THE Traveller's Guide, AND, The Country's Safety.  
BEING A Declaration of the Laws of England against High-way-men, or Robbers upon the Road;  
What is necessary and requisite to be done by such persons as are rob in order to the recovering their damages;  
Against whom they are to bring their Action, and the manner how it ought to be brought.  
Illustrated with variety of Law Cases, Historical Remarks, Customs, Usages, Antiquities and Authentic Authorities.  
By J. M.  
LONDON, Printed by the Assigns of Richard and Edward Atkins, Esquires, for Langley Curtis, on Ludgate Hill, and Thomas Simons, at the Prince's Arms in Ludgate Street, 1683.   

TO THE READER.  
TO travel the Road in safety is none of the least advantages we receive by the Laws of England; for by them it is that we are protected from the violence of those discontented, designing, profligate Wretches, the Robbers upon the Highway; fellows by their own Heraldry intitling themselves Gentlemen of the Road, and glory in their invention of the most Gentile Trade of Ruining Mankind; when, alas, if you look into their Pedigree, you will find them so far from men of Honour or Virtue, that nothing can be made of them but a pack of idle dissolute Rascals, the best of them but Cadets, most commonly the spawn of broken Tradesmen and worst of Debauchees.  
But we design not so much by this Treatise to give the Character of these Disturbers of the Quiet and Repose of Mankind, as to set forth what good and wholesome Laws have been formerly made by our discerning Ancestors against them, and how the honest Traveller may obtain a Legal Recompense for the Losses he sustains by such ; The main scope and intent of this Discourse being to show,  
That, whereas by the Statute of Winton, made in the Thirteenth year of King Edward the First, If divers persons had committed a Robbery, the Hundred should have been amerced, if they had not apprehended all the Felons; and how that by the Statute of the Seven and Twentieth of Eliz. Chap. 13. a new Law is made in these points following,  

1. None shall have an Action upon the said Statute 13 Ed. 1. except that the party rob, doth give notice, as soon as he can, of the said Felony, to some of the Inhabitants of some Town, Village or Hamlet, next to the place where the Robbery was done.  
2. If they in their pursuit apprehend any of the Offenders, That shall excuse them, although that they do not apprehend them all.   
To which is added, for the benefit of Clerks and Attorneys, variety of Precedents, from the Declaration to the Execution, in all Cases relating to the prosecuting of the Hundred where the party is rob, that nothing may be wanting to complete a Work so profitable both to the Attorney and his Client.  
J. M.   

THE TABLE.  

RObbery, what it is. fol. 1.  
Where and how the party is to have restitution of the Goods whereof he was rob, upon an Appeal or Indictment. fol. 6.  
Of the Action upon the Statute of Winton against the Hundred fol. 14.  
Where and how notice is to be given of the Robbery. fol. 25.  
At what time the Robbery must be committed to charge the Hundred by an Action upon the Statute of Winton. fol. 32.  
In what place a Robbery must be committed to charge the Hundred: fol. 42.  
How one or more against whom Execution is had may have contribution from the rest of the Inhabitants of the same Hundred. fol. 48.  
Of Hue and Cry. fol. 66.  
Who may raise the Hue and Cry, and for what cause. fol. 68  
How and in what manner the fresh suit and pursuit is to be made upon a Hue and Cry levied. fol. 74.  
Who are bound to pursue upon the Hue and Cry levied. fol. 81.  
The Statute of Westminster 1. Cap. 9 Anno 3 Ed. 1. of Robberies. fol. 86.  
The Statute of Winton Anno 13 Ed. 1. of Robberies. fol. 88  
The Proclamation or Writ directed to the Sheriff Anno 21 Ed. 1. to proclaim the Statute of Winton. fol. 91.  
The Statute of 28 Ed. 3. Cap. 11. fol. 94.  
The Statute of 27 Eliz. Cap. 11. Of Hue and Cry. fol. 97.  
The Form of an original Writ upon the Statute of Hue and Cry. fol. 111.  
The return of the same Writ. fol. 115.  
A Declaration upon the same. fol. 116.  
Aliter in Divisis Hundredorum. fol. 117.  
General Issue pleaded with challenge to the Hundred. fol. 118.  
Barr, that no Hue and Cry was made. fol. 119.  
Non inform ' to a Declaration upon the Statute, with Judgement after a Writ of Inquiry. fol. 120.  
Judgement upon the Statute after Verdict. fol. 122.  
Venire Facias. fol. 123.  
Distringas against the Jury, with the return. fol. ibid.  
Writ of Inquiry. fol. 124.  
The Oath to be taken before a Justice of Peace by the person or persons who are rob, whereupon the party rob may ground his Action according to the Statute of 27 Eliz. fol. 126.    

THE Traveller's Guide, AND, The Country's Safety.  

What is Robbery.  
RObbery is the felonious taking of any thing from the person of another against his will, whereby the person is put in fear; though the thing taken be but to the value of a penny, for which the Offender shall be hanged.  
Yet in some cases it is not necessary that the thing whereof the party is rob be actually taken from his person, for if the Robbers obtain it by force and menaces, though the owner himself delivers it to them, yet this tantamounts to a taking from the person; for the Law respects the original cause (viz.) the threats and menaces which necessitated the Propriator to quit his goods for the preservation of his life and person; As if one command another presently to deliver him his purse, or otherwise he will kill him, which he does accordingly, this is Robbery, for the danger he confessed himself to be in by reason of those threaten was the cause and motive of that delivery; So if two or more take a man and by force compel him to take an Oath to bring them such a sum of money, and if he does not they threaten to kill him; Though he brings it in pursuance of his Oath, and delivers it to them and they take it, yet this is Robbery, notwithstanding that by this enforced Oath he was not bound in conscience to bring them the money; for he took it for fear of death, and so not voluntarily; If Felons come in the night to rob me in my house, and I, fearing lest they should enter the house and rob me, and, to prevent their entry, I throw money or plate, etc. out at the window to them, 
44 Ed. 3.14.  which they take and departed, this is Robbery; for, in construction of Law, it is the same as if they had taken it from my person.  
If Felons take goods openly in a place where the Owner is present, and thereby put him in fear, or take his horse or drive his  out of his pasture or fold, he standing by and looking on them, 
22 Ass p. 39 Fit. Car. 115.  so that he be terrified by their violent carriage, menaces, assaults or otherwise, this is Robbery in the takers, and the Law supposes it to be done with such violence that he is not able nor dare not to resist them, & in privata causa nemo tenetur exponere se periculis.  
The putting the party in fear is an especial part of a Robbery, without which, in estimation of Law, no Robbery can be committed; 
5 Eliz. Dier 224.  for if I be travelling upon the road, and one comes by and takes my money from my pocket, or my sword from my side unknown to me, this is Felony but no Robbery.  
The taking away of something from the person, either in Fact or Law, is as necessary an ingredient to make a Robbery as the Putting of the party in fear; As if one lies in wait in the highway to rob passengers, and he bids a Traveller which comes along to stand and yield him his purse, 
9 Ed. 4.26.  if the Traveller upon resistance overcome him, and either apprehends him or puts him to flight, though there was a design and an attempt to commit a Robbery, yet, volunt as non reputabitur pro facto, and though the Law adjudges this intent to be no Robbery, yet it ranks it, and that not undeserved, amongst the highest of misdemeanours.  
So that the difference betwixt Robbery and a Theft is that, That one is done openly and with force, the other secretly and surreptitiously; And if any thing be taken from a man openly and in his presence, and his person is not thereby put in fear, this amounts only to a trespass.  
A Traveller may justify the kill of any person who shall attempt to rob or murder him upon the way, and that without the forfeiture of either lands, goods or chattels; 
22 Ass. 55.26 Ass. p. 23. & 32. Co. li. 5.91. Fit. Coron. 30. & 305.  This point of the forfeiture was somewhat disputable at the Common Law; Some would have it to be the same with killing of a man by chance-medley, or se defendendo; but this point hath been cleared by an explanatory Act made in the 24 H. 8. cap. 5. where it is declared, That if any person or persons do attempt feloniously to rob or murder any person or persons in or nigh any common highway, cart-way, horse-way or footway, and if any such evil disposed person happen to be killed or slain in such attempt, and he that so killed him be thereof indicted or appealed, That the person or persons so indicted or appealed, and of the same by verdict so found and tried, shall not forfeit or lose any lands, tenements, goods or chattels, for the death of any such evil disposed person in such manner slain, but shall be thereof and for the same fully acquitted and discharged, in like manner as the same person or persons should be, if he or they were lawfully acquitted of the death of such evil disposed person or persons.   

Where and how the party is to have restitution of the goods whereof he was rob, upon an Appeal or Indictment.  
AT the Common Law, before the Statute of Westminster, the person rob had no other satisfaction but only restitution of his goods, in case he made fresh pursuit after the Robber, and convicted him at his own Suit (viz.) by an Appeal of Robbery. The Law is so eager to have Felons apprehended, that if the party does not use his utmost endeavours to get the Offender taken, it punisheth him with the loss and forfeiture of the goods stolen; So that if the Malefactor be convicted at the Suit of the party, yet if the Jury does not find that he had made fresh suit after the Felon, the goods stolen are forfeited to the King, and no restitution can be made of them.  
As the Law condemns the not pursuing or in slack and faint pursuit of Robbers; so it rewardeth diligent endeavours though they meet with no success: for if a Felon which committed a Robbery be not taken by the space of a year after the Felony committed, yet if the party that was rob do his endeavour to apprehend the Felon, and make diligent and special enquiry for him, and after he be taken, though not at the suit of the party rob, yet that shall be adjudged a sufficient fresh suit, and upon his appeal brought, and the Offender convicted, he shall have restitution of his goods rob; and if this fresh suit was made by a Servant, and not by the party rob himself, it is sufficient to procure him restitution.  
Conviction without Attainder is sufficient to entitle the Appellant to a restitution, though in ancient times some opinions have been to the contrary, and that no restitution could be made until after attainder, and in some cases where no attainder could be (as where the Felon died in prison before the Owner had commenced his appeal) though the suit was never so fresh, Fit. Coron. 319.8 E. 3.10. But now it is agreed that if after the appeal commenced the Felon die in prison or break the prison, the fresh suit shall be enquired, and if found, the party rob shall be restored to his goods, Fit. Coron. 379. 26 Ass. p. 32. So if the Malefactor stand mute or challenge peremptorily above the number which the Law does allow, or demand his Clergy, in every of these cases the fresh suit being found by inquest, the Appellant shall have restitution of his goods, for he had done all that he could in order to an attainder.  
If an appeal of Robbery be sued against the Principal and Accessary, and the Principal be attainted and the fresh suit is sound, restitution shall be made of the stolen goods without prosecuting the suit against the Accessary, and yet his continuance of the suit against the Accessary shall not hinder his restitution, for that the principal Felon is attainted by his procurement; and the Appellant shall have restitution whether the Accessary be attainted or acquitted; In the same manner the Appellant shall have restitution where he sues an appeal against two as Principals and one of them is acquitted, 21. Ed. 4.16. 10 H. 4.5. If one man rob divers men, for which they bring their several appeals, and the Felon is attainted at the suit of one of them, and the fresh suit is found, in this case the rest shall not have restitution until the Offender be convicted at their several suits, and likewise the fresh suit severally found.  
There are some opinions which hold that if the Appellant sue the Robber to the outlawry that he shall have restitution of his goods without enquiring of the fresh suit, for that he had prosecuted against the Appealee as far as the Law gave him way.  
An enquiry must be made of the fresh suit before any restitution can be awarded; and that too before the Justices and not the Sheriff, and by the Jury that convicted the Defendant of the Robbery: But in case the Defendant doth confess the appeal, than it must be enquired of by a Visne from that County where the Robbery was committed, and where the appeal is brought, except it be brought in London; for that the City hath a privilege not to be forced to appear upon Juries out of the City; And it cannot be taken there by Nisi Prius, because it is but an inquest of Office; Therefore in this case the Visne shall come from that County where the Robber was taken, and so it shall be enquired by the people of that County.  
In the first place the Court is to ask the Defendant in the appeal if he claims any property in the goods; which if he says he does not, than it must be enquired if the goods were the Plaintiff's at the time of the Robbery committed, and also inquire of the fresh suit.  
If the Manner (viz. the stolen goods) wherewith the Felon is taken be portable, or that it can be otherwise done with conveniency, it ought to be brought into the Court before the Justices, and if it be in a trunk, box, chest or cloak-bag, etc. the Appellant must tell particularly what goods there are in it before it be opened, or that he can have restitution.  
The Appealant's fresh suit being found by the Inquest, the Court ought to award him restitution of all the goods contained in his appeal, which the King's Officers or any other had seized to the King's use.  
Having showed how the party rob might obtain restitution of his goods by Appeal, in the next place falls under consideration the case of an Indictment: At Common Law, if the person rob had steered his course this way he had certainly split himself upon the rocks; for restitution could in no case be awarded upon an Indictment, though the Jury that found the Offender guilty of the Robbery had likewise found the fresh Suit. To remedy this inconveniency an Act was made 21 H. 8. cap. 18. whereby it was enacted, That if any Felon or Felons do rob or take away money, goods or chattels from any of the King's Subjects, from their person or otherwise within this Realm, and thereof the said Felon or Felons be indicted, and after arraigned of the same Felony and found guilty thereof, or otherwise attainted by reason of evidence given by the party robbedd or owner of the said money, goods and chattels, that as well Justices of Goal delivery, as other Justices before whom any such Felon or Felons shall be found guilty or otherwise attainted by reason of evidence given by the party so rob or owner, or by any other by their procurement, have power by this Act to award from time to time Writs of restitution for the said money, goods or chattels in like manner as though any such Felon or Felons were attainted at the Suit of the party in appeal: So that by virtue of this Act the party rob may have restitution upon evidence given by himself or by any other by his procurement notwithstanding that he made not any fresh Suit.  
If the Servant be rob of his Master's goods, the Master may give evidence against the Felon by virtue of these words (the party so rob or owner) And if the party rob does not give evidence himself but procure another to do it, this is sufficient within the words of the Statute to enable him to obtain restitution.  
If one man do rob goods from three men severally, and he is indicted for the robbing of one of them, and thereupon arraigned; though the other two would give evidence against the Malefactor, yet they shall not have restitution of their goods within the intent and meaning of this Act, for the Felon is not attainted of any other Robbery but that whereof he is indicted: But if he be indicted of all the three several Robberies severally, and arraigned upon one of them, and convicted upon the evidence given by one of the parties rob, yet he shall be after arraigned upon the other two Indictments that he may be also found guilty by the evidence of the other two persons rob; to the end they may have restitution of their goods.  
Though this Statute speak only of the party rob, yet his Executors and Administrators are within the meaning of it: for it is a beneficial Law, and gives a more speedy remedy to the party rob than the Common Law gave by way of Indictment, and therefore aught to be construed beneficially.   

