THE OFFICE AND AUTHORITY OF SHERIFFS. Abridged by the former Author MICH. DALTON, of Lincoln's Inn, Esquire. Mon entent est de bon amour. IN DOMINO 〈…〉 printer's or publisher's device LONDON, Printed for the Company of Stationers. 1628. TO THE RIGHT Honourable, THOMAS, Lord Coventrie of Allesburrough, Lord Keeper of the Great Seal of England, and one of his Majesty's most Honourable Privy Council. Right Honourable, THe Office of a Sheriff, as it is a Place of great Authority and Trust, in the government of this Commonwealth, so withal is it and Office of great peril and danger, not only to the Sheriff himself, but also to the King's Majesty, and to his Subjects in general, if the same be not truly and carefully executed in every behalf. It were therefore meet, that such as shall be apppointed thereto be men of Worth and Note, not only for the sufficiency of their estate, but also for their sincerity and honesty: Neither are all these sufficient, where the High-Sherife shall trust his Undersheriff with the whole business. And it is further to be wished, That the Gentlemen of the Country, upon whom the burden of this office lieth, would keep this their Office in their hands, and their Undersheriff in their houses, that so by their continual eye over their Officers, & care of their business, they might the better discharge their duty herein. And for that I conceived, that a plain discovery of this Office would give encouragement to the Gentry, so to undertake the same, the consideration thereof caused me formerly to present to the view of the world, my Labours in this Business (though before they came to any ripeness: And albeit I have sithence learned little of the Mysteries and secrecy of the same Office (I mean as it is commonly practised by some under Sheriffs) and therefore cannot yet bring it to any perfection: Nevertheless I thought it fit according to my poor ability still to endeavour myself therein, and to bring the same at least to a more short, easy, and ready Method. And accordingly I have herein set down their Authority and Office, far more plainly and briefly than before, with reference to my book at large, where the Reader may receive more full satisfaction. And I have presumed to labour in this business, the rather to give occasion to others, better able and experienced, to perfect a work so needful. I acknowledge this my weak undertaking, fare unworthy of your Lordship's judicious Eyes, much more unworthy so great a Patronage; and yet for that I stand bound in duty to submit and lay down my Labours where I own my Service; and again for that your Lordship in regard of your high Place, hath a principal charge under the King's Majesty, for the appointing and naming of these great Officers of justice; and in regard of your profound judgement, Wisdom, and Experience, your Lordship is best able to judge of the mischiefs, and to give remedy therein; as also for that I have a peculiar relation to that Honourable Court, where your Lordship is supreme judge: To you therefore I humbly and submissivelie present this little Treatise. The God of Heaven and Earth preserve your Honour long amongst us, to the good of his Church, and of this Commonwealth. Your Lordships, in all humble duty, MICH. DALTON. To the Noble and Right worthy Knight Sir Gyles Alington. Sir, THough it be most safe and easy for a man (with the Psalmist) to commune with his own heart in silence, according whereto the Proverb also saith, Bene vixit qui bene latuit; yet for that it is more behooveful to the Common good (either in Church, or Common wealth, for one of which all men are ordained) that such Talon wherewith God hath enabled any, be it never so small, should be employed and communicated to the good of others; The consideration hereof hath moved me to adventure this, (as other my former weak Labours) to the view of the World. And although I have offered in this my labour, to the honourable Patronage of one to whom I am in duty bound; yet withal, out of that respect which I do 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 Love to you, to whom I must acknowledge myself, for many your favours, much obliged, and shall ever remain, Your brother in law, unfeignedly honouring you, MICH. DALTON. The Office and Authority of Sheriffs. CHAP. I. Their Name, Antiquity, & Charge. COmes, Comes. The Earl or Countee, had anciently the government of the County or Shire under the King, and that charge and custody which the Sheriff now hath for the executing of all matters of justice, was anciently committed to the Earl. Vicecomes, Vicecomes. the Sheriff, est vicem gerens, seu vicarius Comitis, or is as the Earl's Deputy, and was first ordained to do that service in the executing of matters of justice within the County in the absence of the Earl, which the Earl should do. After Earls by reason of their high employments and atttendance upon the King (being not able to follow the business of the County) were delivered of that burden, (only enjoying the honour) and the authority for the administration and execution of justice, which the Earl formerly had, is now committed to the Sheriff. And yet the Sheriff hath this his authority from the King, by his Letters Patents immediately, and not from the Earl. Subuicecomes. And the Sheriff may make his Deputy, scz. his Undersheriff, who in matters concerning their ministerial Office, at this day wholly executeth the place in the right of the High-sherife. But where the Sheriff hath a judicial power, or is made judge of the cause, there it seemeth he must execute it in person, and not by his Undersheriff, or other Deputy. See hereof hic, Cap. 4. Sheriffs were long before the Conquest, Their antiquity. and were first ordained by King Aelfred, about An 872. as some writ: yet others think them to have been long time before. They are the King's Deputies within their County, and their charge Charge. is to defend and keep the King's peace within their said County, and to suppress and punish malefactors there; to execute the commandments, Process, and Precepts of the King and his justices, and to keep the King's rights of his Crown within their County. They are also to be attendant upon the King in time of war; and to cause all the People of their County to go with the King for to defend the Land against the King's enemies. They also have the administration of justice (in some cases) committed unto their charge within their County, scz. within their Turn they are to inquire of and deal with matters concerning the King & Commonwealth, and in their Countie-Court, to hear and determine particular suits & matters between party and party. What manner of persons. They must therefore be men of sufficient estate of lands within the same County, and such as may attend it wholly. They are (usually) to be nominated yearly by the Lords, etc. and after are appointed by the King. Their election or nomination shall be yearly in the morrow after All Souls, at the Exchequer. This Office is determinable Determinable at the King's pleasure. But it cannot be determined or apportioned as for one Town or Hundred, or other part of the Shire, but must continue entire for the whole County: except where any Town is made a County of itself, and hath a Sheriff within the same Town, etc. Neither can this Office be determined, nor any part thereof, until a new Sheriff be made, except by death of the King, or of the Sheriff. Neither may the Sheriff be abridged of any thing incident or belonging to his Office. CHAP. 2. THe new elect Sheriff at his entrance into his Office must first (by himself or his Deputy) enter Recognisance with sufficient sureties in the Exchequer (in the King's Remembrancers Office there) before he receives his Patent; 1. Must ent● Recogn. or exerciseth any part of his Office, sub poena a hundred pounds. The form of the Condition of which Recognisance you may see hic, Cap. 125. Next, he must procure his Patents, 2. Must pr●cure his Patents. (from one of the Clerks of the Chancery) scz. The Patent of his Office, whereby the custody of the County is committed to him. The Patent of Assistance, whereby all the King's Subjects within that County are commanded to be aiding to him. He must also procure a writ of discharge to the old Sheriff, to discharge him out of his Office; the which would be delivered with speed, for until that be delivered to the old Sheriff, he may still do execution of all Process, or other thing belonging to his Office. 3 Must take his Oaths. Also the new Sheriff (before he meddles in his Office) must take two corporal Oaths. The one, to the King's supremacy. The other, concerning the due execution of his office. These Oaths may be taken before one of the judges of the Assizes of that County, or before a Master of the Chancery, or else before Commissioners in the Country, by a Dedimus potestatem: The return whereof see hic, Chap. 81. But until the new Sheriff hath taken these oaths, he 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 perform his oath concerning his office (in every behalf) he is fineable as aforesaid: beside, it is perjury. The parts of his Oath concerning his Office, are these. First, Truly to keep the King's rights of his Crown, scz. his Lands, rents, franchises, suits, etc. Secondly, Not to respite the K. debs Thirdly, to do right to all in all things belonging to his Office. Fourthly, to acquit at the Exchequer the King's Debtors, he having received their debt. Fiftly, truly to serve and return all Writs. Sixtly, Nota. Not to have to his Undersheriff any of the Sheriffs Clerks of the year last passed. Seventhly, to take no Bailiffs but such as he will answer for, and such as be true and sufficient in the County. Eightly, To make each of his Bailiffs be sworn for the true execution of their Office. Ninthly, to receive no writ unsealed. Nor any sealed, but by justices having authority, etc. 10 To suppress Heresies, (called Lollaries) and to assist the Ordinary therein. See hic Cap. 100 11 To be resident in his County, except by licence. 12 Not let to farm his Sherifwick, nor any Bailiwicke. 13 To set and return reasonable and due issues, after the estate of the parties. Nota. 14 To make the Panels himself, and of persons dwelling near, sufficient, and not suspect nor procured. 15 To execute the Statutes of Winchester, and of Vagabonds. Now concerning the statute of Winchester, the Sheriff 1 First, is to proclaim the same statute in every Hundred of his county, and in every Market town (by his Bailiffs) four times in the year; yet this seemeth now little in use. 2 He is to keep horses and armour, to follow hue and cry. 3 If any suspected persons shall be taken upon Hue and cry, or by the Constables or townsmen upon their Watches by night or by day, and shall be delivered to the Sheriff, he is to enrol the same, and to commit them until the coming of the justices of Gaol delivery; and in the mean time the Sheriff is to inquire of the offendor by a jury, whose presentment therein he must return before the said justices, with the bodies of the offenders: But now these Offenders are dealt withal by the justices of peace at the Sessions, and therefore the Sheriff not troubled with them, (as it seemeth) otherwise than by enquiry in their Torn, which see hic postea Cap. 107. But concerning the Statutes of Vagabonds, I see not what the Sheriff is to do by virtue of his Oath, (or Office, by any Statute now in force in that behalf) save only to arrest & commit them as suspected persons. Hic cap. 4. The Sheriff also is to take the Oath of Allegiance whensoever it shall be lawfully tendered to him. The new Sheriff (at or before his first County Court, 4 Must take all prisoners and Writs. or upon the writ of discharge delivered to his predecessors) must take over from the old Sheriff, all his prisoners (which are in the Gaol) by their names, and all his writs precisely by view, and by Indenture to be made between the old Sheriff and the new. These Indentures must contain and express, 1 All the causes which the old Sheriff hath against every prisoner (at the peril of the old Sheriff) with the prisoners names. 2 All Writs, with the names of the Plaintiffs and of the Defendants, and the days of the Return. For the new Sheriff shall be charged only with such prisoners, and with such causes (or Executions) whereof he shall have notice given him from the old Sheriff. The new Sheriff is not bound to receive any prisoner from the old Sheriff, but only at the Gaol: And yet if the new Sheriff shall receive the prisoner out of the Gaol, the old sheriff is discharged by such delivery, and receiving of the prisoner. Also the new Sheriff may compel the old Sheriff to make delivery by Indentures, of all prisoners, and of all executions against them, and yet if the new Sheriff will receive them otherwise, it sufficeth. But where the old Sheriff shall happen to die during the time of his Office, there without delivery or notice, the new Sheriff is chargeable presently with all prisoners; & is also to take notice of all Writs in the hands of his predecessor, etc. and of the Contents thereof, and of all prisoners, and the causes of their commitment, as it seemeth. The form of the Indentures for setting over prisoners and writs between two Sheriffs, see in my book at large. Note, that by the death of the king (or by his Resignatio) the authority of the Sheriff (and of all his officers) doth determine and cease: And therefore it is used presently in the next King's time, to sue out new Patents of this Office, and of Assistance. The old Sheriff may execute his office until he hath his Writ of Discharge; after he is discharged (scz. after his writ of Discharge delivered to him, or delivered to the Undersheriff sitting in the County Court) neither he nor his Undersheriff ought to make any Warrant for the arresting of any man; Neither may they make return of any Writ: And yet the Writs which are set over in the Indenture between the Sheriffs, if they have been executed by the old Sheriff then they must be returned by him, or in his name, and endorsed or subscribed by the new Sheriff, after this manner: Istud breve prout indorsatur mihi deliberatum fuit per R.S. Armiger' nuper vic' prox, praedecessor' meum, in exit' ab Officio suo. A. B. Miles vicecom'. Also if the old Sheriff hath served any Process, and before the day of the Return 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 deliver the Writ so by him served, into the Court; and thereupon the said Writ shall be delivered in Court to the new Sheriff, and a special entry thereof shall be made in discharge of the old Sheriff. Also the old Sheriff after he is out of his Office, may notwithstanding by ●he appointment of the Court, amend any Return by him erroneously made. The old Sheriff after he is discharged, may also sell any goods formerly extended by him whilst he was in Office. Plus hic cap. 22. 5 The new sheriff at his first County Court holden (after his election, and the discharge of the old Sheriff) must cause to be read his Patent of his Office, and his writ of Assistance; and must also nominate his Undersheriff, and must depute or appoint and proclaim four Deputies (at the least) in the County, to make Replevins in the sheriffs name; which Deputies must dwell not past twelve miles asunder, in every quarter of the County one. Also the new sheriff before he return any writ, must have a deputy of record in every of the Courts of Chancery, King's Bench, Common place, and Exchequer, there to receive all writs and Warrants to be directed to the Sheriff, etc. sub poena 40. li. and triple damages, etc. And such Deputies must be made by Warrant of Attorney from the High-Sherife, and in writing. CHAP. 3. NO Sheriff, (Undersheriff, nor Sheriffs Clerk) shall abide in his Office above one year, sub poena 200 pounds. No Sheriff or Undersheriff shall be in the same Office again (within the same County) within three years after, etc. sub poena 200 li. But yet persons inheritable to the office of Sheriff or Undersheriff; & the Sheriffs and Vndersherifes of London and of Bristol are excepted. Also the King by his Prerogative may grant the Office of a Sheriff for years, life, or in fee. Every Sheriff must dwell and be resident in person within the County where he is Sheriff, during the time of his Office, except he be otherwise licenced by the King. A Sheriff hath no authority or power within another County: Neither may they exercise their Office out of their County. And yet the sheriff being out of his County, may make a panel, or may make any Return. Also by force of the King's Writ (to carry a prisoner out of the County, etc.) the Sheriff may carry or send by baston, his prisoner to the place appointed him, although it be through diverse other Counties. Also if a prisoner of his own wrong shall make an escape, and fly into another County, the Sheriff (or his Officers) upon fresh suit may there take him again. No Sheriff shall let to farm his Office in any manner; nor his County, nor any of his Bailiwickes', or Hundreds, nor any of his Courts, sub poena forty pounds. And yet the Sheriff may appoint under him his Undersheriff, and his Bailiffs and Deputies, all which do use their place in the right of the Sheriff, and as his servants; but they may not be Lessees or Fermors thereof, and so to occupy their place, or take the profits thereof in their own right. For the Sheriff may not let the profits, issues, or revenues of his County, or the profits pertaining to his Office: Now these seem to be the fees, annuities, rents, fermes, issues, fines, amerciaments, escheats, estrays, goods of Felons and fugitives, and other like casual profits belonging to the Sheriffs office to gather; and where the King maketh one Sheriff sine compoto, there the Sheriff shall have these things or profits to his own use, otherwise the Sheriff shall be accountable for them; and yet he is not accountable for them, saving in a gross sum for the farm of the profits of the County. Tamen quaere, See hic ca 11. & 125. CHAP. 4. The authority and power of the Sheriff. THe authority of the Sheriff is in some cases absolute or judicial; and in some cases ministerial. Their absolute or judicial power is in these things following. By the ancient Common Law the Sheriff and Coroners were judges, and in the Turn Sheriffs, & in the County Court the Sheriff 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 Sheriff in the County court: yea, until the Norman Conquest, a jurisdiction of causes Ecclesiastic was also exercised jointly by the Bishop and sheriff, at the county Court. But now by the Statute of Magna Charta cap. 17. no Sheriff shall hold plea of any thing pertaining to the King's Crown, scz. They shall not hold plea of any Freehold or Lands, nor of any felony, or trespass vi & armis, or of any other thing touching the Crown, or against the peace of the King, his Crown, or dignity, to hear and determine the same. And yet Appeals of Felonies, and of Mayhem and Rape, may be sued by Bill, in the County Court at this day. Hic cap. 111. Also the Sheriffs in their Court Leet or Turn may inquire of Treasons, homicides, & other felonies, & of common Trespasses; and in some cases may imprison, fine, bind over, or otherwise punish offenders, Hic cap. 109. In the County Court they may hold plea of lands by a justicies, but otherwise they cannot. In their County Court they may also by plaint hold plea de averijs captis & detent●s, etc. which plea properly belongeth to the Crown. In their County Court they may take a Recognisance for a deb● between party and party. Hic cap. 115. He which hath a pardon for any manner of felony, aught to be bound to the good behaviour before the Sheriff and Coroners, etc. Also by the common Law the Sheriff is a principal conseruator of the peace, and therefore upon request to him made, he may cause another to find sureties for the peace, and may take the same surety by Recognisance and that ex Officio. Yea the Sheriff may apprehend, arrest and commit to prison all Affrayors, and such others as shall in any sort break or attempt to break the peace, in his presence and within his County; and may cause them to find sureties for the peace. But yet a Sheriff ought not to execute the office of a justice of peace in the same County, (by force of any commission of the peace) during the time that he is Sheriff. Also every Sheriff by virtue of his Office may take Posse Comitatus in these cases following: scz. When any of the King's enemies shall invade the land. When any rebellion, insurrection, or riot, etc. 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 Process and Warrants of the King, and of his justices. Plus hic cap. 95. Also upon notice of any riot, unlawful assembly, Affray, or other offence against the Peace, the Sheriff ought to raise the power of the County (if need be) to apprehend and imprison such malefactors. They may arrest and commit to the Gaol all persons by them suspected, which be vagrant, or which shall walk by night or day and be of evil name or fame: And it seemeth they may bind over such persons with Sureties by Recognisance, to the next Sessions or Gaol delivery. They may arrest and commit to the Gaol all such as go or ride armed offensively, scz. in affray of the King's People; and may take away their Armour to the King's use, and prcise the same by the oaths of some present. If any Subjects, purveyor, or Cator shall take any man's goods, or any carriage, against the ownors will, the Sheriff upon request and notice thereof, is to arrest and imprison the offenders, etc. sub poena 20. li. The Sheriff or Undersheriff, (sub poena 100 li.) must join with the justices of peace, 1 To arrest and imprison Ryoters, etc. 2 To record the Riot in writing. 3 To inquire thereof by a jury, if they were gone before the coming of the justices and Sheriff. 4 And to certify the King and his Council thereof, if the truth cannot be found upon such enquiry. 5 If the truth thereof cannot be found by reason of any maintenance, they must also certify the names of such maintainers, and their misdemeanours, sub poena 20. li. If any persons shall make resistance or disturbance, to the Sheriff (or his Officers) in the execution of the King's Process, it seemeth the sheriff may presently imprison such Resisters. Sheriffs may bail prisoners in diverse cases Hic cap. 96. Sheriffs also have the keeping, and the Cognisance, and the correction of the Assizes of bread and ale, and of false weights, and measures, and may inquire thereof in their Turn, and may adjudge them to bodily punishment. See plus hic postea tit. Torn ca 109. Also in the execution of some Writs, (as in a Writ of Redisseisin, in a Writ to inquire of Waste, and in a Writ of admesurement, etc.) the Sheriff is both a judge and an Officer, and so hath a twofold authority: scz. As a judge, to hold plea of the matter, to examine it, to give judgement, and in some cases, to commit to prison, yea, and to make out Process against the offenders. As an Officer, to execute the Process, and to return the same. But this judicial or absolute power the Sheriff cannot grant it over, neither may he execute it by his Undersheriff or other Deputy, (as it seemeth) but must sit and execute it in person, although it be within a Franchise. CHAP. 5. The ministerial Office consisteth principally in these things following: 1. TRuly to keep the King's rights of his Crown, (within his County) scz. the King's Lands, Franchises, suits etc. Cap. 6, 7, 8. 2 To gather the profits and moneys due to the King within the County, Cap. 9 etc. 3 To seize to the Kings use the goods of Felons, Fugitives, & persons outlawed, treasure troue, waifed goods, wrecks, etc. Cap. 14 etc. 4 To execute & return all writs & commandments directed to him from any of the King's Courts, Cap. 20, etc. Note, that whatsoever the Sheriff shall do (in these former businesses) Virtute Brevis, scz. by virtue of the King's Writ, or other Warrant from the King's Courts is warrantable. But what he shall do virtute, or colore officij, is not always excusable, or so safe 5 To impanell juries, and return them, Cap. 85, etc. 6 To be attendant upon the judges in their Circuits, etc. Cap. 98. 7 To assist the justices 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 keep his Courts, scz. His Turn, Cap. 106. His County Court, Cap. 110. 12 To proclaim certain Statutes, etc. Cap. 102. CHAP. 6. FIrst, The Sheriff by his Oath is truly to keep the King's Rights, scz. that they be not decreased, canceled, or withdrawn, be it in his lands, franchises, suits, or other things. Concerning the King's Lands. In ancient times Sheriffs in their Tornes did inquire of alienations in Mortmain, and of alienations (by the King's Tenants) without Licence; and in such cases the sheriff might have seized the lands (so aliened) to the King's use, as lands forfeited or escheated. At this day, where any man shall encroach upon the King's lands, or upon the King's Highway, or shall levy or make any house or building, wall, or hedge, etc. upon the King's land or highway, Or shall make any enclosure thereof, these are purprestures, and to be enquired of and reform by the sheriff in his Torn; and they may be seized by the sheriff into the King's hands, or may be pulled down, etc. 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, etc. scz. where the Freehold is cast upon him in law, there it seemeth the Sheriff, or Escheator, ex Officio, may seize and take the Issues and profits of the same lands, to the King's use, making account for the same; As where any lands, etc. shall come to the King by descent, Remainder, or Reverter. Also the King's Officer may seize these things following, as Royalties belonging to the King by his Prerogative, or otherwise coming to the King or Crown by escheat or forfeiture, and to answer the issues and profits thereof, etc. As First, the lands and profits of the lands of aliens, within their County. The lands and profits of such lands as come to the King by Attainder, Escheat, and alienation in Mortmain. The mean profits of lands for intrusions and alienations without Licence. But in most cases for Lands or Tenements, or the profits thereof, there must first be an office found for the King, (viz. an enquiry must be made by twelve men upon their oath, to find the King's title, and the certainty what Lands or Tenements they be, and the yearly value thereof) before the Officer may seize them. And yet in these cases following, the Sheriff or the Escheator may ex officio, (as it seemeth) and without any Office found, seize the same. scz. In cases where any are attainted (during their lives) of high Treason: (and here they shall forfeit all their lands and hereditaments in fee simple, or fee tail. So where the King's Tenant in fee simple is attainted of petty Treason, or of Felony, and is put to death, or dieth of himself, the King's Officer may seize the same; for here a possession in Law vesteth in the King. And in these cases the King shall have the forfeiture of their lands from the time of the offence. Also where a possession in Law of lands, etc. is cast upon the King by descent, Reverter, Remainder, or Escheat, ut supra. So in cases of Wardship and Primer seisin; or during the vacancy of a Bishopric: In which three last cases the possession in law of a Chattel is vested in the King. But in other cases the Officer may not seize any lands or Tenements, nor the profits thereof, without an office found for the King; or other matter of Record and Process, scz. a Scire facias made out against the parties, and returned, etc. As where the King is entitled to enter for a Condition broken, or for Mortmain, or for alienation without licence. So in case where the King is entitled to seize the temporalties of a Bishop for a contempt. So in Cases of Ideocie, Lunicie, and the like. So where the King is to have Annum diem, & vastum, of the lands of persons attainted. Also where an Office is found which doth not entitle the king to the possession by Entry, but only die action, there the Officer must first have process or other warrant for to seize the land, etc. As where it is found by an Office, That the King's Tenant for life or years, hath done waist. Or that his Tenant in fee simple hath cessed by two years. Or that his tenant in fee, hath made a feoffment by collusion, contrary to th●●●tute of Marlebridge. ●ote where the Office is found before the Escheator, there the Escheator is chargeable upon his account. But of lands whereof the Office is found before Commissioners, there the sheriff shall be charged. And yet neither of them shall be charged, but where there is an Office found, (or that they shall meddle ex officio, etc.) And where there is an Office found, they shall be charged only according to the yearly value found by the Office. And therefore in all these former cases, where the Sheriff shall seize any lands or tenements, or the profits thereof, it is safest for the sheriff that there be an Office first found thereof; or at least for him to have the kings writ, other warrant of law so to do. But the Escheator is more specially appointed for the finding out of the King's title to Lands, Tenements, and or other things. CHAP. 7. Franchises. A Franchise is a Royal privilege in the hands of a subject: And such are every Liberty or commodity which of their own natures are appertaining to the King, and are derived from the Crown, and by the special gift or grant of the king, are come to a common person, or subject. Of these some are more Royal; as authority to pardon Treason, Felony, oulawry, etc. Or to make justices & the like; which none can do but the King. 27. H. 8. cap. 24. Some are less Royal; as Conusance of Pleas, Chases, Parks, Warrens, Fairs, Markets, Toll, Courts, Leets, or Hundreds, waifs, Estrays, Wrecks, Catalla felonum, fugitivorum, & utlagatorum, the correction of the Assizes of bread and Ale, Pillory, tumbril, and the like; these a subject may have. Now if any man do hold, or use any of these last sort of Franchises, without, or contrary to the kings grant or lawful Prescription, it seems to be enquirable in the sheriffs Turn, as a Purprestor. Again as it is parcel of the Sheriffs oath to keep the King's Franchises, so the Sheriff may seize to the King's use, ex Officio, many of these things; as namely waifs, estrays, wrecks, and felons, and utlaws goods, etc. except where some other person hath the same by Charter, or by Prescription. Note in the former cases (Capite precedente) the king is to have seisin, or possession of the lands themselves, So as the King may let them, etc. But where the king is not to have seisin of the land itself, but is only entitled to the profits of the lands, there the sheriff ex Officio, and without any office found, may seize to the King's use, the profits of such lands: As the lands of a Clerk convict of felony. Also the profits of the lands of persons outlawed in a personal action, the Sheriff (or Escheator) may seize ex offiico. See hic Cap. 15. what the Officer may seize, do or take, in the name of the profits of lands. Also goods Goods. and chattels of felons, fugitives, and the like, the sheriff may seize ex officio. And yet dicitur that the Escheator is rather, and more usually accountable, for these: And that the Sheriff is not acccomptable, or chargeable for these, save in a gross sum, for the form of the profits of the County. See plus hic cap. 14 & 125. And note that no subject can have these things, scz. bona seu catalla felonum, fugitivorum, & utlagatorum, but by Charter, and not by Prescription. Also Franchises or Liberties seized into the king's hands upon judgement given in a Quo warranto, the sheriff shall answer the profits thereof to the king's use. But the Sheriff must first have a writ or precept directed to him for the seizing of diverse Franchises, before he may seize them; for that there be diverse Franchises which may not be seized, but at the King's suit in a Quo warranto (which writ is to try the validity of the Franchise, etc.) as Conuzance of Pleas, correction of the Assizes of bread, Leets, Hundreds, Fairs, Markets, and the like. CHAP. 8. Suits. IT is parcel of the Sheriffs Oath truly to keep the king's suits. Now Suit is a service which a man ought to do, by reason of his land and tenure; & to perform this he ought to go to the Court of the king (or of some other) there to do that which appertaineth to the nature of his suit. And both the Sheriffs Courts, scz. his Torn and County Court, seem also to be (both of them) the King's Courts, by reason that the suit belonging to them both is a Suit Royal, and due by reason of Resiancy within the County: And therefore as the sheriff by his oath standeth bound to keep the king's suits, So inclusive, he standeth bound duly to keep his said two Courts, and to see that all Suitors belonging to the same Courts, give their attendance, and do their suit and service there. Besides, the sheriffs Torn is principally to cause every man to appear there in person, to do their Allegiance to the King, and there to be sworn the King's Liegemen; And the sheriff there also is to inquire of things pertaining to the King and Commonwealth, and to preserve diverse of the King's rights, and to reform and redress diverse common Nuisances, and trespasses upon the presentment of the suitors. Also by the word Suits may be understood the king's Suits in law, scz. That the King's Suits in Law shall be preferred, and that the sheriff for the king's profit therein, is to do his best endeavour according to his office, scz. That the king be first paid, and his debt first levied, vide hic cap. 10. 19 25. & 58. CHAP. 9 Rents. THe sheriff by his Oath is also bound not to assent to decrease, to lessing, ne concealment of the King's rents. Now the sheriff is Balliws Comitatus, and as a Bailiff of a Manor is to gather up his Lords rents, so the sheriffs Office is to gather up within his bailiwick the King's rents and monies: though at this day for the kings rends this rather belongeth to the king's Rece●uers, scz. to gather up the Ordinary Rents of the King's lands. And yet if the Sheriff shall distrain the Kings farmor or tenant for Rent due to the King, and shall account for the same in the Eschequor, it is a good justification for the Sheriff, in an action brought against him for taking the Tenants cattles. Also the Sheriff is accountable to the King, of all Farms, Rents, Issues, and profits of the County, which run in account under the name of Viscontiels; scz for these the Sheriff so soon as he is made Sheriff is accountable yet in a sum in gross. But for the extreats of the green wax, & for Fynes and Amerciaments, Issues, the King's debts, and such, the Sheriff is not chargeable, nor to levy until they be estreated unto him, or the same without process or other warrant; and then when he hath levied them, he is chargeable. Also for the kings Ordinary Rents, the Sheriff (upon process to him directed for the levying thereof) may levy the same, and that either upon the body or goods of the King's tenant, or of his sureties; or upon the lands of his Tenants, or upon his heirs, or executors, or other possessors of his lands or goods. Note that there be certain fermes called Viscountiels, for which the Sheriff for his time payeth a certain Rent to the king, and maketh what profit he can of them; and for these the Sheriff is accountable, ut supra, scz. in a sum in gross, and presently. And these Viscountiels are said to be certain duties of ancient time due to the king, etc. scz. for Castle guard, for the Sheriffs aid, for the Leet fee, etc. And these are commonly called Certainties, which are gathered up by the Sheriff or their bailiffs. CHAP. 10. The King's Debts. THe Sheriff also upon Process (as upon the green wax scz. upon the Estreat to him delivered out of the Eschequor under the Seal of that Court) is to levy the king's debts. And this the Sheriff may do either upon the body or goods of the Debtor, or his sureties; or upon their lands in their own hands, or in the hands of the heirs, feoffees, or any other person claiming or having the same from them by descent, or by purchase. Also the Executors, Administrators, Assigns, and other possessors of the goods of the King's Debtor, are chargeable to the king's debt. And upon Process etc. the Sheriff may seize, (enrol, praise,) and sell the goods of the king's debtor being dead, that praising of the goods must be per visum vicinorum, etc. and according to the value of the debt. But goods, or a lease for years, sold away by the Debtor bona fide, are not liable thereto. Also upon process, the Sheriff may distrain for the king's debt, in all places within his County; and may impound the distresses in a common pound; and after 15. days may sell the same away, if the debt be not satisfied in the mean time. But if any bring the Tally of payment of this debt in the Eschequor, the distress shall cease. Also if the debtor brings the Tally of any Sheriff or Bailiff, of payment made to them of the thing demanded, and will find Sureties to appear in the Eschequor upon the next account, etc. the distress shall cease. Also if the King's Debtor shall find sufficient Sureties to the Sheriff to pay the King's Debt, before the day of the Return of the writ, the Sheriff must deliver the distress. These distresses made by the Sheriff, must be reasonable, after the value of the debt; and must not be of Blow Cattle, nor of Sheep, if the Officer can find other sufficient distress; nor shall be driven too fare. The reasonableness of the Distress must be by estimation of neighbours; scz. That the goods be praised by neighbours. Note that in these former cases where the Sheriff, etc. cometh to levy or distrain for the King's debt, he must first show to the Debtor (demanding the same) the process or Estreates under the seal of the Eschequor, for the levying thereof. Also the Sheriff shall make Tallies or acquittances to all such as shall pay him the debt: And the Sheriff must quite the Debtors thereof, at his next account in the Eschequor, hic cap, 13. If the Debt once paid be another time demanded of the party, he shall recover triple damages against the sheriff, etc. But the Sheriff for the King's debts, etc. do by any Ecclesiastical person, may not distrain in the Church., nor in the ancient fees or passions of the Church, nor in the King's high way, if he can find goods sufficient elsewhere. Neither may the Sheriff distrain or take for the king's debt, etc. due by any Ecclesiastical person, any goods which do belong to the Church, or to the Parish. The Sheriff may not distrain upon the wife's Dower, or inheritance, for her husband's Debt due to the king after the Coverture. So he may not distrain upon a joint Estate purchased by, or assured to the husband and wife, for this debt due after. What other goods the Sheriff may not distrain or meddle with for the King's Debt. See hic cap. 15. But the king's Debtors, their bodies, Lands, and Goods, and their Heirs and Assigns, and their Executors and Administrators, and all other possessors of the goods (after their death) are chargeable. Also the Rents of their Farmours or Tenants, yea the Tenants themselves, their goods, are liable to pay the King's debts, etc. Note that the King's Suits shall be preferred, and his debts shall be first paid. But for the king's Debts, the Sheriff is not chargeable or accountable, neither may he distrain for, or otherwise levy the same, without Process, or other warrant. CHAP. 11. Issues. THe word Issues (in our Law) seemeth to be taken three ways, or in three manners to this our purpose. 1 First, For the Issues and profits of lands or tenements; as where the King is entitled to have the Lands or profits of lands of persons attainted or outlawed, or for alienation without Licence, or in mortmain, for a condition broken, or the like; whereof postea. 2 Secondly, For such Issues & profits of the County which go under the name of Viscountiels, whereof hic Cap. 3. & hic postea. 3 Thirdly, For Issues to be lost for default of appearance, (scz. by jurors, or by the Tenant or Defendant, etc.) of which here. For this last sort, these Issues are sometimes set by the Court, as an Amerciament, fine, forfeiture, pain, or punishment, for default of appearance of jurors, Mainpernors, or Pledges, and sometimes of Witnesses: And these Issues or profits thus growing due to the King, are to be levied by the Sheriff, etc. Sometimes these Issues are set and returned by the Sheriff, to the end to cause an appearance of jurors, & of the Tenant and Defendant, and these also are to be levied by the Sheriff to the King's use. Sometimes the lands themselves shall be seized by the Sheriff into the King's hands, for default of appearance of the Tenant in a real Action; as in a grand Cape, or a petite Cape: And in these and the like cases, where by Writ the land is seized into the King's hands, the King shall have the lands to his own use, and the Sheriff shall be charged with the Issues and profits of the said Lands: from the time that the Lands were so seized by him, etc. Vide hic Cap. 62. What is contained under the name of Issues, See Cap. 89. How much the Sheriff must return in issues upon the Defendant or Tenant, see Ibidem. What Issues he must return upon jurors, Cap. 90. Upon whom, and what lands such Issues shall be levied, Ibidem. If the Sheriff shall return a juror in issues, who is not sufficient, the Sheriff is punishable, Ibidem. So if the Sheriff shall return any issues upon any juror or hundred or, which was not lawfully summoned, Ibidem. Issues. If the Sheriff shall return 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 Sheriff shall be charged there in the Exchequer. For all manner of Issues and profits of the County, which run under the name of Viscountiels, the Sheriff so soon as he is made Sheriff, is accountable for the same, yet in a sum in gross. But for other Issues lost for default of appearance, the Sheriff is not accountable, nor shall be charged therewith until they shall be estreated under the Seal of the Exchequer, and that the same estreats shall be delivered to him: Neither may the Sheriff levy the same without such Warrant. If such Issues lost for default of appearance, shall be returned by the Sheriff upon any man, the party hath no remedy, be the Issues never so great. Now for the first sort, (scz. for the profits of lands) after the death of the King's Tenant in Capite, and an Office found, the King shall have 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 have the Issues and profits of the lands of such his Tenant, aliening without licence, scz. from the time of the Office found, the King's Tenant who getteth Livery out of the King's hands wrongfully, shall answer the Issues behind, etc. Where the King enters for a Condition broken, or for a Mortmain, etc. the King shall be answered of the measure, Issues, and profits of those lands, scz. from the time of the king's title first accrued. And of the Issues of the lands of felons, Fugitives, and Outlaws, etc. scz. from the time of the Attainder, etc. Hic Cap. 14. And so in all these cases the King shall be answered of all the Issues of the lands, after an office thereof found; but before an Office found, the Sheriff or Escheator is not to meddle. Hic Cap. 6. An Abator shall be charged (and not the heir) for his time. If such lands (whereof the King is to have the mean issues or profits) shall be in diverse men's hands after the king's title accrued, every of them shall answer for his time. Issues lost for default of appearance either by the tenant, or in any other case of a Distress infinite, as in case of jurors after a venire fac, the Sheriff upon the Estreats out of the Eschequor, etc. may levy the same upon the lands in the hands of the delinquent of his wife of his heir in Tail, of his Successor of his Lessee or farmer of him in reversion of the purchaser, yea in the hands of a stranger, whose beasts are their levant and covehant. And upon these Estreates the Sheriff is to levy and gather up accordingly these Issues, and to bring them into the Eschequor, and there to account for them. If any Officer, etc. shall collect or levy 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 be punished. Plus hic Cap. 89. & 90. CHAP. 12, 13. Amerciaments and Fines. AN Amerciament is properly a penalty assessed upon an Offender by his equals (pro pares) scz. by the Country upon Oath: or assessed by the Court upon some Officer of the Court. A Fine hath diverse significations; but to this purpose a Fine is most commonly taken for a sum of money, which is set or assessed upon an Offender in some Court of Record, by the Court or judge there for some contempt or offence, and which the offendor doth give for, and in satisfaction of his offence, default, or contempt. Again, that which is assessed by the Court upon an Officer of the Court for misdemeanour, is called an Amerciament Royal; But being assessed upon an Estranger for misdemeanour, it is called a Fine. All Amerciaments and Fynes (for misdemeanours▪ contempts, defaults, or other Offence) set or assessed upon any Offender in any of the King's Courts, the Sheriff upon Process or Estreats out of the Exchequer, etc. is to gather up the same, and to account for the same in the Exchequer. Those Estreats must rehearse and show the cause of the Amerciaments, etc. See hic cap. 90. What persons, and for what causes men shall be amercied, see my book at large, & hic cap. 115. Such lands, and such persons as are chargeable or liable to the payment of Issues, shall also be chargeable to all Amerciaments and Fynes assessed in any of the King's Courts; whereof see hic antea cap. 11. But Sheriffs shall not be charged with, nor accountable for any amerciaments, issues, or fines, other than those for which they shall have warrant to levy under the Seal of the Exchequer. Neither are they to gather or levy any amerciaments, issues, or Fines, until they have received such warrant or Estreat under the seal of the Exchequer. The king shall have all Amerciaments, Fynes, Issues, and forfeitures lost or forfeited, before any of his judges or justices in any of their Courts or Sessions; Or forfeited in the Courts of Exchequer, of Wards, or of the Duchy; or before the Steward of the king's House, the Commissioners of Sewers, and the Clerk of the market, etc. but these must be first Estreated into the Exchequer, and from thence process goeth out to the Sheriff to levy the same as aforesaid. And those Estreats shall mention how much every one is to pay; and by those Estreats, the Sheriff is to receive the king's debts, and these issues, fines and amerciaments, and to make acquittances or tails thereof to the parties, and thereof to acquit the Debtors at his next account, Hic cap. 10, & 90. And yet note that the Estreates of the justices of Peace be an immediate warrant for the Sheriff, to levy not only the Fynes and Amerciaments, but also all other issues and forfeitures whatsoever arising before them. Hic 125. The King shall have all Amerciaments, fines, issues and forfeitures, forfeited in any of the Sheriffs Courts within Wales; and the Sheriffs of Wales shall account for the same: but not so of other Sheriffs in England. By the Statutes of 2. & 3. E. 6. cap. 34. it appeareth that Sheriffs shall be accountable for all Fynes for Alienations and Intrusions, made by the King's Tenants, etc. within their County, as well as for Fines imposed upon Offenders: And for such Alienation or Intrusion (after an Office thereof found) and process out of the Exchequer received, the Sheriff or Escheator may seize the lands for the fine. CHAP. 14. Forfeitures. Where the Sheriff may seize the Lands, Lands. or profits of the lands of persons attainted for Treason or felony, etc. See hic cap. 6, For misprision (or concealing) of Treason, the offender being attainted, shall forfeit to the King, the profits of his lands, etc. during his life. In case of Praemunire, the Offender shall forfeit his fee simple lands for ever and the profits of his entailed lands during his life. Felons condemned, or which be fugitives, the king shall have the mean profits of their freehold lands, from the time of the felony committed, until an Office, etc. found for the king; and the year and day next after the Office found. And yet by some opinions the king shall have the profits of their lands, but for the year and day after their attainder, For petty Treason, or felony, the King shall have the profits of their lands entailed, during the Offenders life, So if Tenant in Dower, tenant by the Courtesy, or Tenant for life, commits felony, etc. the king shall have the Escheat but during his life. Where the person attainted is seized in right of his wife, the king shall have the profits of such lands, during the husband and wife's life. Of Lease for life or years, he forfeits the Term. And in these cases the Officer may seize the profits of such lands, to the use of the king. See hic