In This book is contained the offices of Sheryffes, Bailliffes of liberties, Escheatours Constables and Coroners/& sheweth what every one of thē may do by virtue of their offices, drawn out of books of the common lawe& of the Statutes. Cum privilegio. The offy●●. WHat the office of a sheriff is, hereafter shal more plainly appear but in a generaltye his office is rightuously& duly to return all writs and precepts to to him directed, and truly to execute the same according as he shalbe commanded in the same writs& precepts. And that he take nothing of any person for doing his office, but the due and accustomend fees to him belonging. And that he duly hold and keep his counties, courts& turns according to the due course of the lawe. Vpon these three poyntes dependeth the hole charge and effect of his office. ¶ The office of the sheriff is to return, good sufficient, and reasonable issues& vpon such persons as haue sufficient goods or lands according to the statute of Westminster. 2. Capitulo .xxix.&, i. Edwardi .3. Capitulo quinto. ¶ The Shiresfes ought to take the endytementes found before him in his turn by Indenture,& so shall Baylliffes of franchises, one parte whereof shall remain with the indytours, secundo Edwardi tercii Capitulo .xvij. ¶ The sheriff may arrest men riding or going armyd, and commyte them to prison, there to remain at the kings pleasure. 2. E. 3. Capitulo .5. at Northampton. ¶ sheriffs& vndershireffes shall receive writtes in every place within the county without taking ought, and shall make a bill which if they refu●e other that be present shal put to their seals. And if they return not the same writtes, they shalbe punished/ and shal render damages to the party, 2. E. 3. Cap. 5. at Northamp. ¶ sheriffs and Gailours shal receive thieves indicted or taken with the maner without taking any thing for the receit. 4. Edwardi .3. Ca. 10. ¶ Shyreff{is} shal leasse their handmaides and Wapentakes after the old ferme,& not above. An. 4. Edwar. 3. Capi. 25.&. An. 14. Ed. 3. Capi. 8. ¶ sheriffs ought to arrest persons suspect of felony going, by night or by day which be of evil famed .xi. Edwardi 3. Capi. xiiii. ¶ The sheriff in one county shall haue no mo Baylliffes errand but one 14. Edwardi tercij Capi. 8. ¶ Shireff{is} ought to keep their turns every year within a month after Easter, and within a month after Mighelmas .31. Edwardi tercij Capitulo .14. ¶ sheriffs that levy issues fines and amerciaments in the county/ ought to haue thextreates ensealed with the seal of the exchequer/ so that as much as is payed may be totted. And if any sheriff or minister do the contrary, he shall render to the party triple damages, and shall make fine to the king/ and the suit hereof may be aswell afore justicers of the peace as before other justicers .42. Edwardi tercij. Capitulo .9. ¶ The sheriffs shall array the panelles of assizes four dayes before the sessions at the lest vpon pain of .xx. l. And bailiffs of liberties shal make return to the sheriffs six dayes before the Sessions, vpon the same pain .xlii. Edwardi tercij. Capitulo .xi. ¶ The sheriff ought to examine loyterars and vagarantes/ and compel them to finde surety of their good behauyour by sufficient mainpris of such as be distreinable, if any default be found in such vagarantes. And if they can not find such surety, thē to command them to the next gayle there to remain until the coming of the justicers of Gayle delyuerie/ they to do with such vagarantes as they shall think best .vij. Richardi ii. Capitulo .vij. ¶ The sheriff shalbe bound four times in the year to make proclamation of the statute of Winchestre in every hundred of his Baylewyke. ¶ The sheriff ought to take swords/ daggars and hangares from servants labourers, and servants of crafts men, and vittayllers that wear thē, unless it be in time of war or when they labour in the country, with their maisters or vpon their business. And the sheriff shall keep the same weapons, which they shall present unto the justicers of the peace at their sessions with the names of thē the bare thē .xii. R. ii. Ca. vi. ¶ sheriffs ought to receive labourers, servants, beggars, and vagaboundes, and them detain in prison without baylle or mainpris, and without fee or taking any thing at their entre or going out of prison/ vpon pain to forfeit. C. li. to the king xii. Ricardi .ii. Capi. ix ¶ sheriffs and other ministers of the king so sone as they shall haue knowledge of assemblies and ryottes with outrageous nombre of people/ ought with the power of the shire to go and make resistance against such malice with al their strength& shall attach such misdoers and keep thē in prison until the due punishment of the lawe be executed vpon them. And all maner of lords/ and other the kings true liege men ought to be assistant with all their power and strength to aid the sheriff and other ministers therein .xvii. Ricardi secundi Capitulo octavo ¶ sheriffs ought to be personally dwelling in their Baylewykes for the time/ and they shall not let them to farm .4. Henrici .4. Ca. 5. ¶ sheriffs ought to se and provide that neither their vndershyreffes/ Baylliffes, Clerkes, nor Receiuours shal be Attourneis in the kings court for the time of their office primo Henrici quinti. Capitulo quarto. ¶ sheriffs ought to let to maynpris {per}sons indicted of heresy, and lollard{is} which ar in their keeping within x. dayes under good surety/ so that they appear before the end of the said x. dayes 2. H v. Capitulo .7. ¶ sheriffs shall cause thestatute of purveyors to be proclaimed four times in the year, vpon pain. C. li. for every time that he faileth so to do And vpon like pain shall deliver the same to his successoure to be proclaimed primo Henrici sexti. Capitulo secundo. ¶ sheriffs must make due election of knights of the parliament .6. H. 6. Capitulo .4. ¶ sheriffs must return such {per}sons knight{is} of the parliament which be chosen by the greater number of the freholders dwelling in the county which may expend .xl. s. yearly above al charges. And that those knights be dwelling within the same county And that he examine every freholder at such eleccions vpon a book, how much he may expend. And if any sheriff return other knights he shal forfeit. C. l. to the king, and shall haue one yeres imprisonment without baylle or maynpris. ¶ Shireff{is} vpon a {pre}cept made unto thē by justicers of the peace to enquire of forcible entre, shal return vpon every of the iurrours xx. s. in fines at the first day. And justicers of the peace shall here& determine such defaults of sheriffs by bill at the suit of the {per}tie or by inditement. And they shal lese .xx l. for every default. And he that will sue shal haue the one half .8. H. 6. Cap. 9. ¶ To avoyde Robbories& spoils vpon the river of Seuerne,& by the costs of forests of Dean,& the handmaides of Blodeslom, and Westbury in the county of Glocestre, the sheriffs of Glocestre, or the Baylliffes of the town of Glocestre after notyficacion made to any of them of such iniuries, and damages, by the parties greuid/ within four dayes after such notyfycacyon made shall make proclamation at the town of Glocestre/ that such offenders within .xv. dayes after such proclamation, shall restore unto the parties endamaged their goods so taken/ or the value, with a reasonable amendes. The said sheriffs Baylliffes to forfeit .xx. li. if they fail so to do .ix. H. vi. Capitulo .xxvij. ¶ The sheriff of Herforde neither in his turn nor in any other place after the turn endyd shal take any ēquiri or inquest of office, which ought not to be taken there. neither shall he take any fine or amerciament for things not appertaining to his office or turn/ vpon pain to forfeit .x. l. ix. Henrici .vi. Capi. vii. ¶ sheriffs ought to return in attaintes imple of land, men of the yearly value of .xl. s. or in an action for deeds concerning lands of such value/ and in actions of the sum of xl. l. and more, those persons dwelling within their baillewike which may expend .xx. l, yearly above all charg{is} for term of life at the least, out of ancient demesne Gauelkinde,& the .v. ports. And at the first distress .xl. s.& at the second .c. s.& the double value of every other distress against the Iurrours, vpon pain of .x. l. to the king and as much to the party. And if ther be not sufficient persons dwelling within the county which may expend .xx. l. yearly: thē shal they impanel other persons of the most sufficient possession of yearly value of lands/ and tenements within the value of xx. l. vpon pain to forfeit .x. l. to the king, and to the parte asmuch in the form aforesaid .xv. H. vi. Ca. v. ¶ The sheriff or vndershireffe of Herforde must arrest such persons of Wales or the marches therof, which be outlawed of treason/ or felony/ whom the said sheriff knoweth or seithe to be in any place within the said county, and to bring them to the Gayle. And if any such person being indyted do disobey or fly away/ the said sheriff shall levy hue and cry& pursue him vpon pain to make fine and ransom to the king .23. Henrici .6. Capi. 5. ¶ The sheriff shall not occupy his office above one year, and if he so do, then to forfeit .xx. li. and every {per}don for such offences shalbe void/ any word{is} put in such letters, patents t. Also he that presumyth to occupy that same office above one year by force of such letters patents, shal be disable to be sheriff in any other shire afterward .23. H. 6. Capi. 8. ¶ No sheriff shal let to ferme h{is} county, nor any of his bayliwikes handmaides, or Wapentakes. No sheriff/ baillif of franchise, ne other office shall return in any panel/ any of his Bailliffes, officers, or their servants. ¶ No sheriff nor any other to his use shall take ought of any person to be arrested/ or attached/ nor to surcease of any arrest or attachment to be made by the body. Nor shall take ought of any person arrested/ or attached for fine, fee, suit of prison, main price, lettinge to bail, or for showing any favour or ease to any person being so arrested, except it be as here followeth, that is to wete to the sheriff xx. d. to the baylliffe that made the arreste .iiij. d. and to the gayloure if the prisoner be committed to ward .iiij. d ¶ The sheriff himself nor any to his use shall not take any thing for the making of any return or panel/ but for the copy of the panel .iiij. d. Howbeit they use to take .ii. s. for the return of a panel: but that seemeth to be extortion. ¶ sheriffs ought to let out of prison all persons being in their ward, by force of any writ bill or warrant in any action personal/ or indytemente of trespass upon a reasonable surety being sufficient in the county to keep their dayes in the places as the said bills writs or warrants require/ except such as be condemned, outlawed or excommunicate/ or for surety of the peace or by the commandment of any justicer, and vagaboundes which refuse to serve. ¶ Also sheriffs ought not to take any obligations for any thing above mentioned, or by colour of their office but onely to themselves/ nor of any person being in their ward/ but by the name of their office, as by the name of sheriff in the oblygacyon, vpon condition that the parties shall appear at the dayes contained in the writs/ in such places as the bills, writtes, or warrants require And if any obligation be taken of any person by colour of their office in any other form, it shalbe void. ¶ sheriffs shall not take for any obligacyon warrant or precept by thē to be made, any more then .iiij. d. ¶ sheriffs must make their deputies yearly in the kings court{is}, that is to wete in the chancery, the bench& the exchequer of record before they return any writ. ¶ Shyreff{is} that do contrary to this ordinance in any point shal lese to the parti grieved triple damag{is}, and shall forfeit .xl. li. for every time that they shall so offend, the one half to the king the other to him that will sue 25. Henrici .6. Capitulo .10. ¶ sheriffs when writs directed unto them to levy the expenses of knights of the parlyamente/ must make proclamation at the next county after the deliverance of the same writs/ that the Coroners/ Constables/ and bailiffs of handmaides shall be there to assess their wages/ vpon pain of .xl. s. what time they shall assess every hundred at a certain sum by itself, and after they shall assess every village within the same hundred at a certain sum by itself, And if they be other wise assessed/ for every default they shal forfeit .xx. l. The one half where of shalbe to the party that will sue. And the sheriff shall levy the same duly/ and shall pay it to the knight{is} of the parliament vpon pain of .xx. li. And the party that will sue shall haue his action by Scire facias/& shall haue .x. li. above the .xx. l. with triple damages .23. Henrici sexti. Capitulo vicesimo secundo. ¶ The sheriff after the delivery of any writ to make election for the knights of the parliament/ must make a sufficient precept under his seal to every mayor and Bayllyffe of cities/ and Borughes, within the county, them commanding to elect Cytezins,& Burgesses to come unto the parliament. And the said mayor and Bayllyffe shall truly return the same precept to the sheriff by indenture between them for the election and names of them that are so chosen. And the sheriff is bound to make a good and true return of every such writ,& of every return made to him by the mayor and Bail lyffes. And for every time that the sheriff shall do contrary to this or any other statute made for the eleccion of shyreff{is} to cum unto the {per}liament he shal incur the pain of one C. li. to the king, and a yeres imprisonment without bail. And moreover shall pay unto the person so being chosen knight/ Citezins/ or burgess and not duly return: or to any other person which in default of such knight/ burgess/ or Citezin will sue therfore, one hundred pound to be recovered by action of debt. ¶ And the sheriff ought to make such eleccions in the full county between the houres of viij. and .ix. before none/ and to make a good and true return of such eleccions vpon pain to forfeit. C. li. to the king, and asmuch to the party that will sue therfore against the sheriffs/ their executours, or administres .23. Henrici. 6. Capitulo .15. ¶ Shyreff{is} in their turns ought to inquire, here and determine, if any minister, of the warden of the court in the marches of Scotlande: or yf any other arrest anny person by his body, or attach him by his goods out of the counties of northumberland&, Cumberlande,& Westmerland& the town of newcastle to answer in any of the said courts: or else by colour or cause of any process in the said courts: for in such arrests it shal be lawful for every man to make resistance. And the party grieved shal haue an action of false imprisonment or trespass and shal recover triple damages therfore, and the defendant shall haue two yeres imprisonment. And the sheriff shal haue power to {pro}cede thereupon, as well as vpon a presetment made in his turn .31. Henrici sexti. Capitulo secundo. ¶ Where as some men by dissimulacyon and other means fain themselves to be louers to women vnmaryed as maidens, or widows having great possession and substance of goods/& get such women in to their possession,& convey thē into such places, from whence they will not suffer them to go at their liberty, except they will make to them obligations of great sums to be payed unto them or cause them to be bound in statute merchant/ or sometime will compel them to be married at their pleasure, which if they refuse to levy vpon them the sums contained in the same obligacyons and statut{is}: it is ordained that the party grieved shall haue a writ out of the chancery comprising the hole matter of their unreasonable entreating directed to the sheriff commanding him to make proclamation at the next county after the receit of the writ that the offendoure shall appear at a certain day and place prefixed in the writ before the chancellor or the justicers of Assyse of the shire where such offences shall hap to be done or before some other person assigned by the chancellor. And the sheriff to whom such a writ shalbe directed/ and shall execute the same according to the tenor therof upon pain of. CCC. li. the one half to the king/ the oath to him that will sue therfore by writ of debt/ wherein no wager of lawe, protection/ nor foreign ple( to cause the matter to be tried in another county then where the writ is brought) shal be allowed, 31. Henrici. 