is any probability in it the Constable may search for him and a Constable may Arrest one that is indicted of felony upon his own authoritie If any fly for felony it is the Office of the Constable to seiz his goods for if they should be embezelled he must answer for them therefore it is best to Inventory them with the testimony of his neighbours A Constable may commit any that he shall find in adultery or fornication 1 Hen. 7.7 taking company with him to bear witness and where he hath arrested any or hath in his custody any that ought to be carried to Goal he may raise sufficient strength for his safe carriage or in the interim commit to custody or to the Goal and the Goaler shall have no fee at this reception When a Warrant shall be directed to the Constable 27 Hen. 7.39 stable or any other inferior officer under him he must use all expedition and security for his apprehension requiring him in the Kings name to go with him and if he shall deny he may forthwith commit him to prison resisting or making an attempt to escape may justifie the beating of him and if he is willing to go he may chuse what Justice he will go before but in case it be grounded upon a Writ of Supplicavit the Delinquent is compellable to go before that Justice from whom the Warrant came upon which the Supplicavit is grounded and if he refuseth he may instantly carry him to the Goal and if the party goeth before some other Justice of Peace and puts in bayl in some of the Courts at Westminster whereupon he hath a Supersedeas the Constable or inferiour Officer must presently discharge him keeping the Supersedeas in case he be questioned by the Justice from whom the Warrant issued The 21. Jac. 8. mentions all Supersedeases to be void unless the process of the Peace or good behaviour whereupon such Supersedeas is grounded be granted upon motion in Court with able Sureties toappear to the Judges of the same Court upon oath to be assessed at five pounds land or ten pounds goods in the Subsidy-book the oaths and names and places of such sureties shall be entered and remain of Record in the same Court unless it appears that the Judges from whence the Supersedeas issued doth desire such Supersedeas bona fide by some party grieved in Court from whence it came A Constable must take special care having arrested any man that he doth not wittingly or negligently let him escape look what offence the party escaping is culpable of the same is the Constable or inferiour Officer that apprehends him and it lyes in the power of the Judges to assess what Fine in their discretion they think fit and if the offence be hainous to the value of their goods In London the Constables ought to be assistant to the Colledg of Physitians with seven miles thereof 11 Henry 4.24 Stanf. 35 Physitians for the due Execution of such Statutes as do concern Physitians Apothecaries and Chirurgions as you may read in the Statute of 14 Hen. 8. cap. 4 5.23 Hen. 8.1 A Constable may arrest any Purveyour that shall take any thing from any of the King Subjects unless it be for the Kings houshold and if he neglect his office Purveyour 23 Hen. 8.3.28 Hen. b. ca. 1. he forfeits twenty pounds neither can he take any thing of any person but by the delivery of the Mayor Bayliffe Constable or other such Officer of the place from whence the thing is taken Where any shall take any thing for the Kings house it must be done by Tailes or Indentures sealed between the Owner and the Taker in the presence of the Constable or some other Officer and the Owner to be satisfied for it 10 Edw. 3. ca. 1. No Taker shall take any kind of provisions whatsoever without a Commission and a blank for the County in which the said several things are taken and the prizes thereof shall be written 1 2 Phil. Mar. c. 9. to which the Constable or other Officer shall put his Hand and Seal and make a breviate thereof in writing 10 Edw. 3. cap. 1. containing the provision so taken upon pain of an hundred Marks to give it the Constable or other Officer to deliver it to the Justices at the next Quarter Sessions If a Purveyor shall seize any thing to the Kings use 20 Hen. 6. cap. 8. not exceeding forty shillings and shall not pay ready money for it the owner of the goods taken may retain them the Constable or other inferiour Officer being required ought to aid and assist the party whose goods are taken upon the the penalty of the forfeiture of double the value Every Offender that shall be committed to the common Goal his commitment shall be at his own charge his goods shall be sold and the overplus paid to him 21 Jac. 28.3 Jac. if no goods a tax shall be made by the Constable and Church-wardens and two or three other of the Inhabitants of the Parish where the Offender is taken which being allowed by a Justice of Peace Concerning the conveyning of Offendors to Prison if any that be taxed refuse to pay by warrant from the Justice the Constable or other Officer may distrain and sell the goods rendring the overplus Concerning the executing of the Statute 7 Jac. 4. Beggars Rogues against Vagabonds and Rogues the Justices are to assemble twice a year if occasion be oftner and five days before the Justices may command the Constables and other inferiour Officers of all the Hundreds