Joseph Ritson

“ If a man be in prison for execution in a county or in a liberty, the gaoler cannot bring him out of the county or liberty, unless in special case; and if he does it the prisoner may have action of false judgment, unless he has special authority, as by privy seal to be at Westminster, or the like. ”

“ If a man be amerced in the Kings leet, and upon process out of the exchequer the bailiff distrains him for the amercement, and he brings trespass, he ought to bring this action of trespass in the office of pleas of the exchequer, for the bailiff levyed it as officer of this court. ”

“ If the sheriff command the bailiff of the franchise, who arrests the defendant and sends him to the sheriff, if the sheriff return no writ, the bailiff shall not be charged, for the arrest of the bailiff of the franchise was lawful, and it shall be against reason that the non-return of the sheriff should prejudice him. ”

“ 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. ”

“ If bailiff do any thing which touches his bailiwick, as payment of rents and such like, which are due in right of the manor, it is reasonable that he should have the averment, but of a thing which doth not touch his bailiwick it is not reasonable that he should have the averment without warrantry. ”

“ Little can, and less need be said in favour of a work which has no obligations either to genius or to judgement: some labour, however, has undoubtedly been exerted in the compilation, which, should it have the good fortune to prove so far serviceable to those whom it most concerns, as to render the discharge of an ancient and honorable office an object of less difficulty or hazard, the 'compiler' will not have reason to regret. ”

“ 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. ”

“ The sheriff presided as judge in the folkmote or leet of the county, the bailiff in that of the hundred or manor. The former sat as principal executive officer of the County Court; the bailiff, of the Court Baron; the freeholders or suitors being the judges in each to this day: and though both seem to have been {xiv} anciently considered as the Kings courts, yet offences were in one alledged to be contra pacem ballivi, and in the other contra pacem vicecomitis [10] . ”

“ In the Auctarium Additamentorum to Watts's edition of Matthew Paris is a warrant from the sheriff of Essex and Hertford to the bailiffs of the liberty of St. Albans, reciting a writ to the sheriff to summon the knights and freeholders of the said counties, &c. to be before the Kings commissioner with an express non omittas in case of the default of the bailiffs of liberties; which proves that the writ for the King was not at that time (37 H. 3.) a non omittas of itself. ”

“ Where a man justifies distress as the Kings bailiff of his manor, for rent or services arrear, and prays aid of the King, he shall have it without shewing patent how he is made bailiff, for he claims to the use of the King ”

“ A capias ad respondendum was directed to the sheriff of Middlesex, who made a mandate to the high bailiff of Westminster, and defendant was charged in custody therewith, and afterwards escaped from the keeper of the Gatehouse, which is the prison for the liberty of Westminster, to which prison the high bailiff is obliged to carry his prisoners within 24 hours after arrest. The high bailiff being called upon for a return of the mandate, returned cepi corpus, and that Waldron remained in the custody of the keeper of the Gatehouse. ”

“ He is not servant to the sheriff, nor is any way subject to him (having as good authority in his office, and being as ancient an officer as himself) .
Upon an issue the sheriff returned to the Venire Facias, and to the distress, as to 4 jurors he returned the writ served, and as to the remainder he returned mandavi ballivo de B. qui nullum, &c. Fortescue prayed that the sheriff should be amerced, for no writ may be returned by two ministers s. part by the sheriff and part by the bailiff. Newton, e contra. And afterwards, by advice of all the justices, the sheriff was amerced. ”

“ 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. ”

“ 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. ”

“ When the King grants any privileges, liberties, franchises, &c. which were privileges, liberties, or franchises in his own hands as parcel of the flowers of his crown, as bona et catalla felonum fugitivorum utlagatorum &c. bona et catalla waviata, extrahur; deodanda, wreccum maris, &c. within such possessions, there if they come again to the King, they are merged in the crown, and he has them again in Jure Coronæ; and if the wreck, or goods waifed, estrays, &c. were appendant before to possessions, now the appendancy is extinct, and the King is seised of them in Jure Coronæ. ”

