is by other Titles but not much inferiour to our Constables as in Warwick-shire a Thirdborough and in other places a Borough-head in others a Chief-pledge The Authority of these as I said is much like that of the Constables but yet the Office of the Constable is distinct and of greater Authority and Respect than these But in Towns where there be no Constables and that the only Officers for the Peace there be Headboroughs Thirdboroughs Borsholders or such others and in such cases where their Power and Authority is declared to be equal with the Constable in all such things their Office is all one in a manner and divers Statutes do appoint Offenders to be punished by the Constable or other inferiour Officers which must needs be the Tythingmen c. 1 Jac. cap. 7. 12 H. 7. f. 8. The High Constables of Hundreds are Conservators of the Peace within their several Hundreds and Franchises at the Common Law Brook Peace 13. Fitz. 127. All Petty Constables by virtue of their Office within their several Liberties of their several Towns are Conservators of the Peace at the Common Law Bacons use of the Law â— 6. In ancient time High Constables of the Hundreds and Petty Constables in every Town were yearly appointed by the Sheriff in his Turn and were there sworn Direct Judges 29. Constables lawfully chosen if they shall refuse to be sworn the Justices of the Peace may bind them over to the Assizes or Sessions of the Peace and for such his Contempt he is there to be indicted fined and imprisoned Coke 8.43 Every Person that is chosen to be a Constable ought to be idoneus Homo a Man apt and fit for the Execution of the said Office and to be idoneus Homo the Law requireth in him three qualifications viz. 1. Honesty to execute his Office truly without Malice Affection or Partiality 2. Knowledge to understand his Duty whâ— he ought to do 3. Ability as well in Estate as in Body thaâ— so he may attend and execute his Office diligently and not neglect the same through Wanâ—â— or Impotency For such as are chosen out of the meaneâ—â— Sort are either ignorant what to do or stand in awe of the greater so that they dare noâ— do what thâ—y ought or else are not able to spare time therefore they ought to be chosen out of the better sort of Parishioners and not either by the House or other Custom If a Man be chosen Constable not able and qualified as aforesaid he may be discharged of his said Office by Law and another fit Man appointed in his place Co. 8.42 If Leets chuse unable or unfit Petty Constables it is cause of Forfeiture of the Leet and such choice is void 14 Car. 2. c. 12. Two Justices of the Peace may appoint and swear new Constables Headboroughs c. in case of death or removal of such Officers out of the Parish And if in default of holding Court Leets they continue above the Year they may be discharged at the Sessions and others put in Idem Stat. Constables Headboroughs and Tythingmen which are out of Purse for their Charges they may with the Churchwardens and Overseers of the Poor and other Officers of the Parish make Rates upon all Occupiers of Lands and Inhabitants and all others chargeable to the Poor by the Stat. 42 El. which being confirmed under the Hands and Seals of two Justices of the Peace may by their Warrants be levied by distress and sale of the Goods of such as refuse to pay the same I shall now set forth every particular Branch of the Constables Office and of the Tythingmen Headboroughs and Borsholders their Duties are the same in effect and their Authority yet the later are inferiours to the former CHAP. II. The Constables Office about Affrays IF one makes an Affray or Assault upon another in a Constables presence or in his presence shall threaten to kill beat or hurt another or shall be in a Fury ready to break the Peace In these Cases the Constastable may commit the Offenders to the Stocks or to some other safe Custody for the present until such time as he can carry them before some Justice of the Peace or to the Goal until they shall find Sureties for the Peace The Constable may take Security for the Peace by Obligation to be sealed and delivered to the Kings use which Bond the Constable was to send to the Exchequer or Chancery from whence the Process should issue to levy the Debt to the Kings use if the Peace were broken This was the Opinion of three of the Judges of the Common Pleas in Skirrets Case Trin. 35 Eliz. Com. Banc. Rot. 1458. But Anderson Chief Justice said That the Constable ought to carry the Party that he should see breaking oâ— the Peace before a Justice to find Sureties soâ—â— the Peace which is the usual Practice at this day 3 H. 4. 9 10. Bacons use of the Law fol. 5. Dalt J.P. c. 1. fol. 4 5. Dalt J. P. c. 8. fol. 33. The Constable where he seeth an Affray made or such as are about to make an Affray ought to command the Affrayers in the Kings Name to surcease and depart on Pain of Imprisonment and if a Constable being present at an Affray doth not his best endeavour to part them it being presented by the Jury at the Sessions of the Peace such Constable may be fined for it 3 H. 7. 1. 3 H. 7. 20. Lamb. 136. 38. E. 3. 8. Dalt J. P. c. 8. fol. 33. If any be dangerously hurt in an Affray the Constable or any other may stay the Offender and carry him to a Justice of Peace who is either to Bail him till the next Goal delivery or to commit him to the Goal until it be known whether the Party hurt will live or dye thereof Lamb. 135. 1 H. 7. 7. 3 H. 7. 10. If Affrayers will not depart but do draw Weapons or give any Blow the Constable may command Assistance of others to cease the Affray and if they make resistance may justifie the bearing and wounding of them and if either the Constable or any of his Assistants be killed it is Murder in the Affrayers Lamb. 135. 7 E. 3.19 Where there is a great and dangerous Affray the Constable may make Proclamation in the Kings Name that the Affrayers shall keep the Peace and depart And if the Affray be in a House the Constable may break into the House if the Doors be shut to see the Peace kept though none of the Parties have taken any hurt and if the Affrayers fly into another Mans House the Constable upon fresh pursuit may break into such House and apprehend them Dalt c. 8. fol. 34. c. 118. fol. 340. Cromp. 146. b. 172. b. Where the Affrayers fly into another County the Constable seeing it may freshly pursue or cause them to be pursued and taken there and then the Constable may carry them before some Justice of Peace of
the County where they are taken to find Sureties for the Peace And if they flie into a Franchise only within the same County where the Affray was the Constable seeing this may freshly pursue them and take them out thence Dalt J. P. c. 8. f. 34. 38 H. 8. After the Affray is over the Constable cannot Arrest the Affrayers without a Warrant except some Person hath received such hurt there that he is in danger of death But before the Affray begun and at the time thereof he may Arrest them without a Warrant Dalton ibid. It is not properly an Affray unless some blow be given or offered to be given for hot words is no Affray neither can the Constable apprehend them for Words unless they threaten to kill beat or hurt one another in such Case the Constable may take such Persons and carry them before a Justice to find Sureties for the Peace and yet such Threatning is no Affray If an Affray or an Assault be made upon the Constable himself he may not only defend himself but may also put the Parties offending in the Stocks till such time as he can carry theâ— to a Justice of Peace or to the Goal anâ— if he be not able to arrest them himself hâ— may then call others to his Assistance whâ— may justifie to arrest the Offenders Dalt c. 8 fol. 35. 5 Hen. 7. 6. CHAP. III. The Constables Office about Alehouses c. IF any one keep an Alehouse or sell Beer or Ale without Licence he forfeits 20 s. to the use of the Poor to be levied by distress and sale of the Offenders Goods by the Constable and Churchwardens by Warrant from a Justice of Peace before whom the Offence iâ— proved which Goods are to be sold within three days after the Distress taken and the Overplus to be returned if any be and in default of Distress the Delinquent is to be openly whipped by the Constable If the Constable refuse or neglect to execute his Warrant he forfeits 40 s. to the Poor and the Justice may commit the Constable to the Goal until he causeth the Offender to be whipped or payeth the 40 s. to the use of the Poor 3 Car. 1. c. 3. Dalt J.P. c. 7. f. 31 32. If a common Inn keeper or Alehouse-keeper refuseth to lodge a Traveller he profering to pay ready Mony for his Victuals c. the Constable may cause such an inn keeper or Alehouse-keeper to be indicted at the Sessions or Assises where he may be fined and imprisoned or the Party grieved may have his Action of the Case against the Inn-keeper or Alehouse keeper But they are not bound to lodge or find Victuals without ready Mony first paid if it be required Co. 9. lib. Rep. fol. 87. b. 10 H. 7. 8. Daltons J.P. c. 7. f. 28. In the Condition of the Recognizance which every Alehouse-keeper enters into that is licensed to sell Drink it is one Clause That he shall keep one or more spare Beds for lodging of Strangers Were this well looked into in and about London abundance of forfeited Recognizances would be found and a great many lazy Knaves that Live at their Ease by selling Drink might be set to work for their livings They are bound likewise not to suffer any Gaming in their Houses or Backsides which now is the main Prop of most of them and there they draw in Apprentices and Servants to their ruin were they punished according to the Statute for this these Caterpillars would not swarm so thick as they do If any Inn-keeper Alehouse-keeper or Victuallers do sell less than a full Ale Quart of the best Ale or Beer or two Quarts of the small for one Penny he forfeits 20 s. for every Offence If he suffers Townsmen or others to sit tipling in his House he forfeits 10 s. for which the Constables and Churchwardens upon a Warrant from a Justice of Peace ought to distrain and levy the Forfeitures according to the Statute and if there be no Distress to be found or if the Officers neglect within 20 days to certifie the same Default to the Justices the Officer forfeirs 40 s. to the use of the Poor to be levied by Distress on their Goods by Warrant made to any indifferent Person from any one or more Justices of the Peace under their Hand and Seal And for want of Distress the Justice may commit the Offenders to the Goal there to remain till they have paid the said Forfeitures In all these Cases the Distresses are to be kept six days and if the Parties do not pay the Forfeitures within that time then the Distress is to be apprised and sold and the Overplus returned to the Owners if any be 1 Jac. c. 9. 1 Car. 1. c. 4. If the Constable or other Officer of the Parish neglect to serve the Justices Warrant against Townsmen or others for Tipling in any Inn Alehouse or Victualling-house or against Men for being Drunk viz. for Tipling 3 s. 4 d. and for being Drunk 5 s. to be levied by Distress on the Offenders Goods and sale thereof after six days default of payment rendring the overplus to the Owner and for want of Distress and not able to pay the Tipler is to be set in the Stocks four hours and the Drunkard six hours and if in any of these cases the Constable neglect to do his Duty he forfeits 10 s. to be levied by Distress and Sale of his Goods to the use of the Poor These Offences are to be enquired after within six Months after they are committed and the Constables and other Officers of the Parish may be charged upon their Oaths to present them 21 Jac. c. 7. Dalt J.P. c. 7. f. 28. CHAP. IV. The Constables Office about Arms c. IF any Person shall ride or go armed offensively before the Kings Justices or before any other the Kings Officers or Ministers during their Office or in Fairs or Markets or elsewhere by Night or by Day in Affray of the Kings People and Breach of the Peace or wear or carry any Guns Daggers or Pistols charged in such case the Constable upon the sight hereof may seize and take away their Armor and other Weapons and cause them to be apprized and answered to the King as forfeited and carry them before a Justice to find Sureties for the Peace 2 E. 3. c. 3. 7 R. 2. 13. Co. 3. part Inst fol. 162. Dalt J. P. c. 9. fol. 35 159. But the Kings Servants in his Presence Sheriffs and their Officers and other the Kings Ministers and such as be in their Companies assisting them in their Office and all others pursuing Hue and Cry where any Felony or other Offences against the Peace be committed may lawfully bear Armor or Weapons 2 E. 3. c. 3. All High Constables Petty Constables and other Officers within their several Parishes are to be aiding and assisting to such Persons as shall have Warrants from the Lord Lieutenants or any two of their
or shâ—â— remain in the Ware-houses and the other Coâ—modities publickly burnt and destroyed Tâ—â— Importers to forfeit the value They in whoâ—â— Hands they shall be seized or who sold theâ—â— the like for the first Offence And for the â—â—cond Offence double the value and after Coâ—viction of the second Offence to be incapabâ—â— to exercise or execute any Office or Imployment about any part of the Kings Revenue 〈◊〉 any other Office or publick Imployment whâ—â—soever And if any Person not being a known Merâ—â—ant Vintner or Shop-keeper shall sell or â—â—pose to sale any of the Commodities aforeâ—â—â—d and be thereof convicted shall over and â—â—ove the aforesaid Penalties suffer twelve â—onths Imprisonment without Bail or Mainâ—â—ze and all Ships and Vessels with their â—â—ns Tackle and Furniture in which any of â—â—e said Goods shall be imported during the said â—â—erm and also every Bark Hoy Lighter â—â—rge Wherry Boat or other Vessel whatsoever â—â—t of which any of the said Goods shall be â—â—â—t on Shore shall be forfeited and the Maâ—â—â—r or any other Person taking care of such â—â—ip or Vessel shall forfeit 500 l. and also â—â—eing convicted thereof before a Justice of â—eace by the Oaths of two Witnesses be comâ—itted to the next Goal for twelve Months â—ithout Bail or Mainprize And all Seamen â—ariners Watermen Carmen Porters Laâ—â—urers or other Persons whatsoever assisting 〈◊〉 unshipping carrying or conveying any of â—â—e said Goods upon Proof as aforesaid shall 〈◊〉 subject to like Imprisonment or be pubâ—â—ckly whipt at the discretion of the Justice 〈◊〉 Peace And all Carts Wains Waggons â—arriages Plough-Teams Horses or Oxen made â—â—e of in the Carriage or Conveyance of any of the said Goods shall be seized and upon Proof made before a Justice of Peace of the â—ounty where the same were so seized by â—â—e Oaths of two credible Witnesses that they â—ere assisting in the Carriage or Conveyance of â—ny of the said Goods the same shall be forfeited one half thereof to be disposed of to â—he use of the Poor of the Parish where the same shall be seized the other half to thâ—â— use who shall seize the same The Informâ—â— who after seizure or stay of the Goods frâ—â—dulently delays the Prosecution shall forfâ—â—â— 500 l. All Officers of the Customs Sheriffs Mayoâ— Bailiffs Constables and other Officers are â—â—joyned to be aiding and assisting in the due â—â—ecution of this Act See 1 W. M. By 2 W. M. For the more effectual pâ—â—ting in Execution the Act for Prohibiting 〈◊〉 Trade and Commerce with France it is Enaâ—â—ed That if any Person after the first of Fâ—bruary 1690. shall sell or utter by retail 〈◊〉 Glass Bottles or in any other retail Measurâ— not made of Pewter and sealed according 〈◊〉 Law any kind of Wine whatsoever or othâ—â— Liquor exposed to sale for Wine or sell tâ—â— same for a greater price than by the said Aâ—â— is appointed and be convicted thereof by tâ—â— Confession of the Party or the Oath of tâ—â— credible Witnesses before one or more Jâ—stice or Justices of the Peace of the Countâ—â— City or place where such Offence shall be coâ—mitted who are hereby required and iâ— powered to adminster an Oath to that puâ—pose such Person being prosecuted withâ— thirty days next after such Offence committeâ— shall forfeit and pay for every such Offenâ—â— the Sum of fifty shillings which if not paâ—â— upon demand shall be levied by distress aâ—â— sale of the Goods and Chattels of every sucâ— Offender by Warrant under the Hand aâ—â— Seal of the Justice or Justices before whoâ—â— such Conviction shall be made which Warrant the said Justice and Justices are impoweâ—â—d and required to grant to the Constable â—eadborough or Tythingman of the Parish 〈◊〉 Place where such Offence shall be commitâ—â—d who are required and authorised immeâ—â—ately to levy the same rendring the overâ—â—us to the Owner thereof the said Penalty â—orfeiture and Mony so levied to be given to â—â—e Informer CHAP. VII â—â—e Constables Office for providing necessary Carriages for his Majesty c. BY the Statute of 1 Jac. 2. it is Enacted That the Clerk or Chief Officer of his â—ajesty's Carriages shall three days at least â—â—fore his Majesty's Arrival by Warrant from â—â—e Green-Cloth give notice in Writing to â—â—o or more of his Majesty's Justices of the â—eace next adjoyning to provide such a numâ—er of Carts and Carriages from the Places next â—â—jacent as his Majesty shall have present use 〈◊〉 expressing the certainty of that number 〈◊〉 also the time and place when and where â—â—e said Carts and Carriages are to attend â—hich Carriages shall consist of four able Horses 〈◊〉 six Oxen or four Oxen and two Horses â—â—r each of which Cart or Carriage the reâ—pective Owners shall receive sixpence for each â—â—â—le they shall go laden and that in case â—ny of his Majesty's Subjects of this Realm â—â—all refuse to provide and furnish his Majesty â—hat now is or his Queen that is or shall be â—â—r His or Her Houshold or her Majesty Catherine Queen Dowager or Her Houshold 〈◊〉 their Progress or Removals with such sufficâ—ent and necessary Carriages for their Wardrobe or other Necessaries for ready Monlâ—â— tendered to them or shall without just anâ— reasonable Cause refuse to make their Appearance with such sufficient Carts and Carriage as are before exprest that then upon dâ—â—â— Proof and Conviction of such neglect or refusal by the Oath of the Constable or otheâ— Officer or two other credible Witnesses before the said Justices of the Peace of thâ— County or Mayor or other Chief Officer 〈◊〉 the City or Corporation where he or theâ— Inhabit which Oath they shall have power tâ— adminster the Party so refusing shall for sucâ— his refusal and neglect forfeit the Sum of fortâ—shillings to the Kings Majesty's use to be forth with levied by distress and sale of his Gooâ—â— and Chattels rendring to the Parties the oveâ— plus upon every such Sale if there shall bâ— any by Warrant from the said Justices of thâ— Peace Mayor or other Officer No Horses Oxeâ— Cart or Wain shall be enforced to travel aboâ—â— one days Journy from the Place where theâ— receive their Lading and that ready Paymeâ—â— shall be made in Hand for the said Carriage at the place of Lading without delay according to the aforesaid Rates And in caâ—â— any Justice of the Peace Mayor Officer oâ— Constable shall take any Gift or Reward tâ— spare any Person or Persons from making such Carriage or shall injuriously charge or grieâ—â— any Person through Envy Hatred or Evil will who ought not to make such Carriage or shaâ—â— impress more Carriages than he shall be directed from the Green-Cloth to do that then â—pon due Proof and Conviction thereof the â—arty so offending shall forfeit the Sum of ten â—ounds to the Party thereby grieved or any â—ther who shall sue for the same to be recoâ—ered by Action of Debt in any of his Majeâ—â—y's Courts of Record wherein no
