now grown in a manner quite obsolete so seldom used that it 's scarce known although the penalty in the same be strict and severe yet it is of good use and so are a great many penal Statutes more very beneficial to the Commonwealth if they were duly put in Execution especially those enacted to punish the daily offences of Brewers Bakers Alehouses all such as use Weights or Measures Millers Forestallers Ingrossers Regrators cum multis aliis c. these are the Caterpillars of the Kingdom CHAP. V. The duty of Constables c. about Affrayes Riots Routs Armes Militia Escapes Forcible entries the Peace Hedge breakers Setting-dogs 1. AFfrayes Riots Routs 3 H. 4.9 10. Bacon's Use of the Law fol. 5. Dalton J. P. ch 1. fol. 4 5. If one makes an Affray or Assault upon another in a Constables presence or in his presence shall threaten to kill beat or hurt another or shall be in a fury ready to break the peace In these cases the Constable may commit the offendors to the stocks or to some other safe custody for the present until such time as he can carry them before some Justice of the peace or to the Gaol until they find Sureties for the peace The Constable may take security for the peace by Obligation to be sealed and delivered to the Kings use which Bond the Constable was to send to the Exchequer or Chancery from whence the process should issue to levy the debt to the Kings use if the peace were broken This was the opinion of three of the Judges of the Common Pleas in Skirret's Case Trin. 35 Eliz. com ban Rot. 1458. But Anderson Chief Justice said That the Constable ought to carry the party that he should see breaking of the peace before a Justice to find sureties for the peace which is the usual practice at this day Dalt J. P. ch 8. fol. 33. The Constable where he seeth an affray made or such as are about to make an affray ought to command the Affrayers in the Kings name to surcease and depart on pain of Imprisonment and if a Constable being present at an affray doth not his best endeavour to part them it being presented by the Jury at the Sessions of the Peace such Constable may be fined for it 3 H. 7.1 3 H. 7.20 Lambert 136. 38 E. 3.8 Dalt J. P. ch 8. fol. 33. If any one be dangerously hurt in an Affray the Constable or any other may stay the offendor and carry him to a Justice of peace who is either to bayl him till the next Gaol-delivery or to commit him to the Gaol until it be known whether the party will live or dye thereof Lambert 135. 1 H. 7.7 3 H. 7.10 If Affrayers will not depart but do draw weapons or give any blow the Constable may command assistance of others to cease the Affray and if they make resistance may justifie the beating and wounding of them and if the Constable or any of his assistants be killed it is murder in the Affrayers Lambert 135. 7 E. 3.19 Where there is a great and dangerous Affray the Constable may make proclamation in the Kings name that the Affrayers shall keep the Kings peace and depart and if the Affray be in a house the Constable may break into the house if the doors be shut to see the Peace kept though none of the parties have taken any hurt and if the Affrayers fly into another mans house the Constable upon fresh pursuit may break into such house and apprehend them Dalt ch 8. fo 34. ch 118. fol. 340. Crompt 146. b. 172. b. Where the Affrayers fly into another County the Constable seeing it may freshly pursue or cause them to be pursued and taken there and then the Constable may carry them before some Justice of the peace of the County where they are taken to find sureties for the Peace And if they fly into a Franchise only within the same County where the Affray was the Constable seeing this may freshly pursue them and take them out thence Dalt J. P. ch 8. f. 34. 38 H. 8. After the Affray is over the Constable cannot arrest the Affrayers without a Warrant Except some person hath received such hurt there that he is in danger of death but before the Affray begun and at the time thereof he may arrest them without a Warrant Dalton ibid. It is not properly an Affray unless some blow be given or offered to be given for hot Words is no Affray neither can the Constable apprehend them for words unless they threaten to kill beat or hurt one another in such case the Constable may take such persons and carry them before a Justice to find sureties for the Peace and yet such Threatning is no Affray Dalt ch 8. fo 35. 5 H. 7.6 If an Affray or an Assault be made upon the Constable himself he may not only defend himself but may also put the parties offending in the stocks till such time as he can carry them to a Justice of the peace or to the Gaol and if he be not able to Arrest them himself he may call others to his assistance who may justifie to Arrest the offendors 27 R. 2. ch 8. Sheriffs Constables and all other the Kings officers shall suppress Riots and Imprison them and all other offendors against the Peace Lambert 179 181. Bro. tit Riot 4 5. Co. 3 part Instit fol. 176. Dalt J. P. ch 85. fol. 217. Where three persons or more shall come and Assemble themselves together to the intent to do any Unlawful act with force or violence against the person of another his possessions or goods as to kill beat or otherwise to hurt or to imprison a a man to pull down a house wall pale hedge or ditch wrongfully to enter upon or into another mans possession house or lands c. or wrongfully to cut or take away corn grass wood or other goods or to hunt unlawfully in any Park or Warren or to do any other unlawful act with force or violence against the peace or to the manifest terrour of the people if they only meet to such a purpose or intent although they shall after depart of their own accord without acting any thing yet this is an unlawful Assembly because of their intention at first And if after such meeting they shall ride move or go forward towards the execution of such Act whether they put their intended purpose in execution or not this is a Rout. And if they do act any such thing indeed then it is a Riot 2. Armes Militia 2 E. 3. ch 3.7 R. 2.13 Co. 3 part Institutes fol. 162. Dalt J. P. ch 9. f. 35. 159. If any person shall ride or go Armed offensively before the Kings Justices or before any other the Kings officers or ministers during their office or in Fairs or Markets or elsewhere by night or by day in Affray of the Kings people and breach of the peace or wear or carry
