himself discharged by a Writ whereof see afterwards 2. The party chosen as he must be a lay person so he must be a lay-man not a lay-woman and therefore a widdow or maid albeit she keep House of her self and dwell in a House whose owner hath been used to serve in this Office is not to be chosen to this Office no more than she is to doe suit to the Leet 3. The party chosen as he must be a man so he must be idoneus homo i. e. a fit man that first for his knowledge that he doth in some good measure understand what he doth and ought to doe And therefore a man that is non compos mentis as an Ideot or mad man an Infant or the like cannot be a fit man 2. He must be fit for his honesty that he may be likely to execute his Office truely without ill affection or partiality and therefore it seems a scandalous liver a malicious and contentious man cannot be a fit man 3. He must be fit for his abilite of Body and Estate And therefore an old weak sick or otherwise impotent man or a poor needy man that lives only by his labour cannot be a fit man It was therefore by speciall direction from the King in An. Dom. 1630. given in charge that the Constables in all parishes should be chosen of the able sort of parishioners and that the Office should not be put upon the poorer sort the which if it were well observed would no doubt much further the execution of Justice through the Nation And if because the common course is every where to put these Offices upon the meaner sort of men the more able sort doe think themselves thereby exempted they are therein much deceived for it is not much to be doubed but that all persons that are bound to doe suit in the Leet are bound to serve in these Offices that are after a sort appendant to the Leet and therefore if any such person be called and chosen thereunto he must and will be compelled to execute the same Howbeit it is deemed an unfit and indiscreet part to elect any to these Offices that in respect of their o her Offices Callings or Professions are presumed to have so much other imployment that they have not leisure to attend upon this so much as is required And hence it is that the Justice of Peace Sheriffs Lawyers Atturnies and such like Persons are seldome or never chosen to these Offices For if any Steward or Jâ—â—y in a Leet should be so indiscreet as to choâ—â—e any such men to these Offices the Justices of Peace upon complaint to them hereof will no doubt be so discreet as to discharge them again and elect others in their place for he cannot be fit for that Office which he hath no leisure to wait and attend upon But otherwise it is not only lawfull but convenient also that these Officers be chosen in all places of the abler sort of men And therefore it hath been of late resolved by the Judges That if a man had made himself one of the Kings servants extraordinary that this would not exempt him from the execution of this office but he must have been made Constable notwithstanding 4. An Infant under the age of twenty one yeers may not of right bee compelled to serve in these offices And yet if such a one be chosen and sworn it seemes he may execute the office as another man may doe And therefore if a young man of the age of twenty yeers or thereabouts especially if he be such a one as hath the growth wisdome and courage of an elder man as sometimes it falleth out be chosen to this office he shall doe well to take it upon him and execute it An old man also aged sixty or thereabouts especially if his strength of body and minde be not much abated may be compelled to serve in these offices 5. If a man live within one Hundred or Tything and have land only within another Hundred or Tything he may not be chosen to serve in this office in the place where his land is for if he have no House upon his Land it seems neither he nor his Tenant is bound to serve in these offices at all in respect of the Landâ— For men are bound to serve in these offices in respect of their Persons and Resiancy and not in respect of their Land But if he have a house upon his land and a Tenant dwelling in it and he be a sufficient man and able to serve the office he may be chosen and made to serve it but not the Land-lord for perhaps he may be chosen to this or some other office in the place where he dwells and a man can doe service with his body but in one place at one time And yet if the Case be so that a man hath two severall Houses in two severall precincts and within severall Leets and he doe live sometimes at the one house and sometimes at the other house in this case he may perhaps be made an Officer at either of the Leets within either of the places if he be there dwelling at the time when the Leet is kept for a man may doe corporall service at two places at severall times But if two Tythings be within one Leet and one man hath houses in both the Tythings in this case it seemeth doubtfull whether albeit he doe live in the one Tything he may not be compelled to serve in this Office for his House in the other Tything especially if the Tythings be neer and he keep no Tenant in his House fit to undergoe the Office when it shall come to his turn wherein as in all other such like cases a due consideration must be had of all circumstances 3. By that which hath been said it may appear then how unreasonable a thing it is that these Offices should follow the Houses or that two or three in a Tything and no more should alwaies execute the same as in some places hath been used and therefore it hath Removing of a Constable been well and wisely altered by the Order of the Justices in some if not in all places 4. If there be a man unfit for any of the causes aforesaid chosen and appointed to this Office in a Leet either by the Stewards nomination or by the Presentment of the Jury or by one Justice of Peace only out of Sessions such a man may be removed and discharged again by Order of the Justices of Peace at their Sessions and another man more fit may be by them then and there elected and sworn in his room that is so removed But if the man elected and made Constable in a Leet be a fit man the Justices of the Peace may not remove him and appoint another And so it hath been agreed by the Judges And yet if the Justices of the Peace shall remove such a man chosen in a Leet that is a fit man it seems
have broken the same already and are meet to be bound that they shall not thenceforth break it again But it seems this is not Law at this day for it hath been resolved that a Constable ex Officio and without a Warrant from a Justice of Peace may not imprison any man for an assault or affray except he be present at the affray himself In Skarrets Case Hll. 37 Eliz. C B. But in all Cases where an Affray is past this Officer may by Warrant from a Justice of Peace take and imprison the Affrayors and in case where Arrest one is hurt in the Affray and thereby in peril of death he may ex Officio and without any such Warrant arrest and imprison the Affrayors For in this Case when one hath received a dangerous hurt in the affray the officer after the Affray is past may and must arrest and imprison him that did the hurt till he give Surety to appear at the next Gaol-delivery or otherwise he may with less labor than to carry him to Gaole carry him to a Justice of Peace who ought to take such order as the party may give such Surety For the Fact may fall out to be Fellony if he that is hurt happen to dye within a year and a day next after the hurt done And if the Officer doe not so or suffer such a Person to escape he may be deeply fined for it And in this Case also it is said that the officer may after he hath arrested him that gave the wound keep him a while in some other place out of the common Prison untill it may be known whether the party wil live or not If Fellons or Murderers be in the Village Numb 8 and these Officers of the Village have notice of Against persons committing Fellony or suspect of Fellony Fitz. J. P. 201. 1 R. 3. 3. Lamb. Office of Const 17. them it is their duty to gather men together and to apprehend them And if any Fellon be taken it is the Constables office to see him conveyed safely to Gaol And any other man as well as an Officer may arrest and keep in hold such a man as he doth know to have committed any Fellony And as touching persons suspect of Fellony it is said That if any man doth suspect any other man of any Fellony that he hath committed and doe declare the same to any one of these Officers that thereupon he may if the party suspect be within the limits of his Office arrest and bring him with him he shall doe well to bring the other party that did suspect him to the Justice of Peace to be examined But as touching the arresting of another man upon the suspicion of a third Person it seems the Law is otherwise For it is the opinion of the whole Court in the 17 Ed. 4. 5. 11 Ed. 4. 4. Bro. Faux Impr. 24. and in 5 H. 7. 4. That one cannot imprison another man upon the suspicion of a third man for Fellony unless he himself have some cause of suspicion also And that one man albeit he be an Officer cannot justifie the imprisonment of another man susppcted by a third man and at his commandement that doth suspect And of this opinion was Mr. Justice Bridgman and the whole Court of the Marches of Wales And therefore it was held there that if I suspect a man for Fellony and give notice hereof to the Constable that he cannot arrest him upon my suspicion And yet when I have arrested him upon mine own suspicion and delivered him to the Constable that in this case the Constable must look to him at his peril And if the Constable from this doe receive a suspicion of him as he may upon a fame or any flight report I think it reasonable and justifiable in him to arrest him But as touching this matter and for the cleering of this point these things are to be known 1. That any one of these Officers or any other 9 Ed. 4. 26. 17 Ed. 4. 5. 20 Ed. 4. 6. Bro. Faux Impr. 27. private person whatsoever having cause to suspect another of a Felony committed by Murder or Theft may himself arrest and apprehend such person suspect but herein he whosoever he be must take heed to three things 1. That there be a Fellony committed or at least confidently reported to be committed for otherwise there can be no good cause to suspect any man 2. That there be some cause to suspect the party arrested more than another 3. That after the arrest the party that doth arrest him doth carry him to a Justice of Peace or to the common Gaole to the end that the party accused may be Indicted or acquitted at the next Sessions c. Or if it be a private man that doth make the arrest that he doe deliver the party arrested to the Constables c. of the place 2. These or any or either of these are Causes of suspicion of a man for Fellony 29 Ed. 3. 39. 9. 4 H. 7. 4. 7 H. 4. 35. 27 H. 8. 21. 14 H. 8. 16. 2 H. 7. 15. 11 Ed. 3. 44. 21 H. 7. 27. Fiâ—z J. P. 201. Numb 9. held to be sufficient causes of suspicion 1. That the person suspect is Indicted for the same Fellony 2. If the Fellony be a Murder that he was present at the time of the Murder committed with a Sword drawn in his hand 3. That the person suspect is a person of evill name or is a Vagarant in the Country where the Fellony was done 4. If the Fellony be a Robbery and the party suspect is found with some part of the goods in his hands 5. If one apprehended for the same Fellony hath taken his oath upon a Book that the party suspect is one of the Fellons 6. That it is the common fame and report of the Country that the party suspect did the fact 7. If the party suspect doth flie upon the Fellony committed 8. If there be a Hue and Cry out against the Fellon and the person suspect and apprehended is such a person as is described by the Hue and Cry or if the Fellony be for stealing of Cattel and the party suspect is taken driving such Cattel as are set forth by the Hue and Cry to be stoln And yet hereby an honest man may be apprehended for a Hue and Cry may be raised where no Fellony is done But in this case he that raised it may be punished and he that doth arrest the party is to be excused or there may be no other cause to suspect this man but the possession of the goods and he might come by them lawfully howsoever this is cause enough to give him that doth arrest ground of suspicion 9. If J. S. would have arresteh one that had robbed him and the party suspect forbid him and saith he shall not arrest him this is sufficient cause to make him to be suspected for an accessary And therefore in all these and
