In the preamble to many of the old statutes it is stipulated that all the lords spiritual and temporal, and the other lieges of the King having liberties and franchises, shall have and enjoy all their liberties and franchises which they have of the grant of the Kings progenitors and of his own grant and confirmation. This is the constant preface to the petition rolls to which the King always answers "_Le Roy le voet_." _Rot. Parl._ _passim_. And that all persons and corporations may fully enjoy their liberties, [and] franchises, [was] one prime cause of calling parliaments, and so declared, and the conservation of them one chief petition of the commons when violated. _Abridgement of the Records_[17]. _Table_, _voce_ Liberties. [15] Note, that these words are in this work used in two different senses, but both equally common: viz. 1. for the privilege itself, as the franchise or liberty of _Retorna Brevium_: 2. for the manor or territory in or over which that privilege is exercised, as the Liberty or Franchise of the Savoy. There will seldom, if ever, be any confusion or obscurity on this account. [16] Vide _Co. Lit._ 115. and the case of the King against Pugh. _Douglas_ 179. [17] Published by Prynne under the name of Sir Robert Cotton, but said to have been actually compiled by William Bowyer, keeper of the records in the Tower in the time of Queen Elizabeth. CHAPTER II. OF THE LIBERTY OF _Retorna Brevium_, OR RETURN OF WRITS. [Sidenote: Roll of Liberties.] [Sidenote: _Non omittas._] By _W. 2. c. 39._ The treasurer of the exchequer shall deliver in a roll all the liberties in all shires that have return of writs. And if the sheriff answer that he hath made return to the bailiffs of any other liberty than is contained in the said roll, the sheriff shall be forthwith punished as a disheritor of the King and his crown[18]. And if peradventure he answer that he hath returned the writ to the bailiffs of some liberty that indeed hath return who hath done nothing therein[19], the sheriff shall be commanded that he shall not omit by reason of the aforesaid liberty, but that the Kings precept shall be executed; and that he make known to the bailiffs to whom he returned the writ that they be at a day contained in the writ to answer why they have not made execution of the Kings precept. And if they come at the day and acquit themselves that return of the writ was not made to them, the sheriff shall be forthwith condemned to the lord of the same liberty, and likewise the party grieved by the delay in restitution of damages. And if the bailiffs come not at the day, or come and do not acquit themselves in manner aforesaid, in every judicial writ, so long as the plea endureth, the sheriff shall be commanded that he omit not because of the liberty, &c. That the statute, in this respect, was little more than a declaration of the common law, appears from _Bracton. l. 5. c. 32._ [Sidenote: Indenture.]