cap. 6. But in cases of Heresy, Conjuration, Witchcraft, Sodomy, and the like, there shall be no forfeiture of lands for that the offences be spiritual. Goods. All goods and chattels, real, and personal, movable and unmovable, of persons attainted for treason, felony, misprision, or Praemunire, or for heresy, conjuration, or witchcraft, etc. shall be forfeit to the king. scz. all such goods as they shall have at the time of their attainder. And these the Sheriff or other Officer may seize ex officio. And in these and all other forfeitures, the Town is chargeable with the goods; and therefore they also may seize them wheresoever they be. It seemeth by Master Glanuile, That in his time, for theft the Sheriff himself had the felons goods, which were forfeited to his own use. But now the Statute de Praerog. Regis, cap. 16. giveth all felons goods to the king, the words whereof are Rex habebit omnia catalla felonum, dampnatorum, & fugitivorum, &c, And under this word Catalla, be comprehended Leases for years, the issues of lands and tenements, corn growing, debts due by obligation, Statutes or Recognizances, or upon an account, goods wrongfully taken from the fellow, and stolen goods, and Debts due upon a simple contract, etc. An obligation made to two, or two possessed of a horse, ox, or other entire chattel, and the one of them is attainted, the king shall have the whole debt due upon the obligation, as also the horse or ox, &c, But note that always when any forfeiture is of any selons goods, it ought to appear of Record. Nei●her may the Sheriff (or other Officer) seize the goods of any person imprisoned (or indicted) for felony, before he be attainted of the same: but yet the Officer may cause surety (presently upon the taking of the fellow) to be given that the goods be not imbeazeled. etc. and for want of Surety, the Officer may seize them, and may praise them, and deliver them to some of the neighbours of the town where the goods are, by them safely to be kept until the Offender be convicted, or acquitted; yielding to the fellow reasonable maintenance thereout for himself and his family; so long as he shall be in prison. Also where one is found guilty before the Coroner; of the death of another, or where it is found before the Coroner that one did fly for felony, in these cases the Officer may presently seize upon their goods, without any conviction. And if a man shall fly for felony, though his goods be not thereby presently forfeited, yet the Sheriff may seize his goods, and the profits of his lands to the king's use, until the fugitive shall be attainted, or acquitted. Upon a fugam fecit presented before the Coroner, the goods ought presently to be seized by the Sheriff or his Officers, and praised by an Enquest, and the Sheriff shall cause the appreisement to be entered and enrolled in the Coroners Roll, and shall then deliver the goods to the Town, etc. who shall be answerable to the king for the same, But for the issues and profits of the lands of felons, and fugitives, the Sheriff is chargeable therewith (and not the Town) and the Sheriff shall seize them into the king's hands without taking any Enquest. A man arraigned for felony, stands mute, or challenges above 35, without cause, he shall forfeit his goods. A Clerk convict, and a Clerk attaint, shall forfeit their goods. A man abjures before the Coroner for felony, he shall forfeit his lands and goods: otherwise where a man doth abjure for heresy, trespass, 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 Lunatic killeth himself, they shall forfeit nothing. If a Parson, (or other Ecclesiastical man) shall commit felony, or shall be utlawed, or otherwise shall forfeit his goods, the Sheriff, etc. may seize his goods, and his Tithes received, wheresoever they lie or be. The petty jury attainted in a Writ of attaint, shall forfeit all their goods, and the profits of their lands during their lives. Affrayors before any justice sitting in place of judgement, shall forfeit their goods, and the profits of their lands. So Affrayors in Westminster Hall, sitting any of the king's Courts. Persons wearing any privy Armour in the king's Palace, or in Westminster Hall, shall forfeit their Armour. Persons riding or going armed Offensively, forfeit their Armour, and the Sheriff must seize it, praise it, and shall be answerable for it. See plus hic, cap. 11 12.52. CHAP. 14. Other forfeiture of Goods. GOods stolen and after wayved, scz. left or cast away by the fellow (when he is pursued) are forfeit to the king. And the Sheriff or any other may seize them to the use of the king:, but if the fellow had not the goods with or about him when he fled, than they are not forfeit, Goods confiscate, scz. goods stolen (or found in the felons possession) which are lost by default of claiming them, or by disclaiming them, etc. such goods are forfeit to the king, and the Sheriff shall be charged therewith. So of Goods stolen, if the owner shall not persecute and give evidence against the fellow to attaint him. Estrays, scz, where any beast or cattles, or swans cometh within any Lordship, and none knoweth the owner thereof, than it shall be seized to the use of the King (or of the Lord, etc.) But the Sheriff or other Officer that shall seize an Estray, aught to proclaim it according to law, scz. (Once in the Church, and) in the two next market towns. Deodands, scz. any goods causing the death of a man shall be forfeit. Note that the jury which do find the death of the man, must also find & praise the Deodand; & the Sheriff may presently seize the same for the king; Or may leave or deliver them to the town; and the Sheriff shall be charged to levy the price thereof of the town, whether the same were delivered to them to keep or no. Goods of Egyptians, the Sheriff within one month after the arrival may seize them to the King's use. And yet every person that shall prove by two credible witnesses before the Sheriff, that any of those goods were craftily or feloniously taken from him, shall be presently restored thereto by the Sheriff, upon pain to forfeit the double value. A man utlawed for Treason or felony, shall forfeit his lands, etc. And all his goods which he had at the time of the exigent awarded, or at any time after. And although he shall be afterwards acquitted of the felony, or shall yield himself upon the exigent, yet he shall forfeit the profits of his lands, & all his goods, for that such absenting himself, is accounted a flying in law. Also for utlary in any personal action, he shall forfeit the profits of his lands, and all his goods real and personal which he had at the time of the oulawry pronounced; and the Sheriff or Escheator ex officio may seize to the king's use, all the profits of the lands in his possession, and may mow, sever, and take all the corn, and grass growing, and may take the feed and herbage of the grounds, and take the rents of his fermors to the king's use. But the king's Officers may not meddle with the possession of the freehold lands, scz. to blow, sow, grant or let the same. Neither may they crop any trees, nor cut any underwoods' (growing up- the Freehold) nor any other thing which is not cut or taken yearly. And yet if Tenant for years be utlawed, the king's Officer may seize that land & term, and may blow, sow, and occupy the same land, and take all other profits thereof as the termor might. Also goods which the party utlawed, hath jointly with another, the king's Officer may seize the whole for the king. Goods bailed (by the party utlawed) to another to keep, may be seized and taken for the king. The party utlawed makes his Executor, and dyeth, his goods in the hands of his Executor may be seized for the King. A Ward shall be forfeited by utlarie. But no goods annexed to the freehold shall be seized for utlary. Dear in a Park shall not be forfeit by utlary in a personal action. Goods which the party utlawed hath as Executor, shall not be forfeit. Goods demised or let, nor goods pawned, or lawfully distreined, shall not be seized for utlary, quousque, etc. Also where the Lord of a Manor or Franchise hath by charter the goods of felons, fugitives, or outlaws, there the Sheriff is not to meddle with, or to seize such goods, etc. When the oulawry with the Exigent is returned by the Sheriff into the Court, etc. then is it a good oulawry to disable the party to sue, etc. And yet before the return it is sufficient for the king, and therefore the king's Officers may seize the goods of the party utlawed presently after the utlary pronounced, and keep them. But the Sheriff may not sell the party's goods before the Capias utlagatum cometh to him: And upon the Capias utlagatum, the Sheriff may either sell them, or keep them to the King's use. And yet for that the Sheriff (by this writ) is not commanded to sell the goods, therefore if the utlary be reversed by a writ of Error, the defendant shall have restitution thereof, (although they were sold) except that the Sheriff hath accounted for them in the Eschequor before the Vtlary reversed. Vide hic cap. 59 The Sheriff may not arrest the body of him that is outlawed in any personal action, without a writ of Capias utlagatum: But otherwise where the Vtlarie is for Felony or Treason. If the King shall pardon a man who cometh in upon the Capias utlagatum, before that the party be satisfied, yet if it be after judgement, the Sheriff must take heed that he doth not suffer him to escape until the party be satisfied. Also upon Vtlarie returned by the Sheriff, a writ sometimes goeth out to the Escheator, to seize the goods and chattels, and the profits of the lands of the party utlawed. 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 unknown: And such money or goods the King is to have; and the Sheriff is to seize it to the King's use. Goods wrecked, or wreck of the Sea scz. Goods cast or left upon the land by the Sea; the King is to have (except where the Lord of any Franchise, or Manor, etc. hath it by Charter, or by Prescription.) And where the King is to have these goods, the Sheriff may seize them to the use of the King, and shall praise them by a jury, and then he may keep them himself; or deliver them to the town where they are found to keep, and then they shall answer for them. But the owner hath a year and a day (after the seizure by the Officer) to claim them; so that if any within the year and day after the seizure, shall prove that the goods were his, they shall be presently restored to him, paying reasonable charges. And therefore if the goods be such as may be kept sweet & good by the space of a year, there the goods must be preserved during the year, otherwise the Officer which seizeth them is punishable: But if the goods will not keep so long, there the Officer may sell such goods, and deliver the money taken for them to the town to keep; or else he may keep it himself, and answer for it. But this claim, and proof of the property, by the owner is given only where a man, dog, or some other quick thing escapeth out of the Ship alive. Note that except the Ship do perish (and be drowned) the goods cannot be forfeit, nor said to be wreck. The goods of an infant, woman covert being Executor, a man in prison, or beyond the sea, being wrecked at the sea, and not claimed within the year and day, etc. shall be forfeit. The King also is to have Whales, and other Royal fishes, &c, CHAP. 17. Wards, Escheats, Idiots. BY the Statute de Scaccario made An. 51. H. 3. Sheriffs shall seize and keep all such Wards, & Escheats, (that are not in fees) as belong to the King, which be within their shires, and of the issues thereof they shall be answerable in the Exchequer, when they account for their countries: and they might let to ferme, or otherwise such Wards, and Escheates; and might seize their bodies, etc. Also by the Statute made 2. & 3. E. 6. Cap. 34. it seemeth that Sheriffs shallbe accountable for all Wards, Marriages, and Releifes, &c, But at this day all the King's Wards are to be within the order, survey, and governance of the Court of Wards, together with their lands, rents, & issues thereof. And the Escheator is now the Officer appointed to inquire thereof, and to seize their lands, etc. CHAP. 18. BY the aforesaid Statute de Scaccario, Escheats. Sheriffs shall seize the Escheats that fall, to remain to the King in fee. If the King's Tenants (in fee simple) dieth without an heir, and no other person entereth, the King is in by Escheat, and hath a freehold without any Office, and the King's Officer may seize it for the King. In cases of Heresy, Conjuration, and the like, there is no Escheat, hic cap. 14. All Escheats within any City, pertain to the King. Plus hic cap. 6.7. & 14. concerning Escheats, and the Sheriffs duty therein. CHAP. 19 IF there shall be an Idiot (scz. a natural fool) there may be a Writ awarded to the Sheriff, Idiots. or Escheater, both to examine him, as also to inquire by a jury of such Idiot, and of his lands, etc. But there can be no seizure of the lands without an Office first found; nor of the profits of their lands. Also the King shall have the custostody of an Idiots body, and goods, as well as of his lands, and that during their lives; providing them things necessary for themselves, their wives, and family. But all Idiots and their lands, etc. shall be in the ordering of the Court of Wards. And yet the King nor his Officers ought not to seize the lands (nor the Issues of their lands) of an Idiot, until he be found an Idiot by an Office. Lastly, the words of the Sheriffs Oath are, You shall truly keep the King's rights, and all that belongeth to the Crown: Now these former (and other the King's Prerogatives of the like kind) although they are a great part and portion of the rights, profits, and commodities of the Crown, yet this Prerogative doth not only extend to such benefit and profits as the King is to have from his Subjects as aforesaid: But also to the King's person, to free it that it shall not be subject to any man's suit; and also to his possessions, so that they may not, nor can not be taken from him by any violence, or wrongful disseisin, and to his goods and chattels, so that they are under no tribute, tolle, or custom, nor otherwise distreinable. And in all these, and other the King's Prerogatives, the Sheriff is to do his best endeavour for the keeping and preserving thereof, so far forth as belongeth to his Office. Note that the King's person is so sacred, as that no violent hands may in any case be laid upon him: neither may he be sued by action (as a common person or subject may.) But wheresoever the King shall seize any man's land, or take away any man's goods, (having no Title) there the Subject is driven to suit his Sovereign by way of Petition only. For the King's possessions, or lands, that they cannot be extended or taken in execution. See hic cap. 26. So all the King's lands are exempted from distresses for rent, etc. For his Goods also, they cannot be taken for waifs, Wrecks, or Estrays. The King being Nonsuit, &c. cannot be amerced. That he shall find no Pledges de prosequendo hic cap. 45. CHAP. 20. Direction and execution of Writs. NExt, The Sheriff is duly and truly to serve and execute all manner of Writs, Process, judgements, and commandments, made or directed to him from any of the King's Courts. And indeed the office of a sheriff consists chief in the execution & serving of Writs and Process of Law; and to do this, he is the immediate Officer of the King and all his Courts, scz. To execute the Writs of the Common Law. And this he must do (or cause to be done) truly and duly, and in every behalf as the Writs themselves commands, without any favour, dread, or corruption, or else he is punishable. By the ancient Law of this Land, all original Writs (purchased at the suit of the party to maintain actions) are to be directed to the Sheriff of the County where the cause of the suit doth arise, and cannot be directed to any other person than the Sheriff, unless it be in special cases, where there shall be good cause of execution to or against the Sheriff; and there the Writ shall be directed to the Coroner, who then standeth in the place of the Sheriff. And if the Sheriff be dead or removed, yet the Process shall not be directed to the Coroners, but shall stay until another Sheriff be chosen. Where there be two Sheriffs, (as in London and York, etc.) and Process goeth out to the Sheriffs, there one of them may not return the Writ alone, although the other be dead; and yet it is used, that one of them doth serve it, (which is the serving of them both) but the return must be in the names of both of them. But in things spiritual the Ordinary is the immediate Officer to all the King's Courts, to serve their Process, etc. Execution of Writs. Sheriffs and their Vndersherifes shall receive all manner of Writs in any place, and at all times, within their County, when and wheresoever they shall be delivered them; and shall make thereof. Warrant to their Bailiff, etc. or else execute it themselves. A Writ delivered to the Sheriff, of or upon Record, is imbeaseled, See hic Cap. 37. After the Writ executed, the Sheriff must return the same into the Court from whence it came. If the Sheriff (or his Officers) shall not execute the Writ, or shall not return it, or shall make any false return thereupon, he is punishable. And yet in some cases, although the Sheriff executeth not the writ, he may excuse it by his Return. Hic Cap 38. CHAP. 21. ALl Writs are usually delivered to the Undersheriff, and executed by him. And yet the High-Sherife may execute them himself, or he may by word only, command his Undersheriff, Bailife, or other sworn officer, or his own servant to serve or execute the same. Or he may make or command any stranger (being neither a known nor sworn Officer) to execute it; but then the Sheriff must deliver such a stranger, either the Writ itself, or else a Precept or Warrant in writing. And yet any stranger, by the commandment of the Sheriff, and as his servant, may justify to serve and execute any Process, and that without any Precept in writing. Also the Undersheriff may either execute the Writ himself, or else must make his Warrant (in writing, and in the High-Sherifes name) to the Bailiff or other officer to do it; or he may make such Warrant to any stranger. The bailiff or other Officer to whom any Warrant shall be directed and delivered, ought with all speed and secrecy to execute the same. The bailiff or other such officer must execute the Warrant himself, and can command none other to do it, neither by word nor writing; and yet they may take what number of other persons they shall think meet to aid them in the execution of their Warrant. And so if the High-Sherife shall direct his warrant to his Undersheriff, here the Undersheriff must execute it himself. Quaere. None shall be arrested for debt, trespass, or other cause of action, but only by virtue of some Process, Precept, or Commandment out of some Court. But by the custom of London, upon a Plaint or Suit for debt, first entered before the Sheriffs against another, the Sergeants may arrest the debtor by the commandment of the Sheriff, (to appear and answer to the suit, and that without any process, warrant, or Precept in writing. The Sheriff, Undersheriff, Bailiff, or other Officer, may (if need be) take Posse comitatu, to execute any writ, or other lawful warrant directed to them, and such as shall not assist them therein, being required shall make Fine to the King. The Sheriff (or other Officer) is not to dispute the authority of the Court, or justice: from whence or whom they shall receive any writ or warrant, but at their perils are to execute the same. And yet some cautions are to be observed therein: 1 First, where the Court, or justices (out of which, or from whom; the writ or warrant cometh) hath no jurisdiction of the cause, the Officer is not bound to execute it, nay may not safely do it. 2 If the Sheriff shall be commanded (comment per breve le Roy de south son privy scale) to surcease the Execution of any writ to him directed out of any of the King's Courts, the Sheriff may not safely surcease thereupon: For (by Law) the Sheriff by no writ may surcease, etc. but only by writ or warrant out of the same Court out of which he had his first commandment, 4. E. 4. fol. 17. & 14. E. 3. Fitz. return de vic. 89. Execution of Writs. 3 One being in Execution, the commandment of the King's Court (immo del nostre Seignior le Roy luy mesme) without writ, is no sufficient warrant to the Sheriff to deliver the prisoner: But upon such command without writ, it seemeth the Sheriff may carry the prisoner to any place, so as he bringeth him back again. Quaere. 4 One being in prison upon an Execution, or upon a Capias utlagatum, if the Sheriff shall deliver him upon a writ of protection de seruicio Regis (or per breve south Signet le Roy,) these seem no sufficient excuse to the Sheriff, etc. Dyer. 162. Vide hic cap. 163. 5 And sometime again the Kings Writ under the great Seal is no sufficient warrant to the Sheriff to deliver a prisoner. As if the Sheriff upon the Writ de Homine repleg. shall deliver a prisoner that is in for Redisseisin, he shall be amerced. So if a prisoner condemned in arrearages before Auditors, shall be delivered upon the said Writ de Homine replegiando, it is an Escape, and the Sheriff shall pay the debt. And yet he which is imprisoned for a contempt only, may be discharged by the commandment of the king, or of his justices, by word only. 6 Also Knights and Burgesses of the Parliament, and Clergy men called to the Convocation, etc. and their necessary servants (attending upon their masters) during the time of the Parliament shall not the arrested upon any original process for debt, trespass, or the like; but must have their privilege. Eund', morand, & redeund ' allowed them. Neither shall any such privileged person be arrested upon any writ of Execution during the Parliament. Neither shall any of their goods or cattles necessary be attached or taken by the Sheriff, or other Officer, except it be in case of Treason or felony. 7. If a Knight or Burgess of the Parliament, etc. shall be taken upon an execution, etc. the Sheriff ought presently to deliver them, being sent for by the house, hic cap. 29. But yet upon a Capias utlagatum they may be arrested during the Session of Parliament. 8. Also all such persons whose attendance is necessary many of the King's Courts (at Westm. or elsewhere) shall not be arrested, upon any original process, but shall be discharged upon showing their Writ of Privilege. And so note that in some cases, the Sheriff is bound at his peril to take knowledge of the Law, and of the authority & jurisdiction of the King's Courts & justices. But if a Capias, a writ of Execution, or Exigent shall come to the Sheriff against a Duke, Earl, or other Noble man or woman, though it lieth not against them, yet the Sheriff, etc. aught to serve or execute the writ, and must not argue or dispute the validity thereof. CHAP. 22. The Officers duty. THe Sheriff, Bailiff, or other Officer (to whose hands any Writ or Warrant shall come) ought with all speed and secrecy to execute the writ or warrant delivered to him. And in the execution thereof he is truly to pursue the effect of the same writ or warrant in every behalf, and according as the same commandeth. A sworn and known Officer, needs not to show his writ or warrant when he cometh to serve it; but then he ought to declare the contents thereof, (scz. at whose suit he maketh the arrest, etc. for what cause, out of what Court, and when it is returneable) to the end the party may free himself by payment, etc. or by finding sureties. Yet this declaring of the contents of the warrant by the bailiff or other Officer must be understood when the other party yields himself to the arrest, and not when the party maketh resistance. A special bailiff, or the Sheriffs or Vndersherifes servant (being no sworn bailiff) must show their warrant to the party demanding it. And it is safe for every Bailiff (or Officer) to keep their warrants by them, thereby to make justification if need be. An Officer giveth sufficient notice what he is, when he saith to the party, I arrest you in the King's name; and the party ought to obey him (at his peril) though he knows not him to be an Officer, If the Officer cometh to arrest a man, and he flieth, the Officer may pursue him, and take him again, though in another County: But if he were arrested, and then flieth, the Officer may not only pursue and take him, but may also justify to beat him if he resisteth, If there be two or more of one name; the Sheriff may return it so, and that therefore he knew not how to execute the writ, hic cap. 61. For to arrest one man for another, or to attach one man's goods for another, is punishable. If an Officer doth arrest a man before he hath a warrant, and afterward he procureth a warrant (or a warrant cometh to him) to arrest the party for the same cause, yet he is punishable for the first arrest. A Sericant in London attacheth a man before the suit or plaint be entered, the Sericant is punishable, If the Sheriff, etc. shall make any warrant (to arrest or summon, etc. any person) without an original writ aswell the Sheriff or other party that made such warrant, as also the procurers thereof, shall be punished to the king, and party grieved. And yet if a Capias, etc. shall come to the Sheriff without an original, and the Sheriff shall make warrant thereupon, or otherwise execute the same, he is excusable; and the arrest thereupon made is good. If the Sheriff shall make his precept to the bailiff of a Liberty, reciting that he hath received the Kings writ to take the body of such a man, whereas there came no writ to the Sheriff, this is a good excuse for the bailiff, and the party is to have his remedy against the Sheriff. An Attorney maketh a Capias directed to the Sheriff, where there is no original, the Attorney shall be grievously punished. If the Officer arreste●h one upon a Capias, and after retornes non est inventus, he is punishable. After the Officer hath arrested a man, if he suffereth the prisoner to go at large to seek sureties, etc. Or to go by bail or baston, yet it is an escape, and punishable, though the prisoner shall come again. And if the prisoner cometh not again (at his day) yet the Officer can not after take or arrest him again upon his former writ or warrant. Where a man is in Execution for Debt, and the Sheriff or Gaoler lets him go at liberty for a time, and then to return, and he cometh again at the time, yet this is an escape, and the Sheriff shall be charged for the debt, But if the prisoner had escaped of bis own wrong without the Officers consent, the Officer may take him again, when and wheresoever he shall find him. Old Sheriff. If an Officer shall arrest a man by virtue of a warrant from the old Sheriff after he is discharged, an action lieth both against the Sheriff and Officer. So where any man not having authority, shall make a warrant to arrest another, and thereupon the Officer shall arrest the party, the action lieth aswell against the judge, etc. who made such warrant, as against the Officer. If a man be imprisoned upon a warrant from a justice of peace (for some riot, forcible Entry, for the peace, or the like) and after a Capias (or other writ) cometh out of the king's court, to the Sheriff to arrest the same person, the Sheriff upon the Capias must return this special matter, and must have the body of the prisoner in Court at the day, whence after his answer put in he shall be remitted by the Sheriff into the country there to make answer before the justices of Peace, Note when a man is in the Sheriffs custody by process of law, or other lawful warrant, and after another writ is delivered to the Sheriff, to take the body of the same man, the Sheriff is now chargeable with him upon both the writs; and if the Sheriff shall refuse to take the second writ, or shall not keep the prisoner thereupon, it is an escape in the Sheriff. Also note that any subject of this Realm may be sued (and arrested) be he bond or free, woman or infant, The person. or Religious person, or be they outlawed, excommunicated, or any other without exception, See Plus hic 21. & 24. And yet the body of a Noble man may not be arrested upon a Capias in process; but upon a contempt they may, Place. The Sheriff (or other Officer) may execute the Kings Writ within the Churchyard or Church, so that it be not done to the disturbance of diu ne service. But no man may arrest any Minister, etc. which is doing any Divine Service. The Sheriff (or his Officer) may execute any process, Time. or do any other Ministerial Act upon the Sabbath day, at the suit of the king, or of the subject. The Sheriff (or his Officers) may also execute any process, or do any other Ministerial act in the night time. But the Sheriff, nor his Officers, may not break open any man's house in the night time, to execute any process or to do any other ministerial act: or the law giveth no colour to break a man's house by night. Upon a Capias or Latitat, etc. the Sheriff or his officers may arrest the party the same day in which the writ is retornable, or which is the day of appearance (scz. before the fourth day.) If the Officer shall not arrest the party, when he findeth him, and may arrest him, he is chargeable to the Plaintiff for his whole damage. Note that Writs concerning common Pleas (Real, or personal) are of two sorts, scz. Praecipees, or Si fecerit te Securum, etc. Upon Praecipees the Sheriff is to command the defendants to do somewhat in certain, which the Plaintiff sueth for, which if he do not, than the Sheriff is to serve the process. But upon Si fecerit te Securum, the Sheriff is to serve the process without more ado. CHAP. 23. Warrants upon mean process, their forms. THe Sheriff or his Undersheriff, to whom any mean Process or Writ shall be delivered, are either to execute it themselves, or else are speedily to make out warrants to their bailiff or other Officers for the execution thereof. And these warrants must be made according to the several 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 material, so that they be made in due form, The form of a warrant (from the Sheriff to the Bailiff) to cause one to appear. A. B. Cantabr. Miles vicecom' come pred ballivo (a) Libertatis de E. Omnibus ballivis meis, tam infra libertat', quam extra. Omnibus ballivis meis infra comit' pred. Hundred de R. (b) Necnon I. W. & T. B. ballivis meis hac vice, & eorum cuilebet. salutem. Ex parte Dom' Regis (c) Vobis coniunctim & divisim. Vobis & cuilibet vestrum coniunctim & divisim. tibi mando, quod (d) Capiatis, seu unus vestrum capiat. capias I.S. si &c. Et eum saluo etc. Ita quod habeam corpus eius coram (e) Domino Rege (if in the King's Bench, etc. See cap. 75.) Iustic' Domini Regis apud Westm. in (f) Die jovis prox' post Octob. Octobris▪ Sancti Hillar. ad respond C. D. de ꝑlito (g) Transgressionis. Conuentionis. Detentionis. etc. Debiti. Et hoc, etc. Datum sub sigillo Officij mei decimo die Aug, An regni Domini Regis nunc Angliae, etc. 3. Per A.B. milit vice com'. Warrant de Destring '. Cantabr. A, B. (etc. ut supra) mando quod distring' I.S. de W. armig' ꝑ omnes terr' & catalla sua, etc. Ita quod habeam corpus eius coram Iustic', etc. Ad respondend tam Domino Regi quam I. D. de ꝑlito transgress. etc. sub poena, C.s. Alias. Ita quod habeas corpus eius coram Iustic' domini Regis ad pacem in come praed ad prox' Session' suam apud C. tenend, ad respond dicto domino Regi de diversis transgress. unde Indictatus est, etc. sub poena 40. s. Another form of a Warrant. Decimo die Aug. An Dom' 1628. By virtue of the King's Majesties writ to me directed, Cantabr. retornable Coram Domino Rege apud Westmon. die Iouis prox' post quind sanct Hillarij, etc. (reciting the words in the writ) you shall arrest I.S. if he may be found within my bailiwick, to answer to C. D. in a plea of trespass, etc. (or in a plea of debt, etc. according to the writ) Datum sub sigillo Officij mei, die & anno suꝑdictis. ꝑ A.B. Milit' Vicecom '. To I.P. and R. S. my special Bailifeses in this behalf, jointly and severally greeting. A good form of a warrant to be used upon Executions, or upon a Capias utlagatum, etc. Cantabr. A. B. Miles vic' come praed omnibus ballivis meis tam infra libertat' quam extra Necnon I.B. & C.D. ballivis meis hac vice tantum salutem. Ex parte & dom' Regis vobis & cuilibet vestrum coniunctim & divisim mando, Quod Capiatis seu unus vestrum Capiat I.S. si, etc. ut supra. CHAP. 24. Executions how to be done and executed. And first upon a Statute Merchant. Upon a Statute Merchant, Statute Merchant. the Sheriff upon the Capias must first take the body of the Conusor or Debtor, if he be a Layman (and can be found;) and must keep him safely in prison, until he hath satisfied, (or agreed for) the debt and damages. And after half a year (which time is given to the debtor being taken to sell his lands and goods to pay his debts) if the debt be not satisfied, then upon an Extendi fac ' the Sheriff shall by a jury praise the lands and goods, and then shall deliver all his lands and goods to the Creditor, by a reasonable rate, extent or value; and yet the body shall remain still in prison, until the debt be paid. Also upon the Capias, if (the party cannot be found, and that) a Non est inventus be returned by the Sheriff, an Extent (or Extendi facias) shall go out, (against the Conusors' lands and goods, and against his body) upon which the Sheriff shall presently cause all the Conusors' lands and goods to be praised by a jury, and to be delivered to the Creditor; or else he 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 Sheriff shall deliver the same lands and goods, to the Creditor at a reasonable price (scz. as much as doth amount to the debt, etc. And here if the Sheriff shall return that he hath extended the lands, etc. he must return further that he hath delivered the same to the Plaintiff. Hic cap. 58. If the preisors of the lands or goods, (scz. the jurors) do over value them, then shall the same lands and goods be delivered to the same preisors at the same price, and they forthwith shall be answerable unto the Creditor for his debt or duty contained in the Statute Merchant, and chargeable with the payment thereof at such days, as the Rents or revenues are payable or receivable. CHAP. 25. Execution upon a Statute Staple. Upon a Statute Staple, the Sheriff upon the Writ of Execution shall take the body of the Conusor (si laicus fit, etc.) And shall also presently by a jury, extend and value or praise his lands, Tenements, goods and chattels. But the Sheriff must seize the lands and goods into the King's hands, and shall return the same extent and Presentment into the Chancery; whereupon a Liberate shall come to the Sheriff to deliver 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, etc. And so note that upon a Statute Staple, the Extent and preising of the lands and goods of the Conusor shall be first made and returned by the Sheriff; But the Sheriff shall make no delivery thereof to the Conusee till the Liberate come; upon which Writ delivered to the Sheriff, he shall then (without any other Inquisition) deliver to the Conusee such lands and goods as were before taken in execution, and according to the former valuation by the Iury. And the Sheriff having taken the body of the Conusor, must keep him safely, until he hath satisfied the debt and damages, or otherwise agreed for the same. If the preisors of the lands or goods do over value them, than they shall be delivered to the Preisors, and they shall be answerable to the Creditor, as in case of a Statute Merchant. The Sheriff upon an Extendi facias (to have execution upon a Statute Staple) doth extend the lands of the defendants, and preiseth his goods, and seizeth them into the King's hands according to the Writ, but before the delivery thereof to the Conusee another writ of Praerog. cometh to the Sheriff out of the Eschequor for the King, to levy a debt for the King, the Sheriff must first levy the King's debt, and to return that Extent into the Eschequor; for the King by his Prerogative shall first have execution of those lands and goods; for that the property of the goods, nor possession of the lands, are not in the Conusee, until they be delivered to him by the Liberate. Plus hic cap. 58. Also note that the King shall be preferred in all his suits and executions, before any subject, scz. if his suit be commenced before the other hath judgement. Again, for the King's debt by specialty not only the body of the Debtor, but also his lands and goods in his own hands, or in the hands of his heirs, assigns, executors, administrators, or possessors are liable. hic cap. 10. Yea the heir in Tail 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 be extended, or taken (by the Sheriff) in execution upon a Statute, in case of a common person. Upon a Statute Merchant 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 soever they shall come. In a writ of Debt, execution shall be of any land which the defendants had the day of the judgement given. Lands entailed are liable only 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 years is extendable. The wife's lands are extendable during the Coverture. Lands in Ancient Demesne are extendable: quaere tamen. Copyhold lands are not extendable. A Rent may be delivered in Execution. But an annuity cannot be delivered in Execution; Nor any other thing which may not be granted or assigned over. Lands come to the King's hands can not be extended: and so all other the King's lands are exempted from executions. Reversions and Remainders shall be extended, eum acciderint. If the Conusor be taken and dyeth in prison, yet his lands and goods may be delivered to the Conusee in execution. If the Conusor escapeth out of prison, yet his lands and goods may be extended, etc. If the lands be in execution to another man; or that another is in possession of the land by Descent; the Sheriff may not put them out of possession without a Scire facias: And therefore in such cases the Sheriff ought first to return such special matters upon the writ de Extendi facias, Vide hic return de Elegit. Goods. All the goods and leases for years which the Conusor or Debtor had the day of the judgement, or at the time of the Statute or Recogn' acknowledged shall be extended (by some opinions:) But yet by the better opinion, only such goods as he had at the day of the execution awarded or sued, Plus hic cap. 20. CHAP. 27. Execution upon a Recognisance. Upon a Recognisance, the Sherfe is to extend the moiety of all the lands, etc. which the Conusor had at the time or day of the recognizance acknowledged, or at any time after; but this is after the Scire facias returned by the Sheriff, and thereupon an Elegit awarded to the Sheriff. And this Extent of the moiety of the lands, shall be made by the Sheriff, by meets and bounds. Also the moiety of the lands which the Sheriff hereupon shall deliver to the Conusee, shall be to the Conusee until the debt be paid or levied at or by a reasonable rate out of the annual rent of the land. Also the Sheriff (upon a Recognisance) is to extend all the goods and chattels of the Conusor; except his plough, cattles, and implements of husbandry. And this extent (or valuing & preising of the lands and goods of the Conusor upon a recognizance) must also be by an Inquisition or jury of 12. men which the Sheriff (in such cases) must charge to make enquiry according to the writ. And if the preisors of the lands, or goods, (scz. the jurors) do overualue them, than they shall be delivered to the Preisors, and they shall be answerable to the Creditor for the debt, as in case of a Statute Merchant. CHAP. 28. Execution upon an Elegit. BY force of an Elegit, the Sheriff may take in Execution, & deliver unto 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 Blow cattles) until the debt be levied upon a reasonable price, or rate, scz. so that the Conusee (out of the goods and yearly rent of the lands) may be satisfied his debt in some reasonable time. And upon the Elegit the Sheriff may deliver in execution the moiety of all such houses, lands, tenements, and rents, as the debtor had at the time or day of the judgement given, or at any time after. And the execution shall be made (by the Sheriff) of the moiety of the lands, by meets and bounds. The Extent or valuation of the lands, etc. and the appreising of the goods, aught to be by a jury, etc. for the Sheriff himself (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 deliver any goods in execution (upon an Elegit, Statute, or Recognisance) or extend any lands, but such as are praised, etc. by a Iury. But upon an Elegit, if the Lands or Goods be overpreised, the preisors or jury, are not chargeable, nor shall have the goods delivered to them, as in case of a Statute. Note that in all cases where the Sheriff is to extend, value or praise any Lands or Tenements, or any Goods, the Sheriff and the jurors may lawfully go together to the Lands, etc. to be extended, or into the house or upon the grounds where the goods be, and there may value and praise them: But the Sheriff may not break open the doors, or gates to this purpose. Copyhold lands shall not be delivered (by the Sheriff) nor extended upon an Elegit. Nor lands in ancient Demesne shall not be delivered in execution by force of an Elegit. The Lands of a Bishop, or Lands which a man hath but during the Coverture, may be delivered in Execution upon an Elegit. Upon an Elegit, if the Sheriff shall extend a Lease for years (the jury (which he shall cause to inquire thereof) must find the beginning of the Lease, and also the certainty of the term to come. And this certainty of the Term ought to appear upon the Sheriffs return of the Inquisition. But upon a Fieri facias, the Sheriff may extend and sell away the Lease or Term without reciting any certainty, scz. the Sheriff may (in his sale thereof) recite that the Debtor hath a Term of such a Close, pro termino diversorum annorum adtunc ventur': and that he selleth the same to I. S, by force of the Furi fac, etc. But if the Sheriff will take upon him to recite the Term, and recites it falsely, and so selleth the same Term, such his sale is void; except withal the Sheriff selleth also, all the Interest which the debtor hath in the same land. Also the Sheriff ought not (or at least needeth not) to mention any certainty of the Term in his Return of the Fieri facias, but generally quod fieri fecit de bonis & catallis, etc. And the Sheriff hath election either to sell quite away a lease for years remaining in the debtor's hands; or else he may only extend and deliver the same term or lease to the Conusee at a certain yearly value, which last seemeth to be the most indifferent course, for that there still remaineth a property in the Conusor, so as upon payment of the debt he may have his term or lease again. Note that no stay or delay of any execution shall be upon any writ of Error, or Supersedeas, except there be security first given to the Plaintiff (in the Court where the judgement shall be given) to prosecute the Writ of Error with effect, & to satisfy the debt, damages, and costs, etc. 3. jacob. Cap. 8. Plus hic Cap. 58. CHAP. 29. Execution upon a Capias ad satisfaciendum. Upon this Writ the Sheriff must arrest and take the body of the party, and put him into prison, and there must keep him without Bail or mainprize until satisfaction (or agreement) be made to the Plaintiff, of the whole debt and damages recovered against him. So that if the prisoner do escape, the Sheriff must pay the whole debt and damages, except the prisoner be presently taken again upon fresh suit. Also if the Sheriff shall suffer such a prisoner to go out of prison, upon Bail, or with a Keeper, (except it be by the King's Writ) the Sheriff shall be answerable for the debt. And therefore the Sheriff must be sure to keep such prisoners safely, and may put them in fetters and gyves. But if such a prisoner do escape (of his own wrong, scz.) against the will, or without the consent of the sheriff or officer, than the Officer may take him again (by virtue of the same Writ, before the Return thereof) when and wheresoever he can find the prisoner, although it be in another County. Yea, it seemeth the Sheriff at any time may take such prisoner (making an escape of his own wrong) again, and may keep his body in custody until he hath made his agreement with the Sheriff, etc. Or where such a prisoner doth escape of his own wrong, if he be taken again by the Gaoler, etc. the prisoner shall remain in execution for the party again, if the party will. And yet where a Knight or Bourgesse of the Parliament, or other person so privileged, shall be taken in execution, the Sheriff ought presently to deliver such prisoner being sent for by the House, etc. and the party may after the Parliament have a new execution against the Debtor. What persons may not be arrested and taken upon a Writ of Execution, See hic ca 21. & hic infra. Such persons as are necessarily attendant in any of the King's Courts, although they being arrested upon any original Process, shall be discharged thereof upon showing their Writ of Privilege; yet if they shall be taken upon any execution, the Sheriff ought not to deliver them upon their writ of Privilege, for then the party should be without remedy. Where a man is in the Sheriffs custody upon an execution, the Sheriff may not deliver him, nor suffer him to go at large, (though with a Keeper) upon any commandment of any of the King's Courts, or justices, (as it seemeth) without it be by the King's writ. Plus hic Cap. 21. Yet if one in execution be suffered to go at large for a time, by the commandment of the Court, and by the consent and agreement of the Plaintiff, and after the prisoner returneth again, this is not any escape. But where the Sheriff hath one in execution for debt, if an Habeas Corpus, or Corpus cum causa, cometh to the Sheriff, to have the body at Westminster, etc. upon a certain day; here the Sheriff may not only carry his prisoner to London through another County, but the Sheriff in these cases may go and take what way or place he shall think to be most sure and safe for himself, and to carry his prisoner. And upon a Corpus cum causa, or a Certiorari, etc. procured by any person being in execution, the Sheriff must return the truth or cause of the prisoners in prisonment, that so the prisoner may be remanded, etc. If the Sheriff shall arrest one upon a Capias ad satisfaciendum, and shall not return the Writ, nor satisfy the Plaintiff, this is an escape, and the Sheriff is chargeable for the debt; neither may the Sheriff arrest the party again for the same cause, Vide hic cap. 54. If the Sheriff hath arrested one upon a Capias ad satisfac ', etc. and after the prisoner is rescued from him, this is an escape, and the Sheriff is chargeable for the debt. Execution upon a Levarifacias. Upon a Levari facias the Sheriff cannot seize the lands, and deliver them to the party: but he is only to take the corn, grass, and other profits growing upon the lands, and the goods and chattels of the debtor, and may deliver them to the party; and the Sheriff may take the Rents payable by the tenants (in execution of the debt) and bring them into the Court. Note that the Sheriff in debt, may deliver any land whatsoever that the party had; the day of the judgement given, or at any time af●er, into whose hands soever they shall come. But as to Chattels, the execution shall be of such only, as the party defendant had the day of the Execution sued, scz. the day of the Teste of the writ of execution; So that if the defendant shall sell his goods bona fide, after judgement, and before the writ of execution sued, those goods are not to be taken by the Sheriff, nor liable to the execution; But if the defendant hath sold his goods by Covin after the Recovery or writ of Execution sued, there the Sheriff may take those goods in execution. See hic cap. 61, CHAP. 30. Execution upon a fieri facias. Upon a fieri facias, the Sheriff is only to take in execution the goods & chattels of the defendant, scz. his leases for years, (of houses or lands) and his corn growing, or sown upon the land, or his movable goods, as corn in the barn, cattles, householdstuff, money, plate, apparel, etc. And here the Sheriff may either keep the goods himself, making his return accordingly; or the Sheriff may deliver the goods (or money for the same being sold) to the plaintiff in execution; or rather the Sheriff may sell the goods, and bring the money into the Court, and so the Court to deliver it to the Plaintiff. And upon the fieri facias, the Sheriff needs not to praise the goods by a jury; but the Sheriff himself may sell the goods as well as he can; and yet to praise them by a jury, and then sell them, is more indifferent and