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
be by men of discretion Numb 2 able bodies and sufficiently armed 3. It Watch Ward Kitch 47. 48. 49. must be by turn or by the house according to the custome of the place 4. The Constable ex officio is to order it and he may enlarge it as there is occasion but he cannot change the course of it at his pleasure and make some Watch and excuse others 5. If any neglect or refuse to doe his duty the Constable may present this default at the Assizes or Sessions or complain of it to a Justice of Peace And some hold the Constable may put him in the Stocks for his contempt 6. This Watch is from Assention to Michaelmas and must be from Sun to Sun And the Warding then in congruity of reason must be the rest of the twenty and four hours day 7. These Watch and Wardmen are to pose all men to arrest and secure till morning Rogues and others suspicious and them to bring to a Justice of Peace to be examined Or if they will they Dalt J. P. 60. Winch. 13 Ed. 1. 4. 5 Ed. 3. 14. Hue and Cry may deliver them to the Constable who must take care of them And if any resist them and goe away they may send Hue and Cry after them and upon this any man may arrest them 8. For default of this Watch and Ward the Township may be punished So that all that the Constable hath to doe in this case is to appoint it in an orderly way who when and how it shall be done and to see it be done and if it be neglected to complain of it and get it punished The Watch-men thus appointed may have from the Constable these or the like instructions viz. To keep the Peace amongst themselves to Watchmans charge continue their Watch diligently untill the Sun rising without noyse disturbance of the Inhabitants That they abide and frequent the common passages but so as they have regard also to all other places That they examine all such persons as they shall see stirring or shall passe by them what they be and whence they come whether they goe and the reason of their late travell or being abroad and if cause of suspicion be found in them to stay them if they obey not but resist to constrain them by force and to beat them if it cannot be avoyed for resisting the Peace of the Nation if they be too strong or fly them to levy Hue and Cry for the apprehending of them and to set them in the Stocks untill the morning and then to have them before some Justice of Peace to be dealt withall according to Justice To resort to such places where they behold any Candle or fire-light to know the cause or where they here any noyse of People especially in Taverns Innes and Ale-houses and finding any there to admonish them to depart and refusing to compell them as aforesaid And if any unknown Person hors-man or foot-man shall pass by them or that shall drive any Cattel Horse or the like or that shall carry any burthen on Hors-back Cart or otherwise to stay them till the morning to justifie themselves unless they can render good account both of themselves their company and carriage And if any Post come by them to know what number they have lest Offenders also pass under that pretence And the Constables are also to be aiding and assisting to these Watchmen upon all occasions 3. In an action of Trespass of an assult and Numb 3 battery the Defendant pleaded that there were Night-walkers divers Felonies committed in those parts where he dwelt and he being watching in his house came into the high-street where the Plantiff was at eleven of the clock in the night and the Defendant came unto him and laid his hands in peaceable manner upon him to see his face and when he perceived he was a true man he left him and departed And this was allowed to be a good justification for by the Statute of Winchester Watchmen may arrest Night-walkers and may appose them from whence they come and what they be Also any other man may arrest Night-walkers because it is for the good of the Common-wealth 4. If any Person whatsoever except the Keepers Numb 4 of the Liberties Servants and Ministers of Against persons that ride armed or make Insurrection 2 Ed. 3. 3. 2 R. 2. 13. Fitz. J. P. 202. Justice in executing Precepts or their Offices or such as shall assist them and except it be in pursuit upon Hue and Cry made to keep the Peace and that in places where Acts against the Peace doe happen shall be so bold as to goe or ride armed by night or by day as to carry any Dags or Pistols or to be apparrelled with privy Coats or Doublets in any Faires Markets or any other place to terrify the people And if any doe so or if any great Assembly Riot or Rumor be made in any outragious manner in nature of an insurrection In the first of these Cases the high-Constable or petty-Constable may and must take their Armer from them and seize it to the Seize Armes Arrest use of the Keepers of the Libertyes and arrest the parties and carry them to a Justice of Peace or as it seems to Gaol there to abide during the pleasure of the Keepers of the Liberties And in the last of these Cases they may and must take with them the power of the Power of the County County and suppress them and arrest the Offendors and carry them to a Justice of Peace or commit them to Prison till they put in Sureties Ayde for their good behaviour 5. And if one man doe threaten to kill another Numb 5 and especially if he lye in wait so to Against him that doth threathen Murder Fitz. Bar 202. 