faile of their duty herein and they are for for this neglect to be fined by the Justices For which see chap. 8. sect 2. chap. 10. Numb 12. chap. 7. sect 8. It will be the duty of these Officers to see those inferior Officers indicted for it that so they may be fined for it for without indictment they cannot be fined Ordin 10. August 1647. and 20. of May 1647. Stat. 43. Eliz. Ch. 3. CHAP. III. Of the Treasurers of the County Stock for relief of the Prisoners in the Kings Bench and Marshalsey THe Treasurers of the County What they are and bow they are chosen Stock for the relief of Prisoners in the Kings Bench and Marshalsey and for the relief of Hospitals and Alms-houses within the same County are certain Officers yeerly appointed by the Justices of Peace to have the charge of the Receipt and Disbursments of the money taxed and levied upon the whole County yeerly for the relief of the Prisoners in the Kings Bench and Marshalsey and for the relief of Hospitals and Alms-houses within the same County for the Justices of Peace are yeerly at their Quarter Sessions about Easter to chuse and appoint two persons of the County Officers for this purpose and the men so appointed by the words of the Stature must be such men as at the Tax of the Subsidy last before were taxed at five pounds Lands or ten pound goods at the least or near of that value And these are to continue in their Office but one yeer and then others are to be chosen The Office and Duty of these Officers doth consist in these things 1. They are to receive of the High Constables Their Office and Duty of the Hundreds quarterly the sums of money rated and taxed by the Justices of the Peace upon every Parish for the relief of the poor prisoners in the Kings-Bench and Marshalsey and for the relief of the poor within the Hospitals and Alms-Houses within the County And if in case there be any default by the Petty-Constables or High Constables or by the Church-Wardens in the rating levying or payment of these sums so as thereby they make any forfeiture These Officers and as it seems without any Warrant from the Justice of Peace are to levy the same by sale of the Offenders Goods rendring to the party offending the overplus if there be any for the Parishioners and in their default the Petit-Constables and Church-Wardens are to distribute the Rate of the Justices of the Peace And this Rate if neither the Parishioners nor Constables and Church-Wardens doe make any Justice of Peace in or near the place may make it and being made the Constables and Church-Wardens may levy it by distresse and sale of Goods And for lack of distresse the Justice may send the party to Prison there to abide till it be paid without Baile or Mainprize 2. This money so by them recived they must pay over and as it seems in convenient time after the Receipt thereof to the Lord Chief Justice of England and Knight Marshal for the time being equally to be divided to the uses aforesaid taking their acquittance for the same or in default of the said Chief Justice to the next ancientest Justice of the Upper-Bench 3. They are to pay yeerly by a quarterly payment such a sum of money as shall be set down by the Justices of Peace at their quarter-Quarter-Sessions unto the Masters and Governors of the Houses of Correction The which if they doe refuse or neglect to doe the same Masters or Governors without any other Authority may levy the same of the Goods of the same Treasurers by sale of their Goods rendring to them the overplus 4. The surplusage of the money by them received they must distribute and bestow for the relief of the poor Hospitals of the same County and for the relief of those that shall sustain losses by Fire Water the Sea or other Casualties according to the discretion of the Justices of the Peace of the County 5. They are at the end of their yeer at easter-Easter-Sessions to give an account to the succeeding Treasurers of all their Receipts and Disbursments in the time of their Office And then also if they have any money in their Hands they are to deliver up the same to the succeeding Treasurers And if any Treasurer so elected as before shall wilfully refuse to take upon him the same Office of Treasurership or to distribute and give relief or to account according to that Order the Justices shall set down the Justices may fine him for the same at their Sessions according to their discretion so it be not under three pound And all the Fines and Forfeitures for the breach of any Branch of the Statute 43 Eliz. c. 2. must be imployed to the uses last aforesaid as the Justices shall appoint 6. In cases where the Constables and Church-Wardens of Parishes or Constables of hundreds faile of their duty herein and they for this neglect are to be fined by the Justices for which see chap. 8. sect 2. chap. 10. numb 12. chap. 7. sect 8. It will be the duty of those Officers to see those inferior Officers indicted for it that so they may be fined for it for without indictment they cannot be fined Stat. 43 Eliz. 7. Jac. 4. CHAP. IV. Of the Collector of the money for the relief of the Prisoners in the Common-Goal and his Office THe Collector of the money What he is and how he is chosen for the relief of the Prisoners in the Common-Goal is an Officer appointed by the Justices of the Peace to have the charge of the receipt and disbursment of the money taxed and levied upon the whole County for the relief of the Prisoners in the Common-Goal For the Justices of the Peace at their quarter-Quarter-Sessions are to choose and appoint some sufficient person living neer to the Common-Goal of the County as a Collector to receive and distribute the money assessed by them upon the County for the relief of the prisoners in the Common Gaol And this Officer may be in his Office for longer time than one yeer 14 Eliz. 5. The Office and duty of this Officer doth consist only in these things 1. That he be ready at every Quarter-Sessions His Office and Duty to receive from the High-Constables of the Hundreds the monies Rated by the Justices of the Peace on every Parish for the relief of the prisoners in the Common-Gaol of the County 2. That he doe weekly pay and distribute the same to the same prisoners in such sort as the Justices of Peace shall appoint And if he offend in either of these things he shall forfeit for the same offence five pounds 3. In cases where the Church-Wardens doe not their duty or the Constables of Hundreds doe not their duty herein and they may be fined by the Justices for their neglect herein for which see chap. 8. sect 2. and chap. 10. numb 12. It will be the
there is no remedy but by complaint to the Lord cheif Justices or the Judges of the Circuit c. If the Constable be chosen by the Jury in a Leet and the man chosen be unfit and the Steward of the Leet doth perceive it in this case it seemes the Steward himself may elect and swear another man more fit and refuse and discharge him that is so chosen by the Jury And it is held also That in default of the Leet or otherwise where there shall be just cause every Justice of Peace ex officio may remove the old Constable and choose and swear a new one and that for this purpose he may send forth his Warrant to require such Person to come in and take his Oath before such Justice of the Peace Also there was as it seems another way of discharging and removing of this Officer by a Warrant from the King to the Custome Prescription Sheriffe of the the County and to the High-Constable of the Hundred whereof see a president in Daltons Just. of Peace fol. 322. 5. No custome or prescription to exempt any man not exempted as before or to warrant an undue election contrary to the rules before laid down will availe or shall be allowed unto any person or Tything 6. If a man be chosen to this Office in a Leet and he refuse to take the charge thereof upon him he may be fined for this contempt in the same Leet And if he be chosen at the Sessions or by one Justice of Peace out of Sessions and he refuse to take his oath he Numb 1. Deputy may be Indicted and fined at the Sessions for this contempt 7. A Constable chosen and sworn may make what Deputies he will under himself to execute his Office for there is no doubt but in time of sicknesse and at other times also he may if he will execute his Office by Deputy but the Officer himself must expect to answer for all the mis-doings of his Deputies And if one man be chosen an Officer and he desire to have a Deputy and to have him sworn and allowed if the Deputy be sufficient and be allowed and sworn in this case the Deputy and not the other is the Officer and therefore the Duputy must answer for himself and his doings and not the other for him But the making of a Deputy in this case is rather by tolleration than by Law and so hath it been delivered by the Judges The form of the Oath of a Constable YOu shall swear well and faithfully to serve the Common-wealth in the Office of a Constable You shall see the publique Peace to be well and duely kept and preserved to the utmost of your power You shall arrest all such persons as in your presence shall ride or goe armed offensively or shall commit or make any Riot Affray or other Breach of the publique Peace You shall doe your best endeavour upon complaint to you made to apprehend all Fellons Barators Riotors or persons riotously assembled and if any such offendors shall make resistance with force you shall levie Hue and Cry and shall pursue them untill they he taken You shall doe your best endeavour that the watch in your town be duely kept and that Hue and Cry he duely pursued according to the Statutes And that the Statute made for punishing of Rogues Vagabonds and Night-walkers and such other idle and wandring persons coming within your liberties be duely put in execution You shall have a watchfull Eye to such persons as shall maintain or keep any common house or place where any unlawfull games or playes are or shall be used as also to such as shall frequent or use such places or shall exercise or use any unlawfull games or playes there or elsewhere contrary to the Statute And you shall have a care for the maintenance of Archery according to the Statute At your Assizes Sessions or Leet you shall present all and every the offences committed or done contrary to the Statutes made and provided for the restraint of the inordinate haunting and tipling in Taverns Innes Alehouses and other Victualing-houses and for the repressing of drunkennesse and prophane swearing You shall true Presentment make of all Blood-shedding Affraies Outcryes Rescues and other offences committed or done against the publique Peace within your limits You shall well and duly execute all Precepts and Warrants to you directed from the Justices of the Peace and others in Authority in this County And you shall well and duly according to your Knowledge Power and Ability doe and execute all other things belonging to the Office of a Constable so long as you shall continue in the said Office So help you God Or thus more briefly YOu shall swear that you shall well and duly execute the Office of Constable or Tything-man for the Parish or Tything of S. for this next yeer or half a yeer as the Case is and untill another be sworn in your room or you shall be legally discharged thereof So help you God CHAP. VIII Of the Power and Duty of the High-Constable and petty-Constable in common and one with another And of some few things the petty-Constable and not the High-Constable is to doe THese Officers and their Offices as they had a far greater Authority than now they have so have they been of far greater account than now they be For by the ancient Common-lawes before there were any Justices of Peace made the Constables of every Village had a kinde of Rule within the same Village and were to keep the Peace there and therefore the Constable was called the Ruler of the Village and it is thought that at that time the Authority and account of these Officers was much like to the Authority and account of the Justices of the Peace at this day and therefore they had then the same Titles of Conservators of the Peace given unto them which is given to the Justices of Peace at this day Sed tempora mutantur nos mutamur in illis For this is vanished now and there is but little signe of it for at this day they doe for the most part but execute the Commands of others yet somewhat there is remaining as the footsteps of what formerly they had the which to set forth is our labor in this place For the opening whereof we shall observe his method First we shall shew what all Constables High and Low Tything-men Borshollers c. may and must doe and what is their common and equall Duty and Authority and then next what the High-Constable may and must doe more than the petty-Constable c. and wherein these Officers have a distinct and severall duty one from another and then we shall shew what the Constables of some great Townes may doe in some speciall Cases SECT 1. Certain generall Rules and Cases about these things FOR the further cleering and opening of these things observe these Rules and Cases following 1. Every of these
to imprison a man yet have they not power in any case to deliver a man imprisoned again And therefore if a Constable in case of an Affray commit an Affrayor to the Prison the Constable may not afterward set him at liberty again Or if he take a man upon a suspicion of Fellony and he doth afterwards perceive some cause to make him believe the party apprehended is Innocent in the matter yet may not the Constable deliver him but he must continue in Prison untill he may be delivered by order of Law either at the Sessions or otherwise as the cause shall be And yet if an Officer shall only put the Affrayors apart into the Stocks or into some House or Room as it seems he may untill the hear be past in this case the Officer of his own head may set them at liberty again 21. Every person that shall be Allowance Charge of a Prisoner sent to Gaol by a Justice of Peace having means and ability of his own must bear his own charges to be levyed of his Goods and Chattels by the Constable upon a Warrant to him sent by a Justice of Peace and not having goods then to be born by the Parish where the Fellon is apprehended by an indifferent Assessment to be made by the Constables and Church-wardens and two or more of the Inhabitants by allowance of a Justice Numb 20 of Peace 22. If any of these Officers What Pleas these Officers shall have being said 21 Jac. 12. 7 Jac. 5. shall be sued for any thing done by them in the execution of their Offices or if any suit be brought against their Deputies or any others which in their aide or assistance or by their commandement shall doe any thing touching their Offices this Action must be laid in the County where the thing was done otherwise the Defendant shall be found not guilty howsoever the case be And in all Actions brought against them for the causes aforesaid they need not plead the speciall matter but may plead the generall issue and give the speciall matter in evidence And if the Verdict upon triall pass with the Officer or the Plantiff be Nonsuit or suffer his Action to be discontinued the Defendant shall recover his double costs susteined in Costs the said Suit 23. These Officers all the rest hereafter named must take care that they take nothing of any man for any work they do in the Extortion execution of their office more than is allowed them and is their due for this offence in them is extortion and punishable by Fine and Imprisonment 24. These Officers as well as other Account are to give an account to the Parishoners of the monies they doe any way receive And this if they refuse to doe they may no doubt be compelled unto by the Justices of the Peace at their quarter-Quarter-Sessions 25. And as touching Numb 21 the disbursments of these Officers about the execution Expences and disbursments of Officers of their Office as for the carriage of Prisoners to Gaol the conveying of Rogues and the like whereby any speciall Act of Parliament they are to be allowed it or any thing towards it and the means of recovering it is set down there they shall have the same allowance and they must pursue that means for the recovery of it And so in all cases where the offender is sent to Goal by a Justice there is a means appointed by the Statute of 3 Jac. 10. by the sale of the offendors Goods or a Rate by the Parish as before But in other cases also it seems very reasonable that they should be allowed it again from the Parish and if the Parish will not allow it perhaps the Justices of Peace upon the complaint of the Officer may devise some way and doubtlesse they will doe what they can to relieve him And therefore he is to call his Neighbours or as many as will come and with them or without them if they refuse make an equall Rate sufficient to pay all his necessary charges and expences in the doing of his Office and it will be good to get a Justice hand to it if he can and if any refuse to pay it let him complain to the Justice of Peace who will either binde him that refuseth to the quarter-Quarter-Sessions or finde some other way to bring him to reason But as touching their ordinary expences for meat drink c. in their travells for this it seems there is no remedy but that the Officers themselves must bear it Howbeit in these things the custome of the place is to be continued SECT 2. Of the Office of the High and Petit-Constable about the Peace THe authority and duty of all these Officers High-Constable and Petit-Constable by the Common-Law consisteth much about the Peace of the Common-wealth and herein in three things First In foreseeing that nothing be done that tendeth either directly or by means to the breach of the Peace Secondly in quieting or pacifying those that are occupied in the breach of the Peace And thirdly In punishing such as have already broken the Peace And here lest any man should be deceived Breach of the Peace what it is in the not understanding what is meant by the breach of the Peace it must be known That by the breach of the Peace is to be understood not only that fighting which we commonly call the breach of the Peace but also that every Murther Rape Man-slaughter and other Fellony whatsoever and every Affraying or putting in fear the People of this Common-wealth whether it be by unlawfull wearing of Armour or by assembling of people to doe any unlawfull act are taken to be disturbances and breaches of the Peace For the better preventing of the breach of Numb 1 the Peace and that nothing be done against it First Any one of these Officers may without Warrant from a Justice of Peace ex officio Against suspected persons as Nightwalkers and the like Stat. of Winchester 13 Ed. 1. 4. 5 Ed. 5. 14. 13 H. 7. 10. Fitz. Office J P. 200. 1 H. 7. 7 Bro. Tres 432. and of his own authority by night or day arrest suspected persons strangers and others that walk in the night and sleep in the day or haunt Bawdy-houses or other suspicious places or shall doe or commit any outrage or misdemeanor For if a Constable be informed of a lewd man and woman that are together and about to be incontinent and lewd he may take with him so many of his neighbours as he will and arrest the same man and woman or any such disorderly person and bring them to a Justice of Peace to be bound to the good behaviour 2. And the better to apprehend such persons Bawdrie they are to see and take care that Watch and Ward be duely kept And for this these things are to be known 1. None but Inhabitants of the same Town are compellable to Watch and Ward 2. It must
Eliz. 2. part of them may at their general Sessions holden after Easter yearly if they think meet rate every Parish weekly at their discretion so as no one Parish be rated above six Numb 1 pence nor at less than one half-penny by the week and so as the totall rate of the County amount not to above eleven pence for every Parish within the County the which money is to be distributed for the relief of the poor prisoners in the upper-Bench and Marshalsey and such Hospitals and Alms-houses as are within the County according to the discretion of the Justices so as there be sent out of every County yearly twenty shillings to the upper-Bench and twenty shillings to the Marshalsey by a quarterly payment And this summe in every Parish is to be asseased by the agreement of the Parishoners within themselves in the making of which rate their best way is to follow the rule of the taxation of men for the poor or in default thereof by the Church-Wardens and Petit-Constables of the place or the more part of them and in default of their agreement by the order of the Justice of Peace within the same Parish if there be any or if not of the next Justice of Peace in the next parts adjoyning And if any person of the Parish so taxed refuse or neglect to pay the same rate the Church-Wardens and Constables or any of them or in their default any Justice of Peace of the said limit may levy the same by distress and sale of the offendors Goods rendring to him the over-plus And these sums taxed by the Justices on every Parish the Church-Wardens of the Parish must collect and pay over to the high-Constable of the Hundred quarrerly ten dayes before the end of every quarter And if the Church-Wardens or Petit-Constables their Executors or Administrators fail to pay this money the Church-Wardens their Executors or Administrators shall forfeit ten shillings And after this the High-Constable must pay over the same at every Quarter-Sessions to the Treasurers of the County or any of them And if he his Executors or Administrators doe not so they shall forfeit twenty shillings And these forfeitures the Treasurers may and must levy by distress and sale of their Goods rendring the over-plus to the party and when he hath recovered the money he must imploy it to the uses aforesaid And if any Action shall be brought against any Officer for doing any thing by vertue of this Act he may Plea plead in generall that it was done by authoritie of this Statute without shewing any other speciall matter and if it pass with the Defendant Costs or the Plaintiff be nonsuit after appearance the Defendant shall recover treble Damages Two Justices of Peace may rate a Hundred Rates for money recovered against a Hundred for a Robbery for the money recoved against the same and levyed upon one man of the Hundred for a Robbery and then these Officers of the severall places Towns and Parishes may and must rateably and proportionably taxe and Numb 2 assesse every Inhabitant and Dweller within 27 Eliz. 13. the same place according to his abilitie towards the payment of the Rate and Assessment made by the Justices And this money so rated they must afterwards collect And if the parties so taxed refuse to pay this Rate these Offices may of their own authoritie distrain every person by his Goods and Cattels that shall refuse to pay the same and may fell the same Goods and retain so much of the money made thereof as his taxation shall come unto and the over-plus of the money made of the same Goods they must deliver to the person so distrained And within ten dayes after the collection of those monies they must pay over the same to one of the Justices of the Peace that made the same Rate to the use of the party robbed If any person be sent to the common Gaol Rates to carry an offendor to Gaole of the County by any Justice or Justices of the Peace for any offence the same person if he have ability and estate of his own to doe it Numb 3 must bear his own and his attendants charges 3 Jac. 10. Dalt J. P. 298. and this if he refuse to defray then such Justice or Justices of Peace that so sent him to Gaole may by Warrant under his or their Hands and Seals give power unto any of these Officers of the place where such person shall be dwelling or from whence he shall be committed or where he shall have Goods by the appraisment of four of the honest Neighbours of the place to sell so much of his Goods as to discharge it and to render him the overplus And in case such person shall not have any Goods known within the County whereby to make satisfaction then that the Constables and Church-Wardens and two or three others of the honest Neighbours of the place where the said offendor shall be taken if there be any such Officers there or otherwise four of the principall Inhabitants of the place shall make a Rate which being confirmed by the hand of one or more Justices of the Peace shall binde the Inhabitants And if any so taxed shall refuse to pay the rate the same Justice or Justices that did commit the offendor or any other Justice of Peace neer adjoyning may give Warrant to any of these Officers of the place to distrain his Goods there and to sell the same And then and thereupon this Officer may and must take some of his Goods and apprise them by four substantiall Neighbours and afterwards he may sell so much thereof as to pay the same rate and if there be any over-plus he must deliver the same to the party taxed It is fit this Officer should be paid his charge for the convey of Rogues Resol Judges 1633. sect 20. But Quaere how it shall be done If the Officers of the Parish agree in it the best way is to fetch it in upon the rate for the Poor or Church by the help of Justices Every Parish shall be charged to pay weekly such a sum of money towards the relief of Rates for the maymed Souldiers and Mariners Sick Hurt and Maimed Souldiers and Mariners that have lost their Limbs or disabled their bodies in the publique Service as by the more part of the Justices of the Peace at their 43 Eliz. 3. generall quarter-Quarter-Sessions holden after Easter Numb 4 yearly shall be taxed so as no Parish be rated above the sum of ten pence nor under the sum of two pence weekly to be paid and so as the total sum of such Taxation of all the Parishes in any County where there shall be above fifty Parishes doe not exceed the rate of six-pence for every Parish The which sums so taxed shall be yearly assessed by the agreement of the Parishioners within themselves in the making of which rate the best way to follow the rule of
