The Execution and Return of Writs

The English common law required the issue and execution of innumerable writs: official slips of parchment commanding the sheriff to take some action in the king’s name. This chapter begins with an overview of the service of writs in the Tudor period, explaining the difference between original and judicial writs, and between the delivery of writs ‘of record’ and ‘off record’. Focussing on writs pertaining to litigation in personal actions, the chapter explains the function of various common writs, including capias and distringas, and how the sheriff was required to act on them. It focusses in particular on the sheriff’s responsibility for empanelling juries in response to writs of venire facias, examining the extent to which Tudor jury panels were marred by corruption. It concludes by analysing successful and unsuccessful attempts to reform the execution of process in this period.