Of the Action upon the Statute of Winchester against the Hundred.  
HAving showed how and in what cases the party rob may have restitution of the stolen goods, both upon an Appeal and an Indictment, now I shall proceed to show what further remedy the Law gives him for his indemnity. At Common Law, if a man was rob, he was presently to use his utmost endeavour to apprehend the Felon, and if he was found defective or negligent in this particular, the Law would give him no relief; and though there was no neglect in him, yet for want of the due and speedy assistance of others, which were obliged to join with him in the pursuit, perhaps the Robber was not taken until such time as he had opportunity to make away and imbezle the goods; So that if it chanced that he was taken afterwards, the party was destitute of any sort of recompense, whereas if the Felon had been freshly and vigorously pursued from Town to Town, etc. as the Law does direct and require, he might have been taken with the Manner, and upon an Appeal brought and a conviction thereupon, the Owner was to have restitution of the goods which were stolen from him. It is true the Law did punish the Inhabitants of the place where the Robbery was committed, if, upon notice given to the Constable of the Town, the Hue and Cry was not raised, and all persons within the Town were bound to follow the pursuit, which if they did not they were punishable by Fine and Imprisonment, this Cry was to be carried from Constable to Constable; and if any Town was indicted for the escape of the Felon, the pursuit with Hue and Cry to the next Constable was a good excuse, a total neglect or at least the faint and weak performance of these fresh suits being not duly punished, Robbers did escape unpunished, and that impunity was an encouragement to others to commit the like enormities, to the great and manifest danger of the King's Subjects travelling upon their lawful occasions. For the indemnity of persons who should sustain any loss by Robberies, and for the more effectual obliging of Cities, Towns and Villages, and to discharge their duty with great care and diligence in the pursuing and apprehending of Felons, it was thought fit a Law should be made, that if the Felons were not taken within such a time, the Hundred where the Robbery was committed should satisfy the party whatever he was damnified thereby; to that end there was a Statute made at Winchester, in the 13 E. 1. whereby, in the preamble thereof, is set forth the principal cause of the frequent escapes of Felons without being apprehended, and why the Laws which were then extant proved ineffectual to suppress and extinguish both Felons and Felonies, and whence the growth of them proceeded, for that Felons could not be attainted by the Oaths of Jurors, who had rather strangers should be rob and the Robbers escape punishment than indict the Offenders, of whom great part were of the same Country, or at least, if the Offenders were of another Country, the Refarvors might be of places near; and they did this, because no Oath was given to the Jurors of the same Country where the Felonies were committed, and no Law obliged them to restitution of damages, nor any penalty limited for their concealment and Latches. And for that the fear of a penalty more than that of an Oath might be a greater engagement upon them not to spare or conceal Felonies, therefore it was enacted, That if any Robbery, etc. be committed (if need requires) Inquest shall be made in Towns by him that is Lord of the Town, and after in the Hundred, and in the Franches and in the County, and sometimes in two, three or four Counties, in case where Felonies shall be committed in the Marches of Shires. And it was further enacted, That if the Country will not answer for the Bodies of such Offenders, the people of every such Country shall be answerable for the Robberies and also the damages, so that the whole Hundred, with the Franchises being within the precincts of the same Hundred, shall be answerable for the Robberies done. And if the Robbery be done in the divisions of two Hundreds, both the Hundreds and the Franchises within the same shall be answerable; And after the Robbery be done, the Country shall have no longer space than half a year, within which time it shall behoove them to agree for the Robbery or Offence, or else that they shall answer for the Bodies of the Offenders.  
But afterwards by another Statute made An. 28 E. 3. cap. 11. it is ordained That the Country shall have no longer term after the Robbery committed than forty days, within which time they must make satisfaction for the Robbery or answer the Bodies of the Felons.  
The person rob shall have an Action upon the Statute of Winchester against the Hundred, notwithstanding that the Statute does not expressly mention any Action; for when it says the Hundred shall answer for the Robbery and the damages; the Hundred within the meaning of the Statute is to be answerable to the party rob; for he is the person damnified and intended to be relieved within this Act; and when the Statute gives him recompense or satisfaction for the loss he had sustained by the Robbery, the Law by implication gives him the necessary means whereby he is to attain to it, and that is an Action to be grounded upon this Statute. Process and Execution against the Hundred, I shall speak of at large in another place.  
By the two aforesaid Statutes of the 13 E. 1. made at Winchester, 
Co. li. 7. so. 7.  and the 28 E. 3. the Country, if it did not answer for the Bodies of all the Offenders, must of necessity have made satisfaction for the Robbery, though (in case it was done by many) some of the Felons upon pursuit had been taken; but this is moderated by a Clause in the 27 El. cap. 13. whereby it is enacted, If any Robbery be committed by two or more, and any one of them be apprehended upon such pursuit as the Law does require, that no Hundred or Franches shall incur the penalty or loss or forfeiture mentioned in this Statute of the 27 El. or any of the two former Statutes, though the rest of the Felons make their escape.  
The party rob was not limited to any time within which he should bring his Action before the 27 El. which Act does provide, That no person or persons rob shall take advantage by virtue of any fermer Act, to charge any Hundred where any robbery shall be committed, unless he or they so rob shall commence his or their Suit or Action within one year next after such Robbery so committed; for if the Robbery be committed upon the first of May, and the original bear test the first of May following the Action does not lie, for it must of necessity be commenced within the year.  
This Statute of the 27 El. doth likewise bind the person rob to the performance of some conditions before he can be enabled to bring his Action, for the Act says, That no person or persons rob, shall maintain any action of the two forementioned Statutes, except the said person or persons so rob, shall, with as much convenient speed as may be, give notice of the same Robbery so committed unto some of the Inhabitants of some Town, Village or Hamlet near unto the place where such Robbery was committed; Nor shall by virtue of the Statutes aforesaid bring any Action unless he or they shall within twenty days next before such Action to be brought, be examined upon his or their corporal Oaths to be taken before some one Justice of the Peace of the County where the Robbery was committed, inhabiting within the Hundred where the said Robbery was done or near unto the same, whether he or they know the parties that committed the Robbery or any of them. And if upon examination it be confessed that he or they do know the parties that did the Robbery, or any of them, than he or they so confessing, shall, before the said Action be commenced enter into a Recognizance before the said Justice to prosecute the said person or persons so known to have committed the Robbery by Indictment or otherwise, according to the due course of the Laws of this Realm.  
So that these four things are absolutely necessary; 

1. That notice with all convenient speed be given to the Inhabitants of the place near where the Robbery was done.  
2. That the said Oath be taken before the Justice of the Peace within twenty days next before the Action commenced.  
3. That he enter into a Recognizance to prosecute the Felons in case he knows any of them.  
4. That the Action itself be brought within a year after the Robbery committed.    
If the Servant be rob of his Master's goods, the Servant is to give the notice to the Inhabitants, for he is best able to describe the Felons, and give information which way they are gone; so that the Country by his directions may the better pursue and descry the Malefactors, and the Oath required by the Statute, made by him is sufficient, because the contents of the Oath is, Whether the party rob knew any of the Offenders? and a knowledge of the Robbers (within the meaning of this Act) is expected from none but the person that was rob.  
The Servant is likewise the person to be bound in the Recognizance, the Statute requires that, because no person is supposed fit to give evidence against the Offenders than he that was rob by them. But the Action against the Hundred must be brought by the Master, for he is the Propriator: but if the Servant refuses to make the Oath, or enter into the Recognizance before the Justice, Quaere, What remedy the Master hath against him?  
If a man be rob in the Hundred of A. in the County of B. and he that was rob takes the Oath enjoined by this Act before a Justice of the Peace inhabiting in or near the Hundred of A. at any place out of the County of B. the Oath so taken hath been adjudged sufficient to entitle him to his Action, for by virtue of this Act he h●th a special power (which is not confined to any place) to administer this Oath wherever he be, and it is not like that authority which he derives from his Commission, which is local, and can be exercised no where else besides in the County where he is constituted Justice of the Peace.  
If several men be rob at one time and place, the number of their Actions to be brought against the Hundred depends upon the quality of the property they had in the goods whereof they were rob; for if they had several properties they must bring several Actions, 
Dier 370. pl. 59  but if they be joint Owners or Proprietors than they must all join in one Action, or so many of them as are so jointly possessed.   

Where and how notice is to be given of the Robbery.  
IT appears by the Statute of Westminster the 1st, made in the third year of Edward the First, That at Common Law 'twas the duty of the Inhabitants to keep and guard the Country from Thefts and Robberies, etc. and in case any Felony was committed they were to pursue and apprehend the Felons, otherwise they were punishable for the escape of such Offenders: every Town was obliged at its peril to take notice of any Robbery committed within its precincts, though done (if in the day time) in a place never so secret; 
Dier 210. pl. 25.  as if a man be slain in the Fields or Lane or any other private place belonging to the Town, if the Murderer escape untaken, the Town was amerceable, though the Inhabitants thereof had not the least knowledge of it, for in many cases the Law doth presume a knowledge, as the Jury that is to try an Issue is supposed to have recognizance of the matter of fact in Issue between the parties; So if one be outlawed of Felony in the County-Court, and afterwards is received by any person of the same County, that receipt makes him accessary to the Felony, for the Law believes no man, residing in the same County, to be ignorant of what is transacted in that Court; to which generally every one owes suit and attendance. Likewise if one retain my Servant in the same County where I live, if I bring an Action against him for so doing, his ignorance of the fact in this case does not excuse him, for he is bound to take notice of the first retainder, but if he retains my Servant in another County, than the Law is otherwise; So also a man is bound to take notice of all Acts done upon his own freehold. The Statute of Winchester, which give the Action against the Hundred, is general, and does not specify any time or place when or where the Robbery is to be done, which makes the Hundred liable, yet the Sages of the Law have put such a construction upon the general words of that Statute, that the Robbery, which binds the Country to render satisfaction to the party rob, must be committed in the daytime, and not in the night, and not in a private place as a House, but openly, so that the Country may take notice of it themselves, 
Co. li. 7. so. 7.  for it was not necessary for him that was rob to levy any Hue and Cry, or give any notice of the Robbery to the Inhabitants of the Country, neither by the letter of the foresaid Statute of Winchester, or by the meaning of it; for it may be that the person rob was bound or maimed, etc. so that he could not raise any Hue and Cry or give any notice to the Country, and it is a general Rule in Law, that where the Law appoints no person to give notice, the party concerned himself is bound to take notice at his peril; as if a Church becomes void, by virtue of the Statute of the 21st. of Hen. 8. the Patron is bound to present at his peril within, six months after the institution and induction into the second Benefice, 
Cro. par. 1.258.  though all this be done without his having the least knowledge of it. 
Dier 292.  But if a Church becomes void by sentence of deprivation in the Ecclesiastical Court, and the six months after which the elapse is to incur, is to commence but from the time of such notice given, and the reason of the first case is the Church being ipso facto void, there being no person whom the Law requires to give the Patron notice of such avoidance, he is obliged to take notice of it himself. If a Tenant in Fee-simple convey the Estate to the use of himself for life, the remainder to his Wife for life, the remainder to his eldest Son in Fee, and afterwards enfeoffs A. with Warranty, and dies, the Wife and the Son enter upon A. and join in a Feoffment to B. the Heir being barred by the Warranty, 
Cro. Car. 393.  this Feoffment is a forfeiture of the Wife's Estate for life; for she was to take cognizance of the said Feoffment made by her Husband, because the Livery is a public and notorious Act, and she ought at her peril to take notice of this Act done upon the Land, none being bound to give her notice of it.  
That this matter of the notice is now altered by the Statute of 27 El. whereby it is provided, That no person shall maintain any Action upon the Statute of Winchester or any other Statute, except the person rob, with as much convenient speed as may be, give notice of the Robbery to some of the Inhabitants of some Town, Village or Hamlet near the place where such Robbery shall be committed: yet it is not necessary that notice be given to those of the Hundred where the Robbery was done, but to the Inhabitants of any Village near adjoining to the place where the person was rob, 
Cro Car. 379.  though in another Hundred, for the Statute does not mention that notice be given to the Inhabitants of that Hundred where the Robbery was committed, and also by intendment the person rob cannot know the divisions of the Hundred; And though notice be given out of the County, yet it is well enough, provided he makes it in a Village near adjoining to the place where he was rob; 
Cro. Car. 41.  As in an Action brought against the Hundreds of Dackorum and Cashoe, the Plaintiff alleged the Robbery to be committed at Shealey and Ridge in divisis Hundredorum de Dackorum & Cashoe in Com. Hertford, and that he gave notice of the Robbery at South Mims, in the County of Middlesex, near the Hundreds aforesaid, in this case the whole Court adjudged the notice given in Middlesex to be sufficient, and that the party rob is no more bound to know the divisions of Counties than he is of Hundreds. And likewise notwithstanding that the words of the Statute are, that notice be given near the place where the Robbery was, yet the Court held that this allegation of the notice given at South Mims, near the Hundreds aforesaid, was well enough, and shall be intended in the division where the Robbery was done; So if a Robbery be alleged to be committed in divisis Hundredorum, etc. and notice given at such a place, 
New Book of Ent. so 348.  etc. prope divisis Hundredorum predict. etc. it shall be intended to be given in the division of the Hundreds where the Robbery was done, and not in the most remote place thereof, for that should be a foreign intendment, though it be good either way, yet it is best to allege the notice to have been given at the place where the Robbery was committed, or at a Village near unto adjoining.   

