And he that is sworn the Tithingman c. of any place is in effect with respect as aforesaid the Constable of the place And that when any Staute doth appoint the Constable or other Inferior Officers to punish Offenders in such case the Borshoulder Headburrough Tithingman c. may do it they being supposed to be Inferior Officers to the Constables By the Statute 14 Car. 2. cap. 12. it is Nota. Ordained That upon the death or removal of any Constable out of the Parish any two Justices may elect and swear a new one to continue till the next Leet or Quarter-Sessions and then the Steward or Justices to approve of him or appoint another And if any such Officer continue in his Office above a Year the Justices of the Peace may discharge him and put in others till the Lord of the Mannor hold a Court. In some Cases then the High Constable Nota may and must do more than the Petty-Constable c. And in some Cases they have equal authority and in other Cases they are distinct I shall therefore endeavour to shew what all Constables either High or Low Bursholders Headburroughs Tything-men c. may and must do what is their common or equal and what their special or particular Duty and Authority But Note That where it is generally spoken of Constables there it is also meant as to Headboroughs and Tything men c. and where there is any difference I shall distinguish it But First I will speak of the fitness and manner of their Choice and of the Oath each of them must severally take for the Nota due Execution of his Office And observe that part of their Office and Duty consists in the attendance of Court Leets Justices Constables when and where to attend of the Peace and Coroners for the executing of their Warrants within their several Precincts and also to attend upon aid and assist and execute the Warrants of Judges of Assize at their Assizes and Gaol Delivery and the Justices of the Peace at their general and special Sessions and other Meetings to make Presentment upon Oath of things within their Knowledge and according to Articles exhibited to them for that purpose of which more in its place Of the Choice and Fitness of Constables and of the Oath to be taken by them THey ought to be men fit for the Execution Honesty Ability and understanding required of their Office and therefore to be chosen out of the honestest ablest and most understanding men not Feeble with old Age nor otherwise Weak Sick Poor or Impotent That so the Office may be performed truly and diligently without Malice Affection or Partiality This Office ought not to be put upon the Poverty and Ignorance to be avoided Poorer sort for they are usually most Ignorant and Fearful and less able to attend this Office their Necessity requiring them to mind their own Trade and Imployment And 't is to be understood That Constables Bac. p. 25. have no allowance but are bound to perform their Office gratis Such who in respect of some other Offices Some Professors exemptd and to be excuseed Callings or Professions as Clergy-men Sheriffs Lawyers Attorneys Physicians and such like are presumed to be otherways so much imployed as not to be at leisure to attend upon this Office so much as is required and therefore not to be Chosen Also Women whether Maids or Widows Women Ideots and Infants ought not to be chosen neither Mad-men or Ideots nor Infants under 21 Years of age nor old Men above Seventy Therefore it is not a good Custom generally that this Office should go by tenure of Houses for so it may fall upon a 1 Cro. fo 283. Woman which is not sufferable but it may be a good Custom That every man sufficiently qualified shall serve or find one to do it These Officers are to be chosen in respect In what respect they are chosen of their Habitation or Residency and not in respect of their Lands for a Man may have Lands out of the Hundred Parish or Tything c. But he ought to serve only in the place where he lives The High-Constables are usually chosen High-Constables when and where chose and Sworn Dalton ca. 16. fo 46. Lamb. Just 190. and Sworn at the Quarter Sessions of the Peace for that County But they may be either Chosen or Sworn out of the Sessions and if they be chosen out it must be by the greater number of Justices of that Division where they Dwell and in the like manner also they may be Removed And Note that two Justices of the Peace the one being of the Quorum may appoint the High-Constables for Wales by the Stat. 34. H. 8. ca. 26. The Petty-Constables are most commonly Petty Constables when and where Chosen and Sworn in the Court-Leet and sometimes by the Justices of Peace at their Quarter Sessions Dalton Just fo 47 48 336. So that High-Constables are by appointment of the Justices and Petty-Constables elected by the People unless in some Cases as is after set down If Constables lawfully Qualified and Chosen shall refuse to be Sworn the Justices of Peace may bind him over to the Assises or Sessions and he may be there Indicted Fined and if he be chosen in a Leet and refuse he may be fined in that Leet for his Contempt Dalton 47. 1 Cro. 409. As one lawfully qualified and chosen Refusing to serve may not refuse so if one that is not rightly qualified and inabled may refuse if he be chosen and shall be discharged by Law and another may be appointed in his place Dalton J. P. fo 322. And it is said to be a Forfeiture of the Removal of unfit Persons Leet where the Leet chooses unable or unfit Constables and their choice is void and upon Complaint made to two Justices of the Peace they may remove such unfit 8 Co. 42. Steels Rep. fo 〈◊〉 and unable Person and choose and Swear some other 1 Bul. 174. Dalt ca. 16. fo 47. But in other Cases it s said the Justices are not to meddle either in Sessions or out of Sessions But leave it to the Custom of the Court Leet Stiles Rep. 362. Note also by the better opinion it is Constables Deputy held That the Constable of a Hundred or Parish may not make a Deputy for the exempting of his whole Office but he may depute one to do many things under him and in his Name that relate to his Office yet so that the Constable shall be responsible and answer for what 's amiss c. 3 Bulst 77. 78. Yet sometimes one chosen hath named a fit Person for his Deputy who upon his acceptance hath been Sworn and in this case its said the Deputy shall answer for himself 1 Cro. 409. Crawley's Case By an Act 24 Maii primo Willielmi Protestant Dissenters being chosen Constables c. may make a
Oaths appointed Conventiclers EVery Constable Headburrough Tithingman Constables must levy Fines c. upon frequenters of Conventicles Churchwarden and Overseers of the Poor are authorized and required to levy the Fines assessed by the Justice of Peace upon those who shall be present at unlawfūl Conventicles upon their Goods and Chattels having first received a Warrant under the Hands and Seals of one or more Justices or Chief Magistrate and forthwith to deliver the Mony so levied to the same Justice of Peace or Chief Magistrate 22 Car. 2. cap. 1. If any Constable Headburrough Tithingman Constables must inform of Conventicles on Penalty of 5 l. Churchwarden or Overseers of the Poor shall know or credibly be inform'd of any Conventicle within his Precinct and shall not thereof inform some Justice of Peace or Chief Magistrate and endeavour to Convict the Parties but neglects his Duty he forfeits 5 l. to be levied on his Goods 22 Car. 2. cap. 1. And the said Officers being Constable May break open the Doors to search for Conventiclers Headburrough or Tithingman may upon a Warrant from one or more Justice or Justices or Chief Magistrate with what aid force and assistance they think fit after refusal or denial to enter break open into any House or other place where they shall be inform'd any Conventicle is held as well within Liberties as without and take into their Custody the persons there unlawfully assembled to be proceeded against according to this Act. But no Peers House is to be searched Peers House unless in presence of a Lord Lieutenant or two Justices of the Peace whereof one to be of the Quorum And Note That the Penalties for a Married Wives Penalty levied on Husbands Goods General Issue Woman living with her Husband shall be levied on the Goods of the Husband And any Person Sued for acting by this Law may plead the General Issue and give the Special Matter in Evidence and shall recover treble Costs 22 Car. 2. cap. 1. But Observe further That now Their Exceptions by Act of Indulgence to Dissenters Majesties Protestant Subjects dissenting from the Church of England and qualified according to the late Statute of Indulgence are exempted from Penalties See Stat. 1 W. Ma. 24. Maii 1689. Provided no Popish Recusant have any Not to extend to Popish Recusants benefit Provided also no Congregation be allowed until the place of Meeting be certified to the Bishop or Arch-Deacon or Justice of the Peace c. And provided That if any Assembly of Dissenters not to keep their Meeting House Doors lock'd or barr'd c. Persons dissenting from the Church of England shall be had in any place for Religious Worship with the Doors lock'd barr'd or bolted during the time of such Meeting together All and every Person that shall come to and be at such Meeting shall not receive any benefit from this Law notwithstanding his taking the Oaths and making and subscribing such Declarations c. as are in the said Act contained 1 W. M. 24 Maii 1689. ☞ You shall true Presentment make of all Bloodshedding Affrays Outcries Rescues or other Offences committed or done against Their Majesties Peace within your Limits This Branch explains it self and it is When and where Constables must make their Presentments the Duty of High Constables and Petit Constables to attend upon aid and assist and execute the Warrants of the Judges of Assize at their Assizes and Gaol-Delivery and the Justices of Peace at their General and Special Sessions and other Meetings and there upon Oath and in Writing if it be required to make Presentment to them of things within their knowledge against the Peace and of such other things as are usually contain'd in Articles exhibited to them for that purpose As concerning Felons Hue and Cry Watch Punishment of Rogues Labourers Servants Apprentices Idle and Suspected persons the Assize of Bread and Beer Weights and Measures Bridges in Decay Alehouses Licensed and Unlicensed Gaming-Houses harbouring Rogues Tipling and Drunkenness unlawful and Unsealed Measures Defect of Highways c. and if they be Charged they must give Account to all the Particulars of their Office and for any neglect or fault therein Justices may punish them by Indictment or otherwise as in other like cases of neglect or contempt of them Note Most of these Things especially those which are common Nusances as corrupting the Air Water or Victuals by Filth or Carkasses c. stopping of the way and passage Deceit in Weights Measures c. Counterfeiting of Wares and the like the Constables c. are to present at Leets and give Information of the Offenders to the intent they may be punished as the Law requires See Bacon's Cases p. 28. ☞ Ninthly You shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace and others who have Authority in this County First observe That it s said a Justice of How the Constables ought to execute the Justices Warrants Peace may direct his Warrant to the Sheriff Bayliff Constable Headburrough Tithingman or any other Officer or any other indifferent Person by Name though he be no Officer See Dalt fo 332. 14 H. 8. 16. But some Acts of Parliament limit the Officers to whom he shall direct his Warrant c. Secondly Note That generally where a When a Justice makes his Warrant beyond his Power c. Justice of Peace hath Jurisdiction and Authority in the matter though he make his Warrant something beyond his power yet is not the Constable c. to dispute it but must Execute it and he shall be Excused as for Example If the Justice make a Warrant to arrest a Man for the Peace or good Behaviour c. and there is no cause for it yet the Officer shall not be punished for Executing the Warrant But it is otherwise where a Justice of Peace makes his Warrant for something to be done out of the Jurisdiction of the Justice or wherein he is no Judge and here the Officer may be punished if he Execute it and therefore may very well disobey it And it behoves an Officer at his Peril to take notice of the Authority and Jurisdiction of the Justice Dalt fo 334. Lamb. 67 94. Cromp. 74. 14 H. 8. 16. 10 Co. fo 76. Neither ought an Officer to obey a Notorious mistakes in a Warrant Warrant that has apparent and notorious mistakes in it as if it command him to levy of a Man 5 l. because he was Tipling in an Ale-House or had Sworn an Oath or the like where the Penalty amounts not to a tenth part or if it requires the Constable to do something not within his Precincts But otherwise where it is regular The Officer to whom such Warrant is directed ought with all speed and secrecy to Execute it Dalton fo 332. And Note a sworn Officer as a Constable Constable not obliged to shew his
