And he that is sworn the Tithingman c. of any place is in effect with respect as aforesaid the Constable of the place And that when any Staute doth appoint the Constable or other Inferior Officers to punish Offenders in such case the Borshoulder Headburrough Tithingman c. may do it they being supposed to be Inferior Officers to the Constables By the Statute 14 Car. 2. cap. 12. it is Nota. Ordained That upon the death or removal of any Constable out of the Parish any two Justices may elect and swear a new one to continue till the next Leet or Quarter-Sessions and then the Steward or Justices to approve of him or appoint another And if any such Officer continue in his Office above a Year the Justices of the Peace may discharge him and put in others till the Lord of the Mannor hold a Court. In some Cases then the High Constable Nota may and must do more than the Petty-Constable c. And in some Cases they have equal authority and in other Cases they are distinct I shall therefore endeavour to shew what all Constables either High or Low Bursholders Headburroughs Tything-men c. may and must do what is their common or equal and what their special or particular Duty and Authority But Note That where it is generally spoken of Constables there it is also meant as to Headboroughs and Tything men c. and where there is any difference I shall distinguish it But First I will speak of the fitness and manner of their Choice and of the Oath each of them must severally take for the Nota due Execution of his Office And observe that part of their Office and Duty consists in the attendance of Court Leets Justices Constables when and where to attend of the Peace and Coroners for the executing of their Warrants within their several Precincts and also to attend upon aid and assist and execute the Warrants of Judges of Assize at their Assizes and Gaol Delivery and the Justices of the Peace at their general and special Sessions and other Meetings to make Presentment upon Oath of things within their Knowledge and according to Articles exhibited to them for that purpose of which more in its place Of the Choice and Fitness of Constables and of the Oath to be taken by them THey ought to be men fit for the Execution Honesty Ability and understanding required of their Office and therefore to be chosen out of the honestest ablest and most understanding men not Feeble with old Age nor otherwise Weak Sick Poor or Impotent That so the Office may be performed truly and diligently without Malice Affection or Partiality This Office ought not to be put upon the Poverty and Ignorance to be avoided Poorer sort for they are usually most Ignorant and Fearful and less able to attend this Office their Necessity requiring them to mind their own Trade and Imployment And 't is to be understood That Constables Bac. p. 25. have no allowance but are bound to perform their Office gratis Such who in respect of some other Offices Some Professors exemptd and to be excuseed Callings or Professions as Clergy-men Sheriffs Lawyers Attorneys Physicians and such like are presumed to be otherways so much imployed as not to be at leisure to attend upon this Office so much as is required and therefore not to be Chosen Also Women whether Maids or Widows Women Ideots and Infants ought not to be chosen neither Mad-men or Ideots nor Infants under 21 Years of age nor old Men above Seventy Therefore it is not a good Custom generally that this Office should go by tenure of Houses for so it may fall upon a 1 Cro. fo 283. Woman which is not sufferable but it may be a good Custom That every man sufficiently qualified shall serve or find one to do it These Officers are to be chosen in respect In what respect they are chosen of their Habitation or Residency and not in respect of their Lands for a Man may have Lands out of the Hundred Parish or Tything c. But he ought to serve only in the place where he lives The High-Constables are usually chosen High-Constables when and where chose and Sworn Dalton ca. 16. fo 46. Lamb. Just 190. and Sworn at the Quarter Sessions of the Peace for that County But they may be either Chosen or Sworn out of the Sessions and if they be chosen out it must be by the greater number of Justices of that Division where they Dwell and in the like manner also they may be Removed And Note that two Justices of the Peace the one being of the Quorum may appoint the High-Constables for Wales by the Stat. 34. H. 8. ca. 26. The Petty-Constables are most commonly Petty Constables when and where Chosen and Sworn in the Court-Leet and sometimes by the Justices of Peace at their Quarter Sessions Dalton Just fo 47 48 336. So that High-Constables are by appointment of the Justices and Petty-Constables elected by the People unless in some Cases as is after set down If Constables lawfully Qualified and Chosen shall refuse to be Sworn the Justices of Peace may bind him over to the Assises or Sessions and he may be there Indicted Fined and if he be chosen in a Leet and refuse he may be fined in that Leet for his Contempt Dalton 47. 1 Cro. 409. As one lawfully qualified and chosen Refusing to serve may not refuse so if one that is not rightly qualified and inabled may refuse if he be chosen and shall be discharged by Law and another may be appointed in his place Dalton J. P. fo 322. And it is said to be a Forfeiture of the Removal of unfit Persons Leet where the Leet chooses unable or unfit Constables and their choice is void and upon Complaint made to two Justices of the Peace they may remove such unfit 8 Co. 42. Steels Rep. fo 〈◊〉 and unable Person and choose and Swear some other 1 Bul. 174. Dalt ca. 16. fo 47. But in other Cases it s said the Justices are not to meddle either in Sessions or out of Sessions But leave it to the Custom of the Court Leet Stiles Rep. 362. Note also by the better opinion it is Constables Deputy held That the Constable of a Hundred or Parish may not make a Deputy for the exempting of his whole Office but he may depute one to do many things under him and in his Name that relate to his Office yet so that the Constable shall be responsible and answer for what 's amiss c. 3 Bulst 77. 78. Yet sometimes one chosen hath named a fit Person for his Deputy who upon his acceptance hath been Sworn and in this case its said the Deputy shall answer for himself 1 Cro. 409. Crawley's Case By an Act 24 Maii primo Willielmi Protestant Dissenters being chosen Constables c. may make a
