WHat the offyce of a sheryffe is, hereafter shal more plaīly appere but ī a generaltye hys offyce is rightuously & duely to returne all wryttes and preceptes to to him directed, and truely to execute the same accordinge as he shalbe cō­maunded in the same wryttes & pre­ceptes. And that he take nothynge of any persone for doynge his offyce, but the due and accustomed fees to hym belongynge. And that he duely holde and kepe his counties, courtes & turnes accordynge to y^e due course of the lawe. Vpon these thre poyntes dependeth the hole charge and effect of his offyce.

¶ The offyce of the Sheryffe is to retourne, good suffycient, and reaso­nable issues & vpon such persons as haue sufficient goodes or landes ac­cording to y^e statute of Westmīster. 2. [Page] Capitulo .xxix. &, i. Edwardi .3. Capi­tulo quinto.

¶ The Shiresfes ought to take the endytementes founde before hym in his Tourne by Indenture, & so shall Baylliffes of fraunchyses, one parte wherof shall remayne with the indy­tours, secundo Edwardi tercii Capi­tulo .xvij.

¶ The Shyreffe may arrest men rydynge or goynge armyd, and cōmyte them to prison, there to remayne at y^e kynges pleasure. 2. E. 3. Capitulo .5. at Northampton.

¶ Shyreffes & vndershireffes shall receyue writtes in euery place withī the countie without takynge ought, and shall make a byll whiche if they refu [...]e other that be presente shal put to theyr seales. And if they retourne nat the same writtes, they shalbe po­nyshed / and shal rendre damages to the partie, 2. E. 3. Cap. 5. at Northāp.

¶ Shyreffes and Gailours shal receiue theues indited or takē with the maner without takynge any thynge for the receyte. 4. Edwardi .3. Ca. 10.

¶ Shyreff{is} shal leasse theyr Hūdre­des and Wapentakes after the olde ferme, & nat aboue. An. 4. Edwar. 3. Capi. 25. &. An. 14. Ed. 3. Capi. 8.

¶ Shyreffes ought to arrest persōs suspect of felony goyng, by night or by daye whiche be of euyll fame .xi. Edwardi 3. Capi. xiiii.

¶ The Shyreffe in one coūtie shall haue no mo Baylliffes errāt but one 14. Edwardi tercij Capi. 8.

¶ Shireff{is} ought to kepe theyr tournes euery yere within a monethe af­ter Easter, and withī a moneth after Mighelmas .31. Edwardi tercij Ca­pitulo .14.

¶ Shyreffes that leuie issues fynes and amerciamentes in the countie / ought to haue thextreates ensealed [Page] with y^e seale of the Eschequer / so that as muche as is payed may be totted. And if any shyreffe or ministre do the contrarie, he shall rēdre to the partie treble damages, and shall make fine to the kinge / and the sute hereof may be aswel afore Iusticers of the peace as before other Iusticers .42. Ed­wardi tercij. Capitulo .9.

¶ The Shyreffes shall arraye the panelles of Assyses foure dayes be­fore the sessions at the lest vpō payne of .xx. l. And Bayllyffes of lyberties shal make retourne to the Shireffes syx dayes before the Sessions, vpon the same payne .xlii. Edwardi tercij. Capitulo .xi.

¶ The shyref ought to examine loy­terars and vagarantes / and compel them to fynde suretye of theyr good behauyour by sufficient mainpris of such as be distreinable, if any default be founde in suche vagarantes. And [Page] if they can nat finde suche suretie, thē to commaunde them to the next gay­le there to remayne vntyll the cūmīg of the Iusticers of Gayle delyuerie / they to do with suche vagarātes as they shall thynke best .vij. Richardi ii. Capitulo .vij.

¶ The shyreffe shalbe boūden foure tymes in the yere to make proclama­cyon of the estatute of Winchestre in euery hundred of his Baylewyke.

¶ The Shireffe ought to take swer­des / daggars and hangares frome seruaūtes labourers, and seruaūtes of craftes men, and vittayllers that weare thē, onles it be ī time of warre or when they labour in the countrey, with theyr maisters or vpō their bu­synes. And the shyreffe shall kepe the same weapons, whiche they shall present vnto the Iusticers of the peace at theyre sessions with the names of thē y^e bare thē .xii. R. ii. Ca. vi.

¶ Shireffes ought to receiue labou­rers, seruaūtes, beggars, and vaga­boundes, and them deteyne in prison without baylle or mainpris, and w^t ­out fee or takinge any thyng at their entre or goynge out of pryson / vpon payne to forfayte .C. li. to the kynge xii. Ricardi .ii. Capi. ix

¶ Shyreffes and other ministers of the kynge so sone as they shall haue knowledge of assembles and ryottes with outragious nombre of people / ought with the power of the shyre to go and make resistence agaynst such malyce with al theyr strength & shall attache suche misdoers and kepe thē in prison vntyll the due punyshment of the lawe be executed vpon them.

And all maner of lordes / and other the kynges true liege men oughte to be assystent with all theyr power and strengthe to ayde the Shyreffe and other mynysters therin .xvii. Ricar­di [Page] secundi Capitulo octauo

¶ Shyreffes ought to be personally dwellynge in theyr Baylewykes for the tyme / and they shall nat let them to farme .4. Henrici .4. Ca. 5.

¶ Shireffes ought to se and prouide that neyther theyre vndershyreffes / Baylliffes, Clerkes, nor Receiuours shalbe Attourneis in y^e kynges cour­te for the tyme of theyre offyce primo Henrici quinti. Capitulo quarto.

¶ Shyreffes ought to let to mayn­pris {per}sons indited of heresy, and lol­lard{is} which ar in theyr kepinge w^tin x. dayes vnder good suretye / so that they appere before the ende of y^e sayd x. dayes 2. H v. Capitulo .7.

¶ Shyreffes shall cause thestatute of purueiours to be proclaimed four tymes in the yere, vpon payne .C. li. for euery tyme that he faileth so to do And vpon lyke payne shall delyuer the same to his successoure to be proclaymed [Page] primo Henrici sexti. Capitulo secundo.

¶ Shyreffes must make due electiō of knyghtes of the parliament .6. H. 6. Capitulo .4.

¶ Shyreffes must returne suche {per}­sons knight{is} of the parliamēt which be chosen by the greater numbre of y^e freholders dwellynge in the countie which may expēde .xl. s̄. yerely aboue al charges. And that those knyghtes be dwellynge within the same coūtie And that he examine euery freholder at suche eleccions vpon a boke, how much he may expēde. And if any shy­reffe retourne other knightes he shal forfayte .C. l. to the kynge, and shall haue one yeres imprisonment w^tout baylle or maynpris.

¶ Shireff{is} vpon a {pre}cept made vnto thē by Iusticers of y^e peace to ēquire of forcible ētre, shal returne vpō eue­ry of y^e iurrours xx. s. ī fines at y^e first [Page] day. And Iusticers of the peace shall here & determyne suche defaultes of shyreffes by byl at the sute of the {per}tie or by inditemēt. And they shal lese .xx l. for euery default. And he y^t wyl sue shal haue y^e one half .8. H. 6. Cap. 9.

¶ To auoyde Robbories & spoyles vpon the ryuer of Seuerne, & by the costes of forestes of Dean, & the Hū­dredes of Blodeslom, and Westbury in the countie of Glocestre, the Shi­reffes of Glocestre, or the Baylliffes of the towne of Glocestre after noty­ficacion made to any of them of such īiuries, and damages, by the parties greuid / within foure dayes after su­che notyfycacyon made shall make proclamacion at the towne of Gloce­stre / that suche offendours within .xv. dayes after suche proclamacyon, shall restore vnto the partyes enda­maged theyre goodes so taken / or the value, w^t a reasonable amendes. [Page] The saide shyreffes Baylliffes to forfayte .xx. li. if they faile so to do .ix. H. vi. Capitulo .xxvij.

¶ The shireffe of Herforde neither ī his turne nor ī any other place after the turne endyd shal take any ēquiri or inquest of offyce, which ought nat to be taken there. Neyther shall he take any fyne or amerciament for thīges nat apperteynynge to his offyce or Tourne / vpon payne to forfayte .x. l. ix. Henrici .vi. Capi. vii.

¶ Shireffes ought to retourne ī at­taintes īple of lande, mē of the yerely value of .xl. s̄. or in an accion for de­des concerninge landes of suche va­lue / and in accions of the sūme of xl. l. and more, those persons dwellyng within theyr baillewike whiche may expende .xx. l, yerely aboue all charg{is} for terme of life at the least, out of aūciēt demesne Gauelkīde, & the .v. por­tes. And at y^e first distresse .xl. s̄. & at y^e [Page] seconde .c. s̄. & the double value of e­uery other dystres agaynst the Iur­rours, vpon paine of .x. l. to the kyng and asmuch to the party. And if ther be nat suffycient persons dwellynge within the countie whiche may expē­de .xx. l. yerely: thē shal they impanel other persons of the moste sufficyent possession of yerely value of landes / and tenementes within the value of xx. l. vpon payne to forfayte .x. l. to y^e kynge, and to y^e parte asmuche in the fourme aforesayde .xv. H. vi. Ca. v.

¶ The Shyreffe or vndershireffe of Herforde must arrest such persons of Wales or the marches therof, which be outlawed of treason / or felonye / whome the sayde Shyreffe knoweth or seithe to be in any place within the sayde countie, and to brynge them to the Gayle. And if any suche person beynge indyted do disobeye or flye a­waye / the sayde Shyreffe shall le­uie [Page] hue and crye & pursue hym vpon paine to make fyne and raunsome to the kynge .23. Henrici .6. Capi. 5.

¶ The Shyreffe shall nat occupye his office aboue one yere, and if he so do, then to forfaite .xx. li. and euery {per}­don for suche offences shalbe voyde / any word{is} put in suche letters, patentes natw^tstāding. Also he y^t presumy­th to occupy y^t same offyce aboue one yere by force of suche letters patētes, shalbe disable to be shiref ī any other shyre afterwarde .23. H. 6. Capi. 8.

¶ No shireffe shal let to ferme h{is} coūtie, nor any of his bayliwikes hūdre­des, or Wapētakes.

No shireffe / baillif of fraūchise, ne o­ther offycer shall retourne in any pa­nel / any of his Bailliffes, offycers, or theyr seruauntes.

¶ No shireffe nor any other to his v­se shall take aught of any persone to be arrested / or attached / nor to sur­ceasse [Page] of any arrest or attachement to be made by the body. Nor shall take ought of any person arrested / or at­tached for fine, fee, sute of prisō, main pris, lettinge to bayle, or for shewing any fauour or ease to any person be­ynge so arrested, excepte it be as here foloweth, that is to wete to y^e shyreffe xx. d. to the baylliffe that made the arreste .iiij. d. and to the gayloure if the prysoner be cōmytted to warde .iiij. d

¶ The shyreffe him selfe nor any to his vse shall nat take any thynge for the makynge of any retourne or pa­nell / but for the copye of the panell .iiij. d. Howbeit they vse to take .ii. s. for the retourne of a panell: but y^t se­meth to be extorcion.

¶ Shyreffes ought to let out of pri­sone all persons beynge in theyre warde, by force of any wrytte byll or warrante in any accyon personall / or indytemente of trespas vppon a [Page] reasonable suretie beynge sufficyent in the countie to kepe theyr dayes in the places as the sayd billes wryttes or warrantes require / excepte suche as be condempned, outlawed or excō­municate / or for suretie of the peace or by the cōmaundement of any Iu­sticer, and vagaboundes whiche re­fuse to serue.

¶ Also Shyreffes ought not to take any obligaciōs for any thinge aboue mencioned, or by coloure of theyr of­fyce but onely to them selues / nor of any person beynge in theyre warde / but by the name of theyr offyce, as by the name of Shyreffe in the oblyga­cyon, vpon cōdicion that the parties shall appere at the dayes conteyned in the wryttes / in suche places as the billes, writtes, or warrantes require And if any obligacion be takē of any person by colour of theyr offyce ī any other fourme, it shalbe voyde.

¶ Shyreffes shall nat take for any obligacyon warrāt or precept by thē to be made, any more then .iiij. d.

¶ Shyreffes must make theyr depu­ties yerely in the kynges court{is}, that is to wete in the Chaūcery, the bench & the eschequer of recorde before they returne any writte.

¶ Shyreff{is} that do contrarie to this ordinaunce in any poynte shal lese to the parti greued treble damag{is}, and shall forfayte .xl. li. for euery tyme y^• they shall so offēde, the one halfe to y^e kynge the other to him that wyll sue 25. Henrici .6. Capitulo .10.

¶ Shyreffes when wryttes directed vnto theym to leuie the expenses of knightes of the parlyamente / muste make proclamacyon at the nexte coūtye after the delyueraunce of the sa­me Wryttes / that the Coroners / Constables / and Bayllyffes of hūdredes shall be there to assesse theyre [Page] wages / vpon payne of .xl. s̄. what tyme they shall assesse euery hundred at a certayne sūme by it selfe, and af­ter they shall assesse euerye vyllage within the same hūdred at a certaine summe by it self, And if they be other wyse assessed / for euery default they shal forfayte .xx. l. The one half wher of shalbe to the partie that wyll sue. And the shyreffe shall leuie the same duely / and shall pay it to the knight{is} of the parliament vpon payne of .xx. li. And the partie that wyll sue shall haue his accyon by Scire facias / & shall haue .x. li. aboue the .xx. l. with treble damages .23. Henrici sexti. Ca­pitulo vicesimo secundo.