safe. Upon a Fieri facias, the Sheriff may sell a Lease or Term for years, without (enquiry of the value by) a jury. Note that the Sheriff is commanded and compelled by this writ of fieri facias to sell the goods of the defendant: And the property of the goods seized by the Sheriff upon this writ, are not altered by the seizure, but by the Sheriffs sale thereof. For the words of the Fieri facias be Praecipimus tibi quod de terris & catallis praed ' I.S. fieri fac ' C.s. Et illos habeas, etc. ad respond, etc. And here though the judgement be afterwards reversed in a writ of Error, yet the defendant shall have no restitution of his goods, but only shall have the value thereof as they were sold; and the buyers thereof shall quietly enjoy them, because the Sheriff had lawful authority to sell them, Upon a fieri facias come to the Sheriffs hands against A. If A. shall happen to die before the writ be executed, here the Sheriff may execute the writ upon the Executors, or Administrators of A. Or the goods of A, coming to the hands of any stranger, the Sheriff may levy or make Execution of these goods in the hands of the stranger. But the Sheriff (or other Officer) must be careful that they take none but the defendants or debtors own goods in execution: for though they shall find them in the possession of the defendant, yet if upon trial they shall be found to be none of the defendants goods, than the Officer which shall take any such goods in execution is punishable and chargeable to the right owner of the goods. If therefore it shall be doubtful to the Officer, whether the goods be the defendants or no, let the Sheriff take heed that he returneth not that he hath taken so much goods of the defendants, and that he hath Denarios illos paratos ad reddend, etc. for so he may be charged double for them, scz. both to the Plaintiff, and to the defendant for the same goods. But let the Sheriff either keep the goods himself until the parties be agreed: Or else let the Sheriff take security of the Plaintiff to save him harmless, etc. And to stay the return of his writ until he be well advised what to do therein. Or rather where the property of the goods is doubtful, it is safest for the Sheriff, either not to meddle at all with such goods as shall not plainly appear to him to be the proper goods of the defendant; or else to inquire by a jury in whom the property of the goods be; for the Sheriff or Officer at his peril must take knowledge in whom the property is; but being found by the jury, it excuseth the Sheriff. Also if the Officer shall attach goods which are not the proper goods of the defendant; or shall arrest one man for another of the same name, in both these cases the Officer is a Trespasser. Goods gauged or pawned for debt, can not be taken by the Sheriff in execution: nor goods demised or let for years, nor goods distreined. Upon a fieri facias, if the Sheriff shall levy the money, and shall keep the same in his hands still, the party Plaintiff may have his action of account against the Sheriff. And if the Sheriff shall return fieri feci, sed non inveni Emptores, than a venditioni exponas shall go out; mes la party navera unques un novel Execution. Note that upon a fieri facias to levy xx.l. if the Sheriff returneth fieri feci x.l. quàs habeo ad diem, etc. at which day he hath not the money, and then a new Sheriff is chosen; here the Plaintiff shall recover that x. l. against the old Sheriff, etc. CHAP. 31. Summons. ALl Writs or Process concerning the Common Law, shall be awarded under the great Seal of England; and shall be made out in the King's name only, Summons is a writ directed to the Sheriff, commanding him to bring in the party by a day, or to cite or warn the defendant or tenant to appear at a certain day to answer to the plaintiff or demandant. This Summons ought to be made by (or in the presence of) two Summoners (at the least) being neighbours, & liberi & legales. In Real actions the Sheriffs order to execute this process (of Summoneas) is to go himself, or to send his bailiff to the land, with the Summoners, and there to cite or warn the tenant or party, by sticking up of a white stick in his land, which being done, the Sheriff must return two common Pledges for the Plaintiff, and then the names of the Summoners thus. Responsio A. B. vic' come infrascr'. Pleg' de prosequendo johannes Doo. Richardus Roose. See hic cap. 45. Summonit' infranom ' I. S. (the defendant Rich. Den. Hen. Fen '. This Summons or warning of the defendant to appear and answer, etc. is so necessary by the Common Law, as that without the same, all the proceed, yea and the judgement after, are oftentimes made frustrate, and besides the Sheriff subject to punishment. In Real actions the Sheriff (or his Officer) must summon the tenant or defendant upon the land, demanded (be he tenant thereof, or no) and this summons to the tenant must be first to keep his day of the return (naming that in certain) to answer to the demandment, etc. Secondly, to show the name of the demandant. And lastly, to name the land in demand. And in writs of Summons the Sheriff may not allege or return Non tenancy, in him whom the writ supposeth to be tenant. In a Petite Cape the Sheriff must summon the tenant to answer to his default only. But in a grand Cape the tenant shall be summoned to answer to his default, and further to the demandment. And the Sheriff may come upon the land with the Summoners, and there summon the party, yea if the Sheriff by information of the demandant shall summon the Tenant in another man's lands, the Sheriff shall be excused for such his Entry, etc. But the Summons (in a Praecipe) ought always to be done in the day time (scz. between Sunrising, and Sunne-setting,) and not in the night. Where the action is to reco●er the freehold of land itself, the Summons must be made in the same land. Where the action is brought against one as heir, there the Summons must be in land that did descend. Upon a Praecipe, if the defendant be not tenant of the land in demand, yet the Sheriff is to summon him upon the land in demand, eo quod petens testatur quod tenens est. So he in reversion shall be summoned in terra petita, although it be another man's freehold. But the party can not be summoned by a rend service, rend charge, common, nor the like, for that the soil is another man's freehold; nor by his goods. And yet in Assizes of of Novel disseisin, and Nuisance, where the original process is an attachment, Pone ꝑ vadi●s & saluos pleg', there the defendant may be summoned, scz. attached by his goods. Also where a man hath no land whereupon he may be summoned, there the Sheriff may summon him by his person; as in actions of annuity, covenant, or the like. In a writ of Right of Aduowson, as also in a Quare impedit, the Sheriff may Summon the defendants in the Church. In a Praecipe against 4. if the Sheriff summoneth one, that is a Summons to all, Tamen vide hic cap. 70. that all must be summoned. In an action of debt brought for damages recovered in a Writ of Entry, &c, the Summons shall be to the person. And so in all personal actions, the Sheriff must Summon the defendant by his person. In a Scire facias against a Clerk, the Sheriff is to summon him only by his land, if he hath any Lay fee; or else by his person; but not by his goods. If the Sheriff shall return one summoned, who was not summoned, the Sh●rife is punishable, hic cap. 70. & 85. Note that in every writ, the defendant ought always to be summoned 15. days at the least, before the day of the return of the writ. By the book called the Mirror of justices, reasonable Summons is when it is testifiable by two lawful free witnesses, neighbours, and made to the person, or at the house or tenement contained in the demand, with warning of the day, place, party, judge, and of the action, and with reasonable respite at the least of 15. days, to make their answer, etc. Note also that the Sheriff cannot summon himself, nor serve any other process upon himself, hic cap. 44. CHAP. 32. Attachment. AFter the Summons, if the tenant or defendant cometh not in, then there issueth an attachment, which is a Process authorising the Sheriff to go to his house, or land, and there to take Surety by pledges; or to attach him by his hoods; to the end that he shall appear and answer to the Plaintiff or demandant. So that upon the attachment, the Sheriff (or his Officer) may either go to the party's house, etc. and there take of him Sureties or Pledges for his appearance, yet these Pledges are not to be bound in any sum, but only to give their words for the appearance of the party and if he shall not appear, than these Pledges shall be only amerced. Or the Officer may attach the party by his goods, citing him to appear and answer such a day, at such a man's suit, in such a Court, and for such a cause, etc. Or if the Officer shall only give warning to the tenant or defendant, (in the presence of two others) to appear such a day, in such a Court, at such a man's Suit, etc. it is good enough. A Clerk or Ecclesiastical person may not be attached by his goods; but must be summoned or warned by his person, or upon their lands if they ha●e any lay fee. The tenant or defendant can not be attached by his land; nor by any parcel of his freehold, as by a clod, etc. nor by any chattel real. Neither may a table dormant, or any other thing which is fastened to the freehold be attached (as a furnace, doors, windows, waynescots, pales, or the like:) and if the Sheriff shall attach a man by any such thing, he is punishable. But an attachment ought to be made by such goods of the defendants own proper goods as are moveables, scz. by mere chattels personals, which may be forfeited by utlary. The party may not be attached by his horse whereupon he rideth, if he hath other goods whereby he may be attached. Neither may a man be attached by his Apparel which is upon his body. No goods shall be attached but the proper goods of the defendant; and not goods that are pawned or borrowed. If the goods attached be quick cattles, the Officer may impound them in a Common pound. If they be dead chattels (as a pot, Pan, or the like) the Officer may take & carry them away to his own house, etc. Or the Officer may first attach them, and then take Sureties for the redelivering thereof, etc. and so leave them with the owner who was attached thereby, But this is not so safe without taking good sureties, or taking an obligation of the owner, for the Redelivery thereof, if he shall make default of appearance, etc. which obligation so taken seemeth to be good. If the defendant shall not appear at the day of the return, than the goods attached are forfeit to the king; and the Sheriff shall be answerable for the value thereof. If the Officer shall leave the goods or cattles attached with the owner (as aforesaid) yet the Officer may take them again upon default of appearance. A Bailiff sworn and known may make an attachment without any warrant in writing, for to him a command or warrant by word only is sufficient. The servant of the Plaintiff (or any other stranger) may make the attachment, if so he hath the Sheriffs warrant. A woman Covert shall be attached by her husband's goods. The defendant or tenant must always be attached 15. days (at the least) before the day of the return of the writ. And for default thereof, the Sheriff shall be amerced. CHAP. 33. Capias ad Respond'. IN real Actions, when the Tenant hath been attached, and appeareth not thereupon, or if he appear, and after maketh default, then issueth the grand Distress, whereby the Sheriff is commanded to distrain the Tenant by all his goods and chattels which he hath within the same County, & also to answer the King the profits of his Lands. In Trespass, and other personal Actions, if upon the Attachment or Distringas the Sheriff returneth nihil, then there goeth out a Capias & Alias, Pluries, & Exigent, scz. if the defendant be not taken, nor yields himself in the mean time. This Process is to take the body of the Defendant: And upon this Capias ad Respondendum, the Sheriff, etc. shall first arrest, and after imprison the party; or else must take bonds of him, with good Sureties for his appearance, etc. The form whereof See hic, Cap. 97. Where the Sheriff hath arrested one by force of his Writ, if the Plea shall happen to be discontinued by the King's death, or otherwise, the Sheriff may there suffer such his prisoner to go at liberty without danger. Note, that if the Pluries be not served, it is a contempt in the Sheriff, whereupon an Attachment lieth against him. CHAP. 34. Venire facias. THis Writ is of two sorts most usual. The one is, to cause the party, (scz. the Defendant) to come in and answer, etc. And this is but as a Summons, and upon this, if the Defendant be returned sufficient, and maketh default, than a Distringas shall go out: but upon a Nihil returned, a Capias, Alias, and Pluries goeth out, supra. The other is, to cause the Sheriff to impannell and return a jury. Upon the Venire facias juratores, (which also is but as a Summons) if the Sheriff shall return the names of the jury, and they do not appear at the day, then shall go out an Habeas corpora juratorum, and after that a Distringas juratores, to distreyn them until they come, etc. scz. a Distringas infinite. There be diverse other sorts of this Writ, as you may see in the Register amongst the judicial Writs. Plus hic Cap. 78. CHAP. 35. Distringas. THis Writ is directed to the Sheriff, commanding him to destrein the party (Defendant) or the jury, for his or their appearance, etc. Or to distrain one for the King's debt. A Distringas for the appearance of the party to come and answer, shall go out infinite, scz. until the party cometh in and appear. The party, as also the jurors, by virtue of this writ are to be distreined by their goods, and by the issues of their lands, to come, etc. The which they shall lose and forfeit to the King if they come not. The wife shall be distreyned by the goods of her husband, which shall be returned by the Sheriff in issues. For the Sheriffs distreyning of the King's Debtors, see hic Cap. 10. There be also diverse other sorts of this Writ of Distringas, in the Register, amongst the judicial Writs. Plus hic retorn' de Distring ' ca 56. & 78. Note that this Distress infinite seemeth to be at the Common Law, in stead whereof the grand Distress is now given in diverse cases, (by statute) by which Writ the Sheriff is to distrain the Defendant by all his goods and chattels, and also to answer to the King the issues of his lands: And the said writ is to be read and openly proclaimed in the County Court, that the Defendant come in at the day contained in the writ, to answer to the plaintiff, etc. And the Sheriff is to make return of the same Proclamations, etc. Vide hic cap. 102. CHAP. 36. Return of Writs. NOte that in the execution of all Writs and Process the Sheriff must observe two things: First, he must in every behalf do all that which he shall be commanded by the writ itself, & may proceed no further, nor otherwise than the writ authoriseth him. Secondly, the Sheriff is to return the same writ into the Court whence the writ came. These Returns are nothing else but the Sheriffs answers, certifying the Court touching that which they are commanded to do by the King's writ, and are to ascertain the Court of the truth of the matter. And these Returns seem to be the most difficult things belonging to their office; for the Sheriff must be very careful and circumspect, that he makes these Returns according to Law, both for substance and form, otherwise he shall not only endanger himself to be amerced or sued for the same, but also he shall endamage the parties, & may hazard the cause or suit itself. For the manner and form therefore of Returns of writs you must observe these Rules. 1 First, the Return must be made according to the ancient course & Precedents, and by the usual words. And therefore in a Praecipe quod reddat, or in debt if the Def. yields the land, or payeth the money, yet these are no good Returns. Hic Cap. 56. 70. & 78. Also omission of words usual maketh the Return void: As Residuum huius brevis, for Residuum executionis huius brevis. Scire feci. A. quod sit coram vobis, omitting these words, Ad faciendum quod breve requirit. 2 The Return aught to answer the point of the Writ: As where a Scire facias is to warn the heir of the lands of M. the Sheriff must not return that he warned the heir of the said M. but he must return him heir of some lands, according as the writ requireth. 3 It ought to be certain in the year, day, and place, and in the person, yea it ought to be certain to every intent: And yet these (or the like) words in the Return, scz. Prout (or secundum quod, or ad faciendum quod) istud breve exigit & requirit, do oftentimes help the incertainty. 4 The Return must be true. 5 It must not be repugnant. 6 It must not be double. 7 It must not be contrary to the confession of the party. 8 It must not be contrary to the verdict of the jury. 9 It must not be contrary to the Writ or Record. 10 It must not be contrary to a former Return made by himself, or by his predecessor, except in some special cases. See hic Cap. 44. 11 It would be in true and good Latin. 12 Also the Sheriff is not to return any thing which should come in by the challenge of the parties. 13 And yet Surplusage in a Return doth not make void a Return, for as to the Surplusage the Court taketh no regard. 14. The Sheriff ought not to return Resistance, nor a Rescous, for that in such cases he should have taken Posse Comitatus (except where the Rescous, etc. were to the bailiff of a Liberty, or where the Return is, That the party was rescued per ignotos) for there it appeareth not, that the Sheriff can have any remedy against the offenders, quaere, Also in a Replevin he ought not to return that the cattles are in a Castle, Fort, or Park, so that he could not make deliverance; Causa qua supra. 15. He might have returned (upon a Capias) that the party had taken Sanctuary; but this privilege of Sanctuary is now out of use. 16. He may return that the party is fled into such a Liberty, and there continueth, so as he can not take him. Yet in this case, if the king be a party, the return is not good, for there the Sheriff must enter the liberty, and execute the Process. Also if the Sheriff had once taken the body, and then had come with his prisoner along by a Franchise, etc. and then the prisoner had claimed the Franchise, here the Sheriff shall still be charged with the body, and may not return quod fugit ad libertatem, etc. Languidus. 17. Languidus in prisona seemeth to be a good return. So if the Sheriff returneth that the defendant is so sick that he can not take him (or carry him) out of his house, without danger of his life. Otherwise where the Sherfe was commanded to have the body there at a day, Also if he return Caepi corpus, sed non possum habere pur malady. Quaere of this. 18. Upon a Capias, Mortuus. the Sheriff may return that the party is dead, Tamen quaere. But it is a good return in these writs, scz. in a Corpus cum causa. Praecipe quod reddat. Scire facias. Upon an Habeas corpora juratorun, or Distring ' jurator, if any of them be dead, the Sheriff may return it accordingly, But upon an Exigent it is questioned whether the Sheriff may return the party, quod mortuus est; for that by the Exigent, the Sheriff hath no authority but only to call the party to appear, and upon his appearance then to take him, etc. And it seemeth that the Sheriff may not return the defendant Mortuus, but only where there are words in the writ, to command the Sheriff to summon, warn, or take the defendant, or to distrain him. Plus hic attaint, & Replevin. Note that if the Sheriff retorneh that the party is dead in prison, he must show further, that the Coroner had the view of the body. Nihil. 19 In what writs the Sheriff may return Nihil upon the tenant or defendant. See hic postea throughout the retornes of the several writs. How the return of Nihil shall be made. See hic cap. 45. But the Sheriff cannot return Nihil upon him whom he hath once returned summoned, or distreyned in another writ, except it be upon some special matter returned also by him See hic cap. 44. If a juror be once returned sufficient, he may not after be returned Nihil. Plus hic cap. 44. But if the defendant be returned sufficient, he may after be returned. Nihil. Plus hic cap. 44. Also wheresoever the defendant is to be summoned, garnished or attached, if the Sheriff returneth him Nihil, etc. he shall not do amiss to return further, Nec est inventus in balliva mea. Non est inventus. 20. Again wheresoever the Sheriff returneth the defendant Nihil, or Non est inventus, his return must therein be dire●t and general, without these or the like words, scz. Prout mihi constare poterit; for he ought to take knowledge. Also in Real actions, where the Sheriff may Summon the Tenant upon the land demanded, it is no good return, Quod nihil habet, or Non est inventus: for that the Sheriff in such cases is to Summon the party in terra petita, though the land be another man's. The Sheriff returned Non inveni partem, etc. for Non est inventus, it is erroneous. 21. The Sheriff may not return an Inhibition out of the Arches; for he is to perform the commandment of the kings writ notwithstanding the inhibition. 22. It is no good return for the Sheriff that the party will not pay his fees, or costs or charges, and that therefore he did not execute the writ. 23. Upon a Capias, if the Sheriff hath taken the body, and then the defendant shall procure a Supersedeas, and deliver the same to the Sheriff, yet the Sheriff may not thereupon let his prisoner go, and return the Capias with the Supersedeas, etc. But otherwise if the Supersedeas had been delivered to the Sheriff before the party were arrested or taken. See plus hic cap. 53. 24. In every writ (except it be in an attachment, or upon a Capias) the Sheriff may return Tarde, scz. (Quod breve, Tardè. adeo tarde sibi venit, or sibi deliberat fuit, quod illud exequi non potuit propter brevitatem temporis,) and it is good, if it be true. But if the Sheriff shall make such a return where he hath sufficient time to serve the writ, he is punishable. But also if the Sheriff shall return Mandavi ballivo libertatis, etc. qui mihi respondit, quod breve adeo tarde venit quod illud exequi non potuit, etc. the Sheriff shall be amerced, for here it shall be intended to be the Sheriffs default. 25. If the land, Mandavi ballivo. or other cause of the suit be within a Liberty, than the Sheriff (having received the kings Writ) must make his precept to the Bailiff of the Liberty; and the Sheriff is to return his answer. But the Sheriff must return Mandavi ballivo, and not quod mandavit ballivo. See plus hic cap 39 26. Clerk. Clerks or Ecclesiastical persons (being beneficed) upon Process out against them, the Sheriff (in most cases) is to warn, garnish, or Summon them by their persons, or else by their lands (if they have any lay fee:) And if the Sheriff can not find such party (to summon him by his person,) Nor that he hath any lay fee; Then the Sheriff may return, Quod Clericus est beneficiatus, non habens laicum feodum ubi potest summoniri, etc. Nec est inventus in balliva mea. Plus hic cap. 71. & 75. 56. But such Return is only where a Distringas or Capias goeth out. Nihil habet is a good return in debt or trespass against a Clerk. Infant. 27. An infant is impleadable by Law; and therefore in real actions the Sheriff ought not to return that the tenant is an infant. Also oulawry returned by the Sheriff upon an infant is a good return, if the infant be above the age of 14. years. Woman Covert. 28. In actions against the husband and wife; where the process is an attachment, the wife may be attached by the goods of the husband: (See hic cap. 35) Or rather the Sheriff is to return pledges upon them both. But the Sheriff may not return the husband attached, & the wife Nihil. Where the husband and wife are divorced, yet upon a Scire facias against them, the Sheriff is to summon both of them; and must not return that they are divorced. In a Real action, the Sheriff ought not to return that the tenant is a woman covert. 29. Upon a fieri facias against Executors, Executors. the Sheriff may return as followeth. scz. Quod nihil habent. Or, Non habent aliqua bona testatoris. Quod bona elongata sunt, (if it be true.) And if the Executors have wasted the goods of the testator; or have employed the same to their own use, the Sheriff may return a Devastaverunt. He may also return further, Quod nulla habent bona seu catalla, de bonis suis proprijs, in balliva sua unde, etc. Upon a Fieri facias against Executors, the Sheriff returneth that they have sold the goods, etc. this is no good return; for the Sheriff should have taken other goods of the Executors to the value thereof. So it is no good Return, that all the Executors save one have nothing; for the Sheriff ought to make Execution of that which is in the hands of that one Executor. Upon a Devastavit found, and judgement given against Executors, the Sheriff upon a Scire facias against the Executors may seize the proper goods of the Executors, if there be not sufficient of the Testators goods. So if the Executors shall plead Ne unques Executor, and that be found against him, and judgement thereupon given, etc. Plus hic cap. 61. CHAP. 37. Where the Sheriff shall be amerced, or otherwise punished for his Return. IT appeareth in the former Chapter, that if the Sheriffs retornes be not made according to Law, both for substance and form, the Sheriff shall be punished. So if the Sheriff shall make no return of the writ (in most cases) he is punishable, hic cap. 38. So if he shall not make a due return of every writ that shall be delivered to him. So if his Return be incertain, or otherwise insufficient. So if he shall make any false Return. If he returns a Capi corpus, or reddit se, and hath not the body at the day of the Return, he shall be amerced. And if it be upon a Capias ad satisfaciendum, and the Sheriff returneth C●pi corpus, and hath not the body at the day he shall not only be amerced, but also he shall be chargeable to pay the whole debt. If upon a Fieri facias, the Sheriff returneth Fieri feci, etc. and hath not the money in Court at the day of the Return of the writ, he shall be amerced; and yet he might have paid the money to the Plaintiff, and so have made no return. See hic cap. 30. & 38. Upon a Fieri facias, he Sheriff returned that he hath levied 20. l. but that he durst not bring it, etc. for fear he should have been rob thereof, and he was amerced for that he had not the money in the Court at the day, etc. If the Sheriff retornes that he could not execute the writ for Resistance, he shall be amerced. So if (upon a Replevy) he retornes that the cattles be in a fort, or Castle, so as he cannot deliver them. So if he retornes small, or no Issues upon the defendants. So if he retornes not issues upon jurors according to the Statutes. So for not returning Pledges. The high Sheriff shall also be amerced or punished for the default of his Undersheriff, in making insufficient retornes, etc. He shall also be punished for the default of his Bailiff or other Officer. But for the defaults of Bailiffs of Liberties, the Sheriffs (at this day) shall not be punished for any insufficient or false retornes of writs made by such bailiffs of Liberties, but the amerciaments shall be set upon the Bailiffs heads. An Exigent which was delivered to the Sheriff of Record, was imbeaseled, and the copy thereof was returned by the Sheriff, and he was amerced for the return of the copy at 30. l. and for the imbeaseling thereof at 20. l. The Sheriff for making a false return of an Exigent was amerced at 50. marks. CHAP. 38. Where the Sheriff maketh no Return. IF a Capias or other mean Process, be executed and not returned, the arrest is tortuous, and the Officer is punishable. So if the writ be misretorned; as if the Bailiff arresteth a man by virtue of a warrant from the Sheriff, and after the Sheriff returneth, Non est inventus. In case of Redissesin or Vtlary, if the Sheriff shall not return his writ, the Sheriff shall be amerced for such his fauxity and concealment. For note that until the writ be returned, the suit is not said to be depending nor the King's courts can not hold plea of the matter; and therefore upon the original writ returned Tarde, an Alias & Pluries shall go out of that Court where the original is returned, Teste the Chief justice, for that by the Return the Court is possessed of the suit; but if no return be made, the Alias and Pluries shall go out of the Chancery, from whence the first original came. And the third writ not being returned by the Sheriff (scz, the Pluries,) it is a contempt, whereupon an attachment lieth against the Sheriff. Upon a second deliverance, if the Sheriff shall deliver the cattles to the Plaintiff, and shall not return the writ, the defendant shall have his remedy against the Sheriff, And yet in some case the Sheriffs return is not so needful. And therefore in all writs of Execution (except an Elegit) as upon a Capias ad satisfaciendum, fieri facias, habere facias seisinam, vel possessionem, Liberate, etc. if the execution be duly done, although the writ be never returned it is no great matter, if so be that the Plaintiff hath his demand, scz his money paid him by the Sheriff, or his seisin or possession of his lands, etc. delivered to him by the Sheriff. Also where no Enquest is to be taken, but only land, scz. (seisin or possession of land) to be delivered, or goods to be sold, etc. which are but matters in fact, these are good although the Writ be not returned. But in case of an Elegit, etc. where the Extent (or preising or valuation) is to be made by an Enquest, and not by the Sheriff alone, that aught to be returned by the Sheriff. Upon a Fieri facias, if the Sheriff levyeth the debt, but neither returneth the writ, nor payeth the money to the Plaintiff, the Sheriff is subject to the action as well of the Plaintiff, as of the defendant, beside he shall be amerced; and yet the levying of the debt was lawful, and the sale of the goods (by the Sheriff) by force of the Fieri facias is good, though the writ be not returned. Also there be some other Writs which need not to be returned; as the writ de Returno Habendo is not retornable. Upon a recovery in a Quare impedit, the writs awarded to the Bishop, to remove the Incumbent, or to admit the Clerk of the Plaintiff, are not retornable. And so in other cases, except the writ requireth it, the Sheriff needeth not to make return thereof. Note that if the writ be retornable, the day of the return is also appointed in the writ. Also all writs of justicies (or Viscountiel writs) are not retornable. Hic cap. 113. In some cases also, although the Sheriff executeth not the writ, but excuseth it by his return, it is good. As. In a Replevin, the Sheriff returneth that the defendant claimeth property. Hic cap. 70. In a Nativo habendo, the Sheriff returneth that the villain allegeth himself to be a freeman. Hic cap. 67. So where the Sheriffs of London return their custom. Or the Sheriff of any County Palatine, return that they have a County Palatine within themselves. So where the Sheriff (of any County) returneth Mandavi ballivo Libertatis qui nullum dedit responsum, etc. Hic cap. 39 So where the Sheriff returneth that the Plaintiff non invenit Plegios de prosequendo, hic cap. 45. So where the Sheriff returneth Tarde, ibid. CHAP. 39 Return de Mandavi balliue Libertatis. AS the Sheriff is the immediate Officer of the King and his Courts, to execute all Writs and Process, so to him all their writs shall be directed, although it be of a matter) scz. of land or other thing in suit, or a thing done) within a Liberty or Franchise; in which cases the Shdrife must write and send his Precept to the Bailiff of the Liberty, who must serve and execute the same, and must make answer (or tetorne) thereof to the Sheriff; but the Sheriff himself must make the Return of the writ into the Court, And yet in a writ of Redissesin, and in a Writ to inquire of waist, and such other writs wherein the Sheriff is made a judge of the cause, there the Sheriff must enter the Franchise, and execute such writs himself, and may neither write to the bailiff of the Liberty to execute it, nor may return Mandavi ballivo, etc. And so it is in other cases, as where the King is a party; or the bailiff of the Liberty a party; or upon the default of the bailiff of the Liberty, etc. See hic cap. 40. For the forms of the Sheriffs Precepts or Warrants to be made to the bailiff of the Liberty, they are to be made like to those which are made by the Sheriff to his other bailiffs (which see hic cap. 2) Saving that where those are direct Ballivo Hundred de, etc. these are to be directed ballivo Libertatis de, etc. Now after that the Bailiff of the Liberty hath returned his answer to the Sheriff, than the Sheriff must make the return of the writ, and of the bailiffs answer, in these (or the like) words, Qui quidem balliws mihi sic respondit, etc. (according to the Bailiffs answer) But the Sheriff may make no other return, but according to that which the Bailiff of the Liberty shall certify him. And yet if the bailiff of the Liberty shall make an insufficient answer, or shall make no answer to the Sheriff, them the Sheriff may make his return of the writ in this manner, scz. Mandavi ballivo Libertatis de, etc. Qui mihi nullum dedit responsum, etc. For the manner and form of such retornes (de Mandavi ballivo Libertatis, etc.) You must observe these things (or rules) in the Sheriffs return. 1. First the Sheriff shall do well to show cause (in such his return) scz. Eo quod praed ' terr' & tenement' sunt infra Libertatem de, etc. 2, Or else the Return must have these words (or the like) Qui habet retorna omnium brevium, & executionem eorundem: infra libertatem praedictam. 3. He must show in his Return whose the Liberty is, or who is Lord of the Franchise or Liberty. 4. He must show or set down in his return, the names of the bailiff of the Liberty, scz. his Christian name or surname. Hic cap. 53. 5. Also where the Sheriff returneth Mandavi ballivo libertatis, etc. he must return further, Eo quod nihil habet inballivam meam. 6. Also there must be such a Liberty within that County, for if the Sheriff shall return Mandavi ballivo Libertatis where there is no liberty, he shall be grievously punished. Again the Liberty must have return of writs Revera sub poena ut supra. And therefore it is needful for the Sheriff to have a note (out of the treasury of the Exchequer) of all the Liberties within his County, which have return of writs. If the Bailiff of the Liberty (upon the Sheriffs precept) shall not execute the writ, That being returned by the Sheriff, than there shall go out a non omittas propter libertatem, commanding the Sheriff to execute the same himself, and there the Sheriff is to enter the Franchise himself, and withal is to warn the bailiff of the Liberty to appear and answer his default before the justices at the day contained in the writ. There should or ought to be indentures made between the Sheriff, and the bailiff of the Liberty of every return which such bailiff shall make. And this is to the intent that the Sheriff should not change the return made by such bailiff, which if the Sheriff do, he is punishable. But the Sheriff cannot serve or execute a writ in part, and write to the bailiff of a Liberty to execute the other part; but one of them must execute the whole (in most cases) because the writ is entire, etc. As upon a venire fac' jurator ': or a Distring ' jurator ': or a Habeas corpora jurator: the Sheriff cannot return part of the jury, and the Bailiff of the Liberty the other part. And yet upon a Capias in debt, against three the Sheriff may return that he hath taken two of them, and that he hath written to the Bailiff of the Liberty, etc. to take the other defendant. And if the land in question do lie part within a Franchise, and part in Guildable, there the jury shall be returned part by the Sheriff, and part by the bailiff of the Franchise. If the land in demand do lie in 2. Franchises, the Sheriff must make his precept to each bailiff. Note that such part of the County as is contributory among themselves to pay Common charges, is called the Guildable; and if there be any special Liberty, that is called the Franchise. Also wheresoever the Sheriff hath served the first writ, he cannot after write to the Bailiff of the Franchise, Nor return Mandavi ballivo libertatis, etc. except it be in some special cases; or that the Sheriff in his return showeth and certifieth some special cause thereof. And herein this difference may be taken, scz. between a thing permanent, and a thing removable. For of a thing permanent, as in a Praecipe of land, if the Sheriff serveth the first process, he ought not after to make his precept to the bailiff of the Liberty, for by his serving of the first process he hath affirmed the land to be within his jurisdiction, But of things removable, as in debt, or trespass, etc. the Sheriff may serve the process at the first, and when it cometh to the Capias, the Sheriff may make his precept to the bailiff of the Liberty to take the body, for that the body is removable, etc. Also the venire fac' jurator ', may be served by the Sheriff, and upon the habeas corpora jurator ' he may write to the bailiff of the Franchise, etc. Et e Conuerso. Also in a Praecipe quod reddat of land within a Franchise, the Sheriff must first take of the Plaintiff Pledges de prosequendo, and then he shall make his Mandavit to the Bailiff of the Franchise, etc. who is to execute the rest. And yet in an Assize brought of land within a Franchise, the Sheriff may return the whole Pannell, and it shall be good. Yea in all cases, wheresoever the return or execution of the writ pertaineth to the bailiff of a Liberty although the Sheriff may more safely enter the Liberty, and execute the writ, cum warrantum habuerit, scz. upon a Non omittas, yet if the Sheriff doth it himself without a Non omittas, it is good: But the Lord of the liberty may have his action against the Sheriff for the same. The Sheriff returneth Mandavi ballivo Libertatis, etc. qui nullum dedit responsum, or retornes that the bailiff will not make deliverance, etc. upon a Replevin Alias or Pluries, these are no good retornes, for the sheriff in such cases ought himself to have entered the Franchise, and made deliverance; yet it seemeth safest for the Sheriff, to have a writ with a Non omittas, etc. before he enter the Franchise, in these cases and the like. CHAP. 40. Where the Sheriff may enter the Franchise, without a Non Omittas. 1. Wheresoever the king is a party, no Franchise shall be allowed; and therefore in every writ for the king, or where the king is any ways a party, the Sheriff himself (or his Officer) are to enter the Franchise, and to execute the process; for none are to serve the King's Process but his own ministers. 2. Wheresoever the Sheriff is a judge of the cause, he is to enter the Franchise, and to execute the writ himself. Hic cap. 39 3 Where the Bailiff of the Liberty is party to the suit, he shall not make the Pannell, or return the jury, but the Sheriff ought to enter the Liberty, and to panel the array. And so where a Capias or Fieri facias cometh to the Sheriff against the Bailiff, the Sheriff must enter the Liberty, & execute the Writ. 4 So where beasts are taken within a Liberty, and wrongfully withholden, and the Bailiff of the Liberty will not deliver them upon the Sheriffs Warrant, there upon complaint the Sheriff ought presently to enter the Franchise, and to make deliverance, etc. 5 So in a Plea of Withernam in the County, by plaint before the Sheriff, if the Bailiff of the Franchise will do nothing upon the Sheriffs Precept, the Sheriff may enter the Franchise without a Non omittas; Et hoc Vicecomiti ex necessitate conceditur. Tamen quaere these two last cases; for by some opinions the Sheriff may not there safely enter without a Non omittas. 6. Also upon an Extent of a Statute Merchant, it seemeth the Sheriff is to enter the Franchise, and to execute the writ himself, and may not return Mandavi ballivo Libertatis, etc. Bailiff of Fee. Where there is a Bailiff of Fee, the Sheriff shall send his precept to him, as to the bailiff of Guildable; and shall not return Mandavi ballivo, etc. but the Sheriff shall make the return of the writ, as if himself had served it. CHAP. 41. ALl Process directed to the Sheriff ought to be returned into such Court, out of which such Process shall be awarded. And the Sheriff (as also the bailiffs of Liberties) ●ught to set the Names, scz. both their Christian name & Surname) to every Return by them made, so that the Court may know of whom they took such Retornes, and for default thereof they shall be grievously amerced; yea without the Sheriffs name the return is void. Upon the return of every writ, the Sheriff besides his setting his name thereto, must also subscribe or add this word, vicecomes. And these Retornes made by the Sheriff, together with the Name of the Sheriff, and of his Office, etc. are to be endorsed on the back of the writ: And yet if it be made or done on the inner side of the writ, it is good. CHAP. 42. Averment against the Sheriffs Return. FOrasmuch as the Sheriff is an Officer deputed by the Law, to the King and his Courts, a man shall not be allowed to Auerre directly against the Return of the Sheriff, except it be in some special cases: and the reason is for that where justice is to be administered and executed, the King and such as are his judges, and under him are to administer justice, must necessarily put a trust and confidence in some person; and if every man might aver against that which the Sheriff shall do, than justice should never be executed, but should ever or oftentimes be delayed, etc. And yet on the contrary, for that Sheriffs and their Officers have oftentimes been found faulty of their parts, in making false Retornes to the King's writs, etc. the which may arise in part by corruption, and in part through their negligence and remissness; and also for that such false retornes were and are oftentimes very mischievous to the King's subjects, therefore the Statutes and Laws of this Realm have in some cases allowed men to aver against the Sheriffs Return. See the Statutes of Westm. 2. cap. 39 & 1. E. 3. cap. 5. And therefore the Plaintiff may aver that the Sheriff might have returned greater issues upon the defendant. A man may aver (in diverse cases) him to be alive, whom the Sheriff hath returned Mortuus. Upon a Rescous returned, the party may traverse the Return. Vtlary returned in case of Felony, the party may aver that he yielded his body at the 5. County. Upon the Exigent the Sheriff returned the party but 4. Exactus, the other may aver that he was utlawed. But where the Sheriff returneth one utlawed, the party cannot aver that that he was proclaimed but at 3. or 4. Counties. Also in cases where the Sheriff is a judge, there the party may not aver against the Sheriffs return, as in writs of Redisseisin, or to inquire of waist. etc. But otherwise where a man's inheritance, or the effect of his suit shall be lost, or his person charged, as also in favour of life, the Sheriffs return is traverseable. In other cases if the Sheriff maketh a false return, and that the party cannot traverse it, yet he may have his action against the Sheriff, etc. CHAP. 43. The Sheriffs Return in some cases shall be of the force of an Indictment. ALthough by the Statutes made Anno 9 H. 3. cap. 29. and 25. E. 3. cap. 4. No man shall be imprisoned nor condemned by suggestion, etc. without lawful presentment; and therefore the sheriffs return of an Escape or of an Rescous made to him, of one arrested by him for felony, albeit that such his return be a matter of record, yet it is not sufficient to force such as made the Escape or the Rescous to make answer thereto, except it were found by Enquest: Nevertheless if a Rescous be returned by the Sheriff of one who was arrested upon a Capias, or for any other cause (except for felony,) such return of the Sheriff is in lieu of an Indictment; and upon such return the other shall be put to answer the same, etc. And therefore where the Sheriff shall return such a Rescous, he must in his return show the certainty of the place, day and year, that the same Rescous was made, and of the persons. But though the Return be without any addition given to the persons making the Rescous, it is good enough. CHAP. 44. THe Return of the old Sheriff shall not conclude the new Sheriff. And therefore where the old Sheriff returned a jury de Visneto de D. afterwards the new Sheriff upon the Distringas returned, Quod non fuit tale visuetum de D. in dicto Comitatu, and this return of the new Sheriff was holden to be good. Upon a Fieri facias, the old Sheriff returned Quod caepit bona ad valenc ' x. l. ad quam non invenit omptores, whereupon there went out to the new Sheriff a vendic' expon ' who returned that his Predecessor, Non cepit bona, etc. and it was holden to be good. And yet if the old Sheriff returneth a juror in issues, and the next Sheriff at the Distringas returns the same juror nihil, the last Sheriff shall be amerced; for here he cannot return nihil, contrary to the former return of his predecessor, but must pursue the last return. And therefore if any such juror hath sold his land, or that it be recovered from him, or that the juror was seized in the right of his wife, who after died without issue by him, or if the juror had an estate conditional, and the condition performed, and a reentry made by the Feoffor, or the like; in these cases the Sheriff ought to return the special matter, and to conclude, Et sic nihil habet, etc. But if the old Sheriff hath returned the Defendants sufficient, the next sheriff may return him Nihil. If the old Sheriff hath returned a man sufficient, who is not, nor ever was sufficient, whereby the next Sheriff is charged with issues, he shall have an Action of Deceit upon the case, against his predecessor. Note also, that a Sheriff cannot summon or distrain himself, nor serve any other Process upon himself: and therefore if any Process shall go out against him, it may be thus returned, Iustic' infrascript' certifico, quod ego A. B. miles modo sum Vicecon ' Con ' C. Ideo meipsum summonire, or, distringere, etc. non possum prout interius mihi praecipitur. And where the suit is against (A. B.) one of the Sheriffs of a City, and another person, both the Sheriffs of the City may make their return after this manner: scz. Summon' infranom' B.C. (the other person) joh. Den. Rich. Fen. Et quoad summon' infranom' A.B. Iustic' infrascr' certificamus, quod idem A. B. & ego A. B. iam unus Vic' Civit. Nor. sumus unus & idem, & non alius neque diversus. Ideó ego prae fatus A.B. & H.H. altar Vic. Civitatis praed meipsum secundum exigent. istius brevis summon' (vel Distr.) non possumus. CHAP. 45. The forms of Returns of Writs. HEre I will set you down briefly the manner of returning such Writs as are most frequent and usual; and for the residue, as also for the more full return of these, I must refer you to my book at large. Note, that the form of every original writ is in this manner; scz. Rex Vicecomiti, etc. salutem. Si A. (the Plaintiff) fecerit te securum de clamore suo prosequendo, tunc, etc. Plegij de Pros. By which words the Sheriff is commanded, that if the plaintiff shall find to him pledges that he will prosecute the Suit, that then the Sheriff do execute such Writ upon the Tenant or Defendant, in such manner as in the writ is further mentioned: and thereupon the Sheriff is to return (upon the plaintiffs part) two common Pledges, De Prosequendo. Also in every original writ where Summons Summons. lieth, (or where the writ is Summoneas per bonos Summonitores, etc.) there the Sheriff must first summon the Tenant or Defendant to appear and answer, etc. And this must be done in the presence of two Summoners, the manner whereof see hic antea cap. 31. After that the summons is made, than the Sheriff must return the writ in this manner following: scz. If the Tenant or Defendant be sufficient, First, the Sheriff must return two common Pledges for the Plaintiff, Do prosequendo, and then he must return the Tenant or Defendant summoned, or attached, as followeth: Responsio A.B. A●mig. vicecom. comitat. infrascript. Plegij de presequendo. joh. Do. Rich. Roose. Summonitores infranominati I. S. the Defendant. Simon Brown. Rob. Flack. Attach. And if the party hath no land whereupon he may be summoned, as also in personal actions, or otherwise, (if the writ be Pone per vad & saluos plegios, etc.) then the sheriff must make his return thus: Infranominat. I.S. (the Def.) attachiatus est per Pleg. Simon Brown. Rober. Flack. Or if the Sheriff cannot find the party, than thus: Infranominatus I. S. attachiatus est per unam vaccam etc. praetij xx. s. But if this word Attachiatus be wanting in any Return where the party is attached, it is no good return. Hic cap. 52. Also such or the like return may be made for the summoning or attaching of the Tenant or Defendant, in all real actions, if the Tenant or Def. be sufficient. But if the Defendant, Nihil. etc. be insufficient, than the Sheriff may return the Defendant or Tenant nihil, after one of these manners: Responsio A.B. Ar. Vic' come infrascript. Plegij de Prosequendo. joh. Do. Rich. Roose. Infranominatus I. S. nihil habet in balliva mea per quod (or unde) summoniri potest. And this return of Nihil, may be made in any Real action; or in actions of Annuity, Covenant, Debt, or other writ where Summons lieth: and yet if that there be no land where he may be summoned, Quaere if this be a good return without saying, Nihil habet, etc. unde summoniri potest, and further, Nec est inventus in eadem, for that the party may be summoned by his person. If it be in trespass, the return may be thus. Infranom' I.S. Nihil habet in balliva mea per quod Attachari potest. But the Sheriff may not return, quod Nihil habet, etc. prout ei aliquo modo constare poterit. In a Debt or Trespass, etc. Nihil habet is a good return without saying, Nec habuit post receptionem brevis, or Nec habuit die receptionis brevis; for it shall be intended. Upon a Distringas, The return may be thus: Infranomin' I. S. Nihil habet in terris, tenementis, & haeredit' infrascript' per quod ipsum Distringere possum: Or thus, Nihil habet per quod potest Distring '. Upon a Fieri Facias, The return may be thus. Infranomin' I. S. Miles, nulla habet bona seu catalla, terras aut tenementa in balliva, mea unde denarios infraspecific' fie●i facere possum, prout interius mihi pracipitur. Upon a Scire facias, The return may be thus: Infranominat' I. S, Nihil habet in balliva mea ꝑ quod ei Scire facere possum, Neque est inventus in eadem. A. B. Ar. Vicecom. Now if there be two defendants or tenants, than the return may be thus. Infranominat. I. S. & I. D. Nihil habent, nec eorum alter aliquid habet, in balliva mea, per quod summoniri, or Attachiari, etc. possunt. And if there be more than two defendants, &c, you must then name but one of them, and say further, Et ceteri defend. infranominati Nihil habent, nec eorum alter aliquid habet in balliva mea, etc. ut supra. And yet these two last retornes of Nihil habent, where there be two or more defendants, are good enough without saying, Nec eoram alter, etc. Or if the Sheriff will not make Execution of the writ, but will delay the same, Then they will do it after one of these two sorts following. Responsio A. B. vicecom. Com. infrascript. 