coke Report32b MITTONS case pasch Elizabeth in the king bench SC cite send for  t r vent Inst I e Inst sheep touch n Bl corn Cru dig vin Abr gaol b pl  incident b pl officer and office X pl m pl prerog g b pl Com dig county c Bac  Abr court baron a gaol a office and officer h l prerog d sheriff a see the  note and reference infra if the king grant to another the office of the clerk  of the county court or shireclerk of the county of S with all fee c for life  this be void against the sheriff of S when he be make sheriff because the  county court and the enter of all proceed in it be inseparable incident to the  office of sheriff and this be the in another soil but only in matter of  easement as in a way to a church or in matter of discharge as to be discharge  of toll or of tithe smith v Gatewood cro James post   b Grinstead v Martowe t  h hardy v holiday d Com dig prescription h but although inhabitant on account  of the vagueness of the description can claim a right in another solon yet the  occupier of house may by custom claim such privilege Bl Rep Selw n p in what  place a custom may be allege Inst b pound and n ib ED king as to the custom of  devise land Inst III b two ED l S p pale yellow ten Cru dig vin Abr copyhold u  d pl Bac Abr copyhold e ED m Acc post   Com dig copyhold king so by custom a  copyholder in fenny land may be entitle to dig the lord soil for turf dean of  Ely v warren atk ED n see further on the subject of copyhold post   p b   a        a       Inst I ch gilbert kitchen on court case the treatise by shepherd  Nelson fisher and Watkins Cru dig v vin Abr copyhold Com dig copyhold Bac Abr  copyhold ED note custom be always local ut above but prescription be personal  how a prescription may be lie in to hold et occupatores see salk quere the  case of Woolnough versus Webber adjudge in Trinity term Geo in c b not et  report in print and see black Com ch fol coke report a er p court of the  sheriff though the suitor be judge and the sheriff be the immediate officer to  the court and ought to answer for the record of the court if they be embezzle  so the custody of the gaol of county be inseparable from the sheriff and  therefore if the king grant the custody of such gaol to another it be void for  the sheriff be the immediate officer of the king court and answerable for  escape and subject to amerciament ought to have the appointment of such gaoler  for who he will answer queen Elizabeth by her letter patent under the great  seal constitute and grant the office of clerk of the county court or  shireclerk of the county of Somerset to Mitton with all fee c for term of his  life and afterward the queen constitute Arthur Hopton Esq sheriff of the same  county who interrupt Mitton claim that which be mention to be grant to Mitton  to be incident to his office of sheriff and thereupon be appoint a clerk  himself of the countycourt Mitton thereupon complain to the lord of the  Council who refer the consideration of the validity of the grant of the say  office to the two chief justice Wray and Anderson before who the matter be  often debate and Mittons counsel argue that the grant of the say office be  good in law for diverse reason because the county court be the queen court and  in it as to all action and proceed by justice a or other writ or by plaint the  suitor be judge b and the sheriff but minister and as to outlawry the a  coroner be judge and in proof thereof e b e a h a ass be cite and therefore it  be conclude that the queen may in her own court appoint a county clerk to  enter the judgement and proceed in the same court that Arthur Hopton who be  make sheriff after the patent can not avoid it and principal forasmuch as the  sheriff have his office but at the will of the queen which office she may at  her pleasure determine in part or in all and the queen have grant the say  office of shireclerk to Mitton for term of his life and therefore the say  sheriff shall not avoid it Mittons counsel show two or three b precedent by  which it appear that coke Report33a such office have be grant in the time of  king h and after and that be the substance of all which be say for the  maintenance of all the say letter patent and after many argument because the  case concern the validity of the queen grant the two chief justice have  conference with the other justice and upon consideration have of the letter  patent and of all that be say in maintenance of they it be resolve by all the  justice nullo to speak against or to struggle against that the say letter  patent be void in law and the reason and cause of their resolution be that the  office of a a sheriff be a ancient