him or them shall carry or cause to be carried to the next Constable or else shall forfeit for every such default ten Shillings and the Constable is to whip and convey such Rogues as before is directed on pain of twenty Shillings 39 Eliz. cap. 4. Dalt ch 47. fol. 149. 1 Jac. ch 7. Two Justices of peace one of the Quorum by Warrant under their hands and seals may cause to be levied by distress and sale of the Offendors goods all the Fines and forfeitures aforesaid after conviction of the party which must be either by Confession of the party or proof of two Witnesses before the said Justices 7 Jac. chap. 4. Constables or Tythingmen neglecting to search for Rogues upon the Justices warrant or to appear at their meeting to give an account what Rogues have been punished or sent to the House of Correction or if they neglect to convey such to the House of Correction as by Warrant are to be sent thither they are lyable to such Fine as the Justices please not exceeding forty Shillings 1 Jac. 7.14 Car. 2. ch 12. Any Justice of the peace may reward any person or persons who shall apprehend and bring before him any Rogue Vagabond or sturdy Beggar by granting to such person a Warrant under his hand and seal to the Constable or Tythingman of the place through which the Rogue did pass un-apprehended ordering the said Constable c. to give such person two shillings for every Rogue so taken And if the Constable c. refuse to pay it the Justices of the peace may proceed against such Officers according to the Stat. 1 Jac. 7. and compel him to pay his Forfeiture by the said Statute and to allow the said two shillings out of the said Forfeiture to such person with such further allowance for loss of time as the Justice shall think fit 14 Car. 2. ch 12. If any person shall apprehend any Rogue at the confines of any County which passed through any Parish of another County un-apprehended then the person so apprehending such Rogue must carry him to some Justice of peace of the County through which he passed un-apprehended who upon a Certificate under the hand of some Justice of peace of the County where such Rogue was apprehended is to grant his Warrant to the Constable c. to pay two shillings as aforesaid which if he refuse or neglect then the Justice is to proceed against the Constable c. and cause him to pay ten Shillings to the party or so much thereof for loss of time as the Justice shall think fit 14 Car. 2. cap. 12. It is Enacted That whereas Constables Tythingmen c. are at great charges in Relieving carrying with Passes and conveying Rogues c. all Constables Tythingmen c. so out of purse with the Churchwardens and Overseers of the Poor and other inhabitants of the Parish may make a Rate and tax all the Inhabitants of the Parish which are Chargeable by the 43. of Eliz. which Rate must be confirmed under the hands and seals of two Justices of the peace And if any person refuse to pay his Rate then the Constable by warrant from two Justices of peace may levy the same upon the Goods of the party refusing rendring them the Overplus if any remain thereof 39 Eliz. cap. 4. 17. 43 Eliz. cap. 2. 1 Jacobi cap. 7. 21 Jac. cap. 28. 7 Jac. cap. 24. 5 Elizab. cap. 4. Dalt cap. 47. fol. 123 124 125. All these persons hereafter named are accounted and adjudged Rogues Vagabonds and sturdy Beggars That is to say all such persons above the age of seven years Man or Woman sole or covert that wander from their usual place of abode abroad every where begging or if they do not beg yet if they wander and loyter about without a lawful Pasport and give no good account for their travel are accounted Rogues All Scholars and Sea-faring men which beg Wandring persons that use unlawful Games subtil craft or Playes or pretending themselves to have skill in Physiognomie Palmestrie or the like or to be Fortune-tellers or Figure-casters All Proctors Patent-gatherers except for Fire Collectors for Gaols Prisoners or Hospitals wandring abroad Fencers Bearwards those are Rogues in grain common Players of Interludes and Fidlers or Minstrels wandring abroad All Juglers Hocus pocus and Slight-of-hand Artists Tinkers Pedlars and Petry-Chapmen and Glass men wandring abroad especially if they be not well known or have not a sufficient Testimonial all counterfeit Egyptians not being Felons all persons delivered out of Gaols which beg for their fees or otherwise do travel begging such as go to or from the Bathes and do not pursue their License Souldiers and Mariners that beg and counterfeit a Certificate of their Commanders All Labourers which wander abroad out of the Parish and refuse to work for wages reasonably taxed having no living otherwise to maintain themselves and such as go with a General pasport which is not directed from parish to parish All these are accounted Rogues Vagabonds and sturdy Beggars All Servants that depart out of their service viz. out of one City Town or Parish to another or out of one Hundred or County to serve in another without a Testimonial or with a false one and such persons as are sick of the Plague and wilfully go abroad in company against the command of Officers are to be punished as Vagabonds but none are to be sent to the place of birth or last habitation but wandring Rogues those which beg in their own Parish or in the High-ways without the appointment of the Overseers are to be sent to the House of Correction 39 Eliz. cap. 4. Dalt J. P. ch 47. fol. 135. Resolu Judges sect 4 5. A Wife and Children under seven years of age being vagrant must be placed with the Husband and if the Husband be dead then with the Wife where she was born or last dwelt and vagrant Children above seven years of age must be sent to the place of their birth and if the vagrant Parents with their Children under seven years of age be placed at the place of birth of the Parents or at the last place of dwelling if afterwards the Parents or either of them dye or run away yet the Children once setled must remain there still and may not be sent to the place of their birth though afterwards they attain to the age of seven years The Wife being but a vagrant Rogue ought to be sent to her Husband though he be but a servant in another Town or Parish and the Rogue whose place or dwelling cannot be known having Wife or Children under seven years of age they must go with the Husband to the place where they were last suffered to pass through unpunished where the Children must be relieved with the work of their Parents though their Parents be committed to the House of Correction 3. Hue and Cry Dalton J. P. ch 28. fol. 75. The Constables or Tythingmen of every