any Guns Daggers or Pistols charged in such case the Constable upon sight hereof may seize and take away their Armour and other Weapons and cause them to be apprized and answered to the King as forfeited and carry the parties before a Justice of peace to find Sureties for the peace 2 E. 3. ch 3. But the Kings servants in His presence Sheriffs and their officers and other the Kings ministers and such as be in their companies assisting them in their office and all others pursuing Hue and Cry where any Felony or other offences against the peace be committed may lawfully bear Armour or Weapons 14 Car. 2. chap. 3. All High-Constables Petty-Constables and other officers within their several Parishes are to be ayding and assisting to such persons as shall have Warrants from the Lord Lievtenants or any two of their Deputies under their hands and seals to search for and seize all Armes in the custody and possession of any person or persons whom the said Lievtenants or their Deputies shall judge to be dangerous to the peace of the Kingdom and to secure the same and give account thereof to the said Officers but such search is to be made in the day time only between Sun-rise and Sun-set and not otherwise unless it be in Cities and their suburbs Towns-corporate and Market-towns or Houses within the Bills of mortality in which places search may be in the night if the Warrant so direct No dwelling-house of any Peer of the Realm is to be searched unless the Warrant be from the Kings Majesty under his Sign manual or in the presence of the Lievtenant or one of the Deputy-Lievtenants of the said County or Riding And in all places and houses aforesaid where search is made in case of Resistance to enter with Force and such Arms so seized where the Lievtenants or their Deputies or any two of them think fit may be restored to the owners again 14 Car. 2. cap. 3. 15. Car. 2. cap. 4. The Constables by Warrant under the hand and seal of the Lord Lievtenant or any three or more of the Deputy Lievtenants are to levy such summs forfeitures penalties and payments as shall be charged upon any person or persons within their several Liberties for the furnishing of Armes horse or foot or payment of Souldiers Ibid. And where sufficient distress cannot be had then the Lord-Lievtenants and their Deputies by like warrant to the Constable may commit such offendor to prison until he shall make satisfaction according to the said forfeiture payment or penalty 3. Escapes Dalton J.P. ch 106. f. 272. Bro. coron 112.224.316.454 Bro. Escape 31. Stamford fo 32. If a Constable or any other officer which hath a prisoner in custody for Felony or suspition thereof voluntarily letteth or suffereth the prisoner to go where he will at liberty though this be breaking of prison yet it is Felony in the Gaoler Constable or him that letteth such prisoner escape but it is no Felony in the prisoner but if such a prisoner shall escape by the negligence of his keeper and against his will and knowledge then it is Felony in the prisoner because a breach of Prison and the Gaoler or Constable c. shall be fined by the Judges or Justices for such Escape Dalt cap. 106. fol. 272. If a Constable or other officer shall voluntarily suffer a Thief being in his custody to go into the water and drown himself this escape is Felony in the Constable and the Thief is Felo de se but if the Thief shall suddenly without the assent of the Constable kill hang or drown himself this is then but a negligent escape in the Constable and fineable as aforesaid Dalt ibid. The voluntary letting a Felon escape before he be arrested for the Felony is no Felony in him that suffereth him to escape but if the Constable suffer one to escape whom he knows hath committed a Felony is finable if it do not make him accessary Cromp. 40.44 Dalt J. P. ch 106. fo 275. Where a Felony is committed and one is arrested for the same or suspition thereof though the Constable c. shall after have certain intelligence and knowledge that the party arrested is not guilty of the offence yet they may not set the party at liberty for he must not be delivered but by due course of Law Dalt J. P. ch 118. fo 340. If a Constable convey a Feion to the Gaol and the Gaoler will not receive him then the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him until the next Gaol-delivery and in such case the Gaoler shall be punished by the Justices Ibid. The Constable or other officer that shall imprison any Felon in the stocks may lock the stocks and if need be may also put Irons on the prisoner and when he conveyeth him to the Gaol or to the Justice he may pinion him or otherwise make him sure so that he cannot escape 4. Forcible Entries 15 R. 2. chap. 2. Dalt ch 22. f. 57. If a Constable or any other private person of the same County do refuse to attend and assist the Justices of the peace upon request to remove a Force or to convey the parties to the Gaol he may be imprisoned for his neglect and make Fine to the King 6. The Peace H. 7. fo 18. A. Cromp. 6.12 The Constable ought to do what he can to keep the Peace but he cannot take surety of the Peace at the request of any man Dalt ch 3.9 The Constable or other officer before he arrest the party upon a Warrant for the Peace ought first to acquaint the party therewith and charge him in the Kings name to go along with him to the Justice to put in sureties according to the Warrant and if the party refuse so to do then the Officer ought forthwith to take and convey him to the Gaol without carrying him to any Justice at all there to remain till he doth find Sureties and then at the next Sessions of the peace the Officer ought to deliver in his Warrant and certifie what he hath done therein Dalt 69. f. 166. If the party yield to go and find Sureties then the Officer may not absolutely arrest him yet he is not bound to go up and down with him till he can get Sureties but he may keep him till he can get Sureties to come unto him and if the party make resistance or offer to go away afterwards the Officer may carry him to the Gaol or set him in the Stocks till he can get ayd to carry him to the Gaol Lambert 101. Dalt J. P. ch 69. f. 168. If an officer having a Warrant from a Justice of peace against a man to find sureties for the Peace and do afterwards receive a Supersedeas out of the Chancery or Kings Bench or from another Justice of peace of the same County to discharge the same Surety of the peace and yet nevertheless the Officer will cause the party to find sureties by
virtue of the Warrant the party may refuse to give it and if he be arrested or imprisoned for such refusal he may have his Action of False imprisonment against such Officer for the Supersedeas is a discharge of the former Warrant 13 H. 7.10 Dalt J. P. ch 75. f. 189. I. a Constable be informed that a man and woman be in Adultery or Fornication together or that a man and woman of evil report are gone to a suspected house together in the night the Constable may take company with him and if he find them so he may carry them before a Justice of the peace to find Sureties for their good behaviour Fitz. Barr. 207. Cromp. 