Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

Here follow certain Cases of the Common Law, upon the Re∣turnes aforesaid, and others.

BEcause Justices (to whose Duty it belongeth, to admi∣nister Justice to every one before them complaining) are oftentimes hindered, so that they cannot in due man∣ner execute their Office; by this that Sheriffs do not re∣turn their Original and judicial Writs, and likewise re∣turn false Answers.

The Lord the King provideth, that those which fear the malice of the Sheriff, should deliver their Writs in the full County Court, or in the other County Court, where there is a gathering of the Kings Money, and let there be a Billet taken of the Sheriff present, or of the under-She∣riff, in which Billet there shall be contained the names of the Plaintiff and Defendant, and adjoyned to the Billet sealed by the Sheriff, or under-Sheriff, in witnesse thereof, and let there be mention of the Delivery of this Writ.

And it gives remedy, if the Sheriff will not seal the Billet: by this Statute remedy is given if the Sheriff re∣turn Tarde, where he hath sufficient time to serve the Writ, and where he returnes (I have commanded the Bailiff of the Liberty) where it is no Liberty; and this Statute gives (you shall not omit for any Liberty) and gives Averment against the Returne of the Sheriff, if he return to little Issues, and gives (that he should deliver Corn in the Grange, and all Moveables (besides, Equitu∣ram, Indumenta & utensilia domus) contained under the name of Issues; and the Statute gives (Posse Comitatus) See the Statute of 1 Ed. 3. chap. 6.

The Sheriff by the common Law is the Preserver of the Peace, and hath the Custody of the County for the time that he is Sheriff, and may cause the party to finde Surety, if any require that, and every Obligation which he takes to keep the Peace, shall be taken a Recognizance in Law, and specially when this is certified by Certio••are in the

Chancery. But Pleas before him in the County or Hun∣dred are not of Record, for these are by reason of course, and this taking for Peace, is by reason of his Office; Fitzh. 81. D.

If the Sheriff return upon a Distringas Juratores, no manner of Issues, and a full Jury appears and pleads, this is no Error, for the King hath no losse, and the Issues are for the King, which he shall not have if the full Jury appear, 5 H. 7. f. 8.

Also if the Sheriff return Scire feci, upon Fine, or Judge∣ment, and no mention is made of the Summoners and Viewers, and the party appear and pleads, it is no Error, and if upon the Grand Cape there be not returned the Summoners and Viewers, yet if the party appear, and pleads, it is no Error, 3 H. 7. f. 14. this Return was a∣mended, and the Plaintiff recovers. See 8 H. 5. f. 2. B.

Scire facias is returned Scire feci, by J.S. and J.D. and though the Return be not (by good and lawfull men) as it ought, if the party appear it is a good Return, and may be amended, 33 H. 6. f. 35. 44 Ed. 3. f. 16. & 8 H. 6. f. 27.

If the Sheriff attach a Cow, the property is not out of the party till the Day of Return, that he make Default, and if at the Day of the Return he make Default, the Sheriff may take that as forfeited to the King, though he have left that before with the party, 9 H. 7. B. Table Dormant, and such things which are fixed to the Free-hold cannot be attached, 21 H. 7. f. 26.

Annuity, the Sheriff returns (I have nothing in my Bailiwick by which he can be attached) where it should be (by which he can be summoned) and though it were in the time of another Sheriff, it was amended, for the Cout may amend a mistake of the Clerks, and also of the Return of the Sheriff, 33 H. 6. f. 47.

Upon a Distringas Juratores, the Sheriff in his Return leaves out four Names which were in the Venire facias, and the Sheriff was examined, and saith, that they were distrained, and for that the Returne was amended, 37 H. 6. f. 12. 22 H. 6. f. 45.

Appeal upon Distringas Juratores, where there were Knights and Esquires which were in the Writ, there was returned but eight pence upon every Juror, and the She∣riff had been amerced, unlesse he be there present, and a∣mend

that, and sets upon every Juror two shillings, 2 R. 3. fol. 13.

Attaint at the Distringas Juratores, the Sheriff returns Issues upon J. Burton, where there is no such of the Jury, but J. Bormstone, and it was amended, 2 H. 5. f. 8.

The Sheriff upon a Capias returns Non inveni, where he ought to return Non est inventus, and the party was out∣lawed, and this was assigned for Error, and awarded Er∣ror, and shall not be amended, 9 H. 5. f. 10.

One was outlawed, and Proclamari feci of that was re∣turned, that I made be proclaimed, that he should deliver himself to the Sheriffs of London, where the Writ was the Sherif of Kent, and this Outlary was reversed by Error, and shall not be amended, 27 H. 8. f. 34.

One was outlawed, and the Exigent was returned, at my County Court, held at the Castle of Oxford, he was first called, and because it was not in what County, it was Error, and shall not be amended, 21 H. 7. f. 34.

One was returned outlawed, and for that, that it did not appear that it was by the Judgement of the Coroners, it was reversed without Writ of Error, and shall not be amended, 21 H. 7. f. 33.

The Sherif returns Scire feci J. A. Clio, where it should be Clico, and was amended, 7 H. 6. f. 1.

Where the Sherif upon a Distringas returnes to small Issues, he shall amend the Return, 27 H. 8. f. 3.

Process against a Voucher, the Sherif returns the Vouchee dead, the Demandant may aver, that he is alive by the Statute of 14 Ed. 3. chap. 10. Vouch. 8. And there held, that a man shall not have a direct Averment against the Return of the Sheriff, unlesse that his person is to be charged, or his Inheritance for ever to be lost, and that by the same Law he cannot have remedy to save the same Inheritance, 40 Ed. 3. f. 6.

Debt against two, the Sheriff returns upon the Capias, I have taken their Bodies, and have them before you; and now one comes and saith, that his Companion is dead and had it, for that the other cannot gainsay it, 50 Ed. 3. f. 7.

By the statute of Westm. 2. before said upon a Distringas, one may aver that the Sherif hath returned to small Is∣sues; and by this Book the Sherif ought to return in Is∣sues

so much of Rent as the Defendant receives the Day of the Writ purchased, untill the Day of the Return of it, 27 H. 8. f. 3.

