prisoner standeth héere at the barre if any man can say anything against him let him now speake for the prisoner standeth at his deliueraunce if no man doe then come hee is deliuered without any further proces or trouble agréeing first with the gaoler for his fées And these be called acquited by proclamation Twise euerie yeare the one is commonly in lent what time there is vacation from pleading in Westminster hall the other is in the vacation in summer The Prince doth sende downe into euerie shire of Englande certaine of his Iudges of Westminster hall and some Sergeantes at the lawe with commission to heare and determine ioyntly with the Justices of the peace all matters criminall and all prisoners which be in the gaoles These Iudges doe goe from shire to shire till they haue doone their circuit of so manie shires as be appointed to them for that yeare at the ende of the terme going before their circuit it is written and set vp in Westminster hall on what day and in what place they will be That day there méeteth all the Justices of the peace of that shire the sherife of that shire who for that time beareth their charges and asketh after allowance for it in the Exchequer The shirife hath readie for criminall causes as I writ before at the sessions of inquirie iiii v. or vi enquestes readie warned to appeare that day to serue the Prince and so manie more as he is commaunded to haue readie to go in civill matters betwixt priuate men which they call Nisi prius because that worde is in the writ In the towne house or in some open or common place there is a tribunall or place of iudgement made aloft vpon the highest bench there sitteth the two Judges which be sent downe in Commission in the midst Next them on eche side sitteth the Justices of peace according to their estate and degrée In a lower bench before them the rest of the Justices of the peace and some other gentlemen or their clarkes Before these Iudges and Justices there is a table set beneath at which sitteth the Custos rotulorum or kéeper of writtes Thexchetor the vndershirife and such clarkes as doe write At the end of that table there is a barre made with a space for thenquestes and xii men to come in when they are called behind that space another barre and there stand the prisoners which be brought thither by the gaoler all chained one to another Then the cryer crieth and commaundeth silence One of the Iudges briefely telleth the cause of their comming giueth a good lesson to the people Then the prisoners are called for by name and bidden to aunswere to their names And when the Custos rotulorum hath brought foorth their enditements the Iudges do name one or two or thrée of the prisoners that are endicted whom they will haue arraigned There the clarke speaketh first to one of the prisoners A. B. come to the barre hold vp thy hand The clarke goeth on A. B. thou by the name of A. B. of such a towne in such a countie art endicted that such a day in such a place thou hast stolen with force and armes an horse which was such ones of such a colour to such a valor and carried him away feloniously contrarie to the peace of our soueraigne Ladie the Quéene What sayest thou to it art thou guiltie or not guiltie If he will not aunswere or not aunswere directly guiltie or not guiltie after he hath béene once or twise so interrogated he is iudged mute that is dumme by contumacie and his condemnation is to be pressed to death which is one of the cruellest deathes that may be he is layd vpon a table and an other vppon him and so much weight of stones or lead laide vppon that table while as his bodie be crushed his life by that violence taken from him This death some strong stout hearted man doth choose for being not condemned of felonie his bloud is not corrupted his lands nor goods confiscate to the Prince which in all cases of felonie are commonly lost from him and his heires if he be foreiudged that is condemned for a felon by the lawe If he confesse the enditement to be true then when he is arraigned no xii men goeth vpon him there resteth but the Iudges sentence of the paine of death If he pleade not guiltie as commonly all théeues robbers murtherers doe though they haue confessed the fact before the Justice of the peace that examined them though they be taken with the maner which in Latine they call inflagranti crimine howesoever it be if he pleade there not guiltie the Clarke asketh him howe he will be tryed and telleth him he must saie by God and the Countrie for these be the words formall of this triall after Inditement and where the Prince is partie if the prisoner doe say so I will be tryed by God and the Countrie then the Clarke replyeth Thou hast béene endicted of such a crime c. Thou hast pleaded not guiltie being asked how thou wilt be tryed thou hast aunswered by God and by the Countrie Loe these honest men that be come here be in the place and stead of the Countrie and if thou hast any thing to say to any of them looke vpon them well and nowe speake for thou standest vpon thy life death Then calleth he in the first Juror B. C. come to the booke and so giueth him an othe to goe uprightlie betwixt the Prince and the prisoner c. If the prisoner obiecteth nothing against him he calleth an other and so an other till there be xii or aboue and for the most part the prisoner can say nothing against them for they are chosen but for that day and are vnknowen to him nor they know not him as I said being substantial yeomen that dwell about the place or at the least in