135. If any shall abuse a Constable in the execution of his office the Constable may have him bound to his good behaviour for it Dalt ch 3. f. 9. Any injurious force or violence used against the person of another his goods lands or other possessions whether it be by threatning words or furious gestures or force of the body or any other force used in Terrorem is said to be a breach of the Peace 6. Hedge-breakers Roblers of Orchards c. 43 Eliz. ch 7. Such as are convicted before a Justice of the peace for cutting and taking away of Corn growing robbing of Orchards breaking Hedges and their procurers and receivers knowing the same are to give the party grieved such satisfaction as a Justice of peace shall think fit and if they cannot give such satisfaction then the Justice may commit the offendors to the Constable to be whipped for the first offence and the like pain for the second offence and if the Constable or other officer do not by himself or some other see the same done accordingly then the Justice may commit such officer to the Gaol there to remain without Bayl until he procure the offendor to be whipped as aforesaid 15 Car. 2. ch 2. The Constables Headboroughs or other person in every County City Town-corporate or other place where they shall be officers and inhabitants have power to apprehend or cause to be apprehended such persons as they suspect for having carrying or conveying any burthen or bundles of any kind of Wood Underwood Poles or young Trees or Bark of any trees or Gates Stiles Posts Rayls Pales Hedge-wood Broom or Furze and any Constable or Headborough c. by warrant under the hand and seal of one Justice may enter into the houses out-houses yards gardens or other places belonging to the houses of such persons as they shall suspect c. and where they shall find any to apprehend the parties suspected for cutting the same and those in whose custody c. any such Wood or Underwood shall be found and carry them before a Justice of the peace and if the party cannot give a good account to the Justice how he came by the said Wood c. by the consent of the Owner or shall not within the time the Justice shall appoint prove who he bought it of then such person shall be deemed convicted of the cutting and spoyling of Wood within the Statute of 43 Eliz. and for the first offence shall give such satisfaction to the owner within such time as the Justice shall appoint and pay over and above presently to the use of the Poor where the offence is committed so much money as the Justice shall appoint not exceeding Ten shillings And for default of performance hereof the Justice may commit the offendor to the house of Correction so long time as he shall think fit not exceeding one Month or otherwise to be whipped by the Constable or other officer And for the second offence the offendor is to be sent to the house of Correction for one Month and there held to hard labour and if he be convicted the third time then to be punished as an incorrigible Rogue Stat. ibid. If any person buy any burthens of Wood Underwood Sticks c. of any who may justly be suspected to have come by the same unlawfully upon complaint to a Justice Head-officer c. and if upon examination upon Oath it appears That the same were bought of such person as aforesaid the Justice may order the buyer to pay the treble value thereof to him from whom they were stollen and for non-payment the Justice may grant his Warrant to the Constable to levy the same by distress and sale of the offendors goods rendring to the owner the overplus and for want of such distress then to commit the party to the Gaol at his own charge there to remain one Month without bayl None is to be punished by this Statute that hath been punished for any former Law for the same offence and all offendors within this Statute must be prosecuted within six Weeks after the offence committed Setting-dogs Stat. 7. Jac. ch 11. Dalton J. P. ch 37. fol. 90. The Constable Tythingman or Headborough of any place upon a Warrant under the hands and seals of two or more Justices of the Peace hath power to search the Houses of any persons suspected to keep Setting-dogs or Nets for the taking of Pheasants or Partridges and the Dogs and Nets there found to take carry away detain kill destroy and cut in pieces Stat. idem Dalt ibid. But they cannot search the houses of any who have free Warren or any Lords of any Manor or such as have 40. Pounds per ann or more in Freehold or some Estate of Inheritance or 80. Pounds per annum for Life or be worth in personal Estate 400. Pounds These may keep Nets and Dogs to take Pheasants or Partridges in their own ground CHAP. VII The Constables office touching Clothiers Maultslers Alehouses Drunkenness Weights and Measures Purveyances High-ways 1. CLothiers 14 Car. 2. ch 5. Constables and other officers upon request are to ayd and assist the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs called Norwich-Stuffs made in Norwich and the County of Norwich They ought to be very vigilant in this business for there never was such slight and unserviceable Stuffs made as now are to the great damage of his Majesties subjects 14 Car. 2. ch 5. In the West-riding of the County of York the Constables are likewise by warrant from the Justices of the peace Masters and Wardens of the Corporation or any thirteen of them to levy such Fines Penalties and Forfeitures as shall grow due from any Clothier by virtue of the Statute abovesaid by distress and sale of the offendors goods rendring the overplus to the owner upon demand 4 E. 3. ch 1. Fitz. J. P. 103. Clothiers must pay their Spinners and other work-folks their Wages in ready Money and not in Wares and shall deliver their Wool in due weight on pain to forfeit Six pence for every default And the Carders Spinners Weavers and other work-folks are to do their work faithfully on pain to forfeit double damages
be equal with the Constable in all such things their office is all one in a manner and divers Statutes do appoint Offendors to be punished by the Constable or other inferior officers which much needs be the Tythingmen c. 12 H. 7. f. 8. The High-Constables of Hundreds are Conservators of the Peace within their several Hundreds and Franchises at the Common Law Brook Peace 13. Fitz. 127. All petty Constables by virtue of their office within their several Liberties of their several Towns are Conservators of the Peace at the Common Law Crompton 6.222 12 H. 7. f. 18. These Petty-Constables may do what they can to keep the Peace and Ex Officio they may cause such as in their presence are about to make an Affray to find Sureties to keep the peace and that as well before the affray as after 3 H. 4.9 10. If a man Assault another in the Constables presence or in his presence shall threaten to kill or beat another or shall be ready to break the peace the Constables or Tythingmen may in such cases commit the offendors to the Stocks or other safe custody and after carry them before a Justice of the peace or to Gaol until they find security for the Peace which Surety the Constables themselves may take to the use of the King Term Trin. 35 El. r. 1458. Karret versus Haumer The Plaintiff brought an Action of False imprisonment against the Defendant for arresting and imprisoning him c. the Defendant pleaded that he was High-Constable of the Hundred of c. in the Couuty of S. and that the Plaintiff made an assault in the said Hundred upon one H. W. who presently came to the Defendant and told him thereof and swore he was in fear of his life of the other whereupon the Defendant came to the Plaintiff and arrested and imprisoned him until he had found sufficient security for the peace to this the Plaintiff demurred and it was adjudged that the Defendants plea was insufficient 1. because he was not present at the Assault and Affray made 2. for that he was High-Constable of the Hundred and not Constable of the Town Anderson Chief Justice held in this case that Constables were conservators of the peace at the Common Law and still are so and that they ought to preserve the peace as much as in them lyeth but that was by parting them who he should see breaking of the peace and carrying them before a Justice to find sureties to keep the peace but not to take sureties himself and if the Constable could take sureties what surety should it be for he being no Officer of Record