Where the Sherif returns to small Issues upon a Di∣stringas, one may aver that they are to small, but some seem, that if he return to small upon a distringas Jura∣tores, it is ont of the Statute, 10 H. 7. f. 11. Debt, the Sheriff returns upon the Distringas twenty pence upon the Defen∣dant, and averment was, that the Shetiff might have re∣turned, mean, between the writ delivered, and the return of that 100 s. and the writ was awarded to the Justices of Assise to inquire of that, 20 H. 6. fol. 26.

Where the Sheriff returns one out-lawed, he cannot a∣ver that he was called but three or four times. But in ap∣peale he may have the averment, 10 H. 7. f. 22.

In Re-disseifin, he cannot aver that the Sheriff did not go to the place, for he is Judg, and also one out-lawed can∣not aver that he was not the fifth time called, 10 H. 7.28.

Trespasse upon (Pone) goods were returned attached, and when the Defendant appeared, he had a Writ to the Sheriff to deliver to him again the Goods: And the She∣riff returns that he hath redelivered, the Defendant cannot averr the contrary, the same Law of a return of a seisin in Dower, one cannot have an averment to the contrary, for the Sheriff is Officer, to whom credit shall be given, which cannot have averment to the contrary. But where one is without remedy, and to be dis-inherited, it is other∣wise, as if the Sheriff in a Precipe against one, return that he is dead, the Demandant may aver that he is alive, and may say not attached, by fifteen daies, which is no direct averment: But upon an Habere facias sesinam.

Where the Sherif returns, I have delivered seisin, he can∣not aver the contrary, 3 Ed. 4. fol. 20.

One cannot have direct averrment against return of the Sherif in the same action, but in another he may. As in Debt against a Bailif of a Franchise, for an escape of one, return by the Sherif that he hath taken him by a Warrant to him directed, upon a Capias ad satisfaciendum, he may now in this action of Debt aver, that no such Warrant was to him directed. And in Assise not attached by fifteen dayes he may averr. And in a Precipe that he was not sum∣moned according to the Law, is a good averment in the

same Action, but not, not attached, or not summoned, 5 Ed. 4. f. 1.

A Writ of Deceit is returned by the Sherif, and the De∣fendant averrs that the summoners now returned were not the summoners in Precipe, and he cannot aver that Averment against the Return of the sherif, 5 Ed. 4. f 7. & 33 H. 6. f. 11. Markham, accordingly.

The sherif returnes, I have commanded the Bailif of the Liberty of N. which so answers, that at another time the Defendant was committed to the next Gaol by Audi∣tors upon an Account for Arrerages, and that he being Bailif of that Goal, carried him to Prison, and he came in upon a Cepi Corpus, and saith, that no such Account, and shall have that Averment, notwithstanding the Return of the sheriff, 18 Ed. 4. f. 5.

One sues a Libertate probanda, to recover Nativo habendo, and the sherif returnes, that no Nativo habendo was delivered unto him, and the other averrs contrary, and may, 18 Ed. 4. f. 7.

Upon a Venire facias, the sherif returned four and twenty Ju∣rors, and upon the Habeas Corpora, he returned that 12. of them were dead, the Plaintif shall have Averment, that they are alive against the Return, 20 Ed. 4. f. 11.

The Plaintif praies, that the Defendant in Replegiare, wage Deliverance, the Defendant saith, that they died in an open Pound, in default of the Plaintif, and prayed a writ to the sherif, Si constare poterit, and if the Sherif return upon that writ, that they are dead, yet he may aver the con∣trary, and have a sicut alias, 30 H. 6.2.

Where the Sherif returns (I have commanded the Bailif of the Liberty of the Archbishop of York) which returns summons, the Defendant cannot aver, that the Land is within the Franchise of Richmond, 34 H. 6. f. 3.

The sherif returnes upon an Exigent, that four times called, and not withstanding Averment was taken, that he was outlawed, and this was certified by the Coroners, and for that the sherif was amerced to fifty Markes, 36 H. 6. f. 24.

Where the sherif upon a Capias returnes (He is not found) one cannot have an Averment against this Re∣turn, 2 H. 4 f. 15.

One may have an Averment in another Action, against the Return of the Sheriff, as in Covenant, the Sheriff re∣turns him warned, yet in Detinue he may aver the con∣trary, 11 H. 4. f. 47.

Where upon a Corpus cum causa, out of the common Bench, it is returned, that he is bound to the Peace, which is for the King, and notwithstanding that it be false, he cannot have an Averment in this Writ to the contrary, 9 H. 6. f. 44.

One outlawed reverses it by Error, and he hath a Writ to restore his Goods, which he took, time of the Out∣lary, directed to John Bailif of Westminster, and could not return that he is not Bailiff, but he ought to answer to the Goods, whether he had them or not, and how they are wasted in his Possession, 6 H. 7. f. 9.

The Sherif or Bailif errant, sworn and known, may arrest one without shewing to him a Warrant, contrary, of a Servant of the Sherif, or other Bailif which is not sworn and known, 8 Ed. 4. f. 14.

Where the Sherif returnes upon a Fieri facias, that he is a Clerk beneficed, not having any Lay Fee, there shall go a Writ to the Bishop to sequester his Bene∣fice, 13 H. 4. f. the last. See 32 H. 6. f. 13.2 Ed. 4. f. 1. & 21 H. 6. f. 20.

The Ordinary sues a Writ of Annuity against one, and the Ordinary himself returnes, that he is a Clerk bene∣ficed, having no Lay Fee; and held that a Venire facies Clericum shall go to the Metropolitan, for that the Plain∣tif is Ordinary, 34 H. 6. f. 32.

Return, that I commanded the Bailif of the Liberty of the Dutchy of Lancaster, though that the Dutchy hath no capacity, it is good, for that, that there were ancient Pre∣sidents of it. 33 H. 6. f. 22.

