enquest Neuerthelesse if a Rescous be retorned by the Sherife of one who was arrested vpon a Capias or for any other cause except for felony such retorne of the Sherife is in liew of an Indictment and vpon such retorne the other shall bee put to answer the same c. And therefore where the Sherife shall retorne such a Rescous hee must in his retorne shew the certenty of the place day and yeare that the same Rescous was made and of the persons But though the Retorne bee without any addition giuen to the persons making the Rescous it is good enough CHAP. 44. THe Retorne of the old Sherife shall not conclude the new Sherife And therfore where the old Sherife retorned a Iury de Visneto de D. afterwards the new Sherife vpon the Distringas retorned Quod non fuit tale visuetum de D. in dicto Comitatu and this retorne of the new Sherife was holden to be good Vpon a Fieri facias the old Sherife retorned Quod caepit bona ad valenc ' x. l. ad quam non inuenit omptores wherupon there went out to the new Sherife a vendic ' expon ' who retorned that his Predecessor Non cepit bona c. and it was holden to be good And yet if the old Sherife retorneth a Iuror in issues and the next Sherife at the Distringas returnes the same Iuror nihil the last Sherife shall be amerced for here hee cannot returne nihil contrarie to the former returne of his predecessor but must pursue the last returne And therefore if any such Iuror hath sould his land or that it bee recouered from him or that the Iuror was seised in the right of his wife who after died without issue by him or if the Iuror had an estate conditional and the condition performed and a re-entrie made by the Feoffor or the like in these cases the Sherife ought to returne the speciall matter and to conclude Et sic nihil habet c. But if the old Sherife hath returned the Defendants sufficient the next sherife may returne him Nihil If the old Sherife hath returned a man sufficient who is not nor euer was sufficient whereby the next Sherife is charged with issues he shall haue an Action of Deceit vpon the case against his predecessor Note also that a Sherife cannot summon or distreine himselfe nor serue any other Processe vpon himselfe and therefore if any Processe shall goe out against him it may be thus returned Iustic ' infrascript ' certifico quod ego A. B. miles modo sum VicecoÌ„ ' CoÌ„ ' C. Ideo meipsum summonire or distringere c. non possum prout interius mihi praecipitur And where the suit is against A. B. one of the Sherifes of a Citie and another person both the Sherifes of the Citie may make their returne after this manner scz Summon ' infranom ' B.C. the other person Ioh. Den. Rich. Fen. Et quoad summon ' infranom ' A.B. Iustic ' infrascr ' certificamus quod idem A. B. ego A. B. iam vnus Vic ' Ciuit. Nor. sumus vnus idem non alius neque diuersus Ideó ego prae fatus A.B. H.H. alter Vic Ciuitatis praed meipsum secundum exigent istius breuis summon ' vel Distr non possumus CHAP. 45. The formes of Returnes of Writs HEre I will set you down briefely the manner of returning such Writs as are most frequent and vsuall and for the residue as also for the more full returne of these I must refer you to my booke at large Note that the forme of euerie originall writ is in this manner scz Rex Vicecomiti c. salutem Si A. the Plaintife fecerit te securum de clamore suo prosequendo tunc c. Plegij de Pros By which words the Sherife is commanded that if the plaintife shall finde to him pledges that hee will prosecute the Suit that then the Sherife doe execute such Writ vpon the Tenant or Defendant in such manner as in the writ is further mentioned and thereupon the Sherife is to returne vpon the plaintifes part two common Pledges De Prosequendo Also in euerie originall writ where Summons Summons lieth or where the writ is Summoneas per bonos Summonitores c. there the Sherife must first summon the Tenant or Defendant to appeare and answer c. And this must be done in the presence of two Summoners the manner whereof see hic antea cap. 31. After that the summons is made then the Sherife must returne the writ in this manner following scz If the Tenant or Defendant bee sufficient First the Sherife must returne two common Pledges for the Plaintife Do prosequendo and then he must returne the Tenant or Defendant summoned or attached as followeth Responsio A.B. Aâ—mig vicecom comitat infrascript Plegij de presequendo Ioh. Doo Rich. Roo Summonitores infranominati I. S. the Defendant SymoÌ„ Brown Rob. Flack Attach And if the partie hath no land whereupon he may be summoned as also in personall actions or otherwise if the writ be Pone per vad saluos plegios c. then the sherife must make his returne thus Infranominat I.S. the Def. attachiatus est per Pleg