c. Note that the Kings Suits shall bee preferred and his debts shall bee first payd But for the kings Debts the Sherife is not chargeable or accomptable neither may he distreine for or otherwise leuy the same without Proces or other warrant CHAP. 11. Issues THe word Issues in our Law seemeth to be taken three wayes or in three manners to this our purpose 1 First For the Issues and profits of lands or tenements as where the King is entituled to haue the Lands or profits of lands of persons attainted or outlawed or for alienation without Licence or in mortmaine for a condition broken or the like whereof postea 2 Secondly For such Issues profits of the Countie which goe vnder the name of Viscountiels whereof hic Cap. 3. hic postea 3 Thirdly For Issues to be lost for default of apparance scz by Iurors or by the Tenant or Defendant c. of which here For this last sort these Issues are sometimes set by the Court as an Amerciament fine forfeiture paine or punishment for default of appearance of Iurors Mainpernors or Pledges and sometimes of Witnesses And these Issues or profits thus growing due to the King are to be leuied by the Sherife c. Sometimes these Issues are set and returned by the Sherife to the end to cause an appearance of Iurors of the Tenant and Defendant and these also are to be leuied by the Sherife to the Kings vse Sometimes the lands themselues shal be seised by the Sherife into the Kings hands for default of appearance of the Tenant in a reall Action as in a grand Cape or a petite Cape And in these and the like cases where by Writ the land is seised into the Kings hands the King shall haue the lands to his owne vse and the Sherife shall bee charged with the Issues and profits of the said Lands from the time that the Lands were so seised by him c. Vide hic Cap. 62. What is contained vnder the name of Issues See Cap. 89. How much the Sherife must return in issues vpon the Defendant or Tenant see Ibidem What Issues he must returne vpon Iurors Cap. 90. Vpon whom and what lands such Issues shall be leuied Ibidem If the Sherife shall returne a Iuror in issues who is not sufficient the Sherife is punishable Ibidem So if the Sherife shall returne any issues vpon any Iuror or hundred or which was not lawfully summoned Ibidem Issues If the Sherife shall returne the Issues of any Recognisance Pledge or Mainpernor which at the time of the Return was not sufficient to answer the said Issues and amerciaments the Sherife shall bee charged there in the Exchequer For all manner of Issues and profits of the Countie which runne vnder the name of Viscountiels the Sherife so soone as hee is made Sherife is accountable for the same yet in a summe in grosse But for other Issues lost for default of appearance the Sherif is not accountable nor shall bee charged therewith vntill they shall be estreated vnder the Seale of the Exchequer and that the same estreats shall be deliuered to him Neither may the Sherife leuie the same without such Warrant If such Issues lost for default of apparance shall be returned by the Sherif vpon any man the partie hath no remedie be the Issues neuer so great Now for the first sort scz for the profits of lands after the death of the Kings Tenant in Capite and an Office found the King shall haue Primer Seisin scz the Issues and profits of all their lands from the time of the death of his Tenant Hic Cap. 6. Also the King shall haue the Issues and profits of the lands of such his Tenant aliening without licence scz from the time of the Office found the Kings Tenant who getteth Liuerie out of the Kings hands wrongfully shall answer the Issues behind c. Where the King enters for a Condition broken or for a Mortmaine c. the King shall be answered of the measure Issues and profits of those lands scz from the time of the kings title first accrued And of the Issues of the lands of felons Fugitiues and Outlawes c. scz from the time of the Attainder c. Hic Cap. 14. And so in all these cases the King shall bee answered of all the Issues of the lands after an office thereof found but before an Office found the Sherife or Escheator is not to meddle Hic Cap. 6. An Abator shall bee charged and not the heire for his time If such lands whereof the King is to haue the meane issues or profits shal be in diuers mens hands after the kings title accrued euerie of them shal answer for his time Issues lost for default of appearance either by the tenāt or in any other case of a Distresse infinite as in case of Iurors after a venire fac the Sherife vpon the Estreats out of the Eschequor c. may leuie the same vpon the lands in the hands of the delinquent of his wife of his heire in Tayle of his Successor of his Lessee or farmour of him in reuersion of the purchaser yea in the hands of a stranger whose beasts are their leuant and couehant And vpon these Estreates the Sherife is to leuy and gather vp accordingly these Issues and to bring them into the Eschequor and there to account for them If any Officer c. shall collect or leuie any Issues Estreated to him of any other than of the right person charged by the Estreate with the payment of the said issues they shall bee punished Plus hic Cap. 89. 