Bro. Riots, 2, 3.Bro. Parliament, 108F . Retorn. de Viscont. 17.Co. Lit. 145. b. 13 Co. 31.Enforced and amended by 3 Ed. 1. c. 17.liver them without Let or Gainsaying of him that took the Beasts, if they were taken out of Liberties Regist. 82, &c.2 Inst. 139(2) And if the Beasts were taken within any Liberties, and the Bailiffs of the Liberty will not deliver them, then the Sheriff, for Default of those Bailiffs, shall cause them to be delivered.'
CAP. XXII.
None shall compel his Free-holder to answer for his Freehold.
'None from henceforth may distrain his Freeholders to answer for their Freeholds, nor for any Things touching their Freehold, * Not in the original * Without the King's Writ:2 Inst. 142.Enforced by 15 R. 2. c. 12 and by 16 R. 2. which gives a Forfeiture of 20l, to the King on Breach, by the compelling of Tenants, &c.(2) Nor shall cause his Freeholders to swear against their Wills; for no Man may do that without the' King's Commandment.'
CAP. XXIII.
A Remedy against Accomptants. Fermors shall make no Waste.
Firz. Brief, 791, 806.Fitz. Process, 203.Fitz. Exigent, 12.1 Roll. 182.2 Inst. 143. 'IT is provided also, That if Bailiffs, which ought to make account to their Lords, do withdraw themfelves, and have no Lands nor Tenements whereby they may he distrained; then they shall be attached by their Bodies, so that the Sheriff, in whose Bailiwick they be found, shall cause them to come to make their account.
Mirror 320. 5 Co. 18. Dyer, f.281. Fitz. Wast, 12, 22, 30, 32, 37, 42, 43, 46, 47, 48, 53, 68, 69, 76, 78, 82, 88. 4 Co. 63 Rast. 689. 2 Inst. 144. Enforced by 6 Ed. 1. Stat. 1. c. 5. which gives treble Damages. See farther 22 H. 6. c. 5. against whom Waste is maintainable.
'II. Also Fermors, during their Terms, shall not make Waste, * Not in the original* Sale, nor Exile of House, woods, and Men, nor of any Thing belonging to the Tenements that they have to ferm, without special Licence had by Writing of Covenant, making mention, that they may do it; which Thing if they do, and thereof be convict, they fdall yield full Damage, and shall be punished by Amerciament grievously.'
CAP. XXIV.
For what Causes Townships ought to be amerced.
Amercement of Towns in Eyre.
'THE Juftices in Eyre from henceforth fhall not amerce Townfhips in their Circuits, because all being twelve Years old came not afore the Sheriffs and Coroners, to make Inquiry of Robberies, Burnings of Houfes, or other Things pertaining to the Crown; Just. in Eyre. Enquests of the ' Death of Man. ' Fitz. Wast, 11, 9, 53, 66, 3, 10 1, 103, 120 2 Inst. 147. so that there come fufficient out of thofe Towns, by whom fuch Enquefts may be made full: except Enquefts for the Death of Man, whereat all being twelve Years of Age, ought to appear, unlefs they have reafonable caufe of Abfence.'
CAP. XXV.
For what Causes Townships ought to be amerced.
Keyling 127. Co. Ent. 354. 2 Inst. 148. 2 Roll 120. 'FUrther from henceforth shall not be judged before our Justices, where it is found Misfortune only, but it shall take place in such as are slain by ' Felony, and not otherwise.'
CAP.
