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A19787 The office and authoritie of sherifes. Abridged by the former author Mich. Dalton, of Lincolnes Inne, Esquire; Officium vicecomitum. Abridgments. Dalton, Michael, d. 1648? 1628 (1628) STC 6213; ESTC S116874 144,803 487

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King by Attainder Escheat and alienation in Mortmaine The meane profits of lands for intrusions and alienations without License But in most cases for Lands or Tenements or the profits thereof there must first be an office found for the King viz. an enquirie must bee made by twelue men vpon their oath to finde the Kings title and the certainty what Lands or Tenements they be and the yearely value thereof before the Officer may seise them And yet in these cases following the Sherife or the Escheator may ex officio as it seemeth and without any Office found seise the same scz In cases where any are attainted during their liues of high Treason and here they shal forfeit all their lands and hereditaments in fee simple or fee taile So where the Kings Tenant in fee simple is attainted of pettie Treason or of Felonie and is put to death or dieth of himselfe the Kings Officer may seise the same for here a possession in Law vesteth in the King And in these cases the King shall haue the forfeiture of their lands from the time of the offence Also where a possession in Law of lands c. is cast vpon the King by discent Reuerter Remainder or Escheat vt supra So in cases of Wardship and Primer seisin or during the vacancie of a Bishopricke In which three last cases the possession in law of a Chattell is vested in the King But in other cases the Officer may not seise any lands or Tenements nor the profits thereof without an office found for the King or other matter of Record and Processe scz a Scire facias made out against the parties and retorned c. As where the King is entituled to enter for a Condition broken or for Mortmaine or for alienation without licence So in case where the King is intituled to seise the temporalties of a Bishop for a contempt So in Cases of Ideocie Lunicie and the like So where the King is to haue Annum diem vastum of the lands of persons attainted Also where an Office is found which doth not intitle the king to the possession by Entry but onely dy action there the Officer must first haue processe or other warrant for to seise the land c. As where it is found by an Office That the Kings Tenant for life or yeares hath done wast Or that his Tenant in fee simple hath cessed by two yeares Or that his tenant in fee hath made a feoffment by collusion contrary to th●●●tute of Marlebridge ●ote where the Office is found before the Escheator there the Escheator is chargeable vpon his accompt But of lands whereof the Office is found before Commissioners there the sherife shall be charged And yet neither of them shall bee charged but where there is an Office found or that they shall meddle ex officio c. And where there is an Office found they shall be charged onely according to the yearely value found by the Office And therefore in all these former cases where the Sherife shall seise any lands or tenements or the profits therof it is safest for the sherife that there be an Office first found thereof or at least for him to haue the kings writ other warrant of law so to doe But the Escheator is more specially appointed for the finding out of the Kings title to Lands Tenements and or other things CHAP. 7. Franchises A Franchise is a Royall priuiledge in the hands of a subiect And such are euery Libertie or commodity which of their owne natures are appertaining to the King and are deriued from the Crowne and by the speciall gift or grant of the king are come to a common person or subiect Of these some are more Royall as authority to pardon Treason Felony Vtlary c. Or to make Iustices the like which none can doe but the King 27. H. 8. cap. 24. Some are lesse Royall as Conusance of Pleas Chases Parks Warrens Fayres Markets Toll Courts Leets or Hundreds Wayfes Estrayes Wreckes Catalla felonum fugitiuorum vtlagatorum the correction of the Assises of bread and Ale Pillory tumbrell and the like these a subiect may haue Now if any man doe hold or vse any of these last sort of Franchises without or contrary to the kings grant or lawfull Prescription it seemes to be enquirable in the sherifes Tourne as a Purprestor Againe as it is parcell of the Sherifes oath to keepe the Kings Franchises so the Sherife may seise to the Kings vse ex Officio many of these things as namely wayfes estrayes wreckes and felons and vtlaws goods c. except where some other person hath the same by Charter or by Prescription Note in the former cases Capite precedente the king is to haue seisin or possession of the lands themselues So as the King may let them c. But where the king is not to haue seisin of the land it selfe but is onely intituled to the profits of the lands there the sherife ex Officio and without any office found may seise to the Kings vse the profits of such lands As the lands of a Clarke conuict of felonie Also the profits of the lands of persons outlawed in a personall action the Sherife or Escheator may seise ex offiico See hic Cap. 15. what the Officer may seise doe or take in the name of the profits of lands Also goods Goods and chattels of felons fugitiues and the like the sherife may seise ex officio And yet dicitur that the Escheator is rather and more vsually accomptable for these And that the Sherife is not acccomptable or chargeable for these saue in a grosse summe for the forme of the profits of the County See plus hic cap. 14 125. And note that no subiect can haue these things scz bona seu catalla felonum fugitiuorum vtlagatorum but by Charter and not by Prescription Also Franchises or Liberties seised into the kings hands vpon iudgement giuen in a Quo warranto the sherife shall answer the profits thereof to the kings vse But the Sherife must first haue a writ or precept directed to him for the seising of diuers Franchises before he may seise them for that there bee diuers Franchises which may not be seised but at the Kings suit in a Quo warranto which writ is to try the validitie of the Franchise c. as Conuzance of Plees correction of the Assises of bread Leets Hundreds Fayres Markets and the like CHAP. 8. Suits IT is parcell of the Sherifes Oath truly to keepe the kings suits Now Suite is a seruice which a man ought to do by reason of his land and tenure to performe this he ought to go to the Court of the king or of some other there to doe that which appertaineth to the nature of his suite And both the Sherifes Courts scz his Torne and Countie Court seeme also to be both of them the Kings Courts by reason that the suite belonging to them both
