CHAPTER V.

OF HIS DUTY _i. e._ WHAT HE MUST OR SHALL DO OR NOT DO.

[Sidenote: Return of precept.]

Baily of a liberty must return his precept [to the sheriff]. _2 Keble_, 838.

Where the sheriff returned capias _quod mandavi ballivo de D. qui respondit quod cepit corpus, &c._ and hath not the body at the day, the bailiff is bound to bring in the body, and not the sheriff, by _Hill_; but by _Hank_ he ought to deliver it to the sheriff, and he to bring it in as officer immediate, as upon _fieri facias_ the sheriff commands the bailiff to levy the money, he delivers it to the sheriff, so that the sheriff may have it at the day: _contra_ _Thirn_, and agreed with _Hill_. _11 H. 4. 48_ _Br. Retorne de Briefe_, 35[40].

[Sidenote: Bail.]

By _W. 1. (3 E. 1.) c. 15._, such as be indicted of larceny, by inquests taken before sheriffs or bailiffs by their office, or of light suspicion, or for petty larceny which amounteth not above the value of 12d. if they be not guilty of other larceny before that time, or guilty of the receit of felons or of commandment or of force, or of aid of felony done, or guilty of some other trespass for which a man ought not to lose life or member, and a man appealed by the prover after the death of the prover, if they be not known common thieves, shall be let out by sufficient surety, whereof the sheriff will be answerable. And if sheriffs or others let go upon surety any that is not replevisable, if he be sheriff, constable, or other bailiff of fee, and who hath keeping of prisons, and thereof be attainted, he shall lose his fee and bailiwick for ever. And if undersheriff, &c. do it contrary to the will of his lord, he shall be imprisoned three years, and be fined at the Kings pleasure. And if any withhold prisoners replevisable after the prisoner hath offered sufficient surety he shall be in the grievous mercy of the King; and if he take reward for delivering him he shall render double to the prisoner, and moreover shall be in the grievous mercy of the King.

By _23 H. 6. c. 9._ Sheriffs, undersheriffs, bailiffs of franchises, &c. shall let out of prison all manner of persons by them arrested or being in their custody by force of any writ, bill or warrant in any action personal, or by cause of indictment of trespass, upon reasonable sureties of sufficient persons, having sufficient within the counties where such persons be so let to bail or mainprise, to keep their days in such place as the said writs, bills or warrants shall require: Such person or persons which shall be in their ward by condemnation, execution, capias _utlagat'_ or _excommunicatum_, surety of the peace, and all such persons which shall be committed to ward by special commandment of any justice, and vagabonds refusing to serve according to the form of the statute of labourers, only except. And that no sheriff, nor any of the officers or ministers aforesaid shall take or cause to be taken, or make any obligation for any cause aforesaid, or by colour of their office, but only to themselves, of any person, nor for any person which shall be in their ward by the course of the law, but by the name of their office, and upon condition written, that the said prisoners shall appear at the day contained in the said writ, bill or warrant, and in such places as the said writ, bill or warrant shall require. And if any of the said sheriffs, or other officers or ministers aforesaid, take any obligation in other form by colour of their offices, that it shall be void; and that he shall take no more for the making of any such obligation but 4d. (penalty, treble damages to the party grieved and 40l. half to the King and half to the party suing.) And justices of assises, of the bench and of the peace, to enquire, hear and determine, &c.

By _13 C. 2. st. 2. c. 2._ § 2., no person or persons who shall happen to be arrested by any sheriff, undersheriff, coroner, steward, or bailiff of any franchise or liberty, &c. by force or colour of any writ, bill or process issuing out of his majestys courts of the Kings Bench and Common Pleas, or either of them, in which said writ, bill or process, the certainty and true cause of action is not expressed particularly, and for which the defendant or defendants in such writ, bill or process named, is and are bailable by the statute in that behalf made in the three and twentieth year of the reign of the late King Henry the Sixth, shall be forced or compelled to give security, or to enter into bond with sureties, for the appearances of such person or persons so arrested, at the day and place in the said writ, bill or process specifyed or contained in any penalty or sum or sums of money exceeding the sum of forty pounds to be conditioned for such appearances; and all sheriffs and other officers and ministers aforesaid, shall let to bail and deliver out of prison, and from their and every of their custodies respectively, all and every person and persons whatsoever, by them or any of them arrested upon any such writ, bill or process wherein the certainty and true cause of action is not particularly expressed, upon security in the sum of forty pounds and no more, given for appearance of such person or persons so arrested unto the said sheriff or officer aforesaid, according to the said statute in the said three and twentieth year of the reign of the said late King Henry the Sixth in that behalf made and provided.

[Sidenote: Treatment of person arrested.]

