[Footnote 508: At the time of Bracton, a probable presumption of a man’s having possessed himself of treasure-trove, arising from his sudden dressing or living in a higher style than he had been accustomed to, was held a sufficient ground to commit the party to Gaol. (120. a.)] CHAP. III. When any one is accused of Homicide,[509] the Judgment is regulated by, and proceeds on, the distinction before laid down. It should, however, be observed, that it is not usual to dismiss upon pledges a person accused of this Crime, unless in compliance with the King’s pleasure. But there are two species of Homicide. The first is called Murder which is secretly perpetrated—no one seeing—no one knowing of it,[510] save the person committing it, and his Accomplices, so that Hue and Cry[511] cannot be presently made after the Offenders, as ordained by the Statute[512] upon this subject. [Footnote 509: Vide Fleta L. 1. c. 23. Bracton 120. b. 134. a.] [Footnote 510: “The name of murder (as a crime) was anciently applied to the secret killing of another which the word _moerda_ signifies in the Teutonic Language.” (4 Bl. Comm. 194.) In support of this position, the learned Judge cites the present passage of our author’s text. Other authorities may be added. _Murtre, est quant home est tue de nuit ou de repos dehors ou dedans vill._ (Assises de Jerusalem, c. 85.) _Porro murdrum propriè dicatur, mors alicujus occulta cujus interfector ignoratur._ (Dialog. de Scacc. L. 1. s. 10. See also Bracton 121. Fleta 34. s. 6. Britton c. 6. s. 1. and c. 23.—Regiam Majestatem L. 4. c. 5.)] [Footnote 511: _Clamor popularis_ is the expression, which, on the authority of Lord Coke, I have rendered Hue and Cry. Lord Coke informs us, it was known before the conquest. (2 Inst. 171. 172.) It does not appear to have been peculiar to this country, as a similar institution seems anciently to have existed in some parts of France. (Beaumanoir c. 67.)] [Footnote 512: “This Statute is not now extant,” says Lord Coke. (2 Inst. 171.)] To prosecute an accusation of this kind no one is admissible, unless he be of the blood of the deceased, and under such restrictions is this rule adhered to, that the nearer Heir shall exclude the more remote from the Appeal.[513] [Footnote 513: _De multro (murder) vel Homicidio propinquior in genere sequelam faciendi retinet potestatem: Si autem propinquior in non ætate fuerit vel ætatem transegerit, alius propinquior interesse poterit in sequela, vel alius de genere in quem consenserit omnis parentela._ (Le Grand Custum. de Norm. c. 69. See also Britton c. 1. s. 11.)] There is also another species of Homicide, as appears from the general Term, which is called simple Homicide.