is cause of suspicion of Fellony when a Fellony is committed but when there is no Fellony done it seems this is not cause sufficient to warrant the arresting of such a person And yet as before it appeareth the accusation of a man where no Fellony in truth is done by Hue and Cry is cause sufficient to warrant the arresting of such a person as is described by the Hue and Cry In an Action of Fals-imprisonment the Defendant did plead That before the imprisonment A. B. was slain at C. and that the Plaintiff was in the 7 H. 4. 10. Dyer 276. company of those who killed him at the time of the Fellony committed and the common voyce and fame of the Countrie at C. was that the Plaintiff was party to the Fellony whereupon the Defendant finding the Plaintiff at C. arrested him for suspicion of Folony and committed him to the Sheriff c. and this was allowed a good and sufficient Plea 9. If a man doe assault another in or neet Imprisoning him that doth attempt to rob Fitz. Bar. 202. 2 Ed. 4. 26. Numb 13. Carrying one to a Justice or to Gaole the high-way to rob him and he that doth make this assault is taken and brought to the Constable of the place In this case the Constable must take him to his ward and carry him before a Justice of Peace to give sureties for his good behaviour In an Action of Trespass of Assault and Battery and Fals-imprisonment the Defendant pleaded That the Plaintiff lay in wait in a high-way to rob such persons as travelled that way and assaied to rob one L. and drew his sword and commanded the same L. to deliver his purse whereupon L. fled and levyed Hue and Cry and this Defendant be ing travelling that way pursued the Plaintiff and took him and committed him to the Constable Arrest to be put in the Stocks who did it accordingly and this was adjudged a good justification for every man may arrest him that doth a Fellony or him who maketh it apparent that he doth intend and goe about to commit a Fellony for that he doth thereby manifest himself to be a principall breaker of Law and Peace of the Nation 10. The Constable is to levy Hue and Cry Hue and Cry when there is cause and to send it East West North and South and it is best to express in the Hue and Cry the nature of the thing stoln colour and marks and to describe the number of Fellons their Horse Apparel c. And this Officer receiving a Hue and Cry after a Fellon must with all speed make diligent pursuit with Horse and Foot after the offendors from Town to Town the way it is sent and make diligent search in his own Town And the Constable and Hundred both may be punished for neglect herein And all other men must hereupon be industrious to take them Hitherto for the most part we have shewed you nothing but what is of the primitive and immediate authority and duty of these Officers and what they may and must doe ex Officio without any commandement or authority from others But for as much as a great part of their duty especially concerning the Peace resteth in making of due execution of the Precepts of higher Officers and especially of the Justices of Peace who be as it were immediately set over them We are therefore in the next place to shew you some part of that which they are to doe in that behalf Albeit these Officers be subject to the commandements In executing of the Precepts of others of the justices of Gaole-delivery of Oyer and Terminer and of some higher Justices yea and to the Precepts of Sheriffs Lamb. Const off Numb 14. Coroners and Stewards of Leets and of other Officers in some certain Cases yet because they are called upon most commonly by the Justices of Peace so as at this day their Office is for the most part conversant about the execution of their Warrants For if the Justice of Peace doth understand by complaint that any man hath stoln or slain or any Servant or Laborour without License hath departed out of his Masters service or any that liveth idly or suspectedly knowing once in what Parish he is he doth write to any one of these Officers to command him to bring this person before him and then he doth examine him and if he finde cause he doth commit him to some Constable or Officer to convey him to the Gaole there to abide till the Justices meet at their quarter-Quarter-Sessions or at their Gaole-delivery that the Law may either condemn or acquit him And to these Precepts these Officers ought especially to shew themselves obedient and then also especially when their Aide is called for to suppress Ryots unlawfull Assemblies and such like notorious breaches of the Peace And 1. howsoever it be so that if a Felloâ— Search Dalt J. P. 289. man have Goods stoln and he doth suspect that such a man hath stoln them and he complain thereof to the Constable so that now Numb 15 the Constable hath cause to suspect him also That the Constable in this case of his own authority without Warrant from a Justice of Peace may search for the Goods and the Fellon and if he finde the Goods seize them and if he finde the Fellon apprehend him yet for the most part the Constable not knowing his authority or the danger is so fearfull and remiss herein that he doth nothing until he have a Warrant of a Justice of Peace to provoke and enable him so to doe And if such a Warrant be sent to him from a Justice of Peace to search Search after Goods stoln and the party that is suspected to steal them the Constable may and must execute this Warrant accordingly 2. If a Warrant come to any of these Officers from a Justice of Peace to bring such a man before him to give Sureties for the Peace or Good-behaviour In this Case the Officer cannot make a Deputy or command another to doe it Deputy Dalt J. P. 290 291. Dalt J. P. 291. Coo. 5. 59. Broo. Faux Impr. 2. Warrant but he may require the aid of others to help himself in the doing of it 3. If a Warrant be directed to this Officer from the Justice of Peace to bring any person before some Justice of the Peace of the County for the Peace or Good-behaviour and the cause as it ought to be is set down in the Warrant In this Case the duty of the Officer is first to finde out the party and having found him to require him in the name of the Keepers of the Libertie of England to goe with him to a Justice of Peace to put in security according to the Warrant The which if he refuse or delay to doe or if he offer to â—un away from him or resist him then must the Officer forthwith arrest him and convey him to the Prison if the Warrant
it be at night or untill he can be conveniently provided for strength and ayd to carry him to prison or to the Justice of Peace But some Lamb. J. P. 2. cap. 3. say that an Officer may keep a Prisoner in the Officers own or in another mans house for a time convenient and justifie it whereof others much doubt And therefore the safe way is to keep him in the Stocks or carry Numb 15 him to Prison Fifteenthly If the prisoner How an Officer may use a Prisoner put in the Stocks be taken for Fellony or suspicion of Fellony in this case the Officer may lock the Stocks and if need be he may also put Irons upon the Prisoner And if the Dalt J. P. 300. Officer be to convey him to the Gaol or to the Justice of Peace he may pinion him or otherwise make him sure that he shall not escape Sixteenthly If a private man that is Numb 16 no Officer take another man for Fellony or 10 Ed. 4. 17. Fitz. Office of J. P. 201. suspicion of Fellony within the Precinct of any of these Officers and bring and deliver the Ptisoner to the Officer of the place in this case the Officer is bound to see the Prisoner safely conveyed to the Gaol for if he suffer him to escape he must answer for him Escape And so also it is if there be no Officer in the place where the Fellon is taken and the party carry him and deliver him to the Officer of the next place for it seems this Officer also in this case is bound to look to him at his perill Seventeenthly As touching the execution Numb 17 of the Warrant of Justices of the Peace these How far these Officers are bound to obey the Warrants of the Justice of the Peace 31 H. 8. 9 6. See the Constables Oath Kytch 47. things are to be known 1. In all cases where any Warrant is sent from any Justice of Peace to any of these Officers touching any matter whatsoever concerning the Office of the Justice of Peace it seems he is bound to execute it And therefore it seems that in all cases where any Statute doth enable a Justice of Peace to apprehend any Person to be brought before him or to commit any person to the Gaol as in the cases of those that keep unlawfull Games in their houses or haunt such houses or in the case of men that shoot in or carry Gunns or the like That in all these cases the Justices of Peace are to command these Officers and they are to obey them 2. These Officers must with all respect receive How they must receive and excute the Warrants of the Justices Dalt J. P. 291. the Warrants of the Justice of Peace for if any Warrant be sent from a Justice of Peace to any one of these Officers and he shall shew any neglect or contempt of it as by casting it into the dyrt c. or doe not with all care secrecy and diligence exeecute the same these are misdemeanors punishable and for either of these misdemeanors the party offending may either be bound to the good behavior or be Indicted and fined And by the Statute of 27 H. 8. cap. 5. there is a speciall charge laid upon the officers within the Counties of Wales That they be carefull to execute the Warrants of the Justices of the Peace there 3. Let him then consider what he hath to doe For howsoever this be true that he is not bound to nor may he dispute the authority of the Justice of Peace and whether his Warrant be lawfull or not For if the Justice mistake and goe beyond his authority in the manner of proceeding in a thing wherein for the matter he hath Conusance As if he send a Warrant to him to arrest any man for the Peace or good behaviour without any cause or to take a man for a Fellony when none is done yet in these and such like cases the Officer is bound to execute it and he shall be excused therein But if the thing whereabout the Warrant is be such a matter as is out of the jurisdiction of the Justice of Peace and wherein he is no judg As if he send his Warrant to the Constable to levy of the goods of J. S. 10. l. Debt which he doth owe to him or owe to another and all this appeareth upon the Warrant it self That in this and such like cases it is agreed That the Officer may refuse to execute it and may not without danger obey it And truly to me it seems necessary we distinguish again between things apparent and things concealed and between lesser and more notorious mistakes and it is reasonable to affirm that if the mistake and error of the Justice of Peace be set down in the Warrant and be grosse and notorious As if he send a Warrant to levy of a man 10. l. because he hath sworn an Oath Or send his Warrant to one of these Officers to command him to sell the one half of the Goods of a man convict before him for swearing 6. Oaths when perhaps these Goods may be worth 100. l. or he send a verball Warrant only to one that is absent and out of his presence or send his Warrant to the Constable of the Parish of Dale as Constable of Dale to levy a forfeiture upon an offender for an offence in Sale out of his Precinct or send his Warrant to a Constable to carry J. S. to Gaol because he will not pay him a Debt he doth owe him That in these and such like cases the Constable is not bound to obey him or execute it nor shall he be excused if he doe it But if the Justice of Peace where he hath power to send a man to Prison after ten dayes give Warrant to send him to prison before the ten dayes be out Or if by an Act of Parliament he is directed to send a Warrant under his hand and seal send it only under his hand or contra And where he is to send it to the Constables and Church-Wardens he send is to the Constables or Church-wardens or on the other side and in such like petit mistakes it seems reasonable to me the Officer should be excused if he doe execute it for it is a very hard thing to require of him an exact knowledge of the many Acts of Parliament so variously and incertainly penned herein as belong to his Office and he is in danger to be punished if he doe not execute the Justice of Peace Warrants So that my advise herein to the Officer is to consider well of the Warrant and if he finde the thing to be done nothing but what is ordinary and hath been used to be done by these Officers he is to doe it but if it be to doe any thing unusuall new strange and extraordinary to be well advised e're he doe it Coo. 10. 76. 6. 54. 14 H. 8. 16. Broo. F. Impr. 8. And