Upon a Capias, the Sherif returnes, that the party is a Verger in the Church at Salisbury, and dwels within the precinct of the Church, and being a Sanctuary, he re∣turnes for that, Non est inventus, and for that the Return is not good, for he may serve that Process in the Church, 6 H. 4. f. 3.

2 R. 3. C. the last. Prohibited upon pain of Imprison∣ment and Fine, that none arrest any person of holy Church, when he is d••ing Divine Service.

Dower, the Demandant recovers by default, after default, and the Demandant saith, that her Husband died seised, and prayes her Damages, and a Writ went out to the Sheriff to in∣quire of Damages, and the Sheriff returns that the Jury found no Damages, and by Thorp, the Sheriff shall not be amerced; but where he returnes a writ ill of himself, in this case he hath returned by the Oath of Twelve, by which he was not amerced, 44 E. 3. f. 8.

Debt against Executors, which plead fully administred, and found that they have Assets, and the Sheriff returnes the Fieri facias, I have commanded the Bailiff of the Liberty of King∣stone, which gave me answer, that the Executors aforesaid have not any Goods, the which is contrary to the Verdict, and adjudged that the return was not good, for he cannot return a thing which is contrary to that which is found, 3 H. 7. f. 11. & 5 H. 7. f. 27. accordingly.

Where the parties admit one such a Visne, though there be no such the Sherif cannot return that there is no such but shall make the Pannell of the Body of the Coun∣ty, 37 H. 6. f. 12.

Appeal, the Sherif returnes the Jury of the Visne of D. and yet the new Sherif returnes the Distresse, that there is no such Visne, and may, 3 H. 6. f. 58.

VVhere the Father is condemned, and upon the Exi∣gent upon a Capias to satisfie, the Sherif returnes, that he delivered up himself, and it is his Son that came, and this was so averred, and found the Son, and the Sherif was amerced, 7 H. 4. f. 13.

VVhere the Sherif makes false Returne, as if he re∣turn, I have taken the Body, upon a Capias to satisfie, and hath him not, he shall have his remedy by a VVrit out of the Chancery, or upon his Account in the Exchequer, and not here, 7 H. 4. f 32.

If a Felon (••n going to Execution) be rescued from the Sherif, if that be presented before Justices of Peace, it is Felony; otherwise it is, if that come in by return of the Sherif, 6 H. 7. f. 12. & 1 H. 7. f. 6. the same.

Upon a Fieri facias, the Sherif returnes, I have done Execution at the Day within contained, and at the Day hath not the Money, and for that goes a Scire facias to the new Sherif against him, to know why he shall not have Execution, 9 Ed. 4. f. 3.

The sherif which broke the Door of the House to make Execution upon Fieri fac. shall be punished, as Trespass lies against him, but not for taking the Goods, 18 Ed. 4. f. 4.

The sherif returnes upon a Fieri facias, against Execu∣tors, that the Executors have sold all the Goods of the Dead, before the VVrit purchased, and have taken Mo∣ney, and other Goods for the same Goods; and for that he was amerced, for he ought to have made Execution of Goods amounting to the value, notwithstanding the Sale, 14 H. 4. f. 13.

The sherif returnes upon a Fieri facias against Execu∣tors, that they have nothing after the coming of the Writ, as to him any way doth appear, and was amerced, for he ought to return directly, that he hath nothing; but he may return, that they are conveyed away, and upon that Exe∣cution shal be of their proper Goods, and he cannot return, He is not to be found, as he can understand, 9 H. 6. f. 57.

By Hank, if a Fieri facias go out, and the sherif levy the Money, & return no VVrit, the party may sue Sicut alias, if he will, or he may have a writ against the the sherif, to have the Money here; inquire what VVrit that is, but by Thirn, it is duty to receive by party, and the Fieri facias is, that those Moneys you shall have here, and they shall be brought into the Court in discharge of the Defendant, and the sherif is not Debtor by simply saying, for that is not upon Record that he hath levied them, and so the De∣fendant is Debtor, and not the sherif, yet some say, if the sherif levy the Money by Fieri fac. & payes them not to the party Plaintif, he shall have an Account against the sherif, 11 H. 4. f. 57. See 2 H. 7. f. 22. by King. Trespass lies against the sherif for levying the sum, and not returning the writ.

Till the Fieri facias be executed, the Money shall not be intended paid, and this is not executed, till it be returned by the sheriff, 20 H. 6. f. 25.

Scire fac. to have Execution of a Judgement, the Def. saith, that before this time the sherif by Fieri facias did levy the summ, and though the Def. did not say, that the sherif deli∣vered the money to the Plaintif, nor that the VVrit was re∣turned, this is adjudged a good Bar, & for that the Plaintif saith, that the sherif hath not levied it ready, &c. 21 H. 6.5.

Upon a Fieri facias, the sherif returnes, that he took Goods to the value of ten pounds, for which he found

no Buyer, by which issued to the new Sherif, a Venditione exponend. which returned, that his Predecessor took no Goods, therefore, &c. By which issued a Distresse to the late Sherif, that the Goods that were set to sale he should bring in, 34 H. 6. f. 39.

It is Error where he is outlawed, and the Exigent re∣turned, at my County held at Ilchester, in the County of Som. for it ought to be at my County Court of Somerset, held at Ilchester, and to recover at the Hustings, London, where there are two, and is not at which Hustings, it is not good, 6 H. 7. f. 15. See 11 H. 7. f. 10.

VVhere an Outlary was returned, it shall not be a∣mended, where it was returned at my County Court held at the Castle of Oxford, and saith not in what County, it is not good, 21 H. 7. f. 37.

Upon a Capias, the Sherif returnes, I have taken J.S. and J.D. and doth not say, (within named) and it seems good, and shall be intended, 12 H. 7. f. 18.

A VVrit upon a statute staple issued, to take the Body, and to extend the Lands and Goods of him that was bound, and the Sherif returned that, that he had extend∣ed the Land, and returned nothing of the Goods, and yet it is good for the Land, which is part of the thing which he ought to do, and not all, 16 H. 7. f. 6.

