to be levied by Distress and Sale of Goods and converted to the use of the Poor of the Parish and this to be done by the Constable and Churchwardens by Warrant from a Justice of the Peace of the same County and upon Distress and Sale the Overplus to be returned to the Owner of the Goods if any such remain and a Constable c. refusing or neglecting to execute any such Warrant to him directed forfeits for such his contempt 40 s. upon failure of Goods to levy the Distress upon such Alehouse keeper the Constable being impowered by the Warrant aforesaid may openly whip or cause the Offender to be whipped in his presence the Goods upon Distress are to be sold in three Days the Offence to be proved before the Justice of the Peace who grants the Warrant and the Justice upon Default of the Constable in executing his Office relating to the Premises may commit him to Goal till he causes the Offender to be whipped or pay the Forty Shillings to the use of the poor 3 Car. 2. Chap. 3. Dalt Just P. Chap. 7. Folio 31 32. If a Warrant be directed from a Justice of the Peace to a Constable and Churchwardens against an Inn-keeper Alehouse-keeper or Victualer for suffering excessive drinking or tipling in his House as any Townsman or others so tipling or being Drunk and he neglects to do his Duty he forfeits 10 s. to be levied by Distress and Sale of Goods to the use of the poor of the parish Any person for excessive tipling is to pay 3 s. 4 d. or to sit in the Stocks 4 Hours for being drunk 5 s. or to sit in the Stocks 6 Hours if the Mony be not paid or there be no Goods belonging to the Offender whereon Distress is to be made and the Inn-keeper Alehouse-keeper or Victualer for suffering such Offences in his House upon due proof forfeits 10 s. and the Distress made must be sold in 6 Days if the Mony of the Distress be not in the mean while payed and if such Alehouse-keeper Victualer c. refuses to sell a full Ale Quart of the best Ale or Beer for one penny or two Quarts of small Beer for a penny or selling less than such Measure the party so offending forfeits 20 s. for every Offence to be levied as aforesaid And if in these particulars no Distress be found or if the Officer neglects within 20 Days to certifie the Default to the Justices the Officer forfeits 40 s. to levied by Distress and Sale of Goods to the use of the poor by Warrant to be directed to any indifferent person under the Hands and Seals of one or two Justices of the Peace and for Default of such Distress the Justice may send send the Offenders to prison there to remain till the Forfeitures are paid pursuant to the Statute 1 Jacobi Chap. 9. 1 Car. 1. Chap. 4. and some other Statutes relating to these Forfeitures and Penalties in Particulars and Generals but Offences of this Nature are to be enquired into within 6 Months after they are committed and the Constable and other Parish Officers may be charged upon Oath to make a due presentment of them As for Ale-measure here it is meant Winchester Measure the Statute not being repealed by reason of Excise and Dearness of Hops and Malt to what it was in former times the price of Drink is raised by the Brewers that a Winchester Quart of strong Beer or Ale stands the Victualler in more than a penny yet let them beware of raising it to an extorting price lest this Statute may be made use of to keep their Consciences within Bounds of Moderation If any Alehouse-keeper refuse to lodg a wafaring Person or Traveller he or she offering Mony for the Victuals and Drink c. in present pay the Constable upon such Refusal may cause such Alehouse-keeper or Inn-keeper to be indicted at the Sessions or Assizes where he may be Fined or Imprisoned or the Party so refused may bring his Action on the case but then ready Mony must have been offered before-hand if required Coke 9. Rep. Folio 87. b. 10. Hen. 7. 8. Dalton Just P. Chap. 7. Folio 28. They lye liable to Penalties also for keeping any gaming in their Houses or Backsides and indeed the Laws are very strict in these Cases to prevent Mischief and Inconveniency CHAP. LVIII The Office of a Constable c. relating to Weights and Measures in Cities Towns Corporate c. IN the Market Towns Cities and Borroughs there ought to be common sealed Weights and Measures at which the Inhabitants may be freely allowed to weigh and all Foreigners must pay for every Draught under 40 l. one Farthing and for a Draught between 40. and 100. a Half-penny and for a Draught between 100. and 1000. a Penny which Mony is to go towards the maintaining the Weights and the Person that attends the Service or the Officers that attend the Service may have his Reward at the Discretion of the Inhabitants 8 Hen. 6. Chap. 5. And if in a City such common Weights and Measures are wanting it forfeits to the King 10 l. every Borough 5 l. and every Town where publick Market is held 40 s. and the Chief Officers of such places are upon the Request of the Inhabitants c. to them made to Seal and Mark such Weights and Measures for any of the King's Subjects taking for Sealing and Marking as the Statute in that case directs and none ought to Weigh or Measure with any other than what are Sealed and Marked 8 Hen. 6. Chap. 5. 11 Hen. 7. Chap. 4. And for the more regular and due observing of this that no Frauds in this kind may be the Mayors and Chief Officers in Cities Burroughs c. once every Year at the least are to view all Measures and Weights within their Jurisdiction and to burn or break such as are not Sealed or less than Measure or Weight according to the King's Standard also to Amerce the Offendor viz. For the first Offence 6 s. 8 d. for the second Offence 13 s. 4 d. and for the third Offence 20 s. and over and above the Offendor may be Adjudged to to be set in the Pillory 11 Hen. 7. Chap. 4. CHAP. LIX The Office and Duty of a Constable in setting and ordering the Watches Forcible Entries c. FOR the better Security and quiet Repose of the Inhabitants in every Town Village Parish and Tything a Watch every Night from Ascension day till Michaelmas ought to be kept from Sun-set to Sun-rising which the Constables and other Officers there appointed must cause to be set by two four or more able Men according to the largeness of the Place 13. Edw. 1 Chap. 4. Poulton Tit. Watch 1 Dalt 60. Folio 140. The Watches thus Lawfully set by Authority have Power to Examine such Persons as pass by them in the Night being Strangers on others and finding a reasonable ground for Cause of Suspicion they may secure them
by the Act made the 14 Caroli 2. such as have Authority by Writ of Assistance under the Seal of the Court of Exchequer may take to their Assistance the Constable Headborough or other Peace Officer inhabiting near the place and in the Day time enter the House Shop Cellar Warehouse Rooms or other place and in case of Refusal or Resistance break open Doors Packs Chests Trunks or such places and take away such uncustomed and prohibited Goods as they shall there find and convey them to the King's Store-house in such Port as is next to the place where the Merchandise shall be seized see further 13 Car. 2. Chap. 11. And if the Officers of the Customs or any acting being assisting or aiding to them shall be sued indicted prosecuted or molested such Person or Persons his or their Heirs Executors and Administrators may plead the general Issue and give any of the Acts relating to the Customs in Evidence in any of the King's Courts of Justice 14 Car. 2. chap. 11. CHAP. LVIII The Office of a Constable relating to Clothiers and Irish Cattel c. IT is the Headborough or Constable's Duty upon Request to be aiding and assisting to the Wardens and Assistants for regulating the Worsted Trade and other Stuffs made at Norwich in the County of Norfolk and usually called Norwich Stuffs 14 Car. 2. chap. 5. And the Constables in the West Riding of Yorkshire by Warrant directed from the Justices of the Peace the Masters and Wardens of the Corporation or any 13 of them are impowred to levy such Fines Penalties and Forfeitures as by Virtue of the Statute mentioned shall become due from any Clothier and this to be done by Distress and Sale of the Offender's Goods c. the overplus to be restored to the Owner if any remain upon demand 14 Car. 2. chap. 5. The Justices of Peace and High Constable have power to search any House Ware-house or other place for Tenters Ring-ropes Head-wrenches or such other things used in the Stretching Cloth and such as they find they may deface and the second time they are used they may take them away and sell them the Money to be to the Use of the Poor to be distributed as they shall see fit 33 Eliz. chap. 20. All the Clothiers must pay their Spinsters and other Workfolks in ready Money and not in Wares and their Wool to be delivered to them in due weight under the Penalty of 6 d. Forfeiture for every Default and those Workfolks are to do their Work faithfully under forfeiting double Damages to the Party grieved 4 Edw. 3. Chap. 1. Fitz. Just P. 103. And the Masters or Head-Officers in a Corporation where no Master is and out of a Corporation the Justice of Peace High-Constable and Stewards of Leets shall hear and determine such Matters as arise upon Complaint as Non-payment of Wages or Damages as before-mentioned and upon due Examination if they find cause they commit the persons offending to Goal till such time Satisfaction be made to the party aggrieved Stat. ibid. Irish Cattel are not to be brought into England under the Penalty of their being seized by the Constable Head-officer or any other person or persons and to prevent fraudulent Seizures and Compositions the party or parties so seizing shall within six days after cause the said Cattel Sheep or Swine to be Killed and the Hides and Tallow to be to the Seizor and the rest distributed by the Church-wardens and Overseers among the poor of the Parish where any large Cattel Sheep or Swine shall be Imported or found and such Seizure the Overseer of the poor or Church-warden so neglecting or failing in his Duty shall for every one of the large Cattel forfeit 40 s. and 10 s. for any of the smaller Cattel as Sheep Swine c. which should have been Killed and distributed as aforesaid To be levyed by Distress and Sale of Goods one half to the Poor of the said Parish and the other to him that does inform and this to be done by Warrant and under Hand and Seal of any one Justice of the Peace and for want of such Distress the Offender to be Imprisoned without Bail for the space of 3 Months Mutton or Lamb Imported is subject to the like Seizure and Penalties as Beef Pork and Bacon as also Butter and Cheese Imported from Ireland and English Cattel purposely intermixed with Irish to colour a Defraud shall be reputed Irish and lyable as the same in all Respects 32 Caroli 2. Chap. 2. And indeed all Cattel Imported into England from any Country beyond the Seas or into the Dominion of Wales or Town of Berwick upon Tweed are seizable unless from Man Island and they to be landed in the Port of Chester or Members thereof and they not to exceed 600 in one Year and to be of no other Breed but of that Island Note the Cattel seized as aforesaid are to be kept in some publick place by the space of 48 Hours and if in that space the Owner or Owners or any for him or them shall before a Justice of the Peace of the fame County where the Seisure is made make out by the Oath of two Credible Witnesses that the said Cattel were brought from no part beyond the Seas the Isle of Man excepted then upon Warrant from the Justice they are to be Re-delivered to the Owner as the 18 of Caroli 2 directs revived with some others on this Subject and made perpetual by the 32 of Caroli 2. CHAP. LXIV Rates for the Relief of poor maimed Soldiers Mariners Prisoners c. How to be gathered and Ordered c. WHere Money is Rated for Relief of the Poor maimed Soldiers Mariners Prisoners c. The Constable within his Constabulary upon refusal or neglect of Payment may as also the Church-wardens Levy it by Distress and Sale of Goods rendring the overplus to the Owner if any there be 43 Eliz. c. 3. Wingate's Stat. Tit. Captains and Soldiers c. All Money in this manner and to the use aforesaid Collected must be quarterly delivered to the high Constable ten Days before the Quarter-Sessions or in Default the Constables Church-wardens their Executors or Administrators are to pay 20 s. by way of Forfeiture and the high Constable so receiving is to pay it to the Treasurers appointed by the Justices to receive it or upon Default he forfeits 40 s the Forfeitures to be Levied and Employed by the Treasurer for encreasing the Stock for the aforesaid Uses 43 Eliz. Chap. 3 c. The high Constables are under the Penalty of five Pounds to pay such Mony Quarterly at every Sessions to such Treasurers or Collectors as is raised in the respective Parishes and payed to them by the Constables and Church-wardens for the Relief of poor Prisoners 14 Eliz. Chap. 5. c. And they may make Distress as in case of maimed Soldiers aforesaid upon refusal or neglect of payment for Mony so Rated for the Relief of poor Prisoners
Common Pleas. Dy. Dyer sometimes Lord Chief Justice of the Common Pleas. Dr. certain Directions or Resolutions of the Judges of Assize Anno 1643. Co. Sr. Edward Coke sometimes Ld. Chief Justice of the King's Bench viz. his Book of Reports Co Lit. Sr. Edw. Coke's first part of his Institutes upon Littleton Fi. M. Hen. Finch Apprentice del Ley. P. Pl. Plow Mr. Plowden's Commentaries Ras. or Rast Rastals Abridgment oâ— the Statutes Lib. Intr. The Book of Entries Cr. Cro. or Crom. Cromptons Justicâ— of the Peace P. Po. or Pol. Mr. Polton's Abridgâ—ment of the Statutes P. R. Mr. Polton deâ— pace Regis B. A. Sr. Francis Bacon his Elementâ— of the common Law B. A. V. his use oâ— the Law Resol of the Judges Resolution of the Judges of Assize Anno 1633. to certain Queries Wing Wingates Abridgment of the Statutes As for the Statutes cited I conclude they are easy to be directed to by what is set down from the Names of the Kings and Queens as 2 R. 2. the Second of Richard the second 6 Hen. 7. the sixth of Henry the 7. P. M. Philip and Mary El. or Eliz. Queen Elizabeth Jâ—c or Jacobi I. King James the first and so of others For where there have been more Kings of a Name than one the figure is set down to distinguish that King in what Reign the Statute was made from the rest as Edw. 1. Edw. 2. Edw. 3. Edw. 4. The Experienced Justice of Peace In Respect to his Power in and out of Sessions in many Cases of great Importance useful for Justices their Clerks and others CHAP. I. The Antiquity of a Justice of the Peace his Power and what he may do the Execution of his Office in many material Cases THE Power of a Justice of the Peace is very great and is a main Propp and Pillar of good Government in taking Care to prevent and Punish Offences whereby the Peace is Conserved and Men maintained in their Rights and the Possessions of their Goods and Chattels c. peaceably whereas were there not such Over-awing Magistrates Offenders would be Imboldened to make more frequent Depredations and Strength and Violence would seize upon what the Weaker could no ways defend against them were not the Law by this means very much their Aid and Safeguard This Office is of great Antiquity and has all along held up a venerable Esteem and Good-liking among the People who find great Advantage and Benefit by those so Commissioned being usually Men of Estates Discreet and Judicious capable of discerning Truth from Falsehood and to relieve the Injured and restrain Oppressors to punish Criminals and Discharge the Innocent and Faultless Justices of the Peace were Created 1 Ed. 3. Chap. 15. Dalt 6. Lamb. 10. But they were first named so by 36 Edw. 3. Chap. 12. A Justice of the Peace is a Judge of Record from whence called Justices and before 1 Ed. 3. they were called Conservators 3. Cro. 29 c. He may take Recognizance of Peace which none can do but a Judge of Record Lam. 186. Dalt 8. Crompt 196. a Num. 1. He is called Commissioner of the Peace by reason he is Authorized by the King's Commission so Custos Pacis or Keeper of the Peace the same with Justiciarius Pacis or Justice of the Peace And the Constitution of Justices of Peace is Inherent and Inseparable from the Crown Stat. 27. Hen. 8. And this Power cannot be Transferred 20 H. 7. His Warrant is not to be disputed by the Constable for any thing wherein he hath Jurisdiction of the Cause Dalt 8. Cap. 147. 6. c. In some Cases the Testimony of a Justice of the Peace is of as great Force and in some Cases greater than an Indictment of 12 Men upon Oath viz. In Case of Presentments of Highways Force Riot Dalt 9. Lamb. 65. A Justice of the Peace being Assaulted may Commit the Party so offending to prison Dalt 371. Lamb. 134. Crompt 68. a. If a Justice see one about to make an Affray and charge him to keep the Peace and he answers he will not he may bind him to his good Behaviour Dalt 294. A Justice of the Peace must proceed by Prescript of the Statute and Commission Dalt 22. Where the Statute referre to the Tryal to the Justice's Discretion it seemeth he may examin upon Oath Dalt 20. Every Justice of the Peace is a proper Conservator of Rivers within his County Lamb. 189. And Justices of the Peace at Sessions are of equal Authority Lamb. 385 c. Vide Crompt 122. a Nu. 33. If a Felon be brought before a Justice of the Peace upon suspicion though it appear to the Justice he be not guilty nevertheless he may not be set at Liberty but so that he may come to his Tryal Lamb. 233. Dalt 389. Cro. 40. b. Nu. 20. Otherways it will prove a voluntary Escape in the Justice for he is not to be delivered by any Man's Discretion Dalt 8. Lamb. 223. CHAP. II. What may be done by a Justice of Peace Ex Officio c. HE may Record a Demurrer upon Evidence Lamb. 539. He may give Day to the Party to bring in Records which is before other Justices which is Pleaded by way of Justification Lamb. 539. In Absence of the King's Attorney a Justice of the Peace may take Issue with one that Pleadeth a Pardon that he is one of the Parties Excepted Lamb. 540. A Justice of the Peace may take Money for the Security of the Peace in deposito where Bail cannot be procured and which upon the Party so depositing the Money breaking the Peace shall be forfeited to the King Just Berkley 1 Cro. 446. If upon supposing an Indictment to be void the Justices have discharged the Prisoner paying his Fees yet upon change of their Opinion they may stay him any time before Judgment Lamb. 540. Justices of the Peace may inquire of all manner of Felonies at the Common Law or given by any Statute and of all manner of Trespasses against the King's Peace and such Trespasses wherein Actions of the Case will lye for Trespasses or Deceit and in the end of the Writ grounded upon the Case It is contained Contra Pacem nostram Crompt 8. a. Num. 25. Defaults against the Statute of 3 Hen. 6. Chap. 11. For Levying of Wages for Knights of the Shire are to be heard and determined by Inquiry for the King or Action for the Party before the Justice of Peace Lamb. 512. A Justice of the Peace has no need to shew his Commission by which he is made Justice of Peace when he Justifieth the doing of any thing as a Justice for he is Justice of Record and the Commission remaineth with the custos Rotulorum of the same County and he is called by Commission in open Assize or Sessions Crompt 120. b. Nu. 13. Lamb. 387. A Justice of Peace may have his Action of the Case against the Party that calleth him false Justice of the Peace it also