6. Capi. 9 ¶ Vpon every inditement or presentment taken before sheriffs or their ministres in their turns, or lawe-dayes, they shall deliver the same inditementes and presentments to the justicers of the peace at their next Sessions vpon pain of .xl. li. And the justicers of the peace shall award process upon the same as well as if they had ben taken before themselves and shall arrayne those that be so indyted of felony/ and shall set fines upon such as be indyted of trespass, the extreates of which fines shalbe enrolled by indenture& delivered unto the same sheriffs or ministers. ¶ And if any sheriffs or their ministers arrest or attach any person by colour of any such indytemente or presentment in their turns or lawe-dayes/ or else take any fine or amerciament therfore they haue process from the justicers of the peace, or afore the extreates out of the Indytementes shalbe delivered/ they shall forfeit C. li. the moiety whereof shalbe to the party suing therfore by writ of debt in which no wager of lawe nor halcyon shalbe allowed .1. Edwar- 4. Capitulo. ultimo. ¶ upon an information made to justicers of peace/ or to other justicers against any person for retaining or giving of lyuereys/ or against any that is retained or taketh livery the Iustycers shall make process thereupon/ as upon a recovery of debt or trespass. And if the sheriff in any suit grounded thereupon against any person being sufficient, return any less issues, then .xx. s. at the first day of the distress, and at the second day .xxx. s. and at the thyrde day .xl. s. and so at every day after, more by x. s. in issues! for every such return he shall forfeit .xx. s. viij. Edwardi iiij. Capitulo .ij ¶ The old sheriff shall haue power to return writs, and to execute his office during the term of saint Mighell, and hilary, after the year of his said office expired/ unless he be lawfully discharged therof before 17. Edwardi. 4. Capi. 6. ¶ No sheriff/ nor other office shall seize or take the goods of any person being arrested or imprisoned for felony until the same person be duly conuicte or attainted of the same felony by course of the common lawe, or except the same goods be otherwise lawfully forfeit, vpon pain to forfeit the double value of the goods so taken to the party grieved suing therfore by action of debt/ wherein no wager of lawe, essoin nor protection shalbe allowed. 1. R. 3. Ca. 3. ¶ No Baylliffe nor other office in any panel within any county of this realm shall return any person to be put in or vpon any inquiry in the turns of sheriffs, but such as be of good name and famed having freehold to the yearly value of .xx. s. or copiholde to the yearly value of .xxvi s. viij. d at the least above all charg{is} vpon pain to lese for every person not being sufficient, at every time that they shall so offend .xl. s. and the sheriff other .xl. s. whereof one moiety shall be to the party suing therefore by action of debt/ in which suit no protection/ nor essoing shalbe allowed. But wager of lawe is not expressed. And for that cause it behoveth to make informacton therof in the exchequer .1. Richardi .iij. Capitulo .iiij. ¶ sheriffs or other having the custody of Gayles shall certify the names of every prisoner being in their custody, and to them committed for felony, unto the justicers at the next general Gayle delyuerie to be kalendred/ upon pain to forfeit for every time that they shall make default in so doing. C. s. iii. Henrici vij. Capitulo .3. ¶ Also the sheriff nor no other {per}sō in his name or by his commandment shal entre no plaints into their books in no mannes name on less the plaintiff be there in his proper person or else by sufficient attorney or deputy that is known of good name and the plaintiff shall finde pledges persons that be known in that county to pursue his plaint/ and the playntife shal haue but one plaint for one trespass or one contract. And if the sheriff or any other his officers cause to be entred any mo plaints then the plaintiff supposeth that he hath cause of action against the defendant, then the sheriff or his clerk that doth cause to be entred any such plaints contrary to this act shal forfeit for every default .xl. s. the one half to him that will sue and prove the same matter by action of debt or information. ¶ Also the sheriff shall make sufficient precepts after such playnt{is} entred against the defendant directed to the bailliffe of the hundreth to attach or warn the defendaunte to appear and answer to the said plaints/ and if there be any default in the said bayllyffe of the hundrethe in warning or executing of their offices then to forfeit, xl. s. and to be couicte therof by eraminacion of the justicers of the peace or any of them. ¶ The same sheriffs nor their deputies shall make none estreats to levy the shire amerciaments till that ii. justicers of the peace whereof one to be of the Quorum haue the sight of their books and the estreats to be endented bytwyxte the justicers of peace and the sheriff and vndershireffe sealed with their seals/ the one parte to remain with the said justicers/ and the other parte with the sheriff. ¶ And those persons that shalbe gatherers of the said amerciaments shalbe sworn by the said justicers that they take no more money thē is forfeit& contained in the estretes sealed with the seals of the justicers to the same upon the same pain of forfaytoure as is above rehearsed: the same gatherers to be conuicte by examination of the same justicers/ or one of them. And the same justicers of peace shalbe appoynted at the sessions holden at Mighelmas by him that is costos rotulorum or in his absence by the eldyst of the Quorum to haue the controlemente of the said sheriffs vndershyreffes shire Clerkes and other of the said officers and of the said sheriffs amerciaments. And the said justicers of peace vpon suggestion shal make process against the sheriff vndershyreffe shire clerkes or other officers to appear before them to answer to such suggestion or information as is used in action of trespass. Anno secundo Henrici. 6. Capitulo .15. ¶ Also every sheriff shall cause to be taken all vagaboundes idle people and suspect persons and set them in the stocks there to remain at the first taking by one day and one night and at the second time to be in the stocks by three dayes and three nights with bread and water. And if any sheriff execute not these premises of every vagabounde hermit or beggar able to labour or clerks pilgrims or shipmen as often as any such cometh in sight or that he hath therof any knowledge within the town or place where he hath authority that as oft as any such misdoer abideth there above the space of one day and one night and depart unexamined& unpunished: for every misdoer so departed the sheriff to lose .iii. s. iiij. d. and the sheriff in his turn hath authority to inquire of al the defaults of Mayres, Bailliff{is}, high Counstabes/ petye Counstables/ and all other gouernours/ and of other gouernours/ and officers of cities/ towns and villages/ within their turn and to haue .iij. s. iiij. d. for every default found in his turn. Anno. 19. Henrici. vij. Capitulo duodecimo. ¶ Also every sheriff vpon a precept directed unto him by the justicers of peace to return a panel to inquire of any riot or unlawful assemble committed shall return .xxiiii. persons dwelling in the shire/ every of them having .xx. s. of freehold or .xxvi s. viii. d of copy hold or of both over all charges and to return in issues every person .xx. s. at the first day and at the second day .xl. s. and if the default be in the sheriff for returning of persons not being of that sufficience or for non retournyng of issues in form before said he to forfeit .xx. li. An. 19. H. 7. Ca. 15. ¶ Also if any riot or assemble of people be made in any parte of this realm against the lawe/ the justicers of the peace, or two of thē at the least/ and the sheriff or under sheriff may come with the power of the county( if need be) to arreste& bring them and bring them before the same justicers of the peas. And the sheriff or under sheriff haue power to record that, that they shal find in their presence done contrary to the lawe/ and the offeder shalbe convict by such record. And if they be departed before the coming of the said justicers, sheriff, or under sheriff, then shall the same Iustycers or two of thē within one month after such riot, inquire diligently where the assemble was made. And yf the truth can not be found/ then the same Iustycers, or two of them, and the sheriff or under sheriff above said, within a month next following, shall certify before the king and his counsel the hole dede withal the circumstances therof, which certificat shalbe as strong to put the parties to answer thereupon, as an indytement found by twelve men. An. 13. H. quarti Cap. ultimo. ¶ And yf the said riot or unlawful assemble be not found( by reason of any embracerye or maintenance of the said jury, then the said justicers of peace and the sheriff over and above such certifycat that they must make according to the said statute made. An. 13. Henrici quarti, shal in the same certificat certify the names of the said maynteynours& embrasyours in that behalf( yf any be) with their mysdemeanours that they know, vpon pain of every of the said justicers, and Shireff{is} or under sheriffs .xx. lj. yf they haue no reasonable excuse for non certyfyenge of the same which certifycat so made shall be an indytement in the lawe. And every person duly proved to be maintenour or embrasyour shal forfeit .xx. lj. and to be committed to ward there to remain by discretion of the justicers. An. 19. Henrici septimi Capitulo .13. ¶ Also that no sheriff vpon wrytt{is} and precepts directed to him do return before Escheatours or Commissyoners any person to inquire of any lamdes or tenememtes, except every of the same jury haue lamdes and tenements of the yearly value of .xl. s. above all charges in the same shire vpon pain of forfeiture for every person so returned a hundreth shillings. Anno tertio Henrici octavi Capitulo secundo. ¶ Also al panels put in by the sheriff before any justicer of gaoledeliuere, or before Iustycers of peas( whereof one to be of the Quo{rum}) in their open sessions to inquire for the king shalbe refourmyd by putting to, and taking out of the name so empaneled by discretion of the same Iustycers. And that the same justicers or justicer shal command every sheriff and their ministers in their absences to put other persons in the same panel by their discretion and the same panel so refourmyd by the justicers to be good. And yf any sheriff do not return the same panel so refourmid, then every sheriff so offending for every such offence shal forfeit .xx. lj. half to him that will sue by action of debt, bill, or complaint where such shal fall or be,& no wager of lawe, essoin, nor halcyon shalbe allowyd. ¶ Also vpon every exigent( where writs of proclamation are to be awardyd) the same writ of proclamation to haue the same day of return that the exigent hath, and to be deliuerid of record, and the sheriff to make proclamation three several dayes in h{is} plain county/ whereof one of the proclamations to be made at the general sessions in those parties where the party is supposed to be dwelling, that he yield himself to the sheriff of the foren shire that the sheriff may haue the body at the day of the exigent retournable to answer to the plaints, and that the sheriff of the said county that hath such writs of proclamation duly execute the same, and therof make due return at the day appoynted in the same writ, vpon pain to forfeit such amerciament as by the Iustycers shalbe assessyd. ¶ sheriffs, Bailliffes, Constables and al other hede officers, and every of them finding or knowing any person using or exercising any unlawful games contrary to the statute, haue full power to committe every such offeder to ward, there to remain without baylle or mainprize to such time, as they so offending be bound by obligation to the kings use in such sums of money as by discretion of the said sheriffs, or other officers shalbe thought reasonable, that they from hence forth shall not use any vnlaweful games. An. sexto. H. octavi Cap. secundo. ¶ If any impotent {per}son beg within any other place then within such limits as he shalbe assigned/ the sheriffs and all other the kings officers shall by their discretion punish such persons by imprisomment in the stocks by the space of .ii. daies and two nights giving thē bread and water only, and after that cause them to be sworn to return again to the place where they be licensyd to beg. Anno. 22. Henrici octavi Capitulo duodecimo. ¶ The justicer of peas vpon information or presentment made against any Towneshippe for non executing of this act, shall make process by distress against the inhabitants of the town, and thereby the sheriff shall distrain the goods of one or two of the inhabitants of the town as he may know for negligent in the town and retain the distress till he finde surety to appear at the sessions before the Iustycers. ¶ And vpon the return of the sheriff of the distress, yf the person appear not, then every such person to lose .xl. d. at the first distress, and at the second distress .vi. s. viii. d. vpon his default, and so to be doubled at every distress till appearance be had. ¶ sheriffs that haue custody of gaols shal make seals to be grauē with the name of the castle that he keepeth for to give, and seal writs to innkeepers acquitted to beg for their fees within the hundreth where he is deliueryd by .vi. weeks next after his deliuere, and then to go to the hundreth where he last dwelled by. in. year, or where he was born. The sheriff shal not suffer any such prisoner to beg for his fees, nor to depart but to do service and labour, till that he deliver him such letter, and the clerk of the peace to make the brief within one day after the sessions, vpon pain of twelve pens to the king. Anno. 22. Henrici. 8. Capitulo .12. ¶ For distroyng of crows, rooks and choughs, it is ordained that every person having any manners lamdes and tenements in their manurance, shal do as much as in him is reasonable to kill and destroy the same crows, choughs, and rooks breeding or abiding vpon his lands or tenement{is}, vpon pain of a grievous amerciament to be set. And yf the offence be within the lymitt{is} of letes, rapes, or court barons, then to be set by the Steward with two of the {pre}sentours by the steward and presentours to be name vpon the presentment found and presentyd, and to be reasonably assessid after the quantity of the offence. And the amerciament to be to the lord of the laweday, and yf any person be lord of such manors, or inhabit there( where unto any such laweday, or rape is belonging) then vpon a presentment had before the sheriff in his turn with two of the presentours to be chosen by the presentours, shall cease the said amercyament by their discretion to the use of the king and be levied by distress. Anno. 24. Henrici. 