the hundred or néere where the felonie is supposed to be committed men acquainted with daily labour and trauaile and not with such idle persons as be readie to doe such mischiefes When the enquest is full and the prisoner hath obiected nothing against them as in déede seldome he doeth for the cause aboue rehearsed The clarke saith to the cryer countes in French as ye would say recken and so nameth all those that be on the quest The crier at euerie name cryeth aloude one then ij iij. iiij and so till the number be full of xii or more then saith good men and true and then sayth aloude If any can give euidence or can saie any thing against the prisoner let him come nowe for he standeth vpon his deliuerance If no man come in then the Iudge asketh who sent him to prison who is commonly one of the Justices of peace He if he be there deliuereth vp the examination which he tooke of him and vnderneath the names of those whom he hath bound to giue euidence although the malefactor hath
facto ius oritur héere the Sergeantes or counsellers before the Iudges doe in passing forewarde with their pleading determine and agrée vpon the lawe and for the most part and in manner all actions as well criminiall as ciuill come to the issue state of some fact which is denied of the one partie and auerred of the other which fact being tried by the xij men as they find so the action is wonne or lost And if a man haue many peremptorie exceptions peremptorie exceptions I call onely those which can make the state and issue because the xij men be commonly rude and ignorant the partie shalbe compelled to choose one exception whereupon to founde his issue which chosen if he faile in that by the verdite of xij men he looseth his action and cause and the rest can serue him for nothing Having séene both in France and other places many deuices edictes and ordinaunces howe to abridge proces and to finde howe that long suites in law might be made shorter I haue not perceiued nor reade as yet so wise so iust and so well deuised a meane found out as this by any man among vs in Europe Trueth it is that where this fashion hath not béene vsed and to them to whom it is newe it will not be so easily vnderstood and therfore they may peraduenture be of contrarie iudgement but the more they doe weigh and consider it the more reasonable they shall finde it Howe the issue question or status iuris is decided I haue tolde now I will shewe howe it is tryed when it doth come to the question state or issue of the déede or fact And first I must speake more largely of the manner of procéeding in the processe and of such persons as be necessary for the execution thereof Of the sherife of the shire and of the court of exchequer CHAP. 14. THe Romans had to execute the commaundementes of the magistrates Lictores viatores accensos The ciuill lawe sith that time hath other names termes and officers The execution of the commaundementes of the magistrates in England is ordinarily doone by the sherifes The sherife which is as much to say as the Réeue or Bayly of the shire is properly word for word Questor prouinciae it is he which gathereth vppe and accompteth for the profittes of the shire that come to the exchequer The exchequer which is fiscus principis or aerarium publicum and I cannot tell in what language it is called Scaccarium some thinks that it was first called statarium because that there was the stable place to account for the reuenues of the crowne aswell that which came of the patrimony which we cal the demeasnes as that which commeth of other incident acquisitions be they rentes customes tenthes quinziesmes taxes subsidies wheresoeuer the Prince or his court be according to the time and occasion was a place stable continual and appointed for to recken and account The hearers of the account who in latin may be called tribuni aerarij haue auditors vnder them which the Latines doe call Rationales but they are the chiefe for the accounts of the Prince and may be called Iuridicirationales in English we cal them Barons of the exchequer whereof is one who is called the chiefe Baron as Tribunus or Iuridicus rationalis primus or princeps The chiefe of all is called high treasurer of Englande as you would say in latin Supremus aerarij anglici quaestor or Tribunus aerarius maximus In this court be heard Quadruplatores which we call promoters which be those that in popular and penall action be delatores hauing thereby part of the profit by the lawe assigned In this court if anie question be it is determined after the order of the common lawe of Englande by the xij men as I haue saide and all customers which were in latin called publicarij in gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do account in this office The Sherife of the shire is called in our common latin vicecomes as one would say vicarius comitis or procomes doing that seruice to attende vpon the execution of the commaundementes of the Tribunalles or Iudges which the Earle or countie should doe which Earle or Countey for the most part was attending vppon the Prince in the warres or otherwise about the Prince as the worde beareth Comes principis whereby it may appeare that the chiefe office of the Countie or Earle was to sée the kinges Justice to haue course and to bee well executed in the shire or Countie and the Princes reuenues well answered and brought in aerarium principis which is called of vs the treasurie If any fines or amerciaments which in latin be called mulctae beleuied in any of the saide courtes