In this booke is contayned the offices of shyriffes, bayliffes of lybertyes, escheatours, constables, and coroners and shewed what euerye one of them may doe by vertue of their offices, drawen out of bookes of the common lawe and of the statutes. — Office et auctoryte des iustyces de peas. English. Selections

In this booke is contayned the offices of shyriffes, bayliffes of lybertyes, escheatours, constables, and coroners and shewed what euerye one of them may doe by vertue of their offices, drawen out of bookes of the common lawe and of the statutes. — Office et auctoryte des iustyces de peas. English. Selections

Table of contents

Title page

The office of Shiriffes.

VVhat thinges be enquireable in the Shiriffes turne.

The office of Bayliffes of libertyes.

¶The office of Escheators.

The Offyce of Constables.

The office of Coroners.

The fourme of abiuration.

A briefe declaration concerning the extortions of Ordinaries; Parsons, Vicars and Curats.

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In this booke is contayned the Offyces of Shyriffes, Bayliffes of lybertyes, Escheatours, Constables, and Coroners; and shewed what euerye one of them may doe by vertue of their offices; drawen out of bookes of the common Lawe and of the Statutes.

gabvielharuey. 1579.

The office of Shiriffes.

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WHat the Offyce of a shyriffe is heereafter shall more playnely appeare, but in a generality, his office is righteously, & duely to returne all writs and precepts to hym directed, and truely to execute the same accordinge as hee shall bee commaunded in the same Wryts and prece [...]ts. And that bee take nothyng of any person for doing his offyce, but the due, & accustomable fees to hym belonging. And that hee duely holde and keepe hys Countyes, Courtes, and turnes, according to the our course of the Lawe. Upon these three poynetes dependeth the whole charge and effect of hys offyce.

The offyce of the Shyriffe is to returne good sufficient and reasonable issues, and vpon such persons as haue sufficient goods or lands, according to the statute of Westminster. An. ij. capitulo .xxxix. and Edwardi tertij capitulo quinto

The Shiriffe ought to take the inditements foūo before him in his turne by Indenture, and so shall Bayliffs of fraunchises, one parte whereof shall remayne with the Indytours. An. secundo Edwardi tertij. Capitulo .17.

[Page] The Shiriffe may arrest men ryding or going armed, and commit them to pryson, there to remayne at the Kings pleasure .2. Ed. 3. cap. 5. at Northampton.

Shiriffes and vnder Shiriffes shall receyue [...]rits in euery place within y• county without taking ought, & shal make a vil, whych i [...] they reful [...] other that hee present shall pu [...] to their Seales. And if they returne not the same writs: they shall be punished and shall re [...]der damages to y• party .2. Ed. 3. cap. 5. at Northampton.

Shyriffes, and Iaylours shall receyue Theeues indited, or taken wyth the maner without taking any thynge for the receypt .4. Ed. 3. cap. 10.

Shyriffes shall lease theyr hundredes, & Wapentakes after the olde fearme, & not aboue. An. 4. Ed. 3. cap. 25. and An. 14. Ed. 3. cap. 8.

Shiriffs ought to arrest persons suspect of felony going by night, or by day, whych be of euill fame .11. Ed. 3. cap. 14.

The shiriff i [...] one coūty shall haue no moe Bayliffes errant but one .14. Ed. 3. cap. 9.

Shyriffes ought to keepe their turnes euery yeare within a moneth after Easter, and wythin a moneth after Mychaelmas, [Page] xiii & .xxxi Edwardi tertij. cap. xiiii.

Shyriffes that leuy issues, fines and amerciamentes in the County, ought to haue the extreates ensealed with the seale of the Eschequer, so that as much as is payd may [...]oe blotted. And if any shiriffe or Mynister doe the contrary, he shall render to the party tryple damages, and shall make [...] to the King, and the sute hereof may be aswell before Iustices of peace as before other Iustices .xxiiii. Edward. ter. cap. ix.

The Shyriffes shall aray the panneis of Assises foure dayes before the session [...] at the least vppon payne of .xx. li. And Bayliffes of liberties, shall make returne to Shyriffes sixe dayes before the sessions, vpon the same paine [...] [...] .3. cap. ix.

T [...] [...] ought to examyne Loyterers [...] [...]agarantes, and compel them to finde [...]rety of theyr good behauior [...]y sufficient mainpryse of such as bee distrey [...]able, if any defaulte bee found in such vagarantes. And if they cannot finde such surety: then to commaund them to the next Iayle, there to remayne vntill the comming of the Iustices of Iayle deliuery, they to doe with such vagarants as they shal thinke best .vii. Richardi .ii. cap. vii.

[Page] The Shiriffe shall bee bounden foure tymes in the yere to make Proclamation of the Statute of Wynchester, in euery hū dreth of his Bayliwicke.

The Shiriffe ought to take swords, Daggers and hangers, from Seruauntes labourers, and Seruaunts of craftes men, and vitaylers that weare them, vnlesse it be in time of Warre or when they labour in the countrey with theyr maysters or vpon theyr busines. And the Shiriffe shall keepe y [...] same weapons, which they shall present vnto the Iusticers of the peace at their sessions with the names of them that bare them .xii. Richardi ii. cap. vi.

Shiriffes ought to receiue Labourers, Seruaunts, Beggers and Uagabonds, and them detaine in Pryson wythout bayle or mainpryse and wythout fee or taking any thing at their entre or going out of Prisō vpon payn to forfayt a C.li. to the King .xi. R. ii cap. ix.

Shiriffes and other ministers of the Kyng so soone as they haue knowledge of assembles and roiots, with outragiōs nūber of people, ought with the power of the shyre to goe and make resistaunce agaynste such malite wyth all theyr strength, and shall [...] and keepe them in [Page] prison vntill the due punishment of the law be executed vppon them. And all manner of Lordes, and other the kings true lyege mē ought to bee assistent with all their power & strēgth to ayde the Shiriffes and other ministers therein. 17. Ric. 2. cap. 8.

Shiriffes ought to be personally dwelling in their Bayliwickes for the tyme, and they shall not let thē to farme 4. H. 4. ca. 5.

Shiriffes ought to see and prouyde, that neyther their vnder Shiriffes, Bapliffes Clarkes, nor receyuers shal bee atturneis in the Kinges Courts for the tyme of their office .i. H. 5. cap 4.

Shiriffes ought to let to mainpryse persons ind [...]ted of heresy and Iollardes which are in their keeping within x. dayes vnder good suretyes, so that they appeare before the end of the sayd .x. dayes. 2. Hen. 5. ca. 7. Shiriffes shal cause the Statute of prirueiours to bee proclaymed foure tymes in the yere, vpon paine of C-li. for euery time that hee fayleth so to do. And vppon lyke payne shall deliuer the same to his successours to be proclaymed . [...] Hen. 6. cap. 2.

Shiriffes muste make due election of the Knightes of the Parliament ix. H. 6. ca. 40

[Page] Shiriffes must returne such persons, Knightes of the Parliament which be chosen by the greatter number of the freeholders dwellyng in the county which may expend xl.s. yerely aboue all charges.

And that those Knightes [...]ee dwellinge within the same county. And that he examine euery freholder at such elections vppon a booke how much he may expend. And if any Shiriffe returne other knightes: hee shall forfayte an hundred li. to the king and shall haue one yeares imprisoment without bayle or maynpryse.

Shiriffes vpon a precept made vnto thē by Iustices of the peace to inquire for forcible entre, shall returne vppon euery of the i [...]rours .xx.s. in fynes at the first day.

And Iustices of the peace shall heare and determine such defaultes of Shiriffes by Bill of the suite of the party or [...]y inditement.

And they shal loose xx. li. for euery defaulte. And hee yt will sue shall haue the one halfe 13. Hen. 6. cap. 9.

To anoyd robberyes and spoyles vppon the riuer of Seuerue, & by y• coastes of the Forrestes of Deane, & the hūdreds of Blo [...]essom, & Westbury in the county of Glocester, the Shiriffes of Glocester or the

[Page] Bayliffes of the towne of Glocester after notification made to any of them of such inturyes and damages, by the partyes greued, within foure dayes after the notificatiō made, shal make proclamation at the town of Glocester that such offenders within .15. dayes after such proclamation, shall restore vnto y• party endamaged their goods so taken, or the vaine with a reasonable amendes. The sayd Shiriffes & Bailiffes to forfayte xx. li. if they fayle so to do. 9. Hen. 6, cap 28.

The Shiriffe of Herforde, neyther in his turne or in any other place after the turne ended, shall take any inquiry or inquest of office which ought not to be taken there.

Neyther shall hee take any fyne or amerciament for thinges not appertayning to his office or turne vppon payne to forfayte x. li. x. Hen 6. cap 8.

Shiriffes ought to returne in attaynt in plea of land, men of the yerely value of xl.s or in an action of deedes concerning lands of such value, and in actions of the summe of forty pound. And moreouer, those persons dwellyng within their Bayliwicke, which may expende twenty poundes yerely aboue all charges for terme of lyfe at the leaste, [Page] out of auncient demeane Gau all kinde and the 5 portes. And at the first distresse xl.s. & at the second v.li. and the double value of euery other distresse agaynst the iu [...]oors, vpon payne of x. pound, to the King and as much to the partye. And if there bee not sufficient persons dwellyng within the coū ty which may expēde twenty pound, yerely then shall they impanell other persons of y• most sufficient possessions of yerely value of landes and tenementes, within the value of twenty pound vpon payne to forfayte ten pound to the king and to the party, as much as the fourme afore sayd, decimo quinto .H 6. cap. 5.

The Shiriffe or vnder shiriffe of Herford must arrest such persons of Wales, or the Marches therof which be outlawed of treason of felony, whō the sayde Shiriffe knoweth or seeth to bee in any place within the sayd county, and co bryng to the Iayle. And if any such person beyng indyted do dysobey of flee away: the said Shiriffe shal leuy hue and crye, and pursue him vppon payne to make fyne and raunsome to the kinge .23. Hen. 6. cap 5.

The Shriffe shall not occupy his office [Page] aboue one yeare, and if he so doe: then to forfayt. xx ii. and euery pardon for such offēces shalbe voyd, any words put in such Letters Patents notwithstanding. Also he that presumeth to occupy the same office aboue one yere by force of such letters patents, shall be disabled to be Shiriffe in any other shyre afterward .xxiii. Hē vi. cap. viii.

No Shiriffe shall let to fearme his county, nor any of his Bayliwickes. Hundreds Wapentakes. No Shiriffe, Bayliffe of frā chyse, ne other officer shall returne in any panell any of his Bayliffes, officers or their Seruauntes.

No Shiriffe nor any other to any vse shal take ought of any person to be arrested attached, nor to successe of any arest or attachmēt to be made to the body.

Nor shall take ought of any person arested or attached, for fine, see, sute of prison, mainpryse, letting to baile, or for shewing any fauour or ease to any person being so arrested, except it be as here followeth, that is to wit to the shiriff .xx.d. to the Bayliffe that reade the arrest .iiii.d. and to the Iaylour if the Prisoner be committed to ward, foure pēce.

The Shyriffe him selfe, nor any to his [Page] vse shall not take any thinge for the makyng of any returne or panel, but for the coppy of the panel .iiii.d. How be it they vse to take ii. shillyngs for the returne of a panell but that seemeth to be extortion.

Shiriffes out to let out of Pryson al persons, beeing in theyr ward by force of any wryt, byll, or warraunt, in any action personall or indytement of Trespasse vppon a reasonable surety beeing sufficient in the County to keepe theyr dayes in the places, as the sayd Billes wryttes, or Warraunts requyre, except such as be condempued outlawed, excommunycated or for suretye of the peace, or by the commaundement of any Iustice, and vagabounds which refuse to serue.

Also Shiriffes ought not to take any obligations for any thynge aboue mencioned or by colour of theyr offyce. But onely to them selues, nor of any Person beeynge in theyr Ward but by the name of their offyce as by the name of ye shirife in the Obligatiō vppon condition that the party shall appeare at the Dayes contayned in the Wryttes, in such places as the Billes Wryttes or warraunts requyre. And if any Obligation bee taken of any Person by colour of theyr [Page] office in any other fourme, it shalbe voyde.

Shiriffes shal not take for any obligatiō warrant, or precept by them to be made any more then foure pence.

Shiriffes must make their deputyes yerely in the kings courtes, that is to wit in the chauncery, the bench, and the Escheker of recorde before they returne any writte.

Shiriffes that do contrary to this ordinaunce in any poynt, shall loose to the party g [...]ieued triple damages, and shall forfiate xl.li. foreuery time that they shal so offende the one halfe to the Kinge, and the other to him that will sue .23. Hen. 7. cap. x.

Shiriffes when writtes be directed vnto them to leauie the expences of Knightes of the Parliament, must make proclama [...]ion at the next county after the deliueraunce of the same writtes, that the Coroners, Cō stables, and Bayliffes of hundreds shall be there to assesse their wages vppon poyne of fourty shillinges. What tyme they shal assesse euery hundred at a certayne summe by it selfe, and after they shall assesse euery village within the same hundred at a certaine summe by it selfe, and if they be otherwise assessed, for euerye default they shall forfaite twenty poūds, the one halfe wherof [Page] shalbe to the party that wyll sue. And the Shiriff shall leuy the same duely and shall pay it to the Knights of the Parlyament, vpon payne of xx. pound. And the party that wil sue shall haue his action by Scire facias, and shall haue ten poundes aboue the twenty pounds wyth triple damages .xxiij. Henrici sexti capitulo vicesimo secundo.

The Shiriffe after the deliuery of any writ to make election for the Knyghtes of the Parliament, must make a sufficiente precept vnder hys Seale to euery Mayor, and Bayliffe of Cyties, and Boroughes, within the County, commaunding them to elect Citizens, and Burgesses, to come vnto the Parliament And the sayde Maior and Bayliffe shall truely returne the same precept to the Shiriffe by Indenture beetwene them for the election, and names of them that are chosen. And the Shyriffe is bounden to make a good, and true returne of euery such writ & of euery returne made to him by the Mayor, and Bayliffes.

And for euery tyme that the Shyriffe shall doe contrary to thys or any other Estatute made for the elections of Shyriffs, to come vnto the Parliament, hee shall encur [...]e the paine of one C. pound to the king, [Page] and a yeres imprysonment without bayle.

And more ouer shall pay vnto the person so beyng chosen Knyght, Citizen or burgesse and not duely returne: or to any other person whych in default of such Knyght, Burgesse or Citizen, wil sue therefore, one hundreth pound to be recouered by Action of debt.

