by his Resignatio the authority of the Sherife and of all his officers doth determine and cease And therefore it is vsed presently in the next Kings time to sue out new Patents of this Office and of Assistance The old Sherife may execute his office vntill hee hath his Writ of Discharge after he is discharged scz after his writ of Discharge deliuered to him or deliuered to the Vnder-Sherife sitting in the County Court neither he nor his Vnder-Sherife ought to make any Warrant for the arresting of any man Neither may they make retorne of any Writ And yet the Writs which are set ouer in the Indenture betweene the Sherifes if they haue beene executed by the old Sherif theÌ„ they must be retorned by him or in his name and indorsed or subscribed by the new Sherife after this manner Istud breue prout indorsatur mihi deliberatum fuit per R.S. Armiger ' nuê‘ vic' prox praedecessor ' meum in exit ' ab Officio suo A. B. Miles vicecom ' Also if the old Sherife hath serued any Processe and before the day of the Retorne thereof he be difcharged and that it happen to be left out of the Indenture and feareth that the Writ should be embeaseled by his successor he may deliuer the Writ so by him serued into the Court and thereupon the said Writ shall bee deliuered in Court to the new Sherife and a speciall entrie thereof shall be made in discharge of the old Sherife Also the old Sherife after hee is out of his Office may notwithstanding by â—he appointment of the Court amend any Retorne by him erroniously made The old Sherife after hee is discharged may also sell any goods formerly extended by him whilest hee was in Office Plus hic cap. 22. 5 The new sherife at his first County Court holden after his election and the discharge of the old Sherife must cause to bee read his Patent of his Office and his writ of Assistance and must also nominate his Vndersherife and must depute or appoint and proclaime foure Deputies at the least in the Countie to make Repleuins in the sherifes name which Deputies must dwell not past twelue miles asunder in euerie quarter of the Countie one Also the new sherif before he returne any writ must haue a deputie of record in euerie of the Courts of Chancerie Kings Bench Common place and Exchequer there to receiue all writs and Warrants to be directed to the Sherife c. sub poena 40. li. and treble dammages c. And such Deputies must be made by Warrant of Atturney from the High-Sherife and in writing CHAP. 3. NO Sherife Vnder-Sherife nor Sherifes Clerke shall abide in his Office aboue one yere sub poena 200 pounds No Sherife or Vnder-Sherife shall be in the same Office againe within the same Countie within three yeres after c. sub poena 200 li. But yet persons inheritable to the office of Sherife or Vnder-Sherife the Sherifes and Vnder-sherifes of London and of Bristoll are excepted Also the King by his Prerogatiue may grant the Office of a Sherife for yeares life or in fee. Euerie Sherife must dwell and bee resident in person within the County where he is Sherife during the time of his Office except he be otherwise licensed by the King A Sherife hath no authoritie or power within another Countie Neither may they exercise their Office out of their Countie And yet the sherife being out of his Countie may make a pannell or may make any Retorne Also by force of the Kings Writ to carrie a prisoner out of the Countie c. the Sherife may carrie or send by baston his prisoner to the place appointed him although it bee through diuers other Counties Also if a prisoner of his own wrong shall make an escape and flie into another Countie the Sherife or his Officers vpon fresh suit may there take him againe No Sherife shall let to farme his Office in any manner nor his County nor any of his Bailiwickes or Hundreds nor any of his Courts sub poena fortie pounds And yet the Sherife may appoint vnder him his Vnder-sherife and his Baylifes and Deputies all which doe vse their place in the right of the Sherife and as his seruants but they may not be Lessees or Fermors thereof and so to occupie their place or take the profits thereof in their owne right For the Sherife may not let the profits issues or reuenues of his Countie or the profits pertaining to his Office Now these seeme to be the fees annuities rents fermes issues fines amerciaments escheats estrayes goods of Felons and fugitiues and other like casuall profits belonging to the Sherifes office to gather and where the King maketh one Sherife sine compoto there the Sherife shal haue these things or profits to his owne vse otherwise the Sherife shall be accountable for them and yet he is not accountable for them sauing in a grosse summe for the ferme of the profits of the Countie Tamen quaere See hic ca. 11. 