At what time the Robbery must be committed, to charge the Hundred by an Action upon the Statute of Winchester.  
THough the Statute of Winchester, as I have showed you in the foregoing Chapter, is general, both as to time and place, and that it hath been expounded not to extend to any Robbery, unless the same be committed in the daytime, 
Co. li. 7. fo. 7.  for of Felonies done in the night the Country of itself is not bound to take notice, for they cannot conveniently pursue or make enquiry after the Offenders in the nighttime; And since the Statute makes the Country answerable for the Robbery, it were too hard to require from them a performance of that which they are deprived of the ordinary and convenient means to effect. This Statute was expounded according to the rule and reason of the Common Law (as it may appear by the case of the 3d. of Ed. 3d. Tit. Coron. 293.) That if a Murder or any other Felony be done in the night and the Malefactor escaped, the Town was not to be amerced for it.  
In this point of the time there is a difference between a pursuit for the King and for the party, upon the Statute, as shall be further demonstrated hereafter, when I come to treat of Hue and Cry; though in neither case the Law does constrain the Country to take cognizance at their peril of any Felony acted in the night: 
2 Ed. 4.8. B. 9 A  yet in case of a pursuit for the King, upon actual notice given of the Felony, the Law, upon Hue and Cry levied, expects the readiness and uttermost diligence of the Inhabitants to follow the Malefactors. As if a man be rob or assaulted and offered to be rob, either in the day or night, if the person himself or any other resort to the Constable of the Town, and acquaint him with the cases, describing the person, and giving information which way the Offender is gone, and require him to raise the Hue and Cry, it is the duty of the Constable to raise the power of the Town, as well in the night as in the day, for the prosecution of the Offender, and if he be not found, there to give warning to the next Constable, and he to the next, until the Offender be taken.  
If a Traveller be rob in the night, and gives notice to the Constable of the Village as aforesaid, though the Constable is obliged (as I have said already) to raise the Hue and Cry, yet this at the most is but a pursuit for the King, and the Traveller shall take no advantage of the negligence thereof, in case the Felons make their escape, for God hath ordained the day for man to labour and travel, 
Co. ubi supra.  as a fit time for him to exercise his industry, and the night for his repose and quietness, being tired and wearied with his daily operation; and accordingly the Law supposes every person in the night to have retired himself from his labour to take his natural rest, neither does the Law require his presence or attendance upon his own private affairs, 
12 Ed. 3. tit. Distress 17.11 H. 7. fo. 5. Acc.  nor allow an occasion to interrupt or disturb him in his sleep. Therefore it hath been adjudged that a man cannot distrain in the night for a rend Service (because the distress being in itself a demand of the rent, which the Tenant ought to pay, whensoever it is demanded, upon the Land out of which it issues) for that the Law does not require his being upon the ground, nor his readiness to tender his rent in the night as it does in the daytime. It is true, 
10 Ed. 3. fo. 21.  a man may distrain for damage Feasant in the night, and the Law does allow it only for the necessity of the case, for if the Owner of the Land should permit the  to continue there till morning, perhaps by that time they may estray out of the ground, and so they cannot be distrained at all, for they must be taken damage pheasant (viz.) doing of the trespass upon the ground. Therefore since none are bound to have an eye in the night upon Thiefs and Robbers in the Country, it is both the interest and safety of our Traveller, that he take care not to be abroad at unseasonable hours, for then in some respect he is out of the protection of the Law, which makes no provision for his indemnity in case he be rob, and the Poet further warns him of his danger:  
 jugulent homines surgunt de nocte Latrones.  
And whereas it is further provided by the Statute of Winchester, cap. 4. That in all Cities and great Towns which are walled the Gates be kept shut from Sunsetting to Sunrising, I conceive that if a man be rob in such a City or Town, though it be done in the night, yet the Inhabitants shall answer for the Robbery, and notwithstanding that at the Common Law no place was punishable for the escape of any Felon in the night, yet this Statute hath changed the reason and ground of that Law, and ratio Legis est anima Legis & mutata Legis ratione mutatur & Lex, for if they do not keep their Gates shut according to the Statute whereby the Felon escapes, there is a default and negligence in them, which renders them liable to punishment if the Felon be not apprehended by them, and it was adjudged in the 3d. of Ed. 3d. That where a man being slain within a walled Town in the night, 
3 Ed. 3. tit. Coron. 299.  and the Murderer escaped, that the whole Town should be amerced, Quaere, Whether the case of the Robbery may not be within the same reason?  
It is necessary that the Robbery, for which the County is to answer, be done in the daytime and out of the night, and if a man be rob after Sunset and before it be dark, yet the Hundred is chargeable, as it was resolved in an Action brought against the Inhabitants of Eveinger, by one Ashpoole, who was rob in January after Sunset while it was daylight, and the Court gave Judgement for the Plaintiff, 
Co li. 7. fo. 6.  for that it was a time convenient for men to travel and be about their business.  
And in another Action commenced against the Hundred of Dunmore in Essex, it was resolved that for a Robbery done in the morning ante lucem (viz. before it is light) the Hundred is not chargeable, 
Co. ub. supra.  for that the Robbery is done in the night.  
In an Action upon the Statute of Winchester, brought against the Hundred of Morely, the Jury found that the Robbery was done post lucem ejusdem diei & ante ortum Solis, that is, after daybreak and before Sunrising, and it was adjudged the Plaintiff should recover against the Hundred. So also a Robbery committed post occasum Solis & per diurnam lucem, 
Cro. Jac. 106.  that is, after Sunset and by daylight, was held good to charge the Country.  
The Hundred of Warrington, being sued upon the aforesaid Statute for a Robbery committed, it was held by Anderson and all the Justices, that if a Robbery be done in the morning before day or in the evening after the day, 
Cro. Eli. 270.  in any time of the night in which men use commonly to travel, that the Hundred is answerable for it. But if it be done at twelve or one of the Clock in the night, at which time every one is intended to be in bed, the Hundred is not bound to answer for the Robbery, Quaere of this Case, for it contradicts the forementioned Authorities, and the reasons of them.  
Though in most cases travelling upon the Sunday be prohibited and punishable by Law, yet if any person so travelling be rob, the Country is not excusable, as it was held by three Justices, in the case of one wait, against the Hundred of Stoke, That notwithstanding a Robbery be committed upon the Sunday in the time of Divine Service, yet this is no excuse for the Country, for it is their charge and duty to provide that Robberies be not done, and if they be that they suppress them; and the Statute of Winchester is made for the maintenance of the peace of the Realm and the advancement of Justice, 
Cro. Jac. 469.  and therefore aught to be liberally and favourably construed, and the pursuing of Felons, who attempt to violate the Sabbath, is no offence but a good work of Charity and Justice, for if it were otherwise it would prove the occasion and encouragement of committing Robberies frequently upon that day. And sometimes divers persons upon necessity are forced to travel upon the Sunday, as Physicians, Surgeons and Midwives, and it was judged but reasonable they should be protected in their Journeys.  
But this Law is in some sort now altered by a Statute made in the 29th: year of the Reign of his present Majesty, whereby it is provided, That if any person or persons whatsoever which shall travel upon the Lord's day shall be then rob, That no Hundred nor the Inhabitants thereof shall be charged with it, or be answerable for any Robbery so committed; but the person or persons so rob shall be barred from bringing any Action for the said Robbery, any Law to the contrary notwithstanding; Nevertheless the Inhabitants of the Counties and Hundreds (after notice of any such Robberies to them or some of them given, or after Hue and Cry for the same to be brought) shall make or cause to be made fresh suit and pursuit after the Offenders with Horsemen and Footmen, according to the Statute made in the 27th. year of Queen Elizabeth, upon pein of forfeiting to the King's Majesty his Heirs and Successors, as much money as might have been recovered against the Hundred by the party rob if this Law had not been made.   

In what place a Robbery must be committed to charge the Hundred.  
THE Statute of Winchester speaks in general as well of the place, as of the time, yet resolved Co. li. 7. in Sendill's Case, That if a man be rob in his House either by day or night, the Hundred in which the House is shall not be charged to answer for it, and that for three reasons 

1. For that every man's House is his Castle, which he is bound to defend at his peril.  
2. It is not lawful for another to enter into any man's House for the tuition and safeguard of it.  
3. That such a Robbery for which the Country shall answer within this Act ought to be done openly, so that the Country may take notice of it themselves.    
Though the Law be so in case of a Robbery committed in a House, yet it seems (that since this Statute is to be expounded by the rules of the Common Law) that if a Robbery be done in any known place besides, the Country is liable. It is held in my Lord Dier's Reports, 
Dier 210. Stam. 34.  That if a man be slain in the daytime that the Township should be amerced for the escape, though the Murder was done in any Fields or Lane belonging to the Town; hence I do infer, that if a person be rob in any open or known place out of the Highway, that such Robbery is within the Statute: I conceive this Case may serve as a rule to expound this Statute by in reference to the place where, as well as that Case of the 3 d. of Ed. the 3 d. did in point of time, when the Robbery should be committed to charge the Country; for there a Murder was done vespere, in the evening after Sunset, and the place was amerced for the escape, and according to the reason of this Case it was adjudged in the seventh Report in Ashpool's Case, That a Robbery done after Sunset and before it was dark was sufficient to charge the Hundred; So likewise because an escape in the night is in no case punishable at Common Law, this Statute hath been expounded by the same rule that the Country should not answer for any Robbery done in the night.  
But there is one Case which seems to confine all Robberies (which are within the meaning of this Act) to the Common Highway. The Case was this, There was a way which was dangerous for Travellers to pass through, and very chargeable to be kept in repair, and upon an ad quod damnum, it was found accordingly; thereupon the old way was stopped up and a new one made through the Fields adjoining, which was more safe and commodious for Passengers, and to an Information brought for stopping the way this whole matter was pleaded, and Judgement for the King, 

1. For that the Owner of the Land through which the new way was made might stop it at his pleasure.  
2. Because if any Robbery should happen to be committed upon any person travelling in this new way, the Country was not liable to make satisfaction for it, for that they were not bound to keep Watch and Ward there.   To this I answer, That it is a charge and a duty incumbent upon the Inhabitants of every Country to see that no Robberies be committed in any place within their respective Precincts, and to use all means to prevent them, and if they be to suppress them, and it does not follow that the Country is not answerable for any Robbery unless the Inhabitants be bound to Watch and Ward at the same time and place where and when the Robbery is committed, for then no Robbery done after Michaelmas and before the Feast of the Ascension should bind the Country, nor between the Feast of the Ascension and Michaelmas, unless it be done after Sunsetting and before Sunrising; for by the Statute, no City, Town or Village is obliged to keep Watch but from Sunsetting to Sunrising, and that at no other time of the year but from the Feast of Ascension till Michaelmas, neither is it to be thought in reason that the number which the Statute does appoint to Watch (viz. six at every Gate of a City, twelve to a Tower, and six more or less according to the proportion of the Inhabitants to every Village) should guard every particular passage upon the Road: And Watches are not kept in the night to guard and secure Travellers from Robbers in the night, for the Country shall not make any satisfaction for a Robbery done at that time; but their business principally is to examine all Strangers (which travel in the night) whence they come, whither they go, and what they be, and of their business, etc. and if they find cause of suspicion they may arrest and detain them till the morning, and if then no suspicion be found they may let them go, and if otherwise they ought to deliver them to the Sheriff, or carry them before a Justice of the Peace, etc. And admitting that the Country is bound to keep Watch and Ward in the daytime, according to the 5th. of Ed. the 4th. where it was held, That the Inhabitants are not required by Law to Watch and Ward upon the Sunday, in the time of Divine Service, yet it was resolved in an Action brought by— against the Hundred of Stokes, That notwithstanding the Robbery was done upon the Sunday, and in the time of Divine Service that the Plaintiff should recover against the Hundred, and I conceive that it may be a general rule, that in what place soever a Felony be committed, for which the Town or Hundred were answerable at Common Law for the escape of any such Felon, that for a Robbery done under the same circumstances the Country shall answer. I have only offered these reasons and submit unto the Judgement of the Reader.   

