CHAP. I. Their Name, Antiquity, & Charge.

COmes, Comes. The Earle or Coun­tee, had antiently the go­uernment of the Countie or Shire vnder the King, and that charge and custodie which the Sherife now hath for the executing of all matters of Iustice, was antiently committed to the Earle.

Vicecomes, Vicecomes. the Sherife, est vicem ge­rens, seu vicarius Comitis, or is as the Earles Deputie, and was first ordained to doe that seruice in the executing of [Page] matters of Iustice within the Countie in the absence of the Earle, which the Earle should doe.

After Earles by reason of their high imployments and atttendance vpon the King (being not able to follow the businesse of the Countie) were deliue­red of that burthen, (onely enioying the honour) and the authoritie for the administration and execution of Iu­stice, which the Earle formerly had, is now committed to the Sherife.

And yet the Sherife hath this his au­thoritie from the King, by his Letters Patents immediately, and not from the Earle.

Subuicecomes.And the Sherife may make his De­putie, scz. his Vndersherife, who in matters concerning their ministeriall Office, at this day wholly executeth the place in the right of the High-sherife.

But where the Sherife hath a iudicial power, or is made Iudge of the cause, there it seemeth hee must execute it in person, and not by his Vndersherife, or other Deputie. See hereof hic, Cap. 4.

Sherifes were long before the Con­quest, Their anti­quitie. and were first ordained by King Aelfred, about An' 872. as some write: yet others thinke them to haue bin long time before.

They are the Kings Deputies with­in their Countie, and their charge Charge. is to defend and keep the Kings peace with­in their said Countie, and to suppresse and punish malefactors there; to exe­cute the commandements, Processe, and Precepts of the King and his Iusti­ces, and to keepe the Kings rights of his Crowne within their Countie.

They are also to bee attendant vpon the King in time of warre; and to cause all the People of their Countie to goe with the King for to defend the Land against the Kings enemies.

They also haue the administration of Iustice (in some cases) committed vnto their charge within their County, scz. within their Tourne they are to enquire of and deale with matters con­cerning the King & Commonwealth, and in their Countie-Court, to heare and determine particular suits & mat­ters [Page] betweene partie and partie.

What manner of persons.They must therefore be men of suf­ficient estate of lands within the same Countie, and such as may attend it wholly.

They are (vsually) to be nominated yearely by the Lords, &c. and after are appointed by the King.

Their election or nomination shall be yerely in the morrow after Al Souls, at the Exchequer.

This Office is determinable Determinable at the Kings pleasure. But it cannot bee de­termined or apportioned as for one Towne or Hundred, or other part of the Shire, but must continue entire for the whole Countie: except where any Town is made a Countie of it selfe, and hath a Sherife within the same Towne, &c.

Neither can this Office bee determi­ned, nor any part thereof, vntill a new Sherife be made, except by death of the King, or of the Sherife.

Neither may the Sherife be abridged of any thing incident or belonging to his Office.

CHAP. 2.

THe new elect Sherife at his en­trance into his Office must first (by himselfe or his Deputie) enter Re­cognisance with sufficient sureties in the Exchequer (in the Kings Remem­brancers Office there) before hee re­ceiues his Patent; 1. Must ent [...] Recogn̄. or exerciseth any part of his Office, sub poena a hundred pounds.

The forme of the Condition of which Recognisance you may see hic, Cap. 125.

Next, he must procure his Patents, 2. Must pr [...] cure his Pa­tents. (from one of the Clerkes of the Chan­cerie) scz.

The Patent of his Office, whereby the custodie of the Countie is commit­ted to him.

The Patent of Assistance, whereby all the Kings Subiects within that Countie are commanded to be ayding to him.

He must also procure a writ of dis­charge [Page] to the old Sherife, to discharge him out of his Office; the which would be deliuered with speed, for vntill that be deliuered to the old Sherife, he may still doe execution of all Processe, or other thing belonging to his Office.

3 Must take his Oathes.Also the new Sherife (before he med­dles in his Office) must take two cor­porall Oathes.

The one, to the Kings supremacie.

The other, concerning the due exe­cution of his office.

These Oathes may bee taken before one of the Iudges of the Assises of that Countie, or before a Master of the Chancerie, or else before Commissio­ners in the Countrie, by a Dedimus po­testatem: The retorne whereof see hic, Chap. 81.

But vntill the new Sherife hath ta­ken these oaths, hee may not intermed­dle in his office.

If he shall exercise his Office before he hath taken both these Oaths, he is fineable in the Star-Chamber.

So if he shall not performe his oath concerning his office (in euery behalfe) [Page 4] he is fineable as aforesaid: besides, it is periurie.

The parts of his Oath concerning his Office, are these.

First, Truly to keepe the Kings rights of his Crowne, scz. his Lands, rents, franchises, suits, &c.

Secondly, Not to respite the K. debs

Thirdly, to doe right to all in all things belonging to his Office.

Fourthly, to acquite at the Exche­quer the Kings Debtors, hee hauing receiued their debt.

Fiftly, truly to serue and returne all Writs.

Sixtly, Nota. Not to haue to his Vnder­sherife any of the Sherifes Clerks of the yeare last past.

Seuenthly, to take no Baylifes but such as he will answer for, and such as be true and sufficient in the Countie.

Eightly, To make each of his Bay­lifes be sworne for the true execution of their Office.

Ninthly, to receiue no writ vnsealed.

Nor any sealed, but by justices ha­uing authoritie, &c.

[Page]10 To suppresse Heresies, (called Lollaries) and to assist the Ordinarie therein. See hic Cap. 100.

11 To bee resident in his Coun­tie, except by licence.

12 Not let to farme his Sherifwick, nor any Bailiwicke.

13 To set and returne reasonable and due issues, after the estate of the parties.

Nota.14 To make the Pannels himselfe, and of persons dwelling neere, suffici­ent, and not suspect nor procured.

15 To execute the Statutes of Win­chester, and of Vagabonds.

Now concerning the statute of Win­chester, the Sherife

1 First, is to proclaime the same statute in euerie Hundred of his coun­tie, and in euerie Market towne (by his Baylifes) foure times in the yeare; yet this seemeth now little in vse.

2 He is to keepe horses and armor, to follow hue and crie.

3 If any suspected persons shall be taken vpon Hue and crie, or by the Constables or townesmen vpon their [Page 5] Watches by night or by day, and shall be deliuered to the Sherif, he is to inroll the same, and to commit them vntill the comming of the Iustices of Gaole deliuerie; and in the meane time the Sherife is to enquire of the offendour by a Iurie, whose presentment therein he must return before the said Iustices, with the bodies of the offendors: But now these Offendors are dealt withall by the Iustices of peace at the Sessions, and therefore the Sherife not troubled with them, (as it seemeth) otherwise than by enquirie in their Torne, which see hic postea Cap. 107.

But concerning the Statutes of Va­gabonds, I see not what the Sherife is to doe by vertue of his Oath, (or Of­fice, by any Statute now in force in that behalfe) saue only to arrest & commit them as suspected persons. Hic cap. 4.

The Sherife also is to take the Oath of Allegiance whensoeuer it shall bee lawfully tendred to him.

The new Sherife (at or before his first Countie Court, 4 Must take all prisoners and Writs. or vpon the writ of discharge deliuered to his predeces­sors) [Page] must take ouer from the old Sherife, all his prisoners (which are in the Gaole) by their names, and all his writs precisely by view, and by Inden­ture to be made betweene the old She­rife and the new.

These Indentures must contain and expresse,

1 All the causes which the old She­rife hath against euerie prisoner (at the perill of the old Sherife) with the pri­soners names.

2 All Writs, with the names of the Plaintifes and of the Defendants, and the dayes of the Retorne.

For the new Sherife shall bee char­ged onely with such prisoners, and with such causes (or Executions) wher­of he shall haue notice giuen him from the old Sherife.

The new Sherife is not bound to re­ceiue any prisoner from the old She­rife, but onely at the Gaole: And yet if the new Sherife shall receiue the pri­soner out of the Gaole, the old sherife is discharged by such deliuerie, and re­ceiuing of the prisoner.

Also the new Sherife may compell the old Sherife to make deliuery by In­dentures, of all prisoners, and of all ex­ecutions against them, and yet if the new Sherife will receiue them other­wise, it sufficeth.

But where the old Sherife shall hap­pen to die during the time of his Of­fice, there without deliuerie or notice, the new Sherife is chargeable present­ly with all prisoners; & is also to take notice of all Writs in the hands of his predecessor, &c. and of the Contents thereof, and of all prisoners, and the causes of their commitment, as it see­meth.

The form of the Indentures for seting ouer prisoners and writs between two Sherifes, see in my booke at large.

Note, that by the death of the king (or by his Resignatio) the authority of the Sherife (and of all his officers) doth determine and cease: And therefore it is vsed presently in the next Kings time, to sue out new Patents of this Office, and of Assistance.

The old Sherife may execute his of­fice [Page] vntill hee hath his Writ of Dis­charge; after he is discharged ( scz. af­ter his writ of Discharge deliuered to him, or deliuered to the Vnder-She­rife sitting in the County Court) nei­ther he nor his Vnder-Sherife ought to make any Warrant for the arre­sting of any man; Neither may they make retorne of any Writ: And yet the Writs which are set ouer in the In­denture betweene the Sherifes, if they haue beene executed by the old She­rif thē they must be retorned by him, or in his name, and indorsed or sub­scribed by the new Sherife, after this manner:

Also if the old Sherife hath serued any Processe, and before the day of the Retorne thereof he be difcharged, (and that it happen to be left out of the In­denture) and feareth that the Writ should be embeaseled by his successor, [Page 7] he may deliuer the Writ so by him ser­ued, into the Court; and thereupon the said Writ shall bee deliuered in Court to the new Sherife, and a speci­all entrie thereof shall be made in dis­charge of the old Sherife.

Also the old Sherife after hee is out of his Office, may notwithstanding by [...]he appointment of the Court, amend any Retorne by him erroniously made.

The old Sherife after hee is dischar­ged, may also sell any goods formerly extended by him whilest hee was in Office.

Plus hic cap. 22.

5 The new sherife at his first County Court holden (after his election, and the discharge of the old Sherife) must cause to bee read his Patent of his Of­fice, and his writ of Assistance; and must also nominate his Vndersherife, and must depute or appoint and pro­claime foure Deputies (at the least) in the Countie, to make Repleuins in the sherifes name; which Deputies must dwell not past twelue miles asunder, in euerie quarter of the Countie one.

Also the new sherif before he returne any writ, must haue a deputie of record in euerie of the Courts of Chancerie, Kings Bench, Common place, and Ex­chequer, there to receiue all writs and Warrants to be directed to the Sherife, &c. sub poena 40. li. and treble damma­ges, &c.

And such Deputies must be made by Warrant of Atturney from the High-Sherife, and in writing.

CHAP. 3.

NO Sherife, (Vnder-Sherife, nor Sherifes Clerke) shall abide in his Office aboue one yere, sub poena 200 pounds.

No Sherife or Vnder-Sherife shall be in the same Office againe (within the same Countie) within three yeres after, &c. sub poena 200 li.

But yet persons inheritable to the of­fice of Sherife or Vnder-Sherife; & the Sherifes and Vnder-sherifes of London and of Bristoll are excepted.

Also the King by his Prerogatiue may grant the Office of a Sherife for yeares, life, or in fee.

Euerie Sherife must dwell and bee resident in person within the County where he is Sherife, during the time of his Office, except he be otherwise licen­sed by the King.

A Sherife hath no authoritie or pow­er within another Countie: Neither may they exercise their Office out of their Countie.

And yet the sherife being out of his Countie, may make a pannell, or may make any Retorne.

Also by force of the Kings Writ (to carrie a prisoner out of the Countie, &c.) the Sherife may carrie or send by baston, his prisoner to the place ap­pointed him, although it bee through diuers other Counties.

Also if a prisoner of his own wrong shall make an escape, and flie into ano­ther Countie, the Sherife (or his Offi­cers) vpon fresh suit may there take him againe.

No Sherife shall let to farme his Of­fice [Page] in any manner; nor his County, nor any of his Bailiwickes, or Hun­dreds, nor any of his Courts, sub poena fortie pounds.

And yet the Sherife may appoint vn­der him his Vnder-sherife, and his Bay­lifes and Deputies, all which doe vse their place in the right of the She­rife, and as his seruants; but they may not be Lessees or Fermors thereof, and so to occupie their place, or take the profits thereof in their owne right.

For the Sherife may not let the pro­fits, issues, or reuenues of his Countie, or the profits pertaining to his Office: Now these seeme to be the fees, annui­ties, rents, fermes, issues, fines, amercia­ments, escheats, estrayes, goods of Fe­lons and fugitiues, and other like casu­all profits belonging to the Sherifes of­fice to gather; and where the King ma­keth one Sherife sine compoto, there the Sherife shal haue these things or profits to his owne vse, otherwise the Sherife shall be accountable for them; and yet he is not accountable for them, sauing in a grosse summe for the ferme of the [Page 9] profits of the Countie. Tamen quaere, See hic ca. 11. & 125.

CHAP. 4. The authoritie and power of the Sherife.

THe authoritie of the Sherife is in some cases absolute or iudiciall; and in some cases ministeriall.

Their absolute or Iudiciall power is in these things following.

By the antient Common Law the Sherife and Coroners were Iudges, and in the Tourne Sherifes, & in the Coun­tie Court the Sherife and Coroners to­gether did hold plea of felonies, and of other things pertaining to the Crown. And in the time of the Saxons, most suits in the Common Law were Vis­countiel, and held before the Sherife in the County court: yea, vntil the Normā Conquest, a iurisdiction of causes Ec­clesiasticke was also exercised ioyntly by the Bishop and sherife, at the county [Page] Court. But now by the Statute of Mag­na Charta cap. 17. no Sherife shall hold plea of any thing pertain [...]g to the Kings Crowne, scz. They shall not hold plea of any Freehold or Lands, nor of any felonie, or trespasse vi & ar­mis, or of any other thing touching the Crowne, or against the peace of the King, his Crowne, or dignity, to heare and determine the same.

And yet Appeales of Felonies, and of Mayhem and Rape, may be sued by Bill, in the Countie Court at this day. Hic cap. 111.

Also the Sherifes in their Court Leet or Tourne may enquire of Treasons, homicides, & other felonies, & of com­mon Trespasses; and in some cases may imprison, fine, binde ouer, or other­wise punish offendors, Hic cap. 109.

In the Countie Court they may hold plea of lands by a Iusticies, but otherwise they cannot.

In their Countie Court they may al­so by playnt hold plea de auerijs captis & detent [...]s, &c. which plea properly belongeth to the Crowne.

In their Countie Court they may take a Recognisance for a deb [...] between partie and partie. Hic cap. 115.

Hee which hath a pardon for any manner of felonie, ought to be bound to the good behauiour before the She­rife and Coroners, &c.

Also by the common Law the She­rife is a principall conseruator of the peace, and therefore vpon request to him made, he may cause another to finde suerties for the peace, and may take the same suertie by Recognisance and that ex Officio.

Yea the Sherife may apprehend, arrest and commit to prison all Affray­ors, and such others as shall in any sort breake or attempt to breake the peace, in his presence and within his Coun­tie; and may cause them to finde sure­ties for the peace.

But yet a Sherife ought not to exe­cute the office of a Iustice of peace in the same Countie, (by force of any commission of the peace) during the time that he is Sherife.

Also euery Sherife by vertue of his [Page] Office may take Posse Comitatus in these cases following: scz.

When any of the Kings enemies shall inuade the land.

When any rebellion, insurrection, or ryot, &c. shall be.

To pursue, apprehend, and impri­son Traitors, Murderers, Robbers, and other Felons, and that as well within Franchises or Liberties, as without.

To execute the Processe and War­rants of the King, and of his Iustices. Plus hic cap. 95.

Also vpon notice of any ryot, vnlaw­full assemblie, Affray, or other offence against the Peace, the Sherife ought to raise the power of the Countie (if need be) to apprehend and imprison such malefactors.

They may arrest and commit to the Gaole all persons by them suspected, which be vagrant, or which shal walke by night or day and be of euill name or fame: And it seemeth they may bind ouer such persons with Sureties by Recognisance, to the next Sessions or Gaole deliuerie.

They may arrest and commit to the Gaole all such as goe or ride armed of­fensiuely, scz. in affray of the Kings People; and may take away their Ar­mour to the Kings vse, and prcise the same by the oathes of some present.

If any Subiects, Purueyour, or Ca­tor shall take any mans goods, or any carriage, against the ownors will, the Sherife vpon request and notice there­of, is to arrest and imprison the offen­dors, &c. sub poena 20. li.

The Sherife or Vnder-sherife, ( sub poena 100. li.) must ioyne with the Iu­stices of peace,

1 To arrest and imprison Ryoters, &c.

2 To record the Ryot in writing.

3 To enquire thereof by a Iurie, if they were gone before the comming of the Iustices and Sherife.

4 And to certifie the King and his Co [...]ncell thereof, if the truth cannot be found vpon such enquirie.

5 If the truth thereof cannot bee found by reason of any maintenance, they must also certifie the names of [Page] such maintainers, and their misdemea­nors, sub poena 20. li.

If any persons shall make resistance or disturbance, to the Sherife (or his Officers) in the execution of the Kings Proces, it seemeth the sherife may pre­sently imprison such Resisters.

Sherifes may baile prisoners in di­uers cases Hic cap. 96.

Sherifes also haue the keeping, and the Cognisance, and the correction of the Assises of bread and ale, and of false weights, and measures, and may enquire thereof in their Tourne, and may adiudge them to bodily punish­ment.

See plus hic postea tit. Torne ca. 109.

Also in the execution of some Writs, (as in a Writ of Redisseisin, in a Writ to enquire of Wast, and in a Writ of admesurement, &c.) the Sherife is both a Iudge and an Officer, and so hath a twofold authoritie: scz.

As a Iudge, to hold plea of the mat­ter, to examine it, to giue iudgement, [Page 12] and in some cases, to commit to prison, yea, and to make out Processe against the offendors.

As an Officer, to execute the Pro­cesse, and to retorne the same.

But this iudiciall or absolute power the Sherife cannot grant it ouer, neither may he execute it by his Vnder-sherife or other Deputie, (as it seemeth) but must sit and execute it in person, al­though it be within a Franchise.

CHAP. 5. The ministeriall Office consisteth principally in these things following:

1. TRuly to keepe the Kings rights of his Crowne, (within his Countie) scz. the Kings Lands, Fran­chises, suits &c. Cap. 6, 7, 8.

2 To gather the profits and monies due to the King within the Countie, Cap. 9 &c.

3 To seise to the Kings vse the [Page] goods of Felons, Fugitiues, & persons outlawed, treasure troue, waifed goods, wrecks, &c. Cap. 14 &c.

4 To execute & returne all writs & commandements directed to him from any of the Kings Courts, Cap. 20, &c.

Note, that whatsoeuer the Sherife shall doe (in these former businesses) Virtute Breuis, scz. by vertue of the Kings Writ, or other Warrant from the Kings Courts is warrantable.

But what he shal do virtute, or colore officij, is not always excusable, or so safe

5 To impanell Iuries, and returne them, Cap. 85, &c.

6 To be attendant vpon the Iudges in their Circuits, &c. Cap. 98.

7 To assist the Iustices of peace, and to execute their Precepts, Cap. 99.

8 To execute the Precepts of other Commissioners, Cap. 100.

9 To execute the Precepts of Esche­tors and Coroners, cap. 100.

10 To assist the Ordinaire in sup­pressing heresies, Ibidem.

11 Duly to keepe his Courts, scz. His Tourne, Cap. 106.

His Countie Court, Cap. 110.

12 To proclaime certaine Sta­tutes, &c. Cap. 102.

CHAP. 6.

FIrst, The Sherife by his Oath is truly to keepe the Kings Rights, scz. that they be not decreased, cancel­led, or withdrawne, be it in his lands, franchises, suits, or other things.

Concerning the Kings Lands.

In antient times Sherifes in their Tornes did enquire of alienations in Mortmaine, and of alienations (by the Kings Tenants) without Licence; and in such cases the sherife might haue sei­sed the lands (so aliened) to the Kings vse, as lands forfeited or escheated.

At this day, where any man shall en­croach vpon the Kings lands, or vpon the Kings Highway, or shall leuie or make any house or building, wall, or hedge, &c. vpon the Kings land or highway, Or shall make any inclosure thereof, these are purprestures, and to be enquired of and reformed by the she­rife [Page] in his Torne; and they may be sei­sed by the sherife into the Kings hands, or may bee pulled downe, &c. Hic Cap. 107. Where without any offence found, or other matter of Record, there is a possession in Law vested in the King, of any lands, &c. scz. where the Freehold is cast vpon him in law, there it seemeth the Sherife, or Escheator, ex Officio, may seise and take the Issues and profits of the same lands, to the Kings vse, making account for the same; As where any lands, &c. shall come to the King by discent, Re­mainder, or Reuerter.

Also the Kings Officer may seise these things following, as Royalties be­longing to the King by his Preroga­tiue, or otherwise comming to the King or Crowne by escheat or forfei­ture, and to answer the issues and pro­fits thereof, &c. As

First, the lands and profits of the lands of aliens, within their Countie.

The lands and profits of such lands as come to the King by Attainder, Es­cheat, and alienation in Mortmaine.

The meane profits of lands for in­trusions and alienations without Li­cense.

But in most cases for Lands or Tene­ments, or the profits thereof, there must first be an office found for the King, ( viz. an enquirie must bee made by twelue men vpon their oath, to finde the Kings title, and the certainty what Lands or Tenements they be, and the yearely value thereof) before the Offi­cer may seise them.

And yet in these cases following, the Sherife or the Escheator may ex officio, (as it seemeth) and without any Office found, seise the same. scz.

In cases where any are attainted (du­ring their liues) of high Treason: (and here they shal forfeit all their lands and hereditaments in fee simple, or fee taile.

So where the Kings Tenant in fee simple is attainted of pettie Treason, or of Felonie, and is put to death, or dieth of himselfe, the Kings Officer may seise the same; for here a possession in Law vesteth in the King.

And in these cases the King shall [Page] haue the forfeiture of their lands from the time of the offence.

Also where a possession in Law of lands, &c. is cast vpon the King by dis­cent, Reuerter, Remainder, or Escheat, vt supra.

So in cases of Wardship and Primer seisin; or during the vacancie of a Bi­shopricke: In which three last cases the possession in law of a Chattell is vested in the King.

But in other cases the Officer may not seise any lands or Tenements, nor the profits thereof, without an office found for the King; or other matter of Record and Processe, scz. a Scire faci­as made out against the parties, and re­torned, &c.

As where the King is entituled to enter for a Condition broken, or for Mortmaine, or for alienation without licence.

So in case where the King is intitu­led to seise the temporalties of a Bishop for a contempt.

So in Cases of Ideocie, Lunicie, and the like.

So where the King is to haue An­num diem, & vastum, of the lands of persons attainted.

Also where an Office is found which doth not intitle the king to the posses­sion by Entry, but onely dy action, there the Officer must first haue pro­cesse or other warrant for to seise the land, &c.

As where it is found by an Office, That the Kings Tenant for life or yeares, hath done wast.

Or that his Tenant in fee simple hath cessed by two yeares.

Or that his tenant in fee, hath made a feoffment by collusion, contrary to th [...] [...]tute of Marlebridge.

[...]ote where the Office is found be­fore the Escheator, there the Escheator is chargeable vpon his accompt.

But of lands whereof the Office is found before Commissioners, there the sherife shall be charged.

And yet neither of them shall bee charged, but where there is an Office found, (or that they shall meddle ex officio, &c.) And where there is an Of­fice [Page] found, they shall be charged onely according to the yearely value found by the Office.

And therefore in all these former cases, where the Sherife shall seise any lands or tenements, or the profits ther­of, it is safest for the sherife that there be an Office first found thereof; or at least for him to haue the kings writ, other warrant of law so to doe.

But the Escheator is more specially appointed for the finding out of the Kings title to Lands, Tenements, and or other things.

CHAP. 7. Franchises.

A Franchise is a Royall priuiledge in the hands of a subiect: And such are euery Libertie or commodity which of their owne natures are apper­taining to the King, and are deriued from the Crowne, and by the speciall gift or grant of the king, are come to a [Page 16] common person, or subiect.

Of these some are more Royall; as authority to pardon Treason, Felony, Vtlary, &c. Or to make Iustices & the like; which none can doe but the King. 27. H. 8. cap. 24.

Some are lesse Royall; as Conu­sance of Pleas, Chases, Parks, Warrens, Fayres, Markets, Toll, Courts, Leets, or Hundreds, Wayfes, Estrayes, Wreckes, Catalla felonum, fugitiuo­rum, & vtlagatorum, the correction of the Assises of bread and Ale, Pillo­ry, tumbrell, and the like; these a sub­iect may haue.

Now if any man doe hold, or vse a­ny of these last sort of Franchises, without, or contrary to the kings grant or lawfull Prescription, it seemes to be enquirable in the sherifes Tourne, as a Purprestor.

Againe as it is parcell of the She­rifes oath to keepe the Kings Franchi­ses, so the Sherife may seise to the Kings vse, ex Officio, many of these things; as namely wayfes, estrayes, wreckes, and felons, and vtlaws goods, [Page] &c. except where some other person hath the same by Charter, or by Pre­scription.

Note in the former cases (Capite precedente) the king is to haue seisin, or possession of the lands themselues, So as the King may let them, &c. But where the king is not to haue seisin of the land it selfe, but is onely intituled to the profits of the lands, there the sherife ex Officio, and without any of­fice found, may seise to the Kings vse, the profits of such lands: As the lands of a Clarke conuict of felonie.

Also the profits of the lands of per­sons outlawed in a personall action, the Sherife (or Escheator) may seise ex offiico. See hic Cap. 15. what the Offi­cer may seise, doe or take, in the name of the profits of lands.

Also goods Goods. and chattels of felons, fugitiues, and the like, the sherife may seise ex officio.

And yet dicitur that the Escheator is rather, and more vsually accompta­ble, for these: And that the Sherife is not acccomptable, or chargeable for [Page 17] these, saue in a grosse summe, for the forme of the profits of the County. See plus hic cap. 14 & 125.

And note that no subiect can haue these things, scz. bona seu catalla felo­num, fugitiuorum, & vtlagatorum, but by Charter, and not by Prescripti­on.

Also Franchises or Liberties seised into the kings hands vpon iudgement giuen in a Quo warranto, the sherife shall answer the profits thereof to the kings vse.

But the Sherife must first haue a writ or precept directed to him for the seising of diuers Franchises, before he may seise them; for that there bee di­uers Franchises which may not be sei­sed, but at the Kings suit in a Quo warranto (which writ is to try the va­liditie of the Franchise, &c.) as Conu­zance of Plees, correction of the Assi­ses of bread, Leets, Hundreds, Fayres, Markets, and the like.

CHAP. 8. Suits.

IT is parcell of the Sherifes Oath tru­ly to keepe the kings suits.

Now Suite is a seruice which a man ought to do, by reason of his land and tenure; & to performe this he ought to go to the Court of the king (or of some other) there to doe that which apper­taineth to the nature of his suite.

And both the Sherifes Courts, scz. his Torne and Countie Court, seeme also to be (both of them) the Kings Courts, by reason that the suite belon­ging to them both is a Suite Royall, and due by reason of Resiancy within the County: And therefore as the she­rife by his oath standeth bound to keepe the kings suits, So inclusiue, hee standeth bound duely to keepe his said two Courts, and to see that all Suitors belonging to the same Courts, giue their attendance, and doe their suit and seruice there.

Besides, the sherifes Torne is princi­pally to cause euery man to appeare there in person, to do their Allegeance to the King, and there to bee sworne the Kings Liegemen; And the sherife there also is to enquire of things per­taining to the King and Common­wealth, and to preserue diuers of the Kings rights, and to reforme and re­dresse diuers common Nusances, and trespasses vpon the presentment of the suitors.

Also by the word Suits may be vn­derstood the kings Suits in law, scz. That the Kings Suits in Law shall bee preferred, and that the sherife for the kings profit therein, is to doe his best endeauour according to his office, scz. That the king bee first payd, and his debt first leuyed, vide hic cap. 10. 19. 25. & 58.

CHAP. 9. Rents.

THe sherife by his Oath is also bound not to assent to decrease, to lessing, ne concealement of the Kings rents.

Now the sherife is Balliuus Comi­tatus, and as a Baylife of a Mannor is to gather vp his Lords rents, so the she­rifes Office is to gather vp within his Bayliwicke the Kings rents and mo­neyes: though at this day for the kings rents this rather belongeth to the kings Rece [...]uers, scz. to gather vp the Ordi­nary Rents of the Kings lands.

And yet if the Sherife shall distraine the Kings farmor or tenant for Rent due to the King, and shall accompt for the same in the Eschequor, it is a good iustification for the Sherife, in an acti­on brought against him for taking the Tenants cattell.

Also the Sherife is accomptable to [Page 19] the King, of all Farmes, Rents, Issues, and profits of the County, which run in accompt vnder the name of Visconti­els; scz for these the Sherif so soon as he is made Sherife is accomptable yet in a summe in grosse.

But for the extreats of the greene waxe, & for Fynes and Amerciaments, Issues, the Kings debts, and such, the Sherife is not chargeable, nor to leuie vntill they be estreated vnto him, or the same without processe or other warrant; and then when he hath leuied them, he is chargeable.

Also for the kings Ordinary Rents, the Sherife (vpon processe to him di­rected for the leuying thereof) may le­uy the same, and that either vpon the body or goods of the Kings tenant, or of his sureties; or vpon the lands of his Tenants, or vpon his heires, or exe­cutors, or other possessors of his lands or goods.

Note that there bee certaine fermes called Viscountiels, for which the She­rife for his time payeth a certaine Rent to the king, and maketh what profit he [Page] can of them; and for these the Sherife is accomptable, vt supra, scz. in a sum in grosse, and presently.

And these Viscountiels are said to be certaine duties of ancient time due to the king, &c. scz. for Castle gard, for the Sherifes ayde, for the Leet fee, &c. And these are commonly called Certainties, which are gathered vp by the Sherife or their baylifes.

CHAP. 10. The Kings Debts.

THe Sherife also vpon Processe (as vpon the greene waxe scz. vpon the Estreat to him deliuered out of the Eschequor vnder the Seale of that Court) is to leuy the kings debts.

And this the Sherife may doe ei­ther vpon the body or goods of the Debtor, or his sureties; or vpon their lands in their owne hands, or in the hands of the heires, feoffees, or any o­ther person clayming or hauing the [Page 20] same from them by discent, or by pur­chase.

Also the Executors, Administra­tors, Assignes, and other possessors of the goods of the Kings Debtor, are chargeable to the kings debt.

And vpon Processe &c. the Sherife may seise, (inroll, praise,) and sell the goods of the kings debtor being dead, that praising of the goods must be per visum vicinorum, &c. and according to the value of the debt.

But goods, or a lease for yeares, sold away by the Debtor bona fide, are not liable thereto.

Also vpon processe, the Sherife may distreine for the kings debt, in all pla­ces within his County; and may im­pound the distresses in a common pound; and after 15. dayes may sell the same away, if the debt be not satis­fied in the meane time.

But if any bring the Tally of pay­ment of this debt in the Eschequor, the distresse shall cease.

Also if the debtor brings the Tally of any Sherife or Baylife, of payment [Page] made to them of the thing demanded, and will find Sureties to appeare in the Eschequor vpon the next accompt, &c. the distresse shall cease.

Also if the Kings Debtor shall finde sufficient Sureties to the Sherife to pay the Kings Debt, before the day of the Retorne of the writ, the Sherife must deliuer the distresse.

These distresses made by the Sherife, must be reasonable, after the value of the debt; and must not be of Plow Cat­tle, nor of Sheepe, if the Officer can finde other sufficient distresse; nor shall be driuen too farre.

The reasonablenesse of the Di­stresse must be by estimation of neigh­bours; scz. That the goods be praised by neighbours.

Note that in these former cases where the Sherife, &c. commeth to leuie or distreine for the Kings debt, hee must first shew to the Debtor (demanding the same) the processe or Estreates vn­der the seale of the Eschequor, for the leuying thereof.

Also the Sherife shall make Tallies [Page 21] or acquittances to all such as shall pay him the debt: And the Sherife must quite the Debtors thereof, at his next accompt in the Eschequor, hic cap, 13.

If the Debt once payd bee another time demanded of the party, hee shall recouer treble damages against the she­rife, &c.

But the Sherife for the Kings debts, &c. doe by any Ecclesiasticall person, may not distreine in the Church., nor in the ancient fees or passions of the Church, nor in the Kings high way, if hee can finde goods sufficient else­where.

Neither may the Sherife distreine or take for the kings debt, &c. due by any Ecclesiastical person, any goods which doe belong to the Church, or to the Pa­rish.

The Sherife may not distreine vp­on the wifes Dower, or inheritance, for her husbands Debt due to the king after the Couerture. So hee may not distreine vpon a ioynt Estate purcha­sed by, or assured to the husband and wife, for this debt due after.