vpon any man or any arrerages of accountes by the latins called reliqua of such thinges as is of customes taxes subsidies or any other such occasions the same y e sherife of the shire doth gather and is respondent therefore in the exchequer As for other ordinarie rentes of patrimoniall landes and most commonly for the taxes customes and subsidies there be particular receiuers and collectors which doe answere it into the exchequer The sherife hath vnder him an vnder sherife at his charge and appointment learned somewhat in the law especially if he be not learned himselfe diuers bailifes which he called errantes whom he maketh at his pleasure who can knowe ech lande and person in the shire and their abilitie to goe vppon enquestes either to distreine or to summon him to appeare whom the sherife shal appoint and for this cause to the sherifes as to the minister most proper of the lawe the writtes be directed When any thing commeth to an issue of the déede or fact there is a writ or writing directed to the sherife of the shire where the lande is whereupon the controuersie is or where the man dwelleth of whom the money is demaunded which writ is called venire facias Then after the same effect an alias pluries or distringas according to the nature of the action to the returne of the sherife And if for any disobedience of not comming and appearing there be a fine which the latins doe call Mulcta set vpon any iurors head the sherife is charged with it and taketh the distresses which in latin be called Pignora and answereth therefore to the exchequer The sherife also is readie by himselfe or by his vndersherife to serue aswell the Iustices of peace in their quarter sessions as y e Iustices called Itinerantes in their great assises when they come into the shire which is twise in the yeare to dispatch and voide actions criminall and ciuil depending at the common law and which be come nowe to the issue He hath also the charge of all the prisoners cōmitted to y e prison which we call the gaole and when any is condemned to die it is his charge to sée the sentence executed To be short he is as it were the generall minister
so The people being accustomed to liue in such an equalitie of Iustice that in such sort that y e rich hath no more aduantage therein than the poore the proces and procéedinges to the iudgement being so short and iudgementes also being peremptorie and without appellation Yet to helpe for small matters where no great summe is in question there are other courtes In euerie shire from thrée wéekes to thrée wéekes the sherife for small thinges not passing xl s. and in certaine hundreds and liberties the baylie likewise from thrée wéekes to thrée wéekes holdeth plea. And whosoever is possessioner and owner of a mannor may holde from thrée wéekes to thrée wéekes or at his pleasure of his tennantes and amongest his tennantes a court called a court Baron And there his tennantes being sworne make a Iurie which is not called the enquest but the homage These principallie doe enquire of the copie holders and other frée holders that be dead sith the last court and bring in their heires and next successours and likewise of incrochment or intrusion of anie of the tennantes against the Lorde or among themselues They make orders and lawes amongest themselues the paine of them if they be after broken commeth to the Lorde And if anie small matter be in controuersie it is put to them and commonly they doe ende it But these courtes doe serue rather for men that can be content to be ordered by their neighbours and which loue their quiet and profit in their husbandrie more than to be busie in the lawe For whether partie soeuer will may procure a writte out of the higher court to remooue the plea to Westminster In cities and other great townes there be diuerse liberties to holde plea for a bigger summe which doe determine aswell as the common lawe and after the same manner and yet for them that will it may be remooued to Westminster hall King Henry the eight ordained first a president Counsellers and Iudges one for the marches of Wales at Ludlowe or else where an other for the north parts of Englande at Yorke where be manie causes determined These two are as be Parliaments in Fraunce But yet if there be anie matter of great consequence the partie may mooue it at the first or remooue it afterwardes to Westminster hall and to the ordinarie Iudges of the Realme or to the Chanceller as the matter is These two courtes doe heare matters before them part after the common lawe of Englande and part after the fashion of the chauncerie Of the Leete or lawe day CHAP. 18. LEete or law day is not incident to euerie mannor but to those onely which by special graunt or long prescription haue such libertie This was as it may appeare first a special trust and confidence and commission giuen to a fewe put in trust by the Prince as is nowe to the Iustices of peace to sée men sworne to the Prince to take pledges and suerties in that maner of one for an other to answere for obedience and truth to enquire of priuie conspiracies fraies murders and bloudsheddes and to this was added the ouersight of bread and ale and other measures Many times they that be out of the homage and court Baron of that mannor and Lordship be neuerthelesse astreined and answerable to come to the Léete This Léete is ordinarily kept but twise in the yeare and that at termes and times prescribed The Léete or Lawe day is all one and betokeneth worde for worde legittimum or iuridicum diem