125. CHAP. 4. The authoritie and power of the Sherife THe authoritie of the Sherife is in some cases absolute or iudiciall and in some cases ministeriall Their absolute or Iudiciall power is in these things following By the antient Common Law the Sherife and Coroners were Iudges and in the Tourne Sherifes in the Countie Court the Sherife and Coroners together did hold plea of felonies and of other things pertaining to the Crown And in the time of the Saxons most suits in the Common Law were Viscountiel and held before the Sherife in the County court yea vntil the NormaÌ„ Conquest a iurisdiction of causes Ecclesiasticke was also exercised ioyntly by the Bishop and sherife at the county Court But now by the Statute of Magna Charta cap. 17. no Sherife shall hold plea of any thing pertainâ—â—g to the Kings Crowne scz They shall not hold plea of any Freehold or Lands nor of any felonie or trespasse vi armis or of any other thing touching the Crowne or against the peace of the King his Crowne or dignity to heare and determine the same And yet Appeales of Felonies and of Mayhem and Rape may be sued by Bill in the Countie Court at this day Hic cap. 111. Also the Sherifes in their Court Leet or Tourne may enquire of Treasons homicides other felonies of common Trespasses and in some cases may imprison fine binde ouer or otherwise punish offendors Hic cap. 109. In the Countie Court they may hold plea of lands by a Iusticies but otherwise they cannot In their Countie Court they may also by playnt hold plea de auerijs captis detentâ—s c. which plea properly belongeth to the Crowne In their Countie Court they may take a Recognisance for a debâ— between partie and partie Hic cap. 115. Hee which hath a pardon for any manner of felonie ought to be bound to the good behauiour before the Sherife and Coroners c. Also
King by Attainder Escheat and alienation in Mortmaine The meane profits of lands for intrusions and alienations without License But in most cases for Lands or Tenements or the profits thereof there must first be an office found for the King viz. an enquirie must bee made by twelue men vpon their oath to finde the Kings title and the certainty what Lands or Tenements they be and the yearely value thereof before the Officer may seise them And yet in these cases following the Sherife or the Escheator may ex officio as it seemeth and without any Office found seise the same scz In cases where any are attainted during their liues of high Treason and here they shal forfeit all their lands and hereditaments in fee simple or fee taile So where the Kings Tenant in fee simple is attainted of pettie Treason or of Felonie and is put to death or dieth of himselfe the Kings Officer may seise the same for here a possession in Law vesteth in the King And in these cases the King shall haue the forfeiture of their lands from the time of the offence Also where a possession in Law of lands c. is cast vpon the King by discent Reuerter Remainder or Escheat vt supra So in cases of Wardship and Primer seisin or during the vacancie of a Bishopricke In which three last cases the possession in law of a Chattell is vested in the King But in other cases the Officer may not seise any lands or Tenements nor the profits thereof without an office found for the King or other matter of Record and Processe scz a Scire facias made out against the parties and retorned c. As where the King is entituled to enter for a Condition broken or for Mortmaine or for alienation without licence So in case where the King is intituled to seise the temporalties of a Bishop for a contempt So in Cases of Ideocie Lunicie and the like So where the King is to haue Annum diem vastum of the lands of persons attainted Also where an Office is found which doth not intitle the king to the possession by Entry but onely dy action there the Officer must first haue processe or other warrant for to seise the land c. As where it is found by an Office That the Kings Tenant for life or yeares hath done wast Or that his Tenant in fee simple hath cessed by two yeares Or that his tenant in fee hath made a feoffment by collusion contrary to thâ—â—â—tute of Marlebridge â—ote where the Office is found before the Escheator there the Escheator is chargeable vpon his accompt But of lands whereof the Office is found before Commissioners there the sherife shall be charged And yet neither of them shall bee charged but where there is an Office found or that they shall meddle ex officio c. And where there is an Office found they shall be charged