Town Parish or Village to whom Hue and Cry shall come ought to search in all suspected houses and places within their Liberties and as well be Officers as all other persons which shall pursue the Hue and Cry may take and stay all such persons as in their search and pursuit they shall find to be suspitious and shall carry them before some Justice of the County where they are taken to be Examined where they were at the time of the Felony committed and if any default be in the Officers they may be fined by the Justices for their neglect 27 Elizab. cap. 13. Dalt J. P. ch 48. fol. 132. Where a Hundred is sued for a Robbery and damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto in such case two Justices of the peace one of the Quorum dwelling within or near the Hundred may for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables or Tythingmen of every parish must Tax the particular Inhabitants within their Liberties and then levy the money upon such as refuse by distress and sale of their Goods restoring the over-plus if any be and after the Money is gathered they are to restore the same to the Justices or some of them that made the Rate within ten dayes 27 Eliz. cap. 13. That Hundred where fresh Suit shall cease shall answer half the damages to the Hundred where the Felony was committed to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County where the Felony was committed in which case the death or change of the Clerk of the Peace shall not abate the Suit And this Recovery is to be taxed and levied as the former Bract. lib. 3. f. 121. Dalt J. P. f. 133. Where any one of the Robbers is apprehended or where the Action is not prosecuted within one year after the Robbery committed the Hundred is not chargeable for the Robbery Observe likewise that the Hue and Cry shall not be judged legal unless the pursuit be both by horse and foot Westm 1. ch 9. Co. 2. part Inst f. 172. He that goeth not at the command of the Sheriff or Constable at the Cry of the County that is upon Hue and Cry to arrest Felons after Attainder shall be grievously fined and imprisoned 4. Carrying Prisoners to the Gaol 3 Jac. ch 10. Dalt chap. 43. f. 104. An offendorwhich is to be conveyed to Gaol must bear all charges both of himself and of those that guard him if he be able and if he refuse to pay the charges or shall not at the time of the commitment discharge the same then upon a Warrant from a Justice of peace the Constable of the Liberty or Town where the offendor hath any Goods being within the same County may sell so many of the parties Goods as in the discretion of the Justice shall be thought sufficient to satisfie the said Charges the Apprizement to be made by four Inhabitants of the parish where such Goods be and the over-plus to be returned to the owner 1 Jac. ch 10. And if the offendor have no goods to defray the charges then the charge must be born by the Town or Parish where the offendor was taken which must be done by Tax made by the Constable Churchwardens and two or three other Inhabitants and where there are no such officers then four of the principal Inhabitants of the parish must make the Rate which being allowed under the hand of a Justice of peace every Inhabitant must pay their proportion according to the said Rate and if any refuse to pay the Constable Tythingman or other officer by Warrant from a Justice of the peace may levy the same by distress and after appraisement by four of the Inhabitants may sell the same rendring to the party refusing the overplus if any be And if the Constable or other officer that makes such distress be sued he may plead Justification and upon a verdict for the defendant or Non-suit of the plaintiff he shall recover treble damages besides Costs of suit 5. Servants and Labourers 5 Eliz. c. 14. The Constable in the time of Hay and Corn harvest upon request to him made by any man that wants Labourers to get in his Harvest to prevent loss thereof may cause all such Artificers as he shall see meet to labour to serve by the day for mowing reaping or otherwise for the getting in of Corn or Hay abroad according as they seem fit and able to perform And if such persons shall refuse to work after they are requested thereunto the Constable may set them in the Stocks by the space of two days and one night and if the Constable neglect to perform his office herein he forfeits Fourty shillings 5 Eliz. chap. 4. No person reteined in Husbandry or in any Arts appointed by that Statute shall depart after the time of such reteiner expired out of the City Town or Parish where he last served to serve in another without a Testimonial viz. in a Town-corporate under the hands and seals of the Magistrate and two housholders there and in the Countrey under the hands and seals of the Constable or other officers and two housholders of the Town or Parish where he last served which Testimonial is to be registred by the Minister for which he is to have Two pence and then to be delivered to the party The form of a Testimonial for a Servant MEmorandum That J.S. servant to J.D. of Bramsil in the County of Southampton yeoman is licensed to depart from his said Master and is at liberty to serve elsewhere according to the Statute in that case made and provided In witness whereof we have hereunto set our hands and seals this 25 day of August in the 22 year of the reign of our gracious Sovereign Lord King Charles the Second 1670. Ri. Turner Constable of Bramsil R. C. J. D. Housholders there If it be one that lives with a Woman then say is licensed to depart from his Mistress or Dame as she is if the Master be not a Yeoman or Husbandman but an handy-crafts-man as Taylor Smith c. then name him so in the Testimonial 5 Eliz. ch 4. Dalt J. P. ch 31. fo 63. The Master that reteins a Servant without such a Testimonial forfeits Five pounds being thereof convicted by Indictment taken in the Sessions of the Peace and every Servant which sheweth not such a Testimonial to the chief Officer in a Corporation or to the Constable or other officer Minister or Churchwarden of the place where he is to dwell may be imprisoned until he procure one and if he produce not one within one and twenty dayes next after the first day of his Imprisonment or if he shall shew a false or counterfeit one then he is to be whipped and used as a Vagabond This Statute as to this particular of Testimonials is
said Fines by way of distress and if no distress can be found or the party do not pay the Fine within twenty dayes after demand thereof he or they shall forfeit double so much All which Fines and forfeitures shall be bestowed on the High-wayes in the same Parish by the Constable and Church-wardens there Stat. idem Dalt J. P. ch 26. fol. 70. The Bayliff or High-Constable is yearly between the first of March and last of April to render unto the Constable and Church-wardens to whom the other part of the Estreat was delivered a true Account of the Moneys received by them in pain of forty Shillings And the said Constables and Churchwardens have power to call the Bayliff or High-Constable before two Justices one of the Quorum to pass the Account who have power to commit such Bayliff or High-Constable until they have satisfied all the Arrerages by them received Stat. idem Upon passing their Account every Bayliff or High-Constable shall be allowed Eight pence for every Pound collected and Twelve pence for the fee of the Estreat delivered Stat. idem Dalt ch 26. f. 21. Any two Justices of peace upon complaint to them made by the succeeding Constables and Churchwardens may call before them the precedent Constables and Churchwardens and compel them to pay in all Arrerages in their hands 18 Eliz. ch 10. The Surveyors by warrant from two Justices of the peace are to levy by distress and sale of goods the Forfeitures of all such persons as offend in not scowring their Ditches c. and if they neglect