In this book is contained the Offices of sheriffs, Bailiffs of liberties, Escheatours, Constables, and Coroners; and showed what every one of them may do by virtue of their offices; drawn out of books of the common Law and of the Statutes. gabvielharuey. 1579. The office of sheriffs. WHat the office of a sheriff is hereafter shall more plainly appear, but in a generality, his office is righteously, & duly to return all writs and precepts to him directed, and truly to execute the same according as he shall be commanded in the same writs and precepts. And that be take nothing of any person for doing his office, but the due, & accustomable fees to him belonging. And that he duly hold and keep his Counties, Courts, and turns, according to the our course of the Law. Upon these three poynetes dependeth the whole charge and effect of his office. The office of the sheriff is to return good sufficient and reasonable issues, and upon such people as have sufficient goods or lands, according to the statute of Westminster. An. ij. capitulo xxxix and Edwardi tertij capitulo quinto The Sheriff aught to take the inditements founo before him in his turn by Indenture, and so shall Bailiffs of franchises, one part whereof shall remain with the Indytours. An. secundo Edwardi tertij. Capitulo .17. The Sheriff may arrest men riding or going armed, and commit them to prison, there to remain at the King's pleasure .2. Ed. 3. cap. 5. at Northampton. sheriffs and under sheriffs shall receive ●rits in every place within the county without taking aught, & shall make a vil, which i● they reful● other that he present shall pu● to their Seals. And if they return not the same writs: they shall be punished and shall re●der damages to the party .2. Ed. 3. cap. 5. at Northampton. sheriffs, and jailors shall receive thieves indicted, or taken with the manner without taking any thing for the receipt .4. Ed. 3. cap. 10. sheriffs shall lease their hundreds, & Wapentakes after the old fearme, & not above. An. 4. Ed. 3. cap. 25. and An. 14. Ed. 3. cap. 8. Shiriffs' aught to arrest people suspect of felony going by night, or by day, which be of evil fame .11. Ed. 3. cap. 14. The shiriff i● one county shall have no more Bailiffs errant but one .14. Ed. 3. cap. 9 sheriffs aught to keep their turns every year within a month after Easter, and within a month after Mychaelmas, xiii & xxxi Edwardi tertij. cap. xiiii. sheriffs that levy issues, fines and amerciaments in the County, aught to have the extreates ensealed with the seal of the Exchequer, so that as much as is paid may ●oe blotted. And if any sheriff or Minister do the contrary, he shall tender to the party triple damages, and shall make 〈◊〉 to the King, and the suit hereof may be aswell before justices of peace as before other justices xxiiii Edward. ter. cap. ix. The sheriffs shall array the panneis of Assizes four days before the session's at the lest upon pain of twenty li. And Bailiffs of liberties, shall make return to sheriffs six days before the sessions, upon the same paine● 〈…〉 .3. cap. ix. T● 〈…〉 aught to examine Loiterers 〈◊〉 ●agarantes, and compel them to find ●●rety of their good behaviour ●y sufficient mainprize of such as be distrey●able, if any default be found in such vagarantes. And if they cannot find such surety: then to command them to the next jail, there to remain until the coming of the justices of jail delivery, they to do with such vagarants as they shall think best vii Richardi ii cap. seven. The Sheriff shall be bound four times in the year to make Proclamation of the Statute of Wynchester, in every hundredth of his bailiwick. The Sheriff aught to take swords, Daggers and hangers, from Servants labourers, and Servants of crafts men, and victuallers that wear them, unless it be in time of War or when they labour in the country with their masters or upon their business. And the Sheriff shall keep y● same weapons, which they shall present unto the justicers of the peace at their sessions with the names of them that bore them xii Richardi two. cap. vi. sheriffs aught to receive Labourers, Servants, Beggars and vagabonds, and them detain in Prison without bail or mainprize and without fee or taking any thing at their entre or going out of Prison upon pain to forfeit a C.li to the King xi R. two cap. ix. sheriffs and other ministers of the King so soon as they have knowledge of assembles and roiots, with outragions number of people, aught with the power of the shire to go and make resistance against such malite with all their strength, and shall 〈…〉 and keep them in prison until the due punishment of the law be executed upon them. And all manner of Lords, and other the kings true liegemen aught to be assistant with all their power & strength to aid the sheriffs and other ministers therein. 17. Ric. 2. cap. 8. sheriffs aught to be personally dwelling in their Bailiwicks for the time, and they shall not let them to farm 4. H. 4. ca 5. sheriffs aught to see and provide, that neither their under sheriffs, Bapliffes Clerks, nor receivers shall be attorneys in the kings Courts for the time of their office i H. 5. cap 4. sheriffs aught to let to mainprize people indicted of heresy and jollardes which are in their keeping within x. days under good sureties, so that they appear before the end of the said ten days. 2. Hen. 5. ca 7. sheriffs shall 'cause the Statute of prirueiours to be proclaimed four times in the year, upon pain of C-li. for every time that he faileth so to do. And upon like pain shall deliver the same to his successors to be proclaimed. ● Hen. 6. cap. 2. sheriffs must make due election of the Knights of the Parliament ix. H. 6. ca 40 sheriffs must return such people, Knights of the Parliament which be choose by the greater number of the freeholders dwelling in the county which may expend xl.s. yearly above all charges. And that those knights ●ee dwelling within the same county. And that he examine every freholder at such elections upon a book how much he may expend. And if any Sheriff return other knights: he shall forfeit an hundred li. to the king and shall have one years imprisoment without bail or mainprize. sheriffs upon a precept made unto them by justices of the peace to inquire for forcible entre, shall return upon every of the i●rours. xx.s. in fines at the first day. And justices of the peace shall hear and determine such defaults of sheriffs by Bill of the suit of the party or ●y indictment. And they shall lose xx. li. for every default. And he that will sue shall have the one half 13. Hen. 6. cap. 9 To annoyed robberies and spoils upon the river of Seuerue, & by the coasts of the Forests of Deane, & the hundreds of Blo●essom, & Westbury in the county of Gloucester, the sheriffs of Gloucester or the Bailiffs of the town of Gloucester after notification made to any of them of such inturyes and damages, by the parties grieved, within four days after the notification made, shall make proclamation at the town of Gloucester that such offenders within .15. days after such proclamation, shall restore unto the party endamaged their goods so taken, or the vain with a reasonable amendss. The said sheriffs & Bailiffs to forfeit xx. li. if they fail so to do. 9 Hen. 6, cap 28. The Sheriff of Herforde, neither in his turn or in any other place after the turn ended, shall take any inquiry or inquest of office which aught not to be taken there. Neither shall he take any fine or amerciament for things not appertaining to his office or turn upon pain to forfeit x. li. x. Hen 6. cap 8. sheriffs aught to return in attaint in plea of land, men of the yearly value of xl. s or in an action of deeds concerning lands of such value, and in actions of the sum of forty pound. And moreover, those people dwelling within their bailiwick, which may expend twenty pounds yearly above all charges for term of life at the least, out of ancient demean Gau all kind and the 5 ports. And at the first distress xl.s. & at the second u.li. and the double value of every other distress against the iu●oors, upon pain of x. pound, to the King and as much to the party. And if there be not sufficient people dwelling within the county which may expend twenty pound, yearly then shall they impanell other people of the most sufficient possessions of yearly value of lands and tenements, within the value of twenty pound upon pain to forfeit ten pound to the king and to the party, as much as the form afore said, decimo quinto. H 6. cap. 5. The Sheriff or under sheriff of Herford must arrest such people of Wales, or the Marches thereof which be outlawed of treason of felony, whom the said Sheriff knoweth or seethe to be in any place within the said county, and co bring to the jail. And if any such person being indicted do disobey of flee away: the said Sheriff shall levy hue and cry, and pursue him upon pain to make fine and ransom to the king .23. Hen. 6. cap 5. The sheriff shall not occupy his office above one year, and if he so do: then to forfeit. xx two. and every pardon for such offences shallbe void, any words put in such Letters Patents notwithstanding. Also he that presumeth to occupy the same office above one year by force of such letters patents, shall be disabled to be Sheriff in any other shire afterward xxiii Hen vi. cap. viii. No Sheriff shall let to fearme his county, nor any of his Bailiwicks. Hundreds Wapentakes. No Sheriff, Bailiff of franchise, ne other officer shall return in any panel any of his Bailiffs, officers or their Servants. No Sheriff nor any other to any use shall take aught of any person to be arrested attached, nor to success of any arrest or attachment to be made to the body. Nor shall take aught of any person arrested or attached, for fine, see, suit of prison, mainprize, letting to bail, or for showing any favour or ease to any person being so arrested, except it be as here followeth, that is to wit to the shiriff. xx.d. to the Bailiff that read the arrest. iiii.d. and to the jailor if the Prisoner be committed to ward, four pennies. 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. iiii.d. How be it they use to take two. shillings for the return of a panel but that seemeth to be extortion. sheriffs out to let out of Prison all people, being in their ward by force of any wryt, bill, or warrant, in any action personal or indictment of Trespass upon a reasonable surety being sufficient in the County to keep their days in the places, as the said Bills writs, or Warraunts require, except such as be condempued outlawed, excommunycated or for surety of the peace, or by the commandment of any justice, and vagabonds which refuse to serve. Also sheriffs aught not to take any obligations for any thing above mentioned or by colour of their office. But only to themselves, nor of any Person being in their Ward but by the name of their office as by the name of the sheriff in the Obligation upon condition that the party shall appear at the Days contained in the Wryttes, in such places as the Bills Wryttes or warraunts require. And if any Obligation be taken of any Person by colour of their office in any other form, it shallbe void. sheriffs shall not take for any obligation warrant, or precept by them to be made any more than four pennies. sheriffs must make their deputies yearly in the king's courts, that is to wit in the chancery, the bench, and the exchequer of record before they return any writ. sheriffs that do contrary to this ordinance in any point, shall lose to the party grieved triple damages, and shall forfiate xl. li. forevery time that they shall so offend the one half to the King, and the other to him that will sue .23. Hen. 7. cap. x. sheriffs when writs be directed unto them to levy the expenses of Knights of the Parliament, must make proclamation at the next county after the deliverance of the same writs, that the Coroners, Constables, and Bailiffs of hundreds shall be there to assess their wages upon poyne of forty shillings. 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 otherwise assessed, for every default they shall forfeit twenty pounds, the one half whereof shallbe to the party that will sue. And the Shiriff shall levy the same duly and shall pay it to the Knights of the parliament, upon pain of xx. pound. And the party that will sue shall have his action by Scire facias, and shall have ten pounds above the twenty pounds with triple damages xxiij 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 Bailiff of Cities, and boroughs, within the County, commanding them to elect Citizens, and Burgesses, to come unto the Parliament And the said Mayor and Bailiff shall truly return the same precept to the Sheriff by Indenture between them for the election, and names of them that are choose. 