The
Office
and
Authoritie
of
Sherifes
.
CHAP.
I.
Their
Name
,
Antiquity
,
&
Charge
.
COmes
,
Vicecomes
,
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
.
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
,
They
are
the
Kings
Deputies
within
their
Countie
,
and
their
charge
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
betweene
partie
and
partie
.
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
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
;
The
forme
of
the
Condition
of
which
Recognisance
you
may
see
hic
,
Cap.
125.
Next
,
he
must
procure
his
Patents
,
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
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
.
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
)
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
,
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.
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
.
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
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
,
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
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
then
they
must
be
retorned
by
him
,
or
in
his
name
,
and
indorsed
or
subscribed
by
the
new
Sherife
,
after
this
manner
:
Istud
breue
prout
indorsatur
mihi
deliberatum
fuit
per
R.S.
Armiger'
nuper
vic'
prox
,
praedecessor'
meum
,
in
exit'
ab
Officio
suo
.
A.
B.
Miles
vicecom'
.
Also
if
the
old
Sherife
hath
serued
any
Processe
,
and
before
the
day
of
the
Retorne
thereof
he
be
difcharged
,
(
and
that
it
happen
to
be
left
out
of
the
Indenture
)
and
feareth
that
the
Writ
should
be
embeaseled
by
his
successor
,
he
may
deliuer
the
Writ
so
by
him
serued
,
into
the
Court
;
and
thereupon
the
said
Writ
shall
bee
deliuered
in
Court
to
the
new
Sherife
,
and
a
speciall
entrie
thereof
shall
be
made
in
discharge
of
the
old
Sherife
.
Also
the
old
Sherife
after
hee
is
out
of
his
Office
,
may
notwithstanding
by
●he
appointment
of
the
Court
,
amend
any
Retorne
by
him
erroniously
made
.
The
old
Sherife
after
hee
is
discharged
,
may
also
sell
any
goods
formerly
extended
by
him
whilest
hee
was
in
Office
.
Plus
hic
cap.
22.
5
The
new
sherife
at
his
first
County
Court
holden
(
after
his
election
,
and
the
discharge
of
the
old
Sherife
)
must
cause
to
bee
read
his
Patent
of
his
Office
,
and
his
writ
of
Assistance
;
and
must
also
nominate
his
Vndersherife
,
and
must
depute
or
appoint
and
proclaime
foure
Deputies
(
at
the
least
)
in
the
Countie
,
to
make
Repleuins
in
the
sherifes
name
;
which
Deputies
must
dwell
not
past
twelue
miles
asunder
,
in
euerie
quarter
of
the
Countie
one
.
Also
the
new
sherif
before
he
returne
any
writ
,
must
haue
a
deputie
of
record
in
euerie
of
the
Courts
of
Chancerie
,
Kings
Bench
,
Common
place
,
and
Exchequer
,
there
to
receiue
all
writs
and
Warrants
to
be
directed
to
the
Sherife
,
&c.
sub
poena
40.
li.
and
treble
dammages
,
&c.
And
such
Deputies
must
be
made
by
Warrant
of
Atturney
from
the
High-Sherife
,
and
in
writing
.
CHAP.
3.
NO
Sherife
,
(
Vnder-Sherife
,
nor
Sherifes
Clerke
)
shall
abide
in
his
Office
aboue
one
yere
,
sub
poena
200
pounds
.
No
Sherife
or
Vnder-Sherife
shall
be
in
the
same
Office
againe
(
within
the
same
Countie
)
within
three
yeres
after
,
&c.
sub
poena
200
li.
But
yet
persons
inheritable
to
the
office
of
Sherife
or
Vnder-Sherife
;
&
the
Sherifes
and
Vnder-sherifes
of
London
and
of
Bristoll
are
excepted
.
Also
the
King
by
his
Prerogatiue
may
grant
the
Office
of
a
Sherife
for
yeares
,
life
,
or
in
fee
.
Euerie
Sherife
must
dwell
and
bee
resident
in
person
within
the
County
where
he
is
Sherife
,
during
the
time
of
his
Office
,
except
he
be
otherwise
licensed
by
the
King
.
A
Sherife
hath
no
authoritie
or
power
within
another
Countie
:
Neither
may
they
exercise
their
Office
out
of
their
Countie
.
And
yet
the
sherife
being
out
of
his
Countie
,
may
make
a
pannell
,
or
may
make
any
Retorne
.
Also
by
force
of
the
Kings
Writ
(
to
carrie
a
prisoner
out
of
the
Countie
,
&c.
)
the
Sherife
may
carrie
or
send
by
baston
,
his
prisoner
to
the
place
appointed
him
,
although
it
bee
through
diuers
other
Counties
.
Also
if
a
prisoner
of
his
own
wrong
shall
make
an
escape
,
and
flie
into
another
Countie
,
the
Sherife
(
or
his
Officers
)
vpon
fresh
suit
may
there
take
him
againe
.
No
Sherife
shall
let
to
farme
his
Office
in
any
manner
;
nor
his
County
,
nor
any
of
his
Bailiwickes
,
or
Hundreds
,
nor
any
of
his
Courts
,
sub
poena
fortie
pounds
.
And
yet
the
Sherife
may
appoint
vnder
him
his
Vnder-sherife
,
and
his
Baylifes
and
Deputies
,
all
which
doe
vse
their
place
in
the
right
of
the
Sherife
,
and
as
his
seruants
;
but
they
may
not
be
Lessees
or
Fermors
thereof
,
and
so
to
occupie
their
place
,
or
take
the
profits
thereof
in
their
owne
right
.
For
the
Sherife
may
not
let
the
profits
,
issues
,
or
reuenues
of
his
Countie
,
or
the
profits
pertaining
to
his
Office
:
Now
these
seeme
to
be
the
fees
,
annuities
,
rents
,
fermes
,
issues
,
fines
,
amerciaments
,
escheats
,
estrayes
,
goods
of
Felons
and
fugitiues
,
and
other
like
casuall
profits
belonging
to
the
Sherifes
office
to
gather
;
and
where
the
King
maketh
one
Sherife
sine
compoto
,
there
the
Sherife
shal
haue
these
things
or
profits
to
his
owne
vse
,
otherwise
the
Sherife
shall
be
accountable
for
them
;
and
yet
he
is
not
accountable
for
them
,
sauing
in
a
grosse
summe
for
the
ferme
of
the
profits
of
the
Countie
.
Tamen
quaere
,
See
hic
ca.
11.
&
125.
CHAP.
4.
The
authoritie
and
power
of
the
Sherife
.
THe
authoritie
of
the
Sherife
is
in
some
cases
absolute
or
iudiciall
;
and
in
some
cases
ministeriall
.
Their
absolute
or
Iudiciall
power
is
in
these
things
following
.
By
the
antient
Common
Law
the
Sherife
and
Coroners
were
Iudges
,
and
in
the
Tourne
Sherifes
,
&
in
the
Countie
Court
the
Sherife
and
Coroners
together
did
hold
plea
of
felonies
,
and
of
other
things
pertaining
to
the
Crown
.
And
in
the
time
of
the
Saxons
,
most
suits
in
the
Common
Law
were
Viscountiel
,
and
held
before
the
Sherife
in
the
County
court
:
yea
,
vntil
the
Norman
Conquest
,
a
iurisdiction
of
causes
Ecclesiasticke
was
also
exercised
ioyntly
by
the
Bishop
and
sherife
,
at
the
county
Court
.
But
now
by
the
Statute
of
Magna
Charta
cap.
17.
no
Sherife
shall
hold
plea
of
any
thing
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
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
such
maintainers
,
and
their
misdemeanors
,
sub
poena
20.
li.
If
any
persons
shall
make
resistance
or
disturbance
,
to
the
Sherife
(
or
his
Officers
)
in
the
execution
of
the
Kings
Proces
,
it
seemeth
the
sherife
may
presently
imprison
such
Resisters
.
Sherifes
may
baile
prisoners
in
diuers
cases
Hic
cap.
96.
Sherifes
also
haue
the
keeping
,
and
the
Cognisance
,
and
the
correction
of
the
Assises
of
bread
and
ale
,
and
of
false
weights
,
and
measures
,
and
may
enquire
thereof
in
their
Tourne
,
and
may
adiudge
them
to
bodily
punishment
.
See
plus
hic
postea
tit
.
Torne
ca.
109.
Also
in
the
execution
of
some
Writs
,
(
as
in
a
Writ
of
Redisseisin
,
in
a
Writ
to
enquire
of
Wast
,
and
in
a
Writ
of
admesurement
,
&c.
)
the
Sherife
is
both
a
Iudge
and
an
Officer
,
and
so
hath
a
twofold
authoritie
:
scz
.
As
a
Iudge
,
to
hold
plea
of
the
matter
,
to
examine
it
,
to
giue
iudgement
,
and
in
some
cases
,
to
commit
to
prison
,
yea
,
and
to
make
out
Processe
against
the
offendors
.
As
an
Officer
,
to
execute
the
Processe
,
and
to
retorne
the
same
.
But
this
iudiciall
or
absolute
power
the
Sherife
cannot
grant
it
ouer
,
neither
may
he
execute
it
by
his
Vnder-sherife
or
other
Deputie
,
(
as
it
seemeth
)
but
must
sit
and
execute
it
in
person
,
although
it
be
within
a
Franchise
.
CHAP.
5.
The
ministeriall
Office
consisteth
principally
in
these
things
following
:
1.
TRuly
to
keepe
the
Kings
rights
of
his
Crowne
,
(
within
his
Countie
)
scz
.
the
Kings
Lands
,
Franchises
,
suits
&c.
Cap.
6
,
7
,
8.
2
To
gather
the
profits
and
monies
due
to
the
King
within
the
Countie
,
Cap.
9
&c.
3
To
seise
to
the
Kings
vse
the
goods
of
Felons
,
Fugitiues
,
&
persons
outlawed
,
treasure
troue
,
waifed
goods
,
wrecks
,
&c.
Cap.
14
&c.
4
To
execute
&
returne
all
writs
&
commandements
directed
to
him
from
any
of
the
Kings
Courts
,
Cap.
20
,
&c.
Note
,
that
whatsoeuer
the
Sherife
shall
doe
(
in
these
former
businesses
)
Virtute
Breuis
,
scz
.
by
vertue
of
the
Kings
Writ
,
or
other
Warrant
from
the
Kings
Courts
is
warrantable
.
But
what
he
shal
do
virtute
,
or
colore
officij
,
is
not
always
excusable
,
or
so
safe
5
To
impanell
Iuries
,
and
returne
them
,
Cap.
85
,
&c.
6
To
be
attendant
vpon
the
Iudges
in
their
Circuits
,
&c.
Cap.
98.
7
To
assist
the
Iustices
of
peace
,
and
to
execute
their
Precepts
,
Cap.
99.
8
To
execute
the
Precepts
of
other
Commissioners
,
Cap.
100.
9
To
execute
the
Precepts
of
Eschetors
and
Coroners
,
cap.
100.
10
To
assist
the
Ordinaire
in
suppressing
heresies
,
Ibidem
.
11
Duly
to
keepe
his
Courts
,
scz
.
His
Tourne
,
Cap.
106.
His
Countie
Court
,
Cap.
110.
12
To
proclaime
certaine
Statutes
,
&c.
Cap.
102.
CHAP.
6.
FIrst
,
The
Sherife
by
his
Oath
is
truly
to
keepe
the
Kings
Rights
,
scz
.
that
they
be
not
decreased
,
cancelled
,
or
withdrawne
,
be
it
in
his
lands
,
franchises
,
suits
,
or
other
things
.
Concerning
the
Kings
Lands
.
In
antient
times
Sherifes
in
their
Tornes
did
enquire
of
alienations
in
Mortmaine
,
and
of
alienations
(
by
the
Kings
Tenants
)
without
Licence
;
and
in
such
cases
the
sherife
might
haue
seised
the
lands
(
so
aliened
)
to
the
Kings
vse
,
as
lands
forfeited
or
escheated
.
At
this
day
,
where
any
man
shall
encroach
vpon
the
Kings
lands
,
or
vpon
the
Kings
Highway
,
or
shall
leuie
or
make
any
house
or
building
,
wall
,
or
hedge
,
&c.
vpon
the
Kings
land
or
highway
,
Or
shall
make
any
inclosure
thereof
,
these
are
purprestures
,
and
to
be
enquired
of
and
reformed
by
the
sherife
in
his
Torne
;
and
they
may
be
seised
by
the
sherife
into
the
Kings
hands
,
or
may
bee
pulled
downe
,
&c.
Hic
Cap.
107.
Where
without
any
offence
found
,
or
other
matter
of
Record
,
there
is
a
possession
in
Law
vested
in
the
King
,
of
any
lands
,
&c.
scz
.
where
the
Freehold
is
cast
vpon
him
in
law
,
there
it
seemeth
the
Sherife
,
or
Escheator
,
ex
Officio
,
may
seise
and
take
the
Issues
and
profits
of
the
same
lands
,
to
the
Kings
vse
,
making
account
for
the
same
;
As
where
any
lands
,
&c.
shall
come
to
the
King
by
discent
,
Remainder
,
or
Reuerter
.
Also
the
Kings
Officer
may
seise
these
things
following
,
as
Royalties
belonging
to
the
King
by
his
Prerogatiue
,
or
otherwise
comming
to
the
King
or
Crowne
by
escheat
or
forfeiture
,
and
to
answer
the
issues
and
profits
thereof
,
&c.
As
First
,
the
lands
and
profits
of
the
lands
of
aliens
,
within
their
Countie
.
The
lands
and
profits
of
such
lands
as
come
to
the
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
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
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
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
,
&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
And
yet
dicitur
that
the
Escheator
is
rather
,
and
more
vsually
accomptable
,
for
these
:
And
that
the
Sherife
is
not
acccomptable
,
or
chargeable
for
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
Common-wealth
,
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
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
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
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
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
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
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
.
Issues
.
If
the
Sherife
shall
returne
the
Issues
of
any
Recognisance
,
Pledge
,
or
Mainpernor
,
which
at
the
time
of
the
Return
was
not
sufficient
to
answer
the
said
Issues
and
amerciaments
,
the
Sherife
shall
bee
charged
there
in
the
Exchequer
.
For
all
manner
of
Issues
and
profits
of
the
Countie
,
which
runne
vnder
the
name
of
Viscountiels
,
the
Sherife
so
soone
as
hee
is
made
Sherife
,
is
accountable
for
the
same
,
yet
in
a
summe
in
grosse
.
But
for
other
Issues
lost
for
default
of
appearance
,
the
Sherif
is
not
accountable
,
nor
shall
bee
charged
therewith
vntill
they
shall
be
estreated
vnder
the
Seale
of
the
Exchequer
,
and
that
the
same
estreats
shall
be
deliuered
to
him
:
Neither
may
the
Sherife
leuie
the
same
without
such
Warrant
.
If
such
Issues
lost
for
default
of
apparance
,
shall
be
returned
by
the
Sherif
vpon
any
man
,
the
partie
hath
no
remedie
,
be
the
Issues
neuer
so
great
.
Now
for
the
first
sort
,
(
scz
.
for
the
profits
of
lands
)
after
the
death
of
the
Kings
Tenant
in
Capite
,
and
an
Office
found
,
the
King
shall
haue
Primer
Seisin
,
scz
.
the
Issues
and
profits
of
all
their
lands
from
the
time
of
the
death
of
his
Tenant
.
Hic
Cap.
6.
Also
the
King
shall
haue
the
Issues
and
profits
of
the
lands
of
such
his
Tenant
,
aliening
without
licence
,
scz
.
from
the
time
of
the
Office
found
,
the
Kings
Tenant
who
getteth
Liuerie
out
of
the
Kings
hands
wrongfully
,
shall
answer
the
Issues
behind
,
&c.
Where
the
King
enters
for
a
Condition
broken
,
or
for
a
Mortmaine
,
&c.
the
King
shall
be
answered
of
the
measure
,
Issues
,
and
profits
of
those
lands
,
scz
.
from
the
time
of
the
kings
title
first
accrued
.
And
of
the
Issues
of
the
lands
of
felons
,
Fugitiues
,
and
Outlawes
,
&c.
scz
.
from
the
time
of
the
Attainder
,
&c.
Hic
Cap.
14.
And
so
in
all
these
cases
the
King
shall
bee
answered
of
all
the
Issues
of
the
lands
,
after
an
office
thereof
found
;
but
before
an
Office
found
,
the
Sherife
or
Escheator
is
not
to
meddle
.
Hic
Cap.
6.
An
Abator
shall
bee
charged
(
and
not
the
heire
)
for
his
time
.
If
such
lands
(
whereof
the
King
is
to
haue
the
meane
issues
or
profits
)
shal
be
in
diuers
mens
hands
after
the
kings
title
accrued
,
euerie
of
them
shal
answer
for
his
time
.
Issues
lost
for
default
of
appearance
either
by
the
tenant
,
or
in
any
other
case
of
a
Distresse
infinite
,
as
in
case
of
Iurors
after
a
venire
fac
,
the
Sherife
vpon
the
Estreats
out
of
the
Eschequor
,
&c.
may
leuie
the
same
vpon
the
lands
in
the
hands
of
the
delinquent
of
his
wife
of
his
heire
in
Tayle
,
of
his
Successor
of
his
Lessee
or
farmour
of
him
in
reuersion
of
the
purchaser
,
yea
in
the
hands
of
a
stranger
,
whose
beasts
are
their
leuant
and
couehant
.
And
vpon
these
Estreates
the
Sherife
is
to
leuy
and
gather
vp
accordingly
these
Issues
,
and
to
bring
them
into
the
Eschequor
,
and
there
to
account
for
them
.
If
any
Officer
,
&c.
shall
collect
or
leuie
any
Issues
Estreated
(
to
him
)
of
any
other
than
of
the
right
person
charged
by
the
Estreate
with
the
payment
of
the
said
issues
,
they
shall
bee
punished
.
Plus
hic
Cap.
89.
&
90.
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
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
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
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
.
WHere
the
Sherife
may
seize
the
Lands
,
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
,
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
.
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
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
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
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
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
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
,
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
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
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
day
(
after
the
seisure
by
the
Officer
)
to
claim
them
;
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
,
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
shal
be
accomptable
for
all
Wards
,
Marriages
,
and
Releifes
,
&c
,
But
at
this
day
all
the
Kings
Wards
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
,
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
,
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
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.
Direction
and
execution
of
Writs
.
NExt
,
The
Sherife
is
duely
and
truly
to
serue
and
execute
al
manner
of
Writs
,
Processe
,
Iudgements
,
and
commandements
,
made
or
directed
to
him
from
any
of
the
Kings
Courts
.
And
indeed
the
office
of
a
sherif
consists
chiefly
in
the
execution
&
seruing
of
Writs
and
Processe
of
Law
;
and
to
doe
this
,
he
is
the
immediate
Officer
of
the
King
and
all
his
Courts
,
scz
.
To
execute
the
Writs
of
the
Common
Law
.
And
this
he
must
doe
(
or
cause
to
be
done
)
truly
and
duely
,
and
in
euery
behalfe
as
the
Writs
themselues
commands
,
without
any
fauour
,
dread
,
or
corruption
,
or
else
he
is
punishable
.
By
the
antient
Law
of
this
Land
,
all
originall
Writs
(
purchased
at
the
suit
of
the
partie
to
maintaine
actions
)
are
to
be
directed
to
the
Sherife
of
the
Countie
where
the
cause
of
the
suit
doth
arise
,
and
cannot
bee
directed
to
any
other
person
than
the
Sherife
,
vnlesse
it
be
in
speciall
cases
,
where
there
shall
be
good
cause
of
execution
to
or
against
the
Sherife
;
and
there
the
Writ
shall
be
directed
to
the
Coroner
,
who
then
standeth
in
the
place
of
the
Sherife
.
And
if
the
Sherife
bee
dead
or
remooued
,
yet
the
Processe
shall
not
be
directed
to
the
Coroners
,
but
shal
stay
vntill
another
Sherife
be
chosen
.
Where
there
be
two
Sherifes
,
(
as
in
London
and
Yorke
,
&c.
)
and
Processe
goeth
out
to
the
Sherifes
,
there
one
of
them
may
not
returne
the
Writ
alone
,
although
the
other
be
dead
;
and
yet
it
is
vsed
,
that
one
of
them
doth
serue
it
,
(
which
is
the
seruing
of
them
both
)
but
the
returne
must
be
in
the
names
of
both
of
them
.
But
in
things
spirituall
the
Ordinarie
is
the
immediate
Officer
to
all
the
Kings
Courts
,
to
serue
their
Processe
,
&c.
Execution
of
Writs
.
Sherifes
and
their
Vndersherifes
shall
receiue
all
manner
of
Writs
in
any
place
,
and
at
all
times
,
within
their
Countie
,
when
and
wheresoeuer
they
shall
bee
deliuered
them
;
and
shall
make
thereof
.
Warrant
to
their
Bayliffe
,
&c.
or
else
execute
it
themselues
.
A
Writ
deliuered
to
the
Sherife
,
of
or
vpon
Record
,
is
imbeaseled
,
See
hic
Cap.
37.
After
the
Writ
executed
,
the
Sherife
must
returne
the
same
into
the
Court
from
whence
it
came
.
If
the
Sherife
(
or
his
Officers
)
shall
not
execute
the
Writ
,
or
shall
not
returne
it
,
or
shall
make
any
false
returne
thereupon
,
he
is
punishable
.
And
yet
in
some
cases
,
although
the
Sherife
executeth
not
the
writ
,
he
may
excuse
it
by
his
Returne
.
Hic
Cap
38.
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
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
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
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.
Execution
of
Writs
.
3
One
being
in
Execution
,
the
commandement
of
the
Kings
Court
(
immo
del
nostre
Seignior
le
Roy
luy
mesme
)
without
writ
,
is
no
sufficient
warrant
to
the
Sherife
to
deliuer
the
prisoner
:
But
vpon
such
command
without
writ
,
it
seemeth
the
Sherife
may
carry
the
prisoner
to
any
place
,
so
as
hee
bringeth
him
backe
againe
.
Quaere
.
4
One
being
in
prison
vpon
an
Execution
,
or
vpon
a
Capias
vtlagatum
,
if
the
Sherife
shall
deliuer
him
vpon
a
writ
of
protection
de
seruicio
Regis
(
or
per
breue
south
Signet
le
Roy
,
)
these
seeme
no
sufficient
excuse
to
the
Sherife
,
&c.
Dyer
.
162.
Vide
hic
cap.
163.
5
And
sometime
againe
the
Kings
Writ
vnder
the
great
Seale
is
no
sufficient
warrant
to
the
Sherife
to
deliuer
a
prisoner
.
As
if
the
Sherife
vpon
the
Writ
de
Homine
repleg
.
shall
deliuer
a
prisoner
that
is
in
for
Redisseisin
,
he
shall
bee
amerced
.
So
if
a
prisoner
condemned
in
arrerages
before
Auditors
,
shall
bee
deliuered
vpon
the
said
Writ
de
Homine
replegiando
,
it
is
an
Escape
,
and
the
Sherif
shall
pay
the
debt
.
And
yet
he
which
is
imprisoned
for
a
contempt
onely
,
may
bee
discharged
by
the
commandement
of
the
king
,
or
of
his
Iustices
,
by
word
onely
.
6
Also
Knights
and
Burgesses
of
the
Parliament
,
and
Clergie
men
called
to
the
Conuocation
,
&c.
and
their
necessarie
seruants
(
attending
vpon
their
masters
)
during
the
time
of
the
Parliament
shall
not
de
arrested
vpon
any
originall
proces
for
debt
,
trespas
,
or
the
like
;
but
must
haue
their
priuiledge
.
Eund'
,
morand
,
&
redeūd
'
allow'd
them
.
Neither
shal
any
such
priuiledged
person
bee
arrested
vpon
any
writ
of
Execution
during
the
Parliament
.
Neither
shal
any
of
their
goods
or
cattels
necessary
be
attached
or
taken
by
the
Sherife
,
or
other
Officer
,
except
it
be
in
case
of
Treason
or
felony
.
7.
If
a
Knight
or
Burgesse
of
the
Parliament
,
&c.
shall
be
taken
vpon
an
execution
,
&c.
the
Sherife
ought
presently
to
deliuer
them
,
being
sent
for
by
the
house
,
hic
cap.
29.
But
yet
vpon
a
Capias
vtlagatum
they
may
be
arrested
during
the
Session
of
Parliament
.
8.
Also
all
such
persons
whose
a●tendance
is
necessary
many
of
the
Kings
Courts
(
at
Westm.
or
elsewhere
)
shall
not
be
arrested
,
vpon
any
originall
processe
,
but
shall
be
discharged
vpon
shewing
their
Writ
of
Priuiledge
.
And
so
note
that
in
some
cases
,
the
Sherife
is
bound
at
his
peril
to
take
knowledge
of
the
Law
,
and
of
the
authority
&
iurisdiction
of
the
Kings
Courts
&
Iustices
.
But
if
a
Capias
,
a
writ
of
Execution
,
or
Exigent
shall
come
to
the
Sherife
against
a
Duke
,
Earle
,
or
other
Noble
man
or
woman
,
though
it
lyeth
not
against
them
,
yet
the
Sherife
,
&c.
ought
to
serue
or
execute
the
writ
,
and
must
not
argue
or
dispute
the
validitie
thereof
.
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
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
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
warrant
,
as
also
the
procurers
thereof
,
shall
be
punished
to
the
king
,
and
party
grieued
.
And
yet
if
a
Capias
,
&c.
shall
come
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
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
.
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
,
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
,
But
no
man
may
arrest
any
Minister
,
&c.
which
is
doing
any
Diuine
Seruice
.
The
Sherife
(
or
his
Officer
)
may
execute
any
proces
,
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
,
The
forme
of
a
warrant
(
from
the
Sherife
to
the
Baylife
)
to
cause
one
to
appeare
.
A.
B.
[
(a)
](A19787-e17970-b)
(a)
Libertatis
de
E.
Omnibus
balliuis
meis
,
tam
infra
libertat'
,
quam
extra
.
Omnibus
balliuis
meis
infra
comit'
pred
.
Hundred
de
R.
[
(b)
](A19787-e18040-b)
(b)
Necnon
I.
W.
&
T.
B.
balliuis
meis
hac
vice
,
&
eorum
cuilebet
.
salutem
.
Ex
parte
Dom'
Regis
[
(c)
](A19787-e18070-b)
(c)
Vobis
coniunctim
&
diuisim
.
Vobis
&
cuilibet
vestrum
coniunctim
&
diuisim
.
tibi
mando
,
quod
[
(d)
](A19787-e18100-b)
(d)
Capiatis
,
seu
vnus
vestrum
capiat
.
capias
I.S.
si
&c.
Et
eum
saluo
&c.
Ita
quod
habeam
corpus
eius
coram
[
(e)
](A19787-e18120-b)
(e)
Domino
Rege
(
if
in
the
Kings
Bench
,
&c.
See
cap.
75.
)
Iustic'
Domini
Regis
apud
Westm.
in
[
(f)
](A19787-e18150-b)
(f)
Die
Iouis
prox'
post
Octob.
Octobris
▪
Sancti
Hillar
.
ad
respond
C.
D.
de
ꝑlito
[
(g)
](A19787-e18180-b)
(g)
Transgressionis
.
Conuentionis
.
Detentionis
.
&c.
Debiti
.
Et
hoc
,
&c.
Datum
sub
sigillo
Officij
mei
decimo
die
Aug
,
An'
regni
Domini
Regis
nunc
Angliae
,
&c.
3.
Per
A.B.
milit
vice
com'.
Warrant
de
Destring
'
.
A
,
B.
(
&c.
vt
supra
)
mando
quod
distring'
I.S.
de
W.
armig'
ꝑ
omnes
terr'
&
catalla
sua
,
&c.
Ita
quod
habeam
corpus
eius
coram
Iustic'
,
&c.
Ad
respondend
tam
Domino
Regi
quam
I.
D.
de
ꝑlito
transgress
.
&c.
sub
poena
,
C.s.
Alias
.
Ita
quod
habeas
corpus
eius
coram
Iustic'
domini
Regis
ad
pacem
in
Com'
praed
ad
prox'
Session'
suam
apud
C.
tenend
,
ad
respond
dicto
domino
Regi
de
diuersis
transgress
.
vnde
Indictatus
est
,
&c.
sub
poena
40
.
s
.
Another
forme
of
a
Warrant
.
Decimo
die
Aug.
An'
Dom'
1628.
By
vertue
of
the
Kings
Maiesties
writ
to
me
directed
,
Coram
Domino
Rege
apud
Westmon
.
die
Iouis
prox'
post
quind
sanct
Hillarij
,
&c.
(
reciting
the
words
in
the
writ
)
you
shall
arrest
I.S.
if
he
may
bee
found
within
my
Bayliwicke
,
to
answer
to
C.
D.
in
a
plea
of
trespasse
,
&c.
(
or
in
a
plea
of
debt
,
&c.
according
to
the
writ
)
Datum
sub
sigillo
Officij
mei
,
die
&
anno
suꝑdictis
.
ꝑ
A.B.
Milit'
Vicecom
'
.
To
I.P.
and
R.
S.
my
speciall
Bailifes
in
this
behalfe
,
ioyntly
and
seuerally
greeting
.
A
good
forme
of
a
warrant
to
be
vsed
vpon
Executions
,
or
vpon
a
Capias
vtlagatum
,
&c.
A.
B.
Miles
vic'
Com'
praed
omnibus
balliuis
meis
tam
infra
libertat'
quam
extra
Necnon
I.B.
&
C.D.
balliuis
meis
hac
vice
tantum
salutem
.
Ex
parte
&
dom'
Regis
vobis
&
cuilibet
vestrum
coniunctim
&
diuisim
mando
,
Quod
Capiatis
seu
vnus
vestrum
Capiat
I.S.
si
,
&c.
vt
supra
.
CHAP.
24.
Executions
how
to
be
done
and
executed
.
And
first
vpon
a
Statute
Merchant
.
VPon
a
Statute
Merchant
,
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
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
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
.
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
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
in
such
cases
the
Sherife
ought
first
to
retorne
such
speciall
matters
vpon
the
writ
de
Extendi
facias
,
Vide
hic
retorn
de
Elegit
.
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
(
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
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.
Execution
vpon
a
Capias
ad
satisfaciendum
.
VPon
this
Writ
the
Sherife
must
arrest
and
take
the
bodie
of
the
partie
,
and
put
him
into
prison
,
and
there
must
keepe
him
without
Bayle
or
mainprise
vntill
satisfaction
(
or
agreement
)
be
made
to
the
Plaintife
,
of
the
whole
debt
and
dammages
recouered
against
him
.
So
that
if
the
prisoner
doe
escape
,
the
Sherife
must
pay
the
whole
debt
and
dammages
,
except
the
prisoner
be
presently
taken
againe
vpon
fresh
suit
.
Also
if
the
Sherife
shall
suffer
such
a
prisoner
to
goe
out
of
prison
,
vpon
Bayle
,
or
with
a
Keeper
,
(
except
it
bee
by
the
Kings
Writ
)
the
Sherife
shal
be
answerable
for
the
debt
.
And
therefore
the
Sherife
must
bee
sure
to
keepe
such
prisoners
safely
,
and
may
put
them
in
fetters
and
gyues
.
But
if
such
a
prisoner
doe
escape
(
of
his
owne
wrong
,
scz
.
)
against
the
will
,
or
without
the
consent
of
the
sherife
or
officer
,
then
the
Officer
may
take
him
againe
(
by
vertue
of
the
same
Writ
,
before
the
Retourne
thereof
)
when
and
wheresoeuer
he
can
find
the
prisoner
,
although
it
bee
in
another
Countie
.
Yea
,
it
seemeth
the
Sherife
at
any
time
may
take
such
prisoner
(
making
an
escape
of
his
owne
wrong
)
againe
,
and
may
keepe
his
bodie
in
custodie
vntil
he
hath
made
his
agreement
with
the
Sherife
,
&c.
Or
where
such
a
prisoner
doth
escape
of
his
owne
wrong
,
if
hee
bee
taken
againe
by
the
Gaoler
,
&c.
the
prisoner
shall
remaine
in
execution
for
the
partie
againe
,
if
the
partie
will
.
And
yet
where
a
Knight
or
Bourgesse
of
the
Parliament
,
or
other
person
so
priuiledged
,
shall
be
taken
in
execution
,
the
Sherife
ought
presently
to
deliuer
such
prisoner
being
sent
for
by
the
House
,
&c.
and
the
partie
may
after
the
Parliament
haue
a
new
execution
against
the
Debtor
.
What
persons
may
not
bee
arrested
and
taken
vpon
a
Writ
of
Execution
,
See
hic
ca.
21.
&
hic
infra
.
Such
persons
as
are
necessarily
attendant
in
any
of
the
Kings
Courts
,
although
they
being
arrested
vpon
any
originall
Processe
,
shall
be
discharged
thereof
vpon
shewing
their
Writ
of
Priuiledge
;
yet
if
they
shall
bee
taken
vpon
any
execution
,
the
Sherife
ought
not
to
deliuer
them
vpon
their
writ
of
Priuiledge
,
for
then
the
partie
should
be
without
remedie
.
Where
a
man
is
in
the
Sherifes
custodie
vpon
an
execution
,
the
Sherife
may
not
deliuer
him
,
nor
suffer
him
to
goe
at
large
,
(
though
with
a
Keeper
)
vpon
any
commandement
of
any
of
the
Kings
Courts
,
or
Iustices
,
(
as
it
seemeth
)
without
it
be
by
the
Kings
writ
.
Plus
hic
Cap.
21.
Yet
if
one
in
execution
bee
suffered
to
goe
at
large
for
a
time
,
by
the
commandement
of
the
Court
,
and
by
the
consent
and
agreement
of
the
Plaintife
,
and
after
the
prisoner
returneth
againe
,
this
is
not
any
escape
.
But
where
the
Sherife
hath
one
in
execution
for
debt
,
if
an
Habeas
Corpus
,
or
Corpus
cum
causa
,
cometh
to
the
Sherife
,
to
haue
the
bodie
at
Westminster
,
&c.
vpon
a
certaine
day
;
heere
the
Sherife
may
not
onely
carrie
his
prisoner
to
London
through
another
Countie
,
but
the
Sherife
in
these
cases
may
go
and
take
what
way
or
place
he
shall
thinke
to
be
most
sure
and
safe
for
himselfe
,
and
to
carrie
his
prisoner
.
And
vpon
a
Corpus
cum
causa
,
or
a
Certiorari
,
&c.
procured
by
any
person
being
in
execution
,
the
Sherife
must
returne
the
truth
or
cause
of
the
prisoners
in
prisonment
,
that
so
the
prisoner
may
be
remanded
,
&c.
If
the
Sherife
shall
arrest
one
vpon
a
Capias
ad
satisfaciendum
,
and
shall
not
returne
the
Writ
,
nor
sat●sfie
the
Plaintife
,
this
is
an
escape
,
and
the
Sherife
is
chargeable
for
the
debt
;
neither
may
the
Sherife
arrest
the
party
againe
for
the
same
cause
,
Vide
hic
cap.
54.
If
the
Sherife
hath
arrested
one
vpon
a
Capias
ad
satisfac
'
,
&c.
and
after
the
prisoner
is
rescued
from
him
,
this
is
an
escape
,
and
the
Sherife
is
chargeable
for
the
debt
.
Execution
vpon
a
Leuarifacias
.
Vpon
a
Leuari
facias
the
Sherife
cannot
seise
the
lands
,
and
deliuer
them
to
the
party
:
but
he
is
onely
to
take
the
corne
,
grasse
,
and
other
profits
growing
vpon
the
lands
,
and
the
goods
and
chattells
of
the
debtor
,
and
may
deliuer
them
to
the
party
;
and
the
Sherife
may
take
the
Rents
payable
by
the
tenants
(
in
execution
of
the
debt
)
and
bring
them
into
the
Court.
Note
that
the
Sherife
in
debt
,
may
deliuer
any
land
whatsoeuer
that
the
party
had
;
the
day
of
the
Iudgment
giuen
,
or
at
any
time
af●er
,
into
whose
hands
soeuer
they
shall
come
.
But
as
to
Chattells
,
the
execution
shall
be
of
such
onely
,
as
the
party
defendant
had
the
day
of
the
Execution
sued
,
scz
.
the
day
of
the
Teste
of
the
writ
of
execution
;
So
that
if
the
defendant
shall
sell
his
goods
bona
fide
,
after
iudgement
,
and
before
the
writ
of
execution
sued
,
those
goods
are
not
to
be
taken
by
the
Sherife
,
nor
liable
to
the
execution
;
But
if
the
defendant
hath
sold
his
goods
by
Couin
after
the
Recouerie
or
writ
of
Execution
sued
,
there
the
Sherife
may
take
those
goods
in
execution
.
See
hic
cap.
61
,
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
,
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
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
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
with
such
goods
as
shal
not
plainly
appeare
to
him
to
be
the
proper
goods
of
the
defendant
;
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
,
&
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
.
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
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
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
,
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
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
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
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
;
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
,
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
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
)
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.
Vide
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
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.
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
.
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
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.
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
,
But
it
is
a
good
retorne
in
these
writs
,
scz
.
in
a
-
Corpus
cum
causa
.
-
Praecipe
quod
reddat
.
-
Scire
facias
.
Vpon
an
Habeas
corpora
Iuratorum
,
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
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
.
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
,
he
may
not
after
be
retorned
Nihil
.
Plus
hic
cap.
44.
But
if
the
defendant
bee
retorned
sufficient
,
he
may
after
be
retorned
.
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
.
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
,
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
,
adeo
tarde
sibi
venit
,
or
sibi
deliberat
fuit
,
quod
illud
exequi
non
potuit
propter
breuitatem
temporis
,
)
and
it
is
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
,
But
the
Sherife
must
retorne
Mandaui
balliuo
,
and
not
quod
mandauit
balliuo
.
See
plus
hic
cap
39.
26.
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
.
Also
Vtlary
retorned
by
the
Sherife
vpon
an
infant
is
a
good
retorne
,
if
the
infant
bee
aboue
the
age
of
14.
yeares
.
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
,
Quod
nihil
habent
.
Or
,
Non
habent
aliqua
bona
testatoris
.
Quod
bona
elongata
sunt
,
(
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
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
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
Exigent
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
,
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
,
&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
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
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
his
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'
&
tenement'
sunt
infra
Libertatem
de
,
&c.
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
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
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
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
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
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.
WHeresoeuer
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
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.
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
)
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
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
Exigent
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
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
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
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
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
Vicecom
'
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
.
Summon'
infranom'
B.C.
(
the
other
person
)
Ioh.
Den.
Rich.
Fen.
Et
quoad
summon'
infranom'
A.B.
Iustic'
infrascr'
certificamus
,
quod
idem
A.
B.
&
ego
A.
B.
iam
vnus
Vic'
Ciuit.
Nor.
sumus
vnus
&
idem
,
&
non
alius
neque
diuersus
.
Ideó
ego
prae
fatus
A.B.
&
H.H.
alter
Vic
.
Ciuitatis
praed
meipsum
secundum
exigent
.
istius
breuis
summon'
(
vel
Distr
.
)
non
possumus
.
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
Vicecomiti
,
&c.
salutem
.
Si
A.
(
the
Plaintife
)
fecerit
te
securum
de
clamore
suo
prosequendo
,
tunc
,
&c.
De
Prosequendo
.
Also
in
euerie
originall
writ
where
Summons
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
:
Responsio
A.B.
A●mig
.
vicecom.
comitat
.
infrascript
.
Plegij
de
presequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Summonitores
infranominati
I.
S.
the
Defendant
.
-
Symon
Brown
.
-
Rob.
Flack
.
Pone
per
vad
&
saluos
plegios
,
&c.
)
then
the
sherife
must
make
his
returne
thus
:
Infranominat
.
I.S.
(
the
Def.
)
attachiatus
est
per
Pleg
.
-
Symon
Brown
.
-
Rober.
Flack
.
Or
if
the
Sherif
cannot
find
the
partie
,
then
thus
:
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
,
Responsio
A.B.
Ar.
Vic'
Com'
infrascript
.
Plegij
de
Prosequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Infranominatus
I.
S.
nihil
habet
in
balliua
mea
per
quod
(
or
vnde
)
summoniri
potest
.
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
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
.
Infranom'
I.S.
Nihil
habet
in
balliua
mea
per
quod
Attachari
potest
.
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
:
Infranomin'
I.
S.
Nihil
habet
in
terris
,
tenementis
,
&
haeredit'
infrascript'
per
quod
ipsum
Distringere
possum
:
Or
thus
,
Nihil
habet
per
quod
potest
Distring
'
.
Vpon
a
Fieri
Facias
,
The
retorne
may
be
thus
.
Infranomin'
I.
S.
Miles
,
nulla
habet
bona
seu
catalla
,
terras
aut
tenementa
in
balliua
,
mea
vnde
denarios
infraspecific'
fie●i
facere
possum
,
prout
interius
mihi
pracipitur
.
Vpon
a
Scire
facias
,
The
retorne
may
be
thus
:
Infranominat'
I.
S
,
Nihil
habet
in
balliua
mea
ꝑ
quod
ei
Scire
facere
possum
,
Neque
est
inuentus
in
eadem
.
A.
B.
Ar.
Vicecom.
Now
if
there
be
two
defendants
or
tenants
,
then
the
retorne
may
be
thus
.
Infranominat
.
I.
S.
&
I.
D.
Nihil
habent
,
nec
eorum
alter
aliquid
habet
,
in
balliua
mea
,
per
quod
summoniri
,
or
Attachiari
,
&c.
possunt
.
And
if
there
be
more
then
two
defendants
,
&c
,
you
must
then
name
but
one
of
them
,
and
say
further
,
Et
ceteri
defend
.
infranominati
Nihil
habent
,
nec
eorum
alter
aliquid
habet
in
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
,
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
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
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
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
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
.
In
these
writs
following
(
amongst
other
)
Plegij
de
prosequendo
,
must
be
Retorned
.
-
Accompt
.
-
Annuity
.
-
Assise
de
nouel
disseisin
.
-
Assise
de
Nusans
.
-
Atteynt
.
-
Ayel
.
-
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
.
-
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
.
-
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
.
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
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
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
Sessions
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
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
.
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
:
Virtute
istius
breuis
mihi
directi
in
forma
infrascr'
,
accessi
ad
Curiam
infrascript'
,
&
in
plena
Curia
illa
recordari
feci
loquelam
infrascrip'
Que
quidem
loquela
patet
in
quadam
schedula
huic
breui
annex'
&
recordum
illud
habeo
,
&c.
(
as
in
a
Recordare
facias
loquela
.
Hic
postea
.
A.B.
Armig
'
Vic'
.
The
stile
of
the
Court.
Ad
Curia
Baron'
Egidij
Alington
Militis
,
reciting
also
the
stile
of
the
King
.
R.B.
quaeritur
versus
I.S.
de
placito
captionis
&
iniuste
detentionis
aueriorum
suorum
.
Note
,
that
nothing
but
the
plaint
shall
be
remooued
here
.
CHAP.
49.
Admeasurement
of
Dower
.
IF
this
Writ
be
Viscountiel
,
and
sued
in
the
Countie
Court
before
the
Sherife
,
then
the
Sherife
is
Iudge
,
and
is
by
vertue
of
this
writ
to
admeasure
all
the
lands
which
the
Woman
hath
in
Dower
within
the
same
Countie
:
So
that
if
there
be
in
her
hands
any
ouerplus
,
it
may
bee
restored
to
the
heyre
,
&c.
But
if
this
writ
bee
remooued
out
of
the
Countie
Court
into
the
Common
Banke
,
then
the
Sherife
cannot
make
the
admeasurement
,
but
first
the
Sherife
ought
to
goe
to
the
lands
,
&
then
by
a
Iurie
to
diuide
the
lands
,
&c.
into
thr●e
parts
,
and
to
pre●se
the
same
at
a
yearely
value
,
and
then
to
returne
two
parts
by
it selfe
,
and
the
third
part
by
it selfe
,
and
to
returne
also
their
yearely
value
,
and
so
to
leaue
the
admeasurement
to
the
Court
:
which
returne
must
be
vnder
his
seale
and
the
seales
of
the
Iurors
.
And
in
this
writ
(
where
the
admeasurement
is
to
bee
by
the
Iustices
or
Court
)
when
the
suit
is
come
to
the
grand
distresses
before
the
writ
bee
returned
,
dayes
are
giuen
,
so
that
there
may
bee
two
Countie
Courts
holden
,
and
in
either
of
the
said
Counties
the
Sherife
is
to
make
Proclamation
,
that
the
defendants
come
in
and
appeare
in
court
(
at
the
day
contained
in
the
writ
)
to
shew
cause
why
admeasurement
should
not
be
made
;
and
the
Sherife
is
to
returne
the
Proclamations
accordingly
.
But
quaere
notwithstanding
the
Defendants
default
of
appearance
,
the
Sherife
is
not
to
make
the
admeasurement
,
but
is
to
leaue
that
to
the
justices
or
Court
,
vt
supra
.
The
Sherife
may
returne
the
defendant
nihil
,
in
this
writ
of
admeasurement
of
Dower
.
If
he
returne
,
That
the
wife
hath
more
than
shee
ought
to
haue
,
by
so
much
per
annum
,
this
is
no
good
returne
,
for
the
Court
is
to
iudge
of
the
value
.
Admeasurement
de
pasture
.
Also
if
this
writ
bee
remooued
out
of
the
Countie
court
,
into
the
Common
Banke
,
and
that
the
parties
appeare
there
,
and
agree
that
the
admeasurement
shall
be
made
,
then
there
shal
goe
out
a
writ
to
the
Sherife
,
commanding
him
to
make
admeasurement
,
and
then
to
make
the
admeasurement
the
Sherife
must
goe
in
his
proper
person
,
to
the
Common
or
pasture
to
bee
admeasured
,
and
there
by
a
Iury
of
twelue
men
must
admeasure
the
same
;
and
he
must
returne
the
same
into
the
Court
by
Indenture
,
vnder
his
own
seale
,
and
the
seales
of
the
Iurors
.
Also
if
this
writ
be
remooued
into
the
Common
Banke
,
when
the
suit
is
come
to
the
grand
distresse
before
the
writ
be
returned
,
the
Sherife
is
to
make
Proclamation
in
two
Countie
courts
,
that
the
Defendant
come
in
&
appeare
in
Court
(
at
the
day
contained
in
the
writ
)
to
answer
the
plaintife
,
and
to
shew
cause
why
admeasurement
should
not
be
made
:
and
the
Sherife
is
to
returne
,
that
he
hath
made
the
Proclamations
accordingly
;
and
if
the
Defendant
commeth
not
vpon
the
Proclamations
,
then
admeasurement
shall
be
made
vpon
his
default
.
But
here
also
notwithstanding
the
default
of
appearance
of
the
Defendant
,
the
Sherife
is
not
to
make
admeasurement
without
another
writ
to
that
purpose
,
first
to
him
directed
,
But
if
this
writ
be
Viscountiel
,
and
sued
in
the
Countie
before
the
Sherife
,
he
must
first
summon
the
parties
,
&c.
who
may
plead
there
,
and
if
the
defendant
grant
that
admeasurement
shal
be
made
,
or
pleads
or
shewes
no
cause
to
the
contrarie
,
then
the
Sherife
shall
giue
iudgement
,
and
shall
presently
make
admeasurement
thereof
;
for
the
Sherife
in
such
case
is
Iudge
,
&c.
In
this
writ
all
the
Commoners
shal
be
admeasured
by
the
Sherife
,
as
well
those
which
did
not
surcharge
the
land
,
as
they
which
did
,
and
also
the
Plaintife
himselfe
,
but
the
Lord
shal
not
be
admeasured
.
In
this
writ
of
Admeasurement
of
Pasture
,
the
Sherife
may
returne
the
defendant
nihil
,
and
it
is
good
.
For
the
forme
of
the
returne
of
Proclamation
of
Summons
,
see
hic
cap.
