inhabitants Which if observed would be a great furtherance to the course of Justice throughout his Majesties dominions but it is the common course to put the Office upon the poorest and weaker sort but they are mistaken for all are compellable to serve this Office that shall be constrained to come to the Leet except Sheriff Lawyers and Attournies which are to attend in their several places and vocations and if they should the Law allowes them Writs to discharge them Where one is under 21 years he shall not be compelled to serve nor an old man above 70. years but may sue out his Writ Denon ponend in assisses Jurat vide ff 2 Herb. Nat. br And where a man hath Land in one Hundred and lives in another and is chosen to serve in the place where the Land lyes if he hath no house where his land lyes he shall not serve for they are bound to serve in respect of their resiancy and not in respect of their Land but if he have house in either and lives sometimes at one and sometimes at the other he may be made one at either Leet If there be a man chossen either by Steward of the Leet or by presentment there that is unfit or by one Justice of Peace out of the Sessons the Justices at the Sessions may remove him by their order and a fit person shall be there elected and sworn but if he that is sworn at the Leet be a fit person he cannot be removed by the Justices but by the Lord chief Justice of the Judges of that Circuit by the opinion of all the Justices neither can custome or prescription exempt any man that is so chosen at the Leet And if any man be fit and duly chosen in the Leet he shall be there fined if chosen by one Justice out of Sessions and he refuse to be sworn he may be fined and indicted at the Sessions A Constable may make a Deputy for else how should the place be supplyed in case of sickness or other misfortune but if there be negligence or misdemeanor committed by the Deputy the Constable shall be respondent and answerable for them Yet if the Deputy be a fit person and sworn into the place the Deputy shall answer for himself yet it hath been delivered for Law by the Judges that this is rather a Tolleration then Law High Constables of Hundreds are conservators of the Peace in their Liberties and Precincts by the common Law of England 3 Edw. 4.9 Crompt b. 122.11 Hen. 7. fol. 18. Therefore the High Constables for any affray made at the petty Sessions may imprison the Offendors Cook 11.43 44. In the Limits of their several Towns are conservators of the Peace all petty Constables Virtute Officii Bro. Peace fol. 127. Tit Affray and forcible entry but they cannot take surety of the Peace at the request of any man yet they may ex officio cause such as are in their presence and are about to break the Peace to find sureties for the Peace as well before the affray as after 12 Hen. 7.18 Crom. b. 222. Any man that shall make an affray in the presence of the Constable or Borsholder threaten to kill or beat another or ready in an affray to break the Peace the Constable or Borsholder shall commit them to the stocks or to safe custody and after carry them before a Justice and refusing to give surety may commit them to the Goal 3 Hen. 4.9 10. A Constable cannot take a Recognizance because he is no Officer of Record if an obligation the question is how it shall be certified an into what Court and that if should be inconvenient for to give Constables such authority was the resolution of the Lord Anderson yet there were other justices of opinion that though they could not take bayl nor Recognizance yet they might take surety by obligation for the Peace was preserved by constables long before Justices of Peace but the ancient way of the keeping of the Peace was by Writ out of the Kings Bench or Chancery Where a Constable had found any brake the Peace by the antient common Law it was thus all such Offendors the Constable might imprison in the stocks or at his own house according to the quality of the person until they had been bound by obligation with sureties to the King for the keeping of the Peace which obligation was to be sealed and delivered to the Constable to the Kings use and the Constable was to send it into the Exchequer or Chancery from whence process should be awarded to Levy the Debt if the Peace were broken Vide Finch Ch. 127. Any Constable petty Constables Sheriff Coroner or Justice of Peace may by the ancient common Law arrest or imprison all persons whatsoever that shall be violators of the Peace in any of their presences by virtue of their Offices within their Jurisdictions or Limits but they are to meddle only with affrays assaults or batteries or threatnings to break the Peace and if they be negligent in their Offices may be indicted and fined for the same And if they have committed or bound over any or breach of the Peace they must attend the Goal delivery or Sessions of the Peace to declare offences for which they were bound over or committed The Offices of Sheriffs Coroners Stewards or the Sheriffs Torns of the Leet and of the Court of Pypowders and all Justices of higher courts were long before the conquest Vide Cook 49. pars in Praefacio In Lamb. 16.17 you may read of many others who were by common Law that had the custody of the Peace and were nominated Custodes pacis some were by election other by tenure others were by the Kings Writ and had their duration for terme of their lives or quamdiu se bene gesserint bt they are all antiquated and obsolete A Constable may Arrest any that shall make any affray if he flyes into a House and shuts the doors he may Justifie his breaking open the doors if he flyes from thence in fresh suit he may persue him though in an other County and where two be a fighting though no hurt done he may apprehend them and make them find sueties for the Peace and if any be mortally wounded he may carry him to the Goal for he is not Baylable for the fact is felony in case the Party dies within a Year and a day If any shall assault a Constable doing his Office he may upon se defend Justifie the killing of him if he cannot otherwise avoid it If a man be taken in or near the high way Robbing and be brought to a Constable he must forthwith bring him before a Justice of Peace to be examined and if he finds cause have him to the Goal If any do suspect any of murder or felony he ought to bring him to the Constable that he may have him before a Justice with him that suspects him that upon examination if it be found that there
if any offend herein the forfeiture is 3s. 4d. to the use of the poor of the said parish where the offence is committed it is a sufficient conviction if it be done in the presence of any officer or coufession of the offendor or one witness or more upon Oath which the said Justice or any chief officer by this Act is authorized to administer and if any of the said Officers find any person-offending by warrant under his hand and seal to the Constables or Church-wardens of the parish where the offence is done to levy the penalty by distress or sale of Goods rendring the overplus to the offendor in default of distress to put the offend or in the Stocks three hours the offend or must be prosecuted within one month The 3 Car. 1. punisheth all Carriers Carrier or Waggoner Waggoners Carter Wainman or Drover that travels on the Lords day with the forfeiture of 20s. and all Butchers that kill or sell any victuals upon that day lose 6s. 8d. The summes and penalties after conviction before a Justice of peace or any other head-officer by warrant from the Justice may be levyed by the Constable or Church-wardens to the use of the poor where the offence is committed by distress sale of goods rendring the overplus here the conviction shall be by view of the Justice or other head-officer confession or upon oath of two or more witnesses the offence to be prosecuted within six months Of the Sabbath and Holy days BY the Statute of the 2 and 3 of Edw. 6. cap. 19. 1 Car. 1. and and 3 Car. 11. The Constable is enabled to restrain all concourses of people that come out of the limits of their own Parishes for any pastimes whatsoever And that there be not any Bare-baiting Bull-baiting Enterludes Common-plays or unlawful Pastimes on the Lords Day and if any offend herein by the view of one Justice of Peace in the County or the chief Officer in a Corporation by his own confession or one witness upon Oath before one Justice or such an Officer forfeits to the poors use 3. shillings 4. pence to be levyed by distresse and sale of goods of the Offendor by warrant from the same Justice or Officer to the Constable or Church-wardens of the Parish and in case no distress the Offendor is to sit in the stocks 3. hours The prosecution upon this Statute must be within a month of the offence committed and in case the Officer be questioned the General Issue is to be pleaded and any special matter may be given in Evidence 1 Car. 1. The 21 Jac. 7. says Drunkenness all persons that shall be drunk it shall be a conviction upon the view of any Magistrate confession or one witnesse proving the same the forfeiture is 5. shillings to be paid within one week after the offence cōmitted to the Church-wardens of the Parish to the use of the poor in default of payment to be levyed by distress or sale of the offendors goods by warrant from the Justice before whom the conviction was if the offendor is not able to be set in the Stocks 6. hours and if the Constable or other Officer neglect his duty herein in punishing or levying the forfeiture according to the Act he forfeits 10. shillings to the poors use where the offence is committed to be levyed by distress or sail of Goods rendring the overplus to the offendor And all persons that shall continue tiplingin any Inn Victualling-house