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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 double value of the goods so taken vnto the parties endamaged suing therefore by action of debt wherein no wager of Law essoyne nor protection shall in any wise be allowed to the defendaunt .i. Richardi ii capitulo .iii. Bayliffes of Liberties that be Iailers haue the keeping of Iailes shall certifye the names of euery prisoner in his Iayle that is there for felony at the next generall Iayle deliuery in euery County or franchyse where such Iayle is to bee kalendred before the Iusticers of the same Iayle delyuery vppon pain to forfait for euery default there recorded v.l.iii Hen viii cap. iii. Al Bayliffes and other head officers and euery of them findyng or knowyng any person vsing or exercising any vnlawful games contrary to the statutes haue power to commit euery such offender to ward and there to remaine in prisō without baile or mainprise till such time as he be bound by obligation in such summe as by discretion of hym that taketh the bonde seemeth reasonable to the kings vse that he shal play no more An. vi H viii cap. ii All statutes made agaynst Siriffes vnder Shiriffes Baylifs or other Ministers for making returnyng of pannels or Iuries or for due execution of seruing of Writs or other processe or for takyng of fees or for the reformation of extortions or for any other thinge concernyng their office and all paynes contayned in euery such Statute shal be extended to all stewards bayliffes other ministers and officers of Liberties and franchises hauing returne of writs and execution thereof in like maner as they extende to Shiriffes theyr vndershiriffes bayliffes or other ministers sauing that the bayliffes and officers of liberties may ocupy their offices for as longe time as they shal be geuē vnto them An. xxvii Henrici octaui capitulo .xxiii. ¶ The office of Escheators YE shall inquire of Escheators if they haue duely executed theyr Office and if they haue taken any more for doing thereof then they ought or if they haue committed done any extortion or oppressiō vnto that kings people by colour of their office And therefore yee shall vnderstand that no Escheator oughte to meddle or inquyre for the Kynge but in case where the Kyng of right ought to bee intituled and haue the Land or thinge that is found for him by the inquest for if one hold of the Kyng as of hys Duchy of Lancaster by knights seruice and dye his heyre being wythin age the Kynge to haue the ward of the heyre and the land And yet in case that if the Escheator finde it by Office hee shall haue nothyng for the findyng thereof because the Tenaunt helde not of the Kynge in chief as of his Crowne And therefore the King may enter and sease the Land and the Heyre wythout office and may graunt it In like manner if the Eschetor finde by Office that one died seased and helde of other Lordes and not of the Kynge by Knightes seruice and that he is deade and his heyre wythin age the Escheator shall demaunde nothing of ryghte for findyng of such an Office. And so if he finde an office that one dyed seased of such a manner in fee and helde of the Kynge as of such an honor or Castell by knights seruice and his Heyre within age yet oughte not the Escheatour to haue any fee or duety for the findyng of that office and if ●e take any thynge therefore it is extortion which is well proued by the writ of diem clausit extremum the wordes whereof bee these Quia Georgius Per. qui de nobis tenuit in capite die quo obijt diem clausit extremum vt accepimus ideo tibi precepimus Whereby it appeareth if one holde not of the Kynge in chiefe the Escheator ought not to haue the fee of xl.s. for fynding of the Office. And if he take it in that behalfe it is extortion And in assise if the defendant say that the Landes are seased into the Kings hands by the Escheator and the Escheator being there present and examined by the Iusticers thereuppon doth confesse that he hath seased the Lands into the kinges handes where indeede he hath not so done in this case the escheator doth wronge to the plaintif whych may haue an action vpon his case agaynst the Escheator for his faished and for that delay that he hath sustained through that confession by suing to the Kinge for a Procedendo None shal be subescheator vnlesse hee haue sufficient la●d in those places where he is officer to aunswere to the king and his people in case that any will complaine against thē Anno quarto Edwardi tertij cap ix Anno. v tiusoem cap. iiii The Escheators shall bee chosen euery yere as the Shiriffes shall bee by the same persons that chose the Shiriffes And that no Escheator shall abyde in hys office