case coal against Ireland a grant from the crown of a hundred in any county  and the office and profit thereunto belong with the execution of all writ  within the same for twentyone year be void for by the Edward c and Edward c a  hundred can now be sever from the county by grant from the king SC raym SC  Jones SC Pollexf SC skin trespass special verdict find letter patent to the  defendant of a hundred in a Fitzherbert n b b Lindwood c see the six last  paragraph   light chapter of rend a see the Geo c by which the statute Geo c  give a writ of error from the court in Ireland to the king bench and house of  lord in England be repeal and the writ of error lie from the king bench in  Ireland to the house of lord there which be the dernier resort shower KB er p  the county of Leicester and the office and profit thereunto belong with the  execution of all writ within the same for twentyone year the question  thereupon be whether they be good to the exclusion of the sheriff from his  duty and office of execute writ in his county notwithstanding the ancient  statute which be also find at large Mr Lovel for the plaintiff agree that all  grant of hundred before the time of Edward the second be good but he argue  that those since be void but here it will not be amiss to observe the original  and nature of hundred and sheriffalties I find in our book that in king alfred  time the kingdom be in gross and then divide into county and hundred and all  person then come within one hundred or another a and then the king relation  have the government of they and therefore they be call kinsman and so be the  earl lord lieutenant c at this day and then when the office become troublesome  there be ordain viscount which name remain to this day and the other continue  to be call kinsman but have no power in the county have only the honorary name  of earl or comites of such or such a county c and for the better government of  these county the viscount have two court but out of those the king grant petty  leet and court baron out the tourn of the sheriff have yet a superintendent  shower KB power they be derive out of the sheriff tourn as in dyer and then  afterward the king grant away some hundred in feesimple and some franchise and  the last exclude the king utter but the hundred grant in fee be not whole  exempt on this arise some confusion and the parliament hereon take notice that  the execution of justice be by this much interrupt and therefore come the  statute Edward saint c that sheriff shall be sufficient person and have land  in the county and so be able to answer both the king and country and that  bailiff and farmer of hundred shall be sufficient man and at this time hundred  be grantable for year then come the statute Edward c and that sheriff shall  continue but for one year but this take not away the whole inconvenience for  the crown still grant away bailiwicks and hundred for life at rend on such  excessive dear rate that make they endeavour to make up their money by  unlawful mean and thereon come the statute Edward c and Edward c by the first  it be enact that all hundred and wapentakes grant by the king shall be again  annex to the county and not sever and by the other statute that all shall be  annex and that the sheriff shall have power to put in bailiff for which he  will answer and that no more shall be grant for the future and one reason of  this be because the king grant away hundred and abate not the sheriff farm now  this grant consist of all court and profit of court and the officer and  bailiff thereof first I conceive the grant of court be not good for the  statute of Edward c call it the sheriff tourn in the yearbook Henry pl it be  adjudge not the king court in Mittons case   it be resolve that the county  court be the sheriff court and that the king can grant away the office of  clerk of the county court but the sheriff ought to have the disposal thereof  and in all writ to the sheriff for make of proclamation they say in county tuo  so be the return of exigent ad county of me and so be the style of the court  curian come viscount c and so it be call in the statute of Henry c and shower  KB therefore I do conclude the king have no power to grant they away from the  sheriff second for the office if the court be the sheriff then the office must  likewise be his Scroggs case b the office of custody of the gaol be likewise  in the sheriff because he be to answer for all escape so for the clerk of his  county court he be answerable for all his misdemeanour three for the fine and  other profit of his court and I conceive these can be grant from the owner we  find in the yearbooks c that amerciament in the tourn shall be to the use of  the sheriff although the estreat be not return till his year be out d for they  be the consideration why he be answerable over fourthly the bailiff that be  not grantable away for all escape by the bailiff be a raym see also roll Abr  vent b dyer c Edward pl d Henry pl shower KB er p escape by the sheriff and he  be responsible unless in case of franchise and liberty nay he be answerable  for bailiff in fee e now in our case the king have grant the bailiship for  twentyone year and the sheriff can engage he to give any security and yet be  bind to answer for he by the statute abovementioned a bailiff be not to  continue in above one year five the last thing be the custody of the hundred  and this be the branch of the high concern in the whole patent now this  grantee have not the mean or power to keep the hundred as the sheriff have who  can raise the posse of his whole county in his aid of any one part thereof  this grantee can do so without warrant from the sheriff so that it be not in  his power to preserve the peace as it be in the sheriff who have by his patent  the custody of the whole county I agree the king may determine the office of a  sheriff as to the whole whensoever he please but he can determine the office  as to part because it be entire unless he divide the county and make more  sheriff which he may do sir John fortescue case be express for I f by the  statute Edward c all hundred except such as be then grant in fee be rejoin as  to the bailiwicks of the same to the county and all grant shower KB of the  bailiwicks of hundred make since that statute be void and the make bailiff  thereof belong to the sheriff for the better execution of justice and of his  office and so be it resolve in sir John fortescue case which he there report  and for these reason and on those case I conclude the grant be void Mr bigland  e contra for the validity of this grant I think it good the reason of Mittons  case in   g be particular because of the entry and custody of the roll for the  embezzle whereof the sheriff be answerable but to consider what the king power  be at the commonlaw as to the constitution of a sheriff h he can make two  sheriff as he do for Buckinghamshire and Oxfordshire which have former but one  sheriff and so for Leicestershire and Warwickshire he may grant the return of  writ to a will which take not away the sheriff general jurisdiction but only  his immediate jurisdiction the king have grant court baron and hundred court  which by his letter patent be derive out of the tourn and do diminish the  sheriff profit I and notwithstanding the court here settle in westminsterhall  he may grant to one to hold plead within a certain precinct as for a hundred  king by the commonlaw a hundred belong to the king of common right and  whosoever will claim it must derive it from the crown l now for the statute  those which concern this matter be find in the special verdict and the pen of  they will give determination to this matter the first statute extend only to  those hundred let by king Edward the second and leaves the rest at liberty as  for the Edward c it be thus all wapentakes and hundred which he sever from the  county shall be annex c and this be relative to the former upon the shower KB  read hereof it plain appear it can extend to all and it be a general rule that  where ancient grant be dubious they shall be construe and expound accord to  usage and here be no damage to the subject for the same remedy be by the  statute make for bailiff as for sheriff m and if there be defect in they the  sheriff have still a power superintendent where no grant have be make since  those statute you will intend they be set by Edward the second and so be annex  to the county by those statute but those which have be grant since be not  within it this be grant by Edward the four Adjornatur in easter term in the  thirtyfourth year of Charles the second the grant be resolve void and  judgement give for the plaintiff e bro Abr franchise dyer Fitzherbert Abr f  Inst Q SC roll Abr h see the case of villan de Derby Foxley roll Rep I Inst  king see the yearbooks Henry pi Henry pi Henry pi l yearbooks Henry pi Henry  pi roll Abr m cro James roll Abr shower KB er p