SymoÌ„ Brown Rober. Flack Or if the Sherif cannot find the partie then thus Infranominatus I. S. attachiatus est per vnam vaccam c. praetij xx s But if this word Attachiatus bee wanting in any Returne where the partie is attached it is no good return Hic cap. 52. Also such or the like returne may be made for the summoning or attaching of the Tenant or Defendant in all reall actions if the Tenant or Def. be sufficient But if the Defendant Nihil c. be insufficient then the Sherife may returne the Defendant or Tenant nihil after one of these manners Responsio A.B. Ar. Vic' Com' infrascript Plegij de Prosequendo Ioh. Doo Rich. Roo Infranominatus I. S. nihil habet in balliua mea per quod or vnde summoniri potest And this retorne of Nihil may bee made in any Reall action or in actions of Annuity Couenant Debt or other writ where Summons lyeth and yet if that there be no land where hee may be summoned Quaere if this be a good retorn without saying Nihil habet c. vnde summoniri potest and further Nec est inuentus in eadem for that the party may bee summoned by his person If it be in trespasse the retorne may be thus Infranom ' I.S. Nihil habet in balliua mea per quod Attachari potest But the Sherife may not retorne quod Nihil habet c. prout ei aliquo modo constare poterit In a Debt or Trespasse c. Nihil habet is a good retorne without saying Nec habuit post receptionem breuis or Nec habuit die receptionis breuis for it shall be intended Vpon a
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
Collection thereof ibidem Commorans in alio Comitat ' Infranom ' I.L. est Vic' Com. E. Et est commorans in dicto Comitatu E Et non est inuentus in Balliua mea De vendition ' exponas Baron ' infrascr ' certifico Quod illa centum Oues in hoc breue specific ' vendition ' exponere non potui eo quod adhuc remanet in manus infranom ' E.L. nuper Vic' Com' Cantabr ' nunquam mihi praefat ' nunc Vic ' adhuc per praefatum nuper Vic' deliber ' fuer ' A.B. Armig ' Vic ' Aliter Virtute istius breuis mihi directi de die in diem vendit ' exposui illa bona catalla ad valenc ' C.s. residuum de 8. li. quae nuper de bonis catallis terris tenement ' I.S. infranom ' cepi inde vendidi ad valenc ' 40 s Quos quidem 40 s ad dieÌ„ locum infracont ' parat ' habeo ad reddend ' c. prout interius mihi praecipitur Et residuum bonor ' catallor ' praed ' adhuc penes me remanent inuendit ' pro defectu emptorum CHAP. 84. The Sherifes Returne vpon a precept from Iustices of Peace to Enquire of a Riot or Forcible entrie c. VIrtute istius Praecepti mihi directi venire feci coram Iustic infrascriptis ad diem locum infracont 24. probos sufficientes legales homines de balliua mea prout interius mihi praecipitur Residuum executionis istius praecepti patet in quadam schedula huic warranto annex ' A.B. Armig ' Vic' Cantabr Nomina Iurator ' ad inquirend ' pro Domino Rege de quibusdam ill citis aggregationibus riottis Schedula c. apud Abb ' magna commissis Summon ' ad essend coram Iustic ' Domini Regis apud Linton in Comit ' praed ' tali die anno secund ' exigenc ' cuiusdam warranti huic schedulae annex ' And then vnderneath write downe the names of the twentie foure thus Et sic de caeteris ad uumerum 24. T.B. de Lynton R.B. de eadem I.P. de H. Quilibet Iurator ' praedict ' separatim per se attachiatus est per pleg ' Ioh. Doo Rich. Roo Exitus eorum cuiuslibet xx s A.B. Arm ' Vic' CHAP. 85. Returne of Iuries IVries are of two sorts scz for Enquiry or Triall For Enquiry For Inquirie the Sherife vpon the precept of the Iustices is to summon and to returne the grand Iuries to the Assises or Gaole deliuery and to the Quarter Sessions c. Hic ca. 46 47. Hee is likewise to summon and returne Iuries for Enquiry before the Iustices of peace at their priuate Sessions hic cap. 84. as also before other commissioners before Escheators Coroners and Clerks of the Markets vpon their seuerall Precepts directed to him for that purpose Hic Cap. 83. 100. Iuries for triall For Triall betweene party and partie the Sherife likewise vpon the Kings writ is to summon them and to returne the pannell of their names at the day and place in the Writ limited together with the Writ And for these Iuries for tryalls the Sherife ought to make their Pannels so as that the parties may haue Coppies thereof before their triall And these coppies of Pannells shal be indented and deliuered to the parties vpon demand before the sitting of the Iustices Baylifes of Liberties must returne to the Sherife the names of persons by them impannelled eight dayes before the Assises c. The Sherife is to summon warne or distreme all such persons as he mindeth to returne vpon any Iury either for enquiry or triall And if the Sherife shall returne any Iuror not lawfully summoned