Pardons for Felony, Justices of Assize, etc. Act 1328

JurisdictionUK Non-devolved
Citation1328 c. 2
Year1328
Statutes made at Northampton in tribis septimanis Paschoe , Anno 2 Edw . III. and Anno Dom. 1328 In what Case only Pardon of Felony shall be granted. Who shall be Justices of Assise,&c .

(2 Edw. 3) C A P. II.

‘ITEM, Whereas Offenders have been greatly encouraged, because the Charters of Pardon have been so easily granted in Times past, of Manslaughters, Robberies, Felonies, and other Trespasses against the Peace;’ '(2) it is ordained and enacted, That such Charter shall not be granted, but only where the King may do it by his Oath, that is to say, where a Man slayeth another in his own Defence, or by Misfortune. (3) And also they have been encouraged, because that the Justices of Gaoldelivery, and ofOyer and Terminer , have been procured

aNote ; The Writ here spoken of is not to be found upon the Roll.

by great Men against the Form of the Statute made in thexxvii Year of the Reign of King Edward , Grandfather to our Lord the King that now is, wherein is contained, that Justices assigned to take Assises, if they be Laymen, shall make Deliverance; and if the one be a Clerk, and the other a Layman, that the Lay-judge, with another of the Country associate to him, shall deliver the Gaols: (4) Wherefore it is enacted, That such Justices shall not be made against the Form of the said Statute; (5) and that the Assises, Attaints, and Certifications be taken before the Justices commonly assigned, which should be good Men and lawful, having Knowledge of the Law, and none other, after the Form of another Statute made in the Time of the said King Edward the first. (6) And that theOyers and shall not be granted but before Justices of the one Bench or the other, or the Justices Errants, and...

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