coke b MILBORNS case Trin Elizabeth in c b rot the hundred shall not be charge  for a robbery commit in the morning ante lucen SC Goldsb Leon between a Savil  side a Milborn and the inhabitant of the hundred of Dunmow in Essex it be  adjudge that for a robbery commit in the morning ante lucen the hundred shall  not be charge because the robbery be commit in the b Inst more and Cr  Elizabeth Cr James see Wilson c b night and although no time be specify in the  statute yet by good exposition it do not extend to a robbery commit in the  night for no laches or negligence can be impute to the hundred for default of  wellguarding the country in the night also in the night they can make pursuit  after the offender or inquire for they and then to charge they when they be  deprive of their convenient mean will be very hard and as it have elsewhere be  often say it be a good exposition of a statute to expound it accord to the  reason of the commonlaw and at the commonlaw if a man be kill in a town by day  that be so long as there be full day light and he who kill he escape the town  where this felony be commit shall be amerce for it and so it be hold in e  Coron cum quis felon to strike down to be per diem nisi felon capacity to be  totan villan that to load and therewith agree also the say book in e but if  such murder or manslaughter be commit in the night the town shall not be  amerce by the commonlaw because as coke report a er p it have be say no laches  or negligence can be impute to the inhabitant of the town and God have appoint  the day for man to labour travel and do their business and the night to take  their repose and rest and therefore the prophet say to put down darkness et  fanctam be nox in how per transeunt beast sylv c sol be born et congregate are  exit a human being ad opus et surgical operation et return evening so savage  beast pass and repass in the night and then man be at rest and in the day man  apply themselves to their labour and affair and then the beast retire to their  den and the poet say ut slaughter and throw man to rise de night latrome coke  a and the commonlaw be man can a   light a b in edit dr Stud foe a Leon Goldsb    a roll Fitzherbert avowry a distrain for rend or service in the night as it  be adjudge in e distress h a Acc but for a damagefeasance a man may distrain  in the night for the necessity of the case for otherwise perhaps he shall not  distrain at all for before day they may be take or stray out of his land and  therewith agree e and further it be provide by the say statute of Winchester  that in city or great town which be enclose the gate ought to be shut from  sunset to sunrising after which statute if in such city or town enclose any  murder or manslaughter be commit in the day or in the night and the offender  escape such city or town shall be amerce for now the Act have change the  reason of the law and therefore the law itself be change for ratio law be  anima law et different law ration to move et law for at the commonlaw if a man  be kill in the night as it have be say there be not any fault in the city or  town but now if they do not keep their gate shut accord to the statute by  which the offender escape then there be fault and negligence in they and  therewith agree the book in e Coron where the case be it be present that one  kill another in the night and it be ask where the felon be and they say that  he be flee and because it be in the night they ought not to be charge Lowther  justice who give the rule say that the town shall be shut by the statute from  such a hour and because the townsman of the town take he not all the town be  amerce also it be hold on the say Act of e that if diverse commit a robbery  those of the hundred ought to apprehend all the felon for although they  apprehend some of they that shall not be sufficient to excuse they for the  word of the Act of e be that they answer for the body of the offender which in  construction be take all the offender but now by the statute Elizabeth cap a  new law be make among other in these point follow videlicet that none shall  have a action on the say statute unless the party rob do so soon as he can  give notice of the say felony to some of the inhabitant of some town village  or hamlet next the place where the robbery be commit if they in their pursuit  do apprehend any of the offender the same shall excuse they although they do  not apprehend they all see the Act of Elizabeth cap which have add to the say  statute of Winchester and alter the same in diverse point notam if a man be  rob on the sabbath day the country be Chargeable roll Rep but by the stat car  it be enact that the country shall not be Chargeable note to the former edit a  this be confine to person who be travel for when the plaintiff be rob in go to  church on a Sunday he recover Taskmaker v hundred of Edmonton Com Rep SC Str  for what be necessary to be do to enable the party rob to take advantage of  the statute vide saint Geo c Geo c and the note of serj William to Pinkney v  inhabitant de rotel sand a