8. Capitulo .10. ¶ And the Shireff{is} in their turns shal give in charge to the tenants and inhabitants apperinge before them that they shall duly enqueare, and put in execution the effect of th{is} act. ¶ sheriffs shall hold their court{is} from month to month. And where greater time is wont to be, greater shal be. Magna Carta. Cap. 33. ¶ The king commandeth that shireff{is} and their officers which receive his debts shal acquit lawfully the debtors at the next accounts after that they haue received the debt: and then it shall be allowed at the exchequer/ so that it shal not come in the somons after. And yf the sheriff do otherwise, and be attainted therof, he shal render three times so much as he hath received, and shall make fine at the kings will. And yf another do it, for whose hand he is answerable at the Eschequyre, he shal render the triple therof to the plaintiff, and shal make fine in the same. And the sheriff shall make tails to al them that haue paid him the kings debts. westminster primer Capitulo nono. ¶ concerning sheriffs and other which haue levied the kings debt, and make tails or other acquittance to the debtor, and discharge him not It is agreed that when the sheriff is impledyd therfore in the exchequer by the debtor, if he come not at the distress, then shall another distress be awarded retournable at a certain day, wherein it shall be commanded that proclamation be made in the full county, that the defendant shal come in by a certain day to acquyte the debtor of the sum, for which he made him the acquittance or tail, at which yf he come not in,& the writ be returned and the proclamation certified, he shalbe holden convict, and the debt 〈…〉 shalbe levied of him, in like mane 〈…〉 as debt recoueryd, against him in the kings court, and damages shal be awardyd to the playntif according to the discretion of the Barons. 14. Edwardi. 2. in the statute of Attaintes the last Chapitre. ¶ The king commandeth that all sheriffs, and Bailliff{is} which haue received his debts, of the somons of thescheker, which acquit not the debtors vpon the next accompte, shalbe punished according to the estatut{is} made. Distressys of the Eschequyre Capitulo quinto. ¶ It is ordained that execution of writtes which come to the sheriff, be made by the hundreders known and sworn, and in the full county,& not by others, yf it be not for great scarsyte of hundredars. For then it shalbe done by other persons convenient and sworn. The statute of lincoln the last Chapitre. ¶ Shireff{is} shal not be charged with the leuyeng of any issues, nor shal le 〈…〉 ye any, before they come out of the exchequer by the extrates there to be 〈…〉 euyed. And yf percase any sheriff return issues vpon any recognitor pledge or manucaptor, by him assessyd and returned into our court, which to the payment of the same issues or amerciaments at the time of the return was insufficient: the same sheriff shal be charged therwith at the exchequer, and shal make tails to al persons of al maner of things by him received, and shall not return any where the names of manucaptores, Iurrours or other, except it be according to the tenor of the writs to them directyd, nor shal return the names of pledg{is} of fre men any where, oneles they haue manifestly confessed themselves pledges. Thestatute o 〈…〉 fines. Capitu. secundo. ¶ No sheriff, Coroner, or other th 〈…〉 kings ministers shall take no reward for doing his office, and if h 〈…〉 do, he shal pay the double, and shal 〈…〉 be punished at the kings will, bu 〈…〉 shalbe payed of that which they tak 〈…〉 of the king. westm. Cap. 26. ¶ sheriffs shal not suffer any bar 〈…〉rettour or maynteynour of matters within h{is} county, neither stewards of great lords or other( which b 〈…〉 not attorneys to their lords to do their suytes) nor to sit vpon the judgements of the counties, nor to pronounce them except he be thereto required of al the sutours and attorneys that shal be there at the same journey. And yf he do the contrary, the king shall take it grievously to the sheriff and the offeder. westm. 1. Capitulo .31. ¶ It shalbe leeful for every sheriff justicer of peace and Escheatour to fease to the kings use al such good{is} and cattels that such persons as come within this realm that be called Egipsians haue, and therof to make account to the king in his exchequer, and to retain and keep the moiety therof to his own use, and account for the residue, and to pay no fees for the account nor for his discharge therof. ¶ In these statutes it appeareth what thing the sheriff ought to do by reason of his office,& that he ought not to take any thing for doing h{is} office, but onely that which is appoynted to him by the same statute. And if he do or take any thing otherwise, it is extorcyon which ought to be inquired vpon by Iustycers of the peas,& the sheriff shalbe punished therfore. ¶ And if any sheriff do any extortion to the people, and be duly attainted thereof, he shalbe straightly punished therfore at the pleasure of the king. An. 1. H. 4. Capitulo .11. ¶ sheriffs may, and are bound to inquire of comen annusanc{is} done to al maner of the kings subiectes/ but not of assaults made vpon any private person for that is but a particular offence, by Martin. iiii. Hen. vi. ¶ The sheriff must keep h{is} turn within a month after Easter,& with in a month after the feast of S. Mighel. And if he keep it at any time after the month of the said feasts, it is void by the statute of. An. 31. E. 3. Cap. 19. And al indytementes, and presentments there taken after the same time be void. ¶ Blodeshed shalbe inquired of, in the sheriffs turn, because it is an article that is to be inquyred of in a let. Al Letes be derived and taken out of the sheriffs turns/ in so much that for default of inquery in Letes of things inquerable there the same things there omitted ought to be enquired of in the turns of sheriffs, P. 8 Edwardi, 4. ¶ And all the justicers said that the sheriff in his turn hath authority to inquire of all things that be trespass, or felony by the common law( except the death of a man) but of trespass or felony made by statute/ the sheriff in his turn hath no power to inquire of M. 28. Edwardi. 3. ¶ And if the sheriff in his turn inquire of nuisances, that should be enquired of in the let of another, and the same be found/ yet may he not distrain for the amerciament of such a presentment. For if he do he is trespassour. But if there were a default in the lord of the let in that he wolde not inquire, or finde the same/ when he ought to haue enquired therof: in this case it seemeth that the sheriff in his turn may inquire of it in default of the lord. M. 28. Edwardi. 3. ¶ And if one haue a fair or market by grant or precripcyon, and keep not his fair or market as he ought the sheriff ought to inquire therof in his turn. ●2. Henrici. 6. ¶ Vpon a presentment of nuisance in the sheriffs turn, the party shal be amercied there by the sheriff, which may distrain for the amerciament And if purpresture be presented there the sheriff may abate the same/ and reform it. P. 26. Edwardi. 3. ¶ Also it apperythe by the book of Breton that unto the turn of the sheriff ought to come al the freholders of the hundred/ and other land tenants( Clerkes men of religion and women onely except) whereat the sheriff shal cause .xii. of the most sage and sufficient persons of the hundred to be sworn. And then shall all the residue be sworn by dosins, and by the towns, which shal make their presentment to the first .xii. Iurrours vpon the articles wherewith they shall be charged. And it seemeth that the sheriff ought to hold his turn in every hundred within the county. ¶ What things be inquirable in the sheriffs turn. first they shal inquire if there be any misdoer in the hundred of whom any standeth in doure of life or limb,& what is his name. ¶ Also they shall inquire of al mortal enemies, to the king the queen their children, or counsellors/ of conterfeatynge the kings seal or his money, of manslears and murderers/ of burners of others corn or houses feloniously/ of Burglours/ of Robbours, of thieves, of outlaws of those that haue abjured the realm, and cumme again, of Sorceris and witches, of miscreants, and herytykes, of tratours and of prisoners/ of cutters of purses, of usurers, of Vitaylers biynge and selling wittingly stolen flesh: of them that witting make white the skins of beast{is} stolen, of redubbours that wittingly bye stolen clothes, and dress them into another fashion/ of treasure hid in the ground/ hues and cries wrongfully or rightfully levied& not pursued of waters stopped, straightened or turned/ of bounds pulled up or wrongfully changed/ of walls, houses, gates, marlepittes ditches/ or other disturbaunces made or levied vpon any common way to the annusaunce/ of petye brybours that shear sheep to haue the wool/ of such as take thefbote/ and of those that haue made a prison of their own house or household/ of pound breach/ of trespassours in parks and pundes, of takers of other mennes doves, of the assyse of bread and ale broken, of thē that bye and sell by measure against the assyse/ of chance medleys/ of conteckours/ of bloudeshed/ of watches vnkepte/ of the kings high ways not enlarged, of those that haue kept appeachours in any other prison thē the kings, or any other fellow above a day& a night/ of new liberties customs or jurisdictions usurped syns the last turn on water or on land, of weyffes/ of wrecks of the see found and kept away/ of brydges& caulceis broken/ and who ought to repair thē, and of those that claim franchises, or judgements realles/ and of all those of the age of, xij. yer{is} gon out of the hundred, which be not come into the turn( except Clerkes/ knight{is} their children& wives which be not in dosins) of vagaboundes by the country which are of no mannes retinue, of whom there is any evil suspeccyon of lewd demeanoure. ¶ And when the towns haue given their verdict to the first Iurrours, then immediately shal the first Iurrours go and give up their presentment such as they will abide by. And the presentment of felonyes they shal show preuely, and the other openly. Breton. li. j. fo. 38. ¶ now must ye inquire further if bailiffs of liberties and franchises, haue duly done their office which resteth in three poyntes, which is that they truly execute the precepts which be directed unto them according to the tenors of the same/& that they make due answer and return to the sheriff of the same precepts/ and that he take nothing for doing his office but onely the fees to him, due and appoynted by the course of the lawe. And what fees they shall take/ and what things they ought to do by reason of their office shall appear more plainly here following. ¶ The office of bailiffs of liberties. VPon a precept made by the sheriff to a Bayllyffe of a liberty vpon a writ of distress directed to the shyrefe to distrain the defendant in the same writ, or the Iurrours in any inquest/ the Bayllife must return good and sufficient issues vpon the defendant, or vpon the Iurrours if they haue sufficient goods or lamdes within his bailiweke/& if he do not the plaītifī that action shall haue an auerment that he might haue returned greater issues, if the defendant make default, or the iurrours by the Sta. 1, E. 3 Capi. 5. And justicers of the peace must inquire if the Bailliff{is} haue done their office in that point. ¶ Also they must inquire if Bailliff{is} of liberties which be kepars of any gayle enforce any of their prisoners to be appealours to the intent to haue a fine of the parties appealed for doubt of imprisonment. primo Edwardi .3. Capitulo .7. ¶ bailiffs of liberties which take inditementes in their turns/ or other where, ought to take them by indenture/ whereof the one parte shall remain with the inditours, and the other with the Bayllyffe .2. Edwardi 3. Capitulo .17. ¶ None shalbe made Baillyffe of liberty, except he haue sufficient land in the place where he is minister/ to make answer to the king and his people .4. Edwardi .3. Capitulo .9. ¶ bailiffs of liberties which be Gaylours and haue the keeping of prisons ought to receive& safely keep all thieves delivered to them by the Constables of the towns, being indicted, taken with the maner, or appealed of felony without taking ought .4. Edwardi .3. Capitulo .10. ¶ bailiffs of liberties must receive such persons as be arrested in their franchise by the Const●bles/ for suspicion of felony/ that walk in the country by night/ or be of evil name/ and shall keep them in prison until the coming of the justicers of gayle delyuere/ and in the mean time the Baylliffes must inquire of them .5. Edwardi .3. Capitulo .14. ¶ Baillyffes of liberties, Constables and other officers of towns where loyterars and vagabonds resort haue power to examine them diligently, and compel them to find surety by sufficient mainpernours being distremable of their good behaviour. And if any default be founden in the same loiterars and vagaboundes, and can not finde surety/ they shalbe sent to the next Gayle there to remain until the coming of the justicers of Gayle deleuirie/ which may do with thē as they shal think best by the course of the lawe 7. Richardi .2. Capitulo .5. ¶ No servant or labourer at the end of his term shall depart out of the hundred or Rape where he is dwelling to dwell any other where unless he bring a letter patent containing the cause of his going under the kings seal thereto assigned, And if any servant labourer be found vagrant without such letter, he shalbe taken forth with by the sheriffs, Maires Bailliff{is} or other officers:& put in stocks until he find surety of return to the town to serve from whence he came, until he haue such a letter to depart for cause reasonable .12. Richardi .2. Capitulo .3. ¶ Baillyffes of liberties haue power to arrest servants& labourers that wear daggers sweardes,& knives:& them to seize& keep until the sessions of the peace, and the weapons to present to the justicers there with the names of them that bare them, and the weapons shal be forfeit, except they be travailing in the country with ther masters, or in their lands or business .12. Richardi .2. Capitulo .6. ¶ sheriffs and Bailliffes of liberties in their liberties are bound to receive servants& labourers begging and vagarante/ and them to detain in prison without bail, without taking of any fee or other thing of them at their entre or departing by themselves or by their deputies vpon pane of. C. s to the king .12. R. 2. Ca. 9. ¶ Bayllyff{is} of liberties to whom the keeping of the assyse of bread and ale and the correction of the same belongeth, shall take no amercyament nor fine for no default touching the said assyse for which the offeder ought by the lawe to haue corporal penance, but they shal adjudge them to the same penance. And bailiffs of liberties and all other that haue the keeping and over sight of vitaylles shal put in due execution the statute made in the .xxiij. year of Edwarde