A CAVEATE FOR SHERRIFFS: OR, A Whip for corrupt Officers.  
Whether BAILIFFS of FRANCHISES, or Liberties, Bumms, Bumms Fellows, Bumm Setters, Setters Mates, Scumms and Varlotts.  
Discovering Their unjust Exactions, and cruel Oppressions of the People; And the good Provision made by the Law (now in force) to curb their Exorbitancy, and the Forfeitures and Damages from them that do contrary.  
With PROPOSALS to prevent this horrid Charge and Exaction for the time to come, which may be done with great safety and ease to the People.  
LONDON, Printed in the Year of our Lord, 1655.   

❧ A CAVEATE for Sheriffs, or a Whip for corrupt OFFICERS.  

WHat cruel Exactions, and heavy Oppressions the good People of England have sustained by corrupt Officers and other Varlotts, by forcing from them unjust sums, as also by uncivil usage of their Persons, and abufing their Goods, Without all doubt, there are few or none but are senfible hereof; and many by sad Experience have felt the same, to the utter ruin both of them and their Families, many People so wronged, being ignorant of the Laws and Statutes made to curb their Insolence and Oppression, suffer merely for want of knowledge thereof; Therefore for the better Discovery of the unjust and cruel oppressions of these Vermin, and for giving some light to the abused People, as well as for prevention of these groaning Evils, it will be very requisite to insert here what good and wholesome Laws are now in force against these Caterpillars, and what Damages are given to the Party grieved for every offince committed contrary to the Law.  

In the 29th Year of Queen Elizabeth, amongst other Laws, it was Enacted.  THat it shall not be lawful for any Sheriff, Bailiff of any Franchise or Liberty, nor for any of their Min●●●●rs, Servants or Deputies, nor for any of them, by reason or colour of their or any of their Places or Employments, to receive or take of any Person or Persons whatsoever, DIRECTLY or INDIRECTLY for the serving and executing any Extent or Execution upon the Body, Lands, Goods and Chattels of any Person or Persons whatsoever, more or other Consideration or recompense then xii. d. of and for every xx. s. where the Sum exceeds not 100 l. and vi. d. of and for every xx. s. being over and above the Sum of a 100 l. that sha● so levied and Extended, or delivered in Execution, or by takeing the body in Execution for, by virtue and force of any Extent or Execution whatsoever, Upon pain and penalty, That for every Person aforesaid, or any of their Deputies or Servants, as aforesaid, or any of them, that shall do contrary, to lose and forfeit to the party grieved treble Damages, and forfeit the Sum of 40. l. for every time they or any of them so offend, the one Moiety is to His Highness the Lord Protector, and the other Moiety to him that will sue for the same by Action, Bill or Information; wherein no Essoine, wager of Law, or Protection shall be allowed.  

In the 23 Year of Henry the sixth, and the tenth CHAPTER.  
IT was also provided for prevention of Extortion, Oppression and other Crymes notorious, by Sheriffs, Undersheriffs, and their Clerks. Coroners, Stewards of Franchisees, Bailiffs, and Keepers of Prisons, and other Officers in several Counties;  
That no Sheriff take for any Arrest or Attachment, above xx. d. The Bailiff that maketh the Arrest, to take but iiii. d. The Gaoler, if the Prisoner be committed to his Ward, iiii. d. The Bail Bond upon the Arrest iiii. d.  
And if any Sherriff, undersheriff, Clerk, Bailiff, Gaoler, Coroner, Steward, Bailiff of Franchise or LIBERTY, or any other Officer or Minister, which shall do contrary to the same, shall lose to the Party in this behalf grieved, treble Damages, and shall forfeit the Sum of 40. l. for every time they, or and of them shall so offend; The one Moiety is to His Highness the Lord Protector, and the other Moiety to him that will sue for the same.    

HEre you see what limits former Ages have put, to restrain these Officers from Exaction; now if any Person (as I think few or none but have been bitten by these Serpents) will seek after a Cure for his wound, the Law is his best Phifition.   

