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A00880 In this booke is contayned the offices of shyriffes, bayliffes of lybertyes, escheatours, constables, and coroners and shewed what euerye one of them may doe by vertue of their offices, drawen out of bookes of the common lawe and of the statutes.; Office et auctoryte des iustyces de peas. English. Selections Fitzherbert, Anthony, Sir, 1470-1538.; Harvey, Gabriel, 1550?-1631. 1579 (1579) STC 10993.9; ESTC S4009 45,369 112

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iii. cap. vi The escheators other the kings ministers must make accompte in the Eschecker after this manner that is of Lands and tenemēts whereof profit ariseth from tyme to tyme throughout the yeare as of Milles Harbages to●pleas profites of cources or such other issues and profites they shal be bounden to aunswere the king for the rate value of the tyme accordyng to the old course of the Escheker And touchyng auncyent fearmes and rentes that are to be payde at certayn tearmes as rent seeke and rent seruice whereof no profit ariseth vntil the daye of paiment such rents and fearmes shal bee paid vnto them that haue liuery thereof out of the Kings hand at the termes of paiment of the said fearmes and rents next folowyng such liuery made as wel for the tymes paste as the time to come .xxviii. Ed. iii. cap. iiii The Kinge and his Progenitors haue bene seased at forfaitours of Warres tyme out of mynde that is aswell of Landes and possessions as of goodes and cattels And by colour thereof the Escheators by their office haue seased many landes and tenemētes as forfaytes to the Kynge surmising treason in some persons beyng dead at the tyme of the seaser whych neuer were attaynted in theyr liues the Kyng hath ordayned touching such forfaytures that fell in the tyme of his Graūdfather and before that so soone as an inquest thereof shall be returned into the Chauncery by any Escheator or other that hath power to enquyre thereof the Tenaunt shall not hee put out of possession but shall bee warned by a Scire facias to appeare at a certaine day for to answere vnto the same if he will if no such forfaiture be sound the kinges hand shall bee closed so that in all other cases of forfaitures of treason by persons deceased nor attaynted nor iudged in theyr Lyues their heyres nor lād Tenauntes shall not bee chalenged nor impeached of any other Forfaytures but of those onely that haue bene iudged in tyme paste afore the death of certayne persons by presentment in Eire in the Kings Bench as of felons of the king other And therefore it seemeth that if one moue warre agaynste the King in his realme and is slayne in the same then the Escheator may sease the lands tenements as forfaitour of Warre without any other inquiry to be made thereof Euery Escheatour muste take his inquestes of office of good and lawfull men sufficient of inheritance and of good fame of the same county where the inquiry shall be made And the inquestes shal be indented betwene the escheators and the iurours if it be otherwise done they shall bee voyd and they shal be taken in good townes openly Trauerse may be taken to the escheators office whereby any alienation or dying seased or that the heire is within age and the land holden of the Kyng in chiefe is found Lands seased into the kyngs Handes by reason of ward shal be kept without waste And the escheators shall haue no fee of venison fish nor other thing but shall answere the Kinge of the issues and yearely profites arising of the sayd lands without wast And if he do otherwise then to make fine at the Kings will and to pay treble damages at the sute of the heyre as well within age as of full age And if he be within age hys Freendes shall haue the sute for him answeryng to the heyre of that that shall bee so recouered of him Concerning other landes seased into the Kynges handes by inquest of office by the escheators this foresayd ordinaūce and punishment shall holde place agaynste the escheator And if any make claime to lands so beeing seased the Escheator shall returne an in inquest into the Chauncery with in one moneth after such seaser so that a writ he deliuered to him to certifie the cause of the seaser and there shall the party bee harde to trauerse the Office or otherwise to shew his ryght And the Chauncellour vppon his owne discretion if hee see cause may sease the Lands to the Tenaunt paying to the king the value if it belong to the king so that he findes surety that he shall doe no wast until it be adiudged And the Escheators shall take theyr inquestes in good townes and by honest Men openly by Indenture to be made betweene the Escheator and them of the inquest And if he doe contrary to this ordinaunce then to haue two yeares imprysonment and further to make fine at the Kinges pleasure Anno. xxxvi Ed. iii. cap. xxii None shall bee Escheator if he haue not xx li. Land at the least or more in fee and that they execute their office in proper persō And if he be otherwise then to be put out whereby it appeareth that the Subescheator can not inquyre nor fynd offyce An. xli Edwardi iii. capitulo v. Escheators nor Commissioners shal not take inquest but by those that be impannelled and returned to the shiriffe and if they doe other wyse and bee conuicte by examination or otherwyse at the sute of the party or of the Kinge or any other person that will sue they shall incurrethe payne of xl.li the moitye to him at whose sute they shall be counict And that no landes seased into the kings handes shal be let to fearme by the Chauncellour vntill the inqueste and vervits bee returned into the Chauncery and by one moneth after the same returne except it bee to the party grieued which was put out of those lands by the inquestes and will offer to trauerse them and shewe good euydence and and finde sufficient suretie to sue his trauerse with effect and to pay to the king the yearely value of the lands● If it happen to be discussed for the kinge And if any Letters patentes of any lands or tenements to the contrary be made to any other persō then to him that offereth to trauerse or hee let to fearme with in a moneth nexte to the sayd moneth of returne they shal be voyd and holden for none A viii H. vi cap. xix Escheators and Commissioners shall returne the inquestes taken before them into the chauncery or in the Eschecker with in one moneth next after the takyng of the same vppon payne of xx l. the one moitye to the King the other to him that wil sue An. viii Hen. vi cap xix And if any Escheator take any office before him and do not returne the same into the Chauncery or the eschecker within the moneth next after the taking thereof he shal incurre the pain of forty poūd forfait by the statute made Anno. viii Heurici .vi. and further shal be bounden to pay to the King as much as he is indamaged by the not returnyng of the same And that the Chaūcellour of Englād callyng to hym the Treasurer of England may lease such Fearmes for the due execution of the sayd Statute Neuerthelesse it appeareth that the same statute giueth but xx pound of forfait against the