THE OFFICE AND DVTIE of Constables Church-wardens and other the Overseers of the Poore Together with the Office and Dutie of the Surveyours of the High-wayes Collected for the help and benefit of such as are ignorant and unskilfull in the discharge and execution of the said Offices CAMBRIDGE Printed by Roger Daniel and are to be sold by Francis Eaglesfield at the Marigold in Pauls Church-yard 1641. To the Reader FRiendly Reader the labour I have taken for thy behoof I may boldly say doth require a favourable acceptance for matters of as small moment as this have threatned on thee as great kindnesse and received for their pains friendly entreaty I have studied to be brief I hope without obscurity for sparing thy time the chiefest treasure And did I doubt that these my weak endeavours in the equall judgement of such as be indifferently affected would not be admitted as commodious rather then rejected as superfluous I had procured them a veil of greater brightnesse which might encrease the reputation of their perfections if any and shadow their wants and deformities It is true I am not ignorant how dangerous it is to put my self so farre forth into the Sea of common opinion and I cannot but see that by reason of the shelves and rocks of injurious conceits which are ready to be found on every hand I am like to passe no small adventure however for once I have ventured to commit my self to thy favourable censure who am Thine JOHN LAYER A brief direction touching the office and duty of Constables collected for the help of such as are unskilfull and ignorant in the discharge and execution of the said office COnstables are inferiour officers ordained for the conservation of the peace Constables defined and are of two sorts Constables of Hundreds and Franchises Two kinds of Constables called the chief or high Constables Constables of Villages and Parishes called the petty Constables The generall office and duty of the chief Constables consisteth in the maintenance of the peace Chief Constables their office in presenting to the Justices the defects of watches and defaults of the Kings high-wayes to collect and pay the moneys charged and raised in and upon the Countrey to distribute the precepts and warrants of the Magistrates to the petty Constables of villages and to have respect to the Arms within their hundred c. In ancient time these officers were appointed and sworn by the Sheriff of the shire in his Court called the Sheriff's Turn Where anciently and novv elected and svvorn But at this day they are usually elected and sworn at the generall Sessions of the peace of the most sufficient and discreet yeomen and sometime from thence referred to the choice and swearing of the Justices of their division Constables of Villages were devised for the ease and help of the Constables of Hundreds Petty Constab their use and office and have the same power within their parish as the chief Constable hath in his hundred Who they ought to be They are to be chosen of the abler sort of Parishioners and the office not to be put upon the meaner sort if it may be It is requisite also that they have these three properties honesty knowledge and ability First honesty to execute their office truly and indifferently without malice or affection Secondly knowledge to understād what they ought to do Thirdly abilitie as wel in estate as in body that they may intend and execute their office fully and substantially so as neither through impotency of body or indigency of estate he neglect the same The proper place to chuse and swear the petty Constables is the Leet Where elected and svvorn but in their default or for insufficiency of choice there made the common practice is that the Justices of peace in their division do cause the inhabitants where such default or insufficiency of choice is made to make better choice and to bring them before them to take their oath But others are of opinion that the remedy of the choice of mean Constables in the Leets ought rather to be reformed at the generall quarter Sessions who are not onely to make new choice but to punish the Steward of such Leet for making the insufficient choice The form of the oath of a Constable You shall swear well and truly to serve our Sovereigne Lord the King in the office of a Constable Oath you shall see and cause his Majesties peace to be well and duly kept and preserved to the utmost of your power you shall arrest all such persons as in your 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 endeavour upon complaint to you made to apprehend all Felons Barritours and Rioters or persons riotously assembled and if any such offenders shall make resistance with force you shall levy Huy and cry and shall pursue them untill they be taken You shall do your best endeavour that the watch in your town be duly kept and that Huy and cry be duly pursued according to the statutes And that the statute made for the punishing of rogues vagabonds night-walkers and such other idle and wandring persons coming within your liberties be duly put in execution you shall have a watchfull eye to such persons as shall maintein or keep any common house or place where any unlawfull games or plaies are or shall be used as also to such as shall frequent or use such places or shall exercise or use any unlawfull games or plaies there or else-where contrary to the statute and you shall have a care for the maintenance of archerie according to the statute At your Assises Sessions or Leet you shall present all and every the offenses committed or done contrary to the statutes made and provided for the restraint of the inordinate haunting and tipling in Taverns Innes Alehouses other Victualling-houses and for the repressing of drunkennesse and profane swearing you shall true presentment make of all bloud-shedding affraies outcries rescues and other offenses 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 the peace and others in authority in this County 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 shall continue in the said office So help you God c. This or the like oath may be administred to the Constable of the Hundred with this addition St. 5. Elis c. 4. that they keep their statute Sessions at such times and in such manner as is prescribed by the statute and that in all such rates and taxes where they have authority to charge their Hundred they do it justly and indifferently in each behalf I have exemplified this oath at large
artificer craftsman husbandman apprentice labourer servant at husbandry journeyman or serving-man doth play at the Tables Dice Cards Tennise Bowles Close Coyting Logatine or any other unlawfull games invented or to be invented out of Christmasse time or out of their Masters house or presence in the Christmasse time unlesse it be by licence of such masters as have a hundred pound by year or above and then also that playing to be within the precincts of such masters house garden or orchard such officer may commit every such offender to Ward till he be bound by obligation to the Kings use in such summe as to the discretion of such officer shall be thought reasonable that he shall not from thenceforth use such unlawfull games The Constables are likewise to have care for the maintenance of Archery Archerie according to the stature that every person not being lame or not having other impediment being within the age of threescore years except spirituall men Judges shall have and use along bow and arrows upon pain of six shillings eight pence for every default And that Butts be made and continued in every City and Town and that the inhabitants do exercise themselves with the long bow in shooting at the same and elsewhere upon pain for every three months so lacking Butts twenty shillings All Constables Disorders in Alehouses Church-wardens Headboroughs Tithing-men Alecunners and Sidemen shall in their severall oaths incident to their offices be charged to present the offences done contrary to the statutes made for the repressing of drunkennesse and other disorders in Innes and Alehouses Constables and other inferiour officers shall every of them once in every fifteen dayes search and enquire the defaults and disorders of Innes and Alehouses And by the Articles given in charge by the Justices of peace at their monthly meetings the chief and petty Constables are to give an account upon oath in writing of the number of Alehouses which are licenced and which are not and of those that be licenced which of them keep ill orders in their houses either by maintaining of play receiving of Tinkers Pedlers vagabonds or other suspected persons or by suffering of tipling drunkennesse c. or by selling by unlawfull measures or measures unsealed or lesse then one full ale-quart of their best ale or beere for a penny and two of their small And of Innekeepers that use their Innes as Alehouses by uttering their ale or beer out of doores or by suffering of drunkennesse tipling play or other disorder The Constable that shall not by warrant from the Justice levy the twenty shillings forfeited for keeping alehouse without licence Penalties of the Constables or for default of distresse by like warrant do not openly punish the offender by whipping him shall be imprisoned untill he do the same or pay the summe of forty shillings or if he shall not by like warrant levy the summe of five shillings upon the person convict of drunkennesse or set the party in the stocks six houres or shall not levy the summe of three shillings foure pence for unlawfull tipling or set the party in the stocks foure houres and of the Innekeepers and Alehousekeepers for their offence and permission of these disorders the summe of ten shillings for each of them or shall not levy the summe of twenty shillings for selling their beer or ale under the assize shall in every of the said