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
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
attend it wholly They are vsually to be nominated yearely by the Lords c. and after are appointed by the King Their election or nomination shall be yerely in the morrow after Al Souls at the Exchequer This Office is determinable Determinable at the Kings pleasure But it cannot bee determined or apportioned as for one Towne or Hundred or other part of the Shire but must continue entire for the whole Countie except where any Town is made a Countie of it selfe and hath a Sherife within the same Towne c. Neither can this Office bee determined nor any part thereof vntill a new Sherife be made except by death of the King or of the Sherife Neither may the Sherife be abridged of any thing incident or belonging to his Office CHAP. 2. THe new elect Sherife at his entrance into his Office must first by himselfe or his Deputie enter Recognisance with sufficient sureties in the Exchequer in the Kings Remembrancers Office there before hee receiues his Patent 1. Must entâ— RecognÌ„ or exerciseth any part of his Office sub poena a hundred pounds The forme of the Condition of which Recognisance you may see hic Cap. 125. Next he must procure his Patents 2. Must prâ—cure his Patents from one of the Clerkes of the Chancerie scz The Patent of his Office whereby the custodie of the Countie is committed to him The Patent of Assistance whereby all the Kings Subiects within that Countie are commanded to be ayding to him He must also procure a writ of discharge to the old Sherife to discharge him out of his Office the which would be deliuered with speed for vntill that be deliuered to the old Sherife he may still doe execution of all Processe or other thing belonging to his Office 3 Must take his Oathes Also the new Sherife before he meddles in his Office must take two corporall Oathes The one to the Kings supremacie The other concerning the due execution of his office These Oathes may bee taken before one of the Iudges of the Assises of that Countie or before a Master of the Chancerie or else before Commissioners in the Countrie by a Dedimus potestatem The retorne whereof see hic Chap. 81. But vntill the new Sherife hath taken these oaths hee may not intermeddle in his office If he shall exercise his Office before he hath taken both these Oaths he is fineable in the Star-Chamber So if he shall not performe his oath concerning his office in euery behalfe he is fineable as aforesaid besides it is periurie The parts of his Oath concerning his Office are these First Truly to keepe the Kings rights of his Crowne scz his Lands rents franchises suits c. Secondly Not to respite the K. debs Thirdly to doe right to all in all things belonging to his Office Fourthly to acquite at the Exchequer the Kings Debtors hee hauing receiued their debt Fiftly truly to serue and returne all Writs Sixtly Nota. Not to haue to his Vndersherife any of the Sherifes Clerks of the yeare last past Seuenthly to take no Baylifes but such as he will answer for and such as be true and sufficient in the Countie Eightly To make each of his Baylifes be sworne for the true execution of their Office Ninthly to receiue no writ vnsealed Nor any sealed but by justices hauing authoritie c. 10 To suppresse Heresies called Lollaries and to assist the Ordinarie therein See hic Cap. 100. 11 To bee resident in his Countie except by licence 12 Not let to farme his Sherifwick nor any Bailiwicke 13 To set and returne reasonable and due issues after the estate of the parties Nota. 14 To make the Pannels himselfe and of persons dwelling neere sufficient and not suspect nor procured 15 To execute the Statutes of Winchester and of Vagabonds Now concerning the statute of Winchester the Sherife 1 First is to proclaime the same statute in euerie Hundred of his countie and in euerie Market towne by his Baylifes foure times in the yeare yet this seemeth now little in vse 2 He is to keepe horses and armor to follow hue and crie 3 If any suspected persons shall be taken vpon Hue and crie or by the Constables or townesmen vpon their Watches by night or by day and shall be deliuered to the Sherif he is to inroll the same and to commit them vntill the comming of the Iustices of Gaole deliuerie and in the meane time the Sherife is to enquire of the offendour by a Iurie whose presentment therein he must return before the said Iustices with the bodies of the offendors But now these Offendors are dealt withall by the Iustices of peace at the Sessions and therefore the Sherife not troubled with them as it seemeth otherwise than by enquirie in their Torne which see hic postea Cap. 107. But concerning the Statutes of Vagabonds I see not what the Sherife is to doe by vertue of his Oath or Office by any Statute now in force in that behalfe saue only to arrest commit them as suspected persons Hic cap. 4. The Sherife also is to take the Oath of Allegiance whensoeuer it shall bee lawfully tendred to him The new Sherife at or before his first Countie Court 4 Must take all prisoners and Writs or vpon the writ of discharge deliuered to his predecessors must take ouer from the old Sherife all his prisoners which are in the Gaole by their names and all his writs precisely by view and by Indenture to be made betweene the old Sherife and the new These Indentures must contain and expresse 1 All the causes which the old Sherife hath against euerie prisoner at the perill of the old Sherife with the prisoners names 2 All Writs with the names of the Plaintifes and of the Defendants and the dayes of the Retorne For the new Sherife shall bee charged onely with such prisoners and with such causes or Executions wherof he shall haue notice giuen him from the old Sherife The new Sherife is not bound to receiue any prisoner from the old Sherife but onely at the Gaole And yet if the new Sherife shall receiue the prisoner out of the Gaole the old sherife is discharged by such deliuerie and receiuing of the prisoner Also the new Sherife may compell the old Sherife to make deliuery by Indentures of all prisoners and of all executions against them and yet if the new Sherife will receiue them otherwise it sufficeth But where the old Sherife shall happen to die during the time of his Office there without deliuerie or notice the new Sherife is chargeable presently with all prisoners is also to take notice of all Writs in the hands of his predecessor c. and of the Contents thereof and of all prisoners and the causes of their commitment as it seemeth The form of the Indentures for seting ouer prisoners and writs between two Sherifes see in my booke at large Note that by the death of the king or
is a Suite Royall and due by reason of Resiancy within the County And therefore as the sherife by his oath standeth bound to keepe the kings suits So inclusiue hee standeth bound duely to keepe his said two Courts and to see that all Suitors belonging to the same Courts giue their attendance and doe their suit and seruice there Besides the sherifes Torne is principally to cause euery man to appeare there in person to do their Allegeance to the King and there to bee sworne the Kings Liegemen And the sherife there also is to enquire of things pertaining to the King and Common-wealth and to preserue diuers of the Kings rights and to reforme and redresse diuers common Nusances and trespasses vpon the presentment of the suitors Also by the word Suits may be vnderstood the kings Suits in law scz That the Kings Suits in Law shall bee preferred and that the sherife for the kings profit therein is to doe his best endeauour according to his office scz That the king bee first payd and his debt first leuyed vide hic cap. 10. 19. 25. 