them and commit them to Prison and if he be inform'd of such as haunt Bawdy-Houses or other suspicious Places or of any lewd Man and Woman that are together and about to be incontinent and lewd he may take assistance with him and Arrest them 13 Ed. 1. 4. Cromp. 6. 12 H. 7. 18. Fitz. Just 200. If any be about to make an Assault or His Authority about an Affray Affray the Constable may in the King's Name command them to forbear and depart on pain of Imprisonment Dalt fo 33. And this he ought to do or he may be Fined for his neglect if it be presented by the Inquest at the Sessions of the Peace Cromp. 146. Tho' some say If he be sent for to keep the Peace and will not come he shall not be Fined But Quaere If they will not surcease but still threaten To put the Affrayers in Stocks c. to beat hurt or kill one another and fly into fury and passion he may commit the Offenders to the Stocks or in other safe Custody until such time as he can carry them before some Justice of the Peace to find Sureties for their Beaviour Dalt ca. 1. fo 4 5. 118 340. 3 H. 4. 9 10. But if there be nothing but Words it seems the Constable may not lay hands on them Dalton 34 158. Secondly If they draw Weapons or give He may require Assistance Blows the Constable may command others to assist him and if the Affrayers make resistance against him he may justifie the beating or wounding of them and setting them in the Stocks and it shall be murder in the Affrayers if they kill the Constable or any that assist him And if any person be dangerously hurt in the Affray the Constable * Note that in such case any other person may arrest the Offender may arrest the Offender and carry him to a Justice of Peace who is either to Bail him or Commit him to Prison until it be known whether the Party hurt will live or die 4 Co. 4. 9 Co. 66. Lamb. 135. Dalt 33. If an Affray or Assault be made upon Affray upon the Constable the Constable he may defend himself and put the parties in the Stocks till he can carry them to a Justice of Peace or to the Gaol and he may call others to assist him to do this who may justifie the doing of it Dalton 35. Kitch 69. If a Constable or any of his Assistants Hurting the Constable or his Assistants shall be hurt in an Affray they may have good remedy but if the Affrayers be hurt in resistance they shall have no remedy against them Lamb. 141 142. 21 H. 7. 21. Thirdly After an Affray or breach of Warrant where requisite the Peace be over it is said That the Constable without a Warrant cannot arrest the Affrayers except some person be dangerously hurt as he may before or during the Affray 38 H. 8. 6. But quaere Quaere Pursuit of Affrayer For it s said That if the Affrayers when they see the Constable come to arrest them shall fly into a House by which it seems the Affray is over the Officer may in fresh pursuit of them ex Officio break open the Doors and apprehend them and if they fly into any Franchise within the County he may follow and take them nay though they fly into another County yet he may pursue them and cause them to be taken there but then in this last case out of the County he can meddle no further but only as Assistant to the Constable there to carry them before some Justice to cause them to find Sureties and so much every private man may do Dalton 28 29 33 34. Lamb. 135 143 144. Cromp. 146. And it is also said That if an Affray Affray in a House and the Doors shut be in a House and the Doors are shut and tho' none of the Parties have taken any hurt yet the Constable may ex Officio break into the House to see the Peace kept See Dalton ca. 8. fo 33 34. and Lamb. 135. It has been held That the Constable might Ex Officio take Sureties for the Peace Trin. 35. Eliz. Skarrets Case But it was then the opinion of others that he ought to carry the Offender before a Justice and this is the usual and safest way And 't is held that though a Constable may do what he can to keep the Peace yet he cannot at the request of any man take surety of the Peace Cromp. 6. 12 H. 7. fo 18. a. 3 H. 4. 9 10. Kitchin fo 69. a. Dalton fo 4. 5. ☞ Secondly For the arresting such Arresting persons offensively arm'd Persons as Ride or go Offensively Arm'd you must observe That if any Person shall Ride or go Armed offensively before their Majesties Justices or any other their Officers or Ministers in the time of executing their Office or in Fairs or Markets or elsewhere by Day or by Night in affray of their Majesties Subjects and breach of the Peace or wear or carry any Daggers Guns or Pistols Charged The Constable upon sight thereof may seize and take away their Armour and Weapons and have them apprized as forfeited to their Majesties and may also carry the Persons wearing them before a Justice to give Surety to keep the Peace 2 Ed. 3. ca. 3. 7 R. 2. 13. 20. R. 2. c. 1. Dalton Just ca. 9. fo 35. and 159. But their Majesties Servants in their presence Who may be arm'd and when Sheriffs and their Officers and other their Majesties Ministers and such as assist them to execute their Office and all Persons pursuing Hue and Cry in case of Felony and other Offences against the Peace have lawful Authority to bear Armour or Weapons Dalt ca. 9. fo 36. 5 Co. fo 72. 3 Co. Iust fo 162. The Constables have further Authority to search for Arms but this is by Warrant of which more hereafter As to Riots Routs c. Nota That Sheriffs Suppressing of Riots c. Constables and all other their Majesties Officers shall suppress Rioters and imprison them and all other Offenders against the Peace 17 R. 2. ch 8. All their Majesties Leige people upon Assistants warning shall be assistant to the Justices Commissioners Sheriff and Undersheriff upon pain of Imprisonment and to make Fine and Ransom to their Majesties Stat. 2 H. 5. 8. Dalton J. P. ca. 46. fo 114. It is to be Noted That when three or What may be called a Riot Rout or unlawful assembly more Persons do assemble themselves together to and with the intent to beat or mayhem a Man to pull down a House Wall Pales Hedge or Ditch wrongfully to claim or take Common or a way in a Ground to destroy any Park Warren Dove-house Pond Pool Barn Mill or Stack of Corn or to do any other unlawful act with force and Violence and against the Peace and in manifest terror of
whereby he Commands an Inferior Officer to do something belonging to his Office are as follow First That the Warrant must be plain Rules and clear and not ambiguous and doubtful so that the Officer need not be forced to enquire what the Justice means Secondly That it be compleatly fill'd up and not left with Blanks in it Thirdly The usual form of the Warrant begins thus These are in Their Majesties Names to require you c. tho' it is sufficient to say These are to require you howbeit the Warrant doth carry the more Majesty in it when those Words are used in it Fourthly The Title of Direction may either be above the Warrant thus To the Constable of Dale Or in the body of the Warrant thus A. B. Esq c. To the Constable of D. Whereas c. Fifthly The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tithingmen c. Or To the Sheriff and to all Bailiffs High-Constables of Hundreds and Constables and Tithingmen of Towns and Parishes within the County of A. and every of them joyntly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To A. B. and C. D. both of E. in the County of G. and to either of them But this must be understood of Warrants of the Peace Good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom to send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor in this case the direction of the Statute must be punctually pursued for it is dangerous to vary from it ever so little But where the Justice is left at liberty to direct it to whom he pleases it hath been thought the best way to direct it to a common and known Officer which is the High-Constable of the Hundred or Constable of the Town c. Sixthly The Warrant for an Arrest may be to