aboue one yere An. xiii Edwardi tertij capitulo .vii. The Escheators shall not doe waste in Bishoprickes and other places during the vacation of them neither shall sell vnder woods nor chase in parke or warraunts nor fish in Pondes or free fishings nor may take no fines of any tenements free nor bound but shall cause them to be kept and saued without doing damage or any maner of oppressiō An. xxiiii E. iii. cap. iiii So by this statute it appeareth that it appertayneth to the office of an Escheator to sease the temporalities of Archbishoprickes Byshoprickes and Abayes of the kings foundation during the vacation of the same and take the profites and to accompte for them to the Kynge in the Escheker how be it there is an other statute made in the same yeare in the effecte whereof is that if the Deane and Chap. Prior or supprior wil take temporalities to Fearme paying the value according to the remembraūces in the Eschecker that they shall haue them before any other And by an other statute made the same yeare cap. quinto the Chauncelour Treasurer of the Eschecker taking to them such other of the counsaile as they shall thinke good shall lease the vacations of Archbishoprickes Bishoprickes Abbeis Prioryes and other Houses of religion the auoydance whereof belonge to the king the Deane and Chap. Prior or Supprior Prioresse or Supprioresse Couent at a certaine rent to pay by the yeare quarter or Moneth during the vacations as they shall thynke best without makyng fine And neither the Escheator nor any other officer shall seeke cause or matter to enter or to meddle or do any thynge in a preiudice of the Churche Sauing to the King and his heyres knights fees aduousons Escheates wardes Mariages reliefes and seruices to the said fees belonging In witnes whereof the kynge caused his letters Patentes to bee made thereof dated at West the viii day of Apryll The yeare aboue mencioned whereby it appereth that the authority aforesayd to make Leases was geuen to the Chaunceller the Treasurer by the kings letters patents c. Anno .xiiii. E.
iii. cap. vi The escheators other the kings ministers must make accompte in the Eschecker after this manner that is of Lands and tenemēts whereof profit ariseth from tyme to tyme throughout the yeare as of Milles Harbages to●pleas profites of cources or such other issues and profites they shal be bounden to aunswere the king for the rate value of the tyme accordyng to the old course of the Escheker And touchyng auncyent fearmes and rentes that are to be payde at certayn tearmes as rent seeke and rent seruice whereof no profit ariseth vntil the daye of paiment such rents and fearmes shal bee paid vnto them that haue liuery thereof out of the Kings hand at the termes of paiment of the said fearmes and rents next folowyng such liuery made as wel for the tymes paste as the time to come .xxviii. Ed. iii. cap. iiii The Kinge and his Progenitors haue bene seased at forfaitours of Warres tyme out of mynde that is aswell of Landes and possessions as of goodes and cattels And by colour thereof the Escheators by their office haue seased many landes and tenemētes as forfaytes to the Kynge surmising treason in some persons beyng dead at the tyme of the seaser whych neuer were attaynted in theyr liues the Kyng hath ordayned touching such forfaytures that fell in the tyme of his Graūdfather and before that so soone as an inquest thereof shall be returned into the Chauncery by any Escheator or other that hath power to enquyre thereof the Tenaunt shall not hee put out of possession but shall bee warned by a Scire facias to appeare at a certaine day for to answere vnto the same if he will if no such forfaiture be sound the kinges hand shall bee closed so that in all other cases of forfaitures of treason by persons deceased nor attaynted nor iudged in theyr Lyues their heyres nor lād Tenauntes shall not bee chalenged nor impeached of any other Forfaytures but of those onely that haue bene iudged in tyme paste afore the death of certayne persons by presentment in Eire in the Kings Bench as of felons of the king other And therefore it seemeth that if one moue warre agaynste the King in his realme and is slayne in the same then the Escheator may sease the lands tenements as forfaitour of Warre without any other inquiry to be made thereof Euery Escheatour muste take his inquestes of office of good and lawfull men sufficient of inheritance and of good fame of the same county where the inquiry shall be made And the inquestes shal be indented betwene the escheators and the iurours if it be otherwise done they shall bee voyd and they shal be taken in good townes openly Trauerse may be taken to the escheators office