cases forfeit the summe of ten shillings All Constables c. Constables shall attend the quarter Sessions are to be attendant aiding and assisting to the Justices of the peace for the execution of their Commission of the peace and of all such laws and statutes whereof they have power to hear and determine and to make presentment at their generall quarter Sessions of the peace and of all offences committed and done against any of them and of all bloud-sheddings affraies outcries rescues and other offences done and committed against the Kings peace within their severall limits or power to make fine The petty Constables of parishes Shall present offences at the Assises because their personall appearance at the generall Assises and gaol-delivery is not required shall in convenient time before every Assise bring their presentments and answer of the Articles of the said Justices of Assise fairly writ under their hands to some Justice of peace within that limit who shall take them sworn of the truth of the said presentments and subscribe his name to testifie so much And if any petty Constable be remisse herein the chief Constable who is to receive these presentments and to certifie them with his own at the said Assises shall do well to acquaint the Justices of that Division therewith before the said Assises that such petty Constable may recieve due punishment for his neglect upon pain of like punishment himself The Constables c. Shall execute the precepts of Justices of peace ought also to shew themselves obedient to the precepts of the Justices of the peace neither ought they to dispute whether their commandments be grounded upon sufficient authority or no for if a Justice of peace which is a Judge of record shall direct a warrant beyond his authoritie to a Constable or other officer yet such officer shall be held excused for executing the same although the Justice of peace himself may be blamed for it A warrant is sent by a Justice of peace to a Constable or other officer such officer must serve it himself and cannot by word or writing appoint another The Constable or other officer to whom such warrant is sent or delivered Serving of vvarrants ought with all convenient speed and secrecie to seek and find out the party and to execute the same requiring the party in the Kings name to go with him according to the warrant if the party refuse the Constable by virtue of his said warrant may arrest and carry him by force before the Justice and may require aid to assist him and if such party shall resist the Constable may imprison him in the stocks till the said party be willing to go If it be for surety of the peace or good behaviour such officer before he arrest the party ought first to acquaint him with the matter and withall to require and charge him in the Kings name to go with him before the Justice to find and put in sureties according to the warrant which if he refuse to do then ought such officer forthwith to arrest him and if his warrant expresse so much may convey him to the gaol without carrying him before the Justice and if the party shall make any resistance or seek to escape such officer may justifie the beating or hurting of him And such officer ought at the next quarter Sessions of the peace to present and deliver his said warrant and certifie his proceedings in this behalf A warrant is directed from a Justice of peace to bring one before him such officer
tallies or indentures ought to be made and sealed between the taker and the owner in the presence of the Constable and prisers by which satisfaction is to be made to the owner Commission for purveyance 28. Ed. 1. c. 2. Note that no Commission for purveyance of victuall shall indure above six months and it shall be written in the English tongue Cart-takers 28. H. 6. c. 2. No Purveyer c. of the Kings shall take any horse or cart without agreement with the owner and by the delivery of the Constable of the place where such takings shall be Labourers in harvest 5. Elis cap. 4. In the time of hay or corn-harvest the Constable of any Township upon request made and for the avoiding of losse of corn grain and hay may cause all such artificers and persons as be meet to labour in his discretion to serve by the day for the mowing reaping sheering getting or inning of corn or hay according to the skill and quality of the person and if any shall refuse so to do then may ought such officer under the pain of forty shillings to imprison such refuser in the stocks by the space of two dayes and one night 2. 3. Ph. Mar. cap. 8. 29. Elis cap. 5. Surveyers of high-vvayes The Constables Church-wardens of every parish ought yearly upon the tuesday or wednesday in Easter week to call together a number of the parishioners and to choose two honest men of their parish to be Surveyers of the work for amendment of the high wayes within their parish leading to any market town and then ought also to appoint six dayes for the amendment of those wayes before Midsummer then next following and ought also openly in the Church the next Sunday after Easter to give knowledge of the same six daies upon pain of sine making to be assessed by the Steward of the Leet or in default thereof by two Justices of peace in open Sessions as in their discretion shall be thought meet Tax for lame souldiers and prisoners 43. Elis c. 3. In default of the Parishioners themselves the Constable and Churchwardens of every Parish or the more part of them may assesse within their Parish the tax imposed upon the same by the Justices for the relief of maimed Souldiers and Mariners and for the Prisoners of the Kings Bench and Marshialsies and may also levy the same upon any parishioner by distresse and sale of his goods c. and shall pay the same over unto the High-Constable in whose Division such parish shall be situate ten daies before every quarter Sessions upon pain to forfeit for every default twenty shillings 14. Elis cap. 5. Tax for prisoners in the Gaol The money imposed upon each Parish for the relief of Prisoners in the common goal ought to be levied and paid by the Churchwardens upon the pain of five pound but the Constables do with us also pay the same Malt. The Constables also of every Borough or Town may search and survey all such Malt as shall be made or put to sale there and if they find any Barley-malt made at any time the months of June July and August onely excepted but that the same shall have the space of three weeks at the least in the fat floore steeping and sufficient drying thereof and in these three moneths the space of seventeen dayes at the least or if he find any person to put to sail any good malt mingled with malt not sufficiently made or with malt made with mow-burnt or spyred barley or that put to sail any malt not sufficiently well trodden rubbed and fanned whereby half a peck of dust or more may be fanned out of one quarter thereof then may such Constable with the advice of one Justice of peace of that Shire cause the same malt to be sold to such persons and at such reasonable prices under the common price of the market as to his discretion shall seem fit The Constables Lent 1. Jac. cap. 29. c. may yearly in time of Lent enter into the houses of victuallers and finding there any beef mutton veal or hogs flesh except flesh to be killed three dayes before Easter may seise the same as forfeit and may give it to prisoners or other poore folk at his discretion The Constable 1. Jac. cap. 31. Plague c. that shall wilfully make default in levying such money as they shall be commanded to levy by the warrant of two Justices of the peace upon the Statute for the relief of any Town infected with the plague shall forfeit for every such offence tenne shillings 3. Car. cap. 3. Unlicenced Alehouse The Constable refusing or neglecting upon command of one Justice of peace openly by himself or some other to whip an offender according to the Statute for keeping Ale-house without licence shall be imprisoned untill he do it or pay forty shillings for his contempt The Constables Stoned horse 32. H. 8. cap. 13.8 Elis cap. 8. c. or the three persons that shall be requested to be at the measuring of any stoned horse being above the age of two years and going in any common Marsh or Fenne-ground within this Countie of Cambridge or the Isle of Ely c. according to the Statute that shall refuse to do the same or do not truly measure such horses shall forfeit for every such offence fortie shillings And so shall that Constable within whose precincts and limits such Moores Commons Fennes and Marshes c. be not yearly at the feast of S. Michael the Archangle or within fifteen dayes after effectually driven 43. Elis cap. 7. Hedge-breakers The Constable must whip or cause to be whipped such hedge-breakers robbers of Orchards cutters of corn or wood c. as for that purpose are committed unto him by any justice of peace upon pain to be committed themselves to the common goal without bail untill it be done 3. Jac. cap. 4. Popish Recusants The Constables of Parishes and Villages shall once a yeare present the monethly absence from Church of all Popish Recusants c. upon the like penaltie as is before declared of the chief Constable and shall have the like reward c. The Ruler 5. Ed. 4.3 Acc sur le case B. 76. Constable Lodging of travellers or other Officer of any Town may compell any common Inne-holder or Ale-house-keeper to lodge such as travel The Constable Servants departing 5. Elis cap. 4. c. under his seal and two honest housholders shall make this testimoniall for a servant retained in husbandry or in any the Arts appointed by the Statute of labourers whose time of retainour being expired shall depart out of the Town or Parish where he last served to serve in another as followeth Memorandum That A. B. late servant of C. D. in the Countie of C. Husbandman or Taylor c.