What other goods the Sherife may not distreine or meddle with for the Kings Debt. See hic cap. 15.

But the kings Debtors, their bodies, Lands, and Goods, and their Heires and Assignes, 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 them­selues, their goods, are liable to pay the Kings debts, &c.

Note that the Kings Suits shall bee preferred, and his debts shall bee first payd.

But for the kings Debts, the Sherife is not chargeable or accomptable, nei­ther may he distreine for, or otherwise leuy the same, without Proces, or other warrant.

CHAP. 11. Issues.

THe word Issues (in our Law) see­meth to be taken three wayes, or in three manners to this our purpose.

1 First, For the Issues and profits of lands or tenements; as where the King is entituled to haue the Lands or pro­fits of lands of persons attainted or out­lawed, or for alienation without Li­cence, or in mortmaine, for a condition broken, or the like; whereof postea.

2 Secondly, For such Issues & pro­fits of the Countie which goe vnder the name of Viscountiels, whereof hic Cap. 3. & hic postea.

3 Thirdly, For Issues to be lost for default of apparance, ( scz. by Iurors, or by the Tenant or Defendant, &c.) of which here.

For this last sort, these Issues are sometimes set by the Court, as an A­merciament, fine, forfeiture, paine, or [Page] punish­ment, for default of appearance of Iurors, Mainpernors, or Pledges, and sometimes of Witnesses: And these Is­sues or profits thus growing due to the King, are to be leuied by the Sherife, &c.

Sometimes these Issues are set and returned by the Sherife, to the end to cause an appearance of Iurors, & of the Tenant and Defendant, and these also are to be leuied by the Sherife to the Kings vse.

Sometimes the lands themselues shal be seised by the Sherife into the Kings hands, for default of appearance of the Tenant in a reall Action; as in a grand Cape, or a petite Cape: And in these and the like cases, where by Writ the land is seised into the Kings hands, the King shall haue the lands to his owne vse, and the Sherife shall bee charged with the Issues and profits of the said Lands: from the time that the Lands were so seised by him, &c. Vide hic Cap. 62.

What is contained vnder the name of Issues, See Cap. 89.

How much the Sherife must return in issues vpon the Defendant or Te­nant, see Ibidem.

What Issues he must returne vpon Iurors, Cap. 90.

Vpon whom, and what lands such Issues shall be leuied, Ibidem.

If the Sherife shall returne a Iuror in issues, who is not sufficient, the She­rife is punishable, Ibidem.

So if the Sherife shall returne any is­sues vpon any Iuror or hundred or, which was not lawfully summoned, Ibidem.

CHAP. 12, 13. Amerciaments and Fines.

AN Amerciament is properly a pe­nalty assessed vpon an Offendor by his equals (pro pares) scz. by the Country vpon Oath: or assessed by the Court vpon some Officer of the Court.

A Fyne hath diuers significations; but to this purpose a Fyne is most com­monly taken for a summe of money, which is set or assessed vpon an Offen­dor in some Court of Record, by the Court or Iudge there for some con­tempt or offence, and which the offen­dor doth giue for, and in satisfaction of his offence, default, or contempt.

Againe, that which is assessed by the Court vpon an Officer of the Court for misdemeanor, is called an Amerci­ament Royall; But being assessed vp­on an Estranger for misdemeanour, it is called a Fyne.

All Amerciaments and Fynes (for [Page] misdemeanors▪ contempts, defaults, or other Offence) set or assessed vpon any Offendor in any of the Kings Courts, the Sherife vpon Processe or Estreats out of the Eschequer, &c. is to gather vp the same, and to account for the same in the Eschequer.

Those Estreats must rehearse and shew the cause of the Amerciaments, &c. See hic cap. 90.

What persons, and for what causes men shall be amercied, see my booke at large, & hic cap. 115.

Such lands, and such persons as are chargeable or lyable to the paiment of Issues, shall also bee chargeable to all Amerciaments and Fynes assessed in a­nie of the Kings Courts; whereof see hic antea cap. 11.

But Sherifes shall not bee charged with, nor accomptable for any amer­ciaments, issues, or fynes, other than those for which they shall haue war­rant to leuy vnder the Seale of the Es­chequer.

Neither are they to gather or leuy a­ny amerciaments, issues, or Fines, vntill [Page 26] they haue receiued such warrant or Estreat vnder the seale of the Esche­quer.

The king shall haue all Amercia­ments, Fynes, Issues, and forfeitures lost or forfeited, before any of his Iud­ges or Iustices in any of their Courts or Sessions; Or forfeited in the Courts of Eschequer, of Wards, or of the Dut­chy; or before the Steward of the kings House, the Commissioners of Sewers, and the Clarke of the market, &c. but these must bee first Estreated into the Exchequer, and from thence processe goeth out to the Sherife to leuy the same as aforesaid.

And those Estreats shall mention how much euery one is to pay; and by those Estreats, the Sherife is to receiue the kings debts, and these issues, fynes and amerciaments, and to make acquit­tances or tayles thereof to the parties, and thereof to acquit the Debtors at his next accompt, Hic cap. 10, & 90.

And yet note that the Estreates of the Iustices of Peace be an immediate warrant for the Sherife, to leuy not on­ly [Page] the Fynes and Amerciaments, but also all other issues and forfeitures whatsoeuer arising before them. Hic 125.

The King shall haue all Amercia­ments, fines, issues and forfeitures, for­feited in any of the Sherifes Courts within Wales; and the Sherifes of Wales shall accompt for the same: but not so of other Sherifes in Eng­land.

By the Statutes of 2. & 3. E. 6. cap. 34. it appeareth that Sherifes shall bee accomptable for all Fynes for Aliena­tions and Intrusions, made by the Kings Tenants, &c. within their Countie, as well as for Fines imposed vpon Offendors: And for such Alie­nation or Intrusion (after an Office thereof found) and processe out of the Eschequer receiued, the Sherife or Es­cheator may seise the lands for the fine.

CHAP. 14. Forfeitures.

VVHere the Sherife may seize the Lands, Lands. or profits of the lands of persons attainted for Treason or felony, &c. See hic cap. 6,

For misprision (or concealing) of Treason, the offender being attainted, shall forfeit to the King, the profits of his lands, &c. during his life.

In case of Praemunire, the Offendor shal forfeit his fee simple lands for euer and the profits of his intayled lands during his life.

Felons condemned, or which be fu­gitiues, the king shall haue the meane profits of their freehold lands, from the time of the felony committed, vntill an Office, &c. found for the king; and the yeare and day next after the Office found.

And yet by some opinions the king shall haue the profits of their lands, [Page] but for the yeare and day after their at­tainder,

For pettie Treason, or felony, the King shall haue the profits of their lands intailed, during the Offendors life,

So if Tenant in Dower, tenant by the Curtesie, or Tenant for life, com­mits felony, &c. the king shall haue the Escheat but during his life.

Where the person attainted is seised in right of his wife, the king shall haue the profits of such lands, during the husband and wifes life. Of Lease for life or yeares, he forfeits the Terme.

And in these cases the Officer may seise the profits of such lands, to the vse of the king. See hic cap. 6.

But in cases of Heresie, Coniu­ration, Witchcraft, Sodomie, and the like, there shall be no forfeiture of lands for that the offences be spirituall.

Goods.All goods and chattells, reall, and personall, mooueable and vnmoouea­ble, of persons attainted for treason, fe­lony, misprision, or Praemunire, or for heresie, coniuration, or witchcraft, &c. [Page 28] shall be forfeit to the king. scz. all such goods as they shall haue at the time of their attainder.

And these the Sherife or other Offi­cer may seise ex officio.

And in these and all other forfei­tures, the Towne is chargeable with the goods; and therefore they also may seise them wheresoeuer they be.

It seemeth by Master Glanuile, That in his time, for theft the Sherife himselfe had the felons goods, which were forfeited to his owne vse. But now the Statute de Praerog. Regis, cap. 16. giueth all felons goods to the king, the words whereof are Rex habebit omnia catalla felonum, dampnatorum, & fugitiuorum, &c,

And vnder this word Catalla, bee comprehended Leases for yeares, the issues of lands and tenements, corne growing, debts due by obligation, Sta­tutes or Recognizances, or vpon an ac­compt, goods wrongfully taken from the felon, and stollen goods, and Debts due vpon a simple contract, &c.

An obligation made to two, or two possest of a horse, oxe, or other entier chattell, and the one of them is attain­ted, the king shall haue the whole debt due vpon the obligation, as also the horse or oxe, &c,

But note that alwayes when any for­feiture is of any selons goods, it ought to appeare of Record.

Nei [...]her may the Sherife (or other Officer) seise the goods of any person imprisoned (or indicted) for felony, be­fore he be attainted of the same: but yet the Officer may cause suretie (presently vpon the taking of the felon) to be gi­uen that the goods be not imbeazeled. &c. and for want of Suretie, the Officer may seise them, and may preise them, and deliuer them to some of the neigh­bours of the towne where the goods are, by them safely to be kept vntill the Offendor bee conuicted, or acquited; yeelding to the felon reasonable main­tenance thereout for himselfe and his family; so long as he shall bee in pri­son.

Also where one is found guilty be­fore [Page 29] the Coroner; of the death of ano­ther, or where it is found before the Coroner that one did flye for felony, in these cases the Officer may presently seise vpon their goods, without any conuiction.

And if a man shall flye for felony, though his goods be not thereby pre­sently forfeited, yet the Sherife may seise his goods, and the profits of his lands to the kings vse, vntill the fugi­tiue shall be attainted, or acquited.

Vpon a fugam fecit presented be­fore the Coroner, the goods ought pre­sently to be seised by the Sherife or his Officers, and praised by an Enquest, and the Sherife shall cause the appreise­ment to be entred and inrolled in the Coroners Roll, and shall then deliuer the goods to the Towne, &c. who shall be answerable to the king for the same,

But for the issues and profits of the lands of felons, and fugitiues, the She­rife is chargeable therewith (and not the Towne) and the Sherife shall seise them into the kings hands without ta­king [Page] any Enquest.

A man arraigned for felony, stands mute, or challenges aboue 35, without cause, he shall forfeit his goods.

A Clerke conuict, and a Clarke at­taint, shall forfeit their goods.

A man abiures before the Coro­ner for felony, hee shall forfeite his lands and goods: otherwise where a man doth abiure for heresie, trespasse, or other offence.

A man arrested for felony, maketh resistance, and so is killed, he shall for­feit his goods; and yet no attainder. So felo de se, shall forfeit his goods.

But an infant, Non compos mentis, or a Lunatike killeth himselfe, they shal forfeit nothing.

If a Parson, (or other Ecclesiasticall man) shall commit felony, or shall bee vtlawed, or otherwise shall forfeit his goods, the Sherife, &c. may seise his goods, and his Tythes receiued, where­soeuer they lie or be.

The petty Iury attainted in a Writ of attaynt, shall forfeit all their goods, and the profits of their lands during [Page 30] their liues. Affrayors before any Iu­stice sitting in place of Iudgement, shall forfeit their goods, and the profits of their lands.

So Affrayors in Westminster Hall, sitting any of the kings Courts.

Persons wearing any priuy Armor in the kings Pallace, or in Westmin­ster Hall, shall forfeit their Armour.

Persons riding or going armed Of­fensiuely, forfeit their Armour, and the Sherife must seise it, preise it, and shall be answerable for it. See plus hic, cap. 11 12.52.

CHAP. 14. Other forfeiture of Goods.

GOods stollen and after wayued, scz. left or cast away by the fe­lon (when he is pursued) are forfeit to the king. And the Sherife or any other may seise them to the vse of the king:, but if the felon had not the goods with or about him when he fled, then they [Page] are not forfeit,

Goods confiscate, scz. goods stol­len (or found in the felons possession) which are lost by default of clayming them, or by disclayming them, &c. such goods are forfeit to the king, and the Sherife shall be charged therewith.

So of Goods stollen, if the owner shall not persecute and giue euidence against the felon to attaint him.

Estrayes, scz, where any beast or cattell, or swans commeth within any Lordship, and none knoweth the ow­ner thereof, then it shall bee seised to the vse of the King (or of the Lord, &c.)

But the Sherife or other Officer that shall seise an Estray, ought to pro­claime it according to law, scz. (Once in the Church, and) in the two next market townes.

Deodands, scz. any goods causing the death of a man shall be forfeit.

Note that the Iury which doe finde the death of the man, must also find & preise the Deodand; & the Sherife may presently seise the same for the king; Or [Page 31] may leaue or deliuer them to the town; and the Sherife shall be charged to le­uy the price thereof of the towne, whe­ther the same were deliuered to them to keepe or no.

Goods of Egyptians, the Sherife within one moneth after the arri­uall may seise them to the Kings vse.

And yet euery person that shall proue by two credible witnesses be­fore the Sherife, that any of those goods were craftily or feloniously taken from him, shall be presently restored thereto by the Sherife, vpon paine to forfeit the double value.

A man vtlawed for Treason or fe­lony, shall forfeit his lands, &c. And all his goods which he had at the time of the exigent awarded, or at any time after.

And although he shal be afterwards acquited of the felony, or shall yeeld himselfe vpon the exigent, yet he shall forfeit the profits of his lands, & all his goods, for that such absenting him­selfe, is accounted a flying in law.

Also for vtlary in any personall action, he shall forfeit the profits of his lands, and all his goods reall and per­sonall which he had at the time of the Vtlary pronounced; and the Sherife or Escheator ex officio may seise to the kings vse, all the profits of the lands in his possession, and may mowe, seuer, and take all the corne, and grasse grow­ing, and may take the feede and her­bage of the grounds, and take the rents of his fermors to the kings vse.

But the kings Officers may not med­dle with the possession of the freehold lands, scz. to plow, sowe, grant or let the same.

Neither may they crop any trees, nor cut any vnderwoods (growing vp- the Freehold) nor any other thing which is not cut or taken yearely.

And yet if Tenant for yeares bee vtlawed, the kings Officer may seise that land & terme, and may plow, sow, and occupy the same land, and take all other profits thereof as the termor might.

Also goods which the party vtlaw­ed, [Page 32] hath ioyntly with another, the kings Officer may seise the whole for the king.

Goods bayled (by the party vtlaw­ed) to another to keepe, may bee seised and taken for the king.

The party vtlawed makes his Exe­cutor, and dyeth, his goods in the hands of his Executor may be seised for the King.

A Ward shall bee forfeited by vt­larie.

But no goods annexed to the free­hold shall be seised for vtlary.

Deere in a Parke shall not be forfeit by vtlary in a personall action.

Goods which the party vtlawed hath as Executor, shal not bee for­feite.

Goods demised or letten, nor goods pawned, or lawfully distreined, shall not bee seised for vtlary, quousque, &c.

Also where the Lord of a Mannor or Franchise hath by charter the goods of felons, fugitiues, or outlawes, there the Sherife is not to meddle with, or [Page] to seise such goods, &c.

When the Vtlary with the Exigent is returned by the Sherife into the Court, &c. then is it a good Vtlary to disable the party to sue, &c. And yet before the retorne it is sufficient for the king, and therefore the kings Officers may seise the goods of the party vtlaw­ed presently after the vtlary pronoun­ced, and keepe them.

But the Sherife may not sell the par­ties goods before the Capias vtlagatum commeth to him: And vpon the Capi­as vtlagatum, the Sherife may eyther sell them, or keepe them to the Kings vse.

And yet for that the Sherife (by this writ) is not commanded to sell the goods, therfore if the vtlary be reuersed by a writ of Error, the defendant shall haue restitution therof, (although they were sold) except that the Sherife hath accompted for them in the Eschequor before the Vtlary reuersed. Vide hic cap. 59.

The Sherife may not arrest the bo­dy of him that is outlawed in any per­sonall [Page 33] action, without a writ of Capi­as vtlagatum: But otherwise where the Vtlarie is for Felony or Trea­son.

If the King shall pardon a man who commeth in vpon the Capias vtlaga­tum, before that the partie be satisfied, yet if it bee after iudgement, the She­rife must take heed that hee doth not suffer him to escape vntill the party be satisfied.

Also vpon Vtlarie retorned by the Sherife, a writ sometimes goeth out to the Escheator, to seise the goods and chattells, and the profits of the lands of the partie vtlawed.

CHAP. 16. Treasure Troue.

TRreasure Troue is where any mo­ney, plate, or bullion is found hid­den in the ground or earth in any place, the owner thereof being vn­knowne: And such money or goods the King is to haue; and the Sherife is to seise it to the Kings vse.

Goods wrecked, or wrecke of the Sea scz. Goods cast or left vpon the land by the Sea; the King is to haue (except where the Lord of any Fran­chise, or Mannor, &c. hath it by Char­ter, or by Prescription.)

And where the King is to haue these goods, the Sherife may seise them to the vse of the King, and shall preise them by a Iury, and then he may keepe them himselfe; or deliuer them to the towne where they are found to keepe, and then they shall answer for them.

But the owner hath a yeare and a [Page 34] day (after the seisure by the Officer) to claim thē; so that if any within the yere and day after the seisure, shall proue that the goods were his, they shall bee presently restored to him, paying rea­sonable charges.

And therfore if the goods be such as may be kept sweet & good by the space of a yeere, there the goods must be pre­serued during the yeare, otherwise the Officer which seiseth them is punisha­ble: But if the goods will not keepe so long, there the Officer may sell such goods, and deliuer the money taken for them to the towne to keepe; or else he may keepe it himselfe, and answer for it.

But this claime, and proofe of the property, by the owner is giuen onely where a man, dogge, or some other quicke thing escapeth out of the Ship aliue.

Note that except the Ship doe pe­rish (and be drowned) the goods can­not be forfeite, nor said to be wrecke.

The goods of an infant, woman co­uert being Executor, a man in prison, [Page] or beyond the sea, being wrecked at the sea, and not claimed within the yeare and day, &c. shall be forfeit.

The King also is to haue Whales, and other Royall fishes, &c,

CHAP. 17. Wards, Escheats, Ideots.

BY the Statute de Scaccario made An. 51. H. 3. Sherifes shall seise and keepe 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 bee an­swerable in the Eschequer, when they accompt for their countries: and they might let to ferme, or otherwise such Wards, and Escheates; and might seise their bodies, &c.

Also by the Statute made 2. & 3. E. 6. Cap. 34. it seemeth that Sherifes shal­be accomptable for all Wards, Marria­ges, and Releifes, &c,

But at this day all the Kings Wards [Page 35] are to be within the order, suruey, and gouernance 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 seise their lands, &c.

CHAP. 18.

BY the aforesaid Statute de Scacca­rio, Escheats. Sherifes shall seise the Escheats that fall, to remaine to the King in fee.

If the Kings Tenants (in fee simple) dieth without an heire, and no other person entreth, the King is in by Es­cheate, and hath a freehold without a­ny Office, and the Kings Officer may seise it for the King.

In cases of Heresie, Coniuration, and the like, there is no Escheat, hic cap. 14.

All Escheats within any City, per­teine to the King.

Plus hic cap. 6.7. & 14. concerning Es­cheats, and the Sherifes duty therein.

CHAP. 19.

IF there shall be an Ideot ( scz. a na­turall foole) there may be a Writ a­warded to the Sherife, Ideots. or Escheater, both to examine him, as also to inquire by a Iury of such Ideot, and of his lands, &c.

But there can bee no seisure of the lands without an Office first found; nor of the profits of their lands.

Also the King shall haue the custo­stody of an Ideots body, and goods, as well as of his lands, and that during their liues; prouiding them things necessary for themselues, their wiues, and family.

But all Ideots and their lands, &c. shall be in the ordering of the Court of Wards.

And yet the King nor his Officers ought not to seise the lands (nor the Issues of their lands) of an Ideot, vntill hee bee found an Ideot by an Office.

Lastly, the words of the Sherifes Oath are, You shall truely keepe the Kings rights, and all that belongeth to the Crowne: Now these former (and other the Kings Prerogatiues of the like kind) although they are a great part and portion of the rights, profits, and commodities of the Crowne, yet this Prerogatiue doth not onely extend to such benefit and profits as the King is to haue from his Subiects as afore­said: But also to the Kings person, to free it that it shall not be subiect to a­ny mans suite; and also to his posses­sions, so that they may not, nor can not bee taken from him by any vio­lence, or wrongfull disseisin, and to his goods and chattells, so that they are vnder no tribute, tolle, or custome, nor otherwise distreinable.

And in all these, and other the Kings Prerogatiues, the Sherife is to doe his best endeauour for the keeping and preseruing thereof, so far forth as belongeth to his Office.

Note that the Kings person is so sa­cred, as that no violent hands may in [Page] any case bee laid vpon him: neither may he be sued by action (as a common person or subiect may.) But wheresoe­uer the King shall seise any mans land, or take away any mans goods, (hauing no Title) there the Subiect is driuen to suite his Soueraign by way of Petiti­on onely.

For the Kings possessions, or lands, that they cannot be extended or taken in execution. See hic cap. 26.

So all the Kings lands are exempted from distresses for rent, &c.

For his Goods also, they can­not bee taken for Wayfes, Wreckes, or Estrayes.

The King beeing Nonsuit, &c. can­not be amerced.

That he shall finde no Pledges de prosequendo hic cap. 45.

CHAP. 20.

CHAP. 21.

ALl Writs are vsually deliuered to the Vndersherife, and executed by him.

And yet the High-Sherife may exe­cute them himselfe, or he may by word onely, command his Vndersherife, Bai­life, or other sworne officer, or his own seruant to serue or execute the same.

Or he may make or command any stranger (being neither a knowne nor sworne Officer) to execute it; but then the Sherife must deliuer such a stranger, either the Writ it selfe, or else a Precept or Warrant in wri­ting.

And yet any stranger, by the com­mandement of the Sherife, and as his seruant, may iustifie to serue and exe­cute any Processe, and that without any Precept in writing.

Also the Vndersherife may either execute the Writ himselfe, or else must make his Warrant (in writing, and in [Page 39] the High-Sherifes name) to the Bay­life or other officer to do it; or he may make such Warrant to any stranger.

The Bailife or other Officer to whom any Warrant shall bee directed and deliuered, ought with all speede and secrecie to execute the same.

The Bailife or other such officer must execute the Warrant himselfe, and can command none other to doe it, neither by word nor writing; and yet they may take what number of other per­sons they shal thinke meet to ayd them in the execution of their Warrant.

And so if the High-Sherife shall di­rect his warrant to his Vnder-Sherife, here the Vndersherife must execute it himselfe. Quaere.

None shall be arrested for debt, tres­passe, or other cause of action, but only by vertue of some Processe, Precept, or Commandement out of some Court.

But by the custome of London, vp­on a Plaint or Suit for debt, first en­tred before the Sherifs against another, the Serjeants may arrest the debtor by the commandement of the Sherife, (to [Page] appeare and answer to the suit, and that without any processe, warrant, or Pre­cept in writing.

The Sherife, Vndersherife, Baylife, or other Officer, may (if need be) take Pos­se comitatu, to execute any writ, or o­ther lawfull warrant directed to them, and such as shal not assist them therein, being required shall make Fyne to the King.

The Sherife (or other Officer) is not to dispute the authority of the Court, or Iustice: from whence or whom they shall receiue any writ or warrant, but at their perils are to execute the same.

And yet some cautions are to be ob­serued therein:

1 First, where the Court, or Iustices (out of which, or from whom; the writ or warrant commeth) hath no iurisdi­ction of the cause, the Officer is not bound to execute it, nay may not safely doe it.

2 If the Sherife shall bee comman­ded (coment per breue le Roy de south son priuy scale) to surcease the Executi­on of any writ to him directed out of [Page 40] any of the Kings Courts, the Sherife may not safely surcease thereupon: For (by Law) the Sherife by no writ may surcease, &c. but onely by writ or war­rant out of the same Court out of which hee had his first commaunde­ment, 4. E. 4. fol. 17. & 14. E. 3. Fitz. Retorn de vic. 89.

CHAP. 22. The Officers dutie.

THe Sherife, Baylife, or other Of­ficer (to whose hands any Writ or Warrant shall come) ought with all speed and secrecy to execute the writ or warrant deliuered to him. And in the execution thereof hee is truely to pursue the effect of the same writ or warrant in euery behalfe, and according as the same commandeth.

A sworne and knowne Officer, needs not to shew his writ or warrant when he commeth to serue it; but then hee ought to declare the contents thereof, ( scz. at whose suite he maketh the ar­rest, &c. for what cause, out of what Court, and when it is returneable) to [Page 42] the end the party may free himselfe by payment, &c. or by finding sureties. Yet this declaring of the contents of the warrant by the Bailife or other Officer must bee vnderstood when the other party yeelds himselfe to the arrest, and not when the partie maketh resi­stance.

A speciall baylife, or the Sherifes or Vndersherifes seruant (being no sworn baylife) must shew their warrant to the party demanding it.

And it is safe for euery Baylife (or Officer) to keepe their warrants by them, thereby to make iustification if need be.

An Officer giueth sufficient notice what he is, when he saith to the party, I arrest you in the Kings name; and the party ought to obey him (at his peril) though he knowes not him to bee an Officer,

If the Officer commeth to arrest a man, and he flyeth, the Officer may pursue him, and take him againe, though in another County: But if he were arrested, and then flyeth, the Of­ficer [Page] may not onely pursue and take him, but may also iustifie to beate him if he resisteth,

If there be two or moe of one name; the Sherife may retorne 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 mans 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 commeth 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 suite or playnt bee en­tred, the Sericant is punishable,

If the Sherife, &c. shall make anie warrant (to arrest or summon, &c. any person) without an originall writ as­well the Sherife or other party that made such warrāt, as also the procurers thereof, shall be punished to the king, and party grieued.

And yet if a Capias, &c. shall come [Page 43] to the Sherife without an originall, and the Sherife shall make warrant thereup­on, or otherwise execute the same, he is excusable; and the arrest thereupon made is good.

If the Sherife shall make his precept to the baylife of a Liberty, reciting that he hath receiued the Kings writ to take the body of such a man, whereas there came no writ to the Sherife, this is a good excuse for the baylife, and the party is to haue his remedy against the Sherife.

An Atturny maketh a Capias dire­cted to the Sherife, where there is no o­riginall, the Atturny shall be grieuously punished.

If the Officer arreste [...]h one vpon a Capias, and after retornes non est inuen­tus, he is punishable.

After the Officer hath arrested a man, if he suffereth the prisoner to go at large to seeke sureties, &c. Or to goe by bayle or baston, yet it is an escape, and punishable, though the prisoner shall come againe.

And if the prisoner commeth not [Page] againe (at his day) yet the Officer can not after take or arrest him againe vpon his former writ or warrant.

Where a man is in Execution for Debt, and the Sherife or Gaoler lets him goe at libertie for a time, and then to retorne, and hee commeth a­gaine at the time, yet this is an escape, and the Sherife shall be charged for the debt,

But if the prisoner had escaped of bis owne wrong without the Officers consent, the Officer may take him a­gaine, when and wheresoeuer hee shall find him.

Old Sherife.If an Officer shall arrest a man by vertue of a warrant from the old She­rife after he is discharged, an action lyeth both against the Sherife and Of­ficer.

So where any man not hauing au­thority, shall make a warrant to arrest another, and thereupon the Officer shall arrest the party, the action lyeth aswell against the Iudge, &c. who made such warrant, as against the Of­ficer.

If a man be imprisoned vpon a war­rant from a Iustice of peace (for some riot, forcible Entrie, for the peace, or the like) and after a Capias (or other writ) commeth out of the kings court, to the Sherife to arrest the same per­son, the Sherife vpon the Capias must retorne this speciall matter, and must haue the body of the prisoner in Court at the day, whence after his answer put in he shal be remitted by the Sherif into the country there to make answer be­fore the Iustices of Peace,

Note when a man is in the Sherifes custody by proces of law, or other law­full warrant, and after another writ is deliuered to the Sherife, to take the bo­dy of the same man, the Sherife is now chargeable with him vpon both the writs; and if the Sherife shall refuse to take the second writ, or shall not keepe the prisoner thereupon, it is an escape in the Sherife.

Also note that any subiect of this Realme may be sued (and arrested) be hee bond or free, woman or infant, The person. or Religious person, or be they outlawed, [Page] excommunicated, or any other with­out exception, See Plus hic 21. & 24.

And yet the body of a Noble man may not be arrested vpon a Capias in processe; but vpon a contempt they may,

Place.The Sherife (or other Officer) may execute the Kings Writ within the Churchyard or Church, so that it be not done to the disturbāce of diu ne seruice.

But no man may arrest any Mini­ster, &c. which is doing any Diuine Seruice.

The Sherife (or his Officer) may ex­ecute any proces, Time. or doe any other Mi­nisteriall Act vpon the Sabbath day, at the suit of the king, or of the subiect.

The Sherife (or his Officers) may also execute any proces, or do any o­ther Ministeriall act in the night time.

But the Sherife, nor his Officers, may not breake open any mans house in the night time, to execute any proces or to doe any other ministeriall act: or the law giueth no colour to breake a mans house by night.

Vpon a Capias or Latitat, &c. the Sherif or his officers may arrest the par­ty the same day in which the writ is re­tornable, or which is the day of appa­rance ( 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 Plain­tife for his whole dammage.

Note that Writs concerning com­mon Plees (Reall, or personall) are of two sorts, scz. Praecipees, or Si fecerit te Securum, &c.

Vpon Praecipees the Sherife is to command the defendants to doe some­what in certen, which the Plaintife sueth for, which if he doe not, then the Sherife is to serue the processe.

But vpon Si fecerit te Securum, the Sherife is to serue the processe without more adoe.

CHAP. 23. Warrants vpon meane proces, their formes.

THe Sherife or his Vndersherife, to whom any meane Processe or Writ shall be deliuered, are either to execute it themselues, or else are spee­dily to make out warrants to their bay­life or other Officers for the execution thereof.

And these warrants must bee made according to the seuerall natures of the Writs, which for the substance will di­rect them therein.

But whether these warrants be made in Latin, or English, it is not mate­riall, so that they bee made in due forme,

CHAP. 24. Executions how to be done and executed. And first vpon a Statute Merchant.

VPon a Statute Merchant, Statute Mar­chant. the She­rife vpon the Capias must first take the body of the Conusor or Deb­tor, if he be a Lay-man (and can bee [Page 48] found;) and must keepe him safely in prison, vntill he hath satisfied, (or a­greed for) the debt and damages.

And after halfe a yeare (which time is giuen to the debtor being taken to sell his lands and goods to pay his debts) if the debt be not satisfied, then vpon an Extendi fac' the Sherife shall by a Iury preise the lands and goods, and then shall deliuer all his lands and goods to the Creditour, by a reasona­ble rate, extent or value; and yet the body shall remaine still in prison, vntill the debt be paid.

Also vpon the Capias, if (the party canot be found, and that) a Non est inuentus bee retorned by the Sherife, an Extent (or Extendi facias) shall goe out, (against the Conusors lands and goods, and against his body) vpon which the Sherife shall presently cause all the Conusors lands and goods to be preised by a Iury, and to be deliue­red to the Creditor; or else hee may cause the goods to be sold so far as the debt doth amount, and the debt to be presently paid to the Creditor.

And the Sherife shall deliuer the same lands and goods, to the Creditor at a reasonable price ( scz. as much as doth amount to the debt, &c. And here if the Sherife shall retorne that he hath extended the lands, &c. he must retorne further that he hath deliuered the same to the Plaintife. Hic cap. 58.

If the preisors of the lands or goods, ( scz. the Iurors) doe ouer value them, then shall the same lands and goods be deliuered to the same preisors at the same price, and they forthwith shall be answerable vnto the Creditor for his debt or duty contained in the Statute Merchant, and chargeable with the payment thereof at such dayes, as the Rents or reuenues are payable or recei­uable.

CHAP. 25. Execution vpon a Statute Staple.

VPon a Statute Staple, the Sherife vpon the Writ of Execution shall [Page 49] take the body of the Conusor ( si laicus fit, &c.) And shal also presently by a Iu­ry, extend and value or preise his lands, Tenements, goods and chattels.

But the Sherife must seise the lands and goods into the Kings hands, and shall retorne the same extent and Pre­sentment into the Chancery; whereup­on a Liberate shall come to the Sherife to deliuer those lands and goods accor­ding to the same Extent or Preisement to the Conusee (if he will) to the value of his debt and damages, &c.

And so note that vpon a Statute Staple, the Extent and preising of the lands and goods of the Conusor shall be first made and retorned by the She­rife; But the Sherife shall make no de­liuery thereof to the Conusee till the Liberate come; vpon which Writ de­liuered to the Sherife, hee shall then (without any other Inquisition) deli­uer to the Conusee such lands and goods as were before taken in executi­on, and according to the former valu­ation by the Iury.

And the Sherife hauing taken the [Page] body of the Conusor, must keepe him safely, vntill he hath satisfied the debt and damages, or otherwise agreed for the same.

If the preisors of the lands or goods doe ouer value them, then they shall be deliuered to the Preisors, and they shall be answerable to the Creditor, as in case of a Statute Merchant.