any Disturbance Disturbing a lawful Settlement be made to any Settlement lawfully Ordered by the Justices either by the Constables refusing to receive and convey a Rogue where they ought to do it Or by the Churchwardens and Overseers of the Poor in refusing such a one as is duly sent to be setled there In such case they forfeit Forfeiture 5 l. by Stat. 29 Eliz. cap. 4. A. lives in a House at B. with his Children Lives in one Town Works in another but works in C. being hired there by the Year In this case its said his Children are setled in B. and not in C. in case of A's Death If a Woman unmarried be hired in one Child got in one place born in another Parish and there got with Child and then goes into another Parish and is there setled in Service or otherwise for two or three Months and then is found with Child and Deliver'd In this Case It s said she and her Child shall be setled in this Parish where she is and not be sent to the Parish where the Child was begotten Resol Judic Sect. 12. Concerning Bastard Children OBserve further That the two next Justices Punishing the Mother of a Bastard-Child c. may take order as well for the Punishment of the Mother of a Bastard-Child as also to compel her and the reputed Father to save the Parish harmless by allowing Mony weekly and may Imprison him or her if that Order be not performed The Justice also to discover the truth of the Matter may examin the Mother upon her Oath concerning the Father of the Child Dalt fo 37 38. 18 Eliz cap. 3. 7 Jac. cap. 4. If a Woman be Deliver'd of a Bastard-Child Bastard born in one Parish and carried into another in one Parish and then goes into another Parish with her Child In this Case the Child after it is Nursed is to be sent to and setled in the place where it was born and not to remain with the Mother Resol Judic Sect. 21. If A. have a Bastard-Child by B. born Bastard-Child kept 10 years with the reputed Father how to be setled after the Fathers death in D. and the reputed Father marries another Woman and they breed the Child 10 years in the Parish of S. the Mother of the Child being a single Woman and in Service all this while and then the reputed Father dies In this Case its said the Child is to be sent to the Mother first to be maintained by her if she be able and if not it must be kept by the Parish of S. where it was setled 10 years with the Father 2 Bulstr 350. Concerning the Putting forth and Binding Apprentices FOr the doing of this It must be observed What poor Children may be put out Apprentices First That they are to be such Peoples Children whose Parents are unable to maintain them and to be done with the consent of two Justices Stat. 7. Jac. cap. 3. Secondly That the Children so put forth Of what Age they ought to be and how long to be bound ought to be above seven and under fifteen years of Age when they are first bound and they may bind the Man-child till 24 years of Age and the Woman child till 21 years of Age or that she shall be married which shall first happen 43 El. 2. Dalton fo 83. Thirdly These Officers may with the What persons may be compell'd to take such Apprentices help of the Justices compel any man whom they think fit within the Parish to take a Poor mans Child with Mony or without as they see occasion Resol Jud. Q. 1. And if the Master and Officers cannot agree the Justices thereabouts or in their defaults the Sessions must end the Matter Dalt fo 95. Res Jud. Quest 2. Fourthly They may put them to Weavers Tradesmen Husbandmen Houswives Gentlemen c. Masons Dyers Fullers or any other Trade as well as to Husbandry or Housewifery And if all Men that have or may have use for Servants whether Knights Clergymen Gentlemen Yeomen or Tradesmen are bound to take Apprentices And if they be Rich though they Table themselves and alledge that they have no occasion for Servants yet they may be forced either to take them or give Mony towards the Placing of them with others And if they refuse to pay the Sum imposed upon them two Justices of Peace may make Warrants to levy the same by distress and Distress sale of the Offenders Goods Or they may Present and Indict such as refuse to take Indictment such Apprentices at the Assizes or Sessions of the Peace Stat. 43 Eliz. cap. 2. Dalton fo 83 95. Res Jud. Quest 4. So may the Parents of the Children be The Parent of the Children Indicted Indicted if they not being able to bring them up honestly refuse to part with them or if they shall entice their Children away after they are bound Dalton Just P. fo 78 96. If the Children shall refuse to go to be The Children sent to the House of Correction To be bound by Indenture and how Apprentices when ordered the Justices may send them to the House of Correction till they shall be content to be bound Dalt ut supra Note these Apprentices must be bound by Indenture the Indenture to be made between the Justices Churchwardens and Overseers of the Poor and the Apprentice of the one part and the Party that takes the Apprentice on the other part Or it may be said to be with the consent of the Justices The Form whereof is as followeth THis Indenture made the First Day of The Form of the Indenture December in the Third year of the Reign of our Sovereign Lord and Lady William and Mary by the Grace of GOD of England Scotland France and Ireland King and Queen Defenders of the Faith c. Annoque Domini 1691. Witnesseth That A. B. and C. D. Overseers of the Poor of the Parish of St Giles's in the Fields in the County of Middlesex and E. F. and G. H. Churchwardens of the same Parish by and with the Consent of J. K. and L. M. Esquires two of Their Justices of Peace for the same County have placed and by these presents do Place and Bind N. O. being a poor * Or you may say Son or Daughter of such an one unable by reason of his Age and great Charge to bring up and maintain his or her said Son or Daughter as the case is Fatherless Child as an Apprentice with P. Q. of the said Parish of St. Giles's in the Fields Taylor and as an Apprentice with him the said P. Q to dwell from the Day of the Date of these presents until he the said N. O. shall attain the Age of 24 †If it be a Girl you may bind her to 21 or Day of Marriage and a Boy may be bound to 24. Years according to the Statute in that
whereby he Commands an Inferior Officer to do something belonging to his Office are as follow First That the Warrant must be plain Rules and clear and not ambiguous and doubtful so that the Officer need not be forced to enquire what the Justice means Secondly That it be compleatly fill'd up and not left with Blanks in it Thirdly The usual form of the Warrant begins thus These are in Their Majesties Names to require you c. tho' it is sufficient to say These are to require you howbeit the Warrant doth carry the more Majesty in it when those Words are used in it Fourthly The Title of Direction may either be above the Warrant thus To the Constable of Dale Or in the body of the Warrant thus A. B. Esq c. To the Constable of D. Whereas c. Fifthly The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tithingmen c. Or To the Sheriff and to all Bailiffs High-Constables of Hundreds and Constables and Tithingmen of Towns and Parishes within the County of A. and every of them joyntly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To A. B. and C. D. both of E. in the County of G. and to either of them But this must be understood of Warrants of the Peace Good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom to send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor in this case the direction of the Statute must be punctually pursued for it is dangerous to vary from it ever so little But where the Justice is left at liberty to direct it to whom he pleases it hath been thought the best way to direct it to a common and known Officer which is the High-Constable of the Hundred or Constable of the Town c. Sixthly The Warrant for an Arrest may be to require the Officer to bring the Offender before the Justice that makes the Warrant or before him or some other Justice of the County and either way is good Seventhly In every Warrant of the Peace or Good Behaviour where Sureties are to be found the Warrant ought to contain the special Cause or Matter that the Party arrested may provide Sureties But if it be for some great Crime the cause may be concealed Eighthly In every Warrant to command an Officer to carry a man to Gaol 't is usual to insert a Clause to the Gaoler at the end of the Warrant to this purpose That you him convey to the Common Gaol of this County and him deliver to the Gaeler or his Deputy there who are hereby required him to receive and detain until he shall from thence be delivered by due course of Law And note that 't is usual and a good Close of every Warrant sent to an Officer to require him to give an account how he hath executed it in this manner And that you be then there with this Precept to give us an account of your Execution of it Or thus That you give me an account within 14 Days next following of your Execution of my Warrant Ninthly Note there is very little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little only in the Form Tenthly Where a Statute doth give Power to a Justice of Peace to compel men to do any thing he may send his Warrant to require them to come before him and if they refuse he may proceed at Law Eleventhly The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel Appearance or Attendance there or Execution of any thing there done under their own Hands or by the Clerk of the Peace as the business of the quarter-Quarter-Sessions is done Twelfthly Observe That where a Statute is penned thus that the Constables or Churchwardens by a Warrant from a Justice of Peace shall be enabled to do a thing in this case the Justice may justifie the making of such Warrant Some Precedents of Warrants 1. WArrants and Precedents relating to the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires Forcible Entries Forcible Detainers Riots Routs and Unlawful Assemblies Security of the Peace and Good Behaviour or other Misdemeanors or Offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of the Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty-Constables or to all or any of them to make search for the Traytors or Felons and also for stoln Goods The Form of a Warrant to Apprehend a Traytor J. G. Esq One of Their Majesties Justices of the Peace within the County of N. To the Sheriff of the said County and to all High-Constables Petty-Constables and other Their Majesties Officers Greeting c. Whereas L. M and R. S. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in Their Majesties Names streightly to charge and command you and every of you upon sight hereof without delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the Bodies of the said L. M. and R. S. and them and either of them so found to arrest and attach and immediately upon such arrest to bring before me at my House at B. in the said County Whereof fail not at your peril Sealed with my Seal and Dated the 7th Day of M. in the Third Year of the Reign of our Sovereign Lord and Lady William and Mary King and Queen c. The like Warrant may be made for the apprehension of Felons A Warrant for keeping the Peace Essex ss A. B. and C. D. Esquires To the Sheriff of the same County and to all High-Constables and Petty-Constables and other Ministers and Officers appointed to keep the Peace within the same County Greeting Whereas we are informed that there is a great Meeting appointed to be had at E. within this County upon the 1st Day of February next under pretence of a Fair then and there to be kept or under pretence of a Cock-fighting to be there had or under pretence of a Race to be there Run and the like when and where by occasion or under colour thereof it is suspected there may be some notorious Breach of the Peace by a Fray Riot Insurrection or otherwise For the preventing whereof and the keeping of the
