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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A78478 Certaine observations touching the two great offices of the seneschalsey or high-stewardship, and high-constableship of England. 1642 (1642) Wing C1713; Thomason E122_23; ESTC R5060 13,081 16

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lawes and rights of Normandy he caused to be observed and amended all that was not right done by the Bailiffes whom he removed from the Prince his service if he saw it expedient so to doe He was once to visit the Prince his forrests and inclosures to keepe Courts of the forrests to enquire how they were used their customes he commanded to be observed delivering right to everie one as the same by antiquity grew due or by Charter had been confirmed unto them so discreetly conserving the Prince his rights that in the observation of them he notwithstanding hurt none of his subjects Such as upon diligent enquirie he found faultie and to forfeit within the forrest either in trees or in wilde beasts or in free fowle he was wont to punish by the purse or for want of ability that way by long imprisonment He chiefly gave his minde to keep the countrey in peace and so wandrlng hither and thither throughout Normandy once everie three yeares did visit all the parts and Bailiages thereof To him it belonged to make enquiry in every Bailiage of the excesse and wrongs done by the under Justiciers and likewise of common robbers of violent deflowrers of Virgins of murthers of burnings and of all those things which belong to the pleas of the sword whereof peace and reformation had not been had in courts Of all other criminall facts he likewise diligently searched and upon enquiry caused justice to be done throughout he caused enquiry to be made of treasure digged under ground of wrekes cast upon sand and other the Prince his rights the removing of waters and the stopping and hindering of their courses did he reduce unto their old forme so as their passage might be hurtfull to no body if any man were minded to turn the course of any water running thorow his own groūds the banks whereof on either side were siituated within his own fee he might lawfully do it so as the said water when it passed out of his ground might be cōveyed into his old channel without any mans hurt or hinderance It is to be understood notwithstanding that none may stop the course of any ordinary running streames within his banks or ditches longer then from the rising to the going down of the sunne Neither may any one stay the course of waters with any new ponds diches or sluces but shall permi● thē to run their course lest the mills standing upō their streams And Or men in their affairs Tanners Diers and such like should thereby suffer losse and detriment If any shall stay them for the filling up of his pools or ponds they shall be bound to restore such losses as the Milners or others living by the passage of those waters shall have sustained by the with-holding of them and waters shall be suffered to run their accustomed course No man may erect a Fishing or build a Mill unlesse the water-banks on either side be within his own Fee wherein he hath Liberties Weares or other such like things for fishings may not be made in running streams because by them oftentimes the waters are corrupted yet notwithstanding they may bring the waters by Ditches and Trenches out of the running River into their grounds so as the same return not back into the running stream It belongeth also unto the Steward to cause the bounds and limits of Towns and Villages the streets and paths to be revoked to their antient state and to see that old accustomed highways be opened for no man may in these cases alledge for excuse any lett or hinderance wherefore he ought not to make amends unto the Prince As for towne ditches and common streets which serve to no private persons possessions but are common unto all If they be by any usurped or incroached upon they ought to be restored to the common benefit and they that doe occupie them ought not to escape punishment All these things appertaine unto the Office and charge of the Seneschall for the due execution whereof there needeth not neither plea nor assise but wheresoever he found cause and he did therein and provided as he saw needfull and expedient This farre-forth is the High Stewards office described in the old customarie booke of the Dutchie of Normandy from whence came the first institution of the same with us in this Kingdome established no doubt with no lesse authoritie and priviledge here under the Kings of this Land then the same was then practised under the Dukes of that Duchy whereof there is an especiall title written though nothing Clerke-like among other matter in an old booke of Parchmine belonging as it is said unto the learned Lawyer and skilful Antiquarie Master William Fleetwood Esquire one of the Serjeants at the Law and Recorder of the Citie of London which word for word followeth Here is shewed who is to be High Steward of England and what his Office is THe Seneschallie or high Stewardship of England belongeth to the Earledome of Leicester and of old time did thereunto appertaine And it is to be understood that it is his Office under and immediatly after the King to oversee and governe the whole Kingdome of England and all the Offices of the Justice within the same Kingdome in all times both of Peace and Warre in manner following The manner how and when the Lord High Steward ought to exercise his Office by duty and Oath of Fealty is such VVHensoever any man or woman shall come into the Kings Court in whatsoever Court it be and possibly unto the K. himselfe to seeke for redresse against injurie done unto them and he or she be not able in due season to obtaine remedie Then the High Steward of England ought and is bound to receive their Petitions and complaints and to keepe them untill the next Parliament then after to be holden and to assigne unto such Complainants if he thinke good a day wherein they may exhibite and prosecute their Petitions and in full Parliament in the presence of the King to reprehend and blame that Officer or those Officers who ever they be that so have failed in doing of Justice and those thereof call to accompt unto whom in such cases every one throughout the Kingdome is bound to answer the King onely excepted If the Chancellour of England have failed of making originall remedy and amends and the Justices Treasurers Barons Chamberlain of the Exchequer Steward of the Kings house Escheators Coroners Sheriffs Clerks Bayliffs other officers of what places and respects soever they be in their Processes Judgements Executions of Judgements and Justice to be made to the favour of th' one losse of th' other party for gifts bribes or other procurements shal fail or give over at the least-wise if any Justicier when as both parties pleading before them shall stand in Judgement shall by such false procurements deferre judgement contrary to Justice and the Lawes and customes of the Land If then the Chancellour of England or any other of the