The Sherife vpon an Extendi faci­as (to haue execution vpon a Statute Staple) doth extend the lands of the defendants, and preiseth his goods, and seiseth them into the Kings hands ac­cording to the Writ, but before the de­liuery thereof to the Conusee another writ of Praerog. commeth to the Sherife out of the Eschequor for the King, to leuy a debt for the King, the Sherife must first leuy the Kings debt, and to retorne that Extent into the Es­chequor; for the King by his Praero­gatiue shal first haue execution of those lands and goods; for that the property of the goods, nor possession of the lands, are not in the Conusee, vntill they be deliuered to him by the Li­berate. [Page 50] Plus hic cap. 58.

Also note that the King shall be pre­ferred in all his suites and executions, before any subiect, scz. if his suite bee commenced before the other hath iudgement.

Againe, for the Kings debt by spe­cialty not onely the body of the Deb­tor, but also his lands and goods in his owne hands, or in the hands of his heires, assignes, executors, administra­tors, or possessors are lyable. hic cap. 10. Yea the heire in Tayle is charge­able.

And all obligations and specialties made to the King for any cause, shall be of the force of a Statute Staple.

CHAP. 26. What lands shall bee extended, or taken (by the Sherife) in execu­tion vpon a Statute, in case of a common person.

VPon a Statute Marchant or Sta­ple, all fee simple lands which the Conusor had at the time of the Statute acknowledged, or at any time after, are extendable, into whose hands soeuer they shall come.

In a writ of Debt, execution shall be of any land which the defendants had the day of the iudgement giuen.

Lands intayled are lyable onely du­ing the life of the Conusor.

But if he sells the lands, then are they liable in the hands of his feoffee.

A Lease for life, or yeares is exten­dable.

The wifes lands are extendable du­ring the Couer [...]ure.

Lands in Ancient Demesne are [Page 51] extendable: quaere tamen.

Copihold lands are not extenda­ble.

A Rent may be deliuered in Exe­cution.

But an Anuitie cannot be deliuered in Execution; Nor any other thing which may not be granted or assigned ouer.

Lands come to the Kings hands can not bee extended: and so all other the Kings lands are exempted from ex­ecutions.

Reuersions and Remainders shall be extended, eum acciderint.

If the Conusor be taken and dyeth in prison, yet his lands and goods may be deliuered to the Conusee in execu­tion.

If the Conusor escapeth out of pri­son, yet his lands and goods may bee extended, &c.

If the lands be in execution to ano­ther man; or that another is in posses­sion of the land by Discent; the Sherife may not put them out of possession without a Scire facias: And therefore [Page] in such cases the Sherife ought first to retorne such speciall matters vpon the writ de Extendi facias, Vide hic retorn de Elegit.

Goods.All the goods and leases for yeares which the Conusor or Debtor had the day of the Iudgement, or at the time of the Statute or Recogn' acknowledged shall be extended (by some opinions:) But yet by the better opinion, onely such goods as he had at the day of the execution awarded or sued, Plus hic cap. 20.

CHAP. 27. Execution vpon a Recognisance.

VPon a Recognisance, the Sherfe is to extend the moytie of all the lands, &c. which the Conusor had at the time or day of the recognisance ac­knowledged, or at any time after; but this is after the Scire facias retorned by the Sherife, and thereupon an Elegit a­warded to the Sherife.

And this Extent of the moytie of the lands, shall be made by the Sherife, by meetes and bounds.

Also the moyty of the lands which the Sherife hereupon shall deliuer to the Conusee, shall be to the Conusee vntill the debt be payd or leuyed at or by a reasonable rate out of the annual rent of the land.

Also the Sherife (vpon a Recogni­sance) is to extend all the goods and chattels of the Conusor; except his plow, cattell, and implements of hus­bandry.

And this extent (or valuing & prei­sing of the lands and goods of the Co­nusor vpon a recognisance) must also be by an Inquisition or Iury of 12. men which the Sherife (in such cases) must charge to make enquiry according to the writ.

And if the preisors of the lands, or goods, ( scz. the Iurors) doe ouerualue them, then they shall be deliuered to the Preisors, and they shall be answera­ble to the Creditor for the debt, as in case of a Statute Merchant.

CHAP. 28. Execution vpon an Elegit.

BY force of an Elegit, the Sherife may take in Execution, & deliuer vnto the creditor, the one half of all the Lands, Tenements, and Rents of the Conusor or Debtor (at a reasonable ex­tent) and all his goods and chattels, except his Plow cattell) vntill the debt be leuyed vpon a reasonable price, or rate, scz. so that the Conusee (out of the goods and yerely rent of the lands) may be satisfied his debt in some reaso­nable time.

And vpon the Elegit the Sherife may deliuer in execution the moyetie of all such houses, lands, tenements, and rents, as the debtor had at the time or day of the Iudgement giuen, or at any time after.

And the execution shall bee made (by the Sherife) of the moyety of the lands, by meets and bounds.

The Extent or valuation of the lands, &c. and the appreising of the goods, ought to be by a Iury, &c. for the Sherife himselfe (in these and the former cases of a Statute or Recogni­sance) can not appreise the goods, nor value and extend the lands; neither may he deliuer any goods in execution (vpon an Elegit, Statute, or Recogni­sance) or extend any lands, but such as are preised, &c. by a Iury.

But vpon an Elegit, if the Lands or Goods be ouerpreised, the preisors or Iury, are not chargeable, nor shall haue the goods deliuered to them, as in case of a Statute.

Note that in all cases where the She­rife is to extend, value or preise any Lands or Tenements, or any Goods, the Sherife and the Iurors may lawful­ly goe together to the Lands, &c. to be extended, or into the house or vpon the grounds where the goods be, and there may value and preise them: But the Sherife may not breake open the doores, or gates to this purpose.

Coppihold lands shall not bee deli­uered [Page] (by the Sherife) nor extended vp­on an Elegit.

Nor lands in ancient Demesne shall not be deliuered in execution by force of an Elegit.

The Lands of a Bishop, or Lands which a man hath but during the Co­uerture, may be deliuered in Execu­tion vpon an Elegit.

Vpon an Elegit, if the Sherife shall extend a Lease for yeares (the Iury (which he shall cause to enquire there­of) must finde the beginning of the Lease, and also the certenty of the terme to come.

And this certentie of the Terme ought to appeare vpon the Sherifes re­torne of the Inquisition.

But vpon a Fieri facias, the Sherife may extend and sell away the Lease or Terme without reciting any certenty, scz. the Sherife may (in his sale therof) recite that the Debtor hath a Terme of such a Close, pro termino diuersorum annorum adtunc ventur': and that he selleth the same to I.S, by force of the Furi fac, &c.

But if the Sherife will take vpon him to recite the Terme, and recites it false­ly, and so selleth the same Terme, such his sale is void; except withall the She­rife selleth also, all the Interest which the debtor hath in the same land.

Also the Sherife ought not (or at least needeth not) to mention any cer­tenty of the Terme in his Retorne of the Fieri facias, but generally quod fie­ri fecit de bonis & catallis, &c.

And the Sherife hath election either to sell quite away a lease for yeares re­maining in the debtors hands; or else he may onely extend and deliuer the same terme or lease to the Conusee at a certaine yearely value, which last see­meth to be the most indifferent course, for that there still remaineth a property in the Conusor, so as vpon payment of the debt he may haue his terme or lease againe.

Note that no stay or delay of any execution shal be vpon any writ of Er­ror, or Supersedeas, except there be se­curity first giuen to the Plaintife (in the Court where the Iudgement shall [Page] be giuen) to prosecute the Writ of Er­rour with effect, & to satisfie the debt, dammages, and costs, &c. 3. Iacob. Cap. 8.

Plus hic Cap. 58.

CHAP. 29.

CHAP. 30. Execution vpon a fieri facias.

VPon a fieri facias, the Sherife is onely to take in execution the goods & chattels of the defendant, scz. his leases for yeares, (of houses or lands) and his corne growing, or sowne vpon the land, or his moueable goods, as corne in the barne, cattell, [Page] houshold-stuffe, money, plate, appar­rell, &c.

And here the Sherife may either keepe the goods himselfe, making his retorne accordingly; or the Sherife may deliuer the goods (or money for the same being sold) to the plaintife in execution; or rather the Sherif may sel the goods, and bring the mony into the Court, and so the Court to deliuer it to the Plaintife.

And vpon the fieri facias, the She­rife needs not to preise the goods by a Iury; but the Sherife himselfe may sell the goods as well as he can; and yet to preise them by a Iury, and then sell them, is more indifferent and safe.

Vpon a Fieri facias, the Sherife may sell a Lease or Terme for yeares, with­out (enquiry of the value by) a Iu­rie.

Note that the Sherife is commanded and compelled by this writ of fieri fa­cias to sell the goods of the defendant: And the property of the goods seised by the Sherife vpon this writ, are not [Page 58] altered by the seisure, but by the She­rifes 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, &c. ad respond, &c.

And here though the iudgement be afterwards reuersed in a writ of Error, yet the defendant shall haue no restitu­tion of his goods, but onely shall haue the value thereof as they were sold; and the buyers thereof shall quietly enioy them, because the Sherife had lawfull authority to sell them,

Vpon a fieri facias come to the She­rifes hands against A. If A. shall hap­pen to die before the writ be executed, here the Sherife may execute the writ vpon the Executors, or Administrators of A. Or the goods of A, comming to the hands of any stranger, the Sherife may leuy or make Execution of these goods in the hands of the stranger.

But the Sherife (or other Officer) must be carefull that they take none but the defendants or debtors owne goods in execution: for though they [Page] shall finde them in the possession of the defendant, yet if vpon triall they shall be found to be none of the defen­dants goods, then 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 bee doubtfull to the Officer, whether the goods bee the defendants or no, let the Sherife take heed that he retorneth not that he hath taken so much goods of the defen­dants, and that he hath Denarios illos paratos ad reddend, &c. for so he may be charged double for them, scz. both to the Plaintife, and to the defendant for the same goods.

But let the Sherife either keepe the goods himselfe vntill the parties bee a­greed: Or else let the Sherife take secu­ritie of the Plaintife to saue him harm­lesse, &c. And to stay the retorne of his writ vntill he be well aduised what to doe therein.

Or rather where the property of the goods is doubtfull, it is safest for the Sherife, either not to meddle at all [Page 59] with such goods as shal not plainly ap­peare to him to be the proper goods of the defendāt; or else to enquire by a Iu­ry in whom the property of the goods be; for the Sherife or Officer at his pe­rill must take knowledge in whom the property is; but being found by the Iury, it excuseth the Sherife.

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 gaged or pawned for debt, can not be taken by the Sherife in exe­cution: nor goods demised or letten for yeares, nor goods distreined.

Vpon a fieri facias, if the Sherife shall leuy the money, and shall keepe the same in his hands still, the partie Plaintife may haue his action of ac­count against the Sherife.

And if the Sherife shall returne fieri feci, sed non inueni Emptores, then a venditioni exponas shall goe out; mes la party nauera vnques vn nouel Exe­cution.

Note that vpon a fieri facias to le­uy xx.l. if the Sherife retorneth fieri fe­ci x.l. quàs habeo ad diem, &c. at which day he hath not the money, and then a new Sherife is chosen; here the Plain­tife shall recouer that x. l. against the old Sherife, &c.

CHAP. 31. Summons.

ALl Writs or Processe concerning the Common Law, shall be awar­ded vnder the great Seale of England; and shall bee made out in the Kings name onely,

Summons is a writ directed to the Sherife, commanding him to bring in the party by a day, or to cite or warne the defendant or tenant to appeare at a certen day to answer to the plaintife or demandant.

This Summons ought to bee made by (or in the presence of) two Sum­moners (at the least) being neighbours, [Page 60] & liberi & legales.

In Reall actions the Sherifes order to execute this processe (of Summone­as) is to goe himselfe, or to send his baylife to the land, with the Summo­ners, and there to cite or warne the te­nant or party, by sticking vp of a white sticke in his land, which being done, the Sherife must retorne two common Pledges for the Plaintife, and then the names of the Summoners thus.

Responsio A. B. vic' Com' infrascr'.

Pleg' de prose­quendo

• Iohannes Doo.
• Richardus Roo.
  See hic cap. 45.

Summonit' infranom' I. S. (the defendant

• Rich. Den.
• Hen. Fen'.

This Summons or warning of the defendant to appeare and answer, &c. is so necessary by the Common Law, as that without the same, all the procee­dings, yea and the Iudgement after, are oftentimes made frustrate, and be­sides [Page] the Sherife subiect to punish­ment.

In Reall actions the Sherife (or his Officer) must summon the tenant or defendant vpon the land, demanded (be he tenant thereof, or no) and this summons to the tenant must be first to keepe his day of the retorne (naming that in certen) to answer to the de­mandment, &c.

Secondly, to shew the name of the demandant.

And lastly, to name the land in de­mand.

And in writs of Summons the She­rife may not alledge or retorne Non te­nancie, in him whom the writ suppo­seth to be tenant.

In a Petite Cape the Sherife must summon the tenant to answer to his default onely.

But in a grand Cape the tenant shall be summoned to answer to his de­fault, and further to the demandment.

And the Sherife may come vpon the land with the Summoners, and there summon the party, yea if the [Page 61] Sherife by information of the deman­dant shall summon the Tenant in ano­ther mans lands, the Sherife shall bee excused for such his Entree, &c.

But the Summons (in a Precipe) ought alwayes to bee done in the day time ( scz. betweene Sunne-rising, and Sunne-setting,) and not in the night.

Where the action is to reco [...]er the free-hold of land it selfe, the Summons must be made in the same land.

Where the action is brought against one as heire, there the Summons must be in land that did discend.

Vpon a Precipe, if the defendant be not tenant of the land in demand, yet the Sherife is to summon him vpon the land in demand, eo quod petens testatur quod tenens est.

So he in reuersion shall be summoned in terra petita, although it be another mans freehold.

But the party can not be summoned by a rent seruice, rent charge, com­mon, nor the like, for that the soile is another mans freehold; nor by his goods.

And yet in Assises of of Nouel dissei­sin, and Nusance, where the originall proces 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 wherupon he may be summoned, there the Sherife may summon him by his person; as in actions of annuity, coue­nant, or the like.

In a writ of Right of Aduowson, as also in a Quare impedit, the Sherife may Summon the defendants in the Church.

In a Praecipe against 4. if the Sherife summoneth one, that is a Summons to all, Tamen vide hic cap. 70. that al must be summoned.

In an action of debt brought for dammages recouered in a Writ of En­trie, &c, the Summons shall be to the person.

And so in all personall actions, the Sherife must Summon the defendant by his person.

In a Scire facias against a Clerke, [Page 62] the Sherife is to summon him onely by his land, if he hath any Lay fee; or else by his person; but not by his goods.

If the Sherife shall retorne one sum­moned, who was not summoned, the Sh [...]rife is punishable, hic cap. 70. & 85.

Note that in euery writ, the defen­dant ought alwayes to bee summoned 15. dayes at the least, before the day of the retorne of the writ.

By the booke called the Mirror of Iustices, reasonable Summons is when it is testifiable by two lawfull free wit­nesses, neighbours, and made to the person, or at the house or tenement conteyned in the demand, with war­ning of the day, place, party, Iudge, and of the action, and with reasonable re­spite at the least of 15. dayes, to make their answer, &c.

Note also that the Sherife cannot summon himselfe, nor serue any other proces vpon himselfe, hic cap. 44.

CHAP. 32. Attachment.

AFter the Summons, if the tenant or defendant commeth not in, then there issueth an attachment, which is a Proces authorizing the Sherife to goe to his house, or land, and there to take Surety by pledges; or to attach him by his hoods; to the end that hee shall appeare and answere to the Plain­tife or demandant.

So that vpon the attachment, the Sherife (or his Officer) may either go to the parties house, &c. and there take of him Sureties or Pledges for his ap­pearance, yet these Pledges are not to be bound in any summe, but onely to giue their words for the appearance of the party and if he shall not appeare, then these Pledges shall be onely amer­ced.

Or the Officer may attach the party by his goods, citing him to appeare [Page 63] and answer such a day, at such a mans suit, in such a Court, and for such a cause, &c.

Or if the Officer shall onely giue warning to the tenant or defendant, (in the presence of two others) to appeare such a day, in such a Court, at such a mans Suite, &c. it is good enough.

A Clerke or Ecclesiasticall person may not be attached by his goods; but must bee summoned or warned by his person, or vpon their lands if they ha [...]e any lay fee.

The tenant or defendant can not be attached by his land; nor by any parcell of his freehold, as by a clod, &c. nor by any chattel reall.

Neither may a table dormant, or any other thing which is fastened to the freehold be attached (as a furnace, doores, windowes, waynescots, pales, or the like:) and if the Sherife shall at­tach a man by any such thing, he is pu­nishable.

But an attachment ought to be made by such goods of the defendants owne proper goods as are moueables, scz. by [Page] meere chattells personals, which may be forfeited by vtlary.

The party may not be attached by his horse whereupon he rideth, if hee hath other goods whereby he may bee attached.

Neither may a man be attached by his Apparrell which is vpon his bo­die.

No goods shall be attached but the proper goods of the defendant; and not goods that are pawned or bor­rowed.

If the goods attached bee quick cat­tell, the Officer may impound them in a Com [...]on pound.

If they be dead chattels (as a pot, Panne, or the like) the Officer may take & carry them away to his owne house, &c. Or the Officer may first at­tach them, and then take Sureties for the redeliuering thereof, &c. and so leaue 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 Re­deliuery thereof, if hee shall make de­fault [Page 64] of appearance, &c. which obliga­tion so taken seemeth to be good.

If the defendant shall not appeare at the day of the retorne, then the goods attached are forfeit to the king; and the Sherife shall be answerable for the va­lue thereof.

If the Officer shall leaue the goods or cattell attached with the owner (as a­foresaid) yet the Officer may take them againe vpon default of appearance.

A Baylife sworne and knowne may make an attachment without any war­rant in writing, for to him a command or warrant by word onely is sufficient.

The seruant of the Plaintife (or any other stranger) may make the attach­ment, if so he hath the Sherifs warrant.

A woman Couert shall bee attached by her husbands goods.

The defendant or tenant must al­wayes be attached 15. dayes (at the least) before the day of the retorne of the writ.

And for default thereof, the Sherife shall be amerced.

CHAP. 33. Capias ad Respond'.

IN reall Actions, when the Tenant hath beene attached, and appeareth not thereupon, or if he appeare, and af­ter maketh default, then issueth the grand Distresse, whereby the Sherife is commanded to distreine the Tenant by all his goods and chattels which he hath within the same Countie, & also to answer the King the profits of his Lands.

In Trespasse, and other personall Actions, if vpon the Attachment or Distringas the Sherife returneth nihil, then there goeth out a Capias & Ali­as, Pluries, & Exigent, scz. if the de­fendant be not taken, nor yeelds him­selfe in the meane time.

This Processe is to take the bodie of the Defendant: And vpon this Capias ad Respondendum, the Sherife, &c. shal first arrest, and after imprison the par­tie; [Page 85] or else must take bonds of him, with good Sureties for his appearance, &c. The forme whereof See hic, Cap. 97.

Where the Sherife hath arrested one by force of his Writ, if the Plea shall happen to be discontinued by the Kings death, or otherwise, the Sherife may there suffer such his prisoner to go at libertie without danger.

Note, that if the Pluries be not ser­ued, it is a contempt in the Sherife, wherupon an Attachment lieth against him.

CHAP. 34. Venire facias.

THis Writ is of two sorts most vsuall.

The one is, to cause the partie, ( scz. the Defendant) to come in and an­swer, &c. And this is but as a Sum­mons, and vpon this, if the Defendant be returned sufficient, and maketh de­fault, [Page] then a Distringas shall goe out: but vpon a Nihil returned, a Capias, Alias, and Pluries goeth out, Vt supra.

The other is, to cause the Sherife to impannell and returne a Iurie.

Vpon the Venire facias Iuratores, (which also is but as a Summons) if the Sherife shall returne the names of the Iurie, and they doe not appeare at the day, then shall goe out an Habeas corpora Iuratorum, and after that a Distringas Iuratores, to distreyn them vntill they come, &c. scz. a Distringas infinite.

There be diuers other sorts of this Writ, as you may see in the Register amongst the iudiciall Writs.

Plus hic Cap. 78.

CHAP. 35. Distringas.

THis Writ is directed to the She­rife, commanding him to destrein [Page 86] the partie (Defendant) or the Iurie, for his or their appearance, &c. Or to distreine one for the Kings debt.

A Distringas for the appearance of the partie to come and answer, shall go out infinite, scz. vntill the partie com­meth in and appeare.

The partie, as also the Iurors, by vertue of this writ are to be distreined by their goods, and by the issues of their lands, to come, &c. 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 bee returned by the Sherife in issues.

For the Sherifes distreyning of the Kings Debtors, see hic Cap. 10.

There be also diuers other sorts of this Writ of Distringas, in the Regi­ster, amongst the iudiciall Writs.

Plus hic retorn' de Distring' ca. 56. & 78.

Note that this Distresse infinite see­meth to be at the Common Law, in stead whereof the grand Distresse is now giuen in diuers cases, (by statute) [Page] by which Writ the Sherife is to di­streine the Defendant by all his goods and chattells, 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 Countie Court, that the Defendant come in at the day contai­ned in the writ, to answer to the plain­tife, &c. And the Sherife is to make re­turne of the same Proclamations, &c. Ʋide hic cap. 102.

CHAP. 36. Returne of Writs.

NOte that in the execution of all Writs and Processe the Sherife must obserue two things:

First, he must in euerie behalfe do al that which he shall be commanded by the writ it selfe, & may proceed no fur­ther, nor otherwise than the writ au­thoriseth him.

Secondly, the Sherife is to returne the same writ into the Court whence [Page 87] the writ came.

These Returnes are nothing else but the Sherifes answers, certifying the Court touching that which they are commanded to doe by the Kings writ, and are to ascertaine the Court of the truth of the matter.

And these Returnes seeme to be the most difficult things belonging to their office; for the Sherife must bee verie carefull and circumspect, that he makes these Returnes according to Law, both for substance and forme, otherwise hee shall not onely indanger himselfe to be amerced or sued for the same, but also he shall indammage the parties, & may hazard the cause or suit it selfe.

For the manner and forme there­fore of Returnes of writs you must ob­serue these Rules.

1 First, the Returne must be made according to the antient course & Pre­sidents, and by the vsuall words.

And therefore in a Praecipe quod reddat, or in debt if the Def. yeelds the land, or payeth the money, yet these are no good Returnes. Hic Cap. 56. [Page] 70. & 78.

Also omission of words vsuall ma­keth the Returne voyd: As Residuum huius breuis, for Residuum executionis huius breuis.

Scire feci. A. quod sit coram vobis, omitting these words, Ad faciendum quod breue requirit.

2 The Returne ought to answere the point of the Writ: As where a Sci­re facias is to warne the heire of the lands of M. the Sherife must not re­turne that hee warned the heire of the said M. but he must returne him heire of some lands, according as the writ re­quireth.

3 It ought to bee certaine in the yeare, day, and place, and in the per­son, yea it ought to be certaine to eue­rie intent: And yet these (or the like) words in the Returne, scz. Prout (or secundum quod, or ad faciendum quod) istud breue exigit & requirit, do often­times helpe the incertaintie.

4 The Returne must be true.

5 It must not be repugnant.

6 It must not be double.

[Page 88]7 It must not bee contrarie to the confession of the partie.

8 It must not be contrarie to the verdit of the Iurie.

9 It must not bee contrarie to the Writ or Record.

10 It must not bee contrarie to a former Returne made by himselfe, or by his predecessor, except in some spe­ciall cases. See hic Cap. 44.

11 It would be in true and good Latine.

12 Also the Sherife is not to return any thing which should come in by the challenge of the parties.

13 And yet Surplusage in a Re­turne doth not make voyd a Returne, for as to the Surplusage the Court ta­keth no regard.

14. The Sherife ought not to re­turne Resistance, nor a Rescous, for that in such cases he should haue taken Pos­se Comitatus (except where the Re­scous, &c. were to the Bailife of a Liber­tie, or where the Returne is, That the partie was rescued per ignotos) for there it appeareth not, that the Sherife can [Page] haue any remedy against the offenders, quaere,

Also in a Repleuin he ought not to retorne that the cattell are in a Castle, Fort, or Park, so that he could not make deliuerance; Causa qua supra.

15. He might haue retorned (vpon a Capias) that the party had taken San­ctuary; but this priuiledge of Sanctu­ary is now out of vse.

16. He may retorne that the party is fled into such a Libertie, and there continueth, so as hee can not take him.

Yet in this case, if the king be a par­ty, the retorne is not good, for there the Sherife must enter the liberty, and exe­cute the Proces.

Also if the Sherife had once taken the body, and then had come with his prisoner along by a Franchise, &c. and then the prisoner had claymed the Franchise, here the Sherife shall still be charged with the body, and may not retorne quod fugit ad libertatem, &c.

Languidus.17. Languidus in prisona seemeth to bee a good retorne.

So if the Sherife retorneth that the defendant is so sicke that hee can not take him (or carry him) out of his house, without danger of his life.

Otherwise where the Sherfe was commanded to haue the body there at a day,

Also if he returne Caepi corpus, sed non possum habere pur malady. Quaere of this.

18. Vpon a Capias, Mortuus. the Sherife may retorne that the party is dead, Ta­men quaere.

But it is a good retorne in these writs, scz. in a

• Corpus cum causa.
• Praecipe quod reddat.
• Scire facias.

Vpon an Habeas corpora Iuratorū, or Distring' Iurator, if any of them be dead, the Sherife may retorne it accor­dingly,

But vpon an Exigent it is questio­ned whether the Sherife may retorne the party, quod mortuus est; for that by the Exigent, the Sherife hath no [Page] authority but onely to call the party to appeare, and vpon his appearance then to take him, &c.

And it seemeth that the Sherife may not retorne the defendant Mortuus, but onely where there are words in the writ, to command the Sherife to sum­mon, warne, or take the defendant, or to distreine him. Plus hic Atteynt, & Repleuin.

Note that if the Sherife retorneh that the party is dead in prison, hee must shew further, that the Coroner had the view of the body.

Nihil.19. In what writs the Sherif may re­torne Nihil vpon the tenant or defen­dant. See hic postea throughout the retornes of the seuerall writs.

How the retorne of Nihil shall bee made. See hic cap. 45.

But the Sherife cannot retorne Ni­hil vpon him whom hee hath once re­torned summoned, or distreyned in a­nother writ, except it be vpon some speciall matter retorned also by him See hic cap. 44.

If a Iuror be once retorned suffici­ent, [Page 90] he may not after be retorned Ni­hil. Plus hic cap. 44.

But if the defendant bee retorned sufficient, he may after be retorned. Nihil. Plus hic cap. 44.

Also wheresoeuer the defendant is to be summoned, garnished or attached, if the Sherife retorneth him Nihil, &c. he shall not doe amisse to retorne further, Nec est inuentus in balliua mea. Non est inuen­tus.

20. Again wheresoeuer the Sherif re­torneth the defendant Nihil, or Non est inuentus, his retorne must therein be dire [...]t and generall, without these or the like words, scz. Prout mihi con­stare poterit; for he ought to take know­ledge.

Also in Reall actions, where the Sherife may Summon the Tenant vp­on the land demanded, it is no good retorne, Quod nihil habet, or Non est inuentus: for that the Sherife in such cases is to Summon the party in terra petita, though the land bee another mans.

The Sherife retorned Non inueni partem, &c. for Non est inuentus, [Page] it is erroneous.

21. The Sherife may not retorne an Inhibition out of the Arches; for hee is to performe the commandement of the kings writ notwithstanding the in­hibition.

22. It is no good retorne for the Sherife that the party will not pay his fees, or costs or charges, and that therefore hee did not execute the writ.

23. Vpon a Capias, if the Sherife hath taken the body, and then the de­fendant shall procure a Supersedeas, and deliuer the same to the Sherife, yet the Sherife may not thereupon let his prisoner goe, and retorne the Capias with the Supersedeas, &c.

But otherwise if the Supersedeas had beene deliuered to the Sherife before the party were arrested or taken. See plus hic cap. 53.

24. In euery writ (except it be in an attachment, or vpon a Capias) the She­rife may returne Tarde, scz. (Quod breue, Tardè. adeo tarde sibi venit, or sibi deli­berat fuit, quod illud exequi non potuit propter breuitatem temporis,) and it is [Page 91] good, if it be true.

But if the Sherife shall make such a retorne where hee hath sufficient time to serue the writ, he is punishable.

But also if the Sherife shall retorne Mandaui balliuo libertatis, &c. qui mi­hi respondit, quod breue adeo tarde ve­nit quod illud exequi non potuit, &c. the Sherife shall be amerced, for here it shal bee intended to be the Sherifes de­fault.

25. If the land, Mandaui bal­liuo. or other cause of the suite be within a Liberty, then the She­rife (hauing receiued the kings Writ) must make his precept to the Baylife of the Liberty; and the Sherife is to re­torne his answer.

But the Sherife must retorne Man­daui balliuo, and not quod mandauit balliuo. See plus hic cap 39.

26. Clerke. Clerks or Ecclesiasticall per­sons (being beneficed) vpon Processe out against them, the Sherife (in most cases) is to warne, garnish, or Summon them by their persons, or else by their lands (if they haue any lay fee:) And if the Sherife can not finde such partie [Page] (to summon him by his person,) Nor that hee hath any lay fee; Then the Sherife may retorne, Quod Clericus est beneficiatus, non habens laicum feodum vbi potest summoniri, &c. Nec est in­uentus in balliua mea. Plus hic cap. 71. & 75. 56.

But such Retorne is onely where a Distringas or Capias goeth out. Nihil habet is a good retorne in debt or tres­pas against a Clerke.

Infant.27. An infant is impleadable by Law; and therefore in reall actions the Sherife ought not to retorne that the te­nant is an infant.

Also Vtlary retorned by the She­rife vpon an infant is a good retorne, if the infant bee aboue the age of 14. yeares.

Woman Co­uert.28. In actions against the husband and wife; where the proces is an attachment, the wife may be attached by the goods of the husband: (See hic cap. 35) Or rather the Sherife is to re­torne pledges vpon them both.

But the Sherife may not retorne the husband attached, & the wife Nihil.

Where the husband and wife are diuorced, yet vpon a Scire facias a­gainst them, the Sherife is to summon both of them; and must not retorne that they are diuorced.

In a Reall action, the Sherife ought not to retorne that the tenant is a wo­man couert.

29. Vpon a fieri facias against Exe­cutors, Executors. the Sherife may returne as fol­loweth. scz.

‘Quod nihil habent.’ Or,

(if it be true.)

And if the Executors haue wasted the goods of the testator; or haue im­ployed the same to their owne vse, the Sherife may retorne a Deuasta­uerunt.

He may also retorne further, Quod nulla habent bona seu catalla, de bonis suis proprijs, in balliua sua vnde, &c.

Vpon a Fieri facias against Execu­tors, the Sherife retorneth that they haue sold the goods, &c. this is no good retorn; for the Sherif should haue [Page] taken other goods of the Executors to the value thereof.

So it is no good Retorne, that all the Executors saue one haue nothing; for the Sherife ought to make Executi­on of that which is in the hands of that one Executor.

Vpon a Deuastauit found, and iudg­ment giuen against Executors, the She­rife vpon a Scire facias against the Ex­ecutors may seise the proper goods of the Executors, if there be not sufficient of the Testators goods.

So if the Executors shall pleade Ne vnques Executor, and that be found a­gainst him, and iudgement thereupon giuen, &c.

Plus hic cap. 61.

CHAP. 37. Where the Sherife shall be amerced, or otherwise punished for his Retorne.

IT appeareth in the former Chapter, that if the Sherifes retornes bee not made according to Law, both for sub­stance and forme, the Sherife shall bee punished.

So if the Sherife shall make no re­torne of the writ (in most cases) hee is punishable, hic cap. 38.

So if hee shall not make a due Re­torn of euery writ that shal be deliuered to him.

So if his Retorne be incertaine, or otherwise insufficient.

So if he shall make any false Re­torne.

If he returnes a Capi corpus, or red­dit se, and hath not the body at the day of the Retorne, he shall bee amerced.

And if it be vpon a Capias ad satis­faciendum, and the Sherife retorneth C [...]pi corpus, and hath not the body at the day he shall not onely be amerced, but also he shall be chargeable to pay the whole debt.

If vpon a Fieri facias, the Sherife returneth Fieri feci, &c. and hath not the money in Court at the day of the Retorne of the writ, he shall bee amer­ced; and yet he might haue paid the money to the Plaintife, and so haue made no retorne. See hic cap. 30. & 38.

Vpon a Fieri facias, he Sherife retur­ned that he hath leuyed 20. l. but that he durst not bring it, &c. for feare hee should haue beene robbed thereof, and he was amerced for that he had not the money in the Court at the day, &c.

