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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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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