By _32 G. 2. c. 28._ § 1., no sheriff, undersheriff, bailiff, serjeant at mace, or other officer or minister whatsoever, shall convey or carry, or cause to be conveyed or carried any person or persons by him or them arrested, or being in his or their custody by virtue or colour of any action, writ, process or attachment to any tavern, alehouse or other public victualling or drinking house, or to the private house of any such officer or minister, or of any tenant or relation of his, without the free and voluntary consent of the person or persons so arrested or in custody; nor charge any such person or persons with any sum of money for any wine, beer, ale, victuals, tobacco or any other liquor or things whatsoever, save what he, she or they shall call for, of his, her or their own free accord; nor shall cause or procure him, her or them to call or pay for any such liquor or things, except what he, she or they shall particularly and freely ask for; nor shall demand, take or receive, or cause to be demanded, taken or received directly or indirectly, any other or greater sum or sums of money than is or shall be by law allowed to be taken or demanded for any arrest or taking, or for detaining or waiting till the person or persons so arrested or in custody shall have given an appearance or bail, as the case shall require, or agreed with the person or persons at whose suit or prosecution he, she or they shall be taken or arrested, or until he, she or they shall be sent to the proper gaol belonging to the county, riding, division, city, town or place where such arrest or taking shall be; nor shall exact or take any reward, gratuity or money for keeping the person or persons so arrested or in custody out of the gaol or prison; nor shall carry any such person to any gaol or prison within four and twenty hours from the time of such arrest, unless such person or persons so arrested shall refuse to be carried to some safe and convenient dwelling-house of his, her or their own nomination or appointment within a city, borough, corporation or market-town, in case such person or persons shall be there arrested; or within three miles from the place where such arrest shall be made, if the same shall be not the house of the person arrested, and be within the county, riding, division or liberty in which the person under arrest was arrested; and then and in any such case, it shall be lawful to and for any such sheriff or other officer or minister to convey or carry the person or persons so arrested and refusing to be carried to such safe and convenient dwelling-house as aforesaid, to such gaol or prison as he, she or they may be sent to by virtue of the action, writ or process against him, her or them.

[Sidenote: Expences of persons arrested.]

By § 2., no sheriff, undersheriff, bailiff, serjeant at mace, or other officer or person, shall at any time or times hereafter take or receive any other or greater sum or sums for one or more nights lodging, or for a days diet, or other expences of any person or persons under arrest, on any writ, action, attachment, or process other than what shall be allowed as reasonable in such cases by some order or orders made by the justices of the peace at some general or quarter-sessions which shall be held for the county, riding, division, city, town or place where such arrest or taking shall be.

[Sidenote: Printed copy of clauses.]

By § 3., every sheriff, undersheriff, and bailiff of any liberty, &c. shall deliver a printed copy of the several clauses contained in this act relating to bailiffs, serjeants and other officers and persons who shall be employed under them respectively to execute any writ, process or attachment, or who shall arrest any person on any action which shall be entered or otherwise within their respective sheriffwicks or jurisdictions, to every such bailiff, serjeant, officer, and other person, and shall make it part of the condition of every security or bond which shall be given or made to any such sheriff or undersheriff, or bailiff of any liberty, by any bailiff, serjeant at mace, or other officer or person who shall be employed or intrusted to execute any such writ or process as aforesaid under him, them or any of them, that every such bailiff, serjeant at mace, or officer and other person respectively, shall and will shew and deliver a copy of the said clauses to every person he shall arrest by virtue of any process, action, writ or attachment, or under any warrant made out thereon, and carry or go with to any public or other house where any liquor shall be sold, and also shall and will permit every such person who shall be so arrested, or any friend of him or her to read over the same clauses, before any liquor, meat or victuals shall be at any such public or other house called for or brought to any such person who shall be so under arrest there; and in case any bailiff, serjeant at mace, or other officer or person shall in any respect offend in the premises, every such offence besides the breach of the condition of every such security bond, shall be accounted and deemed a misdemeanor in the execution of the process or action on which any such person was arrested, and shall be punishable as such by virtue of this act.

[Sidenote: Privilege of persons arrested in sending for necessaries.]

By § 4., every sheriff, undersheriff, bailiff of any liberty, gaoler and keeper of any prison or gaol, and other person and persons, to whose custody or keeping any one shall be arrested, taken, committed or charged in execution, by virtue of any writ, process, or action, or attachment, shall permit and suffer every such person and persons, during his, her and their respective continuance under arrest or in custody or in execution for any debt, damages, costs or contempt, at his, her and their free will and pleasure, to send for or have brought to him, her or them, at seasonable times in the day-time, any beer, ale, victuals or other necessary food, from what place he, she or they shall think fit, or can have the same; and also to have and use such bedding, linen or other necessary things, as he, she or they shall have occasion for and think fit, or shall be supplied with during his, her or their continuance under any such arrest or commitment, without purloining or detaining the same, or any part thereof, or inforcing or requiring him, her or them to pay for the having or using thereof, or putting any manner of restraint or difficulty upon him, her or them, in the using thereof, or relating thereto; and no such prisoner or prisoners shall pay any thing in respect thereof to any such sheriff, undersheriff, bailiff of any liberty, gaoler, keeper, or other person as aforesaid.

