a Quaker and then according to the late Statute for taking the Oaths c. his Affirmation will hold good in lieu of an Oath he may be bound over by the Justices to the next Sessions or Assize and there Prosecuted for a Contempt But passing over these I now come to direct the Constable c. in the more material Parts of his Office wherein he may readily order and manage his Affairs in d scharge of his Duty without running into Inconveniences or Hazards that may being Trouble and Charges upon him for whatever the Fancy of some is a Constable is no more a Priviledged Man than any other where he exceeds the Bounds of his Office in unaccountable Actions And the first Particular I shall offer is his Duty in Serving of Warrants directed to him by Justices in Commission for the Peace or other Magistrates having Power to grant Warrants and how far he may be safe in this and where he may err CHAP. XLIII The Office and Duty of a Constable Headborough c. in Serving or Executing Warrants directed to him by Justices in Commission for the Peace c. IF a Warrant be brought to a Constable or other Sworn Officer his safest way is to Charge the Party making the Plaine to Assist him in the King's Name and shew him the Party or Parties mentioned in the Warrant unless himself be well acquainted with him or them lest a Mistake by the Names agreeing may run him into an Error in taking the wrong Party and if he be a Sworn known Officer he may refuse to shew his Warrant but must declare to the Party he goes to Arrest what is therein charged against him but it is otherwise where a Warrant is given to be served by one who is not a known Sworn Officer as a Justices Servant c. For there upon demand he must produce the Warrant or the Party on whom it is Served may refuse to Obey and Lawfully Resist If a Constable Arrest a Man or Woman in the Kings Name pretending he has a Warrant and at that time has none but presently goes and gets one the Party may bring an Action of false Imprisonment against him and recover such Damages with Cost as shall be Awarded Coke 6.69 If a Constable have a Warrant against A. B. the Son of L. B. and he takes into his Custody A. B. the Son of R. B. though he happen to be the Offender against whom the Complaint was made yet he goes from his Warrant and doing thereby an unjustifiable Action there lies an Action of false Imprisonment against him 10 E. 4. Fol. 12. If a Constable Arrests a Man with a Warrant from a Justice of the Peace and having him in Custody takes his Word to come again another time by his so dismissing him the Warrant is void and cannot be Served again But if a Rescue be made or the Prisoner Escapes without the Officer's Consent then upon fresh Pursuit he may take him with the same Warrant as often as he is Rescued or Escapes and may pursue him into another Town or County though he be out of sight C ompt 214. a. and 184. Cro. 53 114. If a Justice send a Warrant for a Matter wherein he hath Jurisdiction though he goes beyond his Authority yet the Officer is bound to obey it and his producing his Warrant saves him harmless the Justice being then to answer for it but on the contrary if a Justice Issues out a Warrant for a Matter out of his Jurisdiction where he is no Judge of the Cause the Constable is not bound to Obey it for he is bound to take notice of the Jurisdiction and Authority of the Judge and where the Justice as is said can be no Judge of the Matter charged in the Warrant he is no more bound to Obey him than if he had no Commission 14 H. 8. Co. 10. â—6 If a Warrant be directed to an Officer to serve on a Person for ordinary Matters the Warrant not specifying the Cause but only to answer to all such Matters as shall be objected against him or her this is held to be an illegal Warrant and the Officer that Executes it lies liable to an Action of false Imprisonment Cook 's Institutes part 4. Tit. de Frangent Prison However for Reason of State Warrants for Treason or such as are Granted by the Lords of the Privy Council Secretaries of State or the Lord Chief Justice of England these need not set forth the Cause by reason they are usually granted on Matters of great Importance where Secrecy is required If any Party be taken by a Legal Warrant and make Resistance the Constable in the King's Name may command Assistance and if the Resisting Party be Beaten or Wounded the Amends is in his own Hand for Opposing the King's Authority but if the Constable or any of his Assistants be Beaten or Wounded the Party is Indictable as likewise liable to an Action at common-Common-law and if any of them Die of the Beating and Wounds within 12 Months it is Murther Persons refusing to assist a known Sworn Officer charging them in the King's Name lye liable to be bound over to the Sessions and Fined at the Discretion of the Justices and the like for those that shall contemn or abuse a Justices Warrant by tearing treading under Foot or any way defacing it c. over and above being bound to the good Behaviour for it is a Contempt against the King's Process Crompt 144. CHAP. XLIV The Office of a Constable c. How it ought to be executed relating to Affrays c. IF a Constable be present at an Affray he may command the standers by in the King's Name to assist him in keeping the Peace and upon Complaint of the Constable the Inquest may Indict the Party refusing and be F ned by the Justices at their Sessions for refusing to do his Duty If a Constable or other such like Officer be present when one Man or Woman Assaults another or with violent Words threatens to beat or kill any one and be in a fury ready to break the Peace In such case the Constable Headborough c. may commit the Offenders to the Stocks or some other safe place of Custody till he can carry them before a Justice who may upon Complaint compel them to find Sureties for the Peace or good Behaviour and for want of such Sureties commit them to Prison 3 Hen. 4 9 and 10. Bacon's use of the Law c. Where any Affray is like to be the Constable in the King's Name may command them to depart on Pain of Imprisonment and if they refuse he may take them into Custody or Indict such as refuse if any harm be done at the next Sessions and if a Constable be present at an Affray and does not his Endeavour to prevent it and seize the Offenders he lies liable upon a Presentment of the Jury to be Fined Dalton's Justice of the Peace c. 1. Fol. 4. 5. A
seemeth that he may be Indicted for they may inquire of all Trespasses where a Man may have his Action of the Case Crompt 121. a Num. 21 and 122. a Num. 29. A Justice of the Peace Certifying into the King's-bench that such a one broke the Peace in his Presence the Party shall be put to his Fine without a Traverse to the same Cromp. 132. a. A Justice of the Peace who is of the Quorum ought to be Resident in the County where he is a Justice of the Quorum 2 Hen. 5. Chap. 4. Cromp. 122. a. Num. 32. The Justices at Newgate sit by Virtue of 2 Commissions Goal Delivery and Oyer and Terminer 4 Eliz. Chap. 2. And where the same Persons are Justices of Goal Delivery and Oyer c. They may sit the same Day and Place and inquire by the same Jury yet the Entry of the Records must be several as the Indictment is Dalt 168. A Justice of the Peace commandeth one by his Precept under Penalty of 10 l. to be at the Quarter Sessions next ensuing it and he appeareth not no Scire Facias shall go forth more than if there had been a Subpoena however it seemeth he shall be Attached to be at the next Sessions upon Contempt Cromp. 123. a. Num. 9. CHAP. III. What one Justice of Peace may do by Power and Virtue of his Commission without requiring to be joyned with another or more in Acting in what relates to his Office HE may cause all such as are fit to Work in Harvest or Hay-time and after Licence them to go unto any other County He may Rate the Prizes of deceitful Malt to be sold by 2 Edw. 6. 10. He may compel one fit in his Discretion to be bound Apprentice by 5 Eliz. 4. He may it seems give Directions to Watchmen Keepers and Searchers of infected Persons Crompt 126. b. He may cause to be Whipped Trespassers in Orchards Corn Hedges or Woods not able to give any Satisfaction And it seems he may hear and determine by Examination or otherways by his Discretion the Offences committed in Tile-making One Justice of Peace may command Vagrant Persons to Prison if they will not serve He may upon his View of forceable detainer Record it by 15 Rich. 2. Chap. 2. Dalt 81 82. He may Punish Deceit in Cloth by Tenters c. He may cause High-ways to Markets to be enlarged and cleansed of Trees and Bushes 13 Edw. 1. Chap. 5. He may Punish Keepers of Places for unlawful Games and the Players at those Games He may Punish Prophane Swearing in his Presence made out by Testimony or Conviction by the Party 's own Confession He may Punish Offences in Watermen and Transporters of Corn. He may Punish Defaults of Collectors of Sheriffs Amercements and of Bayliffs of the Hundreds Soldiers that Purloin their Horse or Harness He may prevent a Riot stay it and Commit them that are concerned in Acting of it One Justice of the Peace upon Complaint may Commit till the Assizes or Sessions any Popish Recusant Convicted above 18 Years of Age under the Degree of a Baron so for refusing the Oath of Allegiance 7 Jacobi 1. Chap. 6. He may cause to be set in the Pillory in the next Market-town Persons Convicted of Breaking the Assize of Fuel and not able to pay the Forfeiture with a Billet or Faggot bound to his Body 7 Edw. 6. C. 7. Quaere whether one alone can Commit him He may cause an Unlicensed Ale-house-man openly to be Whipped after Conviction where there is no sufficient Distress to pay the Penalties 3 Caroli 1. 3. He may upon View or Proof by two Witnesses Warrant the Levying 20 l. Forfeiture for an Unlicensed Ale-house to be given to the Poor One Justice may demand the Peace against an other Man Lamb. 81. And he may Punish Persons going or riding Armed contrary to the Statute of 2 Edw. 3. A Justice may inquire of Felo de se hid or cast into the Sea where the Coroner cannot have the View of the Body 3 Inst 55. And he may send Writs for Fugitive Labourers by 2 H. 5. C. 4. St. 1. He may take an Information out of the County against an Offender in the County 1 Cro. 213 So a Recognizance to Prosecute by Assent of the Parties out of the County but cannot use Coercive Power Ibid. A Justice of the Peace Inhabiting in the Hundred where one was Robbed may if he be at York or London take the Party's Oath being but an Examination and no Act of Jurisdiction A Justice of Peace in London ought to send Felons to the Common Goal not to the Counters 1 Co. 120. He may take an Indictment of Barretry without a special Commission 2 Cro. 32. A Justice in open Court may alter the Panel or a Jury Sworn only for the King 2 Co. 59. One Justice of the Peace is sufficient to certify carrying of Corn from one Place to another to sell against the Statute of Fore-stalling joyned with the Customer He may Bind a Cheater to his good Behaviour c. Dalt 63. 7 Jacobi 1. He may Convict of Drunkenness by 12 Jacobi 1. C. 7. He may Seize the Goods of Gipseys within a Month after their Arrival c. By the 22 Hen. 8. C. 10. He may Record a Riot in his View and Commit the Rioters or bind them to their good Behaviour but single or alone proceed no further Dalt 195. He may punish Spoilers of Fish-ponds and cause their Nets to be cut and burnt 17 Rich. 2. He may take the Claim of a Horse Stolen 31 Eliz. 12. He may Examine and Bind over unlawful Hunters in the Night time c. 1 Hen. 7. C. 7. The like of taking or killing Conies in the Night-time 22 23 Caroli 1. He may compel a Vintner to draw a Man Wine who demands it and offers Payment 24 Hen. 8. Dalt 242. He may Convict of the Breach of the Lord's day against Stat. 29 Caroli 2. And may allow of Cause for Travelling in a Boat on the Lord's-day according to the said Statute CHAP. IV. The Power of two Justices of the Peace Acting joyntly within the Compass of their Jurisdiction by Virtue of their Commission and Office c. TWO Justices of the Peace upon View of a Riot or Rout may Record the same and with the Sheriff or under Sheriff 13 Hen. 4. C. 7. Crompt 16. Num. 9. to inquire by a Jury and fine the Rioters Dalt 195. Quaere Two Justices on Complaint that a Servant departed before his Term ended c. Are to Examine and Commit if they see Cause See more of Labourers and Servants of a Constable c. They may Bind one to the Quarter-Sessions to Answer his Offence against a penal-Penal-law Lamb. 187. Vide Dalt They may Allow and discharge an Ale-house-keeper at Discretion There must be two Justices of the Peace for appointing Overseers for Woolen-cloth for a Year c. So to convene Persons fit to discover any Offence in the
