Page:Ruffhead - The Statutes at Large, 1763.djvu/88

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42
C. 2–4.
Anno tertio Edwardi I.
A.D. 1275.

our Justices, as any other Persons; and that the aforesaid Points be maintained, observed, and kept.  (18) Likewise the King forbiddeth upon grievous Forfeitures, that no Prelate, Abbot, Man of Religion, or Bailiff of any of them, or of other, receive any Man contrary to the Form aforesaid. A Prelate shall receive no Lodgers.(19) And that none shall send to the House or Manor of a Man of Religion, or of any other Person, his Men, Horse, or Dogs, ⟨to sojourn,⟩[1] nor none shall them receive; and he that doth (seeing the King hath commanded the contrary) shall be grievously punished. (20) Yet it is further provided, That the Sheriff from henceforth shall not lodge with any Person, with any more than five or six Horses; and that they shall not grieve Religious Men, nor other, by often coming and lodging, neither at their Houses nor their Manors.

Enforced by 9. Ed. 2. stat. 1. c. 11. So much of this Stat. as relates to Religious Houses is made obs. by 31 H. 8. c. 13. for the Dissolution of Monasteries and Abbeys.

  1. ↑ Not in the Original.

CAP. II.
A Clerk convict of Felony, delivered to the Ordinary, shall not depart without Purgation.

[1]IT is provided also, That when a Clerk is taken for guilty of Felony, and is demanded by the Ordinary, he shall be delivered to him according to the Privilege of Holy Church, on such Peril as belongeth to it, after the Custom aforetimes used.  (2) And the King admonisheth the Prelates, and enjoineth them upon the Faith that they owe to him, and for the common Profit and Peace of the Realm, that they which be indicted of such Offences by solemn Inquest of lawful Men in the King's Court, in no manner shall be delivered without due Purgation, so that the King shall not need to provide any other Remedy therein.[2]

Enforced in Part by 23 H. 8. c. 11. And altered by 28 H. 8. c. 1. which ordains that Persons in holy Orders shall be subject to the same Pains that others be.

  1. ↑ 18 El. c.7.; Hob. 288.; Chart. de Pardon, Br. 21.
  2. ↑ 2 Inst. 164.

CAP. III.
No Penalty for an Escape before it be adjudged.

[1]IT is provided also, That nothing be demanded nor taken from henceforth, nor levied by the Sheriff, nor by any other, for the Escape of a Thief or a Felon, until it be judged for an Escape by the Justices in Eyre.  (2) And he that otherwise doth, shall restore to him or them that have payed it, as much as he or they have taken or received, and as much also unto the King.

  1. ↑ 21 Ed. 3. f. 54.; 2 Inst. 165.

CAP. IV.
What shall be adjudged Wreck of the Sea, and what not.

[1]COncerning Wrecks of the Sea, it is agreed, that where a Man, a Dog, or a Cat escape quick out of the Ship, that such Ship nor Barge, nor any Thing within them, shall be adjudged Wreck: (2) but the Goods shall be saved and kept by View of the Sheriff, Coroner, or the King's Bailiff, ⟨and delivered into[2]⟩[3] the Hands of such as are of the Town where the Goods were found; (3) so that if any sue for those Goods, and after prove that they were his, or perished[4] in his Keeping, within a Year and a Day, they shall be restored to him without Delay; and if not, they shall remain to the King, and be seised by the Sheriff's, Coroners, and Bailiffs, and shall be delivered to them of the Town, which shall answer

Enforced by 17 Ed. 2. stat. 1. c. 11.

  1. ↑ 5 Co. 106.; 5 Ed. 3. 3.; Bro. Wreck, 1.
  2. ↑ Read in.
  3. ↑ Not in the Original.
  4. ↑ For that they were his, or perished, &c. read that they were his or his Lord's, or perished, &c.
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