58. CHAP. 9. Rents THe sherife by his Oath is also bound not to assent to decrease to lessing ne concealement of the Kings rents Now the sherife is Balliuus Comitatus and as a Baylife of a Mannor is to gather vp his Lords rents so the sherifes Office is to gather vp within his Bayliwicke the Kings rents and moneyes though at this day for the kings rents this rather belongeth to the kings Receâ—uers scz to gather vp the Ordinary Rents of the Kings lands And yet if the Sherife shall distraine the Kings farmor or tenant for Rent due to the King and shall accompt for the same in the Eschequor it is a good iustification for the Sherife in an action brought against him for taking the Tenants cattell Also the Sherife is accomptable to the King of all Farmes Rents Issues and profits of the County which run in accompt vnder the name of Viscontiels scz for these the Sherif so soon as he is made Sherife is accomptable yet in a summe in grosse But for the extreats of the greene waxe for Fynes and Amerciaments Issues the Kings debts and such the Sherife is not chargeable nor to leuie vntill they be estreated vnto him or the same without processe or other warrant and then when he hath leuied them he is chargeable Also for the kings Ordinary Rents the Sherife vpon processe to him directed for the leuying thereof may leuy the same and that either vpon the body or goods of the Kings tenant or of his sureties or vpon the lands of his Tenants or vpon his heires or executors or other possessors of his lands or goods Note that there bee certaine fermes called Viscountiels for which the Sherife for his time payeth a certaine Rent to the king and maketh what profit he can of them and for these the Sherife is accomptable vt supra scz in a sum in grosse and presently And these Viscountiels are said to be certaine duties of ancient time due to the king c. scz for Castle gard for the Sherifes ayde for the Leet fee c. And these are commonly called Certainties which are gathered vp by the Sherife or their baylifes CHAP. 10. The Kings Debts THe Sherife also vpon Processe as vpon the greene waxe scz vpon the Estreat to him deliuered out of the Eschequor vnder the Seale of that Court is to leuy the kings debts And this the Sherife may doe either vpon the body or goods of the Debtor or his sureties or vpon their lands in their owne hands or in the hands of the heires feoffees or any other person clayming or hauing the same from them by discent or by purchase Also the Executors Administrators Assignes and other possessors of the goods of the Kings Debtor are chargeable to the kings debt And vpon Processe c. the Sherife may seise inroll praise and sell the goods of the kings debtor being dead that praising of the goods must be per visum vicinorum c. and according to the value of the debt But goods or a lease for yeares sold away by the Debtor bona fide are not liable thereto Also vpon processe the Sherife may distreine for the kings debt in all places within his County and may impound the distresses in a common pound and after 15. dayes may sell the same away if the debt be not satisfied in the meane time But if any bring the Tally of payment of this debt in the Eschequor the distresse shall cease Also if the debtor brings the Tally of any Sherife or Baylife of payment made to them of the thing demanded and will find Sureties to appeare in the Eschequor vpon the next accompt c. the distresse shall cease Also if the Kings Debtor shall finde sufficient Sureties to the Sherife to pay the Kings Debt before the day of the Retorne of the writ the Sherife must deliuer the distresse These distresses made by the Sherife must be reasonable after the value of the debt and must not be of Plow Cattle nor of Sheepe if the Officer can finde other sufficient distresse nor shall be driuen too farre The reasonablenesse of the Distresse must be by estimation of neighbours scz That the goods be praised by neighbours Note that in these former cases where the Sherife c. commeth to leuie or distreine for the Kings debt hee must first shew to the Debtor demanding the same the processe or Estreates vnder the seale of the Eschequor for the leuying thereof Also the Sherife shall make Tallies or acquittances to all such as shall pay him the debt And the Sherife must quite the Debtors thereof at his next accompt in the Eschequor hic cap 13. If the Debt once payd bee another time demanded of the party hee shall recouer treble damages against the sherife c. But the Sherife for the Kings debts c. doe by any Ecclesiasticall person may not distreine in the Church nor in the ancient fees or passions of the Church nor in the Kings high way if hee can finde goods sufficient elsewhere Neither may the Sherife distreine or take for the kings debt c. due by any Ecclesiastical person any goods which doe belong to the Church or to the Parish The Sherife may not distreine vpon the wifes Dower or inheritance for her husbands Debt due to the king after the Couerture So hee may not distreine vpon a ioynt Estate purchased by or assured to the husband and wife for this debt due after What other goods the Sherife may not distreine or meddle with for the Kings Debt See hic cap. 15. But the kings Debtors their bodies Lands and Goods and their Heires and Assignes and their Executors and Administrators and all other possessors of the goods after their death are chargeable Also the Rents of their Farmours or Tenants yea the Tenants themselues their goods are liable to pay the Kings debts
for felony hee shall forfeite his lands and goods otherwise where a man doth abiure for heresie trespasse or other offence A man arrested for felony maketh resistance and so is killed he shall forfeit his goods and yet no attainder So felo de se shall forfeit his goods But an infant Non compos mentis or a Lunatike killeth himselfe they shal forfeit nothing If a Parson or other Ecclesiasticall man shall commit felony or shall bee vtlawed or otherwise shall forfeit his goods the Sherife c. may seise his goods and his Tythes receiued wheresoeuer they lie or be The petty Iury attainted in a Writ of attaynt shall forfeit all their goods and the profits of their lands during their liues Affrayors before any Iustice sitting in place of Iudgement shall forfeit their goods and the profits of their lands So Affrayors in Westminster Hall sitting any of the kings Courts Persons wearing any priuy Armor in the kings Pallace or in Westminster Hall shall forfeit their Armour Persons riding or going armed Offensiuely forfeit their Armour and the Sherife must seise it preise it and shall be answerable for it See plus hic cap. 11 12.52 CHAP. 14. Other forfeiture of Goods GOods stollen and after wayued scz left or cast away by the felon when he is pursued are forfeit to the king And the Sherife or any other may seise them to the vse of the king but if the felon had not the goods with or about him when he fled then they are not forfeit Goods confiscate scz goods stollen or found in the felons possession which are lost by default of clayming them or by disclayming them c. such goods are forfeit to the king and the Sherife shall be charged therewith So of Goods stollen if the owner shall not persecute and giue euidence against the felon to attaint him Estrayes scz where any beast or cattell or swans commeth within any Lordship and none knoweth the owner thereof then it shall bee seised to the vse of the King or of the Lord c. But the Sherife or other Officer that shall seise an Estray ought to proclaime it according to law scz Once in the Church and in the two next market townes Deodands scz any goods causing the death of a man shall be forfeit Note that the Iury which doe finde the death of the man must also find preise the Deodand the Sherife may presently seise the same for the king Or may leaue or deliuer them to the town and the Sherife shall be charged to leuy the price thereof of the towne whether the same were deliuered to them to keepe or no. Goods of Egyptians the Sherife within one moneth after the arriuall may seise them to the Kings vse And yet euery person that shall proue by two credible witnesses before the Sherife that any of those goods were craftily or feloniously taken from him shall be presently restored thereto by the Sherife vpon paine to forfeit the double value A man vtlawed for Treason or felony shall forfeit his lands c. And all his goods which he had at the time of the exigent awarded or at any time after And although he shal be afterwards acquited of the felony or shall yeeld himselfe vpon the exigent yet he shall forfeit the profits of his lands all his goods for that such absenting himselfe is accounted a flying in law Also for vtlary in any personall action he shall forfeit the profits of his lands and all his goods reall and personall which he had at the time of the Vtlary pronounced and the Sherife or Escheator ex officio may seise to the kings vse all the profits of the lands in his possession and may mowe seuer and take all the corne and grasse growing and may take the feede and herbage of the grounds and take the rents of his fermors to the kings vse But the kings Officers may not meddle with the possession of the freehold lands scz to plow sowe grant or let the same Neither may they crop any trees nor cut any vnderwoods growing vp the Freehold nor any other thing which is not cut or taken yearely And yet if Tenant for yeares bee vtlawed the kings Officer may seise that land terme and may plow sow and occupy the same land and take all other profits thereof as the termor might Also goods which the party vtlawed hath ioyntly with another the kings Officer may seise the whole for the king Goods bayled by the party vtlawed to another to keepe may bee seised and taken for the king The party vtlawed makes his Executor and dyeth his goods in the hands of his Executor may be seised for the King A Ward shall bee forfeited by vtlarie But no goods