whereby any alienation or dying seased or that the heire is within age and the land holden of the Kyng in chiefe is found Lands seased into the kyngs Handes by reason of ward shal be kept without waste And the escheators shall haue no fee of venison fish nor other thing but shall answere the Kinge of the issues and yearely profites arising of the sayd lands without wast And if he do otherwise then to make fine at the Kings will and to pay treble damages at the sute of the heyre as well within age as of full age And if he be within age hys Freendes shall haue the sute for him answeryng to the heyre of that that shall bee so recouered of him Concerning other landes seased into the Kynges handes by inquest of office by the escheators this foresayd ordinaūce and punishment shall holde place agaynste the escheator And if any make claime to lands so beeing seased the Escheator shall returne an in inquest into the Chauncery with in one moneth after such seaser so that a writ he deliuered to him to certifie the cause of the seaser and there shall the party bee harde to trauerse the Office or otherwise to shew his ryght And the Chauncellour vppon his owne discretion if hee see cause may sease the Lands to the Tenaunt paying to the king the value if it belong to the king so that he findes surety that he shall doe no wast until it be adiudged And the Escheators shall take theyr inquestes in good townes and by honest Men openly by Indenture to be made betweene the Escheator and them of the inquest And if he doe contrary to this ordinaunce then to haue two yeares imprysonment and further to make fine at the Kinges pleasure Anno. xxxvi Ed. iii. cap. xxii None shall bee Escheator if he haue not xx li. Land at the least or more in fee and that they execute their office in proper persō And if he be otherwise then to be put out whereby it appeareth that the Subescheator can not inquyre nor fynd offyce An. xli Edwardi iii. capitulo v. Escheators nor Commissioners shal not take inquest but by those that be impannelled and returned to the shiriffe and if they doe other wyse and bee conuicte by examination or otherwyse at the sute of the party or of the Kinge or any other person that will sue they shall incurrethe payne of xl.li the moitye to him at whose sute they shall be counict And that no landes seased into the kings handes shal be let to fearme by the Chauncellour vntill the inqueste and vervits bee returned into the Chauncery and by one moneth after the same returne except it bee to the party grieued which was put out of those lands by the inquestes and will offer to trauerse them and shewe good euydence and and finde sufficient suretie to sue his trauerse with effect and to pay to the king the yearely value of the lands● If it happen to be discussed for the kinge And if any Letters patentes of any lands or tenements to the contrary be made to any other persō then to him that offereth to trauerse or hee let to fearme with in a moneth nexte to the sayd moneth of returne they shal be voyd and holden for none A viii H. vi cap. xix Escheators and Commissioners shall returne the inquestes taken before them into the chauncery or in the Eschecker with in one moneth next after the takyng of the same vppon payne of xx l. the one moitye to the King the other to him that wil sue An. viii Hen. vi cap xix And if any Escheator take any office before him and do not returne the same into the Chauncery or the eschecker within the moneth next after the taking thereof he shal incurre the pain of forty poūd forfait by the statute made Anno. viii Heurici .vi. and further shal be bounden to pay to the King as much as he is indamaged by the not returnyng of the same And that the Chaūcellour of Englād callyng to hym the Treasurer of England may lease such Fearmes for the due execution of the sayd Statute Neuerthelesse it appeareth that the same statute giueth but xx pound of forfait against the
Escheator or cōmissioner Therefore search for the true record of both the statutes An xviii Hen. vi capitulo .vii. Escheators must take their inqueste of office by vertue of the writs of diem clausit extremum and other Writtes wythin one moneth after the receipte of the same And that such inquestes be taken in good townes and open places And that none of them priuily nor openly by him selfe or by other take any thynge for the execution of such wryts in one county aboue the summe of vis viii d or xiii ● iiii d or vnder wyth hys labour and his costs so that the same that he hath taken altogither exceede not aboue xi s. for the execution of any such wryt in one county And if he do contrary to the premisses thē to forfait the sūme of xl.l the moytie to him that