By 15 H. 6. c. 5. no sheriff, bailiff of franchise, or coroner in actions or writs of attaint of plea of land of the yearly value of 40s. or more, or action of detinue of deeds concerning lands or tenements of like value or more, or personal, whereof the judgement of the recovery shall extend to the sum of 40l. shall return or impanel in any inquisition or inquest, any persons but such as be inhabiting within his bailiwick, which have estate of fee simple, fee tail or freehold in lands and tenements of the yearly value of 20l. or more, nor shall return in the Kings court less issues in the said action of attaint than 40s. at the first writ of distress, and 100s. at the second writ of distress, and the double of every other writ of distress against the persons impaneled and returned to be sworn in the same actions (upon pain of 10l. to the King and 10l. to the plaintiffs. Remedy if there be not sufficient men in the franchise who have lands of the yearly value of 20l.)
By 23 H. 6. c. 9. sheriffs, undersheriffs, bailiffs of franchises, nor any other bailiff, shall return upon any writ or precept to them directed for returning any inquests or any panels thereupon to be made, any bailiffs, officers, or servants to any of the officers aforesaid, in any panel by them to be made; nor shall take any thing by colour of his office for the making of any return or panel, and for the copy of any panel but 4d.
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.)
By § 2. upon every first writ of habeas corpora or distringas with a nisi prius delivered of record to the sheriff or other minister or ministers to whom the making of the return shall appertain, [such sheriff, &c.] shall return in issues upon every person impanelled and returned upon any such writ at the least 10s. and at the second writ 20s. at the least, and at the third writ 30s. and upon every writ further double the issues last afore specified, until a full jury be sworn, or the process otherwise determined, upon pain of 5l.
By 27 Eliz. c. 7. no bailiff of any liberty, nor any his or their deputy or deputies, shall of himself return any juror, or deliver to the sheriff, his undersheriff, deputy or deputies, the names of any persons to be returned upon any panel or jury, without the true addition certified under his or their hands to the sheriff, of the place of dwelling or abode of every person so to be returned at the time of the said return, or within one year next before the said return, or some other addition by which the party returned may be known.
By 4 & 5 W. & M. c. 24. § 15. all jurors (other than strangers upon trials per medietatem linguæ) who are to be returned for trials of issues joined in any of the courts of Kings Bench, Common Pleas, or Exchequer, or before justices of assize, or nisi prius, oyer and terminer, gaol delivery, or general quarter-sessions of the peace in any county of the realm, shall have in their own names, or in trust for them within the same county, ten pounds by the year at least above reprizes, of freehold or copyhold lands or tenements, or of lands and tenements of ancient demesne, or in rents, in feesimple, feetail, or for the life of themselves or some other person; and that upon every writ of venire facias the sheriff, coroner, and other ministers, unto whom the making of the panel shall appertain, shall not return in any such panel any person unless he then have 10l. by the year at least as aforesaid, in the same county where the issue is to be tried; upon pain to forfeit for every person, &c. the sum of 5l.
By § 16. no sheriff or bailiff of any liberty or franchise, or any of their ministers, shall return any such person or persons as aforesaid, to have been summoned by them, unless such person and persons shall have been duly summoned, by the space of six days at least before the day on which they ought to make their appearance; nor shall directly or indirectly take money or other reward to excuse the appearance, of any juror, by any of them to be summoned or returned, upon pain to forfeit for every such offence the sum of 10l. [Continued by 7 & 8 W. 3. c. 32. 9 G. 1. c. 8. § 2. EXP.]
By 7 & 8 W. 3. c. 32. § 4. all constables, tything-men and headboroughs of towns in each county, or their deputies, shall yearly at the general quarter-sessions of the peace to be holden for each county, riding or division, in the week after the feast of St. Michael the arch-angel, upon the first day of the said sessions, or upon the first day that the said sessions shall be held by adjournment at any other particular division or place, return and give a true list in writing of the names and places of abode of all persons within the respective places for which they serve, qualifyed to serve upon juries, with their titles and additions, between the age of one and twenty and the age of 70 years, to the justices of the peace in open court; which said justices, or any two of them, at the said sessions, shall cause to be delivered a duplicate of the aforesaid returned list, by the clerks of the peace of every county or riding, to the sheriffs or their deputies, on or before the first day of January next following, and cause the said lists to be fairly entered into a book, by the clerk of the peace, to be by him provided and kept for that purpose, amongst the records of the said court of sessions; and no sheriff shall impanel or return any person or persons to try any of the issues joined in any of the courts [of K. B. C. P. or E.] or to be or serve in any jury at the assizes, sessions of Oyer and Terminer, gaol delivery, or sessions of the peace that shall not be named or mentioned in the said list.
By § 5. every summons of any person qualifyed to any of the aforesaid services shall be made by the sheriff, his officer or lawful deputy, six days before at the least, shewing to every person so summoned the warrant under the seal of the office wherein they are nominated and appointed to serve; and in case any juror so to be summoned be absent from the usual place of his habitation at the time of such summons, notice of such summons shall be given by leaving a note in writing, under the hand of such officer, containing the contents thereof, at the dwelling-house of such juror, with some person there inhabiting the same[43]. [Made perpetual by 6 G. 2. c. 37.]
By 4 Ann. c. 16. § 6. every Venire facias for the trial of any issue in any action or suit in any of her Majestys courts of record at Westminster shall be awarded of the body of the proper county where such issue is triable. But