to do that then immediately you do convey the said T. L. to the common Goal of the said County there to remain until he shall be willing to do the same and see that you certifie your Doings in the Premises to the Justices of the said Sessions and have there this Warrant Dated at c. The Form of a Warrant to search for Stolen Goods Com. Surrey To the Constables of R. c. and to either of them Whereas Complaint hath been made to me W. C. Esq one of the Justices of the said County by L. G. of C. That upon Tuesday Night last he had Feloniously taken from him certain Goods here name them And that he is given to understand that there are divers Parcels of such Goods in the Hands or Houses of divers suspected Persons within your Town These are to Will and Require you and in His Majesty's Name straitly to Charge and Command you that immediately upon the receit hereof you make diligent search in all and every such suspected Houses and Places within your Town and Parish as you and this Complainant shall think convenient and it upon your said Search you find any of the said Goods or any other just Cause of Suspicion that then you bring all such suspected Person as you shall find together with the said Goods before me or some other of His Majesty's Justices of the Peace for the said County to make Answer thereto and hereof fail not at your Peril Dated c. The Form of a Warrant to search after a Robbery Committed directed to the High Constables Whereas there have been of late many Robberies committed about D. Now for the better finding out such Lewd Persons we whose Names are here under-written being his Majesty's Justices of the Peace for the County of Middlesex have thought fit and do hereby Will and Require you in His Majesty's Name that forthwith you direct your Precepts to every Petty Constable within your several Hundreds Commanding them to make Search in all Inns Ale-houses and other suspected Houses within your Precincts for all such Persons as are Masterless or out of Service as also for all Idle Vagrant wandring Rogues Beggars and other Persons And further that they the Petty Constables within the Precincts do take Examination and account of all those and such other Persons as be common Ale-house-haunters or which expend their Money in Riot or which do not Labour for their Living and have not whereon to Maintain them and that the same Searchers be holden all over your Hundreds the same Night and at such other several times as in your Discretions shall seem meet And if any such Persons shall be found in the same Searches and that upon yours or the Petty-Constables Examination taken of them or any of them there shall be found any Cause of Suspicion in them or any of them that then they bring the said Persons so suspected before us or some one of us or some other of the Justices of the Peace of this County to be further Examined in the said Causes and to be further dealt withal according to Law and Justice And for the better doing hereof we require you to Command in His Majesties Name that every Petty-Constable within their respective Precincts do Require and Charge two chief discreet Head-boroughs in every Parish to Assist the Petty-Constable in this Service And hereof fail not at your Peril c. Dated c. The Form of a Warrant for a Person who hath dangerously Hurt or Wounded another c. Surrey To the Constables of C. c. Forasmuch as I am Credibly informed that C. G. of your Town Carpenter hath now or lately dangerously Hurt or Wounded one G. F. of your said Town Brick-layer by a Blow or Blows which he hath given to the said G. F. on the Face and Head c. So that the said G. F. is in danger of Death thereby These are therefore in His Majesty's Name straitly to Charge and Command you that immediately upon sight hereof you or one of you do bring the said C. G. before me or some other of His Majesty's Justices of the Peace of this County to find sufficient Sureties as well for his Appearance before His Majesty's Justices at the next General Goal-delivery to be holden for the County then and there to Answer unto the Premises and to do and receive therefore that which by the Court shall be Enjoyned him as also that he the said C. G. shall in the mean time keep the King's Peace towards his said Majesty and all his Liege People and especially towards the said G. F. and hereof fail not at your Perils Dated c. The Form of a Warrant for a Reputed Father of a Bastard-child Surrey To the Constables of P. c. Whereas Complaint hath been made unto me L. C. Esq one of His Majesties Justices of the Peace for the said County by M. G. of your Town single Woman that she is gotten with Child by R. B. also of your said Town Barber These are therefore to Will and require you and in His Majesty's Name straitly to Charge and Command you and either of you that immediately upon Receit hereof you Attatch the Body of the said R. B. and thereupon bring him before me or some other of His Majesty's Justices of the Peace for the said County to find sufficient Sureties as well for his Appearance at the next General Sessions of the Peace to be holden for this County as also for his good Behaviour towards His Majesty and all his Liege People in the mean time and hereof fail not as you will answer the contrary at your Peril Dated c. CHAP. XIX An Order of the Justices of Peace for a Bastard-child The Order of L. C. Esq and R.G. Esq two of His Majesties Justices of the Peace for the County of S. made for the Relief of the Parish of C. of the said County for the keeping of E. a Bastard-child Begotten by R. B. of C. c. On the Body of M. G. c. Imprimis Upon the Examination of the said M. G. duly by us taken we do find that the said R. B. is charged to have divers times Bodily and carnal Knowledge between such Times Here name the Times and to be the only Father of the said Bastard-child c. And therefore we do Order and Adjudge him the said R. B. to be the Reputed Father of the said Child We do further Order as followeth First That the said M. G. shall keep her said Child till it come to 8 Years of Age. Secondly That the said R. B. upon notice of this Order shall after such Notice pay unto the Hands of one of the Overseers of the Poor of C. for the Time being after the Rate of 2 s. 6 d. every Week to be paid Monthly every Year towards the Relief of the said Child until it come to 8 Years of Age. Thirdly That after the said Child shall come to the Age
of 8 Years c. That the said R. B. pay to the Overseers c. Five Pounds towards putting out the said Child to be an Apprentice c. Fourthly That the said R. B. presently give good Security to one of the Overseers c. To perform this our Order ☞ Note that by altering the Names and Sum as the Order in that Case shall be made This Order in Form with the Variation of the Town and County may generally serve on this Occasion The Form of a Warrant for a Fugitive Servant Middlesex To the Sheriffs c. Whereas G. C. being Lawfully Retained in Service with M. B. of D. c. is departed from his said Master's Service before the end of his Term without his Master's Leave or License or without any reasonable Cause contrary to the Laws and Statutes of the Realm in this behalf provided These are therefore to Command you and every of you that you or some of you do Attach the Body of the said G. C. and bring him before me or some other of His Majesty's Justices of the the Peace to find sufficient Sureties well and faithfully to serve his said Master according to the Covenant between them made And if he shall refuse thus to do that then you cause him to be conveyed safely the Common-goal of the County aforesaid there to remain till he shall be willing to do the same and see you certifie such your Doings at the General Quarter-Sessions of the Peace to be held for the said County Given under the Hand of me W. S. one of His Majesties Justices of the Peace within the said County Dated c. Or thus That if the said G. C. is willing his said Master to serve again you do cause him to be delivered and if that to do he shall refuse that then you cause him to be conveyed to the Goal c. To Bind one to give Evidence Surrey To the Constables of B. c. These are in His Majesties Name to Charge and Command you or either of you that immediately upon sight hereof you or some of you do cause to come before me or some other of His Majesties Justices of the Peace for the said County the Persons hereunder named to the end that they and every of them may be bound to make their Personal Appearance at the next General Goal delivery or Quarter-Sessions to be holden for this County then and there to testifie their and every of their Knowledges concerning certain Felonious Acts committed by one C. D. now Prisoner in the Marshals's Prison in Southwark the Common Goal for the County aforementioned and hereof fail not at your Peril Dated c. The Form of a Hue and Cry after Robbery c. To all Constables and others His Majesties Officers as well within the County of Warwick as elsewhere within the Realm of England Whereas Complaint hath been made unto me T. C. Esq one of His Majesties Justices of the Peace within the County of Warwick by J. C. of D. c. Grasier that upon Wednesday Night last being the 18th of October Instant he was Robbed of one Hundred Pounds in Monies numbred by two Foot-padds on the Road or King's High way between D and C. in the Day time and hath Cause of Suspicion of A. B. and C. B. two Lewd Rogues Here describe their Persons and Apparel Setting down all such Marks as they may be known by These are to repaire you and every of you to make Search within your several Precincts for the said A. B. and C. B. And also to make Hue and Cry after them from Town to Town and County to County and that as well with Horsemen as Foot-men and if you shall find them the said A. B. and C. B. both or either of them That then you carry the Party or Parties so taken before some one of the Justices of the Peace within the County where he or they shall be taken by him to be dealt with according to Law c. ☞ And thus you may do putting one two or more Names in according as the Case requires whether a Robbery on the High-way or a Felony and Burglary committed in a House or such like in Barns Stables Out-houses Stealing of Horses or other Cattel always describing the Parties in the Hue and Cry So that they may be known as also the things taken that if the whole or any part be found about them or in their Possession the may be known and brought as a Testimony against them upon Examination The Form of a Warrant to Attatch a Felon or for Felony Essex To the Constables of D. c. Forasmuch as Complaint hath been made unto we by W. W. That of late he hath had certain Gods Feloniously taken from him and that he hath in Suspicion one L. C. of your said Town These are therefore to Will and Require you and in His Majesties Name straitly to Command you and every of you that immediately upon the receit hereof you do Attatch the Body of the said L. C. and thereupon to bring him before me to Answer the Premises and hereof fail not at your Perils Dated c. CHAP. XX. A Warrant for the Overseers of the Poor to give up their Accounts Surrey To the High Constable of the Hundred of B. c. These are in His Majesties Name to Charge and Command you forthwith to give notice to the Church-wardens and other Overseers of the Poor of every Parish within your Hundred that they do Personally appear before us at Kingston upon Thames at the Sign of the Swan on Thursday the 29th of December next coming by 10 of the Clock in the Morning or Forenoon of the same Day to yield up and make a true and perfect Account in Writing Subscribed with their Names or Marks of all such Summs of Money as they have received or Rated and Sessed and not received for and towards the Relief of the several Poor of their several Parishes and also of such Stock to set the Poor on Work as is in their Hands or in the Hands of any of the said Poor and of all other things concerning the said Office and hereof that they fail not at their and every of their Perils And further we require you that you give warning to the Petty-Constables of every Town within your said Hundred that they or one of them be also then present before us to Inform and Certifie us of the Names of such other Persons as are meet and fitting to be Overseers of the Poor within their several Towns for this Year next ensuing and hereof fail not at your Peril ☞ Note that this Warrant must be under the Hands and Seals of two Justices at the least the one to be of the Quorum◠The Form of a Warrant to the new Overseers to take their Charge Middlesex To the Overseers of D. c. By Virtue of a Statute made in the 43 Year of the Reign of our Sovereign Lady Queen
supradictis ☞ Note that none of these Releases will discharge the Recognizance or Appearance of the Party bound thereby but that he must appear according to the Condition of the Recognizance for the Safe-guard of his said Recognizance Brief Directions or Helps to Gentlemen of the Grand and Petty Juries whereby those that are not used to be on Juries may inform them in many Material Things concerning the Weighty Trust reposed on them in discharge of their Duty CHAP. XXVI Somewhat of the Antiquity of Juries What things they must consider and how they ought to be Qualified to be Jurors IN this useful Book promising to say somewhat of Grand and Petty Juries to give those an Insight into what they ought to know who take so great a Trust upon them when sworn Jurors to enquire c. The Tryal by Juries is very ancient in this Kingdom and it is our Happiness above other Nations that a Man has so great a Benefit to be Tryed by his Equals Men unprejudiced and unbyassed to deliberate upon Hearing the Evidence and Weighing in their Consciences the Merit of the Cause This way in some degree was not unknown to the ancient Britains as by some of their Books and Monuments of Antiquity appears and we find it practised by the Saxons as Mr. Lambert makes Remarks in King Ethelred's Laws Page 118. and Cook 1 part Institutes Folio 155. and since more amply confirmed after the Norman Conquest by Magna Charta Every Day growing more and more in Esteem because no Man's Life unless it be in Parliament which is a Supream Court and is supposed will never do any Man wrong shall be touched for any Crime whatsoever but upon being found Guilty on two several Tryals for so may that of the Grand and Petty Jury be rightly termed and the Judgment of twice Twelve Men at least all of his own Condition viz. 12. or more to find the Bill against him and 12 more to find him Guilty or Acquit him on the General Issue All which Jurors ought to be Substantial Honest and Impartial Men being Neighbours of the Party Accused or supposed Place where the Fact was committed A Jury in this Case upon hearing the Evidence must be fully satisfied in their Consciences that the Party is guilty and so unanimously pronounce him upon their Oaths or else he may not be condemned for the Office and Power of these Juries is Judicial from whose Sentence the Indictment is to be valid or invalid or