c. the Sherife is punishable So if the Sherife shall summon c. any Iuror and shall not returne him he is punishable None are to be put vpon any Iury but such onely as were summoned to the same at the first And yet Pannells returned before Iustices of Gaole deliuery or before Iustices of Peace in their open Sessions for Enquiry may be reformed by the Iustices And the Sherife ought to returne the Pannels so reformed And so of Pannels for tryall vpon a Tales de Circumstantibus granted by the Iustices c. Also Iurors aswell for Enquiry as fortriall shall be returned by the Sherife without any denomination of any person whatsoeuer other then the Sherifs sworne Officers c. And the High Sherife by his oath must make the Pannels himselfe Now what manner of persons Iurors for Tryalls shall be 1 First they must bee Probi Legales homines Probi scz such as are not discredited or disabled in their credits in law by attainder in conspiracie in atteynt Decies tantum periurie subornation of periury concealement or such like Legales scz such as are not vtlawed abiured condemned in a Praemunire or atteynted of treason or felony 2 They must be such as are neighbors sufficient not suspected nor labored 3. They must also be Liberi scz Freeholders Except where an Alien is a party there the one halfe of the Enquest shall be of Aliens though they haue no land or in some few other cases But the Sherife ought not to returne vpon any Iury any Baron of the Parliament Nor any of the Clergy though they haue Lay fee. Nor tenants in ancient Demesne except they haue other lands Nor Officers of the Forrest Nor any of the Coroners of the Countie Nor any of the Officers or seruants belonging to any Sherife Vndersherife Coroner Steward of Franchise or Gaoler Nor any person being aboue the age of lxx Nor any person decrepit Nor any persons diseased at the time of their Summons Nor any Enfant vnder the age of xxj Nor any person dwelling out of the County Nor any person hauing a Charter of Exemption if he shall shew the same to the Sherife Nor any Alien except where an Alien is party to the suite Nor any person which is of kindred to either partie Plaintife or defendant Nor he which is a seruant or hath a yearely fee of either party Nor he which is within the distresse of eithâ—â— party Nor he which maintaineth either party in the same suite Where a Peere of the Realme is party to the action there must bee two Knights at the least returned of the Iury. Also vpon triall of any issue the Sherife must returne in euery Pannell vpon the venire fac ' Sixe Hundredors scz Sixe sufficient persons of the Hundred where the land in controuersie lyeth or where the fact is supposed to be done The Sherife shall returne no Iuror without a true Addition Addition of his dwelling place or some other Addition by which he may be knowne And baylifes of Liberties shall deliuer vnto the Sherife vnder their hands the names of all such persons within their Liberty as are meete to be Iurors with the true addition of their dwelling place
and the Sherife must returne it accordingly Iurors for Enquiry ought also to be Probi Legales CHAP. 86. Iurors their number VPon euery Venire facias for the impannelling of a Iury the Sherife must returne 24. neither more nor lesse In a Writ of Attaint the Iury called the Grand Iury must be 24. And the Sherife must returne but so many Hic cap. 51. And in all other actions trialls or enquiries the Sherife vpon any Writ or precept directed to him for returning of a Iury hee is to impannell and returne xxiiij The Iury in a Writ of Right called the Grand Assise must be of foure Knights or of others in default of Knights summoned and returned by the Sherife which 4. Knights c. are to chuse a Iury of xij vnto them and so in all here must be xvj all which are to be summoned by the Sherife vpon a writ to him directed and their names to be returned At euery Gaole deliuery and Sessions of the Peace the Sherif is to return 24. Iurors for enquiry out of euery Hundred besides 24. for the body of the County hic cap. 46. 