Tythings and Parishes to search for such persons or any other suspected within their Jurisdictions and Limits and such as shall be found bring to the said Justices if upon examination they shall be found of a loose and idle life by warrant they shall be sent to the House of Correction there to be punished and set on work and the Constables must give an account under the hand of the Minister of the Parish what dissolute persons they have punished or sent to the House of correction and if they neglect their duty the Justices shall fine them not exceeding forty shillings The Church-wardens of every Parish shall levy money for the relief of the Goal Prisoners Prisoners upon the penalty of five pounds to be paid every quarter to the High Constables and they must pay of the same at the next Quarter Sessions to the Receiver that shall be appointed by the Justices at their Sessions upon the like penalty of five pounds High Constables ought to present to the Justices the defaults of Watches the Kings High-wayes that there be no ditches or bushes within two hundred foot on every side of the High-wayes and likewise if any shall lodge Strangers for whom they will not answer by the Statute of Winton and 13 Edw. 1. Upon pain of forty shillings Kings-Bench Marshalsey the High Constable must at
if any offend herein the forfeiture is 3s. 4d. to the use of the poor of the said parish where the offence is committed it is a sufficient conviction if it be done in the presence of any officer or coufession of the offendor or one witness or more upon Oath which the said Justice or any chief officer by this Act is authorized to administer and if any of the said Officers find any person-offending by warrant under his hand and seal to the Constables or Church-wardens of the parish where the offence is done to levy the penalty by distress or sale of Goods rendring the overplus to the offendor in default of distress to put the offend or in the Stocks three hours the offend or must be prosecuted within one month The 3 Car. 1. punisheth all Carriers Carrier or Waggoner Waggoners Carter Wainman or Drover that travels on the Lords day with the forfeiture of 20s. and all Butchers that kill or sell any victuals upon that day lose 6s. 8d. The summes and penalties after conviction before a Justice of peace or any other head-officer by warrant from the Justice may be levyed by the Constable or Church-wardens to the use of the poor where the offence is committed by distress sale of goods rendring the overplus here the conviction shall be by view of the Justice or other head-officer confession or upon oath of two or more witnesses the offence to be prosecuted within six months Of the Sabbath and Holy days BY the Statute of the 2 and 3 of Edw. 6. cap. 19. 1 Car. 1. and and 3 Car. 11. The Constable is enabled to restrain all concourses of people that come out of the limits of their own Parishes for any pastimes whatsoever And that there be not any Bare-baiting Bull-baiting Enterludes Common-plays or unlawful Pastimes on the Lords Day and if any offend herein by the view of one Justice of Peace in the County or the chief Officer in a Corporation by his own confession or one witness upon Oath before one Justice or such an Officer forfeits to the poors use 3. shillings 4. pence to be levyed by distresse and sale of goods of the Offendor by warrant from the same Justice or Officer to the Constable or Church-wardens of the Parish and in case no distress the Offendor is to sit in the stocks 3. hours The prosecution upon this Statute must be within a month of the offence committed and in case the Officer be questioned the General Issue is to be pleaded and any special matter may be given in Evidence 1 Car. 1. The 21 Jac. 7. says Drunkenness all persons that shall be drunk it shall be a conviction upon the view of any Magistrate confession or one witnesse proving the same the forfeiture is 5. shillings to be paid within one week after the offence cōmitted to the Church-wardens of the Parish to the use of the poor in default of payment to be levyed by distress or sale of the offendors goods by warrant from the Justice before whom the conviction was if the offendor is not able to be set in the Stocks 6. hours and if the Constable or other Officer neglect his duty herein in punishing or levying the forfeiture according to the Act he forfeits 10. shillings to the poors use where the offence is committed to be levyed by distress or sail of Goods rendring the overplus to the offendor And all persons that shall continue tiplingin any Inn Victualling-house or Ale-house in the same City Town or Village where he inhabits excepting handy-crafts-men and travellers upon working dayes one hour at dinner labourers and workmen which for following their work sojourn or lodge in such houses other then for urgent occasions allowed by two Justices the same be seen by any Mayor or other Head officer or J. of Peace within their limits or by Oath or two Witnesses but by the Statute of 2 Jac. 5. the Magistrates view his own confession or one witness is sufficient to convict him the forfeiture is 3s 4d to the poor use where the offence is committed to be levied as aforesaid and if the Offendor be not able to pay to