coram Iustic ' infrascr ' apud W. die c. vna cum omnibus Executionibus eorundum Et vlterius ad Comit ' meum tent ' apud Cantabr ' tali die anno publice Proclam ' feci quod partes in eisdeÌ„ breuibus nominatis dies suos coram Iustic ' apud W. ad praefatum terminum conseruarent prout istud breue c. Virtute c. Indictamentum illud vnde in dicto breue fit mentio Certiorari or omnia singula Indictament ' R.B. infranominati vnae cum omnibus idem Indictament ' tangentibus in Cancellaria dicti Domini Regis mitto in quadam schedula huic breui Consut ' Retorn ' de Proclam ' extra Cancellar ' Virtute c. publice proclamari feci* infra balliuam meam quod infranoÌ„ ' I. S. sub poena legianc ' suae coram Domino Rege in Cancellar ' sua ad diem infracont ' compareat prout interius mihi praecipitur Necnon dicto Domino Regi certifico quod infranom ' I.S. Non est inuentus in balliua mea * Or such Proclamations would be made in diuers seuerall places and at diuers seuerall times within the same sheire and be returned accordingly The Returne of a Dedimus potestat ' to take the Oath of a Sherife Virtute istius breuis nobis directi tali die anno c. infrascr ' recepimus Sacramentum infranom ' A. B. vicecom ' Com' C. de Officio illo bene fideliter faciend iuxta formam cuiusdam schedulae praesentibus annexis prout interius nobis praecipitur Ac prout istud breue in se Exigit requirit W. S. B. T. Commis Retorn ' Securitatis Pacis sur Supplicauit Ego A.B. ar ' vic' Com' infrascr ' Domino Regi in Cancellar ' sua certifico quod I.S. infranom ' Nullam mihi inuenit securitatem pacis de qua interius fit mentio sed in prisona Domini Regis sub Custodia mea ad presens residet Ego Aliter c. mitto coram Domino Rege in Cancellar ' suam tenorem securitatis pacis de qua in dicto breue fit mentio sub sigillo meo prout istud breue in se exigit requirit Quae quidem securitas huic breui est Consut ' Vpon a Supplicauit directed to the Sherife and Iustices of Peace of that County if it be deliuered to the Sherife he onely ought to execute it scz he is to grant out his warrant to bring the party before him alone to find Sureties for the Peace and he is further to doe in euery behalfe according as the Writ directeth him CHAP. 82. Retorne of Proces out of the Eschequer Retorn ' de Capias extra Scaccarium Corpus VIrtute istius breuis mihi directi Boronib ' infrascriptis certifico Quod Cepi corpus infranom ' I. S. cuius corpus coram dictis Baronibus parat ' habeo ad dieÌ„ infracontent ' See hic cap. 53. Necnon tali die anno infrascr ' Cepi in manus dicti Domini Regis Terre nomine distriction ' certas terras Ten ' infranom ' I. S. iac ' existen ' in B. annui valoris C.s. prout istud breue exigit c. Aliter de terra Virtute c. certifico quod tali die anno infrascr ' Caepi in manus Domini Regis infraspec ' ManeriuÌ„ infrascr ' cum ê‘tin ' prout interius mihi praecipitur Et si sit cum Inquisit ' ê“ annuali valore tunc breue praedictum returnab ' est sic ResiduuÌ„ Execution ' istius breuis patet in quadaÌ„ Inquisit ' huic breui annex A.B. Armig ' vic' Inquisitio Indent ' Capta apud L. in Com' praed ' tali die anno coram A. B. ar ' vic' Com' praed ' virtut ' breuis Domini Regis mihi directi huic Inquis annex ' ê‘ Sacram ' B. C. D. E. c. ad numerum xij iurator ' Qui dicunt super Sacram ' suum Quod c. as the matter is Retorn ' de Seisur ' nomine District ' Virtute Terre c. tali die anno in manus Domini Regis seisiui or Cepi Maner ' de B. infrascr ' cum pertin ' in S. in Com' infrascr ' quod quidem Maner ' est clari annui valor ' in omnibus exitibus vltra repris xx.l. de terris I.S. in schedula huic breui annex ' nominat Ac Cepi etiam in manus eiusdem Domini Regis vnum bouem pretij xx s nomine distriction ' Boni de bonis Catallis I. S. in schedula praed ' nominat ' prout istud breue in se exigit requirit Vide hic cap. 56 how the Returne shall be where he is sufficient Nihil Nullum tale maner ' nec vlla terra seu tenementa cognit ' per nomen de E. iac ' in Com' C. vnde distringere possum Distring ' c. Aliter Infranom ' I.S. nihil habet in manerio terris tenementis infrascript ' per quod ipsum distringere possum prout c. Aliter Infranom ' I.S. nihil habet in balliua mea c. Nec est inuentus c. Aliter Et vlterius Baron ' infrascr ' certifico Quod nulli sunt execut ' vel admin ' bonorum catallorum quae fuer ' infranom ' I.S. vnde ipsos aut eorum aliquem distringere possum Homage Retorn ' Breuis de respect ' homage al Distringas Manucaptores Infranominat I.S. Ioh. Doo Rich. Roo Exitus xx s more or lesse according to the value of the land Retorn ' Breuis de Quis est tenens Virtute c. certifico Quis tenens Quod W.B. M. vxor eius sunt tenentes tertiae partis Manerij infrascr ' in tres partes diuisas C.A. M.A. I.A. filiae I.A. defuncti sunt tenentes secundae partis manerij infrascript ' in tres partes dâ—uisas Et alia tertia pars Manerij infrascript ' remanet in custodia or manu Domini Regis ratione minoris aetatis P.A. filij haered praedicti I.A. Manucaptor ' praenom ' W.B. M. vxor ' eius Ioh. Doo Rich. Roo Retorn ' quando aliquis ostendit Vic' Tallia Tallia Virtute c. certifico Quod I.S. infranom ' post receptionem istius Breuis mihi ostendit tallia sua de solutione firmae suae interius specific ' Ob quod praefixi ei diem essendi coram Baron ' infrascript ' ad faciend ' recipiend super tallia praedict ' iuxta tenorem huius breuis Et ideo leuatio summ ' interius specific ' Supersed prout mihi interius praecipitur Retorna breuis per collect ' decimae quindecimae extra Scac ' That A. refused to bee Collector of the Taske or to seale the Bond. See my booke at large That C. hath sealed a Bond for the