70.
Note
that
no
man
ought
to
put
more
Cattell
vpon
the
Common
,
than
serue
to
manure
the
land
,
and
then
hee
can
maintaine
and
keepe
in
winter
vpon
his
Tenement
.
And
if
the
Common
be
not
sufficient
,
so
that
all
the
Commoners
may
haue
sufficient
to
their
tenements
,
in
such
case
the
tenants
shall
be
admeasured
,
hauing
regard
to
that
the
common
will
beare
.
CHAP.
50.
Assise
de
Nouel
Disseisin
.
Plegij
de
Prosequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Infranom'
I.S.
(
the
Defendant
)
attachiatus
est
per
Plegios
-
H.F.
-
W.G.
Or
thus
:
Infranom'
I.S.
attachiatus
est
per
vnam
vaccam
,
Or
thus
,
if
there
be
more
defendants
than
one
;
Infranom'
I.
S.
&
I.
P.
attachiati
sunt
,
viz.
I.S.
per
vnum
bouem
preiij
5.
s.
&
I.P.
per
vnum
equum
pretij
xx
.
s
.
And
yet
it
seemeth
the
Sherife
is
to
returne
but
fiue
shillings
and
foure
pence
price
:
Quaere
of
the
vse
.
Residuum
executionis
istius
breuis
patet
in
quodam
pannello
(
or
in
quadam
schedula
)
huic
breui
annex'
.
A.B.
Armig
'
Vicecomes
.
Nomina
Recognitor'
in
Assis
.
Nouae
disseis
.
inter
M.C.
querent'
,
(
seu
petentem
)
&
T.C.
tenentem
.
-
A.C.
de
S.
Gener'
.
Et
sic
ad
numerum
24.
-
D.E.
de
F.
Yeoman
.
Et
sic
ad
numerum
24.
Summonitor'
Iurator'
(
siue
Recognitor'
)
praedictor'
,
&
eorum
cuiuslibet
per
se
I.D.
&
T.F.
(
or
more
.
)
Manucaptores
summonitorum
praedict'
&
eorum
vtriusque
I.W.
.
&
W.D.
And
note
,
that
the
Sherife
at
the
first
day
shall
onely
returne
Manucaptores
summonitorum
,
and
not
Iurator
'
:
but
after
he
shall
returne
Manucaptores
Iuratorum
.
Note
also
,
That
if
the
Defendant
be
not
to
be
found
,
nor
hath
whereby
to
be
attached
,
the
Sherife
may
summon
and
attach
his
Baylife
in
an
Assise
.
Also
the
defendants
bayli
e
may
be
attached
by
Pledges
,
and
the
Sherife
may
make
his
retorne
accordingly
.
By
the
Statute
of
Westminster
,
2.
cap.
25
,
The
disseisor
shall
be
attached
but
by
one
Oxe
,
of
5
.
s
.
iiij
.
d
.
price
,
or
the
value
.
So
then
where
the
Tenant
is
sufficient
and
attached
,
the
Sherife
must
retorne
24.
Iurors
or
Recognitors
.
He
must
retorne
Summonitores
Iuratorum
,
&
Manucaptores
Summonitorum
.
Or
he
may
retorne
quod
quilibet
recognitorum
praed
per
se
separatim
Attachiat
.
est
,
ꝑ
Pleg
'
I.D.
&
R.R.
And
further
,
Exitus
eorum
cuiusl●bet
v
s.
And
he
must
set
downe
the
names
of
the
Recognitors
,
(
scz
.
the
Pannell
)
and
all
the
rest
in
a
schedule
,
and
annexe
the
same
to
the
backe
of
the
writ
.
&c.
But
if
the
tenant
or
defendant
bee
insufficient
then
the
Retorne
must
be
after
this
manner
.
Plegij
de
prosequendo
.
-
Ioh.
Doo
.
-
Rich
Roo
.
Infranominat
.
I.
S.
Nihil
habet
in
balliua
mea
,
ꝑ
quod
Attachiari
potest
,
nec
est
inuentus
in
eadem
.
Or
rather
thus
:
Infranom
.
I.S.
Nihil
habet
in
balliua
mea
ꝑ
quod
Attachiari
potest
:
nec
habet
balliuos
nec
balliuum
:
nec
est
inuentus
in
eadem
.
Also
in
an
Assise
the
Sherife
may
retorne
,
Mandaui
balliuo
Libertatis
,
Q●●
nullum
dedit
responsum
,
&c.
Annuity
.
In
a
writ
of
Annuity
per
quod
potest
Attachiari
,
is
not
good
.
And
the
Sherife
may
summon
the
defendant
(
in
his
writ
)
by
his
person
,
if
he
hath
no
land
where
hee
may
be
summoned
.
So
that
the
Sherife
is
here
first
to
take
Pledges
of
the
Plaintife
de
prosequendo
,
&c.
And
then
he
is
to
summon
the
defendant
to
appeare
at
the
day
before
the
Iustices
,
&c.
CHAP.
51.
Atteynt
.
IN
this
writ
the
Sherifes
retorne
must
be
made
after
this
manner
.
Plegij
de
Prosequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Summonitores
infranomin'
I.
S.
(
the
defendant
.
-
H.
F.
-
W.
G.
Residuum
Executionis
istius
breuis
patet
in
quodam
Pannello
(
or
quibusdam
schedul'
huic
breui
annex'
(
or
consut'
.
)
A.B.
armig'
vic'
.
I.
S
,
defend'
.
A.
C.
D.
E.
F.
G.
&c.
ad
numerum
24.
(
And
these
must
be
Knights
,
Esquires
,
or
Gentlemen
,
hauing
twenty
marks
per
annum
(
of
freehold
at
the
least
.
)
Quilib'
Iur'
praed
ꝑ
se
sepa
ratim
attach
.
est
ꝑ
Pleg'
.
-
C.D.
-
E.
F.
Summonitor'
Iur'
praed
&
eorum
cuiuslibet
.
-
I.
D.
-
R.S.
Manucaptor'
Summon'
&
eorum
vtriusque
.
I.
P.
R.
C.
F.
D.
R.
G.
quaere
if
these
Manucaptors
be
needfull
.
Nomina
Iurat'
primae
Inquisit.
in
breue
huic
Pannello
annex
.
specificat
.
A.
S.
C.
D.
H.
F.
&c.
ad
numerum
xij
.
Summonitor'
(
or
Pleg'
)
Iurator'
primae
Inquisit.
&
eorum
cuiuslibet
.
I.D.
R.
R.
Manucaptor'
Summonitor'
praed'
&
eorum
vtriusque
,
I.
L.
H.
P.
R.S.T.V.
quaere
of
these
.
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
;
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.
Attachment
.
VPon
an
Attachment
the
Sherife
may
retorne
that
the
defendant
is
attached
by
Pledges
,
or
is
attached
by
goods
,
Vide
hic
cap
45.
the
forme
.
Where
the
Sher●●e
attacheth
one
by
Pledges
,
he
must
make
his
retorn
thus
.
Infranom
'
I.
S.
attachiatus
est
ꝑ
Pleg
'
S.B.
&
R.B.
But
he
may
not
retorne
Plegij
infranom
.
I.
S
-
S.
B.
-
R.
B.
For
such
retorne
were
not
good
for
want
of
the
word
Attachiatus
.
Also
if
the
Sherife
shall
but
warne
the
tenant
or
defendant
to
appeare
and
answer
,
and
shall
retorne
garnishment
,
it
seemeth
to
be
good
.
If
the
defendant
bee
a
beneficed
Clerke
,
he
must
bee
warned
by
his
person
,
or
by
his
land
if
he
hath
any
Lay
fee
.
Hic
cap.
36.
Where
the
Sherife
attacheth
one
by
goods
,
he
must
in
his
retorne
set
down
the
certainty
of
the
goods
in
Specie
,
as
also
the
value
of
the
goods
:
as
thus
.
Infranom'
I.
S.
attachiatus
est
per
vnum
bouem
(
or
equum
,
&c.
)
pretij
40
.
s
.
And
where
the
attachment
is
made
of
a
liuing
thing
or
things
,
the
Retorn
must
be
pretij
;
and
so
of
a
dead
thing
in
the
singular
number
.
But
if
it
be
of
dead
things
in
the
plurall
number
,
then
it
must
be
ad
valentiam
,
and
not
pretij
.
Note
that
wheresoeuer
the
writ
is
Pone
per
vad'
&
saluos
pleg
.
There
if
the
Sherife
shall
finde
the
party
,
hee
may
attach
him
by
Pledges
:
and
if
he
cannot
finde
the
party
,
then
he
may
attach
him
by
his
goods
.
Also
the
Sherife
(
vpon
an
attachment
)
may
retorne
the
defendant
,
Nihil
Nec
est
inuentus
in
eadem
.
Attachment
sur
Appell
.
In
an
Appell
of
death
or
Robbery
,
Non
est
inuentus
is
a
good
retorne
vpon
the
Attachment
.
Also
the
Sherife
may
retorne
that
the
Plaintife
non
inuenit
Plegios
de
Prosequendo
,
Ideo
,
&c.
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
.
Infranom'
I.S.
Non
est
inuentus
Or
Infranom'
I.S.
&
E.D.
non
sunt
inuenti
,
&c.
Or
Infranom'
I.S.
&
caeteri
defend
.
infranominati
,
non
sunt
inuenti
in
balliua
mea
.
Plus
hic
cap.
36.
2.
And
if
the
party
bee
taken
or
found
,
then
thus
.
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
.
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
.
-
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
.
Quod
ante
istud
breue
mihi
deliberat'
fuit
;
I.
S.
Idem
I.
S.
protulit
mihi
breue
Domini
Regis
de
Supersedeas
,
quod
huic
breui
est
confut.
Ideo
vlcerius
ad
executionem
istius
breuis
,
Nihil
per
me
actum
est
,
these
are
good
Retornes
.
Quod
Cepi
corpus
,
&c.
qui
postea
protulit
mihi
breue
Domini
Regis
de
Supersedeas
,
&c.
Ideo
corpus
suum
coram
,
&c.
habere
non
possum
,
this
is
not
good
.
Quod
Caepi
corpus
,
&c.
&
ipsum
ad
gaolam
,
&c.
Posteaque
viz.
tali
die
,
&c.
pretextu
cuiusdam
alterius
breuis
dicti
Domini
Regis
mihi
directi
,
cuius
transcript'
vobis
mitto
huic
breui
annex'
predictum
I.S.
a
prisona
illa
deliberari
feci
,
Et
ideo
corpus
suum
,
&c.
habere
non
possum
.
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.
Quod
fugit
ad
Libertatem
T.P.
&
ibid.
morat'
,
&c.
Mandaui
balliuo
Libertatis
de
,
&c.
See
hic
cap.
39.
&
infra
.
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
Virtute
istius
breuis
mihi
directi
mandaui
I.D.
balliuo
libertatis
N.
Episcopi
E.
qui
habet
retorn'
,
I.
S.
Qui
quidem
ballinus
nullum
mihi
adhuc
dedit
responsum
.
Or
,
Qui
mihi
respondit
quod
infranom'
I.S.
non
est
inuentus
in
balliua
sua
.
Or
thus
:
Qui
mihi
respondit
quod
cepit
corpus
Infranom'
I.S.
cuius
quidem
corpus
ad
diem
&
locum
infracon'
parat
habet
ad
faciend'
ea
omnia
quae
istud
breue
in
se
exigit
&
requirit
.
Vpon
a
Capias
against
a
Clerke
,
what
retorne
the
Shriefe
may
make
.
hic
cap.
36.
Where
there
bee
two
or
diuers
of
name
.
See
hic
cap.
61.
how
to
make
the
Retorne
.
CHAP.
54.
Capias
ad
satisfaciendum
.
VIrtute
istius
breuis
mihi
directi
Cepi
corpus
A.B.
Armig
'
vic'
.
But
where
the
Sherife
retorneth
Cepi
corpus
vpon
a
Capias
ad
satisfac
'
,
he
must
be
sure
to
haue
the
body
in
Court
at
the
day
otherwise
hee
is
chargeable
for
the
whole
debt
.
If
the
Sherife
hath
taken
the
body
in
Execution
and
after
a
writ
of
Praerog
.
de
habeas
corpus
out
of
the
Exchequer
(
●r
any
other
like
writ
out
of
any
other
Court
)
shall
come
to
the
Sherife
against
the
same
prisoner
,
so
that
the
Sherife
is
thereupon
to
bring
in
the
body
,
he
must
in
his
Returne
shew
the
cause
of
the
imprisonment
or
deteyner
of
the
prisoner
,
that
so
he
may
beremanded
,
or
els
committed
to
some
other
prison
vpon
the
execution
,
and
so
shall
the
Sherife
be
discharged
.
And
if
a
man
be
in
prison
for
felony
,
and
be
atteinted
,
and
after
a
Capias
ad
satisfac'
,
&c.
commeth
to
the
Sherife
against
the
prisoner
,
he
may
retorne
that
the
party
is
atteinted
,
and
that
therefore
he
cannot
take
him
in
Execution
.
Or
the
Sherife
,
(
if
he
will
)
may
serue
the
execution
,
but
then
he
must
be
sure
to
keepe
the
prisoner
,
notwithstanding
any
pardon
of
the
felonie
.
Vpon
a
Capias
ad
Satisfac'
,
Non
est
inuentus
Note
that
vpon
the
Capias
ad
Satisfac
'
,
if
the
execution
be
duely
done
by
the
Sherife
,
Plus
hic
cap.
29.
Capias
vtlagatum
.
Virtute
,
&c.
Cepi
corpus
Residuum
execut'
istius
breuis
patet
in
quadam
Inquisitione
huic
breui
annex'
.
ss.
Inquisitio
Indent'
capta
apud
,
&c.
Qui
dicun'
super
Sacrament'
suum
Quod
I.
S.
in
dicto
breue
nominat
.
&c.
Also
vpon
a
Capias
vtlag
.
Non
est
inuentus
Infranomin
'
I.
S.
Non
est
inuentus
in
balliua
mea
.
Resid'
execut'
istius
breuis
patet
in
quadam
Inquis
.
&c.
For
note
that
vpon
a
Capias
vtlagat
'
whether
the
Sherife
retorneth
a
Caepi
co●pus
,
or
a
Non
est
inuentus
,
he
must
also
enquire
by
a
Iurie
of
twelue
men
,
what
lands
or
goods
the
party
vtlawed
had
within
the
Countie
the
day
of
the
vtlary
,
or
at
any
time
after
.
And
the
Sherife
must
retorne
the
Inquisition
thereof
made
,
vnder
his
owne
seale
,
and
the
seales
of
the
Iurors
.
But
the
Sherife
may
not
arrest
or
take
the
body
of
one
that
is
vtlawed
in
any
personall
action
,
without
the
writ
of
Capias
vtlag
'
first
deliuered
to
him
(
except
where
the
party
is
vtlawed
for
felony
or
Treason
.
)
Vpon
the
Capias
vtlagatum
,
if
the
party
be
found
,
the
Sherife
shall
take
and
put
him
in
prison
without
bayle
.
And
vpon
the
Capias
vtlagat
'
,
the
high
Sherife
shall
do
well
to
take
bond
of
his
Vndersherife
,
or
Baylifes
,
with
condition
to
bring
the
defendant
to
prison
if
he
be
arrested
or
taken
:
For
that
diuers
Vndersherifes
and
Baylifes
if
they
haue
taken
a
man
vpon
a
Capias
vtlagat
'
,
they
first
take
money
of
the
Plaintife
to
take
the
defendant
:
and
after
the
defendant
being
taken
,
they
take
money
of
him
to
let
him
goe
againe
,
they
pretending
that
it
is
to
reuerse
the
vtlary
,
which
they
haue
nothing
to
doe
withall
,
but
are
onely
to
imprison
him
.
Also
vpon
the
Capias
vtlagat
'
tbe
Sherife
may
seise
and
keepe
his
goods
,
&c.
See
thereof
Plus
hic
cap.
15.
The
Sherife
may
retorne
vtlary
vpon
an
Enfant
,
if
he
be
aboue
the
age
of
14.
yeares
.
And
being
taken
,
the
Sherife
may
imprison
him
,
and
may
seize
his
goods
.
CHAP.
55.
Capias
ad
valentiam
.
VPon
this
writ
the
Sherife
is
to
summon
the
defendant
(
scz
.
the
vouchee
)
to
be
before
the
Iustices
at
the
day
mentioned
in
the
writ
,
&c.
And
he
is
to
retorne
the
names
of
the
Summoners
with
the
writ
.
The
Sherife
also
is
(
vpon
this
writ
)
to
seise
the
lands
of
the
vouchee
(
scz
.
to
such
a
proportion
as
the
writ
mentioneth
)
into
the
Kings
hands
,
by
the
view
and
valuation
of
neighbours
or
other
lawfull
men
of
that
County
,
and
is
to
retorn
the
certeinty
of
those
lands
and
the
day
of
such
his
seisure
.
together
with
the
names
of
those
veiors
,
and
of
the
Summoners
vnder
his
seale
.
And
this
seisure
must
bee
of
such
lands
and
tenements
of
the
vouchee
,
as
he
hath
in
fee
simple
,
by
purchase
,
discent
,
or
otherwise
.
Vpon
this
writ
against
diuers
,
the
Sherife
retorned
that
one
of
them
had
nothing
,
&c.
And
that
of
the
other
hee
had
taken
according
to
the
proportion
;
but
for
that
the
Sherife
cannot
apportion
without
a
warrant
he
was
amerced
.
Couenant
.
In
breue
de
Couenant
,
Plegij
de
presequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Summonitores
infranominati
I.
S.
the
Defendant
.
-
I.
R.
-
W.
G
,
In
a
writ
of
Couenant
to
leuy
a
Fyne
,
Nihil
In
other
writs
of
Couenant
,
Nihil
is
a
good
retorne
.
In
writs
of
Couenant
the
Sherif
may
summon
the
Defendant
by
his
person
.
CHAP.
56.
Retorn'
breuis
Originalis
in
Debt
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Summonitores
Infranominat
.
I.S.
(
the
Def.
)
-
H
R.
-
W.
G.
A.
B.
Armig
'
vic'
.
And
if
the
defendant
be
insufficient
,
then
the
retorne
must
be
thus
:
Plegij
de
prosequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Infranominatus
I.
S.
nihil
habet
in
balliua
mea
per
quod
summoniri
potest
.
In
this
writ
,
Nihil
habet
is
a
good
retorne
without
saying
,
Nec
habuit
post
receptionem
breuis
;
or
Nec
habuit
die
quo
,
&c.
for
that
shall
be
intended
.
But
in
this
writ
it
is
no
good
retorne
,
that
the
defendant
hath
payd
the
debt
.
Hic
cap.
36.
Detinue
.
In
Detinue
,
Distring
'
ad
deliberand'
,
&c.
And
the
Sherife
may
thereupon
retorne
Issues
,
or
Nihil
as
the
truth
is
.
Vpon
the
Distring
'
ad
deliberand
'
,
&
to
enquire
of
the
value
,
the
Sherife
is
to
enquire
by
a
Iury
,
and
to
retorne
what
damages
,
and
costs
the
Plaintife
hath
susteined
,
and
also
what
the
true
value
of
the
goods
deteined
,
be
.
Also
the
Sherife
may
retorne
Mandaui
balliuo
Libertat'
qui
nullum
dedit
resp.
But
in
the
writ
ad
deliberand
'
,
&c.
in
Detinue
,
it
is
no
good
retorne
,
that
there
are
no
such
goods
.
The
Sherife
s
here
to
take
Pledges
of
the
Plaintife
,
de
prosequendo
.
And
to
summon
the
defendant
to
appeare
at
the
day
,
&c.
Distringas
against
the
defendant
.
A
Distringas
directed
to
the
Sherife
to
distreine
the
defendant
for
his
appearance
,
may
be
retorned
after
this
manner
.
If
the
defendant
be
sufficient
,
then
thus
:
Manucaptores
infranomin'
I.
S.
-
I.
R.
-
R.
G.
Exitus
—
3
.
s
.
iiij
.
d
.
If
there
de
diuers
defendants
,
then
thus
:
40.
d.
40.
d.
T.
D.
&
A.
R.
districti
sunt
per
caerras
&
catalla
sua
secundam
formam
huius
breuis
,
vnde
exitus
prout
patet
super
eorum
Capit'
:
Et
manucapti
sunt
per
I.
D.
&
A.
S.
quod
sint
ad
diem
&
locum
infrascript'
iuxta
tenorem
huius
breuis
,
&c.
And
so
note
that
in
this
Distring
'
,
the
Sherife
must
alwayes
retorne
issues
vpon
the
defendants
to
compell
them
to
appeare
:
which
issues
must
be
more
then
the
costs
of
the
Plaintifes
writ
of
Distring
'
,
(
which
seemeth
to
be
xiij
.
d.
)
See
hic
cap.
89.
that
they
ought
to
bee
reasonable
and
to
a
greater
value
.
Also
the
defendant
must
finde
Manucaptors
for
his
appearance
.
In
a
writ
of
Accompt
vpon
the
Distring
'
,
the
Sherife
retorned
Manucaptors
,
Et
quod
non
sunt
Exitus
,
and
it
was
adiudged
a
good
retorne
.
In
Debt
vpon
the
D●string
'
,
the
Sherife
retorned
Mandaui
balliuo
Libertatis
de
,
&c.
qui
nullum
dedit
responsum
,
and
for
that
he
did
not
retorn
further
,
Quod
nulla
habet
Exitus
in
balliua
mea
,
the
Sherife
was
amerced
.
So
that
vpon
this
Distring
'
,
the
Sherife
must
retorne
reasonable
issues
vpon
the
defendant
;
and
must
retorne
Distrinxi
.
Quaere
.
And
although
the
words
of
the
distring
'
be
,
Quod
d●string'
per
omnes
terras
&
catalla
sua
,
&c.
yet
the
Sherife
ought
to
distreine
him
but
reasonably
,
and
not
according
to
the
words
of
the
writ
.
Also
a
Clerke
may
not
be
distreined
by
his
goods
(
but
see
what
retorne
the
Sherife
shall
make
,
hic
cap.
36.
If
the
defendant
be
insufficient
,
then
thus
.
Infranom'
I.S.
Nihil
Also
in
this
writ
the
Sherife
may
retorne
Tarde
.
Also
the
Sherife
may
retorne
,
that
the
defendant
is
dead
,
except
it
be
vpon
the
Distring
'
in
an
Atteynt
.
Retorne
de
Summons
in
Dower
.
Plegij
de
Prosequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Summonitores
infranom
.
I.S.
-
I.
W.
-
W.
C.
Et
ad
maxime
vsuale
ostium
Ecclesiae
,
parochialis
de
P.
infrascript
.
super
diem
Dominicum
,
scz
.
quarto
die
Iulij
,
Anno
infrascript
.
immediate
post
diuinum
seruic
.
nulla
praedicatione
adtunc
&
ibidem
existente
,
publice
proclamari
feci
secundum
formam
Statuti
,
prout
istud
breue
in
se
exigit
&
requirit
.
A.
B.
armig'
vic'
.
So
that
vpon
this
writ
the
Sherife
must
first
summon
the
defendants
vpon
the
land
:
And
after
hee
must
proclaime
the
Summons
at
the
Church
doore
of
the
Parish
,
where
the
land
,
&c.
lyeth
:
and
then
must
retorne
all
as
afore
.
See
hic
cap.
102.
Retorne
de
Petit
Cape
in
Dower
.
Virtute
,
&c.
tali
die
&
anno
Cepi
in
manus
Domini
Regis
,
tertiam
partem
tenementorum
infraspec'
cum
pertin'
proui
interius
mihi
precipitur
.
A.
B.
Armig
'
vic'
.
Vpon
the
Petit
Cape
,
the
Sherife
must
summon
the
tenant
to
answer
his
default
(
onely
)
and
not
to
answer
to
the
demandant
.
Also
the
Sherife
is
to
seise
the
lands
into
the
Kings
hands
,
15.
dayes
at
the
least
,
before
the
retorne
of
the
writ
.
Retorn'
breuis
de
visu
in
Dower
.
