By _2 E. 3. c. 3._ Lords of franchises, and their bailiffs in the same, shall have power to execute this act; which prohibits all men, except the Kings servants in his presence, and his ministers in executing his precepts, &c. from coming before the Kings justices, or other the Kings ministers doing their office, with force and arms, or bringing force in affray of the peace, or going or riding armed by night or by day in fairs, markets, or in the presence of the justices or other ministers, or in any part elsewhere, upon pain to forfeit their armour to the King, and their bodies to prison to the Kings pleasure. [Sidenote: Attorney.] By _4 H. 4. c. 19._, no steward, bailiff or minister of lords of franchises which have return of writ shall be attorney in any plea within the franchise or bailiwick whereof he is such officer or minister. [32] And such deputy it should seem ought to be made by writing (_9 Rep._ 51, b.). Though it is said _21 H. 7. 37._ that the sheriff or a steward may make deputy without deed. [33] It is an old rule of the duchy court that the bailiffs of the liberties of the duchy may distrain for fines and amerciaments for the King, and keep the same fifteen days, and if the party distrained refuse to pay his fine or amerciament, then the bailiff may sell the same, unless the party distrained will enter into bond to pay the said fine or amerciament at a day prefixed in the duchy court, or else shew good cause; but in this case there is no replevy to be granted against the King. And all this it seemeth the bailiff shall do _ex officio_. The fines and amerciaments within the liberties of the duchy are, however, usually levyed by writ of _levari facias & capias_ out of the duchy court. And, By Keble, precept to bailiff by nude parol is as effectual in court _Baron_ as by writing, because the trial shall be all _per pais_ and not by the record: for all is but matter _in fait_. _Quod fuit concessum._ _16 H. 7. 14._ [34] _Per_ Levinz serjeant. In fact the sheriffs make no warrants to the bailiffs of liberties, but they only send the writ to them; and they execute it upon some general warrant, which they have from the sheriffs to execute all writs according to the agreement between the sheriffs and bailiffs. But (_per curiam_) this general warrant serves for a warrant to every particular case, for there must be a warrant in writing, because a command by parol to the bailiff of a liberty is not sufficient, _1 L. Ray._ 190. _Hammon_ v. _Jermyn_. _N. B._ This assertion of the learned serjeant, though founded it is possible on some instance within his knowledge, can never be understood as true with respect to general practice.