The Sherif returnes, that by vertue of a Command, I have taken the Body, and that is good, without saying, by vertue of a VVrit, for the Sherif may take one in the Hall at Westminster, by commandement of the Justices without a VVrit, 16 H. 7. f. 16.

Scire facias, the Sherif returnes, I W.S. do certifie you, and it is not good, but it ought to be, I certifie you Justices: but where the Return is Scire feci, J. S. and doth not say, the within named, yet for that that, it is further, (as this VVrit in it commands and requires, according to the forme of the VVrit) that is a good Return, 1 H. 6. f. 7.

Premunire, tht Sherif returns, that the Defendant was warned, and for that, that it is not what day, it is not good, for he ought to be warned by two Moneths before the day of the return by the Statute, and that doth not appear, and for that it is not good, 42 Ed. 3.7. and 39 Edw. 3.7.

Assise where the writ was ill returned, and that uncer∣tain, there shall Issue a Sicut alias, 46 Ed. 3. f. 18.

One out-Lawed, and Proclami feci was returned, that he had rendred himself Prisoner to the Sherif of London, where it should have been Rent. And the Out-lawry was for that reversed by Errour, 27 H. 8.34.

Where the Sherif returns Nihil, or is not to be found, as it can appear to him, he shall be amerced, for he ought to take notice, 9 H. 6.57.

Where the Sherif returns (I have commanded the Bai∣lif of the Liberty) of D. and for that, that he hath not re∣turned to what Person it is not good, 9 Ed. 4.20. & 1 H. 6.7, the same.

Upon a Capias, the Sherif returns (I have taken the bo∣dy) and that A. and B. rescued him, and for that, that it is not where, it is not good, 10 Ed. 4.17

Scire facias to have Execution of an annuity against a Parson, the Sherif returns (that he hath no Goods) not∣withstanding that it was not (nor had at the time of the receit of this writ) yet it seems it shall be intended, and for that it is good, 2 Ed. 4.1.

Scire facias against two severall Tenants, the Sherif returns (Scire feci in manner and form, as this Writ in it commands and requires) and it is good, though it be not returned severally, Scire feci, 2 H. 4.14. See, 37 H. 6.31.

In a Writ to inquire of Wast, the Sherifreturns that I, took the Inquisition, Die Sabbati proximo, and for that it is not what Sabbati, it is no good return, 40 Ed. 3.20

Scire facias, to have execution of arrerages of an annui∣ty against Lawrence Booth, keeper of our blessed Mary Hal∣lers in the University of Cambridge and Schollers, and the Sherif returns that Scire feci Lawrance Booth, and nothing of the Schollers, and for that the return was not good, and so Sicut alias, 34 H. 6 54.

VVhere a VVrit goes to the Coroners, and one returns that he made a Precept to his Servant to arrest the De∣fendant, and that he at D. such a day made a Rescue, this return is not good, for it shall be made by both the Coro∣ners, 39 H. 6.42.

Upon Exigent, the Sherif returns, I have caused to be proclaimed at such a County Court held such a day, and for that, that it is not what year, it is not good, 27 H. 8.34.

The Sherif returns, he hath nothing, and it is not good,

but he ought to return also, that he hath not Bailifs, nor a Bailiwick, nor he is not to be found, 26 Booke of Assises 33.

Attaint, The writ you shall diligently inquire, who were the Jurors of the first inquisition, and whether M.B. Knight was one of the petty Jury, and he returned their names, and M.B. was dead, and though he do not return M.B. Knight. It shall be extended the same, and a good return, 24 book of Assises 6.

The Sherif upon a Venire facias, returns twelve names only upon the back of the VVrit, and not in the Scedule, and it is not good, but shall return twenty foure according to the usage, 2 H. 7. f. 8.

The Sheriff returns upon a Cap••as, that a Rescue was made at D. by the command of J.S. and for that, that he doth not return where the command was, it was not good, for the return shall be as certain as known, 3 H. 7.11.

Vpon Pluries, to have a Corody, the Sherif returns that the Bishop of K. is founder and doth not return the name of that Bishop that founded it, and for that it is un∣certain, 3 H. 7.6.

Admeasurement of Dower, the Sherif returns that the woman hath more by forty shillings per annum, this is no good return, for he ought to return two parts by it self and their values, and the third part by it self and the value thereof, 44 Ed. 3.11.

The Sherif of London upon a Nativo habendo, returns, that if a Villaine remain in London by a year and a day, that he shall not be drawn out, and that is a good return, and it is said, that return, that Attaint doth not lie in Lon∣don, is a good return. Inquire, 7 H. 6.34.

In London every of the Sherifs may arrest a man, and yet the Return shall be made in the name of both the She∣rifs, 39 H. 6. f. 43.

VVhere the Sherif returns (I have commanded the Bailif of the liberty) and doth not return, for that, that he hath nothing, within my bailiwick and was amerced, 47 Ed. 3.2.

Where the Sherif returns (I have commanded the bai∣lif of the liberty) where that liberty is not inrolled in the Exchequer, it is taken as a dis-inheriting of the King, 2 H. 4.5. and 11 Ed. 4.6. the same.

The Sheriff returns, I have commanded the Bailif of the liber∣ty, which answers me that he hath taken the body, and hath not the body there, it is doubted whether the Bailiff shall be amerced or the Sherif, 2 H. 4.16 Inquire, see, 11 H. 4. fol. 41. that the Bailiff shall be amerced and not the Sheriff, 5 Ed. 4.6. The same.

Where the Sheriff returns, I have commanded the Bailiff of the Liberty, which answers me, that he hath taken the body and not∣withstanding hath not the Body, the Sherif was amerced, and a Distringas awarded, to distrain the Bailiff to bring in the body, &c. 47 Ed. 3.25. But, 14 Ed. 4.1. There shall go out a Di∣stringas Ballivum to bring in the Body, and, 36 H. 6.1. the same

The sherif returns I have commanded the Bailif of the Liberty, which answers me, and returns but nine of the Pannell, the sherif shall be amerced, and not the Bailif, for the return in Law is not good, 8 H. 6.56.

