are to be maintained and the Officers which attend that service are to be rewarded at the discretion of the Inhabitants 8 H. 6. ch 5. 11 H. 7. ch 4. Every City which wants such Weights and Measures forfeits ten Pounds to the King every Borough five Pounds and every Market-Town forty Shillings 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 sell with any other Weights and Measures but such as are marked or sealed 11 H. 7. ch 4. The Mayors and chief officers in Cities c. are once every year at least to view all Measures and Weights in their Jurisdictions and to break or burn such as they find defective and to punish the offendors for the first offence 6. Shillings eight pence for the second 13. Shillings four pence and for the third offence 20. Shillings and besides may adjudge the offendors to the Pillory Purveyance 13 Car. 2. ch 8. The Clerk or chief officer of the Kings Carriages shall three dayes before His Majesties arrival by warrant from the Green-cloth give notice in writing to two Justices of the peace adjoyning to the place where His Majesty is to come to provide such a number of Carts and Carriages as the said Offcer shall need for that work and to express the time and place where the said Carts and Carriages are to attend and then these Justices are to require the Countrey to provide the number of Carts and carriages of four able Horses or four Oxen and two Horses a piece at six pence a mile for every mile they go laden to be payd them in hand at the place of Lading and no Carriage to be enforced to travel above One dayes journey from the place where they receive their lading and if any refuse or shall not be ready at the time and place and having not good cause to the contrary the Justices upon proof thereof by two witnesses or the oath of the Constable or other officer may by their warrant cause to be levied by distress and sale of the offendors goods 40. Shillings 13 Car. 2. chap. 8. If any Justice of peace or officer take any gist to spare any person from making such Carriage or shall press more Carriages than is directed from the Green-cloth the offendor forfeits Ten pounds to be recovered by any person by Action of Debt in any Court of Record 12 Car. 2. ch 24.13 Car. 2. ch 8. No pre-emption shall be allowed to the King His heirs or successors nor to the Queen or any of the Children of the Royal Family in market or out of market but all subjects may dispose of their goods as they please And if any person shall make any Purveyance or impress any Carriages otherwise than is appointed by 13 Car. 2. ch 8. by order from the Green-cloth or other things by colour of any authority of Purveyance for the King c. contrary to the Act 12 Car. 2. ch 24. then two or one Justice of the peace next adjoyning and the Constable of the place where such offence is committed upon complaint of the party grieved may send the offendor to the Gaol until the next Sessions there to be indicted for the same And the party grieved may have his Action against the offendor and therein shall recover treble Damages and treble Costs 14 Car. 2. ch 20. Two or more Justices of the peace by Warrant from the Lord High-Admiral of England or two or more of the principal Officers or Commissioners of the Navy or the Master of his Majesties Ordnance or the Lieutenant of His Ordnance are to provide Carriages with horses and oxen out of the Countrey not being above twelve miles distant from the place of Lading the owners of which Carriages or their servants are to receive Twelve pence a Mile for every Load of Timber and Eight pence a Mile for every Tun of other commodities And such persons as neglect or refuse to make their appearance upon oath thereof made before the Justices by the Constable or two witnesses the person refusing or neglecting forfeits Twenty shillings to be levied by distress and sale of his Goods by warrant from the said Justices Mayor or other chief Officer or from the principal Officers or Commissioners of His Majesties Navy or Master or Lieutenant of His Majesties Ordnance rendring to the owner the overplus if any be first deducting the charge of Distreining Stat. ibid. No Horses c. or Land-carriage shall be forced to travel more dayes-journey from the place where they receive their lading nor be compelled to continue longer in the employment than the said Justices shall appoint and that ready money be paid to the parties in hand at the place of Lading according to the Rates aforesaid The Act of 14 Car. ch 20. 13. cap. 8. are to continue until the end of the first Session of the next Parliament High-wayes 14 Car. 2. ch 6. The Churchwardens Constables or Tythingmen of every parish are upon Monday or Tuesday in Easter-week after notice given publickly in the Church the Sunday before after Morning prayer ended with the advice and consent of the major part of the Parish then present to chuse two or more sufficient Inhabitants of the place to be Surveyors for the High-wayes for the Year following and give notice thereof to the parties chosen in writing under pain of Five pounds This Act is to continue until the end of the first Session of the next Parliament 2 3 P. M. ch 8. The Churchwardens and Constables c. offending herein may be punished by Fine or Amerciament at the Quarter-Sessions by the discretion of the Justices Stat. ibid. P. M. 5 Eliz. ch 13. The Constables and Churchwardens are then also to appoint six dayes between that and the four and twentieth day of June for the Amendment of the High-wayes and to give publick notice thereof in the Church the next Sunday after Stat. idem Stewards in Leets have power to inquire after the breach of this Statute about High-wayes and to set Fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented Estreats thereof under their hands and seals viz. one part to the Bayliff or High-Constable of the Liberty and the other to the Constable and Churchwardens where the default was made Stat. idem In default of presentment thereof in Leets the Justices of peace may inquire thereof in their Sessions and set such Fines as they or any two of them whereof one must be of the Quorum shall think fit whereof the Clerk of the peace shall deliver indented Estreats in manner as is aforesaid Stat. idem Dalton J. P. ch 76. fol. 71. These Estreats of Stewards of Leets or Clerk of the peace shall be a sufficient Warrant for the Bayliff or chief Constable to levy the
and in case of resistance break open the doors chests trunks and other package there to seize and from thence to bring any kind of goods or Merchandize whatsoever prohibited and uncustomed and to put and secure the same in His Majesties Storehouse in the Port next to such place where the seizure shall be made Idem All Officers belonging to the Admiralty Chaplains and Commanders of Ships Forts Castles and Blockhouses and all Justices of peace Mayors Sheriffs Constables and Headboroughs and other the Kings officers and subjects whatsoever whom it may concern are to be aiding and assisting to all and every person and persons which are or shall be appointed by His Majesty to manage his Customs and if the Officers of the Customs or any acting in ayd of them shall be sued indicted prosecuted or molested such persons their Heirs Executors and Administrators may plead the general issue and give the several Acts relating to the Customs or any of them in evidence 4. Excise 12 Car. 2. ch 23 24. Gagers employed by the Commissioners of Excise are to take the Constable with them when they enter by night into any house to Gage their Coppers Fatts or vessels or to take an account of their Liquors made brewed or distilled in their Houses Idem Such persons as shall be convicted before the Justices of peace or Commissioners of Excise of any offence and forfeiture within the Acts of Excise the Constables by warrant from the Justices of peace are to levy the Penalties upon the goods of the offendors by distress and sale thereof rendring the overplus and for want of distress they are to convey the offendors to the Gaol there to remain until satisfaction be made And the Constables upon warrant are to summon Alehouse-keepers c. to appear before the Commissioners at such places and times as shall be appointed in the Warrants CHAP. IX Concerning disturbing of Ministers Swearing Recusants Conventicles 1. Disturbing of Ministers 1 Mar. Sess 3. ch 3. Wingate's Stat. tit Sacraments Dalt J. P. ch 41. fol. 103. If any person purposely without Authority disturb a Preacher lawfully Licensed in preaching praying or administration of the Sacraments either by talking laughing humming or the like any Constable or Churchwarden of the place ought presently to apprehend the party carry him before a Justice of the peace of the same County who may commit him to safe custody and within six dayes after with another Justice of the peace they may examine the matter And if they find it true by two Witnesses they must commit him to the common Gaol there to remain for three Months and from thence to the next quarter-Quarter-Sessions at which upon the parties reconciliation and entring into security for one whole Year he may be released at the discretion of the Justices but if he continue still in his obstinacy he must continue in Prison without bayl till he be penitent Idem He that Rescues an offendor in this kind shall suffer like Imprisonment and forfeit Five pounds and the Inhabitants that suffer such an offendor to escape being presented before the Justices at their Sessions of the County or Corporation where the offence was made do also forfeit Five pounds 2. Prophane Swearing 21 Jac. ch 20. 