the people and if they only meet to such a purpose or intent although they shall after depart on their own accord without acting any thing Yet this is an unlawful assembly And if after such meeting as aforesaid they move forward towards the execution of their intent though they put it not in execution yet it is a Rout and if they do put their intent in execution and do any such thing indeed Then 't is called a Riot And if three 4 or more do enter into Lands with force upon the Possession of another though their Entry be lawful yet it s a Riot because 't is prohibited by the Stat. to enter into Lands and Tenements with force or a multitude of People 5 R. 2. 7. 15 R. 2. 2 c. Cromp 68. Dalt fo 57. 8. Lambert 179 181. 3 of d pt and Instit fo 176. And if any Constable or any private Person of the same County do refuse to attend and assist the Justices of Peace upon Request to remove a Force or to convey the Parties to the Gaol he may be Imprisoned for his Neglect and make Fine to their Majesties 15 R. 2. ca. 2. Dalt ca. 22. fo 57. If therefore 3 or more meet with an evil How they depend one on another intent to act 't is an unlawful Assembly if they continue and move forward 't is a Rout and if thereupon they commit any mischief 't is a Riot Yet it s said there may be a Rout where Exception there was no unlawful assembly or evil intent as in the case of a Man's going or Riding to the Sessions Market Fair or other assembly of company with his Servants in Harness though he hath no intent to Fight or commit any Riot Yet this is a Rout by the manner of his coming for the Stat. faith That no man shall bring any Force in affray of the Peace Nor shall go armed in Fairs Markets or elsewhere upon pain of Imprisonment and forfeiture of his Arms. Stat. 2. Ed. 3. 3. And all these 3 both Riot Rout and Unlawful Punishment thereof Assembly are punishable and fineable to their Majesties And these things are to be observed as Observations concerning Riots c. to all That the unlawful Assembly and Rout must be of 3 Persons or more as must also a Riot which is the most dangerous of all 3 and consequently most to be punished Stat. 13. H. 4. 7. Dyer 210. That an Assembly of 3 persons or more 3 Persons which is not to the terror of the People nor to do some act with Force and Violence against the Peace is not unlawful nor prohibited by any of the Statutes May-Games and Sports So it s said that the Assemblies that be used upon May-day to fetch in May-boughs or Flowers so assemblies at Church-ales Whitson or Midsummer-ales so assemblies at the fetching home setting up or Danceing about a Maypole so the assemblies at the Bating of a Bull or Bear or at the moving or making of Dole or Revel-Mead so the assemblies of Minstrels and their Fellows at certain places and times allowed by old and ancient Customs are not unlawful See Poulton de pac Regis Regne Tit. Riot c. Sports may become Riots But notwithstanding such Companies may fall into Riot by quarreling and taking of parts and such Siders and partakers to the Quarrels shall be adjudged Rioters but not the Residue 22 H. 6. 37. ☞ Thirdly The Constables are sworn Apprehending of Felons upon Complaint to use their best endeavour to apprehend all Felons Barretors c. and upon resistance to levy Hue and Cry and pursue them c. The Law accounts any Offence Felony Felons what that is in degree next unto Petit Treason and compriseth divers particulars under it As Murther Theft Sodomy Rape Wilful burning of Houses and the like also Robbery which is a Felonious taking away of any mans Goods from his person or presence against his will putting him in fear and of purpose to steal the same Goods And this is sometimes call'd Violent Theft which is Felony for Two pence West Sect. 60. tit Indictments Crompt p. 32. 4 Co. 124. b. Therefore such as commit such Felonies be called Felons Baretors are Deceivers and common Barretor what Wranglers that set men at odds and are themselves never quiet Lamb. Eir. p. 342. saith a Barretor is a vile Knave or Unthrift If Felons and Murderers be in a Town Notice of Felons given to the Constable or Village and the Constable Headburrough c. have Notice of them it is their Duty ex Officio to gather Men together and apprehend them And if any Felon be taken it is the Constables Office to see him conveyed to Gaol And if any man will lay Murther or Felony to anothers charge he may declare it to the Constable and the Constable ought upon such Declaration or Complaint to carry him before a Justice and if by common Voice or Fame any man be suspected with cause the Constable of duty ought to arrest him and bring him before a Justice to be examined Fitz. Just P. 201. 1 R. 3. 3. Lamb. 17. If any House be suspected for receiving Constables search or harbouring of any Felon the Constable upon Complaint or common Fame may search both for the Felon and Goods stolen And so it s said any other man as well as an Officer may arrest and keep in hold such a man as he doth know to have committed any Felony Dalton 289. If any fly upon a Felony the Constable Constable to raise Hue and Cry ought to raise Hue and Cry to take him and in the mean time to seize his Goods and to Inventory them in the presence of honest Neighbours for his Goods and Chattels are forfeited if he be guilty and in some cases his Lands too Fitz. J. P. 201. Hue and Cry signifieth the pursuit of Hue and Cry what one having committed Felony by the High-way and if the party robb'd or any in the company of one murthered or robb'd come to the Constable of the next Town and will him to raise Hue and Cry or to make pursuit after the Offender describing the Party and shewing as near as he can which way he is gone the Constable ought forthwith to call upon the Parish for Aid in seeking the Felon And if he be not found there then to give the next Constable warning and he Warning for fresh Suit the next until the Offender be apprehended or at the least until he be thus pursued to the Sea-side Bract. l. 3. tract 2. ca. 5. Smith de Repub. lib. 2. cap. 20. Stat. 13 Ed. 1. cap. 3. 28 Ed. 3. cap. 11. 27 Eliz. ca. 13. Crompt 160. b. The Constables and Officers of every Search Town to which Hue and Cry shall come ought to search in all suspected Houses and Places within their limits And as well the Officers as all other persons
which shall pursue the Hue and Cry may attach and stay all such persons as in Suspected persons their search and pursuit they shall find to be suspicious and thereupon shall carry them before some Justice of Peace of the County where they are taken to be examined where they were at the time of the Felony committed and if any default be in the Officers they may be fined by the Justices for their neglect Dalt cap. 28. fo 75. No Hue and Cry shall be deemed legal Nota. unless the pursuit be both by Horse and Foot 27 Eliz. 13. And the Hundred where fresh Suit shall Hundred Fin'd for not making Fresh suit cease in case of Robbery shall answer half the Damages to the Hundred wherein the Felony shall be committed to be recovered in any Court at Westminster in the Name of the Clerk of the Peace of the County wherein the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the Suit When in this case Damages are recovered Tax how to be levied against any one or some few Inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of the Peace one being of the Quorum dwelling within or near the same Hundred shall for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables and Headburroughs of every Town shall tax the particular Inhabitants and levy the Mony upon them by distress and sale of Goods and deliver the Mony levied to the said Justices or one of them and restoring the Overplus to the party distrain'd 17 Eliz. 13. And note That no Hundred shall be One of the Felons taken chargeable when any one of the Malefactors shall be apprehended or when the Action is not prosecuted within one year after the Robbery committed 17 Eliz. 13. Concerning Escapes c. THe voluntary letting of a Felon to Concerning Escapes suffered by Constables Escape before he be arrested for the Felony is no Felony in the Party that suffereth him to Escape But if the Constable suffers one to Escape when he knows he hath committed a Felony in such case he may be Indicted and Fined for suffering the Escape And it s said That if the Felon be under Voluntary Escape made Felony arrest of the Constable or any other for Felony or Suspicion thereof and the Constable or other person who so hath him a Prisoner voluntarily le ts or suffers the Felon to go at liberty where he will this is Felony in the Gaoler Constable or other person that so letteth him Escape but it is no Felony in the Prisoner because he broke not the Prison But if such a Prisoner shall Escape Negligent Escape by the negligence of his Keeper and against his Will and knowledge then it is Felony in the Prisoner because a breach of Prison and the Gaoler Constable c. may be Fined by the Judges or Justices for such Escape Stamf. 32 44. Dalton fo 272. Bro. Escape 31. Dyer 99. If a Constable or other Officer voluntarily Felon destroys himself suffer a Thief to kill hang or drown himself this is said to be an Escape and Felony in the Constable But if this be done unawares to the Constable and without his consent then is such an Escape but negligent and fineable And note that such a Thief so Constable fined killing or drowning himself is said to be Felo de se in reference to the destroying himself Dalton fo 272. If a man be arrested only on suspicion Where the Constable may discharge the Prisoner of Felony and it appear afterwards there was no such Felony committed then may the Constable or Officer discharge the Prisoner and it is no Escape where there was no Felony But on the contrary if one be arrested upon Suspicion and there is really a Felony committed and though after the Arrest the Officer is satisfied that the Party arrested is not guilty Yet he cannot discharge him but he must be set at Liberty by due course of Law for otherwise it will be a voluntary Escape and Felony or at least fineable Dalton fo 275. Cromp. 40. If a Private person as he may in many Arrests made by Private persons cases arresta nother as in case of a dangerous Affray Suspicion or knowing one to have committed Felony or one that is apparently about to commit a Felony or one that hath dangerously Wounded another or Night-Walkers that are dangerously suspicious c. He ought to carry and deliver the Prisoner to a Constable Headburrough Constable charged or Tithingman c. and they are bound to secure the Party arrested Dalton fo 338. 20 Ed. 4. 6. And note That where a Constable or Prisoner Pinion'd and Fetter'd Officer shall imprison any Felon in the Stocks he may lock the Stocks and may also if he see need put Irons on the Prisoner And when he is about to convey him to the Justice or Gaol he may Pinion him or otherwise to secure him that he cannot Escape Dalton fo 342. And when the Constable carries any How the Constable may deliver up the Prisoner such Felon or suspected Felon to the Gaol the Gaoler is obliged to receive him But if he refuses then the Officer may either keep the Prisoner in his own House or carry him back to the Town where he was taken and the Town in the last case it s said shall be charged with the keeping of him until the next Gaol-delivery where upon Complaint against the Gaoler they will punish him for his Refusal Dalt 340 341. 10 H. 4. 4 Ed. 3. ca. 10. Poulton Prison 6. But it may be the best and safest way to carry him to a Justice if conveniently it may be done In case where a Justice of Peace Constable Felon taken in another County or other Officer comes to a Felon to arrest him and he perceiving it flies into another County before he can be taken and he is there taken in such case the Felon must be carried before some Justice of the Peace of that County where he is taken and must be committed to the Gaol of that County altho' the Felony was committed in another County Dalton fo 340. Bro. Impris 25. ☞ Fourthly To see the Watch be duly kept in the Town c. The Constables c. of every Town are Watch in what time of the year to cause Night-Watch to be kept from Ascension-day till Michaelmass from Sun-set until Sun-rising viz. in a City with Six men at every Gate in a Burrough with Twelve men and in every Town with Six or Four men according to the number of the Inhabitants there If any Stranger pass by them he shall be arrested until the Morning when if they have no suspicion of him they shall let him go quit but if otherwise they shall deliver him to be safely kept c. And
