Stable the word Conning or Cyng signifies a King and Stable a Stay or Prop which is as much as to say the stay or prop of the King that great Officer the Constable of England having that Title given by reason of the great Authority that he had was a principal Prop of Stay unto the Kings government from whence is this Title and Office of this Lower Constableship derived and continued though with lesser Authority unto this hour and is a branch of that Original By the Statute of Winchester made in the time of King Edward the First these Constables of Hundreds were appointed to keep Watching and Warding for the better keeping of the Peace and prevention of Thieveries and Robberies and apprehensions of Felons and Rogues c. and that the High-Constables in every Hundred and Franchise should take the view of Armour c. Hereby it appears that the name of a Constable in an Hundred or Franchise is an Officer to assist and support the Kings Majesty in the maintenance and preservation of his Peace within his Hundred or Franchise and he is called the High-Constable in respect of the Constables or Petty-Constables and Headboroughs or Tythingmen which be in the respective Towns Villages Parishes or Precincts within his Hundred or Franchise under his Jurisdiction and it is also the part and duty of these inferior Officers to execute the High-Constables office in his absence in maintaining and keeping the peace in their several Tythings and Limits and in the High-Constables presence to be aiding and assisting unto him The High-Constables of every Hundred or Rape or Riding are chosen by the Justices in each County most usually at their general Quarter Sessions or in their several divisions from the Justices they receive their Authority and are by them again discharged of their office as they shall see cause At the entrance into their office they take an Oath the usual form whereof followeth The High-Constables Oath 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 Majesties peace to be well and truly kept and preserved according to your power you shall arrest all such persons as in your sight and presence shall ride or go Armed offensively or shall commit or make any Riot Affray or other breach of his Majesties peace you shall do your best eudeavor upon complaint to you made to apprehend all Felons Barretors and Rioters or persons Riotously assembled and if any such Offendors shall make resistance with force you shall levy Hue and Cry and shall pursue them until they be taken you shall do your best endeavour that the Watch in and about your Hundred be duly kept for the apprehending of Rogues Vagabonds Nightwalkers Eves-droppers Scouts and other suspected persons and of such as go Armed and the like and that Hue and Cry be duly raised and pursued according to the Statute of Winchester against Murderers Thieves and other Felons and that the Statutes made for the punishment of Rogues and Vagabonds and such other idle persons as come within your bounds and limits be duly put in execution you shall have a watchful eye to such persons as shall maintain or keep any Common house or place where any unlawful Game is or shall be used as also to such as shall frequent or use such places or shall use or exercise any unlawful Games there or elsewhere contrary to the Statutes At your Assizes Sessions of the peace or Leet you shall present all and every the offences done contrary to the Statutes made 1 Jacobi 4 Jacobi 21 Jacobi regis to restrain the inordinate haunting and tippling in Innes Alehouses and other Victualling houses and for repressing of Drunkenness you shall there likewise true Presentment make of all Bloud sheddings Affrayes Outcryes Rescous and other offences committed or done against the Kings Majesties 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 9. and their Servants sc their Monthly absence from the Church 3 Jac. 4. you shall well and duly execute all Precepts and Warrants to you directed from the Justices of the peace of this County or higher Officers you shall be ayding to your Neighbours against unlawful Purveyances in time of Hay or Cora harvest upon request you shall cause all persons meet to Serve by the day for the Mowing Reaping or getting in of Corn or Hay you shall in Easter-week cause your Parishioners to chuse Surveyors for the mending of the High-wayes 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 of a Constable so long as you continue in the said Office So help you God In this Oath is briefly comprehended the whole Duty of a Constable and the principal matters of his Office at large I shall now set forth every particular branch of the Constables office and of the Tythingmen Headboroughs Borsholders their Duties are the same in effect and their Authority yet the latter are inferiours to the former The Form of the Petty-Constable or