90. CHAP. 12 13. Amerciaments and Fines AN Amerciament is properly a penalty assessed vpon an Offendor by his equals pro pares scz by the Country vpon Oath or assessed by the Court vpon some Officer of the Court. A Fyne hath diuers significations but to this purpose a Fyne is most commonly taken for a summe of money which is set or assessed vpon an Offendor in some Court of Record by the Court or Iudge there for some contempt or offence and which the offendor doth giue for and in satisfaction of his offence default or contempt Againe that which is assessed by the Court vpon an Officer of the Court for misdemeanor is called an Amerciament Royall But being assessed vpon an Estranger for misdemeanour it is called a Fyne All Amerciaments and Fynes for misdemeanors contempts defaults or other Offence set or assessed vpon any Offendor in any of the Kings Courts the Sherife vpon Processe or Estreats out of the Eschequer c. is to gather vp the same and to account for the same in the Eschequer Those Estreats must rehearse and shew the cause of the Amerciaments c. See hic cap. 90. What persons and for what causes men shall be amercied see my booke at large hic cap. 115. Such lands and such persons as are chargeable or lyable to the paiment of Issues shall also bee
by the common Law the Sherife is a principall conseruator of the peace and therefore vpon request to him made he may cause another to finde suerties for the peace and may take the same suertie by Recognisance and that ex Officio Yea the Sherife may apprehend arrest and commit to prison all Affrayors and such others as shall in any sort breake or attempt to breake the peace in his presence and within his Countie and may cause them to finde sureties for the peace But yet a Sherife ought not to execute the office of a Iustice of peace in the same Countie by force of any commission of the peace during the time that he is Sherife Also euery Sherife by vertue of his Office may take Posse Comitatus in these cases following scz When any of the Kings enemies shall inuade the land When any rebellion insurrection or ryot c. shall be To pursue apprehend and imprison Traitors Murderers Robbers and other Felons and that as well within Franchises or Liberties as without To execute the Processe and Warrants of the King and of his Iustices Plus hic cap. 95. Also vpon notice of any ryot vnlawfull assemblie Affray or other offence against the Peace the Sherife ought to raise the power of the Countie if need be to apprehend and imprison such malefactors They may arrest and commit to the Gaole all persons by them suspected which be vagrant or which shal walke by night or day and be of euill name or fame And it seemeth they may bind ouer such persons with Sureties by Recognisance to the next Sessions or Gaole deliuerie They may arrest and commit to the Gaole all such as goe or ride armed offensiuely scz in affray of the Kings People and may take away their Armour to the Kings vse and prcise the same by the oathes of some present If any Subiects Purueyour or Cator shall take any mans goods or any carriage against the ownors will the Sherife vpon request and notice thereof is to arrest and imprison the offendors c. sub poena 20. li. The Sherife or Vnder-sherife sub poena 100. li. must ioyne with the Iustices of peace 1 To arrest and imprison Ryoters c. 2 To record the Ryot in writing 3 To enquire thereof by a Iurie if they were gone before the comming of the Iustices and Sherife 4 And to certifie the King and his Coâ—ncell thereof if the truth cannot be found vpon such enquirie 5 If the truth thereof cannot bee found by reason of any maintenance they must also certifie the names of such maintainers and their misdemeanors sub poena 20. li. If any persons shall make resistance or disturbance to the Sherife or his Officers in the execution of the Kings Proces it seemeth the sherife