to speak plainer the Party Indicted to be found Guilty or Acquitted for from their Verdict there lies no Appeal As for the Qualifications of such as are to be upon Juries the Law has provided that they shall be Persons of Honesty Ability Integrity and Indifferency and Coke in the first part of his Institutes Sect. 234. Folio 155. says that a Juror must be Liber Homo not only a Freeman not bound but one that has such Freedom of Mind that he stands indifferent Sworn as he stands unsworn that he must be Legalis Lawful and by the Law these Properties are required in a Juror 1. He ought to have his dwelling most near to the place where the Question does arise or is moved 2. He must be most sufficient both in competency of Estate and understanding 3. He ought to be least suspicious viz. be indifferent as he stands unsworn and then He is accounted Liber Legalis Homo otherways it is held he may be challenged and not sworn for the Prisoner may challenge 35 in case of Treason and 20 in Case of Felony without shewing Cause and as many more as he can assign just Cause against In brief Jurors must be free from all manner of Bondage Obligations Affections Relations and Prejudices they must be the Peers or Equals of the Party they are to try and of the full Age of one and Twenty or upwards They were antiently all Knights as you may find it in Glanvil and Bracton and still must be Men of Worth and good Repute and as they are returned by sworn Officers of the Sheriff so they of the Petty Jury are to be sworn severally on every Tryal the better to mind them of their Oath or they to be charged upon their Oath with each Party they are to try CHAP. XXVII Of Indictments Presentments and the difference between them the Oath administred to the Grand Jury and how they ought to enquire c. THough both of them as I have said are Juries yet there is made a small distinction between them in the Title as Grand and Petty Juries The first is so called as it seems because it usually consists of a greater Number than the other as 17 19 21. or the like yet they can make no Verdict or Presentment unless Twelve of them at the least agree and then though the rest consent not it is held sufficient And they are further so called because they generally are of the greater quality and likewise in regard of their Power because their Office is more great and general extending to all Offences throughout the whole County for which the serve as Jurors The Petty Jury commonly called the Jury of Life and Death consisting of 12 Men are all to agree in a Verdict or the Verdict cannot be taken and is no Verdict The Grand Jury or Grand Inâ—uest for so they are often called have Principally two things in their Consideration viz. Indictments and Presentments Indictments are those that are usually drawn up in Form at the instance of the Prosecutor or by the Order of the Courts and then brought before and delivered unto the Grand Jury and the Witnesses Sworn attend them to be Examined by them upon the Oath they have taken and according as they Credit or Discredit the Evidence or find cause they Indorse the Indictment Billa vera or Ignoramus it is a true Bill or we are ignorant the latter concluding the Jury does not find the Matter or there does not upon Evidence appear a sufficient Ground for the Accusation that the Party's Life or Reputation should be brought into Question or Dispute As for a Presentment it is when of their own Knowledge or upon Enquiry the Jury themselves do take Knowledge of a Nusance or Offence to the Injury of the Publick which they think fit to have removed or punished and of which they Inform the Court to that purpose briefly in Writing without Form viz. The Nature of such Offence or Thing and the Persons Name and Place who is the Agriever or where the Nusance is being a Ground and Matter whereon to Form an Indictment the Presentment differing from the Indictment in two Particulars viz. It s not being drawn up in due Form and whereas the Indictment is commonly drawn up by the Order of the Court or the Instance of some Prosecutor as is said The Presentment on the other Hand is always Originally the Act of the Grand Jury The Form of the Oath Administred by the
till the Morning and such as refuse to obey they may levy Hue and Cry in pursuit of them And where they resist if the Watchmen beat them it is justifiable and to secure them they may put them into the Stocks or Cage till the Morning and then if they give a good account of themselves or that no further Suspicion appear but that they may be honest people they may let them go but if otherwise then they are to deliver them to the Constable who is to convey them before a Justice to be examined who may commit them bind them over or utterly discharge them according as he finds Cause The Watch in this Case is to Apprehend such as Ride or go Armed Scouts Evesdroppers Noctivagrants Night-walkers and all sorts of Rogues and Vagabonds c. 1 Dalt Chap. 60. Folio 140. 5 Hen. 7. 5. 5 Edw. 3. 14. The Watch so set by Authority must be Men Healthy and of able Bodies and do their Duty sufficiently Armed and no person not being an Inhabitant within the Town or Parish where the Watch is kept can be compelled to Watch. The Inhabitants are to take their Watching in turns as it comes to them by the Number of Houses as the Custom of the place has been and may not by compelled out of order by the Constable to do it If any Inhabitant be lawfully Warned in his Turn by the Constable to Watch and refuses it he may Present him at the next Sessions or Assize or to make his Complaint to a Justice of Peace who has Power to bind him over to his good Behaviour and so continue him to the next Assize or Sessions to answer the Contempt and this is the surest way though Dalton holds the Constable Ex Officio may set him in the Stocks for such Contempt If a Constable or any private person do make a Refusal to attend on a Justice of the Peace being so Requested to do in order to remove a Force or convey any party to the Goal for such a Neglect of his Duty he may be Imprisoned and over and above Fined to the King 15 Rich. 2. Chap. 2. Dalt Just P. Chap. 22. Folio 57. CHAP. LX. The Office of a Constable relating to Hedge-breakers Destroyers of Vnderwoods c. THE Constables Headboroughs Tything-men c. are Impowered to Apprehend or cause to be Apprehended any such persons they suspect to have carried away any Burthens or Bundles of Poles Underwood young Trees or the Bark of any Trees Pales Rails Gates Posts Hedge-wood Broom Furzes or any Bundles of Wood c. And by Warrant under the Hand and Seal of one Justice may enter into the House or any place belonging to the House of such Offender or person suspected and where they shall find any such Wood c. To Apprehend the party suspected for cutting the said Wood and those in whose Custody it is found and to carry them before a Justice of Peace in order to be examined and if no sufficient Account can be given how they Lawfully came by it or shall not within a Time Limited prove who he bought it of then shall he stand Convicted of cutting and spoiling Wood within the Statute of 43 Eliz. and for the first Offence shall give such Satisfaction to the Owner as the Justice shall appoint and over and above pay to the Poor where the Offence was committed such Summ as the Justice shall Amerce him in not exceeding ten Shillings and for Non-payment the Justice has Power to Commit the Offender to the House of Correction for a limited Time as he shall think fit not exceeding one Month or at his Discretion to be Whipped by the Constable or other Officer For the second Offence the Offendor is to be sent for one Month to the House of Correction and there to be held to hard Labour and upon a third Offence to be Punished as an incorrigible Rogue 15 Caroli 2. Chap. 2. If any Person procure for Mony any Burthen of Sticks Wood or Under-wood c. of such Persons as may reasonably be suspected to have gotten them Unlawfully and a Complaint be made to a Justice of the Peace and it appear upon Examination that the Wood so bought was Unlawfully come by the Justice may compel the Party who bought it to pay treble the value to the proper Owner and for want of such Payment upon Warrant granted the Constable may Levy it by Distress and Sale of Goods rendring the over plus to the Owner if any there be and in defect of wherewith to make Distress to Commit the Party to the Goal at his proper Charge to continue there for the space of a Month not liable to Bail 15 Caroli 2. Chap. 2. ☞ Note that by Virtue of this Statute no Person is to be punished that for the same Offence has ben punished by a former Law and every Offender to be brought within the force of this Statute must be Prosecuted within 6 Months after the Offence is committed CHAP. LXI What is required of a Constable in the Performance of his Office in case of Landlord's Distraining for Rent c. ACcording to the late Act made the 1st Day of June in the second Year of W. and M. 1690. If a Distress be made on the Premises and the Tenant or Owner of the Goods or Chattels so Distrained do not within five Days after the Distress made and notice thereof given with the cause of such taking left at the chief Mansion-house or most noted Place on the Premises charged with the Rent for which the Distress is made Replevy giving sufficient Sureties to the Sheriff according to Law That then the five Days expired the Person so distraining has Power with the Sheriff Under-Sheriff of the County or with the Constable of the Hundred Parish or Place in which such Distress shall be taken who by this Statute are required to be Aiding and Assisting to cause the Goods and Chattels so taken in Distress to be Appraised by two Sworn Appraisers whom the Sheriff Under-Sheriff or Constable are by this Act Impowered to Swear to Appraise the same truly according to the best of their Understandings And such Appraisement made Seisors may lawfully Sell and Dispose of the Goods and Chattels for the best Price that may be gotten for the same towards Satisfaction of the said Rent for which the Distress is made and of the Charges of such Distress Appraisement and Sale leaving the over-plus if any be in the Hands of the Sheriff or Under-Sheriff or Constable for the Use of the Owner And the â—oods being left on the Premisses till Sale can be made as aforesaid upon any Pound Breach of Corn c. or Rescues of Goods or Chattels Distrained for Rent the person or persons thereby Aggrieved shall upon a special Action of the Case for a Wrong thereby sustained recover his or their Treble Damages and Costs of Suit against the Offendor or Offendors of such Pound Breach or Rescues any or either
Common Pleas. Dy. Dyer sometimes Lord Chief Justice of the Common Pleas. Dr. certain Directions or Resolutions of the Judges of Assize Anno 1643. Co. Sr. Edward Coke sometimes Ld. Chief Justice of the King's Bench viz. his Book of Reports Co Lit. Sr. Edw. Coke's first part of his Institutes upon Littleton Fi. M. Hen. Finch Apprentice del Ley. P. Pl. Plow Mr. Plowden's Commentaries Ras. or Rast Rastals Abridgment oâ— the Statutes Lib. Intr. The Book of Entries Cr. Cro. or Crom. Cromptons Justicâ— of the Peace P. Po. or Pol. Mr. Polton's Abridgâ—ment of the Statutes P. R. Mr. Polton deâ— pace Regis B. A. Sr. Francis Bacon his Elementâ— of the common Law B. A. V. his use oâ— the Law Resol of the Judges Resolution of the Judges of Assize Anno 1633. to certain Queries Wing Wingates Abridgment of the Statutes As for the Statutes cited I conclude they are easy to be directed to by what is set down from the Names of the Kings and Queens as 2 R. 2. the Second of Richard the second 6 Hen. 7. the sixth of Henry the 7. P. M. Philip and Mary El. or Eliz. Queen Elizabeth Jâ—c or Jacobi I. King James the first and so of others For where there have been more Kings of a Name than one the figure is set down to distinguish that King in what Reign the Statute was made from the rest as Edw. 1. Edw. 2. Edw. 3. Edw. 4. The Experienced Justice of Peace In Respect to his Power in and out of Sessions in many Cases of great Importance useful for Justices their Clerks and others CHAP. I. The Antiquity of a Justice of the Peace his Power and what he may do the Execution of his Office in many material Cases THE Power of a Justice of the Peace is very great and is a main Propp and Pillar of good Government in taking Care to prevent and Punish Offences whereby the Peace is Conserved and Men maintained in their Rights and the Possessions of their Goods and Chattels c. peaceably whereas were there not such Over-awing Magistrates Offenders would be Imboldened to make more frequent Depredations and Strength and Violence would seize upon what the Weaker could no ways defend against them were not the Law by this means very much their Aid and Safeguard This Office is of great Antiquity and has all along held up a venerable Esteem and Good-liking among the People who find great Advantage and Benefit by those so Commissioned being usually Men of Estates Discreet and Judicious capable of discerning Truth from Falsehood and to relieve the Injured and restrain Oppressors to punish Criminals and Discharge the Innocent and Faultless Justices of the Peace were Created 1 Ed. 3. Chap. 15. Dalt 6. Lamb. 10. But they were first named so by 36 Edw. 3. Chap. 12. A Justice of the Peace is a Judge of Record from whence called Justices and before 1 Ed. 3. they were called Conservators 3. Cro. 29 c. He may take Recognizance of Peace which none can do but a Judge of Record Lam. 186. Dalt 8. Crompt 196. a Num. 1. He is called Commissioner of the Peace by reason he is Authorized by the King's Commission so Custos Pacis or Keeper of the Peace the same with Justiciarius Pacis or Justice of the Peace And the Constitution of Justices of Peace is Inherent and Inseparable from the Crown Stat. 27. Hen. 8. And this Power cannot be Transferred 20 H. 7. His Warrant is not to be disputed by the Constable for any thing wherein he hath Jurisdiction of the Cause Dalt 8. Cap. 147. 