[001] place, finds you twelve responsible and law-abiding men of your county who [002] undertake to have him before the justices etc. to stand his trial with respect to B's [003] death, of which he is appealed, then release the said A. from prison and deliver him [004] on bail to the aforesaid twelve in the manner aforesaid and cause his chattels to [005] be delivered to him. And have there the names of the twelve etc.’ If he has been [006] imprisoned within a liberty, for homicide or any other felony, and the bailiff of [007] the liberty has not set the said man free at the sheriff's command, let a writ then [008] issue to the sheriff ordering him to release him despite the liberty, in this form:
Where a man is arrested within a liberty and his release has been delayed; let him who arrested him be attached1 to answer why he arrested the said man and imprisoned him.
[010] ‘The king to the sheriff, greeting. We well recall that we have ordered you on [011] another occasion (or ‘often’) to release A., who was arrested at such a place [012] within the liberty of such a one and is detained in prison, since he was not arrested [013] for homicide and there is no other reason why he is not to be released and permitted [014] bail. Nevertheless, as we are given to understand, he is still detained in prison, to [015] our contempt and contrary to our order, [and therefore] we order you, if this be so, [016] to go without delay in your own person to the said place and to cause the aforesaid [017] A. to be released at once, despite that person's liberty, lest complaint with respect [018] to him reaches us again. And if B. the wife of the said A. has made you secure with [019] respect to the prosecution of his suit, then put by gage and safe pledges all the [020] bailiffs of the aforesaid liberty, who kept the aforesaid A. in prison, to be before [021] etc. to answer the aforesaid A. concerning the aforesaid trespass and imprisonment. [022] And have etc. Witness etc.’
Where a clerk has been arrested for homicide and court christian claims him; how he is to be committed to the bishop and how the bishop ought to keep him in custody.
[024] But when a clerk, of whatever order or dignity, has been arrested for homicide [025] or any other crime and been imprisoned, if court christian claims him through the [026] ordinary of the place, as the archbishop or bishop or their official, or others bearing [027] their letters, let the prisoner be delivered to them at once, without calling any [028] inquest, [not that they be completely freed, that2 they may travel at will about [029] the country, but safely kept in custody, in the bishop's prison or in the king's if [030] the ordinary so desires,3
Volume 2, Page 348
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