Page:Ruffhead - The Statutes at Large, 1763.djvu/89

^[1]before the Justices of the Wreck belonging to the King. (4) And where Wreck belongeth to another than to the King, he shall have it in like manner. (5) And he that otherwise doth, and thereof be attainted, shall be awarded to Prison, and make Fine at the King's Will, and shall yield Damages also. (6) And if a Bailiff do it, and it be disallowed by the Lord, and the Lord will not pretend any Title thereunto, the Bailiff shall answer, if he have whereof; and if he have not whereof, the Lord shall deliver his Bailiff's Body to the King.

Altered by 12 Ann. stat. 2. c 18. for preserving Ships and Goods stranded. &c.

1. See 4 Ed. 1 stat. 2. de Officio Coronatoris.

CAP. V.
There shall be no Disturbance of Free Elections.

Elections shall be Free.

^[1]AND because Elections ought to be free, the King commandeth upon great Forfeiture, that no Man^[2] by Force of Arms, ⟨nor by Malice,⟩^[3] or Menacing, shall disturb any to make free Election.

See 9 Ed. 2. stat. 1. c. 14. relating to Election of Dignities of the Church.

1. Br. Amercement, 6, 13, 32, 35, 37.; 2 Inst. 168.
2. For no Man, &c. read no great Man or other, &c.
3. Not in the Original.

CAP. VI.
Amerciaments shall be reasonable, and according to the Offence.

^[1]AND that no City, Borough, nor Town, any Man be amerced, without reasonable Cause, and according to the Quantity of his Trespass; ^[2]that is to say, every Free-man saving his Freehold, Merchant saving his Merchandise, a Villain saving his Waynage, and that by his or their Peers.

See 34 Ed. 3. c.1. ordaining that Fines for Trespass shall be reasonable; and 1 W. & M. sess. 2. c. 2. declaring excessive Fines and cruel Punishments to be illegal, and likewise Grants of Fines before Conviction.

1. 2 Inst 169.
2. Regist. 187.; 9 H. 3. stat. 1. c.14.

CAP. VII.
In what manner, and of whom, Purveyance shall be made for a Castle.

^[1]Of Prises taken by Constables, or Castellains, upon such Folk as be not of the Town where thee, in Castle is; it is provided, That no Constable, nor Castellain, from henceforth exact any Prise, or like Thing, of any other than of such as be of their Town or Castle; and that it be paid, or else Agreement to be made within fourty Days, if it be not an antient Prise due to the King, or to the Castle, or to the Lord of the Castle.

Altered by 13 Car. 2. stat. 1. c. 8.

1. 9 H. 3. stat. 1. c. 19.

CAP. VIII.
Nothing shall be taken for Beaupleader.

^[1]AND that nothing be taken for Fair Pleading, as hath been prohibited heretofore in the Time of King Henry, Father to our Lord the King that now is.^[2]

Enforced by 1 Ed. 3. stat. 2. c. 8.

1. 2 Inst. 171.; 52. H. 3. c.11.
2. Regist. 179.

CAP. IX.
All Men shall be ready to pursue Felons.

AND forasmuch as the Peace of this Realm hath been evil observed heretofore for lack of quick and fresh Suit making after Felons in due manner, and namely because of Franchises, where Felons are received; ^[1](2) it is provided, That all generally be ready and apparelled, at the Commandment and Sum-

Enforced by 4 Ed. 1. stat. 2. Officium Coron.

1. 2 Inst. 171.