to levy the Forfeiture for the space of a year after the offence committed then the Justices may send to the Constable and Churchwardens to levy the same 14 Car. 2. ch 2. Constables or other officers by warrant from any of His Majesties Justices of either Bench Barons of the Exchequer or Justices of the peace to them directed are to levy by distress and sale of the offendors goods all such penalties as shall be forfeited by the said Act touching repairing the High-wayes and Sewers and for paving and keeping clean the Streets in and about the Cities of London and Westminster and for default of distress or non-payment of the said Penalties within six dayes after demand thereof or notice in writing left at the house or dwelling place of the offendor by the said Constable or other officer the said offendor not being a Peer of the Realm may be committed to the common Gaol of the said County or City by warrant of any such Justice under his hand and seal there to remain without bayl or mainprize until payment thereof be made CHAP. VIII The Constables office about Forein Bonelaces c. Chimney-money Customs Excise Fish 1. FOrein Bone-laces c. Constables upon Warrant to them directed from the Justices of peace or chief officers of Cities and corporate-Corporate-Towns c. are to search in their several Counties Cities Towns and Liberties in the Shops being open Ware-houses and dwelling-house of such person or persons who shall be suspected to have any Forein Bone-laces Cut-works Embroideries Fringes Band-strings Buttons or Needle-works made of Thred Silk or any or either of them made in the parts beyond the Seas and where they find any such to seize the same 2. Chimney-money 16 Car. 2. ch 3. All Justices of the peace chief Magistrates Treasurers and Under-Treasurers Constables and other His Majesties officers are within their several Liberties and Jurisdictions to ayd and assist His Majesties officers appointed for the collecting of the Duty of Hearth-money Stat. idem The Officers appointed by His Majesty for the Chimney-money once every year being accompanied with the Constable or Tythingman Treasurer or Under-Treasurer or other publick officer of the Peace and in all Parishes and places where there are no Constables Tythingmen or other publick officers as aforesaid there without any such assistance may enter in the day time into any dwelling or other House Edifice Lodging and Chambers in any of the Inns of Court or Chancery Colledges and other Societies to search and examine whether there be any more Fire-hearths and Stoves in the same than were formerly Returned or certified and what are increased or decreased since the last Certificate And if they find any variance in the Number returned both the Officer and Officers appointed by His Majesty and the Constable or Tythingman or other Officer aforesaid are to certifie the same under his or their hands to the Clerk of the peace Stat. idem If the party after demand made by His Majesties officers or their deputies at the house chamber or place where the duty shall grow due make default or refuse to pay by the space of one hour after such demand then the officer or his deputy with the assistance of the Constable or Tythingman or other Officer may at any time in the day levy the said duty and all the Arrears thereof by distress and sale of the goods of the parties making default rendring the overplus to the owners deducting necessary charges for taking the distress which charges are not to exceed one moiety of the Duty and Arrears 16 Car. 2. cap. 3. No arrears of Hearth-money are to be distreined for after the space of two years next after such duty becomes due And if any violence opposition or injury be done by any person or persons to any of His Majesties officers or their deputies in the due execution of their office Oath being made there of before any one Justice of the peace or chief Magistrate c. such Justice or the Magistrate if they think fit may commit the offendor to the common Gaol for any time not exceeding one Moneth Stat. idem The Constables are to have two pence in the pound paid them by the Collector to whom they pay the Chimney-money by them collected and are to pay nothing to the Collectors for their Acquittances 3. Customes 12 Car. 2. ch 19. Any person having a Warrant from the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of a Port for the search of Uncustomed goods may with the assistance of a Sheriff Justice of the peace or Constable who are to be aiding and assisting upon request may enter into any House in the day time where such goods are suspected to be concealed and in case of resistance may break open such House and seize and secure such goods Stat. idem No House is to be entred unless it be within one Month after the offence supposed to be committed and if the Information whereupon the House shall come to be searched do prove false the party injured shall recover full Costs and damages against the Informer by Action of Trespass 14 Car. 2. ch 11. Such persons as are authorized by Writ of Assistance out of the Exchequer are to take a Constable Headborough or other officer inhabiting near the place and in the day time to enter into any house shop cellar warehouse room or other place
Warrant may do it Dalt J.P. ch 26. fo 70. Stat. 5 Eliz. ch 13. The Surveyors or one of them are to preent to the next Justice of peace every default upon the 2d and 3d of P. M. ch 8. and 5 Eliz. ch 13. within one Month after it shall be made on pain of 40 s. and the Justice is in pain of 5 l. to certifie the same at the next Quarter Sessions where the Justices are to enquire of the default and set such Fine upon the offendors as they or two of them one of the Quorum shall think fit 5 Eliz. 13. Rastall 199. The presentment of a Justice of peace in Sessions upon his own knowledge shall be a good conviction upon which the Justices in Sessions or two of them one of the Quorum may assess a Fine as well upon a Verdict but the offendor shall be admitted to his Traverse Stat. 2 3. P. M. ch 8.5 Eliz. ch 13.18 Eliz. ch 10. The offences upon these Statutes are inquirable by Justices of the peace-in their Sessions and Stewards in Leets either of which have power to assess Fines at their discretions upon defaulters of which Fines indented Estreats in the Sessions under the hand and seal of the Clerk of the Peace in the Leet under the hand and seal of the Steward shall be delivered within six Weeks after Michaelmas one part of the Estreats to the Bayliff or High-Constable of the Liberty and the other part to the Constables and Churchwardens of the Parish where the offendors live Stat. 2 3 P. M. chap. 8. These Estreats shall be a sufficient Warrant for the Bayliff or chief Constable of the Liberty to levy the said Fines by way of distress and if no distress can be found or the party do not pay the fine within Twenty dayes after the lawful demand thereof he or they shall forfeit double so much All which Fines and Forseitures are to be employed towards the mending of the Highwayes in the Parish where the offences are committed Stat. 2 3 P. M. ch 8. The High-Constable or Bayliff shall between the First of March and Last of April yearly give an account to the Constables and Churchwardens who