the huÌ„dreds of Bloâ—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 notificatioÌ„ 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 iuâ—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 couÌ„ty which may expeÌ„de 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 whoÌ„ 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 offeÌ„ces 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. HeÌ„ vi cap. viii No Shiriffe shall let to fearme his county nor any of his Bayliwickes Hundreds Wapentakes No Shiriffe Bayliffe of fraÌ„chyse 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 attachmeÌ„t 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 peÌ„ce 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 ObligatioÌ„ 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 obligatioÌ„ 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 gâ—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 proclamaâ—ion at the next county after the deliueraunce of the same writtes that the Coroners CoÌ„stables 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 pouÌ„ds 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
Iusticers to be good And if any Shiriffe do not returne the same panell so reformed then euery Shiriffe so offending for euery such offence shal forfayte xx li. halfe to him that wil sue by actioÌ„ of debt bill of coÌ„plaint where such fall or be and no wager of law essoyne nor protection shal be allowed Also vpon euery exigent where writtes of proclamation are to be awarded y same wrytte of proclamation to haue the same day of returne that the exigene hath and to be deliueryâ— of recorde and the Shiriffe to make proclamation three seuerall dayes in hys playne county whereof one of the proclamations to bee made at the generall Sessions in those partes where the party is supposed to be dwelling that hee yeeld him selfe to the shiriffe of the forrayne Shyre that the shirife may haue the bodye at the day of the exigent returnable to answere to the plaints that the Shiriffe of the sayd County that hath such wryts of proclamation duely execute the same therof make due returne at the day appoynted in the wrytte vppon payne to forfayte such amerciament as by the Iustices shal be assessed Shiriffes Bayliffes Constables and all other head officers and euery of them findyng or knowing any person vsyng or exercising any vnlawfull game contrarye to the Statute haue full power to commit euery such offender to Ward there to remayne without bayle or maynpryse till such time as they so offending be bound by obligatioÌ„ to the kinges vse in such summes of money as by discretioÌ„ of the sayd Shiriffs or other officers shall bee thought reasonable that they from henceforth shall not vse any vnlawfull game .6 Hen. octa capi secundo If any impotent person beg within anye other place then within such limittes as hee shall bee assygned the Shiriffe and all other the kinges officers shall by their discretion punish such persons bâ— imprisonmeÌ„t in the Stockes by the space of two Dayes and two Nightes geuinge them Breade and Water onely and after that cause theÌ„ to be sworne to returne againe to the place where they be licensed to beg Anno. 32 HeÌ„ 8. capi duodecimo The Iusticers of peace vppon informatioÌ„ or presentment made against any township for none executyng of this acte shall make proces by distresse against the inhabitauÌ„tes of the Towne and thereby the shiriffe shal distrayne the goods of one or two of the inhabitauÌ„tes of the Towne as he maye know for negligeÌ„t in the Towne and retaine the distresse til they find surety to apeare at the Sessions before the Iusticer And vppon the returne of the Shiriffe of the distresse if the person appeare not theÌ„ euery such person to loose xl.d. the first distresse at the second distresse vi s.viii.d on hys defaulte and so to bee doubled at euery distresse tyll appearaunce bee had Shyriffes that haue custody of Iayles shal make seales to bee grauen wyth the name of the Castle that hee keepeth forâ—to geeuâ— and seale Wryts to prysoners acquited to beg for their fees within y bunâ—reth where he is delyuered by syxe weekes nexte after hys deliuerye and then to goe to the Hundreth where hee last dwelled by three yeare or where he was borne The shiriff shal not suffer any such prysoner to beg for hys fees nor to departe but to dooâ— seruice and laboure tyll that hee delyuer such Letter and the Clarke of the peace to make the bryefe within one daye after the Sessyons vppon payne of xii.d to the Kynge An. 22 Henri 8. capitulo .12 For distroyinge of Crowes Rooks and Choughes it is ordayned that euery persoÌ„ hauing any Manours lands tenemeÌ„ts in theyr manurance shall do as much as in him is reasonable to kyl destroy the same Crowes and Choughs and Rookes breeding or abiding vpon his Landes or Tenementes vpon payne of a grieuous amerciament to bee set And if the offence be within the limmits of Leetes or Courte