which see before in the case of Pre-emption 14. Car. 2. Ch. 20. Note that this Act of the 14. Car. and the 13. Car. Ch. 8. stand upon continuance till the end of the first Session of the next Parliament CHAP. XXX The Constables Office about Quarter Monies for Maimed Souldiers Prisoners c. THe Constables and Churchwardens are to levy by Distress and Sale of the offenders Goods such mony as is rated upon any person within their Constablery for the Relief of poor maimed Souldiers and Maâ—iners rendring the overplus to the owner 43. Eliz. 3. Wingate's Stat. Tit. Captains and Souldiers 14. Car. 2. Ch. 9. And this Mony so collected is to be paid quarterly to the High Constable of the Hundred Ten days before every Quarter Sessions or else the Constable and Churchwardens their Executors c. forfeit Twenty shillings And the High Constable is to pay in the Collection Mony to the Treasurers appointed by the Justices every Quarter Sessions or otherwise he his Executors c. forfeits Forty shillings which foreitures are to be levyed and imployed by the Treasurers for the encrease of their Stock for the uses aforesaid 43. El. Ch. 3. 14. Car. 2. Ch. 9. Wingate's Stat. Tit. Captains and Souldiers The High Constables are to make Quarterly payment at every Sessions unto the Collectors appointed by the Justices of all such Sums of Mony as are raised in every Parish and paid to them by the Churchwardens or Constables for the Relief of the poor Prisoners in the Gaol under pain of Five pounds 14. Eliz. Ch. Wingate's Stat. Tit Prison and Prisoners The Constables and Churwardens are to levy by Distress and Sale of the offenders Goods so much Mony as is rated upon any person within their Parish for the Relief of the Prisoners in the Kings Bench and Marshalsey and also of Hospitals and Almshouses and relief of the Poor within their County rendring the overplus to the owner and for want of such distress the Justice of Peace may commit the party to Prison there to abide till it be paid without Bail or Mainprize which Mony the Churchwardens are to pay to the High Constable Ten days before the end of euery Quarter Sessions and if the Churchwardens their Executors c. fail to pay this Mony they forfeit Ten shillings and if the High Constable his Executors c. fail to pay the Treasurers of the County the same mony at the Quarter Sessions they forfeit Twenty shillings which Forfeitures the Treasurers may levy by Distress and Sale as aforesaid and the Monies to be imployed to the uses aforesaid 43. Eliz. Ch. 2. Wingate's Stat. Tit. Poor People Dalt J. P. Ch. 53. fo 135. CHAP. XXXI The Constables Office about Popish Recusants POpish Recusants above Sixteen years of Age shall within Forty days after their convâ—ction repair to their usual dwelling and not remove above Five miles from thence in pain to forfeit all their Goods and Lands and Annuities during Lâ—fe and if they have no certain abode then are they to repair to the place where they weâ—e born or where their Father and Mother dwells and within Twenty days after their arrival there to give their Names in writing to the Minister Constables and Headboroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headboroughs are to certifie the same to the next Quarter Sessions where the Justices of Peace must cause the same to be inrolled 35. Eliz. Ch. 2. Wingate's Stat. Tit. Crown The Constables and Churchwardens of every Parish or the one of them or if there be none such then the High Constables of the Hundred there are once every year to present at the General Sessions of the Peace the monthly absence from Church of every Popish Recusant and their children being above the age of nine years and their Servants together with the age of their Children as near as they can know them in pain to forfeit respectively for every such default Twenty shillings which presentment the Clerk of the Peace or Town Clerk shall Record without Fee in pain of Forty shillings Wingate's Stat. Tit. Crown 3. Jac. Ch. 4. If the Minister petty Constable or Churchwardens of any Parish or any two of them shall complain to any Justice of 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 then the Justice may commit the party to the Gaol there to remain until the next Assizes or Sessions of the Peace and if then the party refuse again â—e incuâ—â—â— Praemunire but if it be a Woman Covert she shall only be imprisoned there to remain without Bayl till 〈◊〉 â—ake the said Oath Wingate's Stat. Tit. Crown Dalt J. P. Ch. 45. fo 10◠〈◊〉 Ch. 6. CHAP. XXXII The Constables Office about Riots and Routs SHeriffs Constables and all other the Kings Officers shall suppress Rioters and imprison them and all other offenders against the Peace Wingate's Stat. Tit. Riots c. 27. R. 2. Ch. 8. Knights and all other Temporal persons under that degree that be above the Age of Fifteen years and be able to Travel upon warning given are to be assistant to the Justices when they shall be reasonably requested to suppress Riots on pain of imprisonment and to make Ransom to the King 2. H. 5. 8. Wingate's Stat. Tit. Riots c. Dalt J. P. Ch. 46. fo 114. Note where three persons or more shall come or assemble themselves together to the intent to do any unlawful Act with force or violence against the person of another his Possessions or Goods as to kill beat or otherwise to hurt or to imprison a Man to pull down an House Wall Pale Hedge or Ditch wrongfully to enteâ— upon or into another mans Possession House or Lands c. or to cut or take away Corn Grass Wood or other Goods wrongfully or to hunt unlawfully in any Park or Warren or to do any other unlawful act with force or violence against the Peace or to the manifest terrour of the people if they only meet to such a purpose or intent although they shall after depart of their own accord without acting any thing yet this is an unlawful Assembly because of their intention at the first Bro. Tit. Riot 4. 5. Cromp. 68. Co. 3. Part. Inst fo 176. Dalt J. P. Ch. 85. fo 217. Termes de Ley verb. Rout. Lamb. 179. 181. If after such meeting as aforesaid they shall ride go or move forward towards the execution of such Act whether they put their intended purpose in execution or not this is a Rout. Bro. Riot 4. Co. 3. Part. Inst fo 176. Termes de Ley verb. Rout. Dalt J. P. Ch. 85. fo 217. And if they do any such thing indeed then it is a Riot Co. 3. Part. Inst fo 176. Termes de Ley verb. Riot Dalt J. P. Ch. 85. fo 217.
Mask Wake Church-Ale Dancing Games Sport or pastime whatsoever they forfeit Five shillings if he or she be above Fourteen years of Age and if under that Age then Twelve pence by him that hath the government of the party to be levyed by Sale and Distress by the Constable by Warrant from a Justice of Peace or chief Officer as aforesaid and for want of Distress to be set Three hours in the Stocks and every Carrier going with his Horses on this day or Wagoner Carter or Waynman going with any Wagon Cart or Wayn or Drover with his Cattel forfeit Twenty shillings for every offence to be levyed also by Distress and Sale of his Goods if he be questioned within Six weeks after the offence done but there must be but one Twenty shillings forfeited for one Journey although they pass through several Parishes and this Twenty shillings that Parish shall have where the Distress is first taken 3. Car. 1. Ch. 1. Dalt Ch. 50. fo 134. And if any Butcher by himself or any for him shall kill or sell any Victuals upon the Lords day he forfeits Six shillings and Eight pence to be levyed by the Constable by Distress and Sale as aforesaid upon Warrant from a Justice of Peace c. the offence to be questioned within Six weeks after it is committed and the parties to be convicted before any Justice of Peace Maior or head Officer c. upon their own view proof of Two Witnesses or more or the parties own confession and the Justice Maior c. may reward the Informer with a Third part of the penalty 3. Car. 1. Ch. 1. Dalt J. P. Ch. 50. fo 134. CHAP. XXXVI The Constables Office about Tobacco Planting ALl Sheriffs Justices of Peace Maiors Bayliffs Constables and every of them upon Information or Complaint made to them or any of them by any of the Officers of the Customs or by any other person or persons whatsoever that there is any Tobacco set sown planted or growing within their Jurisdictions or Precincts except such as is growing in any Physick Garden of either University or in any other private Garden where the quantity of ground planted exceeds not one half of one Pole in any one place or Garden they are within Ten days after such Information or Complaint to cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sown planted or growing 12. Car. 2. Ch. 34. And if any person or persons shall resist or make forceable opposition against any person or persons in the due execution of this Office as abovesaid every person or persons for every such offence shall forfeit the sum of Five pounds to be recovered in any Court of Record and be also committed to the common Gaol of the County where the offence was committed there to remain without Bayl or Mainprize until he she or they do enter into Recognizance to his Majesty his Heirs and Successors with Two sufficient Sureties in Ten pounds penalty not to do or commit the like offence again 12. Car. 2. Ch. 34. 15. Car. 2. Ch. 7. CHAP. XXXVII The Constables Office about Weights and Measures EVery City Borough and Market Town within England ought to have common Weights and Measures sealed at which the Inhabitants themselves may freely weigh and all Forreiners must pay for every Draught under 40. pound a Farthing for a Draught between Forty and an Hundred must pay an half Peny and for a Draught betwixt an Hundred and a Thousand they must pay a peny wherewith the Weights are to be maintained and the Officers which attend that Service are to be rewarded at the discretion of the said Inhabitants 8. H. 6. Ch. 5. Wing Stat. Tit. Weights and Measures 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 whether they be Constables Bayliffs or others are upon Request to them made to mark and sign such Weights and Measures to any of the Kings Subjects taking for the marking of every Bushel one peny and none ought to sell with any other Weights or Measures but such as are so marked 8. H. 6. Ch. 5. 11. H. 7. Ch. 4. Wingate's Stat. Tit. Weights and Measures Maiors and chief Officers are c. are at least once every year to view all Measures and Weights within their Jurisdiction and break or burn them which they find defective and also may inflict punishment upon the Offenders for the first offence Six shillings Eight pence for the second Thirteen shillings and Four pence and for the third offence Twenty shillings and besides may adjudge them to the Pillory Wingate's Stat. Tit. Weights and Measures 11. H. 7. Ch. 4. CHAP. XXXVIII The Constables Office about Watches THe Constables c. of every Town are to cause Night Watch to be kept from Ascension till Michaelmas in their Towns which Watch must continue from Sun set to Sun rise and may be by two or four men according to the greatness of the Town 13. E. 1. Ch. 4. Dalt J. P. Ch. 60. fo 140. Poul Watch. 1. These Watchmen are to apprehend all Strangers that pass by them in the Night and must examine them and if they find cause of suspicion in them then they may keep them till the Morning and if the parties refuse to obey the Arrest then the Watchmen may levy Hue and Cry for the taking of the said Night-walkers or the Watchmen may justifie the beating of them upon their resistance and set them in the Stocks till the morning and then if no suspicion be found in the parties they may let them go quit but if they find suspicion in them then the Watchmen may deliver them to the Constable who is to convey them to a Justice of Peace to be examined and to be bound over or committed until they be acquitted according to due form of Law Dalt J. P. Ch. 60. fo 140. Ch. 109. fo 292. 5. E. 3. 14. 5. H. 7. 5. a. Lamb. Office Const These Watchmen are also to apprehend Rogues and Vagabonds Night-walkers Evesdroppers Scouts and such like and such as go armed c. And note that these particulars following have been held for Law concerning Watches First That the Watch must be by men of able body and sufficiently armed and that no man is compellable to watch except â—â—e be an Inhabitant within the same Town Secondly That such as are Inhabitants within the Town are not compellable to watch at the will of the Constable but only when their turn cometh according to the use and custom of the place which most commonly is by turn or house Thirdly If a man who is compellable to watch shall contemptuously refuse to watch upon the command of the Constable it hath been held by some that the Constable in such case ex Officio may set the party in the Stocks for his contempt but the safest way is for
upon pain of 12 d. for every default 14. Car. 2. Ch. 2. 43. Every Justice of either Bench Barons of the Exchequer or Justices of Peace in the places aforesaid within their several Limits may upon their own knowledge or view confession of the Party or proof of one Witness upon Oath convict any person c. of the offences aforesaid whereby they shall incur the penalties aforesaid one moiety to the repairing and cleansing of the Street c. the other to the Discover but in case the Justice himself convict the party upon knowledge or view of himself then all the penalty is to be imployed for the repairing of the Street or place where the offender lives And these Forfeitures are to be levyed by Distress and Sale of the Offenders Goods by Warrant under the Hand and Seal of any such Justice c. rendring the overplus to the party and for Default of Distress or Non-payment within six days after demand or notice in writing left at the offenders dwelling house by the Constable or other Officer the offender not being a Peer of the Realm may by such Justice be committed to the Common Gaol there to remain till payment 14. Car. 2. Ch. 2. 44. Within London and the Liberties thereof the Scavengers Rakers and such like Officers are to be elected and such payments made by the Parishioners to them for cleansing the Streets as hath been used by custom and in Westminster also they are to observe their customs for Election and Payments as aforesaid and in all other Parishes and places upon every Tuesday or Wednesday in Easter week the Constables Churchwardens and Overseers of the Poor and Surveyors of the High-ways of every Parish aforesaid giving notice or calling together the Inhabitants of the Parish that have born such Office they or the greater number of them shall appoint Two Tradesmen of their Parishes to be Scavengers for the Streets c. of each Ward for that year following which persons being appointed and confirmed under the hands of two Justices of Peace within their Limits c. are within seven days after to take the Office upon them on pain of twenty pounds upon every Refuser and if after this others be chosen and refuse as aforesaid they are to suffer the like penalty which penalties are to go towards the repairing of the Streets of the Parish where c. to be levyed by Distress and Sale of the Offenders Goods by Warrant from any Justice of Peace within the limits c. directed to the Constables or other Officers or â—â—â— two of them rendring the overplus to the owners and for want of Distress or Non-payment six days after demand the Offenders to be committed by any such Justice to the Common Gaol there to remain till payment 14. Car. 2. Ch. 2. 45. Within twenty days after Election and Confirmation as aforesaid the Constables and other Officers and Inhabitants as aforesaid or the greater number of them shall set a Rate according to the pound Rate to be imposed upon the Inhabitants of the Parish Ward c. for the year following which being allowed and confirmed by two Justices of the Peace of the place aforesaid respectively shall be yearly paid by every Inhabitant upon demand thereof by the Beadle of the Parish or other Officer appointed to collect the same and in case of refusal two such Justices may grant their Warrant to levy the same by Distress and Sale and for want of Distress to imprison the offender as aforesaid not being a Peer of the Realm till payment be made 14. Car. 2. Ch. 2. 46. The Rakers and Scavengers eveâ—â— day in the week except Sundays and Holydays must bring Carts Dung-pots or other fitting Carriages into the Streets within their respective Wards Parishes and Divisions where such Carts c. can pass and at and before their approach by a Bell Clapper or otherwise shall make a loud noise and give notice of their coming and so into every Court c. where Carts cannot pass and abide and stay there a convenient time that all persons concerned may bring forth their respective Dust Ashes c. to the said Carts all which the said Rakers and Scavengers shall carry away on pain of 40 shillings for every offence and neglect respectively 14. Car. 2. Chap. 2. CHAP. V. Some Particulars gathered out of the Acts 15. Car. 2. Ch. 1. 16 17. Car. 2. Ch. 10. about the repair of the High-ways in the Northern Post Road from London to York c. 47. FOr the amendment of the ancient High-way and Post-road leading from London for many miles in the County of Hertford Cambridge and Huntington to York and so into Scotland and likewise from London into Lincolnshire and from the City of Norwich Sâ— Edmunds-Bury and the Town of Cambridge to London and from London to Newmarket and so into Norsolk and Suffolk beginning at Puckridge in Hertfordshire and so to Barley in the same County it is provided as followeth 48. The Justices of Peace at their Easter Sessions yearly for the respective Counties aforesaid from time to time are to nominate and appoint nine sufficient able persons residing and inhabiting within the said several Counties to be Surveyors of the several places in the ways aforesaid for the year then next following the Justices for the County of Hertford to appoint the Surveyors for the â—â—gh-way lying in the several Towns and Parishes within the said County and Justices for the Counties of Cambridge and Huntington respectively to do the like and the Justices and these Officers are not to meddle out of their respective Counties After the choyce of the Surveyors the Justices are to give them notice in writing and if they neglect or refuse the Office the Justices at their Sessions may set any Fine under 10 pounds upon every such person so refusing or neglecting and in case any one so chosen shall die or shall be discharged of his Office then any two or more Justices of the County near to the High-way and places may appoint some other fit person in his place and give him notice thereof under their Hands and Seals and if he refuse or neglect it then to be under the same penalty as the Refusers of them that were first elected 15. Car. 2. Ch. 1. 49. The Surveyors within a week after noâ—ice given them of the râ— choyce having no lâ—wful impediment to beallowed by the Justices that do choose them are to meet in each of their Counties respectively in some convenient place of each County appointed by the Justices at their Quarter Sessions to veiw and survey the same ways and to consider what Reparations shall be needful and they are in each County to provide Stones Gravel and other materials and necessaries for the work 15. Car. 2. Ch. 1. 50. Any three of these Surveyors for each County being met together as aforesaid with the approbation of two or more Justices of the County living near to the