annexed to the freehold shall be seised for vtlary Deere in a Parke shall not be forfeit by vtlary in a personall action Goods which the party vtlawed hath as Executor shal not bee forfeite Goods demised or letten nor goods pawned or lawfully distreined shall not bee seised for vtlary quousque c. Also where the Lord of a Mannor or Franchise hath by charter the goods of felons fugitiues or outlawes there the Sherife is not to meddle with or to seise such goods c. When the Vtlary with the Exigent is returned by the Sherife into the Court c. then is it a good Vtlary to disable the party to sue c. And yet before the retorne it is sufficient for the king and therefore the kings Officers may seise the goods of the party vtlawed presently after the vtlary pronounced and keepe them But the Sherife may not sell the parties goods before the Capias vtlagatum commeth to him And vpon the Capias vtlagatum the Sherife may eyther sell them or keepe them to the Kings vse And yet for that the Sherife by this writ is not commanded to sell the goods therfore if the vtlary be reuersed by a writ of Error the defendant shall haue restitution therof although they were sold except that the Sherife hath accompted for them in the Eschequor before the Vtlary reuersed Vide hic cap. 59. The Sherife may not arrest the body of him that is outlawed in any personall action without a writ of Capias vtlagatum But otherwise where the Vtlarie is for Felony or Treason If the King shall pardon a man who commeth in vpon the Capias vtlagatum before that the partie be satisfied yet if it bee after iudgement the Sherife must take heed that hee doth not suffer him to escape vntill the party be satisfied Also vpon Vtlarie retorned by the Sherife a writ sometimes goeth out to the Escheator to seise the goods and chattells and the profits of the lands of the partie vtlawed CHAP. 16. Treasure Troue TRreasure Troue is where any money plate or bullion is found hidden in the ground or earth in any place the owner thereof being vnknowne And such money or goods the King is to haue and the Sherife is
to seise it to the Kings vse Goods wrecked or wrecke of the Sea scz Goods cast or left vpon the land by the Sea the King is to haue except where the Lord of any Franchise or Mannor c. hath it by Charter or by Prescription And where the King is to haue these goods the Sherife may seise them to the vse of the King and shall preise them by a Iury and then he may keepe them himselfe or deliuer them to the towne where they are found to keepe and then they shall answer for them But the owner hath a yeare and a day after the seisure by the Officer to claim thē so that if any within the yere and day after the seisure shall proue that the goods were his they shall bee presently restored to him paying reasonable charges And therfore if the goods be such as may be kept sweet good by the space of a yeere there the goods must be preserued during the yeare otherwise the Officer which seiseth them is punishable But if the goods will not keepe so long there the Officer may sell such goods and deliuer the money taken for them to the towne to keepe or else he may keepe it himselfe and answer for it But this claime and proofe of the property by the owner is giuen onely where a man dogge or some other quicke thing escapeth out of the Ship aliue Note that except the Ship doe perish and be drowned the goods cannot be forfeite nor said to be wrecke The goods of an infant woman couert being Executor a man in prison or beyond the sea being wrecked at the sea and not claimed within the yeare and day c. shall be forfeit The King also is to haue Whales and other Royall fishes c CHAP. 17. Wards Escheats Ideots BY the Statute de Scaccario made An. 51. H. 3. Sherifes shall seise and keepe all such Wards Escheats that are not in fees as belong to the King which be within their shires and of the issues thereof they shall bee answerable in the Eschequer when they accompt for their countries and they might let to ferme or otherwise such Wards and Escheates and might seise their bodies c. Also by the Statute made 2. 3. E. 6. Cap. 34. it seemeth that Sherifes shal be accomptable for all Wards Marriages and Releifes c But at this day all the Kings Wards are to be within the order suruey and gouernance of the Court of Wards together with their lands rents issues thereof And the Escheator is now the Officer appointed to inquire thereof and to seise their lands c. CHAP. 18. BY the aforesaid Statute de Scaccario Escheats Sherifes shall seise the Escheats that fall to remaine to the King in fee. If the Kings Tenants in fee simple dieth without an heire and no other person entreth the King is in by Escheate and hath a freehold without any Office and the Kings Officer may seise it for the King In cases of Heresie Coniuration and the like there is no Escheat hic cap. 14. All Escheats within any City perteine to the King Plus hic cap. 6.7 14. concerning Escheats and the Sherifes duty therein CHAP. 19. IF there shall be an Ideot scz a naturall foole there may be a Writ awarded to the Sherife Ideots or Escheater both to examine him as also to inquire by a Iury of such Ideot and of his lands c. But there can bee no seisure of the lands without an Office first found nor of the profits of their lands Also the King shall haue the custostody of an Ideots body and goods as well as of his lands and that during their liues prouiding them things necessary for themselues their wiues and family But all Ideots and their lands c. shall be in the ordering of the Court of Wards And yet the King nor his Officers ought not to seise the lands nor the Issues of their lands of an Ideot vntill hee bee found an Ideot by an Office Lastly the words of the Sherifes Oath are You shall truely keepe the Kings rights and all that belongeth to the Crowne Now these former and other the Kings Prerogatiues of the like kind although they are a great part and portion of the rights profits and commodities of the Crowne yet this Prerogatiue doth not onely extend to such benefit and profits as the King is to haue from his Subiects as aforesaid But also to the Kings person to free it that it shall not be subiect to any mans suite and also to his possessions so that they may not nor can not bee taken from him by any violence or wrongfull disseisin and to his goods and chattells so that they are vnder no tribute tolle or custome nor otherwise distreinable And in all these and other the Kings Prerogatiues the Sherife is to doe his best endeauour for the keeping and preseruing thereof so far forth as belongeth to his Office Note that the Kings person is so sacred as that no violent hands may in any case bee laid vpon him neither may he be sued by action as a common person or subiect may But wheresoeuer the King shall seise any mans land or take away any mans goods hauing no Title there the Subiect is driuen to suite his Soueraign by way of Petition onely For the Kings possessions or lands that they cannot be extended or taken in execution See hic cap. 26. So all the Kings lands are exempted from distresses for rent c. For his Goods also they cannot bee taken for Wayfes Wreckes or Estrayes The King beeing Nonsuit c. cannot be amerced That he shall finde no Pledges de prosequendo hic cap. 45. CHAP. 20. Direction and execution of Writs NExt The Sherife is duely and truly to serue and execute al manner of Writs Processe Iudgements and commandements made or directed to him from any of the Kings Courts And indeed the office of a sherif cōsists chiefly in the execution seruing of Writs and Processe of Law and to doe this he is the immediate Officer of the King and all his Courts scz To execute the Writs of the Common Law And this he must doe or cause to be done truly and duely and in euery behalfe as the Writs themselues commands without any fauour dread or corruption or else he is punishable By the antient Law of this Land all originall Writs purchased at the suit of the partie to maintaine actions are to be directed to the Sherife of the Countie where the cause of the suit doth arise and cannot bee directed to any other person than the Sherife vnlesse it be in speciall cases where there shall be good cause of execution to or against the Sherife and there the Writ shall be directed to the Coroner who then standeth in the place of the Sherife And if the Sherife bee dead or remooued yet the Processe shall not be directed to the Coroners but shal stay vntill another Sherife