may presently imprison such Resisters Sherifes may baile prisoners in diuers cases Hic cap. 96. Sherifes also haue the keeping and the Cognisance and the correction of the Assises of bread and ale and of false weights and measures and may enquire thereof in their Tourne and may adiudge them to bodily punishment See plus hic postea tit Torne ca. 109. Also in the execution of some Writs as in a Writ of Redisseisin in a Writ to enquire of Wast and in a Writ of admesurement c. the Sherife is both a Iudge and an Officer and so hath a twofold authoritie scz As a Iudge to hold plea of the matter to examine it to giue iudgement and in some cases to commit to prison yea and to make out Processe against the offendors As an Officer to execute the Processe and to retorne the same But this iudiciall or absolute power the Sherife cannot grant it ouer neither may he execute it by his Vnder-sherife or other Deputie as it seemeth but must sit and execute it in person although it be within a Franchise CHAP. 5. The ministeriall Office consisteth principally in these things following 1. TRuly to keepe the Kings rights of his Crowne within his Countie scz the Kings Lands Franchises suits c. Cap. 6 7 8. 2 To gather the profits and monies due to the King within the Countie Cap. 9 c. 3 To seise to the Kings vse the goods of Felons Fugitiues persons outlawed treasure troue waifed goods wrecks c. Cap. 14 c. 4 To execute returne all writs commandements directed to him from any of the Kings Courts Cap. 20 c. Note that whatsoeuer the Sherife shall doe in these former businesses Virtute Breuis scz by vertue of the Kings Writ or other Warrant from the Kings Courts is warrantable But what he shal do virtute or colore officij is not always excusable or so safe 5 To impanell Iuries and returne them Cap. 85 c. 6 To be attendant vpon the Iudges in their Circuits c. Cap. 98. 7 To assist the Iustices of peace and to execute their Precepts Cap. 99. 8 To execute the Precepts of other Commissioners Cap. 100. 9 To execute the Precepts of Eschetors and Coroners cap. 100. 10 To assist the Ordinaire in suppressing heresies Ibidem 11 Duly to keepe his Courts scz His Tourne Cap. 106. His Countie Court Cap. 110. 12 To proclaime certaine Statutes c. Cap. 102. CHAP. 6. FIrst The Sherife by his Oath is truly to keepe the Kings Rights scz that they be not decreased cancelled or withdrawne be it in his lands franchises suits or other things Concerning the Kings Lands In antient times Sherifes in their Tornes did enquire of alienations in Mortmaine and of alienations by the Kings Tenants without Licence and in such cases the sherife might haue seised the lands so aliened to the Kings vse as lands forfeited or escheated At this day where any man shall encroach vpon the Kings lands or vpon the Kings Highway or shall leuie or make any house or building wall or hedge c. vpon the Kings land or highway Or shall make any inclosure thereof these are purprestures and to be enquired of and reformed by the sherife in his Torne and they may be seised by the sherife into the Kings hands or may bee pulled downe c. Hic Cap. 107. Where without any offence found or other matter of Record there is a possession in Law vested in the King of any lands c. scz where the Freehold is cast vpon him in law there it seemeth the Sherife or Escheator ex Officio may seise and take the Issues and profits of the same lands to the Kings vse making account for the same As where any lands c. shall come to the King by discent Remainder or Reuerter Also the Kings Officer may seise these things following as Royalties belonging to the King by his Prerogatiue or otherwise comming to the King or Crowne by escheat or forfeiture and to answer the issues and profits thereof c. As First the lands and profits of the lands of aliens within their Countie The lands and profits of such lands as come to the
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
