None but the SHERIFFS ought to name and return JURORS to serve in Inquests before Commissioners of Oyer and Terminer.  
The Statute of 11 H. 4. cap. 9 I find in Rastal's Collection in these words.  
ITem, Because that now late Inquests were taken at Westminster of persons named by the Justices, without due return of the Sheriff, of which persons some were outlawed before the said Justice of Record, and some fled to Sanctuary for Treason, and some for Felony, there to have refuge, by whom, as well many false offenders were indicted as other lawful Liege-people of the King, not guilty, by Conspiracy, Abetment, Imagination of other persons for their especial advantage and singular lucre, against the course of the Common Law used and accustomed before this time:  
Our Sovereign Lord the King, for the great ease and quietness of his People, will and granteth, That the same Indictment so made, with all the Appurtenances to the same, he revoked and anulled, for ever void and holden for none. And that from henceforth no Indictment be made by any such persons, but by Inquests of the King's lawful Liege-people, in the manner as was used in time of his noble Progenitors, returned by the Sheriffs or Bailiffs of Franchises, without any denomination to the Sheriffs or Bailiffs of Franchises before made by any person of the names, which by him should be impanelled, except it be by the Ministers of the said Sheriffs or Bailiffs of Franchises, sworn and known to make the same, and other Ministers to whom it pertaineth, to make the same according to the Law of England. And if any Indictment be made hereafter in any point to the contrary, that the same Indictment be also void, revoked, and for ever holden for none.  
This Statute was made in affirmance of the Common Law, and by the Preamble appears to be enacted upon complaint of the like practices as are now attempted, (viz.) That Jurors to serve on Inquests may be named by such as the Court shall appoint; which would overthrow the most beneficial and necessary part of the Law.  
After this Law was made, till 3 Hen. 8. I presume Mr. Attorney himself will admit that this Law of Hen. 4. ought to have been observed: which if so, then if the Statute of 3 Hen. 8. cap. 12. do not extend to reform Panels of Inquests to be taken before Courts of Oyer and Terminer, this Statute of Hen. 4. is in as full force as ever it was, and so ought to be obeyed by the Sheriffs as well as others. And if the Sheriffs shall obey the Court to serve a turn in a matter of so great consequence, they will be liable to answer for the same, and aught to be punished for betraying their trust.  
Now the Statute of 3 H. 8. is in these words.  
WHereas great extortions and oppressions be and have been within the more part of all the Counties and Shires within this Realm of England, by the subtlety and untrue demeanour of Sheriffs and their Ministers, committed and done unto many persons in great number of the King's Subjects, by mean, and making, and returning at every Sessions holden within the said Counties and Shires for the body of the Shire, in taking and putting in, and returning of names of such persons, as for the singular advantage, benefit, and gain of the said Sheriffs and their Ministers will be wilfully forsworn and perjured by the sinister labour of the said Sheriffs and their Ministers: By reason whereof many and divers substantial persons, (the King's true Subjects) contrary to good equity and righteousness, have divers times and many, wrongfully been indicted of divers Murders, Felonies, and other misbehaviour, by their covin and falsehood, to the utter undoing of their Lives, loss of their Goods, and their Lands: by reason whereof they, and every of them, in avoiding the untrue trouble and vexation, which to them might come and ensue by reason and occasion of the same false Indictments; and also sometime by labour of the said Sheriffs divers great Felonies and Murders concealed, and by the said persons. Also by the said Sheriffs and their Ministers partially returned not presented, be and have been compelled to make Fines and give rewards to the said Sheriffs and their Ministers.  
Wherefore be it enacted, ordained, and established, by the King our Sovereign Lord, and by the assent of the Lords Spiritual and Temporal, and the Commons of this present Parliament assembled, and by the Authority of the same, That all Panels to be returned, which be not at the suit of any party, that shall be made and put in by every Sheriff and their Ministers afore any justice of Goal-delivery or justice of Peace, whereof one to be of the Quorum, in their open Sessions to inquire for the King, shall be reform by putting to and taking out of the Names of the persons which so be impanelled by every Sheriff and their Ministers, by the discretion of the same justices, before whom such Panels shall be returned. And that the same justice and justices shall command every Sheriff and their Ministers in his absence, to put other persons in the same Panel, by their discretions, and that the same Panels so reform by the said justices, be good and lawful. And that if any Sheriff, or any 〈…〉 at any time do not return the same Panels so reform 〈…〉 every such Sheriff or Minister so offending, for every such offence, 〈◊〉 forfeit Twenty pounds' Sterling-money of England; the one half thereof to our Sovereign Lord the King or his Heirs, and the other half thereof to him or them of his Subjects that will sue for the same by Action of Debt at the Common Law, or Bill, or Complaint, where it shall fortune any such to fall and be. And that none essoin nor protection be allowed for the Defendant or Defendants in that Action or Plaints, nor that the said Defendant nor Defendants therein be admitted to wage their Law. And that the King's Pardon shall be no bar against the party and parties in the same, that any such Action shall 〈◊〉.  
By which it does not appear that the Statute of H. 4. was altered in any thing, as to Inquests to be taken before Commissioners of Oyer and Terminer, which is that is at present contested for.  
Now no Peer can be indicted legally for Treason or Felony, before any other than Commissioners of Oyer and Terminer; or in the Kings-bench, as my Lord Coke in his third Institutes, p. 28. saith was adjudged in the Case of Thomas Duke of Norfolk, in 13 Eliz. And then how can this Statute of 3 H. 8. be of any use to carry on the present Intrigues, unless the Sheriffs (which no man can believe) will be so far overawed as to join therein, and make a precedent to the ruin of themselves and the whole Nation, by permitting Inquests to be pannelled to inquire before Commissioners of Oyer and Terminer, to hang the Peers and hazard the Commons.  
I shall only add these words taken out of the Statute 1 and 2 P. and M. cap. 9 and leave the consideration thereof to the Reader. And it is further enacted by the authority aforesaid, That all Trials hereafter to be had, awarded, or made for any Treason, shall be had and used only according to the due order and course of the Common Laws of this Realm, and not otherwise.   

LONDON: Printed for R. Baldwyn in the Old Bailie.