3 Car. 1. ch 4. If any person shall prophanely Curse or Swear they forfeit Twelve pence for every time so offending the offence must be presented within Twenty dayes and proved by two Witnesses or confession of the party before a Justice of peace or Head-officer of a City or Town-corporate who may thereupon issue out their Warrant to the Constables Church-wardens and Overseers of the poor of the Parish where the offence was committed to levy the Forfeitures by distress and sale of the offendors Goods rendring the overplus to the owner if any be Idem Where no Distress can be found the offendor if above Twelve years of age shall by warrant from a Justice c. be set in the Stocks three whole Hours But if the offendor be under Twelve years of age and do not forthwith pay the forfeiture of Twelve pence per Oath then must such offendor be whipped by the Constable or by the Parent or Master in the presence of the Constable 3. Recusants 3 Jac. ch 4. The Constables and Churchwardens of every Parish or one of them or High-Constable of the Hundred are once a year to present at the Sessions of the Peace the Monthly absence from the Church of all Recusants and their Children above Nine years old and their Servants on pain to forfeit for every such default respectively Twenty shillings which Presentment the Clerk of the Peace or Town-Clerk is to Enroll without fee on pain of Forty shillings 7 Jac. 6. If the Minister Churchwardens or Constable of any parish or any two of them shall complain to any Justice of the peace of any person suspected for Recusancy then any such Justice may tender the Oath of Supremacy to the person suspected and if he refuse to take it the Justice may commit the party to the Gaol there to remain until the next Assizes or Sessions of the Peace And then if the party refuse again he is in Praemunire but if it be a Feme-covert she shall only be imprisoned there to remain without Bayl until she will take the said Oath 4. Conventicles 16 Car. 2. ch 4. If any Constable Headborough or Tythingman neglect to execute the Warrants to them directed for Sequestring distraining and selling the Estate or goods of any seditious Conventicler to be transported or neglect to distrain and sell the goods and chattels of such offendor for the levying of such summs of money as shall be imposed upon them for the first and second offence in such cases the officer so offending for his neglect shall forfeit Five pounds the one moiety to the King the other moiety to him that will sue for the same in any of His Majesties Courts of Record 16 Car. 2. cap. 4. If any person be at any time sued for putting in execution any of the powers in the Act against seditious Conventicles such person shall and may plead the general issue and give the special matter in evidence and if the Plaintiff be nonsuit or a verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon demurrer Judgement be given for the Defendant every such Defendant shall have his or their treble Costs 22 Car. 2. ch If any person of the age of Sixteen years and upwards being a subject of this Realm after the Tenth of May 1670. shall be present at any Assembly Conventicle or Meeting under colour of Religion in other manner than according to the Liturgy of the Church of England in England Wales or Berwick upon Tweed at which Conventicle there shall be Five persons or more over and besides those of the same Houshold if in a house where a Family is residing or if in a House Field or place where no Family inhabits
then where Five persons or more are so Assembled one or more Justices of the peace of the County limit or division c. or the Chief Magistrate of the place where the offence is committed are required upon proof to him or them made by Confession of the party or Oath of two Witnesses or by notorious evidence and circumstance of the fact to make a Record of every such offence And thereupon the said Justice c. shall impose upon every such offendor so convict a fine of Five shillings for such offence which Record to be certified to the next quarter-Quarter-Sessions of the peace 2. And if the said person so convicted shall again commit the like offence he shall for every such offence incurr the penalty of Ten shillings the said fines to be levied by distress and sale of the offendors goods and chattels and in case of poverty on the goods and chattels of any persons then convicted for the same offence at the same Conventicle at the discretion of the Justices c. so as the summ to be levied upon one in case of poverty of others exceed not Ten pounds upon occasion of one Meeting And every Constable Headborough Tythingman Churchwardens and Overseers of the poor are required to levy the same accordingly having first a Warrant and forthwith to deliver the said moneys to the Justices c. of which one Third to be to the King another Third to the Poor of the parish where the offence was committed and the other Third to the Informers and such persons as shall be diligent in the discovery dispersing and punishing of the said Conventicles 3. Every person that shall take upon him to Teach or Preach in any such Meeting c. and shall be convicted as aforesaid shall forfeit for the first offence Twenty pounds to be levied as aforesaid And if he be a stranger and his name and habitation not known or is fled and cannot be found or in the judgement of the Justices c. shall be thought unable to pay the same the said Justices c. are required to levy the same by warrant upon the goods and chattels of any person present at the same Conventicle the money so levied to be disposed as aforesaid and for the second offence shall incurr the penalty of Forty pounds to be levied and disposed as aforesaid 4. Every person that shall suffer any such Conventicle or Meeting c. to be held in his or her House Out-house Barn Yard or Backside and convicted thereof shall forfeit Twenty pounds to be levied as aforesaid and in case of his or her Poverty upon the goods of any convicted of being present at the same Conventicle 5. Provided no person shall pay above Ten pounds in any one Meeting in regard of the Poverty of any other 6. Any offendor aggrieved may within one week after the penalty paid or levied appeal in writing to the next Quarter-Sessions to whom the Justices c. that convicted the offendor are to return the money and certifie the evidence upon which the conviction past whereupon such offendor may plead and have his Tryal by a Jury And if such Appellant shall not be acquitted he shall pay treble Costs and no Court but the Quarter-Sessions shall meddle with Causes of Appeal upon this Act. 7. Upon the delivery of such Appeal the Appellant shall enter into a Recognizance to prosecute with effect or else the Appeal to be void 8. The Justice Justices of the peace c. or the Constables by warrant may with what ayd or force they shall think fit after refusal break open and enter into any house or place where such Conventicle shall be held and take into custody the persons there unlawfully Assembled and the Lieutenants Deputy-Lieutenants or any Commissioned Officer of the Militia or other His Majesties Forces with horse and foot and also the Sheriffs and other Magistrates and Ministers of Justice upon Certificate to them made of such unlawful meeting are required to repair to the place where they are so held and dissolve or prevent the same and take into their custody such persons so assembled as they shall think meet 9. The dwelling-house of a Peer where his Wife is resident shall not be searched but by immediate Warrant from the King or in the presence of the Lieutenant Deputy-Lieutenant or Two Justices of which one of the Quorum 10. If any Constable Headborough Tythingman Churchwarden or Overseer of the Poor shall know or be informed of any such Meetings or Conventicles within his precincts parish c. and shall not inform some Justice of peace or chief Magistrate but omit the performance of his duty in the execution of this Act and thereof be convicted shall forfeit Five pounds and every Justice of peace or chief Magistrate so offending shall forfeit an Hundred pounds the one moiety to the Informer 11. If any person be sued for putting this Act in execution otherwise than by Appeal as aforesaid he may plead the general Issue and upon a Nonsuit or Verdict past for him recover treble Costs 12. This Act and all clauses therein shall be construed most largely and beneficially for the suppressing of Conventicles and justification of all persons employed in the execution of this Act. 13. Provided every offence against this Act must be prosecuted within three Moneths and no person punished by this shall be punished by any other Law 14. Aldermen of London have the same power as Justices and lyable to the same penalties for neglect of their duties 15. A Feme-Covert offending and cohabiting with her Husband the penalties of Five and Ten shillings shall be levied upon the goods of the Husband 16. No Peer shall be attached or imprisoned by virtue or force of this Act. 17. This Act shall not invalidate His Majesties Supremacy in Ecclesiastical affairs CHAP. X. The Churchwardens Office THe antiquity of the Office of a Church-warden when first they received that title is very uncertain but so Ancient it is that some are of opinion that 87. years after Britain had received the Christian Faith which most Historians do agree was planted here in the Reign of King Lucius in the year of CHRIST 180. who is hitherto stiled the first Christian King of this Isle and that Dionysius in the year 267. did divide both in Rome and other places to Bishops their Diocesses and Parishes Churches and Churchyards to Priests Vicars and Curates but whether at that time or how long after Churchwardens were instituted is not certainly known But all Authors do agree that they are very antient Officers and Mr. Lambert saith in this Duty of Churchwardens pag. 46. That these Churchwardens of Parishes are at the Common Law taken in the manner of a Corporation 12 H. 7. ult that is to say Churchwardens at the Common Law are persons enabled by that name to take moveable goods or chattels and to sue or be sued at the Law concerning such goods for the use and profit of
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.
