case comb against the hundred OF Bradley a action upon the statute of Winton  for a robbery Gloucester sacred scripture the man inhabit in the hundred of  Bradley in the county of Gloucester be attach to answerThe action upon the  statute of Winton whether bring in the king bench or common plea must be  commence by original keb sand a as well to our present sovereign Lord the king  and our lady the queen as to Thomas comb who sue as well for our say present  sovereign Lord the king and our lady the queen as for himself in this behalf  of a plea wherefore by a statute make in the parliament hold at Winton in the  thirteenth year of the reign of our sovereign Lord Edward the first former  king of England it be among other thing ordain that forasmuch as from day  today robbery murder and burn be more often use than they have be heretofore  and felon can be attaint by the oath of juror who have rather suffer stranger  to be rob and so pass without pain than to indict the offender of who great  part be people of the same country or at least if the offender be of another  country the receiver be of place near and this they do because a oath be not  give unto juror of the same country where such felony be do and because to the  restitution of damage no pain have hitherto be limit for their concealment and  laches our sovereign Lord the king to destroy the power have establish 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 nor modern er p conceal any felony and he  command that proclamation shall be make in all county hundred market fair and  all other place where great resort of people be so that none shall excuse  himself by ignorance that from thenceforth every county be so well keep that  immediate upon such robbery and felony commit fresh suit shall be make from  town to town and from county to county and also when need require inquest  shall be make in town by he who be lord of the town and after in the hundred  and in the franchise and in the county and sometime in two three or four  county in case felony shall be commit in the march or shire so that the  offender may be attaint and if the county will not answer for the body of such  manner of offender the pain shall be such that every county that be to say the  people dwell in the county shall be answerable for the robbery do and also the  damage so that the whole hundred where the robbery shall be do with the  franchise within the precinct of the same hundred shall be answerable for the  robbery do and if the robbery be do in the division of two hundred both the  hundred and the franchise within they shall be answerable and after the  robbery and felony commit the county shall have no long space than forty day  within which it shall behove they to agree for the robbery or offence or else  they shall answer for the body of the offender as in the say statute be full  contain and whereas certain malefactor to the aforesaid Thomas unknown on the  twentythird day of February in the five year of the reign of our aforesaid  present lord the king and lady the queen in the hundred of Bradley in the  county of Gloucester there in the king highway with force and alms on the say  Thomas make a assault and thirty pound twelve shilling and sixpence in money  number the proper money of the say Thomas there find felonious from the say  Thomas take and carry way against the peace of our lord the king and lady the  queen and the say Thomas there immediate after the say felony and robbery so  do as aforesaid at Northleach modern within the hundred aforesaid do make hue  and cry of the say felony and robbery so do and commit and then and there do  give notice to the inhabitant of the say parish of Northleach of the aforesaid  robbery and felony and after the say robbery and felony so do and commit and  within twenty day next before the sue out of the original writ of the say  Thomas the say Thomas before Thomas master Esq then and now one of the justice  of our say present sovereign Lord the king and lady the queen within the city  of Gloucester assign to keep the peace at Cirencester and then inhabit near to  the aforesaid hundred of Bradley in the county aforesaid be examine upon his  corporal oath accord to the form of the statute make at Westminster in the  county of Middlesex in the twentyseventh year of the reign of the lady  Elizabeth late queen of England in such case make and provide and the say  Thomas then and there upon his corporal oath aforesaid depose that he do not  know the say party who so rob he or either of they and after the robbery so do  forty day before the sue out of the original writ of the say Thomas be pass  yet the say inhabitant of the hundred aforesaid have not yet make amends to  the say Thomas for the say robbery nor have they take the body of the say  felon or malefactor or the body of either of they nor have hitherto answer for  the body of they or for the body of either of they but have permit the say  felon and malefactor to escape in contempt of our say lord the king and lady  the queen to the great damage of the say Thomas comb and against the form of  the statute in such case make and provide and thereupon the say Thomas comb  who as well c by Samuel Brewster his attorney complain for that whereas  certain malefactor to the say Thomas comb unknown in the king highway on the  twentythird day of February in the five year of the reign of our lord William  and lady mary now king and queen of England at Hampnot in the county of  Gloucester within the hundred of Bradley in the county aforesaid with force  and arm this be to say with stick sword and hanger on he the say Thomas comb  make a assault and thirty pound twelve shilling and