onely according to the yearely value found by the Office And therefore in all these former cases where the Sherife shall seise any lands or tenements or the profits therof it is safest for the sherife that there be an Office first found thereof or at least for him to haue the kings writ other warrant of law so to doe But the Escheator is more specially appointed for the finding out of the Kings title to Lands Tenements and or other things CHAP. 7. Franchises A Franchise is a Royall priuiledge in the hands of a subiect And such are euery Libertie or commodity which of their owne natures are appertaining to the King and are deriued from the Crowne and by the speciall gift or grant of the king are come to a common person or subiect Of these some are more Royall as authority to pardon Treason Felony Vtlary c. Or to make Iustices the like which none can doe but the King 27. H. 8. cap. 24. Some are lesse Royall as Conusance of Pleas Chases Parks Warrens Fayres Markets Toll Courts Leets or Hundreds Wayfes Estrayes Wreckes Catalla felonum fugitiuorum vtlagatorum the correction of the Assises of bread and Ale Pillory tumbrell and the like these a subiect may haue Now if any man doe hold or vse any of these last sort of Franchises without or contrary to the kings grant or lawfull Prescription it seemes to be enquirable in the sherifes Tourne as a Purprestor Againe as it is parcell of the Sherifes oath to keepe the Kings Franchises so the Sherife may seise to the Kings vse ex Officio many of these things as namely wayfes estrayes wreckes and felons and vtlaws goods c. except where some other person hath the same by Charter or by Prescription Note in the former cases Capite precedente the king is to haue seisin or possession of the lands themselues So as the King may let them c. But where the king is not to haue seisin of the land it selfe but is onely intituled to the profits of the lands there the sherife ex Officio and without any office found may seise to the Kings vse the profits of such lands As the lands of a Clarke conuict of felonie Also the profits of the lands of persons outlawed in a personall action the Sherife or Escheator may seise ex offiico See hic Cap. 15. what the Officer may seise doe or take in the name of the profits of lands Also goods Goods and chattels of felons fugitiues and the like the sherife may seise ex officio And yet dicitur that the Escheator is rather and more vsually accomptable for these And that the Sherife is not acccomptable or chargeable for these saue in a grosse summe for the forme of the profits of the County See plus hic cap. 14 125. And note that no subiect can haue these things scz bona seu catalla felonum fugitiuorum vtlagatorum but by Charter and not by Prescription Also Franchises or Liberties seised into the kings hands vpon iudgement giuen in a Quo warranto the sherife shall answer the profits thereof to the kings vse But the Sherife must first haue a writ or precept directed to him for the seising of diuers Franchises before he may seise them for that there bee diuers Franchises which may not be seised but at the Kings suit in a Quo warranto which writ is to try the validitie of the Franchise c. as Conuzance of Plees correction of the Assises of bread Leets Hundreds Fayres Markets and the like CHAP. 8. Suits IT is parcell of the Sherifes Oath truly to keepe the kings suits Now Suite is a seruice which a man ought to do by reason of his land and tenure to performe this he ought to go to the Court of the king or of some other there to doe that which appertaineth to the nature of his suite And both the Sherifes Courts scz his Torne and Countie Court seeme also to be both of them the Kings Courts by reason that the suite belonging to them both
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
of these Knights and Burgesses hee shall forfeit to the King an hundred pounds and to the partie not duely returned C. l. and haue one yeres imprisonment These Citisens and Burgesses of cities and Burroughs ought to bee chosen of persons dwelling and free in the same Cities and Burroughs and none other in any wise Tamen aliter in vsu Also the Sherife after he hath receiued a Writ for the leuying of the expences of these Knights at their next Countie Court are to make Proclamation That all Coroners chiefe Constables Baylifes and others which will be present at the next Countie Court after to ass sse the fees or wages of the Knights c. At this assessement the Sherife or Vndersherife ought to bee in person with the Coroners and Constables to assesse the wages And the Sherife in the presence of them that come in the full Countie