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 onely 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 shewed 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 robbed was not obliged to give notice within the Hundred wherein he was robbed 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 reade 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 robbed 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 robbed recover against them they shall recover over against the place where default of fresh suit shall happen the whole and intire 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 c. 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 Glocester 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 Bayliffs of the Town of Glocester 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 Glocester 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 Glocester 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 c. 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 Glocester 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 robbed 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 satisfie 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 Judgment to recover his Debt against the said Commonalties after the supposal of their goods in the form aforesaid with his reasonable damages and expences 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 Judgments 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 pein 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
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. 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 High-way 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 Vertue 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 wholsome Laws have been formerly made by our discerning Ancestours against them and how the honest Traveller may obtain a Legal Recompence for the Losses he sustains by such Cattel The main scope and intent of this Discourse being to shew 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 robbed 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 robbed that nothing may be wanting to compleat 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 robbed 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 Retorn 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 Judgment after a Writ of Inquiry fol. 120. Judgment upon the Statute after Verdict fol. 122. Venire Facias fol. 123. Distringas against the Jury with the Retorn fol. ibid. Writ of Inquiry fol. 124. The Oath to be taken before a Justice of Peace by the person or persons who are robbed whereupon the party robbed 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 peny for which the Offender shall be hanged Yet in some cases it is not necessary that the thing whereof the party is robbed 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 threatnings was the cause and motive of that delivery So if two or more take a man and by force compell 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 inforced 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 c. out at the window to them 44 Ed. 3.14 which they take and depart 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 cattel out of his pasture or fold he standing by and looking on them
necessary that the Robbery for which the County is to answer be done in the day-time and out of the night and if a man be robbed after Sun-set 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 robbed in January after Sun-set while it was day-light and the Court gave Judgment 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 day-break and before Sun-rising 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 Sun-set and by day-light 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 robbed the Country is not excusable as it was held by three Justices in the case of one Wayte 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 ought to be liberally and favourably construed and the persuing 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 Chirurgeons and Midwives and it was judged but reasonable they should be protected in their Journies 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 robbed 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 robbed 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 Huy 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 robbed 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 robbed 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 lawfull 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 day-time that the Township should be amerced for the escape though the Murther was done in any Fields or Lane belonging to the Town hence I do infer that if a person be robbed in any open or known place out of the High-way 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 Murther was done vespere in the evening after Sun-set 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 Sun-set 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 High-way The Case was this There was a way which was dangerous for Travellers to pass through and very chargeaâ—le 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 adjoyning which was more safe and commodious for Passengers and to an Information brought for stopping the way this whole matter was pleaded and Judgment for the King 1. For that the Owner of the Land through which the new way was made might stop
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
by the Authour of The weekly Pacquet 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 believ'd and practis'd 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 Judgment and Practice of Physick deduced from the Position of the Heavens at the Decumbiture of the Sick Person shewing by an universal Method not onely 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 Physick England's Remarques 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 Vsher Also a Catalogue of all English Words from one to eight Syllables divided and not divided teaching the readiest way to Spell Reade and Write 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 Melancholicks a Comedy as it was acted at the Duke's Theatre The Medal Revers'd a Satyr against Persecution By the Authour 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 Judgments Demurrers and most kind of Writs now used in the Court of Kings Bench with necessary instructions to all Clerks Attorneys Sollicitours c. 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 Remarques 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 easie 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 Atchievements 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 Gentlemens Coats all truly Blazon'd To which is added an Alphabetical Table for the ready finding any name whose Coat is herein Blazon'd THE END