for want of Distress the Delinquents by any such Justice of the Peace may be committed to the Gaol there to remain until they have paid the same forfeitures but note the distresses in all these cases must be kept six days and if the parties do not within that time pay the forfeitures then the distress is to be apprized and sold and the overplus returned to the owners Wingate Abr. Stat. Title Alehouses c. 1. Jac. Ch. 9. 1. Car. 1. Ch. 4. Dalton's J. P. Chap. 7. fol. 28. Young's Vade Mecum Sect. 1 2 3. And if the Constable or other inferious Officer of the Parish shall neglect to execute the Justice Warrant against Townsmen or others for Tipling in any Inn Alehouse or Victualling house or against men for being drunk that is 3 s. 4 d. for Tipling and 5 s. for being drunk to be levied by distress on the offenders Goods and sale thereof after six days default of payment rendring the overplus to the owner and for want of distress and not being able to pay the Tipler is to be set in the Stocks for the space of 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 the use of the Poor to be levyed upon his Goods by distress and sale as aforesaid these offences are to be inquired of within six months after they are committed And all Constables Churchwardens Headburroughs Tythingmen Alecunners and Sidemen may be charged on their Oaths to present the said Offences 4. Jac. Ch. 5. 21. Jac. ch 7. Young's Vade Mecum Sect. 4 5. Dalt J. P. Chap. 7. fol. 28. Wingates Abr. Stat. Title Alehouses c. If any keep an Alehouse without Licence he forfeits Twenty shillings to the use of the Poor which the Constable and Churchwardens upon Warrant from the Justice before whom the offence is proved shall levy by distress upon the Offenders Goods and for default of payment within three days after the said distress taken then the same is to be sold for to satisfie the penalty rendring the overplus to the owner and in case the Delinquent hath not wherewithal to satisfie the said Justice may commit him to the Constable to be openly whipped and if the Constable neglect to execute the Warrant or do refuse or do not execute upon the said Offender the punishment of whipping then the Justice may commit the Constable to the Gaol without Bail there to remain until the said offender shall be by him punished as aforesaid or until the Constable shall pay 40 s. to the use of the Poor of the Parish 3. Cap. Chap. 3. Wingate Alr. Stat. Tit. Alehouses c. Dalton's J. P. Ch. 7. fol. 31 32. If a common Innkeeper or Alehouse-keeper will not lodge a Traveller he proferring to pay ready money for his Victuals then in such case the Constable may cause such Innkeeper Alehouse-keeper c. 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 Innkeeper or Alehousekeeper but note they are not bound to lodge or find Victuals without ready mony first paid if it be required Co. 9. Lib. Rep. fol. 87. b. 10. H. 7 8. 4. H. 7. 22. 5. E. 4. 2. Dalton's J. P. Ch. 7. fol. 28. CHAP. IV. The Constables Office about Arms c. IF any person shall ride or go armed offensively before the Kings Justices or before any other the Kings Officers or Ministers during their Office or in Fairs or Markets or elsewhere by Night or by Day in Affray of the Kings People and breach of the Peace or wear or carry any Guns Daggers or Pistols charged in such case the Constable upon the sight hereof may seiz and take away their Armour and other weapons and cause them to be apprized and answered to the King as forfeited and carry them before a Justice to find Sureties for the Peace 2. E. 3. Ch. 3. 7. R. 2. 13. 20. R. 2. Ch. 1. 14. E 3. fol. 33. Co. 3. Part. Inst fol. 162. Dalt J. P. Ch. 9 fol. 35. 159. But note 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 the execution of their Office and all others in pursuing Hue and Cry where any Felony or other offences aâ—ainst the Peace be done may lawfully bear Armour or Weapons 2. E. 3. Chap. 3. Co. 5. Lib. Rep. fol. 72. in St. John's Case 3. H. 7. fol. 1. Dalt J. P. Ch. 9. fol. 36. All High Constables Petty Constables and other Officers within their several Parishes are to be aiding and assisting to such persons as shall have warrant from the Lord Lieutenants or any two of their Deputies under their Hands and Seals to search for and seiz all Arms in the custody and possession of any person or persons whom the said Lieutenants 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 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 Lieutenant or one of the Deputy Lieutenants 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 Lieutenants or their Deputies or any two of them think may be restored to the owners again 14. Car. 2. Chap. 3. CHAP. V. The Constables Office about Forein Bone-Laces Cut-work Imbroidery c. THe Constables upon Warrant to them directed from the Justices of Peace or cheif Officers of the Cities Towns Corporate c. are to search within their respective Counties Cities Towns c. 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 Imbroideries Fringes Bandstrings Buttons or Needleworks 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 14. Car. 2. Chap. 13. CHAP. VI. The Constables Office about Irish Cattel IF any great Cattel Sheep or Swine or any Beef Pork or Bacon except such as is for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale shall by any wise whatsoever be imported or brought from Ireland or any other part beyond the Seas
not within such time as the Justice appoints produce the party of whom he bought it or some other credible witness to depose upon Oath such sale of the said Wood c. then such person shall be deemed convicted of the cutting and spoiling Wood c. within the meaning of the Statute of 43. Eliz. aforesaid and for the first offence if they do not give the owner such satisfaction and within such time as the Justice shall appoint and pay over and above down presently to the use of the Poor of the place where the offence is committed such a sum of money as the Justice shall appoint not exceeding ten shillings then the Justice may commit the party offending to the House of Correction for so long time not exceeding one Month as he shall think meet or otherwise to be whipped by the Constable or other Officer and if such person offend again and be convicted as before then he must be sent to the House of Correction for one month and there held to hard labour and if he offend the third time and be convicted then he must be used as an incorrigible Rogue 15. Car. 2. Ch. 2. And if any person buy any burthens of Wood Poles Sticks Underwood c. of any who may justly be suspected to have stoln or unlawfully come by the same then upon complaint to a Justice of Peace Head Officer c. if upon examination by Oath c. he find that the same were bought of such person as aforesaid then the Justice may order the party that bought the same to pay the Trebble value of the Wood c. to the party from whom they were stoln or unlawfully taken and in default of present payment the Justice may issue out his Warrant to the Constable to levy the same by distress and sale of the offenders Goods rendring the overplus to the owner and for lack of such distress then to commit the party to the Gaol at his own charge there to remain one month without Bayl. 15. Car. 2. Ch. 2. Note that none is to be punished by this Law who hath been punished by a former Law for the same offence nor is any to be questioned for any offence within this Statute unless it be within six weeks after the offence committed 15. Car. 2. Ch. 2. CHAP. XVII The Constables Office about High-ways THe Churchwardens and Constables or Tythingmen of every Parish are upon the Monday or Tuesday in Easter week afternotice given publickly in the Church the Sabbath day before after Morning Prayer ended with the advice and consent of the major part of the Parish then present to choose two or more of the sufficient Inhabitants of the place to be Surveyors or Supra-visors for their High-ways for the next year and give notice thereof to the parties chosen in writing under pain of five pounds to be forfeited by the same Constable Churchwardens and Parish by the Stat. 14. Car. 2. Ch. 6. which Statute is to continue till the end of the first Sessions of the next Parliament or they may be punished by Fine or Amerciament in the Quarter Sessions by the discretion of the Justices 2. 3. P. M. Ch. 8. The Constables and Churchwardens are then also to appoint Six days betwixt that and the Four and Twentieth day of June for the amendment of the High-ways and to give publick notice thereof in the Church the next Sunday after 2. 3. P. M. Ch. 8. 5. Eliz. Ch. 13. Stewards in Leets have power to enquire after the breach of the Act of the 2. 3. P. M. about High-ways 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 thereof to the Bayliffe or High Constable of the Liberty and the other to the Constable and Churchwardens of the Parish where the default was made 2. 3. P. M. Ch. 8. And in default of presentment thereof in Leets the Justices of Peace in the Sessions shall enquire thereof and set such Fines as they or two of them quor unus shall think fit whereof the Clerk of the Peace shall deliver Indented Estreats under his Hand and Seal within six weeks of Michaelmas in like sort as aforesaid 2. 3. P. M. Ch. 8. And these Estreats of the Stewards of Leets or Clerk of the Peace shall be a sufficient Warrant for the Bayliff or chief Constable 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 days after lawful demand thereof he or they shall forfeit double so much all which Fines and Forfeitures shall be bestowed by the Constable and Churchwardens on the High-ways in the same Parish 2. 3. P. M. Ch. 8. Dalt J. P. Ch. 26. fo 71. And the Bayliffe or High Constable is yearly between the first of March and last of April to render unto the Constable and Churchwardens to whom the other part of the Estreate was delivered a true Account of the Monies received by them in pain of Forty shillings and the said Constables and Churchwardens have power to call the Bayliffe or High Constable before two Justices of the Peace Quor un to pass the Account who have power to commit such Bayliff or High Constable until they have satisfied all the Arrearages by them received 2 3. P. M. Chap. 8. Dalt J. P. Ch. 26 fo 70. And upon passing such Account every Bayliff or High Constable shall have allowed Eight pence for their pains for every pound collected and Twelve pence for the Fee for the Estreate delivered 2 3. P. M. Ch. 8. Dalt J. P. Ch. 26. fo 70. Any two Justices of Peace upon complaint to them made by the succeeding Constables and Churchwardens may call before them the precedent Constables and Churwardens and may take their Accounts and compel them as aforesaid to pay in all Arrearages in their hands 2 3. P. M. Ch. 8. Dalt J. P. Ch. 26. fo 71. All Fines and Forfeitures assessed in the Sessions upon the Stat. 5. El. about Highways must be Estreated by the Clerk of the Peace and must be levyed accounted and imployed as is appointed by the 2 3. P. M. Ch. 8. 5. Eliz. Ch. 13. The Surveyers upon Warrant from Two Justices of Peace are to levy by distress and sale of Goods the Forfeitures of all such persons as offend against the 18. Eliz. 10. in not Scowring their Ditches c. and if they neglect by the space of a year after the offence committed to levy the Forfeiture Then the Justices may send to the Constable and Churchwardens to levy the same 18. Eliz. Ch. 10. The 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
by the Town where the offender was taken which must be laid on by way of Tax by the Constable Church-wardens and two or three other honest Inhabitants and where there are no such Officers then four of the principal Inhabitants of the Parish must lay on the Tax which being allowed under the hand of a Justice of Peace every Inhabitant must pay their proportion according to the Tax and if any refuse to pay the Constable Tythingman or other Officer by Warrant from a Justice of Peace may levy the same by Distress and after Apprisement by four Inhabitants there may sell the same rendring the overplus to the party so refusing 3. Jac. Ch. 10. Wingate's Stat. Tit. Prison Here if the Constable or other Officer that distrains be sued he shall plead Justification and upon verdict for or Non-suit of the Plaintiff he shall recover trebble Damages besides Costs of Suit 3. Jac. Ch. 10. CHAP. XXIX The Constables Office about Purveyance THe Constables duty about Purveyance upon the Stat. 36. E. 3. Ch. 2. 5. E. 3. Ch. 2. 20. H. 6. Ch. 8. 23. H. 6. Ch. 14. 2 3. P. M. Ch. 6. is now of little or no use for it is enacted by the 12. Car. 2. That from henceforth no Monies or other things shall be taken rated or levyed for any Provision Carriages or Purveyance for the King hiâ— Heirs c. or for the King Queen oâ— any of their Children for the time being or any of his Houshold of any Timber Fewel Cattel Corn Grane Malt Hay Straw Victuals Cart oâ— Carriage Oxen Horses Ploughs Wains or other Carriages or any other thinâ— from any Subject without the full anâ— free consent of the owner first obtaineâ— without menace or inforcement buâ— note that this aforesaid clause being found to be two prejudicial to the King if the Subjects might not be forced at reasonable prizes to furnish the King with Carriages it is therefore altered by the Stat. of the 13. Car. 2. Ch. 8. and is thus enacted That the Clerk or Chief Officer of the Kingâ— Carriages three days before his Majesties Arrival by Warrant from the Greencloth shall 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 Officer shall need for the 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 Country 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 paid them in hand at the place of lading and no carriage to be enforced to travel above one days Journey from the place where they receive their Lading and if any refuse or shall not be ready at the time and place not having good cause to shew to the contrary the said Justices upon due proof thereof and conviction of the offence by the Oath of two Witnesses or the Oath of the Constable or other Officer may by their Warrant cause to be levyed of the Goods of the offender forty shillings by distress and sale rendring the overplus to the owner 13. Car. 2. Ch. 8. If any Justice of Peace Officer or Constable shall take any Gift or Reward to spare any person from making such Carriage or shall impress more carriages then shall be directed from the Greencloth upon due proof and conviction thereof the parties offending shall forfeit ten pounds to be recovered by any person by Action of Debt in any of his Majesties Courts of Record And if any person shall take upon him to Impresse Horses Oxen Carâ—â— and Carriages other then the persons aforesaid upon conviction of the offence he shall suffer the punishment contained in the 12. Car. 2. Ch. 24. which see in the ensuing case of Pre-emption vide 13. Car. 2. Ch. 8. No Pre-emption shall be allowed to the King his Heirs or Successors noâ— to the Queen or any of the Children of the Royal Family in Market or out of Market but it is now lawful for all Subjects to dispose of their goods as they please and if any person shall make any Purveyance or Impress any Carriages otherwise than as is appointed by the 13. Car. 2. Ch. 8. in the two before-going Cases by order of the Green cloth or other things by colour of any Authority of Purveyance for the King c. contrary the 12. Car. 2. Ch. 24. then two or one Justice of Peace next adjoyning and the Constable of the place where such offence shall happen at the request of the party grieved shall commit the party offending to the Gaol until the next Sessions there to be Indicted and proceeded against for the same and the party grieved shall have his Action against the offender and therein shall recover trebble damages and trebble costs 12. Car. 2. Ch. 24. 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 of the Master of his Majesties Ordnance or the Lieutenant of his Ordnance are to provide Carriages with Horses Oxen out of the Country not being above 12. miles distant from the place of lading the owners of which Carriages or their Servants are to receive for every load of timber 12. pence per mile and for every Tun of other Commodities 8. pence per mile and such persons as refuse or neglect to make their appearance then upon Oath by the Constable or two credible Witnesses before the Justices c. such person refusing or neglecting forfeits Twenty shillings to be levied by Distress and Sale of his Goods and Chattels by Warrant from the said Justices Maior or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendering the overplus if there be any the charge of Distraining being first deducted to the owner 14. Car. 2. Ch. 20. Note That no Horses Oxen Cart Wain or other Land carriage shall be inforced to travel more daâ—s Journey from the place where they receive their Lading or be compelled to continue longer in the imployment than shall be appointed by the order of the said Justices of Peace and that ready mony be made to the parties in hand at the place of Lading according to the Rates aforesaid 14. Car. 2. Ch. 20. If the Justices Maior chief Officer Constable or any person appointed shall take any Gift or Reward to spare any or maliciously charge or grieve any person through Envy c. they forfeit Ten pounds to be recovered in any of his Majesties Courts of Record And if any take upon them to Impress Horses Oxen Carts c. other then the persons aforesaid they are to be punished as is appointed by the 12. Car. 2. Ch. 24.