Taxation for the Poor or in default thereof by petty-Constables and Church-Wardens of the Parish or the more part of them or in default of their agreement by the order of the Justice or Justices of the Peace living within the Parish or if there be none living in the parts next adjoyning And if the parties rated refuse to pay the rate the Constables and Church-Wardens and every of them or in their defaults the said Justice or Justices of Peace may levy it by distress and sale of the Goods of the partie rendering to him the over-plus And this monie the Church-Wardens and Constables must collect and pay to the high-Constable of the Division ten dayes before every quarter-Quarter-Sessions And the high-Constable also at the same Sessions must pay over the same monies again to any one or two of the Justices of Peace or to the Treasurer or Treasures of the said collection under pain of fourty shillings to be forfeited by the high-Constable for every default and under pain of twenty shillings to be forfeited by the pety-Constable for every default of his the same monie to be recovered by the said Treasurer by sale of the Offendors Goods as aforesaid and to be imployed by him to the use of the Poor maimed Souldiers and Mariners They are to make a Quarterly-payment of all such summes of monie as are raised in every Rates for the Prisoners in the Gaole Parish and paid to them by the Church-Wardens of the Parishes for the relief of the poor prisoners in the common Gaole under pain Numb 5 of five pounds And this monie the Constables 14 Eliz. 5. 2 Jac. 25. in some places doe pay to the high-Constable They are to be aiding and assisting to the Rates for the amending of Bridges 22 H. 8. 5. four Justices of Peace appointed and authorized for the making of Taxes for the reparation of Bridges according to the Statute of 22 H. 8. For these Justices are to make the Taxation by Numb 6 the assent of the Constables or of two of the most honest Inhabitants of the Parish The Justices of the Peace at the quarter-Quarter-Sessions Rates for the house of Correction 39 Eliz. 4. may Tax the County towards the erection and maintenance of houses of Correction And all these Officers must doe their uttermost to put the same Statutes in execution Numb 7 These Officers must levy such monies as Rates for persons having the Plague 1 Jac. 31. they are commanded by Warrant of Justices of Peace having taxed the same for the relief of the Poor infected with the Plague under pain to forfeit twenty shillings for every Numb 8 default to the use of the persons infected SECT 9. Of the Office of High Constables and Petit-Constables about Inn-keepers Ale-houses Drunkards Tiplers c. 1. IF an Inne-keeper c. refuse to receive a Traveller when his house is not full and having no good reason for it this Officer may compell the Inne-keeper to receive him But how he may compel him is doubted For it seems all he can doe is to cause him to be indicted at the Sessions or to be suppressed for it 2. If any person without lawfull licence take upon him except it be at Fair times only to keep a common Ale-house or Tipling-house or use commonly selling of Ale Beer Cider or Perry he shall forfeit for every such offence twenty shillings to the use of the Poor of the place the offence being viewed by one Justice of Peace or confessed by the party or proved by one witness before him And this forfeiture may be or is to be levyed by the Constable or Church-Wardens of the place by Warrant from a Justice of Peace c. And they by vertue of such a Warrant may and must by distress take into their hands so much of the offendors Goods to pay the same And if he pay not the monie within three dayes after the distress taken they must apprise and sell the same Goods and keep up the same monie and if there be any over-plus they must render the same to the partie And if the partie shall not have Goods c. or shall not pay the same within six dayes after conviction then the Justices of Peace c. may commit the offendor to any of these Officers to be openly whipped according to the discretion of the Justices of Peace The which these Officers being charged herewith must see they carefully doe for otherwise they may be committed to Gaole by the same Justice of Peace there to abide without Bayle or Mainprise until they doe procure the same offendor to be whipped according to the Warrant of the Justice of Peace or untill they pay fourty shillings unto the use of the Poor of the Parish 3. If any person lycenced shall utter or sell less than one full Ale-quart of the best Beer or Ale for one penny and of the small two quarts for one penny the same being proved by one witness before one Justice of Peace shall forfeit twenty shillings And if any person whatsoever Townsman or Stranger shall be and abide tipling in any such house the same being proved by one witness or the parties own confession before one Justice of Peace In this Case and for this offence the Inne-keeper c. owner of the house for suffering this in his house doth forfeit ten shillings for every such offence And the party that doth so tipple doth forfeit for every such offence three shillings four pence and these summes are to be levyed by the Constables and Church-wardens of the place where the offence is done by distress and sale of the offendors Goods upon Warrant from one Justice of Peace And if the Inne-keeper c. have no Goods to be distrained he may be by the Justice of Peace committed to the Gaole there to be kept until he pay the monie And if the Tipler be not able to pay his forfeiture he is by Warrant from a Justice of Peace to be made to sit in the Stocks four houres And all these summes are to goe to the use of the Poor of the Parish where the offence is committed And in cases of forfeiture by Inne-keepers c. for selling by unlawfull Measures or for suffering Tiplers in their houses if the Constables or Church-Wardens shall neglect to levy or shall not levy the said several forfeitures or in default of distress shall neglect by the space of twenty dayes to certifie the same defaults of distress to the Justices of Peace then every such Church-warden or Constable shall forfeit for every such default fourty shillings to the use of the poor of the same place to be levyed by Warrant from the Justices of Peace to some indifferent men And for want of distress the same Constables and Church-wardens may be by any Justice of Peace committed to the common Gaole there to abide untill they pay the forfeiture And for all these monies so recovered by the Church-wardens or Constables they
First The pety-Constables c are to joyn Monyes forfeit for high wayes and making Supravisors for the high-wayes 2. 3. Ph. M. 8. with the Church-wardens to take the Estreats of the forfeitures of offendors against the Statures for the High wayes And they are to call the high-Constables to account for the Monies they have received of such offendors and to take the same monyes into their hands and to bestow the same upon the reparation of the Numb 7 high-wayes of the place Secondly â—he Constables and Church-wardens of every Parish ought yeerly upon the Tuesday or Wednesday in Easter week to call together a number of the Parishoners and to choose two honest men of their Parish to be Surveyors of the work for amendment of the high-wayes within their Parish leading to any Market Town and then ought also to appoint six dayes for the amendment of those wayes before Midsomer then next following and ought also openly in the Church the next Sunday after Easter to give knowledge of the same six dayes upon pain of fine making to be assessed by the Steward of the Leet or in default thereof by two Justices of the Peace in open Sessions as in their discretion shall be thought meet Any one of these Officers in times and About persons that have the Plague 1 Jac. 31. places of infection with the Plague if the infection be out of any City Borough Town Corporate priviledged place or Market Town may command or appoint Numb 8 Persons infected or being or dwelling in any house infected to keep their house for avoyding of further infection And if notwithstanding such Persons doe wilfully and contemptuously disobey such direction and appointment offering and attempting to break or goe abroad and to resist or going abroad and resisting such keepers or Watch-men as are appointed to see them kept in It is lawfull for such Watch men with violence to enforce them to keep their houses And if any hurt come by such enforcement to such disobedient Persons the said keepers Watch-men and other their assistants shall not be impeached thererfore And every infected Person so commanded by any of these Officers to keep their house which contrary to such commandement wilfully and contemptuously goeth abroad and converseth in company having any infectious sore upon him uncured becometh Fellon But if such person have not such sore found about him then for his said offence he is to be punished as a Vagabond and ought to be by Stat. 36 Eliz. 4. and further to be bound to his good behaviour for a year 2. The Constable c. that shall wilfully make default in levying such money as they shall be commanded to levy by the Warrant of two Justices of the Peace upon the Statute for the relief of any Town infected with the Plague shall forfeit for every such offence ten shillings 8. If a Justice of Peace send his Warrant Hedg-breakers 43 Eliz. 7. to any one of these Officers for the whipping of any person convicted before the Numb 9 Justice for robbing of Orchards cutting or pulling up of Wood Corn or any such like trespass the Officer must by himself or some other see that the same be done accordingly for otherwise for his neglect therein he is to be committed to Gaole by the same Justice of Peace and there to be kept untill he doe procure the same Person to be whipt according to the same Justice of Peace Warrant 9. The Constables also of every Borough Maulters or Town may search and survey all such Numb 10 Mault as shall be made or put to sale there and if they finde any Barley-Mault made at any time the moneths of June July and August only excepted but that the same shall have the space of three weeks at the least in the Fat Floor steeping and sufficient drying thereof And in these three moneths the space of seventeen dayes at the least or if he finde any person to put to sale any good Mault mingled with Mault not sufficiently made or with Mault made with Mow-burnt or spired Barley or that put to sale any Mault not sufficiently well trodden rubbed and fanned whereby half a peck of dust or more may be fanned out of one quarter thereof then may such Constable with the advise of one Justice of Peace of that Shire cause the same Mault to be sold to such persons and at such reasonable prices under the common price of the Market as to his discretion shall seem fit But some say this doth not belong to ordinary Constables but to the head Constables of Corporations It seems to me otherwise SECT 11. Of the Office of High-Constable and Petit-Constable about Recusants Dressing meat in Lent Purveyors Souldiers departing from their Commanders abjured Persons imployment of Money given to Charitable uses Takers of Pheasants c. Fish High wayes in Kent stoned Horses Colledge of Physitians 1. THe Constable and Minister of the Recusants Parish must take and enter into a Book and certifie to the next Quarter-Sessions the names of all Recusants sent thither by order 35 Eliz. 8. 2. These Officers if required by lawfull Warrant must apprehend Popish Recusants excommunicate 3 Jac. 4. No Butchers may kill or sell meat in Lent Lent under pain to forfeit it And these Officers may seize it and give it to the Poor 1 Jac. 29. If any Cator or other shall without lawfull Purveyors bargain take upon him to purvey or take up any thing whatsoever of another against his will to the use of any great Lord or other person and the party grieved give notice thereof to the Constable or such Officer of the place In this case and hereupon the Officer viz. the Constable or Tything-man of the place must under pain of twenty pounds arrest such Taker and carry him to the next Gaole where he is to remain without Baile or Mainprise until he redeliver the things so taken or the value thereof Any one of these Officers may arrest Souldiers Souldiers arriving here that they suspect to have been in the service of the State are departed from their Captains without leave 18 Eliz. 19. Persons abjured to goe to any Port it seems Persons abjured must be conveyed by these Officers These Officers are to joyn with the Minister Money given to charitable uses Church-Wardens and Overseers of the Poor where monie is given for the placing of poor children apprentices in the imployment thereof These Officers may search suspect places for Takers of Pheasants c. setting Dogs and Nets to take Partridges and Pheasants And the Church-Wardens may sue for and recover the forfeiture 23 Eliz. 10. 7 Jac. 11. These Officers and the Church-Wardens Takers of Fish being commanded by a Justices Warrant must levy the forfeitures upon such as take Fish with unlawfull Nets 3 Jac. 12. The penalties of the Statutes for repair of High-wayes in Kent High-wayes in the wealds of Kent Surrey
forfeitures arising in the Sessions of the Peace or in the Leet upon the Statutes of High-wayes of which Estreats one part ought to be delivered yeerly within six weeks after Michaelmas to the High-Constable of the Hundred wherein the defaults were committed and the other part to the Constables and Church Wardens of the Parish wherein the defaults were to the end that such High-Constable may thereby levy by distress the same forfeitures or the double thereof if no distress can be found or if such forfeitures be not paid within twenty dayes after a lawfull demand of the same by the Officer and to the intent also that the said Constables and Church-wardens may thereby call the said High-Constable to an account before two Justices of Peace the one being of the Quorum for the said High-Constable is once every year between the first day of March and the last day of Aprill to make a true account and payment of all such summs of monie as he hath received by means aforesaid to the Pety-Constables or Church-Wardens of the place where the offence is committed or any two of them under pain of fourty shillings And this if they refuse to doe they may be compelled unto by the Church-Wardens by the help of any two Justices of the Peace the one being of the Quorum And this monie is to be bestowed by the Church-Wardens on the High-wayes of the Parish And upon this account the High-Constable is to have for his pains eight peace for every pound he hath levyed and paid SECT 4. Of the Power and Duty of the High-Constable alone about keeping petty-petty-Sessions Sea-banks in Northfolk presenting of Recusants THe High-Constables in all such Shires Keeping petit Sessions 5 Eliz. 4. where the petit Sessions for Servants and Laborers otherwise called Statute Sessions were used to be kept before 5 Eliz. may yet still hold their Sessions so that nothing be done in them contrary to the Statute of Laborers and Servants made 5 Eliz. 4. The High-Constables of Hundreds there Sea-banks in Norfolk 29 Eliz. 24. must overlook the work for amending the Sea-banks according to the order of the Justices of Peace at Sessions The high-Constable in default of the Church Making Presentment of Recusants 3 Jac. 4. Wardens and Constables of the Parish is once a year to present at the Sessions the names of Popish Recusants their Children and Servants CHAP. X. Of the Office of Constables of Towns that are head Officers and have others under them about Weights and Measures unlawfull Games Coopers Merchandise making Mault THere are also in some places Constables of Towns or Parishes that are head Officers and have others under them And these in some Corporate Towns are part of the name of their in corporation And in some places they have other Officers under them And this Officer is in some Statutes called a High-Constable And to him doe some of the things aforesaid belong in common with other Constables as to make a Testimoniall for a Servant to goe into another Parish to compell an Artificer to work in the Harvest time and some other things And some other things there are that are said to belong to the Constable of a Town only and to none other of the Officers aforesaid as the things hereafter mentioned viz. 1. Every City Borough and Market Town Weights and Measures 8 H. 6. 5. 11 H. 7. 4. that hath a Constable ought also to have common measures sealed and also common weights sealed at which the Inhabitants may freely weigh 2. The Major Sheriffs Bayliffs Constables Uunlawfull Games 13 H. 8. 9. and other head Officers within every City Borough and Town where any such Officers be ought under pain of fourty shillings for every default once every moneth at the least to make search as well within Liberties as without in all places where any unlawfull Games shall be suspected to be kept and may arrest and imprison as well the keepers of such places as the haunters to the same till they be bound no more to keep and haunt such places And if any such Head Officer shall finde or know that any Artificer Crafts-man Husband-man Apprentice Laborer Servant at Husbandry Journy-man or Servant of Artificer Or that any Mariner Fisher-man Water-man or Serving-man doth play at the Tables Dice Cards Tennis Bowls Closh Coyting Logating or other unlawfull Game out of Christmas time or out of their Masters house or presence in the Christmas time unless it be by the licence of such Masters as have 100 l. by the year or above and then also that playing be within the precinct of such Masters House Garden or Orchard then such head Officer may commit such offendor to Ward till he shall be bound by such obligation to the use of The Keepers of the Liberty c. in such sum as to the discretion of such Officers shall be thought fit that he shall not from thence forth use such unlawfull Games 3 In all Cities Boroughs and Towns Coopers 23 H. 8. 4. wherein no Wardens of Coopers be the Majors Sheriffs Bayliffs Constable or other head Officers there have power to search view and gage Barrels Kilderkins Firkins and other vessels to be made there and to take such advantage thereby and in such manner as the Wardens of Coopers within the Citie of London may take on every behalf 4. If any Woolls or other Merchandizes Merchandize 14 H. 6. 5. be shipped to the Staple in any suspected place adjoyning to the Coast of the water then Indentures ought thereof to be made between the owner and the Major or Constable of that place or otherwise such Merchandize shall be forfeited 5. The Constable of every Borough or Making of Mault 27 Eliz. 14. Market-Town or other Town may view search and survey all such Mault as shall be made or put to sale there And if he shall finde any Barley-Mault made at any time the moneths of June July and August only excepted but that the same shall have the space of three weeks at the least in the Fat Floar Steeping and such sufficient Floar Steeping and such sufficient drying thereof and in these three moneths the space of seventeen dayes at the least And if he finde any person to put to sale any good Mault mingled with Mault not sufficiently made or with Mault made of Mow-burned or spired Barley or put to sale any Mault not sufficiently well trodden rubbed and fanned whereby half a peck or more of dust may be fanned out of one Quarter thereof then may such Constable with the advice of one Justice of the Peace in that Shire cause the same Mault to be sold to such persons and at such reasonable prices under the common price of the Market as to his discretion shall seem expedient All these things last aforesaid appertain only to the head Constable of Market and great Towns and as it seems the High-Constables of Hundreds and petty-Constables and Tything-men of
to take down and demolish all superstitious Reliques at the charge And the Church-wardens being required by the Justice of Peace must repair it as before at the Parish charge Ord. May. 1644. Seventhly These Officers may apprehend Numb 11 Swearers and bring them to a Justice of Againct Swearers Peace to be punished as Over-seers of the Poor may doe Eighthly If any of his own Authority Against him that disturbeth a Minister or abuseth the Sacrament shall willingly and of purpose by open and overt word or deed maliciously or contemptuously molest or by any other unlawfull wayes disquiet or abuse any Preacher lawfully Authorised in his Preaching or Divine Service or otherwise contemptuously or of his own Authority abuse deface or otherwise unreverently handle or order the Sacrament of the Body and Blood of Christ in any Church or Chappel Such persons their Aiders and Abettors may immediately after the thing done be forthwith Arrested by the Constable these Officers or any other person then present and carryed to a Justice of Peace to be proceeded against according to the Statute Stat. 1 M. Chap. 6. Ninethly If any one doe without lawfull Against them that eat Meat on Fasting-dayes licence eat any Flesh upon any dayes now observed for Fish dayes the which as it seems are Fridayes and Saturdayes in every week in the yeer but in Christmas and Easter week and the four Wednesdayes in the four Ember weeks he doth forfeit Twenty shillings for every time and one Moneths imprisonment without Baile or Mainprise And every person in whose House the same shall be eaten knowing thereof and not disclosing it to some Officer that hath power to punish it shall forfeit for evey such offence Thirteen shillings four pence and one third part thereof is to goe to the Poor of the Parish where the Offence is done to be levied by the Church-wardens of the place by Warrant from the Justices of Peace c. So that by this Statute If any such Warrant be directed to these Officers they are to execute the same Stat. 5 Eliz. 5. 27 Eliz. 11. 35 Eliz. Chap 7. And the Licence to be given for eating of Flesh to any person for notorious Sickness by the Minister of the Place must be Registred if the Sickness continue above eight dayes after the Licence granted in the Church Book And this must be done by the knowledge of one of the Church-wardens there Tenthly These Officers are to joyn with Numb 12 the Over-seers of the Poor in the execution About the Poor of their Office throughout for they have an equall Authority and Charge with them in the Execution of the whole Office nay these in truth are the principall Officers in this Office and the Over-seers are but Assistants to them For so are the words of the Law that they shall be joyned with the Church-wardens c. Eleventhly If any forfeiture be by any offence About killing of Hares Phesants c. about killing Hares Phesants or Partridges and the Justices of Peace force the payment thereof to these Officers they are to receive the money and see it imployed to the use of the Poor of the Parish Stat. 1 Jac. Chap. 27. Twelfthly These Officers are to joyn with In levying money upon Rates for the Prisoners in the Kings Bench and Marshalsey the Constables of the place to rate the whole Parish towards the payment of the County Rate of the Justices of Peace for the relief of the Prisoners in the Kings Bench and Marshalsey And being rated to pay the same to the High Constable of the Hundred once every quarter under pain to forfeit ten shillings for every default 43 Eliz. Thirteenthly They are also to joyn with For Mariners and maimed Souldiers the Constables to rate the whole Parish towards the payment of the Justices Rate for the County for the relief of the Poor Marriners and maimed Souldiers And to collect and pay the same to the High-Constable ten dayes before every quarter Sessions under pain to forfeit twenty shillings for every default 43 Elz. Fourteenthly These Officers alone are For the Prisoin the Gaol to rate and levy the County Rate made by the Justices for the relief of the Prisoners in the Common Gaole and to pay the same quarterly to the High-Constable of the same Hundred under pain of five pounds and this money if the Church-wardens doe pay before they doe Collect it it shall be allowed them again upon their Accompt Fifteenthly Where an Offender that is To carry a Prisoner to Gaol committed to Prison hath not Goods sufficient to defray the charges of conducting him thither The Constables and Church-wardens and two or three of the Parshioners may make an indifferent Rate for the same And any one of these Officers by warrant from the Justice of Peace that did commit the Offendor may levy the same Rate on the Parishioners Goods Sixteenthly These Officers are upon a Numb 13 Warrant sent to them from any that have Against Drunkards power to levy the forfeitures for the breach of any of the Lawes touching Drunkards and drunkenness And they are then also to see that they doe imploy the same to the use of the poor of the place Seventeenthly These Officers are to joyn Against them that destroy Fish with the Constables to execute warrants for the levying of the forfeitures against them that destroy Fish c. Eighteenthly They are also to joyn with To choose Surveyors for the High-wayes the Constables in the chusing of Supravisors for the High-wayes and in the setting down of dayes for the work and in the oversight of the High-Constables Accompt for the moneys they doe receive by any forfeiture They may also with the help of two Justices of Peace Quorum Vnus force Force High-Constables to accompt High-Constables that have received any money forfeited for defaults of High-wayes to accompt for it and pay in what is in their hands to be imployed about the High-wayes Nineteenthly If a Rogue be brought and About a Rogue tendred to these Officers they must receive him or else they forfeit five pounds Stat. 39. Eliz. Twentiethly 1. These Officers being required About Presentment must attend the Justices of Peace and with the Over-seers of the Poor give to the Justices an Accompt of what stock of money hath been raised by Rates or is otherwise setled amongst them and how they are imployed and what Apprentices are placed or fit to be placed and of the rest of the things concerning their Office 2. They must also present upon their Oathes all Offences that are done within their Parish against the Statutes made for the suppressing of Drunkenness and other disorders of Ale-houses 3. They are to joyn with the Constable in presenting of Popish Recusants CHAP. XII Of the Over-seers of the Poor and their Office THe Overseers of the Poor Numb 1 are certain Officers appointed What they are and
