C. 3-6. Anno primo RICHARDI III A. D. 1483 55 CAP. III. Every Juftice of Peace may let a Prifoner to Mainprife. No Officer fhall feife the Goods of a Prifoner until he be attainted. Orafmuch as divers Perfons have been daily arrefted and imprifoned for Sufpection of Felony, fome-ry Jace of time of Malice, and fometime of a light Sufpe&tion, and fo kept in Prifon without Bail or Main-mit a Prfoner prife, to their great Vexation and Trouble (2) Be it ordained and eftablifhed by Authority of this pre- o Bail. Rep. 3 fent Parliament, That every Juftice of Peace in every Shire, City, or Town, fhall have Authority and H. 7. C. 3 Power, by his or their Difcretion., to let fuch Prifonets and Perfons fo arrefted, to Bail or Mainprife, in & a Ph.& M. like Form as though the fame Prifoners or Perfons were indicted thereof of Record before the fame Juftices Ee of Felons in thcir Seffions ; (3) and that Juftices of Peace have Authority to inquire in their Seffions of all Manner inirable by Efcapes of every Perfon arrefted and imprifoned for Felony. (4) And that no Sheriff, Under-Sheriff, nor Jutices of Peace. Efcheator, Bailiff of Franchife, nor any other Perfon, take or feife the Goods of any Perfon arreftcd or Lutw. 112. imprifoned for Sufpicion of Felony, before that the fame Perfon, fo arrefted and imprifoned, be convicted Cro El. 749 or attainted of fuch Felony according to the Law, or elfe the fame Goods otherwif lawfully forfcited: 43 Ed. 1. f. 2.j. (5) upon Pain to forteit the double Value of the Goods fo taken, to him that is fo hurt in that Behalf, fe fe the Gooda by Action of Dcbt to be purfued by like Procefs, Judgement, and Execution, as is commonly ufed in other of Prifoner Actions of Debt fucd at the Common Law; (6) and that no Elloin or Protection be allowed in any fuch until he be at- Action; nor that the Defendant in any fuch A&tion be adniitted to wage or do his Law. F Pesce may ad- c. 13 No Officer fhall Goods forfeited. See 3x Car, 2. c, 2.fet. 7. for bailing Perfons committed for Trean or Feeny, and not indieled the rexs Tarn CA P. IV. Of what Credit and Eftate thofe Jurors muft be which fhall be impanelled in the Sheriff's Turn Orafmuch as divers great Inconveniencies and Perjuries do daily happen in divers Shires of England 13 Ed.1. fat. I. by_untruc Verdićts given in Inquifitions and Inquiries before Sheriffs in their Turns, by Perfons of . 38. 21 Ed. no Subftance nor Behaviour, nor dreading God nor the World's Shame, by reafon whereof divers and at 13 many of the King's Lieges of divers Paris of England, by exciting and procuring of their evil Willers, be a9. 34 Ed.3. wrongfully indicted, and other that ought of right to be indicted by fuch Excitation and procuring, often- 4. 42 Ed. 3. times be spared, contrary to common Right and to good Confcience.' (2) In efchewing whereof, be a it ordained by the King our Sovereign Lord, by the Advice of the Lords Spiritual and Temporal,, and Commons in this prefent Parliament affembled, and by Authority of the fame, That no Bailiff nor other Officer from hencerorth return or impanel any fuch Perfon in any Shire of England, to be taken or put in or upon any fuch Inquiry in any of the faid Turns, but fuch as be of good Name and Fame, and having Lands and Tenements of Freehold within the fame Shires to the yearly Value of xx s. at the leaft, or elle Lands and Tenements holden by Cuftom of Manor, commonly called Copybold, within the faid Shires, to the yearly Value of xxvi. s. viii. d. over all Charges at the leaft: (3) And if any Bailiff or other Officer within the faid Countics hereafter return or impanel any Perfon contrary hereunto, he to lofe for every Perfon that he fo impanellcth and returneth, not being of the Sufficiency as is afore faid, as often as he fo offendeth, xl. s JI. And the faid Sheriff other xl. s. the one Half thereof to the King our Sovercign Lord, and the other Half thercof to fuch as will fue in that Behalf: (z) And that every Man that will fue for the fame to have their feveral A&ations of Debt therefore at the Common Law, as well againft the Sheriff as the faid Bailiff and that fuch and like Procefs be had and ufed in every of the fame Action or Actions, as be had and ufed in other Actions of Debt at the Common Law, (3) and that no Protection nor Effoin be allowed in the fame; (4) and that every fuch Indictment before any Sheriff in his Turn otherwife taken, be void and of The Indictment none Effect. This Act to take Effect from the Firft Day of this prefent Parliament, and not before. void. See H. 7. c.21. 4 H. 8. . 3. 5 H. 8. c. 5. 23 H. 8. a 13. 35 H.8.c. 6. 27 Eliz. c. 6. 4 W& M. 24. 7&sw.3. 3. 5&4 Anc t 18. 3 Ga. 2. 25 4Ge. 2. c.7. 6Geo. 2. . 3. 21 Ge. 2. 18. and z9 Ga. 2. . 19. wkicb provide fartber fer the Qualifiarons, f Jurers. 1. fiar. . taken by other Perfons thall be CAP. V Thofe Lands whereof the King was enfeoffed jointly with others to the Ufe of the Feoffer, fhall be in his PR Co-fcoffees CA P. VI The Statute of 17 EDWARD 4. cap. 2. rehearfed and made perpetual, viz. That in every Court of Pipowders the Plaintiff or his Attorney fhall be fworn, &c. DRayen the Commons in this prefent Parliament affembled, That where in a Statute made in the Seven- 17 Ed, 4. c a teenth Year of the Reign of King EDWARD the Fourth, it was ordained among other, That where divers Fairs have been holden and kept in divers Places within this Realm, fome by Prefcription allowed afore Juftices in Eyre, and fome by the Grant of your noble Progenitors and Predeceffors, and to every of the
Page:Ruffhead - The Statutes at Large - vol 2.djvu/93
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