by the common Law the Sherife is a principall conseruator of the peace and therefore vpon request to him made he may cause another to finde suerties for the peace and may take the same suertie by Recognisance and that ex Officio Yea the Sherife may apprehend arrest and commit to prison all Affrayors and such others as shall in any sort breake or attempt to breake the peace in his presence and within his Countie and may cause them to finde sureties for the peace But yet a Sherife ought not to execute the office of a Iustice of peace in the same Countie by force of any commission of the peace during the time that he is Sherife Also euery Sherife by vertue of his Office may take Posse Comitatus in these cases following scz When any of the Kings enemies shall inuade the land When any rebellion insurrection or ryot c. shall be To pursue apprehend and imprison Traitors Murderers Robbers and other Felons and that as well within Franchises or Liberties as without To execute the Processe and Warrants of the King and of his Iustices Plus hic cap. 95. Also vpon notice of any ryot vnlawfull assemblie Affray or other offence against the Peace the Sherife ought to raise the power of the Countie if need be to apprehend and imprison such malefactors They may arrest and commit to the Gaole all persons by them suspected which be vagrant or which shal walke by night or day and be of euill name or fame And it seemeth they may bind ouer such persons with Sureties by Recognisance to the next Sessions or Gaole deliuerie They may arrest and commit to the Gaole all such as goe or ride armed offensiuely scz in affray of the Kings People and may take away their Armour to the Kings vse and prcise the same by the oathes of some present If any Subiects Purueyour or Cator shall take any mans goods or any carriage against the ownors will the Sherife vpon request and notice thereof is to arrest and imprison the offendors c. sub poena 20. li. The Sherife or Vnder-sherife sub poena 100. li. must ioyne with the Iustices of peace 1 To arrest and imprison Ryoters c. 2 To record the Ryot in writing 3 To enquire thereof by a Iurie if they were gone before the comming of the Iustices and Sherife 4 And to certifie the King and his Coâ—ncell thereof if the truth cannot be found vpon such enquirie 5 If the truth thereof cannot bee found by reason of any maintenance they must also certifie the names of such maintainers and their misdemeanors sub poena 20. li. If any persons shall make resistance or disturbance to the Sherife or his Officers in the execution of the Kings Proces it seemeth the sherife may presently imprison such Resisters Sherifes may baile prisoners in diuers cases Hic cap. 96. Sherifes also haue the keeping and the Cognisance and the correction of the Assises of bread and ale and of false weights and measures and may enquire thereof in their Tourne and may adiudge them to bodily punishment See plus hic postea tit Torne ca. 109. Also in the execution of some Writs as in a Writ of Redisseisin in a Writ to enquire of Wast and in a Writ of admesurement c. the Sherife is both a Iudge and an Officer and so hath a twofold authoritie scz As a Iudge to hold plea of the matter to examine it to giue iudgement and in some cases to commit to prison yea and to make out Processe against the offendors As an Officer to execute the Processe and to retorne the same But this iudiciall or absolute power the Sherife cannot grant it ouer neither may he execute it by his Vnder-sherife or other Deputie as it seemeth but must sit and execute it in person although it be within a Franchise CHAP. 5. The ministeriall Office consisteth principally in these things following 1. TRuly to keepe the Kings rights of his Crowne within his Countie scz the Kings Lands Franchises suits c. Cap. 6 7 8. 2 To gather the profits and monies due to the King within the Countie Cap. 9 c. 3 To seise to the Kings vse the goods of Felons Fugitiues persons outlawed treasure troue waifed goods wrecks c. Cap. 14 c. 4 To execute returne all writs commandements directed to him from any of the Kings Courts Cap. 20 c. Note that whatsoeuer the Sherife shall doe in these former businesses Virtute Breuis scz by vertue of the Kings Writ or other Warrant from the Kings Courts is warrantable But what he shal do virtute or colore officij is not always excusable or so safe 5 To impanell Iuries and returne them Cap. 85 c. 6 To be attendant vpon the Iudges in their Circuits c. Cap. 98. 7 To assist the Iustices of peace and to execute their Precepts Cap. 99. 8 To execute the Precepts of other Commissioners Cap. 100. 9 To execute the Precepts of Eschetors and Coroners cap. 100. 10 To assist the Ordinaire in suppressing heresies Ibidem 11 Duly to keepe his Courts scz His Tourne Cap. 106. His Countie Court Cap. 110. 