And the Shiriffe ought to make such elections in the full County betwene the houres of viii. and [...]yne before none, and to make a good and true returne of such elections, vpon payne to forfaite one hundred pound to the Kyng, and asmuch to the party that wyll sue therefore against the Shiriffes, their executours or administratours .xxiiii. Henrici vii. capitulo .xv.

Shyriffes in theyr turnes ought to enquyre, heare and determine, if any Mynister of the Wardeyne of the Courte in the Marches of Scotlande: or if any other arreste any person by hys Bodye or Attach hym by his goodes out of the Counties of Northumberland, and Cumberlande, and Westmerland, and the Towne of Newecastell, to answere in any of the sayd courtes: or else by Colour or cause of any pro [...] in the sayd courts: for in such arrestes it [Page] shall be lawfull for euery man to make resistaunce. And the party grieued shall haue an Action of false imprisonment or trespasse and shall recouer triple damages therefore and the defendaunt shall haue two yeres imprysonment. And the shiriffe shall haue power to proceede thereuppon as well as vppon a presentment made in his turne .xxxi. Henrici sexti. Capit. ii.

Where as some men by dissimulation and other meanes fayne them selues to bee louers to Women namaryed or Maydens or Wydowes, hauyng greate possessions and substaunce of goods, and get some Women into theyr possession, and conuey them into such places, from whence they wyll not suffer them to goe at their Liberty, except they will make to them Oblygations of great summes to bee payed vnto them, or cause them to bee bounden in a Statute Marchant, or sometime will compell them to bee maryed at their pleasure which if they refuse, to leuy vppon them the summes contained in the same obligations and Statutes: it is ordayned that the partie grieued shall haue a writ out of the Chauncery comprysing the whole matter of theyr vnreasonable intreatyng, directed to the [Page] Shyriffe commaundinge him to make pro [...]lamation at the nexte county after the receipt of the writ that the offendour shal appeare at a certayne day, & place, prefixed in [...]he writ before the Chaunceller or the Iuticers of assise of the shyre where such offences shall [...]ap to be done, or before some other person assigned by the chaunceller.

And the Shiriffe to whom such a wry [...] shalbe directed, shall execute the same according to the tenour thereof, vpon payne of iii. C. li. the one halfe to the kyng, the other to him y• will sue therefore by writ of debt, wherein no wager of Law, protectiō nor former plea (to cause the matter to bee tryed in another Countye then where the writ is brought) shalbe allowed .xxxi Henrici quarti, capitulo quarto.

Upon euery Inditemente, or Presentement taken before Shiriffes or other ministers in their turnes, or lawdayes. They shall deliuer the same Indytementes, and presentments to the Iusticers of the peace at their next Sessions vpon payne of .xl.li. And the Iustices of the peace shall awarde Processe vppon the same aswell as if they had bene taken before themselues and shal arrayue those that be so indited of [...]elony, & [Page] shall set fines vppon such as bee indyted of trespasse, the extreates of which fines shall bee enrolled by Indenture, and deliuered vnto the same Shiriffes, or mynisters.

And if any Shiriffes, or their ministers arrest or attache any person by colour of any such inditement, or presentment in their turnes, or lawe dayes, or els take any fine, or amerc [...]ament before they haue processe from the Iustycers of the peace, or afore y• excreats out of the Indytementes shall bee delyuered, they shall forfayte a C. [...]. the moyty whereof shall be to the party suing therefore by wryt of debt, in whych no wager of law nor protection shalbe allowed.

Anno primo Edwardi .4. cap. vitimo.

Upon an information made to Iusticers of peace, or other Iusticers against any person for retayning or geuing of liueries, or agaynst any that is retayned or taketh lyuery, y• Iusticers shall make processe there, as vpon a recouery of debt or trespas. And if the Shiriffe in any suite graunted therevpon agaynst any person being sufficiente, returne any lesse Issues then xx.s. at the first day of the distresse, and at the seconde day .xxx.s. & at the thyrd day .xl.s. and so at euery day after more by .x.s. in issues for euery [Page] such returne hee shall forfayte .xx. s. [...]. Edwardi .4. cap 2.

The olde Shyriffe shall haue power to returne Writs, and execute hys offyce during the terme of S. Michaell, and Hilary after the yeare of the sayd office expired vnlesse he be lawfully discharged, thereof before .15. Edwardi. 4 cap. II.

No shiriffe nor other officer shall sease, or take the goods of any person beinge arrested or emprysoned for Felony vntyll the same person be duly cōuict or attayneed of the same Felony by course of the common lawes or except the same goods bee otherwyse lawfully forfayte, vpon payne to forfayte the double value of the goods so tak [...] to the party grieued suing therefore by Action of debt, wherein no wager of lawe essoyne nor protection shall be allowed i. Richard. 3. capitulo. 3.

No bayliff or other officer in any panell within any county of this realme shall returne any person to bee put in or vppon any Inquiry, in the turnes of shiriffes, but such as be of good name & fame hauing freehold to the yerely value of .xx.s. or copyholde to the yerely value of .xxvi.s.viij.v. at the least aboue al charges vpō pain to lese for euery [Page] person not being sufficient, at euery tyme that they shall so offend .xl.s. and the Shiriffe other .xl.s. whereof y• one moyty shalbe to the party suinge therefore by [...] Action of debt, in which suite no protection or essoyne shalbe alowed. But wager of lawe is not expressed. And for that cause is behooueth to wake information thereof to the Eschequer. primo. Richardi .iii. cap. iiii.

Shiriffes or other, hauyng the custody of Iayles shall certifie the names of euery pris [...]ner being in theyr custody and of them committed for felony, vnto the Iusticers at the next generall Iayle deliuery to bee kalendred, vpon paine to forfayte for euery tyme that they make defaulte in so doinge a hundred shillinges. iii. H. 7. cap. 5.

Also the Shyriffe nor any other person in his name or by his commaundement [...] shall entre no playntes into their Bookes in no mans name vnlesse the playntiffe bee there in his proper person or els by sufficient atturney or Deputy that is knowne of good name, & the playntiffe shall finde pledges, persons y• bee knowne in that County, is pursue hys playnt, and the playntiffe shall haue but one playnt for one trespasse or one contract. And if the shiriffe or any other his [Page] officers cause to bee entred anye moe playntes then the playntiffe suppposeth that hee hath cause of Action agaynst the defendaūt then the Shiriffe or hys Clarke that both cause to bee entred any such playntes contrary to this acte shal forfayt for euerye default xl.s. the one halfe to him that wil sue, and proue the same matter by action of deb [...] or information.

Also the Shiriffe shal make sufficiēt precepte after such playntes entred agaynste the defendant directed to the Baylife of the hundred to attach or warne the defendante- [...] appeare and aunswere to the sayd playntes, and there be any defaulte in the sayd Bayliffe or the hūdred in warninge or executing of their offices, then to forfayte, xl.s. shillinges, and to be conuict therof by examinations of the Iustices of the peace or any of them.

The same Shiriffes nor their deputyes, shall make none estates to leuye the Shyriffes amercements til the two Iusticers of the peace, whereof one to bee of Quorum, haue the syghte of their Bookes, and the estreates to be indented betwene the Iusticers of peace & the Shiriffe & vndershiriffe, sealed with their seales, the one part to remayn [Page] with the sayde Iusticers, and the other part with the Shiriffe.

And those persōs that shall be gatherers of the sayd amerciaments shalbe sworne by the sayde Iusticers that they take no more money then is forfayte and contained in the estreates sealed with the seale of the Iusticers to the same, vppon the same payne of forfayture as is aboue rehearsed, the same gatherers to be conuict by examination of the same Iustices or one of them. And the same Iusticers of peace shall be appoynted at the sessions holden at Michelmas by him that is custos rotu [...]orum, or in his absence by the eldest of the quorum to haue the controlement of the sayd Shiriffes, vnder shiriffes, shyre Clarkes & other of the sayd officers, and of the sayd shirifs amerciaments And the said Iusticers of peace vppon suggestion shal [...] make Processe agaynst th [...] Shiriffe, vndershiriffe, shyre Clarkes, o [...] other officers to appeare before them to answere to such suggestion or information as is vsed in action of trespas. An. secundo. H. 6. cap. 15.

And euery Shiriffe shall cause to bee taken all vagabondes, idle people and suspecte persons, and set them in the Stocke [Page] there to remayne at the first takinge by one day and one night, and at the second time to be in the Stockes by 3. dayes & 3. nightes with bread and water.

And if anye Shiriffe execute not these premisses of euerye vagabond, bermit or beger able to labour, or Clarkes, pilgrims, or shipmen, as often as anye such commeth in sight, or that he hath therfore any knowledge within the towne or place where hee hath authority, that as oft as any such misdoer abydeth there aboue the space of one day and one night and depart vnexamined & vnpunished: for euery misdoer so departed the Shiriffe to loose three shillinges, and foure pence, and the Shirif in his turne hath authority to enquire of all yt defaults of Maiors, Bailifs, high Constables, pety Constables and all other gouernours and officers of Cities, townes & villages with in their turne, & to haue [...] s.4.d. for euerye defaulte found in his turne. Au, 15. Hen. 7. cap 12.

Also euery Shirife vpon a precept directed vnto him by the Iusticers of peace to returne a panell to enquire of any royot or vnlawful assemble committed, shall returne xxiiii. persons dwelling in the shire, euerye [Page] [...] viii.d. of copyhold or of both ouer all charges & to returne in issues euery person. xx.s at the first day, and at the second day .xl.s. and if the default be in the Shiriffe for returning of persons not being of that sufficiency or for no returning of Issues in forme beforesayd, he to forfait .xx li. An. xvi. Henrici vii. capitulo. xv.

Also if any royot [...]r assemble of people be made in any parte of this Realme agaynste the law, the Iusticers of the peace or two of them of the least, and the Shiriffe or vnder Shiriffe may come with the power of the County (if neede bee,) to arreste and brynge them before the same Iusticers o [...] the peace. And the Shiriffes or vnder Shiriffes haue power to recorde that, that the shall finde in their presence done contrary to the Lawe, and the offendour shal be conuicte by such recorde. And if they v [...] departed before the comming of the said I [...] sticers Shiriffe or vndershiriffe, then shal [...] the same Iustices or two of them within on [...] moneth after such royot enquire diligently where they assemble was made. And if the trueth cannot be found, then the same Iust [...]cers, or two of them and the Shiriff, or vnder [Page] [...] within a Moneth next following: shall certifye before the K. and his counsaile the whole deede with all the circumstaunces thereof, which certificate shalbe as stronge to put the partyes to answere thereuppon as in an inditemente found by xi. men, 13. Hen. 4, rapi. vltimo.

And if the sayd ryot or vnlawfull assemble be not found by reason of any imbracery or maintenaunce of the sayd Iury, then the sayde Iusticers of peace, the Shiriffes ouer and aboue such Certificate, that they must make according to the sayde Statute made. Anno xiii. Henrici. quarti, shal in the same Certifycate certifye the names of the sayde maintainers and imbrasours in that behalfe (if any bee) with their misdemeanours that they know, vpon paine of euery of the said Iusticers and Shiriffes, or vnder shiriffes xr. li. if they haue no reasonable excuse for not certifying of the same, whych certificate so made shal bee an inditement in the law and euery person duely proued to be maintayner or embrasour shal forfait, [...]x. li. and to be committed to ward there to remayne by discretion of the Iusticers. An xix. Hen. vii cap xiii.

Also that no Shiriffe vppon wryts and [Page] preceptes directed to him do returne before Escheatours or commissioners any person to inquire of any landes or tenementes, except euery of the same Iury haue landes & tenements of the yerely value of xl.s. aboue all charges in the same Shyre vppon paine of forfayture for euery person so returned a C.s. Anno. 3. Henric [...] oc [...]aui, capitulo secū do.

Also all panels put in by the Shiriff before any Iusticers of Iayle deliuerye or before Iusticers of peace (whereof one to bee of the Quorum) in their open Sessions to inquire, for the King shall bee reformed by puting to, and taking out of the name so impanelled dy discretion of the same Iusticers

And that the same Iusticers or Iusticer shall commaund euery Shiriffe and their ministers in their absēces to put other persons in the same panell so reformed by the Iusticers to be good. And if any Shiriffe do not returne the same panell so reformed, then euery Shiriffe so offending, for euery such offence shal forfayte xx. li. halfe to him that wil sue by actiō of debt, bill of cōplaint where such fall or be, and no wager of law essoyne, nor protection shalbe allowed.

Also vpon euery exigent (where writtes [Page] of proclamation are to be awarded) y• same wrytte of proclamation to haue the same day of returne that the exigene hath, and to be deliuery [...] of recorde, and the Shiriffe to make proclamation three seuerall dayes in hys playne county, whereof one of the proclamations to bee made at the generall Sessions in those partes where the party is supposed to be dwelling, that hee yeeld him selfe to the shiriffe of the forrayne Shyre yt ye shirife may haue the bodye at the day of ye exigent, returnable to answere to ye plaints & that the Shiriffe of the sayd County that hath such wryts of proclamation: duely execute the same, & therof make due returne at the day appoynted in the wrytte, vppon payne to forfayte such amerciament as by the Iustices shalbe assessed.

Shiriffes, Bayliffes Constables and all other head officers and euery of them, findyng or knowing any person vsyng or exercising any vnlawfull game contrarye to the Statute, haue full power to commit euery such offender to Ward there to remayne without bayle or maynpryse, till such time as they so offending be bound by obligatiō to the kinges vse in such summes of money as by discretiō of the sayd Shiriffs or other [Page] officers shall bee thought reasonable yt they from henceforth shall not vse any vnlawfull game .6. Hen. octa. capi secundo.

If any impotent person beg within anye other place, then within such limittes, as hee shall bee assygned, the Shiriffe and all other the kinges officers shall by their discretion punish such persons b [...] imprisonmēt in the Stockes, by the space of two Dayes and two Nightes, geuinge them Breade and Water onely, and after that, cause thē to be sworne to returne againe to the place where they be licensed to beg. Anno. 32 Hē. 8. capi. duodecimo.

The Iusticers of peace vppon informatiō or presentment made against any township for none executyng of this acte, shall make proces by distresse against the inhabitaūtes of the Towne, and thereby the shiriffe shal distrayne the goods of one or two of the inhabitaūtes of the Towne as he maye know for negligēt in the Towne, and retaine the distresse til they find surety to apeare at the Sessions before the Iusticer.

And vppon the returne of the Shiriffe of the distresse if the person appeare not, thē euery such person to loose xl.d. the first distresse, & at the second distresse. vi.s.viii.d. [Page] on hys defaulte, and so to bee doubled at euery distresse tyll appearaunce bee had.