Tything-mans c. Oath is thus YOu shall Swear That you shall well and truly Execute the Office of a Tythingman of the Tything of H. or Headborough c. His Majesties Peace in your own person you shall keep and see it kept in all others as much as in you lyeth In the presence of the High-Constable you shall be ayding and assisting unto him and in his absence you shall execute his Office and do all other thing belonging to your Office according to your knowledge and power until another be chosen in your room or you be legally discharged thereof So help you God There are in several Counties of this Realm other Officers that is by other Titles but not much inferiour to our Constables as in Warwickshire a Thirdborough and in other places a Boroughead in others a Chief-pledge The Authority of these as I said is much like that of the Constables but yet the Office of the Constable is distinct and of greater authority and respect than these Lambert pag. 51. c. Duty of Constables saith that these Tythingmen Borsholders c. cannot meddle in a Town or Parish where a Constable is because in comparison of them the Constables be Headoffiers and that the Tythingmen c. are but Assistants where the Constable is present but in his absence they are to perform the service and that there are many things which a Constable may do wherewith the Tythingman and the rest cannot meddle at all 1 Jac. cap. 7. Lambert Off. del Const 4 6 9. In Towns where there be no Constables and that the only Officers for the Peace there be Headboroughs Thirdboroughs Borsholders or such other and in such cases where their power and authority is declared to
to Arrest the party for the same cause the first arrest was unlawful and the Officer is lyable to an Action of False Imprisonment 10 E. 4. fol. 12. Br. False Impris 38. Where a Warrant is granted against I. H. the son of T. H. and the Officer thereupon arresteth I. H. the son of W. H. although in truth he be the same person that offended and against whom the complaint was made yet this Arrest is wrongful and the Officer is subject to an Action of False Imprisonment Cromp. 214. a. 148. Crooke 144.53 If a Constable or any other person hath arrested a man by virtue of his Warrant which he hath from a Justice of the peace and then taketh his word that he will come to him again at another time to go with him to the Justice according to his Warrant and so letteth the party go who comes not again at the time appointed it seems the Officer cannot afterwards arrest or take him again by force of his former warrant because this was done by the consent of the Officer But if the party arrested had escaped of his own wrong without the consent of the Officer the Officer may take him again and again upon fresh suit so often as he escapeth although he be out of view or that he fly into another Town or County When an Officer hath received a warrant he is bound to observe and pursue the effect of his Warrant in every behalf and particular or otherwise his warrant will not excuse him of that which he hath done 21 H. 7.39 If a Constable or other officer having a lawful warrant to Arrest another and he shall be resisted or assaulted by the party or by any other person then may that Officer justifie the beating or hurting of such persons and others upon his request may and ought to aid him 14 H. 8.16 Br. Faux Imp. 8. Lamb. 67.94 Co. 10.76 Cromp. 74. If a Justice of peace shall issue out any Warrant for a matter wherein he hath Jurisdiction although it be beyond his Authority yet it is not disputable by the Constable or other such officer but must be obeyed and executed by the Constable or other officer to whom it is brought As if a Justice of peace shall send forth his Warrant to arrest one for the peace or good behaviour without cause the officer that serves this warrant shall not be punished for the executing thereof but if a Justice of peace shall make his warrant to do a thing out of his jurisdiction or in a cause wherein the Justice of peace is no Judge if the Officer shall serve such a Warrant here he is punishable for the Officer is not bound to obey him who is not Judge of the Cause no more than a mere stranger for the Officer is bound to take notice of the authority and jurisdiction of the Judge But if any Justice sends his warrant to a Constable or any other officer to bring him to answer all such matters as shall be objected against him and doth not specifie the cause in his Warrant wherefore he issued forth the same this Warrant is unlawful and the Officer is liable to an Action of False imprisonment if he executes it So if a Justice of peace send a Warrant to take one for Cozenage to take and bring to a Justice or to Gaol one that another doth suspect for Felony where the matter is small or the suspition slight or to license a petty Chapman to sell from house to house to send a poor body to a place otherwise than the Law directs c. such kind of Warrants are not warrantable Cook Iustit part 4. tit De frangent Prison ' All Warrants not specifying the Cause are utterly against Law Except for Treason or Warrants from the Council Secretaries of State or Lord Chief Justice these need not set forth the Cause for reasons of State Cromp. 