of N. and to the Deputy or Deputies there and every of them And in case one be Committed for a Fact where the Statute appoints the Fine upon the Parties being Convicted before a Justice of the Peace by Witness or his own Confession the Fact must be at large set down as also the Penalty or Summ and then it must be to continue him till he pays the Money therein mentioned as in Case of Unlawful Fishing Hunting Shooting of Conies Pidgeons or the like with Hand-gun c. CHAP. XXIV The Form of Bailment by the Justices of the Peace c. The Form of the Liberate to deliver a Prisoner Committed for Felony Rutland A. D. and C. D. Esquires two of His Majesties Justices of the Peace to the Keeper c. of His Majesties Goal in the County aforesaid Greeting Forasmuch as G. F. c. Labourer hath before us found sufficient Main-prize to appear before the Justices of the Goal-delivery at the next General Goal-delivery to be holden in the said County there to answer to such things as shall be then and there 〈◊〉 â—he behalf of our said Sovereign Lord the King objected against him and namely to the Felonious taking five Geese for the Suspicion whereof he was taken and Committed to your said Go l we Command you on the Behalf of our Sovereign Lord that if the said G. F. do remain in your said Goal for the said Cause and for none other Then you forbear to Grieve or Detain him any longer but that you deliver him thence and suffer him to go at large and that upon Pain that will fall thereon Given under our Hands and Seals this c. The Form of another Bailment where the Goaler can conveniently bring the Prisoner before the Justices Cantabr Memorandum quod Decimo die Novembris c. L. C. de G. c. W. W. de M. c. Venerunt coram nobis S. T. P. T. Militibus duobus Justic Domini Regis ad Pacem Com. praedict conservand Assignat apud H. in Com. praedict Manucep pro G. L. de c. utrumque eorum sub poena viginti Libra c. praedict G. L. nunc ibidem similiter Assumit sub poena Quadraginta Librar consimilis Monetae Angliae de Bonis Catallis Tenement eorum cujuslibet eorum ad opus usum dicti Dom. Reg. Haered Successor suorum fieri levari si praefat L. C. defecerit in conditione indorsata The Condition of this Recognizance is such that if the within Bounden L. C. shall make his Personal Appearance before the King's Majesty's Justices of the Peace at the next general Sessions to be holden for this County then and there to make Answer to our Sovereign Lord the King for and concerning the Suspicion of Stealing five Sheep whereof he standeth charged then this Obligation to be void and of none Effect or else to be and remain in full Force and Virtue c. A Warrant to deliver a Servant out of a Goal Sussex F. B. Armiger unus Justic Domini Regis c. Custodi Gaolae dicti Domini Regis in compraedict Salutem Quia C. W. de R. Labourer coram me invenit sufficient Securitat essendi coram Justic dicti Dom. Reg. ad pacem in com praedict conservand c. ad proximam Generalem Sessinem pacis in com praedict tenend ad respondend tam dicto Dom. Reg. quam D. C. de N. de Transgres contemptu suis contra formam Stat. de servientibus nuper edit provis ideo tibi ex parte dicti Dom. Reg. mando quod praedict C. W. a Prisona tua si ea occasione non aliâ ibid. deteneatur sine dilatione delib fac Dat. c. ☞ Note wheresoever a Justice of the Peace upon his own Motion or Discretion hath committed a Party to the common Goal or any other Goal or House of Correction for want of Sureties for the Peace good Behaviour or for being a vagrant or idle Person or such like it seemeth the same Justice in like discretion may afterwards discharge him again and make his Liberate or Warrant to deliver such Prisoner c. vide 14 Hen. 6. Folio 8. Tit. Impris 27. The Form of a Bailment for the Peace the Party being in Prison Memorand c. B. A. de C. C. D. de L. L. L. C. de M. venerunt coram me G. W. c. manuca erunt pro R. B. de L. quod ipse pacem geret erga cunctum Populum Domini Regis praecipue erga S. I. sub poena cujuslibet manucaptor viginti Librar quod praedict R. B. comparebiâ— coram Justic Domini Regis ad proximam Generalem Sessionem Pacis pro Com. praedict tenend apud L. in Com. praedict c. Dat. CHAP. XXV The Form of Releases by Justices of the Peace c. The Forms of the Release of a Justice of the Peace EGO praefat L. D. qui supra nominatum A. B. ad praed Securitat Pacis inveniend ex mea Discretione compuli eandem securitat Pacis quantum in me est ex mea Discretione primo die Decembris c. remisi relaxavi In cujus rei Testimon huic praesenti relaxationi meae sigillum meum apposui Dat. Die Anno superdictis The Form of the Release of a Party before the same Justice that took it Ebor. Memorand quod Decimo Die Novembris c. praefat L. K. venit coram me R. G. Gratis remisit relaxavit quantum in se est praedict securitat pacis per ipsum coram me versus supra nominatum B. A. petitam In cujus rei Testimon ego praefat R. G. sigillum meum apposui Dat. c. ☞ Note that these two Releases are to be written under the Recognizance it self and if the Justice shall only Subscribe his Name without his Seal it is sufficient especially where the Recognizance is not Sealed Or the Release of the Party may be by it self in this Form Cantab. Memorand quod D. C. de S. in compraedict Yeoman Vicesimo Die Decembris Anno Regni Dom. nostri c. venit coram me B. I. Armig. uno Justic dicti Dom. Regis ad Pacem in Com. praedict conservand assign apud W. in com praed ibi remisit gratis relaxavit W. L. de S. in Com. praed Labourer Securitatem pacis per ipsum D. C. versus dictum W. L. coram me petitam Dat. Die Anno supradictis And if the Release be made before another Justice who took not or hath not the Recognizance it may be thus Memorand quod D C. de S. in com praedict Yeoman Vicesimo Die Decembris venit coram me D. N. Armig. uno Justic dicti Dom. Regis ad Pacem in com praed conservand assign apud S. in com praedict Securitatem Pacis quam habet versus I. D. de V. c. penitus Remisit relaxavit Dat. Die Anno
mean time he die or be changed the Suit shall not fall or abate and when so recovered it is to be levied on the Inhabitants by way of Tax as the former 27 Eliz. Chap. 13. If any one of the Robbers be apprehended and brought to Justice and Convicted it saves the Hundred their Mony because it is looked on they have regard to watching the Roads for the secure Travelling of Passengers Also when the Action is not brought within one Year after the Robbery committed The Robbery must be committed in the King 's High Way between Sun-rise and Sun-set and Oath made of it with the Summ lost before the next Justice of the Peace with all convenient speed The Hue and Cry thereupon issued out must be made with Horse and Foot or else it is held illegal Bracton Book 3. Folio 121. Dalton Just P. Fol. 133. Who so goes not Armed and fitly prepared at the Command of the Sheriff or Constable when the Hue and Cry is issued out to Arrest the Robbers or Felons after attainder may be severely Fined and Imprisoned Westm 1. Chap. 9. Cook second part of Institutes Folio 172. CHAP. XLVII The Constables Office c In what more particularly Relating to the Conservation of the Peace THough a Constable may do his Endeavour to keep the Peace yet if it be broken he cannot take Surety for it at the request of any one H. 7. Fol. 18. Before a Warrant of the Peace be served the Constable or other Officer ought to acquaint the Party with it and charge him in the Kings Name to go along with him to put in Sureties if required and if he refuse so to do then to compel him to do it and if it be an unseasonable time that the Justices be in Bed or not to be found he may secure him under a Guard or in Prison if he will be so Rigorous till he can convey him before a Justice and is not bound to run up and down from place to place with him nor lose his time in staying till the Prisoner can send for Sureties 〈◊〉 may immediately carry him before what Justice he pleases and not submit it to the Prisoners Election nor to that of the Party that makes the Complaint unless the Warrant be special of which particular I shall speak more fully in an other place If a Constable have a Warrant of the Peace against a Person to find Sureties where the matter is palpable the Party having notice of it may supersede it by putting in Surety before another Justice to answer the Complaint the next Sessions and then if that Justice being of the same County send a Supersedeas to the Officer to discharge further Surety and he notwithstanding Arrest the Party to find Surety or Imprison him he may bring his Action of false Imprisonment against the said Constable or for the like contempt of the Officer upon a Supersedeas out of Chancery or the Kings-Bench for a Supersedeas is a Discharge of the former Warrant Dalt Just P. Chap. 69 Folio 158. Upon Notice given to a Constable or other Peace Officer or if it be upon his or their own Knowledge that a Man or Woman Adulterously cohabit together or live in Fornication being of Evil Report he may search any suspected House for them wherein he is informed or knows they are in the Night time and there apprehend them and carry them before a Magistrate to find Sureties for their good Behaviour 13 H. 7. 10. Dalt Just P. Chap. 75. Folio 189. If any one abuse or affront a Constable in the Execution of his Office either by Word or Action he may have him bound over to the good Behaviour for such his Offence and Fined before the Justices in their Sessions as they see fit upon Proof c. Fitz. 207. Crompt 135. All injurious Force and Violence used against the Person Lands Goods or other Possessions or Chattels of a Man or Woman is held a breach of the Peace whether it be by threatning Words Furious Gestures or Bodily Force Dalt Chap. 3. Fol. 9. Note upon any Disputes in an Alehouse or Tavern c. about paying the Reckoning and the Parties offer to make their Escapes without paying if there be no Swords Drawn Beating Wounding or visible breach of the Peace the Constable is not bound to go though sent for nor is it Warrantable for him to Arrest and carry them before a Justice unless a Warrant be put into his Hand for this is only a Debt and the Party aggrieved must bring his Action for the Credit he gave for the Victuals or Drink c. being freely delivered by his Consent and those Constables that are over Officious to trouble themselves this way may bring themselves into Trouble and only be laughed at by those that set them on work and counted their Stalking Horses No Warrant Writ or Process shall be served on the Lords Day commonly called Sunday except for Felony Treason or the Breach of the Peace for otherways the Service shall be void and the Justice may discharge the Warrant without examining the Parties and the Party serving it shall be obliged to answer Dammages as if no Warrant had been to the Party who is Arrested and detained by such a Warrant on the Lords Day 29 â—aroli 2. Chap. 7. CHAP. XLVIII The Office of a Constable c. Relating to the strict Observance of the Lords Day IF any Butcher Kill and Sell any Victuals on the Lords Day or any one do it for him the Constable by Distress and Sale of his Goods may levy 6 Shillings 8 Pence upon Warrant from a Justice c But the Complaint or Information must be made within six Weeks and the Party thereof Convicted before a Justice of Peace Mayor or Chief Officer upon their own view proof of two Witnesses or the Parties own Confession and they may at their Discretion gratify the Informer with the third part of the Penalty 3. Car. 1. Chap. 1. Daltons Just P. Chap. 50. Fol. 134. If any one on the Lords Day be present at or keep any Shooting Wrestling Ringing of Bells for Pleasure Bowling Church-Ales Wakes Masks or any Games Sports or Pastimes whatsoever they shall forfeit Five Shillings if above the Age of 14 if under that Age 1 Shilling to be paid by him or her that has the Government of the Party to be levyed by the Constable on Sale of Goods taken in Distress by Warrant from a Justice of Peace or Chief Magistrate and for want of such Distress the Offender to be set in the Stocks for the space of 3 Hours And any Carrier going by way of Travelling with his Horse on this Day or any Carrier Waggoner or Waynman going with any Cart Waggon Wayn or Drover with Cattel Forfeits 20 s. for every such Offence to be levyed by Distress and Sale of his or their Goods if charged and duly convicted within six Weeks after the Offence committed as in the Case of Butchers and the
High Constables of the Hundreds are every Year once in the Year at the General Sessions held for the Peace to present Popish Recusants for their Monthly Absence from Church and return the Names of their Children above Nine Years of Age being then with their Parents also their Servants together with the Age of their Children as near as they can compute or to forfeit 20 s. for every such Default which Presentments the Town-Clerks or Clerks of the Peace are to Record without taking Fees for them under a Penalty of 40 s. 3 Jacobi 1. Chap 4. Wingates Statutes Tit. Crown And if the Minister Petty Constable and Church Wardens of any Parish shall make a Complaint to the Justice of Peace that he or they suspect such a one to be a Popish Recusant but have no Proof of it then the Justice may tender the Party the Oaths in that case appointed and upon Refusal if above the Age of 18 he may commit the Party to Prison till the next Assize and then if again refused it is Premunire in a Man but a Woman Covert shall only suffer Imprisonment and remain without Bail till she take the Oath of Allegiance c. 7 Jacobi 1. Chap. 6. Wingate's Stat. Tit. Crown Dalt Just P. Chap. 45. Folio 108. By a Statute the first of William and Mary no Papist or reputed Papist refusing to make and subscribe the Declaration they are obliged to by the 30 Caroli 2. and the Oaths enjoyned in an Act for removing and preventing all Questions c. about the Assembling and Sitting of this present Parliament shall at any time after the 15th Day of May 1689 have or keep in his own Possession or at his Disposal any Horse or Horses valued above Five Pounds they are to be sold and that any two or more Justices of the Peace by a Warrant under their Hands and Seals may or shall Authorize any Person or number of Persons assisted by a Constable or his Deputy Headborough or Tything-man who are herein required to be Aiding and Assisting to search for and seize to the use of their Majesties and their Successors all such Horses above Five Pounds value as aforesaid And further note that upon any time a Proclamation being issued out to amove Papists at a distance from the City of London and Westminster other Cities and Towns Corporate the Constables by Warrant from the Justices of Peace are to make diligent search and give in the Names and places of Abode of such as stay beyond the time limited that so they may be prosecuted for their Contempt And note that ignorant persons may not be mistaken by bearing too much upon the Act made in the first Year of K. W. Q. M. for Exempting their Majesties Protestant Subjects Dissenting from the Church of England from the penalty mentioned in the 35 of Elizabeth and the 22 Caroli 2. It is thereby Enacted That all persons that take the Oaths and make and subscribe the Declaration therein mentioned shall not be liable to the penalty of the two former penal Acts against Conventicles However if any such Assembly of persons Dissenting from the Church of England meet for Religious Worship with the Doors Locked Barred or Bolted during any times of such Meeting together all and every such person or persons that shall come to and be at such Meeting shall not receive any Benefit from the new Law but be liable to all the Pains and Penalties recited in the Statute of 35 Eliz. and 22 Caroli 2. for such their close and concealed Meeting And further if any person differing from the Church of England a Protestant Dissenter shall be chosen to the Office of High Constable Petty Constable Churchwarden or Overseer of the Poor or any Parochial or Ward-Office any such person shall scruple to take upon him any of the said Offices in regard of the said Oaths or any other Matter or Thing required by the Law to be taken or done in respect of such Office may execute the said Office or Offices by a sufficient Deputy by him to be provided that will comply in taking the Oath c. and such a one as shall be well approved Note that the People called Quakers in Cases of Oaths may tender their Affirmation by Virtue of a late Act of His present Majesty King William the Third and that in Breach of such Affirmation they incur the Penalties as in case of Perjury CHAP. LI. A Constable's Office relating to such as shall disturb Ministers in time of Divine Service c. And what relates to Physicians TO keep Peace and Decency in Churches Chappels and such like Places of Divine Worship Note That if any one not having Authority to do it shall disturb a Preacher Lawfully Licensed Preaching Praying or at the Administration of the Sacrament either by entring into Dispute Humming Talking Laughing or any voluntary Disturbance in Ridiculing c. Any Constable or Church-warden of the place is Authorized immediately to Apprehend him or her so Offending and carry the Party before a Justice of the Peace of the same County who may commit the Offender to safe Custody and within six Days Conjunct with another Justice of the Peace examine the Matter and if it be evidently proved by two Witnesses Commit him or her to the Common-goal there to remain by the space of 3 Months and from thence to the next Quarter Sessions where upon the Offendors Reconciliation and entring into good Security for his good Abearing by the space of one whole Year he may be Released but upon standing in Contempt and remaining obstinate he shall be continued in Prison without Bail till Penitent 1 Mary 1. Sess 3. Chap. 3 Wingate's Stat. Tit. Sacraments c. And any one Rescuing such an Offender shall suffer the like Imprisonment and over and above forfeit 5 l. And the Inhabitants suffering such an Offender to escape upon Presentment before the Justices in their Sessions of the Corporation or County by the Authority aforesaid are liable to forfeit five Pounds In the City of London and seven Miles adjacent the Constables and other Officers are to be Assisting to the President of the Physitians Colledge in order to the due Execution of the Laws and Statutes belonging to the said College on Pain of a Contempt against the King's Majesty according to the Statute of 1 Mary 1. Sess 2. Chap. 9. Wingate's Stat. Tit. Physitians c. CHAP. LII The Duty and Office of a Constable in any Calamitous Time of Plague and Pestilence c. IF Persons Infected with the Plague be by the Constable commanded to keep their Houses and yet Contemptuously go abroad and Converse with other People then having the Plague Sore upon him or her it is Felony and if Infected and not having any Plague Sore yet for such Offence they are liable to be punished as Vagabonds by the Order or Appointment of a single Justice of Peace and further be bound to the good Behaviour for the space of one whole
Year upon Proof the Infection at the time he or she so Offends 1 Jacobi 1. Chap. 13. Wingate's Stat. Tit. Plague Dalt Just P. Chap. 39. Folio 91. If a Constable or such other Officer whom it concerns shall neglect or willingly refuse to Levy the Money by Warrant under the Hands and Seals of two Justices of the Peace upon the Statute for the Relief of any Town or Place Infected with the Plague by Distress and Sale of the Goods of such persons as neglect or refuse to pay on such emergency for every such Offence the said Officers are liable to forfeit Ten Shillings to be distributed among the Sick as by the Statute is directed 1 Jacobi 1. Chap. 13. Dalt Just P. Chap. 39. Folio 91. Wingate's Stat. Tit. Plague The Justices of Peace one or more of them are to appoint in their several Limits Watchmen Keepers Searchers and Buryers as likewise may the Head Officers in Towns and Corporations do the same And if any Infected person contrary to the Commandment of the Justice Constable or other Head Officer c. shall wilfully attempt to go abroad and Resist their Keepers or Watch-men they may Restrain them by Violence and Compel them by Force to keep their Houses and if they be Hurt or Wounded the Watch-man shall not be Troubled for it because it was their Duty after such Warning to have kept their Houses 1 Jacobi 1. Chap. 13. Crompt 122 c. Dalt Just P. Chap. 39. Folio 91. Wingate's Stat. Tit. Plague CHAP. LIII The Office of a Constable c. Relating to Routs and Riots and what they are THE Power of a Constable in Disorders of this Kind is very great and it is his Business to be diligent in Suppressing them as also that of the Sheriffs and others the King's Officers by reason such Tumults are of dangerous Consequence to the Government and many times as it has been known from small beginnings broke into open Rebellions and disturbed the Peace of the whole Kingdom and therefore Note where three or more Persons shall Meet and Assemble themselves together to the intent to do any unlawful Act with Violence or Force against the Person of another his Possessions or Goods as to beat kill or otherwise to hurt or without Authority to Imprison a Man in his own House or elsewhere To pull down a Wall Pale House Hedg Ditch or wrongfully to enter upon or into the Possession of another Man's House or Land c. Or without Right to cut or take away Wood Corn Grass or other Goods or Unlawfully to Hunt in any Warren or Park or with Force or Violence do any other unlawful Act against the King's Peace to the manifest Terror of the people And if they only meet to such Intent or Purpose though they afterwards depart of their own accord without putting their Intentions in Execution it is nevertheless an unlawful Assembly by reason their first Intention which occasioned them so to Assemble was with an evil Design Bro. Tit. Riots 4 5. Co. 3. Part Institutes Folio 176. Dalt Just P. Chap. 85. Folio 217. Stat. 27 Rich. 2. Chap. 8. CHAP. LIV. The Office of a Constable in what concerns it relating to Rogues Vagabonds sturdy Beggars c. TO disencumber the Kingdom of lazy persons who loyter about and decline Working in expectation to live upon others Labours by Begging or Pilfering the Law has in the following manner provided against such Nusances Therefore The Constable Headborough or Tythingman assisted by the Minister and one other Inhabitant of the Parish may take any Rogue or sturdy Beggar Vagabond c. they shall find Loytering up and down in their Parish or Precinct and strip him or her naked from the middle upwards and whip or cause to be whipped openly the said Rogue or Vagabond till the Body be bloody and then forthwith be sent away from Parish to Parish or Tything to Tything the next strait way guiding or leading to the place of the Birth of such Vagrant and if that may not be known then to the place where he or she last Inhabited or Resided by the space of one whole Year before such punishment Inflicted and if that be unknown then to the Town through which the party last past Unpunished and being there if it cannot be discovered where the party was Born or last dwelt then the Constable of that Town or place is to convey him or her to the House of Correction or Common-goal of the County there to be employed at hard Labour or put to Service for the space of one Year and if disabled by Age or Casualty as maiming c. and so not fit for Labour that Town is to be at the Charge of keeping the said Vagrant till such time as he may be placed in some Alms-house within the County by 39 Eliz. Chap. 4. Wingate's Stat. Tit. Vagabonds Bulst 2. part Reports Folio 257 Resol Judges Sect. 417. It is further provided that after such punishment is inflicted that the Vagrant shall have a Testimonial under the Hand and Seal of the Constable Tythingman or other Officer subscribed also by the Minister of the Parish testifying the Place and Day of such Punishment being inflicted and the time he is to have in going to the Place to which he is directed and if he or she loyter by the way till the time is out such Punishment may again be inflicted and so as often as the Default is made till arrived at the limited Place and such Testimonial Especial in Substance is to be registred by the Minister in a Book kept for that purpose or in defect he to forfeit 5 s. Dalt Folio 129. CHAP. LV. A Copy of a Testimonial in Manner and Form as in this Case the Law directs N. T. A Sturdy Vagrant Beggar aged about 30 Years of middle Stature black Hair fresh Coloured and Round Visaged with a Cut on his left Cheek was this 26 Day of September in the 12th Year of the Reign of our Gracious Lord King William the Third c. openly whipt at D. in the County of C. according to the Law for a wandring Rogue and Vagabond and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straitway to L. in the County of M. where he declareth himself to be Born and he is limited to be at L. aforesaid within 14 Days next ensuing the Date hereof at his Peril Given under the Hands and Seals of us James Forbs Minister and Timothy Darcy Constable of D. Given the Day and Year aforesaid This may be granted also by a Justice of the Peace alone under his Hand and Seal And if the Act of the Thirty ninth of Elizabeth be neglected in the Execution of it by any Constable Tythingman Headborough c. he so neglecting forfeits 10 s. for every Default and he that hinders any Execution of this Law upon Rogues and Vagabonds incurs the Penalty of five Pounds and may be bound over to the good