6. c. In some Cases the Testimony of a Justice of the Peace is of as great Force and in some Cases greater than an Indictment of 12 Men upon Oath viz. In Case of Presentments of Highways Force Riot Dalt 9. Lamb. 65. A Justice of the Peace being Assaulted may Commit the Party so offending to prison Dalt 371. Lamb. 134. Crompt 68. a. If a Justice see one about to make an Affray and charge him to keep the Peace and he answers he will not he may bind him to his good Behaviour Dalt 294. A Justice of the Peace must proceed by Prescript of the Statute and Commission Dalt 22. Where the Statute referre to the Tryal to the Justice's Discretion it seemeth he may examin upon Oath Dalt 20. Every Justice of the Peace is a proper Conservator of Rivers within his County Lamb. 189. And Justices of the Peace at Sessions are of equal Authority Lamb. 385 c. Vide Crompt 122. a Nu. 33. If a Felon be brought before a Justice of the Peace upon suspicion though it appear to the Justice he be not guilty nevertheless he may not be set at Liberty but so that he may come to his Tryal Lamb. 233. Dalt 389. Cro. 40. b. Nu. 20. Otherways it will prove a voluntary Escape in the Justice for he is not to be delivered by any Man's Discretion Dalt 8. Lamb. 223. CHAP. II. What may be done by a Justice of Peace Ex Officio c. HE may Record a Demurrer upon Evidence Lamb. 539. He may give Day to the Party to bring in Records which is before other Justices which is Pleaded by way of Justification Lamb. 539. In Absence of the King's Attorney a Justice of the Peace may take Issue with one that Pleadeth a Pardon that he is one of the Parties Excepted Lamb. 540. A Justice of the Peace may take Money for the Security of the Peace in deposito where Bail cannot be procured and which upon the Party so depositing the Money breaking the Peace shall be forfeited to the King Just Berkley 1 Cro. 446. If upon supposing an Indictment to be void the Justices have discharged the Prisoner paying his Fees yet upon change of their Opinion they may stay him any time before Judgment Lamb. 540. Justices of the Peace may inquire of all manner of Felonies at the Common Law or given by any Statute and of all manner of Trespasses against the King's Peace and such Trespasses wherein Actions of the Case will lye for Trespasses or Deceit and in the end of the Writ grounded upon the Case It is contained Contra Pacem nostram Crompt 8. a. Num. 25. Defaults against the Statute of 3 Hen. 6. Chap. 11. For Levying of Wages for Knights of the Shire are to be heard and determined by Inquiry for the King or Action for the Party before the Justice of Peace Lamb. 512. A Justice of the Peace has no need to shew his Commission by which he is made Justice of Peace when he Justifieth the doing of any thing as a Justice for he is Justice of Record and the Commission remaineth with the custos Rotulorum of the same County and he is called by Commission in open Assize or Sessions Crompt 120. b. Nu. 13. Lamb. 387. A Justice of Peace may have his Action of the Case against the Party that calleth him false Justice of the Peace it also
Wrongs CHAP. VII What Six Justices of the Peace Conjunct in the Execution of their Office may do c. SIX Justices one being of the Quorum may Execute the Laws of Commissioners of the Sewers Dalt 219. They may appoint a Common-goal for the Sheriff to have the Custody of it 13 Hen. 8. Six Justices in Commission of the Peace with the Justices of Assize by 12 Rich. 2. C. 1. Eight Justices of the Peace beside the Lords by 14 Rich. 2. c. 11. So two Lawyers in every County 18 Edw. 3. c. 2. The greatest part of the Justices of the Peace to order the House of Correction in every County The greatest part to Tax other Parishes for the Poor where there is an Insufficiency in the Parish or Hundred 43 Eliz. c. 2. So to employ the Overplus of the Maimed Soldiers Stock to the Use of the Poor 43 Eliz. c. 3. And to Tax for the Relief of Maimed Soldiers So to Accounts of Treasurers for Maimed Soldiers 43 Eliz. c. 3. CHAP. VIII What is to be considered and meant by the next Justice in a County c. THE next Justice may License Mariners to Beg having been Shipwracked 39 Eliz. c. 4. Lamb. 303. Dalt 209 227. Where the Statute ordereth the Justice most nigh to do Execution c. As in 13 Hen. 4. Of Riots under the Penalty of 100 l. for Forfeiture he is excused if another Justice not next do the Office He may chuse Fishermen to be Mariners by the King's Commission 5 Eliz. c. 5. Lamb. 359. Dalt 139. The next Justice is to send a Prisoner to a Work-house c. 30 Caroli 2. CHAP. IX Of certain Forfeitures by Statute given to 8 Justices of the Peace FOR every Day he sits upon the Statute of Labourers not exceeding 3 Days 5 s. So the Mayor or Head Officer in Corporatins c. Out of the Fines arising on the Stat. c. For every Day which Sessions is kept which may be 3 Days they shall have out of the Fines coming to the Sheriffs Hands by reason of the Sessions 4 s. and their Clerk 2 s. Two Justices of the Peace shall have a part of defective Cloth Seized and Forfeited 5 Edw. 6. Lam. 359. Justices who examine Offences of Deer-Hays and Buck-stalls shall have the tenth part of Forfeiture 19 Hen. 7. c. 11. CHAP. X. The Fees of Justices of the Peace or such as they ought to take in the following Cases according to Crompt 176. a. and Dalt 78. FOR a Recognizance of the Peace 2 s. For a Recognizance to Bail a Prisoner 2 s. For a Supersedeas of the Peace 2 s. For a Warrant of the Peace Sealed 2 s. For a Release of the Peace 2 s. For a Warrant not of the Peace 4 d. For a Recognizance of an Ale-house-keeper 12 d. For the Inrolment of a Deed the Land not exceeding 40 s. per Annum To the Justice one Shilling and to his Clerk one Shilling But if the Land exceed 40 s. then 2 s. 6 d. to the Justice and the like to his Clerk CHAP. XI Where a Justice of the Peace lies liable to be Fined for Neglecting or Transgressing in his Office or Duty c. IN the Case of Bailing one not Bailable and refusing to Bail one Bailable and Detaining him he lies liable to a Fine and to pay double to the Prisoner 3 Edw. 1. C. 15. 23 Hen. 6. C. 10. In the Statute against Riots if he does not Execute it he is Finable 100 l. 13 Hen. 4. So in that of forcible Entry 10 l. 8 Hen. 6. In neglecting to take Order about a House of Correction 5 l. to go towards the building it 1 Jacobi 1. C. 4. Exercising his Office before the Oath taken Dalt 14. For not being present at the Annual Tax of Servants Wages 10 l. 5 Eliz. c. 4. If a Justice of the Peace does not in 40 Days certifie unto the King's-bench Presentments of Extolling the Pope's Power he forfeits 100 l. 5 Eliz. C. 1. For Imbeseling wilfully Raising maliciously Inroling an Indictment not found changing an Indictment of Trespass into Felony is Fine and Imprisonment and loss of Office Lam. 631. CHAP. XII Where a Justice of the Peace lies liable to Punishment HE may be Imprisoned for taking Bond in his own Name and not in Domino Regi the Matter concerning the King 33 H. 8. C. 9. For Conspiring with another to Indict a Stranger at the Sessions otherwise as a thing done by him as Judge Crompt 122. a. Num. 32. Where a Justice fails to do Justice he may be put out of Commission and Punished 4 Hen. 7. C. 12. Crompt 120. H. Num. 6. Lam. 370. So for refusing to take Surety for the Peace when it is Tendred Vide Crompt Jurisdiction of Courts 31 B. For Embeseling and Rasing Records he forfeits his Office and may be Fined Vide antea CHAP. XIII Some Directions in making out or granting Warrants by a Justice of the Peace and how to be Executed A Warrant in Writing must be under the Justices Hand and Seal his Hand at least Dalt 460. Lamb. 85. 88. However it is better if it be Sealed as the usual way is Dalt 460. A Warrant of the Peace or good Behaviour must contain the special Matter Dalt 460. Lamb. 87. A Warrant for Treason Murder or such like capital Offence need not contain the special Matter or Cause Dalt 160. Crompt 148. a. If a Justice of the Peace being out of the County Grants his Warrant to be served in the County the Officer making the Arrrest must carry the Party before some Justice of the Peace within the County Lamb. 91. Dalt 461. A Justice of the Peace may make his Warrant to come before himself yet in a Warrant for the Peace the usual manner is otherways Co. 5. 59. Dalt 461. Upon a General Warrant an Officer may chuse to go before what Justice he pleases Dalt 49. 5. Co. 59. B. If a Justice of the Peace make a Warrant beyond his Authority it is not disputable by a Constable or other Officer but must be obeyed unless it be to do a thing out of the Justices Jurisdiction in a Cause where there is no Judge for if in this latter Case the Officer Execute the Warrant he is punishable Dalt 8. 465. Lamb. 65. Crompt 147. B. Lamb. 91 92. Dalt 865. A Warrant directed to two joyntly to Arrest a Party he may be Arrested by either of them A Warrant made in the King's Name ought to be made to all Ministers as well within Liberties as without Dalt 355. Warrants may be made either 1. in the Name of the King or 2. in the Name of the Justice and either of them must be testified by the Justice from whom they Issue or 3. without stile by Superscription of the Justice Dalt 385. See more of Warrants in the Office of Constable in this Book and how they are to be Executed Sessions held by one Justice of the Peace is not good though
it were Summoned by two and Stiled by their Names but two sufficient Justices Warrants Sealed Quorum c. Vide Dalton c. Quarter Sessions are to be held 4 times in the Year viz. The first Week after St. Michaeâ— The Epiphany the close of Easter and after the Translation of Thomas the Martyr which is July 7. 2 Hen 5. Chap. Lamb. 597. Dalt 531. Justices of the Peace shall hold their Sessions 4 times in the Year viz. One within the Octaves of Epiphany the second in the second Week of Lent the third between the Feasts of Pentecost and St. John Baptist the fourth within the Octaves of St. Michael 36 Edw. 3. Chap. 12. Dalt 531. Crompt 123. B. Nu. 15. c. The place where Sessions is to be held is Arbitrable and therefore though by Summons they are to be kept in one place yet they may be kept in another but then there can be no Amercement for Default of Appearance Lamb. 383. 384. But they must be kept within the County Dalt 531. So in a Town Corporate but not to intermeddle Two Sessions at one time for one County Lawfully Summoned at two Places are good but Appearance at one shall excuse the default of an Appearance at the other and Presentment taken before either of them shall stand good Lamb. 384 But Punishable without notice At a General Sessions all Matters Enquirable by Justices of the Peace either by Statute or their Commission ought to be given in Charge otherwise at special Sessions Lamb. 613. And may be held 3 Days 606. 12 R. 2. Chap. 10. At the Quarter Sessions Officers and Ministers of the Court and Jurors of the County owe their Attendance Lam. 386. Jurors not appearing according to Summons are Punishable for loss of Issues the usual part of Estreats Constables making Default are Fineable The Justices of the Peace if need require may keep a special Sessions by Virtue of their Commission or by the Statute 1 Hen. 5. Chap. 4. Lamb. 623. All Matters within the Commission or Statute may at a special Sessions of the Peace be given in Charge yet they are at liberty to give in Charge either all or any of them Lamb. 623 624. If two Justices of the Peace one being of the Quorum make a Precept to the Sheriff for the holding a Sessions at such a Place and Day and to return a Jury before them other Justices cannot by their Supersedeas Inhibit it Crompt 126. B. But the King by his Writ of Supersedeas may Discharge it Ibid. All that come to the Sessions for publick Service or upon Compulsion upon Complaint and Examination of the Matter upon Oath shall be freed from any Arrest upon Original Process Lamb. Cro. 190. B. Lamb. 402. Indictments are many times Tried the same Sessions wherein the Persons were Indicted yea the same Day before Justices of Goal Delivery or Justices of Oyer c. Dalt 537. 1 Cro. 315 438 448. But in Case of Felony it seems very reasonable to be deferred to the next Sessions upon Cause shewn it being so in an Indictment of Nusance generally and life is more to be valued and favoured c. Dalt 537. Many things of great Import cannot be done but at the Sessions and some but at such a particular Sessions Dalt 537. Of the first sort are the Discharge of Apprentices Ill-used Badgers Licensed Officers Sworn after the Sacrament received proved and declaring against Transubstantiation c. Dalt 538. The second is taking Accounts for Maimed Soldiers of the Treasurers and for Charitable Uses c. 43 Eliz. in Easter Sessions the Rates of Wages in Easter Sessions and 6 Weeks after Dalt 538. Making Order in the Chamber after the Adjournment of the Sessions as for the Bastard-Children and Settlements and some other Things and Matters But not to be tedious to the Reader I shall hear close Treating of Matters of this Kind and proceed to others Executed CHAP. XIV Of Mittimus's and their Form and what is to be considered in them c. A Mittimus must contain the name of the Party or Parties his or their Offences and the time of Imprisonment that it may appear whether the Prisoner be Bailable or not Lamb. 297. Dalt 439 406. Crompt 153. A. Num. 11. If one be Committed without Bail or Main-prise and the Cause be expressed in the Mittimus and yet is Bailable other Justices may Bail him yet Quaere seeing their Authority is equal Dalt 439. But if no Cause be expressed other Justices shall not do well to Bail him without the Privity of the first Justice or Justices because the Cause of Commitment probably may not be Bailable Dalt 439. If the Mittimus be General the other Justices that Bail must take notice at Peril Ibid. There is a Writ called a Mittimus for removing Records of Outlawry Judgment in the King's-bench c. Unto the common Place or an Act of Parliament unto the King's-bench c. See of this 1 Cro. 134 298. Hob. 111 135. The Form of the Mittimus see To send Rioters to Goal Lamb. 321. To send Shooters in Pieces to Goal 229. Dalt 515. To send upon Forcible Entry c. Lamb. 150 520. To send to the House of Correction Dalt 513. To send an Ale-seller without License Dalt 512. To send a Reputed Father of a Bastard Ibid. CHAP. XV. Of Recognizances what they are and how and in what Cases to be taken by a Justice of the Peace c. A Recognizance of a Bond of Record Testifying the Recognizor to owe a certain Summ of Money to some other and that Acknowledgment of the Summ is to remain of Record and none can lawfully take it but a Judge or Officer of Record Dalt 457. Every Recognizance taken by a Justice of the Peace must be made by these words Domino Regi and great Care to be had in so doing for it is Imprisonment for any Person to take it otherwise For these Words Domino Regi import and Imply the Recognizor is bound to our Lord the King and not to any other 33 Hen. 8. Chap. 9. Crompt 196. B. Num. 11. Lamb. 162. Dalt 276. Sureties in Recognizance ought to be Subsidy Men and they must be two besides the Party himself Dalt 276. Lamb. 101. It is in the Discretion of a Justice of the Peace if he take a Recognizance Ex Officio to appoint the Number of the Sureties their Sufficiency in their Goods and Lands and the Summ of Money and how long the Party shall be bound Dalt 275. Lamb. 100. Recognizance for the Peace unless the words be expressed for keeping of the Peace seemeth void Lamb. 103. Dalt 204 276. Coram non Judice So it is if a Recognizance be that the Recognizor shall not Beat or Maim B. without the Expressing the keeping the Peace in it Ibid. A Recognizance expressing no Time of Appearance but generally to keep the Peace is good Ibid. And so these few may serve to give a Light into others for
