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
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
attend it wholly They are vsually to be nominated yearely by the Lords c. and after are appointed by the King Their election or nomination shall be yerely in the morrow after Al Souls at the Exchequer This Office is determinable Determinable at the Kings pleasure But it cannot bee determined or apportioned as for one Towne or Hundred or other part of the Shire but must continue entire for the whole Countie except where any Town is made a Countie of it selfe and hath a Sherife within the same Towne c. Neither can this Office bee determined nor any part thereof vntill a new Sherife be made except by death of the King or of the Sherife Neither may the Sherife be abridged of any thing incident or belonging to his Office CHAP. 2. THe new elect Sherife at his entrance into his Office must first by himselfe or his Deputie enter Recognisance with sufficient sureties in the Exchequer in the Kings Remembrancers Office there before hee receiues his Patent 1. Must entâ— RecognÌ„ or exerciseth any part of his Office sub poena a hundred pounds The forme of the Condition of which Recognisance you may see hic Cap. 125. Next he must procure his Patents 2. Must prâ—cure his Patents from one of the Clerkes of the Chancerie scz The Patent of his Office whereby the custodie of the Countie is committed to him The Patent of Assistance whereby all the Kings Subiects within that Countie are commanded to be ayding to him He must also procure a writ of discharge to the old Sherife to discharge him out of his Office the which would be deliuered with speed for vntill that be deliuered to the old Sherife he may still doe execution of all Processe or other thing belonging to his Office 3 Must take his Oathes Also the new Sherife before he meddles in his Office must take two corporall Oathes The one to the Kings supremacie The other concerning the due execution of his office These Oathes may bee taken before one of the Iudges of the Assises of that Countie or before a Master of the Chancerie or else before Commissioners in the Countrie by a Dedimus potestatem The retorne whereof see hic Chap. 81. But vntill the new Sherife hath taken these oaths hee may not intermeddle in his office If he shall exercise his Office before he hath taken both these Oaths he is fineable in the Star-Chamber So if he shall not performe his oath concerning his office in euery behalfe he is fineable as aforesaid besides it is periurie The parts of his Oath concerning his Office are these First Truly to keepe the Kings rights of his Crowne scz his Lands rents franchises suits c. Secondly Not to respite the K. debs Thirdly to doe right to all in all things belonging to his Office Fourthly to acquite at the Exchequer the Kings Debtors hee hauing receiued their debt Fiftly truly to serue and returne all Writs Sixtly Nota. Not to haue to his Vndersherife any of the Sherifes Clerks of the yeare last past Seuenthly to take no Baylifes but such as he will answer for and such as be true and sufficient in the Countie Eightly To make each of his Baylifes be sworne for the true execution of their Office Ninthly to receiue no writ vnsealed Nor any sealed but by justices hauing authoritie c. 10 To suppresse Heresies called Lollaries and to assist the Ordinarie therein See hic Cap. 100. 11 To bee resident in his Countie except by licence 12 Not let to farme his Sherifwick nor any Bailiwicke 13 To set and returne reasonable and due issues after the estate of the parties Nota. 14 To make the Pannels himselfe and of persons dwelling neere sufficient and not suspect nor procured 15 To execute the Statutes of Winchester and of Vagabonds Now concerning the statute of Winchester the Sherife 1 First is to proclaime the same statute in euerie Hundred of his countie and in euerie Market towne by his Baylifes foure times in the yeare yet this seemeth now little in vse 2 He is to keepe horses and armor to follow hue and crie 3 If any suspected persons shall be taken vpon Hue and crie or by the Constables or townesmen vpon their Watches by night or by day and shall be deliuered to the Sherif he is to inroll the same and to commit them vntill the comming of the Iustices of Gaole deliuerie and in the meane time the Sherife is to enquire of the offendour by a Iurie whose presentment therein he must return before the said Iustices with the bodies of the offendors But now these Offendors are dealt withall by the Iustices of peace at the Sessions and therefore the Sherife not troubled with them as it seemeth otherwise than by enquirie in their Torne which see hic postea Cap. 107. But concerning the Statutes of Vagabonds I see not what the Sherife is to doe by vertue of his Oath or Office by any Statute now in force in that behalfe saue only to arrest commit them as suspected persons Hic cap. 4. The Sherife also is to take the Oath of Allegiance whensoeuer it shall bee lawfully tendred to him The new Sherife at or before his first Countie Court 4 Must take all prisoners and Writs or vpon the writ of discharge deliuered to his predecessors must take ouer from the old Sherife all his prisoners which are in the Gaole by their names and all his writs precisely by view and by Indenture to be made betweene the old Sherife and the new These Indentures must contain and expresse 1 All the causes which the old Sherife hath against euerie prisoner at the perill of the old Sherife with the prisoners names 2 All Writs with the names of the Plaintifes and of the Defendants and the dayes of the Retorne For the new Sherife shall bee charged onely with such prisoners and with such causes or Executions wherof he shall haue notice giuen him from the old Sherife The new Sherife is not bound to receiue any prisoner from the old Sherife but onely at the Gaole And yet if the new Sherife shall receiue the prisoner out of the Gaole the old sherife is discharged by such deliuerie and receiuing of the prisoner Also the new Sherife may compell the old Sherife to make deliuery by Indentures of all prisoners and of all executions against them and yet if the new Sherife will receiue them otherwise it sufficeth But where the old Sherife shall happen to die during the time of his Office there without deliuerie or notice the new Sherife is chargeable presently with all prisoners is also to take notice of all Writs in the hands of his predecessor c. and of the Contents thereof and of all prisoners and the causes of their commitment as it seemeth The form of the Indentures for seting ouer prisoners and writs between two Sherifes see in my booke at large Note that by the death of the king or
by the common Law the Sherife is a principall conseruator of the peace and therefore vpon request to him made he may cause another to finde suerties for the peace and may take the same suertie by Recognisance and that ex Officio Yea the Sherife may apprehend arrest and commit to prison all Affrayors and such others as shall in any sort breake or attempt to breake the peace in his presence and within his Countie and may cause them to finde sureties for the peace But yet a Sherife ought not to execute the office of a Iustice of peace in the same Countie by force of any commission of the peace during the time that he is Sherife Also euery Sherife by vertue of his Office may take Posse Comitatus in these cases following scz When any of the Kings enemies shall inuade the land When any rebellion insurrection or ryot c. shall be To pursue apprehend and imprison Traitors Murderers Robbers and other Felons and that as well within Franchises or Liberties as without To execute the Processe and Warrants of the King and of his Iustices Plus hic cap. 95. Also vpon notice of any ryot vnlawfull assemblie Affray or other offence against the Peace the Sherife ought to raise the power of the Countie if need be to apprehend and imprison such malefactors They may arrest and commit to the Gaole all persons by them suspected which be vagrant or which shal walke by night or day and be of euill name or fame And it seemeth they may bind ouer such persons with Sureties by Recognisance to the next Sessions or Gaole deliuerie They may arrest and commit to the Gaole all such as goe or ride armed offensiuely scz in affray of the Kings People and may take away their Armour to the Kings vse and prcise the same by the oathes of some present If any Subiects Purueyour or Cator shall take any mans goods or any carriage against the ownors will the Sherife vpon request and notice thereof is to arrest and imprison the offendors c. sub poena 20. li. The Sherife or Vnder-sherife sub poena 100. li. must ioyne with the Iustices of peace 1 To arrest and imprison Ryoters c. 2 To record the Ryot in writing 3 To enquire thereof by a Iurie if they were gone before the comming of the Iustices and Sherife 4 And to certifie the King and his Coâ—ncell thereof if the truth cannot be found vpon such enquirie 5 If the truth thereof cannot bee found by reason of any maintenance they must also certifie the names of such maintainers and their misdemeanors sub poena 20. li. If any persons shall make resistance or disturbance to the Sherife or his Officers in the execution of the Kings Proces it seemeth the sherife may presently imprison such Resisters Sherifes may baile prisoners in diuers cases Hic cap. 96. Sherifes also haue the keeping and the Cognisance and the correction of the Assises of bread and ale and of false weights and measures and may enquire thereof in their Tourne and may adiudge them to bodily punishment See plus hic postea tit Torne ca. 109. Also in the execution of some Writs as in a Writ of Redisseisin in a Writ to enquire of Wast and in a Writ of admesurement c. the Sherife is both a Iudge and an Officer and so hath a twofold authoritie scz As a Iudge to hold plea of the matter to examine it to giue iudgement and in some cases to commit to prison yea and to make out Processe against the offendors As an Officer to execute the Processe and to retorne the same But this iudiciall or absolute power the Sherife cannot grant it ouer neither may he execute it by his Vnder-sherife or other Deputie as it seemeth but must sit and execute it in person although it be within a Franchise CHAP. 5. The ministeriall Office consisteth principally in these things following 1. TRuly to keepe the Kings rights of his Crowne within his Countie scz the Kings Lands Franchises suits c. Cap. 6 7 8. 