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
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
Man for they are not to come there without Licence of the Owner and in such placeâ— where they may dig without leave they are not to make a Pit above ten yards in breadth câ—â— length and they are to take care that the placeâ— be filled up again at the charge of the Parish within one month after upon pain to forfeiâ— five Marks to the Owner of the Ground to beâ— recovered by Action of Debt and this by thâ— 5 El. c. 13. CHAP. III. The Surveyors Duty about cutting down Bushes Trees and scouring of Ditches in the High-ways and also touching Presentments and Inquiries about Defaults passing of Accounts Travelling of Wagons Wains c. IF the Owners of the Grounds next adjoyning to the High-ways do not keep their Hedges low and cut down their Trees and Bushes growing in the same ways they forfeit ten shillings Wingates Abr. Stat. Tit. High-ways 5 El. c. 13. 18 El. c. 10. And he that scours not his Ditches in the Ground next adjoyning to the Ground that is next the High-ways to the end the Water may have the better passage out of the High-ways shall forfeit 12 pence for every Rod so left unscoured 18 E. c 10. Wingate ut supra If any scour his Ditch by the High-way side and throw the scouring thereof into the High-way and suffer it to lie there six months he forfeits for every Load thereof 12 pence and the Surveyors are to make Sluces where such Banks have been heretofore made for carrying away the Water out of the High-way 18 El. c. 10. Every Surveyor may cause any Water-course or Spring of Water in the High-way within their Parish to be turned into another Mans several Ditch or Ground next adjoyning to the said Way in such manner as by the discretion of the said Surveyor shall be thought meet Dalt J. P. c. 50. f. 103. Note That the Forfeitures of the Act of the 18 El. c. 10. must be levied by the Surveyors for the time being by Warrant from the â—usticeâ— before whom the Party shall be convict by Distress and Sale of Goods which Forfeitures are to be employed towards the amendment of the High-ways and if the Surveyors neglect to do it within one year after the Offence committed then the Constables and Churchwardens by like Warrant may do it 18 El. c. 10. Wingates Abâ— Stat. Tit. High-ways The Surveyors or one of them are to present to the next Justice of Peace every Default upon the 2 3 P. M. c. 8. 5 El. c. 14. within one month after it shall be made on pain oâ— 40 s. and the Justice is on pain of 5 l to certifie the same at the next Quarter Sessions where the Justices have power to inquire of the Default and shall set such Fine upon the Delinquents as they or two of them Quor unus shall think fit 5 El. c. 13. That the Presentment of a Justice of Peace in Sessions upon his own Knowledge shall be 〈◊〉 good Conviction whereupon the Justices in Seâ—sions or any two of them Quor unus may assesâ— a Fine as well as upon a Verdict of twelve Meâ— but in this case the Delinquent shall be admitted to his Traverse as in other Cases 5 El. c. 13 vide Rastal 199. The Defaults and Offences upon these Statute 2 3 P. M. 5 El. 18 El. are inquitable by the Justices of Peace in their Sessions or by Stewards in Leets either of which have poweâ— to set Fines upon Offenders at their discretions of which Fines indented Estreats 〈◊〉 the Sessions under the Hand and Seal of thâ— Clerk of the Peace in the Leet under the Hand and Seal of the Steward shall be delivered within six weeks after Michaelmas one part of the Estreat to the Bailiff or High Constable of the Liberty and the other part to the Constables and Churchwardens of the Parish where the Offenders live 2 3 P. M. c. 8. 5 El. c. 13. 18 El. c. 10. Wingates Abr. Stat. Tit. High-ways And these Estreats shall be a sufficient Warrant for the Bailiff or Chief Constable of the liberty to levy the said Offences by way of Distress and if no Distress can be found or the Party do not pay the Fine within 20 days after â—awful demand thereof he or they shall forfeit double so much all which Fines and Forfeitures are to be employed and bestowed towards the amendment of the High-ways in the Parish where the Offences are committed Wingates Abr. Stat. Tit. High-ways 2 3 P. M. c. 8. The Bailiff or High Constable shall yearly betwixt the first of March and last of April render â—o Account unto the Constables and Church-wardens who have the other parts of the Estreats of the Fines of what Mony they have received on pain of 40 s. and the said Constables and Churchwardens have power to call the â—ailiff or High Constable before two or more â—ustices of the Peace Quor unus to pass his Account who have power to commit him until he have satisfied all the Arrearages by him received save 8 d. in the pound for his own Fee â—od 12 d. in the pound for the Clerk of the Peace or Steward of the Leet and in this case the succeeding Constables and Churchwardens have â—e same power as their Predecessors had 2 3 â— M. c. 8. Two Justices of the Peace by the Stat. 18 El. may take Accounts of the Surveyors of the Ways and the Petty Constables and Church-wardens for such Forfeitures within that Statute as they have levied 18 El. c. 10 Dalt J.P. c. 50. f. 103. Note There are several Statutes which concern particular High-ways in which these Surveyors are little concerned I shall therefore only name the Statutes and they who desire to be further informed therein may look the Statutes at large Stat. 39 El. c. 10. for repairing the High-ways in the Wild of Sussex Surry and Kent used for Iron Works Stat. 37 H 8. c. 3. For Huntingtoâ— Lane near to Chester Stat. 14 H 8. c. 6. 26 H. 8. c. 7. For laying out new High-ways in the Wild of Kent or Sussex Stat. 1 P. M. 2. c. 5. for the Causway between Dorchester and Sherborn Stat. 18 El. c. 10. about the Kings Ferry in Kent CHAP. IV. Some Heads of the Stat. 22 23 Car. 2. c. 17. concerning the Ways Sewers Pavements c. in London and the Scavengers Office BY the Stat. of 22 23 Car. 2. A Clause so a late Act of Parliament Entituled Aâ— Act for Rebuilding the City of London wherein was Enacted That the Numbers and Places for Common Sewers Drains and Vaults and the manner of Paving and Pitching Streets and Lanes in the said City and Liberties should be set ouâ— by Persons appointed by the Mayor Aldermen and Common Council or seven or more of them together with the Surveyors or one of them within the Precincts respectively which Persons or seven or more of them were impowred to