¶ The shyreffe after the deliuerie of any wrytte to make eleccyon for the knyghtes of the parlyament / muste make a sufficient precepte vnder his seale to euerye Mayre and Bayllyffe of Cytyes / and Borughes, within [Page] the countie, them commaundynge to electe Cytezins, & Burgesses to come vnto the parliament. And the sayde Mayre and Bayllyffe shall truely retourne the same precept to the shyref by indenture bitwene them for the e­leccyon and names of them that are so chosen. And the shyreffe is boundē to make a good and true retourne of euery suche wryt, & of euery retourne made to him by the Mayre and Bail lyffes. And for euery tyme that the shyreffe shall do contrarye to this or any other estatute made for the elec­cion of shyreff{is} to cum vnto the {per}lia­ment he shal encurre the paine of one C. li. to the kynge, and a yeres imprysonment without bayle. And moreo­uer shall paye vnto the person so be­ynge chosen knyght / Citezins / or Burges and nat duely retourne: or to any other person whyche in de­faulte of suche Knyghte / Burgesse / [Page] or Citezin wyll sue therfore, one hun­dred poūde to be recouered by accion of dette.

¶ And the shyreffe ought to make suche eleccions in the full countie bi­twene the houres of viij. and .ix. be­fore none / and to make a good and true returne of suche eleccions vpon payne to forfayte .C. li. to the kynge, and asmuche to the partie that wyll sue therfore agaynste the shyreffes / theyr executours, or administres .23. Henrici. 6. Capitulo .15.

¶ Shyreff{is} in theyr tournes ought to inquire, here and determine, if any minister, of the warden of the courte in the marches of Scotlande: or yf any other arrest anny person by his body, or attache hym by his goodes out of the counties of Northumber­lāde &, Cumberlāde, & Westmerlād & y^e towne of Newcastell to answere in any of the sayde courtes: orels by co­loure [Page] or cause of any processe in the sayde courtes: for in suche arrestes it shalbe lauful for euery man to make resistence. And the party greued shal haue an accion of false imprisōment or trespas and shal recouer treble damages therfore, and the defendant shall haue two yeres imprisonment. And the shyref shal haue power to {pro}­cede therupon, aswell as vpon a pre­setment made in his [...]urne .31. Henrici sexti. Capitulo secundo.

¶ Where as some men by dissimulacyon and other meanes fayne theym selues to be louers to women vnma­ryed as Maydens, or Wydowes ha­uynge great possessyon and substāce of goodes / & get such womē ī to their possessiō, & conuey thē into suche pla­ces, from whence they wyl nat suffre them to go at theyr lybertye, excepte they wyll make to them obligacions of greate summes to be payed vnto [Page] them or cause them to be bounden in estatute Marchaunte / or somtyme wyll compell theym to be maryed at theyr pleasure, whiche if they refuse to leuie vpon them the summes con­teyned in the same obligacyons and statut{is}: it is ordeined that the partie greued shall haue a wrytte out of the Chauncery comprising the hole matter of theyr vnreasonable intreating directed to the shyreffe cōmaundyng him to make proclamacion at y^e nexte Countie after the receyte of the wryt that the offendoure shall appere at a certayne daye and place prefyxed in the writte before the Chauncelloure or the Iusticers of Assyse of the shire where suche offences shall hap to be done or before some other person as­sygned by the Chauncelloure. And the shyreffe to whome suche a wrytte shalbe dyrected / and shall execute the same accordynge to the tenoure [Page] therof vppon payne of .CCC. li. the one halfe to the kynge / the othe to hī that wyll sue therfore by wrytte of dette / wherin no wager of lawe, pro­teccyon / nor forein ple (to cause the matter to be tryed in another coūtye then where the wrytte is broughte) shalbe allowed, 31. Henrici. 6. Capi. 9

¶ Vpon euery inditement or presēt­ment taken before shyreffes or theyre ministres in theyr tournes, or lawe-dayes, they shall deliuer the same in­ditementes and presentmentes to y^e Iusticers of the peace at theyr nexte Sessions vpon payne of .xl. li. And y^e Iusticers of the peace shall awarde processe vppon the same aswell as if they had ben takē before them selues and shall arrayne those that be so indyted of felonye / and shall sette fynes vppon suche as be indyted of trespas, the extreates of which fynes shalbe inrolled by īdēture & deliuered [Page] vnto the same shyreffes or ministers.

¶ And if any shyreffes or their mini­sters arrest or attache any person by coloure of any suche indytemente or presentment in theyr turnes or lawe-dayes / orels take any fyne or amerciament therfore they haue processe frō the Iusticers of the peace, or afore y^e extreates out of the Indytementes shalbe deliuered / they shall forfayte C. li. the moyte wherof shalbe to the partye suynge therfore by wrytte of dette in whiche no wager of lawe nor proteccion shalbe alowed .1. Edwar- 4. Capitulo. vltimo.

¶ Vppon an informacyon made to Iusticers of peace / or to other Iusti­cers agaynst any person for reteynīg or gyuynge of lyuereys / or agaynste any that is reteined or taketh liuerie the Iustycers shall make processe therupon / as vppon a recouerye of dette or trespas. And if the shyreffe in [Page] any sute groūded therupon agaynst any person beyng sufficient, returne any lesse issues, then .xx. s̄. at the first day of the distresse, and at the seconde daye .xxx. s̄. and at the thyrde day .xl. s. and so at euery daye after, more by x. s. in issues! for euery suche returne he shall forfayte .xx. s. viij. Edwardi iiij. Capitulo .ij

¶ The olde shyref shall haue power to retourne wryttes, and to execute his offyce duringe the terme of saynt Mighell, and Hillarie, after the yere of his sayde offyce expyred / onles he be lawfully discharged therof before 17. Edwardi. 4. Capi. 6.

¶ No shyref / nor other offycer shall sease or take the goodes of any persō beyng arrested or imprisoned for felony vntyll the same person be duely cōuicte or attainted of the same felo­ny by course of the comon lawe, or ex­cepte the same goodes be otherwyse [Page] lawfully forfayte, vpon payne to forfayte the double value of the goodes so taken to the partie greued suynge therfore by accyon of dette / wherin no wager of lawe, essoine nor protec­cyon shalbe allowed. 1. R. 3. Ca. 3.

¶ No Baylliffe nor other offycer in any panel within any countie of this realme shall retourne any person to be put in or vpon any Inquirie ī the turnes of Shyreffes, but suche as be of good name and fame hauinge fre­holde to the yerely value of .xx. s̄. or copiholde to the yerely value of .xxvi s. viij. d at the least aboue all charg{is} vpon payne to lese for euery person nat beynge sufficient, at euery tyme that they shall so offende .xl. s. and the Shyreffe other .xl. s. whereof one moyte shall be to the partye su­ynge therefore by accyon of dette / in whyche sute no proteccyon / nor essoyne shalbe allowed. But wa­ger [Page] of lawe is nat expressed. And for that cause it behoueth to make infor­macton therof in the eschequier .1. Richardi .iij. Capitulo .iiij.

¶ Shyreffes or other hauynge the custodie of Gayles shall certefye the names of euerye prysoner beynge in theyr custodie, and to them cōmitted for felony, vnto the Iusticers at the nexte generall Gayle delyuerie to be kalendred / vppon payne to forfayte for euery tyme that they shall make defaulte in so doing .C. s. iii. Henrici vij. Capitulo .3.

¶ Also the shyreffe nor no other {per}sō in his name or by his cōmaundement shal ētre no playntes īto their bokes in no mānes name on lesse the plaītif be there in his proper person orels by sufficient atturney or deputie that is knowen of good name and the pla­intiffe shall fynde pledges persons y^t be knowen in that countie to pursue [Page] his playnt / and the playntife shal haue but one playnt for one trespas or one contracte. And if the shyreffe or any other his officers cause to be en­tred any mo plaintes then the plain­tiffe supposeth that he hathe cause of accyon agaynste the defendant, then the shyreffe or his Clerke that dothe cause to be entred any suche plaintes contrarie to this acte shal forfaite for euery defaute .xl. s. the one halfe to hym that wyl sue and proue the same matter by acciō of dette or īformaciō.

¶ Also the Shyreffe shall make suf­ficient preceptes after suche playnt{is} entred agaynste the defendaunt dy­rected to the bailliffe of the hundreth to attache or warne the defendaunte to appere and answere to the sayde playntes / and if there be any defau­te in the sayde bayllyffe of the hun­drethe in warnynge or executynge of theyre offyces then to forfayte, [Page] xl. s. and to be couicte therof by era­minaciō of the Iusticers of the peace or any of them.

¶ The same Shyreffes nor theyr de­puties shall make none estreates to leuie the shyre amerciamētes tyl that ii. Iusticers of the peace wherof one to be of the Quorum haue the syghte of theyr bokes and the estreates to be endented bytwyxte the Iusticers of peace and the shyreffe and vndershi­reffe sealed with theyr seales / the one parte to remayne with the sayde Iu­sticers / and the other parte with the Shyreffe.

¶ And those persons that shalbe gatherers of the sayde amerciamentes shalbe sworne by the sayde Iusticers y^t they take no more money thē is for­fayte & conteyned in y^e estretes sealed with the seales of the Iusticers to y^e same vppon the same payne of for­faytoure as is aboue rehersed: the [Page] same gatherers to be cōuicte by exa­minacion of y^e same Iusticers / or one of them. And the same Iusticers of peace shalbe appoynted at the sessiōs holden at Mighelmas by hym that is costos rotulorum or in his absence by the eldyst of the Quorum to haue the controlemente of the sayde Shy­reffes vndershyreffes shyre Clerkes and other of the saide officers and of the sayde shyreffes amerciamentes.

And the sayd Iusticers of peace vpō suggestion shal make proces against the shyreffe vndershyreffe shyre cler­kes or other officers to appere before them to answere to suche suggestion or informacyon as is vsed in accyon of trespas. Anno secundo Henrici. 6. Capitulo .15.

¶ Also euery shyreffe shall cause to be taken all vagaboūdes idle people and suspect persones and set them in the stockes there to remaine at y^e first [Page] takynge by one daye and one nyght and at the seconde tyme to be in the stockes by thre dayes and thre nygh­tes w^t breade and water. And if any shireffe execute nat these premisses of euery vagaboūde hermite or beggar able to labour or Clarkes pilgrimes or shypmen as often as any suche cō­meth in sight or that he hathe therof any knowledge within the towne or place where he hathe auctoryte that as ofte as any suche misdoer abideth there aboue the space of one day and one nyght and depart vnexamined & vnpunished: for euery misdoer so de­parted the Shyreffe to lose .iii. s̄. iiij. d. and the Shyreffe in his tour­ne hathe auctoryte to enquyre of al y^e defautes of Mayres, Bailliff{is}, highe Counstabes / petye Counstables / and all other gouernours / and of other gouernours / and offycers of Cytyes / Townes and Vyllages / [Page] within theyr tourne and to haue .iij. s. iiij. d. for euery defaulte founde in his tourne. Anno. 19. Henrici. vij. Capitulo duodecimo.

¶ Also euery shyreffe vpon a precept directed vnto hym by the Iusticers of peace to returne a panel to enqui­re of any ryot or vnlawfull assemble committed shall retourne .xxiiii. per­sons dwellynge in the shyre / euery of them hauynge .xx. s. of freholde or .xxvi s. viii. d of copy holde or of both ouer all charges and to retourne in issues euery person .xx. s. at the fyrste day and at the seconde daye .xl. s. and if the defaulte be in the shyreffe for retournynge of persons nat beynge of that sufficiēce or for non retournyng of issues in fourme before sayde he to forfayte .xx. li. An. 19. H. 7. Ca. 15.

¶ Also if any ryotte or assemble of people be made in any parte of this realme agaynst the lawe / the Iusti­cers [Page] of the peace, or two of thē at the least / and the Shireffe or vnder shi­reffe may come with the power of the countie (if nede be) to arreste & bringe them and bring them before the same Iusticers of the peas. And the Shy­reffe or vnder Shireffe haue power to recorde that, that they shal fynd in theyr presence done contrarye to the lawe / and the offendour shalbe con­uicte by suche recorde. And if they be departyd before the cumminge of the sayde Iusticers, Shireffe, or vnder Shireffe, then shall the same Iusty­cers or two of thē within one moneth after suche riot, enquyre dylygently where the assemble was made. And yf the truthe can nat be founde / then the same Iustycers, or two of them, and the Shireffe or vnder Shyreffe aboue sayde, within a moneth nexte folowynge, shall certyfye before the kynge and hys counsel the hole dede [Page] withal the circūstances therof, which certificat shalbe as strong to put the parties to answere therupon, as an indytement founde by twelue men.

An. 13. H. quarti Cap. vltimo.