12 To proclaime certaine Statutes c. Cap. 102. CHAP. 6. FIrst The Sherife by his Oath is truly to keepe the Kings Rights scz that they be not decreased cancelled or withdrawne be it in his lands franchises suits or other things Concerning the Kings Lands In antient times Sherifes in their Tornes did enquire of alienations in Mortmaine and of alienations by the Kings Tenants without Licence and in such cases the sherife might haue seised the lands so aliened to the Kings vse as lands forfeited or escheated At this day where any man shall encroach vpon the Kings lands or vpon the Kings Highway or shall leuie or make any house or building wall or hedge c. vpon the Kings land or highway Or shall make any inclosure thereof these are purprestures and to be enquired of and reformed by the sherife in his Torne and they may be seised by the sherife into the Kings hands or may bee pulled downe c. Hic Cap. 107. Where without any offence found or other matter of Record there is a possession in Law vested in the King of any lands c. scz where the Freehold is cast vpon him in law there it seemeth the Sherife or Escheator ex Officio may seise and take the Issues and profits of the same lands to the Kings vse making account for the same As where any lands c. shall come to the King by discent Remainder or Reuerter Also the Kings Officer may seise these things following as Royalties belonging to the King by his Prerogatiue or otherwise comming to the King or Crowne by escheat or forfeiture and to answer the issues and profits thereof c. As First the lands and profits of the lands of aliens within their Countie The lands and profits of such lands as come to the
Iustice 5 Also the Sherife or his Vndersherife is to attend the Iustices of Peace at their generall Sessions of the Peace and the Iustices there may fine him for their absence If the Custos Rotulorum or two Iustices of the Peace the one being of the Quorum shall make their precept to the Sherife to summon the Sessions at a certaine day and place c. the Sherife ought to performe this notwithstanding any Command from any other Iustices of Peace yet two other such Iustices may by their precept command the Sherife to summon another Sessions vpon the same day and at another place 6 The Sherife is to leuy the Iustices wages vpon the Iustices Estreats c. and is to pay the same to the Iustices See hic cap. 125. CHAP. 100. 101. He is to execute the Precepts of other Commissioners SHerifes are to execute all such Precepts and other commandements as shall come to them from any sixe or more Commissioners of Sewers Sewers as wel for returning Iuries before them as also for the execution of all other things contained within their Commission They are also to execute the Precepts of Commissioners of Bankrupts Bankrupts for the returning of Iuries before them for the preising c. of the lands and goods of the Bankrupts as also for the breaking open of their houses and seising of their bodies or goods therein hic cap. 94. They are to returne a Iury before Commissioners assigned to take an account Accompt c. vpon a Precept from the said Commissioners They are to execute the precepts of Commissioners for the Subsedy Subsidy for the distreining or arresting of persons indebted or otherwise for the execution of that Commission They are to returne Iuries for Enquirie before Escheators Escheators and to execute all other their lawfull Commandements They are to returne Iuries for Enquiry before Coroners Coroners vpon their Precept and must further execute all other Precepts and commandements lawfull of Coroners in all things pertaining to their Offices And it seemeth that all these former Commissioners and Officers may assesse a fine vpon the Sherife for not recurning of Iuries before them Also Sherifes must haue Counter-Rolls with the Coroners of all things belonging to the Office of the Coronâ—rs scz of Appeales Enquests Attachments Abiurations Vtlawries and other things Plus inde hic cap. 14. Clerke market Sherifes are to returne before the Clerke of the Market vpon his warrant Iuries to enquire of things belonging to the office of the Clerke of the market Sherifes being required are to ayde the Ordinary and Commissary for suppressing of Heresies called Lollardies Now concerning these Lollards the Statutes made against them are not only repealed but the persons so called were indeed true Christians But without the Kings speciall Writ the Sherife now may not cause any man to be burned for Heresie notwithstanding any warrant from the Bishop to him directed for such purpose CHAP. 102. Proclamation to be made by the Sherife EVery Sherife ought in person 4. times in euery yeare within euery his Hundreds to proclaime the statute of Winchester Winchester made against murthers robberies and felonies They also are to cause the same Statute to be proclaimed by their baylifes in all Fayres and market townes Sherifes hauing receiued the Kings Writ c. ought to proclaime foure times in the yeare all statutes made of Purueyors Purueyors They shall proclaime foure times in the yeare in euery market the statute made against vnlawfull games and for the maintenance of Archery But none of these three former statutes for the Proclamations are in vse now as it seemeth The rates of wages Wages of seruants and labourers c. sent to the Sherife from the Lord Chancellor or Iustices of Peace of the County the Sherife shall cause the same to be proclaimed in euery market towne and to be fixed vpon some post within the same towne c. Hawkes Hawkes lost and brought to the sherife he must proclaime the same in all good townes within his County The Summons Summons in real actions being made vpon the land shall be after proclaimed by the Sherife vpon a Sunday presently after Diuine seruice and sermon and at the most vsual Church doore of the Parish where the land lyeth fourteene dayes at the least before the day of the returne thereof and that proclamation so made shall be by him returned together with the names of the Summoners Vtlatic Vpon euery Exigent where a Writ of Proclamation is awarded c. before the Vtlary shall be pronounced or returned the Sherife to whom any such Writ of Proclamation shall be directed as to make three Proclamations at three seuerall