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.