How one or more against whom Execution is had may have Contribution from the rest of the Inhabitants of the same Hundred.  
BY the Statute of the 13th. of Ed. the 1st. and 28 of Ed. the 3d. the whole Hundred where the Robbery was committed with the Liberties within the Precincts thereof, being liable to answer for the Robbery and the damages sustained thereby, when the party rob had obtained Judgement against the Hundred, it was the usual practice to take Execution for the entire damage against one or very few of the Inhabitants, who being so charged had no remedy to force a contribution from the residue of the Hundred, which often proved to be the absolute impoverishment and ruin of such Inhabitants and their Families. To remedy this great inconveniency, and to lay the burden equally upon the Inhabitants of the whole Hundred, who were equally chargeable by a Statute made Anno 27 El. cap. 13. it is enacted, That after Execution of damages so had by the party against one or few of the Inhabitants, it may be lawful upon complaint made by the person or persons so charged, for two Justices of the Peace (whereof one to be of the Quorum) of the same County inhabiting within the said Hundred or near unto the same where any such Execution shall be had, to assess and tax ratably and proportionably according to their discretions all and every the Towns, Parishes, Villages and Hamlets, as well of the said Hundred where any such Robbery shall be committed as of the Liberties within the said Hundred to and towards an equal contribution to be had and made for the relief of the said Inhabitant or Inhabitants against whom the party or parties rob had his or their Execution. And after such taxation made, the Constables, Constable, Headboroughs, or Headborough of every such Town, Parish, Village and Hamlet, shall by virtue of this Act have full power and authority within their several limits ratably and proportionably to tax and assess according to their abilities, every Inhabitant and Dweller in every such Town, Parish, Village and Hamlet, for and towards the payment of such taxation and assessment as shall be so made upon every such Town, Parish, Village and Hamlet, as aforesaid by the said Justices; And if any Inhabitant of any such Town, Parish, Village or Hamlet shall obstinately refuse and deny to pay the said taxation and assessment so by the said Constables, Constable, Headboroughs or Headborough taxed and assessed; Then it shall and may be lawful to and for the said Constables Headboroughs, and every of them within their several limits and jurisdictions, to distrain all and every person and persons so refusing or denying by his and their goods and chattels, and the same distress to sell and the money thereof coming to retain to the use aforesaid; And if the goods and chattels so distrained and sold shall be of more value than the said taxation shall come to, than the residue of the said money over and above the said taxations shall be delivered unto the person or persons so distrained. All and every such Constables and Headboroughs after that they have within their several limits and jurisdictions levied and collected their said rates and sums of money so taxed, shall within ten days after such Collection pay and deliver the same unto the said Justices of Peace or one of them to the use and behoof of the said Inhabitant or Inhabitants for whom such rate, taxation or assessment shall be had or made as aforesaid, which money so paid shall by the Justices or Justice so receiving the same be delivered over (upon request made) unto the said Inhabitant or Inhabitants to whose use the same shall be called.  
It was held in one Dean's Case 10 Car. in the Common Pleas, That a person coming to inhabit in the Hundred after the Robbery, and Judgement given, is not liable to the Execution at the Suit of the party rob, but a person coming after to inhabit is assessable to the Contribution, because the Country is chargeable at the time of the assessment and not the persons which were there at the time of the Robbery committed. Vid. Dalton's Justice. 153.  
There was another inconveniency (before the making of the aforesaid Statute of 27 El.) which occasioned great remissness and negligence in the pursuing and apprehending of Robbers, for that by the Statutes of 13 Ed. 1. and 28 Ed. 3. the Hundred where the Robbery was done stood charged with the penalties therein contained, notwithstanding their disability to perform what the Law required from them, and likewise notwithstanding they used their uttermost endeavours in making of fresh suit and following the Malefactors in order to bring them to justice; the Inhabitants of other Hundreds and Counties (besides those where the Robbery was done) knowing that though the Felons escaped that they were not bound to render satisfaction to the party rob, were careless in discharging their duty in prosecuting the Hue and Cry when it was brought to them; And to the end that the Inhabitants and Resiants of other places might be quickened and spurred on to use all possible diligence to suppress Robbers, the aforesaid Statute of 27 El. makes them who shall first make default in the pursuit to participate of the charge, which before was incumbent only upon that place where the party was rob, It is thereby enacted, That the Inhabitants of every or any such Hundred (with the Liberties within the precinct thereof) wherein negligence, fault, or defect of pursuit after Hue and Cry made, shall happen to be, shall answer and satisfy the one moiety or half of all and every sum or sums of money and damages as shall by force and virtue of the said Statutes of 13 Ed. 1. and 28 Ed. 3. or either of them be recovered or had against, or of the same Hundred with the Franchises therein in which any Robbery or Felony shall at any time hereafter be committed or done, And the same moiety shall at any time hereafter be recovered by Action of Debt, Bill, Plaint or Information in any of the King's Courts of Record at Westminster, by and in the name of the Clerk of the Peace for the time being of every such County within this Realm where any such Robbery and Recovery by the party or parties rob shall be without naming the Christian-name or Surname of the said Clerk of the Peace, which moiety so recovered shall be to the only use and behoof of the Inhabitants of the said Hundred where any such Robbery shall be committed.  
And lest the Action, etc. should any way miscarry, either by the death or removal of the Clerk of the Peace it is further provided by the said Act, 
That if any Clerk of the Peace of or in any County within this Realm shall at any time hereafter commence or prefer any such Suit, Action or Information, and shall after the same so sued, commenced or preferred happen to die or to be removed out of his Office before Recovery and Execution had, yet no such Action, Bill, Plaint, Suit or Information sued, commenced or preferred, shall by such displacing or death, be abated, discontinued or ended, But it shall and may be lawful to and for the Clerk of the Peace next succeeding in the said County to prosecute, pursue and follow all and every such Action, Bill, Plaint, Suit or Information for the causes aforesaid so hanging and depending in such manner and form to all intents and purposes as that Clerk of the Peace might have done which first commenced or preferred the said Suit, Bill, Plaint or Information.  
If the moiety of the penalty be recovered in an Action brought upon the foresaid branch of this Statute against any Hundred for want of fresh suit and Execution had thereupon against one or few of the Inhabitants; There shall be the same course and method observed as is provided by this Statute for relief of part of the Inhabitants (of that place where the Robbery was done) whose goods and chattels are taken in Execution for the satisfaction of the person that is rob, And the like taxation, assessment, levying by distress and payment shall be had and done within every Hundred where default and negligence of pursuit and fresh suit shall be, for and to the benefit of all and every Inhabitant or Inhabitants of the same Hundred where such default shall be, that shall at any time hereafter by virtue of this Act have any damages or money levied of them for the payment of the one moiety of the money recovered against the said Hundred where the Robbery is committed.   
There is a private Act of Parliament made in the 39 El. cap. 25. for the relief of the Inhabitants of Begnersh alias Benherst in the County of Berkshire, who in respect of the smallness and poverty of the place were not able to make satisfaction for the great and frequent Robberies committed within that Hundred, which hath two great Roads in it, the one leading from London to Henly upon Thames, the other from London to Reading, each of them being at least three miles in length through the woody ground called the Thicket; And in respect of the thinness of the Inhabitants, and few or none of their Villages being situated upon either of these Roads; And having seldom any occasion for themselves or their Servants to be much conversant in or near the Roads, most part of the Hundred joining to the Highway being woody ground, and so not fit for Tillage or Pasture, or any other use which may require the frequent being of the Resiants upon it. And so for these reasons they could not conveniently of themselves take notice of the Robberies committed upon these Roads. And therefore to ease them of the inconveniencies and of the great charges that they were equally like to undergo, to their utter impoverishment and depopulation, it is provided by this Act, That the Inhabitants of the said Hundred of Benherst shall and may to their own proper use in the name of the Clerk of the Peace of the said County recover and levy all such sums of money, costs and damages as shall hereafter be recovered or levied of or against them by force of any of the Statutes which concern Robberies, against the Inhabitants and Resiants of every or any such Hundred with the Franchises within the precincts thereof, wherein negligence, fault or defect of such pursuit or fresh suit (as by the said Statute of 27 El. is appointed to be made) shall happen to be after notice given or Hay and Cry brought to the said Inhabitants or Resiants or any of them of or upon any Robbery which shall be committed within the Hundred of Benherst: And this Act shall give full power and authority in all respects to the Inhabitants of the said Hundred of Benherst (in the name of the Clerk of the Peace of the said County) for the recovery and levying of all the said money, costs and damages aforesaid, as the Statute of 27 El. gave or intends to give for the recovery of a moiety or one half thereof. Provided always that no such remedy or recovery shall be had by this Statute for all or the whole sum or sums of money and damages aforesaid, but only in these two cases (viz.) The one where no such notice or intelligence (as by the said Statute of the 27 El. was appointed to be given of every or any Robbery) shall be given to the Inhabitants of the said Hundred of Benherst; The other where the Inhabitants of the same Hundred (after such notice of any Robbery to them or some of them given, or after Hay and Cry for the same to them brought) shall make or cause to be made fresh suit and pursuit after the Offenders with Horsemen and Footmen, according to the said Statute of 27 El. and where nevertheless the Offenders or any one of them shall not be apprehended within forty days after the Robbery committed.  
One of the chief difficulties that the said Hundred of Benherst laboured under was in regard the Inhabitants thereof for the reasons already showed could not of themselves take notice of the Robbery that they might make fresh suit after the Offenders, and nothing could excuse them of the penalty unless they or some other place answer the Bodies of all or any of the Robbers, and the party rob was not obliged to give notice within the Hundred wherein he was rob, for notice in another Hundred or County is sufficient, provided it be near the place where the Robbery was done, as it appears by the preamble of this Statute of 39 El. That upon a notice given at Maidenhead out of the Hundred of Benherst, and three miles distant from those thievish places in the Thicket where the Robbery was committed, recovery and Execution were had against the said Hundred for above two Hundred and fifty pounds; and you may read in the Chapter of Notice before, how notice given at South-Mims in Middlesex of a Robbery done in Hertford-shire was adjudged good. And notwithstanding this Act, if a Traveller be rob within the Hundred of Benherst, and gives notice of the Robbery at another place out of the Hundred as aforesaid, yet the said Hundred shall answer for the Robbery as formerly, for the meaning of the Statute is not, that if there be notice at all give to the Inhabitants of the said Hundred, that for that reason they shall be excused of the penalty, but that if there be no such notice given to them within the Hundred, and the party rob recover against them, they shall recover over against the place where default of fresh suit shall happen the whole and entire penalty recovered against them. And in case there be such notice and intelligence given to the Inhabitants or Resiants of this Hundred as the Statute does require, and the Offenders escape, yet they shall recover the moiety according to the Statute of the 27 El. against the Hundred where the fresh suit ceased, etc.  
There is another private Act made for the relief of the Inhabitants of the Town of Tewxbury, 
8 H. 6. c. 27.  in the County of Gloucester, against the Commonalty of the Forest Dean, and of the Hundreds of Bledstow and Westbury, in the said County, for that Sundry Robberies were usually committed in a riotous manner by a great multitude of people of the said Commonalty upon the said Inhabitants of the Town of Tewxbury in their passage from thence upon the River of Severn to the City of Bristol and in their return back again, therefore to remedy these great enormities, 
The Sheriff of the said County or the Bailiffs of the Town of Gloucester for the time being or one of them, upon pein of forfeiture of 20li. to be levied of their lands, goods and chattels to the King's use, shall make proclamation at the said Town of Gloucester within four days next after notification made to them or any of them by the persons so endamaged, or by any other in their names of such injuries and trespasses done, and that the said Trespassers and Offenders shall restore in the same Town of Gloucester within fifteen days after the said proclamation to the said persons so endamaged their corn and merchandise, goods and chattels so taken or the very value of the same, with reasonable amends for the damages sustained by such taking; After which proclamation if the said Trespassers do not restore the said corn and merchandise, etc. or the value of them to the party so grieved in form aforesaid, with reasonable amends for the damages, or that the said Trespassers be not brought to the King's Prison to the Castle of Gloucester for the said trespasses, by the Officers of the said Forest and Hundreds, or by the Commonalties of the same, that then the consideration of the Statute of Winchester put for the Robbery of any person which giveth an Action for him that is rob against the Hundred within which the same Robbery is done, after the form of the same Statute, the said Commonalties shall be charged of the said corn and merchandise, goods and chattels so taken or of the very value of the same to the party so grieved, to satisfy them of the damages for the same taking. And that the said parties so endamaged and grieved may have their general Actions of Debt against the said Commonalties of the said Forest and Hundreds of the sum of money, to which the value of the corn, merchandises, goods and chattels so taken do extend.  
And although the said Commonalties be no Commonalties Corporate, yet they shall have process in such Actions of Debt by Summons, Attachments and Distress, as if he were to have an Action of Debt at the Common Law; So that if the said Commonalties make default of the second distress in such Actions, that then the party which shall sue shall have Judgement to recover his Debt against the said Commonalties, after the supposal of their goods in the form aforesaid, with his reasonable damages and expenses; And whatsoever issue triable by Inquest in the said Forest and Hundreds, shall happen to be taken in such Actions, it shall be tried by Inquest of the Body of the said County out of the same Forest and Hundreds; And that the goods and chattels of every singular person of the said Commonalties for the time being shall be had, taken and holden in Law convict, as the common goods and chattels of the said Commonalties touching the return, serving and execution of Writs, Processes and Judgements in and of the said Actions. And that every singular person of the said Forest and Commonalties have power by authority of the said Parliament to attach and arrest the said Trespassers by their Bodies, as well within the said Forest as without, and so arrested to commit to the said Prison, and that the Keeper of the same Prison upon pain of 40 li. to be levied of his goods and chattels, lands and tenements to the King's use, shall safely keep every such person so committed to his custody till that the King or his Council hath ordained and provided their deliverance upon record, and if the goods or chattels of any singular person or persons of the said Forest and Hundreds, being not guilty of the said Robberies happen to be put in Execution by reason of any such Action and Judgement, that then the said person and persons so being not guilty may have their special Action of Debt or Trespass upon the case, of the goods and chattels so upon Execution against the said Trespassers, to recover their damages as well for the value of the same goods and chattels so put in Execution, as for the damages and costs which happen to be had by reason of such Actions of Debt, and they shall have such Processes in the said Actions of Debt or Trespass as is to be had in the said Actions of Debt for the said persons so endamaged or spoiled.    

Of Hue and Cry.  
FElony is so odious in the eye of Law that it punisheth the Author thereof with death, and will in no manner connive at the impunity such heinous Malefactors, and lest such violators of the peace should escape her Justice, she commands and requires the aid and assistance of all persons to apprehend and secure the Offender, and in case he be not taken in the Fact, to give by degrees a general and universal Alarm throughout the whole Kingdom for all people to take notice of the Offender; so that they may pursue and follow him in order to prevent his flight. And this grand Alarm is called in Law A Hue and Cry.  
Huer in French (from whence the Law-Latin word Hutesium is derived) signifies to hoot or shout, in English to Cry; And the two words Hue and Cry have but one signification, and as my Lord Cook terms it, the one is but an expression of the other, and sometimes one is used without the other, as in Westm. 1. cap. 9 where all men are commanded to be ready at the Cry of the Country. And the Law does not require that this Hue and Cry be made only with a vocal sound, but it may well answer the ends of the Law if it be performed by an Instrument, as a Horn, a Trumpet, etc. as the mirror and Briton have it, avec Hue & Cry de Corn & de Bouche, 
2 Inst. 173.  (viz.) with Hue and Cry of Horn and Mouth.  
This way of pursuing Felons by Hue and Cry is part of the ancient Common Law of this Realm, as it appears by those Authors who writ of the Laws of England in use long before the Conquest, yet some have thought that Hue and Cry had its original from the foresaid Statute of Westm. 1. but that Statute itself proves the contrary, for it finds fault that good suit, that is fresh suit was not duly made.   