shall assesse euerie Hundred to a certain summe by it selfe so that the whole summe of all the Hundreds do not exceed the summe due c. Also the Sherâ—fe c. shall then also assesse euery village c. to a certaine summe so that the summe of the townes exceed not the summe assessed vpon the Hundred of which they bee sub poena thirtie pounds Euerie Knight of the shire is to haue thirteene shillings foure pence by the day to be paid by the Countie If any Sherife shall leuie more than shall be due or shall not speedily leuy so much as shal be due or shal not deliuer the same to the Knights according to the said Writ he shal forfeit xxx.l. c. The Sherife may distreyne for the moneys so assessed and he may distrein the whole Heard of Cattell of the Towne or the goods of any particuler man of the town for these Monies Also the sherife my sell the distresses so taken Note that the Sherife shall assesse no Village or place hereunto but such as antiently haue beene chargeable Also the freeholders tenaÌ„ts of such Lords c. as come to the Parliament are not to be assessed for their laÌ„ds holdeÌ„ of such Lords except by prescriptioÌ„ Also Burrough townes which send Burgesses to the Parliament shall not pay or contribute to these wages except it be by Prescription Lords and Tenants in Antient Demesne shall be acquited of payments to these expences for such their land c. Also Copiehold lands are not chargeable to these expences CHAP. 93. The Sherifes duty in executing the writ of Redisseisin Redisseisin VPon this writ the Sherife is first to summon the disseisor and the ter-tenant to bee before him at such time when he makes this his Inquisition But the summoning of the ter-tenant seemeth onely to bee for him to giue in euidence The Sherif in this businesse is made a Iudge and therefore he must in person goe vnto the lands or tenements wherof the plaint is made to see them yea though it be within a Liberty He must sit and make his Enquiry in proper person and vpon the land c. Or at least he must cause the Iury to goe see the lands c. And then to hold plea of the matter He must haue the assistance of 2. Coroners at the least to sit with him at the taking of the Inquisition And these Coroners should ioyne with the Sherife in making vp of the Record But the Sherife is only Iudge herein The Sherife at his Inquisition must also haue with him certaine Knights or other lawfull men being neighbors dwelling neere vnto the lands c. And before them and the Coroners the Sherife must make his Inquisition by a Iury. And the Enquiry must be whether the tenant be Redisseised or no and not whether he were Disseised This Enquiry must bee made by two of the first Iurors at the least by so many other neighbours as shall make vp a full Iury. Although all the first Iurors bee lyuing yet the Sherife must take two at the least other new Iurors to bee of this Enquiry Also the first Iurours which must serue vpon this Enquiry must bee of such as did passe vpon the principall action and not such as passed vpon the Enquiry for damages The Sherife may not suffer the partie to haue his challenge to any of the first Iurors But he may haue his challenge to the other Iurors but not to the Array The Sherife herein hath no power to try any Plea out of the point of Redisseisin Nor to suffer or accept of any forreine plea Neither shall he suffer the disseisour to plead any feoffement or release Nor that he hath paid a fine c. If vpon this Enquiry it bee found that the plaintife is redisseised or disseised againe then the Sherife must presently commit such disseisor to prison there to remaine without baile vntill he shall pay a fine to the King And further vntill he shall be discharged of his imprisonment by the judgement of the Kings court and by a speciall writ reciting that hee hath payd his fine to the King c. The Sherife shall receiue no Attorney for either party without the kings writ whether the Lord hath Cognusance in an assise c. yet the sherife shal enter the Franchise and make execution of this Writ but the Sherife shall there write his precept to the baylife of the Franchise to returne the Iury. Vpon the Redisseisin found by the Inquisition the Sherife also must make a record thereof and make returne thereof And in this Record and Returne the Sherife must shew or returne that he hath made his Inquisition c. in the presence of such Coroners c. by so many of the first Iurors and by others c. He must also return Quod accessit ad locuÌ„ or Tent ' a infrascipt ' not accessit ad villam but he may returne Quod apud S. being the towne where the land lyeth fecit Inquisitionem c. And this Inquisition