2 Ed. 4. 36. per. Briam 3 H. 4. 9. doe and he who is so threatened doth complain to any one of these Officers being Officers of the place wherein the party threatning is abiding or doth dwell and intreat him to arrest the party to finde Sureties of the Peace In this case the Officer may and must arrest him forthwith to finde Sureties and therefore carry him before a Justice of Peace or being there to get Sureties the Officer may presently carry him to Gaol But some say that this threatning must be in the hearing of the Constable or else that he cannot doe it But if the thing be true it seems in both cases alike And in such Cases the Constable if the party have no Sureties ready may carry him to Gaole of his own Authority 2. As these Officers are to take care to prevent Numb 6 the breach of the Peace before it be To suppress the breach thereof in case of Affrayors Fitz. J. P. 130. Lamb. J. P. 173. Dalt J. P. 28. 29. 22 Ed. 4. 35. 21 H. 7. 21. 13. H. 7 10 So are they to take care to suppress and
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-Sessions or Goal-delivery to answer it in these Cases the Officer must see then that he appear at the next 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
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-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
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
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-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-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-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
more bound there to doe any of the things that doe belong to their office than any Numb 9 other man is Ninthly that in case of pursuit Ayde Broo. Ry. 3. Tresp 431. 3 H. 7. 10. 13 H. 7. 10. 38 Ed. 3. 8. Dalt J. P. 303. and apprehension of Fellons and carrying them to Gaole in case of suppressing Insurections allaying of Affrayes keeping of the Peace execution of the Warrants of Justices of the Peace and the like any of these Officers when need shall be may require the ayde and assistance of so many of his Neighbours or others of all sorts of able men above fifteen years of age as he shall think meet and so also he may doe in case where a man is hurt and dangerously wounded for the apprehending and arresting of him that gave the wound and so also he may doe when a Warrant is sent unto him for the apprehending of a popish Recusant by speciall provision of the Statute of 3 Jac. cap. 4. And if any such person being required by any of these Officers in any such case shall refuse or neglect to aide them he may be fined and imprisoned for it at the Quarter Sessions Tenthly these Officers if they cannot otherwise Numb 10 get in may justifie the breaking open of Breaking of a house Coo. 5. 92. Dalt J. P. 176. 177. 13 Ed. 4. 9. 3. Jac. 4. any mans house in these Cases following viz. to search after or arrest any Person for Treason or Felony or suspicion thereof that is or is thought to be in the House to take a man that hath dangerously hurt another and is fled into the House to appease an affray that is in the House to apprehend a Popish Recusant upon a Warrant to break open the house and upon a Warrant for the Peace or good Behaviour by the opinion of Popham and Clerk Judges of Assise at Cambridge And so generally in all cases wherein the Keepers of the Liberty are Party or where they have any Interest in the business And yet it seems in case of a Warrant to apprehend an Alehouse-keeper for selling without licence and to carry him to Bridewell upon the second Conviction it was doubted by the Judges in their Resol 1633. Sect. 11. But in all these cases the Officer Numb 11 before he doth break open the house Fresh pursuit Pl. 37. Dalt J. Peace 23. Arrest out of the Officers precinct To what Gaol a Prisoner may be carried must signifie the cause of his comming and require them to open the dores Eleventhly where an Officer hath power to arrest a man and being coming to doe it the party doth flye into another County or Hundred in this case the Officer may presently pursue him whithersoever he shall so flie and arrest him there albeit it be in another Hundred or County out of his own Precinct Twelfthly if a man commit a Fellony in one County and be arrested Numb 12 in another County for the same by the fresh Daltons J. P. 297. 