Virtute
istius
breuis
,
&c.
habere
feci
infranom
'
B.C.
visum
de
tertia
part'
te●
'
infraspec'
in
presenc'
N.
C.
R.D.
M.
B.
&
C.D.
quatuor
milit'
(
or
homines
)
ex
illis
qui
visui
illi
interfuerunt
:
Et
vlterius
certifico
Iustic'
infrascr'
quod
dixi
quatuor
milit'
praed'
quod
sint
coram
Iustic'
infrascr
.
ad
diem
&
locum
infracont'
ad
testificand'
visum
illum
,
prout
per
breue
praed'
mihi
precipitur
.
In
Dower
if
the
demand
be
of
a
rent
,
the
land
,
&c.
out
of
which
the
rent
is
issuing
,
shall
be
put
in
view
.
See
hic
cap.
63.
Retorn'
breuis
de
Seisina
in
Dote
.
Virtute
istius
breuis
mihi
directi
&
huic
schedulae
anex'
tali
die
,
&c.
haberi
feci
P
:
B.
vid.
in
breue
pred'
nominat'
plenariam
seisinam
de
tertia
parte
Manerij
de
B.
cum
pertin'
in
eodem
breue
specific'
,
viz.
de
vna
aula
,
&c.
tenend'
praef.
P.B.
in
separali
ꝑ
metas
&
bundas
,
nomine
totius
dotis
,
&c.
So
that
the
Sherife
(
in
Dower
)
is
to
make
execution
;
and
to
put
the
wife
in
seisin
of
the
third
part
,
by
meetes
and
bounds
,
if
he
can
.
And
yet
in
some
cases
the
Sherife
is
to
assigne
the
wife
her
Dower
to
hold
in
Common
ꝑ
my
&
ꝑ
tout
,
and
not
by
meetes
and
bounds
;
as
of
land
held
by
her
husband
in
Coparcinery
,
or
in
Common
;
;
so
of
the
profits
of
a
Mill
,
of
Common
of
pasture
,
or
of
an
office
.
In
Dower
of
3.
Mannors
,
or
3.
acres
,
the
Sherife
may
assigne
to
the
wife
,
one
entire
Mannor
,
or
one
Acre
for
all
:
And
hee
may
assigne
the
whole
Mannor
with
the
Aduou●●n
;
or
hee
may
assigne
the
third
part
of
each
,
and
the
third
presentment
to
the
Aduowson
.
The
writ
to
the
Sherife
was
to
deliuer
the
wife
ten
marks
per
annum
in
land
and
rent
,
and
the
Sherife
deliuered
her
in
land
5.
marks
per
annum
and
5.
●arkes
in
Rent
issuing
out
of
the
land
,
whereof
she
was
dowable
,
and
holden
good
.
Vpon
the
recouery
of
a
third
part
of
a
Mannor
in
Dower
,
the
Sherife
may
assigne
to
the
wife
,
a
Copihold
with
other
lands
.
And
the
Sherife
may
put
the
wife
in
seisin
by
a
clod
,
or
by
an
herbe
,
or
by
any
beast
being
vpon
the
land
.
Plus
hic
cap.
63.
Vpon
an
Habere
fac'
seisinam
in
dote
,
the
Sherif
retorned
,
that
the
offered
the
demandment
seisin
de
tertia
parte
,
&c.
by
mee●es
and
bounds
,
and
that
she
refused
it
,
this
is
a
good
retorne
.
But
if
the
Sherife
in
the
beginning
retorns
,
quod
habere
fecit
seisin
'
,
(
shewing
the
parcells
)
que
omnia
obtuli
deliberare
,
&c.
but
she
refused
it
,
this
is
repugnant
and
void
.
If
the
Sherife
shall
deliuer
to
the
wife
the
moyty
of
the
land
in
execution
for
the
third
part
,
there
seemes
no
remedy
against
the
Sherife
,
but
a
Scire
fac
'
against
the
wife
.
In
this
writ
it
is
no
good
Retorne
for
the
Sherife
,
to
alledge
Nontenancie
in
him
whom
the
writ
mentioneth
to
be
tenant
.
Note
that
the
Sherife
may
execute
this
writ
,
scz
.
may
assigne
the
thirds
to
the
wife
,
himselfe
without
any
Iury.
Retorn'
breuis
ad
Inquirendum
de
dampnis
in
Dote
.
Executio
istius
breuis
patet
in
quadam
Inquisitione
huic
breue
annex'
.
Inquisitio
Indentat
.
capta
apud
,
&c.
●oram
,
&c.
per
Sacramentum
,
&c.
Qui
dicunt
,
&c.
Quod
infranom'
I.D.
(
tali
die
,
Anno
&
loco
)
obijt
seisitus
,
&c.
de
&
in
Tenementis
infraspec'
&
quod
tenementa
praed'
valent
per
annum
&c.
Et
quod
sex
Anni
&
3.
quarters
Anni
delabuntur
a
tempore
mortis
pred'
I.D.
&
quod
A.D.
infranom'
sustinuit
dampna
occasione
dotis
suae
.
infraspec'
ad
valenc'
x.
l.
In
cuius
rei
testimon'
,
&c.
Vpon
the
writ
to
enquire
of
dammages
,
if
the
Iury
will
finde
no
damages
,
and
the
Sherife
maketh
his
retorn
accordingly
,
though
the
Retorne
bee
not
good
yet
the
Sherife
shall
not
bee
amerced
for
this
default
of
the
Iury.
Retorne
de
breue
de
Droit
.
A
writ
of
Right
,
the
writ
was
,
that
the
Sherife
should
retorne
4.
knights
,
to
choose
the
grand
Assise
retornable
such
a
day
,
and
the
Sherife
retorned
that
there
were
no
Knights
but
Burgesses
,
and
the
Sherife
was
therefore
amerced
:
for
in
such
case
the
Sherife
was
to
retorne
them
Knights
,
though
they
be
no
Knights
.
See
hic
cap.
86.
And
yet
in
a
writ
of
Right
,
the
Sherife
retorned
two
Knights
,
and
two
Esquires
,
to
choose
the
grand
Assise
,
and
this
was
holden
a
good
Returne
,
so
as
the
Sherife
returneth
,
That
there
were
no
more
Knights
within
the
same
Countie
.
But
by
others
,
if
they
were
not
all
Knights
,
the
Sherifes
Returne
was
without
Warrant
:
and
yet
it
seemeth
that
the
Sherife
may
return
others
in
default
of
Knights
.
Hic
cap.
86.
If
there
be
not
so
many
Knights
in
the
Countie
,
as
the
Sherife
shall
haue
in
command
to
return
or
to
summon
,
the
Sherife
may
returne
,
that
there
are
not
so
many
Knights
in
his
Countie
.
A
writ
of
Right
was
brought
in
the
Lords
Court
,
and
remooued
by
a
Tolt
into
the
Countie
Court
,
and
after
by
a
Pone
it
was
remooued
out
of
the
countie
in
Banco
;
and
thereupon
the
Sherife
returned
the
Writ
of
Right
,
and
the
Pone
,
but
not
the
Tolt
;
and
it
was
holden
,
that
the
Sherife
needeth
not
to
returne
the
Tolt
.
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
.
Eiectione
firmae
.
Plegij
de
prosequendo
.
-
Ioh.
Doo
.
-
Rich
Roo
.
Infranom'
I.
S.
attachiatus
est
per
centum
oues
,
pretij
viginti
librarum
.
Or
,
Infranom'
attach'
est
per
pleg'
.
-
B.C.
-
D.E.
Infranom'
I.S.
Nihil
CHAP.
58.
Returne
de
Elegit
.
VIrtute
istius
breuis
ego
A.
B.
Vic'
Com'
infrascript'
(
tali
die
&
an'
)
Liberaui
I.
B.
medietatem
Manerior'
in
Inquisitione
huic
breui
confut'
specificat'
cum
pertin'
:
A.B.
arm'
Vic'
.
Executio
istius
breuis
patet
in
quadam
Inquisic'
huic
breui
annex
.
A.B.
ar'
Vic'
.
Inquisitio
indent'
capta
apud
,
&c.
per
Sacram'
,
&c.
Qui
dicunt
super
sacram'
,
Quod
B.
C.
in
breui
praed
nomin'
,
(
tali
die
&
anno
)
fuit
seisitus
in
Dominico
suo
vt
de
feodo
,
de
&
in
vno
messuag'
vocat'
,
&c.
iacent'
,
&c.
modo
in
occupatione
A.I.
vid.
clari
annui
valoris
,
&c.
xl
.
s.
Ac
etiam
de
&
in
vno
alio
messuag'
,
&c.
(
Quae
omnia
&
singula
praed
B.C.
nuper
perquisiuit
sibi
&
haered
suis
de
,
&c.
)
Quod
quidem
messuag'
in
tenura
praed
A.I.
vna
cum
,
&c.
cum
pertin'
,
pro
medietate
omnium
terrarum
&
tenementorum
praedict'
Ego
praed
Vic'
,
deliberari
feci
I.
B.
in
breue
praed
nominat'
.
Tenend
sibi
,
&c.
quousque
debitum
suum
de
C.li.
vna
cum
xx
.
s.
pro
dampn'
,
&c.
leuauerit
prout
,
&c.
Et
vlterius
Iurat'
praedict'
dicunt
,
&c.
Quod
praedict'
B.
C.
Nulla
alia
sine
plura
habet
bona
aut
catalla
terras
siue
tenementa
in
Com'
praedict'
ad
eorum
noticiam
.
In
cuius
rei
testimonium
,
tam
ego
praefatus
vic'
quam
Iurator'
praedict'
huic
Inquisitioni
sigilla
nostra
alternatim
apposuimus
die
,
anno
,
&
loco
supradict'
,
&c.
A.B.
Armig
'
Vic'
.
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
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
,
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
.
.
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
.
Extent
Virtute
istius
breuis
,
&c.
Cepi
corpus
infranom'
I.S.
cuius
quidem
corpus
ad
diem
&
locum
infracontent'
parat'
habeo
,
prout
interius
mihi
praecipitur
.
Residuum
execut'
istius
breuis
patet
in
quadam
inquisitione
huic
breui
annex'
.
A.B.
Armig
'
Vic.
Inquisitio
indentat'
capta
apud
,
&c.
4.
die
Aug.
Anno
,
&c.
coram
,
&c.
virtute
breuis
Domini
Regis
mihi
direct'
&
huic
inquisic'
annex'
per
sacrament'
&c.
Qui
dicunt
super
sacram'
,
Quod
B.C.
in
breue
prad
nom'
,
die
recog'
debit'
in
eodem
breue
specificat'
fuit
seisitus
in
Dominico
,
&c.
de
et
in
manerio
de
A.
in
Com'
praed
clari
annui
valoris
in
omnibus
exitibus
vltra
repress
.
C.
li.
ac
de
et
in
Manerio
,
&c.
Et
vlterius
iurat'
praed
super
sacram'
suum
pnd
dicunt
,
quod
praedict'
B.
C.
die
Recog'
debit'
.
predici'
seu
vnquam
postea
,
nulla
alia
&c.
ad
eorum
notitiam
,
quod
extendi
appreciari
,
aut
in
Manus
dicti
Domini
Regis
cepi
aut
seisiri
possunt
.
Quae
quidem
maneria
Terr'
et
Tenementa
praedict'
cum
pertin'
ego
praefatus
Vic
die
captionis
huius
Inquisic'
cepi
in
manus
dicti
Domini
Regis
per
extent'
praedict'
.
In
cuius
rei
testimon'
,
&c.
I.S.
infranom'
,
non
est
inuentus
in
balliua
mea
,
ideo
ipsum
capere
non
possum
ad
praesens
.
Sed
quoad
extend
et
appreciand
omnia
terras
et
catalla
ipsius
I.S.
iuxta
formam
istius
breuis
,
executio
inde
patet
in
quadam
inquisic'
,
huic
bri'
consut'
.
Quae
quidem
terr'
et
catalla
in
dicta
inquisit'
content'
in
manus
Domini
Regis
seisiri
feci
.
I.S.
infrascr'
non
est
inuentus
in
balliua
mea
.
Et
vlterius
certifico
,
quod
seisiri
feci
in
Maner'
Domini
Regis
Manerium
,
&c.
in
inquisic'
huic
breui
consut'
spec'
,
prout
interius
mihi
praecipitur
.
Residuum
execui'
,
&c.
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
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
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
,
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.
Retorn'
de
Exigens
.
VIrtute
istius
breuis
mihi
directi
,
I.
S.
primo
exactus
fuit
&
non
comparuit
.
Et
ad
Com'
meum
ibidem
tent'
(
tali
die
&
anno
)
praed'
I.S.
Secundo
exactus
fuit
&
non
comparuit
.
Et
ad
Com'
meum
(
vt
supra
)
tertio
exactus
fuit
&
non
comparuit
.
Et
ad
Com.
meum
(
vt
supra
)
Quarto
exactus
fuit
&
non
comparuit
.
Et
ad
Com'
meum
(
vt
supra
)
quinto
exactus
fuit
&
non
comparuit
.
Ideo
praed'
I.S.
per
iudicium
I.W.
&
R.S.
gen'
Coronator'
dicti
Dom'
Regis
com'
praed'
secundum
legem
&
consuetud'
regni
Angliae
vtlagatus
est
.
(
or
if
it
be
a
woman
,
waiuiataest
.
)
If
there
be
aboue
two
defendants
,
then
thus
.
Infranom'
I.S.
&
ceteri
def.
infranom'
primo
exacti
fuer'
&
non
comparuer'
,
nec
aliquis
eorum
comparuit
.
Et
ad
Com'
meum
,
&c.
(
vt
supra
)
Ideo
praed'
I.S.
&
ceteri
def.
infranem
'
(
or
name
them
all
)
per
Iudicium
,
&c.
vt
supra
.
If
any
of
the
defendants
yeeld
themselues
,
then
thus
.
Virtute
,
&c.
&
ad
com'
meum
ibidem
tent'
(
tali
die
&
Anno
)
I.
S.
&
ceteri
def.
infranom'
Quinto
exacti
fuer'
ad
quem
diem
predictus
I.S.
comparuit
,
&
se
reddit
prisonae
,
Domini
Regis
Castri
sui
Cantabr
.
cuius
quidem
corpus
coram
Iustic
.
infrascr
.
ad
diem
&
locum
infracont
.
parat'
habeo
prout
interius
mihi
precipitur
.
Sed
ceteri
def.
infranom
.
non
comparuer'
,
&c.
Ideo
,
&c.
vt
supra
.
The
Sherife
also
may
Retorne
,
-
Languidus
in
pris
.
Mortuus
.
Tamen
quaere
de
hoc
.
-
Protulit
supersed
'
See
hic
cap.
53.
&
hic
infra
.
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
some
opinions
the
Sherif
shal
be
amerced
,
for
that
by
the
Exigent
the
Sherife
hath
authority
but
to
call
the
party
from
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
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
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
Exigent
,
or
for
retorning
the
same
falsly
hic
cap.
37.
Retorne
de
Exigent
inter
duos
vic'
.
Istud
breue
prout
indorsatur
,
mihi
deliberat
fuit
ꝑ
I.
C.
militem
nuper
vic'
Com'
infrascr'
prox'
praedecessor'
meum
,
in
eius
exitu
ab
officio
.
Et
ad
Comit'
meum
tont'
apud
Castrum
Cantabr
.
in
Com'
C.
infrascr'
(
tali
die
&
Anno
)
infranom'
I.S.
Tertia
exactus
fuit
&
non
comparuit
.
Et
ad
Comit'
meum
tent'
(
vt
supra
)
Quarte
exactus
fuit
,
&
non
comparuit
,
&c.
For
the
retorne
of
an
Exigent
allocato
Comitatu
,
see
my
booke
at
large
.
Retorn'
breuis
de
Proclam'
super
Exigent
.
Virtute
istius
breuis
mihi
directi
,
ad
Comit.
meum
ten'
apud
,
&c.
(
tali
die
&
anno
)
Primo
proclamari
feci
.
Et
ad
generalem
Session'
pacis
tentum
apud
,
&c.
in
Com'
praed'
(
tali
die
&
anno
)
Secund'
proclamari
feci
.
Et
ad
maxime
vsuale
ostium
Ecclesiae
de
B.
infrascr
.
super
diem
Dominicum
,
scz
.
(
tali
die
&
Anno
)
immediate
post
diuinum
seruic'
(
Nulla
praedicatio
eadem
Ecclesia
adtunc
ibidem
existens
)
vno
mense
ad
minus
antequam
infranom'
I.S.
Quinto
exactus
fuit
,
Tertio
proclamari
feci
,
Quod
infranom'
I.S.
se
reddat
mihi
prout
interius
mihi
praecipitur
.
A.B.
armig'
vic'
.
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.
Retorn'
sur
breue
de
Restitution
apres
Exigent
.
An
vtlary
being
reuersed
,
a
writ
of
Restitution
was
awarded
to
the
Sherife
,
pro
bonis
restituendis
,
The
Sherife
returnd
that
he
had
sold
the
goods
for
40.
l.
and
brought
the
money
into
the
Court
;
but
the
returne
was
holden
insufficient
,
for
that
the
writ
de
Capias
vtlag
'
did
not
warrant
or
command
the
Sherife
to
sell
the
goods
,
Vide
hic
cap.
15.
&
30.
Vpon
such
a
weit
directed
to
a
baylife
(
who
seised
the
goods
of
one
that
was
vtlawed
)
the
baylife
may
not
pleade
that
he
was
not
baylife
,
but
must
answer
whether
he
had
the
goods
or
no
,
and
how
they
are
deuested
out
of
his
possession
.
And
so
note
that
the
Sherife
in
some
cases
may
seise
goods
,
and
may
keepe
them
,
but
may
not
safely
sell
them
.
Vt
hic
supra
.
And
in
some
cases
the
Sherife
may
seise
goods
,
and
may
and
ought
to
sell
them
;
and
notwithstanding
that
the
Iudgement
be
reuersed
,
&c.
yet
there
shall
be
no
Restitution
of
the
goods
,
&c.
hic
cap.
30.
CHAP.
60.
Retorn'
breuis
de
falso
Iudicio
.
VIrtute
istius
breuis
,
assumptis
mecum
I.
W.
&c.
quatuor
discret'
&
legalibus
militibus
(
or
hominibus
)
de
balliua
mea
,
in
propria
persona
mea
accessi
ad
Cur.
Dn
'
Caroli
Reg'
Angl'
,
de
O.
tent'
apud
O.
(
tali
die
&
Anno
)
&
in
plena
Curia
illa
Recordari
feci
loquelam
,
vnde
infra
fit
mentio
,
Et
record
illud
habeo
coram
Iustic'
infraspec'
ad
diem
infracontent'
quod
huic
br'i
est
consut'
sub
sigillo
meo
,
&
sigillis
B.
C.
D.
&
E
quatuor
legalium
hominum
qui
record'
illo
interfuer'
.
And
here
the
Sherife
must
set
down
and
retorne
the
Names
of
the
foure
Knights
of
the
County
which
goe
with
him
,
as
also
the
Names
of
the
4.
Suitors
of
the
same
Court
whose
seales
be
thereto
,
vt
supra
.
Virtute
istius
breuis
,
assumptis
mecum
C.D.
E
F.
G.
H.
&
I.
K.
quatuor
legalibus
milit
(
or
hominibus
)
de
Com'
meo
,
in
propria
persona
mea
accessi
ad
Curiam
E.
tent'
apud
,
&c.
(
tali
die
&
Anno
)
et
in
plena
Curia
illa
ab
F.
G.
&c.
sectator
eiusdem
Curiae
,
&
R.
H.
seneschallo
ibidem
,
petij
Recordum
Loquelae
,
quae
est
in
eadem
Curia
,
&c.
inter
.
C.
D.
petentem
&
I.
S.
tenentem
fieri
&
mihi
liberari'
:
Qui
quidem
Seneschallus
,
&
Sectatores
,
Recordum
illud
inde
mihi
liberare
noluerunt
,
ob
quod
Execut'
dicti
breuis
facere
non
potui
.
Or
the
Sherife
may
make
these
Returnes
.
1.
That
he
came
to
the
Court
to
record
the
Plea
,
and
that
the
Suitors
would
not
deliuer
him
the
Record
,
nor
suffer
him
to
haue
it
,
or
that
the
Suitors
there
refused
to
make
the
Record
,
or
to
Record
the
plea
:
Or
that
the
Suitors
said
that
there
was
no
such
Plea
;
naming
such
Suitors
by
their
proper
N●mes
,
&c.
2.
That
the
Steward
,
the
baylife
,
and
Suitors
,
(
naming
them
all
)
were
present
in
Court
,
when
he
came
to
returne
the
Plea
,
and
required
the
sight
thereof
,
which
they
denied
him
,
&c.
3.
That
after
the
receipt
of
this
writ
,
and
before
the
Returne
therof
,
no
Court
was
holden
,
so
as
he
could
not
execute
the
writ
.
4.
That
the
Sherife
hath
required
the
Lord
to
hold
his
Court
,
and
the
Lord
would
not
,
&c.
5.
Quod
breue
adeo
Tarde
veuit
,
quod
Executionem
eiusdem
facere
non
potuit
.
And
so
note
that
vpon
this
writ
the
Sherife
is
to
repayre
to
the
Court
in
the
writ
mentioned
,
and
there
to
require
the
sight
of
the
Plea
,
whether
it
be
depending
,
or
determined
:
Also
he
is
to
record
the
saine
Plea
,
and
to
return
it
with
the
writ
.
The
Sherife
is
also
to
take
Pledges
of
the
Plaintife
de
prosequendo
:
And
to
summon
or
warne
the
defendant
to
appeare
at
the
day
before
the
Iustices
to
heare
the
said
Record
;
and
to
returne
the
names
of
the
Summoners
.
He
must
also
take
with
him
to
the
Court
foure
lawfull
men
of
the
same
County
;
and
must
retorne
the
writ
vnder
his
Seale
,
and
the
seales
of
foure
suitors
of
the
same
Court
,
together
with
the
Record
.
CHAP.
61.
Retorne
de
Fieri
facias
.
1
VIrtute
istius
breuis
mihi
directi
,
fieri
feci
de
bonis
&
catallis
infranom'
I.S.
ad
valenc
'
100.
l.
(
or
infrascript
'
100.
l.
)
quas
quidem
100.
l.
ad
diem
&
locum
infracontent'
parat'
habeo
,
prout
istud
breue
in
se
exigit
&
requirit
.
Fieri
feci
,
&c.
ad
valenc
'
200.
l.
&
inde
vendidi
ad
valenc
'
100.
l.
quas
quidem
100.
l.
&c.
vt
supra
.
&
quod
residuum
remanent
intendit'
,
&c.
(
Or
thus
,
Quae
bona
&
catalla
penes
me
remanent
inuendit'
pro
defectu
emptorum
.
)
Fieri
feci
,
&c.
quandam
dimissionem
&
concessionem
,
eidem
I.
S.
per
quendam
T.G.
Gen'
per
indentur'
suam
factam
,
de
&
in
vno
messuag'
,
&c.
scituat'
,
&c.
infra
balliuam
meam
.
Et
praedict'
dimissionem
,
ac
omne
&
totum
ius
statum
titulum
terminum
annorum
,
&
demand
quae
praedict'
I.
S.
modo
habet
de
&
in
praedict'
praemiss
.
virtute
eiusdem
dimissionis
aut
aliter
,
venditioni
exposui
&
vendidi
cuidam
C.D.
Gen'
pro
summa
56.
l.
3.
s.
4.
d.
Ac
etiam
fieri
feci
de
alijs
bonis
&
catallis
praedict'
I.S.
ad
valenc
'
40.
l.
Quas
quidem
denar'
summas
ad
diem
&
locum
,
&c.
vt
supra
,
Et
quod
praedict'
I.
S.
nulla
alia
siue
plura
bona
aut
catalla
in
balliua
mea
habet
vnde
resid
praed
debet
300.
l.
fieri
siue
leuari
possum
secund
exigent'
,
huius
breuis
.
2
Virtute
,
&c.
Cepi
bona
&
catalla
I.