[Sidenote: Certificate of felons.]

By _3 H. 7. c. 3._ every sheriff, bailiff of franchise, and every other person having authority or power of keeping of gaol or of prisoners for felony, shall certify the names of every such prisoner in their keeping, and of every prisoner to them committed, &c. at the next general gaol-delivery in every county or franchise where any such gaol or gaols have been or shall be, there to be kalendered before the justices of the deliverance of the same gaol, upon pain to forfeit for every default an hundred shillings.

[Sidenote: Felons goods.]

By _1 R. 3. c. 3._ no sheriff, &c. nor bailiff of franchise shall take or seize the goods of any person arrested or imprisoned for suspicion of felony before that the same person be convicted or attainted of such felony according to law, or else the same goods otherwise lawfully forfeited; upon pain to forfeit double the value of the goods so taken, to him that is so hurt in that behalf.

[Sidenote: Return of jurors.]

By _W. 2. (13 E. 1.) c. 38._ In one assise no more shall be summoned than four and twenty; and old men, above three score and ten years, being continually sick, or being diseased at the time of the summons, or not dwelling in that county, shall not be put in juries or petty assises. Nor shall any be put in assises or juries though they ought to be taken in their own county who have less tenement than to the value of twenty shillings by the year. And if such assises and juries ought to be taken out of the county, none shall be put in them who hath less tenement than to the value of forty shillings by the year, those except who are witnesses in charters or other writings whose presence is necessary, so long as they are able to travel. Nor ought this statute to be extended to great assises in which sometimes it behoveth to put knights not resident in the county by reason of the scarcity of knights, so long as they have tenement in the county.

By _21 E. 1. st. 1._ no sheriff, _&c._ stewards or bailiffs of liberties shall put in any recognisances of juries, inquests, assises, and attaints, out of their proper counties to be made, any of their bailiwicks,[41] unless he have lands or tenements to the value of a hundred shillings by the year at least.

By the _Articuli super chartas_, _28 E. 1. c. 9._ no sheriff nor bailiff shall put in inquests nor in juries more people or others, or in other manner than is ordained by statute and shall put in such inquests and juries the most near, most sufficient and least suspicious.

By _42 E. 3. c. 11._ as to the return or answer of bailiffs of franchises they shall make their answer to the sheriffs six days before their session upon the pain of 20l. And in all manner of panels arrayed by sheriffs, or bailiffs within franchise, shall be put the most sufficient and worthy of faith and not suspected who have the best knowledge of the truth and [are] the most near.

By _11 H. 4. c. 9._ no indictment shall be made but by inquest of the Kings lawful liege people returned by the sheriffs or bailiffs of franchises, without any denomination to the said sheriffs or bailiffs of franchises before made by any person of the names which by him should be impanelled, except it be by the officers of the said sheriffs or bailiffs sworn and known to make the same.[42]

By _2 H. 5. st. 1. c. 8._ bailiffs of franchises shall cause to be impanelled sufficient persons [who have lands, _&c._ to the 'value' of 10l. a year, to inquire of riots before the Kings commissioners] upon pain to lose to the King 40l. in case such sufficient persons may be found within the same franchises.

By _2 H. 5. st. 2. c. 3._ no person shall be admitted to pass in any inquest upon trial of the death of a man, nor in any inquest betwixt party and party in plea real nor in plea personal, whereof the debt or the damage declared amounts to 40 marks, if the same person have not lands or tenements of the yearly value of 40s. above the reprises thereof.

By _6 H. 6. c. 2._ bailiffs of franchises shall make their returns or answer to the sheriffs in special assizes [_i. e._ as to panels between demandant and tenant] eight days before the session, upon pain of 40l.

By _8 H. 6. c. 9._ when the justices or justice [of the peace] make enquiries [of forcible entries], they shall make their warrants and precepts to the sheriff of the county, commanding him on the Kings behalf to cause to come before them sufficient and indifferent persons dwelling about the lands entered, to enquire of such entries, of whom every one who shall be impanelled to enquire in this behalf shall have land or tenement of the annual value of 40s. at least above reprises. And that the sheriff return issues upon every of them at the day of the first precept returnable 20s. and at the second day 40s. and at the third time 100s. and at every day after double. And if any sheriff or bailiff within a franchise having return of the Kings writ be slack and make not execution duly of the said precepts to him directed to make such enquiries, he shall forfeit to the King 20l. for every default and moreover shall make fine and ransom to the King.