distributed by the Churchwardens and Overseers amongst the Poor of the Parish where any such great Cattel Sheep or Swine shall be imported or found The Seizor Churchwarden or Overseers sailing in his Duty shall forfeit forty shillings for every one of the great Cattel and ten shillings for every Sheep or Swine which should have been so killed and dristributed one Moieâ—ty to the Poor of the said Parish the other to the Informer to be levied by Distress and sale of the Offenders Goods by Warrant from any one Justice of Peace and for want thereof the Offender to be committed to Goal for thâ— Months without Ball. Mutton and Lamb imported shall be subjâ—â—â— to the like Seizure and the Importers and Sâ—â—lers to the like Penalties as for Importationâ—â— Beef Pork or Bacon and the like of Butâ—â—â— and Cheese imported from Ireland If any great Cattel Sheep or Swine whâ—â—â— have been seized be found alive in any otâ—â—â— Parish or Place they are to be seized agâ—â—â— and killed to the Benefit of the Seizor 〈◊〉 the Poor of that Parish or Place in manâ— aforesaid English or other Cattel intermixt with Iâ—â—â— Cattel shall be deemed Irish in all respeâ—â— 32 Car. 2. c. 2. CHAP. IX The Constables Office about Conventicles BY the Stat. of 22 Car. 2. cap. 1. made agaiâ—â— Seditious Conventicles every Constabâ—â— Headborough Tythingman Churchwarden 〈◊〉 Overseers of the Poor are authorized and â—â—quired to levy the Fines assessed by the Justâ—â—â— of Peace upon those who shall be present at uâ—lawful Conventicles upon their Goods and Châ—â—tels having first received a Warrant under 〈◊〉 Hands and Seals of one or more Justices or Châ—â—â— Magistrate and forthwith deliver the Mony â—levied to the same Justice of Peace or Chief Mâ—gistrate And by Warrant from one or more Jâ—stice or Justices or Chief Magistrate and respective Constables Headboroughs and Tythingmâ—â— Overseers not named may with what aid force and assistance they think fit after refusal or denial to enter break open into any House or other Place where they shall be informed any Conventicle is held as well within Liberties as without and take into their Custody the Persons there unlawfully assembled to be proceeded against according to this Act. No Peers House is to be searched unless in presence of a Lord Lieutenant or two Justices of Peace whereof one to be of the Quorum If any Constable Headborough Tythingman Churchwarden or Overseer of the Poor shall know or be credibly informed of any Conventicle within his Precinct and shall not thereof â—nform some Justice of the Peace or Chief Magistrate and endeavour the Conviction of the Parties but neglects his Duty he forfeits five Pound to be levied on his Goods And any Person sued for acting by this Law may plead the General Issue and give the special Matter in Evidence and shall recover treble Costs 22 Car. 2. c. 1. By the 1 W. and M. for Exempting their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws It is Enacted That all Persons that take the Oaths and make and subscribe the Declaration in the said Act mentioned to be taken shall not be liable to any Pains Penalties and Forfeitures of 35 Eliz. nor 22 Car. 2. But That if any Assembly of Persons dissenting from the Church of England shall be had in any Place for Religious Worship with the Doors locked barred or bolted during any time of such Meeting together all and every Person or Persons that shall come to and be at sucâ— Meeting shall not receive any benefit froâ— this Law but be liable to all the Pains anâ— Penalties of all the aforesad Laws recited iâ— this Act for such their Meeting And also That if any Person dissenting from thâ— Church of England as aforesaid shall here after be chosen or otherwise appointed tâ— bear the Office of High Constable or Petâ—â— Constable Churchwarden Overseer of thâ— Poor or any other Parochial or Ward Office and such Person shall scruple to take upoâ— him any of the said Offices in regard of thâ— Oaths or any other Matter or Thing required by the Law to be taken or done iâ— respect of such Office every such Person shâ—â— and may execute such Office or Employmeâ—â— by a sufficient Deputy by him to be provided that shall comply with the Laws on this behalf CHAP. X. The Constables Office about Clothiers COnstables and other Officers upon request are to aid and assist the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs called Norwich Stuffs made in Norwich and the County of Norfolkâ— 14 Car. 2. c. 5. They ought to be very vigilant in this Business for there never was such slight and unserviceable Stuffs as now are to the great Damage of his Majesty's Subjects In the West-Riding of the County of York â—he Constables are likewise by Warrant from â—he Justices of the Peace Master and Wardens â—f the Corporation or any thirteen of them â—o levy such Fines Penalties and Forfeitures 〈◊〉 shall grow due from any Clothier by virâ—ue of the Statute aforesaid by Distress and â—ale of the Offenders Goods rendring the overâ—lus to the Owner upon demand 14 Car. 2. c. 5. Clothiers must pay their Spinners and other Workfolks their Wages in ready Mony and â—ot in Wares and shall deliver their Wool in â—ue weight on pain to forfeit six pence for â—very Default and the Carders Spinners Weaâ—ers and other Workfolks are to do their Work faithfully on pain to forfeit double Damages to the Party grieved 4 E. 3. c. 1. Fitz. â— P. 103. The Master or Head Officer in a Corporation where there is no Master and out of a Corporation every Justice of Peace High Constable and Stewards of Court-Leet shall hear â—nd determine the Complaints as well for non-payment of the Workfolks Wages as the Damages aforesaid by examining the Parties for which Damages they have Power to commit the Offenders to the Goal until the Party grieved be satisfied Stat. idem The Justices of Peace and High-Constables may search any House or other Place for Tenters Ropes Rings Headwrinches or other Engines for stretching of Cloth and if they find any to deface them and if the Owner use them again these Officers may take them away and sell them and give the Mony to the Poor 39 Eliz. c. 20. CHAP. XI The Constables Office about the Customs BY the 14 Car. 2. Such Person or Persons are authorized by Writ of Assistance uâ—der the Seal of his Majesty's Court of Exchequeâ— are to take a Constable Headborough or othâ—â— publick Officer inhabiting near the Place and the day-time are to enter and go into any Houâ—â— Shop Cellar Warehouse Room or other Placâ— and in case of Resistance break open tâ— Doors Chests Trunks and other Packagâ— there to seize and from thence to bring aâ—â— kind of Goods Merchandize whatsoever prâ—hibited and uncustomed and to put and secâ—â—â— the same in his Majesty's Store-house in the Poâ—â— next
Bridge and six yards in breadth in the wing of the Net or hath fished with two of those Nets fixed together or used any Net or Device for taking the Fry of Eels or whereby the Spawn of Fish shall be destroyed shall issue out Warrants under the Hands and Seals of any two of them in their respective Countles to the Under Conservators of the said River or to any Constable Tythingman or Headborough to search in the day-time in all suspected places for such unlawful Instruments and to seize them and bring them to the Quarter Sessions to be burnt or destroyed 30 Car. 2. c. 9. If any Ling Herring Cod or Pilchard fresh or salt dried or bloated or any Salmons Eels or Congers taken by Foreigners Aliens to the Kingdom of England shall be imported uttered sold or exposed to sale in this Kingdom in such case the Constable Headborough c. or any other Person may take and seize the same and one half thereof must go to the use of the Poor of the Parish where the same is so found and seized and the other half to the use of the Party that seizes the same 18 Car. c. 2. CHAP. XVI The Constables Office about forcible Entries c. IF a Constable or any private Person of the same County do refuse to attend and assisâ— the Justices of Peace upon request to remove aâ—â— Force or to convey the Parties to the Goal he may be imprisoned for his neglect and make Fineâ— to the King 15 R. 2. c. 2. Dalt J.P. c. 22. f. 57. CHAP. XVII The Constables Office about Hedge-breaking c. SUch as are convicted before a Justice of Peace for cutting and taking away of Corâ— growing robbing of Orchards breaking Hedges and their Procurers and Receivers knowing the same are to give the Party grieved such Satisfaction as a Justice of Peace shall think fit and iâ— they cannot give such satisfaction then the Justice may commit the Offenders to the Constable to be whipped for the first Offence and the like pain for the second Offence and if the Constable or other Officer do not by himself or some other see the same done accordingly then the Justice may commit such Officer to the Goal there to remain without Bail until he procure the Offender to be whipped as aforesaid 43 El. c. 7. The Constables Headboroughs or other Person in every County City Town-Corporate or other Place where they shall be Officers and Inhabitants have power to apprehend or â—ause to be apprehended such Persons as they â—uspect for having carrying or conveying any Burthen or Bundles of any kind of Wood Underwood Poles or young Trees or Bark of â—ny Trees or Gates Stiles Posts Rales Pales Hedge-wood Broom or Furze and any Conâ—â—able Headborough c. by Warrant under the Hand and Seal of one Justice may enter into the Houses Out-houses Yards Gardens or other Places belonging to the Houses of such Persons as they shall suspect c. and where they shall find any to apprehend the Parties suspected for cutting the same and those in whose â—ustody c. any such Wood or Underwood shall be found and carry them before a Justice of the Peace and if the Party cannot give a good account to the Justice how he came by the said Wood c. by the consent of the Owner or shall not within the time the Justice shall appoint prove who he bought it of then such Person shall be deemed convicted of the cutting and spoiling of Wood within the Statute of 43 Eliz. and for the first Offence shall give such satisfaction to the Owner within such time as the Justice shall appoint and pay over and above presently to the use of the Poor where the Offence is committed so much Mony as the Justice shall appoint not exceeding ten shillings And for default of performance hereof the Justice may commit the Offender to the House of Correction for so long time as he shall think fit not exceeding one Month or otherwise to be whipped by the Constable or other Officer and for the second Offence the Offender is to be sent to the House of Correction for one Month and there he â—â— to hard Labour and if he be convicted thâ— third time then to be punished as an incorâ—â—gible Rogue 15 Car. 2. c. 2. If any Person buy any Burthens of Wooâ— Underwood Sticks c. of any who may jâ—â—â—ly be suspected to have come by the same â—â—lawfully upon complaint to a Justice Head Oâ—ficer c. and if upon Examination by Oaâ—â— it appears That the same were bought of suâ—â— Person as aforesaid the Justice may order 〈◊〉 Buyer to pay the treble value thereof to hiâ— from whom they were stollen and for noâ— payment the Justice may grant his Warrant the Constable to levy the same by distress 〈◊〉 sale of the Offenders Goods rendring to tâ—â— Owner the overplus and for want of such dâ—stress then to commit the Party to the Gâ—â— at his own charge there to remain one Monâ— without Bail Stat. ibid. None is to be punished by this Statute thâ—â— have been punished by any former Law for thâ— same Offence and all Offenders within thâ— Statute must be prosecuted within six Weeâ—â— after the Offence committed Highways See the Office of Surveyors of High-ways and Bridges CHAP. XVIII The Constables Office about Stoned-Horses NOne ought to put to feed upon Forests or Commons except they be Commons where Mares are not usually kept any stoned-Horse being above two years old and not fifteen hands high from the lower part of the Hoof to the upper part of the Wither every hand containing four Inches Standard measure on pain to forfeit the same Horse 32 H. 8. c. 13. If any Stoned-Horse of lesser Stature be put to feed in any such Common unless it be in Fen-grounds of the Isle of Ely and of the Counties of Cambridge Huntington Northampton Lincoln Norfolk or Suffolk where they need be but thirteen hands high any Man may seize them to his own use so that first by the assistance of the Keeper of the Ground or Constable Bailiff Headborough or other such Officer of the Parish adjoyning such Horse be brought to the next Pound and there by such Officer in the presence of three other sufficient Men he be measured and found lower than the Statute 32 H. 8. c. 13. 8 Eliz. c. 8. Wingates Abr. Stat. Tit. Horses Those that refuse to measure or to be present at measuring do foreit 40 s. a piece for every such default to be divided between the King and Prosecutor But note That an Horse that makes an Escape into such Common shall not be questioned so that he stay not above four days after notice thereof at the Owners House or in hâ—â— Parish Church 32 H. 8. c. 13. Forests and Common Grounds must be driveâ— yearly at Michaelmas or within fifteen days after by the Keepers Constables or other Officeâ— abovesaid on pain of forty shillings and thâ— have power
least â—xcept it be in June July and August and 〈◊〉 those Months it must have seventeen Days â—nd under such time it cannot be made wholesome 2. They ought to take out of every Quarter â—f Malt half a Peck or more of Dust by reading Rubbing and Fanning the same beâ—ore they put the same to fale or else they â—orfeit 20 Pence for every Quarter otherwise â—old to be divided between the King and the â—â—former 3. If any Malt shall be put to sale not well â—ade according to the limited time or made 〈◊〉 Mow-burnt or Spired Barley or mixed â—ood and bad together they forfeit two shilâ—â—ngs for every Quarter to be divided as aforeâ—â—id This Act extends not to such as make Malt for their own Provision only and the Forfeitures aforesaid must be prosecuted within one 〈◊〉 ear CHAP. XXII â—â—e Constables Office about disturbing of Ministers IF any Person purposely without Authority disturb a Preacher lawfully licensed in â—reaching Praying or Administration of the â—acraments either by Talking Laughing Humâ—ing or the like any Constable or Church-warden of the Place ought presently to apprehend the Party and carry him before a Justly of the Peace of the same County who mâ—â— commit him to safe custody and within fâ—â— days after with another Justice of the Peace they may examine the Matter and if theâ— find it true by two Witnesses they must commit him to the common Goal there to â—â—main for three Months and from thence 〈◊〉 the next Quarter Sessions at which upâ—â— the Parties Reconciliation and entring â—oâ— Security for one whole Year he may be râ—leased at the discretion of the Justices but if he continue still in his obstinacy he mâ—â— continue in Prison without Bail till he be pâ—nitent 1 Mar. Sess 3. c. 3. Wingates Stat. Tâ— Sacraments Dalt J. P. c. 41. f. 103. He that Rescues an Offender in this kiâ—â—â— shall suffer like Imprisonment and forfeit fiâ—â— pounds and the Inhabitants that suffer such 〈◊〉 Offender to escape being presented before 〈◊〉 Justices at their Sessions of the County or Coâ—poration where the Offence was made do aâ—â— forfeit five pounds Idem CHAP. XXIII The Constables Office about Moss-Troopers THE Constables and other Officers withiâ— the Counties of Northumberland and Câ—â—berland upon Warrant from the Justices of thâ— Peace are to levy by Distress and Sale of thâ— Parties Goods rendring the overplus to thâ— Owners all such Sums as shall be charged upon any Person within their several Constable â—â—â—â—es by the Justices at their Sessions for the â—â—feguard of the Counties against the Injury â—â—heft and Rapine of Moss-Troopers And the â—ustices also may examine any Complaint aâ—â—inst the Constables or other Officers that shall â—eglect or refuse or fail to give obedience to the Act or do any thing in disturbance thereof and bind over such Person to the Quarter Sessions to be proceeded against according to Justice 〈◊〉 3 14 Car. 2. c. 22. This Act was by the Stat. 29 30 Car. 2. c. 2. â—evived and to continue for 7 years and to the and of the first Session of the next Parliament And by 1 Jac. continued for 11 years and from thence to the end of the first Session of the next Parliament CHAP. XXIV The Constables Office about the Peace THE Constable ought to do what he can to keep the Peace but he cannot take Surely of the Peace at the request of any Man H. 7. fol. 18. A. Cromp. 6.12 The Constable or other Officer before he Arrest the Party upon a Warrant for the Peace â—ought first to acquaint the Party therewith and charge him in the Kings Name to go along with him to the Justice to put in Sureties according to the Warrant and if the Party refuse so to do then the Officer ought forthwith to take and convey him to the Goal without carrying him to any Justice at all there to remain till he doth find Sureties and then at the next Sessions of the Peace 〈◊〉 Officer ought to deliver in his Warrant aâ— certifie what he hath done therein Dalt c. 3. If the Party yield to go and find Suretiâ—â— then the Officer may not absolutely Arrest hiâ— yet he is not bound to go up and down wâ—â—â— him till he can get Sureties but he may keâ—â— him till he can get Sureties to come unto hiâ— and if the Party make resistance or offer 〈◊〉 go away afterwards the Officer may caâ—â—â— him to the Goal or set him in the Stocks 〈◊〉 he can get aid to carry him to the Goal Dâ—â— 69. f. 166. If an Officer having a Warrant from a Justâ—â—â— of Peace against a Man to find Sureties 〈◊〉 the Peace and do afterwards receive a Sâ—pâ—sedeas out of the Chancery or Kings Bench 〈◊〉 from another Justice of Peace of the saâ—â— County to discharge the same Surety of tâ—â— Peace and yet nevertheless the Officer wâ—â— cause the Party to find Sureties by virtute 〈◊〉 the Warrant the Party may refuse to give iâ— and if he be arrested or imprisoned for suâ—â— refusal he may have his Action of False Impâ—â—sonment against such Officer for the Sâ—pâ—sedeas is a Discharge of the former Warranâ— Dalt J.P. c. 69. f. 168. If a Constable be informed that a Man aâ— Woman be in a Adultery or Fornication together or that a Man and Woman of Evil Report are gone to a suspected House together in the Night the Constable may take Compaâ—â— with him and if he find them so he may carry them before a Justice of the Peace to finâ— Sureties for their Good Behaviour 13 H. 7. 10 Dalt J.P. c. 75. f. 189. If any shall abuse a Constable in the execuâ—â—on of his Office the Constable may have him â—ound to the Good Behaviour for it Fitz. â—ar 207. Cromp. 135. Any injurious Force or Violence used against â—he Person of another his Goods Lands or â—ther Possessions whether it be by threatning Words or furious Gestures or force of the â—ody or any other Force used in terrorem 〈◊〉 said to be a Breach of the Peace Dalt c. 3. â—ol 9. CHAP. XXV The Constables Office about Physicians THE Constables and other Officers in London and within seven Miles round are to be â—iding and assisting to the President of the Colledge of Physicians and all Persons authorized by the said Colledge for the due execution of the Laws and Statutes belonging to the said Colledge upon Pain of running into contempt to the King 1 Mar. Par. 1. Sess 2. c. 9. Wingates Stat. Tit. Physicians CHAP. XXVI The Constables Office about the Plague IF any Person infected or being or dwelling in an House infected with the Plague shâ—ll be by the Constable commanded to keep his House and notwithstanding shall wilfully go abroad and converse in Company having 〈◊〉 infectious Sore on him it is Felony and such Person shall not have such Sore about hâ—â— yet for his Offence he shall be punished as a â—â—gabond by the appointment of any one Jusâ—â—â—â— of the