to two Justices of the Peace within twenty eight days after new Scavengers are Elected and to pay what Mony remains in their Hands to the new Scavengers The Scavengers and Rakers for any of the said Parishes shall have liberty by the Order of the Justices in the petty-Petty-Sessions or any two of them to lodge their Soil in such vacant places near the Streets or High-ways aâ— shall be thought convenient by the said Justices for the accommodation of the Country Cartâ— returning empty from the said Parishes they giving satisfaction to the Owners of such vacant places and in case of unreasonable Demands the Justices in their Petty Sessions may hear and moderate the same If any Persons find themselves aggrieved with the Rates made by virtue of this Act or any ways prejudiced by the determination of the Justices in their Petty-Sessions they may have recourse to the Justices at their General Quarter Sessions of the Peace And whereas there are many Common High-ways within the said Parishes which cannot be sufficiently repaired by means of the Laws now in force an Assessment may be made upon all the Inhabitants Owners and Occupiers of Lands and Houses or personal Estate usually ratable to the Poor within any of the said Parishes to be collected by such Persons as the Justices shall appoint at their General Quarter-Sessions the Mony so collected to be employed as the Justices shall direct towards repairing the said High-ways No such Rate shall exceed four pence in the Pound in any one year in the yearly value of Lands Houses or Tenements nor of eight pence for every twenty pounds in personal Estate No Person or Persons whatsoever shall suffer his Waggon Cart or Car to stand in the Hay-market near Pickadilly in the Parish of St. Martin in the Fields St. James within the Liberty of Westminster Borough of Southwark or any other place in the Parishes within the Weekly Bills of Mortality loaden with Hay or Straw to sell the same from Michaelmas to Lady-day after two of the Clock in the Afternoon and from Lady-day to Michaelmas after one in the Afternoon on pain to forfeit five shillings for every Offence and Neglect The Owners and Proprietors of any Cart Car or Dray the Wheels whereof shall not be made six Inches in the breadth or shall be shod with Iron or be drawn with above two Horses shall forfeit forty shillings for every time such Cart Car or Dray shall be used for the uses and to be levied as aforesaid This shall not extend to any Country Cart or Waggon that shall bring any Goods to the Cities or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places One Justice of Peace upon View or Confession or Oath of one Witness may convict any of the Offences aforesaid If Conviction be upon proof one Moiety to the Overseers of the Poor for the Relief of the Poor of the Place where the Offence was committed the other Moiety to him that shall discover and prosecute the same But if the Conviction shall be by the View then one half to the Poor the other towards repairing and cleansing the Streets to be paid to the Scavengers of the Place to be levied by the Justices Warrant under Hand and Seal to the Constable by Distress and Sale or for want of Distress or Payment within six days after notice at the House to be sent to Goal without Bail uâ—â—â—â— payment No Person within the Cities of London and Westminster and Liberties of the same Borough of Southwark and Parishes aforesaid shall breed feed or keep any Swine in any Houses or Backsides of the paved Streets where the Houses are contiguous on pain to forfeit the same to the Churchwardens and Overseers of the Poor of the Parish where such Swine shall be kept to the use of the Poor The Churchwardens Chappel-wardens Overseers of the Poor Constables Beadles Headboroughs or Tythingmen of any the Parishes in the said Cities and Places respectively in the day-time with a Warrant under the Hand and Seal of the Lord Mayor or any other of their Majesties Justices of the Peace may search for such Swine and if any be found they may seize and carry them away and sell them for the best price that can be had and distribute the Mony to the Poor of the Parish where they were seized CHAP. VI. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case four Justices of the Peace whereof one to be of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town Corporate then fort such Justices of Peace there may within the Limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town Corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other Inhabitants and with their Assents may Tax every Inhabitant in any such City Town or Parish within their Limits to such reasonable Sum of Mony as by their Discretions they shall think convenient as well for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the Ends of any such Bridges 22 H. 8. c. 5. Dalt J.P. c. 16. f. 44. Co. 2 part Inst f. 701 702. But Note Where the Franchise City or Borough is a County of it self and hath not four or more Justices of the Peace whereof one or more are of the Quorum in this case no other Justices of the Peace of any Shire or County have any power to meddle there by this Act but such decay must be reformed by the Common Law by such Remedy as they were before the making of the Statute of 22 H. 8. Co. 2 part Inst f. 702. And note That this Taxation ought not to be made by the Justices without the Consent of the Constables or Inhabitants nor by them without the Justices and this Tax ought to be upon every Inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or two might be distrained upon for the whole Co. 2 part Inst f. 704. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular Person so by them taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2 part Inst fol. 704. Dalt J.P. c. 16. ibid. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set
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
the Parish in Kent these Petty Officers of the Parishes are called Borsholders but in Hampshire and all the Western Parts Tythingmen and their Divisions of Parishes Tythings in Sussex the Hundreds are called Rapes and in the North Ridings and Wapentakes There was antiently in England a great Officer called the High Constable of England and he kept an Office which is supposed to come hither with William the Conqueror out of Normandy or Court called the Constables Court or the Court of the High Constable wherein he had Authority to hear and determine Contracts touching Deeds of Arms out of the Realm and to determine all things concerning War within the Realm as Combats Blazon Armory c. but not to deal with Battel in Appeals that belonging to the Common Law of the Land Amongst the rest of the Conquerors Laws this is one That if a French-man do Appeal an English-man of Perjury or Murder the French-man may defend himself by Battail Which in English was then called Earnest which Word we yet retain and the Officer to see this performed was the High Constable but this Officer Court and Practice is long since dissolved The Etymology of this word Constable proceeds from the old word Conning or Cyng and Staple or Stable the word Conning or Cyng signifies a King and Stable a Stay or Prop which is as much as to say the stay or Prop of the King that great Officer the Constable of England having that Title given by reason of the great Authority that he had was a principal Prop or Stay unto the Kings Government from whence is this Title and Office of this Lower Constableship derived and continued though with lesser Authority unto this hour and is a Branch of that Original By the Statute of Winchester made in the time of King Edward the First these Constables of Hundreds were appointed to keep Watching and Warding for the better keeping of the Peace and prevention of Thieveries and Robberies and apprehensions of Felons and Rogues c. and that the High Constables in every Hundred and Franchise should take the view of Armor c. Hereby it appears that the Name of a Constable in an Hundred or Franchise is an Officer to assist and support the King's Majesty in the Maintenance and Perservation of his Peace within his Hundred or Franchise and he is called the High Constable in respect of the Constables or Petty Constables and Headboroughs or Tythingmen which be in the respective Towns Villages Parishes or Precincts within his Hundred or Franchise under his Jurisdiction and it is also the part and duty of these inferiour Officers to execute the High Constables Office in his absence in maintaining and keeping the Peace in their several Tythings and Limits and in the High Constables presence to be aiding and assisting unto him The High Constables of every Hundred or Rape or Riding are chosen by the Justices in each County most usually at their General Quarter Sessions or in their several Divisions From the Justices they receive their Authority and are by them again discharged of their Office as they shall see cause At the entrance into their Office they take an Oath the usual Form whereof followeth The High Constables Oath YOU shall swear That you shall well and truly serve our Sovereign Lord the King in the Office of a Constable You shall see and cause His Majesty's Peace to be well and truly kept and preserved according to your Power You shall Arrest all such Persons as in your sight and presence shall ride or go armed offensively or shall commit or make any Riot Affray or other Breach of His Majesty's Peace You shall do your best endeavour upon complaint to you made to apprehend all Felons Barretors and Rioters or Persons riotously assembled and if any such Offenders shall make resistance with force you shall levy Hue and Cry and shall pursue them until they be taken You shall do your best endeavour that the watch in and about your Hundred be duly kept for the apprehending of Rogues Vagabonds Nightwalkers Evesdroppers Scouts and other suspected Persons and of such as go armed and the like and that Hue and Cry be duly raised and pursued according to the Statute of Winchester against Murderers Thieves and other Felons and that the Statutes made for the punishment of Rogues and Vagabonds and such other idle Persons as come within your Bounds and Limits be duly put in Execution you shall have a watchful Eye to such Persons as shall maintain or keep any Common House or Place where any unlawful Game is or shall be used as also to such as shall frequent or use such Places or shall use or exercise any unlawful Games there or elsewhere contrary