Who may raise the Hue and Cry, and for what Cause.  
THere are two sorts of Hue and Cry, The one by Common Law, the other by Statute. The Hue and Cry by Common Law may be levied by any person who finds just cause to do it; neither when a Felony is committed is it necessary for him to resort to the Constable of the Town where it was done, and acquaint him with the cause, describing the person, etc. and require him to begin it, but that either the party grieved or one that is eye Witness to the fact may raise the Hue and Cry themselves, and the people of the Town are bound to follow it when it is once so raised, and if the party does not so he incurs the penalty of the Law. For if a man be present when one is either rob or murdered, 
3 Inst. 117. 8 Ed. 2. Coron. 395.  and does not endeavour to arrest the Offender, he is punishable by Fine and imprisonment; And so was the Law of old, Siquis aliquem spoliatum viderit, sontem per acelamationem insequatur, and it is likewise to be found amongst the Laws of Carnutus that if a man met a Robber in the way, 
3 Inst. 116.  and would suffer him to pass without raising the Hue and Cry upon him, he was to pay the uttermost penny the Felons life should be valued at.  
It is not necessary that the Hue and Cry be made by the Constable, the party grieved, or him that saw the fact committed, nor that it be raised in the Town where the Felony was done, but that in all cases where every man has authority by a warrant in Law to arrest an Offender, as a man attainted or indicted of Treason or Felony, may be apprehended by any person whatsoever, if an attempt be made to arrest any such person and he disobeys it and flies, the Hue and Cry may be levied upon him where ever he be.  
If a Felony be done, and A. suspects John a-Styles to be the person that committed it, the suspicion being personal none can attach him besides A. in this case if A. endeavours to apprehend him and he makes his escape, 
2 H. 7. so. 15.  I conceive A. may raise the Cry after him because he had power to arrest him.  
Note the Spectators are not to be Judges of the degree or quality of the offence; for it one kills another by chance-medley or se defendendo and flies for it, the Town shall be amerced for the escape, and by the same reason they may raise the Hue and Cry upon him, because the Inhabitants being bound to apprehend him, the Law allows them the means to effect it, and one of them is by Hue and Cry.  
Every Justice of the Peace by virtue of his Commission may cause Hue and Cry, 
Dal. J. P. cap. 28.  fresh suit and search to be made upon any Murder, Robbery or Theft committed.  
The Statute of the 3 d. of Ed. 1. entitled Officium Coronatoris, does ordain, That upon all Homicides, Burglaries, men slain or put in great danger, the Hue and Cry shall be levied; though generally a Felony ought to be the ground and foundation of the Hue and Cry, yet in some cases it may be done though there be no Felony, 
3 Inst. ib. supra.  as if a man be dangerously wounded or assaulted and attempted to be rob, in both these cases, though in the one there was but a probability of a Felony, and in the other only a will (discovered by the attempt) to commit it; So it seems if a rape be attempted upon a woman, she may justify the levying of the Hue and Cry though she was not ravished indeed.  
The Hue and Cry is appointed to be raised in some particular cases by Acts of Parliament, as the Statute of Winchester doth authorize the Watch to arrest night walkers, and if they disobey the arrest and fly, the Watchmen may make Hue and Cry, 
Stat. Winton cap. 3. 4 H. 7. so. 2.18.  and such person shall be pursued from Town to Town and from Country to Country in the same manner with the Felon.  
It is likewise ordained by a Statute made An. 21 Ed. 1. That if a Forester, Parker or Warrener, shall find any Malefactors wand'ring within their respective precincts, with an intent to commit any trespass or damage there, 
3 Inst. 117.  the said Officers may levy the Hue and Cry upon them; and if the Offenders thereupon will not render themselves to the said Officers, but fly or make resistance, if any of them be slain by the forementioned Officers, or by any other coming to their assistance, within their bounds or limits, and for the kill of such Offenders no person shall be answerable to the Law.  
As the Law gives authority to every man to raise the Country when there is a just and legal cause for it; so it does inflict a punishment upon such as shall alarm their Country without sufficient grounds to do it; for if any man shall upon a feigned cause raise a Hue and Cry upon another, 
3 Inst. 118. 29 Ed. 3. Fitz Tresp. 252.  he may be punished by Fine and imprisonment, and likewise may be bound to his good behaviour as a disturber of the public peace.  
And to the end that Malefactors should find no shelter or protection under the wings of any great Men or chief Officers of any Country, and to engage them as well as other Inhabitants to promote the common Cry, it is ordained by the Statute of Westm. 1. Cap. 9 That if default be found in the Lord of a Franchise the King shall seize the Franchise into his own hands, and if default be found in his Bailiff he shall suffer one years' imprisonment and afterwards make Fine to the King, and if he hath not wherewith, he shall be imprisoned for two years; And if the Sheriff, Coroner, or any Bailiff within such Franchise or without, for reward, or entreaty, or any affinity conceal, consent or procure to conceal the Felonies done within their Liberties, or otherwise will not attach or arrest such Felons (whereas they may) or otherwise will not do their Offices for favour that they bear to such Offenders, and be thereof convicted, they shall be imprisoned for one year, and if they have not whereof to make Fine, they shall have three years' imprisonment.  

2 Inst. 173  My Lord Cook in his Comment upon this Statute says that the King for such default shall retain the Franchise to himself for ever as forfeited; And Anno 30 H. 3. before the making of this Statute, W. de Haverhull, the King's Treasurer, was commanded to seize the City of London into the King's hand, for that the Citizens thereof did not levy Hue and Cry for the death of Mr. Guido de Arterio and others slain there, 
3 Inst. 118.  as the Laws and Customs of the Realm did require.   

How and in what manner the fresh suit and pursuit is to be made upon a Hue and Cry levied.  
THE Statutes of the 13 of Ed. 1. Cap. 2. 28 Ed. 3. Cap. 11. do command in general that Hue and Cry be made after Felons from Town to Town and from Country to Country; But it seems that at Common Law the method of pursuing Felons was, That the party rob or otherwise grieved, or some person for him (though that be not necessary as I have showed before) should repair to the Constable of the Town, and give him notice of the Felony, etc. and require him to raise the Hue and Cry, and the Constable ought to raise the power of the Town, and if the Offender be not found there to carry on the Hue and Cry to the next Constable, who was to do the like in his Town, and so from Constable to Constable until the Offender be taken, and this is to be done as well in the night as by day. Cook 3 Inst. 116. 2 Ed. 4.8, 9  
It seems no Town is bound to pursue any further than to the next Constable, 
Co. li. 7. so. 7. Dier 370.  for such a pursuit is a good excuse for them if the Town be indicted at the King's Suit for the escape of a Felon. And every Town in this respect is a distinct Body, and aught to aid and assist their Constable (when he requires them) in the execution of his Office; as the whole County is bound to obey the Sheriff's command when he hath occasion to make use of the Posse Comitatus; And if the Inhabitants of any Town were obliged to prosecute a Felon further than to the next Constable, then by the same reason they might be required to go on from one end of the Kingdom to the other, which is both inconvenient and unreasonable.  
And this seems to be the Law before the Conquest, 
mirror cap. 1.  for the mirror of Justice, treating of the Ordinances of the ancient. Kings, saith, it was Ordained, That every one of the age of fourteen years and upwards should follow criminal Offenders from Village to Village at the Hue and Cry; it is said elsewhere that Pervetusta Anglorum Lege sancitum est ut siquis damnum ex Furto passus, 
3 Inst. 172.  aut qui ipsum spoliatum viderit sontem per acclamationem insequatur, Constabularius ejus Villa cujus opem implorat, auxilia ciere, furemque perquirexe debet, quod si furem illic non deprenderit in proximam transmigrare, & Constabulariam ad ferendas suppetias iterum invocare, It is established by the ancient Law of England, that if any person be rob, either he himself or one that sees the Robbery done, may follow the Offender with a Hue and Cry, and the Constable of that Village whose help he requires, aught to call in aid and make enquiry after the Felon, and if he cannot find him there he ought to repair to the next Village and require the Constable of that place to bring in further aid to pursue the Felon.  
If a Hue and Cry be levied, the Officer of the Town where the Felony, etc. is done, as also the Officers of other Towns whither the Hue and Cry is brought aught to give notice to all the Towns round about them respectively, and not to one next Town only, 
Dal. J. P. cap. 28.  to the end that the Cry may spread itself far and wide into all Countries; So that it may be in a manner impossible for the Felon to escape, and in such cases it is requisite to give notice in writing (to the pursuers) of the things stolen, etc. and of the colours and marks thereof, and likewise to give a description of the person of the Felon, his Horse and Apparel, etc. and (if it can be known) to show which way he is gone.  
After notice given, 
St. 3 Fd. 1. de Offic. Cor. Braclon li. 3.10.121.  the pursuit from place to place must be made immediately, with all the haste and expedition that may be, and that likewise carefully and industriously, and the pursuers if possible are to find out the Felon's footsteps, and to tract him all the way he went, and to use all other devices and means which may seem most conducing and effectual for the apprehending of the Felon, since our Law of England directs the pursuers to tract the Felon, I cannot pass over in silence what the learned Sir John Davice mentions in his Preface to his Reports, That amongst the manifold absurdities of the Brehon's Laws, formerly in use amongst the Irish, they had one custom that deserves imitation, which was, That if any  were stolen and the Owner followed the tract (wherein, saith the Author, the Irish are incredible cunning, insomuch as they can find the same by the bruising of a grass in the Summertime) if the person into whose land the tract is brought cannot make it off into some other land, he is to answer the stealth to the Owner; and this Law is ratified there as both useful and necessary for that Kingdom, though the rest of the Brehon's Laws be abolished.  
Sir Nicholas Hid delivered in his Charge at Cambridge Assizes, Anno 1629. 
Dal. J. P. cap. 28.  That a Hue and Cry must be made and pursued with Horsemen and Footmen, and that not only a private search must be made in every Town, but that they must raise the Country as they go, and all still to follow the Hue and Cry as against a common Enemy.  
Also if a Hue and Cry be brought into a Town the Officers thereof ought forthwith to search all suspected Houses and places within their limits; And any person who follows the Hue and Cry (whether he be an Officer or no) may arrest all such persons as in the search or pursuit shall be found suspicious, and thereupon he that is so suspected aught to be carried before some Justice of the Peace of the Country where he is taken to be examined where he was at the time of the Felony committed.  
It is provided by the Statute of the 27 El. That no Hue and Cry made by the Country or Inhabitants of any Hundred shall be allowed for a lawful Hue and Cry or pursuit unless the same be done both with Horsemen and Footmen, Quere, Whether this Statute extends to a pursuit at Common Law or at the suit of the King, 
27 Eliz. cap. 13.  or only to a pursuit to be made at the suit of the party rob, who is to recover against the Hundred upon the Statute of Winchester.   

Who are bound to pursue upon the Hue and Cry levied.  
WHen the Hue and Cry is raised every Inhabitant (whose assistance the Law requires) ought to follow it, though he receives no command or notice thereof from any Officer who hath authority to demand their aid in this case, for if a Felony, etc. be committed and a Villor hears the Hue and Cry thereupon levied, he is not to expect command or notice from any person, but ought immediately to follow the Cry; for the Law which enjoins this duty upon him gives him a tacit command to do it, and the Hue and Cry itself (being once heard) is a sufficient notice; And this Law is as ancient as we are able to trace it by the light of Letters; for many years before the Conquest it was held for Law, 
Canuti Leges.  that if any man heard the Hue and Cry and did not pursue, he was to be punished as a Contemner of the King's Laws.  
The Statute of Westm. 1. being but in affirmance of the Common Law commands all persons to be in readiness to arrest Felons when ever the Cry of the Country summons their attendance, 
West. 1. cap. 3.  and by another Statute made the next year after it is commanded, That all persons shall follow the Hue and Cry, and whoever does not and be thereof convicted shall be attached to answer before the Justices of Gaol delivery, and for such offence shall be fined and imprisoned. 
Offic. Cor. 4 Ed. 1.  Bracton li. 3. fo. 118. 3 Ed. 3. Coron▪ 333.  
And Bracton, who writ before any Statute made concerning Hue and Cry, saith, 
Bracton li. 3. fo. 118.  That all Knights and others under the age of fifteen years, aught to take an Oath that they will not receive any outlawed persons, Murderers, Robbers, or such as have committed Burglary, and if at any time they should hear the Hue and Cry raised they should immediately follow it with their whole Family, and herewith agrees Briton fo. 15, ●●9 but The mirror of Justice, 
mirror cap. 1.  who was the first Author that writ of the Laws of England, relates it to be a Law established by the ancient Kings of this Realm, That such as be but of fourteen years of age are bound to pursue Felons upon the Hue and Cry.  
Notwithstanding what is said before be general, and its literal sense comprehends all persons, yet there are some that may claim an exemption from this service or duty; As, if a man be sick and not able to travel, the Law will allow him a privilege in respect of his infirmity, as well in this as in other cases; for if a Pracipe quod Reddat be brought against John astiles returnable at such a day, the Tenant may be essoined the mal● lecto, that is, he may be excused of his appearance, and thereby prevent his default, because he is sick a bed and cannot travel; So if the Sheriff arrests a man that is sick and returns Languidus, this is a good return, and the Sheriff shall not be amerced, for the Law constrains no man to expose his life to imminent danger, unless it be in the defence of the Commonweal, wherein the public safety ought to be dearer to every man than his life.  
A man may be exempted in regard of any other corporal infirmity, whereby he is visibly disabled to effect that which the Law expects to be done, for Lex non cogit ad impossibilia. The pursuit ought to be made by men that are endued with strength and agility of Body, so that the pursuer may be in a capacity to follow the Felon, either by running or riding, etc. with equal speed to that of the Malefactor, whose fear and the sense of his guilt adds vigour to his flight, and puts him upon all desperate enterprises in this extremity, and to oblige a blind or lame person, etc. to the performance of this Office were to no end, but should be in itself vanus & inutilis labour, and from the same reason I infer that one overgrown with years may be excused in respect of his age, as a person superannuated is freed from serving upon Juries. As for age, I conceive there is no certain term of years limited when any person shall either begin or cease to pursue upon the Hue and Cry, but in this case the abilities of the body must be the standing rule, as that of the mind in committing of Felonies; for though the Law computes fourteen years to be the age of discretion, yet if one under that age kills another, and it can be discovered by any circumstance that he had understanding, to discern betwixt good and the evil he had done, the Law will adjudge it Murder, for in this case malitia supplet atatem; so that if a person of younger years be of greater strength and ability of body than one of twice his years, who is weak and infirm and not able to answer the end of the Law, such person may be required to pursue an Offender upon the Hue and Cry, (notwithstanding the two aforesaid authorities) for his capacity of performing the duty, brings him within the reason of the Law, which being altered altars the Law itself, for ratio Legis est anima Legis & mutata Legis ratione mutatur & Lex.   