dayes the one in the open County Court another at the generall quarter Sessions the third at the Church doore of the Parish where the defendant dwelleth and vpon a Sunday immediately after Diuine Seruice and Sermon and this third Proclamation is to bee made one moneth at the least before the Quinto Exactus And these Proclamations are to be made to this effect scz That the defendant yeeld his body to the Sherife so that the Sherife may haue the body at the day of the returne of the Exigent to answer to the Plaintife c. Vpon a Writ de Excom ' Capiendo Excom capieÌ„d if Non inuentus be returned then a Capias shall bee directed to the Sherife who thereupon is to make Proclamation in his County Court or at the the Assises or Sessions of the Peace tenne dayes at the least before the returne that the party within sixe dayes yeeld his body to the Gaole c. And such Processe and Proclamation shall bee made vntill the party yeeld himselfe Vpon Indictments Indictments or Appeales of persons dwelling in forreine Counties c. vpon the second Capias directed to the Sherife if he cannot finde the party then he shall make Proclamation in two County Courts that the perty appeare before the Iustices according to the said second Capias In cases of Riots Riots which cannot be found vpon the Enquiry of the Iustices of Peace they and the Sherif are to certifie into the Kings Bench c. and if the offenders doe not appeare there then vpon the second Capias if the offenders be not found the Sherife at his next County Court is to make Proclamation that the offenders appeare within 3. weekes c. Parlâ—ament The Sherife vpon the Kings Writ is to make Proclamation of the day and place of the Parliament c. hic cap. 92. Hee is also to make Proclamation That all that will be present to assesse the fees and wages of the Knights c. ibid. In a Writ of Admeasurement of Dower or Pasture the Sherife vpon the Grand distresse Grand distres must make Proclamation at two County Courts that the defendant appeare at the day c. to answer the Plaintife c.
yet the Sherife cannot breake open a doore or a gate c. to distreme for the Kings rent nor to leuy any fine amerciament issues debts or other such duties due to the King except he hath the Kings Writ c. 2 Vpon a Commission of rebellion out of the Chancerie the Sherife may breake open the doores or house to apprehend the party But quaere if vpon an Attachment or vpon an Iniunction they being the suite of the partie 3 Vpon an Habere facias seisinam or possessionem the Sherife may breake the house and deliuer seisin c. yea the Sherife ought to execute this Writ although that an estranger bee lawfully seised of the house or land c. 4 In Execution of the Commission of Bankrupts by warrant vnder the hands and seales of the said Commissioners the Sherife may breake open the houses chambers shops doores or chests c. of the Bankrupt wherein any of his goods be or shall be reputed to be and to seize vpon the body and goods c. 5 To deliuer cattell impounded c. in a Castle Fort or House c. See hic cap. 114. 6 Also where one being vnder arrest vpon an Execution or otherwise shall escape into an house vpon pursuit the Officer may breake open the house to take his prisoner againe 7 So wheresoeuer the Officer hath once lawfully entred the house or into one roome he may breake open any other roome there vpon refusall to let him goe in 8 If the doore be open and the Officer commeth to the house and sheweth the Kings Proces and offereth to enter to execute the same and then the doores be shut against the Officer here the Officer may breake open the house c. for that here he had lawfully begun to execute his Proces 9 Where the Officer hath once lawfully entred an house to make execution of his Proces the doore being open and then the doore is shut and so the Officer is detained prisoner in the house the Sherife is to deliuer his Officer may breake open the house Bâ—t where the outward doore is shut before the comming of the Officer there he cannot iustifie the breaking open of the house or doore to execute any Proces vpon the body or goods of any person at the suit of any subiect for any debt dammages or the like And yet in all cases if the outward doore be open the Officer may enter and make execution of any Proces at the suite of any Subiect otherwise if the doore be shut though onely latched But note wheresoeuer the Sherife may breake open an house yet first hee ought to make request to haue the dore opened and withall he must signifie the cause of his comming Also hee may not breake open the house or doores â—here he may enter otherwise But the Law giueth no colour in any case to break open a mans house by night except onely for the apprehending of traytors or felons Neither shall any mans house priuiledge or protect any stranger for their body or goods to preuent the Kings Proces Vide et Nota. Vpon a Fieri facias the Sherife breaketh open a dore or a chest to take goods in Execution an action lyeth against him for breaking thereof CHAP. 95. Where the sherife may take Posse Comitatus THe Sherife and his Officers may take the power of the County as well for the safegard of their persons as to execute the Kings Proces or Writ be it a Writ of Execution Repleuin Capias c. or any other Writ and such as shall not assist the Sherife and his Officers therein being required shall pay a fyne to the King The Sherife also may take Posse Comitatus to execute the precept of the Iustices of peace as in case of a forcible entrie c. to make restitution c. Also when any of the Kings enemies