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A48475 The duty and office of high-constables of hundreds, petty-constables, tythingmen, and such inferior ministers of the peace with the several duties and offices of churchwardens, overseers, and collectors for the poor, of surveyors for amending the higheways, and distributors of the provision for the destruction of noysom fowl and vermin / first collected by William Lambard, in the reign of Q. Elizabeth ; and now enlarged with many useful additions according to the succeeding statutes by R. Turner ... Lambarde, William, 1536-1601.; Turner, R. 1671 (1671) Wing L215A; ESTC R41023 59,151 158

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are to be maintained and the Officers which attend that service are to be rewarded at the discretion of the Inhabitants 8 H. 6. ch 5. 11 H. 7. ch 4. Every City which wants such Weights and Measures forfeits ten Pounds to the King every Borough five Pounds and every Market-Town forty Shillings And the chief Officers of such places upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings subjects taking for the marking of every Bushel one Penny and none ought to sell with any other Weights and Measures but such as are marked or sealed 11 H. 7. ch 4. The Mayors and chief officers in Cities c. are once every year at least to view all Measures and Weights in their Jurisdictions and to break or burn such as they find defective and to punish the offendors for the first offence 6. Shillings eight pence for the second 13. Shillings four pence and for the third offence 20. Shillings and besides may adjudge the offendors to the Pillory Purveyance 13 Car. 2. ch 8. The Clerk or chief officer of the Kings Carriages shall three dayes before His Majesties arrival by warrant from the Green-cloth give notice in writing to two Justices of the peace adjoyning to the place where His Majesty is to come to provide such a number of Carts and Carriages as the said Offcer shall need for that work and to express the time and place where the said Carts and Carriages are to attend and then these Justices are to require the Countrey to provide the number of Carts and carriages of four able Horses or four Oxen and two Horses a piece at six pence a mile for every mile they go laden to be payd them in hand at the place of Lading and no Carriage to be enforced to travel above One dayes journey from the place where they receive their lading and if any refuse or shall not be ready at the time and place and having not good cause to the contrary the Justices upon proof thereof by two witnesses or the oath of the Constable or other officer may by their warrant cause to be levied by distress and sale of the offendors goods 40. Shillings 13 Car. 2. chap. 8. If any Justice of peace or officer take any gist to spare any person from making such Carriage or shall press more Carriages than is directed from the Green-cloth the offendor forfeits Ten pounds to be recovered by any person by Action of Debt in any Court of Record 12 Car. 2. ch 24.13 Car. 2. ch 8. No pre-emption shall be allowed to the King His heirs or successors nor to the Queen or any of the Children of the Royal Family in market or out of market but all subjects may dispose of their goods as they please And if any person shall make any Purveyance or impress any Carriages otherwise than is appointed by 13 Car. 2. ch 8. by order from the Green-cloth or other things by colour of any authority of Purveyance for the King c. contrary to the Act 12 Car. 2. ch 24. then two or one Justice of the peace next adjoyning and the Constable of the place where such offence is committed upon complaint of the party grieved may send the offendor to the Gaol until the next Sessions there to be indicted for the same And the party grieved may have his Action against the offendor and therein shall recover treble Damages and treble Costs 14 Car. 2. ch 20. Two or more Justices of the peace by Warrant from the Lord High-Admiral of England or two or more of the principal Officers or Commissioners of the Navy or the Master of his Majesties Ordnance or the Lieutenant of His Ordnance are to provide Carriages with horses and oxen out of the Countrey not being above twelve miles distant from the place of Lading the owners of which Carriages or their servants are to receive Twelve pence a Mile for every Load of Timber and Eight pence a Mile for every Tun of other commodities And such persons as neglect or refuse to make their appearance upon oath thereof made before the Justices by the Constable or two witnesses the person refusing or neglecting forfeits Twenty shillings to be levied by distress and sale of his Goods by warrant from the said Justices Mayor or other chief Officer or from the principal Officers or Commissioners of His Majesties Navy or Master or Lieutenant of His Majesties Ordnance rendring to the owner the overplus if any be first deducting the charge of Distreining Stat. ibid. No Horses c. or Land-carriage shall be forced to travel more dayes-journey from the place where they receive their lading nor be compelled to continue longer in the employment than the said Justices shall appoint and that ready money be paid to the parties in hand at the place of Lading according to the Rates aforesaid The Act of 14 Car. ch 20. 