De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.

Of hue and crie and recognisaunce taking vppon them that may giue euidence. CHAP. 20.

BY the olde lawe of Englande if any theft, or robbe∣rie be doone, if he that is robbed, or he that séeth or perceiueth that any man is robbed doe leuie hue & crie, that is to say, doe call and crie for aide, and say that a theft or robberie is doone contrarie to the Princes peace and assurance: The Constable of the village to whom he doth come, and so make that crie, ought to raise the parish to aide him and séeke the théefe, and if the théefe be not founde in that parish, to go to the next and raise that Constable, and so still by the Constables and them of the parish one after an other. This hue and crie from parish to parish is caried, till the théefe or robber be founde. That parish which doeth not his dutie, but letteth by their negligence the théefe to de∣part, doth not onely paie a fine to the king, but must repaie to the partie robbed his dammages. So that e∣uerie English man is a sergiant to take the théefe, and who sheweth himselfe negligent therein, doth not only incurre euill opinion therefore, but hardly shall escape

punishment: what is doone with the théefe or robber when he is taken, I shall shewe you heereafter. The same manner is followed if anie man bee slaine, for streight the murtherer is pursued of euerie man till he be taken. So soone as any is brought to the Iustices of peace by this hue or crie, by the Constable or anie o∣ther who doth pursue the malefactor, he doeth examine the malefactor, and writeth the examinations and his confession: then he doth binde the partie that is robbed or him that sueth, and the Constable, and so manie as can giue euidence against the malefactor to be at the next sessions of gaole deliuerie to giue their euidence for the Quéene. He bindeth them in recognisance of xl. xxl. xxxl. xll. or C. l. according to his discretion, and the qualitie of the crime: which certified vnder his hande, is leuied vpon the recognizance if they faile of being there.