shall inuade the land the Sherife in defence of the Realme may take Posse Comitatus hic cap. 1. So when any rebellion or riot c. shall he hic cap. 4. So to apprehend traytors or felons hic cap. 4. So where the Sherife findeth any resistance in the execution of his Office Hic cap. 36.58 63. Note that the Sherife or his Officers may take the power of the County by force of the Common Law And in all cases where the Sherife c. may take Posse Comitatus there he may command the aide and attendance of all persons within his County that are able to trauell and be aboue the age of 15. yeares And in such cases it is referred to the discretion of the Sherife what number hee will haue with him and how and in what manner armed The Vndersherife as also the Sherifes baylife or seruant hauing the Sherifes warrant haue the same authority to take Posse Comitatus in euerie behalfe The Sherifes baylife to execute a Repleuin tooke with him three hundred men armed modo guerrino scz with gunnes c. and it was holden lawfull But the Baylife in such cases must be a knowne baylife and must haue the Sherifes warrant to doe this CHAP. 96. Bailement of Prisoners IF the Sherife shall detaine any prisoner which is baileable after sufficient sureties offered the Sherife shal be punished If the Sherife shall baile any person which is not by him baileable hee shall be punishable to the King and partie grieued And if the prisoner were in for felonie and the Sherife bayleth and deliuereth him this is felonie in the Sherife except it be by vertue of the Kings speciall Writ But Sherifes and their Officers ought to let to baile all manner of persons by any of them arrested or being in their custodie by force of any Writ Bill or Warrant in any Action personall or vpon any Indictment of Trespasse vpon sufficient sureties offered to appeare at the day and place where and when the same Writ c. are returnable And yet Sherifes may not baile any person in any of these seuen cases following scz such as are in their custodie 1 By condemnation vpon any iudgement 2 Vpon a Capias ad satisfaciendum or other Execution 3 Vpon a Capias excommunicatum 4 Vpon a Capias vtlagatum 5 For suretie of the Peace 6 By commandement of any Iustice 7 Nor Vagabonds or idle persons refusing to serue Neither shall the Sherife bayle any person or prisoner taken for any manner of treason or felonie And yet a prisoner in the Gaole for felonie may by the Sherife bee bayled vpon the Kings speciall Writ of Mainprise Also persons committed vpon an Indictment for Trespasse or other like offence before Iustices of peace the Sherife may baile them binding them to the next Sessions c. Now wheresoeuer the prisoner is baileable thereafter the Arrest the officer ought to take sureties by obligation Obligation for the appearance of his prisoner In the formes of such obligations these three things are to be obserued otherwise the obligation will be void 1 The
bond must bee made to the High-sherife onely or to his vse and to none other person 2 It must bee made to him by the name of Sherife 3 There must nothing be put into the condition of the bond but onely that the defendant shall appeare at the day and place in the Writ specified to doe as the Writ requireth A bond made to any person for the inlargement of a prisoner saue only to the Sherife is void A bond made to the Sherife to such purpose without a Condition is void A bond made with addition of any clause or word in the Condition to any of these purposes following scz to saue harmelesse to yeeld his body prisoner to bee true prisoner to pay money charges or fees or for meate or drinke or for any other â—hâ—ng than onely for appearance of the prisoner is void A verball promise or assumpsit in such cases is void Also it is safe for the Sherif that the the party bailed bee bound with two sureties hauing sufficient within that Countie And for the sureties their number and suffficiency and the sum wherein they shall be bound all these are left to the discretion of the Sherife or Officer But bonds taken by the Sherife of the defendant being neither in prison nor arrested with condition to pay the money recouered in Court or to pay it to the Sherife seemeth good The Sherife leuieth goods vpon a Fieri fac ' and then sels them to the party and taketh his bond for the mony this is good So if the Sherife taketh Bond for the payment of money due to the King vpon an Estreat out of the Exchequer it is good So if the Sherife attacheth goods and taketh bonds for them And it seemeth that the Statute of 23. H. 6 doth make voyd onely Obligations made by prisoners or persons arrested or made by any other for the inlargement of the prisoner or person arrested CHAP. 97. The forme of a Bond for appearance NOuerint vniuersi per praesentes nos B.C. de c E. F. de c. G.H. de c. teneri firmiter obligari A.B. Armig ' Vicecom ' Com' praed in xl l. c. soluend eidem Vice comiti aut suocerto attornato execut ' siue administ ' suis ad quam quidem solutionem c. as in other Bonds A Condition for apparance The Condition of this present Obligation is such That if the aboue bounden B.C. doe appeare coram c. according to the Writ to answer to I.D. in a plea of Debt or Trespasse as the Writ is That then c. Sealed and deliuered to the vse of the aboue named Sherife in the presence of A.R. and T.S. A Condition to appeare in the Starre-Chamber The Condition of this present Obligation is such That if the within bounden I.S. doe personally appeare before the Kings Maiestie and his most honourable Councell in the Court of Starre-Chamber at