If the Sherife retornes that he could not execute the writ for Resistance, hee shall be amerced.

So if (vpon a Repleuy) hee retornes that the cattell be in a fort, or Castle, so as he cannot deliuer them.

So if he retornes small, or no Issues [Page 94] vpon the defendants.

So if he retornes not issues vpon Iu­rors according to the Statutes.

So for not retorning Pledges.

The high Sherife shall also bee amer­ced or punished for the default of his Vndersherife, in making insufficient re­tornes, &c.

He shall also be punished for the de­fault of his Baylife or other Officer.

But for the defaults of Baylifes of Liberties, the Sherifes (at this day) shall not be punished for any insuffici­ent or false retornes of writs made by such baylifes of Liberties, but the amer­ciaments shall be set vpon the Baylifes heads.

An Exigent which was deliuered to the Sherife of Record, was imbeaseled, and the coppy thereof was retorned by the Sherife, and he was amerced for the retorne of the coppy at 30. l. and for the imbeaseling thereof at 20. l.

The Sherife for making a false re­torne of an Exigēt was amerced at 50. markes.

CHAP. 38. Where the Sherife maketh no Retorne.

IF a Capias or other meane Proces, be executed and not retorned, the ar­rest is tortious, and the Officer is pu­nishable.

So if the writ be misretorned; as if the Baylife arresteth a man by vertue of a warrant from the Sherife, and after the Sherife retorneth, Non est inuen­tus.

In case of Redissesin or Vtlary, if the Sherife shall not retorne his writ, the Sherife shall bee amerced for such his fauxity and concealment.

For note that vntill the writ bee re­torned, the suit is not said to be depen­ding nor the Kings courts can not hold plea of the matter; and therefore vpon the originall writ retorned Tarde, an Alias & Pluries shall goe out of that Court where the originall is retorned, [Page 95] Teste the Chiefe Iustice, for that by the Retorne the Court is possessed of the suit; but if no retorne be made, the Alias and Pluries shall goe out of the Chancery, from whence the first origi­nall came.

And the third writ not being retor­ned by the Sherife ( scz, the Pluries,) it is a contempt, whereupon an attach­ment lyeth against the Sherife.

Vpon a second deliuerance, if the Sherife shall deliuer the cattell to the Plaintife, and shal not retorne the writ, the defendant shall haue his remedy a­gainst the Sherife,

And yet in some case the Sherifes re­torne is not so needfull.

And therefore in all writs of Execu­tion (except an Elegit) as vpon a Ca­pias ad satisfaciendum, fieri facias, ha­bere facias seisinam, vel possessionem, Liberate, &c. if the execution be due­ly done, although the writ be neuer re­torned it is no great matter, if so be that the Plaintife hath his demand, scz his money payd him by the Sherife, or his seisin or possession of his lands, [Page] &c. deliuered to him by the Sherife.

Also where no Enquest is to be ta­ken, but onely land, scz. (seisin or pos­session of land) to bee deliuered, or goods to be sold, &c. which are but matters in fact, these are good al­though the Writ be not retorned.

But in case of an Elegit, &c. where the Extent (or preising or valuation) is to be made by an Enquest, and not by the Sherife alone, that ought to bee re­torned by the Sherife.

Vpon a Fieri facias, if the Sherife le­uyeth the debt, but neither retorneth the writ, nor payeth the money to the Plaintife, the Sherife is subiect to the action as well of the Plaintife, as of the defendant, besides he shall be amerced; and yet the leuying of the debt was lawfull, and the sale of the goods (by the Sherife) by force of the Fieri fa­cias is good, though the writ bee not retorned.

Also there bee some other Writs which need not to be retorned; as the writ de Returno Habendo is not retor­nable.

Vpon a recouery in a Quare impe­dit, the writs awarded to the Bishop, to remooue the Incumbent, or to ad­mit the Clerke of the Plaintife, are not retornable.

And so in other cases, except the writ requireth it, the Sherife needeth not to make retorne thereof.

Note that if the writ bee retornable, the day of the retorne is also appointed in the writ.

Also all writs of Iusticies (or Vis­countiel writs) are not retornable. Hic cap. 113.

In some cases also, although the Sherife executeth not the writ, but ex­cuseth it by his retorne, it is good. As.

In a Repleuin, the Sherife retor­neth that the defendant claimeth pro­pertie. Hic cap. 70.

In a Natiuo habendo, the Sherife re­torneth that the villain alledgeth him­selfe to be a free-man. Hic cap. 67.

So where the Sherifs of London re­torne their custome.

Or the Sherife of any County Palla­tine, retorne that they haue a Countie [Page] Pallatine within themselues.

So where the Sherife (of any Coun­ty) returneth Mandaui balliuo Liber­tatis qui nullum dedit responsum, &c. Hic cap. 39.

So where the Sherife retorneth that the Plaintife non inuenit Plegios de pro­sequendo, hic cap. 45.

So where the Sherife retorneth Tar­de, ibid.

CHAP. 39. Retorne de Mandaui balliue Libertatis.

AS the Sherife is the immediate Of­ficer of the King and his Courts, to execute all Writs and Proces, so to him all their writs shall be directed, al­though it be of a matter) scz. of land or other thing in suite, or a thing done) within a Liberty or Franchise; in which cases the Shdrife must write and send his Precept to the Baylife of the Liber­tie, who must serue and execute the [Page 97] same, and must make answer (or te­torne) thereof to the Sherife; but the Sherife himselfe must make the Re­torne of the writ into the Court,

And yet in a writ of Redissesin, and in a Writ to enquire of wast, and such other writs wherein the Sherife is made a Iudge of the cause, there the Sherife must enter the Franchise, and execute such writs himselfe, and may neither write to the baylife of the Li­bertie to execute it, nor may retorne Mandaui balliuo, &c.

And so it is in other cases, as where the King is a party; or the baylife of the Liberty a party; or vpon the de­fault of the baylife of the Liberty, &c. See hic cap. 40.

For the formes of the Sherifes Pre­cepts or Warrants to bee made to the baylife of the Liberty, they are to bee made like to those which are made by the Sherife to h s other baylifes (which see hic cap. 2) Sauing that where those are directe Balliuo Hundred de, &c. these are to be directed balliuo Li­bertatis de, &c.

Now after that the Baylife of the Liberty hath retorned his answer to the Sherife, then the Sherife must make the retorne of the writ, and of the bay­lifes answer, in these (or the like) words, Qui quidem balliuus mihi sic respondit, &c. (according to the Baylifes answer) But the Sherife may make no other re­torne, but according to that which the Baylife of the Libertie shall certifie him.

And yet if the baylife of the Liber­tie shall make an insufficient answer, or shall make no answer to the Sherife, them the Sherife may make his retorne of the writ in this manner, scz. Man­daui balliuo Libertatis de, &c. Qui mi­hi nullum dedit responsum, &c.

For the manner and forme of such retornes (de Mandaui balliuo Liberta­tis, &c.) You must obserue these things (or rules) in the Sherifes re­torne.

1. First the Sherife shall doe well to shew cause (in such his retorne) scz. Eo quod praed' terr' & tenemēt' sunt in­fra Libertatem de, &c.

[Page 98]2, Or else the Retorne must haue these words (or the like) Qui habet re­torna omnium breuium, & executio­nem eorundem: infra libertatem prae­dictam.

3. Hee must shew in his Retorne whose the Liberty is, or who is Lord of the Franchise or Libertie.

4. He must shew or set downe in his retorne, the names of the baylife of the Liberty, scz. his Christian name or surname. Hic cap. 53.

5. Also where the Sherife retorneth Mandaui balliuo libertatis, &c. he must retorne further, Eo quod nihil habet in­balliuam meam.

6. Also there must be such a Liber­ty within that County, for if the She­rife shall retorne Mandaui balliuo Li­bertatis where there is no liberty, he shall be grieuously punished.

Againe the Liberty must haue re­torne of writs Reuera sub poena vt su­pra.

And therefore it is needfull for the Sherife to haue a note (out of the trea­sury of the Eschequer) of all the Liber­ties [Page] within his County, which haue retorne of writs.

If the Baylife of the Liberty (vpon the Sherifes precept) shall not execute the writ, That being retorned by the Sherife, then there shall goe out a non omittas propter libertatem, comman­ding the Sherife to execute the same himselfe, and there the Sherife is to enter the Franchise himselfe, and with­all is to warne the baylife of the Li­berty to appeare and answer his de­fault before the Iustices at the day con­tained in the writ.

There should or ought to be inden­tures made betweene the Sherife, and the baylife of the Liberty of euery re­torne which such baylife shall make. And this is to the intent that the She­rife should not change the retorne made by such baylife, which if the Sherife doe, he is punishable.

But the Sherife cannot serue or ex­ecute a writ in part, and write to the baylife of a Liberty to execute the o­ther part; but one of them must exe­cute the whole (in most cases) because [Page 99] the writ is entier, &c.

As vpon a venire fac' Iurator': or a Distring' Iurator': or a Habeas cor­pora Iurator: the Sherife cannot re­torne part of the Iury, and the Bay­life of the Liberty the other part.

And yet vpon a Capias in debt, a­gainst three the Sherife may retorne that he hath taken two of them, and that he hath written to the Baylife of the Libertie, &c. to take the other de­fendant.

And if the land in question doe lie part within a Franchise, and part in Guildable, there the Iury shall be re­torned part by the Sherife, and part by the baylife of the Franchise.

If the land in demand doe lye in 2. Franchises, the Sherife must make his precept to each baylife.

Note that such part of the County as is contributory among themselues to pay Common charges, is called the Guildable; and if there be any speciall Libertie, that is called the Fran­chise.

Also wheresoeuer the Sherife hath [Page] serued the first writ, he cannot after write to the Baylife of the Franchise, Nor returne Mandaui balliuo liberta­tis, &c. except it be in some speciall cases; or that the Sherife in his retorn sheweth and certifieth some speciall cause thereof.

And herein this difference may be taken, scz. betweene a thing perma­nent, and a thing remoueable.

For of a thing permanent, as in a Precipe of land, if the Sherife serueth the first proces, he ought not after to make his precept to the baylife of the Liberty, for by his seruing of the first proces he hath affirmed the land to be within his iurisdiction,

But of things remoueable, as in debt, or trespasse, &c. the Sherife may serue the proces at the first, and when it commeth to the Capias, the Sherife may make his precept to the baylife of the Liberty to take the body, for that the body is remoueable, &c.

Also the venire fac' Iurator', may be serued by the Sherif [...], and vpon the ha­beas corpora Iurator' he may write to [Page 100] the baylife of the Franchise, &c. Et e Conuerso.

Also in a Praecipe quod reddat of land within a Franchise, the Sherife must first take of the Plaintife Pledges de prosequendo, and then hee shall make his Mandauit to the Baylife of the Franchise, &c. who is to execute the rest.

And yet in an Assise brought of land within a Franchise, the Sherife may retorne the whole Pannell, and it shall be good.

Yea in all cases, wheresoeuer the re­torne or execution of the writ pertai­neth to the baylife of a Liberty al­though the Sherife may more safely enter the Liberty, and execute the writ, cum warrantum habuerit, scz. vpon a Non omittas, yet if the Sherife doth it himselfe without a Non omit­tas, it is good: But the Lord of the li­berty may haue his action against the Sherife for the same.

The Sherife retorneth Mandaui balliuo Libertatis, &c. qui nullum dedit responsum, or retornes that the [Page] baylife will not make deliuerance, &c. vpon a Repleuin Alias or Pluries, these are no good retornes, for the she­rife in such cases ought himselfe to haue entred the Franchise, and made deliuerance; yet it seemeth safest for the Sherife, to haue a writ with a Non omittas, &c. before hee enter the Fran­chise, in these cases and the like.

CHAP. 40. Where the Sherife may enter the Franchise, without a Non Omittas.

1. VVHeresoeuer the king is a party, no Franchise shall be allowed; and therefore in eue­ry writ for the king, or where the king is any wayes a party, the Sherife himselfe (or his Officer) are to enter the Franchise, and to execute the pro­ces; for none are to serue the Kings Proces but his owne ministers.

2. Wheresoeuer the Sherife is a [Page 101] Iudge of the cause, he is to enter the Franchise, and to execute the writ him­selfe. Hic cap. 39.

3 Where the Baylife of the Liber­tie is partie to the suit, he shal not make the Pannell, or returne the Iurie, but the Sherife ought to enter the Libertie, and to pannel the array. And so where a Capias or Fieri facias commeth to the Sherife against the Baylife, the She­rife must enter the Libertie, & execute the Writ.

4 So where beasts are taken with­in a Libertie, and wrongfully with­holden, and the Baylife of the Liberty will not deliuer them vpon the Sherifs Warrant, there vpon complaint the Sherife ought presently to enter the Franchise, and to make deliuerance, &c.

5 So in a Plea of Withernam in the Countie, by plaint before the She­rife, if the Baylife of the Franchise wil doe nothing vpon the Sherifes Pre­cept, the Sherife 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 Sherife may not there safely enter without a Non omit­tas.

6. Also vpon an Extent of a Sta­tute Merchant, it seemeth the Sherife is to enter the Franchise, and to exe­cute the writ himselfe, and may not retorne Mandaui balliuo Libertatis, &c.

Baylife of Fee.Where there is a Baylife of Fee, the Sherife shall send his precept to him, as to the baylife of Guildable; and shall not retorne Mandaui balliuo, &c. but the Sherife shall make the retorne of the writ, as if himselfe had serued it.

CHAP. 41.

ALl Processe directed to the She­rife ought to bee retorned into such Court, out of which such Pro­cesse shall be awarded.

And the Sherife (as also the baylifes of Liberties) [...]ught to set the Names, scz. both their Christian name & Sir­name) [Page 102] to euery Retorne by them made, so that the Court may know of whom they tooke such Retornes, and for default thereof they shall be grie­uously amerced; yea without the She­rifes name the retorne is void.

Vpon the retorne of euery writ, the Sherife besides his setting his name thereto, must also subscribe or adde this word, vicecomes.

And these Retornes made by the Sherife, together with the Name of the Sherife, and of his Office, &c. are to be indorced on the backe of the writ: And yet if it be made or done on the inner side of the writ, it is good.

CHAP. 42. Auerment against the Sherifs Retorne.

FOrasmuch as the Sherife is an Of­ficer deputed by the Law, to the King and his Courts, a man shall not be allowed to Auerre directly against [Page] the Retorne of the Sherife, except it be in some speciall cases: and the reason is for that where Iustice is to be admi­nistred and executed, the King and such as are his Iudges, and vnder him are to administer Iustice, must neces­sarily put a trust and confidence in some person; and if euery man might auerre against that which the Sherife shall doe, then Iustice should neuer bee executed, but should euer or often­times be delayed, &c. And yet on the contrary, for that Sherifes and their Officers haue oftentimes beene found faulty of their parts, in making false Retornes to the Kings writs, &c. the which may arise in part by corrupti­on, and in part through their negli­gence and remisnesse; and also for that such false retornes were and are oftentimes very mischieuous to the Kings subiects, therefore the Statutes and Lawes of this Realm haue in some cases allowed men to auerre against the Sherifes Retorne.

See the Statutes of Westm. 2. cap. 39. & 1. E. 3. cap. 5.

And therefore the Plaintife may a­uerre that the Sherife might haue re­torned greater issues vpon the defen­dant.

A man may auerre (in diuers cases) him to be aliue, whom the Sherif hath retorned Mortuus.

Vpon a Rescous retorned, the party may trauerse the Retorne.

Vtlary retorned in case of Felonie, the party may auerre that hee yeelded his body at the 5. County.

Vpon the Exigēt the Sherife retor­ned the party but 4. Exactus, the o­ther may auerre that he was vtlawed.

But where the Sherife retorneth one vtlawed, the party cannot auerre that that he was proclaymed but at 3. or 4. Counties.

Also in cases where the Sherife is a Iudge, there the partie may not a­uerre against the Sherifes retorne, as in writs of Redisseisin, or to enquire of wast. &c.

But otherwise where a mans inheri­tance, or the effect of his suit shall bee lost, or his person charged, as also in [Page] fauour of life, the Sherifes retorne is trauerseable.

In other cases if the Sherife maketh a false retorne, and that the party can­not trauerse it, yet he may haue his a­ction against the Sherife, &c.

CHAP. 43. The Sherifes Retorne 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 bee imprisoned nor condemned by suggestion, &c. without lawfull presentment; and therefore the sherifes retorne of an E­scape or of an Rescous made to him, of one arrested by him for felony, albeit that such his retorne 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: Neuer­thelesse [Page 104] if a Rescous be retorned by the Sherife of one who was arrested vpon a Capias, or for any other cause (except for felony,) such retorne of the Sherife is in liew of an Indictment; and vpon such retorne the other shall bee put to answer the same, &c.

And therefore where the Sherife shall retorne such a Rescous, hee must in his retorne shew the certenty of the place, day and yeare, that the same Rescous was made, and of the per­sons.

But though the Retorne bee with­out any addition giuen to the persons making the Rescous, it is good e­nough.

CHAP. 44.

THe Retorne of the old Sherife shall not conclude the new She­rife.

And therfore where the old Sherife retorned a Iury de Visneto de D. af­terwards the new Sherife vpon the [Page] Distringas retorned, Quod non fuit tale visuetum de D. in dicto Comitatu, and this retorne of the new Sherife was holden to be good.

Vpon a Fieri facias, the old Sherife retorned Quod caepit bona ad valenc' x. l. ad quam non inuenit omptores, wher­upon there went out to the new She­rife a vendic' expon' who retorned that his Predecessor, Non cepit bona, &c. and it was holden to be good.

And yet if the old Sherife retorneth a Iuror in issues, and the next Sherife at the Distringas returnes the same Iu­ror nihil, the last Sherife shall be amer­ced; for here hee cannot returne nihil, contrarie to the former returne of his predecessor, but must pursue the last re­turne. And therefore if any such Iu­ror hath sould his land, or that it bee recouered from him, or that the Iuror was seised in the right of his wife, who after died without issue by him, or if the Iuror had an estate conditional, and the condition performed, and a re-en­trie made by the Feoffor, or the like; in these cases the Sherife ought to re­turne [Page 105] the speciall matter, and to con­clude, Et sic nihil habet, &c.

But if the old Sherife hath returned the Defendants sufficient, the next she­rife may returne him Nihil.

If the old Sherife hath returned a man sufficient, who is not, nor euer was sufficient, whereby the next She­rife is charged with issues, he shall haue an Action of Deceit vpon the case, a­gainst his predecessor.

Note also, that a Sherife cannot sum­mon or distreine himselfe, nor serue any other Processe vpon himselfe: and therefore if any Processe shall goe out against him, it may be thus returned, ‘Iustic' infrascript' certifico, quod ego A. B. miles modo sum Vicecō' Cō' C. Ideo meipsum summonire, or, distringere, &c. non possum prout interius mihi praeci­pitur.’

And where the suit is against (A. B.) one of the Sherifes of a Citie, and ano­ther person, both the Sherifes of the Citie may make their returne after this manner: scz.

CHAP. 45. The formes of Returnes of Writs.

HEre I will set you down briefely the manner of returning such Writs as are most frequent and vsuall; and for the residue, as also for the more full returne of these, I must refer you to my booke at large.

Note, that the forme of euerie ori­ginall writ is in this manner; scz. Rex [Page 106] Vicecomiti, &c. salutem. Si A. (the Plaintife) fecerit te securum de clamo­re suo prosequendo, tunc, &c. Plegij de Pros. By which words the Sherife is commanded, that if the plaintife shall finde to him pled­ges that hee will prosecute the Suit, that then the Sherife doe execute such Writ vpon the Tenant or Defendant, in such manner as in the writ is further mentioned: and thereupon the Sherife is to returne (vpon the plaintifes part) two common Pledges, De Prose­quendo.

Also in euerie originall writ where Summons Summons. lieth, (or where the writ is Summoneas per bonos Summonitores, &c.) there the Sherife must first sum­mon the Tenant or Defendant to ap­peare and answer, &c. 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, then the Sherife must returne the writ in this manner following: scz.

If the Tenant or Defendant bee sufficient,

First, the Sherife must returne two common Pledges for the Plaintife, Do prosequendo, and then he must returne the Tenant or Defendant summoned, or attached, as followeth:

Attach.And if the partie hath no land whereupon he may be summoned, as also in personall actions, or otherwise, (if the writ be Pone per vad & saluos plegios, &c.) then the sherife must make his returne thus:

Or if the Sherif cannot find the par­tie, then thus: ‘ [Page 107]Infranominatus I. S. attachiatus est per vnam vaccam &c. praetij xx.s.’

But if this word Attachiatus bee wanting in any Returne where the par­tie is attached, it is no good return. Hic cap. 52.

Also such or the like returne may be made for the summoning or atta­ching of the Tenant or Defendant, in all reall actions, if the Tenant or Def. be sufficient.

But if the Defendant, Nihil. &c. be insuffi­cient, then the Sherife may returne the Defendant or Tenant nihil, after one of these manners:

And this retorne of Nihil, may bee made in any Reall action; or in acti­ons of Annuity, Couenant, Debt, or other writ where Summons lyeth: and yet if that there be no land where hee [Page] may be summoned, Quaere if this be a good retorn without saying, Nihil ha­bet, &c. vnde summoniri potest, and fur­ther, Nec est inuentus in eadem, for that the party may bee summoned by his person.

If it be in trespasse, the retorne may be thus.

But the Sherife may not retorne, quod Nihil habet, &c. prout ei aliquo modo constare poterit.

In a Debt or Trespasse, &c. Ni­hil habet is a good retorne without saying, Nec habuit post receptionem breuis, or Nec habuit die receptionis breuis; for it shall be intended.

Vpon a Distringas, The retorne may be thus:

Vpon a Fieri Facias, The retorne may be thus.

Vpon a Scire facias, The retorne may be thus:

Now if there be two defendants or tenants, then the retorne may be thus.

And if there be more then two de­fendants, &c, you must then name but one of them, and say further, Et ceteri [Page] defend. infranominati Nihil habent, nec eorum alter aliquid habet in balliua mea, &c. vt 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, &c.

Or if the Sherife will not make Ex­ecution of the writ, but will delay the same, Then they will doe it after one of these two sorts following.

Responsio A. B. vicecom. Com. in­frascript.

1. Infranomin. I.S. non inuenit mi­hi Plegios de prosequendo, Ideo nihil fe­ci, &c. Or,

2, Istud brene mihi deliberat' fuit adeo tarde, quod illud exequi non po­tu [...] propter breuitatem temporis.

And note that in euery writ which hath therein this clause, Si A. fecerit te securam de clamore suo prosequendo, tunc, &c. There if the Plaintife shall not finde sureties to the Sherife, that he will prosecute the suite, the Sherife for default of the Plaintife therein, [Page 119] needs not to execute the writ, but may retorne as aforesaid, Non inuenit mihi Plegios, &c.

But let the Sheife beware, that these or other his retornes bee true; for as they are dilatory, and mischieuous to the Plaintife, so are they dangerous to the Sherife, being not onely a breach of his oath, but also he is subiect to be amerced by the Court, and besides to be sued by the party grieued for such his false retorne.

Now concerning Pledges pledges. (or Sure­ties) which are to be found, either by the Plaintife to prosecure his suite; or by the defendant (or tenant) to appeare and answer, &c. you must obserue these rules following.

1. First, the Sherife ought to re­torne none for Pledges, but onely such as consent thereto.

2. Such Pledges should bee of per­sons which be able and sufficient, as well in their Estate, as in Law.

And therefore if they be poore in e­state, it is at the Sherifes perill.

So if they be persons within age, or [Page] women Couert, or persons outlawed, &c.

3. Also there should be at least two Pledges.

4. But at this day, for the Pledges de prosequendo, it is but matter of forme, and the vse is to retorne Com­mon Pledges in most cases, scz. Ioh. Doo. Rich Roo.

And yet in a Repleuin, before that the Sherife (or his Officers) shall make any deliuerance of any distresse or cat­tell taken and deteyned, they are to take sufficient Pledges or Sureties of the owner of the cattell, &c. Tam de prosequendo, quam de Returno haben­do, &c.

Or else the Sherife may be charged for the price of the cattell, &c. if Re­torne be awarded. Plus hic postea cap. 114.

5. And as for the Pledges which the defendant findeth (or is attached by) to appeare and answer, they are not to be bound in any summe, nor shall enter any bond to the Sherife for the appearance, but onely to giue their [Page 120] words for the parties appearance; and if the party summoned, or attached by Pledges to come and answer, &c. doth not appeare, but maketh default, his Pledges shall be amerced to the King by the Court.

6. Note further, that some persons are to finde no Pledges de prosequendo.

First the King, nor Queene in re­gard of their Dignity and Prerogatiue are to finde none.

Neither shall an infant finde any Pledges.

A poore man in stead of Sureties shall onely giue his Fayth to pro­secute his suite; and the forme of the writ for him is accordingly.

7. Againe these Pledges de prose­quendo may be found, either to or be­fore the Sherife, or in the Chancerie where the writ is sued out; or in a Court where the writ is retorned; or at the Assises.

8. Also these Pledges, not Main­pernors or Manucaptors, neede not to haue any Addition, but their Names of Baptisme and Sirname sufficeth to [Page] be set downe in the Sherifes retorne.

9. Also in some writs the Plaintife shall finde no Pledges de prosequendo, as in a

• Per quae Seruitia.
• Quid Iuris Clamat.
• Scire facias.

10. Nor where the Sherife retor­neth any for Pledges, they shall not be receiued to say they were not Pled­ges, &c. contrary to the Sherifes re­torne; But yet if they be endammaged thereby, they may haue their action against the Sherife for the same, and shall recouer asmuch as they shall bee indammaged.

• Accompt.
• Annuity.
• Assise de nouel disseisin.
• Assise de Nusans.
• Atteynt.
• Ayel.
• [Page 121] Besayell.
• Cessauit.
• Contra formam Collat.
• Contributione.
• Conspiracy.
• Couenant.
• Cosinage.
• Cui in vita.
• Curia claudenda.
• Customes & seruices.
• Dare in praesentment.
• Debt.
• Detinue.
• Disceit.
• Dower vnde Nihil habet.
• Dum fuit infra aetatem.
• Dum non fuit Compos mentis.
• Eiectione firmae.
• Entree in le quibus.
• Entree ad term. qui preterijt.
• Entree in casu prouiso.
• Entree in consimili casu.
• Entree ad Communem Legem.
• Escheate.
• Eiectione custodiae.
• Entrusion de Gard.
• Falso iudicio.
• [Page] Formedon.
• Forcible Entree.
• Forfeit. de Mariage.
• Homine Replegiando.
• Intrusion.
• Iuris vtrum.
• Mesne.
• Moderata misericordia.
• Monstrauerunt.
• Mortdaunc [...]st [...]r.
• Nuper obijt.
• Nusans.
• Particione facienda.
• Parco fracto.
• Pone.
• Quare impedit.
• Quare incumbrauit.
• Quare eiecit infra Terminum.
• Quod permittat.
• Quo iure.
• Rationabili parte bonorum.
• Reparatione facienda.
• Resco [...].
• Secta ad Molendinum.
• Second Deliuerance.
• Sine assensu Capituli.
• Trespasse.
• [Page 122] Trespasse sur le Case.
• Valere maritagij.
• Waste.
• Warrantia Chartae.

CHAP. 46. The Summons of the Assises.

VPon this Precept (from the Iud­ges of Assise and Gaole deliuery) the Sherife must make his warrant to euery baylife of Liberties and Hun­dreds within his County: which war­rants must conteine the whole sub­stance of his Precept: more particular­ly; The Sherife by his said warrants must command euery balife of euery Libertie and Hundred.

1. To warne 24. Iurors of their Liberty, or Hundred; all which seue­rall Pannels must be annexed to the re­torne of the Precept.

2. To warne for the great inquest, such whose names the Sherife nomina­teth in his said warrant.

[Page]3. To warne the Iury of life and death, such as the Sherife or bay­life shall thinke meet within their Hun­dred.

4. To proclaime within euery Hundred the day and place of the As­sises; and that all persons that haue a­ny thing against any prisoner be there to prosecute, &c.

5. To giue speciall warning to all Iustices of Peace, and Coroners, &c. within their Hundred, to be their pre­sent.

6. To arrest, &c. all persons for­merly indited, &c. to appeare there.

7. And by his said warrant, the Sherife must also command euery bai­life to be and attend there themselues.

Or els to the back of this warrant, the Sherife may file a schedule, setting downe therein the Names of such as shall be warned for the great Enquest, and for the Iury of life and death; and such other persons as are to be warned thither.

The Sherife also must make and de­liuer (to the Iudge) a Kalender of the [Page 123] names of all the Iustices of Peace, Co­roners, Stewards, and Baylifes of Li­berties, Baylifes of Hundreds, and of all the prisoners in the Gaole, See Hic cap. 98.

And he must haue all his prisoners there.

Also the Sherife himselfe shal do well to chose and name the great Enquest; and to keepe a note of the names of such as for that seruice he would haue warned by his baylifes; and to chose some out of euery Hundred within his County.

CHAP. 47. The summons of the sessions of the Peace.

VPon this (writ or) Precept, the Sherife also must make out his warrants to his baylifes of Hundreds, commanding euery of them to ap­peare at the Sessions.

And to warne all High and pettie [Page] Constables within their particular Hundreds to be there.

And also to warne 24. Iurors in e­uery Hundred to appeare there.

And to proclaime within euery Hundred the day and place of the said Sessions, and that all such as will com­plaine of any Artificers, laborers or seruants in husbandry for taking exces­siue wages against the Statute, be there also to prosecute, &c.

And to warne all Coroners, and Stewards, and Baylifes of Liberties within his County, to bee then and there to doe that which belongeth to the particular Offices or places.

And to warne 24. Iurors for the great Enquest and body of the Coun­ty (as wel within Liberties as without) to be and appeare there.

Now for the great Enquests (aswell for the Assises or generall Gaole deli­uery, as for the Sessiōs of the Peace) it is mee [...]e that there be retorned out of e­uery Hundred three or foure: and that the names of such as be of one and the same Hundred, be set together, and [Page 124] the name of the Hundred to bee writ­ten in the margent of the Returne, a­gainst the names of the Hundre­dors.

And if the Sherife shall returne any such Iurours, without summoning or warning them by his Baylife, the She­rife is fineable. Hic cap. 85.

CHAP. 48. Accedas ad Curiam.

VPon this Writ, the Sherife (ta­king with him foure other di­screet, lawfull, and sufficient men of that Countie) is to repaire to the lords Court, or Hundred Court, in the writ mentioned.

2 He is there in full Court to re­cord the Plee, in the presence of those foure men, and of the Suiters of the same Court.

3 The Record so made must bee annexed as a Schedule to the backe of the Writ.

[Page]4 He is to returne that Record (with the writ) before the Iustices (vn­der his owne Seale, and the Seales of foure suitors of that Court which were present) at the day limitted in the writ.

5 And hee is to warne the parties, Plaintife and Defendant) that they bee before the Iustices at the day prefixed.

And if no Court haue beene kept there betweene the day of the receit of this writ, and the day of the Returne thereof, the Sherife may make his Re­turne accordingly; but the Sherife ought first to require the Lord to keep his said Court, and then if the Lord refuseth, the Sherife is also to returne the Lords refusall.

So if the Lord, &c. in his Court shall refuse to shew the Sherife the plea, or his booke wherein the plea is contai­ned, yet the Sherif in the Court ought to shew and read, or declare the con­tents of this writ, and after to returne the Lords said refusall. The Returne:

The stile of the Court.

Note, that nothing but the plaint shall be remooued here.

CHAP. 49.

CHAP. 50.

CHAP. 51. Atteynt.

IN this writ the Sherifes retorne must be made after this manner.

A. C. D. E. F. G. &c. ad numerum 24. (And these must be Knights, Es­quires, or Gentlemen, hauing twenty [Page 130] marks per annum (of freehold at the least.)

I. P. R. C. F. D. R. G. quaere if these Manucaptors be needfull.

Note that Manucaptors of the Sum­monors, and Pledges, must bee set downe vpon the retorne, in an attaint, as also in an assise, quaere.

Also in an Attaint, the Sherife must retorne the names of all and euery of the twelue that were of the first Iury; [Page] and must distreine or summon them, &c.

In an atteynt the Sherife (vpon the Distresse) [...]ay not retorne that the de­fendant is dead.

In an attaynt the Sherife retorned a certaine number of Iurors, but not to the full nu [...]ber, and auerred in his re­torne that there were no more within his bayliwicke which might spend xx. l. ꝑ annum, this seemeth good.

The Sherife may retorne the defen­dant Nihil in his writ, Tamen quaere, where that the Sherife may summon the defendant in terra petita: But where the Atteynt is not of land, there Nihil may be retorned vpon the defen­dant.

The Sherife is to summon the Te­nant to be at the Recognition or triall.

The Grand Iury must be 24.

And these are to be warned the first day.

CHAP. 52.

CHAP. 53. Capias ad respondendum.

A Capias, Alias, or Pluries dire­cted to the Sherife, may be retor­ned after diuers manners, and as the case shall require, viz.