The sherif upon a Grand Cape returns (I have com∣manded the Bailif of the Liberty,) which answers me, that he hath taken the Land into the Kings hands, and doth not return that he hath summoned the Tenant, and held that the return in Law is not good, and for that the Sherift shall be amerced, 4. H. 6.25.

If the Sherif upon a Capias makes a command to the Bai∣lif to arrest one, and he takes him, and the sherif doth not return the Writ, by Frowick and Brian, the Bailif shall not be punished but the sherif, 10 H. 7.17.

False Imprisonment against a Bailif, which saith that a Capias came to the sherif and the sherif commanded him being a travailing Bailif, that he should take the body of the plaintif, which he did so, the Plaintif saith that the Writ was not returned. And by Kingsmill, though the Bailif were Fined, it shall be accounted all wrong in him, for that, that the Writ is not returned, 20 H. 7.13.

Contrary by Rede, and Littleton, saith, that Trespasse doth not lie against a servant in this case, 18 Ed. 4.10.

If the sherif himself justifie in Trespasse the arrest of one by Capias to him directed, he ought to shew that he hath returned the writ, for it is conditionall (so that you have his body here, &c. 3 H. 7.3.

Where the Sherif serves a Fieri facias, and levies the sum, and doth not return the Writ, the party may have an action of trespass against him for that levy, 21 H. 7.22. by Kings∣mill.

The same Law is, if a Bailiff by the command of the Sheriff arrest a man, and do not bring him to the Sheriff, false impri∣sonment lies against him.

Capias issued to the Sherif where there is no Orignall, and he arrests the party and returns the Writ, trespasse doth not lie a∣gainst him.

If the Servant of the Sheriffe arrest one by a Precept made out of a Capias, and return his Precept to the Sherif, and the Sheriffe do not return his Capias, it seems, that false imprisonment lies against the Servant.

But where the Bailiff of a Liberty arrests one by a Pre∣cept out of a Capias, made to him by the Sheriffe, and the Sheriffe do no not return the Capias, it seems that falle imprisonment lies against the Sheriffe, and not against the Bailiffe.

If the Sheriffe make a Precept to his Servant, or to ano∣ther to be a Bailiffe (if he be not a Bailiffe of the Fran∣chise, which is not his Servant) and they take party, and the Sheriffe doth not return the Writ, the Bailiffe is a Trespasser, unlesse he be Bailiffe of the Franchise, though the Bailiffe return his Precept to the Sheriffe served, 8 Ed. 4.18. and 13 H. 7.2. the same, See 18 Ed. 4.9. and 28 Book of Assise 47.

Debt against an Executor, which pleads nothing in his hands, and found Assets, and the sheriffe returns upon a Fieri facias, I have commanded the Bailiffe of the Liber∣ty, &c. which answereth me that he hath no goods of the Testators, and this Return is not good, for it is con∣trary to the Verdict and triall, and yet the Sheriffe shall be amerced, and not the Bailiffe, for that, that the Return in Law is not good, and the Sheriffe ought to have know∣ledge of the Law, 5 H. 7.27.

But for false Return, the Bailiffe shall be amerced. 3 H. 7 11. the same.

VVhere the sheriffe returns I have commanded the Bai∣liffe of the Liberty, which hath given me no answer, there shall go out a Non omittas.

The sheriffe Returns, I have commanded the Bailiffe

of the Liberty, and for that, he doth not return (for that) be hath nothing within the Liberty, he was amer∣ced, 47 Ed. 3.2.

The sheriffe returns, I have commanded the Bailiffe of the Liberty, and it is not to what person the Liberty is, and for that by Pigot it is not good, 9 Ed 4.20. contra∣ry by Dauby, see 1 H. 6.7.

The Sheriffe returns, I have commanded the Bailiffe of the Liberty of the Franchise of the Earl of Shrewsbury, and for that, that it is not, (for that) the Lands were within the Liberty, it was challenged, and the return is not good, for that, that it is not of what Liberty, if he have more, and for that he ought to return, I have commanded the Bailiffe of the Liberty, of the Franchise, of the Earl of Shrewsbury of Scarsdale, or his Liberty of high Peak, &c. which hath full return, and execution of all the Writs in the said Liberty, to whom it belongeth totally to make execution of this writ, which truly Bailiffe so answereth me, &c. 1 H. 6.7. 9 H. 6.33.

Upon a VVrit to inquire of VVast, the Sheriffe re∣turns, I have commanded the Bailiffe of the Liberty, which hath given me no answer, and the sheriffe was a∣merced, for he ought to enter, and go to the place wasted, for that is the statute, and for that the Franchise shall not hold place, 11 H. 4.80.

If the sheriffe enter into any Liberty, and execute Pro∣cesse there, without a (non omittas) the Lord of the Li∣berty shall have a VVrit of Trespasse upon the Case a∣gainst him, Fitzh. 95 B.

The sheriffe returns upon the Exigent, that the De∣fendant is dead, and cannot, by Prisot, and also upon a Capias he cannot return that, 32 H. 6.33.

The sherif returns upo a Scire facias against an Abbot, that he is deposed, by which he cannot warn him, and it is good, for that is a death, 1 H. 6.2. and 2 H. 6.5. the same.

The sherif returns upon an Exigent that the defendant is dead, and it is no good Return, for he ought but to de∣mand him, and if he appear to take him, 10 H 4.5.

Upon Pluries Repleg. The sherif returns that the beasts are dead, and this is a good Return, and he need not re∣turn that the beasts are driven away, 32 H. 6.32.

In Attaint, the sherif cannot return that the Defen∣dant is dead, for there are not any words in the VVrit to warn the Defendant, 18 H. 8.5.

Upon a Habeas corpus Jurat. the sherif returns that four are dead, and may, and upon a Distringas thereof, he re∣turns that other two are dead, and may, 10 Ed. 4.11.

Upon an Habere facias Seisinam, and upon the Grand Cape, and upon Habere facias visum, a return that none, came of the part of the complainant, &c. is a good re∣turn, 13 H. 4.9.