if a Justice of Peace send a generall Warrant to an Officer to carry J. S. to Gaol or to bring him before him and express no cause why it seems to me reasonable in both these cases the Officer in the doing hereof is excusable But if the Justice have not good cause for it he may be sued for it And so perhaps he may be though he have cause for the not expressing of it within his Warrant If this Officer doe arrest any man under Warrant pretence of a Warrant let him be sure he have the Warrant first For if the Officer first arrest and bring the man to the Justice and then get a Warrant to doe it this will not make the arrest lawfull 5. A Warrant of a Justice of Peace by word of mouth is as good in some Cases as a Warrant by writing As if a Ryot or other breach of the Peace be in his presence he may by word of mouth command the Officers or any other to arrest the offendors to finde Sureties of the good Behaviour in the first or Peace in the last Case and if they refuse to put in Sureties he may by word of mouth command to convey them to the Gaole But in other Cases he cannot give warrant to an Officer that is absent and out of his presence and if he send a Warrant by Message only to an Officer to arrest a man and carry him to Gaole the Constable may refuse to doe it 6. If any Warrant come from a Justice of Peace to one of these Officers to doe a thing the Officer himself must doe it and he cannot by word or writing make a Deputy or Deputy command another to doe it but he may call what ayde he will 7. In the execution of these Warrants he is to take great care that he follow the contents of his Warrant and not to exceed it for that may be dangerous And yet this must be understood that when any thing is commanded all that doth necessarily conduce to the doing of that thing and without which it cannot be done is commanded also and therefore all that and so much may be done albeit it be not set down in express words in the Warrant And it is said that if a Warrant be made to J. S. and J. K. to arrest J. D. In this Case either of them alone may make the Arrest 8. A Constable or other Coo. 9. 69. 6. 54. 8 Ed. 4. 15. Dalt J. P. 28. sworn or known Officer albeit he be not known to the party arrested needs not to shew his Warrant to the man when he comes to serve it upon him although he demand it but otherwise it is when he that is no Officer shall arrest a man upon a Justice of Peace warrant for he must shew his warrant and the sworn or known Officer also must upon the arrest of the party declare the contents of the Warrant to him 9. A Constable or the Coo. 9. 69. like Officer giveth sufficient notice what he is when he saith to the Party I arrest you in the Arrest what it is name of the Keepers of the Liberty of England c. for this is an arrest in Law and therefore in this case the party arrested at his perill must obey though he know him not to be an Officer for if he have no lawfull Warrant the party grieved may hereupon have his Action of false imprisonment against him 10. The Officer must take care that he take the very party named in the Warrant and not another for if a Warrant be intended against J. S. who is the Delinquent but it be sent against J. D. another man in this Case the Officer cannot arrest J. S. but must arrest J. D. 11. If the Prosecutor for the Peace or good Behaviour after the Warrant sent agree yet the Officer must execute his Warrant 18. When any one of these Officers hath Numb 18 arrested any man for any cause the Officer must take great heed that he doe keep the Prisoner safe and not suffer him to escape Dalt J. P. 292. Escape especially if the arrest be for matter of Fellony for in this Case if he willingly suffer him to escape this offence is Fellony in the Officer And be the cause of the Arrest whatsoever it will if the Officer doe willingly or unwillingly and negligently suffer him to escape and doe not take him again he shall be fined for it according to his offence by the discretion of those that shall be Judges of the cause 11 H. 4. 25. Stamf. 35. for Officers in these Cases may require what help they will And lest any Officer should flatter himself that he may escape with an easie Fine he is to know that the Judges of his fault may set his Fine equall to the value oâ— all his goods if his offence so require And if an Officer take a man upon a Warrant from a Justice of Peace and then letteth him goe and taketh his word that he shall come again to him such a day to goe to the Justice of Peace Arrest and the party cometh not this is an escape in the Officer for which he may be punished and the Officer as it seems cannot now arrest him upon this Warrant But if the party in this or any such like Case escape of his own wrong without the consent of the Officer the Officer in a fresh pursuit may take him again albeit he be out of his sight and out of his Precinct as is before shewed Nineteenthly Numb 19 The Gaoler must receive the Prisoner offered Duty of the Gaoler 4 Ed. 3. 10. 11 Ed. 4. 7. Bro. Faux Impr. 24. 25. 27. unto him freely without taking any thing of them that bring him But it is said that a Gaoler is not bound to receive any Prisoner from an officer immediately but by a Justice of Peace Warrant But it is not safe for a Gaoler to refuse such a Prisoner for if a Constable may in some cases must is bound by the duty of his place to bring some Offenders to Gaol without any Warrant of a Justice of Peace as he is the Gaoler is bound to receive them so brought And if a man be arrested for Fellony and the Constable carry him to the Gaol and the Gaoler will not receive him it is said the Constable must bring him back to the Town where he was taken and that the Town must be at the charges of keeping him untill the next Gaol-delivery But howsoever the Officer must look to him for fear of an escape and in this case the best way for the Officer is to get a Justice of Peace his Warrant to send the Prisoner to the Gaol and hereupon the Gaoler doubtlesse will receive him Twentiethly In what case an Officer maey set a Prisoner at liberty again Fitz. Office of J. P. 130. These Officers albeit they have power in divers cases before and after shewed
be by men of discretion Numb 2 able bodies and sufficiently armed 3. It Watch Ward Kitch 47. 48. 49. must be by turn or by the house according to the custome of the place 4. The Constable ex officio is to order it and he may enlarge it as there is occasion but he cannot change the course of it at his pleasure and make some Watch and excuse others 5. If any neglect or refuse to doe his duty the Constable may present this default at the Assizes or Sessions or complain of it to a Justice of Peace And some hold the Constable may put him in the Stocks for his contempt 6. This Watch is from Assention to Michaelmas and must be from Sun to Sun And the Warding then in congruity of reason must be the rest of the twenty and four hours day 7. These Watch and Wardmen are to pose all men to arrest and secure till morning Rogues and others suspicious and them to bring to a Justice of Peace to be examined Or if they will they Dalt J. P. 60. Winch. 13 Ed. 1. 4. 5 Ed. 3. 14. Hue and Cry may deliver them to the Constable who must take care of them And if any resist them and goe away they may send Hue and Cry after them and upon this any man may arrest them 8. For default of this Watch and Ward the Township may be punished So that all that the Constable hath to doe in this case is to appoint it in an orderly way who when and how it shall be done and to see it be done and if it be neglected to complain of it and get it punished The Watch-men thus appointed may have from the Constable these or the like instructions viz. To keep the Peace amongst themselves to Watchmans charge continue their Watch diligently untill the Sun rising without noyse disturbance of the Inhabitants That they abide and frequent the common passages but so as they have regard also to all other places That they examine all such persons as they shall see stirring or shall passe by them what they be and whence they come whether they goe and the reason of their late travell or being abroad and if cause of suspicion be found in them to stay them if they obey not but resist to constrain them by force and to beat them if it cannot be avoyed for resisting the Peace of the Nation if they be too strong or fly them to levy Hue and Cry for the apprehending of them and to set them in the Stocks untill the morning and then to have them before some Justice of Peace to be dealt withall according to Justice To resort to such places where they behold any Candle or fire-light to know the cause or where they here any noyse of People especially in Taverns Innes and Ale-houses and finding any there to admonish them to depart and refusing to compell them as aforesaid And if any unknown Person hors-man or foot-man shall pass by them or that shall drive any Cattel Horse or the like or that shall carry any burthen on Hors-back Cart or otherwise to stay them till the morning to justifie themselves unless they can render good account both of themselves their company and carriage And if any Post come by them to know what number they have lest Offenders also pass under that pretence And the Constables are also to be aiding and assisting to these Watchmen upon all occasions 3. In an action of Trespass of an assult and Numb 3 battery the Defendant pleaded that there were Night-walkers divers Felonies committed in those parts where he dwelt and he being watching in his house came into the high-street where the Plantiff was at eleven of the clock in the night and the Defendant came unto him and laid his hands in peaceable manner upon him to see his face and when he perceived he was a true man he left him and departed And this was allowed to be a good justification for by the Statute of Winchester Watchmen may arrest Night-walkers and may appose them from whence they come and what they be Also any other man may arrest Night-walkers because it is for the good of the Common-wealth 4. If any Person whatsoever except the Keepers Numb 4 of the Liberties Servants and Ministers of Against persons that ride armed or make Insurrection 2 Ed. 3. 3. 2 R. 2. 13. Fitz. J. P. 202. Justice in executing Precepts or their Offices or such as shall assist them and except it be in pursuit upon Hue and Cry made to keep the Peace and that in places where Acts against the Peace doe happen shall be so bold as to goe or ride armed by night or by day as to carry any Dags or Pistols or to be apparrelled with privy Coats or Doublets in any Faires Markets or any other place to terrify the people And if any doe so or if any great Assembly Riot or Rumor be made in any outragious manner in nature of an insurrection In the first of these Cases the high-Constable or petty-Constable may and must take their Armer from them and seize it to the Seize Armes Arrest use of the Keepers of the Libertyes and arrest the parties and carry them to a Justice of Peace or as it seems to Gaol there to abide during the pleasure of the Keepers of the Liberties And in the last of these Cases they may and must take with them the power of the Power of the County County and suppress them and arrest the Offendors and carry them to a Justice of Peace or commit them to Prison till they put in Sureties Ayde for their good behaviour 5. And if one man doe threaten to kill another Numb 5 and especially if he lye in wait so to Against him that doth threathen Murder Fitz. Bar 202. 2 Ed. 4. 36. per. Briam 3 H. 4. 9. doe and he who is so threatened doth complain to any one of these Officers being Officers of the place wherein the party threatning is abiding or doth dwell and intreat him to arrest the party to finde Sureties of the Peace In this case the Officer may and must arrest him forthwith to finde Sureties and therefore carry him before a Justice of Peace or being there to get Sureties the Officer may presently carry him to Gaol But some say that this threatning must be in the hearing of the Constable or else that he cannot doe it But if the thing be true it seems in both cases alike And in such Cases the Constable if the party have no Sureties ready may carry him to Gaole of his own Authority 2. As these Officers are to take care to prevent Numb 6 the breach of the Peace before it be To suppress the breach thereof in case of Affrayors Fitz. J. P. 130. Lamb. J. P. 173. Dalt J. P. 28. 29. 22 Ed. 4. 35. 21 H. 7. 21. 13. H. 7 10 So are they to take care to suppress and
