Selected quad for the lemma: kingdom_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
kingdom_n britain_n king_n time_n 2,098 5 3.6726 3 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A34174 The compleat sheriff wherein is set forth, his office and authority, with directions, how and in what manner to execute the same, according to the common and statute laws of this kingdom, which are now in force and use, and the judgments and resolutions of the judges in divers late cases, in the several courts of Westminster, relating thereunto : likewise of vnder-sheriffs and their deputies, and where the high-sheriff shall be answerable for their defaults, and where not, &c. : together with the learning of bail bonds, with an explication of Stat. 23 H.6. cap. 10 and pleadings thereon : retorns of writs, remedies against non retorn and faux retorn, Habeas corpus, Venires, challenges and enquiry of damages, prisoners and prisons, execution by fieri fac, elegit, &c. : escapes, actions and pleadings therein, fresh pursuit, and other pleas, attachment, americament : actions, declarations and pleadings on the sheriffs nonfesance or male-fesance : customs of London, as to prisons, courts, process, sheriffs fees, extortion, sheriffs accompts, &c, : to which is added The office and duty of coroners. 1696 (1696) Wing C5653; ESTC R1060 279,424 488

There are 2 snippets containing the selected quad. | View lemmatised text

beneficiatus and of other Retorns as to Clerks The Sheriffs Office in a Quare Impedit The Sheriffs Duty at the Assizes and at the General Quarter Sessions of the Peace The Sheriffs Office as to Election and Retorning of Burgesses and Knights to the Parliament The Form of the Indenture for the Knights of the Parliament and for the Burgesses The Sheriffs Retorn of the Writ for Electing Parliament Men. CHAP. XXIX Customs of London as to Officers Prisons Courts Process Of the Sheriffs Court How to Lay the Custom of the Sheriffs Court The difference between the Mayors Court and the Sheriffs Court Sheriffs Court when kept The manner of Entring Actions in the Compters CHAP. XXX The Sheriffs Duty as to the Assizes And as to the Sessions of the Peace CHAP. XXXI Of Sheriffs and Officers Fees Of Security and Remedy for Fees What Security the Sheriff may take for Fees or not What Remedy the Sheriff shell have for his Fees Where the Sheriff shall not take Fees What shall be said Extortion in Sheriffs and Gaolers and how punishable What shall be a good Consideration in Assumpsit CHAP. XXXII Bonds or Covenant between the High-sheriff and Vnder-sheriff or other Officers What shall be good in Law or not And when said to be Forfeited or not CHAP. XXXIII Of Sheriffs Accompts CHAP. XXXIV Of Coroners How the Coroners must be Chosen and the Credit the Law gives to them and how and when they shall be discharged The Coronors Demeanor as to Outlawries Coroners Inquest THE OFFICE AND DUTY OF SHERIFFS c. CHAP. 1. Of Counties When the Realm was divided into Counties Vicecomites Notatio nominis Sheriffs eligible in former Times How made at this Day The Sheriffs Honour Power and Priviledge His Office not apportionable What he may do as Conservator Pacis How favoured in the Execution of his Office Of his Assistance In what Things and Cases he is restrained THE Sheriff and the County being Correlata I shall first give a few Observations about Counties what they were Originally Counties a word taken from the French or Counties Shires a word taken from the Saxons are certain Circuits and Parts of the Kingdom into which the whole Realm was divided for the more convenient Government thereof and is Governed by a yearly Officer which we call SHERIFF which is compounded of two Saxon words Shine and Reeve Reeve signifying Praepositus or Governour As for the Time when and by whom this When this Realm was divided into Counties 1 Inst 168. Realm was divided into Counties Authors seem to differ Coke on Littleton fo 168. holds that they were divided by the Britains but it is generally held as Ingulph c. that they were divided by King Egbert or Aelfred But tho' Egbert united the Heptarchy yet he was not the first that divided the Kingdom into Counties nor Aelfred neither as some imagine For as Mr. Selden observes about the Year 700 an hundred years before Egbert one of Ina's Laws was If any 〈…〉 man i. e. Sheriff were guilty of an Escape perdat Comitatum suum Therefore Ingulphus meant that King Elfred did divide it into Hundreds or else made a more punctual Division than was before Now it appears that the Earls of the Counties had the custody and guard of the Counties long before the Conquest and when the Earls left their Custodies then was the Custodies of Counties committed to Viscounts and they are thereupon called Vicecomites Comites Vicecomites