is by other Titles but not much inferiour to our Constables as in Warwick-shire a Thirdborough and in other places a Borough-head in others a Chief-pledge The Authority of these as I said is much like that of the Constables but yet the Office of the Constable is distinct and of greater Authority and Respect than these But in Towns where there be no Constables and that the only Officers for the Peace there be Headboroughs Thirdboroughs Borsholders or such others and in such cases where their Power and Authority is declared to be equal with the Constable in all such things their Office is all one in a manner and divers Statutes do appoint Offenders to be punished by the Constable or other inferiour Officers which must needs be the Tythingmen c. 1 Jac. cap. 7. 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 Bacons use of the Law â— 6. In ancient time High Constables of the 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 whâ— he ought to do 3. Ability as well in Estate as in Body thaâ— so he may attend and execute his Office diligently and not neglect the same through Wanâ—â— or Impotency For such as are chosen out of the meaneâ—â— Sort are either ignorant what to do or stand in awe of the greater so that they dare noâ— do what thâ—y 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 Custom 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 chuse unable or unfit Petty Constables it is cause of Forfeiture of the Leet and such choice is void 14 Car. 2. c. 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 I shall now set forth every particular Branch of the Constables Office and of the Tythingmen Headboroughs and Borsholders their Duties are the same in effect and their Authority yet the later are inferiours to the former CHAP. II. The Constables Office about Affrays 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 Constastable may commit the Offenders 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 Goal until they shall 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 Skirrets Case Trin. 35 Eliz. Com. Banc. Rot. 1458. But Anderson Chief Justice said That the Constable ought to carry the Party that he should see breaking oâ— the Peace before a Justice to find Sureties soâ—â— the Peace which is the usual Practice at this day 3 H. 4. 9 10. Bacons use of the Law fol. 5. Dalt J.P. c. 1. fol. 4 5. Dalt J. P. c. 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. Lamb. 136. 38. E. 3. 8. Dalt J. P. c. 8. fol. 33. If any be dangerously hurt in an Affray the Constable or any other may stay the Offender and carry him to a Justice of Peace who is either to Bail him till the next Goal delivery or to commit him to the Goal until it be known whether the Party hurt will live or dye thereof Lamb. 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 bearing and wounding of them and if either the Constable or any of his Assistants be killed it is Murder in the Affrayers Lamb. 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 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 c. 8. fol. 34. c. 118. fol. 340. Cromp. 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 Peace of
the County where they are taken to find Sureties for the Peace And if they flie 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. c. 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 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 theâ— to a Justice of Peace or to the Goal anâ— if he be not able to arrest them himself hâ— may then call others to his Assistance whâ— may justifie to arrest the Offenders Dalt c. 8 fol. 35. 5 Hen. 7. 6. CHAP. III. The Constables Office about Alehouses c. IF any one keep an Alehouse or sell Beer or Ale without Licence he forfeits 20 s. to the use of the Poor to be levied by distress and sale of the Offenders Goods by the Constable and Churchwardens by Warrant from a Justice of Peace before whom the Offence iâ— proved which Goods are to be sold within three days 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 s. to the Poor and the Justice may commit the Constable to the Goal until he causeth the Offender to be whipped or payeth the 40 s. to the use of the Poor 3 Car. 1. c. 3. Dalt J.P. c. 7. f. 31 32. If a common Inn keeper or Alehouse-keeper refuseth to lodge a Traveller he profering to pay ready Mony for his Victuals c. the Constable may cause such an inn keeper or Alehouse-keeper to be indicted at the Sessions or Assises 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 Mony first paid if it be required Co. 9. lib. Rep. fol. 87. b. 10 H. 7. 8. Daltons J.P. c. 7. f. 28. 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 If any Inn-keeper Alehouse-keeper or Victuallers 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 s. for every Offence If he suffers Townsmen or others to sit tipling in his House he forfeits 10 s. for which the Constables and Churchwardens upon a Warrant from a Justice of Peace ought to distrain and levy the Forfeitures according to the Statute and if there be no Distress to be found or if the Officers neglect within 20 days to certifie the same Default to the Justices the Officer forfeirs 40 s. 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 Offenders to the Goal there to remain till they have paid the said Forfeitures In all these Cases the Distresses are to be kept six days and if the Parties do not pay the Forfeitures within that time then the Distress is to be apprised and sold and the Overplus returned to the Owners if any be 1 Jac. c. 9. 1 Car. 1. c. 4. 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 Victualling-house or against Men for being Drunk viz. for Tipling 3 s. 4 d. and for being Drunk 5 s. to be levied by Distress on the Offenders Goods and sale thereof after six days default of payment rendring the overplus to the Owner and for want of Distress and not able to pay the Tipler is to be set 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 10 s. 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 Months after they are committed and the Constables and other Officers of the Parish may be charged upon their Oaths to present them 21 Jac. c. 7. Dalt J.P. c. 7. f. 28. CHAP. IV. The Constables Office about Arms c. 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 the sight hereof may seize and take away their Armor and other Weapons and cause them to be apprized and answered to the King as forfeited and carry them before a Justice to find Sureties for the Peace 2 E. 3. c. 3. 7 R. 2. 13. Co. 3. part Inst fol. 162. Dalt J. P. c. 9. fol. 35 159. 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 Armor or Weapons 2 E. 3. c. 3. All High Constables Petty Constables and other Officers within their several Parishes are to be aiding and assisting to such Persons as shall have Warrants from the Lord Lieutenants or any two of their