Arrest be so as usually it is or put him in some Stocks until he can conveniently have strength to goe with him without carrying him to Stocks a Justice of Peace and then must the party remain in Prison until he shall voluntatily offer and finde Sureties according to the Warrant And if the party upon the first demand thereof made by the Officer doe yeeld to goe and finde Sureties then may not the Officer absolutely arrest him And if he be obstinate and will not yeeld to the Officer but resist him the Officer may justifie the beating Beating or hurting of him And of this Warrants execution and of his proceedings upon it the Officer must give an account to the Justices of the Peace at their next Sessions of the Peace And if the party doth yeeld to goe to a Justice of Peace to give Surety according to the Warrant but will not goe to the same Justice that made the Warrant but to some other Justice he doth name herein the Officer may if he please suffer him to have his will howbeit in this case the Law doth give the election to the Officer and he may bring the party before what Justice of Peace he please And yet if the Warrant be to bring the party before the same Justice of Peace that made it In this case the Officer must bring him before the same Justice and cannot bring him before any other And if the party being before the Justice of Peace refuse to give Surety according to the Warrant and the Warrant have words of authority to the Officer to carry him to the Gaol as most commonly every Warrant hath then Carrying to Gaole may the Officer carry him to prison without any new Warrant from the same or any other Justice of Peace so to doe And in these Cases also the Officer is to consider whether the Warrant doe come directly from the meer authority of the Justice of Peace or else be grounded on a Writ of Supplicavit sent down from the Warrant higher authority which difference ought to appear in all well made Warrants For if the Warrant be grounded on such a Writ then may the Officer compell the party to goe to the very same Justice or Justices of Peace that made the same Warrant or else he may carry Dalt J. P. 137. him to Gaole Neither is it requisite in this case that the Officer should dance up and down after the party untill he can finde out Sureties but he may detain the prisoner untill he can 5 Ed. 4. 6. bring Sureties to the Officer And the Officer that doth arrest a man upon such a Warrant of the Peace or Good-behaviour must see that he doe afterwards bring the party to the Justice of Peace to give Sureties or to the Gaol for if he doe not so he may be punished for it by fine at the Sessions and as it seems also by Action of Fals-imprisonment at the suit of the party arrested And if the party against whom such a Warrant is granted hearing thereof Numb 16 doth as oft times he doth offer himself with Sureties for the cause to some other Justâ—ce of Peace and he doth binde them or he findeth Sureties in some of the Courts at Westminster and so hath a Supersedeas out of Supersedeas the Chancery upper-Bench or from any Justice of the upper-Bench or from any Justice of Peace of that Countie directed to all the Officers of the County to discharge the same Surety of the Peace or Good-behaviour and he hath the same ready to shew to such Officer as shall come to him with the Warrant as Arrest aforesaid and doth shew and deliver the same to him when he is about to execute the same Warrant In this Case the Officer is not to meddle with him For if the Officer shall require the party to obey the arrest he may refuse it and if the Officer shall arrest the patty he may have an Action of False-imprisonment against the Officer for it And by this Supersedeas the Officer is discharged of any duty touching the Warrant of the Justice of Peace directed to him But let the Officer see that he keep his Supersedeas safe for his discharge if he be questioned for not serving the Warrant And it is not amiss for him to give notice of the same to the Justice of Peace from whom he received the commandement of service that thereby he may see the cause why the same was not done But in these Cases some say that another Justice of Peace cannot discharge the Warrant of the first Justice of Peace untill the party be bound indeed Howbeit if such a Supersedeas come to the Officer that hath the Warrant to arrest it seems that by this he is discharged and that he is to obey the Supersedeas especially if he know not whether the party have given Bond or not Hitherto we have spoken of the Office of these Officers set forth by the ancient common Laws of the Nation And now we come to speak of the same as it is enlarged by divers Statutes wherein also we shall finde the same difference we had before That by the same Statutes they are required and enabled to doe something as of their own authority and without any commandement or authority from â—â—hers and other things they are required and enabled to doe when they have commandement from the Justices of Peace or some other superior power so to doe SECT 3. Of the Office of the High-Constable and Petit-Constable against Prophaners of the Lords-Day FOR the better understanding of their Duty herein these things are to be known 1. This day is by every one to be sanctified and kept holy and men must be carefull herein to exercise themselves in the duties of Piety and true Religion publiquely and privately and every one on this day not having a reasonable excuse must diligently resort to some publique place where the service of God is exercised or must be present at some other place in the practise of some Religious duty either Prayer Preaching Reading or Expounding the Scriptures or conferring upon the same 2. None may on this day meet out of their own Parish at any sports whatsoever nor may they meet within their own Parish for Boar-bayting Bull-Bayting Enterludes or other unlawfull exercises under pain to forfeit three shillings four pence for every offence to be levyed by distress and sale of Goods and for lack of distress to sit three hours in the Stocks Nor may any one on this day keep or be present at any Wrestlings Shootings Bowlings Ringing of Bells for pleasure Masque Wake Church-Ale Dancing Games Sport or Pastime whatsoever under pain to forfeit five shillings if he be above fourteen yeers old and twelve pence by him that hath the government of him if he be under fourteen yeers old to be levyed by distress and sale of Goods and if no distress be to be had to
sit in the Stocks three houres 3. No Carrier may goe with his Horses no Waggoner Carter or Wain-man may goe Carryers with his Cart Waggon or Wain or Drover with his Cattel on this day under pain to forfeit twenty shillings for every offence to be levyed by distress and sale of his Goods if he be questioned within six weeks after the offence done But there shall be but one twenty shillings forfeited for one journey although he pass through twenty Parishes and this twenty shillings that Parish shall have where the distress is first taken 4. No Butcher may kill Butchers or sell any victuals on this day under pain to forfeit six shillings eight pence if it be questioned within six weeks after the offence done to be levyed by distress and sale of Goods 5. None may Cry shew forth or put to sale Tradesmen any Wares Merchandises Fruits Herbs Goods or Cattel on this day unless it be in an Inne or Victualing-house and for such as cannot otherwise be provided for and unless it be the crying and selling of Milk before nine in the morning and after four in the afternoon from the tenth of September to the tenth of March and for the rest of the year before eight in the morning and after five in the afternoon under pain to forfeit the things so cryed or offered to sale 6. None may on this day without good cause by allowance of one Travellors Justice of Peace travel under pain to forfeit ten-shillings nor carry any burthen nor doe any worldly labour under pain to forfeit five shillings both these forfeitures to be levyed by distress and sale of Goods and if no distress to be had to sit in the Stocks three houres 7. None may on this day or the dayes of Humiliation Drinking Tipling or Thanks-giving use Dancing prophanely Singing Drinking or Tipling in any Tavern Inne Ale-house or Tobacco-house nor be there Or grinde any Corn at a Mill but upon cause to be allowed by one Justice of Peace under pain to forfeit ten shillings a peece both he that is in the Inne and he that keeps the Inne the Millar and he that owes the Corn to be levyed by distress or sale of Goods and for lack of distress to be set six hours in the Cage or Stocks 8. No Traveller Carryer Waggoner Butcher Higler Drover or their Servants shall come into their Inne or Lodging on Saturday night after twelve a clock Nor goe from thence Monday morning before one a clock without necessary cause to be allowed by one Justice of the Peace under pain of the forfeiture of ten shillings by the Inne-keeper and ten shillings by the Traveller and to be levyed by distress and sale of Goods and for lack of distress to sit six hours in the Stocks or Cage 9. None may execute Serving of Process any Writ Order or Warrant on this day dayes of Humiliation or Thanks-giving but in case of Treason Fellony breach of the Peace and profanation of the day under pain to forfeit five pounds to be levyed by distress and sale of Goods and for want of distress to sit six hours in the Cage or Stocks and the serving of the Process is void 10. None but Coaches Boats in case allowed by one Justice or for Gods Service may travel with a Boat Wherry Lyter Barge Horse Coach or Sedan on this day under pain of forfeiture of ten shillings by him that is carryed and five shillings by him that doth carry to be levyed by distress and sale of Goods and for lack of distress to sit six hours in the Stocks or Cage 11. All Constables Church-Wardens Overseers of the Poor Governors of Companies of Watermen Officers and other Officers must upon sight and knowledge or information of any of these offences before named committed seize and secure Seize Goods the Goods and Wares cryed shewed forth or put to sale and make diligent search for the discovering finding out and punishing Search of the offendors under pain of twenty shillings to be levyed by distress and sale of Goods and this punishment they must as it seems endeavor by carrying the offendor to a Justice of Peace And this it seems is hereby lawfull to be done by one of these Officers ex officio and without a Warrant hearing or seeing any one prophane this day by any of the particular offences aforesaid Also if a Warrant be sent to the Constables Church-Wardens and Overseers of the Poor of the Parish or place to levy the forfeitures or to inflict the punishment aforesaid they must pursue their Warrant and doe it under pain of twenty shillings forfeiture Stat. 1 Car. 1. 