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 Bailiffs. And for every time that the sheriff shall do contrary to this or any other statute made for the elections of Shyriffs, to come unto the Parliament, he shall encur●e the pain of one C. pound to the king, and a years imprisonment without bail. And more over shall pay unto the person so being choose Knight, Citizen or burgess and not duly return: or to any other person which in default of such Knight, Burgess or Citizen, will sue therefore, one hundredth pound to be recovered by Action of debt. And the Sheriff aught to make such elections in the full County between the hours of viii. and ●yne before none, and to make a good and true return of such elections, upon pain to forfeit one hundred pound to the King, and as much to the party that will sue therefore against the sheriffs, their executors or administrators xxiiii Henrici seven. capitulo xu sheriffs in their turns aught to inquire, hear and determine, if any Minister of the warden of the Court in the Marches of Scotland: or if any other arrest any person by his Body or Attach him by his goods out of the Counties of Northumberland, and Cumberlande, and Westmoreland, and the Town of Newecastell, to answer in any of the said courts: or else by Colour or cause of any pro●●●● in the said courts: for in such arrests it shall be lawful for every man to make resistance. And the party grieved shall have an Action of false imprisonment or trespass and shall recover triple damages therefore and the defendant shall have two years imprisonment. And the sheriff shall have power to proceed thereupon as well as upon a presentment made in his turn xxxi Henrici sexti. Capit. two. Where as some men by dissimulation and other means fayne themselves to be lovers to Women namaryed or Maidens or Widows, having great possessions and substance of goods, and get some Women into their possession, and convey them 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 paid unto them, or 'cause them to be bound in a Statute Merchant, or sometime will compel them to be married at their pleasure which if they refuse, to levy upon them the sums contained in the same obligations and Statutes: it is ordained that the party grieved shall have a writ out of the Chancery comprising the whole matter of their unreasonable entreating, directed to the sheriff commanding him to make proclamation at the next county after the receipt of the writ that the offender shall appear at a certain day, & place, prefixed in ●he written before the chancellor or the juticers of assize of the shire where such offences shall ●ap to be done, or before some other person assigned by the chancellor. And the Sheriff to whom such a wry●● shallbe directed, shall execute the same according to the tenor thereof, upon pain of iii C. li. the one half to the king, the other to him that will sue therefore by writ of debt, wherein no wager of Law, protection nor former plea (to 'cause the matter to be tried in another county then where the writ is brought) shallbe allowed xxxi Henrici quarti, capitulo quarto. Upon every Indictment, or presentment taken before sheriffs or other ministers in their turns, or law-days. They shall deliver the same Indytementes, and presentments to the justicers of the peace at their next Sessions upon pain of. xl.li. And the justices of the peace shall award Process upon the same aswell as if they had been taken before themselves and shall arrayve those that be so indicted of ●elony, & shall set fines upon such as be indicted of trespass, the extreates of which fines shall be enrolled by Indenture, and delivered unto the same sheriffs, or ministers. And if any sheriffs, or their ministers arrest or attach any person by colour of any such indictment, or presentment in their turns, or law days, or else take any fine, or amerciament before they have process from the justicers of the peace, or afore the excreats out of the Indytementes shall be delivered, they shall forfeit a C. ●. the moiety whereof shall be to the party suing therefore by wryt of debt, in which no wager of law nor protection shallbe allowed. Anno primo Edwardi .4. cap. vitimo. Upon an information made to justicers of peace, or other justicers against any person for retaining or giving of liveries, or against any that is retained or taketh livery, the justicers shall make process there, as upon a recovery of debt or trespass. And if the Sheriff in any suit granted thereupon against any person being sufficient, return any less Issues than xx. s. at the first day of the distress, and at the second day. xxx.ss. & at the third day. xl.ss. and so at every day after more by. x.ss. in issues for every such return he shall forfeit twenty s. ●. Edwardi .4. cap 2. The old sheriff shall have power to return Writs, and execute his office during the term of S. Michael, and Hilary after the year of the said office expired unless he be lawfully discharged, thereof before .15. Edwardi. 4 cap. II No sheriff nor other officer shall seize, or take the goods of any person being arrested or imprisoned for Felony until the same person be duly convict or attayneed of the same Felony by course of the common laws or except the same goods be otherwise lawfully forfeit, upon pain to forfeit the double value of the goods so tak● to the party grieved suing therefore by Action of debt, wherein no wager of law essoin nor protection shall be allowed i Richard. 3. capitulo. 3. No bailiff or other officer in any panel within any county of this realm shall return any person to be put in or upon any Inquiry, in the turns of sheriffs, but such as be of good name & fame having freehold to the yearly value of. xx.s. or copyhold to the yearly value of. xxvi.s.viij.v. at the lest above all charges upon pain to lose for every person not being sufficient, at every time that they shall so offend. xl.ss. and the Sheriff other. xl.ss. whereof y● one moiety shallbe to the party suing therefore by● Action of debt, in which suit no protection or essoin shallbe allowed. But wager of law is not expressed. And for that cause is behoveth to wake information thereof to the Exchequer. primo. Richardi iii cap. iiii. sheriffs or other, having the custody of jails shall certify the names of every prisoner being in their custody and of them committed for felony, unto the justicers at the next general jail delivery to be kalendred, upon pain to forfeit for every time that they make default in so doing a hundred shillings. three H. 7. cap. 5. Also the sheriff nor any other person in his name or by his commaundement● shall entre no plaints into their Books in no man's name unless the plaintiff be there in his proper person or else by sufficient attorney or Deputy that is known of good name, & the plaintiff shall find pledges, people that be known in that County, is pursue his plaint, and the plaintiff shall have but one plaint for one trespass or one contract. And if the sheriff or any other his officers cause to be entered any more plaints than the plaintiff suppposeth that he hath cause of Action against the defendant then the Sheriff or his Clerk that both cause to be entered any such plaints contrary to this act shall forfeit for every default xl.s. the one half to him that will sue, and prove the same matter by action of deb● or information. Also the Sheriff shall make sufficient precept after such plaints entered against the defendant directed to the Bailiff of the hundred to attach or warn the defendante-● appear and answer to the said plaints, and there be any default in the said Bailiff or the hundred in warning or executing of their offices, then to forfeit, xl.s. shillings, and to be convict thereof by examinations of the justices of the peace or any of them. The same sheriffs nor their deputies, shall make none estates to levy the sheriffs amercements till the two justicers of the peace, whereof one to be of Quorum, have the sight of their Books, and the estreats to be indented between the justicers of peace & the Sheriff & undersheriff, sealed with their seals, the one part to remain with the said justicers, and the other part with the Sheriff. And those people that shall be gatherers of the said amerciaments shallbe sworn by the said justicers that they take no more money than is forfeit and contained in the estreats sealed with the seal of the justicers to the same, upon the same pain of forfeiture as is above rehearsed, the same gatherers to be convict by examination of the same justices or one of them. And the same justicers of peace shall be appointed at the sessions held at Michaelmas by him that is custos rotu●orum, or in his absence by the elder of the quorum to have the controlment of the said sheriffs, under sheriffs, shire Clerks & other of the said officers, and of the said sheriffs amerciaments And the said justicers of peace upon suggestion shal● make Process against th● Sheriff, undersheriff, shire Clerks, o● other officers to appear before them to answer to such suggestion or information as is used in action of trespass. An. secundo. H. 6. cap. 15. And every Sheriff shall 'cause to be taken all vagabonds, idle people and suspect people, and set them in the Stock there to remain at the first taking by one day and one night, and at the second time to be in the Stocks by 3. days & 3. nights with bread and water. And if any Sheriff execute not these premises of every vagabond, bermit or beget able to labour, or Clerks, pilgrims, or shipmen, as often as any such cometh in sight, or that he hath therefore any knowledge within the town or place where he hath authority, that as often as any such misdoer abideth there above the space of one day and one night and departed unexamined & unpunished: for every misdoer so departed the Sheriff to lose three shillings, and four pennies, and the Shirif in his turn hath authority to inquire of all that defaults of Majors, Bailiffs, high Constables, petty Constables and all other governors and officers of Cities, towns & villages with in their turn, & to have ● s.4.d. for every default found in his turn. Au, 15. Hen. 7. cap 12. Also every Sheriff upon 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. people dwelling in the shire, every 〈…〉 viii. d. of copyhold or of both over all charges & to return in issues every person. xx. s at the first day, and at the second day. xl.ss. and if the default be in the Sheriff for returning of people not being of that sufficiency or for no returning of Issues in form beforesaid, he to forfeit .xx li. An. xuj. Henrici seven. capitulo. xv. Also if any riot ●r assemble of people be made in any part of this Realm against the law, the justicers of the peace or two of them of the lest, and the Sheriff or under Sheriff may come with the power of the County (if need be,) to arrest and bring them before the same justicers o● the peace. And the sheriffs or under sheriffs have power to record that, that the shall find in their presence done contrary to the Law, and the offender shall be convict by such record. And if they v● departed before the coming of the said Justicers Sheriff or undersheriff, than shal● the same justices or two of them within on● month after such riot inquire diligently where they assemble was made. And if the truth cannot be found, than the same justicers, or two of them and the Shiriff, or under 〈…〉 within a month next following: shall certify before the K. and his counsel the whole deed with all the circumstances thereof, which certificate shallbe as strong to put the parties to answer thereupon as in an indictment found by xi. men, 13. Hen. 4, rapi. ultimo. And if the said riot or unlawful assemble be not found by reason of any imbracery or maintenance of the said jury, than the said justicers of peace, the sheriffs over and above such Certificate, that they must make according to the said Statute made. Anno xiii. Henrici. quarti, shall in the same certificate certify the names of the said maintainers and imbrasours in that behalf (if any be) with their misdemeanours that they know, upon pain of every of the said justicers and sheriffs, or under sheriffs xr. li. if they have no reasonable excuse for not certifying of the same, which certificate so made shall be an indictment in the law and every person duly proved to be maintainer or embrasour shall forfeit, ●x. li. and to be committed to ward there to remain by discretion of the justicers. An nineteeen. Hen. seven cap xiii. Also that no Sheriff upon writs and precepts directed to him do return before Escheatours or commissioners any person to inquire of any lands or tenements, except every of the same jury have lands & tenements of the yearly value of xl.s. above all charges in the same Shire upon pain of forfeiture for every person so returned a C.s. Anno. 3. Henric● oc●aui, capitulo secundo. Also all panels put in by the Shiriff before any justicers of jail delivery or before justicers of peace (whereof one to be of the Quorum) in their open Sessions to inquire, for the King shall be reform by putting to, and taking out of the name so empaneled dy discretion of the same justicers And that the same justicers or justicer shall command every Sheriff and their ministers in their absences to put other people in the same panel so reform by the justicers to be good. And if any Sheriff do not return the same panel so reform, than every Sheriff so offending, for every such offence shall forfeit xx. li. half to him that will sue by action of debt, bill of complaint where such fall or be, and no wager of law essoin, nor protection shallbe allowed. Also upon every exigent (where writs of proclamation are to be awarded) the same writ of proclamation to have the same day of return that the exigene hath, and to be deliuery● of record, and the Sheriff to make proclamation three several days in his plain county, whereof one of the proclamations to be made at the general Sessions in those parts where the party is supposed to be dwelling, that he yield himself to the sheriff of the foreign Shire that the sheriff may have the body at the day of the exigent, returnable to answer to the plaints & that the Sheriff of the said County that hath such writs of proclamation: duly execute the same, & thereof make due return at the day appointed in the writ, upon pain to forfeit such amerciament as by the justices shallbe assessed. sheriffs, Bailiffs Constables and all other head officers and every of them, finding or knowing any person using or exercising any unlawful game contrary to the Statute, have full power to commit every such offender to Ward there to remain without bail or mainprize, till such time as they so offending be bond by obligation to the kings use in such sums of money as by discretion of the said Shiriffs or other officers shall be thought reasonable that they from henceforth shall not use any unlawful game .6. Hen. octa. capi secundo. If any impotent person beg within any other place, then within such limits, as he shall be assigned, the Sheriff and all other the kings officers shall by their discretion punish such person's b● imprisonment in the Stocks, by the space of two Days and two Nights, giving them Bread and Water only, and after that, 'cause them to be sworn to return again to the place where they be licenced to beg. Anno. 32 Hen. 8. capi. duodecimo. The justicers of peace upon information or presentment made against any township for none 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 they found surety to appear at the Sessions before the justicer. And upon the return of the Sheriff of the distress if the person appear not, then every such person to lose xl.d. the first distress, & at the second distress. vi. s.viii.d. on his default, and so to be doubled at every distress till appearance be had. sheriffs that have custody of jails shall make seals to be graven with the name of the Castle that he keepeth for●to give and seal writs to prisoners acquitted, to beg for their fees within that bun●reth where he is delivered by six weeks next after his delivery and then to go to the hundredth where he last dwelled by three year or where he was born. The shiriff shall not suffer any such prisoner to beg for his fees nor to depart but to doo● service and labour till that he deliver such Letter and the Clerk of the peace to make the brief within one day after the sessions upon pain of. xii.d. to the King. An. 22 Henri. 