King by Attainder Escheat and alienation in Mortmaine The meane profits of lands for intrusions and alienations without License But in most cases for Lands or Tenements or the profits thereof there must first be an office found for the King viz. an enquirie must bee made by twelue men vpon their oath to finde the Kings title and the certainty what Lands or Tenements they be and the yearely value thereof before the Officer may seise them And yet in these cases following the Sherife or the Escheator may ex officio as it seemeth and without any Office found seise the same scz In cases where any are attainted during their liues of high Treason and here they shal forfeit all their lands and hereditaments in fee simple or fee taile So where the Kings Tenant in fee simple is attainted of pettie Treason or of Felonie and is put to death or dieth of himselfe the Kings Officer may seise the same for here a possession in Law vesteth in the King And in these cases the King shall haue the forfeiture of their lands from the time of the offence Also where a possession in Law of lands c. is cast vpon the King by discent Reuerter Remainder or Escheat vt supra So in cases of Wardship and Primer seisin or during the vacancie of a Bishopricke In which three last cases the possession in law of a Chattell is vested in the King But in other cases the Officer may not seise any lands or Tenements nor the profits thereof without an office found for the King or other matter of Record and Processe scz a Scire facias made out against the parties and retorned c. As where the King is entituled to enter for a Condition broken or for Mortmaine or for alienation without licence So in case where the King is intituled to seise the temporalties of a Bishop for a contempt So in Cases of Ideocie Lunicie and the like So where the King is to haue Annum diem vastum of the lands of persons attainted Also where an Office is found which doth not intitle the king to the possession by Entry but onely dy action there the Officer must first haue processe or other warrant for to seise the land c. As where it is found by an Office That the Kings Tenant for life or yeares hath done wast Or that his Tenant in fee simple hath cessed by two yeares Or that his tenant in fee hath made a feoffment by collusion contrary to thâ—â—â—tute of Marlebridge â—ote where the Office is found before the Escheator there the Escheator is chargeable vpon his accompt But of lands whereof the Office is found before Commissioners there the sherife shall be charged And yet neither of them shall bee charged but where there is an Office found or that they shall meddle ex officio c. And where there is an Office found they shall be charged onely according to the yearely value found by the Office And therefore in all these former cases where the Sherife shall seise any lands or tenements or the profits therof it is safest for the sherife that there be an Office first found thereof or at least for him to haue the kings writ other warrant of law so to doe But the Escheator is more specially appointed for the finding out of the Kings title to Lands Tenements and or other things CHAP. 7. Franchises A Franchise is a Royall priuiledge in the hands of a subiect And such are euery Libertie or commodity which of their owne natures are appertaining to the King and are deriued from the Crowne and by the speciall gift or grant of the king are come to a common person or subiect Of these some are more Royall as authority to pardon Treason Felony Vtlary c. Or to make Iustices the like which none can doe but the King 27. H. 8. cap. 24. Some are lesse Royall as Conusance of Pleas Chases Parks Warrens Fayres Markets Toll Courts Leets or Hundreds Wayfes Estrayes Wreckes Catalla felonum fugitiuorum vtlagatorum the correction of the Assises of bread and Ale Pillory tumbrell and the like these a subiect may haue Now if any man doe hold or vse any of these last sort of Franchises without or contrary to the kings grant or lawfull Prescription it seemes to be enquirable in the sherifes Tourne as a Purprestor Againe as it is parcell of the Sherifes oath to keepe the Kings Franchises so the Sherife may seise to the Kings vse ex Officio many of these things as namely wayfes estrayes wreckes and felons and vtlaws goods c. except where some other person hath the same by Charter or by Prescription Note in the former cases Capite precedente the king is to haue seisin or possession of the lands themselues So as the King may let them c. But where the king is not to haue seisin of the land it selfe but is onely intituled to the profits of the lands there the sherife ex Officio and without any office found may seise to the Kings vse the profits of such lands As the lands of a Clarke conuict of felonie Also the profits of the lands of persons outlawed in a personall action the Sherife or Escheator may seise ex offiico See hic Cap. 15. what the Officer may seise doe or take in the name of the profits of lands Also goods Goods and chattels of felons fugitiues and the like the sherife may seise ex officio And yet dicitur that the Escheator is rather and more vsually accomptable for these And that the Sherife is not acccomptable or chargeable for these saue in a grosse summe for the forme of the profits of the County See plus hic cap. 14 125. And note that no subiect can haue these things scz bona seu catalla felonum fugitiuorum vtlagatorum but by Charter and not by Prescription Also Franchises or Liberties seised into the kings hands vpon iudgement giuen in a Quo warranto the sherife shall answer the profits thereof to the kings vse But the Sherife must first haue a writ or precept directed to him for the seising of diuers Franchises before he may seise them for that there bee diuers Franchises which may not be seised but at the Kings suit in a Quo warranto which writ is to try the validitie of the Franchise c. as Conuzance of Plees correction of the Assises of bread Leets Hundreds Fayres Markets and the like CHAP. 8. Suits IT is parcell of the Sherifes Oath truly to keepe the kings suits Now Suite is a seruice which a man ought to do by reason of his land and tenure to performe this he ought to go to the Court of the king or of some other there to doe that which appertaineth to the nature of his suite And both the Sherifes Courts scz his Torne and Countie Court seeme also to be both of them the Kings Courts by reason that the suite belonging to them both
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