quia vices Comitis supplent And we seem to derive all this from the Romans for what we call Comitatus was by them called Consulatus and what the Saxons afterwards called Sh●ieve or Earl the Romans called Consul and the Sheriff was Deputy of the Consul or Earl and the Romans called him Viceconsul 1 Inst. 168. Dugdale Antiq. War Pref. In 2 Bulstr Chune and Pyots Case Coke arguendo seems to be of Opinion that there were no Earls before the Conquest But the meaning is there was no Hereditary Earl but he that had the Office had it at the pleasure of the King For in the Preface to his Reports the Third Part he is of Opinion there were Sheriffs 3 Rep. Pref. time out of mind before the Conquest and if so then Earls were He gives an undeniable Argument for that the Trials per Juries which were always Returned by the Sheriffs were before the Conquest even as appears by Doomsday-Book Now we know that Viscounts were not Created Viscounts Original till the Time of H. 6. Sed distinguendum c. Viscount signifies a Title of Honour or an Office of Trust As a Title of Honour it is of late standing but as an Office of Trust viz. for the Government of the County it was time out of mind And this difference I ground upon Cambden in his Britannia Viscount saith he haec vetus Officii sed nova Dignitatis appellatio 9 Rep. in fine de Lewes's Case The Sheriff at Common Law was Eligible by Sheriffs in Ancient times Eligible by the County the County as the Coroner is at this day and then by the Death of the King his Office was not determined no more than the Coroners are now 2 Brownl 282. Chamberlain and Goldsmith But by Stat. 14 Ed. 3. c. 7. 21 H. 8. c. 20. the Judges are to nominate Three persons of every How Chosen at this day and when County to be presented to the King that he may prick one of them which by the Statute is to be done 3 Novemb. being Crastin Animarum and yet An. 16 Car. 1. because the 3d of November was the first day of the Parliament and the Lords were to attend upon the King it was Resolved by the Judges that it might be well put off till another day and the Lord Keeper deferred it till the 6th of November Cro. Car. 595. But the Statute of 9 Ed. 2. restrains not the King's Power at Common Law but the King may constitute a Sheriff without Election or grant it in Fee and he may still make Sheriffs without the Judges Dyer 225. for all Acts of Dyer 225. Acts of Grace how to be construed Grace flow from him As Dyer 211. the Commission of Trial of Piracy upon the Statute of 28 H. 8. is good tho' the Chancellor does not nominate the Commissioners as the Statute appoints c. And the Reason is given by my Lord Hobart Hob. 14. b. Colt and Glover's Case 214. These Statutes and the like were made to put things in ordinary Form and to ease the Sovereign of Labour and not to deprive him of Power The Election being meerly in the King and the Office Ministerial only I will now set down some General Observations The Honour Power and Priviledge of Sheriffs of the great Honour Power and Priviledge of Sheriffs and wherein and by what Acts he is restrained One calls it Judiciaria dignitas Fortescue saith that Vicecomes is Nobilis Officiarius In
Where and what cases the Sheriff shall be amerced 377 Of Appearance on Bail Bond 92 93 What Appearance to a Sheriffs Bond good 99 110 Appearance of the party cures the Retorn of one that was not Sheriff 110 Arrest What Arrest is good or not as to the manner of doing it 80 What is good in respect of the time of the Arrest 81 In respect of the Warrant vide Warrant 86 In respect of the persons Arrested and who are priviledged or not 82 Arrest after a Supersedeas 360 Attachment The Nature of it 375 Against the Sheriff in what cases ibid. Against others 376 On Attachment the Sheriff ought to Retorn the certainty of the Goods and why ibid. On Attachment of Money in the Sheriffs hand 376 Assize Retorn of the Writ 402 Assumpfit and Consideration about paying Fees What shall be godo or not 121 Promise to procure Goods to be found by Inquisition 255 One part of a Promise unlawful makes all vicious ibid. In Consideratin of making one especial Bayliff a Promise to save harmless from Escapes 8 57 Assumpsit for paying the Sheriffs Fees what good or not 422 Sheriffs Duty as to the Assizes and Sessions 211 Audita Querela Writ of Audita Querela as to the Form 244 Where Audita Querela lies on Escape out of Execution or not ibid. Outlawry pleaded to Audita Querela 245 Where it lies on Escape as to Mean Process 311 Delivery upon a void Audita Querela whether it be an Escape or not 302 Averment against the Sheriffs Retorn where good or not 157 B BAil The Custom of the Court as to putting in Bail 92 Bailing is the Act of the Court and the Consequence ibid. One in Execution in the Custody of the Marshal not compellable