sixpence in money number  the proper money of he the say Thomas comb then and there find of the say  Thomas comb then and there do steal take and carry away against the peace of  our say lord the king and lady the queen and the say Thomas comb immediate  after the say felony and modern er p robbery commit at Northleach in the  hundred of Bradley aforesaid near the aforesaid place where the robbery  aforesaid so as aforesaid be do do make hue and cry of the say felony and  robbery so do and commit and then and there do give notice to the inhabitant  modern of the say parish of Northleach of the aforesaid robbery and felony and  after the say robbery and felony so do and commit and within twenty day next  before the sue out of the original writ of the say Thomas comb the say Thomas  comb before the aforesaid Thomas master Esq then and now one of the justice of  our lord the king and lady the queen assign to keep the peace in the county  aforesaid and then inhabit at Cirencester aforesaid near the say hundred of  Bradley in the county aforesaid be examine on his corporal oath accord to the  statute make at Westminster in the county of Middlesex in the twentyseventh  year of the reign of lady Elizabeth former queen of England in such case make  and provide and the say Thomas comb upon his corporal oath aforesaid then  depose that he do not know the say party who have so rob he or either of they  and that after the say robbery so do forty day before the sue forth of the  original writ of the say Thomas comb be pass yet the say inhabitant of the say  hundred have not yet make amends to the say Thomas comb for the say robbery  nor have they take the body of the say felon or malefactor or the body of  either of they nor have hitherto answer for the body of they or for the body  of either of they but have permit the say felon and malefactor to escape in  contempt of our say lord the king and lady the queen to the great damage of  the say Thomas comb and against the form of the statute aforesaid in the  thirteenth year of the reign of Edward the first late king of England  aforesaid in such case make and provide wherefore he say that he be injure and  have sustain damage to the value of fifty pound and therefore he bring his  suit and the aforesaid man inhabit within the say hundred of Bradley aforesaid  by Richard Longford their attorney come and defend the force and injury when c  and say that they be not guilty of the premise aforesaid whereof the say  Thomas comb have above complain against they as well for c and of this they  put themselves upon the country and the say Thomas comb who as well c do the  like and hereupon the say Thomas comb say that the man inhabit within the say  hundred of Bradley where the say robbery be do be the party defendant against  who the say Thomas comb who as well c above in form aforesaid above complain  and for that cause pray a writ of our lord the king and lady the queen  wheresoever c to be direct to the sheriff of the county aforesaid to cause to  come twelve free and lawful man of the neighbourhood of the hundred of  slaughter in the county aforesaid which say hundred of slaughter be the next  hundred in the same county next adjoin to the say hundred of Bradley to try  the issue aforesaid above in form aforesaid join and because the say  inhabitant of the say hundred of Bradley do not deny the allegation aforesaid  therefore the say sheriff be command that he cause to come before the say lord  the king and lady the queen on the octave of the purification of the bless  virgin mary wheresoever c twelve c of the neighbourhood aforesaid of the  hundred of slaughter modern aforesaid by who c and who neither c to recognize  c because as well c the same day be give as well to the say Thomas comb who as  well c as to the say inhabitant of the say hundred of Bradley aforesaid and  afterward the process thereof between the party aforesaid in the plea  aforesaid be continue by the jury thereof between they be respite before the  king and queen until fifteen day next after easter wheresoever c then next  follow unless the justice of the lord the king and the lady the queen assign  to take assize in the county aforesaid shall first come on Saturday the three  day of march at Gloucester in the county aforesaid by the form of the statute  c for want of juror c on which day before the lord the king and lady the queen  at Westminster come the say party by their atorneys aforesaid and the say  justice of the say lord the king and lady the queen of assize before who c  have send here their record before they have in these word afterward at the  day and place within contain before Giles eyres Knt one of the justice of the  lord the king and lady the queen assign to hold plead before the say king and  queen themselves and modern er p Thomas Breton Esq the aforesaid Giles eyres  Knt and Nicholas Lechmere Knt one of the baron of the exchequer of our say  lord the king and lady the queen justice of the same lord the king and lady  the queen assign to take assize in the county of Gloucester by the form of the  statute c for this turn associate the aforesaid Nicholas Lechmere not expect  by virtue of the writ of the say lord the king and lady the queen of si non  all men e come as well the withinnamed Thomas comb who sue as well for the  lord the king and lady the queen as for himself in this behalf as the  withinwritten inhabitant of the hundred of Bradley by their atorneys  withincontained and the juror of the jury whereof mention be within make be  call come who be elect try and swear to speak the truth of the matter within  contain say upon their oath that certain malefactor aforesaid to the say  