must be returned vnder the Seales of the Sherife and of the Iurors but the seales of the Coroners seemes not to be needfull CHAP. 94. Where the sherife may breake open an house to execute the Kings Writ c. 1. VVHeresoeuer the King is a party or hath any interest in the businesse as for the apprehending of any person for Treason felonie or suspition of felony the Officer may breake open the doores So where one hath dangerously hurt another and then flyeth into an house but here fresh suite must bee made quaere So where an affray is made in an house and the doores shut So vpon a warrant for the peace or good behauiour So vpon a warrant for Iustices of Peace to reseise a house and restore the pâ—rty put out where a forcible Entrie or deteyner was found by Inquisition before the said Iustices So vpon Proces for the apprehending of any Popish Recusant being excommunicated See plus my Country Iustice cap. 78. So vpon a Capias vtlagatum So vpon a Capias pro fine And
statute Vpon presentment of any Inneholder or Hostler for not making their Horse-bread of due Assise or for selling their victuall or prouander at vnreasonable prices they may fine the offendor and for the second offence they may imprison him without Bayle for one moneth and for the third offence they shall set him in the Pillorie Note that a presentment in this Court is not trauersable there after the day wherein it is presented except it toucheth the Freehold c. Note also that for all amerciaments assessed by the Sherife c. in his Turne for default of appearance or the like the Sherife may distreyne for such an amerciament in any place within his Countie CHAP. 110. The Countie Court THis Court was ordained for the Sherife to hold Plea there for particular or priuate matters vnder fortie shillings betweene partie and partie And this Court may be kept at any place within the Countie at the pleasure of the Sherife except in certaine Shires To this Court all persons dwelling within the Countie doe owe suit by reason of their resiancie Also a man may hold lands to doe suit seruice to this Court The Suitors for default of appearance shall be amerced scz if they were warned by the Baylife and that there be not a sufficient number to passe vpon Issues there depending But any Suitor may doe this his suit by his Atturney The Officer of this Court is one of the Baylifes And as to all Actions suits which are there betweene partie and partie either by Plaint or Writ the Freeholders or Suitors are Iudges in this court scz to find the partie guiltie or not guiltie c. But yet all Iudgements there as wel vpon Actions and Suit by plaint as by Writ shall be pronounced by the Sherife And if the Sherife shall giue false iudgment without the assent of the suitors the Sherife shall be punished c. And so if he shall doe any other thing without the Suitors there Quaere By Plaint In this Court the Sherife may hold plea off and may examine heare and determine by way of Plaint without any Writ of Iusticies certaine smaller personall Actions as of Debts due vpon Contracts Detinue of Chattells Assumpsit Couenant Nusances taking of Cattell and deteyning them Trespasse and the like hapning made or done within their Countie if that the debt or dammages be vnder forty shillings and the plea determinable by wager of Law Also the Sherife may make repleuin of cattell or goods taken and withholdden and may hold plea thereof in this Court without any Writ Quaere if that the dammages exceed the summe of fortie shillings Plus postea But hee cannot hold plea either by Plaint nor by Writ where the offence is laid to be vi armis Neither can they hold plea heere by plaint of any Debt due by Bond or Record nor in an Account nor any Plea of Disceit Maintenance Forger of false Deeds Detinue of Charters concerning Freehold nor of any reall thing nor of any personall thing aboue fortie shillings Neither may they proceed if the freehold come in question except it be by a Iusticies This Court also is incident to the Sherife and cannot bee granted from him and the entrie of all Pleas Proceedings there are belonging to him and he is to appoint his Clerks in this Court and such as he wil answer for No plaints shall bee entred in the County Court vnlesse the plaintife be present in the Court in person or by an Atturney or Deputy knowne to be of good name And the plaintife must find pledges to pursue his pleint Also the Sherife c. shall enter but one pleint for one cause contract or trespasse The plaintif must enter his pleint by writing and in full Court sedente Curia before the Sherife or Steward c. After the pleint entered the plaintife must