THE OFFICES OF Constables Church-Wardens Overseers of the Poor Supravisors of the High-wayes Treasurers of the County-Stock And some other lesser Country Officers plainly and lively set forth The third Edition with divers Additions and Alterations agreeable to the late Acts and Ordinances By WILLIAM SHEPPARD Esq LONDON Printed by Ric. Hondgkinsonne for Nath. Ekins at the Gun in Pauls Church-yard To all his Loving Country-men MY Deer Friends whose welfare as I much desire so shall I as I may endeavour And having considered within my self how commonly the most of you are necessarily called to take upon you the offices of Constable Church-warden Over-seer of the Poor Supravisor of the High-wayes and some other like offices how large the extent of these offices are amd how little knowledge and skill the most of you have therein whence it cometh to pass that in execution of them sometimes on the right hand you exceed your authority and fall into the hands of the mercilesse Malefactor sometime and more commonly on the left hand you fall short of your authority for he that goeth in the dark knoweth not where he goeth and doe not so much as you may which proves a discouragement to the officer and encouragement to the offendor and hindrance of Justice For the Cure hereof I did heretofore in one Book give you a draught of all these lesser Country offices and therewith also an Epitome of some of the most common and usefull Statutes referring thereunto This Book I have now again revised corrected and by many alterations and additions fitted to our present time and so I deliver it into your hands as a Looking-glasse for you And oh that I could now perswade you all to buy it and read it to know what you may and what you are to doe And when you know it in the name of God doe it and fear not for in so doing you shall doe God much service and your Country much good And this that you may doe shall be alwayes the prayer of your Loving Country-man W. S. CHAP. I. Of Offices and Officers in generall AN Office is that Function Office and Officer what by vertue whereof a man hath some imployment in the affairs of another And an Officer is he that is so imployed There are divers kinds The kinds of Officers and distinctions of Officers and offices in this Nation we have had Officers and Offices Spiritual or Ecclesiasticall such as were conversant about Ecclesiasticall matters as Ordinances and such like which are gone and Ministers Church wardens and the like which doe yet continue SECT I. OR Civill such as were conversant about Civill matters The Civill Officers and Offices are again some of them judiciall that is such as are to administer Justice upon the Bench and in the highest place and have judiciall voyces in some of the Courts of Justice as the Lords Commissioners of the great Seal Judges in the two Benches Barons in the Exchequer Justices of the peace in their Sessions Stewards in Leetes and divers others And others of them are ministeriall onely that is such as doe attend upon the judiciall Officers and serve either to prepare and make ready matters for the judiciall Officers to determine so all the ministeriall Officers in and about all the Courts of Justice or else they serve to execute what the Judges have before determined such were Constables Keepers of Prisons and divers others And some again are partly judiciall and partly ministeriall who have in some things a judiciall power and act as Judges and in other things only a ministeriall power and can act but as Ministers so are Sheriffs and other officers in divers particular acts of their Office And some Officers and Offices are and serve for all the Nation and some are and serve for one County onely and may be called Countie Officers so Sheriffes Coroners Treasurers of the County stock and others And some serve for one Hundred onely and may be called Hundred Officers and some are and serve for one Parish onely as the Parish Constable Church-wardens Overseers of the poor â—urveiors of the high-wayes the Register Parish-Clerk Hayward and the like And some for one place or house onely as the Master of the house of correction for that house the Keeper of a Prison for that Prison onely and so of others some are for the publique administration of justice as Sheriffs Constables and such like Officers and some are and serve onely for and to the private interest of some men as the office of Parkers Bayliffs and such like As to Officers and Offices that concern the publique administration of justice these things are to be known as to their qualification 1. They must be fit for their office that are chosen into it SECT 2. ANd therefore none that are by law priviledged and exempted are to be chosen as the Officers whose personall attendance is necessary in any of the Courts at Westminster or in the Court of White-hall may be chosen to an office in the Country wherein his personall attendance is necessary as Constable Church-warden or the like Atturneys therefore of the Courts at Westminster the ordinary servants of the Lord Protector in his house are exempted so are ministers also Physitians and Surgeons in London are exempted and some others 2. They must be fit in body and minde to to doe their work and duty of the office or else in some cases they are to be removed and others put in their place 3. The Lord Protector as it seemes may by his Letters Patents exempt any man from serving of any of these Offices And as to their coming into their Offices 1. They must be duly and orderly chosen according to the law in that case provided otherwise all that they doe in the execution of of their Offices will be illegall and they may be sued for it And therefore if a Constable by consent of Neighbours only shall be chosen and sworn in a Court Baron only and not in a Leete or by Justices of Peace and he shall arrest or do any thing as Constable he may be sued as any other man that shall take upon him so to doe So if Church-wardens Overseers of the poor shall be chosen at any other time or in any other manner than is by the Statutes and Ordinances provided or being duly chosen shall not be confirmed by the Justices of the Peace according to the Lawes in that case provided all that he doth is unlawfull and he may be sued for it 2. They must come freely to such Offices for if they give or promise to give any reward or fee for them they are disabled to execute or exercise the same Office Stat. 5. and 6. Ed. 6. 16. SECT 3. 3. THey must attend their charge and Offices if they be negligent therein sometimes they may be punished by speciall penalty as the Lawes appoynt And in some â—â—â—s if any man have any speciall prejudice by their neglect
chosen Stock for the relief of Poor maimed Soldiers and Marriners are certain Officers yeerly appointed by the Justices of Peace to have the charge of the Receipt and disbursment of the money taxed and levied upon the whole County yeerly for the relief of poor maimed Soldiers and Marriners For the Justices of the Peace are yeerly at their Quarter Sessions about Easter to choose or appoint one or two persons according to their discretion of the County for the taking and distributing of the moneys of the County collected for the relief of the poor maimed Soldiers and Marriners And the men so appointed by the words of the Statute must be such Men as at the last Taxation before for the Subsidy were valued at Ten pounds in Lands yeerly or Fifteen pound in Goods but if they be sufficient men this it seems is not stood upon And these are to continue in their Office one yeer and no longer and then others are to be chosen in their room 43 Eliz. 3. The Office and Duty of these Officers Their Office and Duty doth consist in these things 1. They are to receive of the High Constables of the Hundreds quarterly the sums of money rated and taxed by the Justices of the Peace upon every Parish for the relief of sick hurt and maimed Soldiers and Marriners and if in case there be any defaults by the petty Constables or High Constables in the levying of the sums or in the payment of them over so as thereby they make any forfeiture These Officers and as it seems without any Warrant from the Justices of Peace may levy the same forfeitures by sale of the offenders Goods rendring to him the overplus for the Parishioners and in their default the Petit-Constables and Church-wardens are to set the Justices Rate And this Rate if men pay not the Church-wardens and Petit Constables may levy it by distress and sale of their Goods And if neither the Parishioners nor Constables and Church-wardens doe set the Rate then any Justice of Peace in or near the place may do it 2. Every Soldier or Marriner impotent sick and disabled by the publique service having a Certificate to any of these Officers under the Hand and Seal of the General of the Camp or Governor of the Town where he served or of the Captain of the Bond under whom he served or his Lieutenant or in the absence of the said Generall or Governor from his Marshall or Deputy or from any Admirall or in his absence from any other Generall of the Ships at the Seas wherein the said Soldiers or Marriners did serve setting down the particulars of their Hurts and Services The Certificate being also allowed by the Generall Muster Master for the time being in the Realm or Receiver Generall of the Muster Rolls the Treasurer and Controller of the Navy This Soldier or Marriner may repair to any one of these Officers of that County out of which he was prest or if he were not prest to this Officer of that County where he was born or last inhabited by the space of three yeers at his Election And if he be not able to goe thither he may repair to any one of these Officers of the County where he doth land And if any such Soldier or Marriner shall thus make to any of these Officers it is the duty of this Officer to give such a portion of relief to him at his present necessity as he shall think fit having respect to his need and the commendation of his service and this to sustain him untill the next Quarter Sessions and then the Justices of Peace by a kind of Instrument may grant him a pention to be paid by this Officer so long as the Statute doth continue if the party so long live and it be not duly revoked And this must be alwaies paid by succeeding Treasurers quarterly But the same present sum so given or yeerly Pention so granted must not exceed Ten pound in gross or Per annum to a common Soldier nor the sum of fifteen pound to any that hath born Office under the degree of Lieutenant nor the sum of Twenty pound to any that hath been a Lieutenant And these Pentions the Justices at their Quarter Sessions may upon causes alter at their pleasures And these Marriners and Soldiers when they Land in the way of their travell before they can get the confirmation of their Certificate must have competent allowance from the Treasurer of every County as they pass from the place of their Landing 3. They are to keep a book and therein to Register all the Certificates they doe receive and allow and all their receipts and disbursments And if any of them doe refuse any Certificate he must set down the reasons of his refusall under it or on the backside of it 4. They are at the end of their yeer to give up a just account to the succeeding Treasurers of all their receipts and disbursments within the time of their Office and then also if they have any money in their hands they are to deliver up the same to the succeeding Treasurers And this they must doe within ten daies after Easter Sessions And if any such Officer so chosen shall refuse to execute his Office he may be fined for it by the Justices of the Peace And if any such Officer shall wilfully refuse to give relief to a Soldier or Marriner as aforesaid the Justices of the Peace may fine him for the same according to their discretion And if any such Officer his Executors or Administrators shall not give up his accompt within the time aforesaid or shall be otherwise negligent in the execution of his Office The Justices of the Peace at the Sessions may assess such fine upon him his Executors or Administrators as they think fit so it be not under five pounds And all the fines and forfeitures happening for the breach of this Statute must be imploy'd by these officers to the uses aforesaid And if any of the County Stock shall be left in their hands it must be disposed to the use of the poor in such sort as the Justices of Peace shall appoint Stat. 43. Eliz. Ch. 3. 5. These Officers now by the Ordinance of May one thousand six hundred forty seven are also to receive the money Rated upon the County by the Justices of the Peace at their Sessions for the relief of the maimed Soldiers and Marriners And the Widows and Orphans of such as have died in the service of the Parliament during the late Wars And this they are to pay out thus 1. To any such maimed Soldiers and Marriners as by Warrant under the Hand of two Justices of Peace they shall be appointed untill the next Quarter Sessions 2. And then as by the Pention there it shall be setled 3. To the Widows and Orphans so much as two Justices of Peace shall set down 4. In cases where the High Constables of hundreds or Petit Constables of Parishes
duty of these Collectors to see them indicted before the Justices that so they may be fined for without indictment they cannot be fined Stat. 14 Eliz. 5. CHAP. V. Of the Governor of the House of Correction for the County and his Office THe Governor or Master of the What he is and how he is chosen House of Correction is an Officer appointed by the Justices of Peace to have Oversight and Government of the House of Correction and of persons committed to the same For such Houses are to be and are provided and maintained with Mills Turns Cards and such like necessary implements in every County for the Keeping Correcting and Setting to work of Rogues Vagabonds Sturdy Beggers and other idle and disorderly persons And the Justices of the Peace or the greater part of them at the quarter-Quarter-Sessions are to choose and appoint one or more sufficient and honest persons to be Governors or Masters of the said House and to take sufficient security from the said Governors for the continuance and performance of the said Service and to set down what allowance they shall have yeerly for their pains which they may charge upon the County and for the relief of such as shall happen to be weak and sick in their Custody and for the Stock to set on work such persons as shall be committed thither and to set down other Orders touching the same according to their discretion And this Money so allowed they shall have according to the appointment of the Justices of Peace as aforesaid to be paid quarterly before-hand by the Treasurer of the County for the relief of the prisoners in the Kings-Bench and Marshalsey And if the Treasurer refuse or neglect to pay it thus the Master of the House of Correction may levy the same or so much thereof as shall be unpaid upon the Treasurers accompt by distresse and sale of his Goods rendring unto him the overplus of the Money 39 Eliz. 4. 7 Jac. 4. The Office and Duty of this Officer is in these things First To look well to the same House and His Office and Duty the backside thereof and all the Implements and Goods he doth finde there he is also to look to all the persons he doth finde there or that shall be afterwards committed to him Secondly To receive such Rogues Vagabonds Idle or Disorderly Persons as by any of the Justices of Peace shall be sent thither Thirdly To keep safely all such as are committed to him and not to suffer them to wander about the Countrey or to escape away without Order of the Justices Fourthly To see and take care that amongst the persons committed to his charge if there be any sick or otherwise impotent c. that have need of relief That he doe relieve them according to their necessity Fifthly To see and take care as for the rest that are able to work that he doe from time to time as they shall remain there set them to work and labor for during that time they must in no sort be chargeable to the Countrey for any allowance either at their coming in or going forth or abode there for they are to have such and so much allowance only as they shall deserve by their own labor and work Sixthly To punish them as he seeth cause with putting on Fetters or Gives upon them and by a moderate whipping of them Seventhly and lastly At every Quarter-Sessions to give an account of all such persons as have been committed to his custody And if they shall offend in any of these particulars or any other incident to the duty of their Office the Justices of the Peace may impose such Fines and Penalties upon them for the same as they shall think fit And these fines must be paid unto and accounted for by the Treasurer of the County for the Kings-Bench and Marshalsey CHAP. VI. Of the Keeper of the Gaole of the County and his Office THe Gaoler or Keeper of Gaoler what a Prison is one that hath the Custody of the place and Prison wherein Prisoners are kept and of these there are as many as there be Gaoles and Prisons As to the Power and Office of these Officers His Power and Office these things are to be known 1. They are to receive such Prisoners as are duly sent or offered to them and all that are sent by a Justice of peace Warrant they must receive If any Officer arrest a man upon suspition of Felony and carry him to the Gaoler he must receive him without a Justice Warrant and if any man that is no Officer take a Fellon doing the Fellony and bring him to the Gaoler it seemes also that in this case he is to receive him also 2. His duty and charge is to look well to the Prisoners that are in his custody for if he suffer any of them to escape he will be punished for it If they be Prisoners for debt and he let them escape voluntarily or negligently he must pay to the Creditor his debt If they be in for Fllony and the Keeper suffer them willfully to escape he is a Fellon if negligently he is finable and so he is for the escapes of lesser Offenders 3. It hath been held by some Judges therefore that a Gaoler may justifie the putting of Bolts upon the Legs of any Prisoners committed to him 4. Keepers they are to see that their Prisoners have necessary provision 5. For this the Law doth give an action of debt to the Gaoler against his Prisoner nor can the Prisoner in this action be suffered to wage his law 6. They are to take care that such Prisoners as are in their custody in execution for debt be kept in strait custody and have not too much liberty for by this means they will be forced the sooner to pay their debts 7. They may not compell or procure their Prisoners to become approveres that is accusers of others for this is Fellony 8. If a Prisoner of debt get away from a Gaoler against his will he may follow him and take him again and bring him to and put him in the Gaole again And so he may any Prisoner that is in for any Crime or offence But if a Keeper doe voluntarily deliver a Prisoner of debt there he cannot retake him put him in Prison again for he is discharged of his imprisonment and the Gaoler must satisfie the debt Coo. 9. 87. Dier 249. Stat. 1 Ed. 3. Stat 1 7 5 Ed. 3. 14 Ed 3. Stat. 1 10. Br. Faux Impr. 24. 27. CHAP. VII Of Constables Tithing-men and the like Officers and their Office SECT 1. What they are and how many sorts of them there are TO omit to shew the Etymologie Statute of Wixchester 1. Lāb of the Duty of Constables Finches Law 306. Sir Tho. Smith de Repub l. 2. cap. 25. 12 H. 7. 18. and diverse acceptance of the word Constable the Antiquity and Originall of the Office of the Constable we are
now to treat of and the divers kindes of Officers of this name in the Common-wealth and to take up so much only as may serve to our present purpose The Constables whose Offices we intend to speak of are said to be Officers of the Common-wealth appointed for the maintenance of the Peace thereof and to be attendant to Court-Leetes Justices of Peace and Coroners for the execution of their Warrants within their Precinct and Liberty And Master Lamberd saith the name of a Constable in a Hundred or Franchise doth mean that he is an Officer that did support the Kings Majesty in the maintenance of his Peace within the Precinct of his Hundred or Franchise And of these Constables there are now said to be two sorts I he first sort are the high-Constables which are for the whole Hundred Lathe Rape or Wapentake the which doe comprehend many Parishes Tythings and Villages and therefore these Officers in respect of Place have a more large command than petty-Constables have These Officers were ordained by the Statute of Winchester which doth appoint amongst other things That for the better keeping of the peace two-Constables in every Hundred or Franchise shall make the view of Armour and they are called high-Constables in comparison of the Constables or pety-Constables that be in the Towns or Parishes within their Hundreds or Franchises whose duty is likewise to maintain the Peace within the severall limits of their Townes or Parishes And of these high Constables there were to be and were anciently two in every Hundred but at this day there is but one in many Hundreds The other sort of Constables are the petty-Constables or the under-Constables who are only for some part as for a Town Parish Village Tything or Hamlet within the Hundred for every hundred hath his high-Constable and every severall Tything within the Hundred hath his petty-Constable Tythin-man or the like within it so that the Command of the petty-Constable is only in one part of the Precinct of the high-Constable but otherwise for his Authority by the ancient Common-Lawes his Office as far as his Precinct doth extend is the same with the Office of the high-Constable over the whole Hundred The Tything-man Borsholder Borrow-Head or Head-Borrow Third-Borow and Chiefe-Pleadge or by whatsoever names they be called in any Townes Parishes Tythings Burrowes Hamlets or other places and their Offices are in effect in most places but one and the same For in some Counties this Officer is called by one name and in other Counties by another name as in Kent he is called Borsholder in Warwick-shire Third-Borow and in other places he is called Constable and in some places he is called Tything-man for he that is called and sworn the Tything-man of any Place is in effect the Constable of the Place and therefore in such places for the most part there is no other Officer called or sworn by the name of a Constable for as petty-Constables about the beginging of the reign of Edward the third were devised in Towns and Parishes for the aid of the Constables of the Hundred so afterward Borsholders and such like were used as petty-Constables within their own Tythings and Burrowes But if it be so as it is in some few places that there is one Constable for the Common-wealth and there is also one or more Tything-men and the Constable doth execute all the Office and the Tything-men are but as attendants on him and seem to have but little power or it be as in some places the Tything-man is to doe service to the Lord of the Mannor rather than to the Common-wealth and he is a customary Tything-man chosen at the Lords Court Or if it be so that there are two or more Tything-men and one of them is for the Common-wealth to execute the Office of Constable and is alwayes chosen at the Leet and this Tythingman time out of minde hath been used to doe nothing about the Office of the Constable but to doe other things in these Cases the custome of the place may and must be continued and such Tything-men shall not be compelled to doe more than by custome they have used to doe Howbeit otherwise and in all other places all these Officers are comprehended within this word Constable and all these Offices are contained within this Office SECT 2. Of the choyce and swearing of High-Constables and Petit-Constables THe High-Constables are and may be chosen and made either by the Justices of the Peace at their quarter Sessions or at the Leet and there eyther by the Steward of the Leet himself or by the presentment of the grand-Inquest in the Leet as the course and custome of the place is And these were heretofore chosen and sworn in the Sheriffes turn The Petty-Constables are and may most properly be chosen by the Steward of the Leet himself or the Presentment of the Inquest in the Leet But these also are chosen by the Justices Dalt Just of P. 37. 38. of the Peace at their quarter-Quarter-Sessions And all these Officers are and may be chosen for one or two yeers according to the custome of the place And when they are chosen at the Quarter-Sessions or at the Leet they doe usually take their Oathes there where they are chosen or they may and sometimes they doe Resol of the Judges take their Oathes before one Justice of Peace at another time and place A Petty-Constable also in some speciall Case may be made and appointed by one Justice of Peace and that out of Sessions as in case where one that is chosen Constable doth refuse the Office or one that is made Constable is removed out of his Office or is dead in these cases in respect of the necessity and for a present supply one Justice of Peace alone may Elect and Swear a new Coo. 8. 41. 42. Titz off Just. of P. 201. Lamb. in the Const. duty 10. 11. Dalt Just. P. 322. 323 18 H. 6. 13. 21 Ed. 3. 2. 12 H. 7. 2 H. 4. 15. Marb Officer and then especially when the Quarter-Sessions and the Leet are far off and not to be kept in a great time after And as touching this matter these things are to be known 1. Where the custome of the place is for the Jury in the Leet to choose these Officers there they may and must be chosen still for this is a good way and custome and the best way of choosing these Officers but where the custome is otherwise there it may be otherwise 2. Which way soever they be chosen there must be great care had that those that are chosen Cap. 10. Fitz. Leet in toto Marb cap. 10. be fit persons to execute the Office and therein these things must be observed 1. The person chosen must be a Lay and not a Clergy-person for all Clergy-men are exempt from this service as they are from attendance at the Leet and therefore if any such person shall be chosen to this Office he may get
