| 402 |
Felony.
Also an Indictment may be, Quod bona & catalla
cujusdam hominis ignoti
felonice cepit. See here before. And any man may in such
case, both
inform the Court, and by their discretion may prefer an Indictment against
the Felon, and give Evidence to the Inquest therein. |
Chap. 162.
Dyer 99. |
| Conspiracy. |
And so if the Owner be known, but will not charge
the Felon therewith,
any other person (especially after Proclamation made in the
Court, That if any will inform or give in Evidence for the King, he shall
be heard) may safely come in, and may inform the Court, prefer an Indictment,
and give in Evidence for the King, against the Felon, without
any danger of Conspiracy, because it is for the Kings advantage to
have the forfeiture of the Felons Goods: Yea, in the two former Cases,
if the Justice of Peace shall hear of any person that can inform any
material
thing against such a Felon, or against any Felon, the Justice in
his discretion may send for him, take his Information, and may bind him
to give Evidence against such Felon: ' For every one shall be admitted
' to give Evidence for the King. Stamf. 163. |
35 H. 6. 15.
Fitz. Co. 5.
Fit. 115. 2.
Stamf. 163.
173. |
| Prosecution. |
Also if any Robbery or Theft be committed, and the
party robbed,
or other Owner of the Goods, will not charge the Felon therewith, yet
it seemeth every Justice of Peace may cause such Felon (or any person
suspected for such felony) to be apprehended, and may Examine him
thereof; and also may send as well for the party robbed, &c. as for
all
such other persons as can inform any thing material concerning the said
felony, and may take their Informations (upon Oath:) And if upon
such Examination he shall find cause, the said Justice may commit the
Offenders, and bind over the Informer. See antea in the
other Title of
Felony. |
|
Hue and
Cry. |
Note also (for the better prevention and apprehending
of Felons)
that upon all Homicides, Burglaries, Robberies, and other Felonies,
and when men are put in great danger, Hue and Cry shall be levied, and
every man shall follow the Hue and Cry, and whosoever doth not, and is
thereof convicted, shall be attached to appear before the Justices
of Gaol
Delivery. Also, it seemeth, any Justice of Peace may bind them over
to
appear before the Justices of Gaol Delivery, and that by force of the Commission
in the first Assig. |
3 E. 2. c. 3.
P. Fel. 38.
Hue and
Cry 1. |
|
Yea, upon any felony committed, all men generally
shall be ready (at
the Commandment of the Sheriff, and at the Cry of the Country) to pursue
and arrest Felons, upon pain to be grievously fined. |
3 Ed. 1. 3. |
| Escape. |
And such Hue and Cry and Pursuit shall be made from
Town to Town,
and from Countrey to Countrey: and shall be made by Horse-men and
Foot-men: And in case of Robbery, if (after notice given thereof
to some
dwelling near) none of the Felons be taken within forty days after the
felony committed, then the whole Hundred where the Robbery was
done, shall answer for the Robbery done, and the damages: But yet
the
Inhabitants of any other Hundred, wherein negligence, fault, or defect
of pursuit and fresh suit shall happen to be, shall answer and satisfie
the
one moiety, and half of all and every such sums of mony and damages.
See more here before, tit. Hue and Cry and Robbery. |
13 E. 1.
c. 14.
27 el. 13.
28 E. 3.
c. 11.
See Br.
Brit. 104. |
|
And if a man shall be slain in the day time, (sc.
so long as it is full day
light) in a Town not Walled, and the Murtherer escape, the whole Town
where the Murther was done, shall be amerced for this Escape. But
if
it be in a City or Town Walled, then if the Murther, &c. were by night
or by day, they shall be amerced for the Escape. Fitz. Co. 238,
293,
299, 302. Stamf. 33. l. 3 H. 7. 1.
P. Coroners 13. |
3 H. 7. c. 1.
Co. 7. 6. b. |
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