election of the Knights c. before the next Countie court the Sherife must make out his Warrants to his Baylifes of euerie Hundred commanding them to summon or warne the Freeholders within their seuerall Bayliwickes to be at the next County and there to make choice of their Knights c. Or else the Sherife after the receit of that writ at some Quarter Sessions of the Peace or other generall meeting of the countrie may giue publique notice thereof to the Freeholders Mes si le Vic ' done nul notice ou Summons al Freeholders serra mischieuous Et vncore semble nul remedy done And at the next countie in ful countie Proclamation shall be made by the Sherife of the day and place of the Parliament and that all persons there present shall attend the election After the Knighs be chosen be they present or absent their names shall bee written in a paire of Indentures to bee made betweene the Sherife of the one part and some of the Freeholders beeing chusers of the other part vnto which Indentures the Sherife and the Chusers shall interchangeably set their Scales and that part of the Indentures sealed by the Chusers shall bee tacked to and returned by the Sherife with the said writ These Knights ought to bee chosen of persons resiant within the Shire and must be Knights indeed or else Gentlemen able to be Knights But no Sherife or Mayor ought to be chosen Also persons attainted of treason or felonie ought not to be chosen knights for the Parliament Nor any person that is outlawed Nor any person in prison vpon an Execution Neither ought any such person to be chosen a Burgesse for the Parliament And yet it any such person shall be chosen thereto the Sherife ought to returne their names The chusers of Knights for the Parliament ought to be onely of such persons as bee dwelling within the same Shire and such as haue fortie shillings freehold lands or tenemtnts per annum within the same Shire the day of the date of the same writ Note that by the Common Law all Freemen of England had a voyce in the election of these Knights within the Counties where they dwelt but now they are restrained by Statute to such only as haue freehold lands or Tenements to the value of fortie shillings by the yeare aboue all charges By which words Lands and Tenements you must vnderstand First he which hath no other Freehold but the Aduowson or gift of a Church hee thereby can bee no chuser c. He which hath no other freehold than comon of Pasture can be no chuser c though that be of the value of fortie shillings per annum But a freehold house or land worth thirtie shillings per annum and a common of pasture appendant worth twentie shillings per annum belonging to the same house is holden to bee a sufficient Freehold Otherwise of a house new erected or erected within time of memorie for that common must be by prescription except such house be worth forty shillings per annum besides the Common A. hauing fortie pounds per annum letteth the same to another for life reseruing no rent or but twentie shillings or thirtie shillings rent per annum this seemeth no sufficiencie of freehold to A. during the terme But if A. letteth such his estate to another for yeares though for diuers yeares reseruing only twentie shillings per annum or absque aliquo reddendo yet here he may be a chuser c. for the freehold which is in him So if lands worth fortie shillings per annum be letten for yeares the remainder to A. in Fee simple or Fee taile heere A. may be a chuser c. for the Freehold which is in him If a man hath fortie shillings rent per annum or one annuitie of fortie shillings per annum issuing out of lands during his life this is sufficiencie of freehold to be a chuser c. And this fortie shillings per annum must also be certaine and not by reason of the gaine of an Orchard Garden or other thing which is casuall and not certaine for that is no sufficiencie If a man hath a freehold estate of lands or tenements in the right of his wife of the yearely value of forty shillings it is sufficient If a man hath free warren of conies the which communibus annis is worth fortie shillings per annum this is sufficient If a man maketh fortie shillings per annum of his woodsales Cole-mines Tythes impropriate or the like beeing his Freehold these are sufficiencie of Freehold Clergie men for their Spirituall Liuings are holden to haue no voyces in the election of these Knights Quaere Fellowes of Colledges in the Vniuersities are holden to haue no voyces in this election of Knights for or by reason of their chambers or other auails in their Colledges And Gentlemen of the Inns of Court or Chancerie are to haue no voyces therein by reason of their chambers there Note that the Sherife may examine vpon oath euerie such chuser how much Freehold hee may expend per annum The election of these Knights must be made in the ful county Court between the houres of eight 11. in the forenoone and onely by such Freeholders as be then present in the Countie Court And the Sherife is to returne such Knights as haue the greatest number of voyces of such chusers and freeholders This returne of the Sherife must be made by Indentures sealed by the Sherife of the one part and by the chusers of the other part The form of which Indentures you may see in my Booke at large cap. 92. If the election be made in ful Countie and betweene the houres aforesaid the Sherif may seale his Indentures and make his Returne afterwards and in another place Also this election of Knights as also of Burgesses may be by voyces or holding vp of hands c. or by any other way whereby it may be discerned who hath the greater number Burgesses The Sherife also vpon receit of the said Writ for summons of the Parliament ought presently to make out his Precepts vnder the Seale of his office to euerie Mayor and Bailife c. of Cities and Burroughs within his Countie commanding them to chuse their Citisens and Burgesses for the Parliament Those Maiors and Baylifes c. must make a returne of that Precept and of their Election scz of their names to the Sherif by Indentures the sherife must seale one part of those Indentures and the other part sealed by the Maior c. the Sherife must certifie and returne also with the Writ If any Sherife shall be negligent in making his returne of this Writ or shall leaue out of his said returne any Citie or Burrough which ought to come to the Parliament he shall forfeit an hundred pounds and haue one yeres imprisonment If the Sherife shall doe any thing contrarie to the Statutes either concerning the due election or returning
Precept 2. To warne for the great inquest such whose names the Sherife nominateth in his said warrant 3. To warne the Iury of life and death such as the Sherife or baylife shall thinke meet within their Hundred 4. To proclaime within euery Hundred the day and place of the Assises and that all persons that haue any thing against any prisoner be there to prosecute c. 5. To giue speciall warning to all Iustices of Peace and Coroners c. within their Hundred to be their present 6. To arrest c. all persons formerly indited c. to appeare there 7. And by his said warrant the Sherife must also command euery bailife to be and attend there themselues Or els to the back of this warrant the Sherife may file a schedule setting downe therein the Names of such as shall be warned for the great Enquest and for the Iury of life and death and such other persons as are to be warned thither The Sherife also must make and deliuer to the Iudge a Kalender of the names of all the Iustices of Peace Coroners Stewards and Baylifes of Liberties Baylifes of Hundreds and of all the prisoners in the Gaole See Hic cap. 98. And he must haue all his prisoners there Also the Sherife himselfe shal do well to chose and name the great Enquest and to keepe a note of the names of such as for that seruice he would haue warned by his baylifes and to chose some out of euery Hundred within his County CHAP. 47. The