procure the processe of the Court scz the Sherifes warrant to be directed to the Bailife to warne the defendant to appeare at the next court c. And the Sherife must make sufficient warrant precept or processe to his Bailife to attach or warne the defendant accordingly Sub poena 40 s. Any person as well plaintife as defâ—ndant may make an Atturney to sue for him in all pleas in the county court Plus cap. 112. For the further proceedings in these pleints the businesse thereof belongeth more properly to the Steward which notwithsanding you shall find more fully in my booke at large If any Sherife or Officer shall solicite or procure any suits in thâ—s court they shall be greeuously punished If the Sherife shall make any default in not warning the defendant or other execution of his office hee is punishable Note that this County Court must be kept euery moneth vpon a day certaine that all writs of Exigent may be there proclaimed And the Coroners are to sit there with the Sherife at euery County court there to giue Iudgement vpon vtlawries which Iudgement shall bee pronounced and giuen by the Coroners in the fift County and then the Sherife is to returne the vtlawrie with the Exigent CHAP. 111. Appeales of Robbery other Felonies and of Maihem and Rape may be sued in the County Court by bill before the Sherife and any one of the Coroners BVt vpon the Appeale sued there there shall bee first found to the Sherife two sureties de Prosequendo The proceedings in such Appeales is as in Appeales in the Kings Bench scz Capias Exigent c. And as to these matters of appeale as also as to the Iudgements giuen in this Court vpon Vtlawry this County Court is as a Court of Record CHAP. 112. Processe THe Processe in the County court in all personall actions as well in a Iusticies as where the suit is by pleint is a Summons Attachment and Distringas infinite Except in Trespasse and there onely an Attachment and Distring ' infinite Also if vpon the Summons a Nihil be returned then a continuall Capias where it is by writ Quaere if a Precept by Paroll be not good enough where the suite is by Plaint Either party may be essoined which must be at the beginning After the Essoines the Plaintife must be ready at euery Court hanging the plea otherwise he shall bee adiudged Nonsuit and he and his Pledges shall be amerced If the defendant doe not appeare then vpon the baylifes returne c. Proces shall goe out against him vt supra And yet both the Plaintife and defendant may appeare by Atturny Vpon the attachment Attachmeâ— the baylife must attach the defendant by some horse pot pan or the like and the baylife may keepe that vntill the next County which goods shall be forfeit if the defendant maketh default and then a Distring ' goeth out Or the defendant may put in two Pledges or Sureties for his appearaÌ„ce at the next Court and so Repleuy his goods and then vpon his default hee and his sureties shall be
amerced c. Distring ' Vpon the Distringas the baylife must distreine the defendant by his goods which he may keepe and which shall be forfeit vpon his default vt supra But if the defendant put in pledges there must be 4. at the least And after a Distring ' infinite shall goe out till the defendant appeare Tryalls All tryalls in the County Court are vsually by Ley Gager scz by the oath of the defendant if the suit be by Pleynt Or it may be by examination of witnesses Or by prescription it may be by a Iuriâ— But if the suit be by force of a Iusticies then the triall shall be by a Iurie of twelue men If the matter be found against the defendant Ezecutionâ— then they vse to grant out a Leuari fac ' to leuy the dammages and costs c. And yet by good opinions the execution in this Court is onely by distresse and impounding or retaining the cattell vntill the party be satisfied And that the Sherife cannot sell the goods nor deliuer the distresse to the party nor any execution lyeth there against the body But to haue the Iudgements giuen in this Court to be executed by the Sherife safely the party may procure out of the Chancerie a Writ de Executione Iudicij to be directed to the Sherife c. be the suit by a Iusticies or by Pleynt without Writ And then if the Sherife will not make execution an Alias and Pluries shall goe out and after an attachment against the Sherife CHAP. 113. Of the Writs of Iusticies PLeas in this County Court are sometimes holden by force of the Kings Writ of Iusticies directed to the Sherife which writ giueth speciall power to the Sherife to hold plea in his County Court and is therefore called a Vicountiel Writ This Writ is not returneable but therein the matter shall be tryed