or Ale-house in the same City Town or Village where he inhabits excepting handy-crafts-men and travellers upon working dayes one hour at dinner labourers and workmen which for following their work sojourn or lodge in such houses other then for urgent occasions allowed by two Justices the same be seen by any Mayor or other Head officer or J. of Peace within their limits or by Oath or two Witnesses but by the Statute of 2 Jac. 5. the Magistrates view his own confession or one witness is sufficient to convict him the forfeiture is 3s 4d to the poor use where the offence is committed to be levied as aforesaid and if the Offendor be not able to pay to sit four hours in the Stocks all these offences are to be presented by the Constables or Church-wardens before the Justices of Assize in their circuits Justices of peace in Sessions Mayors Bailiffs and other Head-officers of Cities and Towns corporate that have power to inquire of trespasses and in Court Leets they that shall be convict the second time shall be bound with two Sureties in Ten pound to be from thence of good behaviour but none shall be punished by this Statute unless he be presented indicted or convicted within 6 months after the offence committed and the oath of him that confesseth the offence shall be a conviction against any that offends at the same time The Constables Oath YOu shall well and truly serve the Kings Majesty in the Office of a Constable and shall see the kings Peace to be well and truly keept to the utmost of your power you shall arrest all such persons as in your presence shall ride or go armed offen sively or shall commit or make any rito affray or other breach of the peace you shall do your best endeavour upon complaint to you made to apprehend all Felons Barretors or Rioters or persons riotously assembled and if any such offenders shall make resistance with force you shall levy Hue ad Cry and shall pursue them until they be taken you shall do your best endeavour that the watch in your town be duly kept that Hue and Cry be duly pursued according to the Statute that the Statute made for punishing vagabonds rogues and night-walkers and such other idle persons coming within your liberties be duly put in execution you shall have a watchful eye to such persons as shall mannage or keep any common house or place where unlawful Games are used or such as shall frequent such places contrary to the Statute And you shall have a care for the maintaining of Archery At your Assizes Sessions or Leet you shall present all the Offences contrary to the Statutes made and provided for the restraint of inordinate haunting and tiplingin Inns Taverns and Ale-houses and other Victualing places for the repressing of Drunkenness and prophane Swearing you shall true presentment make of all Blood-shedding Affrayes Out-cryes Rescues or other Offences committed or done against the Kings peace within your limits you shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace and others who have authority in this County you shall well and truly according to your knowledge power and ability do and execute all other things belonging to the office of a Constable so long as you shall continue in the said office So help you God Who be Rogues by the Statute ALL persons are Rogues above the age of seven years that shall call himself a Schollar Rogues
them collected for the poor vid. 43 Eliz. cap. 3. and by the Statute 21 Jac. cap. 18. Two third parts of the forfeitures for what of length breadth or weight of Cloths by any other Statute now in force shall be levied distributed and accounted as the forfeiture aforesaid Of Quakers THe Statute of the 14 Car. 1. cap. 2. sayes The difinition of a Quaker that Quakers by this Act are such persons as holds dangerous Opinions and such as holds that the taking of an Oath in any case whatsoever although before a lawful Magistrate is altogether unlawful and contrary to the Word of God And do refuse an Oath lawfully rendred That if any person who shall maintain that the taking of an Oath in any case whatsoever before a lawful Magistrate is unlawful and against the Word of God and shall wilfully refuse an Oath bound to take being duly tendred to him or shall perswade or endeavour to perswade any other person to whom it shall be tendred to refuse to take it or shall by Printing Writing or otherwise go about to maintain or defend that the taking of it is unlawful or the said persons called by the name of Quakers shall go from the places of their dwellings and assemble to the number of 5. or more of 16. years old and upwards at one time and in one place under pretence of joyning in a Religious worship not Authorized by the Law of the Realm being convict by the verdict of 12. men or his own confession or the notorious evidence of the Fact For the first offence shall forfeit any summe not above five pound to be levied by distress and sale of his Goods by warrant of the parties before whom the conviction shall be for want of distresse or non-payment in a week to be committed to the common Goal or House of Correction for three months without Bayl to be kept at hard labour For the second offence the forfeture is 10. pound by distress to be levied as aforesaid for non-payment in that time to be committed 6. months to the places before mentioned the moneys to go for a stock to the House of Correction as the Justices shall appoint The 3. offence is Abjuration after a 2. Correction or at his Majesties pleasure to be transported to any of his Plantations beyond Sea The Judge of Assize of Oyer or Terminer and Justices of Peace in their open and general Sessions may hear and determine these offences and as in cases of trespass and may make out process in order to their conviction any Justice of Peace Mayor or chief Officer may commit to the Goal or bind over with sureties to the quarter Sessions any offending in the premises and the Constable is the immediate office to make diligent search in all places within his jurisdiction for the apprehension He that shall take the Oath that he formerly refused giving security not to meet again although convicted shall be discharged Of Supervisors Surveyors and Orderers for the High-ways BY the Statutes 2 and 3 of P. and M. cap. 8.5 Eliz. cap. 13.18 Elia. cap. 18. High-wayes Every person upon six days appointed for working in the High-ways that hath a plough-land either in tillage or pasture in occupation in the same parish and every other person keeping there a plough or draught shall find and send at every day and place appointed for the amending of the ways in the Parish aforesaid one Wain or Cart furnished with Oxen Horses or other cattle with other necessaries convenient for that purpose and two able men with the same upon forfeiture of ten shillings and every Cottager and Labourer of the said Parish that is not a servant hired by the year shall labour upon every of the said 6. days The default of every person for every day is 12. pence and if there shall be no need of an of the said carriages then the persons that should have sent them shall send to the said work to able men for every carriage so spared upon the pain of one shilling for every one that shall make default bringing with them all things materials for such service and all shall work by the space of eight hours unless they shall be other-ways licensed by said Supervisors or any one of them and it shall and may be lawful for any of the Supervisors or any one of them according to the 2 and 3 of Phil. and Mar. for the better amendment of the High-ways within the limits of the said Parish to give power to any to take and carry away any rubbish or any broken stones of any Quarry that shall lye within the Parish without license or controlement of the owner or owners so much as in their discretion shall seem meet and necessary and for default of such Quarries the Supervisors or Overseers may appoint any to dig gravel or sand in any grounds lying next the High-ways within the said Parish so much as they shall think meet and necessary for the reparations aforesaid or any stones or other stuffe where heretofore they have usually digged It is provided in the said Act House Garden or Orchard that the Supervisors shall not dig in any Quarry or Quarries but shall take such rubbish or other materials fit and useful for the High-ways as there shall be found without the license and commandment of the owners neither impower any to digg and gravel sand of any other thing in the house garden orchard or meddow of any person or persons whatsoever neither in any inclosed ground then only one hole or pit for gravel as afore declared in breadth or length above ten yards at the most and then that every such pit so digged the Supervisor or Supervisors shall within one month after cause to be filled up with earth at the cost and charges of the said parish upon the forfeiture of five marks to the owner or owners of the soyle By the Statute 5 Eliz. cap. 15. Water-courses where any water-course shall be in any ditch or ditches of the High-ways it shall and may be lawful for the Supervisor or Supervisors to to turn the same into any mans ground or soyl in such ways and manner as to their discretion shall seem most meet and convenient and the Supervisor or Supervisors by force of this Act may within one month after any default present the said offence to the next Justice of Peace upon the forfeiture of fourty shillings The 18 Eliz. cap. 10. Land in several Parishes declares that every person or persons except such as dwell in the City of London that shall be assessed to any subsidies in Kings books to five pound in Goods or fourty shillings in Lands or above during the time he shall stand so charged and being non of the parties so charged for the amendment of the High-ways by any other Act but as a Cottager shall find two able men yearly to labour in the High-ways as is limited and appointed by the said