himself discharged by a Writ whereof see afterwards 2. The party chosen as he must be a lay person so he must be a lay-man not a lay-woman and therefore a widdow or maid albeit she keep House of her self and dwell in a House whose owner hath been used to serve in this Office is not to be chosen to this Office no more than she is to doe suit to the Leet 3. The party chosen as he must be a man so he must be idoneus homo i. e. a fit man that first for his knowledge that he doth in some good measure understand what he doth and ought to doe And therefore a man that is non compos mentis as an Ideot or mad man an Infant or the like cannot be a fit man 2. He must be fit for his honesty that he may be likely to execute his Office truely without ill affection or partiality and therefore it seems a scandalous liver a malicious and contentious man cannot be a fit man 3. He must be fit for his abilite of Body and Estate And therefore an old weak sick or otherwise impotent man or a poor needy man that lives only by his labour cannot be a fit man It was therefore by speciall direction from the King in An. Dom. 1630. given in charge that the Constables in all parishes should be chosen of the able sort of parishioners and that the Office should not be put upon the poorer sort the which if it were well observed would no doubt much further the execution of Justice through the Nation And if because the common course is every where to put these Offices upon the meaner sort of men the more able sort doe think themselves thereby exempted they are therein much deceived for it is not much to be doubed but that all persons that are bound to doe suit in the Leet are bound to serve in these Offices that are after a sort appendant to the Leet and therefore if any such person be called and chosen thereunto he must and will be compelled to execute the same Howbeit it is deemed an unfit and indiscreet part to elect any to these Offices that in respect of their o her Offices Callings or Professions are presumed to have so much other imployment that they have not leisure to attend upon this so much as is required And hence it is that the Justice of Peace Sheriffs Lawyers Atturnies and such like Persons are seldome or never chosen to these Offices For if any Steward or Jâ—â—y in a Leet should be so indiscreet as to choâ—â—e any such men to these Offices the Justices of Peace upon complaint to them hereof will no doubt be so discreet as to discharge them again and elect others in their place for he cannot be fit for that Office which he hath no leisure to wait and attend upon But otherwise it is not only lawfull but convenient also that these Officers be chosen in all places of the abler sort of men And therefore it hath been of late resolved by the Judges That if a man had made himself one of the Kings servants extraordinary that this would not exempt him from the execution of this office but he must have been made Constable notwithstanding 4. An Infant under the age of twenty one yeers may not of right bee compelled to serve in these offices And yet if such a one be chosen and sworn it seemes he may execute the office as another man may doe And therefore if a young man of the age of twenty yeers or thereabouts especially if he be such a one as hath the growth wisdome and courage of an elder man as sometimes it falleth out be chosen to this office he shall doe well to take it upon him and execute it An old man also aged sixty or thereabouts especially if his strength of body and minde be not much abated may be compelled to serve in these offices 5. If a man live within one Hundred or Tything and have land only within another Hundred or Tything he may not be chosen to serve in this office in the place where his land is for if he have no House upon his Land it seems neither he nor his Tenant is bound to serve in these offices at all in respect of the Landâ— For men are bound to serve in these offices in respect of their Persons and Resiancy and not in respect of their Land But if he have a house upon his land and a Tenant dwelling in it and he be a sufficient man and able to serve the office he may be chosen and made to serve it but not the Land-lord for perhaps he may be chosen to this or some other office in the place where he dwells and a man can doe service with his body but in one place at one time And yet if the Case be so that a man hath two severall Houses in two severall precincts and within severall Leets and he doe live sometimes at the one house and sometimes at the other house in this case he may perhaps be made an Officer at either of the Leets within either of the places if he be there dwelling at the time when the Leet is kept for a man may doe corporall service at two places at severall times But if two Tythings be within one Leet and one man hath houses in both the Tythings in this case it seemeth doubtfull whether albeit he doe live in the one Tything he may not be compelled to serve in this Office for his House in the other Tything especially if the Tythings be neer and he keep no Tenant in his House fit to undergoe the Office when it shall come to his turn wherein as in all other such like cases a due consideration must be had of all circumstances 3. By that which hath been said it may appear then how unreasonable a thing it is that these Offices should follow the Houses or that two or three in a Tything and no more should alwaies execute the same as in some places hath been used and therefore it hath Removing of a Constable been well and wisely altered by the Order of the Justices in some if not in all places 4. If there be a man unfit for any of the causes aforesaid chosen and appointed to this Office in a Leet either by the Stewards nomination or by the Presentment of the Jury or by one Justice of Peace only out of Sessions such a man may be removed and discharged again by Order of the Justices of Peace at their Sessions and another man more fit may be by them then and there elected and sworn in his room that is so removed But if the man elected and made Constable in a Leet be a fit man the Justices of the Peace may not remove him and appoint another And so it hath been agreed by the Judges And yet if the Justices of the Peace shall remove such a man chosen in a Leet that is a fit man it seems
if a Justice of Peace send a generall Warrant to an Officer to carry J. S. to Gaol or to bring him before him and express no cause why it seems to me reasonable in both these cases the Officer in the doing hereof is excusable But if the Justice have not good cause for it he may be sued for it And so perhaps he may be though he have cause for the not expressing of it within his Warrant If this Officer doe arrest any man under Warrant pretence of a Warrant let him be sure he have the Warrant first For if the Officer first arrest and bring the man to the Justice and then get a Warrant to doe it this will not make the arrest lawfull 5. A Warrant of a Justice of Peace by word of mouth is as good in some Cases as a Warrant by writing As if a Ryot or other breach of the Peace be in his presence he may by word of mouth command the Officers or any other to arrest the offendors to finde Sureties of the good Behaviour in the first or Peace in the last Case and if they refuse to put in Sureties he may by word of mouth command to convey them to the Gaole But in other Cases he cannot give warrant to an Officer that is absent and out of his presence and if he send a Warrant by Message only to an Officer to arrest a man and carry him to Gaole the Constable may refuse to doe it 6. If any Warrant come from a Justice of Peace to one of these Officers to doe a thing the Officer himself must doe it and he cannot by word or writing make a Deputy or Deputy command another to doe it but he may call what ayde he will 7. In the execution of these Warrants he is to take great care that he follow the contents of his Warrant and not to exceed it for that may be dangerous And yet this must be understood that when any thing is commanded all that doth necessarily conduce to the doing of that thing and without which it cannot be done is commanded also and therefore all that and so much may be done albeit it be not set down in express words in the Warrant And it is said that if a Warrant be made to J. S. and J. K. to arrest J. D. In this Case either of them alone may make the Arrest 8. A Constable or other Coo. 9. 69. 6. 54. 8 Ed. 4. 15. Dalt J. P. 28. sworn or known Officer albeit he be not known to the party arrested needs not to shew his Warrant to the man when he comes to serve it upon him although he demand it but otherwise it is when he that is no Officer shall arrest a man upon a Justice of Peace warrant for he must shew his warrant and the sworn or known Officer also must upon the arrest of the party declare the contents of the Warrant to him 9. A Constable or the Coo. 9. 69. like Officer giveth sufficient notice what he is when he saith to the Party I arrest you in the Arrest what it is name of the Keepers of the Liberty of England c. for this is an arrest in Law and therefore in this case the party arrested at his perill must obey though he know him not to be an Officer for if he have no lawfull Warrant the party grieved may hereupon have his Action of false imprisonment against him 10. The Officer must take care that he take the very party named in the Warrant and not another for if a Warrant be intended against J. S. who is the Delinquent but it be sent against J. D. another man in this Case the Officer cannot arrest J. S. but must arrest J. D. 11. If the Prosecutor for the Peace or good Behaviour after the Warrant sent agree yet the Officer must execute his Warrant 18. When any one of these Officers hath Numb 18 arrested any man for any cause the Officer must take great heed that he doe keep the Prisoner safe and not suffer him to escape Dalt J. P. 292. Escape especially if the arrest be for matter of Fellony for in this Case if he willingly suffer him to escape this offence is Fellony in the Officer And be the cause of the Arrest whatsoever it will if the Officer doe willingly or unwillingly and negligently suffer him to escape and doe not take him again he shall be fined for it according to his offence by the discretion of those that shall be Judges of the cause 11 H. 4. 25. Stamf. 35. for Officers in these Cases may require what help they will And lest any Officer should flatter himself that he may escape with an easie Fine he is to know that the Judges of his fault may set his Fine equall to the value oâ— all his goods if his offence so require And if an Officer take a man upon a Warrant from a Justice of Peace and then letteth him goe and taketh his word that he shall come again to him such a day to goe to the Justice of Peace Arrest and the party cometh not this is an escape in the Officer for which he may be punished and the Officer as it seems cannot now arrest him upon this Warrant But if the party in this or any such like Case escape of his own wrong without the consent of the Officer the Officer in a fresh pursuit may take him again albeit he be out of his sight and out of his Precinct as is before shewed Nineteenthly Numb 19 The Gaoler must receive the Prisoner offered Duty of the Gaoler 4 Ed. 3. 10. 11 Ed. 4. 7. Bro. Faux Impr. 24. 25. 27. unto him freely without taking any thing of them that bring him But it is said that a Gaoler is not bound to receive any Prisoner from an officer immediately but by a Justice of Peace Warrant But it is not safe for a Gaoler to refuse such a Prisoner for if a Constable may in some cases must is bound by the duty of his place to bring some Offenders to Gaol without any Warrant of a Justice of Peace as he is the Gaoler is bound to receive them so brought And if a man be arrested for Fellony and the Constable carry him to the Gaol and the Gaoler will not receive him it is said the Constable must bring him back to the Town where he was taken and that the Town must be at the charges of keeping him untill the next Gaol-delivery But howsoever the Officer must look to him for fear of an escape and in this case the best way for the Officer is to get a Justice of Peace his Warrant to send the Prisoner to the Gaol and hereupon the Gaoler doubtlesse will receive him Twentiethly In what case an Officer maey set a Prisoner at liberty again Fitz. Office of J. P. 130. These Officers albeit they have power in divers cases before and after shewed
alay it when it is And therefore in case of Affrayes they are to labour carefully and speedily to appease them wherein these things are to be known 1. If any of these Officers shall see a man presently bent and in fury going about to breake the Peace as by using of hot words or the like by which an Affray is like to grow he may and must straitly charge and command the Persons at debate in the name of the Keepers of the Liberties of England to keep the Peace c. and to avoyd upon pain of imprisonment And if there be nothing but words between the parties it seeme the Constable can doe no more but this and may not lay hands on them unless they goe further But 2. If the parties at variance will not hereupon obey the Officer and depart but goe on further to threaten to beat hurt or kill and especially if either of them draw weapon or give or attempt to give any blow then the Officer may and must keep them assunder by force and for that purpose if there be need may use his Ayde his own weapon amd may call and require others to help him who at their perils must doe 21 H. 7. 21. Fitz. J. P. 130. so 3. And if the affrayors shall still proceed and goe from words to blows the Officer and his assistants may by force apprehend the Affrayors and cause them to render themselves and put them in the Stocks or in some other Prison or place untill the heat be past or if it be in the night untill the morning or they may carry them unto the next Gaole or to a Justice of Peace 4. If the Affray be great and dangerous the Officers may make Proclamation that the Affrayors shall depart and if they refuse or resist they may commit them to prison in the Stocks or other fit place till the heat Imprisonment be over or that they can carry them to a Justice to finde Sureties especially if any man be hurt in the Affray 5. If the Officer or 21 H. 7. 21. Lamb J. P. 141. 142. any of his Assistants in this service shall be hurt by the Affrayors they shall have good remedy against the Affrayors But if the Affrayors be hurt by the officers or their Assistants in doing of their duty herein the Affrayors shall have no remedy against them For if the Affrayors shall resist and refuse to obey the Officer In Officer may beat c. this case he may beat or wound them and Justifie the doing thereof And yet if another man that is no Officer of his own head shall take upon him to part Affrayors as he may and in the parting of them he hurt one of them In this Case he that is hurt shall have an actiof Trespass against him that did hurt him 6. If he that doth make the Affray when he doth see the Officer coming to arrest him shall flye into a house the Officer may in the Breaking open of a house lawfull Fitz. J. P. 130. Dalt J. P. 28. 29. Lamb. J. P. 143. 144. Arrest out of his Precinct fresh pursuit of him break open the dores upon him to take him and justifie it and if he flie out of the Officers libery into another Hundred or Tything or into a Franchise in the same County when he seeth the Officer coming to arrest him the Officer may upon a fresh pursuit follow him and take him there and so may he also where he doth flie out of one County into another But in this last case when the Officer doth apprehend the party in another County he can doe no more with him than a private man may doe viz. carry him before some Justice of the Peace of that County wherein he is taken to cause him there to finde Sureties for the Peace Eliz. J. P. 130. 7. If two men be fighting together in either of their own or another mans house the dores being shut in this case the Officer if he cannot otherwise get in may break open the dores to get in to keep the Peace albeit neither of the parties be hurt 8. In these cases before the Officer may and ought to carry them before some Justice of the Peace to finde Sureties for the Peace because they have broken the Peace already and are meet to be bound that they shall not break it again 9 Ed. 4 26. 10 Ed. 4. 17. 9. It is said that the Constable carrying the Affrayors to Gaole may himself take bond of them to the use of the Keepers of the Liberty for the keeping of the Peace the which bond he is to certifie into the Fxchequer or Chancery from whence the Process is to be made if the Peace be broken and thereupon deliver them and that if they will not finde Sureties the Constable may imprison them untill they doe finde Sureties But this is not used any where It is thererefore safe to carry them to a Justice of Peace 10. When the Officer doth carry the Affrayor to Prison or to a Justice of Peace so that he is bound over to appear at the quarter-Quarter-Sessions or Goal-delivery to answer it in these Cases the Officer must see then that he appear at the next quarter-Quarter-Sessions of the Peace or the next Goale-delivery there to object against the Affrayor as there shall be cause 11. If one make an assault and affray upon the 21 H. 7. 21. 5 H. 7. 7. 6. Lamb. J. P. 14. Fitz. J. P. 14. Officer himself he may take the Party carry him to a Justice of Peace or to prison as he may in case of an Affray done upon another man 12. If an Affray be made in the presence of the Constable and he doe not his endeavor to pacifie it he may be fined for it at the Sessions according to the discretion of the Justices But if the Affray be in another place and notice be given thereof to the Constable and he doe not his best to pacifie it it is said he shall not be fined for this but let this be doubted and Constables advised not to trust to it but to doe their utmost to suppress all Affrays and keep the publique Peace every where within their Precincts And in this Case every private man being present and during the time of the Affray may and must doe his best to quench and alay it But he may not hurt or imprison the Affrayors unless some man be hurt in the Affray Numb 7 3. For the duty of these Officers after the After the peace is broken Peace is broken If the Peace be but newly and freshly broken by an Affray the officer Bro. Faux Imp. 6. Fitz. J. P. 131. Dalt J. P. 29. 38 Ed. 3. 6. 12. Ass 56. 10 H. 7. 20. Poult de pace 13. have notice of it it hath been said he may arrest the parties and carry them before a Justice of Peace to finde Surety for the Peace because they
have broken the same already and are meet to be bound that they shall not thenceforth break it again But it seems this is not Law at this day for it hath been resolved that a Constable ex Officio and without a Warrant from a Justice of Peace may not imprison any man for an assault or affray except he be present at the affray himself In Skarrets Case Hll. 37 Eliz. C B. But in all Cases where an Affray is past this Officer may by Warrant from a Justice of Peace take and imprison the Affrayors and in case where Arrest one is hurt in the Affray and thereby in peril of death he may ex Officio and without any such Warrant arrest and imprison the Affrayors For in this Case when one hath received a dangerous hurt in the affray the officer after the Affray is past may and must arrest and imprison him that did the hurt till he give Surety to appear at the next Gaol-delivery or otherwise he may with less labor than to carry him to Gaole carry him to a Justice of Peace who ought to take such order as the party may give such Surety For the Fact may fall out to be Fellony if he that is hurt happen to dye within a year and a day next after the hurt done And if the Officer doe not so or suffer such a Person to escape he may be deeply fined for it And in this Case also it is said that the officer may after he hath arrested him that gave the wound keep him a while in some other place out of the common Prison untill it may be known whether the party wil live or not If Fellons or Murderers be in the Village Numb 8 and these Officers of the Village have notice of Against persons committing Fellony or suspect of Fellony Fitz. J. P. 201. 1 R. 3. 3. Lamb. Office of Const 17. them it is their duty to gather men together and to apprehend them And if any Fellon be taken it is the Constables office to see him conveyed safely to Gaol And any other man as well as an Officer may arrest and keep in hold such a man as he doth know to have committed any Fellony And as touching persons suspect of Fellony it is said That if any man doth suspect any other man of any Fellony that he hath committed and doe declare the same to any one of these Officers that thereupon he may if the party suspect be within the limits of his Office arrest and bring him with him he shall doe well to bring the other party that did suspect him to the Justice of Peace to be examined But as touching the arresting of another man upon the suspicion of a third Person it seems the Law is otherwise For it is the opinion of the whole Court in the 17 Ed. 4. 5. 11 Ed. 4. 4. Bro. Faux Impr. 24. and in 5 H. 7. 4. That one cannot imprison another man upon the suspicion of a third man for Fellony unless he himself have some cause of suspicion also And that one man albeit he be an Officer cannot justifie the imprisonment of another man susppcted by a third man and at his commandement that doth suspect And of this opinion was Mr. Justice Bridgman and the whole Court of the Marches of Wales And therefore it was held there that if I suspect a man for Fellony and give notice hereof to the Constable that he cannot arrest him upon my suspicion And yet when I have arrested him upon mine own suspicion and delivered him to the Constable that in this case the Constable must look to him at his peril And if the Constable from this doe receive a suspicion of him as he may upon a fame or any flight report I think it reasonable and justifiable in him to arrest him But as touching this matter and for the cleering of this point these things are to be known 1. That any one of these Officers or any other 9 Ed. 4. 26. 17 Ed. 4. 5. 20 Ed. 4. 6. Bro. Faux Impr. 27. private person whatsoever having cause to suspect another of a Felony committed by Murder or Theft may himself arrest and apprehend such person suspect but herein he whosoever he be must take heed to three things 1. That there be a Fellony committed or at least confidently reported to be committed for otherwise there can be no good cause to suspect any man 2. That there be some cause to suspect the party arrested more than another 3. That after the arrest the party that doth arrest him doth carry him to a Justice of Peace or to the common Gaole to the end that the party accused may be Indicted or acquitted at the next Sessions c. Or if it be a private man that doth make the arrest that he doe deliver the party arrested to the Constables c. of the place 2. These or any or either of these are Causes of suspicion of a man for Fellony 29 Ed. 3. 39. 9. 4 H. 7. 4. 7 H. 4. 35. 27 H. 8. 21. 14 H. 8. 16. 2 H. 7. 15. 11 Ed. 3. 44. 21 H. 7. 27. Fiâ—z J. P. 201. Numb 9. held to be sufficient causes of suspicion 1. That the person suspect is Indicted for the same Fellony 2. If the Fellony be a Murder that he was present at the time of the Murder committed with a Sword drawn in his hand 3. That the person suspect is a person of evill name or is a Vagarant in the Country where the Fellony was done 4. If the Fellony be a Robbery and the party suspect is found with some part of the goods in his hands 5. If one apprehended for the same Fellony hath taken his oath upon a Book that the party suspect is one of the Fellons 6. That it is the common fame and report of the Country that the party suspect did the fact 7. If the party suspect doth flie upon the Fellony committed 8. If there be a Hue and Cry out against the Fellon and the person suspect and apprehended is such a person as is described by the Hue and Cry or if the Fellony be for stealing of Cattel and the party suspect is taken driving such Cattel as are set forth by the Hue and Cry to be stoln And yet hereby an honest man may be apprehended for a Hue and Cry may be raised where no Fellony is done But in this case he that raised it may be punished and he that doth arrest the party is to be excused or there may be no other cause to suspect this man but the possession of the goods and he might come by them lawfully howsoever this is cause enough to give him that doth arrest ground of suspicion 9. If J. S. would have arresteh one that had robbed him and the party suspect forbid him and saith he shall not arrest him this is sufficient cause to make him to be suspected for an accessary And therefore in all these and
