deliuered in execution by force of an Elegit The Lands of a Bishop or Lands which a man hath but during the Couerture may be deliuered in Execution vpon an Elegit Vpon an Elegit if the Sherife shall extend a Lease for yeares the Iury which he shall cause to enquire thereof must finde the beginning of the Lease and also the certenty of the terme to come And this certentie of the Terme ought to appeare vpon the Sherifes retorne of the Inquisition But vpon a Fieri facias the Sherife may extend and sell away the Lease or Terme without reciting any certenty scz the Sherife may in his sale therof recite that the Debtor hath a Terme of such a Close pro termino diuersorum annorum adtunc ventur ' and that he selleth the same to I. S by force of the Furi fac c. But if the Sherife will take vpon him to recite the Terme and recites it falsely and so selleth the same Terme such his sale is void except withall the Sherife selleth also all the Interest which the debtor hath in the same land Also the Sherife ought not or at least needeth not to mention any certenty of the Terme in his Retorne of the Fieri facias but generally quod fieri fecit de bonis catallis c. And the Sherife hath election either to sell quite away a lease for yeares remaining in the debtors hands or else he may onely extend and deliuer the same terme or lease to the Conusee at a certaine yearely value which last seemeth to be the most indifferent course for that there still remaineth a property in the Conusor so as vpon payment of the debt he may haue his terme or lease againe Note that no stay or delay of any execution shal be vpon any writ of Error or Supersedeas except there be security first giuen to the Plaintife in the Court where the Iudgement shall be giuen to prosecute the Writ of Errour with effect to satisfie the debt dammages and costs c. 3. Iacob Cap. 8. Plus hic Cap. 58. CHAP. 29. Execution vpon a Capias ad satisfaciendum VPon this Writ the Sherife must arrest and take the bodie of the partie and put him into prison and there must keepe him without Bayle or mainprise vntill satisfaction or agreement be made to the Plaintife of the whole debt and dammages recouered against him So that if the prisoner doe escape the Sherife must pay the whole debt and dammages except the prisoner be presently taken againe vpon fresh suit Also if the Sherife shall suffer such a prisoner to goe out of prison vpon Bayle or with a Keeper except it bee by the Kings Writ the Sherife shal be answerable for the debt And therefore the Sherife must bee sure to keepe such prisoners safely and may put them in fetters and gyues But if such a prisoner doe escape of his owne wrong scz against the will or without the consent of the sherife or officer then the Officer may take him againe by vertue of the same Writ before the Retourne thereof when and wheresoeuer he can find the prisoner although it bee in another Countie Yea it seemeth the Sherife at any time may take such prisoner making an escape of his owne wrong againe and may keepe his bodie in custodie vntil he hath made his agreement with the Sherife c. Or where such a prisoner doth escape of his owne wrong if hee bee taken againe by the Gaoler c. the prisoner shall remaine in execution for the partie againe if the partie will And yet where a Knight or Bourgesse of the Parliament or other person so priuiledged shall be taken in execution the Sherife ought presently to deliuer such prisoner being sent for by the House c. and the partie may after the Parliament haue a new execution against the Debtor What persons may not bee arrested and taken vpon a Writ of Execution See hic ca. 21. hic infra Such persons as are necessarily attendant in any of the Kings Courts although they being arrested vpon any originall Processe shall be discharged thereof vpon shewing their Writ of Priuiledge yet if they shall bee taken vpon any execution the Sherife ought not to deliuer them vpon their writ of Priuiledge for then the partie should be without remedie Where a man is in the Sherifes custodie vpon an execution the Sherife may not deliuer him nor suffer him to goe at large though with a Keeper vpon any commandement of any of the Kings Courts or Iustices as it seemeth without it be by the Kings writ Plus hic Cap. 21. Yet if one in execution bee suffered to goe at large for a time by the commandement of the Court and by the consent and agreement of the Plaintife and after the prisoner returneth againe this is not any escape But where the Sherife hath one in execution for debt if an Habeas Corpus or Corpus cum causa cometh to the Sherife to haue the bodie at Westminster c. vpon a certaine day heere the Sherife may not onely carrie his prisoner to London through another Countie but the Sherife in these cases may go and take what way or place he shall thinke to be most sure and safe for himselfe and to carrie his prisoner And vpon a Corpus cum causa or a Certiorari c. procured by any person being in execution the Sherife must returne the truth or cause of the prisoners in prisonment that so the prisoner may be remanded c. If the Sherife shall arrest one vpon a Capias ad satisfaciendum and shall not returne the Writ nor satâ—sfie the Plaintife this is an escape and the Sherife is chargeable for the debt neither may the Sherife arrest the party againe for the same cause Vide hic cap. 54. If the Sherife hath arrested one vpon a Capias ad satisfac ' c. and after the prisoner is rescued from him this is an escape and the Sherife is chargeable for the debt Execution vpon a Leuarifacias Vpon a Leuari facias the Sherife cannot seise the lands and deliuer them to the party but he is onely to take the corne grasse and other profits growing vpon the lands and the goods and chattells of the debtor and may deliuer them to the party and the Sherife may take the Rents payable by the tenants in execution of the debt and bring them into the Court. Note that the Sherife in debt may deliuer any land whatsoeuer that the party had the day of the Iudgment giuen or at any time afâ—er into whose hands soeuer they shall come But as to Chattells the execution shall be of such onely as the party defendant had the day of the Execution sued scz the day of the Teste of the writ of execution So that if the defendant shall sell his goods bona fide after iudgement and before the writ of execution sued those goods are not to be taken by the Sherife
nor liable to the execution But if the defendant hath sold his goods by Couin after the Recouerie or writ of Execution sued there the Sherife may take those goods in execution See hic cap. 61 CHAP. 30. Execution vpon a fieri facias VPon a fieri facias the Sherife is onely to take in execution the goods chattels of the defendant scz his leases for yeares of houses or lands and his corne growing or sowne vpon the land or his moueable goods as corne in the barne cattell houshold-stuffe money plate apparrell c. And here the Sherife may either keepe the goods himselfe making his retorne accordingly or the Sherife may deliuer the goods or money for the same being sold to the plaintife in execution or rather the Sherif may sel the goods and bring the mony into the Court and so the Court to deliuer it to the Plaintife And vpon the fieri facias the Sherife needs not to preise the goods by a Iury but the Sherife himselfe may sell the goods as well as he can and yet to preise them by a Iury and then sell them is more indifferent and safe Vpon a Fieri facias the Sherife may sell a Lease or Terme for yeares without enquiry of the value by a Iurie Note that the Sherife is commanded and compelled by this writ of fieri facias to sell the goods of the defendant And the property of the goods seised by the Sherife vpon this writ are not altered by the seisure but by the Sherifes sale thereof For the words of the Fieri facias be Praecipimus tibi quod de terris catallis praed ' I.S. fieri fac ' C.s. Et illos habeas c. ad respond c. And here though the iudgement be afterwards reuersed in a writ of Error yet the defendant shall haue no restitution of his goods but onely shall haue the value thereof as they were sold and the buyers thereof shall quietly enioy them because the Sherife had lawfull authority to sell them Vpon a fieri facias come to the Sherifes hands against A. If A. shall happen to die before the writ be executed here the Sherife may execute the writ vpon the Executors or Administrators of A. Or the goods of A comming to the hands of any stranger the Sherife may leuy or make Execution of these goods in the hands of the stranger But the Sherife or other Officer must be carefull that they take none but the defendants or debtors owne goods in execution for though they shall finde them in the possession of the defendant yet if vpon triall they shall be found to be none of the defendants goods then the Officer which shall take any such goods in execution is punishable and chargeable to the right owner of the goods If therefore it shall bee doubtfull to the Officer whether the goods bee the defendants or no let the Sherife take heed that he retorneth not that he hath taken so much goods of the defendants and that he hath Denarios illos paratos ad reddend c. for so he may be charged double for them scz both to the Plaintife and to the defendant for the same goods But let the Sherife either keepe the goods himselfe vntill the parties bee agreed Or else let the Sherife take securitie of the Plaintife to saue him harmlesse c. And to stay the retorne of his writ vntill he be well aduised what to doe therein Or rather where the property of the goods is doubtfull it is safest for the Sherife either not to meddle at all with such goods as shal not plainly appeare to him to be the proper goods of the defendāt or else to enquire by a Iury in whom the property of the goods be for the Sherife or Officer at his perill must take knowledge in whom the property is but being found by the Iury it excuseth the Sherife Also if the Officer shall attach goods which are not the proper goods of the defendant or shall arrest one man for another of the same name in both these cases the Officer is a Trespasser Goods gaged or pawned for debt can not be taken by the Sherife in execution nor goods demised or letten for yeares nor goods distreined Vpon a fieri facias if the Sherife shall leuy the money and shall keepe the same in his hands still the partie Plaintife may haue his action of account against the Sherife And if the Sherife shall returne fieri feci sed non inueni Emptores then a venditioni exponas shall goe out mes la party nauera vnques vn nouel Execution Note that vpon a fieri facias to leuy xx.l. if the Sherife retorneth fieri feci x.l. quàs habeo ad diem c. at which day he hath not the money and then a new Sherife is chosen here the Plaintife shall recouer that x. l. against the old Sherife c. CHAP. 31. Summons ALl Writs or Processe concerning the Common Law shall be awarded vnder the great Seale of England and shall bee made out in the Kings name onely Summons is a writ directed to the Sherife commanding him to bring in the party by a day or to cite or warne the defendant or tenant to appeare at a certen day to answer to the plaintife or demandant This Summons ought to bee made by or in the presence of two Summoners at the least being neighbours liberi legales In Reall actions the Sherifes order to execute this processe of Summoneas is to goe himselfe or to send his baylife to the land with the Summoners and there to cite or warne the tenant or party by sticking vp of a white sticke in his land which being done the Sherife must retorne two common Pledges for the Plaintife and then the names of the Summoners thus Responsio A. B. vic' Com' infrascr ' Pleg ' de prosequendo Iohannes Doo Richardus Roo See hic cap. 45. Summonit ' infranom ' I. S. the defendant Rich. Den. Hen. Fen ' This Summons or warning of the defendant to appeare and answer c. is so necessary by the Common Law as that without the same all the proceedings yea and the Iudgement after are oftentimes made frustrate and besides the Sherife subiect to punishment In Reall actions the Sherife or his Officer must summon the tenant or defendant vpon the land demanded be he tenant thereof or no and this summons to the tenant must be first to keepe his day of the retorne naming that in certen to answer to the demandment c. Secondly to shew the name of the demandant And lastly to name the land in demand And in writs of Summons the Sherife may not alledge or retorne Non tenancie in him whom the writ supposeth to be tenant In a Petite Cape the Sherife must summon the tenant to answer to his default onely But in a grand Cape the tenant shall be summoned to answer to his default and further to the demandment And