chargeable to all Amerciaments and Fynes assessed in anie of the Kings Courts whereof see hic antea cap. 11. But Sherifes shall not bee charged with nor accomptable for any amerciaments issues or fynes other than those for which they shall haue warrant to leuy vnder the Seale of the Eschequer Neither are they to gather or leuy any amerciaments issues or Fines vntill they haue receiued such warrant or Estreat vnder the seale of the Eschequer The king shall haue all Amerciaments Fynes Issues and forfeitures lost or forfeited before any of his Iudges or Iustices in any of their Courts or Sessions Or forfeited in the Courts of Eschequer of Wards or of the Dutchy or before the Steward of the kings House the Commissioners of Sewers and the Clarke of the market c. but these must bee first Estreated into the Exchequer and from thence processe goeth out to the Sherife to leuy the same as aforesaid And those Estreats shall mention how much euery one is to pay and by those Estreats the Sherife is to receiue the kings debts and these issues fynes and amerciaments and to make acquittances or tayles thereof to the parties and thereof to acquit the Debtors at his next accompt Hic cap. 10 90. And yet note that the Estreates of the Iustices of Peace be an immediate warrant for the Sherife to leuy not only the Fynes and Amerciaments but also all other issues and forfeitures whatsoeuer arising before them Hic 125. The King shall haue all Amerciaments fines issues and forfeitures forfeited in any of the Sherifes Courts within Wales and the Sherifes of Wales shall accompt for the same but not so of other Sherifes in England By the Statutes of 2. 3. E. 6. cap. 34. it appeareth that Sherifes shall bee accomptable for all Fynes for Alienations and Intrusions made by the Kings Tenants c. within their Countie as well as for Fines imposed vpon Offendors And for such Alienation or Intrusion after an Office thereof found and processe out of the Eschequer receiued the Sherife or Escheator may seise the lands for the fine CHAP. 14. Forfeitures VVHere the Sherife may seize the Lands Lands or profits of the lands of persons attainted for Treason or felony c. See hic cap. 6 For misprision or concealing of Treason the offender being attainted shall forfeit to the King the profits of his lands c. during his life In case of Praemunire the Offendor shal forfeit his fee simple lands for euer and the profits of his intayled lands during his life Felons condemned or which be fugitiues the king shall haue the meane profits of their freehold lands from the time of the felony committed vntill an Office c. found for the king and the yeare and day next after the Office found And yet by some opinions the king shall haue the profits of their lands but for the yeare and day after their attainder For pettie Treason or felony the King shall haue the profits of their lands intailed during the Offendors life So if Tenant in Dower tenant by the Curtesie or Tenant for life commits felony c. the king shall haue the Escheat but during his life Where the person attainted is seised in right of his wife the king shall haue the profits of such lands during the husband and wifes life Of Lease for life or yeares he forfeits the Terme And in these cases the Officer may seise the profits of such lands to the vse of the king See hic cap. 6. But in cases of Heresie Coniuration Witchcraft Sodomie and the like there shall be no forfeiture of lands for that the offences be spirituall Goods All goods and chattells reall and personall mooueable and vnmooueable of persons attainted for treason felony misprision or Praemunire or for heresie coniuration or witchcraft c. shall be forfeit to the king scz all such goods as they shall haue at the time of their attainder And these the Sherife or other Officer may seise ex officio And in these and all other forfeitures the Towne is chargeable with the goods and therefore they also may seise them wheresoeuer they be It seemeth by Master Glanuile That in his time for theft the Sherife himselfe had the felons goods which were forfeited to his owne vse But now the Statute de Praerog Regis cap. 16. giueth all felons goods to the king the words whereof are Rex habebit omnia catalla felonum dampnatorum fugitiuorum c And vnder this word Catalla bee comprehended Leases for yeares the issues of lands and tenements corne growing debts due by obligation Statutes or Recognizances or vpon an accompt goods wrongfully taken from the felon and stollen goods and Debts due vpon a simple contract c. An obligation made to two or two possest of a horse oxe or other entier chattell and the one of them is attainted the king shall haue the whole debt due vpon the obligation as also the horse or oxe c But note that alwayes when any forfeiture is of any selons goods it ought to appeare of Record Neiâ—her may the Sherife or other Officer seise the goods of any person imprisoned or indicted for felony before he be attainted of the same but yet the Officer may cause suretie presently vpon the taking of the felon to be giuen that the goods be not imbeazeled c. and for want of Suretie