and determined in the County Court before the Sherife by a Iury according to the course of the Common Law And the proceedings therein shall be as in a Writs originall of the like nature in the Kings Courts at Westminster And the same Proces shall bee in a Iusticies as which the suit is there by pleint scz Summons attachment and distresse but no Capias in any case And the Sherife is to make the Processe c. to his baylife The Sherife by vertue of this Writ may in his County Court hold plea of lands or other pleas reall as also of pleas personall although the debt or dammages shall be aboue 40. s. to any summe whatsoeuer And though the freehold shall come in question where the suite is by a Iusticies yet this Court shall not surcease Where the Plea is by a Iusticies it seemeth that the High Sherife must or should sit in person to heare and determine the matter and yet the suitors are Iudges of the cause vt supra Where a Iusticies shall be sued before the Sherife onely and What Writs be Viscontiel scz triable in the County or Sherifes Court 1 Iusticies de Accompt 2 Admeasurement de Dower 3 Admeasurement de Pasture 4 Annuity 5 Assise de petite Nusance 6 Curia claudenda 7 Customes and seruices 8 Debt 9 Detinue 10 Dower vnde nihil habet 11 Droit Patent 12 Droit de Gard. 13 Homine Replegiando 14 Breue de Mesne 15 Natiuo habendo 16 Plegijs acquietandis 17 Quarentine 18 Quod permittat 19 Rationabil ' diuisis 20 Repleuin de biens 21 Secta ad Molendinum 22 Trespasse The Writ de Recaption may also be sued in the County Court but this must be before the Sherife and Coroners But note where the Plea is holden in the County Court by a Iusticies yet the same may bee remooued into the Court of Common Pleas. CHAP. 114. The Sherifes authority in making Repleuins VVHeresoeuer any mans beasts or other goods be taken and wrongfully withholden the owner of the goods may at his election sue a Repleuin by Writ or by Pleynt And the Sherife hath power to make Repleuy and to deliuer the cattell or goods in both cases The Sherife or his Vndersherife Per Pleint or any of his Deputies in the Country vpon complaint of beasts c. taken and withholden may presently make Repleuin thereof out of his Court yea in all places and may deliuer them And the Sherife may command his baylife either by writing or word to make deliuerance thereof But the Sherife or baylife c. must first come to the place where the cattel c. are deteyned and to demand both the view of them and to haue them deliuered When the Officer hath gotten the view of the cattell he shall presently deliuer them and shall giue day to both parties to appeare at the next County Court c. Yet before deliuerance thereof the Sherife or Officer must take Pledges scz sufficient security of the owner of the cattell Tam de prosequendo quam de Returno habendo c. hic ca. 45. or els the Sherife may be charged for the price of the cattell if returne be awarded This security most commonly is vsed to be by a bond of ten pound at the least with condition for his appearance at the next County Court and there to prosecute his suit with effect against the other for taking and withholding of the said cattell and to make returne thereof if returne shall be so adiudged c. If the beasts were taken within a Liberty and the baylife of the Liberty will not deliuer them vpon the Sherifs precept The Sherife must enter and deliuer them If the beasts be put into a Castle House Parke or Close c. the Sherif or his Officer may take Posse Comitatus if need be and shall beat downe the Castle c. and deliuer the beasts But yet the Officer must first come to the place where the cattell are so deteined and there demand the view of them and to haue them deliuered vt supra and whether any be present or no if they were warned then the Sherife may execute the Law as aforesaid If any other disturbance therein be made to the Sherife or his Officer they may take Posse Comitatus to make deliuerance The Sherife may not breake a close or hedge to make a Repleuy where there is a gate except the gate be locked vp c. Note where the Repleuin is by pleynt in the County Court it shall not proceede if any thing touching the freehold come in question Per Breue Also vpon a Writ scz a Iusticies directed and deliuered to the Sherife to make deliuerance of a distresse the Sherife or Officer after sureties taken de Prosequendo de Returno habendo as aforesaid must goe to the pound or place where the cattell be and demand the view c. vt supra and then shall deliuer them And the Officer shall also attach the defendant by his goods to appeare at the next County Court to answer to the Plaintife