S.
infranom'
ad
valenc'
omnium
denar'
infrascr'
.
Et
illa
venditioni
exposui
,
ad
quod
non
inueni
emptores
.
Et
ideo
denarios
infraspec'
.
habere
non
possum
ad
diem
&
locum
infracont'
ꝓut
mihi
praecipitur
.
Where
there
bee
diuers
of
one
name
.
3.
Iustic'
infrascr'
certifico
quod
sunt
diuersae
personae
in
Comit.
meo
Nomin'
&
cognom
.
de
I.S.
viz.
I.S.
de
B.I.S.
de
C.
&
I.S.
de
W.
Et
quia
non
continet'
in
isto
breui
,
de
cuius
predict
'
I.S.
bonis
&
Catallis
denar
.
infraspec'
fieri
facerem
.
Ideo
ad
executionem
istius
breuis
procedere
non
potui
.
4
Infranom'
I.S.
nulla
habet
bona
seu
catalla
,
terras
siue
tenementa
(
or
Nihil
Vpon
a
Fieri
facias
,
the
Sherife
returneth
,
quod
nihil
habet
,
it
is
not
good
,
without
saying
further
,
Nec
habuit
post
receptionem
breuis
.
Where
the
Sherife
returneth
a
Fieri
facias
,
&c.
hee
must
withall
haue
the
money
in
Court
at
the
day
.
Or
vpon
a
Fieri
facias
,
if
it
be
duly
executed
,
and
the
money
paid
to
the
Plaintife
,
or
he
otherwise
satisfied
,
the
Sherife
needeth
not
to
return
the
writ
.
Hic
cap.
38.
Also
vpon
a
Fieri
facias
the
Sherife
may
sell
a
Lease
for
yeares
,
and
yet
neuer
make
any
mention
thereof
in
his
Returne
,
but
to
returne
generally
,
Quod
fieri
fecit
de
bonis
&
catallis
.
&c.
Vpon
a
Fieri
facias
against
I.S.
who
dieth
before
execution
,
the
Sherife
may
leuie
the
execution
of
the
Executors
or
administrators
of
I.S.
Vpon
a
Fieri
facias
,
if
it
shall
appeare
to
the
Sherife
,
that
the
Defendant
hath
sould
his
goods
by
couin
,
after
the
Recouerie
,
there
the
Sherife
is
to
make
execution
of
the
goods
notwithstanding
such
sale
.
Plus
hic
cap.
30
,
36
,
&
29.
Vpon
a
Fieri
facias
sur
Deuastauit
,
vpon
a
recouerie
had
in
debt
,
against
Executors
,
the
Sherife
may
return
,
That
the
Executors
haue
sould
and
wasted
diuers
other
of
the
Testators
goods
,
and
conuerted
the
money
to
their
own
vse
.
He
may
returne
,
That
the
Executors
Nulla
habent
bona
seu
catalla
,
de
bonis
suis
proprijs
in
balliua
sua
,
vnde
,
&c.
Also
vpon
this
writ
,
the
Sherife
may
take
and
seise
into
his
hands
such
goods
of
the
testators
as
are
remaining
in
the
Executors
hands
.
Formedon
.
Plegij
de
Prosequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Summonitores
Infranominat
.
I.S.
-
I.
H.
-
T.
S.
Vpon
a
Formedon
,
the
Sherife
may
returne
Tarde
,
&c.
But
in
a
Formdon
the
Sherif
may
not
returne
,
Quod
nihil
habet
,
&c.
Or
,
Non
est
inuentus
,
&c.
For
that
in
this
writ
the
Sherife
may
summon
the
Defendant
vpon
the
land
demanded
,
whither
he
be
Tenant
thereof
,
or
no.
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
.
Briefe
de
Gard.
In
this
writ
the
Defendant
is
to
be
summoned
.
Vpon
this
writ
the
Sherife
may
returne
.
That
the
Enfant
is
in
another
Countie
.
In
this
writ
,
vpon
the
Distresse
with
Proclamation
,
the
Sherife
may
returne
Tarde
,
scz
.
That
the
writ
came
so
late
;
that
he
could
not
make
Proclamation
.
Vpon
the
distresse
with
Proclamation
,
the
Sherife
returned
,
that
as
to
the
distresse
,
Mandauit
balliuo
libertatis
,
&c.
and
as
to
the
Proclamation
,
That
he
made
it
himselfe
,
this
is
no
good
returne
(
by
some
opinions
)
for
that
the
whole
returne
and
seruing
of
the
writ
belongeth
meerely
to
the
bailife
.
Tamen
quaere
,
for
that
the
Proclamations
are
to
be
made
by
the
Sherife
in
the
countie
Court
,
&
therefore
he
ought
rather
to
execute
the
whole
.
Grand
Cape
.
Virtute
istius
breuis
&c.
(
tali
die
&
anno
)
per
visum
R.H.
&
T.H.
proborum
&
legalium
hominum
de
com'
meo
,
Cepi
in
manus
Domini
Regis
terras
infrascript'
prout
interius
mihi
praecipiter
.
Summonitor'
,
I.D.R.F.
Cepi
in
manus
Domini
Regis
,
omnia
terras
&
tenementa
reddit'
&
seruic'
cum
pertin'
in
breui
isto
specificat'
:
secundum
formam
huius
breuis
.
Note
that
the
Grand
Cape
must
bee
serued
(
scz
.
the
lands
must
be
seised
into
the
Kings
hands
,
by
the
view
of
lawfull
men
)
fifteene
dayes
before
the
day
of
the
Returne
,
scz
.
before
the
primo
die
,
and
the
Sherife
shall
bee
accountable
for
a
the
issues
thereof
.
And
yet
by
some
opinions
,
those
words
Cape
in
manus
nostras
,
are
but
of
form
,
and
that
the
Sherife
ought
not
to
seise
the
lands
into
the
Kings
hands
by
force
thereof
,
see
hic
cap.
11.
But
the
Sherife
must
summon
the
tenant
to
answere
to
his
default
,
&
further
to
answere
to
the
Demaundants
action
.
Also
the
Sherife
must
returne
the
names
of
the
Summoners
,
and
veyours
,
In
this
Writ
the
Sherife
may
return
that
the
party
hath
nothing
,
per
quod
Sommoniri
potest
.
He
may
returne
,
Quod
nullus
venit
ex
parte
querent'
ad
ostendend
mihi
terras
,
&
ideo
non
potui
Capere
,
&c.
He
may
return
that
there
is
no
such
Turne
,
&c.
Hee
may
returne
Mandaui
balliuo
libertatis
,
&c.
Cepi
in
manus
Domini
Regis
duos
solidat'
redditus
infrascr'
ꝑ
visum
&c.
De
Petit
Cape
,
vide
hic
cap.
11.
&
31.
CHAP.
63.
Habeas
Corpus
.
Et
corpus
cum
causa
.
VIrtute
istius
breuis
vobis
Iustic'
infraspec'
certifico
,
quod
ante
aduentum
istius
breuis
infranom
'
I.S.
Captus
fuit
(
in
tali
loco
)
&
prisone
,
&c.
Commiss
.
pro
suspitione
proditionis
,
feloniae
,
sur
Capias
vtlagatum
(
or
excom'
)
sur
Account
,
pro
transgressione
,
or
Virtute
alterius
breuis
(
Domini
Regis
,
cuius
tenor'
sequitur'
&c.
)
Attamen
corpus
eius
coram
vobis
ad
die
et
locum
infracontent'
prompt'
habeo
,
prout
interius
mihi
praecipiter
.
And
yet
if
a
man
be
in
prison
for
treson
or
felony
,
and
be
attainted
,
it
seemeth
the
Sherife
may
returne
this
,
and
that
therefore
hee
cannot
haue
the
bodie
in
Court
at
the
day
,
&c.
Infranom
'
I.S.
Captus
fuit
&c.
Et
Prisone
,
&c.
Commissus
virtute
cuiusdam
breuis
de
Capias
ad
satisfact'
:
Ideo
corpus
eius
ad
diem
&c.
habere
non
possum
prout
&c.
But
quaere
of
this
retorne
.
ss.
For
if
a
man
be
condemned
in
any
Court
for
Debt
or
Damages
recouered
and
his
body
be
therupon
taken
in
execution
,
and
then
he
procures
any
writ
to
the
Sherife
to
remoue
his
body
&c.
The
Sherife
ought
to
bring
in
the
bodie
at
the
day
,
according
as
he
is
commanded
by
the
writ
,
And
withall
the
Sherife
ought
to
returne
the
speciall
matter
and
cause
of
the
condemnation
that
so
at
last
the
prisoner
may
bee
remaunded
,
&c.
Infranom'
I.S.
languidus
est
in
prisona
,
Infranom'
I.S.
per
me
non
captus
fuit
,
I.
C.
militem
nuper
vic'
praedecessor'
meum
,
&
mihi
per
ipsum
minime
delibertat'
in
exitu
ab
officio
suo
.
Ideo
corpus
eius
,
&c.
habere
non
possum
,
&c.
Also
vpon
these
writs
,
it
is
a
good
retorne
that
the
party
is
dead
.
Domino
Regi
certifico
quod
I.S.
infrascr'
:
And
note
that
these
writs
(
of
Habedi
corpus
,
&
Corpus
cum
causa
)
are
to
bee
executed
by
the
Sherife
notwithstanding
any
commaundement
to
the
contrary
from
the
Lord
Chancellour
or
other
subiect
whatsoeuer
(
immo
coment
del
nostre
Seignior
le
Roy
mesme
desouth
son
priuy
seale
,
ou
auter
son
ordinary
power
quant
al
execution
de
Iustice
;
except
tamen
le
absolute
power
del
Roy.
)
And
if
the
Sherife
shall
surcease
to
execute
the
Kings
writ
vpon
any
such
ordinary
commandement
,
the
Sherife
shall
bee
amerced
&c.
See
hic
cap.
21.
Note
that
this
Writ
de
Habeas
corpus
,
shall
not
be
graunted
to
remooue
any
prisoner
,
except
the
writ
bee
signed
with
the
proper
hand
of
one
of
the
Iustices
of
the
Court
,
out
of
which
the
same
writ
shall
be
awarded
.
Habere
facias
seisinam
.
Virtute
&c.
Iustic'
certifico
quod
(
tali
dic
&
Anno
)
Habere
feci
infranom'
A.G.
plenam
scisinam
de
vno
messuag'
cum
pertin'
in
S.
infraspec'
in
omnibus
prout
istud
breue
,
But
vpon
an
Habere
fac'
seisinam
(
or
other
writ
,
where
land
is
recouered
)
the
Sherife
may
not
make
these
returnes
following
,
scz
.
-
That
there
is
no
such
land
,
and
therefore
he
could
not
make
execution
,
&c.
-
That
a
stranger
is
tenant
of
the
land
,
and
therefore
hee
could
not
&c.
-
That
he
against
whom
the
recouery
is
had
,
hath
nothing
in
the
land
;
or
is
not
tenant
thereof
,
&c.
For
note
that
vpon
the
Habere
fac'
Seisinam
,
the
Sherife
ought
to
execute
the
writ
,
although
that
a
stranger
bee
seised
of
the
land
,
and
that
in
truth
,
none
of
the
parties
to
the
writ
were
euer
seised
thereof
.
The
Sherife
retorned
that
he
could
not
deliuer
seisin
,
by
reason
of
Resistance
made
by
I.B.
and
other
persons
vnknowne
,
and
was
amerced
,
for
that
he
might
haue
taken
Posse
Comitatus
,
&c.
And
yet
such
a
Retorne
hath
been
allowed
.
Vide
hic
cap.
36.
Note
that
vpon
the
Habere
fac'
scisinam
,
as
also
vpon
an
habere
fac'
possession
'
,
if
the
Sherife
shall
duely
execute
the
writ
,
and
that
the
Plaintife
or
demandant
haue
his
demand
,
there
the
Sherife
needs
make
no
returne
of
the
writ
.
But
vpon
the
Habere
fac'
seisinam
,
the
Sherife
may
make
these
retornes
.
scz
.
That
hee
offered
to
the
demandant
seisin
,
&c.
and
he
refused
it
.
That
hee
(
the
Sherife
)
himselfe
was
tenant
of
the
land
,
and
so
hee
could
not
serue
the
writ
,
&c.
That
none
came
to
receiue
seisin
,
&c.
That
none
came
,
Ex
parte
petentis
,
ad
ostenden'
tenement
'
&c.
And
yet
in
case
where
the
same
Sherife
made
the
Summons
,
there
he
cannot
after
make
this
retorn
.
Quod
nullus
venit
,
&c.
ad
ostendendum
Tenement'
.
Also
note
,
that
vpon
the
Habere
facias
seisinam
,
the
Sherife
may
put
the
partie
in
seisin
or
possession
,
as
followeth
:
viz.
1
Of
a
house
,
by
the
Ring
of
the
doore
.
Or
the
Sherife
may
open
him
the
doore
of
the
house
,
and
bid
him
to
enter
,
&c.
2
Of
land
by
a
bough
,
twig
,
clod
,
or
the
like
,
vpon
the
ground
.
3
Of
a
Rent
the
Sherife
may
put
the
partie
in
possession
thereof
by
Parrol
.
Or
by
any
clod
or
other
parcell
of
the
land
,
as
a
bough
or
twig
.
Or
by
any
corne
,
or
herbe
,
or
other
thing
growing
vpon
the
land
,
out
of
which
the
rent
is
issuing
.
Or
by
Distresse
of
Cattell
leuant
and
couchant
there
:
but
the
Sherife
(
or
party
)
may
not
driue
such
cattel
off
the
lands
.
Also
the
Sherife
may
deliuer
seisin
or
possession
of
land
in
one
towne
,
in
the
name
of
land
in
diuers
townes
.
Also
vpon
the
Habere
fac'
Seisinam
,
or
possessionem
,
the
Sherife
may
breake
open
the
doore
,
&c.
and
deliuer
seisin
or
possession
.
Habere
fac'
visum
.
Virtute
,
&c.
Iustic'
infrascr'
certifico
Quod
(
tali
die
&
Anno
)
Habere
fec'
infranom
H.H.
&
I.
vxori
eius
,
visum
de
messuag'
,
&c.
infraspec'
cum
pertin'
.
Et
dixi
A.C.D.E.F.G.
&
H.I.
quatuor
milit'
(
or
hom'
)
de
Com'
meo
,
(
or
ex
illis
)
qui
visut
illi
interfuer'
.
Quod
sint
coram
Iustic'
praedict'
ad
diem
&
locum
infracont'
,
ad
testificandum
visum
illum
,
prout
interius
mihi
praecipit'
.
In
reall
actions
,
where
the
Tenant
doth
not
well
know
the
land
demaunded
,
he
make
pray
the
view
scz
.
that
he
may
bee
shewed
which
is
the
land
demanded
.
And
the
Sherife
may
returne
,
That
he
was
readie
to
make
the
view
,
and
that
the
Tenant
(
nor
any
for
him
)
came
not
to
haue
the
view
.
Also
the
Sherife
is
not
bound
to
know
or
to
seeke
the
land
demanded
,
and
therefore
except
the
demaundant
sheweth
it
to
him
,
hee
may
returne
,
Quod
nullus
venit
ex
parte
petentis
ad
ostendendum
mihi
Tenementa
petita
,
&
ideo
dicto
T.S.
(
petenti
)
de
tenementis
infraspec'
habere
visum
non
potui
.
Or
the
Sherife
may
returne
,
Quod
mandauit
balliuo
libertatis
,
de
&c.
Qui
respondit
,
quod
petens
non
venit
ad
ostendend
,
&c.
lou
il
fuit
prist
,
&c.
If
the
demandant
shall
shew
to
the
Sherif
a
strangers
land
,
by
force
whereof
the
Sherife
enters
,
&c.
he
is
no
trespasser
.
In
a
Praecipe
of
a
Rent
,
the
Sherife
(
vpon
the
view
demanded
&
granted
)
shall
not
returne
Habere
feci
visum
in
x.
s.
redditus
:
but
hee
must
returne
,
Habere
feci
visum
de
terra
vnde
redditus
,
&c.
If
a
rent
be
granted
,
but
out
of
no
land
,
and
yet
certaine
land
is
charged
to
the
Distresse
,
if
the
rent
be
behind
ther●
in
an
Assise
,
&c.
this
land
so
charged
shall
be
put
in
view
.
If
the
Rent
be
granted
out
of
one
land
,
and
other
land
within
the
same
County
be
charged
to
the
Distresse
,
here
both
these
lands
shall
bee
put
in
view
.
Where
a
Mannor
is
demanded
,
nothing
shall
be
put
in
view
,
but
the
Scite
with
the
appurtenances
,
and
not
by
parcells
.
If
the
Mannor
be
demanded
,
and
the
thing
put
in
view
is
but
a
house
,
and
a
Carue
of
land
of
another
name
,
this
is
not
good
.
If
a
house
and
ten
shillings
Rent
be
demanded
,
and
nothing
put
in
view
but
the
house
,
it
is
not
good
.
If
a
house
and
land
be
demaunded
,
each
parcell
shall
be
put
in
view
.
Where
part
of
a
Mannour
is
in
demand
,
yet
the
view
shall
bee
of
the
whole
.
Where
a
moitie
,
or
a
third
,
fourth
,
or
other
part
of
house
or
land
is
in
demand
,
yet
the
whole
shall
bee
put
in
view
.
Where
a
Carue
of
land
is
demaunded
,
the
moitie
thereof
may
bee
put
in
view
.
In
an
Assise
of
land
lying
in
two
townes
,
the
view
ought
to
be
made
in
both
Townes
.
In
an
Assise
the
view
ought
to
bee
made
where
the
Disseisin
began
.
Vpon
a
demand
of
ten
acres
of
land
,
the
Demaundant
said
to
the
Tenaunt
,
That
those
ten
acres
were
in
such
a
field
,
and
abuttalled
by
them
,
without
bringing
the
Tenaunt
to
any
parcell
thereof
,
and
the
Sherife
returned
it
accordingly
,
and
it
was
holden
a
good
view
.
Note
,
that
when
the
Sherife
maketh
the
view
,
hee
must
goe
to
the
Tenements
;
&c.
demanded
,
or
to
some
part
thereof
.
And
he
must
haue
the
Viewors
present
,
who
are
to
take
view
of
the
thing
or
place
in
question
,
&c.
And
he
ought
to
giue
warning
to
the
Tenant
,
of
the
time
when
the
view
shall
be
made
.
And
hee
must
returne
the
names
of
the
Viewors
,
(
vt
supra
)
and
must
warne
them
to
bee
before
the
Iustices
at
the
day
mentioned
in
the
writ
,
to
testifie
their
view
,
&c.
Homine
Repleg'
.
Virtute
,
I.
S.
de
pleg'
facere
praed'
B.
quem
praed'
I.
S.
mihi
ostendere
noluit
,
sed
praed'
B.
ante
aduentum
istius
breuis
,
ad
loca
mihi
incognita
elongauit
,
Et
post
receptionem
eiusdem
breuis
praed'
B.
non
est
inuentus
in
balliua
mea
,
ꝑ
quod
praed'
B.
repleg'
non
possum
,
prout
interius
mihi
precipitur
.
The
Sherife
also
vpon
this
writ
may
make
these
retornes
following
,
scz
.
That
hee
could
not
haue
the
view
,
&c.
ꝑ
quod
,
&c.
That
the
defendant
claymeth
the
Plaintife
to
be
his
Ward
.
That
the
defendant
claymeth
the
Plaintife
to
be
his
Villen
.
CHAP.
64.
Inquisitions
by
a
Iury.
FOr
the
forme
of
the
Inquisitions
and
returne
thereof
.
See
hic
cap.
58.
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
-
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
Inquisition
.
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
challeng'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
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
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
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
present
therat
,
if
they
will
,
scz
.
to
plead
;
giue
in
euidence
,
or
make
their
Challenge
,
&c.
CHAP.
65.
Leuari
facias
.
VIrtute
,
Vpon
a
Leuari
facias
,
the
Sherife
may
returne
,
that
hee
hath
leuied
ten
pounds
of
the
summe
,
the
which
hee
hath
deliuered
to
the
Plaintife
.
Plus
hic
cap.
29.
Lattitat
.
Vpon
a
Lattitat
,
Nonest
inuentus
is
a
good
returne
.
Also
Cepi
Corpus
,
and
other
returns
may
be
made
vpon
a
Lattitat
,
as
vpon
a
Capias
ad
respondendum
,
as
it
seemeth
.
Liberate
.
Vpon
a
Liberate
,
Hic
cap.
38.
Virtute
istius
breuis
(
tali
die
&
anno
)
Liberaui
L.
S.
infranom'
Manerium
infraspec'
,
cum
pertin'
,
Tenendum
sibi
&
assign'
suis
vt
liberum
tenementum
suum
,
quousque
sibi
de
debito
infrascr'
,
vna
cum
dampnis
misis
&
expensis
,
quae
in
hac
parte
rationabiliter
sustinuit
,
plenar'
satisfact'
fuerit
,
prout
istud
breue
in
se
exigit
&
requirit
.
I.S.
infranominatus
non
est
inuentus
in
baltiua
mea
.
Vide
plus
hic
cap.
25.
CHAP.
66.
Retorne
de
Briefe
de
Medio
.
PLegij
de
Prosequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Summonitores
in
franomin
'
I.
S.
-
H.
I.
-
T.
S.
In
a
writ
of
Mesne
,
the
Processe
which
is
giuen
by
statute
,
is
Summons
,
Attachment
,
and
the
Grand
Distresse
,
which
shall
haue
day
of
Returne
by
such
time
that
two
Countie
Courts
may
be
holden
,
in
which
the
Sherife
shall
make
Proclamation
,
that
the
defendant
come
to
acquire
the
Plaintife
or
Tenant
,
&c.
And
if
the
Defendant
commeth
not
,
and
that
the
writ
be
returned
,
the
Defendant
shall
bee
foreiudged
.
For
the
forme
of
the
return
of
Proclamation
of
Summons
,
see
hic
cap.
70.
Or
,
Nihil
habet
per
quod
potest
attachiari
.
Or
,
Nihil
habet
per
quod
potest
distringi
.
Retorn'
breuis
Eligend'
Militis
&
Burgens
.
Parliamenti
.
Virtute
istius
breuis
mihi
directi
,
in
pleno
Comitatu
meo
tent'
apud
Cantab
'
(
tali
dic
&
anno
)
per
assensum
eiusdem
comitatus
Elegi
feci
duos
Milites
de
Com'
meo
praed
viz.
E.
P.
&
I.C.
ad
faciend'
prout
istud
breue
in
se
exigit
&
requirit
.
Feci
etiam
praeceptum
W.D.
maiori
villae
de
C.
in
Com'
meo
,
quod
de
eodem
burgo
Elegi
fecerit
duos
burgens
.
ad
faciend
quod
istud
breue
exigit
,
qui
quidem
Maior
sic
mihi
respondit
quod
clegi
fecerit
de
praed'
burgo
de
C.
duos
burgenses
,
viz.
P.
F.
&
I.
W.
ad
faciend
etiam
prout
istud
breue
in
se
exigit
&
requirit
.
Proclamari
etiam
feci
omnia
in
isto
breui
content'
secund
formam
&
effectum
huius
breuis
,
&
prout
istud
breue
requirit
.
Residuum
vero
Executionis
istius
breuis
patet
in
quibusdam
Indentur'
huic
breui
annex'
.
And
then
there
must
be
indentures
made
betweene
the
Sherife
of
the
one
part
,
and
some
of
the
freeholders
being
chusers
(
of
the
Knights
)
of
the
other
part
;
in
which
indentures
the
names
of
the
Knights
shall
also
be
set
down
,
&c.
See
hic
postea
cap.
92.
For
the
forme
of
these
Indentures
,
see
my
booke
at
large
.
The
like
Indentures
also
are
to
bee
made
betweene
the
Sherife
of
the
one
part
,
(
and
the
Maior
or
Baylife
,
quaere
)
and
some
of
the
free
Citizens
or
Burgesses
of
the
City
or
Borough
(
being
chusers
of
their
Citizens
or
Burgesses
)
of
the
other
part
;
In
which
indentures
also
the
names
of
their
Citizens
or
Burgesses
must
be
set
down
,
&c.
hic
cap.