Peace and further shall be bound to Good Behaviour for one whole Year Wingâ—â—â—â— Stat. Tit. Plague 1 Jac. c. 13. Dalt J.P. c. â— fol. 91. The Justices of Peace or any one of thâ— and other Head Officers in Corporate Towâ— ithin their several Limits may appoint Seaâ—ers Watchmen Examiners Keepers and Bâ—â—ers for the Persons and Places infected and any Person infected or dwelling and being in House infected shall contrary to the commitment or appointment of the Justice of Peace Constable c. wilfully attempt to go abroad to resist such their Keepers or Watchmen thâ— may such Watchmen with Violence force thâ— to keep their Houses and if any hurt happâ—â— thereupon the Watchmen shall not be impeacâ—ed therefore 1 Jac. c. 13. Dalt J.P. c. 39. f 9 Cromp. 122. b. Wingates Stat. Tit. Plague If the Constable or other Officer wilfully neglect to levy the Mony by Warrant from tâ—â— Justices of Peace upon the Statute for Reliefâ— any Town infected with the Plague by Distreâ—â— and Sale of the Goods of such Persons as refuâ—â— or neglect to pay then they forfeit for ever such Offence ten shillings to be imployed to thâ— said Charitable Use Wingates Stat. Tit. Plaguâ— 1 Jac. c. 31. Dalt J.P. c. 39. f. 91. CHAP. XXVII The Constables Office about conveying Prisoners to the Goal AN Offender which is to be conveyed to Goal must bear all Charges both of himself and of those that guard him if he be able and if he refuse to pay the Charges or shall not at the time of the Commitment discharge the same then upon a Warrant from a Justice of Peace the Constable of the Liberty or Town where the Offender hath any Goods being within the same County may sell so many of the Parties Goods as in the discretion of the Justice shall be thought sufficient to satisfie the said Charges the Apprizement to be made by four Inhabitants of the Parish where such Goods be and the overplus to be returned to the Owner 3 Jac. c. 10. Dalt J.P. c. 43. f. 104. And if the Offender have no Goods to defray the Charges then the Charge must be born by the Town or Parish where the Offender was taken which must be done by Tax made by the Constable Churchwardens and two or three other Inhabitants and where there are no such Officers then four of the principal Inhabitants of the Parish must make the Rate which being allowed under the Hand of a Justice of Peace every Inhabitant must pay their proportion according to the said Rate and if any refuse to pay the Constable Tythingman or other Officer by Warrant from a Justice of the Peace may levy the same by Distress and after Apprizement by four oâ— the Inhabitants may sell the same rendringâ— to the Party refusing the overplus if any be 1 Jac. c. 10. And if the Constable or other Officer thâ—â— makes such Distress be sued he may plead Justification and upon a Verdict for the Defendant or a Nonsuit of the Plaintiff he shall recover treble Damages besides Costs of the Suit Purveyance See Carriages Chap. 7. fol. 23. CHAP. XXVIII The Constables Office about Quarter Many for Maimed Soldiers Prisoners c. THE Constables and Churchwardens are to levy by Distress and Sale of the Offenders Goods such Mony as is rated upon any Person within their Constablery for the Relief of poor maimed Soldiers and Mariners rendring the overplus to the Owner 43 Eliz 3. Wingates Stat. Tit. Captains and Soldiers And this Mony so collected is to be paid quarterly to the High Constable of the Hundred ten days before every Quarter Sessions or else the Constable and Churchwardens their Executors c. forfeit twenty shillings And the High Constable is to pay in the Collection Mony to the Treasurers appointed by the Justices every Quarter Sessions or otherwise he his Executors c. forfeits 40 s. which forfeitures are to be levied and employed by the Treasurer for the encrease of their Stock for the uses aforesaid 43 El. c. 3. Wingates Stat. Tit. Captains and Soldiers The High Constables are to make Quarterly Payment at every Sessions unto the Collectors appointed by the Justices of all such Sums of Mony as are raised in every Parish and paid to them by the Churchwardens or Constables for the Relief of the poor Prisoners in the Goal under pain of five pounds 14 El. c. 5. Wingates Stat. Tit. Prison and Prisoners The Constables and Churchwardens are to levy by Distress and Sale of the Offenders Goods so much Mony as is rated upon any Person within their Parish for the Relief of the Prisoners in the Kings Bench and Marshalsey and also of Hospitals and Almshouses and Relief of the Poor within their County rendring the overplus to the Owner and for want of such Distress the Justice of Peace may commit the Party to Prison there to abide till it be paid without Bail or Mâ—inprize which Mony the Churchwardens are to pay to the High Constable ten days before the end of every Quarter Sessions and if the Churchwardens their Executors c. fail to pay this Mony they forfeit ten shillings and if the High Constable his Executors c. fail to pay the Treasurers of the County the same Mony at the Quarter Sessions they forfeit twenty shillings which Forfeitures the Treasurers may levy by Distress and Sale as aforesaid and the Monies to be imployed to the uses aforesaid 43. Eliz. c. 2. Wingates Stat. Tit. Pâ—â— People Dalt J.P. c. 53. fol. 135. CHAP. XXIX The Constables Office about Popish Recusants POpish Recusants above Sixteen years of aâ—â— shall within forty days after their convictâ—on repair to their usual dwelling and not remoâ—â— above five Miles from thence on pain to forsâ—â—â— all their Goods and Lands and Annuities duriâ—â— Life and if they have no certain Abode thâ—â— are they to repair to the Place where they weâ—â— Born or where their Father and Mother dwelâ— and within twenty days after their arrival theâ— to give their Names in Writing to the Ministeâ— Constables and Headboroughs which Minister to enter them in a Book to be kept for that purpose and he together with the said Constable and Headboroughs are to certifie the same to the next Quarter Sessions where the Justice of Peacâ— must cause the same to be inrolled 35 Eliz. c. â— Wingates Stat. Tit. Crown The Constables and Churchwardens of everâ— Parish or the one of them if there be not such then the High Constables of the Hundreâ— there are once every year to present at thâ— General Sessions of the Peace the monthly absence from Church of every Popish Recusant and the Names of their Children being above the Age of nine Years abiding with their said Parents and of their Servants together with the Age of their Children as near as they can know them on pain to forfeit respectively for every such default twenty shillings which Presentment the Clerk of the Peace or Town Clerk shall Record without
is a Rout. And if they do act any such thing indeed then it is a Riot CHAP. XXXII The Constables Office about Rogues and Vagabonds THE Constable Tythingman or Headborough assisted by the Minister and one other of the Parish is to see or do it himself Rogues and Vagabonds which shall be taken begging stripped naked from the Middle upwards and openly whipped till their Body be bloody and then forthwith to be sent away from Parish to Parish or Tything to Tything the next streight way to the place of their Birth and if that cannot be known then to the plaâ—e where they last dwelt by the space of one whole year before such punishment and if that cannot be known then to the Town through which they last passed unpunished and when they come there if it cannot be discovered where they were born or last dwelt as aforesaid then are they by that Constable to be conveyed to the House of Correction or common Goal of that County to be imployed in Work or placed in some Service and so to continue by the space of one year or in case they be not able in Body that Town is to keep them till they may be placed in some Almshouse within the same County 39 Eliz. c. 4. Wingates Stat. Tit. Vagabonds Resolu Judges sect 717. Bolst 2 part Rep. fol. 258. After such punishment the Vagabond is to have a Testimonial under the Hand and Seal of the Constable Tythingman c. and the Minister of the place testifying the day and the place of his punishment the place to which he is to be â—onveyed and the time limited for his passage â—hither which time if by his own default he â—xceeds he shall incur the like punishment â—rom time to time till he arrive at the place â—â—mited The substance of the Testimonial is â—o be entred by the Minister in a Register Book which he is to keep for that purpose on pain of 5 s. Dalt f. 129. The Form of a Testimonial for conveying a Rogue or Vagabond W. W. a sturdy vagrant Beggar aged about forty years tall of stature red haired and long lean visaged and squint-eyed was this 24th day of A. in the 22th year of the Reign of Our Gracious Sovereign Lord King Charles the Second c. openly whipped at T. in the County of G. according to the Law for a wandering Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next streight way to W. in the County of B. where he confesseth he was Born and he is limited to be at W. aforesaid within twelve days now next ensuing at his peril Given under the Hands and Seals of C.W. Minister of T. aforesaid and of J.G. Constable there the day and year aforesaid A Justice of Peace alone may under his Hand and Seal make such Testimonial Lambert 206. If any Constable Tythingman or Headborough be found negligent in the due execution of the Act of the 39th of Eliz. aforesaid he forfeits ten shillings for every Default And such Persons as shall hinder the Execution of tâ—â— Law upon Rogues forfeit five pounds and 〈◊〉 to be bound to the Good Behaviour And iâ— Constable refuse to receive a Rogue and to coâ—vey him or her to the next Constable or if 〈◊〉 do receive him and not convey him to the neâ—â— Constable he forfeits five pounds and may 〈◊〉 bound to the Good Behaviour 39 Eliz. c. Dalâ—on c. 47. fol. 128. Resolu Judges sect 1â— 14. Every Person shall apprehend or cause 〈◊〉 be apprehended such Rogues as he shall 〈◊〉 or know to resort to his House to beg or râ—ceive any Alms and him or them shall carâ—â— or cause to be carried to the next Constable 〈◊〉 else shall forfeit for every such Default 〈◊〉 shilling and the Constable is to whip and coâ—vey such Rogues as before is directed on pâ—â—â— of twenty shillings 1 Jac. c. 7. Dalt c. 47. fâ—â— 128. Resolu Judges sect 13 14. Two Justices of Peace one of the Quoâ—â—â— by Warrant under their Hands and Seals mâ—â— cause to be levied by Distress and Sale of thâ— Offenders Goods all the Fines and Forfeiture aforesaid after Conviction of the Party which must be either by Confession of the Party 〈◊〉 Proof of two Witnesses before the said Justices 39 Eliz. c. 4. Dalt c. 47. fol. 149. 1 Jâ—â— c. 7. Constables or Tythingmen neglecting tâ—â— search for Rogues upon the Justices Warrant or to appear at their Meeting to give an account what Rogues have been punished or sent to the House of Correction or if they neglect to convey such to the House of Correction as by Warrant are to be sent thither they are liable to such Fine as the Justices please not exceeding forty shillings 7 Jac. c. 4. Any Justice of the Peace may reward any Person or Persons who shall apprehend and bring before him any Rogue Vagabond or sturdy Beggar by granting to such Person a Warrant under his Hand and Seal to the Constable or Tythingman of the place through which the Rogue did pass unapprehended ordering the said Constable c. to give such Person two shillings for every Rogue so taken And if the Constable c. refuse to pay it the Justice of the Peace may proceed against such Officers according to the Stat. 1 Jac. 7. and compel him to pay his Forfeiture by the said Statute and to allow the said two shillings out of the said Forfeiture to such Person with such further Allowance for loss of time as the Justice shall think fit 1 Jac. 7. 14 Car. 2. c. 12. If any Person shall apprehend any Rogue at the Confines of any County which passed through any Parish of another County unapprehended then the Person so apprehending such Rogue must carry him to some Justice of Peace of the County through which he passed unapprehended who upon a Certificate under the Hand of some Justice of Peace of the County where such Rogue was apprehended is to grant his Warrant to the Constable c. to pay two shillings as aforesaid which if he refuse or neglect then the Justice is to proceed against the Constable c. and cause him to pay ten shillings to the Party or so much thereof for loss of time as the Justice shall think fit 14 Car. 2. c. 12. And also That whereas Constables Tythingmen c. are at great Charges in Relieving carrying with Passes and conveyinâ— Rogues c. all Constables Tythingmen c. so out of Purse with the Churchwardens as Overseers of the Poor and other Inhabitanâ—â— of the Parish may make a Rate and tax 〈◊〉 the Inhabitants of the Parish which aâ—â— chargeable by the 43 of Eliz. which Rate moâ—â— be confirmed under the Hands and Seals oâ— two Justices of the Peace And if any Persoâ— refuse to pay his Rate then the Constable 〈◊〉 Warrant from two Justices of Peace may Jeâ—â— the same upon the Goods of the Party refusing rendring them the Overplus if
Chief Officer of the City Borough c. before whom the Offender â—s convicted by View Confession or Oath of â—one Witness shall give Warrant to the Constaâ—les or Churchwardens to seize the Goods â—â—ried or put to sale and to sell them and to â—evy the other Penalties by distress and sale of Goods and in case of inability c. to set the Offenders in the Stocks for two hours the Penalties to be to the Poor of the Parish where the Offence â—s committed saving that the Justice or Head Officer may reward Informers the Reward not exceeding a third part of the Penalties But Prosecution must be made upon this Act within â—en days after the Offence committed 29 Car. 2. c. 7. Dressing of Meat in Families Inns Cooksâ—hops c. and crying of Milk before nine in the Morning or after four in the Afternoon are not prohibited by this Act 29 Car. 2. c. 7. No Writ Process Warrant c. shall be served on the Lords day except for Treason Felony or Breach of the Peace but the Service shall be void and the Party serving it shall answer Damages as if done without Warrant 29 Car. 2. c. 7. CHAP. XXXIV The Constables Office about profane Swearing IF any Person or Persons shall profanely Câ—â—â— and Swear for every time so offending theâ— forfeit twelve pence the Offence to be proâ—â— within twenty days after it is committed 〈◊〉 the Oath of two Witnesses or by Confession the Party before any Justice of Peace or Hâ—â— Officer of any City or Town Corporate wâ—â— thereupon may issue out their Warrant to thâ— Constables and Churchwardens and Overseâ—â— of the Poor of that Parish where the said Offenâ—â— shall be committed and the said Constables oâ— are to levy the Sum and Sums of Mony by 〈◊〉 stress and sale of the Offenders Goods rendrâ—â— the overplus if any be to the Owner 21 Jâ—â— c. 20. 3 Car. 1. c. 4. Wingates Stat. Tit. Sweariâ—â— Dalt J.P. c. 55. f. 138. Note Where no Distress is to be had thâ— Offender if above twelve years of Age shâ—â— by Warrant as aforesaid be set in the Stocâ—â— three whole hours but if the Offender be â—â—der the Age of twelve years and shall not forth with pay the said Sum of twelve pence per Oath then he or she is to be whipped by the Constableâ— or by the Parent or Master in the Constable presence 21 Jac. c. 20. 3 Car. 1. c. 4. Dalt J.P. c. 55. fol. 138. CHAP. XXXV The Constables Office about Tobacco Planting ALL Sheriffs Justices of Peace Mayors Bailiffs Constables and every of them â—pon Information or Complaint made to them 〈◊〉 any of them by any of the Officers of the â—ustoms or by any other Person or Persons â—hatsoever that there is any Tobacco set sown â—anied or growing within their Jurisdictions 〈◊〉 Precincts except such as is growing in any â—hysick Garden of either University or in any â—â—her private Garden where the quantity of â—round planted exceeds not one half of one â—â—ble in any one Place or Garden they are withâ—â— ten days after such Information or Complaint 〈◊〉 cause to be burnt plucked up consumed or â—â—terly destroyed all such Tobacco so set sown â—anted or growing 12 Car. 2. c. 34. And if any Person or Persons shall resist or â—ake forceable opposition against any Person or â—ersons in the due execution of this Office as aâ—vesaid every Person or Persons for every such â—ffence shall forfeit the Sum of five pounds to 〈◊〉 recovered in any Court of Record and be so committed to the Common Goal of the â—ounty where the Offence was committed there 〈◊〉 remain without Bail or Mainprize until he â—â—e or they do enter into Recognizance to his â—ajesty his Heirs and Successors with two suffiâ—â—ent Sureties in ten pounds Penalty not to do 〈◊〉 commit the like Offence again 12 Car. 2. c. 34. â—â— Car. 2. c. 7. And now by the Stat. 22 23 Car. 2. It further provided That the Justice of Peace 〈◊〉 a month before every Quarter Sessions 〈◊〉 Warrants to High Constables Petty Constablâ— and Tythingmen to make search what Toâ—â—â—â— is then sown planted or made and by whoâ—â— and to make Presentment thereof in Wriâ— upon Oath at the next Quarter Sessions whâ—â— Presentment shall be a conviction in Law 〈◊〉 less the Party having ten days notice before 〈◊〉 Sessions traverse the same there and find Sâ—â—â—ties to prosecute his Traverse the next Quarâ—â—â— Sessions after such Traverse entred 22 〈◊〉 Car. 2. c. 26. Constables Tythingmen and other pubâ—â—â—â— Officers shall from time to time within fourtâ—â—â— days after Warrant from two or more Justiâ—â— of Peace calling to them such as they find câ—â—venient destroy all Tobacco planted or grâ—â—ing in any Ground If such Tobacco be 〈◊〉 consumed fourteen days after receipt of 〈◊〉 Warrant such Constables Tythingmen or otâ—â—â— Officers respectively shall forfeit five shilliâ—â— for every Rod so set or planted c. and pâ—â—portionably for a greater or less quantity 〈◊〉 moiety to the King the other to him that â—â—t sue for the same 22 23 Car. 2. c. 26. Persons refusing to assist the Constable â— being convicted before two Justices of Peacâ— shall forfeit five shillings to be levied by distrâ—â—â— and sale of Goods and for want thereof shall 〈◊〉 committed for a week And Persons forcâ—â—â—â— resisting any Constable c. being convicted aforesaid shall forfeit five pounds to be levied aforesaid and in default thereof shall be coâ—mitted for three months 22 23 Car. 2. c. 26. Physick Gardens and Gardens for Chirurgery â—xcepted as in the former Acts. Persons sued â—or acting in Pursuance of any of these three Acts of Parliament may plead the General Issue â—nd give the special Matter in Evidence This Act is to continue nine years and from thence â—o the end of the Session of Parliament then next â—nsuing 22 23 Car. 2. c. 26. Continued 1 Jac. 2. for seven years and from â—hence to the end of the next Session of Parliament CHAP. XXXVI The Constables Office about Weights and Measures ALL Cities Boroughs and Market Towns in England ought to keep common Weights and Measures sealed at which the Inhabitants may weigh freely and all Foreiners must pay for every Draught under forty pounds one Farthing for a Draught between forty and an hundred an Half-penny and for a Draught between an hundred and a thousand one Penny wherewith the Weights are to be maintained and the Officers which attend that Service are to be rewarded at the discretion of the Inhabitants 8 H 6. c. 5. Every City which wants such Weights and Measures forfeits 10 l. to the King every Borough 5 l. and every Market Town 40 s. and the chief Officers of such places upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings Subjects taking for the marking of every Bushel one Penny and none ought to 〈◊〉 with any other Weights and Measures but sucâ— as
