Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n according_a justice_n law_n 1,616 5 4.3920 3 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A00880 In this booke is contayned the offices of shyriffes, bayliffes of lybertyes, escheatours, constables, and coroners and shewed what euerye one of them may doe by vertue of their offices, drawen out of bookes of the common lawe and of the statutes.; Office et auctoryte des iustyces de peas. English. Selections Fitzherbert, Anthony, Sir, 1470-1538.; Harvey, Gabriel, 1550?-1631. 1579 (1579) STC 10993.9; ESTC S4009 45,369 112

There are 3 snippets containing the selected quad. | View lemmatised text

not of entre with force But now by the statute yf anye entre with force or do disseason with force or entre peaceablye and kept passession with force the Iustices of peace may make restitution to the party and put hym in possessiō by theyr writ directed to the Shiriffe Constables in the townes where they beare office may arest men y go or ride armed in fayres or markettes by day or by night and take their armour as forfait to the kinge imprison them at the Kings pleasure An. 2. Ed. 3. at Northampton The Kinges purueyours ought to make theyr purueyaunce for the Kinges house by the Constable and 4 honest men of the townes where such purueiaunce shall bee made without threatning And in presence of y Cōstable tayles shall be made sealed with the seales of the takers betweene the sayd takers the partyes of whō the goods be taken And if any taker make his prise otherwyse it shal be done with him as with a theefe An. 12 Ed. ● cap. ● Constables of townes must arrest such as passe by night of whom suspicion is had and deliuer them to the Shiriffe there to remayne in ward vntill they bee duely deliuered Also they must arrest such as be called robberdes men wasters and draw la●ches if suspicion he had of any such be it by night or day deliuer them to the Shiriffe vntil the comming of the Iusticers of Iaile deliuery 5 E. 3. cap. 13. It is ordayned that none shall take for threshing a quarter of wheat or corne aboue 2.d ob for a quarter of Barley Beanes Peas O●es 1 d. ob if so much haue ben vsed to bee geuen and in the countrey where they vse to reape by the sheffe and thresh by the bushell they shall take no more or otherwyse And that such labourers and other seruauntes shall make an oth two tymes in the yere before Lordes Stewardes Bayliffes and Constables of euery towne to do keepe this ordinaunce that none of thē shal go out of the town wher they dwelled in winter for to serue in sommer if hee can haue seruice in the same Towne sauyng to the folke of the countyes of Stafford Darby Lancaster Crauen and the marches of wales theyr free liberty to labour in other countryes in the tyme of August And they that refuse to make such othe or to perfourme the thing that they haue sworne taken vppon them shal be put in the stockes by the sayd Stewardes Bayliffes Cōstables of townes by the space of three dayes or more and shal be sent after to the nexte Iayle there to remayne vntil they wil be ordered and that there bee Stockes in euerye towne for the same intente And the Stewards bailifs Constables shal make oth before the iusticers assigned to enquire diligently of al thē that offēd against this ordinaunce to certify their names before the same Iustices when they shal come into the coūtry to kepe their sessiōs vpō which certificate made the same Iustices shall cause them to be attached by their bodyes to appeare before the same Iustices to answere vnto such contempts so that if they bee attaynted they shall make fine and raunsome and further to be commaunded to prison vntill they haue found surety to serue in maner aboue sayde And the Iustices at euerye tyme that they shall come into the countrye shall inquire of Stewardes Bayliffes and Constables whether they haue made good and lawfull certificate or haue concealed ought for any gyfte procurement or affinity shall punish them by fine and raunsome if they be found guilty 25. Ed. 3. Capit. 2. and 8. Constables of townes whereas faytours or vagabondes resort haue power to examine them diligently cōpel them to finde surety of their good behauiour by sufficient may●pernours dist●einable in case that any default bee found in such feytures and vagabondes And if they can finde no such surety then to be sent vnto the next Iayle there to remayne vnto the comming of the Iustices of Iayles deliuery which haue authority to do with such faytors and vagabondes as they shall thinke best to bee done by the law Anno 1. Ri. 2. cap. 5. Constables of townes may arrest any Seruant labourer comming to the Towne from any place vagarant vnlesse hee haue a letter contayning the cause of hys goynge the time of his returne vnder the kinges seale that thereto shal be assigned delyuered to the custody of some honest man of the hundred Wapentake City or Boroughe according to the discretion of the Iustices of peace And y Constables may put hym in stocks keepe him vntill he haue found surety to returne to his seruice or to serue