¶ And yf the saide riot or vnlawful assemble be not founde (by reason of any embracerye or mayntenaunce of the sayde Iurie, then the sayd Iusti­cers of peace and the Shireffe ouer and aboue suche certifycat that they muste make accordynge to the sayde statute made. An. 13. Henrici quarti, shal in the same certificat certifye the names of the sayde maynteynours & embrasyours in that behalfe (yf any be) with theyr mysdemeanours that they knowe, vpon payne of euery of the sayde Iusticers, and Shireff{is} or vnder Shireffes .xx. lj. yf they haue no reasonable excuse for non certyfy­enge of the same whiche certifycat so made shall be an indytement in the [Page] lawe. And euery person duelye pro­uyd to be maintenour or embrasyour shal forfayte .xx. lj. and to be commit­ted to warde there to remaine by dis­cresion of the Iusticers. An. 19. Hen­rici septimi Capitulo .13.

¶ Also that no Shireffe vpō wrytt{is} and preceptes dyrected to hym do re­tourne before Escheatours or Com­missyoners any person to enquyre of any lādes or tenemētes, except euery of the same Iurie haue lādes and te­nementes of the yerely value of .xl. s̄. aboue all charges in the same shyre vpō payn of forfaiture for euery per­son so retourned a hundreth shyllyn­ges. Anno tertio Henrici octaui Ca­pitulo secundo.

¶ Also al panels put in by y^e shireffe before any Iusticer of gaoledeliuere, or before Iustycers of peas (wherof one to be of the Quo{rum}) in theyr open sessiōs to enquyre for y^e kīg shalbe re­fourmyd by [Page] puttynge to, and takynge out of the name so impanelled by dyscrecyon of the same Iustycers. And that y^e same Iusticers or Iusticer shal cōmaunde euery Shireffe and theyr mynysters in their absences to put other persōs in the same panel by theyr discrecyon and the same panell so refourmyd by the Iusticers to be good. And yf any Shiref do not retourne the same pa­nell so refourmid, then euery Shiref so offendynge for euery suche offence shal forfayte .xx. lj. halfe to hym that wyl sue by accion of det, byl, or com­playnte where suche shal fall or be, & no wager of lawe, essoine, nor protec­cion shalbe allowyd.

¶ Also vpon euery exigent (where wryttes of proclamacion are to be a­wardyd) the same wrytte of procla­macyon to haue the same daye of re­tourne that the exigent hathe, and to be deliuerid of recorde, and the Shi­reffe [Page] to make proclamacion thre seueral dayes in h{is} playn Coūtie / wherof one of the proclamacions to be made at the general sessyons in those par­tyes where the partye is supposed to be dwellynge, that he yelde hym selfe to the Shiref of the foren shyre that the Shireffe maye haue the bodye at the day of the exigent retournable to answere to the plaintes, and that the Shiref of the sayd countie that hath suche wryttes of proclamacion duely execute y^e same, and therof make due retourne at the daye appoynted ī the same wrytte, vpon payne to forfayte suche amerciament as by the Iusty­cers shalbe assessyd.

¶ Shireffes, Bailliffes, Constables and al other hede officers, and euery of them fyndynge or knowynge any person vsinge or exercisinge any vn­lawefull games contrarye to the sta­tute, haue ful power to cōmitte euery [Page] such offendour to warde, there to re­mayne without baylle or maynpryse to suche tyme, as they so offendynge be bounden by obligacion to the kin­ges vse in suche somes of money as by discrecion of the sayde Shireffes, or other offycers shalbe thought rea­sonable, that they from hense forthe shall nat vse any vnlaweful games. An. sexto. H. octaui Cap. secundo.

¶ If any impotēt {per}son begge with­in any other place then within suche lymyttes as he shalbe assygned / the Shireffes and all other the Kynges officers shall by theyr discrecyon pu­nyshe suche persons by imprisonmēt in the stockes by the space of .ii. daies and two nightes gyuinge thē breade and water only, and after that cause them to be sworne to retourne again to the place where they be licensyd to begge. Anno. 22. Henrici octaui Ca­pitulo duodecimo.

¶ The Iusticer of peas vpon infor­macion or presentment made against any Towneshippe for non executing of this acte, shall make proces by dy­stres against the inhabitantes of the towne, and therby the Shireffe shall distreyne the goodes of one or two of the inhabitauntes of the towne as he may knowe for necligent in the town and retayne the dystres tyll he fynde suertie to appere at the sessyōs before the Iustycers.

¶ And vpon the retourne of the shi­reffe of the dystres, yf the person ap­pere nat, then euery suche person to lose .xl. d. at the fyrste distres, and at the seconde distres .vi. s̄. viii. d. vpō hys defaulte, and so to be doubled at euery distres tyl apperaunce be had.

¶ Shireffes that haue custodye of Gaoles shal make seales to be grauē with the name of y^e castell that he ke­peth for to gyue, and seale wryttes [Page] to prysoners acquyted to begge for theyr fees within the hundreth wher he is deliueryd by .vi. wekes next af­ter his deliuere, and then to go to the hundreth where he laste dwellyd by. in. yere, or where he was borne. The Shireffe shal nat suffre any such prisoner to begge for his fees, nor to de­parte but to do seruyce and laboure, tyll that he delyuer hym suche letter, and the Clerke of the peace to make the briefe within one daye after the sessions, vpon payne of twelue pens to the kynge. Anno. 22. Henrici. 8. Capitulo .12.

¶ For distroyng of Crowes, Rokes and Choughes, it is ordayned that euery person hauing any maners lā­des and tenementes in theyr manu­rance, shal do as moche as in hym is resonable to kyl and distroye y^e same Crowes, Choughes, and Rokes bre­dynge or abidynge vpon hys landes [Page] or tenemēt{is}, vpon pain of a greuous amerciamēt to be set. And yf y^e offēce be within the lymitt{is} of letes, rapes, or court barons, then to be set by the Steward with two of the {pre}sentours by the Stewarde and presentours to be named vpō the presentment foūde and presentyd, and to be reasonably assessid after the quātite of the offēce. And the amerciament to be to y^e lord of the laweday, and yf any person be lorde of suche manours, or inhabyte there (where vnto any such laweday, or rape is belongynge) then vpon a presentment had before the Shireffe in his tourne with two of the presen­tours to be chosen by the presētours, shall cesse the sayde amercyament by theyr discrecion to the vse of the king and be leuyed by distres. Anno. 24. Henrici. 8. Capitulo .10.

¶ And the Shireff{is} in theyr turnes shal gyue in charge to the tenauntes [Page] and inhabitauntes apperinge before them that they shall duely enqueare, and put in execucion the effecte of th{is} acte.

¶ Shireffes shall holde theyr cour­t{is} frō moneth to moneth. And where greater tyme is wonte to be, greater shalbe. Magna Carta. Cap. 33.

¶ The kynge cōmaundeth that shi­reff{is} and theyr offycers which receiue his dettes shal acquite lawefully the dettours at the next accomptes after that they haue receyued the det: and then it shall be allowed at the Esche­ker / so that it shal not come in the so­mons after. And yf the Shireffe do otherwise, and be attainted therof, he shal rendre thre tymes so moch as he hathe receyued, and shall make fyne at the kynges wyll. And yf another do it, for whose hande he is aunswe­rable at the Eschequyre, he shal ren­dre the treble therof to the plaintiffe, [Page] and shal make fyne in the same. And the Shyreffe shall make tayles to al them that haue paide him the kinges dettes. Westmynster primer Capi­tulo nono.

¶ Concernynge shireffes and other which haue leuied the kynges dette, and make tayles or other acquitance to the dettour, and discharge him nat It is agreed that when the shiref is impledyd therfore in the Escheker by the dettour, if he come nat at the dy­stres, then shall another distres be a­warded retournable at a certain day, wherin it shall be commaunded that proclamacion be made ī the full coū­tie, that the defendaunt shal come in by a certayne day to acquyte the det­tour of the summe, for which he made him the acquitance or tayle, at which yf he cōe nat ī, & the writ be retourned and the proclamacyon certyfyed, he [Page] shalbe holden conuicte, and the dett [...] shalbe leuyed of hym, in lyke mane [...] as dette recoueryd, against him in y^e kynges courte, and damages shalbe awardyd to the playntif accordynge to the discrecion of the Barons. 14. Edwardi. 2. in the estatute of Attain­tes the laste Chapitre.

¶ The kynge cōmaundeth that all Shireffes, and Bailliff{is} which haue receyued his dettes, of the somons of thescheker, whiche acquite nat y^e det­tours vpon the nexte accōpte, shalbe punyshed accordynge to the estatut{is} made. Distressys of the Eschequyre Capitulo quinto.

¶ It is ordayned that execucyon of writtes which come to the Shireffe, be made by the hundreders knowen and sworne, and in the full countie, & nat by others, yf it be nat for greate scarsyte of hundredars. For then it shalbe done by other persons conue­nient [Page] and sworne. The estatute of Lyncolne the laste Chapitre.

¶ Shireff{is} shal nat be charged with the leuyeng of any issues, nor shal le­ [...]ye any, before they come out of the Escheker by the extrates there to be [...]euyed. And yf percase any Shireffe retourne issues vpon any recognitor pledge or manucaptor, by hī assessyd and retourned into our court, which to the payement of the same issues or amerciamentes at the tyme of the re­turne was insufficiēt: the same Shi­reffe shal be charged therwith at the Escheker, and shal make tailes to al persons of al maner of thinges by hī receyued, and shall nat retourne any where the names of manucaptores, Iurrours or other, except it be accor­dynge to the tenour of the wryttes to them directyd, nor shal retourne the names of pledg{is} of fre mē any wher, oneles they haue manifestly cōfessed [Page] them selues pledges. Thestatute o [...] Fynes. Capitu. secundo.

¶ No Shiref, Coroner, or other th [...] kynges mynysters shall take no rewarde for doinge his office, and if h [...] do, he shal paye the double, and shal [...] be punished at the kynges wyll, bu [...] shalbe payed of that which they tak [...] of the kynge. Westm̄. Cap. 26.

¶ Shireffes shal not suffre any bar [...] rettour or maynteynour of matters within h{is} countie, neyther stewardes of greate lordes or other (whiche b [...] not attourneys to theyr lordes to do theyr suytes) nor to syt vpon the iud­gementes of the counties, nor to pro­nounce them excepte he be therto re­quyred of al the sutours and attour­neys y^t shalbe there at the same iour­ney. And yf he do the contrarye, the kynge shall take it greuously to the shireffe and the offēdour. Westm̄. 1. Capitulo .31.

¶ It shalbe leful for euery Shireffe Iusticer of peace and Escheatour to fease to the kynges vse al such good{is} and cattels that such persōs as come within this realme y^t be called Egip­siās haue, and therof to make accōpt to the kynge in his Escheker, and to retayne and kepe the moyte therof to hys owne vse, and accompte for the residue, and to pay no fees for the ac­compt nor for his discharge therof.

¶ In these statutes it appereth what thing the shireffe ought to do by rea­son of his offyce, & that he ought not to take any thing for doing h{is} office, but onely that whiche is appoynted to him by the same estatute. And if he do or take any thyng otherwyse, it is extorcyon whiche ought to be enqui­red vpon by Iustycers of the peas, & the Shiref shalbe punished therfore.

¶ And if any Shiref do any extorciō to the people, and be duely atteinted [Page] thereof, he shalbe straytly punyshed therfore at the pleasure of the kynge. An. 1. H. 4. Capitulo .11.

¶ Shireffes maye, and are bounde to enquyre of comen annusanc{is} done to al maner of the kynges subiectes / but nat of assaultes made vpon any priuate person for that is but a perti­culer offēce, by Martin. iiii. Hen. vi.

¶ The Shireffe must kepe h{is} turne within a moneth after Easter, & with in a moneth after y^e feast of S. Mig­hel. And if he kepe it at any tyme af­ter the moneth of the sayde feastes, it is voyde by the estatute of. An. 31. E. 3. Cap. 19. And al indytementes, and presentmentes there taken after the same tyme be voyde.

¶ Blodeshed shalbe enquyred of, in the Shireffes tourne, bycause it is an artycle that is to be inquyred of in a Lete. Al Letes be deryued and taken out of the Shireffes tournes / in so [Page] muche that for defaulte of inquery in Letes of thinges inquerable there y^e same thinges there omitted oughte to be inquired of in the turnes of shi­reffes, P. 8 Edwardi, 4.

¶ And all the Iusticers sayde that the shyreffe in his tourne hathe auc­torite to inquire of all thynges that be trespas, or felony by the comō law (excepte the deathe of a man) but of trespas or felonye made by estatute / the shyref in his turne hath no power to inquire of M. 28. Edwardi. 3.

¶ And if the shyreffe in his tourne ī­quire of Nusances, that shulde be inquired of in the Lete of another, and the same be founde / yet maye he nat distreine for the amerciament of such a presentment. For if he do he is tres­passour. But if there were a defaulte in the lorde of y^e Lete in that he wolde nat inquire, or fynde the same / when he ought to haue inquired therof: in [Page] this case it semeth that the shyreffe in his tourne may inquire of it ī defaute of the lorde. M. 28. Edwardi. 3.

¶ And if one haue a fayre or market by graunte or precripcyon, and kepe nat his fayre or market as he ought the Shyreffe ought to inquire ther­of in his tourne. [...]2. Henrici. 6.

¶ Vpon a presentment of Nusance in the shyreffes turne, the partie shal be amercied there by the shyreffe, whiche may distreine for the amerciamēt And if purpresture be presented there the shyreffe may abate the same / and refourme it. P. 26. Edwardi. 3.