they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
of two Justices one to be of the Quorum Lam 508. However a great many Presidents run in the Name of one Justice of the Peace which seemeth to be the ancient Practice Notwithstanding the joining of two Justices of Peace herein and one of them of the Quorum is on all Hands concluded most Authentick and so Dalton is of the Opinion it ought to be The Form of a Supersedeas to deliver one out of Prison for Trespass or the like Wigorn. T. B. Armig. Vnus Just Dom. Reg. nunc ad Pacem in Com. Praed Conservand Constabut Ville de S. nec non custodi Gaolae dicti Domini Regis in Com. praed Salutem Quia M. B. de C. Labourer venit coram me invenit suffic securitat essendi coram Justic dicti Domini Regis ad Proximam Generalem Session Pacis in Com. praedict tenend ad respondend tam Domino Regi quam C. B. de quibusdam Transgr s seu Contemptibus c. per ipsum perpetratis ideo vobis cuilibet vestrum Mando quod praedict M. B. à custodia vestra sine dilatione deliberari faciatis alio mandato meo inde direct interim supersedere hoc Mandatum meum erit vobis cuilibet vestrum Warrant Datum apud V. tali Die c. Or you may begin it thus ss T. B. Armig. Justic Constabul Ville de S. nec non c. Supersedeas de Exig Fac. de Felonia Ebor. Gulielmus c. Vic. Com. Ebor. Salutem Quia D. C. de B. in Com. tuo Pistor venit coram F. E. invenit sufficien Manucaptor essendi coram Custod Pacis nostrae ac Just nostris ad diversas Felon c. ad General Session Pacis nostrae apud G. tali die tenend ad respondend nobis de quibusdam Feloniu unde indictatus est Ideo tibi praecipimus quod de ulterius Exigent praefat D. C. ad aliqu Comitat tuum vel Imprisonand sive ipsum ea occasione aliqualiter molestand omnino supersed habeas ibi tunc hoc breve Teste W. M. apud L. tali Die Anno. c. Supersedeas de capias pro fine Cantab. I. B. Armiger unus Justic Dom. Regis nunc ad Pacem in com praedict Salutem Quia L. C. de N. in dict com Tonsor venit coram me invenit sufficient Manucapt essendi ad proximam Generalem Sess Pacis in Comitat. praedict tenend ad faciend Finem cum dicto Dom. Rege pro quibusdam Transgres Contempt offensis unde indictatus existit Ideo tibi praecipio quod de capiend praef L. C. Imprisonand seu ipsam ea occasione aliqualit molestand omnino supersed habeas ibi tunc hoc praeceptum Teste me c. There are other Supersedeas's on several occasions but finding these Forms I thought good to set them down as a Light to further Matter of this Kind and for a Treatise of them more at large I refer you to Dalton Chap. 133. Crompton 234. CHAP. XXIII The Forms of Recognizances on several occasions to be taken by Justices of Peace and written by them or their Clerks c. The Form of a single Recognizance to be taken before a Justice of the Peace Surrey Memorand quod die Anno Regni Domini nostri Gulielmi tertii Dei Gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensoris c. Venerunt coram M. D. W. C. Armiger Justiciar dicti Domini Regis ad Pacem in Com. S. conservand Assignat S. I. de B. in comitatu praedict Yeoman W. S. de eodem Textor ac D. R. de S. in comitat praedict Sutor Recognover se debere Dicto Domino Regi viz. quilibet Manucapt praedict decem Libr. Praedict S. I. in viginti Libr. bonae et legalis Monetae Angliae solvend eidem Domino Regi in Festo Purificationis Beatae Mariae Virginis proximo futur post dat present nisi fecerint concesserunt pro se Haered Executor Administ suis per presentes quod dicta separales summae levent recuperent de maneriis Mesuagiis Ter. Tenement Bonis Catallis Haereditament ipsor S. I. W. S. D. R. Haered Executor Assign suor ubicunque fuerint invent Dat. c. The Form of a Recognizance for the Peace Sussex Memorand quod Die Anno Regni Domini nostri Gulielmi Tertii Dei Gratia c. P. P. de E. in com praedict Auri faber in propria persona sua venit coram me T. L. Armig. uno Justic dicti Dom. Reg. ad pacem in dicto com conservand assign assumpsit pro seipso sub poena Quinquaginta Libr. W. I. de M. in com praed Yeoman T. N. de c. Agricultur tunc ibid. in propriis personis suis similiter vener manuceperunt pro praedict P. P. viz. quilibet cor separat sub poena vigint quinqu lib. quod idem P. P. personalit comparebit coram Justic Dom. Reg. ad pacem ad prox Generalem Sessionem pacis in com praedict tenend ad faciend recipiend quod ei per curiam tunc ibid. injungetur quod ipse interim pacem dict Dom. custodiet erga ipsum Dom. Reg. cunct populum suum praecipue versus N. M. Yeoman quod dampnum vel malum aliqu Corporale gravamen Praef. N. M. aut alicui de populo dicti Dom. Regis quod in Laesionem aut Perturbationem pacis ipsius Domini Regis seu praef N. M. cedere valeant quovis modo non faciet nec fieri procurabit Quam quidem sum Quinquaginta lib. praedict P. P. quilibet Manucapt praed praedictas separales summas viginti quinque Libr. se debere dicto Dom. Regi de Terris Tenementis bonis catallis suis quorumlibet cujuslibet eor ad opus dict Domini Regis Haered successor suor fieri levari ad quarumcumque manus devenerit si contigerit ipsum P. P. praemissa vel eorum aliquid in aliquo infringere inde Legitimo modo convinci In cujus rei Testimon ego praedict T. L. sigillum meum apposui Dat. apud c. ☞ Note here if the Justice only subscribe his Name to the Recognizance without putting his Seal it may be well enough And further that all Bonds Obligations and Recognizances that shall be taken by any Justice of the Peace or any other Person for any cause touching the King must be made and be taken in his Name and by these words Domino Regi c. under a Penalty to him that takes them as I have elsewhere said The Forms of Conditions of Recognizances to be set under the Recognizance or Indorsed The Form of a Condition to keep the Peace The Condition of this Recognizance is such that if the within bounden P. P. shall personally appear before the Justices of our said Sovereign Lord the King at the next General Sessions for the Peace to be held in the said County of Sussex
none come within the Year to make Claim that then they shall be Appraised for the Duty and there a feme sole Merchant may be Sued without her Husband as has been said before and every one in London claims to have a Market in his Shop and his Shop is his Market for such Goods as belong to his Trade either in Buying or Selling. As if a Goldsmith buy Stolen Plate in his Shop openly not knowing it to be Stole and give for it a Lawful Marketable Price he may maintain it but if he buy it in an Ale-house or any other Tradesman's Shop or in the Street the Case is altered it is Unlawful buying not in the proper Market Sequestration by Custom of London By the Custom of London in an Action of Debt the Defendant shall have four Defaults and if he cannot be found but hath shut up his Shop and is gone a Precept shall be to the Sergeant at the Plaintiffs Request to Sequester the Goods of his House 11 Hen. 7. 2 P. 2. Contribution Debt was upon the Custom in London because the Plaintiff and 3 others were bound joyntly and severally in one Bond and one Pays all the Debt or part or the whole is recovered against him he may have an Action of Debt for Partition against the other Obligors Enter 1660. Debts under 40 s. in London Every Citizen and Freemen of London and every other Person Inhabiting or that shall Inhabit within the City of London and Liberties thereof being a Tradesman Victualer or Labouring-man which have or shall have any Debts owing to him or them not amounting to 40 s. by any Citizen or Freeman or by any other Person or Persons being a Victualer Tradesman or Labouring-man Inhabiting within the the said City or Liberties thereof should or might cause such Debtor or Debtors to be Warned to appear before the Commissioners of the Court of Request in Guild-hall and the said Commissioners or any 3 or more of them shall have Power to set down such Orders between Plaintiff and Defendant Creditor and Debtor touching such Debts not amounting to 40 s. as they shall find to stand with Equity and good Conscience And also the said Commissioners or any 3 or more of them have Power to Administer an Oath to the Creditor or Debtor and to such Witnesses as shall be produced on either part and also to commit to Prison in one of the Compters such Creditor or Debtor as shall not appear upon lawful Summons or not perform such Order as the said Commissioners or any 3 or more of them shall set 1 Jacobi 1. 3 Jacobi 1. the first Act being strengthened by the latter and by it the Court of Requests commonly called the Court of Conscience is Established to this Day happy for the poorer sort keeping them from many Misfortunes that would else befal them to the farther filling and crouding the Goals by Strifeful Vexations for small and trivial Matters were not this Court a Bar to restrain them to the great Ease and Security of poor people It is held before the Commissioners at the East end of the Guild-hall Wednesday and Saturday Weekly beginning usually about 11 in the Morning and sometimes if Business require it it may be sooner CHAP. XXXIX Marking a Cause in the Mayor's Court after a Verdict given in the Sherriffs Court to be done THere is a Practice in London called Marking a Cause before the Lord Mayor which is after a Verdict given in the Sheriffs Court for the Plaintiff in this Case the Defendant is to get the Cause mark'd before the Lord Mayor's Court and is like an Injunction in the Chancery to stay Judgment and Execution until the Matter be Examined in Equity where the Lord Mayor doth oftentimes if Cause be Mitigate the Damages or give the Defendant time to pay it Other Customs in London in this Court c. The Custom of London is if a Plaint of Debt be entred in the Sheriffs Court upon Suggestion of any of the Parties the Lord Mayor may send for both of them and Examine them upon the Truth of the Matter before Judgment and if he find that the Party is satisfied so much of it he may bar him but not after Judgment 10 Hen. 6. Chap. 14 15. Where he in the Reversion upon a Lease for a Year is impleaded of Lands in London and makes Default the Lord Mayor is to enquire by Neighbours in the presence of the Termor and Demandant whether the Plea be moved by a good Right or by Fraud to make the Termor to lose his Term and if it be found upon a good Right the Demandant shall have Judgment presently and if not the Termor shall have his Term and the Execution of the Judgment shall be suspended Stat. Glouc. Chap. 11. Deceit 1. Of Foreign Attachments c. By the Custom of London one may Detach either Money or Goods of the Defendants either in the Plaintiffs own hands or in the Custody of a third Person in either the Mayor or Sheriffs Courts and there if the Defendant appear not the Goods or Money may be Condemn'd The Attachment is entered in the Office as Actions are but with this Difference they enter the hour of the day when the Attachment is made for if many Attachments be made and come against one Man's Goods the first is first served He whose Goods are attached in another Man's hands may come and offer himself to Prison or put in Bail and dissolve the Attachment and after have a Writ of Priviledge though he render himself to Prison gratis because he was is there by Virtue of a Plaint But the Plaintiff may have a new Plaint against the Defendant and attach him by his Goods and then the Defendant may remove it by Certiorari and when the second Plaint is removed to the Common-Pleas the Justices shall Examine if the Goods were attached for Costs of Suit and then the Defendant may be discharged but if it be found by Oath that they were attached for Merchandizes or for any Cause than before it shall be Remanded But if the Party were in Execution in London and afterward Suit is commenc'd in the Common-Pleas A Writ shall go to the Mayor and Sheriff to have the Prisoner there and make an Attorney and then he shall be sent back but if he were impleaded in the Common-Pleas and afterwards Arrested in London and the Mayor's Court send for the Party he shall be Discharged of the Suit in London by the Priviledge of the Mayor's Court M. 38. Hen. 6.12 P. 2. When an Attatchment is made in the Hands of a third Person there after a Default the Defendant within a Year and a Day may put in Sureties to Answer the Plaintiff the Duty or may render his Body to Prison if he cannot find Sureties and therefore in a Writ of Priviledge after he had yielded his Body to Prison he was Bailed because the yielding his Body to Prison was after the Suâ—t in the
