And he that is sworn the Tithingman c. of any place is in effect with respect as aforesaid the Constable of the place And that when any Staute doth appoint the Constable or other Inferior Officers to punish Offenders in such case the Borshoulder Headburrough Tithingman c. may do it they being supposed to be Inferior Officers to the Constables By the Statute 14 Car. 2. cap. 12. it is Nota. Ordained That upon the death or removal of any Constable out of the Parish any two Justices may elect and swear a new one to continue till the next Leet or Quarter-Sessions and then the Steward or Justices to approve of him or appoint another And if any such Officer continue in his Office above a Year the Justices of the Peace may discharge him and put in others till the Lord of the Mannor hold a Court. In some Cases then the High Constable Nota may and must do more than the Petty-Constable c. And in some Cases they have equal authority and in other Cases they are distinct I shall therefore endeavour to shew what all Constables either High or Low Bursholders Headburroughs Tything-men c. may and must do what is their common or equal and what their special or particular Duty and Authority But Note That where it is generally spoken of Constables there it is also meant as to Headboroughs and Tything men c. and where there is any difference I shall distinguish it But First I will speak of the fitness and manner of their Choice and of the Oath each of them must severally take for the Nota due Execution of his Office And observe that part of their Office and Duty consists in the attendance of Court Leets Justices Constables when and where to attend of the Peace and Coroners for the executing of their Warrants within their several Precincts and also to attend upon aid and assist and execute the Warrants of Judges of Assize at their Assizes and Gaol Delivery and the Justices of the Peace at their general and special Sessions and other Meetings to make Presentment upon Oath of things within their Knowledge and according to Articles exhibited to them for that purpose of which more in its place Of the Choice and Fitness of Constables and of the Oath to be taken by them THey ought to be men fit for the Execution Honesty Ability and understanding required of their Office and therefore to be chosen out of the honestest ablest and most understanding men not Feeble with old Age nor otherwise Weak Sick Poor or Impotent That so the Office may be performed truly and diligently without Malice Affection or Partiality This Office ought not to be put upon the Poverty and Ignorance to be avoided Poorer sort for they are usually most Ignorant and Fearful and less able to attend this Office their Necessity requiring them to mind their own Trade and Imployment And 't is to be understood That Constables Bac. p. 25. have no allowance but are bound to perform their Office gratis Such who in respect of some other Offices Some Professors exemptd and to be excuseed Callings or Professions as Clergy-men Sheriffs Lawyers Attorneys Physicians and such like are presumed to be otherways so much imployed as not to be at leisure to attend upon this Office so much as is required and therefore not to be Chosen Also Women whether Maids or Widows Women Ideots and Infants ought not to be chosen neither Mad-men or Ideots nor Infants under 21 Years of age nor old Men above Seventy Therefore it is not a good Custom generally that this Office should go by tenure of Houses for so it may fall upon a 1 Cro. fo 283. Woman which is not sufferable but it may be a good Custom That every man sufficiently qualified shall serve or find one to do it These Officers are to be chosen in respect In what respect they are chosen of their Habitation or Residency and not in respect of their Lands for a Man may have Lands out of the Hundred Parish or Tything c. But he ought to serve only in the place where he lives The high-High-Constables are usually chosen high-High-Constables when and where chose and Sworn Dalton ca. 16. fo 46. Lamb. Just 190. and Sworn at the Quarter Sessions of the Peace for that County But they may be either Chosen or Sworn out of the Sessions and if they be chosen out it must be by the greater number of Justices of that Division where they Dwell and in the like manner also they may be Removed And Note that two Justices of the Peace the one being of the Quorum may appoint the high-High-Constables for Wales by the Stat. 34. H. 8. ca. 26. The petty-Petty-Constables are most commonly Petty Constables when and where Chosen and Sworn in the Court-Leet and sometimes by the Justices of Peace at their Quarter Sessions Dalton Just fo 47 48 336. So that high-High-Constables are by appointment of the Justices and petty-Petty-Constables elected by the People unless in some Cases as is after set down If Constables lawfully Qualified and Chosen shall refuse to be Sworn the Justices of Peace may bind him over to the Assises or Sessions and he may be there Indicted Fined and if he be chosen in a Leet and refuse he may be fined in that Leet for his Contempt Dalton 47. 1 Cro. 409. As one lawfully qualified and chosen Refusing to serve may not refuse so if one that is not rightly qualified and inabled may refuse if he be chosen and shall be discharged by Law and another may be appointed in his place Dalton J. P. fo 322. And it is said to be a Forfeiture of the Removal of unfit Persons Leet where the Leet chooses unable or unfit Constables and their choice is void and upon Complaint made to two Justices of the Peace they may remove such unfit 8 Co. 42. Steels Rep. fo 〈◊〉 and unable Person and choose and Swear some other 1 Bul. 174. Dalt ca. 16. fo 47. But in other Cases it s said the Justices are not to meddle either in Sessions or out of Sessions But leave it to the Custom of the Court Leet Stiles Rep. 362. Note also by the better opinion it is Constables Deputy held That the Constable of a Hundred or Parish may not make a Deputy for the exempting of his whole Office but he may depute one to do many things under him and in his Name that relate to his Office yet so that the Constable shall be responsible and answer for what 's amiss c. 3 Bulst 77. 78. Yet sometimes one chosen hath named a fit Person for his Deputy who upon his acceptance hath been Sworn and in this case its said the Deputy shall answer for himself 1 Cro. 409. Crawley's Case By an Act 24 Maii primo Willielmi Protestant Dissenters being chosen Constables c. may make a
Deputy Mariae That if any Protestant Dissenter from the Church of England shall then after be chosen High-Constable Petty-Constable Churchwarden Overseer of the Poor or to any other Parochial or Ward Office and shall scruple to take the Office upon him in regard of the Oaths or any other Matter to be done in respect of such Office such person may execute the said Office by a sufficient Deputy by him to be provided who shall comply with the Laws on this behalf Provided such Deputy be approved and allowed of in such manner as the Principal should have by Law been allowed and approved After the Constable Headburrough or Tithingman is chosen he must take an Oath for the due execution of his Office The Form whereof is as followeth The Form of the Constables Oath YOu shall well and truly serve our Sovereign The Oath at length Lord and Lady the King and Queen * When the Constable is Sworn in a Leet then are added these words And the Lord of the Mannor in the Office of a Constable and shall see the King and Queens peace to be well and truly kept to the utmost of your power You shall Arrest all such persons as in your presence shall ride or go armed offensively or shall commit or make any Riot Affray or other breach of the Peace You shall do your best endeavour upon complaint to you made to apprehend all Felons Barretors or Riotors or persons riotously assembled and persons making Affrays and if any such Offenders shall make resistance with force you shall levy Hue and Cry and pursue them until they be taken You shall do your best endeavour that the Watch in your Town be duly kept and that Hue and Cry be duly pursued according to the Statutes and that the Statute made for punishment of Rogues Vagabonds and Night-Walkers and such other idle and wandring Persons coming within your Liberties 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 Games or Plays are or shall be used as also to such persons as shall frequent or use such places or shall exercise or use any unlawful Games or Plays there or elsewhere contrary to the Statute At your Assizes Sessions or Leet you shall present all and every the Offences committed or done contrary to the Statutes made and provided for the restraint of inordinate haunting and tipling in Taverns Inns and Alehouses and for repressing of Drunkenness and profane Swearing You shall true presentment make of all Blood shedding Affrays Outcries Rescues and other Offences committed or done against the publick Peace within your Limits You shall well and truly execute all Precepts and Warrants to you directed from the Justices of Peace and others in Authority in this County And you shall well and truly according to your knowledge power and ability do and execute all other things belonging to the Office of a Constable so long as you shall continue in the said Office So help you God Note that it has ben part of this Oath to see the maintaining of Archery but this seems to be out of use The Oath is many times contracted in Form and administred briefly thus YOu shall swear That you shall well and The Oath in short truly execute the Office of Constable or of a Tithing man c. for the Town or for the Parish or Tithing c. of A. for the next Year or for half a Year as the time is to be and until another be sworn in your room or you shall be legally discharged thereof So help you God c. CHAP. II. Of the several Duties incumbent on all Constables after they are Sworn according to the particular Branches of their Oath BY the Form of the Constables Oath The Heads of the Oath it appears that he is sworn to some things in general and to others in particular 1. In general to serve the King and Queen and if in a Leet the Lord of the Mannor in the Office of a Constable This extends to his whole Office 2. In particular to see the King and Queens Peace to be kept and preserved 3. To arrest such persons as shall in their presence ride or go offensively Arm'd or commit any Riot or Affray c. 4 Upon Complaint to apprehend all Felons Barretors Rioters c. and upon resistance to levy Hue and Cry and pursue them 5. To see the Watch be duly kept in the Town 6. To see that the Statute for punishment of Rogues Vagabonds Idle persons and Night-Walkers be duly put in execution 7. To have a watchful Eye upon persons keeping unlawful Gaming houses and such as frequent the same and use any unlawful Games and Plays there or elsewhere 8. At the Assizes Sessions or Leet to present the Offences of Tipling Drunkenness and profane Swearing against which the Statutes have provided 9. To present all Bloodshedding Affrays Outcries Rescues c. 10. To execute truly all Precepts and Warrants to them directed from the Justices and others in Authority The rest is in general to do and execute all other things belonging to the Office of a Constable to the best of his power knowledge and ability and this again extends to his whole Office I will first treat of these things which Particulars of the Oath first treated of are particularized in his Oath and next endeavour to shew all such other things as belong to his Office Note that the Statute of 25 Car. 2. ca. 2. which appoints Officers and others to take the Oaths of Allegiance and Supremacy c. doth not extend to High-Constables Petty-Constables Headburroghs or Tithingmen nor to Churchwardens Overseers of the Poor or the like inferior Civil Officers This Office of Constable c. seems to be Composition of the Office in 2 parts made up of two parts the one derived from the ancient Common Law of the Nation the other from divers Statutes and Acts of Parliement His Authority also is several in some things acting of himself without any command from others and this is said to be ex Officio and in other things not to Ex Officio Warrant act without a Commandment Warrant or Precept from another person It is in his power by the virtue of his Office to preserve their Majesties Peace 1. In foreseeing and preventing that nothing be done that directly will or probably may be an occasion of the breach thereof 2. In quieting such as are actually breaking the same 3. In punishing such as have already broke the Peace ☞ First For the preventing the reach of Preventing and preserving the Peace ex Officio the Peace he ex Officio without a Warrant from a Justice by Night or by Day may Arrest suspected persons Strangers and others that walk in the Night and sleep in the Day He may stop all such persons as go or ride unlawfully Arm'd and take their Arms from
them and commit them to Prison and if he be inform'd of such as haunt Bawdy-Houses or other suspicious Places or of any lewd Man and Woman that are together and about to be incontinent and lewd he may take assistance with him and Arrest them 13 Ed. 1. 4. Cromp. 6. 12 H. 7. 18. Fitz. Just 200. If any be about to make an Assault or His Authority about an Affray Affray the Constable may in the King's Name command them to forbear and depart on pain of Imprisonment Dalt fo 33. And this he ought to do or he may be Fined for his neglect if it be presented by the Inquest at the Sessions of the Peace Cromp. 146. Tho' some say If he be sent for to keep the Peace and will not come he shall not be Fined But Quaere If they will not surcease but still threaten To put the Affrayers in Stocks c. to beat hurt or kill one another and fly into fury and passion he may commit the Offenders to the Stocks or in other safe Custody until such time as he can carry them before some Justice of the Peace to find Sureties for their Beaviour Dalt ca. 1. fo 4 5. 118 340. 3 H. 4. 9 10. But if there be nothing but Words it seems the Constable may not lay hands on them Dalton 34 158. Secondly If they draw Weapons or give He may require Assistance Blows the Constable may command others to assist him and if the Affrayers make resistance against him he may justifie the beating or wounding of them and setting them in the Stocks and it shall be murder in the Affrayers if they kill the Constable or any that assist him And if any person be dangerously hurt in the Affray the Constable * Note that in such case any other person may arrest the Offender may arrest the Offender and carry him to a Justice of Peace who is either to Bail him or Commit him to Prison until it be known whether the Party hurt will live or die 4 Co. 4. 9 Co. 66. Lamb. 135. Dalt 33. If an Affray or Assault be made upon Affray upon the Constable the Constable he may defend himself and put the parties in the Stocks till he can carry them to a Justice of Peace or to the Gaol and he may call others to assist him to do this who may justifie the doing of it Dalton 35. Kitch 69. If a Constable or any of his Assistants Hurting the Constable or his Assistants shall be hurt in an Affray they may have good remedy but if the Affrayers be hurt in resistance they shall have no remedy against them Lamb. 141 142. 21 H. 7. 21. Thirdly After an Affray or breach of Warrant where requisite the Peace be over it is said That the Constable without a Warrant cannot arrest the Affrayers except some person be dangerously hurt as he may before or during the Affray 38 H. 8. 6. But quaere Quaere Pursuit of Affrayer For it s said That if the Affrayers when they see the Constable come to arrest them shall fly into a House by which it seems the Affray is over the Officer may in fresh pursuit of them ex Officio break open the Doors and apprehend them and if they fly into any Franchise within the County he may follow and take them nay though they fly into another County yet he may pursue them and cause them to be taken there but then in this last case out of the County he can meddle no further but only as Assistant to the Constable there to carry them before some Justice to cause them to find Sureties and so much every private man may do Dalton 28 29 33 34. Lamb. 135 143 144. Cromp. 146. And it is also said That if an Affray Affray in a House and the Doors shut be in a House and the Doors are shut and tho' none of the Parties have taken any hurt yet the Constable may ex Officio break into the House to see the Peace kept See Dalton ca. 8. fo 33 34. and Lamb. 135. It has been held That the Constable might Ex Officio take Sureties for the Peace Trin. 35. Eliz. Skarrets Case But it was then the opinion of others that he ought to carry the Offender before a Justice and this is the usual and safest way And 't is held that though a Constable may do what he can to keep the Peace yet he cannot at the request of any man take surety of the Peace Cromp. 6. 12 H. 7. fo 18. a. 3 H. 4. 9 10. Kitchin fo 69. a. Dalton fo 4. 5. ☞ Secondly For the arresting such Arresting persons offensively arm'd Persons as Ride or go Offensively Arm'd you must observe That if any Person shall Ride or go Armed offensively before their Majesties Justices or any other their Officers or Ministers in the time of executing their Office or in Fairs or Markets or elsewhere by Day or by Night in affray of their Majesties Subjects and breach of the Peace or wear or carry any Daggers Guns or Pistols Charged The Constable upon sight thereof may seize and take away their Armour and Weapons and have them apprized as forfeited to their Majesties and may also carry the Persons wearing them before a Justice to give Surety to keep the Peace 2 Ed. 3. ca. 3. 7 R. 2. 13. 20. R. 2. c. 1. Dalton Just ca. 9. fo 35. and 159. But their Majesties Servants in their presence Who may be arm'd and when Sheriffs and their Officers and other their Majesties Ministers and such as assist them to execute their Office and all Persons pursuing Hue and Cry in case of Felony and other Offences against the Peace have lawful Authority to bear Armour or Weapons Dalt ca. 9. fo 36. 5 Co. fo 72. 3 Co. Iust fo 162. The Constables have further Authority to search for Arms but this is by Warrant of which more hereafter As to Riots Routs c. Nota That Sheriffs Suppressing of Riots c. Constables and all other their Majesties Officers shall suppress Rioters and imprison them and all other Offenders against the Peace 17 R. 2. ch 8. All their Majesties Leige people upon Assistants warning shall be assistant to the Justices Commissioners Sheriff and Undersheriff upon pain of Imprisonment and to make Fine and Ransom to their Majesties Stat. 2 H. 5. 8. Dalton J. P. ca. 46. fo 114. It is to be Noted That when three or What may be called a Riot Rout or unlawful assembly more Persons do assemble themselves together to and with the intent to beat or mayhem a Man to pull down a House Wall Pales Hedge or Ditch wrongfully to claim or take Common or a way in a Ground to destroy any Park Warren Dove-house Pond Pool Barn Mill or Stack of Corn or to do any other unlawful act with force and Violence and against the Peace and in manifest terror of