cannot take Recognizance nor Bayl. But Walmesley Owen and Beaumont three other Judges held that a Constable might take Sureties by an obligation according to the Book of 10 Edw. 4. and that the peace was so preserved by the Constables before Justices of peace were and that the Statute which ordained Justices did not take away the authority of the Constables Bacon Use of the Law 5 6. In antient time High-Constables of Hundreds and Petty-Constables in every Town were yearly appointed by the Sheriff in his Turn and were there sworn Direct Judges 29. Constables lawfully chosen if they shall refuse to be sworn the Justices of the peace may bind them over to the Assizes or Sessions of the Peace and for such his contempt he is there to be Indicted fined and imprisoned Coke 8.43 Every person that is chosen to be a Constable ought to be idoneus homo a man apt and fit for the Execution of the said Office And to be idoneus homo the Law requireth in him three qualifications viz. 1. Honesty to Execute his Office truly without malice affection or partiality 2. Knowledge to understand his Duty what he ought to do 3. Ability as well in Estate as in Body that so he may attend and execute his Office diligently and not neglect the same through want or impotency For such as are chosen out of the meaner sort are either ignorant what to do or stand in awe of the greater so that they dare not do what they ought or else are not able to spare time Therefore they ought to be chosen out of the better sort of Parishioners and not either by the House or other Custome If a man be chosen Constable not able and qualified as aforesaid he may be discharged of his said Office by Law and another fit man appointed in his place Co. 8.42 If Leets choose unable or unfit Petty-Constables it is cause of forfeiture of the Leet and such choice is void 14 Car. 2. cap. 12. Two Justices of the peace may appoint and swear new Constables Headboroughs c. in case of death or removal of such Officers out of the parish And if in default of holding Court-Leets they continue above the year they may be discharged at the Sessions and others put in Idem Stat. Constables Headboroughs and Tythingmen which are out of purse for their charges they may with the Churchwardens and Overseers of the poor and other officers of the Parish make Rates upon all occupiers of Lands and inhabitants and all others chargeable to the Poor by the Stat. 42 El. which being confirmed under the Hands and Seals of two Justices of the peace may by their Warrants be levied by distress and sale of the Goods of such as refuse to pay the same CHAP. II. The duty of Constables and Headberoughs c. in Executing of Warrants directed to them from the Justices of the peace c. THe Constable or other sworn Officer to whom any Warrant shall be directed and delivered ought with all speed and secrecy to seek and find out the party and then to Execute his said Warrant Br. Faux impris 23. A known sworn Officer be he Sheriff Undersheriff Bayliff or Constable c. needs not to shew his Warrant to a man when he comes to serve it upon him though he demandeth it but if the Justice will direct his Warrant to his servant or to another who is no sworn Officer to serve it they must shew their Warrant to the party if he demand it or otherwise the party may make resistance and needs not to obey it Co. 6.54 9.68 A sworn and known Officer if he will not shew his Warrant yet he ought to declare to the party the Contents thereof upon serving it Co. 9.69 An Officer giveth sufficient notice what he is when he saith to the party I Arrest you in the Kings name c. and in such case the party at his peril ought to obey him though he knoweth him not to be an Officer and if he have no lawful Warrant the party grieved may have his Action of False imprisonment against him Dyer 244. Stat. 43. El. cap. 6. If a Constable or other officer do Arrest a man for the Peace or the like before he hath any Warrant and then afterwards doth procure a Warrant or a Warrant cometh after to him
have usually been paved formerly 15. Item The names of all such persons as keep any Hogs to the common Annoyance of his Majesties subjects in or about such Liberties places and precincts where Hogs ought not to be kept 16. Item All such Bakers as put light Bread to sale and the weight thereof and such Brewers as sell Beer or Ale to unlicensed Alehouse-keepers all Forestallers Regrators and ingrossers of any Corn Grain Butter Cheese Bacon or any other kind of dead Victuals whatsoever 17. Lastly All such persons as can prove or testifie any of the said Offences are to be warned to appear before the said Justices at their Sessions or meetings aforesaid to testifie their knowledge of such Offences of which they can give Information CHAP. IV. The duty of Constables c. touching Watching Warding Rogues Vagabonds Hue and Cry carrying Prisoners to the Gaol Servants and Labourers 13 EDu. 1. cap. 4. Dalt ch 60. f. 140. Poul Watch. 1. A Watch is to be kept in every Town Parish Village and Tything every night from Ascension till Michaelmas from Sun-set to Sun-rise which the Constables c. must constantly cause to be set and that by two or four men according to the greatness of the place 1. Dalton ch 60. fol. 140. 5 Ed. 3.14 5 H. 7.5 These Watchmen are to apprehend and examine all strangers that pass by them in the night and if they find cause of suspition in them then they may secure them till the morning and if the parties refuse to obey the Watchmen they may levy Hue and Cry to take them and upon their resistance the Watchmen may justifie the beating of them and set them in the Stocks or Cage till morning and then if no suspition be found in the parties they may let them go But if there be found suspition in them then the Watchmen may deliver them to the Constable or Tythingman c. who is to convey them before a Justice of peace who after Examination of them may bind them over commit or acquit them as he shall see cause These Watchmen are also to apprehend all such as ride or go armed and all Rogues Vagabonds Noctivagants Nightwalkers Evesdroppers Scouts and such like Dalt J. P. chap. 60. fol. 141. These three particulars following have been held for Law concerning Watches viz. 1. The Watchmen must be men of body well and sufficiently armed not with a Prong as the Countrey fashion is and no man is compellable to Watch unless he be an inhabitant within the same Town or Parish where he is required to Watch. 2. Such as are Inhabitants within the Town are not compellable to Watch at the will of the Constable but only when their turn comes according to the use and custome of the place which is most commonly by Turn or House 3. Dalton Ibid. It hath been held by some That if a man who is compellable to Watch shall contemptuously refuse to Watch upon command of the Constable that in such case the Constable might ex Officio set the party in the Stocks for his contempt But the safest way is for the Constable to present such person for his default at the Assizes or Sessions of the Peace or else to complain of him to a Justice of the peace who may bind the offendor to the good behaviour and so over to the next Quarter-Sessions there to answer c. 2. 