¶ Also it apperythe by the Boke of Breton that vnto the turne of the shireffe ought to come al the freholders of the hundred / and other lande te­nauntes (Clerkes men of Relygion and wymen onely excepte) wherat y^e shyref shal cause .xii. of the most sage and sufficyent persons of the hūdred [Page] to be sworne. And then shall all the residue be sworne by dosins, and by y^e townes, whiche shal make theyr pre­sentment to the fyrste .xii. Iurrours vpon y^e articles wherwith they shall be charged. And it semeth that the Shireffe ought to holde his tourne ī euery hundred within the coūtie.

VPon a precepte made by the Shyreffe to a Bayl­lyffe of a libertye vpon a writte of distres directed to the shyrefe to distreine the defendant in the same writte, or y^e Iurrours in any inquest / the Bayl­life muste retourne good and suffici­ent issues vpō y^e defēdant, or vpon y^e Iurrours if they haue sufficiēt gooddes or lādes w^tin his bailiweke / & if he do nat y^e plaītifī y^t acciō shall haue an auerment y^t he might haue retur­ned greter issues, if y^e defēdāt make defaute, or y^e iurrours by the Sta. 1, E. 3 [Page] Capi. 5. And Iusticers of the peace must inquire if y^e Bailliff{is} haue done their offyce in that poynte.

¶ Also they must inquire if Bailliff{is} of liberties whiche be kepars of any gayle enforce any of theyr prisoners to be appealours to y^e entent to haue a fyne of y^e parties appealed for doute of imprisonment. primo Edwardi .3. Capitulo .7.

¶ Bayliffes of liberties whiche take inditementes in theyr tournes / or o­ther where, ought to take them by indenture / wherof the one parte shall remayne with the inditours, and the other with the Bayllyffe .2. Edwardi 3. Capitulo .17.

¶ None shalbe made Baillyffe of li­bertie, excepte he haue sufficient land in the place where he is mynistre / to make answere to the kynge and his people .4. Edwardi .3. Capitulo .9.

¶ Bayllyffes of liberties whiche be [Page] Gaylours and haue the kepynge of prisōs ought to receyue & safely kepe all theues delyuered to them by the Constables of the townes, beyng in­dited, takē with the maner, or appea­led of felonye without takyng ought .4. Edwardi .3. Capitulo .10.

¶ Bayllyffes of liberties muste re­ceiue suche persons as be arrested in theyr fraunchyse by the Const [...]bles / for suspicion of felonye / that walke in y^e countrey by nyght / or be of euyl name / and shall kepe them in pryson vntyll the comynge of the Iusticers of gayle delyuere / and in the meane tyme the Baylliffes muste inquire of them .5. Edwardi .3. Capitulo .14.

¶ Baillyffes of liberties, Cōstables and other offycers of townes where loyterars and vagabundes resorte haue power to examyne theym dyly­gently, and compel them to finde su­rety by suffycyent mainpernours be­ynge [Page] distremable of theyre good be­hauour. And if any defaute be foun­den in the same loiterars and vaga­boundes, and can nat fynde suretie / they shalbe sente to the nexte Gayle there to remayne vntyll the cominge of the Iusticers of Gayle deleuirie / whiche may do with thē as they shal thynke best by the course of the lawe 7. Richardi .2. Capitulo .5.

¶ No seruaunte or labourer at the ende of his terme shall departe out of the hūdred or Rape where he is dwellynge to dwelle any other where on­les he bringe a lettre patente contey­nyng the cause of his goyng vnder y^e kynges seale therto assygned, And if any seruaunte labourer be foūde va­garāt without suche letter, he shalbe takē forth w^t by the shireffes, Maires Bailliff{is} or other officers: & put ī stockes vntyl he finde suretie of retourne to the towne to serue from whens he [Page] came, vntyll he haue suche a letter to departe for cause reasonable .12. Ri­chardi .2. Capitulo .3.

¶ Baillyffes of liberties haue pow­er to arrest seruauntes & labourers y^t weare daggers sweardes, & kniues: & them to sease & kepe vntyl the sessiōs of the peace, and the weapons to pre­sēt to the Iusticers there with the names of them that bare them, and the weapons shalbe forfayte, except they be trauailing in the coūtre with ther maysters, or in theyr landes or busi­nes .12. Richardi .2. Capitulo .6.

¶ Shyreffes and Bailliffes of liberties in theyr liberties are bounden to receyue seruauntes & labourers beggynge and vagarante / and them to deteyne in prisō without bayle, w^tout takinge of any fee or other thynge of them at theyr entre or departynge by thēselues or by their deputies vpō pane of .C.s̄ to y^e kinge .12. R. 2. Ca. 9.

¶ Bayllyff{is} of liberties to whome y^e keping of the assyse of breade and ale and the correccion of the same belon­geth, shall take no amercyament nor fyne for no defaute touching the sayd assyse for which the offendour ought by the lawe to haue corporal penaū­ce, but they shal adiudge them to the same penaunce. And Bayllyffes of lyberties and all other that haue the kepynge and ouer syght of vitaylles shal put in due execucion the estatute made ī the .xxiij. yere of Edwarde the thyrde whiche begineth Quia maior pars populi. &c. 13. R. 2. Capi. 8.

¶ Bouchers, Fyshers, Hostellars, Brewars, Bakers, Pulters, and all other sellars of vitailles are boundē to sel such maner of vitailles at a re­sonable pryce, hauynge regarde to y^e price wherat suche vitailles are solde in other places nere / so that they maye haue a competente gayne and [Page] nat excessiue accordīg as by y^e distāce of the places (frō whēs the vytailles are caried) they shal thynke reasona­ble to be required. And if any sell vi­tayll{is} ī any other maner & thereof be conuicte, he shall paye the double of that he hathe receyued to the partye endāmaged, or in his defaulte to any other that wil sue therfore. And Maires and Baillyff{is} of townes. &c. haue power to enquire of al such as offēde agaynst this ordinaūce in any poynt And in case that the same Mayres, & Bailliffes be necligent in doynge ex­ecution of y^e premisses / and therupon be conuicted by the Iusticers assyg­ned by vs, they shalbe copelled by the same Iusticers to restore the treble value of the thynge solde to the par­tie greued, or to any other that in his defaute wyl sue and neuertheles shal be greuously punyshed agaynste vs 23. Edwardi .3. Capitulo .6

¶ No Stewarde, Bayllyffe, nor o­ther ministre of lordes of fraunchises whiche haue returne of writtes shall be atturney to any person in any matter within the same fraūchyse or bai­lewike where he is officer at any ma­ner of tyme .4. H. 4. Capitulo .19.

¶ If any heynous riotte be made, y^e Iusticers of the peace, and the shiref or vndershireffe ought to do theyr of­fyce accordynge to the estatute made 13. H. 4. And if they do nat, at the sute of the partie greued a Commyssyon shall go forthe to inquire therof, and of the defaulte of the Iusticers and the shyreffe, and the Coroner shal serue the processe / and he must retourne persons that haue lande to the yerely value of .x. li. and shall retourne also xx.s̄. in issues at the fyrste daye, and forty shyllinges. at the seconde / and at the thyrde. C. s. and so double it at euerye daye after. And if defaute [Page] be in the Coroner in retournyng the issues / or of persons of suche lande / he shall lese .xl. li. And if the olde shy­reffe be discharged, the newe shyreffe shall serue the processe / and nat the Coroner vppon payne of .xl. li. if the defaute be founden in hym, touching the retourne of other persons by him impanelled whiche haue nat landes to the yerely value of .x. li. or to returne suche issues as the Coroners be charged with And Bayllyffes of ly­berties are bounden for to impanell sufficient persons, as aboue is sayde vpon payne to lese .xl. li. in case that suche persons may be founden withī his bayleweke .ij. Henrici .5. Capi. 8.

¶ Bayllyffes of fraunchyses ought to make theyre retournes / and aun­swers vnto the Shyreffe vppon his precept made vnto them in a speciall wryt of assise .vi. dayes before y^e daye of y^e sessiōs, vpō paine to forfayt, xl. l. [Page] for euery tyme that they shall do the contrary .vi. Henrici sexti Capitulo secundo.

¶ Where a precepte is made to the shyreffe by Iusticers of the peace to retourne a panell to inquire of forcy­ble entre, and he sendeth his precepte to y^e Baillyffe of y^e libertie to returne the panell bicause y^e ryotte was done within the libertie nowe is the Bail­lyffe bounden to make due retourne and execucion of the preceptes to him directed / vpon payne of .xx. li. for e­uery defaulte. And the estatute wyll that the Shyreffe shall retourne .xx. s̄. in issues vpō euery Iurrur at the fyrste daye / and that euery Iurrour whiche shall passe in the inquiri, shal spende .xl. s. yerely / wherby it semith that Bayllyffes of liberties are boundē to do likewise, if so many of y^t saide Iurrours be w^tin his libertie, for els he is nat. 8. H. 6. Cāpitulo .9.

¶ Baillyffes of lybertyes in attain­tes vpon ple of lāde of the yerely va­lue of .xl.s̄. or more / nor in attaintes for dedes concerninge landes of lyke value / nor in attayntes vpon perso­nall accions wherin the recouerie ex­tēdeth vnto .xl. lj. or more shal nat re­tourne or impanell any persons in such inquest{is}, but those y^t be dwelling within hys bailewike, and that haue estate to theyr owne vse in landes or tenement{is} for terme of lyfe to the ye­rely value of twenty pounde or more within hys baylewyke out of auncy­ent demesne and the fyue port{is}. And at the fyrste daye of the dystresse re­tournyd, shal retourne no lesse issues in suche accions of attaynte, then .xl. s̄. and at the second distres .C.s̄. and the double of euery other distres vpō the persōs so impanelled and retour­ned. And yf he do the contrarye, he shall pay .x. lj. to the kinge & as moch [Page] to the partye .15. Henrici sexti Ca­pitulo quinto.

¶ Bayllyffes and other the kynges offycers may arrest those souldiours that come from the see and shewe nat letters testimonials from their Cap­taynes that they haue licensyd them. And they shall kepe them vntyll they haue enquired whither that they had lycense or nat / & yf they haue no such lycense, then shall they be punyshed as felons .18. H. 6. Capi. 19.

¶ No Ballyffe of a lybertie (vpon ani precept to hī directed to retourne the panel of any enquest) shall in the same retourne any Baillyff{is}, officers or seruauntes to any offycer aboue­sayd, nor shal take any thynge by thē selfe or by other of any persō by them arrested or attached. to theyr owne vse or aueyle / nor of any other persō for any arrest or attachemēt by y^e bo­dye made by them, or that is arrested [Page] by vertue of theyr offyce, for fyne, fee, suyte of prison, mainpris, lettinge to baille, or shewynge of any ease or fa­uour to any person so being arrested for theyr rewarde or profite, but as is here lymitted / that is to wete for the Shiref .xx. d. the Baillyffe that ma­kys the arreste. iiii. d. and to the gay­lour yf the prysoner be commytted to him. iiii. d. And no Baillyffe of any libertie, nor Coroner by him selfe nor by other by colour of his offyce shall take any thynge for the makynge of retourne or panell / and for the copye of a panel but .iiii. d. Also Baylliffes of lyberties shall let out of pryson all persons by them arrested or being in theyr kepynge by force of any bylle, writte, or warrant in any accion per­sonal, or by force of any indytment of trespas, vpon reasonable suertie ha­uing sufficient within the baylewike wher they be let to bale, to kepe theyr [Page] dayes in the same places as the same bille, writte, or warrant shal require / those only excepted, which be ī warde vpon any condempnacyon, or be ex­comunicate, or outlawed, or arrested vpon suertie of the peas / and vaga­raūtes that refuse to serue. And that the sayd Bailliffes shal not take any obligacion of any person, nor by any persō beyng in theyr warde by course of the lawe, for any the causes aboue rehersid, but in y^e name of theyr office and vpon the cōdicion that the same persons shall appere at the dayes cō­tayned in the sayde writtes, bylles, or warrantyes, and in suche places as they require. And yf any Bayllyffe take ani obligaciō in any other four­me by colour of hys offyce, it shalbe voyde, and that he shal take no more for the makinge of any suche obliga­cion, warrantie, or precepte by them to be made, but four pēs. And yf they [Page] do contrarye vnto thys ordynaunce in any poynt, for so doinge they shall rendre to the partie greuyd h{is} dama­ges treble, and shal forfayt for euery tyme that they do the contrarie .xl. lj. the one halfe whereof shalbe to hym that wyll sue in any of the kīg{is} cour­tes therfore. &c. 23. Hērici sexti. Ca­pitulo decimo.

¶ Bayllyffes of lyberties ought to sease the good{is} of any persō arrested, or imprisoned for felonye, before that they shalbe conuicted or attaynted of the same felonye accordynge to the lawe, orels that the same goodes be otherwyse forfayted, vpon payne to forfayt the double value of the good{is} so taken, vnto the partyes endama­ged, suinge therfore by accyon of det, wherein no wager of lawe, essoygne, nor proteccion shal in any wise be al­lowed to the defendaunt. primo Ri­chardi tertu Cap. tertio.