summons of the sessions of the Peace VPon this writ or Precept the Sherife also must make out his warrants to his baylifes of Hundreds commanding euery of them to appeare at the Sessions And to warne all High and pettie Constables within their particular Hundreds to be there And also to warne 24. Iurors in euery Hundred to appeare there And to proclaime within euery Hundred the day and place of the said Sessions and that all such as will complaine of any Artificers laborers or seruants in husbandry for taking excessiue wages against the Statute be there also to prosecute c. And to warne all Coroners and Stewards and Baylifes of Liberties within his County to bee then and there to doe that which belongeth to the particular Offices or places And to warne 24. Iurors for the great Enquest and body of the County as wel within Liberties as without to be and appeare there Now for the great Enquests aswell for the Assises or generall Gaole deliuery as for the SessioÌ„s of the Peace it is meeâ—e that there be retorned out of euery Hundred three or foure and that the names of such as be of one and the same Hundred be set together and the name of the Hundred to bee written in the margent of the Returne against the names of the Hundredors And if the Sherife shall returne any such Iurours without summoning or warning them by his Baylife the Sherife is fineable Hic cap. 85. CHAP. 48. Accedas ad Curiam VPon this Writ the Sherife taking with him foure other discreet lawfull and sufficient men of that Countie is to repaire to the lords Court or Hundred Court in the writ mentioned 2 He is there in full Court to record the Plee in the presence of those foure men and of the Suiters of the same Court 3 The Record so made must bee annexed as a Schedule to the backe of the Writ 4 He is to returne that Record with the writ before the Iustices vnder his owne Seale and the Seales of foure suitors of that Court which were present at the day limitted in the writ 5 And hee is to warne the parties Plaintife and Defendant that they bee before the Iustices at the day prefixed And if no Court haue beene kept there betweene the day of the receit of this writ and the day of the Returne thereof the Sherife may make his Returne accordingly but the Sherife ought first to require the Lord to keep his said Court and then if the Lord refuseth the Sherife is also to returne the Lords refusall So if the Lord c. in his Court shall refuse to shew the Sherife the plea or his booke wherein the plea is contained yet the Sherif in the Court ought to shew and read or declare the contents of this writ and after to returne the Lords said refusall The Returne Virtute istius breuis mihi directi in forma infrascr ' accessi ad Curiam infrascript ' in plena Curia illa recordari feci loquelam infrascrip ' Que quidem loquela patet in quadam schedula huic breui annex ' recordum illud habeo c. as in a Recordare facias loquela Hic postea A.B. Armig ' Vic ' The stile of the Court. Ad Curia Baron ' Egidij Alington Militis Horsheath ibidem tent ' tali die anno reciting also the stile of the King R.B. quaeritur versus I.S. de placito captionis iniuste detentionis aueriorum suorum Quaerela Note that nothing but the plaint shall be remooued here CHAP. 49. Admeasurement of Dower IF this Writ be Viscountiel and sued in the Countie Court before the Sherife then the Sherife is Iudge and is by vertue of this writ to admeasure all the lands which the Woman hath in Dower within the same Countie So that if there be in her hands any ouerplus it may bee restored to the heyre c. But if this writ bee remooued out of the Countie Court into the Common Banke then the Sherife cannot make the admeasurement but first the Sherife ought to goe to the lands then by a Iurie to diuide the lands c. into thrâ—e parts and to preâ—se the same at a yearely value and then to returne two parts by it selfe and the third part by it selfe and to returne also their yearely value and so to leaue the admeasurement to the Court which returne must be vnder his seale and the seales of the Iurors And in this writ where the admeasurement is to bee by the Iustices or Court when the suit is come to the grand distresses before the writ bee returned dayes are giuen so that there may bee two Countie Courts holden and in either of the said Counties the Sherife is to make Proclamation that the defendants come in and appeare in court at the day contained in the writ to shew cause why admeasurement should not be made and the Sherife is to returne the Proclamations accordingly But quaere notwithstanding the Defendants default of appearance the Sherife is not to make the admeasurement but is to leaue that to the justices or Court vt supra The Sherife may returne the defendant nihil in this writ of admeasurement of Dower If he returne That the wife hath more than shee ought to haue by so much per annum this is no good returne for the Court is to iudge of the value Admeasurement de pasture Also if this writ bee remooued out
for lands Et nulla bona Or the Sherife may returne the Extent of goods and not lands He may return Mandaui balliuo libertatis c. Vpon an Elegit the sherife deliuered the lands in execution without making seuerance and vpon complaint thereof to the Court another Writ went to the Sherife to make Seuerance A Writ of Extent awarded in the time of one King and executed by inquisition but before the returne thereof the King dieth and after the Sherife returneth the Extent c. quaere if such returne be not without warrant Vpon the Elegit for that vpon the Inquisition it appeared that the Defendant had conueyed his land to another vpon condition c. and yet took the profits the Sherife thereupon returned That he and the Iurie were in doubt whither the land were extendable and prayed the aduise of the Court therein Note That vpon an Elegit against one that hath two Mannors the Sherife may deliuer the one Mannor to the Plaintife in the name of the moitie of all and is not bound to deliuer the moitie of each Mannor And so of two acres of land but this seemeth to bee where the two Mannors c. bee of equall yearely value Breue de Estrepement Estrepement Note that the Sherife by force of this Writ may resist them which are about to make Wast and if otherwise he cannot stay or refraine them from making Wast he may imprison them or make his Warrant to others to imprison them and if it be needfull hee may take Posse Comitatus for his or their aid Extent Extent sur Recogn ' ou Statute Virtute istius breuis c. Cepi corpus infranom ' I.S. cuius quidem corpus ad diem locum infracontent ' parat ' habeo prout interius mihi praecipitur Residuum execut ' istius breuis patet in quadam inquisitione huic breui annex ' A.B. Armig ' Vic. Inquisitio indentat ' capta apud c. 4. die Aug. Anno c. coram c. virtute breuis Domini Regis mihi direct ' huic inquisic ' annex ' per sacrament ' c. Qui dicunt super sacram ' Quod B.C. in breue prad nom ' die recog ' debit ' in eodem breue specificat ' fuit seisitus in Dominico c. de et in manerio de A. in Com' praed clari annui valoris in omnibus exitibus vltra repress C. li. ac de et in Manerio c. Et vlterius iurat ' praed super sacram ' suum pÌ„d dicunt quod praedict ' B. C. die Recog ' debit ' pÌ„dici ' seu vnquam postea nulla alia c. ad eorum notitiam quod extendi appreciari aut in Manus dicti Domini Regis cepi aut seisiri possunt Quae quidem maneria Terr' et Tenementa praedict ' cum pertin ' ego praefatus Vic die captionis huius Inquisic ' cepi in manus dicti Domini Regis per extent ' praedict ' In cuius rei testimon ' c. I.S. infranom ' non est inuentus in balliua mea ideo ipsum capere non possum ad praesens Sed quoad extend et appreciand omnia terras et catalla ipsius I.S. iuxta formam istius breuis executio inde patet in quadam inquisic ' huic bri ' consut ' Quae quidem terr' et catalla in dicta inquisit ' content ' in manus Domini Regis seisiri feci I.S. infrascr ' non est inuentus in balliua mea Et vlterius certifico quod seisiri feci in Maner ' Domini Regis Manerium c. in inquisic ' huic breui consut ' spec ' prout interius mihi praecipitur Residuum execui ' c. Vpon an Extendi facias vpon a Statute Merchant the Sherife may return that the partie non est inuentus and that he hath extended the land and deliuered the same to the Plaintife Vpon an Extent of a Statute staple which is to take the bodie and to extend the lands and goods the Sherife returned that hee hath extended the land but speaketh not of the goods and though this be but part of that the Sherife was commanded to doe yet it was holden to be good for the land Vpon an Extendi facias vpon a statute Merchant the Sherife returned that he had extended the lands but did not returne that he had deliuered them to the Plaintife whereupon hee should haue beene amerced Vpon an Extendi facias vpon a Statute Staple the Sherife extended the lands of the Defendant and preised his goods and seised them into the Kings hands according to the Writ but deliuered them not to the Plaintife which he indeed is not to do vntill the Liberate commeth to him although he ought to haue returned that extent and preisement and after a Writ of Praerog ' came out of the Exchequer commanding the Sherife to leuâ—e first an hundred pounds for the King c. and the Sherife returned the speciall matter vpon the Writ out of the Exchequer Et ideo nihil inde fecit c. and the Sherife was therefore amerced and was compelled to returne the Extent in the Exchequer for the Kings Debt Otherwise vpon an Extendi facias the Sherife may returne the special matter scz That he cannot make execution for that another hath those Lands in execution by force of an Elegit c. or for that another is in by discent c. for that they are not to bee put out of possession without a Scire facias Vpon an Extendi facias vpon a Statute it hath beene holden a good returne that the partie hath no land but onely in antient Demesne Quaere vide hic cap. 26. Vpon an Extendi facias sued by two vpon a statute the Sherife returned That one of the Plaintifes was dead and good Or the Sherife may returne the Conusor Mortuus Vpon an Extendi facias the Sherife returned that the Conusor was dead and also an Inquisition of the Extent of the lands of the Conusor but in the Inquisition no certaine estate was returned but that the Conusor fuit seisitus die Recognit ' c. de Manerio de A. without shewing of what estate and this returne was held insufficient for that seisitus may be for life or in taile in which cases the land after the death of the Conusor is not extendable So that where the Conusors death appeareth in the Returne there of necessitie his seisin must be found to bee of an estate in fee simple onely Vpon an Extent of a Statute the Sherife returned the extent of the land and not of goods and it was allowed Vpon an extent of a Statute Merchant if the Sherife returneth Tarde or returneth Mandaui balliuo libertatis he shall be punished Quaere The Sherife returneth that none came to receiue the land per quod deliberat ' facere non potuit good Also he may returne Non est inuentus nec
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
c. Note that the Kings Suits shall bee preferred and his debts shall bee first payd But for the kings Debts the Sherife is not chargeable or accomptable neither may he distreine for or otherwise leuy the same without Proces or other warrant CHAP. 11. Issues THe word Issues in our Law seemeth to be taken three wayes or in three manners to this our purpose 1 First For the Issues and profits of lands or tenements as where the King is entituled to haue the Lands or profits of lands of persons attainted or outlawed or for alienation without Licence or in mortmaine for a condition broken or the like whereof postea 2 Secondly For such Issues profits of the Countie which goe vnder the name of Viscountiels whereof hic Cap. 3. hic postea 3 Thirdly For Issues to be lost for default of apparance scz by Iurors or by the Tenant or Defendant c. of which here For this last sort these Issues are sometimes set by the Court as an Amerciament fine forfeiture paine or punishment for default of appearance of Iurors Mainpernors or Pledges and sometimes of Witnesses And these Issues or profits thus growing due to the King are to be leuied by the Sherife c. Sometimes these Issues are set and returned by the Sherife to the end to cause an appearance of Iurors of the Tenant and Defendant and these also are to be leuied by the Sherife to the Kings vse Sometimes the lands themselues shal be seised by the Sherife into the Kings hands for default of appearance of the Tenant in a reall Action as in a grand Cape or a petite Cape And in these and the like cases where by Writ the land is seised into the Kings hands the King shall haue the lands to his owne vse and the Sherife shall bee charged with the Issues and profits of the said Lands from the time that the Lands were so seised by him c. Vide hic Cap. 62. What is contained vnder the name of Issues See Cap. 89. How much the Sherife must return in issues vpon the Defendant or Tenant see Ibidem What Issues he must returne vpon Iurors Cap. 90. Vpon whom and what lands such Issues shall be leuied Ibidem If the Sherife shall returne a Iuror in issues who is not sufficient the Sherife is punishable Ibidem So if the Sherife shall returne any issues vpon any Iuror or hundred or which was not lawfully summoned Ibidem Issues If the Sherife shall returne the Issues of any Recognisance Pledge or Mainpernor which at the time of the Return was not sufficient to answer the said Issues and amerciaments the Sherife shall bee charged there in the Exchequer For all manner of Issues and profits of the Countie which runne vnder the name of Viscountiels the Sherife so soone as hee is made Sherife is accountable for the same yet in a summe in grosse But for other Issues lost for default of appearance the Sherif is not accountable nor shall bee charged therewith vntill they shall be estreated vnder the Seale of the Exchequer and that the same estreats shall be deliuered to him Neither may the Sherife leuie the same without such Warrant If such Issues lost for default of apparance shall be returned by the Sherif vpon any man the partie hath no remedie be the Issues neuer so great Now for the first sort scz for the profits of lands after the death of the Kings Tenant in Capite and an Office found the King shall haue Primer Seisin scz the Issues and