The Exact Constable WITH HIS ORIGINAL POWER IN THE OFFICES Of Church wardens Overseers of the Poor Surveyors of the High-wayes Treasurers of the County Stock and other inferior Officers as they are established both by the Common Laws and Statutes of this Realm By E.W. of Grays-Inn Esq The second Edition with many useful Additions Non Nobis nati sumus sed partim Patriae LONDON Printed for H. Brome at the Gun in Ivy-Lane 1660 TO THE READER IT may seem an impertinent attempt to loaob you with this Treatise there being already one in Print which carries the Face of the same design But if you compare the Time and positure of affairs which produced that Schem of Laws with the present which gives beeing to this you may Rationally conclude that those Rules for Government in the Civil and Ecclesiastical affairs are no more proper now then The keepers of the Liberty of England c. are to be the Supream Magistrate Those acts of Obedience and Religion which then were taken for Graces being now justly condemned for Errours and Vices Not to reflect on the Author of the former compilement who being circumscribed by the wilful Dictates of the persons then in power was out of fear or somewhat else forced to tune the Law as much as he could to their Tyrannical ears Were he now to write on the same Subject he could not nor would have varied a Tittle in substance from what is now exposed to your view But the same Garment which was made for a Monster cannot fit a man And therefore this which is here published care hath been taken to comprehend all those Rules and only those Rules which by the ancient modern Laws those Officers to whom it is applied are obliged to observe How well it is performed is submitted to your Judgment The compiler having no other design then to throw in his Mite towards the establishing the desired and admirable Government of this Nation and to contribute his assistance to all those Loyal and Active subjects who conform to and Act under the same THE CONTENTS Where High Constables and Petty Constables are Sworn Page 6 Of the Sabbath and Holy-dayes p. 69 The Constables Oath p. 76 Who be Rogues by the Statute p. 80 The manner of the Testimonial p. 84 The Ministers Office 102 A Conventicle p. 110 The Church Wardens Duty p. 115 Of Quakers p. 138 Of Supervisors Surveyors and orderers of High-wayes p. 143 Of the destruction of Noysome Fowl and Vermin p. 158 THis Author hath in Print a very useful Piece called Justice Revived Or The whole Office of a Country Justice of the Peace The Offices and Duties of Constables Church-wardens Overseers of the Poor and High-wayes County-stock Treasurers and divers other petty Officers as they are established by the common Lawes of England Of Constables and their Antiquity Constables were first established by the Statute of Winston 1. and by divers other Statutes since their Office is to be Attendants upon the Common-wealth for the maintenance of the Peace and are to execute the Warrants and Precepts issuing out of Court-Leets from Justices of Peace and Coroners within their precincts and liberties Lamb. saith a Constable in a hundred and Franchise is the Kings Majesties immediate Officer for the support and maintenance of the Kings peace There are two sorts of Constables high Constables and petty Constables the high Constables are for the whole hundred and comprehends many parishes and villages heretofore there were two high Constables in every hundred as you may read in Lamb. and Dalton but at this day there is but one the other kind are petty Constables and are only for some part of a Parish Village Hamlet or Tything within the Hundred for in every Hundred there is a High Constable and every petty Tything within the Hundred hath his petty Constable or Tythingman or some under Ofcer and the petty Constables command is in part of the High Constables jurisdiction and his Office by the ancient common Lawes of this Realm is the same with the High Constable as far as his Precincts extend in divers Counties they are called by several appellations as in Warwick-shire Third borrow in Kent Borsholder and in other places Burrow-head or tythingman and he that is so sworn is in effect the petty Constable of the place In the beginning of Edw. 3 were first appointed petty Constables for the aide and assistance of the High Constables of hundreds in their own Tythings or Burrows in some parishes there are Constables but generally in all there are Tythingmen or petty officers in some places the Tythingman executes and commands the precepts of the Lord of a Mannor and he is chosen and sworn at the Lords Court and some are chosen at the Court Leet by the custome and they are not compelled to do any thing but what time out of mind they have used to do yet all the aforementioned officers are comprehended in this word Constable Where High Constables and petty Constables are sworn THe making of high Constables may be by Justices of Peace at quarter Sessions or at the Leet either by the Steward or the grand Inquest as the custome is heretofore they were Sworne in the Sheriffs Torne Petty Constables are most properly chosen by the Steward of the Leet himself or the Inquests presentment in the Leet yet they may be chosen by Justices of Peace in their quarter Sessions and as the custom of the place is for one or two years and do usually take their Oathes where they are chosen or may Dalton p. 37.38 and sometimes take their Oaths before a Justice of Peace at another time A petty Constable may be made by one Justice of Peace out of Sessions Lamb. duty of Con. Cook 8.41 42. Dal. 322 323. as where one is chosen and upon good matter shewed to the Justices 21. Edw. 3.2 is taken off and another chose Mant. ca. 10. or by death of the former Constable the Justice puts in another for a present supply especially when the Quarter Sessions or Leet are far off There must be fit persons chosen for the Constables Office not Clergy men for if they be chosen they shall be discharged by Writ He must be a lay person not a woman for although a maid be a house-keeper or dwell in a house where the owner was usually to serve the office is not to be chosen no more then a Widow can do suit in a Leet He must be Idoneus one that in some measure hath knowledge to understand what belongs to his place therefore an Ideot or Infant cannot serve He must be of known honesty one that will execute his Office without malice or partiality for a scandalous or contentious person cannot be fit In Anno 1650. neither can an old or decripted sick or an impotent or poor man It was commanded by the King as a special direction for the Justices to choose of the ablest of the
every Quarter Sessions pay the money for maimed Souldiers and likewise such moneys to one of the Treasurers of the Shire as the Church-wardens have paid to him for the Prisoners of the Marshalsey and Kings-Bench upon pain of twenty shillings 43 Eliz. 3.1 Jac. 25. All popish Recusants shall be presented by the High Constables or Church-wardens at the Quarter-Sessions Recusants that come not to Church monthly and the names of their children that are nine years old and upwards living with their Parents and the names of their servants upon the penalty of twentie shillings for every default And if they be indicted and convicted the Constable shall have out of their goods fourty shillings A Constable may compel any Inn-keeper or Victualer to lodge any Traveller or Stranger Inholder by the Statute 5 Edw. 4.3.3 Car. 1. By the 3 Car. 3. Alehonses All that keep common Alehouses that sell without Licence shall forfeit twenty shillings which penalty after warrant from the Mayor or Justices shall be levyed by the Constables where the offence shall be committ4ed to the use of the poor of the same Parish by way of Distresse and in default of payment to be sold within 3. dayes rendring the overplus It shall be a conviction if in the view of such Mayor or Justice confession or upon the Oath of 2. Witnesses which the Justices shall administer and if the offendor have not goods or pay not the penalty within six dayes the Justices may commit such offendor to the Constable to be Whipped and if the Constable or Inferiour Officer shall not execute the punishment he shall be committed to the Goale until the offendor be punished as aforesaid or until the Constable shall have paid for the neglect of his duty forty shillings to the use of the poor of the Parish Servants that are retained in Husbandry Servants must be according to the Statute 5 Eliz. cap. 4. after such retainer shall not depart till the time is expired or have a Testimonial under the hand of the Constable or other Officer with two of the Inhabitants of the Parish where they last served and such Testimonial shall be dated by the Minister taking two pence for the Registring and if he be retained in any other service without such Testimonial he shall be imprisoned till he procure one if he get none within twelve dayes next after his imprisonment he shall be Whipped as a Vagabond Dabourers All Artificers or Mechanical Tradesmen the Constable shall set on work in time of Corn or Hay Harvest as are fit to labour by the day and such as shall refuse such Officer may imprison in the stocks two days and one night upon the penalty of fourty shillings The Statute 2 and 3 Phil. and Mar. and 5 Eliz. 13. High-wayes enables the Constables or other Officers with the Church-wardens yearly upon Tuesday and Wednesday in Easter week to call the Parish together and to elect two honest men of the Parishto to be Surveyors of the