¶ Bailliff{is} of lyberties that be gao­lers and haue the kepyng of gaoles, shal certifye the names of euery pry­soner in his gaole that is there for fe­lonie, at the next general Gaole deli­uere in euery countye or fraunchyse (where such gaole is) to be kalendred before the Iustices of the same gaole delyuere, vpon payne to forfayte for euery defaulte there recorded. C. s̄. An. tertio Henrici septimi Cap. 3.

¶ All Bayllyffes & other heed offy­cers, and euery of them fyndynge or knowing any person vsing or exerci­sing any vnlaweful games contrary to the statut{is}, haue power to cōmytte euery such offēdour to warde, & there to remayne in pryson without bayle, or mainprise, tyll suche tyme as he be bounde by obligacyon in suche sum, as by dyscrecyon of hym that taketh the bonde semeth reasonable, to the King{is} vse, that he shal play no more. [Page] An. sexto Henrici octaui Cap. secūdo.

¶ All statutes made against Shy­reffes, vnder Shireffes, Baillyffes / or other ministers for makinge or re­tourninge of panels, or iuries, or for due execucion or seruinge of writtes, or other proces, or for takyng of fees, or for the reformacion of extorcyons, or for any other thynge concernynge theyr offyce, and all paynes contay­ned in euery suche estatute, shalbe ex­tendyd to all Stewardes, Bailliffes and other ministers, and offycers of liberties and fraunchises hauing re­tourne of wryttes, & execucion therof in lyke maner as they extēde to Shi­reffes, theyr vnder Shireff{is}, Bailliff{is}, or other mynysters, sauynge that the Bayllyffes, and offycers of lyberties maye occupye theyr offyces for as long tyme as they shalbe giuen vnto them. Anno. 27. Henrici octaui Capitulo .23.

YE shal enquyre of Esche­tours, yf they haue duely executed theyr offyce, and yf they haue taken any more for doynge thereof then they ought, or yf they haue com­mytted and done any extorciō, or op­pression vnto the king{is} people by co­loure of theyr offyce. And therfore ye shal vnderstand that no Escheatour ought to medle, or enquire for y^e kīg, but in case where the kynge of ryght ought to be entyteled, and haue the lande or thing that is founde for him by the enquest, for yf one holde of the kynge as of his duchie of Lancastre by knyghtes seruyce, & dye hys heyre beinge within age, the kynge ought to haue the warde of y^e heyre, and the lande. And yet in that case yf the Es­cheatour [Page] fide it by office, he shal haue nothinge for the fyndinge therof, by­cause the tenant helde not of the king in chief as of his Crowne. And ther­fore the kyng may entre and sease the lande and the heire without offyce, & may graunt it. In lyke maner yf the Escheatour fynde by offyce that one dyed seasyd and helde of other lord{is}, and not of the kynge by knight{is} ser­uyce, and that he is deade & his heyre within age, the Escheatour shall de­maunde nothing of right for finding of suche an offyce. And so yf he fynde an offyce that one died seasyd of such a manour in fee, and held of the king as of suche an honoure or Castell by Knyght{is} seruice, and his heyre withī age: yet ought not the Eschetour to haue any fee or dutie for the fyndyng of that offyce, and if he take any thīg therfore, it is extorcion, which is well prouyd by a wryt of (diem clausit ex­tremum) [Page] the wordes wherof be these. Quia Georgi{us} Fer. qui de nobis tenuit in capite die quo obijt, diem elausit ex­mum, vt accepimus, ideo tibi precipi­mus. &c. Wherby it apperyth that yf one holde not of the kynge in chiefe, the Eschetour ought not to haue the fee of forty shyllynges for fyndynge of the offyce. And yf he take it in that behalfe it is Extorcyon.

¶ And in assise yf the defendant say that the landes are seasyd into y^e kin­ges hand{is} by the Eschetour / and the Escheatour beinge there present and examyned by the Iustices there vpō do confesse that he hathe seasyd the landes into the Kyng{is} handes, wherin dede he hathe not so done: in thys case the Eschetour doth wrong to the plaintyf, which may haue an accyon vpon his case against the Eschetour for his falsed / and for the delaye that he hathe susteyned throughe that cō­fessyon [Page] by suynge to the Kynge for a (Procedendo)

¶ None shalbe Subeschetour, onles he haue suffycient lādes in those pla­ces where he is officer to aunswere to the King and his people / in case that any wyll complayne agaynste them. Anno quarto Edwardi tertii Capi. [...]ono et An. 5. eiusdem Cap. 4.

¶ The Escheatours shalbe chosen [...]uery yere, as the Shireff{is} shalbe, and [...]y the same persons y^t chose the Shi­ [...]effes. And that no Eschetour shall [...]byde in his offyce aboue one yere.

[...]n. 14. Edwardi tertii Cap. 7.

¶ The Eschetours shal not do wast [...] Byshopprykes / and other places [...]uringe the vacacyon of them / ney­ [...]er shal sel vnder wodes, nor chase [...] parkes or warrēs, nor fyshe in pō­ [...]es, or fre fyshynges / nor maye take [...]o fin{is} of any tenemētes fre nor bōde [...]ut shal cause thē to be kepte & sauyd [Page] without doinge damage, or any ma [...] ner of oppression. An. 24. Edward [...] tertu Capi. quarto.

¶ So by thys estatute it apperyt [...] that it appertayneth to the offyce o [...] an Escheatour to sease the tempora [...] lytes of Archebishopprikes, Bishopprykes, and Abbeis of the king{is} foūdacyon, duringe the vacacyon of th [...] same, and to take the profites, and t [...] accompte for them to the kyng in th [...] Escheker. Howe be it there is an other estatute made in the same yere [...] the effect wherof is, that if the, Dea [...] and Chap. Priour, or Supprior, wy [...] take temporalties to ferme, payeng [...] the value accordynge to the remembraunces in the Escheker, that the [...] shall haue thē before any other. An [...] by an other estatute made the sam [...] yere Capi. quinto the Chauncelou [...] Tresorer of the Escheker takinge t [...] them suche other of the counsell, a [...] [Page] [...]hey shal thinke good, shall lease the [...]acacions of Archbyshoprikes, By­ [...]hopprikes, Abbeis Priories, and o­ [...]her houses of religion (thaduoidāce [...]herof belong to the kīge) the Dean [...]nd Chapitre, Priour, or Supprior, [...]riores, or Suppriores, and Couēt, [...]t a certaine rent to paye by the yere, [...]uarter, or moneth, durynge the va­ [...]cyōs as they shal thinke best, with­ [...]ut makynge fyne. And neyther the [...]schetour, nor any other offycer shal [...]ke cause or matter, to entre, or to [...]edle; or do any thynge in preiudyce [...]f the churche. Sauinge to the kyng [...]nd his heires knightes fees aduou­ [...]ns, Escheates, Wardes, Mariages [...]elyeffes, and seruyces to the sayde [...]es belongynge. In wytnes wherof [...]e kinge caused his letters patentes [...] be made therof, datyd at Westm̄. [...]e eyght day of April the yere aboue [...]encioned, wherby it appereth that [Page] thauctorite aforesaid to make leasse [...] was gyuen to the Chaunceler and [...] Treasorer by the Kynges letters pa [...] tentes. &c. An. 14. E. 3. Cap. 6.

¶ Theschetours and other the ki [...] ges ministers must accōpt in thesch [...] ker after this maner / that is of land [...] and tenementes wherof profyte arysyth from tyme to tyme throughe ou [...] the yere as of Mylnes / herbages [...] tolle / plees / profytes of courtes / o [...] such other issues & profites, they sha [...] be bounden to aūswere the Kyng f [...] the rate and value of the tyme acco [...] dyng to the olde course of thescheke [...] And touchinge auncient fermes an [...] rent{is}, that are to be payed at certain [...] termes as rent secke, and rēt seruyce [...] wherof no profyte arysyth vntyll th [...] daye of payement: suche rentes an [...] fermes shalbe payde vnto them tha [...] haue lyuere therof out of the kynge hand at the termes of paiment of th [...] [Page] said fermes & rent{is} next folowīg such liuere made, aswel for the time passid as y^e tyme to come. An. 28. E. 3. Ca. 4.

¶ The Kyng and his progenitours haue ben seased of forfaytur{is} of war­res, tyme out of mynde that is aswel of land{is} and possessions, as of good­des and cattels. And by colour ther­of thescheatour by theyr offyce haue seasid many landes, and tenementes as forfait{is} to the king, surmising tre­son in some persones beyng deade at the tyme of the seaser, whiche neuer were attaynted in theyr lyues, the kinge hath ordayned touching suche forfaitures that fel in the tyme of his graundfather or before, that so sone as an inqueste thereof shalbe retour­ned into the Chauncerye by any Es­cheatour or other that hathe power to enquire thereof, the tenaunt shall nat be put out of possessyon / but shall be warnyd by a Scire facyas [Page] to appere at a certayn daye for to aū­swere vnto the same, yf he wyll. And yf no suche forfayture be founde the kynges hande shalbe closyd, so that in al other cases of forfaitur{is} of trea­son by persons deceasyd nat attayn­ted, nor iudged in theyr lyues, theyr heyres nor lande tenauntes shall not be challēged nor empeched of any o­ther forfaytures, but of those onelye that haue bene iudged in time passed afore the deathe of certayne persons, by presentment in Eyre or in the kyn­ges benche as of felons of the kynge & other. And therfore it semeth that yf one moue warre againste the king in his realme, and is slaine in y^e same than the Escheatour maye sease the landes and tenement{is}, as forfayture of warre without any other enquerie to be made therof.

¶ Euery Escheatour must take his inquestes of offyce of good & laweful [Page] men sufficient of inheritance, and of good fame, and of the same countye where thinquere shalbe made. And thinquestes shalbe indented bitwe [...]e theschetous and the Iurrours / and yf it be otherwyse done / they shalbe voide, and they shalbe taken in good townes openly.

¶ Trauerse may be takē to thesche­tours offyce, wherby any alienacyon or dyenge seased or y^t the heyre is w^t ­in age, & the lande holden of the king in chiefe is founde.

¶ Landes seased into the kyng{is} hā­des by reason of warde, shalbe kepte without wast, And theschetours shal haue no fee of venisō / fishe nor other thynge, but shal aunswere the kynge of thissues and yerely profytes arry­singe of the sayd lādes without wast And if he do otherwyse, then to make fine at the kinges wyl, and to pay treble damages at the suyt of theyre / as well with- [Page] sute of the partye, or of the kynge, or any other person that wyll sue: they shall encurre the payne of .xl. li. the moyte to him at whose suyt they shal be conuicte. And that no landes sea­sed into the kinges handes shalbe let to ferme by the Chauncellor / vntyll thinquestes and verdytes be retour­ned into the Chauncery, and by one monethe after the same retourne, ex­cepte it be to the partye greued why­che was put out of those landes by y^t inquestes, and wyll offre to trauerse them / and shewe good euydence, and fynde suffycient surety to sue his tra­uerse with effecte, and to paye to the kynge the yerely value of the landes if it hap to be discussed for the kynge And if any letters patētes of any lā­des or tenementes to the contrary be made to any other person then to hī that offerethe to trauerse / or be let to ferme with in a Moneth▪ nexte to the [Page] sayde Moneth of retourne they shall be voyde and holden for none. Anno 8. Henrici. 6. Capitulo .16.

¶ Escheatours and commissioners shall retourne thinquestes taken be­fore thē into the Chaūcery, or in thes­chequer within one moneth nexte af­ter the taking of the same / vpō paine of .xx. li. the one moyte to the kynge / the other to him that wyll sue. Anno. 8. Henrici. 6. Capitulo .19.

¶ And yf any Eschetoure take any offyce before hym, and do nat retour­ne the same into the Chaūcery or theschequer, within the moneth next af­ter the takyng therof, he shal incurre the payne of .xl. li. forfayte by thesta­tute made. An. 8. Henrici. 6. and fur­ther shalbe boūden to pay to the king as muche as he is endamaged by the nat returninge of the same, And that the Chauncellor of Englande callīg to him the Tresorer of Englāde may [Page] lease suche fermes for the due execu­cyon of the sayde Estatute. Neuer­theles it appereth that the same esta­tute gyuethe but .xx. li. of forfayte a­gainst theschetour, or Commissioner Therfore serche for the true recorde of both the statutes. Anno. 18. Henri. 6. Capitulo septimo.

¶ Escheatours muste take theyr in­questes of office by vertue of the writtes of (Diem clausit extremum) and al other wryttes within one moneth af­ter the receyte of the same / and that suche inquestes be takē in good tow­nes and open places. And that none of them priuely nor opēly by him self or by other take any thynge for thex­ecution of suche writtes in one coūtie aboue the sume of, vi. s̄. viii. d. or. xiij s. iiij. d. or vnder with hys laboure and his costes so that the summe that he hath taken all togither excede nat aboue. xl. s̄. for thexecutiō of any such [Page] wrytte in one Countie. And if he do contrary to the premisses, then to for­fayte the summe of .xl. li. the moite to hym that wyll sue for the Kynge and himselfe. Anno. 23. Henrici sexti Ca­pitulo decuno septimo.

¶ None shalbe Escheatoure / yf he haue nat landes or tenementes to the value of fortye pounde, for terme of lyfe wyth in the same Countye where he is Escheatour. Nor no Eschetour shall let his office to ferme, nor make deputie (other thē he wyll at his pa­rel aūswere for) whose name he must certifie by his letters patentes to the Tresorer and Barons of thescheker for the tyme beynge within .xx. day­es after suche deputacyon made.