Westminster such a day and so from day to day and not to depart without licence of the sayd Court That then c. A Condition for appearance at the Sessions Conditio c. Quod si infra obligatus I.S. in propria persona sua compareat ad proxim ' Session ' Iustic ' Pacis in Com' C. post Festum c. proxime futur ' tenend ad respond Domino Regi de diuersis offensis vnde indictatus est Quod tunc c. A Condition to appeare in the Common place vpon an Exigent Conditio c. Quod si I. S. de c. in propria persona sua compareat coram Iustic ' Domini Regis apud Westm ' a die Sancti Michaelis in tres septimanas proxim ' futur ' post datum infrascript ' ad respond R.W. in placito debiti secuÌ„d formam vim effectum cuiusdaÌ„ breuis de exigend infranom ' Vicecom ' direct ' Quod tunc c. CHAP. 98. Their attendance vpon the Iudges of Assise c. 1 VPon a Precept from the Iudges of Assise c. the Sherife is to summon the Assises c. and to returne the same 2 The High-Sherife is personally to attend vpon the Iudges in their Circuits for the executing of their Precepts and Commandements and to take charge of all prisoners in the Gaole and for the execution of Felons condemned to die which sentence he must see executed and for inflicting punishment vpon other offendors according to his office 3 He is to make and deliuer at euerie Assises to the said Iudges a Kalender of the names of all the prisoners which are or were in their custodie for Felonie or otherwise with the cause of their commitment and by whom they were committed and by whome any are bayled sub poena v. l. And withall the Sherife is to make and to deliuer to the said Iudges a Kalender of the names of all the Iustices of peace Coroners Stewards or Baylifes of Liberties and Baylifes of Hundreds Also all Baylifes and other Ministers of any Franchise c. must be attendant to the Iudges of Assise c. And the Iudges of Assise may fine the High-Sherife other the said Officers if they faile either in their attendance or for any other negligence misbehauiour or misdemeanor in their office before them The Iustices assigned to heare and determine Felonies may award their Processe to the Sherifes of any other Countie where a prisoner indicted before them of felonie is dwelling to apprehend him the sherif of such other county is duly to execute the same processe Note that the Sherife may not stay or delay the execution of any prisoner condemned to die without the commandement of the Iudges CHAP. 99. The Sherife is to assist c. Iustices of Peace 1 IN some cases the Sherife is to ioyne with the Iustices of Peace As first for the suppressing of Riots Routs and vnlawfull assemblies For the arresting and imprisoning of the Offenders For the Recording of the Riot And for enquiry thereof according to the Statutes 2 If the truth of the Riot can not be found out vpon this enquiry then within one moneth the Sherife is to ioyne with the Iustices in a certificat of the fact and circumstances c. into the Kings Bench or c. If the truth be not found by reason of any maintenance they are to make another certificat of the maintainers and of their names and misdemeanors Plus hic cap. 4. 3 The Sherife also is to attend goe with and to assist the Iustices of Peace for the arresting of such as make any forcible Entrie or Deteiner of possession and for the remoouing of the force and of the offenders 4 The Sherife must make due execution of the precepts of the Iustices of Peace for the returning of Iuries before them to enquire of forcible Entries or Riots c. sub poena twentie pounds The Sherife also must duely execute all other precepts and lawfull warrants directed to him froÌ„ the Iustices of Peace for ministration of
haue leuied or receiued and shall be pretended not to be accompted for c. vnlesse such Sherife shall be called in question for the same within foure yeares after the time of their accompt and Quietus est Stat. 21. Iacobi cap. 5. And euery Officer that shall send out any Proces or by whose default any Proces shall be sent out contrary to the said Statute shall for euery such offence forfeit to the party grieued 40. l. and besides shall pay costs and dammages c. ibid. CHAP. 126. The principall matters wherein there is any great danger to Sherifes IF any Sherifes shall exercise his Office before he hath taken his oathes scz to the Supremacy and for the due Execution of his Office he is punishable in the Starre-chamber So if he shall not performe his oath concerning his Office He must put in sureties by Recog ' in the Eschequer before he exerciseth his office sub poena C.l. He may not abide in his Office aboue one yeare sub poena 200.l Hee may not be in that Office againe within three yeares sub poena 200.l He may not let to farme his County c nor his Office in any manner sub poena 40.l He must appoint Deputies in the Courts at Westminster before heare-turnes any Writ sub poena 40.l He must appoint Deputies foure at least to make Repleuies in the country sub poena for euerie moneth 5. pound Escape Vpon an escape of a felon voluntarily suffered by his Gaoler the Sherife may be indicted of felony Quaere tamen but at least it seemeth the Shemay bee fined to the value of his goods Also for a negligent escape he may be fined If he shall bayle a prisoner who is in for felony except it be by speciall Writ it is felony If he shall conceale any felony done within his County hee shall haue one yeares imprisonment and bee fined at the Kings pleasure Vpon an escape of one taken in execution for debt or dammages hee is chargeable for the whole If an accomptant committed