venire facias

[A] Venire facias is the foundation and Cauſa ſine qua non, of a Jury (I mean in Civil Causes; for in Criminals, as upon Indictments, the Justices of Gaol-Delivery, give a general Command to Sheriff, to cauſe the Country to come against their coming, and take the Pannels of the Sheriff, without any Proceſs directed to him; yet Proceſs may be made againſt the Jury, though it is not much uſed.[…]) I will firſt recite the Writ in terminis, the rather becauſe I intend to order my Diſcourse, according to the method of the Writ. / Rex. &c. Vic. B. Salutem. Præcipimus tibi quod venire facias coram Juſticiariis noſtris de Banco apud Weſtm. tali die, duodecim liberos & legales homines de vicinet. de C. quorum quilibet habeat quatuor libras terræ, […]

Venire facias, Is alſo the common Proceſs upon any Preſentment, being in Nature of a Summons for the Party to appear; and is a proper Proceſs to be firſt awarded on an Indictment for any Crime, under the Degree of Treaſon, Felony, or Maihem, except in ſuch Caſes wherein other Proceſs is directed by Statute: […]

Process of Venire facias ad respondendum is a writ addressed to the Sheriff, commanding him that he cause the party who is the object of it to come before the Barons of the Exchequer on a day certain (either a general or a special return day) to answer the suitor of a plea of debt, (&c.) […] At this day the Venire facias is regarded and used (like all other mesne process) in this department of the Court as a mere measure of compelling appearance or bringing a party before the Court, differing from other mesne process only in tenor and form, not in object or ultimate effect; and it has no distinct influence on subsequent proceedings. […] The following is the form of the Venire facias: William the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, To the Sheriff of [county] greeting.—We command you that you omit not by reason of any liberty of your county, but that you enter the same, and cause [the defendant's name] to come before the Barons of our Exchequer at Westminster […]