Rogues and if any threaten so to do unless he give good Sureties for the discharge of the Parish he may be sent to the House of Correction See Dalt ca. 47. Resol Jud. Sect. 4. 5. If the Constable neglect his Duty he Forfeitures for not apprehending Rogues c. forfeits 10 s as before and such as disturb or hinder the Execution of the Law forfeit 5 l. as before So every Person that shall not apprehend such Rogues as he shall see or know resort to his House to Beg c. and shall not carry them to the next Constable shall forfeit 10 s. as before 39. Eliz. ca. 4. 7 Jac. 4. Yet any Justice of the Peace may reward Reward for apprehending Rogues c. any Persons who shall apprehend and bring before him any Rogue Vagabond or sturdy Beggar by granting to such Persons under his Hand and Seal to the Constable or Tything-man of the Place through which the Rogue did pass unapprehended ordering him to give such Person 2 s. for every Rogue so taken on pain of being proceeded against according to the Statutes of 39. Eliz. 1. Jac. 7. And out of the Mony forfeited by the Constable upon the Statute 1 Jac. the Justice may allow the said 2 s. Stat. 13. 14. Car. 2. ca. 12. which Statute being expired was 1 Jac. 2. reviv'd for 7 years And so they that apprehend Vagabonds Rogues atprehended on the Confines of a County c. at the Confines of a County which passed through any Parish in another County unapprehended may go to a Justice of Peace of that County where such Rogue c. was not apprehended who upon Certificate from some Justice of Peace of that County where such Rogue c. was apprehended may grant such Warrants to the Constable to reward them as aforesaid and in case of the Constables refusal to pay the Justice of the County through which the Vagabond passed unapprehended may cause the Constable there to pay to such Person or Persons as apprehended him or them 10 s. or so much thereof for their Expences and loss of Time as he thinks fit which he forfeited by 39 Eliz. See Stat. 13 14 Car. 2. ca. 12. revived for 7 years Also Constables Headburroughs and How Constables are to be repaid their Charges in conveying of Rogues c. Tything-men out of Purse for conveying Vagabonds c. to Houses of Correction or Work-houses They the Constables c. the Churchwardens and Overseers of the Poor and other Inhabitants in the Parish may Tax all chargeable by the Stat. 43 Eliz. Chap. 2. which Rate being affirmed under Hand and Seal by two Justices of the Peace they may levy it by Distress and sale of Goods 13 14 Car. 2. ca. 2. See Wing Abridg. of Stat. Tit. poor People Note This Statute 13 14 Car. 2. cap. 12. Except what concerned the Corporations of Workhouses within the Weekly Bills of Mortality was but to continue till the next Session But 19 May 1 Jac. 2. it was revived for 7 years and to the end of the next Session Note That if the Constable or Tithingmen Constables c. fined for not searching for Rogues according to Warrant and for not giving an Account how many have been Convicted neglect to make privy Search for Rogues upon Warrant from the Justices of Peace and to appear before the Justices at their Meeting appointed for that purpose to give an Account upon Oath in writing under the Ministers hand testifying what Rogues c. they have taken in that Search or since the last Meeting and how many have been punished or otherwise sent to the House of Correction Or if they neglect safely to convey such to the House of Correction as by the said Justices Warrant are to be committed thither they are to incur what Fine the Justices please to set upon them so that it exceed not 40 s. 7 Jac. 1. cap. 4. We have spoke before concerning Wandring Labourers refusing to work for reasonable Wages having no other livelyhood Yet you may observe That the Constable Constables may set on work Labourers c. in Hay or Corn harvest c. has power ex Officie to set on work all Artificers or Mechanick Tradesmen fit to labour by day upon Request to him made by any person that wants help in Hay or Corn Harvest And if they refuse he may set them in the Stocks two Days and one Night and if the Constable neglect his duty herein he shall forfeit 40 s. Stat. 5 Eliz cap. 4. We spoke before of Servants leaving Servant departing from one Service in one Town to another Service in another Town c. without a Testimonial their Services without Testimonial c. 'T is true these Testimonials now are seldom regarded yet the Law gives a great Penalty in this case For the Master that retains a Servant without a Testimonial forfeits 5 l. And every Servant which sheweth not a Testimonial to the Chief Officer in a Corporation or to the Constable Minister or Churchwardens where he is to dwell may be Imprison'd till he can get one which if not procured within 21 days or if he produce a false he is to be whipt and used as a Vagabond Statâ— 5 Eliz. Chap. 4. These Testimonials if in a Town Corporate Who must make the Testimonials are to be under the Hands and Seals of the Town and two Housholders there and in the Country under the Seals of the Constable or Constables and two Housholders there Which Testimonial shall be made and delivered to the Party and also Registred by the Minister of the place where the Servant dwelt for which the Minister is to have Two pence Note No Penalty for not delivering a Testimonial to the Servant The Form of the Testimonial is this MEmorandum That A. B. Servant to The form of the Testimonial C. D. of J. in the County of E. Husbandman Taylor or the like in the said County is Licensed to depart from his said Master or Mistress or Dame as the case happens and is at his liberty to serve elsewhere according to the Statutes in that case made and provided In witness whereof We have hereunto set our Hands and Seals the 26th Day of October in the Third Year of the Reign of our Sovereign Lord and Lady King William and Queen Mary Anno Dom. 1691. A. B. Constable of I. C. D. Housholder there E. F. Housholder there One would wonder how so strict a Law should be so soon disused but it may be for that it found a great Inconvenience for a Servant to get such a Testimonial however the Law is still in force As to this Branch of the Oath that Night-Walkers concerns Night-Walkers and such other Idle persons I have spoke of that before in the Duty of the Constable and his Watch. Yet it is said That any Private man may arrest Night-Walkers however then he must deliver them
to a Constable and they may be bound to their good Behaviour by a Justice See 2 E. 3. 6. Dalt fo 16. Poult 18. Lamb. 122. For the rest of the Idle persons I think Orchard-Robbers Hedge-Breakers Wood-Stealers c. we may reckon up such as cut down Wood or Corn or rob Orchards and the like And therefore observe That all such as shall be convicted before a Justice of Peace for cutting and taking away of Corn growing Robbing of Orchards Breaking Hedges c. and their Procurers and Receivers knowing the same if they cannot make such Satisfaction as the Justice shall think fit the Justice may then commit them to the Constable to be Whipt either for the first or second Offence and if the Constable refuse or neglect to see them Whipt the Justice may commit him to Gaol till he will do it or procure it to be done Stat. 43 Eliz. cap. 7. And by the Statute 15 Car. 2. cap. 2. Constables Constables may apprehend suspected persons Headburroughs or other Inhabitants in County City or Town Corporate c. may apprehend whom they suspect having or conveying any Wood Underwood Poles or young Trees Bark or Bast of Trees or any Gates Stiles Posts Pales Rails Hedge-wood Broom or Furze and by Warrant from a Justice of Peace the May search suspected Houses Officers may search the Houses and other places belonging to those they suspect and where they find any may carry persons suspected for cutting and taking the same before a Justice of Peace of the County City or Town Corporate where if they give not such account how they came by them as doth satisfie the said Justice or in convenient time to be set by the Justice produce not the Party of whom they bought the same or some Witness to depose upon Oath such Sale shall be deemed as Convicted within the meaning of 43 Eliz. cap. 7. and be liable to the Punishment Punishment therein contain'd And also for the first Offence shall make such Recompence and within such time as the said Justice shall appoint and pay to the Overseers for the Poor of the Parish where the Offence was committed such Sum not exceeding 10 s. as such Justice shall think meet and in default thereof to be committed to the House of Correction for any time not exceding a Month or else to be Whipt by the Constable c. and for the second Offence to be sent to the House of Correction for a Month and be kept to hard Labour and if convicted of the third Offence they shall be deemed Incorrigible Incorrigible Rogues Penalty upon the Buyer of stoln Wood. Rogues 15 Car. 2. cap. 2. And if any person buy Wood c. of any other justly suspected to have stoln the same and this be so found upon Examination before a Justice the Justice may order the Buyer to pay the treble Value thereof to the Party from whom it was taken and in default of present Payment make a Warrant to the Constable to distrain for it and for lack of Distress to commit the Party to the Gaol at the Parties own charge there to remain one Month without Bail or Mainprize 15 Car. 2. cap. 2. But non shall be questioned upon this How and when to be prosecuted Law that hath been punished for the same Offence by any former Law nor after six Weeks after the Offence committed shall any Question thereof be made 15 Car. 2. cap. 2. ☞ Sixthly To have a watchful Eye to such as shall keep Common and Unlawful Gaming-Houses and to such Persons as shall frequent the same Every Mayor Sheriff Bailiff Constable Search for Gaming-Houses c. 48 s. and other Head Officer within every City Burrough or Town shall make due search once every Month at least in pain to forfeit 48 s. for every default in all such Houses and places where unlawful Games Imprisonment till Security shall be used and may arrest and imprison as well the Keepers of the House as the Resorters thereunto until they shall severally give good Security at the discretion of the Justices or such Officers not to keep such Games any more 33 H. 8. ca. 9. And for distinguishing what are unlawful Unlawful Games and Gamesters Games and who are unlawful Gamesters It is Enacted by the said Statute 33 H. 8. cap. 9. That no Artificer or his Journyman no Husbandman Apprentice Labourer Servant at Husbandry Mariner Fisherman Waterman or Servingman shall play at Tables Tennis Dice Cards Bowls Clash Coyting Loggating or any other unlawful Game out of Christmass or then out of their Masters house or presence in pain of 6 s. 8 d. But this Act shall not restrain a Servant by his Masters Licence to Play at Cards Dice or Tables with the Master himself or other Gentlemen resorting to his Masters House And if his Master have Freehold of 100 l. per Annum he may also Licence his Servants to play at Bowls or Tennis 33 H. 8. ca. 9. And Note That all Licences to keep Licenses void Houses or Places of Unlawful Games shall be void by Stat. 2 3 Phil. Ma. cap. 9. ☞ Seventhly At your Assizes You shall present all Offences contrary to the Statutes for the restraint of inordinate haunting and Tipling in Inns c. for the repressing of Drunkenness and profane Swearing No Innkeeper Victualler or Alehouse-keeper No Alehousekeeper to suffer Tipling shall suffer any Town-Dwellers to sit Tipling in his House in pain of 10 s. nor sell less than a full Ale Quart of the best Ale or Beer or two Quarts of the small for 1 d. in pain of 20 s. And here the View of one Justice or proof by one Witness upon Oath or the Parties own Confession before one Justice is sufficient Conviction 1 Jac. 9. And the Oath of Conviction 1 Jac. 9. 21 Jac. 7. 1 Car. 4. Distress the Party confessing shall convince any other The Penalties aforesaid are given to the Poor of the Parish where the Offence is committed and are to be levied on Warrant by the Constable and Churchwarden by Distress which after six Days may be sold to satisfie the Penalty And in default of Distress the party Delinquent must suffer Imprisonment till he pay the Penalty Imprisonment And here every Officer that neglects to levy the said Penaltie or certifie within 20 Days the default of Distress shall forfeit likewise to the Poor 40 s. to be Officer forfeits 40 s. levied upon Warrants from one Justice by distress and sale as aforesaid and upon default of Distress shall incur Commitment as aforesaid The Officers or other Parties receiving Officers accountable these Penalties shall be accountable to the succeeding Officers and other Parishioners One convicted of Drunkenness in Court One convicted of Drunkenness or before a Judge or Justice in their several limits or by the View of one Justice or proof by one Witness upon Oath
Butcher 6s 8d any for him kill or sell any Victual upon the same day in pain of 6 s. 8 d. 3 Car. 1. cap. 1. Here the Conviction of the Offender Conviction by View or two Witnesses c. and the levying and employment of the Forfeitures are the same with those of the former Statute save only that here two Witnesses are necessary This Action shall be prosecuted within six Months and here also the Officer may plead the General Issue Stat. 3 Car. 1. General Issue cap. 1. And note That a Churchwarden may levy 12 d. upon such Persons as repair not every Sunday to some Church or Chapel by 1 Eliz. cap. 2. But by 3 Jac. 4. he must levy it by Warrant By the Act of Indulgence he may go to Meeting or Conventicle See more of this hereafter in the Duty of Churchwardens All Laws in force concerning the Observation Penalties on such as shall Work or Sell on the Lord's-Day of the LORD's-Day shall be put in Execution None shall do any worldly Labour or Business on that day Works of Charity and Necessity only excepted and all of the Age of 14 years or upwards offending in the Premisses shall forfeit 5 s. And no person shall publickly Cry or 5 s. expose to Sale any Wares whatsoever on that Day on pain to forfeit them 29 Car. 2. cap. 7. Quaere If selling Drink called for be an Exposing of Wares c. No Drover Horse-Courser Waggoner Butcher Higler or their Servants shall Drover Higler c. 20 s. Travel on that Day on pain to forfeit 20 s. No person shall use or Travel on the Boatman and Passenger 5 s. LORD's-Day with any Boat Wherry c. Except on extraordinary Occasion to be allowed by a Justice of Peace or Head-Officer of the place c. on pain to forfeit 5 s. 29 Car. 2. cap. 7. The Justice of Peace or Chief Officer of Seizure of Goods exposed to Sale the City Burrough c. before whom the Offender is convicted by View Confession or Oath of one Witness shall give Warrant to the Constables or Churchwardens to seize the Goods cried or put to Sale and to sell them and to levy the other Penalties by distress and sale of Goods and in case of Inability c. to set the Offenders in the Stocks for two Hours Offender to be set in the Stocks The Penalties aforesaid to be employed to the use of the Poor of the Parish where the Offences are committed saving that any Justice or Head-Officer may out of them reward Informers so as such Reward Informers rewarded exceed not a third part of the Penalties 29 Car. 2. 