The Office of Bailiff of a Liberty

by Joseph Ritson

Distress.

By 51 H. 3. st. 4. (De Districtione Scaccarii) When a sheriff or other the Kings bailiff doth take the beasts of another for the Kings debt, or any other cause, they to whom the beasts belong may feed them without disturbance so long as they be impounded, without giving any thing for their keeping. And the beasts, nor no other distress taken for the Kings debt, nor for any other cause be given, nor sold within fifteen days after the taking. And if any bring the tally of a payment made in the exchequer the distress shall cease. And if he bring the tally of any sheriff or bailiff of payment made to him of the thing demanded, and will find pledges to be at the exchequer at the next account, to do what shall be right, then the distress shall cease. 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. And that the distresses be reasonable after the amount of the debt or demand according to reason and not outrageous. Howbeit all sheriffs and bailiffs who have received the Kings debts of the summons of the exchequer, and have not acquitted the debtors thereof at their next account, shall be punished according to the statutes lately made.

Replevin.

By Stat. de Marleberge 52 H. 3. c. 21.[48] if the beasts of any man be taken and wrongfully withholden, the sheriff after complaint made to him thereof, may deliver them without let or gainsaying of him that took the said beasts, if they were taken out of liberties. And if they were taken within liberties and the bailiffs of the liberty will not deliver them, then the sheriff for default of those bailiffs shall cause them to be delivered.

By W. 1. c. 17. if any take the beasts of others and cause them to be driven to a castle or fortress[49], and there within the close of such castle or fortress detain them against gage and pledge, after the beasts shall be solemnly demanded by the sheriff or by the Kings bailiff, at the suit of the plaintiff, the sheriff or bailiff taking with him the power of his county or of his bailiwick[50] shall assay to make the replevin of the beasts from him that took them or from his lord, or from others of the men of his lord whatsoever they be, found in the place where the beasts were chased; and if any deforce him of the deliverance of the beasts, or that no man be found for the lord, or for him that took them, to answer and make the deliverance after the lord or taker shall be admonished thereof by the sheriff or bailiff, if he be in the country or near or there whereas he may be conveniently warned by the taker or any other of his, to make deliverance, if he were out of the country when the taking was, and did not cause the beasts to be delivered incontinent, that the King for the trespass and despite shall cause the said castle or fortress to be beaten down without recovery; and it is to wit, that where the sheriff ought to return the Kings writ to the bailiff of the lord of the castle or fortress or other to whom the return belongeth, if the bailiff of the franchise will not make deliverance after that the sheriff hath made his return unto him, then shall the sheriff do his office without further delay as is aforesaid and upon the aforesaid pain; and in like manner, deliverance shall be made by attachment of plaint made without writ, and upon the same pain.

Hue and cry.

By W. 1. c. 9. all generally are to be ready and appareled at the commandment and summons of sheriffs, and at the cry of the country to pursue and arrest felons, when need shall be, as well within franchises as without. And if default be found in the lord of the franchise, the King shall take the franchise to himself; and if the default be in the bailiff he shall be imprisoned one year, and after be grievously fined, and if he hath not whereof to be fined he shall be imprisoned two years: And if sheriffs, coroners, or other bailiffs, within franchise or without, conceal or consent or procure to conceal the felonies done in their bailiwicks, or that they will not attach or arrest the misdoers where they can, &c. and be attainted thereof, they shall be imprisoned for one year and after be grievously fined, and if they have not whereof to be fined, shall be imprisoned for three years.

By Stat. de Wynton 13 E. 1. st. 2. c. 6. sheriffs and bailiffs within franchises and without, higher or lower, and that have any bailiwick or forestry in fee or otherwise are to take good heed that they follow the cry with the country, and that they have horses and armour to do it.

If bailiffs of liberties have come at the hue levyed according to this statute is one of the articles of inquiry thereupon. 34 E. 1. st. 2.

Names to returns.