8. capitulo .12. For distroyinge of Crows, Rooks, and choughs, it is ordained that every person having any Manors, lands, & tenements, in their manurance, shall do as much as in him is reasonable to kill & destroy the same Crows and Choughs, and Rooks breeding or abiding upon his Lands, or tenements upon pain of a grievous amerciament to be set. And if the offence be within the limits of leets, or Court barons then to be set by the Steward with two of the presentours by the Steward and presentours to be named upon the presentment found and presented, and to be reasonably assessed after the quality of the offence. And the amerciament to be to the Lord of the law day, and if any person be Lord of such Manors, or inhabit there (whereunto any such Laweday or Rape is belonging) then upon a presentment had before the sheriff in his turn with two of the presentours to be choose by the presentours shall cease the said amerciament by their discretion to the use of the King, and levied by distress. An. 24. H. 8. cap. 10. And the sheriffs in their turns shall give in charge to the tenants and Inhabytaunts appearing before them that they shall duly inquire and put in execution the effect of this Act. Shiriffs' shall hold their Courts from month to month: and where greater time is wont to be, greater shall be. Magna Carta. cap. 33. The King commandeth that sheriffs, and their officers which receive his debts shall acquit lawfully the debtors at the next accounts after that they have received the debt, and then it shall be allowed at the Exchequer, so that it shall not come in the summons after. And if the shiriff do otherwise and be attainted thereof, he shall tender three times so much as he hath received and shall make fine at the kings will. And if another do it for whose hand he is answerable at the Exchequer, he shall tender the triple thereof to the plaintiff & shall make fine in the same. And the sheriff shall make tails to all them that have paid him the King's debts. Westminster primo Capituli no●o. Concerning sheriffs and other which have levied the King's debt, & make reins or other acquittance to the debtor, and discharge him not, it is agreed that when the shiriff is impleaded therefore in the Eschewer by the debtor, if he come not at the distress, then shall another distress be awarded returnable at a certain day wherein it shall be commanded that proclamation be made in the full county, that the defendant shall come in by a certain day to acquit the debtor of the sum, for which he made him the acquittance or tail, at which if he come not in, & the wryt be returned and the proclamation certified, he shallbe held convict and the debt shall be levied of him, in like manner as debt recovered against him in the kings court & damages shallbe awarded to the playntif according to the discretion of the Barons. 14. Ed. 2. In the Statute of Attayntes in the last chap. The King commandeth that all his sheriffs and Bailiffs which have received his debts, of the summons of the Eschequers which acquit not the debtors upon the next account shall be punished according to the statute made. Distresses of the Exchequer. Capitulo quinto. It is ordained that execution of writs which come to the Sheriff be made by the hundreders known and sworn and in the full County and not by others if it be not for great scarcity of hundreders. For than it shallbe done by other people convenient & sworn. The statute of Lincoln the last capi. sheriffs shall not be charged with the leaving of any issues, nor shall levys any before they come out of the Exchequer by the extreats there to be levied. And if percase any Shiriff return issues upon any recognitor pledge or manucaptor by him assessed, 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 shallbe charged there with at the Exchequer, & shall make tails to any person of all manner things by him received, and shall not return any where the names of Manucaptors, jutours or other, except it be according to the tenor of the writs to them directed, nor shall return the names of pledges of freemen any where unless they have manifestly confessed themselves pledges. The statute of fines. cap. 2. No shyriff, Coroner, or other the kings ministers shall take no reward for doing his office, and if he do, he shall pay the double, and shallbe punished at the kings will but shall be paid of that which they take of the king. West. i cap. 26. sheriffs shall not suffer any barretour or maintainers of matters within his county, neither stewards of great Lords, other (which be not attorneys to their Lords to do their suits) nor to sit upon the judgements of the County, nor to pronounce them, except he be thereto required of all the Suitors & attorneys that shall be there at the same journey. And if he do the contrary, the king shall take it grievously to the Sheriff, and the offender. Westminster prime capitulo. 31. It shallbe lawful for every Shiriff, justicer of peace, and Escheator to seize to the kings use all such goods and cattles that such people as come within this Realm (that ●e called Egyptians have) & thereof to make account to the King in his Exchequer, & to retain & keep the moiety thereof to his own use, & accounted for the residue, & to pay no fees for the account nor for his discharge thereof. In these Statutes it appeareth what thing the shirif aught to do by reason of his office, and that he aught not to take any thing for doing his office, but only that which is appointed to him by the same statute. And if he do or take any thing otherwise: it is extor●ion, which aught to be inquired upon by the justices of the peace, & the Sheriff shallbe punished therefore. And if any sheriff do any extortion to the people, and ●ee duly attainted thereof he shall straitly be punished therefore, at the pleasure of the King. Anno primo. H. 4. captulo. 9 sheriffs may, and are bond to inquire of common annoysances done to all manner of the Kings Subjects, but not of assaults made upon any private person for that is but a particular offence, by Martin. 4. Henrici sexti. The sheriff must keep his turn within a month after Easter, and within a month after the feast of S. Michael. And if be 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 all inditements & presentments there taken after the same time be void. Bloodshed shallbe inquired of in the Shyriffes turn, because it is an article that is to be enquired of in a Leete. All leets be derived & taken out of the Shiriffs turns in so much that for default of inquiry in leets of things enquirable there, the same things there omitted aught to be enquired of in the turns of sheriffs. 8. E. 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 Leete of an other & 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 Leete that he would not inquire or find the sum when he aught to have enquired thereof, in this case it seemeth that the sheriff in his turn may inquire of it in default of the Lord. M.xxviij. E. 3. And if one have a fair or market by grant or prescription, & keep not his fair, or market as he aught: the shiriff aught to inquire thereof in his turn. 22 Hen. 6. Upon presentment of Nuisance in the sheriffs turn, the party shall be ame●●ed there by the shiryffe, which may distrain for the amerciament. And if proper stare be presented there the Sheriff may abate the same, and reform it. P. 26. E. 3. Also it appeareth by the book of Br●ton that unto the turn of the shiryffe aught to come all the freeholders of the hundred and other land tenants (Clerks, men of Religion and Women only excepted) where at the sheriff shall 'cause .3. of the most sage and sufficient people of the hundred to be sworn. And then shall all the residue be sworn by dosins and by the towns, which shall make their presentment to the first twelve. jurors, upon the article wherewith they shallbe charged. And it seemeth that the Sheriff aught to hold his turn in every hundred within the county. What things be enquireable in the sheriffs turn. FIrst they shall inquire if there be any misdoer in the hundred of whom any standeth in doubt of Life or limb, and what is his name. Also they shall inquire of all mortal enemies to the King, the Queen, their children and councillors, of counterfeiting the Kings seal or his money, of ma●stears and murderers, burners of others corn or house ● feloniously, of Burglours of robbers, of thieves, of outlaws, of those that have abjured the Realm and come again, of Sorcerers and witches, of miscreances, heretics, of traitors, and of poisoners, of ●utters of purses, of Usurers, of bittailers buying and felling wittyngly stolen flesh, of them that wittingly make white the Skins of Beast's stolen, of redubbours that witingly ●●ye stolen clotheses, & dress them into an other fashion, of treasure hid in the ground, hues and cries wrongfully or rightfully levied & not pursued, or waters stopped straightened or turned, of bounds pulled up or wrongfully changed, of Walls, houses, Gates, marvel pits Ditches, or other disturbaunces made or le●●d upon any common way to the annoyance: or petty bribours that shear sheep to have the wool, of such as take the boot, and of those that have made a prison of their own house or household, of pound breach, of trespassours in park & ponds, of takers of other men's doves, of the assize of bread and ale broken, of them that buy and cell by measure against the assize, of chance medleys, of contectours, of bloodshed, watches unkept, of the kings high ways not enlarged, of those that have kept appeachers in any other prison than the kings or any other fellow above a day and a night, of new liberties, customs or jurisdictions usurped since the last turn, on water or on land, of weffes or wrecks of the sea, found and kent away, of bridges and causies' broken, and who aught to repair them and of thos● that claim franchises, or judgements real, and of all those of the age of twel● years ●one out of the hundred which ●e not come into their turn (except Clerks, Knights, their Children and wives which be not in do sins) of vagabonds by the country which are of no man's retinue, of whom there is an evil suspicion of lewd demeanour. And when the towns have given their verdict to the first jurors, then immediately shall the first jurors go and give up their presentment, such as they will abide by. And the presentment of felons they shall show privily. and the other openly. Breton. lib. ●. fol. 38. Now must ye inquire further if Bailiffs of liberties and franchises, have duly done their office, which rests in three points, which is, that they truly execute the precepts which be directed unto them according to the tenors of the same; and that they make due answer and return to the Sheriff of the same precepts; and that he take nothing for doing his office but only the fees to him due, and appointed by the course of the law. And what fees they shall take, and what thing they aught to do by reason of their office shall appear more plainly here following. The office of Bailiffs of liberties. Upon a precept made by the Sheriff to a Bailiff of liberty upon a writ of distress directed to the Sheriff to distrain the defendant, or the jurors in any inquest the Bailiff must return good and sufficient issues upon the defendant, or upon the jurous if they have sufficient goods or lands within his Bayliweeke, and if h●e do not, the plaintiff in the action shall have an averment that he might have returned greater issues, if the defendant make defait or the jurors by the statute of ●. Ed. 3. ca 5. And the justicers of t●e peace must inquire if the Bailiffs have done their office in that point. Also they must inquire if Bailiffs of liberties which be keepers of any jail enforce any of their prisoners to be appealers to the intent to have a fine of the parties appealed for daubt of imprisonment, ●. Ed. 4. cap seven. Bailiffs of liberties which take indictments in their turns, or other where aught to take them by Indenture, whereof the one part shall remain with the I●ditours, and the other with the Bailiff. 2. Edelbert wardi 3. Cap. 17. Non● shallbe made Bailiff of liberties cxcept he have sufficient lands in the place where he is minister, to make answer to the king and his people, 4. Ed. 3. cap. 9 Bailiffs of liberties which be joilours and have the keeping of prisons ought to receive and safely keep all the eves delivered to them by the Constables of the towns being indicted, taken with the manner or appealed of felony without taking aught. 4. Ed. 3. cap. 19 Bailiffs of liberties must receive such people as be arrested in their fraunthise by the Constables, 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 justices of jail delivery, & in the mean time the bailiffs must inquire of them. 5. E 3 cap. 14. Bailiffs of liberties, Constables & other officers of towns where loiterers and bagabonds resort, have power to examine them diligently, & compel them to found surety by sufficient mainpernors being distreinable of their good behaviour. And if any default be founden in the same loiterers and bagabonds, and cannot find surety, they shallbe sent to the next jail, there to remain until the coming of the justicers of jail delivery, which may do with them, as they shall think best by the course of the law. 7. R. 2. cap. 5. No servant or labourer at the end of his term shall departed out of the hundred or Rape where he is dwelling to devil any other where, unless he bring a letter patent containing the cause of his going under the kings sea●e thereto assigned. And if any servant labourer be found vagrant without such letter, he shallbe taken forth by the Sheriffs, Majors, bailiffs, or other officers: and put in stoekes till he find surety of return to the town to serve, from whence he came, until he have such a letter to departed for cause reasonable. 12 R. 2. ca 3. bailiffs of liberties have power to arrest servants & labourers that wear dagger's sword & knyfes: and them to seize and keep until the sessions of the peace and the weapons to present to the justices there with the names of them that bore them, and the weapons shallbe forfeit, except they be travailing in the country with their master, or their lands or business. 