Lawe the olde Saxons called lant or lag and so by corruption and chaunging of language from Lant to Leete vnderstanding day They which kéepe our full english terme call it yet lawe day Of the proceedinges of causes criminall and first of the Iustices of the Peace CHAP. 19. BEfore the maner of procéeding in causes criminall can be well vnderstood it will be necessarie to speake of thrée persons the Iustices of peace the Coroners and the Constables The Iustices of peace be men elected out of the nobilitie higher and lower that is the Dukes Marquisses Barons Knightes Esquiers and Gentlemen and of such as be learned in the lawes such and in such number as the Prince shall thinke méete and in whome for wisedome and discretion he putteth his trust inhabitantes within the countie sauing that some of the high nobilitie and chiefe magistrates for honors sake are put in all or in the most of the commissions of all the shires of England These haue no time of their rule limited but by commission from the Prince alterable at pleasure At the first they were but iiij after viij nowe they come commonly to xxx or xl in euerie shire either by increase of riches learning or actiuitie in policie and gouernement So many more beeing founde which haue either will or power or both are not too manie to handle the affaires of the common wealth in this behalfe Of these in the same commission be certaine named which be called of the Quorum in whome is especiall trust reposed that where the commission is giuen to xl or xxx and so at the last it commeth to iiij or thrée it is necessarie for the performance of many affaires to haue likewise diuerse of the Quorum The wordes of the commission be such Quorum vos A B. C D. E F. vnum esse volumus The Iustices of the peace be those in whom at this time for the repressing of robbers théeues and vagabunds of priuie complots and conspiracies of riotes and violences and all other misdemeanors in the cōmon wealth the Prince putteth his special trust Each of them hath authoritie vpon complaint to him made of any theft robberie manslaughter murder violence complotes riottes vnlawefull games or any such disturbance of the peace and quiet of the Realme to cōmit the persons whom he supposeth offendors to the prison and to charge the Constable or sherife to bring them thither the gaoler to receaue them and kéepe them till he and his fellowes doe méete A fewe lines signed with his hande is ynough for that purpose these doe méete foure times in the yéere that is in each quarter once to enquire of all the misdemeanors aforesaide at which daies the sherife or his vndersherife with his baylifes be there to attende vppon him who must prepare against that time fower enquestes of xxiiij yeomen a péece of diuerse hundredes in the shire and besides one which is called the great enquest out of the bodie of the shire mingled with all These fiue enquests are sworne before them to enquire of all heretiques traitors theftes murders manslaughters rapes false moniers extortioners riottes routes forcible entries vnlawefull games and all such thinges as be contrarie to the peace and good order of the Realme to bring in their verdict If they among themselues vpon their owne knowledge doe finde any culpable they cause one of the clerkes to make the bill And if any be there to complaine vppon any
they faile of being there Of the Coroner CHAP. 21. BVt if anie man woman or child be violently slaine the murtherer not knowen no man ought or dare burie the bodie before the Coroner hath séene it The Coroner is one chosen by the Prince of the meaner sort of gentlemen and for the most part a man séene in the lawes of the Realme to execute that office And if the person slaine slaine I cal here whosoeuer he be man woman or childe that violently commeth to his death whether it be by knife poyson cord drowning burning suffocation or otherwise be it by his owne fault or default or by any other if I say the person slaine be buried before the Coroner doe come which for the most part men dare not doe he doeth cause the bodie to be taken vp againe and to be searched and vppon the sight of the bodie so violently come to his death he doth empanell an enquest of xij men or mo of those which come next by be they strangers or inhabitantes which vpon their othes and by the sight or viewe of the bodie and by such informations as they can take must search howe the person slaine came to his death and by whome as the doer or causer thereof These are not inclosed into a streit place as I tolde before of other enquestes but are suffered to goe at large and take a day sometime after xx or xxx daies more or lesse as the fact is more euident or more kept close to giue their euidence at which day they must appeare there againe before the saide Coroner to giue their verdict So sometime the person slaine himselfe sometime the brother the husbande the wife the sister some of acquaintance or stranger such as God wil haue reueiled be taken For whosoeuer they doe finde as guiltie of the murder he is streight committed to prison and this is against him in the nature of an inditement which is not a full condemnation as ye shall sée héereafter The empanelling of this enquest and the viewe of the bodie and the giuing of the verdict is commonly in the stréete in an open place and in Corona populi but I take rather that this name commeth because that the death of euerie subiect by violence is accounted to touch the crowne of the Prince and to be a detriment vnto it the Prince