An abridgment of the lawes of England, touching treasons, rebellious murthers, conspiracies, burning of houses, poysonings, and other capital offences. WIth such readings thereon as show the several wayes whereby offenders in such cases may become guilty. / by John Bridall, Esq.

The Author hath written somewhat (tou∣ching the Satutes of Hue and Cry, for the better and more speedy appre∣hension of such as are guilty of Rob∣beries) which should have been placed before under the Title of Robbery; but it being by some inadvertence there o∣mitted, the Printer has thought it not much amiss to put it at the end of this Discourse, by way of Appendix. And thus the Author treats concerning the Statutes of Hue and Cry.

BY the Statutes of 13. E. 1. of Winton, c. 1.28. E. 3. c. 11; and 28.1. c. 17. * 1.1 the Country shall answer, if the Robbers be not taken.

By the Statute of 27. Eliz. c. 13. are en∣acted these particularities §. * 1.2

1. That the Inhabitants of a hundred shall be chargeable with the moyety, where a fresh Suit shall cease.

2. That the Clerk of the Peace shall prose∣cute the Suit: which Suit commenced, shall not cease upon the death, or remotion of the said Clerk of the Peace.

3. A Remedy for those, against whom the Recovery and Execution is had, to have Con∣tribution.

4. That there shall be no penalty, where any of the offenders be apprehended.

5. The Suit shall be commenced within one year next, after such perpetration, or Robbery, or else the Person, or Persons robbed, shall not take any benefit by vertue of any of the said former Laws or Statutes.

6. That the Party robbed must give notice and intelligence of the Robbery committed unto some of the Inhabitants of some Town, Village, or Hamlet near unto the place, where any such Robbery shall be committed.

7. That the Party robbed shall not have any Action, upon any of the Statutes afore∣said, except he shall first within twenty days next after such Action to be brought, be ex∣amined upon his Corporal Oath before some Justice of Peace of the County where the rob∣bery was committed, whether he doth know the Parties that committed the Robbery, or any of them; and then shall become bound to prosecute the offenders.

Having given a summary of these Statutes upon Hue and Cry, I shall present to the Rea∣der several Resolutions given at the Courts of Westminster, upon the Statute of Winchester, and the Stat. of 27. Eliz. The former, you must kow, gives penalty and Remedy, the latter shews how the Examination shall be, and in what time before the Action brought.

1. Resolves on the Stat. of Winton.

A Robbery for which the hundred must an∣swer by force of the Statute of Winton, * 1.3 is to be done openly; so as the Country may take notice thereof themselves: but a robbery done secretly in the House, the Country cannot take notice thereof, for every one may keep his house as strong as he will at his peril; for it was adjudged in Ashpoles Case, that the Par∣ty robbed needed not to give notice thereof to the Country; for it may be the Party rob∣bed was bound, or Maimed, &c. so as he could not make Hue and Cry to give notice.

A Robbery was done in January presently after the Sun-setting, during day light; * 1.4 and it was adjudged, that the hundred shall an∣swer for the same, for it was convenient time for Men to travel, or to be about their Bu∣siness.

A Robbery was done in the Morning, * 1.5 ante lucem, the hundred shall not be charged.

It was held by Anderson, and all the Ju∣stices that whereas the Stat. of Winchester speakes of Robberies done in the day, * 1.6 before night; yet if a Robbery be committed in the Morning before day, or in the Evening after the day, in any time of the night, in which Men use commonly to travel, that the hundred is answerable for it; but if it be 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 answerable for the Robbery.

The Jury found, * 1.7 that the Robbery was done post lucem ejusdem diei, & ante Solis ortum, An∣glice, After day-break, and before Sun-rising; and upon this the Court advised, and Judge∣ment was given for the Plaintiff, and a Presi∣dent shewn Pasch. 28. of Eliz. Rot. 130. where the Robbery was done post occasum So∣lis, & per diurnum lumen; Anglice, day light, and there adjudged for the Plaintiff.

If an house be robbed in the day; and the Felons escape, * 1.8 Hue and Cry being made, whe∣ther the hundred shall answer for that Rob∣bery, by the Stat. of Winton? Gawdy and Po∣pham conceived, that the hundred shall not be charged: For the Stat. of Winton extends only to Robberies done to the Person: And was principally made for safeguard of travel∣lors. But every one ought to keep his own house at his peril; for it is his Castle, and no other ought to meddle there: & therefore it is not reason, that any should be charged, if he be robbed there.

Robbery done on a Sunday shall be char∣geable to the Country. * 1.9

2. Resolves on the Stat. of 27. Eliz.

By the Stat. of 27. Eliz. c. 13. none shall have Action upon the said Statute, * 1.10 except the Parties robbed, so soon as he may give notice of the same to any of the Inhabitants of any Village, Town, or Hamlet, next to the place where the Robbery was done, and if they in pursuit apprehend any of the offenders, that will excuse the Town.

Action upon the Statute of Winton, * 1.11 for that one Brook his Servant was robbed; and alledges that the Plaintiff himself came be∣fore a Justice of Place, and was sworn accor∣ding to the Stat. of 27. Eliz. And after Verdict, it was alledged in Arrest of Judge∣ment, that the Servant was to be sworn, and not the Master; and so was the opinion of the Court: For the Servant might know the Persons, when the Servant was robbed, and the Master was not in company: and the In∣tent of the Stat. is, that he that had notice, shall be sworn, and thereupon Judgment was staid.