Thomas unknown on the twentythird day of February in the five year of the  reign our lord the now modern king and our lady the now queen at Hampnot in  the hundred of Bradley in the county of Gloucester in the king highroad there  with force and arm upon he the say Thomas comb make a assault and thirty pound  twelve shilling and sixpence in money number there find felonious from the say  Thomas steal take and carry away against the peace of the lord the now king  and lady the now queen and the same Thomas immediate after the felony robbery  and spoliation within write do at Northleach in the hundred aforesaid hue and  cry of the robbery and felony withinwritten make and then and there give  notice to the inhabitant of the say will of Northleach aforesaid in due manner  of the robbery and felony within write do and after the same robbery and  felony do and within twenty day next before the sue out of the original writ  of the say Thomas the same Thomas before Thomas master Esq then and now one of  the justice of the lord the now king and the lady the d with queen assign to  keep the peace in the aforesaid county of Gloucester and then inhabit at  Cirencester aforesaid near the say hundred of Bradley in the county aforesaid  within write be examine upon his corporal oath accord to the statute at  Westminster in the twentyseventh year of the reign of the lady Elizabeth late  queen of England in such case make and provide and upon his oath aforesaid  before the aforesaid Thomas master then depose in manner and form as be  afterward mention and not otherwise Gloucester memorand that upon the seven  day of June in the five year of the reign of our sovereign Lord and lady king  William and queen mary over England c in the year of our Lord Thomas comb of  Fairford in the county of Gloucester servant to Andrew Barker of Fairford  aforesaid Esq come before I Thomas master one of their majesty justice of the  peace for the say county of Gloucester and take his corporal oath that upon  Thursday the d day of February last pass between the hour of two and three of  the clock in the afternoon of the same day as the say Thomas be travel from  Fairford aforesaid towards Tewksbury in the say county of Gloucester he be set  upon in a field near Hampnot in the hundred of Bradley in the say county of  Gloucester by three horseman arm with sword and pistol who there make a  assault upon he the say Thomas comb and do then and there felonious take from  he the say Thomas comb thirty pound twelve shilling and sixpence and one  sorrel mare which mare be since return to Fairford aforesaid thirty pound and  eleven shilling of which say money be modern the proper money of the say  Andrew Barker his master and the other one shilling and sixpence be the proper  money of he the say Thomas comb and the say Thomas comb far depose that the  say three horseman which so take away the say money and mare from he be  stranger and altogether unknown to he the say Thomas comb and that the say  Thomas comb immediate after he be so rob go to Northleach a markettown in the  say hundred and there make hue and cry after the say person that rob he and  the same juror upon their oath aforesaid further say that the thirtynine pound  twelve shilling and sixpence in the withinwritten declaration mention be the  proper money of Andrew Barker Esq the then master of the aforesaid Thomas comb  receive by the aforesaid Thomas comb for the use of the aforesaid Andrew  Barker his say master and the same juror upon their oath aforesaid further say  that the aforesaid Andrew Barker be not present when the robbery aforesaid be  commit but whether upon the whole matter by the modern er p juror aforesaid in  form aforesaid find the aforesaid inhabitant of the hundred of Bradley be  guilty of the premise in the withinwritten declaration lie to their charge  against the form of the statute in the declaration mention or not the juror  aforesaid be whole ignorant and pray thereupon the advice and consideration of  the court c a if upon the whole matter aforesaid it shall seem to the court of  the lord the king and lady the queen here that the aforesaid inhabitant of the  hundred of Bradley aforesaid be guilty of the premise in the withinwritten  declaration lie to their charge against the form of the statute aforesaid then  the say juror say upon their oath aforesaid that the inhabitant of the hundred  of Bradley aforesaid be guilty thereof as the aforesaid Thomas comb who  prosecute c within thereof complain against they and they assess the damage of  he the say Thomas comb by occasion thereof beside his cost and charge by he  lie out about his suit in this behalf to thirty pound twelve shilling and  sixpence and for those cost and charge to forty shilling but if upon the whole  matter aforesaid by the juror aforesaid in form aforesaid find it shall seem  to the court of the lord the king and lady the queen here that the inhabitant  of the hundred of Bradley aforesaid be not guilty of the premise aforesaid  then the juror aforesaid upon their oath aforesaid say that the aforesaid  inhabitant of the hundred of modern Bradley aforesaid be not guilty of the  premiees within lie to their charge by the declaration aforesaid as the say  Thomas comb within in plead thereupon have allege and because the court of the  say lord the now king and lady the now queen here be not yet advice what  judgement to give of and upon the premise a day be thereof give to the party  aforesaid until before the lord the king and lady the queen wheresoever c to  bear their judgement of and upon the premise for that the court of the lord  the king and lady the queen here be not yet advice thereof c