Bro. Riot 4. 5. CHAP. XXXIII The Constables Office about Rogues and Vagabonds THe Constable Headborough or Tythingman assisted by the Minister and one other of the Parish is to â—ee or do it himself Rogues and Vagabonds which shall be taken begging stripped naked from the middle upwards and openly whipped till their body be bloody and then sorthwith to be sent away from Constable to Constable the next straight way to the place of their birth and if that cannot be known then to the place where they last dwelt by the space of one whole year before such punishment and if that cannot be known then to the Town through which they last passed unpunished And when they come there if it cannot be discovered where they were born or last dwelt as aforesaid then are they by that Constable to be conveyed to the House of Correction or Common Gaol of the County to be imployed in work or placed in some service and so to continue by the space of one year or in case they be not able in body that Town is to keep them till they may be placed in some Almshouse within the same County 39. Eliz. Ch. 4. Wing Stat. Tit. Vagabonds Resoluc Judges Sect. 714. Bolstr 2. Part. Rep. fo 258. After such whipping the Vagabond is to have a Testimonial under the Hand and Seal of the Constable Tythingman c. and the Minister testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his own Default he exceeds he shall from to time incurr the like punishment till he arrive at the place limited the substance of the Testimonial is to be Registred by the Minister in a Book which he is to keep for that purpose in pain of Five shillings see the form of the Testimonial pag. 96 Wingate's Stat. Tit. Vagabonds Dalt J. P. fo 129. Poulton Vagab 3. If any Constable Headborough or Tythingman be found negligent in the due execution of the Act of the 39. Eliz. aforesaid he forfeits Ten shillings for every Default and all such persons as shall in any wise disturb or hinder the execution of the Law or any part thereof concerning the punishment of Rogues forfeit Five pounds and to be bound to the good behaviour and observe therefore that by the Resolution of the Judges Sect. 13 14. where a Rogue is to be conveyed from Constable to Constable the next straight way to the place of his birth in such case if the Constable of any Parish will not receive such Rogue to convey him to the next Constable c. this is a forfeiture of Five pounds in such Officer that shall not receive the party to convey him or her he may be bound as aforesaid to the good behaviour and if he receive him and do not convey him to the next Constable it seems he incurrs the like penalty 39. Eliz. Ch. 4. Poul Vag 5. 11. Dalt J. P. Ch. 47. fo 128. Resol Judges Sect. 13 14. Every person shall apprehend or cause to be apprehended such Rogues as he shall see or know to resort to his house to begg or receive any Alms and him or them shall carry or cause to be carryed 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 afore directed on pain of Twenty shillings 1. Jac. Ch. 7. Poul Vag 5. Dalt J. P. Ch. 47. fo 128. Wingate's Stat. Tit. Vagabond Two Justices of the Peace quor un by Warrant under their Hands and Seals may cause to be levyed by Distress and Sale of the offenders Goods all the Fines and Forfeitures aforesaid appointed by the Stat. 39. Eliz. C. 4. 1. Jac. C. 7. after Conviction of the party which must be either by confession or proof of two sufficient Witnesses before the said Justices Poul Vag 1. 39. Eliz. C. 4. 1. Jac. Ch. 7. Dalt J. P. Ch. 47. fo 149. Wingate's Stat. Title Vagabond If the Constables or Tythingmen neglect to make privy search for Rogues upon Warrant from the Justices of Peace and to appear before the Justices at their meeting appointed for that purpose to give an Account upon Oath in Writing under the Minsters hand testifying what Rogues c. they have taken in that search or since the last meeting and how many have been punished or otherwise sent to the House of Correction or if they neglect safely to convey such to the House of Correction as by the said Justices Warrant are to be committed thither they are to incurr what fine the Justices please to set upon them so that it exceed not Forty shillings 7. Jac. Ch. 4. Wingate's Stat. Tit. Vagabond Any Justice of 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 c. did pass unapprehended ordering the Constable c. to give such person Two shillings for every Rogue so taken and if such Constable c. refuse or neglect to pay the same the Justices of the Peace may proceed against such constable c. according to the Statute of the 1. Jac. Ch. 7. before mentioned and then compel him to pay so much mony as he hath forfeited by the said Statutes and allow the said Two shillings out of the said forfeiture to the said person and also reasonable allowance for loss of time as they shall think fit 14. Car. 2. Ch. 12. And if any person shall apprehend any Rogue c. at the Confines of any County which passed through any Parish of another County unapprehended then the person so apprehending such Rogue must carry him to some Justice of Peace of that County through which he passed unapprehended who upon a Certificate under the hand of some Justice of Peace of the County where such Rogue was apprehended is to grant his Order or Warrant under his Hand and Seal to the Constable c. to pay Two shillings as aforefaid which if he refuse or neglect then the Justice is to proceed against such Constable c. 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. Ch. 12. Whereas Constables Tythingmen c. are at great charges in Relieving conveying wâ—th Passes and carrying Rogues c. to the Houses of Correction c It is enacted that all Constables Tythingmen c. so out of Purse together 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 chargeable by the 43. Eliz. which Rate must be confirmed by two Justices of the Peace under their Hands and Seals and if any person refuse to pay his
the Constable to present such person for his Default at the Assizes or Sessions of the Peace or else to complain of him to a Justice of Peace who may bind the offender to the good behaviouâ— and so over to the next Quarter Sessions c. Dalt J. P. Ch. 60. fo 141. CHAP. XXXIX The Constables Office about Executing Warrants A Justice of Peace may direct his Warrant to the Sheriff Bayliff Constable or other Officer or to any other Indifferent person by Name though he be no Officer 14. H. 8. 16. Bro. Peace 6. Dalt J. P. Ch. 117. fo 332. A Warrant directed by the Justice of Peace to the Constable or other sworn Officer and to a Stranger who is no Officer and the Warrrant is made to them joyntly and severally and is delivered to the Stranger who executeth it this is good enough and if a Warrant from a Justice of Peace be directed to two men joyntly to Arrest another yet any one of them may do it alone Cromp. 147. Dalt J. P. Ch. 117. fo 332. If a Justice of Peace direct his Warrant to the Sheriff he may by word command his Undersheriff Bayliff or other known and sworn Officer to serve it without any Precept to them in writing and they upon such Commandment of the Sheriff may lawfully do it Lamb. 91. Bro. fx. Impris 43. Trespass 339. Dalt J. P. Ch. 117. fo 332. But if the Sheriff in such case do command a Stranger who is neither his Servant nor Sworn Officer then he must do it by Precept in writing or otherwise an Action of false Imprisonment lies for the Arrest Dalt J. P. Ch. 117. fo 332. Where a Warrant is directed by a Justice of Peace to the Sheriffs Bayliff or his Servant or to the Constable or other private person to Arrest one such person cannot command another to do it neither by word nor writing but must do it himself Co. 9. Lib. Rep fo 69. 14. H. 7. 9. b. 20. H. 7. 13. 21. H. 7. 14. Dalt J. P. Ch. 117. fo 332. The Officer to whom any Warrant shall be directed ought with all speed and secrecie to seek and find out the party and then to execute his said Warrant Dalt J. P. Ch. 117. fo 332. A sworn and known Officer â—be he Sheriff Undersheriff Bayliff or Constable needs not to shew his Warrant to a man when he comes to serve it upon him although he demand it but he who is no sworn Officer ought to shew his Warrant upon demand or otherwise the party may make resistance and not obey him and a sworn Officer also upon the Arrest though he will not shew his Warrant yet he ought to acquaint the party with the contents thereof M. 8. E. 4. fo 14. a. Bro. fx. Impr. 23. Dalt J. P. Ch. 117. fo 332 333. Co. 6. Lib. Rep. 54. 9. Lib. fo 68. Note That an Officer giveth sufficient notice what he is when he faith to the party I Arrest you in the Kings Name c. and in such case the party at his peril ought to obey him though he knoweth him not to be an Officer and if he have no lawful Warrant the party grieved may have his Action of false Imprisonment against him Co. 9. Lib. Rep. fo 69. Dalt J. P. Ch. 117. fo 333. If a Constable or other Officer Arrest a man for the Peace or the like before that he have a Warrant and then afterwards doth procure a Warrant or a Warrant cometh after to him to Arrest the party for the same cause yet the first Arrest was wrongful and the Officer is subject to an Action of false Imprisonment Dyer fo 244. Lamb. 93. Dalt J. P. Ch. 117. fo 333. Where a Warrant is granted out against J. N. the son of T. P. and the Constable or other Officer takes J. N. the son of L. P. although he in truth be the same person that offended and against whom the complaint was made yet this Arrest is tortuous and the Officer liable to an Action of false Imprisonment 10. E. 4. fo 12. Bro. fx. Impr. 38. Dalt J. P. Ch. 117. fo 333. But it is said by some that where Two or Three are known by the Name of J. R. of K. Yeoman and upon a Warrant or other process granted out against one of them another of them is Arrested in such case an Action of false Imprisonment will not lye against the Officer tamen Quare hereof 11. H. 4. fo 90. 5. E. 4. fo 51. Dalt J. P. Ch. 117. fo 333. Where an Officer hath received a Warrant he is bound to pursue the effects of his Warrant in every behalf or otherwise his Warrant will not excuse him of that which he hath done Dalt J. P. Ch. 117. fo 333. The Constable or other Officer upon a Warrant from a Justice of Peace for Treason Felony the Peace or good behaviour or in any other case where the King is party may by force of such Warrant break open a mans house to Arrest the Offender but in such case he ought first to signifie the cause of his coming and require them to open the Doors before he break them open Co. 5. Lib. Rep. fo 9. 7. E. 3. 19. Cromp. 171. Dalt J. P. Ch. 78. fo 204 205. Ch. 117. fo 333. If a Constable or other Officer hath arrested a man by vertue of his Warrant which he hath from a Justice of Peace and then taketh his promise that he will come to him such a day to go to the Justice with him according to his Warrant and so he letteth the party go who comes not again at the day appointed in this case the Officer cannot take him again upon the same Warrant because he was suffered to go by the consent of the Officer but if the party arrested had escaped of his own wrong without the consent of the Officer in such case upon fresh suit he may take him again and again so often as he escapeth although he were out of view or that he do flie into another Town or County and it is said that the Officer in such case though the party be taken in another County after the Escape yet he may bring the party before the Justice on whose Warrant he was first Arrested Cromp. 214. a. 148. 172. 173. Dalt J. P. Ch. 117. fo 333. Ch. 118. fo 340. By the opinion of the Court of the 14. H. 8. it was held there that a Justice of Peace cannot make a Warrant to arrest a Felon unless he be Indicted of Felony or that the Justice himself hath a suspicion of the Felon But if the Constable or other Officer shall serve such a Warrant he may justifie the same though the Justice did err in awarding thereof 24. E. 3. 9. 14. H. 8. 16. Bro. Peac. 6. fx. Impr. 8. 9. Dalt J. P. Ch. 117. fo 331. Note That where a Justice of Peace doth make a Warrant for a matter wherein he hath
relieve such poor persons in such manner as the Justices of Peace of that County where such sufficient person dwelleth at their General Quarter Sessions shall Assess and if such party refuse to abide the order they forfeit 20 s. for every month to the Poor of the Parish which forfeiture is to be levyed by the Churchwardens and Overseers or one of them by Warrant from any two Justices of the Peace Quor unus within their Limits by distress and sale of the Offenders Goods and for want of distress any two such Justices may commit the Offender to Prison there to remain without Bail till the said Forfeiture be paid 43. El. Ch. 2. Resol Judges 16 17. Dalt J. P. Ch. 40. fo 98. 14. But note That if a man marry a Grandmother that hath no Estate the Grandfather in Law is not chargeable But if she have an Estate caused without such marriage or that comes after marriage by descent or otherwise to her here he may be charged But where they have raised themselves to an Estate by their own Industry there it is doubtful But in no case shall he be charged longer than his Wife lives and it seems also Bastard Children are not within this Law neither can the Justices do any thing herein against a man that lives out of their County See Boulstred's Rep. 2. Part. fo 245 246 247. 15. No Poor may beg but in their own Parish and there by Licence of the Overseers of the Poor and they may not Licence them to beg in the High-ways there and without the Licence of the Overseers they may not beg at all Res Judges 15. Dalt J. P. Ch. 40. fo 99. 39. El. 3. 16. No Inhabitants may serve any Poor at their Door but those of their own Parish that have Licence from the Overseers of the Poor to beg there under pain of 10 s. for every time they do so 1. Jac. 7. Dalt J. P. Chap. 47. fol. 129. 17. These Officers to make provision for a poor man that wants an House but not for a common Herdsman or Shepherd with consent of the Lord of the Mannor first had in Writing under his Hand and Seal either by themselves or with a Sessions Order may erect a Cottage upon any part of the Waste of a Mannor and lodge Inmates therein notwithstanding the Stat. 31. El. 7. But such Cottage may not be afterwards imployed otherwise than to lodge impotent persons there for if it be then it falls within the penalty of the 31. El. aforesaid 43. El. Ch. 2. Wingate's Stat. Tit. Poor People 18. All such persons married or unmarried having no means to maintain them use no ordinary and dayly Trade of life to get their living by and such persons also as can get no work are to be set on work by the Overseers and any one Justice of Peace may send to the House of Correction or Common Gaol such as shall not imploy themselves to work being appointed thereto by the Churchwardens and Overseers of the Poor of the Parish 43. El. Ch. 2. Dalt J. P. Ch. 40. fo 93. 19. And to this purpose the Church-wardens and Overseers of the Poor may by and with the consent of two or more Justices of the Peace Quor unus c. Set up use and occupy any Trade Mystery or Occupation only for the setting on work and better relief of the Poor of the Parish Town or place where they are Overseers c. 3. Car. 1. Ch. 4. Dalt J. P. Ch. 40. fo 94. Wingate's Stat. Tit. Poor People 20. If a Stranger come into the Parish into any Tenement under the yearly value of 10 l. The Overseers may require sufficient Security of him for the discharge of the Parish and if he refuse they may complain to the Justices of Peace within 40 days after the party come there and they may order him to do it or otherwise remove him 14. Car. 2. Ch. 12. CHAP. III. The Duty of the Overseers about putting forth and binding Apprentices with the form of the Indenture for such purpose 21. IN the putting out of Children Apprentices there ought to be regard had to the Master the Child and the Parents First to the Master that he be of ability and honesty otherwise by some device or hard intreaty they may provoke their Apprentices to depart or run away and regard is also to be had to his Trade or Faculty lest the Apprentice consume his time without learning any thing Secondly Regard is to be had to the Apprentices to put them out timely and while they are young and tractable so that they be above the Age of seven years otherwise by reason of their idle and base Educations they will hardly keep their Service or imploy themselves to work Then lastly Regard is to be had to the Parents to take away such from them as are brought up to live idlely and loosly or else such as are a burthen and charge to their Parents Dalt J. P. Ch. 40. fo 94 95. 22. Note That the choyce of these Apprentices are to be out of the poorest sort of Children whose Pâ—rents are the least able to relieve them and they are to be above 7. and under 15. years of Age when they are first bound 7. Jac. Ch. 3. Wingate's Stat. Tit. Poor People 23. And these Officers are to have the consent of two Justices of the Peace in the placing out of such Apprentices and they may bind the Man-child till 24 years of age and the Woman-child till 21. years of age or till she be married which shall first happen And these Apprentices may be bound to Weavers Masons Dyers Fullers or any other Trade as well as to Husbandry or Housewifery See 43. El. Ch. 2. Dalt J. P. Ch. 31. fo 83. Wingate's Stat. Tit. Poor People 24. Now this placing of Apprentices may be to any man whom the Officers and Justices think fit to receive them within the same Parish or elsewhere in other Parishes within the same Hundred either with or without mony therefore it is fit in this case to consider if the Child be young and the party to whom they place it not very able then they may give mony if they please as the party and they shall agree Resol Judges 1633. Quest 1. 25. All men that have or may have use for Servants as Knights Clergymen Gentlemen and Yeomen as well as Tradesmen are bound to take Apprentices yea though wealthy men Table themselves or live so privately that they have no use for a Servant yet they may be compelled to take them or else to pay a sum of mony for putting them Apprentices elsewhere and if they refuse to pay the sum imposed upon them Two Justices of the Peace may make their Warrant to levy the same by distress and sale of the offenders Goods Resol Judges 1633. Quest 4. Poulton 2. 4. Dalt J. P. Ch. 40. fo 95. 26. Or the Refusers to take Apprentices may be presented and indicted for the same upon
of all such mony and of all such Stock as aforesaid any two Justices Quor unus may commit them to the Common Gaol there to remain without Bayl till they have made a true account and satisfied and paid to the new Overseers so much of the said Sum or Stock as upon the said Account shall be remaining in his or their hands c. And if they make a false account they may be bound over to the Assizes or Sessions and there an Indictment may be preferred against them Dalt J. P. Ch. 40. fo 96. 79. Also if any of the Churchwardens or Overseers shall refuse or deny to pay and deliver over to the new Overseers the Arrearages Sums of Mony or Stock which shall be in their hands and due and behind upon their Account to be made as aforesaid any two such Justices of Peace may make their Warrant to the present or subsequent Churchwardens and Overseers or any of them to levy the same by distress and sale of the Offenders Goods rendring to the Parties the Overplus and in default of such Distress any two Justices of the Peace may commit him or them to the Common Gaol there to remain without Bayl until payment or delivery of the said Sum Arrearages and Stock be made 43. El. Ch. 2. Dalt J. P. Ch. 40. fo 96. 80. If any such Stock shall be in the hands of any of the Poor to work and such Poor shall refuse to deliver the same two such Justices may make the like Warrant to levy the same by distress and for lack thereof may commit such Offenders to the Gaol as aforesaid Dalt J. P. Ch. 40. fo 96. 81. And for these aforesaid and all other Negligences of the Churchwardens and Overseers in the execution of their Office about the Poor c. every of them for every default he makes forfeits 20. s. which Default must be proved either by the Offenders own Confession or by Examination of Witnesses and it is to be levyed by the new Church-wardens and Overseers or one of them by Warrant from two Justices as aforesaid by Distress and Sale of the Offenders Goods and for want of Distress two such Justices may commit the Offenders to the Gaol there to remain without Bayl till the said Forfeitures shall he paid which said Forfeitures are to be imployed to the use of the Poor of the same Parish Dalt J. P. Ch. 40. fo 97. 43. Eliz. Ch. 2. FINIS A GUIDE FOR SURVEYORS OF High-ways and Bridges CHAP. 1. Of the Choyce of these Officers how many Sorts of ways there are with some few General Cases concerning High-ways 1. THese Supravisors or Surveyors of the High-ways are Officers yearly chosen by the Constables and Churchwardens of every Parish and by the 14. Car. 2. the Churchwardens Constables or Tythingmen of every Parish Town or Hamlet for the time being are upon Monday or Tuesday in Easter week with the advice of the major part of the Inhabitants to choose two or more sufficient Inhabitants of the Parish Town or Hamlet to be Surveyors of the High-ways for the year following and they are to give notice thereof in writing to the persons chosen next Sunday after and for default of such choyce the Constables Churchwardens and Inhabitants of every Parish Town or Hamlet shall forfeit and loose 5. l. 14. Car. 2. Ch. 6. 2. And after choyce made of these Officers as aforesaid and notice given them they are forthwith to take the Office upon them in pain to forfeit 20 s. 2. 3. P. M. Ch. 8. Wingate's Abr. Stat. Tit. High-ways 3. The Constables and Churchwardens are then also to appoint six days betwixt then and Midsummer to be set a part for the amendment of the High-ways and must give publick notice there of in the Church the next Sunday after Easter 5. El. Ch. 13. 23. P. M. Ch. 8. Wingate's Abr. Stat. Tit. High-ways 4. Note That there are three kind of ways to wit first a Foot way called Iter quod est jus eundi vel ambulandi hominis Secondly a Foot way and an Horse way called actus ab agendo and this vulgarly is called a Pack or Drift way and is both Foot way and Horse way Thirdly a Cart way c. called via or Aditus and this containeth the other two and a Cart way also for this is jus eundi vehendi vehiculum jumentum ducendi and this is twofold to wit Via Regia the Kings High-way for all men communis Strata belonging to a City or Town or between Neighbours Dalt J. P. Ch. 26. fo 67. 5. Note That the Kings High-way or via Regia leading either to the Market or from Town to Town the Freehold and soil thereof and the interest of all Trees and other such Profits thereupon growing do belong to the Lord of the Soil or the Lord of the Mannor and therefore such Lords are chargeable to cut down the Trees and Bushes growing in such High-ways and it is called the Kings High-way for that the King at all times hath therein passage for Himself and his People and may punish all Nusances therein though otherwise the Interest be in the Lord to bring his Action for digging therein or other like Trespass there done Dalt J. P. Ch. 26. fo 68. and see Râ—lls Cases 1 part fo 392. 2. E. 4. 9. 8. E. 4. 9. 17. E. 3. fo 43. Bro. Chemine 10. 11. Leet 3. 27. H. 6. fo 9. 8. H. 7. fo 5. 6. Generally the owner of the Soil on both sides of the way shall have the Trees growing in the way But the Lord of a Rape within which there are Ten Mannors may prescribe to have all the Trees growing within any High-way within such Rape although the Mannor or Soil adjoyning belong to another person for the usage and taking of the Trees is a good badge of Ownership P. 11. Jac. B. R. between Sir Tho. Pellam Wiat Blake Rolls Cases 1. Part. fo 392. 7. Where any person shall inclose any part of the High-way such person shall be chargeed to amend the High-way next adjoyning to the said Inclosure And if one man have inclosed on one side and another man on the other side they shall be both charged to mend the same way Dalt J. P. Ch. 26. fo 69. and see Tr. 10. Car. 1. B. R. Sir Edward Duncomb's case Cro. 3. Part. Rep. 6. Jac. 19. Jac. so Resolved Rolls Cases 1. Part. fo 390. 8. But otherwise generally High-ways must be sufficiently amended at the charge of the whole Town And it is not enough for the Inhabitants to do their full Six days work yearly except their ways be all well and sufficiently repaired thereby For if all their said ways be not sufficiently amended the whole Town may be Indicted therefore and if Six days work in the year will not serve to amend them the Surveyors may yea must appoint more days Dalt J. P. Ch. 26. fo 69. 14. Car. Car. 2. Ch. 6.