By _15 H. 6. c. 5._ no sheriff, bailiff of franchise, or coroner in actions or writs of attaint of plea of land of the yearly value of 40s. or more, or action of detinue of deeds concerning lands or tenements of like value or more, or personal, whereof the judgement of the recovery shall extend to the sum of 40l. shall return or impanel in any inquisition or inquest, any persons but such as be inhabiting within his bailiwick, which have estate of fee simple, fee tail or freehold in lands and tenements of the yearly value of 20l. or more, nor shall return in the Kings court less issues in the said action of attaint than 40s. at the first writ of distress, and 100s. at the second writ of distress, and the double of every other writ of distress against the persons impaneled and returned to be sworn in the same actions (upon pain of 10l. to the King and 10l. to the plaintiffs. Remedy if there be not sufficient men in the franchise who have lands of the yearly value of 20l.)

By _23 H. 6. c. 9._ sheriffs, undersheriffs, bailiffs of franchises, nor any other bailiff, shall return upon any writ or precept to them directed for returning any inquests or any panels thereupon to be made, any bailiffs, officers, or servants to any of the officers aforesaid, in any panel by them to be made; nor shall take any thing by colour of his office for the making of any return or panel, and for the copy of any panel but 4d.

By _27 Eliz. c. 6._ § 1. in all cases where any jurors to be returned for trial of any issue joined in any of the Queens courts of Kings Bench, Common Pleas and the Exchequer, or before justices of assise ought to have estate of freehold in lands, &c. of the clear yearly value of 40s. the jurors shall every of them have estate of freehold in lands, _&c._ to the clear yearly value of 4l. at the least, (penalty on sheriff, _&c._ for returning that cannot dispend so much, 20l.)

By § 2. upon every first writ of _habeas corpora_ or _distringas_ with a _nisi prius_ delivered of record to the sheriff or other minister or ministers to whom the making of the return shall appertain, [such sheriff, _&c._] shall return in issues upon every person impanelled and returned upon any such writ at the least 10s. and at the second writ 20s. at the least, and at the third writ 30s. and upon every writ further double the issues last afore specified, until a full jury be sworn, or the process otherwise determined, upon pain of 5l.

By _27 Eliz. c. 7._ no bailiff of any liberty, nor any his or their deputy or deputies, shall of himself return any juror, or deliver to the sheriff, his undersheriff, deputy or deputies, the names of any persons to be returned upon any panel or jury, without the true addition certified under his or their hands to the sheriff, of the place of dwelling or abode of every person so to be returned at the time of the said return, or within one year next before the said return, or some other addition by which the party returned may be known.

By _4 & 5 W. & M. c. 24._ § 15. all jurors (other than strangers upon trials _per medietatem linguæ_) who are to be returned for trials of issues joined in any of the courts of Kings Bench, Common Pleas, or Exchequer, or before justices of assize, or _nisi prius_, _oyer and terminer_, gaol delivery, or general quarter-sessions of the peace in any county of the realm, shall have in their own names, or in trust for them within the same county, ten pounds by the year at least above reprizes, of freehold or copyhold lands or tenements, or of lands and tenements of ancient demesne, or in rents, in feesimple, feetail, or for the life of themselves or some other person; and that upon every writ of _venire facias_ the sheriff, coroner, and other ministers, unto whom the making of the panel shall appertain, shall not return in any such panel any person unless he then have 10l. by the year at least as aforesaid, in the same county where the issue is to be tried; upon pain to forfeit for every person, &c. the sum of 5l.

By § 16. no sheriff or bailiff of any liberty or franchise, or any of their ministers, shall return any such person or persons as aforesaid, to have been summoned by them, unless such person and persons shall have been duly summoned, by the space of six days at least before the day on which they ought to make their appearance; nor shall directly or indirectly take money or other reward to excuse the appearance, of any juror, by any of them to be summoned or returned, upon pain to forfeit for every such offence the sum of 10l. [Continued by _7 & 8 W. 3. c. 32._ _9 G. 1. c. 8._ § 2. EXP.]

By _7 & 8 W. 3. c. 32._ § 4. all constables, tything-men and headboroughs of towns in each county, or their deputies, shall yearly at the general quarter-sessions of the peace to be holden for each county, riding or division, in the week after the feast of St. Michael the arch-angel, upon the first day of the said sessions, or upon the first day that the said sessions shall be held by adjournment at any other particular division or place, return and give a true list in writing of the names and places of abode of all persons within the respective places for which they serve, qualifyed to serve upon juries, with their titles and additions, between the age of one and twenty and the age of 70 years, to the justices of the peace in open court; which said justices, or any two of them, at the said sessions, shall cause to be delivered a duplicate of the aforesaid returned list, by the clerks of the peace of every county or riding, to the sheriffs or their deputies, on or before the first day of January next following, and cause the said lists to be fairly entered into a book, by the clerk of the peace, to be by him provided and kept for that purpose, amongst the records of the said court of sessions; and no sheriff shall impanel or return any person or persons to try any of the issues joined in any of the courts [of K. B. C. P. or E.] or to be or serve in any jury at the assizes, sessions of _Oyer_ and _Terminer_, gaol delivery, or sessions of the peace that shall not be named or mentioned in the said list.