1. Infranomin. I.S. non invenit mihi Plegios de prosequendo, Ideo nihil feci, etc. Or, 2, Istud brene mihi deliberat' fuit adeo tarde, quod illud exequi non potu● propter brevitatem temporis. And note that in every writ which hath therein this clause, Si A. fecerit te securam de clamore suo prosequendo, tunc, etc. There if the Plaintiff shall not find sureties to the Sheriff, that he will prosecute the suit, the Sheriff for default of the Plaintiff therein, needs not to execute the writ, but may return as aforesaid, Non invenit mihi Plegios, etc. But let the Sheife beware, that these or other his retornes be true; for as they are dilatory, and mischievous to the Plaintiff, so are they dangerous to the Sheriff, being not only a breach of his oath, but also he is subject to be amerced by the Court, and beside to be sued by the party grieved for such his false return. Now concerning Pledges pledges. (or Sureties) which are to be found, either by the Plaintiff to prosecute his suit; or by the defendant (or tenant) to appear and answer, etc. you must observe these rules following. 1. First, the Sheriff ought to return none for Pledges, but only such as consent thereto. 2. Such Pledges should be of persons which be able and sufficient, as well in their Estate, as in Law. And therefore if they be poor in estate, it is at the Sheriffs peril. So if they be persons within age, or women Covert, or persons outlawed, etc. 3. Also there should be at least two Pledges. 4. But at this day, for the Pledges de prosequendo, it is but matter of form, and the use is to return Common Pledges in most cases, scz. joh. Do. Rich Roose. And yet in a Replevin, before that the Sheriff (or his Officers) shall make any deliverance of any distress or cattles taken and detained, they are to take sufficient Pledges or Sureties of the owner of the cattles, etc. Tam de prosequendo, quam de Returno habendo, etc. Or else the Sheriff may be charged for the price of the cattles, etc. if Return be awarded. Plus hic postea cap. 114. 5. And as for the Pledges which the defendant findeth (or is attached by) to appear and answer, they are not to be bound in any sum, nor shall enter any bond to the Sheriff for the appearance, but only to give their words for the party's appearance; and if the party summoned, or attached by Pledges to come and answer, etc. doth not appear, but maketh default, his Pledges shall be amerced to the King by the Court. 6. Note further, that some persons are to find no Pledges de prosequendo. First the King, nor Queen in regard of their Dignity and Prerogative are to find none. Neither shall an infant find any Pledges. A poor man in stead of Sureties shall only give his Faith to prosecute his suit; and the form of the writ for him is accordingly. 7. Again these Pledges de prosequendo may be found, either to or before the Sheriff, or in the Chancery where the writ is sued out; or in a Court where the writ is returned; or at the Assizes. 8. Also these Pledges, not Mainpernors or Manucaptors, need not to have any Addition, but their Names of Baptism and Surname sufficeth to be set down in the Sheriffs return. 9 Also in some writs the Plaintiff shall find no Pledges de prosequendo, as in a Per quae Seruitia. Quid juris Clamat. Scire facias. 10. Nor where the Sheriff returneth any for Pledges, they shall not be received to say they were not Pledges, etc. contrary to the Sheriffs return; But yet if they be endamaged thereby, they may have their action against the Sheriff for the same, and shall recover as much as they shall be indammaged. In these writs following (amongst other) Plegij de prosequendo, must be Returned. Account. Annuity. Assize de novel disseisin. Assize de Nusans. attaint. Ayel. Besayell. Cessavit. Contra formam Collat. Contributione. Conspiracy. Covenant. Cozenage. Cui in vita. Curia claudenda. Customs & services. Dare in praesentment. Debt. Detinue. Deceit. Dower unde Nihil habet. Dum fuit infra aetatem. Dum non fuit Compos mentis. Ejection firmae. Entry in le quibus. Entry ad term. qui preterijt. Entry in casu proviso. Entry in consimili casu. Entry ad Communem Legem. Escheat. Ejection custodiae. Entrusion de Gard. Falso iudicio. Formedon. Forcible Entry. Forfeit. de Marriage. Homine Replegiando. Intrusion. juris utrum. Mesne. Moderata misericordia. Monstraverunt. Mortdaunc●st●r. Nuper obijt. Nusans'. Particione facienda. Parco fracto. Pone. Quare impedit. Quare incumbravit. Quare eiecit infra Terminum. Quod permittat. Quo iure. Rationabili parte bonorum. Reparatione facienda. Resco●●. Secta ad Molendinum. Second Deliverance. Sine assensu Capituli. Trespass. Trespass sur le Case. Valere maritagij. Waste. Warrantia Chartae. CHAP. 46. The Summons of the Assizes. Upon this Precept (from the judges of Assize and Gaol delivery) the Sheriff must make his warrant to every bailiff of Liberties and Hundreds within his County: which warrants must contain the whole substance of his Precept: more particularly; The Sheriff by his said warrants must command every balife of every Liberty and Hundred. 1. To warn 24. jurors of their Liberty, or Hundred; all which several Panels must be annexed to the return of the Precept. 2. To warn for the great inquest, such whose names the Sheriff nominateth in his said warrant. 3. To warn the jury of life and death, such as the Sheriff or bailiff shall think meet within their Hundred. 4. To proclaim within every Hundred the day and place of the Assizes; and that all persons that have any thing against any prisoner be there to prosecute, etc. 5. To give special warning to all justices of Peace, and Coroners, etc. within their Hundred, to be their present. 6. To arrest, etc. all persons formerly indicted, etc. to appear there. 7. And by his said warrant, the Sheriff must also command every bailiff to be and attend there themselves. Or else to the back of this warrant, the Sheriff may file a schedule, setting down therein the Names of such as shall be warned for the great Enquest, and for the jury of life and death; and such other persons as are to be warned thither. The Sheriff also must make and deliver (to the judge) a Calendar of the names of all the justices of Peace, Coroners, Stewards, and Bailiffs of Liberties, Bailiffs of Hundreds, and of all the prisoners in the Gaol, See Hic cap. 98. And he must have all his prisoners there. Also the Sheriff himself shall do well to choose and name the great Enquest; and to keep a note of the names of such as for that service he would have warned by his bailiffs; and to choose some out of every Hundred within his County. CHAP. 47. The summons of the sessions of the Peace. Upon this (written or) Precept, the Sheriff also must make out his warrants to his bailiffs of Hundreds, commanding every of them to appear at the Sessions. And to warn all High and petty Constables within their particular Hundreds to be there. And also to warn 24. jurors in every Hundred to appear there. And to proclaim within every Hundred the day and place of the said Sessions, and that all such as will complain of any Artificers, laborers or servants in husbandry for taking excessive wages against the Statute, be there also to prosecute, etc. And to warn all Coroners, and Stewards, and Bailiffs of Liberties within his County, to be then and there to do that which belongeth to the particular Offices or places. And to warn 24. jurors for the great Enquest and body of the County (as well within Liberties as without) to be and appear there. Now for the great Inquests (aswell for the Assizes or general Gaol delivery, as for the Sessions of the Peace) it is mee●e that there be returned out of every Hundred three or four: and that the names of such as be of one and the same Hundred, be set together, and the name of the Hundred to be written in the margin of the Return, against the names of the Hundredors'. And if the Sheriff shall return any such jurours, without summoning or warning them by his Bailiff, the Sheriff is fineable. Hic cap. 85. CHAP. 48. Accedas ad Curiam. Upon this Writ, the Sheriff (taking with him four other discreet, lawful, and sufficient men of that County) is to repair to the lords Court, or Hundred Court, in the writ mentioned. 2 He is there in full Court to record the Plea, in the presence of those four men, and of the Suitors of the same Court. 3 The Record so made must be annexed as a Schedule to the back of the Writ. 4 He is to return that Record (with the writ) before the justices (under his own Seal, and the Seals of four suitors of that Court which were present) at the day limited in the writ. 5 And he is to warn the parties, Plaintiff and Defendant) that they be before the justices at the day prefixed. And if no Court have been kept there between the day of the receipt of this writ, and the day of the Return thereof, the Sheriff may make his Return accordingly; but the Sheriff ought first to require the Lord to keep his said Court, and then if the Lord refuseth, the Sheriff is also to return the Lords refusal. So if the Lord, etc. in his Court shall refuse to show the Sheriff the plea, or his book wherein the plea is contained, yet the Sheriff in the Court ought to show and read, or declare the contents of this writ, and after to return the Lords said refusal. The Return: Virtute istius brevis 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 brevi annex' & recordum illud habeo, etc. (as in a Recordare facias loquela. Hic postea. A.B. Armig ' Vic'. The style of the Court. Ad Curia Baron' Egidij Alington Militis, Horsheath. ibidem tent' (tali die & anno) reciting also the style of the King. R.B. quaeritur versus I.S. de placito captionis & iniuste detentionis averiorum suorum. Quaerela. Note, that nothing but the plaint shall be removed here. CHAP. 49. Admeasurement of Dower. IF this Writ be Viscountiel, and sued in the County Court before the Sheriff, than the Sheriff is judge, and is by virtue of this writ to admeasure all the lands which the Woman hath in Dower within the same County: So that if there be in her hands any overplus, it may be restored to the heir, etc. But if this writ be removed out of the County Court into the Common Bank, than the Sheriff cannot make the admeasurement, but first the Sheriff ought to go to the lands, & then by a jury to divide the lands, etc. into thr●e parts, and to pre●se the same at a yearly value, and then to return two parts by itself, and the third part by itself, and to return also their yearly value, and so to leave the admeasurement to the Court: which return must be under his seal and the seals of the jurors. And in this writ (where the admeasurement is to be by the justices or Court) when the suit is come to the grand distresses before the writ be returned, days are given, so that there may be two County Courts holden, and in either of the said Counties the Sheriff is to make Proclamation, that the defendants come in and appear in court (at the day contained in the writ) to show cause why admeasurement should not be made; and the Sheriff is to return the Proclamations accordingly. But quaere notwithstanding the Defendants default of appearance, the Sheriff is not to make the admeasurement, but is to leave that to the justices or Court, ut supra. The Sheriff may return the defendant nihil, in this writ of admeasurement of Dower. If he return, That the wife hath more than she ought to have, by so much per annum, this is no good return, for the Court is to judge of the value. Admeasurement de pasture. Also if this writ be removed out of the County court, into the Common Bank, and that the parties appear there, and agree that the admeasurement shall be made, then there shall go out a writ to the Sheriff, commanding him to make admeasurement, and then to make the admeasurement the Sheriff must go in his proper person, to the Common or pasture to be admeasured, and there by a jury of twelve men must admeasure the same; and he must return the same into the Court by Indenture, under his own seal, and the seals of the jurors. Also if this writ be removed into the Common Bank, when the suit is come to the grand distress before the writ be returned, the Sheriff is to make Proclamation in two County courts, that the Defendant come in & appear in Court (at the day contained in the writ) to answer the plaintiff, and to show cause why admeasurement should not be made: and the Sheriff is to return, that he hath made the Proclamations accordingly; and if the Defendant cometh not upon the Proclamations, than admeasurement shall be made upon his default. But here also notwithstanding the default of appearance of the Defendant, the Sheriff is not to make admeasurement without another writ to that purpose, first to him directed, But if this writ be Viscountiel, and sued in the County before the Sheriff, he must first summon the parties, etc. who may plead there, and if the defendant grant that admeasurement shall be made, or pleads or shows no cause to the contrary, than the Sheriff shall give judgement, and shall presently make admeasurement thereof; for the Sheriff in such case is judge, etc. In this writ all the Commoners shall be admeasured by the Sheriff, as well those which did not surcharge the land, as they which did, and also the Plaintiff himself, but the Lord shall not be admeasured. In this writ of Admeasurement of Pasture, the Sheriff may return the defendant nihil, and it is good. For the form of the return of Proclamation of Summons, see hic cap. 70. Note that no man ought to put more Cattles upon the Common, than serve to manure the land, and then he can maintain and keep in winter upon his Tenement. And if the Common be not sufficient, so that all the Commoners may have sufficient to their tenements, in such case the tenants shall be admeasured, having regard to that the common will bear. CHAP. 50. Assize de Novel Disseisin. Assize. THe Sheriff is to return this writ after this manner. Plegij de Prosequendo. joh. Do. Rich. Roose. Infranom' I.S. (the Defendant) attachiatus est per Plegios Per Plegios. H.F. W.G. Or thus: Infranom' I.S. attachiatus est per unam vaccam, Per Biens. (or unum bovem, or unum equum) pretij 40. s. Or thus, if there be more defendants than one; Infranom' I. S. & I. P. attachiati sunt, viz. I.S. per unum bovem preiij 5. s. & I.P. per unum equum pretij xx. s. And yet it seemeth the Sheriff is to return but five shillings and four pence price: Quaere of the use. Residuum executionis istius brevis patet in quodam pannello (or in quadam schedula) huic brevi annex'. A.B. Armig ' Vicecomes. Nomina Recognitor' in Assis. Novae disseiss. inter M.C. querent', (seu petentem) & T.C. tenentem. A.C. de S. Gener'. Et sic ad numerum 24. Le Panell. D.E. de F. Yeoman. Et sic ad numerum 24. Summonitor' Iurator' (sive Recognitor') praedictor', & eorum cuiuslibet per se I.D. & T.F. (or more.) Manucaptores summonitorum praedict' & eorum utriusque I.W.. & W.D. And note, that the Sheriff at the first day shall only return Manucaptores summonitorum, and not jurator ': but after he shall return Manucaptores juratorum. Note also, That if the Defendant be not to be found, nor hath whereby to be attached, the Sheriff may summon and attach his Bailiff in an Assize. Also the defendants bayli e may be attached by Pledges, and the Sheriff may make his return accordingly. By the Statute of Westminster, 2. cap. 25, The disseisor shall be attached but by one Ox, of 5. s. iiij. d. price, or the value. So then where the Tenant is sufficient and attached, the Sheriff must return 24. jurors or Recognitors. He must return Summonitores juratorum, & Manucaptores Summonitorum. Or he may return quod quilibet recognitorum praed per se separatim Attachiat. est, ꝑ Pleg ' I.D. & R.R. And further, Exitus eorum cuiusl●bet v s. And he must set down the names of the Recognitors, (scz. the Pannell) and all the rest in a schedule, and annex the same to the back of the writ. etc. But if the tenant or defendant be insufficient than the Return must be after this manner. Plegij de prosequendo. joh. Do. Rich Roose. Infranominat. I. S. Nihil habet in balliva mea, ꝑ quod Attachiari potest, nec est inventus in eadem. Or rather thus: Infranom. I.S. Nihil habet in balliva mea ꝑ quod Attachiari potest: nec habet ballivos nec balliwm: nec est inventus in eadem. Also in an Assize the Sheriff may return, Mandavi ballivo Libertatis, Q●● nullum dedit responsum, etc. Annuity. In a writ of Annuity Annuity. the Sheriff returneth that the defendant; Nihil habet in balliva mea per quod potest Summoniri, this is a good return; (but per quod potest Attachiari, is not good. And the Sheriff may summon the defendant (in his writ) by his person, if he hath no land where he may be summoned. So that the Sheriff is here first to take Pledges of the Plaintiff de prosequendo, etc. And then he is to summon the defendant to appear at the day before the justices, etc. CHAP. 51. attaint. IN this writ the Sheriffs return must be made after this manner. Plegij de Prosequendo. joh. Do. Rich. Roose. Summonitores infranomin' I. S. (the defendant. H. F. W. G. Residuum Executionis istius brevis patet in quodam Pannello (or quibusdam schedul' huic brevi annex' (or consut'.) A.B. armig' vic'. Le Pannell. Nomina viginti & quatuor milit' inter R.S. quer. & I. S, defend'. A. C. D. E. F. G. etc. ad numerum 24. (And these must be Knights, Esquires, or Gentlemen, having twenty marks per annum (of freehold at the least.) Quilib' Iur' praed ꝑ se sepa ratim attach. est ꝑ Pleg'. C.D. E. F. Summonitor' Iur' praed & eorum cuiuslibet. I. D. R.S. Manucaptor' Summon' & eorum utriusque. I. P. R. C. F. D. R. G. quaere if these Manucaptors be needful. Nomina Iurat' primae Inquisit. in breve huic Pannello annex. specificat. Le Petty Iury. A. S. C. D. H. F. etc. ad numerum xii. Summonitor' (or Pleg') Iurator' primae Inquisit. & eorum cuiuslibet. I.D. R. R. Manucaptor' Summonitor' praed' & eorum utriusque, I. L. H. P. R.S.T.U. quaere of these. Note that Manucaptors of the Summonors, and Pledges, must be set down upon the return, in an attaint, as also in an assize, quaere. Also in an Attaint, the Sheriff must return the names of all and every of the twelve that were of the first jury; and must distrain or summon them, etc. In an attaint the Sheriff (upon the Distress) ●ay not return that the defendant is dead. In an attaint the Sheriff returned a certain number of jurors, but not to the full number, and averred in his return that there were no more within his bailiwick which might spend xx. l. ꝑ annum, this seemeth good. The Sheriff may return the defendant Nihil in his writ, Tamen quaere, where that the Sheriff may summon the defendant in terra petita: But where the attaint is not of land, there Nihil may be returned upon the defendant. The Sheriff is to summon the Tenant to be at the Recognition or trial. The Grand jury must be 24. And these are to be warned the first day. CHAP. 52. Attachment. Upon an Attachment the Sheriff may return that the defendant is attached by Pledges, or is attached by goods, Vide hic cap 45. the form. Where the Sher●●e attacheth one by Pledges, he must make his return thus. Infranom ' I. S. attachiatus est ꝑ Pleg ' S.B. & R.B. But he may not return Plegij infranom. I. S S. B. R. B. For such return were not good for want of the word Attachiatus. Also if the Sheriff shall but warn the tenant or defendant to appear and answer, and shall return garnishment, it seemeth to be good. If the defendant be a beneficed Clerk, he must be warned by his person, or by his land if he hath any Lay fee. Hic cap. 36. Where the Sheriff attacheth one by goods, he must in his return set down the certainty of the goods in Specie, as also the value of the goods: as thus. Infranom' I. S. attachiatus est per unum bovem (or equum, etc.) pretij 40. s. And where the attachment is made of a living thing or things, the return must be pretij; and so of a dead thing in the singular number. But if it be of dead things in the plural number, than it must be ad valentiam, and not pretij. Note that wheresoever the writ is Pone per vad' & saluos pleg. There if the Sheriff shall find the party, he may attach him by Pledges: and if he cannot find the party, than he may attach him by his goods. Also the Sheriff (upon an attachment) may return the defendant, Nihil Nihil. habet in balliva mea per quod attachiari potest; but then he must return further, Nec est inventus in eadem. Attachment sur Appell. In an Appell of death or Robbery, Non est inventus is a good return upon the Attachment. Also the Sheriff may return that the Plaintiff non invenit Plegios de Prosequendo, Ideo, etc. CHAP. 53. Capias ad respondendum. A Capias, Alias, or Pluries directed to the Sheriff, may be returned after diverse manners, and as the case shall require, viz. 1. First, if the Sheriff will not, or cannot execute the writ, than thus. Infranom' I.S. Non est inventus Non est inventus. in balliva mea. Or Infranom' I.S. & E.D. non sunt inventi, etc. Or Infranom' I.S. & caeteri defend. infranominatis, non sunt inventi in balliva mea. Plus hic cap. 36. 2. And if the party be taken or found, then thus. Cepicorpus. Virtute istius brevis mihi directi Caepi corpus infranominati I.S. cuius corpus coram Iustic' infrascript' add diem & locum infracontent' paratum ha●eo prout breve istud exigit. Or prout interius mihi praecipitur. But upon such a Return the Sheriff must withal have the prisoner, so as he appeareth at the day of the Return, or else the Sheriff shall be amerced. And yet the Sheriff may keep the body after the day, for he is chargeable to bring him in by his own Return. In prison. Virtute istius brevis vobis (Iustic' infrascript) certifico quod ante adventum istius brevis, praed I. S. captus fuit, etc. Et in tali prisona detentu●, Pro si spitione feloniae. Pro Condempnation' in placito Debiti, etc. Per Capias ad Satisfaciend in Debt. Pur Arrearages de Account. Virtute cuiusdam Quaerele, etc. in placito D●bit● super demand the xx.l. in tali Curia, ad s●●tam I.G. etc. But in these and the like cases, the Sheriff in his Return must show the true cause of his being in prison in particular; and nevertheless the Sheriff must have the body of the prisoner in Court, or so as he appeareth at the day of the Return. Quod Commissus fuit per duos de Conci●io Regis, etc. but here the Sheriff upon the Capias must arrest the defendant, though he had his body before; and must have his body in Court at the day. Quod ante istud breve mihi deliberat' fuit; Aliter. or post quam istud breve (de Capias) mihi deliberat' fuit, Supersedeas. & ante Captionem infranom' prefati I. S. Idem I. S. protulit mihi breve Domini Regis de Supersedeas, quod huic brevi est confut. Ideo ulcerius ad executionem istius brevis, Nihil per me actum est, these are good Retornes. Quod Cepi corpus, etc. qui postea protulit mihi breve Domini Regis de Supersedeas, etc. Ideo corpus suum coram, etc. habere non possum, this is not good. Quod Caepi corpus, etc. & ipsum ad gaolam, etc. Posteaque viz. tali die, etc. pretextu cuiusdam alterius brevis dicti Domini Regis mihi directi, cuius transcript' vobis mitto huic brevi annex' predictum I.S. a prisona illa deliberari feci, Et ideo corpus suum, etc. habere non possum. These two last Retornes seem not to be good, for after he was arrested or taken upon the Capias, upon the Return of the Sheriff, he is to be delivered by the Court. Aliter. Also upon a Capias, the Sheriff may make these Retornes: Quod fugit ad Libertatem T.P. & ibid. morat', etc. Mandavi ballivo Libertatis de, etc. See hic cap. 39 & infra. That a Rescous was made, etc. Vide hic cap. 36. Languidus, etc. That the party is dead, quaere de hoc. For these 5. last Retornes. See hic cap. 36. Quod breve tarde Tarde. venit, etc. is no good return upon a Capias, but the Sheriff shall be amerced therefore. Virtute istius brevis mihi directi mandavi I.D. ballivo libertatis N. Episcopi E. qui habet retorn', Maudavi ballivo. etc. ad capiendum & arrestand' infranom' I. S. Qui quidem ballinus nullum mihi adhuc dedit responsum. Or, Qui mihi respondit quod infranom' I.S. non est inventus in balliva sua. Or thus: Qui mihi respondit quod cepit corpus Infranom' I.S. cuius quidem corpus ad diem & locum infracon' parat habet ad faciend' ea omnia quae istud breve in se exigit & requirit. Upon a Capias against a Clerk, what return the Sheriff may make. Clericus. See hic cap. 36. Where there be two or diverse of name. See hic cap. 61. how to make the Return. CHAP. 54. Capias ad satisfaciendum. VIrtute istius brevis mihi directi Cepi corpus Cepi corpus. infranominati I.S. cuius corpus ad diem & locum infracontenta paratum habeo, etc. A.B. Armig ' vic'. But where the Sheriff returneth Cepi corpus upon a Capias ad satisfac ', he must be sure to have the body in Court at the day otherwise he is chargeable for the whole debt. If the Sheriff hath taken the body in Execution and after a writ of Praerog. de habeas corpus out of the Exchequer (●r any other like writ out of any other Court) shall come to the Sheriff against the same prisoner, so that the Sheriff is thereupon to bring in the body, he must in his Return show the cause of the imprisonment or deteyner of the prisoner, that so he may beremanded, or else committed to some other prison upon the execution, and so shall the Sheriff be discharged. And if a man be in prison for felony, and be atteinted, and after a Capias ad satisfac', etc. cometh to the Sheriff against the prisoner, he may return that the party is atteinted, and that therefore he cannot take him in Execution. Or the Sheriff, (if he will) may serve the execution, but then he must be sure to keep the prisoner, notwithstanding any pardon of the felony. Upon a Capias ad Satisfac', Non est inventus Non est inventus. is a good return. Note that upon the Capias ad Satisfac ', if the execution be duly done by the Sheriff, Nul return. and that the Plaintiff hath his demand, the Sheriff needs not to return this writ. Plus hic cap. 29. Capias utlagatum. Virtute, etc. Cepi corpus Cepi corpus. I.S. infranom' cuius corpus coram Iustic' infrascript' add diem & locum infracontenta parat' habeo prout interius mihi precipitur. Residuum execut' istius brevis patet in quadam Inquisitione huic brevi annex'. ss. Inquisitio Indent' capta apud, etc. Qui dicun' supper Sacrament' suum Quod I. S. in dicto breve nominat. etc. Also upon a Capias utlag. Non est inventus Non est inventus. is a good return. Infranomin ' I. S. Non est inventus in balliva mea. Resid' execut' istius brevis patet in quadam Inquis. etc. For note that upon a Capias utlagat ' whether the Sheriff returneth a Caepi co●pus, or a Non est inventus, he must also inquire by a jury of twelve men, what lands or goods the party utlawed had within the County the day of the utlary, or at any time after. And the Sheriff must return the Inquisition thereof made, under his own seal, and the seals of the jurors. But the Sheriff may not arrest or take the body of one that is utlawed in any personal action, without the writ of Capias utlag ' first delivered to him (except where the party is utlawed for felony or Treason.) Upon the Capias utlagatum, if the party be found, the Sheriff shall take and put him in prison without bail. And upon the Capias utlagat ', the high Sheriff shall do well to take bond of his Undersheriff, or Bailiffs, with condition to bring the defendant to prison if he be arrested or taken: For that diverse Vndersherifes and Bailiffs if they have taken a man upon a Capias utlagat ', they first take money of the Plaintiff to take the defendant: and after the defendant being taken, they take money of him to let him go again, they pretending that it is to reverse the utlary, which they have nothing to do withal, but are only to imprison him. Also upon the Capias utlagat ' the Sheriff may seize and keep his goods, etc. See thereof Plus hic cap. 15. The Sheriff may return utlary upon an Enfant, if he be above the age of 14. years. And being taken, the Sheriff may imprison him, and may seize his goods. CHAP. 55. Capias ad valentiam. Upon this writ the Sheriff is to summon the defendant (scz. the vouchee) to be before the justices at the day mentioned in the writ, etc. And he is to return the names of the Summoners with the writ. The Sheriff also is (upon this writ) to seize the lands of the vouchees (scz. to such a proportion as the writ mentioneth) into the King's hands, by the view and valuation of neighbours or other lawful men of that County, and is to return the certainty of those lands and the day of such his seizure. together with the names of those veiors, and of the Summoners under his seal. And this seizure must be of such lands and tenements of the vouchee, as he hath in fee simple, by purchase, descent, or otherwise. Upon this writ against diverse, the Sheriff returned that one of them had nothing, etc. And that of the other he had taken according to the proportion; but for that the Sheriff cannot apportion without a warrant he was amerced. Covenant. In breve de Covenant, Covenant. whether it be to levy a Fine, or otherwise, the Sheriff may make his Return thus. Plegij de presequendo. joh. Do. Rich. Roose. Summonitores infranominati I. S. the Defendant. I. R. W. G, In a writ of Covenant to levy a Fine, Nihil Nihil. seems to be no good return, for the Sheriff ought to summon him in terra petita. In other writs of Covenant, Nihil is a good return. In writs of Covenant the Sheriff may summon the Defendant by his person. CHAP. 56. Retorn' brevis Originalis in Debt. Debt. Plegij de Prosequendo. joh. Do. Rich. Roose. Summonitores Infranominat. I.S. (the Def.) H R. W. G. A. B. Armig ' vic'. And if the defendant be insufficient, than the return must be thus: Plegij de prosequendo. joh. Do. Rich. Roose. Infranominatus I. S. nihil habet in balliva mea per quod summoniri potest. In this writ, Nihil habet is a good return without saying, Nec habuit post receptionem brevis; or Nec habuit die quo, etc. for that shall be intended. But in this writ it is no good return, that the defendant hath paid the debt. Hic cap. 36. Detinue. In Detinue, Detinue. where it is awarded that the Plaintiff shall recover the thing demanded, he shall have a Distring ' add deliberand', etc. And the Sheriff may thereupon return Issues, or Nihil as the truth is. Upon the Distring ' add deliberand ', & to inquire of the value, the Sheriff is to inquire by a jury, and to return what damages, and costs the Plaintiff hath sustained, and also what the true value of the goods detained, be. Also the Sheriff may return Mandavi ballivo Libertat' qui nullum dedit resp. But in the writ ad deliberand ', etc. in Detinue, it is no good return, that there are no such goods. The Sheriff s here to take Pledges of the Plaintiff, de prosequendo. And to summon the defendant to appear at the day, etc. Distringas against the defendant. A Distringas directed to the Sheriff to distrain the defendant for his appearance, may be returned after this manner. If the defendant be sufficient, then thus: Manucaptores infranomin' I. S. I. R. R. G. Exitus— 3. s. iiij. d. If there de diverse defendants, than thus: 40. d. 40. d. T. D. & A. R. districti sunt per caerras & catalla sua secundam formam huius brevis, unde exitus prout patet super eorum Capit': Et manucapti sunt per I. D. & A. S. quod sint ad diem & locum infrascript' iuxta tenorem huius brevis, etc. And so note that in this Distring ', the Sheriff must always return issues upon the defendants to compel them to appear: which issues must be more than the costs of the Plaintiffs writ of Distring ', (which seemeth to be xiii. d.) See hic cap. 89. that they ought to be reasonable and to a greater value. Also the defendant must find Manucaptors for his appearance. In a writ of Account upon the Distring ', the Sheriff returned Manucaptors, Et quod non sunt Exitus, and it was adjudged a good return. In Debt upon the D●string ', the Sheriff returned Mandavi ballivo Libertatis de, etc. qui nullum dedit responsum, and for that he did not return further, Quod nulla habet Exitus in balliva mea, the Sheriff was amerced. So that upon this Distring ', the Sheriff must return reasonable issues upon the defendant; and must return Distrinxi. Quaere. And although the words of the distring ' be, Quod d●string' per omnes terras & catalla sua, etc. yet the Sheriff ought to distrain him but reasonably, and not according to the words of the writ. Also a Clerk may not be distreined by his goods (but see what return the Sheriff shall make, hic cap. 36. If the defendant be insufficient, then thus. Infranom' I.S. Nihil Nihil. habet in balliva mea per quod, nec ubi potest Distringi. Plus hic cap. 82. Also in this writ the Sheriff may return Tarde. Also the Sheriff may return, that the defendant is dead, except it be upon the Distring ' in an attaint. Return de Summons in Dower. Plegij de Prosequendo. joh. Do. Rich. Roose. Summonitores infranom. I.S. I. W. W. C. Et ad maxime usuale ostium Ecclesiae, parochialis de P. infrascript. super diem Dominicum, scz. quarto die julij, Anno infrascript. immediate post divinum seruic. nulla praedicatione adtunc & ibidem existente, publice proclamari feci secundum formam Statuti, prout istud breve in se exigit & requirit. A. B. armig' vic'. So that upon this writ the Sheriff must first summon the defendants upon the land: And after he must proclaim the Summons at the Church door of the Parish, where the land, etc. lieth: and then must return all as afore. See hic cap. 102. Return de Petit Cape in Dower. Virtute, etc. tali die & anno Cepi in manus Domini Regis, tertiam partem tenementorum infraspec' come pertin' provi interius mihi precipitur. A. B. Armig ' vic'. Upon the Petit Cape, the Sheriff must summon the tenant to answer his default (only) and not to answer to the demandant. Also the Sheriff is to seize the lands into the King's hands, 15. days at the least, before the return of the writ. Retorn' brevis de visu in Dower. Virtute istius brevis, etc. habere feci infranon ' B.C. visum de tertia part' te● ' infraspec' in presenc' N. C. R.D. M. B. & C.D. quatuor milit' (or homines) ex illis qui visui illi interfuerunt: Et ulterius certifico Iustic' infrascr' quod dixi quatuor milit' praed' quod sint coram Iustic' infrascr. ad diem & locum infracont' add testificand' visum illum, prout per breve praed' mihi precipitur. In Dower if the demand be of a rent, the land, etc. out of which the rent is issuing, shall be put in view. See hic cap. 63. Retorn' brevis de Seisina in Dote. Virtute istius brevis mihi directi & huic schedulae anex' tali die, etc. haberi feci P: B. vid. in breve pred' nominat' plenariam seisinam de tertia parte Manerij de B. cum pertin' in eodem breve specific', viz. de una aula, etc. tenend' praef. P.B. in separali ꝑ metas & bundas, nomine totius dotis, etc. So that the Sheriff (in Dower) is to make execution; and to put the wife in seisin of the third part, by meets and bounds, if he can. And yet in some cases the Sheriff is to assign the wife her Dower to hold in Common ꝑ my & ꝑ tout, and not by meets and bounds; as of land held by her husband in Coparcinery, or in Common;; so of the profits of a Mill, of Common of pasture, or of an office. In Dower of 3. Manors, or 3. acres, the Sheriff may assign to the wife, one entire Manor, or one Acre for all: And he may assign the whole Manor with the Aduou●●n; or he may assign the third part of each, and the third presentment to the Aduowson. The writ to the Sheriff was to deliver the wife ten marks per annum in land and rent, and the Sheriff delivered her in land 5. marks per annum and 5. ●arkes in Rent issuing out of the land, whereof she was dowable, and holden good. Upon the recovery of a third part of a Manor in Dower, the Sheriff may assign to the wife, a Copyhold with other lands. And the Sheriff may put the wife in seisin by a clod, or by an herb, or by any beast being upon the land. Plus hic cap. 63. Upon an Habere fac' seisinam in dote, the Sheriff returned, that the offered the demandment seisin de tertia parte, etc. by mee●es and bounds, and that she refused it, this is a good return. But if the Sheriff in the beginning retorns, quod habere fecit seisin ', (showing the parcels) que omnia obtuli deliberare, etc. but she refused it, this is repugnant and void. If the Sheriff shall deliver to the wife the moiety of the land in execution for the third part, there seems no remedy against the Sheriff, but a Scire fac ' against the wife. In this writ it is no good Return for the Sheriff, to allege Nontenancie in him whom the writ mentioneth to be tenant. Note that the Sheriff may execute this writ, scz. may assign the thirds to the wife, himself without any Iury. Retorn' brevis ad Inquirendum de dampnis in Dote. Executio istius brevis patet in quadam Inquisitione huic breve annex'. Inquisitio Indentat. capta apud, etc. ●oram, etc. per Sacramentum, etc. Qui dicunt, etc. Quod infranom' I.D. (tali die, Anno & loco) obijt seisitus, etc. de & in Tenementis infraspec' & quod tenementa praed' valent per annum etc. Et quod sex Anni & 3. quarters Anni delabuntur a tempore mortis pred' I.D. & quoth A.D. infranom' sustinuit dampna occasione dotis suae. infraspec' add valenc' x. l. In cuius rei testimon', etc. Upon the writ to inquire of damages, if the jury will find no damages, and the Sheriff maketh his return accordingly, though the Return be not good yet the Sheriff shall not be amerced for this default of the Iury. Return de breue de Droit. A writ of Right, the writ was, that the Sheriff should return 4. knights, to choose the grand Assize retornable such a day, and the Sheriff returned that there were no Knights but Burgesses, and the Sheriff was therefore amerced: for in such case the Sheriff was to return them Knights, though they be no Knights. See hic cap. 86. And yet in a writ of Right, the Sheriff returned two Knights, and two Esquires, to choose the grand Assize, and this was holden a good Return, so as the Sheriff returneth, That there were no more Knights within the same County. But by others, if they were not all Knights, the Sheriffs Return was without Warrant: and yet it seemeth that the Sheriff may return others in default of Knights. Hic cap. 86. If there be not so many Knights in the County, as the Sheriff shall have in command to return or to summon, the Sheriff may return, that there are not so many Knights in his County. A writ of Right was brought in the Lord's Court, and removed by a Tolt into the County Court, and after by a Pone it was removed out of the county in Banco; and thereupon the Sheriff returned the Writ of Right, and the Pone, but not the Tolt; and it was holden, that the Sheriff needeth not to return the Tolt. CHAP. 57 Aetate probanda. IN this writ directed to the Sheriff, to inquire of the age of the King's Ward, every one that shall pass in that Enquest, must be of the age of forty two years at the least. And there ought to be twelve of the jury, as in all other Inquiries. And the heir is to inform that Enquest by certain signs and tokens, of the time of his birth, etc. which signs so given in evidence, shall be returned by the Sheriff, as well as the principal matter. Quaere for the use. Ejection firmae. Plegij de prosequendo. joh. Do. Rich Roose. Infranom' I. S. attachiatus est per centum oves, pretij viginti librarum. Or, Infranom' attach' est per pleg'. B.C. D.E. Infranom' I.S. Nihil Nihil. habet in balliva mea per quod attachiari potest. CHAP. 58. Return de Elegit. VIrtute istius brevis ego A. B. Vic' come infrascript' (tali die & an) Liberavi I. B. medietatem Manerior' in Inquisitione huic brevi confut' specificat' come pertin': Elegit. per extent' in dicta Inquisic' fact'. Tenend sibi & assign' suis ut liberum tenementum suum, quousque idem I.B. debitum & dampna sua infrascript' levauerit prout interius mihi praecipitur. A.B. arm' Vic'. Executio istius brevis patet in quadam Inquisic' huic brevi annex. A.B. ar' Vic'. Aliter. Inquisitio indent' capta apud, etc. per Sacram', etc. Qui dicunt super sacram', Quod B. C. in brevi praed nomin', (tali die & anno) fuit seisitus in Dominico suo ut de feodo, de & in uno messuag' vocat', etc. iacent', etc. modo in occupatione A.I. vid. clari annui valoris, etc. xl. s. Ac etiam de & in uno alio messuag', etc. (Quae omnia & singula praed B.C. nuper perquisivit sibi & haered suis de, etc.) Quod quidem messuag' in tenura praed A.I. una cum, etc. cum pertin', pro medietate omnium terrarum & tenementorum praedict' Ego praed Vic', deliberari feci I. B. in breve praed nominat'. Tenend sibi, etc. quousque debitum suum de C.li una cum xx. s. pro dampn', etc. levauerit prout, etc. Et ulterius Iurat' praedict' dicunt, etc. Quod praedict' B. C. Nulla alia sine plura habet bona aut catalla terras sive tenementa in Com' praedict' ad eorum noticiam. In cuius rei testimonium, tam ego praefatus vic' quam Iurator' praedict' huic Inquisitioni sigilla nostra alternatim apposuimus die, anno, & loco supradict', etc. A.B. Armig ' Vic'. What lands and goods the Sheriff may take and deliver in execution upon an Elegit, and in what manner, see hic cap. 28. Upon the Elegit, the extent and valuation of the lands, and the preising of the goods must be by an Enquest of twelve men. Also the Sheriff is to make execution by meets and bounds. See Plus hic, cap. 28. Note that if the land be in extent, or already taken in execution, and then an Elegit cometh to the Sheriff at another man's suit, yet the Sheriff may seize and deliver the same lands again to the last man upon the Elegit, scz. the reversion thereof, Tenendum, etc. cum acciderit. Or else the Sheriff may only extend and value, etc. the land, and return the same valuation, and show further, that he did not, or cannot deliver the same to the plaintiff, (or make execution thereof) for that another had the same in execution before. But for the other moiety of the land which was not extended, etc. to the first man upon his Elegit, the Sheriff may presently seize & deliver the same to any other person, upon another Elegit or execution coming afterwards to the Sheriffs hands, together with the reversion of the first moiety, cum acciderit. Upon the Elegit, Nihil, or Nulla bona, is a good Return. Also the Sheriff may return the extent for lands, Et nulla bona. Or the Sheriff may return the Extent of goods, and not lands. He may return Mandavi ballivo libertatis, etc. Upon an Elegit the sheriff delivered the lands in execution, without making severance; and upon complaint thereof to the Court, another Writ went to the Sheriff to make Severance. A Writ of Extent awarded in the time of one King, and executed by inquisition, but before the return thereof the King dieth, and after the Sheriff returneth the Extent, etc. quaere if such return be not without warrant. Upon the Elegit, for that upon the Inquisition it appeared, that the Defendant had conveyed his land to another upon condition, etc. and yet took the profits, the Sheriff thereupon returned, That he and the jury were in doubt, whither the land were extendable, and prayed the advice of the Court therein. Note, That upon an Elegit against one that hath two Manors, the Sheriff may deliver the one Manor to the Plaintiff, in the name of the moiety of all, and is not bound to deliver the moiety of each Manor. And so of two acres of land: but this seemeth to be where the two Manors, etc. be of equal yearly value. Breve de Estrepement. Estrepement . Note, that the Sheriff by force of this Writ may resist them which are about to make Waste; and if otherwise he cannot stay or refrain them from making Waste, he may imprison them, or make his Warrant to others to imprison them: and if it be needful, he may take Posse Comitatus for his or their aid. Extent Extent. sur Recogn', ou Statute. Virtute istius brevis, etc. Cepi corpus infranom' I.S. cuius quidem corpus ad diem & locum infracontent' parat' habeo, prout interius mihi praecipitur. Residuum execut' istius brevis patet in quadam inquisitione huic brevi annex'. A.B. Armig ' Vic. Inquisitio indentat' capta apud, etc. 4. die Aug. Anno, etc. coram, etc. virtute brevis Domini Regis mihi direct' & huic inquisic' annex' per sacrament' etc. Qui dicunt super sacram', Quod B.C. in breve prad nom', die recog' debit' in eodem breve specificat' fuit seisitus in Dominico, etc. de et in manerio de A. in come praed clari annui valoris in omnibus exitibus ultra repress. C. li. ac de et in Manerio, etc. Et ulterius iurat' praed super sacram' suum pnd dicunt, quod praedict' B. C. die Recog' debit'. predici' seu unquam postea, nulla alia etc. ad eorum notitiam, quod extendi appreciari, aut in Manus dicti Domini Regis cepi aut seisiri possunt. Quae quidem maneria Terr' et Tenementa praedict' come pertin' ego praefatus Vic die captionis huius Inquisic' cepi in manus dicti Domini Regis per extent' praedict'. In cuius rei testimon', etc. I.S. infranom', non est inventus in balliva mea, ideo ipsum capere non possum ad praesens. Sed quoad extend et appreciand omnia terras et catalla ipsius I.S. iuxta formam istius brevis, 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 inventus in balliva mea. Et ulterius certifico, quod seisiri feci in Maner' Domini Regis Manerium, etc. in inquisic' huic brevi consut' spec', prout interius mihi praecipitur. Residuum execui', etc. Upon an Extendi facias upon a Statute Merchant, the Sheriff may return, that the party non est inventus, and that he hath extended the land, and delivered the same to the Plaintiff. Upon an Extent of a Statute staple, (which is to take the body, and to extend the lands and goods) the Sheriff returned, that he hath extended the land, but speaketh not of the goods; and though this be but part of that the Sheriff was commanded to do, yet it was holden to be good for the land. Upon an Extendi facias upon a statute Merchant, the Sheriff returned, that he had extended the lands, but did not return, that he had delivered them to the Plaintiff, whereupon he should have been amerced. Upon an Extendi facias upon a Statute Staple, the Sheriff extended the lands of the Defendant, and praised his goods, and seized them into the King's hands, according to the Writ, but delivered them not to the Plaintiff, (which he indeed is not to do