2 To gather the profits and monies due to the King within the Countie Cap. 9 c. 3 To seise to the Kings vse the goods of Felons Fugitiues persons outlawed treasure troue waifed goods wrecks c. Cap. 14 c. 4 To execute returne all writs commandements directed to him from any of the Kings Courts Cap. 20 c. Note that whatsoeuer the Sherife shall doe in these former businesses Virtute Breuis scz by vertue of the Kings Writ or other Warrant from the Kings Courts is warrantable But what he shal do virtute or colore officij is not always excusable or so safe 5 To impanell Iuries and returne them Cap. 85 c. 6 To be attendant vpon the Iudges in their Circuits c. Cap. 98. 7 To assist the Iustices of peace and to execute their Precepts Cap. 99. 8 To execute the Precepts of other Commissioners Cap. 100. 9 To execute the Precepts of Eschetors and Coroners cap. 100. 10 To assist the Ordinaire in suppressing heresies Ibidem 11 Duly to keepe his Courts scz His Tourne Cap. 106. His Countie Court Cap. 110. 12 To proclaime certaine Statutes c. Cap. 102. CHAP. 6. FIrst The Sherife by his Oath is truly to keepe the Kings Rights scz that they be not decreased cancelled or withdrawne be it in his lands franchises suits or other things Concerning the Kings Lands In antient times Sherifes in their Tornes did enquire of alienations in Mortmaine and of alienations by the Kings Tenants without Licence and in such cases the sherife might haue seised the lands so aliened to the Kings vse as lands forfeited or escheated At this day where any man shall encroach vpon the Kings lands or vpon the Kings Highway or shall leuie or make any house or building wall or hedge c. vpon the Kings land or highway Or shall make any inclosure thereof these are purprestures and to be enquired of and reformed by the sherife in his Torne and they may be seised by the sherife into the Kings hands or may bee pulled downe c. Hic Cap. 107. Where without any offence found or other matter of Record there is a possession in Law vested in the King of any lands c. scz where the Freehold is cast vpon him in law there it seemeth the Sherife or Escheator ex Officio may seise and take the Issues and profits of the same lands to the Kings vse making account for the same As where any lands c. shall come to the King by discent Remainder or Reuerter Also the Kings Officer may seise these things following as Royalties belonging to the King by his Prerogatiue or otherwise comming to the King or Crowne by escheat or forfeiture and to answer the issues and profits thereof c. As First the lands and profits of the lands of aliens within their Countie The lands and profits of such lands as come to the
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
chargeable to all Amerciaments and Fynes assessed in anie of the Kings Courts whereof see hic antea cap. 11. But Sherifes shall not bee charged with nor accomptable for any amerciaments issues or fynes other than those for which they shall haue warrant to leuy vnder the Seale of the Eschequer Neither are they to gather or leuy any amerciaments issues or Fines vntill they haue receiued such warrant or Estreat vnder the seale of the Eschequer The king shall haue all Amerciaments Fynes Issues and forfeitures lost or forfeited before any of his Iudges or Iustices in any of their Courts or Sessions Or forfeited in the Courts of Eschequer of Wards or of the Dutchy or before the Steward of the kings House the Commissioners of Sewers and the Clarke of the market c. but these must bee first Estreated into the Exchequer and from thence processe goeth out to the Sherife to leuy the same as aforesaid And those Estreats shall mention how much euery one is to pay and by those Estreats the Sherife is to receiue the kings debts and these issues fynes and amerciaments and to make acquittances or tayles thereof to the parties and thereof to acquit the Debtors at his next accompt Hic cap. 10 90. And yet note that the Estreates of the Iustices of Peace be an immediate warrant for the Sherife to leuy not only the Fynes and Amerciaments but also all other issues and forfeitures whatsoeuer arising before them Hic 125. The King shall haue all Amerciaments fines issues and forfeitures forfeited in any of the Sherifes Courts within Wales and the Sherifes of Wales shall accompt for the same but not so of other Sherifes in England By the Statutes of 2. 3. E. 6. cap. 34. it appeareth that Sherifes shall bee accomptable for all Fynes for Alienations and Intrusions made by the Kings Tenants c. within their Countie as well as for Fines imposed vpon Offendors And for such Alienation or Intrusion after an Office thereof found and processe out of the Eschequer receiued the Sherife or Escheator may seise the lands for the fine CHAP. 14. Forfeitures VVHere the Sherife may seize the Lands Lands or profits of the lands of persons attainted for Treason or felony c. See hic cap. 6 For misprision or concealing of Treason the offender being attainted shall forfeit to the King the profits of his lands c. during his life In case of Praemunire the Offendor shal forfeit his fee simple lands for euer and the profits of his intayled lands during his life Felons condemned or which be fugitiues the king shall haue the meane profits of their freehold lands from the time of the felony committed vntill an Office c. found for the king and the yeare and day next after the Office found And yet by some opinions the king shall haue the profits of their lands but for the yeare and day after their attainder For pettie Treason or felony the King shall haue the profits of their lands intailed during the Offendors life So if Tenant in Dower tenant by the Curtesie or Tenant for life commits felony c. the king shall haue the Escheat but during his life Where the person attainted is seised in right of his wife the king shall haue the profits of such lands during the husband and wifes life Of Lease for life or yeares he forfeits the Terme And in these cases the Officer may seise the profits of such lands to the vse of the king See hic cap. 6. But in cases of Heresie Coniuration Witchcraft Sodomie and the like there shall be no forfeiture of lands for that the offences be spirituall Goods All goods and chattells reall and personall mooueable and vnmooueable of persons attainted for treason felony misprision or Praemunire or for heresie coniuration or witchcraft c. shall be forfeit to the king scz all such goods as they shall haue at the time of their attainder And these the Sherife or other Officer may seise ex officio And in these and all other forfeitures the Towne is chargeable with the goods and therefore they also may seise them wheresoeuer they be It seemeth by Master Glanuile That in his time for theft the Sherife himselfe had the felons goods which were forfeited to his owne vse But now the Statute de Praerog Regis cap. 16. giueth all felons goods to the king the words whereof are Rex habebit omnia catalla felonum dampnatorum fugitiuorum c And vnder this word Catalla bee comprehended Leases for yeares the issues of lands and tenements corne growing debts due by obligation Statutes or Recognizances or vpon an accompt goods wrongfully taken from the felon and stollen goods and Debts due vpon a simple contract c. An obligation made to two or two possest of a horse oxe or other entier chattell and the one of them is attainted the king shall haue the whole debt due vpon the obligation as also the horse or oxe c But note that alwayes when any forfeiture is of any selons goods it ought to appeare of Record Neiâ—her may the Sherife or other Officer seise the goods of any person imprisoned or indicted for felony before he be attainted of the same but yet the Officer may cause suretie presently vpon the taking of the felon to be giuen that the goods be not imbeazeled c. and for want of Suretie the Officer may seise them and may preise them and deliuer them to some of the neighbours of the towne where the goods are by them safely to be kept vntill the Offendor bee conuicted or acquited yeelding to the felon reasonable maintenance thereout for himselfe and his family so long as he shall bee in prison Also where one is found guilty before the Coroner of the death of another or where it is found before the Coroner that one did flye for felony in these cases the Officer may presently seise vpon their goods without any conuiction And if a man shall flye for felony though his goods be not thereby presently forfeited yet the Sherife may seise his goods and the profits of his lands to the kings vse vntill the fugitiue shall be attainted or acquited Vpon a fugam fecit presented before the Coroner the goods ought presently to be seised by the Sherife or his Officers and praised by an Enquest and the Sherife shall cause the appreisement to be entred and inrolled in the Coroners Roll and shall then deliuer the goods to the Towne c. who shall be answerable to the king for the same But for the issues and profits of the lands of felons and fugitiues the Sherife is chargeable therewith and not the Towne and the Sherife shall seise them into the kings hands without taking any Enquest A man arraigned for felony stands mute or challenges aboue 35 without cause he shall forfeit his goods A Clerke conuict and a Clarke attaint shall forfeit their goods A man abiures before the Coroner