92.
The
forme
of
which
last
Indenture
,
you
may
also
see
in
my
booke
at
large
.
And
all
these
Indentures
must
be
returned
with
the
said
writ
.
Plus
hic
cap.
92.
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'
.
The
Returne
of
the
writ
of
Partition
,
Executio
istius
breuis
patet
in
quadam
Inquisitione
huic
breui
annex'
.
Virtute
breuis
Domini
Regis
mihi
directi
,
&
huic
schedulae
(
or
huic
partition'
)
Indent
.
annex'
ego
A.B.
armig'
vic'
Com'
praed'
(
tali
die
&
anno
)
in
propria
persona
mea
accessi
ad
messuag'
(
or
ad
Tn'ta
)
in
breui
praed
specificat
.
Et
ꝑ
Sacramentum
I.
B.
R.
B.
&c.
(
ad
numerum
xij
.
)
proborum
&
legalium
hominum
de
Com'
praed
ac
visnet'
in
eodem
breui
specificat'
habito
respectu
ad
verum
valorem
eiusdem
messuagij
(
or
eorund
Ten'tor'
)
cum
ꝑtin'
,
eundem
messuag'
cum
ꝑtin'
in
quatuor
equales
partes
partiri
feci
,
vnam
partem
partium
illarum
,
viz.
&c.
Tenendum
H.
S.
&
F.
vxori
eius
in
breue
praed'
nominat'
in
separalitate
ꝑ
metas
&
bundas
,
in
iure
eiusdem
F.
Aliam
partem
inde
viz.
&c.
Tenendum
B.R.
&
Eliz.
vxori
eius
in
breue
praed'
nom'
in
separalitate
,
in
iure
eiusdem
E.
*
Ac
duas
alias
partes
inde
viz.
&c.
Tenendum
praefato
I.S.
in
separalitate
,
in
iure
suo
proprio
.
Et
ego
praefatus
vic'
dic
&
anno
superdictis
eas
deliberari
&
assign'
feci
,
prout
idem
breue
in
se
exigit
&
requirit
.
In
cuius
rei
Testimonium
,
&c.
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
Tenementorum
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
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
them
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.
Praecipe
quod
reddat
of
land
.
IN
a
Praecipe
quod
reddat
,
the
Sherife
may
not
make
any
of
these
5.
returns
following
,
scz
,
-
That
the
defendant
is
not
tenant
:
for
the
Sherife
may
summon
him
in
terra
petita
.
-
That
the
defendant
Nihil
habet
,
vnde
eum
summonire
potui
:
Or
,
-
That
the
defendant
Non
est
inuentus
.
Causa
qua
supra
.
-
That
the
tenant
is
an
Enfant
,
or
Feme
Couert
.
-
That
the
tenant
hath
yeelded
the
land
to
the
demandant
.
For
if
the
tenant
shall
yeeld
the
land
to
the
demandant
,
yet
the
Sherife
must
summon
the
tenant
,
and
must
returne
the
same
,
for
that
such
yeelding
of
the
land
must
be
in
the
Court
,
&c.
In
a
Praecipe
against
two
,
the
Sherife
returneth
one
of
them
summoned
,
and
the
other
not
,
this
is
not
good
,
but
he
must
summon
them
both
,
and
so
make
his
Returne
.
In
a
Praecipe
quod
reddat
,
the
Sherife
may
returne
,
That
the
Tenant
is
dead
,
(
or
deposed
,
beeing
an
Abbot
,
&c.
)
If
the
Sherife
shall
returne
the
Tenant
summoned
,
where
in
deed
he
was
not
summoned
,
the
Sherife
is
punishable
.
Note
that
in
a
Praecipe
quod
reddat
there
must
be
two
Summoners
at
the
least
,
and
the
Sherife
or
his
Officer
,
in
the
presence
of
those
Summoners
,
ought
to
summon
the
Tenant
to
keep
his
day
of
the
Returne
,
(
naming
that
in
certaine
)
and
also
he
ought
to
name
the
demandant
,
&
the
land
in
demand
.
Hic
cap.
31.
Proprietate
probanda
.
Vpon
a
Repleuin
(
Alias
,
or
Pluries
,
Repleg
'
)
directed
to
the
Sherife
,
if
the
Defendant
claimeth
propertie
in
the
Cattell
(
or
goods
)
distreyned
,
&c.
the
power
of
the
Sherife
ceaseth
and
determineth
,
so
as
the
Sherife
may
not
Repleuie
,
or
make
deliuerance
of
them
.
But
the
Sherife
is
to
returne
,
Quod
def.
clamat
aueria
,
&c.
esse
sua
.
Ideo
.
&c.
And
vpon
such
Returne
the
other
partie
may
sue
out
his
writ
de
Proprietate
probanda
.
Vpon
this
writ
de
Proprietate
prob
'
the
Sherife
in
his
County
Court
,
and
before
the
Coroners
,
shall
impannell
a
Iurie
to
enquire
in
praesentia
partium
(
if
they
will
)
of
the
propertie
of
the
Cattell
,
(
or
goods
)
scz
.
to
whom
the
property
of
the
same
was
at
the
time
of
the
taking
:
and
if
it
bee
found
,
that
the
propertie
was
in
the
defendant
,
the
Plaintife
shall
be
amerced
by
the
Sherife
in
the
Countie
.
But
if
it
be
found
that
the
Defendant
had
nothing
in
the
Cattell
(
or
goods
)
but
that
the
propertie
was
in
the
Plaintife
,
then
(
if
the
Plaintife
shall
find
Pledges
de
Prosequendo
)
the
Sherife
shall
attach
the
defendant
,
ad
respondend
tam
dom.
Regi
de
contemptu
,
quam
querenti
de
dampnis
,
&c.
And
the
Defendant
shall
afterward
be
committed
to
prison
by
the
Iustices
,
there
to
remaine
vntill
hee
hath
paid
a
fine
to
the
king
for
such
his
false
claime
;
but
that
punishment
and
fine
shall
be
inflicted
and
set
by
the
Iustices
in
Banco
.
Also
vpon
the
propertie
found
for
the
Plaintife
(
as
aforesaid
)
the
Sherife
shall
make
deliuerie
of
the
Cattell
,
&c.
to
the
Plaintife
.
Vpon
this
Writ
the
Iurie
are
onely
to
enquire
to
or
in
whom
the
propertie
of
the
Cattell
was
at
the
time
of
the
taking
.
And
here
the
verie
title
of
the
Cattell
or
goods
shall
bee
giuen
in
euiuidence
,
and
tried
before
the
Sherife
.
And
vpon
this
triall
the
partie
may
challenge
the
Iurie
.
But
this
writ
shal
not
be
granted
but
onely
where
the
Repleuin
is
sued
by
writ
,
(
and
not
where
it
is
onely
by
Plaint
)
neither
shall
it
be
granted
but
vpon
the
Sherifs
Returne
,
&c.
Note
that
the
Bailife
or
seruant
may
claime
propertie
for
his
Master
,
&
one
Defendant
may
claime
propertie
,
but
an
Estranger
cannot
claime
propertie
.
And
although
the
Baylife
or
Seruant
shall
claime
propertie
for
their
Lord
or
Master
,
yet
the
Sherife
may
make
deliuerance
of
the
Cattell
,
notwithstanding
such
claime
,
(
and
may
not
safely
returne
such
claime
made
by
the
seruant
)
but
if
the
right
owner
of
the
goods
himselfe
claimeth
property
,
then
the
Sherife
may
not
make
deliuerance
,
but
must
returne
,
Quod
def.
clamat
aueria
,
&c.
vt
supra
.
Also
before
the
enquirie
of
the
propertie
be
made
in
the
Countie
Court
,
the
Sherife
is
to
giue
warning
to
the
Defendant
thereof
,
that
he
may
be
present
thereat
if
he
will
.
And
the
Sherife
also
must
giue
warning
to
the
Plaintife
,
to
be
there
to
giue
in
his
euidence
to
the
Iurie
,
&c.
Mes
nota
que
le
triall
del
propertie
enle
Countie
Court
deu
't
le
Vic'
per
cel
Briefe
,
ne
lier
les
parties
,
&c.
Retorne
de
Proclam'
de
Summons
in
Breue
de
Admeasurement
.
Ad
Com.
meum
tentum
apud
Castrum
Cantabr'
in
Comitat'
Cantabr
'
infrascr'
(
tali
die
&
anno
)
Et
ad
Comitat'
meum
tent'
apud
Castrum
Cantabr'
in
Com'
C.
praed
(
tali
die
&
ann'
)
suprad
,
proclamari
feci
omnia
&
singula
in
Breui
praed
specificat'
,
prout
mihi
interius
praecipitur
.
The
like
returne
of
Proclamation
may
be
made
vpon
the
writ
de
Communi
Custodia
,
&c.
but
that
there
must
be
three
Proclamations
,
&c.
Vide
Retorne
de
Proclam'
de
Summons
:
-
In
Breife
de
Dower
,
hic
cap.
56.
-
Sur
Exigent
,
cap.
59.
-
In
Briefe
de
Wast
,
cap.
79.
-
In
Briefe
de
Mesne
,
cap.
66.
Retorne
de
Pone
,
de
Remouer
Plee
.
-
-
Ioh.
Doo
.
-
Rich.
Roo
.
-
Infranom'
I.S.
attachiatus
est
per
Plegios
-
N.F.
-
R.D.
Or
the
partie
may
bee
attached
by
his
goods
,
and
then
thus
:
Infranom'
I.S.
attachiatus
est
per
vnum
equum
pretij
xx
.
s
.
Infranom'
I.S.
nihil
habet
in
balliua
mea
,
per
quod
attachiari
potest
.
And
note
that
the
Pone
is
but
a
Summons
,
scz
.
a
command
to
the
Sherife
to
summon
or
prefixe
a
day
to
the
parties
,
Plaintife
and
Defendant
,
that
they
appeare
in
Banco
,
&c.
If
it
be
in
a
writ
of
Right
,
see
what
the
Sherife
must
returne
,
hic
cap.
56.
And
if
it
be
in
a
Repleuin
,
the
Sherife
must
returne
the
Plaint
or
Plea
,
&c.
out
of
the
Countie
Court
,
into
the
Common
Banke
,
and
must
returne
the
same
vnder
the
seales
of
foure
Suitors
of
that
Court
,
as
followeth
:
Virtute
istius
Breuis
mihi
directi
posui
coram
Iustic'
Domini
Regis
de
Banco
apud
Westmonaster'
Loquelam
quae
est
in
Com'
meo
(
per
breue
dicti
domini
Regis
)
inter
T.W.
&
H.
B.
de
auerijs
ipsius
T.W.
capt'
&
iniustè
detentis
vt
dicit'
,
prout
patet
in
quadam
schedul
.
huic
breui
annex'
.
Or
thus
:
Virtute
istius
breuis
in
forma
infrascr'
posui
loquelam
infrascr'
ad
diem
&
locum
infracontent'
,
prout
interius
mihi
praecipitur
.
Cuius
quidem
loquela
record
patet
in
schedul'
,
&c.
Summonitor'
P.T.
&
I.D.
Ad
Comit'
meum
tent'
apud
C.
(
tali
die
&
anno
)
T.
V.
Schedula
In
a
Repleuin
a
Pone
went
out
,
and
at
the
next
County
Court
the
Plaintife
was
Nonsuit
,
or
hath
discontinued
his
Suite
,
yet
the
Sherife
may
execute
the
Pone
,
(
scz
.
may
record
and
returne
the
plea.
)
And
yet
for
that
by
the
Nonsuite
there
resteth
no
plea
(
or
thing
)
to
be
remooued
,
the
Sherif
may
returne
,
Quod
ad
proximum
Comitat'
&c.
the
Plaintife
was
Nonsuit
,
Et
sic
Nul
parol
la
,
&c.
Note
that
the
Pleynt
onely
shall
bee
remooued
,
and
the
Auowry
:
But
the
Proces
,
the
proceedings
,
and
continuance
thereof
shall
not
be
remooued
.
And
wheresoeuer
a
writ
commeth
to
the
Sherife
to
remooue
the
Plea
,
out
of
the
County
Court
,
&c.
the
writ
must
be
openly
read
in
the
Court
,
that
the
other
party
may
haue
notice
thereof
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
,
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
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.
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
,
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
'
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
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
,
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.
Retorn'
de
Repleuin
sur
Retorno
Habendo
Plegij
de
prosequendo
&
de
return'
habend'
si
,
&c.
-
B.C.
-
D.E.
Virtute
istius
breuis
mihi
directi
deliberari
(
siue
Repleg'
)
feci
infranom'
R.
B.
aueria
quae
I.S.
in
Curia
Dom'
Regis
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
faciendum
&
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
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
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
WHere
the
first
Admeasurement
was
made
before
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
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
:
-
P.R.
-
I.W.
Or
thus
:
Infranom'
I.S.
attachiat'
est
per
vnum
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.
Retorn'
Breuis
ad
inquirend
de
dampnis
in
Trespas
.
Executio
istius
breuis
patet
in
quadam
Inquisitione
huic
breui
annex'
.
A.B.
Arm●g
'
Vic'
.
Inquisitio
.
&c.
qui
dicunt
super
Sacramentum
suum
,
Quod
W.
B.
&
A.
vxor
eius
,
in
dicto
breue
nominat'
sustinuerunt
dampna
occasione
transgress
.
in
eodem
breui
specificat'
(
vltra
misas
&
costagia
suas
,
ꝑ
ipsos
circa
sect'
suam
in
hac
parte
opposit'
)
ad
xx
.
s
.
Et
pro
misis
&
costag'
illis
ad
6
.
s
.
8.d
.
In
cuius
rei
testim'
,
&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
,
&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
Venire
facias
,
if
the
Defendant
bee
sufficient
,
the
Sherife
may
returne
him
summoned
or
attached
.
Retorn'
de
Venire
facias
Iurator'
.
Executio
istius
breuis
patet
in
quodam
panello
huic
breui
annex'
.
A.B.
ar'
Vic'
.
Nomina
Iurator'
inter
I.C.
Querent'
&
D.F.
Def.
in
placito
transgres
.
&c.
(
or
Debiti
,
&c.
)
Then
write
downe
the
names
of
twentie
foure
Iurors
,
thus
:
Et
sic
ad
numemerū
24.
-
R.W.
de
E.
Gen'
.
-
F.C.
de
W.
Yeoman
.
-
P.R.
de
B.
Yeoman
.
Quilibet
Iurat'
praed
per
se
separatim
,
manucaptus
(
or
attachiatus
)
est
per
Pleg'
-
I.D.
-
R.R.
A.B.
armig'
vic'
.
And
yet
it
seemeth
not
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
Venire
fac'
Iurator
'
,
the
Sherife
shall
return
no
issues
;
but
vpon
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
.
Retorn'
de
Habeas
Corpora
Iurator'
.
Executio
istius
breuis
patet
in
quodam
Pannello
huic
breui
annex'
.
A.B.
Armig
'
Vic'
.
Nomina
Iurator'
inter
,
&c.
as
before
vpon
the
Venire
fac'
.
Quilibet
Iurator'
praed'
per
se
separatim
Manucaptus
est
per
-
I.
D.
-
R.
R.
Exitus
eorum
cuiuslibet
.
x.s.
Note
that
here
issues
must
be
returned
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
(
or
Pledges
)
vpon
the
Iurors
,
as
aboue
.
But
that
is
not
required
(
nor
best
)
in
the
first
Venire
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
Venire
facias
)
for
the
triall
of
a
cause
brought
to
an
issue
.
Retorn'
de
Distring
'
Iurator
.
Executio
istius
breuis
patet
in
quodam
Pannello
huic
breui
annex
.
And
then
set
downe
the
names
of
the
Iurors
,
vt
supra
.
Manucaptor'
Iur'
praed
&
eorum
cuiuslibet
.
-
I.
D.
-
R.R.
Exitus
corum
cuiuslibet
.
x.s.
(
or
more
according
to
the
Statutes
,
which
see
hic
cap.
90.91
.
It
seemeth
also
that
the
Sherife
ought
to
returne
Pledges
of
the
Manucaptors
in
this
manner
following
.
Quilib'
Manucaptor'
praed
attach
.
est
ꝑ
Pleg'
.
-
I.S.
-
W.
A.
So
that
vpon
the
Distring
'
Iurat
'
,
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
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
.
PLegij
de
prosequendo
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Summonitores
infranom'
I.S.
-
I.
W.
-
W.
C.
Et
vlterius
ego
A.B.
armiger'
vic'
com'
infrascript'
Iustic'
infrascript'
certifico
,
Quod
post
summonit'
praedict'
scz
.
(
tali
die
&
Anno
)
infrascr'
existent'
die
dominico
immediate
post
diuinum
seruic'
in
ecclesia
parochiali
de
B.
infraspec'
.
Nulla
praedicat'
adtunc
ibidem
existente
,
apud
maxim'
vsuale
ostium
ecclesiae
parochialis
illius
,
infra
quam
quidem
parochiam
tenementa
infrascr'
iacent
&
existunt
,
Proclamari
feci
summonit'
praedict'
secundum
formam
statuti
in
huiusmodi
casu
edit'
&
prouis
.
A.B.
armig'
vic'
.
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
,
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
.
Return'
de
breue
ad
inquirend'
de
vasto
.
Virtute
istius
breuis
mihi
directi
.
Ego
A.B.
armig'
vic'
com'
praed'
(
tali
die
&
Anno
)
in
propria
persona
mea
accessi
ad
tenementa
vastata
,
(
or
ad
locum
vastatum
)
in
dicto
breui
specific'
.
Et
apud
S.
(
scz
.
the
Towne
or
one
of
the
Townes
wherein
the
tenement
,
or
place
wasted
lyeth
)
feci
inquisitionem
&c.
prout
istud
breue
in
se
Exigit
&
requirit
.
A.B.
armig'
vic'
Residuum
executionis
istius
breuis
patet
in
quadam
Inquisitione
huic
breui
annex'
.
Inquisitio
&c.
Qui
dicunt
super
sacrament'
suum
;
Quod
I.
S.
in
dicto
breui
nominat'
fecit
vastum
(
vendition'
)
&
destructionem
in
omnibus
in
eodem
breui
specificat'
(
or
in
domibus
&
boscis
praedict
,
or
in
tenementis
&
terris
in
breui
praedict'
specific'
)
viz.
in
permittendo
vnam
aulam
pretij
xl.s.
duas
Cameras
pretij
3.
l.
&
vnum
stabulum
pretij
xx
.
s
.
esse
discoopertum
pro
defectu
reparationum
earundum
domorum
,
per
quod
grossum
maeremium
(
inde
,
or
)
earundum
domorum
per
tempestates
pluviales
super
illas
discendentes
deuenerunt
putrida
&
corrupta
,
&c.
contra
formam
prouision'
in
eodem
breue
Content'
.
In
cuius
rei
testimonium
,
&c.
Inquisitio
,
&c.
qui
dicunt
,
In
cuius
rei
testimon'
,
&c.
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
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
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
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
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
.
Infranom'
I.S.
Nulla
habet
bona
neque
Catalla
in
balliua
mea
quae
in
Withernam
capere
possum
,
prout
,
&c.
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
.
VIrtute
,
Et
vlterius
ad
Comit'
meum
tent'
apud
Cantabr'
(
tali
die
&
anno
)
publice
Proclam'
feci
,
quod
partes
in
eisdem
breuibus
nominatis
,
dies
suos
coram
Iustic'
apud
W.
ad
praefatum
terminum
conseruarent
,
prout
istud
breue
,
&c.
Virtute
,
&c.
Indictamentum
illud
vnde
in
dicto
breue
fit
mentio
,
Retorn'
de
Proclam'
extra
Cancellar'
.
Virtute
,
&c.
publice
proclamari
feci*
infra
balliuam
meam
quod
infranom
'
I.
S.
sub
poena
legianc'
suae
,
coram
Domino
Rege
in
Cancellar'
sua
ad
diem
infracont'
compareat
,
prout
interius
mihi
praecipitur
.
Necnon
dicto
Domino
Regi
certifico
quod
infranom'
I.S.
Non
est
inuentus
in
balliua
mea
.
*
Or
such
Proclamations
would
be
made
in
diuers
seuerall
places
,
(
and
at
diuers
seuerall
times
)
within
the
same
sheire
,
and
be
returned
accordingly
.
The
Returne
of
a
Dedimus
potestat
'
to
take
the
Oath
of
a
Sherife
.
Virtute
istius
breuis
nobis
directi
(
tali
die
&
anno
,
&c.
infrascr'
)
recepimus
Sacramentum
infranom'
A.
B.
vicecom'
Com'
C.
de
Officio
illo
bene
&
fideliter
faciend
iuxta
formam
cuiusdam
schedulae
praesentibus
annexis
prout
interius
nobis
praecipitur
,
Ac
prout
istud
breue
in
se
Exigit
&
requirit
.
-
W.
S.
-
B.
T.
Commis
.
Retorn'
Securitatis
Pacis
,
sur
,
Supplicauit
.
Ego
A.B.
ar'
vic'
Com'
infrascr'
Domino
Regi
in
Cancellar'
sua
certifico
quod
I.S.
infranom'
,
Nullam
mihi
inuenit
securitatem
pacis
de
qua
interius
fit
mentio
,
sed
in
prisona
Domini
Regis
sub
Custodia
mea
ad
presens
residet
.
Ego
,
Vpon
a
Supplicauit
directed
to
the
Sherife
,
and
Iustices
of
Peace
of
that
County
,
if
it
be
deliuered
to
the
Sherife
,
he
onely
ought
to
execute
it
.
scz
.
he
is
to
grant
out
his
warrant
,
to
bring
the
party
before
him
alone
,
to
find
Sureties
for
the
Peace
,
and
he
is
further
to
doe
in
euery
behalfe
according
as
the
Writ
directeth
him
.
CHAP.
82.
Retorne
of
Proces
out
of
the
Eschequer
.
Retorn'
de
Capias
,
extra
Scaccarium
.
Et
si
sit
cum
Inquisit'
ꝓ
annuali
valore
tunc
breue
praedictum
returnab'
est
sic
.
Residuum
Execution'
istius
breuis
patet
in
quadam
Inquisit'
huic
breui
annex
.
A.B.
Armig
'
vic'
.
Inquisitio
Indent'
Capta
apud
L.
in
Com'
praed'
(
tali
die
&
anno
)
coram
A.
B.
ar'
vic'
Com'
praed'
virtut'
breuis
Domini
Regis
mihi
directi
&
huic
Inquis
.
annex'
ꝑ
Sacram'
B.
C.
D.
E.
(
&c.
ad
numerum
xij
.
iurator'
)
Qui
dicunt
super
Sacram'
suum
,
Quod
,
&c.
(
as
the
matter
is
.
)
Retorn'
de
Seisur'
nomine
District'
.
Virtute
,
Vide
hic
cap.
56
,
how
the
Returne
shall
be
where
he
is
sufficient
.
Nullum
tale
maner'
,
nec
vlla
terra
seu
tenementa
cognit'
per
nomen
de
E.
iac'
in
Com'
C.
vnde
distringere
possum
,
Infranom'
I.S.
nihil
habet
in
balliua
mea
,
&c.
Nec
est
inuentus
,
&c.
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
.
Retorn'
Breuis
de
respect'
homage
al
Distringas
.
Manucaptores
Infranominat
.
I.S.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Exitus
xx
.
s
.
(
more
or
lesse
,
according
to
the
value
of
the
land
.
)
Retorn'
Breuis
de
Quis
est
tenens
.
Virtute
,
&c.
certifico
,
Manucaptor'
praenom'
W.B.
&
M.
vxor'
eius
.
-
Ioh.
Doo
.
-
Rich.
Roo
.
Retorn'
quando
aliquis
ostendit
Vic'
Tallia
.
Virtute
,
&c.
certifico
,
Quod
I.S.
infranom'
,
post
receptionem
istius
Breuis
mihi
ostendit
tallia
sua
,
de
solutione
firmae
suae
interius
specific'
:
Ob
quod
praefixi
ei
diem
essendi
coram
Baron'
infrascript'
ad
faciend'
&
recipiend
super
tallia
praedict'
iuxta
tenorem
huius
breuis
.