The Statute of Westm. 1. cap. 9 Anno 3 E. 1.  
Of Robberies.  
FOrasmuch as the peace of this Realm hath been weakly kept heretofore, for lack of quick and fresh suit making after Felons in due manner, 
Fresh suit.  and namely because of Franchises, where the Felons are received: It is provided, that all generally be ready and apparelled at the commandment and summons of Sheriffs, 
Sheriffs.  and at the Cry of the Country, to pursue and arrest Felons, 
Arrest.  when any need is, as well within Franchises as without; 
Franchises.  and they that will not so do, 
Refuse.  and thereof be attainted, shall make a grievous Fine to the King. And if default be found in the Lord of the Franchise, 
Fine.  the King shall take him to the same Franchise: 
Franchises.  and if default be in the Bailiff, 
Bailiff.  he shall have one years' imprisonment, 
Imprisonment.  and after shall make a grievous Fine, 
Fine.  and if he have not whereof, he shall have imprisonment of two years: and if the Sheriff, 
Sheriff.  Coroner, 
Coroner.  or other Bailiff within Franchise or without, for Reward or for Prayer, or for any manner of affinity, conceal, 
Conceal.  consent or procure to conceal the Felonies done in their Bailiwicks, 
Attach.  
Office.  or otherwise do forbear to attach or arrest such Felons (there as they may) or otherwise to do their Office for favour born to such misdoers, 
Favour.  and be attainted thereof, they shall have one years' imprisonment, 
Imprisonment.  and after make a grievous Fine; 
Fine.  and if they have not whereof to make Fine, they shall have imprisonment of three years. Westm. 1. cap. 9 Anno 3 Ed. 1. and after Anno 23 H. 6. cap. 5. it is enacted that this Statute shall be put in execution.   

The Statute of Winton, Anno 13 Ed. 1.  
Of Robberies.  
FOrasmuch as from day to day Robberies, Murders and burning of Houses be more often used than they have been heretofore, and Felons cannot be attainted by the Oath of Jurors, which had rather suffer Felonies done to strangers to pass without pain, than to indict the Offenders, of whom a great part be folk of the same Country, or at the least, if the Offenders be of another Country, the Receivers be of places near; and they do the same, because the Oath is not now put unto Jurors, nor upon the Country where such Felonies were done, as to the restitution of damages hitherto no pain hath been limited for their concealment and laches: Our Lord the King, for to abate the power of Felons, hath established a pain in this case, so that from henceforth for fear of the pain more than for fear of any Oath, they shall not spare any, nor conceal any Felonies; and commandeth that Proclamation be solemnly made in all Counties, Hundreds, Markets, Fairs, and all other places where great Resort of People is, so that none shall excuse themselves by ignorance, that from henceforth every Country be so well kept, that immediately upon Felonies and Robberies committed, such fresh suit be made from Town to Town, and from Country to Country, likewise when need require, that Inquest be made in Towns by him that is Lord of the Town, and after in the Hundred, and after in the Franchise, and in the County, and sometime in two, three or four Counties; in case where Felonies be committed in the Marches of Shires, so that the Trespassers may be attainted, and if the Country do not answer for such manner of misdoers, the pain shall be such, that the Country, that is, the people dwelling in the Country, shall answer for the. Robberies done, and also for the damages, so that the whole Hundred where the Robbery happeneth to be done, with the Franchises, being within the precinct of the same Hundred, shall answer for the Robberies done; and if the Robbery chance to be done in the Division of two Hundreds, in such case both Hundreds together, with the Franchises shall answer it; and after that the Felony or Robbery is done, the Country shall have no longer space than forty days, within which it shall behoove them to agree for the Robbery and Trespass, or else that they answer for the Bodies of the Offenders; and forasmuch as the King will not that his people shall be suddenly put in fear of this penalty, which seemeth very hard to many, the King granteth that they shall not incur it immediately but it shall be respited until the Easter following, etc.   

Claus. Anno 21 Ed. 1. in 4. Dorso.  
Proclamatio sive Breve direct ’ Vic ’. De quibusdam Articulis Statuti proclamand ’ & publicandis, etc.  
REX Vic ’ Eb●… ’ s ’ Cum ad majorem tranquilitatem p●●is nostrae tenend ’ & depredatorum ac ali●rum malefactorum malitiam reprimendam quosdam articulos ea occasione per totum Reg●…um nostru●… Statu●●imus observera, inter quot ordin●vimus & mandavimus per singul●e Comitatus infra idem Reg●um quod statim post Robberias & Polonias fact as fieret recens secta de Villa in Villam & de Patria in Patrium. Et similiter Inquisitiones fierent si necesse esset in Villis, Hundredis, Libertatibus, Comitatibus & aliquando in duobus, tribus vel quatuor Comitatibus in casibus cum Feloniae factae fuissent in Marchia Comitatuum: Ita quod Malefactores deprehendi possent. Et si Patria de Corporibus hujusmodi alefactorum non responderet, homines in Patria Commorantes de Robberiis factis & damnis responderent, ac jam ex plurium insinuatione acceperimus quod post Statutum & Mandatum praedictum Homicidia, Robberiae, Incendia & aliae Trangressiones diversae in Regno nostro in defectum articulorum praedictorum, minus plene observatorum de die in diem plus solite perpetrantur. Nos hujusmodi damnis & periculis obviare volentes, mittimus vobis Statutum illud per nos editum sub sigillo nostro Praecipientes & sub gravi forisfactura nostra firmiter injungentes quod omni dilatione praepositae Statutum praedictum in pleno Comitatu tuo in singulis Hundredis, Civitatibus, Burgis, Feriis, Mercatis, & aliis locis solemnibus, quibus omnibus & singulis de Com ’ prad ’ inde major & celerior notitia & evidentia fieri poterit publicé lege clamari & firmiter teneri facias & omnibus & singulis contentis in eodem. Et pro certo scias & universis & singulis de Ballivae tua ex parte nostra scire facias, quod exnunc conditiones & poenas in dicto Statuto contentas de caetero volumus & praecipimus firmiter teneri & inviolabiliter observari. Et istud mandatum ita celeriter & diligenter exequaris quod ad te & tua tanquam ad mandatorum nostrorum contemptorem graviter capere non debeamus. Teste meipso apud Westm ’ xviij. die Novembris.  
Eodem modo mandatum est singulis Vic ’ per totam Angliam per diversa Mandata sub tenore istius Literae praecedentis de verbo ad verbum, Teste at supra.   

The Statute of 28 Ed. 3. Cap. 11.  
BEcause that great Clamour and grievous Complaints be made as well by Aliens as by Denisens', the Merchants and others passing through the Realm of England with their Merchandizes and other goods, be slain and rob, and namely now more than they were wont, whereof remedy hath not been made to the Complainants; our Sovereign Lord the King considering the profit which may come to the said Realm, by coming and abiding of Merchant's Aliens in the same Realm, and the damage and mischief which to them and other is done daily by such Manslaughters and Robberies, and willing to provide for the surety and indemnity of Merchants and others aforesaid, Hath ordained and established, by the assent of all his Parliament, to the intent that Merchants Aliens shall have the greater will and courage to come into the said Realm of England, and that remedy from henceforth be speedily made to such Merchants and others rob, according to the form contained in the Statute late made at Winchester, that is to say, that solemn Cry be made in all Counties, Hundreds and Markets, Fairs and all other places where solemn assembly of the people shall be, so that none by ignorance shall excuse him, that every Country from henceforth be so kept, that immediately after Felonies and Robberies done fresh suit be made from Town to Town, and from Country to Country, and Inquests, if need be, shall be also taken in the Towns by him which it Sovereign of the Town, and after in Hundreds, Franchises, and in the County, and sometime in two, three or four Counties, in case when Felonies shall be done in the Marches of the Counties, so that the Offenders may be attainted; and if the Country doth not answer of such manner of Offenders, the pain shall be such, that every Country, that is to say, the people dwelling in the Country, shall answer of the Robberies done, and of the damages, so that all the Hundred where the Robbery shall be done, with the Franchises which be within the precinct of the same Hundred, shall answer of the Robbery done; and if the Robbery be done in the Devises of two Hundreds, both Hundreds shall answer, together with the Franchises; and longer term shall not the Country have after the Robbery or Felony done than forty days, within which them behooveth to make gree of the Robbery or of the Offence, or that they answer of the Bodies of the Offenders.   