any 43. El. Ch. 3. Wingate ubi supra 9. When out of the County where the party was prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or where he last dwelt by the space of three years Wingate ubi supra 43. El. Ch. 3. 10. By the 14. Car. 2. Ch. 9. It is provided that every Officer Souldier or Mariner maimed indigent aged or disabled in body for work in the Service of King Charles the first or of his Majesty that now is during the late Wars or which are so impoverished by their sufferings under any of the late usurped Powers as that they are destitute of any competent subsistence or livelyhood and have continued faithful to their Trust and not deserted the same by taking up Arms against his late Majesty or his Majesty that now is or otherwise is to repair to the place where he was last settled before he took up Arms with a Certificate of his Service and hurts received under the hand of his Captain or other Commissionated Officer and there repair to the two next Justices who upon examination of the truth of such Certificate upon Oath of the Party and such Witness as he shall produce may by Warrant unto the Treasurers assign him Relief unto the next Quarter Sessions to be holden for that County or Liberty at which time a yearly Pension may be settled on him which must not exceed 20 pounds to any one person which Pension is to be with power of Revocation or Alteration and in case where the Captain or Officer appointed to make such Certificate is dead the Justices upon Request to them made in behalf of the party maimed aged indigent or disabled as aforesaid by persons of credit are to give such Relief as in cases of Examination as aforesaid 14. Car. 2. Ch. 9. 11. And touching the Widows and Orphans of such as dyed in the Service aforesaid it is provided That over and beside such Relief as they shall gain by their labour and work and what shall be allowed by the charity and benevolence of the Parish Town or Hamlet where they are settled the Treasurers for the maimed Souldiers for such County shall allow such further Relief from time to time as shall be adjudged meet by two next Justices of the Peace of such County and the said Relief is to be paid out of the Surplusage of such Stock of Maintenance as shall remain in the hands of the said Treasurers after such Pensions and Payment of them made And of which surplusage and allowance made unto such Widows and Orphans the said Treasurers shall give account from time to time and the same distribute as by the Justices shall be directed 14. Car. 2. Ch. 9. 12. The Treasurers are to Register all their Receipts and Disbursements and must enter the Names of the Parties relieved into their Book and also the Certificate by vertue whereof the disbursements are made and where they disallow of a Certificate they are to set down the Reasons of their Refusal under the Certificate or on the back thereof 43. Eliz. Ch. 3. Wingate's Stat. Tit. Captains and Souldiers 13. If any Treasurer wilfully refuse to give Relief in the cases aforesaid the Justices of Peace in their Sessions may set a Fine upon him which may be levyed by Distress and Sale of his Goods Wingate ubi supra 43. Eliz. Ch. 3. 14. These Officers at the end of their year within 10 days after Easter Sessions are to give up a just account to the succeeding Treasurers of all their Receipts and Disbursements within the time of their Office and then if they have any mony in their hands they are to deliver it to their Successors and if any such Officer his Executors or Administrators shall not give up such Account within the time aforesaid or shall be otherwise negligent in the execution of his Office The Justices at their Sessions may Assess what Fine they please upon him so that it be not under five pounds but what they please above five pounds upon him his Executors or Administrators Wingate ubi supra 43. Eliz. Ch. 3. 15. In Corporations the Justices there are to put this Act in execution and not the Justices of the County This Act is not to prohibit the City of London to make a Tax if need require differing from that above limited in this Act so that no Parish pay above three shillings weekly nor under 12 pence weekly one Parish with another 43. Eliz. Ch. 3. FINIS A Guide for Treasurers of the County Stock for the Relief of Poor Prisoners in the Kings Bench and Marshalsey and for Hospitals and Alms-Houses in their several Counties 1. THese Officers are to be yearly chosen by the Justices at their Quarter Sessions about Easter and they must be two for every County Riding c. and by the words of the Statute they ought to be Subsidy men of 5 pound in Lands or 10 pounds in Goods at the least or near that value and these Officers are to continue in their Office but one year and then others to be chosen and they are to have the charge of the Receipt and Disbursements of the mony taxed and levyed upon the whole County yearly for the Relief of the Prisoners in the Kings Bench and Marshalsey and for the Relief of Hospitals and Almshouses within the same County 43. Eliz. Ch. 2. 2. And for this purpose the Justices of Peace of every County and Corporation or the major part of them at Easter Sessions yearly or as often as they shall think fit may rate every Parish at a certain sum to be paid weekly but so as no Parish may pay more than six pence nor less than half a peny and one Parish with another not above two pence through the whole Counâ—y or Corporation which sum so rated the Constables and Churchwardens in every Parish or any of them or in their default the next Justice of Peace have power to Assess and to levy by Distress and Sale of the Parties Goods refusing to pay Rendring the overplus to the owners and for default of Distresâ— the said Justice may commit the party to Prison till it be paid Wingate's Stat. Tit. Poor 43. Eliz. Ch. 2. Dalt J. P. Ch. 53. fo 135. 3. And these sums collected and levyed as aforesaid the Churchwardens or Constables of every Parish are to pay to the High Constable of that Division ten days before every Sessions in pain that they or their Executors c. shall forfeit ten shillings And the High Constable is to pay over the Sums received to the Treasurers or one of them every Quarter Sessions in pain that he his Executors c. shall forfeit 20 shillings and these Forfeitures are to be levyed by the Treasurers by Distress and Sale of the Offenders Goods rendring the overplus to the party offending which Forfeitures are to be imployed by the Treasurers for the uses aforesaid 43. Eliz Ch.
presence shall threaten to kill beat or hurt another or shall be in a fury ready to break the Peace in every of these cases the Constable may commit the offenders to the Stocks or to some other safe custody for the present as the quality of the person requireth until such time as he can carry them before some Justice of the Peace or to the Gaol untill they shall find Sureties for the Peace which Surety the Constable himself may also take by an Obligation to be sealed and delivered to the Kings use and so was the opinion of Walmesty Owen and Beamond in the Argument of Skarretts Case Tr. 35. El. Co. Ban. Rot. 1458. but my Lord Anderson said that the Constable ought to carry the parties that he should see breaking the Peace before a Justice to find Sureties for the Peace and at this day this is the most usual and safest way vide 3. H. 4. 9. 10. Bacons use of the Law fol. 5. Dalton's J. P. Chap. 1. fol. 4 5. Chap. 118. fol. 340. Kitchins Court-Leet c. fol. 69. a 22. E. 4. fol. 35. In case where the Constable had taken such an Obligation to the use of the King he was to send it into the Exchequer or Chancery from whence process should be awarded to levy the debt if the Peace were broken Dalton's J. P. Ch. 1. fol. 5. Bacons Vse of the Law 5. The Constable in the Kings Name ought to command Affrayers or such as are about to make an affray to avoid or surcease and to depart on pain of Imprisonment and if the Constable being present at an Affray doth not his best endeavour to part them it being presented by the Enquest at the Sessions of the Peace such Constable may be fined for it Dalt J. P. Ch. 8. fol. 33. If any person be dangerously hurt in an Affray the Constable or any other person may arrest the offender and carry him to a Justice of Peace who is either to Bayl him till the next Gaol Delivery or to commit him to the Gaol until it be known whether the party hurt will live or dye thereof Bro. faux Impr. 35 44. 3. H. 7. 1. 10. H. 7. 20. Lamb. 136. 38. E. 3. 8. 11. Dalt J. P. Ch. 8. fol. 33. Kitchin fol. 68. If the Affrayers will not depart but shall draw weapons or give any blow the Constable may command assistance of others for the pacifying of the Affray and may justifie the beating or wounding of them if they make resistance and if either the Constable or any in his Assistance be slain it is Murder in the Affrayers Lamb. 135. 1. H. 7. 7. 3. H. 7. 10. Co. 4. Lib. Rep. fol. 4. Co. 9. Lib. Rep. fol. 66. The Constable if the Affray be great or dangerous may in the Kings Name make Proclamation that the Affrayers shall keep the Kings Peace and depart c. And if the Affray be in an house and the doors shut the Constable may break into the house to see the peace kept though none of the parties have taken any hurt and if the Affrayers fly into another mans house the Constable upon fresh pursuit may break into such house and apprehend the Affrayers Dal. J. P. Ch. 8. fol. 34. 33. Lamb. 135. 7. E. 3. 19. And where the Affrayers flie into another County the Constable seeing this may freshly pursue or cause them to be pursued and to be taken there but then in such case the Constable can meddle no further but as every private man may do to carry them before some Justice of Peace of the County where they are taken to cause them to find Sureties for the Peace Crompt 146. b. 172. b. Dalt Ch. 8. fol. 34. Ch. 118. fol. 340. Plo. 37. But in case where the Affrayers fly into a Franchize only within the same County where the affray was there the Constable seeing this may freshly follow and take them out of such Franchize Crom. 146. Dalt J. P. Ch. 8. fol. 34. Note that after the Affray be over the Constable without a Warrant cannot Arrest the Affrayers except some person be in peril of death by some hurt there received but before the affray begun and during the time thereof he may Arrest them without Warrant 38. H. 8. Bro. faux Impr. 6. Dalt J. P. Ch. 8. fol. 34. Kitchin 69. b. Where the affray is made out of the presence or sight of the Constable and one cometh to the Constable and telleth him of it and wisheth him to go and see the Peace kept and the Constable will not in such case it is held by some that the Constable shall not be fined by the Justices at their Sessions upon presentment thereof by the grand Enquest but quare hereof for it is against his Oath if he do not see the Peace kept Cromp. 146. Dalt J. P. Ch. 8. fol. 33. Note that it is properly no Affray unless there be some weapons drawn or some stroke given or offered to be given or other attempt to such purpose for if men shall contend only in hot words this is no affray neither may the Constable for words only lay hands upon them unless they shall threaten to kill beat or hurt one another and then may the Constable arrest such Persons and carry them before a Justice of Peace to find Sureties for the keeping of the Peace and yet such threatning as aforesaid is no Affray Bro. faux Impr. 6. Cromp. 135. Dalt J. P. ch 8. fo 34. 158. If an affray or an assault be made upon the Constable upon himself he may not only defend himself but also put the parties offending in the Stocks till such time as he can carry them to a Justice of Peace or to the Gaol and if he be not able to arrest them him-himself he may then call others to his assistance who may justifie to arrest the parties 5. H. 7. 6. Bro. fx. Imp. 41. 3. H. 4. fol. 10. Dalt J. P. Ch. 8. fol. 35. Kitchin pag. 69. a. CHAP. III. The Constables Office about Alehouses c IF the Constables and Churchwardens upon a Warrant directed to them from one or more Justices of the Peace against an Innkeeper Alehousekeeper or Victualler for suffering Tipling in his house or for his measure of Ale and Beer do not distrein and levy the forfeitures according to the Statute that is 20. s. for selling less than a full Ale-quart of the best Ale or Beer or two quarts of the Small for one peny and 10 s. for Tipling in his house or if there be no distress to be found if the Officers neglect by the space of twenty days to certifie the same default of distress to the Justices in any of these cases the Officers forfeit forty 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 moe Justices of the Peace under their Hand and Seal and
and oother Labourers are to do their work faithfully in pain to forfeit double damages to the party grieved 4. E. 4. Ch. 1. Fitz. J. P. 203. Wingate's Abr. Stat Tit. Draperie And every Justice of Peace High Constable or Steward of Leet out of a Corporation and in a Corporation every head Officer where no Master is and every Master shall hear and determine the complaints of every such Clothier or Draper as well for non-payment of the Labourers wages as the damages aforesaid by due examination of the parties for which said damages they have power to commit the offenders to the Gaol until the party grieved shall be satisfied 4. E. 4. Ch. 1. Wingate's Abr. St. Tit. Draperie The High Constables also or Justices of the Peace have power to enter into any House Lands or other place to search for any Tenters Ropes Rings Headwrinches or other Engines for stretching of Cloth and if they find any to deface them and if the owners shall afterwards use them again then these Officers may take and sell them and give the mony to the poor 39. El. Ch. 20. Wingates Abr. Stat. Tit. Draperie CHAP. X. The Constables Office about the Customs WHere a Warrant comes from my Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of a Port to any person for the search of uncustomed Goods such person with the assistance of a Sheriff Justice of 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 houses and seize and secure the same Goods so concealed in any house 12. Car. 2. Ch. 19. No house is to be entered by vertue of the Act aforesaid unless it be within the space of one month after the offence supposed to be committed and if the Information whereupon any house shall come to be searched do prove to be false then in such case the party injured shall recover his full damages and costs against the Informer by Action of Trespass to be brought against such Informer 12. Car. 2. Ch. 19. And by the 14. Car. 2. such person or persons as are authorized by Writ of Assistance under the Seal of his Majesties Court of Exchequer are to take a Constable Headborough or other publick Officer inhabiting near the place and in the day time are to enter and go into any House Shop Sellar Ware-house Room or other place and in case of Resistance break open the Doors Chests Trunks and other package there to seiz 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 Store-house in the Port next to such place where the seizure shall be made 14. Car. 2. Chap. 11. All Officers belonging to the Admiralty Captains and Commanders of Ships Forts Castles and Blockhouses and all Justices of Peace Maiors Sheriffs Constables and Headburroughs and other the Kings Majesties 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 mannage his Customs and if the Officers of the Customs or any acting in aid 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 in any of his Majesties Courts of Justice 14. Car. 2. Ch. 11. CHAP. XI The Constables Office about Setting Dogs c. EVery Constable or Headborough upon a Warrant under the hands of two or more Justices of the Peace hath power to search the houses of persons suspected to have any Setting Dogs or any manner of Nets for taking of Feasants or Partridges and the Dogs and Nets there found to take carry away detain kill destroy and cut in pieces Dalt J. P. Ch. 37. fo 90. 7. Jac. Ch. 11. But note that they cannot search the houses of such as have Free Warren or are Lords of any Mannor or have Freehold of Forty pounds by year or more of some Estate of Inheritance or Eighty pounds by the year for Term of Life or be worth in Goods Four hundred pounds for these may keep Nets or Doggs to take Feasants or Partridges in their own grounds or Precincts 7. Jac. Ch. 11. Dalt J. P. Ch. 37. fo 90. CHAP. XII The Constables Office about Escapes and Arrests IF a Constable or any other which hath a Prisoner under Arrest for Felony or Suspicion 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 leteth 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 the Prisoner because a breach of Prison and the Gaoler Constable c. may be Fined by the Judges or Justices for such escape Bro. Coron 112. 224. 316. 454 Bro. Escape 31. Stamford fo 32. 44. Ass Pl. 18. Dyer fo 99. Dalt J. P. Ch. 106. fo 272. If the 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 drowning makes the Theif 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 J. P. Ch. 106. fo 272. The voluntary letting a Felon to escape before he be arrested for the felony is no Felony in the party that suffereth him to escape but if the Constable suffer one to escape when he knows he hath committed a Felony in such case he may be indicted and fined for suffering the escape and quaere if it do not make him Accessary to the Felony 9. H. 4. 1. Stam. 32. Bro. Escape 43. Dalt J. P. Ch. 106. fo 272. If a man be Arrested for suspicion of Felony by the Constable or other person and after they shall have Intelligence that there is no such Felony committed here they may set the party Arrested at Liberty again and they shall not be charged with the Escape for there can be no Felon where there is no Felony committed 13. H. 7. 7. Cromp 40. Dalt J. P. Ch. 106. fo 275. But if a Felony be committed in Deed and one is Arrested for the same or for Suspicion thereof though the Constable or other person that made the Arrest 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 now be delivered by any mans