Writs concerning common Plees Reall or personall are of two sorts scz Praecipees or Si fecerit te Securum c. Vpon Praecipees the Sherife is to command the defendants to doe somewhat in certen which the Plaintife sueth for which if he doe not then the Sherife is to serue the processe But vpon Si fecerit te Securum the Sherife is to serue the processe without more adoe CHAP. 23. Warrants vpon meane proces their formes THe Sherife or his Vndersherife to whom any meane Processe or Writ shall be deliuered are either to execute it themselues or else are speedily to make out warrants to their baylife or other Officers for the execution thereof And these warrants must bee made according to the seuerall natures of the Writs which for the substance will direct them therein But whether these warrants be made in Latin or English it is not materiall so that they bee made in due forme The forme of a warrant from the Sherife to the Baylife to cause one to appeare A. B. Cantabr Miles vicecom ' Com' pred balliuo (a) (a) Libertatis de E. Omnibus balliuis meis tam infra libertat ' quam extra Omnibus balliuis meis infra comit ' pred Hundred de R. (b) (b) Necnon I. W. T. B. balliuis meis hac vice eorum cuilebet salutem Ex parte Dom ' Regis (c) (c) Vobis coniunctim diuisim Vobis cuilibet vestrum coniunctim diuisim tibi mando quod (d) (d) Capiatis seu vnus vestrum capiat capias I.S. si c. Et eum saluo c. Ita quod habeam corpus eius coram (e) (e) Domino Rege if in the Kings Bench c. See cap. 75. Iustic ' Domini Regis apud Westm in (f) (f) Die Iouis prox ' post Octob. Octobris Sancti Hillar ad respond C. D. de ê‘lito (g) (g) Transgressionis Conuentionis Detentionis c. Debiti Et hoc c. Datum sub sigillo Officij mei decimo die Aug An' regni Domini Regis nunc Angliae c. 3. Per A.B. milit vice com' Warrant de Destring ' Cantabr A B. c. vt supra mando quod distring ' I.S. de W. armig ' ê‘ omnes terr' catalla sua c. Ita quod habeam corpus eius coram Iustic ' c. Ad respondend tam Domino Regi quam I. D. de ê‘lito transgress c. sub poena C.s. Alias Ita quod habeas corpus eius coram Iustic ' domini Regis ad pacem in Com' praed ad prox ' Session ' suam apud C. tenend ad respond dicto domino Regi de diuersis transgress vnde Indictatus est c. sub poena 40 s Another forme of a Warrant Decimo die Aug. An' Dom ' 1628. By vertue of the Kings Maiesties writ to me directed Cantabr retornable Coram Domino Rege apud Westmon die Iouis prox ' post quind saÌ„ct Hillarij c. reciting the words in the writ you shall arrest I.S. if he may bee found within my Bayliwicke to answer to C. D. in a plea of trespasse c. or in a plea of debt c. according to the writ Datum sub sigillo Officij mei die anno suê‘dictis ê‘ A.B. Milit ' Vicecom ' To I.P. and R. S. my speciall Bailifes in this behalfe ioyntly and seuerally greeting A good forme of a warrant to be vsed vpon Executions or vpon a Capias vtlagatum c. Cantabr A. B. Miles vic' Com' praed omnibus balliuis meis tam infra libertat ' quam extra Necnon I.B. C.D. balliuis meis hac vice tantum salutem Ex parte dom ' Regis vobis cuilibet vestrum coniunctim diuisim mando Quod Capiatis seu vnus vestruÌ„ Capiat I.S. si c. vt supra CHAP. 24. Executions how to be done and executed And first vpon a Statute Merchant VPon a Statute Merchant Statute Marchant the Sherife vpon the Capias must first take the body of the Conusor or Debtor if he be a Lay-man and can bee found and must keepe him safely in prison vntill he hath satisfied or agreed for the debt and damages And after halfe a yeare which time is giuen to the debtor being taken to sell his lands and goods to pay his debts if the debt be not satisfied then vpon an Extendi fac ' the Sherife shall by a Iury preise the lands and goods and then shall deliuer all his lands and goods to the Creditour by a reasonable rate extent or value and yet the body shall remaine still in prison vntill the debt be paid Also vpon the Capias if the party canot be found and that a Non est inuentus bee retorned by the Sherife an Extent or Extendi facias shall goe out against the Conusors lands and goods and against his body vpon which the Sherife shall presently cause all the Conusors lands and goods to be preised by a Iury and to be deliuered to the Creditor or else hee may cause the goods to be sold so far as the debt doth amount and the debt to be presently paid to the Creditor And the Sherife shall deliuer the same lands and goods to the Creditor at a reasonable price scz as much as doth amount to the debt c. And here if the Sherife shall retorne that he hath extended the lands c. he must retorne further that he hath deliuered the same to the Plaintife Hic cap. 58. If the preisors of the lands or goods scz the Iurors doe ouer value them then shall the same lands and goods be deliuered to the same preisors at the same price and they forthwith shall be answerable vnto the Creditor for his debt or duty contained in the Statute Merchant and chargeable with the payment thereof at such dayes as the Rents or reuenues are payable or receiuable CHAP. 25. Execution vpon a Statute Staple VPon a Statute Staple the Sherife vpon the Writ of Execution shall take the body of the Conusor si laicus fit c. And shal also presently by a Iury extend and value or preise his lands Tenements goods and chattels But the Sherife must seise the lands and goods into the Kings hands and shall retorne the same extent and Presentment into the Chancery whereupon a Liberate shall come to the Sherife to deliuer those lands and goods according to the same Extent or Preisement to the Conusee if he will to the value of his debt and damages c. And so note that vpon a Statute Staple the Extent and preising of the lands and goods of the Conusor shall be first made and retorned by the Sherife But the Sherife shall make no deliuery thereof to the Conusee till the Liberate come vpon which Writ deliuered to the Sherife hee shall then without any other Inquisition deliuer to the Conusee such lands and
deliuered in execution by force of an Elegit The Lands of a Bishop or Lands which a man hath but during the Couerture may be deliuered in Execution vpon an Elegit Vpon an Elegit if the Sherife shall extend a Lease for yeares the Iury which he shall cause to enquire thereof must finde the beginning of the Lease and also the certenty of the terme to come And this certentie of the Terme ought to appeare vpon the Sherifes retorne of the Inquisition But vpon a Fieri facias the Sherife may extend and sell away the Lease or Terme without reciting any certenty scz the Sherife may in his sale therof recite that the Debtor hath a Terme of such a Close pro termino diuersorum annorum adtunc ventur ' and that he selleth the same to I. S by force of the Furi fac c. But if the Sherife will take vpon him to recite the Terme and recites it falsely and so selleth the same Terme such his sale is void except withall the Sherife selleth also all the Interest which the debtor hath in the same land Also the Sherife ought not or at least needeth not to mention any certenty of the Terme in his Retorne of the Fieri facias but generally quod fieri fecit de bonis catallis c. And the Sherife hath election either to sell quite away a lease for yeares remaining in the debtors hands or else he may onely extend and deliuer the same terme or lease to the Conusee at a certaine yearely value which last seemeth to be the most indifferent course for that there still remaineth a property in the Conusor so as vpon payment of the debt he may haue his terme or lease againe Note that no stay or delay of any execution shal be vpon any writ of Error or Supersedeas except there be security first giuen to the Plaintife in the Court where the Iudgement shall be giuen to prosecute the Writ of Errour with effect to satisfie the debt dammages and costs c. 3. Iacob Cap. 8. Plus hic Cap. 58. CHAP. 29. Execution vpon a Capias ad satisfaciendum VPon this Writ the Sherife must arrest and take the bodie of the partie and put him into prison and there must keepe him without Bayle or mainprise vntill satisfaction or agreement be made to the Plaintife of the whole debt and dammages recouered against him So that if the prisoner doe escape the Sherife must pay the whole debt and dammages except the prisoner be presently taken againe vpon fresh suit Also if the Sherife shall suffer such a prisoner to goe out of prison vpon Bayle or with a Keeper except it bee by the Kings Writ the Sherife shal be answerable for the debt And therefore the Sherife must bee sure to keepe such prisoners safely and may put them in fetters and gyues But if such a prisoner doe escape of his owne wrong scz against the will or without the consent of the sherife or officer then the Officer may take him againe by vertue of the same Writ before the Retourne thereof when and wheresoeuer he can find the prisoner although it bee in another Countie Yea it seemeth the Sherife at any time may take such prisoner making an escape of his owne wrong againe and may keepe his bodie in custodie vntil he hath made his agreement with the Sherife c. Or where such a prisoner doth escape of his owne wrong if hee bee taken againe by the Gaoler c. the prisoner shall