office which have have continuance long  before the Conquest and be a office of great trust and authority for the king  commit to he custodiam comitatus the custody and a the county court which be a  court incident to the jurisdiction of sheriff infra a be not a court of record  and therefore in general it can only hold plea of debt or damage under the  value of S Inst but it may hold plea of many real action and all personal one  to any amount by virtue of the writ of justice which be a writ empower the  sheriff for the sake of dispatch to do the same justice in his county court as  may otherwise be bad at Westminster Inst finch f n b by stat Edward c no  county court shall be adjourn long than for one month consist of day but as  proceed be removable by pone or to think over f n b finch and as a writ of  false judgement lie to the superior court from this court Inst it have now  fall into disuse Bl Com ED b that the suitor be judge though the proceed be  upon a justice send for Inst post   b Mod Bac Abr county court ED a   I a    light b Cr Elizabeth b Hardr a Davis   light a pref Rep p Cru dig Bac Abr  sheriff a infra n d     light a dalt Sher coke report a er p guard of the  county c and when the king appoint a sheriff durante bene plea d although he  may determine his office b at his pleasure yet he can determine it d see the  last note Bl Com Bac Abr officer h b kelw pl dalt Sher Bac Abr sheriff a c see  post   Inst a I dalt Sher Bl Com Bac Abr sheriff a the power and duty of a  sheriff be either as a Judge as the keeper of the king peace as a ministerial  officer of the superior court of justice or as the king bailiff in his  judicial capacity he be to hear and determine all cause of S value and under  in his county court and he have also a judicial power in diverse other civil  case dalt Sher c he be likewise to decide the election of knight of the shire  subject to the control of the house of Commons of coroner and of verderors to  judge of the qualification of voter and to return such as he shall determine  to be duly elect as the keeper of the king peace both by commonlaw and special  Commission he be the first man in the county and superior in rank to any  nobleman therein during his office roll Rep he may apprehend and commit to  prison all person who break the peace or attempt to break it and may bind any  one in a recognizance to keep the king peace he may and be bind ex duty to  pursue and take all traitor murderer felon and other misdoers and commit they  to gaol for safe custody he be also to defend his county against any of the  king enemy when they come into the land and for this purpose as well as for  keep the peace and pursue felon he may command all the people of his county to  attend he which be call the posse comitatus or power of the county and this  summons every person above year old and under the degree of a peer be bind to  attend upon warning under pain of and imprisonment saint h saint c but by the  magnacarta c the sheriff be forbid to hold any plead of the crown nor can he  act as a ordinary justice of the peace during the time of his office stat I  mary saint c in his ministerial capacity the sheriff be bind to execute all  process issue from the king court of justice and as the king bailiff it be his  business to preserve the right of the king within his bailiwick he must seize  to the kin g use all land devolve to the crown by attainder or escheat must  levy all fine and forfeiture must seize and keep all waif wreck estrays and  the like unless they be grant to some subject and must also collect the king  rend within the bailiwick if command by process from the exchequer dalt Sher c  sheriff at the commonlaw be choose by the inhabitant of the several county and  it be ordain by the stat e c that the people shall have election of sheriff in  every shire where the shrievalty be not of inheritance for ancient in some  county the sheriff be hereditary as it seem they be in Scotland till the stat  g c and still continue in the county of Westmoreland of which the earl of  thanet be the hereditary sheriff the city of London also have the inheritance  of the shrievalty of Middlesex vest in their body by charter I Bl Com the  office of sheriff may descend to and be execute by a female for whether  countess of Pembroke have the office of hereditary sheriff of Westmoreland and  exercise it in person at the assize at Appleby she sit with the judge on the  bench Inst a n that edit by the stat e saint the election of sheriff by the  people be take away and except in London and where the shrievalty be  hereditary the custom now be and have be at least ever since