discretion but by due course of Law otherwise it will prove a voluntary Escape and so Felony or at least Finable Cromp. 40. 44. Ass 12. Dalt J. P. Ch. 106. fo 275. In all cases of misdemeanour where a private person hath Authority to Arrest any for any offence it is requisite for him to carry and deliver the Prisoner to the Constable or some other Officer vide 20. E. 4. 6. Dalt J. P. Ch. 118. fo 338. But in case where a Justice of Peace Constable or other Officer comes to a Felon to arrest and take him and he perceiving flies into another County before he can be taken in such case the Felon shall be carried before some Justice of Peace of that County where he is taken and must be committed to the Gaol of that County although the Felony were committed in another County Bro. faux Impr. 25. 11. E. 4. fo 5. a. Dalt J. P. Ch. 118. fo 340. If a man be Arrested for Felony and the Constable carry him 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 by the opinion of the Book 10. H. 4. or the Constable may in such case keep the Prisoner in his own house as it hath been held by some See 11. E. 4. Bro. faux Impr. 25. in fine Dalt J. P. Ch. 118. fol. 340 341. But in such case where the Gaoler refuses to receive a Prisoner as above said or takes any thing for receiving him upon Information thereof to the Justices of the Gaol Delivery they will punish him for his offence 4. E. 3. C. 10. Poulton Prison 6. Dalt J. P. Ch. 118. fo 341. The Constable or other Officer that shall Imprison in the Stocks any Felon 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 Dalt J. P. Ch. 118. fol. 342. CHAP. XIII The Constables Office about Excise THose Officers under the Commissioners of Excise called Gagers are to have the Constable along with them when they enter by night into the Houses of any Brewer Innkeeper Victualler c. to Gage their Coppers Fat 's or Vessels or to take an Account of their Beer Ale Worts Perry Syder Strong-Waters Metheglin Mead Coffee Chockolet Sherbet or Tea brewed made or distilled in the said Houses 12. Car. 2. Ch. 23 24. Such persons as shall be convicted before the Justices of Peace or Commissioners of Excise of any offence and Forfeiture within the Acts for Excise The Constables upon Warrant to them directed from the Justices of Peace are to levy the penalties upon the goods of the offenders by distress and sale thereof rendring the overplus to the owners and for want of distress they are to carry the party to the Gaol there to remain till satisfaction be made 12. Car. 2. Ch. 23 24. The Constables are also upon Warrant to them directed to Summon all Alehousekeepers c. to appear before the Commissioners of Excise at such days and places as shall be appointed in the said Warrants from time to time CHAP. XIV The Constables Office about Fish THe Constables and Churchwardens by Warrant from any one or more Justices of the Peace where any offence is committed in destroying the spawn and breed of Fish along the Sea-shoar or in any Haven or Creek or within five miles of the mouth of any Haven or Creek by Fishing with Nets of less Mesh then three Inches and an half between knot and knot are to levy the penalty by distress and sale of the Offenders Goods rendring the overplus to the owners the penalty is Ten shillings and forfeiture of their Nets 3. Jac. C. 12. Wingate's Abr. Stat. Tit. Fish Fishers and Fishing If any Ling Herring Codd or Pilchard Fresh or Salt dried or bloated or any Salmons Eels or Congers taken by Foreiners Aliens to the Kingdom of England shall be imported uttered sold or exposed to sale in this Kingdome in such case the Constable Headborough c. or any other person may take and seize the same and one half thereof must go to the use of the Poor of the Parish where the same is so found and seized and the other half to the use of the party that seizes the same 18. Car. 2. Ch. 2. CHAP. XV. The Constables Office about Forcible Entries c. IF a Constable or any private person of the same County do refuse to attend and assist the Justices of 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 15. R. 2. Ch. 2. Dalton's J. P. Ch. 22. fo 57. CHAP. XVI The Constables Office about Hedgebreakers c. ALl such lewd persons as are convicted before a Justice of Peace for taking away any Corn growing Robbing of Orchards breaking Hedges c. and their procurers and receivers knowing the same iâ— they cannoâ— give the Parties grieved such satisfaction as the Justice shall think fit then the Justice may commit him to the Constable to be whipped for the first offence and the like pain for the second offence And if the Constable or other inferiour Officer do not by himself or some other see the same be done accordingly then the Justice may commit such Officer to the Gaol there to remain without Bail until the said offender be by the said Constable or some other by his procurement whipped as aforesaid and this is by the 43. El. Ch. 7. But now by the 15. Car. 2. every Constable Headborough 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 or carrying or any wise conveying any Burthen or Bundles of any kind of Wood Underwood Poles or young Trees or Bark or Bast of any Trees or any Gates Styles Posts Pales Rales or Hedgwood Broom or Furze and any Constable Headborough c. by Warrant under the hand and Seal of one Justice c. may enter into the Houses Outhouses Yards Gardens or other places belonging to the Houses of such persons as they shall suspect to have any Woods underwoods c. and wheresoever they shall find any such to apprehend or cause to be apprehended the person suspected for cutting the same and those also in whose houses or other places belonging to them any such Wood Underwood c. shall be found to carry before some Justice of Peace of the County City c. and if the party cannot give a good account to the Justice how he came by the same Wood c. by the consent of the owner such as to satisfie the Justice or shall
which he is to have Two pence and then to be delivered to the Party 5. Eliz. Ch. 4. Wingate's Stâ—t Tit Labourers But these Testimonials are now very seldom used although the Statute be very penal in the same for the Master that retains a Servant without such a Testimonial forfeits five pounds being thereof convicted upon 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 such other Officer Minister or Churchwardens of the place where he is to dwell may be imprisoned till he procure one and if he produce not one within one and Twenty days next after the first day of his Imprisonment or if he shall shew a false or counterfeit one then he is o be whipped and used as a Vagabond Dalt J. P. Ch. 31. fo 86. 5. Eliz. Ch. 4. The Form of a Testimonial is after this manner Memorandum that A. B. Servant to C. D. of Kirk-Leaventon in the County of York Husbandman is Licenced to depart from his said Master and is at his 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 Tenth day of November in the 19th year of the Raign of our most gracious Soveraign Lord King Charles the Second Annoque Domini 1667. Jo. Mettcalf Constable of Kirk-Leaventon Householders there T. H. G. B. If it be one that lives with a woman then say is Licenced to depart from his Mistres or Dame as she is and if his Master be not an Husbandman but a Taylor Smith Joyner or some other Trade then name him accordingly in the Testimonial CHAP. XXI The Constables Office about Malt-making THe Constables and Bayliffs of any Town where any deceitful Malt shall be made or mingled to be sold contrary to the Stat. 2. E. 6. may from time to time view and search all such Malt as shall be made or put to sale within any of their Towns being evil made or mingled with evil Malt contrary to the Statute then the said Constable or Bayliff so finding any such deceitful Malt with advice of any one Justice of Peace may cause the same to be sold to such persons and at such reasonable prizes as to the discretion of the same Justice shall seem expedient 2. E. 6. Ch. 10. 21. Jac. Ch. 28. 3. Car. 1. Ch. 4 Dalt J. P. Ch. 33. fo 86 87. Now these deceitful Malts are of three sorts to wit such as are not well made and that is where Barly Malt hath not in the making thereof in the Fat Floor â—â—eeping and drying thereof Three weeks at the least except it be in the Months of June July and August and in those Months it must have 17. days for under such times it cannot be well made nor wholesom 2. E. 6. Ch. 10. Dalt J. P. Ch. 33. fo 87. Secondly No Malt ought to be put to sale unless before the sale thereof by treading rubbing and fanning it they take out of every Quarter half a peck of dust or more on pain to forfeit 20. pence for every Quarter otherwise sold to be divided between the King and the Prosecutor 2. E. 6. 10. And Thirdly If any Malts be put to sale which are not well made as aforesaid according to the limited time or which are made of Mow-burnt or Spired Barly or mixed of good and bad together they forfeit for every Quarter so put to sale Two shillings to be divided between the King and the Prosecutor as aforesaid 2 E. 6. Ch. 10. Wingate's Stat. Tit. Malt. Note That none shall be punished by this Act who only make the Malt for their own provision nor for the penalties of 20. pence or 2. shillings per quarter unless the Action be prosecuted within one year Wingate Stat. Tit. Malt. 2. E. 6. Ch. 10. Dalt J. P. Ch. 33 fo 87. CHAP. XXII The Constables Office about the Militiaâ— THe Constables by Warrant to that purpose under the Hand and Seal of the Lord Lieutenant or any three or more of the Deputy Lieutenants are to Levy such Sums Forfeitures Penalties and Payments as shall be charged upon any person or persons within their several Constableries for the furnishing of Arms Horse or Foot or payment of Souldiers c. according to the Acts for the Militia 14. Car. 2. Ch. 3. 15. Car. 2. Ch. 4. And where sufficient Distress cannot be had then the Lord Lieutenants or their Deputies by like Warrant to the Constable may commit such Offender to Prison until he shall make satisfaction according to the said Forfeiture Payment or Penalty 15. Car. 2. Ch. 4. CHAP. XXIII The Constables Office about Moss Troopers THe Constables and other Officers within the Counties of Northumberland and Cumberland upon Warrant from the Justices of the Peace are to Levy by Distress and Sale of the Parties Goods rendring the overplus to the owners all such sums as shall be charged upon any person within their several Constableries by the Justices at their Sessions for the safeguard of the Counties against the Injury Theft and Rapine of Moss-Troopers and the Justices also may examine any complaint against the Constables or other Officers that shall neglect or refuse or fail to give obedience to the Act or do any thing in disturbance thereof and bind over such person to the Quarter Sessions to be proceeded against according to Justice 14 Car. 2. Ch. 22. This Act took force from Michaelmas 1662. and was to continue five years and now by the Stat. 18. Car. 2. it is continued for seven years longer which is till Michaelmas 1674. 18. Car. 2. Ch. 3. CHAP. XXIV The Constables Office about the Disturbing of Ministers IF any shall purposely without Authority disturb a Preacher lawfully licenced in his Preaching of the Word Praying or Administring of the Sacraments either by their talking laughing humming or the like any one of the Constables or Churchwardens of the place may of his own Authority presently apprehend the party and carry him before a Justice of Peace of the same County who upon due accusation may if he think fit commit him to safe custody and within six days after taking with him another Justice of the Peace they may examine the matter and if by proof of Two Witnesses they find it true 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 Reconâ—iliation and entring into Bond for the good behaviour for one whole year at the discretion of the Justices he may be Released but if he persist still in his obstinacy he must remain in Pâ—ison still without Bayl until he shall reconcile and be penitent for his offence 1. Mar. Sess 3. Ch. 3. Wingate's Stat. Tit. Sacraments Dalt J. P. Ch. 41. fo 103. He that rescues an offender in this kind shall suffer like
Imprisonment and forfeit five pounds besides and the Inhabitants that suffer such an offender to escape being presented before the Justices of Peace in the Sessions within the County or Corporation where the escape was made do also forfeit Five pounds Wingate's Stat. Tit. Sacraments â— M. Sess 2. Ch. 3. This Act does not restrain the Jurisdiction of the Ecclesiastical Law howbeit none are to be punished twice for one offence Quaere of this Statute for some think it is Repealed by the 1. El. Ch. 2. vide Lamb. 199. Cromp. 14. Dalt J. P. Ch. 41. fo 103 104. CHAP. XXV The Constables Office about the Peace THe Constable may do what he can to keep the Peace but he cannnot take Surety of the Peace at the Request of any man Cromp. 6. 12. H. 7. fo 18. a. Note That the breach of the Peace is said to be any injurious force or violence used against the person of another his Goods Lands or other Possessions whether it be threatning words or furious gestures or force of the body or any other force used in terrorem Dalt J. P. Ch. 3. fo 9. The Constable or other Officer before he Arrest the party upon a Warrant for the Peace ought first to acquaint him with the matters and withal to require or charge the party in the Kings Name to go along with him before the Justice to find and put in Sureties according to the Warrant and if the party refuse either to go before the Justice or to find Sureties then the Officer by vertue of the said Warrant may and ought fothwith Arrest him and convey him to the Gaol without carrying him to any Justice and there the party is to remain until he shall voluntarily offer and find Sureties and then such Officer must be at the next Sessions of the Peace there to deliver his said Warrant in and to certifie all that he hath done thereupon Dalt J. P. Ch. 69. fo 166. 5. E. 4. 13. Lamb. 92. Bro. fx. Imp. 18. Cromp. 235. But if the partie yield to go and find Sureties then the Officer may not absolutely Arrest him but yet the Officer is not bound to go up and down with the party to find Sureties but may keep him till he can procure Sureties to come to him and if afterwards the party shall make any resistance or shall offer to go his way then the Officer may Arrest him and carry him to the Gaol or else imprison him in the Stocks until he can provide aid to carry him to the Gaol Dalt J. P. Ch. 69. fo 166. If a Constable or other Officer having a Warrant from a Justice of Peace to Arrest a man to find Sureties for the Peace do afterwards receive a Supersedeas out of the Chancery c. or from another Justice of the Peace of the same County to discharge the same Surety of the Peace and yet nevertheless the Officer will urge the party to find Sureties by vertue of the Warrant the party may refuse to give it if he be Arrested or Imprisoned for such Refusal he may have his Action of false Imprisonment against such Officer for such Supersedeas is a Discharge of the former Precept or Warrant Lamb. 101. Dalt J. P. Ch. 69. fo 168. If any shall abuse a Constable in doing of hiâ— Office the Constable may have the party bound to his good behaviour for it Fitz. Barr. 202. Cromp. 135. If a Constable be informed that a man and a woman be in Adultery or Fornication together or that a Man and a 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 Peace to find Sureties for the good behaviour 13. H. 7. 10. Bro. Travers 432. Dalt J. P. Ch. 75. fo 189. CHAP. XXVI The Constables Office about Physicians THe Constables and other Officers in London and within seaven miles round are to be aiding and assisting to the President of the Colleâ—â—e of Physicians and all persons authorized by the said Colledge for the due execution of the Laws and Statutes belonging to the said Colledge upon pain of 〈◊〉 into contempt to the King 1. M. Par. 1. Sess 2. Ch. 9. Wingate's Stat. Tit. Physicians CHAP. XXVII The Constables Office about the Plague IF any person Infected or being or dwelling in an house infected with the Plague shall be by the Constable commanded to keep his house and notwithstanding shall wilfully go abroad and converse in company having any infectious Sore on him it is Felony and if such person shall not have such Sore about him yet for his offence he shall be punished as a Vagabond by the appointment of any one Justice of the Peace and further shall be bound to his good behaviour for one whole year Wingate's Stat. Tit. Plague 1 Jac. Ch. 31. Dalt J. P. Ch. 39. fo 91. The Justices of Peace or any one of them and other Head Officers in Corporate Towns within their several limits may appoint Searchers Watchmen Examiners Keepers and Buriers for the persons and places infected and if any person infected or dwelling and being in an house infected shall contrary to the commandment or appointment of the Justice of Peace or Constable c. wilfully attempt to go abroad or to resist such their Keepers or Watchmen then may such Watchmen with violence force them to keep their houses and if any hurt happen thereupon the Watchmen shall not be impeached therefore 1. Jac. Ch. 31. Dalt J. P. Ch. 39. fo 91. Cromp. 122. b. Wingate's Stat. Tit Plague If the Constable or other Officer wilfully neglect to levy the mony by Warrant from two Justices of Peace upon the Statute for Relief of any Town infected with the Plague by Distress and sale of the Goods of such persons as refuse or neglect to pay then they forfeit for every such offence Ten shillings to be imployed to the said Charitable use Wingate's Stat. Tit. Plague 1. Jac. C. 31. Dalt J. P. Ch. 39. fo 91. CHAP. XXVIII The Constables Office about conveying Prisoners to the Gaol AN Offender which is to be conveyed to the Gaol if he be able must bear all charges both of himself and of those that guard him and if he refuse to defray and bear the charges or shall not at the time of commitment pay or bear the same then upon a Warrant from a Justice of Peace the Constable of the Township where the Offender 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 overplus to be rendred to the owner 3. Jac. Ch. 10. Dalt Ch. 43. fo 104. Wingate's Stat. Tit. Prison And if the offender have no Goods to satisfie the charges then the charge must be born