Arrest be so as usually it is or put him in some Stocks until he can conveniently have strength to goe with him without carrying him to Stocks a Justice of Peace and then must the party remain in Prison until he shall voluntatily offer and finde Sureties according to the Warrant And if the party upon the first demand thereof made by the Officer doe yeeld to goe and finde Sureties then may not the Officer absolutely arrest him And if he be obstinate and will not yeeld to the Officer but resist him the Officer may justifie the beating Beating or hurting of him And of this Warrants execution and of his proceedings upon it the Officer must give an account to the Justices of the Peace at their next Sessions of the Peace And if the party doth yeeld to goe to a Justice of Peace to give Surety according to the Warrant but will not goe to the same Justice that made the Warrant but to some other Justice he doth name herein the Officer may if he please suffer him to have his will howbeit in this case the Law doth give the election to the Officer and he may bring the party before what Justice of Peace he please And yet if the Warrant be to bring the party before the same Justice of Peace that made it In this case the Officer must bring him before the same Justice and cannot bring him before any other And if the party being before the Justice of Peace refuse to give Surety according to the Warrant and the Warrant have words of authority to the Officer to carry him to the Gaol as most commonly every Warrant hath then Carrying to Gaole may the Officer carry him to prison without any new Warrant from the same or any other Justice of Peace so to doe And in these Cases also the Officer is to consider whether the Warrant doe come directly from the meer authority of the Justice of Peace or else be grounded on a Writ of Supplicavit sent down from the Warrant higher authority which difference ought to appear in all well made Warrants For if the Warrant be grounded on such a Writ then may the Officer compell the party to goe to the very same Justice or Justices of Peace that made the same Warrant or else he may carry Dalt J. P. 137. him to Gaole Neither is it requisite in this case that the Officer should dance up and down after the party untill he can finde out Sureties but he may detain the prisoner untill he can 5 Ed. 4. 6. bring Sureties to the Officer And the Officer that doth arrest a man upon such a Warrant of the Peace or Good-behaviour must see that he doe afterwards bring the party to the Justice of Peace to give Sureties or to the Gaol for if he doe not so he may be punished for it by fine at the Sessions and as it seems also by Action of Fals-imprisonment at the suit of the party arrested And if the party against whom such a Warrant is granted hearing thereof Numb 16 doth as oft times he doth offer himself with Sureties for the cause to some other Justâ—ce of Peace and he doth binde them or he findeth Sureties in some of the Courts at Westminster and so hath a Supersedeas out of Supersedeas the Chancery upper-Bench or from any Justice of the upper-Bench or from any Justice of Peace of that Countie directed to all the Officers of the County to discharge the same Surety of the Peace or Good-behaviour and he hath the same ready to shew to such Officer as shall come to him with the Warrant as Arrest aforesaid and doth shew and deliver the same to him when he is about to execute the same Warrant In this Case the Officer is not to meddle with him For if the Officer shall require the party to obey the arrest he may refuse it and if the Officer shall arrest the patty he may have an Action of False-imprisonment against the Officer for it And by this Supersedeas the Officer is discharged of any duty touching the Warrant of the Justice of Peace directed to him But let the Officer see that he keep his Supersedeas safe for his discharge if he be questioned for not serving the Warrant And it is not amiss for him to give notice of the same to the Justice of Peace from whom he received the commandement of service that thereby he may see the cause why the same was not done But in these Cases some say that another Justice of Peace cannot discharge the Warrant of the first Justice of Peace untill the party be bound indeed Howbeit if such a Supersedeas come to the Officer that hath the Warrant to arrest it seems that by this he is discharged and that he is to obey the Supersedeas especially if he know not whether the party have given Bond or not Hitherto we have spoken of the Office of these Officers set forth by the ancient common Laws of the Nation And now we come to speak of the same as it is enlarged by divers Statutes wherein also we shall finde the same difference we had before That by the same Statutes they are required and enabled to doe something as of their own authority and without any commandement or authority from â—â—hers and other things they are required and enabled to doe when they have commandement from the Justices of Peace or some other superior power so to doe SECT 3. Of the Office of the High-Constable and Petit-Constable against Prophaners of the Lords-Day FOR the better understanding of their Duty herein these things are to be known 1. This day is by every one to be sanctified and kept holy and men must be carefull herein to exercise themselves in the duties of Piety and true Religion publiquely and privately and every one on this day not having a reasonable excuse must diligently resort to some publique place where the service of God is exercised or must be present at some other place in the practise of some Religious duty either Prayer Preaching Reading or Expounding the Scriptures or conferring upon the same 2. None may on this day meet out of their own Parish at any sports whatsoever nor may they meet within their own Parish for Boar-bayting Bull-Bayting Enterludes or other unlawfull exercises under pain to forfeit three shillings four pence for every offence to be levyed by distress and sale of Goods and for lack of distress to sit three hours in the Stocks Nor may any one on this day keep or be present at any Wrestlings Shootings Bowlings Ringing of Bells for pleasure Masque Wake Church-Ale Dancing Games Sport or Pastime whatsoever under pain to forfeit five shillings if he be above fourteen yeers old and twelve pence by him that hath the government of him if he be under fourteen yeers old to be levyed by distress and sale of Goods and if no distress be to be had to
if any man shall make rescues against any person authorized for the execution of this Statute or any man convey Rogues by a generall Pasport without conveying them from Parish to Parish or if any Constable will not receive a Rogue when he is brought to him in the right way according to his pass or if he accept him and doe not convey him to the next Officer for every of these offences the offendor doth forfeit five pounds and is to be bound to the good Behaviour and if the Rogue be brought and delivered or offered to the Church-wardens or Overseers of the poor or either of them to whom he is to be offered they must accept him and look to him or else they doe forfeit for every default herein five pound and they are to be bound to the good Behaviour and if these Officers doe take him it seems they may deliver him over to the Constable presently For it seemes the Rogue is to be delivered or offered to the Church-wardens and Overseers who are to see him relieved there but he is to be carried and conveyed by the Constable and yet if the Constable will not receive him at their hands the Church-wardens and Overseers themselves must at their perill see him conveyed to the next Parish 6. Constables are not to post away such persons as shall come or be sent unto them that are desperately sick or women with childe ready to be delivered but are to keep such till they recover strength for by this meanes many have perished neither are they to deliver any Vagabonds or Cripples to the next Constables after Sun-set or to convey such especially Cripples by horse or cart upon the Lords day upon pain of punishment 7. If any of these Rogues shall appear to be dangerous Incorrigible Rogues to the inferiour sort of people of the place as if he shall threaten or offeer any Numb 3 violence to them or will not be reformed by this means of his Roguish kinde of life as in case where he hath been punished and sent to his place of Birth and doth then fall to his roguish kinde of life again or when he shall say he was born or last dwelt in such a place and in truth it is not so in these cases such a person is to be accounted an incorrigible Ord. 11. Febr. 1647. Rogue so also is him that acteth as a Stage player the second time after conviction And it is the duty of these Officers if any of them meet with such persons within his liberty to carry him before some Justice of Peace there to be ordered by him according to the Statute 8. If any warrant be sent from the Conveying him to the house of Correction Justices of Peace to any of these Officers to convey any Rogue or other idle or disorderly person unto any house of Correction within the said County they must be carefull at the charge of the Hundred to doe the same under pain to forfeit for every default what Fine not exceeding fourty Shillings the Justices shall impose upon him that doth offend 9. The Justices of the Peace of every Division Private Sessions are to keep a private Sessions twice a yeer at the least to look to the execution of Statutes Numb 4 for the houses of Correction and for the punishment of Rogues and they must then Search four or five dayes before send their Warrants to all these Officers within the Division to require them that they being assisted with some others sufficient men of the place doe make privy search in one night within their precincts to finde out and apprehend such Rogues and idle persons and to bring them if they finde any before the said Justices at their meeting and this these Officers must be carefull to doe accordingly And all these Officers must appeare at the said meeting and then and there certifie upon their oathes in writing under the hands of the Ministers of the places where they dwell what Rogues and Vagabonds they have taken in the same search or since the last meeting of the Juwices and whom they have punished and sent to the house of Correction under pain to forfeit for every default whatsoever the said Justices under 40. â— shall assesse 10. These Officers are to take and punish and convey to other Officers every Rogue and Begger that shall be brought and set on the Land here from Ireland Scotland or the Isle of Man till he come to the next Port or Parish in or neer where he was first landed under pain to forfeit ten 1 Jac. 7. shillings for every default 11. It is every mans duty as well as these Officers to cause to be apprehended such Rogues as he shall see or know to resort to his house to beg or receive any Almes and him or them shall carry or cause to be carried to the next Constable 1 Jac. 4. or else shall forfeit for every default herein ten shillings 12. The person that shall run from his Familie and leave it to the Parish is to be punished as an incorrigible Rogue And he that doâ—h threaten so to doe is to be sent to the House of Correction unless he can give Sureties for the discharge of the said Parish SECT 7. Of the Office of the High-Constables and Pettit-Constables about Search for or Seizing on Persons or Goods 1. THey may search Ale-houses Tobacco-houses for Typlers and Idle Persons on the Lords day Act. 29. Aprill 1650. 2. A Fellony being newly committed the Constable within his limits may ex officio and without any Warrant from a Justice of Peace and ought to search for the Fellon or the goods See more for this in Sect. 2. of this Chapter before 3. These Officers are to search houses suspect to dress meat in the Lent and to seize it and give it to the poor 1. Jac. 29. 4. These Officers are once every fifteen dayes to search and enquire the 23 Eliz. 10. 7 Jac. 11. defaults of Innes and Ale-houses 5. They may search suspect places for Nets and Doggs to take Partridges and Phesants â—9 Eliz. 10. 6. The High-Constable may search for Engins used for stretching of Cloth and deface them 7. They may search for bad Moult 8. If any man flye for a Fellony the Constable of the Town may and ought to seize on and keep safely his goods because the Town is to answer for them and it is best to be done by Indenture taken by the Teste and before the Inhabitants So upon the apprehending of the Person for Fellony the Officer may seize on all his Goods and Chattels and keep them safe letting the owner have so much of them as is for his necessary maintenance until his conviction for til then the property is not altered SECT 8. Of the Office of the High-Constable and Petit-Constable about making and levying of Rates THe Justices of the Peace or the more Rates for the Upper-Bench anâ—â—â—â—shalsey 43
and Sussex are to be levyed by these Officers by Warrant from the Clerk of the Peace or two Justices one of the Quorum 39 Eliz. 19. Constables in Cambridg-shire and the Isle of Stoned horses Ely being desired must measure the stone-horses that goe in the Common and must yearly drive the Common 32 H. 8. 13. 8 Eliz 8. Colledge of Physitians These Officers in London and within seven miles thereof are to attend upon the Colledge of Physicians being thereunto required 14 H. 8. 5. SECT 12. Of the Duty of High-Constables and Petit-Constables in attending the Justices setting and making of Presentment THe High-Constables and Petit-Constables are to attend upon aid and assist and execute the Warrants of the Judges of Assise at their Assises and Gaole delivery And the Justices of Peace at their generall and speciall Sessions and other meetings and there upon Oath and in writing if it be required to make presentment unto them of such things and to such Articles as these 1. If Hue and Cry for apprehending of Fellons have been duely made and followed and by whom neglected 2. If Watch and Ward have been duely ordered and observed and who is faulty therein 3. If Rogues have been duely apprehended punished and conveyed away to their place appointed and who is faulty therein 4. If the Statute of Laborers be observed as if the Rates of wages be observed what Servants or Apprentices have put themselves off or are put away before their term be ended and what is become of the Servant or Apprentice what unmarried persons of able bodies live out of Service not having means otherwise to live then by their Service If they work who sets them to work What persons live idly and will not work or not for reasonable wages or spend all at the Ale-house 5. Of such as lodg and harbour dangerous and suspicious persons for whom they will not answer 6. If Bakers and Brewers keep due Assize of Bread and Beer or that sell unwholsom Bread or Beer 7. Such as sell by false weights and measures 8. Forestallers Regrators Ingrossors 9. What Cause-wayes Bridges and High-ways are in decay and by whose means 10. Millars 11. They must also present the offences done contrary to the Statutes made for the repressing of Drunkenness and other disorders and such Articles as these 1. What number of Ale-houses are within their limits 2. Which of them are licenced and which not and by whom 3. Which of them licenced are in regard of their persons and dwellings fit to sell 4. Who keep ill order by keeping Gaming harbouring Rogues and Theeves suffer Tipling Drunkenness c. selling by unlawfull measures measures unsealed or less than a quart of the best and two quarts of the small for a penny 12. Of the Defaults of High-wayes not enlarged and of Ditches Underwoods and Bushes there to cover Theeves within two hundred foot And if they be charged they must give account to all the particulars of their Office And for any neglect or fault herein the Justices may punish them by Indictment or otherwise as in other like cases of neglect or contempt of them CHAP. IX The Power and Duty of the High-Constable alone and in speciall and beyond the Power of the Petit-Constable SECT 1. THe High-Constables Office Against Cloathiers and their Workmen 4 Ed. 4. 1. Fitz. J. P. 203. lyeth further in these things following The Makers of Cloath shall pay to their Carders Spinners and other Laborers in lawfull money and not in Pinns Girdles or such other things for their work under pain to forfeit three times so much as their wages And they must deliver them their Wooll by due weight And the Carders Spinners Fullers Dyers Sheremen and other Laborers shall doe their work faithfully under pain to forfeit double damages And the Constable of the Hundred may hear and determine the complaints of every such Cloathier and Draper as well for not payment of the wages of the Laborers as of the forfeiture and damages by due examination of the parties And hereupon also for not payment of the said Duties Forfeitures and for the Damages to commit the Trespassers to the next Gaole of the same County until the said Duties Forfeitures and Damages be paid Also they may enter into any House Land or other place to search for any Tenters Ropes Rings Head-wrinches or other Engins for stretching of Cloath and deface them And if the owners shall afterwards use them these Officers may take and sell them and give the monie to the Poor SECT 2. Of the High-Constables Office in receiving and paying of the Rates 1. THe Justices of the Peace or the more Rates for the Prisoners in the common-Gaole 14 Eliz. 5. part of them at their quarter-quarter-Sessions may Rate every Parish within the Shire at such summs as they shall think fit towards the relief of the poor Prisoners within the common Gaole of the Countie so as it exceed not eight pence a week in every Parish and this the Church-wardens must levy within their Parishes on the Sundayes and once every quarter they must pay the same to the High-Constable who must also pay over the same again at the next Quarter-Sessions of the same County to such Collectors living neer the same Gaole as the said Justices shall there appoint to receive it the which Collectors are to distribute the same weekly according to the said Justices appointment under pain of forfeiture of five pounds by every one of these Officers making default herein 2. They are to receive the monies rated by Rates for the Upper-Bench and Marshalsey 43 Eliz. 2. the Justices upon the County for the relief of the poor Prisoners in the upper-Bench and Marshalsey quarterly from the Church-Wardens of the Parishes within their Division ten dayes before the end of the quarter and then they are at the next quarter-quarter-Sessions to pay over the same to the Collectors appointed by the Justices under pain of twenty shillings for every default 3. They are also to receive the monies rated Rates for the maimed Souldiers 43 Eliz. 3. by the Justices of Peace on the County for the relief of maimed Souldiers and Mariners ten dayes before every quarter-quarter-Sessions from the Church-Wardens and Constables of every Parish within their Division And then the High-Constable at the same Sessions must pay over the same monie to any one or two of the Justices of the Peace or to the Treasurer of the County for this purpose under pain of fourty shillings to be forfeited for every default But in these three last cases it seems the High-Constables doe now usually send out their Warrants to the Petty-Constables and Church-Wardens to require them to bring in the monies aforesaid SECT 3. The High-Constables Power and Duty about High wayes EStreats indented ought to be made by About high-wayes 2. 3. Ph. M. 3. 5 Eliz. 13. the Clerk of the Peace and by the Steward of the Leet of all
he onely and not the Land-lord shall be rated and the Tenant is to be rated for the whole value of the Land and therefore the Land-lord is not to be rated again for the Rent he doth receive out of the Land for then the Land would be twice rated And in this case there is a Parishioner and Inhabitant chargable And Receipt of Rent out of a Parish for Land within the Parish by a man that lives in another Parish will not make him a Parishioner But if he have Land in the Parish in his own occupation there he may be rated with this difference he may be rated towards the repire of the Church only For as to the repaire of the Seats of the Church providing of Church Ornaments Sextons wages and the like he shall not be charged therewith Browal 2. part 10. And yet in case where the Land-lord and Tenant both live within the Parish where the Rate is made there the Raters may set the Rate upon which of them they please yet so as they be not both rated for the same thing but a man that doth neither dwell within the Parish nor hath any Land within the Parish cannot be rated at all towards the Church Payments And therefore if a Butcher come thither it being a Market Town to sell Meat and have a fixed Stall there this will not make him a Parishioner nor chargeable to the Church 7. After the Rate is thus made by the Numb 7 Church-wardens and Over-seers of the poor it must be put in writing and the Hands of the Church-wardens and Over-seers of the poor and of the Parishioners that are agreeing to it it will be good to have annexed to it But this is not necessary for a Rate may be good without any Hands subscribed if it be duely made 8. the Rate thus made by them must be confirmed by the two next Justices of Peace 9. If any one refuse to pay them being thus made upon demande the present or subsequent Church-wardens may by Warrant under the Hands and Seals of the two next Justices of Peace levy them and all the arrears thereof and two shillings six pence for the neglect upon the Goods of the party appointed to pay it 10. If any be Over-â—ate grieved with the Rate relief is to be had before the Justices of Peace at their Quarter Sessions Or if the Rate be read by practise and conspiracy to oppress a man as for Alimony or to pay a debt and in cases where the Church-wardens or Over-seers have no Power there perhaps they may make themselves liable to an Action of the Case or Action of Trespass 5. These Officers are to relieve and dispose of the Rents of Lands or Annuities given towards repair of Churches and Church duties according to the intent of the Donor 6. The next thing these Officers by the Numb 8 Common Law are bound to doe is When In delivering over the Church goods and making an Accompt they are going out of their Office they are truly to deliver up to the Parishioners whatsoever Money or other things of right belonging to the Church or Parish they have in their hands and it is the best way to deliver them by Bill indented to the succeeding Church-wardens 7. The last thing these Officers are bound by the Common Law to doe is to give up a true and perfect Accompt of all their Receipts and Disbursements in the time of their Office The which it is best to doe to the succeeding Church-wardens And this if these Officers refuse to doe their succeeding Church-wardens may now compell them to by an Action of Accompt at the Common Law But now by the new Ordinance they are bound within four dayes of their Office ended and new Church-wardens chosen to give an Accompt to their Successors and the two next Justices of Peace and to pay over the Money in their hands to their Successors And refusiing this they are to be committed without Bail till they doe Accompt and pay the Moneys in their hands And by this Writ of Accompt at the Common Law the present Church-wardens may compel their Predecessors to give an Accompt of and to answer for their doings during the time of their Office And if they have done the Parish any wrong to make amends and satisfaction for the same to the use of the Parish for the harm it hath received by their default And in this Accompt the old Officers shall have Allowances allowances for all the needfull sums of Money laid out or spent by them either upon the Reparations of the body of the Church Tower or Bells or for relief of the Prisoners in the Gaol or otherwise where the Law doth enjoyn them to pay or disburse them And now having dispatcht the Duty and Power of these Officers commanded and given to them especially by the ancient Common Law we come to see wherein their Office is enlarged by some Acts of Parliament And this we shall finde to be in these particulars following First We have shewed before how by Numb 9 the late Ordinance of Parliament these Officers In making and levying of Rates and Forfeitures c. may without warrant Ex Officio make and set Rates and that by warrant under the Seals and Hands of two Justices of Peace they may levy the same and the arears therereof and two shillings six pence by distress and sale of Goods And that they may and must also execute the Warrants of the Justices of Peace in levying all the penalties appointed for any offence within that Ordinance of Parliament and also in levying of all such money as shall be remaining in the hands of any of their Predecessors upon their Accompt by distress and sale of Goods Secondly These Officers are to joyn with Numb 10 the Over-seers of the Poor and some others In imployment of money given to charitable uses in the imployment of money given for the binding of Apprentices upon the Statute of 7 Jac. 3. Thirdly Any one of these Officers may Against Prophaners of the Lords day upon sight and knowledge of any offence done against any Law made for the observation of the Lords day dayes of Humiliation or Thanksgiving doe the same execution as Over-seers of the Poor may doe Fourthly these Officers together with Against May-poles the Constable may take down a May-pole And either of these Officers by Warrant from a Justice of Peace must levy the forfeiture appointed to be paid for the setting and keeping up of a May-pole Ord. April 6. 1647. Against Stage-playes Fifthly These Officers alone may levy the forfeiture appointed to be paid by such as are present at Stage-playes And these Officers and the Constables together may levy all the Money Collected of the Comers to it to the use of the Poor Ord. Feb. 11. 1647. Sixthly They must being commanded Against superstitious Reliques by any Justice of Peace take care with the Over-seers of the Poor
