| Chap. 163. |
The Forfeiture of Felony.
And if a Man be slain in the day time, out of any
Town, then the
Hundred shall be charged therewith; and for the insufficiency of the
Hundred, shall all the County be charged, &c. Stamf. 34.
Yet see Dyer
210. b. that the Township shall be amerced for the Escape, although
the
Murther were committed in a Field of the Town, or in a Lane, &c.
And
the Justices of Peace are to enquire of such Escapes, and to certifie the
same in to the Kings Bench. P. Just. 19. |
403 |
| P. R. 156. |
Also every man is a sufficient Bailiff and Officer
to apprehend him that
is pursued by Hue and Cry: And if he be taken with the thing
supposed
to be stoln, though he neither be of evil name, nor a stranger, yet
every
Man may commit as well such suspected person, as also such Goods, to the
Town where they be apprehended, to answer to the King according to
the Law; and the Constables of the Town are to carry before some Justice
of Peace, as well such Prisoners, as also the Bringers, and may examine
and commit such Offender, or person so suspected. |
|
9 Ed. 4. 9.
Co. 5. 92. |
But if a Man do levy Hue and Cry upon another without
cause, both
the one and the other shall be attached, and carried before a Justice of
Peace to answer it, as disturbers of the Peace, and be bound to their
Good Behaviour. |
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Note also, That the Kings Officer may break open
any Mans house, to
apprehend any Felon, or any person that is suspected of felony, being
in the said house. See hereof antea tit. Forceable Entry. |
House. |
|
Also if the High-ways are to be inlarged, and to
be cleansed of all Bushes,
Woods and Trees, &c. whereby such Offenders may lurk or escape.
See
antea tit. High-ways and Robbery. |
|
18 E. 1. 4.
P. Watch.
1.
5 H. 7. 5. a.
Lamberts
Office of
the Constable. |
And for the better detecting and apprehending of
such Offenders in
great Towns being Walled, the Gates are to be shut from the Sun-setting
until the Sun-rising; And no man shall be lodged in the Suburbs from
nine of the Clock until day, unless his Host will answer for him.
And in
all other Towns Watch shall be kept, from the Feast of the Ascension
until
Michaelmas, from the Sun-setting until Sun-rising; and if any stranger
do pass by them, he shall be arrested until the morning, &c.
And if they
will not obey the Arrest, then all men shall be ready to follow with
Hue
and Cry, until such Night-walkers shall be taken: And for such Arrest
none shall be punished. And the Constables ought to see these
Watches
duly set and kept; and as well the Constables of Hundreds and of Franchises,
as also the Petty-Constables of Towns, ought to make Presentment
to the Justices of Peace at their Sessions, (and to all other Justices
thereto assigned) of the defaults of Watches, and of such as lodge
strangers, for whom they will not answer: And the Justices of Peace
at
their Sessions shall punish such as be found in default. P. watch
2. See
antea tit. Watch, That every Justice of Peace may cause these Watches
to be duly kept.
|
Town.
Night-walkers.
Watch. |
|
Co. 4. 124.
Co. L. 41. |
The Forfeiture of Felony. CHAP.
CLXIII. V. 110.
THE punishment of every Person attainted of Felony,
is fourfold.
scil. |
§. 1. |
|
1. The Offender shall lose his life, and be
hanged between Heaven
and Earth, as unworthy of both. |
|
| Ibid. |
2. He shall lose his Blood, as well in regard
of his Ancestry, as of his
Posterity; for his Blood is corrupted, so as he hath neither Ancestor,
Heir, |
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