of them or against the Owner of the Goods in case any after the Distress have been found to come to his Use or Possession by such means But note that in case any such Distress or Sale as aforesaid shall be made by Virtue or Colour of this Act for Rent pretended to be Arrear and due when in truth there is no Rent in Arrear or due to the person or persons Distraining or to him or them in whose Name or Names or Right such Distress shall be taken as aforesaid his Executors and Administrators shall and may by Action of Trespass upon the Case to be brought against the person or persons so Distraining or either of them his or their Executors or Administrators recover double the Value of the Goods and Chattels so Distrained and Sold as likewise full Costs of Suit Note that Hay Corn or any Grain are not to be hastily or wastfully removed from the Premises before due Appraisement and Sale to the damage of the Owner in scattering or wasting it c. CHAP. LXII What relates to the Office of a Constable in providing Carriages for the King c. ACcording to the Statute of 1 Jacobi 2. In this Case the Clerk or chief Officer of His Majesty's Carriages shall 3 Days before His Majesty's Arrival give notice to the Neighbouring Justices two or more of them by Warrant from the Green-cloth to provide such a number of able Carriages as shall be requisite for the Service to be drawn by 4 able Horses or six Oxen or four Oxen and two Horses to meet and be ready at the Time appointed to Load without delay and for so Loading they are to receive in Hand after the rate of Six-pence a Mile and not to be compelled to go above a Days Journey from their Habitations and the Carriages Summoned to give their Attendance on Default being Convicted of Neglect or Refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Justices of Peace of the County or Mayor or other Chief Officers of the City or Corporation where he or they so neglecting inhabit and who have a Power to tender the said Oath the party so neglecting or refusing shall forfeit the Summ of Forty Shilling to the King's Use forthwith to be levied by Distress and Sale of Goods the Over plus if any be to be returned to the Owner and this to be done by Warrant from the said Justice of Peace Mayor or other Officer and in Case any Justice Constable or any other Officer shall take any Gift or Reward to excuse any person from this Service or shall injuriously charge or grieve any person through Hatred Envy or Evil Will who ought not to make such Carriage or Impress more Carriages than shall be directed by Warrant of the Green Cloth upon Proof and Conviction thereof the Party so offending shall forfeit the Sum of Ten Pound to the Party grieved or to any other who shall sue for the same to be recovered by Action of Debt in any of the King's Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed and if any Person or Persons shall Impress any Horses Oxen Cart Wain or Carriages for the King's Service other than such as are lawfully impowered he or they so offending upon due Proof and Conviction shall incur and suffer the Punishments contained in the Act of 12 Car. 2. All High Constables Mayors Bayliffs and other Officers who warn the said Carriages or whose Duty it is so to do must make a Return in Writing to the Clerk or other Officer of the Carriages of the Names and Places of Abode of every such Person who is so warned to bring in his Cart or Carriage so that the Defaulters may be known and the said Officers appointed by the Act to warn them may be Discharged and Indemnified and the Defaulters punished as aforesaid CHAP. LXIII The Office and Duty of a Constable relating to the King's Game Fishery Excise and Custom UPon a Warrant directed to a Constable Headborough c. under the Hands and Seals of two or more Justices of the Peace the Constable c. may search suspected Houses for Setting-Dogs Nets and other Tackle for taking Pheasants Partridges and other the King's Game and destroy them so found but in Case they have Free Warren or are Lords of the Mannour or are Freeholders of Forty Pounds per Annum or more of Estate of Inheritance or Eighty Pounds per Annum for Term of Life or be worth in Goods 400 l. they are exempted from this Seizure As to the Constables Office relating to Fishery he may by Warrant under the Hand and Seal of a Justice of Peace apprehend such as destroy the Spawn or Fry of Fish along the Sea-shore or in any Creek or Haven or within five Miles of the Mouth of either of them or such as fish with unlawful Nets to destroy the young Fry the Meshes of their Nets not being 3 Inches and a half between Knot and Knot for which Default they are to pay 10 Shillings to be levied by Distress and Sale of Goods the Overplus to be returned to the Owner if any remain 3 Jacobi 1. Chap. 12. Wingate's Abridg Title Fish Fishers Fishing And for the Encouragement of the English Fishery if any Herrings Ling Cod or Pilchards Fresh or Salt Dry or Bloated or any Eels or Congers or Salmon he â—â—ought in and uttered to Sale by Foreigners it may be lawful for the Constable Headborough c. or any other Person to seize them the one half to the poor of the Parish and the other half to the use of him that seizes and if any one shall refuse to assist a Constable or other Officer hereto impowered on this occasion being commanded so to assist him in the King's Name he upon complaint and Proof of such contempt lies liable to be prisoned and fined at the Discretion of the Justice before whom he shall be convicted 18 Caroli 2. Chap. 2. As to the Duty of a Constable relating to the Excise note that he is to be aiding and assisting when required to the Gaugers and Under-Officers employed therein and to go with them in the Night time to such Houses where any Liquors are to be gauged They are moreo-to levy Forfeitures where a Conviction is made before the Justices or Commissioners of any Concealment Fraud or the like thereupon by Warrant for that purpose directed to make Distress and Sale of the Offenders Goods and to render the Overplus if any be to the Owner and for want of such Distress to carry the Party so offending upon commitment to Goal there to remain till there be Satisfaction made and upon Warrant directed to a Constable from the Commissioners he is to summon all Alehouse-keepers within his Division at such Days and Places as shall be appointed in the said Warrant from time to time c. As to what concerns the Constables Office relating to Customs
Royal Dutchy CHAP. LXVII The Constables Office and Duty relating to such Persons as Prophanely Swear and Curse BY a late Statute made in the 6 and 7 Year of the Reign of William the Third Chap. 11. it is enacted for the restraining that Dangerous and Unprofitable Sin of Swearing and Cursing that such as in the Presence or Hearing of a Justice of the Peace of the same County wherein the Offence is committed or Head Officer or Justice of Peace of the City do Swear or Curse or are thereof convicted by Witness or Confession of the party before any Magistrate the Offender if a Common Soldier Labourer or Servant shall pay for every Oath c. 18. for the use of the poor of the Parish wherein the Offence is committed and every other person is to pay 2 s. for the like Offence for the second double for the third treble to be levied by Distress by Warrant from one Justice of the Peace and where no Distress is found the Offender if above Sixteen Years of Age is to be set in the Stocks by the space of one Hour for one Offence and two Hours for more than two Offences but if under Age to be whipt by the Parents or Master in the Presence of the Constable All Justices of Peace Constables c. who neglect to put this Act in Execution being knowing of the Offence to forfeit 5 Pounds and none are to be prosecuted upon this Act beyond the Expiration of Ten Days therefore Information must be given within the said Ten Days after the Offence committed And for the better deterring Offenders to commit Offences of this Kind it is ordained to mind them of the Danger and Shame they are like to incur thereby that this Act be publickly read in Churches next Sunday after every Quarter Day immediately after Morning Prayer under Penalty of 20 s. for each Omission and Justices c. are to keep a Register of all such Convictions before them and to certifie the same at the Quarter Sessions to be there Recorded where any one may search for the same and see it without paying any manner of Fees CHAP. LXVIII The Constables Office and Duty further relating to Vagabonds and Beggars and Collecting Monies for Building and Repairing Goals BY an Act of the 11 and 12 of W. 3. it is Enacted that after the 24 of June 1700. That if any Vagabond Beggar or any person whatsoever shall be brought to any Constable Headborough or Tythingman or other Officer with a Pass Testimonial Letter of Request or other Writing whatever pretending thereby either to be Relieved or Conveyed The said person or persons shall by such Constable or other Officer or by some other sufficient person or persons whom he shall order or depute be carrryed before some one Justice of the Peace of the County which Justice is carefully and diligently to Examine him or them and if he finds they ought by Law to be punished he is to send them to the House of Correction and take such further Course as in that Case the Law directs But if no such Cause appear then he or they are to be immediately conveyed out of the County to such Town of the next County unto or through which such person or persons are to pass or be conveyed as the said Justice shall think most proper and every Constable or other Officer is to convey them to the House of Correction or to such Town as aforesaid without delay and further the Justice is by this Act obliged to give the Constable or other Officer a Certificate without Fee of the Number of such persons as he shall so order to be punished or conveyed as also the manner how when and from whence such persons are to be conveyed And further the Justice ought to Tax the Charge on the back of the Certificate which the Constable c. delivering to the High Constable of that Division he is to pay him his Charges out of the Monies of the Goal and Marshalsea Mony and take a Receipt for the same which Receipt shall be Accepted by the Chief Treasurer of the County and allowed in his Accounts as so much Mony and if the Goal and Marshalsea Mony fail to be sufficient then the Justices in their Quarter-Sessions may raise a Tax in their Counties Ridings and Divisions in such manner as they raise it for the County Goals and Bridges the Mony to be paid to the Chief Constable of each Division so as they shall have a quarterly Payment in their Hands before hand and as often as the said Petty Constables or Deputies shall produce the said Certificates they shall be paid their Charges according thereto and the High Constable must Account for so much at the next Quarter-Sessions and the Petty Constable is not to Charge the Inhabitants of his Constabulary wirh any Sum or Sums of Mony or any Provisions to the Relief or Conveyance of such Rogues or Vagabonds And if any Constable or other Officer to whom it belongs shall neglect to Apprehend such Vagabonds or Beggars or be remiss and negligent in doing his Duty by this Act required then for such Offence he shall pay 20 s. one fourth part to go to the Informer and the other 3 parts to the poor of the Parish and he may be Convicted before a Justice by the Oath of one Witness and upon refusal to pay Distress may be made by Warrant as in other Cases But this Act is to continue but 3 Years and from thence to the End of the next Session of Parliament By another Act of Parliament 11 and 12 W. 3. Intiuled An Act to Enable Justices of the Peace to Build and Repair Goals in their respective Counties The Justices of the Peace at their General Quarter-Sessions are to direct their Warrants or Precepts to the High Constable Petty Constable Bailiffs or other Officer or Officers as they shall think fit for the Collecting and Levying the Mony in order thereto and upon denial of any Assessed after 4 Days demand to pay the same they are Impowered to make Distress and Sale of Goods and after 4 Days keeping if the Mony be not paid to sell the same and deducting Charges immediately to render the Overplus to the Owner the Distress being first Appraised by two or more of the Inhabitants and the Constable c. to pay the Monies so Collected to the Treasurer or Treasurers Appointed by the Justices to receive it and for refusing to Account after four days demand the Justices of the Peace or the greater number of them are Impowered to Commit him or them so neglecting or refusing to Prison there to remain without Bail or Mainprize till he or they shall have made a true Account CHAP. LXIX The Constables Office relating to such as make or put bad Mault to Sale c. THE Constable's Office relating to Malt is to see such Malt as comes to be sold within his Division or there made for Sale that it be
in Rates according to the Rules and Methods prescribed in 43 Eliz. Chap. 2 for the Relief of the Poor which Act directs the Tax to be laid on each individual Inhabitant as Parson Vicar and others and every Occupier of House or Land Tyths Impropriate Impropria ions of Tyths Colomnies or Salable under Woods in the said Parish so to be Râ—ted and the Rate so allowed and setled by the Justices in their said Sessions shall be gathered and collected by the Surveyor or Surveyors of the Highways and if any one refuses to pay the Money according to the Rate assessed it is lawful for the Surveyors to levy it by Distress and Sale of Goods and Chattels of the Person 's so refusing reserving reasonable Charges for making the said Distress and rendring the Overplus to the Owner if any there be By the 3 and 4 of William and Mary is farther provided That whereas the Fines imposed and set on the Presentment of a Justice of the Peace and other Fines and Issues for not repairing the Highways being oftentimes returned into the Court of Exchequer and other Courts and so levyed upon some particular Inhabitants and no Provision made to reimburse them now on the contrary Fine Issue Penalty or Forfeiture shall not for the future be returned into any of the said Courts but be levyed and put into the hands of the Surveyors to be applyed towards the Repair of the said Highways and if it be hereafter levyed on one or more of the Inhabitants his or their Complaint for Redress lies to the Justices of the Peace at their special Sessions and they or any two of them by Warrant under their Hands and Seals may cause a Rate to be made according as before set down for the reimbursing the Surveyors of their Money laid out for the Repair of the Highways or of such Inhabitant or Inhabitants as the Money shall be levyed upon which Rate so made and confirmed shall be collected by the Surveyor or Surveyors and he or they within a Month next after the making and confirming the Rate must pay unto the Inhabitant or Inhabitants such Money so levyed on him or them as before recited CHAP. LXXXIII Several Matters relating to Justices of Assize and Justices in their Sessions of Peace concerning Surveyors with Law Matters relating to them JUstices of the Assize and Oyer and Terminer Justices of the Peace in their Sessions and Stewards of Leets on Law-days may hear and determine Offences against the Statute of the 18 Eliz. and the Surveyors who are to Levy the Penalties and Forfeitures of that Statute and the Constables and Churchwardens who are in default of the Surveyors to Levy the same are to yield up their Accounts to them as appointed in 2 and 3 Phil. and Mary Chap. 8. and 5 Eliz. Chap. 13. All defects of Repairs of Causeways Highways Pavements or Bridges shall be presented in the County where they lye and not elsewhere and that no such Presentment or Indictment shall be removed by Certiorari into the Kings-Bench or otherwise out of the said County till such Presentment or Indictment be first traversed and Judgment thereupon given 22 Caroli 2. Chap. 12. And no Indictment or Presentment or Order by Virtue of the Statute of 3 and 4 W. and M. is to be removed out of the County unto any other Court relating to Highways c. but are to be determined in the County where the same doth lye and not elsewhere All Actions against any Person or Persons for any thing done by means of the Act of 22 Caroli 2. for Repairing the Highways shall be laid in the proper County where the Fact was done and not elsewhere and to it the Defendant may plead the General Issue and if there be a Verdict for the Defendant or the Plaintiff be Non-suited or discontinue his Action the Defendant shall recover treble Cost sustained by reason of such Action or Suit and by the 3 and 4 of W. and M. in such Cases the Defendant may plead the General Issue and give the Special Matter in Evidence and if the Plaintiff be Non-suited or forbear prosecution or a Verdict pass against him or her the Defendant or Defendants shall recover double Costs Trustees of Lands given to the use of maintaining Pavements Causways Highways and Bridges are obliged to Let them to Farm at the mâ—st improved Rent without any Fine and the Justices of the Peace in their open Sessions may order the improvement and imployment of such Lands or the profits arising thereby other than such Lands as have been given to the uses aforesaid to any Colledge or Hall in either of the Universities that have Visitors of their own according to the Will of the Donor if it appear to them the persons have been faulty or negligent in the performance of their Trust 22 Caroli 2. Chap. 12. Kebles Statutes Folio 1394 Sect. 2. Wingates Highways Section 32. CHAP. LXXXIV Directions to Surveyors in case of Rescues upon Seizure and what relates as to Penalties concerning Wains or Carriages on the Road. IF any person or persons shall resist or make forcible Opposition against any of the persons employed in the due Execution of the Acts of Parliament 2 and 3 P. and M. 5 and 18 Eliz. 22 Caroli 2. made for the more effectual Amendment of the Highways or shall Rescue any Goods or Cattel taken in Distress by virtue thereof being convicted by the Oath of one credible Witness before any one Justice of the Peace or by the view of the Justice himself for every such Offence the Offender shall forfeit 40 s. and if not paid in seven days the Party to be committed to the County Goal where the Offence was committed to remain till paid and this is to be delivered to the Surveyor or Surveyors of the Highways in the Parish where the Offence was committed and imployed for the amending the said Ways 22 Car. 2. Chap. 12. All Travelling Wains Carts or Carriages by way of common Carriage are not to go with a Team on the publick Highways with above Five Beasts at length and if they shall Drive with a greater number of Horses or Oxen they shall all Draw in Pairs that is two a Breast for such number as they shall use except one Horse And in defect of this the Offender or Owner of the Waggon Carriage c. forfeits 40 s. one third part to the Surveyors of the Highway of the Town Village or Hamlet where the Offence shall be committed another third to the Overseers of the Poor and another to the Informer and this to be imposed on the Offender by any one Justice of the Peace of the place or Division where the Offence is committed upon the Oath of one credible Witness or upon the Justices own view and to be levyed by the High Constable or other Officer of such place or Division by Warrant And a Surveyor seeing and suffering Waggons or Carts to pass with more Horses c.