to the Statutes At your Assizes Sessions of the Peace or Leet you shall present all and every the Offences done contrary to the Statutes made 1 Jacobi 4 Jacobi and 21 Jacobi Regis to restrain the inordinate haunting and tippling in Inns Alehouses and other Victualling houses and for repressing of Drunkenness you shall there likewise true Presentment make of all Bloodsheddings Affrays Oâ—tcries Rescous and other Offences committed or done against the Kings Majesty's Peace within your Limitâ— you shall once every Year during your Office present at the Quarter Sessions all Popish Recusarts within your Liberty and their Children above nine and their Servants scil their Monthly Absence from the Church 3 Jac. 4. You shall well and duly execute all Precepts and warrants to you directed from the Justice of the Peace of this County or higher Officers you shall be aiding to your Neighbours against unlawful Purveyances in time of Hay or Corn-harvest upon request you shall cause all Persons meet to serve by the day for the Mowing Reaping or getting in of Corn or Hay you shall in Easter Week cause your Parishioners to chuse Surveyors for the mending of the High-ways in your Parish or Liberty and you shall well and duly acâ—ording to your Knowledge Power and Ability do and execute all other things belonging to the Office of a Constable so long as you continue in the said Office So help you God In this Oath is briefly comprehended the whole Duty of a Constable and the principal Matters of his Office at large The Form of the Petty Constable or Tything-mans c. Oath runs thus YOU shall Swear That you shall well and truly execute the Office of a Tythingman of the Tything of H. or Headborough c. His Majesty's Peace in your own Person you shall keep and see it kept in all others as much as in you lieth In the presence of the High Constable you shall be aiding and assisting unto him and in his absence you shall execute his Office and do all other things belonging to your Office according to your Knowledge and Power until another be chosen in your room or you be legally discharged thereof So help you God There are in several Counties of this Realm other Officers that
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
to drive them at any other time 〈◊〉 the Year at their pleasure and such likewiâ—â— have the Owners of the Ground And if upâ—â— the Drift any unlucky Tits shall be found theâ— may be killed 32 H. 8. c 13. Wingates Abr. Stâ—â— Tit. Horses Note That this Act of the 32 H. 8. c. 13. not to extend to the County of Cornwal 21 Jâ—â— c. 28. CHAP. XIX The Constables Office about Hue and Cry THE Constables or Tythingmen of everâ— Town Parish or Village to whom Hâ—â— and Cry shall come ought to search in 〈◊〉 suspected Houses and Places within their liberties and as well the Officers as all other Persons which shall pursue the Hue and Cry may take and stay all such Persons as in their Search and Pursuit they shall find to be suspicious and shall carry them before some Justice of the County where they are taken to be examined where they were at the time of the Felony committed and if any default be in the Officers they may be fined by the Justices for their neglect Dalt J.P. c 28. fol. 75. Where a Hundred is sued for a Robbery and â—amages are recovered against one or some â—â—w Inhabitants of the Hundred and the rest â—efuse to contribute thereunto in such case â—wo Justices of the Peace one of the Quorum â—welling within or near the Hundred may for the levying thereof set a Tax upon every Parish within that Hundred according to which the constables or Tythingmen of every Parish must â—â—ax the particular Inhabitants within their Liberties and then levy the Mony upon such â—s refuse by Distress and Sale of their Goods â—estoring the overplus if any be and after the â—ony is gathered they are to restore the same â—o the Justices or some of them that made the â—â—ate within ten days 27 Eliz. c. 13. Dalt J.P. â— 48. fol. 132. That Hundred where Fresh Suit shall cease shall answer half the Damages to the Hundred where the Felony was committed to â—e recovered in any Court at Westminster in the Name of the Clerk of the Peace of the County where the Felony was committed in which case the Death or Change of the Clerk of the Peace shall not abate the Suit And this Recovery is to be taxed and levied as the former 27 Eliz. c. 13. Where any one of the Robbers is apprehended or where the Action is prosecuted within one Year after the Robbery committed the Hundred is not chargeable for the Robbery Observe likewise that the Hue and Cry shall not be judged legal unless the Pursuit be both by Horse and Foot Bract. lib. 3. fol. 121. Dalt J.P. f. 133. He that goeth not at the command of thâ— Sheriff or Constable at the Cry of the County that is upon Hue and Cry to arrest Felonâ— after Attainder shall be grievously fined aâ— imprisoned Westm 1. c. 9. Co. 2 part Inst fâ—â— 172. CHAP. XX. The Constables Office about Labourers c. THE Constable in the time of Hay anâ— Corn Harvest upon request to him made by any Man that wants Labourers to geâ— in his Harvest to prevent loss thereof may cause all such Artificers as he shall see meeâ— to labour to serve by the Day for Mowing Reaping or otherwise for the getting in oâ— Corn or Hay abroad according as they seeâ— fit and able to perform And if such Persons shall refuse to work after they are requested thereunto the Constable may set then in the Stocks by the space of two days and one night and if the Constable neglect to perform his Office herein he forfeits forty shillings 5 Eliz. c. 14. No Person retained in Husbandry or in any Arts appointed by that