Deputy Mariae That if any Protestant Dissenter from the Church of England shall then after be chosen High-Constable Petty-Constable Churchwarden Overseer of the Poor or to any other Parochial or Ward Office and shall scruple to take the Office upon him in regard of the Oaths or any other Matter to be done in respect of such Office such person may execute the said Office by a sufficient Deputy by him to be provided who shall comply with the Laws on this behalf Provided such Deputy be approved and allowed of in such manner as the Principal should have by Law been allowed and approved After the Constable Headburrough or Tithingman is chosen he must take an Oath for the due execution of his Office The Form whereof is as followeth The Form of the Constables Oath YOu shall well and truly serve our Sovereign The Oath at length Lord and Lady the King and Queen * When the Constable is Sworn in a Leet then are added these words And the Lord of the Mannor in the Office of a Constable and shall see the King and Queens peace to be well and truly kept to the utmost of your power You shall Arrest all such persons as in your presence shall ride or go armed offensively or shall commit or make any Riot Affray or other breach of the Peace You shall do your best endeavour upon complaint to you made to apprehend all Felons Barretors or Riotors or persons riotously assembled and persons making Affrays and if any such Offenders shall make resistance with force you shall levy Hue and Cry and pursue them until they be taken You shall do your best endeavour that the Watch in your Town be duly kept and that Hue and Cry be duly pursued according to the Statutes and that the Statute made for punishment of Rogues Vagabonds and Night-Walkers and such other idle and wandring Persons coming within your Liberties be duly put in execution You shall have a watchful Eye to such persons as shall maintain or keep any Common House or place where any unlawful Games or Plays are or shall be used as also to such persons as shall frequent or use such places or shall exercise or use any unlawful Games or Plays there or elsewhere contrary to the Statute At your Assizes Sessions or Leet you shall present all and every the Offences committed or done contrary to the Statutes made and provided for the restraint of inordinate haunting and tipling in Taverns Inns and Alehouses and for repressing of Drunkenness and profane Swearing You shall true presentment make of all Blood shedding Affrays Outcries Rescues and other Offences committed or done against the publick Peace within your Limits You shall well and truly execute all Precepts and Warrants to you directed from the Justices of Peace and others in Authority in this County And you shall well and truly according to your knowledge power and ability do and execute all other things belonging to the Office of a Constable so long as you shall continue in the said Office So help you God Note that it has ben part of this Oath to see the maintaining of Archery but this seems to be out of use The Oath is many times contracted in Form and administred briefly thus YOu shall swear That you shall well and The Oath in short truly execute the Office of Constable or of a Tithing man c. for the Town or for the Parish or Tithing c. of A. for the next Year or for half a Year as the time is to be and until another be sworn in your room or you shall be legally discharged thereof So help you God c. CHAP. II. Of the several Duties incumbent on all Constables after they are Sworn according to the particular Branches of their Oath BY the Form of the Constables Oath The Heads of the Oath it appears that he is sworn to some things in general and to others in particular 1. In general to serve the King and Queen and if in a Leet the Lord of the Mannor in the Office of a Constable This extends to his whole Office 2. In particular to see the King and Queens Peace to be kept and preserved 3. To arrest such persons as shall in their presence ride or go offensively Arm'd or commit any Riot or Affray c. 4 Upon Complaint to apprehend all Felons Barretors Rioters c. and upon resistance to levy Hue and Cry and pursue them 5. To see the Watch be duly kept in the Town 6. To see that the Statute for punishment of Rogues Vagabonds Idle persons and Night-Walkers be duly put in execution 7. To have a watchful Eye upon persons keeping unlawful Gaming houses and such as frequent the same and use any unlawful Games and Plays there or elsewhere 8. At the Assizes Sessions or Leet to present the Offences of Tipling Drunkenness and profane Swearing against which the Statutes have provided 9. To present all Bloodshedding Affrays Outcries Rescues c. 10. To execute truly all Precepts and Warrants to them directed from the Justices and others in Authority The rest is in general to do and execute all other things belonging to the Office of a Constable to the best of his power knowledge and ability and this again extends to his whole Office I will first treat of these things which Particulars of the Oath first treated of are particularized in his Oath and next endeavour to shew all such other things as belong to his Office Note that the Statute of 25 Car. 2. ca. 2. which appoints Officers and others to take the Oaths of Allegiance and Supremacy c. doth not extend to High-Constables Petty-Constables Headburroghs or Tithingmen nor to Churchwardens Overseers of the Poor or the like inferior Civil Officers This Office of Constable c. seems to be Composition of the Office in 2 parts made up of two parts the one derived from the ancient Common Law of the Nation the other from divers Statutes and Acts of Parliement His Authority also is several in some things acting of himself without any command from others and this is said to be ex Officio and in other things not to Ex Officio Warrant act without a Commandment Warrant or Precept from another person It is in his power by the virtue of his Office to preserve their Majesties Peace 1. In foreseeing and preventing that nothing be done that directly will or probably may be an occasion of the breach thereof 2. In quieting such as are actually breaking the same 3. In punishing such as have already broke the Peace ☞ First For the preventing the reach of Preventing and preserving the Peace ex Officio the Peace he ex Officio without a Warrant from a Justice by Night or by Day may Arrest suspected persons Strangers and others that walk in the Night and sleep in the Day He may stop all such persons as go or ride unlawfully Arm'd and take their Arms from