profits of all their lands from the time of the death of his Tenant Hic Cap. 6. Also the King shall haue the Issues and profits of the lands of such his Tenant aliening without licence scz from the time of the Office found the Kings Tenant who getteth Liuerie out of the Kings hands wrongfully shall answer the Issues behind c. Where the King enters for a Condition broken or for a Mortmaine c. the King shall be answered of the measure Issues and profits of those lands scz from the time of the kings title first accrued And of the Issues of the lands of felons Fugitiues and Outlawes c. scz from the time of the Attainder c. Hic Cap. 14. And so in all these cases the King shall bee answered of all the Issues of the lands after an office thereof found but before an Office found the Sherife or Escheator is not to meddle Hic Cap. 6. An Abator shall bee charged and not the heire for his time If such lands whereof the King is to haue the meane issues or profits shal be in diuers mens hands after the kings title accrued euerie of them shal answer for his time Issues lost for default of appearance either by the tenāt or in any other case of a Distresse infinite as in case of Iurors after a venire fac the Sherife vpon the Estreats out of the Eschequor c. may leuie the same vpon the lands in the hands of the delinquent of his wife of his heire in Tayle of his Successor of his Lessee or farmour of him in reuersion of the purchaser yea in the hands of a stranger whose beasts are their leuant and couehant And vpon these Estreates the Sherife is to leuy and gather vp accordingly these Issues and to bring them into the Eschequor and there to account for them If any Officer c. shall collect or leuie any Issues Estreated to him of any other than of the right person charged by the Estreate with the payment of the said issues they shall bee punished Plus hic Cap. 89. 90. CHAP. 12 13. Amerciaments and Fines AN Amerciament is properly a penalty assessed vpon an Offendor by his equals pro pares scz by the Country vpon Oath or assessed by the Court vpon some Officer of the Court. A Fyne hath diuers significations but to this purpose a Fyne is most commonly taken for a summe of money which is set or assessed vpon an Offendor in some Court of Record by the Court or Iudge there for some contempt or offence and which the offendor doth giue for and in satisfaction of his offence default or contempt Againe that which is assessed by the Court vpon an Officer of the Court for misdemeanor is called an Amerciament Royall But being assessed vpon an Estranger for misdemeanour it is called a Fyne All Amerciaments and Fynes for misdemeanors contempts defaults or other Offence set or assessed vpon any Offendor in any of the Kings Courts the Sherife vpon Processe or Estreats out of the Eschequer c. is to gather vp the same and to account for the same in the Eschequer Those Estreats must rehearse and shew the cause of the Amerciaments c. See hic cap. 90. What persons and for what causes men shall be amercied see my booke at large hic cap. 115. Such lands and such persons as are chargeable or lyable to the paiment of Issues shall also bee
for felony hee shall forfeite his lands and goods otherwise where a man doth abiure for heresie trespasse or other offence A man arrested for felony maketh resistance and so is killed he shall forfeit his goods and yet no attainder So felo de se shall forfeit his goods But an infant Non compos mentis or a Lunatike killeth himselfe they shal forfeit nothing If a Parson or other Ecclesiasticall man shall commit felony or shall bee vtlawed or otherwise shall forfeit his goods the Sherife c. may seise his goods and his Tythes receiued wheresoeuer they lie or be The petty Iury attainted in a Writ of attaynt shall forfeit all their goods and the profits of their lands during their liues Affrayors before any Iustice sitting in place of Iudgement shall forfeit their goods and the profits of their lands So Affrayors in Westminster Hall sitting any of the kings Courts Persons wearing any priuy Armor in the kings Pallace or in Westminster Hall shall forfeit their Armour Persons riding or going armed Offensiuely forfeit their Armour and the Sherife must seise it preise it and shall be answerable for it See plus hic cap. 11 12.52 CHAP. 14. Other forfeiture of Goods GOods stollen and after wayued scz left or cast away by the felon when he is pursued are forfeit to the king And the Sherife or any other may seise them to the vse of the king but if the felon had not the goods with or about him when he fled then they are not forfeit Goods confiscate scz goods stollen or found in the felons possession which are lost by default of clayming them or by disclayming them c. such goods are forfeit to the king and the Sherife shall be charged therewith So of Goods stollen if the owner shall not persecute and giue euidence against the felon to attaint him Estrayes scz where any beast or cattell or swans commeth within any Lordship and none knoweth the owner thereof then it shall bee seised to the vse of the King or of the Lord c. But the Sherife or other Officer that shall seise an Estray ought to proclaime it according to law scz Once in the Church and in the two next market townes Deodands scz any goods causing the death of a man shall be forfeit Note that the Iury which doe finde the death of the man must also find preise the Deodand the Sherife may presently seise the same for the king Or may leaue or deliuer them to the town and the Sherife shall be charged to leuy the price thereof of the towne whether the same were deliuered to them to keepe or no. Goods of Egyptians the Sherife within one moneth after the arriuall may seise them to the Kings vse And yet euery person that shall proue by two credible witnesses before the Sherife that any of those goods were craftily or feloniously taken from him shall be presently restored thereto by the Sherife vpon paine to forfeit the double value A man vtlawed for Treason or felony shall forfeit his lands c. And all his goods which he had at the time of the exigent awarded or at any time after And although he shal be afterwards acquited of the felony or shall yeeld himselfe vpon the exigent yet he shall forfeit the profits of his lands all his goods for that such absenting himselfe is accounted a flying in law Also for vtlary in any personall action he shall forfeit the profits of his lands and all his goods reall and personall which he had at the time of the Vtlary pronounced and the Sherife or Escheator ex officio may seise to the kings vse all the profits of the lands in his possession and may mowe seuer and take all the corne and grasse growing and may take the feede and herbage of the grounds and take the rents of his fermors to the kings vse But the kings Officers may not meddle with the possession of the freehold lands scz to plow sowe grant or let the same Neither may they crop any trees nor cut any vnderwoods growing vp the Freehold nor any other thing which is not cut or taken yearely And yet if Tenant for yeares bee vtlawed the kings Officer may seise that land terme and may plow sow and occupy the same land and take all other profits thereof as the termor might Also goods