the thyrde which beginneth Quia maior pars populi. &c. 13. R. 2. Capi. 8. ¶ butchers, Fyshers, Hostellars, Brewars, Bakers, Pulters, and all other sellars of vitailles are bound to sel such maner of vitailles at a reasonable price, having regard to the price whereat such vitailles are sold in other places nere/ so that they may haue a competent gain and not excessive according as by the distance of the places( from whence the vytailles are carried) they shal think reasonable to be required. And if any sell vitayll{is} in any other maner& thereof be convict, he shall pay the double of that he hath received to the party endamaged, or in his default to any other that will sue therfore. And Maires and Baillyff{is} of towns. &c. haue power to inquire of al such as offend against this ordinance in any point And in case that the same Mayres,& Bailliffes be negligent in doing execution of the premises/ and thereupon be convicted by the justicers assigned by us, they shalbe copelled by the same justicers to restore the triple value of the thing sold to the party grieved, or to any other that in his default will sue and nevertheless shal be grievously punished against us 23. Edwardi .3. Capitulo .6 ¶ No steward, Bayllyffe, nor other minister of lords of franchises which haue return of writtes shall be attorney to any person in any matter within the same franchise or bailewike where he is officer at any maner of time .4. H. 4. Capitulo .19. ¶ If any heinous riotte be made, the justicers of the peace, and the sheriff or vndershireffe ought to do their office according to the statute made 13. H. 4. And if they do not, at the suit of the party grieved a commission shall go forth to inquire therof, and of the default of the justicers and the sheriff, and the Coroner shal serve the process/ and he must return persons that haue land to the yearly value of .x. li. and shall return also xx. s. in issues at the first day, and forty shyllinges. at the second/ and at the thyrde. C. s. and so double it at every day after. And if default be in the Coroner in retournyng the issues/ or of persons of such land/ he shall lese .xl. li. And if the old sheriff be discharged, the new sheriff shall serve the process/ and not the Coroner upon pain of .xl. li. if the default be founden in him, touching the return of other persons by him empaneled which haue not lands to the yearly value of .x. li. or to return such issues as the Coroners be charged with And bailiffs of liberties are bound for to impanell sufficient persons, as above is said vpon pain to lese .xl. li. in case that such persons may be founden within his bayleweke .ij. Henrici .5. Capi. 8. ¶ bailiffs of franchises ought to make their retournes/ and answers unto the sheriff upon his precept made unto them in a special writ of assize .vi. dayes before the day of the sessions, vpon pain to forfeit, xl. l. for every time that they shall do the contrary .vi. Henrici sexti Capitulo secundo. ¶ Where a precept is made to the sheriff by justicers of the peace to return a panel to inquire of forcyble entre, and he sendeth his precept to the Baillyffe of the liberty to return the panel because the riot was done within the liberty now is the Baillyffe bound to make due return and execution of the precepts to him directed/ vpon pain of .xx. li. for every default. And the statute will that the sheriff shall return .xx. s. in issues vpon every Iurrur at the first day/ and that every Iurrour which shall pass in the inquiri, shal spend .xl. s. yearly/ whereby it semith that bailiffs of liberties are bound to do likewise, if so many of that said Iurrours be within his liberty, for else he is not. 8. H. 6. Campitulo .9. ¶ Baillyffes of liberties in attaintes vpon ple of land of the yearly value of. xl.s. or more/ nor in attaintes for deeds concerning lands of like value/ nor in attayntes vpon personal actions wherein the recovery extendeth unto .xl. lj. or more shal not return or impanell any persons in such inquest{is}, but those that be dwelling within his bailewike, and that haue estate to their own use in lands or tenement{is} for term of life to the yearly value of twenty pound or more within his baylewyke out of ancient demesne and the five port{is}. And at the first day of the distress retournyd, shal return no less issues in such actions of attaynte, then .xl. s. and at the second distress. C. s. and the double of every other distress vpon the persons so empaneled and returned. And yf he do the contrary, he shall pay .x. lj. to the king& as much to the party .15. Henrici sexti Capitulo quinto. ¶ bailiffs and other the kings officers may arrest those soldiers that come from the see and show not letters testimonials from their captains that they haue licensyd them. And they shall keep them until they haue inquired whither that they had license or not/& yf they haue no such license, then shall they be punished as felons .18. H. 6. Capi. 19. ¶ No Ballyffe of a liberty( vpon any precept to him directed to return the panel of any inquest) shall in the same return any Baillyff{is}, officers or servants to any office abovesaid, nor shal take any thing by them selfe or by other of any person by them arrested or attached. to their own use or aueyle/ nor of any other person for any arrest or attachment by the body made by them, or that is arrested by virtue of their office, for fine, fee, suit of prison, mainpris, lettinge to baille, or showing of any ease or favour to any person so being arrested for their reward or profit, but as is here limited/ that is to wete for the sheriff .xx. d. the Baillyffe that makys the arreste. iiii. d. and to the gaylour yf the prisoner be committed to him. iiii. d. And no Baillyffe of any liberty, nor Coroner by himself nor by other by colour of his office shall take any thing for the making of return or panel/ and for the copy of a panel but .iiii. d. Also Baylliffes of liberties shall let out of prison all persons by them arrested or being in their keeping by force of any bill, writ, or warrant in any action personal, or by force of any indytment of trespass, vpon reasonable surety having sufficient within the baylewike where they be let to bale, to keep their dayes in the same places as the same bill, writ, or warrant shal require/ those only excepted, which be in ward vpon any condempnacyon, or be excommunicate, or outlawed, or arrested vpon surety of the peas/ and vagarauntes that refuse to serve. And that the said Bailliffes shal not take any obligation of any person, nor by any person being in their ward by course of the lawe, for any the causes above rehersid, but in the name of their office and vpon the condition that the same persons shall appear at the dayes contained in the said writtes, bills, or warrantyes, and in such places as they require. And yf any Bayllyffe take any obligacion in any other form by colour of his office, it shalbe void, and that he shal take no more for the making of any such obligation, warranty, or precept by them to be made, but four pens. And yf they do contrary unto this ordinance in any point, for so doing they shall render to the party grieved h{is} damages triple, and shal forfeit for every time that they do the contrary .xl. lj. the one half whereof shalbe to him that will sue in any of the king{is} courts therfore. &c. 23. Henrici sexti. Capitulo decimo. ¶ bailiffs of liberties ought to seize the good{is} of any person arrested, or imprisoned for felony, before that they shalbe convicted or attainted of the same felony according to the lawe, or else that the same goods be otherwise forfeited, vpon pain to forfeit the double value of the good{is} so taken, unto the parties endamaged, suinge therfore by action of debt, wherein no wager of lawe, essoygne, nor halcyon shal in any wise be allowed to the defendant. primo Richardi tertu Cap. tertio. ¶ Bailliff{is} of liberties that be gaolers and haue the keeping of gaols, shal certify the names of every prisoner in his gaole that is there for felony, at the next general Gaole deliuere in every county or franchise( where such gaole is) to be kalendred before the Iustices of the same gaole delyuere, vpon pain to forfeit for every default there recorded. C. s. An. tertio Henrici septimi Cap. 3. ¶ All bailiffs& other heed officers, and every of them finding or knowing any person using or exercising any vnlaweful games contrary to the statut{is}, haue power to commytte every such offeder to ward,& there to remain in prison without bail, or mainprize, till such time as he be bound by obligacyon in such sum, as by discretion of him that taketh the bonde seemeth reasonable, to the King{is} use, that he shal play no more. An. sexto Henrici octavi Cap. secundo. ¶ All statutes made against sheriffs, under sheriffs, Baillyffes/ or other ministers for making or returning of panels, or iuries, or for due execution or serving of writtes, or other process, or for taking of fees, or for the reformation of extorcyons, or for any other thing concerning their office, and all pains contained in every such statute, shalbe extendyd to all stewards, Bailliffes and other ministers, and officers of liberties and franchises having return of writs,& execution therof in like maner as they extend to sheriffs, their under Shireff{is}, Bailliff{is}, or other ministers, saving that the bailiffs, and officers of liberties may occupy their offices for as long time as they shalbe given unto them. Anno. 27. Henrici octavi Capitulo .23. ¶ The office of Escheatours. YE shal inquire of escheators, yf they haue duly executed their office, and yf they haue taken any more for doing thereof then they ought, or yf they haue committed and done any extortion, or oppression unto the king{is} people by colour of their office. And therfore ye shal understand that no Escheatour ought to meddle, or inquire for the king, but in case where the king of right ought to be entyteled, and haue the land or thing that is found for him by the inquest, for yf one hold of the king as of his duchy of lancaster by knights service,& die his heir being within age, the king ought to haue the ward of the heir, and the land. And yet in that case yf the Escheatour fide it by office, he shal haue nothing for the finding therof, because the tenant held not of the king in chief as of his crown. And therfore the king may entre and seize the land and the heir without office,& may grant it. In like maner yf the Escheatour finde by office that one dyed seized and held of other lord{is}, and not of the king by knight{is} service, and that he is deade& his heir within age, the Escheatour shall demand nothing of right for finding of such an office. And so yf he finde an office that one died seized of such a manor in fee, and held of the king as of such an honour or castle by Knyght{is} service, and his heir within age: yet ought not the Eschetour to haue any fee or duty for the finding of that office, and if he take any thing therfore, it is extortion, which is well proved by a writ of ( diem clausit extremum) the words whereof be these. Quia Georgi{us} far. qui de nobis tenuit in capite die quo obijt, diem elausit exmum, vt accepimus, ideo tibi precipimus. &c. whereby it appeareth that yf one hold not of the king in chief, the Eschetour ought not to haue the fee of forty shillings for finding of the office. And yf he take it in that behalf it is Extorcyon. ¶ And in assize yf the defendant say that the lands are seized into the kings hand{is} by the Eschetour/ and the Escheatour being there present and examined by the Iustices there vpon do confess that he hath seized the lands into the Kyng{is} hands, wherein dede he hath not so done: in this case the Eschetour doth wrong to the plaintyf, which may haue an action vpon his case against the Eschetour for his falsed/ and for the delay that he hath sustained through that confession by suing to the king for a( Procedendo) ¶ None shalbe Subeschetour, unless he haue sufficient lamdes in those places where he is officer to answer to the King and his people/ in case that any will complain against them. Anno quarto Edwardi tertii Capi. 〈…〉 ono et An. 5. eiusdem Cap. 4. ¶ The Escheatours shal be chosen 〈…〉 very year, as the Shireff{is} shal be, and 〈…〉 y the same persons that choose the Shi 〈…〉 effes. And that no Eschetour shall 〈…〉 bide in his office above one year. 〈…〉 n. 14. Edwardi tertii Cap. 7. ¶ The escheators shal not do wast 〈…〉 Byshopprykes/ and other places 〈…〉 uringe the vacacyon of them/ ney 〈…〉 er shal sel under woods, nor chase 〈…〉 parks or warrens, nor fish in pō 〈…〉 es, or fre fyshynges/ nor may take 〈…〉 o fin{is} of any tenememtes fre nor bonde 〈…〉 ut shal cause thē to be kept& sauyd without doing damage, or any ma 〈…〉ner of oppression. An. 24. Edward 〈…〉 tertu Capi. quarto. ¶ So by this statute it apperyt 〈…〉 that it appertaineth to the office o 〈…〉 an Escheatour to seize the tempora 〈…〉lytes of Archebishopprikes, Bishopprykes, and abbeys of the king{is} foundacyon, during the vacacyon of th 〈…〉 same, and to take the profits, and t 〈…〉 account for them to the king in th 〈…〉 exchequer. Howe be it there is an other statute made in the same year 〈…〉 the effect whereof is, that if the, Dea 〈…〉 and Chap. prior, or Supprior, wy 〈…〉 take temporalties to ferme, paying 〈…〉 the value according to the remembrances in the exchequer, that the 〈…〉 shall haue thē before any other. An 〈…〉 by an other statute made the sam 〈…〉 year Capi. quinto the Chauncelou 〈…〉 treasurer of the exchequer taking t 〈…〉 them such other of the counsel, a 〈…〉 〈…〉 hey shal think good, shall lease the 〈…〉 acacions of Archbyshoprikes, By 〈…〉 hopprikes, abbeys Priories, and o 〈…〉 her houses of religion( thaduoidance 〈…〉 hereof belong to the king) the Dean 〈…〉 nd Chapitre, prior, or Supprior, 〈…〉 riores, or Suppriores, and covent, 〈…〉 t a certain rent to pay by the year, 〈…〉 uarter, or month, during the va 〈…〉 cyons as they shal think best, with 〈…〉 ut making fine. And neither the 〈…〉 schetour, nor any other office shal 〈…〉 ke cause or matter, to entre, or to 〈…〉 edle; or do any thing in prejudice 〈…〉 f the church. saving to the king 〈…〉 nd his heires knights fees aduou 〈…〉 ns, Escheates, wards, marriages 〈…〉 elyeffes, and services to the said 〈…〉 es belonging. In witness whereof 〈…〉 e king caused his letters patents 〈…〉 be made therof, datyd at westm. 