upon pain to forfeit to the owner of the soil wherein such pit is made 5 marks to be recovered by action of debt 5. Elis cap. 13. Turn a water course It is lawfull for every such supervisor in the parish where he is supervisour to turn any water-course or spring of water being in any high-way and offensive to the same into any ditch of the severall ground or soil of any person next adjoyning to the said wayes in such māner as in the discretion of the said supervisours shall be thought meet The hayes 18. Elis cap. 10. fences ditches and hedges next adjoyning on either side to any high or common-faring way shall from time to time be diked scoured Ditches to be scoured and hedges and Trees kept low repaired and kept low 18. Elis cap. 10. and all trees and bushes growing in the high-wayes cut down by the owner of the ground or soil which shall be inclosed with the said hayes fences ditches or hedges whereby the said wayes may be open and the people have more ready and easie passage in the same upon pain to forfeit for every default ten shillings High-wayes inlarged 13. Ed. cap. 1. And by the Statute of Winchester it was inacted that the high-wayes leading from one market town to another be inlarged whereas bushes woods or ditches be so that there be neither ditch nor bush whereby a man may lurk to do hurt within two hundred foot on each side of the high-way If by default of the Lord that will not avoid the ditch underwood or bushes in the manner aforesaid any robbery be done therein the Lord shall be answerable for the felony and if murder be done the Lord shall make a fine at the Kings pleasure If the Lord be not able to fell the underwoods the Countie shall aid him therein 15. Elis cap. 10. Ditching and scouring Every person that shall occupy any lands adjoyning to any such high-way or common faring-way where any ditching or scouring should or ought to be as aforesaid shall from time to time as need shall require ditch and scoure his ground so adjoyning whereby the water conveyed from the said high-wayes and over the ground next adjoyning may have passage over the said ground so next adjoyning to that ground upon pain of forfeiture for every time so offending for every rod not so ditched and scoured twelve pence No soil to be cast in the high-wayes No person having any ground by lease or otherwise adjoyning to any high-way leading to any market town shall cast or scour any ditch and lay the soil thereof in the high-way and suffer it to lie by the space of six moneths to the annoyance of the said high-way upon pain to forfeit for every load of soil so cast into the high-way twelve pence And where any soil hath been cast into the high-way that there is a bank between the said high-way and the ditch the surveyers and workmen may make sluces or other devices 18. Elis cap. 10. by their discretions to convey the water out of the said way into the ditch 5. Elis cap. 13. Supervisours to present Every surveyer as aforesaid for the time being within one moneth next any default or offence committed or done by any person contrary to the provision and true meaning of the Statutes 2. 3. Ph. Mar. 5. Elis shall present every such default or offence to the next Justice of peace upon pain to forfeit for every such offence in such sort not by them presented fourtie shillings 5. Elis cap. 13. Justices to certifie And every Justice of peace not certifying such default presented unto him at the next generall Sessions c. shall forfeit five pound And every Justice of peace upon his own proper knowledge in the open generall Sessions Justices may present may make presentment of any high-way not well and sufficiently repaired or of any other default or offence committed or done as aforesaid contrary to the intent of the Statute Who may heare and determine 2. 3. Ph. Mar. cap. 8. And the Justices of every Countie where the said defaults or offences shall be committed have authoritie to inquire thereof within the limits of their commission at every their said quarter Sessions 5. Elis cap. 13. and to assesse such fines for the same as they or two of them whereof one to be of the quorum shall think meet Justices of Assise Justices of Assise Justices of peace 18. Elis cap. 10. and of oyer and terminer Justices of peace in their Sessions and Stewards of Leets and Law-dayes in their Leets and Law-dayes shall heare and determine all offences concerning this Statute Stewards of Leets c. Steward of Leets and in their default the Justices of peace of every place and countie in their quarter Sessions may enquire against every point and article of this Statute and may assesse such reasonable fines and amercements for the same as shall be by them thought meet And the said Steward or Clerk of the peace respectively shall make estreats indented of all the fines and forfeitures c. Estreats of the fines and shall deliver one part thereof sealed and signed to the Bayliff or High-constable of the hundred c. within six weeks after Michael masse 18. Elis cap. 10.5 Elis c. 13. whereby they or the Surveyers of the high-wayes they being directed to them may levie the same by distresse and sale c. If no sufficient distresse can be found or if the said offender shall obstinately refuse to pay the said amercement Refusing to pay 2. 3. Phil Mar. cap. 8. 5. Elis cap. 13. or do not pay the same within twentie dayes after a lawfull demand thereof by the said officers then that person to forfeit double the summe that he should before have paid Every Bailiff Account and pay head-Constable c. shall once every yeare betwixt the first of March and the last of April make a true account and payment of all such summes of money to the Constables and Churchwardens of every parish wherein the offence was committed or to two of them as is collected upon the said estreats upon pain to forfeit for every offence forty shillings The Churchwardens c. may call the Bailiffs High-Constables to account before the Justices of peace or two of them who shall take the said account and may commit them to prison without bail untill they pay all such arrerages as shall be adjudged by the said Justices The said Bailiffs and High-constables upon their accounts shall be allowed for every pound they shall collect and pay eight pence for their own pains The successours of every Churchwarden shall have the like remedy against their successours as is before appointed against the Bailiffs c. All fines 5. Elis cap. 13. amercements and forfeitures Fines and forfeitures how they
because therein as well the Constables of Hundreds as of Villages may briefly see discern the chief particulars of their office The duty as well of the chief Constables of hundreds as of the petty Constables of villages and parishes consisteth chiefly in matters concerning the peace Division of their office either by their own authority or under the authority of others The conservation and maintenance of the peace standeth in these three things Their office concerning the peace First in foreseeing that nothing be done that tendeth either directly or by means to the breach of the peace Secondly in quieting or pacifying those that are occupied in the breach of the peace Thirdly in punishing such as have already broke the peace The endeavour of all these belongeth to the Constables but the first and last more esspecially apperteineth to the Justice of the peace By the breach of the peace is understood What is the breach of the peace not onely that actuall fighting affray and battery but also every murder manslaughter rape robbery and other felony whatsoever and by some opinions every assaulting or putting in fear of the Kings people whether it be by unlawfull wearing of armour or by assembling of people to do any unlawfull act whatsoever And for the better preventing that nothing be done against the peace any of these officers may take and arrest all suspected persons as well strangers as others which walk in the night and sleep in the day or which do haunt any house suspected of bawdry or shall in the night use other suspicious company or shall do or commit any outrage or other misdemeanour and they may carry them before a Justice of the peace to find surety of their good behaviour And if any such officer be not of sufficient strength to