Page:Ruffhead - The Statutes at Large, 1763.djvu/92

not, but only those that were taken for the Death of Man, or by Commandment of the King, or of his Justices, or for the Forest;  ^[1](3) It is provided, and by the King commanded, That such Prisoners as before were outlawed, and they which have abjured the Realm, Provors, and such as be taken with the Manour, and those which have broken the King's Prison, Thieves openly defamed and known, and such as be appealed by Provors, so long as the Provors be living (if they be not of good Name) and such as be taken for House-burning feloniously done, or for false Money, or for counterfeiting the King's Seal, or Persons excommunicate, taken at the Request of the Bishop, or for manifest Offences, or for Treason touching the King himself, shall be in no wise replevisable by the common Writ, nor without Writ: 

What sort of Offenders be mainpernable.

^[2](4) But such as be indicted of Larceny, by Enquests taken before Sheriffs or Bailiffs by their Office, or of light Suspicion, or for Petty Larceny that amounteth not above the Value of xii d. if they were not guilty of some other Larceny aforetime, or guilty of Receipt of Felons, or of Commandment, or Force, or of Aid in Felony done; or guilty of some other Trespass, for which one ought not to lose Life nor Member, and a Man appealed by a Provor after the Death of the Provor (if he be no common Thief, nor defamed) shall from henceforth be let out by sufficient Surety, whereof the Sheriff will be answerable and that without giving ought of their Goods. 

The Penalty of unlawful Mainprise.

(5) And if the Sheriff, or any other, let any go at large by Surety, that is not replevisable, if he be Sheriff or Constable or any other Bailiff of Fee, which hath keeping of Prisons, and thereof be attainted, he shall lose his Fee and Office for ever.  (6) And if the Under-Sheriff, Constable, or Bailiff of such as have Fee for keeping of Prisons, do it contrary to the Will of his Lord, or any other Bailiff being not of Fee, they shall have three Years Imprisonment, and make Fine at the King's Pleasure. 

The Penalty for detaining a Prisoner that is mainpernable.

^[3](7) And if any withhold Prisoners replevisable, after that they have offered sufficient Surety, he shall pay a grievous Amerciament to the King;  (8) and if he take any Reward for the Deliverance of such, he shall pay double to the Prisoner, and also shall be in the great Mercy of the King.

Enforced by 27 Ed. 1 stat. 1 c. 3.

See 3 H. 7 c. 3. giving Power to Justices of Peace to let Prisoners to Bail. And 1 & 2 P. & M. c. 13. giving farther Directions to such Justices. Likewise 31 Car. 2. c. 2. §. 7. for bailing Persons committed for Treason or Felony, and not indicted the next Term.

1. Fitz. Mainprise, 1, 39, 40.; Bro. Mainprise, 54, 57, 59, 60, 75, 78, 91.; 11 Co. 29.; Bro. Main. 6, 9, 19, 22, 30, 48, 50, 51, 53, 58, 63, 64, 73, 91, 93, 97.
2. 2 Bulstr. 328.; 3 Bulstr. 113.
3. 2 Inst. 184.

CAP. XVI.
None shall distrain one of his Fee, not drive the Distress out of the County.

A Distress shall not be driven out of the County.

^[1]IN right thereof, that some Persons take, and cause to be taken, the Beasts of other, chasing them out of the Shire where the Beasts were taken; it is provided also, That none from henceforth do so;  (2) and if any do, he shall make a grievous Fine, as is contained in the Statue of Marlebridge, made in the time of King Henry, Father to the King that now is. 

Distraining out of his Fee.

^[2](3) And likewise it shall be done to them which take Beasts ⟨wrongfully⟩,^[3] and distrain out of their Fee, and shall be more grievously punished, if the Manner of the Trespass do so require.

Enforced and amended by 1 & 2 P. & M. c. 12. which directs where Distresses shall be impounded.

See likewise 2 W. & M. sess. 1. c. 5.  8 Ann. c. 14.  11 Geo. 2. c. 19. containing farther Provisions with regard to Distresses.

1. 1 H. 5. 3.
2. 2 Inst. 191.; 7 H. 7. f. 1.; 52 H. 3. c. 4.; Regist. 183.
3. Not in Original.

CAP.