Page:Ruffhead - The Statutes at Large, 1763.djvu/84

^[1]liver them without Let or Gainsaying of him that took the Beasts, if they were taken out of Liberties.  (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. ^[2]

Enforced and amended by 3 Ed. 1. c. 17.

1. Bro. Riots, 2, 3.; Bro. Parliament, 108.; Fitz. Retorn. de Viscont. 17.; Co. Lit. 145. b.; 13 Co. 31.
2. Regist. 82, &c. 2 Inst. 139.

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, ⟨Without the King's Writ⟩^[1]:  ^[2](2) Nor shall cause his Freeholders to swear against their Wills; for no Man may do that without the' King's Commandment.

Enforced by 15 R. 2. c. 12. and by 16 R. 2. c. 2. which gives a Forfeiture of 20l. to the King on Breach, by the compelling of Tenants, &c.

1. Not in the original.
2. 2 Inst. 142.

CAP. XXIII.
A Remedy against Accomptants. Fermors shall make no Waste.

^[1]IT is provided also, That if Bailiffs, which ought to make account to their Lords, do withdraw themselves, 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.

II.^[2] Also Fermors, during their Terms, shall not make Waste, ⟨Sale⟩^[3], 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 shall yield full Damage, and shall be punished by Amerciament grievously.

Enforced by 6 Ed. 1. stat. 1. c. 5. which gives treble Damages. See farther 11 H. 6. c. 5. against whom Waste is maintainable.

1. Fitz. Brief, 791, 806.; Fitz. Process, 203.; Fitz. Exigent, 12.; 1 Roll. 182.; 2 Inst. 143.
2. 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.
3. Not in the original.

CAP. XXIV.
For what Causes Townships ought to be amerced.

Amercement of Towns in Eyre.

THE Justices in Eyre from henceforth shall not amerce Townships in their Circuits, because all being twelve Years old came not afore the Sheriffs and Coroners, to make Inquiry of Robberies, Burnings of Houses, or other Things pertaining to the Crown; so that there come sufficient out of those Towns, by whom such Enquests may be made full: 

Just. in Eyre. Enquests of the Death of Man.

^[1]except Enquests for the Death of Man, whereat all being twelve Years of Age, ought to appear, unless they have reasonable cause of Absence.

1. Fitz. Wast, 11, 39, 53, 66, 72, 73, 101, 103, 120.; 2 Inst. 147.

CAP. XXV.
What kind of Man-slaughter shall be adjudged Murther.

^[1]MUrther 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.

1. Keyling 127.; Co. Ent. 354.; 2 Inst. 148.; 2 Roll 120.

CAP.