THE Duty and Office OF HIGH-CONSTABLES OF HUNDREDS Petty-Constables Tythingmen and such inferiour Ministers of the Peace WITH The several Duties and Offices of Churchwardens Overseers and Collectors for the Poor of Surveyors for amending the Highwayes and Distributors of the provision for the Destruction of noysom Fowl and Vermin First collected by William Lambard in the reign of Queen Elizabeth AND Now Enlarged with many useful Additions according to the succeeding Statutes By R. TURNER Gent. LONDON Printed by Ioh. Streater Hen. Twyford and Eliz. Flesher the Assigns of R. Atkins and E. Atkins Esquires 1671. Cum gratia privilegio Regiae Majestatis To the READERS THe foundation of this little Structure was first laid by Mr. Lambard a long while since in the Year 1579. and first made publick in 1581. and afterwards revised and the second Edition published in the year 1587. but in so long time since the succeeding Age growing worse and worse ut Crescit in orbe dolus our Law-makers have been forced to make Additional Laws for prevention of Offences and punishment of Offendors so that the Duties of these inferiour Officers of the Peace have still increased as several Statutes dayly enacted do impose new Duties upon them So that I have revised this Treatise with such necessary additions and enlargements as any ways may concern the Offices of Constables Headboroughs c. Churchwardens Overseers of the Poor Surveyors of Highwayes and Bridges or as they are enjoyn'd by any Laws since Mr. Lambard to observe perform in their several offices and indeed this small Tract will be as useful to every person whether Officer or not Officer as a pocket-Almanack to him that is in office it is a Pilot to steer him in his right course whereby he may avoid those Rocks and Sands of Over-doing or Vnder-doing some through neglect in not performing their duties are culpable by the superiour Magistrate and others either ignorantly or wilfully running beyond their Authority are dashed against the Rock of the Law Those that are in likelyhood to bear any of these Offices may by studying this Book be perfectly instructed in the performance of their Duty when they come to it And such as are not likely to serve any Office may herein learn to escape punishment by fearing to offend I have set down the High-Constables Oath at large which partly comprehends the whole duty of his Office and such Articles as he is to present to the Justices of peace at their Sessions and monthly Meetings in their Divisions and likewise that Statute which institutes the office of the Distributors of the provision for the Destruction of noysom Fowl and Vermin that is what Reward shall be given to those that destroy them which some vulgarly and erroneously talk of others have affirmed there is no such Law but they will hereby be convinced of the truth and instructed in the substance So that I hope this will prove to your acceptance which is the desire of R. T. THE TABLE CHAP. I. THE original Office and Jurisdiction of High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen Pag. 1. Chap. idem The form of the High-Constables Oath Pag. 5. Idem The Oath of a Petty-Constable or Tythingman Pag. 8. CHAP. II. The duty of Constables and Headboroughs c. in executing Warrants directed to them from the Justices of Peace Pag. 14. CHAP. III. Articles which the High-Constables are to return to the Justices at their Sessions or monethly Meetings c. Pag. 19. CHAP. IV. The duty of Constables c. touching Watching Warding Vagabonds Hue and Cry carrying Prisoners to the Gaol Servants and Labourers Pag. 22. CHAP. V. The form of a Testimonial for conveying a Rogue or Vagabond Pag. 26. Idem A Testimonial for a Servant Pag. 38. CHAP. VI. The duty of Constables about Affrayes Riots Routs Armes Militia Escapes Forcible Entries the Peace Hedge-breakers Setting-dogs Pag. 40. CHAP. VII The Constables office touching Clothiers Maultsters Alehouses Drunkenness Weights and Measures Purveyances Highwayes Pag. 56. CHAP. VIII The Constables office about forein Bonelaces c. Chimney-money Customes Excise Fish Pag. 71. CHAP. IX Concerning disturbing of Ministers Swearing Recusants Conventicles Pag. 77. CHAP. X. The Churchwardens office Pag. 86. Idem The Subscription of the Vestry-men Pag. 91. Idem The form of the Articles given to the Churchwardens to make their Presentments upon Pag. 101. CHAP. XI The office of the Overseers of the Poor Pag. 110. Idem The form of an Indenture for a poor Child put out by the Parish Pag. 117. CHAP. XII The office of the Surveyors of the Highwayes and Bridges Pag. 122. Idem Statutes for repairing particular Highwayes Pag. 134. Idem Statutes for particular Bridges Pag. 135. CHAP. XIII The office of the Distributors of the provision for the Destruction of noysom Fowl and Vermin Pag. 141. THE DUTY OF CONSTABLES c. CHAP. I. Of the Original Office and Jurisdiction of High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen THE Saxon Christian King Alfred King of England for the more peaceable Government and ease of his Subjects divided this whole Realm of England first into Shires then caused those Shires to be subdivided into Hundreds Rapes Ridings Wapentakes and divided these also into Tythings Leets or Boroughs and in all these Divisions were appointed Officers for the better preservation of the Peace such are High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen the office of all these latter is one and the same only different in Title according to the custome of the Countrey in Middlesex besides the High-Constables of the Hundreds they have Petty-Constables and Headboroughs in the respective Parishes and they are in number more or less according to the greatness or smalness of the Parish in Kent these petty Officers of the Parishes are called Borsholders but in Hampshire and all the Western parts Tythingmen and their divisions of Parishes Tythings in Sussex the Hundreds are called Rapes and in the North Ridings and Wapentakes There was antiently in England a great Officer called the High Constable of England and he kept an Office which is supposed to come hither with William the Conqueror out of Normandy or Court called the Constables Court or the Court of the High-Constable wherein he had authority to hear and determine Contracts touching deeds of Armes out of the Realm and to determine all things concerning War within the Realm as Combats Blazon Armory c. but not to deal with Battel in appeals that belonging to the Common Law of the Land Amongst the rest of the Conquerours Laws this is one That if a French-man do appeal an English-man of Perjury or Murder the French-man may defend himself by Battail which in English was then called Earnest which word we yet retain and the Officer to see this performed was the High-Constable but this Officer Court and practice is long since dissolved The Etymologie of this word Constable proceeds from the old word Conning or Cyng and Staple or
Stable the word Conning or Cyng signifies a King and Stable a Stay or Prop which is as much as to say the stay or prop of the King that great Officer the Constable of England having that Title given by reason of the great Authority that he had was a principal Prop of Stay unto the Kings government from whence is this Title and Office of this Lower Constableship derived and continued though with lesser Authority unto this hour and is a branch of that Original By the Statute of Winchester made in the time of King Edward the First these Constables of Hundreds were appointed to keep Watching and Warding for the better keeping of the Peace and prevention of Thieveries and Robberies and apprehensions of Felons and Rogues c. and that the High-Constables in every Hundred and Franchise should take the view of Armour c. Hereby it appears that the name of a Constable in an Hundred or Franchise is an Officer to assist and support the Kings Majesty in the maintenance and preservation of his Peace within his Hundred or Franchise and he is called the High-Constable in respect of the Constables or Petty-Constables and Headboroughs or Tythingmen which be in the respective Towns Villages Parishes or Precincts within his Hundred or Franchise under his Jurisdiction and it is also the part and duty of these inferior Officers to execute the High-Constables office in his absence in maintaining and keeping the peace in their several Tythings and Limits and in the High-Constables presence to be aiding and assisting unto him The High-Constables of every Hundred or Rape or Riding are chosen by the Justices in each County most usually at their general Quarter Sessions or in their several divisions from the Justices they receive their Authority and are by them again discharged of their office as they shall see cause At the entrance into their office they take an Oath the usual form whereof followeth The High-Constables Oath YOu shall swear That you shall well and truly serve our Sovereign Lord the King in the office of a Constable you shall see and cause his Majesties peace to be well and truly kept and preserved according to your power you shall arrest all such persons as in your sight and presence shall ride or go Armed offensively or shall commit or make any Riot Affray or other breach of his Majesties peace you shall do your best eudeavor upon complaint to you made to apprehend all Felons Barretors and Rioters or persons Riotously assembled and if any such Offendors shall make resistance with force you shall levy Hue and Cry and shall pursue them until they be taken you shall do your best endeavour that the Watch in and about your Hundred be duly kept for the apprehending of Rogues