Shyriffes that haue custody of Iayles shal make seales to bee grauen wyth the name of the Castle that hee keepeth for [...]to geeu [...] and seale Wryts to prysoners acquited, to beg for their fees within y• bun [...]reth where he is delyuered by syxe weekes nexte after hys deliuerye and then to goe to the Hundreth where hee last dwelled by three yeare or where he was borne. The shiriff shal not suffer any such prysoner to beg for hys fees nor to departe but to doo [...] seruice and laboure tyll that hee delyuer such Letter and the Clarke of the peace to make the bryefe within one daye after the Sessyons vppon payne of .xii.d. to the Kynge. An. 22 Henri. 8. capitulo .12.

For distroyinge of Crowes, Rooks, and Choughes, it is ordayned that euery persō hauing any Manours, lands, & tenemēts, in theyr manurance, shall do as much as in him is reasonable to kyl & destroy the same Crowes and Choughs, and Rookes breeding or abiding vpon his Landes, or Tenementes vpon payne of a grieuous amerciament to bee set. And if the offence be within the limmits of Leetes, or Courte barōs [Page] then to be set by the Steward wyth two of the presentours by the Steward and presē tours to bee named vpon the presentmente found and presented, and to bee reasonably assessed after the quality of the offence. And the amerciament to be to the Lord of ye law day, and if any person be Lord of such Manours, or inhabyte there (wherevnto any such Laweday or Rape is belonging) then vpon a presentment had before the shyriffe in his turne with two of the presentours to be chosen by the presentours shal ceasse the sayd amerciament by their discretion to the vse of the Kynge, and leuyed by distresse. An. 24. H. 8. cap. 10.

And the Shyriffes in their turnes shall geue in charge to the tenauntes and Inhabytaunts appearing before them that they shall duely enquire and put in execution the effect of thys Acte.

Shiriffs shall holde their Courtes from moneth to moneth: and where greater time is wont to be, greater shal be. Magna Carta. cap. 33.

The Kinge cōmaundeth that Shiriffes, and their officers which receiue hys debts shall acquite lawfully the debtours at the next accomptes after that they haue receaued [Page] the debt, and then it shall be allowed at the Eschequer, so y• it shall not come in the sommons after. And if the shiriff do otherwyse and be attaynted thereof, he shal render three tymes so much as hee hath receaued and shall make fine at the kinges will.

And if another do it for whose hande hee is aunswerable at the Eschequer, hee shall render the triple thereof to the playntiffe & shall make fine in the same. And the shiriffe shall make tayles to all thē that haue payd hym the Kings debts. Westminster primo Capituli no [...]o.

Concerning Shyriffes and other which haue leuyed the Kings debt, & make ray [...]es or other acqui [...]taunce to the debtour, and discharge him not, it is agreed that when the shiriff is impleaded therefore in the E [...] che [...]er by the debter, if he come not at ye distres, then shall another distres be awarded returnable at a certayn day wherein it shal be commaunded yt proclamatiō be made in the full county, y• the defendaūt shall come in by a certayne day to acquite the debtour of the sūme, for which hee made hym y• acquitaūce or tayle, at whych if hee come not in, & the wryt bee returned and the proclamation certified, hee shalbe holden conuict [Page] and the debt shall bee leuied of him, in lyke maner as debt recouered agaynst hym in the kinges courte & damages shalbe awarded to the playntif according to the discreation of the Barons. 14. Ed. 2. In the Statute of Attayntes in the last chap.

The Kinge commaundeth that all hys Shiriffes and Baylifes whych haue receaued hys debts, of the somons of the Eschequers which acquite not the debtours vpon the next accompte shall be punyshed accordyng to the estatute made. Distresses of y• Eschequer. Capitulo quinto.

It is ordayned that execution of Wryts whych come to the Shiriffe be made by the hundreders knowne and sworn [...] and in the full County and not by others if it bee not for great scarcity of hundreders. For then it shalbe done by other persons conueniēt & sworne. The statute of Lincolne ye last capi.

Shiriffes shall not be charged with the leauinge of any issues, nor shall leuy [...] any before they come out of y• Eschequer by the extreats there to be leuyed. And if percase any Shiriff returne issues vpon any recognitor pledg or manucaptor by hym assessed, and returned into our courte whych to the payment of the same Issues or Amerciaments [Page] at the time of the returne was insufficient, y• same shyriffe shalbe charged there wyth at the Eschequer, & shal make tayles to any person of all maner thynges by hym receyued, and shall not returne any where the names of Manucaptors, Iutours or other, except it be according to the tenour of y• Wryts to them dyrected, nor shall returne the names of pledges of freemen any where vnles they haue manyfestly confessed themselues pleadges. The statute of fines. cap. 2.

No shyriff, Coroner, or other the kyngs mynisters shall take no rewarde for doing his offyce, and if he do, he shall pay the double, and shalbe punished at the kynges will but shall be payd of that which they take of the kyng. West. i. cap. 26.

Shiriffes shall not suffer any barretour or mayntayners of matters within his coū ty, neyther stewards of great Lordes, other (which bee not atturneyes to their Lordes to do their suites) nor to sit vpon the iudgementes of the County, nor to pronounce them, except hee bee thereto required of all the Suters & atturneys that shall be there at the same io [...]rney. And if he doe the contrary, the kyng shall take it gr [...]euously to [Page] the Shiriffe, and the offendour. Westminster prime capitulo. 31.

It shalbe lawfull for euery Shiriff, Iusticer of peace, and Escheator to sease to y• Kinges vse all such goods and cattels that such persons as come withing thys Realme (that [...]e called Egyptians haue) & thereof to make account to the Kyng in his Eschequer, & to retayne & keepe y• moyty thereof to his owne vse, & account for the residue, & to pay no fees for the accoūt nor for his discharge thereof.

In these Statutes it appeareth what thing the shirif ought to do by reason of his office, and that hee ought not to take any thinge for doing his offyce, but onely that which is appoynted to him by the same statute. And if hee do or take any thyng otherwise: it is extor [...]ion, which ought to be enquired vppon by the Iustices of the peace, & the Shiriffe shalbe punished therefore.

And if any shiriffe doe any extortion to ye people, and [...]ee duely attaynted thereof hee shall straytely be punished therefore, at the pleasure of the Kyng. Anno primo. H. 4. captulo. 9.

Shyriffes may, and are bound to enquire of cōmon annoysances done to all maner of [Page] the Kynges Subiects, but not of assaultes made vppon any priuate person for that is but a particuler offence, by Martin. 4. Henrici sexti.

The shiriffe must keepe his turne wythin a moneth after Easter, and wythin a moneth after the feaste of S. Michael. And if be keepe it at any tyme after the moneth of the sayd feasts: it is voyde by the statute of An. 31. E. 3. cap. 19. And all inditements & presentmentes there taken after the same tyme be voyde.

Bloudshed shalbe enquired of in ye Shyriffes turne, because it is an article that is to be inquired of in a Leete. All Leetes be deriued & taken out of the Shiriffs turnes in so much that for defaulte of enquiry in leetes of things enquirable there, the same thinges there omitted ought to be inquired of in the turnes of shiriffes. 8. E. 4.

And all the Iusticers sayde that the shyriffe in his turne hath aucthority to inquire of all things that be trespasse, or felony by the cōmon law (except the death of a man) but of trespasse, or felony made by Statute the Shiriffe in his turne hath no power to enquire of M. 28. Edwardi. 3.

And if the Shiriffe in his turne inquire [Page] of Nusances, that shoulde bee inquired of in the Leete of an other & the same be foūd, yet may hee not distreyne for the amerciament of such a presentment. For if he doe: he is trespassour. But if there were a default in the Lord of y• Leete that he would not inquire or finde ye sūme when he ought to haue inquired thereof, in thys case it seemeth that y• Shyriffe in hys turne may enquire of it in default of the Lord .M.xxviij.E.3. And if one haue a fayre or market by graūt or prescription, & keepe not his fayre, or market as he ought: the shiriff ought to inquire thereof in his turne. 22 Hen. 6.

Uppon presentment of Nusance in the shiriffes turne, the party shall bee ame [...]ed there by the shiryffe, which may distrayne for the amerciament. And if propre stare be presented there the Shiriffe may abate the same, and refourme it. P. 26. E. 3.

Also it appeareth by the booke of Br [...]tō that vnto the turne of the shiryffe ought to come all the freeholders of the hūdred and other land tenaunts (Clarkes, men of Religion and Women onely excepted) where at the shiriffe shal cause .3. of the most sage and sufficient persons of the hundred to bee sworne. And then shall all the residue bee [Page] sworne by dosins and by the townes, which shall make their presentment to the first xii. Iurours, vppon the article wherewith they shalbe charged. And it seemeth that the Shiriffe ought to holde his turne in euery hundred within the county.

VVhat thinges be enquireable in the Shiriffes turne.

FIrst they shal enquire if there be any misdoer in the hūdred of whom any standeth in doubt of Lyfe or Lym, and what is his name.

Also they shall enquire of all mortall enemyes to the King, y• Queene, their children and councellours, of counterfaytyng ye Kings seale or his money, of ma [...]stears and murderers, burners of others corne or house [...] feloniously, of Burglours of robbers, of theeues, of outlawes, of those that haue abiured the Realme and come agayne, of Sorcerers and witches, of miscreances, heretykes, of traytours, and of poysoners, of [...]utters of purses, of Usurers, of bittailers buying and felling wittyngly stolne flesh, of them that wittinglye make whyte the Skinnes of Beast [...]s stolne, of redubbours that witingly [...]ye stolen clothes, & dresse them into an other fashion, of treasure hyd [Page] in the grounde, hues and cryes wrongfully or rightfully leuyed & not pursued, or waters stopped straightned or turned, of boundes pulled vp or wrongfullye chaunged, of Walles, houses, Gates, marle pits Ditches, or other disturbaunces made or le [...]d vppon any common waye to the annoyance: or pety bribours that sheare sheepe to haue the wolle, of such as take the boote, and of those that haue made a prisō of their owne house or houshold, of pounde breach, of trespassours in parke & pondes, of takers of other mens Dooues, of the assise of bread and ale broken, of them that buy and sell by measure agaynst the assise, of chaunce medleyes, of contectours, of bloodshed, watches vnkept, of the kinges high wayes not enlarged, of those yt haue kept appeachers in any other prison thē the kings or any other felon aboue a day and a night, of newe libertyes, customes or iurisdictions vsurped since the last turne, on water or on land, of weffes or wreckes of the sea, founde and kent away, of brydges and causies broken, and who ought to repaire them and of thos [...] that clayme fraunchises, or iudgemente [...] reall, and of all those of the age of twel [...] yeares [...]one out of the hundred which [...]e [Page] not come into their turne (except Clarkes, Knightes, their Children and wiues which bee not in do sins) of vagabondes by the countrey which are of no mans retinue, of whom there is an euill suspicion of lewde demeanour.

And when the townes haue geuen their verdite to the first Iurours, then immediately shal the first Iurours goe and geue vp their presentment, such as they will abyde by. And the presentmēt of felons they shall shew priuily. and the other openly. Breton. lib. [...]. fol. 38.

Nowe must yee inquire further if Bayliffes of libertyes and fraūchises, haue duely done their office, which resteth in three pointes, which is, that they truely execute the preceptes which be directed vnto them according to the tenours of the same; and that they make due answere and returne to the Shiriffe of the same preceptes; and that he take nothing for doing his office but onely the fees to hym due, and appoynted by the course of the law. And what fees they shall take, and what thyng they ought to doe by reason of theyr office shal appeare more plainly here folowing.

The office of Bayliffes of libertyes.

[Page]

VPpon a precept made by the Shiriffe to a Bailiffe of libertye vppon a writte of distresse directed to y• Shiriffe to distraine the refendant, or the Iurours in any inquest the Bayliffe must returne good and sufficient issues vppon the defendaūt, or vpon the Iurous if they haue sufficient goodes or landes within hys Bayliweeke, and if h [...]e do not, the plaintiffe in the action shal haue an auerment that hee might haue returned greatter issues, if the defendaūt make defait or the Iurours by the statute of [...]. Ed. 3. ca. 5. And the Iusticers of t [...]e peace must inquire if the Bayliffes haue done theyr office in that poynt.

Also they must inquire if Bayliffes of libertyes which bee keepers of any Iayle enforce any of their prisoners to be appealers to the intent to haue a fine of the partyes appealed for daubt of imprisonment, [...]. Ed. 4. cap vii.

Bayliffes of lybertyes which take inditementes in their turnes, or other where ought to take them by Indenture, whereof the one part shall remayne with the I [...]ditours, [Page] and the other with the Bailiffe. 2. Ed wardi 3. Cap. 17.

Non [...] shalbe made Bayliffe of liberties cxcept he haue sufficient landes in the place where he is minister, to make aunswere to the king and his people, 4. Ed. 3. cap. 9.

Bayliffes of libertyes which be Ioilours and haue the kepinge of prisons oughte to receyue and safely keepe all the eues deliuered to them by the Cōstables of the townes being indited, taken with the maner or appealed of felony without taking ought. 4. Ed. 3. cap. 19.

Bayliffes of libertyes must receyue such persons as be arrested in their fraunthise by the Constables, for suspicion of felony that walke in the Country by night or be of euill name, and shall keepe them in Prison vntill the comming of the Iustices of Iaile deliuery, & in the meane tyme the bailiffes must inquire of thē. 5. E 3 cap. 14.

Bailiffes of libertyes, Constables & other officers of townes where [...]oyterers and bagabonds resort, haue power to examine thē diligently, & compell them to find surety by sufficient mainpernours being distreinable of their good behauyour.

And if any default be founden in the same [Page] [...]oyterers and bagabonds, and cannot finde suerty, they shalbe sent to the next Iaile, there to remayne vntil the comminge of the Iusticers of Iaile deliuerye, which may do with them, as they shall thinke best by the course of the law. 7. R. 2. cap. 5.

No seruaunt or labourer at the ende of his terme shall depart out of the hundred or Rape where hee is dwellinge to dwell any other where, vnlesse hee bryng a letter patent contayning the cause of his going vnder the kinges sea [...]e thereto assigned. And if any seruant labourer be found vagarant without such letter, hee shalbe taken forth by the Shirifs, Maiors, Bailifes, or other officers: and put in stoekes till hee fynde suerty of returne to the towne to serue, from whence he came, vntil he haue such a letter to depart for cause reasonable. 12 R. 2. ca. 3. bailifs of libertyes haue power to arest seruantes & labourers y• wear daggers swordes & knyfes: and them to sease and keepe vntill the sessions of the peace and the weapons to present to ye Iustices there with the names of them that bare them, and the weapons shalbe forfayte, except they bee trauailing in the countrey with their maister, or theyr landes or busynesse. 12. R. 2. cap. 6.

