Page:Ruffhead - The Statutes at Large, 1763.djvu/158

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112
Stat. 2.
Anno decimo tertio Edwardi I.
A.D. 1285.

tutes) shall be executed upon the Offenders. (2) Moreover, concerning the Statutes provided where the Law faileth, and for Remedies, lest Suitors coming to the King's Court should depart from thence without Remedy, they shall have Writs provided in their Cases, but they shall not be pleaded until the Feast of St. Michael aforesaid.

STATUTUM WYNTON, Ao 13 Ed. I.

The Statute of Winchester, made 8 Die Octobris, Anno 13 Edw. I. Stat. 2. and Anno Dom. 1285.

CAP. I.
Fresh Suit shall be made after Felons and Robbers from Town to Town, &c.

[1]FOrasmuch as from Day to Day, Robberies, Murthers, Burnings, and Theft, be more often used than they have been heretofore, and Felons cannot be attainted by the Oath of Jurors, which had rather suffer Strangers to be robbed, and so pass without Pain, than to indite the Offenders, of whom great Part be People of the same Country, or at the least, if the Offenders be of another Country, the Receivers be of Places near; (2) and they do the same, because an Oath is not given unto Jurors of the same Country where such Felonies were done, and to the Restitution of Damages hitherto no Pain hath been limited for their Concealment and Laches: (3) Our Lord the King, for to abate the Power of Felons, hath established a Pain in this Case, so that from henceforth, for fear of the Pain more than for Fear of any Oath, they shall not spare any, nor conceal any Felonies; [2](4) and doth command, That Cries shall be solemnly made in all Counties, Hundreds, Markets, Fairs, and all other Places where great Resort of People is, so that none shall excuse himself by Ignorance, that from henceforth every Country be so well kept, [3]that immediately, upon such Robberies and Felonies committed, fresh Suit shall be made from Town to Town, and from Country to Country.

Enforced by 28 Ed. 3. c. 11. and 7 R. 2. c. 6. And 39 El. c. 25. See 8 Geo. 2. c. 16. giving Directions for Hue and Cry. And 22 Geo. 2. c. 24. which amends the former.

  1. ↑ 3 Inst. 197.; 3 Ed. 1. c. 9.; 1 Vent. 118.
  2. ↑ Dyer 370.
  3. ↑ Co. pla. 348, 351.; Rast. 406.

CAP. II.
Inquiry of Felons and Robbers, and the County shall answer if they be not taken.

The County shall answer for Robbers and Felons, if they be not apprehended.LIkewise, [1]when need requires, Inquests shall be made in Towns, by him that is Lord of the Town, and after in the Hundred, and in the Franchise, and in the County, and sometime in two, three, or four Counties, in case when Felonies shall be committed in the Marches of Shires, so that the Offenders may be attainted. [2](2) And if the Country will not answer for the Bodies of such manner of Offenders, the Pain shall be such, that every Country, that is to wit, the People dwelling in the Country, shall be answerable for the Robberies done, and also the Damages; (3) so that the whole Hundred

Amended by 27 El. c. 13.

  1. ↑ Latch 127.
  2. ↑ Rast. 406.; 39 El. c. 25.; Cro. El. 142, 270, 753.; Bro. Debt, 103.; Goldsb. 58, 16.
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