1. First, if the Sherife will not, or cannot execute the writ, then thus.

2. And if the party bee taken or found, then thus.

Cepicorpus. Virtute istius breuis mihi directi Caepi corpus infranominati I.S. cuius corpus coram Iustic' infrascript' ad di­em & locum infracontent' paratū ha­ [...]eo prout breue istud exigit. Or prout interius mihi praecipitur.

But vpon such a Retorne the Sherife must withall haue the prisoner, so as he appeareth at the day of the Retorne, or else the Sherife shall be amerced.

And yet the Sherife may keepe the body after the day, for hee is chargea­ble to bring him in by his owne Re­torne.

In prison. Virtute istius breuis vobis (Iustic' infrascript) certifico quod ante aduen­tum istius breuis, praed I. S. captus fuit, &c. Et in tali prisona detentu [...],

• Pro si spitione feloniae.
• Pro Condempnation' in placito De­biti, &c.
• Per Capias ad Satisfaciend in Debt.

• [Page 133] Pur Arrerages de Accompt.
• Virtute cuivsdam Quaerele, &c. in placito D [...]bit [...] super demand de xx.l. in tali Curia, ad s [...]tam I.G. &c.

But in these and the like cases, the Sherife in his Retorne must shew the true cause of his being in prison in par­ticular; and neuerthelesse the Sherife must haue the body of the prisoner in Court, or so as he appeareth at the day of the Retorne.

Quod Commissus fuit per duos de Conci [...]io Regis, &c. but here the She­rife vpon the Capias must arrest the defendant, though hee had his body before; and must haue his body in Court at the day.

These two last Retornes seeme not to be good, for after he was arrested or taken vpon the Capias, vpon the Re­torne of the Sherife, he is to be deliue­red by the Court.

Aliter.Also vpon a Capias, the Sherife may make these Retornes:

That a Rescous was made, &c. Vide hic cap. 36.

Languidus, &c.

That the party is dead, quaere de hoc.

For these 5. last Retornes. See hic cap. 36.

Quod breue tarde Tarde. venit, &c. is no good retorne vpon a Capias, but the Sherife shall be amerced therefore.

Vpon a Capias against a Clerke, what retorne the Shriefe may make. Clericus. See hic cap. 36.

Where there bee two or diuers of name. See hic cap. 61. how to make the Retorne.

CHAP. 54.

CHAP. 55.

CHAP. 56.

CHAP. 57. Aetate probanda.

IN this writ directed to the Sherife, to enquire of the age of the Kings Ward, euerie one that shal passe in that Enquest, must bee of the age of fortie two yeres at the least. And there ought to be twelue of the Iurie, as in al other Enquiries.

And the heire is to informe that En­quest by certaine signes and tokens, of the time of his birth, &c. which signes so giuen in euidence, shall be returned by the Sherife, as well as the principal matter. Quaere for the vse.

CHAP. 58.

What lands and goods the Sherife may take and deliuer in execution vp­on an Elegit, and in what manner, see hic cap. 28.

Vpon the Elegit, the extent and va­luation of the lands, and the preising of the goods must bee by an Enquest of twelue men.

Also the Sherife is to make executi­on by meets and bounds. See Plus hic, cap. 28.

Note that if the land be in extent, or alreadie taken in execution, and then an Elegit commeth to the Sherife at another mans suit, yet the Sherife may seise and deliuer the same lands againe to the last man vpon the Elegit, scz. the reuersion thereof, Tenendum, &c. cum acciderit.

Or else the Sherife may onely ex­tend and value, &c. the land, and re­turne the same valuation, and shew further, that he did not, or cannot de­liuer the same to the Plaintif, (or make execution thereof) for that another had the same in execution before.

But for the other moitie of the land which was not extended, &c. to the first man vpon his Elegit, the Sherife may presently seise & deliuer the same to any other person, vpon another Ele­git [Page] or execution comming afterwards to the Sherifes hands, together with the reuersion of the first moitie, cum acci­derit.

Vpon the Elegit, Nihil, or Nulla bo­na, is a good Returne.

Also the Sherife may returne the ex­tent for lands, Et nulla bona. Or the Sherife may returne the Extent of goods, and not lands. He may return Mandaui balliuo libertatis, &c.

Vpon an Elegit the sherife deliuered the lands in execution, without ma­king seuerance; and vpon complaint thereof to the Court, another Writ went to the Sherife to make Seuerance.

A Writ of Extent awarded in the time of one King, and executed by in­quisition, but before the returne there­of the King dieth, and after the Sherife returneth the Extent, &c. quaere if such returne be not without warrant.

Vpon the Elegit, for that vpon the Inquisition it appeared, that the De­fendant had conueyed his land to ano­ther vpon condition, &c. and yet took the profits, the Sherife thereupon re­turned, [Page 146] That he and the Iurie were in doubt, whither the land were extenda­ble, and prayed the aduise of the Court therein.

Note, That vpon an Elegit against one that hath two Mannors, the Sherife may deliuer the one Mannor to the Plaintife, in the name of the moitie of all, and is not bound to deliuer the moitie of each Mannor. And so of two acres of land: but this seemeth to bee where the two Mannors, &c. bee of equall yearely value.

Breue de Estrepement. Estrepement.

Note, that the Sherife by force of this Writ may resist them which are about to make Wast; and if otherwise he cannot stay or refraine them from making Wast, he may imprison them, or make his Warrant to others to im­prison them: and if it be needfull, hee may take Posse Comitatus for his or their aid.

Vpon an Extendi facias vpon a Sta­tute Merchant, the Sherife may return, that the partie non est inuentus, and that he hath extended the land, and de­liuered the same to the Plaintife.

Vpon an Extent of a Statute staple, (which is to take the bodie, and to ex­tend the lands and goods) the Sherife returned, that hee hath extended the land, but speaketh not of the goods; and though this be but part of that the [Page] Sherife was commanded to doe, yet it was holden to be good for the land.

Vpon an Extendi facias vpon a sta­tute Merchant, the Sherife returned, that he had extended the lands, but did not returne, that he had deliuered them to the Plaintife, whereupon hee should haue beene amerced.

Vpon an Extendi facias vpon a Statute Staple, the Sherife extended the lands of the Defendant, and preised his goods, and seised them into the Kings hands, according to the Writ, but deliuered them not to the Plain­tife, (which he indeed is not to do vn­till the Liberate commeth to him, al­though he ought to haue returned that extent and preisement) and after a Writ of Praerog' came out of the Ex­chequer, commanding the Sherife to leu [...]e first an hundred pounds for the King, &c. and the Sherife returned the speciall matter vpon the Writ out of the Exchequer, Et ideo nihil inde fecit, &c. and the Sherife was therefore amerced, and was compelled to returne the Extent in the Exchequer, for the [Page 148] Kings Debt.

Otherwise vpon an Extendi facias the Sherife may returne the special mat­ter, scz. That he cannot make executi­on, for that another hath those Lands in execution by force of an Elegit, &c. or for that another is in by discent, &c. for that they are not to bee put out of possession without a Scire facias.

Vpon an Extendi facias vpon a Sta­tute, it hath beene holden a good re­turne, that the partie hath no land but onely in antient Demesne. Quaere & vide hic cap. 26.

Vpon an Extendi facias (sued by two) vpon a statute, the Sherife re­turned, That one of the Plaintifes was dead, and good. Or the Sherife may returne the Conusor, Mortuus.

Vpon an Extendi facias, the Sherife returned, that the Conusor was dead, and also an Inquisition of the Extent of the lands of the Conusor, but in the Inquisition no certaine estate was re­turned, but that the Conusor fuit sei­situs die Recognit', &c. de Manerio de A. without shewing of what estate, [Page] and this returne was held insufficient, for that seisitus may be for life, or in taile, in which cases the land after the death of the Conusor is not extenda­ble: So that where the Conusors death appeareth in the Returne, there, of ne­cessitie his seisin must be found to bee of an estate in fee simple onely.

Vpon an Extent of a Statute, the Sherife returned the extent of the land, and not of goods, and it was allowed.

Vpon an extent of a Statute Mer­chant, if the Sherife returneth Tarde, or returneth Mandaui balliuo liberta­tis, he shall be punished. Quaere.

The Sherife returneth, that none came to receiue the land, per quod deli­berat' facere non potuit, good. Also he may returne, Non est inuentus, nec ha­bet bona, nec terras.

The Iurie may find, that the Co­nusor had no land but in right of his wife, and that she ouerliueth him: or that the Conusee hath purchased the land after the Recogn', &c.

Plus hic cap. 24, 25, 26, & 27.

CHAP. 59.

But where vpon the Exigit, the Sherife returneth Reddit se, hee must haue the body in Court at the day: or els retorne Languidus in prisona.

If the Sherife returneth Mortuus, by [Page 150] some opinions the Sherif shalbe amer­ced, for that by the Exigent the Sherife hath authority but to call the party frō Country to County to appeare and an­swer the Law, &c. and if he appeare, then to take and imprison him.

If after two or three Counties, the King shall happen to dye, and in the next kings time, the other Counties be kept and proclamation made, and then the Sherife returneth quinto exa­ctus. this is error.

The Sherife may retorne that the party is in Prison vpon a condemnati­on for debt; but then the Sherife must bring him into the Court.

Also the Sherife may retorne that the party yeelded himselfe to the old Sherife who hath not deliuered him.

Where (vpon the Exigit) the She­rife returneth, Protulit supersedeas, (or protulit breue Domini Regis de Non molestando; or que le Roy luy maunde ꝑ breue de Priuy seale, que il auoit luy Pardon, &c. & command que ne soit endamage, or the like,) Ideo vlterius procedere non potui, the Sherife hath [Page] beene amerced for such Retorns. Quae­re ideo.

Also vpon the Exigent, the Sherife may make his Retorne thus. scz.

Quod pro defectu (Comitatum or Coronatorum) Nihil actum est.

And so note that he which is sued, if he doe not appeare (vpon the meane proces, &c.) then vpon the Exigent he shall be solemnely proclaymed, de­manded, or called by the Sherife at 5. Counties, scz. from County to Coun­ty, each one after another, to appeare, and to yeeld his body and answer to the Law, or else that he shall be vtlaw­ed; and if he commeth in at any of the said fiue County Courts, the She­rife is to take and imprison him. But if he commeth not in within that time, then the Sherife with the assistance of one Coroner (at the least) is to pro­nounce him vtlawed, scz. to pro­nounce him to be out of the protecti­on of the King and his Law. But the Iudgement is to be giuen or pronoun­ced by the Coroner in the 5. County. And then the Sherife is to retorne the [Page 150] same as before.

And the Sherife in such his returne must set downe certenly the day, yeare, and place, where and when his Coun­ty Courts are kept, and the partie so called.

Also it must appeare in such Re­turne, that it was per Iudicium Coro­natorum; for they be Iudges of the Vtlaries.

An Enfant aboue the age of 14. yeares, may be returned vtlawed.

Note that the Sherife hath beene deepely amerced, for imbeaseling an Exigēt, or for retorning the same falsly hic cap. 37.

And so note that vpon euery Exigent where a writ of Proclamation is awar­ded (and deliuered) to the Sherife be­fore any Vtlary pronounced, the She­rife also must make three seuerall Pro­clamations as aforesaid. And for want thereof, &c. the Vtlary shall be void; and besides the party grieued may haue his action against the Sherife, and the Sherife shall be further amerced at the discretion of the Iustices. Plus hic cap. 102.

CHAP. 60.

CHAP. 61.

CHAP. 62. Garrantie de Charters.

THe Processe in this writ, is Sum­mons, Attachment, and Distrin­gas infinite: and vpon euerie of these the Sherife may returne, as is before shewed.

In this writ also, Nihil is a good re­turne.

CHAP. 63.

CHAP. 64. Inquisitions by a Iury.

FOr the forme of the Inquisitions and returne thereof. See hic cap. 58. Inquisic'. & 68.

Inquisiti­ons, in what cases

• Vpon a Writ of Admea­surement. hic cap. 49.
• Vpon a Capias vtlagat. cap. 54.
• Vpon a writ to enquire of damages.
• scz. in
  • Detinew. cap. 56.
  • Dower. cap. 56.
  • Trespas. cap. 77.
• Vpon an Aetate pro­banda, cap. 57.
• Vpon an Elegit. cap. 58.
• Vpon an Extent. ibid.
• Vpon a partition. cap. 68.
• Vpon a Proprietate pro­banda. cap. 73.
• Vpon a Redisseisin. c. 93
• [Page]Vpon a Secunda Super­oneratione cap. 76.
• Vpon a writ to enquire of wast. cap. 79.

The Sherife in all his Inquisitions taken and returned by him, must therin set down the certainty of the yere, day & place of the taking of the Inquisitiō.

If the writ appoints that the Enquest shall be taken at a day or place certaine, the Sherife must retorne that it was ta­ken at the same day or place.

Where the Sherif is to make an Inqui­sition; it seemeth to some, that none of the Enquirors may be challenged, for that they are but an enquest of office: but yet in a writ to enquire of wast (where the Sherif is both a Iudge & an officer) the Enquirors may be challēg'd & if the Sherife shall deny it, it is error.

And so it is in a writ of Redisseisin: And so note that the Sherif may make the Pannell, and after may aiudge the same to be quashed, if there be cause.

Where the Sherife is to make Inqui­sition (by a Iury) and the Iury ap­peare, and haue their charge, &c. and [Page 164] by reason of some difficultie the She­rife giueth to the Iurours respite for certaine dayes, & at the day so appoin­ted to the Iurie to (bring in or) giue their verdict, one of the Iurie maketh default, quaere whither the Sherife may not assesse a reasonable fine vpon him, and returne the same fine, (especially where the Sherife is made a Iudge of the cause.) And such giuing of respit to the Iurors by the Sherife, seemeth warrantable.

Note wheresoeuer the Sherife shall make a false returne, an Action Sur le case lieth against him: but if the She­rife shall make Inquisition by a Iurie, and returne the same, although it bee false, yet the partie hath no remedie a­gainst the Sherife, nor against any other. Quod nota bene.

But if the Iurie shall find any thing without warrantie, & the Sherife, shal take or returne the same, he shall bee a­merced. See hic cap. 79.

What the Iurie may find, and what not, see hic cap. 56, 58, 77, & 79.

In euerie case the Sherife ought to [Page] make his enquirie by twelue men at the least.

And when the Iurie haue appeared, the Sherif must sweare them, and then giue them their charge, scz. to make enqui­rie according to the Writ.

After the charge giuen, if any of the Iurie shall depart without giuing vp their verdict, the Sherife may returne, That the Iurors were charged before him, and that after, such of the Iurie (or the Iurors) departed in despight of the Court, without giuing vp their verdict; and such Return is good, and an Attachment will thereupon go out against the Iurors.

Note that all Inquisitions made by the Sherife, must be by writing inden­ted, & returned vnder the seale of the Sherife, and of euery Iuror.

An inquisition taken and executed by the Sherife in the time of one King, and then the King dyeth, quaere whe­ther the Sherife shall now returne the same inquisition without a writ first to him after directed for that purpose.

Vpon an inquisition, if any doubt [Page 165] shall arise, &c. the Sherife may returne that hee and the Iurie were in doubt, shewing wherein, and so pray the ad­uice of the Court therein. Hic. ca. 58.

And in most Inquisitions, the She­rife is to summon or giue warning to the parties, that they may be presēt ther­at, if they will, scz. to plead; giue in euidence, or make their Challenge, &c.

CHAP. 65.

CHAP. 66.

CHAP. 68. Retorn' breuis originalis in Partitione.

PLegij de pro­sequendo.

• Ioh. Doo.
• Rich. Roo.

Summonitores in­franominati R. B. & Eliz. vx­oris eius.

• W.A.
• H. F.

A. B. Armig' vic'.

And it is fit to name and abutte, and shew the contents of the seuerall parcells.

* If any of the parties be absent, the Sherife may make his returne thus; Et quoad duas partes residuum Tenemēto­rum praed' in breue praed' specificat' I. S. in codem breue similiter nominat' ad particionē praed' deliberand' & assign' Iustic' infraspec' certifico, Quod nullus ex parte ipsius I.S. venit ad recipiend' de me easdem duas partes, Ita quod du­as partes illas praefato I. S. liberare & assignare non potui, prout breue praed in se exigit, &c. In cuius rei Testimon', &c.

So that here the Sherife must in person goe to the Tenements, &c. Hee must make the partition by the oath of x j. men. The partition must be made by the Iury; who must doe it equal­ly; and then the Sherife may assigne the one part to one, and another part to another, &c. at his election, and by meetes and bounds: and here the el­dest sister is not to chuse, &c.

Or vpon the partition to be made [Page 169] between 2 parceners, of two Mannors, the Sherife may assigne the one Man­nor to the one, and the other Mannor to the other, so that both the Mannors be of equall value. And so of 2. Acres of land, &c.

The Sherife must returne the Parti­tion by writing indented vnder his owne seale, and the seale of euery Iu­ror.

Vpon a partition to be made between tenants in Common, where one of thē hath purchased other lands which lie intermixt, and cannot be knowne, the party which purchased such lands, ought to shew to the Iury the bounds (or the certainty or number of Acres) of his land so purchased, but if neither party will therein giue euidence to the Iury, yet the Sherife and the Iury are to make the partition at the r perils, and as well as they can.

See a good forme of the Returne of this writ of Partition, Libro Intrat. fol. 452, tit. Partition div. 3.

CHAP. 69. Praemunire.

VPon this writ the Sherife returned that the defendant was garnished generally, but sheweth not what day, and it was disallowed: for such gar­nishment ought to be two moneths be­fore the returne.

Vpon this writ the Sherife retur­ned, Quod Praemunire fecit, &c. quod esset, &c. coram. &c. ad faciend' quod istud breue exigit & requirit, this is a good returne.

The Sherife may returne that the defendant, Nihil habet in balliua mea ꝑ quod eum praemunire facere possum ad praesens, nec est inuentus in eadem.

CHAP. 70.

CHAP. 71. Quare impedit.

IN a Quare Impedit, the Sherife must summon the defendant.

And this summons of the defen­dant may be made in the Church; or to the person.

The Sherife in this writ may returne Quod querens non inuenit Plegios de Prosequendo.

Also vpon this writ, the Sherife may returne Tarde.

Also the Sherife may returne Nihil vpon the summons, and vpon the at­tachment, [Page] Attachment, and vpon the Distrin­gas.

CHAP. 72. Recordare facias Loquelam in Comit'.

VIrtute istius breuis mihi directi in pleno com' meo tent' apud &c. (ta­li die & Anno) Recordari feciloque­lam, quae est in eodem com' inter partes infrascr': vnde interius fit mentio; Quae quidem loquela patet in quadam, sche dula huic breui annex. Et recor­dum illud habeo coram Iustic' infrascr' ad diem & locum infracontent' sub si­gillo meo, & sigillis W.H.T.R. &c. 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 breuis re­cordari [Page 175] feci loquelam quae fuit in com' meo seue breui Domini Regis inter I. & H. infrascr' de auerijs ipsius I. capt' & iniuste detent' & partibus infrascr' &c. vt supra.

Residuum executionis istius breuis patet in quad sched huic breui annex'.

R. S. queritur versus I.S. de placito captionis & iniuste detentionis auerio­rum suorum (contra vad & pleg' &c. Querela.) Et sunt pleg'de ꝓsequend': Necnō de re­turno habendo si returna adiudicetur D.E. In cuius rei testim', &c. vt an­tea in returne de Pone.

This Recordare is onely to remooue the suit into the Kings Court, out of the Court of Antient Demesne, Coun­tie Court, or Lords Court.

In the writ de Accedas ad curiam the Sherife must take with him foure sufficient discreet and lawfull men of the same countie: But in this Recor­dare fac' loquelam the Sherif needs not to take any with him; but both these writs must be returned vnder the seales of the Sherife, and of foure of the Suitors.

Also the Sherife is first to require the view or the plea, and to record the same in full Court, &c.

Then he is to summon the parties to be before the Iustices at the day of the Returne.

Or hee may cause this writ to be o­penly read in the same Court, to the end that the parties may haue notice to appeare at the day of there­turne thereof &c.

And then he is to returne the same Record (as aforesaid) together with the Writ.

But nothing shall be remoued, but onely the Pleint.

Note that the Suitors are Iudges in the county Court, and therefore the returne must not be Recordari feci lo­quelam quae est in eodem comit' coram me; (nor ad comit' tentum coram me) but it must be coram (such and such) Sectatoribus curiae, &c.

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 auerijs, the Sherife may returne, quod causa non est vera.

In a Recordare fac' loquelam, the Sherife may returne, that the Suitors would not deliuer to him the Record, nor suffer him to haue 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 foure of the Suitors doe deliuer the Record to the Sherife, and he returne the same, it shall be hol­den a good Record.

Also in a Recordare the Sherife may returne Tarde.

Vpon a Recordare fac' loquelam, al­though the plaint or suit bee determi­ned, yet the Sherife is to make execu­tion and returne of the Writ, as afore­sayd.

The Sherifes dutie in executing this writ of Redisseisin, Redisseisin. see hic. cap. 93.

CHAP. 73. Retorn' de Replenin, &c.

VPon a Repleuin directed to the Sherife, it seemeth that he needeth not (by the Common Law) to returne the writ vntil the Pluries Repl', but may make Repl' vpon his owne authoritie; but if at the Pluries he doth nothing, then an attachment shal go out against the sherif, directed to the Coroners, &c.

And all these Writs, scz. the Reple­uin, Alias, and the Pluries, may be su­ed out all at one time, and deliuered to the Sherife, as the Plaintife shall thinke good.

Vpon a Repleuin, the Sherife may make these returnes following, if the case so require.

Plegij de prosequendo, & de returno iude habendo, si retorna inde adiudice­tur. I. D. R. R.

Virtute, &c. Replegiari feci (or de­liberari feci) infranom' R. aneria infra­spec' [Page 177] prout interius mihi praecipitur.

1. Quod aueria & catalla infranom' R. ( quae I.S. cepit & iniuste detinuit, vt dicitur) elongata sunt (ad loca mihi in­cognita) per praed' I.S. Ideo prefato R. aueria & catalla sua praed' Repleg' non possum prout interius mihi praecipitur.

2 That the defendants hath esloig­ned (or conueyed away) the cattell out of his bailiwicke (or County) Ideo, &c.

3. Quod accessi ad locum, &c. Et visum habere non potui de auerijs, &c. Ideo, &c.

4. Quod nullus venit ex parte que­rentis ad demonstrandum mihi aueria, Ideo, &c. And yet if the Plaintife shew­eth the Officer a strangers cattell, and the Officer deliuereth them, he is a tres­passer by some opinions.

5. That the defendant claimeth property in the goods, Ideo, &c.

6. That the Plaintife hath taken his cattell againe.

7. That the cattell are dead.

8. That the defendant hath put the cattell within the Rectory of the [Page] Church of W. so as hee can not make deliuerance.

9. Also where the cattell are driuen into a Fort or Castle, it seemeth that the Sherife may returne, Elongata, &c.

But these returnes following are not good, viz.

1. That the Cattell are in a Fort, Castle, or Parke, so that he could not make deliuerance, is not good.

2. Quod aueria, &c. Elongata sunt ad loca incognita infra Comitatum me­um, is not good, for the Sherife is to take notice of them if they bee within his County.

3. Quod visum habere non potui de auerijs, is not good without saying, Accessiad locum, &c.

4. That the baylife or seruant clai­meth property for his master, &c. for by some opinions, the master cannot claime property by his baylife or ser­uant. Quaere & vide hic cap. 70.

5. That there are no such (goods or) cattell within his bayliwicke: for in such case the Sherife must returne, [Page 178] Quod elongata sunt.

6. That the defendant tooke the cattell for the Kings debt, &c. Or,

That the defendant deliuered the cattel to another in execution by force of a recouery, &c. these are no good returnes.

Also the Sherife (vpon a Repleuin, &c.) may not returne, Mandaui balli­uo libertatis, &c. Qui mihi nullum de­dit responsum. Or qui non vult facere Deliberat', for that the Sherife (vpon such returne, &c. made by the baylife of the Libertie, or vpon such default of the baylife) ought himselfe presently to enter into the Franchise, and to make deliuerance of the cattell, &c. hic cap. 40. & 114.

Plus hic cap. 114.

Ʋirtute istius breuis mihi directi de­liberari (siue Repleg') feci infranom' R. B. aueria quae I.S. in Curia Dom' Re­gis [Page] adiudicat' fuer' prout interius mihi praecipitur.

Vpon the Returno habendo, the She­rife may returne, Quod aueria elongata sunt, &c.

But if the writ de returno Hab' bee a­warded to the sherif after the writ of se­cond deliuerance prayed by the Pl', the Sherife hath no power to execute the returno habendo, but the second deliue­rance; for the writ of second deliue­rance is a Supersedeas to the returno ha­bendo, so as the Sherife cannot returne it, &c.

Note by some authorities, that the Writ de returno habendo, is not retur­nable.

Also note that the Sherife) before he maketh deliuerance of any distresse) must not onely receiue of the Plaintife, Pledges de prosequendo, but also Pled­ges for the returne of the beasts, if re­turne be awarded. Plus hic cap. 114. And if the Sherife taketh insufficient Pledges de returno Hab' they are as no Pledges, and he shall answer the price of the beasts, &c,

CHAP. 75. Retorne de Scire facias.

VIrtute istius breuis, &c. per C. D. & E.F. probos & legales homines de balliua mea, Scire feci infranom' I.S. quod sit coram Iustic', &c. (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, &c. Or, Ad informand' dict' Dom' Regem, prout, &c. Or, Ad faciendū & recipiendum eaquae istud Breue exi­git & requirit. Or, Ad faciend' quod Breue requirit.

And note that it is not enough for the Sherife to returne, Scire feci I. S. infranom', quod sit coram, &c. but hee must also warne (or giue knowledge to) the partie Defendant) that hee ap­peare in such a Court at such a day, and at such a mans suit, there to doe that [Page] which the Writ requireth: and then his Returne must be, Scire feci, &c. ad essend' coram, &c. adfaciend, &c. pro­ut ut istud breue 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 downe in the Returne, vt supra.

Also in the returne of the Garnish­ment by C.D. and E. F. these words, Probos & legales homines, seeme to be materiall, for else the Garnishers may be attainted or outlawed, &c.

The Sherife returneth, Scire feci haeredibus & terrae tenent', without na­ming their names, it is not good.

In a Scire facias, I.S. Magistro Col­legij, &c. the Returne was, Scire feci, Magistro, without naming him, it is voyd.

In a Scire facias to execute a Iudge­ment or Fine, the Sherife must returne the names of the Summoners and Veyors.

In a Scire facias the Sherife may returne, Quod Breue tarde venit, &c.

In a Scire facias against two, the Sherife returned, Scire feci the two, modo & forma prout istud Breue exigit &c. and it was holden good, though he returned not seuerally Scire feci.

In a Scire facias, it is a good return, That the partie is dead.

So in a Scire facias to haue return of Cattell, it is a good returne, that the Cattell are dead.

In a Scire facias against the husband and wife, it is no good Returne, That they are diuorced. Hic cap. 36.

Against a Parson, it is a good re­turne, that the Parson had resigned his Benefice before the Writ came to him.

In a Scire facias against two, the Sherife may not returne, That one of them was garnished, and that the other Nihil Nihil. habet: for though hee hath nothing, yet the Sherife might haue garnished him by his person.

And so note that in a Scire facias the Sherife may garnish the partie by his person, or vpon his lands, or by his goods. Quaere how? It seemeth by At­tachment of his goods.

And therefore in a Scire facias, where the Sherife returneth, Nihil ha­bet in Balliua mea per quod ei scire face­re possum, He must returne further, Ne­que est inuentus 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 balliua mea, qui­bus aliquo modo scire facere possum, this is good.

Note when the Shsrife vpon the Sci­re facias warneth one to appeare, &c. that properly is called Garnishment.

And if the Sherife shall returne gar­nishment where no garnishment was made, he is punishable.

CHAP. 76. Retorn' de secunda Su­peroneratione.

1 VVHere the first Admea­surement was made be­fore [Page 181] the Iustices, scz. where the Writ was remooued before them out of the County Court,) there vpon this Writ de Secunda superoneratione (directed to the Sherife to enquire of the second surcharge,) the Sherife first ought to summon the parties to be before him at the time of his Enquiry.

Then he ought to goe in person to the place, &c. and to make his inquiry by a Iury, in the presence of the par­ties (if they will come and appeare) that so they may shew and deliuer their euidence and proofes to the Iury.

And if vpon this Enquiry the se­cond surcharge be found, the Sherife ought to returne the same Inquisition into the Court of the Common Pleas, by Indentures vnder his owne Seale, and the seales of the Iurors.

And here the parties may haue 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 remoued,) thereupon this [Page] Writ de secunda superoneratione, the Sherife needeth not to summon the parties, &c.

And yet here also the Sherife must enquire by a Iury, (of the second sur­charge:) and in both cases the second surcharge being found vpon this En­quiry, the Sherife must further enquire of the cattel so put vpon the Common aboue the due number, or of the value of them; and must returne the same al­so in his Inquisition, by indenture, &c. as aforesaid.

But here the parties shall not haue their Challenge to any of the Iurors.

Note that vpon this Writ de Secun­da superoneratione, the Sherife in both cases ( scz. whether the first admeasure­ment were made before the Iustices, or before the Sherife in his County) is to goe in person to the ground surchar­ged; And he must cause the Iury to see the same ground, and to see the number of the cattel of the defendants which are put thereupon; and then the Sherife may make his Enquirie elsewhere.

And the Cattell put by the Defen­dant vpon the common aboue the due number, shall be forfeit to the King in both cases.

And the Sherife vpon his account in the Exchequer, shall in both cases bee charged either with the Cattell, (as forfeit to the King) or else with the va­lue or price of the same cattell: and the Sherife vpon his account also shall bee examined vpon his oath, how many Cattell of the Defendant were found vpon the same ground aboue the due number.

Note also, that if the writ were not remooued, but remaineth in the Coun­tie court, there the Def. cannot auouch to warrantie, nor haue the view, nor other such aduantages before the Sherife.

CHAP. 77. Retorne Breuis Originalis in Trespasse.

Plegij de Prose­quendo.

• Ioh. Doo.
• Rich. Roo.

And if the Defendant be sufficient, then thus:

Or thus: ‘Infranom' I.S. attachiat' est per vnū Bouem pretij 20.s.’

But if the Defendant bee insuffici­ent, then thus: ‘Infranom' I.S. nihil habet in balliua mea per quod attachiari (vel distringi) potest.’

And in Trespasse, Nihil habet, &c. is a good Returne, without saying, Nec habuit post receptionem Breuis, or die quo, &c.

In this writ to enquire of damma­ges in an action of Trespasse, the Iurie may not nor cannot find that no Tres­passe is done; neither may the Sherife make such a Returne.

But if the Iurie wil find no damma­ges, there the Sherife may make his re­turne accordingly, scz. That the Iurie found or gaue no dammages.

CHAP. 78. Retorne de Venire fac' defend'.

VIrtute istius breuis, &c. Venite feci infranom' I.S. coram, &c. ad diem infracont' ꝓut interius mihi prae­cipitur.

Infranom' I.S. attach' est per Pleg', &c.

• I. Fen.
• R. Den.

Infranom' I. S. attachiatus est es­send coram Iustic' infrascript' (tali die, Alias. &c.) ad certificand secund' formam huius breuis per Pleg'

• P.R.
• I.W.

Infranom' I.S. nihil habet in ballina mea per quod potest attachiari, vel vbi eum Summonire possum.

For vpon the Ʋenire facias, if the Defendant bee sufficient, the Sherife may returne him summoned or atta­ched.

Then write downe the names of twentie foure Iurors, thus:

• R.W. de E. Gen'.
• F.C. de W. Yeoman.
• P.R. de B. Yeoman.

And yet it seemeth not needfull, to returne Manucaptores here.

But vpon this writ the Sherife must necessarily returne twentie foure.

Also the whole Iurie must necessa­rily bee of such as dwell within the Shire, &c. See hic cap. 85.

The Sherife must not returne Veni­re feci, &c. but he must returne, Exe­cutio istius breuis, &c. vt supra.

Vpon the Ʋenire fac' Iurator', the Sherife shall return no issues; but vpon [Page] the Distring', or Habeas Corpora Iu­rator', he must returne issues. Hic cap. 90.

If any of the Iurors be misnamed ei­ther in their Christian name or Sir­name, it is erronious.

The Sherife shall returne no Iuror without some true and certaine additi­on. Hic cap. 85.

Hee shall not returne the same per­sons which haue passed in a former en­quest for the same cause.

He must returne the name of the Iu­rors in a schedule, and not vpon the backe of the Writ.

And if the parties shall admit a Visne (or such a Town to be) although there be no such Towne, yet the She-may not returne that there is no such Towne; but he ought to make his Pan­nell de Corpore Comitatus.

Note that here issues must be retur­ned vpon euery Iuror, See how much shall be returned vpon them in issues. Hic cap. 90.