remaine in execution for the partie againe if the partie will And yet where a Knight or Bourgesse of the Parliament or other person so priuiledged shall be taken in execution the Sherife ought presently to deliuer such prisoner being sent for by the House c. and the partie may after the Parliament haue a new execution against the Debtor What persons may not bee arrested and taken vpon a Writ of Execution See hic ca. 21. hic infra Such persons as are necessarily attendant in any of the Kings Courts although they being arrested vpon any originall Processe shall be discharged thereof vpon shewing their Writ of Priuiledge yet if they shall bee taken vpon any execution the Sherife ought not to deliuer them vpon their writ of Priuiledge for then the partie should be without remedie Where a man is in the Sherifes custodie vpon an execution the Sherife may not deliuer him nor suffer him to goe at large though with a Keeper vpon any commandement of any of the Kings Courts or Iustices as it seemeth without it be by the Kings writ Plus hic Cap. 21. Yet if one in execution bee suffered to goe at large for a time by the commandement of the Court and by the consent and agreement of the Plaintife and after the prisoner returneth againe this is not any escape But where the Sherife hath one in execution for debt if an Habeas Corpus or Corpus cum causa cometh to the Sherife to haue the bodie at Westminster c. vpon a certaine day heere the Sherife may not onely carrie his prisoner to London through another Countie but the Sherife in these cases may go and take what way or place he shall thinke to be most sure and safe for himselfe and to carrie his prisoner And vpon a Corpus cum causa or a Certiorari c. procured by any person being in execution the Sherife must returne the truth or cause of the prisoners in prisonment that so the prisoner may be remanded c. If the Sherife shall arrest one vpon a Capias ad satisfaciendum and shall not returne the Writ nor satâ—sfie the Plaintife this is an escape and the Sherife is chargeable for the debt neither may the Sherife arrest the party againe for the same cause Vide hic cap. 54. If the Sherife hath arrested one vpon a Capias ad satisfac ' c. and after the prisoner is rescued from him this is an escape and the Sherife is chargeable for the debt Execution vpon a Leuarifacias Vpon a Leuari facias the Sherife cannot seise the lands and deliuer them to the party but he is onely to take the corne grasse and other profits growing vpon the lands and the goods and chattells of the debtor and may deliuer them to the party and the Sherife may take the Rents payable by the tenants in execution of the debt and bring them into the Court. Note that the Sherife in debt may deliuer any land whatsoeuer that the party had the day of the Iudgment giuen or at any time afâ—er into whose hands soeuer they shall come But as to Chattells the execution shall be of such onely as the party defendant had the day of the Execution sued scz the day of the Teste of the writ of execution So that if the defendant shall sell his goods bona fide after iudgement and before the writ of execution sued those goods are not to be taken by the Sherife
nor liable to the execution But if the defendant hath sold his goods by Couin after the Recouerie or writ of Execution sued there the Sherife may take those goods in execution See hic cap. 61 CHAP. 30. Execution vpon a fieri facias VPon a fieri facias the Sherife is onely to take in execution the goods chattels of the defendant scz his leases for yeares of houses or lands and his corne growing or sowne vpon the land or his moueable goods as corne in the barne cattell houshold-stuffe money plate apparrell c. And here the Sherife may either keepe the goods himselfe making his retorne accordingly or the Sherife may deliuer the goods or money for the same being sold to the plaintife in execution or rather the Sherif may sel the goods and bring the mony into the Court and so the Court to deliuer it to the Plaintife And vpon the fieri facias the Sherife needs not to preise the goods by a Iury but the Sherife himselfe may sell the goods as well as he can and yet to preise them by a Iury and then sell them is more indifferent and safe Vpon a Fieri facias the Sherife may sell a Lease or Terme for yeares without enquiry of the value by a Iurie Note that the Sherife is commanded and compelled by this writ of fieri facias to sell the goods of the defendant And the property of the goods seised by the Sherife vpon this writ are not altered by the seisure but by the Sherifes sale thereof For the words of the Fieri facias be Praecipimus tibi quod de terris catallis praed ' I.S. fieri fac ' C.s. Et illos habeas c. ad respond c. And here though the iudgement be afterwards reuersed in a writ of Error yet the defendant shall haue no restitution of his goods but onely shall haue the value thereof as they were sold and the buyers thereof shall quietly enioy them because the Sherife had lawfull authority to sell them Vpon a fieri facias come to the Sherifes hands against A. If A. shall happen to die before the writ be executed here the Sherife may execute the writ vpon the Executors or Administrators of A. Or the goods of A comming to the hands of any stranger the Sherife may leuy or make Execution of these goods in the hands of the stranger But the Sherife or other Officer must be carefull that they take none but the defendants or debtors owne goods in execution for though they shall finde them in the possession of the defendant yet if vpon triall they shall be found to be none of the defendants goods then the Officer which shall take any such goods in execution is punishable and chargeable to the right owner of the goods If therefore it shall bee doubtfull to the Officer whether the goods bee the defendants or no let the Sherife take heed that he retorneth not that he hath taken so much goods of the defendants and that he hath Denarios illos paratos ad reddend c. for so he may be charged double for them scz both to the Plaintife and to the defendant for the same goods But let the Sherife either keepe the goods himselfe vntill the parties bee agreed Or else let the Sherife take securitie of the Plaintife to saue him harmlesse c. And to stay the retorne of his writ vntill he be well aduised what to doe therein Or rather where the property of the goods is doubtfull it is safest for the Sherife either not to meddle at all with such goods as shal not plainly appeare to him to be the proper goods of the defendāt or else to enquire by a Iury in whom the property of the goods be for the Sherife or Officer at his perill must take knowledge in whom the property is but being found by the Iury it excuseth the Sherife Also if the Officer shall attach goods which are not the proper goods of the defendant or shall arrest one man for another of the same name in both these cases the Officer is a Trespasser Goods gaged or pawned for debt can not be taken by the Sherife in execution nor goods demised or letten for yeares nor goods distreined Vpon a fieri facias if the Sherife shall leuy the money and shall keepe the same in his hands still the partie Plaintife may haue his action of account against the Sherife And if the Sherife shall returne fieri feci sed non inueni Emptores then a venditioni exponas shall goe out mes la party nauera vnques vn nouel Execution Note that vpon a fieri facias to leuy xx.l. if the Sherife retorneth fieri feci x.l. quàs habeo ad diem c. at which day he hath not the money and then a new Sherife is chosen here the Plaintife shall recouer that x. l. against the old Sherife c. CHAP. 31. Summons ALl Writs or Processe concerning the Common Law shall be awarded vnder the great Seale of England and shall bee made out in the Kings name onely Summons is a writ directed to the Sherife commanding him to bring in the party by a day or to cite or warne the defendant or tenant to appeare at a certen day to answer to the plaintife or demandant This Summons ought to bee made by or in the presence of two Summoners at the least being neighbours liberi legales In Reall actions the Sherifes order to execute this processe of Summoneas is to goe himselfe or to send his baylife to the land with the Summoners and there to cite or warne the tenant or party by sticking vp of a white sticke in his land which being done the Sherife must retorne two common Pledges for the Plaintife and then the names of the Summoners thus Responsio A. B. vic' Com' infrascr ' Pleg ' de prosequendo Iohannes Doo Richardus Roo See hic cap. 45. Summonit ' infranom ' I. S. the defendant Rich. Den. Hen. Fen ' This Summons or warning of the defendant to appeare and answer c. is so necessary by the Common Law as that without the same all the proceedings yea and the Iudgement after are oftentimes made frustrate and besides the Sherife subiect to punishment In Reall actions the Sherife or his Officer must summon the tenant or defendant vpon the land demanded be he tenant thereof or no and this summons to the tenant must be first to keepe his day of the retorne naming that in certen to answer to the demandment c. Secondly to shew the name of the demandant And lastly to name the land in demand And in writs of Summons the Sherife may not alledge or retorne Non tenancie in him whom the writ supposeth to be tenant In a Petite Cape the Sherife must summon the tenant to answer to his default onely But in a grand Cape the tenant shall be summoned to answer to his default and further to the demandment And