298. pursuit of the Officer or some other pursuing him thither in this case the Prisoner must be carried to the Gaole of the County where he is taken and not to the Gaole of the other County And if a Constable be coming to arrest Affrayors and they fly into another County and he pursue and take them there in this case he must bring them before a Justice of Peace of the same County where they are taken where the Officer can doe no more than a private man But if the flight be only into a priviledged or other place in the same County in this case the Officer may in his fresh pursuit thither take him and diâ—pose of him as an Officer and as if he took him within the limits of his own Parish And if a Constable arrest a man upon a Warrant from a Justice of Peace and after the arrest the party of his own wrong getteth away and flyeth into another County in this case the Officer may pursue him and take him there and bring him back to the same Justice of Peace from whom the Warrant came Thirteenthly Nmb. 13 It is dangerous to oppose or hinder Resisting an Officer Coo. 4. 40. 9. 96. Broo. Tres 296. 21 H. 7. 39. Lamb. J. P. 29. 298. Dalt J. P. 297. Murder Trespasse Good behaviour these Officers in the doing and execution of their office For to kill any one of these officers in the doing of his office is wilfull murder and causeth unavoydable death or to beat or wound any such Officer in the doing of his office is a great Trespass to be recompenced with great Dammages And otherwise to abuse any such Officer in the doing of his office is a great Misdemeanour that may cause the offender to be bound to the good Behaviour And if the party that is to be arrested shall make resistance make an assault upon the Officer or labour to get away the Officer may justifie the beating yea and the Beating wounding of him also or he may imprison him in the Stocks for the same But upon a Stocks Warrant of a Justice of Peace for the Peace or good behaviour if the party resist or flye before he be arrested it is said the Officer cannot justifie the beating of him yet if the Officer please he may soon arrest him for if he be a known Officer and doe but say to the Party I arrest you in the name of the Keepers Arrest of the libertie of England albeit he never And so was the opinion of the Lord Keeper the Lord Chief Justice 5. Car. Murder justfiable lay hands upon him this is an Arrest in Law And if a Warrant be sent to any of these Officers to Arrest one Indicted of Fellony he may justifie the killing of the Party if he cannot otherwise take him or being taken if he resist and fly when he is taken Fourteenthly Where any of these Numb 14 Officers hath Arrested a man and hath power Fitz. Cor. 61. 288. 328. When an Officer may imprison a man in another place then the common Prison to imprison him it is held that he may not imprison him in his own house or in any other place but the common prison and the prison also of the same County for he may not carry him to the Gaol of another County except it be in some speciall Case as where one Gaol doth serve for divers Counties or the like and yet upon resonable request as Fitz. Barra 202. 20 E. 4. 6. 10 Ed. 4. 17. 22 Ed. 4. 35. 3 H. 4. 9. Kelw. 45. 11 E. 4. 7. Stocks because it is night or because the Officer doth want strengâ—h enough to carry him to the Goal or to the Justice or because he doth fear a Rescue will be made upon him or the like in these Cases the Officer may put the party in the Stocks and keep him there for a reasonable time viz. untill the morning if
it be at night or untill he can be conveniently provided for strength and ayd to carry him to prison or to the Justice of Peace But some Lamb. J. P. 2. cap. 3. say that an Officer may keep a Prisoner in the Officers own or in another mans house for a time convenient and justifie it whereof others much doubt And therefore the safe way is to keep him in the Stocks or carry Numb 15 him to Prison Fifteenthly If the prisoner How an Officer may use a Prisoner put in the Stocks be taken for Fellony or suspicion of Fellony in this case the Officer may lock the Stocks and if need be he may also put Irons upon the Prisoner And if the Dalt J. P. 300. Officer be to convey him to the Gaol or to the Justice of Peace he may pinion him or otherwise make him sure that he shall not escape Sixteenthly If a private man that is Numb 16 no Officer take another man for Fellony or 10 Ed. 4. 