do it alone he may require meet aid of his neighbours thereto and they in such case are punishable for neglecting to assist him Night-vvatches They shall also appoint night-watches from the feast of Ascension untill Michaelmas yearly by two or more watchmen according to the number of the inhabitants of the town all the night from sunne setting to sunne rising for the arresting of all such persons as do walk abroad in the night season as well strangers as others These officers ought not onely to see these watches duly set and kept Huy and cry but ought also to raise huy and cry after such as shall disturb and refuse to obey the arrest of the watchmen and that the persons appointed for this service be men of discretion able bodies and sufficiently armed These watchmen shall be appointed by the Constable by course or turn Watchmen hovv appointed and not at the Constables discretion Refusers to vvatch And if any one so appointed shall refuse to watch the Constable ex officio by some opinions may set such person in the stocks for such his contempt but the safest way as I conceive is to charge the next in turn and forthwith to convent the party before the next Justice of peace by him to be bound over to the next generall Sessions of the peace there to be indited for his offence The watchmen thus appointed may have these or the like instructions or directions given them To keep the peace amongst themselves Watchmans charge to continue their watch diligently untill the Sunne-rising without noise and disturbance of the inhabitants that they abide and frequent the common passages but so as they have regard also to all other places that they examine all such persons as they shall see stirring or shall passe by them what they be whence they come whether they go and the reason of their late travel or being abroad and if cause of suspicion be found in them to stay them if they obey not but resist to constrain them by force and to beat them for resisting the peace of the Realm if they bee too strong or fly them to levy huy and cry for the apprehending of them and to set them in the stocks untill the morning and then to have them before some Justice of peace to be dealt withall according to justice to resort such places where they behold any candle or fire-light to know the cause or where they heare any noise of people especially in Taverns Innes and Alehouses and finding any thereto admonish them to depart and refusing to compell them as aforesaid And if any unknown person horse-man or footman shall passe by them or that shall drive any cattel horse or the like or that shall carry any burthen on horse back cart or otherwise to stay them till the morning to justifie themselves unlesse they can render good account both of themselves their company and carriage and if any post come by them to know what number they have lest offenders also passe under that pretence And the Constables are also to be aiding and assisting to these watchmen upon all occasion Constables must aid the vvatch And the Constables of hundreds and of towns ought to present to the Justices the defaults of watches and of high-wayes Defaults of vvatches and of such as lodge strangers for whom they will not answer If any person whatsoever except the Kings servants and ministers Offensive armes in his presence or in executing his precepts or such as shall assist them or except it be upon pursuit of huy and cry appeasing of riots or the like or in going to or from the musters shall ride or go armed offensively or in terrorē populi by night or by day in fairs markets or any other place the Constables may take and seise such armour from him and may apprise and sell the same for the Kings use and may also carry him before a Justice of peace who may bind such party to the peace or good behaviour and for want of sureties may commit him to the gaol And all officers that have been remisse or negligent in the execution of this statute shall be punished according to the discretion of the Justices of Assise If any great assemblies or rumour of people be made in manner of insurrection Insurrections riots c. then the Sheriff Constables c. having knowledge thereof ought to attend the Sheriff and the Justices and to go with the strength of the County and to oppose themselves against it and also to take arrest and imprison the offenders and so ought they to do upon riot rout or unlawfull assembly or against any forcible entrie or deteiner If any man threaten to kill or wound another in the hearing of a Constable One threatned and he who is so threatned do pray such Constable to arrest the other to find surety of the peace then may and ought the said Constable to arrest him to go and find surety before a Justice of peace and if he refuse to go or flyeth the Constable may imprison him in the stocks till he have sufficient aid to convey him
whether they sell their beere and ale according to the assize that is to say lawful measures sealed and allowed and not lesse then a full ale-quart of the best beere or ale for a penny and of the small two full ale quarts for a penny what haunters of Taverns Innes and Ale-houses are there within your liberties and what are their names c. Which of those Innes entertain people to sit tipling and drinking as Ale-houses who have been drunk or have sitten tipling in any one of them since the last monthly meeting and in what Tavern Inne or Ale-house hath the same happened and which of them hath kept ill orders by maintaining of play receiving of Tinkers Pedlers vagabonds or other suspected persons You shall inquire and certifie whether your Bakers and Brewers do keep the assize according to the Statutes 5 Bakers and Brevvers Bakers after the now prises viz. Wheat being forty shillings the quarter the weight of the penny white loaf drawn from the fine cocket eight ounces foure penny weight the weight of the penny white loaf drawn from the course cocket twelve ounces three quarters the weight of the penny houshold loaf according to the course cocket sixteen ounces And whether every Baker hath his own proper mark set upon his bread and doth sell no more then thirteen penny loafs to the dozen Whether common brewers do serve their beer and ale to any ale-house keepers victuallers or tiplers but at such prices as by the Justices of the peace shall be set down and appointed according to the Statute And whether the same be well sodden and brewed and of wholesome grain and with wholesome hops whether they sell any beer or ale to any unlicenced alehousekeepers or tiplers Forestallers Ingrossers Regraters what forestallers ingrossers and regraters of corn or other dead victuall or fuell what tradesmen or other that sell any kind of commodities by false and unlawfull weights or measures False vveights and measures or things made in deceit what victuallers or others are there which sell their victuall at excessive prices or things unwholesome and whether your millers do take excessive toll for grinding Millers or by heaped measure or use other falsehood You shall inquire and certifie what Bridges 6 Highwayes Bridges c. Causies and Highwayes are in decay within your limits and through whose default the same hath happened and whether your wayes are so repaired that they be sufficient for winter You shall present the names of all such persons as do not duly resort to divine service and sermon every Sunday according to the statutes 7 Absence from Church and certifie whether the twelve pence forfeited for absence be required and received and duly imployed upon the poore and of whom it hath been levyed and of whom neglected Profane svvearers and what profane swearers or cursers are in your parish You shall inquire and certifie what stocks of money are provided in every parish for the setting the poore on work 8 Stocks of money to set the poore on vvork and whether the same be sufficient to set all such on work as are of able bodies and want means to set themselves on work and how and by what means are they set on work and what are the names of all those that are so set on work and what and how much work have each of them had or hath wrought since the last meeting and what or how much do you give them for their work by the day or otherwise and who have refused to work or