the Sherife may come vpon the land with the Summoners and there summon the party yea if the Sherife by information of the demandant shall summon the Tenant in another mans lands the Sherife shall bee excused for such his Entree c. But the Summons in a Precipe ought alwayes to bee done in the day time scz betweene Sunne-rising and Sunne-setting and not in the night Where the action is to recoâ—er the free-hold of land it selfe the Summons must be made in the same land Where the action is brought against one as heire there the Summons must be in land that did discend Vpon a Precipe if the defendant be not tenant of the land in demand yet the Sherife is to summon him vpon the land in demand eo quod petens testatur quod tenens est So he in reuersion shall be summoned in terra petita although it be another mans freehold But the party can not be summoned by a rent seruice rent charge common nor the like for that the soile is another mans freehold nor by his goods And yet in Assises of of Nouel disseisin and Nusance where the originall proces is an attachment Pone ê‘ vadiâ—s saluos pleg ' there the defendant may be summoned scz attached by his goods Also where a man hath no land wherupon he may be summoned there the Sherife may summon him by his person as in actions of annuity couenant or the like In a writ of Right of Aduowson as also in a Quare impedit the Sherife may Summon the defendants in the Church In a Praecipe against 4. if the Sherife summoneth one that is a Summons to all Tamen vide hic cap. 70. that al must be summoned In an action of debt brought for dammages recouered in a Writ of Entrie c the Summons shall be to the person And so in all personall actions the Sherife must Summon the defendant by his person In a Scire facias against a Clerke the Sherife is to summon him onely by his land if he hath any Lay fee or else by his person but not by his goods If the Sherife shall retorne one summoned who was not summoned the Shâ—rife is punishable hic cap. 70. 85. Note that in euery writ the defendant ought alwayes to bee summoned 15. dayes at the least before the day of the retorne of the writ By the booke called the Mirror of Iustices reasonable Summons is when it is testifiable by two lawfull free witnesses neighbours and made to the person or at the house or tenement conteyned in the demand with warning of the day place party Iudge and of the action and with reasonable respite at the least of 15. dayes to make their answer c. Note also that the Sherife cannot summon himselfe nor serue any other proces vpon himselfe hic cap. 44. CHAP. 32. Attachment AFter the Summons if the tenant or defendant commeth not in then there issueth an attachment which is a Proces authorizing the Sherife to goe to his house or land and there to take Surety by pledges or to attach him by his hoods to the end that hee shall appeare and answere to the Plaintife or demandant So that vpon the attachment the Sherife or his Officer may either go to the parties house c. and there take of him Sureties or Pledges for his appearance yet these Pledges are not to be bound in any summe but onely to giue their words for the appearance of the party and if he shall not appeare then these Pledges shall be onely amerced Or the Officer may attach the party by his goods citing him to appeare and answer such a day at such a mans suit in such a Court and for such a cause c. Or if the Officer shall onely giue warning to the tenant or defendant in the presence of two others to appeare such a day in such a Court at such a mans Suite c. it is good enough A Clerke or Ecclesiasticall person may not be attached by his goods but must bee summoned or warned by his person or vpon their lands if they haâ—e any lay fee. The tenant or defendant can not be attached by his land nor by any parcell of his freehold as by a clod c. nor by any chattel reall Neither may a table dormant or any other thing which is fastened to the freehold be attached as a furnace doores windowes waynescots pales or the like and if the Sherife shall attach a man by any such thing he is punishable But an attachment ought to be made by such goods of the defendants owne proper goods as are moueables scz by meere chattells personals which may be forfeited by vtlary The party may not be attached by his horse whereupon he rideth if hee hath other goods whereby he may bee attached Neither may a man be attached by his Apparrell which is vpon his bodie No goods shall be attached but the proper goods of the defendant and not goods that are pawned or borrowed If the goods attached bee quick cattell the Officer may impound them in a Comâ—on pound If they be dead chattels as a pot Panne or the like the Officer may take carry them away to his owne house c. Or the Officer may first attach them and then take Sureties for the redeliuering thereof c. and so leaue them with the owner who was attached thereby But this is not so safe without taking good sureties or taking an obligation of the owner for the Redeliuery thereof if hee shall make default of appearance c. which obligation so taken seemeth to be good If the defendant shall not appeare at the day of the retorne then the goods attached are forfeit to the king and the Sherife shall be answerable for the value thereof If the Officer shall leaue the goods or cattell attached with the owner as aforesaid yet the Officer may take them againe vpon default of appearance A Baylife sworne and knowne may make an attachment without any warrant in writing for to him a command or warrant by word onely is sufficient The seruant of the Plaintife or any other stranger may make the attachment if so he hath the Sherifs warrant A woman Couert shall bee attached by her husbands goods The defendant or tenant must alwayes be attached 15. dayes at the least before the day of the retorne of the writ And for default thereof the Sherife shall be amerced CHAP. 33. Capias ad Respond ' IN reall Actions when the Tenant hath beene attached and appeareth not thereupon or if he appeare and after maketh default then issueth the grand Distresse whereby the Sherife is commanded to distreine the Tenant by all his goods and chattels which he hath within the same Countie also to answer the King the profits of his Lands In Trespasse and other personall Actions if vpon the Attachment or Distringas the Sherife returneth nihil then there goeth out a Capias Alias Pluries Exigent scz if the
of the Franchise c. Et e Conuerso Also in a Praecipe quod reddat of land within a Franchise the Sherife must first take of the Plaintife Pledges de prosequendo and then hee shall make his Mandauit to the Baylife of the Franchise c. who is to execute the rest And yet in an Assise brought of land within a Franchise the Sherife may retorne the whole Pannell and it shall be good Yea in all cases wheresoeuer the retorne or execution of the writ pertaineth to the baylife of a Liberty although the Sherife may more safely enter the Liberty and execute the writ cum warrantum habuerit scz vpon a Non omittas yet if the Sherife doth it himselfe without a Non omittas it is good But the Lord of the liberty may haue his action against the Sherife for the same The Sherife retorneth Mandaui balliuo Libertatis c. qui nullum dedit responsum or retornes that the baylife will not make deliuerance c. vpon a Repleuin Alias or Pluries these are no good retornes for the sherife in such cases ought himselfe to haue entred the Franchise and made deliuerance yet it seemeth safest for the Sherife to haue a writ with a Non omittas c. before hee enter the Franchise in these cases and the like CHAP. 40. Where the Sherife may enter the Franchise without a Non Omittas 1. VVHeresoeuer the king is a party no Franchise shall be allowed and therefore in euery writ for the king or where the king is any wayes a party the Sherife himselfe or his Officer are to enter the Franchise and to execute the proces for none are to serue the Kings Proces but his owne ministers 2. Wheresoeuer the Sherife is a Iudge of the cause he is to enter the Franchise and to execute the writ himselfe Hic cap. 39. 3 Where the Baylife of the Libertie is partie to the suit he shal not make the Pannell or returne the Iurie but the Sherife ought to enter the Libertie and to pannel the array And so where a Capias or Fieri facias commeth to the Sherife against the Baylife the Sherife must enter the Libertie execute the Writ 4 So where beasts are taken within a Libertie and wrongfully withholden and the Baylife of the Liberty will not deliuer them vpon the Sherifs Warrant there vpon complaint the Sherife ought presently to enter the Franchise and to make deliuerance c. 5 So in a Plea of Withernam in the Countie by plaint before the Sherife if the Baylife of the Franchise wil doe nothing vpon the Sherifes Precept the Sherife may enter the Franchise without a Non omittas Et hoc Vicecomiti ex necessitate conceditur Tamen quaere these two last cases for by some opinions the Sherife may not there safely enter without a Non omittas 6. Also vpon an Extent of a Statute Merchant it seemeth the Sherife is to enter the Franchise and to execute the writ himselfe and may not retorne Mandaui balliuo Libertatis c. Baylife of Fee Where there is a Baylife of Fee the Sherife shall send his precept to him as to the baylife of Guildable and shall not retorne Mandaui balliuo c. but the Sherife shall make the retorne of the writ as if himselfe had serued it CHAP. 41. ALl Processe directed to the Sherife ought to bee retorned into such Court out of which such Processe shall be awarded And the Sherife as also the baylifes of Liberties â—ught to set the Names scz both their Christian name Sirname to euery Retorne by them made so that the Court may know of whom they tooke such Retornes and for default thereof they shall be grieuously amerced yea without the Sherifes name the retorne is void Vpon the retorne of euery writ the Sherife besides his setting his name thereto must also subscribe or adde this word vicecomes And these Retornes made by the Sherife together with the Name of the Sherife and of his Office c. are to be indorced on the backe of the writ And yet if it be made or done on the inner side of the writ it is good CHAP. 42. Auerment against the Sherifs Retorne FOrasmuch as the Sherife is an Officer deputed by the Law to the King and his Courts a man shall not be allowed to Auerre directly against the Retorne of the Sherife except it be in some speciall cases and the reason is for that where Iustice is to be administred and executed the King and such as are his Iudges and vnder him are to administer Iustice must necessarily put a trust and confidence in some person and if euery man might auerre against that which the Sherife shall doe then Iustice should neuer bee executed but should euer or oftentimes be delayed c. And yet on the contrary for that Sherifes and their Officers haue oftentimes beene found faulty of their parts in making false Retornes to the Kings writs c. the which may arise in part by corruption and in part through their negligence and remisnesse and also for that such false retornes were and are oftentimes very mischieuous to the Kings subiects therefore the Statutes and Lawes of this Realm haue in some cases allowed men to auerre against the Sherifes Retorne See the Statutes of Westm 2. cap. 39. 1. E. 3. cap. 5. And therefore the Plaintife may auerre that the Sherife might haue retorned greater issues vpon the defendant A man may auerre in diuers cases him to be aliue whom the Sherif hath retorned Mortuus Vpon a Rescous retorned the party may trauerse the Retorne Vtlary retorned in case of Felonie the party may auerre that hee yeelded his body at the 5. County Vpon the ExigeÌ„t the Sherife retorned the party but 4. Exactus the other may auerre that he was vtlawed But where the Sherife retorneth one vtlawed the party cannot auerre that that he was proclaymed but at 3. or 4. Counties Also in cases where the Sherife is a Iudge there the partie may not auerre against the Sherifes retorne as in writs of Redisseisin or to enquire of wast c. But otherwise where a mans inheritance or the effect of his suit shall bee lost or his person charged as also in fauour of life the Sherifes retorne is trauerseable In other cases if the Sherife maketh a false retorne and that the party cannot trauerse it yet he may haue his action against the Sherife c. CHAP. 43. The Sherifes Retorne in some cases shall be of the force of an Indictment ALthough by the Statutes made Anno 9. H. 3. cap. 29. and 25. E. 3. cap. 4. No man shall bee imprisoned nor condemned by suggestion c. without lawfull presentment and therefore the sherifes retorne of an Escape or of an Rescous made to him of one arrested by him for felony albeit that such his retorne be a matter of record yet it is not sufficient to force such as made the Escape or the
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
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
of these Knights and Burgesses hee shall forfeit to the King an hundred pounds and to the partie not duely returned C. l. and haue one yeres imprisonment These Citisens and Burgesses of cities and Burroughs ought to bee chosen of persons dwelling and free in the same Cities and Burroughs and none other in any wise Tamen aliter in vsu Also the Sherife after he hath receiued a Writ for the leuying of the expences of these Knights at their next Countie Court are to make Proclamation That all Coroners chiefe Constables Baylifes and others which will be present at the next Countie Court after to ass sse the fees or wages of the Knights c. At this assessement the Sherife or Vndersherife ought to bee in person with the Coroners and Constables to assesse the wages And the Sherife in the presence of them that come in the full Countie shall assesse euerie Hundred to a certain summe by it selfe so that the whole summe of all the Hundreds do not exceed the summe due c. Also the Sherâ—fe c. shall then also assesse euery village c. to a certaine summe so that the summe of the townes exceed not the summe assessed vpon the Hundred of which they bee sub poena thirtie pounds Euerie Knight of the shire is to haue thirteene shillings foure pence by the day to be paid by the Countie If any Sherife shall leuie more than shall be due or shall not speedily leuy so much as shal be due or shal not deliuer the same to the Knights according to the said Writ he shal forfeit xxx.l. c. The Sherife may distreyne for the moneys so assessed and he may distrein the whole Heard of Cattell of the Towne or the goods of any particuler man of the town for these Monies Also the sherife my sell the distresses so taken Note that the Sherife shall assesse no Village or place hereunto but such as antiently haue beene chargeable Also the freeholders tenaÌ„ts of such Lords c. as come to the Parliament are not to be assessed for their laÌ„ds holdeÌ„ of such Lords except by prescriptioÌ„ Also Burrough townes which send Burgesses to the Parliament shall not pay or contribute to these wages except it be by Prescription Lords and Tenants in Antient Demesne shall be acquited of payments to these expences for such their land c. Also Copiehold lands are not chargeable to these expences CHAP. 93. The Sherifes duty in executing the writ of Redisseisin Redisseisin VPon this writ the Sherife is first to summon the disseisor and the ter-ter-tenant to bee before him at such time when he makes this his Inquisition But the summoning of the ter-tenant seemeth onely to bee for him to giue in euidence The Sherif in this businesse is made a Iudge and therefore he must in person goe vnto the lands or tenements wherof the plaint is made to see them yea though it be within a Liberty He must sit and make his Enquiry in proper person and vpon the land c. Or at least he must cause the Iury to goe see the lands c. And then to hold plea of the matter He