17. Fitz. Office of J. P. 201. suspicion of Fellony within the Precinct of any of these Officers and bring and deliver the Ptisoner to the Officer of the place in this case the Officer is bound to see the Prisoner safely conveyed to the Gaol for if he suffer him to escape he must answer for him Escape And so also it is if there be no Officer in the place where the Fellon is taken and the party carry him and deliver him to the Officer of the next place for it seems this Officer also in this case is bound to look to him at his perill Seventeenthly As touching the execution Numb 17 of the Warrant of Justices of the Peace these How far these Officers are bound to obey the Warrants of the Justice of the Peace 31 H. 8. 9 6. See the Constables Oath Kytch 47. things are to be known 1. In all cases where any Warrant is sent from any Justice of Peace to any of these Officers touching any matter whatsoever concerning the Office of the Justice of Peace it seems he is bound to execute it And therefore it seems that in all cases where any Statute doth enable a Justice of Peace to apprehend any Person to be brought before him or to commit any person to the Gaol as in the cases of those that keep unlawfull Games in their houses or haunt such houses or in the case of men that shoot in or carry Gunns or the like That in all these cases the Justices of Peace are to command these Officers and they are to obey them 2. These Officers must with all respect receive How they must receive and excute the Warrants of the Justices Dalt J. P. 291. the Warrants of the Justice of Peace for if any Warrant be sent from a Justice of Peace to any one of these Officers and he shall shew any neglect or contempt of it as by casting it into the dyrt c. or doe not with all care secrecy and diligence exeecute the same these are misdemeanors punishable and for either of these misdemeanors the party offending may either be bound to the good behavior or be Indicted and fined And by the Statute of 27 H. 8. cap. 5. there is a speciall charge laid upon the officers within the Counties of Wales That they be carefull to execute the Warrants of the Justices of the Peace there 3. Let him then consider what he hath to doe For howsoever this be true that he is not bound to nor may he dispute the authority of the Justice of Peace and whether his Warrant be lawfull or not For if the Justice mistake and goe beyond his authority in the manner of proceeding in a thing wherein for the matter he hath Conusance As if he send a Warrant to him to arrest any man for the Peace or good behaviour without any cause or to take a man for a Fellony when none is done yet in these and such like cases the Officer is bound to execute it and he shall be excused therein But if the thing whereabout the Warrant is be such a matter as is out of the jurisdiction of the Justice of Peace and wherein he is no judg As if he send his Warrant to the Constable to levy of the goods of J. S. 10. l. Debt which he doth owe to him or owe to another and all this appeareth upon the Warrant it self That in this and such like cases it is agreed That the Officer may refuse to execute it and may not without danger obey it And truly to me it seems necessary we distinguish again between things apparent and things concealed and between lesser and more notorious mistakes and it is reasonable to affirm that if the mistake and error of the Justice of Peace be set down in the Warrant and be grosse and notorious As if he send a Warrant to levy of a man 10. l. because he hath sworn an Oath Or send his Warrant to one of these Officers to command him to sell the one half of the Goods of a man convict before him for swearing 6. Oaths when perhaps these Goods may be worth 100. l. or he send a verball Warrant only to one that is absent and out of his presence or send his Warrant to the Constable of the Parish of Dale as Constable of Dale to levy a forfeiture upon an offender for an offence in Sale out of his Precinct or send his Warrant to a Constable to carry J. S. to Gaol because he will not pay him a Debt he doth owe him That in these and such like cases the Constable is not bound to obey him or execute it nor shall he be excused if he doe it But if the Justice of Peace where he hath power to send a man to Prison after ten dayes give Warrant to send him to prison before the ten dayes be out Or if by an Act of Parliament he is directed to send a Warrant under his hand and seal send it only under his hand or contra And where he is to send it to the Constables and Church-Wardens he send is to the Constables or Church-wardens or on the other side and in such like petit mistakes it seems reasonable to me the Officer should be excused if he doe execute it for it is a very hard thing to require of him an exact knowledge of the many Acts of Parliament so variously and incertainly penned herein as belong to his Office and he is in danger to be punished if he doe not execute the Justice of Peace Warrants So that my advise herein to the Officer is to consider well of the Warrant and if he finde the thing to be done nothing but what is ordinary and hath been used to be done by these Officers he is to doe it but if it be to doe any thing unusuall new strange and extraordinary to be well advised e're he doe it Coo. 10. 76. 6. 54. 14 H. 8. 16. Broo. F. Impr. 8. And