By § 5. every summons of any person qualifyed to any of the aforesaid services shall be made by the sheriff, his officer or lawful deputy, six days before at the least, shewing to every person so summoned the warrant under the seal of the office wherein they are nominated and appointed to serve; and in case any juror so to be summoned be absent from the usual place of his habitation at the time of such summons, notice of such summons shall be given by leaving a note in writing, under the hand of such officer, containing the contents thereof, at the dwelling-house of such juror, with some person there inhabiting the same[43]. [Made perpetual by _6 G. 2. c. 37._]

By _4 Ann. c. 16._ § 6. every _Venire facias_ for the trial of any issue in any action or suit in any of her Majestys courts of record at Westminster shall be awarded of the body of the proper county where such issue is triable. But

By § 7. nothing in this act contained shall extend to any writ, declaration or suit of appeal of felony or murder, or to any indictment or presentment of treason, felony or murder or other matter, or to any process upon any of them or to any writ, bill, action or information upon any penal statute.[44]

[Sidenote: View.]

By § 8. in any actions brought in any of her Majestys courts of record at Westminster, where it shall appear to the court that it will be proper and necessary that the jurors who are to try the issues in any such actions, should have the view of the messuages, lands or place in question, in order to their better understanding the evidence that will be given upon the trials of such issues, in every such case the respective courts in which such actions shall be depending, may order special writs of _Distringas_ or _Habeas corpora_ to issue, by which the sheriff or such other officer to whom the said writs shall be directed, shall be commanded to have six out of the first twelve of the jurors named in such writs, or some greater number of them, at the place in question some convenient time before the trial, who then and there shall have the matters in question shewn to them by two persons in the said writs named to be appointed by the court; and the said sheriff or other officer who is to execute the said writs shall by a special Retorn upon the same, certify that the view hath been had according to the command of the said writs.[45]

By _3 G. 2. c. 25._ § 2. duplicates of the lists [made according to _7 & 8 W. 3. c. 32._ _3 & 4 Ann. c. 18._ and this act] when delivered in at the quarter sessions of the peace, and entered in 'the' book to be kept by the clerk of the peace for that purpose, shall, during the continuance of such quarter-sessions, or within ten days after, be delivered or transmitted by the clerk of the peace to the sheriff of each county, or his undersheriff, in order for his returning of juries out of the said lists; and such sheriff or undersheriff shall immediately take care that the names of the persons contained in such duplicates shall be faithfully entered alphabetically, with their additions and places of abode, in some book or books to be kept by him or them for that purpose.

By § 4. no persons shall be returned as jurors to serve on trials at any assizes or _nisi prius_, or at the great sessions, or at the sessions for the counties palatine, who have served within the space of one year before in the county of Rutland, or four years in the county of York, or of two years before in any other county, not being a county of a city or town[46].

By § 5. the sheriff, undersheriff, or other officer to whom the return of juries shall belong, shall from time to time enter or register in a book to be kept for that purpose, the names of such persons as shall be summoned, and shall serve as jurors on trials at any assizes or _nisi prius_; or in the said courts of great sessions or sessions for the counties palatine, together with their additions and places of abode alphabetically, and also the times of their services; and every person so summoned, and attending or serving as aforesaid, shall (upon application by him made to such sheriff, undersheriff or other officer) have a certificate testifying such his attendance or service done, which certificate the said sheriff, _&c._ is to give without fee or reward; and the said book shall be transmitted by such sheriff, _&c._ to his successor from time to time.

By § 6. no sheriff, undersheriff, bailiff or other officer or person whatsoever shall directly or indirectly take or receive any money or other reward to excuse any person from serving or being summoned to serve on juries; and no bailiff or other officer appointed by any sheriff or undersheriff to summon juries, shall summon any person to serve thereon other than such whose name is specifyed in a mandate signed by such sheriff or undersheriff, and directed to such bailiff or other officer.

By § 8. every sheriff or other officer to whom the return of the _Venire facias juratores_, or other process for the trial of causes before justices of assize or _nisi prius_ in any county in England shall belong, shall, upon his return of every such writ of _Venire facias_ (unless in causes to be tried at bar, or in case where a special jury shall be struck by order or rule of court) annex a panel to the said writ, containing the christian [names] and surnames, additions and places of abode of a competent number of jurors named in such lists as qualified to serve on juries, the names of the same persons to be inserted in the panel annexed to every _venire facias_, for the trial of all issues at the same assizes in each county; which number of jurors shall not be less than 48 in any county, nor more than 72, without direction of the judges appointed to go the circuit and sit as judges of assize or _nisi prius_ in such county, or one of them.