part thereof then by Warrant from Two Justices the Constable may levy the same upon the parties Goods that refuseth rendring the overplus to the owner if any be 14. Car. 2. Ch. 12. Note That all these persons following being 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 abroad without a lawful Pasport and give no good reason for their Travail are accounted Rogues All Scholars and Seafaring men which beg wandring persons that use unlawful Games subtile Craft or Plays or pretending themselves to have skill in Physiognomy Palmestry or the like or to be Fortune-tellers all Proctors Patent gatherers except for Fire Collectors for Gaols Prisoners or Hospitals wandring abroad Fencers Bearwards Common Players of Enterludes and Fidlers or Minstrels wandring abroad All Juglers Tinckers Pedlers and petty 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 beging such as go to or from the Bathes and do not pursue their Licence 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 And all Servants departing out of their Service to wit forth of one City Town or Parish to another or out of one Hundred or County to serve in another without a Testimonial or which shall be taken with a false one and those that are sick of the Plague and wilfully go abroad in company against the command of Officers are to be punished as Vagabonds but observe that none but the wandring Rogue is to be sent to the place of his birth or last habitation for those poor people which beg in their own Parish without the appointment of the Overseers or in the High-ways are to be sent to the House of Correction 39. Eliz. Ch. 4. 17. 43. Eliz. Ch. 2. 1. Jac. Ch. 7. 21. Jac. Ch. 28. 7. Jac. Ch. 24. 5. Eliz. Ch. 4. Poult Vag 2. 7. Resol Judges 13 15. Dalt J. P. Ch. 47. fo 123 124 125. Cro. 2. Part. Rep. fo 577. Note That the Wife and Children under seven years of age being vagrant must go and 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 as the case falls out if afterwards the Parents or either of them die or run away yet the Children once settled 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 and the Wife being but a vagrant Rogue ought to be sent to the Husband though he be but a Servant in another Town and the Rogue whose place of birth 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 wilfully 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 39. Eliz. Ch. 4. Poult Vag 2. Resoluc of the Judges Sect. 4 5. Dalt J. P. Ch. 47. fo 125. Now the Form of a Testimonial for the conveying a Rogue that hath been banished is as followeth JOhn Roo a Sturdy Vagrant Beggar of tall stature gray haired and blind of the left Eye aged about fifty years was this 2d day of February in the Twentieth year of the Raign of our most Gracious Soveraign Lord King Charles the Second of England c. openly whipped at Kirk-Leaventon in the County of York according to Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to A. in the County of Westmerland where as he confesseth he was born and he is limited to be at A. aforesaid within Ten days now next ensuing at his peril Given under the Hands and Seals of J. H. Minister of Kirk-Leaventon aforesaid and J. M. Constable there Wingate's Stat. Tit. CHAP. XXXIV The Constables Office about Profane Swearing IF any person or persons shall profanely Curse or Swear for every time so offending they forfeit Twelve pence the offence to be proved within Twenty days after it is committed by the Oath of Two Witnesses or by confession of the party before any Justice of Peace or Head Officer of any City or Town Corporate who thereupon may issue out their Warrant to the Constables and Churchwardens and Overseers of the Poor of that Parish where the said offence shall be committed and the said Constables c. are to levy the sum and sums of mony by distress and sale of the offender Goods rendring the overplus if any be to the owner 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. Wingate's Stat. Tit. Swearing Dalt J. P. Ch. 55. fo 138. Note Where no Distress is to be had the offender if above Twelve years of age shall by Warrant as aforesaid be set in the Stocks Three whole hours but if the offender be under the age of Twelve years and shall not forthwith pay the said sum of Twelve pence per Oath then he or she is to be whipped by the Constable or by the Parent or Master in the Constable's presence 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. Dalt J. P. Ch. 55. fo 138. CHAP. XXXV The Constables Office about Profaning the Sabbath THe Constable by Warrant from a Justice of Peace or the chief Officer of any City Borough or Town Corporate under their Hand and Seal against such as use unlawful Games on the Sabbath day as Bull-baiting Bear-baiting Enterludes or other unlawful Exercises within their own Parish or out of their own Parish at any such Sports whatsoever may levy the penalty of Three shillings and Four pence by Distress and Sale of the Offenders Goods rendring the overplus to the owners and in default of Distress the Constable is to set the Offenders in the Stocks by the space of Three hours Note that the party offending in these Games must be questioned within a month after the offence committed 1. Car. 1. Ch. 1. Dalt J. P. Ch. 23. fol. 63. If any one on the Sabbath day keep or be present at any Wrestlings Shootings Bowlings Ringing of Bells for pleasure
Jurisdiction though it be beyond his Authority yet it is not disputable by the Constable or other such Officer but must be obeyed and executed by them as if the Justice shall make a Warrant to Arrest one for the Peace or good behaviour c. without any cause the Officer shall not be punished for executing the Warrant But if a Justice of Peace shall make his Warrant to do a thing out of his Jurisdiction or in a Cause wherein the Justice is not Judge then if the Officer shall execute such a Warrant he is punishable for it for the Officer is not bound to obey him who is not Judge of the Cause no more than he is bound to obey a meer Stranger and so note that the Officer is bound at his peril to take notice of the Authority and Jurisdiction of the Judge See Plo. Com. 394. b. 22. Ass fo 64. 14. H. 8. 16. Lamb. 67. 94. Co. 10. Lib. Rep. fo 76. Cromp. 74. Bro. fx. Impr. 8. Dalt J. P. Ch. 117. fo 334. If any shall abuse the Justice of Peace his Warrant by casting it into the dirt treading it under feet burning it c. for such contempt the party may be bound to his good behaviour and may also be Indicted and Fined for the same for it is the Kings Process Cromp. 149. Dalt J. P. Ch. 117. fo 334. Where Hue and Cry either by the Common Law or by force of any Statute is levyed upon any person the Arrest of such person is lawful although the cause of the Hue and Cry be Feigned and if the Cause be Feigned he that Levies the same shall also be Arrested and shall be Fined and Imprisoned but common Fame and voyce is not sufficient to Arrest a man in case of Felony unless a Felony be done indeed 29. E. 3. 9. 38. E. 3. 6. Co. 3. Part. Inst fo 118. 21. H. 7. 28. a. FINIS Conductor Generalis A GUIDE FOR Churchwardens Overseers of the Poor Surveyors of the High-ways Treasurers of the County Stock Masters of the House of Correction Bayliffs of Mannours Toll-Takers in Fairs c. LONDON Printed in the Year 1669. To all Churchwardens Overseers c. Gentlemen THese following Offices aswell as that of the Constable have been touched also by Mr. Lambert and Mr. Sheppard but since the one writ there have been many hundred new Statute-Laws and the other writing in the late times of Rebellion hath moulded his Work suitable to the Manners then in fashion and many of the Rules laid down by Mr. Sheppard in these several Offices which thwart the Laws of the Kingdom and Priviledges of the Church are now out of doors I have therefore for the ease and satisfaction of those who desire to be put in the right Way and sure Road in the executing of these several Offices collected and published this small Treatise briefly laying down the Authority and Duty of Church-wardens Overseers c. in their several Offices The desire of praise could not carry me aloft who want wings for it but the main thing here aimed at is the good of my Country-men and I hope to reap the fruit of my labour in it that is your kind acceptance Dear Friends which if I may obtain it is all that is desired by him who is and shall be Yours Ready to serve you George Meriton A GUIDE FOR CHURCHWARDENS CHAP. 1. The Antiquity of the Churchwardens Office and how they are to be chosen 1. IT is said by some Historians that Dionysins in the year of our Lord 267. divided both in Rome and other places Churches Church-yards and Parishes to Curates and Diocesses to Bishops and this was about 87. years after Britain had received the Christian Faith For though Historians do not all agree when the Christian Faith was first planted here yet it is thought by most of them to be in the Raign of King Lucius about the year of our Lord 180. but how long after it was before these Officers called Churchwardens were appointed it cannot certainly be known but Mr. Lambert and other Authors do agree that they are very antient Officers and by the antient common Law they were and are still to take care see to and preserve the Goods of the Church viz. the Church Books Communion Cups c. and other decent Ornaments and furniture of the Church which they do find there at their coming into the Office 2. As to the choyce of these Officers it is appointed by the Book of Cannons printed in the first year of King James An. Dom. 1604. That all Church-wardens Questmen Sidemen or Assistants in every Parish shall be chosen by the joynt consent of the Minister and the Parishioners if it may be But if they cannot agree upon such a choyce then the Minister shall choose one and the Parishioners another and without such a joynt or several choyce none shall take upon them to be Churchwardens neither shall they continue any longer then one year in that Office except perhaps they be chosen again in like manner and these Officers are to be yearly chosen in Easter-week Can. 89 90. But note where there is an antient custom in any Parish for the choyce of Churchwardens contrary to this Canon in such case the custom is to be observed before the Canon as appears by several Cases hereafter mentioned 4. If the Parishioners of a Parish have used time out of mind c. to elect one Churchwarden and the Vicar another and afterwards a Canon is made that the Vicar shall elect two and he doth so accordingly and the Parishioners elect one according to their custom and the Ordinary disallows him and establisheth the other two elected by the Vlcar in this Case a prohibition shall be granted P. 5. Jac. B. R. the Parishioners Case of Rovenden in Kent Rolls Cases 2. Part. fo 287. 5. A Prohibition was granted against a Churchwarden chosen by the Parson of St. Magnus nigh London-bridge by force of a Canon upon a surmise that the Parish had a custom to choose two Churchwardens Tr. 7. Ca. 1. B. R. bet Shirlye Browne Rot. 1391. Rolls Cases 2. Part. fo 287. The like against a Churchwarden chosen by the Parson of Alhallows London P. 17. Jac. B. R. Warâ—ers Case P. 5. Jac. the Parishioners of Walkbrooks Case in London Cro. 2. Part. Rep. The like against a Churchwarden chosen by the Parson of St. Thomas in London P. 15. Car. 1. B. R. Evelins Case Cro. 3. Part. and the like granted between Draper and Stone for Abchurch in London P. 4. Car. 1. B. R. Rot. 420. Rolls Cases 2. Part. fo 287. 6. An Attorney cannot be made a Churchwarden if he be put in refuse and so be sued in the Spiritual Court he may have a Prohibition P. 14. Car. 1. B. R. Wilsons Case Tr. 15. Car. 1. B. R. Barkers Case Roll's Cases 2. Part. fo 272. 7. By the Stat. 15. Car. 2. All Vestry men or those who are members of
the Ornament of the Church M. 2. Car. 1. B. R. Rolls Cases 2. Part. fo 291. 47. Note That a man ought to be rated according to his personal Estate and not according to his Lands for the Ornaments of the Church M. 20. Jac. B. R. Rolls Cases 2. Part. fo 291. 48. These things hereafter mentioned are accounted Church Reparations viz. the Walls of the Church and Church Steeple the Churchyard Walls of Stone or Brick the Windows of Stone or Brick and the Barrs of Iron and Glass the Roof of Timber with Laths Nails Prigs Dogs and Bolts of Iron the covering of Lead Tile Slates or Shingles the Floor with Stone or paving Tile the Doors of Timber with Locks Keys Ridges Hooks and Nails the furniture of the Steeple with Stairs Floors Bells Wheels and Ropes the Pulpit and the Pews or Seats not made by private men and all these are to be performed by Land Rate c. though the occupier lives in another Parish as afore-shewed 49. But these hereafter mentioned are not properly Church Reparations viz. the Communion Table with the Coverings thereof the Communion Cups the Bread and Wine for the Communicants the Bible and other Books appointed to be in Churches the washing of the Communion cloths the Candles for the Lecture days the Surplace the Pulpit Cloth and Cushion the Clerk and Sextons wages and expences of the Churchwardens and Sidemen at the Visitation and therefore all these are to be performed Ratably by the Inhabitants of the Parish and not by out dwellers CHAP. VI. Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor 50. IF any of their own authority shall wilfully disturb any Minister in his Preaching or Reading of Divine Service the Churchwardens or Constables may of their own Authority apprehend such persons and bring them to a Justice of Peace to be dealt with according to Law 1. Mar. Ch. 6. See The Constables Guide Chap. Disturbing of Ministers c. 51. These Officers are to joyn with the Overseers of the Poor in the execution of their Office for they have an equal Authority and charge with them in the execution of the whole Office therefore see afterwards in the Office of Overseers of the Poor Ch. 1. 52. If a Rogue be brought to these Officers they must receive him and look to him or forfeit 5 pound and be bound to the good behaviour Stat. 39. El. See Constables Guide Chap. Rogues c. 53. These Officers by Warrant from a Justice of Peace may levy the forfeiture for Cursing and Swearing which is twelve pence upon the Offenders Goods 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. See Constables Guide Ch. Swearing c. 54. If any forfeiture be by any offence about killing Hares Pheasants or Partridges and the Justice of Peace force the payment thereof to these Officers they are to see it imployed to the use of the Poor of the Parish 1. Jac. Ch. 27. 55. These Officers are to present the Offences against the 1. Jac. for suffering Tipling and Drunkenness and selling by unlawful measure and are to execute the Warrants from the Justices concerning the same 1. Jac. Ch. 9. 1. Car. 1. Ch. 4. 21. Jac. Ch. 7. 4. Jac. Chap. 5. See Constables Guide Ch. Alehouses c. 56 These Officers also are to execute the Warrants against such as profane the Lords Day by Sports c. 3. Car. 1. Ch. 1. Ch. 22. See Constables Guide Ch. Profanation of the Sabbath 57. These Officers also are to execute the Warrants against such as destroy Fish unlawfully 3. Jac. Chap. 12. See Constables Guide Ch. Fish c. 58. These Officers are also to joyn with the Constables in the making of Rates for the Relief of poor maimed Souldiers and Mariners and for conveying Prisoners to the Gaol and to execute the Warrants for the same 43. El. 14. El. Ch. 5. 3. Jac. Ch. 10. See Constables Guide Chap. Quarter Moneys Chap. Conveying Prisoners to the Gaol 59. These Officers are also to joyn with the Constables in the choosing of Surveyors for the High-ways and in the setting down of days for the work and in the over-sight of the High Constables Account for the Monies they do receive upon any forfeiture about the High-ways and they may also with the help of two Justices of the Peace Quor unus force High Constables that have received any monies forfeited for default of High-ways to account for it and pay in what is in their hands to be imployed about the High-ways and these Officers also are to execute the Justices Warrants for all such penalties about cleansing the streets and repairing High-ways as are forfeited by the 14. Car. 2. Ch. 2. vide 2. 3. P. M. Chap. 8. See Constables Guide Ch. High-ways 60. These Officers have equal Authority with the Constables or Overseers of the Poor about the seizing of forein Cattel imported into England c. 18. Car. 2. Ch. 2. See Constables Guide Ch. Irish Cattel 61. These Officers together with the Overseers of the Poor are to execute the Justices Warrant for levying the penalty of five pound upon the parties Goods that is not buried in Woollen which penalty is to be imployed to the use of the Poor of the Parish where such party is buried 18. Car. 2. Ch. 4. 62. These Officers in the several Parishes within the Cities of London and Borough of Southwark c. upon every Tuesday or Wednesday in Easter week together with the Constables Overseers of the Poor and Surveyors of the High-ways of every Parish respectively or the greater number of them giving notice unto or calling together such other Inhabitants of their respective Parishes as have formerly born the like Offices they or the greater number of them are to make choyce of and shall nominate and appoint two or more able persons that are Tradesmen of their Parish to be Scavengers for the Streets Lanes and other open passages of each Ward or Division within the said Parish for the year then next following and until others be chosen and setled in their places 14. Car. 2. Ch. 2 CHAP. VII The Churchwardens Office about Passing Accounts together with the Heads of most of the things which they are to present at the Visitation Court 63. ALl Churchwardens at the end of their year or within a moneth after at the most are before the Minister and Parishioners to give up a Just Account of such Monies as they have received and also what particularly they have bestowed in Reparations or otherwise for the use of the Church And last of all going out of their Office they must truly deliver up to the Parishioners whatsoever Monies or other things of Right belonging unto the Church or Parish which remains in their hands that it may be delivered over by them to the next Churchwardens by Bill Indented Vide Canon 89. 64. And if they refuse to do this they may be presented at the next Visitation Court
347. 40. And as to this know that it is enacted by the 14. Car. 2. Ch. 12. That if any Stranger come into a Parish to settle there in any Tenement under 10 l. a year and he refuse to give such Security for the Discharge of the Parish as two Justices shall think fit then any two Justices Quor unus may upon complaint to them made by the Church-wardens or Overseers within 40 days after the Stranger come into the Parish make their Warrant to send him to the place where he was last legally settled as a Native Housholder Sojourner Apprentice or Servant 40 days or more so that by this it seems to be the opinion of this Parliament that no man that Rents 10 l. a year or above is to be accounted such a poor man as to be removed by order of the Justices where any person finds himself agrieved by the two Justices order he may Appeal to the next Quarter Sessions held for that County for his Relief 14. Car. 2. Ch. 12. 41. But any person may go into any County Parish or place to work in time of Harvest or at any time to work at other work so as they carry with him or them a certificate from the Minister of the Parish one of the Churchwardens and one of the Overseers of the Poor that they have a dwelling House wherein they Inhabit and that they have left Wife and Children or some of them there and is declared an Inhabitant there and in such case if the person shall not return to the place aforesaid when his work is done or shall fall sick or impotent while he is in the said work yet this shall not be accounted a Settlement but any two Justices may send the person or persons to the place or places of his or their Habitation and if any person shall refuse to go or shall not remain in the Parish where he ought to be settled then the Justices may send such person to the House of Correction there to be punished as a Vagabond or to a publick Work-house to be imployed in work or labour 14. Car. 2. Ch. 12. This Statute as to the point aforesaid is to continue to the end of the first Sessions of the next Parliament 42. Note That no man but a Vagrant Beggar ought to be sent out of any Parish to the place of his birth or last habitation for if any refuse to work in the Parish where he is settled or to work for the wages assessed then he is by the Justices to be sent to the House of Correction Co. 2. Part. Inst fo 730. 7. Jac. Ch. 4. Resol Judges 9. Dalt J. P. Chap. 47. fo 126. 43. If a Scholar in the University or in a Grammar School begin to be suspect he may be or if he do become impotent and is like to be charge to the Parish where he is he must be sent to his Parents if he have any otherwise to the place where he was last legally settled before he came to School Resol Judges 1633. Sect. 31. 44. If one be born and live 20. years in A. and then go to B. and there live in a House and pay his Rent and after he comes to C. and there works 20. Weeks as a Labourer in a Quarry of Stones where he breaks his back and becomes impotent and there is taken vagrant and begging in this case he must be sent to A. the place of his birth and there must be provided for Resol Judges 14. Car. 1. 