are marked or sealed 8 H. 6. c. 5. 11 H. â— c. 4. The Mayors and chief Officers in Cities â— are once every year at least to view all Meâ—sures and Weights in their Jurisdictions 〈◊〉 to break or burn such as they find defective and to punish the Offenders for the first Oâ—fence six shillings eight pence for the seconâ— thirteen shillings four pence and for the thiâ—â— Offence twenty shillings and besides 〈◊〉 adjudge the Offenders to the Pillory â—1 H. â— c. 4. CHAP. XXXVII The Constables Office about Watches A Watch is to be kept in every Town Parish Village and Tything every nighâ— from Ascension till Michaelmas from Sun-set to Sun-rise which the Constables c. must constantly cause to be set and that by two oâ— four Men according to the greatness of the place 13 Edw. 1. c. 4. Dalt c. 60. f. 140. Pâ—ulâ— Watch. 1. These Watchmen are to apprehend and examine all Strangers that pass by them in the Night and if they find cause of suspition 〈◊〉 them then they may secure them till the Morning and if the Parties refuse to obey the Watchmen they may levy Hue and Cry to take them and upon their resistance the Watchmen may justifie the beating of them and set them in the Stocks or Cage till Morning and â—hen if no suspition be found in the Parties â—hey may let them go but if there be found suspition in them then the Watchmen may deâ—iver them to the Constable or Tythingmen c. who is to convey them before a Justice of Peace who after Examination of them may bind them over commit or acquit them as he shall see cause These Watchmen are also to apprehend all such as ride or go armed and all Rogues Vagabonds Noctivagants Night-walkers Evesdroppers Scouts and such like 1 Dalt c. 60. fol. 140. 5 Ed. 3. 14. 5 H. 7. 5. These three particulars following have been held for Law concerning Watches viz. Dalt J.P. c. 60. fol. 141. 1. The Watchmen must be Men of able Body well and sufficiently armed and no Man is compellable to watch unless he be an Inhabitant within the same Town or Parish where he is required to watch 2. Such as are Inhabitants within the Town are not compellable to watch at the will of the Constable but only when their turn comes according to the use and custom of the place which is most commonly by Turn or House 3. It hath been held by some That if a Man who is compellable to watch shall contemptuously refuse to watch upon command of the Constable that in such case the Constable might ex Officio set the Party in the Stocks for his contempt Dalt ibid. But the safest way is for the Constable 〈◊〉 present such Person for his Default at the Assisâ— or Sessions of the Peace or else to complâ—â—â— of him to a Justice of the Peace who 〈◊〉 bind the Offender to the Good Behaviour aâ—â— so over to the next Quarter Sessions there 〈◊〉 answer c. CHAP. XXXVIII The Constables Office about Executing Warrants THE Constable or other sworn Officers whom any Warrant shall be directeâ— and delivered ought with all speed and seâ—â—â—cy to seek and find out the Party and then 〈◊〉 execute his said Warrant A known sworn Officer be he Sheriff Uâ—der Sheriff Bailiff or Constable c. need not to shew his Warrant to a Man when 〈◊〉 comes to serve it upon him though he dâ—mandeth it but if the Justice will direct 〈◊〉 Warrant to his Servant or to another whâ— is no sworn Officer to serve it they mâ—â—â— shew their Warrant to the Party if he demanâ— it or otherwise the Party may make resistance and needs not to obey it Bro. Faux Iâ— pris 23. A sworn and known Officer if he will noâ— shew his Warrant yet he ought to declare to the Party the Contents thereof upon serving it Co. 6.54 9.68 An Officer giveth sufficient notice what he is when he saith to the Party I Arrest you in the Kings Name c. and in such case the Party at his peril ought to obey him though he knoweth â—im not to be an Officer and if he have no â—awful Warrant the Party gieved may have â—is Action of False Imprisonment against him â—o 6.69 If a Constable or other Officer do arrest a Man for the Peace or the like before he hath â—ny Warrant and then afterwards doth proâ—ure a Warrant or a Warrant cometh after to â—im to arrest the Party for the same cause â—he first Arrest was unlawful and the Officer is â—able to an Action of False Imprisonment Dyer â—44 Stat. 43 El. c. 6. Where a Warrant is granted against I. H. the Son of T. H. and the Officer thereupon arresteth I. H. the Son of W. H. although in truth he â—e the same Person that offended and against whom the complaint was made yet this Arrest is wrongful and the Officer is subject to an Action of False Imprisonment 10 E. 4. fol. 12. â—r False Impris 38. If a Constable or any other Person hath arrested a Man by virtue of his Warrant which he hath from a Justice of the Peace and then taketh his Word that he will come to him again at another time to go with him to the Justice according to his Warrant and so latteth the Party go who comes not again at the time appointed it seems the Officer cannot afterwards arrest or take him again by force of his former Warrant because this was done by the consent of the Officer but if the Party arrested had escaped of his own wrong without the consent of the Officer the Officer may take him again and again upon fresh Suit so often as he escapeth although he be out of view or that he fly into another Town 〈◊〉 County Cromp. 214. a. 184. Cro. 53.144 When an Officer hath received a Warrant he is bound to observe and pursue the effeâ—â— of his Warrant in every behalf and particulâ—â— or otherwise his Warrant will not excuse 〈◊〉 of that which he hath done If a Constable or other Officer having lawful Warrant to arrest another and he shâ—â—â— be resisted or assaulted by the Party or by aâ—other Person then may that Officer justifie tâ—â— heating or hurting of such Persons and other upon his request may and ought to aid hiâ— 21 H. 7.39 If a Justice of Peace shall issue our any Waâ—rant for a Matter wherein he hath Jurisdictioâ— although it be beyond his Authority yet it 〈◊〉 not disputable by the Constable or other sâ—â—â— Officer but must be obeyed and executed 〈◊〉 the Constable or other Officer to whom it 〈◊〉 brought As if a Justice of Peace shall seâ—â— forth his Warrant to arrest one for the Peaâ—â— or Good Behaviour without cause the Officeâ— that serves this Warrant shall not be punisheâ— for the executing thereof but if a Justice 〈◊〉 Peace shall make his Warrant to do a thiâ—â— out of his Jurisdiction or in a Cause whereâ—â— the Justice of
have given them an Account of the Burials and Certificates and of their levying the Penalties in pursuance of that Act 30 Car. 2. c. 3. Now if the Churchwardens or Overseers or any of them shall refuse to make and yield a true and perfect Account to the said Justices of all such Mony and of all such Stock as aforesaid any two Justices Quor unus may commit them to the common Gaol there to remain without Bail till they have made a true Account and satisfied and paid to the new Overseers so much of the said Sum or Stock as upon the said Account shall be remaining in his or their Hands c. And if they make a false Account they may be bound over to the Assizes or Sessions and there an Indictment may be preferred against them Dalt J.P. c. 73. f. 154. Also if any of the Churchwardens or Overseers shall refuse or deny to pay or deliver over to the new Overseers the Arrearages Sums of Mony or Stock which shall be in their Hands and due and behind upon their Account to be made as aforesaid any two such Justices of Peace may make their Warrant to the present and subsequent Churchwardens and Overseers or any of them to levy the same by distress and sale of the Offenders Goods rendring to the Parties the overplus and in default of such distress any two Justices of the Peace may commit him or them to the common Goal there to remain without Bail until payment or delivery of the said Sum Arrearages and Stock be made 42 El. c. 2. Dalt J.P. c. 73. f. 154. If any such Stock shall be in the Hands of any of the Poor to work and such Poor shall refuse to deliver the same two such Justices may make the like Warrant to levy the same by distress and for lack thereof may commit such Offenders to the Goal as aforesaid Dalt J.P. c. 73. ibid. And for these aforesaid and all other Negligencies of the Churchwardens and Overseers in the Execution of their Office about the Poor c. every of them for every Default he makes forfeits 20 s. which Default must be proved either by the Offenders own Confession or by Examination of Witnesses and it is to be levied by the new Churchwardens and Overseers or one of them by Warrant from two Justices as aforesaid by distress and sale of the Offenders Goods and for want of Distress two such Justices may commit Offenders to the Goal there to remain without Bail till the said Forfeitures shall be paid which said Forfeitures are to be imployed to the use of the Poor of the said Parish Dalt J.P. c. 73. f. 155. 43 El. c. 2. CHAP. VI. The Overseers Duty about Weights and Measures and Burying in Woollen THere shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places Priviledged as without and every Measure of Corn shall be striked without Heap And whosoever shall keep any other Weight Measure or Yard whereby any Corn Grain or other thing is bought or sold shall forfeit for every Offence five shillings being thereof convicted by the Oath of one sufficient Witness before any Justice of Peace or Head-Officer of the City Town or Place where the Offence is done to be levied by the Churchwardens or Overseers of the Poor of the Parish to the use of the Poor of the said Parish by Distress and Sale of the Offenders Goods and for want of Distress to be Imprisoned without Bail until payment And all Persons upon Suit against him or them for any thing done upon this Act to plead the General Issue and give the Act in Evidence and to have treble Costs if unjustly vexed Dalt J.P. c. 112. f. 246. 17 Car. 2. c. 19. No Corps shall be buried in any thing other than what is made of Sheeps Wool only or be put into any Coffin lined or faced with any thing made of any material but Sheeps Wool on pain of the Forfeiture of five pounds 30 Car. 2. c. 3. An Affidavit under the Hands and Seals of two Witnesses or under the Hand of the Magistrate or Officer before whom it was sworn for which nothing shall be paid must be brought to the Minister within eight days after the Party is interred that he was not buried contrary to this Act which shall be taken before some Justice of Peace Master of Chancery Ordinary or Extraordinary Mayor Bailiff or other chief Officer of the City County Borough c. where the Party was buried And if no such Affidavit be brought the Minister shall give notice thereof under his Hand to the Churchwardens or Overseers of the Poor who within eight days after shall repair to the Chief Magistrate in any Town c. if buried there else to a Justice of Peace who upon Certificate thereof from the Minister c. shall grant a Warrant for levying the Forfeiture by distress and sale of the Goods of the Party deceased or in default thereof of the Persons Goods in whose House the Party died or the Goods of any that had a Hand in putting such Party into any Shroud Coffin c. contrary to this Act or that ordered the same And if such Person were a Servant and died in the Masters Family the Masters Goods to be liable And if such Person died in his Parents Family the Parents Goods to be liable One Moiety of which Forfeiture shall be to the Poor of the Parish where the Party is buried the other to him that shall sue for the same 30 Car. 2. c. 3. Ministers Churchwardens and Overseers Justices of Peace or Chief Magistrates neglecting their Duty aforesaid shall forfeit five pounds for every Offence to be recovered by Action of Debt Bill Plaint c. wherein the Prosecutor shall recover his full Costs so as the Suit be commenced within six months after the Offence committed one fourth part of the Forfeitures to the King two fourth parts to the Poor of the Parish where the Offender dwells and one fourth part to the Informer 30 Car. 2. c. 3. Every Minister shall keep a Register of all Burials and Affidavits And where no Affidavit is brought as aforesaid shall enter a Memorial thereof against the Name of the Party interred and of the time when he notified the same to the Churchwardens or Overseers of the Poor And the Overseers when they give up their Accounts at the Sessions or to any two Justices at their monthly Meetings shall give an account of the Name and Quality of every Person interred since their former Account and of such Certificates and of their levying the Penalties and of their disposal thereof on pain of five pounds to be levied by distress and sale of Goods by Warrant from the said Justices or two of them and their Accounts shall not be allowed till they have accounted for their Burials 30 Car. 2. c. 3. No Penalty shall be incurred where the
Deputies under their Hands and Seals to search for and seize all Arms in the custody and possession of any Person or Persons whom the said Lieutenants or their Deputies shall judge to be dangerous to the Peace of the Kingdom and to secure the same and give account thereoâ— to the said Officers but such search is to be made in the day-time only between Sun rise and Sun set and not otherwise unless it be in Cities and their Suburbs Towns Corporateâ— and Market Towns or Houses within the Billâ— of Mortality in which places search may be in the night if the Warrant so direct No dwelling house of any Peer of the Realm iâ— to be searched unless the Warrant be from the Kings Majesty under his Sign-Manual or in the Presence of the Lieutenant or one of the Deputy Lieutenants of the said County oâ— Riding And in all Places and Houses aforesaid where search is made in case of Resistance to enter with force and such Arms so seized where the Lieutenants or their Deputies or any two of them think fit may be restored to the Owners again 14 Car. 2. c. 3. The Constables by Warrant under the Hand and Seal of the Lord Lieutenant or any three or more of the Deputy Lieutenants are to levy such Sums Forfeitures Penalties and Payments as shall be charged upon any Person or Persons within their several Liberties for the furnishing of Arms Horse or Foot or Payment of Soldiers 14 Car. 2. c 3. 15 Car. 2. c. 4. And where sufficient Distress cannot be had then the Lord Lieutenants and their Deputies by like Warrant to the Constable may commit such Offender to prison until he shall make satisfaction according to the said Forfeiture Payment or Penalty ibid. CHAP. V. Articles which the High Constables are to return the Justices at their Sessions or their Monthly Meetings of the Divisions and to cause their Petty Constables c. in their several Liberties to make Return thereof unto them 1. THey are to return the Names Sir names Additions of Names and Qualities of all Popish Recusants as well House-keepers as Lodgers dwelling or residing in any of their said Parishes Liberties or Precincts 2. Such Persons as shall continue Drinking or Tipling in any Inns or Alehouses at any time and more especially upon the Lords Day or Holy Days and such Persons as they shall find Drunk and all such Inn-keepers and Alehouse-keepers as shall entertain them 3. Item the Names of such as shall prophanely Swear or Curse with the number of their Oaths immediately after the committing such Offence inform the next Justice thereof 4. Item they are to return such Victuallers or Alehouse-keepers as use Victualling or selling of Beer and Ale without License 5. Item such Persons as suffer any unlawful Games to be suffered in their Houses Backsides or Gardens and also the Names of such as shall play at any of the said Games 6. Item such Persons as refuse or neglect to do their Duty of Watching and Warding 7. Item such Persons as divide their Houses into several Tenements and such as do entertain Inmates who may be an Annoyance to their Neighbours or likely to bring charge upon the Parish 8. Item the Defaults of Petty Constables aâ— Tythingmen c. for not causing Rogues Vâ—gabonds and Beggars to be duly apprehenâ—ed punished and passed according to tâ—â— Statute 9. Item all Masterless Men and Women â—â—ving at their own Hands such as are Idle aâ—â— will not Labour and can give no good aâ—count how they get their Living all suspiâ—â—ous Persons Whores Noctivagants or Nighâ— walkers and Mothers of Bastards which mâ—â—be chargeable to the Parish 10. Item the Names of such Persons as â—â—fuse to take Apprentices poor Parish Childrâ—â— to Husbandry or other Callings according 〈◊〉 Law 11. Item all such as neglect to make dâ—â—â— Rates and Collections for the Relief of the Poâ—â— in every Parish and that cannot or do not giâ—â— a just account of the Imployment of the Reâ—â— and Stock of the Poor 12. Item of the Defects in the High Way and Bridges with the Names of such as shouâ—â— repair them and have neglected or refused 〈◊〉 do their Duty herein 13. Item such Scavengers as neglect to 〈◊〉 their Office in cleansing the Streets to be kepâ— clean within their Liberties and the Name of such Persons as commit common Annoyances by laying of Dung Soil Dirt or Ashes 〈◊〉 the Street 14. Item the Names of all such Persons 〈◊〉 refuse to pave the Streets before their Houses where the said Streets have usually been paveâ— formerly 15. Item the Names of all such Persons as â—eep any Hogs to the common Annoyance of â—is Majesties Subjects in or about such Liberâ—â—es Places and Precincts where Hogs ought â—ot to be kept 16. Item all such Bakers as put light Bread 〈◊〉 sale and the Weight thereof and such â—rewers as sell Beer or Ale to unlicensed Alehouse-keepers all Forestallers Regrators and â—â—grossers of any Corn Grain Butter Cheese â—acon or any other kind of dead Victuals â—hatsoever 17. Lastly All such Persons as can prove or â—â—stifie any of the said Offences are to be warnâ—d to appear before the said Justices at their â—essions or Meetings aforesaid to testifie their â—nowledge of such Offences of which they can â—â—ve Information CHAP. VI. The Constables Office about Foreign Bone-Laces Cut-work Imbroidery c. and French Goods THE Constables upon Warrant to them directed from the Justices of Peace or Chief Officers of the Cities Towns Corpoâ—ate c. are to search within their respective Counties Cities Towns c. in the Shops â—eing open Ware-houses and Dwelling-house â—f such Person or Persons who shall be suspected to have any Foreign Bone-Laces Cut-works Imbroideries Fringes Bandstrings Butâ—ons or Needle-works make of Thred Silk or â—ny or either of them made in the Parts beyond the Seas and where they find any sucâ—â—â— to seize the same 14 Car. 2. c. 13. No French Wine Vinegar Brandy Linâ—â—â— Cloth Silks Salt Paper or any Manuâ—â—ctures made of or mixed with Silk Threâ—â—â— Wool Hair Gold or Silver or Leather â—â—â—ing of the Product or Manufacture of any 〈◊〉 Dominions of the French King shall after 〈◊〉 24th of August 1689. during the Term of thâ—â— Years or before the end of the first Session Parliament next after the expiration of 〈◊〉 said three Years to be imported into Englaâ—â— Wales or Town of Berwick or Isles of Jersâ— Guernsey Alderny Sark or Isle of Man miâ—â— or unmixt with any Commodity of the Pâ—â—duct of any other Country such Importâ—â—â—on and vending the said Commodities impoâ—â—ed contrary to this Act being by the 〈◊〉 Act declared a common Nusance And suâ—â— Goods are to be seized and carried inâ—â— his Majesties Ware-house and if upon 〈◊〉 Information into the Exchequer the Juâ—â— find that they are French Goods Judgmeâ—â— shall be That the Wines and Brandy shall 〈◊〉 staved and spilt in some River Stream or Sâ—â— near the place where they were seized