Vagabonds Nightwalkers Eves-droppers Scouts and other suspected persons and of such as go Armed and the like and that Hue and Cry be duly raised and pursued according to the Statute of Winchester against Murderers Thieves and other Felons and that the Statutes made for the punishment of Rogues and Vagabonds and such other idle persons as come within your bounds and limits be duly put in execution you shall have a watchful eye to such persons as shall maintain or keep any Common house or place where any unlawful Game is or shall be used as also to such as shall frequent or use such places or shall use or exercise any unlawful Games there or elsewhere contrary to the Statutes At your Assizes Sessions of the peace or Leet you shall present all and every the offences done contrary to the Statutes made 1 Jacobi 4 Jacobi 21 Jacobi regis to restrain the inordinate haunting and tippling in Innes Alehouses and other Victualling houses and for repressing of Drunkenness you shall there likewise true Presentment make of all Bloud sheddings Affrayes Outcryes Rescous and other offences committed or done against the Kings Majesties peace within your Limits you shall once every year during your office Present at the Quarter Sessions all Popish Recusants within your Liberty and their Children above 9. and their Servants sc their Monthly absence from the Church 3 Jac. 4. you shall well and duly execute all Precepts and Warrants to you directed from the Justices of the peace of this County or higher Officers you shall be ayding to your Neighbours against unlawful Purveyances in time of Hay or Cora harvest upon request you shall cause all persons meet to Serve by the day for the Mowing Reaping or getting in of Corn or Hay you shall in Easter-week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty and you shall well and duly according to your knowledge power and ability do and execute all other things belonging to the office of a Constable so long as you continue in the said Office So help you God In this Oath is briefly comprehended the whole Duty of a Constable and the principal matters of his Office at large I shall now set forth every particular branch of the Constables office and of the Tythingmen Headboroughs Borsholders their Duties are the same in effect and their Authority yet the latter are inferiours to the former The Form of the Petty-Constable or Tything-mans c. Oath is thus YOu shall Swear That you shall well and truly Execute the Office of a Tythingman of the Tything of H. or Headborough c. His Majesties Peace in your own person you shall keep and see it kept in all others as much as in you lyeth In the presence of the High-Constable you shall be ayding and assisting unto him and in his absence you shall execute his Office and do all other thing belonging to your Office according to your knowledge and power until another be chosen in your room or you be legally discharged thereof So help you God There are in several Counties of this Realm other Officers that is by other Titles but not much inferiour to our Constables as in Warwickshire a Thirdborough and in other places a Boroughead in others a Chief-pledge The Authority of these as I said is much like that of the Constables but yet the Office of the Constable is distinct and of greater authority and respect than these Lambert pag. 51. c. Duty of Constables saith that these Tythingmen Borsholders c. cannot meddle in a Town or Parish where a Constable is because in comparison of them the Constables be Headoffiers and that the Tythingmen c. are but Assistants where the Constable is present but in his absence they are to perform the service and that there are many things which a Constable may do wherewith the Tythingman and the rest cannot meddle at all 1 Jac. cap. 7. Lambert Off. del Const 4 6 9. In Towns where there be no Constables and that the only Officers for the Peace there be Headboroughs Thirdboroughs Borsholders or such other and in such cases where their power and authority is declared to
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-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
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
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
but only at the time or times before limited to appear before any Ecclesiastical Judge whatsoever for refusing at other times to present any faults committed in their Parishes and punishable by Ecclesiastical Laws neither shall they or any of them after their Presentments exhibited at any of those times be any farther troubled for the same Except it evidently appear that they did willingly and wittingly omit to present some publick crime or crimes as they knew to have been committed or could not be ignorant that there was then a publick fame of them or unless there be very just cause to call them to explain their former Presentments And in case of wilful omission their Ordinaries shall proceed against them in such sort as in causes of wilful Perjury in a Court Ecclesiastical it is already by Law provided Canon 113 118. One of the two times of Presentments is alwayes to be about a week or fortnight after Easter at which time also the old Churchwardens are to leave their office and new ones are to come in but the new ones are not to be Sworn till the old ones have given in their Presentments and every Parson or Vicar or their Curates in their absence are to joyn in the presentment with the Churchwardens c. and if the Churchwardens refuse to present then every such Parson and Vicar or in their absence their Curates may themselves present to their Ordinaries at all such times and when else they shall think fit The summ of the Articles usually given to the Churchwardens to make their Presentments upon are these viz. 1. Whether their Church and Chancel Bells and Ropes be in good repair and the Ten Commandments Lords Prayer and Creed drawn out in fair Letters the Kings Arms set up Assessments made for the Repair of the Church and who refuses to pay If they have a Font Communion-Table Carpet Table-cloth Flagons with Cups and Cover for Bread and Wine a Reading-Desk a Pulpit with a Cushion and Covering for it a fit Common-Prayer-Book of the largest volume the Bible in folio of the last Translation with a Book of Homilies and Book of Canons and a Surplice If the Tombs Monuments and Grave-stones be safely kept from removing and breaking A Book of Parchment for Registring Christnings weddings and Burials c. a Chest with three locks to put the same and the Church-Ornaments in with a Box for Alms and a Table of degrees Prohibiting Marriage hung up in the Church If the Parsonage-house and Out-houses be in good Repair and the Churchyard well fenced to keep out Swine c. 2. Whether the Parson Vicas or Curate read the Common Prayer at Morning and Evening Service wear his Surplice bid dayes Preach every Sunday or read an Homily Catechise observe the Fifth of November Thirtyeth of January Twentyty-ninth of May and Second of September and observe Perambulations or going the Bounds in Rogation-week preach sound Doctrine and vent no Sedition against the King or Government celebrate the Lords Supper three times every Year at least whereof at Easter for one Baptize Infants with Godfathers and Godmothers visit the Sick and pray with them Bury the dead according to the Book of Common Prayer Marry none clandestinely Preach in his Gown be a man of a sober and chast life a Peace-maker amongst his Neighbours and one that takes care to reduce Sectaries Recusants Separatists and Refractory Parsons to the obedience and doctrine of the Church and reads the book of Canons to the people at least once every Year and the 39. Articles Twice every year 3. Whether all their Parishioners of due age resort to the Church to Divine Service behave themselves reverently there kneel stand up and make Answer to the Rubrick of the Common Prayer book whether any work or sell wares on Sundayes or Holydays or whether Vintners Victualers Inn-keepers or others to receive any to drink in their houses in the time of Divine Service Whether any Marry within the Degrees forbidden or be Adulterers Swearers Blasphemers Drunkards If any above Sixteen years of age do not receive the Lords Supper three times a year whereof Easter to be one If any keep their Children Unchristned Women that come not to be Churched or any bring not their dead to be Buried after the Service of the Church Or if any be Married without Banes or License at unlawful hours 4. Whether their Parish-Clerk and Sexton if they have any be duly chosen can write and read be of an honest life and make the Responses to the Hymns and other Suffrages And if the School-Master Physitian Chirurgeon and Midwife if they have any Teach or Preach without License If the Churchwardens be duly chosen according to the Canon and Custom c. CHAP. XI The Office of the Overseers of the Poor ST at 43 Eliz. ch 2. 21 Jac. chap. 28. The Overseers of the Poor are to be chosen yearly and joyned with the Church-wardens of the Parish in the oversight and ordering of the Poor of the Parish They are to be chosen by two or more Justices of the peace one whereof to be of the Quorum who are yearly under their hands and seals at Easter or within one Month after to appoint four three or two substantial Housholders according to the greatness of the Parish to be joyned with the Church-wardens to look to the Poor of the Parish Stat. 43 Eliz. ch 2. The major part of these Officers without the rest may do any thing belonging to their office but they are to have the allowance and consent of two Justices of peace one of the Quorum to every thing they do about their office And these Officers or such of them as are not hindred by just excuse to be allowed by two Justices are to meet monthly in the Church on Sunday after Evening Prayer to consider of matters concerning their office and to use all possible diligence in their office on pain of Twenty shillings for every such default Dalt J. P. ch 40. so 98. The Parents that are able to work and may have work are to find their Children by their labour and not the Parish but if they be over-charged with Children the Overseers are to help them by putting out some of their Children Apprentices Stat. 43 Eliz. chap. 3. Resolu Judges 16 17. The Father Grandfather and the Children and Grandchildren of every poor impotent person not able to work being of sufficient ability shall relieve such poor persons in such manner as the Justices of the peace of that County where such sufficient person dwelleth at their general quarter-Quarter-Sessions shall Assess And if such party refuse to abide the Order they forfeit Twenty shillings for every Month to the Poor of the Parish which forfeiture is to be levied by the Church-wardens and Overseers or one of them by Warrant from two Justices one of the Quorum by distress and sale of the offendors goods and for want of Distress two such Justices may commit the offendor to