12. R. 2. cap. 6. sheriffs & Bailiffs o● liberties in their liberties are bond to receive servants and labourers begging and vagrant, and them to detain in Prison without bail, without taking any fee or other thing of them at their entering or departing by themselves or by their deputies upon pain of a C.s. to the king twelve. R. two. cap. 9 Bailiffs of liberties to whom the keeping of the assize of bread and ale, and the correction of the same belongeth, shall take no amerciament nor fine for no default touching the said assize for which the offender aught by the law to have corporal penance, but they shall judge them to the same penance. And Bailiffs of liberties and all other that have the keeping and oversight of victuals shall put in due execution the statute made in the 23. year of Et the .3. which beginneth, quia maior pars populi. etc. 13. R. 2. cap 8. Butchers, Fishers, Hostelers, Brewer's, Bakers, poulters, and all other sellers of victuals, are bound to cell such manner of Uittailes at a reasonable price having regard to the price whereat such victuals are sold in other places near so that they may have a competent gain and not excessive according as by the distance of the places from whence the victuals are carted they shall think reasonably to be required. And if any cell victuals in any other manner and 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 therefore. And majors and Bailiffs of towns etc. have power to inquire of all such as offend against this ordinance in any point, and in case that the same Majors, and Bailiffs be negligent in doing execution of the premises and thereupon be convicted by the justicers assigned by us, they shallbe compelled 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 shall be grievously punished against us. 24. Ed. 3. capi 6. No Steward, Bailiff, nor other minister of Lords of franchise which have return of writs shallbe attorney to any person in any matter within the same franchise or bailiwick where he is officer at any manner time 4. H. 4. cap nineteeen. If any heinous roiot ●e made, the justicers of the peace, & the Sheriff or under-shyriffe aught to do their office according to the statute made. 13. H. 4. And if they do not, at the suit of the party grieved ● commission shall go forth to inquire thereof and of the default of the justicers & the Sheriff, and the Coroner shall serve the process and he must return people that have Land to the yearly value of x. li. and shall return also. xx.s. in Issues at the first day and. xl.ss. at the second, and at the third a HUNDRED shillings, and so double it at every day after. And if default be in the Coroner in returning the Issues or of people of such land be shall lose xl pound. And if the old Shiriff be discharged, the new shiriff shall serve the process, and not the Coroner upon pain of xl. 〈◊〉. if the default he found in him, touching the return of other people by him empaneled which have 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 bond for to impaneli sufficient people, as above is said upon pain to lief. xl●l. in case that such people may be found within his bailiwick. 2. Hen. 5. Capitulo. 8. Bailiffs of franchises aught to make their returns and answers unto the sheriff upon his precept made unto them in a special wryt of assize .6. days before the day of the sessions upon pain to forfeit. xl.li. for every time that they shall do the contrary vi Hen. 6. cap. 2. Where a Precept is made to the sheriff by justicers of the peace, to return a panel to inquire of forcible entre, and he sendeth his precept to the bailiff of the liberty to return the panel because y● ry●● was done within the Liberty, now is the bailiff bound to make due return and execution of the Precepts to him directed upon pain of. xx.l●. for every default. And the statute will that the sheriff shall return xx s. in issues upon every juror at the first day, & that every juror which shall pass in the inquiry shall spend xl ●. yearly where by it seemeth that bailiffs of liberties are bound to do likewise, if so many of the said jurors be within his liberty for else he is not. 8. Hen. 6. cap. 9 Bailiffs of liberties in attayntes upon plea of land of the yearly value of. xi.ss. or more nor in attaynts for deeds concerning lands of like value, nor in attayntes upon personal actions wherein the recovery extendeth unto. xl.l●. or more shall not return, or impanell any person in such inquests but those that be dwelling within his Baylywicke, and that have Estate to their own use in lands or tenements for term of Life to the yearly value of xx. l●. or more, within his Bailywick out of ancient deme●ne, & the five ports. And at the first day of the distress returned shall return no less issue in such actions of attained then. xl.ss. and the second distress. C.s. and the double of every other distress upon the people so empaneled and returned And if he do the contrary he shall pay. x.li. to the King and as much to the party. 15 Henri●l. 6. capitulo quinto. Bailiffs and other the Kings officers may arrest those Soldiers that come from the Sea, & show not letters Testimonialls from their captains that they have licensed them. And they shall keep the● until they have enquired whether that they had licence, or not, and if they have no such Licence then shall they be punished as ●e●ons. 28. H. 6. capi. 19 No Bailiff of a liberty upon any precept to him directed to return the panel of any inquest shall in the same return any bailiffs, officers or servants to any Officer above said, nor shall take any thing by themselves, or by other, of any person by them arrested or attached to their own use or avail nor it 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 person, mainprize, letting to bail, of showing of any case or favour to any person so being arrested for their reward or profit, but as is here limited, that is to wit, for the Sheriff. xx.d. the Bailiff that maketh the arrest. iiii.d. & to the jailor if the prisoner be committed to him iiij. d. And no Bailiff 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, & for the copy of a panel, but. 4.d. And bailiffs of liberties shall let out of prison all prisoners by them arrested, or being in their keeping by force of any bill, written, or warrant in any action personal, or by force of any indictment of trespass, upon reasonable surety having sufficient within the bailiwick where they be let to bail, to keep their days in the same places as the same bill, written, or warrant shall require, those only excepted, which be in ward upon condemnation or be excommunicate or outlawed or arrested, upon surety of the peace, and vagarantes that refuse to serve. And that the said Bailiffs shall not take any Obligation of any person nor by any person being in their Ward by course of the Law, for any the causes above rehearsed but in the name of their Office, and upon, the condition that the same People shall appear at the days contained in the said writs Bills, or Warrauntes and in such places as they require. And if any Bailiff take any Obligation in any other form, by colour of his Office it shall be void, and that he shall take no more for the making of any such Obligation, Uuarraunt or precept by them to be made but iiii d. And if they do contrary to this ordinance in any point for so doing they shall tender to the party grieved his damages triple, and shall forfeit for every time that they doth contrary. xl.li. the one half whereof shall be to him that will sue in any of the king's courts therefore. etc. xxiii. H. vi. cap x. Bailiffs of liberties aught not to seal the goods of any person arrested or imprisoned for felony before that they shall be convice or attainted of the same Felony according to the law or else that the same goods be otherwise forfeited, upon pain to forfeit the double value of the goods so taken unto the parties endamaged suing therefore by action of debt, wherein no wager of Law, essoin, nor protection shall in any wise be allowed to the defendant i Richardi two. capitulo iii Bailiffs of Liberties that be jailer's & have the keeping of jails shall certify the names of every prisoner in his jail that is there for felony at the next general jail delivery in every County or franchise where such jail is to be kalendred before the justicers of the same jail delivery, upon pain to forfeit for every default there recorded. u.l.iii. Hen viii. cap. iii All Bailiffs and other head officers and every of them finding or knowing any person using or exercising any unlawful games contrary to the statutes have power to commit every such offender to ward and there to remain in prison, without bail or mainprize, till such time as he be bond by obligation in such sum as by discretion of him that taketh the bond seemeth reasonable to the kings use that he shall play no more. An. vi. H viii. cap. two. All statutes made against Siriffes, under sheriffs, Bailiffs or other Ministers for making & returning of panels or juries or for due execution of serving of Writs or other process, or for taking of fees or for the reformation of extortions, or for any other thing concerning their office and all pains contained in every such Statute shall be extended to all stewards, bailiffs & other ministers and officers of Liberties and franchises having return of writs and execution thereof in like manner as they extend to sheriffs, their undersheriffs, bailiffs, or other ministers, saving that the bailiffs and officers of liberties may ocupy their offices for as long time as they shallbe given unto them An. xxvii. Henrici octavi capitulo xxiii ¶ The office of Escheators. YOU shall inquire of Escheators, if they have duly executed their Office and if they have taken any more for doing thereof then they aught or if they have committed & done any extortion or oppression unto that king's people by colour of their office. And therefore ye shall understand that no Escheator ought to meddle or inquire for the King, but in case where the King of right aught to be entitled and have the Land or thing that is found for him by the inquest, for if one hold of the King as of his Duchy of Lancaster by knight's service and dye, his heir being within age, the King to have the ward of the heir and the Landlord And yet in case that if the Escheator find it by Office he shall have nothing for the finding thereof, because the Tenant held not of the King in chief as of his Crown. And therefore the King may enter and seize the Land and the Heir without office and may grant it. In like manner if the escheator find by Office that one died seized and held of other Lords and not of the King by knights service and that he is dead and his heir within age, the Escheator shall demand nothing of right for finding of such an Office. And so if he find an office that one died seized of such a manner in fee and held of the King as of such an honour or Castle by knight's service, and his Heir within age yet ought not the Escheatour to have any fee or duty for the finding of that office, and if ●e take any thing therefore it is extortion which is well proved by the writ of diem clausit extremum the words whereof be these. Quia Georgius Per. qui de nobis tenuit in capite die quo obijt diem clausit extremum ut accepimus, ideo tibi precepimus. &. Whereby it appeareth if one hold not of the King in chief, the Escheator aught not to have the fee of xl.s. for finding of the Office. And if he take it in that behalf it is extortion. And in assize if the defendant say that the Lands are seized into the King's hands by the Escheator, and the Escheator being there present and examined by the justicers thereupon doth confess that he hath seized the Lands into the kings hands where indeed he hath not so done: in this case the escheator doth wrong to the plaintiff which may have an action upon his case against the Escheator for his faished, and for that delay that he hath sustained through that confession by suing to the King for a Procedendo. None shallbe subescheator unless he have sufficient la●d 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 tertij. cap ix. Anno. five tiusoem. cap. iiii. The Escheators shall be choose every year as the sheriffs shall be & by the same people that chose the sheriffs. And that no Escheator shall abide in his office above one year. An. xiii. Edwardi tertij capitulo vii The Escheators shall not do waste in bishoprics and other places during the vacation of them, neither shall cell under woods, nor chase in park or warraunts nor fish in Ponds, or free fishing, nor may take no fines of any tenements free nor bond, but shall 'cause them to be kept and saved without doing damage or any manner of oppression. An. xxiiii. E. iii cap. iiii. So by this statute it appeareth that it appertaineth to the office of an Escheator to seize the temporalities of archbishoprics, bishoprics, and Abayes of the king's foundation, during the vacation of the same, and take the profits and to account for them to the King in the exchequer how be it there is an other statute made in the same year in the effect whereof is, that if the Dean and Chap. Prior or supprior will take temporalities to Fearme, paying the value according to the remembrances in the exchequer, that they shall have them before any other. And by an other statute made the same year, cap. quinto, the chancellor, Treasurer of the exchequer, taking to them such other of the counsel as they shall think good, shall lease the vacations of archbishoprics, bishoprics, Abbeys priories and other Houses of religion the avoidance whereof belong to the king the Dean and Chap. Prior or Supprior, Prioress or Supprioresse, Covent at a certain rent to pay by the year, quarter or month during the vacations, as they shall think best, without making fine. And neither the Escheator nor any other officer shall seek cause or matter to enter or to meddle, or do any thing in a prejudice of the Church. Saving to the King and his heirs, knights fees, advowsons, escheats, wards, Marriages, reliefs and services to the said fees belonging, In witness whereof the king caused his letters Patentes to be made, thereof dated at West. the viii. day of Apryll. The year above mentioned whereby it appeareth that the authority aforesaid to make Leases was given to the chancellor & the Treasurer by the king's letters patents. etc. Anno xiiii E. iii cap. vi. The escheators & other the king's ministers must make account in the exchequer after this manner that is of Lands and tenements whereof profit ariseth from time to time, throughout the year as of miles, Harbages to●pleas, profits of cources, or such other issues and profits, they shall be bound to answer the king for the rate & value of the time according to the old course of the exchequer. And touching ancient fearmes and rents that are to be paid at certain terms as rend seek, and rend service, whereof no profit ariseth until the day of payment, such rents and fearmes shall be paid unto them that have livery thereof out of the King's hand at the terms of payment of the said fearmes and rents next following such livery made, as well for the times passed as the time to come xxviii Ed. iii cap. iiii. The King and his Progenitors have been seized at forfaitours of Wars, time out of mind that is aswell of Lands and possessions as of goods and cattles. And by colour thereof the Escheators by their office have seized many lands and tenements, as forfeits to the King surmising treason in some people being dead at the time of the seaser, which never were attainted in their lives, the King hath ordained touching such forfeitures that fallen in the time of his Grandfather and before that so soon as an inquest thereof shall be returned into the Chancery by any Escheator or other that hath power to inquire thereof the Tenant shall not he put out of possession but shall be warned by a Scire facias, to appear at a certain day for to answer unto the same if he will, & if no such forfeiture be sound the kings hand shall be closed so that in all other cases of forfeitures of treason by people deceased nor 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 have been judged in time passed afore the death of certain people by presentment in Eire in the King's Bench, as of felons of the king & other. And therefore it seemeth