3 Car. 1. Ordin 6. April 1644. Act 19. April 1650. SECT 4. Of the Office of High-Constables and Petit-Constables against Swearers AS touching this these things are to be premised 1. The former Act is repealed 2. Every one that sweareth is to forfeit for the first offence as followeth The Lord and all above him in degree thirty shillings The Barronet or Knight twenty shillings The Esquire ten shillings The Gentleman six shillings eight pence Any other Man or Woman single or married three shillings four pence And for every offence afterward twice as much And for the tenth offence being proved by verdict or confession he is to be bound with Sureties to the Good-behaviour for three years And for lack of payment or giving security to pay it and distress to levy it If he be above twelve years old he is to sit by the heels in the Stocks three hours for the first offence and six hours for every offence after If under twelve years he is to be whipped by the Constable or Master or Father in his presence 3. Swearing after the Surety for the Good-behaviour given is a breach of the Bond. 4. Any Officer Constable Church-Warden or Overseer of the Poor may ex officio that heareth it bring the offendor to a Justice to be punished And if any one Justice of Peace send his Warrant to any high-Constable or petit-Constable to doe execution upon this Statute they are to see it done accordingly 5. He that is sued for doing any thing on this Law may plead the general issue and if it goe Pleading Costs with him shall recover treble cost Act. 22. Junii 1650. SECT 5. Of the Office of the High-Constable and Petit-Constable against Adulterers and Incontinent Persons FOR the knowledge hereof take these things 1. If any shall marry or have the carnal knowledge of the body of his or her Grand-father or Grand-mother Father or Mother Brother or Sister Sonne or Daughter or Grandchild Father or Mothers Brother or Sister Fathers Wife Mothers Husband Sonnes Wife Daughters Husband Wifes Mother or Daughter Husbands Father or Sonne and confess it within twelve moneths after or if it be found by verdict before Justices of Assize and the Peace it is Fellony wherein is no Clergy 2. If any marryed Woman
First The pety-Constables c are to joyn Monyes forfeit for high wayes and making Supravisors for the high-wayes 2. 3. Ph. M. 8. with the Church-wardens to take the Estreats of the forfeitures of offendors against the Statures for the High wayes And they are to call the high-Constables to account for the Monies they have received of such offendors and to take the same monyes into their hands and to bestow the same upon the reparation of the Numb 7 high-wayes of the place Secondly â—he Constables and Church-wardens of every Parish ought yeerly upon the Tuesday or Wednesday in Easter week to call together a number of the Parishoners and to choose two honest men of their Parish to be Surveyors of the work for amendment of the high-wayes within their Parish leading to any Market Town and then ought also to appoint six dayes for the amendment of those wayes before Midsomer then next following and ought also openly in the Church the next Sunday after Easter to give knowledge of the same six dayes upon pain of fine making to be assessed by the Steward of the Leet or in default thereof by two Justices of the Peace in open Sessions as in their discretion shall be thought meet Any one of these Officers in times and About persons that have the Plague 1 Jac. 31. places of infection with the Plague if the infection be out of any City Borough Town Corporate priviledged place or Market Town may command or appoint Numb 8 Persons infected or being or dwelling in any house infected to keep their house for avoyding of further infection And if notwithstanding such Persons doe wilfully and contemptuously disobey such direction and appointment offering and attempting to break or goe abroad and to resist or going abroad and resisting such keepers or Watch-men as are appointed to see them kept in It is lawfull for such Watch men with violence to enforce them to keep their houses And if any hurt come by such enforcement to such disobedient Persons the said keepers Watch-men and other their assistants shall not be impeached thererfore And every infected Person so commanded by any of these Officers to keep their house which contrary to such commandement wilfully and contemptuously goeth abroad and converseth in company having any infectious sore upon him uncured becometh Fellon But if such person have not such sore found about him then for his said offence he is to be punished as a Vagabond and ought to be by Stat. 36 Eliz. 4. and further to be bound to his good behaviour for a year 2. The Constable c. that shall wilfully make default in levying such money as they shall be commanded to levy by the Warrant of two Justices of the Peace upon the Statute for the relief of any Town infected with the Plague shall forfeit for every such offence ten shillings 8. If a Justice of Peace send his Warrant Hedg-breakers 43 Eliz. 7. to any one of these Officers for the whipping of any person convicted before the Numb 9 Justice for robbing of Orchards cutting or pulling up of Wood Corn or any such like trespass the Officer must by himself or some other see that the same be done accordingly for otherwise for his neglect therein he is to be committed to Gaole by the same Justice of Peace and there to be kept untill he doe procure the same Person to be whipt according to the same Justice of Peace Warrant 9. The Constables also of every Borough Maulters or Town may search and survey all such Numb 10 Mault as shall be made or put to sale there and if they finde any Barley-Mault made at any time the moneths of June July and August only excepted but that the same shall have the space of three weeks at the least in the Fat Floor steeping and sufficient drying thereof And in these three moneths the space of seventeen dayes at the least or if he finde any person to put to sale any good Mault mingled with Mault not sufficiently made or with Mault made with Mow-burnt or spired Barley or that put to sale any Mault not sufficiently well trodden rubbed and fanned whereby half a peck of dust or more may be fanned out of one quarter thereof then may such Constable with the advise of one Justice of Peace of that Shire cause the same Mault to be sold to such persons and at such reasonable prices under the common price of the Market as to his discretion shall seem fit But some say this doth not belong to ordinary Constables but to the head Constables of Corporations It seems to me otherwise SECT 11. Of the Office of High-Constable and Petit-Constable about Recusants Dressing meat in Lent Purveyors Souldiers departing from their Commanders abjured Persons imployment of Money given to Charitable uses Takers of Pheasants c. Fish High wayes in Kent stoned Horses Colledge of Physitians 1. THe Constable and Minister of the Recusants Parish must take and enter into a Book and certifie to the next Quarter-Sessions the names of all Recusants sent thither by order 35 Eliz. 8. 2. These Officers if required by lawfull Warrant must apprehend Popish Recusants excommunicate 3 Jac. 4. No Butchers may kill or sell meat in Lent Lent under pain to forfeit it And these Officers may seize it and give it to the Poor 1 Jac. 29. If any Cator or other shall without lawfull Purveyors bargain take upon him to purvey or take up any thing whatsoever of another against his will to the use of any great Lord or other person and the party grieved give notice thereof to the Constable or such Officer of the place In this case and hereupon the Officer viz. the Constable or Tything-man of the place must under pain of twenty pounds arrest such Taker and carry him to the next Gaole where he is to remain without Baile or Mainprise until he redeliver the things so taken or the value thereof Any one of these Officers may arrest Souldiers Souldiers arriving here that they suspect to have been in the service of the State are departed from their Captains without leave 18 Eliz. 19. Persons abjured to goe to any Port it seems Persons abjured must be conveyed by these Officers These Officers are to joyn with the Minister Money given to charitable uses Church-Wardens and Overseers of the Poor where monie is given for the placing of poor children apprentices in the imployment thereof These Officers may search suspect places for Takers of Pheasants c. setting Dogs and Nets to take Partridges and Pheasants And the Church-Wardens may sue for and recover the forfeiture 23 Eliz. 10. 7 Jac. 11. These Officers and the Church-Wardens Takers of Fish being commanded by a Justices Warrant must levy the forfeitures upon such as take Fish with unlawfull Nets 3 Jac. 12. The penalties of the Statutes for repair of High-wayes in Kent High-wayes in the wealds of Kent Surrey
Church-wardens are to meet monethly in the Church on Sunday after Evening Prayer except they be let by Sickness or other cause to be allowed a good excuse by two Justices of the Peace to consider of all these things They are alwayes within four dayes after the end of their year and after other Overseers named and allowed by the Justices to give up to any two such Justices of the Peace as aforesaid a true and perfect accompt 1. Of all sums of money by them received or rated and not received 2. Of all such stock of Ware or Stuff as they or any of their poor have in their hands 3. What Apprentices they have put out 4. What poor they have set on work or relieved 5. Whether they have suffered any of their poor to wander and beg out of their Town or in the High-wayes or in their Town without their direction 6. Whether they have not monethly met to consider of these things 7. Whether they have Assessed the Inhabitants and Occupiers of Lands c. in their parish viz. all such as are of ability and with indifferency 8. Whether they have indeavored to levy and gather such Assessments 9. Whether they have been any way negligent in their Offices in executing the Justices Warrants about any thing touching their Office And if any Church-warden or Overseer shall refuse to give up his accompt as aforesaid and to pay over the Arrearages due if any be upon the same accompt unto his Successor he may be committed to the Gaole by two Justices of the Peace untill he doe accompt and pay over the same monie And if any of these Officers shall offend in any other of the particulars aforesaid he shall forfeit for every default twentie shillings All these forfeitures are to goe to the use of the poor of the parish and may be levyed as followeth viz. The monie forfeited by the Father Grand-father c. of any poor person taxed by the Justices towards the maintenance of such poor person that will not pay that Rate may be levyed of the offenders Goods upon a Warrant from two or more Justices of Peace as aforesaid by sale of the same Goods rendering to the party the over-plus of the monie And if there be no distress to be had the Justices of Peace may commit the offender to prison there to remain without Bayl until the forfeiture be paid The monie forfeited by the Church-wardens or Overseers for not receiving or taking care to convey a Rogue c. may be levyed upon the offenders Goods upon a Warrant from two or more Justices of the Peace The monie forfeited by the Church-wardens and Over-seers for offending in any of the particulars aforesaid may be levyed by the subsequent Church-wardens and Overseers upon the offenders Goods Also in the same manner by a Warrant from any two Justices of the Peace And if there be no such distress to be found the same Justices