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-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
and send on every day to the place appointed by the Surveyors one Wayn or Cart after the fashion of the Countrey provided with Horses c. fit for the Carriage and with necessary Tools fit for the work and with two able men who are there to do such work with their Wayns c. as they shall be appointed by the Surveyors by the space of eight Hours every of the said six dayes on pain of Ten shillings every day default is made Stat. 2 3 P. M. ch 8. Every other Housholder Cottager and Labourer of the Parish Town c. able to labour and being no hired servant by the year must by himself or some other able man be then and there ready to work every of the said six dayes by the space of eight hours as aforesaid where they shall be appointed by the Surveyors on pain to forfeit Twelve pence for every day they make default 18 Eliz. ch 9. All persons being chargeable but as Cottagers by the 2 3 P. M. yet if they be in Subsidy 5 Pounds in Goods or 40 Shillings in Lands or above they must find two able men to work every of the said six dayes 2 3 P. M. ch 8. If any of the Carriages shall not be thought needful by the said Surveyors upon any of the said dayes they may appoi nt in stead of a Team two able men to work as aforesaid who shall not fail in pain that the party who should send them shall forfeit Twelve pence for every day that either of them makes default 18 Eliz. ch 9. He that shall occupy a Plough-Land in tillage or in pasture lying in several Parishes shall be chargeable only in the Parish where he dwelleth and he that occupieth several Plough Lands in several Parishes shall be charged in each Town or Parish where such Land lyeth viz. to find in each Town or Parish one Cart furnished as aforesaid though he be no inhabitant there Co. on Lit. fo 69. It is said that a Plough-Land is not alwayes of one content but ordinarily it is so much as one Plough may plough in on eyear which is on some Countries more and in some less according to the heaviness of the soil Co. 4. Rep. fo 37. b. 9 Rep. fo 124. A Plough-Land or Carve-Land may contain House Meadow Pasture and Wood and if one have so much of this as will keep a Plough and yield Tillage for it if part of it were eared in this case it seems he is to send his Plough Dalt J. P. chap. 26. fo 72. He that keepeth a Plough or Draught for carriage although he occupy little or no Land but carrieth or plougheth for other men yet it seems he is to send his Cart to the High-wayes and if a may keep only two Horses and a Cart for his own business he is to come with his Cart and two Horses with a Man to drive them 14 Car. 2. ch 6. If six dayes will not serve for repairing of the Highwayes the Surveyors may appoint more and charge all persons within their limits who are chargeable by the Law to come to the work but the Surveyors are to pay them for their work for all the dayes above six dayes according to the Rates of the Countrey and if they cannot agree the next Justice of the peace living out of the Parish is to determine the business between them 5 Eliz. ch 13. The Surveyors if they see cause for the amendment of the High-wayes may take and carry away so much of the rubbish and smallest broken stones of any mans Quarray lying within the same Parish without leave of the owner as they shall think needful or gather the loo se stones lying dispersed in any mans grounds But they may not without license dig in any mans Quarrey for new stones nor take the great stones already digged and if there be no such rubbish to be found in any mans Quarrey within the said Parish then they may enter into any mans several ground within the said Parish lying near the place where the Wayes are decayed and there if they see any hopes of finding materals fit for the reparation thereof without leave of the owner they may dig for Sand Stones Gravel c. so that it be not in the Houses Orchards Gardens or Meadows of any man they are not to come there without license of the owner And in such place where they may dig without leave they are not to make a pit above ten yards in breadth or length and they are to take care that the place be filled up again at the charge of the Parish within one Month after upon pain to forfeit five Marks to the owner of the ground to be recovered by Action of Debt 14 Car. 2. ch 6. The same power is granted to Surveyors to dig for Gravel Chalk Sand Stones c. in any mans ground in the parish next adjoyning to the place where the Wayes are in decay if there be not sufficient in the same parish Provided it be not in the House Garden Orchard Court Yard Park with Deer in it or in the Meadow of such party without paying any thing for the same Gravel c. only damages to the party for the carrying the same over his grass c. filling up the pits as is before mentioned 5 Eliz. within the same time and under the same penalty Stat. 5 Eliz. chap. 13.8 Eliz. chap. 10. If the owners of the grounds next adjoyning to the Highwayes do not keep their Hedges low and cut down their Trees and Bushes growing on the same Wayes they forfeit Ten shillings And he that scowrs not his Ditches in the ground next adjoyning to the ground that is next the Highway that the water may pass the better out of the Highway shall forfeit 12 d. for every Rod so left unscowred Stat. 18 Eliz. chap. 10. If any scowr his Ditch by the HIghways side and throw the soyl thereof into the highway and suffer it to lye there six Months he forfeits for every Load thereof 12 d. And the Surveyors are to make Sluces where such Banks have been heretofore made for carrying away the water out of the Highway Dalt J.P. ch 26. fo 70. Every Survey or may cause any Water-course or Spring of water being in the Highway within their parish to be turned into another mans several ditch or ground next adjoyning to the said Way in such manner as by the discretion of the Surveyors shall be thought meet Stat. 18 Eliz. ch 10. Wingate Abr. Stat. Tit. Highwayes The forfeitures of the Act of 18 Eliz. 10. must be levied by the Surveyors for the time being by warrant from the Justices before whom the party shall be convict by distress and sale of goods which forfeitures are to be employed towards the amendment of the Highwayes and if the Surveyors neglect to do it within one year after the offence committed then the Constables and Churchwardens by like
18 Eliz. ch 10. For the Kings Ferry in Kent Statutes for particular Bridges Stat. 18 H. 6. chap. 28. For making of Burford and Culhamford Bridge Stat. 18 Eliz. ch 17. 27 H. 7. ch 25. For the maintenance of Rochester Bridge Stat. 18 Eliz. ch 20. For the repair of the Bridges within a mile of Oxford Stat. 23 Eliz. chap. 11. For the maintenance of the Bridges over Toffe in Wales Stat. 39 Eliz. chap. 23. For making and repairing of Newport and Carleon Bridges over the River Usek Stat. 39 Eliz. ch 24. For building and maintenance of a Bridge at Wilton upon Wye near Ross in Herefordshire Stat. 3. Jac. chap. 23. For making and repairing Chepstow Bridge Stat. 14 Car. 2. ch 6. For building and repairing Laycock and Rey Bridges in Wiltshire and Stratford Bridge in Middlesex By the same Act it is provided That all Bridges shall have sufficient Walls or Posts and Rails on each side thereof four Foot high at the least adn that the same be from time to time sufficiently kept and repaired Pasch 10 E. 3.28 29. Coke 2 Part of the Institutes fol. 701. Bridges are to be repaired by the whole County by common Right if it be not known who ought to do the same otherwise Rolls Cases 1. part f. 368. If a man erect a Mill for his own particular profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own profit Coke 2. part Instit so 700. If man which holdeth an 100 Acres of Land ought to repair a Bridge by tenure of the same do alien 20 Acres thereof to one man and 10. Acres to another man in such case every owner or occupier of such Lands must be charged proportionably for their said Lands 22 H. 8. chap. 5. Coke 2. part Instit fo 702 Dalt J.P. chap. 13. fo 41. If any Bridge be wholly in a City or other Town-Corporate the inhabitants of the same City or Town Corporate must repair it And where such Bridge lyes out of such City or Corporate-Town the same must be made by the inhabitants of the Shire or Riding within which the same