Rogues and if any threaten so to do unless he give good Sureties for the discharge of the Parish he may be sent to the House of Correction See Dalt ca. 47. Resol Jud. Sect. 4. 5. If the Constable neglect his Duty he Forfeitures for not apprehending Rogues c. forfeits 10 s as before and such as disturb or hinder the Execution of the Law forfeit 5 l. as before So every Person that shall not apprehend such Rogues as he shall see or know resort to his House to Beg c. and shall not carry them to the next Constable shall forfeit 10 s. as before 39. Eliz. ca. 4. 7 Jac. 4. Yet any Justice of the Peace may reward Reward for apprehending Rogues c. any Persons who shall apprehend and bring before him any Rogue Vagabond or sturdy Beggar by granting to such Persons under his Hand and Seal to the Constable or Tything-man of the Place through which the Rogue did pass unapprehended ordering him to give such Person 2 s. for every Rogue so taken on pain of being proceeded against according to the Statutes of 39. Eliz. 1. Jac. 7. And out of the Mony forfeited by the Constable upon the Statute 1 Jac. the Justice may allow the said 2 s. Stat. 13. 14. Car. 2. ca. 12. which Statute being expired was 1 Jac. 2. reviv'd for 7 years And so they that apprehend Vagabonds Rogues atprehended on the Confines of a County c. at the Confines of a County which passed through any Parish in another County unapprehended may go to a Justice of Peace of that County where such Rogue c. was not apprehended who upon Certificate from some Justice of Peace of that County where such Rogue c. was apprehended may grant such Warrants to the Constable to reward them as aforesaid and in case of the Constables refusal to pay the Justice of the County through which the Vagabond passed unapprehended may cause the Constable there to pay to such Person or Persons as apprehended him or them 10 s. or so much thereof for their Expences and loss of Time as he thinks fit which he forfeited by 39 Eliz. See Stat. 13 14 Car. 2. ca. 12. revived for 7 years Also Constables Headburroughs and How Constables are to be repaid their Charges in conveying of Rogues c. Tything-men out of Purse for conveying Vagabonds c. to Houses of Correction or Work-houses They the Constables c. the Churchwardens and Overseers of the Poor and other Inhabitants in the Parish may Tax all chargeable by the Stat. 43 Eliz. Chap. 2. which Rate being affirmed under Hand and Seal by two Justices of the Peace they may levy it by Distress and sale of Goods 13 14 Car. 2. ca. 2. See Wing Abridg. of Stat. Tit. poor People Note This Statute 13 14 Car. 2. cap. 12. Except what concerned the Corporations of Workhouses within the Weekly Bills of Mortality was but to continue till the next Session But 19 May 1 Jac. 2. it was revived for 7 years and to the end of the next Session Note That if the Constable or Tithingmen Constables c. fined for not searching for Rogues according to Warrant and for not giving an Account how many have been Convicted neglect to make privy Search for Rogues upon Warrant from the Justices of Peace and to appear before the Justices at their Meeting appointed for that purpose to give an Account upon Oath in writing under the Ministers hand testifying what Rogues c. they have taken in that Search or since the last Meeting and how many have been punished or otherwise sent to the House of Correction Or if they neglect safely to convey such to the House of Correction as by the said Justices Warrant are to be committed thither they are to incur what Fine the Justices please to set upon them so that it exceed not 40 s. 7 Jac. 1. cap. 4. We have spoke before concerning Wandring Labourers refusing to work for reasonable Wages having no other livelyhood Yet you may observe That the Constable Constables may set on work Labourers c. in Hay or Corn harvest c. has power ex Officie to set on work all Artificers or Mechanick Tradesmen fit to labour by day upon Request to him made by any person that wants help in Hay or Corn Harvest And if they refuse he may set them in the Stocks two Days and one Night and if the Constable neglect his duty herein he shall forfeit 40 s. Stat. 5 Eliz cap. 4. We spoke before of Servants leaving Servant departing from one Service in one Town to another Service in another Town c. without a Testimonial their Services without Testimonial c. 'T is true these Testimonials now are seldom regarded yet the Law gives a great Penalty in this case For the Master that retains a Servant without a Testimonial forfeits 5 l. And every Servant which sheweth not a Testimonial to the Chief Officer in a Corporation or to the Constable Minister or Churchwardens where he is to dwell may be Imprison'd till he can get one which if not procured within 21 days or if he produce a false he is to be whipt and used as a Vagabond Statâ— 5 Eliz. Chap. 4. These Testimonials if in a Town Corporate Who must make the Testimonials are to be under the Hands and Seals of the Town and two Housholders there and in the Country under the Seals of the Constable or Constables and two Housholders there Which Testimonial shall be made and delivered to the Party and also Registred by the Minister of the place where the Servant dwelt for which the Minister is to have Two pence Note No Penalty for not delivering a Testimonial to the Servant The Form of the Testimonial is this MEmorandum That A. B. Servant to The form of the Testimonial C. D. of J. in the County of E. Husbandman Taylor or the like in the said County is Licensed to depart from his said Master or Mistress or Dame as the case happens and is at his liberty to serve elsewhere according to the Statutes in that case made and provided In witness whereof We have hereunto set our Hands and Seals the 26th Day of October in the Third Year of the Reign of our Sovereign Lord and Lady King William and Queen Mary Anno Dom. 1691. A. B. Constable of I. C. D. Housholder there E. F. Housholder there One would wonder how so strict a Law should be so soon disused but it may be for that it found a great Inconvenience for a Servant to get such a Testimonial however the Law is still in force As to this Branch of the Oath that Night-Walkers concerns Night-Walkers and such other Idle persons I have spoke of that before in the Duty of the Constable and his Watch. Yet it is said That any Private man may arrest Night-Walkers however then he must deliver them
before one Justice shall forfeit five Shillings to the Poor to be levied and employed as the Penalties of 1 Jac. 9. And in case he Penalty be not able to pay it shall remain in the Stocks six Hours And for the second Offence Stocks of Drunkenness may be bound to good Behaviour 4 Jac. 5. 21 Jac. 7. Here the Officer that neglects to levy Officer forfeits 10 s. the said Penalty upon Warrant shall forfeit 10 s. to be levied and employed as aforesaid 4 Jac. 5. A Town-Dweller which is convict to One convict of Tipling sit Tipling in any Inn Victualinghouse or Alehouse by the View of one Justice or the proof of two Witnesses shall forfeit Ten Groats to be levied and employed as Forfeiture aforesaid and being not found able to pay it shall remain in the Stocks four Stocks Hours 4 Jac. 5. These Offences as also those mentioned Where these Offences shall be enquired in 1 Jac. 9. shall be enquired of heard and determined at the Assizes Quarter-Sessions in Corporate Towns and in Leets 4 Jac. 5. And all Constables Churchwardens Officers sworn to prevent them Headburroughs Tithingmen Aleconners and Sidemen shall be charged on their Oaths to prevent the said Offences 4 Jac. 5. 21 Jac. 7 None shall be twice punished for one But one Punishment for one Offence Offence 4 Jac. 5. †Vintners within these Acts. Vintners which do also keep Inns or Victualinghouses shall be taken to be within these Acts 1 Jac. 9. 4 Jac. 5. and 1 Car. 4. The Offenders 4 Jac. 5. to be prosecuted within six Months By Stat. 3 Car. 3. none shall keep an Alehouse without License Alehouse without Licence in pain to forfeit 20 s. to the Poor which the Constable and Churchwarden upon Warrant before the Justice shall levy by Distress Distress and after three Days default of payment may sell the Distress to satisfie the Penalty rendring the Overplus And in case the Delinquent hath not wherewithal the said Justice shall commit him to the Constable Alehouse-keeper Whipt Officer punisht to be openly Whipt And here the Officer that neglects to execute the Warrant or to punish the Offender shall suffer Imprisonment without Bail or pay 40 s. to be employed as aforesaid See Dalton's Just fo 31 32. Alridg of Stat. Tit. Alehouses c. And by 21 Jac. 7 10. the Alehouse-keeper shall be disabled for three years who offends against 1 Jac. 9. and 4 Jac. 5. And Note That if a Common Inn-keeper Alehouse-keeper refusing to lodge Travellers or Alehousekeeper will not lodge a Traveller who profers ready Mony before-hand for his Victuals In such case the Constable may cause such Innkeeper or Alehousekeeper to be Indicted at the next Sessions or Assizes where the Justices may Indicted and Fined Damages recovered by the Traveller fine and imprison him Or in such case the Traveller grieved may bring an Action and recover Damages against the Innkeeper c. Dalton fo 28. 9 Co. 27. b. 10 H. 7. 8. Next For the repressing of Profane Swearing If any shall Swear or Curse within the Profane Cursing and Swearing hearing of a Justice of Peace of the County Mayor Justice Bayliff or Head-Officer of any City or Town Corporate where the Offence is or shall be convicted thereof by his own Confession or the Evidences of two Witnesses upon Oath before such Mayor Justice or Head-Officer he Forfeitures he shall forfeit 12 d. for every time and the Justice of Peace or Head-Officer may thereupon issue out their Warrant to the Constables and Churchwardens and Overseers of the Poor of that Parish where the said Offence shall be committed to levy the sum and sums of Mony by distress and sale of the Offenders Goods rendring the Overplus if any be to the Owner And where no Distress is to be had the Offender set in the Stocks Offender Whipt Offender if above 12 years of Age shall by Warrant as aforesaid be set in the Stocks Three hours but if he be under 12 years and shall not forthwith pay the sum of 12 d. per Oath then he shall be Whipt by the Constable or by the Parent or Master in the Constables presence 21 Jac. cap. 20. 3 Car. cap. 4. 17 Car. cap. 4. Dalton 138. I spoke before of the Constables Authority upon Notice of a Womans being in Adultery and of a Man and Woman of evil Fame going to a Suspected house ☞ I will next set down the Constables Office concerning such as Profane the LORD's-Day And observe That in the opening the 5th 6th and 7th Branchâ—â— of this Oath is set down the Duty of the Constables as the Matters mentioned in the Abstract of Penal Laws lately commanded by the QUEEN to be put in Execution The Constable Headburrough c. oâ— Penalties upon such as use unlawful Sports and Pastimes on the Lord's-Day Churchwardens by Warrant from a Justice of Peace or other Chief Officer of any City Burrough or Town Corporate under their Hand and Seal against such as use Unlawful Games on the LORD's-Day as Bearbaitings Bulbaitings Enterludes Common Plays or other Unlawful Pastimes within or out of their own Parish may levy the Penalty of 3 s. 4 d. by distress 3 s. 4 d. and sale of the Offenders Goods rendring the Overplus to the Owners and in default of Distress the Constable is to set the Offender in the Stocks by the space of Stocks Three hours 1 Car. 1. cap. 1. The View of one Justice in the Country Conviction by View or one Witness c. To be prosecuted within a Month. General Issue or Chief Officer in a Corporation or Parties own confession or the Oath of one Witness shall be a sufficient Conviction But the Party offending against this Act must be question'd within a Month after the Offence committed And if the Officer be questioned he shall plead the general Issue and yet give the special Matter in Evidence 1 Car. 1. cap. 1. Dalt fo 63. Abridg. of Stat. p. 275. Every person keeping or being present 5 s. forfeited on the LORD's-Day at any Wrestlings Shootings Bowlings Ringing of Bells for Pleasure Mask Wake Church-Ale Dancing Game Sport or Pastime whatsoever he forfeits 5 s. if he or she be above 14 years of Age but if he be under he forfeits only 12 d. by him under whose Tuition he or she is And no Carrier with his Horse Waggoner 20s by a Carrier c. with his Wagon Carman with his Cart Wainman with his Wain or Drover with his Cattle shall Travel on the LORD's-Day in pain to forfeit 20 s. for every such Offence 3 Car. 1. cap. 1. Note There must be but one 20 s. forfeit for one Journy though they pass through several Parishes and the Parish where the Distress is first taken shall have it See Dalt fo 134. Neither shall any Butcher by himself or
Butcher 6s 8d any for him kill or sell any Victual upon the same day in pain of 6 s. 8 d. 3 Car. 1. cap. 1. Here the Conviction of the Offender Conviction by View or two Witnesses c. and the levying and employment of the Forfeitures are the same with those of the former Statute save only that here two Witnesses are necessary This Action shall be prosecuted within six Months and here also the Officer may plead the General Issue Stat. 3 Car. 1. General Issue cap. 1. And note That a Churchwarden may levy 12 d. upon such Persons as repair not every Sunday to some Church or Chapel by 1 Eliz. cap. 2. But by 3 Jac. 4. he must levy it by Warrant By the Act of Indulgence he may go to Meeting or Conventicle See more of this hereafter in the Duty of Churchwardens All Laws in force concerning the Observation Penalties on such as shall Work or Sell on the Lord's-Day of the LORD's-Day shall be put in Execution None shall do any worldly Labour or Business on that day Works of Charity and Necessity only excepted and all of the Age of 14 years or upwards offending in the Premisses shall forfeit 5 s. And no person shall publickly Cry or 5 s. expose to Sale any Wares whatsoever on that Day on pain to forfeit them 29 Car. 2. cap. 7. Quaere If selling Drink called for be an Exposing of Wares c. No Drover Horse-Courser Waggoner Butcher Higler or their Servants shall Drover Higler c. 20 s. Travel on that Day on pain to forfeit 20 s. No person shall use or Travel on the Boatman and Passenger 5 s. LORD's-Day with any Boat Wherry c. Except on extraordinary Occasion to be allowed by a Justice of Peace or Head-Officer of the place c. on pain to forfeit 5 s. 29 Car. 2. cap. 7. The Justice of Peace or Chief Officer of Seizure of Goods exposed to Sale the City Burrough c. before whom the Offender is convicted by View Confession or Oath of one Witness shall give Warrant to the Constables or Churchwardens to seize the Goods cried or put to Sale and to sell them and to levy 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 Offender to be set in the Stocks The Penalties aforesaid to be employed to the use of the Poor of the Parish where the Offences are committed saving that any Justice or Head-Officer may out of them reward Informers so as such Reward Informers rewarded exceed not a third part of the Penalties 29 Car. 2. 7. This Act shall not prohibit Dressing of Toleration for Cooks Meat in Families or Inns Cooks Shops c. nor crying of Milk before 9 of the Clock in the morning or after 4 in the afternoon 29 Car. 2. cap. 7. No Persons on the LORD's-Day shall Serving of Process and Arrests serve any Process Warrant c. Except in cases of Treason Felony and Breach of the Peace but such Services shall be void and the Persons serving the same shall answer Damages as if they had done the same without Warrant 29 Car. 2. cap. 7. Disturbing Preachers ANy person Disturbing a Lawful Minister Disturbing of Ministers in their Preaching c. in Preaching Praying or Administring the Sacrament may be presently apprehended by the Constable or Churchwardens and carried before a Justice who may if he think fit commit him to safe Custody and within six Days after with another Justice if they find the Offence proved by two Witnesses commit Commitment him to the Gaol for three Months and from thence till the next Sessions where the Offender giving Security for his good Good Behaviour Submission Behaviour he may be discharged otherwise to be continued in Prison till he make submission And note That if any person rescues such Rescuing the Offender 5 l. an Offender he shall suffer Imprisonment and also forfeit 5 l. And also the Inhabitants of the place if they suffer him to escape forfeit 5 l. if they be presented at the County Sessions Stat. 1 Mar. Sess 2. cap. 3. Some think this Statute is repealed by 1 Eliz. cap. 2. See Dalt fo 103 104. But it is taken notice of in the Abstract of the Laws which its said Her Majesty lately commanded to be put in Execution See more hereafter of Disturbing a Protestant Dissenting Minister Popish Recusants POpish Recusants above 16 years of Popish Recusants Age shall within 40 days after their Conviction repair to their usual Dwelling and not remove above Five miles from Not to remove five Miles from their dwelling c. thence in pain to forfeit all their Goods and Lands and Annuities during life And if they have no certain abode then they are to repair to the place where they were Born or where their Father To give in their Names to the Constables c. or Mother dwells and within twenty days after their Arrival there to give their Names in writing to the Minister Constables and Headburroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headburroughs are to certifie the same to the next Quarter Sessions where the Justices of Peace shall cause them to be Inrolled See Wing Abr. Stat. tit Crown 35 Eliz. cap. 2. The Constables and Churchwardens of Constables to present Popish Recusants at the Sessions every Parish or one of them or if there be none such then the High Constables of the Hundred there are once every Year to present at the 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 On Penalty of 20 s. forfeit respectively for every such default 20 s. Which Presentment the Clerk of the Peace or Town-Clerk shall Record without Fee on pain of 40 s. 3 Jac. 1. ca. 4. Abr. Stat. tit Crown If the Minister Petty Constables or Recusant refusing to take the Oath Churchwardens of any Parish or any two of them shall complain to a Justice of the Peace of any person suspected of Recusancy such Justice may tender the Oath of Allegeance to the Person suspected and if he refuse to take it may commit him to Gaol till the next Assize or Sessions Where if he again refuse he incurs a Premunire but if the Person suspected be a married Woman she shall only be continued in Prison without Bail till she take the said Oath Wing Abr. tit Crown 7 Jac. cap. 6. Dalt fo 10. Note That by a late Act 1 W. M. the old Oaths of Allegeance and Supremacy are taken away and new