whose Husband have not been three years absent beyond Sea or by common report reputed to be dead or three years together from her and she doth not know him to be alive shall be carnally known by any but her Husband except she be ravished it is Fellony and both Man and Woman shall dye without Clergy 3. If any shall carnally know any unmarryed Maid or Widdow they both if they confess it or it be found by verdict shall be committed to the common-Goale without bayle for three Moneths and until they respectively give security before some Justice to be of Good-behaviour for one year the second offence is Fellony without Clergy 4. If any man or Woman be committed for a common Bawd or keeping a common Bawdy-house for his first offence he is to be openly whipped set in the Pillory and marked with a hot Iron in thâ— forehead with this letter B and then sent to Prison or Bridewell for three years without bayle and untill they give surety for their Good behaviour for life The second offence is Fellony without Clergy Act 10. May. 1650. and 9. Aug. 16. 8. 5. No party to be believed against the other not Husband against the Wife nor Wife against Husband 6. If any of these Officers be informed that a Man or Woman be committing of Adultery or Fornication together he may and ought to take company with him and if he finde it so he may arrest them and carry them both to prison till they give suretie of their good behaviour 7. If any Warrant come from a Justice of Peace to any one of these Constables to apprehend 1 H. 7. 7. 13 H. 7. 10. any such lewd person that he may put in sureties for his good behahiour he must execute it duely according the contents thereof SECT 6. Of the Office of the High-Constable and Petit-Constable in common about Rogues IT is the duty of all these Officers to punish Rogues and Vagabonds As touching this part of their Office two things are to be known 1. What a Rogue is and who is to be accounted Against Rogues and Vagabonds 39 Elâ—z 4. 1 Jac. 7. Dalt J. P. 96. Lamb. J. P. 192. 39 Eliz. 17. Who a Rogue is a Vagabond Secondly What is to be done unto him As touching the former of these these things are to be known that all the persons hereafter mentioned being above the age of seven years and offending as hereafter is mentioned shall be adjudged Rogues or at the least shall be punished as Rogues viz. 1. All persons going about begging upon any Numb 1 pretence whatsoever as Sea-faring men pretending losses of their Ships or Goods upon the Sea or such as call themselves Scholars or the like Secondly All idle persons going about the Country either using any subtle craft or unlawfull Games or being Fortune tellers or Juglers or using any such crafty Science Thirdly Stage-players declared to be Rogues and to be punished by Ord. Feb. 1647. 4. All persons that be or utter themselves to be Proctors Procurers Patent-gatherers or Collectors for Gaoles Prisons or Hospitalls And yet Pattent-gatherers for fire or the like albeit perhaps they may be within the words of the Statute yet are they not had or reputed as Rogues nor so to be dealt with for such Patents are alwaies made with a non obstante the Statute 5. All Fencers Beare-wards and Minstrels wandring abroad 6. All Tinkers Pedlers and petty-Chapmen and also Glasse-men that wander up and down the Countrey to sell Wares But if they bee going to a Fayre or Market only they are not to be taken as Rogues 7. All wandring Persons and common Labourers being Persons able in Body using loytering and refusing to work for such reasonable wages as is taxed or commonly given in such parts where such persons shall dwell or abide not having living otherwise to maintain themselves and yet such persons as be of any Parish and have able bodies to work and doe not wander abroad out of the Parish though they refuse to work for the wages given or taxed are not to be sent to their place of byrth or last habitation c. but to the house of Correction 8. All poor Lamb. J. P. 97. persons that are appointed to ask relief in the Parish where they dwell by the Overseeers thereof if they shall beg in any other sort than is so appointed them or shall beg by the high-wayes though in their own Parish And yet these persons are not to be sent to their place of byrth or out of the Town except it be to the house of Correction and so also it seemeth of all other persons that beg in the Parish where they dwell without the appointment of the Overseers in these cases they are to be sent to the house of Correction 9. All persons not being Fellons wandring and pretending themselves to be Egyptians or wandring in the habit forme or