accounting that his strength power and crowne doth stande and consist in the force of his people and the maintenaunce of them in securitie and peace Of the Constables CHAP. 22. THese men are called in the elder bookes of our lawes of the Realme custodes pacis and were at the first in greater reputation than they be nowe It may appeare that there was a credit giuē vnto them not altogether vnlike to that which is now giuen to the Iustices of peace To this day if any affraie chaunce to be made the Constables ought and will charge them that be at debate to kéepe the Princes peace and whosoeuer refuseth to obey the Constable therein all the people will set streight vpon him and by force make him to render himself to be ordered Likewise if any be suspected of theft or receiuing or of murther or of manslaughter the Constable may take such persons yea enter into any mans house with sufficient power to search for such men till he finde them and if hee sée cause kéepe the suspected persons in the stockes or custodie til he bring them before a Iustice of the peace to be examined But for so much as euerie litle village hath commonly two Constables and many times artificers labourers and men of small abilitie be chosen vnto that office who haue no great experience nor knowledge nor authoritie the Constables at this present although this they may do vppon their owne authoritie yet they séeme rather to be as it were the executors of the commaundement of the Iustices of peace For the Iustice of peace as soone as he vnderstandeth by complaint that any man hath stolen robbed slaine or any seruant or labourer without license hath departed out of his maisters seruice or any that liueth idle and suspectly knowing once in what parish he is he writeth to the Constable of the parish cōmanding him in the Princes name to bring that man before him the Constable dareth not disobey The man is brought and examined by the Iustice and if the Iustice doe finde cause hee committeth him to the same Constable to conuey him further to the Princes gaole where the partie must lie till the Iustices of peace doe méete either at their quarter sessions or at their gaole deliuerie and that the lawe hath either condemned or acquited him These Constable are called in some places headborowes in some places tithingmen and be like to them who are called Consuls in manie townes and villages in Fraunce The Constables are commonlie made and sworne at the Léetes of the Lordes chosen thereto by the homage and they kéepe that office sometime ij iij or iiij yeare more or lesse as the parish doth agrée What headborow doth betoken it is easily knowen our language doth declare him as the head or chiefe of the borowe or village likewise tithing man is the chiefe of y e tithing Constable séemeth to me to come of our old English worde kinnyng which is Kinnyngstable as ye would say a mā established by the king for such thinges as appertaineth to pleas of the crowne conseruation of the Kings peace as I saide at the first were in some more reputation approching to that authoritie which the Iustices of peace nowe doth holde Of the sessions of gaole deliuerie and the definitiue proceedinges in causes criminall CHAP. 23. HOwe théeues and murtherers and other malefactors against the crowne and the peace are taken brought into holde to answere to iustice partly by hue and crie partly by information and partly by the diligence of the Justices of peace and the Constables and howe that at the quarter sessions they be indicted or else by the Coroners yee haue hearde before Enditement as yee may perceive by that which is also gone before is but a former iudgement of xij men which be called enquirers and no definitiue sentence but that which in latin is called praeiudicium it doth but shewe what opinion the countrey hath of the malefactor and therefore commonly men be endicted absent not called to it nor knowing of it For though a man be endicted yet if when he come to the arainement there be no man to pursue further nor no euidence of witnesse or other triall and indices against him he is without difficultie acquited No man that is once indicted can be deliuered without arainement For as xij haue giuen a preiudice against him so xii againe must acquite or condemne him But if the prisoner be not indicted but sent to prison vpon some suspition or suspitious behauiour and none doe pursue him to the enditement first being proclaimed thus A. B.
man for these faults he putteth in his bil which bil is presented first to the Iustices sitting vpon the bench to sée if it be conceived in forme of lawe which doone the complainant doth deliuer it to one of these enquests after the complainant is sworne he declareth to thē what he can for y e profe of it And if they finde it true they do nothing but write on the backeside of it billa vera as ye would say scriptum verum or accusatio iusta or reus est qui accusatur Then he who is there named is called indicted If they do not finde it true they write on the backside ignoramus so deliuer it to the Iustices of whome it is rent into péeces immediatly he that is indicted is accounted a lawefull prisoner and after that time looked more streitly vnto For this inditement is no conuiction and if he be indicted and be not alreadie in prison the sherife if he can finde him bringeth him into prison if he cannot finde him proces is made out against him to render himselfe prisoner or else hee shalbe outlawed So he is called thrée times in diuerse countie daies to render