have the other part of the Estreats of the Fines of what Money they have received on pain of Forty shillings and the Constables and Churchwardens have power to call the High-Constable or Bayliff before two or more Justices of the peace one whereof to be of the Quorum to give up his Account who have power to commit him until he have satisfied all the Arrerages by him received save Eight pence in the Pound for his own Fee and Twelve pence in the Pound for the Clerk of the Peace or Steward of the Leet And the Contables and Churchwardens have the same power successively as their predecessors 14 Car. 2. ch 6. Every Survey or of the Highwayes shall within one Month after his Year is expired yield up to the INhabitants of the Parish Town or Hamlett at some publick meeting appointed by the inhabitants a perfect Account of all Moneys he hath received and paid within the Year by reason of his said Office and of whom what summ to whom he hath paid the same what Moneys are in Arrear for Fines Forfeitures Penalties c. and if any overplus be in his hands he shall render the same to the next Surveyor for the use of the Parish Town or Hamlett to be disbursed in and about the Highwayes the year following And if the Surveyor shall not make such an Account and payment then two Justices near the Parish upon complaint may examine the business upon Oath and upon default found in the Surveyor they may commit him to the Gaol of the County City c. there to remain until he have made a true Account and payment Stat. idem All Justices of Assize Oyer and Terminer and Justices of peace are impowred to hear and determine all matters concerning charitable Gifts for the amending and ekeping in repair any common HIgh-wayes Pavements Streets c. within their Commission and to make Orders for the due employment of such Gifts except the Gift be made to the use of any Colledge Hall Free-School or Hospital who have proper Visitors of thier own and to determine all offences and defects in Surveyors concerning the same and in ease any person be aggrieved by such Order he may Appeal to the Court of Chancery as in case of a Decree made upon the Statute of Charitable uses Stat. idem No travelling Wayn Wagon Cart or Carriage wherein any Goods Burthens or Wares shall be carried or drawn for hire other than such Carts and Carriages as are employed about Husbandry and managing of Lands and in carrying of Hay Straw Corn unthreshed Coal Chalk Timber for shipping materials for Building Stones of all sorts or such Ammunition or Artillery as shall be for His Majesties service shall at any one time travle be drawn or go in any publick or common Highway with above seven Beasts whereof six shall draw in pairs nor with above eight Oxen or six Oxen and two Horses nor shall at any time carry above 2000. weight between the First of October and the First of May except such paticulars as abovesaid nor above 3000. weight between the First of May and the First of October nor above five Quarters of Wheat Meal Mesline Rye Pease Beans Tares nor above eight Quarters of Barley Mault or Oats nor shall any Wagon Wayn or Carriage be employed for the said uses the Wheels whereof are less in breadth than four Inches in the Tyre upon pain every owner of such Wagon Wayn or Carriage Horse Beasts or Oxen shall for every of the said offences forfeit 40. Shillings to be divided into three equal parts one to the Surveyors of the High-wayes where any of the offences shall be committed towards the repairing of the highwayes of the Parish there the other part to the Overseers of the Poor of the Parish where the offence is committed for the relief of the poor there and one other part to him that shall discover and prosecute for the said offences These Penalties are to be levied by distress of all or any the Horses Beasts or Oxen and to be distributed as aforesaid by the Constables Surveyors of the Highwayes and Overseers of the Poor of the parish where the offence is committed and in case the Penalties be not payd within three dayes after distress then the same to be sold rendring the overplus the charges of keeping and selling first deducted Statutes for repairing particular Highwayes viz. Stat. 39 El. ch 19. For repairing the High-wayes in the Wild of Sussex Surrey Kent Stat. 37 H. 8. chap. 3. For Huntington-Lane near to Chester Stat. 14 H. 8. ch 6. 26 H. 8. ch 7. For laying out new Highwayes in the Wild of Kent and Sussex Stat. 1 M. par 2. ch 5. For the Cawsey between Dorchester and Sherborn Stat.
18 Eliz. ch 10. For the Kings Ferry in Kent Statutes for particular Bridges Stat. 18 H. 6. chap. 28. For making of Burford and Culhamford Bridge Stat. 18 Eliz. ch 17. 27 H. 7. ch 25. For the maintenance of Rochester Bridge Stat. 18 Eliz. ch 20. For the repair of the Bridges within a mile of Oxford Stat. 23 Eliz. chap. 11. For the maintenance of the Bridges over Toffe in Wales Stat. 39 Eliz. chap. 23. For making and repairing of Newport and Carleon Bridges over the River Usek Stat. 39 Eliz. ch 24. For building and maintenance of a Bridge at Wilton upon Wye near Ross in Herefordshire Stat. 3. Jac. chap. 23. For making and repairing Chepstow Bridge Stat. 14 Car. 2. ch 6. For building and repairing Laycock and Rey Bridges in Wiltshire and Stratford Bridge in Middlesex By the same Act it is provided That all Bridges shall have sufficient Walls or Posts and Rails on each side thereof four Foot high at the least adn that the same be from time to time sufficiently kept and repaired Pasch 10 E. 3.28 29. Coke 2 Part of the Institutes fol. 701. Bridges are to be repaired by the whole County by common Right if it be not known who ought to do the same otherwise Rolls Cases 1. part f. 368. If a man erect a Mill for his own particular profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own profit Coke 2. part Instit so 700. If man which holdeth an 100 Acres of Land ought to repair a Bridge by tenure of the same do alien 20 Acres thereof to one man and 10. Acres to another man in such case every owner or occupier of such Lands must be charged proportionably for their said Lands 22 H. 8. chap. 5. Coke 2. part Instit fo 702 Dalt J.P. chap. 13. fo 41. If any Bridge be wholly in a City or other Town-Corporate the inhabitants of the same City or Town Corporate must repair it And where such Bridge lyes out of such City or corporate-Corporate-Town the same must be made by the inhabitants of the Shire or Riding within which the same Shire shall be And if part of a Bridge be in one Shire or Riding City or corporate-Corporate-Town and one part in another then every of them shall be charged to make and repair such part as shall lye and be within their own limits Crompt 186. b. 43. Ass Dalt J. P. ch 13. fo 42. Such as are chargeable to repair a Bridge may enter upon any other mans land or soyl adjoyning and lay their Stone Lime Timber or other things necessary there for the repairing and amending thereof and the owner of the Lands shall have no Action therefore for it is for the common profit And the party that is chargeable to repair a Bridge must also maintain the way at each end thereof although the soyl be to another and if the ends be broken by the Water-course he must follow the Water-course and mend the way Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 4. Where a common Bridge in the Kings HIghway is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof four Justices of the peace one of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town-corporate then four such Justices of peace there may within the limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town-corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other inhabitants and with their assents may tax every inhabitant in any such City Town or Parish within their limits to such reasonable summ of Money as by their discretions they shall think convenient as well for the repairing of such Bridge as also for the making and repairing of the Highwayes by the space of 300. Foot next adjoyning to the ends of any such Bridge Coke 2. part Instit fo 704. This Taxation ought not to be made by the Justices without the consent of the Constables or inhabitants nor by them without the Justices and this Tax ought to be upon every inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or few might be distrained upon the whole Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 40. Coke 2. part Instit fol. 701 702. Where a Franchise City or Borough is a County of it self and hath not four or more Justices of the peace whereof one or more are of the Quorum in this case no other Justices of the peace of any Shire or County have any power to meddle there by this Act but such decay must be amended by the Common Law by such remedies as they were antiently before the Statute of 22 H. 8. supra Coke 2. part Instit fo 704. Dalt J. P. ch 18. fo 40. The Justices of peace after the Taxation is made shall cause the names and summs of every particular person so Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Coke part idem fo 705. Dalt J.P. ch fol. idem 22 H. 8. ch 5. The Justices may make two Collectors of every Hundred to gather the Money so taxed which said Collectors having received one part of the Roll thereof indented have power to gather all the Money therein mentioned and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Stat. 22 H. 8. ch idem Dalt ch fo ead The Justices are likewise to appoint two Surveyors who from time to time as often as need shall require shall see such decayed Bridges and Wayes repaired and amended to whose hands the Collectors must pay the money by them received Stat. idem Dalt idem The Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of peace of the Receipts Payments and Expences of the said summs of Money and if any of them refuse so to do then the said Justices of peace from time to time at their discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their hands and seals returnable at their general Sessions of the Peace and the said Justices may allow such reasonable Costs and charges to the said Surveyors and Collectors upon their account as to them shall seem
any Guns Daggers or Pistols charged in such case the Constable upon sight hereof may seize and take away their Armour and other Weapons and cause them to be apprized and answered to the King as forfeited and carry the parties before a Justice of peace to find Sureties for the peace 2 E. 3. ch 3. But the Kings servants in His presence Sheriffs and their officers and other the Kings ministers and such as be in their companies assisting them in their office and all others pursuing Hue and Cry where any Felony or other offences against the peace be committed may lawfully bear Armour or Weapons 14 Car. 2. chap. 3. All High-Constables Petty-Constables and other officers within their several Parishes are to be ayding and assisting to such persons as shall have Warrants from the Lord Lievtenants or any two of their Deputies under their hands and seals to search for and seize all Armes in the custody and possession of any person or persons whom the said Lievtenants or their Deputies shall judge to be dangerous to the peace of the Kingdom and to secure the same and give account thereof to the said Officers but such search is to be made in the day time only between Sun-rise and Sun-set and not otherwise unless it be in Cities and their suburbs Towns-corporate and market-Market-towns or Houses within the Bills of mortality in which places search may be in the night if the Warrant so direct No dwelling-house of any Peer of the Realm is to be searched unless the Warrant be from the Kings Majesty under his Sign manual or in the presence of the Lievtenant or one of the Deputy-Lievtenants of the said County or Riding And in all places and houses aforesaid where search is made in case of Resistance to enter with Force and such Arms so seized where the Lievtenants or their Deputies or any two of them think fit may be restored to the owners again 14 Car. 2. cap. 3. 15. Car. 2. cap. 4. The Constables by Warrant under the hand and seal of the Lord Lievtenant or any three or more of the Deputy Lievtenants are to levy such summs forfeitures penalties and payments as shall be charged upon any person or persons within their several Liberties for the furnishing of Armes horse or foot or payment of Souldiers Ibid. And where sufficient distress cannot be had then the Lord-Lievtenants and their Deputies by like warrant to the Constable may commit such offendor to prison until he shall make satisfaction according to the said forfeiture payment or penalty 3. Escapes Dalton J.P. ch 106. f. 272. Bro. coron 112.224.316.454 Bro. Escape 31. Stamford fo 32. If a Constable or any other officer which hath a prisoner in custody for Felony or suspition thereof voluntarily letteth or suffereth the prisoner to go where he will at liberty though this be breaking of prison yet it is Felony in the Gaoler Constable or him that letteth such prisoner escape but it is no Felony in the prisoner but if such a prisoner shall escape by the negligence of his keeper and against his will and knowledge then it is Felony in the prisoner because a breach of Prison and the Gaoler or Constable c. shall be fined by the Judges or Justices for such Escape Dalt cap. 106. fol. 272. If a Constable or other officer shall voluntarily suffer a Thief being in his custody to go into the water and drown himself this escape is Felony in the Constable and the Thief is Felo de se but if the Thief shall suddenly without the assent of the Constable kill hang or drown himself this is then but a negligent escape in the Constable and fineable as aforesaid Dalt ibid. The voluntary letting a Felon escape before he be arrested for the Felony is no Felony in him that suffereth him to escape but if the Constable suffer one to escape whom he knows hath committed a Felony is finable if it do not make him accessary Cromp. 