Oaths appointed Conventiclers EVery Constable Headburrough Tithingman Constables must levy Fines c. upon frequenters of Conventicles Churchwarden and Overseers of the Poor are authorized and required to levy the Fines assessed by the Justice of Peace upon those who shall be present at unlawfūl Conventicles upon their Goods and Chattels having first received a Warrant under the Hands and Seals of one or more Justices or Chief Magistrate and forthwith to deliver the Mony so levied to the same Justice of Peace or Chief Magistrate 22 Car. 2. cap. 1. If any Constable Headburrough Tithingman Constables must inform of Conventicles on Penalty of 5 l. Churchwarden or Overseers of the Poor shall know or credibly be inform'd of any Conventicle within his Precinct and shall not thereof inform some Justice of Peace or Chief Magistrate and endeavour to Convict the Parties but neglects his Duty he forfeits 5 l. to be levied on his Goods 22 Car. 2. cap. 1. And the said Officers being Constable May break open the Doors to search for Conventiclers Headburrough or Tithingman may upon a Warrant from one or more Justice or Justices or Chief Magistrate with what aid force and assistance they think fit after refusal or denial to enter break open into any House or other place where they shall be inform'd any Conventicle is held as well within Liberties as without and take into their Custody the persons there unlawfully assembled to be proceeded against according to this Act. But no Peers House is to be searched Peers House unless in presence of a Lord Lieutenant or two Justices of the Peace whereof one to be of the Quorum And Note That the Penalties for a Married Wives Penalty levied on Husbands Goods General Issue Woman living with her Husband shall be levied on the Goods of the Husband And any Person Sued for acting by this Law may plead the General Issue and give the Special Matter in Evidence and shall recover treble Costs 22 Car. 2. cap. 1. But Observe further That now Their Exceptions by Act of Indulgence to Dissenters Majesties Protestant Subjects dissenting from the Church of England and qualified according to the late Statute of Indulgence are exempted from Penalties See Stat. 1 W. Ma. 24. Maii 1689. Provided no Popish Recusant have any Not to extend to Popish Recusants benefit Provided also no Congregation be allowed until the place of Meeting be certified to the Bishop or Arch-Deacon or Justice of the Peace c. And provided That if any Assembly of Dissenters not to keep their Meeting House Doors lock'd or barr'd c. Persons dissenting from the Church of England shall be had in any place for Religious Worship with the Doors lock'd barr'd or bolted during the time of such Meeting together All and every Person that shall come to and be at such Meeting shall not receive any benefit from this Law notwithstanding his taking the Oaths and making and subscribing such Declarations c. as are in the said Act contained 1 W. M. 24 Maii 1689. ☞ You shall true Presentment make of all Bloodshedding Affrays Outcries Rescues or other Offences committed or done against Their Majesties Peace within your Limits This Branch explains it self and it is When and where Constables must make their Presentments the Duty of High Constables and Petit Constables to attend upon aid and assist and execute the Warrants of the Judges of Assize at their Assizes and Gaol-Delivery and the Justices of Peace at their General and Special Sessions and other Meetings and there upon Oath and in Writing if it be required to make Presentment to them of things within their knowledge against the Peace and of such other things as are usually contain'd in Articles exhibited to them for that purpose As concerning Felons Hue and Cry Watch Punishment of Rogues Labourers Servants Apprentices Idle and Suspected persons the Assize of Bread and Beer Weights and Measures Bridges in Decay Alehouses Licensed and Unlicensed Gaming-Houses harbouring Rogues Tipling and Drunkenness unlawful and Unsealed Measures Defect of Highways c. and if they be Charged they must give Account to all the Particulars of their Office and for any neglect or fault therein Justices may punish them by Indictment or otherwise as in other like cases of neglect or contempt of them Note Most of these Things especially those which are common Nusances as corrupting the Air Water or Victuals by Filth or Carkasses c. stopping of the way and passage Deceit in Weights Measures c. Counterfeiting of Wares and the like the Constables c. are to present at Leets and give Information of the Offenders to the intent they may be punished as the Law requires See Bacon's Cases p. 28. ☞ Ninthly You shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace and others who have Authority in this County First observe That it s said a Justice of How the Constables ought to execute the Justices Warrants Peace may direct his Warrant to the Sheriff Bayliff Constable Headburrough Tithingman or any other Officer or any other indifferent Person by Name though he be no Officer See Dalt fo 332. 14 H. 8. 16. But some Acts of Parliament limit the Officers to whom he shall direct his Warrant c. Secondly Note That generally where a When a Justice makes his Warrant beyond his Power c. Justice of Peace hath Jurisdiction and Authority in the matter though he make his Warrant something beyond his power yet is not the Constable c. to dispute it but must Execute it and he shall be Excused as for Example If the Justice make a Warrant to arrest a Man for the Peace or good Behaviour c. and there is no cause for it yet the Officer shall not be punished for Executing the Warrant But it is otherwise where a Justice of Peace makes his Warrant for something to be done out of the Jurisdiction of the Justice or wherein he is no Judge and here the Officer may be punished if he Execute it and therefore may very well disobey it And it behoves an Officer at his Peril to take notice of the Authority and Jurisdiction of the Justice Dalt fo 334. Lamb. 67 94. Cromp. 74. 14 H. 8. 16. 10 Co. fo 76. Neither ought an Officer to obey a Notorious mistakes in a Warrant Warrant that has apparent and notorious mistakes in it as if it command him to levy of a Man 5 l. because he was Tipling in an Ale-House or had Sworn an Oath or the like where the Penalty amounts not to a tenth part or if it requires the Constable to do something not within his Precincts But otherwise where it is regular The Officer to whom such Warrant is directed ought with all speed and secrecy to Execute it Dalton fo 332. And Note a sworn Officer as a Constable Constable not obliged to shew his
Warrant c. needs not to shew his Warrant to any man when he comes to serve it upon him although he require it yet he ought to acquaint the Person with the Contents thereof and such as is no sworn Officer ought to shew his Warrant on Demand otherwise the Party may chuse whether he will obey it Dalt fo 332. Bro. Faux Impr. 23. 6. Co. 54. 9 Co 68. But 't is said That if the Officer say to Officer gives sufficient notice by these words I arrest you c. Party I arrest you in the Kings Name c. That is a sufficient notice what he is and in such case though the Party knoweth he is no sworn Officer he ought at his Peril to obey him and if the other hath no lawful Warrant the Party grieved may bring an Action of false Imprisonment against him Dult fo 333. 9 Co. fo 69. If a Constable or other Officer arrest a Constable makes an arrest first and then procures a Warrant man before he has his Warrant though afterwards he procure one to arrest the party for the same cause yet is it a wrongful arrest and the Officer is subject to an action of false Imprisonment Dalt 333. Lamb. 93. Dyer 244. If a Constable c. after he hath arrested Constable takes the Offenders word for his appearance the party by virtue of his Warrant le ts him at Liberty upon his promise that he will come again at another day and go with him to the Justice and if the party comes not at the day appointed The Constable in this case cannot take him again upon the same Warrant because he went at Liberty by his consent but if he had escaped of his own wrong without the consent of the Officer in such case it s said the Officer may make fresh Suit and take Fresh Suit him again and though he run out of sight or fly into another Town or County he may bring him back before the Justice that granted the Warrant on which he first arrested him Dalton fo 333 340. Cromp. 148 172 173 214. Vid. antea concerning Escapes It s said That if there be two or three 3 Persons of one Name and the wrong man is arrested Quaere of this Constable takes the Offender whose name was mistaken in the Warrant Persons known by the Name of A. B. of C. Gent. and a Warrant is granted against one of them wherein the wrong Person is arrested in such case false Imprisonment will not lye Dalt 333. 11 H. 4. fo 90. 5 E. 4. fo 51. But where a Warrant is granted against A. B. Son of E. B. and the Officer takes A. B. Son of J. B. who in truth is the right Person that offended and was complained of yet the arrest is wrongful and the Officer lyable to an action of false Imprisonment Dalton 333. 10 E. 4. 1. Bro. 38. It has been held That a Justice of Peace Warrant against a Felon cannot make a Warrant to arrest a Felon unless he be first Indicted of Felony or that the Justice himself hath a suspicion of the Felon But yet if the Constable or other Officer do execute the Warrant he may justify it though there was Error in the Justice 14 H. 8. 16. Bro. Peace 6 Faux Imp. 8. Dalt fo 331. Note it is said before That a Constable Nota. Ex Officio may upon suspicion or information arrest a Felon Yet it s said that common Fame and One arrested for Felony and none done Voyce is not sufficient cause to arrest a man for Felony unless a Felony be done indeed But where a Hue and Cry either by the Common Law or Statute is Levyed upon a Person the arrest of him is lawful though the Hue and Cry be feigned And Hue and Cry feigned if it be feigned he that Levies the same may be arrested fined and Imprisoned 29 E. 3. 9. 38 E. 3. 6. 3d part Co. Inst fo 118. 21 H. 7. 28. Note That a Constable or other Officer Where the Constable may break open the House upon a Justices Warrant for Treason Felony and the like or in any other case where the King is a Party may by vertue of the Warrant break open any House to arrest the Offender having first signifyed the cause of his coming and required them to open the Doors 5 Co. fo 9. Cromp. 171. Dalt fo 204 205 333. Note also That if any Person shall abuse Punishment of such as abuse the Justices Warrant the Justice of Peace his Warrant either by throwing it into the Dirt treading it under Feet burning it or the like Such person for such his Contempt may be bound to his good Behaviour and may also be Indicted and fined for the same for it is the Kings Process Cromp. 149. Dalt fo 334. Note also upon a General Warrant Before what Justice the Offender must be carried The Constable may chuse his Justice but where the Warrant runs only to bring the Party before the Justice granting it Then the Constable must carry him before that Justice and not elsewhere Lastly Observe That a Person committed Offenders committed to Gaol must bear their own Charges to Gaol ought to bear his own charges to be levyed of his Goods and Chattels by a Justices Warrant for that purpose but if he have not Goods then the Parish where he was apprehended is to bear the charge of conveying him by an indifferent Assesment by the Constable and Church-Wardens and two or more of the Inhabitants allowed of by a Justice of Peace And the Gaoler is bound to receive the Prisoner freely without taking any thing of the Officer that brings him See Stat. 3. Jac. 1. Chap. 10. ☞ Tenthly You shall well and truly according to your Knowledge Power and Ability do and execute all other Things belonging to the Office of a Constable so long as you shall continue in the said Office This is the last Branch of the Constable's Oath and extends to all other things belonging to his Office Therefore I shall next endeavour to set them down in order for your Instruction CHAP. III. The Constables Office about Seizing Arms c. THe Lieutenants of the Militia or Constables to seize the Ayms of such as the Lieutenants of the Militia judge dangerous two or more of their Deputies may by Warrant employ Persons of which a Commission-Officer and a Constable or his Deputy or the Tythingman or in their absence some other Officer of the Parish shall be two to search for and seize Arms in the Custody of such as the said Lieutenants or any two of their Deputies judge Dangerous and to secure them and give account thereof to the said Lieutenants c. 13 14 Car. 2. ca. 3. No Search to be made between Sun setting When the Search must be made and Sun-rising other than in Cities and their Suburbs Towns Corporate Market Towns and Houses within
the Bills of Mortality if the Warrant so directs Ibid. No Dwelling-house of a Peer shall be Searching of the House of a Peer searched but by Warrant from the King under the Sign Manual or in the presence of the Lieutenant or one Deputy Lieutenant Ibid. In case of Resistance it shall be lawful In case of Resistance to enter with Force and the Arms seized may be restored if the Lieutenants their Deputies or any two of them think fit 13 14 Car. 2. ca. 3. High Constables Petty-Constables and other Officers shall be assisting in the Execution of the Premises The Constables also by Warrant for Constable to levy Fines c. that purpose under the Hand and Seal of the Lieutenants and their Deputies or three of them are to Levy to such Sums as shall be charged upon such as neglect to provide Horse-men and Foot-men Arms c. according to the Act 14 Car. 2. ca. 3. 15 Car. 2. ca. 4. And where sufficient Distress cannot be Lack of distress and commitment had Then the Lords Lieutenants or their Deputies by like Warrant to the Constable may commit such Offender to Prison until he shall make satisfaction according to his Forfeiture Payment or Penalty 15 Car. 2. Ca. 4. The Constables or their Deputies Headburroughs Constables to seize Popish Recusants Arms and Tything men from time to time are to assist such as shall be impowred by Warrant under the Hands and Seals of two Justices of Peace or more to search for all Arms Weapons Gunpowder or Ammunition which shall be in the House Custody or Possession of any Popish Recusant and to search the same for the use of their Majesties Stat. 11. Maii primo W. M. All Popish Recusants and other Persons Disturbers to be committed concealing Popish Recusants Arms or disturbing such as are authorized to search and seize the same shall by like Warrant as aforesaid be committed to the common Gaol for three Months without Bail and shall forfeit the said Arms and lose treble the value of them to their Majesties and their Successors Also the Constables c. are to be aiding To seize the Horses of Popish Recusants above 5 l. value as aforesaid to search for the Horses of Popish Recusants above the Value of 5 l. a piece and to seize the same for their Majesties use and to carry to Gaol such as shall conceal any such Horses to be committed by like Warrant for 3 Months without Bail and to forfeit treble the value of such Horse or Horses 1 W. M. 11. Maii 1689. The Constable also is to obey the Justice Amoving Papists 10 Miles from London and Westminster his Warrant for bringing before him and amoving Papists and reputed Papists from the Cities of London and Westminster and 10 Miles distant from the same 14 April 1 W. M. 1689. CHAP. IV. Account BAyliffs Constables and Sheriffs and other Officers are to Execute the Orders and Precepts of the Commissioners appointed to Examine and State the publick Accounts of the Kingdom by an Act 2 W. M. CHAP. V. The Constables Office about Seizing of Cattle c. COnstables Tything-men Headburroughs Constables to Seize Irish Cattle Church Wardens or Overseers of the Poor or any other Person may take and Seize all great Cattle Sheep or Swine or any Beef Pork or Bacon brought from Ireland And that to prevent fraudulent Seizures and Compositions the Seizors shall within six days after Conviction and Forfeiture cause the said Cattle Sheep and Swine to be killed and the Hides and Tallow shall be to the Seizor and the Remainder to be Distributed by the Church-wardens and Overseers amongst the Poor of the Parish where any such great Cattle Sheep or Swine shall be Imported or found Stat. 18 Car. 2. Cap. 2. 20 Car. 2. ca. 7. 32 Car. 2. Cap. 2. The Seizor Church-warden or Overseer Penalty upon Seizor for neglecting his Duty failing in his Duty shall forfeit 40 s. for every one of the great Cattle and 10 s. for every Sheep or Swine which should have been so killed and distributed One Moiety to the Poor of the said Parish the other to the Informer to be levyed by Distress and Sale of the Offenders Goods Commitment for want of Distress by Warrant from any one Justice of Peace and for want thereof the Offender to be committed to Gaol for thee Months without Bail 32 Car. 2. Cap. 2. Mutton and Lamb Imported shall be Mutton and Lamb to be Seized subject to the like Seizures and the Importers and Sellers to the like Penalties as they are for Importing of Beef Pork or Bacon and so it is for all Butter and Cheese which shall be Imported from Ireland 32 Car. 2. ca. 2. And Note That if any great Cattle A 2d Seizure may be made Sheep or Swine which have been Seized shall be found alive in any other Parish or Place they are subject to a 2d Seizure and to be killed for the benefit of the Seizor and the poor of the Parish or place in the same manner as is ordered upon the first Seizure And if there be any English Scotch Intermixed Cattle all forfeited or other Cattle intermixed with Irish Cattle They shall all be deemed and forfeited as Irish 32 Car. 2. ca. 2. CHAP. VI. The Constables Office about providing Carriages c. for the King THe Constables formerly by many Statutes had much to do in taking up Provisions and Carriages for the King and his Court But by the Statute 12 Car. 2. Cap. 24. as concerning Provisions Pre-emption and Purveyance taken away It is Enacted That no Pre-emption that is a Priviledge of Buying before others shall be allowed the King or any of the Royal Family in or out of any Market but the Subjects may dispose of their Goods as they please Nor shall any Person by colour of Purveyance take any thing of any Subject without the Owners assent nor shall require any to find Horses Oxen or other Cattle or Carriages for any King or Queen c. without consent as aforesaid And if any shall make Purveyance or Purveyor committed to Gaol impress any Carriage otherwise one Justice and the Constable at the request of the Party grieved may commit him to Gaol and Indict him next Assizes or Sessions and the Party grieved may by Action recover treble Damages and treble Costs against the Offender 12 Car. 2. cap. 24. This Act confirm'd by 13 Car. 2. cap. 7. Provision made for the Kings Carriages in his Royal progress But it being found to be too prejudicial to the King if the Subjects might not be forced at reasonable Rates to furnish the King with Carriages Therefore by a Statute 13 Car. 2. cap. 8. It was provided That the Clerk or Chief Officer of the Kings Carriages three Days before His Majesties arrival should give Notice to the two next Justices to the place to provide such