them and commit them to Prison and if he be inform'd of such as haunt Bawdy-Houses or other suspicious Places or of any lewd Man and Woman that are together and about to be incontinent and lewd he may take assistance with him and Arrest them 13 Ed. 1. 4. Cromp. 6. 12 H. 7. 18. Fitz. Just 200. If any be about to make an Assault or His Authority about an Affray Affray the Constable may in the King's Name command them to forbear and depart on pain of Imprisonment Dalt fo 33. And this he ought to do or he may be Fined for his neglect if it be presented by the Inquest at the Sessions of the Peace Cromp. 146. Tho' some say If he be sent for to keep the Peace and will not come he shall not be Fined But Quaere If they will not surcease but still threaten To put the Affrayers in Stocks c. to beat hurt or kill one another and fly into fury and passion he may commit the Offenders to the Stocks or in other safe Custody until such time as he can carry them before some Justice of the Peace to find Sureties for their Beaviour Dalt ca. 1. fo 4 5. 118 340. 3 H. 4. 9 10. But if there be nothing but Words it seems the Constable may not lay hands on them Dalton 34 158. Secondly If they draw Weapons or give He may require Assistance Blows the Constable may command others to assist him and if the Affrayers make resistance against him he may justifie the beating or wounding of them and setting them in the Stocks and it shall be murder in the Affrayers if they kill the Constable or any that assist him And if any person be dangerously hurt in the Affray the Constable * Note that in such case any other person may arrest the Offender may arrest the Offender and carry him to a Justice of Peace who is either to Bail him or Commit him to Prison until it be known whether the Party hurt will live or die 4 Co. 4. 9 Co. 66. Lamb. 135. Dalt 33. If an Affray or Assault be made upon Affray upon the Constable the Constable he may defend himself and put the parties in the Stocks till he can carry them to a Justice of Peace or to the Gaol and he may call others to assist him to do this who may justifie the doing of it Dalton 35. Kitch 69. If a Constable or any of his Assistants Hurting the Constable or his Assistants shall be hurt in an Affray they may have good remedy but if the Affrayers be hurt in resistance they shall have no remedy against them Lamb. 141 142. 21 H. 7. 21. Thirdly After an Affray or breach of Warrant where requisite the Peace be over it is said That the Constable without a Warrant cannot arrest the Affrayers except some person be dangerously hurt as he may before or during the Affray 38 H. 8. 6. But quaere Quaere Pursuit of Affrayer For it s said That if the Affrayers when they see the Constable come to arrest them shall fly into a House by which it seems the Affray is over the Officer may in fresh pursuit of them ex Officio break open the Doors and apprehend them and if they fly into any Franchise within the County he may follow and take them nay though they fly into another County yet he may pursue them and cause them to be taken there but then in this last case out of the County he can meddle no further but only as Assistant to the Constable there to carry them before some Justice to cause them to find Sureties and so much every private man may do Dalton 28 29 33 34. Lamb. 135 143 144. Cromp. 146. And it is also said That if an Affray Affray in a House and the Doors shut be in a House and the Doors are shut and tho' none of the Parties have taken any hurt yet the Constable may ex Officio break into the House to see the Peace kept See Dalton ca. 8. fo 33 34. and Lamb. 135. It has been held That the Constable might Ex Officio take Sureties for the Peace Trin. 35. Eliz. Skarrets Case But it was then the opinion of others that he ought to carry the Offender before a Justice and this is the usual and safest way And 't is held that though a Constable may do what he can to keep the Peace yet he cannot at the request of any man take surety of the Peace Cromp. 6. 12 H. 7. fo 18. a. 3 H. 4. 9 10. Kitchin fo 69. a. Dalton fo 4. 5. ☞ Secondly For the arresting such Arresting persons offensively arm'd Persons as Ride or go Offensively Arm'd you must observe That if any Person shall Ride or go Armed offensively before their Majesties Justices or any other their Officers or Ministers in the time of executing their Office or in Fairs or Markets or elsewhere by Day or by Night in affray of their Majesties Subjects and breach of the Peace or wear or carry any Daggers Guns or Pistols Charged The Constable upon sight thereof may seize and take away their Armour and Weapons and have them apprized as forfeited to their Majesties and may also carry the Persons wearing them before a Justice to give Surety to keep the Peace 2 Ed. 3. ca. 3. 7 R. 2. 13. 20. R. 2. c. 1. Dalton Just ca. 9. fo 35. and 159. But their Majesties Servants in their presence Who may be arm'd and when Sheriffs and their Officers and other their Majesties Ministers and such as assist them to execute their Office and all Persons pursuing Hue and Cry in case of Felony and other Offences against the Peace have lawful Authority to bear Armour or Weapons Dalt ca. 9. fo 36. 5 Co. fo 72. 3 Co. Iust fo 162. The Constables have further Authority to search for Arms but this is by Warrant of which more hereafter As to Riots Routs c. Nota That Sheriffs Suppressing of Riots c. Constables and all other their Majesties Officers shall suppress Rioters and imprison them and all other Offenders against the Peace 17 R. 2. ch 8. All their Majesties Leige people upon Assistants warning shall be assistant to the Justices Commissioners Sheriff and Undersheriff upon pain of Imprisonment and to make Fine and Ransom to their Majesties Stat. 2 H. 5. 8. Dalton J. P. ca. 46. fo 114. It is to be Noted That when three or What may be called a Riot Rout or unlawful assembly more Persons do assemble themselves together to and with the intent to beat or mayhem a Man to pull down a House Wall Pales Hedge or Ditch wrongfully to claim or take Common or a way in a Ground to destroy any Park Warren Dove-house Pond Pool Barn Mill or Stack of Corn or to do any other unlawful act with force and Violence and against the Peace and in manifest terror of