least â—xcept it be in June July and August and 〈◊〉 those Months it must have seventeen Days â—nd under such time it cannot be made wholesome 2. They ought to take out of every Quarter â—f Malt half a Peck or more of Dust by reading Rubbing and Fanning the same beâ—ore they put the same to fale or else they â—orfeit 20 Pence for every Quarter otherwise â—old to be divided between the King and the â—â—former 3. If any Malt shall be put to sale not well â—ade according to the limited time or made 〈◊〉 Mow-burnt or Spired Barley or mixed â—ood and bad together they forfeit two shilâ—â—ngs for every Quarter to be divided as aforeâ—â—id This Act extends not to such as make Malt for their own Provision only and the Forfeitures aforesaid must be prosecuted within one 〈◊〉 ear CHAP. XXII â—â—e Constables Office about disturbing of Ministers IF any Person purposely without Authority disturb a Preacher lawfully licensed in â—reaching Praying or Administration of the â—acraments either by Talking Laughing Humâ—ing or the like any Constable or Church-warden of the Place ought presently to apprehend the Party and carry him before a Justly of the Peace of the same County who mâ—â— commit him to safe custody and within fâ—â— days after with another Justice of the Peace they may examine the Matter and if theâ— find it true by two Witnesses they must commit him to the common Goal there to â—â—main for three Months and from thence 〈◊〉 the next Quarter Sessions at which upâ—â— the Parties Reconciliation and entring â—oâ— Security for one whole Year he may be râ—leased at the discretion of the Justices but if he continue still in his obstinacy he mâ—â— continue in Prison without Bail till he be pâ—nitent 1 Mar. Sess 3. c. 3. Wingates Stat. Tâ— Sacraments Dalt J. P. c. 41. f. 103. He that Rescues an Offender in this kiâ—â—â— shall suffer like Imprisonment and forfeit fiâ—â— pounds and the Inhabitants that suffer such 〈◊〉 Offender to escape being presented before 〈◊〉 Justices at their Sessions of the County or Coâ—poration where the Offence was made do aâ—â— forfeit five pounds Idem CHAP. XXIII The Constables Office about Moss-Troopers THE Constables and other Officers withiâ— the Counties of Northumberland and Câ—â—berland upon Warrant from the Justices of thâ— Peace are to levy by Distress and Sale of thâ— Parties Goods rendring the overplus to thâ— Owners all such Sums as shall be charged upon any Person within their several Constable â—â—â—â—es by the Justices at their Sessions for the â—â—feguard of the Counties against the Injury â—â—heft and Rapine of Moss-Troopers And the â—ustices also may examine any Complaint aâ—â—inst the Constables or other Officers that shall â—eglect or refuse or fail to give obedience to the Act or do any thing in disturbance thereof and bind over such Person to the Quarter Sessions to be proceeded against according to Justice 〈◊〉 3 14 Car. 2. c. 22. This Act was by the Stat. 29 30 Car. 2. c. 2. â—evived and to continue for 7 years and to the and of the first Session of the next Parliament And by 1 Jac. continued for 11 years and from thence to the end of the first Session of the next Parliament CHAP. XXIV The Constables Office about the Peace THE Constable ought to do what he can to keep the Peace but he cannot take Surely of the Peace at the request of any Man H. 7. fol. 18. A. Cromp. 6.12 The Constable or other Officer before he Arrest the Party upon a Warrant for the Peace â—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 Goal 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 〈◊〉 Officer ought to deliver in his Warrant aâ— certifie what he hath done therein Dalt c. 3. If the Party yield to go and find Suretiâ—â— then the Officer may not absolutely Arrest hiâ— yet he is not bound to go up and down wâ—â—â— him till he can get Sureties but he may keâ—â— him till he can get Sureties to come unto hiâ— and if the Party make resistance or offer 〈◊〉 go away afterwards the Officer may caâ—â—â— him to the Goal or set him in the Stocks 〈◊〉 he can get aid to carry him to the Goal Dâ—â— 69. f. 166. If an Officer having a Warrant from a Justâ—â—â— of Peace against a Man to find Sureties 〈◊〉 the Peace and do afterwards receive a Sâ—pâ—sedeas out of the Chancery or Kings Bench 〈◊〉 from another Justice of Peace of the saâ—â— County to discharge the same Surety of tâ—â— Peace and yet nevertheless the Officer wâ—â— cause the Party to find Sureties by virtute 〈◊〉 the Warrant the Party may refuse to give iâ— and if he be arrested or imprisoned for suâ—â— refusal he may have his Action of False Impâ—â—sonment against such Officer for the Sâ—pâ—sedeas is a Discharge of the former Warranâ— Dalt J.P. c. 69. f. 168. If a Constable be informed that a Man aâ— Woman be in a 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 Compaâ—â— with him and if he find them so he may carry them before a Justice of the Peace to finâ— Sureties for their Good Behaviour 13 H. 7. 10 Dalt J.P. c. 75. f. 189. If any shall abuse a Constable in the execuâ—â—on of his Office the Constable may have him â—ound to the Good Behaviour for it Fitz. â—ar 207. Cromp. 135. Any injurious Force or Violence used against â—he Person of another his Goods Lands or â—ther Possessions whether it be by threatning Words or furious Gestures or force of the â—ody or any other Force used in terrorem 〈◊〉 said to be a Breach of the Peace Dalt c. 3. â—ol 9. CHAP. XXV The Constables Office about Physicians THE Constables and other Officers in London and within seven Miles round are to be â—iding and assisting to the President of the Colledge of Physicians and all Persons authorized by the said Colledge for the due execution of the Laws and Statutes belonging to the said Colledge upon Pain of running into contempt to the King 1 Mar. Par. 1. Sess 2. c. 9. Wingates Stat. Tit. Physicians CHAP. XXVI The Constables Office about the Plague IF any Person infected or being or dwelling in an House infected with the Plague shâ—ll be by the Constable commanded to keep his House and notwithstanding shall wilfully go abroad and converse in Company having 〈◊〉 infectious Sore on him it is Felony and such Person shall not have such Sore about hâ—â— yet for his Offence he shall be punished as a â—â—gabond by the appointment of any one Jusâ—â—â—â— of the