Essoign â—rotection or Wager of Law shall be allowâ—d And in case any Person or Persons shall resume to take upon him or them to impress â—ny Horses Oxen Cart Wain or Carriages for â—is Majesty's Service other than the Person so â—mpowered then he or they so offending â—â—all upon due Conviction of the said Offence â—â—cur and suffer the Punishment contained in â—â—e Act of 12 Car. 2. And it is further Enacted That the High â—onstable or Constables the Mayor Bailiff 〈◊〉 other Chief Officer who shall be required â—y this Act to warn the said Carts and Carâ—â—ages as in the said Act directed do make a â—eturn in Writing to the Clerk or other Ofâ—â—cer of the Carriages of the Names and Places 〈◊〉 Abode of every such Person who is so â—arned to bring in his Cart or Carriage to â—â—e intent it may be known in case of any â—â—llure who is in default and the said Conâ—â—ables and other Chief Officer or Officers apâ—ointed by this Act to warn in the said Carâ—â—ages as abovesaid may be discharged and â—â—demnified and the Defaulters punished as â—n this Act is provided 14 Car. 2. c. 20. For providing Carriages by Land and by Water for the use of his Majeâ—â—y's Navy and Ordnance Two or more Justices of the Peace by Warrant from the Lord High Admiral of England or two or more 〈◊〉 the principal Officers or Commissioners of thâ— Navy or the Master of his Majesty's Ordnance or the Lieutenant of his Ordnance are tâ— provide Carriages with Horses and Oxen oâ— of the Country not being above twelve Milâ— distant from the place of lading the Owneâ— of which Carriages or their Servants are 〈◊〉 receive twelve pence a Mile for every Load 〈◊〉 Timber and eight pence a Mile for every Tâ—â—â— of other Commodities And all such Persons 〈◊〉 neglect or refuse to make their appearance uâ—on Oath thereof made before the Justices bâ— the Constable or two Witnesses the Persoâ— refusing or neglecting forfeits twenty shillingâ— to be levied by Distress and Sale of his Goodâ— by Warrant from the said Justices Mayor 〈◊〉 other chief Officer or from the principal Oâ—ficers or Commissioners of his Majesty's Navâ— or Master or Lieutenant of his Majesty's Orâ—nance rendring to the Owner the overplus 〈◊〉 any be first deducting the Charge of Distraiâ—ing No Horses c. or Land-Carriage shall 〈◊〉 forced to travel more days-journy from the place where they receive their Lading nor bâ— compelled to continue longer in the Employment than the said Justices shall appoint anâ— that ready Mony be paid to the Parties in hanâ— at the place of Lading according to the Ratâ— aforesaid Stat. ibid. The said Act of 14 Car. c. 20. 13 c. 8. are 〈◊〉 continue until the end of the first Session of thâ— next Parliament and expired but revived bâ— 1 Jac. 2. for 7 years from June 21 1685. and 〈◊〉 continue to the end of the first Session of the next Parliament CHAP. VIII The Constables Office about Irish Cattel 〈◊〉 any great Cattel Sheep or Swine or any 〈◊〉 Beef Pork or Bacon except such as is the necessary Provision of the respective â—â—â—ps or Vessels in which the same be brought 〈◊〉 exposing the same or any part thereof 〈◊〉 sale shall by any wise whatsoever be â—â—â—â—ported or brought from Ireland or any â—â—â—er Part beyond the Seas into the Kingâ—â—â— of England Dominion of Wales or Town 〈◊〉 Berwick upon Tweed in such case the â—â—â—stable Tythingman Headborough Churchâ—â—â—dens or Overseers of the Poor or any of â—â—â—m within their respective Liberties Paâ—â—â—es or Places may take and seize the same 〈◊〉 keep the same during the space of â—â—â—nt and forty hours in some publick or â—â—â—venient place where such seizure shall be â—â—de within which time if the Owner or â—â—ners or any for him or them shall make â—ppear unto some Justice of Peace of the â—â—e County where the same shall be so seiâ—â—â— by the Oath of two credible Witnesses â—â—t the same were not imported from Ireland from any other Place beyond the Seas exâ—â—â—t the Isle of Man then the same upon 〈◊〉 Warrant of such Justice of Peace is to be â—â—â—ivered to the Owner or Owners without deâ—â—â— 18 Car. 2. c. 2. But in default of such Proof and Warrant â—n the same to be forfeited and one half â—â—reof to be disposed to the use of the Poor of the Parish where the same shall be so fouâ—â— and seized and the other part thereof to 〈◊〉 or their own use that shall so seize the samâ— 18 Car. 2. c. 2. Such Cattel as are imported from the Iâ—â—â— of Man before excepted into England are not to exceed the number of six hundreâ— in one Year and they are to be of no othâ—â— Breed than of the Breed of the Isle of Maâ— and all to be landed at the Port of Chester 〈◊〉 some of the Members thereof and not elsâ—where 18 Car. 2. c. 2. This Act was to continue for seven Yeaâ—â— and from thence to the end of the first Sesâ—â—on of the next Parliament And is now by tâ—â— Statute of 32 Car. 2. c. 2. revived and maâ—â— perpetual But these former Remedies not proving effectual for the prevention of the Transpoâ—â—ing of the Cattel aforesaid it is further prâ—vided That whensoever and as often as 〈◊〉 shall happen either through any fraudâ—lent Agreement or unfaithful Connivence 〈◊〉 any Constable Headborough Tythingmâ—â— Churchwarden or Overseer of the Poor 〈◊〉 that it shall happen any otherwise howsoevâ—â— that any great Cattel Sheep Swine Beâ—â—â— Pork or Bacon after the first Seizure 〈◊〉 them or any of them by Virtue of the aforâ—said Act shall be driven brought carriâ—â— into or found in any other Parish or Placâ— than where the same shall be first seized 〈◊〉 aforesaid That then and so often and froâ— time to time it shall and may be lawful 〈◊〉 and for the Constable Tythingman Headbâ—rough Churchwarden or Overseer of tâ—â— Poor of every or any such other Parish or Place where such great Cattel Sheep Swine Beef Pork or Bacon shall be brought driven or carried into or found as aforesaid to seize â—ake and dispose of the same and every or any of them as forfeited The one Moiety thereof to the use of the Poor of such other Parish or Place where such Seizure shall be made the other to the use of such Officer or Officers who shall seize the same as aforesaid any other or former Seizure or Seizures in any other Parish or Parishes Place or Places notwithstanding Stat. 20 Car. 2. c. 7. And now by the Statute of 32 Car. 2. c. 2. â—t is further provided That any Person may make such Seizures as well as the Constables or other Officers or Inhabitants And that to prevent fraudulent Seizures and Compositions the Seizors shall within six days after Conviction and Forfeiture cause the said Cattel Sheep and Swine to be killed and the â—ides and Tallow shall be to the Seizor and â—he Remainder to be
to such Place where the seizure shall 〈◊〉 made 13 Car. 2. c. 11. All Officers belonging to the Admiralty Caâ—tains and Commanders of Ships Forts Castlâ— and Block-houses and all Justices of Peace Maâ—ors Sheriffs Constables and Headboroughs anâ— other the King's Majesties Officers and Subject whatsoever whom it may concern are to bâ—aâ—ding and assisting to all and every Person aâ—â— Persons which are or shall be appointed by hâ—â— Majesty to manage his Custom and if the Officers of the Customs or any acting in aid of them shall be sued indicted prosecuted or molested such Persons their Heirs Executors and Administrators may plead the General Issue and give the several Acts relating to the Customs or any of them in Evidence in any of his Majesty's Courts of Justice 14 Car. 2. c. 11. The Stat. of 12 Car. 2. c. 19. about Customs was â—o continue but to the end of the first Session of â—he next Parliament and is now expired CHAP. XII The Constables Office about Setting-Dogs c. THE Constable Tythingman or Headborough of any place upon a Warrant â—nder the Hands and Seals of two or more Juâ—â—ices of the Peace hath power to search the â—ouses of any Persons suspected to keep Setâ—ing-Dogs or Nets for the taking of Pheasants â—â—r Partridges and the Dogs and Nets there â—ound to take carry away detain kill destroy â—nd cut in pieces 7 Jac. c. 11. Dalt J. P. c. 37. â—ol 90. But they cannot search the Houses of any who have Free Warren or any Lord of any Mannor or such as have 40 l. per ann or more â—n Free-hold or some Estate of Inheritance â—or 80 l. per ann for Life or be worth in Personal Estate 400 l. These may keep Nets and Dogs to take Pheasants or Partridges in their own Ground Stat. idem Dalt ibid. CHAP. XIII The Constables Office about Escapes and Arrests IF a Constable or any other Officer which hath a Prisoner in custody for Felony or Suspicion thereof voluntarily letteth or suffereth the Prisoner to go where he will at liberty though this be breaking of Prison yet it 〈◊〉 Felony in the Goaler Constable or him thâ— letteth such Prisoner escape but it is no Felonâ— in the Prisoner but if such a Prisoner she escape by the Negligence of his Keeper anâ— against his Will and Knowledge then it is Felony in the Prisoner because a Breach of Prâ—son and the Goaler or Constable c. shall bâ— Fined by the Judges or Justices for such Escape Dalt J.P. c. 106. fol. 272. Bro. Coron 112 22â— 316 454. Bro. Escape 31 Stamford fol. 32. If a Constable or other Officer shall voluntarily suffer a Thief being in his Custody tâ— go into the Water and drown himself thâ— Escape is Felony in the Constable and the Thieâ— is Felo de se but if the Thief shall suddenly without the assent of the Constable kill hang or drown himself this is then but a negligeâ—â— Escape in the Constable and Fineable as aforesaid Dalt J. P. c. 106. fol. 272. The voluntary letting a Felon escape before he be arrested for the Felony is no Felony iâ— the Party that suffereth him to escape but 〈◊〉 the Constable suffer one to escape whom he knows hath committed a Felony he is finable iâ— it do not make him accessary Dalt ibid. Where a Felony is committed and one is Arrested for the same or Suspicion thereof though the Constable c. shall after have certain intelligence and knowledge that the Party arrested is not Guilty of the Offence yet they may not set the Party at liberty for he must not be delivered but by due course of Law Cromp. 40 44. Dalt J.P. c. 106. f. 275. If a Constable convey a Felon to the Goal and the Goaler will not receive him then the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him until the next Goal-delivery and in such case the Goaler shall be punished by the Justices Dalt J. P. c. 118. fol. 340. The Constable or other Officer that shall Imprison any Felon in the Stocks may lock the Stocks and if need be may also put Irons on the Prisoner and when he conveyeth him to the Goal or to the Justice he may Pinion him or otherwise make him sure so that he cannot escape ibid. CHAP. XIV The Constables Office about Excise THose Officers under the Commissioners of Excise called Gagers are to have the Constable along with them when they enter by night into the Houses of any Brewer Inn-keeper Victualler c. to gage their Coppers Fat 's or Vessels or to take an Account of their Beer Ale Worts Perry Syder Strong-waters Metheglin Mead Coffee Chocolate Sherbet or Tea brewed made or distilled in the said Houses 12 Car. 2. c. 23 24. Such Persons as shall be convicted before the Justices of Peace or Commissioners of Excise of any Offence and Forfeiture within the Acts for Excise the Constables upon Warrant to them directed from the Justices of Peace are to levy the Penalties upon the Goods of the Offenders by distress and sale thereof rendring the overplus to the Owners and for want of Distress they are to carry the Party to the Goal there to remain till satisfaction be made 12 Car. 2. c. 23 24. The Constables are also upon Warrant to them directed to summon all Alehouse-keepers c. to appear before the Commissioners of Excise at such days and places as shall be appointed in the said Warrant from time to time CHAP. XV. The Constables Office about Fish THE Constables and Churchwardens by Warrant from any one or more Justices of the Peace where any Offence is committed in destroying the Spawn and Breed of Fish along the Sea-shore or in any Haven or Creek or within five Miles of the Mouth of any Haven or Creek by Fishing with Nets of less Mesh than three Inches and an half between knot and knot are to levy the penalty by distress and sale of the Offenders Goods rendring the overplus to the Owners the penalty is ten shillings and forfeiture of their Nets 3 Jac. c. 12. Wingatts Abr. Stat. Tit. Fishers and Fishing The Justices of Peace of the Counties of Worcester Salop and Gloucester upon their own knowledge or upon information that any Person hath made use of any Net Engine or Device in the River of Severn whereby any Salmon Trout oâ— Barbel under the length appointed by the Stat. of 1 Eliz. shall be taken or killed or hath fished with any Net for Salmon Salmon-mart Salmon-pâ—al Pike Carpe Trout Barbel Chub or Grayling the Mesh whereof is under two Inches and a half square from knot to knot allowing to each Mesh four knots or above twenty yards in length and two yards in breadth or above fifty yards in length and six yards in breadth in the wing of the Net in the said River from Ripplelochelake to Gloucester Bridge or above sixty yards in length below Gloucester
Fee on pain of forty shillings Wingates Stat. Tit. Crown 3 Jac. ch 4. If the Minister Petty Constable and Church-wardens of any Parish or any two of them shall complain to any Justice of Peace of any Person justly suspected for Recusancy then any such Justice may tender the Oath of Allegiance to the Person so suspected and if he refuse to take it and be of the Age of eighteen years or above then the Justice may commit the Party to the Goal there to remain until the next Assises or Sessions of the Peace and if then the Party refuse again he incurs a Praemunire but if it he a Woman Covert she shall only be imprisoned there to remain without Bail till she take the said Oath Wingates Stat. Tit. Crown Dalt J. P. c. 45. fol. 108. 7 Jac. c. 6. 1 W. and M. No Papist or Reputed Papist refusing to make and suscribe the Declaration enjoyned by 30 Car. 2. and the Oaths enjoyned in an Act for removing and preventing all Questions c. about the Assembling and Sitting of this present Parliament shall at any time after the 15th day of May 1689. have or keep in his own Possession or in the Possession of any other to his use or at his disposition any Horse or Horses above the value of five pounds to be sold and that two or more Justices of the Peace by Warrant under their Hands and Seals may and shall Authorise any Person or Persons with the Assistance of the Constable or his Deputy or the Tythingman or Headborough who are required to be aiding and assisting to search for and seize for the usâ— of their Majesties and their Successors all such Horses CHAP. XXX The Constables Office about distraining for Rent BY 2 W and M It is Enacted That from and after the first day of June 1690. Where any Goods or Chattels shall be distrained for any Rent reserved and due upon any Demise â—ease or Contract whatsoever and the Tenant or Owner of the Goods so distrained shall not within five days next after such Distress taken and notice thereof with the cause of such taking left at the Chief Mansion House or other most notorious Place on the Premisses charged with the Rent distrained for replevy the same with sufficient Security to be given to the Sheriff according to Law That then in such case after such Distress and notice as aforesaid and expiration of the said five days the Person so Distraining shall and may with the Sheriff or Under Sheriff of the County or with the Constable of the Hundred Parish or Place where such Distress shall be taken who are hereby required to be alding and assisting therein cause the Goods and Chattels so distrained to be appraised by two Sworn Appraisers whom such Sheriff Under Sheriff or Constable are hereby impowered to swear to appraise the same truly according to the best of their Understandings and after such Appraisement shall and may lawfully sell the Goods and Chattels so distrained for the best Price can be gotten for the same towards satisfaction for the Rent for which the said Goods and Chattels shall be distrained and of the Charges of such Distress Appraisement and Sale leaving the Overplus if any in the Hands of the Sheriff Under Sheriff or Constable for the Owners use And that it may be lawful for any Person or Persons having Rent arrear and due upon any such Demise Lease or Contract as aforesaid to seize and secure any Sheaves or Cocks of Corn or Corn loose or in the Straw or Hay lying or being in any Barn or Granary or upon any Hovel Stack or Rick or otherwise upon any part of the Land or Pound charged with such Rent and to lock up or detain the same in the place where the same shall be found for or in the nature of a Distress until the same shall be replevied upon such Secuâ—ity to be given as aforesaid and in default of Replevying the same as aforesaid within the time aforesaid to sell the same after such Appraisement thereof to be made so as nevertheless such Corn Grain or Hay so distrained as aforesaid be not removed by the Person or Persons distraining to the Damage of the Owner thereof out of the Place where the same shall be found and seized but be kept there as impounded until the same shall be replevied or sold in default of replevying the same within the time aforesaid And that upon any Pound-breach or Rescous of Goods or Chattels distrained for Rent the Person or Persons grieved thereby shall in a special Action upon the Case for the Wroâ—â— thereby sustained recover his and their treble Damages and Costs of Suit against the Offender or Offenders in any such Rescous or Pound-breach any or either of them or against thâ— Owners of the Goods distrained in case thâ— same be afterwards found to have come to hâ—â— use or possession And it is provided That in case any such Distress and Sale as aforesaid shall be madâ— by virtue or colour of this present Act fâ—â— Rent pretended to be arrear and due wherâ— in truth no Rent is arrear or due to the Person or Persons distraining or to him or theâ—â— in whose Name or Names or Right such Distress shall be taken as aforesaid that then thâ— Owner of such Goods or Chattels distraineâ— and sold as aforesaid his Executors or Administrators shall and may by Action of Trespass or upon the Case to be brought againstâ— the Person or Persons so distraining any or either of them his or their Executors or Administrators recover double the value of the Goods or Chattels so distrained and sold together with full Costs of Suit CHAP. XXXI The Constables Office about Riots and Routs SHeriffs Constables and all other the Kings Officers shall suppress Rioters and imprison them and all other Offenders against the Peace 27 R. 2. c. 8. Where three Persons or more shall come and assemble themselves together to the intent to do any unlawful Act with force or violence against the Person of another his Possessions or Goods as to kill beat or otherwise to hurt or to imprison a Man to pull down a House Wall Pale Hedge or Ditch wrongfully to enter upon or into another Mans Possession House or Land c. or wrongfully to cut or take away Corn Grass Wood or other Goods or to hunt unlawfully in any Park or Warren or to do any other unlawful Act with force or violence against the Peace or to the manifest Terror of the People if they only meet to such a purpose or intent although they shall after depart of their own accord without acting any thing yet it is an unlawful Assembly because of their Intention at first Bro. Tit. Riot 4 5. Co. 2 Part Institutes fol. 176. Dalt J. P. c. 85. fol. 217. And if after such Meeting they shall ride move or go forward towards the execution of such Act whether they put their intended purpose in execution or not this
