When the King grants any privileges, liberties, franchises, &c. which were privileges, liberties, or franchises in his own hands as parcel of the flowers of his crown, as _bona et catalla felonum fugitivorum utlagatorum_ &c. _bona et catalla waviata, extrahur; deodanda, wreccum maris_, &c. within such possessions, there if they come again to the King, they are merged in the crown, and he has them again in _Jure Coronæ_; and if the wreck, or goods waifed, estrays, &c. were appendant before to possessions, now the appendancy is extinct, and the King is seised of them in _Jure Coronæ_. But when a privilege, liberty, franchise or jurisdiction was at the beginning erected and created by the King, and was not any such flower before in the garland of the crown, there, by the accession of them again to the crown they are not extinct nor the appendancy of them severed from the possessions; as if a fair, market, hundred, leet, park, warren, _et similia_, are appendants to manors, or in gross, and afterwards they come back to the King, they remain as they were before, in _esse_, not merged in the crown, for they were at first created and newly erected by the King, and were not in _esse_ before, and time and usage have made them appendant. _9 Rep. 25, h._ [21] Writ issued to the sheriff to enquire of waste, who returned _quod mandavi ballivo libertatis qui mihi nullum dedit responsum_, and for this he was amerced, and _sicut alias_ awarded, because by the writ he is judge and hath power to enter the franchise. _T. 11 H. 4. (81.)_ _Fitz. Retourne del vicount._ 53. But Note, that sometimes the sheriff is judge, as in redisseisin, waste, and admeasurement, and the process shall be served by the baily as is said. _Diversite des Courts._ _Court Baron._ _Ejectione Custodiæ_ [under _W. 2. c. 35._], at the distress with proclamation the sheriff returned _mandavi ballivo libertatis_, &c.; and by _Thirning_ and _Markham_, the sheriff shall be amerced, for the proclamation is to be made by the sheriff by the statute. Therefore because the distress with proclamation is a thing entire, he ought to have entered the franchise and served the whole writ himself: and _Rikhill_ and _Tirwit e contra_ and that he did well, as in a _præcipe quod reddat_ of land, part in guildable, and part in franchise, the sheriff shall make precept for parcel, and shall serve the rest himself. _2 H. 4. 1._ _Br. Ejectione Custodie._ 1. If a distress with a proclamation be granted, and the defendant hath nothing but within a franchise, the sheriff shall make proclamations in the county, and the baily of the liberty shall distrain him. _2 Inst._ 442.