In this booke is contayned the Offyces of Shyriffes Bayliffes of lybertyes Escheatours Constables and Coroners and shewed what euerye one of them may doe by vertue of their offices drawen out of bookes of the common Lawe and of the Statutes gabvielharuey 1579. The office of Shiriffes WHat the Offyce of a shyriffe is heereafter shall more playnely appeare but in a generality his office is righteously duely to returne all writs and precepts to hym directed and truely to execute the same accordinge as hee shall bee commaunded in the same Wryts and preceâ—ts And that bee take nothyng of any person for doing his offyce but the due accustomable fees to hym belonging And that hee duely holde and keepe hys Countyes Courtes and turnes according to the our course of the Lawe Upon these three poynetes dependeth the whole charge and effect of hys offyce The offyce of the Shyriffe is to returne good sufficient and reasonable issues and vpon such persons as haue sufficient goods or lands according to the statute of Westminster An. ij capitulo .xxxix. and Edwardi tertij capitulo quinto The Shiriffe ought to take the inditements fouÌ„o before him in his turne by Indenture and so shall Bayliffs of fraunchises one parte whereof shall remayne with the Indytours An. secundo Edwardi tertij Capitulo .17 The Shiriffe may arrest men ryding or going armed and commit them to pryson there to remayne at the Kings pleasure .2 Ed. 3. cap. 5. at Northampton Shiriffes and vnder Shiriffes shall receyue â—rits in euery place within y county without taking ought shal make a vil whych iâ— they refulâ— other that hee present shall puâ— to their Seales And if they returne not the same writs they shall be punished and shall reâ—der damages to y party .2 Ed. 3. cap. 5. at Northampton Shyriffes and Iaylours shall receyue Theeues indited or taken wyth the maner without taking any thynge for the receypt .4 Ed. 3. cap. 10. Shyriffes shall lease theyr hundredes Wapentakes after the olde fearme not aboue An. 4. Ed. 3. cap. 25. and An. 14. Ed. 3. cap. 8. Shiriffs ought to arrest persons suspect of felony going by night or by day whych be of euill fame .11 Ed. 3. cap. 14. The shiriff iâ— one couÌ„ty shall haue no moe Bayliffes errant but one .14 Ed. 3. cap. 9. Shyriffes ought to keepe their turnes euery yeare within a moneth after Easter and wythin a moneth after Mychaelmas xiii .xxxi Edwardi tertij cap. xiiii Shyriffes that leuy issues fines and amerciamentes in the County ought to haue the extreates ensealed with the seale of the Eschequer so that as much as is payd may â—oe blotted And if any shiriffe or Mynister doe the contrary he shall render to the party tryple damages and shall make 〈◊〉 to the King and the sute hereof may be aswell before Iustices of peace as before other Iustices .xxiiii. Edward ter cap. ix The Shyriffes shall aray the panneis of Assises foure dayes before the sessionâ— at the least vppon payne of .xx. li. And Bayliffes of liberties shall make returne to Shyriffes sixe dayes before the sessions vpon the same paine◠〈…〉 .3 cap. ix T◠〈…〉 ought to examyne Loyterers 〈◊〉 â—agarantes and compel them to finde â—â—rety of theyr good behauior â—y sufficient mainpryse of such as bee distreyâ—able if any defaulte bee found in such vagarantes And if they cannot finde such surety then to commaund them to the next Iayle there to remayne vntill the comming of the Iustices of Iayle deliuery they to doe with such vagarants as they shal thinke best .vii. Richardi .ii. cap. vii The Shiriffe shall bee bounden foure tymes in the yere to make Proclamation of the Statute of Wynchester in euery huÌ„dreth of his Bayliwicke The Shiriffe ought to take swords Daggers and hangers from Seruauntes labourers and Seruaunts of craftes men and vitaylers that weare them vnlesse it be in time of Warre or when they labour in the countrey with theyr maysters or vpon theyr busines And the Shiriffe shall keepe yâ— same weapons which they shall present vnto the Iusticers of the peace at their sessions with the names of them that bare them .xii. Richardi ii cap. vi Shiriffes ought to receiue Labourers Seruaunts Beggers and Uagabonds and them detaine in Pryson wythout bayle or mainpryse and wythout fee or taking any thing at their entre or going out of PrisoÌ„ vpon payn to forfayt a C.li. to the King .xi. R. ii cap. ix Shiriffes and other ministers of the Kyng so soone as they haue knowledge of assembles and roiots with outragioÌ„s nuÌ„ber of people ought with the power of the shyre to goe and make resistaunce agaynste such malite wyth all theyr strength and shall 〈…〉 and keepe them in prison vntill the due punishment of the law be executed vppon them