7. This Act shall not prohibit Dressing of Toleration for Cooks Meat in Families or Inns Cooks Shops c. nor crying of Milk before 9 of the Clock in the morning or after 4 in the afternoon 29 Car. 2. cap. 7. No Persons on the LORD's-Day shall Serving of Process and Arrests serve any Process Warrant c. Except in cases of Treason Felony and Breach of the Peace but such Services shall be void and the Persons serving the same shall answer Damages as if they had done the same without Warrant 29 Car. 2. cap. 7. Disturbing Preachers ANy person Disturbing a Lawful Minister Disturbing of Ministers in their Preaching c. in Preaching Praying or Administring the Sacrament may be presently apprehended by the Constable or Churchwardens and carried before a Justice who may if he think fit commit him to safe Custody and within six Days after with another Justice if they find the Offence proved by two Witnesses commit Commitment him to the Gaol for three Months and from thence till the next Sessions where the Offender giving Security for his good Good Behaviour Submission Behaviour he may be discharged otherwise to be continued in Prison till he make submission And note That if any person rescues such Rescuing the Offender 5 l. an Offender he shall suffer Imprisonment and also forfeit 5 l. And also the Inhabitants of the place if they suffer him to escape forfeit 5 l. if they be presented at the County Sessions Stat. 1 Mar. Sess 2. cap. 3. Some think this Statute is repealed by 1 Eliz. cap. 2. See Dalt fo 103 104. But it is taken notice of in the Abstract of the Laws which its said Her Majesty lately commanded to be put in Execution See more hereafter of Disturbing a Protestant Dissenting Minister Popish Recusants POpish Recusants above 16 years of Popish Recusants Age shall within 40 days after their Conviction repair to their usual Dwelling and not remove above Five miles from Not to remove five Miles from their dwelling c. thence in pain to forfeit all their Goods and Lands and Annuities during life And if they have no certain abode then they are to repair to the place where they were Born or where their Father To give in their Names to the Constables c. or Mother dwells and within twenty days after their Arrival there to give their Names in writing to the Minister Constables and Headburroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headburroughs are to certifie the same to the next Quarter Sessions where the Justices of Peace shall cause them to be Inrolled See Wing Abr. Stat. tit Crown 35 Eliz. cap. 2. The Constables and Churchwardens of Constables to present Popish Recusants at the Sessions every Parish or one of them or if there be none such then the High Constables of the Hundred there are once every Year to present at the General Sessions of the Peace the Monthly absence from Church of every Popish Recusant and the Names of their Children being above the Age of Nine years abiding with their said Parents and of their Servants together with the Age of their Children as near as they can know them on pain to On Penalty of 20 s. forfeit respectively for every such default 20 s. Which Presentment the Clerk of the Peace or Town-Clerk shall Record without Fee on pain of 40 s. 3 Jac. 1. ca. 4. Abr. Stat. tit Crown If the Minister Petty Constables or Recusant refusing to take the Oath Churchwardens of any Parish or any two of them shall complain to a Justice of the Peace of any person suspected of Recusancy such Justice may tender the Oath of Allegeance to the Person suspected and if he refuse to take it may commit him to Gaol till the next Assize or Sessions Where if he again refuse he incurs a Premunire but if the Person suspected be a married Woman she shall only be continued in Prison without Bail till she take the said Oath Wing Abr. tit Crown 7 Jac. cap. 6. Dalt fo 10. Note That by a late Act 1 W. M. the old Oaths of Allegeance and Supremacy are taken away and new
Peace These are to authorize and require you and every of you that calling to your Assistance and Aid such a number of Persons as you shall think fit All which Persons are by us required to assist you and that you be then there provided during the same Meeting and by all the lawful waeys and means you can see the publick Peace be kept and preserved and the Breakers and Disturbers thereof punished And hereof and to give us an account of your doings herein within 14 Days after the same Day be past you are not to fail at your peril Given under our Hands and Seals at S. within the same County the 1st Day of c. Note That whatever the Justices of the Peace may do or the Sheriff or Constable ought to do in order to the keeping of the Peace the Justices may by 〈…〉 Warrant as this is command them 〈…〉 A Mittimus for Felony to 〈…〉 Middlesex ss A 〈…〉 To the Keeper of 〈…〉 his Deputy there being W◠〈…〉 withal the Bodies of ◠◠〈…〉 before us by J. K. of L. in the County of M. with Robbing him on Monday last and the taking of Ten Pounds from his Person which the said E. F. and G. H. upon their Examination confessed Note If the Felon upon Examination confess the Felony the Mittimus must say so for then he is not bailable Or thus Who stand charged before us upon the Suspicion of stealing Six Sheep being the Goods of N. O. Or thus Who is charged before us with a Suspicion of a certain Felony by him committed as it is said or otherwise as the case is Commanding you to receive the same E. F. and G. H. into the said Gaol and them there safely to keep until they shall be from thence delivered by due order and course of Law hereof fail you not at your peril Given under our Hands and Seals at P. in the said County the 1st Day c. Note That in every Mittimus care must be had to set down the Offence and the manner and time of Punishment A Mittimus of a dangerous Rogue to Bridewel Glouc ' ss A. B. and C. D. c. To the Master or Governour of the House of Correction or his Deputy there Whereas J. S. a sturdy Vagrant Beggar was this day brought before the Constable of D. and charged as well with Begging and idle Wandring abroad as also with other disorderly Behaviour so as he appeareth to us to be dangerous to the Inferiour sort of People contrary to the Laws of the Nation in that case provided These are therefore to require you to receive the said J. S. into your Custody and him safely to keep in your House of Correction until the next Quarter-Sessions to be holden for this County and that during all the time he shall continue with you and be in his good health you do hold him to work and punish him by putting Fetters and Gives upon him and by moderate Whipping of him and that you give him no more for his Maintenance than what he shall deserve or earn by his Labour and that you have the said J. S. and this Precept at the said next Quarter-Sessions A Pasport Sussex ss A. B. one of Their Majesties Justices of the Peace in the County aforesaid To all Constables Bayliffs and other of Their Majesties Officers of the same County and to every of them Greeting Forasmuch as the Bearer hereof C. D. being brought into great Poverty and Necessity hath desire to Travel unto the City of E. in the County of F. where he saith he was Born and hath some Friends yet living by whose means he hopeth to be greatly relieved In consideration whereof know you That I the said A. B. have Licensed the same C. D. to Travel and Pass the direct way from G. into the said City of E. so that his Journy be not of longer or further Continuance than 20 Days next after the Date hereof desiring you and every of you to permit and also to aid and relieve the said C. D. in his Journy so that he shew himself in no respect offensive to Their Majesties Laws In Witness whereof I have c. Note That in such a Passport the Party ought to be described lest he make any other partaker of the use of his Passport Unless he be a Rogue for then he always remains in the Constables hands THE TABLE CHAP. I. OF the Definition of the Title CONSTABLE Page 1 When Constables were first appointed 2 Of High-Constables 3 Of Petty-Constables ibid. Constables when and where to attend 6 Of the Choice and Fitness of Constables and of the Oath to be taken by them 7 When and where Constables c. may make a Deputy 10 The Form of the Constables Oath ibid. CHAP. II. OF the several Duties incumbent on all Constables after they are Sworn according to the particular Branches of their Oath page 13 The Heads of the Oath ibid. For the preventing and preserving the Peace ex officio 15 The Constables Authority about an Affray ibid. Of Hurting the Constable or his Assistant 17 Arresting persons Offensively Armed 18 Suppressing of Riots 19 Apprehending of Felons 22 Constables when and how to raise Hue and Cry 23 Hundred fined for not making Fresh-suit 24 Concerning Escapes suffered by the Constables 25 Constable sued for suffering a Felon that is in his Custody to destroy himself 26 Where the Constable may discharge the Prisoner ibid. Arrests made by Private persons 27 Prisoner pinnion'd and fetter'd by the Constable ib. How the Constable may deliver up the Prisoner ibid. Of Felons taken in another County 28 The Constable to see the Watch be duly kept in the Town c. ibid. Watchmen how to be qualified 29 The Constables Duty concerning Rogues Vagabonds and sturdy Beggers 31 Concerning Gipsies ibid. The Punishment of Rogues 34 After Whipping to have a Testimonial and the Form thereof 35 The Constables Forfeiture for not apprehending of Rogues 39 Reward for Apprehending of Rogues ib. Constables may set on work Labourers in Hay or Corn Harvest 41 The Constables Form of a Testimonial for a Servant that departs from his Master 42 Orchard-Rabbers Hedge-Preachers Wood-Stealers c. 44 The Constables Duty concerning Unlawful Gaming-houses 46 The repressing of Drunkenness and profane Swearing 47 The Penalties levied or the Officer forfeits 40 s. 48 Penalties upon such as use Unlawful Games and Pastime on Sundays 52 Penalties on such as work on the LORD's-Day 54 Against Disturbing Preachers 56 Concerning Popish Recusants 57 Recusant refusing to take the Oaths 58 Concerning Conventiclers 59 The Constable may break open the Doors to search for Conventiclers ib. How the Constable shall make Presentment of Bloodshedding Outcries Rescues or other Offences committed or done against their Majesties Peace within their Limit 61 When and where the Constables must make their Presentment ib. How the Constables ought to Execute the Justices Warrants 62 The Constable not obliged to shew his Warrant 64 Concerning the Constable taking the Offenders word for his Appearance 64 Arresting a wrong Person 65 Where the Constable may break Open the House 66 Punishment for such as Abuse the Justices Warrant ibid. Before what Justise the Offender must be carried ib. When Offenders must bear their own Charges of Commitment 67 CHAP. III. THe Constables Office about Seizing of Arms c. 68 A moving Papists 10 Miles from London and Westminster 70 CHAP. IV. COncerning the Bayliffs Constables Sheriffs c. stating their Accounts ibid. CHAP. V. THe Constables Office about Seizing of Cattle 71 CHAP. VI. THe Constables Office about providing Carriages c. for the King 73 CHAP. VII THe Constables Office about Cloth 75 CHAP. VIII THe Constables Office about their Majesties Customs 76 Concerning Taxes and Aid-Mony 77 CHAP. IX THe Constables Office about Distress for Rent c. 79 CHAP. X. THe Constables Office about Excise 81 CHAP. XI THe Constables Duty concerning Fish 82 CHAP. XII ABout French and other Prohibited Goods 83 CHAP. XIII ABout Highways Hay-Carts and Hogs Streets and Bridges 86 Penalty on Scavengers that neglect their Duty 92 CHAP. XIV Constables Duty concerning Horses 98 CHAP. XV. ABout Hunters and Hunting Dogs 99 CHAP. XVI ABout Malt. 100 CHAP. XVII ABout Physicians 101 CHAP. XVIII ABout the Plague 102 CHAP. XIX COncerning Maimed Souldiers 103 Of Quartering Souldiers ibid. CHAP. XX. ABout Tobacco 105 CHAP. XXI ABout Weights and Measures ibid. CHAP. XXII THe Power c. of a High-Constable alone 108 CHAP. XXIII THe Duty of Constables of London 110 Of the Duty and Office of Churchwardens 114 CHAP. XXIV CHurchwardens how Chosen ibid. How they may Purchese ib. About the Seats in the Church 116 Churchwardens Duty in making Rates 117 What are accounted Church-Reparations 118 What are accounted Ornaments ibid. Concerning Presentments 119 In what Acts Churchwardens must joyn with Constables 120 In what with Overseers of the Poor 121 Of the Office and Duty of the Overseers of the Poor 121 CHAP. XXV OVerseers of the Poor how appointed ibid. To be assistant to the Churchwardens 122 The Overseers care of the Poor ibid. Concerning Rates and setling the Poor 125 Concerning Bastard Children 129 Their Duty about Putting forth and Binding Apprentices 130 Forfeiture for not Burying in Wollen 136 Overseers to Account 137 Neglect of their Duty 138 The Office of a Surveyor of the Highways 138 CHAP. XXVI SUrveyors of the Highways when to be Chosen 139 Days set apart for Mending the Highways ibid. Penalties levied by Surveyors 141 What things the Surveyors may take from other mens Grounds without leave 142 Forfeitures of such as Travel with above five Horses at length 143 Fine upon the Surveyors for neglect of their Duty 144 Surveyors Accounts ibid. FINIS