wyll sue for the kyng and hymself An. xxiii Hen. vi cap. xvii None shall be Escheators if hee haue not Landes or Tenements to the value of .xx Pounde wythin the Countye for terme of Lyfe nor in the Countye where hee is Escheator Nor no Escheator shal let hys office to fearme nor make deputy other then hee wyll at his peryll answere for whose name he must certify by hys Letters patentes to the Treasurer and Barons of the Escheker for the tyme beyng wythin .xx. dayes after such deputation made And that no such deputy take vppon hym to occupy in the said office vnlesse the Escheator haue Lands tenementes or Rentes to the yerely value of xx.l. as before is sayde And if any Person do contrary to the premisses or any of them then to forfayte for euery defaulte xl.li the one moitye to hym that wyll sue and the other to the vse of the Kyngs house by action of debt where no wager of law essoine or protection shal lye .22 E. 4 cap ix No Shiriffe Escheator nor other persō shall sease or take the goodes of any person arrested or imprisoned for felony before the same person so arrested or imprisoned bee conuicte or attaynted of the same felony accordyng to the law of England or that the same goods shall be otherwyse forfayted vpon payne to forfayte the double value of the goods taken to the party damaged suinge therfore by action of debt where no wager of law essoyne nor protection shal lye An. 1. R. cap. 3 If any Escheator or commissioner put in to any of the kinges courtes any inquisition or office concerning landes or tenementes or other hereditamentes not found nor presented by the oathes of 12. men and indēted by them sealed then to forfayte for euerye such offēce returned and put vnto any of the kinges courtes on C.ii. to the party grieued A. iii. Hen vii cap. ii No Escheator nor other Commissioner shall sit by vertue of any commission to inquire of landes or tenementes except hee haue landes or tenementes or hereditamēts to the yerely value of fourty markes ouer all charges vpon payne of xx pound The Escheators and Commissioners shall be discharged by theyr othes that they may not dispend xl Marke ouer all Charges and that vppon proces made agaynste them out of the Eschecker The Escheators and Commissioners shal sit in opē places shall suffer euery person to giue euidence openly in theyr presence to the inquest taken before them vpon paine of xx.l The Iary shal receiue the Counterpayne of the Indenture that shal be presented indētēd and sealed by the Escheator Commissioners and to rest in the possessiō of the first man that was sworne in the same Iury vpon paine of euery person that shal be sworne .xx. shillings And euery Escheator and Commissioner after the Iury is sworne and ready to gyue theyr verdit and offer to present the same that the same Escheators or Commissioners or part of them shal receiue the same verdit without further delay vpon paine of a C li. deliuer the counterpaine of the same Indenture to the Iury in fourme before sayd vppon the same paine And if the Clarke of the pety Bagge or his deputye will not receiue such Offices and put it into the Fyles to remayne of recorde wythin three dayes after it be receaued or offered to be receaued he to forfayte for euery such default xl.l● And y cōmissiner Escheator to be discharged of the penalty of xl.li lymitted by the Statute for none returning of the same offyces or inquisition wythin one moneth The like lawe penalty to bee agaynst the officers in the kings Eschequer which ought to receiue such inquisition for refusing so to receiue them And the Commissioners and Escheators to bee discharged of the penalty for not returninge of the same inquisition so made by the sayde Escheators or Commissioners at any tyme after the moneth of such office before thē founde or before any of them wythin an other moneth then next ensuing returned the sayde office into the Chaūcery or Eschequer as the case shall require And the clark of the Pety bag to certify the transcript of euery such offyce taken before any commissioner or Escheator into the Eschequer the nexte tearme following the receipt thereof vpon payne of ● C.s. for euery default And no man be compelled to occupy the office of Escheator by any patent ouer one whole yeare hee that is once Escheator shall not be Escheator agayne wythin .iij. yeres next after that sayd whole yere ended If any Escheator exercise his offyce by reason of any Patent ouer the tyme of one whole yeare ended or bee made Escheator within .iij. yeres after then after the sayd whole yeare ended hys patent so made to be voyd the party grieued shall haue his recouery of euery of the sayd forfaytoures of one C.li. by action of debt where no wager