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Page:Ruffhead - The Statutes at Large, 1763.djvu/185

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A.D. 1300.
Anno vicesimo octavo Edwardi I.
Stat. 2.
139

A Statute for Persons Appealed, made Anno 28 Edw. I. Stat. 2. and Anno Dom. 1300.

What Process shall be awarded against those that be appealed by Approvors.

[1]WHereas certain Justices of late were assigned to take Assises in all Shires of the Realm, and also to deliver the Gaols of the same Shires at every of their Comings after the taking of such Assises, as more plainly is contained in a Statute made by the King thereupon; (2) our Lord the King, at his Parliament holden at Westminster, the eight and twentieth Year of his Reign, for more sure Observation of his Peace, and Felonies to be more quickly punished, and Prisoners to be sooner delivered, [2]hath granted, ordained, and provided, That whosoever be appealed by Provors, being in Prisons which the same Justices do deliver (and wheresoever in our Realm that such Appealees be dwelling ⟨or lurking⟩[3]) that immediately it shall be commanded to the Sheriff, in whose Bailiwick the Parties so appealed be commorant or may be found, by the King's Writ, under the Testimony of the same Justices, that he do take such Persons appealed, and cause them to be brought unto the Gaols where the Appealors be kept that appealed them, and they shall answer there before the same Justices. (3) And if they that be appealed will put themselves upon the Country, it shall be commanded in like manner by a Judicial Writ, from the same Justices to the Sheriff, in whose Liberty the Felonies were done, of which they were appealed, that he shall cause an Enquest of the Country to come before the same Justices, unto the same Place where the Appealors be kept, at a certain Day. (4) And the Sheriffs and other (in whose keeping such Appealors be detained) shall receive without Contradiction those that be appealed by such Provors, when the Parties appealed be taken in the Form abovesaid, and brought unto the same Appealors.[4]

See farther concerning Appeals, 1 H. 4. c. 14.  8 H. 6. c. 10.  10 H. 6. c. 6.  3 H. 7. c. 1.  2 & 3 Ed. 6. c. 24.

  1. 27 Ed. 1. stat. 1. c. 3.
  2. 2 H. 7. f. 3.; Fitz. Coron. 221, 322, 387, 440, 441, 443, 456, 460.
  3. Add or lurking.
  4. Rast. 42.

Articuli super Chartas, made at Westminster, Anno 28 Edw. I. Stat. 3. and Anno Dom. 1300.

FOrasmuch as the Articles of the Great Charter of Liberties, and of the Charter of the Foreft, the which King Henry, Father of the King that now is, granted to his People for the Weal of his Realm, have not been heretofore observed ne kept, because there was no Punishment executed upon them which offended against the Points of the Charters before mentioned; our Lord the King hath again granted, renewed, and confirmed them, at the Request of his Prelates, Earls, and Barons, assembled in his Parliament holden at Westminster, the eight and twentieth Year of his Reign, and hath ordained, enacted, and established certain Articles against all them that offend contrary to the Points of the said Charters, or any Part of them, or that in any wise transgress them, in the Form that ensueth.

T 2
CAP.