And all manner of Lordes and other the kings true lyege meÌ„ ought to bee assistent with all their power streÌ„gth to ayde the Shiriffes and other ministers therein 17. Ric. 2. cap. 8. Shiriffes ought to be personally dwelling in their Bayliwickes for the tyme and they shall not let theÌ„ to farme 4. H. 4. ca. 5. Shiriffes ought to see and prouyde that neyther their vnder Shiriffes Bapliffes Clarkes nor receyuers shal bee atturneis in the Kinges Courts for the tyme of their office .i. H. 5. cap 4. Shiriffes ought to let to mainpryse persons indâ—ted of heresy and Iollardes which are in their keeping within x. dayes vnder good suretyes so that they appeare before the end of the sayd .x. dayes 2. Hen. 5. ca. 7. Shiriffes shal cause the Statute of prirueiours to bee proclaymed foure tymes in the yere vpon paine of C-li for euery time that hee fayleth so to do And vppon lyke payne shall deliuer the same to his successours to be proclaymed â— Hen. 6. cap. 2. Shiriffes muste make due election of the Knightes of the Parliament ix H. 6. ca. 40 Shiriffes must returne such persons Knightes of the Parliament which be chosen by the greatter number of the freeholders dwellyng in the county which may expend xl.s. yerely aboue all charges And that those Knightes â—ee dwellinge within the same county And that he examine euery freholder at such elections vppon a booke how much he may expend And if any Shiriffe returne other knightes hee shall forfayte an hundred li. to the king and shall haue one yeares imprisoment without bayle or maynpryse Shiriffes vpon a precept made vnto theÌ„ by Iustices of the peace to inquire for forcible entre shall returne vppon euery of the iâ—rours xx.s in fynes at the first day And Iustices of the peace shall heare and determine such defaultes of Shiriffes by Bill of the suite of the party or â—y inditement And they shal loose xx li. for euery defaulte And hee that will sue shall haue the one halfe 13. Hen. 6. cap. 9. To anoyd robberyes and spoyles vppon the riuer of Seuerue by y coastes of the Forrestes of Deane
contrary to thys or any other Estatute made for the elections of Shyriffs to come vnto the Parliament hee shall encurâ—e the paine of one C. pound to the king and a yeres imprysonment without bayle And more ouer shall pay vnto the person so beyng chosen Knyght Citizen or burgesse and not duely returne or to any other person whych in default of such Knyght Burgesse or Citizen wil sue therefore one hundreth pound to be recouered by Action of debt And the Shiriffe ought to make such elections in the full County betwene the houres of viii and â—yne before none and to make a good and true returne of such elections vpon payne to forfaite one hundred pound to the Kyng and asmuch to the party that wyll sue therefore against the Shiriffes their executours or administratours .xxiiii. Henrici vii capitulo .xv. Shyriffes in theyr turnes ought to enquyre heare and determine if any Mynister of the Wardeyne of the Courte in the Marches of Scotlande or if any other arreste any person by hys Bodye or Attach hym by his goodes out of the Counties of Northumberland and Cumberlande and Westmerland and the Towne of Newecastell to answere in any of the sayd courtes or else by Colour or cause of any proâ—â—â—â— in the sayd courts for in such arrestes it shall be lawfull for euery man to make resistaunce And the party grieued shall haue an Action of false imprisonment or trespasse and shall recouer triple damages therefore and the defendaunt shall haue two yeres imprysonment And the shiriffe shall haue power to proceede thereuppon as well as vppon a presentment made in his turne .xxxi. Henrici sexti Capit. ii Where as some men by dissimulation and other meanes fayne them selues to bee louers to Women namaryed or Maydens or Wydowes hauyng greate possessions and substaunce of goods and get some Women into theyr possession and conuey them into such places from whence they wyll not suffer them to goe at their Liberty except they will make to them Oblygations of great summes to bee payed vnto them or cause them to bee bounden in a Statute Marchant or sometime will compell them to bee maryed at their pleasure which if they refuse to leuy vppon them the summes contained in the same obligations and Statutes it is ordayned that the partie grieued shall haue a writ out of the Chauncery comprysing the whole matter of theyr vnreasonable intreatyng directed to the Shyriffe commaundinge him to make proâ—lamation at the nexte county after the receipt of the writ that the offendour shal appeare at a certayne day place prefixed in â—he writ before the Chaunceller or the Iuticers of assise of the shyre