chargeable to all Amerciaments and Fynes assessed in anie of the Kings Courts whereof see hic antea cap. 11. But Sherifes shall not bee charged with nor accomptable for any amerciaments issues or fynes other than those for which they shall haue warrant to leuy vnder the Seale of the Eschequer Neither are they to gather or leuy any amerciaments issues or Fines vntill they haue receiued such warrant or Estreat vnder the seale of the Eschequer The king shall haue all Amerciaments Fynes Issues and forfeitures lost or forfeited before any of his Iudges or Iustices in any of their Courts or Sessions Or forfeited in the Courts of Eschequer of Wards or of the Dutchy or before the Steward of the kings House the Commissioners of Sewers and the Clarke of the market c. but these must bee first Estreated into the Exchequer and from thence processe goeth out to the Sherife to leuy the same as aforesaid And those Estreats shall mention how much euery one is to pay and by those Estreats the Sherife is to receiue the kings debts and these issues fynes and amerciaments and to make acquittances or tayles thereof to the parties and thereof to acquit the Debtors at his next accompt Hic cap. 10 90. And yet note that the Estreates of the Iustices of Peace be an immediate warrant for the Sherife to leuy not only the Fynes and Amerciaments but also all other issues and forfeitures whatsoeuer arising before them Hic 125. The King shall haue all Amerciaments fines issues and forfeitures forfeited in any of the Sherifes Courts within Wales and the Sherifes of Wales shall accompt for the same but not so of other Sherifes in England By the Statutes of 2. 3. E. 6. cap. 34. it appeareth that Sherifes shall bee accomptable for all Fynes for Alienations and Intrusions made by the Kings Tenants c. within their Countie as well as for Fines imposed vpon Offendors And for such Alienation or Intrusion after an Office thereof found and processe out of the Eschequer receiued the Sherife or Escheator may seise the lands for the fine CHAP. 14. Forfeitures VVHere the Sherife may seize the Lands Lands or profits of the lands of persons attainted for Treason or felony c. See hic cap. 6 For misprision or concealing of Treason the offender being attainted shall forfeit to the King the profits of his lands c. during his life In case of Praemunire the Offendor shal forfeit his fee simple lands for euer and the profits of his intayled lands during his life Felons condemned or which be fugitiues the king shall haue the meane profits of their freehold lands from the time of the felony committed vntill an Office c. found for the king and the yeare and day next after the Office found And yet by some opinions the king shall haue the profits of their lands but for the yeare and day after their attainder For pettie Treason or felony the King shall haue the profits of their lands intailed during the Offendors life So if Tenant in Dower tenant by the Curtesie or Tenant for life commits felony c. the king shall haue the Escheat but during his life Where the person attainted is seised in right of his wife the king shall haue the profits of such lands during the husband and wifes life Of Lease for life or yeares he forfeits the Terme And in these cases the Officer may seise the profits of such lands to the vse of the king See hic cap. 6. But in cases of Heresie Coniuration Witchcraft Sodomie and the like there shall be no forfeiture of lands for that the offences be spirituall Goods All goods and chattells reall and personall mooueable and vnmooueable of persons attainted for treason felony misprision or Praemunire or for heresie coniuration or witchcraft c. shall be forfeit to the king scz all such goods as they shall haue at the time of their attainder And these the Sherife or other Officer may seise ex officio And in these and all other forfeitures the Towne is chargeable with the goods and therefore they also may seise them wheresoeuer they be It seemeth by Master Glanuile That in his time for theft the Sherife himselfe had the felons goods which were forfeited to his owne vse But now the Statute de Praerog Regis cap. 16. giueth all felons goods to the king the words whereof are Rex habebit omnia catalla felonum dampnatorum fugitiuorum c And vnder this word Catalla bee comprehended Leases for yeares the issues of lands and tenements corne growing debts due by obligation Statutes or Recognizances or vpon an accompt goods wrongfully taken from the felon and stollen goods and Debts due vpon a simple contract c. An obligation made to two or two possest of a horse oxe or other entier chattell and the one of them is attainted the king shall haue the whole debt due vpon the obligation as also the horse or oxe c But note that alwayes when any forfeiture is of any selons goods it ought to appeare of Record Nei●her may the Sherife or other Officer seise the goods of any person imprisoned or indicted for felony before he be attainted of the same but yet the Officer may cause suretie presently vpon the taking of the felon to be giuen that the goods be not imbeazeled c. and for want of Suretie the Officer may seise them and may preise them and deliuer them to some of the neighbours of the towne where the goods are by them safely to be kept vntill the Offendor bee conuicted or acquited yeelding to the felon reasonable maintenance thereout for himselfe and his family so long as he shall bee in prison Also where one is found guilty before the Coroner of the death of another or where it is found before the Coroner that one did flye for felony in these cases the Officer may presently seise vpon their goods without any conuiction And if a man shall flye for felony though his goods be not thereby presently forfeited yet the Sherife may seise his goods and the profits of his lands to the kings vse vntill the fugitiue shall be attainted or acquited Vpon a fugam fecit presented before the Coroner the goods ought presently to be seised by the Sherife or his Officers and praised by an Enquest and the Sherife shall cause the appreisement to be entred and inrolled in the Coroners Roll and shall then deliuer the goods to the Towne c. who shall be answerable to the king for the same But for the issues and profits of the lands of felons and fugitiues the Sherife is chargeable therewith and not the Towne and the Sherife shall seise them into the kings hands without taking any Enquest A man arraigned for felony stands mute or challenges aboue 35 without cause he shall forfeit his goods A Clerke conuict and a Clarke attaint shall forfeit their goods A man abiures before the Coroner