13. cap. 8. are to continue until the end of the first Session of the next Parliament High-wayes 14 Car. 2. ch 6. The Churchwardens Constables or Tythingmen of every parish are upon Monday or Tuesday in Easter-week after notice given publickly in the Church the Sunday before after Morning prayer ended with the advice and consent of the major part of the Parish then present to chuse two or more sufficient Inhabitants of the place to be Surveyors for the High-wayes for the Year following and give notice thereof to the parties chosen in writing under pain of Five pounds This Act is to continue until the end of the first Session of the next Parliament 2 3 P. M. ch 8. The Churchwardens and Constables c. offending herein may be punished by Fine or Amerciament at the Quarter-Sessions by the discretion of the Justices Stat. ibid. P. M. 5 Eliz. ch 13. The Constables and Churchwardens are then also to appoint six dayes between that and the four and twentieth day of June for the Amendment of the High-wayes and to give publick notice thereof in the Church the next Sunday after Stat. idem Stewards in Leets have power to inquire after the breach of this Statute about High-wayes and to set Fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented Estreats thereof under their hands and seals viz. one part to the Bayliff or High-Constable of the Liberty and the other to the Constable and Churchwardens where the default was made Stat. idem In default of presentment thereof in Leets the Justices of peace may inquire thereof in their Sessions and set such Fines as they or any two of them whereof one must be of the Quorum shall think fit whereof the Clerk of the peace shall deliver indented Estreats in manner as is aforesaid Stat. idem Dalton J. P. ch 76. fol. 71. These Estreats of Stewards of Leets or Clerk of the peace shall be a sufficient Warrant for the Bayliff or chief Constable to levy the
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-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
and in case of resistance break open the doors chests trunks and other package there to seize and from thence to bring any kind of goods or Merchandize whatsoever prohibited and uncustomed and to put and secure the same in His Majesties Storehouse in the Port next to such place where the seizure shall be made Idem All Officers belonging to the Admiralty Chaplains and Commanders of Ships Forts Castles and Blockhouses and all Justices of peace Mayors Sheriffs Constables and Headboroughs and other the Kings officers and subjects whatsoever whom it may concern are to be aiding and assisting to all and every person and persons which are or shall be appointed by His Majesty to manage his Customs and if the Officers of the Customs or any acting in ayd of them shall be sued indicted prosecuted or molested such persons their Heirs Executors and Administrators may plead the general issue and give the several Acts relating to the Customs or any of them in evidence 4. Excise 12 Car. 2. ch 23 24. Gagers employed by the Commissioners of Excise are to take the Constable with them when they enter by night into any house to Gage their Coppers Fatts or vessels or to take an account of their Liquors made brewed or distilled in their Houses Idem Such persons as shall be convicted before the Justices of peace or Commissioners of Excise of any offence and forfeiture within the Acts of Excise the Constables by warrant from the Justices of peace are to levy the Penalties upon the goods of the offendors by distress and sale thereof rendring the overplus and for want of distress they are to convey the offendors to the Gaol there to remain until satisfaction be made And the Constables upon warrant are to summon Alehouse-keepers c. to appear before the Commissioners at such places and times as shall be appointed in the Warrants CHAP. IX Concerning disturbing of Ministers Swearing Recusants Conventicles 1. Disturbing of Ministers 1 Mar. Sess 3. ch 3. Wingate's Stat. tit Sacraments Dalt J. P. ch 41. fol. 103. If any