require the Officer to bring the Offender before the Justice that makes the Warrant or before him or some other Justice of the County and either way is good Seventhly In every Warrant of the Peace or Good Behaviour where Sureties are to be found the Warrant ought to contain the special Cause or Matter that the Party arrested may provide Sureties But if it be for some great Crime the cause may be concealed Eighthly In every Warrant to command an Officer to carry a man to Gaol 't is usual to insert a Clause to the Gaoler at the end of the Warrant to this purpose That you him convey to the Common Gaol of this County and him deliver to the Gaeler or his Deputy there who are hereby required him to receive and detain until he shall from thence be delivered by due course of Law And note that 't is usual and a good Close of every Warrant sent to an Officer to require him to give an account how he hath executed it in this manner And that you be then there with this Precept to give us an account of your Execution of it Or thus That you give me an account within 14 Days next following of your Execution of my Warrant Ninthly Note there is very little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little only in the Form Tenthly Where a Statute doth give Power to a Justice of Peace to compel men to do any thing he may send his Warrant to require them to come before him and if they refuse he may proceed at Law Eleventhly The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel Appearance or Attendance there or Execution of any thing there done under their own Hands or by the Clerk of the Peace as the business of the Quarter-Sessions is done Twelfthly Observe That where a Statute is penned thus that the Constables or Churchwardens by a Warrant from a Justice of Peace shall be enabled to do a thing in this case the Justice may justifie the making of such Warrant Some Precedents of Warrants 1. WArrants and Precedents relating to the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires Forcible Entries Forcible Detainers Riots Routs and Unlawful Assemblies Security of the Peace and Good Behaviour or other Misdemeanors or Offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of the Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty-Constables or to all or any of them to make search for the Traytors or Felons and also for stoln Goods The Form of a Warrant to Apprehend a Traytor J. G. Esq One of Their Majesties Justices of the Peace within the County of N. To the Sheriff of the said County and to all High-Constables Petty-Constables and other Their Majesties Officers Greeting c. Whereas L. M and R. S. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in Their Majesties Names streightly to charge and command you and every of you upon sight hereof without delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the Bodies of the said L. M. and R. S. and them and either of them so found to arrest and attach and immediately upon such arrest to bring before me at my House at B. in the said County Whereof fail not at your peril Sealed with my Seal and Dated the 7th Day of M. in the Third Year of the Reign of our Sovereign Lord and Lady William and Mary King and Queen c. The like Warrant may be made for the apprehension of Felons A Warrant for keeping the Peace Essex ss A. B. and C. D. Esquires To the Sheriff of the same County and to all High-Constables and Petty-Constables and other Ministers and Officers appointed to keep the Peace within the same County Greeting Whereas we are informed that there is a great Meeting appointed to be had at E. within this County upon the 1st Day of February next under pretence of a Fair then and there to be kept or under pretence of a Cock-fighting to be there had or under pretence of a Race to be there Run and the like when and where by occasion or under colour thereof it is suspected there may be some notorious Breach of the Peace by a Fray Riot Insurrection or otherwise For the preventing whereof and the keeping of the
to a Constable and they may be bound to their good Behaviour by a Justice See 2 E. 3. 6. Dalt fo 16. Poult 18. Lamb. 122. For the rest of the Idle persons I think Orchard-Robbers Hedge-Breakers Wood-Stealers c. we may reckon up such as cut down Wood or Corn or rob Orchards and the like And therefore observe That all such as shall be convicted before a Justice of Peace for cutting and taking away of Corn growing Robbing of Orchards Breaking Hedges c. and their Procurers and Receivers knowing the same if they cannot make such Satisfaction as the Justice shall think fit the Justice may then commit them to the Constable to be Whipt either for the first or second Offence and if the Constable refuse or neglect to see them Whipt the Justice may commit him to Gaol till he will do it or procure it to be done Stat. 43 Eliz. cap. 7. And by the Statute 15 Car. 2. cap. 2. Constables Constables may apprehend suspected persons Headburroughs or other Inhabitants in County City or Town Corporate c. may apprehend whom they suspect having or conveying any Wood Underwood Poles or young Trees Bark or Bast of Trees or any Gates Stiles Posts Pales Rails Hedge-wood Broom or Furze and by Warrant from a Justice of Peace the May search suspected Houses Officers may search the Houses and other places belonging to those they suspect and where they find any may carry persons suspected for cutting and taking the same before a Justice of Peace of the County City or Town Corporate where if they give not such account how they came by them as doth satisfie the said Justice or in convenient time to be set by the Justice produce not the Party of whom they bought the same or some Witness to depose upon Oath such Sale shall be deemed as Convicted within the meaning of 43 Eliz. cap. 7. and be liable to the Punishment Punishment therein contain'd And also for the first Offence shall make such Recompence and within such time as the said Justice shall appoint and pay to the Overseers for the Poor of the Parish where the Offence was committed such Sum not exceeding 10 s. as such Justice shall think meet and in default thereof to be committed to the House of Correction for any time not exceding a Month or else to be Whipt by the Constable c. and for the second Offence to be sent to the House of Correction for a Month and be kept to hard Labour and if convicted of the third Offence they shall be deemed Incorrigible Incorrigible Rogues Penalty upon the Buyer of stoln Wood. Rogues 15 Car. 2. cap. 2. And if any person buy Wood c. of any other justly suspected to have stoln the same and this be so found upon Examination before a Justice the Justice may order the Buyer to pay the treble Value thereof to the Party from whom it was taken and in default of present Payment make a Warrant to the Constable to distrain for it and for lack of Distress to commit the Party to the Gaol at the Parties own charge there to remain one Month without Bail or Mainprize 15 Car. 2. cap. 2. But non shall be questioned upon this How and when to be prosecuted Law that hath been punished for the same Offence by any former Law nor after six Weeks after the Offence committed shall any Question thereof be made 15 Car. 2. cap. 2. ☞ Sixthly To have a watchful Eye to such as shall keep Common and Unlawful Gaming-Houses and to such Persons as shall frequent the same Every Mayor Sheriff Bailiff Constable Search for Gaming-Houses c. 48 s. and other Head Officer within every City Burrough or Town shall make due search once every Month at least in pain to forfeit 48 s. for every default in all such Houses and places where unlawful Games Imprisonment till Security shall be used and may arrest and imprison as well the Keepers of the House as the Resorters thereunto until they shall severally give good Security at the discretion of the Justices or such Officers not to keep such Games any more 33 H. 8. ca. 9. And for