must haue the assistance of 2. Coroners at the least to sit with him at the taking of the Inquisition And these Coroners should ioyne with the Sherife in making vp of the Record But the Sherife is only Iudge herein The Sherife at his Inquisition must also haue with him certaine Knights or other lawfull men being neighbors dwelling neere vnto the lands c. And before them and the Coroners the Sherife must make his Inquisition by a Iury. And the Enquiry must be whether the tenant be Redisseised or no and not whether he were Disseised This Enquiry must bee made by two of the first Iurors at the least by so many other neighbours as shall make vp a full Iury. Although all the first Iurors bee lyuing yet the Sherife must take two at the least other new Iurors to bee of this Enquiry Also the first Iurours which must serue vpon this Enquiry must bee of such as did passe vpon the principall action and not such as passed vpon the Enquiry for damages The Sherife may not suffer the partie to haue his challenge to any of the first Iurors But he may haue his challenge to the other Iurors but not to the Array The Sherife herein hath no power to try any Plea out of the point of Redisseisin Nor to suffer or accept of any forreine plea Neither shall he suffer the disseisour to plead any feoffement or release Nor that he hath paid a fine c. If vpon this Enquiry it bee found that the plaintife is redisseised or disseised againe then the Sherife must presently commit such disseisor to prison there to remaine without baile vntill he shall pay a fine to the King And further vntill he shall be discharged of his imprisonment by the judgement of the Kings court and by a speciall writ reciting that hee hath payd his fine to the King c. The Sherife shall receiue no Attorney for either party without the kings writ whether the Lord hath Cognusance in an assise c. yet the sherife shal enter the Franchise and make execution of this Writ but the Sherife shall there write his precept to the baylife of the Franchise to returne the Iury. Vpon the Redisseisin found by the Inquisition the Sherife also must make a record thereof and make returne thereof And in this Record and Returne the Sherife must shew or returne that he hath made his Inquisition c. in the presence of such Coroners c. by so many of the first Iurors and by others c. He must also return Quod accessit ad locuÌ„ or Tent ' a infrascipt ' not accessit ad villam but he may returne Quod apud S. being the towne where the land lyeth fecit Inquisitionem c. And this Inquisition must be returned vnder the Seales of the Sherife and of the Iurors but the seales of the Coroners seemes not to be needfull CHAP. 94. Where the sherife may breake open an house to execute the Kings Writ c. 1. VVHeresoeuer the King is a party or hath any interest in the businesse as for the apprehending of any person for Treason felonie or suspition of felony the Officer may breake open the doores So where one hath dangerously hurt another and then flyeth into an house but here fresh suite must bee made quaere So where an affray is made in an house and the doores shut So vpon a warrant for the peace or good behauiour So vpon a warrant for Iustices of Peace to reseise a house and restore the pâ—rty put out where a forcible Entrie or deteyner was found by Inquisition before the said Iustices So vpon Proces for the apprehending of any Popish Recusant being excommunicated See plus my Country Iustice cap. 78. So vpon a Capias vtlagatum So vpon a Capias pro fine And
Iustice 5 Also the Sherife or his Vndersherife is to attend the Iustices of Peace at their generall Sessions of the Peace and the Iustices there may fine him for their absence If the Custos Rotulorum or two Iustices of the Peace the one being of the Quorum shall make their precept to the Sherife to summon the Sessions at a certaine day and place c. the Sherife ought to performe this notwithstanding any Command from any other Iustices of Peace yet two other such Iustices may by their precept command the Sherife to summon another Sessions vpon the same day and at another place 6 The Sherife is to leuy the Iustices wages vpon the Iustices Estreats c. and is to pay the same to the Iustices See hic cap. 125. CHAP. 100. 101. He is to execute the Precepts of other Commissioners SHerifes are to execute all such Precepts and other commandements as shall come to them from any sixe or more Commissioners of Sewers Sewers as wel for returning Iuries before them as also for the execution of all other things contained within their Commission They are also to execute the Precepts of Commissioners of Bankrupts Bankrupts for the returning of Iuries before them for the preising c. of the lands and goods of the Bankrupts as also for the breaking open of their houses and seising of their bodies or goods therein hic cap. 94. They are to returne a Iury before Commissioners assigned to take an account Accompt c. vpon a Precept from the said Commissioners They are to execute the precepts of Commissioners for the Subsedy Subsidy for the distreining or arresting of persons indebted or otherwise for the execution of that Commission They are to returne Iuries for Enquirie before Escheators Escheators and to execute all other their lawfull Commandements They are to returne Iuries for Enquiry before Coroners Coroners vpon their Precept and must further execute all other Precepts and commandements lawfull of Coroners in all things pertaining to their Offices And it seemeth that all these former Commissioners and Officers may assesse a fine vpon the Sherife for not recurning of Iuries before them Also Sherifes must haue Counter-Rolls with the Coroners of all things belonging to the Office of the Coronâ—rs scz of Appeales Enquests Attachments Abiurations Vtlawries and other things Plus inde hic cap. 14. Clerke market Sherifes are to returne before the Clerke of the Market vpon his warrant Iuries to enquire of things belonging to the office of the Clerke of the market Sherifes being required are to ayde the Ordinary and Commissary for suppressing of Heresies called Lollardies Now concerning these Lollards the Statutes made against them are not only repealed but the persons so called were indeed true Christians But without the Kings speciall Writ the Sherife now may not cause any man to be burned for Heresie notwithstanding any warrant from the Bishop to him directed for such purpose CHAP. 102. Proclamation to be made by the Sherife EVery Sherife ought in person 4. times in euery yeare within euery his Hundreds to proclaime the statute of Winchester Winchester made against murthers robberies and felonies They also are to cause the same Statute to be proclaimed by their baylifes in all Fayres and market townes Sherifes hauing receiued the Kings Writ c. ought to proclaime foure times in the yeare all statutes made of Purueyors Purueyors They shall proclaime foure times in the yeare in euery market the statute made against vnlawfull games and for the maintenance of Archery But none of these three former statutes for the Proclamations are in vse now as it seemeth The rates of wages Wages of seruants and labourers c. sent to the Sherife from the Lord Chancellor or Iustices of Peace of the County the Sherife shall cause the same to be proclaimed in euery market towne and to be fixed vpon some post within the same towne c. Hawkes Hawkes lost and brought to the sherife he must proclaime the same in all good townes within his County The Summons Summons in real actions being made vpon the land shall be after proclaimed by the Sherife vpon a Sunday presently after Diuine seruice and sermon and at the most vsual Church doore of the Parish where the land lyeth fourteene dayes at the least before the day of the returne thereof and that proclamation so made shall be by him returned together with the names of the Summoners Vtlatic Vpon euery Exigent where a Writ of Proclamation is awarded c. before the Vtlary shall be pronounced or returned the Sherife to whom any such Writ of Proclamation shall be directed as to make three Proclamations at three seuerall dayes the one in the open County Court another at the generall quarter Sessions the third at the Church doore of the Parish where the defendant dwelleth and vpon a Sunday immediately after Diuine Seruice and Sermon and this third Proclamation is to bee made one moneth at the least before the Quinto Exactus And these Proclamations are to be made to this effect scz That the defendant yeeld his body to the Sherife so that the Sherife may haue the body at the day of the returne of the Exigent to answer to the Plaintife c. Vpon a Writ de Excom ' Capiendo Excom capieÌ„d if Non inuentus be returned then a Capias shall bee directed to the Sherife who thereupon is to make Proclamation in his County Court or at the the Assises or Sessions of the Peace tenne dayes at the least before the returne that the party within sixe dayes yeeld his body to the Gaole c. And such Processe and Proclamation shall bee made vntill the party yeeld himselfe Vpon Indictments Indictments or Appeales of persons dwelling in forreine Counties c. vpon the second Capias directed to the Sherife if he cannot finde the party then he shall make Proclamation in two County Courts that the perty appeare before the Iustices according to the said second Capias In cases of Riots Riots which cannot be found vpon the Enquiry of the Iustices of Peace they and the Sherif are to certifie into the Kings Bench c. and if the offenders doe not appeare there then vpon the second Capias if the offenders be not found the Sherife at his next County Court is to make Proclamation that the offenders appeare within 3. weekes c. Parlâ—ament The Sherife vpon the Kings Writ is to make Proclamation of the day and place of the Parliament c. hic cap. 92. Hee is also to make Proclamation That all that will be present to assesse the fees and wages of the Knights c. ibid. In a Writ of Admeasurement of Dower or Pasture the Sherife vpon the Grand distresse Grand distres must make Proclamation at two County Courts that the defendant appeare at the day c. to answer the Plaintife c.
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
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
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
defendant be not taken nor yeelds himselfe in the meane time This Processe is to take the bodie of the Defendant And vpon this Capias ad Respondendum the Sherife c. shal first arrest and after imprison the partie or else must take bonds of him with good Sureties for his appearance c. The forme whereof See hic Cap. 97. Where the Sherife hath arrested one by force of his Writ if the Plea shall happen to be discontinued by the Kings death or otherwise the Sherife may there suffer such his prisoner to go at libertie without danger Note that if the Pluries be not serued it is a contempt in the Sherife wherupon an Attachment lieth against him CHAP. 34. Venire facias THis Writ is of two sorts most vsuall The one is to cause the partie scz the Defendant to come in and answer c. And this is but as a Summons and vpon this if the Defendant be returned sufficient and maketh default then a Distringas shall goe out but vpon a Nihil returned a Capias Alias and Pluries goeth out Vt supra The other is to cause the Sherife to impannell and returne a Iurie Vpon the Venire facias Iuratores which also is but as a Summons if the Sherife shall returne the names of the Iurie and they doe not appeare at the day then shall goe out an Habeas corpora Iuratorum and after that a Distringas Iuratores to distreyn them vntill they come c. scz a Distringas infinite There be diuers other sorts of this Writ as you may see in the Register amongst the iudiciall Writs Plus hic Cap. 78. CHAP. 35. Distringas THis Writ is directed to the Sherife commanding him to destrein the partie Defendant or the Iurie for his or their appearance c. Or to distreine one for the Kings debt A Distringas for the appearance of the partie to come and answer shall go out infinite scz vntill the partie commeth in and appeare The partie as also the Iurors by vertue of this writ are to be distreined by their goods and by the issues of their lands to come c. The which they shall lose and forfeit to the King if they come not The wife shall be distreyned by the goods of her husband which shall bee returned by the Sherife in issues For the Sherifes distreyning of the Kings Debtors see hic Cap. 10. There be also diuers other sorts of this Writ of Distringas in the Register amongst the iudiciall Writs Plus hic retorn ' de Distring ' ca. 56. 78. Note that this Distresse infinite seemeth to be at the Common Law in stead whereof the grand Distresse is now giuen in diuers cases by statute by which Writ the Sherife is to distreine the Defendant by all his goods and chattells and also to answer to the King the issues of his lands And the said writ is to be read and openly proclaimed in the Countie Court that the Defendant come in at the day contained in the writ to answer to the plaintife c. And the Sherife is to make returne of the same Proclamations c. Vide hic cap. 102. CHAP. 36. Returne of Writs NOte that in the execution of all Writs and Processe the Sherife must obserue two things First he must in euerie behalfe do al that which he shall be commanded by the writ it selfe may proceed no further nor otherwise than the writ authoriseth him Secondly the Sherife is to returne the same writ into the Court whence the writ came These Returnes are nothing else but the Sherifes answers certifying the Court touching that which they are commanded to doe by the Kings writ and are to ascertaine the Court of the truth of the matter And these Returnes seeme to be the most difficult things belonging to their office for the Sherife must bee verie carefull and circumspect that he makes these Returnes according to Law both for substance and forme otherwise hee shall not onely indanger himselfe to be amerced or sued for the same but also he shall indammage the parties may hazard the cause or suit it selfe For the manner and forme therefore of Returnes of writs you must obserue these Rules 1 First the Returne must be made according to the antient course Presidents and by the vsuall words And therefore in a Praecipe quod reddat or in debt if the Def. yeelds the land or payeth the money yet these are no good Returnes Hic Cap. 56. 