Place on the Premisses charged with the Rent distrained for Replevy the same according to Law Then in such ease the Landlord or Person distraining may with the Sheriff or Under-sheriff of the County or with the Constable of the Hundred Parish or Place where such Distress shall be taken who are required to be aiding and assisting therein cause the Goods and Chattels to to be Appraised by two sworn Appraisers Goods to be Appraised and sold whom the Sheriff Under-sheriff or Constable are impower'd to Swear and afterwards sell the same for the best price towards the Rent and Charges of Distress Appraisment and Sale leaving the Overplus in the Sheriff or Constables hand for the Owners use Stat. 11 Maii 1690. primo Willielmi Mariae And the like may be done as to Sheaves Corn and Hay distrained for Rent or Cocks of Corn loose or in the Straw or Hay in any Barn or Granary or on any Hovel Stack or Rick which before this Act were not distrainable But note That these last mentioned Corn and Hay not to be removed till default of Replevin c. Goods c. are not to be removed from the place where found and seized but to be kept there as impounded until the same shall be replevied within the time aforesaid or sold in default of such Replevin 11 Maii 1 W. M. CHAP. X The Constables Office about Excise EXcise Men aliàs Gagers when Constables to assist Gagers and Excise-Men they intend to enter by Night into the Houses of Brewers Victuallers Distillers c. to Gage their Coppers Fat 's or Vessels or take an account of their Beer Ale Wort Perry Cyder Strong-Waters Metheglin Mead Coffee Chocolet Sherbet or Tea brewed made or distilled there are to take a Constable along with them 12 Car. 2. cap. 23 24. Note the Excise of Coffee is now paid in the Berry c. See primo W. M. 25 Julii 1689. concerning Distillers of Strongwaters c. Also Constables c. upon Warrant to To levy Penalties upon the Offenders against the Acts of Excise them directed from the Justices of Peace are to levy the Penalties upon the Goods of the Offenders against the Acts for Excise by distress and sale thereof rendring the Overplus and for want of Distress to carry the Party to Gaol till satisfaction be made 12 Car. 2. cap. 23 24. The Constables are also from time to To summons Brewers c. before the Commissioners time upon Warrant to them directed to summon all Alehousekeepers c. to appear before the Commissioners of Excise at the Days and Places in such Warrants appointed CHAP. XI About Fish Constables and Churchwardens by Constables are to levy the Penalties upon such as destroy the Spawn of Fish Warrant from a Justice of Peace are to levy the Penalties upon such as destroy the Spawn and Breed of Fish along the Sea-shoar or in any Haven or Creek or within five Miles of the Mouth of any Haven or Creek by fishing with Nets of a less Mesh than three inches and an half betwixt knot and knot except for the taking Smoulds in Norfolk only or with a Canvas-Net or other Engin. The Penalty is 10 s. to be levied by distress and sale of the Offenders Goods Note that in Corporations the Penalty may be levied by the Head Officers 3 Jac. cap. 12. To search for Nets and Engins used to destroy Fish Also Constables upon Warrants from the Justices of Peace in the Counties of Worcester Salop and Gloucester are to search for unlawful Nets or Engins used to take Fish in the River of Severn in all suspected Houses and to seize the unlawful Instruments and bring them to the Quarter-Sessions to be destroyed Stat. 30 Car. 2. cap. 9. CHAP. XII About French Goods c. prohibited NOne shall sell or offer to sale export Constables c. to search for French Goods imported or import Foreign Bone-lace Cut-work Embroidery Fringe Band-strings Buttons or Needle-work of Thread or Silk on pain to forfeit for selling or offering to sale as aforesaid 50 l. and the Goods themselves and for importing 100 l. and the Goods imported the one moiety to the King the other to him that will sue in Court of Record And the Constables upon Warrant to them directed from the Justices of Peace are to search for such Manufactures in Shops being open Warehouses and Dwelling-houses and to seize them Stat. 13 14 Car. 2. cap. 13. By an Act primo Williel Mar. for French Goods to be destroy'd prohibiting Trade with France Wines Vinegar Brandies and other liquid Commodities single or mixt shall be staved spilt and destroyed and Linnens Silks Paper and other Commodities mixt or unmixt shall be publickly burnt and destroyed And such Persons as presume to take up or save any of the said Commodities so to be destroyed Forfeitures shall forfeit 40 s. over and above the Value of the Goods And the Persons importing shall forfeit the full value thereof and the Persons keeping or selling any such prohibited Goods shall for the first Offence forfeit the full value thereof for the second double Forfeitures the value and be disabled to execute any publick Employment whatsoever And any person may seize such Goods in whose custody soever to the intent they may be destroyed And every Informer or Prosecutor that shall by collusion or fraud desist or delay his prosecution for any Offence against this Act shall upon Conviction forfeit 500 l. And all Sheriffs Mayors c. Constables Constables to be aiding and other Officers are enjoyned to be aiding in the due execution of this Act in reference to the Commodities aforesaid If any person not being a known Merchant Vintner or Shopkeeper shall sell or expose to sale any such prohibited Goods after Conviction in Their Majesties Court of Record shall suffer 12 Months Imprisonment without Bail above the Penalties Imprisonment Ship Forfeited 500l aforesaid The Ship or Vessel in which they are imported shall be forfeited and all the Furniture c. And the Master or other Person having Care of the Ship or Vessel in the Voyage or out of which any such Prohibited Goods shall be unship'd either at Sea or in Harbours c. into any Hoy or Boat shall forfeit 500 l. And the Justices may by Warrant apprehend him and upon the Fact proved by two Witnesses on Oath may commit him to the next Gaol for Imprisonment 12 Months without Bail or Mainprize And the Seamen Mariners or any other person assisting at the unshipping or conveying of any the said Commodities either by Land or Water shall upon such Proof be subject to like Imprisonment or Seamen c. Whipped be publickly Whipt at the discretion of the Justice of Peace before whom he shall be convicted And the Carts and other Carriages and the Cattle moving the same shall be forfeited one half to the Poor and the other to
the Seizor The Constables c. are upon Warrant Constables to levy the Forfeitures on such as sell Wine by Retail in unlawful Measures to levy by distress and sale of Goods the Forfeitures of such as sell Wine by Retail in Glass-Bottles or other Measures not made of Pewter and lawfully sealed Viz. 50s for every Offence the conviction to be by Confession or Oath of two Witnesses before one or more Justices of the County City or Place where c. and the Offender to be prosecuted within 30 Days Stat. 2 W. M. for the better execution of the former Act. And such as beat or abuse Informers Officers c. in the due execution of this Act may be the next Justice be committed to Prison till the Quarter-Sessions and there be fined not exceeding 5 l. and to remain till he be discharged by Order of the Justices or two of them CHAP. XIII About High-Ways Hay-Carts and Hogs Streets and Bridges THE Constables and Churchwardens Constables c. to choose Surveyors of every Parish shall yearly upon Tuesday or Wednesday in Easter Week call together some of their Neighbours and then make choice of Two within the Parish to be Surveyors of the High-Ways the Year following who shall forthwith take that Office upon them in pain to forfeit 20 s. apiece The said Constables and Churchwardens shall then Stat. 5 Eliz. cap. 13. 22 Car. 2. cap. 12. also nominate six Days betwixt that time and Midsummer to be set apart for the amendment of the Highways and shall give publick Notice thereof in the Church the next Sunday after Easter Stat. 2 3 Phil. Mar. cap. 8. By Stat. 22 Car. 2. cap. 12. they are to be chosen some day in Christmass Week by the Constables c. The Stewards in Leets have Power to Fines upon such as make default enquire after the breach of this Act and to set Fines upon such as make default at their discretion and shall within six Weeks after Michaelmass deliver indented Estreats thereof under their Hands and Seals viz. one to the Bayliff or high-High-Constable of the Liberty and the other to the Constables and Churchwardens of the Parish where the default was made 2 3 P. M. cap. 8. And in default of Presentment thereof in Leets the Justices of Peace in Sessions shall enquire thereof and set such Fines as they or two of them one to be of the Quorum shall think fit whereof the Clerk of the Peace shall deliver indented Estreats under his Hand and Seal within six Weeks of Michaelmass in manner as aforesaid And these Estreats of the Stewards of Leets or Clerk of the Peace shall be a sufficient Warrant for the Bayliff or Chief Constable to levy the said Fines by way of Distress and if no Distress can be found or the Party do not pay the Fine within twenty Days after lawful demand thereof he or they shall forfeit double so much All which Fines and Forfeitures shall be employed towards the amendment of the Highways 2 3 P. M. cap. 8. The Bayliff or High-Constable shall yearly betwixt the first of March and last of April render unto the Constables and Churchwardens unto whom the other part of the Estreats was delivered a true account of the Mony received by him in pain of 40 s. And the said Constables and Churchwardens have Power to call the said Bayliff or High Constable before two or more Justices of Peace one to be of the Quorum to pass his Account who have Power to commit him until he shall have satisfied all the Arrearages by him received save eight Pence in the Pound for his own Fee and twelve Pence in the Pound for the Fee of the Steward or Clerk of the Peace and in this case the succeeding Constables and Churchwardens have the same Power that their Predecessors had 2 3 P. M. 8. The Fines assessed in Sessions upon the Statute of 5 Eliz. 13. shall be Estreated by the Clerk of the Peace levied accounted and employed as by the Statute 2 3 P. M. 8. is provided Upon a Warrant from two Justices of Constables to levy Forfeitures in default of the Surveyors the Peace the Surveyors are to levy by distress and sale of Goods the Forfeitures upon the Statute of 18 Eliz. 10. in not scowring Ditches c. and if the Surveyors neglect to do it within one year after the Offence committed the Constable and Churchwardens shall do it according to the provisions of the said recited Statutes Stat. 18 Eliz. 10. And by a Statute 22 Car. 2. cap. 12. all Constable fined for neglecting his Office Constables and Surveyors of the High-ways neglecting to put the Acts touching repairing or enlarging Highways in execution or wilfully suffering any Waggons or Carts to pass in any other manner than by this Act is allowed upon conviction thereof by one Oath before one Justice or the Justices own view shall pay such Fine not to exceed 40 s. as such Justice shall impose And by this Statute no Carriage with Forfeitures of such as Draw with above five Horses in length any burthen other than such as are employed about Husbandry and in carrying Hay Straw Corn unthresh'd Coal Chalk Timber for Shipping Materials for Building Stones or Ammunition or Attillery for the King's service shall go in any Highway with above five Horses in length and if any Draw with more Horses or Oxen they shall all draw in Pairs except one Horse And every Owner of any Waggon Cart c. Horse or Beasts shall forfeit for every Offence 40 s. whereof one Third part to the Surveyors to amend the Highways one Third part to the Overseers for the Poor and one Third part to him who To be levied by the Constable Penalties upon such as neglect to labour towards Repairing the High-ways shall discover the Offender to be levied by Warrant to the High-Constable or other Officer The Surveyor upon neglect of any to come and labour shall complain thereof to the next Justices who upon Oath of one Witness shall levy for every days labour neglected without a reasonable cause 1 s. 6 d. for every Man and Horse 3 s. and for every Cart with two Men 10 s. for each days neglect And if any bring Actions against such as act by this Law they must be laid in the proper County and Defendants may plead the General Issue and recover treble Costs Stat. 22 Car. 2. cap. 12. Note That by an Act 20th Decemb. The Act for cleansing the Streets c. 2 Wi. Ma. for Paving and Cleansing the Streets in London and Westminster the Out-Parishes in Middlesex the Burrough of Southwark and other places within the weekly Bils of Mortality in the County of Surry It is Enacted That every person of the Inhabitants to sweep the streets before their Doors Parishes in Middlesex Westminster Southwark and weekly Bills of Mortality are twice in
December 1690 shall offer to sell Hay of less weight shall forfeit for each Truss 18 d. The Conviction of these Offences to be Constables c to levy the Penalties of these Offences either by the View of one Justice Confession of the Party or one Witness upon Oath The Penalties of all the said Offences to be levied by distress and sale by the Constables or Headburroughs upon Warrant under Hand and Seal of one Justice rendring Overplus In default of Distress or Payment within Imprisonment for lack of Distress six Days after demand or notice left by the Constable c. at the Offenders House Offender is to be committed to the Common Gaol by Warrant from one Justice to remain until payment The Forfeitures to be disposed one Forfeitures how to be disposed moiety to the Overseers for the Relief of the Poor of the Parish where the Offence is committed the other to him or them that shall discover and prosecute for the same in case the conviction be by discovery and prosecution But if by View of the Justice c. then the whole to the Poor unless and if for a default of Payment then one moiety to be towards the repairing and cleansing the Streets to be paid to the Scavengers And note by this Act The Wheels of Penalties on such as make the Wheels of their Carts contrary to the Statute Carts Carrs and Drays used for Carriage from place to place in the Cities of London and Westminster and Parishes aforesaid where the Streets are Paved shall contain six Inches in the Felley in breadth without any Iron-work and to be drawn only by two Horses after they are up the Hills from the Water-side upon penalty of 40 s. every time to be levied as aforesaid But this Act not to extend to Country Carts or Wagons bringing Goods to the Cities or Places aforesaid or that shall carry any Goods half a mile beyond the Paved Streets of the said Cities and Places And note further That no Person in Forfeitures on Hog-Keepers in London Westminster c. The Swine c. forfeited Constables c. may search and seize such Swine London Westminster Southwark or the Parishes aforesaid shall breed feed or keep any sort or manner of Swine within any part of the Houses or Backsides of the Paved Streets where the Houses are contiguous upon pain of forfeiting them to the Churchwardens and Overseers of the Poor of the Parish for the use of the Poor The Constable Churchwardens Chapelwardens Overseers Beadles Headburroughs or Tithingmen of the respective Parishes c. or any of them may by Warrant from the Mayor of London or any other of their Majesties Justices of the Places respectively search to find such Swine and to seize and sell them and to deliver the Mony to the Churchwardens or Overseers to be distributed to the Poor as they shall think fit And for cleansing and keeping clean the London Streets how to be cleansed and kept Streets Lanes and Passages of London and the Liberties thereof It is Enacted That the same shall be ordered and managed and Rates and Impositions laid and levied and all other ways and means used and observed according to the ancient usage and custom of the said City The Lord Mayor or any Alderman of Nusances there presented the City upon his own proper knowledge and view may present in open General Sessions the laying of any Ashes Soil Dust or Rubbish or other nusance or obstruction in the Streets Lanes or Passages And the Lord Mayor and Justices at the Sessions may thereupon immediately assess Fines not exceeding 20 s. for any one Offence and the Fines shall be levied and paid to Fines assessed and levied the Chamberlain of the City for the use of the City to be employed in the publick Payments of the same City And such as shall be Prosecuted for acting General Issue pleaded and Acts given in Evidence by virtue of this Statute or the Statute made 23 Car. 2. for the better Paving and Cleansing the Streets and Sewers in and about the City of London may plead the General Issue and give the said Acts or either of them in Evidence 2 W. M. Four Justices are authorized to allow a Tax for Repair of Bridges in the High-ways Tax for Repair of any decay'd Bridges in the High-way which must be assessed by the Constable and two of the sufficientest Inhabitants in the Parish But this is where a Common Bridge in the Kings Highway is in decay and that it cannot be proved who nor what Lands are chargeable to the Repairing thereof Stat. 22 H. 8. cap. 5. CHAP. XIV About Horses COnstables have something to do in Constables to measure Stoned-Horses assisting such as seize for any Man may seize Stoned-Horses of lesser statute than is allowed by the Statute and to measure the same viz. any Stoned-Horse being Two years old and not Fifteen Hands high from the lower part of the Hoof to the upper part of the Wither on pain of 40 s. between the King and Prosecutor such Horses being put to feed upon Forests or Commons Except Commons where Mares are not usually kept Stat. 32 H. 8. 13. 8. Eliz. cap. 8. But if such Horses make an Escape into a Common he is not to be questioned Fen-Grounds of the Isle of Ely and of the Counties of Cambridge Huntingdon Northampton Lincoln Norfolk or Suffolk are excepted and there the Horses need be but 13 Hands high Ibid. Constables also are to assist at Michaelmass And to assist at the Driving of Forests or within 15 days after to drive Forests and Common Grounds on pain of 40 s. And they may also drive them at any other time and so may the Keepers and Owners of the Ground 32 H. 8. 13. This Act extends not to Cornwall CHAP. XV. About Hunters and Hunting-Dogs c. COnstables c. upon a Warrant under Constables to search for Dogs Nets Snares and Engins the Hands and Seals of two or more Justices of the Peace have Power to search the Houses of Persons suspected and not qualified to keep Setting-Dogs or Nets Snares and Engins to take Pheasants or Partridges c. and may take away their Dogs and cut their Nets c. Stat. 7 Jac. cap. 11. 22 23 Car. 2. cap. 25. Also to levy upon a Warrant from a Justice by distress the Forfeiture of such as course kill hurt or take away Deer Conies c. in Parks Warrens or other Grounds where they are kept 13 Car. 2. cap. 10. 22 23 Car. 2. cap. 5. See Wingate's Abridment Tit. Hunters and Hunting CHAP. XVI About Malt. COnstables and Bayliffs of Towns Constables to view and sell Malt badly made ought to view and search the Malt there made or put to sale and if they find any ill or deceitfully made or mingled they may with the Advice of any one Justice of Peace cause the same