that if one move war against the King in his realm and is slain in the same: then the Escheator may seize the lands & tenements as forfaitour of War without any other inquiry to be made thereof. Every Escheatour must take his inquestes of office of good and lawful men, sufficient of inheritance and of good fame & of the same county where the inquiry shall be made. And the inquestes shallbe indented between the escheators and the jurors, & if it be otherwise done: they shall be void, and they shall be taken in good towns openly Traverse may be taken to the escheators office, whereby any alienation or dying seized or that the heir is within age, and the land held of the King in chief is found. Lands seized into the kings Hands by reason of ward shall be kept without waste. And the escheators shall have no fee of venison, fish, nor other thing, but shall answer the King of the issues and yearly profits arising of the said lands without waist. And if he do otherwise, then to make fine at the Kings will, and to pay triple damages at the suit of the heir, as well within age, as of full age. And if he be within age his Friends shall have the suit for him, answering to the heir of that, that shall be so recovered of him. Concerning other lands seized into the Kings hands by inquest of office by the escheators this foresaid ordinance, and punishment shall hold place against the escheator. And if any make claim to lands so being seized: the Escheator shall return an in inquest into the Chancery with in one month after such seaser, so that a written he delivered to him to certify the cause of the seaser, and there shall the party be hard to traverse the Office, or otherwise to show his right, And the Chancellor upon his own discretion (if he see cause may seize the Lands to the Tenant paying to the king the value, if it belong to the king so that he finds surety, that he shall do no waist until it be adjudged. And the Escheators shall take their inquestes in good towns, and by honest Men openly by Indenture to be made between the Escheator and them of the inquest. And if he do contrary to this ordinance: then to have two years imprisonment, and further to make fine at the kings pleasure. Anno. xxxvi. Ed. iii cap. xxii. None shall be Escheator if he have not xx. li. Land at the lest or more in fee and that they execute their office in proper person. And if he be otherwise then to be put out, whereby it appeareth that the Subescheator can not inquire nor find office. An. xli. Edwardi three capitulo u Escheators nor Commissioners, shall not take inquest, but by those that be impanelled and returned to the sheriff, and if they do other wise and be convict by examination or otherwise at the suit of the party or of the King or any other person that will sue, they shall incurreth pain of. xl.li. the moitye to him at whose suit they shall be counict. And that no lands seized into the king's hands shall be let to fearme by the Chancellor, until the inquest and vervits 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 the inquestes and will offer to traverse them, and show good evidence and and find sufficient surety to sue his traverse with effect, and to pay to the king the yearly value of the lands● If it happen to be discussed for the king. And if any Letters patentes of any lands or tenements to the contrary be made to any other person then to him that offereth to traverse, or he let to fearme with in a month next to the said month of return: they shall be void and held for none, A viii. H. vi. cap. nineteeen. Escheators, and Commissioners, shall return the inquestes taken before them into the chancery or in the exchequer with in one month next after the taking of the same upon pain of xx. l. the one moitye to the King, the other to him that will sue, An. viii. Hen. vi. cap nineteeen. And if any Escheator take any office before him and do not return the same into the Chancery or the exchequer within the month next after the taking thereof he shall incur the pain of forty pound forfeit by the statute made. Anno. viii. Heurici vi and further shall be 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 Fearmes, for the due execution of the said Statute. Nevertheless it appeareth that the same statute giveth but xx. pound of forfeit against the Escheator or commissioner. Therefore search for the true record of both the statutes. An xviii. Hen. vi. capitulo vii Escheators must take their inquest of office by virtue of the writs of diem clausit extremum, and other Writes within one month after the receit of the same. And that such inquestes 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 the execution of such writs in one county above the sum of vis. viii. d. or xiii. ●. iiii. d. or under, with his labour and his costs so that the same that he hath taken altogether exceed not above xi. s. for the execution of any such wryt, in one county. And if he do contrary to the premises them to forfeit the sum of. xl.l. the moiety to him that will sue for the king and himself. An. xxiii. Hen. vi. cap. xvii. None shall be Escheators if he have not Lands or Tenements to the value of .xx Pound within the county, for term of Life nor in the county where he is Escheator. Nor no Escheator shall let his office to fearme nor make deputy other than he will at his peril answer for, whose name he must certify by his Letters patentes to the Treasurer and Barons of the exchequer for the time being within twenty days after such deputation made, And that no such deputy take upon him to occupy in the said office unless the Escheator have Lands tenements or Rents to the yearly value of xx.l. as before is said. And if any Person do contrary to the premises or any of them then to forfeit for every default. xl.li. the one moitye to him that will sue and the other to the use of the kings house by action of debt, where no wager of law essoin or protection shall lie .22. E. 4: cap ix. No Sheriff, Escheator nor other person shall seize or take the goods of any person arrested or imprisoned, for felony before the same person so arrested or imprisoned, be convict or attainted of the same felony, according to the law of England, or that the same goods shall be otherwise forfeited upon pain to forfeit the double value of the goods taken to the party damaged, suing therefore by action of debt, where no wager of law, essoin nor protection shall lie. An. 1. R. cap. 3 If any Escheator or commissioner put in to any of the kings courts any inquisition or office concerning lands or tenements, or other hereditaments not found nor presented by the oaths of 12. men, and indented & by them sealed, then to forfeit for every such offence returned and put unto any of the kings courts on. C.ii to the party grieved A. iii Hen seven. cap. two. No Escheator nor other Commissioner shall sit by virtue of any commission to inquire of lands or tenements except he have lands or tenements or hereditaments to the yearly value of forty marks, over all charges upon pain of xx. pound. The Escheators, and Commissioners shall be discharged by their oaths that they may not dispend xl. Mark over all Charges and that upon process made against them out of the exchequer. The Escheators, and Commissioners shall sit in open places & shall suffer every person to give evidence openly in their presence to the inquest taken before them upon pain of. xx.l. The jary shall receive the Counterpayne of the Indenture that shallbe presented, indentend and sealed by the Escheator, Commissioners and to rest in the possession of the first man that was sworn in the same jury upon pain of every person that shall be sworn twenty shillings. And every Escheator and Commissioner after the jury is sworn, and ready to give their verdict, and offer to present the same that the same Escheators or Commissioners or part of them shall receive the same verdict without further delay upon pain of a C li. & deliver the counterpane of the same Indenture to the jury in form before said upon the same pain. And if the Clerk of the petty Bag, or his deputy will not receive such Offices, and put it into the Files to remain of record within three days after it be received or offered to be received, he to forfeit for every such default. xl.l●. And the commissiner & Escheator to be discharged of the penalty of. xl.li. limited by the Statute for none returning of the same offices, or inquisition within one month. The like law & penalty to be against the officers in the king's Exchequer which aught to receive such inquisition, for refusing so to receive them. And the Commissioners, and Escheators to be discharged of the penalty for not returning of the same inquisition, so made by the said Escheators, or Commissioners at any time after the month of such office, before them found or before any of them within an other month than next ensuing, returned the said office into the Chancery, or Exchequer, as the case shall require. And the clerk of the Petty bag to certify the transcript of every such office taken before any commissioner, or Escheator, into the Exchequer the next term following the receipt thereof, upon pain of ●. C.s. for every default. And no man be compelled to occupy the office of Escheator by any patent over one whole year, & he that is once Escheator shall not be Escheator again within three years next after that said whole year ended. If any Escheator exercise his office by reason of any Patent over the time of one whole year ended, or be made Escheator within three years after: then after the said whole year ended his patent so made to be void & the party grieved shall have his recovery of every of the said forfaytoures of one. C.li by action of debt, where no wager of law, essoin nor protection be allowed. There he divers provisions made for divers Escheators in Cities, & Boroughs and in divers counties. And if the Lands, or tenements of any man be seized in the kings hand by virtue of any office found before the Escheator or Commissioner, or by reason of any other record found in the Chancery or the exchequer, & be that is so put out of his lands by reason of such record or office so found come and traverse that Record, or Office and it is found for him whereupon he hath his judgement, that the kings hands be closed & amoved: now if so be that there be an other record, or office found remaining amongst the kings records, which is not traversed nor tried, yet shall not the Escheator seize the lands again into the king's hands by the reason of the record b●ing found not traversed. And if he do; then both he wrong and extortion, and the party that is put out shall have assize against him, and shall recover double damages against him. But in this case the king must sue a Scire facias against him that hath the lands out of his hands upon this other record or office, that was not traversed before. This is given by the Statute of Lincoln, calls the statute of Escheators. Anno 20. Edwardi .2. And if the Escheator by colour of his office without warrant, or authority of the law that belongeth to his office, disease any man of his Lands or tenements, the party that is deceased shall have an assize of Novel disseison, and shall recover double damages against the Escheator, Westmin. 1. capi. 26. The Escheator hath no power to amearce any man that appeareth before him, and misdemeaneth himself, or if the jurors that ●ee commoned appear before do make default, he shall record such things in his Role, and shall not amearce the jurors, but he shall send the same record to the justicers in Eire, or to the justicers of assize when they come into the country. It shallbe lawful to the Sheriff, justicer of peace, & Escheators to seize to the kings use all such Goods, and Cattles that such people as come within this Realm, that be called Egyptians have, and thereof to make account to the king in his Exchequer, and to retain and keep the moiety thereof to his own use, and account for that residue, and to pay no fees for the account nor for his discharge thereof. The office of Constables. FOr as much as the office of a Constable was an office at the common Law of long continuance, & was first ordained for the conservation of the kings peace to be had and kept in every town among the king's Subjects there dwelling, somewhat shall be spoken. And how far forth their power doth extend, and what penalties are provided against them, for not executing their Offices. Who were conservators of the peace at the common law. IT is now seen for the conservation of the peace, what people by the common law had authority therein, before the making of the Statutes whereby the justicers of the peace are ordained. And it seemeth that by the common law divers people were conservators of the peace, for at the common law there was one person which is called thief justice of England, to whom the king committed his authority in the ministration of justice for things touching his crown, & for the conservation of his peace among his subjects through out all his realm, And that is proved by the writ which the K. sendeth to him, that he should hold his place in the ministration of justice to his subjects in the form above said, throughout all his realm, whereby it doth appear that the same chief justice is high conservator of the peace throughout all the counties of England, and in every part of the Realm where he goeth. Also there be other people conservators of the peace throughout the Realm, as the steward of England, the Marshal, and the Constable of England. Also the Constable of every town were and be keepers of the peace by the common law: likewise the high Constables of hundreds, wapentakes, lathes, or tithings were and be conservators of the peace by the common law within the towns or hundreds, and within their limits. And before the making of the Statutes whereby justicers of the peace are ordained, the king by his commission made conservators of the peace in those counties & places (where him thought best) to keep his peace, and the authority which conservators of the peace, had by the common law, is the same authority that a Constable of a town or wapentake hath at this day, which I shall partly touch. If one make assault upon the Constable, the Constable may defend him and may take him, and commit him to the jail, until he have found surety to keep the peace, though that the assault were made upon himself. As it appeareth Micha. u Henrici. seven. in the title Bar. Much more than if a Constable see one making assult upon a strange person, he may take him and commit him to prison, or to the jail, until he have found surety to keep the peace. And if one man threat another whereupon he that is threatened cometh to the Constable, and showeth his matter, & prayeth him to compel him that so threatened him to found surety: in this case the Constable and the party that is threatened may go and compel him that so did make such threatening to find surety to keep the peace, and if he will not: they may commit him toward until he have found such surety as you may see Mich. 44. Edwardi 3. in the title of Bar. And if one be strike in peril of death, it is the office of the Constable of the Town to arrest the offender, and to keep him in prison until it be known whether the party so strike shall live or dye until that he have found surety to appear before the justicers of jail delivery, or at such time as he shallbe called upon to appear before the justicers at their discretion. And if one flee for felony it is the office of the Constable of the town to seize his goods and to keep them, and if they hap to be impaired in his keeping, he shall answer for them to the King 2. E 3. in the Shire of Northampton, but by the statute ma●e. 1. R 3 capit. 