70. 78. Also omission of words vsuall maketh the Returne voyd As Residuum huius breuis for Residuum executionis huius breuis Scire feci A. quod sit coram vobis omitting these words Ad faciendum quod breue requirit 2 The Returne ought to answere the point of the Writ As where a Scire facias is to warne the heire of the lands of M. the Sherife must not returne that hee warned the heire of the said M. but he must returne him heire of some lands according as the writ requireth 3 It ought to bee certaine in the yeare day and place and in the person yea it ought to be certaine to euerie intent And yet these or the like words in the Returne scz Prout or secundum quod or ad faciendum quod istud breue exigit requirit do oftentimes helpe the incertaintie 4 The Returne must be true 5 It must not be repugnant 6 It must not be double 7 It must not bee contrarie to the confession of the partie 8 It must not be contrarie to the verdit of the Iurie 9 It must not bee contrarie to the Writ or Record 10 It must not bee contrarie to a former Returne made by himselfe or by his predecessor except in some speciall cases See hic Cap. 44. 11 It would be in true and good Latine 12 Also the Sherife is not to return any thing which should come in by the challenge of the parties 13 And yet Surplusage in a Returne doth not make voyd a Returne for as to the Surplusage the Court taketh no regard 14. The Sherife ought not to returne Resistance nor a Rescous for that in such cases he should haue taken Posse Comitatus except where the Rescous c. were to the Bailife of a Libertie or where the Returne is That the partie was rescued per ignotos for there it appeareth not that the Sherife can haue any remedy against the offenders quaere Also in a Repleuin he ought not to retorne that the cattell are in a Castle Fort or Park so that he could not make deliuerance Causa qua supra 15. He might haue retorned vpon a Capias that the party had taken Sanctuary but this priuiledge of Sanctuary is now out of vse 16. He may retorne that the party is fled into such a Libertie and there continueth so as hee can not take him Yet in this case if the king be a party the retorne is not good for there the Sherife must enter the liberty and
habent bona seu catalla de bonis suis proprijs in balliua sua vnde c. Vpon a Fieri facias against Executors the Sherife retorneth that they haue sold the goods c. this is no good retorn for the Sherif should haue taken other goods of the Executors to the value thereof So it is no good Retorne that all the Executors saue one haue nothing for the Sherife ought to make Execution of that which is in the hands of that one Executor Vpon a Deuastauit found and iudgment giuen against Executors the Sherife vpon a Scire facias against the Executors may seise the proper goods of the Executors if there be not sufficient of the Testators goods So if the Executors shall pleade Ne vnques Executor and that be found against him and iudgement thereupon giuen c. Plus hic cap. 61. CHAP. 37. Where the Sherife shall be amerced or otherwise punished for his Retorne IT appeareth in the former Chapter that if the Sherifes retornes bee not made according to Law both for substance and forme the Sherife shall bee punished So if the Sherife shall make no retorne of the writ in most cases hee is punishable hic cap. 38. So if hee shall not make a due Retorn of euery writ that shal be deliuered to him So if his Retorne be incertaine or otherwise insufficient So if he shall make any false Retorne If he returnes a Capi corpus or reddit se and hath not the body at the day of the Retorne he shall bee amerced And if it be vpon a Capias ad satisfaciendum and the Sherife retorneth Câ—pi corpus and hath not the body at the day he shall not onely be amerced but also he shall be chargeable to pay the whole debt If vpon a Fieri facias the Sherife returneth Fieri feci c. and hath not the money in Court at the day of the Retorne of the writ he shall bee amerced and yet he might haue paid the money to the Plaintife and so haue made no retorne See hic cap. 30. 38. Vpon a Fieri facias he Sherife returned that he hath leuyed 20. l. but that he durst not bring it c. for feare hee should haue beene robbed thereof and he was amerced for that he had not the money in the Court at the day c. If the Sherife retornes that he could not execute the writ for Resistance hee shall be amerced So if vpon a Repleuy hee retornes that the cattell be in a fort or Castle so as he cannot deliuer them So if he retornes small or no Issues vpon the defendants So if he retornes not issues vpon Iurors according to the Statutes So for not retorning Pledges The high Sherife shall also bee amerced or punished for the default of his Vndersherife in making insufficient retornes c. He shall also be punished for the default of his Baylife or other Officer But for the defaults of Baylifes of Liberties the Sherifes at this day shall not be punished for any insufficient or false retornes of writs made by such baylifes of Liberties but the amerciaments shall be set vpon the Baylifes heads An Exigent which was deliuered to the Sherife of Record was imbeaseled and the coppy thereof was retorned by the Sherife and he was amerced for the retorne of the coppy at 30. l. and for the imbeaseling thereof at 20. l. The Sherife for making a false retorne of an ExigeÌ„t was amerced at 50. markes CHAP. 38. Where the Sherife maketh no Retorne IF a Capias or other meane Proces be executed and not retorned the arrest is tortious and the Officer is punishable So if the writ be misretorned as if the Baylife arresteth a man by vertue of a warrant from the Sherife and after the Sherife retorneth Non est inuentus In case of Redissesin or Vtlary if the Sherife shall not retorne his writ the Sherife shall bee amerced for such his fauxity and concealment For note that vntill the writ bee retorned the suit is not said to be depending nor the Kings courts can not hold plea of the matter and therefore vpon the originall writ retorned Tarde an Alias Pluries shall goe out of that Court where the originall is retorned Teste the Chiefe Iustice for that by the Retorne the Court is possessed of the suit but if no retorne be made the Alias and Pluries shall goe out of the Chancery from whence the first originall came And the third writ not being retorned by the Sherife scz the Pluries it is a contempt whereupon an attachment lyeth against the Sherife Vpon a second deliuerance if the Sherife shall deliuer the cattell to the Plaintife and shal not retorne the writ the defendant shall haue his remedy against the Sherife And yet in some case the Sherifes retorne is not so needfull And therefore in all writs of Execution except an Elegit as vpon a Capias ad satisfaciendum fieri facias habere facias seisinam vel possessionem Liberate c. if the execution be duely done although the writ be neuer retorned it is no great matter if so be that the Plaintife hath his demand scz his money payd him by the Sherife or his seisin or possession of his lands c. deliuered to him by the Sherife Also where no Enquest is to be taken but onely land scz seisin or possession of land to bee deliuered or goods to be sold c. which are but matters in fact these are good although the Writ be not retorned But in case of an Elegit c. where the Extent or preising or valuation is to be made by an Enquest and not by the Sherife alone that ought to bee retorned by the Sherife Vpon a Fieri facias if the Sherife leuyeth the debt but neither retorneth the writ nor payeth the money to the Plaintife the Sherife is subiect to the action as well of the Plaintife as of the defendant besides he shall be amerced and yet the leuying of the debt was lawfull and the sale of the goods by the Sherife by force of the Fieri facias is good though the writ bee not retorned Also there bee some other Writs which need not to be retorned as the writ de Returno Habendo is not retornable Vpon a recouery in a Quare impedit the writs awarded to the Bishop to remooue the Incumbent or to admit the Clerke of the Plaintife are not retornable And so in other cases except the writ requireth it the Sherife needeth not to make retorne thereof Note that if the writ bee retornable the day of the retorne is also appointed in the writ Also all writs of Iusticies or Viscountiel writs are not retornable Hic cap. 113. In some cases also although the Sherife executeth not the writ but excuseth it by his retorne it is good As. In a Repleuin the Sherife retorneth that the defendant claimeth propertie Hic cap. 70. In a Natiuo habendo the Sherife retorneth that the villain
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
Precept 2. To warne for the great inquest such whose names the Sherife nominateth in his said warrant 3. To warne the Iury of life and death such as the Sherife or baylife shall thinke meet within their Hundred 4. To proclaime within euery Hundred the day and place of the Assises and that all persons that haue any thing against any prisoner be there to prosecute c. 5. To giue speciall warning to all Iustices of Peace and Coroners c. within their Hundred to be their present 6. To arrest c. all persons formerly indited c. to appeare there 7. And by his said warrant the Sherife must also command euery bailife to be and attend there themselues Or els to the back of this warrant the Sherife may file a schedule setting downe therein the Names of such as shall be warned for the great Enquest and for the Iury of life and death and such other persons as are to be warned thither The Sherife also must make and deliuer to the Iudge a Kalender of the names of all the Iustices of Peace Coroners Stewards and Baylifes of Liberties Baylifes of Hundreds and of all the prisoners in the Gaole See Hic cap. 98. And he must haue all his prisoners there Also the Sherife himselfe shal do well to chose and name the great Enquest and to keepe a note of the names of such as for that seruice he would haue warned by his baylifes and to chose some out of euery Hundred within his County CHAP. 47. The summons of the sessions of the Peace VPon this writ or Precept the Sherife also must make out his warrants to his baylifes of Hundreds commanding euery of them to appeare at the Sessions And to warne all High and pettie Constables within their particular Hundreds to be there And also to warne 24. Iurors in euery Hundred to appeare there And to proclaime within euery Hundred the day and place of the said Sessions and that all such as will complaine of any Artificers laborers or seruants in husbandry for taking excessiue wages against the Statute be there also to prosecute c. And to warne all Coroners and Stewards and Baylifes of Liberties within his County to bee then and there to doe that which belongeth to the particular Offices or places And to warne 24. Iurors for the great Enquest and body of the County as wel within Liberties as without to be and appeare there Now for the great Enquests aswell for the Assises or generall Gaole deliuery as for the SessioÌ„s of the Peace it is meeâ—e that there be retorned out of euery Hundred three or foure and that the names of such as be of one and the same Hundred be set together and the name of the Hundred to bee written in the margent of the Returne against the names of the Hundredors And if the Sherife shall returne any such Iurours without summoning or warning them by his Baylife the Sherife is fineable Hic cap. 85. CHAP. 48. Accedas ad Curiam VPon this Writ the Sherife taking with him foure other discreet lawfull and sufficient men of that Countie is to repaire to the lords Court or Hundred Court in the writ mentioned 2 He is there in full Court to record the Plee in the presence of those foure men and of the Suiters of the same Court 3 The Record so made must bee annexed as a Schedule to the backe of the Writ 4 He is to returne that Record with the writ before the Iustices vnder his owne Seale and the Seales of foure suitors of that Court which were present at the day limitted in the writ 5 And hee is to warne the parties Plaintife and Defendant that they bee before the Iustices at the day prefixed And if no Court haue beene kept there betweene the day of the receit of this writ and the day of the Returne thereof the Sherife may make his Returne accordingly but the Sherife ought first to require the Lord to keep his said Court and then if the Lord refuseth the Sherife is also to returne the Lords refusall So if the Lord c. in his Court shall refuse to shew the Sherife the plea or his booke wherein the plea is contained yet the Sherif in the Court ought to shew and read or declare the contents of this writ and after to returne the Lords said refusall The Returne Virtute istius breuis mihi directi in forma infrascr ' accessi ad Curiam infrascript ' in plena Curia illa recordari feci loquelam infrascrip ' Que quidem loquela patet in quadam schedula huic breui annex ' recordum illud habeo c. as in a Recordare facias loquela Hic postea A.B. Armig ' Vic ' The stile of the Court. Ad Curia Baron ' Egidij Alington Militis Horsheath ibidem tent ' tali die anno reciting also the stile of the King R.B. quaeritur versus I.S. de placito captionis iniuste detentionis aueriorum suorum Quaerela Note that nothing but the plaint shall be remooued here CHAP. 49. Admeasurement of Dower IF this Writ be Viscountiel and sued in the Countie Court before the Sherife then the Sherife is Iudge and is by vertue of this writ to admeasure all the lands which the Woman hath in Dower within the same Countie So that if there be in her hands any ouerplus it may bee restored to the heyre c. But if this writ bee remooued out of the Countie Court into the Common Banke then the Sherife cannot make the admeasurement but first the Sherife ought to goe to the lands then by a Iurie to diuide the lands c. into thrâ—e parts and to preâ—se the same at a yearely value and then to returne two parts by it selfe and the third part by it selfe and to returne also their yearely value and so to leaue the admeasurement to the Court which returne must be vnder his seale and the seales of the Iurors And in this writ where the admeasurement is to bee by the Iustices or Court when the suit is come to the grand distresses before the writ bee returned dayes are giuen so that there may bee two Countie Courts holden and in either of the said Counties the Sherife is to make Proclamation that the defendants come in and appeare in court at the day contained in the writ to shew cause why admeasurement should not be made and the Sherife is to returne the Proclamations accordingly But quaere notwithstanding the Defendants default of appearance the Sherife is not to make the admeasurement but is to leaue that to the justices or Court vt supra The Sherife may returne the defendant nihil in this writ of admeasurement of Dower If he returne That the wife hath more than shee ought to haue by so much per annum this is no good returne for the Court is to iudge of the value Admeasurement de pasture Also if this writ bee remooued out