A HELP To Magistrates and Ministers of Justice also a Guide to Parish and Ward-Officers Containing 1. Plain Directions for Justices of the Peace in material things relating to their Office in and out of Sessions 2. To their Clerks in drawing Forms of Warrants and other necessary Writings 3. A Help to Grand and Petty Juries 4. Penalties upon Forestallers of Markets Fairs Badgers Drovers Butchers Tanners Inholders c. 5. The Rates of Servants Wages according to Statute Law c. 6. Some Directions to Coroners and their Inquests in many material things relating to their Office and Duty c. 7. Customs and other advantages peculiar to the City of London in Privileges Law-matters Proceedings in the Court of Requests Attachments Court of Orphans and other things 8. The Office and Duty of a High Constable Petty Constable Headborough Tything-man Bailiff c. 9. The Office and Duty of Churchwardens and Sidesmen 10. The Office and Duty of the Overseers of the Poor 11. The Office and Duty of Toll-keepers and Fair-keepers 12. The Office and Duty of Surveyors of Highways Scavengers c. The Second Edition With Amendments and large Additions agreeable to the several Acts of Parliament in these Cases made and provided By P. B. Gent. LONDON Printed for Nicholas Boddington at the Golden Ball in Duck Lane 1700. THE PREFACE TO THE READER Reader THIS little Book may be termed a Posy of choice Flowers gathered out of divers curious Gardens It contains a great many things useful and necessary to be known by all English Men who at one time or other may stand in need of them by way of Advice as well as some may do it to put them in Practice It is a Collection indeed but such a one that of this nature scarcely has appeared in any one Volume though large and at great Price and certainly never before in so small a Compass It contains however in Quality more by a great deal than upon the first view can reasonably be guessed by its Quantity I need not instance Particulars seeing in the Title-Page they are briefly set down and in the Table more at large though in neither so exactly as you will find them in Particulars duly placed in the Book I cannot doubt but it will be Instrumental in doing a great deal of Good First In giving Men an Insight what they ought legally to do And secondly What they ought to avoid as not warrantable in the one kind to rest secure and in the other to keep out of Danger saving themselves thereby much Trouble and Expence I have mostly quoted the celebrated Books from whence it was taken and is warranted by those Men exceeding Skilful in the Laws of the Land and for that Particular especially have left Names behind them that cannot be obliterated Also I have cited such Statutes Ancient and Modern as the Parliaments have been pleased to make for well ordering the Government and rendring us a happy People in the Security they give us as to Life Liberty Property c. So putting all this together I doubt not but the Reader 's Expectation will be answered according to his desire in that he will find nothing omitted he can fancy material as far as is proposed or herein could be contained and then both of us have our Ends I in Writing and he in Reading so useful a Work as past all Peradventure will find Encouragement and descend to Posterity which will be Grateful Courteous Reader Your Friend to Serve you P. B. THE CONTENTS Chap. 1. THE Antiquity of a Justice of the Peace his Power and what he may do in the Execution of his Office Page 1 Chap. 2. What may be done by a Justice of Peace Ex Officio c. p. 3 Chap. 3. What one Justice of Peace may do by power and virtue of his Commission without requiring to be joined with another or more in acting in what relates to his Office c. p. 6 Chap. 4. The Power of two Justices of the Peace acting jointly within the Compass of their Jurisdiction by virtue of their Commission and Office c. p. 9 Chap. 5. What may be done by three Justices of the Peace conjunct in the Execution of their Office according to several Statutes c. impowering and directing them thereto p. 13 Chap 6. What may be done by four Justices of the Peace conjunct in the Execution of their Office as aforesaid c. p. 14 Chap. 7. What six Justices of the Peace conjunct in the Execution of their Office may do c. p. 15 Chap. 8. What is to be considered and meant by the next Justice in a County c. p. ibid Chap. 9. Of certain Forfeitures by Statute given by eight Justices of the Peace p. 16 Chap. 10. The Fees of Justices of the Peace or such as they ought to take p. 17 Chap. 11. Where a Justice of the Peace lies liable to be Fined for neglecting or transgressing in his Office or Duty c. p. ibid Chap. 12. Where a Justice of the Peace lies liable to Punishment p. 18 Chap. 13. Some Directions in making out or granting Warrants by a Justice of Peace and how to be executed p. 19 Chap. 14. Of Mittimus's and their Form and what is to be considered in them c. p. 23 Chap. 15. Of Recognizances what they are and how and in what Cases to be taken by a Justice of Peace c. p. 24 Chap. 17. Of Sessions and Matters properly to be done c. by Justices therein c. p. 25 Chap. 18. Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several occasions directed to Constables p. 26 Chap. 19. An Order of the Justices of Peace for a Bastard Child p. 33 Chap. 20. A Warrant for the Overseers of the Poor to give up their Accounts p. 37 Chap. 21. The Form of a Warrant for suppressing an Ale-house p. 39 Chap. 22. Supersedeas grantable by Justices of Peace to supercede Warrants c. their Forms p. 40 Chap. 23. The Forms of Recognizances on several occasions to be taken by Justices of Peace and written by them or their Clerks c. p. 44 Chap. 24. The Forms of Mittimus's to deliver Persons committed to Goal c. p. 48 Chap. 24. The Form of Bailments by the Justices of Peace c. p. 51 Chap. 25. The Form of Releases by Justices of Peace c. p. 54 Chap. 26. Somewhat of the Antiquity of Juries what things they must consider and how they ought to be qualified to be Juries p. 55 Chap. 27. Of Indictments Presentments and the difference between them the Oath administred to the Grand Jury and how they ought to enquire c. p. 58 Chap 28. Several material things relating to Juries as the Law directs and according to the Opinion of the Learned Lawyers c. p 62 Chap. 29. Challenges to be made of Jurors and other useful Instructions tending to Evidence
seemeth that he may be Indicted for they may inquire of all Trespasses where a Man may have his Action of the Case Crompt 121. a Num. 21 and 122. a Num. 29. A Justice of the Peace Certifying into the King's-bench that such a one broke the Peace in his Presence the Party shall be put to his Fine without a Traverse to the same Cromp. 132. a. A Justice of the Peace who is of the Quorum ought to be Resident in the County where he is a Justice of the Quorum 2 Hen. 5. Chap. 4. Cromp. 122. a. Num. 32. The Justices at Newgate sit by Virtue of 2 Commissions Goal Delivery and Oyer and Terminer 4 Eliz. Chap. 2. And where the same Persons are Justices of Goal Delivery and Oyer c. They may sit the same Day and Place and inquire by the same Jury yet the Entry of the Records must be several as the Indictment is Dalt 168. A Justice of the Peace commandeth one by his Precept under Penalty of 10 l. to be at the Quarter Sessions next ensuing it and he appeareth not no Scire Facias shall go forth more than if there had been a Subpoena however it seemeth he shall be Attached to be at the next Sessions upon Contempt Cromp. 123. a. Num. 9. CHAP. III. What one Justice of Peace may do by Power and Virtue of his Commission without requiring to be joyned with another or more in Acting in what relates to his Office HE may cause all such as are fit to Work in Harvest or Hay-time and after Licence them to go unto any other County He may Rate the Prizes of deceitful Malt to be sold by 2 Edw. 6. 10. He may compel one fit in his Discretion to be bound Apprentice by 5 Eliz. 4. He may it seems give Directions to Watchmen Keepers and Searchers of infected Persons Crompt 126. b. He may cause to be Whipped Trespassers in Orchards Corn Hedges or Woods not able to give any Satisfaction And it seems he may hear and determine by Examination or otherways by his Discretion the Offences committed in Tile-making One Justice of Peace may command Vagrant Persons to Prison if they will not serve He may upon his View of forceable detainer Record it by 15 Rich. 2. Chap. 2. Dalt 81 82. He may Punish Deceit in Cloth by Tenters c. He may cause High-ways to Markets to be enlarged and cleansed of Trees and Bushes 13 Edw. 1. Chap. 5. He may Punish Keepers of Places for unlawful Games and the Players at those Games He may Punish Prophane Swearing in his Presence made out by Testimony or Conviction by the Party 's own Confession He may Punish Offences in Watermen and Transporters of Corn. He may Punish Defaults of Collectors of Sheriffs Amercements and of Bayliffs of the Hundreds Soldiers that Purloin their Horse or Harness He may prevent a Riot stay it and Commit them that are concerned in Acting of it One Justice of the Peace upon Complaint may Commit till the Assizes or Sessions any Popish Recusant Convicted above 18 Years of Age under the Degree of a Baron so for refusing the Oath of Allegiance 7 Jacobi 1. Chap. 6. He may cause to be set in the Pillory in the next Market-town Persons Convicted of Breaking the Assize of Fuel and not able to pay the Forfeiture with a Billet or Faggot bound to his Body 7 Edw. 6. C. 7. Quaere whether one alone can Commit him He may cause an Unlicensed Ale-house-man openly to be Whipped after Conviction where there is no sufficient Distress to pay the Penalties 3 Caroli 1. 3. He may upon View or Proof by two Witnesses Warrant the Levying 20 l. Forfeiture for an Unlicensed Ale-house to be given to the Poor One Justice may demand the Peace against an other Man Lamb. 81. And he may Punish Persons going or riding Armed contrary to the Statute of 2 Edw. 3. A Justice may inquire of Felo de se hid or cast into the Sea where the Coroner cannot have the View of the Body 3 Inst 55. And he may send Writs for Fugitive Labourers by 2 H. 5. C. 4. St. 1. He may take an Information out of the County against an Offender in the County 1 Cro. 213 So a Recognizance to Prosecute by Assent of the Parties out of the County but cannot use Coercive Power Ibid. A Justice of the Peace Inhabiting in the Hundred where one was Robbed may if he be at York or London take the Party's Oath being but an Examination and no Act of Jurisdiction A Justice of Peace in London ought to send Felons to the Common Goal not to the Counters 1 Co. 120. He may take an Indictment of Barretry without a special Commission 2 Cro. 32. A Justice in open Court may alter the Panel or a Jury Sworn only for the King 2 Co. 59. One Justice of the Peace is sufficient to certify carrying of Corn from one Place to another to sell against the Statute of Fore-stalling joyned with the Customer He may Bind a Cheater to his good Behaviour c. Dalt 63. 7 Jacobi 1. He may Convict of Drunkenness by 12 Jacobi 1. C. 7. He may Seize the Goods of Gipseys within a Month after their Arrival c. By the 22 Hen. 8. C. 10. He may Record a Riot in his View and Commit the Rioters or bind them to their good Behaviour but single or alone proceed no further Dalt 195. He may punish Spoilers of Fish-ponds and cause their Nets to be cut and burnt 17 Rich. 2. He may take the Claim of a Horse Stolen 31 Eliz. 12. He may Examine and Bind over unlawful Hunters in the Night time c. 1 Hen. 7. C. 7. The like of taking or killing Conies in the Night-time 22 23 Caroli 1. He may compel a Vintner to draw a Man Wine who demands it and offers Payment 24 Hen. 8. Dalt 242. He may Convict of the Breach of the Lord's day against Stat. 29 Caroli 2. And may allow of Cause for Travelling in a Boat on the Lord's-day according to the said Statute CHAP. IV. The Power of two Justices of the Peace Acting joyntly within the Compass of their Jurisdiction by Virtue of their Commission and Office c. TWO Justices of the Peace upon View of a Riot or Rout may Record the same and with the Sheriff or under Sheriff 13 Hen. 4. C. 7. Crompt 16. Num. 9. to inquire by a Jury and fine the Rioters Dalt 195. Quaere Two Justices on Complaint that a Servant departed before his Term ended c. Are to Examine and Commit if they see Cause See more of Labourers and Servants of a Constable c. They may Bind one to the Quarter-Sessions to Answer his Offence against a Penal-law Lamb. 187. Vide Dalt They may Allow and discharge an Ale-house-keeper at Discretion There must be two Justices of the Peace for appointing Overseers for Woolen-cloth for a Year c. So to convene Persons fit to discover any Offence in the
making deceitful Cloth They may Imprison for a Year or less at their Discretion Servants Assaulting their Masters may compel Women to serve for such Wages and manner as they think fit They may Tax a Hundred towards the Relief of the Poor of a Town within it wherein the Inhabitants are thereby overcharged and not able to keep their Poor and they may Tax others of a County for the Relief of places Infected They may dispose of at Discretion all Forfeitures to grow and become due on the Statute of Rogues They may Assess all the Parishes within the Hundred proportionably towards Contribution for the Partys charged upon a Robbery They shall take Order to set poor Soldiers on Work who cannot get Work for want of Work Tax the Hundred for Relief 21 Jacobi C. 28. Two Justices may Fine the Head-Officers in Burroughs and Market-towns who are remiss in viewing the Weights and Measures and break and burn those that are Defective and Fine all Buyers and Sellers with unlawful Weights at Discretion They may allow Surveyors and their Servants to make Materials in another Parish for the Mending the High-ways where they are defective Two Justices one being of the Quorum upon Complaint of the Church-wardens may Convene before them the Bayliff and High-constables and take their Accounts of Forfeitures and Defaults Estreated concerning High-ways Two Justices of the Peace in London may determin the Matter of Buildings and Inhabitants there 35 Eliz. c. 6. They shall allow Scavengers under their Hands to Confirm a Tax of Constables Church-wardens and Surveyors c. Two Justices of the Peace may take an Oath of the under Sheriff Bailiffs c. Two Justices of the Peace one being of the Quorum may Commit any Person under the Degree of a Baron being above 18 Years of Age for refusing to take the Oath of Allegiance c. They may take the Submission of Persons brought up in a Jesuites Colledge The may one being of the Quorum Bail a Person Arrested for Manslaughter Felony or on Suspicion of them They may take Order about a Bastard-child layed in the Parish 18 Eliz. 7 Jacobi c. They may Administer the Oaths of Supremacy and of the Office to Bailiffs of Franchises They may punish Destroyers of the King's Game or such as keep Hunting-dogs 1 Jaâ— 1. 27. 7 Jacobi 1. 11. They may sign a Testimonial of a Servant turned out of Place or one whose Master is dead 27 Eliz. c. 11. Lamb. 331. Two Justices may Convict any one of Opposing the Execution of the Statute against Planting Tobacco in England 12 13 Caroli 2. Dalt 237. So to Warrant destroying it and Convict Refusers to Assist Ibid. They may License poor People Diseased to Travel to the Bath for Remedy c. 39 Eliz. 4. They may send to a Work-house Prisoners brought before them by Habeas Corpus according to 30 Caroli 2. Two Justices one of the â—uorum may take an Indictment and Inquisition Lamb. 48. Two Justices of the Peace may Warrant Constables in Searching Houses for Setting-dogs and Nets for taking Partridges 7 Jacobi 1. C. 11. They may commit for 3 Months Shooters of Partridges contrary to 1 Jacobi 1. C. 27. Unless each so Offending pays 20 s. They may proceed upon Offences against the 13 Eliz. of Hedge-breaking c. Done to one of them Two Justices of the Peace with the Bishop and Chancellor may call Collectors of Hospitals to Account 14 Eliz. Chap. 5. They may bind over one Suspect of Counterfeiting Tokens and Letters 33 Hen. 8. 1. They may search for Popish Books and Relicks 3 Jacobi 1. C. 5. They may Punish Defaults in the Overseers of the Poor They may Punish Offenders in disturbing the Execution of the Statute against Rogues They may send to the House of Correction Persons about to leave their Family to the Parish 7 Jacobi 1. c. 4. They may Examine Offenders in Buck-stalls against the 19 Hen. 7. At the Sessions c. They may Warrant the Church-wardens and Overseers to Levy Arrears of the Rates for the Poor Two Justices of the Peace one being of the Quorum may Reform false Measures or Neglect of Clarks of the Market Dalt 251. Two Justices of the Peace to Convict of not Reading Common-prayer 14 Caroli 2 chap. 14. They may Bind over to the Assizes or Sessions one suspected of Deceit by Counterfeit Letters and proceed in like Nature in some other Matters of lesser Moment and for many things more fully set down and Explained vide the Offices of Constable Church-warden Overseer of the Poor Surveyors c. CHAP. V. What may be done by Three Justices of the Peace Conjunct in the Execution of their Office according to several Statutes c. Impowering and directing them thereto THree Justices of the Peace may call unto Examination before them the bestowing of Money in Mending the Highways by the Statute for mending Highways or Bridges 14 Eliz. 5. 30 Eliz. 18. They may one of them being of the Quorum License Glass-men to Travel without Begging in the County 39 Eliz. C. 4. They may take the Oaths of two Witnesses of Depraving the Sacrament 1 Ed. 6. 1. They may License under their Seals one of them being of the Quorum Badgers and Drovers 5 Eliz. 12. They may Confirm By-laws in Norfolk for Norwich Stuffs with others c. They may Consent to a Petition by 13 Caroli 2. 5. They with the Bishop and his Chancellor may Examine the Employing the Poor's Money c. 14 Eliz. 5. 39 Eliz. 10. They may one of them being of the Quorum take Examination of those that Maim Horses Cattle or that destroy Nurseries or other young Trees and throw down Inclosures in the Night unlawfully c. They may License Buying of Corn to carry from one Port to another 5 Eliz. 12. CHAP. VI. What may be done by 4 Justices of the Peace Conjunct in the Execution of their Office as aforesaid c. FOur Justices of the Peace may Discharge under Seal an Apprentice Hardly and Ill-used 5 Eliz. Dalt 120. They may Tax the Inhabitants and make Collectors and Overseers for the Repairing a Bridge where it is not known who ought to Repair it 22 Hen. 8. C. 5. They may Seize a Recusant's Arms and Armour Ammunition c. 3 Jacobi 1. c. 5. They may consent with the Sheriff or Goaler of a Corporation for the removing of Sick Persons that are Prisoners or others 19 Caroli 2. C. 4. They may License a Recusant to Travel above 5 Miles with the Assent of the Bishop or Lieutenant c. 35 Eliz. 3 Jacobi 1. c. 5. They may Remand by Warrant under Seal Malefactors flying into England 7 Jacobi 1. C. 1. Dalt 541. And indeed thus Conjunct they have great Power in the Execution of the Office of the Peace where Matters lie within their Jurisdiction as to what relates to the Conservation of the Peace and keeping good Order in the Government and saving the Subject from
Wrongs CHAP. VII What Six Justices of the Peace Conjunct in the Execution of their Office may do c. SIX Justices one being of the Quorum may Execute the Laws of Commissioners of the Sewers Dalt 219. They may appoint a Common-goal for the Sheriff to have the Custody of it 13 Hen. 8. Six Justices in Commission of the Peace with the Justices of Assize by 12 Rich. 2. C. 1. Eight Justices of the Peace beside the Lords by 14 Rich. 2. c. 11. So two Lawyers in every County 18 Edw. 3. c. 2. The greatest part of the Justices of the Peace to order the House of Correction in every County The greatest part to Tax other Parishes for the Poor where there is an Insufficiency in the Parish or Hundred 43 Eliz. c. 2. So to employ the Overplus of the Maimed Soldiers Stock to the Use of the Poor 43 Eliz. c. 3. And to Tax for the Relief of Maimed Soldiers So to Accounts of Treasurers for Maimed Soldiers 43 Eliz. c. 3. CHAP. VIII What is to be considered and meant by the next Justice in a County c. THE next Justice may License Mariners to Beg having been Shipwracked 39 Eliz. c. 4. Lamb. 303. Dalt 209 227. Where the Statute ordereth the Justice most nigh to do Execution c. As in 13 Hen. 4. Of Riots under the Penalty of 100 l. for Forfeiture he is excused if another Justice not next do the Office He may chuse Fishermen to be Mariners by the King's Commission 5 Eliz. c. 5. Lamb. 359. Dalt 139. The next Justice is to send a Prisoner to a Work-house c. 30 Caroli 2. CHAP. IX Of certain Forfeitures by Statute given to 8 Justices of the Peace FOR every Day he sits upon the Statute of Labourers not exceeding 3 Days 5 s. So the Mayor or Head Officer in Corporatins c. Out of the Fines arising on the Stat. c. For every Day which Sessions is kept which may be 3 Days they shall have out of the Fines coming to the Sheriffs Hands by reason of the Sessions 4 s. and their Clerk 2 s. Two Justices of the Peace shall have a part of defective Cloth Seized and Forfeited 5 Edw. 6. Lam. 359. Justices who examine Offences of Deer-Hays and Buck-stalls shall have the tenth part of Forfeiture 19 Hen. 7. c. 11. CHAP. X. The Fees of Justices of the Peace or such as they ought to take in the following Cases according to Crompt 176. a. and Dalt 78. FOR a Recognizance of the Peace 2 s. For a Recognizance to Bail a Prisoner 2 s. For a Supersedeas of the Peace 2 s. For a Warrant of the Peace Sealed 2 s. For a Release of the Peace 2 s. For a Warrant not of the Peace 4 d. For a Recognizance of an Ale-house-keeper 12 d. For the Inrolment of a Deed the Land not exceeding 40 s. per Annum To the Justice one Shilling and to his Clerk one Shilling But if the Land exceed 40 s. then 2 s. 6 d. to the Justice and the like to his Clerk CHAP. XI Where a Justice of the Peace lies liable to be Fined for Neglecting or Transgressing in his Office or Duty c. IN the Case of Bailing one not Bailable and refusing to Bail one Bailable and Detaining him he lies liable to a Fine and to pay double to the Prisoner 3 Edw. 1. C. 15. 23 Hen. 6. C. 10. In the Statute against Riots if he does not Execute it he is Finable 100 l. 13 Hen. 4. So in that of forcible Entry 10 l. 8 Hen. 6. In neglecting to take Order about a House of Correction 5 l. to go towards the building it 1 Jacobi 1. C. 4. Exercising his Office before the Oath taken Dalt 14. For not being present at the Annual Tax of Servants Wages 10 l. 5 Eliz. c. 4. If a Justice of the Peace does not in 40 Days certifie unto the King's-bench Presentments of Extolling the Pope's Power he forfeits 100 l. 5 Eliz. C. 1. For Imbeseling wilfully Raising maliciously Inroling an Indictment not found changing an Indictment of Trespass into Felony is Fine and Imprisonment and loss of Office Lam. 631. CHAP. XII Where a Justice of the Peace lies liable to Punishment HE may be Imprisoned for taking Bond in his own Name and not in Domino Regi the Matter concerning the King 33 H. 8. C. 9. For Conspiring with another to Indict a Stranger at the Sessions otherwise as a thing done by him as Judge Crompt 122. a. Num. 32. Where a Justice fails to do Justice he may be put out of Commission and Punished 4 Hen. 7. C. 12. Crompt 120. H. Num. 6. Lam. 370. So for refusing to take Surety for the Peace when it is Tendred Vide Crompt Jurisdiction of Courts 31 B. For Embeseling and Rasing Records he forfeits his Office and may be Fined Vide antea CHAP. XIII Some Directions in making out or granting Warrants by a Justice of the Peace and how to be Executed A Warrant in Writing must be under the Justices Hand and Seal his Hand at least Dalt 460. Lamb. 85. 88. However it is better if it be Sealed as the usual way is Dalt 460. A Warrant of the Peace or good Behaviour must contain the special Matter Dalt 460. Lamb. 87. A Warrant for Treason Murder or such like capital Offence need not contain the special Matter or Cause Dalt 160. Crompt 148. a. If a Justice of the Peace being out of the County Grants his Warrant to be served in the County the Officer making the Arrrest must carry the Party before some Justice of the Peace within the County Lamb. 91. Dalt 461. A Justice of the Peace may make his Warrant to come before himself yet in a Warrant for the Peace the usual manner is otherways Co. 5. 59. Dalt 461. Upon a General Warrant an Officer may chuse to go before what Justice he pleases Dalt 49. 5. Co. 59. B. If a Justice of the Peace make a Warrant beyond his Authority it is not disputable by a Constable or other Officer but must be obeyed unless it be to do a thing out of the Justices Jurisdiction in a Cause where there is no Judge for if in this latter Case the Officer Execute the Warrant he is punishable Dalt 8. 465. Lamb. 65. Crompt 147. B. Lamb. 91 92. Dalt 865. A Warrant directed to two joyntly to Arrest a Party he may be Arrested by either of them A Warrant made in the King's Name ought to be made to all Ministers as well within Liberties as without Dalt 355. Warrants may be made either 1. in the Name of the King or 2. in the Name of the Justice and either of them must be testified by the Justice from whom they Issue or 3. without stile by Superscription of the Justice Dalt 385. See more of Warrants in the Office of Constable in this Book and how they are to be Executed Sessions held by one Justice of the Peace is not good though