Shire shall be And if part of a Bridge be in one Shire or Riding City or Corporate-Town and one part in another then every of them shall be charged to make and repair such part as shall lye and be within their own limits Crompt 186. b. 43. Ass Dalt J. P. ch 13. fo 42. Such as are chargeable to repair a Bridge may enter upon any other mans land or soyl adjoyning and lay their Stone Lime Timber or other things necessary there for the repairing and amending thereof and the owner of the Lands shall have no Action therefore for it is for the common profit And the party that is chargeable to repair a Bridge must also maintain the way at each end thereof although the soyl be to another and if the ends be broken by the Water-course he must follow the Water-course and mend the way Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 4. Where a common Bridge in the Kings HIghway is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof four Justices of the peace one of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town-corporate then four such Justices of peace there may within the limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town-corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other inhabitants and with their assents may tax every inhabitant in any such City Town or Parish within their limits to such reasonable summ of Money as by their discretions they shall think convenient as well for the repairing of such Bridge as also for the making and repairing of the Highwayes by the space of 300. Foot next adjoyning to the ends of any such Bridge Coke 2. part Instit fo 704. This Taxation ought not to be made by the Justices without the consent of the Constables or inhabitants nor by them without the Justices and this Tax ought to be upon every inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or few might be distrained upon the whole Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 40. Coke 2. part Instit fol. 701 702. Where a Franchise City or Borough is a County of it self and hath not four or more Justices of the peace whereof one or more are of the Quorum in this case no other Justices of the peace of any Shire or County have any power to meddle there by this Act but such decay must be amended by the Common Law by such remedies as they were antiently before the Statute of 22 H. 8. supra Coke 2. part Instit fo 704. Dalt J. P. ch 18. fo 40. The Justices of peace after the Taxation is made shall cause the names and summs of every particular person so Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Coke part idem fo 705. Dalt J.P. ch fol. idem 22 H. 8. ch 5. The Justices may make two Collectors of every Hundred to gather the Money so taxed which said Collectors having received one part of the Roll thereof indented have power to gather all the Money therein mentioned and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Stat. 22 H. 8. ch idem Dalt ch fo ead The Justices are likewise to appoint two Surveyors who from time to time as often as need shall require shall see such decayed Bridges and Wayes repaired and amended to whose hands the Collectors must pay the money by them received Stat. idem Dalt idem The Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of peace of the Receipts Payments and Expences of the said summs of Money and if any of them refuse so to do then the said Justices of peace from time to time at their discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their hands and seals returnable at their general Sessions of the Peace and the said Justices may allow such reasonable Costs and charges to the said Surveyors and Collectors upon their account as to them shall seem
to Arrest the party for the same cause the first arrest was unlawful and the Officer is lyable to an Action of False Imprisonment 10 E. 4. fol. 12. Br. False Impris 38. 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 be 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 Cromp. 214. a. 148. Crooke 144.53 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 letteth 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 or County When an Officer hath received a warrant he is bound to observe and pursue the effect of his Warrant in every behalf and particular or otherwise his warrant will not excuse him of that which he hath done 21 H. 7.39 If a Constable or other officer having a lawful warrant to Arrest another and he shall be resisted or assaulted by the party or by any other person then may that Officer justifie the beating or hurting of such persons and others upon his request may and ought to aid him 14 H. 8.16 Br. Faux Imp. 8. Lamb. 67.94 Co. 10.76 Cromp. 74. If a Justice of peace shall issue out any Warrant for a matter wherein he hath Jurisdiction although it be beyond his Authority yet it is not disputable by the Constable or other such officer but must be obeyed and executed by the Constable or other officer to whom it is brought As if a Justice of peace shall send forth his Warrant to arrest one for the peace or good behaviour without cause the officer that serves this warrant shall not be punished for the executing thereof but if a Justice of peace shall make his warrant to do a thing out of his jurisdiction or in a cause wherein the Justice of peace is no Judge if the Officer shall serve such a Warrant here he is punishable for the Officer is not bound to obey him who is not Judge of the Cause no more than a mere stranger for the Officer is bound to take notice of the authority and jurisdiction of the Judge But if any Justice sends his warrant to a Constable or any other officer to bring him to answer all such matters as shall be objected against him and doth not specifie the cause in his Warrant wherefore he issued forth the same this Warrant is unlawful and the Officer is liable to an Action of False imprisonment if he executes it So if a Justice of peace send a Warrant to take one for Cozenage to take and bring to a Justice or to Gaol one that another doth suspect for Felony where the matter is small or the suspition slight or to license a petty Chapman to sell from house to house to send a poor body to a place otherwise than the Law directs c. such kind of Warrants are not warrantable Cook Iustit part 4. tit De frangent Prison ' All Warrants not specifying the Cause are utterly against Law Except for Treason or Warrants from the Council Secretaries of State or Lord Chief Justice these need not set forth the Cause for reasons of State Cromp. 149. If any man shall contemn or abuse the Justice of peace his Warrant as by casting it into the dirt or treading it under his feet c. such offendor may be bound to his good behavior for it and be Indicted and Fined it being a contempt against the Kings process CHAP. III. Articles which the High-Constables are to return unto the Justices at their Sessions or monthly meetings of their Divisions and to cause their Petty-Constables Headboroughs and Tythingmen in their several Liberties to make Return thereof unto them 1. THey are to return the Names Sirnames additions of names and qualities of all Popish Recusants as well house-keepers as lodgers dwelling or residing in any of their said Parishes Liberties or Precincts 2. Such persons as shall continue drinking or tipling in any Innes or Ale-houses at any time and more especially upon the Lords day or Holidayes and such persons as they shall find drunk and all such Inn-keepers and Alehouse-keepers as shall entertain them 3. Item The names of such as shall prophanely Swear or Curse with the number of their Oaths immediately after the committing such offence inform the next Justice thereof 4. Item They are to Return such Victualers or Alehouse-keepers as use victualing or selling of Beer and Ale without License 5. Item Such persons as suffer any unlawful Games to be suffered in their houses backsides or gardens and also the Names of such as shall play at any of the said Games 6. Item Such persons as refuse or neglect to do their duty of Watching and Warding 7. Item Such persons as divide their houses into several Tenements and such as do entertain Inmates who may be an annoyance to their neighbours or likely to bring charge upon the Parish 8. Item The defaults of Petty-Constables and Tythingmen c. for not causing rogues vagabonds and beggars to be duly apprehended punished and passed according to the Statute 9. Item All Masterless men and women living at their own hands such as are idle and will not labour and can give no good Account how they get their living all Suspitious persons Whores Noctivagants or Night-walkers and Mothers of Bastards which may be chargeable to the Parish 10. Item The names of such persons as refuse to take Apprentices poor Parish-children to Husbandry and other callings according to Law 11. Item All such as neglect to make due Rates and Collections for the relief of the Poor in every parish and that cannot or do not give a just Account of the employment of the Rent and Stock of the Poor 12. Item Of the defects in the High-wayes and Bridges with the names of such as should repair them and have neglected or refused to do their duty herein 13. Item Such Scavengers as neglect to do their office in cleansing the Streets to be kept clean within their Liberties and the names of such persons as commit common Annoyances by laying of dung soyl dirt or ashes in the Street 14. Item The names of all such persons as refuse to Pave the Streets before their houses where the said streets