of the Countie court into the Common Banke and that the parties appeare there and agree that the admeasurement shall be made then there shal goe out a writ to the Sherife commanding him to make admeasurement and then to make the admeasurement the Sherife must goe in his proper person to the Common or pasture to bee admeasured and there by a Iury of twelue men must admeasure the same and he must returne the same into the Court by Indenture vnder his own seale and the seales of the Iurors Also if this writ be remooued into the Common Banke when the suit is come to the grand distresse before the writ be returned the Sherife is to make Proclamation in two Countie courts that the Defendant come in appeare in Court at the day contained in the writ to answer the plaintife and to shew cause why admeasurement should not be made and the Sherife is to returne that he hath made the Proclamations accordingly and if the Defendant commeth not vpon the Proclamations then admeasurement shall be made vpon his default But here also notwithstanding the default of appearance of the Defendant the Sherife is not to make admeasurement without another writ to that purpose first to him directed But if this writ be Viscountiel and sued in the Countie before the Sherife he must first summon the parties c. who may plead there and if the defendant grant that admeasurement shal be made or pleads or shewes no cause to the contrarie then the Sherife shall giue iudgement and shall presently make admeasurement thereof for the Sherife in such case is Iudge c. In this writ all the Commoners shal be admeasured by the Sherife as well those which did not surcharge the land as they which did and also the Plaintife himselfe but the Lord shal not be admeasured In this writ of Admeasurement of Pasture the Sherife may returne the defendant nihil and it is good For the forme of the returne of Proclamation of Summons see hic cap. 70. Note that no man ought to put more Cattell vpon the Common than serue to manure the land and then hee can maintaine and keepe in winter vpon his Tenement And if the Common be not sufficient so that all the Commoners may haue sufficient to their tenements in such case the tenants shall be admeasured hauing regard to that the common will beare CHAP. 50. Assise de Nouel Disseisin Assise THe Sherife is to returne this writ after this manner Plegij de Prosequendo Ioh. Doo Rich. Roo Infranom ' I.S. the Defendant attachiatus est per Plegios Per Plegios H.F. W.G. Or thus Infranom ' I.S. attachiatus est per vnam vaccam Per Biens or vnum bouem or vnum equum pretij 40. s. Or thus if there be more defendants than one Infranom ' I. S. I. P. attachiati sunt viz. I.S. per vnum bouem preiij 5. s. I.P. per vnum equum pretij xx s And yet it seemeth the Sherife is to returne but fiue shillings and foure pence price Quaere of the vse Residuum executionis istius breuis patet in quodam pannello or in quadam schedula huic breui annex ' A.B. Armig ' Vicecomes Nomina Recognitor ' in Assis Nouae disseis inter M.C. querent ' seu petentem T.C. tenentem A.C. de S. Gener ' Et sic ad numerum 24. Le Panell D.E. de F. Yeoman Et sic ad numerum 24. Summonitor ' Iurator ' siue Recognitor ' praedictor ' eorum cuiuslibet per se I.D. T.F. or more Manucaptores summonitorum praedict ' eorum vtriusque I.W. W.D. And note that the Sherife at the first day shall onely returne Manucaptores summonitorum and not Iurator ' but after he shall returne Manucaptores Iuratorum Note also That if the Defendant be not to be found nor hath whereby to be attached the Sherife may summon and attach his Baylife in an Assise Also the defendants bayli e may be attached by Pledges and the Sherife may make his retorne accordingly By the Statute of Westminster 2. cap. 25 The disseisor shall be attached but by one Oxe of 5 s iiij d price or the value So then where the Tenant is sufficient and attached the Sherife must retorne 24. Iurors or Recognitors He must retorne Summonitores Iuratorum Manucaptores Summonitorum Or he may retorne quod quilibet recognitorum praed per se separatim Attachiat est ê‘ Pleg ' I.D. R.R. And further Exitus eorum cuiuslâ—bet v s. And he must set downe the names of the Recognitors scz the Pannell and all the rest in a schedule and annexe the same to the backe of the writ c. But if the tenant or defendant bee insufficient then the Retorne must be after this manner Plegij de prosequendo Ioh. Doo Rich Roo Infranominat I. S. Nihil habet in balliua mea ê‘ quod Attachiari potest nec est inuentus in eadem Or rather thus Infranom I.S. Nihil habet in balliua mea ê‘ quod Attachiari potest nec habet balliuos nec balliuum nec est inuentus in eadem Also in an Assise the Sherife may retorne Mandaui balliuo Libertatis Qâ—â— nullum dedit responsum c. Annuity In a writ of Annuity Annuity the Sherife retorneth that the defendant Nihil habet in balliua mea per quod potest Summoniri this is a good retorne but per quod potest Attachiari is not good And the Sherife may summon the defendant in his writ by his person if he hath no land where hee may be summoned So that the Sherife is here first to take Pledges of the Plaintife de prosequendo c. And then he is to summon the defendant to appeare at the day before the Iustices c. CHAP. 51. Atteynt IN this writ the Sherifes retorne must be made after this manner Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores infranomin ' I. S. the defendant H. F. W. G. Residuum Executionis istius breuis patet in quodam Pannello or quibusdam schedul ' huic breui annex ' or consut ' A.B. armig ' vic' Le Pannell Nomina viginti quatuor milit ' inter R.S. quer I. S defend ' A. C. D. E. F. G. c. ad numerum 24. And these must be Knights Esquires or Gentlemen hauing twenty marks per annum of freehold at the least Quilib ' Iur ' praed ê‘ se sepa ratim attach est ê‘ Pleg ' C.D. E. F. Summonitor ' Iur ' praed eorum cuiuslibet I. D. R.S. Manucaptor ' Summon ' eorum vtriusque I. P. R. C. F. D. R. G. quaere if these Manucaptors be needfull Nomina Iurat ' primae Inquisit in breue huic Pannello annex specificat Le Pety Iury. A. S. C. D. H. F. c. ad numerum xij Summonitor ' or Pleg ' Iurator ' primae Inquisit eorum cuiuslibet
habet retorn ' Maudaui balliuo c. ad capiendum arrestand ' infranom ' I. S. Qui quidem ballinus nullum mihi adhuc dedit responsum Or Qui mihi respondit quod infranom ' I.S. non est inuentus in balliua sua Or thus Qui mihi respondit quod cepit corpus Infranom ' I.S. cuius quideÌ„ corpus ad diem locum infracon ' parat habet ad faciend ' ea omnia quae istud breue in se exigit requirit Vpon a Capias against a Clerke what retorne the Shriefe may make Clericus See hic cap. 36. Where there bee two or diuers of name See hic cap. 61. how to make the Retorne CHAP. 54. Capias ad satisfaciendum VIrtute istius breuis mihi directi Cepi corpus Cepi corpus infranominati I.S. cuius corpus ad diem locum infracontenta paratum habeo c. A.B. Armig ' vic' But where the Sherife retorneth Cepi corpus vpon a Capias ad satisfac ' he must be sure to haue the body in Court at the day otherwise hee is chargeable for the whole debt If the Sherife hath taken the body in Execution and after a writ of Praerog de habeas corpus out of the Exchequer â—r any other like writ out of any other Court shall come to the Sherife against the same prisoner so that the Sherife is thereupon to bring in the body he must in his Returne shew the cause of the imprisonment or deteyner of the prisoner that so he may beremanded or els committed to some other prison vpon the execution and so shall the Sherife be discharged And if a man be in prison for felony and be atteinted and after a Capias ad satisfac ' c. commeth to the Sherife against the prisoner he may retorne that the party is atteinted and that therefore he cannot take him in Execution Or the Sherife if he will may serue the execution but then he must be sure to keepe the prisoner notwithstanding any pardon of the felonie Vpon a Capias ad Satisfac ' Non est inuentus Non est inuentus is a good retorne Note that vpon the Capias ad Satisfac ' if the execution be duely done by the Sherife Nul Retorn and that the Plaintife hath his demand the Sherife needs not to retorne this writ Plus hic cap. 29. Capias vtlagatum Virtute c. Cepi corpus Cepi corpus I.S. infranom ' cuius corpus coram Iustic ' infrascript ' ad diem locum infracontenta parat ' habeo prout interius mihi precipitur Residuum execut ' istius breuis patet in quadam Inquisitione huic breui annex ' ss Inquisitio Indent ' capta apud c. Qui dicun ' super Sacrament ' suum Quod I. S. in dicto breue nominat c. Also vpon a Capias vtlag Non est inuentus Non est inuentus is a good returne Infranomin ' I. S. Non est inuentus in balliua mea Resid ' execut ' istius breuis patet in quadam Inquis c. For note that vpon a Capias vtlagat ' whether the Sherife retorneth a Caepi coâ—pus or a Non est inuentus he must also enquire by a Iurie of twelue men what lands or goods the party vtlawed had within the Countie the day of the vtlary or at any time after And the Sherife must retorne the Inquisition thereof made vnder his owne seale and the seales of the Iurors But the Sherife may not arrest or take the body of one that is vtlawed in any personall action without the writ of Capias vtlag ' first deliuered to him except where the party is vtlawed for felony or Treason Vpon the Capias vtlagatum if the party be found the Sherife shall take and put him in prison without bayle And vpon the Capias vtlagat ' the high Sherife shall do well to take bond of his Vndersherife or Baylifes with condition to bring the defendant to prison if he be arrested or taken For that diuers Vndersherifes and Baylifes if they haue taken a man vpon a Capias vtlagat ' they first take money of the Plaintife to take the defendant and after the defendant being taken they take money of him to let him goe againe they pretending that it is to reuerse the vtlary which they haue nothing to doe withall but are onely to imprison him Also vpon the Capias vtlagat ' tbe Sherife may seise and keepe his goods c. See thereof Plus hic cap. 15. The Sherife may retorne vtlary vpon an Enfant if he be aboue the age of 14. yeares And being taken the Sherife may imprison him and may seize his goods CHAP. 55. Capias ad valentiam VPon this writ the Sherife is to summon the defendant scz the vouchee to be before the Iustices at the day mentioned in the writ c. And he is to retorne the names of the Summoners with the writ The Sherife also is vpon this writ to seise the lands of the vouchee scz to such a proportion as the writ mentioneth into the Kings hands by the view and valuation of neighbours or other lawfull men of that County and is to retorn the certeinty of those lands and the day of such his seisure together with the names of those veiors and of the Summoners vnder his seale And this seisure must bee of such lands and tenements of the vouchee as he hath in fee simple by purchase discent or otherwise Vpon this writ against diuers the Sherife retorned that one of them had nothing c. And that of the other hee had taken according to the proportion but for that the Sherife cannot apportion without a warrant he was amerced Couenant In breue de Couenant Couenant whether it be to leuy a Fyne or otherwise the Sherife may make his Retorne thus Plegij de presequendo Ioh. Doo Rich. Roo Summonitores infranominati I. S. the Defendant I. R. W. G In a writ of CouenaÌ„t to leuy a Fyne Nihil Nihil seemes to bee no good retorne for the Sherife ought to summon him in terra petita In other writs of Couenant Nihil is a good retorne In writs of Couenant the Sherif may summon the Defendant by his person CHAP. 56. Retorn ' breuis Originalis in Debt Debt Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores Infranominat I.S. the Def. H R. W. G. A. B. Armig ' vic' And if the defendant be insufficient then the retorne must be thus Plegij de prosequendo Ioh. Doo Rich. Roo Infranominatus I. S. nihil habet in balliua mea per quod summoniri potest In this writ Nihil habet is a good retorne without saying Nec habuit post receptionem breuis or Nec habuit die quo c. for that shall be intended But in this writ it is no good retorne that the defendant hath payd the debt Hic cap. 36. Detinue In Detinue