Upon a Writ of View, it is a good return, that none came of the part of the complainant, to shew him the Land, for the sherif is not bound to know the Land, 14 H. 6.20.

The statute of York, chap. 5. saith, that the sherif ought to put his proper name to every Return, 8 H. 6. fol. 76.36 H. 6 f. 1. and 9 Ed. 4. f. 19.

VVhere one is outlawed, he may reverse that by Error, for that in Return of the Alias Capias, the name of the sherif was omitted, 26 H. 8.4.

Trespasse against an Abbot and his Monks, the sherif returns Pledges for the Abbot, and that his Monks have nothing, and that is a good Return, and yet of a Hus∣band and a VVife, Pledges shall serve both, and he need not return the VVife, Nihil, 48 Ed 3. fol. 26.

Assise, the sherif returns he hath found me no Pledges, and the writ was delivered to the sherif again, and the Plaintif forthwith found Pledges, 2 H. 4.22.

Assise against a Husband and his wife, the wife shall be attached by goods of the Husband, for that she is to be brought in by her Husband, 7 H. 6.10.

Upon a Habeas corpora, against a Juror, the sherif cannot return that he hath served part, and the Bailif of the Li∣berty the other part, but upon a Capias against divers, the sherif may return Cepi corpus of one, and I have command∣ed the Bailif of the Liberty of another, and it is a good Return, 31. H. 6.13.

The sherif upon a Habeas corpus with Decem tales, re∣turns that he hath served the Habeas corpus, and to the Decem tales, I have commanded the Bailif of the Liberty, which hath served the residue, it is not good Return, 8 H. 4.16.

Distringas Juratores, the Sheriff cannot return that he hath distrained some, and the Bailiff of the Liberty hath served the rest, 19 H. 6. f. 48.

Upon a Distringas with Proclamation upon an Eject∣ment of Ward, the Sheriff returnes, I have commanded the Bailiff of the Liberty, which answers, &c. Issues forty pence, and that he himself hath made Proclamation, and for that it seems that the Sheriff ought to make the Pro∣clamation in the County, and ought to serve the residue, 2 H. 4. f. 1.

In a Precipe, the Sherif returnes, I have commanded the Bailif of the Liberty, who answereth me so, &c. a good Return; and also that the Bailif takes the Pled∣ges, and for that that he tooke the Pledges, where the Sherif ought, the Sherif was amerced, and Sicat alias was awarded, 14 H. 6. f. 3.

Assise, the Sherif returnes, that he hath taken Pledges, and that the Bailif of the Liberty hath served the resi∣due, and though part be served by the Sherif, and part by the Bailif, it is good; for if the Plaintif do not finde to the Sherif Pledges, he shall make no Precept to the Bai∣lif, 21 H. 7. f. 14.

The Sherif by the statute of Westminster, the 2. chap. 39. may take, Posse Comitatus, to execute Process, and also a∣greed by this Book, that the Bailif may so do, for he is in the place of the Sherif, 3 H. 7. f. 1.

Upon a Scire facias against a Chaplain upon a Recovery in a Quare impedit, the Sherif ought not to return, That he is a beneficed Clerk, having no Lay Fee, for that shall not be returned, but upon a Distringas or Capias in Debt or Tres∣passe, that is a good Return, and there shall go Venire facias Clericum, but here he may be warned by his person, 32 H. 6. f. 13.

If the Sherif return that one at D. made a Rescue, it is good without addition of the party in the Return, and yet Process of Outlary lieth upon that; and where the Sherif returnes the Rescue to be made at D. he is estopt to plead to that Return, over D. and neither D. and none without addition, for he is estopt by the Return.

Where the Sheriff upon a Capias returnes, I have taken the Body, and that J. S. and J. D. made a Rescue, and for that, that in the Return there is not of what place,

it is not good, 10 Edw. 4. fol. 17. and 3 H. 7. f. 11. the same.

VVhere Tenant for Life, prayes in aid of him in Re∣version, and in Scire facias against him, the Sherif may return, that he is warned in the Land in Reversion, which is in the Land demanded, 45 Ed. 3. f. 26.

One may be warned in Scire facias by his person, his Land, or Goods, as it seems by 32 H. 6. f. 13.

Scire facias to warn two upon a VVrit of Detinue, the Sherif returnes one warned, and that the other (hath no∣thing) and held that the Sherif shall be amerced, for though that he hath nothing, he ought to have warned him by words, that is his Person; but for that that the Re∣turn was read, and was (He hath nothing in my County) nor is found in the same, it was good, for he cannot warn his Person, 1 H. 5. f. 13.

The Sherif returnes upon a Scire facias, against a Par∣son to have Execution of Arrearages of Annuity, that the Parson hath resigned, and that he hath no Goods, and it is good, and may take notice of the Resignation, 2 Ed. 4. f. 1.

Upon a VVrit of Error issued Scire facias, to the Heir and Ter-tenant severally, to come together if they thought fitting, and it was against Husband and his VVife, and another person, and the Sherif returned, that Scire feci L. de B. & Alice his wife Tenants of so much, and R. de H. tenant of so much severally, and the Return good, though the Husband and the wife cannot be severed, 3 H. 7. f. the last.

The Sherif returnes upon a Scire facias, against an Ab∣bot that he is deposed, that he cannot warn him, and this is good, for he is dead, 1 H. 6 f. 2.

The Sherif returnes Scire feci, by A. and B. without say∣ing, Good and lawfull men, and the party appears, and good, 8 H. 6. f. 76.

Attaint was returned by the Sherif Nihil, and the Re∣turn is not good, and so Sicut alias, and shall be summon∣ed in the Land demanded, 42 Ed. 3. f. 19.

Mortdancester by two, and one makes default, by which issueth a Summons to prosecute together, the Sherif up∣on this returnes Nihil, and award, that they shall be sum∣moned in the Land demanded, 44 Ed. 3. f. 27.

Scire facias out of a Fine to execute that, and two make default, and in a Summons to prosecute together, the she∣rif upon that returnes Nihil, and shall be amerced, for they

shall be summoned in the Land in Demand, 10 H. 6. f. 12.