149. If any man shall contemn or abuse the Justice of peace his Warrant as by casting it into the dirt or treading it under his feet c. such offendor may be bound to his good behavior for it and be Indicted and Fined it being a contempt against the Kings process CHAP. III. Articles which the High-Constables are to return unto the Justices at their Sessions or monthly meetings of their Divisions and to cause their Petty-Constables Headboroughs and Tythingmen in their several Liberties to make Return thereof unto them 1. THey are to return the Names Sirnames additions of names and qualities of all Popish Recusants as well house-keepers as lodgers dwelling or residing in any of their said Parishes Liberties or Precincts 2. Such persons as shall continue drinking or tipling in any Innes or Ale-houses at any time and more especially upon the Lords day or Holidayes and such persons as they shall find drunk and all such Inn-keepers and Alehouse-keepers as shall entertain them 3. Item The names of such as shall prophanely Swear or Curse with the number of their Oaths immediately after the committing such offence inform the next Justice thereof 4. Item They are to Return such Victualers or Alehouse-keepers as use victualing or selling of Beer and Ale without License 5. Item Such persons as suffer any unlawful Games to be suffered in their houses backsides or gardens and also the Names of such as shall play at any of the said Games 6. Item Such persons as refuse or neglect to do their duty of Watching and Warding 7. Item Such persons as divide their houses into several Tenements and such as do entertain Inmates who may be an annoyance to their neighbours or likely to bring charge upon the Parish 8. Item The defaults of Petty-Constables and Tythingmen c. for not causing rogues vagabonds and beggars to be duly apprehended punished and passed according to the Statute 9. Item All Masterless men and women living at their own hands such as are idle and will not labour and can give no good Account how they get their living all Suspitious persons Whores Noctivagants or Night-walkers and Mothers of Bastards which may be chargeable to the Parish 10. Item The names of such persons as refuse to take Apprentices poor Parish-children to Husbandry and other callings according to Law 11. Item All such as neglect to make due Rates and Collections for the relief of the Poor in every parish and that cannot or do not give a just Account of the employment of the Rent and Stock of the Poor 12. Item Of the defects in the High-wayes and Bridges with the names of such as should repair them and have neglected or refused to do their duty herein 13. Item Such Scavengers as neglect to do their office in cleansing the Streets to be kept clean within their Liberties and the names of such persons as commit common Annoyances by laying of dung soyl dirt or ashes in the Street 14. Item The names of all such persons as refuse to Pave the Streets before their houses where the said streets
have usually been paved formerly 15. Item The names of all such persons as keep any Hogs to the common Annoyance of his Majesties subjects in or about such Liberties places and precincts where Hogs ought not to be kept 16. Item All such Bakers as put light Bread to sale and the weight thereof and such Brewers as sell Beer or Ale to unlicensed Alehouse-keepers all Forestallers Regrators and ingrossers of any Corn Grain Butter Cheese Bacon or any other kind of dead Victuals whatsoever 17. Lastly All such persons as can prove or testifie any of the said Offences are to be warned to appear before the said Justices at their Sessions or meetings aforesaid to testifie their knowledge of such Offences of which they can give Information CHAP. IV. The duty of Constables c. touching Watching Warding Rogues Vagabonds Hue and Cry carrying Prisoners to the Gaol Servants and Labourers 13 EDu. 1. cap. 4. Dalt ch 60. f. 140. Poul Watch. 1. A Watch is to be kept in every Town Parish Village and Tything every night from Ascension till Michaelmas from Sun-set to Sun-rise which the Constables c. must constantly cause to be set and that by two or four men according to the greatness of the place 1. Dalton ch 60. fol. 140. 