attyre of counterfeit Egyptians 10. All such persons as being punished for Rogues and having a testimoniall through their own default shall not pursue the order appointed by the Testimoniall aforesaid for so often as they shall break the same they are to be taken and whipped again untill they come to the place appointed them by the Testimoniall 11. All such poor persons diseased and impotent that being Licenced travell from their home to the City of Bathe or Town of Buxton to the Baths for ease of their griefs or from thence homeward that shall beg or if such persons be not lycenced by two Justices or shall not return home again according as they are limited by their Licence or shall not be provided of relief for their travel 12. All Souldiers or Marriners that shall beg or shall counterfeit any Certificate from their Generall or Governor but this in some cases is Fellony Stat. 39 Eliz. 17. And yet it hath been held that if a Sea-fating man suffering Shipwrack or a poor Souldier or Mariner not having wherewith to relieve himself in his travel homewards and having a Testimoniall under the hand of some one Justice of Peace of or neer the place where he landed setting down therein the place where and the time when he landed and the place of the parties dwelling and byrth whither he is to pass and a convenient time for his passage that if in this time and way they had begged that they were not to be accounted Rogues But it seems the Law at this day is taken by most men to be otherwise and that this Licence will not serve for the Souldier or Mariner especially if he be hurt or maimed for then he may and ought to be relieved with money by every Treasurer of the County where he passeth viz a convenient summe of money to carry him through the same to the next County And it is thought that at this day no Justice of Peace can licence a man to beg in any case Howbeit in some cases he may licence a man to wander as
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-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-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-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
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
Church-wardens are to meet monethly in the Church on Sunday after Evening Prayer except they be let by Sickness or other cause to be allowed a good excuse by two Justices of the Peace to consider of all these things They are alwayes within four dayes after the end of their year and after other Overseers named and allowed by the Justices to give up to any two such Justices of the Peace as aforesaid a true and perfect accompt 1. Of all sums of money by them received or rated and not received 2. Of all such stock of Ware or Stuff as they or any of their poor have in their hands 3. What Apprentices they have put out 4. What poor they have set on work or relieved 5. Whether they have suffered any of their poor to wander and beg out of their Town or in the High-wayes or in their Town without their direction 6. Whether they have not monethly met to consider of these things 7. Whether they have Assessed the Inhabitants and Occupiers of Lands c. in their parish viz. all such as are of ability and with indifferency 8. Whether they have indeavored to levy and gather such Assessments 9. Whether they have been any way negligent in their Offices in executing the Justices Warrants about any thing touching their Office And if any Church-warden or Overseer shall refuse to give up his accompt as aforesaid and to pay over the Arrearages due if any be upon the same accompt unto his Successor he may be committed to the Gaole by two Justices of the Peace untill he doe accompt and pay over the same monie And if any of these Officers shall offend in any other of the particulars aforesaid he shall forfeit for every default twentie shillings All these forfeitures are to goe to the use of the poor of the parish and may be levyed as followeth viz. The monie forfeited by the Father Grand-father c. of any poor person taxed by the Justices towards the maintenance of such poor person that will not pay that Rate may be levyed of the offenders Goods upon a Warrant from two or more Justices of Peace as aforesaid by sale of the same Goods rendering to the party the over-plus of the monie And if there be no distress to be had the Justices of Peace may commit the offender to prison there to remain without Bayl until the forfeiture be paid The monie forfeited by the Church-wardens or Overseers for not receiving or taking care to convey a Rogue c. may be levyed upon the offenders Goods upon a Warrant from two or more Justices of the Peace The monie forfeited by the Church-wardens and Over-seers for offending in any of the particulars aforesaid may be levyed by the subsequent Church-wardens and Overseers upon the