〈…〉 e eight day of April the year above 〈…〉 encioned, whereby it appeareth that thauctorite aforesaid to make leasse 〈…〉 was given to the chancellor and 〈…〉 treasurer by the kings letters patents 〈…〉tentes. &c. An. 14. E. 3. Cap. 6. ¶ Theschetours and other the ki 〈…〉ges ministers must account in thesch 〈…〉ker after this maner/ that is of land 〈…〉 and tenements whereof profit arysyth from time to time through ou 〈…〉 the year as of milns/ herbages 〈…〉 tolle/ pleas/ profits of courts/ o 〈…〉 such other issues& profits, they sha 〈…〉 be bound to aunswere the king f 〈…〉 the rate and value of the time acco 〈…〉dyng to the old course of thescheke 〈…〉 And touching ancient fermes an 〈…〉 rent{is}, that are to be payed at certain 〈…〉 terms as rent secke, and rent service 〈…〉 whereof no profit arysyth until th〈…〉 day of payment: such rents an 〈…〉 fermes shalbe paid unto them tha 〈…〉 haue lyuere therof out of the king hand at the terms of payment of th 〈…〉 said fermes& rent{is} next following such liuere made, aswell for the time passed as the time to come. An. 28. E. 3. Ca. 4. ¶ The king and his progenitors haue ben seized of forfaytur{is} of warres, time out of mind that is aswell of land{is} and possessions, as of goods and cattels. And by colour therof thescheatour by their office haue seasid many lands, and tenements as forfait{is} to the king, surmising treason in some persons being deade at the time of the seaser, which never were attainted in their lives, the king hath ordained touching such forfeitures that fel in the time of his grandfather or before, that so sone as an inqueste thereof shal be returned into the Chauncerye by any Escheatour or other that hath power to inquire thereof, the tenant shall not be put out of possession/ but shall be warnyd by a Scire facyas to appear at a certain day for to aunswere unto the same, yf he will. And yf no such forfeiture be found the kings hand shalbe closyd, so that in al other cases of forfaitur{is} of treason by persons deceasyd not attainted, nor judged in their lives, their heirs nor land tenants shall not be challenged nor impeached of any other forfaytures, but of those only that haue been judged in time passed afore the death of certain persons, by presentment in Eyre or in the kings bench as of felons of the king& other. And therfore it seemeth that yf one move war against the king in his realm, and is slain in the same than the Escheatour may seize the lands and tenement{is}, as forfeiture of war without any other enquerie to be made therof. ¶ every Escheatour must take his inquests of office of good& lawful men sufficient of inheritance, and of good famed, and of the same county where thinquere shalbe made. And thinquestes shalbe indented bitwe●e theschetous and the Iurrours/ and yf it be otherwise done/ they shalbe void, and they shalbe taken in good towns openly. ¶ hour-glass may be taken to theschetours office, whereby any alienacyon or dying seized or that the heir is within age,& the land holden of the king in chief is found. ¶ lands seized into the kyng{is} hands by reason of ward, shal be kept without wast, And theschetours shal haue no fee of venison/ fish nor other thing, but shal answer the king of thissues and yearly profits arrysinge of the said lamdes without wast And if he do otherwise, then to make fine at the kings will, and to pay triple damages at the suyt of their/ as well with- suit of the party, or of the king, or any other person that will sue: they shall incur the pain of .xl. li. the moiety to him at whose suyt they shal be convict. And that no lands seized into the kings hands shal be let to ferme by the chancellor/ until thinquestes and verdytes be returned into the chancery, and by one month after the same return, except it be to the party grieved which was put out of those lands by that inquests, and will offer to hour-glass them/ and show good evidence, and finde sufficient surety to sue his hour-glass with effect, and to pay to the king the yearly value of the lands if it hap to be discussed for the king And if any letters patents of any lamdes or tenements to the contrary be made to any other person then to him that offerethe to hour-glass/ or be let to ferme with in a month▪ next to the said month of return they shall be void and holden for none. Anno 8. Henrici. 6. Capitulo .16. ¶ Escheatours and commissioners shall return thinquestes taken before thē into the chancery, or in theschequer within one month next after the taking of the same/ vpon pain of .xx. li. the one moiety to the king/ the other to him that will sue. Anno. 8. Henrici. 6. Capitulo .19. ¶ And yf any escheator take any office before him, and do not return the same into the chancery or thexchequer, within the month next after the taking therof, he shal incur the pain of .xl. li. forfeit by thestatute made. An. 8. Henrici. 6. and further shalbe bound to pay to the king as much as he is endamaged by the not returning of the same, And that the chancellor of england calling to him the treasurer of england may lease such fermes for the due execution of the said statute. nevertheless it appeareth that the same statute gyuethe but .xx. li. of forfeit against theschetour, or Commissioner Therfore search for the true record of both the statutes. Anno. 18. Henri. 6. Capitulo septimo. ¶ Escheatours must take their inquests of office by virtue of the writtes of ( Diem clausit extremum) and al other writs within one month after the receit of the same/ and that such inquests be taken in good towns and open places. And that none of them privily nor openly by himself or by other take any thing for thexecution of such writtes in one county above the sume of, vi. s. viii. d. or. xiij s. iiij. d. or under with his labour and his costs so that the sum that he hath taken all together exceed not above. xl. s. for thexecution of any such writ in one county. And if he do contrary to the premises, then to forfeit the sum of .xl. li. the moite to him that will sue for the king and himself. Anno. 23. Henrici sexti Capitulo decuno septimo. ¶ None shalbe Escheatoure/ yf he haue not lands or tenements to the value of forty pound, for term of life with in the same county where he is Escheatour. Nor no Eschetour shall let his office to ferme, nor make deputy( other thē he will at his parel aunswere for) whose name he must certify by his letters patents to the treasurer and Barons of thescheker for the time being within .xx. dayes after such deputacyon made. And that no such deputy take vpon him to occupy in the said office/ unless theschetour haue lands tenement{is} or rents to the yearly value of. xx, l as before is said. And if any {per}so do contrary to the premises or any of them, then to forfeit for every default xl. li. the one moiety to him that will sue, and the other to the use of the kyng{is} house by action of dete, where no wager of lawe essoing or protection shall lie. Anno. 2. Edwardi. 4. Capitulo .9. ¶ No sheriff, Escheatour, nor other person shal seize or take the goods of any person arrested or imprisoned for felony before that the same person so arrested or imprisoned be convict, or attainted of the same felony according to the lawe of england/ or that the same goods shalbe otherwise forfeited/ vpon pain to forfeit the double value of the goods taken to the party damaged suing therfore by action of debt/ where no wager of law essoing nor halcyon shal lie. Anno 1. Richardi tercij. Capi. 3. ¶ Yf any Eschetour/ or Commissiooner put into any of the king{is} court{is} any inquisition or office concerning lands or tenements, or other hereditaments, not found nor presented by the oaths of twelve men,& indented and by them sealed, then to forfeit for every such offence returned, and put in to any of the kyng{is} courts one C. li. to the party grieved. Anno. 3. H. 8. Capitulo secundo ¶ No Eschetour nor other Commissioner shal sit by virtue of any Commission to inquire of lands and tenements, except he haue lands, or tenements, or hereditaments to the yearly value of .xl. mark over all charges vpon pain of .xx. li. ¶ The Escheatours and commissioners shall be discharged by their oaths that they may not dispend .xl. marks over al charges/ and that vpon process made against them out of the exchequer. The Eschetors and Commissioners shall sit in open places and shall suffer every person to give evidence openly in their presens to the inqueste taken before them vpon pain of .xx. li., ¶ The jury shall receive the counterpaine of the indenture that shalbe presented, indented and sealed by the Eschetour or Commyssioner, and to rest in the possession of the first man that was sworn in the same jury/ vpon pain of every person that shal be sworn .xx. s. ¶ And every Escheatour, and Commissioner after that the jury is sworn and redy to give their verdict, and offer to present the same, that the same Escheatours or commissioners, or parte of them shall receive the same verdict without further delay vpon pain of a. C. li. and deliver the counterpayne of the same indenture to the jury in form before said upon the same pain. ¶ And if the clerk of the petit bag, or his deputye will not receive such offices, and put it into the files to remain of record within three daies after it be resceyued or offered to be resceyued, he to forfeit for every such default .xl. li. And the Commissioner, and escheator to be discharged of the penalty of .xl. li. limited by the Statute for none returning of the same offices, or inquysycyon within one month. ¶ And like lawe and penalty to be against the officers in the kings exchequer which ought to resceyue such inquisycyon, for refusing so to receive thē. And the Commissioners,& escheators to be discharged of the penalty for none returning of the same inquisition/ so that the said escheators or Commissioners at any time after the month of such office before thē found or before any of thē within an other month next then next enfuynge, return the said office into the chancery, or exchequer, as the case shall require. And the clerk of the petit bag to certify the transcript of every such office taken before any Commissioner, or Eschetour, into the exchequer the next term following the resceyte therof, vpon pain of a c.s. for every such default¶ And no man be compelled to occupy the office of Eschetour by any patent over one hole year, and that he that is ones Escheatour shal not be Escheatoure again within three yeres next after the said hole year ended.¶ If any Escheatoure exercise his office by reason of any patent over the time of an hole year ended, or be made Escheatour within three yeres after: then after the said hole year ended his patent so made to be void and the party grieved shall haue his recovery of every of the said forfaytures of one hundreth pound, by action of debt/ where no wager of law essoing nor protection to be allowed There be diuers provisions made for diuers Escheatours in cities, and boroughs, and in diuers counties.¶ And if the lands, or tenements of any man be seized into the kings hand by virtue of any office found before the Eschetour, or Commissioner, or by reason of an other record found in the chancery, or thescheker/ and he that so is put out of his lands by reason of such record, or or office so founden come and hour-glass that record or office, and it is found for him: where vpon he hath his judgement that the kings hands be closed and amoued: now yf it so be that ther be an other record or office found remaining amongst the king{is} re●ordes which is not traversed nor tried, yet shall not theschetour seize the lands again into the kings hands by reason of that record being found& not traversed. And yf he do, then doth he wrong and Extorcyon, and the party that is put out shall haue assize against him, and shal recover double damages against him. But in th{is} case the king must sue a Scire facias against him that hath the lands out of his hands, vpon this other record or office that was not traversed before. This is given by the statute lincoln called the statute of escheators. An. 19. Edwardi secundi. ¶ And if Theschetour by colour of his office without warrant or authority of the lawe that belongeth to his office, disseise any man of his lands or tenements: the party that is disseysed shall haue an assize of novel disseison, and shal recover double damages against theschetour. westm. 1. Capitulo .26. ¶ The Escheatour hath no power to amerce any man that appeareth before him, and misdemeanethe himself/ or if the Iurrours that be summoned to appear before him do make default, he shall record such things in his roll, and shall not amerce the Iurrours/ but he shall send the same record to the justicers in Eyre/ or to the justicers of Assyse, when they come into the country. ¶ It shalbe leeful to every sheriff, Iustice of peas and Escheatours to seize to the kings use all such goods and cattelles that such persons as come within this realm that be called Egipcians haue/& therof to make account to the king in his exchequer,& to retain& keep the moiety therof to his own use& account for the residue,& to pay no fees for the account nor for his discharge therof. ¶ The office of Constables. FOrasmuch as the office of a Constable was an office at the common law, of long continuance& was first ordained for the conservation of the kyng{is} peas to be had& kept in every town among the kings subiectes ther dwelling somewhat shal be spoken. And how ferforthe their power doth extend/ and what penalties are provided against them, for not executing their offices. ¶ Who were conservators of the peas at the common lawe. IT is now to be sene for the conservation of the peace, what persons by the common lawe had authority therein, before the making of thestatutes whereby justicers of the peace are ordained. And it seemeth that by the common lawe diuers persons were conservators of the peace: for at the common lawe there was one {per}son which is called chief justice of England, to whom the king committed his authority in the ministration of justice for things touching his Corone, and for the conservation of his peas among his subiectes throughout al his realm. And that is provid by the writ which the king sendeth to him, that he shal hold his place in the ministration of Iustice to h{is} subiect{is} in the form above said through out al his realm, whereby it doth appear that the same chief justice is high conseruatour of the peas through out all the counties of England, and in every part of the realm where he goeth. Also ther be other persons conservators of the peas through out the realm, as the Steward of england/ the Marshall/ and the Constable of england. Also the constables of every town were and be keepers of the peas by the common lawe/ likewise the high Constables of handmaides, wapentakes, laths, or tithing{is} were and be conservators of the peas by the common law within the towns or handmaides and within their limits And before the making of the statutes whereby justicers of the peas are ordained, the king by his commission made conservators of the peas in those counties and places( where him thought beste to keep his peas. And the authority which conservators of the peas had by the common law, is the same authority that a Constable of a town or wapentake hath at th{is} day, the which I shall partly touch. ¶ If one make assault vpon the Constable, the Constable may defend him and may take him and commit him to the gayle until he haue found surety to keep the peas/ though that the assault were made vpon himself. As it appeareth Micha. quinto. Henrici septimi, in the title bar. much more then, yf a Constable se one making assault vpon a strange person, may he take him, and commit him to prison, or to the gayle, until he haue found surety to keep the peas. ¶ And yf one man threat an other whereupon he that is threatened cometh to the Constable, and sheweth his matter, and prayeth him to compel him that so threatened him to finde surety: in this case the Constables and the party that is threatened may go, and compel him that so did make such threatening to finde surety to keep the peace/ and yf he will not, they may commit him toward until he hath found such surety as you may see. M. 44. Edwardi tertii in the title of bar. ¶ And yf one be landmen in parell of death, it is the office of the Constable of the town to arreste the offeder,& to keep him in prison, until it be known whether the party so stricken will live or die/ or until that he haue found surety to appear before the justicers of Gaole delyuere, or at such time as he shall be called vpon to appear before the justicers at their discretion. ¶ And yf one fly for felony it is the office of the Constable of the town to seize his goods and to keep thē, and yf they hap to be impayryd in his keeping, he shal answer for them to the king .2. Edwardi .3. in the Eyre of Northampton/ But by the statute made .1. Richardi tertii Cap. 3. that is changed. And yf felons or murderers be in the town, and the Constable haue knowledge therof, it is his office and duty to assemble people for to take them. ¶ And yf one take a fellow in the town and bring him to the Constable to be conveyed to the gaole, the Constables office is to carry him thether, and to cause other of the town to aid and assist him in so doing. ¶ And note that Constables were ordained for two intents/ that is to wit to keep the peas, and also to repress felons, to take surety by oblygacyon of such persons as they shal finde making affreys. ¶ It appertaineth to the office of the chief Constable of england to haue conusaunce of deeds of arms& contracts touching deeds of arms and of war out of the realm, and in like maner of thyng{is} touching arms within the realm, which can not be determined by the common law, as it appeareth clearly by the statute made the .xiii. year of richard thyrde Cap. 2. ¶ Alo it appeareth by the statute made An. 1. H. 4. Ca. 14. that al appeals to be made of thing{is} done out of the realm of england shalbe tried, and determined before the Constable,& Marshal of england for the time being ¶ Also when battle is joined in a writ of right or in appeal, that shal ●●derayned before the Constable and Marshal, howbeit the Iustic{is} must ●●the battle done, because that they and properly Iudges therof and not 〈…〉 Constable, nor the Marshal. 