which the party vtlawed hath ioyntly with another the kings Officer may seise the whole for the king Goods bayled by the party vtlawed to another to keepe may bee seised and taken for the king The party vtlawed makes his Executor and dyeth his goods in the hands of his Executor may be seised for the King A Ward shall bee forfeited by vtlarie But no goods annexed to the freehold shall be seised for vtlary Deere in a Parke shall not be forfeit by vtlary in a personall action Goods which the party vtlawed hath as Executor shal not bee forfeite Goods demised or letten nor goods pawned or lawfully distreined shall not bee seised for vtlary quousque c. Also where the Lord of a Mannor or Franchise hath by charter the goods of felons fugitiues or outlawes there the Sherife is not to meddle with or to seise such goods c. When the Vtlary with the Exigent is returned by the Sherife into the Court c. then is it a good Vtlary to disable the party to sue c. And yet before the retorne it is sufficient for the king and therefore the kings Officers may seise the goods of the party vtlawed presently after the vtlary pronounced and keepe them But the Sherife may not sell the parties goods before the Capias vtlagatum commeth to him And vpon the Capias vtlagatum the Sherife may eyther sell them or keepe them to the Kings vse And yet for that the Sherife by this writ is not commanded to sell the goods therfore if the vtlary be reuersed by a writ of Error the defendant shall haue restitution therof although they were sold except that the Sherife hath accompted for them in the Eschequor before the Vtlary reuersed Vide hic cap. 59. The Sherife may not arrest the body of him that is outlawed in any personall action without a writ of Capias vtlagatum But otherwise where the Vtlarie is for Felony or Treason If the King shall pardon a man who commeth in vpon the Capias vtlagatum before that the partie be satisfied yet if it bee after iudgement the Sherife must take heed that hee doth not suffer him to escape vntill the party be satisfied Also vpon Vtlarie retorned by the Sherife a writ sometimes goeth out to the Escheator to seise the goods and chattells and the profits of the lands of the partie vtlawed CHAP. 16. Treasure Troue TRreasure Troue is where any money plate or bullion is found hidden in the ground or earth in any place the owner thereof being vnknowne And such money or goods the King is to haue and the Sherife is
Writs concerning common Plees Reall or personall are of two sorts scz Praecipees or Si fecerit te Securum c. Vpon Praecipees the Sherife is to command the defendants to doe somewhat in certen which the Plaintife sueth for which if he doe not then the Sherife is to serue the processe But vpon Si fecerit te Securum the Sherife is to serue the processe without more adoe CHAP. 23. Warrants vpon meane proces their formes THe Sherife or his Vndersherife to whom any meane Processe or Writ shall be deliuered are either to execute it themselues or else are speedily to make out warrants to their baylife or other Officers for the execution thereof And these warrants must bee made according to the seuerall natures of the Writs which for the substance will direct them therein But whether these warrants be made in Latin or English it is not materiall so that they bee made in due forme The forme of a warrant from the Sherife to the Baylife to cause one to appeare A. B. Cantabr Miles vicecom ' Com' pred balliuo (a) (a) Libertatis de E. Omnibus balliuis meis tam infra libertat ' quam extra Omnibus balliuis meis infra comit ' pred Hundred de R. (b) (b) Necnon I. W. T. B. balliuis meis hac vice eorum cuilebet salutem Ex parte Dom ' Regis (c) (c) Vobis coniunctim diuisim Vobis cuilibet vestrum coniunctim diuisim tibi mando quod (d) (d) Capiatis seu vnus vestrum capiat capias I.S. si c. Et eum saluo c. Ita quod habeam corpus eius coram (e) (e) Domino Rege if in the Kings Bench c. See cap. 75. Iustic ' Domini Regis apud Westm in (f) (f) Die Iouis prox ' post Octob. Octobris Sancti Hillar ad respond C. D. de ê‘lito (g) (g) Transgressionis Conuentionis Detentionis c. Debiti Et hoc c. Datum sub sigillo Officij mei decimo die Aug An' regni Domini Regis nunc Angliae c. 3. Per A.B. milit vice com' Warrant de Destring ' Cantabr A B. c. vt supra mando quod distring ' I.S. de W. armig ' ê‘ omnes terr' catalla sua c. Ita quod habeam corpus eius coram Iustic ' c. Ad respondend tam Domino Regi quam I. D. de ê‘lito transgress c. sub poena C.s. Alias Ita quod habeas corpus eius coram Iustic ' domini Regis ad pacem in Com' praed ad prox ' Session ' suam apud C. tenend ad respond dicto domino Regi de diuersis transgress vnde Indictatus est c. sub poena 40 s Another forme of a Warrant Decimo die Aug. An' Dom ' 1628. By vertue of the Kings Maiesties writ to me directed Cantabr retornable Coram Domino Rege apud Westmon die Iouis prox ' post quind saÌ„ct Hillarij c. reciting the words in the writ you shall arrest I.S. if he may bee found within my Bayliwicke to answer to C. D. in a plea of trespasse c. or in a plea of debt c. according to the writ Datum sub sigillo Officij mei die anno suê‘dictis ê‘ A.B. Milit ' Vicecom ' To I.P. and R. S. my speciall Bailifes in this behalfe ioyntly and seuerally greeting A good forme of a warrant to be vsed vpon Executions or vpon a Capias vtlagatum c. Cantabr A. B. Miles vic' Com' praed omnibus balliuis meis tam infra libertat ' quam extra Necnon I.B. C.D. balliuis meis hac vice tantum salutem Ex parte dom ' Regis vobis cuilibet vestrum coniunctim diuisim mando Quod Capiatis seu vnus vestruÌ„ Capiat I.S. si c. vt supra CHAP. 24. Executions how to be done and executed And first vpon a Statute Merchant VPon a Statute Merchant Statute Marchant the Sherife vpon the Capias must first take the body of the Conusor or Debtor if he be a Lay-man and can bee found and must keepe him safely in prison vntill he hath satisfied or agreed for the debt and damages And after halfe a yeare which time is giuen to the debtor being taken to sell his lands and goods to pay his debts if the debt be not satisfied then vpon an Extendi fac ' the Sherife shall by a Iury preise the lands and goods and then shall deliuer all his lands and goods to the Creditour by a reasonable rate extent or value and yet the body shall remaine still in prison vntill the debt be paid Also vpon the Capias if the party canot be found and that a Non est inuentus bee retorned by the Sherife an Extent or Extendi facias shall goe out against the Conusors lands and goods and against his body vpon which the Sherife shall presently cause all the Conusors lands and goods to be preised by a Iury and to be deliuered to the Creditor or else hee may cause the goods to be sold so far as the debt doth amount and the debt to be presently paid to the Creditor And the Sherife shall deliuer the same lands and goods to the Creditor at a reasonable price scz as much as doth amount to the debt c. And here if the Sherife shall retorne that he hath extended the lands c. he must retorne further that he hath deliuered the same to the Plaintife Hic cap. 58. If the preisors of the lands or goods scz the Iurors doe ouer value them then shall the same lands and goods be