[Page] Shyriffes & Bayliffes o [...] libertyes in theyr libertyes are bound to receiue seruauntes and labourers begging and vagarant, and them to detayne in Prison without baile, without taking anye fee or other thing of them at theyr entring or departing by them selues or by their deputies vppon paine of a C.s. to the king xii. R. ii. cap. 9.

Bayliffes of libertyes to whom the keeping of the assyse of breade and ale, and the correction of the same belongeth, shall take no amerciament nor fyne for no default touching the sayd assise for which the offendour ought by the lawe to haue corporall penaunce, but they shall iudge theym to the same penaunce. And Baylifes of liberties and ail other that haue the keepinge and ouersyght of vittayles shall put in due execution the statute made in the 23. yere of Et the .3. which beginneth, quia maior pars populi. &c. 13. R. 2. cap 8.

Butchers, Fishers, Hostelers, Bruers, Bakers, Pulters, and all other sellers of vittayles, are bounden to sell such maner of Uittailes at a reasonable price hauing regard to the price wherat such vittails are solde in other places neare so that they may haue a competent gaine and not excessiue [Page] according as by the distance of the places from whence the vittailes are carted they shall thinke reasonably to be required. And if any sell vittailes in any other maner and thereof be conuict: he shall pay the double of that he hath receiued to the party indamaged, or in his default to any other that will sue therfore. And maiors and Bailiffes of townes &c. haue power to enquire of all such as offend agaynst this ordinaunce in any poynt, and in case that the same Maiors, and Bailiffes be negligent in doyng execution of the premisses and thereuppon bee conuicted by the Iusticers assygned by vs, they shalbe cōpelled by the same Iusticers to restore the triple value of the thing solde to the party greeued, or to any other that in his defalt wil sue, and neuerthelesse shal be greeuously punished against vs. 24. Ed. 3. capi 6.

No Steward, Bayliffe, nor other minister of Lordes of fraunchise which haue returne of writtes shalbe atturney to any person in any matter within the same fraunchise or Bayliwicke where hee is officer at any maner tyme 4. H. 4. cap xix.

If any haynous roiot [...]e made, the Iusticers of the peace, & the Shiriffe or vnder-Shyriffe [Page] ought to do their office according to the statute made. 13. H. 4. And if they doe not, at the suite of the party grieued [...] cōmission shall goe forth to inquire thereof and of the default of y• Iusticers & the Shiriffe, and y• Coroner shall serue the processe and he must returne persons y• haue Lande to the yerely value of x.li. and shall returne also .xx.s. in Issues at the first day and .xl.s. at the seconde, and at the thirde a C. shillings, and so double it at euery day after. And if default be in the Coroner in returning the Issues or of persons of such lande bee shall leese .xl. pounde. And if the olde Shiriff be discharged, the new shiriff shall serue the processe, and not the Coroner vppon payne of xl. [...]. if the default he found in him, touching the returne of other persons by him impanelled whych haue not landes to the yearely value of .x.li. or to returne such Issues as the Coroners bee charged with. And Bayliffs of libertyes are bound for to impaneli sufficient persons, as aboue is sayd vpon payne to leefe .xl [...]l. in case that such persons may be found within his bayliwicke. 2. Hen. 5. Capitulo. 8.

Bayliffs of fraunchises ought to make their returnes and aūswers vnto y• shiriffe [Page] vpon hys precept made vnto them in a speciall wryt of assise .6. dayes before the daye of the sessions vppon payne to forfayte .xl.li. for euery tyme that they shall doe the contrary .vi. Hen. 6. cap. 2.

Where a Precept is made to the Shyriffe by Iusticers of the peace, to returne a panell to inquire of forcible entre, and hee sendeth his precept to the bayliff of y• liberty to returne the panell because y• ry [...] was done within the Liberty, nowe is the Baylyff boūden to make due returne and execution of the Precepts to hym dyrected vpon payne of .xx.l [...]. for euery defaulte. And the statute wyll that the Shyriffe shall returne xx s. in issues vpō euery Iurour at the first day, & that euery Iurour whych shall passe in y• inquiry shall spend .xl. [...]. yearely where by it seemeth that bayliffs of lyberties are bounden to doe lykewise, if so many of the sayd Iurours be within hys liberty for els he is not. 8. Hen. 6. cap. 9.

Bayliffs of lyberties in attayntes vppon plea of land of the yearely value of .xi.s. or more nor in attaynts for deedes cōcerninge lands of lyke value, nor in attayntes vppon personal actiōs wherein the recouery extē deth vnto .xl.l [...]. or more shall not returne, [Page] or impanell any person in such inquests but those that be dwelling wythin hys Baylywicke, and that haue Estate to theyr owne vse in landes or tenemēts for terme of Lyfe to the yerely value of xx.l [...]. or more, within his Bailywick out of aūcient deme [...]ne, & the five portes. And at the first day of y• dystresse returned shall returne no lesse issue in such actions of attayn [...]e then .xl.s. and y• second distresse .C.s. and the double of euery other distresse vpon the persons so impanelled and returned And if he doe the contrary he shall pay .x.li. to the Kinge and as much to the party. 15 Henri [...]l. 6. capitulo quinto.

Bayliffs and other the Kynges officers may arrest those Souldiers that come frō the Sea, & shew not letters Testimonialls from their captayns that they haue lycēsed them. And they shal keepe the [...] vntill they haue inquired whether that they had licēce, or not, and if they haue no such Lycence thē shal they be punished as [...]e [...]ons. 28. H. 6. capi. 19.

No Bayliffe of a liberty vpon any precepte to him directed to returne the panell of any enquest shall in the same returne any bayliffes, officers or seruants to any Officer [Page] aboue sayde, nor shall take any thynge by them selues, or by other, of any persō by them arrested or attached to their owne vse or auayle nor it any other person for any arrest or attachmēt by y• body made by thē or that is arrested by vertue of their office for fine, fee, suite of person, maynprise, letting to bayle, of shewing of any case or fauour to any person so being arrested for their rewarde or profit, but as is heere lymitted, yt is to wit, for the Shiriffe .xx.d. the Bayliffe yt maketh the arrest .iiii.d. & to the Iaylour if the prisoner be cōmitted to hym iiij.d. And no Bayliffe of any Liberty, nor Coroner by him selfe nor by other, by colour of his office shall take any thing for the making of returne, or panell, & for the copy of a panell, but .4.d. And bayliffes of libertyes shall let out of pryson all prisoners by them arrested, or beinge in their keepinge by force of any bill, writ, or warrant in any action personall, or by force of any inditement of trespasse, vppon reasonable surety hauinge sufficient wythin the Bayliwicke where they bee let to bayle, to keepe their daies in ye same places as ye same bill, writ, or warrant shall require, those onely excepted, which be in warde vppon condemnation [Page] or bee excommunycate or outlawed or arrested, vpon suretye of the peace, and vagarantes that refuse to serue. And that the sayde Bayliffes shall not take any Obligation of any person nor by any person beyng in theyr Warde by course of the Lawe, for any the causes aboue rehearsed but in the name of their Office, and vppon, the condition that the same Persons shall appeare at the dayes contained in the sayde writtes Billes, or Warraūtes and in such places as they requyre. And if any Bayliffe take any Obligation in any other fourme, by colour of hys Office it shall be voyde, and that he shall take no more for the making of any such Obligation, UUarraūt or precept by them to be made but .iiii d. And if they doe contrary to this ordinaunce in any poynte for so doyng they shall render to the party grieued his damages treble, and shall forfaite for euery tyme that they dothe contrary .xl.li. the one half whereof shal be to him that wil sue in any of the kings courtes therefore. &c. xxiii. H. vi. cap x.

Bayliffes of liberties ought not to seale the goods of any person arrested or imprisoned for felony before that they shall bee conuice or attaynted of the same Felony according [Page] to the law or els that the same goodes be otherwise forfaited, vppon payn to forfait the double value of the goods so taken vnto the parties endamaged suing therefore by action of debt, wherein no wager of Law, essoyne, nor protection shall in any wise be allowed to the defendaunt .i. Richardi ii. capitulo .iii.

Bayliffes of Liberties that be Iailers & haue the keeping of Iailes shall certifye the names of euery prisoner in his Iayle that is there for felony at the next generall Iayle deliuery in euery County or franchyse where such Iayle is to bee kalendred before the Iusticers of the same Iayle delyuery, vppon pain to forfait for euery default there recorded .v.l.iii. Hen viii. cap. iii.

Al Bayliffes and other head officers and euery of them findyng or knowyng any person vsing or exercising any vnlawful games contrary to the statutes haue power to commit euery such offender to ward and there to remaine in prisō, without baile or mainprise, till such time as he be bound by obligation in such summe as by discretion of hym that taketh the bonde seemeth reasonable to the kings vse that he shal play no more. An. vi. H viii. cap. ii.

[Page] All statutes made agaynst Siriffes, vnder Shiriffes, Baylifs or other Ministers for making & returnyng of pannels or Iuries or for due execution of seruing of Writs or other processe, or for takyng of fees or for the reformation of extortions, or for any other thinge concernyng their office and all paynes contayned in euery such Statute shal be extended to all stewards, bayliffes & other ministers and officers of Liberties and franchises hauing returne of writs and execution thereof in like maner as they extende to Shiriffes, theyr vndershiriffes, bayliffes, or other ministers, sauing that the bayliffes and officers of liberties may ocupy their offices for as longe time as they shalbe geuē vnto them An. xxvii. Henrici octaui capitulo .xxiii.

¶The office of Escheators.

YE shall inquire of Escheators, if they haue duely executed theyr Office and if they haue taken any more for doing thereof then they ought or if they haue committed & done any extortion or oppressiō vnto yt kings people by colour of their office.

And therefore yee shall vnderstand that [Page] no Escheator oughte to meddle or inquyre for the Kynge, but in case where the Kyng of right ought to bee intituled and haue the Land or thinge that is found for him by the inquest, for if one hold of the Kyng as of hys Duchy of Lancaster by knights seruice and dye, his heyre being wythin age, the Kynge to haue the ward of the heyre and the Land. And yet in case that if the Escheator finde it by Office hee shall haue nothyng for the findyng thereof, because the Tenaunt helde not of the Kynge in chief as of his Crowne. And therefore the King may enter and sease the Land and the Heyre wythout office and may graunt it. In like manner if the Eschetor finde by Office that one died seased and helde of other Lordes and not of the Kynge by Knightes seruice and that he is deade and his heyre wythin age, the Escheator shall demaunde nothing of ryghte for findyng of such an Office. And so if he finde an office that one dyed seased of such a manner in fee and helde of the Kynge as of such an honor or Castell by knights seruice, and his Heyre within age yet oughte not the Escheatour to haue any fee or duety for the findyng of that office, and if [...]e take any thynge therefore it is extortion which is well proued [Page] by the writ of diem clausit extremum the wordes whereof bee these. Quia Georgius Per. qui de nobis tenuit in capite die quo obijt diem clausit extremum vt accepimus, ideo tibi precepimus. &. Whereby it appeareth if one holde not of the Kynge in chiefe, the Escheator ought not to haue the fee of xl.s. for fynding of the Office. And if he take it in that behalfe it is extortion.

And in assise if the defendant say that the Landes are seased into the Kings hands by the Escheator, and the Escheator being there present and examined by the Iusticers thereuppon doth confesse that he hath seased the Lands into the kinges handes where indeede he hath not so done: in this case the escheator doth wronge to the plaintif whych may haue an action vpon his case agaynst the Escheator for his faished, and for that delay that he hath sustained through that confession by suing to the Kinge for a Procedendo.

None shalbe subescheator vnlesse hee haue sufficient la [...]d in those places where he is officer to aunswere to the king and his people in case that any will complaine against thē. Anno quarto. Edwardi tertij. cap ix. Anno. v tiusoem. cap. iiii.

[Page] The Escheators shall bee chosen euery yere as the Shiriffes shall bee & by the same persons that chose the Shiriffes.

And that no Escheator shall abyde in hys office aboue one yere. An. xiii. Edwardi tertij capitulo .vii.

The Escheators shall not doe waste in Bishoprickes and other places during the vacation of them, neither shall sell vnder woods, nor chase in parke or warraunts nor fish in Pondes, or free fishings, nor may take no fines of any tenements free nor bound, but shall cause them to be kept and saued without doing damage or any maner of oppressiō. An. xxiiii. E. iii. cap. iiii.

So by this statute it appeareth that it appertayneth to the office of an Escheator to sease the temporalities of Archbishoprickes, Byshoprickes, and Abayes of the kings foundation, during the vacation of ye same, and take the profites and to accompte for them to the Kynge in the Escheker how be it there is an other statute made in the same yeare in the effecte whereof is, that if the Deane and Chap. Prior or supprior wil take temporalities to Fearme, paying the value according to the remembraūces in the Eschecker, that they shall haue them before [Page] any other. And by an other statute made the same yeare, cap. quinto, the Chauncelour, Treasurer of the Eschecker, taking to them such other of the counsaile as they shall thinke good, shall lease the vacations of Archbishoprickes, Bishoprickes, Abbeis Prioryes and other Houses of religion the auoydance whereof belonge to the king the Deane and Chap. Prior or Supprior, Prioresse or Supprioresse, Couent at a certaine rent to pay by the yeare, quarter or Moneth during the vacations, as they shall thynke best, without makyng fine. And neither the Escheator nor any other officer shall seeke cause or matter to enter or to meddle, or do any thynge in a preiudice of the Churche. Sauing to the King and his heyres, knights fees, aduousons, Escheates, wardes, Mariages, reliefes and seruices to the said fees belonging, In witnes whereof the kynge caused his letters Patentes to bee made, thereof dated at West. the viii. day of Apryll. The yeare aboue mencioned whereby it appereth that the authority aforesayd to make Leases was geuen to the Chaunceller & the Treasurer by the kings letters patents. &c. Anno .xiiii. E. iii. cap. vi.

The escheators & other the kings ministers [Page] must make accompte in the Eschecker after this manner that is of Lands and tenemēts whereof profit ariseth from tyme to tyme, throughout the yeare as of Milles, Harbages to [...]pleas, profites of cources, or such other issues and profites, they shal be bounden to aunswere the king for the rate & value of the tyme accordyng to the old course of the Escheker. And touchyng auncyent fearmes and rentes that are to be payde at certayn tearmes as rent seeke, and rent seruice, whereof no profit ariseth vntil the daye of paiment, such rents and fearmes shal bee paid vnto them that haue liuery thereof out of the Kings hand at the termes of paiment of the said fearmes and rents next folowyng such liuery made, as wel for the tymes paste as the time to come .xxviii. Ed. iii. cap. iiii.