〈…〉 And the Constables haue many 〈…〉 authorities aswell by the common 〈…〉 e, as by statutes made the which 〈…〉 ou may see there. ¶ In. 7. Ed. 4. it is said that Gardeyns of the peas at the common lawe may inquire of congregacyons and unlawful assemblies, and of disseason with force/ but not of entres with force. But now by the statute, yf one entre with force, or do dysseason with force, or entre peasably, and keep possession with force/ the Iustyces of peas may make restitution to the party, and put him in possession by their writ directed to the sheriff. ¶ Constables in the towns where they bear office, may arreste men that go or ride armed in fairs, or markets by day or by night, and take their armor as forfeit to the king and imprison them at the king{is} pleasure. An. 2. E. tertii at Northampton. ¶ The kings purueyours ought to make their purueiance for the kings house, by the Constable, and four honest men of the towns where such purueyances shall be made, without threatenynge. And in presence of the Constables, tails shall be made and sealed with the seals of the takers, between the said takers, and the parties of whom the goods be taken. And yf any Taker make h{is} prise otherwise, it shall be done with him as with a thief. An. 22. E. 3. Cap. 1. ¶ Constables of towns must arrest such as pass by night, of whom suspeccion is had, and deliver them to the sheriff, there to remain in ward until they be duly deliueryd. Also they must arreste such as be called Robberdes men, Wasters,& Drawelatches( yf suspeccyon be had of any such) be it by night of day, and deliver them to the sheriff until the cummynge of the Iustycers of gaole delyuere. Anno. 5. E. 3. Cap. 14. ¶ It is ordained that none shal take for threshinge a quarter of wheat or corn above two pens. ob. and for a quarter of malt, beans, pees,& oats i. d. ob. yf so much haue been used to be given, and in the country where they use to reap by the sheaf,& threshe by the bushel, they shal take no more nor otherwise. And that such labourers and other servants shall make an oath two times in the year, before lords, stewards, Bailliffes, and Constables of every town, to do and keep this ordinance, and that none of thē shal go out of the town where they dwelled in winter for to serve in summer( yf he can haue service in the same town, saving to the folk of the counties of Stafforde, Derby, lancaster, craven, and the Marches of Wales their free liberty to labour in other countries in the time of August. And they that refuse to make such oath, or to perform that thing that they haue sworn& taken vpon them, shal be put in the stocks by the said Steward{is}, Bailliffes, Constables, of towns, by the space of three dayes or more, and shalbe sent after to the next gaole,& there to remain until they wylbe orderyd/ and that there be stocks in every town for the same intent. And the Steward{is} Baillyffes, and Constables, shall make oath before justicers assigned to inquire diligently of al thē that offend against this ordinance, and to certyfie their names before the same Iustycers when they shal come into the country, to keep their sessions, vpon which certificat made the same Iustycers shall cause thē to be attached by their bodies to appear before the said Iustycers, to answer unto such contempts/ so that yf they be attainted, they shal make fine& ransom, and further to be commanded to prison until they haue found surety to serve in maner above said. And the Iustycers at every time that they shall come into the country, shall inquire of stewards, bailiffs, and Constables whether they haue made good and lawful Certifycat or haue councealed ought for any gift, procurement, or affynite, and shal punish them by fine and ransom, yf they be found guilty. An. 25. Edwardi tertii Capitulo secundo and octavo. ¶ Constables of towns where as faytours, or vagabonds resort haue power to examine them diligently, and compel them to find surety of their good behaviour by sufficient maynpernours distreynable in case that any default be founden in such faytours, and vagabonds. And yf they can finde no such surety then to be sent unto the next gayle there to remain unto the coming of the Iustycers of gayle delyuere, which haue authority to do with such faytours and vagabonds as they shal think best to be done by the law. An. primo Richardi secundi cap. 5. ¶ Constables of towns may arreste any servant labourer coming to the town, from any place vagaraunt, oneles he haue a letter containing the cause of his going, and the time of his return, under the kings seal that thereto shal be assigned and delivered to the custody of some honest man of the hindered, Wapentake, city, or borough according to the discretion of the Iustic{is} of peas. And the Constable may put him in the stocks, and keep him until he haue found surety to return to h{is} service, or to serve in the town from whence he came, until he haue a letter to depart vpon cause reasonable. Anno. 1●. Richardi .2. Cap. 3. ¶ Constables haue power to arrest servants and labourers that bear about them hangarde, dagger, or knife, and to seize the said weapons as forfeit, and them to keep until the Sessions of the Iustices of peas before whom they shal present such weapons with the names of thē that bare them, except that they travail in the country in their masters message. Anno. 14. Richardi secundi Capitulo sexto. ¶ sheriffs and other the kings ministers may take the power of the country to repress assemblies, and ryottes in outrageous nombre, and to commit them to prison. An. 17. Richardi secundi Cap. octavo. It seemeth by these words( the kyng{is} ministers) that Constables of towns haue power to do so by th{is} act aswell as the sheriffs. ¶ Constables may arreste servants labourers, and imp●ison them by the space of syxe daies, which use not bows and arrows vpon sundays, and such other festival daies, which will not leave utterly all playing at the ball, as well with hand as with foot and other games called coytes, dice, casting of the ston, keyles, and all other like importune games. An. 11. Henrici quarti Capi. quarto. ¶ Constables and al the kyng{is} liege people that are able to travail win the county must be assystynge and aiding to the Iustycers of peace, and the sheriffs to repress great ryottes, and unlawful assemblies, vpon pain of imprisonment and to make fine and ransom. An. secundo Henrici quinti cap. 8. ¶ Constables shalbe made in every party of the marches of Wales, and market towns to inquire, search and arreste such persons that carry victual or armor to any parte of Wales, without the kings license, which Constables shall haue the sixth parte of the forfeit for their travail An. quarto H. quarti Cap. 26. ¶ Constables of port town{is}( where soldiers that haue been retained in wages to serve in war beyond the see, or vpon the see, and depart from their capitains, and turn back, and arrive in any port of england without license of their captain under his seal) may arreste such soldiers, and keep them until enquerie be made of them/ and yf it may be proved by enquerye before Iustycers of the peace, and proves that they haue mustered of record,& departed from their captain( as before is said) without license/ then they to be punished as felons. An. 13. H. sexti Capitulo .19. ¶ The constables Tithingmen and chief pledges of every town must assist and aid the owners and sellers of any goods( where the kings r will make their purueiance or bargain of any goods to the value of forty shylling{is} or under of any person) and will not pay prest payment in hand: in which case it shalbe lawful to every one of the king{is} lieg{is}, to retain thē,& to resist such purveyors and not to suffer them to make any such purveyance. And yf the Conble, tithingman, or chief pledge be required to aid or assist any man in making such resistance, and he refuse it, he shal pay to the party grieved the value of the thing so taken, by action of debt, with the damages to the double. An. 20. Henrici sexti Capitulo .14. ¶ Constables may arreste purveyors or biers of any lord, or other person( except purveyors for the king and queen) which take any vytaile or carriage against the will of the owners, and to committe them to the next prison of the kings, there to remain without baille or mainprize, until they haue delivered all the said vytailles, or carriages, and other thing{is} so taken. And yf the Constables do otherwise when they be required, they shall forfeit twenty pound. The moiety to be to the party from whom the goods were taken, to be recovered by action of debt, where in the defendant shall not wage his lawe. Anno. 23. Henrici. 6. Capitulo .13. ¶ Clothiers shal pay to carders spiners, and other labourers lawful money for their wages/ and carders, fullers, and other labourers shall do their duty vpon pain of double damages. And the Constables of the hundred or Constable may here and determine the complaints of every such clothier, and labourer aswell for none payment of the said wages of labourers, as of the said forfaytures and damages by due examination of the parties in that behalf,& further for non payment of the said duties, forfeitures and damages, to commit the trespassours to the next gayle in the same county, until the said duties, forfeitures,& damages be duly payed unto the said labourers/ or clothyers. Anno quarto Edwardi. quarti Capitulo primo. ¶ every high Constable or petyte Constable shal take or cause to be taken all vagaboundes, idle people/& suspect persons living suspeciously and set them in the stocks, and there to remain by one day and one night and to haue none other sustenance but bread and water, and then to avoyde the town where they were taken, into such place or hundreth where they were born, or where they last dwelled by the space of three yeres. And if eftsoons they be taken in such default then they to be set likewise in the stocks by three dayes and three nights with like diet. Anno. 19. Henrici septum Capitulo .xii. ¶ Constables& other head officers& every of thē findynge or knowing any person using or exercisynge any unlawful games as tenes play bowls/ Classhe, and all other unlawful games prohibited by many statutes, shall haue full power to commit every such offeder to ward/ there to remain without bail or maimpris till such time he or they so offending be boundin by obligation to the kings use in such some as by discretion of the same officer shalbe thought reasonable/ that they from thenceforth shall not use any unlawful games. Anno sexto Henrici. octavi Capitu. 2 ¶ For wages for boat men, and for their barges or botes, or for a barge From London to Graueshende .iii. s. orelles every {per}son& his male .ii. d. From London to Ereth, greenwich, grastorrocke, or Purflete .xii. d. or else for every person and his farthel .i. d. so it pass not xii. d. From London to Wulwiche. 13. d. for a boat or whery that is the tide boat, or else every person. ob. From London to Grenewiche .iiii. d. or elles. ob. for every person and his farthel, From London bridge, or Saint Mary oueres, or Poules wherffe to Westminster .iiii. d. or else every person a. ob. From the black friers, Bridwel and the Temple to Westmynstre/ or Lambeth .ii. d. with their males, or else every person. ob. so that it amount to ii. d. From Westminstre to Lambeth or Staingate one. ob. for a boat from London to Mortlake .xii. d. or else every person .ii. d. with his male. And from those places above name to London for a boat, or barge like sums to be payed. And these articles to be kept upon pain to forfeit triple the fare. And bailiffs, Constables and other the kings officers next adjoining to the feries, vpon complaint to them made or to any of them by thē that be grieved in that behalf, may arrest them and committe them to ward for their misdemeanoure,& to make fine for the same. Anno. 6. Henrici. 8. Capitulo .7. ¶ By the statute made. Anno. 22. H. 8. howe impotent persons shalbe ordered to beg and haue their living. It is ordained that if any impotent person authorised to beg, 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 stocks by the space of .ii. dayes and two nights, giving thē but onely bread and water/ and after that to cause every such person to be sworn to return again without delay to the Hundreth, Rape, city Borough, town, parish, or franchise/ where in they be authorized to beg in. ¶ And if any impotent person be vagrant and go a begging& haue no such letter under seal as is specified by th{is} stantute then the Constables& all other inhabitants within such towns or parish, shal cause every such beggar to be taken& brought to the next Iustice of peace or high Constable of the hundreth. And thereupon the said Iustic{is} of peace, or high Constable, shall command the said Constables& inhabitants of the town or parish which shall bring before him any such beggar that they shall stryppe him naked from the middle upward& cause him to be whipped within the town where he was taken, or where the same Iustices of peas or high Constable shall appoint. And if not/ thē to command such beggar to be set in the stocks in the same town or parish where he was taken by the space of three dayes& three nights to haue only bread and water: and thereupon the said Iustic{is} or high Constables shal limit a place to the same beggar to beg in. And to give him a letter under seal in form before limited and to swear him to repair thither immediately after his punishment executed.