Detinue where it is awarded that the Plaintife shal recouer the thing demanded he shall haue a Distring ' ad deliberand ' c. And the Sherife may thereupon retorne Issues or Nihil as the truth is Vpon the Distring ' ad deliberand ' to enquire of the value the Sherife is to enquire by a Iury and to retorne what damages and costs the Plaintife hath susteined and also what the true value of the goods deteined be Also the Sherife may retorne Mandaui balliuo Libertat ' qui nullum dedit resp But in the writ ad deliberand ' c. in Detinue it is no good retorne that there are no such goods The Sherife s here to take Pledges of the Plaintife de prosequendo And to summon the defendant to appeare at the day c. Distringas against the defendant A Distringas directed to the Sherife to distreine the defendant for his appearance may be retorned after this manner If the defendant be sufficient then thus Manucaptores infranomin ' I. S. I. R. R. G. Exitus 3 s iiij d If there de diuers defendants then thus 40. d. 40. d. T. D. A. R. districti sunt per caerras catalla sua secundam formam huius breuis vnde exitus prout patet super eorum Capit ' Et manucapti sunt per I. D. A. S. quod sint ad diem locum infrascript ' iuxta tenorem huius breuis c. And so note that in this Distring ' the Sherife must alwayes retorne issues vpon the defendants to compell them to appeare which issues must be more then the costs of the Plaintifes writ of Distring ' which seemeth to be xiij d. See hic cap. 89. that they ought to bee reasonable and to a greater value Also the defendant must finde Manucaptors for his appearance In a writ of Accompt vpon the Distring ' the Sherife retorned Manucaptors Et quod non sunt Exitus and it was adiudged a good retorne In Debt vpon the Dâ—string ' the Sherife retorned Mandaui balliuo Libertatis de c. qui nullum dedit responsum and for that he did not retorn further Quod nulla habet Exitus in balliua mea the Sherife was amerced So that vpon this Distring ' the Sherife must retorne reasonable issues vpon the defendant and must retorne Distrinxi Quaere And although the words of the distring ' be Quod dâ—string ' per omnes terras catalla sua c. yet the Sherife ought to distreine him but reasonably and not according to the words of the writ Also a Clerke may not be distreined by his goods but see what retorne the Sherife shall make hic cap. 36. If the defendant be insufficient then thus Infranom ' I.S. Nihil Nihil habet in balliua mea per quod nec vbi potest Distringi Plus hic cap. 82. Also in this writ the Sherife may retorne Tarde Also the Sherife may retorne that the defendant is dead except it be vpon the Distring ' in an Atteynt Retorne de Summons in Dower Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores infranom I.S. I. W. W. C. Et ad maxime vsuale ostium Ecclesiae parochialis de P. infrascript super diem Dominicum scz quarto die Iulij Anno infrascript immediate post diuinum seruic nulla praedicatione adtunc ibidem existente publice proclamari feci secundum formam Statuti prout istud breue in se exigit requirit A. B. armig ' vic' So that vpon this writ the Sherife must first summon the defendants vpon the land And after hee must proclaime the Summons at the Church doore of the Parish where the land c. lyeth and then must retorne all as afore See hic cap. 102. Retorne de Petit Cape in Dower Virtute c. tali die anno Cepi in manus Domini Regis tertiam partem tenementorum infraspec ' cum pertin ' proui interius mihi precipitur A. B. Armig ' vic' Vpon the Petit Cape the Sherife must summon the tenant to answer his default onely and not to answer to the demandant Also the Sherife is to seise the lands into the Kings hands 15. dayes at the least before the retorne of the writ Retorn ' breuis de visu in Dower Virtute istius breuis c. habere feci infranoÌ„ ' B.C. visuÌ„ de tertia part ' teâ— ' infraspec ' in presenc ' N. C. R.D. M. B. C.D. quatuor milit ' or homines ex illis qui visui illi interfuerunt Et vlterius certifico Iustic ' infrascr ' quod dixi quatuor milit ' praed ' quod sint coraÌ„ Iustic ' infrascr ad diem locum infracont ' ad testificand ' visum illum prout per breue praed ' mihi precipitur In Dower if the demand be of a rent the land c. out of which the rent is issuing shall be put in view See hic cap. 63. Retorn ' breuis de Seisina in Dote Virtute istius breuis mihi directi huic schedulae anex ' tali die c. haberi feci P B. vid. in breue pred' nominat ' plenariam seisinam de tertia parte Manerij de B. cum pertin ' in eodem breue specific ' viz. de vna aula c. tenend ' praef P.B. in separali ê‘ metas bundas nomine totius dotis c. So that the Sherife in Dower is to make execution and to put the wife in seisin of the third part by meetes and bounds if he can And yet in some cases the Sherife is to assigne the wife her Dower to hold in Common ê‘ my ê‘ tout and not by meetes and bounds as of land held by her husband in Coparcinery or in Common so of the profits of a Mill of Common of pasture or of an office In Dower of 3. Mannors or 3. acres the Sherife may assigne to the wife one entire Mannor or one Acre for all And hee may assigne the whole Mannor with the Aduouâ—â—n or hee may assigne the third part of each and the third presentment to the Aduowson The writ to the Sherife was to deliuer the wife ten marks per annum in land and rent and the Sherife deliuered her in land 5. marks per annum and 5. â—arkes in Rent issuing out of the land whereof she was dowable and holden good Vpon the recouery of a third part of a Mannor in Dower the Sherife may assigne to the wife a Copihold with other lands And the Sherife may put the wife in seisin by a clod or by an herbe or by any beast being vpon the land Plus hic cap. 63. Vpon an Habere fac ' seisinam in dote the Sherif retorned that the offered the demandment seisin de tertia parte c. by meeâ—es and bounds and that she refused it this is a good retorne But if the Sherife in the beginning retorns quod habere fecit seisin ' shewing
for lands Et nulla bona Or the Sherife may returne the Extent of goods and not lands He may return Mandaui balliuo libertatis c. Vpon an Elegit the sherife deliuered the lands in execution without making seuerance and vpon complaint thereof to the Court another Writ went to the Sherife to make Seuerance A Writ of Extent awarded in the time of one King and executed by inquisition but before the returne thereof the King dieth and after the Sherife returneth the Extent c. quaere if such returne be not without warrant Vpon the Elegit for that vpon the Inquisition it appeared that the Defendant had conueyed his land to another vpon condition c. and yet took the profits the Sherife thereupon returned That he and the Iurie were in doubt whither the land were extendable and prayed the aduise of the Court therein Note That vpon an Elegit against one that hath two Mannors the Sherife may deliuer the one Mannor to the Plaintife in the name of the moitie of all and is not bound to deliuer the moitie of each Mannor And so of two acres of land but this seemeth to bee where the two Mannors c. bee of equall yearely value Breue de Estrepement Estrepement Note that the Sherife by force of this Writ may resist them which are about to make Wast and if otherwise he cannot stay or refraine them from making Wast he may imprison them or make his Warrant to others to imprison them and if it be needfull hee may take Posse Comitatus for his or their aid Extent Extent sur Recogn ' ou Statute Virtute istius breuis c. Cepi corpus infranom ' I.S. cuius quidem corpus ad diem locum infracontent ' parat ' habeo prout interius mihi praecipitur Residuum execut ' istius breuis patet in quadam inquisitione huic breui annex ' A.B. Armig ' Vic. Inquisitio indentat ' capta apud c. 4. die Aug. Anno c. coram c. virtute breuis Domini Regis mihi direct ' huic inquisic ' annex ' per sacrament ' c. Qui dicunt super sacram ' Quod B.C. in breue prad nom ' die recog ' debit ' in eodem breue specificat ' fuit seisitus in Dominico c. de et in manerio de A. in Com' praed clari annui valoris in omnibus exitibus vltra repress C. li. ac de et in Manerio c. Et vlterius iurat ' praed super sacram ' suum pÌ„d dicunt quod praedict ' B. C. die Recog ' debit ' pÌ„dici ' seu vnquam postea nulla alia c. ad eorum notitiam quod extendi appreciari aut in Manus dicti Domini Regis cepi aut seisiri possunt Quae quidem maneria Terr' et Tenementa praedict ' cum pertin ' ego praefatus Vic die captionis huius Inquisic ' cepi in manus dicti Domini Regis per extent ' praedict ' In cuius rei testimon ' c. I.S. infranom ' non est inuentus in balliua mea ideo ipsum capere non possum ad praesens Sed quoad extend et appreciand omnia terras et catalla ipsius I.S. iuxta formam istius breuis executio inde patet in quadam inquisic ' huic bri ' consut ' Quae quidem terr' et catalla in dicta inquisit ' content ' in manus Domini Regis seisiri feci I.S. infrascr ' non est inuentus in balliua mea Et vlterius certifico quod seisiri feci in Maner ' Domini Regis Manerium c. in inquisic ' huic breui consut ' spec ' prout interius mihi praecipitur Residuum execui ' c. Vpon an Extendi facias vpon a Statute Merchant the Sherife may return that the partie non est inuentus and that he hath extended the land and deliuered the same to the Plaintife Vpon an Extent of a Statute staple which is to take the bodie and to extend the lands and goods the Sherife returned that hee hath extended the land but speaketh not of the goods and though this be but part of that the Sherife was commanded to doe yet it was holden to be good for the land Vpon an Extendi facias vpon a statute Merchant the Sherife returned that he had extended the lands but did not returne that he had deliuered them to the Plaintife whereupon hee should haue beene amerced Vpon an Extendi facias vpon a Statute Staple the Sherife extended the lands of the Defendant and preised his goods and seised them into the Kings hands according to the Writ but deliuered them not to the Plaintife which he indeed is not to do vntill the Liberate commeth to him although he ought to haue returned that extent and preisement and after a Writ of Praerog ' came out of the Exchequer commanding the Sherife to leuâ—e first an hundred pounds for the King c. and the Sherife returned the speciall matter vpon the Writ out of the Exchequer Et ideo nihil inde fecit c. and the Sherife was therefore amerced and was compelled to returne the Extent in the Exchequer for the Kings Debt Otherwise vpon an Extendi facias the Sherife may returne the special matter scz That he cannot make execution for that another hath those Lands in execution by force of an Elegit c. or for that another is in by discent c. for that they are not to bee put out of possession without a Scire facias Vpon an Extendi facias vpon a Statute it hath beene holden a good returne that the partie hath no land but onely in antient Demesne Quaere vide hic cap. 26. Vpon an Extendi facias sued by two vpon a statute the Sherife returned That one of the Plaintifes was dead and good Or the Sherife may returne the Conusor Mortuus Vpon an Extendi facias the Sherife returned that the Conusor was dead and also an Inquisition of the Extent of the lands of the Conusor but in the Inquisition no certaine estate was returned but that the Conusor fuit seisitus die Recognit ' c. de Manerio de A. without shewing of what estate and this returne was held insufficient for that seisitus may be for life or in taile in which cases the land after the death of the Conusor is not extendable So that where the Conusors death appeareth in the Returne there of necessitie his seisin must be found to bee of an estate in fee simple onely Vpon an Extent of a Statute the Sherife returned the extent of the land and not of goods and it was allowed Vpon an extent of a Statute Merchant if the Sherife returneth Tarde or returneth Mandaui balliuo libertatis he shall be punished Quaere The Sherife returneth that none came to receiue the land per quod deliberat ' facere non potuit good Also he may returne Non est inuentus nec
misis expensis quae in hac parte rationabiliter sustinuit plenar ' satisfact ' fuerit prout istud breue in se exigit requirit I.S. infranominatus non est inuentus in baltiua mea Vide plus hic cap. 25. CHAP. 66. Retorne de Briefe de Medio PLegij de Prosequendo Ioh. Doo Mesne Rich. Roo Summonitores in franomin ' I. S. H. I. T. S. In a writ of Mesne the Processe which is giuen by statute is Summons Attachment and the Grand Distresse which shall haue day of Returne by such time that two Countie Courts may be holden in which the Sherife shall make Proclamation that the defendant come to acquire the Plaintife or Tenant c. And if the Defendant commeth not and that the writ be returned the Defendant shall bee foreiudged For the forme of the return of Proclamation of Summons see hic cap. 70. Nihil Vpon the Writ of Mesne the Sherife may returne Quod nihil habet medius vnde potest summoniri Or Nihil habet per quod potest attachiari Or Nihil habet per quod potest distringi Retorn ' breuis Eligend ' Militis Burgens Parliamenti Virtute istius breuis mihi directi in pleno Comitatu meo tent ' apud Cantab ' tali dic anno per assensum eiusdem comitatus Elegi feci duos Milites de Com' meo praed viz. E. P. I.C. ad faciend ' prout istud breue in se exigit requirit Feci etiam praeceptum W.D. maiori villae de C. in Com' meo quod de eodem burgo Elegi fecerit duos burgens ad faciend quod istud breue exigit qui quidem Maior sic mihi respondit quod clegi fecerit de praed ' burgo de C. duos burgenses viz. P. F. I. W. ad faciend etiam prout istud breue in se exigit requirit Proclamari etiam feci omnia in isto breui content ' secund formam effectum huius breuis prout istud breue requirit Residuum vero Executionis istius breuis patet in quibusdam Indentur ' huic breui annex ' And then there must be indentures made betweene the Sherife of the one part and some of the freeholders being chusers of the Knights of the other part in which indentures the names of the Knights shall also be set down c. See hic postea cap. 92. For the forme of these Indentures see my booke at large The like Indentures also are to bee made betweene the Sherife of the one part and the Maior or Baylife quaere and some of the free Citizens or Burgesses of the City or Borough being chusers of their Citizens or Burgesses of the other part In which indentures also the names of their Citizens or Burgesses must be set down c. hic cap. 92. The forme of which last Indenture you may also see in my booke at large And all these Indentures must be returned with the said writ Plus hic cap. 92. CHAP. 68. Retorn ' breuis originalis in Partitione PLegij de prosequendo Ioh. Doo Rich. Roo Summonitores infranominati R. B. Eliz. vxoris eius W.A. H. F. A. B. Armig ' vic' The Returne of the writ of Partition Executio istius breuis patet in quadam Inquisitione huic breui annex ' Virtute breuis Domini Regis mihi directi huic schedulae or huic partition ' Indent annex ' ego A.B. armig ' vic' Com' praed ' tali die anno in propria persona mea accessi ad messuag ' or ad Tn'ta in breui praed specificat Et ê‘ Sacramentum I. B. R. B. c. ad numerum xij proborum legalium hominum de Com' praed ac visnet ' in eodem breui specificat ' habito respectu ad verum valorem eiusdem messuagij or eorund Ten'tor ' cum ê‘tin ' eundem messuag ' cum ê‘tin ' in quatuor equales partes partiri feci vnam partem partium illarum viz. c. Tenendum H. S. F. vxori eius in breue praed ' nominat ' in separalitate ê‘ metas bundas in iure eiusdem F. Aliam partem inde viz. c. Tenendum