A Robbery was done in Ianuary after the Sun∣setting, during twilight, and it was adjudged that the Hundred should answer for it, because it was convenient time for men to travell, or be about their works or businesses, and with this accords the Book in 3. Edw. 3. tit coronne 293. that if one kill another at the hour of the Evening and escape, by the Common Law the Town shall be amerced, for this is counted in the Law part▪ of the day.
A man in time of Divine service upon the Sab∣bath Day was rob'd, Mountague Chief Justice was of opinion that the Hundred should not be charg'd, but Doderidge, Sir Iohn Crook, and Hawtain Justi∣ces, were of contrary opinion, that the Hundred should be charged, and so it was adjudged termi∣no Michaelis.
Although the thing so taken be not to the value but of a penny, yet it is felony for which the offender shall suffer death, and shall not have the benefit of his Clergy, not so much for the value of the goods taken, as for terrifying the party robbed, a putting him in dread and fear of his life.
He that robbeth any dwelling house, or out∣house belonging to it in the day time, of the va∣lue of 5 s. whether it be money, goods or ca••tels shall not have his Clergy.
If a Bailiff of a Mannor, or a receiver, or a Factor of a Merchant, or the like accountant be robbed, he shall be discharged thereof upon his account. But otherwise it is of a Carrier, for he hath his Hire, and thereby implicitely underta∣keth the safe delivery of the goods delivered to him, and therefore he shall answer the value of them if he be robbed of them. So if goods be de∣livered to a man to be safely kept, and after those