it were Summoned by two and Stiled by their Names but two sufficient Justices Warrants Sealed Quorum c. Vide Dalton c. Quarter Sessions are to be held 4 times in the Year viz. The first Week after St. Michaeâ— The Epiphany the close of Easter and after the Translation of Thomas the Martyr which is July 7. 2 Hen 5. Chap. Lamb. 597. Dalt 531. Justices of the Peace shall hold their Sessions 4 times in the Year viz. One within the Octaves of Epiphany the second in the second Week of Lent the third between the Feasts of Pentecost and St. John Baptist the fourth within the Octaves of St. Michael 36 Edw. 3. Chap. 12. Dalt 531. Crompt 123. B. Nu. 15. c. The place where Sessions is to be held is Arbitrable and therefore though by Summons they are to be kept in one place yet they may be kept in another but then there can be no Amercement for Default of Appearance Lamb. 383. 384. But they must be kept within the County Dalt 531. So in a Town Corporate but not to intermeddle Two Sessions at one time for one County Lawfully Summoned at two Places are good but Appearance at one shall excuse the default of an Appearance at the other and Presentment taken before either of them shall stand good Lamb. 384 But Punishable without notice At a General Sessions all Matters Enquirable by Justices of the Peace either by Statute or their Commission ought to be given in Charge otherwise at special Sessions Lamb. 613. And may be held 3 Days 606. 12 R. 2. Chap. 10. At the Quarter Sessions Officers and Ministers of the Court and Jurors of the County owe their Attendance Lam. 386. Jurors not appearing according to Summons are Punishable for loss of Issues the usual part of Estreats Constables making Default are Fineable The Justices of the Peace if need require may keep a special Sessions by Virtue of their Commission or by the Statute 1 Hen. 5. Chap. 4. Lamb. 623. All Matters within the Commission or Statute may at a special Sessions of the Peace be given in Charge yet they are at liberty to give in Charge either all or any of them Lamb. 623 624. If two Justices of the Peace one being of the Quorum make a Precept to the Sheriff for the holding a Sessions at such a Place and Day and to return a Jury before them other Justices cannot by their Supersedeas Inhibit it Crompt 126. B. But the King by his Writ of Supersedeas may Discharge it Ibid. All that come to the Sessions for publick Service or upon Compulsion upon Complaint and Examination of the Matter upon Oath shall be freed from any Arrest upon Original Process Lamb. Cro. 190. B. Lamb. 402. Indictments are many times Tried the same Sessions wherein the Persons were Indicted yea the same Day before Justices of Goal Delivery or Justices of Oyer c. Dalt 537. 1 Cro. 315 438 448. But in Case of Felony it seems very reasonable to be deferred to the next Sessions upon Cause shewn it being so in an Indictment of Nusance generally and life is more to be valued and favoured c. Dalt 537. Many things of great Import cannot be done but at the Sessions and some but at such a particular Sessions Dalt 537. Of the first sort are the Discharge of Apprentices Ill-used Badgers Licensed Officers Sworn after the Sacrament received proved and declaring against Transubstantiation c. Dalt 538. The second is taking Accounts for Maimed Soldiers of the Treasurers and for Charitable Uses c. 43 Eliz. in Easter Sessions the Rates of Wages in Easter Sessions and 6 Weeks after Dalt 538. Making Order in the Chamber after the Adjournment of the Sessions as for the Bastard-Children and Settlements and some other Things and Matters But not to be tedious to the Reader I shall hear close Treating of Matters of this Kind and proceed to others Executed CHAP. XIV Of Mittimus's and their Form and what is to be considered in them c. A Mittimus must contain the name of the Party or Parties his or their Offences and the time of Imprisonment that it may appear whether the Prisoner be Bailable or not Lamb. 297. Dalt 439 406. Crompt 153. A. Num. 11. If one be Committed without Bail or Main-prise and the Cause be expressed in the Mittimus and yet is Bailable other Justices may Bail him yet Quaere seeing their Authority is equal Dalt 439. But if no Cause be expressed other Justices shall not do well to Bail him without the Privity of the first Justice or Justices because the Cause of Commitment probably may not be Bailable Dalt 439. If the Mittimus be General the other Justices that Bail must take notice at Peril Ibid. There is a Writ called a Mittimus for removing Records of Outlawry Judgment in the King's-bench c. Unto the common Place or an Act of Parliament unto the King's-bench c. See of this 1 Cro. 134 298. Hob. 111 135. The Form of the Mittimus see To send Rioters to Goal Lamb. 321. To send Shooters in Pieces to Goal 229. Dalt 515. To send upon Forcible Entry c. Lamb. 150 520. To send to the House of Correction Dalt 513. To send an Ale-seller without License Dalt 512. To send a Reputed Father of a Bastard Ibid. CHAP. XV. Of Recognizances what they are and how and in what Cases to be taken by a Justice of the Peace c. A Recognizance of a Bond of Record Testifying the Recognizor to owe a certain Summ of Money to some other and that Acknowledgment of the Summ is to remain of Record and none can lawfully take it but a Judge or Officer of Record Dalt 457. Every Recognizance taken by a Justice of the Peace must be made by these words Domino Regi and great Care to be had in so doing for it is Imprisonment for any Person to take it otherwise For these Words Domino Regi import and Imply the Recognizor is bound to our Lord the King and not to any other 33 Hen. 8. Chap. 9. Crompt 196. B. Num. 11. Lamb. 162. Dalt 276. Sureties in Recognizance ought to be Subsidy Men and they must be two besides the Party himself Dalt 276. Lamb. 101. It is in the Discretion of a Justice of the Peace if he take a Recognizance Ex Officio to appoint the Number of the Sureties their Sufficiency in their Goods and Lands and the Summ of Money and how long the Party shall be bound Dalt 275. Lamb. 100. Recognizance for the Peace unless the words be expressed for keeping of the Peace seemeth void Lamb. 103. Dalt 204 276. Coram non Judice So it is if a Recognizance be that the Recognizor shall not Beat or Maim B. without the Expressing the keeping the Peace in it Ibid. A Recognizance expressing no Time of Appearance but generally to keep the Peace is good Ibid. And so these few may serve to give a Light into others for
they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
of 8 Years c. That the said R. B. pay to the Overseers c. Five Pounds towards putting out the said Child to be an Apprentice c. Fourthly That the said R. B. presently give good Security to one of the Overseers c. To perform this our Order ☞ Note that by altering the Names and Sum as the Order in that Case shall be made This Order in Form with the Variation of the Town and County may generally serve on this Occasion The Form of a Warrant for a Fugitive Servant Middlesex To the Sheriffs c. Whereas G. C. being Lawfully Retained in Service with M. B. of D. c. is departed from his said Master's Service before the end of his Term without his Master's Leave or License or without any reasonable Cause contrary to the Laws and Statutes of the Realm in this behalf provided These are therefore to Command you and every of you that you or some of you do Attach the Body of the said G. C. and bring him before me or some other of His Majesty's Justices of the the Peace to find sufficient Sureties well and faithfully to serve his said Master according to the Covenant between them made And if he shall refuse thus to do that then you cause him to be conveyed safely the Common-goal of the County aforesaid there to remain till he shall be willing to do the same and see you certifie such your Doings at the General Quarter-Sessions of the Peace to be held for the said County Given under the Hand of me W. S. one of His Majesties Justices of the Peace within the said County Dated c. Or thus That if the said G. C. is willing his said Master to serve again you do cause him to be delivered and if that to do he shall refuse that then you cause him to be conveyed to the Goal c. To Bind one to give Evidence Surrey To the Constables of B. c. These are in His Majesties Name to Charge and Command you or either of you that immediately upon sight hereof you or some of you do cause to come before me or some other of His Majesties Justices of the Peace for the said County the Persons hereunder named to the end that they and every of them may be bound to make their Personal Appearance at the next General Goal delivery or Quarter-Sessions to be holden for this County then and there to testifie their and every of their Knowledges concerning certain Felonious Acts committed by one C. D. now Prisoner in the Marshals's Prison in Southwark the Common Goal for the County aforementioned and hereof fail not at your Peril Dated c. The Form of a Hue and Cry after Robbery c. To all Constables and others His Majesties Officers as well within the County of Warwick as elsewhere within the Realm of England Whereas Complaint hath been made unto me T. C. Esq one of His Majesties Justices of the Peace within the County of Warwick by J. C. of D. c. Grasier that upon Wednesday Night last being the 18th of October Instant he was Robbed of one Hundred Pounds in Monies numbred by two Foot-padds on the Road or King's High way between D and C. in the Day time and hath Cause of Suspicion of A. B. and C. B. two Lewd Rogues Here describe their Persons and Apparel Setting down all such Marks as they may be known by These are to repaire you and every of you to make Search within your several Precincts for the said A. B. and C. B. And also to make Hue and Cry after them from Town to Town and County to County and that as well with Horsemen as Foot-men and if you shall find them the said A. B. and C. B. both or either of them That then you carry the Party or Parties so taken before some one of the Justices of the Peace within the County where he or they shall be taken by him to be dealt with according to Law c. ☞ And thus you may do putting one two or more Names in according as the Case requires whether a Robbery on the High-way or a Felony and Burglary committed in a House or such like in Barns Stables Out-houses Stealing of Horses or other Cattel always describing the Parties in the Hue and Cry So that they may be known as also the things taken that if the whole or any part be found about them or in their Possession the may be known and brought as a Testimony against them upon Examination The Form of a Warrant to Attatch a Felon or for Felony Essex To the Constables of D. c. Forasmuch as Complaint hath been made unto we by W. W. That of late he hath had certain Gods Feloniously taken from him and that he hath in Suspicion one L. C. of your said Town These are therefore to Will and Require you and in His Majesties Name straitly to Command you and every of you that immediately upon the receit hereof you do Attatch the Body of the said L. C. and thereupon to bring him before me to Answer the Premises and hereof fail not at your Perils Dated c. CHAP. XX. A Warrant for the Overseers of the Poor to give up their Accounts Surrey To the High Constable of the Hundred of B. c. These are in His Majesties Name to Charge and Command you forthwith to give notice to the Church-wardens and other Overseers of the Poor of every Parish within your Hundred that they do Personally appear before us at Kingston upon Thames at the Sign of the Swan on Thursday the 29th of December next coming by 10 of the Clock in the Morning or Forenoon of the same Day to yield up and make a true and perfect Account in Writing Subscribed with their Names or Marks of all such Summs of Money as they have received or Rated and Sessed and not received for and towards the Relief of the several Poor of their several Parishes and also of such Stock to set the Poor on Work as is in their Hands or in the Hands of any of the said Poor and of all other things concerning the said Office and hereof that they fail not at their and every of their Perils And further we require you that you give warning to the Petty-Constables of every Town within your said Hundred that they or one of them be also then present before us to Inform and Certifie us of the Names of such other Persons as are meet and fitting to be Overseers of the Poor within their several Towns for this Year next ensuing and hereof fail not at your Peril ☞ Note that this Warrant must be under the Hands and Seals of two Justices at the least the one to be of the Quorum◠The Form of a Warrant to the new Overseers to take their Charge Middlesex To the Overseers of D. c. By Virtue of a Statute made in the 43 Year of the Reign of our Sovereign Lady Queen
Elizabeth Entituled An Act for the Relief of the Poor These are to Will and Require you whose Names are here Under-written That you together with the Church-wardens of your Parish for the Time being do according to the Form of the same Statute take Order from Time to Time for the Year to come for the setting to Work the Poor within your Parish and for raising a convenient Stock of some Wares or Stuffs in your Town to that Purpose and providing necessary Relief for such as are Lame and Impotent amongst you and for the placing Apprentices such Children whose Parents are not able to Maintain them And hereof see that you fail not at your Peril Dated c. Under the Hands and Seals of us c. This Warrant must be under the Hands and Seals of two Justices of the County The Form of a Warrant to Distrain such as refuse to pay their Rates to the Poor c. To the Church-wardens and other Overseers of the Poor within the Parish of K. and every of them Warwick Forasmuch as we are Credible Informed or that it hath been duly proved before us That the Persons here under-named do refuse to Contribute or pay the Summs of Money here undermentioned set upon their Heads being sessed and rated upon them severally for and towards the necessary Relief of the Poor of your said Town according to the Form of the Statute in that behalf lately provided These are therefore in his Majesties Name straitly to charge and command you and every of you forthwith to require the said Persons so refusing to be before us to shew cause of their said Refusal and if they or any of them shall refuse to come before us that then immediately you do Levy all and every the said several Sums of Mony unpaid and all Arrearages thereof of all and every the said Persons so refusing by Distress and Sale of the Offenders Goods you rendring to the said Parties the Over-plus that shall remain upon the Sale of the said Goods if any be and this shall be a sufficient Warrant for your so doing Dated c. ☞ Note the Parties offending must be named here c. CHAP. XXI The Form of a Warrant for suppressing an Ale-house Surrey W. L. and C. L. two of his Majesty's Justices of Peace within the said County of S. To the Constables of G. and either of them Greeting Whereas we are credibly informed that M. B. of your Town Victualler is himself a Man of Evil Behaviour and besides doth suffer Evil Rule and Disorder to be kept in his House contrary to the Laws and Statutes of this Realm These are therefore to will and command you forthwith to repair to the House of the said M. B. and to charge him to surcease keeping any longer any Ale-house or Tipling-house and from common selling of Ale or Beer at his Peril and withal that you cause his Sign to be pulled down and hereof fail not as you and either of you will answer the contrary at your Peril Given under our Hands and Seals at T. the Day of and in the Year of the Reign of our most Gracious Sovereign Lord King William the third c. But it is usual with the Justices e'er they grant this last Warrant or a Warrant to Levy Monies forfeited by Ale-house Haunters to send for the Offenders and Examin them of the Offence that the Truth may be known and that the Information be not upon the Account of Brangling or Malice between the Parties so informed against and the Party informing but the Truth known upon plain Conviction Forfeitures in the latter Case may be Levyed upon refusal to pay by Distresses and Sale of Goods and for want of such Distress the Offenders set in the Stocks c. See more in the Office of a Constable in this Book CHAP. XXII Supersedeas Grantable by Justices of the Peace to supercede Warrants c. their Forms The Form of a Supersedeas by a Justice of Peace Sussex R. D. Esquire one of the Justices of Peace of our Sovereign Lord the King within the County of Sussex To the Sheriffs Bailiffs Constables and other of the Faithful Ministers of our Sovereign Lord within the said County and to every of them sendeth Greeting Forasmuch as L. T. of C. c. Husbandman hath personally come before me at D. c. and hath found sufficient Sureties that is to say W. C. and R. B. c. Yeomen either of which hath undertaken for the said L. T. under the pain of Twenty Pounds and the said L. T. hath undertaken for himself under the pain of Forty Pounds that he the said L. T. shall well and truly keep the Peace towards our Sovereign Lord and all his Leige People and especially towards R. M. of c. Baker and also that he shall personally appear before the Justices of the Peace of our said Sovereign Lord at the next General Sessions of the Peace to be holden for this County of Sussex Therefore on the behalf of our said Sovereign Lord I command you and every of you that you utterly forbear to Arrest Attatch Take or Imprison or otherwise by any means for the said occasion to molest the said L. T. and if you have for the said occasion and no other taken or imprisoned him that then you do cause him to be delivered and set at Liberty without farther Delay Given at D. in the County aforesaid under my Hand and Seal this 29 of January c. ☞ Note a Supersedeas of this Nature is held good though the Sureties are not named nor the Summ they are penally obliged in yet it is better to express them both for in such case if it shall appear the Sureties are not sufficiently Responsible nor bound in sufficient Summs better Sureties may be taken and accordingly all the Supersedeas issuing out of the Court of Chancery King's-bench and Common-pleas do mention the Names of the Sureties and the Summs they are obliged in for the Delinquents forth-coming to answer c. And further note that upon good Sureties taken for the good Behaviour a Supersedeas of good Behaviour may be granted as for the Peace Mutatis mutandis Crompt 237. Also a Supersedeas de capias indictamentum de Transgressione and so of an Exigent may be granted by the Justices of Peace out of the Sessions otherwise it would be Mischievous for the Party not only by Reason of his Imprisonment but also that he may be outlawed before the Sessions if so it were that the Justices of Peace might not take Sureties of him for his Appearance and all is no more than to appear and answer to the Indictment And these according to Crompton's Opinion Cromp. 234. may be granted by one Justice of the Peace and with him agree the Books of Entries However Lambert thinketh it not in the lawful Power of any one Justice of Peace to grant such Supersedeas at this Day but that it must run in the Names
to answer to such matters as shall be objected against him by N. M. within named to do and receive what the Court shall then and there enjoin him and that he do in the mean time keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege People and especially towards the said N. M. of E. aforesaid Yeoman that then this Recognizance to be void and of none effect or else to be and remain in full Force and Virtue The Form of a Condition for one to appear before the Justices of Peace at their next Sessions The Condition of this Recognizance is such that if the within Bounden W. A. shall make his Personal Appearance before the King's Majesties Justices of the Peace at the next Quarter-Sessions of the Peace to be holden for the said County of S. then and there to make Answer unto such Matters as on His Majesty's behalf shall be objected against him by W. A. or concerning c. and there shew the Matter shortly and shall also stand and abide such further Order as the said Court shall award or set down therein that then and from thenceforth this present Recognizance shall be frustrate and void or else to remain in full Force and Virtue The Form of a Condition for one that hath dangerously hurt another The Condition of this Recognizance is such that whereas the within bound K. R. hath now dangerously Hurt or Wounded L. G. of R. within the said County of S. Butcher giving him divers Blows or Cuts on the Head Face c. with a Chopper made of Iron and Steel so as the said L. G. is in danger of Death thereby If therefore the said K. R. shall make his Personal Appearance before the King's Majesty's Justices at the next General Goal-delivery to be held in the said County of S. then and there to make Answer to the Premises and to receive that which then shall be by the Court Injoyned him and that he the said K. R. in the mean time do keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege-people that then c. as before CHAP. XXIV The Forms of Mittimus's to deliver Persons Committed to Goal c. The Form of a Mittimus to send a Disorderly Servant or other Disorderly Person to the House of Correction Berks. I Have send you herewithal the Body of D. B. of R. in the said County of B. being an Idle Dissolute and Disorderly Fellow or one that will not keep his Service nor follow an Honest Course of Life These are therefore to Will and Require you to receive the said D. B. and him safely to keep till he shall be thence delivered by Warrant from my self or some other His Majesties Justices of the Peace for this County of Berks and in the mean time to hold him to hard Labour giving him the moderate Correction of the House by Whipping and otherways according to Law in such Cases provided and hereof fail not at your Peril Dated c. ☞ Note that the Justice at his Discretion may Limit a Time for his Imprisonment in the Mittimus as two or three Days and then to be Discharged c. The Form of a Mittimus of a Felon after his Examination taken Surrey I. B. Knight one of His Majesties Justices for the County aforesaid to the Keeper of His Majesties Goal at the Marshalsea in the Burrough of Southwark in the County aforesaid c. Greeting I send you herewith the Body of B A. late of G. Labourer brought before me this present Day and Charged with the Felonious taking five Swine which he hath also confessed upon Examination before me And therefore these are on the Behalf of our said Sovereign Lord the King to Command you that you immediately receive the said B. A. and him safely keep in your said Goal until that he shall be thence delivered by due Course of Law Hereof fail not as you will answer the Contempt at your Peril Given at C. the Day of in the Year of the Reign of our Sovereign Lord c. ☞ Note here the Party Confessing the Felony on Examination is held to Bar himself of being Bailed by the Justice c. The Form of a Mittimus upon Suspicion of Felony c. Essex I. D. Esq one of the Justices of the Peace for the County aforesaid To the Keeper of his Majesty's Goal at Chelmsford in the said County or to his Deputy there Greeting These are in his Majesty's Name to Charge and Command you that you receive into your said Goal the Body of B. K. late of D. Mariner taken by L. C. Constable of the Town of C. and by him brought before me for Suspicion of Felony c. and that you safely keep the said B. K. in your said Goal until the next General Goal-delivery for the said County if he be not Bailable or if Bailable then thus until he shall be thence delivered by due Course of Law And hereof fail not as you will answer the Contempt at your Peril c. The Form of a Mittimus to send the Reputed Father of a Bastard-child to Goal Warwick I send you herewithal the Body of C. R. of B. in the County of W. Labourer brought before me this present Day and Charged by S. J. of the same Town to have gotten her with Child and for that the said C. R. refuseth to put in Security for his Appearance at the next Quarter-Sessions and to the end he may be forth coming when as Order shall be taken for the Relief and Discharge of the said Town of B. and for the keeping of the said Child when it shall happen to be Born according to the Statute in that Case made and provided These are therefore on His Mejesties behalf to Charge and Command you that you immediately receive the said C. R. and him safely keep in your said Goal until such time as he shall be from thence delivered by due Order of Law and hereof fail not as you will answer your Contempt at your Peril Dated c. ☞ Note that in every Mittimus the Cause of the Commitment is to be set down to the end that it may appear and be made known whether the Prisoner be Bailable or not and the Mittimus must be directed to the Goal-keeper or his Deputy Also where the Justices of the Peace out of their Sessions may hear and determin and so may Commit Offenders for the Offences or Fine it is necessary that in their Mittimus there be contained the Manner of the Offence and how long time the Prisoner is to be kept in Prison for it and after this manner with varying the Names of Places and Persons as it shall happen on the Occasion and some other Variations i◠Point of Fact c. These may direct a Clerk to make others c. And Mittimus's may be directed thus c. To the Keeper of His Majesty's Goal
