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
theyr discretion shall cause them to be brought to such places as they thinke conuenient and there to bee whipped naked through the towne or market and then to bee sworne to returne to the place where he was borne or where he last dwelled by the space of 3. yeres and to haue a letter vnder the seale witnessing that he hath bene punished Also all persons that a biure to sainctuary within â—his realme shal be coÌ„ueyed thervnto by the Constables of euerye towneship that is from Towne to Towne till that hee come vnto that same Sainctuary wher vnto he is abiured in lyke maner fourme as persons that had abiured this â—ealme should haue bene conueied to the next port of the sea from that place where they be abiured vnto the same pore by course of the coÌ„mon law before the making of this Statute 22 H. 8. cap. 13. Euery farmer or owner of landes tenemente or hereditamentes whereof y yerely value or rent amounteth to fiue poundesâ— which manureth the same shall pay to euery person which by his diligence and laboure at hys owne costes taketh any oldâ— Crows Rookes or Choughs vpon the same Landes Tenements or hereditamentes of the yerely value aforesayd .ii. pence for euery xli old Crows Rookes or Choughes and a penye for 〈◊〉 and a halfe peny for .iii. olde Crowes Rookes or Choughes And any Farmer or owner refuse to pay the sayde money accordyng as is aforesayd then vpon a complaynt and proofe made thereof to any Iusticer of peace or high Constable the same Iusticer or byghe Constable shall cause the samemoney to be leuied by distresse of the goods and cattels of euery such Farmer or occupyer of the same lands and tenements Anno xiiii Henrici viiâ— cap. x. Where it is ordayned by a Statute made in the vii yeare of Richard the Second cap ix that he whych espyeth and proueth defaultes in any Clothes put to saie contrary to the assise thereof ordayned touchyng Clothes and contrary to the sayd statutes should haue the thyrde parte of euery such cloth beeing defectiue for hys Labour by the deliuery of the Shiriffes if they bee present or els of the Lordes of Fayres and Markets or of Stewards Bayliffes or Constables of townes where such defectiue clothes shal be found by IndeÌ„ture betwene them to be made the which shal be deliuered euery yere in the escheker at the feast of S. Michaell by them that shal make such deliuery to the inteÌ„t to charge the Annagours and toilours by whom such manner of defaultes ought to be searched and amended An. 7. Ri. 2. cap. 9. If any person shippe marchaundise of Staple be in place suspect adioyning to the Costes of the Water and maketh no Indentures thereof betweene him the maior or Constable of the towne they shal be forfayte and the king shal haue the moytye And it is lawful for euery person to searche in these causes An. â— 4. Hen. 6 cap. 5. It is ordayned that a Horseman shall pay for passage at Douer 3. s. and a footeman 6. d.. And the Constable of Douer to punish them that do contrarye at the suite of the party that will complayne and shall do him right in that behalfe Anno. 4. Ed. 3 cap. viii The office of Coroners FOr to declare playnely the Offyce of a Coroner it appeareth by the Statute of Magna carta in the xv capi that no Coroner ought to holde any pleas of the Corone But Breton declareth the offyce of a Coroner in forme following First that in euery county Coroners shall be the principall conseruators of the peace to beare record of al the pleas of the crown of abiurations vtlagaries such like and the Coroners shall make an othe before the Shiriffes in the full county that they shall make their inquests inrollementes and all that to the coroners office apertaineth lawfully or wythout askinge allowance And if any felony chaunce or treasure be found or any Woman raâ—yshed or Pryson broke or any man wounded nighe vnto death the coroner so soone as hee shall knowe thereof shal send to the Shiriffes and Bayliffs of the places where such aduenture shall happen to cause to come before hym at a certayne day at the place where such chaunce befell foure of the nexte towneships and other if neede be by whom hee shall inquire the verity shall compel the townships to sweare vpon the Saints to shew the truth of those articles that he shal demaunde of them Then shall the Coroner and the Iurours viewe the body the Woundes and the stroakes and immedyately after such view had the Body shall bee buryed And if the Coroner finde the body buried before the commyng hee shall recorde the same neuerthelesse he shall not omit to digge vp the Body and make it to be viewed openly of the Townes And those Iurours which haue bene sommoned and come not to the inquyries of coroners shall bee amerced at the commyng of the Iusticers at the first assises in those counties so that such defaultes be entred in Coroners rolle so that the Coroner shall haue no power to amerce no man for any default And when the inquest is sworne the Coroner muste inquyre if the person were slayne by felony were done within a House or without and all the circumstaunce And after it shall be inquyred who were present at that deede and who be culpable of the said force commaundement consent or receipte of such felonies wittyngly And if the Coroner haue any suspection of the first inqueste for concealemeÌ„t of the truth or if it bee needeful to inquyre better by other then shal hee inquyre diuers times al such as therof shal hap to be indited the shiriffe shal take in all the hast if they may be found and if not the Coroner shall inquire who they be and who hath withdrawen theÌ„selues for that occasioÌ„ and the Shiriffe shal forthwith cause their lands to be seased afterwardes all their goods and cause them to be praised by lawfull inquest and the goodes with the prises shal be inrolled in the Coroners rolle and shal bee deliuered to the township for to bee answereable therfore vnto the K. in case the party so indited flee wil not staÌ„d to right And after they shall inquire if hee that is indyted did euer fynde surety to keepe the kings peace the names of hys mayâ—pernours which he shall enter into his rolle And if the playntiffe will sue apeale within the yere and the day then shall hee fynd two sufficient pledges to the Shiriffe of the county distreinable within the same to sue his appeale according to the lawe of the land And theÌ„ shal the Coroner cause the appeale to be entered with the names of the pledges and after it shal be commaunded vnto the sergeant of the county where such felony is done which as mee seemeth is the Shiriffe or his bayliffe errant that he hath the bodye at the next county And if the
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
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 defendauÌ„t 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 debâ— or information Also the Shiriffe shal make sufficieÌ„t precepte after such playntes entred agaynste the defendant directed to the Baylife of the hundred to attach or warne the defendante-â— appeare and aunswere to the sayd playntes and there be any defaulte in the sayd Bayliffe or the huÌ„dred 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 persoÌ„s 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 rotuâ—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 shalâ— make Processe agaynst thâ— Shiriffe vndershiriffe shyre Clarkes oâ— 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 â— 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 â—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 oâ— 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 vâ— departed before the comming of the said Iâ—sticers Shiriffe or vndershiriffe then shalâ— the same Iustices or two of them within onâ— moneth after such royot enquire diligently where they assemble was made And if the trueth cannot be found then the same Iustâ—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 â—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. Henricâ— ocâ—aui capitulo secuÌ„do 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 abseÌ„ces to put other persons in the same panell so reformed by the
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