recovered by Action of Debt Stat. 5 Eliz. cap. 13. They may also by this Statute turn a Water-course Water-course hurtful to the Highway into any mans Ditch Owners of Grounds adjoyning to the Forfeitures on such as Trim not their Hedges Highways not keeping their Hedges low and cutting down Trees and Bushes growing over the same forfeit 10 s. Also they that scour not their Ditches next adjoyning to the Ground that is next the Highway to the end the Water may have the better Passage out of the Highway shall forfeit 12 d. for every Rod Stat. 18 Eliz. cap. 10. If any person scours his Ditch and Scourings thrown into the High-way throws the Scourings into the Highway and suffers it to lye there 6 Months forfeits 12 d. for every Load 18 Elix 10. These Forfeitures upon Stat. 18 Eliz. 10. Forfeitures how to be levied to be levied by the Surveyors by distress and sale and in their default not to do it within a Year then the Constables and Church-wardens by Warrant may do it If the Surveyors neglect to present the Forfeiture for not presenting Offences against Stat. 2 3 P. M. c. 8. 5 Eliz. c. 13. within one Month after they shall be committed forfeit 40 s. By the Stat. 22 Car. 2. 12. they are to Return of Defaulters return the Defaulters within a Month after every default to some Justice of Peace who shall present the same at the next Quarter Sessions By the same Stat. 22 Car. 2. cap. 12. no Forfeitures of such as Travel with above 5 Horses in length Carriage with any burthen other than such as are employed about Husbandry and in carrying Hay Straw Corn unthresh'd Coal Chalk Timber for Shipping Materials for Building Stones or Ammunition or Artillery for the Kings Service shall go in any Highway with above 5 Horses in length And if any draw with more Horses or Oxen they shall all draw in pairs except one Horse Owners of Carriages or Beasts One Third to the Surveyors offending shall forfeit 40 s. for every Offence one Third to the Surveyors of the Highways in the Town c. where committed for the Repair of them another Third to the Overseers of the Poor of the Overseers Third Discoverers Third Parish where c. another Third to him that shall discover the same to be imposed and levied as the Penalties imposed by this Act on Constables and Surveyors for neglecting to put the Laws in execution That is to say Every Constable or Surveyor of the Fiue upon Surveyors c. for neglecting their Office Highways neglecting to put the Acts touching Repairing c. Highways in execution or wilfully suffering any Wagons or Carts to pass in any other manner than by this Act is allowed shall upon Complaint to a Justice of Peace by the Oath of one Witness or View of the Justice himself be convicted and incur such Fine as the Justice shall impose not exceeding 40 s. to be levied by the high-High-Constable or other Officer by Warrant under Hand and Seal of such Justice to be employed for the mending the Highways of the Parish or place where such neglect shall be 22 Car. 2. cap. 12. Lastly observe That two Justices of Surveyors Accounts c. Peace by the Stat. 18 Eliz. may take the Accounts of the Surveyors of the Ways and the petty Constables and Church-wardens for such Forfeitures within that Statute as they have levied Stat. 18 Eliz. 40. Dalton Just P. fo 71. AN APPENDIX HAving spoken briefly in the IVth Chapter of the Constables Duty in executing the Justices Warrant and how the Officer is bound at his peril to take notice of the Authority and Jurisdiction of the Justices I will here set down as an Appendix to the former some further Rules and Precedents touching the nature and effect of Warrants which may be of good use to our several Officers for whom this Treatise is intended A Warrant or rather Summons for making a New Constable c. to be Sworn before the Justices of the Peace This Summons is directed to the Person Elected or intended to be Elected thus To our Loving Friend A. B. of C Yeoman THese are to require you to make your repair to us or some other Justice of the Peace of this County to take the Oath of a Constable or Tithingman to serve within your Town of C. you being Chosen and Ordered by the Leet of your Town to undertake the same Office And herein fail you not as you will answer the contrary c. Or thus WHereas A. B. of your Town the New Constable thereof is by reason of his Age and Impotency very unable and insufficient to execute the said Place These are to require you whose Names are hareunder written to be before me at my House at C. to Morrow or such other time as is convenient by Ten of the Clock in the Morning that I may make Choice of one of you to be Sworn to undertake the said Office And hereof c. Dated c. Note this Swearing of Constables c. by the Justices is only in case of necessity and when 't is long to the Quarter-Sessions or Leet And though it may not be necessary for Concerning Hand and Seal to a Warrant the Justices to put their Seals to these Summons which are directed to the Parties themselves not obliging them to act upon any other person or thing Yet Note that there is a necessity that the Justice of Peace do subscribe his Name to his Warrant commanding an Officer to act upon some other person or thing Tho' to put his Seal in every case is not required for in a Warrant of the Peace or Good Behaviour it is thought not to be needful nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But where the Law says that he may or shall do it by Warrant under his Hand and Seal there it must be under his Hand and Seal or it is not good And it is now usual and most safe for a Justice to put his Seal to every Warrant after this manner And hereof fail you not at your perils Given under our Hands and Seals or Day and Year of making the Warrant my Hand and Seal as the case may be this first Day of January in the Third Year of the Reign of King William and Queen Mary Annoque Dom. 1692. Or thus Sealed with our Seals or Sealed with my Seal and Dated the first Day of January in the Third year c. Annoque Dom. 1692. Note That if the Warrant express the place where it was made as Dated at D. and given under my Hand c. though it was not really Dated there yet the Warrant is good and shall be taken to be dated where the Warrant doth say it was dated The Rules that have been observed to the compleating a Justices Warrant
whereby he Commands an Inferior Officer to do something belonging to his Office are as follow First That the Warrant must be plain Rules and clear and not ambiguous and doubtful so that the Officer need not be forced to enquire what the Justice means Secondly That it be compleatly fill'd up and not left with Blanks in it Thirdly The usual form of the Warrant begins thus These are in Their Majesties Names to require you c. tho' it is sufficient to say These are to require you howbeit the Warrant doth carry the more Majesty in it when those Words are used in it Fourthly The Title of Direction may either be above the Warrant thus To the Constable of Dale Or in the body of the Warrant thus A. B. Esq c. To the Constable of D. Whereas c. Fifthly The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tithingmen c. Or To the Sheriff and to all Bailiffs high-High-Constables of Hundreds and Constables and Tithingmen of Towns and Parishes within the County of A. and every of them joyntly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To A. B. and C. D. both of E. in the County of G. and to either of them But this must be understood of Warrants of the Peace Good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom to send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor in this case the direction of the Statute must be punctually pursued for it is dangerous to vary from it ever so little But where the Justice is left at liberty to direct it to whom he pleases it hath been thought the best way to direct it to a common and known Officer which is the high-High-Constable of the Hundred or Constable of the Town c. Sixthly The Warrant for an Arrest may be to require the Officer to bring the Offender before the Justice that makes the Warrant or before him or some other Justice of the County and either way is good Seventhly In every Warrant of the Peace or Good Behaviour where Sureties are to be found the Warrant ought to contain the special Cause or Matter that the Party arrested may provide Sureties But if it be for some great Crime the cause may be concealed Eighthly In every Warrant to command an Officer to carry a man to Gaol 't is usual to insert a Clause to the Gaoler at the end of the Warrant to this purpose That you him convey to the Common Gaol of this County and him deliver to the Gaeler or his Deputy there who are hereby required him to receive and detain until he shall from thence be delivered by due course of Law And note that 't is usual and a good Close of every Warrant sent to an Officer to require him to give an account how he hath executed it in this manner And that you be then there with this Precept to give us an account of your Execution of it Or thus That you give me an account within 14 Days next following of your Execution of my Warrant Ninthly Note there is very little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little only in the Form Tenthly Where a Statute doth give Power to a Justice of Peace to compel men to do any thing he may send his Warrant to require them to come before him and if they refuse he may proceed at Law Eleventhly The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel Appearance or Attendance there or Execution of any thing there done under their own Hands or by the Clerk of the Peace as the business of the Quarter-Sessions is done Twelfthly Observe That where a Statute is penned thus that the Constables or Churchwardens by a Warrant from a Justice of Peace shall be enabled to do a thing in this case the Justice may justifie the making of such Warrant Some Precedents of Warrants 1. WArrants and Precedents relating to the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires Forcible Entries Forcible Detainers Riots Routs and Unlawful Assemblies Security of the Peace and Good Behaviour or other Misdemeanors or Offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of the Peace may direct his Warrant to the Sheriff or to the high-High-Constables or petty-Petty-Constables or to all or any of them to make search for the Traytors or Felons and also for stoln Goods The Form of a Warrant to Apprehend a Traytor J. G. Esq One of Their Majesties Justices of the Peace within the County of N. To the Sheriff of the said County and to all High-Constables Petty-Constables and other Their Majesties Officers Greeting c. Whereas L. M and R. S. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in Their Majesties Names streightly to charge and command you and every of you upon sight hereof without delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the Bodies of the said L. M. and R. S. and them and either of them so found to arrest and attach and immediately upon such arrest to bring before me at my House at B. in the said County Whereof fail not at your peril Sealed with my Seal and Dated the 7th Day of M. in the Third Year of the Reign of our Sovereign Lord and Lady William and Mary King and Queen c. The like Warrant may be made for the apprehension of Felons A Warrant for keeping the Peace Essex ss A. B. and C. D. Esquires To the Sheriff of the same County and to all high-High-Constables and petty-Petty-Constables and other Ministers and Officers appointed to keep the Peace within the same County Greeting Whereas we are informed that there is a great Meeting appointed to be had at E. within this County upon the 1st Day of February next under pretence of a Fair then and there to be kept or under pretence of a Cock-fighting to be there had or under pretence of a Race to be there Run and the like when and where by occasion or under colour thereof it is suspected there may be some notorious Breach of the Peace by a Fray Riot Insurrection or otherwise For the preventing whereof and the keeping of the
Peace These are to authorize and require you and every of you that calling to your Assistance and Aid such a number of Persons as you shall think fit All which Persons are by us required to assist you and that you be then there provided during the same Meeting and by all the lawful waeys and means you can see the publick Peace be kept and preserved and the Breakers and Disturbers thereof punished And hereof and to give us an account of your doings herein within 14 Days after the same Day be past you are not to fail at your peril Given under our Hands and Seals at S. within the same County the 1st Day of c. Note That whatever the Justices of the Peace may do or the Sheriff or Constable ought to do in order to the keeping of the Peace the Justices may by 〈…〉 Warrant as this is command them 〈…〉 A Mittimus for Felony to 〈…〉 Middlesex ss A 〈…〉 To the Keeper of 〈…〉 his Deputy there being W◠〈…〉 withal the Bodies of ◠◠〈…〉 before us by J. K. of L. in the County of M. with Robbing him on Monday last and the taking of Ten Pounds from his Person which the said E. F. and G. H. upon their Examination confessed Note If the Felon upon Examination confess the Felony the Mittimus must say so for then he is not bailable Or thus Who stand charged before us upon the Suspicion of stealing Six Sheep being the Goods of N. O. Or thus Who is charged before us with a Suspicion of a certain Felony by him committed as it is said or otherwise as the case is Commanding you to receive the same E. F. and G. H. into the said Gaol and them there safely to keep until they shall be from thence delivered by due order and course of Law hereof fail you not at your peril Given under our Hands and Seals at P. in the said County the 1st Day c. Note That in every Mittimus care must be had to set down the Offence and the manner and time of Punishment A Mittimus of a dangerous Rogue to Bridewel Glouc ' ss A. B. and C. D. c. To the Master or Governour of the House of Correction or his Deputy there Whereas J. S. a sturdy Vagrant Beggar was this day brought before the Constable of D. and charged as well with Begging and idle Wandring abroad as also with other disorderly Behaviour so as he appeareth to us to be dangerous to the Inferiour sort of People contrary to the Laws of the Nation in that case provided These are therefore to require you to receive the said J. S. into your Custody and him safely to keep in your House of Correction until the next Quarter-Sessions to be holden for this County and that during all the time he shall continue with you and be in his good health you do hold him to work and punish him by putting Fetters and Gives upon him and by moderate Whipping of him and that you give him no more for his Maintenance than what he shall deserve or earn by his Labour and that you have the said J. S. and this Precept at the said next Quarter-Sessions A Pasport Sussex ss A. B. one of Their Majesties Justices of the Peace in the County aforesaid To all Constables Bayliffs and other of Their Majesties Officers of the same County and to every of them Greeting Forasmuch as the Bearer hereof C. D. being brought into great Poverty and Necessity hath desire to Travel unto the City of E. in the County of F. where he saith he was Born and hath some Friends yet living by whose means he hopeth to be greatly relieved In consideration whereof know you That I the said A. B. have Licensed the same C. D. to Travel and Pass the direct way from G. into the said City of E. so that his Journy be not of longer or further Continuance than 20 Days next after the Date hereof desiring you and every of you to permit and also to aid and relieve the said C. D. in his Journy so that he shew himself in no respect offensive to Their Majesties Laws In Witness whereof I have c. Note That in such a Passport the Party ought to be described lest he make any other partaker of the use of his Passport Unless he be a Rogue for then he always remains in the Constables hands THE TABLE CHAP. I. OF the Definition of the Title CONSTABLE Page 1 When Constables were first appointed 2 Of High-Constables 3 Of Petty-Constables ibid. Constables when and where to attend 6 Of the Choice and Fitness of Constables and of the Oath to be taken by them 7 When and where Constables c. may make a Deputy 10 The Form of the Constables Oath ibid. CHAP. II. OF the several Duties incumbent on all Constables after they are Sworn according to the particular Branches of their Oath page 13 The Heads of the Oath ibid. For the preventing and preserving the Peace ex officio 15 The Constables Authority about an Affray ibid. Of Hurting the Constable or his Assistant 17 Arresting persons Offensively Armed 18 Suppressing of Riots 19 Apprehending of Felons 22 Constables when and how to raise Hue and Cry 23 Hundred fined for not making Fresh-suit 24 Concerning Escapes suffered by the Constables 25 Constable sued for suffering a Felon that is in his Custody to destroy himself 26 Where the Constable may discharge the Prisoner ibid. Arrests made by Private persons 27 Prisoner pinnion'd and fetter'd by the Constable ib. How the Constable may deliver up the Prisoner ibid. Of Felons taken in another County 28 The Constable to see the Watch be duly kept in the Town c. ibid. Watchmen how to be qualified 29 The Constables Duty concerning Rogues Vagabonds and sturdy Beggers 31 Concerning Gipsies ibid. The Punishment of Rogues 34 After Whipping to have a Testimonial and the Form thereof 35 The Constables Forfeiture for not apprehending of Rogues 39 Reward for Apprehending of Rogues ib. Constables may set on work Labourers in Hay or Corn Harvest 41 The Constables Form of a Testimonial for a Servant that departs from his Master 42 Orchard-Rabbers Hedge-Preachers Wood-Stealers c. 44 The Constables Duty concerning Unlawful Gaming-houses 46 The repressing of Drunkenness and profane Swearing 47 The Penalties levied or the Officer forfeits 40 s. 48 Penalties upon such as use Unlawful Games and Pastime on Sundays 52 Penalties on such as work on the LORD's-Day 54 Against Disturbing Preachers 56 Concerning Popish Recusants 57 Recusant refusing to take the Oaths 58 Concerning Conventiclers 59 The Constable may break open the Doors to search for Conventiclers ib. How the Constable shall make Presentment of Bloodshedding Outcries Rescues or other Offences committed or done against their Majesties Peace within their Limit 61 When and where the Constables must make their Presentment ib. How the Constables ought to Execute the Justices Warrants 62 The Constable not obliged to shew his Warrant 64 Concerning the Constable taking the Offenders word for his Appearance 64 Arresting a wrong Person 65 Where the Constable may break Open the House 66 Punishment for such as Abuse the Justices Warrant ibid. Before what Justise the Offender must be carried ib. When Offenders must bear their own Charges of Commitment 67 CHAP. III. THe Constables Office about Seizing of Arms c. 68 A moving Papists 10 Miles from London and Westminster 70 CHAP. IV. COncerning the Bayliffs Constables Sheriffs c. stating their Accounts ibid. CHAP. V. THe Constables Office about Seizing of Cattle 71 CHAP. VI. THe Constables Office about providing Carriages c. for the King 73 CHAP. VII THe Constables Office about Cloth 75 CHAP. VIII THe Constables Office about their Majesties Customs 76 Concerning Taxes and Aid-Mony 77 CHAP. IX THe Constables Office about Distress for Rent c. 79 CHAP. X. THe Constables Office about Excise 81 CHAP. XI THe Constables Duty concerning Fish 82 CHAP. XII ABout French and other Prohibited Goods 83 CHAP. XIII ABout Highways Hay-Carts and Hogs Streets and Bridges 86 Penalty on Scavengers that neglect their Duty 92 CHAP. XIV Constables Duty concerning Horses 98 CHAP. XV. ABout Hunters and Hunting Dogs 99 CHAP. XVI ABout Malt. 100 CHAP. XVII ABout Physicians 101 CHAP. XVIII ABout the Plague 102 CHAP. XIX COncerning Maimed Souldiers 103 Of Quartering Souldiers ibid. CHAP. XX. ABout Tobacco 105 CHAP. XXI ABout Weights and Measures ibid. CHAP. XXII THe Power c. of a High-Constable alone 108 CHAP. XXIII THe Duty of Constables of London 110 Of the Duty and Office of Churchwardens 114 CHAP. XXIV CHurchwardens how Chosen ibid. How they may Purchese ib. About the Seats in the Church 116 Churchwardens Duty in making Rates 117 What are accounted Church-Reparations 118 What are accounted Ornaments ibid. Concerning Presentments 119 In what Acts Churchwardens must joyn with Constables 120 In what with Overseers of the Poor 121 Of the Office and Duty of the Overseers of the Poor 121 CHAP. XXV OVerseers of the Poor how appointed ibid. To be assistant to the Churchwardens 122 The Overseers care of the Poor ibid. Concerning Rates and setling the Poor 125 Concerning Bastard Children 129 Their Duty about Putting forth and Binding Apprentices 130 Forfeiture for not Burying in Wollen 136 Overseers to Account 137 Neglect of their Duty 138 The Office of a Surveyor of the Highways 138 CHAP. XXVI SUrveyors of the Highways when to be Chosen 139 Days set apart for Mending the Highways ibid. Penalties levied by Surveyors 141 What things the Surveyors may take from other mens Grounds without leave 142 Forfeitures of such as Travel with above five Horses at length 143 Fine upon the Surveyors for neglect of their Duty 144 Surveyors Accounts ibid. FINIS