sit four hours in the Stocks all these offences are to be presented by the Constables or Church-wardens before the Justices of Assize in their circuits Justices of peace in Sessions Mayors Bailiffs and other Head-officers of Cities and Towns corporate that have power to inquire of trespasses and in Court Leets they that shall be convict the second time shall be bound with two Sureties in Ten pound to be from thence of good behaviour but none shall be punished by this Statute unless he be presented indicted or convicted within 6 months after the offence committed and the oath of him that confesseth the offence shall be a conviction against any that offends at the same time The Constables Oath YOu shall well and truly serve the Kings Majesty in the Office of a Constable and shall see the kings Peace to be well and truly keept to the utmost of your power you shall arrest all such persons as in your presence shall ride or go armed offen sively or shall commit or make any rito affray or other breach of the peace you shall do your best endeavour upon complaint to you made to apprehend all Felons Barretors or Rioters or persons riotously assembled and if any such offenders shall make resistance with force you shall levy Hue ad Cry and shall pursue them until they be taken you shall do your best endeavour that the watch in your town be duly kept that Hue and Cry be duly pursued according to the Statute that the Statute made for punishing vagabonds rogues and night-walkers and such other idle persons coming within your liberties be duly put in execution you shall have a watchful eye to such persons as shall mannage or keep any common house or place where unlawful Games are used or such as shall frequent such places contrary to the Statute And you shall have a care for the maintaining of Archery At your Assizes Sessions or Leet you shall present all the Offences contrary to the Statutes made and provided for the restraint of inordinate haunting and tiplingin Inns Taverns and Ale-houses and other Victualing places for the repressing of Drunkenness and prophane Swearing you shall true presentment make of all Blood-shedding Affrayes Out-cryes Rescues or other Offences committed or done against the Kings peace within your limits you shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace and others who have authority in this County you shall well and truly according to your knowledge power and ability do and execute all other things belonging to the office of a Constable so long as you shall continue in the said office So help you God Who be Rogues by the Statute ALL persons are Rogues above the age of seven years that shall call himself a Schollar Rogues
inhabitants Which if observed would be a great furtherance to the course of Justice throughout his Majesties dominions but it is the common course to put the Office upon the poorest and weaker sort but they are mistaken for all are compellable to serve this Office that shall be constrained to come to the Leet except Sheriff Lawyers and Attournies which are to attend in their several places and vocations and if they should the Law allowes them Writs to discharge them Where one is under 21 years he shall not be compelled to serve nor an old man above 70. years but may sue out his Writ Denon ponend in assisses Jurat vide ff 2 Herb. Nat. br And where a man hath Land in one Hundred and lives in another and is chosen to serve in the place where the Land lyes if he hath no house where his land lyes he shall not serve for they are bound to serve in respect of their resiancy and not in respect of their Land but if he have house in either and lives sometimes at one and sometimes at the other he may be made one at either Leet If there be a man chossen either by Steward of the Leet or by presentment there that is unfit or by one Justice of Peace out of the Sessons the Justices at the Sessions may remove him by their order and a fit person shall be there elected and sworn but if he that is sworn at the Leet be a fit person he cannot be removed by the Justices but by the Lord chief Justice of the Judges of that Circuit by the opinion of all the Justices neither can custome or prescription exempt any man that is so chosen at the Leet And if any man be fit and duly chosen in the Leet he shall be there fined if chosen by one Justice out of Sessions and he refuse to be sworn he may be fined and indicted at the Sessions A Constable may make a Deputy for else how should the place be supplyed in case of sickness or other misfortune but if there be negligence or misdemeanor committed by the Deputy the Constable shall be respondent and answerable for them Yet if the Deputy be a fit person and sworn into the place the Deputy shall answer for himself yet it hath been delivered for Law by the Judges that this is rather a Tolleration then Law High Constables of Hundreds are conservators of the Peace in their Liberties and Precincts by the common Law of England 3 Edw. 4.9 Crompt b. 122.11 Hen. 7. fol. 18. Therefore the High Constables for any affray made at the petty Sessions may imprison the Offendors Cook 11.43 44. In the Limits of their several Towns are conservators of the Peace all petty Constables Virtute Officii Bro. Peace