in the towne from whence he came vntil he haue a letter to departe vppon cause reasonable An. 12. Ri. secundi cap. 3. Constables haue power to arrest Sernaūts labourers that beare about them Hanger Dagger or knife and to sease the sayd weapōs as forfayt them to keepe vntill the sessions of the Iustices of peace before whom they shall present such weapons with the names of them that bare them except that they trauell in the coūtrey in their masters message 14. Ri. 2. cap. 6. Shiriffs and other the kyngs mynisters may take the power of the countrey to represse assemblies and royots in outragions number to commit them to pryson An. 17. Ri. 2. cap. 8. It seemeth by these words the Kinges mynisters that Constables of townes haue power to do so by thys act aswell as the shiriffes Constables may at rest seruaūtes labourers and imprison them by the space of sixe dayes which vse not Bowes and arrowes vpon So●dayes such other festiual daies which will not leaue vtterly all playing at the Ba●● aswell with hand as with Foote and other games called coyts dice casting of the stones ke●les all other like importunate games .xi. Hen. 4. cap. 4. Constables and all the kings liege people that are able to trauaile within the county must be assisting aydoing to the Iusticers of peace and the Shiriffe to represse great riots and vnlawfull assembles vpon payne of imprysonment and to make fine raunsome Anno secundo Hen. 5. cap 8. Constables shall be made in euery parte of y marches of Wales market townes to inquire searche and arrest such persons that cary victayle or armour to any parte of Wales without the kinges licence whych Constables shall haue the 6. part of the forfayte for their trauayle .4 H. 4. cap. 16. Constables of port townes where souldiours that haue bene retayned in Wages to serue in warre beyond Sea or vpō the Sea depart from their Captaynes and turne backe arryue in any porte of Englend without licence of their Captayne vnder hys seale may arrest such souldiers keepe them vntil inquiry be made of them and if it may be prooued by inquiry before Iustycers of the peace and prooues that they haue mustred of recorde
theyr discretion shall cause them to be brought to such places as they thinke conuenient and there to bee whipped naked through the towne or market and then to bee sworne to returne to the place where he was borne or where he last dwelled by the space of 3. yeres and to haue a letter vnder the seale witnessing that he hath bene punished Also all persons that a biure to sainctuary within ●his realme shal be cōueyed thervnto by the Constables of euerye towneship that is from Towne to Towne till that hee come vnto that same Sainctuary wher vnto he is abiured in lyke maner fourme as persons that had abiured this ●ealme should haue bene conueied to the next port of the sea from that place where they be abiured vnto the same pore by course of the cōmon law before the making of this Statute 22 H. 8. cap. 13. Euery farmer or owner of landes tenemente or hereditamentes whereof y yerely value or rent amounteth to fiue poundes● which manureth the same shall pay to euery person which by his diligence and laboure at hys owne costes taketh any old● Crows Rookes or Choughs vpon the same Landes Tenements or hereditamentes of the yerely value aforesayd .ii. pence for euery xli old Crows Rookes or Choughes and a penye for 〈◊〉 and a halfe peny for .iii. olde Crowes Rookes or Choughes And any Farmer or owner refuse to pay the sayde money accordyng as is aforesayd then vpon a complaynt and proofe made thereof to any Iusticer of peace or high Constable the same Iusticer or byghe Constable shall cause the samemoney to be leuied by distresse of the goods and cattels of euery such Farmer or occupyer of the same lands and tenements Anno xiiii Henrici vii● cap. x. Where it is ordayned by a Statute made in the vii yeare of Richard the Second cap ix that he whych espyeth and proueth defaultes in any Clothes put to saie contrary to the assise thereof ordayned touchyng Clothes and contrary to the sayd statutes should haue the thyrde parte of euery such cloth beeing defectiue for hys Labour by the deliuery of the Shiriffes if they bee present or els of the Lordes of Fayres and Markets or of Stewards Bayliffes or Constables of townes where such defectiue clothes shal be found by Indēture betwene them to be made the which shal be deliuered euery yere in the escheker at the feast of S. Michaell by them that shal make such deliuery to the intēt to charge the Annagours and toilours by whom such manner of defaultes ought to be searched and amended An. 7. Ri. 2. cap. 9. If any person shippe marchaundise of Staple be in place suspect adioyning to the Costes of the Water and maketh no Indentures thereof betweene him the maior or Constable of the towne they shal be forfayte and the king shal haue the moytye And it is lawful for euery person to searche in these causes An. ● 4. Hen. 6 cap. 5. It is ordayned that a Horseman shall pay for passage at Douer 3. s. and a footeman 6. d.. And the Constable of Douer to punish