where such offences shall â—ap to be done or before some other person assigned by the chaunceller And the Shiriffe to whom such a wryâ—â— shal be directed shall execute the same according to the tenour thereof vpon payne of iii. C. li. the one halfe to the kyng the other to him y will sue therefore by writ of debt wherein no wager of Law protectioÌ„ nor former plea to cause the matter to bee tryed in another Countye then where the writ is brought shal be allowed .xxxi Henrici quarti capitulo quarto Upon euery Inditemente or Presentement taken before Shiriffes or other ministers in their turnes or lawdayes They shall deliuer the same Indytementes and presentments to the Iusticers of the peace at their next Sessions vpon payne of xl.li And the Iustices of the peace shall awarde Processe vppon the same aswell as if they had bene taken before themselues and shal arrayue those that be so indited of â—elony shall set fines vppon such as bee indyted of trespasse the extreates of which fines shall bee enrolled by Indenture and deliuered vnto the same Shiriffes or mynisters And if any Shiriffes or their ministers arrest or attache any person by colour of any such inditement or presentment in their turnes or lawe dayes or els take any fine or amercâ—ament before they haue processe from the Iustycers of the peace or afore y excreats out of the Indytementes shall bee delyuered they shall forfayte a C. â— the moyty whereof shall be to the party suing therefore by wryt of debt in whych no wager of law nor protection shal be allowed Anno primo Edwardi .4 cap. vitimo Upon an information made to Iusticers of peace or other Iusticers against any person for retayning or geuing of liueries or agaynst any that is retayned or taketh lyuery y Iusticers shall make processe there as vpon a recouery of debt or trespas And if the Shiriffe in any suite graunted therevpon agaynst any person being sufficiente returne any lesse Issues then xx s at the first day of the distresse and at the seconde day xxx.s at the thyrd day xl.s and so at euery day after more by x.s in issues for euery such returne hee shall forfayte .xx. s. â— Edwardi .4 cap 2. The olde Shyriffe shall haue power to returne Writs and execute hys offyce during the terme of S. Michaell and Hilary after the yeare of the sayd office expired vnlesse he be lawfully discharged thereof before .15 Edwardi 4 cap. II. No shiriffe nor other officer shall sease or take the goods of any person beinge arrested or emprysoned for Felony vntyll the same person be duly coÌ„uict or attayneed of the same Felony by course of the common lawes or except the same goods bee otherwyse lawfully forfayte vpon payne to forfayte the double value of the goods so takâ— to the party grieued suing therefore by Action of debt wherein no wager of lawe essoyne nor protection shall be allowed i. Richard 3. capitulo 3. No bayliff or other officer in any panell within any county of this realme shall returne any person to bee put in or vppon any Inquiry in the turnes of shiriffes but such as be of good name fame hauing freehold to the yerely value of xx.s or copyholde to the yerely value of xxvi.s.viij.v at the least aboue al charges vpoÌ„ pain to lese for euery person not being sufficient at euery tyme that they shall so offend xl.s and the Shiriffe other xl.s whereof y one moyty shal be to the party suinge therefore byâ— Action of debt in which suite no protection or essoyne shal be alowed But wager of lawe is not expressed And for that cause is behooueth to wake information thereof to the Eschequer primo Richardi .iii. cap. iiii Shiriffes or other hauyng the custody of Iayles shall certifie the names of euery prisâ—ner being in theyr custody and of them committed for felony vnto the Iusticers at the next generall Iayle deliuery to bee kalendred vpon paine to forfayte for euery tyme that they make defaulte in so doinge a hundred shillinges iii. H. 7. cap. 5. Also the Shyriffe nor any other person in his name or by his commaundementâ— shall entre no playntes into their Bookes in no mans name vnlesse the playntiffe bee there in his proper person or els by
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
