By _W. 1. c. 17._ if any take the beasts of others and cause them to be
driven to a castle or fortress[49], and there within the close of such
castle or fortress detain them against gage and pledge, after the beasts
shall be solemnly demanded by the sheriff or by the Kings bailiff, at the
suit of the plaintiff, the sheriff or bailiff taking with him the power
of his county or of his bailiwick[50] shall assay to make the replevin of
the beasts from him that took them or from his lord, or from others of
the men of his lord whatsoever they be, found in the place where the
beasts were chased; and if any deforce him of the deliverance of the
beasts, or that no man be found for the lord, or for him that took them,
to answer and make the deliverance after the lord or taker shall be
admonished thereof by the sheriff or bailiff, if he be in the country or
near or there whereas he may be conveniently warned by the taker or any
other of his, to make deliverance, if he were out of the country when the
taking was, and did not cause the beasts to be delivered incontinent,
that the King for the trespass and despite shall cause the said castle or
fortress to be beaten down without recovery; and it is to wit, that where
the sheriff ought to return the Kings writ to the bailiff of the lord of
the castle or fortress or other to whom the return belongeth, if the
bailiff of the franchise will not make deliverance after that the sheriff
hath made his return unto him, then shall the sheriff do his office
without further delay as is aforesaid and upon the aforesaid pain; and in
like manner, deliverance shall be made by attachment of plaint made
without writ, and upon the same pain.
[Sidenote: Hue and cry.]
By _W. 1. c. 9._ all generally are to be ready and appareled at the
commandment and summons of sheriffs, and at the cry of the country to
pursue and arrest felons, when need shall be, as well within franchises
as without. And if default be found in the lord of the franchise, the
King shall take the franchise to himself; and if the default be in the
bailiff he shall be imprisoned one year, and after be grievously fined,
and if he hath not whereof to be fined he shall be imprisoned two years:
And if sheriffs, coroners, or other bailiffs, within franchise or
without, conceal or consent or procure to conceal the felonies done in
their bailiwicks, or that they will not attach or arrest the misdoers
where they can, _&c._ and be attainted thereof, they shall be imprisoned
for one year and after be grievously fined, and if they have not whereof
to be fined, shall be imprisoned for three years.
By _Stat. de Wynton_ _13 E. 1. st. 2. c. 6._ sheriffs and bailiffs within
franchises and without, higher or lower, and that have any bailiwick or
forestry in fee or otherwise are to take good heed that they follow the
cry with the country, and that they have horses and armour to do it.
Public-domain text, read in full here on John Shaqi.
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