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
Writs concerning common Plees Reall or personall are of two sorts scz Praecipees or Si fecerit te Securum c. Vpon Praecipees the Sherife is to command the defendants to doe somewhat in certen which the Plaintife sueth for which if he doe not then the Sherife is to serue the processe But vpon Si fecerit te Securum the Sherife is to serue the processe without more adoe CHAP. 23. Warrants vpon meane proces their formes THe Sherife or his Vndersherife to whom any meane Processe or Writ shall be deliuered are either to execute it themselues or else are speedily to make out warrants to their baylife or other Officers for the execution thereof And these warrants must bee made according to the seuerall natures of the Writs which for the substance will direct them therein But whether these warrants be made in Latin or English it is not materiall so that they bee made in due forme The forme of a warrant from the Sherife to the Baylife to cause one to appeare A. B. Cantabr Miles vicecom ' Com' pred balliuo (a) (a) Libertatis de E. Omnibus balliuis meis tam infra libertat ' quam extra Omnibus balliuis meis infra comit ' pred Hundred de R. (b) (b) Necnon I. W. T. B. balliuis meis hac vice eorum cuilebet salutem Ex parte Dom ' Regis (c) (c) Vobis coniunctim diuisim Vobis cuilibet vestrum coniunctim diuisim tibi mando quod (d) (d) Capiatis seu vnus vestrum capiat capias I.S. si c. Et eum saluo c. Ita quod habeam corpus eius coram (e) (e) Domino Rege if in the Kings Bench c. See cap. 75. Iustic ' Domini Regis apud Westm in (f) (f) Die Iouis prox ' post Octob. Octobris Sancti Hillar ad respond C. D. de ê‘lito (g) (g) Transgressionis Conuentionis Detentionis c. Debiti Et hoc c. Datum sub sigillo Officij mei decimo die Aug An' regni Domini Regis nunc Angliae c. 3. Per A.B. milit vice com' Warrant de Destring ' Cantabr A B. c. vt supra mando quod distring ' I.S. de W. armig ' ê‘ omnes terr' catalla sua c. Ita quod habeam corpus eius coram Iustic ' c. Ad respondend tam Domino Regi quam I. D. de ê‘lito transgress c. sub poena C.s. Alias Ita quod habeas corpus eius coram Iustic ' domini Regis ad pacem in Com' praed ad prox ' Session ' suam apud C. tenend ad respond dicto domino Regi de diuersis transgress vnde Indictatus est c. sub poena 40 s Another forme of a Warrant Decimo die Aug. An' Dom ' 1628. By vertue of the Kings Maiesties writ to me directed Cantabr retornable Coram Domino Rege apud Westmon die Iouis prox ' post quind saÌ„ct Hillarij c. reciting the words in the writ you shall arrest I.S. if he may bee found within my Bayliwicke to answer to C. D. in a plea of trespasse c. or in a plea of debt c. according to the writ Datum sub sigillo Officij mei die anno suê‘dictis ê‘ A.B. Milit ' Vicecom ' To I.P. and R. S. my speciall Bailifes in this behalfe ioyntly and seuerally greeting A good forme of a warrant to be vsed vpon Executions or vpon a Capias vtlagatum c. Cantabr A. B. Miles vic' Com' praed omnibus balliuis meis tam infra libertat ' quam extra Necnon I.B. C.D. balliuis meis hac vice tantum salutem Ex parte dom ' Regis vobis cuilibet vestrum coniunctim diuisim mando Quod Capiatis seu vnus vestruÌ„ Capiat I.S. si c. vt supra CHAP. 24. Executions how to be done and executed And first vpon a Statute Merchant VPon a Statute Merchant Statute Marchant the Sherife vpon the Capias must first take the body of the Conusor or Debtor if he be a Lay-man and can bee found and must keepe him safely in prison vntill he hath satisfied or agreed for the debt and damages And after halfe a yeare which time is giuen to the debtor being taken to sell his lands and goods to pay his debts if the debt be not satisfied then vpon an Extendi fac ' the Sherife shall by a Iury preise the lands and goods and then shall deliuer all his lands and goods to the Creditour by a reasonable rate extent or value and yet the body shall remaine still in prison vntill the debt be paid Also vpon the Capias if the party canot be found and that a Non est inuentus bee retorned by the Sherife an Extent or Extendi facias shall goe out against the Conusors lands and goods and against his body vpon which the Sherife shall presently cause all the Conusors lands and goods to be preised by a Iury and to be deliuered to the Creditor or else hee may cause the goods to be sold so far as the debt doth amount and the debt to be presently paid to the Creditor And the Sherife shall deliuer the same lands and goods to the Creditor at a reasonable price scz as much as doth amount to the debt c. And here if the Sherife shall retorne that he hath extended the lands c. he must retorne further that he hath deliuered the same to the Plaintife Hic cap. 58. If the preisors of the lands or goods scz the Iurors doe ouer value them then shall the same lands and goods be deliuered to the same preisors at the same price and they forthwith shall be answerable vnto the Creditor for his debt or duty contained in the Statute Merchant and chargeable with the payment thereof at such dayes as the Rents or reuenues are payable or receiuable CHAP. 25. Execution vpon a Statute Staple VPon a Statute Staple the Sherife vpon the Writ of Execution shall take the body of the Conusor si laicus fit c. And shal also presently by a Iury extend and value or preise his lands Tenements goods and chattels But the Sherife must seise the lands and goods into the Kings hands and shall retorne the same extent and Presentment into the Chancery whereupon a Liberate shall come to the Sherife to deliuer those lands and goods according to the same Extent or Preisement to the Conusee if he will to the value of his debt and damages c. And so note that vpon a Statute Staple the Extent and preising of the lands and goods of the Conusor shall be first made and retorned by the Sherife But the Sherife shall make no deliuery thereof to the Conusee till the Liberate come vpon which Writ deliuered to the Sherife hee shall then without any other Inquisition deliuer to the Conusee such lands and
goods as were before taken in execution and according to the former valuation by the Iury. And the Sherife hauing taken the body of the Conusor must keepe him safely vntill he hath satisfied the debt and damages or otherwise agreed for the same If the preisors of the lands or goods doe ouer value them then they shall be deliuered to the Preisors and they shall be answerable to the Creditor as in case of a Statute Merchant The Sherife vpon an Extendi facias to haue execution vpon a Statute Staple doth extend the lands of the defendants and preiseth his goods and seiseth them into the Kings hands according to the Writ but before the deliuery thereof to the Conusee another writ of Praerog commeth to the Sherife out of the Eschequor for the King to leuy a debt for the King the Sherife must first leuy the Kings debt and to retorne that Extent into the Eschequor for the King by his Praerogatiue shal first haue execution of those lands and goods for that the property of the goods nor possession of the lands are not in the Conusee vntill they be deliuered to him by the Liberate Plus hic cap. 58. Also note that the King shall be preferred in all his suites and executions before any subiect scz if his suite bee commenced before the other hath iudgement Againe for the Kings debt by specialty not onely the body of the Debtor but also his lands and goods in his owne hands or in the hands of his heires assignes executors administrators or possessors are lyable hic cap. 10. Yea the heire in Tayle is chargeable And all obligations and specialties made to the King for any cause shall be of the force of a Statute Staple CHAP. 26. What lands shall bee extended or taken by the Sherife in execution vpon a Statute in case of a common person VPon a Statute Marchant or Staple all fee simple lands which the Conusor had at the time of the Statute acknowledged or at any time after are extendable into whose hands soeuer they shall come In a writ of Debt execution shall be of any land which the defendants had the day of the iudgement giuen Lands intayled are lyable onely duing the life of the Conusor But if he sells the lands then are they liable in the hands of his feoffee A Lease for life or yeares is extendable The wifes lands are extendable during the Couerâ—ure Lands in Ancient Demesne are extendable quaere tamen Copihold lands are not extendable A Rent may be deliuered in Execution But an Anuitie cannot be deliuered in Execution Nor any other thing which may not be granted or assigned ouer Lands