5 Ed. 3.14 5 H. 7.5 These Watchmen are to apprehend and examine all strangers that pass by them in the night and if they find cause of suspition in them then they may secure them till the morning and if the parties refuse to obey the Watchmen they may levy Hue and Cry to take them and upon their resistance the Watchmen may justifie the beating of them and set them in the Stocks or Cage till morning and then if no suspition be found in the parties they may let them go But if there be found suspition in them then the Watchmen may deliver them to the Constable or Tythingman c. who is to convey them before a Justice of peace who after Examination of them may bind them over commit or acquit them as he shall see cause These Watchmen are also to apprehend all such as ride or go armed and all Rogues Vagabonds Noctivagants Nightwalkers Evesdroppers Scouts and such like Dalt J. P. chap. 60. fol. 141. These three particulars following have been held for Law concerning Watches viz. 1. The Watchmen must be men of body well and sufficiently armed not with a Prong as the Countrey fashion is and no man is compellable to Watch unless he be an inhabitant within the same Town or Parish where he is required to Watch. 2. Such as are Inhabitants within the Town are not compellable to Watch at the will of the Constable but only when their turn comes according to the use and custome of the place which is most commonly by Turn or House 3. Dalton Ibid. It hath been held by some That if a man who is compellable to Watch shall contemptuously refuse to Watch upon command of the Constable that in such case the Constable might ex Officio set the party in the Stocks for his contempt But the safest way is for the Constable to present such person for his default at the Assizes or Sessions of the Peace or else to complain of him to a Justice of the peace who may bind the offendor to the good behaviour and so over to the next Quarter-Sessions there to answer c. 2. 39 Eliz. ch 4. Wingat's Stat. tit Vagabonds Resolu Judges sect 717. Bolstr 2. part Rep. f. 258. The Constable Tythingman or Headborough assisted by the Minister and one other of the Parish is to see or do it himself Rogues and Vagabonds which shall be taken begging stripped naked from the middle upwards and openly whipped till their body be bloody and then forthwith to be sent away from parish to parish or tything to tything the next straight way to the place of their birth and if that cannot be known then to the place where they last dwelt by the space of one whole year before such punishment and if that cannot be known then to the Town through which they last passed unpunished and when they come there if it cannot be discovered where they were born or last dwelt as aforesaid then are they by that Constable to be conveyed to the House of correction or common Gaol of that County to be employed in work or placed in some service and so to continue by the space of one year or in case they be not able in body that Town is to keep them till they may be placed in some Alms-house within the same Countie Dalton f. 129. After such punishment the Vagabond is to have a Testimonial under the hand and seal of the Constable Tythingman c. and the Minister of the place testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his own default he Exceeds he shall incurr the like punishment from time to time till he arrive at the place limited The substance of the Testimonial is to be entred by the Minister in a Register-book which he is to keep for that purpose on pain of 5. shillings The form of a Testimonial for Conveying a Rogue or Vagabond W.W. A sturdy vagrant Beggar aged about 40 years tall of stature red haired and long lean visaged and squint-eyed was this 24 day of A. in the 22 year of the Reign of our gracious Sovereign Lord King Charles the Second c. openly whipped at T. in the County of G. according to the Law for a wandring Rogue and is assigned to pass forthwith from parish to parish by the Officers thereof the next straight way to W. in the County of B. where he confesseth he was born and he is limited to be at W. aforesaid within twelve dayes now next ensuing at his peril Given under the hands and seals of C. W. Minister of T. aforesaid and of J. G. Constable there the day and year aforesaid A Justice of peace alone may under his hand and seal make such Testimonial Lambert 206. 39 Eliz. cap. 4. Dalt ch 47. fol. 128. Resolu Judges sect 13 14. If any Constable Tythingman or Headborough be found negligent in the due Execution of the Act of the 39. of Eliz. aforesaid he forfeits ten Shillings for every default And such persons as shall hinder the execution of the Law upon Rogues forfeit five Pounds and are to be bound to the good behaviour and if a Constable refuse to receive a Rogue and to convey him or her to the next or if he do receive him and not convey him to the next Constable he forfeits five Pounds and may be bound to the good behaviour 1 Jac. ch 7. Dalt ch 47. fol. 128. Resolu Judg. sect 13 14. Every person shall apprehend or cause to be apprehended such Rogues as he shall see or know to resort to his house to beg or receive any alms and