High-wayes for the repair of High-wayes leading to any Market Town and to appoint six dayes for the repair of those High-wayes before Midsomer next ensuing and to give notice the next Sunday after Easter six dayes and by the Statutes above recited must have one part of the Estate indented and may call the Constable to an accompt for the forfeitures for not amending the High-wayes and may levie the same by Distresse and sell the Distresse returning the overplus according to the Statute 18 Eliz. cap. 10. And if the Surveyers shall not have levyed and imployed the same within a year after the offence committed shall render an accompt before two Justices of Peace By the Statute 18 Eliz. 7. Hedge-breakers Constables may or any inferiour Minister Whip breakers of Hedges and robbers of Orchards and Gardens stealers of Corn and Wood as be committed to him by the Justice and if they neglect their duty herein the Justice may commit them to the common Goale till it be performed Every Constable by the Statute Plague 1 Jac. 31. that neglects their Office in the levying money as they are appointed by the Justices or other head Officers of Towns incorportated for the relief of the poor infected with the Plague as it hath been Taxed forfeits for every offence twenty shillings to the use of the poor infected and a Constable or other Officer if the infection be out of the Town Corporate Priviledged Place or Market Town may command persons infected to keep their houses and if the persons will wilfully go abroad it is lawful for the Watchmen with violence to enforce them and if any person that is so infected or having a sore running upon him go abroad for the said offence he shall be punished as a Vagabond by the Statute 39 Eliz. 4. and to be bound to the good behaviour twelvemonths The Statute of 7 Jac. 11. Nets and Setting-Dogs does give power to Constables and other head Officers being warranted by two Justices to search the houses of persons suspected except 40. l. per annum of inheritance or worth 400. l. in goods for setting-Dogs or that keep Nets to take Pheasants and Partridges and may take their Dogs and cut their Nets The Statute of the 8 Hen. 6. c. 5. commands that there be in every City Waits Measures Borough and Market Town Weights and Measures sealed at which the Inhabitants may freely weigh 11 Henry 7.4 Such Merchandize shall be forfeited of any Wools Merchandize or other Merchandize that shall be shipped in any suspected place adjoyning to the water if there be not Indentures made between the owner the Mayor or Constable of that place 14 Hen. 6.5 Every Mayor Sheriff Bayliff Constable or any other Minister of Justice within any of their Jurisdictions or limits upon the pain of fourty shillings for every default ought to search once every month at the least the places where any unlawful Games shall be used and may arrest and imprison both the Keepers and the Gamesters and if any of the Officers aforesaid shall know of any Tradesmen whasoever Mariner Fisher-man or Water-man that doth play at Tables Dice Cards Tennis Quoiting Logating or any other unlawful Game out of Christmass or out of their Masters house in the Christmass unlesse by the Masters license that hath a 100. l. per annum then such Officers may commit them to Ward till he be bound to the King in Such a sum as the Officer shall think fit not to use the same again 23. Hen. 8.3 By the Statute 21 Hen. 8.3 Bridges four Justices are authorized to make a Tax of money for the repair of any decayed Bridge in the High-way and this must be made by the Constable or two of the suffioientest Inhabitants of the Parish The 23 Hen. 8.4 gives power to all Mayors Sheriffs Bayliffs Vessels and Constables where no Wardens of Coopers be to search view and gage Barrells
Kilderkins Firkins and other Vessels to be made there to have the advantage as the Wardens of Coopers in the City of London hath The 27 Eliz. cap. 14. Making Malt. doth enable the Constables of all Boroughs or Market Towns to view search and servey all such Malt to be made of sold and if any made at any time except in June July and August but it shall have at the least three weeks in the sat floor steeping and sufficient drying thereof in the months aforesaid seventeen dayes at the least and if any sold that is good mingled with bad or made of Mow-burnt Barley or spired or not sufficiently well trodden rubbed or fanned where half a peck of dust or more may be fanned out of one Quarter then may the Constable with the advice of one Justice of Peace of the same County cause the Malt to be sold to such persons at reasonable prices under the common price of the Market as to his discretion shall seem meet The 13 Eliz. 2. and 3. County stock puts the power in the Constable and Church-wardens of each Parish if the Parishioners disagree to Rate and allot within their parish their Assesment for the Shire-stock wherewith the Parish was charged at the quarter Sessions and may levy the same upon any of the Parishoners by distress and sale of his goods restoring the overplus to him By the 21 Jac. 7. Tippling all Constables and Church-wardens shall in their Oaths be charged to present the offences against the statute 1 Jac. 9. Of all Inn-keepers and Alehouse-keepers that suffers any to continue Tippling in their houses except labouring men in dinner time or lodger there during their work or upon sufficient grounds to be allowed by two Justices forfeits ten shillings to the poor of the Parish or that shall vend or sell less then a full quart of the best Ale or Beer for a penny forfeits twenty shillings to the said use the offences viewed by the Mayor Bayliff or Justice in their several limits or proved by the Oath of two witnesses and according to the 21 Jac. 7. one witness or his own Oath is sufficient to convict any penalty is to be levied by the Constables or Church-wardens of the Parish where the offences are done in default of payment within six dayes the distresse to be apprized and sold and the overplus restored to the party upon pain of fourty shillings to the use of the poor if the duty be neglected The 1 Jac. 29. speaks that all Justices of Peace Victualing houses Mayors Bayliffs Head-officers and Constables in Lent-time may enter into all houses for Victualing and where any flesh shall be suspected to be dressed and finding any dressed in Lent-time or on Fish-days except provided for Ships or killed three days before Easter may seize the same as forfeited and give it to the poor In the 3 Jac. 4. Presentment of Recusants the Statute enables Constables and Church-wardens to be present once every year at the Quarter Sessions to present the monthly absence of Recusants from Church and their Childrens Names nine years old and upwards living with their Parents with their Servants and in default thereof forfeits twenty shillings and if any of them be indicted and convicted not before convicted shall have fourty shillings of the Recusants goods The 3 Jac. 12. instructs the Constables Church-wardens of all Market-Towns Parishes and Liberties where any offence is committed about the erecting new Wears along the Sea-shore or in any Harbour Haven or Creek for the destruction of any Spawn or Sea-fish in any Wear or other Engine within five miles of the mouth of any Haven or with fishing with any Haynet or Drag-net under three inches meash may levy the forfeiture by distress or sale of the offendors goods returning the overplus The 7 Jac. 3. enjoynes the Parson or Vicar of all Towns and Parishes Appretices not incorporate with the Constables and Church-warens Collectors with the Overseers for the poor concerning money given for binding Apprentices of the poors Children within their Parishes and they have the placing of them and to give such monies with them as they shall think fit according to the will of the donor and if they make default then every one so offending forfeits three pound and the Master Mistriss or Dame of such Apprentices shall bne bound with one or two sufficient sureties in double the summe they have received with the Apprentices to the Parson Vicar c. to repay the mony so received at 7. years end or within three months next after And if the Apprentice Master or Mistriss happen to die within the term then within one year next after such death the Parson Vicar or Constable shall put forth such moneys within three months after their receipt and if there be not fit persons to be bound in the Townes and Parishes then in the next Parishes adjoyning the poorest Children may be placed by the discretion of the Parson c. And that no Apprentice be above fifteen years of age to be bound and the Parson Vicar Constable c. shall every year in Easter-week or within a month give up his account before four three or two Justices of the Peace inhabiting in or next to the said Towns and Parishes for all such moneys as they have imployed in binding of Apprentices and of all Bonds and Obligations for the payments thereof and the moneys remaining in their hands they are at such accounts or ten dayes after to deliver it to their Successors or such as are in their places with the bonds and moneys as they have in their hands not imployed The 21 Jac. 29. Cursing and swearing doth enable all Officers whether Justices of Peace Mayors Bayliffs Constables c. where any shall swear or curse in the hearing of any of the aforesad Officers or shall by two witnesses or their own confession before any officer where the offence is committed be convinced by this Act to minister an Oath the offendor for every offence shall pay one shilling to the use of the poor of the said parish and it is warranted by this Statute that the Constables Church-wardens and Overseers may levy such sums of mony as shall be forfeited by distress or sale of the offendors goods rendring the overplus and if he have no goods and be above the age of 12 years he shall be set in the stocks three hours if under the said age and shall not instantly pay the 12 pence then by a warrant from the Justice or head officer c. shall be whipped by the Constable Parent or Master in his presence all offences against this Statute shall be done within twenty days after the offence committed By the 1 Car. 1. Prophaning the Sabbath there shall be no meetings or assemblies of the people out of their own parishes on the Lords day for any sports or pastimes whatsoever as Bear-baitings Bull-baitings or other unlawful sports or pastimes