any remaiâ— thereof 14 Car. 2. c. 12. All these Persons hereafter named are accounted and adjudged Rogues Vagabonds anâ— sturdy Beggars That is to say All such Persons above the Age of seven years Man oâ— Woman Sole or Covert that wander from their usual place of Abode abroad every where begging or if they do not beg yet 〈◊〉 they wander and loiter about without a lawfuâ— Pasport and give no good account for their Travel are accounted Rogues 39 Eliz. c. 4. 17. 43 Eliz. c. 2. 1 Jac. c. 7. 21 Jac. c. 28. 7 Jac. c. 24. 5 Eliz. c. 4. Dalt c. 47. fol. 123 124 125. All Scholars and Seafaring men which beg wandring Persons that use unlawful Games subtil Craft or Plays or pretending themselves to have skill in Physiognomy Palmistry or the like or to be Fortune-tellers or Figure-casters All Proctors Patent-gatherers except for Fire Collectors for Goals Prisoners or Hospitals wandring abroad Fencers Bearwards those are Rogues in Grain common Players of Interludes and Fidlers or Minstrels wandring abroad All Juglers Hocus Pocus and Slight of Hand Artists Tinkers Pedlars and Petty Chapmen and Glass-men wandring abroad especially if they be not well known or have not a sufficient Testimonial all counterfeit Egyptians not being Felons all Persons delivered out of Goals which beg for their Fees or otherwise do travel begging such as go to â—or from the Bâ—ths and do not pursue their License Soldiers and Mariners that beg and counterfeit a Certificate of their Commanders All Labourers which wander abroad out of the Parish and refuse to work for Wages reasonably taxed having no living otherwise to maintain themselves and such as go with a General Pasport which is not directed from Parish to Parish All these are accounted Rogues Vagabonds and sturdy Beggars All Servants that depart out of their Service viz. out of one City Town or Parish to another or out of one Hundred or County to serve in another without a Testimonial or with a false one and such Persons as are sick of the Plague and wilfully go abroad in Company against the command of Officers are to be punished as Vagabonds but none are to be sent to the place of Birth or last Habitation but wandring Rogues Those which beg in their own Parish or in High ways withoâ—â— the appointment of the Overseers are to bâ— sent to the House of Correction A Wife and Children under seven years 〈◊〉 Age being vagrant must be placed with thâ— Husband and if the Husband be dead theâ— with the Wife where she was born or lâ—â— dwelt and vagrant Children above seveâ—â—â— years of Age must be sent to the place 〈◊〉 their Birth and if the Vagrant Parents whâ—â—â— their Children under seven years of Age 〈◊〉 placed at the place of Birth of the Parents 〈◊〉 at the place of Dwelling if afterwards thâ— Parents or either of them die or run away yet the Children once settled must remaâ—â— there still and may not be sent to the place 〈◊〉 their Birth though afterwards they attain tâ— the Age of seven years 39 Eliz. c 4. Dalt J. P c 47. fol. 135. Resolu Judges sect 4 5. The Wife being but a vagrant Rogue oughâ— to be sent to her Husband though he be bâ—â— a Servant in another Town or Parish and thâ— Rogue whose place or dwelling cannot be knowâ— having Wife or Children under seven years 〈◊〉 Age they must go with the Husband to the place where they were last suffered to pass through unpunished where the Children musâ— be relieved with the Work of their Parents though their Parents be committed to the House of Correction CHAP. XXXIII The Constables Office about keeping the Sabbath THE Constable by Warrant from a Justice of Peace or the Chief Officer of any â—ity Borough or Town Corporate under â—heir Hand and Seal against such as use unlawful â—ames on the Sabbath-day as Bull-baiting Bear-â—aiting Enterludes or other unlawful Exercises â—ithin their own Parish or out of their own Paâ—â—sh at any such Sports whatsoever may levy the â—enalty of three shillings and four pence by â—istress and Sale of the Offenders Goods renâ—ring the overplus to the Owners and in deâ—ult of Distress the Constable is to set the Ofâ—enders in the Stocks by the space of three hours Note That the Party offending in these Games must be questioned within a month after the Ofâ—ence committed 1 Car. 1. c. 1. Dalt J.P. c. 23. â—ol 63. If any one on the Sabbath-day keep or be â—resent at any Wrestling Shootings Bowlings â—inging of Bells for Pleasure Mask Wake Church Ale Dancing Games Sport or Pastime whatsoever they forfeit five shillings if he or â—he be above fourteen years of Age and if unâ—er that Age then twelve pence by him that â—ath the Government of the Party to be levied by Sale and Distress by the Constable by Warrant from a Justice of Peace or Chief Officer â—s aforesaid and for want of Distress to be set â—hree hours in the Stocks And every Carrier going with his Horses on this day or Wagoner Carrier or Waynman going with any Wagon Cart or Wayn or Drover with his Cattel forfeâ—â— twenty shillings for every Offence to be leviâ—â— also by Distress and Sale of his Goods if he 〈◊〉 questioned within six weeks after the Offenâ—â—â— done but there must be but one twenty shâ—â—lings forfeit for one Journy although they pâ—â—â— through several Parishes and this twenty shâ—lings that Parish shall have where the Distreâ—â—â— is first taken 3 Car. 1. c. 1. Dalt c. 50. â— 134. And if any Butcher by himself or any for hiâ— shall kill or sell any Victuals upon the Loâ—â— day he forfeits six shillings and eight pence 〈◊〉 be levied by the Constable by Distress and Sâ—â—â— as aforesaid upon Warrant from a Justice Peace c. the Offence to be questioned wiâ—â— six weeks after it is committed and the Partâ—â— to be convicted before any Justice of Peace Mayor or Head Officer c. upon their owâ— view proof of two Witnesses or more or tâ—â— Parties own confession and the Justice Mayor c. may reward the Informer with the this part of the Penalty 3 Car. 1. c 1. Dalt J.P. c. 5â— fol. 134. All Laws in force concerning the Observation of the Lords day shall be put in Execution none shall do any Work by Labour or Business that day Works of Charity and Necessity only excepted and the Offender if of the Age 〈◊〉 fourteen years or upwards shall forfeit finâ—â— shillings none shall cry or expose to sale 〈◊〉 Wares that day on pain to forfeit them 〈◊〉 Drover Horse-Courser Waggoner Butcheâ—â— Higler or their Servants shall travel on the Lords day on pain to forfeit twenty shillings no Person shall travel on that day with any Boaâ—â— Wherry c. except on extraordinary occasion â—o be allowed by a Justice of Peace or Head Officer of the place c. on pain to forfeit five shillings 29 Cap. 2. c. 7. The Justice of Peace or
Peace is no Judge if the Officâ—â— shall serve such a Warrant here he is punishable for the Officer is not bound to obey him who is not Judge of the Cause no more thaâ— a meer Stranger for the Officer is bound 〈◊〉 take notice of the Authority and Jurisdiction 〈◊〉 the Judge 14 H. 8.16 Br. Faux Impris 8. Co. 10 26. Cromp. 74. But if any Justice sends his Warrant to a Constable or any other Officer to bring him to answer all such Matters as shall be objected against him and doth not specifie the Cause in his Warrant wherefore he issued forth the same this Warrant is unlawful and the Officer is liable to an Action of False Imprisonment if he executes it So if a Justice of Peace send a Warrant to take one for Cozenage to take and bring to a Justice or to Goal one that another doth suspect for Felony where the Matter is small or the Suspition slight or to license a petty Chapman to sell from House to House to send a poor Body to a place otherwise than the Law directs such kind of Warrants are not Warrantable All Warrants not specifying the Cause are utterly against Law Cooks Inst. part 4. Tit. de Frangent Prison Except for Treason or Warrants from the Council Secretaries of State or Lord Chief Justice these need not set forth the Cause for Reasons of State If any Man shall contemn or abuse the Justice of Peace his Warrant as by casting it into the Dirt or treading it under his Feet c. such Offender may be bound to his Good Behaviour for it and be indicted and fined it being a contempt against the Kings Process Cromp. 144. THE Churchwardens OFFICE CHAP. I. The Antiquity of the Churchwardens Office and how they are to be chosen THE Antiquity of the Office of a Church-warden when they first received that Title is very uncertain but some are of Opinion that it was about eighty seven Years after Britain had received the Christian Faith which most Historians do agree was planted here in the Reign of King Lucius in the Year of Christ CLXXX who is hitherto stilled the first Christian King of this Isle and that Dionysius In the Year CCLXVII did divide both in Rome and other places to Bishops their Dioceses and Parishes Churches and Churchyards to Priests Vicars and Curats whether at that time or how long after Churchwardens were instituted is not certainly known But all Authors do agree that they are very ancient Officers that these Churchwardens of Parishes are at the Common Law taken in the manner of a Corporation 12 H. 7. ult that 〈◊〉 to say Churchwardens at the Common Law are persons enabled by that Name to take Moveable Goods or Chattels and to sue or be sued at the Law concerning such Goods for the use and profit of their Parish And they are to take care see to and preserve the Goods of the Church viz. The Church-Books Communion Cups c. and other decent Ornaments and Furniture of the Church which they do find there at their coming into their Office In the Book of Constitutions and canons Ecclesiastical agreed upon in the Synod begâ—â— at London Anno Dom. 1603. and in the first Yeaâ— of King James it is appointed that Church-wardens Questmen Sidemen or Assistants 〈◊〉 every Parish shall be chosen by the joynt Consent of the Minister and the Parishioners if iâ— may be but if they cannot agree upon such a choice then the Minister shall chuse one and the Parishioners another and without such a joynt or several Choice none shall take upon them to be Churchwardens neither shall they continue any longer than one Year in that Ofifice except they be chosen again in like manner and they are to be yearly chosen in Eastâ—â— Week Canon 89 90. But notwithstanding this Canon where there is an ancient Custom in any Parish for the choicâ— of Churchwardens contrary to the Canon in sucâ— case the Custom is to be observed before thâ— Canon as shall be instanced in several cases here after mentioned If the Parishioners of a Parish have used time out of mind c. to chuse one Church-warden and the Parson or Vicar another and afterwards a Canon is made that the Vicar shall elect two and he do so accordingly and the Parishioners elect one according to their Custom and the Ordinary disallows him and confirms the other two chosen by the Vicar in this case a Prohibition shall be granted The Parishioners Case of Rovenden in Kent Rolls Cases part 2 f. 287. Pas 5 Jac. B. R. A Prohibition was granted against a Church-warden chosen by the Parson of St. Magnus by London Bridge by force of a Canon upon a Surmise that the Parish had a Custom to chuse two Churchwardens Trin. 7 Car. 1. B.R. between Shirley and Brown Rot. 1391. Rolls 2 part fol. 287. Warners Case B. R. Pas 17 Jac. The like was granted against a Churchwarden chosen by the Parson of St. Alhallows London Pas 5 Jac. Cro. 2 part Rep. The Case of the Parishioners of Walbrook London Pas 15 Car 1. B.R. The like against a Church-warden chosen by the Parson of St. Thomas in London Cro. 3 part Evelyns Case Pas 4 Car. 1. B.R. Rot. 420. Rolls Cases 2 part fol. 287. The like granted between Draper and Stone for Abchurch in London An Attorny cannot be made a Churchwarden but if he be put in and refuse and be sued in the Spiritual Court he may have a Prohibition Wilsons Case Pas 14 Car. 1. B. R. Bakers Case Trin. 14. Car. 1. B. R. Rolls Cases 2 part f. 272. CHAP. II. The Churchwardens Office about Profanation of the Sabbath and of the Church THE Churchwardens are diligently to set that all the Parishioners duly resort to their Parish Church on Sundays and Holydays and there continue the whole time of Divine Service and none to walk or stand idle or talking in the Church Church-yard or Church porch during that time and all such as shal be found slack or negligent in resorting to the Church having no great or urgent cause of Absence they shall earnestly call upon them and if they amend not after due Admonition they must present their Names to the Ordinary of the place Canon 90. 5 Ed. 6. c. 1. If the Churchwardens find any Person absent from the Church upon Sundays or Holy days in the time of Divine Service Preaching or other Holy Exercise such Person is to pay 12 d. to the use of the Poor And this extends as well to all Women Covert as to other Persons or the Churchwardens may present such Offenders in the Ecclesiastical Court but they must not pay 12 d. and be presented too 1 Eliz. c. 1. Hob. Rep. f. 97. If the Officer find any Tipling in any Inn or Alehouse in the time of Divine Service then they forfeit 3 s. 4 d. more for Tipling besides the 12 d. for being absent from the Church And the Master of the House that
in Folio of the last Translation with a Book of Homilies and Book of Canons and a Surplice If the Tombs Monuments and Gravi-stones be safely kept from removing and breaking A Book of Parchment for Registring Christnings Weddings and Burials c. a Chest with three Locks to put the same and the Church Ornaments in with a Box for Alms and a Table of Degrees prohibiting Marriage hung up in the Church If the Parsonage House and Out-Houses be in good Repair and the Church-yard will fenced to keep out Swine c. II. Whether the Parson Vicar or Curate read the Common Prayer at Morning and Evening Service wear his Surplice bid Days preach every Sunday or read an Homily Catechise observetâ— fifth of November thirtieth of January twenâ—â— ninth of May and second of September 〈◊〉 observe Perambulations or going the Bounds 〈◊〉 Rogation Week preach sound Doctrine and 〈◊〉 no Sedition against the King or Government celâ—brate the Lords Supper three times every Year 〈◊〉 least whereof at Easter for one baptize Infaâ—â— with Godfathers and Godmothers visit the Sick and Pray with them bury the Dead according tâ— the Book of Common Prayer Marry none claâ—â—stinely preach in his Gown be a Man of a fisâ— and chast Life a Peace-maker amongst his Neighbours and one that takes care to reduce Sectarius Recusants Separatists and refractory Persons to the Obedience and Doctrine of the the Church and reads the Book of Canons to the People at leasâ— once every Year and the XXXIX Articles twiâ—â— every Year III. Whether all their Parishioners of due 〈◊〉 resort to the Church to Divine Service bâ—haâ—â— themselves reverently there kneel stand up and make Answer to the Rubrick of the Common Prayâ—â— Book Whether any Work or sell Wares on Sundays or Holydays Or whether Vintners Victuallers Innkeepers or others do receive any to drink iâ— their Houses in the time of Divine Service Whether any Marry within the Degrees forbidden or be Adulterers Swearers Blasphemers Drunkards If any above 16 Years of Age do not receive the Lord Supper three times a Year whereof Easter to be one If any keep their Children unchristned Women that come not to be churched or any bring not their Dead to be buried after the Service of the Church Or if any be married without Banes or License at unlawful hours And whether their Almshouses Hospital School or Spittle if they have any be well and godly used or any thing detained from it What Legacies given to pious uses and if the Parishioners be placed into Pews or Seats without offence or contention IV. Whether their Parish Clerk and Sexton if they have any be duly chosen can Write and Read be of an honest Life and make the Responses to the Hymns and other Suffrages And if the Schoolmaster Physician Chirurgion and Midwife if they have any teach or practise without License If the Churchwardens be duly chosen according to the Canon or Custom And if the old Churchwardens have been diligent to keep the Church in good Repair to preserve all the Furniture thereof and walk out of the Church usually about the midst of Divine Service to see who are abroad in Alehouses or elsewhere absent or evilly imployed These are the Heads of most of the Articles that are inquired of at the Visitation Courts but it is probable there may be some small alteration according to the use of the several Diocesses in several places THE OFFICE OF THE Overseers of the Poor CHAP. I. Of the Antiquity of these Officers of their Qualifications and how and when to be chosen THose to be chosen to this Office ought to be substantial Pâ—rsons Men of Wisdom and a good Conscience they must be Housholders for this Name and Office may beseem the Best and not the meanest Men it being an Office of great Antiquity and Excellency For as God himself hath a special Respect to the Miseries of the Poor so they be like God that provide for the Necessities of the Poor Dalt J.P. 143. The Overseers of the Poor are to be chosen yearly and joyned with the Churchwardens of the Parish in the oversight and ordering of the Poor of the Parish They are to be chosen by two or more Justices of the Peace one whereof to be of the Quorum who are yearly under their Hands and Seals at Easter or within one Month after to appoint four three or two substantial Housholders according to the greatness of the Parish to be joyned with the Churchwardens to look to the Poor of the Parish Stat. 43 Eliz. c. 2. 21 Jâ—â— c. 28. The major part of these Officers without the rest of them may do any thing belonging to their Office But they are to have the allowance and consent either in particular or in general of two Justices of the Peace Quor unus to every thing they do about their Office And these Officers or such of them as shall not be let by just excuse to be allowed by two Justices are to meet monthly in the Church on Sunday after Evening Prayer and there are to consider of some meet directions about their Office and they are to use all possible diligence in their Office on pain to forfeit for every such Default twenty shillings 43 El. c. 2. Wingâ—tes Stat. Tit. Poor People And if it happen that Overseers be not appointed according to the 4â— El. then every Justice of Peace or Head Officer of that Division or Corporation shall forfeit 5 l. to be levied by a Sessions Warrant and imployed to the use of the Poor of the Parishes where such default is made 43 El. c. 2. Wingates Stat. Tit. Poâ—â— People CHAP. II. Of the several sorts of Poor People and what Poor the Overseers are to provide for and relieve or to set to work THere are three sorts or degrees of Poor as first the Poor by Impotency and Defect as the Aged and Decrepit that are past their Labour the Infant Fatherless and Motherless and not able to work the Person naturally disabled either in Wit or Member as an Ideot Lunatick Blind Lame c. not being able to work and the Person visited with grievous Sickness or Disease though casually yet thereby for the time being impotent All these the Overseers are to provide for that they have necessary Relief and Allowances proportionable and according to the continuance and measure of their Maladies and Needs and of these it may be said Si non pavisti occidisti Dalt J.P. c. 73. f. 169. Then secondly The Poor by Casualty as a Person casually disabled or maimed in his Body as the Soldier or Labourer c. maimed in their lawful Callings the Housholder decayed by casualty of Fire Water Robbery Suretiship c. and the poor Man over-charged with Children All these and such like others having Ability and strength of Body but not sufficient Means to maintain themselves are to be set to work by the Overseers and being not able to live by their Work they are in