it 898. and is held to appoint the first High and Petty Constables in England which Offices have ever since continued in good Esteem nay the Saxon Word makes the Antiquity of Constables plain in Etymology The Saxon being Coning or Cyng and Staple or Stable which signifies a Stay or Prop to the King that is to the Government in laying Hands on Offenders and bringing them to Justice and though the High Constable of England's Office usually a Noble Man appointed by the King is ceased yet the High Constables of Hundreds in a great measure retain and hold up the Power as to what concerns the Civil Government and these are chosen most usually in each County by the Justices in their General Quarter Sessions or their respective Divisions for they have Power to give them Authority and to discharge them of their Office as they shall see cause The High Constable is as it were Overseer or Director of the Petty Constables Headboroughs or Tything-men which are chosen under him in the respective Towns Villages or Precincts within his Hundred or such Franchises as are under his Jurisdiction by the consent of the Inhabitants or the Majority of them and their Duty it is to execute the High Constables Office in his Absence in keeping the Peace and good Order in their respective Limits and upon the High Constables Order to be aiding and assisting to him so far as concerns his Office And now since both these are necessarily Sworn upon entring on their respective Offices it will be requisite for the better understanding of what they undertake by entring on so weighty a Trust to set down the Form of their respective Oaths before the Justices c. The Oath to be taken by a High Constable You shall swear that you shall well and truly serve our Sovereign Lord the King in the office of a Constable you shall see and cause his Majestys Peace to be well and truly kept and preserved so far as in your Power lyeth you shall Arrest all such Persons as in your sight or presence shall Ride or go Armed offensively or shall commit or make any Riot Affray or any other Breach of his Majestys Peace you shall do your best Endeavour upon complaint to you made to apprehend all Felons Barretors and Rioters or Persons Riotously assembled and if any such Offenders shall make resistance with force you shall Levy Hue and Cry and shall pursue them till they be taken you shall do your best endeavour that the Watch in and about your Hundred be duly kept for the apprehending Vagabonds Rogues Night-walkers Eves-droppers Scouts and other suspected Persons and of such as go Armed and the like and that Hue and Cry be duly rais'd pursued according to the Statute of Winchester against Murtherers Thieves and other Felons and that the Statutes made for Rogues Vagabonds and such other idle Persons as come within your Bounds and Limits be duly put in Execution you shall have a watchful Eye upon such Persons as shall maintain or keep any Common House or Place where any unlawful Gamâ— is or shall be used as also to such as shall frequent or use such Places or shall use or exerâ—c se any unlawful Games there or elsewhere contrary to the Statutes At your Sessions Aâ— size or Leets you shall present all and every the Offences done contrary to the Statutes of the 1.4 and 21 of James the first to restrain the inordinate haunting and tipling in Inns Ale-houses and other Victualling Houses and for the repressing Drunkeness you shall there likewise true presentment make of all Blood-sheddings Affrays Outcries Rescous and other Offences committed or done against the Kings Majestys Peace within your Limits you shall once every Year during your Office present at the Quarter Sessions all Popish Recusants within your Liberty and their Children above Nine Years Old and their Servants viz. their Monthly Absence from the Church 3 Jacobi 1. Chap. 4. You shall well and duly execute all Precepts and Warrants to you directed from the Justices of the Peace of the County or Superior Officers you shall be aiding to your Neighbours against unlawful purveyances In time of Hay or Corn Harvest upon request you shall cause all Persons meet to serve by the day for the Mowing Reaping or getting in of Corn and Hay you shall in Easter Week cause your Parishoners to chuse your Surveyors for the mending the High Ways in your Parish or Liberty and you shall well and duly according to your Knowledge Power and Ability do and execute all other things belonging to the Office and Duty of a Constable so long as you shall continue in the said Office By this Tenor of an Oath a Constable may gain a considerable Light into what he is to do in the Management and Execution of his Office being as it were an Epitome of what I shall hereafter set down more intelligibly and plainly to be understood But this Oath is often administred in Abstract to a Petty Constable Tything-man c. So that what I now recite suffices The Petty Constable c. his Oath You shall swear that you well and truly execute the Office of a Tything-man of the Tything of B. or Headborough c. his Majesties Peace in your Person you shall keep and see it kept in others as much in you lyeth in the Presence of the High Constable you shall be aiding and assisting to him and in his Absence you shall execute his Office according to your Power and Knowledge till an other be chosen in your Place or you be Legally Discharged So help you God The High Constables in their respective Hundreds are Conservators of the Peace at Common Law as are the Petty Constables in their respective Towns and Liberties and have a large Power to back and support them in the Execution of their Office if they proceed within the Bounds of it for it is so ordered that if an Action be brought against a Constable Headborough c. or their Assistants for any thing done by reason of their respective Offices they may plead the General Issue and give the special matter in Evidence 7 Jac. 1. Chap. 5. 21 Jac. 1. Chap. 22. Wingate's Abridg. Stat. Tit. Evidence c. And if it so happen any Action be brought against one or more of them it is so provided that it shall be layed in the County where the Fact commenced and if the Verdict pass for the Defendant he is to have double Costs and this to be recovered as other Defendants recover their Costs by 7 Jacobi 1. Chap. 5. 21 Jacobi Chap. 1â— Windg Abridg. Stat. Tit. Evidence For indeed a Constable Legally chosen is compelled to serve the Office being a fit Man able of Body and in Substance and it would go hard if for every trivial slip he should run the risk of being Ruined by Vexatious Suits for if a Constable c. Legally Elected to the Office do refuse to serve and take the Oath unless
Behaviour And if a Constable or Peace Officer who ought to do it refuses such Rogue or Vagabond or if he does receive him and does not carry or send him to the next Constable in order to his being sent to the place appointed he forfeits for every such Offence Five Pounds and the Justice furthermore may bind him over to the good Behaviour 39 Eliz. Chap. 4. Dalt Chap. 47. Folio 128 c. If any such sturdy Rogue or Vagabond shall come begging to any House the owner of it seeing it is to apprehend him or her and deliver the Offender to the next Constable or else he forfeits Ten Shillings and the Constable is to whip and convey such Rogue as before directed under the Penalty of 20 s. 1 Jacobi 1 Chap. 7. Dalt 147. Folio 128. Two Justices of the Peace one to be of the Quorum may by Warrant under their Hands and Seals cause to be levyed by Distress and Sale of the Offendors Goods all Forfeitures and Fines before mentioned the party being first convicted either by his own Confession or the proof of two Witnesses before the said Justices 39 Eliz. Chap. 4. 1 Jacobi 1 Chap. 7. Dalt Chap. 47. Fol. 149. Constables Headboroughs or Tythingmen neglecting to make search for Rogues or Vagabonds upon the Justices Warrant directed to them or to appear at their Meeting to give up their account what Rogues c. they have punished or sent to the House of Correction or upon neglect to send such to the House of Correction as by order of Warrant are committed the Justices at their Discretion may fine those so transgressing in a Summ not exceeding 40 s. 7 Jacobi 1. Chap. 4. If any one not being an Officer shall apprehend a Rogue or Vagabond and carry him before a Justice of the Peace the Justice has power to reward the said person by granting to him a Warrant under his Hand and Seal to the Constable or Tythingman of the place through which he passed unapprehended ordering thereby the said Officer to pay 2 s. for every Rogue so apprehended and upon refusal of payment the Justice may proceed against the Officer pursuant to the Statute 1 Jacobi 1. Chap 7. and constrain him to pay his Forfeiture limited by the same Statute and out of it to allow the said two Shillings with charges for loss of time as to him shall seem meet 1 Jacobi 1 7. 14 Caroli 2. Chap. 12. And considering Constables Tythingmen c. are at much charge many times in rebearing and carrying with Passes such as come to their Hands The Churchwardens Overseers of the Poor and other Inhabitants may make a Rate to Tax the Inhabitants of the Parish who are lyably chargeable by the Statute of the 43 of Elizabeth to be confirmed under the Hands and Seals of two Justices of the Peace and upon refusal of any to pay the Constable may by Warrant levy it by Distress and Sale of Goods returning the Overplus to the Owner if any such there be 4 Caroli 2. Chap. 12. As for Rogues or Vagrants of both Sexes they are under several Circumstances or Denominations and that an Officer may know who are such and who not viz. All Schollars and Seafaring Men that Beg all wandring persons that use unlawful Games subtil Crafts or Plays and such as pretend to have Skill in Phisiognomy Figure-casters or Fortune-tellers all Proctors Pattent-gatherers unless such as are impowered to do it by Letters patents under the great Seal upon the account of Losses by Fire all Collectors for Goals Prisoners or Hospitals wandring abroad on that Occasion without sufficient Warrant to authorize them All Fencers and Bearwards Common players of Interludes Minstrels Fidlers if so they be found wandring abroad All Labourers that wander abroad without the Limits of their respective parishes and refuse to work for such Wages as shall be reasonably taxed having no other visible way to maintain themselvs all such as go with general Pasports not directed from parish to parish All Juglers and such as use Tricks by slight of Hand Artists Tinkers Pedlers and Petty-Chapmen also Glass-men wandring abroadâ— unknown and without a sufficient Testimonial all those that counterfeit themselves Egyptians not Felons upon the Statute made in that case all persons delivered out of Goal that wander begging for Fees or otherways begging all such as pass and repass to and from the Bath for the recovery of their Health not pursuing their License all Soldiers and Mariners that beg and counterfeit a Certificate of their Commanders that is to say either Male or Female being above seven Years and so transgressing as aforesaid and those if they do not beg yet if they wander and loiter about without any Pasport or sufficient Testimonial are accounted Rogues and Vagabondâ— those that beg in their own Parish or in the High ways without the Appointment or License of the Overseers are lyable to be sent to the House of Correction And to authorise the Constable Tything-man and other Officers to apprehend and order them as aforesaid See 39 Eliz. Chap. 4. and 17. 43. Eliz. Chap. 2. 21 Jacobi 1 Chap 28. 7 Jacobi 1 Chap. 4 5 Eliz. Chap. 4. Dalton Chap. 47. Folio 123 125 134. CHAP. LVI The Constables Office in disposing of the Wives and Children of Rogues Vagabonds or Sturdy Beggars THE Wife of such Sturdy Rogue or Beggar the Children being under Seven Years of Age must be placed with the Husband and if he be dead then the Children to be placed with the Wife in the Parish where she was born or last dwelt and the Vagrant Children exceeding Seven Years of Age must be sent to the place of their Birth and if with Children under Seven Years of Age the Vagrant Parents are placed at the place of the Birth of the said Children or in the place where they last dwelt if afterwards the Parents or either of them happen to die or run away leaving the said Children yet they once setled must still remain in that Settlement and ought not to be sent to the place of their Birth tho' they have attained to the Age of 7 Years or upwards according to the 2. Eliz. Chap. 4. Resol Judges Sect. 45. Dalton Just P. Chap. 47. Folio 135. The Vagrant Wife must be sent to her Husband tho' he be no other than a Servant in any Parish or Town and a Rogue or Vagrant not able to assign any place of Birth if he have a Wife and Children under Seven Years old they must be sent with the said Vagrant Rogue to the Parish or Town through which they by Sufferance last past unpunished and the Children relieved with the Work of their Parents though they be committed to the House of Correction if it be possible they thereby can relieve them CHAP. LVII The Duty and Office of a Constable c. relating to Alehouses Inns c. HE that without a License shall presume to keep an Alehouse selling Ale or Beer forfeits 20 s.