come to the Kings hands can not bee extended and so all other the Kings lands are exempted from executions Reuersions and Remainders shall be extended eum acciderint If the Conusor be taken and dyeth in prison yet his lands and goods may be deliuered to the Conusee in execution If the Conusor escapeth out of prison yet his lands and goods may bee extended c. If the lands be in execution to another man or that another is in possession of the land by Discent the Sherife may not put them out of possession without a Scire facias And therefore in such cases the Sherife ought first to retorne such speciall matters vpon the writ de Extendi facias Vide hic retorn de Elegit Goods All the goods and leases for yeares which the Conusor or Debtor had the day of the Iudgement or at the time of the Statute or Recogn ' acknowledged shall be extended by some opinions But yet by the better opinion onely such goods as he had at the day of the execution awarded or sued Plus hic cap. 20. CHAP. 27. Execution vpon a Recognisance VPon a Recognisance the Sherfe is to extend the moytie of all the lands c. which the Conusor had at the time or day of the recognisance acknowledged or at any time after but this is after the Scire facias retorned by the Sherife and thereupon an Elegit awarded to the Sherife And this Extent of the moytie of the lands shall be made by the Sherife by meetes and bounds Also the moyty of the lands which the Sherife hereupon shall deliuer to the Conusee shall be to the Conusee vntill the debt be payd or leuyed at or by a reasonable rate out of the annual rent of the land Also the Sherife vpon a Recognisance is to extend all the goods and chattels of the Conusor except his plow cattell and implements of husbandry And this extent or valuing preising of the lands and goods of the Conusor vpon a recognisance must also be by an Inquisition or Iury of 12. men which the Sherife in such cases must charge to make enquiry according to the writ And if the preisors of the lands or goods scz the Iurors doe ouerualue them then they shall be deliuered to the Preisors and they shall be answerable to the Creditor for the debt as in case of a Statute Merchant CHAP. 28. Execution vpon an Elegit BY force of an Elegit the Sherife may take in Execution deliuer vnto the creditor the one half of all the Lands Tenements and Rents of the Conusor or Debtor at a reasonable extent and all his goods and chattels except his Plow cattell vntill the debt be leuyed vpon a reasonable price or rate scz so that the Conusee out of the goods and yerely rent of the lands may be satisfied his debt in some reasonable time And vpon the Elegit the Sherife may deliuer in execution the moyetie of all such houses lands tenements and rents as the debtor had at the time or day of the Iudgement giuen or at any time after And the execution shall bee made by the Sherife of the moyety of the lands by meets and bounds The Extent or valuation of the lands c. and the appreising of the goods ought to be by a Iury c. for the Sherife himselfe in these and the former cases of a Statute or Recognisance can not appreise the goods nor value and extend the lands neither may he deliuer any goods in execution vpon an Elegit Statute or Recognisance or extend any lands but such as are preised c. by a Iury. But vpon an Elegit if the Lands or Goods be ouerpreised the preisors or Iury are not chargeable nor shall haue the goods deliuered to them as in case of a Statute Note that in all cases where the Sherife is to extend value or preise any Lands or Tenements or any Goods the Sherife and the Iurors may lawfully goe together to the Lands c. to be extended or into the house or vpon the grounds where the goods be and there may value and preise them But the Sherife may not breake open the doores or gates to this purpose Coppihold lands shall not bee deliuered by the Sherife nor extended vpon an Elegit Nor lands in ancient Demesne shall not be
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
the parcells que omnia obtuli deliberare c. but she refused it this is repugnant and void If the Sherife shall deliuer to the wife the moyty of the land in execution for the third part there seemes no remedy against the Sherife but a Scire fac ' against the wife In this writ it is no good Retorne for the Sherife to alledge Nontenancie in him whom the writ mentioneth to be tenant Note that the Sherife may execute this writ scz may assigne the thirds to the wife himselfe without any Iury. Retorn ' breuis ad Inquirendum de dampnis in Dote Executio istius breuis patet in quadam Inquisitione huic breue annex ' Inquisitio Indentat capta apud c. â—oram c. per Sacramentum c. Qui dicunt c. Quod infranom ' I.D. tali die Anno loco obijt seisitus c. de in Tenementis infraspec ' quod tenementa praed ' valent per annum c. Et quod sex Anni 3. quarters Anni delabuntur a tempore mortis pred' I.D. quod A.D. infranom ' sustinuit dampna occasione dotis suae infraspec ' ad valenc ' x. l. In cuius rei testimon ' c. Vpon the writ to enquire of dammages if the Iury will finde no damages and the Sherife maketh his retorn accordingly though the Retorne bee not good yet the Sherife shall not bee amerced for this default of the Iury. Retorne de breue de Droit A writ of Right the writ was that the Sherife should retorne 4. knights to choose the grand Assise retornable such a day and the Sherife retorned that there were no Knights but Burgesses and the Sherife was therefore amerced for in such case the Sherife was to retorne them Knights though they be no Knights See hic cap. 86. And yet in a writ of Right the Sherife retorned two Knights and two Esquires to choose the grand Assise and this was holden a good Returne so as the Sherife returneth That there were no more Knights within the same Countie But by others if they were not all Knights the Sherifes Returne was without Warrant and yet it seemeth that the Sherife may return others in default of Knights Hic cap. 86. If there be not so many Knights in the Countie as the Sherife shall haue in command to return or to summon the Sherife may returne that there are not so many Knights in his Countie A writ of Right was brought in the Lords Court and remooued by a Tolt into the Countie Court and after by a Pone it was remooued out of the countie in Banco and thereupon the Sherife returned the Writ of Right and the Pone but not the Tolt and it was holden that the Sherife needeth not to returne the Tolt CHAP. 57. Aetate probanda IN this writ directed to the Sherife to enquire of the age of the Kings Ward euerie one that shal passe in that Enquest must bee of the age of fortie two yeres at the least And there ought to be twelue of the Iurie as in al other Enquiries And the heire is to informe that Enquest by certaine signes and tokens of the time of his birth c. which signes so giuen in euidence shall be returned by the Sherife as well as the principal matter Quaere for the vse Eiectione firmae Plegij de prosequendo Ioh. Doo Rich Roo Infranom ' I. S. attachiatus est per centum oues pretij viginti librarum Or Infranom ' attach ' est per pleg ' B.C. D.E. Infranom ' I.S. Nihil Nihil habet in balliua mea per quod attachiari potest CHAP. 58. Returne de Elegit VIrtute istius breuis ego A. B. Vic' Com' infrascript ' tali die an' Liberaui I. B. medietatem Manerior ' in Inquisitione huic breui confut ' specificat ' cum pertin ' Elegit per extent ' in dicta Inquisic ' fact ' Tenend sibi assign ' suis vt liberum tenementum suum quousque idem I.B. debitum dampna sua infrascript ' leuauerit prout interius mihi praecipitur A.B. arm ' Vic' Executio istius breuis patet in quadam Inquisic ' huic breui annex A.B. ar ' Vic ' Aliter Inquisitio indent ' capta apud c. per Sacram ' c. Qui dicunt super sacram ' Quod B. C. in breui praed nomin ' tali die anno fuit seisitus in Dominico suo vt de feodo de in vno messuag ' vocat ' c. iacent ' c. modo in occupatione A.I. vid. clari annui valoris c. xl s. Ac etiam de in vno alio messuag ' c. Quae omnia singula praed B.C. nuper perquisiuit sibi haered suis de c. Quod quidem messuag ' in tenura praed A.I. vna cum c. cum pertin ' pro medietate omnium terrarum tenementorum praedict ' Ego praed Vic' deliberari feci I. B. in breue praed nominat ' Tenend sibi c. quousque debitum suum de C.li. vna cum xx s. pro dampn ' c. leuauerit prout c. Et vlterius Iurat ' praedict ' dicunt c. Quod praedict ' B. C. Nulla alia sine plura habet bona aut catalla terras siue tenementa in Com' praedict ' ad eorum noticiam In cuius rei testimonium tam ego praefatus vic' quam Iurator ' praedict ' huic Inquisitioni sigilla nostra alternatim apposuimus die anno loco supradict ' c. A.B. Armig ' Vic' What lands and goods the Sherife may take and deliuer in execution vpon an Elegit and in what manner see hic cap. 28. Vpon the Elegit the extent and valuation of the lands and the preising of the goods must bee by an Enquest of twelue men Also the Sherife is to make execution by meets and bounds See Plus hic cap. 28. Note that if the land be in extent or alreadie taken in execution and then an Elegit commeth to the Sherife at another mans suit yet the Sherife may seise and deliuer the same lands againe to the last man vpon the Elegit scz the reuersion thereof Tenendum c. cum acciderit Or else the Sherife may onely extend and value c. the land and returne the same valuation and shew further that he did not or cannot deliuer the same to the Plaintif or make execution thereof for that another had the same in execution before But for the other moitie of the land which was not extended c. to the first man vpon his Elegit the Sherife may presently seise deliuer the same to any other person vpon another Elegit or execution comming afterwards to the Sherifes hands together with the reuersion of the first moitie cum acciderit Vpon the Elegit Nihil or Nulla bona is a good Returne Also the Sherife may returne the extent