By § 18. any person or persons having an estate in possession in land, in their own right, of the yearly value of 20l. or upwards, over and above the reserved rent payable thereout, such lands being held by lease or leases for the absolute term of 500 years or more, or for 99 years or any other term determinable on one or more life or lives, the names of such persons shall be inserted in the respective lists as aforesaid, in order to their being inserted in the freeholders book[47].

By § 20. the sheriffs or other officers to whom the returning of juries doth or shall belong, for any county, city or place, shall not impanel or return any person or persons to serve on any jury for the trial of any capital offence, who at the time of such return would not be qualifyed in such county, city or place, to serve as jurors in civil causes for that purpose. [Made perpetual by _6 G. 2. c. 37._ § 1.]

[Sidenote: Distress.]

By _51 H. 3. st. 4._ (_De Districtione Scaccarii_) When a sheriff or other the Kings bailiff doth take the beasts of another for the Kings debt, or any other cause, they to whom the beasts belong may feed them without disturbance so long as they be impounded, without giving any thing for their keeping. And the beasts, nor no other distress taken for the Kings debt, nor for any other cause be given, nor sold within fifteen days after the taking. And if any bring the tally of a payment made in the exchequer the distress shall cease. And if he bring the tally of any sheriff or bailiff of payment made to him of the thing demanded, and will find pledges to be at the exchequer at the next account, to do what shall be right, then the distress shall cease. But no man of religion nor other shall be distrained by his beasts that gain his land nor by his sheep, for the Kings debt or the debt of another, nor for any other cause, by the Kings bailiff nor by any other man, but until they can find another distress or other chattels sufficient whereof they may levy the debt or that is sufficient for the demand, except impounding of beasts when a man finds them doing damage according to the law and usage of the land. And that the distresses be reasonable after the amount of the debt or demand according to reason and not outrageous. Howbeit all sheriffs and bailiffs who have received the Kings debts of the summons of the exchequer, and have not acquitted the debtors thereof at their next account, shall be punished according to the statutes lately made.

[Sidenote: Replevin.]

By _Stat. de Marleberge_ _52 H. 3. c. 21._[48] if the beasts of any man be taken and wrongfully withholden, the sheriff after complaint made to him thereof, may deliver them without let or gainsaying of him that took the said beasts, if they were taken out of liberties. And if they were taken within liberties and the bailiffs of the liberty will not deliver them, then the sheriff for default of those bailiffs shall cause them to be delivered.

By _W. 1. c. 17._ if any take the beasts of others and cause them to be driven to a castle or fortress[49], and there within the close of such castle or fortress detain them against gage and pledge, after the beasts shall be solemnly demanded by the sheriff or by the Kings bailiff, at the suit of the plaintiff, the sheriff or bailiff taking with him the power of his county or of his bailiwick[50] shall assay to make the replevin of the beasts from him that took them or from his lord, or from others of the men of his lord whatsoever they be, found in the place where the beasts were chased; and if any deforce him of the deliverance of the beasts, or that no man be found for the lord, or for him that took them, to answer and make the deliverance after the lord or taker shall be admonished thereof by the sheriff or bailiff, if he be in the country or near or there whereas he may be conveniently warned by the taker or any other of his, to make deliverance, if he were out of the country when the taking was, and did not cause the beasts to be delivered incontinent, that the King for the trespass and despite shall cause the said castle or fortress to be beaten down without recovery; and it is to wit, that where the sheriff ought to return the Kings writ to the bailiff of the lord of the castle or fortress or other to whom the return belongeth, if the bailiff of the franchise will not make deliverance after that the sheriff hath made his return unto him, then shall the sheriff do his office without further delay as is aforesaid and upon the aforesaid pain; and in like manner, deliverance shall be made by attachment of plaint made without writ, and upon the same pain.

[Sidenote: Hue and cry.]

By _W. 1. c. 9._ all generally are to be ready and appareled at the commandment and summons of sheriffs, and at the cry of the country to pursue and arrest felons, when need shall be, as well within franchises as without. And if default be found in the lord of the franchise, the King shall take the franchise to himself; and if the default be in the bailiff he shall be imprisoned one year, and after be grievously fined, and if he hath not whereof to be fined he shall be imprisoned two years: And if sheriffs, coroners, or other bailiffs, within franchise or without, conceal or consent or procure to conceal the felonies done in their bailiwicks, or that they will not attach or arrest the misdoers where they can, _&c._ and be attainted thereof, they shall be imprisoned for one year and after be grievously fined, and if they have not whereof to be fined, shall be imprisoned for three years.