The Kinge and his Progenitors haue bene seased at forfaitours of Warres, tyme out of mynde that is aswell of Landes and possessions as of goodes and cattels. And by colour thereof the Escheators by their office haue seased many landes and tenemētes, as forfaytes to the Kynge surmising treason in some persons beyng dead at the tyme of the seaser, whych neuer were attaynted in theyr liues, the Kyng hath ordayned touching [Page] such forfaytures that fell in the tyme of his Graūdfather and before that so soone as an inquest thereof shall be returned into the Chauncery by any Escheator or other that hath power to enquyre thereof the Tenaunt shall not hee put out of possession but shall bee warned by a Scire facias, to appeare at a certaine day for to answere vnto the same if he will, & if no such forfaiture be sound the kinges hand shall bee closed so that in all other cases of forfaitures of treason by persons deceased nor attaynted, nor iudged in theyr Lyues their heyres nor lād Tenauntes shall not bee chalenged nor impeached of any other Forfaytures but of those onely that haue bene iudged in tyme paste afore the death of certayne persons by presentment in Eire in the Kings Bench, as of felons of the king & other. And therefore it seemeth that if one moue warre agaynste the King in his realme and is slayne in the same: then the Escheator may sease the lands & tenements as forfaitour of Warre without any other inquiry to be made thereof.

Euery Escheatour muste take his inquestes of office of good and lawfull men, sufficient of inheritance and of good fame & of the same county where the inquiry shall [Page] be made. And the inquestes shalbe indented betwene the escheators and the iurours, & if it be otherwise done: they shall bee voyd, and they shal be taken in good townes openly Trauerse may be taken to the escheators office, whereby any alienation or dying seased or that the heire is within age, and the land holden of the Kyng in chiefe is found.

Lands seased into the kyngs Handes by reason of ward shal be kept without waste. And the escheators shall haue no fee of venison, fish, nor other thing, but shall answere the Kinge of the issues and yearely profites arising of the sayd lands without wast. And if he do otherwise, then to make fine at the Kings will, and to pay treble damages at the sute of the heyre, as well within age, as of full age.

And if he be within age hys Freendes shall haue the sute for him, answeryng to the heyre of that, that shall bee so recouered of him. Concerning other landes seased into the Kynges handes by inquest of office by the escheators this foresayd ordinaūce, and punishment shall holde place agaynste the escheator. And if any make claime to lands so beeing seased: the Escheator shall returne an in inquest into the Chauncery with [Page] in one moneth after such seaser, so that a writ he deliuered to him to certifie the cause of the seaser, and there shall the party bee harde to trauerse the Office, or otherwise to shew his ryght, And the Chauncellour vppon his owne discretion (if hee see cause may sease the Lands to the Tenaunt paying to the king the value, if it belong to the king so that he findes surety, that he shall doe no wast until it be adiudged.

And the Escheators shall take theyr inquestes in good townes, and by honest Men openly by Indenture to be made betweene the Escheator and them of the inquest. And if he doe contrary to this ordinaunce: then to haue two yeares imprysonment, and further to make fine at the Kinges pleasure. Anno. xxxvi. Ed. iii. cap. xxii.

None shall bee Escheator if he haue not xx. li. Land at the least or more in fee and that they execute their office in proper persō. And if he be otherwise then to be put out, whereby it appeareth that the Subescheator can not inquyre nor fynd offyce. An. xli. Edwardi iii. capitulo v.

Escheators nor Commissioners, shal not take inquest, but by those that be impannelled and returned to the shiriffe, and if they [Page] doe other wyse and bee conuicte by examination or otherwyse at the sute of the party or of the Kinge or any other person that will sue, they shall incurrethe payne of .xl.li. the moitye to him at whose sute they shall be counict. And that no landes seased into the kings handes shal be let to fearme by ye Chauncellour, vntill the inqueste and vervits bee returned into the Chauncery, and by one moneth after the same returne except it bee to the party grieued which was put out of those lands by the inquestes and will offer to trauerse them, and shewe good euydence and and finde sufficient suretie to sue his trauerse with effect, and to pay to ye king the yearely value of the lands [...] If it happen to be discussed for the kinge. And if any Letters patentes of any lands or tenements to the contrary be made to any other persō then to him that offereth to trauerse, or hee let to fearme with in a moneth nexte to the sayd moneth of returne: they shal be voyd and holden for none, A viii. H. vi. cap. xix.

Escheators, and Commissioners, shall returne the inquestes taken before them into the chauncery or in the Eschecker with in one moneth next after the takyng of the same vppon payne of xx. l. the one moitye to [Page] the King, the other to him that wil sue, An. viii. Hen. vi. cap xix.

And if any Escheator take any office before him and do not returne the same into the Chauncery or the eschecker within the moneth next after the taking thereof he shal incurre the pain of forty poūd forfait by the statute made. Anno. viii. Heurici .vi. and further shal be bounden to pay to the King as much as he is indamaged by the not returnyng of the same. And yt the Chaūcellour of Englād callyng to hym the Treasurer of England may lease such Fearmes, for the due execution of the sayd Statute. Neuerthelesse it appeareth that the same statute giueth but xx. pound of forfait against the Escheator or cō missioner. Therefore search for the true record of both the statutes. An xviii. Hen. vi. capitulo .vii.

Escheators must take their inqueste of office by vertue of the writs of diem clausit extremum, and other Writtes wythin one moneth after the receipte of the same. And that such inquestes be taken in good townes and open places. And that none of them priuily nor openly by him selfe or by other, take any thynge for the execution of such [Page] wryts in one county aboue the summe of vis. viii.d. or xiii. [...]. iiii.d. or vnder, wyth hys labour and his costs so that the same that he hath taken altogither exceede not aboue xi. s. for the execution of any such wryt, in one county. And if he do contrary to the premisses thē to forfait the sūme of .xl.l. the moytie to him that wyll sue for the kyng and hymself. An. xxiii. Hen. vi. cap. xvii.

None shall be Escheators if hee haue not Landes or Tenements to the value of .xx Pounde wythin the Countye, for terme of Lyfe nor in the Countye where hee is Escheator. Nor no Escheator shal let hys office to fearme nor make deputy other then hee wyll at his peryll answere for, whose name he must certify by hys Letters patentes to the Treasurer and Barons of the Escheker for the tyme beyng wythin .xx. dayes after such deputation made, And that no such deputy take vppon hym to occupy in the said office vnlesse the Escheator haue Lands tenementes or Rentes to the yerely value of xx.l. as before is sayde. And if any Person do contrary to the premisses or any of them then to forfayte for euery defaulte .xl.li. the one moitye to hym that wyll sue and the other to the vse of the Kyngs house by action [Page] of debt, where no wager of law essoine or protection shal lye .22. E. 4: cap ix.

No Shiriffe, Escheator nor other persō shall sease or take the goodes of any person arrested or imprisoned, for felony before the same person so arrested or imprisoned, bee conuicte or attaynted of the same felony, accordyng to the law of England, or that the same goods shall be otherwyse forfayted vpon payne to forfayte the double value of ye goods taken to the party damaged, suinge therfore by action of debt, where no wager of law, essoyne nor protection shal lye. An. 1. R. cap. 3

If any Escheator or commissioner put in to any of the kinges courtes any inquisition or office concerning landes or tenementes, or other hereditamentes not found nor presented by the oathes of 12. men, and indēted & by them sealed, then to forfayte for euerye such offēce returned and put vnto any of the kinges courtes on .C.ii. to the party grieued A. iii. Hen vii. cap. ii.

No Escheator nor other Commissioner shall sit by vertue of any commission to inquire of landes or tenementes except hee haue landes or tenementes or hereditamēts to the yerely value of fourty markes, ouer [Page] all charges vpon payne of xx. pound.

The Escheators, and Commissioners shall be discharged by theyr othes that they may not dispend xl. Marke ouer all Charges and that vppon proces made agaynste them out of the Eschecker. The Escheators, and Commissioners shal sit in opē places & shall suffer euery person to giue euidence openly in theyr presence to the inquest taken before them vpon paine of .xx.l.

The Iary shal receiue the Counterpayne of the Indenture that shalbe presented, indē tēd and sealed by the Escheator, Commissioners and to rest in the possessiō of the first man that was sworne in the same Iury vpon paine of euery person that shal be sworne .xx. shillings.

And euery Escheator and Commissioner after the Iury is sworne, and ready to gyue theyr verdit, and offer to present the same yt the same Escheators or Commissioners or part of them shal receiue the same verdit wt out further delay vpon paine of a C li. & deliuer the counterpaine of the same Indenture to the Iury in fourme before sayd vppon the same paine.

And if the Clarke of the pety Bagge, or his deputye will not receiue such Offices, [Page] and put it into the Fyles to remayne of recorde wythin three dayes after it be receaued or offered to be receaued, he to forfayte for euery such default .xl.l [...]. And y• cōmissiner & Escheator to be discharged of the penalty of .xl.li. lymitted by the Statute for none returning of the same offyces, or inquisition wythin one moneth.

The like lawe & penalty to bee agaynst the officers in the kings Eschequer which ought to receiue such inquisition, for refusing so to receiue them. And the Commissioners, and Escheators to bee discharged of the penalty for not returninge of the same inquisition, so made by the sayde Escheators, or Commissioners at any tyme after the moneth of such office, before thē founde or before any of them wythin an other moneth then next ensuing, returned the sayde office into the Chaūcery, or Eschequer, as the case shall require. And the clark of the Pety bag to certify the transcript of euery such offyce taken before any commissioner, or Escheator, into the Eschequer the nexte tearme following the receipt thereof, vpon payne of [...].C.s. for euery default.

And no man be compelled to occupy the office of Escheator by any patent ouer one [Page] whole yeare, & hee that is once Escheator shall not be Escheator agayne wythin .iij. yeres next after yt sayd whole yere ended.

If any Escheator exercise his offyce by reason of any Patent ouer the tyme of one whole yeare ended, or bee made Escheator within .iij. yeres after: then after the sayd whole yeare ended hys patent so made to be voyd & the party grieued shall haue his recouery of euery of the sayd forfaytoures of one .C.li. by action of debt, where no wager of law, essoyn nor protection be allowed. There hee dyuers prouisions made for dyuers Escheators in Cities, & Boroughs and in diuers counties.

And if the Lands, or tenementes of any man be seased in the kynges hande by vertue of any office founde before the Escheator or Cōmissioner, or by reason of any other recorde foūde in the Chauncery or the Escheker, & be y• is so put out of his landes by reason of such recorde or offyce so found come and trauerse that Recorde, or Office and it is found for hym wherevpon he hath his iudgement, that the Kyngs hands bee closed & amoued: nowe if so bee that there bee an other recorde, or office found remayning amongest the Kyngs recordes, which [Page] is not trauersed nor tryed, yet shall not the Escheator sease the lands agayne into the kings handes by the reason of the recorde b [...]ing founde not trauersed. And if he doe; then both hee wronge and exto [...]cion, and the party that is put out shall haue assyse against him, and shall recouer double damages agaynst hym. But in this case the king must sue a Scire facias agaynst hym that hath the lands out of his hands vpon thys other record or office, that was not trauersed before. This is giuē by the Statute of Lincolne, calles the statute of Escheators. Anno 20. Edwardi .2.

And if the Escheator by colour of his offyce wythout warrant, or authority of the law that belongeth to his office, dissease any man of hys Landes or tenementes, the party that is disseased shall haue an assyse of Nouel disseison, and shal recouer double damages agaynste the Escheator, Westmin. 1. capi. 26.

The Escheator hath no power to amearce any man that appeareth before hym, and misdemeaneth him selfe, or if the Iurours that [...]ee [...]ōmoned appeare before doe make default, he shall recorde such things in his Role, and shall not amearce the Iurours, [Page] but hee shall sende the same recorde to the Iustycers in Eire, or to the Iustycers of assyse when they come into the countrey. It shalbe lawfull to the Shiriffe, Iusticer of peace, & Escheators to sease to the kings vse all such Goods, and Cattels that such persons as come within this Realme, that bee called Egyptians haue, and thereof to make accompt to ye king in his Eschequer, and to retayne and keepe the moity thereof to his owne vse, and accompt for yt residue, and to paye no fees for the accompt nor for hys discharge thereof.

The Offyce of Constables.

FOr asmuch as the offyce of a Constable was an office at the common Lawe of long cōtinuance, & was firste ordayned for the cōseruation of the kinges peace to be had and kept in euery towne amonge the kings Subiects there dwelling, somewhat shal be spoken. And howe farre forth their power doth extend, and what penalties are prouided agaynst them, for not executing theyr Offyces.

Who were conseruatours of the peace at the common lawe.

[Page] IT is now seene for the conseruation of the peace, what persons by the common lawe had authority therein, before the making of the Statutes whereby the Iusticers of the peace are ordayned.

And it seemeth that by the common lawe dyuers persons were conseruatours of the peace, for at the common law there was one persō which is called thiefe Iustice of England, to whō the king cōmitted his authority in ye ministratiō of iustice for things touching his crowne, & for the conseruation of hys peace among his subiectes through out al his realme, And that is proued by the writ which the K. sēdeth to him, yt he should hold his place in the ministratiō of Iustice to his subiectes in the forme aboue saide, throughout all his realme, wherby it doth appeare that the same chiefe Iustice is high conseruatour of the peace throughout all the countyes of England, and in euery part of the Realme where he goeth. Also there be other persons conseruators of the peace throughout the Realme, as the steward of England, the Marshall, and the Constable of England. Also the Constable of euerye towne were and bee keepers of the peace by the common law: likewyse the high Constables [Page] of hundreds, wapentakes, lathes, or tithinges were and bee conseruatours of the peace by the common lawe within the townes or hundreds, and within their limittes. And before the making of the Statutes whereby Iusticers of the peace are ordayned, the king by his commission made conseruatours of the peace in those coūties & places (where hym thought best) to keepe his peace, and the authority which conseruatours of the peace, had by the common law, is the same authority that a Constable of a towne or wapentake hath at this day, which I shall partly touch.

If one make assault vppon the Cōstable, the Constable may defend hym and maye take him, and commit him to the Iaile, vntill he haue found surety to keepe the peace, though that the assaulte were made vppon him selfe. As it appeareth Micha. v. Henrici. vii. in the tytle Bar. Much more then if a Constable see one making assult vppon a straunge person, he may take hym and cō mit him to prison, or to the Iaile, vntill he haue found surety to keepe the peace.