Where the old Sherife returned a Iuror in issues, the next Sherife may not returne him Nihil, &c. See hic cap. 44.

Also the Sherife must returne them attached; and not to returne Quod ha­bet corpora eorum.

Vpon the Habeas Corpora Iurator, if any of them be dead, the Sherif may returne them Mortuus: and if after a Distring' Iurat', or a Decem Tales shal goe out, the Sherife may returne that o­thers of them are dead.

Vpon the Habeas Corpora Iurat', the Sherife may returne Manucaptors [Page] (or Pledges) vpon the Iurors, as a­boue.

But that is not required (nor best) in the first Ʋenire fac' Iurator', nor in the Decem tales, or Octo tales.

This Habeas Corpora is to bring in the Iury (or so many of them as refu­sed to come, or did not come, vpon the Ʋenire facias) for the triall of a cause brought to an issue.

And then set downe the names of the Iurors, vt supra.

Exitus corum cuiuslibet. x.s. (or more according to the Statutes, which see hic cap. 90.91.

It seemeth also that the Sherife ought to returne Pledges of the Manucaptors in this manner following.

So that vpon the Distring' Iurat', [Page 186] the Sherife must returne the names of the Iurors, and the names of the Manu­captors of the Iurors; and issues vpon the Iurors; and also the names of the Pledges of the Manucaptors; and that without all these the Processe is not serued.

Vpon the Distring' Iurat', the She­rife returned Nihil habet, &c. vpon one of the Iurors, this is not good.

Vpon this Writ the Sherife retur­ned, that as to some of the Iurors hee serued the Writ; and as to the rest Mandaui balliuo Libertatis, &c. but the Sherife was amerced, for that the Writ colud not be serued by two. hic cap. 39.

Vpon the Distring' Iurat', the She­rife may returne Tarde, in this man­ner.

Quod distringend' I. M. & alios Iurator' infrascript' essend coram Iu­stic' ad diem & locum infracontent' istud breue adeo Tarde mihi liberat' fuit, quod propter temporis breuitatem Executionem inde facere non possum ad presens. Sed de nouo apposui Decem [Page] tales, vel Octo tales, vt proprium sequit' prout in isto breui mihi praecipitur. A.C. D.E.F.G. &c.

Note that vpon the Habeas Corpo­ra Iurotor' and vpon the Distring' Iu­rator', the Sherife ought to returne the names of al that were in the Venire fa­cias; and if any of them be dead, hee may returne them Mortuus.

And vpon the Habeas corpora Iu­rator', as also vpon the Distring' Iu­rator', the Sherife must returne reaso­ble issues according to the Statute in that behalfe. See hic cap. 90. 91.

CHAP. 79. Returne de Summons in vasto.

Note that first the Summons must bee made vpon the land wasted; and after the Sherife must proclaime the Summons at the Church doore of the parish where the land or house ly­eth; and then hee must make his re­turne of all as aforesaid, hic cap. 102.

After the Summons &c. (if the de­fendant appeareth not) there shall goe out an Attachment, and after that a Distringas: And after the Distresse, vpon the default of the defendant in not appearing, there shall go out a writ to the Sherife to enquire of the wast, &c.

Vpon the Attachment, or Distrin­gas, [Page] the Sherife may returne the defen­dant Nihil habet &c. vpon which re­turne also a writ shall goe out to en­quire of the wast.

Also in wast at the Distringas, the Sherife returned that the defendaunt was distrained, & returned two main­pernors, and for that the defendant ap­peared not, a writ went out to enquire of the wast, which beeing found the plaintife recouered &c. And the de­fendant brought his writ of Disceit a­gainst the Sherife, for returning that he was distrained, whereas he was not.

In wast the Sherife returned the name of the partie in false Latin, Io­hannes for Iohannem, yet the returne allowed.

Note that in this writ to enquire of Wast, the Sherife is made a Iudge of the cause, and therefore he must goe in person to the place wasted, &c. to view the same wast.

And though it bee 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 returne, Mandaui balliuo libertatis in any case.

He must make enquirie of the Wast [Page 189] by a Iurie of twelue men.

If the places wasted lie in seuerall towns, yet he (together with the Iury) must goe to euerie towne and to euerie place wasted, and to view the same (or at least hee must cause the Iurie (or some of them) to goe & see the wast in each towne and place;) and then he may make his Enquiry in any one of the townes where the wast was committed or assigned; And his in­quisition taken at one of the towns wil serue for all.

And he must make his return, Quod virtute breuis, &c. Accessit ad Tene­menta (or loca) vastata, scz. to all the Townes in which the Wast was assig­ned, and at A. (beeing one of the townes) fecit Inquisitionem, &c.

Wast committed in A.B. and C. the Sherife must returne, Quod accessiit ad Tenementa infrascripta.

He may not returne, Quod accessit ad villam, but ad locum.

Where the Sherife shall doe his Of­fice well in one towne, and not in the other, a new writ must be awarded and [Page] and all enquired of de Nouo, for all the Inquisition must bee made at one time, and by one and the same Iurie.

Also in such Inquisition the Iurie must find the wast in certaine, and also the value thereof, (in euerie particular) scz. succidendo so many Okes, &c. ad valenc', &c. and yet they must find but the single value onely.

He must also in his return set down the certaine day when the Inquisition was taken.

In wast against two, the Iurie may find that the one of them made the Wast, and not the other, and so the Sherife may returne it.

But in wast against two, of Tene­ments which they held for life of the lease of the Auncestor of the Plain­tife, the Iurie found that they held not the Tenements for life of the Lease of the Auncestor of the Plain­tife, and the Sherife returned it accor­dingly, and was therfore amerced, scz. for taking such a verdict without war­rant.

The Iurie vpon the writ to enquire [Page 190] of wast, may find that no wast is done, and the Sherife may returne it, if it be true: but otherwise it is if the wast be confessed by the Defendant.

In wast against Tenant for yeares, the Plaintife recouered the place wa­sted, and dammages, and the Sherife returned that no bodie came (of the part of the Plaintife) to receiue the sei­sin; and further, that the Defendant had no goods, &c. whereupon he could leuie the dammages; the returne is good. But yet the Sherife might haue deliuered the terme to the Plaintife, in execution for his dammages.

Vpon a Writ to enquire of Wast, if the Iurie (after their charge) shall de­part without giuing any verdict, the Sherife may returne the same departure and contempt of the Iurie. Quaere if the Sherife may not assesse a Fine vpon them for such their departure, & return the same.

Now when the Sherife hath made this his enquirie of the Wast, then must he return the Inquisition before the Iu­stices of the Common Plees, and the [Page] single value of the Wast, and then the Iustices shall taxe the wast, &c.

Note that the Defendant is to an­swer for (and the Iurie are to find and value) as well the wast committed be­fore the writ purchased, as the wast made after.

Vpon this Inquisition taken before the Sherife, the Defendant may come and haue his challenge to the Array, al­though that the Inquisition bee taken by default.

Vpon a Nihil dicit in Wast, a Writ went out to the Sherife, commanding him, Quod in propria persona sua acce­dat ad terram vastatam, to enquire of the dammages; here it is not needfull that the Sherife should goe thither in person, for that is onely to be done In vasto inquirendo.

What the Sherife may doe in a writ of Estrepement in Wast, See hic Cap. 58.

CHAP. 80. Retorn' de Withernam.

VIrtute istius breuis, &c. Cepi duas vaecas de auerijs infranom' I.S. ad valenc', &c. (or duas patellas aereas de bouis infranom' I.S.) Et ea W.B. in­franom' deliberari feci in Withernam salue custodiend quousque praed I.S. Ca­talla praed' W. B. deliberare voluerit, prout istud breue in se exigit & requi­rit.

Virtute, &c. Cepi in Withernam du­as bouiculas de auerijs infranom' I.S. Quae aueria duci feci ad H. in Com' praed' Salue & secure ibidem custodiend secund exigentiam istius breuis. Aliter.

Infranom' I.S. Nulla habet bona ne­que Catalla in balliua mea quae in Wi­thernam capere possum, prout, &c. Nihil. Nee aliud habet in balliua mea ꝑ quod potest Attachiari; Nec est inuentus in eadē. But quaere of these two last, scz. whe­ther the Sherife may attach the defen­dant [Page] without new proces, or some spe­ciall clause in this Writ.

Also vpon this Writ the Sherife may returne Tarde.

And note that the beasts or goods taked in Withernam, the Sherife may either deliuer them to the Plaintife to keepe, or may keepe them himselfe; or may driue or send them to any place within his County to be safely kept, quousque, &c.

The Sherife may returne that he did not deliuer the cattell to the Plain­tife, for that he was not in the Coun­try.

Though the Repleuin be of pots or pans, &c. yet vpon the Withernam the Sherife may take any cattel or other goods.

The Sherife may take goods or cat­tell, to the double value; yea the She­rife 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 Chan­cerie.

* Or such Proclamations would be made in diuers seuerall places, (and at diuers seuerall times) within the same sheire, and be returned accordingly.

Vpon a Supplicauit directed to the Sherife, and Iustices of Peace of that County, if it be deliuered to the She­rife, he onely ought to execute it. scz. he is to grant out his warrant, to bring the party before him alone, to find Sureties for the Peace, and he is further [Page] to doe in euery behalfe according as the Writ directeth him.

CHAP. 82. Retorne of Proces out of the Eschequer.

Vide hic cap. 56, how the Returne shall be where he is sufficient.

Nihil. Nullum tale maner', nec vlla terra seu tenementa cognit' per nomen de E. iac' in Com' C. vnde distringere pos­sum, Distring'. &c.

Aliter. Infranom' I.S. nihil habet in mane­rio, terris & tenementis infrascript' per quod ipsum distringere possum, prout, &c. Aliter.

Infranom' I.S. nihil habet in balliua mea, &c. Nec est inuentus, &c.

Aliter. Et vlterius Baron' infrascr' certifi­co, Quod nulli sunt execut' vel admin', bonorum & catallorum quae fuer' infra­nom' I.S. vnde ipsos aut eorum aliquem distringere possum.

Homage. Retorn' Breuis de respect' homage al Distringas.

Manucaptores Infranominat. I.S.

• Ioh. Doo.
• Rich. Roo.

Exitus xx.s. (more or lesse, accor­ding to the value of the land.)

Retorna breuis per collect' deci­mae & quindecimae extra Scac'.

That A. refused to bee Collector of the Taske, or to seale the Bond. See my booke at large.

That C. hath sealed a Bond for the Collection thereof, ibidem.

Virtute istius breuis 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 diē & locum infracont' parat' habeo ad reddend', &c. prout interius mihi praecipitur. Et residuum bonor' & catallor' praed' adhuc penes me remanent inuendit' pro defectu emptorum.

CHAP. 84.

Cantabr. Nomina Iurator' ad inquirend' pro Domino Rege de quibusdam ill citis ag­gregationibus & riottis, Schedula. &c. apud Abb' magna commissis, Summon' ad essend. coram Iustic' Domini Regis apud Lin­ton in Comit' praed', (tali die & anno) secund' exigenc' cuiusdam warranti huic schedulae annex'.

And then vnderneath write downe the names of the twentie foure thus:

• T.B. de Lynton.
• R.B. de eadem.
• I.P. de H.

CHAP. 85. Returne of Iuries.

IVries are of two sorts, scz. for Enquiry, or Triall.

For Enquiry, For Inquirie. the Sherife vpon the precept of the Iustices, is to summon, and to returne the grand Iuries to the Assises or Gaole deliuery, and to the Quarter Sessions, &c. Hic ca. 46, 47.

Hee is likewise to summon and re­turne Iuries (for Enquiry) before the Iustices of peace at their priuate Sessi­ons ( hic cap. 84.) as also before other commissioners, & before Escheators, & Coroners, and Clerks of the Markets, vpon their seuerall Precepts directed to him for that purpose. Hic Cap. 83. & 100.

Iuries for triall For Triall. (betweene party and partie) the Sherife likewise vpon the Kings writ is to summon them, and to returne the pannell of their names, at the day and place in the [Page] Writ limited, together with the Writ.

And for these Iuries for tryalls, the Sherife ought to make their Pannels so, as that the parties may haue Cop­pies thereof before their triall. And these coppies of Pannells shal be inden­ted and deliuered to the parties (vpon demand) before the sitting of the Iu­stices.

Baylifes of Liberties must returne (to the Sherife,) the names of persons by them impannelled, eight dayes be­fore the Assises, &c.

The Sherife is to summon, (warne, or distreme) all such persons as he min­deth to returne vpon any Iury (either for enquiry, or triall:) And if the She­rife shall returne any Iuror not lawful­ly summoned, &c. the Sherife is puni­shable.

So if the Sherife shall summon, &c. any Iuror, and shall not returne him, he is punishable.

None are to be put vpon any Iury, but such onely as were summoned to the same at the first. And yet Pannells returned before Iustices of Gaole deli­uery, [Page 198] or before Iustices of Peace (in their open Sessions) for Enquiry, may be reformed by the Iustices; And the Sherife ought to returne the Pannels so reformed. And so of Pannels for try­all, vpon a Tales de Circumstantibus, granted by the Iustices, &c.

Also Iurors (aswell for Enquiry, as fortriall) shall be returned by the She­rife without any denomination of any person whatsoeuer, other then the She­rifs sworne Officers, &c.

And the High Sherife by his oath must make the Pannels himselfe.

Now what manner of persons Iurors for Tryalls shall be.

1 First they must bee Probi, & Legales homines.

Probi, scz. such as are not discredi­ted (or disabled in their credits) in law, by attainder, in conspiracie, in atteynt, Decies tantum, periurie, subornation of periury, concealement, or such like.

Legales, scz. such as are not vtlawed, abiured, condemned in a Praemunire, or atteynted of treason or felony.

2 They must be such as are neigh­bors, [Page] sufficient, not suspected, nor la­bored.

3. They must also be Liberi, scz. Freeholders: Except where an Alien is a party (there the one halfe of the En­quest shall be of Aliens, though they haue no land) or in some few other cases.

But the Sherife ought not to returne vpon any Iury, any Baron of the Par­liament.

Nor any of the Clergy, though they haue Lay fee.

Nor tenants in ancient Demesne; except they haue other lands.

Nor Officers of the Forrest.

Nor any of the Coroners of the Countie.

Nor any of the Officers, or seruants belonging to any Sherife, Vndershe­rife, Coroner, Steward of Franchise, or Gaoler.

Nor any person being aboue the age of lxx.

Nor any person decrepit.

Nor any persons diseased at the time of their Summons.

Nor any Enfant vnder the age of xxj.

Nor any person dwelling out of the County.

Nor any person hauing a Charter of Exemption, if he shall shew the same to the Sherife.

Nor any Alien, except where an A­lien is party to the suite.

Nor any person which is of kind­red to either partie, Plaintife, or defen­dant.

Nor he which is a seruant, or hath a yearely fee of either party.

Nor he which is within the distresse of eith [...] party.

Nor he which maintaineth either party in the same suite.

Where a Peere of the Realme is par­ty to the action, there must bee two Knights (at the least) returned of the Iury.

Also vpon triall of any issue, the Sherife must returne in euery Pannell (vpon the venire fac'.) Sixe Hundre­dors, scz. Sixe sufficient persons of the Hundred where the land in controuer­sie [Page] lyeth, or where the fact is supposed to be done.

The Sherife shall returne no Iuror without a true Addition Addition. of his dwel­ling place: or some other Addition by which he may be knowne.

And baylifes of Liberties shall deli­uer (vnto the Sherife) vnder their hands, the names of all such persons within their Liberty, as are meete to be Iurors, with the true addition of their dwelling place: and the Sherife must returne it accordingly.

Iurors for Enquiry, ought also to be Probi, & Legales.

CHAP. 86. Iurors their number.

VPon euery Venire facias, for the impannelling of a Iury, the She­rife must returne 24. neither more nor lesse.

In a Writ of Attaint, the Iury (cal­led the Grand Iury) must be 24.

And the Sherife must returne but so many. Hic cap. 51.

And in all other actions, trialls, or enquiries, the Sherife vpon any Writ or precept directed to him for retur­ning of a Iury, hee is to impannell and returne xxiiij,

The Iury in a Writ of Right (cal­led the Grand Assise) must be of foure Knights (or of others in default of Knights) summoned and returned by the Sherife, which 4. Knights, &c. are to chuse a Iury of xij. vnto them (and so in all here must be xvj.) all which are to be summoned by the Sherife, vp­on a writ to him directed, and their names to be returned.

At euery Gaole deliuery, and Sessi­ons of the Peace, the Sherif is to return 24. Iurors for enquiry, out of euery Hundred; besides 24. for the body of the County, hic cap. 46. & 47.

Vpon a Precept to the Sherife from Iustices of Peace, out of their Sessions, to return before them a Iury to inquire of any riot, or forcible Entrie, the She­rife must returne 24.

But vpon issue ioyned vpon pre­scription of Common in a great wast lying in two Counties, and a triall a­warded de Vtroque Comitatu, if in each Pannell twelue onely be returned, it seeme [...]h to be good.

Iuries for enquirie in the Sherifes Turne, shall be of twelue at the least.

And so in all Enquiries made (or Inquisition takē) by the Sherife, Eschea­tor, or other commissioner, the same ought to be by 12. Iurors at the least.

And so of Trialls in the Countie Court by a Iusticies, the same ought to be by twelue men.

Note that where seueral Indictments are preferred against diuers seueral pri­soners, the Sherife may returne one and the same Iurie two or three seuerall times, to trie those prisoners, so as the euidence against all the prisoners be deliuered all at one time.

No Sherife or other Officer, shal take any reward (or promise of reward) for sparing, not warning, or not returning of any Iuror, for triall of any issue, sub poena 5. li.

The Sherife is to adde and annex to his Pannell, the names of such per­sons as shall bee impannelled vpon the Tales.

Note that there may be many Tales one after another, till the Iurie be full; as a Decem Tales, Octo Tales, &c. Sex Tales, &c.

But euery Tales must bee of a lesse number than the former. And euery Tales must bee of fewer than the principall Pannell (except in Indict­ments and Appeales that touch life.)

And euery Tales must be of an euen number.

And they must bee others of the same sort that the principall Pannell were of.

Although the writ be Ʋenire facias xij. liberos & legales homines, yet if the Sherife shall returne the names of twelue onely, he shall be amerced. And if hee shall returne twenty three, and twelue of them shall appeare, and giue their verdict, yet it is erronious.

CHAP. 87. The sufficiencie of Iurors.

BY a statute made 21. Ed. 1. and yet in force, euery Iuror for triall of a­ny matter within the county, must haue in freehold per annum — 40. s.

Euery Iuror for triall of any matter out of their County, must haue in free­hold per annum at least — v.li.

Now it is to be obserued that forty s. in those dayes, doth make at this present, at the least six pounds of our money; and therefore for the retur­ning of more sufficient Iurors for tri­als, by later Statutes it is now enacted that where formerly they ought to haue forty shillings per annum, Now the Ʋenire facias, shall haue this clause Quorum quilibet habeat 4. li. per annū, ad minus. And vpon such a Ʋenire facias the Sherife shall returne no per­son, vnlesse hee may spend 4. li. per annum, of Freehold within the county, [Page 202] and out of Antient Demesne. And where that clause is left out of the Ʋe­nire facias, (scz. quorum quilibet ha­beat 4. li.) there the Sherife may return such as haue any Freehold within the Countie where the Issue is to be tried.

But these last Statutes extends not to any Iurors to be returned in any ci­tie or towne corporate, or in Wales.

Againe, no person shall passe in any Enquest touching life, nor in any plea reall or personall, whereof the debt or dammages declared, amounts to fortie Markes, except such person haue fortie shillings in land per annum, so that they be challenged for that cause, &c. But where any Alien is a partie, one half of the Enquest shall bee Aliens, though they haue not 40.s. per annum.

In writs of Attaint the Sherife is to returne vpon the graund Iurie 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 personall of fortie pounds or more, euerie of the grand Iurie must haue in freehold lands per annum twen­tie [Page] markes at the least. See hic cap. 51.

Euery Iuror returned before Iusti­ces of Peace to enquire of any forcible Entrie, &c. must haue 40.s. freehold ꝑ annum.

Euery Iuror returned before Iusti­ces of Peace to enquire of any Riot, &c. must haue xx.s. free-hold ꝑ annum: or in Copihold xxvj.s. viij. d. per an­num.

Vpon a Commission to enquire of the default of Iustices of Peace and Sherifes in not executing the Statutes made for suppressing of Riots, such Iu­rors onely shall be returned as haue xx. pounds ꝑ annum at the least.

Euery Iuror returned before Iustices of Peace, to enquire of concealements of other Enquests, must haue 40.s. per annum.

Euery Iuror returned before Eschea­tors or Commissioners, to enquire of any lands, must haue 40.s. freehold ꝑ annum.

Euery Iuror impannelled in the Sherifes Turne, must haue xx. s. free­hold [Page 203] ꝑ annum: or in Copihold xxvj. s. viij.d.

For the sufficiencie of Iurors in Lan­cashiere, Wales, London, and corporate townes. See the Statutes.

Note that Tenant for life, yeelding a rent, with a clause of Reentry for Non payment, is no sufficient freeholder to be sworne of a Iury, his estate being so defeasible.

A Lease is made to B. for yeares, the Remainder to C. in fee, here C. may passe vpon a Iury for this freehold.

B. maketh a Lease for x. yeares, abs­que aliquo reddendo, here B. is a suffi­cient freeholder to passe vpon a Iury, for his freehold remaining.

Plus hic cap. 92.

Note that it is needfull for the She­rife to haue a booke conteining the names of all the Freeholders within his County, and their sufficiencies, that so he may not onely make the Pannells according to his oath; but may also know their sufficiencie to be sureties or Pledges, &c. for others.

And besides if they returne any Iu­ror [Page] in issues which is not sufficient, the Sherife may be inforced to pay their is­sues for them.

CHAP. 89. Returne of issues vpon the de­fendant or tenant.

THe Sherife stands bound (by his oath) to set, and to returne reaso­nable and due issues vpon all such as be within his County ( scz. vpon the tenants or defendants) which haue such lands or goods after their estate, to the end they may the rather appeare.

And the tenant or defendant ma­king default of appearance (after the first attachment returned) scz. vpon the Distringas, shall loose and forfeit issues to the King.

If the Sherife shal set and return too small issues vpon the tenant or defen­dant, he is punishable.

When the tenant or defendant is distreined for such issues, it seemeth that [Page 204] the Sherife ought to deliuer them to the Mainpernors or Manucaptors, and if the party maketh default at his day, the Sherife shall answer for those issues in the Exchequer by the Estreates ther­of made; and the Mainpernors shall be answerable therefore to the She­rife.

Vnder 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 corne growing.

But yet for rent, the Sherife nee­deth not to returne that for issues, ex­cept they be then due.

And for corne growing; the Sherife must be warie in returning them for is­sues, for that they may be lost or spoi­led before they be carried.

2 Goods, scz. Corne in the barne, and all moouables (except apparrell, houshold-stuffe, horses and their har­nesse.)

And by the Stat. the Sherife ought to returne in issues vpon euery defen­dant or tenant, Quantum. so much as may arise of [Page] the profits of their lands within that County from the day of the Teste of the writ, vntill the day of the returne thereof, and the value of his goods (ex­cept vt supra.) But it seemeth that this Law is not now much in vse, whereby (as Master Fitzh. sayth) great incon­uenience ariseth, & besides it is a breach of the Sherifes oath.

Otherwise at this day the Sherife neede to returne but reasonable issues: But be they neuer so great, they be for­feit vpon his default, and the party hath no remedy; and the Sherif shall be char­geable therewith being estreated. See hic cap. 11.

Note that with these issues the land is chargeable into whose hands soeuer it come after. See hic cap. 11.

CHAP. 90. What Issues the Sherife must re­turne vpon Iurors.

BY the Common Law the Sherife was to return [...] no Issues vpon a Venire fac' Iurator': Hic cap. 78. Neither was it vsed to returne any great Issues vpon the Habeas corpor', or Distring' Iu­rator'.

But for the more expedition of Iu­stice, and more speedy triall of issues (by Iurors) and in some cases of En­quiry, there haue beene diuers statutes made as followeth.

1 Vpon euery first writ of Habeas corpora, or Distring. Iurat' &c. to trie any issue, the Sherife shall returne in is­sues vpon euery person impannelled and returned x. s. at the least. And vp­on the second writ xx. s. And vpon the third writ xxx. s. &c. Sub poena V. li.

2 In actions of Attaint the sherife [Page] shall returne in issues vpon euery Iuror at the first Distring. forty shillings at the least, at the second Distring. fiue pounds. And the double vpon euery other Distresse, Sub poena xx. li.

3 Vpon euery precept from Iusti­ces of peace to enquire of a forcible Entrie, or Riot, &c. the sherife shall re­turne vpon euery Iuror 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 euery day after double. Sub poena xx. li.

4 Vpon a Commission to enquire of the defaults of Iustices of peace and Sherifes, in not executing the Statutes made for the suppressing of Riots, there shall bee returned in issues vpon euery Iuror, at the first day twentie s. at the second day fortie shillings, at the third day C. s. and at euery day after, the double. Sub poena 40. li.

5 Vpon an Information vpon the Statute of Liueries, the sherife shall re­turne in issues at the first day twentie [Page 205] shillings, At the second day thirty shil­lings, At the third day forty shillings. and at euerie day after for euerie time to encrease them ten shillings.

What issues shall be returned vpon Iurors in London, see the Statutes, 11. H. 7. 21. 4. H. 8. 3. & 5. H. 8. cap. 5.

What issues shall be returned vpon Iurors in Wales, or in other Cities, or Corporate Townes, See 27. El. ca. 6.

If the Sherife shall returne any Iu­ror in issues which is not sufficient, (or hath no land) the Sherife shall pay those issues himselfe.

If the Sherife shall returne any is­sues vpon any Iuror which was not lawfully summoned or distreyned, the Sherife shall forfeit double so much as the said issues returned.

Plus hic cap. 11.

No Sherife shall leuie any issues, other than such as are estreated to him vnder the seale of the Exchequer. See hic cap. 13. & 125.

And these Estreats shall expresse the cause of the losse or forfeiture, the tearme, yeare, nature of the Writ or [Page] Action, and betwixt what parties the Issues, fines, and amerciaments be lost, and the Sherife in his warrants to his Bailifes, must also expresse the cause of the forfeiture.

No estreat of Issues against any Iu­ror, shall be deliuered, receiued, or put in vre, without such addition as is put in the originall Pannell; and no She­rife, &c. shall collect any issues so estreated, but of the right party, charge­able by the Estreat.

And note that all the Kings courts, Iustices, Commissioners, and others, shall deliuer into the Exchequer (at Michaelmasse yearely) their estreats of fines and amerciaments, assessed or tax­ed before them, and of all issues, &c. and from thence they shall make Pro­cesse against the parties, to answer and satisfie the same.

Note also that these issues returned vpon the Tenant or Defendant, and vpon Iurors, and lost by them in re­spect of Non appearance, and estreated as aforesaid, shall be leuied by the She­rife as forfeit to the King.

CHAP. 91.

ALl the lands which the Iuror had at the time of the Vinire facias, serued vpon him, shall be liable to his issues, &c.

If the land which the Iuror had be recouered from him; or that hee had the same land but for another mans life who is dead; then the Sherife must returne this speciall matter, Et sic nihil habet: otherwise the Sherife cannot returne Nihil, where Issues were re­turned by him before, nor vpon the Distringas Iuratores, Hic cap. 78.

Plus hic cap. 11. that the Issues may be leuied vpon the heire, successor, pur­chasor, wife, Fermour, &c.

CHAP. 92. The chusing and returning of Knights, &c. for the Parliament.

AFter the Sherife hath receiued the Writ for Summons of the Parlia­ment, and election of the Knights, &c. before the next Countie court, the She­rife must make out his Warrants to his Baylifes (of euerie Hundred) comman­ding them to summon or warne the Freeholders within their seuerall Bay­liwickes, to be at the next County, and there to make choice of their Knights, &c.

Or else the Sherife (after the receit of that writ) at some Quarter Sessions of the Peace, or other generall meeting of the countrie, may giue publique no­tice thereof to the Freeholders.

Mes si le Ʋic' done nul notice, ou Summons al Freeholders serra mischie­uous, Et vncore semble nul remedy done. [Page 207] And at the next countie, & in ful coun­tie, Proclamation shall be made by the Sherife, of the day and place of the Par­liament, and that all persons there pre­sent shall attend the election.

After the Knighs be chosen, (be they present or absent) their names shall bee written in a paire of Indentures to bee made betweene the Sherife of the one part, and some of the Freeholders, bee­ing chusers, of the other part: vnto which Indentures the Sherife and the Chusers shall interchangeably set their Scales, and that part of the Indentures sealed by the Chusers, shall bee tacked to, and returned (by the Sherife) with the said writ.

These Knights ought to bee chosen of persons resiant within the Shire; and must be Knights indeed, or else Gentlemen able to be Knights.

But no Sherife or Mayor ought to be chosen.

Also persons attainted of treason or felonie, ought not to be chosen knights for the Parliament.

Nor any person that is outlawed.

Nor any person in prison vpon an Execution.

Neither ought any such person to be chosen a Burgesse for the Parliament.

And yet it any such person shall be chosen thereto, the Sherife ought to re­turne their names.

The chusers of Knights for the Par­liament ought to be onely of such per­sons as bee dwelling within the same Shire, and such as haue fortie shillings freehold lands or tenemtnts per annum, within the same Shire, the day of the date of the same writ.

Note that by the Common Law all Freemen of England had a voyce in the election of these Knights, within the Counties where they dwelt, but now they are restrained (by Statute) to such only as haue freehold lands or Te­nements to the value of fortie shillings by the yeare, aboue all charges. By which words, Lands and Tenements, you must vnderstand,

First, he which hath no other Free­hold but the Aduowson or gift of a Church, hee thereby can bee no chu­ser, [Page 208] &c. He which hath no other free­hold than comon of Pasture, can be no chuser, &c, though that be of the value of fortie shillings per annum.

But a freehold house, or land worth thirtie shillings per annum, and a com­mon of pasture appendant, (worth twentie shillings per annum,) belong­ing to the same house, is holden to bee a sufficient Freehold.

Otherwise of a house new erected, or erected within time of memorie; for that common must be by prescription, except such house be worth forty shil­lings per annum, besides the Com­mon.

A. hauing fortie pounds per annum, letteth the same to another for life, re­seruing no rent, or but twentie shillings or thirtie shillings rent per annum, this seemeth no sufficiencie of freehold to A. during the terme.

But if A. letteth such his estate to another for yeares, (though for diuers yeares, reseruing only twentie shillings per annum, (or absque aliquo reddendo) yet here he may be a chuser, &c. for the [Page] freehold which is in him.

So if lands worth fortie shillings per annum, be letten for yeares, the remain­der to A. in Fee simple or Fee taile, heere A. may be a chuser, &c. for the Freehold which is in him.

If a man hath fortie shillings rent per annum, or one annuitie of fortie shillings per annum, (issuing out of lands) during his life, this is sufficien­cie of freehold to be a chuser, &c.

And this fortie shillings per annum, must also be certaine, and not by reason of the gaine of an Orchard, Garden, or other thing which is casuall, and not certaine, for that is no sufficiencie.

If a man hath a freehold estate of lands or tenements in the right of his wife, of the yearely value of forty shil­lings, it is sufficient.

If a man hath free warren of conies, the which communibus annis is worth fortie shillings per annum, this is suffi­cient.

If a man maketh fortie shillings per annum of his woodsales, Cole-mines, Tythes impropriate, or the like, beeing [Page 209] his Freehold, these are sufficiencie of Freehold.

Clergie men for their Spirituall Li­uings, are holden to haue no voyces in the election of these Knights. Quaere.

Fellowes of Colledges in the Vni­uersities, are holden to haue no voyces in this election of Knights, for or by reason of their chambers or other auails in their Colledges.

And Gentlemen of the Inns of Court or Chancerie are to haue no voyces therein, by reason of their chambers there.

Note that the Sherife may examine vpon oath euerie such chuser, how much Freehold hee may expend per annum.

The election of these Knights must be made in the ful county Court, & be­tween the houres of eight & 11. in the forenoone, and onely by such Freehol­ders as be then present in the Countie Court.

And the Sherife is to returne such Knights as haue the greatest number of voyces, of such chusers and freeholders.

This returne of the Sherife must be made by Indentures, sealed by the She­rife of the one part, and by the chusers of the other part. The form of which Indentures you may see in my Booke at large, cap. 92.

If the election be made in ful Coun­tie, and betweene the houres aforesaid, the Sherif may seale his Indentures, and make his Returne afterwards, and in another place.

Also this election of Knights (as al­so of Burgesses) may be by voyces, or holding vp of hands, &c. or by any other way whereby it may be discerned who hath the greater number.

