Page:Ruffhead - The Statutes at Large - vol 2.djvu/93

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A. D. 1483. Anno primo Richardi III. C. 3–6. 55

CAP. III
Every Justice of Peace may let a Prisoner to Mainprise. No Officer shall seise the Goods of a Prisoner until he be attainted.

Every Justice may admit a prisoner to bail.
Forasmuch as divers Persons have been daily arrested and imprisoned for Suspection of Felony, sometime of Malice, and sometime of a light Suspicion, and so kept in Prison without Bail Mainprise, to their great Vexation and Trouble:
Rep. 3. H.7.c.3.
1 & 2 Ph. & M. c. 13.
(2) Be it ordained and established by Authority of this present Parliament, That every Justice of Peace in every Shire, City, or Town, shall have; Authority and Power, by his or their Discretion, to let such Prisoners and Persons so arrested, to Bail or Mainprise, in like Form as though the same Prisoners or Persons were indicted thereof of Record before the same Justices in their Sessions
Escape of Felons iqnuirable by Justices of the Peace
1 Lutw. 132
Cro. El. 749
43 Ed. 3. s. 25.
and that Justices of Peace have Authority to inquire in their Sessions of all Manner, Escapes of every Person arrested and imprisoned for Felony.
No Officer shall seise the Goods of a Prisoner until he be attainted, or the Goods forfeited
(4) And that no Sheriff, Under-Sheriff, nor Escheator, Bailiff of Franchise, nor any other Person, take or seise the Goods of any Person arrested or imprisoned for Suspicion of Felony, before that the same Person, so arrested and imprisoned, be convicted or attainted of such Felony according to the Law, or else the same Goods otherwise lawfully forfeited; upon Pain to forfeit the double Value of the Goods so taken, to him that is so hurt in that Behalf, by Action of Debt to be pursued by like Process, Judgement, and Execution, as is commonly used in other Actions of Debt sued at the Common Law;
See 31 Car. 2. c. 2. sect. 7. for bailing Persons committed for Treason or Felony, and not indicted in the next term.
(6) and that no Essoin or Protection be allowed in any such Action; nor that the Defendant in any such Action be admitted to wage or do his Law.

CAP. IV
Of what Credit and Estate those Jurors must be which shall be impanelled in the Sheriff's Turn.

For
13 Ed. 1 stat. 1 c. 38; 21 Ed. 1. stat. 1.; 28. Ed. 1. stat. 3. c. 9.; 34 Ed. 3. c. 4. 42. Ed. 3. c. 11.
so much as divers great Inconveniences and Perjuries do daily happen in divers Shires of England by untrue Verdicts given in Inquisitions and Inquiries before Sheriffs in their Turns, by Persons of no Substance nor Behaviour, nor dreading God nor the World's Shame, by reason whereof divers and many of the King's Lieges of divers Parts of England, by exciting and procuring of their evil Willers, be wrongfully indicted, and other that ought of right to be indicted by such Excitation and procuring, often times be spared, contrary to common Right and to good Conference." (2) In eschewing whereof, be it ordained by the King our Sovereign Lord, by the Advice of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by Authority of the same, That no Bailiff nor other Officer from henceforth return or impanel any such Person in any Shire of England, to be taken or put in or upon any such Inquiry in any of the said Turns, but such as be of good Name and Fame, and having Lands and Tenements of Freehold within the same Shires to the yearly Value of xxs. at the least, or else Lands and Tenements holden by Custom of Manor, commonly called Copyhold, within the said Shires, to the yearly Value of xxvi. s. viii. d. over all Charges at the least : (3) And if any Bailiff or other Officer within the said Counties hereafter return or impanel any Person contrary hereunto, he to lose for every Person that he so impanelteth and returneth, not being of the Sufficiency as is aforesaid, as often as he so offendeth, xl.s.
II. And the said Sheriff other xl. s. the one Half thereof to the King our Sovereign Lord, and the other Half thereof to such as will sue in that Behalf: (2) And that every Man that will sue for the same to have their several Actions of Debt therefore at the Common Law, as well against the Sheriff as the said Bailiff; and that such and like Process be had and used in every of the same Action or Actions, as be had and used in other Actions of Debt at the Common Law, (3) and that no Protection nor Essoin be allowed in the same;
The indictments taken by other persons shall be void
See 11 H. 7 c. 21. 4 H. 8c. 3. 5 H. 8 c. 5. 23 H 8 c. 6 . 27 Eliz. c. 6. 4 W.&M. c. 4. 7&8 W. 3 32, 3&4 Ane. c. 18, 3 G. 2 c. 25. 4 G. 2. c. 7. 6 G. 2 c. 8. 29 G. 2 c. 19, which provide further for the qualification of Jurors.
(4)and that every such Indictment before any Sheriff in his Turn otherwise taken, be void and of none Effect. This Act to take Effect from the First Day of this present Parliament, and not before.
P. R

CAP. V
Those Lands whereof the King was enfeoffed jointly with others to the Use of the Feoffer, shall be in his Co-eoffees.

CAP. VI
The Statute of 17 Edward 4. cap. 2. rehearsed and made perpetual, viz. That in every Court of Pipowders the Plaintiff or his Attorney shall be sworn, &c.

17 Ed 4. c.2.
PRayen the Commons in this present Parliament assembled, That where in a Statute made in the Seventeenth 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, some by Prescription allowed afore Justices in Eyre, and some by the Grant of your noble Progenitors and Predecesors, and to every of

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