The Compleat Constable Directing All CONSTABLES HEADBOROUGHS TITHINGMEN CHURCHWARDENS OVERSEERS of the POOR SURVEYORS of the Highways and SCAVENGERS IN THE Duty of their several Offices according to the Power allowed them by the Laws and Statutes Continued to this present Time 1692. Also Directions for the LONDON CONSTABLES To which is added A Treatise of Warrants and Commitments proper for the Knowledge of All Constables c. LONDON Printed by the Assigns of Richard and Edward Atkins Esquires And are to be sold by Abel Roper at the Mitre and Tho. Beaver at the Hand and Star near Temple-Bar 1692. in the mean time This Treatise was therefore upon Request prepared to supply the Defects of the Former and to be a New Guide for Constables c. but finding it would take up more time than was first supposed and not willing to send it out by Twilight or Naked We had the Patience to Compleat the Work and to add so much of all the late Statutes as concern Your several Offices with many other useful Rules and Observations and offer them to your View at Clear Day not doubting but you will think our Labour well continued our Rules and Observations very profitable and our Title most deserving to be Your c. A Compleat GUIDE for CONSTABLES c. The Newest GUIDE FOR Constables c. CHAP. I. Of the Definition of the Title CONSTABLE of the several names and kinds of Constables of their fitness Oath and Authority BEfore I set down the Duty and Office The derivation of the Constables Title of Constables it may be expected that I should shew something of the derivation and antiquity thereof and tho' there be some difference about it yet it is agreed by most that the word CONSTABLE is compounded of two Saxon words Cuning and Cyng signifying a Prince Lamb. fo 5. 4 Part of Cooks Inst fo 123. or King and Stable or rather Staple signifying a Stay or Prop and so Coningstable by contraction Constable is as much as to say The Prop or Stay of the King This word is diversly used in the Common Law As the Constable or Marshal of England Stamf. pl. Coron fo 65. which Office is discontinued and why it is so See Dyer fo 258. num 39. The Constable of the Tower Stamf. pl. Coron fo 152. 1 H. 4. ca. 13. Stow's Annals p. 812. The Constable of the Exchequer 51 H. 3. Stat. 5. Constable of Dover Castle Camb. Brit. p. 239. West 1. ca. 7. Anno 3 Ed. 1. Constable of the Forest Manwood part prim ca. 13. Stat. 32 H. 8. ca. 38. But the Constables for whose use this Guide is intended are either Constables of Hundreds otherwise High-Constables or Constables of Towns Burroughs Parishes Tithings c. called Petty-Constables Headburroughs Tithingmen c. When Constables c. where first appointed THese High-Constables as some say Lamb. 5. cap. 9. Rast 379. Smith de Rep. Angl. l. 2. c. 25. Dalton's Just of P. c. 16. fo 46. were first Ordained by the Statute of Winchester for the oversight of Armour Watches High-ways Hue and Cry and the like and afterwarde petty-Petty-Constables for their aid and assistance were appointed But others think that by the ancient Common Law they were Conservators of the Peace within their several Hundreds and Limits 12 H. 7. fo 18. Crom. 6 222. That the Hundreds were derived out of See Dalton as before Counties first under the Goverment of Sheriffs but growing too great for their care were divided into Hundreds and that in every Hundred was ordained a Conservator of the Peace who was called the high-High-Constable See Lamb. Duty of Const p. 9. That these Hundreds also enlarging Burroughs and Towns or Tithings that is to say a Tenth part were appointed and within them also was ordained a Conservator of the Peace or Petty-Constable Others reckon That first the Tenths or Tithings were ordered and after of them were made up Hundreds and of these Counties or Shires so that there is no part of the Kingdom that lieth not within some County of which Counties or Shires one with another there are reckon'd in England XXXVII besides XII in Wale But to reckon either way it appears and High-Constables so at this day continues That High-Constables are properly for the whole Hundred Rape or Wapentake and their Power extends over the whole which do mostly comprehend many Parishes Tithings and Villages That Petty-Constables are for particular Petty-Constables Towns and Parishes within the Hundred and consequently for the aid ease and assistance of the High-Constables but their Authorities are only in such particular Towns or Parishes And That Borshoulders Tithingmen Headburroughs c. are for particular Burroughs Hamlets Villages and Tithings to which their Authority is limited And Note it was the Opinion of the Nota. Learned Sir Francis Bacon That tho' the High-Constables Authority hath a more ample Circuit he did not perceive that the Petty-Constable is subordinate to him from any Commandment that proceeds from his own Authority But it was used That the Warrants and Precepts of the Justices be delivered to the High-Constables who being few in number might better attend the Justices and then the High-Constables by virtue of such Warrants not their own Authority make their Precepts over to the Petty-Constables Bac. C. T. p. 22 30. And this also seems to be only in some Cases as where they are summoned to attend the Justices to make their Presentments and the like This seems to be the general Method Nota. tho' in some large Parishes and particular Places there are and may be several Officers called by the several names of Constable Headburrough and the like And tho' these Inferior Officers be called by several names yet their Offices in their several Precincts and Places are in effect one and the same the Name being only changed However the Office of a Constable seemeth Some Distinction between these Officers to be distinct and of greater Authority than theirs and some have held That Headburroughs Thirdburroughs Borshoulders Tithingmen c. being appointed in a Town or Parish where is also a Constable that they cannot principally meddle because in comparison of them the Constables are Head-Officers and the others but as Assistants to the present Constable tho' in the Constables absence they are chiefly to attend the service And that there are many things which the Constable may do wherein such Headburroughs Borshoulders c. cannot meddle See Dalton's Justice of Peace ca. 1. fo 34. Lamb. pag. 4. 6 9. 51 52 53 54 55 c. See 1 Jac. ca. 7. And yet in Towns and places where there are no Constables but only Headburroughs Borshoulders Tithingmen c. there their Power and Authority is declared to be equal to the Power of a Constable and in all Where their Authority is all one and the same such cases and things their Office and Authority are in a manner all one
the people and if they only meet to such a purpose or intent although they shall after depart on their own accord without acting any thing Yet this is an unlawful assembly And if after such meeting as aforesaid they move forward towards the execution of their intent though they put it not in execution yet it is a Rout and if they do put their intent in execution and do any such thing indeed Then 't is called a Riot And if three 4 or more do enter into Lands with force upon the Possession of another though their Entry be lawful yet it s a Riot because 't is prohibited by the Stat. to enter into Lands and Tenements with force or a multitude of People 5 R. 2. 7. 15 R. 2. 2 c. Cromp 68. Dalt fo 57. 8. Lambert 179 181. 3 of d pt and Instit fo 176. And if any Constable or any private Person of the same County do refuse to attend and assist the Justices of Peace upon Request to remove a Force or to convey the Parties to the Gaol he may be Imprisoned for his Neglect and make Fine to their Majesties 15 R. 2. ca. 2. Dalt ca. 22. fo 57. If therefore 3 or more meet with an evil How they depend one on another intent to act 't is an unlawful Assembly if they continue and move forward 't is a Rout and if thereupon they commit any mischief 't is a Riot Yet it s said there may be a Rout where Exception there was no unlawful assembly or evil intent as in the case of a Man's going or Riding to the Sessions Market Fair or other assembly of company with his Servants in Harness though he hath no intent to Fight or commit any Riot Yet this is a Rout by the manner of his coming for the Stat. faith That no man shall bring any Force in affray of the Peace Nor shall go armed in Fairs Markets or elsewhere upon pain of Imprisonment and forfeiture of his Arms. Stat. 2. Ed. 3. 3. And all these 3 both Riot Rout and Unlawful Punishment thereof Assembly are punishable and fineable to their Majesties And these things are to be observed as Observations concerning Riots c. to all That the unlawful Assembly and Rout must be of 3 Persons or more as must also a Riot which is the most dangerous of all 3 and consequently most to be punished Stat. 13. H. 4. 7. Dyer 210. That an Assembly of 3 persons or more 3 Persons which is not to the terror of the People nor to do some act with Force and Violence against the Peace is not unlawful nor prohibited by any of the Statutes May-Games and Sports So it s said that the Assemblies that be used upon May-day to fetch in May-boughs or Flowers so assemblies at Church-ales Whitson or Midsummer-ales so assemblies at the fetching home setting up or Danceing about a Maypole so the assemblies at the Bating of a Bull or Bear or at the moving or making of Dole or Revel-Mead so the assemblies of Minstrels and their Fellows at certain places and times allowed by old and ancient Customs are not unlawful See Poulton de pac Regis Regne Tit. Riot c. Sports may become Riots But notwithstanding such Companies may fall into Riot by quarreling and taking of parts and such Siders and partakers to the Quarrels shall be adjudged Rioters but not the Residue 22 H. 6. 37. ☞ Thirdly The Constables are sworn Apprehending of Felons upon Complaint to use their best endeavour to apprehend all Felons Barretors c. and upon resistance to levy Hue and Cry and pursue them c. The Law accounts any Offence Felony Felons what that is in degree next unto Petit Treason and compriseth divers particulars under it As Murther Theft Sodomy Rape Wilful burning of Houses and the like also Robbery which is a Felonious taking away of any mans Goods from his person or presence against his will putting him in fear and of purpose to steal the same Goods And this is sometimes call'd Violent Theft which is Felony for Two pence West Sect. 60. tit Indictments Crompt p. 32. 4 Co. 124. b. Therefore such as commit such Felonies be called Felons Baretors are Deceivers and common Barretor what Wranglers that set men at odds and are themselves never quiet Lamb. Eir. p. 342. saith a Barretor is a vile Knave or Unthrift If Felons and Murderers be in a Town Notice of Felons given to the Constable or Village and the Constable Headburrough c. have Notice of them it is their Duty ex Officio to gather Men together and apprehend them And if any Felon be taken it is the Constables Office to see him conveyed to Gaol And if any man will lay Murther or Felony to anothers charge he may declare it to the Constable and the Constable ought upon such Declaration or Complaint to carry him before a Justice and if by common Voice or Fame any man be suspected with cause the Constable of duty ought to arrest him and bring him before a Justice to be examined Fitz. Just P. 201. 1 R. 3. 3. Lamb. 17. If any House be suspected for receiving Constables search or harbouring of any Felon the Constable upon Complaint or common Fame may search both for the Felon and Goods stolen And so it s said any other man as well as an Officer may arrest and keep in hold such a man as he doth know to have committed any Felony Dalton 289. If any fly upon a Felony the Constable Constable to raise Hue and Cry ought to raise Hue and Cry to take him and in the mean time to seize his Goods and to Inventory them in the presence of honest Neighbours for his Goods and Chattels are forfeited if he be guilty and in some cases his Lands too Fitz. J. P. 201. Hue and Cry signifieth the pursuit of Hue and Cry what one having committed Felony by the High-way and if the party robb'd or any in the company of one murthered or robb'd come to the Constable of the next Town and will him to raise Hue and Cry or to make pursuit after the Offender describing the Party and shewing as near as he can which way he is gone the Constable ought forthwith to call upon the Parish for Aid in seeking the Felon And if he be not found there then to give the next Constable warning and he Warning for fresh Suit the next until the Offender be apprehended or at the least until he be thus pursued to the Sea-side Bract. l. 3. tract 2. ca. 5. Smith de Repub. lib. 2. cap. 20. Stat. 13 Ed. 1. cap. 3. 28 Ed. 3. cap. 11. 27 Eliz. ca. 13. Crompt 160. b. The Constables and Officers of every Search Town to which Hue and Cry shall come ought to search in all suspected Houses and Places within their limits And as well the Officers as all other persons
which shall pursue the Hue and Cry may attach and stay all such persons as in Suspected persons their search and pursuit they shall find to be suspicious and thereupon shall carry them before some Justice of Peace 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 cap. 28. fo 75. No Hue and Cry shall be deemed legal Nota. unless the pursuit be both by Horse and Foot 27 Eliz. 13. And the Hundred where fresh Suit shall Hundred Fin'd for not making Fresh suit cease in case of Robbery shall answer half the Damages to the Hundred wherein the Felony shall be committed to be recovered in any Court at Westminster in the Name of the Clerk of the Peace of the County wherein the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the Suit When in this case Damages are recovered Tax how to be levied against any one or some few Inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of the Peace one being of the Quorum dwelling within or near the same Hundred shall for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables and Headburroughs of every Town shall tax the particular Inhabitants and levy the Mony upon them by distress and sale of Goods and deliver the Mony levied to the said Justices or one of them and restoring the Overplus to the party distrain'd 17 Eliz. 13. And note That no Hundred shall be One of the Felons taken chargeable when any one of the Malefactors shall be apprehended or when the Action is not prosecuted within one year after the Robbery committed 17 Eliz. 13. Concerning Escapes c. THe voluntary letting of a Felon to Concerning Escapes suffered by Constables Escape before he be arrested for the Felony is no Felony in the Party that suffereth him to Escape But if the Constable suffers one to Escape when he knows he hath committed a Felony in such case he may be Indicted and Fined for suffering the Escape And it s said That if the Felon be under Voluntary Escape made Felony arrest of the Constable or any other for Felony or Suspicion thereof and the Constable or other person who so hath him a Prisoner voluntarily le ts or suffers the Felon to go at liberty where he will this is Felony in the Gaoler Constable or other person that so letteth him Escape but it is no Felony in the Prisoner because he broke not the Prison But if such a Prisoner shall Escape Negligent Escape by the negligence of his Keeper and against his Will and knowledge then it is Felony in the Prisoner because a breach of Prison and the Gaoler Constable c. may be Fined by the Judges or Justices for such Escape Stamf. 32 44. Dalton fo 272. Bro. Escape 31. Dyer 99. If a Constable or other Officer voluntarily Felon destroys himself suffer a Thief to kill hang or drown himself this is said to be an Escape and Felony in the Constable But if this be done unawares to the Constable and without his consent then is such an Escape but negligent and fineable And note that such a Thief so Constable fined killing or drowning himself is said to be Felo de se in reference to the destroying himself Dalton fo 272. If a man be arrested only on suspicion Where the Constable may discharge the Prisoner of Felony and it appear afterwards there was no such Felony committed then may the Constable or Officer discharge the Prisoner and it is no Escape where there was no Felony But on the contrary if one be arrested upon Suspicion and there is really a Felony committed and though after the Arrest the Officer is satisfied that the Party arrested is not guilty Yet he cannot discharge him but he must be set at Liberty by due course of Law for otherwise it will be a voluntary Escape and Felony or at least fineable Dalton fo 275. Cromp. 40. If a Private person as he may in many Arrests made by Private persons cases arresta nother as in case of a dangerous Affray Suspicion or knowing one to have committed Felony or one that is apparently about to commit a Felony or one that hath dangerously Wounded another or Night-Walkers that are dangerously suspicious c. He ought to carry and deliver the Prisoner to a Constable Headburrough Constable charged or Tithingman c. and they are bound to secure the Party arrested Dalton fo 338. 20 Ed. 4. 6. And note That where a Constable or Prisoner Pinion'd and Fetter'd Officer shall imprison any Felon in the Stocks he may lock the Stocks and may also if he see need put Irons on the Prisoner And when he is about to convey him to the Justice or Gaol he may Pinion him or otherwise to secure him that he cannot Escape Dalton fo 342. And when the Constable carries any How the Constable may deliver up the Prisoner such Felon or suspected Felon to the Gaol the Gaoler is obliged to receive him But if he refuses then the Officer may either keep the Prisoner in his own House or carry him back to the Town where he was taken and the Town in the last case it s said shall be charged with the keeping of him until the next Gaol-delivery where upon Complaint against the Gaoler they will punish him for his Refusal Dalt 340 341. 10 H. 4. 4 Ed. 3. ca. 10. Poulton Prison 6. But it may be the best and safest way to carry him to a Justice if conveniently it may be done In case where a Justice of Peace Constable Felon taken in another County or other Officer comes to a Felon to arrest him and he perceiving it flies into another County before he can be taken and he is there taken in such case the Felon must be carried before some Justice of the Peace of that County where he is taken and must be committed to the Gaol of that County altho' the Felony was committed in another County Dalton fo 340. Bro. Impris 25. ☞ Fourthly To see the Watch be duly kept in the Town c. The Constables c. of every Town are Watch in what time of the year to cause Night-Watch to be kept from Ascension-day till Michaelmass from Sun-set until Sun-rising viz. in a City with Six men at every Gate in a Burrough with Twelve men and in every Town with Six or Four men according to the number of the Inhabitants there If any Stranger pass by them he shall be arrested until the Morning when if they have no suspicion of him they shall let him go quit but if otherwise they shall deliver him to be safely kept c. And