And if one man threate another wherevpon hee that is threatned commeth to the Constable, and sheweth his matter, & prayeth [Page] hym to compell hym that so threatned him to find surety: in this case the Cōstable and the party that is threatned may goe and compell him that so did make such threatning to fynd surety to keepe the peace, and yf he wil not: they may commit him toward vntill hee haue founde such suretye as you may see Mich. 44. Edwardi 3. in the tytle of Bar.

And if one be stricken in perill of death, it is the office of the Constable of the Towne to arrest the offender, and to keepe hym in prison vntill it be knowen whether the party so stricken shall liue or dye vntill that hee haue found suretie to appear before the Iusticers of Iayle deliuery, or at such tyme as he shalbe called vppon to appeare before y• Iusticers at their discretion.

And if one flee for felony it is the office of the Cōstable of the town to sease his goods and to keepe them, and if they hap to be impayred in his keeping, he shall answere for them to the King 2. E 3. in the Shyre of Northampton, but by the statute ma [...]e. 1. R 3. capit. 3. that is chaunged. And if felons or murderers he in the town, & the Constable haue knowledge thereof, it is hys office and duety to assemble people for to take thē

[Page] And yf one take a felon in the Towne & bryng hym to the Constable to bee cōueyed to the Iayle, the Constables office is to cary hym thither, and to cause other of the towne to ayde and assist hym in so doyng.

And note that the constables were ordained for two intentes, yt is to wit, to keepe the peace, and also to represse felons, to take surety by obligation of such persons as they shall fynde making of frayes.

It apperatyneth to the office of the chiefe Constable of England to haue co [...]sance of deedes of armes any contractes touchinge deedes of armes & of war out of the realme and in lyke manner of thynges touchinge armes within the realme; which cannot bee determined by the common lawe, as it appeareth clearly by the Statute made the 13. yere of Ri. 2. cap. 2.

Also it appeareth by the Statute made. anno primo. H. 4. cap. 13. that all appeales to to bee made of thinges done out of y• realme of England shalbe tried and determined before the Constable & Marshall of England for the tyme beyng.

Also when battaile is ioyned in a writte of ryght or in appeale, that shalbe de [...]ayned before the Constable & Marshall; how be it [Page] the Iusticers must see the battayle done because y• they be properly Iudges thereof, & not the Constable nor the Marshall.

And the Constables haue manye other authorityes as wel by the common law, as by statutes made, y• which you may see there

Anno 7. Ed. 4. It is sayd the gardiners of the peace at the common lawe may inquire of congregations, & vnlawfull assemblyes, and of disseyson with force, but not of entre with force. But now by the statute yf anye entre with force, or do disseason with force, or entre peaceablye, and kept passession with force; the Iustices of peace may make restitution to the party and put hym in possessiō by theyr writ directed to the Shiriffe, Constables in the townes where they beare office may arest men y• go or ride armed in fayres, or markettes, by day or by night and take their armour as forfait to the kinge, imprison them at the Kings pleasure. An. 2. Ed. 3. at Northampton.

The Kinges purueyours ought to make theyr purueyaunce for the Kinges house, by the Constable, and 4 honest men of the townes, where such purueiaunce shall bee made without threatning. And in presence of y• Cōstable, tayles shall be made & sealed [Page] with the seales of the takers, betweene the sayd takers & the partyes of whō the goods be taken, And if any taker make his prise otherwyse: it shalbe done with him as with a theefe. An. 12 Ed. [...] cap. [...],

Constables of townes must arrest such as passe by night, of whom suspicion is had, and deliuer them to the Shiriffe, there to remayne in ward vntill they bee duely deliuered. Also they must arrest such as be called robberdes men. wasters, and draw la [...] ches (if suspicion he had of any such) be it by night or day, & deliuer them to the Shiriffe vntil the comming of the Iusticers of Iaile deliuery. 5 E. 3. cap. 13.

It is ordayned that none shall take for threshing a quarter of wheat or corne aboue 2.d. ob. & for a quarter of Barley, Beanes, Peas & O [...]es. 1, d. ob. if so much haue ben vsed to bee geuen, and in the countrey where they vse to reape by the sheffe, and thresh by the bushell, they shall take no more or otherwyse. And that such labourers and other seruauntes shall make an oth two tymes in the yere before Lordes, Stewardes, Bayliffes and Constables of euery towne, to do & keepe this ordinaunce, & that none of thē shal go out of ye town wher they dwelled in [Page] winter for to serue in sommer (if hee can haue seruice in the same Towne) sauyng to the folke of the countyes of Stafford, Darby, Lancaster, Crauen, and the marches of wales, theyr free liberty to labour in other countryes in the tyme of August. And they that refuse to make such othe, or to perfourme the thing that they haue sworne & taken vppon them shalbe put in the stockes, by the sayd Stewardes, Bayliffes, Cōstables of townes by the space of three dayes, or more, and shalbe sent after to the nexte Iayle, & there to remayne vntil they wil be ordered, and yt there bee Stockes in euerye towne for the same intente. And the Stewards, bailifs, & Constables shal make oth before the iusticers assigned to enquire diligently of al thē that offēd against this ordinaunce & to certify their names before the same Iustices when they shal come into the coūtry, to kepe their sessiōs, vpō which certificate made, the same Iustices shall cause them to be attached by their bodyes to appeare before the same Iustices to answere vnto such contempts; so that if they bee attaynted: they shall make fine and raunsome and further to be commaunded to prison vntill they haue found surety to serue in maner [Page] aboue sayde. And the Iustices at euerye tyme that they shall come into the countrye shall inquire of Stewardes, Bayliffes and Constables, whether they haue made good and lawfull certificate, or haue concealed ought for any gyfte, procurement, or affinity, & shall punish them by fine and raunsome if they be found guilty. 25. Ed. 3. Capit. 2. and 8.

Constables of townes whereas faytours or vagabondes resort, haue power to examine them diligently, & cōpel them to finde surety of their good behauiour, by sufficient may [...]pernours dist [...]einable in case that any default bee found in such feytures and vagabondes. And if they can finde no such surety: then to be sent vnto the next Iayle, there to remayne vnto the comming of the Iustices of Iayles deliuery, which haue authority to do with such faytors and vagabondes as they shall thinke best to bee done by the law. Anno 1. Ri. 2. cap. 5.

Constables of townes may arrest any Seruant labourer comming to the Towne from any place vagarant, vnlesse hee haue a letter contayning the cause of hys goynge & the time of his returne, vnder the kinges [Page] seale that thereto shalbe assigned & delyuered to the custody of some honest man of the hundred, Wapentake, City, or Boroughe, according to the discretion of the Iustices of peace. And y• Constables may put hym in stocks, & keepe him vntill he haue found surety to returne to his seruice, or to serue in the towne from whence he came vntil he haue a letter to departe vppon cause reasonable. An. 12. Ri. secundi. cap. 3.

Constables haue power to arrest Sernaūts, & labourers that beare about them Hanger, Dagger, or knife, and to sease the sayd weapōs as forfayt & them to keepe vntill the sessions of the Iustices of peace before whom they shall present such weapons with the names of them yt bare them, except that they trauell in the coūtrey in their masters message 14. Ri. 2. cap. 6.

Shiriffs and other the kyngs mynisters may take the power of the countrey to represse assemblies and royots in outragions number, & to commit them to pryson. An. 17. Ri. 2. cap. 8. It seemeth by these words (the Kinges mynisters) that Constables of townes, haue power to do so by thys act aswell as the shiriffes.

Constables may at rest seruaūtes labourers, [Page] and imprison them by the space of sixe dayes, which vse not Bowes, and arrowes vpon So [...]dayes & such other festiual daies, which will not leaue vtterly all playing at the Ba [...] aswell with hand as with Foote, and other games called coyts, dice, casting of the stones, ke [...]les, & all other like importunate games .xi. Hen. 4. cap. 4.

Constables and all the kings liege people that are able to trauaile wtin the county must be assisting, & aydoing to the Iusticers of peace, and the Shiriffe to represse great riots, and vnlawfull assembles vpon payne of imprysonment, and to make fine & raunsome. Anno secundo. Hen. 5. cap 8.

Constables shall be made in euery parte of y• marches of Wales & market townes to inquire, searche and arrest such persons that cary victayle, or armour to any parte of Wales, wtout the kinges licence whych Constables shall haue the 6. part of the forfayte for their trauayle .4. H. 4. cap. 16.

Constables of port townes (where souldiours that haue bene retayned in Wages to serue in warre beyond Sea or vpō the Sea, & depart from their Captaynes, and turne backe & arryue in any porte of Englend wtout licence of their Captayne vnder [Page] hys seale, may arrest such souldiers & keepe them vntil inquiry be made of them: and if it may be prooued by inquiry before Iustycers of the peace, and prooues yt they haue mustred of recorde, & departed from theyr captaine (as before is sayd) without licēce: then they to be punished as felons. Anno. 18 Hen. 6. cap. 19.

The Constables, Tythingmen, & chiefe pledges of euery towne, must assist & ayde the owners & sellers of any goods (where the kings purueiou [...]s will make their purueyaunce, or bargayne of any goods to the value of .x [...].s. or vnder) of any person and will not pay prest paimēt in hand: in which case it shall be lawfull for euery one of the Kings lieges: to retayne them, and to resist such purueyours and not to suffer them to make any such purueyaunce. And if the Constable, tythingman, or chiefe pledge be required to ayde and assist any Man in making such resistaunce, and hee refuse it, bee shall pay to the party grieued the value of the thinge so taken, by action of debt, wyth the damages to the double. An. 20. Hen. 6. capitulo. 14.

Constables may arrest purueyors or buiers for any Lorde or other person (excepte [Page] purueyors for the King & Queene) whych take any vitayle or cariage against the wyll of the owners, & to cōmit them to the next prison of the kings there to remayne wtout bayle or maynprise vntill they haue deliuered al the sayd victayles or cariages, and other thinges so takē. And if the Constables do otherwise when they be required: they shall forfayte twenty pound. The moyty to be to the party from whom the goods were taken, to bee recouered by Action of debt, wherein the defendant shall not wage hys lawe. An. 23. Hen. 6. cap. 13.

Clothiers shall pay to carders, spinners and other Labourers lawefull Money for their wages, & carders, fullers, and other labourers shall doe the or duety vpon paine of double damages. And the Constables of the hundred or Constable may heare and determyne the complaintes of e [...]ery such clothier, and labou [...]er, as well for no payment of the sayd wages of labourers, as of the sayde forfaytures and damages by due examination of the parties in that behalfe, and further for none payment of the sayde duties, forfaytures and damages, to cōmit the trespassor to the next Iayle in the same county, vntill the sayd duties, forfaitures, & [Page] damages, to commit the trespasso [...]res to the next Iayle in the same county, vntil the sayd duties forfaytures, and damages bee duely payed [...]ato the sayd labourers or clothiers. 4. Ed. 4. cap. 1.

Euery highe Constable or pety Constable shall take or cause to bee taken all va [...]abounds, idle people and suspect persons liuing suspiciously & set them in the stockes and there to remayne by one day, and one night, and to haue none other sustenaunce but bread and water, and then to auoyd the towne where they were taken, into such place or hundred where they were borne, or where they last dwelled by the space of .iij. yeares. And if eftsoones they bee taken in such default, then they to be set lykewise in the stocks by three dayes and three nightees wyth like dyet .xix. Hen. 7. cap. 12.

Constables and other head officers, and euery of them findinge, or knowinge any person vsing or exercisinge any vnlawfull games, as Tenis play, bowles, clashe, and all other vnlawefull games prohibited by many Statutes, shall haue full power to commit euery such offendour to ward there to remayne without bayle, or Maynepryse, till such tyme hie or they so offendinge bee [Page] bound by obligation to the Kynges vse, in such sūme as by the discretion of the same officer shalbe thought reasonable that thei from thence forth shall not vse any vnlawfull games. 6. Hen. 8. cap. 2.

For wages for water men and for theyr barges or boates, or for a Barge from Lō don to Graues end .iij.s. or els euery person and his male .ij.d. From London to Eryth, Gr [...]nwhich, Grastorock, or Parfler .xij.d. or [...]ls for euery person, and hys fardle. 1.d. so it passe not .vij.d. From London to Wulwich .xiij.d. for a boate or whery that is y• tide boate, or els for euery person. ob. From London to Greenwhich .iij. d. or els, [...]. for euery person and hys fardle. From London bridge, Sainct Mary Oueries, or Paules wharfe, to Westminster, iij d. or els euery person. ob. From the Blacke Friers, Bridewell, & the Temple, to Westminster, or Lambeth .ij.d. with their males or els euery person .ob. so that it amount to .ij.d. From Westminster to Lambeth or stayngate. ob. for a boate. From London to Mortlake .xij.d. or els euery person .ij.d. with hys male. And from those places about named, to London for a boate or barge like sūmes to be paid. And [Page] these articles to bee kept vpon paine to forfait treble the fare; and Bailiffes Constables and other the Kinges officers next adioyning to the series vpon complaynt to thē made or to any of them, by them that be grieued in that behalfe, may arrest them, and cō mit them to warde for theyr misdemeanour & to make fine for the same .vi. H. viii.ca.vi [...].

By the statute made. An. xxii. Hen. viii. how impotente persons shall bee ordered to begge and haue their liuing. It is ordained that if any impotente Person auctorysed to begge do beg in any other place then within the limits to him assigned: then the constables and all other the kings officers shall by their discretion punish all such Persons by imprisonment in the stockes by the space of two dayes and ii. Nyghts, geuyng them but onely Breade and Water. And after that to cause euery such person to be sworde to returne agayne wythout delaye, to the hundreth, R [...]pe, City, Borough, Towne parish or franchise wherein they be auctorysed to beg in.

And if any impotente Person bee vagarant, and goe a begging & ha [...]e no such, letter vnder seale as is specified by this statute then the Constables and all other inhabytauntes [Page] wythin such Cownes or parish shal cause euery such Begger to bee taken and broughte to the next Iusticer of peace or high constable of the hundred. And thereuppon the sayd Iusticers of peace or hygh constable shal, commaund the said Cōstables and inhabitantes of the Towne or Parish, which shall bryng before hym any such begger that they shall s [...]ryp hym naked from the middle vpward, and cause him to be whipped wythin the Towne or where he was taken or where the same iusticers of peace or hygh Constable shall appoynte. And if not: then to commaund such begger to bee set in the stockes in the same towne or parysh where he was takē by the space of thre daies and three Nyghtes, to haue onely Breade and Water and thereuppon the sayd Iusticers or hygh Constable shall limit a place to the same Begger to begge in. And to giue hym a Letter vnder seale in fourme before limytted & to sweare hym to repaire thyther immediatly after his punishment executed.