distinguishing what are unlawful Unlawful Games and Gamesters Games and who are unlawful Gamesters It is Enacted by the said Statute 33 H. 8. cap. 9. That no Artificer or his Journyman no Husbandman Apprentice Labourer Servant at Husbandry Mariner Fisherman Waterman or Servingman shall play at Tables Tennis Dice Cards Bowls Clash Coyting Loggating or any other unlawful Game out of Christmass or then out of their Masters house or presence in pain of 6 s. 8 d. But this Act shall not restrain a Servant by his Masters Licence to Play at Cards Dice or Tables with the Master himself or other Gentlemen resorting to his Masters House And if his Master have Freehold of 100 l. per Annum he may also Licence his Servants to play at Bowls or Tennis 33 H. 8. ca. 9. And Note That all Licences to keep Licenses void Houses or Places of Unlawful Games shall be void by Stat. 2 3 Phil. Ma. cap. 9. ☞ Seventhly At your Assizes You shall present all Offences contrary to the Statutes for the restraint of inordinate haunting and Tipling in Inns c. for the repressing of Drunkenness and profane Swearing No Innkeeper Victualler or Alehouse-keeper No Alehousekeeper to suffer Tipling shall suffer any Town-Dwellers to sit Tipling in his House in pain of 10 s. nor sell less than a full Ale Quart of the best Ale or Beer or two Quarts of the small for 1 d. in pain of 20 s. And here the View of one Justice or proof by one Witness upon Oath or the Parties own Confession before one Justice is sufficient Conviction 1 Jac. 9. And the Oath of Conviction 1 Jac. 9. 21 Jac. 7. 1 Car. 4. Distress the Party confessing shall convince any other The Penalties aforesaid are given to the Poor of the Parish where the Offence is committed and are to be levied on Warrant by the Constable and Churchwarden by Distress which after six Days may be sold to satisfie the Penalty And in default of Distress the party Delinquent must suffer Imprisonment till he pay the Penalty Imprisonment And here every Officer that neglects to levy the said Penaltie or certifie within 20 Days the default of Distress shall forfeit likewise to the Poor 40 s. to be Officer forfeits 40 s. levied upon Warrants from one Justice by distress and sale as aforesaid and upon default of Distress shall incur Commitment as aforesaid The Officers or other Parties receiving Officers accountable these Penalties shall be accountable to the succeeding Officers and other Parishioners One convicted of Drunkenness in Court One convicted of Drunkenness or before a Judge or Justice in their several limits or by the View of one Justice or proof by one Witness upon Oath
Oaths appointed Conventiclers EVery Constable Headburrough Tithingman Constables must levy Fines c. upon frequenters of Conventicles Churchwarden and Overseers of the Poor are authorized and required to levy the Fines assessed by the Justice of Peace upon those who shall be present at unlawfūl Conventicles upon their Goods and Chattels having first received a Warrant under the Hands and Seals of one or more Justices or Chief Magistrate and forthwith to deliver the Mony so levied to the same Justice of Peace or Chief Magistrate 22 Car. 2. cap. 1. If any Constable Headburrough Tithingman Constables must inform of Conventicles on Penalty of 5 l. Churchwarden or Overseers of the Poor shall know or credibly be inform'd of any Conventicle within his Precinct and shall not thereof inform some Justice of Peace or Chief Magistrate and endeavour to Convict the Parties but neglects his Duty he forfeits 5 l. to be levied on his Goods 22 Car. 2. cap. 1. And the said Officers being Constable May break open the Doors to search for Conventiclers Headburrough or Tithingman may upon a Warrant from one or more Justice or Justices or Chief Magistrate with what aid force and assistance they think fit after refusal or denial to enter break open into any House or other place where they shall be inform'd any Conventicle is held as well within Liberties as without and take into their Custody the persons there unlawfully assembled to be proceeded against according to this Act. But no Peers House is to be searched Peers House unless in presence of a Lord Lieutenant or two Justices of the Peace whereof one to be of the Quorum And Note That the Penalties for a Married Wives Penalty levied on Husbands Goods General Issue Woman living with her Husband shall be levied on the Goods of the Husband And any Person Sued for acting by this Law may plead the General Issue and give the Special Matter in Evidence and shall recover treble Costs 22 Car. 2. cap. 1. But Observe further That now Their Exceptions by Act of Indulgence to Dissenters Majesties Protestant Subjects dissenting from the Church of England and qualified according to the late Statute of Indulgence are exempted from Penalties See Stat. 1 W. Ma. 24. Maii 1689. Provided no Popish Recusant have any Not to extend to Popish Recusants benefit Provided also no Congregation be allowed until the place of Meeting be certified to the Bishop or Arch-Deacon or Justice of the Peace c. And provided That if any Assembly of Dissenters not to keep their Meeting House Doors lock'd or barr'd c. Persons dissenting from the Church of England shall be had in any place for Religious Worship with the Doors lock'd barr'd or bolted during the time of such Meeting together All and every Person that shall come to and be at such Meeting shall not receive any benefit from this Law notwithstanding his taking the Oaths and making and subscribing such Declarations c. as are in the said Act contained 1 W. M. 24 Maii 1689. ☞ You shall true Presentment make of all Bloodshedding Affrays Outcries Rescues or other Offences committed or done against Their Majesties Peace within your Limits This Branch explains it self and it is When and where Constables must make their Presentments the Duty of High Constables and Petit Constables to attend upon aid and assist and execute the Warrants of the Judges of Assize at their Assizes and Gaol-Delivery and the Justices of Peace at their General and Special Sessions and other Meetings and there upon Oath and in Writing if it be required to make Presentment to them of things within their knowledge against the Peace and of such other things as are usually contain'd in Articles exhibited to them for that purpose As concerning Felons Hue and Cry Watch Punishment of Rogues Labourers Servants Apprentices Idle and Suspected persons the Assize of Bread and Beer Weights and Measures Bridges in Decay Alehouses Licensed and Unlicensed Gaming-Houses harbouring Rogues Tipling and Drunkenness unlawful and Unsealed Measures Defect of Highways c. and if they be Charged they must give Account to all the Particulars of their Office and for any neglect or fault therein Justices may punish them by Indictment or otherwise as in other like cases of neglect or contempt of them Note Most of these Things especially those which are common Nusances as corrupting the Air Water or Victuals by Filth or Carkasses c. stopping of the way and passage Deceit in Weights Measures c. Counterfeiting of Wares and the like the Constables c. are to present at Leets and give Information of the Offenders to the intent they may be punished as the Law requires See Bacon's Cases p. 28. ☞ Ninthly You shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace and others who have Authority in this County First observe That it s said a Justice of How the Constables ought to execute the Justices Warrants Peace may direct his Warrant to the Sheriff Bayliff Constable Headburrough Tithingman or any other Officer or any other indifferent Person by Name though he be no Officer See Dalt fo 332. 14 H. 8. 