person purposely without Authority disturb a Preacher lawfully Licensed in preaching praying or administration of the Sacraments either by talking laughing humming or the like any Constable or Churchwarden of the place ought presently to apprehend the party carry him before a Justice of the peace of the same County who may commit him to safe custody and within six dayes after with another Justice of the peace they may examine the matter And if they find it true by two Witnesses they must commit him to the common Gaol there to remain for three Months and from thence to the next Quarter-Sessions at which upon the parties reconciliation and entring into security for one whole Year he may be released at the discretion of the Justices but if he continue still in his obstinacy he must continue in Prison without bayl till he be penitent Idem He that Rescues an offendor in this kind shall suffer like Imprisonment and forfeit Five pounds and the Inhabitants that suffer such an offendor to escape being presented before the Justices at their Sessions of the County or Corporation where the offence was made do also forfeit Five pounds 2. Prophane Swearing 21 Jac. ch 20. 3 Car. 1. ch 4. If any person shall prophanely Curse or Swear they forfeit Twelve pence for every time so offending the offence must be presented within Twenty dayes and proved by two Witnesses or confession of the party before a Justice of peace or Head-officer of a City or Town-corporate who may thereupon issue out their Warrant to the Constables Church-wardens and Overseers of the poor of the Parish where the offence was committed to levy the Forfeitures by distress and sale of the offendors Goods rendring the overplus to the owner if any be Idem Where no Distress can be found the offendor if above Twelve years of age shall by warrant from a Justice c. be set in the Stocks three whole Hours But if the offendor be under Twelve years of age and do not forthwith pay the forfeiture of Twelve pence per Oath then must such offendor be whipped by the Constable or by the Parent or Master in the presence of the Constable 3. Recusants 3 Jac. ch 4. The Constables and Churchwardens of every Parish or one of them or High-Constable of the Hundred are once a year to present at the Sessions of the Peace the Monthly absence from the Church of all Recusants and their Children above Nine years old and their Servants on pain to forfeit for every such default respectively Twenty shillings which Presentment the Clerk of the Peace or Town-Clerk is to Enroll without fee on pain of Forty shillings 7 Jac. 6. If the Minister Churchwardens or Constable of any parish or any two of them shall complain to any Justice of the peace of any person suspected for Recusancy then any such Justice may tender the Oath of Supremacy to the person suspected and if he refuse to take it the Justice may commit the party to the Gaol there to remain until the next Assizes or Sessions of the Peace And then if the party refuse again he is in Praemunire but if it be a Feme-covert she shall only be imprisoned there to remain without Bayl until she will take the said Oath 4. Conventicles 16 Car. 2. ch 4. If any Constable Headborough or Tythingman neglect to execute the Warrants to them directed for Sequestring distraining and selling the Estate or goods of any seditious Conventicler to be transported or neglect to distrain and sell the goods and chattels of such offendor for the levying of such summs of money as shall be imposed upon them for the first and second offence in such cases the officer so offending for his neglect shall forfeit Five pounds the one moiety to the King the other moiety to him that will sue for the same in any of His Majesties Courts of Record 16 Car. 2. cap. 4. If any person be at any time sued for putting in execution any of the powers in the Act against seditious Conventicles such person shall and may plead the general issue and give the special matter in evidence and if the Plaintiff be nonsuit or a verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon demurrer Judgement be given for the Defendant every such Defendant shall have his or their treble Costs 22 Car. 2. ch If any person of the age of Sixteen years and upwards being a subject of this Realm after the Tenth of May 1670. shall be present at any Assembly Conventicle or Meeting under colour of Religion in other manner than according to the Liturgy of the Church of England in England Wales or Berwick upon Tweed at which Conventicle there shall be Five persons or more over and besides those of the same Houshold if in a house where a Family is residing or if in a House Field or place where no Family inhabits