¶ And all other persons being hole and mighty in body that do beg, the Constable of the hundreth, rape, or wapentake, wherein such persons shal be so taken. And the Iustic{is} of peace, or high Constable( before whom they shalbe brought) by their discrecyons shall cause them to be brought to such places where they think convenient,& there to be whippid naked through the town/ or Market/ and thene to be sworn to return to the place where he was born/ or where he last dwelled by the space of three yeres and to haue a letter under the seal wytnessynge that he hath been punished, ¶ Also all {per}sons the abjure to any saintuarie within this realm, shalbe conuered thereunto by the Constables of every towneshippe, that is from town to town till that he come unto the same saintuarie whereunto he is abjured in like maner and form as persons that had abjured this realm, should haue been conveyed to the next port of the see from that place where they be abjured unto the same port by course of the common lawe before the making of this statute. Anno. 22. Henrici octavi Capitulo decimo tercio. ¶ every fermour or owner of lamdes tenements, or hereditaments, whereof the yearly value or rent amounteth to .v. pound, which manureth the same/ shall pay to every person which by his diligence and labour at his own costs taketh any old crows, and rooks, or choughs, vpon the same lands, tenements, or hereditaments of the yearly value aforesaid two pens for every twelve old crows, rooks, or choughs, and .i. d. for six/ and one. ob. for three old crows, rooks, or choughs. And if any fermoure/ or owner refuse to pay the said money according as is aforesaid: then vpon complaint and proof made therof to any Iustice of peas, or high Constable, the same Iustice or high Constable shal cause the same money to be levied by distress of the goods and catellles of every such fermoure or occupyer of the same lands and tenements. Anno. 24. Henrici. 8. Capitulo .10. ¶ Where it is ordained by an statute made in the .vij. year of king? richard the second. Capitulo .9. that he which espieth and proveth defaults in any clothes put to sale contrary to the assyse therof ordained touching clothes,& contrary to the said estatut{is} should haue the thyrde parte of every such cloth being defectyue for his labour by the delyuere of the sheriffs, if they be present or else of the lords of fairs& markets, or of stewards, bailiffs, or Constables of town{is} where such defectyue clothes shalbe found, by Iudenture between them to be made/ the which shalbe delivered every year into thescheker at the feast of S Mighell by them that shall make such deliuere/ to thentent to charge the Aunagours, and Coillours, by whom such maner of defaltes ought to be searched and amended Anno. septuno. R. 2. Capitulo .9. ¶ If any person ship merchandise of the Stapule in places suspect adjoining to the costs of the water and maketh no Indentures therof between him& the mayor or Constable of the town, they shal be forfeit and the king shall haue the moiety/ and the lord of the town/& he that found and seized such wears shall haue the other moiety. And it is lawful for every person to search in these cases. Anno. 14. Henrici sexti Capitulo quinto. ¶ It is ordained that a horse man shall pay for passage at dover three shyllinges, and a foot man. vi. d. And the Constables of dover to ponysshe thē that do the contrary at the svit of the party that will complain, and shal do him right in that behalf. An. 4. Ed. 3. Capitulo. octavo. ¶ The office of the Coroner. FOr to declare plainly thoffice of a Coroner, it appeareth by the statute of M. Carta in the .xv. chapter that no Coroner ought to hold any pleas of the Corone. But Breton declareth the office of a Coroner in form following. ¶ first that in every county Coroners shal be the principal conservators of the peas to bear record of al pleas of the crown, of abiuracions, vtlagaries, and such like. And the Coroners shall make an oath before the sheriff in the full county/ that they shal make their inquests/ enrollementes/ and all that to the Coroners office appertaineth lawfully,& without askinge allowance. And if any felony chance/ or treasure be found/ or any woman ravished, or prison broken, or any man wounded nigh unto death/ the Coroners( so sone as he shal know ther of) shall send to the sheriff/ and Baillyffes of the places( where such adventure shal happen) to cause to come before him by a certain day at the place( where such chance befell) four of the next towneshyppes and other if need be, by whom he shal inquire the verity, and shall compel the towneshippes to swear vpon the saynt{is} to show the truth of those articles that he shall demand of thē. Then shall the Coroner and the Iurrours view the body/ and the wounds/ and the stroke/ and immediately after such view had the body shalbe buried. And yf the Coroner finde the body butted before his coming/ he shall record the same, nevertheless he shall not omit to dig up the body/ and make it be viewed openly of the towns, And those Iurrours which haue ben summoned/ and come not to thinqueries of Coroners, shalbe amercyd at the cummynge of the justicers at the first assizes in those Counties so that such defaults be entred in the Coroners roll, so that the Coroner shal haue no power to amerce no man for any default.¶ And when thenquest is sworn the Coroner must inquire if the person were slain by felony, or by misadventure,& whether the felony were done within a house, or without/& all the circumstance. And after it shalbe inquired who were present at the dede, and who be coulpable of the aid, force commandment/ consent, or receit of such felonies witting. And if the Coroner haue any suspeccion of the first inquest for concealment of the truth, or if it be needful to inquire better,& by other then shall he inquire dyvers times/ and all such as therof shall hap to be indyted/ the sheriff shall take in all the hast/ if they may be founden/ and yf not/ the Coroners shall inquire who they be/ and who hath withdrawn themselves for that occacion. And the sheriff shal forthwith cause their lands to be/ seized and afterwards all their goods, and cause them to be praised by lawful inquest, and the goods with the prices shall be enrolled in the Coroners roll/ and shall be delivered to the towneshyppe for to be answerable therefore unto the king in case the party so indyted fly/ and will not stand to right. ¶ And after they shall inquire if he that is indyted did ever finde surety to keep the kings peace/ and the names of his Mainpernous, which he shall entre into his roll. And yf the playnetyffe will sue Appealle with in the year/ and the day/ thene shall he finde two sufficient pledges to the sheriff of that county/ dystreynable with in the same/ to sue his appeal according to the lawe of the land. And than shal the Coroner cause the appeal to be entred with the names of the pledg{is} and after it shalbe commanded unto the Seriaunte of the country where such felonies done( which as me seemeth is the sheriff or his Bailliffe errand) that he haue the body at the next county. And if the Sergaunte return at the second county that he can not find them/ then shall it be award that the principal being appealed of the dede/ shalbe solemnly called to stand right touching the same felony/ and so shal be called from county to county/ until they come or be outlawed. And if the playntyffe make default at any county/ then shall thexigent pass until the coming of the Iustices of the kings bench, or the Iustices in Eyre in the country. And if the principal be out lawed, the exigentes shall go forth immediately against the accessoryes. And when they shalbe outlawed, withdrawn or suspected, the Coroner shal inquire at whose finding such a fugytyue hath been, and according unto the verdict he shal enroll it, and then inquire of the land{is} and good{is} of the fugitive. And yf they appear before the outlarie, they shalbe repleuiable. And yf the felony were done out of a house, the Coroner shall inquire who found the body first/ and he shall be taken and let go under suertyes. And that no Iurrour be remouyd by challenge of any party. neither shall any Coroner take any thing by himself, or by other, nor suffer to be taken by his clerk, for doing his office. And yf it be found that any is deade by misadventure/ then shall it be inquired what mysaduenture/ as if it be founden that he fell from a miln, it shalbe inquired what things were then moving there, and howe much they be worth, and so yf he fel out of a cart. And yf one fall out of a ship, nothing shalbe judged the cause of his death but the ship,& the things that move therein, and not the merchandise lyenge therein. ¶ And the Coroners ought to receive the comfession of felonies made by prouours in presence of the sheriff, who shall be his Comptrollour in all his office, and such confession he shal cause to be enrolled. And when any person fleithe to a church, so sone as the Coroner shall haue knowledge therof, he shal semde to the Baillyffe of the place, that he shal cause to come before him by a certain day the neighbours, and four of the next townshyppes adjoining to the church, and in their presence shal receive the confession of the felony. And yf the fugitive pray to abjure the realm, the Coroner shal do that the which to his office belongeth. ¶ Also he shall inquire of rape, and all the circumstance, the Appealles whereof with all other appealles of robbery, felony& such like, he shal cause to be entred in his roll. ¶ Also they shal inquire of treasure founden, of wrecks of the see, and of Sturgeons, and of Whales taken/& who were the takers, whose names they shall enrolle, and let them go by mainprize. And such things as shall happen to be founden, they shal safely keep to the kyng{is} use. And the sheriffs, and Bailliffes, shal be always attendant vpon them, and their commandments. ¶ It is ordained that through out al the Counties of England there be chosen sufficient Coroners, of the most sage and lawful Knight{is}, that may beste to the same office intend/ which lawfully shall attach, and present pleas of the Corone as well of appealles, as of things to the same office belonging. And that no Coroner demand nor take any thing for doing his office, vpon pain of a grievous forfeiture to the king. 1. westm. Cap. 12. But now by the statute made. An. 1. H. 8. Capi. 1. the Coroner shal haue .xiii. s. iiii. d. of the goods of the murderer. And yf the mourder be committed in the day time, and the murderer escape/ thē Coroner shall haue .xiii. s. iiii. d. for the escape vpon the towneshyppe. ¶ Also it appeareth by an statute made in the .xiii. year of Edwarde the first, which is called the statute of Excester, under what order inquisycyon shalbe made of the defaults of Coroners( be they alive or deade) where ye shal see the charge that shal be given to thinquestes that shall be charged to inquire of Coroners, in which charge it appeareth further, what the Coroner ought to do by his office, which charge here ensuyth. ¶ The furme of the charge to inquire of the defaults of Coroners according to the statute of Excester. first they shall inquire if the Coroner go in proper person to do his office, or not, whereby it appeareth that he can not make a deputye. 2 Also yf he haue sent any other to do h{is} office what he was, and how often and about what adventures. 3 Also if he came at every time of h{is} own good will without delay/ or that he or his clerk haue taken any thing for the more speedy executinge of their office. 4 Also yf he tarry or delay to thentent to haue any reward after that he hath knowledge of the trowthe, and after that he is sent unto, howe often, and in what place, and under what maner. 5 Also yf the goods of felons taken by him, be delivered to the towns to keep by a lawful enqueste as they ought to be, and enrolled in his record or not. 6. Also yf the Coroner take any thing of any person for to take a false inqueste for to dystroye the right of any, or to praise the goods for less then they be worth. 7 Also yf he entre any thing in his rolls, otherwise then it was given by thenquest, and what thing he, or his clerk took therfore, and howe often/ and for what thing he or his clerk took such thing. 8 Also yf he or h{is} clerk took of the good{is} that were prased,& prized them at less thē they entred thē in their rolls. 9 Also yf the prices were not assesyd by the enqueste. 10 Also if the townshyp were falsely charged, and of what thing. 11 Also yf any appeals were falsely enrolled, or imbesiled out of the rolls, after that they were entred. 12 Also if he refuse to take any plaint of appeal, for poverty, hate, or other like cause, and what he took for that occasion, and of whom, and howe much. 13 Also if he or h{is} clerk haue taken ought of the goods of the party that is deade vpon whose body he took view, what thing it was, and howe often he so did. 14 Also yf he haue entred al the attachementes belonging to his office in due maner/ or if he haue made any attachment for to grieve any person or to haue of his own/ and entre it into his rolls. 15 Also yf he haue not done h{is} office at al times at his own costs without taking ought therfore. 16 Also yf he haue concealed ought at any county, or procured to be murdered, to the greuance of any person, and if he so did then to inquire howe often, and for what reward, and for whom, and in what case he so did. 17 Also yf al the attachement{is} hanging, and lawfully received be pursuyd by him as he ought to do for the king or for the party, or cause to be pursuyd. 18 Also yf the goods of such as haue fled the town{is} where they dwell for suspeccion of felony, were attached by him, and praised by enqueste, and enrolled according thereunto,& delivered unto the town{is}( where those good{is} were founden) to keep safely until the coming of the justicers in Eyre. 19 Also yf he suffer appealles or other plaints to him made, to be conveyed away, imbeseled, or rasyd out of the rolls, and if he take ought for such falsehood/ of whom/ howe much/ and howe many times. 