are to be maintained and the Officers which attend that service are to be rewarded at the discretion of the Inhabitants 8 H. 6. ch 5. 11 H. 7. ch 4. Every City which wants such Weights and Measures forfeits ten Pounds to the King every Borough five Pounds and every Market-Town forty Shillings And the chief Officers of such places upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings subjects taking for the marking of every Bushel one Penny and none ought to sell with any other Weights and Measures but such as are marked or sealed 11 H. 7. ch 4. The Mayors and chief officers in Cities c. are once every year at least to view all Measures and Weights in their Jurisdictions and to break or burn such as they find defective and to punish the offendors for the first offence 6. Shillings eight pence for the second 13. Shillings four pence and for the third offence 20. Shillings and besides may adjudge the offendors to the Pillory Purveyance 13 Car. 2. ch 8. The Clerk or chief officer of the Kings Carriages shall three dayes before His Majesties arrival by warrant from the Green-cloth give notice in writing to two Justices of the peace adjoyning to the place where His Majesty is to come to provide such a number of Carts and Carriages as the said Offcer shall need for that work and to express the time and place where the said Carts and Carriages are to attend and then these Justices are to require the Countrey to provide the number of Carts and carriages of four able Horses or four Oxen and two Horses a piece at six pence a mile for every mile they go laden to be payd them in hand at the place of Lading and no Carriage to be enforced to travel above One dayes journey from the place where they receive their lading and if any refuse or shall not be ready at the time and place and having not good cause to the contrary the Justices upon proof thereof by two witnesses or the oath of the Constable or other officer may by their warrant cause to be levied by distress and sale of the offendors goods 40. Shillings 13 Car. 2. chap. 8. If any Justice of peace or officer take any gist to spare any person from making such Carriage or shall press more Carriages than is directed from the Green-cloth the offendor forfeits Ten pounds to be recovered by any person by Action of Debt in any Court of Record 12 Car. 2. ch 24.13 Car. 2. ch 8. No pre-emption shall be allowed to the King His heirs or successors nor to the Queen or any of the Children of the Royal Family in market or out of market but all subjects may dispose of their goods as they please And if any person shall make any Purveyance or impress any Carriages otherwise than is appointed by 13 Car. 2. ch 8. by order from the Green-cloth or other things by colour of any authority of Purveyance for the King c. contrary to the Act 12 Car. 2. ch 24. then two or one Justice of the peace next adjoyning and the Constable of the place where such offence is committed upon complaint of the party grieved may send the offendor to the Gaol until the next Sessions there to be indicted for the same And the party grieved may have his Action against the offendor and therein shall recover treble Damages and treble Costs 14 Car. 2. ch 20. Two or more Justices of the peace by Warrant from the Lord High-Admiral of England or two or more of the principal Officers or Commissioners of the Navy or the Master of his Majesties Ordnance or the Lieutenant of His Ordnance are to provide Carriages with horses and oxen out of the Countrey not being above twelve miles distant from the place of Lading the owners of which Carriages or their servants are to receive Twelve pence a Mile for every Load of Timber and Eight pence a Mile for every Tun of other commodities And such persons as neglect or refuse to make their appearance upon oath thereof made before the Justices by the Constable or two witnesses the person refusing or neglecting forfeits Twenty shillings to be levied by distress and sale of his Goods by warrant from the said Justices Mayor or other chief Officer or from the principal Officers or Commissioners of His Majesties Navy or Master or Lieutenant of His Majesties Ordnance rendring to the owner the overplus if any be first deducting the charge of Distreining Stat. ibid. No Horses c. or Land-carriage shall be forced to travel more dayes-journey from the place where they receive their lading nor be compelled to continue longer in the employment than the said Justices shall appoint and that ready money be paid to the parties in hand at the place of Lading according to the Rates aforesaid The Act of 14 Car. ch 20. 