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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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In this booke is contayned the Offyces 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 gabvielharuey 1579. The office of Shiriffes WHat the Offyce of a shyriffe is heereafter shall more playnely appeare but in a generality his office is righteously duely to returne all writs and precepts to hym directed and truely to execute the same accordinge as hee shall bee commaunded in the same Wryts and prece●ts And that bee take nothyng of any person for doing his offyce but the due accustomable fees to hym belonging And that hee duely holde and keepe hys Countyes Courtes and turnes according to the our course of the Lawe Upon these three poynetes dependeth the whole charge and effect of hys offyce The offyce of the Shyriffe is to returne good sufficient and reasonable issues and vpon such persons as haue sufficient goods or lands according to the statute of Westminster An. ij capitulo .xxxix. and Edwardi tertij capitulo quinto The Shiriffe ought to take the inditements foūo before him in his turne by Indenture and so shall Bayliffs of fraunchises one parte whereof shall remayne with the Indytours An. secundo Edwardi tertij Capitulo .17 The Shiriffe may arrest men ryding or going armed and commit them to pryson there to remayne at the Kings pleasure .2 Ed. 3. cap. 5. at Northampton Shiriffes and vnder Shiriffes shall receyue ●rits in euery place within y county without taking ought shal make a vil whych i● they reful● other that hee present shall pu● to their Seales And if they returne not the same writs they shall be punished and shall re●der damages to y party .2 Ed. 3. cap. 5. at Northampton Shyriffes and Iaylours shall receyue Theeues indited or taken wyth the maner without taking any thynge for the receypt .4 Ed. 3. cap. 10. Shyriffes shall lease theyr hundredes Wapentakes after the olde fearme not aboue An. 4. Ed. 3. cap. 25. and An. 14. Ed. 3. cap. 8. Shiriffs ought to arrest persons suspect of felony going by night or by day whych be of euill fame .11 Ed. 3. cap. 14. The shiriff i● one coūty shall haue no moe Bayliffes errant but one .14 Ed. 3. cap. 9. Shyriffes ought to keepe their turnes euery yeare within a moneth after Easter and wythin a moneth after Mychaelmas xiii .xxxi Edwardi tertij cap. xiiii Shyriffes that leuy issues fines and amerciamentes in the County ought to haue the extreates ensealed with the seale of the Eschequer so that as much as is payd may ●oe blotted And if any shiriffe or Mynister doe the contrary he shall render to the party tryple damages and shall make 〈◊〉 to the King and the sute hereof may be aswell before Iustices of peace as before other Iustices .xxiiii. Edward ter cap. ix The Shyriffes shall aray the panneis of Assises foure dayes before the session● at the least vppon payne of .xx. li. And Bayliffes of liberties shall make returne to Shyriffes sixe dayes before the sessions vpon the same paine● 〈…〉 .3 cap. ix T● 〈…〉 ought to examyne Loyterers 〈◊〉 ●agarantes and compel them to finde ●●rety of theyr good behauior ●y sufficient mainpryse of such as bee distrey●able if any defaulte bee found in such vagarantes And if they cannot finde such surety then to commaund them to the next Iayle there to remayne vntill the comming of the Iustices of Iayle deliuery they to doe with such vagarants as they shal thinke best .vii. Richardi .ii. cap. vii The Shiriffe shall bee bounden foure tymes in the yere to make Proclamation of the Statute of Wynchester in euery hūdreth of his Bayliwicke The Shiriffe ought to take swords Daggers and hangers from Seruauntes labourers and Seruaunts of craftes men and vitaylers that weare them vnlesse it be in time of Warre or when they labour in the countrey with theyr maysters or vpon theyr busines And the Shiriffe shall keepe y● same weapons which they shall present vnto the Iusticers of the peace at their sessions with the names of them that bare them .xii. Richardi ii cap. vi Shiriffes ought to receiue Labourers Seruaunts Beggers and Uagabonds and them detaine in Pryson wythout bayle or mainpryse and wythout fee or taking any thing at their entre or going out of Prisō vpon payn to forfayt a C.li. to the King .xi. R. ii cap. ix Shiriffes and other ministers of the Kyng so soone as they haue knowledge of assembles and roiots with outragiōs nūber of people ought with the power of the shyre to goe and make resistaunce agaynste such malite wyth all theyr strength and shall 〈…〉 and keepe them in prison vntill the due punishment of the law be executed vppon them And all manner of Lordes and other the kings true lyege mē ought to bee assistent with all their power strēgth to ayde the Shiriffes and other ministers therein 17. Ric. 2. cap. 8. Shiriffes ought to be personally dwelling in their Bayliwickes for the tyme and they shall not let thē to farme 4. H. 4. ca. 5. Shiriffes ought to see and prouyde that neyther their vnder Shiriffes Bapliffes Clarkes nor receyuers shal bee atturneis in the Kinges Courts for the tyme of their office .i. H. 5. cap 4. Shiriffes ought to let to mainpryse persons ind●ted of heresy and Iollardes which are in their keeping within x. dayes vnder good suretyes so that they appeare before the end of the sayd .x. dayes 2. Hen. 5. ca. 7. Shiriffes shal cause the Statute of prirueiours to bee proclaymed foure tymes in the yere vpon paine of C-li for euery time that hee fayleth so to do And vppon lyke payne shall deliuer the same to his successours to be proclaymed ● Hen. 6. cap. 2. Shiriffes muste make due election of the Knightes of the Parliament ix H. 6. ca. 40 Shiriffes must returne such persons Knightes of the Parliament which be chosen by the greatter number of the freeholders dwellyng in the county which may expend xl.s. yerely aboue all charges And that those Knightes ●ee dwellinge within the same county And that he examine euery freholder at such elections vppon a booke how much he may expend And if any Shiriffe returne other knightes hee shall forfayte an hundred li. to the king and shall haue one yeares imprisoment without bayle or maynpryse Shiriffes vpon a precept made vnto thē by Iustices of the peace to inquire for forcible entre shall returne vppon euery of the i●rours xx.s in fynes at the first day And Iustices of the peace shall heare and determine such defaultes of Shiriffes by Bill of the suite of the party or ●y inditement And they shal loose xx li. for euery defaulte And hee that will sue shall haue the one halfe 13. Hen. 6. cap. 9. To anoyd robberyes and spoyles vppon the riuer of Seuerue by y coastes of the Forrestes of Deane
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
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