until the Liberate cometh to him, although he ought to have returned that extent and preisement) and after a Writ of Praerog ' came out of the Exchequer, commanding the Sheriff to leu●e first an hundred pounds for the King, etc. and the Sheriff returned the special matter upon the Writ out of the Exchequer, Et ideo nihil inde fecit, etc. and the Sheriff was therefore amerced, and was compelled to return the Extent in the Exchequer, for the King's Debt. Otherwise upon an Extendi facias the Sheriff may return the special matter, scz. That he cannot make execution, for that another hath those Lands in execution by force of an Elegit, etc. or for that another is in by descent, etc. for that they are not to be put out of possession without a Scire facias. Upon an Extendi facias upon a Statute, it hath been holden a good return, that the party hath no land but only in ancient Demesne. Quaere & vide hic cap. 26. Upon an Extendi facias (sued by two) upon a statute, the Sheriff returned, That one of the Plaintiffs was dead, and good. Or the Sheriff may return the Conusor, Mortuus. Upon an Extendi facias, the Sheriff returned, that the Conusor was dead, and also an Inquisition of the Extent of the lands of the Conusor, but in the Inquisition no certain estate was returned, but that the Conusor fuit seisitus die Recognit', etc. de Manerio de A. without showing of what estate, and this return was held insufficient, for that seisitus may be for life, or in tail, in which cases the land after the death of the Conusor is not extendable: So that where the Conusors' death appeareth in the Return, there, of necessity his seisin must be found to be of an estate in fee simple only. Upon an Extent of a Statute, the Sheriff returned the extent of the land, and not of goods, and it was allowed. Upon an extent of a Statute Merchant, if the Sheriff returneth Tarde, or returneth Mandavi ballivo libertatis, he shall be punished. Quaere. The Sheriff returneth, that none came to receive the land, per quod deliberat' facere non potuit, good. Also he may return, Non est inventus, nec habet bona, nec terras. The jury may find, that the Conusor had no land but in right of his wife, and that she overliveth him: or that the Conusee hath purchased the land after the Recogn', etc. Plus hic cap. 24, 25, 26, & 27. CHAP. 59 Retorn' de Exigens. VIrtute istius brevis mihi directi, Exigent. ad Com' meum tent' apud C. in Com' C. infrasc' (tali die & anno) infranom' I. S. primo exactus fuit & non comparuit. Et ad Com' meum ibidem tent' (tali die & anno) praed' I.S. Secundo exactus fuit & non comparuit. Et ad Com' meum (ut supra) tertio exactus fuit & non comparuit. Et ad Com. meum (ut supra) Quarto exactus fuit & non comparuit. Et ad Com' meum (ut supra) quinto exactus fuit & non comparuit. Ideo praed' I.S. per iudicium I.W. & R.S. gen' Coronator' dicti Dom' Regis come praed' secundum legen & consuetud' regni Angliae utlagatus est. (or if it be a woman, waiviataest.) If there be above two defendants, than thus. Infranom' I.S. & ceteri def. infranom' primo exacti fuer' & non comparuer', nec aliquis eorum comparuit. Et ad Com' meum, etc. (ut supra) Ideo praed' I.S. & ceteri def. infranem ' (or name them all) per judicium, etc. ut supra. If any of the defendants yield themselves, than thus. Virtute, etc. & add com' meum ibidem tent' (tali die & Anno) I. S. & ceteri def. infranom' Quinto exacti fuer' add quem diem predictus I.S. comparuit, & se reddit prisonae, Domini Regis Castri sui Cantabr. cuius quidem corpus coram justic. infrascr. ad diem & locum infracont. parat' habeo prout interius mihi precipitur. Sed ceteri def. infranon. non comparuer', etc. Ideo, etc. ut supra. The Sheriff also may Return, Languidus in pris. Mortuus. Tamen quaere de hoc. Protulit supersed ' See hic cap. 53. & hic infra. But where upon the Exigit, the Sheriff returneth Reddit se, he must have the body in Court at the day: or else return Languidus in prisona. If the Sheriff returneth Mortuus, by some opinions the Sheriff shallbe amerced, for that by the Exigent the Sheriff hath authority but to call the party from Country to County to appear and answer the Law, etc. and if he appear, then to take and imprison him. If after two or three Counties, the King shall happen to dye, and in the next king's time, the other Counties be kept and proclamation made, and then the Sheriff returneth quinto exactus. this is error. The Sheriff may return that the party is in Prison upon a condemnation for debt; but then the Sheriff must bring him into the Court. Also the Sheriff may return that the party yielded himself to the old Sheriff who hath not delivered him. Where (upon the Exigit) the Sheriff returneth, Protulit supersedeas, (or protulit breve Domini Regis de Non molestando; or que le Roy luy maunde ꝑ breve de Privy seal, que il auoit luy Pardon, etc. & command que ne soit endamage, or the like,) Ideo ulterius procedere non potui, the Sheriff hath been amerced for such Retorns. Quaere ideo. Also upon the Exigent, the Sheriff may make his Return thus. scz. Quod pro defectu (Comitatum or Coronatorum) Nihil actum est. And so note that he which is sued, if he do not appear (upon the mean process, etc.) then upon the Exigent he shall be solemnly proclaimed, demanded, or called by the Sheriff at 5. Counties, scz. from County to County, each one after another, to appear, and to yield his body and answer to the Law, or else that he shall be utlawed; and if he cometh in at any of the said five County Courts, the Sheriff is to take and imprison him. But if he cometh not in within that time, than the Sheriff with the assistance of one Coroner (at the least) is to pronounce him utlawed, scz. to pronounce him to be out of the protection of the King and his Law. But the judgement is to be given or pronounced by the Coroner in the 5. County. And then the Sheriff is to return the same as before. And the Sheriff in such his return must set down certainly the day, year, and place, where and when his County Courts are kept, and the party so called. Also it must appear in such Return, that it was per judicium Coronatorum; for they be judges of the utlaries. An Enfant above the age of 14. years, may be returned utlawed. Note that the Sheriff hath been deeply amerced, for imbeaseling an Exigent, or for returning the same falsely hic cap. 37. Return de Exigent inter duos vic'. Istud breve prout indorsatur, mihi deliberat fuit ꝑ I. C. militem nuper vic' come infrascr' prox' praedecessor' meum, in eius exitu ab officio. Et ad Comit' meum tont' apud Castrum Cantabr. in Com' C. infrascr' (tali die & Anno) infranom' I.S. Tertia exactus fuit & non comparuit. Et ad Comit' meum tent' (ut supra) Quart exactus fuit, & non comparuit, etc. For the return of an Exigent allocato Comitatu, see my book at large. Retorn' brevis de Proclam' super Exigent. Virtute istius brevis mihi directi, ad Comit. meum ten' apud, etc. (tali die & anno) Primo proclamari feci. Et ad generalem Session' pacis tentum apud, etc. in Com' praed' (tali die & anno) Secund' proclamari feci. Et ad maxime usuale ostium Ecclesiae de B. infrascr. super diem Dominicum, scz. (tali die & Anno) immediate post divinum seruic' (Nulla praedicatio eadem Ecclesia adtunc ibidem existens) uno mense ad minus antequam infranom' I.S. Quinto exactus fuit, Tertio proclamari feci, Quod infranom' I.S. se reddat mihi prout interius mihi praecipitur. A.B. armig' vic'. Aliter. Quod infranom' I.S. & ceteri omnes def. infranom' se reddant mihi, Ita quod habeam corpora corum coram Iustic' infrascr ' ad diem & locum infracont. prout istud breve in se exigit & requirit. And so note that upon every Exigent where a writ of Proclamation is awarded (and delivered) to the Sheriff before any oulawry pronounced, the Sheriff also must make three several Proclamations as aforesaid. And for want thereof, etc. the oulawry shall be void; and besides the party grieved may have his action against the Sheriff, and the Sheriff shall be further amerced at the discretion of the justices. Plus hic cap. 102. Retorn' sur breue de Restitution apres Exigent. An utlary being reversed, a writ of Restitution was awarded to the Sheriff, pro bonis restituendis, The Sheriff returned that he had sold the goods for 40. l. and brought the money into the Court; but the return was holden insufficient, for that the writ de Capias utlag ' did not warrant or command the Sheriff to sell the goods, Vide hic cap. 15. & 30. Upon such a weit directed to a bailiff (who seized the goods of one that was utlawed) the bailiff may not plead that he was not bailiff, but must answer whether he had the goods or no, and how they are devested out of his possession. And so note that the Sheriff in some cases may seize goods, and may keep them, but may not safely sell them. hic supra. And in some cases the Sheriff may seize goods, and may and aught to sell them; and notwithstanding that the judgement be reversed, etc. yet there shall be no Restitution of the goods, etc. hic cap. 30. CHAP. 60. Retorn' brevis de falso judicio. VIrtute istius brevis, assumptis mecum I. W. etc. quatuor discret' & legalibus militibus (or hominibus) de balliva mea, in propria persona mea accessi ad Cur. Dn ' Caroli Reg' Angl', de O. tent' apud O. (tali die & Anno) & in plena Curia illa Recordari feci loquelam, unde infra fit mentio, Et record illud habeo coram Iustic' infraspec' ad diem infracontent' quod huic br'i est consut' sub sigillo meo, & sigillis B. C. D. & E quatuor legalium hominum qui record' illo interfuer'. And here the Sheriff must set down and return the Names of the four Knights of the County which go with him, as also the Names of the 4. Suitors of the same Court whose seals be thereto, ut supra. Virtute istius brevis, assumptis mecum C.D. E F. G. H. & I. K. quatuor legalibus milit (or hominibus) de Com' meo, in propria persona mea accessi ad Curiam E. tent' apud, etc. (tali die & Anno) et in plena Curia illa ab F. G. etc. sectator eiusdem Curiae, & R. H. seneschallo ibidem, petij Recordum Loquelae, quae est in eadem Curia, etc. inter. C. D. petentem & I. S. tenentem fieri & mihi liberari': Qui quidem Seneschallus, & Sectatores, Recordum illud inde mihi liberare noluerunt, ob quod Execut' dicti brevis facere non potui. Or the Sheriff may make these Returns. 1. That he came to the Court to record the Plea, and that the Suitors would not deliver him the Record, nor suffer him to have it, or that the Suitors there refused to make the Record, or to Record the plea: Or that the Suitors said that there was no such Plea; naming such Suitors by their proper N●mes, etc. 2. That the Steward, the bailiff, and Suitors, (naming them all) were present in Court, when he came to return the Plea, and required the sight thereof, which they denied him, etc. 3. That after the receipt of this writ, and before the Return thereof, no Court was holden, so as he could not execute the writ. 4. That the Sheriff hath required the Lord to hold his Court, and the Lord would not, etc. 5. Quod breve adeo Tarde vevit, quod Executionem eiusdem facere non potuit. And so note that upon this writ the Sheriff is to repair to the Court in the writ mentioned, and there to require the sight of the Plea, whether it be depending, or determined: Also he is to record the sane Plea, and to return it with the writ. The Sheriff is also to take Pledges of the Plaintiff de prosequendo: And to summon or warn the defendant to appear at the day before the justices to hear the said Record; and to return the names of the Summoners. He must also take with him to the Court four lawful men of the same County; and must return the writ under his Seal, and the seals of four suitors of the same Court, together with the Record. CHAP. 61. Return de Fieri facias. 1 VIrtute istius brevis mihi directi, fieri feci de bonis & catallis infranom' I.S. ad valenc ' 100 l. (or infrascript ' 100 l.) quas quidem 100 l. ad diem & locum infracontent' parat' habeo, prout istud breve in se exigit & requirit. Alias. Fieri feci, etc. ad valenc ' 200. l. & inde vendidi ad valenc ' 100 l. quas quidem 100 l. etc. ut supra. & quod residuum remanent intendit', etc. (Or thus, Quae bona & catalla penes me remanent inuendit' pro defectu emptorun.) Alias. Fieri feci, etc. quandam dimissionem & concessionem, eidem I. S. per quendam T.G. Gen' per indentur' suam factam, de & in uno messuag', etc. scituat', etc. infra ballivam meam. Et praedict' dimissionem, ac omne & totum ius statum titulum terminum annorum, & demand quae praedict' I. S. modo habet de & in praedict' praemiss. virtute eiusdem dimissionis aut aliter, venditioni exposui & vendidi cuidam C.D. Gen' pro summa 56. l. 3. s. 4. d. Ac etiam fieri feci de alijs bonis & catallis praedict' I.S. ad valenc ' 40. l. Quas quidem denar' summas ad diem & locum, etc. ut supra, Et quod praedict' I. S. nulla alia sive plura bona aut catalla in balliva mea habet unde resid praed debet 300. l. fieri sive levari possum second exigent', huius brevis. 2 Virtute, etc. Cepi bona & catalla 1 S. infranom' add valenc' omnium denar' infrascr'. Et illa venditioni exposui, ad quod non inveni emptores. Et ideo denarios infraspec'. habere non possum ad diem & locum infracont' ꝓut mihi praecipitur. Where there be diverse of one name. 3. Iustic' infrascr' certifico quoth sunt diversae personae in Comit. meo Nomin' & cognom. de I.S. viz. I.S. de B.I.S. de C. & I.S. de W. Et quia non continet' in isto brevi, de cuius predict ' I.S. bonis & Catallis denar. infraspec' fieri faceren. Ideo ad executionem istius brevis procedere non potui. 4 Infranom' I.S. nulla habet bona seu catalla, terras sive tenementa (or Nihil Nihil. habet) in balliva mea, unde denarios (or debitum & dampna) infraspecific', (aut aliquam inde parcellam) fieri facere possum, prout interius mihi pracipitur. Upon a Fieri facias, the Sheriff returneth, quod nihil habet, it is not good, without saying further, Nec habuit post receptionem brevis. Where the Sheriff returneth a Fieri facias, etc. he must withal have the money in Court at the day. Or upon a Fieri facias, if it be duly executed, and the money paid to the Plaintiff, or he otherwise satisfied, the Sheriff needeth not to return the writ. Hic cap. 38. Also upon a Fieri facias the Sheriff may sell a Lease for years, and yet never make any mention thereof in his Return, but to return generally, Quod fieri fecit de bonis & catallis. etc. Upon a Fieri facias against I.S. who dieth before execution, the Sheriff may levy the execution of the Executors or administrators of I.S. Upon a Fieri facias, if it shall appear to the Sheriff, that the Defendant hath sold his goods by covin, after the Recovery, there the Sheriff is to make execution of the goods notwithstanding such sale. Plus hic cap. 30, 36, & 29. Upon a Fieri facias sur Devastavit, upon a recovery had in debt, against Executors, the Sheriff may return, That the Executors have sold and wasted diverse other of the Testators goods, and converted the money to their own use. He may return, That the Executors Nulla habent bona seu catalla, de bonis suis proprijs in balliva sua, unde, etc. Also upon this writ, the Sheriff may take and seize into his hands such goods of the testators as are remaining in the Executors hands. Formedon. Plegij de Prosequendo. joh. Do. Rich. Roose. Summonitores Infranominat. I.S. I. H. T. S. Upon a Formedon, the Sheriff may return Tarde, etc. But in a Formdon the Sheriff may not return, Quod nihil habet, etc. Or, Non est inventus, etc. For that in this writ the Sheriff may summon the Defendant upon the land demanded, whither he be Tenant thereof, or no. CHAP. 62. guarantee de Charters. THe Process in this writ, is Summons, Attachment, and Distringas infinite: and upon every of these the Sheriff may return, as is before showed. In this writ also, Nihil is a good return. Brief de Gard. In this writ the Defendant is to be summoned. Upon this writ the Sheriff may return. That the Enfant is in another County. In this writ, upon the Distress with Proclamation, the Sheriff may return Tarde, scz. That the writ came so late; that he could not make Proclamation. Upon the distress with Proclamation, the Sheriff returned, that as to the distress, Mandavit ballivo libertatis, etc. and as to the Proclamation, That he made it himself, this is no good return (by some opinions) for that the whole return and serving of the writ belongeth merely to the bailiff. Tamen quaere, for that the Proclamations are to be made by the Sheriff in the county Court, & therefore he ought rather to execute the whole. Grand Cape. Virtute istius brevis etc. (tali die & anno) per visum R.H. & T.H. proborum & legalium hominum de com' meo, Cepi in manus Domini Regis terras infrascript' prout interius mihi praecipiter. Summonitor', I.D.R.F. Aliter. Or, Cepi in manus Domini Regis, omnia terras & tenementa reddit' & seruic' come pertin' in brevi isto specificat': secundum formam huius brevis. Note that the Grand Cape must be served (scz. the lands must be seized into the King's hands, by the view of lawful men) fifteen days before the day of the Return, scz. before the primo die, and the Sheriff shall be accountable for a the issues thereof. And yet by some opinions, those words Cape in manus nostras, are but of form, and that the Sheriff ought not to seize the lands into the King's hands by force thereof, see hic cap. 11. But the Sheriff must summon the tenant to answer to his default, & further to answer to the Demaundants action. Also the Sheriff must return the names of the Summoners, and veyours, In this Writ the Sheriff may return that the party hath nothing, per quod Sommoniri potest. He may return, Quod nullus venit ex parte querent' add ostendend mihi terras, & ideo non potui Capere, etc. He may return that there is no such Turn, etc. He may return Mandavi ballivo libertatis, etc. Cepi in manus Domini Regis duos solidat' redditus infrascr' ꝑ visum etc. De Petit Cape, vide hic cap. 11. & 31. CHAP. 63. Habeas Corpus. Et corpus cum causa. VIrtute istius brevis vobis Iustic' infraspec' certifico, quod ante adventum istius brevis infranom ' I.S. Captus fuit (in tali loco) & prisone, etc. Commiss. pro suspitione proditionis, feloniae, sur Capias utlagatum (or excom') sur Account, pro transgressione, or Virtute alterius brevis (Domini Regis, cuius tenor' sequitur' etc.) Attamen corpus eius coram vobis ad die et locum infracontent' prompt' habeo, prout interius mihi praecipiter. And yet if a man be in prison for treason or felony, and be attainted, it seemeth the Sheriff may return this, and that therefore he cannot have the body in Court at the day, etc. Aliter. Infranom ' I.S. Captus fuit etc. Et Prisone, etc. Commissus virtute cuiusdam brevis de Capias ad satisfact': Ideo corpus eius ad diem etc. habere non possum prout etc. But quaere of this return. ss. For if a man be condemned in any Court for Debt or Damages recovered and his body be thereupon taken in execution, and then he procures any writ to the Sheriff to remove his body etc. The Sheriff ought to bring in the body at the day, according as he is commanded by the writ, And withal the Sheriff ought to return the special matter and cause of the condemnation that so at last the prisoner may be remaunded, etc. Infranom' I.S. languidus est in prisona, Aliter. ita quod propter mortis periculum, etc. ipsum tute removere non possum. Infranom' I.S. per me non captus fuit, Aliter. sed ꝑ I. C. militem nuper vic' praedecessor' meum, & mihi per ipsum minime delibertat' in exitu ab officio suo. Ideo corpus eius, etc. habere non possum, etc. Also upon these writs, it is a good return that the party is dead. Domino Regi certifico quod I.S. infrascr': Aliter. non detent' existit in prisona sub custodia mea, Nec fuit die receptionis huius brevis, nec aliqua causa detentionis ipsius I. penes me residet. Et ideo corpus ipsius I. & causa detent' illius coram Domino Rege ad diem & locum infracont' habere non possum prout interius mihi praecipitur. And note that these writs (of Habedi corpus, & Corpus cum causa) are to be executed by the Sheriff notwithstanding any commandment to the contrary from the Lord Chancellor or other subject whatsoever (immo comment del nostre Seignior le Roy mesme desouth son privy seal, ou auter son ordinary power quant all execution de justice; except tamen le absolute power deal Roy.) And if the Sheriff shall surcease to execute the Kings writ upon any such ordinary commandment, the Sheriff shall be amerced etc. See hic cap. 21. Note that this Writ de Habeas corpus, shall not be granted to remove any prisoner, except the writ be signed with the proper hand of one of the justices of the Court, out of which the same writ shall be awarded. Habere facias seisinam. Virtute etc. Iustic' certifico quoth (tali dic & Anno) Habere feci infranom' A.G. plenam scisinam de uno messuag' cum pertin' in S. infraspec' in omnibus prout istud breve, Aliter. etc. Habere feci etc. seisinam de & in Tenementis infraspec'. Or, de manerio de F xx. acr' terre. 40. acr' prati etc. cum pertin' in F. etc. secundum formam istius brevis prout etc. But upon an Habere fac' seisinam (or other writ, where land is recovered) the Sheriff may not make these returns following, scz. That there is no such land, and therefore he could not make execution, etc. That a stranger is tenant of the land, and therefore he could not &c. That he against whom the recovery is had, hath nothing in the land; or is not tenant thereof, etc. For note that upon the Habere fac' Seisinam, the Sheriff ought to execute the writ, although that a stranger be seized of the land, and that in truth, none of the parties to the writ were ever seized thereof. The Sheriff returned that he could not deliver seisin, by reason of Resistance made by I.B. and other persons unknown, and was amerced, for that he might have taken Posse Comitatus, etc. And yet such a Return hath been allowed. Vide hic cap. 36. Note that upon the Habere fac' scisinam, as also upon an habere fac' possession ', if the Sheriff shall duly execute the writ, and that the Plaintiff or demandant have his demand, there the Sheriff needs make no return of the writ. But upon the Habere fac' seisinam, the Sheriff may make these retornes. scz. That he offered to the demandant seisin, etc. and he refused it. That he (the Sheriff) himself was tenant of the land, and so he could not serve the writ, etc. That none came to receive seisin, etc. That none came, Ex parte petentis, ad ostenden' tenement ' etc. And yet in case where the same Sheriff made the Summons, there he cannot after make this return. Quod nullus venit, etc. ad ostendendum Tenement'. Also note, that upon the Habere facias seisinam, the Sheriff may put the party in seisin or possession, as followeth: viz. 1 Of a house, by the Ring of the door. Or the Sheriff may open him the door of the house, and bid him to enter, etc. 2 Of land by a bough, twig, clod, or the like, upon the ground. 3 Of a Rent the Sheriff may put the party in possession thereof by Parrol. Or by any clod or other parcel of the land, as a bough or twig. Or by any corn, or herb, or other thing growing upon the land, out of which the rent is issuing. Or by Distress of Cattell levant and couchant there: but the Sheriff (or party) may not drive such off the lands. Also the Sheriff may deliver seisin or possession of land in one town, in the name of land in diverse towns. Also upon the Habere fac' Seisinan, or possessionem, the Sheriff may break open the door, etc. and deliver seisin or possession. Habere fac' visum. Virtute, etc. Iustic' infrascr' certifico Quoth (tali die & Anno) Habere fec' infranom H.H. & I. uxori eius, visum de messuag', etc. infraspec' cum pertin'. Et dixi A.C.D.E.F.G. & H.I. quatuor milit' (or hom') de come meo, (or ex illis) qui visut illi interfuer'. Quod sint coram Iustic' praedict' ad diem & locum infracont', ad testificandum visum illum, prout interius mihi praecipit'. In real actions, where the Tenant doth not well know the land demanded, he make pray the view scz. that he may be showed which is the land demanded. And the Sheriff may return, That he was ready to make the view, and that the Tenant (nor any for him) came not to have the view. Also the Sheriff is not bound to know or to seek the land demanded, and therefore except the demandant showeth it to him, he may return, Quod nullus venit ex parte petentis ad ostendendum mihi Tenementa petita, & ideo dicto T.S. (petenti) de tenementis infraspec' habere visum non potui. Or the Sheriff may return, Quod mandavit ballivo libertatis, de etc. Qui respondit, quod petens non venit ad ostendend, etc. lou il fuit priest, etc. If the demandant shall show to the Sheriff a stranger's land, by force whereof the Sheriff enters, etc. he is no trespasser. In a Praecipe of a Rent, the Sheriff (upon the view demanded & granted) shall not return Habere feci visum in x. s. redditus: but he must return, Habere feci visum de terra unde redditus, etc. If a rent be granted, but out of no land, and yet certain land is charged to the Distress, if the rent be behind ther● in an Assize, etc. this land so charged shall be put in view. If the Rent be granted out of one land, and other land within the same County be charged to the Distress, here both these lands shall be put in view. Where a Manor is demanded, nothing shall be put in view, but the Scite with the appurtenances, and not by parcels. If the Manor be demanded, and the thing put in view is but a house, and a Carve of land of another name, this is not good. If a house and ten shillings Rend be demanded, and nothing put in view but the house, it is not good. If a house and land be demanded, each parcel shall be put in view. Where part of a Manor is in demand, yet the view shall be of the whole. Where a moiety, or a third, fourth, or other part of house or land is in demand, yet the whole shall be put in view. Where a Carve of land is demanded, the moiety thereof may be put in view. In an Assize of land lying in two towns, the view ought to be made in both Towns. In an Assize the view ought to be made where the Disseisin began. Upon a demand of ten acres of land, the demandant said to the Tenant, That those ten acres were in such a field, and abuttalled by them, without bringing the Tenant to any parcel thereof, and the Sheriff returned it accordingly, and it was holden a good view. Note, that when the Sheriff maketh the view, he must go to the Tenements; etc. demanded, or to some part thereof. And he must have the Viewors present, who are to take view of the thing or place in question, etc. And he ought to give warning to the Tenant, of the time when the view shall be made. And he must return the names of the Viewors, (ut supra) and must warn them to be before the justices at the day mentioned in the writ, to testify their view, etc. Homine Repleg'. Virtute, Homine Repl'. etc. Iustic' infrascr. certifico, Quod statim post receptionem eiusdem brevis accessi ad praed' I. S. de pleg' facere praed' B. quem praed' I. S. mihi ostendere noluit, sed praed' B. ante adventum istius brevis, ad loca mihi incognita elongavit, Et post receptionem eiusdem brevis praed' B. non est inventus in balliva mea, ꝑ quoth praed' B. repleg' non possum, prout interius mihi precipitur. Aliter. Virtute, etc. certifico quod praed' B. clongatus est ad loca mihi incognita per infranom' A.C. & D. ꝑ quod, etc. The Sheriff also upon this writ may make these retornes following, scz. That he could not have the view, etc. ꝑ quoth, etc. That the defendant claimeth the Plaintiff to be his Ward. That the defendant claimeth the Plaintiff to be his Villain. CHAP. 64. Inquisitions by a Iury. FOr the form of the Inquisitions and return thereof. See hic cap. 58. Inquisic'. & 68 Inquisitions, in what cases Upon a Writ of Admeasurement. hic cap. 49. Upon a Capias utlagat. cap. 54. Upon a writ to inquire of damages. scz. in Detinew. cap. 56. Dower. cap. 56. Trespass. cap. 77. Upon an Aetate probanda, cap. 57 Upon an Elegit. cap. 58. Upon an Extent. ibid. Upon a partition. cap. 68 Upon a Proprietate probanda. cap. 73. Upon a Redisseisin. c. 93 Upon a Secunda Superoneratione cap. 76. Upon a writ to inquire of waist. cap. 79. The Sheriff in all his Inquisitions taken and returned by him, must therein set down the certainty of the year, day & place of the taking of the Inquisition. If the writ appoints that the Enquest shall be taken at a day or place certain, the Sheriff must return that it was taken at the same day or place. Where the Sheriff is to make an Inquisition; it seemeth to some, that none of the Enquirors may be challenged, for that they are but an inquest of office: but yet in a writ to inquire of waist (where the Sheriff is both a judge & an officer) the Enquirors may be challenged & if the Sheriff shall deny it, it is error. And so it is in a writ of Redisseisin: And so note that the Sheriff may make the Pannell, and after may adjudge the same to be quashed, if there be cause. Where the Sheriff is to make Inquisition (by a jury) and the jury appear, and have their charge, etc. and by reason of some difficulty the Sheriff giveth to the jurours respite for certain days, & at the day so appointed to the jury to (bring in or) give their verdict, one of the jury maketh default, quaere whither the Sheriff may not assess a reasonable fine upon him, and return the same fine, (especially where the Sheriff is made a judge of the cause.) And such giving of respite to the jurors by the Sheriff, seemeth warrantable. Note wheresoever the Sheriff shall make a false return, an Action Sur le case lieth against him: but if the Sheriff shall make Inquisition by a jury, and return the same, although it be false, yet the party hath no remedy against the Sheriff, nor against any other. Quod nota bene. But if the jury shall find any thing without warranty, & the Sheriff, shall take or return the same, he shall be amerced. See hic cap. 79. What the jury may find, and what not, see hic cap. 56, 58, 77, & 79. In every case the Sheriff ought to make his enquiry by twelve men at the least. And when the jury have appeared, the Sheriff must swear them, and then give them their charge, scz. to make enquiry according to the Writ. After the charge given, if any of the jury shall departed without giving up their verdict, the Sheriff may return, That the jurors were charged before him, and that after, such of the jury (or the jurors) departed in despite of the Court, without giving up their verdict; and such Return is good, and an Attachment will thereupon go out against the jurors. Note that all Inquisitions made by the Sheriff, must be by writing indented, & returned under the seal of the Sheriff, and of every juror. An inquisition taken and executed by the Sheriff in the time of one King, and then the King dyeth, quaere whether the Sheriff shall now return the same inquisition without a writ first to him after directed for that purpose. Upon an inquisition, if any doubt shall arise, etc. the Sheriff may return that he and the jury were in doubt, showing wherein, and so pray the advice of the Court therein. Hic. ca 58. And in most Inquisitions, the Sheriff is to summon or give warning to the parties, that they may be present thereat, if they will, scz. to plead; give in evidence, or make their Challenge, etc. CHAP. 65. Levari facias. VIrtute, Levari facias etc. Cepi in manus Domini Regis, quoddam hospitium cum tribus shopis ipsius I.S. infraspec': Quae valent per annum ultra repris. x.l. Et quod praed hospicium cum shopis praed saluo custod donec aliud a vobis inde habeo in mandatum. Upon a Levari facias, the Sheriff may return, that he hath levied ten pounds of the sum, the which he hath delivered to the Plaintiff. Plus hic cap. 29. Aliter. I.S. infrascr', nulla habet ' bona sive catalla, in balliva mea, de quibus denarios infrascript' aut aliquam parcellam inde levari possum, prout interius mihi praecipitur. Lattitat. Upon a Lattitat, Nonest inventus is a good return. Also Cepi Corpus, and other returns may be made upon a Lattitat, as upon a Capias ad respondendum, as it seemeth. Liberate. Upon a Liberate, Liberate. if the Sheriff hath duly executed the writ, and paid the money to the Plaintiff, he needeth not to return the writ. Hic cap. 38. Virtute istius brevis (tali die & anno) Liberavi L. S. infranom' Manerium infraspec', cum pertin', Tenendum sibi & assign' suis ut liberum tenementum suum, quousque sibi de debito infrascr', una cum dampnis misis & expensis, quae in hac parte rationabiliter sustinuit, plenar' satisfact' fuerit, prout istud breve in se exigit & requirit. I.S. infranominatus non est inventus in baltiva mea. Vide plus hic cap. 25. CHAP. 66. Return the Brief de Medio. PLegij de Prosequendo. joh. Do. Mesne. Rich. Roose. Summonitores in franomin ' I. S. H. I. T. S. In a writ of Mesne, the Process which is given by statute, is Summons, Attachment, and the Grand Distress, which shall have day of Return by such time that two County Courts may be holden, in which the Sheriff shall make Proclamation, that the defendant come to acquire the Plaintiff or Tenant, etc. And if the Defendant cometh not, and that the writ be returned, the Defendant shall be foreiudged. For the form of the return of Proclamation of Summons, see hic cap. 70. Nihil. Upon the Writ of Mesne the Sheriff may return, Quod nihil habet medius unde potest summoniri. Or, Nihil habet per quod potest attachiari. Or, Nihil habet per quod potest distringi. Retorn' brevis Eligend' Militis & Burgens. Parliamenti. Virtute istius brevis mihi directi, in pleno Comitatu meo tent' apud Cantab ' (tali dic & anno) per assensum eiusdem comitatus Elegi feci duos Milites de Com' meo praed viz. E. P. & I.C. ad faciend' prout istud breve in se exigit & requirit. Feci etiam praeceptum W.D. maiori villae de C. in Com' meo, quod de eodem burgo Elegi fecerit duos burgens. ad faciend quod istud breve exigit, qui quidem Maior sic mihi respondit quod clegi fecerit de praed' burgo de C. duos burgenses, viz. P. F. & I. W. ad faciend etiam prout istud breve in se exigit & requirit. Proclamari etiam feci omnia in isto brevi content' secund formam & effectum huius brevis, & prout istud breve requirit. Residuum vero Executionis istius brevis patet in quibusdam Indentur' huic brevi annex'. And then there must be indentures made between the Sheriff of the one part, and some of the freeholders being choosers (of the Knights) of the other part; in which indentures the names of the Knights shall also be set down, etc. See hic postea cap. 92. For the form of these Indentures, see my book at large. The like Indentures also are to be made between the Sheriff of the one part, (and the Mayor or Bailiff, quaere) and some of the free Citizens or Burgesses of the City or Borough (being choosers of their Citizens or Burgesses) of the other part; In which indentures also the names of their Citizens or Burgesses must be set down, etc. hic cap. 92. The form of which last Indenture, you may also see in my book at large. And all these Indentures must be returned with the said writ. Plus hic cap. 92. CHAP. 68 Retorn' brevis originalis in Partitione. PLegij de prosequendo. joh. Do. Rich. Roose. Summonitores infranominati R. B. & Eliz. uxoris eius. W.A. H. F. A. B. Armig ' vic'. The Return of the writ of Partition, Executio istius brevis patet in quadam Inquisitione huic brevi annex'. Virtute brevis Domini Regis mihi directi, & huic schedulae (or huic partition') Indent. annex' ego A.B. armig' vic' come praed' (tali die & anno) in propria persona mea accessi ad messuag' (or ad Tn'ta) in brevi praed specificat. Et ꝑ Sacramentum I. B. R. B. etc. (ad numerum xii.) proborum & legalium hominum de come praed ac visnet' in eodem brevi specificat' habito respectu ad verum valorem eiusdem messuagij (or eorund Ten'tor') cum ꝑtin', eundem messuag' cum ꝑtin' in quatuor equales partes partiri feci, unam partem partium illarum, viz. etc. Tenendum H. S. & F. uxori eius in breve praed' nominat' in separalitate ꝑ metas & bundas, in iure eiusdem F. Aliam partem inde viz. etc. Tenendum B.R. & Eliz. uxori eius in breve praed' nom' in separalitate, in iure eiusdem E. * Ac duas alias partes inde viz. etc. Tenendum praefato I.S. in separalitate, in iure suo proprio. Et ego praefatus vic' dic & anno superdictis eas deliberari & assign' feci, prout idem breve in se exigit & requirit. In cuius rei Testimonium, etc. And it is fit to name and abutte, and show the contents of the several parcels. * If any of the parties be absent, the Sheriff may make his return thus; Et quoad duas partes residuum Tenementorum praed' in breve praed' specificat' I. S. in codem breve similiter nominat' ad particionem praed' deliberand' & assign' Iustic' infraspec' certifico, Quod nullus ex parte ipsius I.S. venit ad recipiend' de me easdem duas parts, Ita quod duas partes illas praefato I. S. liberare & assignare non potui, prout breve praed in se exigit, etc. In cuius rei Testimon', etc. So that here the Sheriff must in person go to the Tenements, etc. He must make the partition by the oath of x j men. The partition must be made by the jury; who must do it equally; and then the Sheriff may assign the one part to one, and another part to another, etc. at his election, and by meets and bounds: and here the eldest sister is not to choose, etc. Or upon the partition to be made between 2 parceners, of two Manors, the Sheriff may assign the one Manor to the one, and the other Manor to the other, so that both the Manors be of equal value. And so of 2. Acres of land, etc. The Sheriff must return the Partition by writing indented under his own seal, and the seal of every juror. Upon a partition to be made between tenants in Common, where one of them hath purchased other lands which lie intermixed, and cannot be known, the party which purchased such lands, aught to show to the jury the bounds (or the certainty or number of Acres) of his land so purchased, but if neither party will therein give evidence to the jury, yet the Sheriff and the jury are to make the partition at the r perils, and as well as they can. See a good form of the Return of this writ of Partition, Libro Intrat. fol. 452, tit. Partition div. 3. CHAP. 69. Praemunire. Upon this writ the Sheriff returned that the defendant was garnished generally, but showeth not what day, and it was disallowed: for such garnishment ought to be two months before the return. Upon this writ the Sheriff returned, Quod Praemunire fecit, etc. quod esset, etc. coram. etc. ad faciend' quod istud breve exigit & requirit, this is a good return. The Sheriff may return that the defendant, Nihil habet in balliva mea ꝑ quod eum praemunire facere possum ad praesens, nec est inventus in eadem. CHAP. 70. Praecipe quod reddat of land. IN a Praecipe quod reddat, the Sheriff may not make any of these 5. returns following, scz, That the defendant is not tenant: for the Sheriff may summon him in terra petita. That the defendant Nihil habet, unde eum summonire potui: Or, That the defendant Non est inventus. Causa qua supra. That the tenant is an Enfant, or Feme Covert. That the tenant hath yielded the land to the demandant. For if the tenant shall yield the land to the demandant, yet the Sheriff must summon the tenant, and must return the same, for that such yielding of the land must be in the Court, etc. In a Praecipe against two, the Sheriff returneth one of them summoned, and the other not, this is not good, but he must summon them both, and so make his Return. In a Praecipe quod reddat, the Sheriff may return, That the Tenant is dead, (or deposed, being an Abbot, etc.) If the Sheriff shall return the Tenant summoned, where in deed he was not summoned, the Sheriff is punishable. Note that in a Praecipe quod reddat there must be two Summoners at the least, and the Sheriff or his Officer, in the presence of those Summoners, aught to summon the Tenant to keep his day of the Return, (naming that in certain) and also he ought to name the demandant, & the land in demand. Hic cap. 31. Proprietate probanda. Upon a Replevin (Alias, or Pluries, Repleg ') directed to the Sheriff, if the Defendant claimeth property in the Cattles (or goods) distreyned, etc. the power of the Sheriff ceaseth and determineth, so as the Sheriff may not Replevie, or make deliverance of them. But the Sheriff is to return, Quod def. clamat averia, etc. esse sua. Ideo. etc. And upon such Return the other party may sue out his writ de Proprietate probanda. Upon this writ de Proprietate prob ' the Sheriff in his County Court, and before the Coroners, shall impannell a jury to inquire in praesentia partium (if they will) of the property of the Cattles, (or goods) scz. to whom the property of the same was at the time of the taking: and if it be found, that the property was in the defendant, the Plaintiff shall be amerced by the Sheriff in the County. But if it be found that the Defendant had nothing in the Cattles (or goods) but that the property was in the Plaintiff, than (if the Plaintiff shall find Pledges de Prosequendo) the Sheriff shall attach the defendant, ad respondend tam dom. Regi de contemptu, quam querenti de dampnis, etc. And the Defendant shall afterward be committed to prison by the justices, there to remain until he hath paid a fine to the king for such his false claim; but that punishment and fine shall be inflicted and set by the justices in Banco. Also upon the property found for the Plaintiff (as aforesaid) the Sheriff shall make delivery of the Cattles, etc. to the Plaintiff. Upon this Writ the jury are only to inquire to or in whom the property of the Cattles was at the time of the taking. And here the very title of the Cattles or goods shall be given in eviuidence, and tried before the Sheriff. And upon this trial the party may challenge the jury. But this writ shall not be granted but only where the Replevin is sued by writ, (and not where it is only by Plaint) neither shall it be granted but upon the Sheriffs Return, etc. Note that the bailiff or servant may claim property for his Master, & one Defendant may claim property, but an Estranger cannot claim property. And although the Bailiff or Servant shall claim property for their Lord or Master, yet the Sheriff may make deliverance of the Cattles, notwithstanding such claim, (and may not safely return such claim made by the servant) but if the right owner of the goods himself claimeth property, than the Sheriff may not make deliverance, but must return, Quod def. clamat averia, etc. ut supra. Also before the enquiry of the property be made in the County Court, the Sheriff is to give warning to the Defendant thereof, that he may be present thereat if he will. And the Sheriff also must give warning to the Plaintiff, to be there to give in his evidence to the jury, etc. Mes nota que le trial del property enle County Court do't le Vic' per cel Brief, ne liar les parties, etc. Return de Proclam' de Summons in Breve de Admeasurement. Proclam. Ad Com. meum tentum apud Castrum Cantabr' in Comitat' Cantabr ' infrascr' (tali die & anno) Et ad Comitat' meum tent' apud Castrum Cantabr' in Com' C. praed (tali die & ann') suprad, proclamari feci omnia & singula in Brevi praed specificat', prout mihi interius praecipitur. The like return of Proclamation may be made upon the writ de Communi Custodia, etc. but that there must be three Proclamations, etc. Vide Return de Proclam' de Summons: Summons. In Brief de Dower, hic cap. 56. Sur Exigent, cap. 59 In Brief de Waste, cap. 79. In Brief de Mesne, cap. 66. Return de Pone, de Remover Plea. Pone. Plegij de Prosequendo. joh. Do. Rich. Roose. Infranom' I.S. attachiatus est per Plegios N.F. R.D. Or the party may be attached by his goods, and then thus: Infranom' I.S. attachiatus est per unum equum pretij xx. s. Infranom' I.S. nihil habet in balliva mea, per quod attachiari potest. Nihil. And note that the Pone is but a Summons, scz. a command to the Sheriff to summon or prefix a day to the parties, Plaintiff and Defendant, that they appear in Banco, etc. If it be in a writ of Right, see what the Sheriff must return, hic cap. 56. And if it be in a Replevin, the Sheriff must return the Plaint or Plea, etc. out of the County Court, into the Common Bank, and must return the same under the seals of four Suitors of that Court, as followeth: Virtute istius Brevis mihi directi posui coram Iustic' Domini Regis de Banco apud Westmonaster' Loquelam quae est in Com' meo (per breve dicti domini Regis) inter T.W. & H. B. de averijs ipsius T.W. capt' & iniustè detentis ut dicit', prout patet in quadam schedul. huic brevi annex'. Or thus: Virtute istius brevis in forma infrascr' posui loquelam infrascr' ad diem & locum infracontent', prout interius mihi praecipitur. Cuius quidem loquela record patet in schedul', etc. Summonitor' P.T. & I.D. Ad Comit' meum tent' apud C. (tali die & anno) T. V Schedula Schedula. quaeritur versus H. B. de placito Captionis & iniuste detention' averior, Et sunt pleg' de prosequendo & retorn' habendo si return' inde adiudicetur, viz. I. M. & W. F. In cuius rei Testimon' I.K.B. C. D. G. & R. S. quatuor legales homines ex illis qui Record' illo interfuerunt in plena Curia illa eidem recordo sigilla sua alternatim apposuer' die & anno supradictis. In a Replevin a Pone went out, and at the next County Court the Plaintiff was Nonsuit, or hath discontinued his Suit, yet the Sheriff may execute the Pone, (scz. may record and return the plea.) And yet for that by the Nonsuite there resteth no plea (or thing) to be removed, the Sheriff may return, Quod ad proximum Comitat' etc. the Plaintiff was Nonsuit, Et sic Nul parol la, etc. Note that the plaint only shall be removed, and the avowry: But the Process, the proceed, and continuance thereof shall not be removed. And wheresoever a writ cometh to the Sheriff to remove the Plea, out of the County Court, etc. the writ must be openly read in the Court, that the other party may have notice thereof CHAP. 71. Quare impedit. IN a Quare Impedit, the Sheriff must summon the defendant. And this summons of the defendant may be made in the Church; or to the person. The Sheriff in this writ may return Quod querens non invenit Plegios de Prosequendo. Also upon this writ, the Sheriff may return Tarde. Also the Sheriff may return Nihil upon the summons, and upon the attachment, Attachment, and upon the Distringas. CHAP. 72. Recordare facias Loquelam in Comit'. VIrtute istius brevis mihi directi in pleno com' meo tent' apud etc. (tali die & Anno) Recordari feciloquelam, quae est in eodem com' inter parts infrascr': unde interius fit mentio; Quae quidem loquela patet in quadam, sche dula huic brevi annex. Et recordum illud habeo coram Iustic' infrascr' ad diem & locum infracontent' sub sigillo meo, & sigillis W.H.T.R. etc. quatuor proborum & legalium militum (or hominum) eiusdem com' ex illis qui record illo interfuer'. Et partibus infrascr' diem & locum illum praefixi, quod tunc sint ibi in loquela illa prout iustum fuerit prosecutur, prout interius mihi praecipitur. Or thus, Virtute huius brevis recordari feci loquelam quae fuit in com' meo seve brevi Domini Regis inter I. & H. infrascr' de averijs ipsius I. capt' & iniuste detent' & partibus infrascr' etc. ut supra. Residuum executionis istius brevis patet in quad sched huic brevi annex'. R. S. queritur versus I.S. de placito captionis & iniuste detentionis averiorum suorum (contra vad & pleg' etc. Querela. ) Et sunt pleg'de ꝓsequend': Necnon de returno habendo si returna adiudicetur D.E. In cuius rei testim', etc. ut antea in return de Pone. This Recordare is only to remove the suit into the King's Court, out of the Court of Ancient Demesne, County Court, or Lords Court. In the writ de Accedas ad curiam the Sheriff must take with him four sufficient discreet and lawful men of the same county: But in this Recordare fac' loquelam the Sheriff needs not to take any with him; but both these writs must be returned under the seals of the Sheriff, and of four of the Suitors. Also the Sheriff is first to require the view or the plea, and to record the same in full Court, etc. Then he is to summon the parties to be before the justices at the day of the Return. Or he may cause this writ to be openly read in the same Court, to the end that the parties may have notice to appear at the day of thereturne thereof etc. And then he is to return the same Record (as aforesaid) together with the Writ. But nothing shall be removed, but only the Pleint. Note that the Suitors are judges in the county Court, and therefore the return must not be Recordari feci loquelam quae est in eodem comit' coram me; (nor add comit' tentum coram me) but it must be coram (such and such) Sectatoribus curiae, etc. Also the Schedule must be, Ad comit' meum tent' (tali die & Anno) coram, such and such, sectatoribus Curiae and not coram me. Now in a Recordare de averijs, the Sheriff may return, quod causa non est vera. In a Recordare fac' loquelam, the Sheriff may return, that the Suitors would not deliver to him the Record, nor suffer him to have it. Or that the Suitors would not record the plea. Or that the Suitors answered him that there was no such plea depending in the Court. Note that if any four of the Suitors do deliver the Record to the Sheriff, and he return the same, it shall be holden a good Record. Also in a Recordare the Sheriff may return Tarde. Upon a Recordare fac' loquelam, although the plaint or suit be determined, yet the Sheriff is to make execution and return of the Writ, as aforesaid. The Sheriffs duty in executing this writ of Redisseisin, Redisseisin. see hic. cap. 93. CHAP. 73. Retorn' de Replenin, etc. Upon a Replevin directed to the Sheriff, it seemeth that he needeth not (by the Common Law) to return the writ until the Pluries Repl ', but may make Repl ' upon his own authority; but if at the Pluries he doth nothing, than an attachment shall go out against the sheriff, directed to the Coroners, etc. And all these Writs, scz. the Replevin, Alias, and the Pluries, may be sued out all at one time, and delivered to the Sheriff, as the Plaintiff shall think good. Upon a Replevin, the Sheriff may make these returns following, if the case so require. Plegij de prosequendo, & de returno iude habendo, si retorna inde adiudicetur. I. D. R. R. Virtute, etc. Replegiari feci (or deliberari feci) infranom ' R. aneria infraspec ' prout interius mihi praecipitur. 