13. cap. 8. are to continue until the end of the first Session of the next Parliament High-wayes 14 Car. 2. ch 6. The Churchwardens Constables or Tythingmen of every parish are upon Monday or Tuesday in Easter-week after notice given publickly in the Church the Sunday before after Morning prayer ended with the advice and consent of the major part of the Parish then present to chuse two or more sufficient Inhabitants of the place to be Surveyors for the High-wayes for the Year following and give notice thereof to the parties chosen in writing under pain of Five pounds This Act is to continue until the end of the first Session of the next Parliament 2 3 P. M. ch 8. The Churchwardens and Constables c. offending herein may be punished by Fine or Amerciament at the Quarter-Sessions by the discretion of the Justices Stat. ibid. P. M. 5 Eliz. ch 13. The Constables and Churchwardens are then also to appoint six dayes between that and the four and twentieth day of June for the Amendment of the High-wayes and to give publick notice thereof in the Church the next Sunday after Stat. idem Stewards in Leets have power to inquire after the breach of this Statute about High-wayes and to set Fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented Estreats thereof under their hands and seals viz. one part to the Bayliff or High-Constable of the Liberty and the other to the Constable and Churchwardens where the default was made Stat. idem In default of presentment thereof in Leets the Justices of peace may inquire thereof in their Sessions and set such Fines as they or any two of them whereof one must be of the Quorum shall think fit whereof the Clerk of the peace shall deliver indented Estreats in manner as is aforesaid Stat. idem Dalton J. P. ch 76. fol. 71. These Estreats of Stewards of Leets or Clerk of the peace shall be a sufficient Warrant for the Bayliff or chief Constable to levy the
prison there to remain till the said Forfeiture be paid But if a man marry a Grandmother that hath no Estate the Grandfather-in-Law is not chargeable but if she have an Estate caused without such Marriage or that comes after Marriage by descent or otherwise to her here he may be charged but he can be charged in no case longer than his Wife lives Bastard-children are not within this Law neither can the Justices do any thing herein against a man that lives out of their County Resol Judges 15. No Poor may beg but in their own Parish and there by License of the Overseers of the poor and they may not license them to beg in the High-wayes there 1 Jac. 7. No inhabitants may serve any Poor at their door but those of their own Parish that have License from the Overseers of the poor to Beg on pain of Ten shillings for every default Stat. 43 Eliz. 2. The Overseers to make provision for a poor man that wants a house but not for a common Herdsman or Shepherd with consent of the Lord of the Manor by writing under his hand and seal either by themselves or with a Sessions order may erect a Cottage upon any part of the Waste of the Manor and lodge inmates therein notwithstanding the Statute of 31 El. 7. but such Cottage must not be any otherwise employed Stat. 4.3 El. ch 2. All such persons married or unmarried having no means to maintain them use no ordinary and dayly Trade to get their living by and such persons as can get no work are to be set on work by the Overseers and any one Justice of peace may send to the House of Correction or common Gaol such as shall not employ themselves to work being appointed thereto by the Churchwardens and Overseers of the poor Stat. 3 Car. 1. ch 4. The Churchwardens and Overseers of the poor with the consent of two or more Justices of the peace one of the Quorum may set up and use any Trade Mystery or Occupation for the setting on Work and better relief of the Poor of the Parish Town or place where they are Overseers 14 Car. 2. chap. 12. If a stranger come into a Parish into any house under the yearly Rent of Ten pounds per annum the Overseers may require sufficient security of him for the discharge of the Parish and if he refuse they may complain to the Justices of the peace within forty dayes after the parties coming to the Parish and they may order him to give security or otherwise remove him Dalt J. P. chap. 40. fol. 94 95. The Overseers are to take and put out Apprentices such poor mens children as are brought up idly and loosely or such as are a burden and charge to their Parish and they must have regad to put them to such Masters as are of ability and honesty that shall not provoke their Apprentices to run away by hard usage nor suffer them to consume their time without learning their Trade And they are to put out their Children Apprentices while they are young and tractable so they be above seven years of age for else by reason of their idle and base bringing up they will hardly keep their service or employ themselves to work 7 Jac. ch 3. These Apprentices are to be chosen out of the poorest sort