40.44 Dalt J. P. ch 106. fo 275. Where a Felony is committed and one is arrested for the same or suspition thereof though the Constable c. shall after have certain intelligence and knowledge that the party arrested is not guilty of the offence yet they may not set the party at liberty for he must not be delivered but by due course of Law Dalt J. P. ch 118. fo 340. If a Constable convey a Feion to the Gaol and the Gaoler will not receive him then the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him until the next Gaol-delivery and in such case the Gaoler shall be punished by the Justices Ibid. The Constable or other officer that shall imprison any Felon in the stocks may lock the stocks and if need be may also put Irons on the prisoner and when he conveyeth him to the Gaol or to the Justice he may pinion him or otherwise make him sure so that he cannot escape 4. Forcible Entries 15 R. 2. chap. 2. Dalt ch 22. f. 57. If a Constable or any other private person of the same County do refuse to attend and assist the Justices of the peace upon request to remove a Force or to convey the parties to the Gaol he may be imprisoned for his neglect and make Fine to the King 6. The Peace H. 7. fo 18. A. Cromp. 6.12 The Constable ought to do what he can to keep the Peace but he cannot take surety of the Peace at the request of any man Dalt ch 3.9 The Constable or other officer before he arrest the party upon a Warrant for the Peace ought first to acquaint the party therewith and charge him in the Kings name to go along with him to the Justice to put in sureties according to the Warrant and if the party refuse so to do then the Officer ought forthwith to take and convey him to the Gaol without carrying him to any Justice at all there to remain till he doth find Sureties and then at the next Sessions of the peace the Officer ought to deliver in his Warrant and certifie what he hath done therein Dalt 69. f. 166. If the party yield to go and find Sureties then the Officer may not absolutely arrest him yet he is not bound to go up and down with him till he can get Sureties but he may keep him till he can get Sureties to come unto him and if the party make resistance or offer to go away afterwards the Officer may carry him to the Gaol or set him in the Stocks till he can get ayd to carry him to the Gaol Lambert 101. Dalt J. P. ch 69. f. 168. If an officer having a Warrant from a Justice of peace against a man to find sureties for the Peace and do afterwards receive a Supersedeas out of the Chancery or Kings Bench or from another Justice of peace of the same County to discharge the same Surety of the peace
and yet nevertheless the Officer will cause the party to find sureties by virtue of the Warrant the party may refuse to give it and if he be arrested or imprisoned for such refusal he may have his Action of False imprisonment against such Officer for the Supersedeas is a discharge of the former Warrant 13 H. 7.10 Dalt J. P. ch 75. f. 189. I. a Constable be informed that a man and woman be in Adultery or Fornication together or that a man and woman of evil report are gone to a suspected house together in the night the Constable may take company with him and if he find them so he may carry them before a Justice of the peace to find Sureties for their good behaviour Fitz. Barr. 207. Cromp. 135. If any shall abuse a Constable in the execution of his office the Constable may have him bound to his good behaviour for it Dalt ch 3. f. 9. Any injurious force or violence used against the person of another his goods lands or other possessions whether it be by threatning words or furious gestures or force of the body or any other force used in Terrorem is said to be a breach of the Peace 6. Hedge-breakers Roblers of Orchards c. 43 Eliz. ch 7. Such as are convicted before a Justice of the peace for cutting and taking away of Corn growing robbing of Orchards breaking Hedges and their procurers and receivers knowing the same are to give the party grieved such satisfaction as a Justice of peace shall think fit and if they cannot give such satisfaction then the Justice may commit the offendors to the Constable to be whipped for the first offence and the like pain for the second offence and if the Constable or other officer do not by himself or some other see the same done accordingly then the Justice may commit such officer to the Gaol there to remain without Bayl until he procure the offendor to be whipped as aforesaid 15 Car. 2. ch 2. The Constables Headboroughs or other person in every County City Town-corporate or other place where they shall be officers and inhabitants have power to apprehend or cause to be apprehended such persons as they suspect for having carrying or conveying any burthen or bundles of any kind of Wood Underwood Poles or young Trees or Bark of any trees or Gates Stiles Posts Rayls Pales Hedge-wood Broom or Furze and any Constable or Headborough c. by warrant under the hand and seal of one Justice may enter into the houses out-houses yards gardens or other places belonging to the houses of such persons as they shall suspect c. and where they shall find any to apprehend the parties suspected for cutting the same and those in whose custody c. any such Wood or Underwood shall be found and carry them before a Justice of the peace and if the party cannot give a good account to the Justice how he came by the said Wood c. by the consent of the Owner or shall not within the time the Justice shall appoint prove who he bought it of then such person shall be deemed convicted of the cutting and spoyling of Wood within the Statute of 43 Eliz. and for the first offence shall give such satisfaction to the owner within such time as the Justice shall appoint and pay over and above presently to the use of the Poor where the offence is committed so much money as the Justice shall appoint not exceeding Ten shillings And for default of performance hereof the Justice may commit the offendor to the house of Correction so long time as he shall think fit not exceeding one Month or otherwise to be whipped by the Constable or other officer And for the second offence the offendor is to be sent to the house of Correction for one Month and there held to hard labour and if he be convicted the third time then to be punished as an incorrigible Rogue Stat. ibid. If any person buy any burthens of Wood Underwood Sticks c. of any who may justly be suspected to have come by the same unlawfully upon complaint to a Justice Head-officer c. and if upon examination upon Oath it appears That the same were bought of such person as aforesaid the Justice may order the buyer to pay the treble value thereof to him from whom they were stollen and for non-payment the Justice may grant his Warrant to the Constable to levy the same by distress and sale of the offendors goods rendring to the owner the overplus and for want of such distress then to commit the party to the Gaol at his own charge there to remain one Month without bayl None is to be punished by this Statute that hath been punished for any former Law for the same offence and all offendors within this Statute must be prosecuted within six Weeks after the offence committed Setting-dogs Stat. 7. Jac. ch 11. Dalton J. P. ch 37. fol. 90. The Constable Tythingman or Headborough of any place upon a Warrant under the hands and seals of two or more Justices of the Peace hath power to search the Houses of any persons suspected to keep Setting-dogs or Nets for the taking of Pheasants or Partridges and the Dogs and Nets there found to take carry away detain kill destroy and cut in pieces Stat. idem Dalt ibid. But they cannot search the houses of any who have free Warren or any Lords of any Manor or such as have 40. Pounds per ann or more in Freehold or some Estate of Inheritance