Vntrue Returnes by Sheriffes.
TO come to the other part there∣of, where either the Sheriffe will not receive the Writ at all, or
Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent
About this Item
- Title
- Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent
- Author
- Lambarde, William, 1536-1601.
- Publication
- London :: Printed by E. P[urslowe] for Henry Seile, dwelling at the Tygers-head in St. Pauls Church-yard,
- 1635.
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"Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A04995.0001.001. University of Michigan Library Digital Collections. Accessed May 20, 2024.
Pages
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(receiving it) will either make no returne, or a subtill or false returne of the same; there is a large Sta∣tute made, (13. Ed. 1. 39.) by which it is enacted, That the partie may deliver his Writ openly to the Sheriffe, to be served, taking a Bill thereof from the Sheriffe himselfe, or other witnesses: And if hee doe not then returne the same, the partie shall have Dama∣ges against him, according to the perill that might come unto him by that delay. The like Remedie is there given, if the Sheriffe will untruly returne; That the Writ came so late to his hands, that he could not, for want of time, make execu∣tion of it. There is helpe also for the untrue returnes of small Issues, upon a man whose Land is able to answere great: And for the unjust charging of Bayliffes of Liberties, to have made him none answere of
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the Writs that he sent unto them: In all which Cases of false returne, power is given to the ordinarie Iusti∣ces, to punish a Sheriffe once or twice for his offences: But if he offend the third time, that then no man shall have to doe therewith, but the King: Even as (by the same Sta∣tute) no Iudge or Officer may take upon him to punish a great man (that shall resist the Sheriffe in the execution of the K. Writs) but the King himselfe, to whom that power is reserved: Because (as the Statute speaketh) such per∣sons be disturbers of the Kings Peace, and of his Realme.
But, for as much as the Vnder-Sheriffes (or Clarkes of the Vnder-Sheriffes) waxed bold to commit the same offences, for which their Masters were to be punished, and for which, as yet, there was not any Sword of Law drawne against them∣selves;
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there was (in the time of the same King) an Ordinance made, (and called, Tractatus contra Vice-comites, & Clericos) By which it is to be provided, That if the Of∣fence of a false returne be found in the person of such a Clarke to the Sheriffe; then shall that Clarke both make Fine to the King, and satisfie the partie hurt, (if he be able) and the Sheriffe to goe quit: But if the Clarke be insufficient, then is the Sheriffe himselfe to answer for him.
Howbeit, this last Age hath pro∣ceeded further, and hath given or∣der, (27. Eliz. cap. 12.) That as well the Vnder-Sheriffe, and his Clarke (or Deputie) as each Bay∣liffe of Franchise, shall take an Oath, for the avoiding of this and other corruptions.
It would prove tedious, to prose∣cute the varietie of all those paines
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and forfeitures, that Law (in force) hath devised against the untrue Re∣turnes of the Sheriffes; neither is it so fit for the purpose, that I have now in hand; seeing, that in the most of them, the ordinarie remedie (given by those Statutes) is suffici∣ent for revenge: And therefore, ha∣ving already opened that part which best serveth for giving Iurisdiction to this Court, I will goe forward to the handling of the rest.