39 Eliz. ch 4. Wingat's Stat. tit Vagabonds Resolu Judges sect 717. Bolstr 2. part Rep. f. 258. The Constable Tythingman or Headborough assisted by the Minister and one other of the Parish is to see or do it himself Rogues and Vagabonds which shall be taken begging stripped naked from the middle upwards and openly whipped till their body be bloody and then forthwith to be sent away from parish to parish or tything to tything 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 such punishment and if that cannot be known then to the Town through which they last passed unpunished and when they come there if it cannot be discovered where they were born or last dwelt as aforesaid then are they by that Constable to be conveyed to the House of correction or common Gaol of that County to be employed in work or placed in some service and so to continue by the space of one year or in case they be not able in body that Town is to keep them till they may be placed in some Alms-house within the same Countie Dalton f. 129. After such punishment the Vagabond is to have a Testimonial under the hand and seal of the Constable Tythingman c. and the Minister of the place testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his own default he Exceeds he shall incurr the like punishment from time to time till he arrive at the place limited The substance of the Testimonial is to be entred by the Minister in a Register-book which he is to keep for that purpose on pain of 5. shillings The form of a Testimonial for Conveying a Rogue or Vagabond W.W. A sturdy vagrant Beggar aged about 40 years tall of stature red haired and long lean visaged and squint-eyed was this 24 day of A. in the 22 year of the Reign of our gracious Sovereign Lord King Charles the Second c. openly whipped at T. in the County of G. according to the Law for a wandring Rogue and is assigned to pass forthwith from parish to parish by the Officers thereof the next straight way to W. in the County of B. where he confesseth he was born and he is limited to be at W. aforesaid within twelve dayes now next ensuing at his peril Given under the hands and seals of C. W. Minister of T. aforesaid and of J. G. Constable there the day and year aforesaid A Justice of peace alone may under his hand and seal make such Testimonial Lambert 206. 39 Eliz. cap. 4. Dalt ch 47. fol. 128. Resolu Judges sect 13 14. If any Constable Tythingman or Headborough be found negligent in the due Execution of the Act of the 39. of Eliz. aforesaid he forfeits ten Shillings for every default And such persons as shall hinder the execution of the Law upon Rogues forfeit five Pounds and are to be bound to the good behaviour and if a Constable refuse to receive a Rogue and to convey him or her to the next or if he do receive him and not convey him to the next Constable he forfeits five Pounds and may be bound to the good behaviour 1 Jac. ch 7. Dalt ch 47. fol. 128. Resolu Judg. sect 13 14. Every person shall apprehend or cause to be apprehended such Rogues as he shall see or know to resort to his house to beg or receive any alms and
to the party grieved Stat. idem The Master or Head-officer in a Corporation where there is no Master and out of a Corporation every Justice of peace High-Constable and Stewards of Court-Leets shall hear and determine the complaints as well for non-payment of the Work-folks wages as the damages aforesaid by examining the parties for which damages they have power to commit the offendors to the Gaol until the party grieved be satisfied 39 Eliz. ch 20. The Justices of peace and High-Constables may search any house or other place for Tenters Ropes Rings Head-wrinches or other Engines for stretching of Cloth and if they find any to deface them and if the Owners use them again these Officers may take them away and sell them and give the money to the Poor Mault-making 2 E. 6. ch 10.21 Jac. ch 28. 3 Car. 1. ch 4. The Constables and Bayliffs of any Town ought from time to time to view and search all such Mault as shall be made or put to sale within any of their Liberties and if they find any being evil made or mingled with evil Mault then the Constable or Bayliff with advice of one Justice of peace may fell the same to such persons at such a rate as the Justice shall think sitting Stat. 2. E. 6. ch 10. There are three sorts of evil and deceitful Mault viz. 1. Where Barley and Mault hath not in the making thereof in the Fatt Floor steeping and drying thereof three Weeks at the least Except it be in June July and August and in those Months it must have 17. Dayes and under such time it cannot be made wholesome 2. They ought to take out of every Quarter of Mault half a peck or more of Dust by treading rubbing and fanning the same before they put the same to sale or else they forfeit 20. Pence for every Quarter otherwise sold to be divided between the King and the Informer 3. If any Mault shall be put to sale not well made according to the limited time or made of mow-burnt or spired Barley or mixed good and bad together they forfeit Two shillings for every Quarter to be divided as aforesaid This Act extends not to such as make Mault for their own provision only and the Forfeitures aforesaid must be prosecuted within one Year Alehouses Drunkenness 3 Car. 1. ch 3. Dalt J.P. ch 7. fol. 31 32. If any one keepr an Alehouse or sell Beer or Ale without License he forfeits 20. Shillings to the use of the Poor to be levied by distress and sale of the offendors goods by the Constable and Churchwardens by warrant from a Justice of peace before whom the offence is proved which Goods are to be sold within three dayes after the Distress taken and the overplus to be returned if any be And in default of Distress the delinquent is to be openly Whipped by the Constable If the Constable refuse or neglect to execute his Warrant he forfeits 40. Shillings to the Poor and the Justice may commit the Constable to the Gaol until he causeth the offendor to be whipped or payeth the 40. Shillings to the use of the Poor Co. 9. lib. Rep. fol. 87. b. 10 H. 7.8 Dalt J. P. ch 7. f. 28. If a common Inn-keeper or Alehouse-keeper refuseth to lodge a Travelle he proffering to pay ready money for his victuals c. the Constable may cause such an Inn-keeper or Alehouse-keeper to be indicted at the Sessions or Assizes where he may be fined and imprisoned or the party grieved may have his Action of the Case against the Inn-keeper or Alehouse-keeper But they are not bound to lodge or find victuals without ready money first paid if it be required In the Condition of the Recognizance which every Alehouse-keeper enters into that is licensed to sell drink it is one Clause That he shall keep one or more spare Beds for lodging of strangers Were this well looked into in and about London abundance of forfeited Recognizances would be found and a great many lazy knaves that live at their ease by selling Drink might be set to work for their livings They are bound likewise not to suffer any Gaming in their houses or backsides which now is the main prop of most of them and there they draw in Apprentices and Servants to their ruin were they punished according to the Statute for this these Caterpillars would not swarm so thick as they do 1 Jac. ch 9. 