of law essoyn nor protection be allowed There hee dyuers prouisions made for dyuers Escheators in Cities Boroughs and in diuers counties And if the Lands or tenementes of any man be seased in the kynges hande by vertue of any office founde before the Escheator or Cōmissioner or by reason of any other recorde foūde in the Chauncery or the Escheker be y is so put out of his landes by reason of such recorde or offyce so found come and trauerse that Recorde or Office and it is found for hym wherevpon he hath his iudgement that the Kyngs hands bee closed amoued nowe if so bee that there bee an other recorde or office found remayning amongest the Kyngs recordes which is not trauersed nor tryed yet shall not the Escheator sease the lands agayne into the kings handes by the reason of the recorde b●ing founde not trauersed And if he doe then both hee wronge and exto●cion and the party that is put out shall haue assyse against him and shall recouer double damages agaynst hym But in this case the king must sue a Scire facias agaynst hym that hath the lands out of his hands vpon thys other record or office that was not trauersed
not by others if it bee not for great scarcity of hundreders For then it shal be done by other persons conueniēt sworne The statute of Lincolne the last capi Shiriffes shall not be charged with the leauinge of any issues nor shall leuy● any before they come out of y Eschequer by the extreats there to be leuyed And if percase any Shiriff returne issues vpon any recognitor pledg or manucaptor by hym assessed and returned into our courte whych to the payment of the same Issues or Amerciaments at the time of the returne was insufficient y same shyriffe shal be charged there wyth at the Eschequer shal make tayles to any person of all maner thynges by hym receyued and shall not returne any where the names of Manucaptors Iutours or other except it be according to the tenour of y Wryts to them dyrected nor shall returne the names of pledges of freemen any where vnles they haue manyfestly confessed themselues pleadges The statute of fines cap. 2. No shyriff Coroner or other the kyngs mynisters shall take no rewarde for doing his offyce and if he do he shall pay the double and shal be punished at the kynges will but shall be payd of that which they take of the kyng West i. cap. 26. Shiriffes shall not suffer any barretour or mayntayners of matters within his coūty neyther stewards of great Lordes other which bee not atturneyes to their Lordes to do their suites nor to sit vpon the iudgementes of the County nor to pronounce them except hee bee thereto required of all the Suters atturneys that shall be there at the same io●rney And if he doe the contrary the kyng shall take it gr●euously to the Shiriffe and the offendour Westminster prime capitulo 31. It shal be lawfull for euery Shiriff Iusticer of peace and Escheator to sease to y Kinges vse all such goods and cattels that such persons as come withing thys Realme that ●e called Egyptians haue thereof to make account to the Kyng in his Eschequer to retayne keepe y moyty thereof to his owne vse account for the residue to pay no fees for the accoūt nor for his discharge thereof In these Statutes it appeareth what thing the shirif ought to do by reason of his office and that hee ought not to take any thinge for doing his offyce but onely that which is appoynted to him by the same statute And if hee do or take any thyng otherwise it is extor●ion which ought to be enquired vppon by the Iustices of the peace the Shiriffe shal be punished therefore And if any shiriffe doe any extortion to the people and ●ee duely attaynted thereof hee shall straytely be punished therefore at the pleasure of the Kyng Anno primo H. 4. captulo 9. Shyriffes may and are bound to enquire of cōmon annoysances done to all maner of the Kynges Subiects but not of assaultes made vppon any priuate person for that is but a particuler offence by Martin 4. Henrici sexti The shiriffe must keepe his turne wythin a moneth after Easter and wythin a moneth after the feaste of S. Michael And if be keepe it at any tyme after the moneth of the sayd feasts it is voyde by the statute of An. 31. E. 3. cap. 19. And all inditements presentmentes there taken after the same tyme be voyde Bloudshed shal be enquired of in the Shyriffes turne because it is an article that is to be inquired of in a Leete All Leetes be deriued taken out of the Shiriffs turnes in so much that for defaulte of enquiry in leetes of things enquirable there the same thinges there omitted ought to be inquired of in the turnes of shiriffes 8. E. 4. And all the Iusticers sayde that the shyriffe in his turne hath aucthority to inquire of all