Court to the Grand Jury when they are to Enquire c. You shall diligently enquire and true Presentment make of all such Matters Articles and Things as shall be given you in Charge as well as of all other Matters and things as shall come to your Knowledge touching this present Service The King's Council your Fellows and your own you shall keep secret you shall Present no Person for Hatred or Malice neither shall you leave any one Unpresented for Fear Favour or Affection for Lucre or Gain or any Hopes thereof but in all things you shall Present the Truth and nothing but the Truth to the best of your Knowledge So help you God And now from what has been said it appears that this Important Office is Branched twofold The first is to preserve the Innocent from the Disgrace and Hazards which by Malice or any sinister Means they may be brought into for by the express Words of the Statute of 25 Edward the Third c. 3. and the 43 Edward 3. c. 3. it is said That for preventing Mischiefs done by false Accusers none shall be put to answer unless it be by Indictment or Presentment of Good and Lawful People of the same Neighbourhood where such Deeds be done and this no doubt may be taken to Imply a Grand Jury The other Branch is to enquire after and give Notices of all Nusances Offences Crimes and the like in the County for which they serve that so Offenders may be brought to Trial if they are forth coming or if fled from from Justice may be proceeded against upon the Outlawry and so Criminals Punished according to their Demerit A Grand-jury or Petty-jury where there is no Witness against the Prisoner for the Crime he stands Indicted for yet knowing him guilty of their own Knowledge may find it accordingly and this especially in the Petty-jury appears pretty plain by the Words spoken to them by the Court for if no Witness appears the Court thus speaks to the Jury or to this Effect Gentlemen of the Jury here is L. C. stands Idicted of such a Crime naming it and there is no Witness come against him So unless you of your own Knowledge know him Guilty you must Acquit him But where there is Evidence the Grand-jury must Industriously Examine the Evidence for the King and the Petty-jury must have the Prosecutor and his Evidence if he have any beside Face to Face with the Prisoner and patiently hear what can be Alledged in charging the one and the others defending himself and deliberately weigh the Matter and may pray the Court to ask such proper Questions of the King's Evidence and of the Prisoner and his Evidence as they think fit for their better Satisfaction and sifting out the Truth of the Matter and to Judge of Matter of Fact according to their Evidence as in their Consciences they shall believe and where a thing is doubtful to them that they cannot well Determin they may find it Special and leave it to the Determination of the Judges and so acquit themselves where such Doubts or Scruples shall arise of falling into an Error in Points of Law of which the Jurors are not held proper Judges but where it so requires must leave it Special And thus having spoken mostly in Generals I now come nearer to Particulars which may briefly give a further Light into these weighty Matters that Men Warned upon a Jury and Empanalled may be prepared a little to know what is Requisit in so great a Charge and Trust CHAP. XXVIII Several Material Things to be known relating to Jurys as the Law directs and according to the Opinion of the Learned Lawyers JUries both for Enquiry and Trial ought to be Probi Legales Homines Lamb. 396. Jurors must be inhabitants or Free holders within the County to the value of 4 l. per Annum by 27 Eliz. 6. But in Cities and Burroughs to the value of 40 l. in Goods Lamb. 396 397. Juror 70 Years Old or Decripid must serve if returned by the Sheriff if the Justices will have him to serve but he may if he will Sue the Sheriff upon the Statute of Westminster 2. Chap. 38. Lamb. 397. A Jury of Denizens is good where a Party is Extraneus unless he pray a Jury per meditatem Linguae 3 Cro. 869. Where a Baron is Sued a Knight must be returned on the Jury ibid. Jurors for the Trial of Indictments within the County Palatine of Lancaster must have five Pounds per Annum ibid. Jurors must not be nominated by any but the Bailiffs as well in Inquisitions before Coroner as Indictments before the Justices of Peace 1 Cro. 134. Jurors Exempted by Charter with the Words Licet Tangat nos are to be Discharged upon Appearance shewing it to the Sheriff but when there is want of sufficient Jurors no Exemption can discharge Stat. West 2. Chap. 38. Lamb. 197. If the particular Juries for the Hundred cannot be supplyed by those of the Hundred it is better to take Tales de Circumstantibus of another Hundred than to be renewed with a Tales from one Sessions to another Lamb. 398. A Jury of one Hundred may present an Offence done in another Hundred Lamb. 399. Justices may Command the Sheriff to alter the Panel and he upon Refusal forfeits 20 l. ibid. 3 Hen. 8. Chap. 12. All Jurors ought and must be Sworn otherways their Presentments are void but the Record being that all the Jurors were Sworn the Presentments are good though all be not Sworn Lamb. 399. Jurors may be Amerced for refusing to Present being Sworn 8 Co. 39. a. A Juror after he is Sworn upon sufficient Cause appearing may by the Justices be removed Lamb. 400. Jurors of Enquiry must be twelve as I have already said but they may be more and usually they are an odd Number tho' 12 of them Agreeing the Presentment is good and an Indictment may be found Lamb. 400. Juries of Inquiry ought not to be Committed to a Keeper nor kept without Victuals nor carried out of the Town but may be Ajourned to another Place to give up their Verdict Lamb. 400. Jurors wilfully concealing Offences Presentable and which be complained of by Bill may be enquired of by Persons whereof every one may spend Forty Shillings per Annum and such Concealment being found within a Year after every Juror shall be Amerced in open Sessions 3 Hen. 7. Chap 1. Lamb. 410 401. No Juror to be returned without an Addition whereby he may be known 27 Eliz. Chap. 7. Lamb. 432 Jurors that discover what they have done are Fineable Lamb. 402. And in Case of Treason or Felony it hath been Adjudged Felony Dalton 377. Jurors taking any thing to make a favourable Presentment shall be Imprisoned and Ransomed Lamb. 441. Crompt 84. a. 5 Edw. 3. Chap. 10. 1. Persons Attainted in Conspiracy 2. Attaint by Verdict 3. Decies tantum 4. Concealment 5. Subornation of Perjury these on a Jury are not Probi and their
none come within the Year to make Claim that then they shall be Appraised for the Duty and there a feme sole Merchant may be Sued without her Husband as has been said before and every one in London claims to have a Market in his Shop and his Shop is his Market for such Goods as belong to his Trade either in Buying or Selling. As if a Goldsmith buy Stolen Plate in his Shop openly not knowing it to be Stole and give for it a Lawful Marketable Price he may maintain it but if he buy it in an Ale-house or any other Tradesman's Shop or in the Street the Case is altered it is Unlawful buying not in the proper Market Sequestration by Custom of London By the Custom of London in an Action of Debt the Defendant shall have four Defaults and if he cannot be found but hath shut up his Shop and is gone a Precept shall be to the Sergeant at the Plaintiffs Request to Sequester the Goods of his House 11 Hen. 7. 2 P. 2. Contribution Debt was upon the Custom in London because the Plaintiff and 3 others were bound joyntly and severally in one Bond and one Pays all the Debt or part or the whole is recovered against him he may have an Action of Debt for Partition against the other Obligors Enter 1660. Debts under 40 s. in London Every Citizen and Freemen of London and every other Person Inhabiting or that shall Inhabit within the City of London and Liberties thereof being a Tradesman Victualer or Labouring-man which have or shall have any Debts owing to him or them not amounting to 40 s. by any Citizen or Freeman or by any other Person or Persons being a Victualer Tradesman or Labouring-man Inhabiting within the the said City or Liberties thereof should or might cause such Debtor or Debtors to be Warned to appear before the Commissioners of the Court of Request in Guild-hall and the said Commissioners or any 3 or more of them shall have Power to set down such Orders between Plaintiff and Defendant Creditor and Debtor touching such Debts not amounting to 40 s. as they shall find to stand with Equity and good Conscience And also the said Commissioners or any 3 or more of them have Power to Administer an Oath to the Creditor or Debtor and to such Witnesses as shall be produced on either part and also to commit to Prison in one of the Compters such Creditor or Debtor as shall not appear upon lawful Summons or not perform such Order as the said Commissioners or any 3 or more of them shall set 1 Jacobi 1. 3 Jacobi 1. the first Act being strengthened by the latter and by it the Court of Requests commonly called the Court of Conscience is Established to this Day happy for the poorer sort keeping them from many Misfortunes that would else befal them to the farther filling and crouding the Goals by Strifeful Vexations for small and trivial Matters were not this Court a Bar to restrain them to the great Ease and Security of poor people It is held before the Commissioners at the East end of the Guild-hall Wednesday and Saturday Weekly beginning usually about 11 in the Morning and sometimes if Business require it it may be sooner CHAP. XXXIX Marking a Cause in the Mayor's Court after a Verdict given in the Sherriffs Court to be done THere is a Practice in London called Marking a Cause before the Lord Mayor which is after a Verdict given in the Sheriffs Court for the Plaintiff in this Case the Defendant is to get the Cause mark'd before the Lord Mayor's Court and is like an Injunction in the Chancery to stay Judgment and Execution until the Matter be Examined in Equity where the Lord Mayor doth oftentimes if Cause be Mitigate the Damages or give the Defendant time to pay it Other Customs in London in this Court c. The Custom of London is if a Plaint of Debt be entred in the Sheriffs Court upon Suggestion of any of the Parties the Lord Mayor may send for both of them and Examine them upon the Truth of the Matter before Judgment and if he find that the Party is satisfied so much of it he may bar him but not after Judgment 10 Hen. 6. Chap. 14 15. Where he in the Reversion upon a Lease for a Year is impleaded of Lands in London and makes Default the Lord Mayor is to enquire by Neighbours in the presence of the Termor and Demandant whether the Plea be moved by a good Right or by Fraud to make the Termor to lose his Term and if it be found upon a good Right the Demandant shall have Judgment presently and if not the Termor shall have his Term and the Execution of the Judgment shall be suspended Stat. Glouc. Chap. 11. Deceit 1. Of Foreign Attachments c. By the Custom of London one may Detach either Money or Goods of the Defendants either in the Plaintiffs own hands or in the Custody of a third Person in either the Mayor or Sheriffs Courts and there if the Defendant appear not the Goods or Money may be Condemn'd The Attachment is entered in the Office as Actions are but with this Difference they enter the hour of the day when the Attachment is made for if many Attachments be made and come against one Man's Goods the first is first served He whose Goods are attached in another Man's hands may come and offer himself to Prison or put in Bail and dissolve the Attachment and after have a Writ of Priviledge though he render himself to Prison gratis because he was is there by Virtue of a Plaint But the Plaintiff may have a new Plaint against the Defendant and attach him by his Goods and then the Defendant may remove it by Certiorari and when the second Plaint is removed to the Common-Pleas the Justices shall Examine if the Goods were attached for Costs of Suit and then the Defendant may be discharged but if it be found by Oath that they were attached for Merchandizes or for any Cause than before it shall be Remanded But if the Party were in Execution in London and afterward Suit is commenc'd in the Common-Pleas A Writ shall go to the Mayor and Sheriff to have the Prisoner there and make an Attorney and then he shall be sent back but if he were impleaded in the Common-Pleas and afterwards Arrested in London and the Mayor's Court send for the Party he shall be Discharged of the Suit in London by the Priviledge of the Mayor's Court M. 38. Hen. 6.12 P. 2. When an Attatchment is made in the Hands of a third Person there after a Default the Defendant within a Year and a Day may put in Sureties to Answer the Plaintiff the Duty or may render his Body to Prison if he cannot find Sureties and therefore in a Writ of Priviledge after he had yielded his Body to Prison he was Bailed because the yielding his Body to Prison was after the Suâ—t in the
a Quaker and then according to the late Statute for taking the Oaths c. his Affirmation will hold good in lieu of an Oath he may be bound over by the Justices to the next Sessions or Assize and there Prosecuted for a Contempt But passing over these I now come to direct the Constable c. in the more material Parts of his Office wherein he may readily order and manage his Affairs in d scharge of his Duty without running into Inconveniences or Hazards that may being Trouble and Charges upon him for whatever the Fancy of some is a Constable is no more a Priviledged Man than any other where he exceeds the Bounds of his Office in unaccountable Actions And the first Particular I shall offer is his Duty in Serving of Warrants directed to him by Justices in Commission for the Peace or other Magistrates having Power to grant Warrants and how far he may be safe in this and where he may err CHAP. XLIII The Office and Duty of a Constable Headborough c. in Serving or Executing Warrants directed to him by Justices in Commission for the Peace c. IF a Warrant be brought to a Constable or other Sworn Officer his safest way is to Charge the Party making the Plaine to Assist him in the King's Name and shew him the Party or Parties mentioned in the Warrant unless himself be well acquainted with him or them lest a Mistake by the Names agreeing may run him into an Error in taking the wrong Party and if he be a Sworn known Officer he may refuse to shew his Warrant but must declare to the Party he goes to Arrest what is therein charged against him but it is otherwise where a Warrant is given to be served by one who is not a known Sworn Officer as a Justices Servant c. For there upon demand he must produce the Warrant or the Party on whom it is Served may refuse to Obey and Lawfully Resist If a Constable Arrest a Man or Woman in the Kings Name pretending he has a Warrant and at that time has none but presently goes and gets one the Party may bring an Action of false Imprisonment against him and recover such Damages with Cost as shall be Awarded Coke 6.69 If a Constable have a Warrant against A. B. the Son of L. B. and he takes into his Custody A. B. the Son of R. B. though he happen to be the Offender against whom the Complaint was made yet he goes from his Warrant and doing thereby an unjustifiable Action there lies an Action of false Imprisonment against him 10 E. 4. Fol. 12. If a Constable Arrests a Man with a Warrant from a Justice of the Peace and having him in Custody takes his Word to come again another time by his so dismissing him the Warrant is void and cannot be Served again But if a Rescue be made or the Prisoner Escapes without the Officer's Consent then upon fresh Pursuit he may take him with the same Warrant as often as he is Rescued or Escapes and may pursue him into another Town or County though he be out of sight C ompt 214. a. and 184. Cro. 53 114. If a Justice send a Warrant for a Matter wherein he hath Jurisdiction though he goes beyond his Authority yet the Officer is bound to obey it and his producing his Warrant saves him harmless the Justice being then to answer for it but on the contrary if a Justice Issues out a Warrant for a Matter out of his Jurisdiction where he is no Judge of the Cause the Constable is not bound to Obey it for he is bound to take notice of the Jurisdiction and Authority of the Judge and where the Justice as is said can be no Judge of the Matter charged in the Warrant he is no more bound to Obey him than if he had no Commission 14 H. 8. Co. 10. â—6 If a Warrant be directed to an Officer to serve on a Person for ordinary Matters the Warrant not specifying the Cause but only to answer to all such Matters as shall be objected against him or her this is held to be an illegal Warrant and the Officer that Executes it lies liable to an Action of false Imprisonment Cook 's Institutes part 4. Tit. de Frangent Prison However for Reason of State Warrants for Treason or such as are Granted by the Lords of the Privy Council Secretaries of State or the Lord Chief Justice of England these need not set forth the Cause by reason they are usually granted on Matters of great Importance where Secrecy is required If any Party be taken by a Legal Warrant and make Resistance the Constable in the King's Name may command Assistance and if the Resisting Party be Beaten or Wounded the Amends is in his own Hand for Opposing the King's Authority but if the Constable or any of his Assistants be Beaten or Wounded the Party is Indictable as likewise liable to an Action at Common-law and if any of them Die of the Beating and Wounds within 12 Months it is Murther Persons refusing to assist a known Sworn Officer charging them in the King's Name lye liable to be bound over to the Sessions and Fined at the Discretion of the Justices and the like for those that shall contemn or abuse a Justices Warrant by tearing treading under Foot or any way defacing it c. over and above being bound to the good Behaviour for it is a Contempt against the King's Process Crompt 144. CHAP. XLIV The Office of a Constable c. How it ought to be executed relating to Affrays c. IF a Constable be present at an Affray he may command the standers by in the King's Name to assist him in keeping the Peace and upon Complaint of the Constable the Inquest may Indict the Party refusing and be F ned by the Justices at their Sessions for refusing to do his Duty If a Constable or other such like Officer be present when one Man or Woman Assaults another or with violent Words threatens to beat or kill any one and be in a fury ready to break the Peace In such case the Constable Headborough c. may commit the Offenders to the Stocks or some other safe place of Custody till he can carry them before a Justice who may upon Complaint compel them to find Sureties for the Peace or good Behaviour and for want of such Sureties commit them to Prison 3 Hen. 4 9 and 10. Bacon's use of the Law c. Where any Affray is like to be the Constable in the King's Name may command them to depart on Pain of Imprisonment and if they refuse he may take them into Custody or Indict such as refuse if any harm be done at the next Sessions and if a Constable be present at an Affray and does not his Endeavour to prevent it and seize the Offenders he lies liable upon a Presentment of the Jury to be Fined Dalton's Justice of the Peace c. 1. Fol. 4. 5. A