3. that is changed. And if felons or murderers he in the town, & the Constable have knowledge thereof, it is his office and duty to assemble people for to take them And if one take a fellow in the Town & bring him to the Constable to be conveyed to the jail, the Constable's office is to carry him thither, and to 'cause other of the town to aid and assist him in so doing. And note that the constables were ordained for two intentes, that is to wit, to keep the peace, and also to repress felons, to take surety by obligation of such people as they shall find making of frays. It apperatyneth to the office of the chief Constable of England to have co●●sance of deeds of arms any contracts touching deeds of arms & of war out of the realm and in like manner of things touching arms within the realm; which cannot be determined by the common law, as it appeareth clearly by the Statute made the 13. year of Ri. 2. cap. 2. Also it appeareth by the Statute made. anno primo. H. 4. cap. 13. that all appeals to to be made of things done out of the realm of England shallbe 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 shallbe detained before the Constable & Marshal; how be it the justicers must see the battle done because that they be properly judges thereof, & not the Constable nor the Marshal. And the Constables have many other authorities as well by the common law, as by statutes made, the which you may see there Anno 7. Ed. 4. It is said the gardiner's of the peace at the common law may inquire of congregations, & unlawful assemblies, and of disseyson with force, but not of entry with force. But now by the statute if any entre with force, or do disseason with force, or entre peaceably, and kept passession with force; the justices of peace 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 arrest men y● go or ride armed in fairs, or markets, by day or by night and take their armour as forfeit to the king, imprison them at the King's pleasure. An. 2. Ed. 3. at Northampton. The kings purveyors aught to make their purveyance for the kings house, by the Constable, and 4 honest men of the towns, where such purveyance shall be made without threatening. And in presence of the Constable, tails shall be made & sealed with the seals of the takers, between the said takers & the parties of whom the goods be taken, And if any taker make his prize otherwise: it shallbe done with him as with a thief. An. 12 Ed. ● cap. ●, Constables of towns must arrest such as pass by night, of whom suspicion is had, and deliver them to the Sheriff, there to remain in ward until they be duly delivered. Also they must arrest such as be called robberdes' men. wasters, and draw latches (if suspicion he had of any such) be it by night or day, & deliver them to the Sheriff until the coming of the justicers of jail delivery. 5 E. 3. cap. 13. It is ordained that none shall take for threshing a quarter of wheat or corn above 2.d. ob. & for a quarter of Barley, beans, Peas & O●es. 1, d. ob. if so much have been used to be given, and in the country where they use to reap by the sheaf, and thrash by the bushel, they shall take no more or otherwise. And that such labourers and other servants shall make an oath two times in the year before Lords, Stewards, Bailiffs and Constables of every town, to do & keep this ordinance, & that none of them shall go out of the town where they dwelled in winter for to serve in summer (if he can have service in the same Town) saving to the folk of the counties of Stafford, 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 the thing that they have sworn & taken upon them shallbe put in the stocks, by the said Stewards, Bailiffs, Constables of towns by the space of three days, or more, and shallbe sent after to the next jail, & there to remain until they will be ordered, and that there be Stocks in every town for the same intent. And the Stewards, bailiffs, & Constables shall make oath before the justicers assigned to inquire diligently of all them that offend against this ordinance & to certify their names before the same justices when they shall come into the country, to keep their sessions, upon which certificate made, the same justices shall 'cause them to be attached by their bodies to appear before the same justices to answer unto such contempts; so that if they be attainted: they shall make fine and ransom and further to be commanded to prison until they have found surety to serve in manner above said. And the justices at every time that they shall come into the country shall inquire of Stewards, Bailiffs and Constables, whether they have made good and lawful certificate, or have concealed aught for any gift, procurement, or affinity, & shall punish them by fine and ransom if they be found guilty. 25. Ed. 3. Capit. 2. and 8. Constables of towns whereas faitors or vagabonds resort, have power to examine them diligently, & compel them to find surety of their good behaviour, by sufficient may●pernours dist●einable in case that any default be found in such feytures and vagabonds. And if they can find no such surety: then to be sent unto the next jail, there to remain unto the coming of the justices of jails delivery, which have authority to do with such faytors and vagabonds as they shall think best to be done by the law. Anno 1. Ri. 2. cap. 5. Constables of towns may arrest any Servant labourer coming to the Town from any place vagrant, unless he have a letter containing the cause of his going & the time of his return, under the kings seal that thereto shallbe assigned & delivered to the custody of some honest man of the hundred, Wapentake, City, or borough, according to the discretion of the justices of peace. And the Constable's may put him in stocks, & keep him until he have found surety to return to his service, or to serve in the town from whence he came until he have a letter to depart upon cause reasonable. An. 12. Ri. secundi. cap. 3. Constables have power to arrest Sernaunts, & labourers that bear about them Hanger, Dagger, or knife, and to seize the said weapons as forfeit & them to keep until the sessions of the justices of peace before whom they shall present such weapons with the names of them that bore them, except that they travel in the country in their master's message 14. Ri. 2. cap. 6. Shiriffs and other the kings ministers may take the power of the country to repress assemblies and riots in outragions number, & to commit them to prison. An. 17. Ri. 2. cap. 8. It seemeth by these words (the kings ministers) that Constables of towns, have power to do so by this act aswell as the sheriffs. Constable's may at rest servants labourers, and imprison them by the space of six days, which use not Bows, and arrows upon Sundays & such other festival days, which will not leave utterly all playing at the Ba●● aswell with hand as with Foot, and other games called coits, dice, casting of the stones, keels, & all other like importunate games xi Hen. 4. cap. 4. Constables and all the king's liege people that are able to travail within the county must be assisting, & aydoing to the justicers of peace, and the Sheriff to repress great riots, and unlawful assembles upon pain of imprisonment, and to make fine & ransom. Anno secundo. Hen. 5. cap 8. Constable's shall be made in every part of the marches of Wales & market towns to inquire, search and arrest such people that carry victual, or armour to any part of Wales, without the kings licence which Constables shall have the 6. part of the forfeit for their travail .4. H. 4. cap. 16. Constables of port towns (where soldiers that have been retained in Wages to serve in war beyond Sea or upon the Sea, & departed from their Captains, and turn back & arrive in any port of Englend without licence of their Captain under his seal, may arrest such soldiers & keep them until inquiry be made of them: and if it may be proved by inquiry before justicers of the peace, and proves that they have mustered of record, & departed from their captain (as before is said) without licence: then they to be punished as felons. Anno. 18 Hen. 6. cap. 19 The Constables, tithingmen, & chief pledges of every town, must assist & aid the owners & sellers of any goods (where the king's purueiou●s will make their purveyance, or bargain of any goods to the value of. x●.s. or under) of any person and will not pay priest payment in hand: in which case it shall be lawful for every one of the King's lieges: to retain them, and to resist such purveyors and not to suffer them to make any such purveyance. And if the Constable, tithingman, or chief pledge be required to aid and assist any Man in making such resistance, and he refuse it, be shall pay to the party grieved the value of the thing so taken, by action of debt, with the damages to the double. An. 20. Hen. 6. capitulo. 14. Constable's may arrest purveyors or buyers for any Lord or other person (except purveyors for the King & Queen) which take any victual or carriage against the will of the owners, & to commit them to the next prison of the kings there to remain without bail or mainprize until they have delivered all the said victayles or carriages, and other things so taken. And if 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, wherein the defendant shall not wage his law. An. 23. Hen. 6. cap. 13. Clothier's shall pay to carders, spinners and other Labourers lawful Money for their wages, & carders, fullers, and other labourers shall do the or duty upon pain of double damages. And the Constables of the hundred or Constable may hear and determine the complaints of e●ery such clothier, and labourer, as well for no payment of the said wages of labourers, as of the said forfeitures and damages by due examination of the parties in that behalf, and further for none payment of the said duties, forfeitures and damages, to commit the trespasser to the next jail in the same county, until the said duties, forfeitures, & damages, to commit the trespasso●res to the next jail in the same county, until the said duties forfeitures, and damages be duly paid ●ato the said labourers or clothiers. 4. Ed. 4. cap. 1. Every high Constable or petty Constable shall take or cause to be taken all va●abounds, idle people and suspect people living suspiciously & set them in the stocks and there to remain by one day, and one night, and to have none other sustenance but bread and water, and then to avoid the town where they were taken, into such place or hundred where they were born, or where they last dwelled by the space of three years. And if eftsoons they be taken in such default, than they to be set likewise in the stocks by three days and three nightees with like diet xix Hen. 7. cap. 12. Constables and other head officers, and every of them finding, or knowing any person using or exercising any unlawful games, as Tennis play, bowls, clash, and all other unlawful games prohibited by many Statutes, shall have full power to commit every such offender to ward there to remain without bail, or Maynepryse, till such time high or they so offending be bond by obligation to the Kings use, in such sum as by the discretion of the same officer shallbe thought reasonable that they from thence forth shall not use any unlawful games. 6. Hen. 8. cap. 2. For wages for water men and for their barges or boats, or for a Barge from London to graves end. iij.ss. or else every person and his male. ij.d. From London to Eryth, Gr●●nwhich, Grastorock, or Parfler. xij.d. or ●ls for every person, and his farthel. 1.d. so it pass not. vij.d. From London to Wulwich. xiij.d. for a boat or whery that is the tied boat, or else for every person. ob. From London to Greenwhich three d. or else, 〈◊〉. for every person and his farthel. From London bridge, Saint Mary Oueries, or Paul's wharf, to Westminster, iij d. or else every person. ob. From the Black Friars, Bridewell, & the Temple, to Westminster, or Lambeth. ij.d. with their males or else every person. ob. so that it amount to. ij.d. From Westminster to Lambeth or stayngate. ob. for a boat. From London to Mortlake. xij.d. or else every person. ij.d. with his male. And from those places about named, to London for a boat or barge like sums to be paid. 