things that be trespasse or felony by the cōmon law except the death of a man but of trespasse or felony made by Statute the Shiriffe in his turne hath no power to enquire of M. 28. Edwardi 3. And if the Shiriffe in his turne inquire of Nusances that shoulde bee inquired of in the Leete of an other the same be foūd yet may hee not distreyne for the amerciament of such a presentment For if he doe he is trespassour But if there were a default in the Lord of y Leete that he would not inquire or finde the sūme when he ought to haue inquired thereof in thys case it seemeth that y Shyriffe in hys turne may enquire of it in default of the Lord M.xxviij E. 3 And if one haue a fayre or market by graūt or prescription keepe not his fayre or market as he ought the shiriff ought to inquire thereof in his turne 22 Hen. 6. Uppon presentment of Nusance in the shiriffes turne the party shall bee ame●●ed there by the shiryffe which may distrayne for the amerciament And if propre stare be presented there the Shiriffe may abate the same and refourme it P. 26. E. 3. Also it appeareth by the booke of Br●tō that vnto the turne of the shiryffe ought to come all the freeholders of the hūdred and other land tenaunts Clarkes men of Religion and Women onely excepted where at the shiriffe shal cause .3 of the most sage and sufficient persons of the hundred to bee sworne And then shall all the residue bee sworne by dosins and by the townes which shall make their presentment to the first xii Iurours vppon the article wherewith they shal be charged And it seemeth that the Shiriffe ought to holde his turne in euery hundred within the county VVhat thinges be enquireable in the Shiriffes turne FIrst they shal enquire if there be any misdoer in the hūdred of whom any standeth in doubt of Lyfe or Lym and what is his name Also they shall enquire of all mortall enemyes to the King y Queene their children and councellours of counterfaytyng the Kings seale or his money of ma●stears and murderers burners of others corne or house ● feloniously of Burglours of robbers of theeues of outlawes of those that haue abiured the Realme and come agayne of Sorcerers and witches of miscreances heretykes of traytours and of poysoners of ●utters of purses of Usurers of bittailers buying and felling wittyngly stolne flesh of them that wittinglye make whyte the Skinnes of Beast●s stolne of redubbours that witingly ●●ye stolen clothes dresse them into an other fashion of treasure hyd in the grounde hues and cryes wrongfully or rightfully leuyed not pursued or waters stopped straightned or turned of boundes pulled vp or wrongfullye chaunged of Walles houses Gates marle pits Ditches or other disturbaunces made or le●●d vppon any common waye to the annoyance or pety bribours that sheare sheepe to haue the wolle of such as take the boote and of those that haue made a prisō of their owne house or houshold of pounde breach of trespassours in parke pondes of takers of other mens Dooues of the assise of bread and
dwell for suspection of felony were attached by hym and praysed by inquest and inrolled accordinge therevnto and deliuered vnto the townes where those goods were found to keepe safely vntill the comming of the Iusticers in Eire 19. Also if he suffer appeals or other plaints to hym made to be cōueyed away imbeaseled or caried out of the roiles and if he take ought for such falshed of whom how much and how many tymes 20. And if there were any treasure found in the tyme of the sayd Coroner in what and what maner of treasure and howe much and in whose handes it resteth by whose deliueraunce This is the whole charge that Iustices in Eire must geue for inquiry of Coroners of their defaults Furthermore Iusticers in Eire may impanell other Inquestes of 24. persons of the body of the county to inquire of the cōcealement of y first inquests whych dyd inquire of the defaultes of the Coroners When Coroners haue any knowledge from the Kings Bayliffes or other honest men of the countrey for to go vnto such as be slayne or sodenly deade or wounded or breakers of houses or to any● place where treasure is sayd to be founde they must goe forthwith commaund foure fiue or sixe of the next Towneships that they be afore them at such a day place and when they shall come thē the Coroner must make inquiry thereof in forme following First if the person were slayne in house or in the field in bed or at the Tauerne c. and who be guilty thereof eyther of y déede or cōsent● c. And if any be in y court which were there so y they can speake or haue any discretion and they that be found guilty by inquest shall be taken and delyuered to y Shyriffe And such as were present and be not guilty shall be