deliuered to the same preisors at the same price and they forthwith shall be answerable vnto the Creditor for his debt or duty contained in the Statute Merchant and chargeable with the payment thereof at such dayes as the Rents or reuenues are payable or receiuable CHAP. 25. Execution vpon a Statute Staple VPon a Statute Staple the Sherife vpon the Writ of Execution shall take the body of the Conusor si laicus fit c. And shal also presently by a Iury extend and value or preise his lands Tenements goods and chattels But the Sherife must seise the lands and goods into the Kings hands and shall retorne the same extent and Presentment into the Chancery whereupon a Liberate shall come to the Sherife to deliuer those lands and goods according to the same Extent or Preisement to the Conusee if he will to the value of his debt and damages c. And so note that vpon a Statute Staple the Extent and preising of the lands and goods of the Conusor shall be first made and retorned by the Sherife But the Sherife shall make no deliuery thereof to the Conusee till the Liberate come vpon which Writ deliuered to the Sherife hee shall then without any other Inquisition deliuer to the Conusee such lands and
of these Knights and Burgesses hee shall forfeit to the King an hundred pounds and to the partie not duely returned C. l. and haue one yeres imprisonment These Citisens and Burgesses of cities and Burroughs ought to bee chosen of persons dwelling and free in the same Cities and Burroughs and none other in any wise Tamen aliter in vsu Also the Sherife after he hath receiued a Writ for the leuying of the expences of these Knights at their next Countie Court are to make Proclamation That all Coroners chiefe Constables Baylifes and others which will be present at the next Countie Court after to ass sse the fees or wages of the Knights c. At this assessement the Sherife or Vndersherife ought to bee in person with the Coroners and Constables to assesse the wages And the Sherife in the presence of them that come in the full Countie shall assesse euerie Hundred to a certain summe by it selfe so that the whole summe of all the Hundreds do not exceed the summe due c. Also the Sherâ—fe c. shall then also assesse euery village c. to a certaine summe so that the summe of the townes exceed not the summe assessed vpon the Hundred of which they bee sub poena thirtie pounds Euerie Knight of the shire is to haue thirteene shillings foure pence by the day to be paid by the Countie If any Sherife shall leuie more than shall be due or shall not speedily leuy so much as shal be due or shal not deliuer the same to the Knights according to the said Writ he shal forfeit xxx.l. c. The Sherife may distreyne for the moneys so assessed and he may distrein the whole Heard of Cattell of the Towne or the goods of any particuler man of the town for these Monies Also the sherife my sell the distresses so taken Note that the Sherife shall assesse no Village or place hereunto but such as antiently haue beene chargeable Also the freeholders tenaÌ„ts of such Lords c. as come to the Parliament are not to be assessed for their laÌ„ds holdeÌ„ of such Lords except by prescriptioÌ„ Also Burrough townes which send Burgesses to the Parliament shall not pay or contribute to these wages except it be by Prescription Lords and Tenants in Antient Demesne shall be acquited of payments to these expences for such their land c. Also Copiehold lands are not chargeable to these expences CHAP. 93. The Sherifes duty in executing the writ of Redisseisin Redisseisin VPon this writ the Sherife is first to summon the disseisor and the ter-tenant to bee before him at such time when he makes this his Inquisition But the summoning of the ter-tenant seemeth onely to bee for him to giue in euidence The Sherif in this businesse is made a Iudge and therefore he must in person goe vnto the lands or tenements wherof the plaint is made to see them yea though it be within a Liberty He must sit and make his Enquiry in proper person and vpon the land c. Or at least he must cause the Iury to goe see the lands c. And then to hold plea of the matter He must haue the assistance of 2. Coroners at the least to sit with him at the taking of the Inquisition And these Coroners should ioyne with the Sherife in making vp of the Record But the Sherife is only Iudge herein The Sherife at his Inquisition must also haue with him certaine Knights or other lawfull men being neighbors dwelling neere vnto the lands c. And before them and the Coroners the Sherife must make his Inquisition by a Iury. And the Enquiry must be whether the tenant be Redisseised or no and not whether he were Disseised This Enquiry must bee made by two of the first Iurors at the least by so many other neighbours as shall make vp a full Iury. Although all the first Iurors bee lyuing yet the Sherife must take two at the least other new Iurors to bee of this Enquiry Also the first Iurours which must serue vpon this Enquiry must bee of such as did passe vpon the principall action and not such as passed vpon the Enquiry for damages The Sherife may not suffer the partie to haue his challenge to any of the first Iurors But he may haue his challenge to the other Iurors but not to the Array The Sherife herein hath no power to try any Plea out of the point of Redisseisin Nor to suffer or accept of any forreine plea Neither shall he suffer the disseisour to plead any feoffement or release Nor that he hath paid a fine c. If vpon this Enquiry it bee found that the plaintife is redisseised or disseised againe then the Sherife must presently commit such disseisor to prison there to remaine without baile vntill he shall pay a fine to the King And further vntill he shall be discharged of his imprisonment by the judgement of the Kings court and by a speciall writ reciting that hee hath payd his fine to the King c. The Sherife shall receiue no Attorney for either party without the kings writ whether the Lord hath Cognusance in an assise c. yet the sherife shal enter the Franchise and make execution of this Writ but the Sherife shall there write his precept to the baylife of the Franchise to returne the Iury. Vpon the Redisseisin found by the Inquisition the Sherife also must make a record thereof and make returne thereof And in this Record and Returne the Sherife must shew or returne that he hath made his Inquisition c. in the presence of such Coroners c. by so many of the first Iurors and by others c. He must also return Quod accessit ad locuÌ„ or Tent ' a infrascipt ' not accessit ad villam but he may returne Quod apud S. being the towne where the land lyeth fecit Inquisitionem c. And this Inquisition must be returned vnder the Seales of the Sherife and of the Iurors but the seales of the Coroners seemes not to be needfull CHAP. 94. Where the sherife may breake open an house to execute the Kings Writ c. 1. VVHeresoeuer the King is a party or hath any interest in the businesse as for the apprehending of any person for Treason felonie or suspition of felony the Officer may breake open the doores So where one hath dangerously hurt another and then flyeth into an house but here fresh suite must bee made quaere So where an affray is made in an house and the doores shut So vpon a warrant for the peace or good behauiour So vpon a warrant for Iustices of Peace to reseise a house and restore the pâ—rty put out where a forcible Entrie or deteyner was found by Inquisition before the said Iustices So vpon Proces for the apprehending of any Popish Recusant being excommunicated See plus my Country Iustice cap. 78. So vpon a Capias vtlagatum So vpon a Capias pro fine And