fol. 127. Tit Affray and forcible entry but they cannot take surety of the Peace at the request of any man yet they may ex officio cause such as are in their presence and are about to break the Peace to find sureties for the Peace as well before the affray as after 12 Hen. 7.18 Crom. b. 222. Any man that shall make an affray in the presence of the Constable or Borsholder threaten to kill or beat another or ready in an affray to break the Peace the Constable or Borsholder shall commit them to the stocks or to safe custody and after carry them before a Justice and refusing to give surety may commit them to the Goal 3 Hen. 4.9 10. A Constable cannot take a Recognizance because he is no Officer of Record if an obligation the question is how it shall be certified an into what Court and that if should be inconvenient for to give Constables such authority was the resolution of the Lord Anderson yet there were other justices of opinion that though they could not take bayl nor Recognizance yet they might take surety by obligation for the Peace was preserved by constables long before Justices of Peace but the ancient way of the keeping of the Peace was by Writ out of the Kings Bench or Chancery Where a Constable had found any brake the Peace by the antient common Law it was thus all such Offendors the Constable might imprison in the stocks or at his own house according to the quality of the person until they had been bound by obligation with sureties to the King for the keeping of the Peace which obligation was to be sealed and delivered to the Constable to the Kings use and the Constable was to send it into the Exchequer or Chancery from whence process should be awarded to Levy the Debt if the Peace were broken Vide Finch Ch. 127. Any Constable petty Constables Sheriff Coroner or Justice of Peace may by the ancient common Law arrest or imprison all persons whatsoever that shall be violators of the Peace in any of their presences by virtue of their Offices within their Jurisdictions or Limits but they are to meddle only with affrays assaults or batteries or threatnings to break the Peace and if they be negligent in their Offices may be indicted and fined for the same And if they have committed or bound over any or breach of the Peace they must attend the Goal delivery or Sessions of the Peace to declare offences for which they were bound over or committed The Offices of Sheriffs Coroners Stewards or the Sheriffs Torns of the Leet and of the Court of Pypowders and all Justices of higher courts were long before the conquest Vide Cook 49. pars in Praefacio In Lamb. 16.17 you may read of many others who were by common Law that had the custody of the Peace and were nominated Custodes pacis some were by election other by tenure others were by the Kings Writ and had their duration for terme of their lives or quamdiu se bene gesserint bt they are all antiquated and obsolete A Constable may Arrest any that shall make any affray if he flyes into a House and shuts the doors he may Justifie his breaking open the doors if he flyes from thence in fresh suit he may persue him though in an other County and where two be a fighting though no hurt done he may apprehend them and make them find sueties for the Peace and if any be mortally wounded he may carry him to the Goal for he is not Baylable for the fact is felony in case the Party dies within a Year and a day If any shall assault a Constable doing his Office he may upon se defend Justifie the killing of him if he cannot otherwise avoid it If a man be taken in or near the high way Robbing and be brought to a Constable he must forthwith bring him before a Justice of Peace to be examined and if he finds cause have him to the Goal If any do suspect any of murder or felony he ought to bring him to the Constable that he may have him before a Justice with him that suspects him that upon examination if it be found that there
them collected for the poor vid. 43 Eliz. cap. 3. and by the Statute 21 Jac. cap. 18. Two third parts of the forfeitures for what of length breadth or weight of Cloths by any other Statute now in force shall be levied distributed and accounted as the forfeiture aforesaid Of Quakers THe Statute of the 14 Car. 1. cap. 2. sayes The difinition of a Quaker that Quakers by this Act are such persons as holds dangerous Opinions and such as holds that the taking of an Oath in any case whatsoever although before a lawful Magistrate is altogether unlawful and contrary to the Word of God And do refuse an Oath lawfully rendred That if any person who shall maintain that the taking of an Oath in any case whatsoever before a lawful Magistrate is unlawful and against the Word of God and shall wilfully refuse an Oath bound to take being duly tendred to him or shall perswade or endeavour to perswade any other person to whom it shall be tendred to refuse to take it or shall by Printing Writing or otherwise go about to maintain or defend that the taking of it is unlawful or the said persons called by the name of Quakers shall go from the places of their dwellings and assemble to the number of 5. or more of 16. years old and upwards at one time and in one place under pretence of joyning in a Religious worship not Authorized by the