16. But some Acts of Parliament limit the Officers to whom he shall direct his Warrant c. Secondly Note That generally where a When a Justice makes his Warrant beyond his Power c. Justice of Peace hath Jurisdiction and Authority in the matter though he make his Warrant something beyond his power yet is not the Constable c. to dispute it but must Execute it and he shall be Excused as for Example If the Justice make a Warrant to arrest a Man for the Peace or good Behaviour c. and there is no cause for it yet the Officer shall not be punished for Executing the Warrant But it is otherwise where a Justice of Peace makes his Warrant for something to be done out of the Jurisdiction of the Justice or wherein he is no Judge and here the Officer may be punished if he Execute it and therefore may very well disobey it And it behoves an Officer at his Peril to take notice of the Authority and Jurisdiction of the Justice Dalt fo 334. Lamb. 67 94. Cromp. 74. 14 H. 8. 16. 10 Co. fo 76. Neither ought an Officer to obey a Notorious mistakes in a Warrant Warrant that has apparent and notorious mistakes in it as if it command him to levy of a Man 5 l. because he was Tipling in an Ale-House or had Sworn an Oath or the like where the Penalty amounts not to a tenth part or if it requires the Constable to do something not within his Precincts But otherwise where it is regular The Officer to whom such Warrant is directed ought with all speed and secrecy to Execute it Dalton fo 332. And Note a sworn Officer as a Constable Constable not obliged to shew his
Warrant c. needs not to shew his Warrant to any man when he comes to serve it upon him although he require it yet he ought to acquaint the Person with the Contents thereof and such as is no sworn Officer ought to shew his Warrant on Demand otherwise the Party may chuse whether he will obey it Dalt fo 332. Bro. Faux Impr. 23. 6. Co. 54. 9 Co 68. But 't is said That if the Officer say to Officer gives sufficient notice by these words I arrest you c. Party I arrest you in the Kings Name c. That is a sufficient notice what he is and in such case though the Party knoweth he is no sworn Officer he ought at his Peril to obey him and if the other hath no lawful Warrant the Party grieved may bring an Action of false Imprisonment against him Dult fo 333. 9 Co. fo 69. If a Constable or other Officer arrest a Constable makes an arrest first and then procures a Warrant man before he has his Warrant though afterwards he procure one to arrest the party for the same cause yet is it a wrongful arrest and the Officer is subject to an action of false Imprisonment Dalt 333. Lamb. 93. Dyer 244. If a Constable c. after he hath arrested Constable takes the Offenders word for his appearance the party by virtue of his Warrant le ts him at Liberty upon his promise that he will come again at another day and go with him to the Justice and if the party comes not at the day appointed The Constable in this case cannot take him again upon the same Warrant because he went at Liberty by his consent but if he had escaped of his own wrong without the consent of the Officer in such case it s said the Officer may make fresh Suit and take Fresh Suit him again and though he run out of sight or fly into another Town or County he may bring him back before the Justice that granted the Warrant on which he first arrested him Dalton fo 333 340. Cromp. 148 172 173 214. Vid. antea concerning Escapes It s said That if there be two or three 3 Persons of one Name and the wrong man is arrested Quaere of this Constable takes the Offender whose name was mistaken in the Warrant Persons known by the Name of A. B. of C. Gent. and a Warrant is granted against one of them wherein the wrong Person is arrested in such case false Imprisonment will not lye Dalt 333. 11 H. 4. fo 90. 5 E. 4. fo 51. But where a Warrant is granted against A. B. Son of E. B. and the Officer takes A. B. Son of J. B. who in truth is the right Person that offended and was complained of yet the arrest is wrongful and the Officer lyable to an action of false Imprisonment Dalton 333. 10 E. 4. 1. Bro. 38. It has been held That a Justice of Peace Warrant against a Felon cannot make a Warrant to arrest a Felon unless he be first Indicted of Felony or that the Justice himself hath a suspicion of the Felon But yet if the Constable or other Officer do execute the Warrant he may justify it though there was Error in the Justice 14 H. 8. 16. Bro. Peace 6 Faux Imp. 8. Dalt fo 331. Note it is said before That a Constable Nota. Ex Officio may upon suspicion or information arrest a Felon Yet it s said that common Fame and One arrested for Felony and none done Voyce is not sufficient cause to arrest a man for Felony unless a Felony be done indeed But where a Hue and Cry either by the Common Law or Statute is Levyed upon a Person the arrest of him is lawful though the Hue and Cry be feigned And Hue and Cry feigned if it be feigned he that Levies the same may be arrested fined and Imprisoned 29 E. 3. 9. 38 E. 3. 6. 3d part Co. Inst fo 118. 21 H. 7. 28. Note That a Constable or other Officer Where the Constable may break open the House upon a Justices Warrant for Treason Felony and the like or in any other case where the King is a Party may by vertue of the Warrant break open any House to arrest the Offender having first signifyed the cause of his coming and required them to open the Doors 5 Co. fo 9. Cromp. 171. Dalt fo 204 205 333. Note also That if any Person shall abuse Punishment of such as abuse the Justices Warrant the Justice of Peace his Warrant either by throwing it into the Dirt treading it under Feet burning it or the like Such person for such his Contempt may be bound to his good Behaviour and may also be Indicted and fined for the same for it is the Kings Process Cromp. 149. Dalt fo 334. Note also upon a General Warrant Before what Justice the Offender must be carried The Constable may chuse his Justice but where the Warrant runs only to bring the Party before the Justice granting it Then the Constable must carry him before that Justice and not elsewhere Lastly Observe That a Person committed Offenders committed to Gaol must bear their own Charges to Gaol ought to bear his own charges to be levyed of his Goods and Chattels by a Justices Warrant for that purpose but if he have not Goods then the Parish where he was apprehended is to bear the charge of conveying him by an indifferent Assesment by the Constable and Church-Wardens and two or more of the Inhabitants allowed of by a Justice of Peace And the Gaoler is bound to receive the Prisoner freely without taking any thing of the Officer that brings him See Stat. 3. Jac. 1. Chap. 10. ☞ Tenthly You shall well and truly according to your Knowledge Power and Ability do and execute all other Things belonging to the Office of a Constable so long as you shall continue in the said Office This is the last Branch of the Constable's Oath and extends to all other things belonging to his Office Therefore I shall next endeavour to set them down in order for your Instruction CHAP. III. The Constables Office about Seizing Arms c. THe Lieutenants of the Militia or Constables to seize the Ayms of such as the Lieutenants of the Militia judge dangerous two or more of their Deputies may by Warrant employ Persons of which a Commission-Officer and a Constable or his Deputy or the Tythingman or in their absence some other Officer of the Parish shall be two to search for and seize Arms in the Custody of such as the said Lieutenants or any two of their Deputies judge Dangerous and to secure them and give account thereof to the said Lieutenants c. 13 14 Car. 2. ca. 3. No Search to be made between Sun setting When the Search must be made and Sun-rising other than in Cities and their Suburbs Towns Corporate Market Towns and Houses within