45. If a man that hath a Wife and Children take an House in one Parish for a year and during this time he is illegally forced out of his Possession then he takes an House as an Inmate in another Parish out of which he is put within two or three days and then not having any place to be in he gets into a Barn in the third place and there his Wife is delivered of another Child in this case they are all to be sent to the Parish out of which they were first illegally forced Resol Judg. 1633. Sect. 24. 46. One born in D. left that place for the space of 20. years then lived in S. took an house and paid rent and left that place also 6. or 7. years and then came to L. in another County and there was 20. weeks did work and there became impotent and did wander and beg in the same place and was taken as a Vagrant and it was ordered he should be passed and settled at D. where he was born by the Judges at Worcester Assizes 14. Car. 1. Boulstr Rep. 1. Part. fol. 357. 47. No Child under the Age of 7. years shall be adjudged a Rogue within the Stat. 39. El. Ch. 4. But it seems such Children vagrant and begging must be sent and placed with the Father or Husband of the Wife and if he be dead then with the Mother where she was born or last dwelt by the space of one year and such Children once thus settled or placed must there remain and not be sent from thence to their place of birth though after their Parents die or run away or that the said Children grow above the age of 7. years yea though the said Children after beg and prove vagrant in the Town for there they must be set to labour by the Overseers of the Poor Resol Judges 4. 9 10. Poult Vag 2. Dalt J. P. Ch. 47. fol. 125. 48. But Children above 7. years of age going about vagrant or begging in the Country shall be punished as Rogues and sent to their place of birth Dalt J. P. Ch. 47. fo 125. Resol Judges 4. 39. El. Ch. 4. 49. The Wife being a Vagrant Rogue must be sent to her Husband though he be but a Servant in another Town and where the Husband and Wife have an House though as an Inmate and either of them Rogue about in this case they are to be sent to the place where the house is Dalt J. P. Ch. 47. fo 125. Resol Judges 3. 5. 50. The Rogue whose place of birth or last dwelling cannot be known having Wife and Children under 7. years of age they must go with the Husband to the place where they were last wilfully suffered to pass through without punishment where the Children must be relieved by the work of their Parents though the Parents be committed to the House of Correction and if the Rogue have Children above 7. years of age that Rogue about with him then they are to be sent to the House of Correction also with the Parents and when they come out again then to their several places of births Dalt J. P. Ch. 47. fo 123. and Sheppard's Guide for J. P. pag. 252. Resol c. b. 51. If I live in an house in A. there with my Children but I work in B. where I am hired by the year in this case my Children shall be in A. but if I have an house in B. they shall be placed there Dalt
for the discharge of the Parish and bringing up and providing for the Child as any two Justices shall order and thereupon the Sessions is to dispose and sell the Goods and Chattels and the Sessions may order the Officers aforesaid what they shall receive of the Rents and Lands also for the purposes aforesaid 14. Car. 2. Ch. 12. CHAP. V. The Overseers Office in making of Rates and passing Accounts 64. THese Officers or the greater part of them for the doing and performing of the things they have in charge may raise weekly or otherwise by Taxation of every Parson Vicar and other Occupier of Land House or Tythes Cole-mines or saleable Underwoods within the Parish Town c. such a sum as they shall think fit and this Rate they must have allowed and confirmed under the hands of Two Justices Quor unus and then by Warrant from them or any other Two Justices Quor unus they may levy by distress and sale of the Goods of the party refusing to pay the said Tax rendring the Overplus to the owners and in Default of Distress two such Justices may commit the party to Prison there to remain without bayl till it be discharged by him 43. El. Ch. 2. Dalt J. P. Ch. 4. fo 97. Wingate's Stat. Tit. Poor People 65. Now these Rates ought to be well and truly made according to mens visible Estates real and personal within the place only and not for any Estate elsewhere at Lincoln Assizes 9. Car. 1. by Justice Hutton and Crook 66. Note That a Parish in Reputation shall be a Parish within this Law so that if A. be an ancient Parish that hath Officers in it and there be a Town within this Parish which for a long time hath been used and reputed as a Parish and hath all Parochial Rights as Church-wardens c. here this place may be Rated as a Parish towards the Poor Hutton's Rep. fo 93. M. 3 Car. B. R. Hilton Paul's case Cro. 3. Part. Rep. 67. This Tax must be set upon the Tenants and Occupiers of Lands and not upon the Land-Lords living within or without the Parish for the Tenant only is chargeable for the Land Bulstred's 1. Part. Rep. fo 354. 68. The Parson having a full Tenth Part of the Profits of the place may be rated to a Tenth Part. Resol Judges 1633. Sect. 32. 69. He that doth occupy Lands in his his own hands lying in several Parishes he must be charged in every Parish for his Land lying therein only according to the proportion thereof and no more but for his personal Estate it seems reasonable he should be charged for it in the place where his person is All Lands Ancients Demeasn Guildable and Copy-hold are to be charged with these Rates which ought to be according to the value or by the pound and not according to the quantity Sed Consuetudo tollit Legem 70. The Rate for Stock or Goods is thought reasonable to be set after the proportion of Lands viz. an 100 pound in Stock to be rated after 5. or 6. pound a year in Land 71. Note That in some special cases a man may be rated beyond his ability as where one brings a charge upon a Parish or under any pretence brings in a man that may be chargeable in a Parish he may if there be cause for this be raised in his Rate to the full value of his Estate and so was the opinion of Sir Nicholas Hide Dalt J. P. Ch. 40. fo 97. 72. Where the Inhabitants of any Parish are not able to relieve their Poor any two Justices Quor unus may tax other Parishes and places within the Hundred yea the whole Hundred if need require and where that is not sufficient the Justices in their Sessions may tax the County in part or wholly at their discretions 43. El. Ch. 2. Wingate's abr Stat. Tit. Poor People 14. Car. 2. Ch. 12. 73. If any persons find themselves agrieved in any Tax or other Act done by the Overseers or by the Justices of Peace they are to be Relieved at the Quarter Sessions Dalt J. P. Ch. 40. fo 97. Wingate's Abr. Stat. Tit. Poor People 74. The Father Grandfather Mother Grandmother and Children of every poor person shall be assessed towards their Relief as the Justices of the Peace in their Sessions of the Peace in the County where such Father c. dwells shall limit and appoint in pain to forfeit 20. s. a Month to the use of the Poor to be levyed by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43. El. Ch. 2. Wingate's Abr. Stat. Tit. Poor People Dalt J. P. Ch. 40. fo 98. 75. Head Officers in Cities and Corporate Towns and Aldermen of London have in their several Precincts like Authority that Justices of Peace have in their Counties and no other Justices of Peace are to enter and intermeddle there Wingate's Abr. Stat. Tit. Poor People 43. El. Ch. 2. 76. If any Parish shall extend into two Counties or part thereof to lie in any City or Corporate Town where they have Justices Then the Justices of every County c. are to intermeddle only within their own limits and every of them respectively within their limits are to execute this Law concerning the nomination of Overseers binding of Apprentices granting Warrants to levy Taxations taking Accounts of Overseers and committing such as refuse to account or to pay their Arrearages and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up Accounts to the Justices or Head Officers of both places Wingate's Abr. Stat. Title Poor Perple 43. El. Ch. 2. Dalt J. P. Ch. 40. fo 97 98. 77. These Officers within four days after the end of their year and that other Officers are nominated are to yield up a true account to two Justices Quor unus of these things following 1. What sums of mony they have received or rated and not received 2. What stock of Ware or Stuff is in their hands or in the hands of any of the Poor 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. What Poor they have suffered to wander and beg out of their Town or in the High-ways or in their Town without their directions 6. Whether they met monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferently upon all men according to their ability 8. Whether they have endeavoured to gather and levy such Assessments 9. Whether they have neglected the Justices Warrants to them or any of them directed for the levying of any forfeiture according to the Stat. 43. El. Ch. 2. Dalt J. P. Ch. 40. fo 96. 78. Now if the Churchwardens or Overseers or any of them shall refuse to make and yield a true and perfect Account to the said Justices
without leave they are not to make a pit above ten yards in hreadth or length and they are to take care that the place be filled up again at the charge of the Parish within one month after upon pain to forfeit five marks to the owner of the ground to be recovered by Action of Debt and this is by the 5. El. Ch. 13. 21. The same power also is granted to Surveyors by the 14. Car. 2. Ch. 6. to dig for Gravel Chalk Sand Stones c. in any man's ground in the Parish next adjoyning to the place where the ways are in decay if there be not sufficient in the same Parish Provided it be not in the House Garden Orchard Court Yard Park with Deer in it or in the Meadow of such party and this they may do without paying any thing for the same Sand Gravel c. only Damages to the party for the carriage of the same over his Grass c. and the pits and holes are to be filled up in such manner and under such penalties as are prescribed in the 5. El. in the Section next before shewed 14. Car. 2. Ch. 6. CHAP. III. The Surveyors Duty about cutting down Bushes Trees and Scouring of Ditches in the High-ways and also touching Presentments and Inquiries about Defaults passing of Accounts Travelling of Waggons Wayns c. 22. IF the owners of the Grounds next adjoyning to the High-ways do not keep their Hedges low and cut down their Trees and Bushes growing in the same ways they forfeit ten shillings Wingate's Abr. Stat. Tit. High-ways 5. El. Ch. 13. 8. El. Ch. 10. 23. And he that scowrs not his Ditches in the ground next adjoyning to the ground that is next the Highway to the end the water may have the better passage out of the High-way shall forfeit 12 pence for every Rod so left unscowred 18. Eliz. Ch. 10. Wingate ubi supra 24. If any scowr his Ditch by the High-way side and throw the scowring thereof into the High-way and suffer it to lie there six months he forfeits for every load thereof 12 pence and the Surveyors are to make Sluces where such banks have been heretofore made for carrying away the water out of the High-way 18. El. Ch. 10. 25. Every Surveyor may cause any Water-course or Spring of Water being in the High-way within their Parish to be turned into another mans several Ditch or Ground next adjoyning to the said way in such manner as by the discretion of the said Surveyor shall be thought meet Dalt J. P. Chap 26. fo 70. 26. Note That the Forfeitures of the Act of the 18. El. 10. must be levyed by the Surveyors for the time being by Warrant from the Justices before whom the party shall be convict by Distress and Sale of Goods which forfeitures are to be imployed towards the amendment of the High-ways and if the Surveyors neglect to do it within one year after the offence committed then the Constables and Churchwardens by like Warrant may do it 18. El. Ch. 10. Wingate Abr. Stat. Tit. High-ways 27. The Surveyors or one of them are to present to the next Justice of Peace every default upon the 2. 3. P. M. Ch. 8. 5. El. Ch. 13. within one month after it shall be made in 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 have power to inquire of the Default and shall set such Fine upon the Delinquents as they or two of them Quor unus shall think fit 5. El. Chap. 13. Dalt J. P. Ch. 26. fo 70. 28. Note That the Presentment of a Justice of Peace in Sessions upon his own knowledge shall be a good Conviction whereupon the Justices in Sessions or any two of them Quor unus may assess a Fine as well as upon a verdict of Twelve men but in this case the Delinquent shall be admitted to his Traverse as in other cases 5. El. Ch. 13. vide Rastall 199. 29. The Defaults and Offences upon these Stat. 2. 3. P. M. 5. El. 18. Eliz. are inquirable by the Justices of Peace in their Sessions or by Stewards in Leets either of which have power to set Fines upon Offenders at their discretions 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 Estreate to the Bay liff or High Constable of the Liberty and the other part to the Constables and Churchwardens of the Parish where the Offenders live 2 3. P. M. Ch. 8. 5. Eliz. Ch. 13. 18. Eliz. Ch. 10. Wingate's Abr. Stat. Tit. High-ways 30. And these Estreats shall be a sufficient Warrant for the Bayliff or Chief Constable of the Liberty to levy the said Offences by way of Distress and if no distress can be found or the party do not pay the Fine within 20. days after lawful demand thereof he or they shall forfeit double so much all which Fines and Forfeitures are to be imployed and bestowed towards the amendment of the High-ways in the Parish where the offences are committed Wingate's Alr. Stat. Tit. High-ways 2 3. P. M. Ch. 8. 31. The Bay liff or High Constable shall yearly betwixt the first of March and last of April render an Account unto the Constables and Churchwardens who have the other parts of the Estreats of the Fines of what mony they have received in pain of 40 shillings and the said Constables and Churchwardens have power to call the Bay liff or High Constable before two or more Justices of the Peace Quor unus to pass his Account who have power to commit him until he have satisfied all the Arrearages by him received save 8 d. in the pound for his own Fee and 12 d. in the pound for the Clerk of the Peace or Steward of the Leet and in this case the succeeding Constables and Churchwardens have the same power as their Predecessors had 2 3. P. M. Ch. 8. 32. Two Justices of the Peace by the Stat. 18. El. may take Accounts of the Surveyors of the ways and of the petty Constables and Churchwardens for such Forfeitures within that Statute as they have Levyed 18. El. Ch. 10. Dalt J. P. Ch. 26. fo 71. 33. By the 14. Car. 2. Ch. 6. Every person elected a Surveyor of the High-ways shall within one month after his year expired yield up to the Inhabitants of the Parish Town or Hamlet at some publick meeting appointed by the Inhabitants a perfect Account of all monies he hath received and paid within the year by reason of his said Office and of whom what sum and to whom he paid the same what monies are in Arrear for Fines Forfeitures Penalties c. And if any overplus be in his hands he shall turn the same to the next Surveyor for the use of the Parish
much to be recovered by Distress and Sale of their Goods 15. Car. 2. Ch. 1. CHAP. VI. Several Cases about the Repairs of Bridges with the names of the Statutes which concern particular Bridges 61. WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case Four Justices of the Peace whereof one to be 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 sum of mony as by their discretions they shall think convenient aswell for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the ends of any such Bridge 22. H. 8. Ch. 5. Dalt J. P. Ch. 13. fo 40. Co. 2. Part. Inst fo 701. 702. 62. But note where the Franchise City or Burrough 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 reformed by the Common Law by such Remedies as they were before the making of this Statute of 22. H. 8. Co. 2. Part. Inst fo 702. 63. And note that 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 for the whole Co. 2. Part. Inst fo 704. 64. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular person so by them Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2. Part. Inst fo 704. Dalt J. P. Ch. 13. fo 40. 65. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set and taxed which Collectors receiving the one part of the Roll indented have power thereby to collect all the Sums of Mony therein contained and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Dalt J. P. Ch. 13. fo 40. 22. H. 8. Ch. 5. Co. 2. Part. Inst fo 705. 66. The said Justices also are to appoint two Surveyors who shall see such decayed Bridges and ways repaired and amended from time to time as often as need shall require to whose hands the Collectors must pay the monies by them received Dalt J. P. Ch. 13. fo 40. 22. H. 8. Ch. 5. 67. And the said Collectors and Surveyors and their Executors and Administrators 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 Sums of Mony and if any of them refuse so to do then the said Justices of Peace from time to time by 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 convenient 22. H. 8. Ch. 5. Dalt J. P. Ch. 13. fo 40. 68. If any such Bridge be wholly in a City or other Corporate Town the Inhabitants of the said City or Corporate Town must repair it and where such Bridge lies out of such City or Corporate Town the same must be made by the Inhabitants of the Shire or Riding within which the same Bridge shall be and if part of the Bridge be in one Shire or Riding City or Corporate Town and part in another then every of them shall be charged to make and repair such part as shall lie and be within their own limits 22. H. 8. Ch. 5. Co. 2. Part. Inst fo 702. Dalt J P. Ch. 13. fo 41. 69. Bâ—t otherwise no Village or Freeman shall be compelled to make any Bâ—idge but such as of old time and by Right they were wont to make Magna Charta Ch. 15. 70. By the Common Law some persons were bound to repair Bridges Ratione tenurae suae Terrarum c. and this was binding into whose hands soever the Estate did come but they which have Lands on the one side or on the other or on both are not bound in Common Right to repair the same 44. E. 3. 31. 21. E. 4. 46 5. H. 7. 3. Crompt 186. 8. H. 7. 5. b. Co. 2. Part. Inst fo 700. 71. If a man which holdeth 100 Acres of Land ought to repair a Bridge by tenure of the same do alâ—en 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 Regist 268. a. F. N. B. 235. B. Co. 2. Part. Inst fo 700. 72. Again some by the Common Law were bound by Prescription to repair a Bridge but herein their is a diversity between Bodies Politick or Corporate Spiritual or Temporal and Natural persons For Bodies Politick c. may be bound by usage and prescription only because they are local and have a perpetual incession and never die but a Natural person cannot be bound by the Act of his Ancestor without Assets or some profit to be taken therefore 21. E 4. fo â—8 b. â—7 Ass 8. Crompt 187 Co. 2. Part. fo 700 Dalt J. P. Ch. 13. fo 41 7â— B Common Right Bridges are to be amenâ—ed by the whole County if it be not known who ought to do the same otherwise Pasch 10. E. 3. 