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

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before This is giuē by the Statute of Lincolne calles the statute of Escheators Anno 20. Edwardi .2 And if the Escheator by colour of his offyce wythout warrant or authority of the law that belongeth to his office dissease any man of hys Landes or tenementes the party that is disseased shall haue an assyse of Nouel disseison and shal recouer double damages agaynste the Escheator Westmin 1. capi 26. The Escheator hath no power to amearce any man that appeareth before hym and misdemeaneth him selfe or if the Iurours that ●ee ●ōmoned appeare before doe make default he shall recorde such things in his Role and shall not amearce the Iurours but hee shall sende the same recorde to the Iustycers in Eire or to the Iustycers of assyse when they come into the countrey It shal be lawfull to the Shiriffe Iusticer of peace Escheators to sease to the kings vse all such Goods and Cattels that such persons as come within this Realme that bee called Egyptians haue and thereof to make accompt to the king in his Eschequer and to retayne and keepe the moity thereof to his owne vse and accompt for that residue and to paye no fees for the accompt nor for hys discharge thereof The Offyce of Constables FOr asmuch as the offyce of a Constable was an office at the common Lawe of long cōtinuance was firste ordayned for the cōseruation of the kinges peace to be had and kept in euery towne amonge the kings Subiects there dwelling somewhat shal be spoken And howe farre forth their power doth extend and what penalties are prouided agaynst them for not executing theyr Offyces Who were conseruatours of the peace at the common lawe IT is now seene for the conseruation of the peace what persons by the common lawe had authority therein before the making of the Statutes whereby the Iusticers of the peace are ordayned And it seemeth that by the common lawe dyuers persons were conseruatours of the peace for at the common law there was one persō which is called thiefe Iustice of England to whō the king cōmitted his authority in the ministratiō of iustice for things touching his crowne for the conseruation of hys peace among his subiectes through out al his realme And that is proued by the writ which the K. sēdeth to him that he should hold his place in the ministratiō of Iustice to his subiectes in the forme aboue saide throughout all his realme wherby it doth appeare that the same chiefe Iustice is high conseruatour of the peace throughout all the countyes of England and in euery part of the Realme where he goeth Also there be other persons conseruators of the peace throughout the Realme as the steward of England the Marshall and the Constable of England Also the Constable of euerye towne were and bee keepers of the peace by the common law likewyse the high Constables of hundreds wapentakes lathes or tithinges were and bee conseruatours of the peace by the common lawe within the townes or hundreds and within their limittes And before the making of the Statutes whereby Iusticers of the peace are ordayned the king by his commission made conseruatours of the peace in those coūties places where hym thought best to keepe his peace and the authority which conseruatours of the peace had by the common law is the same authority that a Constable of a towne or wapentake hath at this day which I shall partly touch If one make assault vppon the Cōstable the Constable may defend hym and maye take him and commit him to the Iaile vntill he haue found surety to keepe the peace though that the assaulte were made vppon him selfe As it appeareth Micha v. Henrici vii in the tytle Bar. Much more then if a Constable see one making assult vppon a straunge person he may take hym and cōmit him to prison or to the Iaile vntill he haue found surety to keepe the peace And if one man threate another wherevpon hee that is threatned commeth to the Constable and sheweth his matter prayeth hym to compell hym that so threatned him to find surety in this case the Cōstable and the party that is threatned may goe and compell him that so did make such threatning to fynd surety to keepe the peace and yf he wil not they may commit him toward vntill hee haue founde such suretye as you may see Mich. 44. Edwardi 3. in the tytle of Bar. And if one be stricken in perill of death it is the office of the Constable of the Towne to arrest the offender and to keepe hym in prison vntill it be knowen whether the party so stricken shall liue or dye vntill that hee haue found suretie to appear before the Iusticers of Iayle deliuery or at such tyme as he shal be called vppon to appeare before y Iusticers at their discretion And if one flee for felony it is the office of the Cōstable of the town to sease his goods and to keepe them and if they hap to be impayred in his keeping he shall answere for them to the King 2. E 3. in the Shyre of Northampton but by the statute ma●e 1. R 3. capit 3. that is chaunged And if felons or murderers he in the town the Constable haue knowledge thereof it is hys office and duety to assemble people for to take thē And yf one take a felon in the Towne bryng hym to the Constable to bee cōueyed to the Iayle the Constables office is to cary hym thither and to cause other of the towne to ayde and assist hym in so doyng And note that the constables were ordained for two intentes that is to wit to keepe the peace and also to represse felons to take surety by obligation of such persons as they shall fynde making of frayes It apperatyneth to the office of the chiefe Constable of England to haue co●●sance of deedes of armes any contractes touchinge deedes of armes of war out of the realme and in lyke manner of thynges touchinge armes within the realme which cannot bee determined by the common lawe as it appeareth clearly by the Statute made the 13. yere of Ri. 2. cap. 2. Also it appeareth by the Statute made anno primo H. 4. cap. 13. that all appeales to to bee made of thinges done out of y realme of England shal be tried and determined before the Constable Marshall of England for the tyme beyng Also when battaile is ioyned in a writte of ryght or in appeale that shal be de●ayned before the Constable Marshall how be it the Iusticers must see the battayle done because y they be properly Iudges thereof not the Constable nor the Marshall And the Constables haue manye other authorityes as wel by the common law as by statutes made y which you may see there Anno 7. Ed. 4. It is sayd the gardiners of the peace at the common lawe may inquire of congregations vnlawfull assemblyes and of disseyson with force but