them that do contrarye at the suite of the party that will complayne and shall do him right in that behalfe Anno. 4. Ed. 3 cap. viii The office of Coroners FOr to declare playnely the Offyce of a Coroner it appeareth by the Statute of Magna carta in the xv capi that no Coroner ought to holde any pleas of the Corone But Breton declareth the offyce of a Coroner in forme following First that in euery county Coroners shall be the principall conseruators of the peace to beare record of al the pleas of the crown of abiurations vtlagaries such like and the Coroners shall make an othe before the Shiriffes in the full county that they shall make their inquests inrollementes and all that to the coroners office apertaineth lawfully or wythout askinge allowance And if any felony chaunce or treasure be found or any Woman ra●yshed or Pryson broke or any man wounded nighe vnto death the coroner so soone as hee shall knowe thereof shal send to the Shiriffes and Bayliffs of the places where such aduenture shall happen to cause to come before hym at a certayne day at the place where such chaunce befell foure of the nexte towneships and other if neede be by whom hee shall inquire the verity shall compel the townships to sweare vpon the Saints to shew the truth of those articles that he shal demaunde of them Then shall the Coroner and the Iurours viewe the body the Woundes and the stroakes and immedyately after such view had the Body shall bee buryed And if the Coroner finde the body buried before the commyng hee shall recorde the same neuerthelesse he shall not omit to digge vp the Body and make it to be viewed openly of the Townes And those Iurours which haue bene sommoned and come not to the inquyries of coroners shall bee amerced at the commyng of the Iusticers at the first assises in those counties so that such defaultes be entred in Coroners rolle so that the Coroner shall haue no power to amerce no man for any default And when the inquest is sworne the Coroner muste inquyre if the person were slayne by felony were done within a House or without and all the circumstaunce And after it shall be inquyred who were present at that deede and who be culpable of the said force commaundement consent or receipte of such felonies wittyngly And if the Coroner haue any suspection of the first inqueste for concealemēt of the truth or if it bee needeful to inquyre better by other then shal hee inquyre diuers times al such as therof shal hap to be indited the shiriffe shal take in all the hast if they may be found and if not the Coroner shall inquire who they be and who hath withdrawen thēselues for that occasiō and the Shiriffe shal forthwith cause their lands to be seased afterwardes all their goods and cause them to be praised by lawfull inquest and the goodes with the prises shal be inrolled in the Coroners rolle and shal bee deliuered to the township for to bee answereable therfore vnto the K. in case the party so indited flee wil not stād to right And after they shall inquire if hee that is indyted did euer fynde surety to keepe the kings peace the names of hys may●pernours which he shall enter into his rolle And if the playntiffe will sue apeale within the yere and the day then shall hee fynd two sufficient pledges to the Shiriffe of the county distreinable within the same to sue his appeale according to the lawe of the land And thē shal the Coroner cause the appeale to be entered with the names of the pledges and after it shal be commaunded vnto the sergeant of the county where such felony is done which as mee seemeth is the Shiriffe or his bayliffe errant that he hath the bodye at the next county And if the
ordayned that none shall be chosen Coroner if he haue not lande sufficient within the same county for to answere all persons An 4. Ed. 3. cap. 2. And it is further ordayned that all Coroners shall bee chosen in the full County by the commons of the said county of the most conuenient and able persons Anno. 28. Ed. 3. cap 6. The Coroner shall inquire vppon the view of the body if he were slayne by day if the murderer bee taken And if the murderer escape the township to bee amerced And the Coroner shall inquire of that escape when hee inquireth of the death vpon view of the body And Coroner shall haue for his see 13 s.4.d. of the goods of the murderer And if hee haue no goodes then to haue hys fee of such amerciamente as shall bee set vppon the township for the escape And after the murderer found the Coroner shal certify his inquisition afore the Iusticers of the next generall Iayle deliuerye in tha● same county And if the Coroner be remisse to make his inquisition vppon the viewe of the body and certify not according as is afore sayd thē the Coroner for euery default to forfayt one hundred s. An. 3. H. 7. cap. 1. It is ordayned that vppon request of the Coroner to come and inquire of anye persō drowned or slayne by misaduenture the Coroner shall diligently do his office without taking any thing therefore vppon payne of euery Coroner y wil not indeuour him to do his office or that taketh anye thinge