December 1690 shall offer to sell Hay of less weight shall forfeit for each Truss 18 d. The Conviction of these Offences to be Constables c to levy the Penalties of these Offences either by the View of one Justice Confession of the Party or one Witness upon Oath The Penalties of all the said Offences to be levied by distress and sale by the Constables or Headburroughs upon Warrant under Hand and Seal of one Justice rendring Overplus In default of Distress or Payment within Imprisonment for lack of Distress six Days after demand or notice left by the Constable c. at the Offenders House Offender is to be committed to the Common Gaol by Warrant from one Justice to remain until payment The Forfeitures to be disposed one Forfeitures how to be disposed moiety to the Overseers for the Relief of the Poor of the Parish where the Offence is committed the other to him or them that shall discover and prosecute for the same in case the conviction be by discovery and prosecution But if by View of the Justice c. then the whole to the Poor unless and if for a default of Payment then one moiety to be towards the repairing and cleansing the Streets to be paid to the Scavengers And note by this Act The Wheels of Penalties on such as make the Wheels of their Carts contrary to the Statute Carts Carrs and Drays used for Carriage from place to place in the Cities of London and Westminster and Parishes aforesaid where the Streets are Paved shall contain six Inches in the Felley in breadth without any Iron-work and to be drawn only by two Horses after they are up the Hills from the Water-side upon penalty of 40 s. every time to be levied as aforesaid But this Act not to extend to Country Carts or Wagons bringing Goods to the Cities or Places aforesaid or that shall carry any Goods half a mile beyond the Paved Streets of the said Cities and Places And note further That no Person in Forfeitures on Hog-Keepers in London Westminster c. The Swine c. forfeited Constables c. may search and seize such Swine London Westminster Southwark or the Parishes aforesaid shall breed feed or keep any sort or manner of Swine within any part of the Houses or Backsides of the Paved Streets where the Houses are contiguous upon pain of forfeiting them to the Churchwardens and Overseers of the Poor of the Parish for the use of the Poor The Constable Churchwardens Chapelwardens Overseers Beadles Headburroughs or Tithingmen of the respective Parishes c. or any of them may by Warrant from the Mayor of London or any other of their Majesties Justices of the Places respectively search to find such Swine and to seize and sell them and to deliver the Mony to the Churchwardens or Overseers to be distributed to the Poor as they shall think fit And for cleansing and keeping clean the London Streets how to be cleansed and kept Streets Lanes and Passages of London and the Liberties thereof It is Enacted That the same shall be ordered and managed and Rates and Impositions laid and levied and all other ways and means used and observed according to the ancient usage and custom of the said City The Lord Mayor or any Alderman of Nusances there presented the City upon his own proper knowledge and view may present in open General Sessions the laying of any Ashes Soil Dust or Rubbish or other nusance or obstruction in the Streets Lanes or Passages And the Lord Mayor and Justices at the Sessions may thereupon immediately assess Fines not exceeding 20 s. for any one Offence and the Fines shall be levied and paid to Fines assessed and levied the Chamberlain of the City for the use of the City to be employed in the publick Payments of the same City And such as shall be Prosecuted for acting General Issue pleaded and Acts given in Evidence by virtue of this Statute or the Statute made 23 Car. 2. for the better Paving and Cleansing the Streets and Sewers in and about the City of London may plead the General Issue and give the said Acts or either of them in Evidence 2 W. M. Four Justices are authorized to allow a Tax for Repair of Bridges in the High-ways Tax for Repair of any decay'd Bridges in the High-way which must be assessed by the Constable and two of the sufficientest Inhabitants in the Parish But this is where a Common Bridge in the Kings Highway is in decay and that it cannot be proved who nor what Lands are chargeable to the Repairing thereof Stat. 22 H. 8. cap. 5. CHAP. XIV About Horses COnstables have something to do in Constables to measure Stoned-Horses assisting such as seize for any Man may seize Stoned-Horses of lesser statute than is allowed by the Statute and to measure the same viz. any Stoned-Horse being Two years old and not Fifteen Hands high from the lower part of the Hoof to the upper part of the Wither on pain of 40 s. between the King and Prosecutor such Horses being put to feed upon Forests or Commons Except Commons where Mares are not usually kept Stat. 32 H. 8. 13. 8. Eliz. cap. 8. But if such Horses make an Escape into a Common he is not to be questioned Fen-Grounds of the Isle of Ely and of the Counties of Cambridge Huntingdon Northampton Lincoln Norfolk or Suffolk are excepted and there the Horses need be but 13 Hands high Ibid. Constables also are to assist at Michaelmass And to assist at the Driving of Forests or within 15 days after to drive Forests and Common Grounds on pain of 40 s. And they may also drive them at any other time and so may the Keepers and Owners of the Ground 32 H. 8. 13. This Act extends not to Cornwall CHAP. XV. About Hunters and Hunting-Dogs c. COnstables c. upon a Warrant under Constables to search for Dogs Nets Snares and Engins the Hands and Seals of two or more Justices of the Peace have Power to search the Houses of Persons suspected and not qualified to keep Setting-Dogs or Nets Snares and Engins to take Pheasants or Partridges c. and may take away their Dogs and cut their Nets c. Stat. 7 Jac. cap. 11. 22 23 Car. 2. cap. 25. Also to levy upon a Warrant from a Justice by distress the Forfeiture of such as course kill hurt or take away Deer Conies c. in Parks Warrens or other Grounds where they are kept 13 Car. 2. cap. 10. 22 23 Car. 2. cap. 5. See Wingate's Abridment Tit. Hunters and Hunting CHAP. XVI About Malt. COnstables and Bayliffs of Towns Constables to view and sell Malt badly made ought to view and search the Malt there made or put to sale and if they find any ill or deceitfully made or mingled they may with the Advice of any one Justice of Peace cause the same
to be sold at such Rates as the Justice shall think fit And therefore observe That Malt is When Malt may be said to be badly made said to be ill made and deceitful if in the making thereof it be not in the Fat-floor steeping and drying three Weeks at the least Except in June July or August and then 17 days may serve Also when by Rubbing Treading and Fanning the Makers have not taken out of every Quarter half a Peck of Dust or more for which neglect he forfeits 20 d. a Forfeitures Quarter for every Quarter thereof sold Or if it is made of Mow-burnt or spired Barly or mixed good and bad together for which mixing the Seller forfeits 2 s. for every Quarter thereof sold and these Forfeitures are to be divided betwixt the King and the Prosecutor and the Prosecution must be within one Year But this extends not to such as make Malt for their own provision Stat. 2 Ed. 6. cap. 10. 21 Jac. 1. cap. 28. See Dalton's Just Peace fo 87. CHAP. XVII About Physicians COnstables and other Officers in London Constables to aid the Colledge of Physicians and within seven miles round are to be aiding and assisting to the President of the Colledge of Physicians and all Persons authorized by the said Colledge for the due execution of the Laws and Statutes relating to the said Colledge Stat. 1 M. Parl. 1. Sess 2. cap. 9. 