of Children whose parents are least able to maintain them and they must be above Seven and under Fifteen years of age when they are first bound 43 Eliz. chap. 2. Dalt ch 31. fol. 83. The Overseers are to have the consent of two Justices of the peace in the putting out of such Apprentices and they may bind the Man-child till 24. years of age and the Woman-child till 21. or till she be married which shall first happen And these Apprentices may be bound to Weavers Masons Dyers Fullers or any other Trade as well as to Husbandry or Houswifery Resol Judges 1633. Quest 1. The Apprentices may be put to any man whom the Overseers and Justices shall think fit within the same Parish or elsewhere in other Parishes within the same Hundred either with or without money But if the Child be young and the party to whom they place it not very able then they may give money if they please as the party and they can agree Resol Judges Q. 4. All men that have or may have use for Servants as Knights Clergymen Gentlemen and Yeomen as well as Tradesmen are bound to take Apprentices yea though wealthy men Table themselves or live so privately that they have no use for a Servant yet they may be compelled to take them or else to pay a summ of money for putting them Apprenprentices elsewhere and if they refuse to pay the summ imposed upon them two Justices of the peace may make their Warrant to leavy the same by distress and sale of the offendors goods Or the refuers to take Apprentices may be presented and indicted for the same upon the Statute of 43 Eliz. ch 2. Resol Judges Quest 2. An Apprentice put to a man in respect of his Farm when his Lease expireth the Apprentice shall go still with the Farm if the first Master be so pleased otherwise it is where an Apprentice is put to a man in respect of his abilities or for other respects And where any diffeences are between the Officers and the man that is to receive an Apprentice about money and what money shall be given or otherwise the Justices thereabouts or in their defaults the Sessions must determine it Dalt J. P. ch 40 31. fo 96 78. If the parents of poor Children shall refuse to let their Children be put out Apprentices without good cause shewed such Parents may be bound over by the Justices to answer their said default And if the Children shall refuse the Justices may send them to the House of Correction there to remain till they be content to be bound and serve Dalt J. P. ch 31. fo 82. These Apprentices must be bound by Indenture and not by any verbal Agreement and the Indenture must be either between the Justices Churchwardens and Overseers or some of them and the Apprentice on the one part and him that takes the Apprentice on the other part And he must be named by the name of an Apprentice expresly or else he is no Apprentice though he be bound The form of an Indenture for a poor Child put out by the Parish THis Indenture made the 25th day of M. c. Witnesseth That R. H. and R. W. Overseers for the Poor in the Parish of H. in the County of S. and H.T. Church-warden of the same parish by and with the consent of A. H. Knight and Baronet and F. T. Esq two of His Majesties Justices of the peace of the same County have by these presents placed and bound J. G. being a poor fatherless child as an Apprentice with E. B. of H. aforesaid widow and as an Apprentice with her the said E. B.
and send on every day to the place appointed by the Surveyors one Wayn or Cart after the fashion of the Countrey provided with Horses c. fit for the Carriage and with necessary Tools fit for the work and with two able men who are there to do such work with their Wayns c. as they shall be appointed by the Surveyors by the space of eight Hours every of the said six dayes on pain of Ten shillings every day default is made Stat. 2 3 P. M. ch 8. Every other Housholder Cottager and Labourer of the Parish Town c. able to labour and being no hired servant by the year must by himself or some other able man be then and there ready to work every of the said six dayes by the space of eight hours as aforesaid where they shall be appointed by the Surveyors on pain to forfeit Twelve pence for every day they make default 18 Eliz. ch 9. All persons being chargeable but as Cottagers by the 2 3 P. M. yet if they be in Subsidy 5 Pounds in Goods or 40 Shillings in Lands or above they must find two able men to work every of the said six dayes 2 3 P. M. ch 8. If any of the Carriages shall not be thought needful by the said Surveyors upon any of the said dayes they may appoi nt in stead of a Team two able men to work as aforesaid who shall not fail in pain that the party who should send them shall forfeit Twelve pence for every day that either of them makes default 18 Eliz. ch 9. He that shall occupy a Plough-Land in tillage or in pasture lying in several Parishes shall