Bridge and six yards in breadth in the wing of the Net or hath fished with two of those Nets fixed together or used any Net or Device for taking the Fry of Eels or whereby the Spawn of Fish shall be destroyed shall issue out Warrants under the Hands and Seals of any two of them in their respective Countles to the Under Conservators of the said River or to any Constable Tythingman or Headborough to search in the day-time in all suspected places for such unlawful Instruments and to seize them and bring them to the Quarter Sessions to be burnt or destroyed 30 Car. 2. c. 9. If any Ling Herring Cod or Pilchard fresh or salt dried or bloated or any Salmons Eels or Congers taken by Foreigners Aliens to the Kingdom of England shall be imported uttered sold or exposed to sale in this Kingdom in such case the Constable Headborough c. or any other Person may take and seize the same and one half thereof must go to the use of the Poor of the Parish where the same is so found and seized and the other half to the use of the Party that seizes the same 18 Car. c. 2. CHAP. XVI The Constables Office about forcible Entries c. IF a Constable or any private Person of the same County do refuse to attend and assisâ— the Justices of Peace upon request to remove aâ—â— Force or to convey the Parties to the Goal he may be imprisoned for his neglect and make Fineâ— to the King 15 R. 2. c. 2. Dalt J.P. c. 22. f. 57. CHAP. XVII The Constables Office about Hedge-breaking c. SUch as are convicted before a Justice of Peace for cutting and taking away of Corâ— 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 iâ— they cannot give such satisfaction then the Justice may commit the Offenders 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 Goal there to remain without Bail until he procure the Offender to be whipped as aforesaid 43 El. c. 7. 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 â—ause to be apprehended such Persons as they â—uspect for having carrying or conveying any Burthen or Bundles of any kind of Wood Underwood Poles or young Trees or Bark of â—ny Trees or Gates Stiles Posts Rales Pales Hedge-wood Broom or Furze and any Conâ—â—able 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 â—ustody 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 spoiling 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 Mony as the Justice shall appoint not exceeding ten shillings And for default of performance hereof the Justice may commit the Offender to the House of Correction for 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 Offender is to be sent to the House of Correction for one Month and there he â—â— to hard Labour and if he be convicted thâ— third time then to be punished as an incorâ—â—gible Rogue 15 Car. 2. c. 2. If any Person buy any Burthens of Wooâ— Underwood Sticks c. of any who may jâ—â—â—ly be suspected to have come by the same â—â—lawfully upon complaint to a Justice Head Oâ—ficer c. and if upon Examination by Oaâ—â— it appears That the same were bought of suâ—â— Person as aforesaid the Justice may order 〈◊〉 Buyer to pay the treble value thereof to hiâ— from whom they were stollen and for noâ— payment the Justice may grant his Warrant the Constable to levy the same by distress 〈◊〉 sale of the Offenders Goods rendring to tâ—â— Owner the overplus and for want of such dâ—stress then to commit the Party to the Gâ—â— at his own charge there to remain one Monâ— without Bail Stat. ibid. None is to be punished by this Statute thâ—â— have been punished by any former Law for thâ— same Offence and all Offenders within thâ— Statute must be prosecuted within six Weeâ—â— after the Offence committed Highways See the Office of Surveyors of High-ways and Bridges CHAP. XVIII The Constables Office about Stoned-Horses NOne ought to put to feed upon Forests or Commons except they be Commons where Mares are not usually kept any stoned-Horse being above two years old and not fifteen hands high from the lower part of the Hoof to the upper part of the Wither every hand containing four Inches Standard measure on pain to forfeit the same Horse 32 H. 8. c. 13. If any Stoned-Horse of lesser Stature be put to feed in any such Common unless it be in Fen-grounds of the Isle of Ely and of the Counties of Cambridge Huntington Northampton Lincoln Norfolk or Suffolk where they need be but thirteen hands high any Man may seize them to his own use so that first by the assistance of the Keeper of the Ground or Constable Bailiff Headborough or other such Officer of the Parish adjoyning such Horse be brought to the next Pound and there by such Officer in the presence of three other sufficient Men he be measured and found lower than the Statute 32 H. 8. c. 13. 8 Eliz. c. 8. Wingates Abr. Stat. Tit. Horses Those that refuse to measure or to be present at measuring do foreit 40 s. a piece for every such default to be divided between the King and Prosecutor But note That an Horse that makes an Escape into such Common shall not be questioned so that he stay not above four days after notice thereof at the Owners House or in hâ—â— Parish Church 32 H. 8. c. 13. Forests and Common Grounds must be driveâ— yearly at Michaelmas or within fifteen days after by the Keepers Constables or other Officeâ— abovesaid on pain of forty shillings and thâ— have power
are marked or sealed 8 H. 6. c. 5. 11 H. â— c. 4. The Mayors and chief Officers in Cities â— are once every year at least to view all Meâ—sures and Weights in their Jurisdictions 〈◊〉 to break or burn such as they find defective and to punish the Offenders for the first Oâ—fence six shillings eight pence for the seconâ— thirteen shillings four pence and for the thiâ—â— Offence twenty shillings and besides 〈◊〉 adjudge the Offenders to the Pillory â—1 H. â— c. 4. CHAP. XXXVII The Constables Office about Watches A Watch is to be kept in every Town Parish Village and Tything every nighâ— from Ascension till Michaelmas from Sun-set to Sun-rise which the Constables c. must constantly cause to be set and that by two oâ— four Men according to the greatness of the place 13 Edw. 1. c. 4. Dalt c. 60. f. 140. Pâ—ulâ— Watch. 1. These Watchmen are to apprehend and examine all Strangers that pass by them in the Night and if they find cause of suspition 〈◊〉 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 â—hen if no suspition be found in the Parties â—hey may let them go but if there be found suspition in them then the Watchmen may deâ—iver them to the Constable or Tythingmen 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 Night-walkers Evesdroppers Scouts and such like 1 Dalt c. 60. fol. 140. 5 Ed. 3. 14. 5 H. 7. 5. These three particulars following have been held for Law concerning Watches viz. Dalt J.P. c. 60. fol. 141. 1. The Watchmen must be Men of able Body well and sufficiently armed 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 custom of the place which is most commonly by Turn or House 3. 