by the Act made the 14 Caroli 2. such as have Authority by Writ of Assistance under the Seal of the Court of Exchequer may take to their Assistance the Constable Headborough or other Peace Officer inhabiting near the place and in the Day time enter the House Shop Cellar Warehouse Rooms or other place and in case of Refusal or Resistance break open Doors Packs Chests Trunks or such places and take away such uncustomed and prohibited Goods as they shall there find and convey them to the King's Store-house in such Port as is next to the place where the Merchandise shall be seized see further 13 Car. 2. Chap. 11. And if the Officers of the Customs or any acting being assisting or aiding to them shall be sued indicted prosecuted or molested such Person or Persons his or their Heirs Executors and Administrators may plead the general Issue and give any of the Acts relating to the Customs in Evidence in any of the King's Courts of Justice 14 Car. 2. chap. 11. CHAP. LVIII The Office of a Constable relating to Clothiers and Irish Cattel c. IT is the Headborough or Constable's Duty upon Request to be aiding and assisting to the Wardens and Assistants for regulating the Worsted Trade and other Stuffs made at Norwich in the County of Norfolk and usually called Norwich Stuffs 14 Car. 2. chap. 5. And the Constables in the West Riding of Yorkshire by Warrant directed from the Justices of the Peace the Masters and Wardens of the Corporation or any 13 of them are impowred to levy such Fines Penalties and Forfeitures as by Virtue of the Statute mentioned shall become due from any Clothier and this to be done by Distress and Sale of the Offender's Goods c. the overplus to be restored to the Owner if any remain upon demand 14 Car. 2. chap. 5. The Justices of Peace and High Constable have power to search any House Ware-house or other place for Tenters Ring-ropes Head-wrenches or such other things used in the Stretching Cloth and such as they find they may deface and the second time they are used they may take them away and sell them the Money to be to the Use of the Poor to be distributed as they shall see fit 33 Eliz. chap. 20. All the Clothiers must pay their Spinsters and other Workfolks in ready Money and not in Wares and their Wool to be delivered to them in due weight under the Penalty of 6 d. Forfeiture for every Default and those Workfolks are to do their Work faithfully under forfeiting double Damages to the Party grieved 4 Edw. 3. Chap. 1. Fitz. Just P. 103. And the Masters or Head-Officers in a Corporation where no Master is and out of a Corporation the Justice of Peace High-Constable and Stewards of Leets shall hear and determine such Matters as arise upon Complaint as Non-payment of Wages or Damages as before-mentioned and upon due Examination if they find cause they commit the persons offending to Goal till such time Satisfaction be made to the party aggrieved Stat. ibid. Irish Cattel are not to be brought into England under the Penalty of their being seized by the Constable Head-officer or any other person or persons and to prevent fraudulent Seizures and Compositions the party or parties so seizing shall within six days after cause the said Cattel Sheep or Swine to be Killed and the Hides and Tallow to be to the Seizor and the rest distributed by the Church-wardens and Overseers among the poor of the Parish where any large Cattel Sheep or Swine shall be Imported or found and such Seizure the Overseer of the poor or Church-warden so neglecting or failing in his Duty shall for every one of the large Cattel forfeit 40 s. and 10 s. for any of the smaller Cattel as Sheep Swine c. which should have been Killed and distributed as aforesaid To be levyed by Distress and Sale of Goods one half to the Poor of the said Parish and the other to him that does inform and this to be done by Warrant and under Hand and Seal of any one Justice of the Peace and for want of such Distress the Offender to be Imprisoned without Bail for the space of 3 Months Mutton or Lamb Imported is subject to the like Seizure and Penalties as Beef Pork and Bacon as also Butter and Cheese Imported from Ireland and English Cattel purposely intermixed with Irish to colour a Defraud shall be reputed Irish and lyable as the same in all Respects 32 Caroli 2. Chap. 2. And indeed all Cattel Imported into England from any Country beyond the Seas or into the Dominion of Wales or Town of Berwick upon Tweed are seizable unless from Man Island and they to be landed in the Port of Chester or Members thereof and they not to exceed 600 in one Year and to be of no other Breed but of that Island Note the Cattel seized as aforesaid are to be kept in some publick place by the space of 48 Hours and if in that space the Owner or Owners or any for him or them shall before a Justice of the Peace of the fame County where the Seisure is made make out by the Oath of two Credible Witnesses that the said Cattel were brought from no part beyond the Seas the Isle of Man excepted then upon Warrant from the Justice they are to be Re-delivered to the Owner as the 18 of Caroli 2 directs revived with some others on this Subject and made perpetual by the 32 of Caroli 2. CHAP. LXIV Rates for the Relief of poor maimed Soldiers Mariners Prisoners c. How to be gathered and Ordered c. WHere Money is Rated for Relief of the Poor maimed Soldiers Mariners Prisoners c. The Constable within his Constabulary upon refusal or neglect of Payment may as also the Church-wardens Levy it by Distress and Sale of Goods rendring the overplus to the Owner if any there be 43 Eliz. c. 3. Wingate's Stat. Tit. Captains and Soldiers c. All Money in this manner and to the use aforesaid Collected must be quarterly delivered to the high Constable ten Days before the Quarter-Sessions or in Default the Constables Church-wardens their Executors or Administrators are to pay 20 s. by way of Forfeiture and the high Constable so receiving is to pay it to the Treasurers appointed by the Justices to receive it or upon Default he forfeits 40 s the Forfeitures to be Levied and Employed by the Treasurer for encreasing the Stock for the aforesaid Uses 43 Eliz. Chap. 3 c. The high Constables are under the Penalty of five Pounds to pay such Mony Quarterly at every Sessions to such Treasurers or Collectors as is raised in the respective Parishes and payed to them by the Constables and Church-wardens for the Relief of poor Prisoners 14 Eliz. Chap. 5. c. And they may make Distress as in case of maimed Soldiers aforesaid upon refusal or neglect of payment for Mony so Rated for the Relief of poor Prisoners
Royal Dutchy CHAP. LXVII The Constables Office and Duty relating to such Persons as Prophanely Swear and Curse BY a late Statute made in the 6 and 7 Year of the Reign of William the Third Chap. 11. it is enacted for the restraining that Dangerous and Unprofitable Sin of Swearing and Cursing that such as in the Presence or Hearing of a Justice of the Peace of the same County wherein the Offence is committed or Head Officer or Justice of Peace of the City do Swear or Curse or are thereof convicted by Witness or Confession of the party before any Magistrate the Offender if a Common Soldier Labourer or Servant shall pay for every Oath c. 18. for the use of the poor of the Parish wherein the Offence is committed and every other person is to pay 2 s. for the like Offence for the second double for the third treble to be levied by Distress by Warrant from one Justice of the Peace and where no Distress is found the Offender if above Sixteen Years of Age is to be set in the Stocks by the space of one Hour for one Offence and two Hours for more than two Offences but if under Age to be whipt by the Parents or Master in the Presence of the Constable All Justices of Peace Constables c. who neglect to put this Act in Execution being knowing of the Offence to forfeit 5 Pounds and none are to be prosecuted upon this Act beyond the Expiration of Ten Days therefore Information must be given within the said Ten Days after the Offence committed And for the better deterring Offenders to commit Offences of this Kind it is ordained to mind them of the Danger and Shame they are like to incur thereby that this Act be publickly read in Churches next Sunday after every Quarter Day immediately after Morning Prayer under Penalty of 20 s. for each Omission and Justices c. are to keep a Register of all such Convictions before them and to certifie the same at the Quarter Sessions to be there Recorded where any one may search for the same and see it without paying any manner of Fees CHAP. LXVIII The Constables Office and Duty further relating to Vagabonds and Beggars and Collecting Monies for Building and Repairing Goals BY an Act of the 11 and 12 of W. 3. it is Enacted that after the 24 of June 1700. That if any Vagabond Beggar or any person whatsoever shall be brought to any Constable Headborough or Tythingman or other Officer with a Pass Testimonial Letter of Request or other Writing whatever pretending thereby either to be Relieved or Conveyed The said person or persons shall by such Constable or other Officer or by some other sufficient person or persons whom he shall order or depute be carrryed before some one Justice of the Peace of the County which Justice is carefully and diligently to Examine him or them and if he finds they ought by Law to be punished he is to send them to the House of Correction and take such further Course as in that Case the Law directs But if no such Cause appear then he or they are to be immediately conveyed out of the County to such Town of the next County unto or through which such person or persons are to pass or be conveyed as the said Justice shall think most proper and every Constable or other Officer is to convey them to the House of Correction or to such Town as aforesaid without delay and further the Justice is by this Act obliged to give the Constable or other Officer a Certificate without Fee of the Number of such persons as he shall so order to be punished or conveyed as also the manner how when and from whence such persons are to be conveyed And further the Justice ought to Tax the Charge on the back of the Certificate which the Constable c. delivering to the High Constable of that Division he is to pay him his Charges out of the Monies of the Goal and Marshalsea Mony and take a Receipt for the same which Receipt shall be Accepted by the Chief Treasurer of the County and allowed in his Accounts as so much Mony and if the Goal and Marshalsea Mony fail to be sufficient then the Justices in their Quarter-Sessions may raise a Tax in their Counties Ridings and Divisions in such manner as they raise it for the County Goals and Bridges the Mony to be paid to the Chief Constable of each Division so as they shall have a quarterly Payment in their Hands before hand and as often as the said Petty Constables or Deputies shall produce the said Certificates they shall be paid their Charges according thereto and the High Constable must Account for so much at the next Quarter-Sessions and the Petty Constable is not to Charge the Inhabitants of his Constabulary wirh any Sum or Sums of Mony or any Provisions to the Relief or Conveyance of such Rogues or Vagabonds And if any Constable or other Officer to whom it belongs shall neglect to Apprehend such Vagabonds or Beggars or be remiss and negligent in doing his Duty by this Act required then for such Offence he shall pay 20 s. one fourth part to go to the Informer and the other 3 parts to the poor of the Parish and he may be Convicted before a Justice by the Oath of one Witness and upon refusal to pay Distress may be made by Warrant as in other Cases But this Act is to continue but 3 Years and from thence to the End of the next Session of Parliament By another Act of Parliament 11 and 12 W. 3. Intiuled An Act to Enable Justices of the Peace to Build and Repair Goals in their respective Counties The Justices of the Peace at their General Quarter-Sessions are to direct their Warrants or Precepts to the High Constable Petty Constable Bailiffs or other Officer or Officers as they shall think fit for the Collecting and Levying the Mony in order thereto and upon denial of any Assessed after 4 Days demand to pay the same they are Impowered to make Distress and Sale of Goods and after 4 Days keeping if the Mony be not paid to sell the same and deducting Charges immediately to render the Overplus to the Owner the Distress being first Appraised by two or more of the Inhabitants and the Constable c. to pay the Monies so Collected to the Treasurer or Treasurers Appointed by the Justices to receive it and for refusing to Account after four days demand the Justices of the Peace or the greater number of them are Impowered to Commit him or them so neglecting or refusing to Prison there to remain without Bail or Mainprize till he or they shall have made a true Account CHAP. LXIX The Constables Office relating to such as make or put bad Mault to Sale c. THE Constable's Office relating to Malt is to see such Malt as comes to be sold within his Division or there made for Sale that it be
Registring them But the Churchwardens of their own accord may oftner make their presentments Canon 116. One of the Times of presentments is ever to be about a Fortnight after Easter and at that time they are to resign their Office to the Succeeding Church-wardens and the new ones cannot be Sworn be fore the old ones have given in their presentments and every Parson Vicar or in their Absence their Curates in the said presentments are to joyn with the Churchwardens c. And upon the Refusal of the Churchwardens to make presentments the Parson Vicar or their Curates in their Absence may make their presentments to their Ordinaries at all such Times and when else they shall think fit Cannon 113 118. It is provided that no Churchwardens Sidesmen or Questmen shall be cited or called but only at the Times limited to appear in the Ecclesiastical Court or before any Ecclesiastical Judge whatsoever for refusing to present any Faults committed in their Parishes at other times and by the Ecclesiastical Law punishable nor be further troubled after their Presentments delivered at the usual Times unless it manifestly appear they have wilfully neglected and wittingly omitted for Favour Affection or otherwise to present some one or more notorious Crime or Crimes or upon just Cause arising to call them in order to Explain their former Presentments and the Ordinary in case of such wilful Omission may proceed against them as in the Ecclesiastical Courts in case of wilful Pejury the Law has provided Can. 117. CHAP. LXXIII The Grounds of Presentments or usual Articles given whereon to Found their Presentments that the Churchwardens may know what to do in this Case 1. WHether the Church Chancel Bells and Ropes be in good Repair The Lord's Prayer Ten Commandments and Creed be drawn in fair Letters what Assessments are made for the Repair of the Church and the Names of such as make Default in paying them whether there be a Communion Table Carpet and Font in the Church and all other necessary and useful Ornaments in Church and Churchyard whether the Parsonage-house and Out-houses are in good Repair 2. Whether the Parson Vicar or Curate Read the Common-prayer at Morning and Evening Service with his Surplice or Preach every Lord's Day Read Homilies Catechise keep Perambulation Preach sound Doctrin and use no Seditious Expressions against the Government whether he Celebrate the Lord's-Supper at least three times every Year once to be at Easter whether he Baptize Infants with Godfathers and Godmothers Bury the Dead according to the Form prescribed in the Book of Common-prayer Preach in his Gown Visit the Sick and Pray with them whether he Marry Clandestinely that be a Sober-Man live Chastly and be a Peace-maker in his Parish whether once every Year at least he Read the Canons to the Parishioners and twice every Year the 39 Articles 3. Whether the Parishioners at due Age resort to the Parish-church to hear Divine Service and there Reverently and Decently behave themselves whether any Work or Sell Wares on the Lord's-day c. Whether Vintners Inn-keepers or Ale-house-keepers keep Tipling in their Houses on the Lord's-day 4. Whether any be Married within the prohibited Degrees or be Adulterers Fornicators Swearers Drunkards Blasphemers Sorcerers c. whether all the Parishioners above 16 Years receive the Communion