the Officer may seise them and may preise them and deliuer them to some of the neighbours of the towne where the goods are by them safely to be kept vntill the Offendor bee conuicted or acquited yeelding to the felon reasonable maintenance thereout for himselfe and his family so long as he shall bee in prison Also where one is found guilty before the Coroner of the death of another or where it is found before the Coroner that one did flye for felony in these cases the Officer may presently seise vpon their goods without any conuiction And if a man shall flye for felony though his goods be not thereby presently forfeited yet the Sherife may seise his goods and the profits of his lands to the kings vse vntill the fugitiue shall be attainted or acquited Vpon a fugam fecit presented before the Coroner the goods ought presently to be seised by the Sherife or his Officers and praised by an Enquest and the Sherife shall cause the appreisement to be entred and inrolled in the Coroners Roll and shall then deliuer the goods to the Towne c. who shall be answerable to the king for the same But for the issues and profits of the lands of felons and fugitiues the Sherife is chargeable therewith and not the Towne and the Sherife shall seise them into the kings hands without taking any Enquest A man arraigned for felony stands mute or challenges aboue 35 without cause he shall forfeit his goods A Clerke conuict and a Clarke attaint shall forfeit their goods A man abiures before the Coroner
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
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
demeanings in making of Pannels other vntrue returnes or for taking of bribes or vndue fees c. 3. H. 7. cap. 1. Also Sherifes in diuers of these and other cases shall not onely be fined or amerced but also shall be liable to the action of the parties grieued for things misdone or not done by them or by their Officers for which in part I referre you to my booke at large Solo Deo gloria Minimis Deus Magnus FINIS A Table of the Contents of euery Chapter Sherifes THeir Name Antiquity and Charge Cap. 1 What they must first doe scz 1 Enter Recognisances Cap. 2. 2 Procure their Patents Cap. 2. 3 Take their oathes Cap. 2. 4 Take from the old Sherife all prisoners and Writs by Indenture Cap. 2. 5 In full County must reade his Patents and name his Deputies Cap. 2. Must not be aboue one yeare Cap. 3. Nor be againe within three yeares Cap. 3. Must bee resident in their Countie Cap. 3. Must not let their Office Cap. 3. Their power out of their County Cap. 3. Their authority absolute Cap. 4 Their authority Ministeriall Cap. 5 Their Ministeriall Office 1 To keepe the Kings Rights scz His Lands Cap. 6 His Franchises Cap. 7 His Suits Cap. 8 His Rents Cap. 9 2 To gather for the King His debts Cap. 10 His issues Cap. 11 His amerciaments Cap. 12 His Fynes Cap. 13 3 To seise for the King the lands and goods of Felons Cap. 14 Goods wayued of Outlawes c. Cap. 15 Treasure Troue c. Cap. 16 The profits of the lands of Wards Cap. 17 Escheats Cap. 18 Ideots Cap. 19 4 To execute all Proces Cap. 20 By himselfe or his Officers Cap. 21 Where he is to take notice of the Law Cap. 21 What persons may not be arrested Cap. 21.29 The Officers duty therein Cap. 22 Warrants vpon meane Proces Cap. 23 How he shall make execution vpon a Statute Merchant Cap. 24 Execution vpon a Statute Staple Cap. 25 What lands be extendable Cap. 26 Execution vpon a Recogn Cap. 27 Vpon an Elegit Cap. 28 Vpon a Capias ad Satisfac ' Cap. 29 Vpon a Leuari fac ' ib. Vpon a Fieri fac ' Cap. 30 How he is to execute Proces scz Summons Cap. 31 Attachment Cap. 32 Capias ad respond ' Cap. 33 Venire facias Cap. 34 Distringas Cap. 35 5 To returne all Writs and the formes thereof Cap. 36 Punished for his returne Cap. 37 Making no returne Cap. 38 Returnes Mandaui balliuo c. Cap. 39.53 Where the Sherife may enter the Franchise Cap. 40 Returne of Writs More concerning the forme Cap. 41.45 Auerment against it Cap. 42 Where of the force of an Inditement Cap. 43 Concludes not the new Sherife Cap. 44 Where the Sherife is a party ibid. Returne of particular Writs c. Summons of the Assises Cap. 46 Summons of the Sessions Cap. 47 Accedas ad Curiam Cap. 48 Admeasurement Cap. 49 Annuity Cap. 50 Assise de nouel diss ibid. Atteynt Cap. 51 Attachment Cap. 52 Capias ad respond ' Cap. 53 Capias ad satisfac ' Cap. 54 Capias vtlagatum ibid. Capias ad valentiam Cap. 55 Couenant ibid. Certiorare Cap. 81 Corpus cum causa Cap. 63 Debt Cap. 56 Detinue ibid. Distring ' Le defend ' 56 Iurat ' Cap. 78 Dower Cap. 56 Droit ibid. Aetate probanda Cap. 57 Eiectione firmae ibid. Elegendi milit ' Parliamenti Cap. 66 Elegit Cap. 58 Estreapement ibid. Extent sur Recogn ' c. ibid. Exigent Cap. 59 Falso Iudicio Cap. 60 Fieri Facias Cap. 61 Formedon ibid. Garrantie de Charters Cap. 62 Gard. ibid. Grand Cape ibid. Grand Distresse Cap. 35 Habeas Corpus Cap. 63 Habere fac ' seisinam Cap. 56. 