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 Dalt ibid. But the safest way is for the Constable 〈◊〉 present such Person for his Default at the Assisâ— or Sessions of the Peace or else to complâ—â—â— of him to a Justice of the Peace who 〈◊〉 bind the Offender to the Good Behaviour aâ—â— so over to the next Quarter Sessions there 〈◊〉 answer c. CHAP. XXXVIII The Constables Office about Executing Warrants THE Constable or other sworn Officers whom any Warrant shall be directeâ— and delivered ought with all speed and seâ—â—â—cy to seek and find out the Party and then 〈◊〉 execute his said Warrant A known sworn Officer be he Sheriff Uâ—der Sheriff Bailiff or Constable c. need not to shew his Warrant to a Man when 〈◊〉 comes to serve it upon him though he dâ—mandeth it but if the Justice will direct 〈◊〉 Warrant to his Servant or to another whâ— is no sworn Officer to serve it they mâ—â—â— shew their Warrant to the Party if he demanâ— it or otherwise the Party may make resistance and needs not to obey it Bro. Faux Iâ— pris 23. A sworn and known Officer if he will noâ— shew his Warrant yet he ought to declare to the Party the Contents thereof upon serving it Co. 6.54 9.68 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 â—im not to be an Officer and if he have no â—awful Warrant the Party gieved may have â—is Action of False Imprisonment against him â—o 6.69 If a Constable or other Officer do arrest a Man for the Peace or the like before he hath â—ny Warrant and then afterwards doth proâ—ure a Warrant or a Warrant cometh after to â—im to arrest the Party for the same cause â—he first Arrest was unlawful and the Officer is â—able to an Action of False Imprisonment Dyer â—44 Stat. 43 El. c. 6. Where a Warrant is granted against I. H. the Son of T. H. and the Officer thereupon arresteth I. H. the Son of W. H. although in truth he â—e the same Person that offended and against whom the complaint was made yet this Arrest is wrongful and the Officer is subject to an Action of False Imprisonment 10 E. 4. fol. 12. â—r False Impris 38. If a Constable or any other Person hath arrested a Man by virtue of his Warrant which he hath from a Justice of the Peace and then taketh his Word that he will come to him again at another time to go with him to the Justice according to his Warrant and so latteth the Party go who comes not again at the time appointed it seems the Officer cannot afterwards arrest or take him again by force of his former Warrant because this was done by the consent of the Officer but if the Party arrested had escaped of his own wrong without the consent of the Officer the Officer may take him again and again upon fresh Suit so often as he escapeth although he be out of view or that he fly into another Town 〈◊〉 County Cromp. 214. a. 184. Cro. 53.144 When an Officer hath received a Warrant he is bound to observe and pursue the effeâ—â— of his Warrant in every behalf and particulâ—â— or otherwise his Warrant will not excuse 〈◊〉 of that which he hath done If a Constable or other Officer having lawful Warrant to arrest another and he shâ—â—â— be resisted or assaulted by the Party or by aâ—other Person then may that Officer justifie tâ—â— heating or hurting of such Persons and other upon his request may and ought to aid hiâ— 21 H. 7.39 If a Justice of Peace shall issue our any Waâ—rant for a Matter wherein he hath Jurisdictioâ— although it be beyond his Authority yet it 〈◊〉 not disputable by the Constable or other sâ—â—â— Officer but must be obeyed and executed 〈◊〉 the Constable or other Officer to whom it 〈◊〉 brought As if a Justice of Peace shall seâ—â— forth his Warrant to arrest one for the Peaâ—â— or Good Behaviour without cause the Officeâ— that serves this Warrant shall not be punisheâ— for the executing thereof but if a Justice 〈◊〉 Peace shall make his Warrant to do a thiâ—â— out of his Jurisdiction or in a Cause whereâ—â— the Justice of
to drive them at any other time 〈◊〉 the Year at their pleasure and such likewiâ—â— have the Owners of the Ground And if upâ—â— the Drift any unlucky Tits shall be found theâ— may be killed 32 H. 8. c 13. Wingates Abr. Stâ—â— Tit. Horses Note That this Act of the 32 H. 8. c. 13. not to extend to the County of Cornwal 21 Jâ—â— c. 28. CHAP. XIX The Constables Office about Hue and Cry THE Constables or Tythingmen of everâ— Town Parish or Village to whom Hâ—â— and Cry shall come ought to search in 〈◊〉 suspected Houses and Places within their liberties and as well the Officers as all other Persons which shall pursue the Hue and Cry may take and stay all such Persons as in their Search and Pursuit they shall find to be suspicious and shall carry them before some Justice of the County where they are taken to be examined where they were at the time of the Felony committed and if any default be in the Officers they may be fined by the Justices for their neglect Dalt J.P. c 28. fol. 75. Where a Hundred is sued for a Robbery and â—amages are recovered against one or some â—â—w Inhabitants of the Hundred and the rest â—efuse to contribute thereunto in such case â—wo Justices of the Peace one of the Quorum â—welling within or near the Hundred may for the levying thereof set a Tax upon every Parish within that Hundred according to which the constables or Tythingmen of every Parish must â—â—ax the particular Inhabitants within their Liberties and then levy the Mony upon such â—s refuse by Distress and Sale of their Goods â—estoring the overplus if any be and after the â—ony is gathered they are to restore the same â—o the Justices or some of them that made the â—â—ate within ten days 27 Eliz. c. 13. Dalt J.P. â— 48. fol. 132. That Hundred where Fresh Suit shall cease shall answer half the Damages to the Hundred where the Felony was committed to â—e recovered in any Court at Westminster in the Name of the Clerk of the Peace of the County where the Felony was committed in which case the Death or Change of the Clerk of the Peace shall not abate the Suit And this Recovery is to be taxed and levied as the former 27 Eliz. c. 13. Where any one of the Robbers is apprehended or where the Action is prosecuted within one Year after the Robbery committed the Hundred is not chargeable for the Robbery Observe likewise that the Hue and Cry shall not be judged legal unless the Pursuit be both by Horse and Foot Bract. lib. 3. fol. 121. Dalt J.P. f. 133. He that goeth not at the command of thâ— Sheriff or Constable at the Cry of the County that is upon Hue and Cry to arrest Felonâ— after Attainder shall be grievously fined aâ— imprisoned Westm 1. c. 9. Co. 2 part Inst fâ—â— 172. CHAP. XX. The Constables Office about Labourers c. THE Constable in the time of Hay anâ— Corn Harvest upon request to him made by any Man that wants Labourers to geâ— in his Harvest to prevent loss thereof may cause all such Artificers as he shall see meeâ— to labour to serve by the Day for Mowing Reaping or otherwise for the getting in oâ— Corn or Hay abroad according as they seeâ— fit and able to perform And if such Persons shall refuse to work after they are requested thereunto the Constable may set then in the Stocks by the space of two days and one night and if the Constable neglect to perform his Office herein he forfeits forty shillings 5 Eliz. c. 14. No Person retained in Husbandry or in any Arts appointed by that Statute shall depart after the time of such retainer expired out of the City Town or Parish where he last served to serve in another without a Testimonial viz. in a Town Corporate under the Hands and Seals of the Magistrate and two Housholders there and in the Country under the Hands and Seals of the Constable or other â—fficers and two Housholders of the Town or â—â—rish where he last served which Testimoâ—â—al is to be registred by the Minister for which he is to have two pence and then to 〈◊〉 delivered to the Party 5 Eliz c. 4. The Form of a Testimonial for a Servant MEmorandum That J. S. Servant to J. D. of Bramsil in the County of Southampton â—oman is licensed to depart from his said Maâ—â—r and is at liberty to serve elsewhere according to the Statute in that case made and proâ—â—ded In witness whereof we have hereunto 〈◊〉 our Hands and Seals this 25th day of August in the 22th Year of the Reign of our gracious Sovereign Lord King Charles the Second 670. Ri. Turner Constable of Bramsil R. C. J. D. Housholders there If it be one that lives with a Woman then â—â—y is licensed to depart from his Mistress or â—ame as she is if the Master be not a â—â—oman or Husbandman but an Handycraftsâ—an as Taylor Smith c. then Name him 〈◊〉 in the Testimonial The Master that retains a Servant without â—â—ch a Testimonial forfeits 5 l. being thereof convicted by Indictment taken in the Sessions of the Peace and every Servant which shewâ—â—h not such a Testimonial to the chief Officer 〈◊〉 a Corporation or to the Constable or other Officer Minister or Churchwarden of the place where he is to dwell may be imprisoned until he â—rocure one and if he produce not one within one and twenty days next after the first dayof 〈◊〉 Imprisonment or if he shall shew a false or coâ—â—terfeit one then he is to be whipt and used â—s Vagabond 5 Eliz. c. 4. Dalt J.P. c. 31. f. 63. This Statute as to this particular of Tesâ—â—monials is now grown in a manner quite oâ—t so seldom used that it 's scarce know Although the Penalty in the same be strict 〈◊〉 severe yet it is of good use and so are great many Penal Statutes more very benefit to the Commonwealth if they were duly 〈◊〉 in execution especially those enacted to punâ—â—â— the daily Offences of Brewers Bakers Aâ—â— houses all such as use false Weights or Measurâ— Millers Forestallers Ingrossers Regrators 〈◊〉 multis aliis c. These are the Caterpillars 〈◊〉 the Kingdom CHAP. XXI The Constables Office about Malt-making THE Constables and Bailiffs of any Towâ— ought from time to time to view aâ—â— search all such Malt as shall be made or putâ— sale within any of their Liberties and if theâ— find any being evil made or mingled with 〈◊〉 Malt then the Constable or Bailiff with adviâ—â— of one Justice of Peace may sell the same 〈◊〉 such Persons at such a Rate as the Justice thiâ—â— fitting 2 E. 6. c. 10. 21 Jac. c. 28. 3 Car. â— c. 4. Stat. 2 E. 6. c. 10. There are three sorts 〈◊〉 evil and deceitful Malt viz. 1. Where Barley and Malt hath not in the â—aking thereof in the Vat Floor Steeping â—nd Drying thereof three Weeks at the
Chief Officer of the City Borough c. before whom the Offender â—s convicted by View Confession or Oath of â—one Witness shall give Warrant to the Constaâ—les or Churchwardens to seize the Goods â—â—ried or put to sale and to sell them and to â—evy 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 the Penalties to be to the Poor of the Parish where the Offence â—s committed saving that the Justice or Head Officer may reward Informers the Reward not exceeding a third part of the Penalties But Prosecution must be made upon this Act within â—en days after the Offence committed 29 Car. 2. c. 7. Dressing of Meat in Families Inns Cooksâ—hops c. and crying of Milk before nine in the Morning or after four in the Afternoon are not prohibited by this Act 29 Car. 2. c. 7. No Writ Process Warrant c. shall be served on the Lords day except for Treason Felony or Breach of the Peace but the Service shall be void and the Party serving it shall answer Damages as if done without Warrant 29 Car. 2. c. 7. CHAP. XXXIV The Constables Office about profane Swearing IF any Person or Persons shall profanely Câ—â—â— and Swear for every time so offending theâ— forfeit twelve pence the Offence to be proâ—â— within twenty days after it is committed 〈◊〉 the Oath of two Witnesses or by Confession the Party before any Justice of Peace or Hâ—â— Officer of any City or Town Corporate wâ—â— thereupon may issue out their Warrant to thâ— Constables and Churchwardens and Overseâ—â— of the Poor of that Parish where the said Offenâ—â— shall be committed and the said Constables oâ— are to levy the Sum and Sums of Mony by 〈◊〉 stress and sale of the Offenders Goods rendrâ—â— the overplus if any be to the Owner 21 Jâ—â— c. 20. 3 Car. 1. c. 4. Wingates Stat. Tit. Sweariâ—â— Dalt J.P. c. 55. f. 138. Note Where no Distress is to be had thâ— Offender if above twelve years of Age shâ—â— by Warrant as aforesaid be set in the Stocâ—â— three whole hours but if the Offender be â—â—der the Age of twelve years and shall not forth with pay the said Sum of twelve pence per Oath then he or she is to be whipped by the Constableâ— or by the Parent or Master in the Constable presence 21 Jac. c. 20. 3 Car. 1. c. 4. Dalt J.P. c. 55. fol. 138. CHAP. XXXV The Constables Office about Tobacco Planting ALL Sheriffs Justices of Peace Mayors Bailiffs Constables and every of them â—pon Information or Complaint made to them 〈◊〉 any of them by any of the Officers of the â—ustoms or by any other Person or Persons â—hatsoever that there is any Tobacco set sown â—anied or growing within their Jurisdictions 〈◊〉 Precincts except such as is growing in any â—hysick Garden of either University or in any â—â—her private Garden where the quantity of â—round planted exceeds not one half of one â—â—ble in any one Place or Garden they are withâ—â— ten days after such Information or Complaint 〈◊〉 cause to be burnt plucked up consumed or â—â—terly destroyed all such Tobacco so set sown â—anted or growing 12 Car. 2. c. 34. And if any Person or Persons shall resist or â—ake forceable opposition against any Person or â—ersons in the due execution of this Office as aâ—vesaid every Person or Persons for every such â—ffence shall forfeit the Sum of five pounds to 〈◊〉 recovered in any Court of Record and be so committed to the Common Goal of the â—ounty where the Offence was committed there 〈◊〉 remain without Bail or Mainprize until he â—â—e or they do enter into Recognizance to his â—ajesty his Heirs and Successors with two suffiâ—â—ent Sureties in ten pounds Penalty not to do 〈◊〉 commit the like Offence again 12 Car. 2. c. 34. â—â— Car. 2. c. 7. And now by the Stat. 22 23 Car. 2. It further provided That the Justice of Peace 〈◊〉 a month before every Quarter Sessions 〈◊〉 Warrants to High Constables Petty Constablâ— and Tythingmen to make search what Toâ—â—â—â— is then sown planted or