By _Stat. de Wynton_ _13 E. 1. st. 2. c. 6._ sheriffs and bailiffs within franchises and without, higher or lower, and that have any bailiwick or forestry in fee or otherwise are to take good heed that they follow the cry with the country, and that they have horses and armour to do it.

If bailiffs of liberties have come at the hue levyed according to this statute is one of the articles of inquiry thereupon. _34 E. 1. st. 2._

[Sidenote: Names to returns.]

By _12 E. 2. c. 5._ sheriffs and other bailiffs who receive the Kings writs returnable in his court shall put their proper names with their returns, so that the court may know of whom they took such returns if need be.

[Sidenote: Roberdesmen, &c.]

By _5 E. 3. c. 14._ if any man have suspicion of evil of roberdesmen, wastours and drawlatches, be it by night or day, they shall be incontinently arrested by the constables of the towns. And if they be arrested within franchises, they shall be delivered to the bailiffs of the franchises, and kept in prison till the coming of the justices assigned to deliver the gaols. And in the mean time the bailiffs of the franchises shall inquire of such arrests and at the coming of the justices return their inquests before them and that which they have found, and the causes of taking, with the bodies, and the justices shall proceed to the deliverance of those arrested according to the law. And in case bailiffs of franchises have not enquired of such arrests they shall be amerced.

[Sidenote: Decayed bridges.]

By _22 H. 8. c. 5._ § 5. the justices of peace of the shire, city or town corporate, within which any decayed bridges, or any part thereof, shall happen to be, shall have power to enquire, hear and determine all annoyances being within the limits of their commissions or authorities, and if the annoyance be presented, then to make process into every shire against such as owen to make or amend any such bridges. And all sheriffs and bailiffs of liberties and franchises shall truly serve and execute such process as shall come to their hands from the said justices of peace afore whom any presentment shall be had for any such annoyance, according to the tenour and effect of the said process to them directed, without favour, affection or corruption, upon pain to make such fine as shall be set upon them, or any of them, by the discretion of the said justices.

[Sidenote: Attendance on the justices.]

All lords that have franchises, or their bailiffs, shall attend upon the justices of assise and gaol delivery, upon pain of forfeiture of their franchises. _20 E. 4. 6._ _Br. Forfeiture de terres_, _&c._ 115.

By _27 H. 8. c. 24._ § 7. all stewards, bailiffs, and other ministers of any liberties or franchises which in times past have used or ought to attend upon the justices of assise, justices of gaol delivery, and justices of the peace at large in any county, shall be attendant to the justices of assise, justices of gaol delivery, and justices of peace of the same shires wherein such liberties and franchises be, and make due execution of all process to them to be directed, for ministration of justice within such liberties or franchises; and all such bailiffs or their deputies or deputy shall give their attendance and assistance upon the sheriff, together with the sheriff's bailiffs at all courts of gaol-delivery from time to time, for execution of prisoners according to justice.

[Sidenote: Inquiry at sessions.]

It was an article of inquiry at the sessions if the bailiffs of liberties and franchises had duly executed their office, which consists in three points _viz._ In due execution of the precepts to them sent, and in due returns to be made to the sheriff of those precepts, and that they took nothing for doing their office, except the fees to them assigned and due by course of law. _Fitz. Iust. P. fol. 28._ (_Crompton._ 49.)

And this inquiry was by virtue of _20 E. 3. c. 6._ whereby it is ordained, that the justices assigned to take assises shall have commissions sufficient to inquire in their sessions of sheriffs, escheators, bailiffs of franchises, and their under-ministers, &c. and of the gifts, rewards, and other profits, which the said ministers do take of the people to execute their office, and that which pertaineth to their office, and for making the array of panels, putting in the same suspect jurors and of evil fame, &c. and to punish all them which thereof shall be found guilty according as law and reason requireth, as well at the Kings suit as at the partys.

[Sidenote: Account.]

By _stat. de Scac._ _51 H. 3. st. 5._ § 1. all sheriffs, fermors, bailiffs of franchises, and other who ought to come to the profer in the exchequer the morrow of St. Michael and the morrow of the clause of Easter, to pay their farms, rents and issues which belong to the King, shall come at the aforesaid terms, and there bring in full the aforesaid farms, rents and issues, and pay them into the exchequer. And if any fail to pay fully what he ought to pay as before is said, his body to remain without departing till he have paid or made agreement. And he who shall not come at the aforesaid terms shall be amerced according to the usages of the exchequer. And at the same terms the sheriffs and bailiffs shall bring their monies, and shall pay into the exchequer what they have received at the summons of the exchequer and the other debts of the King, and of all the things aforesaid, shall be ready and prepared to make account.