for doing hys office vpon anye person dead by misaduenture forty shillings An. 1. Hen. 8. cap. 7. In case of mans death within the vierge it shal be commaunded to the Coroner of that countrey that hee together with the Coroner of the kinges house do make the inquiry and inroll it And that which cannot bee determined before the steward because the felons bee not attached or for other like cause shall remayne at the common lawe so that the exigentes vtlagaryes and presentmentes therof to be made in Eire by y Coroner of the coūtrey as of other felonies done out of the vierge Articles vppon the Charters cap. 2. No Coroner Shiriffe nor other officer shall take ought for his office if be do he shall restore twyse so much West 1. cap 20 But the statute of H. 7. giueth to the Coroner a marke for euery murder Also it was sayd by the Iusticers M 6. R. 2. that the Coroner hath no power to inquire of a mans death but onely vpon view of the body and if he do it is frustrate and boyde And if one Coroner inquire vppon the view of the body aud after another Coroner will come and inquire therof agayne the second inquiry is boyde for the first inquiry is onely of recorde If one become a proouer before the Coroner he shal not afterward be admitted to say that he did committe the acte by duresse of imprisonment for the record of the Coroner shall esto● him to pleade that If any will sue appeale of robbery of ●arcency he must come into the full Countye within the yere and the day after the felony done and must finde two pledges for to follow hys suite and the Coroner shal entre hys impa●ell immediately in his roll the names of the pleadges And then shall it be commaunded to the Bayliffes of the place where c. that he haue the body at the next county And if hee returne at the secōd coūty non est inuentus then shall the appeale be called from county to county vntill he be outlawed and if the playntife make default at any coūty then shal the exigent cease vntill the Eire of the Iusticers in the same county and the playntife shall loose his action after appearaunce for euer whereby it appeareth that after the yere and day a man shall not haue appeale of felony And to this poynt agreeth Breton in his first booke The Coroner must recorde hys view abiuration appeals and accusatiōs of theeues made before hym and so must hee do of all things that belōg vnto his office to be done and the nonsuites of plaintifes in appea●es hee must recorde with al things done in the County which belong vnto his office Also yee shall note that appeales shall be made in the court of any Lord y hath fraunchise of infangtheefe in presence of the Coroner c. A presentment was sent into the Kinges bench by a Coroner comprysing how a c●tayne person taken for felony was conueied vnto the Church by certaine Fryers c. And because the Coroner had no power to take such an inditement a writ was directed to the same Coroner to certify whether hee had any other presentment or not An. 27. E. 3. libro assisarum An aduenture of the death of a man was presented before the Iustices in Eire and because the same was not found in the Coroners rolle the Coroner was awarded to prison The Coroners fee in Eire is to haue i.d. of euery venue when they shall come Note that a presentmēt made before Iusticers in Eire of a thing which is contrary to that that is entred in the Coroners rolle shal be taken vayd the Coroners roll shall be taken for the record The Coroner shall inquire of the death of men slayne or drowned in the armes or creekes of the Sea where they land maye bee seene of eyther syde But now by the Statute made An. 13. R. 2. cap. 5. and confyrmed An 2. He. 4 cap 11. the Admiral hath no iurisdictiō but onely vppon the high sea Whereby it appeareth that the Coroner hath iurisdiction there to inquyre of mens death A Coroner may take an appeale of felony made by an approuer in any Countye of England and so may he do of an abiuration in case that he confesse the felony to bee done in any other county And the Coroner may abiure him as well vppon that as if the felony had bene done within the same County But he cannot take any appeale of robbery or felony vnlesse it bee within the same county where the robbery or felonye was committed and where he is Coroner for by the confession or appeachment he is attainted and so he is not in the other case One that becommeth a prouer before Iusticers shall not haue a Coroner excepte he will confesse the felony before them and pray a Coroner An. xxvi Ed. iii. And if one become a proouer and appeale other of diuers felonies done in other counties in this case the Coroner shall not make processe thereuppon into any forrayne County but hee shal enter it in hys rolle and shall send the same presentment before the Iusticers of Iayle deliuery and the Iusticers of Iaile deliuery shall award proces to the Shiriffe of the forraine county for to take him that is so appealed Thus ●e must vnderstand that if any Shiriffes Bayliffes Escheators Constables or Coroners take ought for doing their offices otherwyse then to them is