how they are chosen yearly to be joyned and assistant to the Church-wardens of the Parish in the over-sight and ordering of the Poor of the Parish And they are to be chosen and made by two or more of the Justices of Peace of the County whereof one of them must be of the Quorum dwelling in or neer the Parish or Division c. who are yearly under their Hands and Seals at Easter or within a moneth after to appoint four three or two substantial Housholders according to the greatness of the Parish to be joyned with the Church-wardens of the Parish And all these together are to look to the Poor of the Parish Stat. 43 Eliz chap. 2. 3. 1 Jac. chap. 25. 3 Car. 1. For the discovery of the Power and Duty Numb 2 of these Officers these things are to be Their Office and Duty known 1. Some things they are to doe in their Office they are to doe it and may doe it Ex Officio without any Warrant from any other And some things they may doe only by Warrant from others And some of these things concern the Poor And some of them doe concern other matters As to the first of these we are to know these things 1. That in this Office the Church-Wardens of the place have an equall Authority and Charge with the Overseers of the Poor and therefore howsoever it be the common course in most places for the Church-wardens to neglect it altogether and not to meddle at all with it yet it is a common neglect punishable upon the Church-wardens and fit to be redressed But if there be but one Church-warden within the Parish this doth suffice and the Overseers of the Poor and this Church-warden together may execute the Office well enough 2. The major part of them without the rest may doe any thing belonging to their Office 3. They must have the consent of two Justices of the Peace one of which must be of the Quorum either in general or in particular to every thing they doe in their Office And yet it seems they may set up and use a Trade by the consent of one Justice of Peace where there are not two Justices within the limits Nor is this consent otherwise necessary then as herein is after set forth 4. The Office of these Men lyeth in these Numb 3 things 1. In general They are to take In setting the Poor on work order with the consent of two Justices of Peace one of the Quorum to set their Poor awork and if need be for that purpose to set up a Trade place out their Apprentices relieve the impotent and such as cannot work or cannot live by their work But more particularly 2. They with the consent of two or more Justices may set up and use any Trade only for the setting awork and relief of the Poor of their own Parish without breach of any Statute 3. They are to set to work the Children of such whose Parents shall not by them be thought able to keep and maintain their Children and such persons married and unmarried as having no means to maintain themselves use no ordinary and dayly Trade of life to get their living by all those that cannot get work elswhere And if any person so appointed by them to work shall refuse so to doe or any others that are able if they refuse to work for the wages assessed he may be sent by any Justice of Peace to the common Gaole or House of Correction not to their place of birth or last dwelling 2. The more part of them with the consent Numb 4 of the Justices as aforesaid may and In binding Apprentices ought to binde forth and place to be Apprentices the Children of such whose Parents they judge unable to maintain their Children But they may not binde any other mens Children so And they unto whom they are so bound may and must recive them and keep them as Apprentices In which particular these things are to be known 1. Two Justices must be agreeing to what they doe herein 2. So they doe binde them to Weavers Masons or any such like Trade or they may binde them to Husbandry or Houswifery 3. It is said they may binde any above seven and under Thirteen years And the Man-Childe may be bound until he be of the age of twenty four years and the Woman-Childe untill she come to the age of one and twenty years or be marryed 4. These Officers may with the Justice of Peace help to compell any man within the Parish that they think fit to take such a poor Childe to be his Apprentice and that without any money at all howbeit in this case it is meet that some respect be had for if the Childe be yong and the party to whom they would place it be not very able they may give him money if they will and it is fit that some money be given as the Overseers and the party can agree And if they cannot agree as the next Justices of Peace or the Justices of Peace at the Sessions shall set down And this hath been the Resolution of the Judges 5. All men that have or may have use for Servants are bound to receive such Apprentices themselves or contribute towards the placing of them with others And albeit a man be not a Tradesman but a Knight Gentleman Clergy-man or Yeoman and albeit he doe not keep House but be a Sojourner if he use Husbandry Cloathing Grasing or the like or howsoever his case be if by his Calling and Profession he must entertain and use Servants of like quality he may be compelled to take such an Apprentice Resolved by the Judges 6. If a wealthy man live so privately that he heep few or no Servants and leadeth such a life that he hath no need of such a Servant yet he may be compelled to take such an Apprentice himself or to give money towards the placing him with some other And this notwithstanding they must bear their ordinary Rates to the Poor as other men doe Rates Resolved by the Judges 7. If there be not Masters enough within the same Parish to entertain the poor Children there the Justices of Peace may compell men of other Parishes within the same Hundred to take them And if there be not enough within the Hundred the Justices of the Peace at their Sessions may compell them of any other Parishes within the County to take them Resolved by the Judges 8. These Apprentices may be bound to a man either in regard of his ability or in regard of his Farm And in the last case it seems reasonable that he goe with the Farm 9. This binding must be Indenture by Indenture or it is not good 10. The Indentures thus made by the Church-wardens and Overseers of the Poor with the allowance of the Justices and this binding by them are as effectuall to all purposes as if the Children were of full age and did binde
themselves by Indentures 11. All such as are so bound according to 43 Eliz. may be safely received as Apprentices 12 Car. 4. If any man refuse to accept of an Apprentice being thus placed to him he is by the Justices of Peace to be bound to appear at the next Sessions or Gaole-delivery And if he refuse so doe he is to be sent to the Gaole till he doe so And if he be bound to appear at the Sessions and doe appear and then refuse without a sufficient excuse to be allowed of the Justices of Peace he is by them to be bound to the good behaviour or if he refuse so to doe to be imprisoned till he doe so and he may also be Indicted and Fined for his contempt Resolved by the Judges 13. If a special Rate be set on any man to help place a poor Childe Apprentice it may be levyed upon his Goods as other Rates are levyed Resolved by the Judges 14. If the Parents of such poor Children refuse to let their Children go to be Apprentices or intice them away being bound the Parents themselves may be sent to the house of Correction 3. The next main part of their Office is Numb 5 to give relief to provide houses for and to In relieving the Poor And what Poor they are to relieve help them that are poor and not able to live by their work For this we must know that there are three sorts of Poor 1. Such as are poor by impotency as first the aged decrepit persons that are past labor Secondly the Infant Fatherless and Motherless not able to work Thirdly the person naturally disabled in Wit or Member as the Ideot Lunatick Blinde Lame c. Fourthly the person visited with sickness who thereby for the time is impotent All these being impotent and not able to Work are to be found and provided for by the Overseers or necessary relief 2. Such as are so by Casualty as first he that is casually maimed in his Calling as the Souldier Laborer c. Secondly the person that is decayed by Fire Water Robbery Suâ—etiship c. Thirdly the poor man overcharged with Children All these and such like having no sufficient means to maintain themselves are to be holpen and set on work by the Overseers and being not able to live by their work are further in Charity to be relieved in some reasonable proportion according to their wants 3. The thriftless Poor as first the riotous and prodigal person that spendeth at play drinking c. Secondly the dissolute person as Strumpet pilferer c. Thirdly the sloathfull person that doth refuse to work or doth wilfully spoyl or imbezle his work Fourthly the Vagabond that will abide in no service or place Fifthly such as will work but for the wages taxed or usually given And for all these latter sort the House of Correction or Common Gaole is the fittest place and to the House of Correction is he to be sent and not to his place of Birth that will not work at the wages assessed or usually given but if they have able bodies they are to be compelled to labor for the Rule of Christ is That such as will not labor must not eat 2 Thes 3. 10 And yet if these prove unable to work then it seems they must have reliefe from the Parish as well as others 2. They are not to take care for houses or other relief for such as are able to work and have or may have work nor yet for their Children for they are by their work to maintain them also But if such be over-burthened with Children it will be good for the Overseers to place some of their Children Apprentices and if these cannot have work the Overseers must procure them work for none may beg in the High-wayes within or without their own Parish nor at any mans dores without their Parish by any license whatsoever nor at any mans dore within the Parish without order of the Overseers of the Poor 3. Nor are they to take care of such as are able to live and therefore if any such person travel through a Parish with Children and the Father dye and leave them in this case the Parish is not bound but in Charity to relieve them 4. Nor for such as having nothing to live by have able bodies may have work and will not work They are not to take care to relieve Rogues for they are to be sent away 6. They must take care for such Poor as Numb 6 have Parents or Grand-Parents Children or In settling of Poor and where they shall he settled Grand-Children able to relieve them as well as others till they can be forced to help them For the Justices of the Peace at their general Sessions may rate the Father or Grand-father Mother or Grand-mother Children or Grand-Children being able to help relieve any poor People and force them to pay it if they live within the County And yet if a Woman having a Bastard take a Husband it seems he is not bound to keep the Bastard unless he have an Estate by her And if the place be not able to relieve their Poor two Justices Quorum unus may charge any other place within the Hundred to help And if the Hundred be not able the quarter-Quarter-Sessions may charge the whole County 7. They must take care for all such as are lawfully sent to and settled amongst them if they prove impotent But by the way as to the point of settling these Rules and Cases following are to be known 1. He that is a Native Housholder Sojorner Apprentice or Servant within a Parish and doth live there in Peace but three weeks or a moneth together is said to be settled there But he that passeth through a Town only or is in another Mans House as an Inmate two or three dayes together or lyeth in an out-House or Barn for a longer time having no house to dwell in or a Childe at Nurse there or a Scholar at School there or in the place being an Uuniversity or as a Traveller in an Inne there is not said to be setled there by this And therefore if any impotency happen to any such the place shall not be charged but they shall be sent to the place where they or their Parents are setled or where the Children were setled Resolved of the Judges 2. If a person be once duly settled in a Parish he may not be after removed but there he must be relieved or set awork as his case is for no man is to be put out of the Town where he dwelleth nor to be sent to his place of Birth or last habitation but a vagarant Rogue And therefore they that have Houses or Services in Parishes when their Estates or Services are ended are to get new Houses or Services and work if they be able for in this case the Parish is not to provide for them But if they be impotent they must be there relieved for they may not
And therefore if a Woman unmarried be hired Weekly Half-yearly or Yearly in one Parish and there is begotten with Childe and then goeth into another Parish where she is settled in service or otherwise two or three moneths and then she appear to be with Childe and it is like to be charge to the Parish the reputed Father being gone or poor in this case she is to be settled in the Parish where she is not where she was begot with Childe Resolved of the Judges And if such a Servant be got with Childe and then goe or be legally put out of her Masters service the Parish not the Master must be charged with it Resolved of the Judges So if a Servant be with Child when she is retained and for this she is afterwards by a Justice of Peace discharged of the service within the time or she be with Childe and her time be expired and she not able the Parish not the Master shall be charged herewith Resolved of the Judges 4. The Justices of the Peace in their Quarter Sessions if any question be about these things doe settle it according to these Rules 5. Such as doe remove any contrary to these Rules may be fined and if any be sent to any place against these Rules they are to be sent back again to the place from whence they came Stat. 43 Eliz. These Officers must provide houses as well as victuals for their Poor and therefore they may by order of the Quarter Sessions and leave of the Lord of the Mannor first had in writing under his Hand and Seal build any house for the impotent Poor of the Parish in any waste part of the Mannor and they may place more Families than one therein as Inmates without any danger but then this house must not be afterwards converted into any other use for so it may become a Cortage afterwards They are to doe their work by and with Numb 6 the money raised by the Rates also with the money that comes to them by the forfeitures of Delinquents upon the Statutes against Alehouse-keepers and Tiplers sale of Tenters default of Clothâ—ers the Flesh in Lent in a Victualling house for taking Partridges profaning the Sabbath or Gods name and such as offend against the Statute made for the Poor and against Rogues The next main thing wherein the duty Numb 7 of these Officers doth lie is in making of In making of Rates Rates For to this purpose it is provided that the Church-wardens and Over-seers of the poor or the greater part of them with the assent of two Justices of the Peace may raise weekly or otherwise by Taxation of every Inhabitant Parson Vicar and other and of every Occupier of Lands Houses Tythes impropriate or propriation of Tythes Coal-mines or saleable Uunderwoods in the said Parish in such competent sum and sums of money as they shall think fit a convenient stock of Flax Hemp Wool Thread Iron and other necessary Stuff to set the poor on work and also competent sums of money for and towards the necessary relief of the Lame Impotent Old Blind and such other among them being poor and not able to work And also for the putting out of the Children of poor persons to be Apprentices And also for the setting up of houses for the Poor to be gathered out of the same Parish according to the ability of the same Parish and they may doe and execute all other things as well for the disposing of the said Stock or otherwise concerning the premises as to them shall seem convenient For the better understanding of which branch of the Statute of 43. Eliz. and discovery of the Law concerning Rates in general these things must be known 1. That when Officers are to make any Rates they shall doe well the first of all to give publique notice in the Church of the time and place when and where they intend to make the same for this in the case of Church Rates is necessary and then if the Parishioners will meet they may if not the Officers and those that doe meet may make the Rate 2. The Rates must not be extâ—â—ded beyond the Parish neither may the Overseers Rate other Parishes towards the Rates of the Poor of their Parish For in Hill Term. 10. Car. inter Nichols and Walker was this case in the Kings Bench. Totrige was time out of minde within the Parish and parcel of the Parish of Hatfield in the County of Hertford and the Parson of Hatfield had time out of minde had all the Tithes out of Totridge as within the parish of Hatfield and had alwayes placed Curates there to say Divine service in the Chappel of Totridge and that for sixty years before Totridge was reputed a parish of it self and during that time had parochiall Officers and that of late the Over-seers of the poor for the Parish of Hatfield had taxed the Plaintiff Nichols being an Inhabitant of Totridge to pay to the poor of Hatfield which tax was confirmed by the Justice and the money being unpaid the Defendant Walker being an Over-seer by Warrant from the Justices of Peace distrained the Plaintiffs Goods and for this taking of his Goods Nichols brought an Action against Walker and in this case it was adjudged for the Plantif and Resolved by the Judges that Totridge being but a Parish in reputation only should not be liable to the Taxation made by the Overseers of the Poor of Hatfield 3. Every man must be rated for his Land to all Rates according to the quality and yearly value and not according to the quantity thereof And so was the opinion of the Lord Chief Justice and Baron Denham at an Assises at Sarum 8. Car. 4. He that doth occupy Land in his own hands lying in severall Parishes must be charged in every Parish for his Land there only proportionably and no more 5. The Farmer is to be rated for the Lands he hath in Lease not the Lessor 6. The Lord or Lessor shall not be charged for the Rent issuing out of the Land because the Tennant is chargeable for the whole Land 7. If there be some other Lands within the Parish that be ancient Demesn and some that be Guildable it seems they must be all rated and so also of Copyhold Lands 8. Impropriations by the very Letter of the Statute are to be rated to the Poor as well as other Lands And in the rating of them it seems reasonable that where they have the Tenth of the whole Parish they bear the Tenth of the charge of the Rate to the Poor And so hath it been of late Resolved by the Judges 9. Saleable Underwoods by the express Letter of the Statute are rateable and by these are intended generally all Woods for Fire-wood albeit they be not cut in thirty or fourty years as the Beech-wood of many Countries is used to be cut for it seems there is no wood to be exempted from this Rate but Timber-wood onely Also Coal-mines
are chargeable to this Rate and for these things they must be proportioned to a yearly benefit So that if a man have a hundred Acres of wood within the Parish it must be considered what wood he may sell and what benefit he may make thereof yearly to the Worlds end and according to the same the Rate must be made And for Coal-mines it must be considered what benefit a man doth make by them and according to the same he must be rated 10. Parsons Vicars and such like persons as Inhabitanâ—s within the intent of this Statute are to be rated towards the relief of the Poor as well as other men and so hath it been Resolved of late by the Judges 11. Any man that dwelleth within the Parish albeit he have no Land within the Parish may be rated towards the relief of the Poor of the Parish And so hath it been also Resolved by the Judges 12. In some cases a man may be taxed for his Goods as well as for his Lands and in case of a Rate for the Poor men may be taxed for their visible Estate of goods viz. their Oxen Kine Sheep c. as well as for their Lands and not only for those goods that are within the same Parish where a man doth dwell but also for those goods which he hath in any other place for a man shall not be rated for his goods in any place but in the place where he doth dwell Nay it is held in this case of Rating for the poor some respect may be had to mens invisible Estate of money for the case may be so that the Raters may know a man within the parish that hath no other Estate and yet perhaps hath an annuity of one hundred pounds by the year or hath hundreds of thousands of pounds of money owing to him and in such a clear and certain case they may no doubt Rate him according to that value 13. In some special case a man may be Rated beyond his ability for if a Parishioner for his own gain or otherwise shall bring into the parish without the consent thereof a Stranger who is or is apparently like to be burthensom to the parish in this case the Parishioners because they have no other remedy against him may Rate him not only according to his ability of Lands and Goods but according to the Damage he bringeth or is like to bring to the Parish by his folly For if any person shall finde himself grieved with any such Rate to the Poor or other such like act done by the Overseers of the Poor or the Justices of the Peace he hath no other remedy but to complain to the Justices of the Peace at the Quarter Sessions where the case appearing to be as aforesaid he shall have a little relief 14. If any man refuse to pay his Rates for the poor the present or subsequent Overseers of the Poor shall have a Warrant from the Justices of the Peace to levy the same of the parties Goods And thereupon they may and must sell the parties Goods and pay themselves their Rate and give the party the over-plus of the money if there be any and if he have no Goods then to carry him to Gaol there to abide until he doe pay it It seems to me that for relief of the poor that they have not places for in case of necessity that they may Rate the parish to build a house and to buy a peece of ground in some of the Parishioners names to set it upon For it is in their discretion which way to provide And if they over-rate any man to these ends they cannot be sued by the party grieved But if there be any conspiracie in the case to oppress a man or he be rated to pay debts or for Alimonie or for any other purpose by these Officers an Action will lye against them These Officers with the Church-wardens the Parson or Vicar and the Constables of the place or the most part of them where any money is or shall be given to be continually imployed for the binding out as Apprentices the poorest sorts of Children shall within the same places have the nomination and placing of such Apprentices and the guiding and imployment of such monies as have been heretofore so given or which hereafter shall be so given to and for the continual binding forth of such and so many Apprentices and in such sort as is already or shall hereafter be so given and appointed either by the last Will or any Writing under the Hand and Seal of the givers of such monies And if any of them wilfully forbear or refuse according to their duties to imploy such monies by means whereof the said monie shall not be imployed accordingly then every of them so offending shall forfeit three pounds for every such offence And the Master Mistress or Dame of such Apprentices shall be bound with one or two sufficient Sureties in double the sum they have received with such Apprentices to such persons as aforesaid appointed to dispose the same monies to repay the money so received at seven years end or within three moneths next after the same seven years ended And if the Apprentice Master c. happen to die within the said seven years then within one year next after such death And these Officers and the rest ought to put forth and employ such monies within three moneths at the furthest after the same shall come to their hands And if there shall not be found fit persons to be bound out Apprentices in the Towns and Parishes where such monies are or shall be given to be employed as aforesaid the poorest Children of any of the Parishes next adjoyning may by the discretion of the said Parson Vicar c. be bound Apprentices taking such Bonds as are before mentioned And choise must be alwaies made of the poorest sort of Children and that no Apprentice be above fifteen years old when he shall be first bound And the said Parson Vicar c. are once every year in Easter week or within a moneth after Easter day to be accomptable before four three or two Justices of the Peace dwelling in or next the said Towns or Parishes for all such monies as they have employed in binding of Apprentices and of all Bonds and Obligations taken for payment thereof and of the monie remaining in their hands and are at such accompt or within ten dayes after to deliver to their Successors or to such as have been in their times or places all the said Bonds and Obligations and such monies as remain in their hands not then employed They must being required by the Justices Numb 8. of Peace attend them and with the Church-wardens In making Presentment give them an accompt of these things what Stocks of monie are in their Parish by Rates or otherwise what Apprentices they have placed and what they have done in all the rest of their Office These Officers and the
