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ABiuration is an oth that a man or woman shall take w••ē they haue com∣mitted felony, & flie to the Church or churchyard, or to any other place priui∣ledged for safegarde of their liues, choosing rather perpetual banishment out of the realm, thē to stād to the law & to be tried of the felony, in which case befor the Coroner he shalmake such cōfession, which may
make a sufficient indite∣ment of felony, then the coroner at the comon law shall make him to for∣swere the Realme, & shal assigne him to what Port he shal goe, & shal sweare him y• he go not out of the high way, & yt he shoulde not abide at the port (if he may haue good passage) but one flood & one ebbe, & if he cannot haue passage, then he shall go euery day during xl. daies in the se•• to the knees, but if such a felon as abiureth go out of the hie way & flieth to another place, if he be ta∣ken he shalbe brought be∣fore the iudge & there shal haue iudgement to be hā∣ged. But if he which so praieth the priuiledge wil not abiure, then he shall haue the priuiledge for xl. daies, & euery man may giue him meate & drinke. But if any giue him sus∣tenance after xl. daies al∣though it be his wife▪ such giuing is felony. Also he that doeth abiure shall be deliuered from one Con∣stable to another, & from one frāches to another, til
that hee come to his port, and if the Constable will not receiue him, he shalbe grieuously amerced. Look the othe in the Treatise de Abiuratione Latronū.
And this law was insti∣tuted by S. Edward the Confessor, a king of this Realme before the Con∣quest, and was grounded vpon the law of mercie, & for the loue & reuerence no doubt that he & other his successours did beare vnto the house of God, or place of prayer and admi∣nistration of his woord & sacramēts, which we call the Church. Note this law is now changed by the statutes 21. H 8. ca. 2 22. H. 8. ca. 14. and 32. H. 8. cap. 12. by which it ap∣peareth, that he at this day shall not abiure the Realm, but al his libertie of this Realm, and al his liberall and frée habitati∣ons, resorts and passages from all places of this Realme, to one certaine place in this realm therto limitted by 32. H. 8. ca. 13 & 33. H. 8. ca. 15. Looke more in Stamf. li. 2. ca. 10.