Constable may resist the Affrayers after Proclamation made to depart and compel them to it by force and if he or any of his Assistance be Wounded they have their Remedy by Statute and Common-law and if Killed or Dying of their Wounds it is Murther in the Affrayers Lamb. 135. 1 Hen. 7. 7. 3 H. 7. 10. If the Affrayers be in a House the Doors locked or bolted the Constable may break them open to part the Affray and keep the Peace though none have taken hurt and if they fly into another House the Constable upon fresh Pursuit may break into that House to apprehend them and so till they shall be taken Lamb. 125. 7 Edw. 3. 19. If any be dangerously hurt in an Affray though the Constable be not present at the Affray yet may he seize the Offenders and carry them before a Justice of the Peace who is to require Sureties of them or the Wounds being supposed Mortal to commit them to Prison till it be certified by Chyrurgeons or Physitians wheâ—her the Pa ty will live or Die Dalt Just P. c. 8. Fol. 33. After the Affray is over the Constable not being present at it cannot seize them without Warrant unless some one be dangerously Wounded and much Blood drawn If Affrayers escape into an other County or Franchise a Constable upon fresh Pursuit may seize them there and carry them before a Justice of the Peace of the same County to find Sureties for the Peace but then he must see the Affray All Contests aâ—e not properly Affrays for to make it such there must be some Blows given or offered to be given for hasty Words will not warrant an Affray unless they threaten to Beat Kill or Wound one another and in such Case a Constable may Apprehend the Offenders and carry them before a Justice to find Surety for the Peace and yet such threatning Words are not properly taken for an Affray Dalt Just P. c. 8. Fol 34. 38. Hen. 8. CHAP. XLV The Constables Office relating to Arrests or Escapes of Prisoners Felons c. UPon a Constable or any Swo n Officer of the Peace having Arrested a Felon or taken any Person into Custody on Suspicion thereof and he is conniving at his Escape or giveth him leave to go out of his Custody at Liberty so that he does escape it is no Felony in the Prisoner but it lies upon the Constable and he must Answer for it but if the Prisoner accidentally escape without the Constable's Consent he is then Guilty of Felony and the Constable Finable for his Negligence If a Constable by his Negligence let a Prisoner in his Custody have Opportunity to make away with himself by Stabbing Drowning or any violent Death he is Fineable Dalt Just P. c. 1 6. Fol. 272. Where a Felony is committed and one is taken by a Constable on Suspicion of committing it though afterward the Constable be very well satisfied he is innocent yet may not he discharge him without carrying him before a Justice of the Peace for being once taken into Custody he must be delivered by due course of Law nor may a Constable suffer the Compounding any Felony for if it be done after he Arrests the Party or before he is to declare his Knowledge of such Compounding before the Justice or for Conniving to Extenuate the Fact and set the Prisoner at Liberty he is Finable and some hold he may be brought in as an Accessary A Constable may use all lawful Means to secure his Prisoner as setting him in the Stocks or putting Irons on him if he be Unruly till he can carry him before a Justice or Pinion his Hands behind him with Cords to prevent his Escape in carrying him thither or to Prison If the Goaler will not receive a Prisoner of a Constable where he is lawfully committed he must not however let him go but bring him back to the Town or Village where he was taken or where the Constable dwells and the Town where he was taken shall be at the charge of keeping him until the next Goal Delivery to be raised by way of Tax amongst the Inhabitants if the Prisoner has no Mony or Goods to defray it and in such Case the Goaler shall be Punished by the Justices in their Sessions or Assize for his Refusal and Contempt If there be much Charge in carrying a Prisoner to Goal the Inhabitants where he was taken may be obliged to contribute to it to be Levyed by such of the principal Inhabitants as shall be thereunto appointed at their Discretion CHAP. XLVI The Office of a Constable c. In Relation to Hue and Cry and how he must discharge his Duty therein WHen a Hue and Cry is Levyed and Issued out whether for Robbery Murther c. when it comes to the Hands of a Constable Headborough Tythingman c. They must forthwith make diligent Search in all suspected Houses Barns and Out-houses and other Houses at their Discretion and all Places within their Liberty or Precincts and have Power to stop any Suspected Persons as in Search or Pursuit they shall find or suspect to have done the Fact comparing him or her or their Horses with the Description given in the Hue and Cry and if Cause be found to carry the Party before the next Justice of the Peace in the County where taken there to be strictly Examined where he or they were at that time of the Fact committed and for the neglect of this Duty the Officer lies liable to be Fined by the Justices in Sessions and search being diligently made must without delay send it to the next Constable or Officer of the Peace unless the Party or Parties be taken who are known to have committed the Fact mentioned therein Dalt Just P. c. 28. Fol. 75. Where a Robbery is committed in a Hundred and the Hundred is sued for it though the Dammages are recovered against one or two of the said Hundred yet they are not to bear the Charge but the rest must proportionably contribute according to their Ability and two Justices of the Peace one to be of the Quorum dwelling in or near the said Hundred may set a Tax on every Parish within it and then it is the Duty of the Constable or Tythingman of each Parish to settle the Gross Tax proportionably on the Inhabitants in particular and may upon refusal of Payment make Distress and Sale of Goods delivering the Overplus on due Appraisement to the Owner and the Money so collected is to be put into the Hands of the Justices or some of them that made the Rate within Ten days after according to 27 Eliz. Cap. 13. c. If fresh pursuit on the Hue and Cry shall cease in any Hundred it is lyable to pay half the Dammages to the Hundred wherein the Robbery was committed to be recovered by Action in any of his Majesty's Courts at Westminster at the suit of the Clerk of the Peace for the County and though in the
Money shall be had to the use of the Parish where the Distress is first made for though they pass through several Parishes yet are they to pay but 20 s. for one Journey 3 Car. 1. Chap. 1. Dalton Chap. 50. Folio 134. If any Bull-baiting Bear-baiting Enterludes or other unlawful Games and Pastimes of the like Nature be held in the Parish or out of the Parish on the Lords Day upon Warrant to him directed the Constables c. may levy 3 s. 8 d. by Distress and Sale of the Offenders Goods rendring the Overplus to the Owner if any bâ—â— or set the Party for want of such Distress in the Stocks by the space of 3 Hours but then the Party offending must be questioned within the space of a Month after the Offence committed 1 Caroli 1. Chap. 1 Dalt Just P. Chap. 23. Folio 6â— None shall do any work by Labour or Business on the Lords Day Works of Necessity and Charity only excepted but that the Offender if above the Age of 14 Years or upwards shall forfeit 5 s. None shall cry and expose to sale any Wares that Day on pain to forfeit them except Milk and that before Nine in the Morning and after Four in the Afternoon No Drover Higler Horsecourser Butcher or their Servants shall Travel on the Lords Day upon pain of forfeiting 20 s. No Person shall Travel on this Day on Horseback or with Boat or Wherry unless on extraordinary Occasions to be allowed by a Justice of the Peace or Head Officer of the Place under penalty of forfeiting 5 s. No Hackny Coaches to Travel that day unless such as are allowed by the late Act of his present Majesty King William 3. c. for Licensing Hackney Coaches c. 29 Caroli 2. Chap. 7. And Penalties upon this Act are for the use of the Poor of the Parish where they are levied or the Offence committed saving the Justice or other Head Officer may reward the Informer if he think fit with a Third Part. And further note that the Prosecution of this Act must be made within 10 Days after the Fact committed Dressing Meat in Inns Cooks Shops and private Families are not prohibited on the Lords Day by the Statute of 29 Caroli 2. And for the better encouragement of the Mackrel Fishery they are in the Season to be Sold on this Day but before and after Sermon time only CHAP. XLIX The Office and Duty of a Constable c. required about hired Servants Labourers c. IF Labourers are wanting in Harvest or Hay time the Party so standing in need may require the Constable to cause such Persons as he thinks fit to Mow Reap or do any Work relating to getting in the Hay and Corn Harvest and they to be payed by the Day according as they are able to perform and if they shall refuse to work after they are requested thereunto by the Constable he has Power to set them in the Stocks by the space of two Days and one Night and upon the Constables neglect to perform his Duty in this Case he forfeits 40 s. 5 Eliz. Chap 14. Servants c. After the time of their Work be expired they being employed in Husbandry or any Arts appointed in that Statute they shall not depart the Parish City or Town where they last served to any other without a Testimonial that is in a Town Corporate under the Hand and Seal of the Chief Magistrate and two Housholders there and in the Country under the Hands and Seals of the Constable or other Officers and two Housholders of the said Town or Parish where he or she last served and the Minister is to receive Two Pence for Registring the said Testimonial which is to be delivered by him to the Party whose Name is mentioned therein according to the Statute of the 5 Eliz. Chap. 5. and the Testimonial is to run in this Form The Form of a Testimonial c. Memorandum That John Digs Servant to James Dillion of Stretham in the County of Surry Grazier is licensed to depart from his said Master and is at full 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 on the 28th of September in the 12th Year of the Reign of our Gracious Sovereign Lord King William the Third and in the Year of our Lord 1700. James Wade Constable of Stretham Housholders there Richard Tims John Nobs If the Party lives with a Widow or any single Person then instead of Master set down Mistress or Dame with the Womans Name and the Name of the Servant be it Man or Maid Servant or what else they term themselves and if the Parties they live with be Handycrafts or any other Calling their Calling with their Names and the place of Abode must be set down and testified in all respects as aforesaid He or She that Entertains any Servant without such a Testimonial forfeits Five Pounds being lawfully Convicted upon Indictment before the Justices in Sessions and every Servant not producing such a Testimonial to the Mayor Constable Churchwarden Minister or other Officers impowered to inspect it may be Imprisoned till such a one be procured and if he or she procure not one in 21 Days ensuing the Day of Imprisonment or produce a false and counterfeit one he or she so doing is to be Whipt and used as a Vagabond 5 Elizabeth Chap. 4. Dalton Just P. Chap. 31. Folio 63. And this Statute relating to Testimonials was punctually observed tho' of latter days it has not been much regarded that people taking Servants at they knew not what Hand have been frequently Robbed by them not knowing afterwards where to find them or enquire after them and therefore it would be well if it was yet strictly kept in use and indeed the penalties are in as much force to be inflicted as ever CHAP. L. The Office of a Constable as to what he is to do relating to Popish Recusants and Conventicles ANY one exceeding Sixteen Years of Age being a Popish Recusant must within 40 Days after Conviction repair to their usual and known Dwellings and not to remove five Miles thence under Penalty of forfeiting all their Goods Lands and Chattels Anuities c. during Life and if they can assign no certain place of Aboad then are they to repair to the place of their Birth or where their Father or Mother dwell if they are living and in 20 days after their Arrival give in their Names to the Minister Constable and Headborough in Writing which Minister is to enter them in a Book to be kept for the purpose and he with the said Officers are to certify the same the next Quarter Sessions where the Justices of Peace are obliged to cause the same to be inrolled 35 Eliz. Chap. 2. Wingate's Stat. Title Crown Note that the Church Wardens and Constables of every Parish or one of them and where there are none such the
Behaviour And if a Constable or Peace Officer who ought to do it refuses such Rogue or Vagabond or if he does receive him and does not carry or send him to the next Constable in order to his being sent to the place appointed he forfeits for every such Offence Five Pounds and the Justice furthermore may bind him over to the good Behaviour 39 Eliz. Chap. 4. Dalt Chap. 47. Folio 128 c. If any such sturdy Rogue or Vagabond shall come begging to any House the owner of it seeing it is to apprehend him or her and deliver the Offender to the next Constable or else he forfeits Ten Shillings and the Constable is to whip and convey such Rogue as before directed under the Penalty of 20 s. 1 Jacobi 1 Chap. 7. Dalt 147. Folio 128. Two Justices of the Peace one to be of the Quorum may by Warrant under their Hands and Seals cause to be levyed by Distress and Sale of the Offendors Goods all Forfeitures and Fines before mentioned the party being first convicted either by his own Confession or the proof of two Witnesses before the said Justices 39 Eliz. Chap. 4. 1 Jacobi 1 Chap. 7. Dalt Chap. 47. Fol. 149. Constables Headboroughs or Tythingmen neglecting to make search for Rogues or Vagabonds upon the Justices Warrant directed to them or to appear at their Meeting to give up their account what Rogues c. they have punished or sent to the House of Correction or upon neglect to send such to the House of Correction as by order of Warrant are committed the Justices at their Discretion may fine those so transgressing in a Summ not exceeding 40 s. 7 Jacobi 1. Chap. 4. If any one not being an Officer shall apprehend a Rogue or Vagabond and carry him before a Justice of the Peace the Justice has power to reward the said person by granting to him a Warrant under his Hand and Seal to the Constable or Tythingman of the place through which he passed unapprehended ordering thereby the said Officer to pay 2 s. for every Rogue so apprehended and upon refusal of payment the Justice may proceed against the Officer pursuant to the Statute 1 Jacobi 1. Chap 7. and constrain him to pay his Forfeiture limited by the same Statute and out of it to allow the said two Shillings with charges for loss of time as to him shall seem meet 1 Jacobi 1 7. 14 Caroli 2. Chap. 12. And considering Constables Tythingmen c. are at much charge many times in rebearing and carrying with Passes such as come to their Hands The Churchwardens Overseers of the Poor and other Inhabitants may make a Rate to Tax the Inhabitants of the Parish who are lyably chargeable by the Statute of the 43 of Elizabeth to be confirmed under the Hands and Seals of two Justices of the Peace and upon refusal of any to pay the Constable may by Warrant levy it by Distress and Sale of Goods returning the Overplus to the Owner if any such there be 4 Caroli 2. Chap. 12. As for Rogues or Vagrants of both Sexes they are under several Circumstances or Denominations and that an Officer may know who are such and who not viz. All Schollars and Seafaring Men that Beg all wandring persons that use unlawful Games subtil Crafts or Plays and such as pretend to have Skill in Phisiognomy Figure-casters or Fortune-tellers all Proctors Pattent-gatherers unless such as are impowered to do it by Letters patents under the great Seal upon the account of Losses by Fire all Collectors for Goals Prisoners or Hospitals wandring abroad on that Occasion without sufficient Warrant to authorize them All Fencers and Bearwards Common players of Interludes Minstrels Fidlers if so they be found wandring abroad All Labourers that wander abroad without the Limits of their respective parishes and refuse to work for such Wages as shall be reasonably taxed having no other visible way to maintain themselvs all such as go with general Pasports not directed from parish to parish All Juglers and such as use Tricks by slight of Hand Artists Tinkers Pedlers and Petty-Chapmen also Glass-men wandring abroadâ— unknown and without a sufficient Testimonial all those that counterfeit themselves Egyptians not Felons upon the Statute made in that case all persons delivered out of Goal that wander begging for Fees or otherways begging all such as pass and repass to and from the Bath for the recovery of their Health not pursuing their License all Soldiers and Mariners that beg and counterfeit a Certificate of their Commanders that is to say either Male or Female being above seven Years and so transgressing as aforesaid and those if they do not beg yet if they wander and loiter about without any Pasport or sufficient Testimonial are accounted Rogues and Vagabondâ— those that beg in their own Parish or in the High ways without the Appointment or License of the Overseers are lyable to be sent to the House of Correction And to authorise the Constable Tything-man and other Officers to apprehend and order them as aforesaid See 39 Eliz. Chap. 4. and 17. 43. Eliz. Chap. 2. 21 Jacobi 1 Chap 28. 7 Jacobi 1 Chap. 4 5 Eliz. Chap. 4. Dalton Chap. 47. Folio 123 125 134. CHAP. LVI The Constables Office in disposing of the Wives and Children of Rogues Vagabonds or Sturdy Beggars THE Wife of such Sturdy Rogue or Beggar the Children being under Seven Years of Age must be placed with the Husband and if he be dead then the Children to be placed with the Wife in the Parish where she was born or last dwelt and the Vagrant Children exceeding Seven Years of Age must be sent to the place of their Birth and if with Children under Seven Years of Age the Vagrant Parents are placed at the place of the Birth of the said Children or in the place where they last dwelt if afterwards the Parents or either of them happen to die or run away leaving the said Children yet they once setled must still remain in that Settlement and ought not to be sent to the place of their Birth tho' they have attained to the Age of 7 Years or upwards according to the 2. Eliz. Chap. 4. Resol Judges Sect. 45. Dalton Just P. Chap. 47. Folio 135. The Vagrant Wife must be sent to her Husband tho' he be no other than a Servant in any Parish or Town and a Rogue or Vagrant not able to assign any place of Birth if he have a Wife and Children under Seven Years old they must be sent with the said Vagrant Rogue to the Parish or Town through which they by Sufferance last past unpunished and the Children relieved with the Work of their Parents though they be committed to the House of Correction if it be possible they thereby can relieve them CHAP. LVII The Duty and Office of a Constable c. relating to Alehouses Inns c. HE that without a License shall presume to keep an Alehouse selling Ale or Beer forfeits 20 s.
till the Morning and such as refuse to obey they may levy Hue and Cry in pursuit of them And where they resist if the Watchmen beat them it is justifiable and to secure them they may put them into the Stocks or Cage till the Morning and then if they give a good account of themselves or that no further Suspicion appear but that they may be honest people they may let them go but if otherwise then they are to deliver them to the Constable who is to convey them before a Justice to be examined who may commit them bind them over or utterly discharge them according as he finds Cause The Watch in this Case is to Apprehend such as Ride or go Armed Scouts Evesdroppers Noctivagrants Night-walkers and all sorts of Rogues and Vagabonds c. 1 Dalt Chap. 60. Folio 140. 5 Hen. 7. 5. 5 Edw. 3. 14. The Watch so set by Authority must be Men Healthy and of able Bodies and do their Duty sufficiently Armed and no person not being an Inhabitant within the Town or Parish where the Watch is kept can be compelled to Watch. The Inhabitants are to take their Watching in turns as it comes to them by the Number of Houses as the Custom of the place has been and may not by compelled out of order by the Constable to do it If any Inhabitant be lawfully Warned in his Turn by the Constable to Watch and refuses it he may Present him at the next Sessions or Assize or to make his Complaint to a Justice of Peace who has Power to bind him over to his good Behaviour and so continue him to the next Assize or Sessions to answer the Contempt and this is the surest way though Dalton holds the Constable Ex Officio may set him in the Stocks for such Contempt If a Constable or any private person do make a Refusal to attend on a Justice of the Peace being so Requested to do in order to remove a Force or convey any party to the Goal for such a Neglect of his Duty he may be Imprisoned and over and above Fined to the King 15 Rich. 2. Chap. 2. Dalt Just P. Chap. 22. Folio 57. CHAP. LX. The Office of a Constable relating to Hedge-breakers Destroyers of Vnderwoods c. THE Constables Headboroughs Tything-men c. are Impowered to Apprehend or cause to be Apprehended any such persons they suspect to have carried away any Burthens or Bundles of Poles Underwood young Trees or the Bark of any Trees Pales Rails Gates Posts Hedge-wood Broom Furzes or any Bundles of Wood c. And by Warrant under the Hand and Seal of one Justice may enter into the House or any place belonging to the House of such Offender or person suspected and where they shall find any such Wood c. To Apprehend the party suspected for cutting the said Wood and those in whose Custody it is found and to carry them before a Justice of Peace in order to be examined and if no sufficient Account can be given how they Lawfully came by it or shall not within a Time Limited prove who he bought it of then shall he stand Convicted of cutting and spoiling Wood within the Statute of 43 Eliz. and for the first Offence shall give such Satisfaction to the Owner as the Justice shall appoint and over and above pay to the Poor where the Offence was committed such Summ as the Justice shall Amerce him in not exceeding ten Shillings and for Non-payment the Justice has Power to Commit the Offender to the House of Correction for a limited Time as he shall think fit not exceeding one Month or at his Discretion to be Whipped by the Constable or other Officer For the second Offence the Offendor is to be sent for one Month to the House of Correction and there to be held to hard Labour and upon a third Offence to be Punished as an incorrigible Rogue 15 Caroli 2. Chap. 2. If any Person procure for Mony any Burthen of Sticks Wood or Under-wood c. of such Persons as may reasonably be suspected to have gotten them Unlawfully and a Complaint be made to a Justice of the Peace and it appear upon Examination that the Wood so bought was Unlawfully come by the Justice may compel the Party who bought it to pay treble the value to the proper Owner and for want of such Payment upon Warrant granted the Constable may Levy it by Distress and Sale of Goods rendring the over plus to the Owner if any there be and in defect of wherewith to make Distress to Commit the Party to the Goal at his proper Charge to continue there for the space of a Month not liable to Bail 15 Caroli 2. Chap. 2. ☞ Note that by Virtue of this Statute no Person is to be punished that for the same Offence has ben punished by a former Law and every Offender to be brought within the force of this Statute must be Prosecuted within 6 Months after the Offence is committed CHAP. LXI What is required of a Constable in the Performance of his Office in case of Landlord's Distraining for Rent c. ACcording to the late Act made the 1st Day of June in the second Year of W. and M. 1690. If a Distress be made on the Premises and the Tenant or Owner of the Goods or Chattels so Distrained do not within five Days after the Distress made and notice thereof given with the cause of such taking left at the chief Mansion-house or most noted Place on the Premises charged with the Rent for which the Distress is made Replevy giving sufficient Sureties to the Sheriff according to Law That then the five Days expired the Person so distraining has Power with the Sheriff Under-Sheriff of the County or with the Constable of the Hundred Parish or Place in which such Distress shall be taken who by this Statute are required to be Aiding and Assisting to cause the Goods and Chattels so taken in Distress to be Appraised by two Sworn Appraisers whom the Sheriff Under-Sheriff or Constable are by this Act Impowered to Swear to Appraise the same truly according to the best of their Understandings And such Appraisement made Seisors may lawfully Sell and Dispose of the Goods and Chattels for the best Price that may be gotten for the same towards Satisfaction of the said Rent for which the Distress is made and of the Charges of such Distress Appraisement and Sale leaving the over-plus if any be in the Hands of the Sheriff or Under-Sheriff or Constable for the Use of the Owner And the â—oods being left on the Premisses till Sale can be made as aforesaid upon any Pound Breach of Corn c. or Rescues of Goods or Chattels Distrained for Rent the person or persons thereby Aggrieved shall upon a special Action of the Case for a Wrong thereby sustained recover his or their Treble Damages and Costs of Suit against the Offendor or Offendors of such Pound Breach or Rescues any or either