But though the prevention of this horrid Charge and Exaction may seem very difficult; Yet this may be offered by way of Caution.  
IF any Man borrow money, or buy any Merchandise or other Commodities whatsoever upon specialty, when he sealeth, or upon Contract, when he so Contracts, to leave with the Party to whom he is engaged, a Warrant to some Attorney to appear for him in any of the Courts at Westminster, where such Plaint may propperly lie, in case of Failer, which Warrant to be Irrevocable, and the Attorney to whom such Warrant is granted, not to refuse the same, but to file his Bail in the Term he is required, after the time limited to the Party for Payment or performance, and to take a Declaration with an Imparlance, the Plaintiff or Defendant paying unto him the due Fees for the same.  
That in Case the Plaintiff in all such Cases, or in any other Case whatsoever, where Bail is requirable, shall doubt of the party's payment or performance, after this mild way, and will have Bail to his plaint, It is offered that the Plaintiff would be so Christian like, before the day of payment or performance of whatsoever it may be; to admonish the party to keep his time, or provide reasonable Bail.  
This Christian Course would keep Goals empty, and make the Varlotts return to their Vomitts, and not to bury men alive as they now do, and swim to the chin in the ruin of whole Families.  
This way will make People buy and deal safe in respect the Law looks upon them the first day of their commerce and Engagement.  


The Warrant of Appearance to be thus.  
To A. B. Gent. one of the Attorneys of the UPPER BENCH.   

If in the Common Pleas, Then thus.  
To A. B. Gent, one of the Attorneys of the Court of Common Pleas.   

WHereas J. M. C. of D. in the County of N. give him his Addition am Bound unto R. F. of O. in the County of L give him his Addition, in o●● Bond or Writing obligatory, of the penalty of _____ Conditioned to pay the Sum _____ of lawful English Money at or upon the _____ day of _____ next ensuing the Date of these Presents. If therefore I the said M. C. shall fail in payment thereof at the time aforesaid, Then upon sight hereof you are hereby Authorised to appear for me, in the said Court as my lawful Attrney, and to take a Declaration, with an Imparlance of the said R.F. Attorney the next Term following the said _____ day of _____ Or in any other Term following, if you shall be thereunto required. And for your so doing, this shall be unto you a sufficient Warrant; and what Fees shall be due to you for the same, I will pay you, or allow the same to R. F. if he shall pay the same.  
Witness my hand and seal this _____ day of _____ 1654. Sealed and delivered to the use of A. B. In the presence of _____     

And so for all other Warrants of Appearance, according to the quality of the thing done between party and party, which may be very easily recited.  
This is a sure way that the Plaintiff may proceed when he please, let the Defendant be where he will.  
This is a great ease to the Defendants, in all first Process, and sometimes to the Plaintiffs, for it so falls out sometimes, that they lose the thing sued for.  
And if no necessity of Bail in the Case, than an Appearance is sure.  
This will prevent Utlawryes ad respondendum.  
The Charges of Arrests are infinite great, Oppressive and delitory many times to the loss of the thing sued for, together with the Charges of suit.  
This Warrant may lie Dormant at the Plaintiffs pleasure, and to be in force in any Term; the Parties being living; which will be of very great use, and induce much to payment or satisfaction, at the Case shall require.  
For he that will not give an Appearance in this nature, or Bail upon notice, as is before expressed, if required, cannot expect any thing of favour from his friend to whom the Demand belongeth.  
This way will probably secure men's Rights & Deuce, and preserve many an idle Person out of the Jaws of the Goalor, who would (if not so near the Goal) be careless, and run away from it; the sooner to fall into it, being negligent of payment, because not in present danger of prosecution.  
It's true, Creditors ought to be paid, and it is as true, Debtors ought to pay; But you know the old Proverb, Where nothing is to be had, the Chief must lose his Right.  
Can a Man make Brick without Straw? Can a man pay before he hath it?  
Put not your Christian Brother upon Impossibilities.  
Measure as you would have measured unto you; This is the whole Sum of the Law.    
FINIS.