here if any will not obey the Arrest they shall levy Hue and Cry upon him and for such Arrest of a Stranger none shall be punished Stat. Winchester cap. 4. 13 Edw. 1. 1. These Watchmen should be of able Body and sufficiently Armed Watchmen how to be qualified 2. No man is compellable to Watch except he be an Inhabitant within the same Town c. 3. That such as are Inhabitants within Their Order the Town are not compellable to Watch at the Will of the Constable but only when their Turn cometh unless it is the use and custom of the Place to do otherwise 4. If such as ought to Watch refuse upon command of the Constable the Constable Refusal to Watch. may complain of him to a Justice of Peace who may bind him over to his Good Behaviour and to answer at the Quarter-Sessions or the Constable may present him at the Assize or Sessions of the Peace And some have held that he may set the Party in the Stocks for his Contempt But this seems rather to be when the Party or some for him appears and yet will not be orderly as the Constable sees fit Dalton fo 141. These Watchmen are to apprehend all Watchmens Duty Rogues and Vagabonds Night walkers Eves-droppers Scouts and the like and such as go Arm'd And though it be said That if a Their Examining of Passengers Stranger pass by them he shall be arrested until the Morning The use and custom is for Watchmen to examin them and if they find cause of suspicion in them then they may keep them till the Morning If not suffer him to pass and whether they be Horsmen or Footmen or Drivers of Cattle or the like or that shall carry any Burthen on Horseback the Watch may stay them till the Morning to justifie themselves unless they can render a good account both of themselves their Company and Carriage and if any Post come by them 't is good to know what number they have lest Offenders shelter themselves and slip away under their Convoy Dalton fo 140 292. And Note That the Constables c. are Nota and Quaere to be aiding and assisting to these Watchmen on all occasion But yet methinks there is no reason that the Constables should as some do think that their Word is an unalterable Law and that if a Person be taken in the Night on their Watch and they once give order for the carrying him to the Counter c. that they cannot upon his Submission or proof of being a Civil person call him back or discharge him For in the Case of an Affray after the Affray is over the Constable may set the Affrayer at Liberty again on his own head Therefore more reasonably he may in this Case though in the case of Felony or Suspicion thereof he cannot do it as is aforesaid ☞ Fifthly That the Statutes made for Punishing Rogues Vagabonds Night-walkers and such other idle persons be duely put in Execution This is a large Branch of the Constables Office and herein two things are to be known 1. What a Rogue is and who is to be accounted a Vagabond c. 2. What is to be done unto them Note therefore That all persons being Who are accounted Rogues above the age of 7 years Man or Woman single or married That wander from their usual place of abode every where Begging or if they do not Beg if they Wander and Loiter abroad without a lawful Pastport and give no good account of their Travel are accounted Rogues But ‖ Rogues Vagabonds and sturdy Beggars these following are of a higher degree and are to be accounted as Rogues Vagabonds and sturdy Beggers 1. Viz. All Scholars and Seafaring-men that Beg. 2. * 'T is Felony without Clergy for Gypsies to remain above a Month in England or Wales Wandring Persons using unlawful Games subtle Crafts or Plays or pretending themselves to have skill in telling Fortunes by the marks or figures in the Hands or Face or by casting of Figures all counterfeit Egyptians or Gypsies not being Felons 3. All Juglers or slight of hand Artists pretending to do Wonders by vertue of Hocus Pocus the powder of Pimper le Pimp or the like Tinkers Pedlers petty Chapmen Glass-men especially if they be not well known or have a sufficient Testimonial 4. All Proctors Patent-Gatherers except Proctors in this Sense are Gatherers for Fire Collectors for Gaols Prisoners or Hospitals wandring abroad Fencers Bearwards common Players of Enterludes and Fidlers or Minstrels wandring abroad 5. Persons delivered out of Gaols who beg their Fees or otherwise do Travel Begging such as go to and from the Baths and do not pursue their Licence Souldiers and Mariners that Beg and counterfeit Certificates from their Commanders 6. All Labourers which wander abroad out of their respective Parishes and refuse to Work for Wages reasonably taxed having no Livelyhood otherwise to maintain themselves and such as go with general Passports not directed from Parish to Parish And note also That all Servants departing out of their Service that is to say out of one City Town or Parish to serve in another having no such Testimonial as the Statute requires or producing a false one are to be punished as Vagabonds And so are such persons as are sick of the Plague or infected therewith and wilfully go abroad in Company against the command of Officers For all these things see Stat. 29. Eliz. ca. 4. ca. 17. 1 Jac. ca. 7. 21 Jac. ca. 28. Dalt ca. 24. Poult Vag 2. 7. Resoluc Judic 13 15. Next observe That Constables c. are The Constables c. are to apprehend all Rogues Vagabonds c. to use their best endeavours to apprehend all such Vagabonds Rogues or sturdy Beggars which shall be found and taken Wandring or Begging within their respective Precincts under the forfeiture of 10 s. for every neglect The same forfeiture is by such private persons as shall not apprehend Rogues c. being at their Doors And if any person bring a Rogue or Beggar to one of these Officers he is obliged to receive him and punish him according to Law or he forfeits 20 s. to be levyed by Warrant from 2 Justices Stat. 39. Eliz. ca. 4. 1 Jac. ca. 7. The Punishment is after this manner THe Constable Headburrough or Tythingman Rogues Vagabonds c. how to be punish'd assisted by the Minister and one other of the Parish is to see or do it himself That such Rogues and Vagabonds c. be stript Naked from the middle upwards and openly whipped till their Body be bloody and then forthwith to be sent away from Constable to Constable the next straight way to the place of their Birth and if that cannot be known then to the place where they last Dwelt by the space of one whole Year before the time of such their Punishment and if that cannot be known then to the Town through
which they last passed unpunished and if it cannot be there discovered where they were Born or last Dwelt as aforesaid then are they by that Constable or rather from Constable to Constable to be conveyed to the House of Correction or common Gaol of the County to be imployed in Work or put in some Service and to be therein continued by the space of one Year But if they be not of able Body to Work then that last Town is to keep them till they can be placed in some Almshouse within the same County 39. Eliz. ca. 4. 2. Bul. 258. Resolue Judic Sect. 714. Note none are to be sent to the place of their Birth or last Habitation but wandring Rogues For those that Beg in their own Parishes or High ways without the appointment of the Overseers are to be sent to the House of Correction Observe further That after such Vagabond Rogues and Vagabonds c. must have a Testimonial is whipt as aforesaid he is to have a Testimonial under the Hand and Seal of the Constable or Tything-man c. and the Minister testifying the day and place of his Punishment as also the place to which he is to be conveyed and the time limited for his passage thither And if by his own default he exceed that time then he is again to be whipped and so from time to time till he arrive at the place limited The substance of the Testimonial is to be Registred by the Minister in a Book which he is to keep for that purpose on pain of five shillings for every Default Dalt fo 129. The Form of the Testimonial it self may be in this manner viz. LAwrence Lazy a Sturdy Vagrant Beggar The Form of the Testimonial aged about Forty Years of middle Stature brown-haird and round Visaged was this six and twentieth day of October in the Third Year of the Reign of our Gracious Sovereigns Lord and Lady William and Mary of England c. King and Queen openly whipt in the Parish of S. Giles in the Fields in the County of Middlesex according to Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to Hard-work in the County of O where he confesseth he was Born or Dwelt last by one whole Year if the place of his Birth cannot be discoverd c. and he is limited to be at Hard-work as aforesaid within Twelve days now next ensuing at his peril Given under the Hands and Seals of A. B. Minister of the Parish of S. Giles afordsaid and C. D. Constable of the said Parish And note That such person as shall in Forfeitures of such as shall disturb or hinder the punishment of Rogues c. any wise disturb or hinder the execution of this Law concerning the punishment of Rogues c. shall forfeit 5 l. to be levyed by Distress and bound to the good Behaviour by two Justices one to be of the Quorum Stat. 39. Eliz. ca. 4. after Confession or Proof of two Witnesses Dalt fo 149. And it is said to have been resolved by Forfeiture of the Constable for not receiving and conveying Rogues c. from Parish to Parish the Judges at Westminster soon after the making of this Stat. That where a Rogue is to be conveyed from Constable to Constable the next straight way to the place of his Birth in such case if the Constable of any Parish will not receive such Rogue to convey him to the next Constable c. he forfeits 5 l. and may be bound as aforesaid to his good behaviour And the penalty is said to be the same if he do receive him or her and yet doth not convey him or her to the next Constable upon their passage Resol of Judges Sect. 13 14. Dalt fo 128. How and to what places Rogues and Vagabonds ought to be sent and setled Husband and Wife And it is also said to have been then resolved That if a Rogue say he was born at such a place and it cannot be made appear to the contrary he must be sent thither So if the Husband or Wife have a House and one of them or both Rogue about they ought to be sent to the Town where the House is and so of an Inmate Children under 7 years of age Also the Wife and all Children under 7 years of age being Vagrant must be sent to the Husband and if he be Dead then to be sent with the Wife where she was born or dwelt last Children above 7 years of age Children under 7 years once setled may not be removed And Vagrant Children above 7 years old must be sent to the place of their birth And Note that when such Vagrant Parents with their Children under 7 years of age be placed at the place of birth of their Parents or their last Dwelling if afterwards the Parents or either of them Dye or run away yet the Children once setled must remain there still and may not be sent to their place of birth though after they grow to be 7 years old The Wife being a Vagrant ought to Wife be sent to the Husband though he be but a Servant in another Town The Rogue whose place of birth or Husband Wife and Children together Dwelling cannot be known having a Wife or Children under 7 years of age They must all go together with the Husband to the place where they were last suffered to pass through without punishment and there the Children must be relieved with the Work of their Parents though their Parents be committed to the House of Correction But it s said Constables are not to post Constables not to post away too hastily such as are sick or great with Child Incorrigible Rogues away such Vagrants taken by them or sent to them that are desperately sick nor Women ready to be delivered nor to deliver them to the next Constable after Sun-set See for these Dalton Cha. 47. Resol Jud. Sect. 4. 5. Note That some Rogues are lookt upon as incorrigible Rogues as such as shall appear to be dangerous to the inferiour sort of people threatning or offering any Violence to them or that will not be reformed from their Roguish Life as having been once whipt and sent home and do afterwards wander again Or when they say they were born or Dwelt last in such a place where in truth it is otherwise Such as these are accounted incorrigible Rogues and all Constables meeting such Persons within their Liberties ought to carry them before some Justice of Peace there to be ordered by him according to the Statute Punishment of Incorrigible Rogues is to be Burnt on the left Shoulder and for the next time 't is Felony without Clergy 1 Jac. 7. Threatning to run from their Families Again all such Persons as shall run from their Families and leave a charge to the Parish are to be punished as Incorrigible
to a Constable and they may be bound to their good Behaviour by a Justice See 2 E. 3. 6. Dalt fo 16. Poult 18. Lamb. 122. For the rest of the Idle persons I think Orchard-Robbers Hedge-Breakers Wood-Stealers c. we may reckon up such as cut down Wood or Corn or rob Orchards and the like And therefore observe That all such as shall be convicted before a Justice of Peace for cutting and taking away of Corn growing Robbing of Orchards Breaking Hedges c. and their Procurers and Receivers knowing the same if they cannot make such Satisfaction as the Justice shall think fit the Justice may then commit them to the Constable to be Whipt either for the first or second Offence and if the Constable refuse or neglect to see them Whipt the Justice may commit him to Gaol till he will do it or procure it to be done Stat. 43 Eliz. cap. 7. And by the Statute 15 Car. 2. cap. 2. Constables Constables may apprehend suspected persons Headburroughs or other Inhabitants in County City or Town Corporate c. may apprehend whom they suspect having or conveying any Wood Underwood Poles or young Trees Bark or Bast of Trees or any Gates Stiles Posts Pales Rails Hedge-wood Broom or Furze and by Warrant from a Justice of Peace the May search suspected Houses Officers may search the Houses and other places belonging to those they suspect and where they find any may carry persons suspected for cutting and taking the same before a Justice of Peace of the County City or Town Corporate where if they give not such account how they came by them as doth satisfie the said Justice or in convenient time to be set by the Justice produce not the Party of whom they bought the same or some Witness to depose upon Oath such Sale shall be deemed as Convicted within the meaning of 43 Eliz. cap. 7. and be liable to the Punishment Punishment therein contain'd And also for the first Offence shall make such Recompence and within such time as the said Justice shall appoint and pay to the Overseers for the Poor of the Parish where the Offence was committed such Sum not exceeding 10 s. as such Justice shall think meet and in default thereof to be committed to the House of Correction for any time not exceding a Month or else to be Whipt by the Constable c. and for the second Offence to be sent to the House of Correction for a Month and be kept to hard Labour and if convicted of the third Offence they shall be deemed Incorrigible Incorrigible Rogues Penalty upon the Buyer of stoln Wood. Rogues 15 Car. 2. cap. 2. And if any person buy Wood c. of any other justly suspected to have stoln the same and this be so found upon Examination before a Justice the Justice may order the Buyer to pay the treble Value thereof to the Party from whom it was taken and in default of present Payment make a Warrant to the Constable to distrain for it and for lack of Distress to commit the Party to the Gaol at the Parties own charge there to remain one Month without Bail or Mainprize 15 Car. 2. cap. 2. But non shall be questioned upon this How and when to be prosecuted Law that hath been punished for the same Offence by any former Law nor after six Weeks after the Offence committed shall any Question thereof be made 15 Car. 2. cap. 2. ☞ Sixthly To have a watchful Eye to such as shall keep Common and Unlawful Gaming-Houses and to such Persons as shall frequent the same Every Mayor Sheriff Bailiff Constable Search for Gaming-Houses c. 48 s. and other Head Officer within every City Burrough or Town shall make due search once every Month at least in pain to forfeit 48 s. for every default in all such Houses and places where unlawful Games Imprisonment till Security shall be used and may arrest and imprison as well the Keepers of the House as the Resorters thereunto until they shall severally give good Security at the discretion of the Justices or such Officers not to keep such Games any more 33 H. 8. ca. 9. And for distinguishing what are unlawful Unlawful Games and Gamesters Games and who are unlawful Gamesters It is Enacted by the said Statute 33 H. 8. cap. 9. That no Artificer or his Journyman no Husbandman Apprentice Labourer Servant at Husbandry Mariner Fisherman Waterman or Servingman shall play at Tables Tennis Dice Cards Bowls Clash Coyting Loggating or any other unlawful Game out of Christmass or then out of their Masters house or presence in pain of 6 s. 8 d. But this Act shall not restrain a Servant by his Masters Licence to Play at Cards Dice or Tables with the Master himself or other Gentlemen resorting to his Masters House And if his Master have Freehold of 100 l. per Annum he may also Licence his Servants to play at Bowls or Tennis 33 H. 8. ca. 9. And Note That all Licences to keep Licenses void Houses or Places of Unlawful Games shall be void by Stat. 2 3 Phil. Ma. cap. 9. ☞ Seventhly At your Assizes You shall present all Offences contrary to the Statutes for the restraint of inordinate haunting and Tipling in Inns c. for the repressing of Drunkenness and profane Swearing No Innkeeper Victualler or Alehouse-keeper No Alehousekeeper to suffer Tipling shall suffer any Town-Dwellers to sit Tipling in his House in pain of 10 s. nor sell less than a full Ale Quart of the best Ale or Beer or two Quarts of the small for 1 d. in pain of 20 s. And here the View of one Justice or proof by one Witness upon Oath or the Parties own Confession before one Justice is sufficient Conviction 1 Jac. 9. And the Oath of Conviction 1 Jac. 9. 21 Jac. 7. 1 Car. 4. Distress the Party confessing shall convince any other The Penalties aforesaid are given to the Poor of the Parish where the Offence is committed and are to be levied on Warrant by the Constable and Churchwarden by Distress which after six Days may be sold to satisfie the Penalty And in default of Distress the party Delinquent must suffer Imprisonment till he pay the Penalty Imprisonment And here every Officer that neglects to levy the said Penaltie or certifie within 20 Days the default of Distress shall forfeit likewise to the Poor 40 s. to be Officer forfeits 40 s. levied upon Warrants from one Justice by distress and sale as aforesaid and upon default of Distress shall incur Commitment as aforesaid The Officers or other Parties receiving Officers accountable these Penalties shall be accountable to the succeeding Officers and other Parishioners One convicted of Drunkenness in Court One convicted of Drunkenness or before a Judge or Justice in their several limits or by the View of one Justice or proof by one Witness upon Oath