Oaths appointed Conventiclers EVery Constable Headburrough Tithingman Constables must levy Fines c. upon frequenters of Conventicles Churchwarden and Overseers of the Poor are authorized and required to levy the Fines assessed by the Justice of Peace upon those who shall be present at unlawfūl Conventicles upon their Goods and Chattels having first received a Warrant under the Hands and Seals of one or more Justices or Chief Magistrate and forthwith to deliver the Mony so levied to the same Justice of Peace or Chief Magistrate 22 Car. 2. cap. 1. If any Constable Headburrough Tithingman Constables must inform of Conventicles on Penalty of 5 l. Churchwarden or Overseers of the Poor shall know or credibly be inform'd of any Conventicle within his Precinct and shall not thereof inform some Justice of Peace or Chief Magistrate and endeavour to Convict the Parties but neglects his Duty he forfeits 5 l. to be levied on his Goods 22 Car. 2. cap. 1. And the said Officers being Constable May break open the Doors to search for Conventiclers Headburrough or Tithingman may upon a Warrant from one or more Justice or Justices or Chief Magistrate with what aid force and assistance they think fit after refusal or denial to enter break open into any House or other place where they shall be inform'd any Conventicle is held as well within Liberties as without and take into their Custody the persons there unlawfully assembled to be proceeded against according to this Act. But no Peers House is to be searched Peers House unless in presence of a Lord Lieutenant or two Justices of the Peace whereof one to be of the Quorum And Note That the Penalties for a Married Wives Penalty levied on Husbands Goods General Issue Woman living with her Husband shall be levied on the Goods of the Husband And any Person Sued for acting by this Law may plead the General Issue and give the Special Matter in Evidence and shall recover treble Costs 22 Car. 2. cap. 1. But Observe further That now Their Exceptions by Act of Indulgence to Dissenters Majesties Protestant Subjects dissenting from the Church of England and qualified according to the late Statute of Indulgence are exempted from Penalties See Stat. 1 W. Ma. 24. Maii 1689. Provided no Popish Recusant have any Not to extend to Popish Recusants benefit Provided also no Congregation be allowed until the place of Meeting be certified to the Bishop or Arch-Deacon or Justice of the Peace c. And provided That if any Assembly of Dissenters not to keep their Meeting House Doors lock'd or barr'd c. Persons dissenting from the Church of England shall be had in any place for Religious Worship with the Doors lock'd barr'd or bolted during the time of such Meeting together All and every Person that shall come to and be at such Meeting shall not receive any benefit from this Law notwithstanding his taking the Oaths and making and subscribing such Declarations c. as are in the said Act contained 1 W. M. 24 Maii 1689. ☞ You shall true Presentment make of all Bloodshedding Affrays Outcries Rescues or other Offences committed or done against Their Majesties Peace within your Limits This Branch explains it self and it is When and where Constables must make their Presentments the Duty of High Constables and Petit Constables to attend upon aid and assist and execute the Warrants of the Judges of Assize at their Assizes and Gaol-Delivery and the Justices of Peace at their General and Special Sessions and other Meetings and there upon Oath and in Writing if it be required to make Presentment to them of things within their knowledge against the Peace and of such other things as are usually contain'd in Articles exhibited to them for that purpose As concerning Felons Hue and Cry Watch Punishment of Rogues Labourers Servants Apprentices Idle and Suspected persons the Assize of Bread and Beer Weights and Measures Bridges in Decay Alehouses Licensed and Unlicensed Gaming-Houses harbouring Rogues Tipling and Drunkenness unlawful and Unsealed Measures Defect of Highways c. and if they be Charged they must give Account to all the Particulars of their Office and for any neglect or fault therein Justices may punish them by Indictment or otherwise as in other like cases of neglect or contempt of them Note Most of these Things especially those which are common Nusances as corrupting the Air Water or Victuals by Filth or Carkasses c. stopping of the way and passage Deceit in Weights Measures c. Counterfeiting of Wares and the like the Constables c. are to present at Leets and give Information of the Offenders to the intent they may be punished as the Law requires See Bacon's Cases p. 28. ☞ Ninthly You shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace and others who have Authority in this County First observe That it s said a Justice of How the Constables ought to execute the Justices Warrants Peace may direct his Warrant to the Sheriff Bayliff Constable Headburrough Tithingman or any other Officer or any other indifferent Person by Name though he be no Officer See Dalt fo 332. 14 H. 8. 16. But some Acts of Parliament limit the Officers to whom he shall direct his Warrant c. Secondly Note That generally where a When a Justice makes his Warrant beyond his Power c. Justice of Peace hath Jurisdiction and Authority in the matter though he make his Warrant something beyond his power yet is not the Constable c. to dispute it but must Execute it and he shall be Excused as for Example If the Justice make a Warrant to arrest a Man for the Peace or good Behaviour c. and there is no cause for it yet the Officer shall not be punished for Executing the Warrant But it is otherwise where a Justice of Peace makes his Warrant for something to be done out of the Jurisdiction of the Justice or wherein he is no Judge and here the Officer may be punished if he Execute it and therefore may very well disobey it And it behoves an Officer at his Peril to take notice of the Authority and Jurisdiction of the Justice Dalt fo 334. Lamb. 67 94. Cromp. 74. 14 H. 8. 16. 10 Co. fo 76. Neither ought an Officer to obey a Notorious mistakes in a Warrant Warrant that has apparent and notorious mistakes in it as if it command him to levy of a Man 5 l. because he was Tipling in an Ale-House or had Sworn an Oath or the like where the Penalty amounts not to a tenth part or if it requires the Constable to do something not within his Precincts But otherwise where it is regular The Officer to whom such Warrant is directed ought with all speed and secrecy to Execute it Dalton fo 332. And Note a sworn Officer as a Constable Constable not obliged to shew his