for lands Et nulla bona Or the Sherife may returne the Extent of goods and not lands He may return Mandaui balliuo libertatis c. Vpon an Elegit the sherife deliuered the lands in execution without making seuerance and vpon complaint thereof to the Court another Writ went to the Sherife to make Seuerance A Writ of Extent awarded in the time of one King and executed by inquisition but before the returne thereof the King dieth and after the Sherife returneth the Extent c. quaere if such returne be not without warrant Vpon the Elegit for that vpon the Inquisition it appeared that the Defendant had conueyed his land to another vpon condition c. and yet took the profits the Sherife thereupon returned That he and the Iurie were in doubt whither the land were extendable and prayed the aduise of the Court therein Note That vpon an Elegit against one that hath two Mannors the Sherife may deliuer the one Mannor to the Plaintife in the name of the moitie of all and is not bound to deliuer the moitie of each Mannor And so of two acres of land but this seemeth to bee where the two Mannors c. bee of equall yearely value Breue de Estrepement Estrepement Note that the Sherife by force of this Writ may resist them which are about to make Wast and if otherwise he cannot stay or refraine them from making Wast he may imprison them or make his Warrant to others to imprison them and if it be needfull hee may take Posse Comitatus for his or their aid Extent Extent sur Recogn ' ou Statute Virtute istius breuis c. Cepi corpus infranom ' I.S. cuius quidem corpus ad diem locum infracontent ' parat ' habeo prout interius mihi praecipitur Residuum execut ' istius breuis patet in quadam inquisitione huic breui annex ' A.B. Armig ' Vic. Inquisitio indentat ' capta apud c. 4. die Aug. Anno c. coram c. virtute breuis Domini Regis mihi direct ' huic inquisic ' annex ' per sacrament ' c. Qui dicunt super sacram ' Quod B.C. in breue prad nom ' die recog ' debit ' in eodem breue specificat ' fuit seisitus in Dominico c. de et in manerio de A. in Com' praed clari annui valoris in omnibus exitibus vltra repress C. li. ac de et in Manerio c. Et vlterius iurat ' praed super sacram ' suum pÌ„d dicunt quod praedict ' B. C. die Recog ' debit ' pÌ„dici ' seu vnquam postea nulla alia c. ad eorum notitiam quod extendi appreciari aut in Manus dicti Domini Regis cepi aut seisiri possunt Quae quidem maneria Terr' et Tenementa praedict ' cum pertin ' ego praefatus Vic die captionis huius Inquisic ' cepi in manus dicti Domini Regis per extent ' praedict ' In cuius rei testimon ' c. I.S. infranom ' non est inuentus in balliua mea ideo ipsum capere non possum ad praesens Sed quoad extend et appreciand omnia terras et catalla ipsius I.S. iuxta formam istius breuis executio inde patet in quadam inquisic ' huic bri ' consut ' Quae quidem terr' et catalla in dicta inquisit ' content ' in manus Domini Regis seisiri feci I.S. infrascr ' non est inuentus in balliua mea Et vlterius certifico quod seisiri feci in Maner ' Domini Regis Manerium c. in inquisic ' huic breui consut ' spec ' prout interius mihi praecipitur Residuum execui ' c. Vpon an Extendi facias vpon a Statute Merchant the Sherife may return that the partie non est inuentus and that he hath extended the land and deliuered the same to the Plaintife Vpon an Extent of a Statute staple which is to take the bodie and to extend the lands and goods the Sherife returned that hee hath extended the land but speaketh not of the goods and though this be but part of that the Sherife was commanded to doe yet it was holden to be good for the land Vpon an Extendi facias vpon a statute Merchant the Sherife returned that he had extended the lands but did not returne that he had deliuered them to the Plaintife whereupon hee should haue beene amerced Vpon an Extendi facias vpon a Statute Staple the Sherife extended the lands of the Defendant and preised his goods and seised them into the Kings hands according to the Writ but deliuered them not to the Plaintife which he indeed is not to do vntill the Liberate commeth to him although he ought to haue returned that extent and preisement and after a Writ of Praerog ' came out of the Exchequer commanding the Sherife to leuâ—e first an hundred pounds for the King c. and the Sherife returned the speciall matter vpon the Writ out of the Exchequer Et ideo nihil inde fecit c. and the Sherife was therefore amerced and was compelled to returne the Extent in the Exchequer for the Kings Debt Otherwise vpon an Extendi facias the Sherife may returne the special matter scz That he cannot make execution for that another hath those Lands in execution by force of an Elegit c. or for that another is in by discent c. for that they are not to bee put out of possession without a Scire facias Vpon an Extendi facias vpon a Statute it hath beene holden a good returne that the partie hath no land but onely in antient Demesne Quaere vide hic cap. 26. Vpon an Extendi facias sued by two vpon a statute the Sherife returned That one of the Plaintifes was dead and good Or the Sherife may returne the Conusor Mortuus Vpon an Extendi facias the Sherife returned that the Conusor was dead and also an Inquisition of the Extent of the lands of the Conusor but in the Inquisition no certaine estate was returned but that the Conusor fuit seisitus die Recognit ' c. de Manerio de A. without shewing of what estate and this returne was held insufficient for that seisitus may be for life or in taile in which cases the land after the death of the Conusor is not extendable So that where the Conusors death appeareth in the Returne there of necessitie his seisin must be found to bee of an estate in fee simple onely Vpon an Extent of a Statute the Sherife returned the extent of the land and not of goods and it was allowed Vpon an extent of a Statute Merchant if the Sherife returneth Tarde or returneth Mandaui balliuo libertatis he shall be punished Quaere The Sherife returneth that none came to receiue the land per quod deliberat ' facere non potuit good Also he may returne Non est inuentus nec
returneth a Fieri facias c. hee must withall haue the money in Court at the day Or vpon a Fieri facias if it be duly executed and the money paid to the Plaintife or he otherwise satisfied the Sherife needeth not to return the writ Hic cap. 38. Also vpon a Fieri facias the Sherife may sell a Lease for yeares and yet neuer make any mention thereof in his Returne but to returne generally Quod fieri fecit de bonis catallis c. Vpon a Fieri facias against I.S. who dieth before execution the Sherife may leuie the execution of the Executors or administrators of I.S. Vpon a Fieri facias if it shall appeare to the Sherife that the Defendant hath sould his goods by couin after the Recouerie there the Sherife is to make execution of the goods notwithstanding such sale Plus hic cap. 30 36 29. Vpon a Fieri facias sur Deuastauit vpon a recouerie had in debt against Executors the Sherife may return That the Executors haue sould and wasted diuers other of the Testators goods and conuerted the money to their own vse He may returne That the Executors Nulla habent bona seu catalla de bonis suis proprijs in balliua sua vnde c. Also vpon this writ the Sherife may take and seise into his hands such goods of the testators as are remaining in the Executors hands Formedon Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores Infranominat I.S. I. H. T. S. Vpon a Formedon the Sherife may returne Tarde c. But in a Formdon the Sherif may not returne Quod nihil habet c. Or Non est inuentus c. For that in this writ the Sherife may summon the Defendant vpon the land demanded whither he be Tenant thereof or no. CHAP. 62. Garrantie de Charters THe Processe in this writ is Summons Attachment and Distringas infinite and vpon euerie of these the Sherife may returne as is before shewed In this writ also Nihil is a good returne Briefe de Gard. In this writ the Defendant is to be summoned Vpon this writ the Sherife may returne That the Enfant is in another Countie In this writ vpon the Distresse with Proclamation the Sherife may returne Tarde scz That the writ came so late that he could not make Proclamation Vpon the distresse with Proclamation the Sherife returned that as to the distresse Mandauit balliuo libertatis c. and as to the Proclamation That he made it himselfe this is no good returne by some opinions for that the whole returne and seruing of the writ belongeth meerely to the bailife Tamen quaere for that the Proclamations are to be made by the Sherife in the countie Court therefore he ought rather to execute the whole Grand Cape Virtute istius breuis c. tali die anno per visum R.H. T.H. proborum legalium hominum de com' meo Cepi in manus Domini Regis terras infrascript ' prout interius mihi praecipiter Summonitor ' I.D.R.F. Aliter Or Cepi in manus Domini Regis omnia terras tenementa reddit ' seruic ' cum pertin ' in breui isto specificat ' secundum formam huius breuis Note that the Grand Cape must bee serued scz the lands must be seised into the Kings hands by the view of lawfull men fifteene dayes before the day of the Returne scz before the primo die and the Sherife shall bee accountable for a the issues thereof And yet by some opinions those words Cape in manus nostras are but of form and that the Sherife ought not to seise the lands into the Kings hands by force thereof see hic cap. 11. But the Sherife must summon the tenant to answere to his default further to answere to the Demaundants action Also the Sherife must returne the names of the Summoners and veyours In this Writ the Sherife may return that the party hath nothing per quod Sommoniri potest He may returne Quod nullus venit ex parte querent ' ad ostendend mihi terras ideo non potui Capere c. He may return that there is no such Turne c. Hee may returne Mandaui balliuo libertatis c. Cepi in manus Domini Regis duos solidat ' redditus infrascr ' ê‘ visum c. De Petit Cape vide hic cap. 11. 