Et
ideo
leuatio
summ'
interius
specific'
.
Supersed
prout
mihi
interius
praecipitur
.
Retorna
breuis
per
collect'
decimae
&
quindecimae
extra
Scac'
.
That
A.
refused
to
bee
Collector
of
the
Taske
,
or
to
seale
the
Bond.
See
my
booke
at
large
.
That
C.
hath
sealed
a
Bond
for
the
Collection
thereof
,
ibidem
.
Commorans
in
alio
Comitat'
.
Infranom'
I.L.
est
Vic'
Com.
E.
Et
est
commorans
in
dicto
Comitatu
E
,
Et
non
est
inuentus
in
Balliua
mea
.
De
vendition'
exponas
.
Baron'
infrascr'
certifico
,
Quod
illa
centum
Oues
in
hoc
breue
specific'
,
vendition'
exponere
non
potui
,
eo
quod
adhuc
remanet
in
manus
infranom'
E.L.
nuper
Vic'
Com'
Cantabr'
:
&
nunquam
mihi
praefat'
nunc
Vic'
adhuc
per
praefatum
,
nuper
Vic'
deliber'
fuer'
.
A.B.
Armig
'
Vic'
.
Aliter
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
diem
&
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.
The
Sherifes
Returne
vpon
a
precept
from
Iustices
of
Peace
,
to
Enquire
of
a
Riot
,
or
Forcible
entrie
,
&c.
VIrtute
istius
Praecepti
mihi
directi
venire
feci
coram
Iustic
,
infrascriptis
,
ad
diem
&
locum
infracont
.
24.
probos
,
sufficientes
,
&
legales
homines
de
balliua
mea
,
prout
interius
mihi
praecipitur
.
Residuum
executionis
istius
praecepti
patet
in
quadam
schedula
huic
warranto
annex'
.
A.B.
Armig
'
Vic'
.
Nomina
Iurator'
ad
inquirend'
pro
Domino
Rege
de
quibusdam
ill
citis
aggregationibus
&
riottis
,
And
then
vnderneath
write
downe
the
names
of
the
twentie
foure
thus
:
Et
sic
de
caeteris
,
ad
uumerum
24.
-
T.B.
de
Lynton
.
-
R.B.
de
eadem
.
-
I.P.
de
H.
Quilibet
Iurator'
praedict'
separatim
per
se
attachiatus
est
per
pleg'
-
Ioh.
Doo
.
-
Rich.
Roo
.
Exitus
eorum
cuiuslibet
xx
.
s
.
A.B.
Arm'
Vic'
.
CHAP.
85.
Returne
of
Iuries
.
IVries
are
of
two
sorts
,
scz
.
for
Enquiry
,
or
Triall
.
For
Enquiry
,
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
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
,
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
,
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
lyeth
,
or
where
the
fact
is
supposed
to
be
done
.
The
Sherife
shall
returne
no
Iuror
without
a
true
Addition
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
taken
)
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
Venire
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
Venire
facias
,
shall
haue
this
clause
Quorum
quilibet
habeat
4.
li.
per
annum
,
ad
minus
.
And
vpon
such
a
Venire
facias
the
Sherife
shall
returne
no
person
,
vnlesse
hee
may
spend
4.
li.
per
annum
,
of
Freehold
within
the
county
,
and
out
of
Antient
Demesne
.
And
where
that
clause
is
left
out
of
the
Venire
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
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
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
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
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
,
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
,
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
'
:
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
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
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
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
Vic'
done
nul
notice
,
ou
Summons
al
Freeholders
serra
mischieuous
,
Et
vncore
semble
nul
remedy
done
.
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
,
&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
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
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
.
Those
Maiors
and
Baylifes
,
&c.
must
make
a
returne
of
that
Precept
,
and
of
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
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
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
&
tenants
of
such
Lords
,
&c.
as
come
to
the
Parliament
,
are
not
to
be
assessed
for
their
lands
holden
of
such
Lords
,
except
by
prescription
.
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
.
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
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
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
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
locum
,
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.
WHeresoeuer
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
of
Bankrupts
,
by
warrant
vnder
the
hands
and
seales
of
the
said
Commissioners
,
the
Sherife
may
breake
open
the
houses
,
chambers
,
shops
,
doores
,
or
chests
,
&c.
of
the
Bankrupt
,
wherein
any
of
his
goods
be
,
or
shall
be
reputed
to
be
,
and
to
seize
vpon
the
body
and
goods
,
&c.
5
To
deliuer
cattell
impounded
,
&c.
in
a
Castle
,
Fort
,
or
House
,
&c.
See
hic
cap.
114.
6
Also
where
one
being
vnder
arrest
,
vpon
an
Execution
(
or
otherwise
)
shall
escape
into
an
house
,
vpon
pursuit
the
Officer
may
breake
open
the
house
to
take
his
prisoner
againe
.
7
So
wheresoeuer
the
Officer
hath
once
lawfully
entred
the
house
(
or
into
one
roome
)
he
may
breake
open
any
other
roome
there
,
vpon
refusall
to
let
him
goe
in
.
8
If
the
doore
be
open
,
and
the
Officer
commeth
to
the
house
and
sheweth
the
Kings
Proces
,
and
offereth
to
enter
to
execute
the
same
,
and
then
the
doores
be
shut
against
the
Officer
,
here
the
Officer
may
breake
open
the
house
,
&c.
for
that
here
he
had
lawfully
begun
to
execute
his
Proces
.
9
Where
the
Officer
hath
once
lawfully
entred
an
house
to
make
execution
of
his
Proces
,
the
doore
being
open
and
then
the
doore
is
shut
,
and
so
the
Officer
is
detained
prisoner
in
the
house
,
the
Sherife
is
to
deliuer
his
Officer
may
breake
open
the
house
.
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
,
Capias
,
&c.
or
any
other
Writ
)
and
such
as
shall
not
assist
the
Sherife
and
his
Officers
therein
,
being
required
,
shall
pay
a
fyne
to
the
King
.
The
Sherife
also
may
take
Posse
Comitatus
,
to
execute
the
precept
of
the
Iustices
of
peace
;
as
in
case
of
a
forcible
entrie
,
&c.
to
make
restitution
,
&c.
Also
when
any
of
the
Kings
enemies
shall
inuade
the
land
,
the
Sherife
in
defence
of
the
Realme
,
may
take
Posse
Comitatus
,
hic
cap.
1.
So
when
any
rebellion
or
riot
,
&c.
shall
he
,
hic
cap.
4.
So
to
apprehend
traytors
or
felons
,
hic
cap.
4.
So
where
the
Sherife
findeth
any
resistance
in
the
execution
of
his
Office
.
Hic
cap.
36.58
.
&
63.
Note
that
the
Sherife
or
his
Officers
may
take
the
power
of
the
County
by
force
of
the
Common
Law
.
And
in
all
cases
where
the
Sherife
,
&c.
may
take
Posse
Comitatus
,
there
he
may
command
the
aide
and
attendance
of
all
persons
within
his
County
,
that
are
able
to
trauell
,
and
be
aboue
the
age
of
15.
yeares
.
And
in
such
cases
it
is
referred
to
the
discretion
of
the
Sherife
,
what
number
hee
will
haue
with
him
,
and
how
and
in
what
manner
armed
,
The
Vndersherife
,
as
also
the
Sherifes
baylife
,
or
seruant
(
hauing
the
Sherifes
warrant
)
haue
the
same
authority
to
take
Posse
Comitatus
in
euerie
behalfe
.
The
Sherifes
baylife
to
execute
a
Repleuin
,
tooke
with
him
three
hundred
men
armed
,
modo
guerrino
,
(
scz
.
with
gunnes
,
&c.
)
and
it
was
holden
lawfull
.
But
the
Baylife
in
such
cases
must
be
a
knowne
baylife
,
and
must
haue
the
Sherifes
warrant
to
doe
this
.
CHAP.
96.
Bailement
of
Prisoners
.
IF
the
Sherife
shall
detaine
any
prisoner
which
is
baileable
,
after
sufficient
sureties
offered
,
the
Sherife
shal
be
punished
.
If
the
Sherife
shall
baile
any
person
which
is
not
by
him
baileable
,
hee
shall
be
punishable
to
the
King
and
partie
grieued
:
And
if
the
prisoner
were
in
for
felonie
,
and
the
Sherife
bayleth
and
deliuereth
him
,
this
is
felonie
in
the
Sherife
,
except
it
be
by
vertue
of
the
Kings
speciall
Writ
.
But
Sherifes
(
and
their
Officers
)
ought
to
let
to
baile
all
manner
of
persons
,
by
any
of
them
arrested
,
or
being
in
their
custodie
by
force
of
any
Writ
,
Bill
,
or
Warrant
,
in
any
Action
personall
;
or
vpon
any
Indictment
of
Trespasse
,
vpon
sufficient
sureties
offered
to
appeare
at
the
day
and
place
where
and
when
the
same
Writ
,
&c.
are
returnable
.
And
yet
Sherifes
may
not
baile
any
person
in
any
of
these
seuen
cases
following
,
scz
.
such
as
are
in
their
custodie
,
1
By
condemnation
vpon
any
iudgement
.
2
Vpon
a
Capias
ad
satisfaciendum
or
other
Execution
.
3
Vpon
a
Capias
excommunicatum
.
4
Vpon
a
Capias
vtlagatum
.
5
For
suretie
of
the
Peace
.
6
By
commandement
of
any
Iustice
.
7
Nor
Vagabonds
or
idle
persons
refusing
to
serue
.
Neither
shall
the
Sherife
bayle
any
person
or
prisoner
taken
for
any
manner
of
treason
or
felonie
.
And
yet
a
prisoner
in
the
Gaole
for
felonie
,
may
by
the
Sherife
bee
bayled
,
vpon
the
Kings
speciall
Writ
of
Mainprise
.
Also
persons
committed
vpon
an
Indictment
for
Trespasse
,
or
other
like
offence
,
before
Iustices
of
peace
,
the
Sherife
may
baile
them
,
binding
them
to
the
next
Sessions
,
&c.
Now
wheresoeuer
the
prisoner
is
baileable
,
thereafter
the
Arrest
,
the
officer
ought
to
take
sureties
by
obligation
In
the
formes
of
such
obligations
,
these
three
things
are
to
be
obserued
,
otherwise
the
obligation
will
be
void
.
1
The
bond
must
bee
made
to
the
High-sherife
onely
(
or
to
his
vse
)
and
to
none
other
person
.
2
It
must
bee
made
to
him
by
the
name
of
Sherife
.
3
There
must
nothing
be
put
into
the
condition
of
the
bond
,
but
onely
that
the
defendant
shall
appeare
at
the
day
and
place
in
the
Writ
specified
,
&
to
doe
as
the
Writ
requireth
.
A
bond
made
to
any
person
for
the
inlargement
of
a
prisoner
,
saue
only
to
the
Sherife
,
is
void
.
A
bond
made
to
the
Sherife
to
such
purpose
,
without
a
Condition
,
is
void
.
A
bond
made
with
addition
of
any
clause
,
or
word
,
in
the
Condition
to
any
of
these
purposes
following
,
scz
.
to
saue
harmelesse
,
to
yeeld
his
body
prisoner
,
to
bee
true
prisoner
,
to
pay
money
charges
or
fees
,
or
for
meate
or
drinke
,
or
for
any
other
●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
,
this
is
good
.
So
if
the
Sherife
taketh
Bond
for
the
payment
of
money
due
to
the
King
,
vpon
an
Estreat
out
of
the
Exchequer
,
it
is
good
.
So
if
the
Sherife
attacheth
goods
,
and
taketh
bonds
for
them
.
And
it
seemeth
that
the
Statute
of
23.
H.
6
doth
make
voyd
onely
Obligations
made
by
prisoners
or
persons
arrested
,
(
or
made
by
any
other
)
for
the
inlargement
of
the
prisoner
,
or
person
arrested
.
CHAP.
97.
The
forme
of
a
Bond
for
appearance
NOuerint
vniuersi
per
praesentes
nos
B.C.
de
,
&c:
E.
F.
de
,
&c.
&
G.H.
de
,
&c.
teneri
&
firmiter
obligari
A.B.
Armig
'
,
Vicecom'
Com'
praed
,
in
xl
.
l.
&c.
soluend
eidem
Vice
comiti
aut
suocerto
attornato
,
execut'
siue
administ
'
suis
,
ad
quam
quidem
solutionem
,
&c.
(
as
in
other
Bonds
)
A
Condition
for
apparance
.
The
Condition
of
this
present
Obligation
is
such
,
That
if
the
aboue
bounden
B.C.
doe
appeare
coram
,
&c.
(
according
to
the
Writ
)
to
answer
to
I.D.
in
a
plea
of
Debt
,
(
or
Trespasse
,
as
the
Writ
is
)
That
then
,
&c.
Sealed
and
deliuered
to
the
vse
of
the
aboue
named
Sherife
,
in
the
presence
of
A.R.
and
T.S.
A
Condition
to
appeare
in
the
Starre-Chamber
.
The
Condition
of
this
present
Obligation
is
such
,
That
if
the
within
bounden
I.S.
doe
personally
appeare
before
the
Kings
Maiestie
,
and
his
most
honourable
Councell
,
in
the
Court
of
Starre-Chamber
at
Westminster
(
such
a
day
)
and
so
from
day
to
day
,
and
not
to
depart
without
licence
of
the
sayd
Court
,
That
then
,
&c.
A
Condition
for
appearance
at
the
Sessions
.
Conditio
,
&c.
Quod
si
infra
obligatus
I.S.
in
propria
persona
sua
compareat
ad
proxim'
Session'
Iustic'
Pacis
in
Com'
C.
post
Festum
,
&c.
proxime
futur'
tenend
,
ad
respond
Domino
Regi
de
diuersis
offensis
vnde
indictatus
est
:
Quod
tunc
,
&c.
A
Condition
to
appeare
in
the
Common
place
vpon
an
Exigent
.
Conditio
,
&c.
Quod
si
I.
S.
de
,
&c.
in
propria
persona
sua
compareat
,
coram
Iustic'
Domini
Regis
apud
Westm'
a
die
Sancti
Michaelis
,
in
tres
septimanas
proxim'
futur'
,
post
datum
infrascript'
,
ad
respond
R.W.
in
placito
debiti
secund
formam
,
vim
,
&
effectum
cuiusdam
breuis
de
exigend
infranom'
Vicecom'
direct'
.
Quod
tunc
,
&c.
CHAP.
98.
Their
attendance
vpon
the
Iudges
of
Assise
,
&c.
1
VPon
a
Precept
from
the
Iudges
of
Assise
,
&c.
the
Sherife
is
to
summon
the
Assises
,
&c.
and
to
returne
the
same
.
2
The
High-Sherife
is
personally
to
attend
vpon
the
Iudges
in
their
Circuits
,
for
the
executing
of
their
Precepts
and
Commandements
,
and
to
take
charge
of
all
prisoners
in
the
Gaole
,
and
for
the
execution
of
Felons
condemned
to
die
,
(
which
sentence
he
must
see
executed
)
and
for
inflicting
punishment
vpon
other
offendors
,
according
to
his
office
.
3
He
is
to
make
and
deliuer
(
at
euerie
Assises
)
to
the
said
Iudges
,
a
Kalender
of
the
names
of
all
the
prisoners
which
are
or
were
in
their
custodie
for
Felonie
,
(
or
otherwise
)
with
the
cause
of
their
commitment
,
and
by
whom
they
were
committed
,
and
by
whome
any
are
bayled
,
sub
poena
v.
l.
And
withall
,
the
Sherife
is
to
make
and
to
deliuer
to
the
said
Iudges
,
a
Kalender
of
the
names
of
all
the
Iustices
of
peace
,
Coroners
,
Stewards
,
or
Baylifes
of
Liberties
,
and
Baylifes
of
Hundreds
,
Also
all
Baylifes
,
and
other
Ministers
of
any
Franchise
,
&c.
must
be
attendant
to
the
Iudges
of
Assise
,
&c.
And
the
Iudges
of
Assise
may
fine
the
High-Sherife
,
&
other
the
said
Officers
,
if
they
faile
either
in
their
attendance
,
or
for
any
other
negligence
,
misbehauiour
,
or
misdemeanor
in
their
office
,
before
them
.
The
Iustices
assigned
to
heare
and
determine
Felonies
,
may
award
their
Processe
to
the
Sherifes
of
any
other
Countie
,
where
a
prisoner
indicted
before
them
of
felonie
is
dwelling
,
to
apprehend
him
,
&
the
sherif
of
such
other
county
is
duly
to
execute
the
same
processe
.
Note
that
the
Sherife
may
not
stay
or
delay
the
execution
of
any
prisoner
condemned
to
die
,
without
the
commandement
of
the
Iudges
.
CHAP.
99.
The
Sherife
is
to
assist
,
&c.
Iustices
of
Peace
.
1
IN
some
cases
the
Sherife
is
to
ioyne
with
the
Iustices
of
Peace
.
As
first
for
the
suppressing
of
Riots
,
Routs
,
and
vnlawfull
assemblies
,
For
the
arresting
and
imprisoning
of
the
Offenders
.
For
the
Recording
of
the
Riot
.
And
for
enquiry
thereof
according
to
the
Statutes
.
2
If
the
truth
of
the
Riot
can
not
be
found
out
vpon
this
enquiry
,
then
within
one
moneth
the
Sherife
is
to
ioyne
with
the
Iustices
in
a
certificat
of
the
fact
and
circumstances
,
&c.
into
the
Kings
Bench
,
or
,
&c.
If
the
truth
be
not
found
by
reason
of
any
maintenance
,
they
are
to
make
another
certificat
of
the
maintainers
,
and
of
their
names
and
misdemeanors
,
Plus
hic
cap.
4.
3
The
Sherife
,
also
is
to
attend
goe
with
,
and
to
assist
the
Iustices
of
Peace
,
for
the
arresting
of
such
as
make
any
forcible
Entrie
or
Deteiner
of
possession
;
and
for
the
remoouing
of
the
force
,
and
of
the
offenders
.
4
The
Sherife
must
make
due
execution
of
the
precepts
of
the
Iustices
of
Peace
,
for
the
returning
of
Iuries
before
them
,
to
enquire
of
forcible
Entries
,
or
Riots
,
&c.
sub
poena
twentie
pounds
.
The
Sherife
also
must
duely
execute
all
other
precepts
and
lawfull
warrants
directed
to
him
from
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
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
,
They
are
also
to
execute
the
Precepts
of
Commissioners
of
Bankrupts
hic
cap.
94.
They
are
to
returne
a
Iury
before
Commissioners
assigned
to
take
an
account
,
They
are
to
execute
the
precepts
of
Commissioners
for
the
Subsedy
,
They
are
to
returne
Iuries
for
Enquirie
,
before
Escheators
,
They
are
to
returne
Iuries
for
Enquiry
,
before
Coroners
,
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.
Sherifes
being
required
,
are
to
ayde
the
Ordinary
and
Commissary
for
suppressing
of
Heresies
,
called
Lollardies
.
Now
concerning
these
Lollards
,
the
Statutes
made
against
them
are
not
only
repealed
;
but
the
persons
so
called
,
were
indeed
true
Christians
.
But
without
the
Kings
speciall
Writ
,
the
Sherife
now
may
not
cause
any
man
to
be
burned
for
Heresie
,
notwithstanding
any
warrant
from
the
Bishop
to
him
directed
for
such
purpose
.
CHAP.
102.
Proclamation
to
be
made
by
the
Sherife
.
EVery
Sherife
ought
in
person
4.
times
in
euery
yeare
,
within
euery
his
Hundreds
,
to
proclaime
the
statute
of
Winchester
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
.
They
shall
proclaime
foure
times
in
the
yeare
in
euery
market
,
the
statute
made
against
vnlawfull
games
,
and
for
the
maintenance
of
Archery
.
But
none
of
these
three
former
statutes
for
the
Proclamations
are
in
vse
now
as
it
seemeth
.
The
rates
of
wages
Hawkes
The
Summons
Vpon
a
Writ
de
Excom'
Capiendo
,
Vpon
Indictments
In
cases
of
Riots
hic
cap.
92.
Hee
is
also
to
make
Proclamation
,
That
all
that
will
be
present
to
assesse
the
fees
and
wages
of
the
Knights
,
&c.
ibid.
In
a
Writ
of
Admeasurement
(
of
Dower
or
Pasture
)
the
Sherife
vpon
the
Grand
distresse
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
,
All
persons
of
the
age
of
xij
.
yeares
,
or
aboue
,
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
,
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
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
Vic'
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
,
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
,
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
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
,
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
,
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
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
.
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
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
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.
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
,
Distring
'
goeth
out
.
Or
the
defendant
may
put
in
two
Pledges
or
Sureties
for
his
appearance
at
the
next
Court
(
and
so
Repleuy
his
goods
,
)
and
then
vpon
his
default
,
hee
and
his
sureties
shall
be
amerced
,
&c.
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
.
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
of
twelue
men
.
If
the
matter
be
found
against
the
defendant
,
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
,
&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
.
Where
a
Iusticies
shall
be
sued
before
the
Sherife
onely
,
and
What
Writs
be
Viscontiel
,
(
scz
.
triable
in
the
County
or
Sherifes
Court
.
-
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
.
-
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
.
WHeresoeuer
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
,
But
the
Sherife
(
or
baylife
,
&c.
)
must
first
come
to
the
place
where
the
cattel
,
&c.
are
deteyned
,
and
to
demand
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
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
.
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
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
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
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
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
summoned
,
&
making
default
,
they
shall
be
amerced
,
if
there
appears
not
enough
to
serue
vpon
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
quantity
&
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
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
;
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.
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
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
,
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
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
,
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
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
committed
.
iiij
.
d.
-
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
Venire
facias
.
xij
.
d
.
-
Of
an
Habeas
corpus
.
ijs
.
iiij.d
.
-
Of
a
Distringas
.
ijs
.
iiij.d
.
-
Of
a
Recordare
ij.s.
-
Of
an
Accedas
ad
curiam
.
ij.s.
-
Of
a
Distring
'
nuper
vicecom
'
.
ij
.
s.
-
Of
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
.
For
Executing
,
&c.
-
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
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.
Their
Accounts
.
But
now
in
Hillarie
Terme
next
after
,
they
are
out
of
their
Office
,
the
High-Sherife
or
Vnder-Sherife
of
most
Shires
,
are
sworne
to
yeeld
and
giue
a
iust
and
true
account
(
to
the
King
and
his
Officers
in
the
Exchequer
)
of
the
Kings
debts
which
they
shall
be
charged
withall
by
the
greene
Waxe
(
or
Estreats
out
)
of
the
Exchequer
;
and
of
all
Waifes
,
Estrays
,
and
Felons
goods
,
which
hapned
within
the
compasse
of
their
Office
;
and
of
all
other
profits
whatsoeuer
due
and
belonging
to
the
King
,
and
chargeable
by
them
to
answer
for
by
reason
of
their
Office
;
or
much
to
this
effect
:
but
for
that
the
formes
of
the
Recognisance
,
as
also
of
the
Oath
it selfe
,
doth
more
plainely
manifest
these
things
,
amongst
others
,
I
wil
here
set
them
downe
as
I
haue
receiued
them
.
The
forme
of
the
Recognisance
is
thus
:
Memorandum
qd'
A.B.
armiger
nominatus
vic'
com'
Cantabr'
&
Hunt'
C.D.
&
E.
F.
de
&c.
vener'
coram
Baron'
de
Scaccario
domin'
Regis
apud
Westm'
_____
die
_____
Anno
regni
dom'
Regis
nunc
Caroli
tertio
in
proprijs
personis
suis
&
recognouer'
se
debere
eidem
dom'
Regi
—
120.
li.
Sub
conditione
quod
si
praedict'
vic'
profra
sua
ad
hoc
Scaccar'
dom'
Regis
in
Crastin'
Clausi
Paschae
&
Sancti
Mich.