The Compleat Constable Directing All CONSTABLES HEADBOROUGHS TITHINGMEN CHURCHWARDENS OVERSEERS of the POOR SURVEYORS of the Highways and SCAVENGERS IN THE Duty of their several Offices according to the Power allowed them by the Laws and Statutes Continued to this present Time 1692. Also Directions for the LONDON CONSTABLES To which is added A Treatise of Warrants and Commitments proper for the Knowledge of All Constables c. LONDON Printed by the Assigns of Richard and Edward Atkins Esquires And are to be sold by Abel Roper at the Mitre and Tho. Beaver at the Hand and Star near Temple-Bar 1692. in the mean time This Treatise was therefore upon Request prepared to supply the Defects of the Former and to be a New Guide for Constables c. but finding it would take up more time than was first supposed and not willing to send it out by Twilight or Naked We had the Patience to Compleat the Work and to add so much of all the late Statutes as concern Your several Offices with many other useful Rules and Observations and offer them to your View at Clear Day not doubting but you will think our Labour well continued our Rules and Observations very profitable and our Title most deserving to be Your c. A Compleat GUIDE for CONSTABLES c. The Newest GUIDE FOR Constables c. CHAP. I. Of the Definition of the Title CONSTABLE of the several names and kinds of Constables of their fitness Oath and Authority BEfore I set down the Duty and Office The derivation of the Constables Title of Constables it may be expected that I should shew something of the derivation and antiquity thereof and tho' there be some difference about it yet it is agreed by most that the word CONSTABLE is compounded of two Saxon words Cuning and Cyng signifying a Prince Lamb. fo 5. 4 Part of Cooks Inst fo 123. or King and Stable or rather Staple signifying a Stay or Prop and so Coningstable by contraction Constable is as much as to say The Prop or Stay of the King This word is diversly used in the Common Law As the Constable or Marshal of England Stamf. pl. Coron fo 65. which Office is discontinued and why it is so See Dyer fo 258. num 39. The Constable of the Tower Stamf. pl. Coron fo 152. 1 H. 4. ca. 13. Stow's Annals p. 812. The Constable of the Exchequer 51 H. 3. Stat. 5. Constable of Dover Castle Camb. Brit. p. 239. West 1. ca. 7. Anno 3 Ed. 1. Constable of the Forest Manwood part prim ca. 13. Stat. 32 H. 8. ca. 38. But the Constables for whose use this Guide is intended are either Constables of Hundreds otherwise High-Constables or Constables of Towns Burroughs Parishes Tithings c. called Petty-Constables Headburroughs Tithingmen c. When Constables c. where first appointed THese High-Constables as some say Lamb. 5. cap. 9. Rast 379. Smith de Rep. Angl. l. 2. c. 25. Dalton's Just of P. c. 16. fo 46. were first Ordained by the Statute of Winchester for the oversight of Armour Watches High-ways Hue and Cry and the like and afterwarde Petty-Constables for their aid and assistance were appointed But others think that by the ancient Common Law they were Conservators of the Peace within their several Hundreds and Limits 12 H. 7. fo 18. Crom. 6 222. That the Hundreds were derived out of See Dalton as before Counties first under the Goverment of Sheriffs but growing too great for their care were divided into Hundreds and that in every Hundred was ordained a Conservator of the Peace who was called the High-Constable See Lamb. Duty of Const p. 9. That these Hundreds also enlarging Burroughs and Towns or Tithings that is to say a Tenth part were appointed and within them also was ordained a Conservator of the Peace or Petty-Constable Others reckon That first the Tenths or Tithings were ordered and after of them were made up Hundreds and of these Counties or Shires so that there is no part of the Kingdom that lieth not within some County of which Counties or Shires one with another there are reckon'd in England XXXVII besides XII in Wale But to reckon either way it appears and High-Constables so at this day continues That High-Constables are properly for the whole Hundred Rape or Wapentake and their Power extends over the whole which do mostly comprehend many Parishes Tithings and Villages That Petty-Constables are for particular Petty-Constables Towns and Parishes within the Hundred and consequently for the aid ease and assistance of the High-Constables but their Authorities are only in such particular Towns or Parishes And That Borshoulders Tithingmen Headburroughs c. are for particular Burroughs Hamlets Villages and Tithings to which their Authority is limited And Note it was the Opinion of the Nota. Learned Sir Francis Bacon That tho' the High-Constables Authority hath a more ample Circuit he did not perceive that the Petty-Constable is subordinate to him from any Commandment that proceeds from his own Authority But it was used That the Warrants and Precepts of the Justices be delivered to the High-Constables who being few in number might better attend the Justices and then the High-Constables by virtue of such Warrants not their own Authority make their Precepts over to the Petty-Constables Bac. C. T. p. 22 30. And this also seems to be only in some Cases as where they are summoned to attend the Justices to make their Presentments and the like This seems to be the general Method Nota. tho' in some large Parishes and particular Places there are and may be several Officers called by the several names of Constable Headburrough and the like And tho' these Inferior Officers be called by several names yet their Offices in their several Precincts and Places are in effect one and the same the Name being only changed However the Office of a Constable seemeth Some Distinction between these Officers to be distinct and of greater Authority than theirs and some have held That Headburroughs Thirdburroughs Borshoulders Tithingmen c. being appointed in a Town or Parish where is also a Constable that they cannot principally meddle because in comparison of them the Constables are Head-Officers and the others but as Assistants to the present Constable tho' in the Constables absence they are chiefly to attend the service And that there are many things which the Constable may do wherein such Headburroughs Borshoulders c. cannot meddle See Dalton's Justice of Peace ca. 1. fo 34. Lamb. pag. 4. 6 9. 51 52 53 54 55 c. See 1 Jac. ca. 7. And yet in Towns and places where there are no Constables but only Headburroughs Borshoulders Tithingmen c. there their Power and Authority is declared to be equal to the Power of a Constable and in all Where their Authority is all one and the same such cases and things their Office and Authority are in a manner all one
here if any will not obey the Arrest they shall levy Hue and Cry upon him and for such Arrest of a Stranger none shall be punished Stat. Winchester cap. 4. 13 Edw. 1. 1. These Watchmen should be of able Body and sufficiently Armed Watchmen how to be qualified 2. No man is compellable to Watch except he be an Inhabitant within the same Town c. 3. That such as are Inhabitants within Their Order the Town are not compellable to Watch at the Will of the Constable but only when their Turn cometh unless it is the use and custom of the Place to do otherwise 4. If such as ought to Watch refuse upon command of the Constable the Constable Refusal to Watch. may complain of him to a Justice of Peace who may bind him over to his Good Behaviour and to answer at the quarter-Quarter-Sessions or the Constable may present him at the Assize or Sessions of the Peace And some have held that he may set the Party in the Stocks for his Contempt But this seems rather to be when the Party or some for him appears and yet will not be orderly as the Constable sees fit Dalton fo 141. These Watchmen are to apprehend all Watchmens Duty Rogues and Vagabonds Night walkers Eves-droppers Scouts and the like and such as go Arm'd And though it be said That if a Their Examining of Passengers Stranger pass by them he shall be arrested until the Morning The use and custom is for Watchmen to examin them and if they find cause of suspicion in them then they may keep them till the Morning If not suffer him to pass and whether they be Horsmen or Footmen or Drivers of Cattle or the like or that shall carry any Burthen on Horseback the Watch may stay them till the Morning to justifie themselves unless they can render a good account both of themselves their Company and Carriage and if any Post come by them 't is good to know what number they have lest Offenders shelter themselves and slip away under their Convoy Dalton fo 140 292. And Note That the Constables c. are Nota and Quaere to be aiding and assisting to these Watchmen on all occasion But yet methinks there is no reason that the Constables should as some do think that their Word is an unalterable Law and that if a Person be taken in the Night on their Watch and they once give order for the carrying him to the Counter c. that they cannot upon his Submission or proof of being a Civil person call him back or discharge him For in the Case of an Affray after the Affray is over the Constable may set the Affrayer at Liberty again on his own head Therefore more reasonably he may in this Case though in the case of Felony or Suspicion thereof he cannot do it as is aforesaid ☞ Fifthly That the Statutes made for Punishing Rogues Vagabonds Night-walkers and such other idle persons be duely put in Execution This is a large Branch of the Constables Office and herein two things are to be known 1. What a Rogue is and who is to be accounted a Vagabond c. 2. What is to be done unto them Note therefore That all persons being Who are accounted Rogues above the age of 7 years Man or Woman single or married That wander from their usual place of abode every where Begging or if they do not Beg if they Wander and Loiter abroad without a lawful Pastport and give no good account of their Travel are accounted Rogues But ‖ Rogues Vagabonds and sturdy Beggars these following are of a higher degree and are to be accounted as Rogues Vagabonds and sturdy Beggers 1. Viz. All Scholars and Seafaring-men that Beg. 2. * 'T is Felony without Clergy for Gypsies to remain above a Month in England or Wales Wandring Persons using unlawful Games subtle Crafts or Plays or pretending themselves to have skill in telling Fortunes by the marks or figures in the Hands or Face or by casting of Figures all counterfeit Egyptians or Gypsies not being Felons 3. All Juglers or slight of hand Artists pretending to do Wonders by vertue of Hocus Pocus the powder of Pimper le Pimp or the like Tinkers Pedlers petty Chapmen Glass-men especially if they be not well known or have a sufficient Testimonial 4. All Proctors Patent-Gatherers except Proctors in this Sense are Gatherers for Fire Collectors for Gaols Prisoners or Hospitals wandring abroad Fencers Bearwards common Players of Enterludes and Fidlers or Minstrels wandring abroad 5. Persons delivered out of Gaols who beg their Fees or otherwise do Travel Begging such as go to and from the Baths and do not pursue their Licence Souldiers and Mariners that Beg and counterfeit Certificates from their Commanders 6. All Labourers which wander abroad out of their respective Parishes and refuse to Work for Wages reasonably taxed having no Livelyhood otherwise to maintain themselves and such as go with general Passports not directed from Parish to Parish And note also That all Servants departing out of their Service that is to say out of one City Town or Parish to serve in another having no such Testimonial as the Statute requires or producing a false one are to be punished as Vagabonds And so are such persons as are sick of the Plague or infected therewith and wilfully go abroad in Company against the command of Officers For all these things see Stat. 29. Eliz. ca. 4. ca. 17. 1 Jac. ca. 7. 21 Jac. ca. 28. Dalt ca. 24. Poult Vag 2. 7. Resoluc Judic 13 15. Next observe That Constables c. are The Constables c. are to apprehend all Rogues Vagabonds c. to use their best endeavours to apprehend all such Vagabonds Rogues or sturdy Beggars which shall be found and taken Wandring or Begging within their respective Precincts under the forfeiture of 10 s. for every neglect The same forfeiture is by such private persons as shall not apprehend Rogues c. being at their Doors And if any person bring a Rogue or Beggar to one of these Officers he is obliged to receive him and punish him according to Law or he forfeits 20 s. to be levyed by Warrant from 2 Justices Stat. 39. Eliz. ca. 4. 1 Jac. ca. 7. The Punishment is after this manner THe Constable Headburrough or Tythingman Rogues Vagabonds c. how to be punish'd assisted by the Minister and one other of the Parish is to see or do it himself That such Rogues and Vagabonds c. be stript Naked from the middle upwards and openly whipped till their Body be bloody and then forthwith to be sent away from Constable to Constable the next straight way to the place of their Birth and if that cannot be known then to the place where they last Dwelt by the space of one whole Year before the time of such their Punishment and if that cannot be known then to the Town through
Place on the Premisses charged with the Rent distrained for Replevy the same according to Law Then in such ease the Landlord or Person distraining may with the Sheriff or Under-sheriff of the County or with the Constable of the Hundred Parish or Place where such Distress shall be taken who are required to be aiding and assisting therein cause the Goods and Chattels to to be Appraised by two sworn Appraisers Goods to be Appraised and sold whom the Sheriff Under-sheriff or Constable are impower'd to Swear and afterwards sell the same for the best price towards the Rent and Charges of Distress Appraisment and Sale leaving the Overplus in the Sheriff or Constables hand for the Owners use Stat. 11 Maii 1690. primo Willielmi Mariae And the like may be done as to Sheaves Corn and Hay distrained for Rent or Cocks of Corn loose or in the Straw or Hay in any Barn or Granary or on any Hovel Stack or Rick which before this Act were not distrainable But note That these last mentioned Corn and Hay not to be removed till default of Replevin c. Goods c. are not to be removed from the place where found and seized but to be kept there as impounded until the same shall be replevied within the time aforesaid or sold in default of such Replevin 11 Maii 1 W. M. CHAP. X The Constables Office about Excise EXcise Men aliàs Gagers when Constables to assist Gagers and Excise-Men they intend to enter by Night into the Houses of Brewers Victuallers Distillers c. to Gage their Coppers Fat 's or Vessels or take an account of their Beer Ale Wort Perry Cyder Strong-Waters Metheglin Mead Coffee Chocolet Sherbet or Tea brewed made or distilled there are to take a Constable along with them 12 Car. 2. cap. 23 24. Note the Excise of Coffee is now paid in the Berry c. See primo W. M. 25 Julii 1689. concerning Distillers of Strongwaters c. Also Constables c. upon Warrant to To levy Penalties upon the Offenders against the Acts of Excise them directed from the Justices of Peace are to levy the Penalties upon the Goods of the Offenders against the Acts for Excise by distress and sale thereof rendring the Overplus and for want of Distress to carry the Party to Gaol till satisfaction be made 12 Car. 2. cap. 23 24. The Constables are also from time to To summons Brewers c. before the Commissioners time upon Warrant to them directed to summon all Alehousekeepers c. to appear before the Commissioners of Excise at the Days and Places in such Warrants appointed CHAP. XI About Fish Constables and Churchwardens by Constables are to levy the Penalties upon such as destroy the Spawn of Fish Warrant from a Justice of Peace are to levy the Penalties upon such as destroy the Spawn and Breed of Fish along the Sea-shoar or in any Haven or Creek or within five Miles of the Mouth of any Haven or Creek by fishing with Nets of a less Mesh than three inches and an half betwixt knot and knot except for the taking Smoulds in Norfolk only or with a Canvas-Net or other Engin. The Penalty is 10 s. to be levied by distress and sale of the Offenders Goods Note that in Corporations the Penalty may be levied by the Head Officers 3 Jac. cap. 12. To search for Nets and Engins used to destroy Fish Also Constables upon Warrants from the Justices of Peace in the Counties of Worcester Salop and Gloucester are to search for unlawful Nets or Engins used to take Fish in the River of Severn in all suspected Houses and to seize the unlawful Instruments and bring them to the quarter-Quarter-Sessions to be destroyed Stat. 30 Car. 2. cap. 9. CHAP. XII About French Goods c. prohibited NOne shall sell or offer to sale export Constables c. to search for French Goods imported or import Foreign Bone-lace Cut-work Embroidery Fringe Band-strings Buttons or Needle-work of Thread or Silk on pain to forfeit for selling or offering to sale as aforesaid 50 l. and the Goods themselves and for importing 100 l. and the Goods imported the one moiety to the King the other to him that will sue in Court of Record And the Constables upon Warrant to them directed from the Justices of Peace are to search for such Manufactures in Shops being open Warehouses and Dwelling-houses and to seize them Stat. 13 14 Car. 2. cap. 13. By an Act primo Williel Mar. for French Goods to be destroy'd prohibiting Trade with France Wines Vinegar Brandies and other liquid Commodities single or mixt shall be staved spilt and destroyed and Linnens Silks Paper and other Commodities mixt or unmixt shall be publickly burnt and destroyed And such Persons as presume to take up or save any of the said Commodities so to be destroyed Forfeitures shall forfeit 40 s. over and above the Value of the Goods And the Persons importing shall forfeit the full value thereof and the Persons keeping or selling any such prohibited Goods shall for the first Offence forfeit the full value thereof for the second double Forfeitures the value and be disabled to execute any publick Employment whatsoever And any person may seize such Goods in whose custody soever to the intent they may be destroyed And every Informer or Prosecutor that shall by collusion or fraud desist or delay his prosecution for any Offence against this Act shall upon Conviction forfeit 500 l. And all Sheriffs Mayors c. Constables Constables to be aiding and other Officers are enjoyned to be aiding in the due execution of this Act in reference to the Commodities aforesaid If any person not being a known Merchant Vintner or Shopkeeper shall sell or expose to sale any such prohibited Goods after Conviction in Their Majesties Court of Record shall suffer 12 Months Imprisonment without Bail above the Penalties Imprisonment Ship Forfeited 500l aforesaid The Ship or Vessel in which they are imported shall be forfeited and all the Furniture c. And the Master or other Person having Care of the Ship or Vessel in the Voyage or out of which any such Prohibited Goods shall be unship'd either at Sea or in Harbours c. into any Hoy or Boat shall forfeit 500 l. And the Justices may by Warrant apprehend him and upon the Fact proved by two Witnesses on Oath may commit him to the next Gaol for Imprisonment 12 Months without Bail or Mainprize And the Seamen Mariners or any other person assisting at the unshipping or conveying of any the said Commodities either by Land or Water shall upon such Proof be subject to like Imprisonment or Seamen c. Whipped be publickly Whipt at the discretion of the Justice of Peace before whom he shall be convicted And the Carts and other Carriages and the Cattle moving the same shall be forfeited one half to the Poor and the other to
the Seizor The Constables c. are upon Warrant Constables to levy the Forfeitures on such as sell Wine by Retail in unlawful Measures to levy by distress and sale of Goods the Forfeitures of such as sell Wine by Retail in Glass-Bottles or other Measures not made of Pewter and lawfully sealed Viz. 50s for every Offence the conviction to be by Confession or Oath of two Witnesses before one or more Justices of the County City or Place where c. and the Offender to be prosecuted within 30 Days Stat. 2 W. M. for the better execution of the former Act. And such as beat or abuse Informers Officers c. in the due execution of this Act may be the next Justice be committed to Prison till the Quarter-Sessions and there be fined not exceeding 5 l. and to remain till he be discharged by Order of the Justices or two of them CHAP. XIII About High-Ways Hay-Carts and Hogs Streets and Bridges THE Constables and Churchwardens Constables c. to choose Surveyors of every Parish shall yearly upon Tuesday or Wednesday in Easter Week call together some of their Neighbours and then make choice of Two within the Parish to be Surveyors of the High-Ways the Year following who shall forthwith take that Office upon them in pain to forfeit 20 s. apiece The said Constables and Churchwardens shall then Stat. 5 Eliz. cap. 13. 22 Car. 2. cap. 12. also nominate six Days betwixt that time and Midsummer to be set apart for the amendment of the Highways and shall give publick Notice thereof in the Church the next Sunday after Easter Stat. 2 3 Phil. Mar. cap. 8. By Stat. 22 Car. 2. cap. 12. they are to be chosen some day in Christmass Week by the Constables c. The Stewards in Leets have Power to Fines upon such as make default enquire after the breach of this Act and to set Fines upon such as make default at their discretion and shall within six Weeks after Michaelmass deliver indented Estreats thereof under their Hands and Seals viz. one to the Bayliff or High-Constable of the Liberty and the other to the Constables and Churchwardens of the Parish where the default was made 2 3 P. M. cap. 8. And in default of Presentment thereof in Leets the Justices of Peace in Sessions shall enquire thereof and set such Fines as they or two of them one to be of the Quorum shall think fit whereof the Clerk of the Peace shall deliver indented Estreats under his Hand and Seal within six Weeks of Michaelmass in manner as aforesaid And these Estreats of the Stewards of Leets or Clerk of the Peace shall be a sufficient Warrant for the Bayliff or Chief Constable to levy the said Fines by way of Distress and if no Distress can be found or the Party do not pay the Fine within twenty Days after lawful demand thereof he or they shall forfeit double so much All which Fines and Forfeitures shall be employed towards the amendment of the Highways 2 3 P. M. cap. 8. The Bayliff or High-Constable shall yearly betwixt the first of March and last of April render unto the Constables and Churchwardens unto whom the other part of the Estreats was delivered a true account of the Mony received by him in pain of 40 s. And the said Constables and Churchwardens have Power to call the said Bayliff or High Constable before two or more Justices of Peace one to be of the Quorum to pass his Account who have Power to commit him until he shall have satisfied all the Arrearages by him received save eight Pence in the Pound for his own Fee and twelve Pence in the Pound for the Fee of the Steward or Clerk of the Peace and in this case the succeeding Constables and Churchwardens have the same Power that their Predecessors had 2 3 P. M. 8. The Fines assessed in Sessions upon the Statute of 5 Eliz. 13. shall be Estreated by the Clerk of the Peace levied accounted and employed as by the Statute 2 3 P. M. 8. is provided Upon a Warrant from two Justices of Constables to levy Forfeitures in default of the Surveyors the Peace the Surveyors are to levy by distress and sale of Goods the Forfeitures upon the Statute of 18 Eliz. 10. in not scowring Ditches c. and if the Surveyors neglect to do it within one year after the Offence committed the Constable and Churchwardens shall do it according to the provisions of the said recited Statutes Stat. 18 Eliz. 10. And by a Statute 22 Car. 2. cap. 12. all Constable fined for neglecting his Office Constables and Surveyors of the High-ways neglecting to put the Acts touching repairing or enlarging Highways in execution or wilfully suffering any Waggons or Carts to pass in any other manner than by this Act is allowed upon conviction thereof by one Oath before one Justice or the Justices own view shall pay such Fine not to exceed 40 s. as such Justice shall impose And by this Statute no Carriage with Forfeitures of such as Draw with above five Horses in length any burthen other than such as are employed about Husbandry and in carrying Hay Straw Corn unthresh'd Coal Chalk Timber for Shipping Materials for Building Stones or Ammunition or Attillery for the King's service shall go in any Highway with above five Horses in length and if any Draw with more Horses or Oxen they shall all draw in Pairs except one Horse And every Owner of any Waggon Cart c. Horse or Beasts shall forfeit for every Offence 40 s. whereof one Third part to the Surveyors to amend the Highways one Third part to the Overseers for the Poor and one Third part to him who To be levied by the Constable Penalties upon such as neglect to labour towards Repairing the High-ways shall discover the Offender to be levied by Warrant to the High-Constable or other Officer The Surveyor upon neglect of any to come and labour shall complain thereof to the next Justices who upon Oath of one Witness shall levy for every days labour neglected without a reasonable cause 1 s. 6 d. for every Man and Horse 3 s. and for every Cart with two Men 10 s. for each days neglect And if any bring Actions against such as act by this Law they must be laid in the proper County and Defendants may plead the General Issue and recover treble Costs Stat. 22 Car. 2. cap. 12. Note That by an Act 20th Decemb. The Act for cleansing the Streets c. 2 Wi. Ma. for Paving and Cleansing the Streets in London and Westminster the Out-Parishes in Middlesex the Burrough of Southwark and other places within the weekly Bils of Mortality in the County of Surry It is Enacted That every person of the Inhabitants to sweep the streets before their Doors Parishes in Middlesex Westminster Southwark and weekly Bills of Mortality are twice in
every Week viz. Wednesday and Saturday to sweep the Streets before their respective Houses Walls and other publick places that the Dirt may be ready for the Scavenger upon penalty of 3 s. 4 d. for every Neglect They are not to throw any Dust Dirt Penalties on such as throw Dirt in the streets or Filth in the Streets or Alleys c. upon penalty of 5 s. nor to cast any filth or Noysom thing into any publick Sink Vault Watercourse or common Sewer or High-way or into any private Vault or Sink of any other Person but are to keep it till the Scavenger come and then deliver it them upon penalty of 20 s. for every Offence The Keepers of their Majesties Houses Keepers of their Majesties Houses c. Hooping and washing of Barrels c. in the streets Stables c. And Keepers of Courts of Justice and other publick places are lyable to these Forfeitures They forfeit 20 s. who Hoop Wash or Cleanse any Pipes Barrels or other Vessels in any Streets Lanes or open Passages and they forfeit the like who set out any Dung Soyl Rubbish or empty Coaches to make or mend or rough Timber or Stones to be sawn or wrought in the streets Scavenger every day except Sunday Penalties on the Scavengers Forfeitures shall bring Carts c. and give notice by Noyse and stay a convenient time till Dust c. be brought out to them on penalty of 40 s. for every neglect All open streets shall be repaired by Open streets how to be repaired Forfeitures House-holders and where the Houses be empty by the Owners upon penalty to forfeit 20 s. for each Perch and 20 s. for every week after till sufficiently paved One Justice of Peace or more where New streets how to be paved Forfeitures any new street is made may view it and if judged fit to be paved to certify under hand to the next Quarter Sessions of the Peace who are to order therein as they shall think fit and the Owners of every New-Built-house or Inhabitants are required to obey such Orders and the Offender forfeits 40 s. for each Perch and the like for every week till the same be paved This not to invalid any Custom or usage to the contrary The Parishes of S. Ann and S. James Parishes of S. Ann c. Rates and other things Custom of the City in the Liberty of Westminster shall choose Seavengers as by former Acts and the Rates and all other things shall be according to the Custom and Usage of the said City where not otherwise in the said Acts provided All the other Places and Parishes upon Scavengers how to be Chosen Monday or Tuesday in Easter week by the Constable Churchwardens Overseers Surveyors of the Highways and such other Inhabitants as are usually present at the Election of Parish Officers or the greater number of them shall make choice of two or more able Tradesmen to be Scavengers for the Year next ensuing and until others be Chosen c. who being Penalties upon Scavengers refusing to act approved and confirmed under hand of two Justices shall within 7 days take the Office upon them upon pain to forfeit 10 l. In which case others to be Chosen in manner aforesaid within 7 days after such refusal who shall be lyable to the like forfeitures The said Penalties to be levyed by Distress Constables to levy these Penalties by Distress and Sale by Warrant from one Justice of the Place directed to the Constables or other Officers of the same Parish or any two or more of them rendring the overplus reasonable Charges to be deducted for making the Distress The said Penalties to be paid to the Penalties how to be disposed of Surveyers of the High-ways and disposed of by them towards mending and repairing the High-ways and Streets of the same Parish Ward or Division In default of Distress within 6 days after Imprisonment for lack of Distress demand and not paid or after notice in writing left at the House to be committed to common Gaol by any Justice to remain until payment Within 20 days after the Election and Constables c. to make a Tax for the Scavenger to be paid by the Inhabitants Confirmation of the Scavenger The Constables Churchwardens and Overseers Surveyers or the greater number of them shall make a Tax to a pound Rate upon the Inhabitants which allowed by two Justices and being equal and reasonable shall be Quarterly paid upon demand to the Scavenger In case of refusal shall by Warrant of Distress Imprisonment two Justices be levyed by Distress c. and for wont of Distress by Imprisonment till payment Moneys Collected shall be accounted Scavenger to account for by the Scavenger to two of the next Justices within 28 days after a new Scavenger Elected And what remains in hand to be paid to the new Scavenger Those who refuse to account shall be Refusal to account and Imprisonment Assesment for repair of the High ways committed to Prison to remain without Bail until a true account made and what in their hands paid c. For repairing several High-ways in the said Parishes an Assesment may be made on all Inhabitants c. to be allowed by the Justices at their Quarter Sessions and levyed by such persons as they shall direct And what raised to be employed according to the directions of the Justices towards repair of High-ways and to be Distress and sate levyed by Distress and Sale if not paid within 14 days No such Assessment shall exceed in any Assessment what one Year 4 d. in the Pound for Real and 8 d. per Pound for Personal Estates Touching new Sewers Sinks and Vaults Concerning Sewers made since 12 Car. 2. they shall be subject to the Commission and Statute for Sewers as if they had been therein mentioned And the Commissioners Power touching them is the same Also for Lighting the Streets in the Penalties on such as hang not out Lights Night in any of the said Parishes or Places It is Enacted That every Houshoulder from Michaelmass until Lady-day yearly whose House is near the Street shall hang out Candles or Lights in Lanthorns every Night on the outside from the time it grows dark until 12 in the Night upon pain of 2s None shall suffer their Cart to stand in On such as stay their Carts too long in the Hay-market c. the Hay-market near Piccadilly or in Southwark or any Place within the Bills of Mortality loaden with Hay or Straw to sell from Michaelmass till Lady-day after Two of the Clock in the Afternoon and from Lady-day till Michaelmass after Three of the Clock in pain of 5 s. Every Truss of Hay between the 1st of How much Trusses of Hay must weigh June and 31st of August being new Hay shall weigh 60 pound old Hay 56 pound And those that after the 15th of
recovered by Action of Debt Stat. 5 Eliz. cap. 13. They may also by this Statute turn a Water-course Water-course hurtful to the Highway into any mans Ditch Owners of Grounds adjoyning to the Forfeitures on such as Trim not their Hedges Highways not keeping their Hedges low and cutting down Trees and Bushes growing over the same forfeit 10 s. Also they that scour not their Ditches next adjoyning to the Ground that is next the Highway to the end the Water may have the better Passage out of the Highway shall forfeit 12 d. for every Rod Stat. 18 Eliz. cap. 10. If any person scours his Ditch and Scourings thrown into the High-way throws the Scourings into the Highway and suffers it to lye there 6 Months forfeits 12 d. for every Load 18 Elix 10. These Forfeitures upon Stat. 18 Eliz. 10. Forfeitures how to be levied to be levied by the Surveyors by distress and sale and in their default not to do it within a Year then the Constables and Church-wardens by Warrant may do it If the Surveyors neglect to present the Forfeiture for not presenting Offences against Stat. 2 3 P. M. c. 8. 5 Eliz. c. 13. within one Month after they shall be committed forfeit 40 s. By the Stat. 22 Car. 2. 12. they are to Return of Defaulters return the Defaulters within a Month after every default to some Justice of Peace who shall present the same at the next Quarter Sessions By the same Stat. 22 Car. 2. cap. 12. no Forfeitures of such as Travel with above 5 Horses in length Carriage with any burthen other than such as are employed about Husbandry and in carrying Hay Straw Corn unthresh'd Coal Chalk Timber for Shipping Materials for Building Stones or Ammunition or Artillery for the Kings Service shall go in any Highway with above 5 Horses in length And if any draw with more Horses or Oxen they shall all draw in pairs except one Horse Owners of Carriages or Beasts One Third to the Surveyors offending shall forfeit 40 s. for every Offence one Third to the Surveyors of the Highways in the Town c. where committed for the Repair of them another Third to the Overseers of the Poor of the Overseers Third Discoverers Third Parish where c. another Third to him that shall discover the same to be imposed and levied as the Penalties imposed by this Act on Constables and Surveyors for neglecting to put the Laws in execution That is to say Every Constable or Surveyor of the Fiue upon Surveyors c. for neglecting their Office Highways neglecting to put the Acts touching Repairing c. Highways in execution or wilfully suffering any Wagons or Carts to pass in any other manner than by this Act is allowed shall upon Complaint to a Justice of Peace by the Oath of one Witness or View of the Justice himself be convicted and incur such Fine as the Justice shall impose not exceeding 40 s. to be levied by the High-Constable or other Officer by Warrant under Hand and Seal of such Justice to be employed for the mending the Highways of the Parish or place where such neglect shall be 22 Car. 2. cap. 12. Lastly observe That two Justices of Surveyors Accounts c. Peace by the Stat. 18 Eliz. may take the Accounts of the Surveyors of the Ways and the petty Constables and Church-wardens for such Forfeitures within that Statute as they have levied Stat. 18 Eliz. 40. Dalton Just P. fo 71. AN APPENDIX HAving spoken briefly in the IVth Chapter of the Constables Duty in executing the Justices Warrant and how the Officer is bound at his peril to take notice of the Authority and Jurisdiction of the Justices I will here set down as an Appendix to the former some further Rules and Precedents touching the nature and effect of Warrants which may be of good use to our several Officers for whom this Treatise is intended A Warrant or rather Summons for making a New Constable c. to be Sworn before the Justices of the Peace This Summons is directed to the Person Elected or intended to be Elected thus To our Loving Friend A. B. of C Yeoman THese are to require you to make your repair to us or some other Justice of the Peace of this County to take the Oath of a Constable or Tithingman to serve within your Town of C. you being Chosen and Ordered by the Leet of your Town to undertake the same Office And herein fail you not as you will answer the contrary c. Or thus WHereas A. B. of your Town the New Constable thereof is by reason of his Age and Impotency very unable and insufficient to execute the said Place These are to require you whose Names are hareunder written to be before me at my House at C. to Morrow or such other time as is convenient by Ten of the Clock in the Morning that I may make Choice of one of you to be Sworn to undertake the said Office And hereof c. Dated c. Note this Swearing of Constables c. by the Justices is only in case of necessity and when 't is long to the Quarter-Sessions or Leet And though it may not be necessary for Concerning Hand and Seal to a Warrant the Justices to put their Seals to these Summons which are directed to the Parties themselves not obliging them to act upon any other person or thing Yet Note that there is a necessity that the Justice of Peace do subscribe his Name to his Warrant commanding an Officer to act upon some other person or thing Tho' to put his Seal in every case is not required for in a Warrant of the Peace or Good Behaviour it is thought not to be needful nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But where the Law says that he may or shall do it by Warrant under his Hand and Seal there it must be under his Hand and Seal or it is not good And it is now usual and most safe for a Justice to put his Seal to every Warrant after this manner And hereof fail you not at your perils Given under our Hands and Seals or Day and Year of making the Warrant my Hand and Seal as the case may be this first Day of January in the Third Year of the Reign of King William and Queen Mary Annoque Dom. 1692. Or thus Sealed with our Seals or Sealed with my Seal and Dated the first Day of January in the Third year c. Annoque Dom. 1692. Note That if the Warrant express the place where it was made as Dated at D. and given under my Hand c. though it was not really Dated there yet the Warrant is good and shall be taken to be dated where the Warrant doth say it was dated The Rules that have been observed to the compleating a Justices Warrant