bound Apprentice to Husbandry or any other Trade theâ—â— he may be bound till 24 years of Age as 〈◊〉 shew'd before in this Chapter CHAP. IV. Several Cases about Settlements and also touching Bastards c. TOuching settling of poor People the Justices are to meddle with none but those who are impotent and such as are like to be chargeable to the place where they are Boulst Rep. 1 part 347. By 13 14 Car. 2. cap. 12. It is Enacted that upon complaint by the Churchwardens â—â—d Overseers of the Poor to any Justice of â—eace within forty days after any poor Person â—ometh to settle in a Tenement under 10 l. â—â—r annum two Justices of Peace whereof one 〈◊〉 be of the Quorum may by Warrant remove â—â—ch Person to the Parish where they were last â—â—gally settled for forty days unless they give â—â—curity to be allowed by the said Justices for discharge of the Parish Persons aggrieved may â—ppeal to the Quarter Sessions But Persons having a Certificate from the â—inister of the Parish and one Churchwarden â—nd one Overseer of the Poor declaring them inhabitants there may go into any Parish to â—ork and the not returning of such Persons â—hen their Work is finished or falling Sick whilst they are at Work shall not be accounted 〈◊〉 Settlement If any return to the Parish from â—hence they are removed a Justice of Peace â—ay send them to the House of Correction to â—â—e punished as Vagabonds or to a publick Work house to be imployed in Labour and if â—â—e Churchwardens and Overseers of any Parish to which any are removed refuse to resolve them and provide them Work c. a â—ustice of Peace may bind over such Officers to â—â—e Assizes or Sessions Churchwardens and Overseers for the Poor â—here any Bastard-Child shall be born may â—ize so much of the Goods and Profits of the â—ands of the Putative Father and Lewd Mother 〈◊〉 two Justices of Peace shall order towards â—ischarge of the Parish to be confirmed at the â—essions who may make an Order for the Churchwardens c. to dispose of the Gooâ— by sale or otherwise as they shall think 〈◊〉 and receive the Profits of so much of theâ—â— Lands as shall be ordered by the Sessions The Poor in every Town-ship or Village 〈◊〉 Lancashire Cheshire Darbyshire Yorkshire Nâ—thumberland Bishoprick of Durham Cumberland and Westmoreland shall be provided for in thâ— Township and Village where they inhabit 〈◊〉 were last legally settled And two or more overseers shall be chosen in every Township c. who shall execute all powers for the Belief of the Poor under the Penalties mentioned in 43 Eliz. c. 2. This Act of 13 14 Car. 2. c. 12. was 〈◊〉 continue no longer than to the end of the first Session of the next Parliament but revived by 1 Jac. 2. c. 17. to continue for seven years anâ— to the end of the first Session of the next Parliament And whereas poor Persons at their first coming to a Parish do commonly conceal themselves the forty days intended by the said Act to make Settlement shall be accounted from the time of their deliveries of notice in wriâ—ing of their House of Abode and the number of their Family if they have any to one of the Churchwardens or Overseers of the Pooâ— of the said Parish 1 Jac. 2. c. 17. No Man but a Vagrant Begger ought to be sent out of any Parish to the place of his Birth or last Habitation for if any refuse to work in the Parish where he is settled or to work for the Wages assessed then he is by the Justiceâ— to be sent to the House of Correction Co. 2 part Inst fol. 730. 7 Jac. c. 4. Resol Judges 9. Dalt â— P. c. 73. f. 157. 39 El. c. 4. 1 Jac. c. 7. If a Scholar in the University or in a Grammar School begin to be suspect he may be or 〈◊〉 he doth become impotent and is like to â—e a Charge to the Parish where he is he must â—e sent to his Parents if he have any otherâ—ise to the place where he was last legally â—â—ttled before he came to School Res Judges 633. sect 32. If one be Born and live 20 years in A. and â—â—en go to B. and there live in a House and pay â—is Rent and after he come to C. and there Works 20 Weeks as a Labourer in a Quarry of â—â—ones where he breaks his Back and becomes â—â—potent and there is taken vagrant and begâ—â—ng in this case he must be sent to A. the â—â—ace of his Birth and there must be provided â—or Res Judges 14 Car. 1. If a Man that hath a Wife and Children take 〈◊〉 House in one Parish for a Year and during â—is time he is illegally forced out of his Possession then he takes an House as Inmate in another Parish out of which he is put within two â—r three days and then not having any place 〈◊〉 be in he gets into a Barn in the third place â—nd there his Wife is delivered of another â—hild In this case they are all to be sent to the â—arish out of which they were first illegally â—â—rced Resol Judges 1633. sect 24. One Born in D. left that place for the space 〈◊〉 20 years then lived in S. took an House and â—â—id Rent and left that place also six or seven â—ears and then came to L. in another County â—nd there was twenty Weeks did Work and there became impotent and did wander at beg in the same place and was taken as a Vagrant and it was ordered he should be passed and settled at D. where he was Born by thâ— Judges at Worcester Assizes 14 Car. 1. Boulst Reâ— 1 part f. 375. No Child under the Age of seven years shaâ—â— be adjudged a Rogue within the Stat. 39 El. c. â— But it seems such Children vagrant and begginâ— must be sent and placed with the Father 〈◊〉 Husband of the Wife and if he be dead theâ— with the Mother where she was born or laâ—â— dwelt by the space of one year and such Children once thus settled or placed must theâ—â— remain and not be sent from thence to theâ—â— place of Birth though after their Parents die or run away or that the said Children groâ— above the Age of seven years yea though thâ—â— said Children after beg and prove vagrant iâ— the Town for there they must be set to laboâ—â— by the Overseers of the Poor Dalt J.P. c. â—â— f. 209. But Children above seven years of Age going about vagrant or begging in the Couâ—try shall be punished as Rogues and sent 〈◊〉 their place of Birth Dalt J. P. ch 83. f. 209. The Wife being a Vagrant Rogue must be sent to her Husband though he be but a Servant in another Town and where the Husband and Wife have an House though as an inmate and either of them Rogue about in this case they are to be sent to the place wherâ— the House is Dalt J. P. c. 83.
Bastard Child and not the reputed Child of such an one and the Justices for the better discovery of the Matter may upon Oath examine the Mother her self concerning the reputed Father the time c. Dalt J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154 245 246 247 388. and see Pridgeons Case Hill 9 Car. 1. B.R. and Slaters Case Pasch 13 Car. 1. B.R. Cro. Rep. 1 part CHAP. V. The Overseers Office in making of Rates and passing Accounts THE Churchwardens and Overseers of the Poor or the greater part of them for the doing and performing of the things they have in charge may raise weekly or otherwise by Taxation of every Parson Vicar and other Occupier of Land House or Tithes Cole-mines or saleable Underwoods within the Parish Town c. such a Sum as they shall think fit and this Rate they must have allowed and confirmed under the Hands of two Justices Quor unus and then by Warrant from them or any other two Justices Quor unus they may levy by distress and sale of the Goods of the Party refusing to pay the said Tax rendring the overplus to the Owners and in default of Distress two such Justices may commit the Party to prison there to remain without Bail till he be discharged by him 43 El. ch 2. Dalt J. P. c. 73. f. 148. Wingates Stat. Tâ—â— Poor People Now these Rates ought to be well and trâ—â— made according to Mens visible Estates real iâ— personal within the place only and not 〈◊〉 any Estate elsewhere at Lincoln Assises 9 Caâ—â— by Justice Hutton and Crook Note That a Parish in Reputation shall be Parish within this Law so that if A. be ancient Parish that hath Officers in it and theâ—â— be a Town within this Parish which for a long time hath been used and reputed as a Parish and hath all Parochial Rights as Churchwardens c. here this place may be rated as tâ— Parish towards the Poor Huttons Rep. fol. 93. 〈◊〉 M. 3 Car. B.R. Hilton Pauls Case Cro. 3 pâ—â— Rep. This Tax must be set upon the Tenants and Occupiers of Lands and not upon the Laâ—â—lords Living within or without the Parish 〈◊〉 the Tenant only is chargeable for the Land Bâ—â—strods 1 part Rep. fol. 354. The Parson having a full tenth Part of the Profits of the Place may be rated to a tenth Part Resol Judges 1633. sect 33. He that doth occupy Lands in his own Hands lying in several Parishes he must be charged in every Parish for his Land lying therein only according to the proportion thereof and 〈◊〉 more but for his personal Estate it seems reasonable he should be charged for it in the place where his Person is All Lands Ancient Demesn Guildable and Copyhold are to be charged with these Rates which ought to be according to the value or by the pound and not according to the quantity Sed consuetudâ— tollit Legem The Rate for Stock or Goods is thought reasonable to be set after the proportion of Lands viz. an 100 pound in Stock to be rated after 5 or 6 pound a year in Land Note That in some special Cases a Man may be rated beyond his Ability as where one brings a Charge upon a Parish or under any pretence brings in a Man that may be chargeable in a Parish he may if there be cause for this be raised in his Rate to the full value of his Estate and so was the Opinion of Sir Nicholas Hide Dalt J.P. c. 73. f. 167. Where the Inhabitants of any Parish are not able to relieve their Poor any two Justices Quor unus may tax other Parishes and Places within the Hundred yea the whole Hundred if need require and where that is not sufficient the Justices in their Sessions may tax the County in part or wholly at their discretion 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People 14 Car. 2. c. 12. If any Persons find themselves aggrieved in any Tax or other-Act done by the Overseers or by the Justices of Peace they are to be relieved at the Quarter Sessions Dalt J.P. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People The Father Grandfather Mother Grandmother and Children of every poor Person shall be assessed towards their Relief as the Justices of the Peace in their Sessions of the Peace in the County where such Father c. dwells shall limit and appoint on pain to forfeit 20 s. a month to the use of the Poor to be levied by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43 El. c. 2. Wingates 〈◊〉 Stat. Tit. Poor People Dalt J.P. c. 73. f. 1â—â— Head Officers in Cities and Corporate Towns and Aldermen of London have in their severaâ— Precincts like Authority that Justices of Peace have in their Counties and no other Justiceâ— of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. If any Parish shall extend into two Counties or part thereof to lie in any City or Corporate Town where they have Justices Then the Justices of every County c. are to intermeddle only within their own Limits and every of them respectively within their Limits are to execute this Law concerning the nomination of Overseers binding of Apprentices granting Warrants to levy Taxations taking Account of Overseers and committing such as refuse 〈◊〉 account or to pay their Arrearages and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up Accounts to the Justices or Head Officers of both Places Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. Dalt J.P. c. 73. f. 156. These Officers within four days after the end of their Year and that other Officers are nominated are to yield up a true Account to two Justices Quor unus of these things following 1. What Sums of Mony they have received or rated and not received 2. What stock of Ware or Stuff is in their Hands or is the Hands of any of the Poor 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. What Poor they have suffered to wander and beg out of their Town or in the Highways or in their Town without their directions 6. Whether they meet monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferent upon all Men according to their Ability 8. Whether they have endeavoured to gather and levy such Assessments 9. Whether they have neglected the Justices Warrants to them or any of them directed for the levying of any Forfeiture according to the Stat. 43 El. c. 2. Dalt J. P. c. 73. f. 153. By the Statute of 30 Car. 2. for Burying in Woollen the Justices are not to allow the Accounts of the Overseers of the Poor until they
and taxed which Collectors receiving the one part of the Roll indented have power thereby to collect all the Sums of Mony therein contained and if refusal be made upon demand then to distrain and sell such Distress rendring the overplus to the Owner if any be Dalt J.P. c. 16. f. ibid. 22 H. 8. c. 5. Co. 2 part Inst f. 705. The said Justices also are to appoint two Surveyors who shall see such decayed Bridges and Ways repaired and amended from time to time as often as need shall require to whose Hands the Collectors must pay the Monies by them received Dalt J.P. c. 16. ibid. 22 H. 8. c. 5. And the said Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of Peace of the Receipts Payments and Expences of the said Sums of Mony and if any of them refuse so to do then the Justices of Peace from time to time by their Discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their Hands and Seals returnable at their General Sâ—ssions of the Peace and the said Justices may allow such reasonable Costs and Charge to the Surveyors and Collectors upon their Accounts as to them shall seem convenient 22. H. 8. c. 5. Dalt J. P. c. 16. ibid. If any such Bridge be wholly in a City or other Corporate Town the Inhabitants of the said City or Corporate Town must repair it and where such Bridges lie out of such City or Corporate Town the same must be made by the Inhabitants of the Shire or Riding within which the same Bridge shall be and if part of the Bridge be in one Shire or Riding City or Corporate Town and part in another then every of them shall be charged to make and repair such part as shall lie and be within their own Limits 22 H. 8. c. 5. Co. 2 part Inst fol. 207. Dalt J.P. c. 16. fol. 45. But otherwise no Village or Freeman shall be compelled to make any Bridge but such as of old time and by right they were wont to make Magna Charta c. 15. By the Common Law some Persons were â—ound to repair Bridges Ratione tenurae suâ— Terâ—â—ram c. and this was binding into whose Hands soever the Estate did come but they which have Lands on the one side or on the other or on both are not bound in Common â—ight to repair the same 44 El. 3. 31. 21 E. 4. â—6 5 H. 7. 3. Crompt 186. 8 H. 7. 5. b. Co. 2 part â— â— f. 700. If a Man which holdeth 100 Acres of Land â—ught to repair a Bridge by tenure of the same 〈◊〉 allen 20 Acres thereof to one Man and 10 â—cres to another Man in such case every Owner 〈◊〉 Occupier of such Lands must be charged â—roportionably for their said Lands Regist 268. o. â— N. B. 235. b. Co. 2 part Inst f. 700. Again Some by the Common Law were bound â—y prescription to repair a Bridge but herein â—here is a diversity between Bodies Politick or Corporate Spiritual or Temporal and Natural Persons For Bodies Politick c. may be bound by usage and prescription only because they are local and have a perpetual Succession and never die but a Natural Person cannot be bound by the Act of his Ancestor without Assets or some Profit to be taken therefore 21 E. 4. fol. 38. b. 27 Ass 8. Crompt 187. Co. 2 part f. 700. Dalt J.P. c. 16. f 45. By Common Right Bridges are to be amended by the whole County if it be not known who ought to do the same otherwise Pasch 19 E. 3. 28 29. Co. 2 part Inst. f. 701. Crompt 186. b. Tr. 10 Car. 1. the Case of Longford Bridge Rolls Cases 1 part f. 368. Cro. Rep. 3 part the same Case If a Man erect a Mill for his own particular Profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings Subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own Benefit 8 E. 2. B. R. adjudged for Bow Bridge and Channel Bridge against the Prior of Stratford Rolls Cases 1 part f. 368. Such as are chargeable to repair a Bridge may enter upon any other Mans Land or Soil adjoyning and lay their Stone Lime Timber or other Things necessary there for the repairing and amending thereof and the Owner of the Lands shall have no Action therefore for it is for the common Profit and the Party that is chargeable to repair a Bridge must also maintain the Way at each end thereof thougâ— the Soil be to another and if the ends be brokeâ— by the Water-course he must follow the Water-course and repair the Way c. Crompt 186. b. 43 Ass Dalt J.P. c. 16. f. 46. The Names of some Statutes for particular Bridges follow 8 H. 6. c. 28. For the making of Burford and Culhamford Bridge 18 E. 1. c. 7. 27 E. c. 25. For the maintenance of Rochester Bridge 18 El. c. 20. For repair of the Bridges within a Mile of Oxford 23 El. c. 11. For the maintenance of the Bridges over Tosse in Wales 39 El. c. 23. For making and repairing of Newport and Carlion Bridges over the River Usk. 39 El. c. 24. For building and maintenance of a Bridge at Wilton upon Wy near Ross in Herefordshire 43 El. c. 16. For erecting and repairing Edon and Presberk Bridges in Cumberland 3 Jac. c. 23. For making and repairing Chepstow Bridge By the Stat. 22 Car. 2 c. 12. It is Enacted That the Surveyors and Orderers of the Work of amendment of the High-ways shall be yearly chosen in Christmas Week according to the Stat. 2 3 P. M. c. 8. Which Persons so chosen shall take upon them that Office and shall appoint six days for providing Stones Gravel and other Materials and for working in the High-ways having respect to the Season of the Year and Weather and giving notice publickly some convenient time before the several days At which day all Persons liable to the said Work shall attend and work And the said Surveyors and Orderers shall make return of the Defaulters and every of them within one Month to some neighbouring Justice of the Peace of the same County DIRECTIONS for the Keepers of Fairs and Markets FAirs are accounted things of Franchise and Priviledge as well as of Profit and whether they be held and claimed by Charter of the King or by Prescription which supposes a former Charter they ought to be holden for no longer time than such Grant or Use will warrant And after such time what is done there is not warranted or justifiable nor amounts to more than a private Transaction and the Sheriff ought