him or them shall carry or cause to be carried to the next Constable or else shall forfeit for every such default ten Shillings and the Constable is to whip and convey such Rogues as before is directed on pain of twenty Shillings 39 Eliz. cap. 4. Dalt ch 47. fol. 149. 1 Jac. ch 7. Two Justices of peace one of the Quorum by Warrant under their hands and seals may cause to be levied by distress and sale of the Offendors goods all the Fines and forfeitures aforesaid after conviction of the party which must be either by Confession of the party or proof of two Witnesses before the said Justices 7 Jac. chap. 4. Constables or Tythingmen neglecting to search for Rogues upon the Justices warrant or to appear at their meeting to give an account what Rogues have been punished or sent to the House of Correction or if they neglect to convey such to the House of Correction as by Warrant are to be sent thither they are lyable to such Fine as the Justices please not exceeding forty Shillings 1 Jac. 7.14 Car. 2. ch 12. Any Justice of the peace may reward any person or persons who shall apprehend and bring before him any Rogue Vagabond or sturdy Beggar by granting to such person a Warrant under his hand and seal to the Constable or Tythingman of the place through which the Rogue did pass un-apprehended ordering the said Constable c. to give such person two shillings for every Rogue so taken And if the Constable c. refuse to pay it the Justices of the peace may proceed against such Officers according to the Stat. 1 Jac. 7. and compel him to pay his Forfeiture by the said Statute and to allow the said two shillings out of the said Forfeiture to such person with such further allowance for loss of time as the Justice shall think fit 14 Car. 2. ch 12. If any person shall apprehend any Rogue at the confines of any County which passed through any Parish of another County un-apprehended then the person so apprehending such Rogue must carry him to some Justice of peace of the County through which he passed un-apprehended who upon a Certificate under the hand of some Justice of peace of the County where such Rogue was apprehended is to grant his Warrant to the Constable c. to pay two shillings as aforesaid which if he refuse or neglect then the Justice is to proceed against the Constable c. and cause him to pay ten Shillings to the party or so much thereof for loss of time as the Justice shall think fit 14 Car. 2. cap. 12. It is Enacted That whereas Constables Tythingmen c. are at great charges in Relieving carrying with Passes and conveying Rogues c. all Constables Tythingmen c. so out of purse with the Churchwardens and Overseers of the Poor and other inhabitants of the Parish may make a Rate and tax all the Inhabitants of the Parish which are Chargeable by the 43. of Eliz. which Rate must be confirmed under the hands and seals of two Justices of the peace And if any person refuse to pay his Rate then the Constable by warrant from two Justices of peace may levy the same upon the Goods of the party refusing rendring them the Overplus if any remain thereof 39 Eliz. cap. 4. 17. 43 Eliz. cap. 2. 1 Jacobi cap. 7. 21 Jac. cap. 28. 7 Jac. cap. 24. 5 Elizab. cap. 4. Dalt cap. 47. fol. 123 124 125. All these persons hereafter named are accounted and adjudged Rogues Vagabonds and sturdy Beggars That is to say all such persons above the age of seven years Man or Woman sole or covert that wander from their usual place of abode abroad every where begging or if they do not beg yet if they wander and loyter about without a lawful Pasport and give no good account for their travel are accounted Rogues All Scholars and Sea-faring men which beg Wandring persons that use unlawful Games subtil craft or Playes or pretending themselves to have skill in Physiognomie Palmestrie or the like or to be Fortune-tellers or Figure-casters All Proctors Patent-gatherers except for Fire Collectors for Gaols Prisoners or Hospitals wandring abroad Fencers Bearwards those are Rogues in grain common Players of Interludes and Fidlers or Minstrels wandring abroad All Juglers Hocus pocus and Slight-of-hand Artists Tinkers Pedlars and Petry-Chapmen and Glass men wandring abroad especially if they be not well known or have not a sufficient Testimonial all counterfeit Egyptians not being Felons all persons delivered out of Gaols which beg for their fees or otherwise do travel begging such as go to or from the Bathes and do not pursue their License Souldiers and Mariners that beg and counterfeit a Certificate of their Commanders All Labourers which wander abroad out of the Parish and refuse to work for wages reasonably taxed having no living otherwise to maintain themselves and such as go with a General pasport which is not directed from parish to parish All these are accounted Rogues Vagabonds and sturdy Beggars All Servants that depart out of their service viz. out of one City Town or Parish to another or out of one Hundred or County to serve in another without a Testimonial or with a false one and such persons as are sick of the Plague and wilfully go abroad in company against the command of Officers are to be punished as Vagabonds but none are to be sent to the place of birth or last habitation but wandring Rogues those which beg in their own Parish or in the High-ways without the appointment of the Overseers are to be sent to the House of Correction 39 Eliz. cap. 4. Dalt J. P. ch 47. fol. 135. Resolu Judges sect 4 5. A Wife and Children under seven years of age being vagrant must be placed with the Husband and if the Husband be dead then with the Wife where she was born or last dwelt and vagrant Children above seven years of age must be sent to the place of their birth and if the vagrant Parents with their Children under seven years of age be placed at the place of birth of the Parents or at the last place of dwelling if afterwards the Parents or either of them dye or run away yet the Children once setled must remain there still and may not be sent to the place of their birth though afterwards they attain to the age of seven years The Wife being but a vagrant Rogue ought to be sent to her Husband though he be but a servant in another Town or Parish and the Rogue whose place or dwelling cannot be known having Wife or Children under seven years of age they must go with the Husband to the place where they were last suffered to pass through unpunished where the Children must be relieved with the work of their Parents though their Parents be committed to the House of Correction 3. Hue and Cry Dalton J. P. ch 28. fol. 75. The Constables or Tythingmen of every
Town Parish or Village to whom Hue and Cry shall come ought to search in all suspected houses and places within their Liberties and as well be Officers as all other persons which shall pursue the Hue and Cry may take and stay all such persons as in their search and pursuit they shall find to be suspitious and shall carry them before some Justice of the County where they are taken to be Examined where they were at the time of the Felony committed and if any default be in the Officers they may be fined by the Justices for their neglect 27 Elizab. cap. 13. Dalt J. P. ch 48. fol. 132. Where a Hundred is sued for a Robbery and damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto in such case two Justices of the peace one of the Quorum dwelling within or near the Hundred may for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables or Tythingmen of every parish must Tax the particular Inhabitants within their Liberties and then levy the money upon such as refuse by distress and sale of their Goods restoring the over-plus if any be and after the Money is gathered they are to restore the same to the Justices or some of them that made the Rate within ten dayes 27 Eliz. cap. 13. That Hundred where fresh Suit shall cease shall answer half the damages to the Hundred where the Felony was committed to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County where the Felony was committed in which case the death or change of the Clerk of the Peace shall not abate the Suit And this Recovery is to be taxed and levied as the former Bract. lib. 3. f. 121. Dalt J. P. f. 133. Where any one of the Robbers is apprehended or where the Action is not prosecuted within one year after the Robbery committed the Hundred is not chargeable for the Robbery Observe likewise that the Hue and Cry shall not be judged legal unless the pursuit be both by horse and foot Westm 1. ch 9. Co. 2. part Inst f. 172. He that goeth not at the command of the Sheriff or Constable at the Cry of the County that is upon Hue and Cry to arrest Felons after Attainder shall be grievously fined and imprisoned 4. Carrying Prisoners to the Gaol 3 Jac. ch 10. Dalt chap. 43. f. 104. An offendorwhich is to be conveyed to Gaol must bear all charges both of himself and of those that guard him if he be able and if he refuse to pay the charges or shall not at the time of the commitment discharge the same then upon a Warrant from a Justice of peace the Constable of the Liberty or Town where the offendor hath any Goods being within the same County may sell so many of the parties Goods as in the discretion of the Justice shall be thought sufficient to satisfie the said Charges the Apprizement to be made by four Inhabitants of the parish where such Goods be and the over-plus to be returned to the owner 1 Jac. ch 10. And if the offendor have no goods to defray the charges then the charge must be born by the Town or Parish where the offendor was taken which must be done by Tax made by the Constable Churchwardens and two or three other Inhabitants and where there are no such officers then four of the principal Inhabitants of the parish must make the Rate which being allowed under the hand of a Justice of peace every