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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

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sufficient atturney or Deputy that is knowne of good name the playntiffe shall finde pledges persons y bee knowne in that County is pursue hys playnt and the playntiffe shall haue but one playnt for one trespasse or one contract And if the shiriffe or any other his officers cause to bee entred anye moe playntes then the playntiffe suppposeth that hee hath cause of Action agaynst the defendaūt then the Shiriffe or hys Clarke that both cause to bee entred any such playntes contrary to this acte shal forfayt for euerye default xl.s. the one halfe to him that wil sue and proue the same matter by action of deb● or information Also the Shiriffe shal make sufficiēt precepte after such playntes entred agaynste the defendant directed to the Baylife of the hundred to attach or warne the defendante-● appeare and aunswere to the sayd playntes and there be any defaulte in the sayd Bayliffe or the hūdred in warninge or executing of their offices then to forfayte xl.s. shillinges and to be conuict therof by examinations of the Iustices of the peace or any of them The same Shiriffes nor their deputyes shall make none estates to leuye the Shyriffes amercements til the two Iusticers of the peace whereof one to bee of Quorum haue the syghte of their Bookes and the estreates to be indented betwene the Iusticers of peace the Shiriffe vndershiriffe sealed with their seales the one part to remayn with the sayde Iusticers and the other part with the Shiriffe And those persōs that shall be gatherers of the sayd amerciaments shal be sworne by the sayde Iusticers that they take no more money then is forfayte and contained in the estreates sealed with the seale of the Iusticers to the same vppon the same payne of forfayture as is aboue rehearsed the same gatherers to be conuict by examination of the same Iustices or one of them And the same Iusticers of peace shall be appoynted at the sessions holden at Michelmas by him that is custos rotu●orum or in his absence by the eldest of the quorum to haue the controlement of the sayd Shiriffes vnder shiriffes shyre Clarkes other of the sayd officers and of the sayd shirifs amerciaments And the said Iusticers of peace vppon suggestion shal● make Processe agaynst th● Shiriffe vndershiriffe shyre Clarkes o● other officers to appeare before them to answere to such suggestion or information as is vsed in action of trespas An. secundo H. 6. cap. 15. And euery Shiriffe shall cause to bee taken all vagabondes idle people and suspecte persons and set them in the Stocke there to remayne at the first takinge by one day and one night and at the second time to be in the Stockes by 3. dayes 3. nightes with bread and water And if anye Shiriffe execute not these premisses of euerye vagabond bermit or beger able to labour or Clarkes pilgrims or shipmen as often as anye such commeth in sight or that he hath therfore any knowledge within the towne or place where hee hath authority that as oft as any such misdoer abydeth there aboue the space of one day and one night and depart vnexamined vnpunished for euery misdoer so departed the Shiriffe to loose three shillinges and foure pence and the Shirif in his turne hath authority to enquire of all that defaults of Maiors Bailifs high Constables pety Constables and all other gouernours and officers of Cities townes villages with in their turne to haue ● s.4.d. for euerye defaulte found in his turne Au 15. Hen. 7. cap 12. Also euery Shirife vpon a precept directed vnto him by the Iusticers of peace to returne a panell to enquire of any royot or vnlawful assemble committed shall returne xxiiii persons dwelling in the shire euerye 〈…〉 viii d of copyhold or of both ouer all charges to returne in issues euery person xx s at the first day and at the second day xl.s and if the default be in the Shiriffe for returning of persons not being of that sufficiency or for no returning of Issues in forme beforesayd he to forfait .xx li. An. xvi Henrici vii capitulo xv Also if any royot ●r assemble of people be made in any parte of this Realme agaynste the law the Iusticers of the peace or two of them of the least and the Shiriffe or vnder Shiriffe may come with the power of the County if neede bee to arreste and brynge them before the same Iusticers o● the peace And the Shiriffes or vnder Shiriffes haue power to recorde that that the shall finde in their