The Compleat Constable Directing All CONSTABLES HEADBOROUGHS TITHINGMEN CHURCHWARDENS OVERSEERS of the POOR SURVEYORS of the Highways and SCAVENGERS IN THE Duty of their several Offices according to the Power allowed them by the Laws and Statutes Continued to this present Time 1692. Also Directions for the LONDON CONSTABLES To which is added A Treatise of Warrants and Commitments proper for the Knowledge of All Constables c. LONDON Printed by the Assigns of Richard and Edward Atkins Esquires And are to be sold by Abel Roper at the Mitre and Tho. Beaver at the Hand and Star near Temple-Bar 1692. in the mean time This Treatise was therefore upon Request prepared to supply the Defects of the Former and to be a New Guide for Constables c. but finding it would take up more time than was first supposed and not willing to send it out by Twilight or Naked We had the Patience to Compleat the Work and to add so much of all the late Statutes as concern Your several Offices with many other useful Rules and Observations and offer them to your View at Clear Day not doubting but you will think our Labour well continued our Rules and Observations very profitable and our Title most deserving to be Your c. A Compleat GUIDE for CONSTABLES c. The Newest GUIDE FOR Constables c. CHAP. I. Of the Definition of the Title CONSTABLE of the several names and kinds of Constables of their fitness Oath and Authority BEfore I set down the Duty and Office The derivation of the Constables Title of Constables it may be expected that I should shew something of the derivation and antiquity thereof and tho' there be some difference about it yet it is agreed by most that the word CONSTABLE is compounded of two Saxon words Cuning and Cyng signifying a Prince Lamb. fo 5. 4 Part of Cooks Inst fo 123. or King and Stable or rather Staple signifying a Stay or Prop and so Coningstable by contraction Constable is as much as to say The Prop or Stay of the King This word is diversly used in the Common Law As the Constable or Marshal of England Stamf. pl. Coron fo 65. which Office is discontinued and why it is so See Dyer fo 258. num 39. The Constable of the Tower Stamf. pl. Coron fo 152. 1 H. 4. ca. 13. Stow's Annals p. 812. The Constable of the Exchequer 51 H. 3. Stat. 5. Constable of Dover Castle Camb. Brit. p. 239. West 1. ca. 7. Anno 3 Ed. 1. Constable of the Forest Manwood part prim ca. 13. Stat. 32 H. 8. ca. 38. But the Constables for whose use this Guide is intended are either Constables of Hundreds otherwise High-Constables or Constables of Towns Burroughs Parishes Tithings c. called Petty-Constables Headburroughs Tithingmen c. When Constables c. where first appointed THese High-Constables as some say Lamb. 5. cap. 9. Rast 379. Smith de Rep. Angl. l. 2. c. 25. Dalton's Just of P. c. 16. fo 46. were first Ordained by the Statute of Winchester for the oversight of Armour Watches High-ways Hue and Cry and the like and afterwarde Petty-Constables for their aid and assistance were appointed But others think that by the ancient Common Law they were Conservators of the Peace within their several Hundreds and Limits 12 H. 7. fo 18. Crom. 6 222. That the Hundreds were derived out of See Dalton as before Counties first under the Goverment of Sheriffs but growing too great for their care were divided into Hundreds and that in every Hundred was ordained a Conservator of the Peace who was called the High-Constable See Lamb. Duty of Const p. 9. That these Hundreds also enlarging Burroughs and Towns or Tithings that is to say a Tenth part were appointed and within them also was ordained a Conservator of the Peace or Petty-Constable Others reckon That first the Tenths or Tithings were ordered and after of them were made up Hundreds and of these Counties or Shires so that there is no part of the Kingdom that lieth not within some County of which Counties or Shires one with another there are reckon'd in England XXXVII besides XII in Wale But to reckon either way it appears and High-Constables so at this day continues That High-Constables are properly for the whole Hundred Rape or Wapentake and their Power extends over the whole which do mostly comprehend many Parishes Tithings and Villages That Petty-Constables are for particular Petty-Constables Towns and Parishes within the Hundred and consequently for the aid ease and assistance of the High-Constables but their Authorities are only in such particular Towns or Parishes And That Borshoulders Tithingmen Headburroughs c. are for particular Burroughs Hamlets Villages and Tithings to which their Authority is limited And Note it was the Opinion of the Nota. Learned Sir Francis Bacon That tho' the High-Constables Authority hath a more ample Circuit he did not perceive that the Petty-Constable is subordinate to him from any Commandment that proceeds from his own Authority But it was used That the Warrants and Precepts of the Justices be delivered to the High-Constables who being few in number might better attend the Justices and then the High-Constables by virtue of such Warrants not their own Authority make their Precepts over to the Petty-Constables Bac. C. T. p. 22 30. And this also seems to be only in some Cases as where they are summoned to attend the Justices to make their Presentments and the like This seems to be the general Method Nota. tho' in some large Parishes and particular Places there are and may be several Officers called by the several names of Constable Headburrough and the like And tho' these Inferior Officers be called by several names yet their Offices in their several Precincts and Places are in effect one and the same the Name being only changed However the Office of a Constable seemeth Some Distinction between these Officers to be distinct and of greater Authority than theirs and some have held That Headburroughs Thirdburroughs Borshoulders Tithingmen c. being appointed in a Town or Parish where is also a Constable that they cannot principally meddle because in comparison of them the Constables are Head-Officers and the others but as Assistants to the present Constable tho' in the Constables absence they are chiefly to attend the service And that there are many things which the Constable may do wherein such Headburroughs Borshoulders c. cannot meddle See Dalton's Justice of Peace ca. 1. fo 34. Lamb. pag. 4. 6 9. 51 52 53 54 55 c. See 1 Jac. ca. 7. And yet in Towns and places where there are no Constables but only Headburroughs Borshoulders Tithingmen c. there their Power and Authority is declared to be equal to the Power of a Constable and in all Where their Authority is all one and the same such cases and things their Office and Authority are in a manner all one