baroÌ„s then to be set by the Steward wyth two of the presentours by the Steward and preseÌ„tours to bee named vpon the presentmente found and presented and to bee reasonably assessed after the quality of the offence And the amerciament to be to the Lord of the law day and if any person be Lord of such Manours or inhabyte there wherevnto any such Laweday or Rape is belonging then vpon a presentment had before the shyriffe in his turne with two of the presentours to be chosen by the presentours shal ceasse the sayd amerciament by their discretion to the vse of the Kynge and leuyed by distresse An. 24. H. 8. cap. 10. And the Shyriffes in their turnes shall geue in charge to the tenauntes and Inhabytaunts appearing before them that they shall duely enquire and put in execution the effect of thys Acte Shiriffs shall holde their Courtes from moneth to moneth and where greater time is wont to be greater shal be Magna Carta cap. 33. The Kinge coÌ„maundeth that Shiriffes and their officers which receiue hys debts shall acquite lawfully the debtours at the next accomptes after that they haue receaued the debt and then it shall be allowed at the Eschequer so y it shall not come in the sommons after And if the shiriff do otherwyse and be attaynted thereof he shal render three tymes so much as hee hath receaued and shall make fine at the kinges will. And if another do it for whose hande hee is aunswerable at the Eschequer hee shall render the triple thereof to the playntiffe shall make fine in the same And the shiriffe shall make tayles to all theÌ„ that haue payd hym the Kings debts Westminster primo Capituli noâ—o Concerning Shyriffes and other which haue leuyed the Kings debt make rayâ—es or other acquiâ—taunce to the debtour and discharge him not it is agreed that when the shiriff is impleaded therefore in the Eâ—cheâ—er by the debter if he come not at the distres then shall another distres be awarded returnable at a certayn day wherein it shal be commaunded that proclamatioÌ„ be made in the full county y the defendauÌ„t shall come in by a certayne day to acquite the debtour of the suÌ„me for which hee made hym y acquitauÌ„ce or tayle at whych if hee come not in the wryt bee returned and the proclamation certified hee shal be holden conuict and the debt shall bee leuied of him in lyke maner as debt recouered agaynst hym in the kinges courte damages shal be awarded to the playntif according to the discreation of the Barons 14. Ed. 2. In the Statute of Attayntes in the last chap. The Kinge commaundeth that all hys Shiriffes and Baylifes whych haue receaued hys debts of the somons of the Eschequers which acquite not the debtours vpon the next accompte shall be punyshed accordyng to the estatute made Distresses of y Eschequer Capitulo quinto It is ordayned that execution of Wryts whych come to the Shiriffe be made by the hundreders knowne and swornâ— and in the full County and
ale broken of them that buy and sell by measure agaynst the assise of chaunce medleyes of contectours of bloodshed watches vnkept of the kinges high wayes not enlarged of those that haue kept appeachers in any other prison theÌ„ the kings or any other felon aboue a day and a night of newe libertyes customes or iurisdictions vsurped since the last turne on water or on land of weffes or wreckes of the sea founde and kent away of brydges and causies broken and who ought to repaire them and of thosâ— that clayme fraunchises or iudgementeâ— reall and of all those of the age of twelâ— yeares â—one out of the hundred which â—e not come into their turne except Clarkes Knightes their Children and wiues which bee not in do sins of vagabondes by the countrey which are of no mans retinue of whom there is an euill suspicion of lewde demeanour And when the townes haue geuen their verdite to the first Iurours then immediately shal the first Iurours goe and geue vp their presentment such as they will abyde by And the presentmeÌ„t of felons they shall shew priuily and the other openly Breton lib. â— fol. 38. Nowe must yee inquire further if Bayliffes of libertyes and frauÌ„chises haue duely done their office which resteth in three pointes which is that they truely execute the preceptes which be directed vnto them according to the tenours of the same and that they make due answere and returne to the Shiriffe of the same preceptes and that he take nothing for doing his office but onely the fees to hym due and appoynted by the course of the law And what fees they shall take and what thyng they ought to doe by reason of theyr office shal appeare more plainly here folowing The office of Bayliffes of libertyes VPpon a precept made by the Shiriffe to a Bailiffe of libertye vppon a writte of distresse directed to y Shiriffe to distraine the refendant or the Iurours in any inquest the Bayliffe must returne good and sufficient issues vppon the defendauÌ„t or vpon the Iurous if they haue sufficient goodes or landes within hys