presence done contrary to the Lawe and the offendour shal be conuicte by such recorde And if they v● departed before the comming of the said I●sticers Shiriffe or vndershiriffe then shal● the same Iustices or two of them within on● moneth after such royot enquire diligently where they assemble was made And if the trueth cannot be found then the same Iust●cers or two of them and the Shiriff or vnder 〈…〉 within a Moneth next following shall certifye before the K. and his counsaile the whole deede with all the circumstaunces thereof which certificate shal be as stronge to put the partyes to answere thereuppon as in an inditemente found by xi men 13. Hen. 4 rapi vltimo And if the sayd ryot or vnlawfull assemble be not found by reason of any imbracery or maintenaunce of the sayd Iury then the sayde Iusticers of peace the Shiriffes ouer and aboue such Certificate that they must make according to the sayde Statute made Anno xiii Henrici quarti shal in the same Certifycate certifye the names of the sayde maintainers and imbrasours in that behalfe if any bee with their misdemeanours that they know vpon paine of euery of the said Iusticers and Shiriffes or vnder shiriffes xr li. if they haue no reasonable excuse for not certifying of the same whych certificate so made shal bee an inditement in the law and euery person duely proued to be maintayner or embrasour shal forfait ●x li. and to be committed to ward there to remayne by discretion of the Iusticers An xix Hen. vii cap xiii Also that no Shiriffe vppon wryts and preceptes directed to him do returne before Escheatours or commissioners any person to inquire of any landes or tenementes except euery of the same Iury haue landes tenements of the yerely value of xl.s. aboue all charges in the same Shyre vppon paine of forfayture for euery person so returned a C.s. Anno. 3. Henric● oc●aui capitulo secūdo Also all panels put in by the Shiriff before any Iusticers of Iayle deliuerye or before Iusticers of peace whereof one to bee of the Quorum in their open Sessions to inquire for the King shall bee reformed by puting to and taking out of the name so impanelled dy discretion of the same Iusticers And that the same Iusticers or Iusticer shall commaund euery Shiriffe and their ministers in their absēces to put other persons in the same panell so reformed by the
contrary to thys or any other Estatute made for the elections of Shyriffs to come vnto the Parliament hee shall encur●e the paine of one C. pound to the king and a yeres imprysonment without bayle And more ouer shall pay vnto the person so beyng chosen Knyght Citizen or burgesse and not duely returne or to any other person whych in default of such Knyght Burgesse or Citizen wil sue therefore one hundreth pound to be recouered by Action of debt And the Shiriffe ought to make such elections in the full County betwene the houres of viii and ●yne before none and to make a good and true returne of such elections vpon payne to forfaite one hundred pound to the Kyng and asmuch to the party that wyll sue therefore against the Shiriffes their executours or administratours .xxiiii. Henrici vii capitulo .xv. Shyriffes in theyr turnes ought to enquyre heare and determine if any Mynister of the Wardeyne of the Courte in the Marches of Scotlande or if any other arreste any person by hys Bodye or Attach hym by his goodes out of the Counties of Northumberland and Cumberlande and Westmerland and the Towne of Newecastell to answere in any of the sayd courtes or else by Colour or cause of any pro●●●● in the sayd courts for in such arrestes it shall be lawfull for euery man to make resistaunce And the party grieued shall haue an Action of false imprisonment or trespasse and shall recouer triple damages therefore and the defendaunt shall haue two yeres imprysonment And the shiriffe shall haue power to proceede thereuppon as well as vppon a presentment made in his turne .xxxi. Henrici sexti Capit. ii Where as some men by dissimulation and other meanes fayne them selues to bee louers to Women namaryed or Maydens or Wydowes hauyng greate possessions and substaunce of goods and get some Women into theyr possession and conuey them into such places from whence they wyll not suffer them to goe at their Liberty except they will make to them Oblygations of great summes to bee payed vnto them or cause them to bee bounden in a Statute Marchant or sometime will compell them to bee maryed at their pleasure which if they refuse to leuy vppon them the summes contained in the same