himselfe to the lawe The fourth is called the exigent by which he is outlawed not rendring himselfe as ye would say exactus or actus in exilium The outlawe looseth all his goods to the King for his disobedience But if after he wil render himselfe to answere to the lawe and shewe some reasonable cause of his absence manie times of grace his outlawerie is pardoned These méetinges of the Iustices of peace foure times in the yeare be called quarter sessions or sessions of enquirie because that nothing is there determined touching the malefactors but onely the custodie of them and this kinde of procéeding which is by inquisition of the xij men within themselues and their owne consciences or by denunciation of him that putteth in his bill to the xii is called at the kings suite and the king is reckoned the one partie and the prisoner the other The Iustices of the peace doe méete also at other times by commandement of the Prince vpon suspition of warre to take order for the safetie of the shire sometimes to take musters of harnes and able men and sometime to take orders for the excessiue wages of seruaunts and labourers for excesse of apparell for vnlawefull games for conuenticles and euill orders in alehouses and tauernes for punishment of idle and vagabund persons and generally as I haue saide for the good gouernement of the shire the Prince putteth his confidence in them And commonly euery yeare or each seconde yeare in the beginning of summer or afterwardes for in the warme time the people for the most part be more vnrulie euen in the calme time of peace the Prince with his counsell chooseth out certaine articles out of penall lawes alreadie made for to represse the pride and euill rule of the popular and sendeth them downe to the Iustices willing thē to looke vpon those pointes and after they haue mette together and consulted among themselues howe to order that matter most wisely and circumspectly whereby the people might be kept in good order and obedience after the lawe they diuide themselues by thrée or foure and so each in his quarter taketh order for the execution of the saide articles And then within certaine space they méete againe and certifie the Prince or his priuie counsell how they do finde the shire in rule order touching those pointes and all other disorders There was neuer in any commonwealth diuised a more wise a more dulce and gentle nor a more certaine way to rule the people whereby they are kept alwaies as it were in a bridle of good order sooner looked vnto that they should not offend than punished when they haue offended For séeing the chiefe amongst them their rulers to haue this speciall charge and doe call vpon it and if occasion so doe present one or two presently either punished or sent to prison for disobedience to those olde orders lawes they take a feare within themselues they amende and doe promise more amendment So that it is as a newe forbushing of the good lawes of the realme and a continuall repressing of disorders which doe naturally rest among men But as the inuention of this and the vse and execution thereof is the most benefitte that can be deuised for the common wealth of Englande So when it shalbe misused dissembled with or be contemned be doone pro forma tantum and as they terme it in Fraunce par mainere d' acquit onely it will be the present ruine though not at the first apperceiued of the common wealth Of which the fault may be as well in the commaunders for not making good choice what and howe they commaunde as in the commanded for not executing that which is commaunded Of hue and crie and recognisaunce taking vppon them that may giue euidence CHAP. 20. BY the olde lawe of Englande if any theft or robberie be doone if he that is robbed or he that séeth or perceiueth that any man is robbed doe leuie hue crie that is to say doe call and crie for aide and say that a theft or robberie is doone contrarie to the Princes peace and assurance The Constable of the village to whom he doth come and so make that crie ought to raise the parish to aide him and séeke the théefe and if the théefe be not founde in that parish to go to the next and raise that Constable and so still by the Constables and them of the parish one after an other This hue and crie from parish to parish is caried till the théefe or robber be founde That parish which doeth not his dutie but letteth by their negligence the théefe to depart doth not onely paie a fine to the king but must repaie to the partie robbed his dammages So that euerie English man is a sergiant to take the théefe and who sheweth himselfe negligent therein doth not only incurre euill opinion therefore but hardly shall escape punishment what is doone with the théefe or robber when he is taken I shall shewe you heereafter The same manner is followed if anie man bee slaine for streight the murtherer is pursued of euerie man till he be taken So soone as any is brought to the Iustices of peace by this hue or crie by the Constable or anie other who doth pursue the malefactor he doeth examine the malefactor and writeth the examinations and his confession then he doth binde the partie that is robbed or him that sueth and the Constable and so manie as can giue euidence against the malefactor to be at the next sessions of gaole deliuerie to giue their euidence for the Quéene He bindeth them in recognisance of xl xxl. xxxl xll. or C. l. according to his discretion and the qualitie of the crime which certified vnder his hande is leuied vpon the recognizance if