Bayliweeke and if hâ—e do not the plaintiffe in the action shal haue an auerment that hee might haue returned greatter issues if the defendauÌ„t make defait or the Iurours by the statute of â— Ed. 3. ca. 5. And the Iusticers of tâ—e peace must inquire if the Bayliffes haue done theyr office in that poynt Also they must inquire if Bayliffes of libertyes which bee keepers of any Iayle enforce any of their prisoners to be appealers to the intent to haue a fine of the partyes appealed for daubt of imprisonment â— Ed. 4. cap vii Bayliffes of lybertyes which take inditementes in their turnes or other where ought to take them by Indenture whereof the one part shall remayne with the Iâ—ditours and the other with the Bailiffe 2. Ed wardi 3. Cap. 17. Nonâ— shal be made Bayliffe of liberties cxcept he haue sufficient landes in the place where he is minister to make aunswere to the king and his people 4. Ed. 3. cap. 9. Bayliffes of libertyes which be Ioilours and haue the kepinge of prisons oughte to receyue and safely keepe all the eues deliuered to them by the CoÌ„stables of the townes being indited taken with the maner or appealed of felony without taking ought 4. Ed. 3. cap. 19. Bayliffes of libertyes must receyue such persons as be arrested in their fraunthise by the Constables for suspicion of felony that walke in the Country by night or be of euill name and shall keepe them in Prison vntill the comming of the Iustices of Iaile deliuery in the meane tyme the bailiffes must inquire of theÌ„ 5. E 3 cap. 14. Bailiffes of libertyes Constables other officers of townes where â—oyterers and bagabonds resort haue power to examine theÌ„ diligently compell them to find surety by sufficient mainpernours being distreinable of their good behauyour And if any default be founden in the same â—oyterers and bagabonds and cannot finde suerty they shal be sent to the next Iaile there to remayne vntil the comminge of the Iusticers of Iaile deliuerye which may do with them as they shall thinke best by the course of the law 7. R. 2. cap. 5. No seruaunt or labourer at the ende of his terme shall depart out of the hundred or Rape where hee is dwellinge to dwell any other where vnlesse hee bryng a letter patent contayning the cause of his going vnder the kinges seaâ—e thereto assigned And if any seruant labourer be found vagarant without such letter hee shal be taken forth by the Shirifs Maiors Bailifes or other officers and put in stoekes till hee fynde suerty of returne to the towne to serue from whence he came vntil he haue such a letter to depart for cause reasonable 12 R. 2. ca. 3. bailifs of libertyes haue power to arest seruantes labourers y wear daggers swordes knyfes and them to sease and keepe vntill the sessions of the peace and the weapons to present to the Iustices there with the names of them that bare them and the weapons shal be forfayte except they bee trauailing in the countrey with their maister or theyr landes or busynesse 12. R. 2. cap. 6. Shyriffes Bayliffes oâ— libertyes in theyr libertyes are bound to receiue seruauntes and labourers begging and vagarant and them to detayne in Prison without baile without taking anye fee or other thing of them at theyr entring or departing by them selues or by their deputies vppon paine of a C.s. to the king xii R. ii cap. 9. Bayliffes of libertyes to whom the keeping of the assyse of breade and ale and the correction of the same belongeth shall take no amerciament nor fyne for no default touching the sayd assise for which the offendour ought by the lawe to haue corporall penaunce but they shall iudge theym to the same penaunce And Baylifes of liberties and ail other that haue the keepinge and ouersyght of vittayles shall put in due execution the statute made in the 23. yere of Et the .3 which beginneth quia maior pars populi c. 13. R. 2. cap 8. Butchers Fishers Hostelers Bruers Bakers Pulters and all other sellers of vittayles are bounden to sell such maner of Uittailes at a reasonable price hauing regard to the price wherat such vittails are solde in other places neare so that they may haue a competent gaine and not excessiue according as by the distance of the places from whence the vittailes are carted they shall thinke reasonably to be required And if any sell vittailes in any other maner and thereof be conuict he shall pay the double of that he hath receiued to the party indamaged or in his default to any other that will sue therfore And maiors and Bailiffes of townes c. haue power to enquire of all such as offend agaynst this ordinaunce in any poynt and in case that the same Maiors and Bailiffes be negligent in doyng execution of the premisses and thereuppon