at least thrice in the Year Easter to be one time whether any unseasonably keep their Children from being Baptized or Women decline the usual Time of being â—hurched after their Delivery whether any â—â—ing not their Dead to be decently Buried after 〈◊〉 Service of the Church whether any have â—â—en Married without the Publishment of Banns 〈◊〉 License or at unlawful Hours whether their â—â—spitals Alms-houses Schools or Spittles if 〈◊〉 belong to them be well and Godly used 〈◊〉 any thing detained from them what Leâ—â—cies are given to Pious Uses and if the Paâ—â—shioners are orderly placed in their Seats without â—â—ntention 5. Whether the Parish-clark or Sexton be â—â—ly chosen can Write Read make the Reâ—â—ses and be an honest Man If the School-â—aster Usher Physician Chyrurgeon or Mid-â—ife if any be in the Parish Teach or Practise â—ithout License whether the Churchwardens 〈◊〉 duly chosen in the Week after Easter by the â—â—â—ister and Parishoners according to the Caâ—â—â— or Custom whether the old Churchwarâ—â—ns have been careful to keep the Church in â—epair to keep and carefully secure all Furniâ—â—re belonging to the Church c. And whether 〈◊〉 the middle of Divine Service they walk out 〈◊〉 the Church to visit Taverns Inns Ale-houâ—â—s c. where Tipling may be used and to see â—ho are Loytering or Exercising any Sports on â—he Lord's-day These are the chief things to be presented that other Matters may occur are rather Acâ—â—dental than Certain and therefore these may â—ell suffice for the Churchwardens Instructiâ—n CHAP. LXXIV Several Nice Matters laid down for the Instruction of Church-wardens in their Office and Duty c. IF a Bell be broke the Church-wardens may have an Action against him that so broke it or caused it to be broken and recover Damages to the Use of the Parish If any one take the Organs out of the Church the Church-wardens may bring an Action of Trespass for the Organs appertain to the Parishioners and not to the Parson so no Action will lye in the Parson's Name nor can he Sue the Party that took them in the Ecclesiastical Court The Church-wardens have no Action at Common-law to recover a Legacy never in their Possession But for any Goods and Ornaments of the Church being once in their Possession or Custody they may maintain an Appeal of Robbery against any one or more persons that Steals them and an Action of Trespass against him that does without Right take them away even against the Parson or Vicar so offending and the Damages so to be recovered against such Offenders shall be converted to the Use of the Parish But if it so fall out that those Church-wardens from under whose Custody the Goods were taken chance to Die before they have brought any such Action the succeeding Church-wardens have no Right by Law to bring an Action for the same Goods If a Church-warden presents that any Parishioner certifying his Name is a Railer common Dâ—â—turber or sower of Discord among the Neighboâ—â—s unless it be done in the Church or Church-yard a Prohibition lies if the Presentment be made in the Ecclesiastical Court because it is the Leet and not in the Church-warden if the Offence be committed elsewhere that is to present it If a Suit be commenc'd by the Church-wardens in the Court Ecclesiastical for a Church-way claimed as a Right belonging to all the Parishioners by Prescription here a Prohibition lies it is a Temporal Case and not in the Jurisdiction of the Spiritual Court If any one be Sued in the Ecclesiastical Court for refusing to Feast and Entertain the Church-wardens and those that go with them in their Perambulation or Procession
Counties or one part thereof to lye in any City or Corporation Town where there are proper Justices in that case the Justices of each County are to meddle so much as appertains to the Party lying in the County of which they are Justices and so of the other parts and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up their Account to the Justices or Head Officers of both places Wingates Abridg. Stat. Tit. Poor People 43 Eliz. Châ—p 2. Dalton Just P. Chap. 73 Folio 156. The Overseers of the Poor are within 4 Days after their Year is expired and other Officers nominated their Successors to give up their Account in Truth before two Justices of the Peace one to be of the Quorum chiefly to this purpose 1st What Stock of Money they have received or Rated and not come to their Hands 2d What Stock of Stuff or Ware is in their own or in the Hands of any of the Poor 3d. What Apprentices they have put out and bound according to the Statute 4th What Poor they have set to Work or relieved 5th What Poor they have suffered to beg or wander out of the Town in the High Ways or in their Town without their Direc ions 6th Whether they met Monthly to consiâ—er of such Matters as are properly belonging to their Office â—th Whether they have made their Rates indifferent upon the Parishoners according to their Ability 8th Whether they have truly endeavoured to gather and levy all Assessmeâ—â—â— 9th Whether in them there has been any neglect of the Justices Warrants directed to them on any Account especially those for collecting any Forfeitures according to the Statute 43 Eliz. Chap. 2. Dalton Just P. Chap. 73 Folio 153. ☞ Note by the Statute made for the Burying in Woollen 30 Caroli 2. the Justices may nor allow the Accounts of the Overseers of the Poor till such time as they have given them an Account of the Burialâ— and Certificates and of their levying the penalty by that Statute directed If they refuse to give in their Accounts or make and yield a true and perfect Account to the said Justices of such Money and Stock in their Hands as has been mentioned two Justices of the Peace one being of the Quorum may commit them to the Common Goal not to be dismissed till they shall render a true Account and payed or satisfied the succeeding Overseers so much of the Sum and Stock as shall any ways appear to be remaining in their Hands and upon making a false Account lye liable to be bound over to the Sessions or Assizes where an Indictment may be preferred against them Dalt Just P. Chap. 73. Folio â—5â— Or the Justices or any two of them may grant a Warrant to the succeeding Overseers to levy the Sum upon the Goods and Chattels of the Offenders by Distress and Sale and for want of such Distress may commit them to Goal till Satisfaction be But note upon Sale the Overplus is to be returned to the Owner 42 Eliz. Chap. 2. If it so happen that any part of such Stock shall be found or known to be in the Hand of any Poor upon refusal of delivery two Justices may by Warrant cause the value to be levied or for want of wherewith on which to make Distress commit the Party to Prison as in the former Cases Dalt Just P. Chap. 72. Ibid. And for these all other Faults and Negligences of Churchwardens and Overseers â—lating to the Execution of their Office as to the Poor c. for every such Default made by any of them he is to forfeit 20 s. upon Proof by Confession or Examination of Witnesses to be levied by Warrant of two Justices of the Peace by Distress and Sale of Goods or for want of it the Offender to be Imprisoned and the Money so levied to be Employed to the use of the Poor of the Parish Dalt Just P. Chap. 73. Folio 155. 43. Eliz. Chap. 2. So that by the Law great care is taken that these Officers shall not be wronged in their â—ust Râ—ghts nor the Parish or Poor be wronged by them CHAP. LXXIX The Office of the Overseers of the Poor in receiving Fines to the use of the Poor in some Respect of Destroyers of Game unlawfully Fishing also relating to Measures and Burying in Woollen IT is the Business of the Overseers of the Poor to receive such Fines or Forfeitures as accrue from Offences in such as in the Night time Kill or take any Coneys upon the Borders of Warrens or such Grounds where the Owner may lawfully keep Coneys the Parties so Killing or Destroying not being Proprietors nor allowed by the Owner Also of such as use Hare-Pipes Snares or such like Implements or take Fish by any Nets Angling or other Device in any Water or River not lawful or shall be assisting thereunto without the consent of the Lord of the Mannour or Owner of the Water and the Sum for these Offences is to be amerced by the Justice of Peace before whom the Party offending shall be convicted the Sum not exceeding Ten Shillings over and above what the Owner may have or recover his Damage sustained for and the party for Default of payment may be sent by the Justice to the House of Correction for any time not exceeding a Month unless he enter into Bond with one or more Sureties to the party aggrieved the Sum not exceeding Ten pounds never in the like manner to offend any more and for these Offences the Offenders Goods are liable to Distress and Sale but then the Imprisonment must be remitted upon Satisfaction that way made 22 c. 23 Caroli 2. Chap. 24. As to Weights and Measures the Overseers for the poor as well as other Officers ought to have a special Regard to them and in this case there ought to be one Weight one Measure and one Yard according to the Exchequer Standard in every part of the Realm as well within as without places priviledged and every Measure of Corn is to be striked and those that keep different Weights and Measures not agrreeing in all respects with the Standard to buy and sell by being convicted thereof by the Oath of two Witnesses before any Justice of Peace or Head Officer of the Town or place where the Offence is done shall forfeit Five Shillings to be levied by the Church-wardens or Overseers of the poor in the parish where the Offence is committed by Distress and Sale of Goods upon Warrant and for want of such Distress the Offender to be committed to prison without Bail till payment be made and if any person be troubled for any Matter concerning his Office in this case he may plead the General Issue and give in Evidence the Act of 17 Caroli 2. And to have treble Costs if the Suit so brought prove vexatious Dalt Just P. 112. Folio 246. c. The penalty of 5 l. is to the
with the Advice of the Inhabitants or the major part of them upon publick Notice before given are diligently to oversee those that Work on the days appointed for the digging and carrying Gravel and other Materials for mending such Ways where they shall find them defective giving them Directions in order thereto and upon publick Notice or Wa ning the Persons so qualified are to send their Carts and Labourers Every Person having in his own Occupation a Plough-Land in Tillage or Pasture or keeping a Plough or Draught in the same Parish is liable to send according to the Fashion and Custom of the County wherein he resideth or is so legally Charged a Wain or Cart with Oxen or Horses fit for Carriage and Work of this nature attended by two able Men who shall do such Work as shall be by the Surveyors appointed them for the space of days Working 8 hours every such day under the Penalty of forfeiting for every days Default 10 s. and every other Housholder Cotter or Labourer not being a hired Servant shall in Person attend the Service to Work or send an able Man in his stead under Penalty for every days Default to pay 12 d. and all other Persons being no otherways chargeable but Cottages being Subsidy 5 l. in Goods or 40 s. by the Year in Lands or above they must find two able Men to Work in the Service It is in the Discretion of the Surveyors if there be more Carts Wains c. than are necessary to appoint two able Men instead of a Team on forfeiture of 12 d. each in case of Defect And if in 6 days the Ways cannot be conveniently mended as is the usual time they may set a farther time but then they must make Payment for it according to the Rate of the County and if hereupon there be no Agreement the Justice may settle the Rate If Materials be wanting the Surveyors may take the small loose Stones from any Man's Quarry and such Rubbish as he finds there it being near the Road without paying for it but must not dig not take away the great Stones They may dig Gravel and Sand for the like Use near any Highway in other Mens Ground not being their House Yard Orchard or Garden without paying for it the Pit not exceeding 10 Foot in breadth and the like in width which as soon as the Work is over must be covered up and made good at their Charge who caused it to be digg'd or if it be so filled up within the space of one Month they forfeit 5 Marks to be recovered by the Owner by Action of Debt All Owners of Ground adjoining to the High-ways are to keep their Hedges low and upright that the Boughs or Brambles standing out may not hinder or offend Travellers and that so the Sun may shine on the Ways to dry them and such as are negligent in this may be Presented and Indicted and thereupon forfeit 10 s. besides their Charges And in case Ditches are stopped up with Mud or Ouse that should be Drains to the Highway so that the Water lies in it and cannot have a current Passage the Owner of such a Ditch or Water-drain shall forfeit 12 d. for every Rod so neglected to be Scowred by 18 Eliz. Chap. 10. And the Surveyor hath power to make Conveniencies for draining the Highways as Sluces Out-lets of Water c. into any Man's Ditch or Ground for the better and more speedy Conveniency of passing the Road. If any Man upon Cleansing a Ditch cast the Soil into the Road and suffer it to lie there above the space of six Months he is liable to pay 12 d. per Load for as many as shall be adjudged to be there If a Justice of the Peace shall upon his own Knowledge of any Nusance on the Road make a Presentment it stands good and two Justices one being of the Quorum may make the Amercement or Fine to be levyed on the Offender These Officers viz. Surveyors have in their Care all Bridges witnin their several Parishes or Liberties to see they are kept in good Repair from time to time at the Charge of the Parish Hundred or as the Custom has been and is continued and if a Custom has therein ceased for a time it may be revived for in some Cases particular Persons are bound by Tenure of Land c. to repair part or the whole of a Bridge c. without a Parish Charge But to instance these Particulars would be too tedious for my intended Brevity and many times a whole County Iles chargeable to be Rated for the Repair of a Bridge c. CHAP. LXXXII The Office of a Surveyor in draining the Roads making Presentments and in what Case a Justice of Peace may Present how the Surveyor shall be Reimbursed for Moneys laid out for Materials c. A Surveyor may Cause a Water-course or Spring in the Highway within his Parish to be turned into another Man's Ground or his Ditch next adjoining to the said way for the Conveniency of keeping the Road dry as in his Discretion shall seem fitting Dalt Chap. 50. Fol. 103. The Surveyors o any one of them have power to present to the next Justice of the Peace every Default upon the 2 and 3 of Philip and Mary Chap. 8. and 5 Eliz. Chap. 14. within one Month after the Default made on the Penalty of 40 s. and the Justice under Penalty of 5 l. must certify the same at the next Quarter-Sessions where the Bench of Justices have power to enquire of the Default and to set such Fine on the Offender as any two of them one being of the Quorum shall think fit 5 Eliz. Chap. 1â— If any Justice of the Peace present in Sessions upon his own Knowledge it shall be a good Conviction whereupon any two of the Justices the one being of the Quorum may assess a Fine as well as if the Matter had been found on the Verdict of 12 Men But in this Case the Offendor shall be as in other Cases admitted to his Traverse 5 Eliz. Chap. 13. Rast 199. and all such Fines and Forfeitures are to be bestowed and employed towards the mending and bettering of the Highways in the Parish where the Offences are committed Wing Abridg. Stat. Tit. Highways 2 3 P. M. Chap. 8. Where Surveyors have laid out their Money for Materials to mend the Ways where without there were none fitting to be had it is enacted 2 and 3 of William and Mary That upon notice given by the Surveyors of Highways to the Justices of the Peace at their Grand Sessions and Oath made of what Sum or Sums of Money are expended to that Use and Behoof the Justices thereupon or any two of them under their Hands and Seals may cause an equal Rate to be made for the reimbursing the Surveyor or Surveyors the Moneys by them to the Use aforesaid laid out upon all the Inhabitants of such Parish or Township where it was expended