Overseers In the word Parents is meant a Father or a Grandfather Mother or Grandmother being able persons and in the word Children is any Child or Grand-child and all Parsons or Vicars may relief the poor of their parish as well as others that dwell in the parish Where any man hath an impropriation of any Tythes Cole-mynes or Lands in manual Occupation is chargeable and those that have saleable Woods where they receive any annual benefit shall be taxed to all the aforesaid payments and where there is but one Church-warden it is sufficient to charge any person with the Overseers No Justice of the Peace are to meddle in the chosing of a Constable either in Sessions or out of Sessions where it hath been time out of mind used in a Court Leet unless there hath been some neglect or misgovernment in the said Court The Kings-Bench is to decide the difference if any Justice of Peace shall intermeddle to remove a Constable that hath been chosen by the Leet and the Leet may put him in again For there always hath been a question of the Justices power herein as you may read Trin. 9 Jac. Ban. Regis and in the Report of Stiles 362. But it hath been agreed by all the Judges if the Leet do not choose a fit man Constable or neglect to give him his Oath or doth any unlawful act in the choosing him the Justices may choose one Steels Rep. 71. Mich. 22. Car. Ban. Regis And if a Constable die or be removed then the Leet if near may choose one otherwayes it must be done by the Sessions or out of Sessions by the two next Justices and the Lord if any miscarriage be proved shall loose his Leet and this was the Resolution of all the Judges in 1633. But now there is a provision made by the 14 Car. 2. that if such officer either remove or die any of two next Justices or any other two Justices may swear a new one to continue till the Leet or quarter Sessions and then the Steward of the Leet or Justices are to choose or swear an other Or And if a Constable have served his Office a year the Justices at their Quarter Sessions may discharge him of the Office and put in another till the next Court Leet You shall read Trin. 9. Ban. Regis that where there is no Leet for the Hundred the Justices shall make High Constables and this hath been constantly done by the Justices Crook 1. part 283. sayes that all Attorneys are priviledged from serving any Office and the reason is because they attend the Kings Majesties Courts and if any should be chosen the Law allows them a Writ And likewise every Servant of the Kings Majesties in ordinary are priviledged because they are alwayes supposed to be attendants upon his Person in his Court or affairs Vide Resol of the Judges 1633. And if any be chosen to the Office of Constable and refuseth to serve he shall be fined or imprisoned for his contempt and the Judges of the Kings-Bench may compel him to it if he have not some legal impediment Vide Crook 1. 409. The office of a Constable of a Hundred may not make a Deputy for the Execution of his Office yet a Deputy may do many businesses in his Office in the Constables name but the Constable shall be respondent for the same Vide Resol Judges in 1633. Where in some Parishes or Towns the custom of the place is that the Office shall go from house to house is not good but yet where there is a custome that every man that is sufficient in the place shall serve the Office or find a man to do it may be good Crook 1.283 A Constable of one Town shall not execute his office in another Town where he is not Constable and the person that is so chosen must be person a habilis idonea Or else he may be removed vid. le Statutae 10 Eliz. 4.18 The Ministers Office THe Minister or Curate of every Parish ought to Register the Testimonial of every Servant at his departure out of his service and two pence is allowed for the Registring He is to aid the Constable or Tythingman in the whipping of all Rogues and to Register them and to send a Testimonial with the Rogue after he is whipped upon the forfeiture of five shillings for every default He hath power to give Licence to any that is sick during the time of his sickness License to eat flesh to eat flesh upon days prohibited and shall have four pence for Registring the same in the Church book if the parties sickness continues above nine days after the Licence granted But the Statute 1 Jac. 29. that no sick person by vertue of 5 Eliz. 5. is warranted to eat any Butchers meat in Lent or any other dayes prohibited but the sick person may incurre the penalty of the said Statute If any person shall after notice given by the Minister Coming to Church Curate or Church-wardens maintain or keep in his house or any where under his tuition any person that wilfully refuseth to come to Church forfeits ten pound for every month and by 35 Eliz. 1. the the Minister or Curate of the Parish may require any person within three months after his conviction to make publick confession and submission in the time of Divine Service on a Sunday or Holy day The 35 Eliz. 5. gives power to the Minister or Curate of the Parish and to the Constable and Tythingman of any Town to which any Recusant is sent to enter the same into a book to be kept for the purpose and shall certifie the same at the next Quarter Sessions for that County By the Statute of the 3. of King Jac. all Ministers after morning Prayer or Preaching Solemnizing the 5. November shall publickly and distinctly read the said Statute concerning the miraculous delivery of the King and State from the Powder-Treason giving to Almighty God a Sollemn Thanksgiving annually in all Churches within his Majesties Dominions He that shall wilfully disturb a Preacher in his preaching or shall rescue him that hath so done a Justice upon complaint only for six dayes may commit him to custody but after the six dayes two Justices must take the examination and finding it either by his own confession or proof or by two witnesses that he is guilty may commit him to prison for 3. months Vide le Statutae 2 Phil. Mar. cap. 3. But this Act mentions not whether the evidence shall be by Oath nor impowers the Justice to give an Oath and therefore it is the surest way to leave the Offendors punishment to the Sessions And if an Offendor against this Act doth make an escape the Town where he escapeth shall be punished But no mention is made in the said Act whether the evidence shall be by Oath neither are the Justices impowered to give an Oath Therefore it is the best way to leave the Offendor to the Sessions
is any probability in it the Constable may search for him and a Constable may Arrest one that is indicted of felony upon his own authoritie If any fly for felony it is the Office of the Constable to seiz his goods for if they should be embezelled he must answer for them therefore it is best to Inventory them with the testimony of his neighbours A Constable may commit any that he shall find in adultery or fornication 1 Hen. 7.7 taking company with him to bear witness and where he hath arrested any or hath in his custody any that ought to be carried to Goal he may raise sufficient strength for his safe carriage or in the interim commit to custody or to the Goal and the Goaler shall have no fee at this reception When a Warrant shall be directed to the Constable 27 Hen. 7.39 stable or any other inferior officer under him he must use all expedition and security for his apprehension requiring him in the Kings name to go with him and if he shall deny he may forthwith commit him to prison resisting or making an attempt to escape may justifie the beating of him and if he is willing to go he may chuse what Justice he will go before but in case it be grounded upon a Writ of Supplicavit the Delinquent is compellable to go before that Justice from whom the Warrant came upon which the Supplicavit is grounded and if he refuseth he may instantly carry him to the Goal and if the party goeth before some other Justice of Peace and puts in bayl in some of the Courts at Westminster whereupon he hath a Supersedeas the Constable or inferiour Officer must presently discharge him keeping the Supersedeas in case he be questioned by the Justice from whom the Warrant issued The 21. Jac. 8. mentions all Supersedeases to be void unless the process of the Peace or good behaviour whereupon such Supersedeas is grounded be granted upon motion in Court with able Sureties toappear to the Judges of the same Court upon oath to be assessed at five pounds land or ten pounds goods in the Subsidy-book the oaths and names and places of such sureties shall be entered and remain of Record in the same Court unless it appears that the Judges from whence the Supersedeas issued doth desire such Supersedeas bona fide by some party grieved in Court from whence it came A Constable must take special care having arrested any man that he doth not wittingly or negligently let him escape look what offence the party escaping is culpable of the same is the Constable or inferiour Officer that apprehends him and it lyes in the power of the Judges to assess what Fine in their discretion they think fit and if the offence be hainous to the value of their goods In London the Constables ought to be assistant to the Colledg of Physitians with seven miles thereof 11 Henry 4.24 Stanf. 