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
commaundement to the contrary from the Lord Chancellour or other subiect whatsoeuer immo coment del nostre Seignior le Roy mesme desouth son priuy seale ou auter son ordinary power quant al execution de Iustice except tamen le absolute power del Roy. And if the Sherife shall surcease to execute the Kings writ vpon any such ordinary commandement the Sherife shall bee amerced c. See hic cap. 21. Note that this Writ de Habeas corpus shall not be graunted to remooue any prisoner except the writ bee signed with the proper hand of one of the Iustices of the Court out of which the same writ shall be awarded Habere facias seisinam Virtute c. Iustic ' certifico quod tali dic Anno Habere feci infranom ' A.G. plenam scisinam de vno messuag ' cum pertin ' in S. infraspec ' in omnibus prout istud breue Aliter c. Habere feci c. seisinam de in Tenementis infraspec ' Or de manerio de F xx acr ' terre 40. acr ' prati c. cum pertin ' in F. c. secundum formam istius breuis prout c. But vpon an Habere fac ' seisinam or other writ where land is recouered the Sherife may not make these returnes following scz That there is no such land and therefore he could not make execution c. That a stranger is tenant of the land and therefore hee could not c. That he against whom the recouery is had hath nothing in the land or is not tenant thereof c. For note that vpon the Habere fac ' Seisinam the Sherife ought to execute the writ although that a stranger bee seised of the land and that in truth none of the parties to the writ were euer seised thereof The Sherife retorned that he could not deliuer seisin by reason of Resistance made by I.B. and other persons vnknowne and was amerced for that he might haue taken Posse Comitatus c. And yet such a Retorne hath been allowed Vide hic cap. 36. Note that vpon the Habere fac ' scisinam as also vpon an habere fac ' possession ' if the Sherife shall duely execute the writ and that the Plaintife or demandant haue his demand there the Sherife needs make no returne of the writ But vpon the Habere fac ' seisinam the Sherife may make these retornes scz That hee offered to the demandant seisin c. and he refused it That hee the Sherife himselfe was tenant of the land and so hee could not serue the writ c. That none came to receiue seisin c. That none came Ex parte petentis ad ostenden ' tenement ' c. And yet in case where the same Sherife made the Summons there he cannot after make this retorn Quod nullus venit c. ad ostendendum Tenement ' Also note that vpon the Habere facias seisinam the Sherife may put the partie in seisin or possession as followeth viz. 1 Of a house by the Ring of the doore Or the Sherife may open him the doore of the house and bid him to enter c. 2 Of land by a bough twig clod or the like vpon the ground 3 Of a Rent the Sherife may put the partie in possession thereof by Parrol Or by any clod or other parcell of the land as a bough or twig Or by any corne or herbe or other thing growing vpon the land out of which the rent is issuing Or by Distresse of Cattell leuant and couchant there but the Sherife or party may not driue such cattel off the lands Also the Sherife may deliuer seisin or possession of land in one towne in the name of land in diuers townes Also vpon the Habere fac ' Seisinā or possessionem the Sherife may breake open the doore c. and deliuer seisin or possession Habere fac ' visum Virtute c. Iustic ' infrascr ' certifico Quod tali die Anno Habere fec ' infranom H.H. I. vxori eius visū de messuag ' c. infraspec ' cum pertin ' Et dixi A.C.D.E.F.G. H.I. quatuor milit ' or hom ' de Com' meo or ex illis qui visut illi interfuer ' Quod sint coram Iustic ' praedict ' ad diem locum infracont ' ad testificandum visum illū prout interius mihi praecipit ' In reall actions where the Tenant doth not well know the land demaunded he make pray the view scz that he may bee shewed which is the land demanded And the Sherife may returne That he was readie to make the view and that the Tenant nor any for him came not to haue the view Also the Sherife is not bound to know or to seeke the land demanded and therefore except the demaundant sheweth it to him hee may returne Quod nullus venit ex parte petentis ad ostendendum mihi Tenementa petita ideo dicto T.S. petenti de tenementis infraspec ' habere visum non potui Or the Sherife may returne Quod mandauit balliuo libertatis de c. Qui respondit quod petens non venit ad ostendend c. lou il fuit prist c. If the demandant shall shew to the Sherif a strangers land by force whereof the Sherife enters c. he is no trespasser In a Praecipe of a Rent the Sherife vpon the view demanded granted shall not returne Habere feci visum in x. s. redditus but hee must returne Habere feci visum de terra vnde redditus c. If a rent be granted but out of no land and yet certaine land is charged to the Distresse if the rent be behind ther◠in an Assise c. this land so charged shall be put in view If the Rent be granted out of one land and other land within the same County be charged to the Distresse here both these lands shall bee put in view Where a Mannor is demanded nothing shall be put in view but the Scite with the appurtenances and not by parcells If the Mannor be demanded and the thing put in view is but a house and a Carue of land of another name this is not good If a house and ten shillings Rent be demanded and nothing put in view but the house it is not good If a house and land be demaunded each parcell shall be put in view Where part of a Mannour is in demand yet the view shall bee of the whole Where a moitie or a third fourth or other part of house or land is in demand yet the whole shall bee put in view Where a Carue of land is demaunded the moitie thereof may bee put in view In an Assise of land lying in two townes the view ought to be made in both Townes In an Assise the view ought to bee made where the Disseisin began Vpon a demand of ten acres of land the Demaundant said to the Tenaunt That
issues which is not sufficient the Sherife may be inforced to pay their issues for them CHAP. 89. Returne of issues vpon the defendant or tenant THe Sherife stands bound by his oath to set and to returne reasonable and due issues vpon all such as be within his County scz vpon the tenants or defendants which haue such lands or goods after their estate to the end they may the rather appeare And the tenant or defendant making default of appearance after the first attachment returned scz vpon the Distringas shall loose and forfeit issues to the King If the Sherife shal set and return too small issues vpon the tenant or defendant he is punishable When the tenant or defendant is distreined for such issues it seemeth that the Sherife ought to deliuer them to the Mainpernors or Manucaptors and if the party maketh default at his day the Sherife shall answer for those issues in the Exchequer by the Estreates therof made and the Mainpernors shall be answerable therefore to the Sherife Vnder the name of Issues are contained The profits of the lands Quid. and the goods of the party 1 The profits of the lands scz his rents and corne growing But yet for rent the Sherife needeth not to returne that for issues except they be then due And for corne growing the Sherife must be warie in returning them for issues for that they may be lost or spoiled before they be carried 2 Goods scz Corne in the barne and all moouables except apparrell houshold-stuffe horses and their harnesse And by the Stat. the Sherife ought to returne in issues vpon euery defendant or tenant Quantum so much as may arise of the profits of their lands within that County from the day of the Teste of the writ vntill the day of the returne thereof and the value of his goods except vt supra But it seemeth that this Law is not now much in vse whereby as Master Fitzh sayth great inconuenience ariseth besides it is a breach of the Sherifes oath Otherwise at this day the Sherife neede to returne but reasonable issues But be they neuer so great they be forfeit vpon his default and the party hath no remedy and the Sherif shall be chargeable