31. CHAP. 63. Habeas Corpus Et corpus cum causa VIrtute istius breuis vobis Iustic ' infraspec ' certifico quod ante aduentum istius breuis infranom ' I.S. Captus fuit in tali loco prisone c. Commiss pro suspitione proditionis feloniae sur Capias vtlagatuÌ„ or excom ' sur Account pro transgressione or Virtute alterius breuis Domini Regis cuius tenor ' sequitur ' c. Attamen corpus eius coram vobis ad die et locum infracontent ' prompt ' habeo prout interius mihi praecipiter And yet if a man be in prison for treson or felony and be attainted it seemeth the Sherife may returne this and that therefore hee cannot haue the bodie in Court at the day c. Aliter Infranom ' I.S. Captus fuit c. Et Prisone c. Commissus virtute cuiusdam breuis de Capias ad satisfact ' Ideo corpus eius ad diem c. habere non possum prout c. But quaere of this retorne ss For if a man be condemned in any Court for Debt or Damages recouered and his body be therupon taken in execution and then he procures any writ to the Sherife to remoue his body c. The Sherife ought to bring in the bodie at the day according as he is commanded by the writ And withall the Sherife ought to returne the speciall matter and cause of the condemnation that so at last the prisoner may bee remaunded c. Infranom ' I.S. languidus est in prisona Aliter ita quod propter mortis periculum c. ipsum tute remouere non possum Infranom ' I.S. per me non captus fuit Aliter sed ê‘ I. C. militem nuper vic' praedecessor ' meum mihi per ipsum minime delibertat ' in exitu ab officio suo Ideo corpus eius c. habere non possum c. Also vpon these writs it is a good retorne that the party is dead Domino Regi certifico quod I.S. infrascr ' Aliter non detent ' existit in prisona sub custodia mea Nec fuit die receptionis huius breuis nec aliqua causa detentionis ipsius I. penes me residet Et ideo corpus ipsius I. causa detent ' illius coram Domino Rege ad diem locum infracont ' habere non possum prout interius mihi praecipitur And note that these writs of Habedi corpus Corpus cum causa are to bee executed by the Sherife notwithstanding any
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
issues which is not sufficient the Sherife may be inforced to pay their issues for them CHAP. 89. Returne of issues vpon the defendant or tenant THe Sherife stands bound by his oath to set and to returne reasonable and due issues vpon all such as be within his County scz vpon the tenants or defendants which haue such lands or goods after their estate to the end they may the rather appeare And the tenant or defendant making default of appearance after the first attachment returned scz vpon the Distringas shall loose and forfeit issues to the King If the Sherife shal set and return too small issues vpon the tenant or defendant he is punishable When the tenant or defendant is distreined for such issues it seemeth that the Sherife ought to deliuer them to the Mainpernors or Manucaptors and if the party maketh default at his day the Sherife shall answer for those issues in the Exchequer by the Estreates therof made and the Mainpernors shall be answerable therefore to the Sherife Vnder the name of Issues are contained The profits of the lands Quid. and the goods of the party 1 The profits of the lands scz his rents and corne growing But yet for rent the Sherife needeth not to returne that for issues except they be then due And for corne growing the Sherife must be warie in returning them for issues for that they may be lost or spoiled before they be carried 2 Goods scz Corne in the barne and all moouables except apparrell houshold-stuffe horses and their harnesse And by the Stat. the Sherife ought to returne in issues vpon euery defendant or tenant Quantum so much as may arise of the profits of their lands within that County from the day of the Teste of the writ vntill the day of the returne thereof and the value of his goods except vt supra But it seemeth that this Law is not now much in vse whereby as Master Fitzh sayth great inconuenience ariseth besides it is a breach of the Sherifes oath Otherwise at this day the Sherife neede to returne but reasonable issues But be they neuer so great they be forfeit vpon his default and the party hath no remedy and the Sherif shall be chargeable therewith being estreated See hic cap. 11. Note that with these issues the land is chargeable into whose hands soeuer it come after See hic cap. 11. CHAP. 90. What Issues the Sherife must returne vpon Iurors BY the Common Law the Sherife was to returnâ— no Issues vpon a Venire fac ' Iurator ' Hic cap. 78. Neither was it vsed to returne any great Issues vpon the Habeas corpor ' or Distring ' Iurator ' But for the more expedition of Iustice and more speedy triall of issues by Iurors and in some cases of Enquiry there haue beene diuers statutes made as followeth 1 Vpon euery first writ of Habeas corpora or Distring Iurat ' c. to trie any issue the Sherife shall returne in issues vpon euery person impannelled and returned x. s. at the least And vpon the second writ xx s. And vpon the third writ xxx s. c. Sub poena V. li. 2 In actions of Attaint the sherife shall returne in issues vpon euery Iuror at the first Distring forty shillings at the least at the second Distring fiue pounds And the double vpon euery other Distresse Sub poena xx li. 3 Vpon euery precept from Iustices of peace to enquire of a forcible Entrie or Riot c. the sherife shall returne vpon euery Iuror in issues at the first precept or day twenty shillings And at the second day forty shillings And in cases of a Forcible Entry or Deteiner at the third day C. s. and at euery day after double Sub poena xx li. 4 Vpon a Commission to enquire of the defaults of Iustices of peace and Sherifes in not executing the Statutes made for the suppressing of Riots there shall bee returned in issues vpon euery Iuror at the first day twentie s. at the second day fortie shillings at the third day C. s. and at euery day after the double Sub poena 40. li. 5 Vpon an Information vpon the Statute of Liueries the sherife shall returne in issues at the first day twentie shillings At the second day thirty shillings At the third day forty shillings and at euerie day after for euerie time to encrease them ten shillings What issues shall be returned vpon Iurors in London see the Statutes 11. H. 7. 21. 4. H. 8. 3. 5. H. 8. cap. 5. What issues shall be returned vpon Iurors in Wales or in other Cities or Corporate Townes See 27. El. ca. 6. If the Sherife shall returne any Iuror in issues which is not sufficient or hath no land the Sherife shall pay those issues himselfe If the Sherife shall returne any issues vpon any Iuror which was not lawfully summoned or distreyned the Sherife shall forfeit double so much as the said issues returned Plus hic cap. 11. No Sherife shall leuie any issues other than such as are estreated to him vnder the seale of the Exchequer See hic cap. 13. 125. And these Estreats shall expresse the cause of the losse or forfeiture the tearme yeare nature of the Writ or Action and betwixt what parties the Issues fines and amerciaments be lost and the Sherife in his warrants to his Bailifes must also expresse the cause of the forfeiture No estreat of Issues against any Iuror shall be deliuered receiued or put in vre without such addition as is put in the originall Pannell and no Sherife c. shall collect any issues so estreated but of the right party chargeable by the Estreat And note that all the Kings courts Iustices Commissioners and others shall deliuer into the Exchequer at Michaelmasse yearely their estreats of fines and amerciaments assessed or taxed before them and of all issues c. and from thence they shall make Processe against the parties to answer and satisfie the same Note also that these issues returned vpon the Tenant or Defendant and vpon Iurors and lost by them in respect of Non appearance and estreated as aforesaid shall be leuied by the Sherife as forfeit to the King CHAP. 91. ALl the lands which the Iuror had at the time of the Vinire facias serued vpon him shall be liable to his issues c. If the land which the Iuror had be recouered from him or that hee had the same land but for another mans life who is dead then the Sherife must returne this speciall matter Et sic nihil habet otherwise the Sherife cannot returne Nihil where Issues were returned by him before nor vpon the Distringas Iuratores Hic cap. 78. Plus hic cap. 11. that the Issues may be leuied vpon the heire successor purchasor wife Fermour c. CHAP. 92. The chusing and returning of Knights c. for the Parliament AFter the Sherife hath receiued the Writ for Summons of the Parliament and