1 Car. 1. ch 4. If any Inn-keeper Alehouse-keeper or Victualer do sell less than a full Ale-Quart of the best Ale or Beer or two Quarts of the Small for one Penny he forfeits 20. Shillings for every offence If he suffers Townsmen or others to sit tipling in his house he forfeits 10. Shillings for which the Constables and Churchwardens upon a Warrant from a Justice of peace ought to distrein and levy the Forfeitures according to the Statute and if there be no distress to be found or if the Officers neglect within twenty dayes to certifie the same Default to the Justices the Officers forfeit 40. Shillings to the use of the Poor to be levied by distress on their Goods by Warrant made to any indifferent person from any one or more Justices of the peace under their hand and seal and for want of distress the Justice may commit the offendors to the Gaol there to remain till they have payd the said Forfeitures In all these cases the Distresses are to be kept six dayes and if the parties do not pay the Forfeitures within that time then the Distress is to be apprized and sold and the overplus returned to the owners if any be 21 Jac. ch 7. Dalt J. P. ch 7. f. 28. If the Constable or other officer of the Parish neglect to serve the Justices Warrant against Townsmen or others for tipling in any Inn Alehouse or Victualing-house or against men for being drunk viz. for Tipling 3. s. 4d and for being Drunk 5. s. to be levied by distress on the Offendors goods and sale thereof after six dayes default of payment rendring the overplus to the Owner And for want of distress or not able to pay the Tipler is to sit in the Stocks four hours and the Drunkard six hours And if in any of these cases the Constable neglect to do his duty he forfeits Ten shillings to be levied by distress and sale of his goods to the use of the Poor These Offences are to be enquired after within Six moneths after they are committed and the Constables and other officers of the Parish may be charged upon their Oaths to present them Weights and Measures 8 H. 6. ch 5. All Cities Boroughs and Market-Towns in England ought to keep common Weights and Measures sealed at which the Inhabitants may weigh freely and all Foreiners must pay for every draught under forty Pounds one Farthing for a draught between forty and an hundred an Halspeny and for a draught between an hundred and a thousand one Penny wherewith the Weights
said Fines by way of distress and if no distress can be found or the party do not pay the Fine within twenty dayes after demand thereof he or they shall forfeit double so much All which Fines and forfeitures shall be bestowed on the High-wayes in the same Parish by the Constable and Church-wardens there Stat. idem Dalt J. P. ch 26. fol. 70. The Bayliff or High-Constable is yearly between the first of March and last of April to render unto the Constable and Church-wardens to whom the other part of the Estreat was delivered a true Account of the Moneys received by them in pain of forty Shillings And the said Constables and Churchwardens have power to call the Bayliff or High-Constable before two Justices one of the Quorum to pass the Account who have power to commit such Bayliff or High-Constable until they have satisfied all the Arrerages by them received Stat. idem Upon passing their Account every Bayliff or High-Constable shall be allowed Eight pence for every Pound collected and Twelve pence for the fee of the Estreat delivered Stat. idem Dalt ch 26. f. 21. Any two Justices of peace upon complaint to them made by the succeeding Constables and Churchwardens may call before them the precedent Constables and Churchwardens and compel them to pay in all Arrerages in their hands 18 Eliz. ch 10. The Surveyors by warrant from two Justices of the peace are to levy by distress and sale of goods the Forfeitures of all such persons as offend in not scowring their Ditches c. and if they neglect to levy the Forfeiture for the space of a year after the offence committed then the Justices may send to the Constable and Churchwardens to levy the same 14 Car. 2. ch 2. Constables or other officers by warrant from any of His Majesties Justices of either Bench Barons of the Exchequer or Justices of the peace to them directed are to levy by distress and sale of the offendors goods all such penalties as shall be forfeited by the said Act touching repairing the High-wayes and Sewers and for paving and keeping clean the Streets in and about the Cities of London and Westminster and for default of distress or non-payment of the said Penalties within six dayes after demand thereof or notice in writing left at the house or dwelling place of the offendor by the said Constable or other officer the said offendor not being a Peer of the Realm may be committed to the common Gaol of the said County or City by warrant of any such Justice under his hand and seal there to remain without bayl or mainprize until payment thereof be made CHAP. VIII The Constables office about Forein Bonelaces c. Chimney-money Customs Excise Fish 1. FOrein Bone-laces c. Constables upon Warrant to them directed from the Justices of peace or chief officers of Cities and Corporate-Towns c. are to search in their several Counties Cities Towns and Liberties in the Shops being open Ware-houses and dwelling-house of such person or persons who shall be suspected to have any Forein Bone-laces Cut-works Embroideries Fringes Band-strings Buttons or Needle-works made of Thred Silk or any or either of them made in the parts beyond the Seas and where they find any such to seize the same 2. Chimney-money 16 Car. 2. ch 3. All Justices of the peace chief Magistrates Treasurers and Under-Treasurers Constables and other His Majesties officers are within their several Liberties and Jurisdictions to ayd and assist His Majesties officers appointed for the collecting of the Duty of Hearth-money Stat. idem The Officers appointed by His Majesty for the Chimney-money once every year being accompanied with the Constable or Tythingman Treasurer or Under-Treasurer or other publick officer of the Peace and in all Parishes and places where there are no Constables Tythingmen or other publick officers as aforesaid there without any such assistance may enter in the day time into any dwelling or other House Edifice Lodging and Chambers in any of the Inns of Court or Chancery Colledges and other Societies to search and examine whether there be any more Fire-hearths and Stoves in the same than were formerly Returned or certified and what are increased or decreased since the last Certificate And if they find any variance in the Number returned both the Officer and Officers appointed by His Majesty and the Constable or Tythingman or other Officer aforesaid are to certifie the same under his or their hands to the Clerk of the peace Stat. idem If the party after demand made by His Majesties officers or their deputies at the house chamber or place where the duty shall grow due make default or refuse to pay by the space of one hour after such demand then the officer or his deputy with the assistance of the Constable or Tythingman or other Officer may at any time in the day levy the said duty and all the Arrears thereof by distress and sale of the goods of the parties making default rendring the overplus to the owners deducting necessary charges for taking the distress which charges are not to exceed one moiety of the Duty and Arrears 16 Car. 