to be sold at such Rates as the Justice shall think fit And therefore observe That Malt is When Malt may be said to be badly made said to be ill made and deceitful if in the making thereof it be not in the Fat-floor steeping and drying three Weeks at the least Except in June July or August and then 17 days may serve Also when by Rubbing Treading and Fanning the Makers have not taken out of every Quarter half a Peck of Dust or more for which neglect he forfeits 20 d. a Forfeitures Quarter for every Quarter thereof sold Or if it is made of Mow-burnt or spired Barly or mixed good and bad together for which mixing the Seller forfeits 2 s. for every Quarter thereof sold and these Forfeitures are to be divided betwixt the King and the Prosecutor and the Prosecution must be within one Year But this extends not to such as make Malt for their own provision Stat. 2 Ed. 6. cap. 10. 21 Jac. 1. cap. 28. See Dalton's Just Peace fo 87. CHAP. XVII About Physicians COnstables and other Officers in London Constables to aid the Colledge of Physicians and within seven miles round are to be aiding and assisting to the President of the Colledge of Physicians and all Persons authorized by the said Colledge for the due execution of the Laws and Statutes relating to the said Colledge Stat. 1 M. Parl. 1. Sess 2. cap. 9. 14 H. 8. cap. 5. CHAP. XVIII About the Plague IF the Constable Command any Person Constables to punish such as being Infected go abroad infected with the Plague from which the Lord in mercy deliver us to keep his House and notwithstanding such Person shall wilfully go abroad and converse in Company having any infectious Sore on him it is accounted Felony in such infected Person so to do and tho' he shall have no Sore appear about him he may for his Offence by the Appointment of a Justice of Peace be punished as a Vagabond and also bound to his Good Behaviour for a Year Also the Constable or other Officer To levy Monies for the Relief of the Poor Infected which wilfully neglects to levy the Tar as shall be appointed by the Justices or Head Officers for the Relief of the Poor infected with the Plague forfeits for every Offence Ten shillings Stat. 1. Jac. 1. cap. 31. CHAP. XIX About Quarter-Monies for Maimed Souldiers c. COnstables and Churchwardens are Constables to levy Monies for Relief of poor Maimed Soulders to levy by distress and sale all Monies rated on any Person within their respective Limits for the Relief of poor maimed Souldiers and Mariners and are to pay it to the High Constables upon the forfeiture of 20 s. Quartering Souldiers NOte That Constables Headburroughs Souldiers how to be Quarter'd and other Chief Officers of Towns and Villages within England Wales and Berwick and no others are to Quarter and Billet Officers and Souldiers in Their Majesties Service in Inns Livery-Stables Ale-houses Victualing-houses and all Houses selling Brandy Strong-Waters Cyder or Metheglin by Retail to be drunk in their Houses and no other and in no private Persons whatsoever And if any Constable c. shall Quarter Souldiers upon any private House without consent of the Owner he shall be liable to the parties Action for Damage If any Military Officer shall take upon him to Quarter Souldiers otherwise or abuse the Mayor Constable c. or menace them to discourage them in their Duty by this Act such Military Officer shall be Ipso facto cashierd Note The Conviction by two Witnesses before two Justices of the Peace or more next adjoyning are to pay it to the High Constables upon the forfeiture of 20 s. They are also in the same manner to For Releif of Prisoners levy such Rates as are made for the Relief of the Prisoners in the Kings Bench and Marshalseas and also of Hospitals and Alms-Houses and for Releif of the Poor in their County and this they must likewise pay to the High-Constables on forfeiture of 10 s. Stat. 43 Eliz. cap. 3. See after in the Duty of High Constables Chap. 22. CHAP. XX. About Tobacco THe Acts for preventing Tobacco Tobacco planted c. to be destroyed by the Constables c. Planting being expiring were revived 19. Maii â— Jac. 2. for 7 years and thence to the end of the next Session And by these Acts all Sheriffs Justices Constables c. upon Information that there is any Tobacco set sown or planted or growing within their Precincts are within 10 days to cause the same to be Burnt Pluckt up or destroyed except it be in a Physick-Garden or in Exceptions other private Garden and not exceeding one half of a Pole in any one place or Garden 12 Car. 2. cap. 34. Persons resisting the Officers forfeit Forfeitures and commitment 5 l. and may be committed till they enter into Recognizance with Sureties not to do the like again Ibidem Stat. 15 Car. 2. cap. 7. The Constables are also upon Warrant Presentment and Conviction to search and present at the next Quarter Sessions the said Offence of sowing planting or making Tobacco and their presentment shall be a Conviction except the party Traverse the same Stat. 22 23 Car. 2. cap. 26. And by this last Stat. Constables Tythingmen Constables forfeiture c. are within 14 days after Warrant from two Justices to destroy all Tobacco planted or growing in any Ground upon forfeiture of 5 s. for every Rod unconsumed and so proportionably betwixt the King and Prosecutor Persons Resisting shall forfeit 5 l. to Forfeitures of persons Resisting be levyed by Distress and Sale or be committed for three Months and such as refuse to assist the Constable upon Conviction before two Justices forfeits 5 s. or to be committed for a Week 22 23 Car. 2. Cap. 26. Physick Gardens and Gardens for Chyrurgery Exceptiens are excepted The Officers and Assistants being sued hereupon may plead the General Issue and give the special matter in Evidence Ibidem CHAP. XXI About Weights and Measures IN every City Burrough and Market Where common weights c. ought to be kept Town there ought to be common Weights and Measures sealed at which the Inhabitants may freely weigh and the chief Officers of such places whether they be Constables Bayliffs c. are upon request to mark and sign such Weights and Measures to any of the Kings Subjects taking for the marking of every Weights to be marked Bushel one Penny Stat. 8. H. 6. ca. 5. Stat. 11. H. 7. cap. 4. And Constables are required to search Constables to search for seize and break unlawful Measures and examine if any buy or sell by any other Bushel than Winchester measure which contains 8 Gallons to the Bushel or Strike and sealed by the Clerk of the Market and if any person doth not strike the same even with the brim
any Disturbance Disturbing a lawful Settlement be made to any Settlement lawfully Ordered by the Justices either by the Constables refusing to receive and convey a Rogue where they ought to do it Or by the Churchwardens and Overseers of the Poor in refusing such a one as is duly sent to be setled there In such case they forfeit Forfeiture 5 l. by Stat. 29 Eliz. cap. 4. A. lives in a House at B. with his Children Lives in one Town Works in another but works in C. being hired there by the Year In this case its said his Children are setled in B. and not in C. in case of A's Death If a Woman unmarried be hired in one Child got in one place born in another Parish and there got with Child and then goes into another Parish and is there setled in Service or otherwise for two or three Months and then is found with Child and Deliver'd In this Case It s said she and her Child shall be setled in this Parish where she is and not be sent to the Parish where the Child was begotten Resol Judic Sect. 12. Concerning Bastard Children OBserve further That the two next Justices Punishing the Mother of a Bastard-Child c. may take order as well for the Punishment of the Mother of a Bastard-Child as also to compel her and the reputed Father to save the Parish harmless by allowing Mony weekly and may Imprison him or her if that Order be not performed The Justice also to discover the truth of the Matter may examin the Mother upon her Oath concerning the Father of the Child Dalt fo 37 38. 18 Eliz cap. 3. 7 Jac. cap. 4. If a Woman be Deliver'd of a Bastard-Child Bastard born in one Parish and carried into another in one Parish and then goes into another Parish with her Child In this Case the Child after it is Nursed is to be sent to and setled in the place where it was born and not to remain with the Mother Resol Judic Sect. 21. If A. have a Bastard-Child by B. born Bastard-Child kept 10 years with the reputed Father how to be setled after the Fathers death in D. and the reputed Father marries another Woman and they breed the Child 10 years in the Parish of S. the Mother of the Child being a single Woman and in Service all this while and then the reputed Father dies In this Case its said the Child is to be sent to the Mother first to be maintained by her if she be able and if not it must be kept by the Parish of S. where it was setled 10 years with the Father 2 Bulstr 350. Concerning the Putting forth and Binding Apprentices FOr the doing of this It must be observed What poor Children may be put out Apprentices First That they are to be such Peoples Children whose Parents are unable to maintain them and to be done with the consent of two Justices Stat. 7. Jac. cap. 3. Secondly That the Children so put forth Of what Age they ought to be and how long to be bound ought to be above seven and under fifteen years of Age when they are first bound and they may bind the Man-child till 24 years of Age and the Woman child till 21 years of Age or that she shall be married which shall first happen 43 El. 2. Dalton fo 83. Thirdly These Officers may with the What persons may be compell'd to take such Apprentices help of the Justices compel any man whom they think fit within the Parish to take a Poor mans Child with Mony or without as they see occasion Resol Jud. Q. 1. And if the Master and Officers cannot agree the Justices thereabouts or in their defaults the Sessions must end the Matter Dalt fo 95. Res Jud. Quest 2. Fourthly They may put them to Weavers Tradesmen Husbandmen Houswives Gentlemen c. Masons Dyers Fullers or any other Trade as well as to Husbandry or Housewifery And if all Men that have or may have use for Servants whether Knights Clergymen Gentlemen Yeomen or Tradesmen are bound to take Apprentices And if they be Rich though they Table themselves and alledge that they have no occasion for Servants yet they may be forced either to take them or give Mony towards the Placing of them with others And if they refuse to pay the Sum imposed upon them two Justices of Peace may make Warrants to levy the same by distress and Distress sale of the Offenders Goods Or they may Present and Indict such as refuse to take Indictment such Apprentices at the Assizes or Sessions of the Peace Stat. 43 Eliz. cap. 2. Dalton fo 83 95. Res Jud. Quest 4. So may the Parents of the Children be The Parent of the Children Indicted Indicted if they not being able to bring them up honestly refuse to part with them or if they shall entice their Children away after they are bound Dalton Just P. fo 78 96. If the Children shall refuse to go to be The Children sent to the House of Correction To be bound by Indenture and how Apprentices when ordered the Justices may send them to the House of Correction till they shall be content to be bound Dalt ut supra Note these Apprentices must be bound by Indenture the Indenture to be made between the Justices Churchwardens and Overseers of the Poor and the Apprentice of the one part and the Party that takes the Apprentice on the other part Or it may be said to be with the consent of the Justices The Form whereof is as followeth THis Indenture made the First Day of The Form of the Indenture December in the Third year of the Reign of our Sovereign Lord and Lady William and Mary by the Grace of GOD of England Scotland France and Ireland King and Queen Defenders of the Faith c. Annoque Domini 1691. Witnesseth That A. B. and C. D. Overseers of the Poor of the Parish of St Giles's in the Fields in the County of Middlesex and E. F. and G. H. Churchwardens of the same Parish by and with the Consent of J. K. and L. M. Esquires two of Their Justices of Peace for the same County have placed and by these presents do Place and Bind N. O. being a poor * Or you may say Son or Daughter of such an one unable by reason of his Age and great Charge to bring up and maintain his or her said Son or Daughter as the case is Fatherless Child as an Apprentice with P. Q. of the said Parish of St. Giles's in the Fields Taylor and as an Apprentice with him the said P. Q to dwell from the Day of the Date of these presents until he the said N. O. shall attain the Age of 24 †If it be a Girl you may bind her to 21 or Day of Marriage and a Boy may be bound to 24. Years according to the Statute in that
case made and provided By and during all which time and term the said N. O. shall and will faithfully serve the said P. Q. his Master in all his lawful Business according to his power wit and ability and honestly and obediently in all things shall behave himself toward the said P. Q. his Wife Children and Family And the said P. Q. for his part promiseth Covenanteth and agreeth That he the said P. Q. the said N. O. in the Art Skill and Mysteâ—… of a Taylor ‖ Or in the Art and and Skill of Husbandry or Housewifery as the case is shall teach and instruct or cause to be taught and instructed the best way and manner that he can according to his knowledge and also to find and allow unto his said Apprentice sufficient Meat Drink Washing Lodging Linnen Wollen Shoes Stockings and all other things meet and necessary for such an Apprentice during all the said Term. In Witness whereof the said Parties to these presents have to the same interchangably set their Hands and Seals the Day and Year first above written Let the Churchwardens Overseers and Apprentice seal and deliver one part to the Master And let the Master seal the other part to them And it may be the better to get the two Justices to signifie their Consent by Indorsment on the Backside of the Indentures Note that Mayors Bayliffs or other Head Officers of Corporate Towns have in their several Precincts like Authority as the Justices of Peace have in the Counties for all the uses and purposes in this Act And the like hath every Alderman of every Ward in the City of London Stat. 43 Eliz. cap. 2. Note this Placing of Apprentices may be to any Man or single Woman or Widdow whom the Officers and Justices think fit to receive them either to learn a Trade or Husbandry or Housewifery And note That all such as are bound Such Indentures are safe to the Overseers c. as aforesaid may safely be received and kept as Apprentices by their Masters or Mistresses to whom they were so bound 1 Jac. 1 cap. 25. 21 Jac. 1. cap. 28. 3 Car. 1. cap. 4. By the Stat. 7 Jac. 1. cap. 3. Mony given How Mony given to put out poor Children shall be employ'd to put out poor Children Apprentices is to be employed by the Corporation or Parson Constables Churchwardens and Overseers accordingly on pain that every of them forfeit five Marks And the Person that takes Mony with such Apprentice shall give Bond to repay it at seven Years end or within three Months after Or if the Apprentice dies Apprentice dye in the mean time then within one year after his death and the like of the death of the Master Mistress Master dies or Dame so as the Mony may be employed for putting out others If a Master c. shall put his Apprentice Master may not take away his Apparel How an Apprentice may be discharged from his Master Overseers to be assisting to other Officers into Apparel he cannot take it away from him though he should afterwards part with his Apprentice Bro. Tresp 93. And note that An Apprentice cannot be discharged from his Apprenticeship but by four Justices at the least in open Sessions by Agreement in Writing under his Masters hand Dalt Just P. fo 79. You may perceive by what has been said before that these Officers are to be assisting in some cases to Constables as for Irish Cattle c. which is left to you observation in reading this Treatise The Overseers are to receive for the Fines and Forfeitures to be received by them Poors use the Fines laid upon such as with Nets Snares or Engins take and kill Fish Conies c. unlawfully without the Owners consent Stat. 22 23 Car. 2. cap. 25. Also a Third part of such as Travel with above five Horses in length See the next Chapter vide Antea Chapter for High-Ways By the Stat. 30 Car. 2. cap. 3. upon the Forfeiture for not Burying in Woolen Ministers Notice to the Churchwardens or Overseers of the Poor under his Hand That no Affidavit is brought to him according to the Statute for Burying in Woolen they are within eight Days after to repair to the Chief Magistrate of any Town where the Deceased was Buried else to a Justice of Peace who upon the Ministers Certificate are to grant a Warrant to levy the Forfeiture viz. 5 l. by distress and sale of the Goods of the Party deceased or in default thereof of the persons Goods in whose House the Party died or the Goods of any that had a hand in putting the Party deceased into any Shroud or Cossin made or lined c. with any thing but Sheeps Wool contrary to this Act or that ordered the same And if such person were a Servant and died in the Masters Family the Masters Goods to be liable And if such person died in the Family of his Parents then the Parents Goods to be liable One part of this Forfeiture to the Poor of the Parish the other to him that will sue for the same Note no Penalty shall be incurr'd where the Party died of the Plague If a Justice be not in the Parish where the Party shall be Interr'd the Affidavit may be administred by any Parson Vicar or Curate in the same County other than of the Parish or Chapel of Ease where the Party is Interr'd and they are to attest the same under their hands gratis Stat. 32 Car. 2. cap. 1. Officers neglecting their Duty by this Forfeitures of Officers Act forfeit 5 l. for every Offence to be recovered by Action brought within six Months after the Offence One fourth part to the King two to the Poor of the Parish and one fourth to the Informer 30 Car. 2. cap. 3. These Officers within four Days after Overseers to Account their Year ended and others chosen are to make a true Account to two Justices of what Monies they have Received and Disbursed what Wares they have in their hands or in the hands of any of the Poor what Prentices they have put out c. 43 Eliz. 2. Dalton fo 96. And they are also to give an Account at their Sessions or to any two Justices at their monthly Meetings of the Name and Quality of every person Interr'd since their former Account and of the Certificates and Account of Certificates and Burials c. their levying Penalties and of the disposal thereof on pain of 5 l. to be levied by distress and sale and their Accounts shall not be allowed till they have accounted for the Burials 30 Car. 2. 3. Upon their last Accounting what is remaining To pay over the Remainder Commitment they shall pay over to the New Overseers if they refuse to account the Justices may send them to Gaol and if after they have accounted they refuse or fail to pay over the Mony in their hands to their Successors