with Bread Cakes Cheese and Ale though his Ancestors living in the same House had done it on the like occasions time out of mind a Prohibition will lie against it for that in such Cases the Church-wardens claim it in the nature of a Corody ☞ And now for Brevity sake I pass over some other little Matters not mainly significant belonging to this Office directing the Church-warden for his better Information of many things that concerns his Office to peruse the Office and Duty of a Constable where he is jointly impowered to act with him in many particulars not here so expresly set down and in which he may see more copiously what in Criminal Matters he is to do The end of the Office of a Church-warden c. The Duty and Office of the Overseers of the Poor CHAP. LXXV The Office of the Overseers of the Poor how to be Qualified and Chosen where they may Act and what degrees of Poor they are to have regard to in order to Relieve them THis is an Office very commendable and of great Trust chiefly requiring Diligence and a good Conscience in the performance of it It is of great Antiquity and the Roman Senators gloried more in this than in all their honourable Trusts and Promotions they were prouder to be stiled Patrons of the Poor than of any Dignity whatsoever and well administred it gains not only a good Name here but has God's Blessing along with it to make those that well discharge their Duty eternally Happy hereafter These Officers ought to be credible honest substantial Men. They are to be yearly chosen and joined with the Church-wardens of the Parish in the Over-sight due Regard and Care of the Poor they are to be made choice of by two or more of the Justices of the Peace one to be of the Quorum who are enjoined yearly at Easter or within a Month after under their Hands and Seals to appoint 4 3 or 2 Substantial House-keepers according as the Parish requires to be joined with the Church-wardens to oversee and look to the Poor in their Parish according to the Statute of 43 Eliz. Chap. 2. 21 Jacobi 1. Chap. 28. In this Case the major part of the Officers without the remainder may do any thing belonging to their Office with the Allowance and Consent of them either in particular or general with two Justices of the Peace one to be of the Quorum and when they are not hindred by just Occasion the Excuse to be allowed by two Justices of the Peace they are to meet on the Lord s-day in the Church monthly after Evening-prayer to consult of such Matters relating to their Office as may turn to their best Advantage and upon neglect without such reasonable Excuse are liable to forfeit 20 s. for every Default 43 Eliz. Wingate's Stat. Tit. poor People And if according to the 43 of Eliz. they be not regularly and duly appointed then every justice of the Peace or Head Officer of that Division forfeits 5 l. which may be levyed by a Warrant of Sessions and employed to the Use of the Poor where such Default is made Of the Poor there are reckoned 3 sorts or degrees and first those by Defect and Impotency as the Aged and Decrepid being past their Labour The Infant Fatherless and Motherless not capable of being set on Work Those naturally Disabled either in Wit or Members as the Lunatick Ideot Lame Blind and the like not being able or capable to Work and Persons being visited with grievous Sickness and Diseases though Casually however being for a time thereby rendred Impotent These in their degrees are to be provided for and the Overseers are to take care they have necessary Relief and such proportionable Allowances as shall appear convenient according to the measure and continuance of their Needs and Maladies Secondly Such Poor by Casualty such as are casually Disabled or Maimed in Body as Labourers Soldiers Mariners c. Maimed or so Disabled in their proper or lawful Calling Also the decayed Housholder by Casualty of Fire Losses at Sea Suretyship Robbery or Decay and Loss in Trade c. A poor Man or Woman over charged or burthened with Children and not able to keep them by their Labour All these and the like having Strength and Ability of Body but no means whereby to Sustain themselves or Children are to be set to work but if the Profit thereby arising procure not a sufficient necessary Maintenance so that they cannot live thereby they are Objects of Charity and to be relieved at the Charge of the Parish in some reasonable proportion and measure as their respective Wants and Necessities shall render them deserving in the just Opinion of the Overseers under whose Care they are Thirdly Such as are Thriftless who have wasted what they had by Prodigality and Riotousness Playing Drinking Debauchery and the like or such as are Dissolute Strumpets Pilferers idle Persons refusing to work Vagabonds that will settle in no place nor be content with Service and for these the House of Correction is appointed where they are to be sent and if of able Bodies put to hard Labour to maintain themselves by it without being chargeable to the Parish Town or County for any Allowance however they are not to be suffered to perish for Want but in case any of these last sort prove Impotent by Sickness want of Ability of Body or that their Work will not supply what is needful for the Necessaries of Nature then in their extream Necessity there must be an Allowance by the Town c. Dalt Just P. Chap. 73. Folio 170. And where the Parents are able to Work for their Children so that it will maintain them they may be compelled to do it but if over-burthened the Overseers at their Discretion may take what Children they think fit off their hands and put them Apprentice or otherways dispose of them to Nurses or else allow the Parents something to enable them to keep them The Father Grand-father Mother Grand-mother Children and Grand-children are obliged to relieve those so allied to them that are poor and impotent if themselves are of Ability in such manner as the Justices shall order it at their Quarter Sessions by assisting the Party or Parties and upon obstinate Refusal or neglect to obey their Order a Penalty of 20 s. every Month is forfei ed to the Poor of the Parish to be levyed by the Church-wardens Overseers o◠one of them by Distress and Sale of the Offender's Goods having first to that end received a Warrant under the Hands and Seals of two ustices of the Peace one to be of the Quorum and in defect of such Distress the Justices may commit the Offender to Prison without Bail or Mainprize to remain there till the Forfeiture be paid 4◠Eliz. 2 Dalt Just P. Chap. 73. Fol. 156. Resol Judges 16 17. But a Grand-father-in-Law if he has no Estate with the Grand-mother in Marriage or that after comes to her is
though they stay after their Work is done and if any return from the Parish from whence they are removed it is in the Power of the Justice of the Peace to send them to the House of Correction where they may be punished as Vagabonds or at his Discretion he may send them to a common Work house there to be employed at hard Labour and upon the Refusal of the Church-wardens or Overseers of the Poor to receive them and provide them Work c they may by the Justice be bound over to answer it at the Sessions or Assize In Case of a Bastard Child Born in any Parish the Churchwardens and Overseers for the Poor may in saving the Parish harmless seize so much Goods Profits or Lands to its use belonging to the Lewd Mother or Reputed Father as will discharge the said Parish or toward the discharging of it from such Charges as may thereby inâ—ur which is to be awarded and settled by two Justices of the Peace and confirmed at the Sessions and there an Order may be made to the Church-wardens and Overseers by Sale or otherways to dispose of the Goods as to them shall seem meet and the Profits or so much of the Profits of their Lands as by Sessions shall be ordered Vide if the Act of 13 and 14 Car. 2. c. 2. be revived No Man is to be put out of his Dwelling in a Town where he is lawfully settled or to be sent to the place of his Birth but a Vagrant Rogue nor to his last Habitation nor is he to be maintained by the Town unless he be impotent but they ought to settle themselves to Labour if they are able and can get Work and if Work cannot be gotten by them the Overseers are to set them on Work and if after they wander begging in other Parishes they may be charged as Vagabonds and sent to the place of Birth Dalt J. P. C. 84. Fol. 209. If a Scholar in a Grammar School or University be suspect to be an Incumbrance if he doth become impotent and is like to be a charge to the Parish where he is he may be sent to his Parents if he have any otherways to the place where he was last Legally settled before he came to School Resol Judges 1633. Sect. 32. If a Woman be sent to the House of Correction and there delivered the Child must be sent to the Parish whence the Mother came and there relieved If a Woman be Travelling and hath her Child with her and is for any Fault or Breach of Statute apprehended and sent to Goal although she be executed for her Crime the Child is not to be charged on the Parish where the Goal is but must be sent to the place where it was Born if it can be known otherways to the place where the Mother was apprehended according to the Opinion of Sir Nicholas Hide 3 Caroli 1. If a Woman unmarried be hired Weekly or Monthly or by the half Year or Year in a Parish and there be gotten with Child and so goeth into another Parish and there for 2 or 3 Months is settled in Service and being then discovered to be with Child in this case she must be settled in the Parish where she is and must not be sent to the Parish where she before was Resol Judges 1633. Sect. 12. If a Woman be delivered of a Bastard Child in one Parish and so departeth into another Parish with her Child in this Case the Child after being Nursed is to be sent to and settled in the place where it was Born and not to remain with the Mother Resol Judges 1633. Sect. 23. CHAP. LXXVIII The Office of the Overseers of the Poor in making Rates and how they must behave themselves therein and of making and delivering up their Accounts upon going out of their Offices c. THE Overseers for the Poor with the Church-wardens or the major part of them for enabling them to perform the things they have in charge may raise weekly or otherways by Taxation of every Parson Vicar and the Occupier of Land House or Tithes Colemines or Underwoods salable within their Parish or Divisions such a Sum as in moderation they shall think fit but the Rate must be allowed and confirmed under the Hands of two Justices one being of the Quorum and then may be levied by Distress and Sale of Goods upon refusal of Payment or neglect by Virtue of a Warrant from any other two Justices one being of the Qu rum rendring the overplus to the Owner and for default of Distress two Justices may commit the Party to remain in Prison without Bail or Mainprize till Payment be made or the Justices think fit to discharge him 43 Eliz. Chap. 2. Dalton â—ust P. Chap. 73. Folio 148. Wingates Stat. Tit. Poor People And these Rates ought to be made according to Mens real and visible Estates within the pla e only and not according to Estates elsewhere and further Observe that a Parish in Reputation is deemed good within this Law For granting G. a Parish â—ery Antient having Officers in it neverâ—heless here is a Town within the Parish that for time out of Mind at least a long time hath been used and reputed as a Parish and hath all parochial Rights as Churchwardens c. in such a Case it may be Rated as a Parish towards the Poor Hutton's Report Folio 93 and others And there must be care taken in Rating and Levying this Tax for it must lye on the Tenants occupying Land c. and not on the Landlord in nor out of the Parish for the first is only chargeable for the Land Bulstrod 1 part Rep. 354. Any Parson having a full Tenth in a Parish may be Raâ—ed a Tenth part Resol Judges 1633. Sect. 33. If any Person occupy Land lying in several Pa ishes he must in this Rate be accountable for them proportionably in the Parishes where they lye but it seems reasonable that for his Personal Estate he should be chargeable in the Parish where he is an Inhabitant In Rating Stock or Goods it is to be Rated according to the proportion of Land Rent as five or six Pounds a Year in Land to be held equal with 100 l. in Goods or Stock In a Parish where the Inhabitants by reason of their own Poverty or fâ—wness are not able to relieve their Poor two Justices one being of the Quorum may by Rate Tax other places and Parishes within the Hundred or all the Hundred if necessity requires it and thâ—s not proving sufficient the Justices in their Sessions may Tax the County in part or wholly if they think fit 43 Eliz. Wingates Abridg. Stat. Tit. Poor People And if any Person find himself agrieved by any Act done by the Justices of the Peace or Overseers they may for Redress apply themselves to the Justices in the Quarter Sessions Dalt Just P. Chap. 73. Folio 160. c. If a Parish shall reach to and lye in two
Counties or one part thereof to lye in any City or Corporation Town where there are proper Justices in that case the Justices of each County are to meddle so much as appertains to the Party lying in the County of which they are Justices and so of the other parts and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up their Account to the Justices or Head Officers of both places Wingates Abridg. Stat. Tit. Poor People 43 Eliz. Châ—p 2. Dalton Just P. Chap. 73 Folio 156. The Overseers of the Poor are within 4 Days after their Year is expired and other Officers nominated their Successors to give up their Account in Truth before two Justices of the Peace one to be of the Quorum chiefly to this purpose 1st What Stock of Money they have received or Rated and not come to their Hands 2d What Stock of Stuff or Ware is in their own or in the Hands of any of the Poor 3d. What Apprentices they have put out and bound according to the Statute 4th What Poor they have set to Work or relieved 5th What Poor they have suffered to beg or wander out of the Town in the High Ways or in their Town without their Direc ions 6th Whether they met Monthly to consiâ—er of such Matters as are properly belonging to their Office â—th Whether they have made their Rates indifferent upon the Parishoners according to their Ability 8th Whether they have truly endeavoured to gather and levy all Assessmeâ—â—â— 9th Whether in them there has been any neglect of the Justices Warrants directed to them on any Account especially those for collecting any Forfeitures according to the Statute 43 Eliz. Chap. 2. Dalton Just P. Chap. 73 Folio 153. ☞ Note by the Statute made for the Burying in Woollen 30 Caroli 2. the Justices may nor allow the Accounts of the Overseers of the Poor till such time as they have given them an Account of the Burialâ— and Certificates and of their levying the penalty by that Statute directed If they refuse to give in their Accounts or make and yield a true and perfect Account to the said Justices of such Money and Stock in their Hands as has been mentioned two Justices of the Peace one being of the Quorum may commit them to the Common Goal not to be dismissed till they shall render a true Account and payed or satisfied the succeeding Overseers so much of the Sum and Stock as shall any ways appear to be remaining in their Hands and upon making a false Account lye liable to be bound over to the Sessions or Assizes where an Indictment may be preferred against them Dalt Just P. Chap. 73. Folio â—5â— Or the Justices or any two of them may grant a Warrant to the succeeding Overseers to levy the Sum upon the Goods and Chattels of the Offenders by Distress and Sale and for want of such Distress may commit them to Goal till Satisfaction be But note upon Sale the Overplus is to be returned to the Owner 42 Eliz. Chap. 2. If it so happen that any part of such Stock shall be found or known to be in the Hand of any Poor upon refusal of delivery two Justices may by Warrant cause the value to be levied or for want of wherewith on which to make Distress commit the Party to Prison as in the former Cases Dalt Just P. Chap. 72. Ibid. And for these all other Faults and Negligences of Churchwardens and Overseers â—lating to the Execution of their Office as to the Poor c. for every such Default made by any of them he is to forfeit 20 s. upon Proof by Confession or Examination of Witnesses to be levied by Warrant of two Justices of the Peace by Distress and Sale of Goods or for want of it the Offender to be Imprisoned and the Money so levied to be Employed to the use of the Poor of the Parish Dalt Just P. Chap. 73. Folio 155. 43. Eliz. Chap. 2. So that by the Law great care is taken that these Officers shall not be wronged in their â—ust Râ—ghts nor the Parish or Poor be wronged by them CHAP. LXXIX The Office of the Overseers of the Poor in receiving Fines to the use of the Poor in some Respect of Destroyers of Game unlawfully Fishing also relating to Measures and Burying in Woollen IT is the Business of the Overseers of the Poor to receive such Fines or Forfeitures as accrue from Offences in such as in the Night time Kill or take any Coneys upon the Borders of Warrens or such Grounds where the Owner may lawfully keep Coneys the Parties so Killing or Destroying not being Proprietors nor allowed by the Owner Also of such as use Hare-Pipes Snares or such like Implements or take Fish by any Nets Angling or other Device in any Water or River not lawful or shall be assisting thereunto without the consent of the Lord of the Mannour or Owner of the Water and the Sum for these Offences is to be amerced by the Justice of Peace before whom the Party offending shall be convicted the Sum not exceeding Ten Shillings over and above what the Owner may have or recover his Damage sustained for and the party for Default of payment may be sent by the Justice to the House of Correction for any time not exceeding a Month unless he enter into Bond with one or more Sureties to the party aggrieved the Sum not exceeding Ten pounds never in the like manner to offend any more and for these Offences the Offenders Goods are liable to Distress and Sale but then the Imprisonment must be remitted upon Satisfaction that way made 22 c. 23 Caroli 2. Chap. 24. As to Weights and Measures the Overseers for the poor as well as other Officers ought to have a special Regard to them and in this case there ought to be one Weight one Measure and one Yard according to the Exchequer Standard in every part of the Realm as well within as without places priviledged and every Measure of Corn is to be striked and those that keep different Weights and Measures not agrreeing in all respects with the Standard to buy and sell by being convicted thereof by the Oath of two Witnesses before any Justice of Peace or Head Officer of the Town or place where the Offence is done shall forfeit Five Shillings to be levied by the Church-wardens or Overseers of the poor in the parish where the Offence is committed by Distress and Sale of Goods upon Warrant and for want of such Distress the Offender to be committed to prison without Bail till payment be made and if any person be troubled for any Matter concerning his Office in this case he may plead the General Issue and give in Evidence the Act of 17 Caroli 2. And to have treble Costs if the Suit so brought prove vexatious Dalt Just P. 112. Folio 246. c. The penalty of 5 l. is to the
in the Marshalsea or King's-bench as likewise for the Relief of the Poor in Alms-Houses and Hospitals and for want of Distress the Party may by the Justices of the County be Committed to Prison there without Bail or Mainprize to abide till the Sum be paid And the Constable or Church-warden neglecting to pay it in ten Days before the Quarter-Sessions as aforesaid forfeits 10 s. each and the high Constable 20 s. if he pay it not in at the Quarter-Sessions as directed which Forfeitures the Treasurer may Levy by Distress and Sale of Goods and employ to the Increase of the Stock 43 Eliz. Chap. 2. c. CHAP. LXV What particular Things and Matters High Constables ought to return before the Justices in Sessions and to be return'd to them by the Petty Constables in their Respective Jurisdictions 1. THey are required to return the Christian and Sir Names Additional Names and Qualities of all Popish Recusants as well Lodgers as Housholders Residing or Dwelling in any of their Respective Parishes or Divisions 2. The Names of such as shall prophanely Curse and Swear with the Number of their Oaths immediately or within Ten Days informing the Justice of Peace of such Offence 3. The Names of such Persons as shall Drink or Tipple in any Inns Ale-houses or Taverns at any time especially on the Lord's-day and such persons as they shall find Drunk with the Names of those that entertain them 4. Such persons Names as suffer any Unlawful Games to be used in their Houses Gardens or Backside with the Names of such as haunt Gaming 5. They are to return all such Ale-house-keepers or Victualers as Sell Ale or Beer without License 6. Such persons as are to Watch and Ward who neglect or refuse to do their Duty therein 7. The Names of such persons as divide their Houses into Tenements and take in Lodgers or Inmates that Annoy their Neighbours or are likely to be a Charge to the Parish 8. The high Constable is to return the Defaults of Petty Constables Tything-men c for neglecting to Apprehend and Punish Beggars Rogues Vagabonds or refusing to Pass them c. 9. They are to certifie the Names of such persons as refuse to take Apprentice poor Parish Children according to the Statute 10. All Masterless Men and Women living at their own Hands such as are Idle refusing to Labour and can give no Satisfactory Account how they get their Living and all suspicious Persons as Mothers of Bastards Whores Noctivagrants Night walkers or such as are likely to be Chargeable to the Parish wherein the Reside 11. The Names of such as neglect or wilfully omit to make due Rates and Collections for the Relief of the Poor in every Parish or that cannot or do dot give a just account how the Rent and Stock of the poor is employed 12. They ought to return all defects in the High-ways and Bridges also Pavements in their Districts where there are no Commissioners or Defaults are neglected by them with the Names of such as ought to repair them and have neglected or refused so to do 13. They ought to Present all such Scavengers as are found negligent in Cleansing the Srreets or in other parts of their Duty and all common Annoyances in the Streets Lanes or Alleys 14. The Name or Names of every such Person or Persons who keep Swine to the common Annoyance of their Neighbours or any other in and about the Liberty and Precincts where Hogs ought not to be kept more particularly referring to the Cities of London and Westminster and their Liberties 15. They ought to Present Bakers putting Bread not due Weight to Sale with a particular Account thereof Also Brewers Selling Beer or Ale to Unlicensed Ale-houses or Victualling-houses likewise all Regrators Forestallers of Markets Ingrossers of any Corn or Grain Butter or Cheese Bacon or any kind of dead Flesh or Provisions whatsoever And in order to make out these Matters against the Delinquents they are to return the Names of such persons as can testifie or prove the Offences before the Justices in their Sessions or Meetings and thereupon they are to be Summoned in order to be Examined that it may be known how far they can inform them in the Particulars alledged and such as pave not before their own Doors or such places as ought to be paved are liable to be returned by the Petty Constable to the High-constables in their several Precincts or Districts and by them presented before the Justices in their Sessions c. CHAP. LXVI The Office of a Constable c. Relating to Stoned Horses IN this Case there are several Laws provided to prevent Damage which Owners may sustain by the hurt or unseasonable covering of their Mares in which Case it is provided by the Statute 32 Hen. 8. Chap. 13. That none shall put to Feed upon any Forrest or Common except a Common or Forrest where Mares are not usually put or kept any Stoned Horse exceeding two Years Old and not fifteen Hands high from the lower part of the Hoof to the upper part of the Withers and if any Stoned Horse of a lower Stature be put to Feed in any such Common or Forrest unless it be in the Fenny grounds of the Isle of Ely and in other parts of Cambridge-shire also Northampton-shire Huntington shire Lincoln Nottingham Suffolk and Norfolk where they are required to be but thirteen Hands high any person may Seize them to his own Use by the Assistance of the Constable Keeper of the Ground Headborough Bailiff or other such Officer conveying the Horse to to the next Pound there to be measured by the Officer in the presence of three sufficient Witnesses and being found lower than the Statute directs there to be disposed on 8 Eliz. Chap. 8. Wingate's Abridgment of the Statutes Title Horses and so according to the Statute of Hen. 8. before mentioned and such as are required so to do refusing to Measure or be present at Measuring forfeit 40 s. each for every Refusal or Default one half to the King and the other half to the Prosecutor but however the Horse must be wilfully put in the Common or Forrest by the Owner or his Order for if he escape thither he shall not be questioned in this Kind unless he remain there above 4 Days after Notice given to the Owner at his House or in his Parish Church 32 Hen. 8. Chap. ☞ Note that all Forrests and Commons require to be driven every Year at Michaelmas or within 15 Days after by the Keepers of the Ground Constables or other Officers thereto appropriated under the Penalty of 40 s. upon failing so to do And they have power likewise to drive them at any other time of the Year as they shall see it convenient in their Discretion the like priviledge has the Owner of the Ground But by the 21 Jacobi 1 Chap. 28. this Statute of the 32 Hen. 8. is not to extend to the County of Cornwall that being a