35 Physitians for the due Execution of such Statutes as do concern Physitians Apothecaries and Chirurgions as you may read in the Statute of 14 Hen. 8. cap. 4 5.23 Hen. 8.1 A Constable may arrest any Purveyour that shall take any thing from any of the King Subjects unless it be for the Kings houshold and if he neglect his office Purveyour 23 Hen. 8.3.28 Hen. b. ca. 1. he forfeits twenty pounds neither can he take any thing of any person but by the delivery of the Mayor Bayliffe Constable or other such Officer of the place from whence the thing is taken Where any shall take any thing for the Kings house it must be done by Tailes or Indentures sealed between the Owner and the Taker in the presence of the Constable or some other Officer and the Owner to be satisfied for it 10 Edw. 3. ca. 1. No Taker shall take any kind of provisions whatsoever without a Commission and a blank for the County in which the said several things are taken and the prizes thereof shall be written 1 2 Phil. Mar. c. 9. to which the Constable or other Officer shall put his Hand and Seal and make a breviate thereof in writing 10 Edw. 3. cap. 1. containing the provision so taken upon pain of an hundred Marks to give it the Constable or other Officer to deliver it to the Justices at the next Quarter Sessions If a Purveyor shall seize any thing to the Kings use 20 Hen. 6. cap. 8. not exceeding forty shillings and shall not pay ready money for it the owner of the goods taken may retain them the Constable or other inferiour Officer being required ought to aid and assist the party whose goods are taken upon the the penalty of the forfeiture of double the value Every Offender that shall be committed to the common Goal his commitment shall be at his own charge his goods shall be sold and the overplus paid to him 21 Jac. 28.3 Jac. if no goods a tax shall be made by the Constable and Church-wardens and two or three other of the Inhabitants of the Parish where the Offender is taken which being allowed by a Justice of Peace Concerning the conveyning of Offendors to Prison if any that be taxed refuse to pay by warrant from the Justice the Constable or other Officer may distrain and sell the goods rendring the overplus Concerning the executing of the Statute 7 Jac. 4. Beggars Rogues against Vagabonds and Rogues the Justices are to assemble twice a year if occasion be oftner and five days before the Justices may command the Constables and other inferiour Officers of all the Hundreds Tythings and Parishes to search for such persons or any other suspected within their Jurisdictions and Limits and such as shall be found bring to the said Justices if upon examination they shall be found of a loose and idle life by warrant they shall be sent to the House of Correction there to be punished and set on work and the Constables must give an account under the hand of the Minister of the Parish what dissolute persons they have punished or sent to the House of correction and if they neglect their duty the Justices shall fine them not exceeding forty shillings The Church-wardens of every Parish shall levy money for the relief of the Goal Prisoners Prisoners upon the penalty of five pounds to be paid every quarter to the High Constables and they must pay of the same at the next Quarter Sessions to the Receiver that shall be appointed by the Justices at their Sessions upon the like penalty of five pounds High Constables ought to present to the Justices the defaults of Watches the Kings High-wayes that there be no ditches or bushes within two hundred foot on every side of the High-wayes and likewise if any shall lodge Strangers for whom they will not answer by the Statute of Winton and 13 Edw. 1. Upon pain of forty shillings Kings-Bench Marshalsey the High Constable must at
Where any man shall affront threaten or force any Minister to use any other Service or hinder him in doing the Service according to the Book of Common-prayer that is by sundry Acts established For the 1. offence shall pay 100. Marks for default of paying within six weeks after conviction imprisonment without Bayl. For the 2. offence 400. Marks non-payment in six weeks 12. months imprisonment without Bayl. For the 3. offence the loss of all his Goods and Chattels and Imprisonment during life By the 2 and 3 Edw. 6. the first offence is ten pound and for non-payment after conviction Imprisonment 3. months without Bayl. For the 2. offence 20. pound which if not paid in six weeks after Conviction imprisonment six months without bayl 3. Offence the loss of all his goods and chattels and impisonment during life A CONVENTICLE A Conventicle is described by the Cannon The definition of a Conventicle to be a meeting of Ministers or others to consult about any thing that shall tend to the depravation impeachment or abuse of the Doctrine of the Church of England or of the Book of Common-Prayer or of any part of the Discipline or Government of the Church and by the Cannon the punishment is Excommunication ipso facto Can. 73. Vide le Statue 35 Elizabeth 1. punishes all persons that obstinately do refuse to come to Church and perswade others to impugne the Queens authority in the Law Ecclesiastical and to avoid the inconveniencies of the dangerous practises of seditious schismatical and disloyal sectaries or meetings of people under colour or pretence of any exercise of Religion contrary to the Lawes and Statutes vide Lamberts Justice of Peace in title Commission of the Peace There he describers it to be a meeting under colour of exercise of Religion to oppose the Kings Authority in causes Ecclesiastical or against the Laws and Statutes of the Realm By this Statute the Constable is commanded to go where he hears their Meetings are and to carry them before the next Justice and after being thereof convicted is to be committed to Prison and there to remain without Bayl till he conform or come to some Church Chapel or Place of Common-Prayer to hear Divine Service according to the Laws and Statutes And being so convicted of this offence shall refuse to conform and come to Church and to make his submission within 3. months after being required by the Bishop of the Diocess Minister of the place or one Justice of the County where he lives then such person at the quarter Sessions or Assizes shall there take his Oath to abjure the Realme for ever unless Licensed by the King and his Council to retune And his Adjuration shall be certified by the Justices to the Judges of Goal-delivery and if he refuse to abjure or departing return without the Kings License shall suffer as a Fellon It is further explained by the said Statute that he that shall abjure or shall refuse so to abjure being required shall forfeit all his good and chattels for ever and lose all his Lands and Tenements for life and no longer but no loss of Dower or Corruption of blood to be in this case The Church-Wardens Duty BY the Statute 12 Hen. Their office by the commonlaw 7. in fine Church-wardens by the common Law of England are taken by way of favour to the Church to divers purposes and as it were for a Corporation being enabled to take Moneys Goods and Chattels and may Sue and be Sued for them to the use and profits of the Parish so that any man may in the time of his Life or by his last will give and bequeath moneys or other moveable goods either to the Church-wardens or to the Parishioners of a Parish for the separation of the Church or for the buying of Books Communion Cups or other Ornaments for the Church and the Law so favourably doth take it that it s not materially needful to express it in apt words or writing as for example if one give a Bell and hang it up in the Steeple or make a Pew in the Church and makes no word of writing thereof yet it is by this Dedicated and given to the Church Lib. intra fol. 570. 11 Hen. 4.12 8 Hen. 7.12 The Church-wardens may maintain an appeal of Robbery against him that steals any thing out of the Church being once in the possession thereof or an action of trespass as you may read 37 Hen. 6.30 and 34.11 Hen. 4.12 8 Edw. 4.16 and and if the Parson or Vicar shall take any of the Goods belonging to the Church the Church-wardens may bring their Action and recover dammage to the use of the Parish and if those Church-wardens dye before the Action be brought or the Goods for which they sue be recovered their suecessors may bring their Action And if any of the Church-wardens do waste the Goods of the Church the Parish may put out those and choose new and the new church-wardens may bring an action of Accompt against the old and compel them to make satisfaction to the parish for the wrong they have sustained during their office and although the custom of some parishes is to continue them some one year some two years some three years yet upon any default in them the parishioners may at any time when they please proceed to a new Election and call them to an account yet shall the former church-wardens have an allowance of all such summes of money as they have needfully expended upon the church or upon meet and lawful Ornaments and this they are compellable to do by the Laws Ecclesiastical and they shall have allowance of moneys upon their Accompts that they have paid for the relief of prisoners in the common Goal as you may see in the Statute 14 Eliz. cap. 5. and of any other thing the Law charges them to do but in Lands or the profits thereof they must not meddle at all as if the walls windows or doors of the Church be broken or trees in the church-yard be cut down or Grass eaten up but this belongs properly to the Parson or Vicar as you may see in the Statute 11 Hen. 3.13 12 Hen. 7.77 13 Hen. 7.9 All persons shall repair to their parish Church Coming to Church except they shall be hindred by sickness or any other lawful excuse or to some other place where the Common-Prayer is used upon Sundays or other days which are usually to be kept Holy and shall then and there sit orderly during the time of Common-Prayer and Preaching upon pain to be punished according to the Churches censure and upon the forfeiture of twelve pence for every person so offending to be by the Church-wardens levyed to the poors use of their Goods Lands and Tenements vid. 1 Eliz. cap. 2. The Constables and Church-wardens of all Parishes High-wayes shall every year on Tuesday Wednesday in Easter week call the Parishioners together choosing then two honest Surveyors of