1. Quod averia & catalla infranom ' R. (quae I.S. cepit & iniuste detinuit, ut dicitur) elongata sunt (ad loca mihi incognita) per praed ' I.S. Ideo prefato R. averia & catalla sua praed' Repleg' non possum prout interius mihi praecipitur. 2 That the defendants hath esloigned (or conveyed away) the cattles out of his bailiwicke (or County) Ideo, etc. 3. Quod accessi ad locum, etc. Et visum habere non potui de averijs, etc. Ideo, etc. 4. Quod nullus venit ex parte querentis ad demonstrandum mihi averia, Ideo, etc. And yet if the Plaintiff showeth the Officer a stranger's cattles, and the Officer delivereth them, he is a trespasser by some opinions. 5. That the defendant claimeth property in the goods, Ideo, etc. 6. That the Plaintiff hath taken his cattles again. 7. That the cattles are dead. 8. That the defendant hath put the cattles within the Rectory of the Church of W. so as he can not make deliverance. 9 Also where the cattles are driven into a Fort or Castle, it seemeth that the Sheriff may return, Elongata, etc. But these returns following are not good, viz. 1. That the Cattles are in a Fort, Castle, or Park, so that he could not make deliverance, is not good. 2. Quod averia, etc. Elongata sunt ad loca incognita infra Comitatum meum, is not good, for the Sheriff is to take notice of them if they be within his County. 3. Quod visum habere non potui de averijs, is not good without saying, Accessiad locum, etc. 4. That the bailiff or servant claimeth property for his master, etc. for by some opinions, the master cannot claim property by his bailiff or servant. Quaere & vide hic cap. 70. 5. That there are no such (goods or) cattles within his bailiwick: for in such case the Sheriff must return, Quod elongata sunt. 6. That the defendant took the cattles for the King's debt, etc. Or, That the defendant delivered the to another in execution by force of a recovery, etc. these are no good returns. Also the Sheriff (upon a Replevin, etc.) may not return, Mandavi ballivo libertatis, etc. Qui mihi nullum dedit responsum. Or qui non vult facere Deliberat', for that the Sheriff (upon such return, etc. made by the bailiff of the Liberty, or upon such default of the bailiff) ought himself presently to enter into the Franchise, and to make deliverance of the cattles, etc. hic cap. 40. & 114. Plus hic cap. 114. Retorn' de Repleuin sur Retorno Habendo Plegij de prosequendo & de return' habend' si, etc. B.C. D.E. Virtute istius brevis mihi directi deliberari (sive Repleg') feci infranom' R. B. averia quae I.S. in Curia Dom' Regis adiudicat' fuer' prout interius mihi praecipitur. Upon the Returno habendo, the Sheriff may return, Quod averia elongata sunt, etc. But if the writ de returno Hab ' bee awarded to the sheriff after the writ of second deliverance prayed by the Pl', the Sheriff hath no power to execute the returno habendo, but the second deliverance; for the writ of second deliverance is a Supersedeas to the returno habendo, so as the Sheriff cannot return it, etc. Note by some authorities, that the Writ de returno habendo, is not returnable. Also note that the Sheriff) before he maketh deliverance of any distress) must not only receive of the Plaintiff, Pledges de prosequendo, but also Pledges for the return of the beasts, if return be awarded. Plus hic cap. 114. And if the Sheriff taketh insufficient Pledges de returno Hab ' they are as no Pledges, and he shall answer the price of the beasts, &c, CHAP. 75. Return de Scire facias. VIrtute istius brevis, etc. per C. D. & E.F. probos & legales homines de balliva mea, Scire feci infranom' I.S. quod sit coram Iustic', etc. (vel coram Domino Rege, vel coram Baronibus domini Regis) ad diem & locum infrascr'. Ad respondend R. H. infranom'. Or, Ostens'. in forma praedict'. Or, Adostendend ' si quid pro se dicere sciat, quare, etc. Or, Ad informand' dict' Dom' Regem, prout, etc. Or, Ad faciendum & recipiendum eaquae istud Breve exigit & requirit. Or, Ad faciend' quod Breve requirit. And note that it is not enough for the Sheriff to return, Scire feci I. S. infranom', quoth sit coram, etc. but he must also warn (or give knowledge to) the party Defendant) that he appear in such a Court at such a day, and at such a man's suit, there to do that which the Writ requireth: and then his Return must be, Scire feci, etc. ad essend' coram, etc. adfaciend, etc. prout ut istud breve requirit. Also that garnishment of the defend. must be by (or in the presence) of two others, & must be so returned together with the names of the Garnishers to be set down in the Return, ut supra. Also in the return of the Garnishment by C.D. and E. F. these words, Probos & legales homines, seem to be material, for else the Garnishers may be attainted or outlawed, etc. The Sheriff returneth, Scire feci haeredibus & terrae tenent', without naming their names, it is not good. In a Scire facias, I.S. Magistro Collegij, etc. the Return was, Scire feci, Magistro, without naming him, it is void. In a Scire facias to execute a judgement or Fine, the Sheriff must return the names of the Summoners and Veyors. In a Scire facias the Sheriff may return, Quod Breve tarde venit, etc. In a Scire facias against two, the Sheriff returned, Scire feci the two, modo & forma prout istud Breve exigit etc. and it was holden good, though he returned not severally Scire feci. In a Scire facias, it is a good return, That the party is dead. So in a Scire facias to have return of Cattles, it is a good return, that the Cattles are dead. In a Scire facias against the husband and wife, it is no good Return, That they are divorced. Hic cap. 36. Against a Parson, it is a good return, that the Parson had resigned his Benefice before the Writ came to him. In a Scire facias against two, the Sheriff may not return, That one of them was garnished, and that the other Nihil Nihil. habet: for though he hath nothing, yet the Sheriff might have garnished him by his person. And so note that in a Scire facias the Sheriff may garnish the party by his person, or upon his lands, or by his goods. Quaere how? It seemeth by Attachment of his goods. And therefore in a Scire facias, where the Sheriff returneth, Nihil habet in Balliva mea per quod ei scire facere possum, He must return further, Neque est inventus in eadem. Nulli sunt Executores de I.S. infranom', neque admin' bonorum & catallorum, quae fuer' eiusdem. I. S. Nec haered neque tenent' terrarum & tenementorum quae sua fuer' in balliva mea, quibus aliquo modo scire facere possum, this is good. Note when the Shsrife upon the Scire facias warneth one to appear, etc. that properly is called Garnishment. And if the Sheriff shall return garnishment where no garnishment was made, he is punishable. CHAP. 76. Retorn' de secunda Superoneratione. 1 Where the first Admeasurement was made before the justices, scz. where the Writ was removed before them out of the County Court,) there upon this Writ de Secunda superoneratione (directed to the Sheriff to inquire of the second surcharge,) the Sheriff first ought to summon the parties to be before him at the time of his Enquiry. Then he ought to go in person to the place, etc. and to make his inquiry by a jury, in the presence of the parties (if they will come and appear) that so they may show and deliver their evidence and proofs to the Iury. And if upon this Enquiry the second surcharge be found, the Sheriff ought to return the same Inquisition into the Court of the Common Pleas, by Indentures under his own Seal, and the seals of the jurors. And here the parties may have their challenge to the Enquest, either to the Polls, or to the Array. 2. But where the first admeasurement was made before the Sheife in his County Court, (scz. where the Writ was not removed,) thereupon this Writ de secunda superoneratione, the Sheriff needeth not to summon the parties, etc. And yet here also the Sheriff must inquire by a jury, (of the second surcharge:) and in both cases the second surcharge being found upon this Enquiry, the Sheriff must further inquire of the so put upon the Common above the due number, or of the value of them; and must return the same also in his Inquisition, by indenture, etc. as aforesaid. But here the parties shall not have their Challenge to any of the jurors. Note that upon this Writ de Secunda superoneratione, the Sheriff in both cases (scz. whether the first admeasurement were made before the justices, or before the Sheriff in his County) is to go in person to the ground surcharged; And he must cause the jury to see the same ground, and to see the number of the of the defendants which are put thereupon; and then the Sheriff may make his Enquirie elsewhere. And the Cattles put by the Defendant upon the common above the due number, shall be forfeit to the King in both cases. And the Sheriff upon his account in the Exchequer, shall in both cases be charged either with the Cattles, (as forfeit to the King) or else with the value or price of the same cattles: and the Sheriff upon his account also shall be examined upon his oath, how many Cattles of the Defendant were found upon the same ground above the due number. Note also, that if the writ were not removed, but remaineth in the County court, there the Def. cannot avouch to warranty, nor have the view, nor other such advantages before the Sheriff. CHAP. 77. Return Brevis Originalis in Trespass. Plegij de Prosequendo. joh. Do. Rich. Roose. And if the Defendant be sufficient, then thus: Nihil. Infranom' I.S. attachiatus est per Plegios P.R. I.W. Or thus: Infranom' I.S. attachiat' est per unum Bovem pretij 20. s. But if the Defendant be insufficient, then thus: Infranom' I.S. nihil habet in balliva mea per quod attachiari (vel distringi) potest. And in Trespass, Nihil habet, etc. is a good Return, without saying, Nec habuit post receptionem Brevis, or die quo, etc. Retorn' Brevis ad inquirend de dampnis in Trespass. Executio istius brevis patet in quadam Inquisitione huic brevi annex'. A.B. Arm●g ' Vic'. Inquisitio. etc. qui dicunt super Sacramentum suum, Quod W. B. & A. uxor eius, in dicto breve nominat' sustinuerunt dampna occasione transgress. in eodem brevi specificat' (ultra misas & costagia suas, ꝑ ipsos circa sect' suam in hac parte opposit') add xx. s. Et pro misis & costag' illis ad 6. s. 8.d. In cuius rei testim', etc. In this writ to inquire of damages in an action of Trespass, the jury may not nor cannot find that no Trespass is done; neither may the Sheriff make such a Return. But if the jury will find no damages, there the Sheriff may make his return accordingly, scz. That the jury found or gave no damages. CHAP. 78. Return de Venire fac' defend'. VIrtute istius brevis, etc. Venite feci infranom' I.S. coram, etc. ad diem infracont' ꝓut interius mihi praecipitur. Infranom' I.S. attach' est per Pleg', etc. I. Fen. R. Den. Infranom' I. S. attachiatus est essend coram Iustic' infrascript' (tali die, Alias. etc.) add certificand secund' formam huius brevis per Pleg ' P.R. I.W. Infranom' I.S. nihil habet in ballina mea per quod potest attachiari, vel ubi eum Summonire possum. For upon the Venire facias, if the Defendant be sufficient, the Sheriff may return him summoned or attached. Retorn' de Venire facias Iurator'. Executio istius brevis patet in quodam panello huic brevi annex'. A.B. ar' Vic'. Nomina Iurator' inter I.C. Querent' & D.F. Def. in placito transgress. etc. (or Debiti, etc.) Then writ down the names of twenty four jurors, thus: Et sic ad numemerun 24. Panneb. R.W. de E. Gen'. F.C. de W. Yeoman. P.R. de B. Yeoman. Quilibet Iurat' praed per se separatim, manucaptus (or attachiatus) est per Pleg' I.D. R.R. A.B. armig' vic'. And yet it seemeth not needful, to return Manucaptores here. But upon this writ the Sheriff must necessarily return twenty four. Also the whole jury must necessarily be of such as dwell within the Shire, etc. See hic cap. 85. The Sheriff must not return Venire feci, etc. but he must return, Executio istius brevis, etc. ut supra. Upon the Venire fac' jurator ', the Sheriff shall return no issues; but upon the Distring ', or Habeas Corpora jurator ', he must return issues. Hic cap. 90. If any of the jurors be misnamed either in their Christian name or Surname, it is erroneous. The Sheriff shall return no juror without some true and certain addition. Hic cap. 85. He shall not return the same persons which have passed in a former inquest for the same cause. He must return the name of the jurors in a schedule, and not upon the back of the Writ. And if the parties shall admit a Visne (or such a Town to be) although there be no such Town, yet the Shemay not return that there is no such Town; but he ought to make his Pannell de Corpore Comitatus. Retorn' de Habeas Corpora Iurator'. Executio istius brevis patet in quodam Pannello huic brevi annex'. A.B. Armig ' Vic'. Nomina Iurator' inter, etc. as before upon the Venire fac'. Quilibet Iurator' praed' per se separatim Manucaptus est per I. D. R. R. Exitus eorum cuiuslibet. x.s. Note that here issues must be returned upon every juror, See how much shall be returned upon them in issues. Hic cap. 90. Where the old Sheriff returned a juror in issues, the next Sheriff may not return him Nihil, etc. See hic cap. 44. Also the Sheriff must return them attached; and not to return Quod habet corpora eorum. Upon the Habeas Corpora jurator, if any of them be dead, the Sheriff may return them Mortuus: and if after a Distring ' jurat ', or a Decem Tales shall go out, the Sheriff may return that others of them are dead. Upon the Habeas Corpora jurat ', the Sheriff may return Manucaptors (or Pledges) upon the jurors, as above. But that is not required (nor best) in the first Venire fac' jurator ', nor in the Decem tales, or Octo tales. This Habeas Corpora is to bring in the jury (or so many of them as refused to come, or did not come, upon the Venire facias) for the trial of a cause brought to an issue. Retorn' de Distring ' jurator. Executio istius brevis patet in quodam Pannello huic brevi annex. And then set down the names of the jurors, ut supra. Manucaptor' Iur' praed & eorum cuiuslibet. I. D. R.R. Exitus corum cuiuslibet. x.s. (or more according to the Statutes, which see hic cap. 90.91. It seemeth also that the Sheriff ought to return Pledges of the Manucaptors in this manner following. Quilib' Manucaptor' praed attach. est ꝑ Pleg'. I.S. W. A. So that upon the Distring ' jurat ', the Sheriff must return the names of the jurors, and the names of the Manucaptors of the jurors; and issues upon the jurors; and also the names of the Pledges of the Manucaptors; and that without all these the Process is not served. Upon the Distring ' jurat ', the Sheriff returned Nihil habet, etc. upon one of the jurors, this is not good. Upon this Writ the Sheriff returned, that as to some of the jurors he served the Writ; and as to the rest Mandavi ballivo Libertatis, etc. but the Sheriff was amerced, for that the Writ colud not be served by two. hic cap. 39 Upon the Distring ' jurat ', the Sheriff may return Tarde, in this manner. Quod distringend' I. M. & alios Iurator' infrascript' essend coram Iustic' add diem & locum infracontent' istud breve adeo Tarde mihi liberat' fuit, quod propter temporis brevitatem Executionem inde facere non possum ad presence. Sed de novo apposui Decem tales, vel Octo tales, ut proprium sequit' prout in isto brevi mihi praecipitur. A.C. D.E.F.G. etc. Note that upon the Habeas Corpora jurotor ' and upon the Distring ' jurator ', the Sheriff ought to return the names of all that were in the Venire facias; and if any of them be dead, he may return them Mortuus. And upon the Habeas corpora jurator ', as also upon the Distring ' jurator ', the Sheriff must return reasoble issues according to the Statute in that behalf. See hic cap. 90. 91. CHAP. 79. Return de Summons in vasto. PLegij de prosequendo. joh. Do. Rich. Roose. Summonitores infranom' I.S. I. W. W. C. Et ulterius ego A.B. armiger' vic' com' infrascript' Iustic' infrascript' certifico, Quod post summonit' praedict' scz. (tali die & Anno) infrascr' existent' die dominico immediate post divinum seruic' in ecclesia parochiali de B. infraspec'. Nulla praedicat' adtunc ibidem existente, apud maxim' usuale ostium ecclesiae parochialis illius, infra quam quidem parochiam tenementa infrascr' iacent & existunt, Proclamari feci summonit' praedict' secundum formam statuti in huiusmodi casu edit' & provis. A.B. armig' vic'. Note that first the Summons must be made upon the land wasted; and after the Sheriff must proclaim the Summons at the Church door of the parish where the land or house lieth; and then he must make his return of all as aforesaid, hic cap. 102. After the Summons &c. (if the defendant appeareth not) there shall go out an Attachment, and after that a Distringas: And after the Distress, upon the default of the defendant in not appearing, there shall go out a writ to the Sheriff to inquire of the waist, etc. Upon the Attachment, or Distringas, the Sheriff may return the defendant Nihil habet etc. upon which return also a writ shall go out to inquire of the waist. Also in waist at the Distringas, the Sheriff returned that the defendant was distrained, & returned two mainpernors, and for that the defendant appeared not, a writ went out to inquire of the waist, which being found the plaintiff recovered etc. And the defendant brought his writ of Deceit against the Sheriff, for returning that he was distrained, whereas he was not. In waste the Sheriff returned the name of the party in false Latin, johannes for johannem, yet the return allowed. Return' de breve ad inquirend' de vasto. Virtute istius brevis mihi directi. Ego A.B. armig' vic' come praed' (tali die & Anno) in propria persona mea accessi ad tenementa vastata, (or ad locum vastatum) in dicto brevi specific'. Et apud S. (scz. the Town or one of the Towns wherein the tenement, or place wasted lieth) feci inquisitionem etc. prout istud breve in se Exigit & requirit. A.B. armig' vic' Residuum executionis istius brevis patet in quadam Inquisitione huic brevi annex'. Inquisitio etc. Qui dicunt super sacrament' suum; Quod I. S. in dicto brevi nominat' fecit vastum (vendition') & destructionem in omnibus in eodem brevi specificat' (or in domibus & boscis predict, or in tenementis & terris in brevi praedict' specific') viz. in permittendo unam aulam pretij xl.s. duas Cameras pretij 3. l. & unum stabulum pretij xx. s. esse discoopertum pro defectu reparationum earundum domorum, per quod grossum maeremium (inde, or) earundum domorum per tempestates pluviales super illas discendentes devenerunt putrida & corrupta, etc. contra formam prouision' in eodem breve Content'. In cuius rei testimonium, etc. Inquisitio, etc. qui dicunt, Aliter. etc. quod I.S. in dicto brevi nominat', fecit vastù & destructionem in bosco in quo in brevi praed' fit mentio. viz. in bosco praedict' succidit xx. quercos pretij cuiuslibet, ij.s. partem inde vendend', & partem inde asportand' add exhaeredationem W. F. infranom', & contra formam provisionis in eodem brevi specific'. Et ulterius iurat' praed' super Sacram' suum, praedict' dicunt, Quod praedict' I.S. nullum maius (or nullum aliud neque plus) vastum (vendition' seu destruction') in bosco (or domibus) praedict' fecit, prout eis aliquo modo constare potest. In cuius rei testimon', etc. Note that in this writ to inquire of Waste, the Sheriff is made a judge of the cause, and therefore he must go in person to the place wasted, etc. to view the same waist. And though it be within a Franchise, yet he ought himself to enter the Franchise, and to go to the place wasted, and to execute this writ, and may nor return, Mandavi ballivo libertatis in any case. He must make enquiry of the Wast by a jury of twelve men. If the places wasted lie in several towns, yet he (together with the jury) must go to every town and to every place wasted, and to view the same (or at least he must cause the jury (or some of them) to go & see the waist in each town and place;) and then he may make his Enquiry in any one of the towns where the waist was committed or assigned; And his inquisition taken at one of the towns will serve for all. And he must make his return, Quod virtute brevis, etc. Accessit ad Tenementa (or loca) vastata, scz. to all the Towns in which the Wast was assigned, and at A. (being one of the towns) fecit Inquisitionem, etc. Wast committed in A.B. and C. the Sheriff must return, Quod accessiit ad Tenementa infrascripta. He may not return, Quod accessit ad villam, but ad locum. Where the Sheriff shall do his Office well in one town, and not in the other, a new writ must be awarded and and all enquired of de Novo, for all the Inquisition must be made at one time, and by one and the same jury. Also in such Inquisition the jury must find the waist in certain, and also the value thereof, (in every particular) scz. succidendo so many Okes, etc. ad valenc', etc. and yet they must find but the single value only. He must also in his return set down the certain day when the Inquisition was taken. In waist against two, the jury may find that the one of them made the Wast, and not the other, and so the Sheriff may return it. But in waist against two, of Tenements which they held for life of the lease of the Ancestor of the Plaintiff, the jury found that they held not the Tenements for life of the Lease of the Ancestor of the Plaintiff, and the Sheriff returned it accordingly, and was therefore amerced, scz. for taking such a verdict without warrant. The jury upon the writ to inquire of waist, may find that no waist is done, and the Sheriff may return it, if it be true: but otherwise it is if the wast be confessed by the Defendant. In waist against Tenant for years, the Plaintiff recovered the place wasted, and damages, and the Sheriff returned that no body came (of the part of the Plaintiff) to receive the seisin; and further, that the Defendant had no goods, etc. whereupon he could levy the damages; the return is good. But yet the Sheriff might have delivered the term to the Plaintiff, in execution for his damages. Upon a Writ to inquire of Waste, if the jury (after their charge) shall departed without giving any verdict, the Sheriff may return the same departure and contempt of the jury. Quaere if the Sheriff may not assess a Fine upon them for such their departure, & return the same. Now when the Sheriff hath made this his enquiry of the Wast, then must he return the Inquisition before the justices of the Common Pleas, and the single value of the Wast, and then the justices shall tax the waist, etc. Note that the Defendant is to answer for (and the jury are to find and value) as well the waste committed before the writ purchased, as the waist made after. Upon this Inquisition taken before the Sheriff, the Defendant may come and have his challenge to the Array, although that the Inquisition be taken by default. Upon a Nihil dicit in Waste, a Writ went out to the Sheriff, commanding him, Quoth in propria persona sua accedat ad terram vastatam, to inquire of the damages; here it is not needful that the Sheriff should go thither in person, for that is only to be done In vasto inquirendo. What the Sheriff may do in a writ of Estrepement in Waste, See hic Cap. 58. CHAP. 80. Retorn' de Withernam. VIrtute istius brevis, etc. Cepi duas vaecas de averijs infranom' I.S. ad valenc', etc. (or duas patellas aereas de bovis infranom' I.S.) Et ea W.B. infranom' deliberari feci in Withernam salve custodiend quousque praed I.S. Catalla praed' W. B. deliberare voluerit, prout istud breve in se exigit & requirit. Virtute, etc. Cepi in Withernam duas boviculas de averijs infranom' I.S. Quae averia duci feci ad H. in come praed' Salve & secure ibidem custodiend second exigentiam istius brevis. Aliter. Infranom' I.S. Nulla habet bona neque Catalla in balliva mea quae in Withernam capere possum, prout, etc. Nihil. Ne aliud habet in balliva mea ꝑ quod potest Attachiari; Nec est inventus in eadem. But quaere of these two last, scz. whether the Sheriff may attach the defendant without new process, or some special clause in this Writ. Also upon this Writ the Sheriff may return Tarde. And note that the beasts or goods taked in Withernam, the Sheriff may either deliver them to the Plaintiff to keep, or may keep them himself; or may drive or send them to any place within his County to be safely kept, quousque, etc. The Sheriff may return that he did not deliver the cattles to the Plaintiff, for that he was not in the Country. Though the Replevin be of pots or pans, etc. yet upon the Withernam the Sheriff may take any or other goods. The Sheriff may take goods or cattles, to the double value; yea the Sheriff may take in Withernam goods of any kind, of any number, and of any value reasonable in his discretion; or by the estimation of neighbours. Plus hic cap. 73. & 114. CHAP. 81. Retornes of Writs and Commissions out of the Chancery. VIrtute, Adiournament etc. Omnia brevia mihi deliberat' seu deliberand coram Iustic' infrascr' apud Westmon. in Octab. Sancti Hillar' returnabil' siue return' habeo coram Iustic' infrascr' apud W. die, etc. una cum omnibus Executionibus eorundum. Et ulterius ad Comit' meum tent' apud Cantabr' (tali die & anno) publice Proclam' feci, quod parts in eisden brevibus nominatis, dies suos coram Iustic' apud W. ad praefatum terminum conseruarent, prout istud breve, etc. Virtute, etc. Indictamentum illud unde in dicto breve fit mentio, Certiorari. (or omnia & singula Indictament' R.B. infranominati) unae cum omnibus idem Indictament' tangentibus, in Cancellaria dicti Domini Regis mitto in quadam schedula huic brevi Consut'. Retorn' de Proclam' extra Cancellar'. Virtute, etc. publice proclamari feci* infra ballivam meam quod infranon ' 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 inventus in balliva mea. * Or such Proclamations would be made in diverse several places, (and at diverse several times) within the same shire, and be returned accordingly. The Return of a Dedimus potestat ' to take the Oath of a Sheriff. Virtute istius brevis nobis directi (tali die & anno, etc. infrascr') recepimus Sacramentum infranom' A. B. vicecom' come C. de Officio illo bene & fideliter faciend iuxta formam cuiusdam schedulae praesentibus annexis prout interius nobis praecipitur, Ac prout istud breve in se Exigit & requirit. W. S. B. T. Commis. Retorn' Securitatis Pacis, sur, Supplicavit. Ego A.B. ar' vic' Com' infrascr' Domino Regi in Cancellar' sua certifico quod I.S. infranom', Nullam mihi invenit securitatem pacis de qua interius fit mentio, sed in prisona Domini Regis sub Custodia mea ad presens residet. Ego, Aliter. etc. mitto coram Domino Rege in Cancellar' suam tenorem securitatis pacis, de qua in dicto breve fit mentio; sub sigillo meo, prout istud breve in se exigit & requirit: Quae quidem securitas huic brevi est Consut'. Upon a Supplicavit directed to the Sheriff, and justices of Peace of that County, if it be delivered to the Sheriff, he only 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 do in every behalf according as the Writ directeth him. CHAP. 82. Return of Process out of the Exchequer. Retorn' de Capias, extra Scaccarium. Corpus. VIrtute istius brevis mihi directi Boronib', infrascriptis certifico, Quod Cepi corpus infranom' I. S. cuius corpus coram dictis Baronibus parat' habeo ad diem 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 breve exigit, etc. Aliter de terra Virtute, etc. certifico quod (tali die & anno infrascr') Caepi in manus Domini Regis infraspec' Manerium infrascr' cum ꝑtin', prout interius mihi praecipitur. Et si sit cum Inquisit' ꝓ annuali valore tunc breve praedictum returnab' est sic. Residuum Execution' istius brevis patet in quadam Inquisit' huic brevi annex. A.B. Armig ' vic'. Inquisitio Indent' Capta apud L. in come praed' (tali die & anno) coram A. B. ar' vic' Com' praed' virtut' brevis Domini Regis mihi directi & huic Inquis. annex' ꝑ Sacram' B. C. D. E. (etc. ad numerum xii. iurator') Qui dicunt super Sacram' suum, Quod, etc. (as the matter is.) Retorn' de Seisur' nomine District'. Virtute, Terre. etc. (tali die & anno) in manus Domini Regis seisivi (or Cepi) Maner' de B. infrascr' cum pertin' in S. in come infrascr' quod quidem Maner' est clari annui valor' in omnibus exitibus ultra repris. xx.l. de terris I.S. in schedula huic brevi annex' nominat. Ac Cepi etiam in manus eiusdem Domini Regis unum bovem pretij xx. s. nomine distriction', Boni. de bonis & Catallis I. S. in schedula praed' nominat', prout istud breve in se exigit & requirit. Vide hic cap. 56, how the Return shall be where he is sufficient. Nihil. Nullum tale maner', nec ulla terra seu tenementa cognit' per nomen de E. iac' in Com' C. unde distringere possum, Distring '. etc. Aliter. Infranom' I.S. nihil habet in manerio, terris & tenementis infrascript' per quod ipsum distringere possum, prout, etc. Aliter. Infranom' I.S. nihil habet in balliva mea, etc. Nec est inventus, etc. Aliter. Et ulterius Baron' infrascr' certifico, Quod nulli sunt execut' vel admin', bonorum & catallorum quae fuer' infranom' I.S. unde ipsos aut eorum aliquem distringere possum. Homage. Retorn' Brevis de respect' homage all Distringas. Manucaptores Infranominat. I.S. joh. Do. Rich. Roose. Exitus xx. s. (more or less, according to the value of the land.) Retorn' Brevis de Quis est tenens. Virtute, etc. certifico, Quis tenens. Quod W.B. & M. uxor eius sunt tenentes tertiae partis Manerij infrascr' in tres parts divisas, & C.A. M.A. & I.A. filiae I.A. defuncti sunt tenentes secundae partis manerij infrascript' in tres parts d●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. joh. Do. Rich. Roose. Retorn' quando aliquis ostendit Vic' Tallia. Tallia. Virtute, etc. certifico, Quod I.S. infranom', post receptionem istius Brevis mihi ostendit tallia sua, de solutione firmae suae interius specific': Ob quod praefixi ei diem essendi coram Baron' infrascript' add faciend' & recipiend super tallia praedict' iuxta tenorem huius brevis. Et ideo levatio summ' interius specific'. superseded prout mihi interius praecipitur. Retorna brevis per collect' decimae & quindecimae extra Scac'. That A. refused to be Collector of the Task, or to seal the Bond. See my book at large. That C. hath sealed a Bond for the Collection thereof, ibidem. Commorans in alio Comitat'. Infranom' I.L. est Vic' Com. E. Et est commorans in dicto Comitatu E, Et non est inventus in Balliva mea. De vendition' exponas. Baron' infrascr' certifico, Quod illa centum Oues in hoc breve specific', vendition' exponere non potui, eo quod adhuc remanet in manus infranom' E.L. nuper Vic' come Cantabr': & nunquam mihi praefat' nunc Vic' adhuc per praefatum, nuper Vic' deliber' fuer'. A.B. Armig ' Vic'. Aliter Virtute istius brevis mihi directi de die in diem vendit' exposui illa bona & catalla ad valenc' C.s. residuum de 8. li. quae nuper de bonis & catallis, terris & tenement' I.S. infranom' cepi, & inde vendidi ad valenc' 40. s. Quos quidem 40. s. ad diem & locum infracont' parat' habeo ad reddend', etc. prout interius mihi praecipitur. Et residuum bonor' & catallor' praed' adhuc penes me remanent inuendit' pro defectu emptorum. CHAP. 84. The Sheriffs Return upon a precept from justices of Peace, to Inquire of a Riot, or Forcible entry, etc. VIrtute istius Praecepti mihi directi venire feci coram justic, infrascriptis, ad diem & locum infracont. 24. probos, sufficientes, & legales homines de balliva mea, prout interius mihi praecipitur. Residuum executionis istius praecepti patet in quadam schedula huic warranto annex'. A.B. Armig ' Vic'. Cantabr. Nomina Iurator' add inquirend' pro Domino Rege de quibusdam ill citis aggregationibus & riottis, Schedula. etc. apud Abb ' magna commissis, Summon' add essend. coram Iustic' Domini Regis apud Linton in Comit' praed', (tali die & anno) secund' exigenc' cuiusdam warranti huic schedulae annex'. And then underneath write down the names of the twenty four thus: Et sic de caeteris, ad vumerum 24. T.B. de Lynton. R.B. de eadem. I.P. de H. Quilibet Iurator' praedict' separatim per se attachiatus est per pleg' joh. Do. Rich. Roose. Exitus eorum cuiuslibet xx. s. A.B. Arm' Vic'. CHAP. 85. Return of juries. IVries are of two sorts, scz. for Enquiry, or Trial. For Enquiry, For Inquirie. the Sheriff upon the precept of the justices, is to summon, and to return the grand juries to the Assizes or Gaol delivery, and to the Quarter Sessions, etc. Hic ca 46, 47. He is likewise to summon and return juries (for Enquiry) before the justices of peace at their private Sessions (hic cap. 84.) as also before other commissioners, & before Escheators, & Coroners, and Clerks of the Markets, upon their several Precepts directed to him for that purpose. Hic Cap. 83. & 100 juries' for trial For Trial. (between party and party) the Sheriff likewise upon the King's writ is to summon them, and to return the panel of their names, at the day and place in the Writ limited, together with the Writ. And for these juries for trials, the Sheriff ought to make their Panels so, as that the parties may have Copies thereof before their trial. And these copies of Pannells shall be indented and delivered to the parties (upon demand) before the sitting of the justices. Bailiffs of Liberties must return (to the Sheriff,) the names of persons by them impanelled, eight days before the Assizes, etc. The Sheriff is to summon, (warn, or distreme) all such persons as he mindeth to return upon any jury (either for enquiry, or trial:) And if the Sheriff shall return any juror not lawfully summoned, etc. the Sheriff is punishable. So if the Sheriff shall summon, etc. any juror, and shall not return him, he is punishable. None are to be put upon any jury, but such only as were summoned to the same at the first. And yet Pannells returned before justices of Gaol delivery, or before justices of Peace (in their open Sessions) for Enquiry, may be reform by the justices; And the Sheriff ought to return the Panels so reform. And so of Panels for trial, upon a Tales de Circumstantibus, granted by the justices, etc. Also jurors (aswell for Enquiry, as fortriall) shall be returned by the Sheriff without any denomination of any person whatsoever, other than the Sheriffs sworn Officers, etc. And the High Sheriff by his oath must make the Panels himself. Now what manner of persons jurors for Trials shall be. 1 First they must be Probi, & Legales homines. Probi, scz. such as are not discredited (or disabled in their credits) in law, by attainder, in conspiracy, in attaint, Decies tantum, perjury, subornation of perjury, concealment, or such like. Legales, scz. such as are not utlawed, abjured, condemned in a Praemunire, or attainted of treason or felony. 2 They must be such as are neighbours, sufficient, not suspected, nor laboured. 3. They must also be Liberi, scz. Freeholders: Except where an Alien is a party (there the one half of the Enquest shall be of Aliens, though they have no land) or in some few other cases. But the Sheriff ought not to return upon any jury, any Baron of the Parliament. Nor any of the Clergy, though they have Lay fee. Nor tenants in ancient Demesne; except they have other lands. Nor Officers of the Forest. Nor any of the Coroners of the County. Nor any of the Officers, or servants belonging to any Sheriff, Undersheriff, Coroner, Steward of Franchise, or Jailer. Nor any person being above the age of lxx. Nor any person decrepit. Nor any persons diseased at the time of their Summons. Nor any Enfant under the age of xxj. Nor any person dwelling out of the County. Nor any person having a Charter of Exemption, if he shall show the same to the Sheriff. Nor any Alien, except where an Alien is party to the suit. Nor any person which is of kindred to either party, Plaintiff, or defendant. Nor he which is a servant, or hath a yearly fee of either party. Nor he which is within the distress of either party. Nor he which maintaineth either party in the same suit. Where a Peer of the Realm is party to the action, there must be two Knights (at the least) returned of the Iury. Also upon trial of any issue, the Sheriff must return in every Pannell (upon the venire fac '.) Six Hundredors', scz. Six sufficient persons of the Hundred where the land in controversy lieth, or where the fact is supposed to be done. The Sheriff shall return no juror without a true Addition Addition. of his dwelling place: or some other Addition by which he may be known. And bailiffs of Liberties shall deliver (unto the Sheriff) under their hands, the names of all such persons within their Liberty, as are meet to be jurors, with the true addition of their dwelling place: and the Sheriff must return it accordingly. jurors for Enquiry, ought also to be Probi, & Legales. CHAP. 86. jurors their number. Upon every Venire facias, for the impannelling of a jury, the Sheriff must return 24. neither more nor less. In a Writ of Attaint, the jury (called the Grand jury) must be 24. And the Sheriff must return but so many. Hic cap. 51. And in all other actions, trials, or inquiries, the Sheriff upon any Writ or precept directed to him for returning of a jury, he is to impannell and return xxiv, The jury in a Writ of Right (called the Grand Assize) must be of four Knights (or of others in default of Knights) summoned and returned by the Sheriff, which 4. Knights, etc. are to choose a jury of xii. unto them (and so in all here must be xuj.) all which are to be summoned by the Sheriff, upon a writ to him directed, and their names to be returned. At every Gaol delivery, and Sessions of the Peace, the Sheriff is to return 24. jurors for enquiry, out of every Hundred; besides 24. for the body of the County, hic cap. 46. & 47. Upon a Precept to the Sheriff from justices of Peace, out of their Sessions, to return before them a jury to inquire of any riot, or forcible Entry, the Sheriff must return 24. But upon issue joined upon prescription of Common in a great waist lying in two Counties, and a trial awarded de Vtroque Comitatu, if in each Pannell twelve only be returned, it seems to be good. juries' for enquiry in the Sheriffs Turn, shall be of twelve at the least. And so in all Inquiries made (or Inquisition taken) by the Sheriff, Escheator, or other commissioner, the same aught to be by 12. jurors at the least. And so of Trials in the County Court by a justicies, the same aught to be by twelve men. Note that where several Indictments are preferred against diverse several prisoners, the Sheriff may return one and the same jury two or three several times, to try those prisoners, so as the evidence against all the prisoners be delivered all at one time. No Sheriff or other Officer, shall take any reward (or promise of reward) for sparing, not warning, or not returning of any juror, for trial of any issue, sub poena 5. li. The Sheriff is to add and annex to his Pannell, the names of such persons as shall be impanelled upon the Tales. Note that there may be many Tales one after another, till the jury be full; as a Decem Tales, Octo Tales, etc. Sex Tales, etc. But every Tales must be of a less number than the former. And every Tales must be of fewer than the principal Pannell (except in Indictments and Appeals that touch life.) And every Tales must be of an even number. And they must be others of the same sort that the principal Pannell were of. Although the writ be Venire facias xii. liberos & legales homines, yet if the Sheriff shall return the names of twelve only, he shall be amerced. And if he shall return twenty three, and twelve of them shall appear, and give their verdict, yet it is erroneous. CHAP. 87. The sufficiency of jurors. BY a statute made 21. Ed. 1. and yet in force, every juror for trial of any matter within the county, must have in freehold per annum— 40. s. Every juror for trial of any matter out of their County, must have in freehold per annum at least— u.li. Now it is to be observed that forty s. in those days, doth make at this present, at the least six pounds of our money; and therefore for the returning of more sufficient jurors for trials, by later Statutes it is now enacted that where formerly they ought to have forty shillings per annum, Now the Venire facias, shall have this clause Quorum quilibet habeat 4. li. per annum, ad minus. And upon such a Venire facias the Sheriff shall return no person, unless he may spend 4. li. per annum, of Freehold within the county, and out of Ancient Demesne. And where that clause is left out of the Venire facias, (scz. quorum quilibet habeat 4. li.) there the Sheriff may return such as have any Freehold within the County where the Issue is to be tried. But these last Statutes extends not to any jurors to be returned in any city or town corporate, or in Wales. Again, no person shall pass in any Enquest touching life, nor in any plea real or personal, whereof the debt or damages declared, amounts to forty Marks, except such person have forty shillings in land per annum, so that they be challenged for that cause, etc. But where any Alien is a party, one half of the Enquest shall be Aliens, though they have not 40. s. per annum. In writs of Attaint the Sheriff is to return upon the grand jury more sufficient men, scz. if it be in plea of lands, or for deeds concerning Lands of forty shillings per annum: or in any Action personal of forty pounds or more, every of the grand jury must have in freehold lands per annum twenty marks at the least. See hic cap. 51. Every juror returned before justices of Peace to inquire of any forcible Entry, etc. must have 40. s. freehold ꝑ annum. Every juror returned before justices of Peace to inquire of any Riot, etc. must have xx. s. freehold ꝑ annum: or in Copyhold xxuj. s. viii. d. per annum. Upon a Commission to inquire of the default of justices of Peace and Sheriffs in not executing the Statutes made for suppressing of Riots, such jurors only shall be returned as have xx. pounds' ꝑ annum at the least. Every juror returned before justices of Peace, to inquire of concealments of other Inquests, must have 40. s. per annum. Every juror returned before Escheators or Commissioners, to inquire of any lands, must have 40. s. freehold ꝑ annum. Every juror impanelled in the Sheriffs Turn, must have xx. s. freehold ꝑ annum: or in Copyhold xxuj. s. viii. d. For the sufficiency of jurors in Lancashiere, Wales, London, and corporate towns. See the Statutes. Note that Tenant for life, yielding a rent, with a clause of Reentry for Non payment, is no sufficient freeholder to be sworn of a jury, his estate being so defeasible. A Lease is made to B. for years, the Remainder to C. in fee, here C. may pass upon a jury for this freehold. B. maketh a Lease for x. years, absque aliquo reddendo, here B. is a sufficient freeholder to pass upon a jury, for his freehold remaining. Plus hic cap. 92. Note that it is needful for the Sheriff to have a book containing the names of all the Freeholders within his County, and their sufficiencies, that so he may not only make the Pannells according to his oath; but may also know their sufficiency to be sureties or Pledges, etc. for others. And besides if they return any juror in issues which is not sufficient, the Sheriff may be enforced to pay their issues for them. CHAP. 89. Return of issues upon the defendant or tenant. THe Sheriff stands bound (by his oath) to set, and to return reasonable and due issues upon all such as be within his County (scz. upon the tenants or defendants) which have such lands or goods after their estate, to the end they may the rather appear. And the tenant or defendant making default of appearance (after the first attachment returned) scz. upon the Distringas, shall lose and forfeit issues to the King. If the Sheriff shall set and return too small issues upon the tenant or defendant, he is punishable. When the tenant or defendant is distreined for such issues, it seemeth that the Sheriff ought to deliver them to the Mainpernors or Manucaptors, and if the party maketh default at his day, the Sheriff shall answer for those issues in the Exchequer by the Estreates thereof made; and the Mainpernors shall be answerable therefore to the Sheriff. Under the name of Issues are contained, The profits of the lands, Quid. and the goods of the party. 1 The profits of the lands, scz. his rents and corn growing. But yet for rend, the Sheriff needeth not to return that for issues, except they be then due. And for corn growing; the Sheriff must be wary in returning them for issues, for that they may be lost or spoiled before they be carried. 2 Goods, scz. Corn in the barn, and all movables (except apparel, householdstuff, horses and their harness.) And by the Stat. the Sheriff ought to return in issues upon every defendant or tenant, Quantum. so much as may arise of the profits of their lands within that County from the day of the Teste of the writ, until the day of the return thereof, and the value of his goods (except ut supra.) But it seemeth that this Law is not now much in use, whereby (as Master Fitzh. saith) great inconvenience ariseth, & besides it is a breach of the Sheriffs oath. Otherwise at this day the Sheriff need to return but reasonable issues: But be they never so great, they be forfeit upon his default, and the party hath no remedy; and the Sheriff shall be chargeable therewith being estreated. See hic cap. 11. Note that with these issues the land is chargeable into whose hands soever it come after. See hic cap. 11. CHAP. 90. What Issues the Sheriff must return upon jurors. BY the Common Law the Sheriff was to returns no Issues upon a Venire fac' jurator ': Hic cap. 78. Neither was it used to return any great Issues upon the Habeas corpor ', or Distring ' jurator '. But for the more expedition of justice, and more speedy trial of issues (by jurors) and in some cases of Enquiry, there have been diverse statutes made as followeth. 1 Upon every first writ of Habeas corpora, or Distring. Iurat' &c. to try any issue, the Sheriff shall return in issues upon every person impanelled and returned x. s. at the least. And upon the second writ xx. s. And upon the third writ xxx. s. etc. Sub poena V li. 2 In actions of Attaint the sheriff shall return in issues upon every juror at the first Distring. forty shillings at the least, at the second Distring. five pounds. And the double upon every other Distress, Sub poena xx. li. 3 Upon every precept from justices of peace to inquire of a forcible Entry, or Riot, etc. the sheriff shall return upon every juror in issues at the first precept (or day) twenty shillings, And at the second day forty shillings. And in cases of a Forcible Entry or Deteiner, at the third day C. s. and at every day after double. Sub poena xx. li. 4 Upon a Commission to inquire of the defaults of justices of peace and Sheriffs, in not executing the Statutes made for the suppressing of Riots, there shall be returned in issues upon every juror, at the first day twenty s. at the second day forty shillings, at the third day C. s. and at every day after, the double. Sub poena 40. li. 5 Upon an Information upon the Statute of Liveries, the sheriff shall return in issues at the first day twenty shillings, At the second day thirty shillings, At the third day forty shillings. and at every day after for every time to increase them ten shillings. What issues shall be returned upon jurors in London, see the Statutes, 11. H. 7. 21. 4. H. 8. 