Burgesses.The Sherife also vpon receit of the said Writ for summons of the Parlia­ment, ought presently to make out his Precepts (vnder the Seale of his of­fice) to euerie Mayor and Bailife, &c. of Cities and Burroughs within his Countie, commanding them to chuse their Citisens and Burgesses for the Parliament.

Those Maiors and Baylifes, &c. must make a returne of that Precept, and of [Page 210] their Election, ( scz. of their names) to the Sherif by Indentures, & the sherife must seale one part of those Inden­tures, and the other part sealed by the Maior, &c. the Sherife must certifie, and returne also with the Writ.

If any Sherife shall be negligent in making his returne of this Writ, or shall leaue out of his said returne any Citie or Burrough which ought to come to the Parliament, he shall forfeit an hundred pounds, and haue one yeres imprisonment.

If the Sherife shall doe any thing contrarie to the Statutes, either concer­ning the due election, or returning of these Knights and Burgesses, hee shall forfeit to the King an hundred pounds, and to the partie not duely returned, C. l. and haue one yeres imprisonment.

These Citisens and Burgesses of ci­ties and Burroughs, ought to bee cho­sen of persons dwelling and free in the same Cities and Burroughs, and none other in any wise. Tamen aliter in vsu.

Also the Sherife after he hath recei­ued a Writ for the leuying of the ex­pences [Page] of these Knights, at their next Countie Court are to make Proclama­tion, That all Coroners, chiefe Consta­bles, Baylifes, and others (which will,) be present at the next Countie Court after, to ass sse the fees or wages of the Knights, &c.

At this assessement the Sherife (or Vndersherife) ought to bee in person, (with the Coroners and Constables) to assesse the wages.

And the Sherife in the presence of them that come, in the full Countie, shall assesse euerie Hundred to a certain summe by it selfe, (so that the whole summe of all the Hundreds do not ex­ceed the summe due, &c.) Also the She­r [...]fe, &c. shall then also assesse euery vil­lage, &c. to a certaine summe, so that the summe of the townes exceed not the summe assessed vpon the Hundred of which they bee, sub poena thirtie pounds.

Euerie Knight of the shire is to haue thirteene shillings foure pence by the day to be paid by the Countie.

If any Sherife shall leuie more than [Page 211] shall be due, or shall not speedily leuy so much as shal be due; or shal not deliuer the same to the Knights, according to the said Writ, he shal forfeit xxx.l. &c.

The Sherife may distreyne for the moneys so assessed, and he may distrein the whole Heard (of Cattell) of the Towne, or the goods of any particu­ler man of the town, for these Monies.

Also the sherife my sell the distresses so taken.

Note that the Sherife shall assesse no Village or place hereunto, but such as antiently haue beene chargeable.

Also the freeholders & tenāts of such Lords, &c. as come to the Parliament, are not to be assessed for their lāds hol­dē of such Lords, except by prescriptiō.

Also Burrough townes which send Burgesses to the Parliament, shall not pay or contribute to these wages, ex­cept it be by Prescription.

Lords, and Tenants in Antient De­mesne shall be acquited of payments to these expences, for such their land, &c. Also Copiehold lands are not charge­able to these expences.

CHAP. 93. The Sherifes duty in executing the writ of Redisseisin.

Redisseisin.VPon this writ, the Sherife is first to summon the disseisor, and the ter-tenant, to bee before him at such time when he makes this his Inquisi­tion.

But the summoning of the ter-te­nant seemeth onely to bee, for him to giue in euidence.

The Sherif in this businesse is made a Iudge, and therefore he must in per­son goe vnto the lands or tenements wherof the plaint is made, to see them; yea though it be within a Liberty.

He must sit and make his Enquiry, in proper person; and vpon the land &c. Or at least he must cause the Iury to goe see the lands &c. And then to hold plea of the matter.

He must haue the assistance of 2. Co­roners (at the least) to sit with him at [Page 212] the taking of the Inquisition.

And these Coroners should ioyne with the Sherife, in making vp of the Record; But the Sherife is only Iudge herein.

The Sherife at his Inquisition must also haue with him certaine Knights, or other lawfull men, being neighbors dwelling neere vnto the lands &c. And before them, and the Coroners, the Sherife must make his Inquisition by a Iury.

And the Enquiry must be, whether the tenant be Redisseised, or no; and not whether he were Disseised.

This Enquiry must bee made, by two of the first Iurors (at the least) & by so many other neighbours as shall make vp a full Iury.

Although all the first Iurors bee ly­uing, yet the Sherife must take two (at the least) other new Iurors to bee of this Enquiry.

Also the first Iurours which must serue vpon this Enquiry, must bee of such as did passe vpon the principall action, and not such as passed vpon the [Page] Enquiry for damages.

The Sherife may not suffer the par­tie to haue his challenge to any of the first Iurors: But he may haue his chal­lenge to the other Iurors; but not to the Array.

The Sherife herein hath no power to try any Plea, out of the point of Redisseisin; Nor to suffer or accept of any forreine plea: Neither shall he suf­fer the disseisour to plead any feoffe­ment or release; Nor that he hath paid a fine, &c.

If vpon this Enquiry it bee found that the plaintife is redisseised (or dis­seised againe) then the Sherife must presently commit such disseisor to pri­son, there to remaine without baile vn­till he shall pay a fine to the King. And further vntill he shall be discharged of his imprisonment, by the judgement of the Kings court, and by a speciall writ reciting that hee hath payd his fine to the King, &c.

The Sherife shall receiue no Attor­ney for either party, without the kings writ (whether the Lord hath Cognu­sance [Page 213] in an assise) &c. yet the sherife shal enter the Franchise, and make executi­on of this Writ, but the Sherife shall there write his precept to the baylife of the Franchise to returne the Iury.

Vpon the Redisseisin found by the Inquisition, the Sherife also must make a record thereof, and make returne thereof.

And in this (Record and) Returne, the Sherife must shew or returne that he hath made his Inquisition, &c. in the presence of such Coroners. &c. by so many of the first Iurors, and by o­thers, &c.

He must also return Quod accessit ad locū, or Tent' a infrascipt' & not accessit ad villam: but he may returne Quod apud S. (being the towne where the land lyeth) fecit Inquisitionem, &c.

And this Inquisition must be retur­ned vnder the Seales of the Sherife, and of the Iurors: but the seales of the Co­roners seemes not to be needfull.

CHAP. 94. Where the sherife may breake open an house, to execute the Kings Writ, &c.

1. VVHeresoeuer the King is a party, or hath any in­terest in the businesse, as for the appre­hending of any person for Treason, fe­lonie, or suspition of felony, the Officer may breake open the doores.

So where one hath dangerously hurt another, and then flyeth into an house, but here fresh suite must bee made, quaere.

So where an affray is made in an house, and the doores shut.

So vpon a warrant for the peace, or good behauiour.

So vpon a warrant for Iustices of Peace, to reseise a house, and restore the p [...]rty put out, where a forcible Entrie, or deteyner, was found by Inquisition before the said Iustices.

So vpon Proces for the apprehen­ding of any Popish Recusant, being ex­communicated.

See plus my Country Iustice. cap. 78.

So vpon a Capias vtlagatum.

So vpon a Capias pro fine.

And yet the Sherife cannot breake open a doore, or a gate, &c. to distreme for the Kings rent; nor to leuy any fine, amerciament, issues, debts, or o­ther such duties due to the King, ex­cept he hath the Kings Writ, &c.

2 Vpon a Commission of rebelli­on out of the Chancerie, the Sherife may breake open the doores or house to apprehend the party. But quaere, if vpon an Attachment, or vpon an In­iunction, they being the suite of the partie.

3 Vpon an Habere facias seisinam, or possessionem, the Sherife may breake the house, and deliuer seisin, &c. yea the Sherife ought to execute this Writ, al­though that an estranger bee lawfully seised of the house or land, &c.

4 In Execution of the Commission [Page] of Bankrupts, by warrant vnder the hands and seales of the said Commissi­oners, the Sherife may breake open the houses, chambers, shops, doores, or chests, &c. of the Bankrupt, wherein a­ny of his goods be, or shall be reputed to be, and to seize vpon the body and goods, &c.

5 To deliuer cattell impounded, &c. in a Castle, Fort, or House, &c. See hic cap. 114.

6 Also where one being vnder ar­rest, vpon an Execution (or otherwise) shall escape into an house, vpon pursuit the Officer may breake open the house to take his prisoner againe.

7 So wheresoeuer the Officer hath once lawfully entred the house (or into one roome) he may breake open any other roome there, vpon refusall to let him goe in.

8 If the doore be open, and the Of­ficer commeth to the house and shew­eth the Kings Proces, and offereth to enter to execute the same, and then the doores be shut against the Officer, here the Officer may breake open the house, [Page 215] &c. for that here he had lawfully be­gun to execute his Proces.

9 Where the Officer hath once law­fully entred an house to make executi­on of his Proces, the doore being open and then the doore is shut, and so the Officer is detained prisoner in the house, the Sherife is to deliuer his Offi­cer may breake open the house.

B [...]t where the outward doore is shut before the comming of the Officer, there he cannot iustifie the breaking o­pen of the house or doore, to execute a­ny Proces vpon the body or goods of any person at the suit of any subiect for any debt, dammages, or the like.

And yet in all cases if the outward doore be open, the Officer may enter and make execution of any Proces, at the suite of any Subiect: otherwise if the doore be shut, though onely lat­ched.

But note wheresoeuer the Sherife may breake open an house, yet first hee ought to make request to haue the dore opened; and withall he must signifie the cause of his comming.

Also hee may not breake open the house or doores, [...]here he may enter o­therwise.

But the Law giueth no colour in a­ny case to break open a mans house by night, except onely for the apprehen­ding of traytors or felons.

Neither shall any mans house priui­ledge or protect any stranger, for their body or goods (to preuent the Kings Proces) Vide et Nota.

Vpon a Fieri facias, the Sherife breaketh open a dore, or a chest to take goods in Execution, an action ly­eth against him for breaking thereof.

CHAP. 95. Where the sherife may take Posse Comitatus.

THe Sherife and his Officers may take the power of the County, as well for the safegard of their persons, as to execute the Kings Proces or Writ (be it a Writ of Execution, Repleuin, [Page 216] Capias, &c. or any other Writ) and such as shall not assist the Sherife and his Officers therein, being required, shall pay a fyne to the King.

The Sherife also may take Posse Comitatus, to execute the precept of the Iustices of peace; as in case of a forcible entrie, &c. to make restitution, &c.

Also when any of the Kings ene­mies shall inuade the land, the Sherife in defence of the Realme, may take Posse Comitatus, hic cap. 1.

So when any rebellion or riot, &c. shall he, hic cap. 4.

So to apprehend traytors or felons, hic cap. 4.

So where the Sherife findeth any re­sistance in the execution of his Office. Hic cap. 36.58. & 63.

Note that the Sherife or his Officers may take the power of the County by force of the Common Law.

And in all cases where the Sherife, &c. may take Posse Comitatus, there he may command the aide and atten­dance of all persons within his Coun­ty, [Page] that are able to trauell, and be aboue the age of 15. yeares.

And in such cases it is referred to the discretion of the Sherife, what number hee will haue with him, and how and in what manner ar­med,

The Vndersherife, as also the She­rifes baylife, or seruant (hauing the Sherifes warrant) haue the same autho­rity to take Posse Comitatus in euerie behalfe.

The Sherifes baylife to execute a Repleuin, tooke with him three hun­dred men armed, modo guerrino, (scz. with gunnes, &c.) and it was holden lawfull.

But the Baylife in such cases must be a knowne baylife, and must haue the Sherifes warrant to doe this.

CHAP. 96. Bailement of Prisoners.

IF the Sherife shall detaine any priso­ner which is baileable, after sufficient sureties offered, the Sherife shal be pu­nished.

If the Sherife shall baile any person which is not by him baileable, hee shall be punishable to the King and partie grieued: And if the prisoner were in for felonie, and the Sherife bayleth and deliuereth him, this is felonie in the Sherife, except it be by vertue of the Kings speciall Writ.

But Sherifes (and their Officers) ought to let to baile all manner of per­sons, by any of them arrested, or being in their custodie by force of any Writ, Bill, or Warrant, in any Action per­sonall; or vpon any Indictment of Trespasse, vpon sufficient sureties of­fered to appeare at the day and place where and when the same Writ, &c. [Page] are returnable.

And yet Sherifes may not baile any person in any of these seuen cases fol­lowing, scz. such as are in their custo­die,

1 By condemnation vpon any iudgement.

2 Vpon a Capias ad satisfaciendum or other Execution.

3 Vpon a Capias excommunica­tum.

4 Vpon a Capias vtlagatum.

5 For suretie of the Peace.

6 By commandement of any Iu­stice.

7 Nor Vagabonds or idle persons refusing to serue.

Neither shall the Sherife bayle any person or prisoner taken for any man­ner of treason or felonie.

And yet a prisoner in the Gaole for felonie, may by the Sherife bee bayled, vpon the Kings speciall Writ of Main­prise.

Also persons committed vpon an Indictment for Trespasse, or other like offence, before Iustices of peace, the [Page 218] Sherife may baile them, binding them to the next Sessions, &c.

Now wheresoeuer the prisoner is baileable, thereafter the Arrest, the of­ficer ought to take sureties by obliga­tion Obligation. for the appearance of his priso­ner.

In the formes of such obligations, these three things are to be obserued, o­therwise the obligation will be void.

1 The bond must bee made to the High-sherife onely (or to his vse) and to none other person.

2 It must bee made to him by the name of Sherife.

3 There must nothing be put into the condition of the bond, but onely that the defendant shall appeare at the day and place in the Writ specified, & to doe as the Writ requireth.

A bond made to any person for the inlargement of a prisoner, saue only to the Sherife, is void.

A bond made to the Sherife to such purpose, without a Condition, is void.

A bond made with addition of any [Page] clause, or word, in the Condition to a­ny of these purposes following, scz. to saue harmelesse, to yeeld his body prisoner, to bee true prisoner, to pay money charges or fees, or for meate or drinke, or for any other [...]h [...]ng, than onely for appearance of the prisoner is void.

A verball promise or assumpsit in such cases, is void.

Also it is safe for the Sherif, that the the party bailed bee bound with two sureties, hauing sufficient within that Countie.

And for the sureties, their number, and suffficiency, and the sum wherein they shall be bound, all these are left to the discretion of the Sherife or Offi­cer.

But bonds taken by the Sherife of the defendant, being neither in prison, nor arrested, with condition to pay the money recouered in Court, or to pay it to the Sherife, seemeth good.

The Sherife leuieth goods vpon a Fieri fac', and then sels them to the party, and taketh his bond for the mo­ny, [Page 219] this is good.

So if the Sherife taketh Bond for the payment of money due to the King, vpon an Estreat out of the Exchequer, it is good.

So if the Sherife attacheth goods, and taketh bonds for them.

And it seemeth that the Statute of 23. H. 6 doth make voyd onely Obli­gations made by prisoners or persons arrested, (or made by any other) for the inlargement of the prisoner, or per­son arrested.

CHAP. 97. The forme of a Bond for appearance

NOuerint vniuersi per praesentes nos B.C. de, &c: E. F. de, &c. & G.H. de, &c. teneri & firmiter obliga­ri A.B. Armig', Ʋicecom' Com' praed, in xl. l. &c. soluend eidem Vice comiti aut suocerto attornato, execut' siue ad­minist' [Page] suis, ad quam quidem solutio­nem, &c. (as in other Bonds)

CHAP. 98. Their attendance vpon the Iud­ges of Assise, &c.

1 VPon a Precept from the Iud­ges of Assise, &c. the She­rife is to summon the Assises, &c. and to returne the same.

2 The High-Sherife is personally to attend vpon the Iudges in their Cir­cuits, for the executing of their Pre­cepts and Commandements, and to take charge of all prisoners in the Gaole, and for the execution of Felons condemned to die, (which sentence he must see executed) and for inflicting punishment vpon other offendors, ac­cording to his office.

3 He is to make and deliuer (at eue­rie Assises) to the said Iudges, a Kalen­der of the names of all the prisoners which are or were in their custodie for Felonie, (or otherwise) with the cause of their commitment, and by whom [Page 221] they were committed, and by whome any are bayled, sub poena v. l.

And withall, the Sherife is to make and to deliuer to the said Iudges, a Ka­lender of the names of all the Iustices of peace, Coroners, Stewards, or Bay­lifes of Liberties, and Baylifes of Hun­dreds,

Also all Baylifes, and other Mi­nisters of any Franchise, &c. must be attendant to the Iudges of Assise, &c.

And the Iudges of Assise may fine the High-Sherife, & other the said Of­ficers, if they faile either in their atten­dance, or for any other negligence, mis­behauiour, or misdemeanor in their of­fice, before them.

The Iustices assigned to heare and determine Felonies, may award their Processe to the Sherifes of any other Countie, where a prisoner indicted be­fore them of felonie is dwelling, to ap­prehend him, & the sherif of such other county is duly to execute the same pro­cesse.

Note that the Sherife may not stay or delay the execution of any prisoner [Page] con­demned to die, without the commande­ment of the Iudges.

CHAP. 99. The Sherife is to assist, &c. Iu­stices of Peace.

1 IN some cases the Sherife is to ioyne with the Iustices of Peace.

As first for the suppressing of Ri­ots, Routs, and vnlawfull assemblies,

For the arresting and imprisoning of the Offenders.

For the Recording of the Riot.

And for enquiry thereof according to the Statutes.

2 If the truth of the Riot can not be found out vpon this enquiry, then within one moneth the Sherife is to ioyne with the Iustices in a certificat of the fact and circumstances, &c. into the Kings Bench, or, &c.

If the truth be not found by reason of any maintenance, they are to make another certificat of the maintainers, [Page 222] and of their names and misdemeanors, Plus hic cap. 4.

3 The Sherife, also is to attend goe with, and to assist the Iustices of Peace, for the arresting of such as make any forcible Entrie or Deteiner of posses­sion; and for the remoouing of the force, and of the offenders.

4 The Sherife must make due exe­cution of the precepts of the Iustices of Peace, for the returning of Iuries be­fore them, to enquire of forcible En­tries, or Riots, &c. sub poena twentie pounds.

The Sherife also must duely execute all other precepts and lawfull war­rants directed to him frō the Iustices of Peace for ministration of Iustice.

5 Also the Sherife (or his Vnder­sherife) is to attend the Iustices of Peace, at their generall Sessions of the Peace, and the Iustices there may fine him for their absence.

If the Custos Rotulorum, or two Iustices of the Peace, (the one being of the Quorum) shall make their precept to the Sherife to summon the Sessions [Page] at a certaine day and place, &c. the Sherife ought to performe this, not­withstanding any Command from a­ny other Iustices of Peace: yet two o­ther such Iustices may by their pre­cept, command the Sherife to summon another Sessions vpon the same day, and at another place.

6 The Sherife is to leuy the Iusti­ces wages, (vpon the Iustices Estreats, &c.) and is to pay the same to the Iu­stices. See hic cap. 125.

CHAP. 100. & 101. He is to execute the Precepts of other Commissioners.

SHerifes are to execute all such Pre­cepts, and other commandements, as shall come to them from any sixe or more Commissioners of Sewers, Sewers. as wel for returning Iuries before them, as al­so for the execution of all other things contained within their Commissi­on.

They are also to execute the Pre­cepts of Commissioners of Bankrupts Bankrupts. for the returning of Iuries before them, for the preising, &c. of the lands and goods of the Bankrupts: as also for the breaking open of their houses, and sei­sing of their bodies, or goods therein. hic cap. 94.

They are to returne a Iury before Commissioners assigned to take an ac­count, Accompt. &c. vpon a Precept from the said Commissioners.

They are to execute the precepts of Commissioners for the Subsedy, Subsidy. for the distreining or arresting of persons indebted, or otherwise for the executi­on of that Commission.

They are to returne Iuries for En­quirie, before Escheators, Escheators. and to ex­ecute all other their lawfull Comman­dements.

They are to returne Iuries for En­quiry, before Coroners, Coroners. vpon their Precept; and must further execute all other Precepts and commandements lawfull, of Coroners, in all things per­taining to their Offices.

And it seemeth that all these for­mer Commissioners and Officers may assesse a fine vpon the Sherife for not recurning of Iuries before them.

Also Sherifes must haue Counter-Rolls with the Coroners, of all things belonging to the Office of the Coro­n [...]rs, scz. of Appeales, Enquests, At­tachments Abiurations, Vtlawries, and other things.

Plus inde hic cap. 14.

Clerke marketSherifes are to returne before the Clerke of the Market (vpon his war­rant) Iuries to enquire of things be­longing to the office of the Clerke of the market.

Sherifes being required, are to ayde the Ordinary and Commissary for suppressing of Heresies, called Lollar­dies.

Now concerning these Lollards, the Statutes made against them are not on­ly repealed; but the persons so called, were indeed true Christians.

But without the Kings speciall Writ, the Sherife now may not cause any man to be burned for Heresie, not­withstanding [Page 224] any warrant from the Bishop to him directed for such pur­pose.

CHAP. 102. Proclamation to be made by the Sherife.

EVery Sherife ought in person 4. times in euery yeare, within euery his Hundreds, to proclaime the statute of Winchester Winchester. made against murthers, robberies, and felonies.

They also are to cause the same Sta­tute to be proclaimed by their baylifes in all Fayres and market townes.

Sherifes hauing receiued the Kings Writ, &c. ought to proclaime foure times in the yeare, all statutes made of Purueyors. Purueyors.

They shall proclaime foure times in the yeare in euery market, the statute made against vnlawfull games, and for the maintenance of Archery.

But none of these three former sta­tutes [Page] for the Proclamations are in vse now as it seemeth.

The rates of wages Wages. of seruants and labourers, &c. sent to the Sherife from the Lord Chancellor, or Iustices of Peace of the County, the Sherife shall cause the same to be proclaimed in eue­ry market towne, and to be fixed vpon some post within the same towne, &c.

Hawkes Hawkes. lost and brought to the she­rife, he must proclaime the same in all good townes within his County.

The Summons Summons. in real actions being made vpon the land, shall be after pro­claimed by the Sherife (vpon a Sun­day presently after Diuine seruice (and sermon,) and at the most vsual Church doore of the Parish where the land ly­eth) fourteene dayes (at the least) be­fore the day of the returne thereof; and that proclamation so made shall be by him returned together with the names of the Summoners.

Vtlatic.Vpon euery Exigent (where a Writ of Proclamation is awarded, &c.) be­fore the Vtlary shall be pronounced or returned; the Sherife (to whom any [Page 225] such Writ of Proclamation shall be di­rected) as to make three Proclamati­ons at three seuerall dayes, (the one in the open County Court; another at the generall quarter Sessions; the third at the Church doore of the Parish where the defendant dwelleth, and vp­on a Sunday, immediately after Diuine Seruice (and Sermon): and this third Proclamation is to bee made one moneth (at the least) before the Quin­to Exactus: And these Proclamations are to be made to this effect, scz. That the defendant yeeld his body to the Sherife, so that the Sherife may haue the body at the day of the returne of the Exigent to answer to the Plain­tife, &c.

Vpon a Writ de Excom' Capiendo, Excom capiēd if Non inuentus be returned, then a Ca­pias shall bee directed to the Sherife, who thereupon is to make Proclamati­on in his County Court (or at the the Assises or Sessions of the Peace) tenne dayes at the least before the re­turne, that the party within sixe dayes yeeld his body to the Gaole, &c. And [Page] such Processe, and Proclamation shall bee made vntill the party yeeld himselfe.

Vpon Indictments Indictments. or Appeales of persons dwelling in forreine Counties, &c. vpon the second Capias directed to the Sherife, if he cannot finde the party, then he shall make Proclamati­on in two County Courts, that the per­ty appeare before the Iustices according to the said second Capias.

In cases of Riots Riots. which cannot be found vpon the Enquiry of the Iusti­ces of Peace: they and the Sherif are to certifie into the Kings Bench, &c. and if the offenders doe not appeare there, then vpon the second Capias, if the offenders be not found, the Sherife at his next County Court, is to make Proclamation that the offenders ap­peare within 3. weekes, &c.

Parl [...]ament.The Sherife vpon the Kings Writ is to make Proclamation of the day and place of the Parliament, &c. hic cap. 92.

Hee is also to make Proclamation, That all that will be present to assesse [Page 226] the fees and wages of the Knights, &c. ibid.

In a Writ of Admeasurement (of Dower or Pasture) the Sherife vpon the Grand distresse Grand distres. must make Procla­mation at two County Courts, that the defendant appeare at the day, &c. to answer the Plaintife, &c.

And so vpon the Grand distresse in a Writ of Ward, but here Proclamati­on must bee made at three Countie Courts.

In a Writ of Mesne, the Sherife vp­on the Grand distresse must make Pro­clamation at two County Courts, that the Mesne appeare at the day contained in the Writ, to acquite the tenant, &c. And the Sherife is to make returne of these Proclamations, and how often the same haue beene made.

CHAP. 106. The Sherifes Courts.

First, concerning the Sherifes Turne.

THis Court and power was com­mitted to the Sherife for the go­uernment of the Countie, Tourne. scz. to en­quire therein of all criminall and per­sonall offences, and to reforme al com­mon Nusances, &c. done within the Countie.

Place.This Court is to be holden by the Sherife in euerie Hundred within his Countie, and that onely in the place accustomed.

Time.It is to be holden twice a yere, scz. one moneth next after Easter, & with­in one moneth next after Michaelmas.

All persons of the age of xij. yeares, or aboue, Suitors. dwelling within the Hun­dred, ought to come to this Court, and there must be sworne to the Kings allegeance.

Except notwithstanding Barons, Clergie-men, and women. Also except Tenants in Antient Demesne.

And except such as doe owe suit to the Leet of any other Lord. And yet where such Leets be neglected or sei­sed into the Kings hands, &c. there the Resiants may be compelled to come to the Sherifes Turne.

After appearance of the Suitors, Iury. first twelue (or more) sufficient freeholders, dwelling within the Hundred, shall be impanelled and sworne, to enquire of, and to present all things there inqui­rable.

And then (as a second Iurie) the High-Constables and pettie-Consta­bles within that Hundred, shall vpon Oath present the defaults committed within their seueral limits; which pre­sentment they shall make or deliuer to the first Iurie, or to the Steward, and then he deliuereth that to the Iurie.

The first Iurie must deliuer vp their verdict to the Steward: But if there be any presentment of any Felonie, that must be deliuered vp by it selfe, to the [Page] Steward priuily.

These Indictments or Presentments shal be made by Indenture between the Sherife and the said Iurors, wherof one part shall remaine with the Iurors, vn­der the hand and seale of the Sherife, or Steward; and the other part to re­maine with the Steward, and by him to be sent to the next Sessions of the Peace, &c.

And yet such Presentments are good, though they be neither indented nor sealed.

Those first Iurors ought to bee men of good name, and to haue within the same Countie twentie shillings Free-hold per annum, or twentie six shillings eight pence Copyhold per annum, at the least. Stat.

CHAP. 107.

THe stile of this Court must bee thus: ‘Vis. Francipleg' Domini Regis tent' apud L. coram Ʋic' in Torno suo, &c.’

And in this Court the Sherife is to enquire and to take presentment of these things following: viz. of all

Treasons at the Common Law.

Felonies by the Common Law, ex­cept the death of a man.

Escapes of Felons, or of other pri­soners.

Persons abiured, or Outlawes retur­ning without Licence.

Treasure-Trone, Waifes, Estrayes, and Wreckes of the Sea found and re­tained.

Franchises newly claimed, or not vsed or abused.

Purprestures and Incrochments made vpon the Kings lands, Franchi­ses, or vpon Highwayes, &c. And these may bee seised into the Kings hands in some cases: and if it bee in land or buildings, after the Purpre­stures found by Enquest, and the value assessed, it may be set at a yearely Rent to be answered to the King; or it may be pulled downe. See hic cap. 7.

Common Nusances made in High-wayes and Riuers, &c.

Common Trespasses, as Affrayes, Bloudsheds, Pound-breaches, &c.

Euill Members, as Night-walkers, Messengers for Theeues, &c.

False Measures & weights, or double Measures, &c.

Inne-holders and Hostlers, selling Mans meat or Horse meat at vnreaso­nable prices.

And of all other things inquirable in a Court Leet; if they be not former­ly inquired of and redressed in the Leet.

This Court is a Court of Record.

In this Court the Sherife is Iudge.

And this Court is incident to the Office of the Sherife. And the Sherife is to haue the profits thereof, scz. the amerciaments and fines.

CHAP. 108.

ANd yet vpon Indictments or presentments taken in this Court, the Sherife, &c. cannot make out any Processe against the Offendors, nor at­tach, [Page 229] arrest, or imprison any Offendor, nor assesse, leuie, or take any amercia­ment or fine of them, without Proces or Estreats from the Iustices of peace, sub poena C. li.

But all such Indictments or Present­ments the Sherife must first deliuer or send to the Iustices of peace at their next Sessions, (sub poena xl. li.) and the said Iustices are to award Processe against the Offendors, and to arraigne, trie, and deliuer them, and to fine them for Trespasses, &c. and then to estreat the fines and amerciaments to the vse and profit of the Sherife before whom the Indictment was taken; which Estreat shall be deliuered by Indenture to the Sherife or his Officer, to gather the same by.

CHAP. 109. The authoritie of the Sherife (or of his Steward) in the Turn at this day.

1 They may take the examina­tion of Felons, Imprison. and may commit them to the Gaole.

They may take presentments of Treasons and Felonies.

2 Affrayors in their presence they may commit to ward.

They may bind such Offendors to the Peace by Recognisance.

3 They may impose a reasonable Fine Fine vpon such as in their Court shall commit any other disturbance or con­tempt to this Court.

If a Suitor to this Court being pre­sent, will not be sworne, they may fine him, and in prison him till the fine be payd. Or they may amerce him, and distreyne him for the amerciament.

If a Suitor maketh default of appea­rance, [Page 230] he shall be amerced.

If a Sutor being sworne shal refuse to make presentment, or shall depart without giuing vp their verdict, the Sherife, &c. may set a reasonable fine vpon him.

If an Officer to this Court shall re­fuse or neglect to execute his Office, they may fine him.

In this Court they may cause the High-Constables and petrie-Consta­bles to be chosen, and to be sworne, and being chosen and present, if they re­fuse to be sworne, they may fine them.

Vpon a Bloudshed presented, there the Sherife may see an amerciament or fine, and the offender shall make his fine there. Quaere.

Also vpon a Nusance presented, the Offendors shall bee there amerced. Quaere.

If a Purpresture be there presented, the Sherife may reform or pull it down. But for a Purpresture, or for any Tres­passe there presented, the Iustices of Peace at their Sessions, are to assesse the fines vpon the Offendors.

Vpon presentment of the Assise of Bread, Beere, or Ale, broken by any Baker or Brewer, they may punish the Offendor by the Pillorie, Pillorie. where the of­fence requireth it: This is by a late sta­tute.

Vpon presentment of any Innehol­der or Hostler, for not making their Horse-bread of due Assise, or for sel­ling their victuall or prouander at vn­reasonable prices, they may fine the of­fendor, and for the second offence they may imprison him without Bayle, for one moneth; and for the third offence they shall set him in the Pillorie.

Note that a presentment in this Court is not trauersable there after the day wherein it is presented, except it toucheth the Freehold, &c.

Note also, that for all amerciaments assessed by the Sherife, &c. in his Turne, (for default of appearance, or the like) the Sherife may distreyne for such an amerciament in any place within his Countie.

CHAP. 110. The Countie Court.

THis Court was ordained for the Sherife to hold Plea there, for par­ticular or priuate matters (vnder fortie shillings) betweene partie and partie.

And this Court may be kept at any place within the Countie, at the plea­sure of the Sherife, except in certaine Shires.

To this Court all persons dwelling within the Countie doe owe suit, by reason of their resiancie.

Also a man may hold lands to doe suit seruice to this Court.

The Suitors for default of appearance shall be amerced; scz. if they were warned by the Baylife, and that there be not a sufficient number to passe vp­on Issues there depending.

But any Suitor may doe this his suit by his Atturney.

The Officer of this Court is one of [Page] the Baylifes.

And as to all Actions & suits which are there betweene partie and partie (ei­ther by Plaint or Writ) the Freehol­ders or Suitors are Iudges in this court, scz. to find the partie guiltie or not guiltie &c.

But yet all Iudgements there, (as wel vpon Actions and Suit by plaint, as by Writ) shall be pronounced by the Sherife.

And if the Sherife shall giue false iudgment without the assent of the sui­tors, the Sherife shall be punished, &c. And so if he shall doe any other thing without the Suitors there. Quaere.

By Plaint.In this Court the Sherife may hold plea off, and may examine, heare, and determine by way of Plaint, (without any Writ of Iusticies) certaine smaller personall Actions, as of Debts due vp­on Contracts, Detinue of Chattells, Assumpsit, Couenant, Nusances, taking of Cattell, and deteyning them, Tres­passe, and the like, hapning, made, or done within their Countie, if that the debt or dammages be vnder forty shil­lings, [Page 232] and the plea determinable by wager of Law.