The same Law is, where one hath aid of him in Rever∣sion and in a summons to aid, he shall be summoned in the Land demanded.

A Writ of Covenant to levy a Fine, the Sheriff returns Nihil, and for that shall be amerced, for he ought to have Summoned him in the Lands Demanded, 10 H. 6.13

Where aid was granted, and the Sherif returns that the Prayee hath nothing whereby he may be summoned, by which Sicut alias, was awarded in the Land in demand, 23 Ed. 3.37.

Debt against John Burton Parson of D. The Sherif re∣turns at the Pluries distringas, that he hath resigned, and it is a good return, 2 H. 7.10.

Scire facias, against an Abbot, and the Sherif returns he is deposed, and good return: But in Scire facias, a∣gainst a Husband and his Wife, the Sherif cannot return that they are divorced, for that is spirituall, whereof he hath no notice, 1 H. 6.2. & 2 H. 6.5. the same

Scire facias, against the Parson of D. to have Execution of arrerages of annuity, though the Sherif return that he hath resigned, and take notice of that, it is a good return, 2 Ed. 4.1.

The Sherif returns upon a Capias, Tarde, and was amer∣ced, 2 H. 4.8.

Right of ward at the Distringas with proclamation, the Sherif returns Exitus, and that he cannot proclaim that, for that it came too late, and there shall go an Alias, to proclaim that only, and shall not return Issues, 3 H. 4.6.

In Capias of appeale of Death, the Sherif returns, that, that writ came so late that, &c. and the return awarded good, 8 H. 4.22.

In Assise, when the Writ is returned, Tarde, the Clarks do not make Sicut alias, but enter the Writ, and send that again to the Sherif to be served, 9 Ed. 4.20.

Forging of Deeds, Distringas, with Decem tales, of that was awarded against the Jury, and the principle Jury was returned Tarde upon the distringas, and the Tales served, and the return was awarded good, for where the Issues are to be returned, the Sherif ought to have time to know their Land, but upon a Capias returned Tarde, it is said to be ill, But inquire, because it is used, 21 H. 6.51.

The Sherif returns VVrit delivered by Bill according to the Statute of Westm. 2. chap. 39. Tarde, and for that, that the Sherif refuseth to put his seale, others put their seals according to the statute, and the Plaintif hath a writ to the Justices of assise to inquire of Dammages, 29 Ass. 58.

Capias, to have Execution against an Abbot, or against a Bishop if it be returned, that they have nothing in that County, there shall go out Elegit upon the Testatum in another County, 26 H. 8 8. and 26 H. 8.17.

VVhere one hath recovered in a Quare impedit, and hath a VVrit to the Bishop, which refuseth his Clark. So that he hath a Quare non admisit, and process continue to the distresse against the Bishop, and the sherif returns that he hath nothing, there goes Distringas to the sherif of Lon∣don upon the Testatum, that he hath no Land there, 3 H. 4.6.

Trespasse against a Prior, the sherif returns that he hath nothing, and how he hath no Land there, he shall have process into another County upon a Testatum, for a Prior was a name of Dignity, and for that shall have process in a∣nother County upon Testatum, 7. H. 4.1.

VVhere the sherif returns Nihil, Capias doth not lie a∣gainst a Lady, Peer of the Realme, Earl or Baron. But there shall go a Testatum in another County, but where they do wrong, as if they essoigne, Distress, and returns that by the Sherif, the Capias lies for the wrong, 11 H. 415.

If the Sheriffe arrest any, and Rescue is made, by Ba∣ron, Earl, or Duke, if the Sheriffe return the Rescue, Capias lyes, 1 H. 5 fol. the last.

Wast was made in Reddale, and upon a Writ to inquire of Waste, the Sheriffe returns, that I have taken an In∣qusition at Reddale, and for that it is not at the place wasted, it is no good return, 40 Ed. 3.20. and 27 H. 8.16 the same.

Waste in A.B.C. and D. it is said that a Writ to inquire of Waste shall be returned (that I have come to the Te∣nements aforesaid, and the Inquisition taken at one Town shall serve for all, 34 H. 6.49.

A. returns upon a Redisseisin or upon a Writ to inquire of Waste, (that I came to the Town) is not good, but to the place, 11 H. 4.6.

Upon a Writ to inquire of waste, for that that the Sheriff returns, (I have commanded the Bailiffe of the Liberty, which hath given me no answer) he was amerced, for he ought to go to the place wasted, 11 H. 4.80.

Appeal, the Sheriffe returns a Jury of the Visne of D•• and the new Sheriffe returns no such Visne, and may, 3 H. 6. fol. last.

Venire facias, was returned by the Sherif, and after∣wards the Sherif was discharged, and a new Sherif made and at the Distringas he returned (Nihil) upon a Juror, and adjudged that he shall be amerced, but he may return that the Lands are recovered against the Juror, or that the Juror was Tenant for life of J. S. which is dead, or other speciall matter, and so (Nihil) 19. H. 6.38.

Where the Parties admit one such (Visne) where there is no such, the Sherif cannot return, that there is no such (Visne) but shall make the Pannell of the body of the County, 37 H. 6.12.

A (Venire facias) with the Pannell was returned, and none found upon the Roll, but (sicut alias) awarded and returned, and upon that (Habeas corpora) and Distringas, and the Iury found for the Plaintiffe, and it is shewed in arrest of Iudgement, that there was another (Venire faci∣as) with a Pannell, and adiudged that it shall not be in∣tended to be there lawfully, but shall be taken off the File, for that, that in the Roll the Entry was, ad quem diem Vi∣cecomes non misit breve, and upon that it was awarded the sicut alias, 20 H. 6.17.

Though the Venire facias, is Venire facias, twelve free and lawfull men, yet if the Sherif return twelve onely, if he do not amend that, he shall be amerced, for the Iu∣stices will not alter the ancient Form, for the mischeif which may come, for if twelve onely be returned he shall not have a Iury without a Tales, 2 H. 7.8.