63 Habere fac ' visum Cap. 56. 63 Homine Repleg ' Cap. 63 Inquisitions and their forme Cap. 58. 64 Inquirend ' de Dampnis Cap. 56.77 Leuari facias Cap. 65 Libertate ibid. Lattitat ibid. Mesne Cap. 66 Milit ' Parliam Elig ' Cap. 66 Partitione Cap. 68 Praemunire Cap. 69 Praecipe quod reddat Cap. 70 Proprietate probanda Cap. 70 Proclam ' de Summons ibid. Pone ibid. Quare Impedit Cap. 71 Recordare fac ' Loquel ' Cap. 72 Redisseisin Cap. 93 Repleuin Cap. 73 Sur Retorno habend ' ibid. Scire facias Cap. 75 Secunda superoneratione Cap. 76 Trespasse Cap. 77 Venditione exponas Cap. 82. 61 Venire facias Cap. 78 Habeas corpus Iurat ' Cap. 78 Distring ' Iurator ' ibid. Waste Cap. 79 Withernam Cap. 80 Returnes al Chancery Cap. 81 Al Eschequer Cap. 82 Before Iustices of Peace Cap. 84 Returne of Iuries Cap. 85 Iurors their number Cap. 86 Their sufficiencie Cap. 87 Returne of issues Vpon the tenant or defendant Cap. 89 Vpon Iurors Cap. 90 What lands lyable thereto Cap. 91 Knights for the Parliament their chusing and returne Cap. 92 Where the Sherife c. may breake open an house c. Cap. 94 Where the Sherife c. may take Posse Comitatus Cap. 95 Baylement of Prisoners by the Sherife Cap. 96 Forme of such their bond Cap. 97 Their attendance vpon the Iudges of Assise Cap. 98 They must assist Iustices of Peace Cap. 99 They are to execute the precepts of others Cap. 100 Proclam ' to bee made by them Cap. 102 Their Courts scz Their Tourne Cap. 106 Things inquired there Cap. 107 Their Indictments must be deliuered to the Iustices Cap. 1â— Their authority in their Turne at tâ— day Cap. 1â— The County Court Cap. 11â— Appeales sued there Cap. 11â— Their Proces and proceedings therâ— Cap. 11 Writs of Iusticies and their proceeding thereupon Cap. 11â— The Sherifes authority in making Repleuies Cap. 114 The authority of the County Court c Cap. 115 Knights of the Parliament Coroners and Verderers to be chosen there Cap. 116 Iudgement vpon Vtlawries to bee pronounced there ibid. Proclamations to be made there ibid. The Sherifes Officers Cap. 117. c. Baylifes of Hundreds Cap. 120 Baylifes of Franchises Cap. 121 Gaolers Cap. 123 Sherifes their fees Cap. 124 Their Accompt Cap. 125 Their dangers Cap. 129 FINIS
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
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
Collection thereof ibidem Commorans in alio Comitat ' Infranom ' I.L. est Vic' Com. E. Et est commorans in dicto Comitatu E Et non est inuentus in Balliua mea De vendition ' exponas Baron ' infrascr ' certifico Quod illa centum Oues in hoc breue specific ' vendition ' exponere non potui eo quod adhuc remanet in manus infranom ' E.L. nuper Vic' Com' Cantabr ' nunquam mihi praefat ' nunc Vic ' adhuc per praefatum nuper Vic' deliber ' fuer ' A.B. Armig ' Vic ' Aliter Virtute istius breuis mihi directi de die in diem vendit ' exposui illa bona catalla ad valenc ' C.s. residuum de 8. li. quae nuper de bonis catallis terris tenement ' I.S. infranom ' cepi inde vendidi ad valenc ' 40 s Quos quidem 40 s ad dieÌ„ locum infracont ' parat ' habeo ad reddend ' c. prout interius mihi praecipitur Et residuum bonor ' catallor ' praed ' adhuc penes me remanent inuendit ' pro defectu emptorum CHAP. 84. The Sherifes Returne vpon a precept from Iustices of Peace to Enquire of a Riot or Forcible entrie c. VIrtute istius Praecepti mihi directi venire feci coram Iustic infrascriptis ad diem locum infracont 24. probos sufficientes legales homines de balliua mea prout interius mihi praecipitur Residuum executionis istius praecepti patet in quadam schedula huic warranto annex ' A.B. Armig ' Vic' Cantabr Nomina Iurator ' ad inquirend ' pro Domino Rege de quibusdam ill citis aggregationibus riottis Schedula c. apud Abb ' magna commissis Summon ' ad essend coram Iustic ' Domini Regis apud Linton in Comit ' praed ' tali die anno secund ' exigenc ' cuiusdam warranti huic schedulae annex ' And then vnderneath write downe the names of the twentie foure thus Et sic de caeteris ad uumerum 24. T.B. de Lynton R.B. de eadem I.P. de H. Quilibet Iurator ' praedict ' separatim per se attachiatus est per pleg ' Ioh. Doo Rich. Roo Exitus eorum cuiuslibet xx s A.B. Arm ' Vic' CHAP. 85. Returne of Iuries IVries are of two sorts scz for Enquiry or Triall For Enquiry For Inquirie the Sherife vpon the precept of the Iustices is to summon and to returne the grand Iuries to the Assises or Gaole deliuery and to the Quarter Sessions c. Hic ca. 46 47. Hee is likewise to summon and returne Iuries for Enquiry before the Iustices of peace at their priuate Sessions hic cap. 84. as also before other commissioners before Escheators Coroners and Clerks of the Markets vpon their seuerall Precepts directed to him for that purpose Hic Cap. 83. 