Action upon the Stat. of Winton, * 1.12 whereas one Palmer, the Plaintiffs Servant was robbed within the hundred of 68 pounds, by Persons unknown, and had made Hue and Cry, accord∣ing to the Stat. and one of the Thieves were taken, and the said Palmer had made oath be∣fore such a Justice of Peace, of the said County next adjoyning to the said hundred within 20 daies, before this Action brought, that

he did not know any of the Parties, who rob∣bed him, that the said hundred had not made him any recompense. And upon Not-guilty pleaded, and tryed at the Bar this Terme, and found for the Plaintiff, it was moved in Ar∣rest of Judgment, that this Action lyes not, because the Plaintiff himself was not sworn, that he knew not any of the Parties, who did the Robbery; for it is not sufficient, that the Servant who was robbed was sworn, for by the Statute of 27. Eliz. the Party who brings the Action ought to make that Oath, and it was argued, that the Servant who was rob∣bed ought to have brought the Action, and then his Oath would have been sufficient: But when the Master brings the Action, he him∣self ought to be sworn, that he knew not any of the Robbers, otherwise he might not bring it; and therefore the Action lyes not. But it was resolved by the Court, that the Action well lyes for the Master, and that the Servants Oath was sufficient, for it is properly in his notice, that he was robbed, and did not know any of the Robbers, and the Master knows it not that he was robbed, or who were the Persons, but by the report of his Servant; and it would be inconvenient, if the Master should not bring the Action, but the Servant might release, or compound or discontinue the Suit, and so the Master should have the loss by his falshood; therefore the Master shall bring the Action, and have his Servant, who was robbed, be his witness: whereupon it was ad∣judged for the Plaintiff.

Action upon the Stat. of Hue and Cry, sup∣posing that he was robbed in such a High way, in divisis Hundredorum, * 1.13 and that he gave no∣tice thereof to the Inhabitants of the Hun∣dred near to the Place where he was robbed. After Verdict for the Plaintiff, it was moved in Arrest of Judgment, that this declaration is not good, because he doth not shew, that the High way is within any Hundred. And in truth, it out to be given to the Inhabitants of both Hundreds, and so be divers Presidents that notice was given in the other Hundred, to the Inhabitants of that hundred: Sed non allocatur; wherefore it was adjudged for the Plaintiff.

Hue and Cry made in the next Vill adjoyn∣ing, though it were in another County, * 1.14 is good enough: for a Stranger cannot know the division of Countys.

Vide Cro. 3. part. Merrik. v. Hundred. de Rapesgate 379.

Action upon the Stat. * 1.15 of Winton of Hue and Cry, and shews in his Count the said Sta∣tute, and that such a day he was robbed of so much within that Hundred; and that he made Hue and Cry: and shews according to the Statute of 27. Eliz. And that within 40 days before the Action brought, he was sworn be∣fore such a Justice of Peace, that he was rob∣bed of so much, and did not know any of the Felons; & that as yet the Defendants had not taken any of the Felons, nor satify'd him con∣tra formam Stat. praedict. unde Actio accrevit. After Verdict for the Plaintiff, it was moved

that this Declaration was not good, because the Action is founded upon two Statutes, and both mentioned in the Declaration; yet he concludes, contra formam Statuti praedicti, which is not good; and the Court thereupon doubted, and appointed Presidents to be searched; and after divers Presidents of this Court, and the Common Bench shewn unto them, wherein some were Contra formam Stat. praedicti, and some Statutorum praedictorum: And the Court held that the best forme was Statuti praedicti. For the Action was grounded only upon the Statute of Winton, which gives penalty, and remedy (the other shews only how the Examination shall be, and in what time before the Action brought, otherwise he shall not have the Action) and Statuti prae∣dicti refers only to the Stat. of Winton, which gives the Action therefore the best form to declare is Contra formam Statuti praedicti.

Thus much of the Satutes touching Hue and C••y.

FINIS.

Notes

• * 1.1

  13. E. 1. c. 1.
• * 1.2

  27. Eliz: c. 13.
• * 1.3

  Co. Lib. 7. Sendills Case f. 6.
• * 1.4

  Ibidem.
• * 1.5

  Co. Lib. 7. Milbornes Case.
• * 1.6

  Cro. 1. part. Rid∣geley, v. Hundred of War∣rington 70.
• * 1.7

  Cro. 2. part. May, v. Inhabi∣tants of Hundred de Morley 106.
• * 1.8

  Cro. 1. part. Ano∣••ymus 753.
• * 1.9

  Cro. 2. part. Wait, v. Hun∣dred of Stoke f. 496.
• * 1.10

  Co. Lib. 7. f. 6. Sendils Case.
• * 1.11

  Cro. 1. part. Greens case f. 142.
• * 1.12

  Cro. 3. part. Rey∣mond, v. Hundred de Oking 37, & 38.
• * 1.13

  Cro. 2. part. Fo∣ster, v. In∣hitantes Hundre∣dorum de Spehar f. 675.
• * 1.14

  Cro. 3. part. Tut∣ter, v. In∣habitants of Dacco∣rar.
• * 1.15

  Co. 2. part. An∣drews, v. Hundred of Lewk∣nour 187.