of Lead Tile Slates 〈◊〉 Shingles the Floor with Stone or Paving-Tile the Doors with Locks Keys Ridges Hooâ—â— and Nails the Furniture of the Steeple wâ—â—â— Stairs Floors Bells Wheels and â—opes the Pulpit and the Pews and Seats not made by private Men. These following are to be rated on the inhabitants of the Parish and not upon Out-dwâ—llers viz. The Communion Table and Coverings thereof the Communion Cups the Bread and Whâ—â—â— for the Communicants the Bible and othâ—â— Books appointed to be in Churches the Waâ—â—ing of the Communion Clothes Candles 〈◊〉 Lecture Days the Surplice Pulpit-Cloth aâ—â— Cushion the Clerk and Sextons Wages aâ—â— Expences of the Churchwardens and Sidesmen about the Parish Business By the Statute of 22 23 Car. 2. cap. 17. â—â—tituled An Act for the better Paving and Cleâ—â—sing the Streets and Sewers in and about the City of London it is Enacted amongst otheâ— things That where any Church or Church-yard shall be fronting or adjoyning to any of the Streets Lanes or Passages before mentioned in the said Act the Persons thereby auâ—horized and appointed shall rate and assess a â—easonable proportion thereof upon the Parish â—hereunto belonging the same to be paid by â—he Churchwardens of every such Parish for the â—ime being who are by the said Act required â—o pay the same accordingly in the behalf of the same Parish CHAP. VI. Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor THE Churchwardens are to joyn with the Constables in making of Rates for the Relief of the poor maimed Soldiers and Mariners and for conveying Prisoners to the Goal and to execute Warrants for the same The Churchwardens are to joyn with the Constables in chusing of Surveyors for the High Ways and in the setting down of Days for the Work and in the oversight of the High Constables Account for the Mony they do receive upon any Forfeitures about the High Ways And they may with the aid of two Justices one of the Quorum force High Constables to account for and pay in what Mony they have received forfeited for default of High Ways and to execute the Justices Warrants for the Penalties and Forfeitures about cleansing the Streets and repairing the High Ways 14 Car. 2. c. 2. The Churchwardens and Overseers of the Poor are to execute the Justices Warrant for levying the Penalties of five pounds upon the Parties Goods that is not buried in Woollen which Penalty is to be imployed to the use of the Poor 18 Car. 2. c. 4. The Churchwardens in London Westminster and Borough of Southwark c. upon every Monday or Tuesday in Easter Week together with the Constable Overseers of the Poor and Surveyors of High Ways in every Parish respectively or the greater number of them giving notice or calling together such other Inhabitants of their Parishes as have formerly born the like Offices they or the greater number of them are to make choice of and shall nominate and appoint two or more able Persons that are Tradesmen of their Parish to be Scavengers for the Streets Lanes and other open Passages of each Ward or Division within the said Parish for the Year next following and until others be chosen and settled in their places 2 W. M. CHAP. VII The Churchwardens Office about passing Accounts together with the Heads of most of the things which they are to present in the Visitation Court THE Churchwardens at the end of their Year or within one Month after at the most are before the Minister and Parishioners to give up a just Account of their Receipts and Disbursements and at their going out of their Office they are to deliver up to the Parishioners what Mony or other things of right belonging unto the Church which they have remaining in their Hands that it may be delivered over by them unto the next Churchwardens by Bill indented Canon 89. If the Churchwardens refuse to do this they may be presented at the next Visitation Court for it or the succeeding Churchwardens may bring their Action of Account against them at the Common Law and compel them to it and in this Account they shall be allowed their needful Disbursements and Expences about the Parish Business The Churchwardens Questmen or Sides-men shall not be bound to exhibit their Presentments above once a Year where it hath been no oftner used nor above twice a Year in any Diocess whatsoever except it be at the Bishops Visitation for the which Presentments of every Parish Church or Chapel the Register of the Court where they are to be exhibited shall not receive above 4 d. in one Year under pain of Suspension from the execution of his Office the space of one Moâ—â—â— for every Offence toties quoties But the Churchâ—wardens may voluntarily present oftner if theâ— please Canon 116. No Churchwardens Questmen or Sidesmâ—â— shall be called or cited but only at the time 〈◊〉 times before limited to appear before 〈◊〉 Ecclesiastical Judge whatsoever for refusing 〈◊〉 other times to present any Faults committeâ— in their Parishes and punishable by Ecclesiastical Laws Neither shall they or any of theâ— after their Presentments exhibited at any 〈◊〉 those times be any further troubled for 〈◊〉 same except it evidently appear that they 〈◊〉 willingly and wittingly omit to present soâ—â— publick Crime or Crimes as they knew 〈◊〉 have been committed or could nor be â—gâ—â—rant that there was then a publick Fame 〈◊〉 them or unless there be very just cause 〈◊〉 call them to explain their former Presentmentâ—â— And in case of wilful omission their Ordinarie shall proceed against them in such sort as 〈◊〉 Cases of wilful Perjury in a Court Ecclesiastical it is already by Law provided Caâ—â— 117. One of the two times of Presentments is â—â—ways to be about a Week or Fortnight after Easter at which time also the old Churchwardens are to leave their Office and new oneâ— are to come in but the new ones are not 〈◊〉 be sworn till the old ones have given in the Presentments and every Parson or Vicar 〈◊〉 their Curats in their absence are to joyn 〈◊〉 the Presentment with the Churchwardens â—â— and if the Churchwardens refuse to present then every such Parson and Vicar or in their absence their Curats may themselves present to their Ordinaries at all such times and when else they shall think fit Canon 113 118. The Sum of the Articles usually given to the Churchwardens to make their Presentments upon are these viz. I. WHether their Church and Chancel Bells and Ropes be in good repair and the Ten Commandments Lords Prayer and Creed drawn out in fair Letters the Kings Arms set up Assessments made for the Repair of the Church and Who refuses to pay If they have a Font Communion Table Carpet Table-Cloth Flagons with Cups and Cover for Bread and Wine a Reading Desk a Pulpit with a Cushion and Covering for it a fit Common Prayer Book of the largest Volume the Bible
impose Taxes upon Houses in proportion to the benefit they receive thereby and to levy the same by Distress and Sale of Goods is made perpetual together with the Powers thereby given and appointed to be executed And the sole Powers of ordering and regulating the keeping clear pitching and paving the Streets Lanes and Passages with the manner thereof and of making and cleansing Drains and Sewers in London is to remain in the Mayor Commonalty and Citizens to be executed by such as the Mayor Aldermen and Commons in Common Council shall appoint or seven or more of them being all Members of the said Court. And Persons imployed in any of the said Works are enjoyned to observe the Directions of the Persons in that behalf authorized 22 23 Car. 2. c. 17. Offenders may be proceeded against by Indictment at the next Sessions of the Peace in the said City and Liberties unless they submitted to the Censure of the Persons so authorized or any seven or more of them and pay the Mulct by them imposed to the Chamber of London to be imployed towards the Works in this Act mentioned 22 23 Car. 2. c. 17. The Persons so authorized may impose Taxes on the several Wards and Precincts and direct Precepts to the respective Deputies and Common Council Men to assess the same and like Precepts to Scavengers to collect the same And where any Church or Churchyard shall front or adjoyn to any of the said Streets Lanes or Passages they may assess a reasonable proportion upon the Parish to be paid by the Churchwardens of which Assessments the Deputies and Common Council Men shall return Duplicates with the Scavengers Names within twenty days after receipt of the Precepts And in default of the said Deputies and Common Council Men the said Persons to be authorized may rate the said Assessments And in default of payment within six days after demand the Scavengers may levy the same by distress and sale of Goods rendring the overplus besides the reasonable Charge of distraining And the Mony so collected shall be paid into the Chamber of London not to be issued thence but by order of the said Persons so to be appointed or seven or more of them 22 23 Car. 2. c. 17. Inhabitants aggrieved through defect or decay of Pavements or want of cleansing the Streets c. shall upon proof that such grievance is unreformed receive directions from the Persons so to be authorized or seven or more of them for redressing the same and a Warrant under their Hands and Seals to the Chamberlain of London to issue Monies for defraying the Charge thereof together with any Sum not exceeding ten shillings for encouragement of his or their Diligence who upon receipt of such Warrant shall pay the same accordingly And Persons aggrieved by any Charge imposed by virtue of this Act within five days after demand thereof may appeal to the Mayor and Court of Aldermen whose Order therein shall be final 22 23 Car. 2. c. 17. The Mayor Aldermen and Commons in Common Council may set out and purchase Ground for Laystals and places for publick Stores for receipt of Dirt and Rubbish carried out of the City and for other Materials and Commodities The Mony for the same to be paid out of the Monies arising by the Imposition upon Coals appointed for publick Uses of the City other than the Mony appointed for Building Churches 22 23 Car. 2. c. 17. No Persons by this Act made liable to be rated towards the altering mending or cleansing the said Vaults Sewers c. or cleansing c. Streets Lanes c. shall be otherwise charged or liable thereunto 22 23 Car. 2. c. 17. CHAP. V. Some Heads of the 2 of W. and M. for Paving and Cleansing the Streets in the Cities of London and Westminster Suburbs and Liberties thereof the Out-Parishes in the County of Middlesex the Borough of Southwark and other Places within the Weekly Bills of Mortality in the County of Surrey EVery Inhabitant inhabiting in the said Parishes and in the Town of Kensington shall twice every Week sweep before their Houses and Buildings and take up the Dirt ready for the Scavenger or other Officer or else for every Offence or Neglect forfeit 3 s. 4 d. If any throw or permit to be thrown Ashes Filth or Annoyance before his House Building or Wall shall forfeit 5 s. If before any Church Church-yard or publick Buildings or into any Sink or Way publick or private but shall keep it in their Houses and Yards until the Officers come to carry it away or else forfeit 20 s. Churchwardens House-keepers of White-hall or other the Kings Houses or of Noblemens Houses shall be subject to like Penalty so shall Ushers of Courts and Porters and Keepers of other publick Buildings Scavengers and Officers shall come every day except Sundays and Holidays and give notice that the Parties concerned may bring out their Dust c. or forfeit 40 s. for every neglect Every Housholder shall pave and keep repaired the Streets before their Houses and Ground unto the Channel or else forfeit for every Rod 20 s. and 20 s. every Week until at shall be sufficiently repaired Where new Streets and Ways are made which the Justices of Peace in their General Quarter-Sessions shall think fâ—â— and convenient to be paved with Stone or Gravel and shall order the same to be done before every dwelling House or Building in such Street or Way Every Person neglecting shall forfeit forty shillings for every such Offence for every Perch and after that rate for a greater of lesser quantity and the like Sum for every Week till the same be paved and amended Where Streets Lanes or Allies have been by Custom otherwise repaired it shall be done by such Persons as are by Custom to do it under the Penalties aforesaid Upon Monday or Tuesday in Easter Week The Constables Churchwardens Overseers and Surveyors giving notice and calling such Inhabitants that have served that Office shall chuse two Tradesmen to be Scavengers who being allowed under the Hand of any two Justices shall within seven days take the Office or pay 10 l. and within seven days after such refusal they shall in like manner chuse another who shall accept or pay 10 l. which Penalties to be levied by Distress and Sale and for want of Distress or Payment within six days after notice at his House to be sent to the Goal until payment Within twenty days after such Election the Constables c. shall call such Inhabitants as have born the like Office and make a Tax by a Pound Rate which being confirmed by two Justices shall be quarterly paid upon demand made by the Scavengers or other Officers appointed to gather the same and being refused shall by Warrant of two Justices be levied by Distress and Sale and for want of Distress by Imprisonment of the Offender until payment The Scavengers are to account for the Mony by them Collected
c. 12. Upon complaint to one or more Justices of Peace the Proof shall lie upon the Defendant to make appear by Oath of one or more Witnesses that he or they did sell or buy according to this and the said former Act wherein if he fail he shall forfeit as by this Act is directed to be levied by distress and sale of Goods by Warrant under the Hand and Seal of one or more Justices before whom such Conviction shall be The Penalties to be distributed one half to the Poor of the Parish where the Offence shall be committed the other to the Informer 22 23 Car. 2. c. 12. DIRECTIONS to Treasurers for the Relief of Poor Maimed Soldiers and Mariners THE Justices of Peace are yearly at the Quarter Sessions about Easter to choose or appoint one or two Persons according to their Discretions of the County for the taking and distributing of the Monies collected for the Reâ—ief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the future ought to be Subsidy Men of 10 pounds â—n Lands or 15 pounds in Goods and these Officers are to continue in their Office one Year and new ones then to be chosen in their Rooms 43 El c. 3. Wingates Stat. Tit. Captains Now for the raising of Mony for these Treasurers the greater part of the Justices in their Quarter Sessions have power to charge every Parish within their Limits towards a Weekly â—elief of maimed Soldiers and Mariners so â—hat no Parish pay Weekly above 10 pence nor â—nder 2 pence nor any County which consists â—f above 50 Parishes pay above 6 pence one â—arish with another 43 El. c. 3. When the Tax is levied the Constables and Churchwardens are to deliver it quarterly ten days before every Quarter Sessions to the High Constables of their Division who must deliver to â—he Treasurers of the County at the same Quarter Sessions all the same Mony and if the Constables or Churchwardens their Executors c. fail in the payment to the High Constable within the time aforesaid then they are to forfeit 20 s. and if the High Constable fall to pay the Treasurers every Sessions then he forfeits 40 s. which Forfeitures as it seems the Treasurers may levy by Distress and Sale of the Offenders Goods without any Warrant rendring the overplus to the Owner And these Forfeitures are to go in Augmentation of the Treasurers Stock 43 El. c. 3. The maimed Soldier or Mariner which was Prest shall repair if he be able to Travel to the Treasurers of the County where he was Prest if he were not Prest then to the Treasurers of the County where he was Born or were he last dwelt by the space of three years at his Election but if he be not able to Travel then to the Treasurers of the County where he Lands and he is to bring with him a Certificate under the Hand and Seal of the Chief Commander or of the Captain under whom he served containing the particular of his Hurts and Service which Certificate shall also be allowed by the Muster-Master or the Receiver-General of the Rolls for the Muster under one of their Hands 33 El. c. 3. Then upon such a Certificate the Treasurerâ— aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions anâ— then the major-part of the Justices may alloâ— him a Pension which the Treasurers muâ—â— pay him quarterly until it shall be revoked 〈◊〉 altered by the said Justices and this Allowancâ— is not to exceed 10 l. per annum to a Commoâ— Soldier not 15 l. to an Officer under a Lieutenant nor 20 l. to a Lieutenant 43 El. c. 3 Wingates Stat. Tit. Captains and Soldiers Where Soldiers and Mariners arrive far from the place where they are to receive Relief the Treasurers there shall give them Relief and a Testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtain'd any Allowance from the Muster-Master or Receiver-General of the Muster-Rolls Wingates Stat. Tit. Captains and Soldiers 43 El. c. 3. If any Soldier or Mariner beg or counterfeit a Certificate he shall be punished as a Common Rogue and shall lose his Pension if he have any 43 El. c. 3. Wingate ut supra When out of the County where the Party was Prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or else where he last dwelt by the space of three years Wingate ubi supra 43 El. c. 3. The Treasurers are to Register all their Receipts and Disbursements and must enter the Names of the Parties relieved into their Book and also the Certificate by virtue whereof the Disbursements are made and where they disallow of a Certificate they are to set down the Reasons of their Refusal under the Certificate or on the back thereof 43 El. c. 3. Wingate Stat. Tit. Captains and Soldiers If any Treasurer wilfully refuse to give Relief in the Cases aforesaid the Justices of the Peace in their Sessions may set a Fine upon him which may be levied by Distress and Sale of his Goods Wingate ubi supra These Officers at the end of their Year within 10 days after Easter Sessions are to give 〈◊〉 a just Account to the succeeding Treasurers oâ— all their Receipts and Disbursements within the time of their Office and then if they have any Mony in their Hands they are to deliver it to their Successors and if any such Officer his Executors or Administrators shall not give up such Account within the time aforesaid oâ— shall be otherwise negligent in the Executioâ— of his Office The Justices at the Sessions may assess what Fine they please upon him so thaâ— it be not under five pounds but what theâ— please above five pounds upon him his Executors or Administrators Wingate ubi supra 43 El. c. 3. In Corporations the Justices there are tâ— put this Act in Execution and not the Justices of the County This Act is not to prohibit the City of London to make a Tax if neeâ— require differing from that above limited iâ— this Act so that no Parish pay above thrâ—â— shillings Weekly nor under twelve penâ— Weekly one Parish with another 43 El. c. 3. FINIS