2. cap. 3. No arrears of Hearth-money are to be distreined for after the space of two years next after such duty becomes due And if any violence opposition or injury be done by any person or persons to any of His Majesties officers or their deputies in the due execution of their office Oath being made there of before any one Justice of the peace or chief Magistrate c. such Justice or the Magistrate if they think fit may commit the offendor to the common Gaol for any time not exceeding one Moneth Stat. idem The Constables are to have two pence in the pound paid them by the Collector to whom they pay the Chimney-money by them collected and are to pay nothing to the Collectors for their Acquittances 3. Customes 12 Car. 2. ch 19. Any person having a Warrant from the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of a Port for the search of Uncustomed goods may with the assistance of a Sheriff Justice of the peace or Constable who are to be aiding and assisting upon request may enter into any House in the day time where such goods are suspected to be concealed and in case of resistance may break open such House and seize and secure such goods Stat. idem No House is to be entred unless it be within one Month after the offence supposed to be committed and if the Information whereupon the House shall come to be searched do prove false the party injured shall recover full Costs and damages against the Informer by Action of Trespass 14 Car. 2. ch 11. Such persons as are authorized by Writ of Assistance out of the Exchequer are to take a Constable Headborough or other officer inhabiting near the place and in the day time to enter into any house shop cellar warehouse room or other place
to dwell from the day of the date of these presents until she the said J. G. shall come to the age of 21. years or be married which shall first happen according to the Statute in that case made and provided by and during all such time and term the said J. G. shall the said E. B. her Dame well and faithfully serve in all such lawful business as the said E. B. shall put her the said J. G. unto according to her power wit and ability and honestly and obediently in all things shall be have her self towards her said Dame and children and all the rest of the Family of the said E. B. And the said E. B. for her part promiseth covenanteth and agreeth That she the said E. B. the said J. G. in the Art and skill of Huswifry the best manner that she can or may shall teach and inform or cause to be taught and informed as much as thereunto belongeth and she the said E. B. knoweth And also during all the said term to find and allow unto her said Apprentice meat drink linen woollen hose shooes washing lodgeing and all other things fitting or meet for an Apprentice In witness whereof c. Stat. 1. Jac. ch 25. 21 Jac. chap. 28. This Binding is as effectual to all purpoposes as if the Children were of full age and did bind themselves by Indentures and Covenants and all such as are bound by the Overseers as abovesaid may safely be received and kept as Apprentices by their Masters Stat. 7 Jac. chap. 3. Such money as is given to put out poor Children Apprentices is to be employed in Corporate-Towns by the Corporations and in other places by the Parson Vicar with the Constables Churchwardens or Overseers of the Poor or the most part of them who shall employ the same accordingly on pain or forfeit 5. Marks each of th em so making default to be divided betwixt the Poor of the parish and the Prosecutor Stat. idem The party taking any money with such Apprentice shall give good security by Obligation to repay it again at the end of seven years next ensuing the date of the said Obligation or within three Months next after the end of the said seven Years and if such Apprentice shall dye within 7. years then within one Year after his or her death and if the Master Mistress or Dame happen to dye within 7. Years then within one Year after their death so as the money may be employed in placing the Apprentice with some other of the same Trade to serve out his time Stat. idem Money so given shall be employed within three Months after the Receipt thereof And if there shall not be apt persons found in the places where it is given to be Apprentices it shall then be employed in the Parishes next adjoyning by the parties that are trusted with it in the place where it was so given and there also Bond shall be taken Resol Judges If a Woman unmarried be hired weekly monethly half-yearly or yearly in one Parish and there be begotten with Child and then goeth into another Parish and there is setled in service or otherwise for two or three Months and then she is discovered to be with Child in this case she and her Child shall be setled in the Parish where she then is and must not be sent to the Parish from whence she came Resol Judges If a Woman be delivered of a Bastard child in one Parish and then go 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 Stat. 43 Eliz. ch 2. These Officers or the greater part of them for performing their office may raise weekly or otherwise by Taxation of every Parson Vicar and other occupier of Land House or Tythes Coal-mines or saleable Underwoods within the Parish Town c. such a summ as they shall think fit And this Rate they must have allowed and confirmed undr the hands of two Justices one of the Quorum and by warrant from them or any two Justices they may levy the said Tax by distress and sale of the goods of the party refusing to pay rendring the overplus to the owners and in default of distress two such Justices may commit the party to prison there to remain without Bayl till he pay it These Rates ought to be well and truly made according to mens visible Estates real and personal within the place only and not for any Estate elsewhere These Rates must be set upon the Tenants and occupiers of Lands and not upon the Landlords living within or without the Parish for the Tenant only is chargeable for the Land Resol Judges The Parson having a full Tenth part of the profits of the place may be rated to a Tenth part The Rate or stock for Goods is thought reasonable to be set after the proportion of Lands viz. an 100 Pound in stock to be rated after 5 or 6 Pounds a year in Lands If any persons find themselves aggrieved in any Tax or other act done by the Overseers or by the Justices of peace they are to seek for relief at the Quarter-Sessions CHAP. XII The office of the Surveyors of High-wayes and Bridges 14 CAR. 2. ch 6. The Churchwardens Constables or Tythingmen of every Parish Town or Hamlett for the time being are upon Monday or Tuesday in Easter-week with the advice of the major part of the Inhabitants to chuse two or more inhabitants of the Parish Town or Hamlett to be Surveyors of the High-wayes for the Year following and they are to give notice thereof in writing to the persons chosen next Sunday after and for default of such Choyce the Constables Churchwardens and inhabitants of every Parish Town or Hamlett shall forfeit and lose Five pounds After choyce made of these Surveyors and notice given them they are forthwith to take the Office upon them on pain to forfeit Twenty shillings 14 Car. 2. ch 6. Highways must be sufficiently amended at the charge of the whole Town and it is not enough for the Inhabitants to do their full six dayes work yearly except their Wayes be all well and sufficiently repaired thereby for if all their said Wayes be not sufficiently amened the whole Town may be indicted for it and if six dayes work in the year will not serve to amend them the Surveyors must appoint more dayes The owner of Lands if he be not the occupier thereof ought not to be charged towards the repair of the common Highwayes but the Tenant who occupies the Land is to be charged therewith Dalt J.P. ch 26. fol. 68. The Surveyors are to see that the parishioners do their work on the dayes appointed and that they observe these Rules viz. every person having in his own occupation a Plough-Land in Tillage or in Pasture in the same Parish or keeping there a Plough or Draught shall find