And all other Persons beeing whole & mighty in Body that doe begge, the Constable of the hundred Rape, or Wapentakē wherein such Persons shall bee taken, and [Page] [...]he Iusticers of peace or high Constable before whom they shalbe brought by theyr discretion shall cause them to be brought to such places as they thinke conuenient, and there to bee whipped naked through the towne or market, and then to bee sworne to returne to the place where he was borne or where he last dwelled by the space of 3. yeres, and to haue a letter vnder the seale witnessing that he hath bene punished.

Also all persons that a biure to sainctuary within [...]his realme shalbe cōueyed thervnto by the Constables of euerye towneship that is from Towne to Towne till that hee come vnto that same Sainctuary wher vnto he is abiured in lyke maner & fourme as persons that had abiured this [...]ealme should haue bene conueied to the next port of the sea from that place where they be abiured vnto the same pore by course of the cō mon law before the making of this Statute 22 H. 8. cap. 13.

Euery farmer or owner of landes, tenemente or hereditamentes, whereof y• yerely value or rent amounteth to fiue poundes [...] which manureth, the same shall pay to euery person, which by his diligence and laboure at hys owne costes taketh any old [...] [Page] Crows, Rookes or Choughs vpon the same Landes Tenements, or hereditamentes of the yerely value aforesayd .ii. pence for euery xli. old Crows, Rookes, or Choughes and a penye for [...], and a halfe peny for .iii. olde Crowes, Rookes, or Choughes. And any Farmer or owner refuse to pay the sayde money accordyng as is aforesayd, then vpon a complaynt and proofe made thereof to any Iusticer of peace, or high Constable the same Iusticer, or byghe Constable shall cause the samemoney to be leuied by distresse of the goods and cattels of euery such Farmer or occupyer of the same lands and tenements. Anno xiiii Henrici .vii [...]. cap. x.

Where it is ordayned by a Statute made in the vii. yeare of Richard the Second .cap ix. that he whych espyeth and proueth defaultes in any Clothes, put to saie contrary to the assise thereof, ordayned touchyng Clothes and contrary to the sayd statutes should haue the thyrde parte of euery such cloth beeing defectiue for hys Labour by the deliuery of the Shiriffes if they bee present or els of the Lordes of Fayres and Markets or of Stewards Bayliffes or Constables of townes, where such defectiue [Page] clothes shalbe found by Indēture betwene them to be made the which shalbe deliuered euery yere in the escheker at the feast of S. Michaell by them that shal make such deliuery, to the intēt to charge the Annagours and toilours, by whom such manner of defaultes ought to be searched and amended. An. 7. Ri. 2. cap. 9.

If any person, shippe, marchaundise of Staple, be in place suspect adioyning to the Costes of the Water, and maketh no Indentures thereof betweene him & the maior or Constable of the towne, they shalbe forfayte, and the king shal haue the moytye. And it is lawful for euery person to searche in these causes. An. [...] 4. Hen. 6 cap. 5.

It is ordayned that a Horseman shall pay for passage at Douer 3. s. and a footeman 6. d.. And the Constable of Douer to punish them that do contrarye at the suite of the party that will complayne and shall do him right in that behalfe. Anno. 4. Ed. 3 cap. viii.

The office of Coroners.

[Page] FOr to declare playnely the Offyce of a Coroner, it appeareth by the Statute of Magna carta in the xv. capi. that no Coroner ought to holde any pleas of ye Corone. But Breton declareth ye offyce of a Coroner in forme following.

First that in euery county Coroners shall be the principall conseruators of the peace to beare record of al the pleas of the crown of abiurations, vtlagaries, & such like, and the Coroners shall make an othe before the Shiriffes in the full county, that they shall make their inquests, inrollementes, and all that to the coroners office apertaineth, lawfully or wythout askinge allowance. And if any felony chaunce, or treasure be found or any Woman ra [...]yshed, or Pryson broke, or any man wounded nighe vnto death, the coroner so soone as hee shall knowe thereof shal send to the Shiriffes and Bayliffs of ye places where such aduenture shall happen to cause to come before hym, at a certayne day at the place where such chaunce befell, foure of the nexte towneships, and other if neede be by whom hee shall inquire the verity & shall compel the townships to sweare vpon the Saints to shew the truth of those articles yt he shal demaunde of them. Then [Page] shall the Coroner and the Iurours viewe the body, the Woundes, and the stroakes, and immedyately after such view had, the Body shall bee buryed, And if the Coroner finde the body buried before the commyng hee shall recorde the same: neuerthelesse he shall not omit to digge vp the Body and make it to be viewed openly of the Townes. And those Iurours which haue bene sommoned and come not to the inquyries of coroners shall bee amerced at the commyng of the Iusticers at the first assises in those counties so that such defaultes be entred in Coroners rolle: so that the Coroner shall haue no power to amerce no man for any default. And when the inquest is sworne, the Coroner muste inquyre if the person were slayne by felony were done within a House or without, and all the circumstaunce. And after it shall be inquyred who were present at that deede and who be culpable of the said force, commaundement, consent or receipte of such felonies wittyngly. And if the Coroner haue any suspection of the first inqueste for concealemēt of the truth or if it bee needeful to inquyre better by other, then shal hee inquyre diuers times & al such as therof shal [Page] hap to be indited the shiriffe shal take in all the hast if they may be found, and if not the Coroner shall inquire who they be and who hath withdrawen thēselues for that occasiō and the Shiriffe shal forthwith cause their lands to be seased, & afterwardes, all their goods, and cause them to be praised by lawfull inquest and the goodes with the prises shalbe inrolled in the Coroners rolle and shal bee deliuered to the township for to bee answereable therfore vnto the K. in case the party so indited flee, & wil not stād to right.

And after they shall inquire if hee that is indyted did euer fynde surety to keepe the kings peace & the names of hys may [...]pernours, which he shall enter into his rolle.

And if the playntiffe will sue apeale within the yere and the day, then shall hee fynd two sufficient pledges to the Shiriffe of ye county distreinable within the same to sue his appeale according to the lawe of ye land. And thē shal the Coroner cause the appeale to be entered, with the names of the pledges and after it shalbe commaunded vnto the sergeant of the county where such felony is done which as mee seemeth, is the Shiriffe or his bayliffe errant that he hath the bodye at the next county. And if the [Page] Sergeant returne at the second county that he cannot fynd them, then shall it be awarded that the pryncipall beyng appealed of the deede shal be solempnely called to stād to right touching the same felony and so shalbe called from coūty to county vntil they come or bee outlawed, and if the plaintiffe make default at any countie then shall the exigent passe vntill the comming of the Iusticers of the Kynges benche or the Iusticers in Eire in the county. And if the pryncipall be outlawed the exigents shall goe forth immediatly agaynst accessaries. And when they shall be outlawed wythdrawen or suspected [...] the Coroner shall inquyre at whose finding such a fugitiue hath bene and accordyng vnto the verdit hee shall inrolle it and then inquyre of the Landes and goods of y• fugitiue. And if they appeare before outlawry they shalbe repleuiable, aud if the felony were done out of a House: the Coroner shall inquyre who found the body fyrst and he shal be taken and let go vnder sureties. And that no Iurour be remoued by chalenge of any party. Neyther shall any Coroner take any thinge by him selfe or by other, nor suffer to bee taken by his Clarke for doing his office, And if it be found that any is deade by [Page] misaduenture then shall it bee inquired what misaduenture as if it be found that he fell from a Mill, it shalbe inquired what thinges were then mouing there, and how much they bee worth, and so if he fell out of a carte, & if one fall out of a shippe nothing shalbe iudged the cause of his death but the shippe and the thinges that mooue therin, & not the marchaundise lying therin.

And the Coroners ought to receiue the confession of felons made by proouers in in presence of y• shiriffe who shal be his controller in all his office, and such confession he shall cause to bee inrolled; and when any person fleeth to a Church so sone as the Coroner shall haue knowledge therof he shal send to the Bailiffe of the place, that he shal cause to come before hym by a certaine day the neighbours, & foure of the next townships adioyning to the Church, and in their presence shall receiue the confession of the [...]elon. And if the fugityue pray to abiure the realme: the Coroner shal do that the which to his office belongeth.

Also he shall inquire of rape and all the circumstaunce, the appeales, whereof with all other Appeals of robbery, felony and such like hee shall cause to bee entred [Page] in his rolle.

And they shall inquyre of treasure foundē [...] of wreckes of the Sea and of Sturgions & of Whales taken, and who were takers, whose names they shall inroll and let them go by mainpryse. And such thynges as shall happen to be founden they shal safely keepe to the kyngs vse. And the Shiriffs & Bayliffes shal be alwayes attendant vpon them, and at theyr commaundements.

It is ordayned that throughout all the Counties of England there be chosen sufficient Coroners of the moste sage and lawfull Knyghtes that may best to the same office intende whych lawfullye shall attache and present peales of Corone as well of appeales as of thynges to the same Office belongyng. And that no Coroner demaunde or take any thynge for doyng his office, vppon paine of a griuous forfaiture to the king i. West .cap. xii. But now by the Stat [...]te made. Anno. i. Hen .viii. cap. i. the Coroner shall haue xiii .s.iiii.d. of the goodes of the murderer and if the murder bee committed in the day time and the murderer escape the coroner shall haue xiii .s.iiii.d. for the escape vpon the towneship, also it appeareth by [...] Statute made in the xiii. yere of E. the fyrste [Page] whych is called the statute of Excerer, vnder what order inquisition shal be made of the defaults of Coroners bee they alyue, or dead; where he shall see the charge that shal be geeuen to the inquests y• shal be charged to inquire of Coroners, in whych charge it appeareth further what the Coroner ought to do by his office; which charge heere insueth.

¶The forme of the charge to inquire of the defaults of the Coroners according to the statute of Exceter.

FIrst they shall inquire if the Coroner, go in proper person to doe his offyce or not, whereby it appeareth that he cannot make a deputy.

2. Also if hee haue sente any other to doe his offyce what hee was, and howe often & about what aduentures.

3. Also if hee came at euery tyme of hys owne good wyll without delay, or that hee or his Clarke haue taken any thing for the more speedy executing of their office.

4. Also if hee tary or delay to the intent to haue any rewarde after yt hee hath knowledge of the truth, & after y• he is sent vnto, how oftē, and in what place, and vnder what maner.

5. Also if the Goods of Felons taken by [Page] him be deliuered to the townes to keepe by a lawfull inquest as they ought to be & inrolled in his recorde or not.

6. Also if the Coroner take any thing of any person for to take a false inquest for to destroy the right of any or to prayse y• goods for lesse then they be worthe.

7. Also if he enter any thing in hys rolles otherwise than it was geuen by the inquest and what thing he or his clerke tooke therefore & how often, and for what thinge hee, or his Clerk tooke such things.

8 [...] Also if he or his Clerke tooke of the goods that were prysed, and prysed them at lesse, then they entred them in their rolles.

9. Also if y• prises were not assessed by the inquest.

10. Also if y• township were falsely charged and of what thing.

11. Also if any appeales were falsely inrolles or imbeaseled out of ye rolles after that they were entered.

12. Also if be refuse to take any playnt of appeales for pouerty, hate or other lyke cause, & what hee tooke for that occasion & of whom and how much.

13. Also if hee or his Clerk haue taken ought of the goods of the party that is dead vpon whose body he tooke view what thinge it was and howe ofter hee so did.

14. Also if hee haue entered all the attachments [Page] belonginge to hys offyce in due maner, or if he haue made any attachment for to grieue any person or to haue of hys owne, and enter it into his rolle.

15. Also if hee haue not done his offyce at all tymes at hys owne costes, wythout takynge oughte therefore.

16. Also if hee haue concealed ought in any Coūty or procured to be murdred to the grieuaunce of any person and if he so did than to inquire how often and for what rewarde, and for whom, and in what case he so old.

17. Also all the attachments, hanging, and lawfully receiuing be pursued by him as he ought to doe for the kynge or for the party, or cause to be pursued.

18. Also if the goods of such as haue fled the townes where they dwell for suspection of felony, were attached by hym, and praysed by inquest, and inrolled accordinge therevnto and deliuered vnto the townes where those goods were found to keepe safely vntill the comming of the Iusticers in Eire.

19. Also if he suffer appeals or other plaints to hym made to be cōueyed away imbeaseled, or caried out of the roiles, and if he take ought for such falshed, of whom, how much, and how many tymes.

[Page] 20. And if there were any treasure found in the tyme of the sayd Coroner in what, and what maner of treasure, and howe much, and in whose handes it resteth, & by whose deliueraunce.

This is the whole charge that Iustices in Eire must geue for inquiry of Coroners, & of their defaults. Furthermore Iusticers in Eire may impanell other Inquestes of 24. persons of the body of the county to inquire of the cōcealement of y• first inquests, whych dyd inquire of the defaultes of the Coroners.

When Coroners haue any knowledge from the Kings Bayliffes, or other honest men of the countrey for to go vnto such as be slayne, or sodenly deade, or wounded, or breakers of houses, or to any [...] place where treasure is sayd to be founde they must goe forthwith, & commaund foure, fiue, or sixe, of the next Towneships, that they be afore them at such a day & place, and when they shall come, thē the Coroner must make inquiry thereof in forme following.

First if the person were slayne in house, or in the field, in bed or at the Tauerne. &c. and who be guilty thereof, eyther of y• déede or cōsent [...] &c. And if any be in y• court which [Page] were there, so y• they can speake or haue any discretion, and they that be found guilty by inquest shall be taken and delyuered to y• Shyriffe. And such as were present, and be not guilty shall be attached vntill the comming of the Iusticers & their names shall be written in the Coroners Rolle.

If any be sodaynely flayne in fields or in Woodes, it is first to bee seene whether he were slayne there or not, and if he were not slayne there, then as neere as they can they shall followe the steps of hym that brought the body thither with horse or carte, if it be possible in case the murderer be knowen: & if he be a straūger; then shall they inquyre where he was lodged the night before: and touching such as shalbe founde [...] guilty the Coroner shal go immediately to their houses and inquire what goods & Landes they haue and how much they bee worthe by the yere. But by the statute of King Rychard the third it is ordayned that the lands and goods of such persons shall not bee seased vntill they bee attaynted or otherwyse conuict by course of the law. And these things thus being inquired: the bodyes shall bee buryed incontinent.