limitted by the statutes before declared that then such taking is extortion which is punishable at the kings pleasure as appeareth before c. in the statute made 1. H. 4. cap. 11. Wherby it appeareth that Shiriffes and other ministers Bailifs their ministers Esche aâ—ors and their ministers Coroners and their ministers are bound to serue all preceptes to them directed from the Iustices of peace without taking ought ofâ— any party And if a precept bee directed to the Shiriffe or any other the kinges officer to compel any to appeare before the Iustices to fynde surety of peace if the party agaynst whom any such precepte is dyrected bee ready to come before the said Iusticers to find surety of peace they shall take nothing of him And in like maner must they serue all processes that come to them directed out of the Kinges bench the coÌ„mon place the Escheker or the ChauÌ„cery without taking ought therfore but onely the fees expressed in the statutes before written And if they take any other fees it is playne extortion A briefe declaration concerning the extortions of Ordinaries Parsons Vicars and Curats AS concerning Ordinaries yee shall vnderstand that it is ordayned by a statute made in the xxi yere of king Henry y eyght that no Ordinary shal take any thinge for the probate of the testament of such a person whose goods amounte not aboue the suÌ„me of a hundreth shiâ—lings except to the scribe vj.d onely And of goods aboue the value of a C.s. vnto .xi. pounde iij. s.vj.d And the Scribe to haue xij.d of the summe And for the probate of a Testament of goods aboue the value of xl.l'.v.s whereof the Scribe to haue ij.s.vj.d or for euery lyne beinge 10. Inches in length one peny And such summes for Letters of administration where such persons die intestate the Testament to bee registered delyuered to the party wythout delay and letters of administration to bee graunted to the wyfe or next of the bloude of the party deceassed or to bothe And for the probate of a Testament or letter of administration of goods vnder the summe of a hundreth s the Ordinary shall take nothing Moreouer it is the office of the Ordinary to deface the seale of the testatour wherewyth the testament was sealed and to deliuer it agayne to the party And if the Ordinary take any more then afore is limitted hee shall forfayte so much as hee taketh and ten pound more besides that whereof the moyty shall bee to the party greeued If the Ordinary cite any person to appeare in the Spirituall courte to depose in any matter there as a witnesse that is extortion aud wronge to the party If any Ordinary Person or Uicar take any mortuary after the death of any person whych had not goods to the value of .x. Markes that is extortion And lykewise it is where they take a mortuary in such places where it hath not bene accustomed to pay mortuaries And euen so it is where a Person or Uicar taketh more then iij.s iiij d in the name of a mortuary If y goods amouÌ„t aboue .x. markes and vnder the value of xxx.li for that is extortion Also if hee take more then vj.s.viij.d for a mortuary where the goods bee aboue the value of xxx.li and vnder the summe of .xl. pound the debts payd that is extortion And if they take of them whose goods amount to xl.li aboue the debts payd more then x.s for a mortuary that is extortion And if they take any mortuary for a woman maryed or one that is wythin age or for a man that keepeth no house it is extortion And if any mortuary bee taken in Wales it is extortion except Bishops that shall take mortuaries thereof priestes and Curates and the Archdeacon of Chester shall take mortuaryes of Priestes within the county of Chester And whosoeuer taketh for a Mortuarye more then hee ought shall forfayte asmuch in value as hee taketh and rl.s besides thatâ— the party grieued Anno. xxi Henriâ—â— octaui capitulo sexto And thus haue I thought sufficient to declare vnto you concerning extortions in Ordynaries Parsons Uicars and Curates FINIS ¶ Imprynted at London by Thomas Marshe
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
not by others if it bee not for great scarcity of hundreders For then it shal be done by other persons conuenieÌ„t sworne The statute of Lincolne the last capi Shiriffes shall not be charged with the leauinge of any issues nor shall leuyâ— any before they come out of y Eschequer by the extreats there to be leuyed And if percase any Shiriff returne issues vpon any recognitor pledg or manucaptor by hym assessed and returned into our courte whych to the payment of the same Issues or Amerciaments at the time of the returne was insufficient y same shyriffe shal be charged there wyth at the Eschequer shal make tayles to any person of all maner thynges by hym receyued and shall not returne any where the names of Manucaptors Iutours or other except it be according to the tenour of y Wryts to them dyrected nor shall returne the names of pledges of freemen any where vnles they haue manyfestly confessed themselues pleadges The statute of fines cap. 2. No shyriff Coroner or other the kyngs mynisters shall take no rewarde for doing his offyce and if he do he shall pay the double and shal be punished