Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent

Offences in the making of Pannels.

ANd now, even as those that strive to doe wrong, can little prevaile by running the course of Law, though they be mightie to maintaine, though they be never so furnished with Reteyners and Fol∣lowers, and though they can perswa∣sively deale with Iurers, and Inquests also, unlesse withall, by the helpe of the Sheriffe (or his Clarke) such men be returned, and put into the Pannell for them, as they themselves should nominate, or like: Even so, those Statutes, seeing that Causes in Law depend no lesse upon the sound

and upright service of the Sheriffe•• than doth the doore upon the hookes (by the meane of which it openeth and closeth at pleasure) they have in the first place noted two severall misdemeanours of that Officer, and have referred the correction of the same to this Honourable Assembly in the Star-Chamber; The one, is the untrue demeaning of the Sheriffe, in making Pannels; the other, is his falshood in other returnes.

By the Pannell is meant that Ca∣talogue (or Roll) wherein the names of 24. good and lawfull men ought to be returned by the Sheriffe, out of which the number of twelve are to bee tryed and sworne, and to yeeld their Verdict upon each matter in issue, that is triable (by Iurie) be∣tween man and man; and the same or a greater number of them, to be charged for enquirie on the behalfe of the Queene. In which part, if

the Sheriffe shall apply himselfe to serve, not the Court, and Iustice, (whose minister hee is) but the one or the other partie (that shall cor∣••uptly winne him) then shall not ••he better Cause, but the fuller Purse prevaile; and it shall be all one, whether the partie be Iudge of his owne matter, or procure such as him∣••elfe shall denominate, to passe upon ••he Tryall for him.

And as in this part of his Office, ••he good demeanour of the Sheriffe maketh much to the furtherance of Right; and his corrupt dealing may highly advance Injurie, and Wrong: So also, by all other the ••eturnes and Answeres of his ser∣vice to her Majesties Courts, hee may greatly helpe or hurt the mat∣ter in question; eyther winning time against the Plaintiffe, by di∣••••orie Returnes of his Writs, and ••••oces; or wringing the Defendant,

by untrue answer made of that which he hath in charge, or abusing both them and the Court, by sending in no returne at all.

In all or the most of which Cases, although the partie (defrauded by him) may sometimes helpe him∣selfe by averrement against his re∣turne; sometimes, by complaint to the Court where the suit dependeth: and other times may find amends, by an action upon the Case for his abuse; yet the Law seeing that Iustice is many times both delayed & deluded by such unfaithfull services, hath first (touching Pannels generally) provided by the Statutes (42. Ed. 3. cap. 11. 34. Edward. 3. cap. 4.) for the better direction of the She∣riffe in that behalfe, that (upon paine to be fined after the quantitie of the damage sustained by the par∣tie) in all manner of Pannells, those persons should be put that be most

substantiall, worthy of faith, and not suspected, nor procured, but having best knowledge of the truth, and being most nigh to the place, where the question in Law doth arise. And (18. H. 6. cap. 14.) it was ordained to continue for a time, That if the Sheriffe, or Bailiffe, should take any thing for arrayring of Pan∣nels, the Partie grieved should have his Action, and recover ten times so much against him. And that this abuse may bee the more surely repressed (especially in case where the service concerned the Prince himselfe) order was ta∣ken by the Statute (3. H. 8. cap. 12.) That the Iustices of Goale-deli∣verie, and of the Peace, might re∣forme all Pannels returned be∣fore them, to serve the King; and that the Sheriffe and his Ministers should (under the pain of twenty pound) eftsoones re∣turne

the same so reformed by them.

Many other Rules there are, par∣ticulary set downe by sundrie Sta∣tutes, concerning the value in lands or goods, of the Iurors returned, in sundrie sorts of Actions; concer∣ning Hundredors, to be inserted in the Pannell amongst them; touch∣ing the quantitie of the Issues that the Sheriffe ought to returne upon every of their heads, and such other matters, whereof many doe carrie their speciall paines within them: all which are over-long to be reci∣ted here, and be sufficient of them∣selves to make the Body of a large Discourse.