47. Vpon a Precept to the Sherife from Iustices of Peace out of their Sessions to return before them a Iury to inquire of any riot or forcible Entrie the Sherife must returne 24. But vpon issue ioyned vpon prescription of Common in a great wast lying in two Counties and a triall awarded de Vtroque Comitatu if in each Pannell twelue onely be returned it seemeâ—h to be good Iuries for enquirie in the Sherifes Turne shall be of twelue at the least And so in all Enquiries made or Inquisition takeÌ„ by the Sherife Escheator or other commissioner the same ought to be by 12. Iurors at the least And so of Trialls in the Countie Court by a Iusticies the same ought to be by twelue men Note that where seueral Indictments are preferred against diuers seueral prisoners the Sherife may returne one and the same Iurie two or three seuerall times to trie those prisoners so as the euidence against all the prisoners be deliuered all at one time No Sherife or other Officer shal take any reward or promise of reward for sparing not warning or not returning of any Iuror for triall of any issue sub poena 5. li. The Sherife is to adde and annex to his Pannell the names of such persons as shall bee impannelled vpon the Tales Note that there may be many Tales one after another till the Iurie be full as a Decem Tales Octo Tales c. Sex Tales c. But euery Tales must bee of a lesse number than the former And euery Tales must bee of fewer than the principall Pannell except in Indictments and Appeales that touch life And euery Tales must be of an euen number And they must bee others of the same sort that the principall Pannell were of Although the writ be Venire facias xij liberos legales homines yet if the Sherife shall returne the names of twelue onely he shall be amerced And if hee shall returne twenty three and twelue of them shall appeare and giue their verdict yet it is erronious CHAP. 87. The sufficiencie of Iurors BY a statute made 21. Ed. 1. and yet in force euery Iuror for triall of any matter within the county must haue in freehold per annum 40. s. Euery Iuror for triall of any matter out of their County must haue in freehold per annum at least v.li. Now it is to be obserued that forty s. in those dayes doth make at this present at the least six pounds of our money and therefore for the returning of more sufficient Iurors for trials by later Statutes it is now enacted that where formerly they ought to haue forty shillings per annum Now the Venire facias shall haue this clause Quorum quilibet habeat 4. li. per annuÌ„ ad minus And vpon such a Venire facias the Sherife shall returne no person vnlesse hee may spend 4. li. per annum of Freehold within the county and out of Antient Demesne And where that clause is left out of the Venire facias scz quorum quilibet habeat 4. li. there the Sherife may return such as haue any Freehold within the Countie where the Issue is to be tried But these last Statutes extends not to any Iurors to be returned in any citie or towne corporate or in Wales Againe no person shall passe in any Enquest touching life nor in any plea reall or personall whereof the debt or dammages declared amounts to fortie Markes except such person haue fortie shillings in land per annum so that they be challenged for that cause c. But where any Alien is a partie one half of the Enquest shall bee Aliens though they haue not 40 s per annum In writs of Attaint the Sherife is to returne vpon the graund Iurie more sufficient men scz if it be in plea of lands or for deeds concerning Lands of forty shillings per annum or in any Action personall of fortie pounds or more euerie of the grand Iurie must haue in freehold lands per annum twentie markes at the least See hic cap. 51. Euery Iuror returned before Iustices of Peace to enquire of any forcible Entrie c. must haue 40 s freehold ê‘ annum Euery Iuror returned before Iustices of Peace to enquire of any Riot c. must haue xx s free-hold ê‘ annum or in Copihold xxvj s viij d. per annum Vpon a Commission to enquire of the default of Iustices of Peace and Sherifes in not executing the Statutes made for suppressing of Riots such Iurors onely shall be returned as haue xx pounds ê‘ annum at the least Euery Iuror returned before Iustices of Peace to enquire of concealements of other Enquests must haue 40 s per annum Euery Iuror returned before Escheators or Commissioners to enquire of any lands must haue 40 s freehold ê‘ annum Euery Iuror impannelled in the Sherifes Turne must haue xx s. freehold ê‘ annum or in Copihold xxvj s. viij d For the sufficiencie of Iurors in Lancashiere Wales London and corporate townes See the Statutes Note that Tenant for life yeelding a rent with a clause of Reentry for Non payment is no sufficient freeholder to be sworne of a Iury his estate being so defeasible A Lease is made to B. for yeares the Remainder to C. in fee here C. may passe vpon a Iury for this freehold B. maketh a Lease for x. yeares absque aliquo reddendo here B. is a sufficient freeholder to passe vpon a Iury for his freehold remaining Plus hic cap. 92. Note that it is needfull for the Sherife to haue a booke conteining the names of all the Freeholders within his County and their sufficiencies that so he may not onely make the Pannells according to his oath but may also know their sufficiencie to be sureties or Pledges c. for others And besides if they returne any Iuror in
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.