working have spoiled impaired or abused the same and whether they be so provided for that they be not suffered to straggle and beg within their own parish or elsewhere and whether your weekly or monthly taxation for the impotent poore be sufficient in every parish to relieve them Relieving of the impotent and what be the names of all those that have contribution since the last meeting what summe or summes of money hath been given to each of them and what poore peoples children are fit to be bound out apprentices Apprentices and who are fit to take them and what apprentices have been formerly put forth and have not been received and in whose default the same is or being received have misused them or have not sealed their indentures You shall inquire and certisie what private gifts have been given in every parish for the relief of the poore or other charitable uses 9 Private gifts and whether is the same continued and imployed according to the will of the donour if not how long hath the same been discontinued or misimployed and by whom and whether such gifts be any occasion of lessening the rates of the parish The first six of these articles properly are to be answered unto by the Constables the three latter by the Churchwardens and Overseers for the poore The Constables of every town Constables rates and the greater part of the parishioners upon notice given may assemble and make rates and may tax every inhabitant by their lands or goods in some cases for all manner of town or countrey-charges and if the greater part of the parishioners will not meet then the Constable alone and so many of the parish as will meet may make such rates and if any shall refuse to pay the rates so made and allowed by the Justices of that Division under their hands the party refusing by the Justices shall be bound over to the next generall Sessions of the peace there to be ordered and is not to be presented for his default to the said Sessions by the officers before the said Justices of the peace have heard the parties allegations Hovv raised Constables rates in countrey towns and villages are usually raised by land yet where the Statutes in particular cases give no speciall direction it is good discretion to go according to the rule of taxations for the poore What estates and persons are liable to them All estates and conditions as well Spirituall as Temporall are by some thought to be lyable to these taxations but then they distinguish them in this manner 43. Elis cap. 3.14 Elis cap. 5.1 Jac. cap. 25. The Constables rate say they consisteth of sundry particulars that is to say of quarterly payments for the relief of lame souldiers marshalsies and prisoners of the gaol All Ecclesiasticall persons are included in the generall vvords of the statutes person or persons the conveying of cripples wandering people and the like all which are acts of charitie expences in martiall affairs musters training and levying of souldiers and such like to which all persons whatsoever are chargeable by the law or the State without exemption 9. Hen. 3 cap. 21. 3. Ed. 1. cap. 1. 9. Ed. 2. cap. 11. 14. Ed. 3 cap. 1. 18. Ed. 3 cap. 4. 1. Ric. 2. cap. 3. but if the Constables will insert into their rates as some usually have done
or in the hands of the poore to work and of all other things concerning their said office And such summe or summes of money as shall be in their hands they shall pay deliver over to the Churchwardens and Overseers newly nominated and appointed upon pain that every one of them absenting themselves without lawfull cause as aforesaid from such monethly meeting for the purpose aforesaid or being otherwise negligent in their office or in the execution of the orders aforesaid Forfeiture being made by and with the consent of the said Justices of peace or any two of them to forfeit for every such default of absence or negligence twenty shillings These officers at the end of their year shall yield an account unto the Justices 1. Of all summes of money by them recieved or rated and not received 2. Of all such stock of ware and stuff as they or any of the poore have in their hands to work and how oft they have returned the same 3. Whether they have assessed the inhabitants and occupiers of lands c. in their parish to wit all such as are of abilitie and with indifferencie 4. Whether they have endeavoured to levy and gather such assessements 5. Whether they have distributed the same with indifferency and without partiality 6. What poore they have set on work and in what manner and whom they have relieved by contribution 7. What apprentices they have put out according to the Statute and whether all those that have been put forth do remain and abide with their masters if not in whose default the same is 8. Whether they have suffered their poore to wander and beg either within their own parish or elsewhere 9. Whether they have monethly met together to consider of these things according to the Statute 10. Whether they have duly executed the precepts of the Justices and levied the severall forfeitures appointed by the Statute c. And if they be found remisse and negligent in any of the premises c. they shall forfeit twenty shillings for every default And if the Churchwardens and other the Overseers of the poore or any of them Refuse to account shall refuse to make and yield up a true and perfect account to the said Justices the said Justices may commit them to the common gaol untill they shall willingly do the same Or having accounted Refuse to pay shall refuse or neglect to pay the same the said Justices by their warrant may cause the same to be levyed upon their goods by distresse and sale thereof and in defect of such distresse may commit him or them to the common gaol there to remain without bail or mainprise untill payment be made of the said summe arrerages and stock c. Build houses and place inmates 43. Elis cap. 2. These officers or the greater part of them by leave of the Lord or Lords of the Mannor whereof any wast or common within their parish is or shall be parcell and upon agreement before with him or them made in writing under the hand and seal of the said Lord or Lords or otherwise according to an order to be set down by the Justices of the peace of the said County at their generall quarter-quarter-sessions by like leave and agreement of the said Lord or Lords in writing under his or their hands and seals may erect build and set up in fit and convenient places of habitation in such wast and common at the generall charge of the Parish or otherwise of the Hundred or County to be taxed rated and gathered as aforesaid convenient houses of dwelling for the said impotent poore and also to place Inmates or more families then one in one house or cottage which cottage and place for Inmates shall not at any time after be used or imployed to or for any other habitation but onely for the impotent and poore of the same parish that shall be placed from time to time by the Church-wardens and Overseers of the poore of the same parish or the most part of them upon the pains and forfeitures contained in the statute made in the one and thirtieth yeare of Queen Elisabeth CHurch wardens of parishes be taken in favour of the Church to be for some purposes a manner of corporation at the common Law Office of Church-wardens by the common law that is to say persons inabled by that name to take moveable goods or chattels of the Church and to sue and be sued at the law concerning such goods for the use and profit of their parish They may not wast the Church goods and therefore they cannot give away release or wast the goods of the Church but are liable to be removed to be brought to an account for the same for as touching any estate in lands They have not to do with lands or the profit of any lands Churchwardens have not to meddle at all insomuch that if the walls windows or doores of the Church be broken or the trees in the Church-yard be cut down or the grasse therof be eaten up then the Parson or Vicar and not the Church-wardens shall have the action for it because Churchwardens are not by law allowed to be a corporation for any other thing then for moveable goods onely Lastly some statutes there are that do concern them as namely of the 1. of Elis c. 2. Repair