B.R. Eliz. vxori eius in breue praed ' nom ' in separalitate in iure eiusdem E. * Ac duas alias partes inde viz. c. Tenendum praefato I.S. in separalitate in iure suo proprio Et ego praefatus vic' dic anno superdictis eas deliberari assign ' feci prout idem breue in se exigit requirit In cuius rei Testimonium c. And it is fit to name and abutte and shew the contents of the seuerall parcells * If any of the parties be absent the Sherife may make his returne thus Et quoad duas partes residuum TenemeÌ„torum praed ' in breue praed ' specificat ' I. S. in codem breue similiter nominat ' ad particioneÌ„ praed ' deliberand ' assign ' Iustic ' infraspec ' certifico Quod nullus ex parte ipsius I.S. venit ad recipiend ' de me easdem duas partes Ita quod duas partes illas praefato I. S. liberare assignare non potui prout breue praed in se exigit c. In cuius rei Testimon ' c. So that here the Sherife must in person goe to the Tenements c. Hee must make the partition by the oath of x j. men The partition must be made by the Iury who must doe it equally and then the Sherife may assigne the one part to one and another part to another c. at his election and by meetes and bounds and here the eldest sister is not to chuse c. Or vpon the partition to be made between 2 parceners of two Mannors the Sherife may assigne the one Mannor to the one and the other Mannor to the other so that both the Mannors be of equall value And so of 2. Acres of land c. The Sherife must returne the Partition by writing indented vnder his owne seale and the seale of euery Iuror Vpon a partition to be made between tenants in Common where one of theÌ„ hath purchased other lands which lie intermixt and cannot be knowne the party which purchased such lands ought to shew to the Iury the bounds or the certainty or number of Acres of his land so purchased but if neither party will therein giue euidence to the Iury yet the Sherife and the Iury are to make the partition at the r perils and as well as they can See a good forme of the Returne of this writ of Partition Libro Intrat fol. 452 tit Partition div 3. CHAP. 69. Praemunire VPon this writ the Sherife returned that the defendant was garnished generally but sheweth not what day and it was disallowed for such garnishment ought to be two moneths before the returne Vpon this writ the Sherife returned Quod Praemunire fecit c. quod
and the Sherife must returne it accordingly Iurors for Enquiry ought also to be Probi Legales CHAP. 86. Iurors their number VPon euery Venire facias for the impannelling of a Iury the Sherife must returne 24. neither more nor lesse In a Writ of Attaint the Iury called the Grand Iury must be 24. And the Sherife must returne but so many Hic cap. 51. And in all other actions trialls or enquiries the Sherife vpon any Writ or precept directed to him for returning of a Iury hee is to impannell and returne xxiiij The Iury in a Writ of Right called the Grand Assise must be of foure Knights or of others in default of Knights summoned and returned by the Sherife which 4. Knights c. are to chuse a Iury of xij vnto them and so in all here must be xvj all which are to be summoned by the Sherife vpon a writ to him directed and their names to be returned At euery Gaole deliuery and Sessions of the Peace the Sherif is to return 24. Iurors for enquiry out of euery Hundred besides 24. for the body of the County hic cap. 46. 47. Vpon a Precept to the Sherife from Iustices of Peace out of their Sessions to return before them a Iury to inquire of any riot or forcible Entrie the Sherife must returne 24. But vpon issue ioyned vpon prescription of Common in a great wast lying in two Counties and a triall awarded de Vtroque Comitatu if in each Pannell twelue onely be returned it seemeâ—h to be good Iuries for enquirie in the Sherifes Turne shall be of twelue at the least And so in all Enquiries made or Inquisition takeÌ„ by the Sherife Escheator or other commissioner the same ought to be by 12. Iurors at the least And so of Trialls in the Countie Court by a Iusticies the same ought to be by twelue men Note that where seueral Indictments are preferred against diuers seueral prisoners the Sherife may returne one and the same Iurie two or three seuerall times to trie those prisoners so as the euidence against all the prisoners be deliuered all at one time No Sherife or other Officer shal take any reward or promise of reward for sparing not warning or not returning of any Iuror for triall of any issue sub poena 5. li. The Sherife is to adde and annex to his Pannell the names of such persons as shall bee impannelled vpon the Tales Note that there may be many Tales one after another till the Iurie be full as a Decem Tales Octo Tales c. Sex Tales c. But euery Tales must bee of a lesse number than the former And euery Tales must bee of fewer than the principall Pannell except in Indictments and Appeales that touch life And euery Tales must be of an euen number And they must bee others of the same sort that the principall Pannell were of Although the writ be Venire facias xij liberos legales homines yet if the Sherife shall returne the names of twelue onely he shall be amerced And if hee shall returne twenty three and twelue of them shall appeare and giue their verdict yet it is erronious CHAP. 87. The sufficiencie of Iurors BY a statute made 21. Ed. 1. and yet in force euery Iuror for triall of any matter within the county must haue in freehold per annum 40. s. Euery Iuror for triall of any matter out of their County must haue in freehold per annum at least v.li. Now it is to be obserued that forty s. in those dayes doth make at this present at the least six pounds of our money and therefore for the returning of more sufficient Iurors for trials by later Statutes it is now enacted that where formerly they ought to haue forty shillings per annum Now the Venire facias shall haue this clause Quorum quilibet habeat 4. li. per annuÌ„ ad minus And vpon such a Venire facias the Sherife shall returne no person vnlesse hee may spend 4. li. per annum of Freehold within the county and out of Antient Demesne And where that clause is left out of the Venire facias scz quorum quilibet habeat 4. li. there the Sherife may return such as haue any Freehold within the Countie where the Issue is to be tried But these last Statutes extends not to any Iurors to be returned in any citie or towne corporate or in Wales Againe no person shall passe in any Enquest touching life nor in any plea reall or personall whereof the debt or dammages declared amounts to fortie Markes except such person haue fortie shillings in land per annum so that they be challenged for that cause c. But where any Alien is a partie one half of the Enquest shall bee Aliens though they haue not 40 s per annum In writs of Attaint the Sherife is to returne vpon the graund Iurie more sufficient men scz if it be in plea of lands or for deeds concerning Lands of forty shillings per annum or in any Action personall of fortie pounds or more euerie of the grand Iurie must haue in freehold lands per annum twentie markes at the least See hic cap. 51. Euery Iuror returned before Iustices of Peace to enquire of any forcible Entrie c. must haue 40 s freehold ê‘ annum Euery Iuror returned before Iustices of Peace to enquire of any Riot c. must haue xx s free-hold ê‘ annum or in Copihold xxvj s viij d. per annum Vpon a Commission to enquire of the default of Iustices of Peace and Sherifes in not executing the Statutes made for suppressing of Riots such Iurors onely shall be returned as haue xx pounds ê‘ annum at the least Euery Iuror returned before Iustices of Peace to enquire of concealements of other Enquests must haue 40 s per annum Euery Iuror returned before Escheators or Commissioners to enquire of any lands must haue 40 s freehold ê‘ annum Euery Iuror impannelled in the Sherifes Turne must haue xx s. freehold ê‘ annum or in Copihold xxvj s. viij d For the sufficiencie of Iurors in Lancashiere Wales London and corporate townes See the Statutes Note that Tenant for life yeelding a rent with a clause of Reentry for Non payment is no sufficient freeholder to be sworne of a Iury his estate being so defeasible A Lease is made to B. for yeares the Remainder to C. in fee here C. may passe vpon a Iury for this freehold B. maketh a Lease for x. yeares absque aliquo reddendo here B. is a sufficient freeholder to passe vpon a Iury for his freehold remaining Plus hic cap. 92. Note that it is needfull for the Sherife to haue a booke conteining the names of all the Freeholders within his County and their sufficiencies that so he may not onely make the Pannells according to his oath but may also know their sufficiencie to be sureties or Pledges c. for others And besides if they returne any Iuror in
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
election of the Knights c. before the next Countie court the Sherife must make out his Warrants to his Baylifes of euerie Hundred commanding them to summon or warne the Freeholders within their seuerall Bayliwickes to be at the next County and there to make choice of their Knights c. Or else the Sherife after the receit of that writ at some Quarter Sessions of the Peace or other generall meeting of the countrie may giue publique notice thereof to the Freeholders Mes si le Vic ' done nul notice ou Summons al Freeholders serra mischieuous Et vncore semble nul remedy done And at the next countie in ful countie Proclamation shall be made by the Sherife of the day and place of the Parliament and that all persons there present shall attend the election After the Knighs be chosen be they present or absent their names shall bee written in a paire of Indentures to bee made betweene the Sherife of the one part and some of the Freeholders beeing chusers of the other part vnto which Indentures the Sherife and the Chusers shall interchangeably set their Scales and that part of the Indentures sealed by the Chusers shall bee tacked to and returned by the Sherife with the said writ These Knights ought to bee chosen of persons resiant within the Shire and must be Knights indeed or else Gentlemen able to be Knights But no Sherife or Mayor ought to be chosen Also persons attainted of treason or felonie ought not to be chosen knights for the Parliament Nor any person that is outlawed Nor any person in prison vpon an Execution Neither ought any such person to be chosen a Burgesse for the Parliament And yet it any such person shall be chosen thereto the Sherife ought to returne their names The chusers of Knights for the Parliament ought to be onely of such persons as bee dwelling within the same Shire and such as haue fortie shillings freehold lands or tenemtnts per annum within the same Shire the day of the date of the same writ Note that by the Common Law all Freemen of England had a voyce in the election of these Knights within the Counties where they dwelt but now they are restrained by Statute to such only as haue freehold lands or Tenements to the value of fortie shillings by the yeare aboue all charges By which words Lands and Tenements you must vnderstand First he which hath no other Freehold but the Aduowson or gift of a Church hee thereby can bee no chuser c. He which hath no other freehold than comon of Pasture can be no chuser c though that be of the value of fortie shillings per annum But a freehold house or land worth thirtie shillings per annum and a common of pasture appendant worth twentie shillings per annum belonging to the same house is holden to bee a sufficient Freehold Otherwise of a house new erected or erected within time of memorie for that common must be by prescription except such house be worth forty shillings per annum besides the Common A. hauing fortie pounds per annum letteth the same to another for life reseruing no rent or but twentie shillings or thirtie shillings rent per annum this seemeth no sufficiencie of freehold to A. during the terme But if A. letteth such his estate to another for yeares though for diuers yeares reseruing only twentie shillings per annum or absque aliquo reddendo yet here he may be a chuser c. for the freehold which is in him So if lands worth fortie shillings per annum be letten for yeares the remainder to A. in Fee simple or Fee taile heere A. may be a chuser c. for the Freehold which is in him If a man hath fortie shillings rent per annum or one annuitie of fortie shillings per annum issuing out of lands during his life this is sufficiencie of freehold to be a chuser c. And this fortie shillings per annum must also be certaine and not by reason of the gaine of an Orchard Garden or other thing which is casuall and not certaine for that is no sufficiencie If a man hath a freehold estate of lands or tenements in the right of his wife of the yearely value of forty shillings it is sufficient If a man hath free warren of conies the which communibus annis is worth fortie shillings per annum this is sufficient If a man maketh fortie shillings per annum of his woodsales Cole-mines Tythes impropriate or the like beeing his Freehold these are sufficiencie of Freehold Clergie men for their Spirituall Liuings are holden to haue no voyces in the election of these Knights Quaere Fellowes of Colledges in the Vniuersities are holden to haue no voyces in this election of Knights for or by reason of their chambers or other auails in their Colledges And Gentlemen of the Inns of Court or Chancerie are to haue no voyces therein by reason of their chambers there Note that the Sherife may examine vpon oath euerie such chuser how much Freehold hee may expend per annum The election of these Knights must be made in the ful county Court between the houres of eight 11. in the forenoone and onely by such Freeholders as be then present in the Countie Court And the Sherife is to returne such Knights as haue the greatest number of voyces of such chusers and freeholders This returne of the Sherife must be made by Indentures sealed by the Sherife of the one part and by the chusers of the other part The form of which Indentures you may see in my Booke at large cap. 92. If the election be made in ful Countie and betweene the houres aforesaid the Sherif may seale his Indentures and make his Returne afterwards and in another place Also this election of Knights as also of Burgesses may be by voyces or holding vp of hands c. or by any other way whereby it may be discerned who hath the greater number Burgesses The Sherife also vpon receit of the said Writ for summons of the Parliament ought presently to make out his Precepts vnder the Seale of his office to euerie Mayor and Bailife c. of Cities and Burroughs within his Countie commanding them to chuse their Citisens and Burgesses for the Parliament Those Maiors and Baylifes c. must make a returne of that Precept and of their Election scz of their names to the Sherif by Indentures the sherife must seale one part of those Indentures and the other part sealed by the Maior c. the Sherife must certifie and returne also with the Writ If any Sherife shall be negligent in making his returne of this Writ or shall leaue out of his said returne any Citie or Burrough which ought to come to the Parliament he shall forfeit an hundred pounds and haue one yeres imprisonment If the Sherife shall doe any thing contrarie to the Statutes either concerning the due election or returning