3. & 5. H. 8. cap. 5. What issues shall be returned upon jurors in Wales, or in other Cities, or Corporate Towns, See 27. El. ca 6. If the Sheriff shall return any juror in issues which is not sufficient, (or hath no land) the Sheriff shall pay those issues himself. If the Sheriff shall return any issues upon any juror which was not lawfully summoned or distreyned, the Sheriff shall forfeit double so much as the said issues returned. Plus hic cap. 11. No Sheriff shall levy any issues, other than such as are estreated to him under the seal of the Exchequer. See hic cap. 13. & 125. And these Estreats shall express the cause of the loss or forfeiture, the term, year, nature of the Writ or Action, and betwixt what parties the Issues, fines, and amerciaments be lost, and the Sheriff in his warrants to his Bailifeses, must also express the cause of the forfeiture. No estreat of Issues against any juror, shall be delivered, received, or put in ure, without such addition as is put in the original Pannell; and no Sheriff, etc. shall collect any issues so estreated, but of the right party, chargeable by the Estreat. And note that all the King's courts, justices, Commissioners, and others, shall deliver into the Exchequer (at Michaelmas yearly) their estreats of fines and amerciaments, assessed or taxed before them, and of all issues, etc. and from thence they shall make Process against the parties, to answer and satisfy the same. Note also that these issues returned upon the Tenant or Defendant, and upon jurors, and lost by them in respect of Non appearance, and estreated as aforesaid, shall be levied by the Sheriff as forfeit to the King. CHAP. 91. ALl the lands which the juror had at the time of the Vinire facias, served upon him, shall be liable to his issues, etc. If the land which the juror had be recovered from him; or that he had the same land but for another man's life who is dead; then the Sheriff must return this special matter, Et sic nihil habet: otherwise the Sheriff cannot return Nihil, where Issues were returned by him before, nor upon the Distringas juratores, Hic cap. 78. Plus hic cap. 11. that the Issues may be levied upon the heir, successor, purchasor, wife, farmer, etc. CHAP. 92. The choosing and returning of Knights, etc. for the Parliament. AFter the Sheriff hath received the Writ for Summons of the Parliament, and election of the Knights, etc. before the next County court, the Sheriff must make out his Warrants to his Bailiffs (of every Hundred) commanding them to summon or warn the Freeholders within their several Bayliwickes', to be at the next County, and there to make choice of their Knights, etc. Or else the Sheriff (after the receipt of that writ) at some Quarter Sessions of the Peace, or other general meeting of the country, may give public notice thereof to the Freeholders. Mes si le Vic' done nul notice, ou Summons all Freeholders' sirrah mischievous, Et uncore semble nul remedy done. And at the next county, & in full county, Proclamation shall be made by the Sheriff, 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 be written in a pair of Indentures to be made between the Sheriff of the one part, and some of the Freeholders, being choosers, of the other part: unto which Indentures the Sheriff and the Choosers shall interchangeably set their Scales, and that part of the Indentures sealed by the Choosers, shall be tacked to, and returned (by the Sheriff) with the said writ. These Knights ought to be chosen of persons resiant within the Shire; and must be Knights indeed, or else Gentlemen able to be Knights. But no Sheriff or Mayor ought to be chosen. Also persons attainted of treason or felony, ought not to be chosen knights for the Parliament. Nor any person that is outlawed. Nor any person in prison upon an Execution. Neither ought any such person to be chosen a Burgess for the Parliament. And yet it any such person shall be chosen thereto, the Sheriff ought to return their names. The choosers of Knights for the Parliament ought to be only of such persons as be dwelling within the same Shire, and such as have forty 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 voice in the election of these Knights, within the Counties where they dwelled, but now they are restrained (by Statute) to such only as have freehold lands or Tenements to the value of forty shillings by the year, above all charges. By which words, Lands and Tenements, you must understand, First, he which hath no other Freehold but the Aduowson or gift of a Church, he thereby can be no chooser, etc. He which hath no other freehold than common of Pasture, can be no chooser, &c, though that be of the value of forty shillings per annum. But a freehold house, or land worth thirty shillings per annum, and a common of pasture appendent, (worth twenty shillings per annum,) belonging to the same house, is holden to be a sufficient Freehold. Otherwise of a house new erected, or erected within time of memory; for that common must be by prescription, except such house be worth forty shillings per annum, besides the Common. A. having forty pounds per annum, letteth the same to another for life, reserving no rent, or but twenty shillings or thirty shillings rend per annum, this seemeth no sufficiency of freehold to A. during the term. But if A. letteth such his estate to another for years, (though for diverse years, reserving only twenty shillings per annum, (or absque aliquo reddendo) yet here he may be a chooser, etc. for the freehold which is in him. So if lands worth forty shillings per annum, be let for years, the remainder to A. in Fee simple or Fee tail, here A. may be a chooser, etc. for the Freehold which is in him. If a man hath forty shillings rend per annum, or one annuity of forty shillings per annum, (issuing out of lands) during his life, this is sufficiency of freehold to be a chooser, etc. And this forty shillings per annum, must also be certain, and not by reason of the gain of an Orchard, Garden, or other thing which is casual, and not certain, for that is no sufficiency. If a man hath a freehold estate of lands or tenements in the right of his wife, of the yearly value of forty shillings, it is sufficient. If a man hath free warren of coneys, the which communibus annis is worth forty shillings per annum, this is sufficient. If a man maketh forty shillings per annum of his woodsales, Cole-mines, Tithes impropriate, or the like, being his Freehold, these are sufficiency of Freehold. Clergy men for their Spiritual Live, are holden to have no voices in the election of these Knights. Quaere. Fellows of Colleges in the Universities, are holden to have no voices in this election of Knights, for or by reason of their chambers or other avails in their Colleges. And Gentlemen of the Inns of Court or Chancery are to have no voices therein, by reason of their chambers there. Note that the Sheriff may examine upon oath every such chooser, how much Freehold he may expend per annum. The election of these Knights must be made in the full county Court, & between the hours of eight & 11. in the forenoon, and only by such Freeholders as be then present in the County Court. And the Sheriff is to return such Knights as have the greatest number of voices, of such choosers and freeholders. This return of the Sheriff must be made by Indentures, sealed by the Sheriff of the one part, and by the choosers of the other part. The form of which Indentures you may see in my Book at large, cap. 92. If the election be made in full County, and between the hours aforesaid, the Sheriff may seal his Indentures, and make his Return afterwards, and in another place. Also this election of Knights (as also of Burgesses) may be by voices, or holding up of hands, etc. or by any other way whereby it may be discerned who hath the greater number. Burgesses. The Sheriff also upon receipt of the said Writ for summons of the Parliament, ought presently to make out his Precepts (under the Seal of his office) to every Mayor and bailiff, etc. of Cities and Burroughs within his County, commanding them to choose their citizens and Burgesses for the Parliament. Those Majors and Bailiffs, etc. must make a return of that Precept, and of their Election, (scz. of their names) to the Sheriff by Indentures, & the sheriff must seal one part of those Indentures, and the other part sealed by the Mayor, etc. the Sheriff must certify, and return also with the Writ. If any Sheriff shall be negligent in making his return of this Writ, or shall leave out of his said return any City or Burrow which ought to come to the Parliament, he shall forfeit an hundred pounds, and have one years imprisonment. If the Sheriff shall do any thing contrary to the Statutes, either concerning the due election, or returning of these Knights and Burgesses, he shall forfeit to the King an hundred pounds, and to the party not duly returned, C. l. and have one years imprisonment. These citizens and Burgesses of cities and Burroughs, aught to be chosen of persons dwelling and free in the same Cities and Burroughs, and none other in any wise. Tamen aliter in usu. Also the Sheriff after he hath received a Writ for the levying of the expenses of these Knights, at their next County Court are to make Proclamation, That all Coroners, chief Constables, Bailiffs, and others (which will,) be present at the next County Court after, to ass sse the fees or wages of the Knights, etc. At this assessment the Sheriff (or Undersheriff) ought to be in person, (with the Coroners and Constables) to assess the wages. And the Sheriff in the presence of them that come, in the full County, shall assess every Hundred to a certain sum by itself, (so that the whole sum of all the Hundreds do not exceed the sum due, etc.) Also the Sheriff, etc. shall then also assess every village, etc. to a certain sum, so that the sum of the towns exceed not the sum assessed upon the Hundred of which they be, sub poena thirty pounds. Every Knight of the shire is to have thirteen shillings four pence by the day to be paid by the County. If any Sheriff shall levy more than shall be due, or shall not speedily levy so much as shall be due; or shall not deliver the same to the Knights, according to the said Writ, he shall forfeit xxx.l. etc. The Sheriff may distrain for the moneys so assessed, and he may distrein the whole Herd (of Cattles) of the Town, or the goods of any particular man of the town, for these moneys. Also the sheriff my sell the distresses so taken. Note that the Sheriff shall assess no Village or place hereunto, but such as anciently have been chargeable. Also the freeholders & tenants of such Lords, etc. as come to the Parliament, are not to be assessed for their lands held of such Lords, except by prescription. Also Burrough towns which send Burgesses to the Parliament, shall not pay or contribute to these wages, except it be by Prescription. Lords, and Tenants in Ancient Demesne shall be acquitted of payments to these expenses, for such their land, etc. Also Copiehold lands are not chargeable to these expenses. CHAP. 93. The Sheriffs duty in executing the writ of Redisseisin. Redisseisin. Upon this writ, the Sheriff is first to summon the disseisor, and the ter-tenant, to be before him at such time when he makes this his Inquisition. But the summoning of the ter-tenant seemeth only to be, for him to give in evidence. The Sheriff in this business is made a judge, and therefore he must in person go unto the lands or tenements whereof 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 upon the land etc. Or at least he must cause the jury to go see the lands etc. And then to hold plea of the matter. He must have the assistance of 2. Coroners (at the least) to sit with him at the taking of the Inquisition. And these Coroners should join with the Sheriff, in making up of the Record; But the Sheriff is only judge herein. The Sheriff at his Inquisition must also have with him certain Knights, or other lawful men, being neighbours dwelling near unto the lands etc. And before them, and the Coroners, the Sheriff 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 be made, by two of the first jurors (at the least) & by so many other neighbours as shall make up a full Iury. Although all the first jurors be living, yet the Sheriff must take two (at the least) other new jurors to be of this Enquiry. Also the first jurours which must serve upon this Enquiry, must be of such as did pass upon the principal action, and not such as passed upon the Enquiry for damages. The Sheriff may not suffer the party to have his challenge to any of the first jurors: But he may have his challenge to the other jurors; but not to the Array. The Sheriff herein hath no power to try any Plea, out of the point of Redisseisin; Nor to suffer or accept of any foreign plea: Neither shall he suffer the disseisour to plead any feoffement or release; Nor that he hath paid a fine, etc. If upon this Enquiry it be found that the plaintiff is redisseised (or disseised again) then the Sheriff must presently commit such disseisor to prison, there to remain without bail until he shall pay a fine to the King. And further until he shall be discharged of his imprisonment, by the judgement of the King's court, and by a special writ reciting that he hath paid his fine to the King, etc. The Sheriff shall receive no Attorney for either party, without the kings writ (whether the Lord hath Cognusance in an assize) etc. yet the sheriff shall enter the Franchise, and make execution of this Writ, but the Sheriff shall there write his precept to the bailiff of the Franchise to return the Iury. Upon the Redisseisin found by the Inquisition, the Sheriff also must make a record thereof, and make return thereof. And in this (Record and) Return, the Sheriff must show or return that he hath made his Inquisition, etc. in the presence of such Coroners. etc. by so many of the first jurors, and by others, etc. He must also return Quod accessit ad locum, or Tent' a infrascipt ' & not accessit ad villam: but he may return Quod apud S. (being the town where the land lieth) fecit Inquisitionem, etc. And this Inquisition must be returned under the Seals of the Sheriff, and of the jurors: but the seals of the Coroners seems not to be needful. CHAP. 94. Where the sheriff may break open an house, to execute the King's Writ, etc. 1. Wheresoever the King is a party, or hath any interest in the business, as for the apprehending of any person for Treason, felony, or suspicion of felony, the Officer may break open the doors. So where one hath dangerously hurt another, and then flieth into an house, but here fresh suit must be made, quaere. So where an affray is made in an house, and the doors shut. So upon a warrant for the peace, or good behaviour. So upon a warrant for justices of Peace, to reseise a house, and restore the p●rty put out, where a forcible Entry, or deteyner, was found by Inquisition before the said justices. So upon Process for the apprehending of any Popish Recusant, being excommunicated. See plus my Country justice. cap. 78. So upon a Capias utlagatum. So upon a Capias pro fine. And yet the Sheriff cannot break open a door, or a gate, etc. to distreme for the King's rent; nor to levy any fine, amerciament, issues, debts, or other such duties due to the King, except he hath the King's Writ, etc. 2 Upon a Commission of rebellion out of the Chancery, the Sheriff may break open the doors or house to apprehend the party. But quaere, if upon an Attachment, or upon an Injunction, they being the suit of the party. 3 Upon an Habere facias seisinam, or possessionem, the Sheriff may break the house, and deliver seisin, etc. yea the Sheriff ought to execute this Writ, although that an estranger bee lawfully seized of the house or land, etc. 4 In Execution of the Commission of Bankrupts, by warrant under the hands and seals of the said Commissioners, the Sheriff may break open the houses, chambers, shops, doors, or chests, etc. of the Bankrupt, wherein any of his goods be, or shall be reputed to be, and to seize upon the body and goods, etc. 5 To deliver cattles impounded, etc. in a Castle, Fort, or House, etc. See hic cap. 114. 6 Also where one being under arrest, upon an Execution (or otherwise) shall escape into an house, upon pursuit the Officer may break open the house to take his prisoner again. 7 So wheresoever the Officer hath once lawfully entered the house (or into one room) he may break open any other room there, upon refusal to let him go in. 8 If the door be open, and the Officer cometh to the house and showeth the King's Process, and offereth to enter to execute the same, and then the doors be shut against the Officer, here the Officer may break open the house, etc. for that here he had lawfully begun to execute his Process. 9 Where the Officer hath once lawfully entered an house to make execution of his Process, the door being open and then the door is shut, and so the Officer is detained prisoner in the house, the Sheriff is to deliver his Officer may break open the house. B●t where the outward door is shut before the coming of the Officer, there he cannot justify the breaking open of the house or door, to execute any Process upon the body or goods of any person at the suit of any subject for any debt, damages, or the like. And yet in all cases if the outward door be open, the Officer may enter and make execution of any Process, at the suit of any Subject: otherwise if the door be shut, though only latched. But note wheresoever the Sheriff may break open an house, yet first he ought to make request to have the door opened; and withal he must signify the cause of his coming. Also he may not break open the house or doors, ●here he may enter otherwise. But the Law giveth no colour in any case to break open a man's house by night, except only for the apprehending of traitors or felons. Neither shall any man's house privilege or protect any stranger, for their body or goods (to prevent the King's Process) Vide et Nota. Upon a Fieri facias, the Sheriff breaketh open a door, or a chest to take goods in Execution, an action lieth against him for breaking thereof. CHAP. 95. Where the sheriff may take Posse Comitatus. THe Sheriff and his Officers may take the power of the County, as well for the safeguard of their persons, as to execute the King's Process or Writ (be it a Writ of Execution, Replevin, Capias, etc. or any other Writ) and such as shall not assist the Sheriff and his Officers therein, being required, shall pay a fine to the King. The Sheriff also may take Posse Comitatus, to execute the precept of the justices of peace; as in case of a forcible entry, etc. to make restitution, etc. Also when any of the King's enemies shall invade the land, the Sheriff in defence of the Realm, may take Posse Comitatus, hic cap. 1. So when any rebellion or riot, etc. shall he, hic cap. 4. So to apprehend traitors or felons, hic cap. 4. So where the Sheriff findeth any resistance in the execution of his Office. Hic cap. 36.58. & 63. Note that the Sheriff or his Officers may take the power of the County by force of the Common Law. And in all cases where the Sheriff, etc. may take Posse Comitatus, there he may command the aid and attendance of all persons within his County, that are able to travel, and be above the age of 15. years. And in such cases it is referred to the discretion of the Sheriff, what number he will have with him, and how and in what manner armed, The Undersheriff, as also the Sheriffs bailiff, or servant (having the Sheriffs warrant) have the same authority to take Posse Comitatus in every behalf. The Sheriffs bailiff to execute a Replevin, took with him three hundred men armed, modo guerrino, (scz. with guns, etc.) and it was holden lawful. But the Bailiff in such cases must be a known bailiff, and must have the Sheriffs warrant to do this. CHAP. 96. Bailement of Prisoners. IF the Sheriff shall detain any prisoner which is bailable, after sufficient sureties offered, the Sheriff shall be punished. If the Sheriff shall bail any person which is not by him bailable, he shall be punishable to the King and party grieved: And if the prisoner were in for felony, and the Sheriff bayleth and delivereth him, this is felony in the Sheriff, except it be by virtue of the King's special Writ. But Sheriffs (and their Officers) ought to let to bail all manner of persons, by any of them arrested, or being in their custody by force of any Writ, Bill, or Warrant, in any Action personal; or upon any Indictment of Trespass, upon sufficient sureties offered to appear at the day and place where and when the same Writ, etc. are returnable. And yet Sheriffs may not bail any person in any of these seven cases following, scz. such as are in their custody, 1 By condemnation upon any judgement. 2 Upon a Capias ad satisfaciendum or other Execution. 3 Upon a Capias excommunicatum. 4 Upon a Capias utlagatum. 5 For surety of the Peace. 6 By commandment of any justice. 7 Nor Vagabonds or idle persons refusing to serve. Neither shall the Sheriff bail any person or prisoner taken for any manner of treason or felony. And yet a prisoner in the Gaol for felony, may by the Sheriff be bailed, upon the King's special Writ of Mainprize. Also persons committed upon an Indictment for Trespass, or other like offence, before justices of peace, the Sheriff may bail them, binding them to the next Sessions, etc. Now wheresoever the prisoner is bailable, thereafter the Arrest, the officer ought to take sureties by obligation Obligation. for the appearance of his prisoner. In the forms of such obligations, these three things are to be observed, otherwise the obligation will be void. 1 The bond must be made to the High-sherife only (or to his use) and to none other person. 2 It must be made to him by the name of Sheriff. 3 There must nothing be put into the condition of the bond, but only that the defendant shall appear at the day and place in the Writ specified, & to do as the Writ requireth. A bond made to any person for the enlargement of a prisoner, save only to the Sheriff, is void. A bond made to the Sheriff 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 save harmless, to yield his body prisoner, to be true prisoner, to pay money charges or fees, or for meat or drink, or for any other ●h●ng, than only for appearance of the prisoner is void. A verbal promise or assumpsit in such cases, is void. Also it is safe for the Sheriff, that the the party bailed be bound with two sureties, having sufficient within that County. 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 Sheriff or Officer. But bonds taken by the Sheriff of the defendant, being neither in prison, nor arrested, with condition to pay the money recovered in Court, or to pay it to the Sheriff, seemeth good. The Sheriff levieth goods upon a Fieri fac ', and then sells them to the party, and taketh his bond for the money, this is good. So if the Sheriff taketh Bond for the payment of money due to the King, upon an Estreat out of the Exchequer, it is good. So if the Sheriff attacheth goods, and taketh bonds for them. And it seemeth that the Statute of 23. H. 6 doth make void only Obligations made by prisoners or persons arrested, (or made by any other) for the enlargement of the prisoner, or person arrested. CHAP. 97. The form of a Bond for appearance NOuerint universi per praesentes nos B.C. de, &c: E. F. de, etc. & G.H. de, etc. teneri & firmiter obligari A.B. Armig ', Vicecom' come praed, in xl. l. etc. soluend eidem Vice comiti aut suocerto attornato, execut' siue administ ' suis, ad quam quidem solutionem, etc. (as in other Bonds) A Condition for appearance. The Condition of this present Obligation is such, That if the above bounden B.C. do appear coram, etc. (according to the Writ) to answer to I.D. in a plea of Debt, (or Trespass, as the Writ is) That then, etc. Sealed and delivered to the use of the above named Sheriff, in the presence of A.R. and T.S. A Condition to appear in the Star-chamber. The Condition of this present Obligation is such, That if the within bounden I.S. do personally appear before the King's Majesty, and his most honourable Council, in the Court of Star-chamber at Westminster (such a day) and so from day to day, and not to departed without licence of the said Court, That then, etc. A Condition for appearance at the Sessions. Conditio, etc. Quod si infra obligatus I.S. in propria persona sua compareat ad proxim' Session' Iustic' Pacis in come C. post Festum, etc. proxime futur' tenend, ad respond Domino Regi de diversis offensis unde indictatus est: Quod tunc, etc. A Condition to appear in the Common place upon an Exigent. Conditio, etc. Quod si I. S. de, etc. 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 second formam, vim, & effectum cuiusdam brevis de exigend infranom' Vicecom' direct'. Quod tunc, etc. CHAP. 98. Their attendance upon the judges of Assize, etc. 1 Upon a Precept from the judges of Assize, etc. the Sheriff is to summon the Assizes, etc. and to return the same. 2 The High-Sherife is personally to attend upon the judges in their Circuits, for the executing of their Precepts and Commandments, and to take charge of all prisoners in the Gaol, and for the execution of Felons condemned to die, (which sentence he must see executed) and for inflicting punishment upon other offenders, according to his office. 3 He is to make and deliver (at every Assizes) to the said judges, a Calendar of the names of all the prisoners which are or were in their custody for Felony, (or otherwise) with the cause of their commitment, and by whom they were committed, and by whom any are bailed, sub poena v. l. And withal, the Sheriff is to make and to deliver to the said judges, a Calendar of the names of all the justices of peace, Coroners, Stewards, or Bailiffs of Liberties, and Bailiffs of Hundreds, Also all Bailiffs, and other Ministers of any Franchise, etc. must be attendant to the judges of Assize, etc. And the judges of Assize may fine the High-Sherife, & other the said Officers, if they fail either in their attendance, or for any other negligence, misbehaviour, or misdemeanour in their office, before them. The justices assigned to hear and determine Felonies, may award their Process to the Sheriffs of any other County, where a prisoner indicted before them of felony is dwelling, to apprehend him, & the sheriff of such other county is duly to execute the same process. Note that the Sheriff may not stay or delay the execution of any prisoner condemned to die, without the commandment of the judges. CHAP. 99 The Sheriff is to assist, etc. justices of Peace. 1 IN some cases the Sheriff is to join with the justices of Peace. As first for the suppressing of Riots, Routs, and unlawful 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 upon this enquiry, then within one month the Sheriff is to join with the justices in a certificate of the fact and circumstances, etc. into the King's Bench, or, etc. If the truth be not found by reason of any maintenance, they are to make another certificate of the maintainers, and of their names and misdemeanours, Plus hic cap. 4. 3 The Sheriff, also is to attend go with, and to assist the justices of Peace, for the arresting of such as make any forcible Entry or Deteiner of possession; and for the removing of the force, and of the offenders. 4 The Sheriff must make due execution of the precepts of the justices of Peace, for the returning of juries before them, to inquire of forcible Entries, or Riots, etc. sub poena twenty pounds. The Sheriff also must duly execute all other precepts and lawful warrants directed to him from the justices of Peace for ministration of justice. 5 Also the Sheriff (or his Undersheriff) is to attend the justices of Peace, at their general Sessions of the Peace, and the justices there may fine him for their absence. If the Custos Rotulorum, or two justices of the Peace, (the one being of the Quorum) shall make their precept to the Sheriff to summon the Sessions at a certain day and place, etc. the Sheriff ought to perform this, notwithstanding any Command from any other justices of Peace: yet two other such justices may by their precept, command the Sheriff to summon another Sessions upon the same day, and at another place. 6 The Sheriff is to levy the justice's wages, (upon the justice's Estreats, etc.) and is to pay the same to the justices. See hic cap. 125. CHAP. 100 & 101. He is to execute the Precepts of other Commissioners. Sheriffs are to execute all such Precepts, and other commandments, as shall come to them from any six or more Commissioners of Sewers, Sewers. as well for returning juries 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 juries before them, for the preising, etc. of the lands and goods of the Bankrupts: as also for the breaking open of their houses, and seizing of their bodies, or goods therein. hic cap. 94. They are to return a jury before Commissioners assigned to take an account, Account. etc. upon a Precept from the said Commissioners. They are to execute the precepts of Commissioners for the Subsidy, Subsidy. for the distreining or arresting of persons indebted, or otherwise for the execution of that Commission. They are to return juries for Enquirie, before Escheators, Escheators. and to execute all other their lawful Commandments. They are to return juries for Enquiry, before Coroners, Coroners. upon their Precept; and must further execute all other Precepts and commandments lawful, of Coroners, in all things pertaining to their Offices. And it seemeth that all these former Commissioners and Officers may assess a fine upon the Sheriff for not recurning of juries before them. Also Sheriffs must have Counter-Rolls with the Coroners, of all things belonging to the Office of the Coron●rs, scz. of Appeals, Inquests, Attachments Abiurations, Vtlawries, and other things. Plus inde hic cap. 14. Clerk market Sheriffs are to return before the Clerk of the Market (upon his warrant) juries to inquire of things belonging to the office of the Clerk of the market. Sheriffs being required, are to aid 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 King's special Writ, the Sheriff now may not cause any man to be burned for Heresy, notwithstanding any warrant from the Bishop to him directed for such purpose. CHAP. 102. Proclamation to be made by the Sheriff. EVery Sheriff ought in person 4. times in every year, within every his Hundreds, to proclaim the statute of Winchester Winchester. made against murders, robberies, and felonies. They also are to cause the same Statute to be proclaimed by their bailiffs in all Fairs and market towns. Sheriffs having received the King's Writ, etc. aught to proclaim four times in the year, all statutes made of purveyors. purveyors. They shall proclaim four times in the year in every market, the statute made against unlawful games, and for the maintenance of Archery. But none of these three former statutes for the Proclamations are in use now as it seemeth. The rates of wages Wages. of servants and labourers, etc. sent to the Sheriff from the Lord Chancellor, or justices of Peace of the County, the Sheriff shall cause the same to be proclaimed in every market town, and to be fixed upon some post within the same town, etc. Hawks Hawks. lost and brought to the sheriff, he must proclaim the same in all good towns within his County. The Summons Summons. in real actions being made upon the land, shall be after proclaimed by the Sheriff (upon a Sunday presently after Divine service (and sermon,) and at the most usual Church door of the Parish where the land lieth) fourteen days (at the least) before the day of the return thereof; and that proclamation so made shall be by him returned together with the names of the Summoners. Vtlatic. Upon every Exigent (where a Writ of Proclamation is awarded, etc.) before the oulawry shall be pronounced or returned; the Sheriff (to whom any such Writ of Proclamation shall be directed) as to make three Proclamations at three several days, (the one in the open County Court; another at the general quarter Sessions; the third at the Church door of the Parish where the defendant dwelleth, and upon a Sunday, immediately after Divine Service (and Sermon): and this third Proclamation is to be made one month (at the least) before the Quinto Exactus: And these Proclamations are to be made to this effect, scz. That the defendant yield his body to the Sheriff, so that the Sheriff may have the body at the day of the return of the Exigent to answer to the Plaintiff, etc. Upon a Writ de Excom' Capiendo, Excom capiend if Non inventus be returned, than a Capias shall be directed to the Sheriff, who thereupon is to make Proclamation in his County Court (or at the the Assizes or Sessions of the Peace) ten days at the least before the return, that the party within six days yield his body to the Gaol, etc. And such Process, and Proclamation shall be made until the party yield himself. Upon Indictments Indictments. or Appeals of persons dwelling in foreign Counties, etc. upon the second Capias directed to the Sheriff, if he cannot find the party, than he shall make Proclamation in two County Courts, that the perty appear before the justices according to the said second Capias. In cases of Riots Riots. which cannot be found upon the Enquiry of the justices of Peace: they and the Sheriff are to certify into the King's Bench, etc. and if the offenders do not appear there, then upon the second Capias, if the offenders be not found, the Sheriff at his next County Court, is to make Proclamation that the offenders appear within 3. weeks, etc. Parliament. The Sheriff upon the King's Writ is to make Proclamation of the day and place of the Parliament, etc. hic cap. 92. He is also to make Proclamation, That all that will be present to assess the fees and wages of the Knights, etc. ibid. In a Writ of Admeasurement (of Dower or Pasture) the Sheriff upon the Grand distress Grand distress. must make Proclamation at two County Courts, that the defendant appear at the day, etc. to answer the Plaintiff, etc. And so upon the Grand distress in a Writ of Ward, but here Proclamation must be made at three County Courts. In a Writ of Mesne, the Sheriff upon the Grand distress must make Proclamation at two County Courts, that the Mesne appear at the day contained in the Writ, to acquit the tenant, etc. And the Sheriff is to make return of these Proclamations, and how often the same have been made. CHAP. 106. The Sheriffs Courts. First, concerning the Sheriffs Turn. THis Court and power was committed to the Sheriff for the government of the County, Turn. scz. to inquire therein of all criminal and personal offences, and to reform all common Nuisances, etc. done within the County. Place. This Court is to be holden by the Sheriff in every Hundred within his County, and that only in the place accustomed. Time. It is to be holden twice a year, scz. one month next after Easter, & within one month next after Michaelmas. All persons of the age of xii. years, or above, Suitors. dwelling within the Hundred, aught to come to this Court, and there must be sworn to the King's allegiance. Except notwithstanding Barons, Clergymen, and women. Also except Tenants in Ancient Demesne. And except such as do own suit to the Leet of any other Lord. And yet where such Leets be neglected or seized into the King's hands, etc. there the Resiants may be compelled to come to the Sheriffs Turn. After appearance of the Suitors, Iury. first twelve (or more) sufficient freeholders, dwelling within the Hundred, shall be impanelled and sworn, to inquire of, and to present all things there inquirable. And then (as a second jury) the High-Constables and pettie-Constables within that Hundred, shall upon Oath present the defaults committed within their several limits; which presentment they shall make or deliver to the first jury, or to the Steward, and then he delivereth that to the jury. The first jury must deliver up their verdict to the Steward: But if there be any presentment of any Felony, that must be delivered up by itself, to the Steward privily. These Indictments or Presentments shall be made by Indenture between the Sheriff and the said jurors, whereof one part shall remain with the jurors, under the hand and seal of the Sheriff, or Steward; and the other part to remain with the Steward, and by him to be sent to the next Sessions of the Peace, etc. And yet such Presentments are good, though they be neither indented nor sealed. Those first jurors ought to be men of good name, and to have within the same County twenty shillings per annum, or twenty six shillings eight pence Copyhold per annum, at the least. Stat. CHAP. 107. THe style of this Court must be thus: Vis. Francipleg' Domini Regis tent' apud L. coram Vic' in Torno suo, etc. And in this Court the Sheriff is to inquire 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 abjured, or Outlaws returning without Licence. Treasure-Trone, Waifes, Estrays, and Wrecks of the Sea found and retained. Franchises newly claimed, or not used or abused. Purprestures and Incrochments made upon the King's lands, Franchises, or upon Highways, etc. And these may be seized into the King's hands in some cases: and if it be in land or buildings, after the Purprestures found by Enquest, and the value assessed, it may be set at a yearly Rent to be answered to the King; or it may be pulled down. See hic cap. 7. Common Nuisances made in Highways and Rivers, etc. Common Trespasses, as Affrays, Bloudsheds, Pound-breaches, etc. Evil Members, as Nightwalkers, Messengers for Thiefs, etc. False Measures & weights, or double Measures, etc. Inne-holders' and Ostlers, selling Man's meat or Horse meat at unreasonable 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 Sheriff is judge. And this Court is incident to the Office of the Sheriff. And the Sheriff is to have the profits thereof, scz. the amerciaments and fines. CHAP. 108. ANd yet upon Indictments or presentments taken in this Court, the Sheriff, &c. cannot make out any Process against the Offenders, nor attach, arrest, or imprison any Offender, nor assess, levy, or take any amerciament or fine of them, without Process or Estreats from the justices of peace, sub poena C. li. But all such Indictments or Presentments the Sheriff must first deliver or send to the justices of peace at their next Sessions, (sub poena xl. li.) and the said justices are to award Process against the Offenders, and to arraign, try, and deliver them, and to fine them for Trespasses, etc. and then to estreat the fines and amerciaments to the use and profit of the Sheriff before whom the Indictment was taken; which Estreat shall be delivered by Indenture to the Sheriff or his Officer, to gather the same by. CHAP. 109. The authority of the Sheriff (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 Gaol. They may take presentments of Treasons and Felonies. 2 Affrayors in their presence they may commit to ward. They may bind such Offenders to the Peace by Recognisance. 3 They may impose a reasonable Fine Fine upon 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 sworn, they may fine him, and in prison him till the fine be paid. Or they may amerce him, and distrain him for the amerciament. If a Suitor maketh default of appearance, he shall be amerced. If a Suitor being sworn shall refuse to make presentment, or shall departed without giving up their verdict, the Sheriff, etc. may set a reasonable fine upon 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 sworn, and being chosen and present, if they refuse to be sworn, they may fine them. Upon a Bloodshed presented, there the Sheriff may see an amerciament or fine, and the offender shall make his fine there. Quaere. Also upon a Nuisance presented, the Offenders shall be there amerced. Quaere. If a Purpresture be there presented, the Sheriff may reform or pull it down. But for a Purpresture, or for any Trespass there presented, the justices of Peace at their Sessions, are to assess the fines upon the Offenders. Upon presentment of the Assize of Bread, Beer, or Ale, broken by any Baker or Brewer, they may punish the Offender by the Pillory, Pillory. where the offence requireth it: This is by a late statute. Upon presentment of any Inneholder or Hostler, for not making their Horsebread of due Assize, or for selling their victual or provender at unreasonable prices, they may fine the offendor, and for the second offence they may imprison him without Bail, for one month; and for the third offence they shall set him in the Pillory. Note that a presentment in this Court is not traversable there after the day wherein it is presented, except it toucheth the Freehold, etc. Note also, that for all amerciaments assessed by the Sheriff, etc. in his Turn, (for default of appearance, or the like) the Sheriff may distrain for such an amerciament in any place within his County. CHAP. 110. The County Court. THis Court was ordained for the Sheriff to hold Plea there, for particular or private matters (under forty shillings) between party and party. And this Court may be kept at any place within the County, at the pleasure of the Sheriff, except in certain Shires. To this Court all persons dwelling within the County do owe suit, by reason of their resiancie. Also a man may hold lands to do suit service to this Court. The Suitors for default of appearance shall be amerced; scz. if they were warned by the Bailiff, and that there be not a sufficient number to pass upon Issues there depending. But any Suitor may do this his suit by his Attorney. The Officer of this Court is one of the Bailiffs. And as to all Actions & suits which are there between party and party (either by Plaint or Writ) the Freeholders or Suitors are judges in this court, scz. to find the party guilty or not guilty etc. But yet all judgements there, (as well upon Actions and Suit by plaint, as by Writ) shall be pronounced by the Sheriff. And if the Sheriff shall give false judgement without the assent of the suitors, the Sheriff shall be punished, etc. And so if he shall do any other thing without the Suitors there. Quaere. By Plaint. In this Court the Sheriff may hold plea off, and may examine, hear, and determine by way of Plaint, (without any Writ of justicies) certain smaller personal Actions, as of Debts due upon Contracts, Detinue of Chattels, Assumpsit, Covenant, Nuisances, taking of Cattles, and detaining them, Trespass, and the like, happening, made, or done within their County, if that the debt or damages be under forty shillings, and the plea determinable by wager of Law. Also the Sheriff may make replevin of cattles or goods taken and withholdden, and may hold plea thereof in this Court without any Writ, (Quaere, if that the damages exceed the sum of forty shillings.) Plus postea. But he cannot hold plea either by Plaint nor by Writ, where the offence is laid to be vi & armis. Neither can they hold plea here by plaint of any Debt due by Bond or Record, nor in an Account, nor any Plea of Deceit, Maintenance, Forger of false Deeds, Detinue of Charters concerning Freehold, nor of any real thing, nor of any personal thing above forty shillings. Neither may they proceed, if the freehold come in question, except it be by a justicies. This Court also is incident to the Sheriff, and cannot be granted from him; and the entry of all Pleas & Proceed there, are belonging to him, and he is to appoint his Clerks in this Court, and such as he will answer for. No plaints shall be entered in the County Court, unless the plaintiff be present in the Court in person, or by an Attorney or Deputy known to be of good name. And the plaintiff must find pledges to pursue his pleint. Also the Sheriff etc. shall enter but one pleint, for one cause, contract, or trespass. The plaintif must enter his pleint, by writing, and in full Court (sedente Curia) before the Sheriff or Steward, etc. After the pleint entered, the plaintiff must procure the process of the Court (scz. the Sheriffs warrant to be directed to the bailiff) to warn the defendant to appear at the next court etc. And the Sheriff must make sufficient warrant, precept (or process) to his bailiff to attach, or warn the defendant accordingly, Sub poena— 40 s. Any person (as well plaintiff as defendant) may make an Attorney to sue for him in all pleas in the county court Plus cap. 112. For the further proceed in these pleints, the business thereof belongeth more properly to the Steward; which notwithsanding you shall find more fully in my book at large. If any Sheriff, or Officer, shall solicit, or procure any suits in th●s court, they shall be grievously punished. If the Sheriff shall make any default in not warning the defendant, or other execution of his office, he is punishable. Note that this County Court must be kept every month, upon a day certain, that all writs of Exigent may be there proclaimed. And the Coroners are to sit there with the Sheriff at every County court there to give judgement upon utlawries, which judgement shall be pronounced and given by the Coroners in the fift County, and then the Sheriff is to return the utlawrie with the Exigent. CHAP. 111. Appeals of Robbery, & other Felonies, and of Maihem, and Rape, may be sued in the County Court, by bill before the Sheriff and any one of the Coroners. But upon the Appeal sued there, there shall be first found to the Sheriff two sureties de Prosequendo. The proceed in such Appeals, is as in Appeals in the King's Bench, scz. Capias & Exigent, etc. And as to these matters of appeal, as also as to the judgements given in this Court upon oulawry, this County Court is as a Court of Record. CHAP. 112. Process. THe Process in the County court in all personal actions (as well in a justicies, as where the suit is by pleint is a Summons, Attachment, and Distringas infinite. Except in Trespass, and there only an Attachment, and Distring ' infinite. Also if upon the Summons a Nihil be returned, than a continual Capias where it is by writ. Quaere if a Precept by Paroll be not good enough where the suit is by Plaint. Either party may be essoined, which must be at the beginning, After the Essoines, the Plaintiff must be ready at every Court hanging the plea, otherwise he shall be adjudged Nonsuit, and he and his Pledges shall be amerced. If the defendant do not appear, than (upon the bailiffs return, etc.) Process shall go out against him, ut supra. And yet both the Plaintiff and defendant, may appear by Attorney. Upon the attachment, Attachme● the bailiff must attach the defendant by some horse, pot, pan, or the like, and the bailiff may keep that until the next County; which goods shall be forfeit if the defendant maketh default; and then a Distring ' goeth out. Or the defendant may put in two Pledges or Sureties for his appearance at the next Court (and so Replevy his goods,) and then upon his default, he and his sureties shall be amerced, etc. Distring '. Upon the Distringas, the bailiff must distrain the defendant by his goods, which he may keep, and which shall be forfeit upon his default, ut supra. But if the defendant put in pledges, there must be 4. at the least. And after a Distring ' infinite shall go out, till the defendant appear. Trials. All trials in the County Court, are usually by Ley Gager, (scz by the oath of the defendant) if the suit be by plaint. Or it may be by examination of witnesses. Or by prescription it may be by a Iuri●. But if the suit be by force of a justicies, than the trial shall be by a jury of twelve men. If the matter be found against the defendant, Ezecution●. than they use to grant out a Levari fac ' to levy the damages and costs, etc. And yet by good opinions, the execution in this Court, is only by distress, and impounding (or retaining) the cattles, until the party be satisfied; And that the Sheriff cannot sell the goods, nor deliver the distress to the party: nor any execution lieth there against the body. But to have the judgements given in this Court, to be executed by the Sheriff safely, the party may procure out of the Chancery a Writ de Executione judicij, to be directed to the Sheriff, etc. be the suit by a justicies, or by plaint without Writ. And then if the Sheriff will not make execution, a Alias and Pluries shall go out, and after an attachment against the Sheriff. CHAP. 113. Of the Writs of justicies. PLeas in this County Court, are sometimes holden by force of the Kings Writ of justicies, directed to the Sheriff; which writ giveth special power to the Sheriff to hold plea in his County Court; and is therefore called a Vicountiel Writ. This Writ is not returneable, but therein the matter shall be tried and determined in the County Court before the Sheriff by a jury according to the course of the Common Law. And the proceed therein shall be as in a Writs original of the like nature, in the King's Courts at Westminster. And the same Process shall be in a justicies, as which the suit is there by pleint; scz. Summons, attachment, and distress; but no Capias in any case. And the Sheriff is to make the Process, etc. to his bailiff. The Sheriff by virtue of this Writ, may in his County Court hold plea of lands, or other pleas real, as also of pleas personal, although the debt or damages shall be above 40. s. to any sum whatsoever. And though the freehold shall come in question, where the suit is by a justicies, yet this Court shall not surcease. Where the Plea is by a justicies, it seemeth that the High Sheriff must or should sit in person, to hear and determine the matter; and yet the suitors are judges of the cause, ut supra. Where a justicies shall be sued before the Sheriff only, and What Writs be Viscontiel, (scz. triable in the County or Sheriffs Court. 