to the Church the 3. of K. Ja. c. 4. for absence from Church and the levying of the 12. pence forfeited by distresse and sale to the use of the poore of the parish Of the 2. High-vvayes and 3. of Phil. Mar. c. 8. and the 5. of Elis c. 13. for the chusing of Surveyers of the High-wayes on pain of twenty shillings See more hereof in the office of Surveyers Of the 5. of Elis c. 5. for eating flesh in lent Flesh in Lent and levying the third part of the forfeitures after conviction and to take notice of licence granted by the Minister to eat flesh Of the 43. Overseers for the poore of Elis c. 2. of being Overseers for the poore See the office of Overseers for the poore The 43. Money for prisoners and souldiers of Elis c. 3. for the raising and paying of money for the relief of lame souldiers and prisoners of the Marshalsies and gaol of the County and the penalty of twenty shillings for their default The 1. Jac. c. 9. c. Tipling in Alehouses c. of the forfeiture of forty shillings for omitting their duty in levying the penalties of Inne-keepers and Alehouse-keepers suffering tipling or other disorder 3. Car. cap. 3. or selling ale or beere under the assise c. or neglecting by twenty dayes to certifie the default of distresse in offenders against this Act. The 5. of Elis c. 4. Testimoni all of a servant touching the testimoniall of a servant Of the 35. of Elis c. 1. Refusers to come to Church of giving notice
as aforesaid But if he yield to go it is requisite that he take the party threatned with him to the Justice If a Constable shall see any man going about to break the peace Pacifying the breach of the peace as by using hot words by which an affray is like to grow he may and ought in the Kings name to command them to depart and surcease upon pain of imprisonment and if they will not depart but shall draw weapon or give any blow then ought he to do his best endeavour to depart them And he may for that purpose both use his own weapon and may also command others to assist him And if thereby such officer or any other person coming to assist him do take any hurt he shall have good remedy by action against him that hurt him but if any of them that made the affray be hurt by such officer or by any of his company then such person so hurt shall have no remedy for it If the affray be great and dangerous then may he in the Kings name make Proclamation Make Proclamation that the affrayers shall keep the Kings peace and depart And if they will not depart but make resistance he may commit them for a time to the stocks till their heat be over or that he may carry them before a Justice of the peace to find suretie especially if any person have received hurt in the affray If the affray be in a house Pursuit of affrayers and the doores shut the Constable may break into the house to see the peace kept though none of the parties have taken any hurt or if he that maketh the affray fly into any house the Constable in fresh suit may break into the house and apprehend the affrayers or if he fly into another Countie the Constable in fresh suit may pursue them and cause them to be taken there but he can meddle no further with them but as a private person may do that is to carry them before a Justice of peace of the Countie where they are taken to cause them to find suretie for the peace But if the affrayers fly into a franchise within the same Countie the Constable may in fresh suit pursue and take them out of the franchise The Constable after an affray The affray ended and not present at the same cannot without a warrant arrest the affrayers except some person have received some hurt If the Constable that shall be present at an affray Punished for not assisting doth not his best indeavour to part the affrayers or being requested to assist in the pacifying of an affray done out of his presence doth not go forthwith in both these cases he shall be deeply fined If any shall assault a Constable in the execution of his office Assault a Constable he may not onely lawfully defend himself but may also arrest the offenders and carry them before a Justice of peace c. Every private man being present before Private man or in and during the time of an affray may and ought to stay and part the affrayers or any that shall come to their assistance but may not hurt or imprison them unlesse some person be dangerously hurt in the affray Note that it is properly no affray Affray what unlesse there be some weapon drawn or some stroke given or offered to be given or other attempt to such purpose for if men contend onely in hot words this is no affray neither may the Constable for words onely lay hands upon them unlesse they shall threaten also to kill beat hurt or wound another If one assault a man in or nigh the high-way to rob him and he be taken by the true man or by any other Assault and be brought to the Constable then ought such a Constable not onely to take him to his ward but also to carry him before a Justice of peace to cause him to find suretie for the good behaviour So if any man do suspect another of murther or felony Arrest and do declare the same to the Constable of the place then may the Constable arrest such suspected person and carry him with his accuser to some Justice of the peace c. A felony being newly committed Search the Constable within his limits may search for the felon or the goods stollen for it is a chief part of their office to suppresse felons for if there be but a common fame that A. B. hath done a felony it is cause sufficient for the Constable that shall thereof suspect him to arrest him for it If any man shall fly for felony Seise the goods of a felon it is the office of the Constable of the town to seise on his goods and to keep them safely for the town is to answer for the losse and impairing of them and therefore it is fit that he do it by Indenture taken in the presence and under the testy of the honest inhabitants In like manner upon the apprehension of any person for felony the Kings officers may seise on all the goods and chattels of the offenders but shall preserve them dispending onely so much of them as is fit for the necessary sustentation of the owner imprisoned without wasting or disposing of them untill the party be convicted for then and not before the property of them is in the Crown Observe that in all cases Conveying of prisoners where this officer hath arrested or hath committed to his ward an offender that ought to be conveyed to the goal such officer is not bound instantly to carry him thither but may for a reasonable time safely detain him in the stocks or elsewhere untill convenient provision of strength may be made to convey him safely The gaoler of the Prison to which such an offender is sent must receive him freely without taking any thing of the bringer And every person that shall be so sent having means and abilitie shall bear his own charges Charges of conveying Prisoners to be levied of his goods and chattels by the Constable by warrant from a Justice of the peace and not having any goods c. then to be born by the Parish where such a fellon is apprehended by an indifferent assessement to be made by the Constables and Church-wardens and two or more of the honest inhabitants there by allowance of one Justice of peace The Constable having received a huy and cry for any felony Huy and Cry murder robbery c. ought with all possible speed to make diligent pursuit after the offenders both by horsemen and footmen from town to town and from County to County which way it is directed and to make diligent search and enquiry for such within his own limits for otherwise it is no lawfull pursuit And the Constable for his particular neglect herein shall be fined and the whole hundred where the robbery was done shall answer for the robbery and the damages if none of the