Statute shall depart after the time of such retainer expired out of the City Town or Parish where he last served to serve in another without a Testimonial viz. in a Town Corporate under the Hands and Seals of the Magistrate and two Housholders there and in the Country under the Hands and Seals of the Constable or other â—fficers and two Housholders of the Town or â—â—rish where he last served which Testimoâ—â—al is to be registred by the Minister for which he is to have two pence and then to 〈◊〉 delivered to the Party 5 Eliz c. 4. The Form of a Testimonial for a Servant MEmorandum That J. S. Servant to J. D. of Bramsil in the County of Southampton â—oman is licensed to depart from his said Maâ—â—r and is at liberty to serve elsewhere according to the Statute in that case made and proâ—â—ded In witness whereof we have hereunto 〈◊〉 our Hands and Seals this 25th day of August in the 22th Year of the Reign of our gracious Sovereign Lord King Charles the Second 670. Ri. Turner Constable of Bramsil R. C. J. D. Housholders there If it be one that lives with a Woman then â—â—y is licensed to depart from his Mistress or â—ame as she is if the Master be not a â—â—oman or Husbandman but an Handycraftsâ—an as Taylor Smith c. then Name him 〈◊〉 in the Testimonial The Master that retains a Servant without â—â—ch a Testimonial forfeits 5 l. being thereof convicted by Indictment taken in the Sessions of the Peace and every Servant which shewâ—â—h not such a Testimonial to the chief Officer 〈◊〉 a Corporation or to the Constable or other Officer Minister or Churchwarden of the place where he is to dwell may be imprisoned until he â—rocure one and if he produce not one within one and twenty days next after the first dayof 〈◊〉 Imprisonment or if he shall shew a false or coâ—â—terfeit one then he is to be whipt and used â—s Vagabond 5 Eliz. c. 4. Dalt J.P. c. 31. f. 63. This Statute as to this particular of Tesâ—â—monials is now grown in a manner quite oâ—t so seldom used that it 's scarce know Although the Penalty in the same be strict 〈◊〉 severe yet it is of good use and so are great many Penal Statutes more very benefit to the Commonwealth if they were duly 〈◊〉 in execution especially those enacted to punâ—â—â— the daily Offences of Brewers Bakers Aâ—â— houses all such as use false Weights or Measurâ— Millers Forestallers Ingrossers Regrators 〈◊〉 multis aliis c. These are the Caterpillars 〈◊〉 the Kingdom CHAP. XXI The Constables Office about Malt-making THE Constables and Bailiffs of any Towâ— ought from time to time to view aâ—â— search all such Malt as shall be made or putâ— sale within any of their Liberties and if theâ— find any being evil made or mingled with 〈◊〉 Malt then the Constable or Bailiff with adviâ—â— of one Justice of Peace may sell the same 〈◊〉 such Persons at such a Rate as the Justice thiâ—â— fitting 2 E. 6. c. 10. 21 Jac. c. 28. 3 Car. â— c. 4. Stat. 2 E. 6. c. 10. There are three sorts 〈◊〉 evil and deceitful Malt viz. 1. Where Barley and Malt hath not in the â—aking thereof in the Vat Floor Steeping â—nd Drying thereof three Weeks at the
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
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
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
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
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
Charity to be relieved in some reasonable proportion according to their several Wants and Necessities Dâ—â— J.P. c. 73. f. ibid. Then lastly The thristless Poor as the riâ—tous and prodigal Person that consumes all wiâ—â— Play or Drinking c. the dissolute Person as thâ— Strumpet Pilferer c. the slothful Person thâ— refuseth to work c. and the Vagabond thâ— will abide in no place or service and for all theâ— the House of Correction is the place where they are to be sent to and being of able Bodies theâ— they are to be held to hard Labour and to maintain themselves by their Labour and Work without charging the Town or County for any Allowance 7 Jac. c. 4 Dalt J.P. c. 73. fol. 170. But it seemeth that if any of these last soâ—â— Poor happen to prove impotent and also 〈◊〉 cases of manifest extremity then they are to be relieved by the Town Dalt J.P. c. 73. f. ibid. If the Parents be able to work and may have Work they are to find their Children by theiâ— labour and not the Parish but if they be overcharged with Children they may help by having some of their Children put out Apprentices by the Overseers Dalt J.P. c. 73. f. 157. The Father Grandfather Mother Grandmother and the Children and Grandchildren of every poor impotent Person not able to work being of sufficient Ability shall relieve such poor Persons in such manner as the Justices oâ— Peace of that County where such sufficient Person dwelleth at their General Quarter Sessionâ— shall Assess and if such Person refuse to able the Order they forfeit 20 s. for every monâ—â— to the Poor of the Parish which Forfeiture â—s 〈◊〉 be levied by the Churchwardens or Overseers or one of them by Warrant from any two Justices of the Peace Quor unus within their Limits by distress and sale of the Offenders Goods and want of distress any two such Justices may commit the Offender to prison there to remain without Bail till the said Forfeiture be paid 43 El. 2. Resol Judges 16 17. Dalt J.P. c. 73. f. 156. But if a Man marry a Grandmother that hath no Estate the Grandfather in Law is not chargeable But if she hath an Estate caused without such Marriage or that comes after Marriage by descent or otherwise to her here he may be charged But where they have raised themselves an Estate by their own Industry there it is doubtful But in no case shall he be charged longer than his Wife lives and it seems also Bastard Children are not within this Law neither can the Justices do any thing therein against a Man that lives out of their County See Boulst â—â—p 2 part f. 245 246 247. No Poor may beg but in their own Parish and there by Licence of the Overseers of the Poor and they may not licence them to beg in the High-ways there and without the Licence of the Overseers they may not beg at all Res Judges 15. Dalt J.P. c. 73. f. 157. 