By § 2. all the bailiffs of franchises who ought to levy the debts of the King, and shall be answerable to the sheriffs at their commandment according to the estreats of the summons of the exchequer, shall come and answer sufficiently. And those who shall not, their bodies shall remain in custody of the sheriffs; and the sheriffs, for their defaults, shall send to levy the debts by their own bailiffs wherever they can, as they have used to do in time passed. And if the bailiffs do not come to answer at the day, the sheriffs shall let them know, the sheriffs shall enter into the franchise, and cause the debts to be levyed by their own bailiffs.

By § 7. when a sheriff or bailiff hath begun to account, no other shall be received to account until the first that is appointed hath fully accounted, and that the sum be received.

By § 9. about the feast of St. Margaret before the Exchequer be closed, they shall every year narrowly search and see if a sheriff or other bailiff who ought to have accounted that year have not. And if he be a sheriff, _&c._ And if he be another bailiff he shall be summoned or distrained that he come at a certain day to account, so that no account be suffered to sleep.

[Sidenote: Estreats.]

By _42 E. 3. c. 9._ estreats shall not be doubled by the sheriffs, but the copy of the estreats wherein they touch the franchises of lords shall be delivered to the bailiffs of the franchises under the seal of the sheriff, and the same bailiffs shall yield their account in the Exchequer by the same copies and no other.

[Sidenote: Bailiffs of the Savoy, and Borough of Southwark.]

By _8 & 9 W. 3. c. 27._ § 15. it shall and may be lawful for any person or persons, who have or hath any debt or debts, sum or sums of money due or owing to him from any person or persons who shall be and reside within the White-Friers, Savoy, Salisbury Court, Ram Alley, Mitre Court, Fullers Rents, Baldwins Gardens, Montague Close, or the Minories, Mint, Clink, or Deadmans Place, upon legal process taken out against such person or persons, to demand and require the sheriffs of London and Middlesex, HEAD BAILIFF OF THE LIBERTY OF THE DUCHY OF LANCASTER, or high sheriff of the county of Surrey, or BAILIFF OF THE LIBERTY OF THE BOROUGH OF SOUTHWARK for the time being (as the case shall require, if the plaintiff think it requisite) or their respective deputy or deputies, officer or officers, to take and they are thereby enabled respectively to take the _posse comitatus_ or such other power as to them shall seem requisite, and enter the said pretended privileged places, and to arrest, and in case of resistance or refusal to open the doors, to break open any door or doors to arrest such person or persons upon any mesne or other process, extent or execution, or to seize the goods of any such person or persons upon any execution or extent. (Penalty on the officer, for neglect or refusal to execute process, 100l. and on those who resist him 50l. each, commitment to gaol, and, on conviction, imprisonment and pillory, and for rescuing a prisoner 500l. and, on nonpayment within one month after judgement, transportation, and on inhabitants concealing any guilty of rescous, transportation, unless they pay the whole debt and costs.)

[40] See before, p. 23. In Yorkshire, when bailiff of the liberty has no prison of his own, the usage is for him to bring the body to the sheriff, who makes out an ordinary commitment to the county jail.

[41] _De ballivis suis_; the printed translation reads "any of their _bailiffs_;" but this is only one out of numberless instances of its gross and shameful inaccuracy.

[42] This act extends to inquests before coroners. _Cro. Car._ 134.

[43] By § 9. The inhabitants of Westminster are exempted from serving in any jury at the sessions before the justices of the peace for the county of Middlesex.

[44] This proviso, with respect to actions or informations upon penal statutes, is taken away by _24 G. 2. c. 18._ § 3.

[45] By _3 & 4 Ann. c. 18._ §§ 3, 4, particular directions are given relative to the return of jurors within the county of _York_. See also _1 Ann. st. 2. c. 13._ § 3. and _7 & 8 W. 3. c. 32._ §§ 7, 8.

[46] By _4 G. 2. c. 7._ § 1. this clause not to extend to the county of _Middlesex_. And by § 2. no person shall be returned to serve as a juror at any session of _nisi prius_ in the said county, who has been returned at any such session, in the two terms or vacations immediately preceding.

[47] By _4 G. 2. c. 7._ all leaseholders in the county of _Middlesex_, upon leases where the improved value shall amount to 50l. or upward _per annum_, over and above all ground rents or other reservations, shall be liable and obliged to serve upon juries.

[48] That this statute was made in a parliamentary council at _Westminster_, in the _forty-third_ year of this King, and not at _Marleberge_, in the _fifty-second_, is proved by Mr. Prynne in his _Animadversions_ on _4 Inst._ p. 190.

[49] And so it is if he that distrain chase the distress into any other house, park or other place of strength. _2 Inst._ 193.

[50] _Note_, every man is bound by the common law to assist not only the sheriff in his office for the execution of the Kings writs, but also his baily that hath the sheriffs warrant, &c. and if they do it not, being required they shall be fined and imprisoned. _2 Inst._ 195.