“ Albeit divers lords of liberties have custody of the prisons and some in fee, yet the prison itself is the Kings pro bono publico; and therefore it is to be repaired at the common charge; for no subject can have the prison itself. 2 Inst. 589.
None can claim a prison as a franchise, unless they have also a jail-delivery of felony, which the dean and chapter of Westminster hath not, and therefore ought to send a calendar of 'prisoners' to Newgate, or return the Habeas Corpus to B. R. with a claim of their franchise. ”

“ 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.) ”

“ It seems that the writ shall abate, and that he shall be put to several writs, and namely where he may sever the thing, &c. for otherwise it will follow that the bailiff of the franchise shall never serve a writ, for a man may always put in the writ, part of the land gildable, &c. ”

“ Therefore because the distress with proclamation is a thing entire, he ought to have entered the franchise and served the whole writ himself: and Rikhill and Tirwit e contra and that he did well, as in a præcipe quod reddat of land, part in guildable, and part in franchise, the sheriff shall make precept for parcel, and shall serve the rest himself. 2 H. 4. 1. Br. Ejectione Custodie. 1.
If a distress with a proclamation be granted, and the defendant hath nothing but within a franchise, the sheriff shall make proclamations in the county, and the baily of the liberty shall distrain him. ”

“ Summoning persons
contrary to
7 & 8 W. 3. c. 32.
By 7 & 8 W. 3. c. 32. § 6. if the sheriff, his deputy or deputies, bailiff or bailiffs, shall summon and return any freeholder or copyholder, to 'try any issues joined in any of the courts [of K. B. C. P. or E.] or to be or serve on any jury at the assizes, sessions of oyer and {66} terminer, gaol delivery or sessions of the peace', otherwise than as 'directed by this act,' (See B. II. C. 5.) ”

“ Where bailiff of franchise [under 23 H. 6. c. 9.] takes bailbond, to himself, by the name of his office, sufficient in pleading to shew generally that he is such a person as had authority to take bail. Comyns, 380.
{73} Debt upon bond by the plaintiff who was chief bailiff of the liberty of Pontefract in Yorkshire, but he did not declare as capital' ballivus, but yet by the whole court it was held good; for otherwise the defendant might have craved oyer, and have [had] it entered in hæc verba, and then have pleaded the statute of 23 H. 6. ”

“ If the King make one his bailiff of his manor, to which manor waif, stray and leet are appendant, by patent, in this case the bailiff shall have the waif, stray and leet, because he occupies in right of the King, and he shall account to the King; and therefore this is an advantage of the King, for which reason the bailiff shall have all. 8 H. 7. 3.
Corporation.
Corporation having return of writs may make bailiff (to execute them) without writing, by parol. Moor, 552.
Bailiff for life.
But a man may not make bailiff or steward for life, or in fee, without deed. 21 H. 7. 36. ”

“ 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. ”

“ And if the bailiffs come not at the day, or come and do not acquit themselves in manner aforesaid, in every judicial writ, so long as the plea endureth, the sheriff shall be commanded that he omit not because of the liberty, &c.
That the statute, in this respect, was little more than a declaration of the common law, appears from Bracton. l. 5. c. 32.
Indenture.
By 12 E. 2. c. 5. ”

“ 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. ”

“ He may do any thing for his masters benefit, but not to his prejudice without his assent. Cro. Jac. 178.
And therefore he cannot give seisin of rent, nor exchange the lords land. (41 E. 3. 26) Cro. Jac. 178.
Distress for
amerciament.
Bailiff without special warrant from the steward cannot distrain for amerciament in a leet. Moore, 607. 574.
Popham said, that defendant as bailiff of the manor cannot distrain for amerciament by reason of his office without an especial warrant from the steward or lord, no more than a sheriff may levy amerciaments of B. R. without warrant. ”