THE OFFICE AND AVTHORITIE OF SHERIFES Abridged by the former Author MICH. DALTON of Lincolnes Jnne Esquire Mon entent est de bon̄ amoure IN DOMINO 〈…〉 LONDON Printed for the Companie of Stationers 1628. TO THE RIGHT Honourable THOMAS Lord Coventrie of Allesburrough Lord Keeper of the Great Seale of England and one of his Maiesties most Honourable Priuie Councell Right Honourable THe Office of a Sherife as it is a Place of great Authoritie and Trust in the gouernment of this Commonwealth so withall is it and Office of great perill and danger not onely to the Sherife himselfe but also to the Kings Maiestie and to his Subiects in generall if the same be not truly and carefully executed in euerie behalfe It were therefore meet that such as shall be appoynted thereto be men of Worth and Note not onely for the sufficiencie of their estate but also for their sinceritie and honestie Neither are all these sufficient where the High-Sherife shall trust his Vnder-Sherife with the whole businesse And it is further to be wished That the Gentlemen of the Country vpon whom the burthen of this office lieth would keepe this their Office in their hands and their Vnder-Sherife in their houses that so by their continuall eye ouer their Officers care of their businesse they might the better discharge their dutie herein And for that I conceiued that a plaine discouerie of this Office would giue encouragement to the Gentrie so to vndertake the same the consideration thereof caused me formerly to present to the view of the world my Labours in this Businesse though before they came to any ripenesse And albeit I haue sithence learned little of the Mysteries and secresie of the same Office I meane as it is commonly practised by some vnder Sherifes and therfore cannot yet bring it to any perfection Neuerthelesse I thought it fit according to my poore abilitie still to endeauor my selfe therein and to bring the same at least to a more short easie and readie Method And accordingly I haue herein set down their Authoritie and Office far more plainly and briefely than before with reference to my booke at large where the Reader may receiue more full satisfaction And I haue presumed to labour in this businesse the rather to giue occasion to others better able and experienced to perfect a worke so needfull I acknowledge this my weak vndertaking farre vnworthy of your Lordships iudicious Eyes much more vnworthie so great a Patronage and yet for that I stand bound in duty to submit and lay downe my Labours where I owe my Seruice and againe for that your Lordship in regard of your high Place hath a principall charge vnder the Kings Maiestie for the appointing and naming of these great Officers of Iustice and in regard of your profound Iudgement Wisedome and Experience your Lordship is best able to iudge of the mischiefes and to giue remedie therin as also for that I haue a peculiar relation to that Honorable Court where your Lordship is supreame Iudge To you therefore I humbly and submissiuelie present this little Treatise The God of Heauen and Earth preserue your Honour long amongst vs to the good of his Church and of this Common-wealth Your Lordships in all humble dutie MICH. DALTON To the Noble and Right worthy Knight Sir Gyles Alington Sir THough it bee most safe and easie for a man with the Psalmist to commune with his owne heart in silence according whereto the Prouerbe also sayth Bene vixit qui bene latuit yet for that it is more behoouefull to the Common good either in Church or Common wealth for one of which all men are ordained that such Talent wherewith God hath enabled any bee it neuer so small should bee imployed and communicated to the good of others The consideration hereof hath mooued me to aduenture this as other my former weake Labours to the view of the World And although I haue offred in this my labour to the honourable Patronage of one to whom I am in dutie bound yet withall out of that respect which I doe owe to you I am bold to tender also this little Treatise to your view and to desire your acceptance hereof as a token of my Loue to you to whom I must acknowledge my selfe for many your fauours much obliged and shall euer remaine Your brother in law vnfainedly honoring you MICH. DALTON The Office and Authoritie of Sherifes CHAP. I. Their Name Antiquity Charge COmes Comes The Earle or Countee had antiently the gouernment of the Countie or Shire vnder the King and that charge and custodie which the Sherife now hath for the executing of all matters of Iustice was antiently committed to the Earle Vicecomes Vicecomes the Sherife est vicem gerens seu vicarius Comitis or is as the Earles Deputie and was first ordained to doe that seruice in the executing of matters of Iustice within the Countie in the absence of the Earle which the Earle should doe After Earles by reason of their high imployments and atttendance vpon the King being not able to follow the businesse of the Countie were deliuered of that burthen onely enioying the honour and the authoritie for the administration and execution of Iustice which the Earle formerly had is now committed to the Sherife And yet the Sherife hath this his authoritie from the King by his Letters Patents immediately and not from the Earle Subuicecomes And the Sherife may make his Deputie scz his Vndersherife who in matters concerning their ministeriall Office at this day wholly executeth the place in the right of the High-sherife But where the Sherife hath a iudicial power or is made Iudge of the cause there it seemeth hee must execute it in person and not by his Vndersherife or other Deputie See hereof hic Cap. 4. Sherifes were long before the Conquest Their antiquitie and were first ordained by King Aelfred about An' 872. as some write yet others thinke them to haue bin long time before They are the Kings Deputies within their Countie and their charge Charge is to defend and keep the Kings peace within their said Countie and to suppresse and punish malefactors there to execute the commandements Processe and Precepts of the King and his Iustices and to keepe the Kings rights of his Crowne within their Countie They are also to bee attendant vpon the King in time of warre and to cause all the People of their Countie to goe with the King for to defend the Land against the Kings enemies They also haue the administration of Iustice in some cases committed vnto their charge within their County scz within their Tourne they are to enquire of and deale with matters concerning the King Commonwealth and in their Countie-Court to heare and determine particular suits matters betweene partie and partie What manner of persons They must therefore be men of sufficient estate of lands within the same Countie and such as may
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