to prison by Auditors be bayled or suffered to goe at large without consent of the Master the Sherife is chargeable for the whole debt If the Accomptant be brought to the Gaole by the Auditors and the Gaoler will not receiue him whereby he escapeth the Gaoler or Sherife is chaâ—geable for the debt If a felon sent to the gaole bee refused and so escape Quaere if it bee not a voluntary escape so felony in the gaoler at least If the Sherife shall make any warrant without an Originall he shall forfeit 20. l. to the King and 10. l. to the party and be committed quousque Arrest Vpon any arrest to be done if they or their Officer take any thing to omit the arrest or otherwise not to do their duty they forfeit 40.l So if for any reward they shew fauour to any person arrested So if they take any fees contrary to the statute So if they deteine any prisoner being bayleable after sufficient Sureties offered So if they bayle any prisoner which is not bayleable the Sherife for euery of these shall forfeit 40.l They ought to array their Pannells for the Assises sixe dayes before sub poena 40. l. They must deliuer copies of such Pannells as they returne for Trialls to each party demanding the same sub poena 40. l. They must returne Pannells as they shall be reformed by the Iustices sub poena 20.l They must returne none of their seruants or Officers vpon any Iury sub poena to pay treble dammages and 40.l They must returne sufficient Iurors to enquire of Riots c. sub poena 20.l They must returne due Issues vpon euerie Iuror sub poena 20. li. in some Cases and in some Cases 40. li. If they make a false Returne vpon a Capias Excom ' they forfeit 40. li. The Sherife hath been amercied at fiftie markes for his false returne of an Exigent The Sherife fined at 40. l. for not returning an Habeas Corpora Iurator ' Sherifes not returning false returning or misreturning of any Writ shal pay such fine or amerciament as shall be assessed by the Iustices So if the Sherife returneth a Writ without setting his name thereto Sherifes not making due election of Knights for the Parliament Parliament or making a false returne thereof shall haue one yeares imprisonment and forfeit 200.l If they be negligent in making returne of this Writ they shall haue one yeares imprisonment and besides shall forfeit 100.l So if they leaue out of their returne of this Writ any City or Burrough which ought to come to the Parliament They must assesse according to the statute euery hundred and towne towards the wages of the Knights of the Parliament sub poena 30.l If they shall leuy vpon any towne more then is so assessed they shall forfeit 30.l So if they shall not pay and deliuer the same mony c. they shall forfeit 30. l. They may leuie no issue without warrant Issues sub poena to be fined to the King and to pay treble dammages to the party grieued They may leuy no debt Debt for the King without shewing to the party the Estreat of the same vnder the seale of the Eschequer sub poena to bee fined and to pay treble dammages So if they shall leuy any duty for the King or for any subiect without warrant and shall after conuert it to their owne vse c. They must execute the Writ directed to them vpon the Statute of 31. H. 6. cap. 9. for inforcing Women to enter bonds sub poena 300.l If any Subiects Cater shall take any goods or carriage against the will of the owner the Sherife vpon request must ayde the owner sub poena 20. l. Repleuie Vpon making any Repleuin they must take pledges de prosequendo ac de Returno habendo or els they shall answer the price of the cattell or goods if returne be after awarded Riotts If the Sherife or Vnder-Sherife shall not ioyne with the Iustices of Peace in executing the Statute against Rioters he shall forfeit 100.l They must ioyne with the Iustices in certifying the names of the maintainers c. by whose meanes the truth of the riot cannot be found sub poena 20.l They must make due execution of the Iustices warrant for returning of Iuries to enquire of forcible Entries or Riots c. sub poena 20.l They are to execute the Proces of the Iustices of Peace granted out against seruants departing into other shieres sub poena 20.l Indictments taken in their Turne they must certifie at the next Sessions of the Peace sub poena 40.l They must not arrest any person nor take or leuy any fine or amerciament c. of any person indicted in their Turne without Proces or Estreats from the Iustices of Peace sub poena 100.l Sherifes also may be punished in the Starre-chamber for diuers of these their former misdoings as for their vntrue
by his Resignatio the authority of the Sherife and of all his officers doth determine and cease And therefore it is vsed presently in the next Kings time to sue out new Patents of this Office and of Assistance The old Sherife may execute his office vntill hee hath his Writ of Discharge after he is discharged scz after his writ of Discharge deliuered to him or deliuered to the Vnder-Sherife sitting in the County Court neither he nor his Vnder-Sherife ought to make any Warrant for the arresting of any man Neither may they make retorne of any Writ And yet the Writs which are set ouer in the Indenture betweene the Sherifes if they haue beene executed by the old Sherif theÌ„ they must be retorned by him or in his name and indorsed or subscribed by the new Sherife after this manner Istud breue prout indorsatur mihi deliberatum fuit per R.S. Armiger ' nuê‘ vic' prox praedecessor ' meum in exit ' ab Officio suo A. B. Miles vicecom ' Also if the old Sherife hath serued any Processe and before the day of the Retorne thereof he be difcharged and that it happen to be left out of the Indenture and feareth that the Writ should be embeaseled by his successor he may deliuer the Writ so by him serued into the Court and thereupon the said Writ shall bee deliuered in Court to the new Sherife and a speciall entrie thereof shall be made in discharge of the old Sherife Also the old Sherife after hee is out of his Office may notwithstanding by â—he appointment of the Court amend any Retorne by him erroniously made The old Sherife after hee is discharged may also sell any goods formerly extended by him whilest hee was in Office Plus hic cap. 22. 