[17] Published by Prynne under the name of Sir Robert Cotton, but said to have been actually compiled by William Bowyer, keeper of the records in the Tower in the time of Queen Elizabeth.
CHAPTER II.
OF THE LIBERTY OF Retorna Brevium, OR RETURN OF WRITS.
Roll of Liberties.
Non omittas.
By W. 2. c. 39. The treasurer of the exchequer shall deliver in a roll all the liberties in all shires that have return of writs. And if the sheriff answer that he hath made return to the bailiffs of any other liberty than is contained in the said roll, the sheriff shall be forthwith punished as a disheritor of the King and his crown[18]. And if peradventure he answer that he hath returned the writ to the bailiffs of some liberty that indeed hath return who hath done nothing therein[19], the sheriff shall be commanded that he shall not omit by reason of the aforesaid liberty, but that the Kings precept shall be executed; and that he make known to the bailiffs to whom he returned the writ that they be at a day contained in the writ to answer why they have not made execution of the Kings precept. And if they come at the day and acquit themselves that return of the writ was not made to them, the sheriff shall be forthwith condemned to the lord of the same liberty, and likewise the party grieved by the delay in restitution of damages. 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. Of returns which shall be made to sheriffs by bailiffs of such franchises as have full return of the Kings writs, an indenture shall be made between the bailiff of the franchise by his proper name, and the sheriff by his proper name. And if any sheriff change the return so delivered to him by indenture, and thereof be convicted at the suit of the lord of the franchise, of whom he shall have received such return, if the lord shall have sustained any damage, or his franchise be imblemished, and at the suit of the party who shall have sustained damage by that occasion, he shall be punished on behalf of the King for his false return, and render to the lord and to the party double damages.
Prescription.
Return of writs may be claimed by prescription as appertaining to a manor. But more especially may it be claimed as appertaining to an honour. Hardres. 423.
Escheat,