And that no suche deputie take vpon him to occupye in the sayde offyce / onles theschetour haue landes tene­mēt{is} or rētes to y^e yerely value of. xx, l as before is said. And if any {per}so do cōtrary [Page] to the premisses or any of them, then to forfayte for euery defaute xl. li. the one moyte to him that wyll sue, and the other to the vse of y^e kyng{is} howse by accion of dete, where no wager of lawe essoyne or proteccyon shall lye. Anno. 2. Edwardi. 4. Capitulo .9.

¶ No shyreffe, Escheatour, nor other person shal sease or take y^e goodes of any persō arrested or imprisoned for felony before that the same person so arrested or imprisoned be conuicte, or attaīted of the same felony accordīg to the lawe of Englande / or that the same goodes shalbe otherwise forfaited / vpon payne to forfaite the dou­ble value of the goodes taken to the partye damaged suynge therfore by accion of det / where no wager of law essoyne nor proteccion shal lye. Anno 1. Richardi tercij. Capi. 3.

¶ Yf any Eschetour / or Commissio­oner put into any of the king{is} court{is} [Page] any inquisicion or offyce concerning landes or tenementes, or other here­ditamentes, not foūde nor presented by y^e othes of twelue men, & indented and by them sealed, then to forfayte for euery suche offēce retourned, and put ī to any of the kyng{is} courtes one C. li. to the partie greued. Anno. 3. H. 8. Capitulo secundo

¶ No Eschetour nor other Cōmis­sioner shal sit by vertue of any Com­mission to enquyre of landes and te­nementes, excepte he haue landes, or tenementes, or heredytamētes to the yerely value of .xl. Marke ouer all charges vpon payne of .xx. li.

¶ The Escheatours and Commys­sioners shall be discharged by theyre othes that they may not dispende .xl. markes ouer al charges / and that v­pon proces made agaynste them out of the Escheker. The Eschetors and Cōmissioners shall sit in open places [Page] and shall suffer euery person to gyue euydence openly in theyre presens to the inqueste taken before them vpon payne of .xx. li.,

¶ The Iury shall receyue the counterpaine of the indenture that shalbe presented, indented and sealed by the Eschetour or Commyssioner, and to rest in the possession of the fyrste man that was sworne in the same Iurye / vpon paine of euery person that shal be sworne .xx. s.

¶ And euery Escheatour, and Commissioner after y^t the Iurye is sworne and redy to giue theyr verdit, and of­fre to presente the same, that the same Escheatours or Commyssyoners, or parte of them shall receyue the same verdit without further delaye vpon payne of a .C. li. and deliuer the counterpayne of the same indenture to the Iurye in fourme before sayde vp­pon the same payne.

¶ And if the Clerke of the petit bagge, or his deputye wyll nat receyue suche offyces, and put it into the files to remaine of recorde within thre daies after it be resceyued or offred to be resceyued, he to forfaite for euery su­che defaulte .xl. li. And the Commis­sioner, and Eschetoure to be dischar­ged of the penaltie of .xl. li. limytted by the Statute for none retourninge of the same offyces, or inquysycyon within one Moneth.

¶ And lyke lawe and penaltie to be agaynste the offycers in the kynges Escheker whyche ought to resceyue suche inquisycyon, for refusinge so to receyue thē. And the Cōmissioners, & Eschetours to be discharged of y^e pe­naltye for none retournynge of y^e sa­me inquisicion / so y^t y^e said eschetours or Cōmissioners at any tyme after y^e moneth of such office before thē foūde or before any of thē w^tin an other moneth nexte [Page] then nexte enfuynge, returne the said offyce into the Chauncery, or Esche­ker, as the case shall require. And the clerke of the petit bagge to certifye y^e transcript of euery suche office taken before any Commissioner, or Esche­tour, into the Escheker the nexte ter­me folowing the resceyte therof, vpō paine of a c.s. for euery such defaute ¶ And no man be compelled to oc­cupie the office of Eschetour by any patente ouer one hole yere, and y^t he y^t is ones Escheatour shal not be Es­cheatoure agayne within thre yeres nexte after the sayde hole yere ended. ¶ If any Escheatoure exercyse his offyce by reason of any patent ouer y^e tyme of an hole yere ended, or be ma­de Escheatour within thre yeres af­ter: then after the sayde hole yere en­ded his patente so made to be voyde and the partye greued shall haue his recouerye of euerye of the sayde for­faytures [Page] of one hundreth pounde, by accion of det / where no wager of law essoyne nor proteccyon to be allowed There be diuers prouisions made for diuers Escheatours in Cytyes, and Boroughes, and in diuers counties. ¶ And if the landes, or tenementes of any man be seased into the kinges hande by vertue of any offyce founde before the Eschetour, or Commissio­ner, or by reason of an other recorde founde in the Chauncery, or thesche­ker / and he that so is put out of his landes by r [...]ason of suche recorde, or or office so foūden come and trauerse that recorde or office, and it is founde for him: where vpon he hath his iud­gemente that the kynges handes be closed and amoued: nowe yf it so be that ther be an other recorde or office foūde remaynyng amongste y^e king{is} re [...]ordes whiche is not trauersed nor tried, yet shall not theschetour sease y^e [Page] landes againe into the kinges hādes by reason of that recorde beynge foū­de & not trauersed. And yf he do, then dothe he wronge and Extorcyon, and the partie y^t is put out shall haue assise agaynst him, and shal recouer dou­ble damages against him. But in th{is} case the king must sue a Scire facias against him y^t hath the landes out of his handes, vpon this other recorde or offyce y^t was nat trauersed before. This is giuē by the statute Lincolne called the statute of Eschetours. An. 19. Edwardi secundi.

¶ And if Theschetour by coloure of his offyce without warrant or aucto­rite of the lawe that belongeth to his office, disseise any man of his landes or tenementes: the partie that is dis­seysed shall haue an assise of Nouell disseison, and shal recouer double da­mages agaynst theschetour. Westm̄. 1. Capitulo .26.

¶ The Escheatour hathe no power to amerce any man that apperethe before him, and misdemeanethe him self / or if the Iurrours y^t be somoned to appere before hī do make defaute, he shall recorde suche thinges in his rolle, and shall nat amerce the Iur­rours / but he shall sende the same re­corde to the Iusticers in Eyre / or to the Iusticers of Assyse, when they co­me into the countre.

¶ It shalbe leful to euery shiref, Iustice of peas and Escheatours to sea­se to the Kynges vse all suche goodes and cattelles that suche persons as come within this realme y^t be called Egipciās haue / & therof to make ac­compt to y^e kinge in his escheker, & to retayne & kepe y^e moyte therof to his owne vse & accōpt for y^e resydue, & to paye no fees for the accompte nor for his discharge therof.

FOrasmuch as y^e offyce of a Cōstable was an offyce at y^e comō law, of long cōtinuāce & was first ordayned for y^e cōseruacyō of y^e kyng{is} peas to be had & kept in euery towne amōg y^e kynges subiectes ther dwellynge somwhat shalbe spoken. And how ferforthe theyr power dothe extende / and what penalties are pro­uided agaynste them, for not execu­tynge theyr offyces.

IT is nowe to be sene for the con­seruacion of the peace, what per­sons by the comō lawe had auctorite therin, before the makynge of thesta­tutes wherby Iusticers of the peace are ordeined. And it semeth that by y^e comon lawe diuers persons were cō­seruatours of the peace: for at the cōmō lawe there was one {per}son whyche [Page] is called chiefe Iustyce of England, to whome the kynge commytted hys auctoryte in the ministracion of Iu­styce for thinges touchynge hys Co­rone, and for the conseruacion of hys peas amonge his subiectes through­out al his realme. And that is prouid by the wryt whiche the kyng sendeth to him, that he shal holde his place in the ministracion of Iustice to h{is} sub­iect{is} in y^e fourme aboue sayd through out al his realme, wherby it doth ap­pere that the same chyefe Iustyce is highe cōseruatour of y^e peas through out all the counties of England, and in euery part of the realme where he goeth. Also ther be other persons cō­seruatours of the peas throughe out the realme, as the Steward of Eng­lande / the Marshall / and the Cōsta­ble of Englande. Also the constables of euery towne were and be kepers of the peas by the comō lawe / lykewise [Page] the hyghe Constables of hundredes, wapentakes, lathes, or tithing{is} were and be conseruatours of the peas by the comon law within the townes or hundredes and within theyr limittes And before the makinge of the statu­tes wherby Iusticers of the peas are ordayned, the kinge by his cōmission made Conseruatours of the peas in those counties and places (wher him thought beste to kepe his peas. And the auctoryte whiche conseruatours of the peas had by the comon law, is the same auctoryte that a Constable of a towne or wapentake hath at th{is} day, the which I shall partly touche.

¶ If one make assault vpō the Cō­stable, the Cōstable may defend him and maye take him and commyt him to the gayle vntyl he haue foūd suer­tye to kepe the peas / though that the assaulte were made vpon hym selfe. As it apperyth Micha. quinto. Hen­rici [Page] septimi, in the title Barre. Moch more then, yf a Constable se one ma­kynge assaulte vpon a straunge per­son, may he take him, and commytte hym to pryson, or to the gayle, vn­tyll he haue founde suertye to kepe the peas.

¶ And yf one man threate an other whereupon he that is threatened co­meth to the Constable, and sheweth his matter, and prayeth him to cōpel hym that so threatened hym to fynde suertye: in thys case the Constables and the partye that is thretened may goo, and compell hym that soo dyd make such threatening to fynde suer­tye to kepe the peace / and yf he wyll not, they maye commytte hym toward vntyl he hath foūd such suertie as you maye see. M. 44. Edwardi tertii in the tytle of Barre.

¶ And yf one be stryken in parell of death, it is the offyce of y^e Cōstable of [Page] the towne to arreste the offendour, & to kepe him in prison, vntyl it be knowen whether the partye so strikē wyl lyue or dye / or vntyl y^t he haue found suerty to appere before the Iusticers of Gaole delyuere, or at such tyme as he shall be called vpon to appere be­fore the Iusticers at theyr discrecyō.

¶ And yf one flye for felony it is the offyce of the Constable of the towne to sease his gooddes and to kepe thē, and yf they happe to be impayryd in his kepyng, he shal answere for them to the kyng .2. Edwardi .3. in the Eyre of Northampton / But by the statute made .1. Richardi tertii Cap. 3. that is changed. And yf felons or murde­rers be in the towne, and the Consta­ble haue knowledge therof, it is hys offyce and duetye to assemble people for to take them.

¶ And yf one take a felon in y^e towne and bring him to the Constable to be [Page] conueyed to the gaole, the Cōstables offyce is to carie him thether, and to cause other of the towne to ayde and assiste him in so doinge.

¶ And note that Constables were ordayned for two intentes / that is to witte to kepe the peas, and also to re­presse felons, to take suertie by obly­gacyon of suche persons as they shal fynde makynge affreys.

¶ It appertayneth to the offyce of the chiefe Constable of Englande to haue conusaūce of dedes of armes & contractes touching dedes of armes and of war out of the realme, and in lyke maner of thyng{is} touchīg armes w^tin y^e realm, which can not be deter­myned by the comon law, as it appe­ryth clerely by the statute made the .xiii. yere of Richarde thyrde Cap. 2.

¶ Alo it appereth by y^e statute made An. 1. H. 4. Ca. 14. y^t al appeals to be made of thīg{is} done out of the realme [Page] of Englande shalbe tried, and deter­myned before the Cōstable, & Mar­shal of Englande for the tyme being

¶ Also when bataille is ioyned in a wryt of right or in Appeale, that shal [...]derayned before the Cōstable and Marshal, howebeit the Iustic{is} must [...]the bataile done, bycause that they [...]e properly Iudges therof and not [...] Constable, nor the Marshal.

[...] And the Constables haue many [...] auctorytes aswel by the comon [...]e, as by estatutes made y^e whiche [...]ou maye see there.

¶ In. 7. Ed. 4. it is sayde that Gar­deyns of the peas at the comon lawe maye inquyre of congregacyons and vnlawefull assembles, and of dissea­son with force / but not of entres with force. But nowe by the statute, yf one entre with force, or do dysseason with force, or entre peasably, and kepe possession with force / the Iustyces of [Page] peas maye make restytucyon to the partye, and put hym in possession by their writ directed to the Shireffe.

¶ Constables in the townes where they beare office, may arreste mē that go or ryde armed in fayres, or mar­kettes by daye or by nyght, and take theyr armour as forfayte to the king and imprison them at the king{is} plea­sure. An. 2. E. tertii at Northāpton.

¶ The kynges purueyours ought to make theyr purueiāce for the kin­ges house, by the Cōstable, and foure honest men of the townes wher such purueyances shall be made, without threatenynge. And in presence of the Constables, tayles shall be made and sealed with the seales of the ta­kers, betwene the sayde takers, and the parties of whō the goodes be ta­ken. And yf any Taker make h{is} prise otherwyse, it shall be done with hym as with a thefe. An. 22. E. 3. Cap. 1.