attached vntill the comming of the Iusticers their names shall be written in the Coroners Rolle If any be sodaynely flayne in fields or in Woodes it is first to bee seene whether he were slayne there or not and if he were not slayne there then as neere as they can they shall followe the steps of hym that brought the body thither with horse or carte if it be possible in case the murderer be knowen if he be a straūger then shall they inquyre where he was lodged the night before and touching such as shal be founde● guilty the Coroner shal go immediately to their houses and inquire what goods Landes they haue and how much they bee worthe by the yere But by the statute of King Rychard the third it is ordayned that the lands and goods of such persons shall not bee seased vntill they bee attaynted or otherwyse conuict by course of the law And these things thus being inquired the bodyes shall bee buryed incontinent Moreouer they must inquire of such as bee drowned or deade sodaynely and whether they were drowned strāgled or slaine and they must enquire who were the fynders and they may bee attached also they must view the length breadth and deepnes of all woundes must inquyre wyth what weapons and in what place of the body and if the wound be mortall the offendour shal bee kept vntill it bee knowen whether the party may be whole And if the wound be great then hee shal be let goe vnder foure or sixe pleadges if it be but little then 2. pleadges shall suffyce Also they must inquire of horses Cartes and other thynges whereby any was slayne that they may be praysed and deliuered 〈◊〉 s Also they shall inquire of wrecks of the Sea and if any lay hand vpon it he shal be attached by good pleadges and the wreck shall bee prysed and delyuered to the nexte towneships Further more Hue and Cry shall bee leuyed vppon all Manslaughters Burglaries as when any is slaine or in perill of death if it may be And all shall followe such hue and cry if they bee able and they that doe not shall bee attached to appeare before the Iusticers c. Also if any person flee vnto the Church or other halowed place for Murder Felony or such lyke offence the Coroner vppon knowledge thereof shall come thyther and take hys confession and if hee will abiure the Realme the Coroner shall receiue hys abiuration which he shall say in this forme The fourme of abiuration HEare you this Syr Coroner that I A. B. am a Theefe of one horse or other like thing or a mans●ear of one man or mo and a felon of our Soueraigne Lord kynge Henry the viij And for asmuch as I haue committed many eu'll deedes and felonyes in thys Realme I heere abiure hys Lande for euer and shall make as much hast as I cā to that Ha●en of O. which you haue assygned mee and I shall not depart out of the high way if I do I will y I be taken as theefe and felon of the king Aud further I shall diligētly seeke my passage at the place aboue lymitted I shall not abyde there any longer then one Eb one Floud if I may haue passage And if I can haue no Passage in so much space I shall goe euery day into the Sea vp to my 〈◊〉 and assay if I can get ouer And if I cannot so do wythin xl dayes continuing I shall yeeld my ●elfe againe to the Church as the kinges theefe and felon So helpe me God and holydome Neuertheles it seemeth that when any person shal abiure him it behoneth to shew the place the day and yere and in what coūty he did the felony or murder which confession shal be as an inditement in effect notwithstandyng if hee do it not but onely as before is expressed it is good inough because he is attayned before by hys abiuration How beit this maner of abiuration is put out of the statute of Henry the eight made the xii yere of his raygne whereby it is ordayned that such as will abiure shall make their abiuration from all their liberty vnto some sanctuary within this realme there to remayne ouryng their lyues and shal be burned in the ryght hand with thys letter A. And if such person afterward bee taken out of Sanctuary hee shal be ordered in lyke maner as one that had bene abiured the Realme before the said statute And the same person y so taketh the church shal make hys abiuration and shall take hys passage from thence at such a day and tyme as the Coroner shall appoynt and shal be marked vppon the braune of his thumb on the right hand with a burning Iron and shal be ●●●ueyed to the Sainctuary wherunto he is abiured by the Maiors Bayliffes and Constables in such fashion as they haue bene which heretofore had abiured the realme And if any felō refuse to abiure before the Coroner he shal be taken out of the sanctuary and shall loose the priuiledge thereof that is by the Statute 22. H. 8. cap 2. Also it is