bee conuicted by the Iusticers assygned by vs they shal be coÌ„pelled by the same Iusticers to restore the triple value of the thing solde to the party greeued or to any other that in his defalt wil sue and neuerthelesse shal be greeuously punished against vs. 24. Ed. 3. capi 6. No Steward Bayliffe nor other minister of Lordes of fraunchise which haue returne of writtes shal be atturney to any person in any matter within the same fraunchise or Bayliwicke where hee is officer at any maner tyme 4. H. 4. cap xix If any haynous roiot â—e made the Iusticers of the peace the Shiriffe or vnder-Shyriffe ought to do their office according to the statute made 13. H. 4. And if they doe not at the suite of the party grieued â— coÌ„mission shall goe forth to inquire thereof and of the default of y Iusticers the Shiriffe and y Coroner shall serue the processe and he must returne persons y haue Lande to the yerely value of x. li and shall returne also xx.s in Issues at the first day and xl.s at the seconde and at the thirde a C. shillings and so double it at euery day after And if default be in the Coroner in returning the Issues or of persons of such lande bee shall leese .xl. pounde And if the olde Shiriff be discharged the new shiriff shall serue the processe and not the Coroner vppon payne of xl 〈◊〉 if the default he found in him touching the returne of other persons by him impanelled whych haue not landes to the yearely value of x.li or to returne such Issues as the Coroners bee charged with And Bayliffs of libertyes are bound for to impaneli sufficient persons as aboue is sayd vpon payne to leefe xlâ—l in case that such persons may be found within his bayliwicke 2. Hen. 5. Capitulo 8. Bayliffs of fraunchises ought to make their returnes and auÌ„swers vnto y shiriffe vpon hys precept made vnto them in a speciall wryt of assise .6 dayes before the daye of the sessions vppon payne to forfayte xl.li for euery tyme that they shall doe the contrary .vi. Hen. 6. cap. 2. Where a Precept is made to the Shyriffe by Iusticers of the peace to returne a panell to inquire of forcible entre and hee sendeth his precept to the bayliff of y liberty to returne the panell because y ryâ—â— was done within the Liberty nowe is the Baylyff bouÌ„den to make due returne and execution of the Precepts to hym dyrected vpon payne of xx.lâ— for euery defaulte And the statute wyll that the Shyriffe shall returne xx s. in issues vpoÌ„ euery Iurour at the first day that euery Iurour whych shall passe in y inquiry shall spend .xl. â— yearely where by it seemeth that bayliffs of lyberties are bounden to doe lykewise if so many of the sayd Iurours be within hys liberty for els he is not 8. Hen. 6. cap. 9. Bayliffs of lyberties in attayntes vppon plea of land of the yearely value of xi.s or more nor in attaynts for deedes coÌ„cerninge lands of lyke value nor in attayntes vppon personal actioÌ„s wherein the recouery exteÌ„deth vnto xl.lâ— or more shall not returne or impanell any person in such inquests but those that be dwelling wythin hys Baylywicke and that haue Estate to theyr owne vse in landes or tenemeÌ„ts for terme of Lyfe to the yerely value of xx lâ— or more within his Bailywick out of auÌ„cient demeâ—ne the five portes And at the first day of y dystresse returned shall returne no lesse issue in such actions of attaynâ—e then xl.s and y second distresse C.s. and the double of euery other distresse vpon the persons so impanelled and returned And if he doe the contrary he shall pay x.li to the Kinge and as much to the party 15 Henriâ—l 6. capitulo quinto Bayliffs and other the Kynges officers may arrest those Souldiers that come froÌ„ the Sea shew not letters Testimonialls from their captayns that they haue lyceÌ„sed them And they shal keepe theâ— vntill they haue inquired whether that they had liceÌ„ce or not and if they haue no such Lycence theÌ„ shal they be punished as â—eâ—ons 28. H. 6. capi 19. No Bayliffe of a liberty vpon any precepte to him directed to returne the panell of any enquest shall in the same returne any bayliffes officers or seruants to any Officer aboue sayde nor shall take any thynge by them selues or by other of any persoÌ„ by them arrested or attached to their owne vse or auayle nor it any other person for any arrest or attachmeÌ„t by y body made by theÌ„ or that is arrested by vertue of their office for fine fee suite of person maynprise letting to bayle of shewing of any case or fauour to any person so being arrested for their rewarde or profit but as is heere lymitted that is to wit for the Shiriffe xx.d the Bayliffe that maketh the arrest iiii.d to the Iaylour if the prisoner be coÌ„mitted to hym iiij d And no Bayliffe of any Liberty nor Coroner by him selfe nor by other by colour of his office shall take any thing for the making of returne or panell for the copy of a panell but 4.d And bayliffes of libertyes shall let out of pryson all prisoners by them arrested or beinge in their keepinge by force of any bill writ or warrant in any action personall or by force of any inditement of trespasse vppon reasonable surety hauinge sufficient wythin the Bayliwicke where they bee let to bayle to keepe their daies in the same places as the