the High-ways of the said Parish for the year ensuing which leads to any Market Town if they refuse the execution of the office they shall forfeit twenty shillings The Constables and Church-wardens shall then name six days for the amendment of the said ways before Midsummer next giving knowledge of the said six days the next Sunday after Easter and shall call the Constable to an account having one part of the Estreats indented Where any shall eat flesh Eating flesh either in Lent or any other days observed for Fish-days he forfeits three pound for every offence or shall suffer three months imprisonment and every person in whose house any offence shall be done being privy and having knowledge thereof not disclosing the same to an officer that hath power to punish shall forfeit for every offence fourty shillings the third part of all the forfeits shall be to the use of the poor of the Parish where the offence is committed after conviction to be levyed by the Church-wardens as you may read 5 Eliz. cap. 5. All Licences that are to be given by the Bishop of the Diocess Licence to eat flesh or by the Parson Vicar or Curate in case of sickness ought to be Registred if the sickness continue above 8. days after it is granted in the Church-Book with the privity of one of the Church-wardens there and the party that is Licenced shall give four pence for it vid. 5 Eliz. 5. the duties of Ministers before A Justice of Peace may appoint the Church-wardens Poor and 4 3 or 2 of the Parish to be overseers of the poor and they may by consent of the Major part of them take order for the setting married or unmaried persons on work that have no means or ordinary trade to live by and the Children of such Parents as shall be unable to maintain them and may set up any Trade or Mystery for that purpose and may Tax as well Inhabitants as Occupiers of Lands in the Parish to pay weekly such summs of moneys as they shall think meet for a stock for the releifof the impotent poor there for to put out Apprentices of such Children And they to whom they shall be put shall take receive and keep them as Apprentices and may do any thing concerning the premises as they shall think meet vid. 1 Jac. 51. 2 Jac. 28. 3 Car. 4. The Church-wardens and Overseers shall render an account before two Justices of Peace of their Money stock and other things concerning their Office and such Moneys as shall be remaining in their hands to the new ones that are chosen in their places upon the forfeiture of twenty shillings for every monthly default without cause to be shewn and allowed by two Justices The Church-wardens and Overseers are impowred by the said Stature by warrant under two Justices hands to levy all taxations by distresse and sale of their goods as shall be found in default rendring the overplus to the party and may with the License of the Lord of the Mannor erect convenient houses for the poor of their parish at their general charges and when the yearly Stock is assessed by the Justices at the quarter Sessions it shall be by the agreement of all the parish and in default by the Church-wardens and constables of the Parish or the Major part of them who may levy the same by distress and sale of the goods of such as refuse to pay their part rendering the overplus to the owners and the Church-wardens or Overseers must pay it to the high Constable within whose limit the Parish is scituate ten dayes before the end of every quarter Sessions such Moneys as the Parish ought to pay for the relief of the prison in the Marshalsey and Kings Bench upon the pain of ten shillings for every default of payment By the 43 Eliz. cap. 3. Souldiers moneys if the Parishioners agree not to the rate for the maintenance of disabled souldiers the Church-wardens and Constables of the Parish or the Major part of them may levy such rates by distress and sale of their Goods of any that refuse to pay rendring the overplus which must be collected and paid over to the High Constable within whose Hundred the Parish is and all such summs of Moneys as are collected ten days before every quarter Sessions of the peace upon the penalty of twenty shillings for every default The Statute of 1 Jac. cap. 9. says that if Constables and Church-wardens neglect their office in punishing Inn-keepers Victuallers and Ale-houses by the space of twenty days in certifying their defaults they shall forfeit twenty shillings to the poors use The Statute of 1 Jac. cap. 27. inhibits all persons to keep any Greyhound for the coursing of any Hair or Deer or any setting Dogs or Nets for the taking of any Phesants or Partridges the Church-wardens have power by this Act where the offence is committed to receive to the use of the poor of the Parish fourty shillings 3 Jac. cap. 4. enables the Church-wardens and Constables of all Towns and Parishes to present in the quarter Sessions or at the Assizes the monthly absence of Recusants from Church and they are to certifie the names of their children above nine years old and the names of their Servants upon the forfeiture of twenty shillings and if upon the Inditement they be convicted they shall have fourty shillings out of their goods and the Church-wardens may be Warrant from one Justice of Peace levie to the use of the poor the offendors Goods by distress or sale rendring the overplus and the forfeiture is 12. pence for every default in not coming to Church every Sunday according to the Statute 1 Eliza. ca. 2. By the Statute of 1 Eliz. cap. 2. Absence from Church the Church-wardens may levie to the use of the poor where the default is twelve pence by warrant from one Justice of Peace by sale of the Goods of the offendor rendring the overplus for not coming to Church every sabbath day The Statute of 3 Jac. cap. 10. says Offendors conveyed to prison that the Constable and Church-warden with two or three of the Parishioners may make a Tax where an offendor is committed to prison and hath not sufficient for his conduction thither The Statute of 21 J. 18. Clothing says the Clothier that makes any cloth that is not good and warrantable by that Statute forfeits five pound by a warrant from two Justices or more the Church-wardens and Overseers of the poor of the Parish where the default is committed may levie the penalty for every cloth deceitably made by distresse and sale of their Goods rendring the overplus the distribution is to the poor of the said Parish and where no distress is the offend or shall be committed to the Goal until payment be made to the Church-wardens and Overseers to the use abovesaid And they to be accomptable for those moneys as they are for other moneys which is by
Acts and all persons that shall use or occupie either in tillage or pasture any plough-land that lies in several parishes shall be chargeable to the ways in the parish where he inhabits as far forth as any person having a plough-land in any one parish and every person or persons that shall use any plough-lands in several Towns or Parishes shall find in each Town or Parish one Cart-wain Dung-pot or Dragg furnished for the amendment of the high-ways within the several parishes where 〈◊〉 and lyes in the same manner as if he were an inhabitant in the said Parish The 5 of Eliz. makes mention Scowling Ditches that every person or persons that repairs not or scowrs not his Ditches or Hedges adjoyning to the High-way or leading to any Fair or Market or cuts down or keeps under his Trees or Bushes growing next the High-ways shall forfeit or lose for every default ten shillings And all and every person or persons that shall use any lands next the High-way or leading to any Fayr or Market that scowr not the Ditches as oft as need shall require whereby the water may be conveyed from the High-way over the ground next adjoyning may pass over the ground next upon the forfeiture for every Rod next adjoyning not cleansed and scowred twelve pence If any person or persons that shall cast any soyl or make any dung in any High-way leading to any Fayr or Market-Town Banks in High-wayes letting it lye there by the space of six monthes to the annoyance of the way the Inhabitant shall forfeit every load there lyeing twelve pence And where any hath been cast into the Highway leading to a Fayre or Market Town so that there is a bank between the land Way and Ditch the Surveyours or Workmen appointed for the amendment of the High-ways are to make Sluces or other devices by their discretions to convey the water out of the said way into the Ditch any law right Interest Custome or usuage to the contrary notwithstanding The Surveyor Indesault of Surveyors Constables or Church-wardens may or Surveyors have power by this Statute to levy every sum or sums of money forfeited within the parish by distres in the same manner as Fines or Amercements in Court-Leets have been used and the money to be imployed upon the High-way that leads to any Fayr or Market-Town where the offence is committed if the Surveyors do not levy and imploy it within one year after the offence is committed that then the sums or forfeitures shall be levyed by the Constables or Church-wardens of the Parish where the work ought to be done in the High-ways and that then he or they that shall levie any such penalties or forfeitures shall make their account as the afore-mentioned Statutes recite The Statute 39 Eliz. 2. cap. 19. Iron-works enables the Surveyors within the Countie of Kent Sussex and Surry where the High-waies shall be most annoyed where the Justices have not assigned in what place or places of the High-waies there shall be carried Gravel Stone or Chaulk to appoint the Occupiers of the Ironwors to carrie the same upon the penaltie of fortieshillings and the Surveyors shall make demands of all the forfeitures of money to be paid in default of such Carriages and shall make a true presentment of all such defaults of payment at the next Quarter-Sessions of the Countie upon the same penalty of fourtie shillings Of the destruction of noysom Fowl and Vermin THe Statutes 18 Eliz. cap. 15. 