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A51818 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 robbed 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 authentick authorities / by J.M. J. M. 1683 (1683) Wing M50; ESTC R2818 46,636 144

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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 Judgment 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 Huy and Cry FElony is so odious in the eye of Law that it punisheth the Authour 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 Huy 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 Huy 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 Huy and Cry be made onely 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 c. as the Mirour and Briton have it avec Huy Cry de Corne de Bouche 2 Inst 173. viz. with Huy and Cry of Horn and Mouth This way of pursuing Felons by Huy and Cry is part of the ancient Common Law of this Realm as it appears by those Authours who write of the Laws of England in use long before the Conquest yet some have thought that Huy and Cry had its original from the foresaid Statute of Westm 1. but that Statute it self proves the contrary for it finds fault that good suit that is fresh suit was not duly made Who may raise the Huy and Cry and for what Cause THere are two sorts of Huy and Cry The one by Common Law the other by Statute The Huy and Cry by Common Law may be levied by any person who finds just cause to doe 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 c. and require him to begin it but that either the party grieved or one that is eye Witness to the fact may raise the Huy 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 robbed or murthered 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 Huy and Cry upon him he was to pay the uttermost penny the Felons life should be valued at It is not necessary that the Huy 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 Huy 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-medly or se defendendo and flies for it the Town shall be amerced for the escape and by the same reason they may raise the Huy 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 Huy and Cry Every Justice of the Peace by virtue of his Commission may cause Huy and Cry Dal. J. P. cap. 28. fresh suit and search to be made upon any Murther 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 Huy and Cry shall be levied though generally a Felony ought to be the ground and foundation of the Huy 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 robbed in both these cases though in the one there was but a probability of a Felony and in the other onely a will discovered by the attempt to commit it So it seems if a rape be attempted upon a woman she may justifie the levying of the Huy and Cry though she was not ravished indeed The Huy and Cry is appointed to be raised in some particular cases by Acts of Parliament as the Statute of Winchester doth authorise the Watch to arrest night walkers and if they disobey the arrest and fly the Watchmen may make Huy 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
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 robbed 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 c. 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 robbed shall have an Action upon the Statute of Winchester against the Hundred notwithstanding that the Statute does not expresly 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 robbed for he is the person damnified and intended to be relieved within this Act and when the Statute gives him recompence 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 incurr 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 robbed was not limitted to any time within which he should bring his Action before the 27 El. which Act does provide That no person or persons robbed shall take advantage by virtue of any fermer Act to charge any Hundred where any robbery shall be committed unless he or they so robbed 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 robbed to the performance of some conditions before he can be enabled to bring his Action for the Act says That no person or persons robbed shall maintain any action of the two forementioned Statutes except the said person or persons so robbed 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 then 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 it self be brought within a year after the Robbery committed If the Servant be robbed 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 robbed 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 robbed The Servant is likewise the person to be bound in the Recognizance the Statute requires that because no person is supposed fitter to give evidence against the Offenders than he that was