39 El. 3. No Inhabitants may serve any Poor at their Door but those of their own Parish that have licence from the Overseers of the Poor to beg there under pain of 10 s for every time they do so 1 Jac. 7. Dalt J.P. c. 83. f. 20. These Officers are to make provision for a poor Man that wants an House but not for a common Herdsman or Sheperd with consent of the Lord of the Mannor first had in writing under his Hand and Seal either by themselves or with a Sessions Order may erect a Cottage upon any part of the Waste of a Mannor and lodge Inmates therein notwithstanding the Stat. 31 El. â— But such Cottage may not be afterwards employed otherwise than to lodge impotent Persons there for if it be then it falls within the penalty of the 31 El. aforesaid 43 El. c. 2 Wingates Stat. Tit. Poor People All such Persons married or unmarried having no Means to maintain them using no ordinary and daily Trade of Life to get their Living by and such Persons also as can get no Work are to be set on Work by the Overseers and any one Justice of Peace may send to the House of Correction or Common Goal such as shall not imploy themselves to work being appointed thereto by the Churchwardens and Overseers of the Poor of the Parish 43 El. c. 2. Dalt J.P. c. 73. f. 143. And to this purpose the Churchwardens and Overseers of the Poor may by and with the consent of two or more Justices of the Peace Qâ—â—r unus c. Set up use and occupy any Trade Mystery or Occupation only for the setting on Work and better Relief of the Poor of the Parish Town or Place where they are Overseers c. 3 Car. 1 c. 4. Dalt J P. c. 73. f. 148. Wingates Stat. Tit. Poor People CHAP. III. The Duty of the Overseers about putting forth and binding of Apprentices with the Form of the Indenture for that purpose IN the putting out of Children Apprentices there ought to be regard had to the Master the Child and the Parents First to the Master that he be of Ability and Honesty otherwise by some device or hard intreaty they may provoke their Apprentices to depart or run away and regard is also to be had to his Trade or Faculty lest the Apprentice consume his time without learning any thing Secondly Regard is to be had to the Apprentices to put them out timely and while they are young and tractable so that they be above the Age of seven years otherwise by reason of their idle and base Educations they will hardly keep their Service or imploy themselves to work Then lastly Regard is to be had to the Parents to take away such from them as are brought up to live idly and loosly or else such as are a burthen and charge to their Parents Dalt J. P. c. 73. f. 150 151. The choice of these Apprentices are to be out of the poorest sort of Children whose Parents are the least able to relieve them and they are to be above 7 and under 15 years of Age when they are first bound 7 Jac. c. 3. Wingates Stat. Tit. Poor People And these Officers are to have the consent of two Justices of the Peace in the placing out of such Apprentices and they may bind the Man-child till 24 years of Age and the Woman-child till 21 years of Age or till she be married which shall first happen And these Apprentices 〈◊〉 be bound to Weavers Masons Dyers Fullers 〈◊〉 any other Trade as well as to Husbandry 〈◊〉 Housewifery See 43 El. c. 2. Dalt J.P. c. 73. f. 14â— Wingates Stat. Tit. Poor People Now this placing of Apprentices may be 〈◊〉 any Man whom the Officers and Justices think 〈◊〉 to receive them within the same Parish or elâ—â—where in other Parishes within the same Hundred either with or without Mony therefore it is fit in this case to consider if the Child be young and the
Party to whom they place it is not very able then they may give Mony if they please as the Party and they shall agree 〈◊〉 Judges 1633. Quest 1. All Men that-have or may have use for Servants as Knights Clergy-men Gentlemen and Yeomen as well as Tradesmen are bound to take Apprentices yea though wealthy Men Table themselves or live so privately that they have no use for a Servant yet they may be compelled to take them or else to pay a Sum of Mony for putting them Apprentices elsewhere and if they refuse to pay the Sum imposed upon them two Justices of the Peace may make their Warrant to levy the same by distress and sale of the Offenders Goods Res Judges 1633. Quest. 4. Poâ—â— 24. Dalt J P. c. 73. f. 151. Or the Refusers to take Apprentices may be presented and indicted for the same upon the Stat. 43 El. c. 2. at the Assizes or Sessions of the Peace Dalt J.P. c. 73. f. ibid. Res Judges 1633. Quest 7. An Apprentice put to a Man in respect of his Farm when his Lease expireth the Apprentice shall go still with the Farm if the first Master be so pleased otherwise it is where an Apprentice is put to a Man in regard of his Ability or for other Respects And where any differences are between the Officers and the Man that is to receive an Apprentice about Mony and what Mony shall be given or otherwise â—here the Justices thereabouts or in their Defaults the Sessions must end it Res Judges 1633. Quest 2. Dalt J.P. c. 73. f. 151. If the Parents of poor Children shall refuse to let their Children be put forth Apprentices without good cause shewed such Parents may be bound over by the Justices to answer their said Default and if the Children shall refuse the Justices may send them to the House of Correction there to remain till they be content to be bound and serve Dalt J. P. c. 73. 