14 H. 8. cap. 5. CHAP. XVIII About the Plague IF the Constable Command any Person Constables to punish such as being Infected go abroad infected with the Plague from which the Lord in mercy deliver us to keep his House and notwithstanding such Person shall wilfully go abroad and converse in Company having any infectious Sore on him it is accounted Felony in such infected Person so to do and tho' he shall have no Sore appear about him he may for his Offence by the Appointment of a Justice of Peace be punished as a Vagabond and also bound to his Good Behaviour for a Year Also the Constable or other Officer To levy Monies for the Relief of the Poor Infected which wilfully neglects to levy the Tar as shall be appointed by the Justices or Head Officers for the Relief of the Poor infected with the Plague forfeits for every Offence Ten shillings Stat. 1. Jac. 1. cap. 31. CHAP. XIX About Quarter-Monies for Maimed Souldiers c. COnstables and Churchwardens are Constables to levy Monies for Relief of poor Maimed Soulders to levy by distress and sale all Monies rated on any Person within their respective Limits for the Relief of poor maimed Souldiers and Mariners and are to pay it to the High Constables upon the forfeiture of 20 s. Quartering Souldiers NOte That Constables Headburroughs Souldiers how to be Quarter'd and other Chief Officers of Towns and Villages within England Wales and Berwick and no others are to Quarter and Billet Officers and Souldiers in Their Majesties Service in Inns Livery-Stables Ale-houses Victualing-houses and all Houses selling Brandy Strong-Waters Cyder or Metheglin by Retail to be drunk in their Houses and no other and in no private Persons whatsoever And if any Constable c. shall Quarter Souldiers upon any private House without consent of the Owner he shall be liable to the parties Action for Damage If any Military Officer shall take upon him to Quarter Souldiers otherwise or abuse the Mayor Constable c. or menace them to discourage them in their Duty by this Act such Military Officer shall be Ipso facto cashierd Note The Conviction by two Witnesses before two Justices of the Peace or more next adjoyning are to pay it to the High Constables upon the forfeiture of 20 s. They are also in the same manner to For Releif of Prisoners levy such Rates as are made for the Relief of the Prisoners in the Kings Bench and Marshalseas and also of Hospitals and Alms-Houses and for Releif of the Poor in their County and this they must likewise pay to the High-Constables on forfeiture of 10 s. Stat. 43 Eliz. cap. 3. See after in the Duty of High Constables Chap. 22. CHAP. XX. About Tobacco THe Acts for preventing Tobacco Tobacco planted c. to be destroyed by the Constables c. Planting being expiring were revived 19. Maii â— Jac. 2. for 7 years and thence to the end of the next Session And by these Acts all Sheriffs Justices Constables c. upon Information that there is any Tobacco set sown or planted or growing within their Precincts are within 10 days to cause the same to be Burnt Pluckt up or destroyed except it be in a Physick-Garden or in Exceptions other private Garden and not exceeding one half of a Pole in any one place or Garden 12 Car. 2. cap. 34. Persons resisting the Officers forfeit Forfeitures and commitment 5 l. and may be committed till they enter into Recognizance with Sureties not to do the like again Ibidem Stat. 15 Car. 2. cap. 7. The Constables are also upon Warrant Presentment and Conviction to search and present at the next Quarter Sessions the said Offence of sowing planting or making Tobacco and their presentment shall be a Conviction except the party Traverse the same Stat. 22 23 Car. 2. cap. 26. And by this last Stat. Constables Tythingmen Constables forfeiture c. are within 14 days after Warrant from two Justices to destroy all Tobacco planted or growing in any Ground upon forfeiture of 5 s. for every Rod unconsumed and so proportionably betwixt the King and Prosecutor Persons Resisting shall forfeit 5 l. to Forfeitures of persons Resisting be levyed by Distress and Sale or be committed for three Months and such as refuse to assist the Constable upon Conviction before two Justices forfeits 5 s. or to be committed for a Week 22 23 Car. 2. Cap. 26. Physick Gardens and Gardens for Chyrurgery Exceptiens are excepted The Officers and Assistants being sued hereupon may plead the General Issue and give the special matter in Evidence Ibidem CHAP. XXI About Weights and Measures IN every City Burrough and Market Where common weights c. ought to be kept Town there ought to be common Weights and Measures sealed at which the Inhabitants may freely weigh and the chief Officers of such places whether they be Constables Bayliffs c. are upon request to mark and sign such Weights and Measures to any of the Kings Subjects taking for the marking of every Weights to be marked Bushel one Penny Stat. 8. H. 6. ca. 5. Stat. 11. H. 7. cap. 4. And Constables are required to search Constables to search for seize and break unlawful Measures and examine if any buy or sell by any other Bushel than Winchester measure which contains 8 Gallons to the Bushel or Strike and sealed by the Clerk of the Market and if any person doth not strike the same even with the brim
any Disturbance Disturbing a lawful Settlement be made to any Settlement lawfully Ordered by the Justices either by the Constables refusing to receive and convey a Rogue where they ought to do it Or by the Churchwardens and Overseers of the Poor in refusing such a one as is duly sent to be setled there In such case they forfeit Forfeiture 5 l. by Stat. 29 Eliz. cap. 4. A. lives in a House at B. with his Children Lives in one Town Works in another but works in C. being hired there by the Year In this case its said his Children are setled in B. and not in C. in case of A's Death If a Woman unmarried be hired in one Child got in one place born in another Parish and there got with Child and then goes into another Parish and is there setled in Service or otherwise for two or three Months and then is found with Child and Deliver'd In this Case It s said she and her Child shall be setled in this Parish where she is and not be sent to the Parish where the Child was begotten Resol Judic Sect. 12. Concerning Bastard Children OBserve further That the two next Justices Punishing the Mother of a Bastard-Child c. may take order as well for the Punishment of the Mother of a Bastard-Child as also to compel her and the reputed Father to save the Parish harmless by allowing Mony weekly and may Imprison him or her if that Order be not performed The Justice also to discover the truth of the Matter may examin the Mother upon her Oath concerning the Father of the Child Dalt fo 37 38. 18 Eliz cap. 3. 7 Jac. cap. 4. If a Woman be Deliver'd of a Bastard-Child Bastard born in one Parish and carried into another in one Parish and then goes into another Parish with her Child In this Case the Child after it is Nursed is to be sent to and setled in the place where it was born and not to remain with the Mother Resol Judic Sect. 21. If A. have a Bastard-Child by B. born Bastard-Child kept 10 years with the reputed Father how to be setled after the Fathers death in D. and the reputed Father marries another Woman and they breed the Child 10 years in the Parish of S. the Mother of the Child being a single Woman and in Service all this while and then the reputed Father dies In this Case its said the Child is to be sent to the Mother first to be maintained by her if she be able and if not it must be kept by the Parish of S. where it was setled 10 years with the Father 2 Bulstr 350. Concerning the Putting forth and Binding Apprentices FOr the doing of this It must be observed What poor Children may be put out Apprentices First That they are to be such Peoples Children whose Parents are unable to maintain them and to be done with the consent of two Justices Stat. 7. Jac. cap. 3. Secondly That the Children so put forth Of what Age they ought to be and how long to be bound ought to be above seven and under fifteen years of Age when they are first bound and they may bind the Man-child till 24 years of Age and the Woman child till 21 years of Age or that she shall be married which shall first happen 43 El. 2. Dalton fo 83. Thirdly These Officers may with the What persons may be compell'd to take such Apprentices help of the Justices