Bateman against the hundred OF a action upon the statute of hue cry Stanton  Bateman bring a action against the hundred of in the county of glouc upon the  statute of hue and cry and upon the general issue plead it be find by the  verdict that he be rob and that be take his oath before Mr Seamer a justice of  peace that he do not know the party and because the jury do not find moreover  that the oath be that be do not know the party which rob he nor any of they  accord to the letter of the statute it be move that the plaintiff shall not  recover walmsly be of opinion that it be well enough find and sufficient for a  oath shall be take simple and they need not observe that precise form as in  plead they ought Warberton for the defendant and because that the oath be not  precise accord to the statute it may be he swear in that manner upon subtlety  for upon such a uncertain deposition a man can be impeach of perjury Kingsmill  likewise say that upon that default the action may well fail Anderson of the  same opinion for that the statute be the ground of the action the which ought  to be observe walmsly say win he show that two Noy er p man do rob he and that  he do not know they that amount to as much by common intendment that be do not  know any of they then if it amount to as much it be sufficient enough Anders  if it be of the same sense see the statute but that it self denote a  difference between the case for it prescribe that he ought to show that be do  not know they or a that of they walm that be only proper where there be three  or more that rob he but where there be but two it be not apt nor proper speak  to say they or any of they but or either of they and in this case it may be it  be the cunning of the justice that examine he who peradventure live within the  same hundred that shall be charge to ease himself and his neighbour but if the  oath be in another manner and that can be prove although the justice certify  in another manner yet the proof shall be allow to which Kingsmill agree and  the court urge the defendant to give to the plaintiff S and so to make a end  which motion both party agree to