least, except such as be Witnesses in Deeds or other Writings, whose Presence is necessary, so that they be able to travel. What Sort of Persons shall be returned in great Assises.(8) [1]Neither shall this Statute extend to great Assises, in which it behoveth many Times Knights to pass not resident in the Country, for the Scarcity of Knights, so that they have Land in the Shire. (9) And if the Sheriff, or his Undersheriffs, or Bailiffs of Liberties, offend in any Point of this Statute, and thereupon be convict, Damages shall be awarded to the Parties grieved, and they shall nevertheless be amerced to the King. [2](10) And Justices assigned to take Assises, when they come into the Shire, shall have Power to hear the Plaints of all Complainants as to the Articles contained in this Statute, and to minister Justice in Form aforesaid.
- ↑ Kel. 97.
- ↑ 8 Ed. 3. f. 30.
CAP. XXXIX.
The Manner to deliver Writs to the Sheriff to be executed. The Sheriff returneth a Liberty where none is. Returning of Issues. Resistence of Execution of Process.
How Writs shall be delivered to Sheriffs to be executed.FOrasmuch
[1]as Justices, to whose Office it
belongeth to minister Justice to all that sue before them, are many Times disturbed in due Execution of their Office, for that Sheriffs do not return Writs original and judicial; (2) and also for that they make false Returns unto the King's Writs; (3) our Lord the King
hath provided and ordained, That such as do fear the Malice of Sheriffs, shall deliver their Writs original and judicial in the open County, or in the ⟨
rere⟩
[2] County where the Collection of the King's Money is;
[3](4) and may take of the Sheriff or Undersheriff, being present, a Bill, wherein the Names of the Demandants and Tenants mentioned in the Writ shall be contained; (5) and at the Request of him that delivered the Writ, the Seal of the Sheriff or Undersheriff shall be put to the Bill for a Testimony, and Mention shall be made of the Day of the Deliverance of the Writ. (6) And if the Sheriff or Undersheriff will not put his Seal to the Bill, the Witness of Knights and other credible Persons being in Presence shall be taken, that put their Seals to such Bill. (7) And if the Sheriff will not return Writs delivered unto him, and Complaint thereof be made to the Justices, a Writ judicial shall go unto the Justices assigned to take Assises, that they shall inquire by such as were present at the Deliverance of the Writ to the Sheriff, if they knew of the Deliverance, and an Inquest shall be returned. (8) And if it be found by the Inquest, that the Writ was delivered to him, Damages shall be awarded to the Plaintiff or Demandant; having respect to the Quality and Quantity of the Action, and to the Peril that might have come to him by reason of the Delay that be sustained;
[4](9) and by this Mean there shall be Remedy when the Sheriff returneth that the Writ came too late, whereby he could not execute the King's Commandment.
The Sheriff returneth a Liberty where none is.(10) Oftentimes also Pleas be delayed by reason that the Sheriff returneth that he
hath commanded the Bailiffs of some Liberty which did nothing therein, and
nameth Liberties that never had the Return of Writs; whereupon our Lord the King
hath ordained, That the Treasurer
and Barons[5] of the Exchequer shall deliver to the Justices in a Roll all the Liberties in all Shires that have Return of Writs. (11) And if the Sheriff answer that he
Enforced by
2 Ed. 3. c. 5.
- ↑ Regist. 86.; 2 Inst. 400.; 1 Roll. 440.
- ↑ Add Rere.
- ↑ 4 Co. 65. b..
- ↑ 3 Ed. 1. c. 17.; V. N. B. f. 43.
- ↑ Not in the Original.