5 The new sherife at his first County Court holden after his election and the discharge of the old Sherife must cause to bee read his Patent of his Office and his writ of Assistance and must also nominate his Vndersherife and must depute or appoint and proclaime foure Deputies at the least in the Countie to make Repleuins in the sherifes name which Deputies must dwell not past twelue miles asunder in euerie quarter of the Countie one Also the new sherif before he returne any writ must haue a deputie of record in euerie of the Courts of Chancerie Kings Bench Common place and Exchequer there to receiue all writs and Warrants to be directed to the Sherife c. sub poena 40. li. and treble dammages c. And such Deputies must be made by Warrant of Atturney from the High-Sherife and in writing CHAP. 3. NO Sherife Vnder-Sherife nor Sherifes Clerke shall abide in his Office aboue one yere sub poena 200 pounds No Sherife or Vnder-Sherife shall be in the same Office againe within the same Countie within three yeres after c. sub poena 200 li. But yet persons inheritable to the office of Sherife or Vnder-Sherife the Sherifes and Vnder-sherifes of London and of Bristoll are excepted Also the King by his Prerogatiue may grant the Office of a Sherife for yeares life or in fee. Euerie Sherife must dwell and bee resident in person within the County where he is Sherife during the time of his Office except he be otherwise licensed by the King A Sherife hath no authoritie or power within another Countie Neither may they exercise their Office out of their Countie And yet the sherife being out of his Countie may make a pannell or may make any Retorne Also by force of the Kings Writ to carrie a prisoner out of the Countie c. the Sherife may carrie or send by baston his prisoner to the place appointed him although it bee through diuers other Counties Also if a prisoner of his own wrong shall make an escape and flie into another Countie the Sherife or his Officers vpon fresh suit may there take him againe No Sherife shall let to farme his Office in any manner nor his County nor any of his Bailiwickes or Hundreds nor any of his Courts sub poena fortie pounds And yet the Sherife may appoint vnder him his Vnder-sherife and his Baylifes and Deputies all which doe vse their place in the right of the Sherife and as his seruants but they may not be Lessees or Fermors thereof and so to occupie their place or take the profits thereof in their owne right For the Sherife may not let the profits issues or reuenues of his Countie or the profits pertaining to his Office Now these seeme to be the fees annuities rents fermes issues fines amerciaments escheats estrayes goods of Felons and fugitiues and other like casuall profits belonging to the Sherifes office to gather and where the King maketh one Sherife sine compoto there the Sherife shal haue these things or profits to his owne vse otherwise the Sherife shall be accountable for them and yet he is not accountable for them sauing in a grosse summe for the ferme of the profits of the Countie Tamen quaere See hic ca. 11. 125. CHAP. 4. The authoritie and power of the Sherife THe authoritie of the Sherife is in some cases absolute or iudiciall and in some cases ministeriall Their absolute or Iudiciall power is in these things following By the antient Common Law the Sherife and Coroners were Iudges and in the Tourne Sherifes in the Countie Court the Sherife and Coroners together did hold plea of felonies and of other things pertaining to the Crown And in the time of the Saxons most suits in the Common Law were Viscountiel and held before the Sherife in the County court yea vntil the NormaÌ„ Conquest a iurisdiction of causes Ecclesiasticke was also exercised ioyntly by the Bishop and sherife at the county Court But now by the Statute of Magna Charta cap. 17. no Sherife shall hold plea of any thing pertainâ—â—g to the Kings Crowne scz They shall not hold plea of any Freehold or Lands nor of any felonie or trespasse vi armis or of any other thing touching the Crowne or against the peace of the King his Crowne or dignity to heare and determine the same And yet Appeales of Felonies and of Mayhem and Rape may be sued by Bill in the Countie Court at this day Hic cap. 111. Also the Sherifes in their Court Leet or Tourne may enquire of Treasons homicides other felonies of common Trespasses and in some cases may imprison fine binde ouer or otherwise punish offendors Hic cap. 109. In the Countie Court they may hold plea of lands by a Iusticies but otherwise they cannot In their Countie Court they may also by playnt hold plea de auerijs captis detentâ—s c. which plea properly belongeth to the Crowne In their Countie Court they may take a Recognisance for a debâ— between partie and partie Hic cap. 115. Hee which hath a pardon for any manner of felonie ought to be bound to the good behauiour before the Sherife and Coroners c. Also