The sherif returns a Pannell upon Venire facias, and co∣meth a Bailif of the Fee, and shews an Indenture by which he hath returned certain names to the sherif, and that the sherif hath returned other names in blemishing his return, and prayeth that the Iury be not taken, and it was not allowed, 30 Book of Assises 5.

Assise, (Venire facias) was directed to the Coroners, and the Pannell was returned by two Coroners, where there are four, and therefore the (Venire facias) was sent back again, and after was returned by all foure, 31 Assise 20.

Venire facias Issued to the Sheriff, which returneth, Man∣davi in Ballivo libertatis, that to me he should send a Pannel, and this is returned, and after goeth Tales to the Sheriff, and

he return the Tales, aledging that there were more sufficient within the Franchise, and good return upon this speciall matter, 38 Ed. 3.29.

Debt against the sherif, and he reurneth that hhimself is she∣rif, and that he cannot summon himself, 18 H. 3. and H. 6.77. see 9. H. 6 f. 10.

Precipe, (Venire facias) issued to the sherif, and he was outed of his office one month before the return of it, and he sent the (Ve∣nire facias) which was served to the new sherif, and he returned another Venire facias, and returned that Writ late, and it seemeth that the Writ which is served shall be 28 Ed. 3.99.

One was out lawed, and Procla mari feci was returned, that he should render himself to the sherif of London, where it should be Kent, and the outlawry was reversed by error, and for that, that it is in another Term, it seemeth that the she∣rif shall not amerced, 27 H. 8.34.

Debt was brought by I.S. being sherif, and serves the Writ, and it is good, and may serve that til a Venire facias 14 H. 6.1.

The sherif may bring a Writ of debt in the County where he is sherif, and may serve it, and return it, and may find pledges to prosecute in the Chancery, 14. H. 6.19.

Trespass against the sherif and two others, and process was awarded to the Coroners, and the sherif was found not guil∣ty, and the Plaintif prayed a (Fiere facias) to the sherif and could not have it, for that the process before was to the Coroners, 2 H. 6 12.

Debt upon a Capias, the sheriffe returns that he is sick in Pri∣son, and yet the Defendant was received to appear, for he hath day by Roll, and the Plaintif was demanded, and did not come, and was non suited, 3 H. 6.3.

If the the sherif return in one Pannel, Johannis D. where it should be Johannes D. yet that is good, for false Latin is not ma∣teriall in a return, 2 H 4.8.

If the sherif return upon a Capias, cepi corpus, and hath not the body, he shall be amerced, 7 H. 4.11.

The Defendant cannot say that the sherif is cozen to the Plaintif and pray (Venire facias) to to the Coroners, for if it be so, he may have his challenge and quash the Jury, but the Plaintiffe may pray that 3 H. 7.2. & 5.

Exigent which was delivered of Record was imbezilled, and the Copy of that returned by the sheriff, and he was amerced for returning of the copy to 30 l. & for imbezilling that 20 l. 3 E. 4.5 Debt upon an Obligation made to the sheriff, by one let to main∣prise, and the name of the sherif is not in the Obligation as ought to be by that statute of 23 H. 6. cap. 10. and the Defendant may shew that, and conclude, and so not his deed, 7. Ed. 4.5. Eve∣ry originall writ shall be to the sherif as assise of an office in the Common place, but processe may be to the keeper of the Pallace, 3 Ed. 4.17. The sheriff nor his servant cannot break a close to make a Replevin where is a gate, unlesse it be stopped, 20 H. 6.30. The sherif, and the Bailif errant, sworn and known, may arrest one without shewing him a Warrant, contrary of the servant of the sherif, which is not an office sworn and known, 8 Ed. 4.14. If the sherif come to arrest one, and he flie, he may pursue him, and take him in another County, but not assault nor beat him, for that he was not arrested, but if he were arrested, & flie into another Coun∣ty with his sword naked in his hand, he may follow him, & assault him, and beat him, and take him, 2 Ed. 4.7. If the sherif come to arrest one, and he slie into another County, there he may freshty pursue and arrest him, 11 Ed. 4.9. The sherif or officer may break a house to take a Felon, but he cannot break a house to arrest one upon a Capias in Debt or Trespasse, 13 Ed. 4.8.

The sherif upn a Fieri facias cannot break a doore or chest to take goods in Execution, for if he doth, Trespasse lieth for the breaking onely, 18. Ed. 4.4.

Trespasse against the sherif for taking of goods, he may iustifie for that the Exigent of Felony was awarded to him, and that he took them, and he might iustifie for that, though that he doth not say, that he accounted to the King, but a Capias ad satisfaciendum is conditionall, 3 H. 7.3.

If the Sheriffe attach a Cow, by the attachment, the property of the Cow is not out of the party, till the day that he maketh default: and if at the day he maketh default, he may take that as a forfeit, although he leave it with the party, 9 H. 7.6. and 34. H. 6.53.

Capias for Felony, the Sheriffe returns Cepi corpus, and hath not the body at the day, by which he was amerced a hundred shillings for the escape, 40 Assise. 43.

See the sherif may serve a VVrit as it seemeth with three hundred men if need be, 3 H. 7.1.

Notes

• West. 2. cap. 35.
• False Re∣turn.
• Tarde.
• Mandavi Balivo.
• Aver∣ment,
• Authority of the Sheriff.
• Appea∣rance.
• Attach∣ment.
• Amend∣ment.
• Aver∣ment.
• Clerk.
• Dutchy.
• Church.
• Inquest.
• False Re∣turnes.
• Felony.
• Fieri fa∣cias.
• Incertain, & where not.
• London.
• Mandav. Balivo.
• None comes for the Plain∣tiffe.
• Names of the Sherif
• Pledges.
• Part ser∣ved by the Sheriffe.
• Posse Co∣mitatus.
• Quare impedit.
• Rescous.
• Scire fac.
• Summons in the Land de∣manded.
• Spirituall
• Tarde.
• Testa∣tum,
• Visne.
• Venire facias.
• Sheriffe.