¶ Cōstables of townes must arrest suche as passe by night, of whom sus­peccion is had, and deliuer them to y^e Shireffe, there to remayne in warde vntyll they be duely deliueryd. Also they muste arreste suche as be called Robberdes men, Wasters, & Drawe­latches (yf suspeccyon be had of any suche) be it by night of daye, and de­lyuer them to the Shireffe vntyl the cummynge of the Iustycers of gaole delyuere. Anno. 5. E. 3. Cap. 14.

¶ It is ordained that none shal take for threshinge a quarter of wheate or corne aboue two pens. ob. and for a quarter of malt, beanes, pees, & otes i. d. ob. yf so moche haue bene vsed to be gyuen, and in the countrey where they vse to reape by y^e shefe, & threshe by the bushel, they shal take no more nor otherwyse. And that suche labo­rers and other seruaūtes shall make an othe two tymes in the yere, before [Page] Lordes, Stewardes, Bailliffes, and Constables of euery town, to do and kepe this ordynaunce, and that none of thē shal go out of the towne where they dwelled in winter for to serue in somer (yf he can haue seruyce in the same towne, sauinge to the folke of y^e counties of Stafforde, Derby, Lan­castre, Crauen, and the Marches of Wales theyr free lybertie to laboure in other countreis in the tyme of Au­gust. And they that refuse to make suche othe, or to perfourme that thīg that they haue sworne & taken vpon them, shalbe put in the stockes by the sayde Steward{is}, Bailliffes, Consta­bles, of townes, by the space of thre dayes or more, and shalbe sent after to the nexte gaole, & there to remaine vntyll they wylbe orderyd / and that there be stockes in euery towne for y^e same intent. And y^e Steward{is} Bail­lyffes, and Constables, shall make [Page] othe before Iusticers assigned to en­quyre diligently of al thē that offend againste this ordinaunce, and to cer­tyfie theyr names before y^e same Iu­stycers when they shal come into the countrey, to kepe their sessions, vpon which certificat made y^e same Iusty­cers shall cause thē to be attached by their bodies to appere before the said Iustycers, to aunswere vnto suche contemptes / so that yf they be attein­ted, they shal make fyne & raunsome, and further to be cōmaunded to pry­son vntyl they haue found suertye to serue in maner aboue sayde. And the Iustycers at euery tyme y^t they shall come into the countrey, shall enquy­re of Stewardes, Bayllyffes, and Constables whether they haue made good and lawfull Certifycat or haue councealed ought for any gyfte, pro­curemēt, or affynite, and shal punishe them by fyne and raunsome, yf they [Page] be founde gyltie. An. 25. Edwardi tertii Capitulo secundo and octauo.

¶ Constables of townes where as faytours, or vagabundes resorte haue power to examyne them dyly­gently, and cōpel them to finde suer­tye of theyr good behauour by suffy­cyent maynpernours distreynable in case that any defaulte be founden in suche faytours, and vagabundes.

And yf they can fynde no such suertie then to be sent vnto the nexte gayle there to remayne vnto the cummyng of the Iustycers of gayle delyuere, which haue auctorite to do with such faytours and vagabundes as they shal think best to be done by the law. An. primo Richardi secundi cap. 5.

¶ Constables of townes maye ar­reste any seruaunt laborer cummyng to the towne, from any place vaga­raunt, oneles he haue a letter contei­nīge the cause of his goynge, and the [Page] tyme of his retourne, vnder the kyn­ges seale that therto shalbe assigned and deliuered to the custodie of some honest man of the Hyndred, Wapen­take, Citie, or Boroughe accordynge to the discreciō of the Iustic{is} of peas. And the Constable maye put hym in the stockes, and kepe hym vntyll he haue found suertye to retourne to h{is} seruice, or to serue in the towne from whense he came, vntyll he haue a let­ter to depart vpon cause reasonable. Anno. 1 [...]. Richardi .2. Cap. 3.

¶ Constables haue power to arrest seruauntes and laborers that beare aboute them hangarde, dagger, or knyfe, and to sease the sayd weapons as forfayte, and them to kepe vntyll the Sessions of the Iustices of peas before whom they shal present such weapons with the names of thē that bare them, excepte that they traueyle in the contrey in theyr maysters mes­sage. [Page] Anno. 14. Richardi secundi Capitulo sexto.

¶ Shyreffes and other the kynges ministers may take the power of the countrey to represse assembles, and ryottes in outragyous nombre, and to commyt them to prison. An. 17. Richardi secundi Cap. octauo. It se­meth by these wordes (the kyng{is} my­nisters) that Constables of townes haue power to do so by th{is} acte aswel as the Shireffes.

¶ Constables maye arreste seruaū­tes laborers, and imp [...]ison them by y^e space of syxe daies, which vse not bo­wes and arrowes vpon Sondayes, and such other Festiual daies, which wyll not leue vtterly all playenge at the bal, aswell with hand as w^t foote and other games called coytes, dyce, castinge of the stone, keyles, and all other lyke importune games. An. 11. Henrici quarti Capi. quarto.

¶ Cōstables and al the kyng{is} liege people that are able to traueyle win the countye muste be assystynge and aydynge to the Iustycers of peace, and the Shireffes to represse greate ryottes, and vnlawefull assembles, vpon payne of imprysonment and to make fyne and raunsome. An. se­cundo Henrici quinti cap. 8.

¶ Constables shalbe made in euery partie of the marches of Wales, and market townes to enquire, serch and arreste suche persons that carye vy­tayle or armour to any parte of Wa­les, without the kinges lycense, whi­che Constables shall haue the syxte parte of the forfayt for theyr traueyle An. quarto H. quarti Cap. 26.

¶ Constables of porte town{is} (where souldiours that haue bene retayned in wages to serue in warre beyonde the see, or vpon the see, and departe from theyr Capytaynes, and tourne [Page] back, and arryue ī any porte of Eng­lande without lycense of theyr Capi­tayne vnder hys seale) maye arreste suche souldiours, and kepe them vn­tyll enquerie be made of them / and yf it may be proued by enquerye before Iustycers of the peace, and proues that they haue mustred of recorde, & departed frō their Capitayne (as be­fore is sayde) without lycense / then they to be ponyshed as felons. An. 13. H. sexti Capitulo .19.

¶ The constables Tithingmen and chiefe pledges of euery towne muste assyste and ayde the owners and sel­lers of any goodes (wher the kinges purueio^rs wyll make their purueiāce or bargaine of any goodes to the va­lue of forty shylling{is} or vnder of any person) and wyl not paye prest paye­ment in hand: in which case it shalbe lawful to euery one of y^e kīg{is} lieg{is}, to retain thē, & to resist such purueiours [Page] and not to suffer them to make any suche purueyance. And yf the Con­ble, Tythingman, or chiefe pledge be requyred to ayde or assyste any man in making suche resistence, and he re­fuse it, he shal paye to the partie gre­uyd the value of the thinge so taken, by accyon of det, with the damages to the double. An. 20. Henrici sexti Capitulo .14.

¶ Constables maye arreste puruei­ours or biers of any lord, or other person (except purueiours for the kynge and Quene) whiche take any vytaile or cariage against the wyl of the ow­ners, and to committe them to y^e next prison of the kynges, there to remain without baille or maynpryse, vntyll they haue delyuered all the sayde vy­tailles, or cariages, and other thing{is} so taken. And yf the Constables do otherwyse whē they be required, they shall forfayte twenty pounde. The [Page] moyte to be to the partie from whom the goodes were taken, to be recoue­red by accion of dette, where in the defendaunt shall not wage his lawe.

Anno. 23. Henrici. 6. Capitulo .13.

¶ Clothiers shal pay to carders spi­ners, and other labourers lawefull money for theyr wages / and carders, fullers, and other labourers shall do theyr duety vpon payne of double damages. And the Constables of the hundred or Constable maye here and determine the complaintes of euerye such clothier, and labourer aswel for none payment of the sayde wages of labourers, as of the sayd forfaytures and damages by due examinacion of the parties in that behalfe, & further for non payment of the sayde duties, forfaitures and damages, to commit the trespassours to the nexte gayle in the same countie, vntyl the sayde du­ties, forfaitures, & damages be duely [Page] payed vnto the sayde labourers / or clothyers. Anno quarto Edwardi. quarti Capitulo primo.

¶ Euery highe Constable or petyte Constable shal take or cause to be ta­ken all vagaboundes, idle people / & suspecte persons liuyng suspeciously and set them in the stockes, and there to remaine by one day and one night and to haue none other sustynaunce but breade and water, and then to a­uoyde the towne where they were ta­ken, into such place or hūdreth where they were borne, or where they laste dwelled by the space of thre yeres.

And if eftsones they be taken in such defaulte then they to be set lykewyse in the stockes by thre dayes and thre nightes with lyke diet. Anno. 19. Hē­rici septum Capitulo .xii.

¶ Constables & other head offycers & euery of thē fīdynge or knowyng a­ny person vsynge or exercisynge any [Page] vnlawful games as tenes play bow­les / Classhe, and all other vnlawfull games prohibited by many statutes, shall haue full power to commytte e­uery suche offendour to warde / there to remayne without baile or maīpris tyll suche tyme he or they so offēdyng be boundin by obligacion to the kin­ges vse in suche some as by discreciō of the same officer shalbe thought re­sonable / that they from thensforthe shall nat vse any vnlawfull games. Anno sexto Henrici. octaui Capitu. 2

¶ For wages for bote men, and for theyr barges or botes, or for a barge From London to Graueshende .iii. s̄. orelles euery {per}son & his male .ii. d. Frō Lōdō to Ereth, Grenewich, gra­storrocke, or Purflete .xii. d. or els for euery person and his fardell .i. d. so it passe nat xii. d. From Lōdon to Wul­wiche. 13. d. for a bote or whery that is the tyde bote, orels euery person. ob. [Page] Frō London to Grenewiche .iiii. d. or elles. ob. for euery person and hys fardel, Frō London bridge, or Saīt Mary oueres, or Poules wherffe to Westminster .iiii. d. orels euery persō a. ob. Frō the blacke friers, Bridwel and the Temple to Westmynstre / or Lambeth .ii. d. with theyre males, or els euery persō. ob. so that it amoūte to ii. d. Frō Westmīstre to Lambeth or Staingate one. ob. for a bote from London to Mortlake .xii. d. or els e­uery person .ii. d. with his male. And frō those places aboue named to Lō­don for a bote, or barge lyke summes to be payed. And these artycles to be kepte vppon payne to forfaite treble the fare. And Bayllyffes, Constables and other the kynges offycers nexte adioynynge to the feries, vpon com­pleint to them made or to any of them by thē that be greued in that behalfe, may arrest them and committe them [Page] to warde for theyr misdemeanoure, & to make fyne for the same. Anno. 6. Henrici. 8. Capitulo .7.

¶ By the statute made. Anno. 22. H. 8. howe impotente persones shalbe ordered to begge and haue theyre ly­uinge. It is ordeyned that if any im­potent person auctorised to begge, do begge in any other place, then within the limittes to him assigned, then the Constables and all other the kynges officers, shall by theyr discrecion pu­nisshe all suche persones by imprisonment in the stockes by the space of .ii. dayes and two nightes, gyuynge thē but onely breade and water / and af­ter that to cause euery such person to be sworne to returne againe without delaye to the Hundreth, Rape, Cytye Borough, Towne, Parishe, or Fraū­chyse / where in they be auctorysed to begge in.

¶ And if any impotent person be vagarant [Page] and go a begginge & haue no such lettre vnder seale as is specified by th{is} stātute then y^e Constables & all other inhabytauntes within suche Townes or paryshe, shal cause euery suche begger to be takē & brought to y^e nexte Iustice of peace or highe Constable of y^e hundreth. And therupon y^e said Iustic{is} of peace, or highe Cōsta­ble, shall cōmaunde the sayde Cōsta­bles & inhabitaūtes of y^e towne or pa­rishe whiche shall brynge before hym any suche begger y^t they shall stryppe him naked from the mydle vpwarde & cause hī to be whipped withī y^e towne wher he was takē, or where y^e same Iustices of peas or highe Constable shall appoynte. And if nat / thē to cō­maunde suche begger to be set in the stockes in the same Towne or parish where he was taken by the space of thre dayes & thre nightes to haue on­ly breade and water: and thervpon y^e [Page] saide Iustic{is} or highe Cōstables shal limit a place to y^e same begger to begge in. And to gyue him a lettre vnder seale in fourme before limitted and to swere him to repaire thither immedi­atly after his punisshemēt executed. ¶ And all other persones beinge hole and mightie in bodye that do beg­ge, the Constable of the hundreth, rape, or wapentake, wherin suche per­sons shalbe so taken. And the Iustic{is} of peace, or highe Constable (before whome they shalbe brought) by their discrecyons shall cause theym to be broughte to suche places where they thinke conuenient, & there to be whippid naked throughe the Towne / or Market / and thene to be sworne to retourne to the place where he was borne / or where he laste dwelled by the space of thre yeres and to haue a lettre vnder the seale wytnessynge that he hathe bene punished,

¶ Also all {per}sōs y^e abiure to any sain­tuarie within this realme, shalbe cō­uered therevnto by the Cōstables of euery towneshippe, that is frō towne to towne til that he come vnto the sa­me saītuarie wherunto he is abiured in lyke maner and fourme as persōs that had abiured this realme, shulde haue bene conueyed to the nexte port of the see frō y^t place where they be ab­iured vnto the same porte by course of the comon lawe before the making of this estatute. Anno. 22. Henrici oc­taui Capitulo decimo tercio.