are to be done by Land-Rate Land Rate though the Occupier of such Lands live in another Parish These hereafter mentioned are accounted Church-Ornaments c. viz. The Communion-Table and Coverings What are accounted Church Ornaments c. thereof The Communion-Cups the Bread and Wine The Bible and other Books appointed to be kept in Churches The Surplice Pulpit-Cloth and Cushion Washing the Communion-Cloaths and Candles The Clerks and Sexton's Wages and the Expences of Churchwardens and Sides-men about the necessary Affairs of the Parish And all these are to be Rated upon the Inhabitants of the Parish and not on Out-dwellers Out-dwellers Churchwardens are to make Presentments Presentments according to the Articles delivered them and according to the Canons They are to see That all their Parishioners That the Parishioners resort to Church resort to Church Sundays and Holy-days They are not to permit any to stand Idle Walk or Talk in the Church-yard c. Can. 19. Vide the late Act of Indulgence vide antea They are to suffer no Plays Feasts To suffer no Plays c. in the Church Drinkings c. or other prefane Usage to be kept in the Church Chapel or Church-yard nor the Bells to be Rung without good cause to be allowed of by the Minister and themselves Can. 88. They are to suffer no man to Preach Licence to Preach within their Churches or Chapels but such as shall shew their Licence and also to see that the Peace be duly kept in the Congregation and that all Persons Excommunicated Excommucated Persons Church-wardens to Account be kept out of the Church Can. 50 85. At the end of their Year or within one Month after they are to give a just Accoūnt of what they have received and disbursed and to deliver up what Mony or other things belonging to the Church they have remaining in their hands to their Successors by Bill Indented And if they refuse so to do they may either be Presented at the next Visitation Court or else the succeeding Churchwardens may have an Action of Account against them Action of Account Allowances for the same at Common Law But they shall be then allowed all necessary Disbursments and Expences about the Affairs of the Parish Can. 89. 8 Ed. 4. fo 6. In some Cases Churchwardens are joyntly concerned to act with other Officers or else equally impowr'd with them First They are to joyn with Constables In what Acts Church-wardens must joyn with Constables in Apprehending such persons as Disturb Ministers in levying Forfeitures for Swearing or Cursing or for killing Hares Pheasants or Partridges As likewise for Tipling and Drunkenness Profaning the Sabbath destroying Fish unlawfully levying 12 d. for not coming to Church every Sunday c. Also in making Rates for maimed Souldiers or Mariners and conveying Prisoners to Gaol seizing Irish Cattle receiving Rogues brought to them and passing them away In Choosing Surveyors and appointing Days for Working in the Highways c. Which things are before set forth in the Office of The Constable Secondly They are to joyn with the In what Acts they must joyn with the Overseers of the Poor Overseers of the Poor in the Execution of their whole Office and have an equal Authority and Charge with them therein The Particulars whereof are set down in the next Chapter CHAP. XXV Of the Office and Duty of the Overseers of the Poor THese Officers are Yearly appointed Overseers how appointed chosen and made by two or more of the Justices of the Peace of the County whereof one must be of the Quorum dwelling in or near the Parish for which they are elected The Justices therefore are yearly under Their number their Hands and Seals at Easter or within a Month after to appoint two three or more substantial Housekeepers to be Overseers of the Poor and if the Justices make default in such Appointment every Justice of that Division forfeits 5 l. Stat. 43 Eliz cap. 2. Dalton Just P. fo 93. These Officers ought to be substantial They are joyn'd to the Church-wardens Persons having Wealth Wisdom and a good Conscience Dalt fo 93. and are to be joyned and assistant to the Churchwardens of the Parish in the Oversight and Ordering of the Poor of the Parish And to that end the Major part of these Their Actings to be allow'd by two Justices Overseers and Churchwardens may without the rest do any thing belonging to their Office Yet nevertheless they ought to have the Allowance of two Justices whereof one to be of the Quorum to every thing they do These Officers of Overseers and Church-wardens To meet in the Church once a Month. are once a Month to meet in the Church on Sundays after Evening Prayer to consider and advise together of Matters belonging to their Office and to use their utmost diligence in the executing thereof on the Penalty of 20 s. for every Default Penalty But such as have just cause of Absence allowed of by two Justices may be excused Stat. 43 Eliz. cap. 2. And by this it appears That the Church-wardens Church-wardens Authority equal with theirs Their Care of the Poor have an equal Power and Charge with the Overseers and may be punished for their neglect or refusal to meddle Dalton Just P. fo 93. These Officers are chiefly to take care of the Poor either that they Work or be Relieved if not able and also to settle them in their Habitations Note There are reckon'd three sorts of Three sorts of P Poor People 1. Such as are poor by Impotency as Impotent and decrepit Poor by Misfortune Aged and Decrepit Blind Lame Distracted Lunatick tender Infants c. 2. Such as become poor by Casualty as maimed or disabled in their Bodies or Callings undone by Fire and the like or overcharged with Children 3. Such as have made themselves poor Poor by Idleness c. by Riot Idleness Drunkenness c. and such as are dissolute Persons pilfering Vagabonds c. As to the first poor by Impotency c. Full Relief the Overseers are to provide for them that they have necessary Relief and Allowances propartionable to their Needs As to the second sort poor by Casualty Some Work some Relief c. if these be of ability and strength they are to be set on Work by the Overseers and to be further Relieved according to their several Necessities As to the third sort they are also to be Full Work set on Work at the House of Correction and to maintain themselves by their hard Labour so as they may not be chargeable to the Town or Country Yet in cases of manifest Extremity they are to be relieved Charity by the Town See Dalton Just P. fo 100 101. Again as to the first sort poor Impotent Rich persons to Relieve their poor Relations persons not able to work you must observe