the time of  fortescue chief justice and chancellor to Henry the six that all the judge  together with all the other great officer and privy counsellor meet in the  exchequer yearly on the morrow of all soul since alter to the morrow of saint  Martin and then and there the judge propose three person to be report if  approve of to the king who afterward appoint one of they to be sheriff I Bl  Com fortesc c but though the king have now the sole appointment of sheriff  with the exception already mention yet it appear by the determination in the  present case that the office of sheriff be a entire thing and the king can  apportion or divide it that be be can determine it in part as for one town or  one hundred neither can he abridge the sheriff of any thing incident or belong  to his office infra and see dalt Sher coke report b er p in c part as in one  town or hundred or any other part nor abridge the sheriff of any thing  incident or appurtenant to his office for the office be entire and so ought to  continue in its entirety without any fraction or diminution unless it be by  Act of parliament or that the king make some town c a county of itself and  appoint a sheriff and all thing incident to a sheriff within the same town but  can determine the office or sheriff or any part without make a new sheriff  know for the execution and administration of justice and it be resolve that  the county court and the enter of all the proceed in it be incident to the  office of d sheriff and therefore can by letter patent be divide from it e and  although the say grant have be make to Mitton when the office of sheriff be  void yet it have be void and when the queen have appoint a sheriff he shall  avoid it f and so it be say it be adjudge in Scrogges case in the beginning of  the reign of queen Elizabeth where the case be that tempore calling of the  office of chief justice of the common plea queen mary grant e the office of  the exigenter of London to Scrogges and it be hold void because it be incident  to the office of chief justice of the common plea which the queen can not can  not have and the next c I shall avoid it and as to the first objection it be  answer that in all writ direct to sheriff concern the county court the king  say in county tuo and in all return of exigent make by he he say ad county  meum to stretch c and the style of the court prove it also and by the statute  of h cap it be provide by the king the lord spiritual and temporal and the  Commons in parliament assemble that the sheriff of the county of Denbigh shall  keep his coke Report33b ShireCourt at the shirehall in the say county c by  which as by many other parliament it appear that the county or ShireCourt be  the court of the sheriff and although the hob raym Cru dig Bac Abr sheriff a  sheriff by virtue of several old statute be to continue in their office no  long than one year though a sheriff may be appoint durante bene plea infra Bl  Com Bac Abr officer h and so be the form of the royal writ dalt Sher therefore  till a new sheriff be name his office can be determine unless by his own death  or the demise of the king but now by Ann saint c all officer appoint by the  precede king may hold their office for six month after the king demise unless  soon displace by the successor by stat r c no man that have serve the office  of sheriff for one year can be compel to serve the same again within three  year after if there be other sufficient within the county see further as to  the office of sheriff preface to   day Rep dalt Sher spelm Glos voc comites  comitatus et sheriff Seld title Hon Edward p Henry hist fortesc on Lim and  absol mons n Stuart hist Dissert on Engl con d edit Inst b a I Bl Com c  Imperss Sher vin Abr sheriff Com dig viscount Bac Abr sheriff ED c Cru dig Bac  Abr sheriff a d roll Inst Ventr Syd see n e infra e SC S p cite send for Inst  I e sheep touch n Cru dig vin Abr incident b pl officer a pl m pl Com dig  county c Bac Abr sheriff a so if the office of chamberlain of the king bench  be inseparable incident to the office of marshal and therefore a grant of the  office of marshal with a reservation of the office of chamberlain be void per  holt CJ salk ld raym and see Inst as to the nature of office in general  Beynells case post   and the note ib Inst I sheep touch Cru dig vin Abr office  Com dig office Bac Abr office ED f SC S p cite send for Inst I e sheep touch n  Cru dig vin Abr incident b pl officer a pl m pl prerogative g b pl vern Com  dig county c sir Roland holt case show p c ED e Ventr and c pl Noy hob Inst  Bulstr h e black Com chap fol sect dry vern vin Abr office a pl m pl Cru dig  coke