saue the high Sherife harmelesse are good Some thinke better of meete couenants made by Indentures betweene the sherife and his vndersherife especially with three or foure good Sureties all of them to couenant ioyntly and seuerally for performance of the couenants yet bonds to performe such couenants also will make the officers the more carefull The formes of such couenants and bonds see in my booke at large All and euery of the Sherifes officers before they intermeddle in their office shall take two oaths scz the oath to the Kings supremacy and the oath for the true exercise of their office Sub poena 40. li. The oath of there office see Statute 27. Eliz 12. for the forme thereof The substance of this oath is for the true speedie and indifferent returning of Writs and impanelling of Iuries without taking aboue the fees allowed If any of them shall commit or doe any thing contrarie to their said oaths or either of them they are punishable And these Oathes they must take before one of the Iudges of Assise or before the Custos Rotulorum or two Iustâ—ces of Peace the one beeing of the Quorum of the Countie where they are in such Office None of the Sherifes Officers shall be an Atturney in any of the Kings courts during the time their said office No Vnder-Sherife nor Sherifes Clerke shall abide in his Office aboue one yeare sub poena 200. li. No Vnder-sherife or Sherifes Baylife shall be in that Office againe within three yeares except in London and Bristoll c. Deputies The Vnder-sherife is the High-Sherifes generall Deputie and vseth the place in the right of the High-Sherife The Sherife also must make a Deputie of Record in euerie of the Kings Courts at Westminster Hic cap. 2. He must also make Deputies in his Countie to make Repleuins foure at the least not dwelling aboue twelue miles one from another which Deputies may in the Sherifes name make Repleuies c. in such manner as the Sherife himselfe may doe Ibid. The Sherife shall be amerced for the defaults of his Vndersherife CHAP. 120. Baylifes of Hundreds THese also are to be appointed by the High-sherife and are chiefely to execute writs to summon the Assises and Sessions and the like The Sherife must appoint such for whom he will answer These Baylifes would be such as do know each mans person and land in their Hundred and their abilitie to serue vpon Iuries that so they may the better summon them to appeare c. when they shall be appoynted They ought to haue sufficient lands in the same Countie They ought to be knowne men true and credible persons They must bee sworne in the full Countie scz to the Supremacie and for the due execution of their Office sub poena 40. li. They may not let their Office to any other The execution of all Writs ought to be done by them And yet speciall Baylifes are now vsually allowed to serue Processe and are not sworne as the other But no Distresse shall be taken but by a Baylife knowne and sworne These Baylifes of Hundreds ought to attend the Iudges and the Iustices of peace at euerie their Sessions And are also to execute all Precepts Warrants directed to them from the sayd Iudges or Iustices for the administration of Iustice Note that it is parcell of the Sherifes Oath to take no Baylifes but such as be true men of sufficient estate and such as he will answer for and that they take the oath for the due execution of their Office No e also that it is parcel of the Sherifes Oath not to let to farme his Sherifewicke nor any of his Bayliwickes c. And therefore their granting of their Off ce of Vnder-sherifewicke with the Fees profits Courts Perquisits and other Commodities to the Office belonging seemeth to bee both against the Statute and against their Oath for such Officers as the Sherife putteth in ought to be but as his vnder Officers and seruants and ought not to doe or take any thing but as seruants to the Sherife and in his onely right See hic cap. 3. CHAP. 121. Baylifes of Franchises or Liberties THese are such as be appointed by Lords within their Liberties to do such offices within the precinct of such Liberties as the Baylifes of Hundreds doe within the Countie or Hundred and a principall part of their Office consisteth in the due executing of all Precepts directed to them from the Sherife and in their due returning thereof to the Sherife These Baylifes also before they meddle c. must take the Oaths to the Supremacie and for the due exercising of their Office These Baylifes of Liberties which haue returne of Writs cannot arrest a man without a warrant first made to them by the Sherife by force of the Kings Writ in the Sherifes hands These Baylifes hauing receiued the Sherifes Warrant when that they haue executed the same they must make their returne thereof to the Sherife vnder their hands c. by Indenture and the Sherife may not alter the same If a Baylife of a Franchise shall arrest one by a Warrant vpon a Capias to him directed from the Sherife yet the Obligation taken for the appearance of the partie must bee made to the Sherife and taken by the Baylife in the Sherifes name But they may baile such persons being in their custodie as Sherifes may and may take the like Obligations for the appearance of the partie by them to be bayled No Steward Baylife or Minister of Lords of Franchises which haue return of Writs shall be an Atturney in any any Plea within the same Franchise Baylifes of Liberties shall take such fees as the Statutes do allow the Sherife and their Officers These Baylifes shall bee attendant vpon the Iudges of Assise c. and Iustices of Peace at euerie of their Sessions And shall execute all Warrants directed to them from the said Iudges or Iustices for ministration of Iustice within their Libertie They must haue sufficient lands within the Countie They shall be punished for insufficient returnes of Writs made by them and yet when they haue executed their Precept directed to them from the sherife they are to make their returne thereof onely to the Sherife and not into the Court. The King shall haue all Fines amerciaments Issues and Forfeitures lost by any Officers of Franchises CHAP. 123. BAylifes of Liberties and Gaolers Gaolers must certifie the names of euery prisoner in their custody for felonie at euery generall Gaole deliuery in that County or Franchise The Sherife shall haue the keeping charge and rule of the common Gaole and of the prisoners therein and must put in such Keepers for whom he will answer If the Gaoler shall suffer a felon to escape voluntarily the Sherife or Gaoler may be indited of felony for the the same and if it were by negligence they are fineable If the Gaoler shall suffer a prisoner to escape which is in prison vpon
the King he is accomptable or chargeable for the same Yet Sherifes shall not be accomptable but onely for their owne times Quaere Euery Sherife by himselfe his atturny or deputy shall bee sworne at his day of prefixion to bring and deliuer into the Eschequer Rolls of parchment of all such particular sums of money which he hath or might haue leuyed making mention of what person of what lands and for what cause any of the said summes be If the Sherâ—fe or his Officers shall gather the Kings rents or shall leuy the Kings debts or other duties and shall not accompt for the same in the Eschequer the Sher fe is liable both to the King and to the action of the partie grieued besides the danger of his oath If the Sherife shall seise the goods of one that is outlawed or for any other cause and shall not vpon his account answer the King for the same hee is chargeable both to the King and party c. For note that the Sherife in an action of trespasse c. brought against him by the owner of those goods must plead that he hath accounted for them Note also that the High Sherife is accomptable to the King for all things belonging to the office of the Sherife and the Vndersherife is accomptable to the High Sherife The manner of the Sherifes account see in Master Wilkinson of the office of Sherifes fol. 36. 37. For the ordinary charges of the passing of their accompt See ibid. fol. 38. 39. 40. 41. None of the Sherifes of the Counties of Surrey and Sussex Essex and Hereford Sommerset and Dorset Warwicke and Leicester Nottingham and Derby or Oxford and Berksh besometimes ioyned shall pay in any Court of Record for any duely belonging properly to the Office of a Sherife any orher fees or charges than only the one halfe of the charges and fees which he should haue paid if hee had beene Sherife of two of the said shires as formerly was vsed And their charges and rewards c. shall bee diuided By the Statute of 5. R. 2. cap. 11. the accompts in the Eschequer shall bee more speedily heard made and ingrossed than they were woont c. Before the Sherife come to his accompt or Opposals before the forreine Opposer let him be carefull fully and truely to learne which are good debts and which are not and which are within Liberties and which are not For with the forrein Opposer the Sherife must either Tot Nihil or set ouer into Liberties all the debts sums of mony conâ—eined in the summons of the greene waxe and in the Extracts of the peace of the County where he was sherife and therefore hauing first learned which be good debts and which not and which be within Liberties and which not he may make his booke of all his charge accordingly What allowances they shall haue vpon their Account All Sherifes shall haue such tailes of Reward and other allowances as they haue heretofore had Also they shall bee discharged vpon their accounts in the Eschequer vpon oath of such summes of money which they cannot leuy See the Statute 2. 3. Ed. 6. cap. 4. Sherifes shall haue allowance by there oath of the issues of their Countie They shall haue allowance vpon their accounts by their oaths of things casuall but not of such things as remaine in yearly farmes or yearely demands If an accountaÌ„t being Nichilled will sweare that hee oweth nothing to the King he shall be therupon discharged Statute 5. R. 2. cap. 13. Sherifes vpon petition and bills brought in vpon oath shall haue allowance for their charges and expences which they sustaine by the Dyet of the Iustices of Assise and other meanes c. Sherifes also shal haue allowance for their charges or wages of the Iustices of Peace at their quarter Sessions but the Sherifes allowance herein is but foure shillings a day a peece for eight Iustices Note that all fines amerciaments issues forfeitures and penalties whatsoeuer arising before the Iustices of peace at their Sessions are to be estreated by the Clarke of the Peace out of the records of the Iustices and to bee indented by him and then to bee deliuered one part to the Sherife to leuy the same thereby and the other part to bee certified to the Barons of the Exchequer And the Sherife is accountable for the same in the Exchequer vpon those estreats so certified into the Exchequer and so in many places the Sherife payes them to the King and neuer hath them againe nor any allowance saue onely foure shillings a day a peece for eight Iustices vt supra and the surplusage is in many Counties pursed vp by the Clarkes of the peace who receiues all the fines and thereout payeth or might pay the Iustices wages and then deliuer the resident the Sherife and should make his estreats accordingly The course of the Eschequer is said to be thus scz that so soone as a sherife hath entred into his account for issues amerciaments or meane profits for intrusions and alienations without licence to marke vpon his head O Ni which is asmuch as Oneratur Nisi habeat sufficientem exonerationem c. and presently the sherife is thereby become the Kings debtor and a debet set vpon his head And so soone as the sherife is become the Kings debtor of record vt supra the other parties are also presently become debtors to the sherife And the sherife in that case shall cause the debt to be leuied against those particular persons by a Constat But where the King by Parliament shal pardon all Issues Amerciaments and Intrusions c. if the Sherife after such pardon shall enter into his account without taking aduantage of the Pardon here the Sherife is chargeable to the King by his owne follie and the particular persons are at libertie and shall haue aduantage of the Pardon c. Amongst other things it is behoofefull for Sherifes and Vnder-Sherifes vpon the making of their accounts to haue a speciall care of their Totting Nichilling scz What they Tott or charge and what they Nichil or discharge and that they charge or discharge men orderly honestly and with vnderstanding for what they Tott or charge though it can neâ—er be leuied yet it will hardly bee auoyded but it must be paid and if it be Nichilled if it be Issues of Iurors though they bee neuer so bad and cannot be leuied betweene the old Sherife which returned them and the new Sherife which Nichilled them they must be paid though it be seuen yeares after if there come no pardon in the meane time The Sherifes discharge Where they shall be discharged vpon their accompt and oath of such summes as they can not leuy See antea Sherifes hauing here Quietus est they their heires executors and administrators and their lands tenements goods and chattells shall be absolutely discharged of their accompts scz of all manner of summe or summes of money which they shall