felons be taken or known within forty daies after the robbery committed And the inhabitants of any other hundred wherein negligence or defect of pursuite and fresh suite shall happen shall answer and satisfie the one moity to the hundred so damnified And when huy and cry is first levied it ought to be sent to every town round about East West North and South and they shall do well to expresse in writing to the pursuers the quality of the thing stollen with the colour and marks and also to describe the number of the felons their horse apparel c. If a man be slain within the limits and bounds of any town in the day time and the murderer escape the whole town shall be amerced for the escape Upon any felony committed all men generally shall be ready at the commandment of the Sheriff All men must pursue felons c. and at the cry of the Countrey to pursue and arrest felons upon pain to be grievously fined And every man is a sufficient Bayliff or Officer to apprehend him that is pursued by huy and cry and if he be taken with the thing supposed to be stollen though he neither be of evil fame nor a stranger yet every man may commit as well such suspected person as also such goods to the Constable of the town where they be apprehended to answer the King according to the Law Note that these officers may break open any mans house to apprehend a felon Break into a house for felons or any person vehemently suspected of felony being in the said house and so may they do in any other case where the King is a party As watches in the night Ward so warding by the day shall be appointed in every town and village for the apprehending of rogues and vagabonds and for safety and good order And for that purpose that there be able persons appointed and sufficiently weaponed to assist the Constables of every town to attach such vagabonds c. And if any township shall not observe this order for the attaching and punishing of the said vagabonds then the Justices to set due punishment by fine upon the whole township or upon such party in the town as shall be found in default Note that every person whatsoever Rogues and Vagrants above the age of seven years that under any pretence or colour whatsoever shall wander and beg out of their own parish whether with passe or certificate or without and every one that carrieth any manner of passe or other certificate for that purpose without a guide shall be apprehended punished and conveyed as a rogue for the law alloweth no person whatsoever to wander and beg nor any to make passes to that end wherefore all pasports and certificates to ask relief in any kind are either false and counterfeit or otherwise contrary to the Law and the bearers of such passes are to be punished and conveyed as aforesaid and their false passes taken from them or else to be caried before the next Justice of peace to be sent to the gaol or to be strictly examined touching the makers of such passes to the end they may be found out and punished These persons hereafter named shall be deemed and punished as rogues viz. all persons wandring and misordering themselves all persons which cannot render a lawfull account of their travel all Irish people wandring and begging under any pretence whatsoever all persons calling themselves scholars going about begging all sea-faring men pretending losse of their ships or goods going about begging all idle persons going either about begging or feigning themselves to have knowledge in Physiognomy Palmestry or other like crafty science or pretending that they can tell destinies fortunes or such other phantasticall imaginations all persons calling themselvs Proctours Procurers Patent-gatherers or collectours of gaols prisons or hospitals all Fencers Bearwards common Players of interludes and Minstrels wandring abroad being not lawfully authorised all Juglers Tinkers Pedlers petty Chapmen and Glassemen wandring abroad all wandring persons and common labourers being of able bodies using loytering and refusing to work for such reasonable wages as is taxed or commonly given there where such persons do inhabit having not living otherwise to maintain themselves all persons delivered out of goals that beg for their fees or otherwise do travel begging all persons that shall wander abroad begging pretending losse by fire or otherwise and all persons not being felons wandring and pretending themselves to be Egyptians all persons wandring in that habite form or attire of Counterfeit Egyptians Souldiers and Mariners which have been pressed for their Countrey 's service Souldiers and Mariners and shall return from beyond the Seas disabled or otherwise and shall bring with them a lawfull discharge under the hand and seal of the generall of the Army or Captain of the ship under whom they served signifying their service and cause of return are by the next Justice of the peace to the place of their landing to have a passe or landing-brief made them wherein they are to be allowed a competent time to travell the next straight way to the place where they were born or from whence they were impressed there to be provided for according to the statute And in this their travel they are to repair to the Treasurers of every town and County through which they passe who is to allow them sufficient means to convey them to the next Treasurer untill they arrive at the place limited And if any souldier or mariner other then such as have suffered shipwrack whether he have a passe or no shall in his travel as aforesaid beg or demand relief of any person whatsoever officer or other the Treasurers excepted he is to be punished as a rogue unlesse through sicknesse or other apparant infirmity he be disabled to travel with his aforesaid allowance betwixt one Treasurer and another and in these cases to be releived onely by the Constable And if such a souldier or mariner shall depart from his colours or Captain without a lawfull discharge or shall counterfeit such testimoniall or shall carry any such knowing it to be false and counterfeit or shall wilfully exceed such testimonial fourteen dayes or shall not settle himself in some lawfull calling but live idly it is felony of death in all these cases and the Const knowing or suspecting the same ought to apprehend the offender c. And every Const may examine all souldiers mariners hereof as also of their return from the warres c. Persons allowed by two Justices of peace to travel to the Bath or Buxton for cure of their grief Persons travelling to the Bath and persons permitted by one Justice of the peace to seek harvest work are to be provided of sufficient maintenance in their said travel are not to beg upon pain to be punished as rogues The Constable being assisted by the advise of the Minister and one other of the parish Punishing of
shall carry the party before that Justice but if it be to bring one before himself or some other Justice c. then may such officer give liberty to the party to go to what Justice he liketh howbeit it is in the power of the officer to carry his prisoner to what Justice he pleaseth The officer ought to acquaint the cōplainant with the time when he carrieth the delinquent before the Justice and is in no wise to send his warrant but must be present himself neither need such officer dance attendance after his prisoner untill he can find out sureties but he may lawfully keep him untill he can get suretie The Constable upon a warrant for the peace or good behaviour or in any other case where the King is party may by force of such warrant break open a mans house to arrest the offender But note that the officer before he break open the house or doores must first signifie the cause of his coming and desire that the doors may be opened to him Every man that shall be required ought to assist the officer in the execution of his warrants and to pursue and arrest offēders against the peace A Constable hath a warrant to arrest J. C. and he arresteth W. C. who in deed he knoweth to be the offender and he against whom in very truth the complaint was made howsoever mistaken yet the arrest is tortious and the officer subject to an action of false imprisonment for the officer ought to pursue the very letter of his warrant A Constable c. hath a warrant to bring one before a Justice upon the complaint of another and the parties do after agree the matter betwixt themselves yet ought the Constable to bring the said parties before the Justice for c. An officer having served a warrant upon one to go before a Justice taketh his promise that he will come to him such a time to go before the Justice according to such warrant and so letteth the party go who faileth at the time appointed it seemeth the officer cannot after arrest or take