report a er p suitor be there the judge in some case yet non sequitur  that the court cloth not belong to the sheriff for in a court baron a the  suitor be judge and yet the court belong to the lord of the manor g as to the  second objection that be answer before because the county court be incident to  the office of sheriff as the b sheriff turn be h as to the three objection it  be answer quod c to fine be law non pattern but for a general answer to all  the say objection and all other which may be make it be say that great  inconvenience will ensue to sheriff who be great and ancient officer and  minister of justice if such grant shall be of validity for by such as well the  enter of all proceed in the same court as the custody of the entry and roll  thereof do belong to the office of sheriff and that be well prove by the writ  of d false judgement of a erroneous judgement give in the bounty court the  form of which writ be such Jacobuus c Vic S health si a to make c tunc in full  come tuo to think over facias speech which be in eoden county per breve  nostrum de recto inter a to strive for c unde idem a to express grief  falsehood Himself factum to be judgment in eoden come et record that habeas in  person justice our men at Westminster c sub seal tuo per quatuor of soldier  the same come ex strike against who think over there interfuer c and this also  appear by the precept of a tolt which the sheriff make to remove a plea in any  court baron before h he into his county the word of the precept be et speech c  lift et summone c predict I quod sit ad county meum S sure die Lunae c tenant  and in all writ to remove any plea out of the county into the common plea the  king call the county court the e sheriff court and if the sheriff do not  certify by force of such writ the record then at last shall issue process of  contempt and if the record be embezzle the sheriff shall answer for it and  therefore it will be full of danger and damage to sheriff if other shall be  appoint to keep the entry and roll of the county court and yet the sheriff I  shall answer for they as immediate officer to the court and therefore the  sheriff shall appoint clerk under he in his county court for who he shall  answer at his peril the same law of the g sheriff turn and law and reason  require that the sheriff who be a public officer and minister of justice and  who have a office of such eminency confidence peril and charge ought to have  all right appertain to his office and ought to be favour in law before any  private person for his coke Report34a singular benefit and avail mich  Elizabeth at sergeant inn in fleet street it be resolve by Popham and Anderson  chief justice and all the justice of England that the custody of the a gaol of  the county of right belong and be annex and incident by the law to the office  of sheriff and that well appear by the judgement in parliament year e cap king  by which it be ordain and enact that all gaol of county shall be rejoin to  sheriff and the sheriff shall have the custody of the same gaol as always  before this time they be wont to have and that they shall put in such keeper  for who they will answer a upon which it a elite b   Litt a   b   b   b a godb  roll Cr e Cr James Inst e a e b l Mod Rep h Br judge Br court baron b a Bac  Abr court baron g see b Com finch Bac Abr court baron ED a Ro h of this court  in general see hawk p a c Jo Bac Abr sheriff term Inst a I and n ib ED a cro  arg   hard d f n b b dyer pl e   b f Cawly vin Abr incident b pl officer a pl  g h b a a roll   a Inst and raym see n king infra king this statute be confirm  by the h c see hawk p a c S t r vin Abr gaol b pl incident b pl Bac Abr gaol a  sheriff h ED a Acc dalt c b Com Cru dig yin Abr gaol b coke report b er p be  resolve by all the justice that the grant of the custody of the gaol of county  now late either by king h or after grant to sundry person be utter void and  forasmuch as the custody of they belong to the office of sheriff who be  immediate officer to the king court shall answer for the escape m and shall be  subject to amerciament if he have not the body in court upon process direct to  he c it be reason that he shall put in such keeper of the say gaol for who he  will answer accord to the purview of the say Act of e and therefore it will be  against all reason that he shall answer for escape out of the say gaol and  that he shall be subject to amerciament for not have the body of prisoner c  and yet another shall have the keep and custody of the gaol n which resolution  agree in reason with the say resolution in Mittons case and therefore I have  add it in this place