at the kynges will but shall be payd of that which they take of the kyng West i. cap. 26. Shiriffes shall not suffer any barretour or mayntayners of matters within his couÌ„ty neyther stewards of great Lordes other which bee not atturneyes to their Lordes to do their suites nor to sit vpon the iudgementes of the County nor to pronounce them except hee bee thereto required of all the Suters atturneys that shall be there at the same ioâ—rney And if he doe the contrary the kyng shall take it grâ—euously to the Shiriffe and the offendour Westminster prime capitulo 31. It shal be lawfull for euery Shiriff Iusticer of peace and Escheator to sease to y Kinges vse all such goods and cattels that such persons as come withing thys Realme that â—e called Egyptians haue thereof to make account to the Kyng in his Eschequer to retayne keepe y moyty thereof to his owne vse account for the residue to pay no fees for the accouÌ„t nor for his discharge thereof In these Statutes it appeareth what thing the shirif ought to do by reason of his office and that hee ought not to take any thinge for doing his offyce but onely that which is appoynted to him by the same statute And if hee do or take any thyng otherwise it is extorâ—ion which ought to be enquired vppon by the Iustices of the peace the Shiriffe shal be punished therefore And if any shiriffe doe any extortion to the people and â—ee duely attaynted thereof hee shall straytely be punished therefore at the pleasure of the Kyng Anno primo H. 4. captulo 9. Shyriffes may and are bound to enquire of coÌ„mon annoysances done to all maner of the Kynges Subiects but not of assaultes made vppon any priuate person for that is but a particuler offence by Martin 4. Henrici sexti The shiriffe must keepe his turne wythin a moneth after Easter and wythin a moneth after the feaste of S. Michael And if be keepe it at any tyme after the moneth of the sayd feasts it is voyde by the statute of An. 31. E. 3. cap. 19. And all inditements presentmentes there taken after the same tyme be voyde Bloudshed shal be enquired of in the Shyriffes turne because it is an article that is to be inquired of in a Leete All Leetes be deriued taken out of the Shiriffs turnes in so much that for defaulte of enquiry in leetes of things enquirable there the same thinges there omitted ought to be inquired of in the turnes of shiriffes 8. E. 4. And all the Iusticers sayde that the shyriffe in his turne hath aucthority to inquire of all things that be trespasse or felony by the coÌ„mon law except the death of a man but of trespasse or felony made by Statute the Shiriffe in his turne hath no power to enquire of M. 28. Edwardi 3. And if the Shiriffe in his turne inquire of Nusances that shoulde bee inquired of in the Leete of an other the same be fouÌ„d yet may hee not distreyne for the amerciament of such a presentment For if he doe he is trespassour But if there were a default in the Lord of y Leete that he would not inquire or finde the suÌ„me when he ought to haue inquired thereof in thys case it seemeth that y Shyriffe in hys turne may enquire of it in default of the Lord M.xxviij E. 3 And if one haue a fayre or market by grauÌ„t or prescription keepe not his fayre or market as he ought the shiriff ought to inquire thereof in his turne 22 Hen. 6. Uppon presentment of Nusance in the shiriffes turne the party shall bee ameâ—â—ed there by the shiryffe which may distrayne for the amerciament And if propre stare be presented there the Shiriffe may abate the same and refourme it P. 26. E. 3. Also it appeareth by the booke of Brâ—toÌ„ that vnto the turne of the shiryffe ought to come all the freeholders of the huÌ„dred and other land tenaunts Clarkes men of Religion and Women onely excepted where at the shiriffe shal cause .3 of the most sage and sufficient persons of the hundred to bee sworne And then shall all the residue bee sworne by dosins and by the townes which shall make their presentment to the first xii Iurours vppon the article wherewith they shal be charged And it seemeth that the Shiriffe ought to holde his turne in euery hundred within the county VVhat thinges be enquireable in the Shiriffes turne FIrst they shal enquire if there be any misdoer in the huÌ„dred of whom any standeth in doubt of Lyfe or Lym and what is his name Also they shall enquire of all mortall enemyes to the King y Queene their children and councellours of counterfaytyng the Kings seale or his money of maâ—stears and murderers burners of others corne or house â— feloniously of Burglours of robbers of theeues of outlawes of those that haue abiured the Realme and come agayne of Sorcerers and witches of miscreances