case made and provided By and during all which time and term the said N. O. shall and will faithfully serve the said P. Q. his Master in all his lawful Business according to his power wit and ability and honestly and obediently in all things shall behave himself toward the said P. Q. his Wife Children and Family And the said P. Q. for his part promiseth Covenanteth and agreeth That he the said P. Q. the said N. O. in the Art Skill and Mysteâ—… of a Taylor ‖ Or in the Art and and Skill of Husbandry or Housewifery as the case is shall teach and instruct or cause to be taught and instructed the best way and manner that he can according to his knowledge and also to find and allow unto his said Apprentice sufficient Meat Drink Washing Lodging Linnen Wollen Shoes Stockings and all other things meet and necessary for such an Apprentice during all the said Term. In Witness whereof the said Parties to these presents have to the same interchangably set their Hands and Seals the Day and Year first above written Let the Churchwardens Overseers and Apprentice seal and deliver one part to the Master And let the Master seal the other part to them And it may be the better to get the two Justices to signifie their Consent by Indorsment on the Backside of the Indentures Note that Mayors Bayliffs or other Head Officers of Corporate Towns have in their several Precincts like Authority as the Justices of Peace have in the Counties for all the uses and purposes in this Act And the like hath every Alderman of every Ward in the City of London Stat. 43 Eliz. cap. 2. Note this Placing of Apprentices may be to any Man or single Woman or Widdow whom the Officers and Justices think fit to receive them either to learn a Trade or Husbandry or Housewifery And note That all such as are bound Such Indentures are safe to the Overseers c. as aforesaid may safely be received and kept as Apprentices by their Masters or Mistresses to whom they were so bound 1 Jac. 1 cap. 25. 21 Jac. 1. cap. 28. 3 Car. 1. cap. 4. By the Stat. 7 Jac. 1. cap. 3. Mony given How Mony given to put out poor Children shall be employ'd to put out poor Children Apprentices is to be employed by the Corporation or Parson Constables Churchwardens and Overseers accordingly on pain that every of them forfeit five Marks And the Person that takes Mony with such Apprentice shall give Bond to repay it at seven Years end or within three Months after Or if the Apprentice dies Apprentice dye in the mean time then within one year after his death and the like of the death of the Master Mistress Master dies or Dame so as the Mony may be employed for putting out others If a Master c. shall put his Apprentice Master may not take away his Apparel How an Apprentice may be discharged from his Master Overseers to be assisting to other Officers into Apparel he cannot take it away from him though he should afterwards part with his Apprentice Bro. Tresp 93. And note that An Apprentice cannot be discharged from his Apprenticeship but by four Justices at the least in open Sessions by Agreement in Writing under his Masters hand Dalt Just P. fo 79. You may perceive by what has been said before that these Officers are to be assisting in some cases to Constables as for Irish Cattle c. which is left to you observation in reading this Treatise The Overseers are to receive for the Fines and Forfeitures to be received by them Poors use the Fines laid upon such as with Nets Snares or Engins take and kill Fish Conies c. unlawfully without the Owners consent Stat. 22 23 Car. 2. cap. 25. Also a Third part of such as Travel with above five Horses in length See the next Chapter vide Antea Chapter for High-Ways By the Stat. 30 Car. 2. cap. 3. upon the Forfeiture for not Burying in Woolen Ministers Notice to the Churchwardens or Overseers of the Poor under his Hand That no Affidavit is brought to him according to the Statute for Burying in Woolen they are within eight Days after to repair to the Chief Magistrate of any Town where the Deceased was Buried else to a Justice of Peace who upon the Ministers Certificate are to grant a Warrant to levy the Forfeiture viz. 5 l. by distress and sale of the Goods of the Party deceased or in default thereof of the persons Goods in whose House the Party died or the Goods of any that had a hand in putting the Party deceased into any Shroud or Cossin made or lined c. with any thing but Sheeps Wool contrary to this Act or that ordered the same And if such person were a Servant and died in the Masters Family the Masters Goods to be liable And if such person died in the Family of his Parents then the Parents Goods to be liable One part of this Forfeiture to the Poor of the Parish the other to him that will sue for the same Note no Penalty shall be incurr'd where the Party died of the Plague If a Justice be not in the Parish where the Party shall be Interr'd the Affidavit may be administred by any Parson Vicar or Curate in the same County other than of the Parish or Chapel of Ease where the Party is Interr'd and they are to attest the same under their hands gratis Stat. 32 Car. 2. cap. 1. Officers neglecting their Duty by this Forfeitures of Officers Act forfeit 5 l. for every Offence to be recovered by Action brought within six Months after the Offence One fourth part to the King two to the Poor of the Parish and one fourth to the Informer 30 Car. 2. cap. 3. These Officers within four Days after Overseers to Account their Year ended and others chosen are to make a true Account to two Justices of what Monies they have Received and Disbursed what Wares they have in their hands or in the hands of any of the Poor what Prentices they have put out c. 43 Eliz. 2. Dalton fo 96. And they are also to give an Account at their Sessions or to any two Justices at their monthly Meetings of the Name and Quality of every person Interr'd since their former Account and of the Certificates and Account of Certificates and Burials c. their levying Penalties and of the disposal thereof on pain of 5 l. to be levied by distress and sale and their Accounts shall not be allowed till they have accounted for the Burials 30 Car. 2. 3. Upon their last Accounting what is remaining To pay over the Remainder Commitment they shall pay over to the New Overseers if they refuse to account the Justices may send them to Gaol and if after they have accounted they refuse or fail to pay over the Mony in their hands to their Successors