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 series upon complaint to them made or to any of them, by them that be grieved in that behalf, may arrest them, and commit them to ward for their misdemeanour & to make fine for the same vi H. viii. ca.vi●. By the statute made. An. xxii. Hen. viii. how impotent people shall be ordered to beg and have their living. It is ordained that if any impotent Person auctorysed to beg do beg in any other place then within the limits to him assigned: then the constables and all other the king's officers shall by their discretion punish all such People by imprisonment in the stocks by the space of two days and two. nights, giving them but only Bread and Water. And after that to 'cause every such person to be sword to return again without delay, to the hundredth, R●pe, City, Borough, Town parish or franchise wherein they be auctorysed to beg in. And if any impotent Person be vagrant, and go a begging & ha●e no such, letter under seal as is specified by this statute than the Constables and all other inhabitants within such Cownes or parish shall 'cause every such Beggar to be taken and brought to the next justicer of peace or high constable of the hundred. And thereupon the said justicers of peace or high constable shall, command the said Constables and inhabitants of the Town or Parish, which shall bring before him any such beggar that they shall s●ryp him naked from the middle upward, and 'cause him to be whipped within the Town or where he was taken or where the same justicers of peace or high Constable shall appoint. And if not: then 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 days and three nights, to have only Bread and Water and thereupon the said justicers or high Constable shall limit a place to the same Beggar to beg in. And to give him a Letter under seal in form before limytted & to swear him to repair thither immediately after his punishment executed. And all other People being whole & mighty in Body that do beg, the Constable of the hundred Rape, or Wapentaken wherein such People shall be taken, and ●he justicers of peace or high Constable before whom they shallbe brought by their discretion shall 'cause them to be brought to such places as they think convenient, and there to be whipped naked through the town or market, and then to be sworn to return to the place where he was born or where he last dwelled by the space of 3. years, and to have a letter under the seal witnessing that he hath been punished. Also all people that a biure to sanctuary within ●his realm shallbe conveyed thereunto by the Constables of every township that is from Town to Town till that he come unto that same sanctuary where unto he is abjured in like manner & form as people that had abjured this ●ealme should have been conveyed to the next port of the sea from that place where they be abjured unto the same poor by course of the common law before the making of this Statute 22 H. 8. cap. 13. Every farmer or owner of lands, tenement or hereditaments, whereof the yearly value or rent amounteth to five poundes● which manureth, the same shall pay to every person, which by his diligence and labour at his own costs taketh any old● Crows, Rooks or Choughs upon the same Lands Tenements, or hereditaments of the yearly value aforesaid ii pennies for every xli. old Crows, Rooks, or choughs and a penny for 〈◊〉, and a half penny for iii old Crows, Rooks, or choughs. And any Farmer or owner refuse to pay the said money according as is aforesaid, then upon a complaint and proof made thereof to any justicer of peace, or high Constable the same justicer, or byghe Constable shall 'cause the samemoney to be levied by distress of the goods and cattles of every such Farmer or occupier of the same lands and tenements. Anno xiiii Henrici. vii●. cap. x. Where it is ordained by a Statute made in the seven. year of Richard the Second. cap ix. that he which espieth and proveth defaults in any Clotheses, put to say contrary to the assize thereof, ordained touching Clotheses and contrary to the said statutes should have the third part of every such clot being defective for his Labour by the delivery of the sheriffs if they be present or else of the Lords of Fairs and Markets or of Steward's Bailiffs or Constables of towns, where such defective clotheses shallbe found by Indenture between them to be made the which shallbe delivered every year in the escheker at the feast of S. Michael by them that shall make such delivery, to the intent to charge the Annagours and toilours, by whom such manner of defaults aught to be searched and amended. An. 7. Ri. 2. cap. 9 If any person, ship, merchandise of Staple, be in place suspect adjoining to the Costs of the Water, and maketh no Indentures thereof between him & the mayor or Constable of the town, they shallbe forfeit, and the king shall have the moiety. And it is lawful for every person to search in these causes. An. ● 4. Hen. 6 cap. 5. It is ordained that a Horseman shall pay for passage at Dover 3. s. and a footman 6. d.. And the Constable of Dover to punish them that do contrary at the suit of the party that will complain and shall do him right in that behalf. Anno. 4. Ed. 3 cap. viii. The office of Coroners. FOr to declare plainly the office of a Coroner, it appeareth by the Statute of Magna carta in the xv. capi. that no Coroner aught to hold any pleas of the corone. But Breton declareth the office of a Coroner in form following. First that in every county Coroners shall be the principal conservators of the peace to bear record of all the pleas of the crown of abjurations, utlagaries, & such like, and the Coroners shall make an oath before the sheriffs in the full county, that they shall make their inquests, inrollementes, and all that to the coroners office apertaineth, lawfully or without asking allowance. And if any felony chance, or treasure be found or any Woman ra●yshed, or Prison broken, or any man wounded nigh unto death, the coroner so soon as he shall know thereof shall sand to the sheriffs and Bailiffs of the places where such adventure shall happen to cause to come before him, at a certain day at the place where such chance befallen, four of the next townships, and other if need be by whom he shall inquire the verity & shall compel the townships to swear upon the Saints to show the truth of those articles that he shall demand of them. Then shall the Coroner and the jurors view the body, the Wounds, and the strokes, and immedyately after such view had, the Body shall be buried, And if the Coroner find the body buried before the coming he shall record the same: nevertheless he shall not omit to dig up the Body and make it to be viewed openly of the Towns. And those jurors which have been summoned and come not to the inquiries of coroners shall be amerced at the coming of the justicers at the first assizes in those counties so that such defaults be entered in Coroners roll: so that the Coroner shall have no power to amerce no man for any default. And when the inquest is sworn, the Coroner must inquire if the person were slain by felony were done within a House or without, and all the circumstance. And after it shall be inquyred who were present at that deed and who be culpable of the said force, commandment, consent or receit of such felonies wittyngly. And if the Coroner have any suspection of the first inquest for concealment of the truth or if it be needful to inquire better by other, then shall he inquire divers times & all such as thereof shall hap to be indicted the sheriff shall take in all the haste if they may be found, and if not the Coroner shall inquire who they be and who hath withdrawn themselves for that occasion and the Sheriff shall forthwith 'cause their lands to be seized, & afterwards, all their goods, and 'cause them to be praised by lawful inquest and the goods with the prizes shallbe enrolled in the Coroners roll and shall be delivered to the township for to be answerable therefore unto the K. in case the party so indicted flee, & will not stand to right. And after they shall inquire if he that is indicted did ever find surety to keep the king's peace & the names of his may●pernours, which he shall enter into his roll. And if the plaintiff will sue appeal within the year and the day, then shall he find two sufficient pledges to the Sheriff of the county distreinable within the same to sue his appeal according to the law of the land. And then shall the Coroner cause the appeal to be entered, with the names of the pledges and after it shallbe commanded unto the sergeant of the county where such felony is done which as me seemeth, is the Sheriff or his bailiff errant that he hath the body at the next county. And if the Sergeant return at the second county that he cannot find them, then shall it be awarded that the principal being appealed of the deed shall be solemnly called to stand to right touching the same felony and so shallbe called from county to county until they come or be outlawed, and if the plaintiff make default at any county than shall the exigent pass until the coming of the justicers of the Kings bench or the justicers in Eire in the county. And if the principal be outlawed the exigents shall go forth immediately against accessaries. And when they shall be outlawed withdrawn or suspected● the Coroner shall inquire at whose finding such a fugitive hath been and according unto the verdict he shall inrolle it and then inquire of the Lands and goods of the fugitive. And if they appear before outlawry they shallbe repleviable, and if 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 sureties. And that no juror be removed 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 if it be found that any is dead by misadventure then shall it be enquired what misadventure as if it be found that he fallen from a Mill, it shallbe enquired what things were then moving there, and how much they be worth, and so if he fallen out of a cart, & if one fall out of a ship nothing shallbe judged the cause of his death but the ship and the things that move therein, & not the merchandise lying therein. And the Coroners aught to receive the confession of felons made by proovers in in presence of the sheriff who shall be his controller in all his office, and such confession he shall 'cause to be enrolled; and when any person fleeth to a Church so soon as the Coroner shall have knowledge thereof he shall sand to the Bailiff of the place, that he shall 'cause to come before him by a certain day the neighbours, & four of the next townships adjoining to the Church, and in their presence shall receive the confession of the ●elon. And if the fugitive pray to abjure the realm: the Coroner shall do that the which to his office belongeth. Also he shall inquire of rape and all the circumstance, the appeals, whereof with all other Appeals of robbery, felony and such like he shall 'cause to be entered in his roll. And they shall inquire of treasure foundē● of wrecks of the Sea and of Sturgeons & of Whales taken, and who were takers, whose names they shall enroll and let them go by mainprize. And such things as shall happen to be founden they shall safely keep to the kings use. And the Shiriffs & Bailiffs shall be always attendant upon them, and at their commandments. It is ordained that throughout all the Counties of England there be choose sufficient Coroners of the most sage and lawful Knights that may best to the same office intend which lawfully shall attach and present peals of corone as well of appeals as of things to the same Office belonging. And that no Coroner demand or take any thing for doing his office, upon pain of a grievous forfeiture to the king i West. cap. twelve. But now by the Statute made. Anno. i Hen viii cap. i the Coroner shall have xiii. s.iiii.d. of the goods of the murderer and if the murder be committed in the day time and the murderer escape the coroner shall have xiii. s.iiii.d. for the escape upon the township, also it appeareth by ● Statute made in the xiii. year of E. the first which is called the statute of Excerer, under what order inquisition shall be made of the defaults of Coroners be they alive, or dead; where he shall see the charge that shall be given to the inquests that shall be charged to inquire of Coroners, in which charge it appeareth further what the Coroner aught to do by his office; which charge here ensueth. ¶ The form of the charge to inquire of the defaults of the Coroners according to the statute of Exeter. FIrst they shall inquire if the Coroner, go in proper person to do his office or not, whereby it appeareth that he cannot make a deputy. 2. Also if he have sent any other to do his office what he was, and how often & about what adventures. 3. Also if he came at every time of his own good will without delay, or that he or his Clerk have taken any thing for the more speedy executing of their office. 4. Also if he tarry or delay to the intent to have any reward after that he hath knowledge of the truth, & after that he is sent unto, how often, and in what place, and under what manner. 5. Also if the Goods of Felons taken by him be delivered to the towns to keep by a lawful inquest as they aught to be & enrolled in his record or not. 6. Also if the Coroner take any thing of any person for to take a false inquest for to destroy the right of any or to praise the goods for less than they be worth. 7. Also if he enter any thing in his rolls otherwise than it was given by the inquest and what thing he or his clerk took therefore & how often, and for what thing he, or his Clerk took such things. 8● Also if he or his Clerk took of the goods that were prysed, and prized them at less, than they entered them in their rolls. 9 Also if the prizes were not assessed by the inquest. 10. Also if the township were falsely charged and of what thing. 11. Also if any appeals were falsely inrolles or imbeaseled out of the rolls after that they were entered. 12. Also if be refuse to take any plaint of appeals for poverty, hate or other like cause, & what he took for that occasion & of whom and how much. 13. Also if he or his Clerk have taken aught of the goods of the party that is dead upon whose body he took view what thing it was and how ofter he so did. 14. Also if he have entered all the attachments belonging to his office in due manner, or if he have made any attachment for to grieve any person or to have of his own, and enter it into his roll. 15. Also if he have not done his office at all times at his own costs, without taking ought therefore. 16. Also if he have concealed aught in any County or procured to be murdered to the grievance of any person and if he so did than to inquire how often and for what reward, and for whom, and in what case he so old. 17. Also all the attachments, hanging, and lawfully receiving be pursued by him as he aught to do for the king or for the party, or cause to be pursued. 18. Also if the goods of such as have fled the towns where they devil for suspection of felony, were attached by him, and praised by inquest, and enrolled according thereunto and delivered unto the towns where those goods were found to keep safely until the coming of the justicers in Eire. 19 Also if he suffer appeals or other plaints to him made to be conveyed away imbeaseled, or carried out of the roiles, and if he take aught for such falsehood, of whom, how much, and how many times. 