to find Bail if another Action be brought against him Alitèr as to the Fleet 93 Who to take Bail in London ibid. Bail for one taken by Cap ' Excommunicat ib. Scire fac ' on the Escape of the Bail vid. Escape Scire fac ' and Retorn of it against the Bail 93 Bail de bene esse what 95 The Statute of 23 H. 6. c. 10. of Bail Bonds explained ibid. The Form therein to be observed ibid What Bond good within that Statute or not 97 98 Pleadings upon that Statute 105 The advantage of Pleading this Statute lost by Demurrer 113 Of Sheriffs Retorns on Bayl Bonds 111 Of Sureties on Bail Bonds 103 Of Bail Bonds being Discharged or Assigned 114 The Sheriff not to take above 40 l. Bail how understood 122 In what Cases the Sheriff may Bail or not ibid. Actions on the Case against the Sheriff for holding to extrordinary Bail ibid. Bayliffs of Hundred their Nature and Office 43 Not to be prejudiced by the Non Retorn of the Sheriff ibid. To take the Oath of Allegiance 44 Special Bayliff What and how they stand in Eye of the Law 45 Bayliff of Franchises 46 What Bonds for appearance they may take ibid. To what their Office extends not 47 Of their Retorns to the Sheriff 48 Where and in what Cases the Sheriff may enter their Franchise 49 Bayliff of a Franchise not to take benefit of his own Liberty 49 Pleadings by Bayliffs of Franchises ibid. Bayliffs of Fee or Guildable vid. Retorn 51 52 Bonds Bail Bonds vide supra Other Bonds and Covenants entred in to the Sheriffs what shall be good or not 116 Bond to be a true Prisoner and the Pleading 117 For Chamber Rent 121 Bonds or Covenants between the High-sheriff and his Officers 424 Baron and Feme How the Husband is to be charged on the Conversion of the Wife upon a Special Verdict 303 Debt lies on Escape of the Wife C. Capias ad Satisfaciend ' what 211 Against whom and for what it Lies ibid. Of the Sheriffs Demeanor therein ibid. Of the Retorns upon it 212 Ca. sa after a Fieri fac ' ibid. Of Escape of one in Execution by Ca. sa vid. tit Escape 10 Cap ' ad Sat. against the Kings Debtor in Execution 212 Retorn on Fieri fac ' Quod Clericus est beneficiatus 114 211 Where a Ca. sa shall be after an Elegit 252 Of the Retorn of Clericus Benificiat ' 401 404 Courts Diversity where a Court has Jurisdiction of the Cause and where not 308 Cause of Action must be alledged to arise in an Inferior Jurisdiction 309 Where and how the Jurisdiction ought to be set forth or not 175 Where one is arrested in an Infetior Court when Cause of Action does not arise there Action lies against him that levied the Plaint and not against the Officer 363 Justification by Process out of an Inferior Court of Record how to be pleaded 364 Retorns from inferiour Courts vid. Retorn County When the Kingdom divided into Counties 2 Notatio Nominis Viscounts of two sorts and the Original 2 3 County Court incident to the Office of Sheriff the Style of it who are Judges 53 Jurisdiction of it 54 As to the Summs it holds Plea of 55 As to the time ibid. As to the place 96 The Process in the County Court ibid. Of the County Clark 58 Colore Officij how to be taken 104 Challenge The several sorts 184 What 's a good Cause of Challeng or not 185 Difference between a Covenant and a Bond Covenants entred in to the Sheriff 424 Of Coroners How chosen and their Demeanor c. 430 Action on the Case Against the Sheriff on Escapes 382 Against the Sheriff for holding to unreasonable Bail 381 For imbesiling an Exigent ibid. For entring into a Franchise or Corporation which had Retorna Brevium ibid. For not delivering a Super sedeas to the New Sheriff ibid. Against an Under-sheriff for concealing a Writ 382 Against the Sheriffs Deputy for Substracting a Writ ibid. For refusing sufficient Bail 383 For not bringing Mony into Court levied by Fieri fac ' 383 Pro vicount ' if the Conusee sue an Extent and refuse a Liberate to the intent to defraud him of his Fees 217 Vide Retorn Vide Rescous D. THE Form and Manner of the Sheriffs Discharge 20 23 Delivery of Prisoners and of the Old and New Sheriff 21 22 Delivery of Prisoners and Writs by the Old Sheriff to the New and how to be made ibid. Till what time the Old Sheriff or his Officers may act 20 25 The Form of the Indenture for setting over Prisoners 24 What Acts may or must the Old Sheriff do after he is discharged 25 26 What remedy against him for a Misdemeanor in his Office after his Office 26 Of the Sale of Goods on Fieri fac ' after the Old Sheriffs Discharge ibid. The Form of Pleading the Removal of one Sheriff and the Election of another ibid. Sheriffs Deputy 27 33 Pleading by him ibid. Of Rescue from him ibid. Distringas Juratores 167 Declaration in Action on the Case for the Sheriffs Fraudulent omission of Execution of Goods 219 The Course of Declaring in B. C. Declaration on Escape or Cap.