recovered by Action of Debt Stat. 5 Eliz. cap. 13. They may also by this Statute turn a Water-course Water-course hurtful to the Highway into any mans Ditch Owners of Grounds adjoyning to the Forfeitures on such as Trim not their Hedges Highways not keeping their Hedges low and cutting down Trees and Bushes growing over the same forfeit 10 s. Also they that scour not their Ditches next adjoyning to the Ground that is next the Highway to the end the Water may have the better Passage out of the Highway shall forfeit 12 d. for every Rod Stat. 18 Eliz. cap. 10. If any person scours his Ditch and Scourings thrown into the High-way throws the Scourings into the Highway and suffers it to lye there 6 Months forfeits 12 d. for every Load 18 Elix 10. These Forfeitures upon Stat. 18 Eliz. 10. Forfeitures how to be levied to be levied by the Surveyors by distress and sale and in their default not to do it within a Year then the Constables and Church-wardens by Warrant may do it If the Surveyors neglect to present the Forfeiture for not presenting Offences against Stat. 2 3 P. M. c. 8. 5 Eliz. c. 13. within one Month after they shall be committed forfeit 40 s. By the Stat. 22 Car. 2. 12. they are to Return of Defaulters return the Defaulters within a Month after every default to some Justice of Peace who shall present the same at the next Quarter Sessions By the same Stat. 22 Car. 2. cap. 12. no Forfeitures of such as Travel with above 5 Horses in length Carriage with any burthen other than such as are employed about Husbandry and in carrying Hay Straw Corn unthresh'd Coal Chalk Timber for Shipping Materials for Building Stones or Ammunition or Artillery for the Kings Service shall go in any Highway with above 5 Horses in length And if any draw with more Horses or Oxen they shall all draw in pairs except one Horse Owners of Carriages or Beasts One Third to the Surveyors offending shall forfeit 40 s. for every Offence one Third to the Surveyors of the Highways in the Town c. where committed for the Repair of them another Third to the Overseers of the Poor of the Overseers Third Discoverers Third Parish where c. another Third to him that shall discover the same to be imposed and levied as the Penalties imposed by this Act on Constables and Surveyors for neglecting to put the Laws in execution That is to say Every Constable or Surveyor of the Fiue upon Surveyors c. for neglecting their Office Highways neglecting to put the Acts touching Repairing c. Highways in execution or wilfully suffering any Wagons or Carts to pass in any other manner than by this Act is allowed shall upon Complaint to a Justice of Peace by the Oath of one Witness or View of the Justice himself be convicted and incur such Fine as the Justice shall impose not exceeding 40 s. to be levied by the High-Constable or other Officer by Warrant under Hand and Seal of such Justice to be employed for the mending the Highways of the Parish or place where such neglect shall be 22 Car. 2. cap. 12. Lastly observe That two Justices of Surveyors Accounts c. Peace by the Stat. 18 Eliz. may take the Accounts of the Surveyors of the Ways and the petty Constables and Church-wardens for such Forfeitures within that Statute as they have levied Stat. 18 Eliz. 40. Dalton Just P. fo 71. AN APPENDIX HAving spoken briefly in the IVth Chapter of the Constables Duty in executing the Justices Warrant and how the Officer is bound at his peril to take notice of the Authority and Jurisdiction of the Justices I will here set down as an Appendix to the former some further Rules and Precedents touching the nature and effect of Warrants which may be of good use to our several Officers for whom this Treatise is intended A Warrant or rather Summons for making a New Constable c. to be Sworn before the Justices of the Peace This Summons is directed to the Person Elected or intended to be Elected thus To our Loving Friend A. B. of C Yeoman THese are to require you to make your repair to us or some other Justice of the Peace of this County to take the Oath of a Constable or Tithingman to serve within your Town of C. you being Chosen and Ordered by the Leet of your Town to undertake the same Office And herein fail you not as you will answer the contrary c. Or thus WHereas A. B. of your Town the New Constable thereof is by reason of his Age and Impotency very unable and insufficient to execute the said Place These are to require you whose Names are hareunder written to be before me at my House at C. to Morrow or such other time as is convenient by Ten of the Clock in the Morning that I may make Choice of one of you to be Sworn to undertake the said Office And hereof c. Dated c. Note this Swearing of Constables c. by the Justices is only in case of necessity and when 't is long to the Quarter-Sessions or Leet And though it may not be necessary for Concerning Hand and Seal to a Warrant the Justices to put their Seals to these Summons which are directed to the Parties themselves not obliging them to act upon any other person or thing Yet Note that there is a necessity that the Justice of Peace do subscribe his Name to his Warrant commanding an Officer to act upon some other person or thing Tho' to put his Seal in every case is not required for in a Warrant of the Peace or Good Behaviour it is thought not to be needful nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But where the Law says that he may or shall do it by Warrant under his Hand and Seal there it must be under his Hand and Seal or it is not good And it is now usual and most safe for a Justice to put his Seal to every Warrant after this manner And hereof fail you not at your perils Given under our Hands and Seals or Day and Year of making the Warrant my Hand and Seal as the case may be this first Day of January in the Third Year of the Reign of King William and Queen Mary Annoque Dom. 1692. Or thus Sealed with our Seals or Sealed with my Seal and Dated the first Day of January in the Third year c. Annoque Dom. 1692. Note That if the Warrant express the place where it was made as Dated at D. and given under my Hand c. though it was not really Dated there yet the Warrant is good and shall be taken to be dated where the Warrant doth say it was dated The Rules that have been observed to the compleating a Justices Warrant