Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	peace_n	realm_n	3,426	5	8.3632	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

Sergeant returne at the second county that he cannot fynd them then shall it be awarded that the pryncipall beyng appealed of the deede shal be solempnely called to stād to right touching the same felony and so shal be called from coūty to county vntil they come or bee outlawed and if the plaintiffe make default at any countie then shall the exigent passe vntill the comming of the Iusticers of the Kynges benche or the Iusticers in Eire in the county And if the pryncipall be outlawed the exigents shall goe forth immediatly agaynst accessaries And when they shall be outlawed wythdrawen or suspected● the Coroner shall inquyre at whose finding such a fugitiue hath bene and accordyng vnto the verdit hee shall inrolle it and then inquyre of the Landes and goods of y fugitiue And if they appeare before outlawry they shal be repleuiable aud if the felony were done out of a House the Coroner shall inquyre who found the body fyrst and he shal be taken and let go vnder sureties And that no Iurour be remoued by chalenge of any party Neyther shall any Coroner take any thinge by him selfe or by other nor suffer to bee taken by his Clarke for doing his office And if it be found that any is deade by misaduenture then shall it bee inquired what misaduenture as if it be found that he fell from a Mill it shal be inquired what thinges were then mouing there and how much they bee worth and so if he fell out of a carte if one fall out of a shippe nothing shal be iudged the cause of his death but the shippe and the thinges that mooue therin not the marchaundise lying therin And the Coroners ought to receiue the confession of felons made by proouers in in presence of y shiriffe who shal be his controller in all his office and such confession he shall cause to bee inrolled and when any person fleeth to a Church so sone as the Coroner shall haue knowledge therof he shal send to the Bailiffe of the place that he shal cause to come before hym by a certaine day the neighbours foure of the next townships adioyning to the Church and in their presence shall receiue the confession of the ●elon And if the fugityue pray to abiure the realme the Coroner shal do that the which to his office belongeth Also he shall inquire of rape and all the circumstaunce the appeales whereof with all other Appeals of robbery felony and such like hee shall cause to bee entred in his rolle And they shall inquyre of treasure foundē● of wreckes of the Sea and of Sturgions of Whales taken and who were takers whose names they shall inroll and let them go by mainpryse And such thynges as shall happen to be founden they shal safely keepe to the kyngs vse And the Shiriffs Bayliffes shal be alwayes attendant vpon them and at theyr commaundements It is ordayned that throughout all the Counties of England there be chosen sufficient Coroners of the moste sage and lawfull Knyghtes that may best to the same office intende whych lawfullye shall attache and present peales of Corone as well of appeales as of thynges to the same Office belongyng And that no Coroner demaunde or take any thynge for doyng his office vppon paine of a griuous forfaiture to the king i. West cap xii But now by the Stat●te made Anno. i. Hen .viii. cap. i. the Coroner shall haue xiii s.iiii.d of the goodes of the murderer and if the murder bee committed in the day time and the murderer escape the coroner shall haue xiii s.iiii.d for the escape vpon the towneship also it appeareth by ● Statute made in the xiii yere of E. the fyrste whych is called the statute of Excerer vnder what order inquisition shal be made of the defaults of Coroners bee they alyue or dead where he shall see the charge that shal be geeuen to the inquests y shal be charged to inquire of Coroners in whych charge it appeareth further what the Coroner ought to do by his office which charge heere insueth ¶ The forme of the charge to inquire of the defaults of the Coroners according to the statute of Exceter FIrst they shall inquire if the Coroner go in proper person to doe his offyce or not whereby it appeareth that he cannot make a deputy 2. Also if hee haue sente any other to doe his offyce what hee was and howe often about what aduentures 3. Also if hee came at euery tyme of hys owne good wyll without delay or that hee or his Clarke haue taken any thing for the more speedy executing of their office 4. Also if hee tary or delay to the intent to haue any rewarde after that hee hath knowledge of the truth after y he is sent vnto how oftē and in what place and vnder what maner 5. Also if the Goods of Felons taken by him be deliuered to the townes to keepe by a lawfull inquest as they ought to be inrolled in his recorde or not 6. Also if the Coroner take any thing of any person for to take a false inquest for to destroy the right of any or to prayse y goods for lesse then they be worthe 7. Also if he enter any thing in hys rolles otherwise than it was geuen by the inquest and what thing he or his clerke tooke therefore how often and for what thinge hee or his Clerk tooke such things 8● Also if he or his Clerke tooke of the goods that were prysed and prysed them at lesse then they entred them in their rolles 9. Also if y prises were not assessed by the inquest 10. Also if y township were falsely charged and of what thing 11. Also if any appeales were falsely inrolles or imbeaseled out of the rolles after that they were entered 12. Also if be refuse to take any playnt of appeales for pouerty hate or other lyke cause what hee tooke for that occasion of whom and how much 13. Also if hee or his Clerk haue taken ought of the goods of the party that is dead vpon whose body he tooke view what thinge it was and howe ofter hee so did 14. Also if hee haue entered all the attachments belonginge to hys offyce in due maner or if he haue made any attachment for to grieue any person or to haue of hys owne and enter it into his rolle 15. Also if hee haue not done his offyce at all tymes at hys owne costes wythout takynge oughte therefore 16. Also if hee haue concealed ought in any Coūty or procured to be murdred to the grieuaunce of any person and if he so did than to inquire how often and for what rewarde and for whom and in what case he so old 17. Also all the attachments hanging and lawfully receiuing be pursued by him as he ought to doe for the kynge or for the party or cause to be pursued 18. Also if the goods of such as haue fled the townes where they