to do that then immediately you do convey the said T. L. to the common Goal of the said County there to remain until he shall be willing to do the same and see that you certifie your Doings in the Premises to the Justices of the said Sessions and have there this Warrant Dated at c. The Form of a Warrant to search for Stolen Goods Com. Surrey To the Constables of R. c. and to either of them Whereas Complaint hath been made to me W. C. Esq one of the Justices of the said County by L. G. of C. That upon Tuesday Night last he had Feloniously taken from him certain Goods here name them And that he is given to understand that there are divers Parcels of such Goods in the Hands or Houses of divers suspected Persons within your Town These are to Will and Require you and in His Majesty's Name straitly to Charge and Command you that immediately upon the receit hereof you make diligent search in all and every such suspected Houses and Places within your Town and Parish as you and this Complainant shall think convenient and it upon your said Search you find any of the said Goods or any other just Cause of Suspicion that then you bring all such suspected Person as you shall find together with the said Goods before me or some other of His Majesty's Justices of the Peace for the said County to make Answer thereto and hereof fail not at your Peril Dated c. The Form of a Warrant to search after a Robbery Committed directed to the High Constables Whereas there have been of late many Robberies committed about D. Now for the better finding out such Lewd Persons we whose Names are here under-written being his Majesty's Justices of the Peace for the County of Middlesex have thought fit and do hereby Will and Require you in His Majesty's Name that forthwith you direct your Precepts to every Petty Constable within your several Hundreds Commanding them to make Search in all Inns Ale-houses and other suspected Houses within your Precincts for all such Persons as are Masterless or out of Service as also for all Idle Vagrant wandring Rogues Beggars and other Persons And further that they the Petty Constables within the Precincts do take Examination and account of all those and such other Persons as be common Ale-house-haunters or which expend their Money in Riot or which do not Labour for their Living and have not whereon to Maintain them and that the same Searchers be holden all over your Hundreds the same Night and at such other several times as in your Discretions shall seem meet And if any such Persons shall be found in the same Searches and that upon yours or the Petty-Constables Examination taken of them or any of them there shall be found any Cause of Suspicion in them or any of them that then they bring the said Persons so suspected before us or some one of us or some other of the Justices of the Peace of this County to be further Examined in the said Causes and to be further dealt withal according to Law and Justice And for the better doing hereof we require you to Command in His Majesties Name that every Petty-Constable within their respective Precincts do Require and Charge two chief discreet Head-boroughs in every Parish to Assist the Petty-Constable in this Service And hereof fail not at your Peril c. Dated c. The Form of a Warrant for a Person who hath dangerously Hurt or Wounded another c. Surrey To the Constables of C. c. Forasmuch as I am Credibly informed that C. G. of your Town Carpenter hath now or lately dangerously Hurt or Wounded one G. F. of your said Town Brick-layer by a Blow or Blows which he hath given to the said G. F. on the Face and Head c. So that the said G. F. is in danger of Death thereby These are therefore in His Majesty's Name straitly to Charge and Command you that immediately upon sight hereof you or one of you do bring the said C. G. before me or some other of His Majesty's Justices of the Peace of this County to find sufficient Sureties as well for his Appearance before His Majesty's Justices at the next General Goal-delivery to be holden for the County then and there to Answer unto the Premises and to do and receive therefore that which by the Court shall be Enjoyned him as also that he the said C. G. shall in the mean time keep the King's Peace towards his said Majesty and all his Liege People and especially towards the said G. F. and hereof fail not at your Perils Dated c. The Form of a Warrant for a Reputed Father of a Bastard-child Surrey To the Constables of P. c. Whereas Complaint hath been made unto me L. C. Esq one of His Majesties Justices of the Peace for the said County by M. G. of your Town single Woman that she is gotten with Child by R. B. also of your said Town Barber These are therefore to Will and require you and in His Majesty's Name straitly to Charge and Command you and either of you that immediately upon Receit hereof you Attatch the Body of the said R. B. and thereupon bring him before me or some other of His Majesty's Justices of the Peace for the said County to find sufficient Sureties as well for his Appearance at the next General Sessions of the Peace to be holden for this County as also for his good Behaviour towards His Majesty and all his Liege People in the mean time and hereof fail not as you will answer the contrary at your Peril Dated c. CHAP. XIX An Order of the Justices of Peace for a Bastard-child The Order of L. C. Esq and R.G. Esq two of His Majesties Justices of the Peace for the County of S. made for the Relief of the Parish of C. of the said County for the keeping of E. a Bastard-child Begotten by R. B. of C. c. On the Body of M. G. c. Imprimis Upon the Examination of the said M. G. duly by us taken we do find that the said R. B. is charged to have divers times Bodily and carnal Knowledge between such Times Here name the Times and to be the only Father of the said Bastard-child c. And therefore we do Order and Adjudge him the said R. B. to be the Reputed Father of the said Child We do further Order as followeth First That the said M. G. shall keep her said Child till it come to 8 Years of Age. Secondly That the said R. B. upon notice of this Order shall after such Notice pay unto the Hands of one of the Overseers of the Poor of C. for the Time being after the Rate of 2 s. 6 d. every Week to be paid Monthly every Year towards the Relief of the said Child until it come to 8 Years of Age. Thirdly That after the said Child shall come to the Age
Tanner using also the Mystery of a Shoomaker Currier Butcher or any other Artificer Using Cutting or Working in Leather looseth the Hides and Skins Tanned ibid. None may Buy or Contract for or bespeak any rough Hides or Calveskins but only a Tanner or Tawer of Leather except Salt Hides for the necessary use of Ships on Penalty of 6 s 8 d. for every Hide so Bought or Contracted for 1 Jacobi 22. Lamb. 463. None shall Forestall any Hides coming to a Fair or Market except such as kill for the Provisions of their House on Penalty of 6 s. 8 d. for every Hide None may buy Tanned Leather or Wrought but such as will convert them into made Wares except Necks and Shreads of Sadlers and Girdlers upon Penalty to lose the said Leather 1 Jacobi c. 22. Lamb. 463. A Tanner putting to Sale any Insufficient Leather not throughly Wrought and Tanned or not well and throughly dryed and the same so found by the Tryers appointed 1 Jacobi Chap. 22. loseth so much as is Insufficient Lamb. 464. See more of this in Statute 1 Jacobi 1. Chap. 22 c. All sorts of Spices and Merchandizes Garblable in the City of London and the Liberties thereof shall for the usual Fees be Garbled by the Garbler or his Deputy before they be Sold upon Penalty of the Forfeiture thereof or the Value Sold for and so if afterwards mixed with Garbles 1 Jacobi 19. Dalt 131. The Garbler of London his Deputy or Assign in the Day-time may enter any House Shop or Warehouse to see if the Wares c. be Garbled if not to cleanse them and Forfeitures of this kind to go to the King and Informer ibid. An Inn-holder in a Corporation or Market Town where there is a common Baker that hath been an Apprentice therein Seven Years may not make Horse-bread within his House 32 Hen. 8. c. 41. 21 Jacobi c. 12. An Inn-holder or Ostler in a Thorow-fare Town Corporate or Market-town being a Baker and one that hath been an Apprentice thereto seven Years may make Horse-bread within his House 21 Jacobi 1. Chap. 21. This sort of Bread called Horse-bread must be of a Lawful and sufficient Size according to the Price of Corn as it is at a Rate in the Neighbouring Markets at that time according to the 21 Jacobi 1. Chap. 21. CHAP. XXXI Rates of Wages for Servants according to Statute-Law c. And how to be Ordered by Justices of the Peace c. RAtes of Wages for Servants and Labourers are to be made by the Justices of the Peace in their Respective Divisions or Counties at Easter Quarter-Sessions and by them to be Ingrossed in Parchment under their Hands and Seals and after it is Lawful for the Sheriff of the said County wherein this is done to cause Proclamation to be made of the several Rates so Rated in so many Places with in his Jurisdiction as to him shall seem Meet and Convenient and as if the same had been set down Printed by the Lord Chancellor or Lord Keeper after Declaration thereof to His Majesty and Certificate thereof in Chancery 39 Eilz Chap. 4. 1 Jacobi c. 6. Lamb. 474. Any giving Wages contrary to the Rates apointed Forfeits 5 l. 5 Eliz. Chap. 4. 1 Jacobi Chap. 6. Lamb. 474. Every Justice not shewing Lawful Excuse Testified by Oath of one that is in Subsidy five Pounds c. that shall not Assemble at Easter Sessions or within 6 Weeks after to Rate the Wages of Servants Forfeits 10 l. 5 Eliz. Chap. 4. Lamb. 632. Any having the Authority to Rate Wages by the 5 Eliz. Chap. 4. may Rate the Wages of Labourers Weavers Spinsters or of any Working by the Day Week Month or Year or by the Great 1 Jacobi Chap. 6. No Penalty for Certifying the Rates of Wages into Chancery if they be duly Proclaimed 1 Jacobi Chap. 6. Rates of Wages Ingrossed in Parchment are to be kept by the Custos Rotulorum if in a Corporation among the Records thereof ibid. Any two Justices of the Peace may Imprison such Master or Mistress for 10 Days without Bail and their Servants Workmen or Labourers for 20 Days upon their Respective giving or taking greater Wages than are Assessed by the Justices of the Peace and Proclamation thereof made in the County 5 Eliz. Chap. 4. Dalt 823. Every Retainer Payment or Promise of Wages or any other thing whatever contrary to the true Intent and Meaning of 5 Eliz. Chap. 4. and every Writing and Bond to that Intent and Purpose is utterly null and void Dalt 823. A Justice of the Peace may have his Action of Debt against the Sheriff for his Wages at the Sessions Crompt 177. a. Numb 23. The Justice of the Peace shall be payed his Wages out of the Fines and Amercements of the same Sessions and they ought to Assess the Fines in the Court c. And it shall be allowed the Sheriff upon his Account in the Exchequer 14 R. 2. c. 11. Lamb. 628. Crompt 177 c. CHAP. XXXII The Office of a Coroner in the Material Things he is to observe in the Executing of it His Fees and upon what Statutes and other Warrantable Authority he is to proceed THE Office of a Coroner is very Ancient and has been and yet is held in high Esteem For the Lord Mayor of London is held to be Coroner there 2 Cro. 531. And the Lord Chief Justice of the King's-bench is Sovereign Coroner of all England 4 â—o 57 b. And he upon view of the Body of one killed in open view as a Coroner may make a Record returnable into the King's-bench ibid. But to come nearer to the intended Purpose amongst other Matters It is the Coroner's Business to view the Bodies of such as come to Casual Deaths make away themselves or are made away by others or suspected to be put out of the World by a violent Death or Dying Languishing in Prison where there may be any Suspicion the Party Dyed not Naturally but by hard Usage Starving or that the Imprisonment caused his Death c. For he is to know and certifie how the King came to lose a Subject He is says 3d Institute fol. 129. to have Visum Corporis of a Prisoner Dying in a Goal by reason of Duress And the Jury or Inquest before the Coroner is to be of Persons within the four next adjacent Vills made by the Bayliffs or Constables and no Challenge lies to any of them so legally Summoned on the Inquest 1 Cro. 135. And upon a View of the Body and a strict Examination how the Party came by his Death they must give in their Verdict to the best of their Judgment according to the Evidence or other Matters appearing to them whether it be Felo de se he Killed or Drowned himself c. or Died by the Hand of other Person or Persons or by the Fall of a House Wall Timber Kick of a Horse or any other Matter or Thing that brought the Party to
Royal Dutchy CHAP. LXVII The Constables Office and Duty relating to such Persons as Prophanely Swear and Curse BY a late Statute made in the 6 and 7 Year of the Reign of William the Third Chap. 11. it is enacted for the restraining that Dangerous and Unprofitable Sin of Swearing and Cursing that such as in the Presence or Hearing of a Justice of the Peace of the same County wherein the Offence is committed or Head Officer or Justice of Peace of the City do Swear or Curse or are thereof convicted by Witness or Confession of the party before any Magistrate the Offender if a Common Soldier Labourer or Servant shall pay for every Oath c. 18. for the use of the poor of the Parish wherein the Offence is committed and every other person is to pay 2 s. for the like Offence for the second double for the third treble to be levied by Distress by Warrant from one Justice of the Peace and where no Distress is found the Offender if above Sixteen Years of Age is to be set in the Stocks by the space of one Hour for one Offence and two Hours for more than two Offences but if under Age to be whipt by the Parents or Master in the Presence of the Constable All Justices of Peace Constables c. who neglect to put this Act in Execution being knowing of the Offence to forfeit 5 Pounds and none are to be prosecuted upon this Act beyond the Expiration of Ten Days therefore Information must be given within the said Ten Days after the Offence committed And for the better deterring Offenders to commit Offences of this Kind it is ordained to mind them of the Danger and Shame they are like to incur thereby that this Act be publickly read in Churches next Sunday after every Quarter Day immediately after Morning Prayer under Penalty of 20 s. for each Omission and Justices c. are to keep a Register of all such Convictions before them and to certifie the same at the Quarter Sessions to be there Recorded where any one may search for the same and see it without paying any manner of Fees CHAP. LXVIII The Constables Office and Duty further relating to Vagabonds and Beggars and Collecting Monies for Building and Repairing Goals BY an Act of the 11 and 12 of W. 3. it is Enacted that after the 24 of June 1700. That if any Vagabond Beggar or any person whatsoever shall be brought to any Constable Headborough or Tythingman or other Officer with a Pass Testimonial Letter of Request or other Writing whatever pretending thereby either to be Relieved or Conveyed The said person or persons shall by such Constable or other Officer or by some other sufficient person or persons whom he shall order or depute be carrryed before some one Justice of the Peace of the County which Justice is carefully and diligently to Examine him or them and if he finds they ought by Law to be punished he is to send them to the House of Correction and take such further Course as in that Case the Law directs But if no such Cause appear then he or they are to be immediately conveyed out of the County to such Town of the next County unto or through which such person or persons are to pass or be conveyed as the said Justice shall think most proper and every Constable or other Officer is to convey them to the House of Correction or to such Town as aforesaid without delay and further the Justice is by this Act obliged to give the Constable or other Officer a Certificate without Fee of the Number of such persons as he shall so order to be punished or conveyed as also the manner how when and from whence such persons are to be conveyed And further the Justice ought to Tax the Charge on the back of the Certificate which the Constable c. delivering to the High Constable of that Division he is to pay him his Charges out of the Monies of the Goal and Marshalsea Mony and take a Receipt for the same which Receipt shall be Accepted by the Chief Treasurer of the County and allowed in his Accounts as so much Mony and if the Goal and Marshalsea Mony fail to be sufficient then the Justices in their Quarter-Sessions may raise a Tax in their Counties Ridings and Divisions in such manner as they raise it for the County Goals and Bridges the Mony to be paid to the Chief Constable of each Division so as they shall have a quarterly Payment in their Hands before hand and as often as the said Petty Constables or Deputies shall produce the said Certificates they shall be paid their Charges according thereto and the High Constable must Account for so much at the next Quarter-Sessions and the Petty Constable is not to Charge the Inhabitants of his Constabulary wirh any Sum or Sums of Mony or any Provisions to the Relief or Conveyance of such Rogues or Vagabonds And if any Constable or other Officer to whom it belongs shall neglect to Apprehend such Vagabonds or Beggars or be remiss and negligent in doing his Duty by this Act required then for such Offence he shall pay 20 s. one fourth part to go to the Informer and the other 3 parts to the poor of the Parish and he may be Convicted before a Justice by the Oath of one Witness and upon refusal to pay Distress may be made by Warrant as in other Cases But this Act is to continue but 3 Years and from thence to the End of the next Session of Parliament By another Act of Parliament 11 and 12 W. 3. Intiuled An Act to Enable Justices of the Peace to Build and Repair Goals in their respective Counties The Justices of the Peace at their General Quarter-Sessions are to direct their Warrants or Precepts to the High Constable Petty Constable Bailiffs or other Officer or Officers as they shall think fit for the Collecting and Levying the Mony in order thereto and upon denial of any Assessed after 4 Days demand to pay the same they are Impowered to make Distress and Sale of Goods and after 4 Days keeping if the Mony be not paid to sell the same and deducting Charges immediately to render the Overplus to the Owner the Distress being first Appraised by two or more of the Inhabitants and the Constable c. to pay the Monies so Collected to the Treasurer or Treasurers Appointed by the Justices to receive it and for refusing to Account after four days demand the Justices of the Peace or the greater number of them are Impowered to Commit him or them so neglecting or refusing to Prison there to remain without Bail or Mainprize till he or they shall have made a true Account CHAP. LXIX The Constables Office relating to such as make or put bad Mault to Sale c. THE Constable's Office relating to Malt is to see such Malt as comes to be sold within his Division or there made for Sale that it be
A HELP To Magistrates and Ministers of Justice also a Guide to Parish and Ward-Officers Containing 1. Plain Directions for Justices of the Peace in material things relating to their Office in and out of Sessions 2. To their Clerks in drawing Forms of Warrants and other necessary Writings 3. A Help to Grand and Petty Juries 4. Penalties upon Forestallers of Markets Fairs Badgers Drovers Butchers Tanners Inholders c. 5. The Rates of Servants Wages according to Statute Law c. 6. Some Directions to Coroners and their Inquests in many material things relating to their Office and Duty c. 7. Customs and other advantages peculiar to the City of London in Privileges Law-matters Proceedings in the Court of Requests Attachments Court of Orphans and other things 8. The Office and Duty of a High Constable Petty Constable Headborough Tything-man Bailiff c. 9. The Office and Duty of Churchwardens and Sidesmen 10. The Office and Duty of the Overseers of the Poor 11. The Office and Duty of Toll-keepers and Fair-keepers 12. The Office and Duty of Surveyors of Highways Scavengers c. The Second Edition With Amendments and large Additions agreeable to the several Acts of Parliament in these Cases made and provided By P. B. Gent. LONDON Printed for Nicholas Boddington at the Golden Ball in Duck Lane 1700. THE PREFACE TO THE READER Reader THIS little Book may be termed a Posy of choice Flowers gathered out of divers curious Gardens It contains a great many things useful and necessary to be known by all English Men who at one time or other may stand in need of them by way of Advice as well as some may do it to put them in Practice It is a Collection indeed but such a one that of this nature scarcely has appeared in any one Volume though large and at great Price and certainly never before in so small a Compass It contains however in Quality more by a great deal than upon the first view can reasonably be guessed by its Quantity I need not instance Particulars seeing in the Title-Page they are briefly set down and in the Table more at large though in neither so exactly as you will find them in Particulars duly placed in the Book I cannot doubt but it will be Instrumental in doing a great deal of Good First In giving Men an Insight what they ought legally to do And secondly What they ought to avoid as not warrantable in the one kind to rest secure and in the other to keep out of Danger saving themselves thereby much Trouble and Expence I have mostly quoted the celebrated Books from whence it was taken and is warranted by those Men exceeding Skilful in the Laws of the Land and for that Particular especially have left Names behind them that cannot be obliterated Also I have cited such Statutes Ancient and Modern as the Parliaments have been pleased to make for well ordering the Government and rendring us a happy People in the Security they give us as to Life Liberty Property c. So putting all this together I doubt not but the Reader 's Expectation will be answered according to his desire in that he will find nothing omitted he can fancy material as far as is proposed or herein could be contained and then both of us have our Ends I in Writing and he in Reading so useful a Work as past all Peradventure will find Encouragement and descend to Posterity which will be Grateful Courteous Reader Your Friend to Serve you P. B. THE CONTENTS Chap. 1. THE Antiquity of a Justice of the Peace his Power and what he may do in the Execution of his Office Page 1 Chap. 2. What may be done by a Justice of Peace Ex Officio c. p. 3 Chap. 3. What one Justice of Peace may do by power and virtue of his Commission without requiring to be joined with another or more in acting in what relates to his Office c. p. 6 Chap. 4. The Power of two Justices of the Peace acting jointly within the Compass of their Jurisdiction by virtue of their Commission and Office c. p. 9 Chap. 5. What may be done by three Justices of the Peace conjunct in the Execution of their Office according to several Statutes c. impowering and directing them thereto p. 13 Chap 6. What may be done by four Justices of the Peace conjunct in the Execution of their Office as aforesaid c. p. 14 Chap. 7. What six Justices of the Peace conjunct in the Execution of their Office may do c. p. 15 Chap. 8. What is to be considered and meant by the next Justice in a County c. p. ibid Chap. 9. Of certain Forfeitures by Statute given by eight Justices of the Peace p. 16 Chap. 10. The Fees of Justices of the Peace or such as they ought to take p. 17 Chap. 11. Where a Justice of the Peace lies liable to be Fined for neglecting or transgressing in his Office or Duty c. p. ibid Chap. 12. Where a Justice of the Peace lies liable to Punishment p. 18 Chap. 13. Some Directions in making out or granting Warrants by a Justice of Peace and how to be executed p. 19 Chap. 14. Of Mittimus's and their Form and what is to be considered in them c. p. 23 Chap. 15. Of Recognizances what they are and how and in what Cases to be taken by a Justice of Peace c. p. 24 Chap. 17. Of Sessions and Matters properly to be done c. by Justices therein c. p. 25 Chap. 18. Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several occasions directed to Constables p. 26 Chap. 19. An Order of the Justices of Peace for a Bastard Child p. 33 Chap. 20. A Warrant for the Overseers of the Poor to give up their Accounts p. 37 Chap. 21. The Form of a Warrant for suppressing an Ale-house p. 39 Chap. 22. Supersedeas grantable by Justices of Peace to supercede Warrants c. their Forms p. 40 Chap. 23. The Forms of Recognizances on several occasions to be taken by Justices of Peace and written by them or their Clerks c. p. 44 Chap. 24. The Forms of Mittimus's to deliver Persons committed to Goal c. p. 48 Chap. 24. The Form of Bailments by the Justices of Peace c. p. 51 Chap. 25. The Form of Releases by Justices of Peace c. p. 54 Chap. 26. Somewhat of the Antiquity of Juries what things they must consider and how they ought to be qualified to be Juries p. 55 Chap. 27. Of Indictments Presentments and the difference between them the Oath administred to the Grand Jury and how they ought to enquire c. p. 58 Chap 28. Several material things relating to Juries as the Law directs and according to the Opinion of the Learned Lawyers c. p 62 Chap. 29. Challenges to be made of Jurors and other useful Instructions tending to Evidence
Common Pleas. Dy. Dyer sometimes Lord Chief Justice of the Common Pleas. Dr. certain Directions or Resolutions of the Judges of Assize Anno 1643. Co. Sr. Edward Coke sometimes Ld. Chief Justice of the King's Bench viz. his Book of Reports Co Lit. Sr. Edw. Coke's first part of his Institutes upon Littleton Fi. M. Hen. Finch Apprentice del Ley. P. Pl. Plow Mr. Plowden's Commentaries Ras. or Rast Rastals Abridgment oâ— the Statutes Lib. Intr. The Book of Entries Cr. Cro. or Crom. Cromptons Justicâ— of the Peace P. Po. or Pol. Mr. Polton's Abridgâ—ment of the Statutes P. R. Mr. Polton deâ— pace Regis B. A. Sr. Francis Bacon his Elementâ— of the common Law B. A. V. his use oâ— the Law Resol of the Judges Resolution of the Judges of Assize Anno 1633. to certain Queries Wing Wingates Abridgment of the Statutes As for the Statutes cited I conclude they are easy to be directed to by what is set down from the Names of the Kings and Queens as 2 R. 2. the Second of Richard the second 6 Hen. 7. the sixth of Henry the 7. P. M. Philip and Mary El. or Eliz. Queen Elizabeth Jâ—c or Jacobi I. King James the first and so of others For where there have been more Kings of a Name than one the figure is set down to distinguish that King in what Reign the Statute was made from the rest as Edw. 1. Edw. 2. Edw. 3. Edw. 4. The Experienced Justice of Peace In Respect to his Power in and out of Sessions in many Cases of great Importance useful for Justices their Clerks and others CHAP. I. The Antiquity of a Justice of the Peace his Power and what he may do the Execution of his Office in many material Cases THE Power of a Justice of the Peace is very great and is a main Propp and Pillar of good Government in taking Care to prevent and Punish Offences whereby the Peace is Conserved and Men maintained in their Rights and the Possessions of their Goods and Chattels c. peaceably whereas were there not such Over-awing Magistrates Offenders would be Imboldened to make more frequent Depredations and Strength and Violence would seize upon what the Weaker could no ways defend against them were not the Law by this means very much their Aid and Safeguard This Office is of great Antiquity and has all along held up a venerable Esteem and Good-liking among the People who find great Advantage and Benefit by those so Commissioned being usually Men of Estates Discreet and Judicious capable of discerning Truth from Falsehood and to relieve the Injured and restrain Oppressors to punish Criminals and Discharge the Innocent and Faultless Justices of the Peace were Created 1 Ed. 3. Chap. 15. Dalt 6. Lamb. 10. But they were first named so by 36 Edw. 3. Chap. 12. A Justice of the Peace is a Judge of Record from whence called Justices and before 1 Ed. 3. they were called Conservators 3. Cro. 29 c. He may take Recognizance of Peace which none can do but a Judge of Record Lam. 186. Dalt 8. Crompt 196. a Num. 1. He is called Commissioner of the Peace by reason he is Authorized by the King's Commission so Custos Pacis or Keeper of the Peace the same with Justiciarius Pacis or Justice of the Peace And the Constitution of Justices of Peace is Inherent and Inseparable from the Crown Stat. 27. Hen. 8. And this Power cannot be Transferred 20 H. 7. His Warrant is not to be disputed by the Constable for any thing wherein he hath Jurisdiction of the Cause Dalt 8. Cap. 147. 6. c. In some Cases the Testimony of a Justice of the Peace is of as great Force and in some Cases greater than an Indictment of 12 Men upon Oath viz. In Case of Presentments of Highways Force Riot Dalt 9. Lamb. 65. A Justice of the Peace being Assaulted may Commit the Party so offending to prison Dalt 371. Lamb. 134. Crompt 68. a. If a Justice see one about to make an Affray and charge him to keep the Peace and he answers he will not he may bind him to his good Behaviour Dalt 294. A Justice of the Peace must proceed by Prescript of the Statute and Commission Dalt 22. Where the Statute referre to the Tryal to the Justice's Discretion it seemeth he may examin upon Oath Dalt 20. Every Justice of the Peace is a proper Conservator of Rivers within his County Lamb. 189. And Justices of the Peace at Sessions are of equal Authority Lamb. 385 c. Vide Crompt 122. a Nu. 33. If a Felon be brought before a Justice of the Peace upon suspicion though it appear to the Justice he be not guilty nevertheless he may not be set at Liberty but so that he may come to his Tryal Lamb. 233. Dalt 389. Cro. 40. b. Nu. 20. Otherways it will prove a voluntary Escape in the Justice for he is not to be delivered by any Man's Discretion Dalt 8. Lamb. 223. CHAP. II. What may be done by a Justice of Peace Ex Officio c. HE may Record a Demurrer upon Evidence Lamb. 539. He may give Day to the Party to bring in Records which is before other Justices which is Pleaded by way of Justification Lamb. 539. In Absence of the King's Attorney a Justice of the Peace may take Issue with one that Pleadeth a Pardon that he is one of the Parties Excepted Lamb. 540. A Justice of the Peace may take Money for the Security of the Peace in deposito where Bail cannot be procured and which upon the Party so depositing the Money breaking the Peace shall be forfeited to the King Just Berkley 1 Cro. 446. If upon supposing an Indictment to be void the Justices have discharged the Prisoner paying his Fees yet upon change of their Opinion they may stay him any time before Judgment Lamb. 540. Justices of the Peace may inquire of all manner of Felonies at the Common Law or given by any Statute and of all manner of Trespasses against the King's Peace and such Trespasses wherein Actions of the Case will lye for Trespasses or Deceit and in the end of the Writ grounded upon the Case It is contained Contra Pacem nostram Crompt 8. a. Num. 25. Defaults against the Statute of 3 Hen. 6. Chap. 11. For Levying of Wages for Knights of the Shire are to be heard and determined by Inquiry for the King or Action for the Party before the Justice of Peace Lamb. 512. A Justice of the Peace has no need to shew his Commission by which he is made Justice of Peace when he Justifieth the doing of any thing as a Justice for he is Justice of Record and the Commission remaineth with the custos Rotulorum of the same County and he is called by Commission in open Assize or Sessions Crompt 120. b. Nu. 13. Lamb. 387. A Justice of Peace may have his Action of the Case against the Party that calleth him false Justice of the Peace it also
seemeth that he may be Indicted for they may inquire of all Trespasses where a Man may have his Action of the Case Crompt 121. a Num. 21 and 122. a Num. 29. A Justice of the Peace Certifying into the King's-bench that such a one broke the Peace in his Presence the Party shall be put to his Fine without a Traverse to the same Cromp. 132. a. A Justice of the Peace who is of the Quorum ought to be Resident in the County where he is a Justice of the Quorum 2 Hen. 5. Chap. 4. Cromp. 122. a. Num. 32. The Justices at Newgate sit by Virtue of 2 Commissions Goal Delivery and Oyer and Terminer 4 Eliz. Chap. 2. And where the same Persons are Justices of Goal Delivery and Oyer c. They may sit the same Day and Place and inquire by the same Jury yet the Entry of the Records must be several as the Indictment is Dalt 168. A Justice of the Peace commandeth one by his Precept under Penalty of 10 l. to be at the Quarter Sessions next ensuing it and he appeareth not no Scire Facias shall go forth more than if there had been a Subpoena however it seemeth he shall be Attached to be at the next Sessions upon Contempt Cromp. 123. a. Num. 9. CHAP. III. What one Justice of Peace may do by Power and Virtue of his Commission without requiring to be joyned with another or more in Acting in what relates to his Office HE may cause all such as are fit to Work in Harvest or Hay-time and after Licence them to go unto any other County He may Rate the Prizes of deceitful Malt to be sold by 2 Edw. 6. 10. He may compel one fit in his Discretion to be bound Apprentice by 5 Eliz. 4. He may it seems give Directions to Watchmen Keepers and Searchers of infected Persons Crompt 126. b. He may cause to be Whipped Trespassers in Orchards Corn Hedges or Woods not able to give any Satisfaction And it seems he may hear and determine by Examination or otherways by his Discretion the Offences committed in Tile-making One Justice of Peace may command Vagrant Persons to Prison if they will not serve He may upon his View of forceable detainer Record it by 15 Rich. 2. Chap. 2. Dalt 81 82. He may Punish Deceit in Cloth by Tenters c. He may cause High-ways to Markets to be enlarged and cleansed of Trees and Bushes 13 Edw. 1. Chap. 5. He may Punish Keepers of Places for unlawful Games and the Players at those Games He may Punish Prophane Swearing in his Presence made out by Testimony or Conviction by the Party 's own Confession He may Punish Offences in Watermen and Transporters of Corn. He may Punish Defaults of Collectors of Sheriffs Amercements and of Bayliffs of the Hundreds Soldiers that Purloin their Horse or Harness He may prevent a Riot stay it and Commit them that are concerned in Acting of it One Justice of the Peace upon Complaint may Commit till the Assizes or Sessions any Popish Recusant Convicted above 18 Years of Age under the Degree of a Baron so for refusing the Oath of Allegiance 7 Jacobi 1. Chap. 6. He may cause to be set in the Pillory in the next Market-town Persons Convicted of Breaking the Assize of Fuel and not able to pay the Forfeiture with a Billet or Faggot bound to his Body 7 Edw. 6. C. 7. Quaere whether one alone can Commit him He may cause an Unlicensed Ale-house-man openly to be Whipped after Conviction where there is no sufficient Distress to pay the Penalties 3 Caroli 1. 3. He may upon View or Proof by two Witnesses Warrant the Levying 20 l. Forfeiture for an Unlicensed Ale-house to be given to the Poor One Justice may demand the Peace against an other Man Lamb. 81. And he may Punish Persons going or riding Armed contrary to the Statute of 2 Edw. 3. A Justice may inquire of Felo de se hid or cast into the Sea where the Coroner cannot have the View of the Body 3 Inst 55. And he may send Writs for Fugitive Labourers by 2 H. 5. C. 4. St. 1. He may take an Information out of the County against an Offender in the County 1 Cro. 213 So a Recognizance to Prosecute by Assent of the Parties out of the County but cannot use Coercive Power Ibid. A Justice of the Peace Inhabiting in the Hundred where one was Robbed may if he be at York or London take the Party's Oath being but an Examination and no Act of Jurisdiction A Justice of Peace in London ought to send Felons to the Common Goal not to the Counters 1 Co. 120. He may take an Indictment of Barretry without a special Commission 2 Cro. 32. A Justice in open Court may alter the Panel or a Jury Sworn only for the King 2 Co. 59. One Justice of the Peace is sufficient to certify carrying of Corn from one Place to another to sell against the Statute of Fore-stalling joyned with the Customer He may Bind a Cheater to his good Behaviour c. Dalt 63. 7 Jacobi 1. He may Convict of Drunkenness by 12 Jacobi 1. C. 7. He may Seize the Goods of Gipseys within a Month after their Arrival c. By the 22 Hen. 8. C. 10. He may Record a Riot in his View and Commit the Rioters or bind them to their good Behaviour but single or alone proceed no further Dalt 195. He may punish Spoilers of Fish-ponds and cause their Nets to be cut and burnt 17 Rich. 2. He may take the Claim of a Horse Stolen 31 Eliz. 12. He may Examine and Bind over unlawful Hunters in the Night time c. 1 Hen. 7. C. 7. The like of taking or killing Conies in the Night-time 22 23 Caroli 1. He may compel a Vintner to draw a Man Wine who demands it and offers Payment 24 Hen. 8. Dalt 242. He may Convict of the Breach of the Lord's day against Stat. 29 Caroli 2. And may allow of Cause for Travelling in a Boat on the Lord's-day according to the said Statute CHAP. IV. The Power of two Justices of the Peace Acting joyntly within the Compass of their Jurisdiction by Virtue of their Commission and Office c. TWO Justices of the Peace upon View of a Riot or Rout may Record the same and with the Sheriff or under Sheriff 13 Hen. 4. C. 7. Crompt 16. Num. 9. to inquire by a Jury and fine the Rioters Dalt 195. Quaere Two Justices on Complaint that a Servant departed before his Term ended c. Are to Examine and Commit if they see Cause See more of Labourers and Servants of a Constable c. They may Bind one to the Quarter-Sessions to Answer his Offence against a Penal-law Lamb. 187. Vide Dalt They may Allow and discharge an Ale-house-keeper at Discretion There must be two Justices of the Peace for appointing Overseers for Woolen-cloth for a Year c. So to convene Persons fit to discover any Offence in the
Wrongs CHAP. VII What Six Justices of the Peace Conjunct in the Execution of their Office may do c. SIX Justices one being of the Quorum may Execute the Laws of Commissioners of the Sewers Dalt 219. They may appoint a Common-goal for the Sheriff to have the Custody of it 13 Hen. 8. Six Justices in Commission of the Peace with the Justices of Assize by 12 Rich. 2. C. 1. Eight Justices of the Peace beside the Lords by 14 Rich. 2. c. 11. So two Lawyers in every County 18 Edw. 3. c. 2. The greatest part of the Justices of the Peace to order the House of Correction in every County The greatest part to Tax other Parishes for the Poor where there is an Insufficiency in the Parish or Hundred 43 Eliz. c. 2. So to employ the Overplus of the Maimed Soldiers Stock to the Use of the Poor 43 Eliz. c. 3. And to Tax for the Relief of Maimed Soldiers So to Accounts of Treasurers for Maimed Soldiers 43 Eliz. c. 3. CHAP. VIII What is to be considered and meant by the next Justice in a County c. THE next Justice may License Mariners to Beg having been Shipwracked 39 Eliz. c. 4. Lamb. 303. Dalt 209 227. Where the Statute ordereth the Justice most nigh to do Execution c. As in 13 Hen. 4. Of Riots under the Penalty of 100 l. for Forfeiture he is excused if another Justice not next do the Office He may chuse Fishermen to be Mariners by the King's Commission 5 Eliz. c. 5. Lamb. 359. Dalt 139. The next Justice is to send a Prisoner to a Work-house c. 30 Caroli 2. CHAP. IX Of certain Forfeitures by Statute given to 8 Justices of the Peace FOR every Day he sits upon the Statute of Labourers not exceeding 3 Days 5 s. So the Mayor or Head Officer in Corporatins c. Out of the Fines arising on the Stat. c. For every Day which Sessions is kept which may be 3 Days they shall have out of the Fines coming to the Sheriffs Hands by reason of the Sessions 4 s. and their Clerk 2 s. Two Justices of the Peace shall have a part of defective Cloth Seized and Forfeited 5 Edw. 6. Lam. 359. Justices who examine Offences of Deer-Hays and Buck-stalls shall have the tenth part of Forfeiture 19 Hen. 7. c. 11. CHAP. X. The Fees of Justices of the Peace or such as they ought to take in the following Cases according to Crompt 176. a. and Dalt 78. FOR a Recognizance of the Peace 2 s. For a Recognizance to Bail a Prisoner 2 s. For a Supersedeas of the Peace 2 s. For a Warrant of the Peace Sealed 2 s. For a Release of the Peace 2 s. For a Warrant not of the Peace 4 d. For a Recognizance of an Ale-house-keeper 12 d. For the Inrolment of a Deed the Land not exceeding 40 s. per Annum To the Justice one Shilling and to his Clerk one Shilling But if the Land exceed 40 s. then 2 s. 6 d. to the Justice and the like to his Clerk CHAP. XI Where a Justice of the Peace lies liable to be Fined for Neglecting or Transgressing in his Office or Duty c. IN the Case of Bailing one not Bailable and refusing to Bail one Bailable and Detaining him he lies liable to a Fine and to pay double to the Prisoner 3 Edw. 1. C. 15. 23 Hen. 6. C. 10. In the Statute against Riots if he does not Execute it he is Finable 100 l. 13 Hen. 4. So in that of forcible Entry 10 l. 8 Hen. 6. In neglecting to take Order about a House of Correction 5 l. to go towards the building it 1 Jacobi 1. C. 4. Exercising his Office before the Oath taken Dalt 14. For not being present at the Annual Tax of Servants Wages 10 l. 5 Eliz. c. 4. If a Justice of the Peace does not in 40 Days certifie unto the King's-bench Presentments of Extolling the Pope's Power he forfeits 100 l. 5 Eliz. C. 1. For Imbeseling wilfully Raising maliciously Inroling an Indictment not found changing an Indictment of Trespass into Felony is Fine and Imprisonment and loss of Office Lam. 631. CHAP. XII Where a Justice of the Peace lies liable to Punishment HE may be Imprisoned for taking Bond in his own Name and not in Domino Regi the Matter concerning the King 33 H. 8. C. 9. For Conspiring with another to Indict a Stranger at the Sessions otherwise as a thing done by him as Judge Crompt 122. a. Num. 32. Where a Justice fails to do Justice he may be put out of Commission and Punished 4 Hen. 7. C. 12. Crompt 120. H. Num. 6. Lam. 370. So for refusing to take Surety for the Peace when it is Tendred Vide Crompt Jurisdiction of Courts 31 B. For Embeseling and Rasing Records he forfeits his Office and may be Fined Vide antea CHAP. XIII Some Directions in making out or granting Warrants by a Justice of the Peace and how to be Executed A Warrant in Writing must be under the Justices Hand and Seal his Hand at least Dalt 460. Lamb. 85. 88. However it is better if it be Sealed as the usual way is Dalt 460. A Warrant of the Peace or good Behaviour must contain the special Matter Dalt 460. Lamb. 87. A Warrant for Treason Murder or such like capital Offence need not contain the special Matter or Cause Dalt 160. Crompt 148. a. If a Justice of the Peace being out of the County Grants his Warrant to be served in the County the Officer making the Arrrest must carry the Party before some Justice of the Peace within the County Lamb. 91. Dalt 461. A Justice of the Peace may make his Warrant to come before himself yet in a Warrant for the Peace the usual manner is otherways Co. 5. 59. Dalt 461. Upon a General Warrant an Officer may chuse to go before what Justice he pleases Dalt 49. 5. Co. 59. B. If a Justice of the Peace make a Warrant beyond his Authority it is not disputable by a Constable or other Officer but must be obeyed unless it be to do a thing out of the Justices Jurisdiction in a Cause where there is no Judge for if in this latter Case the Officer Execute the Warrant he is punishable Dalt 8. 465. Lamb. 65. Crompt 147. B. Lamb. 91 92. Dalt 865. A Warrant directed to two joyntly to Arrest a Party he may be Arrested by either of them A Warrant made in the King's Name ought to be made to all Ministers as well within Liberties as without Dalt 355. Warrants may be made either 1. in the Name of the King or 2. in the Name of the Justice and either of them must be testified by the Justice from whom they Issue or 3. without stile by Superscription of the Justice Dalt 385. See more of Warrants in the Office of Constable in this Book and how they are to be Executed Sessions held by one Justice of the Peace is not good though
it were Summoned by two and Stiled by their Names but two sufficient Justices Warrants Sealed Quorum c. Vide Dalton c. Quarter Sessions are to be held 4 times in the Year viz. The first Week after St. Michaeâ— The Epiphany the close of Easter and after the Translation of Thomas the Martyr which is July 7. 2 Hen 5. Chap. Lamb. 597. Dalt 531. Justices of the Peace shall hold their Sessions 4 times in the Year viz. One within the Octaves of Epiphany the second in the second Week of Lent the third between the Feasts of Pentecost and St. John Baptist the fourth within the Octaves of St. Michael 36 Edw. 3. Chap. 12. Dalt 531. Crompt 123. B. Nu. 15. c. The place where Sessions is to be held is Arbitrable and therefore though by Summons they are to be kept in one place yet they may be kept in another but then there can be no Amercement for Default of Appearance Lamb. 383. 384. But they must be kept within the County Dalt 531. So in a Town Corporate but not to intermeddle Two Sessions at one time for one County Lawfully Summoned at two Places are good but Appearance at one shall excuse the default of an Appearance at the other and Presentment taken before either of them shall stand good Lamb. 384 But Punishable without notice At a General Sessions all Matters Enquirable by Justices of the Peace either by Statute or their Commission ought to be given in Charge otherwise at special Sessions Lamb. 613. And may be held 3 Days 606. 12 R. 2. Chap. 10. At the Quarter Sessions Officers and Ministers of the Court and Jurors of the County owe their Attendance Lam. 386. Jurors not appearing according to Summons are Punishable for loss of Issues the usual part of Estreats Constables making Default are Fineable The Justices of the Peace if need require may keep a special Sessions by Virtue of their Commission or by the Statute 1 Hen. 5. Chap. 4. Lamb. 623. All Matters within the Commission or Statute may at a special Sessions of the Peace be given in Charge yet they are at liberty to give in Charge either all or any of them Lamb. 623 624. If two Justices of the Peace one being of the Quorum make a Precept to the Sheriff for the holding a Sessions at such a Place and Day and to return a Jury before them other Justices cannot by their Supersedeas Inhibit it Crompt 126. B. But the King by his Writ of Supersedeas may Discharge it Ibid. All that come to the Sessions for publick Service or upon Compulsion upon Complaint and Examination of the Matter upon Oath shall be freed from any Arrest upon Original Process Lamb. Cro. 190. B. Lamb. 402. Indictments are many times Tried the same Sessions wherein the Persons were Indicted yea the same Day before Justices of Goal Delivery or Justices of Oyer c. Dalt 537. 1 Cro. 315 438 448. But in Case of Felony it seems very reasonable to be deferred to the next Sessions upon Cause shewn it being so in an Indictment of Nusance generally and life is more to be valued and favoured c. Dalt 537. Many things of great Import cannot be done but at the Sessions and some but at such a particular Sessions Dalt 537. Of the first sort are the Discharge of Apprentices Ill-used Badgers Licensed Officers Sworn after the Sacrament received proved and declaring against Transubstantiation c. Dalt 538. The second is taking Accounts for Maimed Soldiers of the Treasurers and for Charitable Uses c. 43 Eliz. in Easter Sessions the Rates of Wages in Easter Sessions and 6 Weeks after Dalt 538. Making Order in the Chamber after the Adjournment of the Sessions as for the Bastard-Children and Settlements and some other Things and Matters But not to be tedious to the Reader I shall hear close Treating of Matters of this Kind and proceed to others Executed CHAP. XIV Of Mittimus's and their Form and what is to be considered in them c. A Mittimus must contain the name of the Party or Parties his or their Offences and the time of Imprisonment that it may appear whether the Prisoner be Bailable or not Lamb. 297. Dalt 439 406. Crompt 153. A. Num. 11. If one be Committed without Bail or Main-prise and the Cause be expressed in the Mittimus and yet is Bailable other Justices may Bail him yet Quaere seeing their Authority is equal Dalt 439. But if no Cause be expressed other Justices shall not do well to Bail him without the Privity of the first Justice or Justices because the Cause of Commitment probably may not be Bailable Dalt 439. If the Mittimus be General the other Justices that Bail must take notice at Peril Ibid. There is a Writ called a Mittimus for removing Records of Outlawry Judgment in the King's-bench c. Unto the common Place or an Act of Parliament unto the King's-bench c. See of this 1 Cro. 134 298. Hob. 111 135. The Form of the Mittimus see To send Rioters to Goal Lamb. 321. To send Shooters in Pieces to Goal 229. Dalt 515. To send upon Forcible Entry c. Lamb. 150 520. To send to the House of Correction Dalt 513. To send an Ale-seller without License Dalt 512. To send a Reputed Father of a Bastard Ibid. CHAP. XV. Of Recognizances what they are and how and in what Cases to be taken by a Justice of the Peace c. A Recognizance of a Bond of Record Testifying the Recognizor to owe a certain Summ of Money to some other and that Acknowledgment of the Summ is to remain of Record and none can lawfully take it but a Judge or Officer of Record Dalt 457. Every Recognizance taken by a Justice of the Peace must be made by these words Domino Regi and great Care to be had in so doing for it is Imprisonment for any Person to take it otherwise For these Words Domino Regi import and Imply the Recognizor is bound to our Lord the King and not to any other 33 Hen. 8. Chap. 9. Crompt 196. B. Num. 11. Lamb. 162. Dalt 276. Sureties in Recognizance ought to be Subsidy Men and they must be two besides the Party himself Dalt 276. Lamb. 101. It is in the Discretion of a Justice of the Peace if he take a Recognizance Ex Officio to appoint the Number of the Sureties their Sufficiency in their Goods and Lands and the Summ of Money and how long the Party shall be bound Dalt 275. Lamb. 100. Recognizance for the Peace unless the words be expressed for keeping of the Peace seemeth void Lamb. 103. Dalt 204 276. Coram non Judice So it is if a Recognizance be that the Recognizor shall not Beat or Maim B. without the Expressing the keeping the Peace in it Ibid. A Recognizance expressing no Time of Appearance but generally to keep the Peace is good Ibid. And so these few may serve to give a Light into others for
they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
of 8 Years c. That the said R. B. pay to the Overseers c. Five Pounds towards putting out the said Child to be an Apprentice c. Fourthly That the said R. B. presently give good Security to one of the Overseers c. To perform this our Order ☞ Note that by altering the Names and Sum as the Order in that Case shall be made This Order in Form with the Variation of the Town and County may generally serve on this Occasion The Form of a Warrant for a Fugitive Servant Middlesex To the Sheriffs c. Whereas G. C. being Lawfully Retained in Service with M. B. of D. c. is departed from his said Master's Service before the end of his Term without his Master's Leave or License or without any reasonable Cause contrary to the Laws and Statutes of the Realm in this behalf provided These are therefore to Command you and every of you that you or some of you do Attach the Body of the said G. C. and bring him before me or some other of His Majesty's Justices of the the Peace to find sufficient Sureties well and faithfully to serve his said Master according to the Covenant between them made And if he shall refuse thus to do that then you cause him to be conveyed safely the Common-goal of the County aforesaid there to remain till he shall be willing to do the same and see you certifie such your Doings at the General Quarter-Sessions of the Peace to be held for the said County Given under the Hand of me W. S. one of His Majesties Justices of the Peace within the said County Dated c. Or thus That if the said G. C. is willing his said Master to serve again you do cause him to be delivered and if that to do he shall refuse that then you cause him to be conveyed to the Goal c. To Bind one to give Evidence Surrey To the Constables of B. c. These are in His Majesties Name to Charge and Command you or either of you that immediately upon sight hereof you or some of you do cause to come before me or some other of His Majesties Justices of the Peace for the said County the Persons hereunder named to the end that they and every of them may be bound to make their Personal Appearance at the next General Goal delivery or Quarter-Sessions to be holden for this County then and there to testifie their and every of their Knowledges concerning certain Felonious Acts committed by one C. D. now Prisoner in the Marshals's Prison in Southwark the Common Goal for the County aforementioned and hereof fail not at your Peril Dated c. The Form of a Hue and Cry after Robbery c. To all Constables and others His Majesties Officers as well within the County of Warwick as elsewhere within the Realm of England Whereas Complaint hath been made unto me T. C. Esq one of His Majesties Justices of the Peace within the County of Warwick by J. C. of D. c. Grasier that upon Wednesday Night last being the 18th of October Instant he was Robbed of one Hundred Pounds in Monies numbred by two Foot-padds on the Road or King's High way between D and C. in the Day time and hath Cause of Suspicion of A. B. and C. B. two Lewd Rogues Here describe their Persons and Apparel Setting down all such Marks as they may be known by These are to repaire you and every of you to make Search within your several Precincts for the said A. B. and C. B. And also to make Hue and Cry after them from Town to Town and County to County and that as well with Horsemen as Foot-men and if you shall find them the said A. B. and C. B. both or either of them That then you carry the Party or Parties so taken before some one of the Justices of the Peace within the County where he or they shall be taken by him to be dealt with according to Law c. ☞ And thus you may do putting one two or more Names in according as the Case requires whether a Robbery on the High-way or a Felony and Burglary committed in a House or such like in Barns Stables Out-houses Stealing of Horses or other Cattel always describing the Parties in the Hue and Cry So that they may be known as also the things taken that if the whole or any part be found about them or in their Possession the may be known and brought as a Testimony against them upon Examination The Form of a Warrant to Attatch a Felon or for Felony Essex To the Constables of D. c. Forasmuch as Complaint hath been made unto we by W. W. That of late he hath had certain Gods Feloniously taken from him and that he hath in Suspicion one L. C. of your said Town These are therefore to Will and Require you and in His Majesties Name straitly to Command you and every of you that immediately upon the receit hereof you do Attatch the Body of the said L. C. and thereupon to bring him before me to Answer the Premises and hereof fail not at your Perils Dated c. CHAP. XX. A Warrant for the Overseers of the Poor to give up their Accounts Surrey To the High Constable of the Hundred of B. c. These are in His Majesties Name to Charge and Command you forthwith to give notice to the Church-wardens and other Overseers of the Poor of every Parish within your Hundred that they do Personally appear before us at Kingston upon Thames at the Sign of the Swan on Thursday the 29th of December next coming by 10 of the Clock in the Morning or Forenoon of the same Day to yield up and make a true and perfect Account in Writing Subscribed with their Names or Marks of all such Summs of Money as they have received or Rated and Sessed and not received for and towards the Relief of the several Poor of their several Parishes and also of such Stock to set the Poor on Work as is in their Hands or in the Hands of any of the said Poor and of all other things concerning the said Office and hereof that they fail not at their and every of their Perils And further we require you that you give warning to the Petty-Constables of every Town within your said Hundred that they or one of them be also then present before us to Inform and Certifie us of the Names of such other Persons as are meet and fitting to be Overseers of the Poor within their several Towns for this Year next ensuing and hereof fail not at your Peril ☞ Note that this Warrant must be under the Hands and Seals of two Justices at the least the one to be of the Quorum◠The Form of a Warrant to the new Overseers to take their Charge Middlesex To the Overseers of D. c. By Virtue of a Statute made in the 43 Year of the Reign of our Sovereign Lady Queen
Court to the Grand Jury when they are to Enquire c. You shall diligently enquire and true Presentment make of all such Matters Articles and Things as shall be given you in Charge as well as of all other Matters and things as shall come to your Knowledge touching this present Service The King's Council your Fellows and your own you shall keep secret you shall Present no Person for Hatred or Malice neither shall you leave any one Unpresented for Fear Favour or Affection for Lucre or Gain or any Hopes thereof but in all things you shall Present the Truth and nothing but the Truth to the best of your Knowledge So help you God And now from what has been said it appears that this Important Office is Branched twofold The first is to preserve the Innocent from the Disgrace and Hazards which by Malice or any sinister Means they may be brought into for by the express Words of the Statute of 25 Edward the Third c. 3. and the 43 Edward 3. c. 3. it is said That for preventing Mischiefs done by false Accusers none shall be put to answer unless it be by Indictment or Presentment of Good and Lawful People of the same Neighbourhood where such Deeds be done and this no doubt may be taken to Imply a Grand Jury The other Branch is to enquire after and give Notices of all Nusances Offences Crimes and the like in the County for which they serve that so Offenders may be brought to Trial if they are forth coming or if fled from from Justice may be proceeded against upon the Outlawry and so Criminals Punished according to their Demerit A Grand-jury or Petty-jury where there is no Witness against the Prisoner for the Crime he stands Indicted for yet knowing him guilty of their own Knowledge may find it accordingly and this especially in the Petty-jury appears pretty plain by the Words spoken to them by the Court for if no Witness appears the Court thus speaks to the Jury or to this Effect Gentlemen of the Jury here is L. C. stands Idicted of such a Crime naming it and there is no Witness come against him So unless you of your own Knowledge know him Guilty you must Acquit him But where there is Evidence the Grand-jury must Industriously Examine the Evidence for the King and the Petty-jury must have the Prosecutor and his Evidence if he have any beside Face to Face with the Prisoner and patiently hear what can be Alledged in charging the one and the others defending himself and deliberately weigh the Matter and may pray the Court to ask such proper Questions of the King's Evidence and of the Prisoner and his Evidence as they think fit for their better Satisfaction and sifting out the Truth of the Matter and to Judge of Matter of Fact according to their Evidence as in their Consciences they shall believe and where a thing is doubtful to them that they cannot well Determin they may find it Special and leave it to the Determination of the Judges and so acquit themselves where such Doubts or Scruples shall arise of falling into an Error in Points of Law of which the Jurors are not held proper Judges but where it so requires must leave it Special And thus having spoken mostly in Generals I now come nearer to Particulars which may briefly give a further Light into these weighty Matters that Men Warned upon a Jury and Empanalled may be prepared a little to know what is Requisit in so great a Charge and Trust CHAP. XXVIII Several Material Things to be known relating to Jurys as the Law directs and according to the Opinion of the Learned Lawyers JUries both for Enquiry and Trial ought to be Probi Legales Homines Lamb. 396. Jurors must be inhabitants or Free holders within the County to the value of 4 l. per Annum by 27 Eliz. 6. But in Cities and Burroughs to the value of 40 l. in Goods Lamb. 396 397. Juror 70 Years Old or Decripid must serve if returned by the Sheriff if the Justices will have him to serve but he may if he will Sue the Sheriff upon the Statute of Westminster 2. Chap. 38. Lamb. 397. A Jury of Denizens is good where a Party is Extraneus unless he pray a Jury per meditatem Linguae 3 Cro. 869. Where a Baron is Sued a Knight must be returned on the Jury ibid. Jurors for the Trial of Indictments within the County Palatine of Lancaster must have five Pounds per Annum ibid. Jurors must not be nominated by any but the Bailiffs as well in Inquisitions before Coroner as Indictments before the Justices of Peace 1 Cro. 134. Jurors Exempted by Charter with the Words Licet Tangat nos are to be Discharged upon Appearance shewing it to the Sheriff but when there is want of sufficient Jurors no Exemption can discharge Stat. West 2. Chap. 38. Lamb. 197. If the particular Juries for the Hundred cannot be supplyed by those of the Hundred it is better to take Tales de Circumstantibus of another Hundred than to be renewed with a Tales from one Sessions to another Lamb. 398. A Jury of one Hundred may present an Offence done in another Hundred Lamb. 399. Justices may Command the Sheriff to alter the Panel and he upon Refusal forfeits 20 l. ibid. 3 Hen. 8. Chap. 12. All Jurors ought and must be Sworn otherways their Presentments are void but the Record being that all the Jurors were Sworn the Presentments are good though all be not Sworn Lamb. 399. Jurors may be Amerced for refusing to Present being Sworn 8 Co. 39. a. A Juror after he is Sworn upon sufficient Cause appearing may by the Justices be removed Lamb. 400. Jurors of Enquiry must be twelve as I have already said but they may be more and usually they are an odd Number tho' 12 of them Agreeing the Presentment is good and an Indictment may be found Lamb. 400. Juries of Inquiry ought not to be Committed to a Keeper nor kept without Victuals nor carried out of the Town but may be Ajourned to another Place to give up their Verdict Lamb. 400. Jurors wilfully concealing Offences Presentable and which be complained of by Bill may be enquired of by Persons whereof every one may spend Forty Shillings per Annum and such Concealment being found within a Year after every Juror shall be Amerced in open Sessions 3 Hen. 7. Chap 1. Lamb. 410 401. No Juror to be returned without an Addition whereby he may be known 27 Eliz. Chap. 7. Lamb. 432 Jurors that discover what they have done are Fineable Lamb. 402. And in Case of Treason or Felony it hath been Adjudged Felony Dalton 377. Jurors taking any thing to make a favourable Presentment shall be Imprisoned and Ransomed Lamb. 441. Crompt 84. a. 5 Edw. 3. Chap. 10. 1. Persons Attainted in Conspiracy 2. Attaint by Verdict 3. Decies tantum 4. Concealment 5. Subornation of Perjury these on a Jury are not Probi and their
Constable may resist the Affrayers after Proclamation made to depart and compel them to it by force and if he or any of his Assistance be Wounded they have their Remedy by Statute and Common-law and if Killed or Dying of their Wounds it is Murther in the Affrayers Lamb. 135. 1 Hen. 7. 7. 3 H. 7. 10. If the Affrayers be in a House the Doors locked or bolted the Constable may break them open to part the Affray and keep the Peace though none have taken hurt and if they fly into another House the Constable upon fresh Pursuit may break into that House to apprehend them and so till they shall be taken Lamb. 125. 7 Edw. 3. 19. If any be dangerously hurt in an Affray though the Constable be not present at the Affray yet may he seize the Offenders and carry them before a Justice of the Peace who is to require Sureties of them or the Wounds being supposed Mortal to commit them to Prison till it be certified by Chyrurgeons or Physitians wheâ—her the Pa ty will live or Die Dalt Just P. c. 8. Fol. 33. After the Affray is over the Constable not being present at it cannot seize them without Warrant unless some one be dangerously Wounded and much Blood drawn If Affrayers escape into an other County or Franchise a Constable upon fresh Pursuit may seize them there and carry them before a Justice of the Peace of the same County to find Sureties for the Peace but then he must see the Affray All Contests aâ—e not properly Affrays for to make it such there must be some Blows given or offered to be given for hasty Words will not warrant an Affray unless they threaten to Beat Kill or Wound one another and in such Case a Constable may Apprehend the Offenders and carry them before a Justice to find Surety for the Peace and yet such threatning Words are not properly taken for an Affray Dalt Just P. c. 8. Fol 34. 38. Hen. 8. CHAP. XLV The Constables Office relating to Arrests or Escapes of Prisoners Felons c. UPon a Constable or any Swo n Officer of the Peace having Arrested a Felon or taken any Person into Custody on Suspicion thereof and he is conniving at his Escape or giveth him leave to go out of his Custody at Liberty so that he does escape it is no Felony in the Prisoner but it lies upon the Constable and he must Answer for it but if the Prisoner accidentally escape without the Constable's Consent he is then Guilty of Felony and the Constable Finable for his Negligence If a Constable by his Negligence let a Prisoner in his Custody have Opportunity to make away with himself by Stabbing Drowning or any violent Death he is Fineable Dalt Just P. c. 1 6. Fol. 272. Where a Felony is committed and one is taken by a Constable on Suspicion of committing it though afterward the Constable be very well satisfied he is innocent yet may not he discharge him without carrying him before a Justice of the Peace for being once taken into Custody he must be delivered by due course of Law nor may a Constable suffer the Compounding any Felony for if it be done after he Arrests the Party or before he is to declare his Knowledge of such Compounding before the Justice or for Conniving to Extenuate the Fact and set the Prisoner at Liberty he is Finable and some hold he may be brought in as an Accessary A Constable may use all lawful Means to secure his Prisoner as setting him in the Stocks or putting Irons on him if he be Unruly till he can carry him before a Justice or Pinion his Hands behind him with Cords to prevent his Escape in carrying him thither or to Prison If the Goaler will not receive a Prisoner of a Constable where he is lawfully committed he must not however let him go but bring him back to the Town or Village where he was taken or where the Constable dwells and the Town where he was taken shall be at the charge of keeping him until the next Goal Delivery to be raised by way of Tax amongst the Inhabitants if the Prisoner has no Mony or Goods to defray it and in such Case the Goaler shall be Punished by the Justices in their Sessions or Assize for his Refusal and Contempt If there be much Charge in carrying a Prisoner to Goal the Inhabitants where he was taken may be obliged to contribute to it to be Levyed by such of the principal Inhabitants as shall be thereunto appointed at their Discretion CHAP. XLVI The Office of a Constable c. In Relation to Hue and Cry and how he must discharge his Duty therein WHen a Hue and Cry is Levyed and Issued out whether for Robbery Murther c. when it comes to the Hands of a Constable Headborough Tythingman c. They must forthwith make diligent Search in all suspected Houses Barns and Out-houses and other Houses at their Discretion and all Places within their Liberty or Precincts and have Power to stop any Suspected Persons as in Search or Pursuit they shall find or suspect to have done the Fact comparing him or her or their Horses with the Description given in the Hue and Cry and if Cause be found to carry the Party before the next Justice of the Peace in the County where taken there to be strictly Examined where he or they were at that time of the Fact committed and for the neglect of this Duty the Officer lies liable to be Fined by the Justices in Sessions and search being diligently made must without delay send it to the next Constable or Officer of the Peace unless the Party or Parties be taken who are known to have committed the Fact mentioned therein Dalt Just P. c. 28. Fol. 75. Where a Robbery is committed in a Hundred and the Hundred is sued for it though the Dammages are recovered against one or two of the said Hundred yet they are not to bear the Charge but the rest must proportionably contribute according to their Ability and two Justices of the Peace one to be of the Quorum dwelling in or near the said Hundred may set a Tax on every Parish within it and then it is the Duty of the Constable or Tythingman of each Parish to settle the Gross Tax proportionably on the Inhabitants in particular and may upon refusal of Payment make Distress and Sale of Goods delivering the Overplus on due Appraisement to the Owner and the Money so collected is to be put into the Hands of the Justices or some of them that made the Rate within Ten days after according to 27 Eliz. Cap. 13. c. If fresh pursuit on the Hue and Cry shall cease in any Hundred it is lyable to pay half the Dammages to the Hundred wherein the Robbery was committed to be recovered by Action in any of his Majesty's Courts at Westminster at the suit of the Clerk of the Peace for the County and though in the
High Constables of the Hundreds are every Year once in the Year at the General Sessions held for the Peace to present Popish Recusants for their Monthly Absence from Church and return the Names of their Children above Nine Years of Age being then with their Parents also their Servants together with the Age of their Children as near as they can compute or to forfeit 20 s. for every such Default which Presentments the Town-Clerks or Clerks of the Peace are to Record without taking Fees for them under a Penalty of 40 s. 3 Jacobi 1. Chap 4. Wingates Statutes Tit. Crown And if the Minister Petty Constable and Church Wardens of any Parish shall make a Complaint to the Justice of Peace that he or they suspect such a one to be a Popish Recusant but have no Proof of it then the Justice may tender the Party the Oaths in that case appointed and upon Refusal if above the Age of 18 he may commit the Party to Prison till the next Assize and then if again refused it is Premunire in a Man but a Woman Covert shall only suffer Imprisonment and remain without Bail till she take the Oath of Allegiance c. 7 Jacobi 1. Chap. 6. Wingate's Stat. Tit. Crown Dalt Just P. Chap. 45. Folio 108. By a Statute the first of William and Mary no Papist or reputed Papist refusing to make and subscribe the Declaration they are obliged to by the 30 Caroli 2. and the Oaths enjoyned in an Act for removing and preventing all Questions c. about the Assembling and Sitting of this present Parliament shall at any time after the 15th Day of May 1689 have or keep in his own Possession or at his Disposal any Horse or Horses valued above Five Pounds they are to be sold and that any two or more Justices of the Peace by a Warrant under their Hands and Seals may or shall Authorize any Person or number of Persons assisted by a Constable or his Deputy Headborough or Tything-man who are herein required to be Aiding and Assisting to search for and seize to the use of their Majesties and their Successors all such Horses above Five Pounds value as aforesaid And further note that upon any time a Proclamation being issued out to amove Papists at a distance from the City of London and Westminster other Cities and Towns Corporate the Constables by Warrant from the Justices of Peace are to make diligent search and give in the Names and places of Abode of such as stay beyond the time limited that so they may be prosecuted for their Contempt And note that ignorant persons may not be mistaken by bearing too much upon the Act made in the first Year of K. W. Q. M. for Exempting their Majesties Protestant Subjects Dissenting from the Church of England from the penalty mentioned in the 35 of Elizabeth and the 22 Caroli 2. It is thereby Enacted That all persons that take the Oaths and make and subscribe the Declaration therein mentioned shall not be liable to the penalty of the two former penal Acts against Conventicles However if any such Assembly of persons Dissenting from the Church of England meet for Religious Worship with the Doors Locked Barred or Bolted during any times of such Meeting together all and every such person or persons that shall come to and be at such Meeting shall not receive any Benefit from the new Law but be liable to all the Pains and Penalties recited in the Statute of 35 Eliz. and 22 Caroli 2. for such their close and concealed Meeting And further if any person differing from the Church of England a Protestant Dissenter shall be chosen to the Office of High Constable Petty Constable Churchwarden or Overseer of the Poor or any Parochial or Ward-Office any such person shall scruple to take upon him any of the said Offices in regard of the said Oaths or any other Matter or Thing required by the Law to be taken or done in respect of such Office may execute the said Office or Offices by a sufficient Deputy by him to be provided that will comply in taking the Oath c. and such a one as shall be well approved Note that the People called Quakers in Cases of Oaths may tender their Affirmation by Virtue of a late Act of His present Majesty King William the Third and that in Breach of such Affirmation they incur the Penalties as in case of Perjury CHAP. LI. A Constable's Office relating to such as shall disturb Ministers in time of Divine Service c. And what relates to Physicians TO keep Peace and Decency in Churches Chappels and such like Places of Divine Worship Note That if any one not having Authority to do it shall disturb a Preacher Lawfully Licensed Preaching Praying or at the Administration of the Sacrament either by entring into Dispute Humming Talking Laughing or any voluntary Disturbance in Ridiculing c. Any Constable or Church-warden of the place is Authorized immediately to Apprehend him or her so Offending and carry the Party before a Justice of the Peace of the same County who may commit the Offender to safe Custody and within six Days Conjunct with another Justice of the Peace examine the Matter and if it be evidently proved by two Witnesses Commit him or her to the Common-goal there to remain by the space of 3 Months and from thence to the next Quarter Sessions where upon the Offendors Reconciliation and entring into good Security for his good Abearing by the space of one whole Year he may be Released but upon standing in Contempt and remaining obstinate he shall be continued in Prison without Bail till Penitent 1 Mary 1. Sess 3. Chap. 3 Wingate's Stat. Tit. Sacraments c. And any one Rescuing such an Offender shall suffer the like Imprisonment and over and above forfeit 5 l. And the Inhabitants suffering such an Offender to escape upon Presentment before the Justices in their Sessions of the Corporation or County by the Authority aforesaid are liable to forfeit five Pounds In the City of London and seven Miles adjacent the Constables and other Officers are to be Assisting to the President of the Physitians Colledge in order to the due Execution of the Laws and Statutes belonging to the said College on Pain of a Contempt against the King's Majesty according to the Statute of 1 Mary 1. Sess 2. Chap. 9. Wingate's Stat. Tit. Physitians c. CHAP. LII The Duty and Office of a Constable in any Calamitous Time of Plague and Pestilence c. IF Persons Infected with the Plague be by the Constable commanded to keep their Houses and yet Contemptuously go abroad and Converse with other People then having the Plague Sore upon him or her it is Felony and if Infected and not having any Plague Sore yet for such Offence they are liable to be punished as Vagabonds by the Order or Appointment of a single Justice of Peace and further be bound to the good Behaviour for the space of one whole
of them or against the Owner of the Goods in case any after the Distress have been found to come to his Use or Possession by such means But note that in case any such Distress or Sale as aforesaid shall be made by Virtue or Colour of this Act for Rent pretended to be Arrear and due when in truth there is no Rent in Arrear or due to the person or persons Distraining or to him or them in whose Name or Names or Right such Distress shall be taken as aforesaid his Executors and Administrators shall and may by Action of Trespass upon the Case to be brought against the person or persons so Distraining or either of them his or their Executors or Administrators recover double the Value of the Goods and Chattels so Distrained and Sold as likewise full Costs of Suit Note that Hay Corn or any Grain are not to be hastily or wastfully removed from the Premises before due Appraisement and Sale to the damage of the Owner in scattering or wasting it c. CHAP. LXII What relates to the Office of a Constable in providing Carriages for the King c. ACcording to the Statute of 1 Jacobi 2. In this Case the Clerk or chief Officer of His Majesty's Carriages shall 3 Days before His Majesty's Arrival give notice to the Neighbouring Justices two or more of them by Warrant from the Green-cloth to provide such a number of able Carriages as shall be requisite for the Service to be drawn by 4 able Horses or six Oxen or four Oxen and two Horses to meet and be ready at the Time appointed to Load without delay and for so Loading they are to receive in Hand after the rate of Six-pence a Mile and not to be compelled to go above a Days Journey from their Habitations and the Carriages Summoned to give their Attendance on Default being Convicted of Neglect or Refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Justices of Peace of the County or Mayor or other Chief Officers of the City or Corporation where he or they so neglecting inhabit and who have a Power to tender the said Oath the party so neglecting or refusing shall forfeit the Summ of Forty Shilling to the King's Use forthwith to be levied by Distress and Sale of Goods the Over plus if any be to be returned to the Owner and this to be done by Warrant from the said Justice of Peace Mayor or other Officer and in Case any Justice Constable or any other Officer shall take any Gift or Reward to excuse any person from this Service or shall injuriously charge or grieve any person through Hatred Envy or Evil Will who ought not to make such Carriage or Impress more Carriages than shall be directed by Warrant of the Green Cloth upon Proof and Conviction thereof the Party so offending shall forfeit the Sum of Ten Pound to the Party grieved or to any other who shall sue for the same to be recovered by Action of Debt in any of the King's Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed and if any Person or Persons shall Impress any Horses Oxen Cart Wain or Carriages for the King's Service other than such as are lawfully impowered he or they so offending upon due Proof and Conviction shall incur and suffer the Punishments contained in the Act of 12 Car. 2. All High Constables Mayors Bayliffs and other Officers who warn the said Carriages or whose Duty it is so to do must make a Return in Writing to the Clerk or other Officer of the Carriages of the Names and Places of Abode of every such Person who is so warned to bring in his Cart or Carriage so that the Defaulters may be known and the said Officers appointed by the Act to warn them may be Discharged and Indemnified and the Defaulters punished as aforesaid CHAP. LXIII The Office and Duty of a Constable relating to the King's Game Fishery Excise and Custom UPon a Warrant directed to a Constable Headborough c. under the Hands and Seals of two or more Justices of the Peace the Constable c. may search suspected Houses for Setting-Dogs Nets and other Tackle for taking Pheasants Partridges and other the King's Game and destroy them so found but in Case they have Free Warren or are Lords of the Mannour or are Freeholders of Forty Pounds per Annum or more of Estate of Inheritance or Eighty Pounds per Annum for Term of Life or be worth in Goods 400 l. they are exempted from this Seizure As to the Constables Office relating to Fishery he may by Warrant under the Hand and Seal of a Justice of Peace apprehend such as destroy the Spawn or Fry of Fish along the Sea-shore or in any Creek or Haven or within five Miles of the Mouth of either of them or such as fish with unlawful Nets to destroy the young Fry the Meshes of their Nets not being 3 Inches and a half between Knot and Knot for which Default they are to pay 10 Shillings to be levied by Distress and Sale of Goods the Overplus to be returned to the Owner if any remain 3 Jacobi 1. Chap. 12. Wingate's Abridg Title Fish Fishers Fishing And for the Encouragement of the English Fishery if any Herrings Ling Cod or Pilchards Fresh or Salt Dry or Bloated or any Eels or Congers or Salmon he â—â—ought in and uttered to Sale by Foreigners it may be lawful for the Constable Headborough c. or any other Person to seize them the one half to the poor of the Parish and the other half to the use of him that seizes and if any one shall refuse to assist a Constable or other Officer hereto impowered on this occasion being commanded so to assist him in the King's Name he upon complaint and Proof of such contempt lies liable to be prisoned and fined at the Discretion of the Justice before whom he shall be convicted 18 Caroli 2. Chap. 2. As to the Duty of a Constable relating to the Excise note that he is to be aiding and assisting when required to the Gaugers and Under-Officers employed therein and to go with them in the Night time to such Houses where any Liquors are to be gauged They are moreo-to levy Forfeitures where a Conviction is made before the Justices or Commissioners of any Concealment Fraud or the like thereupon by Warrant for that purpose directed to make Distress and Sale of the Offenders Goods and to render the Overplus if any be to the Owner and for want of such Distress to carry the Party so offending upon commitment to Goal there to remain till there be Satisfaction made and upon Warrant directed to a Constable from the Commissioners he is to summon all Alehouse-keepers within his Division at such Days and Places as shall be appointed in the said Warrant from time to time c. As to what concerns the Constables Office relating to Customs
by the Act made the 14 Caroli 2. such as have Authority by Writ of Assistance under the Seal of the Court of Exchequer may take to their Assistance the Constable Headborough or other Peace Officer inhabiting near the place and in the Day time enter the House Shop Cellar Warehouse Rooms or other place and in case of Refusal or Resistance break open Doors Packs Chests Trunks or such places and take away such uncustomed and prohibited Goods as they shall there find and convey them to the King's Store-house in such Port as is next to the place where the Merchandise shall be seized see further 13 Car. 2. Chap. 11. And if the Officers of the Customs or any acting being assisting or aiding to them shall be sued indicted prosecuted or molested such Person or Persons his or their Heirs Executors and Administrators may plead the general Issue and give any of the Acts relating to the Customs in Evidence in any of the King's Courts of Justice 14 Car. 2. chap. 11. CHAP. LVIII The Office of a Constable relating to Clothiers and Irish Cattel c. IT is the Headborough or Constable's Duty upon Request to be aiding and assisting to the Wardens and Assistants for regulating the Worsted Trade and other Stuffs made at Norwich in the County of Norfolk and usually called Norwich Stuffs 14 Car. 2. chap. 5. And the Constables in the West Riding of Yorkshire by Warrant directed from the Justices of the Peace the Masters and Wardens of the Corporation or any 13 of them are impowred to levy such Fines Penalties and Forfeitures as by Virtue of the Statute mentioned shall become due from any Clothier and this to be done by Distress and Sale of the Offender's Goods c. the overplus to be restored to the Owner if any remain upon demand 14 Car. 2. chap. 5. The Justices of Peace and High Constable have power to search any House Ware-house or other place for Tenters Ring-ropes Head-wrenches or such other things used in the Stretching Cloth and such as they find they may deface and the second time they are used they may take them away and sell them the Money to be to the Use of the Poor to be distributed as they shall see fit 33 Eliz. chap. 20. All the Clothiers must pay their Spinsters and other Workfolks in ready Money and not in Wares and their Wool to be delivered to them in due weight under the Penalty of 6 d. Forfeiture for every Default and those Workfolks are to do their Work faithfully under forfeiting double Damages to the Party grieved 4 Edw. 3. Chap. 1. Fitz. Just P. 103. And the Masters or Head-Officers in a Corporation where no Master is and out of a Corporation the Justice of Peace High-Constable and Stewards of Leets shall hear and determine such Matters as arise upon Complaint as Non-payment of Wages or Damages as before-mentioned and upon due Examination if they find cause they commit the persons offending to Goal till such time Satisfaction be made to the party aggrieved Stat. ibid. Irish Cattel are not to be brought into England under the Penalty of their being seized by the Constable Head-officer or any other person or persons and to prevent fraudulent Seizures and Compositions the party or parties so seizing shall within six days after cause the said Cattel Sheep or Swine to be Killed and the Hides and Tallow to be to the Seizor and the rest distributed by the Church-wardens and Overseers among the poor of the Parish where any large Cattel Sheep or Swine shall be Imported or found and such Seizure the Overseer of the poor or Church-warden so neglecting or failing in his Duty shall for every one of the large Cattel forfeit 40 s. and 10 s. for any of the smaller Cattel as Sheep Swine c. which should have been Killed and distributed as aforesaid To be levyed by Distress and Sale of Goods one half to the Poor of the said Parish and the other to him that does inform and this to be done by Warrant and under Hand and Seal of any one Justice of the Peace and for want of such Distress the Offender to be Imprisoned without Bail for the space of 3 Months Mutton or Lamb Imported is subject to the like Seizure and Penalties as Beef Pork and Bacon as also Butter and Cheese Imported from Ireland and English Cattel purposely intermixed with Irish to colour a Defraud shall be reputed Irish and lyable as the same in all Respects 32 Caroli 2. Chap. 2. And indeed all Cattel Imported into England from any Country beyond the Seas or into the Dominion of Wales or Town of Berwick upon Tweed are seizable unless from Man Island and they to be landed in the Port of Chester or Members thereof and they not to exceed 600 in one Year and to be of no other Breed but of that Island Note the Cattel seized as aforesaid are to be kept in some publick place by the space of 48 Hours and if in that space the Owner or Owners or any for him or them shall before a Justice of the Peace of the fame County where the Seisure is made make out by the Oath of two Credible Witnesses that the said Cattel were brought from no part beyond the Seas the Isle of Man excepted then upon Warrant from the Justice they are to be Re-delivered to the Owner as the 18 of Caroli 2 directs revived with some others on this Subject and made perpetual by the 32 of Caroli 2. CHAP. LXIV Rates for the Relief of poor maimed Soldiers Mariners Prisoners c. How to be gathered and Ordered c. WHere Money is Rated for Relief of the Poor maimed Soldiers Mariners Prisoners c. The Constable within his Constabulary upon refusal or neglect of Payment may as also the Church-wardens Levy it by Distress and Sale of Goods rendring the overplus to the Owner if any there be 43 Eliz. c. 3. Wingate's Stat. Tit. Captains and Soldiers c. All Money in this manner and to the use aforesaid Collected must be quarterly delivered to the high Constable ten Days before the Quarter-Sessions or in Default the Constables Church-wardens their Executors or Administrators are to pay 20 s. by way of Forfeiture and the high Constable so receiving is to pay it to the Treasurers appointed by the Justices to receive it or upon Default he forfeits 40 s the Forfeitures to be Levied and Employed by the Treasurer for encreasing the Stock for the aforesaid Uses 43 Eliz. Chap. 3 c. The high Constables are under the Penalty of five Pounds to pay such Mony Quarterly at every Sessions to such Treasurers or Collectors as is raised in the respective Parishes and payed to them by the Constables and Church-wardens for the Relief of poor Prisoners 14 Eliz. Chap. 5. c. And they may make Distress as in case of maimed Soldiers aforesaid upon refusal or neglect of payment for Mony so Rated for the Relief of poor Prisoners
though they stay after their Work is done and if any return from the Parish from whence they are removed it is in the Power of the Justice of the Peace to send them to the House of Correction where they may be punished as Vagabonds or at his Discretion he may send them to a common Work house there to be employed at hard Labour and upon the Refusal of the Church-wardens or Overseers of the Poor to receive them and provide them Work c they may by the Justice be bound over to answer it at the Sessions or Assize In Case of a Bastard Child Born in any Parish the Churchwardens and Overseers for the Poor may in saving the Parish harmless seize so much Goods Profits or Lands to its use belonging to the Lewd Mother or Reputed Father as will discharge the said Parish or toward the discharging of it from such Charges as may thereby inâ—ur which is to be awarded and settled by two Justices of the Peace and confirmed at the Sessions and there an Order may be made to the Church-wardens and Overseers by Sale or otherways to dispose of the Goods as to them shall seem meet and the Profits or so much of the Profits of their Lands as by Sessions shall be ordered Vide if the Act of 13 and 14 Car. 2. c. 2. be revived No Man is to be put out of his Dwelling in a Town where he is lawfully settled or to be sent to the place of his Birth but a Vagrant Rogue nor to his last Habitation nor is he to be maintained by the Town unless he be impotent but they ought to settle themselves to Labour if they are able and can get Work and if Work cannot be gotten by them the Overseers are to set them on Work and if after they wander begging in other Parishes they may be charged as Vagabonds and sent to the place of Birth Dalt J. P. C. 84. Fol. 209. If a Scholar in a Grammar School or University be suspect to be an Incumbrance if he doth become impotent and is like to be a charge to the Parish where he is he may be sent to his Parents if he have any otherways to the place where he was last Legally settled before he came to School Resol Judges 1633. Sect. 32. If a Woman be sent to the House of Correction and there delivered the Child must be sent to the Parish whence the Mother came and there relieved If a Woman be Travelling and hath her Child with her and is for any Fault or Breach of Statute apprehended and sent to Goal although she be executed for her Crime the Child is not to be charged on the Parish where the Goal is but must be sent to the place where it was Born if it can be known otherways to the place where the Mother was apprehended according to the Opinion of Sir Nicholas Hide 3 Caroli 1. If a Woman unmarried be hired Weekly or Monthly or by the half Year or Year in a Parish and there be gotten with Child and so goeth into another Parish and there for 2 or 3 Months is settled in Service and being then discovered to be with Child in this case she must be settled in the Parish where she is and must not be sent to the Parish where she before was Resol Judges 1633. Sect. 12. If a Woman be delivered of a Bastard Child in one Parish and so departeth into another Parish with her Child in this Case the Child after being Nursed is to be sent to and settled in the place where it was Born and not to remain with the Mother Resol Judges 1633. Sect. 23. CHAP. LXXVIII The Office of the Overseers of the Poor in making Rates and how they must behave themselves therein and of making and delivering up their Accounts upon going out of their Offices c. THE Overseers for the Poor with the Church-wardens or the major part of them for enabling them to perform the things they have in charge may raise weekly or otherways by Taxation of every Parson Vicar and the Occupier of Land House or Tithes Colemines or Underwoods salable within their Parish or Divisions such a Sum as in moderation they shall think fit but the Rate must be allowed and confirmed under the Hands of two Justices one being of the Quorum and then may be levied by Distress and Sale of Goods upon refusal of Payment or neglect by Virtue of a Warrant from any other two Justices one being of the Qu rum rendring the overplus to the Owner and for default of Distress two Justices may commit the Party to remain in Prison without Bail or Mainprize till Payment be made or the Justices think fit to discharge him 43 Eliz. Chap. 2. Dalton â—ust P. Chap. 73. Folio 148. Wingates Stat. Tit. Poor People And these Rates ought to be made according to Mens real and visible Estates within the pla e only and not according to Estates elsewhere and further Observe that a Parish in Reputation is deemed good within this Law For granting G. a Parish â—ery Antient having Officers in it neverâ—heless here is a Town within the Parish that for time out of Mind at least a long time hath been used and reputed as a Parish and hath all parochial Rights as Churchwardens c. in such a Case it may be Rated as a Parish towards the Poor Hutton's Report Folio 93 and others And there must be care taken in Rating and Levying this Tax for it must lye on the Tenants occupying Land c. and not on the Landlord in nor out of the Parish for the first is only chargeable for the Land Bulstrod 1 part Rep. 354. Any Parson having a full Tenth in a Parish may be Raâ—ed a Tenth part Resol Judges 1633. Sect. 33. If any Person occupy Land lying in several Pa ishes he must in this Rate be accountable for them proportionably in the Parishes where they lye but it seems reasonable that for his Personal Estate he should be chargeable in the Parish where he is an Inhabitant In Rating Stock or Goods it is to be Rated according to the proportion of Land Rent as five or six Pounds a Year in Land to be held equal with 100 l. in Goods or Stock In a Parish where the Inhabitants by reason of their own Poverty or fâ—wness are not able to relieve their Poor two Justices one being of the Quorum may by Rate Tax other places and Parishes within the Hundred or all the Hundred if necessity requires it and thâ—s not proving sufficient the Justices in their Sessions may Tax the County in part or wholly if they think fit 43 Eliz. Wingates Abridg. Stat. Tit. Poor People And if any Person find himself agrieved by any Act done by the Justices of the Peace or Overseers they may for Redress apply themselves to the Justices in the Quarter Sessions Dalt Just P. Chap. 73. Folio 160. c. If a Parish shall reach to and lye in two
with the Advice of the Inhabitants or the major part of them upon publick Notice before given are diligently to oversee those that Work on the days appointed for the digging and carrying Gravel and other Materials for mending such Ways where they shall find them defective giving them Directions in order thereto and upon publick Notice or Wa ning the Persons so qualified are to send their Carts and Labourers Every Person having in his own Occupation a Plough-Land in Tillage or Pasture or keeping a Plough or Draught in the same Parish is liable to send according to the Fashion and Custom of the County wherein he resideth or is so legally Charged a Wain or Cart with Oxen or Horses fit for Carriage and Work of this nature attended by two able Men who shall do such Work as shall be by the Surveyors appointed them for the space of days Working 8 hours every such day under the Penalty of forfeiting for every days Default 10 s. and every other Housholder Cotter or Labourer not being a hired Servant shall in Person attend the Service to Work or send an able Man in his stead under Penalty for every days Default to pay 12 d. and all other Persons being no otherways chargeable but Cottages being Subsidy 5 l. in Goods or 40 s. by the Year in Lands or above they must find two able Men to Work in the Service It is in the Discretion of the Surveyors if there be more Carts Wains c. than are necessary to appoint two able Men instead of a Team on forfeiture of 12 d. each in case of Defect And if in 6 days the Ways cannot be conveniently mended as is the usual time they may set a farther time but then they must make Payment for it according to the Rate of the County and if hereupon there be no Agreement the Justice may settle the Rate If Materials be wanting the Surveyors may take the small loose Stones from any Man's Quarry and such Rubbish as he finds there it being near the Road without paying for it but must not dig not take away the great Stones They may dig Gravel and Sand for the like Use near any Highway in other Mens Ground not being their House Yard Orchard or Garden without paying for it the Pit not exceeding 10 Foot in breadth and the like in width which as soon as the Work is over must be covered up and made good at their Charge who caused it to be digg'd or if it be so filled up within the space of one Month they forfeit 5 Marks to be recovered by the Owner by Action of Debt All Owners of Ground adjoining to the High-ways are to keep their Hedges low and upright that the Boughs or Brambles standing out may not hinder or offend Travellers and that so the Sun may shine on the Ways to dry them and such as are negligent in this may be Presented and Indicted and thereupon forfeit 10 s. besides their Charges And in case Ditches are stopped up with Mud or Ouse that should be Drains to the Highway so that the Water lies in it and cannot have a current Passage the Owner of such a Ditch or Water-drain shall forfeit 12 d. for every Rod so neglected to be Scowred by 18 Eliz. Chap. 10. And the Surveyor hath power to make Conveniencies for draining the Highways as Sluces Out-lets of Water c. into any Man's Ditch or Ground for the better and more speedy Conveniency of passing the Road. If any Man upon Cleansing a Ditch cast the Soil into the Road and suffer it to lie there above the space of six Months he is liable to pay 12 d. per Load for as many as shall be adjudged to be there If a Justice of the Peace shall upon his own Knowledge of any Nusance on the Road make a Presentment it stands good and two Justices one being of the Quorum may make the Amercement or Fine to be levyed on the Offender These Officers viz. Surveyors have in their Care all Bridges witnin their several Parishes or Liberties to see they are kept in good Repair from time to time at the Charge of the Parish Hundred or as the Custom has been and is continued and if a Custom has therein ceased for a time it may be revived for in some Cases particular Persons are bound by Tenure of Land c. to repair part or the whole of a Bridge c. without a Parish Charge But to instance these Particulars would be too tedious for my intended Brevity and many times a whole County Iles chargeable to be Rated for the Repair of a Bridge c. CHAP. LXXXII The Office of a Surveyor in draining the Roads making Presentments and in what Case a Justice of Peace may Present how the Surveyor shall be Reimbursed for Moneys laid out for Materials c. A Surveyor may Cause a Water-course or Spring in the Highway within his Parish to be turned into another Man's Ground or his Ditch next adjoining to the said way for the Conveniency of keeping the Road dry as in his Discretion shall seem fitting Dalt Chap. 50. Fol. 103. The Surveyors o any one of them have power to present to the next Justice of the Peace every Default upon the 2 and 3 of Philip and Mary Chap. 8. and 5 Eliz. Chap. 14. within one Month after the Default made on the Penalty of 40 s. and the Justice under Penalty of 5 l. must certify the same at the next Quarter-Sessions where the Bench of Justices have power to enquire of the Default and to set such Fine on the Offender as any two of them one being of the Quorum shall think fit 5 Eliz. Chap. 1â— If any Justice of the Peace present in Sessions upon his own Knowledge it shall be a good Conviction whereupon any two of the Justices the one being of the Quorum may assess a Fine as well as if the Matter had been found on the Verdict of 12 Men But in this Case the Offendor shall be as in other Cases admitted to his Traverse 5 Eliz. Chap. 13. Rast 199. and all such Fines and Forfeitures are to be bestowed and employed towards the mending and bettering of the Highways in the Parish where the Offences are committed Wing Abridg. Stat. Tit. Highways 2 3 P. M. Chap. 8. Where Surveyors have laid out their Money for Materials to mend the Ways where without there were none fitting to be had it is enacted 2 and 3 of William and Mary That upon notice given by the Surveyors of Highways to the Justices of the Peace at their Grand Sessions and Oath made of what Sum or Sums of Money are expended to that Use and Behoof the Justices thereupon or any two of them under their Hands and Seals may cause an equal Rate to be made for the reimbursing the Surveyor or Surveyors the Moneys by them to the Use aforesaid laid out upon all the Inhabitants of such Parish or Township where it was expended
than mentioned or in any other Order may upon Conviction for such his neglect be Amerced by the Justice in any Sum under Forty Shillings to be levied on his Goods and Chattels CHAP. LXXXV Directions to the Scavengers and Managers of Sewers in the Cities of London and Westminster the Borough of Southwark relating to their Duty and Office AS for the Cities of London and Westminster their Scavengers are in the Nature of Country Surveyors where Commissioners are over them appointed to take care they do their Duty and to take Cognizance of Vaults common Drains or Common-shoars to amove Nusances and to sâ—e after the Pavements Payment of Raker and what else shall be amiss also in the Burrough of Southwark and places adjacent the aforesaid Cities in them the House-keepers are to sweep and cleanse the Streets Lanes and Alleys and publick places before their Houses and bring out their Dirt or Soil fit for the Raker to take up and carry away and the Mayor Aldermen and Common-council of the City of London may set out and purchase Grounds for Laystalls to receive the Dirt and Rubbish carried out of the City and for other Materials and Commodities And any person upon Complaint of Nusances in Defect of Pavement Dirt or Rubbish lying beyond the usual Time neglect in Rakers in not duly coming and giving Notice to bring out Dust or Dirt by Ring of Bell or such like Warning may by the Commissioners be redressed and the parties offending punished as the Statutes in those cases provide and direct No person under the Penalty of Five Shillings is to throw any Dirt or Rubbish or Noisom thing into the Streets that may be a hinderance or give Offence nor into any Lanes or places of publick passage c. or against a Wall of any Church Churchyard or any House and if they throw it into any common Vault or Sink to hinder the Current of the Drains they forfeit 40 s. 14 Car. 2. Chap. 2. And those that sweep not up their Dirt for the Scavenger to take away before their Houses in Streets Alleys and other publick places forfeit 13 s. 4 d. for every Neglect 13 Caroli 2. Chap. 2. If any Hoop wash or cleanse any Barrels or other Cask or set out empty Cask to mend or hew rough Timber saw Stone for each of these Offences they are to pay 20 s. and every Householder is to keep the Streets Lanes and other publick passages so far us belongs to him paved well paved unto the Channel or middle of the Street or Lane under the Penalty of 20 s. for every Rod that shall be defective and 20 s. a week till it shall be paved or mended To enquire after Offenders and make such Redresses as are found Agrievances by applying themselves to the Commissioners c. and by the Statute of the 2 William and Mary among other things it is enacted that the Rakers Scavengers and other Officers thereto appointed shall every Day in the Week Sundays excepted and other Holy Days bring their Carts and other Carriages unto their several Charges and Divisions where they can pass and give Notice at or before by the ringing of a Bell there and in Alleys and other places where they cannot pass that the People may sweep up and bring out their Soil which the Rakers are every day obliged to carry away uuder Penalty of 40 s. for every Offence In the Place and Division where any new Street shall be made the Justices of the Peace of that Division may take a View and if they think it convenient to be paved or otherways amended they are to certify the same under their Hands to the Justices of the Peace at the next General Quarter Sessions for the Place where the Street or Streets are who are to take order for the paving or amending as they shall think fit and all People concerned therein by a limited time ordered by the Justices are to be complying under the Penalty of 40 s. for every Perch upon such Offence or Default and accordingly for a greater or lesser Quantity and the like Sum for every Week it shall remain so unpaved or amended and any Scavengers duly chosen refusing to take upon them the Office forfeits Ten Pounds for such Refusal then other two to be chosen within seven Days after such refusal and to forfeit as the Former upon refusal and the Penalties to be payd to the Surveyors of the High Ways of the place to be employed towards the amending the High Ways and Streets of the same Parish Ward or Division to be levied by Distress and Sale of Goods and Chattels of the Offenders by Virtue of Warrant from a Justice of the Peace in any of the Places where the Offence is committed to be directed for that purpose to the Constables or other Officers of the said Parish to any two or more of them and reasonable Charge for the Distress being deducted the Overplus is to be returned to the Owner if any there be and for want of Distress or Non-payment within six Days upon Demand or Notice left at the House of the Offender in Writing he or they so offending may be committed to the common Goal of the County City or Place respectively by Warrant from any of the said Justices of the Peace under Hand and Seal and there to remain without Bail or Mainprize till payment be made as aforesaid and so for every person elected and refusing the Office c. CHAP. LXXXVI Within what time Rates are to be made and by whom How the Scavengers are to account for them and the Penalties upon Refusal Assessment how to be made and levied c. WIthin Twenty Days after the Scavengers are elected the Constable other Officers and Parishioners or the greater number of them present are to make a Rate or Assessment according to Pound Rate upon the Inhabitants of their Parish to be allowed and confirmed by two Justices of the Peace of the place c. to be collected Quaterly and if upon Demand of the Scavenger or other Officer appointed to collect the same Payment be refused Distress may be made by Warrant under the Hands and Seals of two Justices of the Peace to be levied by Distress and Sale of Goods or for want of such Distress and Non-payment the Offender to be Imprisoned till payment be made unless a Peer of the Realm The Mony so collected is yearly to be accounted for by the Scavengers for the time being to two or more of the Justices of the Peace residing in or near the Places for which Scavengers are appointed within 28 Days after the new Scavengers are chosen for the Year ensuing and to be paid into the Hands of the new Scavengers if any remain undisbursed in their Hands and two such Justices of the Peace upon refusal to make Account may commit the Refuser or Refusers to Prison without Bail or Mainprize till he or they account and pay the Remainder Where in a Parish there
to answer to such matters as shall be objected against him by N. M. within named to do and receive what the Court shall then and there enjoin him and that he do in the mean time keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege People and especially towards the said N. M. of E. aforesaid Yeoman that then this Recognizance to be void and of none effect or else to be and remain in full Force and Virtue The Form of a Condition for one to appear before the Justices of Peace at their next Sessions The Condition of this Recognizance is such that if the within Bounden W. A. shall make his Personal Appearance before the King's Majesties Justices of the Peace at the next Quarter-Sessions of the Peace to be holden for the said County of S. then and there to make Answer unto such Matters as on His Majesty's behalf shall be objected against him by W. A. or concerning c. and there shew the Matter shortly and shall also stand and abide such further Order as the said Court shall award or set down therein that then and from thenceforth this present Recognizance shall be frustrate and void or else to remain in full Force and Virtue The Form of a Condition for one that hath dangerously hurt another The Condition of this Recognizance is such that whereas the within bound K. R. hath now dangerously Hurt or Wounded L. G. of R. within the said County of S. Butcher giving him divers Blows or Cuts on the Head Face c. with a Chopper made of Iron and Steel so as the said L. G. is in danger of Death thereby If therefore the said K. R. shall make his Personal Appearance before the King's Majesty's Justices at the next General Goal-delivery to be held in the said County of S. then and there to make Answer to the Premises and to receive that which then shall be by the Court Injoyned him and that he the said K. R. in the mean time do keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege-people that then c. as before CHAP. XXIV The Forms of Mittimus's to deliver Persons Committed to Goal c. The Form of a Mittimus to send a Disorderly Servant or other Disorderly Person to the House of Correction Berks. I Have send you herewithal the Body of D. B. of R. in the said County of B. being an Idle Dissolute and Disorderly Fellow or one that will not keep his Service nor follow an Honest Course of Life These are therefore to Will and Require you to receive the said D. B. and him safely to keep till he shall be thence delivered by Warrant from my self or some other His Majesties Justices of the Peace for this County of Berks and in the mean time to hold him to hard Labour giving him the moderate Correction of the House by Whipping and otherways according to Law in such Cases provided and hereof fail not at your Peril Dated c. ☞ Note that the Justice at his Discretion may Limit a Time for his Imprisonment in the Mittimus as two or three Days and then to be Discharged c. The Form of a Mittimus of a Felon after his Examination taken Surrey I. B. Knight one of His Majesties Justices for the County aforesaid to the Keeper of His Majesties Goal at the Marshalsea in the Burrough of Southwark in the County aforesaid c. Greeting I send you herewith the Body of B A. late of G. Labourer brought before me this present Day and Charged with the Felonious taking five Swine which he hath also confessed upon Examination before me And therefore these are on the Behalf of our said Sovereign Lord the King to Command you that you immediately receive the said B. A. and him safely keep in your said Goal until that he shall be thence delivered by due Course of Law Hereof fail not as you will answer the Contempt at your Peril Given at C. the Day of in the Year of the Reign of our Sovereign Lord c. ☞ Note here the Party Confessing the Felony on Examination is held to Bar himself of being Bailed by the Justice c. The Form of a Mittimus upon Suspicion of Felony c. Essex I. D. Esq one of the Justices of the Peace for the County aforesaid To the Keeper of his Majesty's Goal at Chelmsford in the said County or to his Deputy there Greeting These are in his Majesty's Name to Charge and Command you that you receive into your said Goal the Body of B. K. late of D. Mariner taken by L. C. Constable of the Town of C. and by him brought before me for Suspicion of Felony c. and that you safely keep the said B. K. in your said Goal until the next General Goal-delivery for the said County if he be not Bailable or if Bailable then thus until he shall be thence delivered by due Course of Law And hereof fail not as you will answer the Contempt at your Peril c. The Form of a Mittimus to send the Reputed Father of a Bastard-child to Goal Warwick I send you herewithal the Body of C. R. of B. in the County of W. Labourer brought before me this present Day and Charged by S. J. of the same Town to have gotten her with Child and for that the said C. R. refuseth to put in Security for his Appearance at the next Quarter-Sessions and to the end he may be forth coming when as Order shall be taken for the Relief and Discharge of the said Town of B. and for the keeping of the said Child when it shall happen to be Born according to the Statute in that Case made and provided These are therefore on His Mejesties behalf to Charge and Command you that you immediately receive the said C. R. and him safely keep in your said Goal until such time as he shall be from thence delivered by due Order of Law and hereof fail not as you will answer your Contempt at your Peril Dated c. ☞ Note that in every Mittimus the Cause of the Commitment is to be set down to the end that it may appear and be made known whether the Prisoner be Bailable or not and the Mittimus must be directed to the Goal-keeper or his Deputy Also where the Justices of the Peace out of their Sessions may hear and determin and so may Commit Offenders for the Offences or Fine it is necessary that in their Mittimus there be contained the Manner of the Offence and how long time the Prisoner is to be kept in Prison for it and after this manner with varying the Names of Places and Persons as it shall happen on the Occasion and some other Variations i◠Point of Fact c. These may direct a Clerk to make others c. And Mittimus's may be directed thus c. To the Keeper of His Majesty's Goal
it 898. and is held to appoint the first High and Petty Constables in England which Offices have ever since continued in good Esteem nay the Saxon Word makes the Antiquity of Constables plain in Etymology The Saxon being Coning or Cyng and Staple or Stable which signifies a Stay or Prop to the King that is to the Government in laying Hands on Offenders and bringing them to Justice and though the High Constable of England's Office usually a Noble Man appointed by the King is ceased yet the High Constables of Hundreds in a great measure retain and hold up the Power as to what concerns the Civil Government and these are chosen most usually in each County by the Justices in their General Quarter Sessions or their respective Divisions for they have Power to give them Authority and to discharge them of their Office as they shall see cause The High Constable is as it were Overseer or Director of the Petty Constables Headboroughs or Tything-men which are chosen under him in the respective Towns Villages or Precincts within his Hundred or such Franchises as are under his Jurisdiction by the consent of the Inhabitants or the Majority of them and their Duty it is to execute the High Constables Office in his Absence in keeping the Peace and good Order in their respective Limits and upon the High Constables Order to be aiding and assisting to him so far as concerns his Office And now since both these are necessarily Sworn upon entring on their respective Offices it will be requisite for the better understanding of what they undertake by entring on so weighty a Trust to set down the Form of their respective Oaths before the Justices c. The Oath to be taken by a High Constable 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 Majestys Peace to be well and truly kept and preserved so far as in your Power lyeth you shall Arrest all such Persons as in your sight or presence shall Ride or go Armed offensively or shall commit or make any Riot Affray or any other Breach of his Majestys Peace you shall do your best Endeavour upon complaint to you made to apprehend all Felons Barretors and Rioters or Persons Riotously assembled and if any such Offenders shall make resistance with force you shall Levy Hue and Cry and shall pursue them till they be taken you shall do your best endeavour that the Watch in and about your Hundred be duly kept for the apprehending Vagabonds Rogues Night-walkers Eves-droppers Scouts and other suspected Persons and of such as go Armed and the like and that Hue and Cry be duly rais'd pursued according to the Statute of Winchester against Murtherers Thieves and other Felons and that the Statutes made for Rogues Vagabonds and such other idle Persons as come within your Bounds and Limits be duly put in Execution you shall have a watchful Eye upon such Persons as shall maintain or keep any Common House or Place where any unlawful Gamâ— is or shall be used as also to such as shall frequent or use such Places or shall use or exerâ—c se any unlawful Games there or elsewhere contrary to the Statutes At your Sessions Aâ— size or Leets you shall present all and every the Offences done contrary to the Statutes of the 1.4 and 21 of James the first to restrain the inordinate haunting and tipling in Inns Ale-houses and other Victualling Houses and for the repressing Drunkeness you shall there likewise true presentment make of all Blood-sheddings Affrays Outcries Rescous and other Offences committed or done against the Kings Majestys 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 Nine Years Old and their Servants viz. their Monthly Absence from the Church 3 Jacobi 1. Chap. 4. You shall well and duly execute all Precepts and Warrants to you directed from the Justices of the Peace of the County or Superior Officers you shall be aiding to your Neighbours against unlawful purveyances In time of Hay or Corn Harvest upon request you shall cause all Persons meet to serve by the day for the Mowing Reaping or getting in of Corn and Hay you shall in Easter Week cause your Parishoners to chuse your Surveyors for the mending the High Ways 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 and Duty of a Constable so long as you shall continue in the said Office By this Tenor of an Oath a Constable may gain a considerable Light into what he is to do in the Management and Execution of his Office being as it were an Epitome of what I shall hereafter set down more intelligibly and plainly to be understood But this Oath is often administred in Abstract to a Petty Constable Tything-man c. So that what I now recite suffices The Petty Constable c. his Oath You shall swear that you well and truly execute the Office of a Tything-man of the Tything of B. or Headborough c. his Majesties Peace in your Person you shall keep and see it kept in others as much in you lyeth in the Presence of the High Constable you shall be aiding and assisting to him and in his Absence you shall execute his Office according to your Power and Knowledge till an other be chosen in your Place or you be Legally Discharged So help you God The High Constables in their respective Hundreds are Conservators of the Peace at Common Law as are the Petty Constables in their respective Towns and Liberties and have a large Power to back and support them in the Execution of their Office if they proceed within the Bounds of it for it is so ordered that if an Action be brought against a Constable Headborough c. or their Assistants for any thing done by reason of their respective Offices they may plead the General Issue and give the special matter in Evidence 7 Jac. 1. Chap. 5. 21 Jac. 1. Chap. 22. Wingate's Abridg. Stat. Tit. Evidence c. And if it so happen any Action be brought against one or more of them it is so provided that it shall be layed in the County where the Fact commenced and if the Verdict pass for the Defendant he is to have double Costs and this to be recovered as other Defendants recover their Costs by 7 Jacobi 1. Chap. 5. 21 Jacobi Chap. 1â— Windg Abridg. Stat. Tit. Evidence For indeed a Constable Legally chosen is compelled to serve the Office being a fit Man able of Body and in Substance and it would go hard if for every trivial slip he should run the risk of being Ruined by Vexatious Suits for if a Constable c. Legally Elected to the Office do refuse to serve and take the Oath unless
of two Justices one to be of the Quorum Lam 508. However a great many Presidents run in the Name of one Justice of the Peace which seemeth to be the ancient Practice Notwithstanding the joining of two Justices of Peace herein and one of them of the Quorum is on all Hands concluded most Authentick and so Dalton is of the Opinion it ought to be The Form of a Supersedeas to deliver one out of Prison for Trespass or the like Wigorn. T. B. Armig. Vnus Just Dom. Reg. nunc ad Pacem in Com. Praed Conservand Constabut Ville de S. nec non custodi Gaolae dicti Domini Regis in Com. praed Salutem Quia M. B. de C. Labourer venit coram me invenit suffic securitat essendi coram Justic dicti Domini Regis ad Proximam Generalem Session Pacis in Com. praedict tenend ad respondend tam Domino Regi quam C. B. de quibusdam Transgr s seu Contemptibus c. per ipsum perpetratis ideo vobis cuilibet vestrum Mando quod praedict M. B. à custodia vestra sine dilatione deliberari faciatis alio mandato meo inde direct interim supersedere hoc Mandatum meum erit vobis cuilibet vestrum Warrant Datum apud V. tali Die c. Or you may begin it thus ss T. B. Armig. Justic Constabul Ville de S. nec non c. Supersedeas de Exig Fac. de Felonia Ebor. Gulielmus c. Vic. Com. Ebor. Salutem Quia D. C. de B. in Com. tuo Pistor venit coram F. E. invenit sufficien Manucaptor essendi coram Custod Pacis nostrae ac Just nostris ad diversas Felon c. ad General Session Pacis nostrae apud G. tali die tenend ad respondend nobis de quibusdam Feloniu unde indictatus est Ideo tibi praecipimus quod de ulterius Exigent praefat D. C. ad aliqu Comitat tuum vel Imprisonand sive ipsum ea occasione aliqualiter molestand omnino supersed habeas ibi tunc hoc breve Teste W. M. apud L. tali Die Anno. c. Supersedeas de capias pro fine Cantab. I. B. Armiger unus Justic Dom. Regis nunc ad Pacem in com praedict Salutem Quia L. C. de N. in dict com Tonsor venit coram me invenit sufficient Manucapt essendi ad proximam Generalem Sess Pacis in Comitat. praedict tenend ad faciend Finem cum dicto Dom. Rege pro quibusdam Transgres Contempt offensis unde indictatus existit Ideo tibi praecipio quod de capiend praef L. C. Imprisonand seu ipsam ea occasione aliqualit molestand omnino supersed habeas ibi tunc hoc praeceptum Teste me c. There are other Supersedeas's on several occasions but finding these Forms I thought good to set them down as a Light to further Matter of this Kind and for a Treatise of them more at large I refer you to Dalton Chap. 133. Crompton 234. CHAP. XXIII The Forms of Recognizances on several occasions to be taken by Justices of Peace and written by them or their Clerks c. The Form of a single Recognizance to be taken before a Justice of the Peace Surrey Memorand quod die Anno Regni Domini nostri Gulielmi tertii Dei Gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensoris c. Venerunt coram M. D. W. C. Armiger Justiciar dicti Domini Regis ad Pacem in Com. S. conservand Assignat S. I. de B. in comitatu praedict Yeoman W. S. de eodem Textor ac D. R. de S. in comitat praedict Sutor Recognover se debere Dicto Domino Regi viz. quilibet Manucapt praedict decem Libr. Praedict S. I. in viginti Libr. bonae et legalis Monetae Angliae solvend eidem Domino Regi in Festo Purificationis Beatae Mariae Virginis proximo futur post dat present nisi fecerint concesserunt pro se Haered Executor Administ suis per presentes quod dicta separales summae levent recuperent de maneriis Mesuagiis Ter. Tenement Bonis Catallis Haereditament ipsor S. I. W. S. D. R. Haered Executor Assign suor ubicunque fuerint invent Dat. c. The Form of a Recognizance for the Peace Sussex Memorand quod Die Anno Regni Domini nostri Gulielmi Tertii Dei Gratia c. P. P. de E. in com praedict Auri faber in propria persona sua venit coram me T. L. Armig. uno Justic dicti Dom. Reg. ad pacem in dicto com conservand assign assumpsit pro seipso sub poena Quinquaginta Libr. W. I. de M. in com praed Yeoman T. N. de c. Agricultur tunc ibid. in propriis personis suis similiter vener manuceperunt pro praedict P. P. viz. quilibet cor separat sub poena vigint quinqu lib. quod idem P. P. personalit comparebit coram Justic Dom. Reg. ad pacem ad prox Generalem Sessionem pacis in com praedict tenend ad faciend recipiend quod ei per curiam tunc ibid. injungetur quod ipse interim pacem dict Dom. custodiet erga ipsum Dom. Reg. cunct populum suum praecipue versus N. M. Yeoman quod dampnum vel malum aliqu Corporale gravamen Praef. N. M. aut alicui de populo dicti Dom. Regis quod in Laesionem aut Perturbationem pacis ipsius Domini Regis seu praef N. M. cedere valeant quovis modo non faciet nec fieri procurabit Quam quidem sum Quinquaginta lib. praedict P. P. quilibet Manucapt praed praedictas separales summas viginti quinque Libr. se debere dicto Dom. Regi de Terris Tenementis bonis catallis suis quorumlibet cujuslibet eor ad opus dict Domini Regis Haered successor suor fieri levari ad quarumcumque manus devenerit si contigerit ipsum P. P. praemissa vel eorum aliquid in aliquo infringere inde Legitimo modo convinci In cujus rei Testimon ego praedict T. L. sigillum meum apposui Dat. apud c. ☞ Note here if the Justice only subscribe his Name to the Recognizance without putting his Seal it may be well enough And further that all Bonds Obligations and Recognizances that shall be taken by any Justice of the Peace or any other Person for any cause touching the King must be made and be taken in his Name and by these words Domino Regi c. under a Penalty to him that takes them as I have elsewhere said The Forms of Conditions of Recognizances to be set under the Recognizance or Indorsed The Form of a Condition to keep the Peace The Condition of this Recognizance is such that if the within bounden P. P. shall personally appear before the Justices of our said Sovereign Lord the King at the next General Sessions for the Peace to be held in the said County of Sussex
in the Marshalsea or King's-bench as likewise for the Relief of the Poor in Alms-Houses and Hospitals and for want of Distress the Party may by the Justices of the County be Committed to Prison there without Bail or Mainprize to abide till the Sum be paid And the Constable or Church-warden neglecting to pay it in ten Days before the Quarter-Sessions as aforesaid forfeits 10 s. each and the high Constable 20 s. if he pay it not in at the Quarter-Sessions as directed which Forfeitures the Treasurer may Levy by Distress and Sale of Goods and employ to the Increase of the Stock 43 Eliz. Chap. 2. c. CHAP. LXV What particular Things and Matters High Constables ought to return before the Justices in Sessions and to be return'd to them by the Petty Constables in their Respective Jurisdictions 1. THey are required to return the Christian and Sir Names Additional Names and Qualities of all Popish Recusants as well Lodgers as Housholders Residing or Dwelling in any of their Respective Parishes or Divisions 2. The Names of such as shall prophanely Curse and Swear with the Number of their Oaths immediately or within Ten Days informing the Justice of Peace of such Offence 3. The Names of such Persons as shall Drink or Tipple in any Inns Ale-houses or Taverns at any time especially on the Lord's-day and such persons as they shall find Drunk with the Names of those that entertain them 4. Such persons Names as suffer any Unlawful Games to be used in their Houses Gardens or Backside with the Names of such as haunt Gaming 5. They are to return all such Ale-house-keepers or Victualers as Sell Ale or Beer without License 6. Such persons as are to Watch and Ward who neglect or refuse to do their Duty therein 7. The Names of such persons as divide their Houses into Tenements and take in Lodgers or Inmates that Annoy their Neighbours or are likely to be a Charge to the Parish 8. The high Constable is to return the Defaults of Petty Constables Tything-men c for neglecting to Apprehend and Punish Beggars Rogues Vagabonds or refusing to Pass them c. 9. They are to certifie the Names of such persons as refuse to take Apprentice poor Parish Children according to the Statute 10. All Masterless Men and Women living at their own Hands such as are Idle refusing to Labour and can give no Satisfactory Account how they get their Living and all suspicious Persons as Mothers of Bastards Whores Noctivagrants Night walkers or such as are likely to be Chargeable to the Parish wherein the Reside 11. The Names of such as neglect or wilfully omit to make due Rates and Collections for the Relief of the Poor in every Parish or that cannot or do dot give a just account how the Rent and Stock of the poor is employed 12. They ought to return all defects in the High-ways and Bridges also Pavements in their Districts where there are no Commissioners or Defaults are neglected by them with the Names of such as ought to repair them and have neglected or refused so to do 13. They ought to Present all such Scavengers as are found negligent in Cleansing the Srreets or in other parts of their Duty and all common Annoyances in the Streets Lanes or Alleys 14. The Name or Names of every such Person or Persons who keep Swine to the common Annoyance of their Neighbours or any other in and about the Liberty and Precincts where Hogs ought not to be kept more particularly referring to the Cities of London and Westminster and their Liberties 15. They ought to Present Bakers putting Bread not due Weight to Sale with a particular Account thereof Also Brewers Selling Beer or Ale to Unlicensed Ale-houses or Victualling-houses likewise all Regrators Forestallers of Markets Ingrossers of any Corn or Grain Butter or Cheese Bacon or any kind of dead Flesh or Provisions whatsoever And in order to make out these Matters against the Delinquents they are to return the Names of such persons as can testifie or prove the Offences before the Justices in their Sessions or Meetings and thereupon they are to be Summoned in order to be Examined that it may be known how far they can inform them in the Particulars alledged and such as pave not before their own Doors or such places as ought to be paved are liable to be returned by the Petty Constable to the High-constables in their several Precincts or Districts and by them presented before the Justices in their Sessions c. CHAP. LXVI The Office of a Constable c. Relating to Stoned Horses IN this Case there are several Laws provided to prevent Damage which Owners may sustain by the hurt or unseasonable covering of their Mares in which Case it is provided by the Statute 32 Hen. 8. Chap. 13. That none shall put to Feed upon any Forrest or Common except a Common or Forrest where Mares are not usually put or kept any Stoned Horse exceeding two Years Old and not fifteen Hands high from the lower part of the Hoof to the upper part of the Withers and if any Stoned Horse of a lower Stature be put to Feed in any such Common or Forrest unless it be in the Fenny grounds of the Isle of Ely and in other parts of Cambridge-shire also Northampton-shire Huntington shire Lincoln Nottingham Suffolk and Norfolk where they are required to be but thirteen Hands high any person may Seize them to his own Use by the Assistance of the Constable Keeper of the Ground Headborough Bailiff or other such Officer conveying the Horse to to the next Pound there to be measured by the Officer in the presence of three sufficient Witnesses and being found lower than the Statute directs there to be disposed on 8 Eliz. Chap. 8. Wingate's Abridgment of the Statutes Title Horses and so according to the Statute of Hen. 8. before mentioned and such as are required so to do refusing to Measure or be present at Measuring forfeit 40 s. each for every Refusal or Default one half to the King and the other half to the Prosecutor but however the Horse must be wilfully put in the Common or Forrest by the Owner or his Order for if he escape thither he shall not be questioned in this Kind unless he remain there above 4 Days after Notice given to the Owner at his House or in his Parish Church 32 Hen. 8. Chap. ☞ Note that all Forrests and Commons require to be driven every Year at Michaelmas or within 15 Days after by the Keepers of the Ground Constables or other Officers thereto appropriated under the Penalty of 40 s. upon failing so to do And they have power likewise to drive them at any other time of the Year as they shall see it convenient in their Discretion the like priviledge has the Owner of the Ground But by the 21 Jacobi 1 Chap. 28. this Statute of the 32 Hen. 8. is not to extend to the County of Cornwall that being a