The Statute of 27 Eliz. Chap. 11.  
Of Hue and Cry.  
WHereas by two ancient Statutes, the one made in the Parliament holden at Winchester, in the thirteenth year of the reign of King Edward the First, and the other in the eight and twentieth year of the reign of King Edward the Third, it was, for the better suppressing of Robberies and Felonies (amongst other things) enacted to this effect, That if the Country do not answer for the bodies of such Malefactors, that then the pain should be such, that is to wit, That the people dwelling in the Country, shall be answerable for the Robberies done, and the damages: so that the whole Hundred where the Robbery shall be done, with the Franchises which are within the precinct of the same Hundred, shall answer the Robberies done. And if the Robbery chance to be done in the division of two Hundreds, that then both the Hundreds together, with the Franchises within the precinct of them, shall be answerable, as in the said two several Statutes it doth more at large appear. Forasmuch as the said parts of the said several Statutes being of late days more commonly put in execution than heretofore they have been, are found by experience to be very hard and extreme to many of the Queen's Majesties good Subjects, because by the same Statutes they do remain charged with the penalties therein contained, notwithstanding their unability to satisfy the same, and though they do as much as in reason might be required in pursuing such Malefactors and Offenders, whereby both large scope of negligence is given to the Inhabitants and Resiants in other Hundreds and Counties, not to prosecute the Hue and Cry made, followed and brought unto them, by reason they are not chargeable for any portion of the goods rob, nor with any damages in that behalf given, and also great encouragement and imboldening is likewise given unto the Offenders to commit daily more Felonies and Robberies, as seeing it in manner impossible for the Inhabitants and Resiants of the said Hundred and Franchises wherein the Robbery is committed, to apprehend them without the aid of the other Hundreds and Counties adjoining, and for that also that the party rob having remedy by the aforesaid Statutes, for the recovering of his goods rob, and damages against the Inhabitants and resiants of the Hundred wherein the Robbery was committed, is many times negligent and careless in prosecuting and pursuing the said Malefactors and Offenders: Our Sovereign Lady the Queen's Majesty, not willing therefore that her people should be impoverished by any such pain or penalty, which should be hard or grievous to them, and have special regard to abate the power of Felons, and to repress Felonies, doth for remedy hereof, with the consent of the Lords Spiritual and Temporal, and of the Commons of this present Parliament assembled, and by the authority of the same Parliament establish and enact, That the Inhabitants and Resiants of every or any such Hundred, 
Hundred.  (with the Franchises within the precinct thereof) wherein negligence, fault or defect of pursuit, and fresh suit, 
Fresh suit. Hue and Cry.  after Hue and Cry made, shall happen to be, from and after forty days next after the end of this present Session of Parliament, 
Moiety.  shall answer and satisfy the one moiety or half of all and every such sum and sums of money and damages, as shall by force or virtue of the said Statutes or either of them be recovered or had, against or of the said Hundred, with the Franchises therein, in which any Robbery or Felony shall at any time hereafter be committed or done. And that the same moiety shall and may be recovered by Action of Debt, Bill, Plaint or Information, in any of the Queen's Majesty's Courts of Record at Westminster, by and in the name of the Clerk of the Peace for the time being, 
Clerk of the Peace.  of or in any such County within this Realm, where any such Robbery and recovery by the party or parties rob shall be, without naming the Christian name or Surname of the said Clerk of the Peace, which moiety so recovered, shall be to the only use and behoof of the Inhabitants of the said Hundred, where any such Robbery or Felony shall be committed or done. And be it further enacted by the authority aforesaid, That if any Clerk of the Peace, of or in any County within this Realm shall at any time hereafter commence or prefer any such Suit, Action, or Information, and shall after the same so sued, commenced, or preferred, happen to die, or to be removed out of his Office, before recovery and execution had: That yet no such Action; Suit, Bill, Plaint or Information, sued, commenced, or preferred, shall by such displacing or death, be abated, discontinued or ended, but that it shall and may be lawful to and for the Clerk of the Peace next succeeding in the said County, to prosecute, pursue and follow all and every such Action, Bill, Plaint, Suit and Information, for the causes aforesaid, so hanging and depending in such manner and form, and to all intents and purposes, as that Clerk of Peace might have done which first commenced or preferred the said Suit, Bill, Plaint or Information. And although the whole Hundred where such Robberies and Felonies are committed, with the Liberties within the precinct thereof, are by the two former Statutes charged with the answering to the party rob his damages: yet nevertheless the recovery and execution, by and for the party and parties rob, is had against one, or a very few persons of the said Inhabitants, and he and they so charged, have not heretofore by Law had any mean or way to have any contribution of or from the residue of the said Hundred, 
Contribution.  where the said Robbery is committed, to the great impoverishing of them against whom such recovery or execution is had. For remedy whereof, be it enacted by the authority aforesaid, That after execution of damages by the party or parties so rob had, it shall and may be lawful (upon complaint made by the party or parties so charged) to and for two Justices of the Peace, 
Just. of P.  (whereof one to be of the Quorum) of the same County, inhabiting within the said Hundred, or near unto the same, where any such execution shall be had, to assess and tax ratably and proportionably, 
Tax.  according to their discretions, all and every the Towns, Parishes, Villages and Hamlets, as well of the said Hundred where any such Robbery shall be committed, as of the Liberties within the said Hundred, to and towards an equal contribution to be had and made for the relief of the said Inhabitant or Inhabitants, against whom the party or parties rob before that time had his or their execution: And that after such taxation made, the Constables, 
Constables. Headboroughs.  Constable, Headboroughs or Headborough of every such Town, Parish, Village and Hamlet, shall by virtue of this present act, have full power and authority within their several limits, ratably and proportionably to tax and assess according to their abilities, 
Tax.  every Inhabitant and dweller in every such Town, Parish, Village and Hamlet, for and towards the payment of such taxation and assessment as shall be so made, upon every such Town, Parish, Village and Hamlet as aforesaid, by the said Justices: and that if any Inhabitant of any such Town, Parish, Village or Hamlet, shall obstinately refuse and deny to pay the said taxation and assessment, 
Refuse.  so by the said Constables, Constable, Headboroughs or Headborough taxed and assessed, that then it shall and may be lawful to and for the said Constables and Headboroughs, and every of them within their several limits and jurisdictions, 
Distrein.  to distrein all and every such person and persons so refusing and denying by his and their goods and chattels, and the same distress to sell, and the money thereof coming to retain to the use aforesaid. And if the goods and chattels so distreined and sold, shall be of more value than the said taxation shall come unto, that then the residue of the said money over and above the said taxation shall be delivered unto the said person and persons so distreined. And be it further enacted, that all and every the said Constables and Headboroughs, 
Constables. Headboroughs.  after that they have within their several limits and jurisdictions levied and collected their said rates and sums of money so taxed, shall within ten days after such collection pay and deliver the same over unto the said Justices of Peace, or one of them, to the use and behoof of the said Inhabitant or Inhabitants, for whom such rate, taxation and assessment shall be had or made as aforesaid: which money so paid, shall by the Justices or Justice so receiving the same, be delivered over (upon request made) unto the said Inhabitant or Inhabitants, to whose use the same was collected. And be it further enacted by the authority aforesaid, that the like taxation, assessment, levying by distress and payment as aforesaid, shall be had and done within every Hundred where default or negligence of pursuit and fresh fuit shall be, 
Hundreds.  for and to the benefit of all and every Inhabitant and Inhabitants of the same Hundred, where such default shall be, that shall at any time hereafter by virtue of this present Act, have any damages or money levied of them, for or to the payment of the one moiety or half of the money recovered against the said Hundred, where any Robbery shall be hereafter committed. Provided, also, and be it further enacted by the authority aforesaid, that where any Robbery is, 
Robbery.  or shall be hereafter committed by two, or a greater number of Malefactors, and that it happen any one of the said Offenders to be apprehended by pursuit to be made according to the said former mentioned Laws and Statutes, 
Offenden taken.  or according to this present Act, that then and in such case, no Hundred or Franchise shall in any wise incur, or fall into the penalty, loss or forfeiture mentioned either in this present Act, or in the said former Statutes, although the residue of the said Malefactors shall happen to escape, and not to be apprehended: any thing in this Statute, or in the said former Statute to the contrary notwithstanding. Provided also, that no person or persons hereafter rob shall take any benefit by virtue of any the said former Statutes, to charge any Hundred where any such Robbery shall be committed, except he or they so rob, shall commence his or their Suit or Action within one year next after such Robbery so to be committed. 
One year.  And be it further enacted by the authority aforesaid, that no Hue or Cry, or pursuit hereafter to be done or made by the Country or Inhabitants of any Hundred, shall be allowed and taken to be a lawful Hue and Cry, or pursuit, upon or after any the said Felons or Offenders, except the same Hue and Cry and pursuit be done and made by Horsemen and Footment, 
Horsemen. and Footmen.  any usage or custom to the contrary notwithstanding. And be it further also enacted by the authority of this present Parliament, that no person or persons that shall hereafter happen to be rob, shall have or maintain any Action, or take any benefit by virtue of the said two mentioned Statutes, or either of them, except the said person and persons so rob, shall with as much convenient speed as may be, give notice and intelligence of the said Felony or Robbery so committed, unto some of the Inhabitants of some Town, Village or Hamlet near unto the place where any such Robbery shall be committed, nor shall bring or have any Action, upon or by virtue of any the Statutes aforesaid, except he or they shall first within twenty days next before such Action to be brought, be examined upon his or their corporal Oath, 
Oath.  to be taken before some one Justice of the Peace of the County, where the Robbery was committed, inhabiting within the said Hundred where the Robbery was committed, or near unto the same, whether he or they do know the parties that committed the said Robbery, or any of them. And if upon such examination it be confessed that he or they do know the parties that committed the said Robbery, or any of them, that then he or they so confessing shall before the said Action be commenced or brought, enter into sufficient bond by Recognisance before the said Justice, 
Recognisance.  before whom the said examination is had, effectually to prosecute the same person and persons so known to have committed the said Robbery, by Indictment or otherwise, according to the due course of the Laws of this Realm. Anno 27 Eliz cap. 13.    

Judicial proceed on the Statute of Hue and Cry, or choice Precedents in all cases therein from the Original to Execution.  

Breve originale super Statut ’ de Hutes ’ & Clam ’.  
CArolus Secundus, Dei gratia, Angliae, Scotiae, Franciae & Hiberniae Rex, Fidei defensor, etc. Vic ’ D. salutem,  
si A. B. nuper de C. in Com ’ tuo gen ’ fec ’ te secur ’ de Clam ’ suo pros ’ tunc Pone per vad ’ & salvos pleg ’ Homines Inhabitan ’ in Hundred ’ de O. in Com ’ tuo quòd sint coram, etc. (tali Retorn ’) ostens ’ quare cum in Statuto in Parliamento Domini Edwardi nuper Regis Angliae primi apud Winton ’ anno regni sui tertiodecimo tent ’ edit ’ (inter caetera) ordinat ’ sit pro eo quòd de die in diem Roberiae, Homicidia & Incendia plus solito tunc fiebant quàm antea solebant & Felones non potuissent esse attinct ’ per sacrm ’ Jur ’ qui magis voluntarie permittebant Felonias fieri de gentibus extraneis, & Felones evadere absque poena quàm Malefactores indictari, unde magna pars fuerunt gentes de eadem Patria, vel adminus si Malefactores fuerunt de alia Patria eorum Receptores fuerunt de Visneto ubi hujusmodi malefacta fiebant. Et hoc faciebant pro eo quod sacrm ’ eisdem Juratoribus non ministrabantur nec in Patria ubi Feloniae illae fiebant & quoad restitutionem damnorum poena antetunc non fuit provis ’ pro concelamento & negligentia fuis. Idem nuper Rex ad debilitand ’ posse Felonum stabilivit poenam in illo casu. Ita quòd pro timore poenae plusquam pro pavore Sacramenti nullis extunc parcerent nec aliquas Felonias concelarent. Et mandavit quòd Proclamatio solemniter fieret in omnibus Com ’ Hundred ’ Mercat ’ Feriis & omnibus aliis locis ubi solemnis assemblaiio gentium foret sic quod nullus pro ignorantia se possit excusare. Et quod quaelibet Patria extunc sic possit custodiri quod immediate post Roberias & Felonias factas recens insecutio fieret de Villa in Villam & de Patria in Patriam ac etiam Inquisitiones fierent 〈◊〉 necesse foret in Villis per ipsum qui superior esset de Villa. Et postea in Hundred ’ Franches ’ & in Com ’. Et aliquando in duobus, tribus vel quatuor Com ’ in casu quando Feloniae fact ’ fuer ’ in Marchiis Com ’ ita quod Malefactores potuissent esse attinct ’. Et si Patria de hujusmodi Malefactoribus non responderet poena talis esset quod quaelibet Patria scilicet homines in Patria commorantes responderent de Roberiis factis & damnis sic quod totum Hundredum ubi Roberia illa facta foret cum Franches ’ quae essent infra praecinct ’ ejusdem Hundred ’ responderent de Roberiis, factis. Et si Roberia illa facta foret in divisis duorum Hundred ’ responderent inde duo Hundred ’ cum Franches ’. Et longiorem terminum non haberet Patria post Roberiam & Felonias factas quam quadraginta dies infra quos faceret emendas de Roberia & malefactis vel responderet de corporibus Malefactorum prout in Statuto plenius continetur. Ac cum quidam Malefactores praefat ’ A. B. ignoti in quodam loco ibidem vocat. B. infra Hundred ’ de O. in Com ’ tuo vi & armis, etc. in ipsum A. B. insultum fecer ’ & 20li. in pecuniis numeratis de denariis ipsius A. B. propriis ibidem invent ’ de codem A. B. Felonice perceperunt, spoliaverunt & asportaverunt contra pacem nostram. Idemque A. B. immediate post Feloniam, Roberiam & spoliationem praed ’ fact ’ apud B. praed ’ infra Hundred ’ de O. praed ’ Hutes ’ & Clam ’ de Roberia & Felonia praed ’ fecit & adtunc notitiam ibidem Inhabitan ’ ejusdem Villae de O. praed ’ de Roberia & Felonia praed ’ fact ’ dedit. Et post Roberiam & Feloniam ill ’ ac infra 20 dies ante diem impetrationis brevis original ’ praed ’. Idem A. B. coram E. F. Are ’ tunc uno Justic ’ nostrorum ad pacem in praed ’ Com ’ D. conservand ’ assign ’ inhabitan ’ apud L. prope praed ’ Hundred ’ de O. praed. in Com ’ tuo examinat ’ fuit super sacrm ’ suum corporale juxta formam Statuti apud Westm ’ anno regni Dominae Elizabethae nuper Reginae Angliae vicesimo septimo inde edit ’ & provis ’. Idemque A. B. super sacrm ’ suum praed ’ tunc dixit quod ipse non cognovit partes quae Roberiam illam fecissent nec earum aliquam. Et post Roberiam illam factam quadraginta dies jam praterierunt. jidem tamen homines inhabitantes in Hundred ’ praed ’ Emendas de Roberia praed ’ praefat ’ A. B. hucusque non fecerunt nec corpora Felonum & Malefactorum praed ’ nec corpus eorum alicujus ceperunt nec de corporibus eorum seu de corpore eorum alicujus hucusque responderunt sed Malefactores & Felones ill ’ evadere permiserunt in nostri contemptum & ipsius A. B. grave damnum & contra formam Statuti praedicti de anno tertiodecimo supradicto. Et habeas ibi nomina Pleg ’  
& hoc breve Teste meipso apud Westm ’, etc. Plegii de pros ’ 

J. Doo  
R. Roose   Sum ’ infra nominat ’ Inhabitan ’ in Hundred ’ de O. in Com ’ infrascript. 
Retorn ’ inde.   
G. H. Are ’ Vic ’.   

Narr ’ inde.  
Devon ’ ss.  
HOmines inhabitants in Hundredo de O. in Come ’ praedicto attach ’ fuer ’ ad respondend ’ A. B. gen ’ de p’lito quare cum in Statuto in Parliamento, etc. (ut supra usque) vel responderet de corporibus Malefactorum prout in Statuto praedicto plenius continetur: as cum quidam Malefactores praefato A. ignoti apud O. in Come ’ praedicto in quodam loco ibidem vocat ’ B. (ut supra usque) & contra formam Statuti praedicti, etc. Et unde idem A. per G. F. Attorn ’ suum queritur quod cum quidam Malefactores videlicet quatuor Homines eidem A. ignot ’ 19 die J. anno Regni dict ’ Domini Regis nunc 33 apud O. in Come ’ praedicto in quodam loco ibidem vocat ’ B. etc. (ut supra usque) Et post Roberiam & Feloniam ill ’ fact ’ & infra 20 dies prox ’ ant diem impetrationis brevis originalis praedicti A. scilicet 20 die J. anno Regni Domini Regis nune 33 praedictus A. coram praedicto E. F. Ar. tunc uno Justice ’, etc. (ut supra usque) Et post Roberiam illam fact ’ & ante diem impetrationis brevis originalis praedicti A. 40 dies jam scilicet die impetrationis brevis originalis ipsius A. praeterierunt, etc. (ut supra usque) contra formam Statuti praedicti, unde dic ’ quod deteriorat ’ est & damnum habet ad valenc ’, etc. Et inde produc ’ sectam, etc.  

Aliter in divisis Hundredorum.  ss. HOmines inhabitan ’ infra Hundred ’ de A. & B. in Com ’ praedicto attach ’ fuer ’ ad respondend ’ tam Domino Regi nunc quàm C. D. gen ’ de p’lito quare cum in Statuto (ut in Or ’ usque) ac cum quidam Malefactores praefat ’ C. ignot ’ in Regia via infra parochiam de B. in Com ’ praedicto (quae quidem Regia via est in divisis Hundredorum) vi & armis (ut in Or ’ usque) Idemque C. immediate post Feloniam, etc. fact ’ apud Villam de H. in praedicto come ’ M. (quae quidem Villa de H. est prope praedictum locum ubi Roberia praedicta sic ut praefertur facta fuit) Hutes ’ & Clam ’ de Roberia & Felonia praed ’ fecit. Et adtunc & ibidem notitiam inhabitantibus ejusdem Villae de H. de Roberia & Felonia illis dedit, etc. (ut in Or ’.)   