the space of eight hours as they shall be appointed by the said Surveyors under pain to forfeit twelve pence for every day they shall make default herein In the Explication of which Branch these things are to be known First That a Plough land is not of any certain content but ordinarily so much as one Plough may plough in one year which in some Countries is more in some less according to the heaviness of the soyl Cook 4. 37. 9. 124. Secondly That so many Ploughs as men usually have and use in the Summer about their own business so many they are to bring with them to this work So that for example if a man with one Plough and five or six horses shall plough seven or eightscore Acres of Errable Land and shall usually go in the Summer with two Carts or Draughts in this case it seems he is to come with two Carts or Draughts to this service And he that occupieth fourty or fifty Acres of Land and keepeth only three Horses and one Draught or Cart he is to come with one Draught or Cart. Thirdly If a man keep only two Horses and a Cart for his own business In this case it seems he is to come with his Cart and two Horses provided with a man or men to manage them Fourthly He that hath a Plough-Land and hath no Plough but doth suffer his Land to lye fresh yet is to finde and send a Plough to this work And so it was agreed by the Judges in the Upper-Bench Mich. 21 Jac. Fâ—fthly A Plough-Land may contain House Meadow Pasture and Wood and therefore if one have so much of this as will keep a Plough and yield Tillage for it if part of it were Eared up In this case it seems he is bound to send his Plough or else to pay for the same the penalty appointed by the Statute for his neglect Sixthly He that keepeth a Plough or Draught for carriage albeit he occupieth little or no Land or Pasture in his own hands yet such one it seems is bound by the Statute to send his Plough to this service Seventhly He that doth occupie a Plough Land lying in Tillage or Pasture in several Parishes shall be chargeable to the amending of the High-wayes in the Parish where he dwelleth as far as any person having a Plough-Land in any one Parish is chargeable Eighthly Every person keeping in his hands and possession several or divers Plough-Lands shall be charged to finde in each Town or Parish where the Plough-Lands being in his occupation doe lye one Cart c. furnished for the reparation of the High-wayes in the several Parishes where his Land doth lye as if he were a Parishioner dwelling in the Parish where the Plough-Land doth lye Ninthly If a man be chargeable but as a Cottager yet if he be in the Subsidy five pounds in Goods or fourty shillings in Lands so long as he stands at that Rate he is to send two able men to the work every one of the six dayes 4. If the Surveyors shall think any of the Ploughs or Carts to be needless any of the dayes they may spare them and instead thereof require two able men the which must come under pain to forfeit twelve pence a man for every default 5. These Officers must see that the work be done according to the direction of the Statutes and every man is to see that he doth his part therein But if the Surveyors themselves shall licence any man to doe less then his work this will excuse him 6. The Owners of the grounds adjoyning to the High-wayes are to take care that all the Fences Hedges and Ditches next adjoyning on either side of the same be from time to time Dicked Scoured Repaired and kept low and that all the Trees and Bushes therein be cut down under pain to lose for every default ten shillings And if any man hath any Ditch in his own Ground that doth serve to lead away the water out of the High-way and he doth not scour and keep the same clean so as to convey away the water he shall forfeit for every Rood not so scoured 12 d. And if any man that hath a Ditch lying by the High-wayes side doth cast the same up into the High-way and then suffer the same to lie there by the space of six moneths to the annoyance of the High-way he shall forfeit for every Load so cast up twelve pence 7. These Officers may if they see cause for the amendment of the High-ways take and carry away so much of the Rubbish and smallest broken Stones already digged of any mans Quarry lying within the same Parish without leave of the owner as they shall think needfull But they may not without Licence dig in any mans Quarry for new Stones much less take away any mans Stones already digged And if there be no such Rubbish to be found in any mans Quarry within the said Parish then may they enter into any mans several ground within the Parish lying neer the place where the wayes are decayed and there if they see hope of finding Materials fit for reparation thereof may dig a new Quarry without any leave of the owner of the Grounds or they may enter upon any mans Ground and gather the Stones that lye dispersed there But they may not without leave dig for any new Quarry in the House Garden Orchard or Meadow of any man nor albeit it be in other Ground dig more then one pit and the same in bredth or length not above ten yards over at the most and then also they must take care that the same be within one moneth after filled up again at the charge of the Parish under pain to forfeit five Marks to the owner of the Ground And if there be any Spring or Water in the High-way that doth annoy the High-way they may turn the same out of the High-way into any mans Ditches according to their discretion 8. They must within one moneth after any default is made in any of the particulars aforesaid present the same to the next Justice of Peace under pain to forfeit fourty shillings for every neglect And this Presentment that Justice of Peace must present to the next Quarter Sessions under pain of five pounds 9. If any man offend against the Statute of 2 3 Phil. Mary i. If the Constables and Church-wardens shall not make a due election of these Officers and set down and give notice of the times and dayes for the Work or if the Surveyors doe not look to and order the work or the Parishioners doe not wait upon the Work as aforesaid In all these Cases the Offender may be punished by Fine or Amerciament in the Quarter Sessions or Leet according to the discretion of the Justices of the Peace or the Steward And these Fines and Amerciaments are to be levyed and imployed by the High-Constable in such sort as is set forth in Chap. 1. of the Constables Office in
the beginning And if any man offend against the Statute of 5 Eliz. i. If these Officers after they have digged in any mans inclosed Ground shall not fill the Pit again or if they shall not present the defaults to the next Justice of the Peace as aforesaid or if any of the High-wayes shall be unrepaired or the owners of Grounds shall not cut up the Bushes and scour their Ditches adjoyning to the High-wayes In these Cases the Offender may be punished by Fine at the Quarter Sessions according to the discretion of the Justices of the Peace And these Fines are to be levyed and imployed as Fines and Amerciaments levied upon the Transgressors of the former Statute And if any man offend against the Statute of 18 Eliz. chap. 9. i. If any man cast soyl into the High-way and doe not remove it within the time aforesaid or doe not scour their Ditches c. and cut down their Bushes in their High-wayes the forfeitures of these men being set down in certain by the same Statute may be levyed by these Officers immediatly by distress and sale of the Offenders Goods upon a Warrant sent from the Justices of Assize Justices of the Peace or Steward of a Leet before whom the persons shall be convict And if they be negligent and doe it not within a year then the Constables or Church-wardens of the place may levy the same as monie is used to be levyed upon an Amerciament in a Leet But all these Fines and Forfeitures are now by the new Ordinance of Parliament to goe to the new Surveyors and by them to be laid out about the High-wayes Ord. 31. March 1654. 10. If all this labor appointed by the Statutes to be bestowed on the High-wayes be not sufficient for the amendment thereof the Parish must supply it For the Parishioners of every Parish are to look to their High-wayes that they be well repaired and kept at their peril For an Information or Indictment may be by the very Common Law preferred for the Keepers of the Liberties of England c. against the Inhabitants of a Parish for not repairing of their High-wayes and thereupon they may be fined to the Keepers of the Liberty c. And in this case the Fine shall not goe to the use of the High-wayes as the Forfeitures and Penalties for the breaches of the Statutes shall doe See more for the amendment of the High-wayes in Sussex Surrey and Kent Stat. 39 Eliz. c. 19. 27 Eliz. c. 19. And now as touching the new Ordinance Of the new Surveyors upon the new Ordinance and their Office and Duty Who must be chosen made for the repair of High-wayes and the new Surveyors Power and Duty therein and the Law at this day in this poynt these things are to be known 1. That there must be two or more sufficient Housholders of every Parish severally holding Lands of twenty pounds or more a year Numb 3 or that are worth one hundred pounds in personall Estate chosen the first Tuesday after the twenty fifth day of March yearly And upon this day also it seems now the Surveyors 20 l. forfeit by the Parish for want of choyse also are to be chosen And if no such choise be made of these new Officers this day then the Overseers of the Poor for that present time must be the Surveyors of the High-wayes also upon this new Law Also Scavengers where any are or as it seems they may be made in any Parish as new Officers And there they are to be Surveyors have equall power with the Surveyors by this new Law And now at this day by this we doe perceive that there are to be Supravisors for the High-wayes upon the former Laws to oversee all the Work required to be done by them which is to be continued and performed still And there are to be new Surveyors by this new Law to oversee the Work to be done thereby and these are distinct Officers one from the other And if these Officers execute their Offices faithfully but a while their wayes will be so good that there will be little to doe for either of them for a long time afterwards The men of the Parish chosen to this Office What they may and must doe by this new Law they are to see to these following things 1. They must take upon Numb 4. them the Office and procure themselves within ten dayes after their choyse to be sworn before some Justice of Peace or forfeit ten pounds for their refusall 2. They must repair and cleanse and keep repaired and cleansed all the High-wayes common Bridges Water-courses Streets and Pavements belonging to the Parish And in Cities and Towns corporate all the Streets and Pavements therein or the Suburbs thereof of neer adjoyning to the same And in other places where Pavements and Streets are they are to look to them And they are to reform common Nusances herein They are also to prosecure all such as have streightned the High-wayes by Hedges Ditches Walls or the like within twenty years past and such as doe not scour and dress their Hedges Ditches c. and such as have any Pavements defective or suffer any Nusance by filth or otherwise 3. They are for this purpose within ten Twenty shilings forfeit if neglected daies after they have taken their Oath to view all the common and publick High-wayes and Roades where Carts and Carriages usually passe and consider what is to be done and what money to be raised to doe it 4. They are within six dayes after this view to give notice in their Parish Church or Chappell of a time and place of meeting to be within three daies after to meet to make a Rate to raise money to doe it 5. At that time and place they with their or the greater part of their Neighbours present if they can agree together if not by themselves are to make a pound Rate in writing upon all the Occupiers of Houses Lands Tythes Cole-Mines saleable Woods Tenements and Heraditaments within the Parish and upon all the dead Goods Commodities or Stock in Trade accounting twenty pounds therein to be equall to twenty shillings a year in Land And herein they may rate over and above all such men as doe suffer any Nusances in or doe any hurt to the High-wayes And so they may rate as oft as they please so as they doe not exceed herein twelve pence in the pound for one year 6. If these Officers and the rest of the parishioners present cannot within two dayes of this meeting agree then they themselves may make it And being made they must get it to be confirmed by the hand of one Justice of the Peace And being thus made it is become a perfect Rate and not to be altered but by the Justices of the Peace in their Quarter Sessions or by two of the Justices then present at the Quarter Sessions And this Rate if every man doth not pay it within
seven dayes after it is made and after publique notice is given for the payment of it is to be doubled 7. They are to hire Ploughs and Men so many as they think fit And the Men so hired must work being required for the wages that any two Justices of the Peace shall set down 8. They may cause the Dytches adjoyning to High-wayes or serving to lead the water from them that are undressed or unscoured to be dressed and scoured And for any water-course that doth run into or stand in any High-way to annoy it they may stop it or turn it into any adjoyning Ditch or they may make new Ditches in convenient places through the grounds adjoyning for the conveyance thereof another way And they may cut plash and keep low all the Trees Bushes and Hedges standing in High-wayes or that are suffered to grow up by them to keep the strength of the Sun from them 9. They may dig and take Stones Gravel Sand Cynder Chalk or any thing fit for the mending of the High-wayes in any common ground And if none be to be found therein or no such Common there then they may take it in any private mans Ground Pasture or Fallow in or neer the Parish And they may take a convenient way to carry it through any mans ground at seasonable times but for this way and for materialls taken out of a private mans ground they are to give to him reasonable satisfaction such as they can agree upon and if they cannot agree upon it then such as any one Justice of Peace not interessed in the thing and indifferently chosen between them shall set down 10. If the Parish by the Rate of twelve pence in the pound in the whole year cannot sufficiently amend their High-wayes the Surveyors may by the help of the Justices of the Peace get them help from other Parishes that are under that Value in the whole year untill their whole charge come up to this Rate And if there be any thing given Charitable uses towards the Repair of their High-wayes which is not imployed or mis-imployed they are to seek to the Justices of Peace for relief herein 11. These Officers also may and so may any Constable or other man within the Parish take all the Horses Mares and Oxen that are in Carts and Waggons loaden drawn through the Parish that are over and above five Horses or Mares or six Oxen and one Horse in one Cart or Waggon And Supernutrerarie Cattel in a Plough if the Owner doe not within seven dayes after the taking thereof pay twenty shillings to the Parish wherein they were taken for every Oxe Mare or Horse over and above the number aforesaid with the charge laid out about it and for the keeping of it then he may sell the same and deduct so much of the money But the overplus he must give back to the Owner 12. If all this will not doe to redress the defects By-Laws of pavements and water-courses and to make them run freely and for the removing of filth and other Nusances in streets and other by places the Inhabitants of the Parish may make by-Lawes for a speciall Rate upon the Parish and make speciall Officers and put penalties upon Offenders and other things to doe it And these Rates and penalties may be levyed by distress and sale of the goods of the party by warrant from any Justice of the Peace and these By-lawes they may have confirmed by the Justices of the Peace in their Quarter Sessions 13. They are to imploy and bestow all the Rates Penalties Fines and forfeitures arising by this new Ordinance or by any other lawes touching High-wayes and Streets and all Issues to be forfeit for not appearing to any Information or Indictment for not repairing of High-wayes or not removing or reforming of Defects or Nusances in Streets or High-wayes and all Fines and Amercements to be set upon any place or person for not repairing High-wayes Streets or Water-courses to pay for Workmen and Ploughs and to doe other things to be done by this Ordinance 14. Those Rates and Distress penalties these Surveyors or any of them may levy by distress and sale of goods of the party by a warrant from any one Justice of the Peace and for lack of distress or not payment thereof within ten dayes after demand made or left in writing under the hands of the Surveyors or either of them at his house who is to pay it the party may by warrant of the Justice be committed to Gaol without Bail till he pay double the money to be paid and the charges of prosecution for the recovery of it 15. They are within a moneth of the Account end of the year in their Office to give in to the Parish at some meeting to be by them appointed a just and perfect Account of all the money by them recived and laid out in the time of their Office and they are to pay over the money then remaining in their hands to their Successors And herein they may deduct the money they have laid out in the prosecution of such as doe any Nusance in the High-way and upon his neglect or refusall that is a Surveyor any Justice of Peace may commit him to Gaol without Bail till he make such Account and payment and such satisfaction to the Parish for the wrong as any one Justice of the Peace shall set down 16. And if any of these Officers or any other be sued for any thing done in these things the Action must be laid in the County where it was done he may plead to it the generall Issue and if the case appear so the Jury must fine for the Defendant and then or if the Plantif be non-suit or discontinue his Action the Defendant shall have his full costs he hath laid out to be set down by his own oath and ten pounds more to make him amends for his vexation Ordinance of the Lord Protector and his Councell March 31. 1654. CHAP. XIIII Of the Register of a Parish and his Office The Register of a Parish What he is and how he is chosen is a new Officer chosen by the Parish and allowed by the Justices of the Peace for the publication of Contracts of Marriages and for the taking and keeping of the entries of all the Marriages Burialls and Christnings of the Parish He is to be chosen by the Parish and approved and sworn by a Justice of Peace and the same entred upon the Register book of the Parish And then he is to continue three years in his Office and longer till another be chosen unless the Justice of Peace or Justice of Peace and Parish together put him out in the mean time This Officer is to receive a note in writing His Office and Duty from any one or both of his Parish or one of his and one of some other Parish that intend Marriage of their Names Sirnames Additions and places of abode of
he may perhaps have a speciall action of the case against him for this neglect 4. And as to their demeanor in their Offices 1. They must in the execution of their Offices pursue the order prescribed by the Law in every particular otherwise they may be liable to Actions for what they doe as another man may be and therefore if Overseers of the Poor shall make a Rate upon one man that doth owe another poor man money as much as the debt and give it to the poor man for his debt or the like he may be sued for this when he doth distrain for the money Rated And if any such Officers shall by colour of their Offices and by conspiracy together or with others oppresse any man or charge him otherwise then the Law doth authorize them the party grieved may have an Action of the case against him for it But if any Rate made to the right and they over Rate the party grieved cannot sue them nor have other remedy but by appeal to the Justices or the Sessions as the Statute and Ordinance doth appoint SECT 4. 2. THese Officers cannot make a Deputy to execute their Offices but another man may assist them and doe some of the worke under them but they must answer for them nor can such Servant or Deputy take any mans person or goods as Officers but as assistant to the proper Officer and by his command therefore let such Deputies take heed how they meddle herein 3. And they must be content with the Fees appointed them by law for any thing they doe in their Offices for if any Officer by colour of his Office shall require or take a fee where none is allowed or take more than the fee allowed where any fee is allowed this is extortion and punishable by fine and imprisonment And yet if any man shall gratis give an Officer any thing for the doing of any part of his Office this is no extortion nor can he be punished for it SECT 5. BUt as to this point of the Officers execution of his Office and all the cases of law that referre thereunto These things are further to be known 1. That every Officer that doth by vertue of his Office arrest any mans person or take Arrest any mans goods he must be sure to look to all these things 2. That he hath a good authority so to doe either by a good warrant from some superior Officer at the time of the act done for a warrant after gotten will not doe or ex officio That is by his own authority as Officer or otherwise his act will be unlawfull and be liable to an action for the doing of it 3. That he doe arrest or take the goods of the right party and not of another man by mistake for if he doe he will be liable to an action for it And herein he is to know that though he be led into the mistake by the Prosecutor Plaintiff or Party arrested himself or a third man this will not excuse him but if there be two of one name and there be no note of distinction and the Process be served upon the wrong and not the man intended the Officer is excuseable And yet if the Officer arrest the party intended but he is named by another name in the Warrant this is actionable 4. He must doe it at a seasonable time And for this these things are to be known 1. That an arrest of a Man for Felony or the Peace or good Behaviour or otherwise in case of the Lord Protector may be in the night as well as in the day 2. No Officer may execute any Writ Order or Warrant on the Lords day or any day of Humiliation or thanksgiving but in case of Treason Felony breach of Peace and profaining of the day 3. If an Officer have a Warrant to arrest and bring a man to the next Sessions he cannot arrest him after the Sessions and if he doe he may be sued for it 4. In case of distresse of goods it is safe for the Officer to doe it by day 5. If he doe it out of time he may be sued for it 5. He must doe it in the right place for this he must know SECT VI. 1. THat he cannot regularly take a Man or his goods without the place or Parish where he is Officer and yet perhaps if a Man be coming to take his Goods and drive them out of the place or Parish he may follow them and take them or if a Man be arrested by the Officer and escape into another Parish there upon a fresh suite he may follow him and take him there And yet let the Officer be well advised herein for we cannot assure him that the Law will excuse him in these cases 2. No Officer may arrest the Person of a Minister going to or returning from his Church in an ordinary course about the service of God much lesse when and whiles he is exercised about divine things 3. And yet in this case the arrest is deemed to be good and no Action will lye against the Officer but they may be punished by the Justices for it SECT VII 4. THe arrest of any other Man whiles he is at Church is punishable by Justices of Peace yet the arrest is good not actionable but an arrest of a Man going to or coming from Church on a week-day is very lawfull 5. That after he hath arrested him or attached his goods he doe not abuse him or them and therefore he can doe or use no more violence therein but what is necessary to the safe custody and convey of the Person and his goods and if he use more he will be liable to action so also if he keep the Person or Goods longer than the Commitment and when the Prisoner shall be discharged upon any pretence whatsoever so also when he keepeth the Person arrested longer than he needeth from the Justice or the Gaol this is actionable 6. If a Warrant from a Justice be to three or more joyntly and severally that they shall arrest or levy goods they may all doe it or any one of them may do it but it wil not be safe for any two of them alone to doe it 7. If an Officer doe any way misdemean himself and doe otherwise then as before in any of these things if it be with the agreement and consent of the party arrested or whose goods are taken this will excuse and take away the Action Now having said somewhat of Officers and Offices in generall We shall say something to some of these Officers and Offices in particular and first of County Officers and then of Parish Officers and then of Officers of some speciall places CHAP. II. Of the Treasures of the County Stock for relief of Poor Maimed Soldiers and Marriners and the Widows and Orphans of such as died in the Service of the Parliament and their Office THe Treasurers of the County What they are and how they are
