Stat. Westm. prim. - Prisoners and Bail Act 1275

JurisdictionUK Non-devolved
STATUTUM WEST' PRIMUM. The Statute of WESTMINSTER, the First, Made at Westminster 25 die Aprilis, Anno 3 Edwardi I.and Anno Dom. 1275 Which Prisoners be mainpernable, and which not. The Penalty for unlawful Bailment.

(3 Edw. 1) C A P. XV.

‘AND forasmuch as Sheriffs, and other, which have taken and kept in Prison Persons detected of Felony, and incontinent have let out by Replevin such as were not replevisable, and have kept in Prisonsuch as were replevisable, because they would gain of the one party, and grieve the other; (2) and forasmuch as before this Timeit was not determined which Persons were replevisable, and which 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;’ (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: (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 ofxii 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 she Provor (it 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. (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 Wi...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT