him or them shall carry or cause to be carried to the next Constable or else shall forfeit for every such default ten Shillings and the Constable is to whip and convey such Rogues as before is directed on pain of twenty Shillings 39 Eliz. cap. 4. Dalt ch 47. fol. 149. 1 Jac. ch 7. Two Justices of peace one of the Quorum by Warrant under their hands and seals may cause to be levied by distress and sale of the Offendors goods all the Fines and forfeitures aforesaid after conviction of the party which must be either by Confession of the party or proof of two Witnesses before the said Justices 7 Jac. chap. 4. Constables or Tythingmen neglecting to search for Rogues upon the Justices warrant or to appear at their meeting to give an account what Rogues have been punished or sent to the House of Correction or if they neglect to convey such to the House of Correction as by Warrant are to be sent thither they are lyable to such Fine as the Justices please not exceeding forty Shillings 1 Jac. 7.14 Car. 2. ch 12. Any Justice of the peace may reward any person or persons who shall apprehend and bring before him any Rogue Vagabond or sturdy Beggar by granting to such person a Warrant under his hand and seal to the Constable or Tythingman of the place through which the Rogue did pass un-apprehended ordering the said Constable c. to give such person two shillings for every Rogue so taken And if the Constable c. refuse to pay it the Justices of the peace may proceed against such Officers according to the Stat. 1 Jac. 7. and compel him to pay his Forfeiture by the said Statute and to allow the said two shillings out of the said Forfeiture to such person with such further allowance for loss of time as the Justice shall think fit 14 Car. 2. ch 12. If any person shall apprehend any Rogue at the confines of any County which passed through any Parish of another County un-apprehended then the person so apprehending such Rogue must carry him to some Justice of peace of the County through which he passed un-apprehended who upon a Certificate under the hand of some Justice of peace of the County where such Rogue was apprehended is to grant his Warrant to the Constable c. to pay two shillings as aforesaid which if he refuse or neglect then the Justice is to proceed against the Constable c. and cause him to pay ten Shillings to the party or so much thereof for loss of time as the Justice shall think fit 14 Car. 2. cap. 12. It is Enacted That whereas Constables Tythingmen c. are at great charges in Relieving carrying with Passes and conveying Rogues c. all Constables Tythingmen c. so out of purse with the Churchwardens and Overseers of the Poor and other inhabitants of the Parish may make a Rate and tax all the Inhabitants of the Parish which are Chargeable by the 43. of Eliz. which Rate must be confirmed under the hands and seals of two Justices of the peace And if any person refuse to pay his Rate then the Constable by warrant from two Justices of peace may levy the same upon the Goods of the party refusing rendring them the Overplus if any remain thereof 39 Eliz. cap. 4. 17. 43 Eliz. cap. 2. 1 Jacobi cap. 7. 21 Jac. cap. 28. 7 Jac. cap. 24. 5 Elizab. cap. 4. Dalt cap. 47. fol. 123 124 125. All these persons hereafter named are accounted and adjudged Rogues Vagabonds and sturdy Beggars That is to say all such persons above the age of seven years Man or Woman sole or covert that wander from their usual place of abode abroad every where begging or if they do not beg yet if they wander and loyter about without a lawful Pasport and give no good account for their travel are accounted Rogues All Scholars and Sea-faring men which beg Wandring persons that use unlawful Games subtil craft or Playes or pretending themselves to have skill in Physiognomie Palmestrie or the like or to be Fortune-tellers or Figure-casters All Proctors Patent-gatherers except for Fire Collectors for Gaols Prisoners or Hospitals wandring abroad Fencers Bearwards those are Rogues in grain common Players of Interludes and Fidlers or Minstrels wandring abroad All Juglers Hocus pocus and Slight-of-hand Artists Tinkers Pedlars and Petry-Chapmen and Glass men wandring abroad especially if they be not well known or have not a sufficient Testimonial all counterfeit Egyptians not being Felons all persons delivered out of Gaols which beg for their fees or otherwise do travel begging such as go to or from the Bathes and do not pursue their License Souldiers and Mariners that beg and counterfeit a Certificate of their Commanders All Labourers which wander abroad out of the Parish and refuse to work for wages reasonably taxed having no living otherwise to maintain themselves and such as go with a General pasport which is not directed from parish to parish All these are accounted Rogues Vagabonds and sturdy Beggars All Servants that depart out of their service viz. out of one City Town or Parish to another or out of one Hundred or County to serve in another without a Testimonial or with a false one and such persons as are sick of the Plague and wilfully go abroad in company against the command of Officers are to be punished as Vagabonds but none are to be sent to the place of birth or last habitation but wandring Rogues those which beg in their own Parish or in the High-ways without the appointment of the Overseers are to be sent to the House of Correction 39 Eliz. cap. 4. Dalt J. P. ch 47. fol. 135. Resolu Judges sect 4 5. A Wife and Children under seven years of age being vagrant must be placed with the Husband and if the Husband be dead then with the Wife where she was born or last dwelt and vagrant Children above seven years of age must be sent to the place of their birth and if the vagrant Parents with their Children under seven years of age be placed at the place of birth of the Parents or at the last place of 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 the place of their birth though afterwards they attain to the age of seven years The Wife being but a vagrant Rogue ought to be sent to her Husband though he be but a servant in another Town or Parish and the Rogue whose place or dwelling cannot be known having Wife or Children under seven years of age they must go with the Husband to the place where they were last suffered to pass through unpunished where the Children must be relieved with the work of their Parents though their Parents be committed to the House of Correction 3. Hue and Cry Dalton J. P. ch 28. fol. 75. The Constables or Tythingmen of every
now grown in a manner quite obsolete so seldom used that it 's scarce known although the penalty in the same be strict and severe yet it is of good use and so are a great many penal Statutes more very beneficial to the Commonwealth if they were duly put in Execution especially those enacted to punish the daily offences of Brewers Bakers Alehouses all such as use Weights or Measures Millers Forestallers Ingrossers Regrators cum multis aliis c. these are the Caterpillars of the Kingdom CHAP. V. The duty of Constables c. about Affrayes Riots Routs Armes Militia Escapes Forcible entries the Peace Hedge breakers Setting-dogs 1. AFfrayes Riots Routs 3 H. 4.9 10. Bacon's Use of the Law fol. 5. Dalton J. P. ch 1. fol. 4 5. If one makes an Affray or Assault upon another in a Constables presence or in his presence shall threaten to kill beat or hurt another or shall be in a fury ready to break the peace In these cases the Constable may commit the offendors to the stocks or to some other safe custody for the present until such time as he can carry them before some Justice of the peace or to the Gaol until they find Sureties for the peace The Constable may take security for the peace by Obligation to be sealed and delivered to the Kings use which Bond the Constable was to send to the Exchequer or Chancery from whence the process should issue to levy the debt to the Kings use if the peace were broken This was the opinion of three of the Judges of the Common Pleas in Skirret's Case Trin. 35 Eliz. com ban Rot. 1458. But Anderson Chief Justice said That the Constable ought to carry the party that he should see breaking of the peace before a Justice to find sureties for the peace which is the usual practice at this day Dalt J. P. ch 8. fol. 33. The Constable where he seeth an affray made or such as are about to make an affray ought to command the Affrayers in the Kings name to surcease and depart on pain of Imprisonment and if a Constable being present at an affray doth not his best endeavour to part them it being presented by the Jury at the Sessions of the Peace such Constable may be fined for it 3 H. 7.1 3 H. 7.20 Lambert 136. 38 E. 3.8 Dalt J. P. ch 8. fol. 33. If any one be dangerously hurt in an Affray the Constable or any other may stay the offendor and carry him to a Justice of peace who is either to bayl him till the next Gaol-delivery or to commit him to the Gaol until it be known whether the party will live or dye thereof Lambert 135. 1 H. 7.7 3 H. 7.10 If Affrayers will not depart but do draw weapons or give any blow the Constable may command assistance of others to cease the Affray and if they make resistance may justifie the beating and wounding of them and if the Constable or any of his assistants be killed it is murder in the Affrayers Lambert 135. 7 E. 3.19 Where there is a great and dangerous Affray the Constable may make proclamation in the Kings name that the Affrayers shall keep the Kings peace and depart and if the Affray be in a house the Constable may break into the house if the doors be shut to see the Peace kept though none of the parties have taken any hurt and if the Affrayers fly into another mans house the Constable upon fresh pursuit may break into such house and apprehend them Dalt ch 8. fo 34. ch 118. fol. 340. Crompt 146. b. 172. b. Where the Affrayers fly into another County the Constable seeing it may freshly pursue or cause them to be pursued and taken there and then the Constable may carry them before some Justice of the peace of the County where they are taken to find sureties for the Peace And if they fly into a Franchise only within the same County where the Affray was the Constable seeing this may freshly pursue them and take them out thence Dalt J. P. ch 8. f. 34. 38 H. 8. After the Affray is over the Constable cannot arrest the Affrayers without a Warrant Except some person hath received such hurt there that he is in danger of death but before the Affray begun and at the time thereof he may arrest them without a Warrant Dalton ibid. It is not properly an Affray unless some blow be given or offered to be given for hot Words is no Affray neither can the Constable apprehend them for words unless they threaten to kill beat or hurt one another in such case the Constable may take such persons and carry them before a Justice to find sureties for the Peace and yet such Threatning is no Affray Dalt ch 8. fo 35. 5 H. 7.6 If an Affray or an Assault be made upon the Constable himself he may not only defend himself but may also put the parties offending in the stocks till such time as he can carry them to a Justice of the peace or to the Gaol and if he be not able to Arrest them himself he may call others to his assistance who may justifie to Arrest the offendors 27 R. 2. ch 8. Sheriffs Constables and all other the Kings officers shall suppress Riots and Imprison them and all other offendors against the Peace Lambert 179 181. Bro. tit Riot 4 5. Co. 3 part Instit fol. 176. Dalt J. P. ch 85. fol. 217. Where three persons or more shall come and Assemble themselves together to the intent to do any Unlawful act with force or violence against the person of another his possessions or goods as to kill beat or otherwise to hurt or to imprison a a man to pull down a house wall pale hedge or ditch wrongfully to enter upon or into another mans possession house or lands c. or wrongfully to cut or take away corn grass wood or other goods or to hunt unlawfully in any Park or Warren or to do any other unlawful act with force or violence against the peace or to the manifest terrour of the people if they only meet to such a purpose or intent although they shall after depart of their own accord without acting any thing yet this is an unlawful Assembly because of their intention at first And if after such meeting they shall ride move or go forward towards the execution of such Act whether they put their intended purpose in execution or not this is a Rout. And if they do act any such thing indeed then it is a Riot 2. Armes Militia 2 E. 3. ch 3.7 R. 2.13 Co. 3 part Institutes fol. 162. Dalt J. P. ch 9. f. 35. 159. If any person shall ride or go Armed offensively before the Kings Justices or before any other the Kings officers or ministers during their office or in Fairs or Markets or elsewhere by night or by day in Affray of the Kings people and breach of the peace or wear or carry
any Guns Daggers or Pistols charged in such case the Constable upon sight hereof may seize and take away their Armour and other Weapons and cause them to be apprized and answered to the King as forfeited and carry the parties before a Justice of peace to find Sureties for the peace 2 E. 3. ch 3. But the Kings servants in His presence Sheriffs and their officers and other the Kings ministers and such as be in their companies assisting them in their office and all others pursuing Hue and Cry where any Felony or other offences against the peace be committed may lawfully bear Armour or Weapons 14 Car. 2. chap. 3. All High-Constables Petty-Constables and other officers within their several Parishes are to be ayding and assisting to such persons as shall have Warrants from the Lord Lievtenants or any two of their Deputies under their hands and seals to search for and seize all Armes in the custody and possession of any person or persons whom the said Lievtenants or their Deputies shall judge to be dangerous to the peace of the Kingdom and to secure the same and give account thereof to the said Officers but such search is to be made in the day time only between Sun-rise and Sun-set and not otherwise unless it be in Cities and their suburbs Towns-corporate and Market-towns or Houses within the Bills of mortality in which places search may be in the night if the Warrant so direct No dwelling-house of any Peer of the Realm is to be searched unless the Warrant be from the Kings Majesty under his Sign manual or in the presence of the Lievtenant or one of the Deputy-Lievtenants of the said County or Riding And in all places and houses aforesaid where search is made in case of Resistance to enter with Force and such Arms so seized where the Lievtenants or their Deputies or any two of them think fit may be restored to the owners again 14 Car. 2. cap. 3. 15. Car. 2. cap. 4. The Constables by Warrant under the hand and seal of the Lord Lievtenant or any three or more of the Deputy Lievtenants are to levy such summs forfeitures penalties and payments as shall be charged upon any person or persons within their several Liberties for the furnishing of Armes horse or foot or payment of Souldiers Ibid. And where sufficient distress cannot be had then the Lord-Lievtenants and their Deputies by like warrant to the Constable may commit such offendor to prison until he shall make satisfaction according to the said forfeiture payment or penalty 3. Escapes Dalton J.P. ch 106. f. 272. Bro. coron 112.224.316.454 Bro. Escape 31. Stamford fo 32. If a Constable or any other officer which hath a prisoner in custody for Felony or suspition thereof voluntarily letteth or suffereth the prisoner to go where he will at liberty though this be breaking of prison yet it is Felony in the Gaoler Constable or him that letteth such prisoner escape but it is no Felony in the prisoner but if such a prisoner shall 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 or Constable c. shall be fined by the Judges or Justices for such Escape Dalt cap. 106. fol. 272. If a Constable or other officer shall voluntarily suffer a Thief being in his custody to go into the water and drown himself this escape is Felony in the Constable and the Thief is Felo de se but if the Thief shall suddenly without the assent of the Constable kill hang or drown himself this is then but a negligent escape in the Constable and fineable as aforesaid Dalt ibid. The voluntary letting a Felon escape before he be arrested for the Felony is no Felony in him that suffereth him to escape but if the Constable suffer one to escape whom he knows hath committed a Felony is finable if it do not make him accessary Cromp. 40.44 Dalt J. P. ch 106. fo 275. Where a Felony is committed and one is arrested for the same or suspition thereof though the Constable c. shall after have certain intelligence and knowledge that the party arrested is not guilty of the offence yet they may not set the party at liberty for he must not be delivered but by due course of Law Dalt J. P. ch 118. fo 340. If a Constable convey a Feion to the Gaol and the Gaoler will not receive him then the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him until the next Gaol-delivery and in such case the Gaoler shall be punished by the Justices Ibid. The Constable or other officer that shall imprison any Felon in the stocks may lock the stocks and if need be may also put Irons on the prisoner and when he conveyeth him to the Gaol or to the Justice he may pinion him or otherwise make him sure so that he cannot escape 4. Forcible Entries 15 R. 2. chap. 2. Dalt ch 22. f. 57. If a Constable or any other private person of the same County do refuse to attend and assist the Justices of the 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 the King 6. The Peace H. 7. fo 18. A. Cromp. 6.12 The Constable ought to do what he can to keep the Peace but he cannot take surety of the Peace at the request of any man Dalt ch 3.9 The Constable or other officer before he arrest the party upon a Warrant for the Peace ought first to acquaint the party therewith and charge him in the Kings name to go along with him to the Justice to put in sureties according to the Warrant and if the party refuse so to do then the Officer ought forthwith to take and convey him to the Gaol without carrying him to any Justice at all there to remain till he doth find Sureties and then at the next Sessions of the peace the Officer ought to deliver in his Warrant and certifie what he hath done therein Dalt 69. f. 166. If the party yield to go and find Sureties then the Officer may not absolutely arrest him yet he is not bound to go up and down with him till he can get Sureties but he may keep him till he can get Sureties to come unto him and if the party make resistance or offer to go away afterwards the Officer may carry him to the Gaol or set him in the Stocks till he can get ayd to carry him to the Gaol Lambert 101. Dalt J. P. ch 69. f. 168. If an officer having a Warrant from a Justice of peace against a man to find sureties for the Peace and do afterwards receive a Supersedeas out of the Chancery or Kings Bench or from another Justice of peace of the same County to discharge the same Surety of the peace
and yet nevertheless the Officer will cause the party to find sureties by virtue of the Warrant the party may refuse to give it and if he be arrested or imprisoned for such refusal he may have his Action of False imprisonment against such Officer for the Supersedeas is a discharge of the former Warrant 13 H. 7.10 Dalt J. P. ch 75. f. 189. I. a Constable be informed that a man and woman be in Adultery or Fornication together or that a man and woman of evil report are gone to a suspected house together in the night the Constable may take company with him and if he find them so he may carry them before a Justice of the peace to find Sureties for their good behaviour Fitz. Barr. 207. Cromp. 135. If any shall abuse a Constable in the execution of his office the Constable may have him bound to his good behaviour for it Dalt ch 3. f. 9. Any injurious force or violence used against the person of another his goods lands or other possessions whether it be by threatning words or furious gestures or force of the body or any other force used in Terrorem is said to be a breach of the Peace 6. Hedge-breakers Roblers of Orchards c. 43 Eliz. ch 7. Such as are convicted before a Justice of the peace for cutting and taking away of Corn growing robbing of Orchards breaking Hedges and their procurers and receivers knowing the same are to give the party grieved such satisfaction as a Justice of peace shall think fit and if they cannot give such satisfaction then the Justice may commit the offendors to the Constable to be whipped for the first offence and the like pain for the second offence and if the Constable or other officer do not by himself or some other see the same done accordingly then the Justice may commit such officer to the Gaol there to remain without Bayl until he procure the offendor to be whipped as aforesaid 15 Car. 2. ch 2. The Constables Headboroughs or other person in every County City Town-corporate or other place where they shall be officers and inhabitants have power to apprehend or cause to be apprehended such persons as they suspect for having carrying or conveying any burthen or bundles of any kind of Wood Underwood Poles or young Trees or Bark of any trees or Gates Stiles Posts Rayls Pales Hedge-wood Broom or Furze and any Constable or Headborough c. by warrant under the hand and seal of one Justice may enter into the houses out-houses yards gardens or other places belonging to the houses of such persons as they shall suspect c. and where they shall find any to apprehend the parties suspected for cutting the same and those in whose custody c. any such Wood or Underwood shall be found and carry them before a Justice of the peace and if the party cannot give a good account to the Justice how he came by the said Wood c. by the consent of the Owner or shall not within the time the Justice shall appoint prove who he bought it of then such person shall be deemed convicted of the cutting and spoyling of Wood within the Statute of 43 Eliz. and for the first offence shall give such satisfaction to the owner within such time as the Justice shall appoint and pay over and above presently to the use of the Poor where the offence is committed so much money as the Justice shall appoint not exceeding Ten shillings And for default of performance hereof the Justice may commit the offendor to the house of Correction so long time as he shall think fit not exceeding one Month or otherwise to be whipped by the Constable or other officer And for the second offence the offendor is to be sent to the house of Correction for one Month and there held to hard labour and if he be convicted the third time then to be punished as an incorrigible Rogue Stat. ibid. If any person buy any burthens of Wood Underwood Sticks c. of any who may justly be suspected to have come by the same unlawfully upon complaint to a Justice Head-officer c. and if upon examination upon Oath it appears That the same were bought of such person as aforesaid the Justice may order the buyer to pay the treble value thereof to him from whom they were stollen and for non-payment the Justice may grant his Warrant to the Constable to levy the same by distress and sale of the offendors goods rendring to the owner the overplus and for want of such distress then to commit the party to the Gaol at his own charge there to remain one Month without bayl None is to be punished by this Statute that hath been punished for any former Law for the same offence and all offendors within this Statute must be prosecuted within six Weeks after the offence committed Setting-dogs Stat. 7. Jac. ch 11. Dalton J. P. ch 37. fol. 90. The Constable Tythingman or Headborough of any place upon a Warrant under the hands and seals of two or more Justices of the Peace hath power to search the Houses of any persons suspected to keep Setting-dogs or Nets for the taking of Pheasants or Partridges and the Dogs and Nets there found to take carry away detain kill destroy and cut in pieces Stat. idem Dalt ibid. But they cannot search the houses of any who have free Warren or any Lords of any Manor or such as have 40. Pounds per ann or more in Freehold or some Estate of Inheritance or 80. Pounds per annum for Life or be worth in personal Estate 400. Pounds These may keep Nets and Dogs to take Pheasants or Partridges in their own ground CHAP. VII The Constables office touching Clothiers Maultslers Alehouses Drunkenness Weights and Measures Purveyances High-ways 1. CLothiers 14 Car. 2. ch 5. Constables and other officers upon request are to ayd and assist the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs called Norwich-Stuffs made in Norwich and the County of Norwich They ought to be very vigilant in this business for there never was such slight and unserviceable Stuffs made as now are to the great damage of his Majesties subjects 14 Car. 2. ch 5. In the West-riding of the County of York the Constables are likewise by warrant from the Justices of the peace Masters and Wardens of the Corporation or any thirteen of them to levy such Fines Penalties and Forfeitures as shall grow due from any Clothier by virtue of the Statute abovesaid by distress and sale of the offendors goods rendring the overplus to the owner upon demand 4 E. 3. ch 1. Fitz. J. P. 103. Clothiers must pay their Spinners and other work-folks their Wages in ready Money and not in Wares and shall deliver their Wool in due weight on pain to forfeit Six pence for every default And the Carders Spinners Weavers and other work-folks are to do their work faithfully on pain to forfeit double damages
and in case of resistance break open the doors chests trunks and other package there to seize and from thence to bring any kind of goods or Merchandize whatsoever prohibited and uncustomed and to put and secure the same in His Majesties Storehouse in the Port next to such place where the seizure shall be made Idem All Officers belonging to the Admiralty Chaplains and Commanders of Ships Forts Castles and Blockhouses and all Justices of peace Mayors Sheriffs Constables and Headboroughs and other the Kings officers and subjects whatsoever whom it may concern are to be aiding and assisting to all and every person and persons which are or shall be appointed by His Majesty to manage his Customs and if the Officers of the Customs or any acting in ayd of them shall be sued indicted prosecuted or molested such persons their Heirs Executors and Administrators may plead the general issue and give the several Acts relating to the Customs or any of them in evidence 4. Excise 12 Car. 2. ch 23 24. Gagers employed by the Commissioners of Excise are to take the Constable with them when they enter by night into any house to Gage their Coppers Fatts or vessels or to take an account of their Liquors made brewed or distilled in their Houses Idem Such persons as shall be convicted before the Justices of peace or Commissioners of Excise of any offence and forfeiture within the Acts of Excise the Constables by warrant from the Justices of peace are to levy the Penalties upon the goods of the offendors by distress and sale thereof rendring the overplus and for want of distress they are to convey the offendors to the Gaol there to remain until satisfaction be made And the Constables upon warrant are to summon Alehouse-keepers c. to appear before the Commissioners at such places and times as shall be appointed in the Warrants CHAP. IX Concerning disturbing of Ministers Swearing Recusants Conventicles 1. Disturbing of Ministers 1 Mar. Sess 3. ch 3. Wingate's Stat. tit Sacraments Dalt J. P. ch 41. fol. 103. If any person purposely without Authority disturb a Preacher lawfully Licensed in preaching praying or administration of the Sacraments either by talking laughing humming or the like any Constable or Churchwarden of the place ought presently to apprehend the party carry him before a Justice of the peace of the same County who may commit him to safe custody and within six dayes after with another Justice of the peace they may examine the matter And if they find it true by two Witnesses they must commit him to the common Gaol there to remain for three Months and from thence to the next Quarter-Sessions at which upon the parties reconciliation and entring into security for one whole Year he may be released at the discretion of the Justices but if he continue still in his obstinacy he must continue in Prison without bayl till he be penitent Idem He that Rescues an offendor in this kind shall suffer like Imprisonment and forfeit Five pounds and the Inhabitants that suffer such an offendor to escape being presented before the Justices at their Sessions of the County or Corporation where the offence was made do also forfeit Five pounds 2. Prophane Swearing 21 Jac. ch 20. 3 Car. 1. ch 4. If any person shall prophanely Curse or Swear they forfeit Twelve pence for every time so offending the offence must be presented within Twenty dayes and proved by two Witnesses or confession of the party before a Justice of peace or Head-officer of a City or Town-corporate who may thereupon issue out their Warrant to the Constables Church-wardens and Overseers of the poor of the Parish where the offence was committed to levy the Forfeitures by distress and sale of the offendors Goods rendring the overplus to the owner if any be Idem Where no Distress can be found the offendor if above Twelve years of age shall by warrant from a Justice c. be set in the Stocks three whole Hours But if the offendor be under Twelve years of age and do not forthwith pay the forfeiture of Twelve pence per Oath then must such offendor be whipped by the Constable or by the Parent or Master in the presence of the Constable 3. Recusants 3 Jac. ch 4. The Constables and Churchwardens of every Parish or one of them or High-Constable of the Hundred are once a year to present at the Sessions of the Peace the Monthly absence from the Church of all Recusants and their Children above Nine years old and their Servants on pain to forfeit for every such default respectively Twenty shillings which Presentment the Clerk of the Peace or Town-Clerk is to Enroll without fee on pain of Forty shillings 7 Jac. 6. If the Minister Churchwardens or Constable of any parish or any two of them shall complain to any Justice of the peace of any person suspected for Recusancy then any such Justice may tender the Oath of Supremacy to the person suspected and if he refuse to take it the Justice may commit the party to the Gaol there to remain until the next Assizes or Sessions of the Peace And then if the party refuse again he is in Praemunire but if it be a Feme-covert she shall only be imprisoned there to remain without Bayl until she will take the said Oath 4. Conventicles 16 Car. 2. ch 4. If any Constable Headborough or Tythingman neglect to execute the Warrants to them directed for Sequestring distraining and selling the Estate or goods of any seditious Conventicler to be transported or neglect to distrain and sell the goods and chattels of such offendor for the levying of such summs of money as shall be imposed upon them for the first and second offence in such cases the officer so offending for his neglect shall forfeit Five pounds the one moiety to the King the other moiety to him that will sue for the same in any of His Majesties Courts of Record 16 Car. 2. cap. 4. If any person be at any time sued for putting in execution any of the powers in the Act against seditious Conventicles such person shall and may plead the general issue and give the special matter in evidence and if the Plaintiff be nonsuit or a verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon demurrer Judgement be given for the Defendant every such Defendant shall have his or their treble Costs 22 Car. 2. ch If any person of the age of Sixteen years and upwards being a subject of this Realm after the Tenth of May 1670. shall be present at any Assembly Conventicle or Meeting under colour of Religion in other manner than according to the Liturgy of the Church of England in England Wales or Berwick upon Tweed at which Conventicle there shall be Five persons or more over and besides those of the same Houshold if in a house where a Family is residing or if in a House Field or place where no Family inhabits
prison there to remain till the said Forfeiture be paid But if a man marry a Grandmother that hath no Estate the Grandfather-in-Law is not chargeable but if she have an Estate caused without such Marriage or that comes after Marriage by descent or otherwise to her here he may be charged but he can be charged in no case longer than his Wife lives Bastard-children are not within this Law neither can the Justices do any thing herein against a man that lives out of their County Resol Judges 15. No Poor may beg but in their own Parish and there by License of the Overseers of the poor and they may not license them to beg in the High-wayes there 1 Jac. 7. No inhabitants may serve any Poor at their door but those of their own Parish that have License from the Overseers of the poor to Beg on pain of Ten shillings for every default Stat. 43 Eliz. 2. The Overseers to make provision for a poor man that wants a house but not for a common Herdsman or Shepherd with consent of the Lord of the Manor by writing under his hand and seal either by themselves or with a Sessions order may erect a Cottage upon any part of the Waste of the Manor and lodge inmates therein notwithstanding the Statute of 31 El. 7. but such Cottage must not be any otherwise employed Stat. 4.3 El. ch 2. All such persons married or unmarried having no means to maintain them use no ordinary and dayly Trade to get their living by and such persons as can get no work are to be set on work by the Overseers and any one Justice of peace may send to the House of Correction or common Gaol such as shall not employ themselves to work being appointed thereto by the Churchwardens and Overseers of the poor Stat. 3 Car. 1. ch 4. The Churchwardens and Overseers of the poor with the consent of two or more Justices of the peace one of the Quorum may set up and use any Trade Mystery or Occupation for the setting on Work and better relief of the Poor of the Parish Town or place where they are Overseers 14 Car. 2. chap. 12. If a stranger come into a Parish into any house under the yearly Rent of Ten pounds per annum the Overseers may require sufficient security of him for the discharge of the Parish and if he refuse they may complain to the Justices of the peace within forty dayes after the parties coming to the Parish and they may order him to give security or otherwise remove him Dalt J. P. chap. 40. fol. 94 95. The Overseers are to take and put out Apprentices such poor mens children as are brought up idly and loosely or such as are a burden and charge to their Parish and they must have regad to put them to such Masters as are of ability and honesty that shall not provoke their Apprentices to run away by hard usage nor suffer them to consume their time without learning their Trade And they are to put out their Children Apprentices while they are young and tractable so they be above seven years of age for else by reason of their idle and base bringing up they will hardly keep their service or employ themselves to work 7 Jac. ch 3. These Apprentices are to be chosen out of the poorest sort of Children whose parents are least able to maintain them and they must be above Seven and under Fifteen years of age when they are first bound 43 Eliz. chap. 2. Dalt ch 31. fol. 83. The Overseers are to have the consent of two Justices of the peace in the putting out of such Apprentices and they may bind the Man-child till 24. years of age and the Woman-child till 21. or till she be married which shall first happen And these Apprentices may be bound to Weavers Masons Dyers Fullers or any other Trade as well as to Husbandry or Houswifery Resol Judges 1633. Quest 1. The Apprentices may be put to any man whom the Overseers and Justices shall think fit within the same Parish or elsewhere in other Parishes within the same Hundred either with or without money But if the Child be young and the party to whom they place it not very able then they may give money if they please as the party and they can agree Resol Judges Q. 4. All men that have or may have use for Servants as Knights Clergymen Gentlemen and Yeomen as well as Tradesmen are bound to take Apprentices yea though wealthy men Table themselves or live so privately that they have no use for a Servant yet they may be compelled to take them or else to pay a summ of money for putting them Apprenprentices elsewhere and if they refuse to pay the summ imposed upon them two Justices of the peace may make their Warrant to leavy the same by distress and sale of the offendors goods Or the refuers to take Apprentices may be presented and indicted for the same upon the Statute of 43 Eliz. ch 2. Resol Judges Quest 2. An Apprentice put to a man in respect of his Farm when his Lease expireth the Apprentice shall go still with the Farm if the first Master be so pleased otherwise it is where an Apprentice is put to a man in respect of his abilities or for other respects And where any diffeences are between the Officers and the man that is to receive an Apprentice about money and what money shall be given or otherwise the Justices thereabouts or in their defaults the Sessions must determine it Dalt J. P. ch 40 31. fo 96 78. If the parents of poor Children shall refuse to let their Children be put out Apprentices without good cause shewed such Parents may be bound over by the Justices to answer their said default And if the Children shall refuse the Justices may send them to the House of Correction there to remain till they be content to be bound and serve Dalt J. P. ch 31. fo 82. These Apprentices must be bound by Indenture and not by any verbal Agreement and the Indenture must be either between the Justices Churchwardens and Overseers or some of them and the Apprentice on the one part and him that takes the Apprentice on the other part And he must be named by the name of an Apprentice expresly or else he is no Apprentice though he be bound The form of an Indenture for a poor Child put out by the Parish THis Indenture made the 25th day of M. c. Witnesseth That R. H. and R. W. Overseers for the Poor in the Parish of H. in the County of S. and H.T. Church-warden of the same parish by and with the consent of A. H. Knight and Baronet and F. T. Esq two of His Majesties Justices of the peace of the same County have by these presents placed and bound J. G. being a poor fatherless child as an Apprentice with E. B. of H. aforesaid widow and as an Apprentice with her the said E. B.
Warrant may do it Dalt J.P. ch 26. fo 70. Stat. 5 Eliz. ch 13. The Surveyors or one of them are to preent to the next Justice of peace every default upon the 2d and 3d of P. M. ch 8. and 5 Eliz. ch 13. within one Month after it shall be made on pain of 40 s. and the Justice is in pain of 5 l. to certifie the same at the next Quarter Sessions where the Justices are to enquire of the default and set such Fine upon the offendors as they or two of them one of the Quorum shall think fit 5 Eliz. 13. Rastall 199. The presentment of a Justice of peace in Sessions upon his own knowledge shall be a good conviction upon which the Justices in Sessions or two of them one of the Quorum may assess a Fine as well upon a Verdict but the offendor shall be admitted to his Traverse Stat. 2 3. P. M. ch 8.5 Eliz. ch 13.18 Eliz. ch 10. The offences upon these Statutes are inquirable by Justices of the peace-in their Sessions and Stewards in Leets either of which have power to assess Fines at their discretions upon defaulters of which Fines indented Estreats in the Sessions under the hand and seal of the Clerk of the Peace in the Leet under the hand and seal of the Steward shall be delivered within six Weeks after Michaelmas one part of the Estreats to the Bayliff or High-Constable of the Liberty and the other part to the Constables and Churchwardens of the Parish where the offendors live Stat. 2 3 P. M. chap. 8. These Estreats shall be a sufficient Warrant for the Bayliff or chief Constable of the Liberty 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 dayes after the lawful demand thereof he or they shall forfeit double so much All which Fines and Forseitures are to be employed towards the mending of the Highwayes in the Parish where the offences are committed Stat. 2 3 P. M. ch 8. The High-Constable or Bayliff shall between the First of March and Last of April yearly give an account to the Constables and Churchwardens who have the other part of the Estreats of the Fines of what Money they have received on pain of Forty shillings and the Constables and Churchwardens have power to call the High-Constable or Bayliff before two or more Justices of the peace one whereof to be of the Quorum to give up his Account who have power to commit him until he have satisfied all the Arrerages by him received save Eight pence in the Pound for his own Fee and Twelve pence in the Pound for the Clerk of the Peace or Steward of the Leet And the Contables and Churchwardens have the same power successively as their predecessors 14 Car. 2. ch 6. Every Survey or of the Highwayes shall within one Month after his Year is expired yield up to the INhabitants of the Parish Town or Hamlett at some publick meeting appointed by the inhabitants a perfect Account of all Moneys he hath received and paid within the Year by reason of his said Office and of whom what summ to whom he hath paid the same what Moneys are in Arrear for Fines Forfeitures Penalties c. and if any overplus be in his hands he shall render the same to the next Surveyor for the use of the Parish Town or Hamlett to be disbursed in and about the Highwayes the year following And if the Surveyor shall not make such an Account and payment then two Justices near the Parish upon complaint may examine the business upon Oath and upon default found in the Surveyor they may commit him to the Gaol of the County City c. there to remain until he have made a true Account and payment Stat. idem All Justices of Assize Oyer and Terminer and Justices of peace are impowred to hear and determine all matters concerning charitable Gifts for the amending and ekeping in repair any common HIgh-wayes Pavements Streets c. within their Commission and to make Orders for the due employment of such Gifts except the Gift be made to the use of any Colledge Hall Free-School or Hospital who have proper Visitors of thier own and to determine all offences and defects in Surveyors concerning the same and in ease any person be aggrieved by such Order he may Appeal to the Court of Chancery as in case of a Decree made upon the Statute of Charitable uses Stat. idem No travelling Wayn Wagon Cart or Carriage wherein any Goods Burthens or Wares shall be carried or drawn for hire other than such Carts and Carriages as are employed about Husbandry and managing of Lands and in carrying of Hay Straw Corn unthreshed Coal Chalk Timber for shipping materials for Building Stones of all sorts or such Ammunition or Artillery as shall be for His Majesties service shall at any one time travle be drawn or go in any publick or common Highway with above seven Beasts whereof six shall draw in pairs nor with above eight Oxen or six Oxen and two Horses nor shall at any time carry above 2000. weight between the First of October and the First of May except such paticulars as abovesaid nor above 3000. weight between the First of May and the First of October nor above five Quarters of Wheat Meal Mesline Rye Pease Beans Tares nor above eight Quarters of Barley Mault or Oats nor shall any Wagon Wayn or Carriage be employed for the said uses the Wheels whereof are less in breadth than four Inches in the Tyre upon pain every owner of such Wagon Wayn or Carriage Horse Beasts or Oxen shall for every of the said offences forfeit 40. Shillings to be divided into three equal parts one to the Surveyors of the High-wayes where any of the offences shall be committed towards the repairing of the highwayes of the Parish there the other part to the Overseers of the Poor of the Parish where the offence is committed for the relief of the poor there and one other part to him that shall discover and prosecute for the said offences These Penalties are to be levied by distress of all or any the Horses Beasts or Oxen and to be distributed as aforesaid by the Constables Surveyors of the Highwayes and Overseers of the Poor of the parish where the offence is committed and in case the Penalties be not payd within three dayes after distress then the same to be sold rendring the overplus the charges of keeping and selling first deducted Statutes for repairing particular Highwayes viz. Stat. 39 El. ch 19. For repairing the High-wayes in the Wild of Sussex Surrey Kent Stat. 37 H. 8. chap. 3. For Huntington-Lane near to Chester Stat. 14 H. 8. ch 6. 26 H. 8. ch 7. For laying out new Highwayes in the Wild of Kent and Sussex Stat. 1 M. par 2. ch 5. For the Cawsey between Dorchester and Sherborn Stat.
18 Eliz. ch 10. For the Kings Ferry in Kent Statutes for particular Bridges Stat. 18 H. 6. chap. 28. For making of Burford and Culhamford Bridge Stat. 18 Eliz. ch 17. 27 H. 7. ch 25. For the maintenance of Rochester Bridge Stat. 18 Eliz. ch 20. For the repair of the Bridges within a mile of Oxford Stat. 23 Eliz. chap. 11. For the maintenance of the Bridges over Toffe in Wales Stat. 39 Eliz. chap. 23. For making and repairing of Newport and Carleon Bridges over the River Usek Stat. 39 Eliz. ch 24. For building and maintenance of a Bridge at Wilton upon Wye near Ross in Herefordshire Stat. 3. Jac. chap. 23. For making and repairing Chepstow Bridge Stat. 14 Car. 2. ch 6. For building and repairing Laycock and Rey Bridges in Wiltshire and Stratford Bridge in Middlesex By the same Act it is provided That all Bridges shall have sufficient Walls or Posts and Rails on each side thereof four Foot high at the least adn that the same be from time to time sufficiently kept and repaired Pasch 10 E. 3.28 29. Coke 2 Part of the Institutes fol. 701. Bridges are to be repaired by the whole County by common Right if it be not known who ought to do the same otherwise Rolls Cases 1. part f. 368. If a man erect a Mill for his own particular profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own profit Coke 2. part Instit so 700. If man which holdeth an 100 Acres of Land ought to repair a Bridge by tenure of the same do alien 20 Acres thereof to one man and 10. Acres to another man in such case every owner or occupier of such Lands must be charged proportionably for their said Lands 22 H. 8. chap. 5. Coke 2. part Instit fo 702 Dalt J.P. chap. 13. fo 41. If any Bridge be wholly in a City or other Town-Corporate the inhabitants of the same City or Town Corporate must repair it And where such Bridge lyes out of such City or Corporate-Town the same must be made by the inhabitants of the Shire or Riding within which the same Shire shall be And if part of a Bridge be in one Shire or Riding City or Corporate-Town and one part in another then every of them shall be charged to make and repair such part as shall lye and be within their own limits Crompt 186. b. 43. Ass Dalt J. P. ch 13. fo 42. Such as are chargeable to repair a Bridge may enter upon any other mans land or soyl adjoyning and lay their Stone Lime Timber or other things necessary there for the repairing and amending thereof and the owner of the Lands shall have no Action therefore for it is for the common profit And the party that is chargeable to repair a Bridge must also maintain the way at each end thereof although the soyl be to another and if the ends be broken by the Water-course he must follow the Water-course and mend the way Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 4. Where a common Bridge in the Kings HIghway is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof four Justices of the peace one of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town-corporate then four such Justices of peace there may within the limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town-corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other inhabitants and with their assents may tax every inhabitant in any such City Town or Parish within their limits to such reasonable summ of Money as by their discretions they shall think convenient as well for the repairing of such Bridge as also for the making and repairing of the Highwayes by the space of 300. Foot next adjoyning to the ends of any such Bridge Coke 2. part Instit fo 704. This Taxation ought not to be made by the Justices without the consent of the Constables or inhabitants nor by them without the Justices and this Tax ought to be upon every inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or few might be distrained upon the whole Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 40. Coke 2. part Instit fol. 701 702. Where a Franchise City or Borough is a County of it self and hath not four or more Justices of the peace whereof one or more are of the Quorum in this case no other Justices of the peace of any Shire or County have any power to meddle there by this Act but such decay must be amended by the Common Law by such remedies as they were antiently before the Statute of 22 H. 8. supra Coke 2. part Instit fo 704. Dalt J. P. ch 18. fo 40. The Justices of peace after the Taxation is made shall cause the names and summs of every particular person so Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Coke part idem fo 705. Dalt J.P. ch fol. idem 22 H. 8. ch 5. The Justices may make two Collectors of every Hundred to gather the Money so taxed which said Collectors having received one part of the Roll thereof indented have power to gather all the Money therein mentioned and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Stat. 22 H. 8. ch idem Dalt ch fo ead The Justices are likewise to appoint two Surveyors who from time to time as often as need shall require shall see such decayed Bridges and Wayes repaired and amended to whose hands the Collectors must pay the money by them received Stat. idem Dalt idem The Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of peace of the Receipts Payments and Expences of the said summs of Money and if any of them refuse so to do then the said Justices of peace from time to time at their discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their hands and seals returnable at their general Sessions of the Peace and the said Justices may allow such reasonable Costs and charges to the said Surveyors and Collectors upon their account as to them shall seem
THE Duty and Office OF HIGH-CONSTABLES OF HUNDREDS Petty-Constables Tythingmen and such inferiour Ministers of the Peace WITH The several Duties and Offices of Churchwardens Overseers and Collectors for the Poor of Surveyors for amending the Highwayes and Distributors of the provision for the Destruction of noysom Fowl and Vermin First collected by William Lambard in the reign of Queen Elizabeth AND Now Enlarged with many useful Additions according to the succeeding Statutes By R. TURNER Gent. LONDON Printed by Ioh. Streater Hen. Twyford and Eliz. Flesher the Assigns of R. Atkins and E. Atkins Esquires 1671. Cum gratia privilegio Regiae Majestatis To the READERS THe foundation of this little Structure was first laid by Mr. Lambard a long while since in the Year 1579. and first made publick in 1581. and afterwards revised and the second Edition published in the year 1587. but in so long time since the succeeding Age growing worse and worse ut Crescit in orbe dolus our Law-makers have been forced to make Additional Laws for prevention of Offences and punishment of Offendors so that the Duties of these inferiour Officers of the Peace have still increased as several Statutes dayly enacted do impose new Duties upon them So that I have revised this Treatise with such necessary additions and enlargements as any ways may concern the Offices of Constables Headboroughs c. Churchwardens Overseers of the Poor Surveyors of Highwayes and Bridges or as they are enjoyn'd by any Laws since Mr. Lambard to observe perform in their several offices and indeed this small Tract will be as useful to every person whether Officer or not Officer as a pocket-Almanack to him that is in office it is a Pilot to steer him in his right course whereby he may avoid those Rocks and Sands of Over-doing or Vnder-doing some through neglect in not performing their duties are culpable by the superiour Magistrate and others either ignorantly or wilfully running beyond their Authority are dashed against the Rock of the Law Those that are in likelyhood to bear any of these Offices may by studying this Book be perfectly instructed in the performance of their Duty when they come to it And such as are not likely to serve any Office may herein learn to escape punishment by fearing to offend I have set down the High-Constables Oath at large which partly comprehends the whole duty of his Office and such Articles as he is to present to the Justices of peace at their Sessions and monthly Meetings in their Divisions and likewise that Statute which institutes the office of the Distributors of the provision for the Destruction of noysom Fowl and Vermin that is what Reward shall be given to those that destroy them which some vulgarly and erroneously talk of others have affirmed there is no such Law but they will hereby be convinced of the truth and instructed in the substance So that I hope this will prove to your acceptance which is the desire of R. T. THE TABLE CHAP. I. THE original Office and Jurisdiction of High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen Pag. 1. Chap. idem The form of the High-Constables Oath Pag. 5. Idem The Oath of a Petty-Constable or Tythingman Pag. 8. CHAP. II. The duty of Constables and Headboroughs c. in executing Warrants directed to them from the Justices of Peace Pag. 14. CHAP. III. Articles which the High-Constables are to return to the Justices at their Sessions or monethly Meetings c. Pag. 19. CHAP. IV. The duty of Constables c. touching Watching Warding Vagabonds Hue and Cry carrying Prisoners to the Gaol Servants and Labourers Pag. 22. CHAP. V. The form of a Testimonial for conveying a Rogue or Vagabond Pag. 26. Idem A Testimonial for a Servant Pag. 38. CHAP. VI. The duty of Constables about Affrayes Riots Routs Armes Militia Escapes Forcible Entries the Peace Hedge-breakers Setting-dogs Pag. 40. CHAP. VII The Constables office touching Clothiers Maultsters Alehouses Drunkenness Weights and Measures Purveyances Highwayes Pag. 56. CHAP. VIII The Constables office about forein Bonelaces c. Chimney-money Customes Excise Fish Pag. 71. CHAP. IX Concerning disturbing of Ministers Swearing Recusants Conventicles Pag. 77. CHAP. X. The Churchwardens office Pag. 86. Idem The Subscription of the Vestry-men Pag. 91. Idem The form of the Articles given to the Churchwardens to make their Presentments upon Pag. 101. CHAP. XI The office of the Overseers of the Poor Pag. 110. Idem The form of an Indenture for a poor Child put out by the Parish Pag. 117. CHAP. XII The office of the Surveyors of the Highwayes and Bridges Pag. 122. Idem Statutes for repairing particular Highwayes Pag. 134. Idem Statutes for particular Bridges Pag. 135. CHAP. XIII The office of the Distributors of the provision for the Destruction of noysom Fowl and Vermin Pag. 141. THE DUTY OF CONSTABLES c. CHAP. I. Of the Original Office and Jurisdiction of High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen THE Saxon Christian King Alfred King of England for the more peaceable Government and ease of his Subjects divided this whole Realm of England first into Shires then caused those Shires to be subdivided into Hundreds Rapes Ridings Wapentakes and divided these also into Tythings Leets or Boroughs and in all these Divisions were appointed Officers for the better preservation of the Peace such are High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen the office of all these latter is one and the same only different in Title according to the custome of the Countrey in Middlesex besides the High-Constables of the Hundreds they have Petty-Constables and Headboroughs in the respective Parishes and they are in number more or less according to the greatness or smalness of the Parish in Kent these petty Officers of the Parishes are called Borsholders but in Hampshire and all the Western parts Tythingmen and their divisions of Parishes Tythings in Sussex the Hundreds are called Rapes and in the North Ridings and Wapentakes There was antiently in England a great Officer called the High Constable of England and he kept an Office which is supposed to come hither with William the Conqueror out of Normandy or Court called the Constables Court or the Court of the High-Constable wherein he had authority to hear and determine Contracts touching deeds of Armes out of the Realm and to determine all things concerning War within the Realm as Combats Blazon Armory c. but not to deal with Battel in appeals that belonging to the Common Law of the Land Amongst the rest of the Conquerours Laws this is one That if a French-man do appeal an English-man of Perjury or Murder the French-man may defend himself by Battail which in English was then called Earnest which word we yet retain and the Officer to see this performed was the High-Constable but this Officer Court and practice is long since dissolved The Etymologie of this word Constable proceeds from the old word Conning or Cyng and Staple or
Stable the word Conning or Cyng signifies a King and Stable a Stay or Prop which is as much as to say the stay or prop of the King that great Officer the Constable of England having that Title given by reason of the great Authority that he had was a principal Prop of Stay unto the Kings government from whence is this Title and Office of this Lower Constableship derived and continued though with lesser Authority unto this hour and is a branch of that Original By the Statute of Winchester made in the time of King Edward the First these Constables of Hundreds were appointed to keep Watching and Warding for the better keeping of the Peace and prevention of Thieveries and Robberies and apprehensions of Felons and Rogues c. and that the High-Constables in every Hundred and Franchise should take the view of Armour c. Hereby it appears that the name of a Constable in an Hundred or Franchise is an Officer to assist and support the Kings Majesty in the maintenance and preservation of his Peace within his Hundred or Franchise and he is called the High-Constable in respect of the Constables or Petty-Constables and Headboroughs or Tythingmen which be in the respective Towns Villages Parishes or Precincts within his Hundred or Franchise under his Jurisdiction and it is also the part and duty of these inferior Officers to execute the High-Constables office in his absence in maintaining and keeping the peace in their several Tythings and Limits and in the High-Constables presence to be aiding and assisting unto him The High-Constables of every Hundred or Rape or Riding are chosen by the Justices in each County most usually at their general Quarter Sessions or in their several divisions from the Justices they receive their Authority and are by them again discharged of their office as they shall see cause At the entrance into their office they take an Oath the usual form whereof followeth The High-Constables Oath YOu shall swear That you shall well and truly serve our Sovereign Lord the King in the office of a Constable you shall see and cause his Majesties peace to be well and truly kept and preserved according to your power you shall arrest all such persons as in your sight and presence shall ride or go Armed offensively or shall commit or make any Riot Affray or other breach of his Majesties peace you shall do your best eudeavor upon complaint to you made to apprehend all Felons Barretors and Rioters or persons Riotously assembled and if any such Offendors shall make resistance with force you shall levy Hue and Cry and shall pursue them until they be taken you shall do your best endeavour that the Watch in and about your Hundred be duly kept for the apprehending of Rogues Vagabonds Nightwalkers Eves-droppers Scouts and other suspected persons and of such as go Armed and the like and that Hue and Cry be duly raised and pursued according to the Statute of Winchester against Murderers Thieves and other Felons and that the Statutes made for the punishment of Rogues and Vagabonds and such other idle persons as come within your bounds and limits be duly put in execution you shall have a watchful eye to such persons as shall maintain or keep any Common house or place where any unlawful Game is or shall be used as also to such as shall frequent or use such places or shall use or exercise any unlawful Games there or elsewhere contrary to the Statutes At your Assizes Sessions of the peace or Leet you shall present all and every the offences done contrary to the Statutes made 1 Jacobi 4 Jacobi 21 Jacobi regis to restrain the inordinate haunting and tippling in Innes Alehouses and other Victualling houses and for repressing of Drunkenness you shall there likewise true Presentment make of all Bloud sheddings Affrayes Outcryes Rescous and other offences committed or done against the Kings Majesties peace within your Limits you shall once every year during your office Present at the Quarter Sessions all Popish Recusants within your Liberty and their Children above 9. and their Servants sc their Monthly absence from the Church 3 Jac. 4. you shall well and duly execute all Precepts and Warrants to you directed from the Justices of the peace of this County or higher Officers you shall be ayding to your Neighbours against unlawful Purveyances in time of Hay or Cora harvest upon request you shall cause all persons meet to Serve by the day for the Mowing Reaping or getting in of Corn or Hay you shall in Easter-week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty and you shall well and duly