Iustice 5 Also the Sherife or his Vndersherife is to attend the Iustices of Peace at their generall Sessions of the Peace and the Iustices there may fine him for their absence If the Custos Rotulorum or two Iustices of the Peace the one being of the Quorum shall make their precept to the Sherife to summon the Sessions at a certaine day and place c. the Sherife ought to performe this notwithstanding any Command from any other Iustices of Peace yet two other such Iustices may by their precept command the Sherife to summon another Sessions vpon the same day and at another place 6 The Sherife is to leuy the Iustices wages vpon the Iustices Estreats c. and is to pay the same to the Iustices See hic cap. 125. CHAP. 100. 101. He is to execute the Precepts of other Commissioners SHerifes are to execute all such Precepts and other commandements as shall come to them from any sixe or more Commissioners of Sewers Sewers as wel for returning Iuries before them as also for the execution of all other things contained within their Commission They are also to execute the Precepts of Commissioners of Bankrupts Bankrupts for the returning of Iuries before them for the preising c. of the lands and goods of the Bankrupts as also for the breaking open of their houses and seising of their bodies or goods therein hic cap. 94. They are to returne a Iury before Commissioners assigned to take an account Accompt c. vpon a Precept from the said Commissioners They are to execute the precepts of Commissioners for the Subsedy Subsidy for the distreining or arresting of persons indebted or otherwise for the execution of that Commission They are to returne Iuries for Enquirie before Escheators Escheators and to execute all other their lawfull Commandements They are to returne Iuries for Enquiry before Coroners Coroners vpon their Precept and must further execute all other Precepts and commandements lawfull of Coroners in all things pertaining to their Offices And it seemeth that all these former Commissioners and Officers may assesse a fine vpon the Sherife for not recurning of Iuries before them Also Sherifes must haue Counter-Rolls with the Coroners of all things belonging to the Office of the Coronâ—rs scz of Appeales Enquests Attachments Abiurations Vtlawries and other things Plus inde hic cap. 14. Clerke market Sherifes are to returne before the Clerke of the Market vpon his warrant Iuries to enquire of things belonging to the office of the Clerke of the market Sherifes being required are to ayde the Ordinary and Commissary for suppressing of Heresies called Lollardies Now concerning these Lollards the Statutes made against them are not only repealed but the persons so called were indeed true Christians But without the Kings speciall Writ the Sherife now may not cause any man to be burned for Heresie notwithstanding any warrant from the Bishop to him directed for such purpose CHAP. 102. Proclamation to be made by the Sherife EVery Sherife ought in person 4. times in euery yeare within euery his Hundreds to proclaime the statute of Winchester Winchester made against murthers robberies and felonies They also are to cause the same Statute to be proclaimed by their baylifes in all Fayres and market townes Sherifes hauing receiued the Kings Writ c. ought to proclaime foure times in the yeare all statutes made of Purueyors Purueyors They shall proclaime foure times in the yeare in euery market the statute made against vnlawfull games and for the maintenance of Archery But none of these three former statutes for the Proclamations are in vse now as it seemeth The rates of wages Wages of seruants and labourers c. sent to the Sherife from the Lord Chancellor or Iustices of Peace of the County the Sherife shall cause the same to be proclaimed in euery market towne and to be fixed vpon some post within the same towne c. Hawkes Hawkes lost and brought to the sherife he must proclaime the same in all good townes within his County The Summons Summons in real actions being made vpon the land shall be after proclaimed by the Sherife vpon a Sunday presently after Diuine seruice and sermon and at the most vsual Church doore of the Parish where the land lyeth fourteene dayes at the least before the day of the returne thereof and that proclamation so made shall be by him returned together with the names of the Summoners Vtlatic Vpon euery Exigent where a Writ of Proclamation is awarded c. before the Vtlary shall be pronounced or returned the Sherife to whom any such Writ of Proclamation shall be directed as to make three Proclamations at three seuerall dayes the one in the open County Court another at the generall quarter Sessions the third at the Church doore of the Parish where the defendant dwelleth and vpon a Sunday immediately after Diuine Seruice and Sermon and this third Proclamation is to bee made one moneth at the least before the Quinto Exactus And these Proclamations are to be made to this effect scz That the defendant yeeld his body to the Sherife so that the Sherife may haue the body at the day of the returne of the Exigent to answer to the Plaintife c. Vpon a Writ de Excom ' Capiendo Excom capieÌ„d if Non inuentus be returned then a Capias shall bee directed to the Sherife who thereupon is to make Proclamation in his County Court or at the the Assises or Sessions of the Peace tenne dayes at the least before the returne that the party within sixe dayes yeeld his body to the Gaole c. And such Processe and Proclamation shall bee made vntill the party yeeld himselfe Vpon Indictments Indictments or Appeales of persons dwelling in forreine Counties c. vpon the second Capias directed to the Sherife if he cannot finde the party then he shall make Proclamation in two County Courts that the perty appeare before the Iustices according to the said second Capias In cases of Riots Riots which cannot be found vpon the Enquiry of the Iustices of Peace they and the Sherif are to certifie into the Kings Bench c. and if the offenders doe not appeare there then vpon the second Capias if the offenders be not found the Sherife at his next County Court is to make Proclamation that the offenders appeare within 3. weekes c. Parlâ—ament The Sherife vpon the Kings Writ is to make Proclamation of the day and place of the Parliament c. hic cap. 92. Hee is also to make Proclamation That all that will be present to assesse the fees and wages of the Knights c. ibid. In a Writ of Admeasurement of Dower or Pasture the Sherife vpon the Grand distresse Grand distres must make Proclamation at two County Courts that the defendant appeare at the day c. to answer the Plaintife c.
And so vpon the Grand distresse in a Writ of Ward but here Proclamation must bee made at three Countie Courts In a Writ of Mesne the Sherife vpon the Grand distresse must make Proclamation at two County Courts that the Mesne appeare at the day contained in the Writ to acquite the tenant c. And the Sherife is to make returne of these Proclamations and how often the same haue beene made CHAP. 106. The Sherifes Courts First concerning the Sherifes Turne THis Court and power was committed to the Sherife for the gouernment of the Countie Tourne scz to enquire therein of all criminall and personall offences and to reforme al common Nusances c. done within the Countie Place This Court is to be holden by the Sherife in euerie Hundred within his Countie and that onely in the place accustomed Time It is to be holden twice a yere scz one moneth next after Easter within one moneth next after Michaelmas All persons of the age of xij yeares or aboue Suitors dwelling within the Hundred ought to come to this Court and there must be sworne to the Kings allegeance Except notwithstanding Barons Clergie-men and women Also except Tenants in Antient Demesne And except such as doe owe suit to the Leet of any other Lord. And yet where such Leets be neglected or seised into the Kings hands c. there the Resiants may be compelled to come to the Sherifes Turne After appearance of the Suitors Iury. first twelue or more sufficient freeholders dwelling within the Hundred shall be impanelled and sworne to enquire of and to present all things there inquirable And then as a second Iurie the High-Constables and pettie-Constables within that Hundred shall vpon Oath present the defaults committed within their seueral limits which presentment they shall make or deliuer to the first Iurie or to the Steward and then he deliuereth that to the Iurie The first Iurie must deliuer vp their verdict to the Steward But if there be any presentment of any Felonie that must be deliuered vp by it selfe to the Steward priuily These Indictments or Presentments shal be made by Indenture between the Sherife and the said Iurors wherof one part shall remaine with the Iurors vnder the hand and seale of the Sherife or Steward and the other part to remaine with the Steward and by him to be sent to the next Sessions of the Peace c. And yet such Presentments are good though they be neither indented nor sealed Those first Iurors ought to bee men of good name and to haue within the same Countie twentie shillings Free-hold per annum or twentie six shillings eight pence Copyhold per annum at the least Stat. CHAP. 107. THe stile of this Court must bee thus Vis Francipleg ' Domini Regis tent ' apud L. coram