made and by whoâ—â— and to make Presentment thereof in Wriâ— upon Oath at the next Quarter Sessions whâ—â— Presentment shall be a conviction in Law 〈◊〉 less the Party having ten days notice before 〈◊〉 Sessions traverse the same there and find Sâ—â—â—ties to prosecute his Traverse the next Quarâ—â—â— Sessions after such Traverse entred 22 〈◊〉 Car. 2. c. 26. Constables Tythingmen and other pubâ—â—â—â— Officers shall from time to time within fourtâ—â—â— days after Warrant from two or more Justiâ—â— of Peace calling to them such as they find câ—â—venient destroy all Tobacco planted or grâ—â—ing in any Ground If such Tobacco be 〈◊〉 consumed fourteen days after receipt of 〈◊〉 Warrant such Constables Tythingmen or otâ—â—â— Officers respectively shall forfeit five shilliâ—â— for every Rod so set or planted c. and pâ—â—portionably for a greater or less quantity 〈◊〉 moiety to the King the other to him that â—â—t sue for the same 22 23 Car. 2. c. 26. Persons refusing to assist the Constable â— being convicted before two Justices of Peacâ— shall forfeit five shillings to be levied by distrâ—â—â— and sale of Goods and for want thereof shall 〈◊〉 committed for a week And Persons forcâ—â—â—â— resisting any Constable c. being convicted aforesaid shall forfeit five pounds to be levied aforesaid and in default thereof shall be coâ—mitted for three months 22 23 Car. 2. c. 26. Physick Gardens and Gardens for Chirurgery â—xcepted as in the former Acts. Persons sued â—or acting in Pursuance of any of these three Acts of Parliament may plead the General Issue â—nd give the special Matter in Evidence This Act is to continue nine years and from thence â—o the end of the Session of Parliament then next â—nsuing 22 23 Car. 2. c. 26. Continued 1 Jac. 2. for seven years and from â—hence to the end of the next Session of Parliament CHAP. XXXVI The Constables Office about Weights and Measures 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 Half-penny and for a Draught between an hundred and a thousand one Penny wherewith the Weights are to be maintained and the Officers which attend that Service are to be rewarded at the discretion of the Inhabitants 8 H 6. c. 5. Every City which wants such Weights and Measures forfeits 10 l. to the King every Borough 5 l. and every Market Town 40 s. and the chief Officers of such places upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings Subjects taking for the marking of every Bushel one Penny and none ought to 〈◊〉 with any other Weights and Measures but sucâ— as
Bastard Child and not the reputed Child of such an one and the Justices for the better discovery of the Matter may upon Oath examine the Mother her self concerning the reputed Father the time c. Dalt J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154 245 246 247 388. and see Pridgeons Case Hill 9 Car. 1. B.R. and Slaters Case Pasch 13 Car. 1. B.R. Cro. Rep. 1 part CHAP. V. The Overseers Office in making of Rates and passing Accounts THE Churchwardens and Overseers of the Poor or the greater part of them for the doing and performing of the things they have in charge may raise weekly or otherwise by Taxation of every Parson Vicar and other Occupier of Land House or Tithes Cole-mines or saleable Underwoods within the Parish Town c. such a Sum as they shall think fit and this Rate they must have allowed and confirmed under the Hands of two Justices Quor unus and then by Warrant from them or any other two Justices Quor unus they may levy by distress and sale of the Goods of the Party refusing to pay the said Tax rendring the overplus to the Owners and in default of Distress two such Justices may commit the Party to prison there to remain without Bail till he be discharged by him 43 El. ch 2. Dalt J. P. c. 73. f. 148. Wingates Stat. Tâ—â— Poor People Now these Rates ought to be well and trâ—â— made according to Mens visible Estates real iâ— personal within the place only and not 〈◊〉 any Estate elsewhere at Lincoln Assises 9 Caâ—â— by Justice Hutton and Crook Note That a Parish in Reputation shall be Parish within this Law so that if A. be ancient Parish that hath Officers in it and theâ—â— be a Town within this Parish which for a long time hath been used and reputed as a Parish and hath all Parochial Rights as Churchwardens c. here this place may be rated as tâ— Parish towards the Poor Huttons Rep. fol. 93. 〈◊〉 M. 3 Car. B.R. Hilton Pauls Case Cro. 3 pâ—â— Rep. This Tax must be set upon the Tenants and Occupiers of Lands and not upon the Laâ—â—lords Living within or without the Parish 〈◊〉 the Tenant only is chargeable for the Land Bâ—â—strods 1 part Rep. fol. 354. The Parson having a full tenth Part of the Profits of the Place may be rated to a tenth Part Resol Judges 1633. sect 33. He that doth occupy Lands in his own Hands lying in several Parishes he must be charged in every Parish for his Land lying therein only according to the proportion thereof and 〈◊〉 more but for his personal Estate it seems reasonable he should be charged for it in the place where his Person is All Lands Ancient Demesn Guildable and Copyhold are to be charged with these Rates which ought to be according to the value or by the pound and not according to the quantity Sed consuetudâ— tollit Legem The Rate for Stock or 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 pound a year in Land Note That in some special Cases a Man may be rated beyond his Ability as where one brings a Charge upon a Parish or under any pretence brings in a Man that may be chargeable in a Parish he may if there be cause for this be raised in his Rate to the full value of his Estate and so was the Opinion of Sir Nicholas Hide Dalt J.P. c. 73. f. 167. Where the Inhabitants of any Parish are not able to relieve their Poor any two Justices Quor unus may tax other Parishes and Places within the Hundred yea the whole Hundred if need require and where that is not sufficient the Justices in their Sessions may tax the County in part or wholly at their discretion 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People 14 Car. 2. c. 12. 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 be relieved at the Quarter Sessions Dalt J.P. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People The Father Grandfather Mother Grandmother and Children of every poor Person shall be assessed towards their Relief as the Justices of the Peace in their Sessions of the Peace in the County where such Father c. dwells shall limit and appoint on pain to forfeit 20 s. a month to the use of the Poor to be levied by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43 El. c. 2. Wingates 〈◊〉 Stat. Tit. Poor People Dalt J.P. c. 73. f. 1â—â— Head Officers in Cities and Corporate Towns and Aldermen of London have in their severaâ— Precincts like Authority that Justices of Peace have in their Counties and no other Justiceâ— of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. If any Parish shall extend into two Counties or part thereof to lie in any City or Corporate Town where they have Justices Then the Justices of every County c. are to intermeddle only within their own Limits and every of them respectively within their Limits are to execute this Law concerning the nomination of Overseers binding of Apprentices granting Warrants to levy Taxations taking Account of Overseers and committing such as refuse 〈◊〉 account or to pay their Arrearages and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up Accounts to the Justices or Head Officers of both Places Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. Dalt J.P. c. 73. f. 156. These Officers within four days after the end of their Year and that other Officers are nominated are to yield up a true Account to two Justices Quor unus of these things following 1. What Sums of Mony they have received or rated and not received 2. What stock of Ware or Stuff is in their Hands or is the Hands of any of the Poor 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. What Poor they have suffered to wander and beg out of their Town or in the Highways or in their Town without their directions 6. Whether they meet monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferent upon all Men according to their Ability 8. Whether they have endeavoured to gather and levy such Assessments 9. Whether they have neglected the Justices Warrants to them or any of them directed for the levying of any Forfeiture according to the Stat. 43 El. c. 2. Dalt J. P. c. 73. f. 153. By the Statute of 30 Car. 2. for Burying in Woollen the Justices are not to allow the Accounts of the Overseers of the Poor until they
to two Justices of the Peace within twenty eight days after new Scavengers are Elected and to pay what Mony remains in their Hands to the new Scavengers The Scavengers and Rakers for any of the said Parishes shall have liberty by the Order of the Justices in the Petty-Sessions or any two of them to lodge their Soil in such vacant places near the Streets or High-ways aâ— shall be thought convenient by the said Justices for the accommodation of the Country Cartâ— returning empty from the said Parishes they giving satisfaction to the Owners of such vacant places and in case of unreasonable Demands the Justices in their Petty Sessions may hear and moderate the same If any Persons find themselves aggrieved with the Rates made by virtue of this Act or any ways prejudiced by the determination of the Justices in their Petty-Sessions they may have recourse to the Justices at their General Quarter Sessions of the Peace And whereas there are many Common High-ways within the said Parishes which cannot be sufficiently repaired by means of the Laws now in force an Assessment may be made upon all the Inhabitants Owners and Occupiers of Lands and Houses or personal Estate usually ratable to the Poor within any of the said Parishes to be collected by such Persons as the Justices shall appoint at their General Quarter-Sessions the Mony so collected to be employed as the Justices shall direct towards repairing the said High-ways No such Rate shall exceed four pence in the Pound in any one year in the yearly value of Lands Houses or Tenements nor of eight pence for every twenty pounds in personal Estate No Person or Persons whatsoever shall suffer his Waggon Cart or Car to stand in the Hay-market near Pickadilly in the Parish of St. Martin in the Fields St. James within the Liberty of Westminster Borough of Southwark or any other place in the Parishes within the Weekly Bills of Mortality loaden with Hay or Straw to sell the same from Michaelmas to Lady-day after two of the Clock in the Afternoon and from Lady-day to Michaelmas after one in the Afternoon on pain to forfeit five shillings for every Offence and Neglect The Owners and Proprietors of any Cart Car or Dray the Wheels whereof shall not be made six Inches in the breadth or shall be shod with Iron or be drawn with above two Horses shall forfeit forty shillings for every time such Cart Car or Dray shall be used for the uses and to be levied as aforesaid This shall not extend to any Country Cart or Waggon that shall bring any Goods to the Cities or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places One Justice of Peace upon View or Confession or Oath of one Witness may convict any of the Offences aforesaid If Conviction be upon proof one Moiety to the Overseers of the Poor for the Relief of the Poor of the Place where the Offence was committed the other Moiety to him that shall discover and prosecute the same But if the Conviction shall be by the View then one half to the Poor the other towards repairing and cleansing the Streets to be paid to the Scavengers of the Place to be levied by the Justices Warrant under Hand and Seal to the Constable by Distress and Sale or for want of Distress or Payment within six days after notice at the House to be sent to Goal without Bail uâ—â—â—â— payment No Person within the Cities of London and Westminster and Liberties of the same Borough of Southwark and Parishes aforesaid shall breed feed or keep any Swine in any Houses or Backsides of the paved Streets where the Houses are contiguous on pain to forfeit the same to the Churchwardens and Overseers of the Poor of the Parish where such Swine shall be kept to the use of the Poor The Churchwardens Chappel-wardens Overseers of the Poor Constables Beadles Headboroughs or Tythingmen of any the Parishes in the said Cities and Places respectively in the day-time with a Warrant under the Hand and Seal of the Lord Mayor or any other of their Majesties Justices of the Peace may search for such Swine and if any be found they may seize and carry them away and sell them for the best price that can be had and distribute the Mony to the Poor of the Parish where they were seized CHAP. VI. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case four Justices of the Peace whereof one to be of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town Corporate then fort such Justices of Peace there may within the Limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town Corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other Inhabitants and with their Assents may Tax every Inhabitant in any such City Town or Parish within their Limits to such reasonable Sum of Mony as by their Discretions they shall think convenient as well for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the Ends of any such Bridges 22 H. 8. c. 5. Dalt J.P. c. 16. f. 44. Co. 2 part Inst f. 701 702. But Note Where the Franchise City or Borough is a County of it self and hath not four or more Justices of the Peace whereof one or more are of the Quorum in this case no other Justices of the Peace of any Shire or County have any power to meddle there by this Act but such decay must be reformed by the Common Law by such Remedy as they were before the making of the Statute of 22 H. 8. Co. 2 part Inst f. 702. And note That this Taxation ought not to be made by the Justices without the Consent of the Constables or Inhabitants nor by them without the Justices and this Tax ought to be upon every Inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or two might be distrained upon for the whole Co. 2 part Inst f. 704. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular Person so by them taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2 part Inst fol. 704. Dalt J.P. c. 16. ibid. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set
