And this inquiry was by virtue of 20 E. 3. c. 6. whereby it is ordained, that the justices assigned to take assises shall have commissions sufficient to inquire in their sessions of sheriffs, escheators, bailiffs of franchises, and their under-ministers, &c. and of the gifts, rewards, and other profits, which the said ministers do take of the people to execute their office, and that which pertaineth to their office, and for making the array of panels, putting in the same suspect jurors and of evil fame, &c. and to punish all them which thereof shall be found guilty according as law and reason requireth, as well at the Kings suit as at the partys.
Account.
By stat. de Scac. 51 H. 3. st. 5. § 1. all sheriffs, fermors, bailiffs of franchises, and other who ought to come to the profer in the exchequer the morrow of St. Michael and the morrow of the clause of Easter, to pay their farms, rents and issues which belong to the King, shall come at the aforesaid terms, and there bring in full the aforesaid farms, rents and issues, and pay them into the exchequer. And if any fail to pay fully what he ought to pay as before is said, his body to remain without departing till he have paid or made agreement. And he who shall not come at the aforesaid terms shall be amerced according to the usages of the exchequer. And at the same terms the sheriffs and bailiffs shall bring their monies, and shall pay into the exchequer what they have received at the summons of the exchequer and the other debts of the King, and of all the things aforesaid, shall be ready and prepared to make account.
By § 2. all the bailiffs of franchises who ought to levy the debts of the King, and shall be answerable to the sheriffs at their commandment according to the estreats of the summons of the exchequer, shall come and answer sufficiently. And those who shall not, their bodies shall remain in custody of the sheriffs; and the sheriffs, for their defaults, shall send to levy the debts by their own bailiffs wherever they can, as they have used to do in time passed. And if the bailiffs do not come to answer at the day, the sheriffs shall let them know, the sheriffs shall enter into the franchise, and cause the debts to be levyed by their own bailiffs.
By § 7. when a sheriff or bailiff hath begun to account, no other shall be received to account until the first that is appointed hath fully accounted, and that the sum be received.
By § 9. about the feast of St. Margaret before the Exchequer be closed, they shall every year narrowly search and see if a sheriff or other bailiff who ought to have accounted that year have not. And if he be a sheriff, &c. And if he be another bailiff he shall be summoned or distrained that he come at a certain day to account, so that no account be suffered to sleep.
Estreats.
By 42 E. 3. c. 9. estreats shall not be doubled by the sheriffs, but the copy of the estreats wherein they touch the franchises of lords shall be delivered to the bailiffs of the franchises under the seal of the sheriff, and the same bailiffs shall yield their account in the Exchequer by the same copies and no other.
Bailiffs of the
Savoy, and Borough
of Southwark.
By 8 & 9 W. 3. c. 27. § 15. it shall and may be lawful for any person or persons, who have or hath any debt or debts, sum or sums of money due or owing to him from any person or persons who shall be and reside within the White-Friers, Savoy, Salisbury Court, Ram Alley, Mitre Court, Fullers Rents, Baldwins Gardens, Montague Close, or the Minories, Mint, Clink, or Deadmans Place, upon legal process taken out against such person or persons, to demand and require the sheriffs of London and Middlesex, head bailiff of the liberty of the Duchy of Lancaster, or high sheriff of the county of Surrey, or bailiff of the liberty of the borough of Southwark for the time being (as the case shall require, if the plaintiff think it requisite) or their respective deputy or deputies, officer or officers, to take and they are thereby enabled respectively to take the posse comitatus or such other power as to them shall seem requisite, and enter the said pretended privileged places, and to arrest, and in case of resistance or refusal to open the doors, to break open any door or doors to arrest such person or persons upon any mesne or other process, extent or execution, or to seize the goods of any such person or persons upon any execution or extent. (Penalty on the officer, for neglect or refusal to execute process, 100l. and on those who resist him 50l. each, commitment to gaol, and, on conviction, imprisonment and pillory, and for rescuing a prisoner 500l. and, on nonpayment within one month after judgement, transportation, and on inhabitants concealing any guilty of rescous, transportation, unless they pay the whole debt and costs.)