Law of the Realm being convict by the verdict of 12. men or his own confession or the notorious evidence of the Fact For the first offence shall forfeit any summe not above five pound to be levied by distress and sale of his Goods by warrant of the parties before whom the conviction shall be for want of distresse or non-payment in a week to be committed to the common Goal or House of Correction for three months without Bayl to be kept at hard labour For the second offence the forfeture is 10. pound by distress to be levied as aforesaid for non-payment in that time to be committed 6. months to the places before mentioned the moneys to go for a stock to the House of Correction as the Justices shall appoint The 3. offence is Abjuration after a 2. Correction or at his Majesties pleasure to be transported to any of his Plantations beyond Sea The Judge of Assize of Oyer or Terminer and Justices of Peace in their open and general Sessions may hear and determine these offences and as in cases of trespass and may make out process in order to their conviction any Justice of Peace Mayor or chief Officer may commit to the Goal or bind over with sureties to the quarter Sessions any offending in the premises and the Constable is the immediate office to make diligent search in all places within his jurisdiction for the apprehension He that shall take the Oath that he formerly refused giving security not to meet again although convicted shall be discharged Of Supervisors Surveyors and Orderers for the High-ways BY the Statutes 2 and 3 of P. and M. cap. 8.5 Eliz. cap. 13.18 Elia. cap. 18. High-wayes Every person upon six days appointed for working in the High-ways that hath a plough-land either in tillage or pasture in occupation in the same parish and every other person keeping there a plough or draught shall find and send at every day and place appointed for the amending of the ways in the Parish aforesaid one Wain or Cart furnished with Oxen Horses or other cattle with other necessaries convenient for that purpose and two able men with the same upon forfeiture of ten shillings and every Cottager and Labourer of the said Parish that is not a servant hired by the year shall labour upon every of the said 6. days The default of every person for every day is 12. pence and if there shall be no need of an of the said carriages then the persons that should have sent them shall send to the said work to able men for every carriage so spared upon the pain of one shilling for every one that shall make default bringing with them all things materials for such service and all shall work by the space of eight hours unless they shall be other-ways licensed by said Supervisors or any one of them and it shall and may be lawful for any of the Supervisors or any one of them according to the 2 and 3 of Phil. and Mar. for the better amendment of the High-ways within the limits of the said Parish to give power to any to take and carry away any rubbish or any broken stones of any Quarry that shall lye within the Parish without license or controlement of the owner or owners so much as in their discretion shall seem meet and necessary and for default of such Quarries the Supervisors or Overseers may appoint any to dig gravel or sand in any grounds lying next the High-ways within the said Parish so much as they shall think meet and necessary for the reparations aforesaid or any stones or other stuffe where heretofore they have usually digged It is provided in the said Act House Garden or Orchard that the Supervisors shall not dig in any Quarry or Quarries but shall take such rubbish or other materials fit and useful for the High-ways as there shall be found without the license and commandment of the owners neither impower any to digg and gravel sand of any other thing in the house garden orchard or meddow of any person or persons whatsoever neither in any inclosed ground then only one hole or pit for gravel as afore declared in breadth or length above ten yards at the most and then that every such pit so digged the Supervisor or Supervisors shall within one month after cause to be filled up with earth at the cost and charges of the said parish upon the forfeiture of five marks to the owner or owners of the soyle By the Statute 5 Eliz. cap. 15. Water-courses where any water-course shall be in any ditch or ditches of the High-ways it shall and may be lawful for the Supervisor or Supervisors to to turn the same into any mans ground or soyl in such ways and manner as to their discretion shall seem most meet and convenient and the Supervisor or Supervisors by force of this Act may within one month after any default present the said offence to the next Justice of Peace upon the forfeiture of fourty shillings The 18 Eliz. cap. 10. Land in several Parishes declares that every person or persons except such as dwell in the City of London that shall be assessed to any subsidies in Kings books to five pound in Goods or fourty shillings in Lands or above during the time he shall stand so charged and being non of the parties so charged for the amendment of the High-ways by any other Act but as a Cottager shall find two able men yearly to labour in the High-ways as is limited and appointed by the said