compel any man whom they think fit within the Parish to take a Poor mans Child with Mony or without as they see occasion Resol Jud. Q. 1. And if the Master and Officers cannot agree the Justices thereabouts or in their defaults the Sessions must end the Matter Dalt fo 95. Res Jud. Quest 2. Fourthly They may put them to Weavers Tradesmen Husbandmen Houswives Gentlemen c. Masons Dyers Fullers or any other Trade as well as to Husbandry or Housewifery And if all Men that have or may have use for Servants whether Knights Clergymen Gentlemen Yeomen or Tradesmen are bound to take Apprentices And if they be Rich though they Table themselves and alledge that they have no occasion for Servants yet they may be forced either to take them or give Mony towards the Placing of them with others And if they refuse to pay the Sum imposed upon them two Justices of Peace may make Warrants to levy the same by distress and Distress sale of the Offenders Goods Or they may Present and Indict such as refuse to take Indictment such Apprentices at the Assizes or Sessions of the Peace Stat. 43 Eliz. cap. 2. Dalton fo 83 95. Res Jud. Quest 4. So may the Parents of the Children be The Parent of the Children Indicted Indicted if they not being able to bring them up honestly refuse to part with them or if they shall entice their Children away after they are bound Dalton Just P. fo 78 96. If the Children shall refuse to go to be The Children sent to the House of Correction To be bound by Indenture and how Apprentices when ordered the Justices may send them to the House of Correction till they shall be content to be bound Dalt ut supra Note these Apprentices must be bound by Indenture the Indenture to be made between the Justices Churchwardens and Overseers of the Poor and the Apprentice of the one part and the Party that takes the Apprentice on the other part Or it may be said to be with the consent of the Justices The Form whereof is as followeth THis Indenture made the First Day of The Form of the Indenture December in the Third year of the Reign of our Sovereign Lord and Lady William and Mary by the Grace of GOD of England Scotland France and Ireland King and Queen Defenders of the Faith c. Annoque Domini 1691. Witnesseth That A. B. and C. D. Overseers of the Poor of the Parish of St Giles's in the Fields in the County of Middlesex and E. F. and G. H. Churchwardens of the same Parish by and with the Consent of J. K. and L. M. Esquires two of Their Justices of Peace for the same County have placed and by these presents do Place and Bind N. O. being a poor * Or you may say Son or Daughter of such an one unable by reason of his Age and great Charge to bring up and maintain his or her said Son or Daughter as the case is Fatherless Child as an Apprentice with P. Q. of the said Parish of St. Giles's in the Fields Taylor and as an Apprentice with him the said P. Q to dwell from the Day of the Date of these presents until he the said N. O. shall attain the Age of 24 †If it be a Girl you may bind her to 21 or Day of Marriage and a Boy may be bound to 24. Years according to the Statute in that
case made and provided By and during all which time and term the said N. O. shall and will faithfully serve the said P. Q. his Master in all his lawful Business according to his power wit and ability and honestly and obediently in all things shall behave himself toward the said P. Q. his Wife Children and Family And the said P. Q. for his part promiseth Covenanteth and agreeth That he the said P. Q. the said N. O. in the Art Skill and Mysteâ—… of a Taylor ‖ Or in the Art and and Skill of Husbandry or Housewifery as the case is shall teach and instruct or cause to be taught and instructed the best way and manner that he can according to his knowledge and also to find and allow unto his said Apprentice sufficient Meat Drink Washing Lodging Linnen Wollen Shoes Stockings and all other things meet and necessary for such an Apprentice during all the said Term. In Witness whereof the said Parties to these presents have to the same interchangably set their Hands and Seals the Day and Year first above written Let the Churchwardens Overseers and Apprentice seal and deliver one part to the Master And let the Master seal the other part to them And it may be the better to get the two Justices to signifie their Consent by Indorsment on the Backside of the Indentures Note that Mayors Bayliffs or other Head Officers of Corporate Towns have in their several Precincts like Authority as the Justices of Peace have in the Counties for all the uses and purposes in this Act And the like hath every Alderman of every Ward in the City of London Stat. 43 Eliz. cap. 2. Note this Placing of Apprentices may be to any Man or single Woman or Widdow whom the Officers and Justices think fit to receive them either to learn a Trade or Husbandry or Housewifery And note That all such as are bound Such Indentures are safe to the Overseers c. as aforesaid may safely be received and kept as Apprentices by their Masters or Mistresses to whom they were so bound 1 Jac. 1 cap. 25. 21 Jac. 1. cap. 28. 3 Car. 1. cap. 4. By the Stat. 7 Jac. 1. cap. 3. Mony given How Mony given to put out poor Children shall be employ'd to put out poor Children Apprentices is to be employed by the Corporation or Parson Constables Churchwardens and Overseers accordingly on pain that every of them forfeit five Marks And the Person that takes Mony with such Apprentice shall give Bond to repay it at seven Years end or within three Months after Or if the Apprentice dies Apprentice dye in the mean time then within one year after his death and the like of the death of the Master Mistress Master dies or Dame so as the Mony may be employed for putting out others If a Master c. shall put his Apprentice Master may not take away his Apparel How an Apprentice may be discharged from his Master Overseers to be assisting to other Officers into Apparel he cannot take it away from him though he should afterwards part with his Apprentice Bro. Tresp 93. And note that An Apprentice cannot be discharged from his Apprenticeship but by four Justices at the least in open Sessions by Agreement in Writing under his Masters hand Dalt Just P. fo 79. You may perceive by what has been said before that these Officers are to be assisting in some cases to Constables as for Irish Cattle c. which is left to you observation in reading this Treatise The Overseers are to receive for the Fines and Forfeitures to be received by them Poors use the Fines laid upon such as with Nets Snares or Engins take and kill Fish Conies c. unlawfully without the Owners consent Stat. 22 23 Car. 2. cap. 25. Also a Third part of such as Travel with above five Horses in length See the next Chapter vide Antea Chapter for High-Ways By the Stat. 30 Car. 2. cap. 3. upon the Forfeiture for not Burying in Woolen Ministers Notice to the Churchwardens or Overseers of the Poor under his Hand That no Affidavit is brought to him according to the Statute for Burying in Woolen they are within eight Days after to repair to the Chief Magistrate of any Town where the Deceased was Buried else to a Justice of Peace who upon the Ministers Certificate are to grant a Warrant to levy the Forfeiture viz. 5 l. by distress and sale of the Goods of the Party deceased or in default thereof of the persons Goods in whose House the Party died or the Goods of any that had a hand in putting the Party deceased into any Shroud or Cossin made or lined c. with any thing but Sheeps Wool contrary to this Act or that ordered the same And if such person were a Servant and died in the Masters Family the Masters Goods to be liable And if such person died in the Family of his Parents then the Parents Goods to be liable One part of this Forfeiture to the Poor of the Parish the other to him that will sue for the same Note no Penalty shall be incurr'd where the Party died of the Plague If a Justice