offenders Goods Also in the same manner by a Warrant from any two Justices of the Peace And if there be no such distress to be found the same Justices may commit the same offenders to Gaâ—le until they doe pay it And if any man shall in any wise disturb the Execution of the Statute of 30 Eliz. 4. he shall forfeit five pounds and be bound to the Good-Behaviour by any two Justices of the Peace We have done with the Office of these Officers so far as it concerns the poor now we come to that wherein their Office lieth about other matters the which is given them also by ceâ—tain Acts of Parliament and lyeth in these particulars following For the better understanding of the Law Numb 9 herein these things aâ—e to be known Against such a prophane the Lords Day 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 Bear-baiting Bull-baiting 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 Wrastlings Shootings Bowlings ringing of Bells for pleasure Masque Wake Church-ales Drinking-games Sport or Pastime whatsoever under pain to forfeit five shillings if he be above fourteen years old and twelve pence by him that hath the Government of him if he be under fourteen year old to be levyed by distress and sale of Goods or if no distress be to be had to sit in the Stocks three hours 3. No Carrier may goe with his Horses Wagoner â—â—rriers Carter or Wain-man may goe with his Cart Wagon or Wain or Drover with his Cattel on this day under pain to forfeit twenty shillings for every offence to be levyed by distress and sale of Goods if he be questioned within six weeks after the offence done But there shall be but one twenty shillings forfeited for one journey although he pass through twenty Parishes and this twenty shillings that Parish shall have where the distress is first taken 4. No Butcher may Butcher kill or sell any victuals on this day under pain to forfeit six shillings eight pence if it be questioned within six weeks after the offence done to be levied by distress and sale of goods 5. None may Cry shew forth or Tradesmen put to sale any Wares Merchandises Fruit Herbs Goods or Cattell on this day unless it be an Inn or Victualling-house and for such as cannot otherwise be provided for and unless it be the crying and selling of Milk before nine in the Morning and after four in the Afternoon from the tenth of September to the tenth of March and for the rest of the year before eight in the Morning and after five in the Afternoon under pain to forfeit the thing so cryed or offered to sale 6. None may on this day Traveller without good cause by allowance of one Justice of Peace travell under pain to forfeit ten shillings nor carry any burthen or doe any worldly labor under pain to forfeit five shillings Both these forfeitures to be levied by distress and sale of goods and if nondistress be to be had to sit in the Stocks three hours 7. None may on this day or the Drinking Tippling dayes of Humiliation or Thanksgiving use Dancing profanely Drinking or Tippling in any Tavern Inn Ale-house or Tobacco-house nor be there or grinde any Corn at a Mill but upon cause to be allowed by one Justice of Peace under pain to forfeit ten shillings a peece he that
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
such like cases a man may justifie the arresting of the party suspected 3. What shall be said a sufficient cause of suspicion Tryal what not shal be tryed by the Judges 4. It is the duty of these Officers to doe their utmost indeavour with all diligence to finde out and apprehend Fellons And if there shall be herein any neglect found in them especially if it be for favour or reward they may be grievously punished And for this Search cause they may and they must after a Fellony is done either by or without the Warrant of some Justice of Peace make diligent search for him that did it in all such places within their Numb 10 Liberty as they shall understand to be likely to finde him in for it is the chief part of their Office to represse Fellony and albeit it be a mans house he doth dwell in which they doe suspect the Fellon to be in yet they may enter in there to search and if the owner of the house upon request will not open his dores Braking of a house open lawfull it seems the Officer may break open the dores upon him to come in to search And so also it seems the Officer may search for goods stoln as he may for the Fellon himself that doth steal them and if the Officer upon search cannot finde the Fellon it is his duty to raise a Hue and Cry and send him directing it to these Officers whose duty it is carefully to Hue and Cry pursue them as soon as they receive them and it is the duty of all other men being called upon by Officers and at the Cry of the Country to be ready to pursue and arrest Fellons and upon the Hue and Cry any man may atrest him that is taken with the things be he never so honest and he may deliver him and the goods to the Constable of the Town to be kept safely 5. If they be about to arrest any man suspected of Fellony they may require the aid Ayd and help of others both to arrest and carry to prison the party suspected and the parties required must in this case help them at their perill 6. If a private man arrest another man as he may upon his own suspicion and then deliver him to the Constable of the place he 10 Ed. 4. 