may commit the same offenders to Gaâ—le until they doe pay it And if any man shall in any wise disturb the Execution of the Statute of 30 Eliz. 4. he shall forfeit five pounds and be bound to the Good-Behaviour by any two Justices of the Peace We have done with the Office of these Officers so far as it concerns the poor now we come to that wherein their Office lieth about other matters the which is given them also by ceâ—tain Acts of Parliament and lyeth in these particulars following For the better understanding of the Law Numb 9 herein these things aâ—e to be known Against such a prophane the Lords Day 1. This day is by every one to be sanctified and kept holy and men must be carefull herein to exercise themselves in the duties of Piety and true Religion publiquely and privately and every one on this day not having a reasonable excuse must diligently resort to some publique place where the Service of God is exercised or must be present at some other place in the practise of some Religious duty either Prayer Preaching Reading or expounding the Scriptures or conferring upon the same 2. None may on this day meet out of their own Parish at any Sports whatsoever nor may they meet within their own Parish for Bear-baiting Bull-baiting Enterludes or other unlawfull exercises under pain to forfeit three shillings four pence for every offence to be levyed by distress and sale of Goods and for lack of distress to sit three hours in the Stocks Nor may any one on this day keep or be present at any Wrastlings Shootings Bowlings ringing of Bells for pleasure Masque Wake Church-ales Drinking-games Sport or Pastime whatsoever under pain to forfeit five shillings if he be above fourteen years old and twelve pence by him that hath the Government of him if he be under fourteen year old to be levyed by distress and sale of Goods or if no distress be to be had to sit in the Stocks three hours 3. No Carrier may goe with his Horses Wagoner â—â—rriers Carter or Wain-man may goe with his Cart Wagon or Wain or Drover with his Cattel on this day under pain to forfeit twenty shillings for every offence to be levyed by distress and sale of Goods if he be questioned within six weeks after the offence done But there shall be but one twenty shillings forfeited for one journey although he pass through twenty Parishes and this twenty shillings that Parish shall have where the distress is first taken 4. No Butcher may Butcher kill or sell any victuals on this day under pain to forfeit six shillings eight pence if it be questioned within six weeks after the offence done to be levied by distress and sale of goods 5. None may Cry shew forth or Tradesmen put to sale any Wares Merchandises Fruit Herbs Goods or Cattell on this day unless it be an Inn or Victualling-house and for such as cannot otherwise be provided for and unless it be the crying and selling of Milk before nine in the Morning and after four in the Afternoon from the tenth of September to the tenth of March and for the rest of the year before eight in the Morning and after five in the Afternoon under pain to forfeit the thing so cryed or offered to sale 6. None may on this day Traveller without good cause by allowance of one Justice of Peace travell under pain to forfeit ten shillings nor carry any burthen or doe any worldly labor under pain to forfeit five shillings Both these forfeitures to be levied by distress and sale of goods and if nondistress be to be had to sit in the Stocks three hours 7. None may on this day or the Drinking Tippling dayes of Humiliation or Thanksgiving use Dancing profanely Drinking or Tippling in any Tavern Inn Ale-house or Tobacco-house nor be there or grinde any Corn at a Mill but upon cause to be allowed by one Justice of Peace under pain to forfeit ten shillings a peece he that
is in the Inn and he that keeps the Inn the Milard and he that owes the Corn to be levied by distress and sale of Goods and for lack of distress to be set six houres in the Cage or Stocks 8. No Traveller Waggoner Butcher Higler Drover or their Servants shall come into their Inn or lodge on Saturday night after twelve a clock nor goe from thence Monday morning before one of the clock without necessary cause to be allowed by one Justice of the Peace under pain of forfeiture of ten shillings by the Traveller and to be levied by distress and sale of Goods and for lack of distress to be set six hours in the Stocks or Cage 9. None Serving of Process may execute any Writ Order or Warrant on this day dayes of Humiliation or Thanksgiving but in case of Treason Fellony breach of the Peace any profaning of the day under pain to forfeit five pounds to be levyed by distress and sale of Goods and for want of distress to sit six hours in the Cage or Stockâ— and the serving of the Proces is void 10. None but in case allowed by one Justice or for Gods service may travel Coaches Boats with any Boat Wherry Lyter Barge Horse Coach or Sedan on this day under pain of forfeiture of ten shillings by him that is carried and five shillings by him that doth carry to be levied by distress and sale of Goods and for lack of distress to sit six hours in the Cage or Stocks Any one of these Officers upon their own sight or knowledge of any Offence done by selling crying or offering of Wares to sel on the Lords day as before may seize and secure the Wares and Goods till Justice may be done against the Offender therein Also any of these Officers may search for the discovery finding out apprehending and punishing of all the Offenders against any of the Lawes aforesaid And all that this Officer is to doe as it seems by this Law is only to search and if he finde any thing to inform the Justice of Peace thereof for it seems to me he cannot doe more without a Warrant from a Justice of Peace Act. 9. April one thousand six hundred and fifty Every one that sweareth is to forfeit for Numb 10 the first Offence as followeth The Lord Against Sweaters and all above him in degree thirty shillings The Baronet or Kinght twenty shillings The Esquire ten shillings The Gentleman six shillings eight pence Any other man or woman single or married three shillings four pence and for every offence afterwards twice as much And for the tenth offence being proved by verdict or confession he is to be bound with Sureties to the Good-Behavior for three years and for lack of payment or giving security to pay it and distress to levy it if he be above twelve yeers old he is to sit by the Heels in the Stocks three hours for the first offence and six hours for every offence after if under Twelve years he is to be whipped by the Constable or Master or Father in his presence three swearings after the Surety for the Good-behavior given is a breach of the Bond. Any one of these Offcers may without Warrant apprehended or cause to be apprehended and carry or cause to be carried to a Justice of Peace to the end he may be there punished any one that doth swear or curse against the Law Act. 28. June one thousand six hundred and fifty Any one of these Officers may also take About superstitious Monuments down superstitious Monuments and Pictures upon the Ordinance of May one thousand six hundred fourty and four If a Rogue be tendred and brought to any About Rogues one of the said Officers to be conveyed to any place he is to receive him and look to him as well as the Constable or he may forfeit the five pound penalty appointed by the Statute of 29 Eliz. CHAP. XIII Of the Supravisors of the High-wayes and their Office THe Supravisors or Surveyors Numb 1 of the High-wayes are What they are and how they are chosen Officers yearly chosen by the Constables Church-wardens of the Parish to look to the amendment of the High-wayes within the Parish For the Constables and Church-wardens of every Parish must yeerly upon the Tuesday or Wednesday in the Easter week call together some of the Parishioners and then choose two honest persons of the Parish to be Orderers and Overseers of the works for the amendment of the High-wayes of the Parish leading to Market Towns But now by the new Ordinance the choise is to be made the first Tuesday after the twenty fifth of March yearly And the safe way is to choose them the first and to choose them or approve them the second day again The which persons so chosen shall have power to order the persons and carriages appointed for the work acâ—â—â—ding to their discretion And if either of the said persons so chosen and appointed shall refuse to take on him and execute the said Office he shall forfeit twenty shillings for this refusall Stat. 2 3 Phil. Ma. c. 8. 18. Eliz. 9. 5 13. 29. 5. For the discovery of the duty of these Officers Numb 2 and the Law in this point these things Their Office and Duty are to be known 1. That they have to doe with no wayes but the publick High-wayes And so hath it been resolved by the Judges in the Upper Bench For the Statute is High-wayes leading to Market Towns 2. The Constables and the Church wardens of the Parish are at the time of choosing of these Officers to name and appoint six dayes to be before the Nativity of Saint John the Baptist then next following set apart for the amending of the High-wayes and they are to give notice thereof the next Sunday after in publick in the Church And this being done these Officers viz. The Surveyors of the High-wayes are to see that the same be observed and that all the Parishioners doe their work on the same dayes in manner as followeth 3. Every person having a Plough Land in Tillage or in Pasture in the same Parish or keeping there a Plough or a Daught shall finde and send on every day to the place appointed one Wain or Cart provided after the fashion of the Country with Oxen c. fit for the carriage and with necessary Tools fit for the work and with two able men and then and there these men must doe such work with their Plough c. as they shall be appointed to doe by the Surveyors aforesaid by the space of eight hours on every of the said dayes under pain to forfeit for every default ten shillings And every other Housholder Cottager and Laborer of the Parish able to labor and being no hired Servant by the year must by himself or some other able man be then and there ready to work and work every one of the said six dayes by