28 29. Co. 2. Part. Inst fo 701. Crompt 186. b. â—r 10. Car 1. the case of Longford Brâ—â—ge Rolls Cases 1. Part. fo 368. Cro. Râ—p 3. Part the same Case 74. It a man Eâ—ect a Mâ—â—l for his own particular profit and cut a new course for the waâ—er 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 benefit 8. E. 2. B. R. adjudged for Bow Bridge and Channel Bridge against the Priour of Stratford Rolls Cases 1. Part. fo 368. 75. Such as are chargeable to repair a Bridge may enter upon any other mans Land or Soil 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 though the Soil be to another and if the ends be broken by the Water course he must follow the Water-course and repair the way c. Crompt 186. b. 43. Ass Dalt J. P. Ch. 13. fo 42. 76. It is provided by the 14. Car. 2. Ch. 6. That all Bridges shall have sufficient Walls or Posts and Rails on each side thereof four foot high at the least and that the same be from time to time sufficiently kept and repaired 14. Car. 2. Ch. 6. 77. The Names of some Statutes foâ— particular Bridges follow 18. H. 6. Ch. 28. for the making of Burford and Culhamford Bridge 18. El. Ch. 17. 27 El. Ch. 25. for maintenance of Rochester Bridge 18. El. Ch. 20. for Repair of the Bridges within a mile of Oxford 23. El. Ch. 11. for the maintenance of the Bridges over Toffe in Wales 39. El. Ch. 23. for making and repairing of Newport and Carlion Bridges over the River Vsk 39. El. Ch. 24. for building and maintenance of a Bridge at Wilton upon Wye near Ross in HerefordsHire 43. El. Ch. 16. for erecting and repairing Edâ—n and Presberk Bridges in Cumberland 3. Jac. Ch. 23. for making and repairing Chepstow Bridge 14. Car. 2. Ch. 6. for building and repairing Laycock and Rey Bridges in Wiltshire and Stratford Bridge in Middlesex FINIS A Guide for Treasurers of the County Stock for the Relief of Poor Maimed Souldiers and Mariners 1. THese Treasurers are certain Officers appointed by the Justices of Peace to have the charge of the Receipt and disbursement of mony taxed and levyed upon the whole County yearly for the relief of poor maimed Souldiers and Mariners For the Justices of Peace are yearly at their Quarter Sessions about Easter to choose or appoint one or two persons according to their discretions of the County for the taking and distributing of the Monies collected for the purposes aforesaid And these Treasurers by the words of the Statute ought to be Subsidie men of 10 pounds in Lands or 15 pounds in Goods but it seems if they be sufficient men this is not stood upon and these Officers are to continue in their Office one year and new ones then to be chosen in their rooms 43. El. Ch. 3. Wingate's Stat. Tit. Captains 2. Now for the raising of Mony for these Treasurers the greater part of the Justices in their Quarter Sessions have power to charge every Parish within their limits towards a weekly Relief of Maimed Souldiers and Mariners so that no Parish pay weekly above 10 pence nor under two pence nor any County which consists of above 50 Parishes pay above 6 pence one Parish with another and this is by the 43. El. Ch. 3. but it is provided further by the 14. Car. 2. Ch. 9. that the Justices may tax every Parish more than the Rates abovesaid so as it exceed not two shillings and six pence nor be under three pence per week And these Sums thus taxed must be assessed in every Parish by the Parishioners or in their Default by the Constables and Churchwardens or in their Default by the next Justice or Justices of the Peace 43. El. Ch. 3. 3. And the Constables and Church-wardens have power to levy the Tax in every Parish of every person refusing to pay the same by Distress and Sale of his Goods rendring the overplus to the owner and in the Constables and Churchwardens Default the next adjoyning Justice may distrein for the same 43. El. Ch. 3. Wingate's Stat. Tit. Captain Dalt J. P. Ch. 53. fo 135. 4. When the Tax is levyed the Constables and Churchwardens are to deliver it quarterly ten days before every Quarter Sessions to the High Constable of their Division who must deliver to the Treasurers of the County at the same Quarter Sessions all the same mony and if the Constables or Church-wardens their Executors c. fail in the payment to the High Constable within the time aforesaid then they are to forfeit 20 shillings and if the High Constable fail to pay the Treasurers every Sessions then he forfeits 40 shillings which Forfeitures as it seems the Treasurers may levy by Distress and Sale of the Offenders Goods without any Warrant rendring the overplus to to the owner and these Forfeitures are to go in Augmentation of the Treasurers Stock 43. El. Ch. 3. 5. The Maimed Souldier or Mariner which was prest shall repair if he be able to Travel to the Treasurers of the County where he was prest if he were not prest then to the Treasurers of the County where he was born or where he last dwelt by the space of three years at his Election but if he be not able to Travel then to the Treasurers of the County where he Lands and he is to bring with him a Certificate under the Hand and Seal of the Chief Commander or of the Captain under whom he served containing the particular of his hurts and services which Certificate shall also be allowed by the Muster Master or the Receiver General of the Rolls for the Muster under one of their hands 43 El. Ch. 3. 6. Then upon such a Certificate the Treasurers aforesaid may allow the party Relief to maintain him till the next Quarter Sessions and then the major part of the Justices may allow him a Pension which the Treasurers must pay him Quarterly until it shall be revoked or altered by the said Justices and this allowance is not to exceed 10 pounds per annum to a common Souldier nor 15 pounds to an Officer under a Lieutenant nor 20 pounds to a Lieutenant 43. El. Ch. 3. Wingate's Stat. Tit. Captains and Souldiers 7. But note where Souldiers and Mariners arrive far from the place where they are to receive Relief The Treasurers there shall give them Relief and a Testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required And this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtained any allowance from the Muster Master or Receiver General of the Muster Rolls Wingate's Stat. Tit. Captains and Souldiers 43. El. Ch. 3. 8. If any Souldier or Mariner beg or counterfeit a Certificate he shall be punished as a common Rogue and shall loose his Pension if he have
2. Wingate's Stat. Tit. Poor 4. And such Sums as the Justices shall appoint for the Kings Bench and Marshalsey which must be 20 shillings yearly out of each County to each of them These Officers must pay over in convenient time to the Lord Chief Justice of England and Knight Marshal for the time being equally to be divided to the uses aforesaid taking their Acquittances for the same and in default of the said Chief Justice the next antientest Justice of the Kings Bench. Wingate ubi supra 43. Eliz. Ch. 2. 5. They are to pay yearly also by a Quarterly Payment such sums of mony as shall be set down by the Justices of Peace at their Quarter Sessions unto the Masters and Governours of the Houses of Correction the which if they do refuse or neglect to do the same Masters or Governours without any Warrant may levy the same of the Goods of the said Treasurers by Distress and Sale rendring them the overplus 7. Jac. Ch. 4. 6. And the Surplusage of the mony by the Treasurers received they must distribute and bestow for the Relief of the poor Hospitals of the same County and for the Relief of those that have sustained Losses by Fire Water the Sea or other Casualties according to the discretion of the Justices of the Peace of the same County Wingate's Stat. Tit. Poor 43. Eliz. Ch. 2. 7. These Officers at the end of their year at Easter Sessions are to give an account to the succeeding Treasurers of all their Receipts and Disbursements in the time of their Office And then also if they have any mony in their hands they are to deliver up the same to the succeeding Treasurers And if any Treasurer so elected as before shall wilfully refuse to take upon him the said Office of Treasurership or to distribute and give Relief or to account according to that order the Justices shall set down the Justices may Fine them at their Sessions which Fine must not be under three pounds 43. Eliz. Ch. 2. FINIS A Guide for Masters of the House of Correction and Governours of the Corporations or Work-Houses in London Westminster c. 1. THe Governour or Master of the House of Correction is an Officer appointed by the Justices of Peace at their Quarter Sessions to have the Oversight and Government of the House of Correction within their County or Riding of whom the Justices are to take sufficient Security for the continuance and performance of the Service belonging to his Office and the Justices are to set down what allowance they shall have for their pains which may be charged upon the County and for the Relief of such as shall happen to be weak and sick in their custody and for the Stock to set on work such persons as shall be committed thither and they may set down other orders concerning the same according to their discretions and the mony allowed to these Officers by the Justices as aforesaid is to be paid Quarterly before hand by the Treasurers of the County for the Relief of the Prisoners in the Kings Bench and Marshalsey and if the Treasurers refuse or neglect to pay it the Master of the House of Correction may levy the same or so much thereof as shall be unpaid upon the Treasurers Account by Distress and Sale of their Goods rendring back the overplus of the mony 39. El. Ch. 4. 7. Jac. Ch. 4. 2. Now the Office and Duty of this officer consists in these things following viz. To look well to the same House and the backside thereof and to all the Implements and Goods he doth find there and to look to all such lewd persons as he finds there at his entrance and to receive all such Rogues Vagabonds and idle or disorderly persons as by any of the Justices of Peace shall be sent thither Co. 2. Part. Inst fo 731. 3. He is also to keep safely all such as are committed to his custody and not to suffer them to wander abroad about the Country or to escape away without order of Justices 7. Jac. Ch. 4. Co. 2. Part. Inst fo 734. 4. He is also to see and take care that amongst the persons committed to his charge if there be any Sick or otherwise Impotent that stands in need of Relief that he do relieve them according to their necessity 7. Jac. Ch. 4. Co. 2. Part. Inst fo 732. 5. And for the rest that are able to work he is to see and take care that from time to time as long as they remain there they be set to work and labour for during that time they must in no sort be chargeable to the Country for any allowance either at their coming in or going forth or abode there for they are to have such and so much allowance only as they shall deserve by their own labour and work and if they will not work and perform their Task he is to punish them as he sees cause with putting on Fetters or Gives upon them and by moderate whipping of them 7. Jac. Ch. 4. Co. 2. Part. Inst fo 731. 6. And lastly at every Quarter Sessions the Master is to give an account of all such persons as have been committed to his custody And if he offend in any of these particulars before rehearsed or in any other Duty incident to his Office the Justices of Peace may impose such Fines and Penalties upon him for the same as they shall think fit and these Fines must be paid unto and must be accounted for by the Treasurer of the County Stock for the Kings Bench and Marshalsey c. 7. Jac. Ch. 4. Co. 2. Inst fo 734. 7. Now touching the Corporations and Work-houses in London and Westminster and within the Burrough Towns and places of the County of Middlesex and Surrey within the weekly Bills of Mortality and their Officers these things are to be observed following First it is ordained that there shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and the Burroughs and places within the Counties of Middlesex and Surrey lying within the Weekly Bills of Mortality consisting of a President Deputy President and Treasurer and the Lord Maior to be President of the Corporation Work-house or Work-houses within the City of London and the Aldermen and 52 other Citizens to be chosen by the Common Counsel to be Assistants which President and Assistants or the major part of them are to choose a Deputy President and Treasurer and all other necessary Officers to execure the powers appointed by the Act and a President Deputy President Treasurer and Assistants are to be appointed by the Lord Chancellour or Lord Keeper of the Great Seal for the City of Westminster and the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same and for the said places within the Weekly Bills of Mortality in the Counties of Middlesex and Surry a President Deputy and Treasurers are to
be chosen by the major part of the Justices of the said Counties at their Quarter Sessions of the most able Inhabitants and Freeholders of the said Counties of Middlesex and Surrey for the Corporation or Corporations Work or Work-houses of the said Counties 14. Car. 2. Ch. 12. 8. And upon Vacancy Death or otherwise of any of the Presidents Deputy Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey the major part of the Justices at their General Quarter Sessions have power to elect others in their rooms and at every Quarter Sessions the said Justices are to take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how and how many poor people have been imployed and set to work in the year last past and what Stock there was and is remaining 14. Car. 2. Ch. 12. 9. The President Deputy President Treasurers and Assistants aforesaid shall be Bodies Politick and Corporate for ever and shall have a perpetual Succession and may sue plead and be impleaded by the Name of President and Governours of the Poor for the respective places aforesaid in all Courts and places of Judicature within the Kingdom of England and Wales c. and may without Licence in Mortmain Purchase or receive any Lands c. not exceeding the yearly value of 3000 l. per annum of the Gift Alienation or Devise of any person or persons and every of the Corporations may keep Courts for the ends and purposes in the Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are upon the desire of any four of the said Corporation at any time to cause a Court to be warned accordingly and may from time to time make Common Seals for the use of the Respective Corporations 14. Car. 2. Ch. 12. 10. The Respective Presidents and Governours of the said Corporations or any two of them or any person authorized and appointed by them of any two of them may from time to time apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or idle and disorderly persons within the said Cities and Liberties Places Divisions and Precincts and cause them to be kept and set to work in the several and respective Corporations or Work-houses 14. Car. 2. Ch. 12. 11. If the President and Governours of any of the said Corporations shall certifie under their Seals at any time their want of mony for a Stock and what Sum they think fit for the same to the Common Counsel of the City of London and the Burgesses and Justices of Peace in their Quarter Sessions for Westminster or to the Justices of the respective Counties for Middlesex and Surrey in their Quarter Sessions then they are from time to time to set down and ascertain such competent sums of mony for the purposes aforesaid not exceeding one years Rate usually set upon any person for and towards the Relief of the Poor and the same to proportion out of the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit and according to the said Proportions for the said several Wards Precincts and Parishes to Tax and Rate the several Inhabitants within the said respective Wards Precincts and Parishes in which Tax if any shall find himself agrieved he or they are to appeal to the Justices of the Peace at their next open Sessions where the business is to be finally ended 14. Car. 2. Ch. 12. 12. And any Alderman of London or his Deputy Burgesses and Justices of Peace of the Counties of Middlesex and Surrey by Warrant under their Hands and Seals may Authorize the Church-wardens or Overseers of the Poor within the places and Parishes aforesaid to receive and demand of every person and persons such sums of mony as shall be assessed upon them by vertue of the Taxations and Constitutions aforesaid and for default of payment within ten days after demand or notice left at the dwelling house or lodging of every person assessed then to levy the same by Distress and Sale of his Goods rendring him the overplus 14. Car. 2. Ch. 12. 13. The Respective President and Governours or seaven of them may make and constitute Orders and By-laws for the better relieving regulating and setting the Poor to work apprehending and punishing of Rogues and Vagabonds within the Cities Liberties and places aforesaid provided the said By-Laws be presented to the Justices of Peace at their Quarter Sessions and confirmed by the order of the said Court And the Presidents and Governours or four of them of any of the said Corporations or Work-houses may choose and entertain all such Officers as shall be needful to be imployed in and about the premisses and remove them as they see cause and make such reasonable allowances unto them out of the Stock belonging to the Work-house as they shall think fit 14. Car. 2. Ch. 12. 14. This Act is not to prejudice any the Franchises Rights Liberties or Priviledges heretofore granted by any Kings or Queens of this Realm to the Dean and Chapter of the Collegiate Church of St. Peter's in Westminster 14. Car. 2. Ch. 12. FINIS A GUIDE FOR Bayliffs of Mannours 1. THe Bayliff of a Mannour is an Officer chosen by the Lord of the Mannour ' and this Officer by the ancient Saxons was called a Reeve for the name Bayliff was not known among them but came in with the Normans it seems Termes de Ley verb. Bayliff 2. This Officer is to Summon and call the Lords Courts and to collect his Rents Fines Harriots Amerciaments and other profits hapning within the Mannour as they grow due and he may seiz or distrain for them ex Officio where seizure and distress is justifiable without any special command of the Lord he may also pay Quit-Rents Termes de Ley ubi supra 3. It is said he may also order his Lords Husbandry distrain Beasts damage Feasant repair any Houses Hays or Pales and for that purpose cut down Timber or Trees but it is not safe for him to build a new House or set up an old House that is faln or to make any new Additions or Alterations as to Tyle the House which before was Thatched or pale it where before it was hedged or the like without a special command from his Lord so to do for otherwise he will be a Trespasser to the Lord. 4. It is said also that he may take any Cattel for his Lord to compast his ground as an Agistment and cut down Underwoods that have been used to be cut and he is to over-see and order the Labour of other Labourers and Servants under him about his Lords work 5. And lastly These Officers are to give Account to their Lords of all their Receipts and Disbursements and pay in to him the mony remaining in their hands being required thereunto and