Vic ' in Torno suo c. And in this Court the Sherife is to enquire and to take presentment of these things following viz. of all Treasons at the Common Law Felonies by the Common Law except the death of a man Escapes of Felons or of other prisoners Persons abiured or Outlawes returning without Licence Treasure-Trone Waifes Estrayes and Wreckes of the Sea found and retained Franchises newly claimed or not vsed or abused Purprestures and Incrochments made vpon the Kings lands Franchises or vpon Highwayes c. And these may bee seised into the Kings hands in some cases and if it bee in land or buildings after the Purprestures found by Enquest and the value assessed it may be set at a yearely Rent to be answered to the King or it may be pulled downe See hic cap. 7. Common Nusances made in High-wayes and Riuers c. Common Trespasses as Affrayes Bloudsheds Pound-breaches c. Euill Members as Night-walkers Messengers for Theeues c. False Measures weights or double Measures c. Inne-holders and Hostlers selling Mans meat or Horse meat at vnreasonable prices And of all other things inquirable in a Court Leet if they be not formerly inquired of and redressed in the Leet This Court is a Court of Record In this Court the Sherife is Iudge And this Court is incident to the Office of the Sherife And the Sherife is to haue the profits thereof scz the amerciaments and fines CHAP. 108. ANd yet vpon Indictments or presentments taken in this Court the Sherife c. cannot make out any Processe against the Offendors nor attach arrest or imprison any Offendor nor assesse leuie or take any amerciament or fine of them without Proces or Estreats from the Iustices of peace sub poena C. li. But all such Indictments or Presentments the Sherife must first deliuer or send to the Iustices of peace at their next Sessions sub poena xl li. and the said Iustices are to award Processe against the Offendors and to arraigne trie and deliuer them and to fine them for Trespasses c. and then to estreat the fines and amerciaments to the vse and profit of the Sherife before whom the Indictment was taken which Estreat shall be deliuered by Indenture to the Sherife or his Officer to gather the same by CHAP. 109. The authoritie of the Sherife or of his Steward in the Turn at this day 1 They may take the examination of Felons Imprison and may commit them to the Gaole They may take presentments of Treasons and Felonies 2 Affrayors in their presence they may commit to ward They may bind such Offendors to the Peace by Recognisance 3 They may impose a reasonable Fine Fine vpon such as in their Court shall commit any other disturbance or contempt to this Court If a Suitor to this Court being present will not be sworne they may fine him and in prison him till the fine be payd Or they may amerce him and distreyne him for the amerciament If a Suitor maketh default of appearance he shall be amerced If a Sutor being sworne shal refuse to make presentment or shall depart without giuing vp their verdict the Sherife c. may set a reasonable fine vpon him If an Officer to this Court shall refuse or neglect to execute his Office they may fine him In this Court they may cause the High-Constables and petrie-Constables to be chosen and to be sworne and being chosen and present if they refuse to be sworne they may fine them Vpon a Bloudshed presented there the Sherife may see an amerciament or fine and the offender shall make his fine there Quaere Also vpon a Nusance presented the Offendors shall bee there amerced Quaere If a Purpresture be there presented the Sherife may reform or pull it down But for a Purpresture or for any Trespasse there presented the Iustices of Peace at their Sessions are to assesse the fines vpon the Offendors Vpon presentment of the Assise of Bread Beere or Ale broken by any Baker or Brewer they may punish the Offendor by the Pillorie Pillorie where the offence requireth it This is by a late
demeanings in making of Pannels other vntrue returnes or for taking of bribes or vndue fees c. 3. H. 7. cap. 1. Also Sherifes in diuers of these and other cases shall not onely be fined or amerced but also shall be liable to the action of the parties grieued for things misdone or not done by them or by their Officers for which in part I referre you to my booke at large Solo Deo gloria Minimis Deus Magnus FINIS A Table of the Contents of euery Chapter Sherifes THeir Name Antiquity and Charge Cap. 1 What they must first doe scz 1 Enter Recognisances Cap. 2. 2 Procure their Patents Cap. 2. 3 Take their oathes Cap. 2. 4 Take from the old Sherife all prisoners and Writs by Indenture Cap. 2. 5 In full County must reade his Patents and name his Deputies Cap. 2. Must not be aboue one yeare Cap. 3. Nor be againe within three yeares Cap. 3. Must bee resident in their Countie Cap. 3. Must not let their Office Cap. 3. Their power out of their County Cap. 3. Their authority absolute Cap. 4 Their authority Ministeriall Cap. 5 Their Ministeriall Office 1 To keepe the Kings Rights scz His Lands Cap. 6 His Franchises Cap. 7 His Suits Cap. 8 His Rents Cap. 9 2 To gather for the King His debts Cap. 10 His issues Cap. 11 His amerciaments Cap. 12 His Fynes Cap. 13 3 To seise for the King the lands and goods of Felons Cap. 14 Goods wayued of Outlawes c. Cap. 15 Treasure Troue c. Cap. 16 The profits of the lands of Wards Cap. 17 Escheats Cap. 18 Ideots Cap. 19 4 To execute all Proces Cap. 20 By himselfe or his Officers Cap. 21 Where he is to take notice of the Law Cap. 21 What persons may not be arrested Cap. 21.29 The Officers duty therein Cap. 22 Warrants vpon meane Proces Cap. 23 How he shall make execution vpon a Statute Merchant Cap. 24 Execution vpon a Statute Staple Cap. 25 What lands be extendable Cap. 26 Execution vpon a Recogn Cap. 27 Vpon an Elegit Cap. 28 Vpon a Capias ad Satisfac ' Cap. 29 Vpon a Leuari fac ' ib. Vpon a Fieri fac ' Cap. 30 How he is to execute Proces scz Summons Cap. 31 Attachment Cap. 32 Capias ad respond ' Cap. 33 Venire facias Cap. 34 Distringas Cap. 35 5 To returne all Writs and the formes thereof Cap. 36 Punished for his returne Cap. 37 Making no returne Cap. 38 Returnes Mandaui balliuo c. Cap. 39.53 Where the Sherife may enter the Franchise Cap. 40 Returne of Writs More concerning the forme Cap. 41.45 Auerment against it Cap. 42 Where of the force of an Inditement Cap. 43 Concludes not the new Sherife Cap. 44 Where the Sherife is a party ibid. Returne of particular Writs c. Summons of the Assises Cap. 46 Summons of the Sessions Cap. 47 Accedas ad Curiam Cap. 48 Admeasurement Cap. 49 Annuity Cap. 50 Assise de nouel diss ibid. Atteynt Cap. 51 Attachment Cap. 52 Capias ad respond ' Cap. 53 Capias ad satisfac ' Cap. 54 Capias vtlagatum ibid. Capias ad valentiam Cap. 55 Couenant ibid. Certiorare Cap. 81 Corpus cum causa Cap. 63 Debt Cap. 56 Detinue ibid. Distring ' Le defend ' 56 Iurat ' Cap. 78 Dower Cap. 56 Droit ibid. Aetate probanda Cap. 57 Eiectione firmae ibid. Elegendi milit ' Parliamenti Cap. 66 Elegit Cap. 58 Estreapement ibid. Extent sur Recogn ' c. ibid. Exigent Cap. 59 Falso Iudicio Cap. 60 Fieri Facias Cap. 61 Formedon ibid. Garrantie de Charters Cap. 62 Gard. ibid. Grand Cape ibid. Grand Distresse Cap. 35 Habeas Corpus Cap. 63 Habere fac ' seisinam Cap. 56. 63 Habere fac ' visum Cap. 56. 63 Homine Repleg ' Cap. 63 Inquisitions and their forme Cap. 58. 64 Inquirend ' de Dampnis Cap. 56.77 Leuari facias Cap. 65 Libertate ibid. Lattitat ibid. Mesne Cap. 66 Milit ' Parliam Elig ' Cap. 66 Partitione Cap. 68 Praemunire Cap. 69 Praecipe quod reddat Cap. 70 Proprietate probanda Cap. 70 Proclam ' de Summons ibid. Pone ibid. Quare Impedit Cap. 71 Recordare fac ' Loquel ' Cap. 72 Redisseisin Cap. 93 Repleuin Cap. 73 Sur Retorno habend ' ibid. Scire facias Cap. 75 Secunda superoneratione Cap. 76 Trespasse Cap. 77 Venditione exponas Cap. 82. 61 Venire facias Cap. 78 Habeas corpus Iurat ' Cap. 78 Distring ' Iurator ' ibid. Waste Cap. 79 Withernam Cap. 80 Returnes al Chancery Cap. 81 Al Eschequer Cap. 82 Before Iustices of Peace Cap. 84 Returne of Iuries Cap. 85 Iurors their number Cap. 86 Their sufficiencie Cap. 87 Returne of issues Vpon the tenant or defendant Cap. 89 Vpon Iurors Cap. 90 What lands lyable thereto Cap. 91 Knights for the Parliament their chusing and returne Cap. 92 Where the Sherife c. may breake open an house c. Cap. 94 Where the Sherife c. may take Posse Comitatus Cap. 95 Baylement of Prisoners by the Sherife Cap. 96 Forme of such their bond Cap. 97 Their attendance vpon the Iudges of Assise Cap. 98 They must assist Iustices of Peace Cap. 99 They are to execute the precepts of others Cap. 100 Proclam ' to bee made by them Cap. 102 Their Courts scz Their Tourne Cap. 106 Things inquired there Cap. 107 Their Indictments must be deliuered to the Iustices Cap. 1â— Their authority in their Turne at tâ— day Cap. 1â— The County Court Cap. 11â— Appeales sued there Cap. 11â— Their Proces and proceedings therâ— Cap. 11 Writs of Iusticies and their proceeding thereupon Cap. 11â— The Sherifes authority in making Repleuies Cap. 114 The authority of the County Court c Cap. 115 Knights of the Parliament Coroners and Verderers to be chosen there Cap. 116 Iudgement vpon Vtlawries to bee pronounced there ibid. Proclamations to be made there ibid. The Sherifes Officers Cap. 117. c. Baylifes of Hundreds Cap. 120 Baylifes of Franchises Cap. 121 Gaolers Cap. 123 Sherifes their fees Cap. 124 Their Accompt Cap. 125 Their dangers Cap. 129 FINIS