be chargeable only in the Parish where he dwelleth and he that occupieth several Plough Lands in several Parishes shall be charged in each Town or Parish where such Land lyeth viz. to find in each Town or Parish one Cart furnished as aforesaid though he be no inhabitant there Co. on Lit. fo 69. It is said that a Plough-Land is not alwayes of one content but ordinarily it is so much as one Plough may plough in on eyear which is on some Countries more and in some less according to the heaviness of the soil Co. 4. Rep. fo 37. b. 9 Rep. fo 124. A Plough-Land or Carve-Land may contain House Meadow Pasture and Wood and if one have so much of this as will keep a Plough and yield Tillage for it if part of it were eared in this case it seems he is to send his Plough Dalt J. P. chap. 26. fo 72. He that keepeth a Plough or Draught for carriage although he occupy little or no Land but carrieth or plougheth for other men yet it seems he is to send his Cart to the High-wayes and if a may keep only two Horses and a Cart for his own business he is to come with his Cart and two Horses with a Man to drive them 14 Car. 2. ch 6. If six dayes will not serve for repairing of the Highwayes the Surveyors may appoint more and charge all persons within their limits who are chargeable by the Law to come to the work but the Surveyors are to pay them for their work for all the dayes above six dayes according to the Rates of the Countrey and if they cannot agree the next Justice of the peace living out of the Parish is to determine the business between them 5 Eliz. ch 13. The Surveyors if they see cause for the amendment of the High-wayes may take and carry away so much of the rubbish and smallest broken stones of any mans Quarray lying within the same Parish without leave of the owner as they shall think needful or gather the loo se stones lying dispersed in any mans grounds But they may not without license dig in any mans Quarrey for new stones nor take the great stones already digged and if there be no such rubbish to be found in any mans Quarrey within the said Parish then they may enter into any mans several ground within the said Parish lying near the place where the Wayes are decayed and there if they see any hopes of finding materals fit for the reparation thereof without leave of the owner they may dig for Sand Stones Gravel c. so that it be not in the Houses Orchards Gardens or Meadows of any man they are not to come there without license of the owner And in such place where they may dig without leave they are not to make a pit above ten yards in breadth or length and they are to take care that the place be filled up again at the charge of the Parish within one Month after upon pain to forfeit five Marks to the owner of the ground to be recovered by Action of Debt 14 Car. 2. ch 6. The same power is granted to Surveyors to dig for Gravel Chalk Sand Stones c. in any mans ground in the parish next adjoyning to the place where the Wayes are in decay if there be not sufficient in the same parish Provided it be not in the House Garden Orchard Court Yard Park with Deer in it or in the Meadow of such party without paying any thing for the same Gravel c. only damages to the party for the carrying the same over his grass c. filling up the pits as is before mentioned 5 Eliz. within the same time and under the same penalty Stat. 5 Eliz. chap. 13.8 Eliz. chap. 10. If the owners of the grounds next adjoyning to the Highwayes do not keep their Hedges low and cut down their Trees and Bushes growing on the same Wayes they forfeit Ten shillings And he that scowrs not his Ditches in the ground next adjoyning to the ground that is next the Highway that the water may pass the better out of the Highway shall forfeit 12 d. for every Rod so left unscowred Stat. 18 Eliz. chap. 10. If any scowr his Ditch by the HIghways side and throw the soyl thereof into the highway and suffer it to lye there six Months he forfeits for every Load thereof 12 d. And the Surveyors are to make Sluces where such Banks have been heretofore made for carrying away the water out of the Highway Dalt J.P. ch 26. fo 70. Every Survey or may cause any Water-course or Spring of water being in the Highway within their parish to be turned into another mans several ditch or ground next adjoyning to the said Way in such manner as by the discretion of the Surveyors shall be thought meet Stat. 18 Eliz. ch 10. Wingate Abr. Stat. Tit. Highwayes The forfeitures of the Act of 18 Eliz. 10. must be levied by the Surveyors for the time being by warrant from the Justices before whom the party shall be convict by distress and sale of goods which forfeitures are to be employed towards the amendment of the Highwayes and if the Surveyors neglect to do it within one year after the offence committed then the Constables and Churchwardens by like