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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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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
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