heretykes of traytours and of poysoners of â—utters of purses of Usurers of bittailers buying and felling wittyngly stolne flesh of them that wittinglye make whyte the Skinnes of Beastâ—s stolne of redubbours that witingly â—â—ye stolen clothes dresse them into an other fashion of treasure hyd in the grounde hues and cryes wrongfully or rightfully leuyed not pursued or waters stopped straightned or turned of boundes pulled vp or wrongfullye chaunged of Walles houses Gates marle pits Ditches or other disturbaunces made or leâ—â—d vppon any common waye to the annoyance or pety bribours that sheare sheepe to haue the wolle of such as take the boote and of those that haue made a prisoÌ„ of their owne house or houshold of pounde breach of trespassours in parke pondes of takers of other mens Dooues of the assise of bread and
before This is giueÌ„ by the Statute of Lincolne calles the statute of Escheators Anno 20. Edwardi .2 And if the Escheator by colour of his offyce wythout warrant or authority of the law that belongeth to his office dissease any man of hys Landes or tenementes the party that is disseased shall haue an assyse of Nouel disseison and shal recouer double damages agaynste the Escheator Westmin 1. capi 26. The Escheator hath no power to amearce any man that appeareth before hym and misdemeaneth him selfe or if the Iurours that â—ee â—oÌ„moned appeare before doe make default he shall recorde such things in his Role and shall not amearce the Iurours but hee shall sende the same recorde to the Iustycers in Eire or to the Iustycers of assyse when they come into the countrey It shal be lawfull to the Shiriffe Iusticer of peace Escheators to sease to the kings vse all such Goods and Cattels that such persons as come within this Realme that bee called Egyptians haue and thereof to make accompt to the king in his Eschequer and to retayne and keepe the moity thereof to his owne vse and accompt for that residue and to paye no fees for the accompt nor for hys discharge thereof The Offyce of Constables FOr asmuch as the offyce of a Constable was an office at the common Lawe of long coÌ„tinuance was firste ordayned for the coÌ„seruation of the kinges peace to be had and kept in euery towne amonge the kings Subiects there dwelling somewhat shal be spoken And howe farre forth their power doth extend and what penalties are prouided agaynst them for not executing theyr Offyces Who were conseruatours of the peace at the common lawe IT is now seene for the conseruation of the peace what persons by the common lawe had authority therein before the making of the Statutes whereby the Iusticers of the peace are ordayned And it seemeth that by the common lawe dyuers persons were conseruatours of the peace for at the common law there was one persoÌ„ which is called thiefe Iustice of England to whoÌ„ the king coÌ„mitted his authority in the ministratioÌ„ of iustice for things touching his crowne for the conseruation of hys peace among his subiectes through out al his realme And that is proued by the writ which the K. seÌ„deth to him that he should hold his place in the ministratioÌ„ of Iustice to his subiectes in the forme aboue saide throughout all his realme wherby it doth appeare that the same chiefe Iustice is high conseruatour of the peace throughout all the countyes of England and in euery part of the Realme where he goeth Also there be other persons conseruators of the peace throughout the Realme as the steward of England the Marshall and the Constable of England Also the Constable of euerye towne were and bee keepers of the peace by the common law likewyse the high Constables of hundreds wapentakes lathes or tithinges were and bee conseruatours of the peace by the common lawe within the townes or hundreds and within their limittes And before the making of the Statutes whereby Iusticers of the peace are ordayned the king by his commission made conseruatours of the peace in those couÌ„ties places where hym thought best to keepe his peace and the authority which conseruatours of the peace had by the common law is the same authority that a Constable of a towne or wapentake hath at this day which I shall partly touch If one make assault vppon the CoÌ„stable the Constable may defend hym and maye take him and commit him to the Iaile vntill he haue found surety to keepe the peace though that the assaulte were made vppon him selfe As it appeareth Micha v. Henrici vii in the tytle Bar. Much more then if a Constable see one making assult vppon a straunge person he may take hym and coÌ„mit him to prison or to the Iaile vntill he haue found surety to keepe the peace And if one man threate another wherevpon hee