or 80. Pounds per annum for Life or be worth in personal Estate 400. Pounds These may keep Nets and Dogs to take Pheasants or Partridges in their own ground CHAP. VII The Constables office touching Clothiers Maultslers Alehouses Drunkenness Weights and Measures Purveyances High-ways 1. CLothiers 14 Car. 2. ch 5. Constables and other officers upon request are to ayd and assist the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs called Norwich-Stuffs made in Norwich and the County of Norwich They ought to be very vigilant in this business for there never was such slight and unserviceable Stuffs made as now are to the great damage of his Majesties subjects 14 Car. 2. ch 5. In the West-riding of the County of York the Constables are likewise by warrant from the Justices of the peace Masters and Wardens of the Corporation or any thirteen of them to levy such Fines Penalties and Forfeitures as shall grow due from any Clothier by virtue of the Statute abovesaid by distress and sale of the offendors goods rendring the overplus to the owner upon demand 4 E. 3. ch 1. Fitz. J. P. 103. Clothiers must pay their Spinners and other work-folks their Wages in ready Money and not in Wares and shall deliver their Wool in due weight on pain to forfeit Six pence for every default And the Carders Spinners Weavers and other work-folks are to do their work faithfully on pain to forfeit double damages
to the party grieved Stat. idem The Master or Head-officer in a Corporation where there is no Master and out of a Corporation every Justice of peace High-Constable and Stewards of Court-Leets shall hear and determine the complaints as well for non-payment of the Work-folks wages as the damages aforesaid by examining the parties for which damages they have power to commit the offendors to the Gaol until the party grieved be satisfied 39 Eliz. ch 20. The Justices of peace and High-Constables may search any house or other place for Tenters Ropes Rings Head-wrinches or other Engines for stretching of Cloth and if they find any to deface them and if the Owners use them again these Officers may take them away and sell them and give the money to the Poor Mault-making 2 E. 6. ch 10.21 Jac. ch 28. 3 Car. 1. ch 4. The Constables and Bayliffs of any Town ought from time to time to view and search all such Mault as shall be made or put to sale within any of their Liberties and if they find any being evil made or mingled with evil Mault then the Constable or Bayliff with advice of one Justice of peace may fell the same to such persons at such a rate as the Justice shall think sitting Stat. 2. E. 6. ch 10. There are three sorts of evil and deceitful Mault viz. 1. Where Barley and Mault hath not in the making thereof in the Fatt Floor steeping and drying thereof three Weeks at the least Except it be in June July and August and in those Months it must have 17. Dayes and under such time it cannot be made wholesome 2. They ought to take out of every Quarter of Mault half a peck or more of Dust by treading rubbing and fanning the same before they put the same to sale or else they forfeit 20. Pence for every Quarter otherwise sold to be divided between the King and the Informer 3. If any Mault shall be put to sale not well made according to the limited time or made of mow-burnt or spired Barley or mixed good and bad together they forfeit Two shillings for every Quarter to be divided as aforesaid This Act extends not to such as make Mault for their own provision only and the Forfeitures aforesaid must be prosecuted within one Year Alehouses Drunkenness 3 Car. 1. ch 3. Dalt J.P. ch 7. fol. 31 32. If any one keepr an Alehouse or sell Beer or Ale without License he forfeits 20. Shillings to the use of the Poor to be levied by distress and sale of the offendors goods by the Constable and Churchwardens by warrant from a Justice of peace before whom the offence is proved which Goods are to be sold within three dayes after the Distress taken and the overplus to be returned if any be And in default of Distress the delinquent is to be openly Whipped by the Constable If the Constable refuse or neglect to execute his Warrant he forfeits 40. Shillings to the Poor and the Justice may commit the Constable to the Gaol until he causeth the offendor to be whipped or payeth the 40. Shillings to the use of the Poor Co. 9. lib. Rep. fol. 87. b. 10 H. 7.8 Dalt J. P. ch 7. f. 28. If a common Inn-keeper or Alehouse-keeper refuseth to lodge a Travelle he proffering to pay ready money for his victuals c. the Constable may cause such an Inn-keeper or Alehouse-keeper to be indicted at the Sessions or Assizes where he may be fined and imprisoned or the party grieved may have his Action of the Case against the Inn-keeper or Alehouse-keeper But they are not bound to lodge or find victuals without ready money first paid if it be required In the Condition of the Recognizance which every Alehouse-keeper enters into that is licensed to sell drink it is one Clause That he shall keep one or more spare Beds for lodging of strangers Were this well looked into in and about London abundance of forfeited Recognizances would be found and a great many lazy knaves that live at their ease by selling Drink might be set to work for their livings They are bound likewise not to suffer any Gaming in their houses or backsides which now is the main prop of most of them and there they draw in Apprentices and Servants to their ruin were they punished according to the Statute for this these Caterpillars would not swarm so thick as they do 1 Jac. ch 9. 1 Car. 1. ch 4. If any Inn-keeper Alehouse-keeper or Victualer do sell less than a full Ale-Quart of the best Ale or Beer or two Quarts of the Small for one Penny he forfeits 20. Shillings for every offence If he suffers Townsmen or others to sit tipling in his house he forfeits 10. Shillings for which the Constables and Churchwardens upon a Warrant from a Justice of peace ought to distrein and levy the Forfeitures according to the Statute and if there be no distress to be found or if the Officers neglect within twenty dayes to certifie the same Default to the Justices the Officers forfeit 40. Shillings to the use of the Poor to be levied by distress on their Goods by Warrant made to any indifferent person from any one or more Justices of the peace under their hand and seal and for want of distress the Justice may commit the offendors to the Gaol there to remain till they have payd the said Forfeitures In all these cases the Distresses are to be kept six dayes and if the parties do not pay the Forfeitures within that time then the Distress is to be apprized and sold and the overplus returned to the owners if any be 21 Jac. ch 7. Dalt J. P. ch 7. f. 28. If the Constable or other officer of the Parish neglect to serve the Justices Warrant against Townsmen or others for tipling in any Inn Alehouse or Victualing-house or against men for being drunk viz. for Tipling 3. s. 4d and for being Drunk 5. s. to be levied by distress on the Offendors goods and sale thereof after six dayes default of payment rendring the overplus to the Owner And for want of distress or not able to pay the Tipler is to sit in the Stocks four hours and the Drunkard six hours And if in any of these cases the Constable neglect to do his duty he forfeits Ten shillings to be levied by distress and sale of his goods to the use of the Poor These Offences are to be enquired after within Six moneths after they are committed and the Constables and other officers of the Parish may be charged upon their Oaths to present them Weights and Measures 8 H. 6. ch 5. All Cities Boroughs and market-Market-Towns in England ought to keep common Weights and Measures sealed at which the Inhabitants may weigh freely and all Foreiners must pay for every draught under forty Pounds one Farthing for a draught between forty and an hundred an Halspeny and for a draught between an hundred and a thousand one Penny wherewith the Weights