Also the Sherife may make repleuin of cattell or goods taken and withhold­den, and may hold plea thereof in this Court without any Writ, ( Quaere, if that the dammages exceed the summe of fortie shillings.) Plus postea.

But hee cannot hold plea either by Plaint nor by Writ, where the offence is laid to be vi & armis.

Neither can they hold plea heere by plaint of any Debt due by Bond or Re­cord, nor in an Account, nor any Plea of Disceit, Maintenance, Forger of false Deeds, Detinue of Charters concerning Freehold, nor of any reall thing, nor of any personall thing aboue fortie shillings.

Neither may they proceed, if the free­hold come in question, except it be by a Iusticies.

This Court also is incident to the Sherife, and cannot bee granted from him; and the entrie of all Pleas & Pro­ceedings there, are belonging to him, and he is to appoint his Clerks in this [Page] Court, and such as he wil answer for.

No plaints shall bee entred in the County Court, vnlesse the plaintife be present in the Court in person, or by an Atturney or Deputy knowne to be of good name.

And the plaintife must find pledges to pursue his pleint.

Also the Sherife &c. shall enter but one pleint, for one cause, contract, or trespasse.

The plaintif must enter his pleint, by writing, and in full Court (sedente Curia) before the Sherife or Steward, &c.

After the pleint entered, the plain­tife must procure the processe of the Court ( scz. the Sherifes warrant to be directed to the Bailife) to warne the defendant to appeare at the next court &c. And the Sherife must make suffi­cient warrant, precept (or processe) to his Bailife to attach, or warne the de­fendant accordingly, Sub poena— 40 s.

Any person (as well plaintife as de­f [...]ndant) may make an Atturney to sue for him in all pleas in the county court [Page 233] Plus cap. 112.

For the further proceedings in these pleints, the businesse thereof belongeth more properly to the Steward; which notwithsanding you shall find more fully in my booke at large.

If any Sherife, or Officer, shall soli­cite, or procure any suits in th [...]s court, they shall be greeuously punished.

If the Sherife shall make any default in not warning the defendant, or other execution of his office, hee is punish­able.

Note that this County Court must be kept euery moneth, vpon a day cer­taine, that all writs of Exigent may be there proclaimed.

And the Coroners are to sit there with the Sherife at euery County court there to giue Iudgement vpon vtlaw­ries, which Iudgement shall bee pro­nounced and giuen by the Coroners in the fift County, and then the Sherife is to returne the vtlawrie with the Exi­gent.

CHAP. 111. Appeales of Robbery, & other Felo­nies, and of Maihem, and Rape, may be sued in the County Court, by bill before the Sherife and any one of the Coroners.

BVt vpon the Appeale sued there, there shall bee first found to the Sherife two sureties de Prosequendo.

The proceedings in such Appeales, is as in Appeales in the Kings Bench, scz. Capias & Exigent, &c.

And as to these matters of appeale, as also as to the Iudgements giuen in this Court vpon Vtlawry, this County Court is as a Court of Record.

CHAP. 112.

Processe.THe Processe in the County court in all personall actions (as well in a Iusticies, as where the suit is by pleint [Page 234] is a Summons, Attachment, and Di­stringas infinite. Except in Trespasse, and there onely an Attachment, and Distring' infinite.

Also if vpon the Summons a Nihil be returned, then a continuall Capias where it is by writ.

Quaere if a Precept by Paroll be not good enough where the suite is by Plaint.

Either party may be essoined, which must be at the beginning,

After the Essoines, the Plaintife must be ready at euery Court hanging the plea, otherwise he shall bee adiudged Nonsuit, and he and his Pledges shall be amerced.

If the defendant doe not appeare, then (vpon the baylifes returne, &c.) Proces shall goe out against him, vt supra.

And yet both the Plaintife and de­fendant, may appeare by Atturny.

Vpon the attachment, Attachme [...] the baylife must attach the defendant by some horse, pot, pan, or the like, and the baylife may keepe that vntill the next [Page] 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 appearāce at the next Court (and so Repleuy his goods,) and then vpon his default, hee and his sureties shall be amerced, &c.

Distring'.Vpon the Distringas, the baylife must distreine the defendant by his goods, which he may keepe, and which shall be forfeit vpon his default, vt supra.

But if the defendant put in pledges, there must be 4. at the least.

And after a Distring' infinite shall goe out, till the defendant appeare.

Tryalls.All tryalls in the County Court, are vsually by Ley Gager, (scz by the oath of the defendant) if the suit be by Pleynt.

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 Iusti­cies, then the triall shall be by a Iurie [Page 235] of twelue men.

If the matter be found against the defendant, Ezecution [...]. then they vse to grant out a Leuari fac' to leuy the dammages and costs, &c.

And yet by good opinions, the exe­cution in this Court, is onely by di­stresse, and impounding (or retaining) the cattell, vntill the party be satisfied; And that the Sherife cannot sell the goods, nor deliuer the distresse to the party: nor any execution lyeth there against the body.

But to haue the Iudgements giuen in this Court, to be executed by the Sherife safely, the party may procure out of the Chancerie a Writ de Execu­tione Iudicij, to be directed to the She­rife, &c. be the suit by a Iusticies, or by Pleynt without Writ.

And then if the Sherife will not make execution, an Alias and Pluries shall goe out, and after an attachment against the Sherife.

CHAP. 113. Of the Writs of Iusticies.

PLeas in this County Court, are sometimes holden by force of the Kings Writ of Iusticies, directed to the Sherife; which writ giueth speci­all power to the Sherife 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 tryed and determined in the County Court be­fore the Sherife by a Iury according to the course of the Common Law.

And the proceedings therein shall be as in a Writs originall of the like na­ture, in the Kings Courts at Westmin­ster.

And the same Proces shall bee in a Iusticies, as which the suit is there by pleint; scz. Summons, attachment, and distresse; but no Capias in any case. And the Sherife is to make the Pro­cesse, [Page 236] &c. to his baylife.

The Sherife by vertue of this Writ, may in his County Court hold plea of lands, or other pleas reall, as also of pleas personall, although the debt or dammages shall be aboue 40. s. to any summe whatsoeuer.

And though the freehold shall come in question, where the suite is by a Iu­sticies, yet this Court shall not surcease.

Where the Plea is by a Iusticies, it seemeth that the High Sherife must or should sit in person, to heare and determine the matter; and yet the suitors are Iudges of the cause, vt supra.

• 1 Iusticies de Accompt.
• 2 Admeasurement de Dower.
• 3 Admeasurement de Pasture.
• 4 Annuity.
• 5 Assise de petite Nusance.
• 6 Curia claudenda.
• 7 Customes and seruices.
• [Page]8 Debt.
• 9 Detinue.
• 10 Dower vnde nihil habet.
• 11 Droit Patent.
• 12 Droit de Gard.
• 13 Homine Replegiando.
• 14 Breue de Mesne.
• 15 Natiuo habendo.
• 16 Plegijs acquietandis.
• 17 Quarentine.
• 18 Quod permittat.
• 19 Rationabil' diuisis.
• 20 Repleuin de biens.
• 21 Secta ad Molendinum.
• 22 Trespasse.

The Writ de Recaption may also be sued in the County Court, but this must be before the Sherife and Coro­ners.

But note where the Plea is holden in the County Court by a Iusticies, yet the same may bee remooued into the Court of Common Pleas.

CHAP. 114. The Sherifes authority in ma­king Repleuins.

VVHeresoeuer any mans beasts or other goods be taken and wrongfully withholden the owner of the goods may at his election sue a Re­pleuin by Writ, or by Pleynt.

And the Sherife hath power to make Repleuy, and to deliuer the cattell or goods in both cases.

The Sherife or his Vndersherife, Per Pleint. or any of his Deputies (in the Country) vpon complaint of beasts, &c. taken and withholden, may presently make Repleuin thereof, out of his Court (yea in all places) and may deliuer them. And the Sherife may command his baylife (either by writing or word) to make deliuerance thereof.

But the Sherife (or baylife, &c.) must first come to the place where the cattel, &c. are deteyned, and to demand [Page] both the view of them, and to haue them deliuered.

When the Officer hath gotten the view of the cattell, he shall presently deliuer them; and shall giue day to both parties to appeare at the next County Court, &c.

Yet before deliuerance thereof, the Sherife (or Officer) must take Pledges, ( scz. sufficient security) of the owner of the cattell, Tam de prosequendo, quam de Returno habendo, &c. (hic ca. 45.) or els the Sherife may be charged for the price of the cattell, if returne be awarded.

This security most commonly is vsed 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 cattell; and to make returne thereof, if returne shall be so adiudged, &c.

If the beasts were taken within a Li­berty, and the baylife of the Liberty will not deliuer them vpon the Sherifs [Page 236] precept, The Sherife must enter, and deliuer them.

If the beasts be put into a Castle, House, Parke, or Close, &c. the Sherif (or his Officer) may take Posse Comi­tatus, if need be, and shall beat downe the Castle, &c. and deliuer the beasts: But yet the Officer must first come to the place where the cattell are so detei­ned, and there demand the view of them, and to haue them deliuered, vt supra, and (whether any be present or no, if they were warned) then the Sherife may execute the Law as afore­said.

If any other disturbance therein be made to the Sherife or his Officer, they may take Posse Comitatus, to make de­liuerance.

The Sherife may not breake a close or hedge, to make a Repleuy, where there is a gate, except the gate be lock­ed vp, &c.

Note where the Repleuin is by pleynt in the County Court, it shall not pro­ceede if any thing touching the free­hold come in question.

Per Breue.Also vpon a Writ, ( scz. a Iusticies) directed and deliuered to the Sherife, to make deliuerance of a distresse, the Sherife or Officer (after sureties taken de Prosequendo, & de Returno haben­do, as aforesaid) must goe to the pound or place where the cattell be, and de­mand the view, &c. (vt supra) and then shall deliuer them.

And the Officer shall also attach the defendant (by his goods) to appeare at the next County Court, to answer to the Plaintife, &c.

If the Plaintife be No [...]suit, &c. then a returne of the beasts shall be awarded to the defendant: and thereupon the Officer shall deliuer to the defendant (or auowant) the first distresse; and be­sides the defendant shall recouer costs and dammages, where the Plaintife is Nonsuit, or that the matter be found a­gainst him.

Vpon the Pluries not serued by the Sherife h [...]s [...]ower is determined, and the parties shall plead in Banke.

I [...] a man sueth a Repleuin (by Pleynt or Writ) and the Sherife maketh his [Page 237] precept to his baylife to make deliue­rance, and the baylife returneth that he cannot haue the view of the cattell, or that they be esloined, &c.

Then the Sherife at his next Coun­ty Court, shall (ex officio) enquire thereof by a Iury, and if it be so found, the Sherife in the same County Court, shall award a precept in the nature of a Capias in Withernam Withernam. directed to his baylife to take the cattell, &c. of the defendant in Withernam, Quousque, &c.

This precept must be made in full Court, and by writing, and must bee sealed with the Seale of the Sherifes of­fice.

And the Officer may take in Wi­thernam goods of any kind, number, or value reasonable; And those goods the Sherife may either keepe or deliuer them to the Plainti [...]e, hic cap. 80.

Also note that the party who hath his cattell deliuered him, &c. either vp­on Complaint, or by Writ, ought to enter his Plea before the Sherife in his [Page] next County Court.

Vpon a Writ to the Sherife to make deliuerance, if the Officer be disturbed in the execution of the Writ, he may take Posse Comitatus, &c. to take the disturbers; and the Sherife may im­prison them: or the Sherife may a­ward an attachment, & after a Distring' against the disturbers, vntill they come in, and then they being conuicted shall be fined to the King by the Sherife,

And so it seemeth though it be be­fore the Sherife without Writ, if the baylife returneth that the party wil not suffer him to make deliuerance, the she­rife may award an attachment, and af­ter, vt supra.

Euery suit depending in the Coun­ty Court (be it by a Iusticies, or by Pleynt) may be remooued thence, by a Pone or Recordare; and if after the re­moouing, there shal be any proceeding in the County Court, the Sherife, &c. shall be punished to the King, and par­ty grieued.

CHAP. 115. The authority of the County Court, &c.

THe Sherife (nor his Steward there) may not arrest or imprison a man in any suit there depending (though by a Iusticies;) nor for any contempt or offence done in this Court.

They can impose no fine in this Court vpon 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 Iusticies) there the Sherif in this court may take a Recognisance of either par­ty, to pay a summe of money to the o­ther at a certain day: and in some ca­ses the Sherife (vpon the Kings Writ) may leuy such a debt by sale of the par­ties goods; and in other cases by di­stresse [Page] onely; according to the forme of the Writ to him for that purpose, first to be specially directed.

In a Writ of Right depending in the Lords Court, the Sherif may grant a Tolt to remooue the Plea into the County Court before himselfe.

They may also amerce a man in this Court.

As if a man bee conuicted (be­fore the Sherife in the County) in a Writ of Recaption.

Here he shall be amerced grieuously for examples to others.

Yea the defendant shall be amerced in this Court in any suit; if it be found against him.

So the Plaintife shall bee amerced here, if he be Nonsuit; or that the mat­ter be found against him.

So if the Lord shall take an excessiue distresse of his tenant, for his rent due.

So if he shall driue out of the Coun­ty, a distrisse taken.

So if the defendant shall not per­forme his Ley Gager, at the day giuen him.

Also Iurors sūmoned, & making de­fault, they shall be amerced, if there ap­pears not enough to serue vpō the Iury.

But these amerciaments must be af­fired ꝑ pares.

And yet the Sherife may not leuy the Shiere, amerciaments, vntill two Iu­stices of Peace haue the sight of their Estreats & haue allowed the same, &c.

Againe if any contempt or distur­bance be made to this Court before the Sherife, or his Steward, they may a­merce the offenders; and such amercia­ments shall not be affired.

For any amerciament in this Coun­ty Court, the Sherife may distreine throughout all the County.

And the Sherife shall haue all such a­merciaments to his owne vse and be­hoofe as it seemeth ( hic 124.) And these amerciaments are more or greater in some Counties, and lesse in other Counties, according to the vse and cu­stome of euery County: & yet the She­rife is not to amerce offenders outragi­ously or grieuously, but hauing regard to the quātity & quality of the offence.

CHAP. 116.

1 KNights for the Parliament. Coroners for the Countie. Verderers for the Forrest:

The election of all these is to be by the Kings Writ (directed to the She­rife) and in the open and full Countie Court.

And these must be all chosen by the Freeholders of the Countie.

And they are to be published there, and after the Sherife is to returne and certifie into the Chancerie, the election (of euerie such Knight, Coroner, and Verderer) & the names of those which are so chosen.

The Sherife is there to minister to the Coroners and Verderers their seue­rall Oathes, for the due execution of their Offices, as also the Oath of Supre­macie.

The formes or effect of their oathes, see my booke at large.

2 Iudgements Vpon Vtlawries are [Page] to be giuen and pronounced by the Coroners, sitting with the Sherife in the Countie Court. See hic cap. 110.

3 Proclamations also are to bee made by the Sherife in his full Coun­tie Court, in these cases following:

For summoning of the Parliament, Hic cap. 92.102.

For leuying the expences of Knights of the Parliament, Ibidem.

In cases of Vtlawrie, Hic cap. 110. & 59. & 102.

Vpon a Writ de Excem' Capiendo, Hic cap. 102.

In Cases of Ryots, Hic cap. 102.

Vpon the graund Di­stresse in Writs of

• Admeasurement,
• Hic cap. 49.102.
• Mesne, Hic cap. 102.
• Ward, Hic cap. 192.

CHAP. 117. Concerning the Sherifes Officers.

FIrst it is meete & safe for the high Sherife to take good securitie from his vndersherife, and other his officers, &c. the which is vsually done by coue­nants, and bonds.

Some doubts haue been concerning the validity of these bonds; but the Statute of 23. H. 6. doth make voide onely such bonds as are made to the Sherife, by prisoners, or persons arre­sted, or for their deliuerance: And those bonds taken by the Sherife, of his vndersherifes, bailifes, and other offi­cers with condition to saue the high Sherife harmelesse, are good.

Some thinke better of meete coue­nants made by Indentures betweene the sherife and his vndersherife especi­ally, with three or foure good Sureties, all of them to couenant ioyntly and se­uerally for performance of the coue­nants; [Page 241] yet bonds to performe such co­uenants also, will make the officers the more carefull.

The formes of such couenants and bonds, see in my booke at large.

All and euery of the Sherifes offi­cers before they intermeddle in their office shall take two oaths. scz. the oath to the Kings 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 forme thereof.

The substance of this oath is, for the true, speedie, and indifferent retur­ning of Writs, and impanelling of Iu­ries, without taking aboue the fees al­lowed.

If any of them shall commit or doe any thing contrarie to their said oaths, or either of them, they are punishable.

And these Oathes they must take be­fore one of the Iudges of Assise, or be­fore the Custos Rotulorum, or two Iu­st [...]ces of Peace, (the one beeing of the Quorum) of the Countie where they are in such Office.

None of the Sherifes Officers shall be an Atturney in any of the Kings courts during the time their said office.

No Vnder-Sherife nor Sherifes Clerke shall abide in his Office aboue one yeare, sub poena 200. li.

No Vnder-sherife, or Sherifes Bay­life, shall be in that Office againe with­in three yeares, except in London and Bristoll, &c.

Deputies.The Vnder-sherife is the High-She­rifes generall Deputie, and vseth the place in the right of the High-Sherife.

The Sherife also must make a Depu­tie of Record in euerie of the Kings Courts at Westminster. Hic cap. 2.

He must also make Deputies in his Countie, to make Repleuins, (foure at the least, & not dwelling aboue twelue miles one from another) which Depu­ties may in the Sherifes name make Re­pleuies, &c. in such manner as the She­rife himselfe may doe. Ibid.

The Sherife shall be amerced for the defaults of his Vndersherife.

CHAP. 120. Baylifes of Hundreds.

THese also are to be appointed by the High-sherife, and are chiefely to execute writs, to summon the Assises and Sessions, and the like.

The Sherife must appoint such for whom he will answer.

These Baylifes would be such as do know each mans person and land in their Hundred, and their abilitie to serue vpon Iuries, that so they may the better summon them to appeare, &c. when they shall be appoynted.

They ought to haue sufficient lands in the same Countie.

They ought to be knowne men, true and credible persons.

They must bee sworne in the full Countie, scz. to the Supremacie, and for the due execution of their Office, sub poena 40. li.

They may not let their Office to [Page] any other.

The execution of all Writs ought to be done by them.

And yet speciall Baylifes are now vsually allowed to serue Processe, and are not sworne as the other.

But no Distresse shall be taken but by a Baylife knowne and sworne.

These Baylifes of Hundreds ought to attend the Iudges, and the Iustices of peace, at euerie their Sessions: And are also to execute all Precepts & War­rants directed to them from the sayd Iudges or Iustices, for the administra­tion of Iustice.

Note that it is parcell of the Sherifes Oath, to take no Baylifes 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 She­rifes Oath, not to let to farme 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, [Page 243] and other Commodities to the Office belonging, seemeth to bee both against the Statute, and against their Oath; for such Officers as the Sherife putteth in, ought to be but as his vnder Officers and seruants, and ought not to doe or take any thing but as seruants to the Sherife, and in his onely right. See hic cap. 3.

CHAP. 121. Baylifes 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 Baylifes of Hundreds doe within the Countie or Hundred: and a principall part of their Office consisteth in the due executing of all Precepts directed to them from the She­rife, and in their due returning there­of to the Sherife.

These Baylifes also (before they meddle, &c.) must take the Oaths to the Supremacie, and for the due exercising of their Office.

These Baylifes (of Liberties which haue returne of Writs) cannot arrest a man without a warrant first made to them by the Sherife, by force of the Kings Writ in the Sherifes hands.

These Baylifes hauing receiued the Sherifes Warrant, when that they haue executed the same, they must make their returne thereof to the Sherife (vn­der their hands, &c. by Indenture) and the Sherife may not alter the same:

If a Baylife of a Franchise shall ar­rest one by a Warrant (vpon a Capias) to him directed from the Sherife, yet the Obligation (taken for the appea­rance of the partie) must bee made to the Sherife, and taken by the Baylife in the Sherifes name, But they may baile such persons being in their custo­die, as Sherifes may; and may take the like Obligations for the appearance of the partie by them to be bayled.

No Steward, Baylife, or Minister of Lords of Franchises, which haue return of Writs, shall be an Atturney in any any Plea within the same Franchise.

Baylifes of Liberties shall take such [Page 244] fees, as the Statutes do allow the Sherife and their Officers.

These Baylifes shall bee attendant vpon the Iudges of Assise, &c. and Iustices of Peace at euerie of their Ses­sions: And shall execute all Warrants directed to them from the said Iudges or Iustices, for ministration of Iustice within their Libertie.

They must haue sufficient lands within the Countie.

They shall be punished for insuffici­ent returnes of Writs made by them: and yet when they haue executed their Precept directed to them (from the she­rife,) they are to make their returne thereof onely to the Sherife, and not in­to the Court.

The King shall haue all Fines, amer­ciaments, Issues, and Forfeitures, lost by any Officers of Franchises.

CHAP. 123.

BAylifes of Liberties and Gaolers, Gaolers. must certifie the names of euery prisoner in their custody for felonie, at euery generall Gaole deliuery in that County, or Franchise.

The Sherife shall haue the keeping, charge and rule of the common Gaole, and of the prisoners therein: and must put in such Keepers for whom he will answer.

If the Gaoler shall suffer a felon to escape voluntarily, the Sherife or Gao­ler may be indited 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 vpon an Execution, or which is com­mitted to pris [...]n by Auditors, &c. the Sherife is chargeable for the whole deb [...] &c,

Hee that hath the keeping of the Gaole, by right or wrong, shall [Page 245] be charged for the escape of prisoners.

All Felons shall be imprisoned in the Common Gaoles.

Notorious Felons, and such as be of euill name openly, or be rebellious, shall haue strong and hard imprison­ment.

Also Accomptants, and such as are in Execution for Debt, &c. may be put in Irons or fetters, in reasonable man­ner.

If the Gaoler will not receiue a pri­soner brought vnto him, the Gaoler is fineable: and if the prisoner thereby escapeth, the Gaoler shall answer the debt if [...]he prisoner were taken vpon 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 inlargement of any of their prisoners.

Gaolers need not to remooue any prisoner vpon a Writ of Habeas cor­pus, except it be signed with a Iudges hand.

CHAP. 124. Their Fees and allowances.

SHerifes nor their Ministers ought to take no reward or other thing for doing gf their Office, but onely of the King, or that which is appointed for them to take by the Statutes and Lawes of this land, and if they doe o­therwise, it is extortion; and fineable; and a breach of their oath.

They may not take, receiue, leuie, or gather any amerciaments or other duties, which are not due; or more then is due; or before it be due; if they doe, it is extortion.

If they take any thing for expediti­on, it is extortion.

So if they take any reward, &c. for sparing a Iuror.

So if they take any thing to omit a­ny arrest, &c.

So if they take any thing to shew fauour to any person arrested.

So if they take any thing to spare any person from appearing at the As­sises, Sessions of the Peace, or the like.

So if they take any thing to spare a­ny suitors from appearing at their Turne, &c.

Prisoners discharged by the Court, if any Officer shall deteine them for a­ny meate or other thing, except one­ly for their due fees, it is extortion.

They shall receiue felons, without taking any fee.

They shall receiue seruants commit­ted for departing, or refusing to serue, without any fee taking vpon their de­liuery.

They shall receiue all Writs, without taikng any fee.

Their fees allowed them by the Sta­tute of 23. H. 6. are these.

Vpon an arrest or Attach­ment.

• For the Sherife. xx.d.
• For the baylife who ma­keth the arrest or attach­ment iiij, d.
• For the Gaoler, if the prisoner be cōmitted. iiij. d.
• [Page]For the obligation for appearance if the prisoner be bayled. iiij.d.

For any precept or warrant ma­king. iiij.d,

And yet if the warrant be made to a speciall baylife, then they vse to take for euery name ii. s. whereas there is no fee due to the Sherife vntill the arrest be made.

Also for the coppy of the warrant, they vse to take iiij. d.

Quaere how these two last bee war­rantable.

If the baylife of a Franchise shall arrest one by a Capias to him directed from the Sherife, the baylife of the Franchise shall haue but iiij.d. the She­rife xx.d. and the Gaoler iiij.d.

For the coppy 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 Iury, the Statute of 27. Eliz. Cap. 12. seemeth to allow them. ij.s.

The Statutes 29. Eliz. 4. alloweth them for seruing an execution or ex­tent, (vpon the body, lands, or goods of any person) xij. d. of and for euerie xx. s. where the sum exceedeth not C. li. and vj. d. for euery xx s. being aboue the summe of C.l. that they shall leuy, or extend and deliuer in execution, or shal take the body in execution: for the Statutes 31. Eliz. cap. 3. allow­eth them xij.d. for making Proclama­tion at the Church doore, vpon an Exigent.

Other Fees belonging also to She­rifes, or at least claymed and taken by them.

Their fees for Returnes, scz.

• Of euery Cepi corpus iiij.d.
• Of a Nihil. iiij.d.
• Of a Non est inuentus iiij.d.
• Of any Proclamation. xij.d.
• Of a Ʋenire facias. xij.d.
• Of an Habeas corpus. ijs.iiij.d.
• Of a Distringas. ijs.iiij.d.
• [Page]Of a Recordare ij.s.
• Of an Accedas ad curiam. ij.s.
• Of a Distring' nuper vicecom'. ij. s.
• Of Mandaui balliuo Libertatis. iiij d.
• Of an Exigent, scz. for euerie name returned outlawed. iiij.d.
• Of Non est inuentus vpon an attachment out of the Chan­cerie. 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 Re­turne.

Also for the allowance of a Superse­deas, if it be after the returne of the Exigent, they vse to take xij.d.

And for a Repleuin by pleynt in the County. ij.s.

For executing of these Writs fol­lowing, Sherifes vse to take as they and the parties can agree. scz.

• [Page 248]Of a Writ to enquire of damma­ges.
• Of a Writ to enquire of Wast.
• Enquiry vpon an Elegit.
• And so in all cases where the Sherif 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 remoouing the Surcharge of Common;
• The Writ of forcible Entrie; Or holding with force where the party is to be restored.
• For Execution of a Iudgement, super breue de dote.

See the Statutes 34. H. 8. cap. 26. which alloweth diuers fees to the She­rifes in Wales.

All amerciaments, fines, and other profits, in the Sherife Turne, do belong to the Sherife.

The Sherife is to haue diuers profits [Page] of the Countie, vnder the name of Viscountiels.

The Sherife is to haue all amercia­ments assessed or set in the Countie Court, Hic cap. 115.

He is also to haue for the entring of Plaints, Processe, Plees, and Iudgments in the Countie Court, the Fees due and accustomed.

CHAP. 125.

CHAP. 126. The principall matters wherein there is any great danger to Sherifes.

IF any Sherifes shall exercise his Of­fice, before he hath taken his oathes, ( scz. to the Supremacy, and for the due Execution of his Office) he is pu­nishable in the Starre-chamber.

So if he shall not performe his oath concerning his Office.

He must put in sureties by Recog' in the Eschequer before he exerciseth his office, sub poena, C.l.

He may not abide in his Office a­boue one yeare, sub poena. 200.l.

Hee may not be in that Office a­gaine within three yeares, sub poena, 200.l.

He may not let to farme his Coun­ty, &c, nor his Office in any manner, sub poena 40.l.

He must appoint Deputies in the [Page 257] Courts at Westminster, before heare-turnes any Writ, sub poena 40.l.

He must appoint Deputies (foure at least) to make Repleuies in the coun­try, sub poena for euerie moneth, 5. pound. Escape.

Vpon an escape of a felon volunta­rily suffered by his Gaoler, the Sherife may be indicted of felony. (Quaere ta­men) but at least it seemeth the She­may bee fined to the value of his goods.

Also for a negligent escape he may be fined.

If he shall bayle a prisoner who is in for felony (except it be by speciall Writ) it is felony.

If he shall conceale any felony done within his County, hee shall haue one yeares imprisonment, and bee fined at the Kings pleasure.

Vpon an escape of one taken in ex­ecution for debt or dammages, hee is chargeable for the whole.

If an accomptant committed to prison by Auditors, be bayled, or suf­fered to goe at large, without consent [Page] of the Master, the Sherife is chargeable for the whole debt.

If the Accomptant be brought to the Gaole by the Auditors, and the Gaoler will not receiue him, whereby he escapeth, the Gaoler or Sherife is cha [...]geable for the debt.

If a felon sent to the gaole, bee refu­sed, and so escape; Quaere if it bee not a voluntary escape, so felony in the gaoler at least.

If the Sherife shall make any war­rant without an Originall, he shall for­feit 20. l. to the King, and 10. l. to the party, and be committed quousque.

Arrest.Vpon any arrest to be done, if they (or their Officer) take any thing to omit the arrest, or otherwise not to do their duty, they forfeit 40.l.

So if (for any reward) they shew fa­uour to any person arrested.

So if they take any fees contrary to the statute.

So if they deteine any prisoner be­ing bayleable, after sufficient Sureties offered.

So if they bayle any prisoner which [Page 258] is not bayleable; the Sherife for euery of these shall forfeit 40.l.

They ought to array their Pannells for the Assises, sixe dayes before, sub poena 40. l.

They must deliuer copies of such Pannells as they returne for Trialls, to each party demanding the same, sub poena 40. l.

They must returne Pannells, as they shall be reformed by the Iustices, sub poena 20.l.

They must returne none of their seruants or Officers vpon any Iury, sub poena to pay treble dammages and 40.l.

They must returne sufficient Iurors to enquire of Riots, &c. sub poena 20.l.

They must returne due Issues vpon euerie Iuror, sub poena 20. li. in some Cases, and in some Cases 40. li.

If they make a false Returne vpon a Capias Excom' they forfeit, 40. li.

The Sherife hath been amercied at fiftie markes for his false returne of an Exigent.

The Sherife fined at 40. l. for not returning an Habeas Corpora Iura­tor'.

Sherifes not returning, false retur­ning, or misreturning of any Writ, shal pay such fine or amerciament as shall be assessed by the Iustices.

So if the Sherife returneth a Writ, without setting his name there­to.

Sherifes not making due election of Knights for the Parliament; Parliament. or ma­king a false returne thereof, shall haue one yeares imprisonment, and for­feit 200.l.

If they be negligent in making re­turne of this Writ, they shall haue one yeares imprisonment, and besides shall forfeit 100.l.

So if they leaue out of their returne of this Writ, any City, or Burrough, which ought to come to the Parlia­ment.

They must assesse according to the statute, euery hundred and towne, to­wards the wages of the Knights of the Parliament, sub poena 30.l.

If they shall leuy vpon any towne, more then is so assessed, they shall for­feit 30.l.

So if they shall not pay and deliuer the same, mony, &c. they shall forfeit 30. l.

They may leuie no issue without warrant, Issues. sub poena to be fined to the King, and to pay treble dammages to the party grieued.

They may leuy no debt Debt. for the King, without shewing to the party the Estreat of the same, vnder the seale of the Eschequer, sub poena to bee fined, and to pay treble damma­ges.

So if they shall leuy any duty for the King, or for any subiect, without warrant, and shall after conuert it to their owne vse, &c.

They must execute the Writ di­rected to them (vpon the Statute of 31. H. 6. cap. 9.) for inforcing Women to enter bonds, sub poena 300.l.

If any Subiects Cater shall take a­ny goods, or carriage against the [Page] will of the owner, the Sherife vpon request, must ayde the owner, sub poena 20. l.

Repleuie.Vpon making any Repleuin, they must take pledges de prosequendo, ac de Returno habendo, or els they shall an­swer the price of the cattell or goods, if returne be after awarded.

Riotts.If the Sherife or (Vnder-Sherife shall not ioyne with the Iustices of Peace in executing the Statute against Rioters, he shall forfeit 100.l.

They must ioyne with the Iustices in certifying the names of the maintai­ners, &c. by whose meanes the truth of the riot cannot be found, sub poena 20.l.

They must make due execution of the Iustices warrant for returning of Iuries, to enquire of forcible Entries, or Riots, &c. sub poena 20.l.

They are to execute the Proces of the Iustices of Peace, granted out a­gainst seruants departing into other shieres, sub poena 20.l.

Indictments taken in their Turne, they must certifie at the next Sessions [Page 269] of the Peace, sub poena 40.l.

They must not arrest any person, nor take or leuy any fine or amercia­ment, &c. of any person indicted in their Turne, without Proces or Estreats from the Iustices of Peace, sub poena 100.l.

Sherifes also may be punished in the Starre-chamber for diuers of these their former misdoings, as for their vntrue demeanings in making of Pannels, & other vntrue returnes, or for taking of bribes, or vndue fees, &c. 3. H. 7. cap. 1.

Also Sherifes in diuers of these and other cases, shall not onely be fined or amerced, but also shall be liable to the action of the parties grieued for things misdone, or not done, by them, or by their Officers, for which in part I re­ferre you to my booke at large.