be not in the Parish where the Party shall be Interr'd the Affidavit may be administred by any Parson Vicar or Curate in the same County other than of the Parish or Chapel of Ease where the Party is Interr'd and they are to attest the same under their hands gratis Stat. 32 Car. 2. cap. 1. Officers neglecting their Duty by this Forfeitures of Officers Act forfeit 5 l. for every Offence to be recovered by Action brought within six Months after the Offence One fourth part to the King two to the Poor of the Parish and one fourth to the Informer 30 Car. 2. cap. 3. These Officers within four Days after Overseers to Account their Year ended and others chosen are to make a true Account to two Justices of what Monies they have Received and Disbursed what Wares they have in their hands or in the hands of any of the Poor what Prentices they have put out c. 43 Eliz. 2. Dalton fo 96. And they are also to give an Account at their Sessions or to any two Justices at their monthly Meetings of the Name and Quality of every person Interr'd since their former Account and of the Certificates and Account of Certificates and Burials c. their levying Penalties and of the disposal thereof on pain of 5 l. to be levied by distress and sale and their Accounts shall not be allowed till they have accounted for the Burials 30 Car. 2. 3. Upon their last Accounting what is remaining To pay over the Remainder Commitment they shall pay over to the New Overseers if they refuse to account the Justices may send them to Gaol and if after they have accounted they refuse or fail to pay over the Mony in their hands to their Successors
recovered by Action of Debt Stat. 5 Eliz. cap. 13. They may also by this Statute turn a Water-course Water-course hurtful to the Highway into any mans Ditch Owners of Grounds adjoyning to the Forfeitures on such as Trim not their Hedges Highways not keeping their Hedges low and cutting down Trees and Bushes growing over the same forfeit 10 s. Also they that scour not their Ditches next adjoyning to the Ground that is next the Highway to the end the Water may have the better Passage out of the Highway shall forfeit 12 d. for every Rod Stat. 18 Eliz. cap. 10. If any person scours his Ditch and Scourings thrown into the High-way throws the Scourings into the Highway and suffers it to lye there 6 Months forfeits 12 d. for every Load 18 Elix 10. These Forfeitures upon Stat. 18 Eliz. 10. Forfeitures how to be levied to be levied by the Surveyors by distress and sale and in their default not to do it within a Year then the Constables and Church-wardens by Warrant may do it If the Surveyors neglect to present the Forfeiture for not presenting Offences against Stat. 2 3 P. M. c. 8. 5 Eliz. c. 13. within one Month after they shall be committed forfeit 40 s. By the Stat. 22 Car. 2. 12. they are to Return of Defaulters return the Defaulters within a Month after every default to some Justice of Peace who shall present the same at the next Quarter Sessions By the same Stat. 22 Car. 2. cap. 12. no Forfeitures of such as Travel with above 5 Horses in length Carriage with any burthen other than such as are employed about Husbandry and in carrying Hay Straw Corn unthresh'd Coal Chalk Timber for Shipping Materials for Building Stones or Ammunition or Artillery for the Kings Service shall go in any Highway with above 5 Horses in length And if any draw with more Horses or Oxen they shall all draw in pairs except one Horse Owners of Carriages or Beasts One Third to the Surveyors offending shall forfeit 40 s. for every Offence one Third to the Surveyors of the Highways in the Town c. where committed for the Repair of them another Third to the Overseers of the Poor of the Overseers Third Discoverers Third Parish where c. another Third to him that shall discover the same to be imposed and levied as the Penalties imposed by this Act on Constables and Surveyors for neglecting to put the Laws in execution That is to say Every Constable or Surveyor of the Fiue upon Surveyors c. for neglecting their Office Highways neglecting to put the Acts touching Repairing c. Highways in execution or wilfully suffering any Wagons or Carts to pass in any other manner than by this Act is allowed shall upon Complaint to a Justice of Peace by the Oath of one Witness or View of the Justice himself be convicted and incur such Fine as the Justice shall impose not exceeding 40 s. to be levied by the High-Constable or other Officer by Warrant under Hand and Seal of such Justice to be employed for the mending the Highways of the Parish or place where such neglect shall be 22 Car. 2. cap. 12. Lastly observe That two Justices of Surveyors Accounts c. Peace by the Stat. 18 Eliz. may take the Accounts of the Surveyors of the Ways and the petty Constables and Church-wardens for such Forfeitures within that Statute as they have levied Stat. 18 Eliz. 40. Dalton Just P. fo 71. AN APPENDIX HAving spoken briefly in the IVth Chapter of the Constables Duty in executing the Justices Warrant and how the Officer is bound at his peril to take notice of the Authority and Jurisdiction of the Justices I will here set down as an Appendix to the former some further Rules and Precedents touching the nature and effect of Warrants which may be of good use to our several Officers for whom this Treatise is intended A Warrant or rather Summons for making a New Constable c. to be Sworn before the Justices of the Peace This Summons is directed to the Person Elected or intended to be Elected thus To our Loving Friend A. B. of C Yeoman THese are to require you to make your repair to us or some other Justice of the Peace of this County to take the Oath of a Constable or Tithingman to serve within your Town of C. you being Chosen and Ordered by the Leet of your Town to undertake the same Office And herein fail you not as you will answer the contrary c. Or thus WHereas A. B. of your Town the New Constable thereof is by reason of his Age and Impotency very unable and insufficient to execute the said Place These are to require you whose Names are hareunder written to be before me at my House at C. to Morrow or such other time as is convenient by Ten of the Clock in the Morning that I may make Choice of one of you to be Sworn to undertake the said Office And hereof c. Dated c. Note this Swearing of Constables c. by the Justices is only in case of necessity and when 't is long to the Quarter-Sessions or Leet And though it may not be necessary for Concerning Hand and Seal to a Warrant the Justices to put their Seals to these Summons which are directed to the Parties themselves not obliging them to act upon any other person or thing Yet Note that there is a necessity that the Justice of Peace do subscribe his Name to his Warrant commanding an Officer to act upon some other person or thing Tho' to put his Seal in every case is not required for in a Warrant of the Peace or Good Behaviour it is thought not to be needful nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But where the Law says that he may or shall do it by Warrant under his Hand and Seal there it must be under his Hand and Seal or it is not good And it is now usual and most safe for a Justice to put his Seal to every Warrant after this manner And hereof fail you not at your perils Given under our Hands and Seals or Day and Year of making the Warrant my Hand and Seal as the case may be this first Day of January in the Third Year of the Reign of King William and Queen Mary Annoque Dom. 1692. Or thus Sealed with our Seals or Sealed with my Seal and Dated the first Day of January in the Third year c. Annoque Dom. 1692. Note That if the Warrant express the place where it was made as Dated at D. and given under my Hand c. though it was not really Dated there yet the Warrant is good and shall be taken to be dated where the Warrant doth say it was dated The Rules that have been observed to the compleating a Justices Warrant