are to be maintained and the Officers which attend that service are to be rewarded at the discretion of the Inhabitants 8 H. 6. ch 5. 11 H. 7. ch 4. Every City which wants such Weights and Measures forfeits ten Pounds to the King every Borough five Pounds and every market-Market-Town forty Shillings And the chief Officers of such places upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings subjects taking for the marking of every Bushel one Penny and none ought to sell with any other Weights and Measures but such as are marked or sealed 11 H. 7. ch 4. The Mayors and chief officers in Cities c. are once every year at least to view all Measures and Weights in their Jurisdictions and to break or burn such as they find defective and to punish the offendors for the first offence 6. Shillings eight pence for the second 13. Shillings four pence and for the third offence 20. Shillings and besides may adjudge the offendors to the Pillory Purveyance 13 Car. 2. ch 8. The Clerk or chief officer of the Kings Carriages shall three dayes before His Majesties arrival by warrant from the Green-cloth give notice in writing to two Justices of the peace adjoyning to the place where His Majesty is to come to provide such a number of Carts and Carriages as the said Offcer shall need for that work and to express the time and place where the said Carts and Carriages are to attend and then these Justices are to require the Countrey to provide the number of Carts and carriages of four able Horses or four Oxen and two Horses a piece at six pence a mile for every mile they go laden to be payd them in hand at the place of Lading and no Carriage to be enforced to travel above One dayes journey from the place where they receive their lading and if any refuse or shall not be ready at the time and place and having not good cause to the contrary the Justices upon proof thereof by two witnesses or the oath of the Constable or other officer may by their warrant cause to be levied by distress and sale of the offendors goods 40. Shillings 13 Car. 2. chap. 8. If any Justice of peace or officer take any gist to spare any person from making such Carriage or shall press more Carriages than is directed from the Green-cloth the offendor forfeits Ten pounds to be recovered by any person by Action of Debt in any Court of Record 12 Car. 2. ch 24.13 Car. 2. ch 8. No pre-emption shall be allowed to the King His heirs or successors nor to the Queen or any of the Children of the Royal Family in market or out of market but all subjects may dispose of their goods as they please And if any person shall make any Purveyance or impress any Carriages otherwise than is appointed by 13 Car. 2. ch 8. by order from the Green-cloth or other things by colour of any authority of Purveyance for the King c. contrary to the Act 12 Car. 2. ch 24. then two or one Justice of the peace next adjoyning and the Constable of the place where such offence is committed upon complaint of the party grieved may send the offendor to the Gaol until the next Sessions there to be indicted for the same And the party grieved may have his Action against the offendor and therein shall recover treble Damages and treble Costs 14 Car. 2. ch 20. Two or more Justices of the peace by Warrant from the Lord High-Admiral of England or two or more of the principal Officers or Commissioners of the Navy or the Master of his Majesties Ordnance or the Lieutenant of His Ordnance are to provide Carriages with horses and oxen out of the Countrey not being above twelve miles distant from the place of Lading the owners of which Carriages or their servants are to receive Twelve pence a Mile for every Load of Timber and Eight pence a Mile for every Tun of other commodities And such persons as neglect or refuse to make their appearance upon oath thereof made before the Justices by the Constable or two witnesses the person refusing or neglecting forfeits Twenty shillings to be levied by distress and sale of his Goods by warrant from the said Justices Mayor or other chief Officer or from the principal Officers or Commissioners of His Majesties Navy or Master or Lieutenant of His Majesties Ordnance rendring to the owner the overplus if any be first deducting the charge of Distreining Stat. ibid. No Horses c. or Land-carriage shall be forced to travel more dayes-journey from the place where they receive their lading nor be compelled to continue longer in the employment than the said Justices shall appoint and that ready money be paid to the parties in hand at the place of Lading according to the Rates aforesaid The Act of 14 Car. ch 20. 13. cap. 8. are to continue until the end of the first Session of the next Parliament High-wayes 14 Car. 2. ch 6. The Churchwardens Constables or Tythingmen of every parish are upon Monday or Tuesday in Easter-week after notice given publickly in the Church the Sunday before after Morning prayer ended with the advice and consent of the major part of the Parish then present to chuse two or more sufficient Inhabitants of the place to be Surveyors for the High-wayes for the Year following and give notice thereof to the parties chosen in writing under pain of Five pounds This Act is to continue until the end of the first Session of the next Parliament 2 3 P. M. ch 8. The Churchwardens and Constables c. offending herein may be punished by Fine or Amerciament at the Quarter-Sessions by the discretion of the Justices Stat. ibid. P. M. 5 Eliz. ch 13. The Constables and Churchwardens are then also to appoint six dayes between that and the four and twentieth day of June for the Amendment of the High-wayes and to give publick notice thereof in the Church the next Sunday after Stat. idem Stewards in Leets have power to inquire after the breach of this Statute about High-wayes and to set Fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented Estreats thereof under their hands and seals viz. one part to the Bayliff or High-Constable of the Liberty and the other to the Constable and Churchwardens where the default was made Stat. idem In default of presentment thereof in Leets the Justices of peace may inquire thereof in their Sessions and set such Fines as they or any two of them whereof one must be of the Quorum shall think fit whereof the Clerk of the peace shall deliver indented Estreats in manner as is aforesaid Stat. idem Dalton J. P. ch 76. fol. 71. These Estreats of Stewards of Leets or Clerk of the peace shall be a sufficient Warrant for the Bayliff or chief Constable to levy the