therewith being estreated See hic cap. 11. Note that with these issues the land is chargeable into whose hands soeuer it come after See hic cap. 11. CHAP. 90. What Issues the Sherife must returne vpon Iurors BY the Common Law the Sherife was to returnâ— no Issues vpon a Venire fac ' Iurator ' Hic cap. 78. Neither was it vsed to returne any great Issues vpon the Habeas corpor ' or Distring ' Iurator ' But for the more expedition of Iustice and more speedy triall of issues by Iurors and in some cases of Enquiry there haue beene diuers statutes made as followeth 1 Vpon euery first writ of Habeas corpora or Distring Iurat ' c. to trie any issue the Sherife shall returne in issues vpon euery person impannelled and returned x. s. at the least And vpon the second writ xx s. And vpon the third writ xxx s. c. Sub poena V. li. 2 In actions of Attaint the sherife shall returne in issues vpon euery Iuror at the first Distring forty shillings at the least at the second Distring fiue pounds And the double vpon euery other Distresse Sub poena xx li. 3 Vpon euery precept from Iustices of peace to enquire of a forcible Entrie or Riot c. the sherife shall returne vpon euery Iuror in issues at the first precept or day twenty shillings And at the second day forty shillings And in cases of a Forcible Entry or Deteiner at the third day C. s. and at euery day after double Sub poena xx li. 4 Vpon a Commission to enquire of the defaults of Iustices of peace and Sherifes in not executing the Statutes made for the suppressing of Riots there shall bee returned in issues vpon euery Iuror at the first day twentie s. at the second day fortie shillings at the third day C. s. and at euery day after the double Sub poena 40. li. 5 Vpon an Information vpon the Statute of Liueries the sherife shall returne in issues at the first day twentie shillings At the second day thirty shillings At the third day forty shillings and at euerie day after for euerie time to encrease them ten shillings What issues shall be returned vpon Iurors in London see the Statutes 11. H. 7. 21. 4. H. 8. 3. 5. H. 8. cap. 5. What issues shall be returned vpon Iurors in Wales or in other Cities or Corporate Townes See 27. El. ca. 6. If the Sherife shall returne any Iuror in issues which is not sufficient or hath no land the Sherife shall pay those issues himselfe If the Sherife shall returne any issues vpon any Iuror which was not lawfully summoned or distreyned the Sherife shall forfeit double so much as the said issues returned Plus hic cap. 11. No Sherife shall leuie any issues other than such as are estreated to him vnder the seale of the Exchequer See hic cap. 13. 125. And these Estreats shall expresse the cause of the losse or forfeiture the tearme yeare nature of the Writ or Action and betwixt what parties the Issues fines and amerciaments be lost and the Sherife in his warrants to his Bailifes must also expresse the cause of the forfeiture No estreat of Issues against any Iuror shall be deliuered receiued or put in vre without such addition as is put in the originall Pannell and no Sherife c. shall collect any issues so estreated but of the right party chargeable by the Estreat And note that all the Kings courts Iustices Commissioners and others shall deliuer into the Exchequer at Michaelmasse yearely their estreats of fines and amerciaments assessed or taxed before them and of all issues c. and from thence they shall make Processe against the parties to answer and satisfie the same Note also that these issues returned vpon the Tenant or Defendant and vpon Iurors and lost by them in respect of Non appearance and estreated as aforesaid shall be leuied by the Sherife as forfeit to the King CHAP. 91. ALl the lands which the Iuror had at the time of the Vinire facias serued vpon him shall be liable to his issues c. If the land which the Iuror had be recouered from him or that hee had the same land but for another mans life who is dead then the Sherife must returne this speciall matter Et sic nihil habet otherwise the Sherife cannot returne Nihil where Issues were returned by him before nor vpon the Distringas Iuratores Hic cap. 78. Plus hic cap. 11. that the Issues may be leuied vpon the heire successor purchasor wife Fermour c. CHAP. 92. The chusing and returning of Knights c. for the Parliament AFter the Sherife hath receiued the Writ for Summons of the Parliament and
And so vpon the Grand distresse in a Writ of Ward but here Proclamation must bee made at three Countie Courts In a Writ of Mesne the Sherife vpon the Grand distresse must make Proclamation at two County Courts that the Mesne appeare at the day contained in the Writ to acquite the tenant c. And the Sherife is to make returne of these Proclamations and how often the same haue beene made CHAP. 106. The Sherifes Courts First concerning the Sherifes Turne THis Court and power was committed to the Sherife for the gouernment of the Countie Tourne scz to enquire therein of all criminall and personall offences and to reforme al common Nusances c. done within the Countie Place This Court is to be holden by the Sherife in euerie Hundred within his Countie and that onely in the place accustomed Time It is to be holden twice a yere scz one moneth next after Easter within one moneth next after Michaelmas All persons of the age of xij yeares or aboue Suitors dwelling within the Hundred ought to come to this Court and there must be sworne to the Kings allegeance Except notwithstanding Barons Clergie-men and women Also except Tenants in Antient Demesne And except such as doe owe suit to the Leet of any other Lord. And yet where such Leets be neglected or seised into the Kings hands c. there the Resiants may be compelled to come to the Sherifes Turne After appearance of the Suitors Iury. first twelue or more sufficient freeholders dwelling within the Hundred shall be impanelled and sworne to enquire of and to present all things there inquirable And then as a second Iurie the High-Constables and pettie-Constables within that Hundred shall vpon Oath present the defaults committed within their seueral limits which presentment they shall make or deliuer to the first Iurie or to the Steward and then he deliuereth that to the Iurie The first Iurie must deliuer vp their verdict to the Steward But if there be any presentment of any Felonie that must be deliuered vp by it selfe to the Steward priuily These Indictments or Presentments shal be made by Indenture between the Sherife and the said Iurors wherof one part shall remaine with the Iurors vnder the hand and seale of the Sherife or Steward and the other part to remaine with the Steward and by him to be sent to the next Sessions of the Peace c. And yet such Presentments are good though they be neither indented nor sealed Those first Iurors ought to bee men of good name and to haue within the same Countie twentie shillings Free-hold per annum or twentie six shillings eight pence Copyhold per annum at the least Stat. CHAP. 107. THe stile of this Court must bee thus Vis Francipleg ' Domini Regis tent ' apud L. coram Vic ' in Torno suo c. And in this Court the Sherife is to enquire and to take presentment of these things following viz. of all Treasons at the Common Law Felonies by the Common Law except the death of a man Escapes of Felons or of other prisoners Persons abiured or Outlawes returning without Licence Treasure-Trone Waifes Estrayes and Wreckes of the Sea found and retained Franchises newly claimed or not vsed or abused Purprestures and Incrochments made vpon the Kings lands Franchises or vpon Highwayes c. And these may bee seised into the Kings hands in some cases and if it bee in land or buildings after the Purprestures found by Enquest and the value assessed it may be set at a yearely Rent to be answered to the King or it may be pulled downe See hic cap. 7. Common Nusances made in High-wayes and Riuers c. Common Trespasses as Affrayes Bloudsheds Pound-breaches c. Euill Members as Night-walkers Messengers for Theeues c. False Measures weights or double Measures c. Inne-holders and Hostlers selling Mans meat or Horse meat at vnreasonable prices And of all other things inquirable in a Court Leet if they be not formerly inquired of and redressed in the Leet This Court is a Court of Record In this Court the Sherife is Iudge And this Court is incident to the Office of the Sherife And the Sherife is to haue the profits thereof scz the amerciaments and fines CHAP. 108. ANd yet vpon Indictments or presentments taken in this Court the Sherife c. cannot make out any Processe against the Offendors nor attach arrest or imprison any Offendor nor assesse leuie or take any amerciament or fine of them without Proces or Estreats from the Iustices of peace sub poena C. li. But all such Indictments or Presentments the Sherife must first deliuer or send