that is threatned commeth to the Constable and sheweth his matter prayeth hym to compell hym that so threatned him to find surety in this case the CoÌ„stable and the party that is threatned may goe and compell him that so did make such threatning to fynd surety to keepe the peace and yf he wil not they may commit him toward vntill hee haue founde such suretye as you may see Mich. 44. Edwardi 3. in the tytle of Bar. And if one be stricken in perill of death it is the office of the Constable of the Towne to arrest the offender and to keepe hym in prison vntill it be knowen whether the party so stricken shall liue or dye vntill that hee haue found suretie to appear before the Iusticers of Iayle deliuery or at such tyme as he shal be called vppon to appeare before y Iusticers at their discretion And if one flee for felony it is the office of the CoÌ„stable of the town to sease his goods and to keepe them and if they hap to be impayred in his keeping he shall answere for them to the King 2. E 3. in the Shyre of Northampton but by the statute maâ—e 1. R 3. capit 3. that is chaunged And if felons or murderers he in the town the Constable haue knowledge thereof it is hys office and duety to assemble people for to take theÌ„ And yf one take a felon in the Towne bryng hym to the Constable to bee coÌ„ueyed to the Iayle the Constables office is to cary hym thither and to cause other of the towne to ayde and assist hym in so doyng And note that the constables were ordained for two intentes that is to wit to keepe the peace and also to represse felons to take surety by obligation of such persons as they shall fynde making of frayes It apperatyneth to the office of the chiefe Constable of England to haue coâ—â—sance of deedes of armes any contractes touchinge deedes of armes of war out of the realme and in lyke manner of thynges touchinge armes within the realme which cannot bee determined by the common lawe as it appeareth clearly by the Statute made the 13. yere of Ri. 2. cap. 2. Also it appeareth by the Statute made anno primo H. 4. cap. 13. that all appeales to to bee made of thinges done out of y realme of England shal be tried and determined before the Constable Marshall of England for the tyme beyng Also when battaile is ioyned in a writte of ryght or in appeale that shal be deâ—ayned before the Constable Marshall how be it the Iusticers must see the battayle done because y they be properly Iudges thereof not the Constable nor the Marshall And the Constables haue manye other authorityes as wel by the common law as by statutes made y which you may see there Anno 7. Ed. 4. It is sayd the gardiners of the peace at the common lawe may inquire of congregations vnlawfull assemblyes and of disseyson with force but
not of entre with force But now by the statute yf anye entre with force or do disseason with force or entre peaceablye and kept passession with force the Iustices of peace may make restitution to the party and put hym in possessioÌ„ by theyr writ directed to the Shiriffe Constables in the townes where they beare office may arest men y go or ride armed in fayres or markettes by day or by night and take their armour as forfait to the kinge imprison them at the Kings pleasure An. 2. Ed. 3. at Northampton The Kinges purueyours ought to make theyr purueyaunce for the Kinges house by the Constable and 4 honest men of the townes where such purueiaunce shall bee made without threatning And in presence of y CoÌ„stable tayles shall be made sealed with the seales of the takers betweene the sayd takers the partyes of whoÌ„ the goods be taken And if any taker make his prise otherwyse it shal be done with him as with a theefe An. 12 Ed. â— cap. â— Constables of townes must arrest such as passe by night of whom suspicion is had and deliuer them to the Shiriffe there to remayne in ward vntill they bee duely deliuered Also they must arrest such as be called robberdes men wasters and draw laâ—ches if suspicion he had of any such be it by night or day deliuer them to the Shiriffe vntil the comming of the Iusticers of Iaile deliuery 5 E. 3. cap. 13. It is ordayned that none shall take for threshing a quarter of wheat or corne aboue 2.d ob for a quarter of Barley Beanes Peas Oâ—es 1 d. ob if so much haue ben vsed to bee geuen and in the countrey where they vse to reape by the sheffe and thresh by the bushell they shall take no more or otherwyse And that such labourers and other seruauntes shall make an oth two tymes in the yere before Lordes Stewardes Bayliffes and Constables of euery towne to do keepe this ordinaunce that none of theÌ„ shal go out of the town wher they dwelled in winter for to serue in sommer