Page:Ruffhead - The Statutes at Large, 1763.djvu/181

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A.D. 1299.
Anno vicesimo septimo Ewardi I.
Stat. 1.
135

and that in the Extreats of Justices every Head shall be charged for Issues forfeited, like as of Amerciaments. (3) And if peradventure any Sheriff will answer for the Issues of any Recognisor, Pledge, or Mainpernor, by him undertaken and returned into our Court, which at the Time of the Return is not able to pay such Issues or Amerciaments, the Sheriff shall be charged, and shall answer therefore in our Exchequer. What Tallies a Sheriff shall make.(4) And let the Sheriffs beware under Pain of great Forfeiture, that from henceforth they do make Tallies of all such Money as they or their Officers have received by our Commandment; The Sheriff's Return of Mainpernors, Jurors, &c.(5) and that they do not return any where the Names of any Mainpernors, Jurors, or any other, except such Mainpernors, Jurors, or others, according to the Tenour of our Writs being directed to the Sheriffs for the same Cause, be lawfully and manifestly impanelled thereupon. (6) And they shall not return the Names of any Freemen as Pledges, without that they will plainly consent and agree to the same.[1] A Baron and Clerk of the Exchequer to be sent into every County.(7) And hereupon we nave enacted, That at one Time certain every Year, one Baron and one Clerk of our said Exchequer shall be sent through every Shire of England, to inroll the Names of all such as have paid that Year's Debts exacted on them by Green Wax. (8) And the same Baron and Clerk shall view all such Tallies, and inroll them, and shall hear and determine Complaints made against Sheriffs and their Clerks and Bailiffs that have done contrary to the Premisses, and the Offenders shall be grievously punished.

  1. ↑ Read unless they have manifestly agreed to become Pledges.

CAP. III.
Justices of Assise shall be of Gaol-delivery. Who shall punish Officers bailing such as are not bailable.

[1]FOrasmuch as Sheriffs and others heretofore have let out by Replevin common Felons, and openly defamed, being taken and imprisoned for Murther and Felony,[2] and such as be not replevisable, contrary to the Form of our Statute of Persons replevisable and not replevisable, lately made, whereby such Transgressors not replevisable be let out, (2) and to deliver them deceitfully[3] before the coming of the Justices Errant, or other assigned for their Deliverance, they procure by themselves and by their Friends Jurors of the Country, and some they threat,[4] whereby as well for fear of the Sheriff, and other that let them at large by Plevin, as for fear of the Thieves being so delivered, before the Justices assigned for Gaol-deliveries, such Felonies and Murthers are concealed, and so being concealed, remain still unpunished; Justices of Assise shall be also Justices of Gaol-delivery(3) [5]We, for the Utility of our Realm, and for the more assured Conservation of our Peace, have provided and ordained, That Justices assigned to take Assises in every County where they do take Assises, as they be appointed, incontinent after the Assises taken in the Shirts, shall remain both together if they be Lay; and if one of them be a Clerk, then one of the most discreet Knights of the Shire being associate to him that is a Layman, by our Writ shall deliver the Gaols of the Shires, as well within Liberties as without, of all Manner of Prisoners, after the Form of the Gaol-deliveries of those their Shires beforetime used. Punishment of Sheriffs for their Offences.(4) And the same Justices mail inquire then, if Sheriffs or any other have let out by Replevin Prisoners not replevisable, or have

See 20 Ed. 3. c. 3. concerning their Oath; and 12 Geo. 2. c. 27. empowering Justices of Gaol-delivery to act in their own Counties.

  1. ↑ 3 Ed. 1. c. 15.
  2. ↑ Read and other Felonies.
  3. ↑ Read being so replevied, do, in order deceitfully to obtain their Delivery.
  4. ↑ Procure and suborn, by their Friends and Jurors of the Country, and threaten others.
  5. ↑ Stat. 2 Ed. 3. c. 2.
3
offended
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