Barr ’ sur Statut ’ de Hutes ’ & Clam ’.  

Non cull. ove challenge de Hundred ’.  
ss. ET praedicti homines inhabitan ’ in Hundredo praedicto per A. B. Attorn ’ suum ven ’ & defend ’ vim & injur ’ & omnem contemptum. Et quicquid, etc. Et dic ’ quod ipsi in nullo sunt culpabiles de premissis superius eye impoit ’ contra formam Statuti praedicti prout praedictus quer ’ superius versus eos queritur. Et de hoc 'pon ’ se super Patriam & praedictus quer ’ similiter. Et super hoc idem quer ’ dic ’ quod praed ’ homines inhabitan ’ in praedicto Hundredo de W. ubi Roberia illa facta fuit sunt partes defendentes versus quos idem quer ’ in forma praedicta queritur. Et ea de causa pet ’ breve Domini Regis Vic ’ Come ’ praed ’ dirigend ’ de venire faciend ’ hic duodecim, etc. de Visn ’ Hundredi de O. praed ’ in Come ’ praed ’ (quod quidem Hundredum de O. est prox ’ Hundredum in eodem Come ’ predict ’ Hundredo de W. prox ’ adjacen ’) ad triand ’ exitum praedictum superius in forma praedicta junct ’. Et quia homines inhabitan ’ in praedicto Hundredo de W. hoc non dedic ’ ei conceditur, etc. 
Verdict & Judgement pur le pl’t.  Ideo precept ’ est Vic ’ quod venire fac ’ hic in Crastino sanctae Trin ’ de Visn ’ de praedicto Hundr ’ de O. duodecim, etc. per quos, etc. Et qui nec, etc. ad recogn ’, etc. quia tam, etc.   

Barr ’ per nul Huy & Cry fait.  
ss. ET praedicti inhabitantes per A. B. attorn ’ suum ven ’ & defend ’ vim & injur ’ & omnem contemptum. Et quicquid, etc. Et dic ’ quod praedictus quer ’, etc. Quia protestando quod praedictus quer ’ non spoliatus fuit Protestandoque etiam quod praedictus quer ’ per spoliationem praedictam non perdidit aliqua bona sive catalla vel pecuniarum summas prout praedictus quer ’ superius allegavit. Pro placito iidem inhabitan ’ dicunt quod praedictus quer ’ immediate post Feloniam, Roberiam & spoliationem praedictas superius fieri supposit ’ apud A. praedict ’ non fecit Hutesiam & Clamorem de Roberia praedicta secundum formam Statuti praedicti prout ipse superius allegavit. Et hoc parati sunt verificare unde petunt Judicium si praedictus quer ’ actionem suam praedictam versus eos habere debeat, etc.   

Non inform ’ sur Star. de Huy & Cry, ove Judgment puis brief de Inquiry.  
ss. ET praedicti homines inhabitantes in Hundredo praedicto per C. D. attorn ’ suum ven ’ & defend ’ vim & injur ’ quando, etc. Et quic-quid, etc. Et idem attorn ’ dic ’ quod ipse non est inform ’ per eosdem homines inhabitan ’ in Hundredo praedicto de aliquo Respons ’ pro eisdem hominibus inhabitan ’ in Hundredo praedicto praefat ’ quer ’ in loquela praedicta dand ’. Et nihil aliud inde dic ’ per quod idem quer ’ reman ’ versas praefat ’ homines inhabitan ’ in Hundredo praedicto inde indefens ’ ob quod praedictus quer ’ damna sua occasione praemissa versus praefat ’ homines inhabitan ’ in Hundredo praedicto recuperare debeat, sed quia nescitur quae damna idem quer ’ sustinuit occasione illa praeceptum est Vic ’ quod per Sacramentum proborum & legalium hominum de Com ’ praedicto diligenter inquirat quae damna idem quer ’ sustinuit tam occasione praemissa quàm pro mis ’ & custagiis suis per ipsum circa sectam suam in hac parte apposit ’. Et Inquisitionem quam, etc. Vic ’ constare fac ’ hic à die Pasche in quindecim dies sub sigillo, etc. Et sigillis, etc. Et Vic ’ videlicet A. B. Are ’ modo mand ’ hic quandam Inquisitionem coram eo apud Brentford in Com ’ praedicto (tali die & Mense) ult ’ praeterit ’ per sacrm ’ duodecim, etc. virtute brevis praedicti capt ’ per quam compert ’ existit quod praedictus quer ’ sustinuit damna occasione praemissa ultra mis ’ & custagia sua per ipsum circa sectam suam in hac parte apposit ’ ad triginta libras. Et pro mis ’ & custagiis illis ad decem solid ’. Ideo cons ’ est quod praedictus quer ’ recuperet versus praefat ’ homines inhabitan ’ in Hundredo praedicto damna sua praedicta ad triginta libras & decem solidos per Inquisitionem praedictam in forma praedicta compert ’ necnon duodecim libras eidem quer ’ ad requisitionem suam pro misis & custagiis suis praedictis per Cur ’ hic de inc’ro adjudicat ’. Que quidem damna in toto se attingunt ad quadraginta duas libras & decem denar ’. Et praedicti homines inhabitan ’ in Hundredo praedicto in mia ’, etc.   

Judgement sur Statute de Hue & Cry puis Verdict.  
ss. I Deo cons ’ est quod praedictus quer ’ recuperet versus praefat ’ homines inhabitan ’ in Hundredo praedicto damna sua praedicta ad, etc. per Jur ’ praedictos in forma praedicta assess ’ necnon, etc. eidem quer ’ qui tam, etc. ad requisitionem suam pro mis ’ & custagiis suis praedictis per Cur ’ hic de inc’ro adjudicat ’. Que quidem damna in toto se attingunt ad, etc. Et praedicti homines inhabitan ’ in mia ’, etc.    

Venire Facias upon the Statute of Hue and Cry.  

Venus ’ Fac ’.  
ss. PRaecip ’ tibi quod Venus ’ Fac ’ coram, etc. duodecim liberos & legales homines de Visn ’ Hundred ’ de O. in Come ’ D. quorum quilibet habeat 4li. terr ’, etc. per quos, etc. Et qui nec A. B. qui tam pro nobis quam pro seipso sequit ’ quer ’ nec homines inhabitan ’ in Hundredo de O. in Come ’ D. aliqua affinitate attingunt ad faciend ’ quandam Jur ’ inter parts praed ’ de placito transgr ’ & contempt ’ contra formam Stat ’ de Hutes ’ & Clam ’ in hujusmodi casu inde nuper edit ’ & provis ’ quia tam iidem homines inhabitan ’ in Hundredo praed ’ quam nos & praed ’ R. inter quos inde contentio est posuer ’ se in jurat ’ illam. Et habeas ibi nomina Jur ’ & hoc breve T. etc.   

Distr ’ Jur ’.  
ss. PRaecip ’ tibi quod distr ’ homines inhabitan ’ in Hundred ’ de O. in Come ’ tuo per omnes, etc. ita quod habeas corpora eorum coram, etc. ad resp ’ tam nobis quam A. B. quare cum in Statuo in Parliamento Domini Edvardi nuper Regis Angliae, primi (ut in Or ’ usque) & contra formam Statuti de anno 13. praed ’. Et ad audiend ’ judicium suum de plur ’ default ’. Et habeat, etc.  

return ’.  Manucapt ’ infra nominat ’ hominum inhabitan ’ in Hundred ’ de O. infrascript ’  


J. Do  
R. Roose  
Exit ’ xli.   E. H. Are ’ Vic ’.   

Inquir ’ de days in Transgr. & contempt ’ sur Stat ’ de Hutes ’ & Clam ’.  
SAlutem.  
Cum homines inhabitan ’ in Hundred ’ de O. in Come ’ tuo attach ’ essent essend ’ in Cur ’ nostra coram, etc. ad respondend ’ tam nob ’ quam R. B. de placito quare cum in Statuto in Parliamento Domini Edvardi, etc. Et contra formam Statuti praed ’ de anno 13. praed ’ Taliterque in Cur ’ nostra coram, etc. process ’ est quoth praed ’ R. damna sua occasione praemissa versus praefat ’ homines inhabitan ’ infra praed ’ Hundred ’ de O. recuperare debeat. Et quia Cur ’ nostra incognit ’ existit que damna praed ’ R. tam occasione praemiss ’ quam pro mis ’ & custagiis suis per ipsum circa sectam suam in hac parte apposite ’ sustinuit tibi praecipimus quod per sacr’m proborum & legalium hominum de balliva tua diligent ’ inquiras quae damna praed ’ R. tam occasione praemiss ’ quam pro mis ’ & custagiis suis praed ’ sustinuit. Et Inquisitionem ill ’ sic per te distinct & aperte captain ’ Nob ’ sub sigillo tuo & sigillis eorum per quorum sacr’m Inquisition ’ illam feceris in (tali return ’) ubicunque tunc fuerimus in Anglia mittas una cum hoc brevi Teste, etc.     

The Oath to be taken before a Justice of the Peace by the person or persons who were rob whereupon the party rob may ground his Action, according to the Statute of 27 Eliz.  
The 20th day of January, 1681.  
Mid ’ THE day and year abovesaid A. B. of C. in the County of D. Gent. came before E. F. Esq one of his Majesty's Justices of the Peace in the said County of D. and made Oath, That Monday morning, being the 19th day of this instant January, about 8 of the Clock, the said A. B. and one L. M. of London, Merchant, came from B. where they lay the night before at the Sign of the King's Head there, and dined at C. at the Queen's Head there, and about two of the Clock went from thence towards D. and about five or six miles off from the Town, there overtook them in the Highway, between a place called Johnson’s' Oak and the Park Wall of L. T. Esq four Horsemen, one whereof, etc. (describing them by their Persons, Habits and Horses) which said four Horsemen set upon this Examinant and rob him, taking from him by force the Sum of, etc. and the said A. B. being examined whether he knoweth the said parties or any of them which so rob him, he saith and deposeth that he doth not know them or any of them.  
A. B.  
Jurat ’ die & anno supradict ’  
coram me E. F.   
FINIS.   

A Catalogue of Books sold by Langley Curtis, at the Sign of Sir Edmundbury Godfrey's Head in Goat Court on Ludgate-Hill.  

THE History of the Damnable Popish Plot. Written by the Author of The weekly Packet of Advice from Rome.  
The Life and Reign of King Richard the Second. By a Person of Quality.  
Popery; or, The Principles and Positions approved by the Church of Rome (when really believed and practised) are very dangerous to all, and to Protestant Kings more especially, and inconsistent with Loyalty. By T. Lord Bishop of Lincoln.  
Supplications of Protestants, containing the Life of Sir Edmundbury Godfrey, with Private and Family Devotions; also Prayers against Popery, with Thanksgivings and Graces. By Henry Godfrey, M. A.  
A Compendious Treatise of Recoveries upon Writs of Entry in the Post, and Fines upon Writs of Covenant, with ample instructions how to draw, acknowledge and levy the same in all Cases.  
The Astrological Judgement and Practice of Physic, deduced from the Position of the Heavens at the Decumbiture of the Sick Person, showing by an universal Method, not only the Cause, but the Cure and End of all manner of Diseases incident to humane Bodies: being the thirty years' Practice and Experience of Richard Saunders, Student in Astrology and Physic.  
England's remarks, giving an exact account of the several Shires, Counties and Islands in England and Wales, how Bounded, their Length, Breadth and Circumference; the temperature of the Air, and fertility or barrenness of Soil; the Commodities they afford; the Dioceses, Parishes, Parliament Men, Hundreds and Markets; and whatever else is remarkable throughout the whole Kingdom.  
The Protestant School, or Forms of Prayer, Psalms, Lessons, Thanksgivings and Graces, for the bringing up and well-grounding Children and elder Persons in the Protestant Religion. By Bishop Usher. Also a Catalogue of all English Words, from one to eight Syllables, divided and not divided, teaching the readiest way to Spell, Reade and Writ true English. To which is added, an Historical Account of several Plots and remarkable Passages, lively represented in Copper Plates. By Moses Lane, Schoolmaster in London.  
An Alarm for Sinners; or the Confession, Prayers, Letters and last words of Mr. Foulkes, late Minister of Stanton-Lacy.  
The Character of an Ill-Court-Favourite, representing the Michiefs that flow from Ministers of State when they are more great than good. Translated out of French.  
Mr. Turbulent; or, the melancholics: a Comedy, as it was acted at the Duke's Theatre.  
The Medal Reversed; a satire against Persecution. By the Author of Azaria and Hushai.  
Azaria and Hushai; a Poem.  
The Clerk's Manual; or, an exact Collection of the most approved Forms of Declarations, Pleas, general Issues, Judgements, Demurrers, and most kind of Writs now used in the Court of King's Bench, with necessary instructions to all Clerks, Attorneys, solicitors, etc. in the use of the same.  
The plain Englishman's Historian, or, a Compendious Chronicle of England, from its first being inhabited to this present year, 1679. But more especially containing the chief remarks of all our Kings and Queens since the Conquest, their Lives and Reigns, Policies, Wars, Laws, Successes and Troubles: With the most notable Accidents, as Dearths, Tempests, Monstrous Births, and other Prodigies that happened in each of their times respectively.  
A Synopsis of Heraldry; or, The most plain, short and easy way for the perfect attaining of that Art, containing all necessary directions in order thereunto: There being about 300 Coats of Arms, and about 50 Crests engraven upon Copper Plates; and the Achievements of the Kings of England since King Egbert of the Saxon Race. The Paternal Coats of the Nobility of England [with a List of the Knights of the Garter] The Arms of the Archiepiscopal and Episcopal Sees, and of the two Universities, and the several Colleges in them; and of the Inns of Court, and other Houses of Law in London; with some hundreds of gentlemen's Coats, all truly Blazoned. To which is added an Alphabetical Table for the ready finding any name whose Coat is herein Blazoned.   
THE END.