chosen Stock for the relief of Poor maimed Soldiers and Marriners are certain Officers yeerly appointed by the Justices of Peace to have the charge of the Receipt and disbursment of the money taxed and levied upon the whole County yeerly for the relief of poor maimed Soldiers and Marriners For the Justices of the Peace are yeerly at their Quarter Sessions about Easter to choose or appoint one or two persons according to their discretion of the County for the taking and distributing of the moneys of the County collected for the relief of the poor maimed Soldiers and Marriners And the men so appointed by the words of the Statute must be such Men as at the last Taxation before for the Subsidy were valued at Ten pounds in Lands yeerly or Fifteen pound in Goods but if they be sufficient men this it seems is not stood upon And these are to continue in their Office one yeer and no longer and then others are to be chosen in their room 43 Eliz. 3. The Office and Duty of these Officers Their Office and Duty doth consist in these things 1. They are to receive of the High Constables of the Hundreds quarterly the sums of money rated and taxed by the Justices of the Peace upon every Parish for the relief of sick hurt and maimed Soldiers and Marriners and if in case there be any defaults by the petty Constables or High Constables in the levying of the sums or in the payment of them over so as thereby they make any forfeiture These Officers and as it seems without any Warrant from the Justices of Peace may levy the same forfeitures by sale of the offenders Goods rendring to him the overplus for the Parishioners and in their default the Petit-Constables and Church-wardens are to set the Justices Rate And this Rate if men pay not the Church-wardens and Petit Constables may levy it by distress and sale of their Goods And if neither the Parishioners nor Constables and Church-wardens doe set the Rate then any Justice of Peace in or near the place may do it 2. Every Soldier or Marriner impotent sick and disabled by the publique service having a Certificate to any of these Officers under the Hand and Seal of the General of the Camp or Governor of the Town where he served or of the Captain of the Bond under whom he served or his Lieutenant or in the absence of the said Generall or Governor from his Marshall or Deputy or from any Admirall or in his absence from any other Generall of the Ships at the Seas wherein the said Soldiers or Marriners did serve setting down the particulars of their Hurts and Services The Certificate being also allowed by the Generall Muster Master for the time being in the Realm or Receiver Generall of the Muster Rolls the Treasurer and Controller of the Navy This Soldier or Marriner may repair to any one of these Officers of that County out of which he was prest or if he were not prest to this Officer of that County where he was born or last inhabited by the space of three yeers at his Election And if he be not able to goe thither he may repair to any one of these Officers of the County where he doth land And if any such Soldier or Marriner shall thus make to any of these Officers it is the duty of this Officer to give such a portion of relief to him at his present necessity as he shall think fit having respect to his need and the commendation of his service and this to sustain him untill the next Quarter Sessions and then the Justices of Peace by a kind of Instrument may grant him a pention to be paid by this Officer so long as the Statute doth continue if the party so long live and it be not duly revoked And this must be alwaies paid by succeeding Treasurers quarterly But the same present sum so given or yeerly Pention so granted must not exceed Ten pound in gross or Per annum to a common Soldier nor the sum of fifteen pound to any that hath born Office under the degree of Lieutenant nor the sum of Twenty pound to any that hath been a Lieutenant And these Pentions the Justices at their Quarter Sessions may upon causes alter at their pleasures And these Marriners and Soldiers when they Land in the way of their travell before they can get the confirmation of their Certificate must have competent allowance from the Treasurer of every County as they pass from the place of their Landing 3. They are to keep a book and therein to Register all the Certificates they doe receive and allow and all their receipts and disbursments And if any of them doe refuse any Certificate he must set down the reasons of his refusall under it or on the backside of it 4. They are at the end of their yeer to give up a just account to the succeeding Treasurers of all their receipts and disbursments within the time of their Office and then also if they have any money in their hands they are to deliver up the same to the succeeding Treasurers And this they must doe within ten daies after Easter Sessions And if any such Officer so chosen shall refuse to execute his Office he may be fined for it by the Justices of the Peace And if any such Officer shall wilfully refuse to give relief to a Soldier or Marriner as aforesaid the Justices of the Peace may fine him for the same according to their discretion And if any such Officer his Executors or Administrators shall not give up his accompt within the time aforesaid or shall be otherwise negligent in the execution of his Office The Justices of the Peace at the Sessions may assess such fine upon him his Executors or Administrators as they think fit so it be not under five pounds And all the fines and forfeitures happening for the breach of this Statute must be imploy'd by these officers to the uses aforesaid And if any of the County Stock shall be left in their hands it must be disposed to the use of the poor in such sort as the Justices of Peace shall appoint Stat. 43. Eliz. Ch. 3. 5. These Officers now by the Ordinance of May one thousand six hundred forty seven are also to receive the money Rated upon the County by the Justices of the Peace at their Sessions for the relief of the maimed Soldiers and Marriners And the Widows and Orphans of such as have died in the service of the Parliament during the late Wars And this they are to pay out thus 1. To any such maimed Soldiers and Marriners as by Warrant under the Hand of two Justices of Peace they shall be appointed untill the next Quarter Sessions 2. And then as by the Pention there it shall be setled 3. To the Widows and Orphans so much as two Justices of Peace shall set down 4. In cases where the High Constables of hundreds or Petit Constables of Parishes
duty of these Collectors to see them indicted before the Justices that so they may be fined for without indictment they cannot be fined Stat. 14 Eliz. 5. CHAP. V. Of the Governor of the House of Correction for the County and his Office THe Governor or Master of the What he is and how he is chosen House of Correction is an Officer appointed by the Justices of Peace to have Oversight and Government of the House of Correction and of persons committed to the same For such Houses are to be and are provided and maintained with Mills Turns Cards and such like necessary implements in every County for the Keeping Correcting and Setting to work of Rogues Vagabonds Sturdy Beggers and other idle and disorderly persons And the Justices of the Peace or the greater part of them at the Quarter-Sessions are to choose and appoint one or more sufficient and honest persons to be Governors or Masters of the said House and to take sufficient security from the said Governors for the continuance and performance of the said Service and to set down what allowance they shall have yeerly for their pains which they may charge upon the County and for the relief of such as shall happen to be weak and sick in their Custody and for the Stock to set on work such persons as shall be committed thither and to set down other Orders touching the same according to their discretion And this Money so allowed they shall have according to the appointment of the Justices of Peace as aforesaid to be paid quarterly before-hand by the Treasurer of the County for the relief of the prisoners in the Kings-Bench and Marshalsey And if the Treasurer refuse or neglect to pay it thus the Master of the House of Correction may levy the same or so much thereof as shall be unpaid upon the Treasurers accompt by distresse and sale of his Goods rendring unto him the overplus of the Money 39 Eliz. 4. 7 Jac. 4. The Office and Duty of this Officer is in these things First To look well to the same House and His Office and Duty the backside thereof and all the Implements and Goods he doth finde there he is also to look to all the persons he doth finde there or that shall be afterwards committed to him Secondly To receive such Rogues Vagabonds Idle or Disorderly Persons as by any of the Justices of Peace shall be sent thither Thirdly To keep safely all such as are committed to him and not to suffer them to wander about the Countrey or to escape away without Order of the Justices Fourthly To see and take care that amongst the persons committed to his charge if there be any sick or otherwise impotent c. that have need of relief That he doe relieve them according to their necessity Fifthly To see and take care as for the rest that are able to work that he doe from time to time as they shall remain there set them to work and labor for during that time they must in no sort be chargeable to the Countrey for any allowance either at their coming in or going forth or abode there for they are to have such and so much allowance only as they shall deserve by their own labor and work Sixthly To punish them as he seeth cause with putting on Fetters or Gives upon them and by a moderate whipping of them Seventhly and lastly At every quarter-Quarter-Sessions to give an account of all such persons as have been committed to his custody And if they shall offend in any of these particulars or any other incident to the duty of their Office the Justices of the Peace may impose such Fines and Penalties upon them for the same as they shall think fit And these fines must be paid unto and accounted for by the Treasurer of the County for the Kings-Bench and Marshalsey CHAP. VI. Of the Keeper of the Gaole of the County and his Office THe Gaoler or Keeper of Gaoler what a Prison is one that hath the Custody of the place and Prison wherein Prisoners are kept and of these there are as many as there be Gaoles and Prisons As to the Power and Office of these Officers His Power and Office these things are to be known 1. They are to receive such Prisoners as are duly sent or offered to them and all that are sent by a Justice of peace Warrant they must receive If any Officer arrest a man upon suspition of Felony and carry him to the Gaoler he must receive him without a Justice Warrant and if any man that is no Officer take a Fellon doing the Fellony and bring him to the Gaoler it seemes also that in this case he is to receive him also 2. His duty and charge is to look well to the Prisoners that are in his custody for if he suffer any of them to escape he will be punished for it If they be Prisoners for debt and he let them escape voluntarily or negligently he must pay to the Creditor his debt If they be in for Fllony and the Keeper suffer them willfully to escape he is a Fellon if negligently he is finable and so he is for the escapes of lesser Offenders 3. It hath been held by some Judges therefore that a Gaoler may justifie the putting of Bolts upon the Legs of any Prisoners committed to him 4. Keepers they are to see that their Prisoners have necessary provision 5. For this the Law doth give an action of debt to the Gaoler against his Prisoner nor can the Prisoner in this action be suffered to wage his law 6. They are to take care that such Prisoners as are in their custody in execution for debt be kept in strait custody and have not too much liberty for by this means they will be forced the sooner to pay their debts 7. They may not compell or procure their Prisoners to become approveres that is accusers of others for this is Fellony 8. If a Prisoner of debt get away from a Gaoler against his will he may follow him and take him again and bring him to and put him in the Gaole again And so he may any Prisoner that is in for any Crime or offence But if a Keeper doe voluntarily deliver a Prisoner of debt there he cannot retake him put him in Prison again for he is discharged of his imprisonment and the Gaoler must satisfie the debt Coo. 9. 87. Dier 249. Stat. 1 Ed. 3. Stat 1 7 5 Ed. 3. 14 Ed 3. Stat. 1 10. Br. Faux Impr. 24. 27. CHAP. VII Of Constables Tithing-men and the like Officers and their Office SECT 1. What they are and how many sorts of them there are TO omit to shew the Etymologie Statute of Wixchester 1. Lāb of the Duty of Constables Finches Law 306. Sir Tho. Smith de Repub l. 2. cap. 25. 12 H. 7. 18. and diverse acceptance of the word Constable the Antiquity and Originall of the Office of the Constable we are