58. f. 153. 119. Note That this binding must be by Indenture and may not well be done by a verbal Agreement and the Indenture must be either between the Justices Churchwardens and Overseers or them and the Apprentice on the one part and him that takes the Apprentice of the other part as appears by the Form of the Indenture in the end of this Chapter and he must be named by the Name of Apprentice expresly or else he is no Apprentice though he be bound Cromp. 184. Dalt J.P. c. 5. f. 120. And this binding is as effectual to all purposes as if the Children were of full Age and did bind themselves by Indentures and Covenants and all such as are bound by the Overseers as abovesaid may safely be received and kept 〈◊〉 Apprentices by their Masters 1 Jac. c. 25. 〈◊〉 Jac. c. 28. Dalt J. P. c. 58. fol. 120. 3 Car. 1. c. â— 5 El. c. 4. Cromp. 184. b. Such Mony as is given to put out poor Children Apprentices is to be employed in Corporate Towns by the Corporations and in other places by the Parson or Vicar together with the Constables Churchwardens and Overseers of the Poor or the most part of them who shall 〈◊〉 forbear to refuse to employ the same accordingly on pain to forfeit five marks each oâ— them so making default to be divided betwiâ— the Poor of the Parish and the Prosecutor 7 Jac. c. 3. Wingates Stat. Tit. Poor People The Party taking any Mony with such Apprentice shall give good Security by Obligation to repay it at the end of seven years next ensuing the date of the said Obligation or within the three months after the end of the said seveâ— years and if such Apprentice shall die within seven years then within one year after his or her death and if the Master Mistress or Dame happen to die within the seven years then within one year after their death so as the Mony may be employed in placing the Apprenticâ— with some other of the same Trade to serve out his time at the discretion of the Parties trusted as aforesaid 7 Jac. c. 3. And the Mony so given shall be imployed within three months after the Receipt thereof and if there shall not be apt Persons found in the places where it is given to the Apprentices it shall then be imployed in the Parishes next adjoyning by the Parties that are trusted with it in the place where it was so given and â—here also Bond shall be taken as afore is declared 7 Jac. c. 3. If the Master shall put his Apprentice into â—pparel it is a Gift in Law and he cannot afterwards take it away though he should part with his Apprentice Br. Transgr 93. An Apprentice cannot be discharged from his Apprenticeship but by four Justices of the Peace â—t the least and in open Sessions or else by â—he Agreement of the Master and Apprentice and under his Masters Hand in Writing Dalt J. P. c. 58. f. 121. The Form of these Indentures mentioned before is as followeth viz. THIS Indenture made the 29th day of September in the 20th Year of the Reign of Our most Gracious Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Annoque Dom. 1668. witnesseth that J. W. and G. R. Overseers of the Poor in the Town of Kirk-Leaventon and J. R. Churchwardens of the â—â—me Town by and with the consent of Sir J. P. Knight and Baronet and T. M. Esq two of his Majesties Justices of Peace for the North-Riding of the County of York have by these Presents â—laced and bound J. T. being a poor fatherless child as an Apprentice with E. H. of Kirk-Leaventon aforesaid Widow and as an Apprentice with her the said E.H. to dwell from the day of the â—â—ate of these Presents until she the said J.T. shall â—ome to the Age of 21 years or be married which shall first happen according to the Statute in that â—ase made and provided by and during all which time and term the said J. T. shall the said E. â— her Dame well and faithfully serve in all 〈◊〉 lawful Business as the said E. H. shall put 〈◊〉 the said J. T. unto according to her Power 〈◊〉 and Ability and honestly and obediently in 〈◊〉 things shall behave her self toward her said Daâ—â— and Children and all the rest of the Family 〈◊〉 the said E. H. And the said E. H. for her 〈◊〉 promiseth covenanteth and agreeth that she 〈◊〉 said E. H. the aforesaid J. T. in the Art and Shâ— of Housewifry the best manner that she can 〈◊〉 may shall teach and inform or cause to be taught and informed as much as thereunto belongeth and she the said E. H. knoweth and also during 〈◊〉 the said Term to find unto her said Apprentice Meat Drink Linnen Woollen Hose Shooes Wâ—â—ing and all other things needful or meet for aâ— Apprentice In Witness whereof c. Note If it be a Boy that is to be