according to your knowledge power and ability do and execute all other things belonging to the office of a Constable so long as you continue in the said Office So help you God In this Oath is briefly comprehended the whole Duty of a Constable and the principal matters of his Office at large I shall now set forth every particular branch of the Constables office and of the Tythingmen Headboroughs Borsholders their Duties are the same in effect and their Authority yet the latter are inferiours to the former The Form of the Petty-Constable or Tything-mans c. Oath is thus YOu shall Swear That you shall well and truly Execute the Office of a Tythingman of the Tything of H. or Headborough c. His Majesties Peace in your own person you shall keep and see it kept in all others as much as in you lyeth In the presence of the High-Constable you shall be ayding and assisting unto him and in his absence you shall execute his Office and do all other thing belonging to your Office according to your knowledge and power until another be chosen in your room or you be legally discharged thereof So help you God There are in several Counties of this Realm other Officers that is by other Titles but not much inferiour to our Constables as in Warwickshire a Thirdborough and in other places a Boroughead in others a Chief-pledge The Authority of these as I said is much like that of the Constables but yet the Office of the Constable is distinct and of greater authority and respect than these Lambert pag. 51. c. Duty of Constables saith that these Tythingmen Borsholders c. cannot meddle in a Town or Parish where a Constable is because in comparison of them the Constables be Headoffiers and that the Tythingmen c. are but Assistants where the Constable is present but in his absence they are to perform the service and that there are many things which a Constable may do wherewith the Tythingman and the rest cannot meddle at all 1 Jac. cap. 7. Lambert Off. del Const 4 6 9. In Towns where there be no Constables and that the only Officers for the Peace there be Headboroughs Thirdboroughs Borsholders or such other and in such cases where their power and authority is declared to
Town Parish or Village to whom Hue and Cry shall come ought to search in all suspected houses and places within their Liberties and as well be Officers as all other persons which shall pursue the Hue and Cry may take and stay all such persons as in their search and pursuit they shall find to be suspitious and shall carry them before some Justice of the County where they are taken to be Examined where they were at the time of the Felony committed and if any default be in the Officers they may be fined by the Justices for their neglect 27 Elizab. cap. 13. Dalt J. P. ch 48. fol. 132. Where a Hundred is sued for a Robbery and damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto in such case two Justices of the peace one of the Quorum dwelling within or near the Hundred may for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables or Tythingmen of every parish must Tax the particular Inhabitants within their Liberties and then levy the money upon such as refuse by distress and sale of their Goods restoring the over-plus if any be and after the Money is gathered they are to restore the same to the Justices or some of them that made the Rate within ten dayes 27 Eliz. cap. 13. That Hundred where fresh Suit shall cease shall answer half the damages to the Hundred where the Felony was committed to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County where the Felony was committed in which case the death or change of the Clerk of the Peace shall not abate the Suit And this Recovery is to be taxed and levied as the former Bract. lib. 3. f. 121. Dalt J. P. f. 133. Where any one of the Robbers is apprehended or where the Action is not prosecuted within one year after the Robbery committed the Hundred is not chargeable for the Robbery Observe likewise that the Hue and Cry shall not be judged legal unless the pursuit be both by horse and foot Westm 1. ch 9. Co. 2. part Inst f. 172. He that goeth not at the command of the Sheriff or Constable at the Cry of the County that is upon Hue and Cry to arrest Felons after Attainder shall be grievously fined and imprisoned 4. Carrying Prisoners to the Gaol 3 Jac. ch 10. Dalt chap. 43. f. 104. An offendorwhich is to be conveyed to Gaol must bear all charges both of himself and of those that guard him if he be able and if he refuse to pay the charges or shall not at the time of the commitment discharge the same then upon a Warrant from a Justice of peace the Constable of the Liberty or Town where the offendor hath any Goods being within the same County may sell so many of the parties Goods as in the discretion of the Justice shall be thought sufficient to satisfie the said Charges the Apprizement to be made by four Inhabitants of the parish where such Goods be and the over-plus to be returned to the owner 1 Jac. ch 10. And if the offendor have no goods to defray the charges then the charge must be born by the Town or Parish where the offendor was taken which must be done by Tax made by the Constable Churchwardens and two or three other Inhabitants and where there are no such officers then four of the principal Inhabitants of the parish must make the Rate which being allowed under the hand of a Justice of peace every Inhabitant must pay their proportion according to the said Rate and if any refuse to pay the Constable Tythingman or other officer by Warrant from a Justice of the peace may levy the same by distress and after appraisement by four of the Inhabitants may sell the same rendring to the party refusing the overplus if any be And if the Constable or other officer that makes such distress be sued he may plead Justification and upon a verdict for the defendant or Non-suit of the plaintiff he shall recover treble damages besides Costs of suit 5. Servants and Labourers 5 Eliz. c. 14. The Constable in the time of Hay and Corn harvest upon request to him made by any man that wants Labourers to get in his Harvest to prevent loss thereof may cause all such Artificers as he shall see meet to labour to serve by the day for mowing reaping or otherwise for the getting in of Corn or Hay abroad according as they seem fit and able to perform And if such persons shall refuse to work after they are requested thereunto the Constable may set them in the Stocks by the space of two days and one night and if the Constable neglect to perform his office herein he forfeits Fourty shillings 5 Eliz. chap. 4. No person reteined in Husbandry or in any Arts appointed by that Statute shall depart after the time of such reteiner expired out of the City Town or Parish where he last served to serve in another without a Testimonial viz. in a Town-corporate under the hands and seals of the Magistrate and two housholders there and in the Countrey under the hands and seals of the Constable or other officers and two housholders of the Town or Parish where he last served which Testimonial is to be registred by the Minister for which he is to have Two pence and then to be delivered to the party The form of a Testimonial for a Servant MEmorandum That J.S. servant to J.D. of Bramsil in the County of Southampton yeoman is licensed to depart from his said Master and is at liberty to serve elsewhere according to the Statute in that case made and provided In witness whereof we have hereunto set our hands and seals this 25 day of August in the 22 year of the reign of our gracious Sovereign Lord King Charles the Second 1670. Ri. Turner Constable of Bramsil R. C. J. D. Housholders there If it be one that lives with a Woman then say is licensed to depart from his Mistress or Dame as she is if the Master be not a Yeoman or Husbandman but an handy-crafts-man as Taylor Smith c. then name him so in the Testimonial 5 Eliz. ch 4. Dalt J. P. ch 31. fo 63. The Master that reteins a Servant without such a Testimonial forfeits Five pounds being thereof convicted by Indictment taken in the Sessions of the Peace and every Servant which sheweth not such a Testimonial to the chief Officer in a Corporation or to the Constable or other officer Minister or Churchwarden of the place where he is to dwell may be imprisoned until he procure one and if he produce not one within one and twenty dayes next after the first day of his Imprisonment or if he shall shew a false or counterfeit one then he is to be whipped and used as a Vagabond This Statute as to this particular of Testimonials is