to imprison a man yet have they not power in any case to deliver a man imprisoned again And therefore if a Constable in case of an Affray commit an Affrayor to the Prison the Constable may not afterward set him at liberty again Or if he take a man upon a suspicion of Fellony and he doth afterwards perceive some cause to make him believe the party apprehended is Innocent in the matter yet may not the Constable deliver him but he must continue in Prison untill he may be delivered by order of Law either at the Sessions or otherwise as the cause shall be And yet if an Officer shall only put the Affrayors apart into the Stocks or into some House or Room as it seems he may untill the hear be past in this case the Officer of his own head may set them at liberty again 21. Every person that shall be Allowance Charge of a Prisoner sent to Gaol by a Justice of Peace having means and ability of his own must bear his own charges to be levyed of his Goods and Chattels by the Constable upon a Warrant to him sent by a Justice of Peace and not having goods then to be born by the Parish where the Fellon is apprehended by an indifferent Assessment to be made by the Constables and Church-wardens and two or more of the Inhabitants by allowance of a Justice Numb 20 of Peace 22. If any of these Officers What Pleas these Officers shall have being said 21 Jac. 12. 7 Jac. 5. shall be sued for any thing done by them in the execution of their Offices or if any suit be brought against their Deputies or any others which in their aide or assistance or by their commandement shall doe any thing touching their Offices this Action must be laid in the County where the thing was done otherwise the Defendant shall be found not guilty howsoever the case be And in all Actions brought against them for the causes aforesaid they need not plead the speciall matter but may plead the generall issue and give the speciall matter in evidence And if the Verdict upon triall pass with the Officer or the Plantiff be Nonsuit or suffer his Action to be discontinued the Defendant shall recover his double costs susteined in Costs the said Suit 23. These Officers all the rest hereafter named must take care that they take nothing of any man for any work they do in the Extortion execution of their office more than is allowed them and is their due for this offence in them is extortion and punishable by Fine and Imprisonment 24. These Officers as well as other Account are to give an account to the Parishoners of the monies they doe any way receive And this if they refuse to doe they may no doubt be compelled unto by the Justices of the Peace at their Quarter-Sessions 25. And as touching Numb 21 the disbursments of these Officers about the execution Expences and disbursments of Officers of their Office as for the carriage of Prisoners to Gaol the conveying of Rogues and the like whereby any speciall Act of Parliament they are to be allowed it or any thing towards it and the means of recovering it is set down there they shall have the same allowance and they must pursue that means for the recovery of it And so in all cases where the offender is sent to Goal by a Justice there is a means appointed by the Statute of 3 Jac. 10. by the sale of the offendors Goods or a Rate by the Parish as before But in other cases also it seems very reasonable that they should be allowed it again from the Parish and if the Parish will not allow it perhaps the Justices of Peace upon the complaint of the Officer may devise some way and doubtlesse they will doe what they can to relieve him And therefore he is to call his Neighbours or as many as will come and with them or without them if they refuse make an equall Rate sufficient to pay all his necessary charges and expences in the doing of his Office and it will be good to get a Justice hand to it if he can and if any refuse to pay it let him complain to the Justice of Peace who will either binde him that refuseth to the Quarter-Sessions or finde some other way to bring him to reason But as touching their ordinary expences for meat drink c. in their travells for this it seems there is no remedy but that the Officers themselves must bear it Howbeit in these things the custome of the place is to be continued SECT 2. Of the Office of the High and Petit-Constable about the Peace THe authority and duty of all these Officers High-Constable and Petit-Constable by the Common-Law consisteth much about the Peace of the Common-wealth and herein in three things First In foreseeing that nothing be done that tendeth either directly or by means to the breach of the Peace Secondly in quieting or pacifying those that are occupied in the breach of the Peace And thirdly In punishing such as have already broken the Peace And here lest any man should be deceived Breach of the Peace what it is in the not understanding what is meant by the breach of the Peace it must be known That by the breach of the Peace is to be understood not only that fighting which we commonly call the breach of the Peace but also that every Murther Rape Man-slaughter and other Fellony whatsoever and every Affraying or putting in fear the People of this Common-wealth whether it be by unlawfull wearing of Armour or by assembling of people to doe any unlawfull act are taken to be disturbances and breaches of the Peace For the better preventing of the breach of Numb 1 the Peace and that nothing be done against it First Any one of these Officers may without Warrant from a Justice of Peace ex officio Against suspected persons as Nightwalkers and the like Stat. of Winchester 13 Ed. 1. 4. 5 Ed. 5. 14. 13 H. 7. 10. Fitz. Office J P. 200. 1 H. 7. 7 Bro. Tres 432. and of his own authority by night or day arrest suspected persons strangers and others that walk in the night and sleep in the day or haunt Bawdy-houses or other suspicious places or shall doe or commit any outrage or misdemeanor For if a Constable be informed of a lewd man and woman that are together and about to be incontinent and lewd he may take with him so many of his neighbours as he will and arrest the same man and woman or any such disorderly person and bring them to a Justice of Peace to be bound to the good behaviour 2. And the better to apprehend such persons Bawdrie they are to see and take care that Watch and Ward be duely kept And for this these things are to be known 1. None but Inhabitants of the same Town are compellable to Watch and Ward 2. It must
are chargeable to this Rate and for these things they must be proportioned to a yearly benefit So that if a man have a hundred Acres of wood within the Parish it must be considered what wood he may sell and what benefit he may make thereof yearly to the Worlds end and according to the same the Rate must be made And for Coal-mines it must be considered what benefit a man doth make by them and according to the same he must be rated 10. Parsons Vicars and such like persons as Inhabitanâ—s within the intent of this Statute are to be rated towards the relief of the Poor as well as other men and so hath it been Resolved of late by the Judges 11. Any man that dwelleth within the Parish albeit he have no Land within the Parish may be rated towards the relief of the Poor of the Parish And so hath it been also Resolved by the Judges 12. In some cases a man may be taxed for his Goods as well as for his Lands and in case of a Rate for the Poor men may be taxed for their visible Estate of goods viz. their Oxen Kine Sheep c. as well as for their Lands and not only for those goods that are within the same Parish where a man doth dwell but also for those goods which he hath in any other place for a man shall not be rated for his goods in any place but in the place where he doth dwell Nay it is held in this case of Rating for the poor some respect may be had to mens invisible Estate of money for the case may be so that the Raters may know a man within the parish that hath no other Estate and yet perhaps hath an annuity of one hundred pounds by the year or hath hundreds of thousands of pounds of money owing to him and in such a clear and certain case they may no doubt Rate him according to that value 13. In some special case a man may be Rated beyond his ability for if a Parishioner for his own gain or otherwise shall bring into the parish without the consent thereof a Stranger who is or is apparently like to be burthensom to the parish in this case the Parishioners because they have no other remedy against him may Rate him not only according to his ability of Lands and Goods but according to the Damage he bringeth or is like to bring to the Parish by his folly For if any person shall finde himself grieved with any such Rate to the Poor or other such like act done by the Overseers of the Poor or the Justices of the Peace he hath no other remedy but to complain to the Justices of the Peace at the Quarter Sessions where the case appearing to be as aforesaid he shall have a little relief 14. If any man refuse to pay his Rates for the poor the present or subsequent Overseers of the Poor shall have a Warrant from the Justices of the Peace to levy the same of the parties Goods And thereupon they may and must sell the parties Goods and pay themselves their Rate and give the party the over-plus of the money if there be any and if he have no Goods then to carry him to Gaol there to abide until he doe pay it It seems to me that for relief of the poor that they have not places for in case of necessity that they may Rate the parish to build a house and to buy a peece of ground in some of the Parishioners names to set it upon For it is in their discretion which way to provide And if they over-rate any man to these ends they cannot be sued by the party grieved But if there be any conspiracie in the case to oppress a man or he be rated to pay debts or for Alimonie or for any other purpose by these Officers an Action will lye against them These Officers with the Church-wardens the Parson or Vicar and the Constables of the place or the most part of them where any money is or shall be given to be continually imployed for the binding out as Apprentices the poorest sorts of Children shall within the same places have the nomination and placing of such Apprentices and the guiding and imployment of such monies as have been heretofore so given or which hereafter shall be so given to and for the continual binding forth of such and so many Apprentices and in such sort as is already or shall hereafter be so given and appointed either by the last Will or any Writing under the Hand and Seal of the givers of such monies And if any of them wilfully forbear or refuse according to their duties to imploy such monies by means whereof the said monie shall not be imployed accordingly then every of them so offending shall forfeit three pounds for every such offence And the Master Mistress or Dame of such Apprentices shall be bound with one or two sufficient Sureties in double the sum they have received with such Apprentices to such persons as aforesaid appointed to dispose the same monies to repay the money so received at seven years end or within three moneths next after the same seven years ended And if the Apprentice Master c. happen to die within the said seven years then within one year next after such death And these Officers and the rest ought to put forth and employ such monies within three moneths at the furthest after the same shall come to their hands And if there shall not be found fit persons to be bound out Apprentices in the Towns and Parishes where such monies are or shall be given to be employed as aforesaid the poorest Children of any of the Parishes next adjoyning may by the discretion of the said Parson Vicar c. be bound Apprentices taking such Bonds as are before mentioned And choise must be alwaies made of the poorest sort of Children and that no Apprentice be above fifteen years old when he shall be first bound And the said Parson Vicar c. are once every year in Easter week or within a moneth after Easter day to be accomptable before four three or two Justices of the Peace dwelling in or next the said Towns or Parishes for all such monies as they have employed in binding of Apprentices and of all Bonds and Obligations taken for payment thereof and of the monie remaining in their hands and are at such accompt or within ten dayes after to deliver to their Successors or to such as have been in their times or places all the said Bonds and Obligations and such monies as remain in their hands not then employed They must being required by the Justices Numb 8. of Peace attend them and with the Church-wardens In making Presentment give them an accompt of these things what Stocks of monie are in their Parish by Rates or otherwise what Apprentices they have placed and what they have done in all the rest of their Office These Officers and the