14 Eliz. ca. 11. 39 Eliz. cap. 18. 24 Hen. 8. appoints distributors and gives them orders to pay those that shall destroy any noysom Fowl or Vermin in manner following Any person that shall bring to them any heads of old Crows Choughs Pyes or Rooks taken within their several Parishes Every three heads one pennie for the heads of everie six young Crows Pies or Rooks taken as a foresaid one pennie for every six Eggs of any of them one pennie for everie 12. Stares heads one pennie all which shall be kept in some sitting place and be brought forth once a month at least before the Church-wardens and Taxers or any three of them and then shall make an account to them in writing what money they have laid forth and paid for such heads and eggs and for the heads of ravenous birds and vermin as in the said Acts mentioned for every Merton Hawes Furse-kite Mold-kite Buzzard Cormerant or Ring-tail two pence for two eggs of them one pennie every Iron of Osprays-head four pence every Woodal Pie Jay Raven or Kite one pennie every Kings-fisher one pennie every Bulfinch or Bird that spoils the buds of Fruit one pennie every Fox or Grey 12. pence every Fitchew Polcat Weasel Stote Faire Badger Wildcat one pennie every Otter or Hedghog two pence every three Rats heads or Mice one pennie Every Molewarp or Want an half pennie the head of all the Birds or Vermine last mentioned the distribution shall pay and give to the bringer of them for everie head taken within their Parish and shall keep the same to be shewed forth upon their accompt as aforesaid all which said heads and eggs shall be forthwith after such accompt made in the presence of the said Church-wardens Taxers or of three of them burned cōsumed or cut in sunder And if upon accompt that there shall be any Monies in the hands of any of the distributors the same shall then be delivered over to such persons as shall be elected and chosen for the year ensuing by bill indented as aforesaid provided alwaies that this shall not extend to give any liberty license or authority to any person or persons whatsoever to use or exercise any menas or enquire for the destruction of Crows or Rooks Choughs or other Vermine aforesaid in any place or places to the destruction or disturbance of the building or breeding of any kind of Hawks Hernes Egrits Paupers Swans or Shovelers to the hurt and destruction of any Doves Dove-houses Deer or Warren or Conies nor to give or appoint any sum or sums of Money to be given paid or distributed to any person or persons of the Heads of any Buzzard Ringtail Herne Polcat Fitchew or Stote that shall or may be taken in any Warren or ground imployed for Conies or to the taking of any Stares in Dove-houses neither to the destruction or bringing of any Kite or Raven killed in any City or Town Corporate or within two miles of the same There are two Statutes made in the aid and assistance of Constables and Church-wardens one 7 Jac. cap. 5. the other 21 Jac. cap 5. the sum and effect of both which Statutes are as followeth The first declares that whereas there are many causeless and contentious sutes commenced against Justices of the Peace Mayors of Cities or Bayliffs of Corporate Twons Head-burrows Constables Collectors of Subsidies and Fifteens that have been molested or troubled for the execution o their Office by contentions and ill-disposed
persons to their discouragement in the execution or doing their offices it is enacted by the said 7 Jac. cap. 5. that if any Action Bill or Suite account on the case Trespass Battery or false Imprisonment shall be brought after fourty days next after the end of that Session of Parliament in any of his Majesties Courts at Westminster or elsewhere against any Justice of Peace Mayor Bayliff of any City or Town Corporate Head-burrow Constable Tything-man Collector of Subsidy or Fifteens for or concerning any matter or cause by them or any of them done by vertue of their or any of their office or offices that it shall be lawful to or for any such Justice of Peace Mayor Bayliff Constable or other Officer or Officers before named and all others that in in their aid and assistance or by their commandment shall do any thing touching or concerning his or their Office or Offices to plead the general issue that he or they are not guilty and to give such special matter in evidence to the Jury that shall try the same which special matter being pleaded had been a good and sufficient matter in Law to have discharged the said defendant or defendants of the trespass or the other matter laid to his or their charge and that if the verdit shall pass with the said defendant or defendants in any such actions or the Plaintiff or Plaintiffs become Nonsuite or suffer any discontinuance thereof that in every such case the Justice or Justices or other Judges before whom the said matter shall be tryed shall by force and vertue of this Act allow unto the defendant or defendants his or their double costs which he or they shall have sustained by reason of their wrongful vexation in defence of the said Action or Suite for which the defendant or defendants shall have like remedy as in other cases where costs by the Laws of this Realm are given to the defendants And this Act is to continue for seven years and from thence to the end of the next Parliament after the said Parliament The other Statute being 21 Jac. cap. 12. declares the afore recited Statute of 7 Jac. cap. 5. to be perpetual And that all Church-wardens and all persons called Swornmen executing the office of Church-wardens and all overseers of the Poor and all others which in their aide and assistance or by their commandment shall do any thing touching his or their Office or Offices shall hereafter be enabled to receive and have such benefit and help by vertue of the said Act to all intents and constructions and purposes as if they had been specially named therein And whereas notwithstanding by the said Statute the Plaintiff is at liberty to lay his account which he shall bring against any Justice of Peace or other Officer in any forrain County at his choice which hath proved very inconvenient unto sundry of the Officers and persons aforesaid that have been impleaded by some contentions troublesome persons in Counties far remote from their places of habitations It is enacted by this Statute that if any Action Bill Plaint or Suit upon the case Trespass Battery or false Imprisonment shal be brought after the end of this Session of Parliament against any Justice of Peace Mayor or Bayliff of City or Town Corporate Head-borrow Constable Tythingman Collector of Subsides or Fifteens Church-wardens and persons called Swornmen executing the Office of Church-wardens or Overseers of the Poor and their Deputies or any of them or any other which in their aid and assistance or by their commandment shall do any thing touching or concerning his or their Office or Offices for or concerning any matter cause or thing by them or any of them done by vertue or reason of their or any of their Office or Offices That the said Account Bill Plant or Suit shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere And that it shall be lawful to and for all and every person and persons aforesaid to plead there unto the general issue that he or they are not guilty and to give in such special matter in evidence to the Jury which shall try the same as in and by the said former Act is limited and declared And that if upon the tryal of any such Action Bill Plant or suit the Plantiff or Plantiffs therein shall not prove to the Jury which shall try the same that the Trespass Battery Imprisonment or other fact or cause of his her or their such accounts Bill Plant or Suit was or were had made committed or done within the County where such account bill plant or suit shall be laid That then in every such case the Jury which shall try the same shall find the defendant and defendants in every such Account Bill Plant or Suit not guilty without having any regard or respect to any evidence given by the Plaintiff or Plantiffs therein touching the Trespass Battery Imprisonment or other cause for which the same Account Bill Plant or Suit is or shall be brought And if the verdict shall pass with the defendant or defendants in any such Account Bill or Plaint or Suit or the Plantiff or Plantiffs therein become Non-suit or suffer any discontinuance thereof that in every such case the defendant or defendants shall have such double costs and all other advantages and remedies as in and by the said former Act is limited directed and provided