to make Proclamation That those that have Fairs keep them no longer then they ought to do and every Lord of a Fair shall at the beginning thereof make Proclamation how long the same is to continue upon pain to be grievously amerced to the King And if they hold them longer than they ought they shall be seised into the Kings Hands until they make Fine for the Offence and if a Merchant sell Ware after the time the Fair ought to end he shall forfeit to the King double the value of what is sold and the Prosecutor shall have the fourth part Dalt J. P. c. 62. f. 138. The Owner or Chief Keeper of every Fair and Market-overâ— are to appoint and limit out a certain and open place within the Town Place Field or Circuit where Horses Mares Geldings and Colts must be sold and they must appoint one sufficient Person or more to take Toll and keep the same place from ten of the Clock before Noon until Sun-set of every day of the foresaid Fair or Market upon pain to lose for every Default 40 shillings 2 3 P. M. c. 7. Co. 2 part Inst f. 715. The Toll-gatherer his Deputy or Deputies are to take their due and lawful Tolls for every Horse Mare c. at the place and times aforesaid and they are to have before them at the taking of the said Toll the Parties to the Bargain Exchange Gift Contract or putting away of every such Horse Mare c. and also the same Horse Mare c. so sold exchanged or put away and then the Toll gatherer must write in his Book the Names Sirnames and dwelling Places of all the said Parties and the Colour with one special Mark at the least of the said Horse Mare c. on pain to forfeit for every Default 40 shillings 2 3 P. M. c. 7. Co. 2 part Inst f. 7 5. And the said Toll gatherer is within one day after the Fair c. to bring his Book to the Owner Governour or Ruler c. of the Fair or Market who is then to cause a Note to be made out of the same of the true number of all the Horses Mares c. sold at the said Fair or Market to which Note he must set his Hand or Mark on pain of 40 shillings And if the Toll-gatherer neglect to bring the Book as aforesaid he also forfeits 40 shillings 2 3 P. M. c. 7. Co. 2 part Inst f. 715. Where no Toll is due the Book-keepers Fee for entring every Contract is one penny and no more 2 3 P. M. c. 7. Co. 2 part Inst f. 716. Now since the making of this Stat 2 3 P. M. It is further provided by the 31 Eliz. That every Seller or Exchanger of any Horse Mare c In a Fair or Market which is unknown to the Toll-taker or Book-keeper must procure one credible Person that is well known to the Toll-keeper or Book-keeper who is to vouch and testifie his Knowledge of the Seller and the Toll-taker or Book keeper is to enter both the Names and Sirnames Mysteries and Places of Dwelling of the Seller and Voucher into his Book with the Colour Mark and Price of the Horse Mare c. so sold or exchanged and he is to give the Buyer if he require it a Note in writing out of his Book concerning the Contract subscribed with his Hand for which he is to have two pence 31 El. c. 12. Co. 2 part Inst f. 717 718. Every Toll-taker or Book-keeper that suffers a Sale to pass without a Voucher unless he know the Party of his own Knowledge as aforesaid and every Person making false Testimony or Avouchment in the behalf aforesaid and every Seller unknown to the Toll-taker not bringing a Voucher and causing the same to be entred as aforesaid forfeits five pounds one Moiety thereof to the King and the other to the Prosecutor and also the sale of such Horse Mare c. to be void 31 El. c. 12. Co. 2 part Inst f. 718. And note That though an Horse Mare c. be at the sale used in all the Points aforesaid with Voucher c. yet the right Owner his Executors or Administrators may redeem a stoln Horse if they claim him within six months after the stealing at the Parish or Corporation where they shall find him and make proof within 40 days after by two sufficient Witnesses before the next Justice of Peace of the County or before the Head Officer in a Corporation that the Horse was theirs and repay to the Buyer such price for the Horse as the same Buyer shall upon his own Oath before such Justice or Officer testifie he paid for him 31 El. c. 12. Wingates Stat. Tit. Fairs and Markets Co. 2 part Inst f. 718. If a stoln Horse be not sold in Fair or Market according to the Rules aforesaid then such Sale does not alter the Property of the right Owner but he may seize or replevy him wheresoever he finds him 31 El. c. Wingate ubi supra Co. 2 part Inst f. 718. No Person shall buy any Oxen Ronts Steers Kine Heifers Calves Sheep Lambs Goats or Kids alive and sell the same again unless he keep the same five Weeks in his own Grounds or where he hath Herbage by Grant or Prescription upon pain to lose double the value of the Cattle one Moiety to the King the other to the Informer 5 Ed. 6. c. 14. By the Stat. 22 Car. 2. c. 8. There shall be no Bushel but the Winchester Bushel containing eight Gallons and none shall sell by other Measure on pain of 40 shillings If the Clerk of the Market of the Kings House or others authorized to mark or seal Measures being required shall neglect or refuse to seal or mark any Bushel Half Bushel or Peck duly gauged he forfeits 5 l. for the first Offence and for every other Offence 10 l. or if the Kings Clerk of the Market of his House take more than his Fees or if any other take above one peny for sealing a Bushel one half peny for the Half Bushel or Peck or more than one farthing for any lesser Measure he incurs the Penalties in the Stat. 17 Car. 1. That at the charge of such Persons who have the Toll or profit of the Market where no Toll is taken there shall be before 29 Sept. 1670. one Measure of Brass provided and chained in the Market-place upon pain to forfeit 5 l. 22 Car. 2. c. 8. By the Stat. of 22 23 Car 2. It is further provided That whosoever shall sell or buy any Corn or Salt by the Bag or without measuring being thereunto required or in any other manner than as by the Stat. 22 Car. 2. c. 8. is directed and without shaking the Measure by the Buyer shall forfeit besides the Penalty in the former Act all the Corn or Salt or the value therefore to the Person or Persons complainâ—â—g 22 23 Car. 2.