obligations and Statutes it is ordayned that the partie grieued shall haue a writ out of the Chauncery comprysing the whole matter of theyr vnreasonable intreatyng directed to the Shyriffe commaundinge him to make pro●lamation at the nexte county after the receipt of the writ that the offendour shal appeare at a certayne day place prefixed in ●he writ before the Chaunceller or the Iuticers of assise of the shyre where such offences shall ●ap to be done or before some other person assigned by the chaunceller And the Shiriffe to whom such a wry●● shal be directed shall execute the same according to the tenour thereof vpon payne of iii. C. li. the one halfe to the kyng the other to him y will sue therefore by writ of debt wherein no wager of Law protectiō nor former plea to cause the matter to bee tryed in another Countye then where the writ is brought shal be allowed .xxxi Henrici quarti capitulo quarto Upon euery Inditemente or Presentement taken before Shiriffes or other ministers in their turnes or lawdayes They shall deliuer the same Indytementes and presentments to the Iusticers of the peace at their next Sessions vpon payne of xl.li And the Iustices of the peace shall awarde Processe vppon the same aswell as if they had bene taken before themselues and shal arrayue those that be so indited of ●elony shall set fines vppon such as bee indyted of trespasse the extreates of which fines shall bee enrolled by Indenture and deliuered vnto the same Shiriffes or mynisters And if any Shiriffes or their ministers arrest or attache any person by colour of any such inditement or presentment in their turnes or lawe dayes or els take any fine or amerc●ament before they haue processe from the Iustycers of the peace or afore y excreats out of the Indytementes shall bee delyuered they shall forfayte a C. ● the moyty whereof shall be to the party suing therefore by wryt of debt in whych no wager of law nor protection shal be allowed Anno primo Edwardi .4 cap. vitimo Upon an information made to Iusticers of peace or other Iusticers against any person for retayning or geuing of liueries or agaynst any that is retayned or taketh lyuery y Iusticers shall make processe there as vpon a recouery of debt or trespas And if the Shiriffe in any suite graunted therevpon agaynst any person being sufficiente returne any lesse Issues then xx s at the first day of the distresse and at the seconde day xxx.s at the thyrd day xl.s and so at euery day after more by x.s in issues for euery such returne hee shall forfayte .xx. s. ● Edwardi .4 cap 2. The olde Shyriffe shall haue power to returne Writs and execute hys offyce during the terme of S. Michaell and Hilary after the yeare of the sayd office expired vnlesse he be lawfully discharged thereof before .15 Edwardi 4 cap. II. No shiriffe nor other officer shall sease or take the goods of any person beinge arrested or emprysoned for Felony vntyll the same person be duly cōuict or attayneed of the same Felony by course of the common lawes or except the same goods bee otherwyse lawfully forfayte vpon payne to forfayte the double value of the goods so tak● to the party grieued suing therefore by Action of debt wherein no wager of lawe essoyne nor protection shall be allowed i. Richard 3. capitulo 3. No bayliff or other officer in any panell within any county of this realme shall returne any person to bee put in or vppon any Inquiry in the turnes of shiriffes but such as be of good name fame hauing freehold to the yerely value of xx.s or copyholde to the yerely value of xxvi.s.viij.v at the least aboue al charges vpō pain to lese for euery person not being sufficient at euery tyme that they shall so offend xl.s and the Shiriffe other xl.s whereof y one moyty shal be to the party suinge therefore by● Action of debt in which suite no protection or essoyne shal be alowed But wager of lawe is not expressed And for that cause is behooueth to wake information thereof to the Eschequer primo Richardi .iii. cap. iiii Shiriffes or other hauyng the custody of Iayles shall certifie the names of euery pris●ner being in theyr custody and of them committed for felony vnto the Iusticers at the next generall Iayle deliuery to bee kalendred vpon paine to forfayte for euery tyme that they make defaulte in so doinge a hundred shillinges iii. H. 7. cap. 5. Also the Shyriffe nor any other person in his name or by his commaundement● shall entre no playntes into their Bookes in no mans name vnlesse the playntiffe bee there in his proper person or els by