Warrant may do it Dalt J.P. ch 26. fo 70. Stat. 5 Eliz. ch 13. The Surveyors or one of them are to preent to the next Justice of peace every default upon the 2d and 3d of P. M. ch 8. and 5 Eliz. ch 13. within one Month after it shall be made on pain of 40 s. and the Justice is in pain of 5 l. to certifie the same at the next Quarter Sessions where the Justices are to enquire of the default and set such Fine upon the offendors as they or two of them one of the Quorum shall think fit 5 Eliz. 13. Rastall 199. The presentment of a Justice of peace in Sessions upon his own knowledge shall be a good conviction upon which the Justices in Sessions or two of them one of the Quorum may assess a Fine as well upon a Verdict but the offendor shall be admitted to his Traverse Stat. 2 3. P. M. ch 8.5 Eliz. ch 13.18 Eliz. ch 10. The offences upon these Statutes are inquirable by Justices of the peace-in their Sessions and Stewards in Leets either of which have power to assess Fines at their discretions upon defaulters of which Fines indented Estreats in the Sessions under the hand and seal of the Clerk of the Peace in the Leet under the hand and seal of the Steward shall be delivered within six Weeks after Michaelmas one part of the Estreats to the Bayliff or High-Constable of the Liberty and the other part to the Constables and Churchwardens of the Parish where the offendors live Stat. 2 3 P. M. chap. 8. These Estreats shall be a sufficient Warrant for the Bayliff or chief Constable of the Liberty to levy the said Fines by way of distress and if no distress can be found or the party do not pay the fine within Twenty dayes after the lawful demand thereof he or they shall forfeit double so much All which Fines and Forseitures are to be employed towards the mending of the Highwayes in the Parish where the offences are committed Stat. 2 3 P. M. ch 8. The High-Constable or Bayliff shall between the First of March and Last of April yearly give an account to the Constables and Churchwardens who have the other part of the Estreats of the Fines of what Money they have received on pain of Forty shillings and the Constables and Churchwardens have power to call the High-Constable or Bayliff before two or more Justices of the peace one whereof to be of the Quorum to give up his Account who have power to commit him until he have satisfied all the Arrerages by him received save Eight pence in the Pound for his own Fee and Twelve pence in the Pound for the Clerk of the Peace or Steward of the Leet And the Contables and Churchwardens have the same power successively as their predecessors 14 Car. 2. ch 6. Every Survey or of the Highwayes shall within one Month after his Year is expired yield up to the INhabitants of the Parish Town or Hamlett at some publick meeting appointed by the inhabitants a perfect Account of all Moneys he hath received and paid within the Year by reason of his said Office and of whom what summ to whom he hath paid the same what Moneys are in Arrear for Fines Forfeitures Penalties c. and if any overplus be in his hands he shall render the same to the next Surveyor for the use of the Parish Town or Hamlett to be disbursed in and about the Highwayes the year following And if the Surveyor shall not make such an Account and payment then two Justices near the Parish upon complaint may examine the business upon Oath and upon default found in the Surveyor they may commit him to the Gaol of the County City c. there to remain until he have made a true Account and payment Stat. idem All Justices of Assize Oyer and Terminer and Justices of peace are impowred to hear and determine all matters concerning charitable Gifts for the amending and ekeping in repair any common HIgh-wayes Pavements Streets c. within their Commission and to make Orders for the due employment of such Gifts except the Gift be made to the use of any Colledge Hall Free-School or Hospital who have proper Visitors of thier own and to determine all offences and defects in Surveyors concerning the same and in ease any person be aggrieved by such Order he may Appeal to the Court of Chancery as in case of a Decree made upon the Statute of Charitable uses Stat. idem No travelling Wayn Wagon Cart or Carriage wherein any Goods Burthens or Wares shall be carried or drawn for hire other than such Carts and Carriages as are employed about Husbandry and managing of Lands and in carrying of Hay Straw Corn unthreshed Coal Chalk Timber for shipping materials for Building Stones of all sorts or such Ammunition or Artillery as shall be for His Majesties service shall at any one time travle be drawn or go in any publick or common Highway with above seven Beasts whereof six shall draw in pairs nor with above eight Oxen or six Oxen and two Horses nor shall at any time carry above 2000. weight between the First of October and the First of May except such paticulars as abovesaid nor above 3000. weight between the First of May and the First of October nor above five Quarters of Wheat Meal Mesline Rye Pease Beans Tares nor above eight Quarters of Barley Mault or Oats nor shall any Wagon Wayn or Carriage be employed for the said uses the Wheels whereof are less in breadth than four Inches in the Tyre upon pain every owner of such Wagon Wayn or Carriage Horse Beasts or Oxen shall for every of the said offences forfeit 40. Shillings to be divided into three equal parts one to the Surveyors of the High-wayes where any of the offences shall be committed towards the repairing of the highwayes of the Parish there the other part to the Overseers of the Poor of the Parish where the offence is committed for the relief of the poor there and one other part to him that shall discover and prosecute for the said offences These Penalties are to be levied by distress of all or any the Horses Beasts or Oxen and to be distributed as aforesaid by the Constables Surveyors of the Highwayes and Overseers of the Poor of the parish where the offence is committed and in case the Penalties be not payd within three dayes after distress then the same to be sold rendring the overplus the charges of keeping and selling first deducted Statutes for repairing particular Highwayes viz. Stat. 39 El. ch 19. For repairing the High-wayes in the Wild of Sussex Surrey Kent Stat. 37 H. 8. chap. 3. For Huntington-Lane near to Chester Stat. 14 H. 8. ch 6. 26 H. 8. ch 7. For laying out new Highwayes in the Wild of Kent and Sussex Stat. 1 M. par 2. ch 5. For the Cawsey between Dorchester and Sherborn Stat.