100. Iuries for triall For Triall betweene party and partie the Sherife likewise vpon the Kings writ is to summon them and to returne the pannell of their names at the day and place in the Writ limited together with the Writ And for these Iuries for tryalls the Sherife ought to make their Pannels so as that the parties may haue Coppies thereof before their triall And these coppies of Pannells shal be indented and deliuered to the parties vpon demand before the sitting of the Iustices Baylifes of Liberties must returne to the Sherife the names of persons by them impannelled eight dayes before the Assises c. The Sherife is to summon warne or distreme all such persons as he mindeth to returne vpon any Iury either for enquiry or triall And if the Sherife shall returne any Iuror not lawfully summoned c. the Sherife is punishable So if the Sherife shall summon c. any Iuror and shall not returne him he is punishable None are to be put vpon any Iury but such onely as were summoned to the same at the first And yet Pannells returned before Iustices of Gaole deliuery or before Iustices of Peace in their open Sessions for Enquiry may be reformed by the Iustices And the Sherife ought to returne the Pannels so reformed And so of Pannels for tryall vpon a Tales de Circumstantibus granted by the Iustices c. Also Iurors aswell for Enquiry as fortriall shall be returned by the Sherife without any denomination of any person whatsoeuer other then the Sherifs sworne Officers c. And the High Sherife by his oath must make the Pannels himselfe Now what manner of persons Iurors for Tryalls shall be 1 First they must bee Probi Legales homines Probi scz such as are not discredited or disabled in their credits in law by attainder in conspiracie in atteynt Decies tantum periurie subornation of periury concealement or such like Legales scz such as are not vtlawed abiured condemned in a Praemunire or atteynted of treason or felony 2 They must be such as are neighbors sufficient not suspected nor labored 3. They must also be Liberi scz Freeholders Except where an Alien is a party there the one halfe of the Enquest shall be of Aliens though they haue no land or in some few other cases But the Sherife ought not to returne vpon any Iury any Baron of the Parliament Nor any of the Clergy though they haue Lay fee. Nor tenants in ancient Demesne except they haue other lands Nor Officers of the Forrest Nor any of the Coroners of the Countie Nor any of the Officers or seruants belonging to any Sherife Vndersherife Coroner Steward of Franchise or Gaoler Nor any person being aboue the age of lxx Nor any person decrepit Nor any persons diseased at the time of their Summons Nor any Enfant vnder the age of xxj Nor any person dwelling out of the County Nor any person hauing a Charter of Exemption if he shall shew the same to the Sherife Nor any Alien except where an Alien is party to the suite Nor any person which is of kindred to either partie Plaintife or defendant Nor he which is a seruant or hath a yearely fee of either party Nor he which is within the distresse of eithâ—â— party Nor he which maintaineth either party in the same suite Where a Peere of the Realme is party to the action there must bee two Knights at the least returned of the Iury. Also vpon triall of any issue the Sherife must returne in euery Pannell vpon the venire fac ' Sixe Hundredors scz Sixe sufficient persons of the Hundred where the land in controuersie lyeth or where the fact is supposed to be done The Sherife shall returne no Iuror without a true Addition Addition of his dwelling place or some other Addition by which he may be knowne And baylifes of Liberties shall deliuer vnto the Sherife vnder their hands the names of all such persons within their Liberty as are meete to be Iurors with the true addition of their dwelling place
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