Moreouer they must inquire of such as [Page] bee drowned or deade sodaynely, and whether they were drowned, strāgled, or slaine, and they must enquire who were the fynders, and they may bee attached, also they must view the length, breadth, and deepnes of all woundes, & must inquyre wyth what weapons and in what place of the body: and if the wound be mortall: the offendour shal bee kept vntill it bee knowen whether the party may be whole. And if the wound be great then hee shalbe let goe vnder foure, or sixe pleadges, & if it be but little then. 2. pleadges shall suffyce. Also they must inquire of horses, Cartes, and other thynges whereby any was slayne, that they may be praysed, and deliuered. [...] .s.

Also they shall inquire of wrecks of the Sea, and if any lay hand vpon it, he shal be attached by good pleadges, and the wreck shall bee prysed and delyuered to the nexte towneships. Further more Hue, and Cry shall bee leuyed vppon all Manslaughters, Burglaries, as when any is slaine or in perill of death if it may be. And all shall followe such hue and cry if they bee able, and they that doe not, shall bee attached to appeare before the Iusticers. &c.

Also if any person flee vnto the Church [Page] or other halowed place, for Murder, Felony or such lyke offence, the Coroner vppon knowledge thereof shall come thyther and take hys confession; and if hee will abiure the Realme, the Coroner shall receiue hys abiuration, which he shall say in this forme.

The fourme of abiuration.

HEare you this Syr Coroner, that I A. B. am a Theefe of one horse or other like thing, or a mans [...]ear of one man or mo, and a felon of our Soueraigne Lord kynge Henry the viij. And for asmuch as I haue committed many eu'll deedes, and felonyes in thys Realme, I heere abiure hys Lande for euer, and shall make as much hast as I cā to yt Ha [...]en of. O. which you haue assygned mee and I shall not depart out of the high way, & if I do: I will y• I be taken as theefe and felon of the king. Aud further I shall diligētly seeke my passage at the place aboue lymitted, & I shall not abyde there any longer then one Eb, & one Floud if I may haue passage. And if I can haue no Passage in so much space, I shall goe euery day into the Sea, vp to my [...], and assay if I can get ouer. And if I cannot so do wythin xl. dayes continuing [Page] I shall yeeld my [...]elfe againe to the Church as the kinges theefe and felon. So helpe me God and holydome.

Neuertheles it seemeth that when any person shal abiure him, it behoneth to shew the place the day and yere, and in what coū ty he did the felony or murder; which confession shalbe as an inditement in effect; notwithstandyng if hee do it not, but onely as before is expressed, it is good inough, because he is attayned before by hys abiuration. How beit, this maner of abiuration is put out of the statute of Henry the eight made the xii yere of his raygne, whereby it is ordayned that such as will abiure, shall make their abiuration from all their liberty vnto some sanctuary within this realme, there to remayne ouryng their lyues, and shalbe burned in the ryght hand with thys letter A. And if such person afterward bee taken out of Sanctuary, hee shalbe ordered in lyke maner as one that had bene abiured the Realme before the said statute. And the same person y• so taketh ye church shal make hys abiuration, and shall take hys passage from thence at such a day and tyme as the Coroner shall appoynt, and shalbe marked vppon the braune of his thumb on the right [Page] hand with a burning Iron, and shalbe [...] ueyed to the Sainctuary, wherunto he is abiured by the Maiors, Bayliffes and Constables, in such fashion as they haue bene which heretofore had abiured the realme.

And if any felō refuse to abiure before the Coroner he shalbe taken out of the sanctuary and shall loose the priuiledge thereof, & that is by the Statute. 22. H. 8. cap 2.

Also it is ordayned that none shall be chosen Coroner if he haue not lande sufficient within the same county for to answere all persons. An 4. Ed. 3. cap. 2.

And it is further ordayned that all Coroners shall bee chosen in the full County, by the commons of the said county of the most conuenient and able persons. Anno. 28. Ed. 3. cap 6.

The Coroner shall inquire vppon the view of the body if he were slayne by day, if the murderer bee taken. And if the murderer escape the township to bee amerced. And the Coroner shall inquire of that escape, when hee inquireth of the death vpon view of the body. And Coroner shall haue for his see 13 s.4.d. of the goods of the murderer

And if hee haue no goodes then to haue hys fee of such amerciamente as shall bee [Page] set vppon the township for the escape. And after the murderer found: the Coroner shal certify his inquisition afore the Iusticers of the next generall Iayle deliuerye in tha [...] same county. And if the Coroner be remisse to make his inquisition vppon the viewe of the body, and certify not according as is afore sayd: thē the Coroner for euery default to forfayt one hundred. s. An. 3. H. 7. cap. 1.

It is ordayned that vppon request of the Coroner, to come and inquire of anye persō drowned or slayne by misaduenture: the Coroner shall diligently do his office without taking any thing therefore vppon payne of euery Coroner y• wil not indeuour him to do his office, or that taketh anye thinge for doing hys office vpon anye person dead by misaduenture forty shillings. An. 1. Hen. 8. cap. 7.

In case of mans death within the vierge it shalbe commaunded to the Coroner of yt countrey that hee together with the Coroner of the kinges house, do make the inquiry and inroll it. And that which cannot bee determined before the steward because the felons bee not attached or for other like cause: shall remayne at the common lawe [Page] so that the exigentes, vtlagaryes, and presentmentes therof to be made in Eire by y• Coroner of the coūtrey, as of other felonies done out of the vierge. Articles vppon the Charters cap. 2.

No Coroner, Shiriffe, nor other officer, shall take ought for his office, & if be do, he shall restore twyse so much. West. 1. cap 20 But the statute of H. 7. giueth to the Coroner a marke for euery murder.

Also it was sayd by the Iusticers. M 6. R. 2. that the Coroner hath no power to inquire of a mans death, but onely vpon view of the body, and if he do, it is frustrate, and boyde. And if one Coroner inquire vppon the view of the body, aud after another Coroner will come and inquire therof agayne the second inquiry is boyde, for the first inquiry is onely of recorde.

If one become a proouer before the Coroner he shal not afterward be admitted to say that he did committe the acte by duresse of imprisonment: for the record of the Coroner shall esto [...] him to pleade that.

If any will sue appeale of robbery of [...]arcency, he must come into the full Countye within the yere and the day after the felony done, and must finde two pledges for to [Page] follow hys suite, and the Coroner shal entre hys impa [...]ell immediately in his roll, & the names of the pleadges. And then shall it be commaunded to the Bayliffes of the place, where &c. that he haue the body at the next county. And if hee returne at the secōd coū ty non est inuentus, then shall the appeale be called from county to county, vntill he be outlawed; and if the playntife make default at any coūty, then shal the exigent cease vntill the Eire of the Iusticers in the same county, and the playntife shall loose his action after appearaunce for euer; whereby it appeareth that after the yere and day a man shall not haue appeale of felony. And to this poynt agreeth Breton in his first booke.

The Coroner must recorde hys view, abiuration, appeals, and accusatiōs of theeues made before hym, and so must hee do of all things that belōg vnto his office to be done, and the nonsuites of plaintifes in appea [...]es hee must recorde, with al things done in the County which belong vnto his office.

Also yee shall note that appeales shall be made in the court of any Lord y• hath fraunchise of infangtheefe, in presence of the Coroner. &c.

A presentment was sent into the Kinges [Page] bench by a Coroner comprysing how a c [...] tayne person taken for felony was conueied vnto the Church by certaine Fryers. &c. And because the Coroner had no power to take such an inditement a writ was directed to the same Coroner to certify whether hee had any other presentment or not. An. 27. E. 3. libro assisarum.

An aduenture of the death of a man was presented before the Iustices in Eire and because the same was not found, in the Coroners: rolle: the Coroner was awarded to prison. The Coroners fee in Eire is to haue i.d. of euery venue when they shall come.

Note that a presentmēt made before Iusticers in Eire of a thing which is contrary to that that is entred in the Coroners rolle shalbe taken vayd, & the Coroners roll shall be taken for the record.

The Coroner shall inquire of the death of men slayne or drowned in the armes or creekes of the Sea, where they land maye bee seene of eyther syde.

But now by the Statute made. An. 13. R. 2. cap. 5. and confyrmed. An, 2. He. 4 cap 11. the Admiral hath no iurisdictiō but onely vppon the high sea. Whereby it appeareth that the Coroner hath iurisdiction [Page] there to inquyre of mens death.

A Coroner may take an appeale of felony made by an approuer in any Countye of England and so may he do of an abiuration in case that he confesse the felony to bee done in any other county. And the Coroner may abiure him as well vppon that as if the felony had bene done within the same County. But he cannot take any appeale of robbery or felony, vnlesse it bee within the same county where the robbery or felonye was committed, and where he is Coroner; for by the confession or appeachment he is attainted, and so he is not in the other case.

One that becommeth a prouer, before Iusticers, shall not haue a Coroner, excepte he will confesse the felony before them, and pray a Coroner. An. xxvi. Ed. iii.

And if one become a proouer, and appeale other of diuers felonies done in other counties, in this case the Coroner shall not make processe thereuppon into any forrayne County, but hee shal enter it in hys rolle, and shall send the same presentment before the Iusticers of Iayle deliuery and the Iusticers of Iaile deliuery shall award proces to the Shiriffe of the forraine county for, to take him that is so appealed.

[Page] Thus [...]e must vnderstand, that if any Shiriffes, Bayliffes, Escheators, Constables, or Coroners take ought for doing their offices otherwyse then to them is limitted by the statutes before declared: that then such taking is extortion; which is punishable at the kings pleasure, as appeareth before, &c. in the statute made 1. H. 4. cap. 11. Wherby it appeareth, that Shiriffes, and other ministers; Bailifs & their ministers; Esche a [...]ors and their ministers; Coroners and their ministers, are bound to serue all preceptes to them directed from the Iustices of peace, without taking ought of [...] any party And if a precept bee directed to the Shiriffe or any other the kinges officer, to compel any to appeare before the Iustices, to fynde surety of peace, if the party agaynst whom any such precepte is dyrected bee ready to come before the said Iusticers to find surety of peace they shall take nothing of him.

And in like maner must they serue all processes that come to them, directed out of the Kinges bench, the cōmon place, the Escheker, or the Chaūcery, without taking ought therfore, but onely the fees expressed in the statutes before written. And if they take any other fees it is playne extortion.

A briefe declaration concerning the extortions of Ordinaries; Parsons, Vicars and Curats.

[Page]

AS concerning Ordinaries, yee shall vnderstand that it is ordayned by a statute made in the xxi. yere of king Henry y• eyght, that no Ordinary shal take any thinge for the probate of the testament of such a person, whose goods amounte not aboue the sūme of a hundreth shi [...]lings, except to the scribe .vj.d. onely. And of goods aboue the value of a C.s. vnto .xi. pounde, iij.s.vj.d: And the Scribe to haue .xij.d. of the summe. And for the probate of a Testament of goods aboue the value of .xl.l'.v.s: whereof the Scribe to haue .ij.s.vj.d. or for euery lyne beinge. 10. Inches in length one peny. And such summes for Letters of administration, where such persons die intestate, & the Testament to bee registered, & delyuered to the party wythout delay; and letters of administration to bee graunted to the wyfe or next of the bloude of the party deceassed or to bothe: And for the probate of a Testament, or letter of administration of goods, vnder the summe of a hundreth .s. the Ordinary shall take nothing. Moreouer [Page] it is the office of the Ordinary to deface the seale of the testatour wherewyth the testament was sealed and to deliuer it agayne to the party. And if the Ordinary take any more then afore is limitted, hee shall forfayte so much as hee taketh, and ten pound more besides that, whereof the moyty shall bee to the party greeued.

If the Ordinary cite any person to appeare in the Spirituall courte to depose in any matter there, as a witnesse: that is extortion aud wronge to the party.

If any Ordinary; Person, or Uicar take any mortuary after the death of any person whych had not goods to the value of .x. Markes, that is extortion. And lykewise it is, where they take a mortuary in such places where it hath not bene accustomed to pay mortuaries. And euen so it is where a Person, or Uicar taketh more then .iij.s. iiij.d. in the name of a mortuary. If y• goods amoūt aboue .x. markes, and vnder the value of .xxx.li. for that is extortion.

Also if hee take more then .vj.s.viij.d. for a mortuary where the goods bee aboue the value of .xxx.li. and vnder the summe of .xl. pound the debts payd, that is extortion.

And if they take of them whose goods amount [Page] to .xl.li. aboue the debts, payd more then .x.s. for a mortuary: that is extortion.

And if they take any mortuary for a woman maryed, or one that is wythin age, or for a man that keepeth no house, it is extortion. And if any mortuary bee taken in Wales it is extortion, except Bishops that shall take mortuaries thereof priestes and Curates, and the Archdeacon of Chester shall take mortuaryes of Priestes within the county of Chester.

And whosoeuer taketh for a Mortuarye more then hee ought, shall forfayte asmuch in value as hee taketh, and .rl.s. besides that [...] the party grieued. Anno. xxi. Henri [...]. octaui. capitulo sexto. And thus haue I thought sufficient to declare vnto you concerning extortions in Ordynaries; Parsons, Uicars, and Curates.

FINIS.

§

§

¶Imprynted at London, by Thomas Marshe.

Information about this book

Title statement

In this booke is contayned the offices of shyriffes, bayliffes of lybertyes, escheatours, constables, and coroners and shewed what euerye one of them may doe by vertue of their offices, drawen out of bookes of the common lawe and of the statutes.Office et auctoryte des iustyces de peas. English. Selections

Fitzherbert, Anthony, Sir, 1470-1538.

Edition statement

1579

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2003-01 (EEBO-TCP Phase 1).

ID [DLPS]

A00880

ID [STC]

STC 10993.9

ID [STC]

ESTC S4009

ID [EEBO-CITATION]

34382733

ID [OCLC]

ocm 34382733

ID [VID]

29068

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(EEBO-TCP ; phase 1, no. A00880)

Transcribed from: (Early English Books Online ; image set 29068)

Images scanned from microfilm: (Early English books, 1475-1640 ; 1896:2)

Source

— In this booke is contayned the offices of shyriffes, bayliffes of lybertyes, escheatours, constables, and coroners and shewed what euerye one of them may doe by vertue of their offices, drawen out of bookes of the common lawe and of the statutes., Office et auctoryte des iustyces de peas. English. Selections, Fitzherbert, Anthony, Sir, 1470-1538., Harvey, Gabriel, 1550?-1631..

Extent

[111] p.

By Thomas Marshe,. Imprynted at London :: [not after 1579]. (Extracted from the author's The newe boke of iustices of the peas.) (Title page contains Gabriel Harvey's autograph and date, 1579.) (Place and publisher from colophon.) (Contains ms. notes 1 p. preceding and 1 p. following printed text.) (Imperfect: cropped.) (Signatures: A-G⁸.) (Reproduction of original in: Library of Congress.)

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