Inhabitant must pay their proportion according to the said Rate and if any refuse to pay the Constable Tythingman or other officer by Warrant from a Justice of the peace may levy the same by distress and after appraisement by four of the Inhabitants may sell the same rendring to the party refusing the overplus if any be And if the Constable or other officer that makes such distress be sued he may plead Justification and upon a verdict for the defendant or Non-suit of the plaintiff he shall recover treble damages besides Costs of suit 5. Servants and Labourers 5 Eliz. c. 14. The Constable in the time of Hay and Corn harvest upon request to him made by any man that wants Labourers to get in his Harvest to prevent loss thereof may cause all such Artificers as he shall see meet to labour to serve by the day for mowing reaping or otherwise for the getting in of Corn or Hay abroad according as they seem fit and able to perform And if such persons shall refuse to work after they are requested thereunto the Constable may set them in the Stocks by the space of two days and one night and if the Constable neglect to perform his office herein he forfeits Fourty shillings 5 Eliz. chap. 4. No person reteined in Husbandry or in any Arts appointed by that Statute shall depart after the time of such reteiner expired out of the City Town or Parish where he last served to serve in another without a Testimonial viz. in a Town-corporate under the hands and seals of the Magistrate and two housholders there and in the Countrey under the hands and seals of the Constable or other officers and two housholders of the Town or Parish where he last served which Testimonial is to be registred by the Minister for which he is to have Two pence and then to be delivered to the party The form of a Testimonial for a Servant MEmorandum That J.S. servant to J.D. of Bramsil in the County of Southampton yeoman is licensed to depart from his said Master and is at liberty to serve elsewhere according to the Statute in that case made and provided In witness whereof we have hereunto set our hands and seals this 25 day of August in the 22 year of the reign of our gracious Sovereign Lord King Charles the Second 1670. Ri. Turner Constable of Bramsil R. C. J. D. Housholders there If it be one that lives with a Woman then say is licensed to depart from his Mistress or Dame as she is if the Master be not a Yeoman or Husbandman but an handy-crafts-man as Taylor Smith c. then name him so in the Testimonial 5 Eliz. ch 4. Dalt J. P. ch 31. fo 63. The Master that reteins a Servant without such a Testimonial forfeits Five pounds being thereof convicted by Indictment taken in the Sessions of the Peace and every Servant which sheweth not such a Testimonial to the chief Officer in a Corporation or to the Constable or other officer Minister or Churchwarden of the place where he is to dwell may be imprisoned until he procure one and if he produce not one within one and twenty dayes next after the first day of his Imprisonment or if he shall shew a false or counterfeit one then he is to be whipped and used as a Vagabond This Statute as to this particular of Testimonials is
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
prison there to remain till the said Forfeiture be paid But if a man marry a Grandmother that hath no Estate the Grandfather-in-Law is not chargeable but if she have an Estate caused without such Marriage or that comes after Marriage by descent or otherwise to her here he may be charged but he can be charged in no case longer than his Wife lives Bastard-children are not within this Law neither can the Justices do any thing herein against a man that lives out of their County Resol Judges 15. No Poor may beg but in their own Parish and there by License of the Overseers of the poor and they may not license them to beg in the High-wayes there 1 Jac. 7. No inhabitants may serve any Poor at their door but those of their own Parish that have License from the Overseers of the poor to Beg on pain of Ten shillings for every default Stat. 43 Eliz. 2. The Overseers to make provision for a poor man that wants a house but not for a common Herdsman or Shepherd with consent of the Lord of the Manor by writing under his hand and seal either by themselves or with a Sessions order may erect a Cottage upon any part of the Waste of the Manor and lodge inmates therein notwithstanding the Statute of 31 El. 7. but such Cottage must not be any otherwise employed Stat. 4.3 El. ch 2. All such persons married or unmarried having no means to maintain them use no ordinary and dayly Trade to get their living by and such persons as can get no work are to be set on work by the Overseers and any one Justice of peace may send to the House of Correction or common Gaol such as shall not employ themselves to work being appointed thereto by the Churchwardens and Overseers of the poor Stat. 3 Car. 1. ch 4. The Churchwardens and Overseers of the poor with the consent of two or more Justices of the peace one of the Quorum may set up and use any Trade Mystery or Occupation for the setting on Work and better relief of the Poor of the Parish Town or place where they are Overseers 14 Car. 2. chap. 12. If a stranger come into a Parish into any house under the yearly Rent of Ten pounds per annum the Overseers may require sufficient security of him for the discharge of the Parish and if he refuse they may complain to the Justices of the peace within forty dayes after the parties coming to the Parish and they may order him to give security or otherwise remove him Dalt J. P. chap. 40. fol. 94 95. The Overseers are to take and put out Apprentices such poor mens children as are brought up idly and loosely or such as are a burden and charge to their Parish and they must have regad to put them to such Masters as are of ability and honesty that shall not provoke their Apprentices to run away by hard usage nor suffer them to consume their time without learning their Trade And they are to put out their Children Apprentices while they are young and tractable so they be above seven years of age for else by reason of their idle and base bringing up they will hardly keep their service or employ themselves to work 7 Jac. ch 3. These Apprentices are to be chosen out of the poorest sort of Children whose parents are least able to maintain them and they must be above Seven and under Fifteen years of age when they are first bound 43 Eliz. chap. 2. Dalt ch 31. fol. 83. The Overseers are to have the consent of two Justices of the peace in the putting out of such Apprentices and they may bind the Man-child till 24. years of age and the Woman-child till 21. or till she be married which shall first happen And these Apprentices may be bound to Weavers Masons Dyers Fullers or any other Trade as well as to Husbandry or Houswifery Resol Judges 1633. Quest 1. The Apprentices may be put to any man whom the Overseers and Justices shall think fit within the same Parish or elsewhere in other Parishes within the same Hundred either with or without money But if the Child be young and the party to whom they place it not very able then they may give money if they please as the party and they can agree Resol Judges Q. 4. All men that have or may have use for Servants as Knights Clergymen Gentlemen and Yeomen as well as Tradesmen are bound to take Apprentices yea though wealthy men Table themselves or live so privately that they have no use for a Servant yet they may be compelled to take them or else to pay a summ of money for putting them Apprenprentices elsewhere and if they refuse to pay the summ imposed upon them two Justices of the peace may make their Warrant to leavy the same by distress and sale of the offendors goods Or the refuers to take Apprentices may be presented and indicted for the same upon the Statute of 43 Eliz. ch 2. Resol Judges Quest 2. An Apprentice put to a man in respect of his Farm when his Lease expireth the Apprentice shall go still with the Farm if the first Master be so pleased otherwise it is where an Apprentice is put to a man in respect of his abilities or for other respects And where any diffeences are between the Officers and the man that is to receive an Apprentice about money and what money shall be given or otherwise the Justices thereabouts or in their defaults the Sessions must determine it Dalt J. P. ch 40 31. fo 96 78. If the parents of poor Children shall refuse to let their Children be put out Apprentices without good cause shewed such Parents may be bound over by the Justices to answer their said default And if the Children shall refuse the Justices may send them to the House of Correction there to remain till they be content to be bound and serve Dalt J. P. ch 31. fo 82. These Apprentices must be bound by Indenture and not by any verbal Agreement and the Indenture must be either between the Justices Churchwardens and Overseers or some of them and the Apprentice on the one part and him that takes the Apprentice on the other part And he must be named by the name of an Apprentice expresly or else he is no Apprentice though he be bound The form of an Indenture for a poor Child put out by the Parish THis Indenture made the 25th day of M. c. Witnesseth That R. H. and R. W. Overseers for the Poor in the Parish of H. in the County of S. and H.T. Church-warden of the same parish by and with the consent of A. H. Knight and Baronet and F. T. Esq two of His Majesties Justices of the peace of the same County have by these presents placed and bound J. G. being a poor fatherless child as an Apprentice with E. B. of H. aforesaid widow and as an Apprentice with her the said E. B.