Party died of the Plague If any Person be prosecuted for what he shall do in pursuance to this Act he may plead the General Issue and give this Act in Evidence And upon a Nonsuit Discontinuance or Verdict for him or Judgment upon a Demurrer he shall have treble Costs 30 Car. 2. c. 3. And now by the Statute of 32 Car. 2. where no Justice of Peace shall reside or be to be found in any Parish where any Party shall be interred such Oaths or Affidavits may be adminstred not only by such Magistrates as aforesaid but by any Parson Vicar or Curate in the same County other than of the Parish or Chappel of Ease where the Party is interred and they are to attest the same under their Hands gratis 32 Car. 2. c. 1. The Overseers Duty about Irish Cattel See Duty of Constables ch 8. Their Duty in suppressing Conventicles See Duty of Constables ch 9. Note That the Overseers of the Poor are to receive for the use of the Poor of the Parish where the Offence is committed of such who kill or take in the night-time any Conies upon the Borders of Warrens or other Grounds lawfully used for keeping of Conies except Owners c. or Persons by them imployed and of such who use Snares Harepipes or other like Engines or who take any Fish by any Net Angle or other Device whatsoever in any Water or River or shall be assisting thereunto without consent of the Lord or Owner of the said Water what Sum the Justice of Peace before whom such Offender shall be convicted shall think meet not exceeding ten shillings which he is to pay over and above recompence to the Owner And in default of payment thereof he that takes or kills such Conies or useth Snares c. shall be committed to the House of Correction for any time not exceeding one month And the Goods of him that takes such Fish shall be liable to distress and for want of a Distress he shall be committed to the House of Correction for any time not exceeding one month unless he enter into Bond with one or more Sureties to the Party injured not exceeding ten pounds never to offend in like manner 22 and 23 Car. 2. c. 24. A GUIDE FOR SURVEYORS OF High-ways and Bridges CHAP. I. How many Sorts of Ways there are of the Choice of these Officers with some few General Cases concerning Highways THere are three kind of Ways First A Foot-way called Iter quod est jus eundi vel ambulandi hominis Secondly a Foot-way and an Horse-way called actus ab agendo and this vulgarly is called a Pack or Drift-way and is both a Foot-way and Horse-way Thirdly A Cart-way c. called Via or Aditus and containeth the other two and a Cart-way also for this is jus eundi vehendi vehiculum jumentum ducendi and this is two-fold viz. Via Regia The Kings High-way for all Men communis Strata belonging to a City or Town or between Neighbours It is called the Kings High-way for that the King at all times hath therein Passage for Himself and his People and may punish all Nusances therein though otherwise the Interest be in the Lord to bring his Action for digging therein or other like Trespass there done Dalt J.P. c. 50. f. 101. and see Rolls Cases 1 part f. 392. 2 E. 4. 9. 8 E. 4. 9. 17 E. 3. f. 43. Bro. Chemine 10 11. Leet 3. 27 H. 6. f. 9. 8 H. 7. f. 5. The High-way is not only the Common Tract where Carts Carriages and People have gone but if the Way be Foundrous that People cannot pass in the Common Tract and there be Out-lets out of it into the Soil of another adjoyning the People may in such extremity use those Out-lets upon anothers Soil although it be sowen with Corn And that is in such case the Kings High-way as well as the other for the Kings Subjects must have a convenient Passage as was resolved in a Tryâ—â— at Bar against Sir Henry Duâ—comb Tr. 10 Car. Rolls 1 part of Abridgment fol. 390. Therefore where a Way goes through a Mans Land and the Owner of the Land Fence it on both sides he by so doing hath made himself liable to repair the High-way and keep it passable and it is not sufficient for him to keep it in as good repair as it was at the time of the Inclosure for by so doing he hath straitned the High-way Dalt J.P. c. 50. f. 98. The Constables and Churchwardens of every Parish shall yearly upon Tuesday or Wednesday in Easter Week call together a number of the Parishioners and then make choice of two of the Parish to be Surveyors of the High-ways the Year following who shall forthwith take that Office upon them on pain to forfeit twenty shillings a piece 2 3. Ph. Mar. c. 8. The Constables and Churchwardens are then also to appoint six days betwixt that and the four and twentieth day of June for the amendment of the High ways and to give publick notice thereof in the Church the next Sunday after 2 3 P. M. c. 8. 5 El. c. 13. High-ways must be sufficiently amended at the charge of the whole Town And it is not enough for the Inhabitants to do their full six days work yearly except their Ways be all well and sufficiently repaired thereby For if all their said Ways be not sufficiently amended the whole Town may be indicted therefore and if six days work in the year will not serve â—o amend them the Surveyors may yea must appoint more days Dalt P.J. c. 50. f. 101. The Owner of Lands if he be not the Occupier thereof ought not to be charged towards the repair of the common High ways but the Tenant who occupies the Lands is to be charged Bill 1â— Car. 1. Br. in one Fosters Case per Curiam Roells Cases 1 part f. 390. All Fines and Forfeitures assessed in the Sessions upon the Statute 5 El. about High-ways must be Estreated by the Clerk of the Peace and must be levied accounted and imployed as iâ— appointed by the 2 3 Ph. Mar. c. 8. 5 El. c. 13. The Surveyors upon Warrant from two Justices of Peace are to levy by distress and sale of Goods the Forfeitures of all such Persons as offend against the 18 El. 10. in not Scowring their Ditches c. and if they neglect by the space of a year after the offence committed to levy the Forfeiture Then the Justices may send to the Constable and Churchwardens to levy the same 18 El. c. 10. By the Stat. 22 Car. 2. c. 12. All Constables and Surveyors of the High-ways shall put in execution the Statutes for repairing and inlarging High-ways and levy the Penalties thereby imposed And every Constable or Surveyor of the High-ways neglecting so to do or wilfully suffering any Waggons or Carts to pass through his Limits with any more Horses or Cattel or in any other manner than
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-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