if hee can haue seruice in the same Towne sauyng to the folke of the countyes of Stafford Darby Lancaster Crauen and the marches of wales theyr free liberty to labour in other countryes in the tyme of August And they that refuse to make such othe or to perfourme the thing that they haue sworne taken vppon them shal be put in the stockes by the sayd Stewardes Bayliffes CoÌ„stables of townes by the space of three dayes or more and shal be sent after to the nexte Iayle there to remayne vntil they wil be ordered and that there bee Stockes in euerye towne for the same intente And the Stewards bailifs Constables shal make oth before the iusticers assigned to enquire diligently of al theÌ„ that offeÌ„d against this ordinaunce to certify their names before the same Iustices when they shal come into the couÌ„try to kepe their sessioÌ„s vpoÌ„ which certificate made the same Iustices shall cause them to be attached by their bodyes to appeare before the same Iustices to answere vnto such contempts so that if they bee attaynted they shall make fine and raunsome and further to be commaunded to prison vntill they haue found surety to serue in maner aboue sayde And the Iustices at euerye tyme that they shall come into the countrye shall inquire of Stewardes Bayliffes and Constables whether they haue made good and lawfull certificate or haue concealed ought for any gyfte procurement or affinity shall punish them by fine and raunsome if they be found guilty 25. Ed. 3. Capit. 2. and 8. Constables of townes whereas faytours or vagabondes resort haue power to examine them diligently coÌ„pel them to finde surety of their good behauiour by sufficient mayâ—pernours distâ—einable in case that any default bee found in such feytures and vagabondes And if they can finde no such surety then to be sent vnto the next Iayle there to remayne vnto the comming of the Iustices of Iayles deliuery which haue authority to do with such faytors and vagabondes as they shall thinke best to bee done by the law Anno 1. Ri. 2. cap. 5. Constables of townes may arrest any Seruant labourer comming to the Towne from any place vagarant vnlesse hee haue a letter contayning the cause of hys goynge the time of his returne vnder the kinges seale that thereto shal be assigned delyuered to the custody of some honest man of the hundred Wapentake City or Boroughe according to the discretion of the Iustices of peace And y Constables may put hym in stocks keepe him vntill he haue found surety to returne to his seruice or to serue in the towne from whence he came vntil he haue a letter to departe vppon cause reasonable An. 12. Ri. secundi cap. 3. Constables haue power to arrest SernauÌ„ts labourers that beare about them Hanger Dagger or knife and to sease the sayd weapoÌ„s as forfayt them to keepe vntill the sessions of the Iustices of peace before whom they shall present such weapons with the names of them that bare them except that they trauell in the couÌ„trey in their masters message 14. Ri. 2. cap. 6. Shiriffs and other the kyngs mynisters may take the power of the countrey to represse assemblies and royots in outragions number to commit them to pryson An. 17. Ri. 2. cap. 8. It seemeth by these words the Kinges mynisters that Constables of townes haue power to do so by thys act aswell as the shiriffes Constables may at rest seruauÌ„tes labourers and imprison them by the space of sixe dayes which vse not Bowes and arrowes vpon Soâ—dayes such other festiual daies which will not leaue vtterly all playing at the Baâ—â— aswell with hand as with Foote and other games called coyts dice casting of the stones keâ—les all other like importunate games .xi. Hen. 4. cap. 4. Constables and all the kings liege people that are able to trauaile within the county must be assisting aydoing to the Iusticers of peace and the Shiriffe to represse great riots and vnlawfull assembles vpon payne of imprysonment and to make fine raunsome Anno secundo Hen. 5. cap 8. Constables shall be made in euery parte of y marches of Wales market townes to inquire searche and arrest such persons that cary victayle or armour to any parte of Wales without the kinges licence whych Constables shall haue the 6. part of the forfayte for their trauayle .4 H. 4. cap. 16. Constables of port townes where souldiours that haue bene retayned in Wages to serue in warre beyond Sea or vpoÌ„ the Sea depart from their Captaynes and turne backe arryue in any porte of Englend without licence of their Captayne vnder hys seale may arrest such souldiers keepe them vntil inquiry be made of them and if it may be prooued by inquiry before Iustycers of the peace and prooues that they haue mustred of recorde