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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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the hūdreds of Blo●essom Westbury in the county of Glocester the Shiriffes of Glocester or the Bayliffes of the towne of Glocester after notification made to any of them of such inturyes and damages by the partyes greued within foure dayes after the notificatiō made shal make proclamation at the town of Glocester that such offenders within .15 dayes after such proclamation shall restore vnto y party endamaged their goods so taken or the vaine with a reasonable amendes The sayd Shiriffes Bailiffes to forfayte xx li. if they fayle so to do 9. Hen. 6 cap 28. The Shiriffe of Herforde neyther in his turne or in any other place after the turne ended shall take any inquiry or inquest of office which ought not to be taken there Neyther shall hee take any fyne or amerciament for thinges not appertayning to his office or turne vppon payne to forfayte x. li. x. Hen 6. cap 8. Shiriffes ought to returne in attaynt in plea of land men of the yerely value of xl s or in an action of deedes concerning lands of such value and in actions of the summe of forty pound And moreouer those persons dwellyng within their Bayliwicke which may expende twenty poundes yerely aboue all charges for terme of lyfe at the leaste out of auncient demeane Gau all kinde and the 5 portes And at the first distresse xl.s. at the second v.li. and the double value of euery other distresse agaynst the iu●oors vpon payne of x. pound to the King and as much to the partye And if there bee not sufficient persons dwellyng within the coūty which may expēde twenty pound yerely then shall they impanell other persons of y most sufficient possessions of yerely value of landes and tenementes within the value of twenty pound vpon payne to forfayte ten pound to the king and to the party as much as the fourme afore sayd decimo quinto H 6. cap. 5. The Shiriffe or vnder shiriffe of Herford must arrest such persons of Wales or the Marches therof which be outlawed of treason of felony whō the sayde Shiriffe knoweth or seeth to bee in any place within the sayd county and co bryng to the Iayle And if any such person beyng indyted do dysobey of flee away the said Shiriffe shal leuy hue and crye and pursue him vppon payne to make fyne and raunsome to the kinge .23 Hen. 6. cap 5. The Shriffe shall not occupy his office aboue one yeare and if he so doe then to forfayt xx ii and euery pardon for such offēces shal be voyd any words put in such Letters Patents notwithstanding Also he that presumeth to occupy the same office aboue one yere by force of such letters patents shall be disabled to be Shiriffe in any other shyre afterward .xxiii. Hē vi cap. viii No Shiriffe shall let to fearme his county nor any of his Bayliwickes Hundreds Wapentakes No Shiriffe Bayliffe of frāchyse ne other officer shall returne in any panell any of his Bayliffes officers or their Seruauntes No Shiriffe nor any other to any vse shal take ought of any person to be arrested attached nor to successe of any arest or attachmēt to be made to the body Nor shall take ought of any person arested or attached for fine see sute of prison mainpryse letting to baile or for shewing any fauour or ease to any person being so arrested except it be as here followeth that is to wit to the shiriff xx.d to the Bayliffe that reade the arrest iiii.d and to the Iaylour if the Prisoner be committed to ward foure pēce The Shyriffe him selfe nor any to his vse shall not take any thinge for the makyng of any returne or panel but for the coppy of the panel iiii.d How be it they vse to take ii shillyngs for the returne of a panell but that seemeth to be extortion Shiriffes out to let out of Pryson al persons beeing in theyr ward by force of any wryt byll or warraunt in any action personall or indytement of Trespasse vppon a reasonable surety beeing sufficient in the County to keepe theyr dayes in the places as the sayd Billes wryttes or Warraunts requyre except such as be condempued outlawed excommunycated or for suretye of the peace or by the commaundement of any Iustice and vagabounds which refuse to serue Also Shiriffes ought not to take any obligations for any thynge aboue mencioned or by colour of theyr offyce But onely to them selues nor of any Person beeynge in theyr Ward but by the name of their offyce as by the name of the shirife in the Obligatiō vppon condition that the party shall appeare at the Dayes contayned in the Wryttes in such places as the Billes Wryttes or warraunts requyre And if any Obligation bee taken of any Person by colour of theyr office in any other fourme it shal be voyde Shiriffes shal not take for any obligatiō warrant or precept by them to be made any more then foure pence Shiriffes must make their deputyes yerely in the kings courtes that is to wit in the chauncery the bench and the Escheker of recorde before they returne any writte Shiriffes that do contrary to this ordinaunce in any poynt shall loose to the party g●ieued triple damages and shall forfiate xl li foreuery time that they shal so offende the one halfe to the Kinge and the other to him that will sue .23 Hen. 7. cap. x. Shiriffes when writtes be directed vnto them to leauie the expences of Knightes of the Parliament must make proclama●ion at the next county after the deliueraunce of the same writtes that the Coroners Cōstables and Bayliffes of hundreds shall be there to assesse their wages vppon poyne of fourty shillinges What tyme they shal assesse euery hundred at a certayne summe by it selfe and after they shall assesse euery village within the same hundred at a certaine summe by it selfe and if they be otherwise assessed for euerye default they shall forfaite twenty poūds the one halfe wherof shal be to the party that wyll sue And the Shiriff shall leuy the same duely and shall pay it to the Knights of the Parlyament vpon payne of xx pound And the party that wil sue shall haue his action by Scire facias and shall haue ten poundes aboue the twenty pounds wyth triple damages .xxiij. Henrici sexti capitulo vicesimo secundo The Shiriffe after the deliuery of any writ to make election for the Knyghtes of the Parliament must make a sufficiente precept vnder hys Seale to euery Mayor and Bayliffe of Cyties and Boroughes within the County commaunding them to elect Citizens and Burgesses to come vnto the Parliament And the sayde Maior and Bayliffe shall truely returne the same precept to the Shiriffe by Indenture beetwene them for the election and names of them that are chosen And the Shyriffe is bounden to make a good and true returne of euery such writ of euery returne made to him by the Mayor and Bayliffes And for euery tyme that the Shyriffe shall doe
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