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Sacraments.
Although that one of the Thieves be taken, yet if
Hue and Cry be
not duly made, the Town where the default is, shall be amerced: But
the
party robbed shall have no remedy for his Mony (of the Hundred) in
regard that one of the Thieves is taken. And this is by force of
the Statute
27 Eliz. whereas the Amerciament is by force of the Statute of Winchester. |
Chap. 85. |
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It seemeth by my Lord Dyer, Ann. 22 Eliz.
that the Statute is satisfied, if
the Names of the offenders be descried; so that they may be indicted and
outlawed. Quære inde, for the words of the Statute of
13 Edw. 1. and
28 Ed. 3. are, That the County must answer for the Bodies of such
offenders.
Winch. 13 Ed. 1. cap. 2. and Stat. 28 El. 3.
cap. 11. |
Dyer 370.
Pl. 9.
P. R. 155. |
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Nota, The Party robbed must bring and commence
his Action within
20 days next after his Examination taken before the Justice of Peace.
36 El. Dew's Case. |
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Also the Justice of Peace must be abiding within
the County, at the
time of examination taken by him, as it seemeth; for the Justice of Peace
being out of the County, is but a private man, and hath no authority to
take such examination. See the title, Justices of Peace, hic,
c. 6. |
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If a man be robbed in Middlesex, and maketh
Hue and Cry freshly into
Essex, if the Towns adjoyning do not according to the Statute of
Winchester,
the party robbed may have his Action of Debt in the one County or
the other, by Fincham, 15 Edw. 4. 18. Br. Dett. 104. |
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§. 5.
High-ways. |
High-ways leading from one Market Town to another,
shall be inlarged,
so that there be neither Dike, Underwood, nor Bush, whereby a man
may lurk to do hurt, within two hundred foot of the one side and of the
other; and if by default of the Lord that will not amend the Ways as
aforesaid, any Robberies be done therein, the Lord shall be answerable
for
the Robbery: And if a Park be near the High-way, the Lord must set
his
Park Two hundred foot of each side from the way as aforesaid; or else
must make such a Wall, Dike, Hedge, or Pale, that such offenders may not
pass to and fro there. Winch. 13 Ed. 1. cap. 5. |
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Every Justice of Peace may cause such High-ways
to be inlarged and
cleansed as aforesaid. See hic antea, tit. High-ways.
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§. 1.
Three Justices. |
CHAP. LXXXV. V. 49.
Sacraments.
IT seemeth that three Justices of the Peace (one
of them being of the
Quorum) may out of the general Sessions, take Information and
Accusation
(by the Oaths of two honest persons) against such as shall deprave
or unreverently speak of the Sacrament of the Body and Blood of our
Lord and Saviour Jesus Christ, against the Statute, &c.
And may bind the
Accusers (and such other Witnesses as were by) Recognizance (in five
pounds apiece) to give in evidence at the Tryal. But Mr. Lamb.
maketh
a Quære hereof. The Statute of 1 E. 6. c. 1.
is repealed by 1 Ma. 1. But is revived
by 1 El. 1. in such manner as the same was, 1 E. 6. |
1 Ed. 6. 1.
P. Just. 8. |
§. 2.
Penalty. |
And such person, being indicted at the Sessions,
and found guilty of depraving,
despising, or contemning the Blessed Sacrament, by words or otherwise,
he shall suffer imprisonment, and make Fine and Ransom at the Kings pleasure. |
Lam. 352.
1`E. 6. 1. |
§. 3.
Power. |
The Justices of Peace in Sessions may hear and
determine offences and contempt
against that Act, so as the parties offending be informed of, or presented
within three months after the offence committed. |
1 E. 6. 1. |
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