1 justicies de Account. 2 Admeasurement de Dower. 3 Admeasurement de Pasture. 4 Annuity. 5 Assize de petite Nusance. 6 Curia claudenda. 7 Customs and services. 8 Debt. 9 Detinue. 10 Dower unde nihil habet. 11 Droit Patent. 12 Droit de Gard. 13 Homine Replegiando. 14 Breve de Mesne. 15 Nativo habendo. 16 Plegijs acquietandis. 17 Quarentine. 18 Quod permittat. 19 Rationabil' divisis. 20 Replevin de biens. 21 Secta ad Molendinum. 22 Trespass. The Writ de Recaption may also be sued in the County Court, but this must be before the Sheriff and Coroners. But note where the Plea is holden in the County Court by a justicies, yet the same may be removed into the Court of Common Pleas. CHAP. 114. The Sheriffs authority in making Replevins. Wheresoever any man's beasts or other goods be taken and wrongfully withholden the owner of the goods may at his election sue a Replevin by Writ, or by plaint. And the Sheriff hath power to make Replevy, and to deliver the cattles or goods in both cases. The Sheriff or his Undersheriff, Per Pleint. or any of his Deputies (in the Country) upon complaint of beasts, etc. taken and withholden, may presently make Replevin thereof, out of his Court (yea in all places) and may deliver them. And the Sheriff may command his bailiff (either by writing or word) to make deliverance thereof. But the Sheriff (or bailiff, etc.) must first come to the place where the , etc. are detained, and to demand both the view of them, and to have them delivered. When the Officer hath gotten the view of the cattles, he shall presently deliver them; and shall give day to both parties to appear at the next County Court, etc. Yet before deliverance thereof, the Sheriff (or Officer) must take Pledges, (scz. sufficient security) of the owner of the cattles, Tam de prosequendo, quam de Returno habendo, etc. (hic ca 45.) or else the Sheriff may be charged for the price of the cattles, if return be awarded. This security most commonly is used to be by a bond of ten pound at the least, with condition for his appearance at the next County Court, and there to prosecute his suit with effect against the other, for taking and withholding of the said cattles; and to make return thereof, if return shall be so adjudged, etc. If the beasts were taken within a Liberty, and the bailiff of the Liberty will not deliver them upon the Sheriffs precept, The Sheriff must enter, and deliver them. If the beasts be put into a Castle, House, Parke, or Close, etc. the Sheriff (or his Officer) may take Posse Comitatus, if need be, and shall beat down the Castle, etc. and deliver the beasts: But yet the Officer must first come to the place where the cattles are so detained, and there demand the view of them, and to have them delivered, ut supra, and (whether any be present or no, if they were warned) then the Sheriff may execute the Law as aforesaid. If any other disturbance therein be made to the Sheriff or his Officer, they may take Posse Comitatus, to make deliverance. The Sheriff may not break a close or hedge, to make a Replevy, where there is a gate, except the gate be locked up, etc. Note where the Replevin is by plaint in the County Court, it shall not proceed if any thing touching the freehold come in question. Per Breve. Also upon a Writ, (scz. a justicies) directed and delivered to the Sheriff, to make deliverance of a distress, the Sheriff or Officer (after sureties taken de Prosequendo, & de Returno habendo, as aforesaid) must go to the pound or place where the cattles be, and demand the view, etc. (ut supra) and then shall deliver them. And the Officer shall also attach the defendant (by his goods) to appear at the next County Court, to answer to the Plaintiff, etc. If the Plaintiff be Nonsuit, etc. then a return of the beasts shall be awarded to the defendant: and thereupon the Officer shall deliver to the defendant (or avowant) the first distress; and besides the defendant shall recover costs and damages, where the Plaintiff is Nonsuit, or that the matter be found against him. Upon the Pluries not served by the Sheriff h●s ●ower is determined, and the parties shall plead in Bank. I● a man sueth a Replevin (by plaint or Writ) and the Sheriff maketh his precept to his bailiff to make deliverance, and the bailiff returneth that he cannot have the view of the cattles, or that they be esloined, etc. Then the Sheriff at his next County Court, shall (ex officio) inquire thereof by a jury, and if it be so found, the Sheriff in the same County Court, shall award a precept in the nature of a Capias in Withernam Withernam. directed to his bailiff to take the cattles, etc. of the defendant in Withernam, Quousque, etc. This precept must be made in full Court, and by writing, and must be sealed with the Seal of the Sheriffs office. And the Officer may take in Withernam goods of any kind, number, or value reasonable; And those goods the Sheriff may either keep or deliver them to the Plaintive, hic cap. 80. Also note that the party who hath his cattles delivered him, etc. either upon Complaint, or by Writ, aught to enter his Plea before the Sheriff in his next County Court. Upon a Writ to the Sheriff to make deliverance, if the Officer be disturbed in the execution of the Writ, he may take Posse Comitatus, etc. to take the disturbers; and the Sheriff may imprison them: or the Sheriff may award an attachment, & after a Distring ' against the disturbers, until they come in, and then they being convicted shall be fined to the King by the Sheriff, And so it seemeth though it be before the Sheriff without Writ, if the bailiff returneth that the party will not suffer him to make deliverance, the sheriff may award an attachment, and after, ut supra. Every suit depending in the County Court (be it by a justicies, or by plaint) may be removed thence, by a Pone or Recordare; and if after the removing, there shall be any proceeding in the County Court, the Sheriff, etc. shall be punished to the King, and party grieved. CHAP. 115. The authority of the County Court, etc. THe Sheriff (nor his Steward there) may not arrest or imprison a man in any suit there depending (though by a justicies;) nor for any contempt or offence done in this Court. They can impose no fine in this Court upon any offender, for that it is no Court of Record. And yet this Court as to some matters, is a Court of Record. See hic cap. 4. & 111. Also where there is a plea of debt depending in this Court (especially by a justicies) there the Sheriff in this court may take a Recognisance of either party, to pay a sum of money to the other at a certain day: and in some cases the Sheriff (upon the King's Writ) may levy such a debt by sale of the party's goods; and in other cases by distress only; according to the form of the Writ to him for that purpose, first to be specially directed. In a Writ of Right depending in the Lord's Court, the Sheriff may grant a Tolt to remove the Plea into the County Court before himself. They may also amerce a man in this Court. As if a man be convicted (before the Sheriff in the County) in a Writ of Recaption. Here he shall be amerced grievously for examples to others. Yea the defendant shall be amerced in this Court in any suit; if it be found against him. So the Plaintiff shall be amerced here, if he be Nonsuit; or that the matter be found against him. So if the Lord shall take an excessive distress of his tenant, for his rent due. So if he shall drive out of the County, a distrisse taken. So if the defendant shall not perform his Ley Gager, at the day given him. Also jurors summoned, & making default, they shall be amerced, if there appears not enough to serve upon the Iury. But these amerciaments must be affired ꝑ pares. And yet the Sheriff may not levy the Shire, amerciaments, until two justices of Peace have the sight of their Estreats & have allowed the same, etc. Again if any contempt or disturbance be made to this Court before the Sheriff, or his Steward, they may amerce the offenders; and such amerciaments shall not be affired. For any amerciament in this County Court, the Sheriff may distrain throughout all the County. And the Sheriff shall have all such amerciaments to his own use and behoof as it seemeth (hic 124.) And these amerciaments are more or greater in some Counties, and less in other Counties, according to the use and custom of every County: & yet the Sheriff is not to amerce offenders outrageously or grievously, but having regard to the quantity & quality of the offence. CHAP. 116. 1 KNights for the Parliament. Coroners for the County. Verderers for the Forest: The election of all these is to be by the King's Writ (directed to the Sheriff) and in the open and full County Court. And these must be all chosen by the Freeholders of the County. And they are to be published there, and after the Sheriff is to return and certify into the Chancery, the election (of every such Knight, Coroner, and Verderer) & the names of those which are so chosen. The Sheriff is there to minister to the Coroners and Verderers their several Oaths, for the due execution of their Offices, as also the Oath of Supremacy. The forms or effect of their oaths, see my book at large. 2 judgements Upon Vtlawries are to be given and pronounced by the Coroners, sitting with the Sheriff in the County Court. See hic cap. 110. 3 Proclamations also are to be made by the Sheriff in his full County Court, in these cases following: For summoning of the Parliament, Hic cap. 92.102. For levying the expenses of Knights of the Parliament, Ibidem. In cases of outlawry, Hic cap. 110. & 59 & 102. Upon a Writ de Excem' Capiendo, Hic cap. 102. In Cases of Riots, Hic cap. 102. Upon the grand Distress in Writs of Admeasurement, Hic cap. 49.102. Mesne, Hic cap. 102. Ward, Hic cap. 192. CHAP. 117. Concerning the Sheriffs Officers. FIrst it is meet & safe for the high Sheriff to take good security from his undersherife, and other his officers, etc. the which is usually done by covenants, and bonds. Some doubts have been concerning the validity of these bonds; but the Statute of 23. H. 6. doth make void only such bonds as are made to the Sheriff, by prisoners, or persons arrested, or for their deliverance: And those bonds taken by the Sheriff, of his undersherifes, bailiffs, and other officers with condition to save the high Sheriff harmless, are good. Some think better of meet covenants made by Indentures between the sheriff and his undersherife especially, with three or four good Sureties, all of them to covenant jointly and severally for performance of the covenants; yet bonds to perform such covenants also, will make the officers the more careful. The forms of such covenants and bonds, see in my book at large. All and every of the Sheriffs officers before they intermeddle in their office shall take two oaths. scz. the oath to the King's supremacy, and the oath for the true exercise of their office, Sub poena 40. li. The oath of there office, see Statute 27. Eliz 12. for the form thereof. The substance of this oath is, for the true, speedy, and indifferent returning of Writs, and impanelling of juries, without taking above the fees allowed. If any of them shall commit or do any thing contrary to their said oaths, or either of them, they are punishable. And these Oaths they must take before one of the judges of Assize, or before the Custos Rotulorum, or two justices of Peace, (the one being of the Quorum) of the County where they are in such Office. None of the Sheriffs Officers shall be an Attorney in any of the King's courts during the time their said office. No Undersheriff nor Sheriffs Clerk shall abide in his Office above one year, sub poena 200. li. No Undersheriff, or Sheriffs Bailiff, shall be in that Office again within three years, except in London and Bristol, etc. Deputies. The Undersheriff is the High-Sherifes general Deputy, and useth the place in the right of the High-Sherife. The Sheriff also must make a Deputy of Record in every of the King's Courts at Westminster. Hic cap. 2. He must also make Deputies in his County, to make Replevins, (four at the least, & not dwelling above twelve miles one from another) which Deputies may in the Sheriffs name make Replevies, etc. in such manner as the Sheriff himself may do. Ibid. The Sheriff shall be amerced for the defaults of his Undersheriff. CHAP. 120. Bailiffs of Hundreds. THese also are to be appointed by the High-sherife, and are chiefly to execute writs, to summon the Assizes and Sessions, and the like. The Sheriff must appoint such for whom he will answer. These Bailiffs would be such as do know each man's person and land in their Hundred, and their ability to serve upon juries, that so they may the better summon them to appear, etc. when they shall be apppointed. They ought to have sufficient lands in the same County. They ought to be known men, true and credible persons. They must be sworn in the full County, scz. to the Supremacy, and for the due execution of their Office, sub poena 40. li. They may not let their Office to any other. The execution of all Writs ought to be done by them. And yet special Bailiffs are now usually allowed to serve Process, and are not sworn as the other. But no Distress shall be taken but by a Bailiff known and sworn. These Bailiffs of Hundreds ought to attend the judges, and the justices of peace, at every their Sessions: And are also to execute all Precepts & Warrants directed to them from the said judges or justices, for the administration of justice. Note that it is parcel of the Sheriffs Oath, to take no Bailiffs but such as be true men, of sufficient estate, and such as he will answer for, and that they take the oath for the due execution of their Office. No e also that it is parcel of the Sheriffs Oath, not to let to farm his Sherifewicke, nor any of his Bayliwickes', &c. And therefore their granting of their Off ce of Vnder-sherifewicke, with the Fees, profits, Courts, Perquisits, and other Commodities to the Office belonging, seemeth to be both against the Statute, and against their Oath; for such Officers as the Sheriff putteth in, aught to be but as his under Officers and servants, and ought not to do or take any thing but as servants to the Sheriff, and in his only right. See hic cap. 3. CHAP. 121. Bailiffs of Franchises or Liberties. THese are such as be appointed by Lords within their Liberties, to do such offices within the precinct of such Liberties, as the Bailiffs of Hundreds do within the County or Hundred: and a principal part of their Office consisteth in the due executing of all Precepts directed to them from the Sheriff, and in their due returning thereof to the Sheriff. These Bailiffs also (before they meddle, etc.) must take the Oaths to the Supremacy, and for the due exercising of their Office. These Bailiffs (of Liberties which have return of Writs) cannot arrest a man without a warrant first made to them by the Sheriff, by force of the Kings Writ in the Sheriffs hands. These Bailiffs having received the Sheriffs Warrant, when that they have executed the same, they must make their return thereof to the Sheriff (under their hands, etc. by Indenture) and the Sheriff may not alter the same: If a Bailiff of a Franchise shall arrest one by a Warrant (upon a Capias) to him directed from the Sheriff, yet the Obligation (taken for the appearance of the party) must be made to the Sheriff, and taken by the Bailiff in the Sheriffs name, But they may bail such persons being in their custody, as Sheriffs may; and may take the like Obligations for the appearance of the party by them to be bailed. No Steward, Bailiff, or Minister of Lords of Franchises, which have return of Writs, shall be an Attorney in any any Plea within the same Franchise. Bailiffs of Liberties shall take such fees, as the Statutes do allow the Sheriff and their Officers. These Bailiffs shall be attendant upon the judges of Assize, etc. and justices of Peace at every of their Sessions: And shall execute all Warrants directed to them from the said judges or justices, for ministration of justice within their Liberty. They must have sufficient lands within the County. They shall be punished for insufficient returns of Writs made by them: and yet when they have executed their Precept directed to them (from the sheriff,) they are to make their return thereof only to the Sheriff, and not into the Court. The King shall have all Fines, amerciaments, Issues, and Forfeitures, lost by any Officers of Franchises. CHAP. 123. Bailiffs of Liberties and Gaolers, Gaolers. must certify the names of every prisoner in their custody for felony, at every general Gaol delivery in that County, or Franchise. The Sheriff shall have the keeping, charge and rule of the common Gaol, and of the prisoners therein: and must put in such Keepers for whom he will answer. If the Gaoler shall suffer a fellow to escape voluntarily, the Sheriff or Gaoler may be indicted of felony for the the same, and if it were by negligence, they are fineable. If the Gaoler shall suffer a prisoner to escape, which is in prison upon an Execution, or which is committed to prison by Auditors, etc. the Sheriff is chargeable for the whole deb● &c, He that hath the keeping of the Gaol, by right or wrong, shall be charged for the escape of prisoners. All Felons shall be imprisoned in the Common Gaoles. Notorious Felons, and such as be of evil name openly, or be rebellious, shall have strong and hard imprisonment. Also Accomptants, and such as are in Execution for Debt, etc. may be put in Irons or fetters, in reasonable manner. If the Gaoler will not receive a prisoner brought unto him, the Gaoler is fineable: and if the prisoner thereby escapeth, the Gaoler shall answer the debt if ●he prisoner were taken upon an execution; and if the prisoner were taken for felony, this escape seemeth to be felony in the Gaoler. Gaolers may not take any obligation for the enlargement of any of their prisoners. Gaolers need not to remove any prisoner upon a Writ of Habeas corpus, except it be signed with a judge's hand. CHAP. 124. Their Fees and allowances. Sheriffs nor their Ministers ought to take no reward or other thing for doing gf their Office, but only of the King, or that which is appointed for them to take by the Statutes and Laws of this land, and if they do otherwise, it is extortion; and fineable; and a breach of their oath. They may not take, receive, levy, or gather any amerciaments or other duties, which are not due; or more than is due; or before it be due; if they do, it is extortion. If they take any thing for expedition, it is extortion. So if they take any reward, etc. for sparing a juror. So if they take any thing to omit any arrest, etc. So if they take any thing to show favour to any person arrested. So if they take any thing to spare any person from appearing at the Assizes, Sessions of the Peace, or the like. So if they take any thing to spare any suitors from appearing at their Turn, etc. Prisoners discharged by the Court, if any Officer shall detain them for any meat or other thing, except only for their due fees, it is extortion. They shall receive felons, without taking any fee. They shall receive servants committed for departing, or refusing to serve, without any fee taking upon their delivery. They shall receive all Writs, without taikng any fee. Their fees allowed them by the Statute of 23. H. 6. are these. Upon an arrest or Attachment. For the Sheriff. xx. d. For the bailiff who maketh the arrest or attachment iiij, d. For the Gaoler, if the prisoner be committed. iiij. d. For the obligation for appearance if the prisoner be bailed. iiij. d. For any precept or warrant making. iiij. d, And yet if the warrant be made to a special bailiff, than they use to take for every name two. s. whereas there is no fee due to the Sheriff until the arrest be made. Also for the copy of the warrant, they use to take iiij. d. Quaere how these two last be warrantable. If the bailiff of a Franchise shall arrest one by a Capias to him directed from the Sheriff, the bailiff of the Franchise shall have but iiij. d. the Sheriff xx. d. and the Gaoler iiij. d. For the copy of a Pannell, that Statute alloweth them. iiij. d, For the making of a Pannell, they are to take nothing. 22. H. 6.10. And yet for the impannelling or returning of a jury, the Statute of 27. Eliz. Cap. 12. seemeth to allow them. ij.s. The Statutes 29. Eliz. 4. alloweth them for serving an execution or extent, (upon the body, lands, or goods of any person) xii. d. of and for every xx. s. where the sum exceedeth not C. li. and vj. d. for every xx s. being above the sum of C.l. that they shall levy, or extend and deliver in execution, or shall take the body in execution: for the Statutes 31. Eliz. cap. 3. alloweth them xii. d. for making Proclamation at the Church door, upon an Exigent. Other Fees belonging also to Sheriffs, or at least claimed and taken by them. Their fees for Returns, scz. Of every Cepi corpus iiij. d. Of a Nihil. iiij. d. Of a Non est inventus iiij. d. Of any Proclamation. xii. d. Of a Venire facias. xii. d. Of an Habeas corpus. ijs. iiij.d. Of a Distringas. ijs. iiij.d. Of a Recordare ij.s. Of an Accedas ad curiam. ij.s. Of a Distring ' nuper vicecom '. ij. s. Of Mandavi ballivo Libertatis. iiij d. Of an Exigent, scz. for every name returned outlawed. iiij. d. Of Non est inventus upon an attachment out of the Chancery. ij.s. And yet by the Statute of 23. H. 6. cap. 10. it seemeth that they are to take nothing for the making of any Return. Also for the allowance of a Supersedeas, if it be after the return of the Exigent, they use to take xii. d. And for a Replevin by plaint in the County. ij.s. For executing of these Writs following, Sheriffs use to take as they and the parties can agree. scz. For Executing, etc. Of a Writ to inquire of damages. Of a Writ to inquire of Waste. Enquiry upon an Elegit. And so in all cases where the Sheriff maketh any Inquisition by a Iury. Also to execute a Statute. Or an Habere facias S●isinam. Or an Habere facias visum. A Writ of Right. A Writ de partitione facienda. For removing the Surcharge of Common; The Writ of forcible Entry; Or holding with force where the party is to be restored. For Execution of a judgement, super breve de dote. See the Statutes 34. H. 8. cap. 26. which alloweth diverse fees to the Sheriffs in Wales. All amerciaments, fines, and other profits, in the Sheriff Turn, do belong to the Sheriff. The Sheriff is to have diverse profits of the County, under the name of Viscountiels. The Sheriff is to have all amerciaments assessed or set in the County Court, Hic cap. 115. He is also to have for the entering of Plaints, Process, Pleas, and judgements in the County Court, the Fees due and accustomed. CHAP. 125. Their Accounts. The Time. BY the Statute of Scaccario, made Anno 51. H. 3. Sheriffs shall come to the proffer, (and make their accounts and payments) in the Exchequer, the morrow after Saint Michael, and the morrow after the Vtas, (or the Octaves) of Easter: And this they must do by Attorney, or may respite it by the King's Writ. Writ. But now in Hilary Term next after, they are out of their Office, the High-Sherife or Undersheriff of most Shires, are sworn to yield and give a just and true account (to the King and his Officers in the Exchequer) of the King's debts which they shall be charged withal by the green Wax (or Estreats out) of the Exchequer; and of all Waifes, Estrays, and Felons goods, which happened within the compass of their Office; and of all other profits whatsoever due and belonging to the King, and chargeable by them to answer for by reason of their Office; or much to this effect: but for that the forms of the Recognisance, as also of the Oath itself, doth more plainly manifest these things, amongst others, I will here set them down as I have received them. The form of the Recognisance is thus: Memorandum qd' A.B. armiger nominatus vic' com' Cantabr' & Hunt' C.D. & E. F. de etc. vener' coram Baron' de Scaccario domin' Regis apud Westm' _____ die _____ Anno regni dom' Regis nunc Caroli tertio in proprijs personis suis & recognouer' se debere eidem dom' Regi— 120. li. Sub conditione quod si praedict' vic' profra sua ad hoc Scaccar' dom' Regis in Crastin' Clausi Paschae & Sancti Mich. Archangel' prox. futur' de exit' ballivae suae faciend. fuerit ad tantas denar' summas vel meliores quantas aliquis predecessor' suor' nuper vic' com' pnd' ad praedict' crastin', in aliquo anno, quatuor annor' prox' praeterit'; melius fecerit, ac eadem profera sic faciend' infra mensem quorumlibet eorundem festor' Paschae, & Sancti Mich. Archangel. domin' Regi nunc ad receptum huius Scaccarij, bene & fideliter soluerit. Ac etiam si idem vic' comparuerit per se, vel per Attornatum suum sufficien', coram Baron' domin' Regis nunc in dicto Scaccario termino Pascha prox' futur', (scilicet) ante praedictum mensem Paschae, ad faciend' dom' regi fidelem visum compiti sui, de exit' ballmae suae: Et huiusmodi visum ibidem ante eundem mensem Paschae, bene & fideliter fecerit, & de omni eo quod dicto domin' regi super visum compiti illius deberi contigerit; eidem domino regi ante tres septimanas Sanctae Trinitatis tunc prox' sequen', bene & fideliter fecerit, aut seipsum inde aliter erga dictum domin' Regem legittime exonerauerit & acquietauerit. Ac etiam si idem vic' coram dictis Baronibus huius Scaccarij in Quind Sancti Hillar' quod erit in anno Dom' 1628. personaliter comparuerit, ad reddend dicto domino Regi fidelem compit' de exit' & profic' ballivae suae, ac fidelem compit' praemissorum eidem Domino Regi fecerit & reddiderit, ac de omni eo quod eidem Domino Regi super Compit' ill' deberi contigerit, praefato Domino Regi citra Crastin' Ascentionis Dom' tunc prox' sequen' bene & fideliter satisfacerit, aut seipsum inde aliter legitime exonerauerit & acquietauerit: Ac etiam de omnibus bonis & catallis, ac de exit', terr' & tenement' folonum fugitivorum, felon' de se, & in exigend posit' condemnat' & vtlagat'; necnon de alijs quibuscunque Domino Regi, ratione Praerogativae, seu Regiae suae sive alit' quoquo modo pertinen', quae ad manus ipsius Vic', aut eius sub-Vic', vel Balliuor' aut alior' Officior' aut Ministrator' suorum quorumcunque, si quae fuerint tempore, quo idem A. B. fuerit Vic' Com' praedict', absque aliquo conceleamento infra idem tempus fecerit reddiderit. Et de omni eo quod eidem Domino Regi super finem compiti illius deberi contigerit: Dicto Domino Regi bene & fideliter, in forma praedict' satisfacerit. Ac si praedict' Vic', Attorn', sive deputat' suum, habilem & sufficientem in Curia hic eadem Curia seden' habuerit & assignaverit, qui eidem Curiae de tempore in tempus attendet ad recipiend: & retornand' brevia & mandata eiusdem Cur' iuxta formam Statuti inde editi & provisi. Quod tunc praedict' Recogn' pro nullo habeatur, alioquin in suo pleno robore permanere & effectu. The form of the Oath of a Sheriff for the passing of his account. You shall swear that you shall yield unto the King's Majesty that now is, a true and lawful account of the issues and profits of your said Office of Sherifealtie in his Majesty's Counties of Cambridge and Huntingdon, due unto his Majesty from the Feast of Saint Michael the Archangel, in the second year of his Majesty's reign, until the same Feast now last passed, (which is for one whole year) and in the same account you shall make true answer of all Felons goods, outlawed men's goods, attainted men's goods, Waifs, Estrays, & all other profits whatsoever which hath come to your hands, your Vndersherifes hands, or any of your Bailiffs, Officers, or Ministers hands, by reason of your said Office. And in the same account you shall charge yourself with all sums of money, as you, your Undersheriff, or any of your bailiffs or Officers for you have levied, or lawfully might have levied to his Majesty's use. And in the same account you shall make no petition, ask no allowance nor discharge, but such as shall be good and true; and that you deliver a true declaration of your Viscountiels, declaring of whom, and where you do receive, and wherefore all such sums of money contained in the same. And well and truly behave yourself in yielding the same account, as a true accountant aught to do without omission or concealment. So help you God. Now by an old Statute of 1. Edw. 3. cap. 4. the account of Sheriffs and other such Ministers shall be after the points of their Oath. And yet by some opinions the Sheriff is not accountable for goods of Felons, Fugitives, and the like, save in a gross sum for the farm of the profits of the County. Neither is the Sheriff accountable for other the profits of the County, (which run under the name of Viscountiels) save in a sum in gross for the farm of the profits of the County. Now what the profits of the County be, see hic cap. 3. & 9 If any Fines or Amerciaments called Mulctae, be set or assessed in any of the King's Courts, upon any man; or if any arrearages or accounts called Reliqua, of such things that is of Customs, Taxes, Subsidies, Tenths, and Quinzimes, and the like, be, (and be estreated out of the Exchequer to the Sheriff) the Sheriff of the Shire is to gather up the same, and is accountable therefore in the Exchequer. But for the ordinary rents of the King's lands, and most commonly for the Taxes, Subsidies, Customs, Tenths, and Quinzimes, there be particular Collectors and Receivers, which do gather up, and answer the same into the Exchequer. What other things Sheriffs shall be accountable for, appeareth in part here before, Cap. 3.7.9, 10, 11, 12, 13, etc. ad cap. 20. & 76. And wheresoever the Sheriff (upon process out of the Exchequer, or without process) shall levy, take, seize, or gather up any debt, or other duty, or profit, due to the King, he is accountable or chargeable for the same. Yet Sheriffs shall not be accountable, but only for their own times, Quaere. Every Sheriff (by himself, his attorney, or deputy) shall be sworn at his day of prefixion, to bring and deliver into the Exchequer, Rolls of parchment of all such particular sums of money, which he hath, or might have levied, making mention of what person, of what lands, and for what cause, any of the said sums be. If the Sheriff (or his Officers) shall gather the King's rents, or shall levy the King's debts or other duties, and shall not account for the same in the Exchequer, the Sher fe is liable both to the King and to the action of the party grieved; besides the danger of his oath. If the Sheriff shall seize the goods of one that is outlawed (or for any other cause,) and shall not upon his account answer the King for the same, he is chargeable both to the King, and party, etc. For note that the Sheriff (in an action of trespass, etc. brought against him by the owner of those goods) must plead that he hath accounted for them. Note also that the High Sheriff is accountable to the King, for all things belonging to the office of the Sheriff, and the Undersheriff is accountable to the High Sheriff. The manner of the Sheriffs account, see in Master Wilkinson of the office of Sheriffs, fol. 36. 37. For the ordinary charges of the passing of their account, See ibid. fol. 38. 39 40. & 41. None of the Sheriffs of the Counties of Surrey and Sussex, Essex and Hereford, Somerset and Dorset, Warwick and Leicester, Nottingham and Derby, or Oxford and Berksh. (besometimes joined) shall pay in any Court of Record, for any duly belonging properly to the Office of a Sheriff, any orher fees or charges, than only the one half of the charges and fees which he should have paid if he had been Sheriff of two of the said shires, as formerly was used: And their charges and rewards, etc. shall be divided. By the Statute of 5. R. 2. cap. 11. the accounts in the Exchequer shall be more speedily heard, made, and engrossed, than they were wont, etc. Before the Sheriff come to his account, (or Opposals before the foreign Opposer) let him be careful, fully and truly to learn which are good debts, and which are not, and which are within Liberties, and which are not: For with the foreign Opposer, the Sheriff must either Tot, Nihil, or set over into Liberties, all the debts & sums of money contained in the summons of the green wax, and in the Extracts of the peace of the County where he was sheriff; and therefore having first learned which be good debts and which not, and which be within Liberties, and which not, he may make his book of all his charge accordingly. What allowances they shall have upon their Account. All Sheriffs shall have such tails of Reward, and other allowances as they have heretofore had. Also they shall be discharged upon their accounts (in the Exchequer) upon oath, of such sums of money which they cannot levy. See the Statute 2. & 3. Ed. 6. cap. 4. Sheriffs shall have allowance by there oath, of the issues of their County. They shall have allowance upon their accounts, by their oaths, of things casual; but not of such things as remain in yearly farms, or yearly demands. If an accountant (being Nichilled) will swear that he oweth nothing to the King, he shall be thereupon discharged. Statute 5. R. 2. cap. 13. Sheriffs upon petition, and bills brought in upon oath, shall have allowance for their charges and expenses which they sustain by the Diet of the justices of Assize, and other means etc. Sheriffs also shall have allowance for their charges or wages of the justices of Peace at their quarter Sessions; but the Sheriffs allowance herein is but four shillings a day a piece for eight justices. Note that all fines, amerciaments, issues, forfeitures, and penalties whatsoever arising before the justices of peace at their Sessions, are to be estreated by the Clerk of the Peace (out of the records of the justices) and to be indented by him, and then to be delivered one part to the Sheriff to levy the same thereby, and the other part to be certified to the Barons of the Exchequer: And the Sheriff is accountable for the same in the Exchequer, upon those estreats so certified into the Exchequer; and so in many places the Sheriff pays them to the King, and never hath them again nor any allowance, (save only four shillings a day a piece for eight justices ut supra) and the surplusage is in many Counties pursed up by the Clerks of the peace, who receives all the fines, and thereout payeth (or might pay) the justice's wages and then deliver the resident the Sheriff, and should make his estreats accordingly. The course of the Exchequer is said to be thus, scz. that so soon as a sheriff hath entered into his account for issues, amerciaments, or mean profits for intrusions, and alienations without licence, to mark upon his head. O, Ni, which is as much as, Oneratur Nisi habeat sufficientem exonerationem, etc. and presently the sheriff is thereby become the King's debtor, and a debet set upon his head. And so soon as the sheriff is become the King's debtor of record ut supra, the other parties are also presently become debtors to the sheriff; And the sheriff in that case shall cause the debt to be levied against those particular persons by a Constat. But where the King by Parliament shall pardon all Issues, Amerciaments, and Intrusions, etc. if the Sheriff after such pardon shall enter into his account, without taking advantage of the Pardon, here the Sheriff is chargeable to the King by his own folly, and the particular persons are at liberty, and shall have advantage of the Pardon, etc. Amongst other things it is behooveful for Sheriffs and Vndersherifes, upon the making of their accounts, to have a special care of their Totting & Nichilling, (scz. What they Tott or charge, and what they Nichil or discharge) and that they charge or discharge men orderly, honestly, and with understanding; for what they Tott or charge, though it can ne●er be levied, yet it will hardly be avoided, but it must be paid; and if it be Nichilled, if it be Issues of jurors, though they be never so bad, and cannot be levied between the old Sheriff which returned them, and the new Sheriff which Nichilled them; they must be paid though it be seven years after, if there come no pardon in the mean time. The Sheriffs discharge. Where they shall be discharged upon their account and oath of such sums as they can not levy. See antea. Sheriffs having here Quietus est. they, their heirs, executors and administrators, and their lands, tenements, goods and chattels, shall be absolutely discharged of their accounts (scz. of all manner of sum or sums of money, which they shall have levied or received, and shall be pretended not to be accounted for, etc.) unless such Sheriff shall be called in question for the same within four years after the time of their account and Quietus est. Stat. 21. jacobi cap. 5. And every Officer that shall send out any Process, or by whose default any Process shall be sent out contrary to the said Statute, shall for every such offence forfeit to the party grieved 40. l. and beside shall pay costs and damages, etc. ibid. CHAP. 126. The principal matters wherein there is any great danger to Sheriffs. IF any Sheriffs shall exercise his Office, before he hath taken his oaths, (scz. to the Supremacy, and for the due Execution of his Office) he is punishable in the Star-chamber. So if he shall not perform his oath concerning his Office. He must put in sureties by Recog' in the Exchequer before he exerciseth his office, sub poena, C.l. He may not abide in his Office above one year, sub poena. 200.l. He may not be in that Office again within three years, sub poena, 200.l. He may not let to farm 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 (four at least) to make Replevies in the country, sub poena for every month, 5. pound. Escape. Upon an escape of a fellow voluntarily suffered by his Gaoler, the Sheriff may be indicted of felony. (Quaere tamen) but at least it seemeth the Shemay be fined to the value of his goods. Also for a negligent escape he may be fined. If he shall bail a prisoner who is in for felony (except it be by special Writ) it is felony. If he shall conceal any felony done within his County, he shall have one year's imprisonment, and be fined at the King's pleasure. Upon an escape of one taken in execution for debt or damages, he is chargeable for the whole. If an accountant committed to prison by Auditors, be bailed, or suffered to go at large, without consent of the Master, the Sheriff is chargeable for the whole debt. If the Accountant be brought to the Gaol by the Auditors, and the Gaoler will not receive him, whereby he escapeth, the Gaoler or Sheriff is cha●geable for the debt. If a fellow sent to the gaol, be refused, and so escape; Quaere if it be not a voluntary escape, so felony in the gaoler at least. If the Sheriff shall make any warrant without an Original, he shall forfeit 20. l. to the King, and 10. l. to the party, and be committed quousque. Arrest. Upon 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 show favour to any person arrested. So if they take any fees contrary to the statute. So if they detain any prisoner being bailable, after sufficient Sureties offered. So if they bail any prisoner which is not bailable; the Sheriff for every of these shall forfeit 40.l. They ought to array their Pannells for the Assizes, six days before, sub poena 40. l. They must deliver copies of such Pannells as they return for Trials, to each party demanding the same, sub poena 40. l. They must return Pannells, as they shall be reform by the justices, sub poena 20.l. They must return none of their servants or Officers upon any jury, sub poena to pay triple damages and 40.l. They must return sufficient jurors to inquire of Riots, etc. sub poena 20.l. They must return due Issues upon every juror, sub poena 20. li. in some Cases, and in some Cases 40. li. If they make a false Return upon a Capias Excom ' they forfeit, 40. li. The Sheriff hath been amercied at fifty marks for his false return of an Exigent. The Sheriff fined at 40. l. for not returning an Habeas Corpora jurator '. Sheriffs not returning, false returning, or misreturning of any Writ, shall pay such fine or amerciament as shall be assessed by the justices. So if the Sheriff returneth a Writ, without setting his name thereto. Sheriffs not making due election of Knights for the Parliament; Parliament. or making a false return thereof, shall have one year's imprisonment, and forfeit 200.l. If they be negligent in making return of this Writ, they shall have one year's imprisonment, and beside shall forfeit 100.l. So if they leave out of their return of this Writ, any City, or Burrough, which ought to come to the Parliament. They must assess according to the statute, every hundred and town, towards the wages of the Knights of the Parliament, sub poena 30.l. If they shall levy upon any town, more than is so assessed, they shall forfeit 30.l. So if they shall not pay and deliver the same, money, etc. they shall forfeit 30. l. They may levy no issue without warrant, Issues. sub poena to be fined to the King, and to pay triple damages to the party grieved. They may levy no debt Debt. for the King, without showing to the party the Estreat of the same, under the seal of the Exchequer, sub poena to be fined, and to pay triple damages. So if they shall levy any duty for the King, or for any subject, without warrant, and shall after convert it to their own use, etc. They must execute the Writ directed to them (upon the Statute of 31. H. 6. cap. 9) for enforcing Women to enter bonds, sub poena 300.l. If any Subject's Cater shall take any goods, or carriage against the will of the owner, the Sheriff upon request, must aid the owner, sub poena 20. l. Replevie. Upon making any Replevin, they must take pledges de prosequendo, ac de Returno habendo, or else they shall answer the price of the cattles or goods, if return be after awarded. Riots. If the Sheriff or (Undersheriff shall not join with the justices of Peace in executing the Statute against Rioters, he shall forfeit 100.l. They must join with the justices in certifying the names of the maintainers, etc. by whose means the truth of the riot cannot be found, sub poena 20.l. They must make due execution of the justices warrant for returning of juries, to inquire of forcible Entries, or Riots, etc. sub poena 20.l. They are to execute the Process of the justices of Peace, granted out against servants departing into other shires, sub poena 20.l. Indictments taken in their Turn, they must certify at the next Sessions of the Peace, sub poena 40.l. They must not arrest any person, nor take or levy any fine or amerciament, etc. of any person indicted in their Turn, without Process or Estreats from the justices of Peace, sub poena 100.l. Sheriffs also may be punished in the Star-chamber for diverse of these their former misdoings, as for their untrue demeanings in making of Panels, & other untrue returns, or for taking of bribes, or undue fees, etc. 3. H. 7. cap. 1. Also Sheriffs in diverse of these and other cases, shall not only be fined or amerced, but also shall be liable to the action of the parties grieved for things misdone, or not done, by them, or by their Officers, for which in part I refer you to my book at large. Solo Deo gloria. Minimis Deus Magnus. FINIS. A Table of the Contents of every Chapter. Sheriffs, THeir Name, Antiquity, and Charge. Cap. 1 What they must first do, scz. 1 Enter Recognizances. Cap. 2. 2 Procure their Patents. Cap. 2. 3 Take their oaths. Cap. 2. 4 Take from the old Sheriff all prisoners and Writs by Indenture. Cap. 2. 5 In full County must read his Patents; and name his Deputies. Cap. 2. Must not be above one year. Cap. 3. Nor be again within three years. Cap. 3. Must be resident in their County. Cap. 3. Must not let their Office. Cap. 3. Their power out of their County. Cap. 3. Their authority absolute. Cap. 4 Their authority Ministerial. Cap. 5 Their Ministerial Office. 1 To keep the King's Rights. scz. His Lands. Cap. 6 His Franchises. Cap. 7 His Suits. Cap. 8 His Rents. Cap. 9 2 To gather for the King His debts. Cap. 10 His issues. Cap. 11 His amerciaments. Cap. 12 His Fynes. Cap. 13 3 To seize for the King the lands and goods of Felons. Cap. 14 Goods wayved of Outlaws, etc. Cap. 15 Treasure Troue, etc. Cap. 16 The profits of the lands of Wards. Cap. 17 Escheats. Cap. 18 Idiots. Cap. 19 4 To execute all Process. Cap. 20 By himself, or his Officers. Cap. 21 Where he is to take notice of the Law. Cap. 21 What persons may not be arrested. Cap. 21.29 The Officers duty therein. Cap. 22 Warrants upon mean Process. Cap. 23 How he shall make execution upon a Statute Merchant. Cap. 24 Execution upon a Statute Staple. Cap. 25 What lands be extendable. Cap. 26 Execution upon a Recogn. Cap. 27 Upon an Elegit. Cap. 28 Upon a Capias ad Satisfac'. Cap. 29 Upon a Levari fac'. ib. Upon a Fieri fac'. Cap. 30 How he is to execute Process, scz. Summons. Cap. 31 Attachment. Cap. 32 Capias ad respond', Cap. 33 Venire facias. Cap. 34 Distringas. Cap. 35 5 To return all Writs and the forms thereof. Cap. 36 Punished for his return. Cap. 37 Making no return. Cap. 38 Returns Mandavi ballivo, etc. Cap. 39.53. Where the Sheriff may enter the Franchise. Cap. 40 Return of Writs. More, concerning the form. Cap. 41.45 Averment against it. Cap. 42 Where, of the force of an Indictment. Cap. 43 Concludes not the new Sheriff. Cap. 44 Where the Sheriff is a party. ibid. Return of particular Writs, etc. Summons of the Assizes. Cap. 46 Summons of the Sessions. Cap. 47 Accedas ad Curiam. Cap. 48 Admeasurement. Cap. 49 Annuity. Cap. 50 Assize de novel diss. ibid. attaint. Cap. 51 Attachment. Cap. 52 Capias ad respond'. Cap. 53 Capias ad satisfac'. Cap. 54 Capias utlagatum. ibid. Capias ad valentiam. Cap. 55 Covenant. ibid. Certiorare. Cap. 81 Corpus cum causa. Cap. 63 Debt. Cap. 56 Detinue. ibid. Distring '. Le defend' 56 Iurat' Cap. 78 Dower. Cap. 56 Droit. ibid. Aetate probanda. Cap. 57 Ejection firmae. ibid. Elegendi milit' Parliamenti. Cap. 66 Elegit. Cap. 58 Estreapement. ibid. Extent sur Recogn', etc. ibid. Exigent Cap. 59 Falso judicio. Cap. 60 Fieri Facias. Cap. 61 Formedon. ibid. guarantee de Charters. Cap. 62 Gard. ibid. Grand Cape. ibid. Grand Distress. Cap. 35 Habeas Corpus. Cap. 63 Habere fac' seisinam. Cap. 56. 63 Habere fac' visum. Cap. 56. 63 Homine Repleg'. Cap. 63 Inquisitions, and their form. Cap. 58. 64 Inquirend' de Dampnis. Cap. 56.77 Levari facias. Cap. 65 Libertate. ibid. Lattitat. ibid. Mesne. Cap. 66 Milit' Parliam. Elig' Cap. 66 Partitione. Cap. 68 Praemunire. Cap. 69 Praecipe quod reddat. Cap. 70 Proprietate probanda. Cap. 70 Proclam' de Summons. ibid. Pone. ibid. Quare Impedit. Cap. 71 Recordare fac' Loquel'. Cap. 72 Redisseisin. Cap. 93 Replevin. Cap. 73 Sur Retorno habend'. ibid. Scire facias. Cap. 75 Secunda superoneratione. Cap. 76 Trespass. Cap. 77 Venditione exponas. Cap. 82. 61 Venire facias. Cap. 78 Habeas corpus Iurat'. Cap. 78 Distring ' Iurator'. ibid. Waste. Cap. 79 Withernam. Cap. 80 Returns all Chancery. Cap. 81 All Exchequer. Cap. 82 Before justices of Peace. Cap. 84 Return of juries. Cap. 85 jurors their number. Cap. 86 Their sufficiency. Cap. 87 Return of issues. Upon the tenant or defendant. Cap. 89 Upon jurors. Cap. 90 What lands liable thereto. Cap. 91 Knights for the Parliament their choosing, and return. Cap. 92 Where the Sheriff, etc. may break open an house, etc. Cap. 94 Where the Sheriff, etc. may take Posse Comitatus. Cap. 95 Baylement of Prisoners by the Sheriff. Cap. 96 Form of such their bond. Cap. 97 Their attendance upon the judges of Assize. Cap. 98 They must assist justices of Peace. Cap. 99 They are to execute the precepts of others. Cap. 100 Proclam' to be made by them. Cap. 102 Their Courts, scz. Their Turn. Cap. 106 Things inquired there. Cap. 107 Their Indictments must be delivered to the justices. Cap. 1● Their authority in their Turn, at t● day. Cap. 1● The County Court. Cap. 11● Appeals sued there. Cap. 11● Their Process, and proceed ther● Cap. 11 Writs of justicies, and their proceeding thereupon. Cap. 11● The Sheriffs authority in making Replevies. Cap. 114 The authority of the County Court, &c Cap. 115 Knights of the Parliament, Coroners, and Verderers to be chosen there. Cap. 116 judgement upon Vtlawries to be pronounced there. ibid. Proclamations to be made there. ibid. The Sheriffs Officers. Cap. 117. etc. Bailiffs of Hundreds. Cap. 120 Bailiffs of Franchises. Cap. 121 Gaolers, Cap. 123 Sheriffs, their fees. Cap. 124 Their Account. Cap. 125 Their dangers. Cap. 129 FINIS.