20 Item yf there were any treasure found in the time of the same Coroner, in what place,& what maner of treasure, and howe much, and in whose hands it resteth, and by whose deliverance. ¶ This is the ho●e charge that Iustycers in Eyre must give, for to inquire of Coroners/ and of their defaults. Furthermore Iustic{is} in Eyre may impanel other inquests of four and twenty persons of the body of the county to inquire of the concealment of the first inquests which did inquire of the defaults of Coroners. ¶ When Coroners haue any knowledge from the kings Baillyffes, or other honest men of the country for to go unto such as be slain, or suddenly deade, or wounded, or brekers of howeses, or to any place where treasure is said to be found: they must go forthwith, and command four, five, or syxe, of the next towneshypp{is} that they be afore thē at such a day& place, and when they shall come, thē the Coroner must make enquerie therof in form following. ¶ first yf the person were slain in house, or in the field, in bed, or at the tavern. &c. and who be guilty there either of the dede or consent. &c. And yf any be in the court, which were there so that they can speak, or haue any discretion,& they that be founden guilty by inquest shalbe taken,& delivered to the sheriff. And such as were present, and be not guilty shall be attached until the coming of the Iustices / and their names shalbe written in the Coroners roll. ¶ If any be suddenly slain in fild{is}, or in the woods/ it is first to be sene whether he were slain there or not/ and yf he were not slain there, then as nere as they can/ they shal follow the steps of him that brought the body thether with horse/ or cart/ yf it be possible, in case the murderer be known/ and yf he be a stranger, then shal they inquire where he was lodged the night before. And touching such as shalbe founden guilty, the Coroner shall go immediately to their houses,& enqueare what good{is} and lands they haue,& howe much they be worth by the year. ¶ But by the statute of king richard the .iii. it is ordained that the lamdes& goods of such {per}sons shal not be seized until they be attainted, or otherwise conuicte by course of the law. And these things thus being inquired the bodies shalbe buried incontinent. ¶ moreover they must inquire of such as be drowned or deade suddenly and whether they were drowned or strangled, or slain, and they must inquire who were the finders that they may be attached. Also they must view the lenthe, breadth, and depnes of al wounds, and must inquire with what weapsō, and in what place of the body. And yf the wound be mortal the offeder shalbe kept until it be known whether the party may be hole. And yf the wound be great, then he shal be let go under four, or syxe pledges, and if it be but little, thē two pledges shall suffice. Also they must inquire of horse, carts, and other things whereby any was slain that they may be praised and delivered vt supra. ¶ Also they shall inquire of wreck of the see, and yf any lay hand vpon it, he shalbe attached by good pledg{is} and the wreck shalbe praised and delivered to the next towneshyppes. Furthermore hue and cry shalbe levied vpon al manslaughters, burglaries, or when any is slain or in parel of death yf it may be. And al shal follow such hue and cry, yf they be able, and they that do not, shall be attached to appear before the Iustycers. &c. ¶ Also yf any person fly unto the church, or other hallowed place for murder, felony, or such like offence the Coroner vpon knowledge therof shall come thither and take his confession/ and yf he will abjure the realm, the Coroner shall receive his abjuration, which he shall say in this form. ¶ The form of the abjuration. HERE you this sir Coroner that I A. B. am a thief of one horse( or other like thing) or a manslear of one man( or more) and a fellow of our sovereign lord king Henry the eight. And forasmuch as I haue committed many evil deeds& felonyes in this his realm, I here abjure his land for ever,& shal make as much hast as I can, to the haven of D. which you haue assigned me/& I shall not depart out of the high way,& yf I do, I will that I be taken as a thief and fellow of the king. And further I shall diligently seek my passage at the place above limited/ and I shall not abide ther any longer thē one ebb& one flood, yf I may haue passage. And yf I can haue no passage in so much space, I shal go every day into the see up to my knees,& assay yf I can get over. And yf I can not so do within forty daies continuing, I shall yield myself again to the church, as the kyng{is} thief and fellow. So help me God and holydome. ¶ nevertheless it seemeth that when any person shal abjure, him behoveth to show the place, the day, and year, and in what county he did the felony, or Mourdre, which confession shalbe as an Indytement in effect/ notwithstanding yf he do it not but only as before is expressed, it is good enough/ because he is attainted before by his abjuration. Howe be it this maner of abjuration, is put out by the statute of Henry the .viii. made in the .xii. year of his reign, whereby it is ordained that such as will abjure/ shall make their abjuration from al their liberty unto some sayntuarie win th{is} realm, ther to remain during their lives, and shalbe burned in the right hand with this letter A. And yf such a person afterward be taken out of saintuarie, he shalbe ordered in like maner as one that had abjured the realm before the said statute. And the same person that so taketh the church shall make h{is} abjuration, and shall take his passage from traverse at such a day and time as the Coroner shall appoint, and shalbe marked vpon the brawn of his thumb on the right hand with a burning iron, and shalbe conveyed to the sayntuarie( whereunto he is abiuiuryd) by the Maiors, Bailliff{is},& Constables, in such fashion as they haue been which heretofore had abiuryd the realm. And yf any fellow refuse to abjure before the Coroner, he shall be taken out of the saintuarie,& shal lese the privilege therof. And that is by the statute of. An. 21. H. 8. Ca. ●. ¶ Also it is ordained that none shal be chosen Coroner, if he haue not land sufficient within the same county for to answer all persons. Anno. 4. Edwardi. 3. Capitulo .8. ¶ And it is further ordained that al Coroners shalbe chosen in the full county by the commons of the said county of the most convenient and able persons. An. 28. E. 3. Capi. 6 ¶ The Coroner shall inquire vpon the view of the body, if he were slain by day if the Murderer be taken. And if the Murderer escape, the towneshyppe to be amerced. And the Coroner shal inquire of that escape when he enquereth of the death vpon the view of the body. And the Coroner shal haue for h{is} fee .xiii. s. iiij. d. of the goods of the Murderer. And yf he haue no goods, then to haue his fee of such amerciament as shal be set vpon the towneshyppe for the scape. And after the murder found/ the Coroner shall certify his inquisicyon afore the Justicers of the next general Gaole delivery in that county. And if the Coroner be remiss/ and make his inquisyon vpon the view of the body, and certify not according as is aforesaid: then the Coroner for every default to forfeit one. C. s An. 3. Henrici. 7. Capitulo .1. ¶ Hit is ordained that vpon request to the Coroner to come and inquire of any person drowned or slain by misadventure: the Coroner shall diligently do his office without any thing taking therfore, vpon pain of every Coroner that will not endeavour him to do his office/ or that takethe any thing for doing his office vpon any person deade by misadventure .xl. s. Anno. 1. H. 8. Capitulo .7. ¶ In case of mans death within the verge, it shalbe commanded to the Coroner of the country that he together with the Coroner of the kings house do make thenquirie, and enrolle it. And that which cannot be determined before the steward because the Felons be not attached/ or for other like cause, shal remain at the common lawe so thexigentes, vtlagaries and presentments thereof be made in Eyre by the Coroner of the country/ as of other felonyes done out of the verge. articles vpon the Charters. Capitulo secundo. ¶ No Coroner, sheriff, nor other officer shall take ought for his office and if he do/ he shall restore twice so much. Westminster. 1. Capitu 28. But thestatute of. H. 7. giveth to the Coroner a mark for every murder. ¶ Also it was said by the justicers M. sexto Richardi secundi, that the Coroner hath no power to inquire of mannes death, but onely upon view of the body, and if he do, it is frustrate and void. And yf one Coroner enqueare vpon the view of the body/& after another Coroner will come and enqueare therof again/ this second inquire is void/ for the first enquerie is onely of record. ¶ If one become a Prouour before the Coroner he shall not afterward be admitted to say that he did committe the act by duresse of imprisonment/ for the record of the Coroner shal estoppe him to plead that. ¶ If any will sue appeal of roborie or larceny, he must come into the full county within the year and the day after the felony done, and must finde two pledges to follow his svit, and the Coroner shal entre his appeal immediately in his roll, and the names of the pledges. And then shal it be commanded to the Bailliffes of the place, where &c. that he haue the body at the next county. And if he return at the second county ( Non est inventus) then shal the Appealle be called from county to county until he be outlawed/ and if the plaintiff make default at any county, then shall the exigent cease until the Eyre of the justicers in the same county/ and the plaintiff shall lease his action after appearance for ever/ whereby it appeareth that after the year and day a man shall not haue appeal of felony. And to this point agreyth Breton in his first book. ¶ The Coroner must record his view, abjuration, appealles, and accusacyons of thieves made before him,& so must he do of al things that belong unto his office to be done/ and the nonsuites of plaintiffs in appealles he must record/ with all things done in the county which belong unto his office. Also ye shal note that appealles shalbe made in the court of any lord that hath franchise of Infangthef in presens of the Coroner. &c.¶ A presentment was sent into the kings bench by a Coroner comprisynge howe a certain person taken for felony, was conveyed unto the church by certain Freres. &c. And because the Coroner had no power to take such an inditement, a writ was directed to the same Coroner to certify whether he had any other presentment or not. Anno. xxvii. Edwardi Libro Assisarum. ¶ An adventure of the death of a man was presented before Iustices in Eyre and because the same was not founden in the Coroners roll, the Coroner was awarded to prison. The Coroners fee in Eyre, is to haue a penny of every venue, when they shall come¶ Note that a presentment made before Iustycers in Eyre of a thing/ which is contrary to that that is entred in the Coroners roll, shalbe taken as void, and the Coroners roll shalbe taken for the record. ¶ The Coroner shal inquire of the death of men slain, or drowned in the arms, or creeks of the see where the land may be sene of either side. But now by the statute made. An. 13. R. secundi Cap. v. and confirmed. An. 2. H. 4. Cap. 11. the admyral hath no iurisdiccyon, but onely vpon the high see/ whereby it appeareth that the Coroner hath iurysdyccion there to enqueare of manes death. ¶ A Coroner may take an appeal of felony made by an approuour in any county of england/ and so may he do of an abiuracion, in case that he confess the felony to be done in an other county. And the Coroner may abjure him aswell vpon that, as if the felony had been done within the same county. But he can not take any appealle of robborie, or felony, oneles it be within the same county where the robborye, or felony was committed and where he is Coroner/ for by the confession, or appeachement he is attainted, and so is he not in the other case.¶ One that becometh a Prouour before Iustycers shall not haue a Coroner except he will confess the felony before them, and pray a Coroner. T. 26. Edwardi. 3. ¶ And yf one become a prouour, and appeal other of diuers felonies done in other counties, in this case the Coroner can not make proc{is} thereupon into any foreign county, but he shall entre it in h{is} roll, and shall send the same presentment before the Iustycers of gaole deliuere, and the justicers of Gaole delyuere shall award process to the sheriff of the foreign county, for to take him that is so appealed. ¶ Thus ye must understand that yf any sheriffs, Baillyffes, escheators, Constables, or Coroners take ought for doing their offices, otherwise then to them is limited by the statut{is} before declared, that thē such taking is extortion, which is punishable at the king{is} pleasure, as appeareth by the statutes before written, and by the statute made. An. 1. H. 4. Cap. 11. whereby it appeareth that sheriffs. and their ministers, Bailliff{is},& their ministers, Escheatours, and their ministers, Coroners, and their ministers are bound to serve al precept{is} to them directed from the Iustycers of peace without taking ought of any party. And yf a precept be directed to the sheriff, or any other the kings office, to compel any to appear before the Iustycers to finde surety of the peas, yf the party( against whom any such precept is directed) be redy to come before the said Iustices to finde surety of the peas they shal take nothing of him. And in like maner must they serve al processes that come to them, directed out of the kyng{is} bench, the common place the exchequer, or the Chauncerye without taking ought therfore, but onely the fees expressyd in the statutes before written. And yf they take any other fees, it is plain Extorcyon. ¶ A brief declaration concerning the extorcyons of Ordynaryes, persons, Vycars, and Curates. concerning Ordynaryes, ye shal understand that it is ordained by an statute made in the one and twenty year of king HENRY the eight, that no ordinary shall take any thing for the probate of the testament of such a person, whose goods amount not above the sum of a hundreth shillings, except to the Scribe .vi. d. only. And of goods above the value of a hundreth shillings, unto forty pound iii. s. vi. d. And the Scrybe to haue twelve pens of the same sum. And for the probate of a testament of good{is} above the value of forty pound, five shilling{is}, whereof the Scribe to haue two shillings and syxe pens, or for every line being ten inches in length, one penny. And such like sums for letters of administracyon, where such persons die intestate, and the testament to be registered, and delivered to the parte without delay/ and letters of Administracyon to be granted to the wife, or next of the blood of the party deceassyd, or to both. And for the probate of a testament, or letter of Admynystracyon of goods under the some of a hundreth shillings, the ordinary shal take nothing. moreover it is the office of the ordinary to deface the seal of the testator( wherewith the testament was sealed) and to deliver it again to the party. And yf the ordinary take any more then afore is limited, he shall forfeit so much as he taketh, and ten pound more besides that, whereof the moiety shalbe to the party grieved. ¶ If the ordinary city any person to appear in a spiritual court to depose in any matter there, as a witness/ that is Extorcyon and wrong to the party. ¶ If any ordinary, Person, or vicar car take any mortuary after the death of any person, which had not in good- to the value of ten marks, that is extorcyon. And likewise it is where they take a mortuarye in such places, where it hath not been accustomend to pay mortuaries. And even so it is where a Person, or Vicar taketh more then .iii. s. and .iiii. d. in the name of a mortuary yf the goods amount above .x. marks,& under the value of .xxx li. for that is extortion. Also yf he take more then .vi. s. viii. d. for a mortuary where the good{is} be above the value of .xxx. li. and under the sum of forty pound, the debts payed that is extortion. ¶ And yf they take of them whose goods amount to .xl. li. above the debts payed, more then .x. shillyng{is} for a mortuary, that is extortion. ¶ And if they take any mortuary for a woman married, or one that is with in age, or for a man that keepeth no house, it is extortion. ¶ And yf any mortuary be taken in Wales, it is extortion/ except bishops that shall take mortuaryes there of priests,& curates. And the Archdeacon of chester shall take mortuaryes of priests within the county of chester. ¶ And who so ever taketh for a mortuary more thē he ought, shal forfeit as much in value as he taketh, and forty shyllyng{is} besides that to the party grieved. An. 21. Henrici octavi Capi. 6. And this haue I thought sufficient to declare unto you concerning Extorcions of Ordinaries, persons, Vicars, and Curates. ¶ FINIS. ¶: imprinted at London in fleetstreet/ by me Robert Redman, dwelling at the sign of the George, next to S. Dunstones church. ¶: Cum privilegio Regali.