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
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
Borsholders Tything-men Numb 1 Borow heads Head-borowes Third-borowes and Lamb. in the Duty of Constables f. 6. Chief-pledges hath two severall Offices at this day the one being his Ancient and first Office and the other his later made Office his first Office began thus By the ancient Lawes of this Nation before the comming in of King William the Conqueror it was ordained for the more sure keeping of the Peace and for the better repressing of Theeves and Robbers That all free born men should cast themselves into severall Companies by ten in each Company and that every of those ten men of the Company should be surety and pledge for the forth-coming of his fellowes so that if any harm were done by any of these ten against the Peace then the rest of the ten should be amerced if he of their Company that did the harm should flie and were not forth-coming to answer to that wherewith he should be charged and for this cause these Companies be yet in some places of England called Boroes of the word Borhes Pledges or Sureties albeit in the Western parts of this Nation they be commonly named Tythings because they contain the number of ten men with their families and even as ten times ten doe make an hundred so because it was then also appointed that ten of these Companies should at certain times meet together for the matters of greater weight therefore that generall Assembly or Court was and yet is called a Hundred And it was then also ordained That if any man were of so evill credit that he could not get himself to be received into one of these Tythings or Boroes then he should be shut up in prison as a man unworthy to live at liberty amongst men abroad and whereas every of these Tythings or Boroes did use to make choice of one man amongst themselves to speak and to doe in the name of them all he was therefore in some places called the Tything-man in other places the Boroes-Elder now called Borsholder in some places in other places the Boroe-Head or Head-Borow and in some other places the Chief-Pledg which last name doth expound the other three that are next before it For Head or Elder of the Boroes and Chief of the Pledges are all one and in some Shires where every Third-Borow hath a Constable there the Officers of the other two are called Third-Borowes Moreover in these Tythings or Boroes sundry good orders were observed and amongst others First That every man of the age of twelve yeers should be sworn to the King Then that no man should be suffered to dwell in any Town or place unlesse he were also received into some Suretyship and Pledge as is aforesaid And that if any of these Pledges were imprisoned for his offence then he ought not to be delivered without the assent of the rest of his Pledges Again That no man might reâ—ove out of one Tything or Boroe to dwell in another without lawfull Warrant in that behalf Lastly That every of these Pledges should yeerly be presented and brought forth by their Chief-Pledg at a generall Assembly for that purpose which at this day is called The view of Frank Pledg And of this ancient Office there is yet some shew in our Leets or Law dayes and well were it for us if the very substance thereof were throughly performed at this day The latter Office of these Officers is in manner all one with the Office of a Petty-Constable Secondly some things these Officers are to Numb 2 doe in their Office they are to doe Ex Officio and by the duties of their places without any command from others and for other they must doe them by command from others and without this they need not doe it not can they justifie the doing thereof Thirdly Some Numb 3 part of their Offices are derived from the ancient Common-Law and other parts from certain Acts of Parliament newly made whereby they are further enabled or charged than they were before by the Common-Law Fourthly Numb 4 The Office of the Petty-Constable and High-Constable is one and the same for most things only the High-Constable is over all the Hundred and the power of the other is only in his Parish or Tything Fiftly That whatsoever the Numb 5 Law doth require of these Officers by the duty of their place that it doth give them authority Daltons J. P. 28. 296. Fitz. Just. P. 30. Lamb. Just of Peace 240. to doe and whatsoever the Law doth give them authority to doe that for the most part the Law doth enjoyn them by the duty of their place to doe Sixtly Whatsoâ—â—er any other man may doe in those things whereabout the Numb 6 Office of a Constable is conversant the Constable What every man may doe in the Constables Office may much more doe And therefore a Constable may without doubt part Affrayors or keep them asunder in a Room of his own or of another mans house for a time to prevent mischief And if he see one coming with a weapon drawn or the like intending to take part in the Affray he may lay hands on him and stay him and he may Arrest or Imprison one he Arrest doth know or suspect to have committed a Fellony Fellons or one that is apparently about to commit a Felony or one that hath dangerously wounded another or night-walkers that are Nightwalkers dangerously suspicious or one that keepeth or useth any Gunne c. contrary to the Statute or the like for in all these cases any other private man that is no Officer may doe the same and justifie it Seventhly That Numb 7 which shall be said of one of these Officers must regularly be understood of all the rest except it be in the cases wherein the office of the High-Constable of the Hundred and of the head Constable of a Town are in some few things singular So that as the Constable of a Parish is to labor to keep the Peace suppresse Fellons execute the Justice of Peace his Warrant and the like So is the Tythingman Borsholder Borohead Thirdborow and chief Pledge of a Parish to doe the same and this Officer where he is called by this name within his Precinct hath the same authority in all things as the Constable hath within his Precinct Eighthly Numb 8 All the cases herein set down touching the office and duty of these Officers must be so understood as to give them authority to charge them within their own limits and precincts only and no farther for howsoever these Officers are bound to look to the Peace to suppress Fellons execute the Justices warrants and the like yet all this is to be understood within their own Hundreds Parishes anâ— Tythings only within which only they have authority and power except it be in some speciall cases shewed after for out of the Compass of their Hundreds Tythings and Parishes they have no more authority than a private man neither are they