ccclii ASHPOOL and the inhabitant OF everingham case in a action upon the  statute of Winchester of hue and cry by Ashpool against the inhabitant of the  hundred of Everingham it be argue by sergeant Shuttleworth for the hundred and  he insist upon this that the robbery for which the suit be bring be commit in  the night and vide Stamford if a man be rob in the day and the thief escape  and be not take the town or hundred shall answer for it as if he shall have  say if the robbery be not do in the day the town or hundred shall not answer  for it and by h the lord can distrain in the night for rend arrear for the  tenant be not bind to tender his rend in the night time and although there be  no express word in the statute of Winchester that buy and cry shall be make by  the party rob yet in reason it be to be presume that the same be intend by the  statute vide that by these word in the statute it may be employ videlicet that  no pain as yet have be appoint for their concealment and lachess which lachess  import that none ought to be charge in such case but here there be a default  and no default can be where there be not notice and all the course be hutesiam  warcry fecit notice inhabitant devoted to and also this word concealment  amount to as much for none can be say to conceal that whereof he have no  notice and vide Stamford if the felon escape the hundred shall answer to the  party rob who have make buy and cry but the whole court be clear that buy and  cry or notice to the inhabitant be not requisite by the statute for as it be  say b that the Lord Anderson it may be that the party rob be bind so as he can  not give notice or make buy and cry or it may be he be kill by the thief and b  e fresh suit be to be make from town to town and from country to country and  that fresh suit be to be make by the inhabitant of the hundred and not by the  party rob for no mention be make of such fresh suit and that will more clear  appear if we take to the commonlaw before the statute of Winchester for before  the say statute the law be that every town and city shall be guard by the  inhabitant c so that if any suspect person do resort to such town or city he  shall be stay until the next session in which case he shall have deliverance  accord as be can acquit himself and if any town or city fail therein and then  a robbery have be do the county shall answer for it for at their Leonard own  peril they be bind to guard the country but there be some difference betwixt  robbery commit in the day time and robbery do in the night which see e so  coroner where a mail kill another in the day and the felon be not take but  escape in the night and the town be amerce for the same because there the  adventurer come in the day time and the felon be not take and as to that which  be find by the verdict that the robbery be do post setting sun per lucen Book  of Hors the opinion of all the justice be that with such a robbery the hundred  shall be charge for that at such time of the day traveller be common draw to  their lodging and afterward judgement be give for the plaintiff pasc Elizabeth  in the king bench