Bracton: Thorne Edition: English. Volume 4, Page 370

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Bracton Online -- English

Volume 4, Page 370

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Of the deceit of the sheriff.

[002] Sometimes the sheriff sends the writ he received and deceitfully writes back and
[003] sends word that he received it so late that he could not execute the king's order. If
[004] the contrary is alleged, that he received it in good time and could have attached him
[005] had he wished, or that the writ was delivered to him in full county court, where the
[006] man who ought to be attached was present and could be attached, [And so if he
[007] deceitfully sends word that he who ought to be attached was not found in his bailiwick,
[008] because he was resident outside his county, and it is alleged to the contrary
[009] that he is resident in the county and has his residence there. And so if he deceitfully
[010] sends word that he who is to be attached was journeying from place to place, wandering
[011] from county to county, without any settled domicile, and belonged to no mainpast
[012] or household, and it is alleged to the contrary that he has a domicile and residence
[013] at such a place, where he may daily be found, or is of the mainpast or household
[014] of such a one. And so when the sheriff is ordered to distrain him by his lands and
[015] chattels, he falsely writes back to the justices and sends word that he has no lands
[016] or chattels in his bailiwick by which he may be distrained or attached, and it is alleged
[017] to the contrary that he has sufficient lands and chattels in his bailiwick, in such a
[018] place and such. Infinite indeed are the cases of this kind, where the sheriff sends a
[019] deceitful reply and puts forward a reason which is no reason. And so if he errs in the
[020] manner and order of attachments and distraints through inexperience, as where he is
[021] ordered to put a man by gage and safe pledges and sends word that he distrained him
[022] by his lands and chattels, or conversely, [or] if he is ordered to have his body and he
[023] sends word that he attached him by pledges, or committed him to bail or the like.
[024] There are many reasons why the order of the lord king was not executed in the proper
[025] way,¹ of all of which mention must be made in the enrolment and writ.] let the enrolment
[026] be this: ‘A. offered himself on the fourth day against B. in a personal action of
[027] such a kind and B. did not come, and the sheriff sent word that he did not attach him
[028] because he received the writ so late that he could not execute the king's order. And
[029] it was alleged that he received it in good time (or ‘in the county court where the man
[030] to be attached was present’). And therefore, as before, let him be ordered to attach

Notes

1. ‘quare modo debito non fuit praeceptum domini regis executus,’ as 372