17. Fitz. J. P. 21. must then look to him that he suffer him not to escape at his perill but that he bring him and the party with him that did arrest him to Carrying of a Prisoner to Gaâ—lâ— a Justice of Peace or that he bring the party arrested to the Gaole for in this case the Constable may not refuse to take charge of a Fellon so brought unto him by another And if there be no Constable of the place where the party is apprehended and the party that doth arrest doth bring the prisoner to the Constable of the next Parish it seems this Constable in this case is bound to take charge of him at his perill 7. If a man flie for Fellonie the Constable Seizâ—re of Goods Fitz. J. P. 201. of the Village where his Goods are must seize them and keep them safe and not part with any of them but so much only as is needfull for the sustentation of the Prisoner and if the Numb 11 goods be impaired the Constable must answer for them and therefore it will be his wisdom to take them by Inventory and in the presence of honest neighbours 8. An Action of Trespass was brought by a man for an Assault and Battery of his Servant whereby he did lose his service three dayes and the Defendant pleaded that A was robbed at midnight of Goods to the value of two pounds whereupon the said A came to the Constable and prayed him to search for the Search suspicious persons and to apprehend and arrest them and accordingly he did search and Arrest found the same servant walking suspiciously in the street in the night and therefore he would have arrested him but the said servant fled and would not yeeld to the arrest and the Defendant by the Constables commandement pursued and took him This was adjudged a good Plea in Barre For when a Fellony is committed the Constable or any others upon suspicion of persons that are suspicious may arrest them and if they will not yeeld to the arrest but assault him or them that doth arrest him they may justifie the beating of him for that he doth resist the Peace Beating justifiable Hue and Cry 29 Ed. 3 9. Pulton de Pace 12. 5 H. 7. 4. and Justice of the Common-wealth when he doth forcibly strive to flie and not to be justified by it If a Hue and Cry be levyed and pursued that a Horse of such a colour or mark so many Beasts of such a sort or age or so many Sheep of such a brand be stoln and Numb 12 one is taken leading or driving of the said Horses Beasts or Sheep In this case it is lawfull for these Officers or any other man to stay and apprehend him and if he that doth apprehend him be not an Officer he may commit him to the Constable of the place where he is apprehended and by him to be put in the Stocks or safe kept until he be delivered by course of Law though the party apprehended be not a man of evill name or fame but a man of good credit for seeing the Law hath by the Hue and Cry accused him he must be by a course of Law again acquitted and discharged And in this case he that is so taken shall not have an Action of Trespass Fals-imprisonment Arrest or other remedy against him that pid apprehend him or against the Constable to whom he was committed albeit he be afterwards acquit of the Fellony In an Action of Fals-imprisonment the Defendant pleaded 27 H. 8. 13. That there was a Fellony done and he suspected the Plaintiff to have done it and therefore he arrested him In this case this was held no good Plea for he should have shewed some ground and cause of his suspicion And in an Action of fall-imprisonment it is no Plea for the Defendant to plead That it was told him that the Plaintiff had brought the Cattel to the Town and put them in a blinde corner and that there was great cause of suspicion that the Plaintiff had stoln them whereupon he did arrest him for suspicion only without a Fellony committed is no cause to arrest another And in an Action of false-imprisonment the Defendant pleaded That J. S. was poysoned and that the common voyce and fame of the Countrie was That the 5 H. 7. 4. 2 H. 7. 15. 11 Ed. 4. 4. Plaintiff had poysoned him whereupon the Defendant apprehended the Plaintiff and committed him to prison as was lawfull for him to doe And this was adjudged a good Plea in Barre of the said Action for common voyce and fame of the Country
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
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