to the Iustices of peace at their next Sessions sub poena xl li. and the said Iustices are to award Processe against the Offendors and to arraigne trie and deliuer them and to fine them for Trespasses c. and then to estreat the fines and amerciaments to the vse and profit of the Sherife before whom the Indictment was taken which Estreat shall be deliuered by Indenture to the Sherife or his Officer to gather the same by CHAP. 109. The authoritie of the Sherife or of his Steward in the Turn at this day 1 They may take the examination of Felons Imprison and may commit them to the Gaole They may take presentments of Treasons and Felonies 2 Affrayors in their presence they may commit to ward They may bind such Offendors to the Peace by Recognisance 3 They may impose a reasonable Fine Fine vpon such as in their Court shall commit any other disturbance or contempt to this Court If a Suitor to this Court being present will not be sworne they may fine him and in prison him till the fine be payd Or they may amerce him and distreyne him for the amerciament If a Suitor maketh default of appearance he shall be amerced If a Sutor being sworne shal refuse to make presentment or shall depart without giuing vp their verdict the Sherife c. may set a reasonable fine vpon him If an Officer to this Court shall refuse or neglect to execute his Office they may fine him In this Court they may cause the High-Constables and petrie-Constables to be chosen and to be sworne and being chosen and present if they refuse to be sworne they may fine them Vpon a Bloudshed presented there the Sherife may see an amerciament or fine and the offender shall make his fine there Quaere Also vpon a Nusance presented the Offendors shall bee there amerced Quaere If a Purpresture be there presented the Sherife may reform or pull it down But for a Purpresture or for any Trespasse there presented the Iustices of Peace at their Sessions are to assesse the fines vpon the Offendors Vpon presentment of the Assise of Bread Beere or Ale broken by any Baker or Brewer they may punish the Offendor by the Pillorie Pillorie where the offence requireth it This is by a late
the King he is accomptable or chargeable for the same Yet Sherifes shall not be accomptable but onely for their owne times Quaere Euery Sherife by himselfe his atturny or deputy shall bee sworne at his day of prefixion to bring and deliuer into the Eschequer Rolls of parchment of all such particular sums of money which he hath or might haue leuyed making mention of what person of what lands and for what cause any of the said summes be If the Sherâ—fe or his Officers shall gather the Kings rents or shall leuy the Kings debts or other duties and shall not accompt for the same in the Eschequer the Sher fe is liable both to the King and to the action of the partie grieued besides the danger of his oath If the Sherife shall seise the goods of one that is outlawed or for any other cause and shall not vpon his account answer the King for the same hee is chargeable both to the King and party c. For note that the Sherife in an action of trespasse c. brought against him by the owner of those goods must plead that he hath accounted for them Note also that the High Sherife is accomptable to the King for all things belonging to the office of the Sherife and the Vndersherife is accomptable to the High Sherife The manner of the Sherifes account see in Master Wilkinson of the office of Sherifes fol. 36. 37. For the ordinary charges of the passing of their accompt See ibid. fol. 38. 39. 40. 41. None of the Sherifes of the Counties of Surrey and Sussex Essex and Hereford Sommerset and Dorset Warwicke and Leicester Nottingham and Derby or Oxford and Berksh besometimes ioyned shall pay in any Court of Record for any duely belonging properly to the Office of a Sherife any orher fees or charges than only the one halfe of the charges and fees which he should haue paid if hee had beene Sherife of two of the said shires as formerly was vsed And their charges and rewards c. shall bee diuided By the Statute of 5. R. 2. cap. 11. the accompts in the Eschequer shall bee more speedily heard made and ingrossed than they were woont c. Before the Sherife come to his accompt or Opposals before the forreine Opposer let him be carefull fully and truely to learne which are good debts and which are not and which are within Liberties and which are not For with the forrein Opposer the Sherife must either Tot Nihil or set ouer into Liberties all the debts sums of mony conâ—eined in the summons of the greene waxe and in the Extracts of the peace of the County where he was sherife and therefore hauing first learned which be good debts and which not and which be within Liberties and which not he may make his booke of all his charge accordingly What allowances they shall haue vpon their Account All Sherifes shall haue such tailes of Reward and other allowances as they haue heretofore had Also they shall bee discharged vpon their accounts in the Eschequer vpon oath of such summes of money which they cannot leuy See the Statute 2. 3. Ed. 6. cap. 4. Sherifes shall haue allowance by there oath of the issues of their Countie They shall haue allowance vpon their accounts by their oaths of things casuall but not of such things as remaine in yearly farmes or yearely demands If an accountaÌ„t being Nichilled will sweare that hee oweth nothing to the King he shall be therupon discharged Statute 5. R. 2. cap. 13. Sherifes vpon petition and bills brought in vpon oath shall haue allowance for their charges and expences which they sustaine by the Dyet of the Iustices of Assise and other meanes c. Sherifes also shal haue allowance for their charges or wages of the Iustices of Peace at their quarter Sessions but the Sherifes allowance herein is but foure shillings a day a peece for eight Iustices Note that all fines amerciaments issues forfeitures and penalties whatsoeuer arising before the Iustices of peace at their Sessions are to be estreated by the Clarke of the Peace out of the records of the Iustices and to bee indented by him and then to bee deliuered one part to the Sherife to leuy the same thereby and the other part to bee certified to the Barons of the Exchequer And the Sherife is accountable for the same in the Exchequer vpon those estreats so certified into the Exchequer and so in many places the Sherife payes them to the King and neuer hath them againe nor any allowance saue onely foure shillings a day a peece for eight Iustices vt supra and the surplusage is in many Counties pursed vp by the Clarkes of the peace who receiues all the fines and thereout payeth or might pay the Iustices wages and then deliuer the resident the Sherife and should make his estreats accordingly The course of the Eschequer is said to be thus scz that so soone as a sherife hath entred into his account for issues amerciaments or meane profits for intrusions and alienations without licence to marke vpon his head O Ni which is asmuch as Oneratur Nisi habeat sufficientem exonerationem c. and presently the sherife is thereby become the Kings debtor and a debet set vpon his head And so soone as the sherife is become the Kings debtor of record vt supra the other parties are also presently become debtors to the sherife And the sherife in that case shall cause the debt to be leuied against those particular persons by a Constat But where the King by Parliament shal pardon all Issues Amerciaments and Intrusions c. if the Sherife after such pardon shall enter into his account without taking aduantage of the Pardon here the Sherife is chargeable to the King by his owne follie and the particular persons are at libertie and shall haue aduantage of the Pardon c. Amongst other things it is behoofefull for Sherifes and Vnder-Sherifes vpon the making of their accounts to haue a speciall care of their Totting Nichilling scz What they Tott or charge and what they Nichil or discharge and that they charge or discharge men orderly honestly and with vnderstanding for what they Tott or charge though it can neâ—er be leuied yet it will hardly bee auoyded but it must be paid and if it be Nichilled if it be Issues of Iurors though they bee neuer so bad and cannot be leuied betweene the old Sherife which returned them and the new Sherife which Nichilled them they must be paid though it be seuen yeares after if there come no pardon in the meane time The Sherifes discharge Where they shall be discharged vpon their accompt and oath of such summes as they can not leuy See antea Sherifes hauing here Quietus est they their heires executors and administrators and their lands tenements goods and chattells shall be absolutely discharged of their accompts scz of all manner of summe or summes of money which they shall
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