¶ Euery fermour or owner of lādes tenementes, or hereditamētes, wher­of the yerely value or rent amoūteth to .v. pounde, whiche manureth the same / shall paye to euery person whi­che by hys dilygence and laboure at his owne costes taketh any olde cro­wes, and rokes, or choughes, vpon y^e same landes, tenementes, or heredi­tamentes [Page] of y^e yerely value aforesaid two pens for euery twelue olde cro­wes, rokes, or choughes, and .i. d. for syx / and one. ob. for thre olde crowes, rokes, or choughes. And if any fer­moure / or owner refuse to paye the sayde money accordynge as is afore­sayd: then vpon complaint and profe made therof to any Iustice of peas, or highe Constable, the same Iustice or highe Constable shal cause the sa­me money to be leuied by distresse of the goodes and catellles of euery su­che fermoure or occupyer of the same landes and tenementes. Anno. 24. Henrici. 8. Capitulo .10.

¶ Where it is ordayned by an esta­tute made in the .vij. yere of Kynge? Rycharde the seconde. Capitulo .9. y^t he which espyeth and proueth defau­tes in any clothes put to sale cōtrary to y^e assyse therof ordayned touchyng clothes, & contrary to y^e sayd estatut{is} [Page] shulde haue the thyrde parte of euery suche clothe beynge defectyue for his laboure by the delyuere of the Shy­reffes, if they be present orels of y^e lor­des of fayres & markettes, or of stew­ardes, Bayllyffes, or Constables of town{is} where suche defectyue clothes shalbe founde, by Iudēture betwene them to be made / the whyche shalbe deliuered euery yere into thescheker at the feaste of S Mighell by them y^t shall make such deliuere / to thentent to charge the Aunagours, and Coil­lours, by whom such maner of defal­tes ought to be serched and amended Anno. septuno. R. 2. Capitulo .9.

¶ If any person shyppe marchaun­dise of the Stapule in places suspect adioyninge to the costes of the water and maketh no Indentures therof bitwene him & the Mayer or Constable of the towne, they shalbe forfayte and the kynge shall haue the moyte / [Page] and the lorde of the towne / & he that founde and seased suche wares shall haue the other moyte. And it is lawe­full for euery person to serche in these cases. Anno. 14. Hērici sexti Capitu­lo quinto.

¶ It is ordeyned that a horse man shall paye for passage at Douer thre shyllinges, and a fote man. vi. d. And the Cōstables of Douer to ponysshe thē that do the contrary at the suit of the party that wil complayne, and shal do him right in that be­halfe. An. 4. Ed. 3. Capitulo. octauo.

FOr to declare plaīly thof­fice of a Coroner, it appereth by the statute of M. Carta in the .xv. chapiter that no Coroner oughte to holde any plees of y^e Corone. But Breton declareth the offyce of a Co­roner in fourme folowynge.

¶ Fyrst that in euery countie Coro­ners shalbe the prīcipall cōseruators of the peas to bere recorde of al plees of the Crowne, of abiuraciōs, vtlagaries, and such like. And the Coroners shall make an othe before the Shiref in the ful coūtie / that they shal make theyr inquestes / enrollementes / and all that to the Coroners offyce appertayneth lawfully, & without askinge allowance. And if any felony chaūce / or treasour be founde / or any woman rauished, or prison broken, or any mā wounded nyghe vnto death / the Co­roners (so sone as he shal knowe ther [Page] of) shall sende to the Shyreffe / and Baillyffes of the places (where suche auēture shal happē) to cause to cōe before him by a certayne day at the pla­ce (where suche chaunce befell) foure of the nexte towneshyppes and other if nede be, by whome he shal enquire the verite, and shall compell the tow­neshippes to sweare vpon the saynt{is} to shewe the truth of those artycles y^t he shall demaunde of thē. Then shall the Coroner and the Iurrours view the body / and the woundes / and the strokes / and immediatly after suche viewe had the bodye shalbe buryed. And yf the Coroner fynde the bodye buried before his cumminge / he shall recorde the same, neuertheles he shall not omitte to digge vp the body / and make it be viewed openly of the tow­nes, And those Iurrours which haue ben somoned / and come not to thin­queries of Coroners, shalbe amercyd [Page] at y^e cummynge of the Iusticers at y^e fyrst assyses ī those Coūties so y^t such defaultes be entred in the Coroners roll, so y^t y^e Coroner shal haue no po­wer to amerce no mā for any defaute. ¶ And when thenquest is sworne the Coroner must inquire if y^e persō were slayne by felony, or by misaduēture, & whether y^e felony were done within a howse, or without / & all y^e circumstance. And after it shalbe enquired who were presente at the dede, and who be coulpable of the ayde, force commaū­dement / consent, or receyte of suche felonies wittingly. And if the Coroner haue any suspeccion of y^e first inquest for concealmēt of y^e trouthe, or if it be nedefull to enquire better, & by other then shall he enquire dyuers tymes / and all suche as therof shall happe to be indyted / the Shyreffe shall take in all the haste / if they maye be founden / and yf nat / the Coroners [Page] shall enquyre who they be / and who hathe withdrawen theym selues for that occacion. And the Shyreffe shal forthewith cause theyr landes to be / seasyd and afterwardes all theyre gooddes, and cause them to be pray­sed by lawefull inquest, and the gooddes with the pryces shall be enrolled in the Coroners rolle / and shall be delyuered to the towneshyppe for to be aunswerable therefore vnto the Kynge in case the partye so indyted flye / and wyll nat stande to ryght.

¶ And after they shall enquyre if he that is indyted dyd euer fynde sure­tye to kepe the kynges peace / and the names of his Mainpernous, whiche he shall entre into hys Rolle.

And yf the playnetyffe wyll sue Ap­pealle wythe in the Yere / and the daye / thene shall he fynde two suf­fycyente pledges to the Shyreffe of that Countye / dystreynable with in [Page] the same / to sue his appeale accordīg to the lawe of the lande. And thā shal the Coroner cause the Appeale to be entred with the names of the pledg{is} and after it shalbe commaūded vnto the Seriaunte of the Countre where suche felonies done (whiche as me se­meth is the Shyreffe or his Bailliffe errant) that he haue the bodye at the nexte countie. And if the Sergaunte retourne at the seconde Countie that he can not finde them / then shall it be awarde that the princypall beynge appealed of the dede / shalbe solemply called to stande right touchynge the same felony / and so shalbe called frō countie to countie / vntyll they come or be outlawed. And if the playntyffe make defaulte at any Countie / then shall thexigent passe vntyll the com­mynge of the Iustices of the kynges benche, or the Iustices in Eyre in the countre. And if the princypall be out [Page] lawed, the exigentes shall go forthe immediatly agaynst the accessoryes. And when they shalbe outlawed, w^t ­drawē or suspected, the Coroner shal enquyre at whose fynding such a fu­gytyue hathe bene, and accordynge vnto the verdite he shal enrol it, and then enquyre of the land{is} and good{is} of y^e fugitiue. And yf they appere be­fore the outlarie, they shalbe repleui­able. And yf y^e felonie were done out of a house, the Coroner shall enquire who founde the bodie fyrste / and he shall be taken and let go vnder suer­tyes. And that no Iurrour be remo­uyd by challenge of any partie. Ney­ther shall any Coroner take any thīg by him selfe, or by other, nor suffer to be taken by his clerke, for doinge his offyce. And yf it be founde that any is deade by misaduenture / then shall it be enquyred what mysaduenture / as if it be founden that he fell from a [Page] Mylne, it shalbe enquired what thī­ges were then mouynge there, and howe much they be worthe, and so yf he fel out of a cart. And yf one fal out of a shyp, nothing shalbe iudged the cause of hys death but the shyp, & the thīges that moue therin, and not the marchaundise lyenge therin.

¶ And y^e Coroners ought to receiue the cōfession of felonies made by pro­uours in presence of the Shyreffe, who shall be hys Comptrollour in all hys offyce, and suche confessyon he shal cause to be enrolled. And whē any person fleithe to a church, so sone as the Coroner shall haue knowe­ledge therof, he shal sēde to the Bail­lyffe of the place, that he shal cause to come before hym by a certayne daye the neyghbours, and four of the next townshyppes adioyning to the chur­che, and in theyr presence shal receiue the confessyon of the felonye. And yf [Page] the fugitiue pray to abiure y^e realme, the Coroner shal do that the which to his offyce belongeth.

¶ Also he shall enquire of rape, and all the circumstance, the Appealles whereof with all other appealles of robberye, felonie & suche lyke, he shal cause to be entred in his rolle.

¶ Also they shal enquire of treasour founden, of wreckes of the see, and of Sturgeons, and of Whales taken / & who were the takers, whose names they shall enrolle, and let them go by maynpryse. And suche thynges as shall happen to be founden, they shal safely kepe to the kyng{is} vse. And the Shireffes, and Bailliffes, shalbe al­wayes attendaunt vpon them, and theyr commaundementes.

¶ It is ordained that throughe out al the Counties of England there be chosen suffycyent Coroners, of the most sage and laweful Knight{is}, that [Page] maye beste to the same offyce entēde / whiche lawefully shall attache, and present plees of the Corone as well of appealles, as of thinges to y^e same offyce belongynge. And that no Co­roner demaunde nor take any thyng for doynge his offyce, vpon payne of a greuous forfayture to the kynge. 1. Westm̄. Cap. 12. But nowe by the statute made. An. 1. H. 8. Capi. 1. the Coroner shal haue .xiii. s̄. iiii. d. of the goodes of the murderer. And yf the mourder be commytted in the daye tyme, and the murderer escape / thē Coroner shall haue .xiii. s̄. iiii. d. for the escape vpon the towneshyppe.

¶ Also it apperyth by an estatute made in the .xiii. yere of Edwarde the fyrste, whiche is called the statute of Excester, vnder what order inquisy­cyon shalbe made of the defaultes of Coroners (be they alyue or deade) where ye shal see the charge that shal [Page] be gyuen to thinquestes that shall be charged to enquire of Coroners, in whiche charge it apperyth further, what the Coroner ought to do by his offyce, whiche charge here ensuyth.

CONCERNYNGE Ordynaryes, ye shal vn­derstand that it is ordai­ned by an estatute made in y^e one and twenty yere of Kinge HENRY the eyght, that no Ordynarye shall take any thynge for the probate of y^e testament of such a person, whose goodes amounte not aboue the sūme of a hundreth shillin­ges, except to the Scribe .vi. d. only. And of goodes aboue the value of a hundreth shillinges, vnto forty poūd iii. s̄. vi. d. And the Scrybe to haue twelue pens of the same sūme. And for the probate of a testamēt of good{is} aboue the value of forty pound, fyue shilling{is}, wherof the Scribe to haue two shyllynges and syxe pens, or for euery line being ten inches in lēgthe, one peny. And suche lyke summes for letters of administracyō, where such persōs dye intestate, and the testamēt [Page] to be regestred, and delyuered to the parte without delaye / and letters of Administracyon to be graūted to the wyfe, or nexte of the blode of the par­tye deceassyd, or to bothe. And for the probate of a testamēt, or letter of Ad­mynystracyon of gooddes vnder the some of a hundreth shyllynges, the Ordinarie shal take nothīge. More­ouer it is the offyce of the Ordinarye to deface y^e seale of y^e testatour (wher­with the testamēt was sealed) and to delyuer it agayne to the partye. And yf the Ordinarye take any more then afore is lymitted, he shall forfayte so moche as he taketh, and ten pounde more besydes that, wherof the moyte shalbe to the partye greuyd.

¶ If the Ordynarye cyte any per­son to appere in a spirytual courte to depose in any matter there, as a wyt­nes / that is Extorcyon and wronge to the partye.

¶ If any Ordinarye, Persō, or Vy­car car take any mortuarie after y^e death of any person, which had not ī good- to the value of ten markes, that is extorcyon. And lykewise it is where they take a mortuarye in suche pla­ces, where it hathe not bene accusto­med to pay mortuaries. And euen so it is where a Person, or Vicar taketh more then .iii. s̄. and .iiii. d. ī the name of a mortuarie yf the goodes amoūte aboue .x. markes, & vnder the value of .xxx li. for that is extorcion. Also yf he take more then .vi. s̄. viii. d. for a mortuarie where the good{is} be aboue the value of .xxx. li. and vnder y^e sūme of forty pounde, the dettes payed that is extorcion.

¶ And yf they take of them whose goodes amoūte to .xl. li. aboue y^e det­tes payed, more then .x. shillyng{is} for a mortuarie, that is extorcion.

¶ And if they take any mortuarie for [Page] a woman maried, or one that is with in age, or for a man that kepeth no house, it is extorcion.

¶ And yf any mortuarie be taken in Wales, it is extorciō / except Bishop­pes y^t shall take mortuaryes there of prestes, & curates. And the Archdeacō of Chestre shall take mortuaryes of prestes within the coūtie of Chestre.

¶ And who so euer taketh for a mor­tuarie more thē he ought, shal forfait asmoch in value as he taketh, and forty shyllyng{is} besides that to the partie greuyd. An. 21. Henrici octaui Capi. 6. And thys haue I thought suffi­cyent to de­clare vnto you cōcerning Extor­ciōs of Ordinaries, per­sons, Vicars, and Curates.