is cause of suspicion of Fellony when a Fellony is committed but when there is no Fellony done it seems this is not cause sufficient to warrant the arresting of such a person And yet as before it appeareth the accusation of a man where no Fellony in truth is done by Hue and Cry is cause sufficient to warrant the arresting of such a person as is described by the Hue and Cry In an Action of Fals-imprisonment the Defendant did plead That before the imprisonment A. B. was slain at C. and that the Plaintiff was in the 7 H. 4. 10. Dyer 276. company of those who killed him at the time of the Fellony committed and the common voyce and fame of the Countrie at C. was that the Plaintiff was party to the Fellony whereupon the Defendant finding the Plaintiff at C. arrested him for suspicion of Folony and committed him to the Sheriff c. and this was allowed a good and sufficient Plea 9. If a man doe assault another in or neet Imprisoning him that doth attempt to rob Fitz. Bar. 202. 2 Ed. 4. 26. Numb 13. Carrying one to a Justice or to Gaole the high-way to rob him and he that doth make this assault is taken and brought to the Constable of the place In this case the Constable must take him to his ward and carry him before a Justice of Peace to give sureties for his good behaviour In an Action of Trespass of Assault and Battery and Fals-imprisonment the Defendant pleaded That the Plaintiff lay in wait in a high-way to rob such persons as travelled that way and assaied to rob one L. and drew his sword and commanded the same L. to deliver his purse whereupon L. fled and levyed Hue and Cry and this Defendant be ing travelling that way pursued the Plaintiff and took him and committed him to the Constable Arrest to be put in the Stocks who did it accordingly and this was adjudged a good justification for every man may arrest him that doth a Fellony or him who maketh it apparent that he doth intend and goe about to commit a Fellony for that he doth thereby manifest himself to be a principall breaker of Law and Peace of the Nation 10. The Constable is to levy Hue and Cry Hue and Cry when there is cause and to send it East West North and South and it is best to express in the Hue and Cry the nature of the thing stoln colour and marks and to describe the number of Fellons their Horse Apparel c. And this Officer receiving a Hue and Cry after a Fellon must with all speed make diligent pursuit with Horse and Foot after the offendors from Town to Town the way it is sent and make diligent search in his own Town And the Constable and Hundred both may be punished for neglect herein And all other men must hereupon be industrious to take them Hitherto for the most part we have shewed you nothing but what is of the primitive and immediate authority and duty of these Officers and what they may and must doe ex Officio without any commandement or authority from others But for as much as a great part of their duty especially concerning the Peace resteth in making of due execution of the Precepts of higher Officers and especially of the Justices of Peace who be as it were immediately set over them We are therefore in the next place to shew you some part of that which they are to doe in that behalf Albeit these Officers be subject to the commandements In executing of the Precepts of others of the justices of Gaole-delivery of Oyer and Terminer and of some higher Justices yea and to the Precepts of Sheriffs Lamb. Const off Numb 14. Coroners and Stewards of Leets and of other Officers in some certain Cases yet because they are called upon most commonly by the Justices of Peace so as at this day their Office is for the most part conversant about the execution of their Warrants For if the Justice of Peace doth understand by complaint that any man hath stoln or slain or any Servant or Laborour without License hath departed out of his Masters service or any that liveth idly or suspectedly knowing once in what Parish he is he doth write to any one of these Officers to command him to bring this person before him and then he doth examine him and if he finde cause he doth commit him to some Constable or Officer to convey him to the Gaole there to abide till the Justices meet at their quarter-Quarter-Sessions or at their Gaole-delivery that the Law may either condemn or acquit him And to these Precepts these Officers ought especially to shew themselves obedient and then also especially when their Aide is called for to suppress Ryots unlawfull Assemblies and such like notorious breaches of the Peace And 1. howsoever it be so that if a Felloâ— Search Dalt J. P. 289. man have Goods stoln and he doth suspect that such a man hath stoln them and he complain thereof to the Constable so that now Numb 15 the Constable hath cause to suspect him also That the Constable in this case of his own authority without Warrant from a Justice of Peace may search for the Goods and the Fellon and if he finde the Goods seize them and if he finde the Fellon apprehend him yet for the most part the Constable not knowing his authority or the danger is so fearfull and remiss herein that he doth nothing until he have a Warrant of a Justice of Peace to provoke and enable him so to doe And if such a Warrant be sent to him from a Justice of Peace to search Search after Goods stoln and the party that is suspected to steal them the Constable may and must execute this Warrant accordingly 2. If a Warrant come to any of these Officers from a Justice of Peace to bring such a man before him to give Sureties for the Peace or Good-behaviour In this Case the Officer cannot make a Deputy or command another to doe it Deputy Dalt J. P. 290 291. Dalt J. P. 291. Coo. 5. 59. Broo. Faux Impr. 2. Warrant but he may require the aid of others to help himself in the doing of it 3. If a Warrant be directed to this Officer from the Justice of Peace to bring any person before some Justice of the Peace of the County for the Peace or Good-behaviour and the cause as it ought to be is set down in the Warrant In this Case the duty of the Officer is first to finde out the party and having found him to require him in the name of the Keepers of the Libertie of England to goe with him to a Justice of Peace to put in security according to the Warrant The which if he refuse or delay to doe or if he offer to â—un away from him or resist him then must the Officer forthwith arrest him and convey him to the Prison if the Warrant
shall be accountable to their successors and other the Parishioners in such sort as they usually be in other Church reckonings or accounts And for the forfeitures levyed by others upon the Officers they that levy the same shall be accountable therefore And if any man be drunk and thereof convict he is to forfeit five shillings for the same which he is to pay within a week after the conviction to the Church-wardens to the use of the poor of the place to be levyed on the neglect or refusall of the party to pay it by Warrant from the Court Judge or Justices before whom the same conviction was upon the offendors Goods And this Warrant may be made to the Constables or Church-Wardens And if the party be not able to pay it then he is by Warrant from the Justice of Peace to be set in the Stocks and there to sit six houres And for the second offence he is to be bound to the good Behaviour And all these Officers are in their oaths incident to their Offices to be charged to present the offences against the Statute of 1 Jac. and 4 Jac. which are for selling by unlawfull measures tipling or suffering tipling and drunkenness and in cases of forfeitures for drunkenness and for tipling against the tiplers themselves for not making presentments being required If these Officers or the Church-wardens shall neglect their duties in levying the said penalties and due correction of the offendors as aforesaid they shall forfeit for every default ten shillings to the use of the Poor to be levyed as aforesaid by Warrant from the Justice of Peace c. But for drunkenness or tipling no man may be prosecuted after six moneths after the offence committed And yet for suffering tippling and selling by unlawfull Measures the Alehouse-keeper c. may be punished at any time In all these cases and upon all these Statutes the Officers are to take care when any Warrant is sent unto them from any Justice of Peace Major Bayliff c. that they see it duely and carefully executed for fear of the severall punishments aforesaid SECT 10. Of the Office of the High-Constable and Petit-Constable about May-Poles Stage-Playes Cloathiers Disturbance of Ministers Labourers and Servants Moneys forfeit about High-wayes making Supravisors for High-wayes such as have the Plague Hedg-breakers Maulters c. 1. NO May-Poles may be set up and May Poles if any be they must be forthwith Numb 1 taken down by the Comstables Tything-men and Church-wardens of the place under pair of five shillings a week to be forfeited by these Officers till it be pulled down And if any Justice of Peace send his Warrant to the Constables or Church-wardens of the place to levy this money on the Offendor he must doe it Ord. 9. Dec. 1646. 2. No Stage-Playes may be acted the Stage Playes Actors are to be punished as Rogues The Numb 2 Spectators forfeit five shillings a time and the money collected is forfeit And if any Warrant come from a Justice of Peace to the Church-wardens or Constables of the place to levy these forfeitures they must execute it Ord. 11. Febr. 1647. 3. He that shall espy and prove defaults in Clothiers 7 R. 2. 9. Fitz. J. P. 203. any Cloth set to sale against the Assize appointed for Cloths and against the form of the Statutes shall have the third part of every such defective Cloth for his travell by the delivery Numb 3 of the Sheriffs if they be present or the Lords of Faires and Markets or of the Stewards Bayliffs or Constables of the places where the said defective Clothes are found by Indenture made between them The which Indentures must be delivered yearly at the Feast of St. Michael into the Exchequer to the intent to charge the Aulvegers and Collectors by whom such defaults should be searched and amended By which Statute this Officer being required is to take and deliver a third part of all such Clothes as are found so defective by Indenture 4. None may purposely by word or deed Disturbance of Ministers 1 Mar. 3. as by talking laughing hemming or the like without authority disturb a Minister in his preaching of the Word praying or administring Numb 4 of the Sacraments And if any do so any one of the Constables or Church-wardens of the place may of his own authority presently apprehend him and carry him to a Justice of Peace of the same County who may if he think it meet commit him to safe custody and within six dayes after taking with him another Justice of Peace must examin the matter and if by proof of two witnesses they finde it true they must commit the party to Gaole where he is to be for three moneths 5. Any one of these Officers may and must Laborers and Servants 5 Eliz. 4. in the time of Hay or Corn Harvest upon request to him made by any man and for the avoyding of the losse of Corn Grain and Numb 5 Hay cause all such Artificers as he shall see meet to labour to serve by the day for mowing or otherwise for the getting in of Corn or Hay abroad according as they see them fit And if such Persons shall refuse to work as aforesaid being thereunto required by the Officer the Officer may put him in the Stocks by the space of two dayes and one night And this if the Officer shall neglect to doe he shall forfeit fourty shillings No person reteined in Husbandry or in any Arts appointed Departing without a Testimoniall 5 Eliz. 4. by the Statute of Laborers made in 5 Eliz. may depart after the time of such retayner expired out of the Town or Parish where he last served to serve in another unless he Numb 6 have a Testimoniall under the Seal of the Constable or other such officer and two other honest Housholders of the Town or Parish where he last served according to this form Memorandum That A. B. late Servant of C. D. of E. in the County of G. Husbandman or Taylor c. is licenced to depart from his said Master and is at liberty to serve elsewhere according to the Statute in that case made and provided In Witness whereof c. Dated the day moneth year and place of the making thereof The which Testimoniall the Minister of the Parish where such Master Mistris or Dame doth dwell ought to register taking only two-pence therefore And if any such person be admitted into any other service without shewing any such Testimoniall to the Constable or such other Officer Curate or Church-wardens of the place where he shall be accepted he shall be imprisoned untill he procure such a Testimoniall the which if he doe not within twenty one dayes next after the first day of his imprisonment or if he shall bring a counterfeit Testimoniall he is to be whipped as a Vagabond and he that shall receive any such person into his service doth forfeit five pound for every such offence 6
is in the Inn and he that keeps the Inn the Milard and he that owes the Corn to be levied by distress and sale of Goods and for lack of distress to be set six houres in the Cage or Stocks 8. No Traveller Waggoner Butcher Higler Drover or their Servants shall come into their Inn or lodge on Saturday night after twelve a clock nor goe from thence Monday morning before one of the clock without necessary cause to be allowed by one Justice of the Peace under pain of forfeiture of ten shillings by the Traveller and to be levied by distress and sale of Goods and for lack of distress to be set six hours in the Stocks or Cage 9. None Serving of Process may execute any Writ Order or Warrant on this day dayes of Humiliation or Thanksgiving but in case of Treason Fellony breach of the Peace any profaning of the day under pain to forfeit five pounds to be levyed by distress and sale of Goods and for want of distress to sit six hours in the Cage or Stockâ— and the serving of the Proces is void 10. None but in case allowed by one Justice or for Gods service may travel Coaches Boats with any Boat Wherry Lyter Barge Horse Coach or Sedan on this day under pain of forfeiture of ten shillings by him that is carried and five shillings by him that doth carry to be levied by distress and sale of Goods and for lack of distress to sit six hours in the Cage or Stocks Any one of these Officers upon their own sight or knowledge of any Offence done by selling crying or offering of Wares to sel on the Lords day as before may seize and secure the Wares and Goods till Justice may be done against the Offender therein Also any of these Officers may search for the discovery finding out apprehending and punishing of all the Offenders against any of the Lawes aforesaid And all that this Officer is to doe as it seems by this Law is only to search and if he finde any thing to inform the Justice of Peace thereof for it seems to me he cannot doe more without a Warrant from a Justice of Peace Act. 9. April one thousand six hundred and fifty Every one that sweareth is to forfeit for Numb 10 the first Offence as followeth The Lord Against Sweaters and all above him in degree thirty shillings The Baronet or Kinght twenty shillings The Esquire ten shillings The Gentleman six shillings eight pence Any other man or woman single or married three shillings four pence and for every offence afterwards twice as much And for the tenth offence being proved by verdict or confession he is to be bound with Sureties to the Good-Behavior for three years and for lack of payment or giving security to pay it and distress to levy it if he be above twelve yeers old he is to sit by the Heels in the Stocks three hours for the first offence and six hours for every offence after if under Twelve years he is to be whipped by the Constable or Master or Father in his presence three swearings after the Surety for the Good-behavior given is a breach of the Bond. Any one of these Offcers may without Warrant apprehended or cause to be apprehended and carry or cause to be carried to a Justice of Peace to the end he may be there punished any one that doth swear or curse against the Law Act. 28. June one thousand six hundred and fifty Any one of these Officers may also take About superstitious Monuments down superstitious Monuments and Pictures upon the Ordinance of May one thousand six hundred fourty and four If a Rogue be tendred and brought to any About Rogues one of the said Officers to be conveyed to any place he is to receive him and look to him as well as the Constable or he may forfeit the five pound penalty appointed by the Statute of 29 Eliz. CHAP. XIII Of the Supravisors of the High-wayes and their Office THe Supravisors or Surveyors Numb 1 of the High-wayes are What they are and how they are chosen Officers yearly chosen by the Constables Church-wardens of the Parish to look to the amendment of the High-wayes within the Parish For the Constables and Church-wardens of every Parish must yeerly upon the Tuesday or Wednesday in the Easter week call together some of the Parishioners and then choose two honest persons of the Parish to be Orderers and Overseers of the works for the amendment of the High-wayes of the Parish leading to Market Towns But now by the new Ordinance the choise is to be made the first Tuesday after the twenty fifth of March yearly And the safe way is to choose them the first and to choose them or approve them the second day again The which persons so chosen shall have power to order the persons and carriages appointed for the work acâ—â—â—ding to their discretion And if either of the said persons so chosen and appointed shall refuse to take on him and execute the said Office he shall forfeit twenty shillings for this refusall Stat. 2 3 Phil. Ma. c. 8. 18. Eliz. 9. 5 13. 29. 5. For the discovery of the duty of these Officers Numb 2 and the Law in this point these things Their Office and Duty are to be known 1. That they have to doe with no wayes but the publick High-wayes And so hath it been resolved by the Judges in the Upper Bench For the Statute is High-wayes leading to Market Towns 2. The Constables and the Church wardens of the Parish are at the time of choosing of these Officers to name and appoint six dayes to be before the Nativity of Saint John the Baptist then next following set apart for the amending of the High-wayes and they are to give notice thereof the next Sunday after in publick in the Church And this being done these Officers viz. The Surveyors of the High-wayes are to see that the same be observed and that all the Parishioners doe their work on the same dayes in manner as followeth 3. Every person having a Plough Land in Tillage or in Pasture in the same Parish or keeping there a Plough or a Daught shall finde and send on every day to the place appointed one Wain or Cart provided after the fashion of the Country with Oxen c. fit for the carriage and with necessary Tools fit for the work and with two able men and then and there these men must doe such work with their Plough c. as they shall be appointed to doe by the Surveyors aforesaid by the space of eight hours on every of the said dayes under pain to forfeit for every default ten shillings And every other Housholder Cottager and Laborer of the Parish able to labor and being no hired Servant by the year must by himself or some other able man be then and there ready to work and work every one of the said six dayes by
the parties to be married and of their Parents Guardians and Overseers 2. This he is to publish or cause to be published three several Lords dayes then next following at the close of the morning exercise in the Church or Chappel or if the parties to be married desire it in the Market-place next thereunto on three Market dayes in three several weeks next following between the hours of eleven and two of the Clock 3. Upon request of the parties concerned he is to make a true Certificate of the due performance hereof 4. If any exception be made against the same intended marriage he must insert the same with the name of the person making the exception and his place of abode in the Certificate of publication 5. It were very convenient for him to be present at the Marriage for he is to attend the Justice of Peace to subscribe the entire of the Marriage 6. He is to call for receive and keep the old Church-Book and to call for of the Parish a new Register parchment Book which the Parish must provide and he must keep And therein he is fairly to enter in writing all the publication of Marriages Marriages Births of Children and Burials of all sorts of persons and the names of every of them and the dayes of the moneth and year of publications Marriages Byrths and Burials and the Parents Guardians or Over-seers names And for this his Fees are as followeth For the publication and Certificate of a Marriage twelve pence and for the entry of the Marriage twelve pence And for the entry of the Birth of a Child four pence And for the entire of the death of any man four pence And for all this for poor People that live upon Almes nothing But by the Ordinance of 3. Jan. 1644. it was ordained That such a Book should be provided by every Parish and kept by the Minister and other Officers of the Church and that therein the names of all Children and their Parents the time of their Byrth and Baptism and of all persons Married and the time of all Buried and the time of their Birth and Burial be written and set down by the Minister there And that the same Book shall be shewed forth by such as keep it to all persons reasonably desiring to search for any such thing or take a Copie or procure a Certificate thereof So that now by this the Minister must take care of this also for this power is not taken from him by the new Law being in the affirmative Therefore he and the Register must doe it together or else he must be made Register and this is the best way CHAP. XV. Of a Parish-Clerk and his Office THe Parish Clerk is a Lay Officer of a Parish chosen according to the Custom of the place to attend upon the Minister and Church-wardens about holy things This Officer may be a Lay man and is to be chosen according to the Custom of the place if usually the Parish have chosen him so he must be chosen and that election will stand and no Canon of the Church when Canons were in force could have altered it And therefore in this Case if the Parish according to Custom had chosen one man and Minister of the Parish and the Bishop or Chancellor of the Diocess had chosen another according to the Canon the Clerk chosen by the Parish should have stood And the ordinary might not have deprived him Jac. Co. B. Candict and Plom case Hughs Rep. 163. Nor can the Parson of a Parish put a Clerk so chosen out of his place without cause or interrupt him he may have an Action against him as another man that is interrupted in any Lay Office March Rep. 101. pl. 174. His Office lyeth only in and about these things To set the Bread and Wine and Cups decently upon the Communion Table to provide water for Baptising make and keep clean the Church put the Bible and C for the Minister begin the Psalm ring the Bell or Bells and such like things See the same case If any of the Parishioners withhold his wages His wages he may be relieved herein by any two Justices of Peace who may by Warrant require payment thereof And these two Justices may by Warrant under their Hands and Seals order the Parishioners to pay it And if they refuse as it seems send their Warrant to levy it by distress and sale of Goods and for lack hereof send the partie to Gaole till he pay it But without Question the two Justices may binde the Parishioners over to the Quarter Sessions one year if the Parishioner refuse to obey their Order the Sessions may binde them to the Good-Behaviour or upon Indictment for their contempt fine and imprison them Ordin 9. Feb. 1647. CHAP. XVI Of a Hayward of a Parish or Mannor and his Office THe Haward or Hayward of a What. Parish is an Officer of a Parish chosen and sworn in a Leet for the Town to be the common Heard of the Town Kytch 46. The Law taketh not His Office much notice of this Officer but it is said He is to keep the Hedges of the inclosed Grounds of the Parish so that they be not cropt nor broken down and the Grass of the Parish from the destruction of Cattel so that Hay be made thereof That he is to execute such Process of the Lords Court as doe come from the Lord or his Steward of his Court there That he is to present all Pownd breaches made there and all Wayffs and Estrays that shall come there But if he doe not so we know no Law to enforce him to it nor to punish him for neglect of it But the best use that we know is or can be made of him is to look to the common Fields and Commons of the Parish and to doe his best to prevent and to restrain Trespasses and spoil But herein he can doe nothing more than any other Servant nor otherwise then as a Servant to the parties trespassed and by authority or allowance from them CHAP. XVII Of the Bayliff or Reeve of a Mannor and his Office THe Bayliff or Reeve of a Mannor What he is is an Officer of a Mannor chosen by the Lord of a Mannor to dispose of his Affairs concerning the Mannor Of this Officer the Law doth take some more notice And his Office is said to lye in these things 1. He is to collect the Lords Rents Fines His Office Haryots Amercements and other profits happening within the Mannor as they grow due 2. He may seize or distrain for them Ex Officio where seizure and distress is justifiable as Bayliff without any special command of the Lord. 3. He may also pay any Rent due out of the Mannor to any other person 4. It said said He may also order his Masters Husbandrie distrain Beasts damage fesant repair any houses hayes or pales and for that purpose cut down any Timber or Trees That he may