I Come now to a third Encouragement which the Thief flatters himelf with, viz. in his Hopes of ecaping from being apprehended.
Nor is this Hope without Foundation: How long have we known Highwaymen reign in this Kingdom after they have been publicly known for uch? Have not ome of thee committed Robberies in open Daylight, in the Sight of many People, and have afterward rode olemnly and triumphantly through the neighbouring Towns, without any Danger or Moletation. This happens to every Rogue who is become eminent for his Audaciounes, and is thought to be deperate; and is in a more particular Manner the Cae of great and numerous Gangs, many of which have for a long Time committed the mot open Outrages in Defiance of the Law. Officers of Jutice have owned to me, that they have pased by uch with Warrants in their Pockets againt them, without daring to apprehend them; and indeed they could not be blamed for not expoing themelves to ure Detruction: For it is a melancholy Truth, that, at this very Day, a Rogue no ooner gives the Alarm, within certain Purlieus, than twenty or thirty armed Villains are found ready to come to his Asitance.
On this Head the Law may eem not to have been very defective in its Cautions: Firt, By veting not only the Officers of Jutice, but every private Man, with Authority for ecuring thee Micreants, of which Authority it may be of Service to the Officers, as well as to the Public in general, to be more particularly informed.
Firt, By Wetminter I. Perons of evil Fame are to be imprioned without Bail. By the Statute of Wincheter, uspicious Night-walkers are to be arreted and detained by the Watch. A Statute made in 5 Ed. III. reciting that many Manlaughters, Felonies, and Robberies had been done in Times pat, enacts, That if any Peron have an evil Supicion of uch Offenders, they hall be incontinently arreted by the Contable, and hall be delivered to the Bailiff of the Franchie, or to the Sheriff, to be kept in Prion till the coming of the Jutices. The 34 Edw. III. gives Power to the Jutices of the Peace, inter alia, to enquire of Wanderers, and uch as will not labour, and to arret and imprion uspicious Perons, and to take Sureties of the good Behaviour of Perons of evil Fame, 'to the Intent, ays the Statute, that the People be not by uch Rioters, &c. troubled nor endamaged, nor the Peace blemihed, nor Merchants nor others pasing by the Highways of the Realm diturbed, nor put in Peril by uch Offenders.'
Secondly, By the Common Law every Peron who hath committed a Felony, may be arreted and ecured by any private Man preent at the aid Fact, though he hath no general nor particular Authority, i.e. tho' he be no Officer of Jutice, nor have any Writ or Warrant for o doing; and uch private Man may either deliver the Felon to the Contable, ecure him in a Goal, or carry him before a Magitrate.<ref>Hale'''s Hit. P. C. vol. I. 586. vol. II. 77.</ref> And if he refues to yield, thoe who arret may jutify beating him; or, in cae of abolute Necesity, killing him.
Again, any private Peron may jutify arreting a Felon purued by Hue and Cry. This, as the Word imports, is a public Alarm raied all over the Country, in which the Contable is firt to earch his own Vill or Diviion, and then to raie all the neighbouring Vills about, who are to purue the Felon with Hoe and And in this Cae whether a Felony was committed or not, or whether the Peron arreted (provided he be the Peron named or decribed by the Hue and Cry) be guilty or innocent, or of evil or good Fame, the Arret is lawful and jutifiable, and he who raied the Hue and Cry is alone to anwer for the Jutice of it. What were Hercules, Theeus, and other the Heroes of old, Deorum in Templa recepti''—Were they not the mot eminent of Thief-catchers?