20. And if there were any treasure found in the time of the said Coroner in what, and what manner of treasure, and how much, and in whose hands it rests, & by whose deliverance. This is the whole charge that justices in Eire must give for inquiry of Coroners, & of their defaults. Furthermore justicers in Eire may impanell other Inquestes of 24. people of the body of the county to inquire of the concealment of the first inquests, which did inquire of the defaults of the Coroners. When Coroners have any knowledge from the King's Bailiffs, or other honest men of the country for to go unto such as be slain, or suddenly dead, or wounded, or breakers of houses, or to anya place where treasure is said to be found they must go forthwith, & command four, five, or six, of the next Towneships, that they be afore them at such a day & place, and when they shall come, them the Coroner must make inquiry thereof in form following. First if the person were slain in house, or in the field, in bed or at the Tavern. etc. and who be guilty thereof, either of the deed or consent etc. And if any be in the court which were there, so that they can speak or have any discretion, and they that be found guilty by inquest shall be taken and delivered to the sheriff. And such as were present, and be not guilty shall be attached until the coming of the justicers & their names shall be written in the Coroners roll. If any be suddenly slain in fields or in Woods, it is first to be seen whether he were slain there or not, and if he were not slain there, then as near as they can they shall follow the steps of him that brought the body thither with horse or cart, if it be possible in case the murderer be known: & if he be a stranger; then shall they inquire where he was lodged the night before: and touching such as shallbe founden guilty the Coroner shall go immediately to their houses and inquire what goods & Lands they have and how much they be worth by the year. But by the statute of King Richard the third it is ordained that the lands and goods of such people shall not be seized until they be attainted or otherwise convict by course of the law. And these things thus being enquired: the bodies shall be buried incontinent. Moreover they must inquire of such as be drowned or dead suddenly, and whether they were drowned, strangled, or slain, and they must inquire who were the fynders, and they may be attached, also they must view the length, breadth, and deepness of all wounds, & must inquire with what weapons and in what place of the body: and if the wound be mortal: the offender shall be kept until it be known whether the party may be whole. And if the wound be great than he shallbe let go under four, or six pledges, & if it be but little then. 2. pledges shall suffice. Also they must inquire of horses, Cartes, and other things whereby any was slain, that they may be praised, and delivered. 〈◊〉. s. Also they shall inquire of wrecks of the Sea, and if any lay hand upon it, he shall be attached by good pledges, and the wreck shall be prysed and delivered to the next townships. Further more Hue, and Cry shall be levied upon all Manslaughters, Burglaries, as when any is slain or in peril of death if it may be. And all shall follow such hue and cry if they be able, and they that do not, shall be attached to appear before the justicers. etc. Also if any person flee unto the Church or other hallowed place, for Murder, Felony or such like offence, the Coroner upon knowledge thereof shall come thither and take his confession; and if he will abjure the Realm, the Coroner shall receive his abjuration, which he shall say in this form. The form of abjuration. Hear you this Sir Coroner, that I A. B. am a Thief of one horse or other like thing, or a manswear of one man or more, and a fellow of our Sovereign Lord king Henry the viii. And for as much as I have committed many eu'll deeds, and felonies in this Realm, I here abjure his Land for ever, and shall make as much hast as I can to that Ha●en of. O. which you have assigned me and I shall not departed out of the high way, & if I do: I will that I be taken as thief and fellow of the king. And further I shall diligently seek my passage at the place above limited, & I shall not abide there any longer than one Ebb, & one Flood if I may have passage. And if I can have no Passage in so much space, I shall go every day into the Sea, up to my 〈◊〉, and assay if I can get over. And if I cannot so do within xl. days continuing I shall yield my ●elfe again to the Church as the kings thief and fellow. So help me God and holydome. Nevertheless it seemeth that when any person shall abjure him, it behoneth to show the place the day and year, and in what county he did the felony or murder; which confession shallbe as an indictment in effect; notwithstanding if he do it not, but only as before is expressed, it is good enough, because he is attained before by his abjuration. howbeit, this manner of abjuration is put out of the statute of Henry the eight made the twelve year of his reign, whereby it is ordained that such as will abjure, shall make their abjuration from all their liberty unto some sanctuary within this realm, there to remain ouring their lives, and shallbe burned in the right hand with this letter A. And if such person afterward be taken out of Sanctuary, he shallbe ordered in like manner as one that had been abjured the Realm before the said statute. And the same person that so taketh the church shall make his abjuration, and shall take his passage from thence at such a day and time as the Coroner shall appoint, and shallbe marked upon the brawn of his thumb on the right hand with a burning Iron, and shallbe ●●●ueyed to the sanctuary, whereunto he is abjured by the Majors, Bailiffs and Constables, in such fashion as they have been which heretofore had abjured the realm. And if any felon refuse to abjure before the Coroner he shallbe taken out of the sanctuary and shall lose the privilege thereof, & that is by the Statute. 22. H. 8. cap 2. Also it is ordained that none shall be choose Coroner if he have not land sufficient within the same county for to answer all people. An 4. Ed. 3. cap. 2. And it is further ordained that all Coroners shall be choose in the full County, by the commons of the said county of the most convenient and able people. Anno. 28. Ed. 3. cap 6. The Coroner shall inquire upon the view of the body if he were slain by day, if the murderer be taken. And if the murderer escape the township to be amerced. And the Coroner shall inquire of that escape, when he inquireth of the death upon view of the body. And Coroner shall have for his see 13 s.4.d. of the goods of the murderer And if he have no goods then to have his fee of such amerciament as shall be set upon the township for the escape. And after the murderer found: the Coroner shall certify his inquisition afore the justicers of the next general jail delivery in tha● same county. And if the Coroner be remiss to make his inquisition upon the view of the body, and certify not according as is afore said: them the Coroner for every default to forfeit one hundred. s. An. 3. H. 7. cap. 1. It is ordained that upon request of the Coroner, to come and inquire of any person drowned or slain by misadventure: the Coroner shall diligently do his office without taking any thing therefore upon pain of every Coroner that will not endeavour him to do his office, or that taketh any thing for doing his office upon any person dead by misadventure forty shillings. An. 1. Hen. 8. cap. 7. In case of man's death within the verge it shallbe commanded to the Coroner of that country that he together with the Coroner of the kings house, do make the inquiry and enroll it. And that which cannot be determined before the steward because the felons be not attached or for other like cause: shall remain at the common law so that the exigentes, utlagaryes, and presentments thereof to be made in Eire by the Coroner of the country, as of other felonies done out of the verge. Articles upon the Charters cap. 2. Not Coroner, Sheriff, nor other officer, shall take aught for his office, & if be do, he shall restore twice so much. West. 1. cap 20 But the statute of H. 7. giveth to the Coroner a mark for every murder. Also it was said by the justicers. M 6. R. 2. that the Coroner hath no power to inquire of a man's death, but only upon view of the body, and if he do, it is frustrate, and voyde. And if one Coroner inquire upon the view of the body, and after another Coroner will come and inquire thereof again the second inquiry is voyde, for the first inquiry is only of record. If one become a proover before the Coroner he shall not afterward be admitted to say that he did commit the act by duresse of imprisonment: for the record of the Coroner shall esto● him to plead that. If any will sue appeal of robbery of ●arcency, he must come into the full county within the year and the day after the felony done, and must find two pledges for to follow his suit, and the Coroner shall entre his impa●ell immediately in his roll, & the names of the pledges. And then shall it be commanded to the Bailiffs of the place, where etc. that he have the body at the next county. And if he return at the second county non est inventus, then shall the appeal 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 Eire of the justicers in the same county, and the plaintiff shall lose his action after appearance for ever; whereby it appeareth that after the year and day a man shall not have appeal of felony. And to this point agreeth Breton in his first book. The Coroner must record his view, abjuration, appeals, and accusations of thieves made before him, and so must he do of all things that belong unto his office to be done, and the nonsuits of plaintiffs in appeals he must record, with all things done in the County which belong unto his office. Also ye shall note that appeals shall be made in the court of any Lord that hath franchise of infangtheefe, in presence of the Coroner. etc. A presentment was sent into the kings bench by a Coroner comprising how a c●tayne person taken for felony was conveyed unto the Church by certain Friars. etc. And because the Coroner had no power to take such an indictment a writ was directed to the same Coroner to certify whether he had any other presentment or not. An. 27. E. 3. libro assisarum. An adventure of the death of a man was presented before the justices in Eire and because the same was not found, in the Coroners: roll: the Coroner was awarded to prison. The Coroners fee in Eire is to have i.d. of every venue when they shall come. Note that a presentment made before justicers in Eire of a thing which is contrary to that that is entered in the Coroners roll shallbe taken vayd, & the Coroners roll shall be taken for the record. The Coroner shall inquire of the death of men slain or drowned in the arms or creeks of the Sea, where they land may be seen of either side. But now by the Statute made. An. 13. R. 2. cap. 5. and confirmed. a, 2. Herald 4 cap 11. the Admiral hath no jurisdiction but only upon the high sea. Whereby it appeareth that the Coroner hath jurisdiction there to inquire of men's death. A Coroner may take an appeal of felony made by an approver in any county of England and so may he do of an abjuration in case that he confess the felony to be done in any other county. And the Coroner may abjure him as well upon that as if the felony had been done within the same County. But he cannot take any appeal of robbery or felony, unless it be within the same county where the robbery or felony was committed, and where he is Coroner; for by the confession or appeachment he is attainted, and so he is not in the other case. One that becometh a prover, before justicers, shall not have a Coroner, except he will confess the felony before them, and pray a Coroner. An. xxvi. Ed. iii And if one become a proover, and appeal other of divers felonies done in other counties, in this case the Coroner shall not make process thereupon into any foreign County, but he shall enter it in his roll, and shall sand the same presentment before the justicers of jail delivery and the justicers of jail delivery shall award process to the Sheriff of the foreign county for, to take him that is so appealed. Thus ●e must understand, that if any sheriffs, Bailiffs, Escheators, Constables, or Coroners take aught for doing their offices otherwise then to them is limited by the statutes before declared: that then such taking is extortion; which is punishable at the king's pleasure, as appeareth before, etc. in the statute made 1. H. 4. cap. 11. Whereby it appeareth, that sheriffs, and other ministers; Bailiffs & their ministers; Esche acors and their ministers; Coroners and their ministers, are bond to serve all precepts to them directed from the justices of peace, without taking aught of● any party And if a precept be directed to the Sheriff or any other the kings officer, to compel any to appear before the justices, to find surety of peace, if the party against whom any such precept is directed be ready to come before the said justicers to found surety of peace they shall take nothing of him. And in like manner must they serve all processes that come to them, directed out of the kings bench, the common place, the exchequer, or the Chancery, without taking aught therefore, but only the fees expressed in the statutes before written. And if they take any other fees it is plain extortion. A brief declaration concerning the extortions of Ordinaries; Parsons, Vicars and Curates. AS concerning Ordinaries, ye shall understand that it is ordained by a statute made in the xxi. 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 hundredth shillings, except to the scribe. uj.d. only. And of goods above the value of a C.s. unto xi pound, iij. s.uj.d: And the Scribe to have. xij.d. of the sum. And for the probate of a Testament of goods above the value of. xl.l'.v.ss: whereof the Scribe to have. ij.s.uj.d. or for every line being. 10. Inches in length one penny. And such sums for Letters of administration, where such people die intestate, & the Testament to be registered, & delivered to the party without delay; and letters of administration to be granted to the wife or next of the blood of the party deceased or to both: And for the probate of a Testament, or letter of administration of goods, under the sum of a hundredth. s. the Ordinary shall 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 if the Ordinary take any more than afore is limited, he shall forfeit so much as he taketh, and ten pound more besides that, whereof the moiety shall be to the party grieved. If the Ordinary cite any person to appear in the Spiritual court to depose in any matter there, as a witness: that is extortion and wrong to the party. If any Ordinary; Person, or vicar take any mortuary after the death of any person which had not goods to the value of ten Marks, that is extortion. And likewise it is, where they take a mortuary in such places where it hath not been accustomed to pay mortuaries. And even so it is where a Person, or vicar taketh more then. iij.ss. iiij. d. in the name of a mortuary. If the goods amount above ten marks, and under the value of. xxx.li. for that is extortion. Also if he take more then. uj.s.viij.d. for a mortuary where the goods be above the value of. xxx.li. and under the sum of xl pound the debts paid, that is extortion. And if they take of them whose goods amount to. xl.li. above the debts, paid more then. x.ss. for a mortuary: that is extortion. And if they take any mortuary for a woman married, or one that is within age, or for a man that keepeth no house, it is extortion. And if any mortuary be taken in Wales it is extortion, except Bishops that shall take mortuaries thereof priests and Curates, and the Archdeacon of Chester shall take mortuaries of Priests within the county of Chester. And whosoever taketh for a Mortuarye more than he aught, shall forfeit as much in value as he taketh, and. rl.ss. beside thate the party grieved. Anno. xxi. Henri●●. octavi. capitulo sexto. And thus have I thought sufficient to declare unto you concerning extortions in ordinaries; Parsons, vicars, and Curates. FINIS. ¶ Imprinted at London, by Thomas Marsh.