same bill writ or warrant shall require those onely excepted which be in warde vppon condemnation or bee excommunycate or outlawed or arrested vpon suretye of the peace and vagarantes that refuse to serue And that the sayde Bayliffes shall not take any Obligation of any person nor by any person beyng in theyr Warde by course of the Lawe for any the causes aboue rehearsed but in the name of their Office and vppon the condition that the same Persons shall appeare at the dayes contained in the sayde writtes Billes or WarrauÌ„tes and in such places as they requyre And if any Bayliffe take any Obligation in any other fourme by colour of hys Office it shall be voyde and that he shall take no more for the making of any such Obligation UUarrauÌ„t or precept by them to be made but .iiii d. And if they doe contrary to this ordinaunce in any poynte for so doyng they shall render to the party grieued his damages treble and shall forfaite for euery tyme that they dothe contrary xl.li the one half whereof shal be to him that wil sue in any of the kings courtes therefore c. xxiii H. vi cap x. Bayliffes of liberties ought not to seale the goods of any person arrested or imprisoned for felony before that they shall bee conuice or attaynted of the same Felony according to the law or els that the same goodes be otherwise forfaited vppon payn to forfait
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 prisoÌ„ 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 geueÌ„ 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 oppressioÌ„ 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 â—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 laâ—d in those places where he is officer to aunswere to the king and his people in case that any will complaine against theÌ„ 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 oppressioÌ„ 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 remembrauÌ„ces 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 tenemeÌ„ts whereof profit ariseth from tyme to tyme throughout the yeare as of Milles Harbages toâ—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 tenemeÌ„tes 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 GrauÌ„dfather 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 laÌ„d 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 ordinauÌ„ce 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 persoÌ„ 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 landsâ— 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 persoÌ„ 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 pouÌ„d 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 ChauÌ„cellour of EnglaÌ„d 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 coÌ„missioner 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 â— 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 theÌ„ to forfait the suÌ„me 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 persoÌ„ 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 indeÌ„ted by them sealed then to forfayte for euerye such offeÌ„ce 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 hereditameÌ„ts 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 opeÌ„ 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 indeÌ„teÌ„d and sealed by the Escheator Commissioners and to rest in the possessioÌ„ 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.lâ— And y coÌ„missiner 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 theÌ„ founde or before any of them wythin an other moneth then next ensuing returned the sayde office into the ChauÌ„cery 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 â— 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 CoÌ„missioner or by reason of any other recorde fouÌ„de 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 bâ—ing founde not trauersed And if he doe then both hee wronge and extoâ—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
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 coÌ„ueyed 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 coÌ„cealement 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 anyâ— 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 theÌ„ 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 coÌ„sentâ— 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 strauÌ„ger then shall they inquyre where he was lodged the night before and touching such as shal be foundeâ— 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 straÌ„gled 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 mansâ—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 caÌ„ to that Haâ—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 diligeÌ„tly 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 â—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 couÌ„ty 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 â—â—â—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 feloÌ„ 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