Archangel'
prox
.
futur'
de
exit'
balliuae
suae
faciend
.
fuerit
ad
tantas
denar'
summas
vel
meliores
quantas
aliquis
predecessor'
suor'
nuper
vic'
com'
pnd'
ad
praedict'
crastin'
,
in
aliquo
anno
,
quatuor
annor'
prox'
praeterit'
;
melius
fecerit
,
ac
eadem
profera
sic
faciend'
infra
mensem
quorumlibet
eorundem
festor'
Paschae
,
&
Sancti
Mich.
Archangel
.
domin'
Regi
nunc
ad
receptum
huius
Scaccarij
,
bene
&
fideliter
soluerit
.
Ac
etiam
si
idem
vic'
comparuerit
per
se
,
vel
per
Attornatum
suum
sufficien'
,
coram
Baron'
domin'
Regis
nunc
in
dicto
Scaccario
termino
Pascha
prox'
futur'
,
(
scilicet
)
ante
praedictum
mensem
Paschae
,
ad
faciend'
dom'
regi
fidelem
visum
compiti
sui
,
de
exit'
ballmae
suae
:
Et
huiusmodi
visum
ibidem
ante
eundem
mensem
Paschae
,
bene
&
fideliter
fecerit
,
&
de
omni
eo
quod
dicto
domin'
regi
super
visum
compiti
illius
deberi
contigerit
;
eidem
domino
regi
ante
tres
septimanas
Sanctae
Trinitatis
tunc
prox'
sequen'
,
bene
&
fideliter
fecerit
,
aut
seipsum
inde
aliter
erga
dictum
domin'
Regem
legittime
exonerauerit
&
acquietauerit
.
Ac
etiam
si
idem
vic'
coram
dictis
Baronibus
huius
Scaccarij
in
Quind
Sancti
Hillar'
quod
erit
in
anno
Dom'
1628.
personaliter
comparuerit
,
ad
reddend
dicto
domino
Regi
fidelem
compit'
de
exit'
&
profic'
balliuae
suae
,
ac
fidelem
compit'
praemissorum
eidem
Domino
Regi
fecerit
&
reddiderit
,
ac
de
omni
eo
quod
eidem
Domino
Regi
super
Compit'
ill'
deberi
contigerit
,
praefato
Domino
Regi
citra
Crastin'
Ascentionis
Dom'
tunc
prox'
sequen'
bene
&
fideliter
satisfacerit
,
aut
seipsum
inde
aliter
legitime
exonerauerit
&
acquietauerit
:
Ac
etiam
de
omnibus
bonis
&
catallis
,
ac
de
exit'
,
terr'
&
tenement'
folonum
fugitiuorum
,
felon'
de
se
,
&
in
exigend
posit'
condemnat'
&
vtlagat'
;
necnon
de
alijs
quibuscunque
Domino
Regi
,
ratione
Praerogatiuae
,
seu
Regiae
suae
siue
alit'
quoquo
modo
pertinen'
,
quae
ad
manus
ipsius
Vic'
,
aut
eius
sub-Vic'
,
vel
Balliuor'
aut
alior'
Officior'
aut
Ministrator'
suorum
quorumcunque
,
si
quae
fuerint
tempore
,
quo
idem
A.
B.
fuerit
Vic'
Com'
praedict'
,
absque
aliquo
conceleamento
infra
idem
tempus
fecerit
reddiderit
.
Et
de
omni
eo
quod
eidem
Domino
Regi
super
finem
compiti
illius
deberi
contigerit
:
Dicto
Domino
Regi
bene
&
fideliter
,
in
forma
praedict'
satisfacerit
.
Ac
si
praedict'
Vic'
,
Attorn'
,
siue
deputat'
suum
,
habilem
&
sufficientem
in
Curia
hic
eadem
Curia
seden'
habuerit
&
assignauerit
,
qui
eidem
Curiae
de
tempore
in
tempus
attendet
ad
recipiend
:
&
retornand'
breuia
&
mandata
eiusdem
Cur'
iuxta
formam
Statuti
inde
editi
&
prouisi
.
Quod
tunc
praedict'
Recogn'
pro
nullo
habeatur
,
alioquin
in
suo
pleno
robore
permanere
&
effectu
.
The
forme
of
the
Oath
of
a
Sherife
for
the
passing
of
his
account
.
You
shal
sweare
that
you
shall
yeald
vnto
the
Kings
Maiestie
that
now
is
,
a
true
and
lawfull
account
of
the
issues
and
profits
of
your
said
Office
of
Sherifealtie
in
his
Maiesties
Counties
of
Cambridge
and
Huntingdon
,
due
vnto
his
Maiestie
from
the
Feast
of
Saint
Michael
the
Archangell
,
in
the
second
yeare
of
his
Maiesties
raigne
,
vntill
the
same
Feast
now
last
past
,
(
which
is
for
one
whole
yeare
)
and
in
the
same
account
you
shall
make
true
answere
of
all
Felons
goods
,
outlawed
mens
goods
,
attainted
mens
goods
,
Waifs
,
Estrayes
,
&
all
other
profits
whatsoeuer
which
hath
come
to
your
hands
,
your
Vnder-sherifes
hands
,
or
any
of
your
Baylifes
,
Officers
,
or
Ministers
hands
,
by
reason
of
your
said
Office
.
And
in
the
same
account
you
shall
charge
your selfe
with
all
summes
of
mony
,
as
you
,
your
Vnder-sherife
,
or
any
of
your
bailifes
or
Officers
for
you
haue
leuied
,
or
lawfully
might
haue
leuied
to
his
Maiesties
vse
.
And
in
the
same
account
you
shall
make
no
petition
,
aske
no
allowance
nor
discharge
,
but
such
as
shall
be
good
and
true
;
and
that
you
deliuer
a
true
declaration
of
your
Viscountiels
,
declaring
of
whome
,
and
where
you
doe
receiue
,
and
wherefore
all
such
summes
of
money
contained
in
the
same
.
And
well
and
truly
behaue
your self
in
yeelding
the
same
account
,
as
a
true
accountant
ought
to
do
without
omission
or
concealement
.
So
help
you
God
.
Now
by
an
old
Statute
of
1.
Edw.
3.
cap.
4.
the
account
of
Sherifes
and
other
such
Ministers
shall
be
after
the
points
of
their
Oath
.
And
yet
by
some
opinions
the
Sherife
is
not
accountable
for
goods
of
Felons
,
Fugitiues
,
and
the
like
,
saue
in
a
grosse
summe
for
the
farme
of
the
profits
of
the
Countie
.
Neither
is
the
Sherife
accountable
for
other
the
profits
of
the
Countie
,
(
which
runne
vnder
the
name
of
Viscountiels
)
saue
in
a
sum
in
grosse
for
the
farme
of
the
profits
of
the
County
.
Now
what
the
profits
of
the
Countie
be
,
see
hic
cap.
3.
&
9.
If
any
Fines
or
Amerciaments
called
Mulctae
,
be
set
or
assessed
in
any
of
the
Kings
Courts
,
vpon
any
man
;
or
if
any
arrerages
or
accounts
called
Reliqua
,
of
such
things
that
is
of
Customes
,
Taxes
,
Subsidyes
,
Tenths
,
and
Quinzimes
,
and
the
like
,
be
,
(
and
be
estreated
out
of
the
Exchequer
to
the
Sherife
)
the
Sherife
of
the
Shire
is
to
gather
vp
the
same
,
and
is
accountable
therefore
in
the
Exchequer
.
But
for
the
ordinarie
rents
of
the
Kings
lands
,
and
most
commonly
for
the
Taxes
,
Subsidyes
,
Customes
,
Tenths
,
and
Quinzimes
,
there
be
particular
Collectors
and
Receiuers
,
which
do
gather
vp
,
and
answer
the
same
into
the
Exchequer
.
What
other
things
Sherifes
shall
be
accomptable
for
,
appeareth
in
part
here
before
,
Cap.
3.7.9
,
10
,
11
,
12
,
13
,
&c.
ad
cap.
20.
&
76.
And
wheresoeuer
the
Sherife
(
vpon
processe
out
of
the
Eschequer
,
or
without
proces
)
shall
leuy
,
take
,
seise
,
or
gather
vp
any
debt
,
or
other
duty
,
or
profit
,
due
to
the
King
,
he
is
accomptable
or
chargeable
for
the
same
.
Yet
Sherifes
shall
not
be
accomptable
,
but
onely
for
their
owne
times
,
Quaere
.
Euery
Sherife
(
by
himselfe
,
his
atturny
,
or
deputy
)
shall
bee
sworne
at
his
day
of
prefixion
,
to
bring
and
deliuer
into
the
Eschequer
,
Rolls
of
parchment
of
all
such
particular
sums
of
money
,
which
he
hath
,
or
might
haue
leuyed
,
making
mention
of
what
person
,
of
what
lands
,
and
for
what
cause
,
any
of
the
said
summes
be
.
If
the
Sher●fe
(
or
his
Officers
)
shall
gather
the
Kings
rents
,
or
shall
leuy
the
Kings
debts
or
other
duties
,
and
shall
not
accompt
for
the
same
in
the
Eschequer
,
the
Sher
fe
is
liable
both
to
the
King
and
to
the
action
of
the
partie
grieued
;
besides
the
danger
of
his
oath
.
If
the
Sherife
shall
seise
the
goods
of
one
that
is
outlawed
(
or
for
any
other
cause
,
)
and
shall
not
vpon
his
account
answer
the
King
for
the
same
,
hee
is
chargeable
both
to
the
King
,
and
party
,
&c.
For
note
that
the
Sherife
(
in
an
action
of
trespasse
,
&c.
brought
against
him
by
the
owner
of
those
goods
)
must
plead
that
he
hath
accounted
for
them
.
Note
also
that
the
High
Sherife
is
accomptable
to
the
King
,
for
all
things
belonging
to
the
office
of
the
Sherife
,
and
the
Vndersherife
is
accomptable
to
the
High
Sherife
.
The
manner
of
the
Sherifes
account
,
see
in
Master
Wilkinson
of
the
office
of
Sherifes
,
fol.
36.
37.
For
the
ordinary
charges
of
the
passing
of
their
accompt
,
See
ibid.
fol.
38.
39.
40.
&
41.
None
of
the
Sherifes
of
the
Counties
of
Surrey
and
Sussex
,
Essex
and
Hereford
,
Sommerset
and
Dorset
,
Warwicke
and
Leicester
,
Nottingham
and
Derby
,
or
Oxford
and
Berksh
.
(
besometimes
ioyned
)
shall
pay
in
any
Court
of
Record
,
for
any
duely
belonging
properly
to
the
Office
of
a
Sherife
,
any
orher
fees
or
charges
,
than
only
the
one
halfe
of
the
charges
and
fees
which
he
should
haue
paid
if
hee
had
beene
Sherife
of
two
of
the
said
shires
,
as
formerly
was
vsed
:
And
their
charges
and
rewards
,
&c.
shall
bee
diuided
.
By
the
Statute
of
5.
R.
2.
cap.
11.
the
accompts
in
the
Eschequer
shall
bee
more
speedily
heard
,
made
,
and
ingrossed
,
than
they
were
woont
,
&c.
Before
the
Sherife
come
to
his
accompt
,
(
or
Opposals
before
the
forreine
Opposer
)
let
him
be
carefull
,
fully
and
truely
to
learne
which
are
good
debts
,
and
which
are
not
,
and
which
are
within
Liberties
,
and
which
are
not
:
For
with
the
forrein
Opposer
,
the
Sherife
must
either
Tot
,
Nihil
,
or
set
ouer
into
Liberties
,
all
the
debts
&
sums
of
mony
con●eined
in
the
summons
of
the
greene
waxe
,
and
in
the
Extracts
of
the
peace
of
the
County
where
he
was
sherife
;
and
therefore
hauing
first
learned
which
be
good
debts
and
which
not
,
and
which
be
within
Liberties
,
and
which
not
,
he
may
make
his
booke
of
all
his
charge
accordingly
.
What
allowances
they
shall
haue
vpon
their
Account
.
All
Sherifes
shall
haue
such
tailes
of
Reward
,
and
other
allowances
as
they
haue
heretofore
had
.
Also
they
shall
bee
discharged
vpon
their
accounts
(
in
the
Eschequer
)
vpon
oath
,
of
such
summes
of
money
which
they
cannot
leuy
.
See
the
Statute
2.
&
3.
Ed.
6.
cap.
4.
Sherifes
shall
haue
allowance
by
there
oath
,
of
the
issues
of
their
Countie
.
They
shall
haue
allowance
vpon
their
accounts
,
by
their
oaths
,
of
things
casuall
;
but
not
of
such
things
as
remaine
in
yearly
farmes
,
or
yearely
demands
.
If
an
accountant
(
being
Nichilled
)
will
sweare
that
hee
oweth
nothing
to
the
King
,
he
shall
be
therupon
discharged
.
Statute
5.
R.
2.
cap.
13.
Sherifes
vpon
petition
,
and
bills
brought
in
vpon
oath
,
shall
haue
allowance
for
their
charges
and
expences
which
they
sustaine
by
the
Dyet
of
the
Iustices
of
Assise
,
and
other
meanes
&c.
Sherifes
also
shal
haue
allowance
for
their
charges
or
wages
of
the
Iustices
of
Peace
at
their
quarter
Sessions
;
but
the
Sherifes
allowance
herein
is
but
foure
shillings
a
day
a
peece
for
eight
Iustices
.
Note
that
all
fines
,
amerciaments
,
issues
,
forfeitures
,
and
penalties
whatsoeuer
arising
before
the
Iustices
of
peace
at
their
Sessions
,
are
to
be
estreated
by
the
Clarke
of
the
Peace
(
out
of
the
records
of
the
Iustices
)
and
to
bee
indented
by
him
,
and
then
to
bee
deliuered
one
part
to
the
Sherife
to
leuy
the
same
thereby
,
and
the
other
part
to
bee
certified
to
the
Barons
of
the
Exchequer
:
And
the
Sherife
is
accountable
for
the
same
in
the
Exchequer
,
vpon
those
estreats
so
certified
into
the
Exchequer
;
and
so
in
many
places
the
Sherife
payes
them
to
the
King
,
and
neuer
hath
them
againe
nor
any
allowance
,
(
saue
onely
foure
shillings
a
day
a
peece
for
eight
Iustices
vt
supra
)
and
the
surplusage
is
in
many
Counties
pursed
vp
by
the
Clarkes
of
the
peace
,
who
receiues
all
the
fines
,
and
thereout
payeth
(
or
might
pay
)
the
Iustices
wages
and
then
deliuer
the
resident
the
Sherife
,
and
should
make
his
estreats
accordingly
.
The
course
of
the
Eschequer
is
said
to
be
thus
,
scz
.
that
so
soone
as
a
sherife
hath
entred
into
his
account
for
issues
,
amerciaments
,
or
meane
profits
for
intrusions
,
and
alienations
without
licence
,
to
marke
vpon
his
head
.
O
,
Ni
,
which
is
asmuch
as
,
Oneratur
Nisi
habeat
sufficientem
exonerationem
,
&c.
and
presently
the
sherife
is
thereby
become
the
Kings
debtor
,
and
a
debet
set
vpon
his
head
.
And
so
soone
as
the
sherife
is
become
the
Kings
debtor
of
record
vt
supra
,
the
other
parties
are
also
presently
become
debtors
to
the
sherife
;
And
the
sherife
in
that
case
shall
cause
the
debt
to
be
leuied
against
those
particular
persons
by
a
Constat
.
But
where
the
King
by
Parliament
shal
pardon
all
Issues
,
Amerciaments
,
and
Intrusions
,
&c.
if
the
Sherife
after
such
pardon
shall
enter
into
his
account
,
without
taking
aduantage
of
the
Pardon
,
here
the
Sherife
is
chargeable
to
the
King
by
his
owne
follie
,
and
the
particular
persons
are
at
libertie
,
and
shall
haue
aduantage
of
the
Pardon
,
&c.
Amongst
other
things
it
is
behoofefull
for
Sherifes
and
Vnder-Sherifes
,
vpon
the
making
of
their
accounts
,
to
haue
a
speciall
care
of
their
Totting
&
Nichilling
,
(
scz
.
What
they
Tott
or
charge
,
and
what
they
Nichil
or
discharge
)
and
that
they
charge
or
discharge
men
orderly
,
honestly
,
and
with
vnderstanding
;
for
what
they
Tott
or
charge
,
though
it
can
ne●er
be
leuied
,
yet
it
will
hardly
bee
auoyded
,
but
it
must
be
paid
;
and
if
it
be
Nichilled
,
if
it
be
Issues
of
Iurors
,
though
they
bee
neuer
so
bad
,
and
cannot
be
leuied
betweene
the
old
Sherife
which
returned
them
,
and
the
new
Sherife
which
Nichilled
them
;
they
must
be
paid
though
it
be
seuen
yeares
after
,
if
there
come
no
pardon
in
the
meane
time
.
The
Sherifes
discharge
.
Where
they
shall
be
discharged
vpon
their
accompt
and
oath
of
such
summes
as
they
can
not
leuy
.
See
antea
.
Sherifes
hauing
here
Quietus
est
.
they
,
their
heires
,
executors
and
administrators
,
and
their
lands
,
tenements
,
goods
and
chattells
,
shall
be
absolutely
discharged
of
their
accompts
(
scz
.
of
all
manner
of
summe
or
summes
of
money
,
which
they
shall
haue
leuied
or
receiued
,
and
shall
be
pretended
not
to
be
accompted
for
,
&c.
)
vnlesse
such
Sherife
shall
be
called
in
question
for
the
same
within
foure
yeares
after
the
time
of
their
accompt
and
Quietus
est
.
Stat.
21.
Iacobi
cap.
5.
And
euery
Officer
that
shall
send
out
any
Proces
,
or
by
whose
default
any
Proces
shall
be
sent
out
contrary
to
the
said
Statute
,
shall
for
euery
such
offence
forfeit
to
the
party
grieued
40.
l.
and
besides
shall
pay
costs
and
dammages
,
&c.
ibid.
CHAP.
126.
The
principall
matters
wherein
there
is
any
great
danger
to
Sherifes
.
IF
any
Sherifes
shall
exercise
his
Office
,
before
he
hath
taken
his
oathes
,
(
scz
.
to
the
Supremacy
,
and
for
the
due
Execution
of
his
Office
)
he
is
punishable
in
the
Starre-chamber
.
So
if
he
shall
not
performe
his
oath
concerning
his
Office
.
He
must
put
in
sureties
by
Recog'
in
the
Eschequer
before
he
exerciseth
his
office
,
sub
poena
,
C.l.
He
may
not
abide
in
his
Office
aboue
one
yeare
,
sub
poena
.
200.l
.
Hee
may
not
be
in
that
Office
againe
within
three
yeares
,
sub
poena
,
200.l
.
He
may
not
let
to
farme
his
County
,
&c
,
nor
his
Office
in
any
manner
,
sub
poena
40.l
.
He
must
appoint
Deputies
in
the
Courts
at
Westminster
,
before
heare-turnes
any
Writ
,
sub
poena
40.l
.
He
must
appoint
Deputies
(
foure
at
least
)
to
make
Repleuies
in
the
country
,
sub
poena
for
euerie
moneth
,
5.
pound
.
Vpon
an
escape
of
a
felon
voluntarily
suffered
by
his
Gaoler
,
the
Sherife
may
be
indicted
of
felony
.
(
Quaere
tamen
)
but
at
least
it
seemeth
the
Shemay
bee
fined
to
the
value
of
his
goods
.
Also
for
a
negligent
escape
he
may
be
fined
.
If
he
shall
bayle
a
prisoner
who
is
in
for
felony
(
except
it
be
by
speciall
Writ
)
it
is
felony
.
If
he
shall
conceale
any
felony
done
within
his
County
,
hee
shall
haue
one
yeares
imprisonment
,
and
bee
fined
at
the
Kings
pleasure
.
Vpon
an
escape
of
one
taken
in
execution
for
debt
or
dammages
,
hee
is
chargeable
for
the
whole
.
If
an
accomptant
committed
to
prison
by
Auditors
,
be
bayled
,
or
suffered
to
goe
at
large
,
without
consent
of
the
Master
,
the
Sherife
is
chargeable
for
the
whole
debt
.
If
the
Accomptant
be
brought
to
the
Gaole
by
the
Auditors
,
and
the
Gaoler
will
not
receiue
him
,
whereby
he
escapeth
,
the
Gaoler
or
Sherife
is
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
.
So
if
(
for
any
reward
)
they
shew
fauour
to
any
person
arrested
.
So
if
they
take
any
fees
contrary
to
the
statute
.
So
if
they
deteine
any
prisoner
being
bayleable
,
after
sufficient
Sureties
offered
.
So
if
they
bayle
any
prisoner
which
is
not
bayleable
;
the
Sherife
for
euery
of
these
shall
forfeit
40.l
.
They
ought
to
array
their
Pannells
for
the
Assises
,
sixe
dayes
before
,
sub
poena
40.
l.
They
must
deliuer
copies
of
such
Pannells
as
they
returne
for
Trialls
,
to
each
party
demanding
the
same
,
sub
poena
40.
l.
They
must
returne
Pannells
,
as
they
shall
be
reformed
by
the
Iustices
,
sub
poena
20.l
.
They
must
returne
none
of
their
seruants
or
Officers
vpon
any
Iury
,
sub
poena
to
pay
treble
dammages
and
40.l
.
They
must
returne
sufficient
Iurors
to
enquire
of
Riots
,
&c.
sub
poena
20.l
.
They
must
returne
due
Issues
vpon
euerie
Iuror
,
sub
poena
20.
li.
in
some
Cases
,
and
in
some
Cases
40.
li.
If
they
make
a
false
Returne
vpon
a
Capias
Excom
'
they
forfeit
,
40.
li.
The
Sherife
hath
been
amercied
at
fiftie
markes
for
his
false
returne
of
an
Exigent
.
The
Sherife
fined
at
40.
l.
for
not
returning
an
Habeas
Corpora
Iurator
'
.
Sherifes
not
returning
,
false
returning
,
or
misreturning
of
any
Writ
,
shal
pay
such
fine
or
amerciament
as
shall
be
assessed
by
the
Iustices
.
So
if
the
Sherife
returneth
a
Writ
,
without
setting
his
name
thereto
.
Sherifes
not
making
due
election
of
Knights
for
the
Parliament
;
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
,
They
may
leuy
no
debt
So
if
they
shall
leuy
any
duty
for
the
King
,
or
for
any
subiect
,
without
warrant
,
and
shall
after
conuert
it
to
their
owne
vse
,
&c.
They
must
execute
the
Writ
directed
to
them
(
vpon
the
Statute
of
31.
H.
6.
cap.
9.
)
for
inforcing
Women
to
enter
bonds
,
sub
poena
300.l
.
If
any
Subiects
Cater
shall
take
any
goods
,
or
carriage
against
the
will
of
the
owner
,
the
Sherife
vpon
request
,
must
ayde
the
owner
,
sub
poena
20.
l.
They
must
ioyne
with
the
Iustices
in
certifying
the
names
of
the
maintainers
,
&c.
by
whose
meanes
the
truth
of
the
riot
cannot
be
found
,
sub
poena
20.l
.
They
must
make
due
execution
of
the
Iustices
warrant
for
returning
of
Iuries
,
to
enquire
of
forcible
Entries
,
or
Riots
,
&c.
sub
poena
20.l
.
They
are
to
execute
the
Proces
of
the
Iustices
of
Peace
,
granted
out
against
seruants
departing
into
other
shieres
,
sub
poena
20.l
.
Indictments
taken
in
their
Turne
,
they
must
certifie
at
the
next
Sessions
of
the
Peace
,
sub
poena
40.l
.
They
must
not
arrest
any
person
,
nor
take
or
leuy
any
fine
or
amerciament
,
&c.
of
any
person
indicted
in
their
Turne
,
without
Proces
or
Estreats
from
the
Iustices
of
Peace
,
sub
poena
100.l
.
Sherifes
also
may
be
punished
in
the
Starre-chamber
for
diuers
of
these
their
former
misdoings
,
as
for
their
vntrue
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
.
Solo
Deo
gloria
.
Minimis
Deus
Magnus
.
FINIS
.