him by virtue of that warrant for that this was done by the voluntary consent of the officer but if the party arrested had escaped of his own wrong without the consent of the officer the officer upon fresh suit may take him again and again so often as he escapeth although he were out of view or that he shall fly into another County If a warrant be directed to a Constable to arrest one that is indicted of felony such officer may justifie the killing of such a partie if it be so that he cannot otherwise possibly take him the like may be done with a felon that is sent to the gaol if he shall resist or fly If the party against whom any lawfull warrant is granted shall make resistance or shall make an assault upon the officer or shall fly the officer after arrest may justifie the beating or hurting of him and may also imprison him in the stocks for the same but if the party refuseth or flyeth before the arrest the officer cannot justifie the beating of him The Constable having arrested any to be conveyed to the gaol Conveying of person to the gaol or having a Mittimus from the Justice for that purpose must take heed he suffer not such party to escape either willingly or negligently for if the arrest were for felony then by a willing escape the officer himself becometh a felon also and of whatsoever other kind the offence be if the officer do by his will or otherwise suffer the party to escape he shall be fined for it according to the quality of the offence by the discretion of those that shall be Judges of it And least any officer may flatter himself in thinking he may escape with some easie fine let him know that the Judges of his fault may set his fine equall with the value of his goods if the qualitie of his default do so require The High Constables Constables attendance at the monethly meetings of the Justices petty Constables Church-wardens and other the Overseers for the poore of every Hundred Parish and Village shall attend the Justices at their monethly meetings and there inquiry shall be made and information taken by the Justices of the defaults of the said Officers in the execution of the Laws and Statutes of this realm c. and what persons have offended against any of the said laws and where neglect or default is found in any of the said officers in making their presentments condigne punishment to be inflicted upon them by the Justices according to Law Which informations may be reduced into these or the like Articles following Articles to be diligently inquired of and distinctly Articles particularly answered upon oath in writing by the chief Constables pettie Constables Churchwardens and Overseers for the poore at the said monthly meetings of the Justices IMprimis I Huy and cry Watch and vvard you shall diligently inquire and certifie whether huy and cry have been made and duly pursued according to the Statute for the apprehending of felons and robbers and whether watches by night and warding by day appointed in every town and village for apprehending of rogues and vagabonds and for safetie and good order be duly observed and kept and by whose default the same hath been neglected You shall inquire and certifie who have been remisse and negligent in apprehending of such rogues and vagabonds 2 Apprehension and punishing of rogues what Constables have been remisse in receiving punishing and conveying them and who by any wayes or means have hindred the execution of the Statutes for the punishing and conveying of them And what persons since our last assembly have harboured or relieved any of them and what vagabonds or rogues have you since pūished You shall inquire and certifie 3 Labourers and Servants whether the Statute of labourers for retaining of servants and ordering of wages betwixt the servant and the master be not deluded by private contracts before they come to the Statutes and what servants are put out of service or have put themselves out of service their terms being not expired where this hath happened and in whose default and what is become of such servant or apprentice and what unmarried persons of able bodies live out of service that have not means otherwise to maintain themselves or if they labour for their living who sets them on work and what persons live idlely or that will not work for reasonable wages or live to spend all that they have at the Ale-house You shall inquire certifie wat Taverns Ins Ale-houses 4 Innes and Alehouses or other victualling houses are within your precinct who keep the same and how long have they so kept them by what authoritie and which are licenced and by whom and which are not and whether those that are licenced be fit as wel in regard of thēselves as their dwelling and
compositions for purveyances and carriages for his Majestie and his houshold from which the Clergy are specially by the Statutes exempt I conceive they are not ratable in this respect If rates be made for his Majesties carriages Rates for carriages these officers as I think are not to put the same in their general account for town-charges for then the poore and such as are not liable thereunto and those that neither have lands nor means must bear a part and share therein which seemeth not reasonable besides by this course of hiring his Majestie is oft times deceived and the country much abused by the cart-takers and that this charge may the more equally be born such persons as have lands in occupation may be proportioned to some certaintie what number of acres shall be assigned for a carriage and so to take the same by course and for post-horses that none be charged by rate or of those that have no horses for avoyding the like abuse Books to enter rates And for this purpose these Officers shall do well to keep a book fairly writ how every person is charged to the end that no man be surcharged or out of course wherein also these and all other Officers of the town may write their rates which otherwise in loose papers are subject to be lost torn or abused which books may be delivered from Officer to Officer as they shall succeed Lastly for the help as well of the chief as the petty Constables in the execution of divers Statutes which are most usefull and ordinary in the discharge and practice of their said office and for avoyding of sundry penalties ordained for their neglect therein I have collected these few following and first of the chief Constables 5. Elis c. 4. High Constables Statute-Sessions High-Constables of Hundreds in all such Shires where pettie Sessions for servants and labourers otherwise called Statute-Sessions were used to be kept may yet still hold their said Sessions so that nothing be done in them repugnant to the said Statute The Constables of Hundreds and of Franchises ought to make presentment to the Justices of peace Defaults of vvatches and high-vvayes and to all other Justices thereto assigned of the defaults of watches and the defaults of the Kings high-wayes not enlarged so as no ditches underwoods or bushes be within two hundred foot on either side of the same and also of such as lodge strangers in uplandish towns for whom they will not answer Unlavvfull Arms. Stat. Northhampton 2. Ed. 3. cap. 3.7 Ric. 2 cap. 13. Every chief Constable may arrest any person that shall go or ride armed unlawfully or offensively by night or by day in affray or terrour of the Kings people and may seise and take away such armes Collections for souldiers and prisoners 43. Elis cap. 3. The chief Constable that hath received the moneys appointed for the relief of maimed Souldiers and Mariners and for the prisoners of the Kings bench and Marshalsey failing to pay the same at the next quarter Sessions following shall forfeit for every default fortie shillings 14. Elis cap. 5. 1. Jac. cap. 25. or in making such quarterly payment of such summes of money as are raised in every Parish for the relief of the Prisoners in the common goal and paid unto them by the Officers of such Towns shall forfeit five pound for every default 4. Ed. 4. cap. 1. Clothiers and their vvorkers Chief Constables of hundreds may heare and determine the complaints of workers to Clothiers and of Clothiers against their workfolks by examination of the parties and may commit to the goal such as refuse to pay the said workfolks 2. 3. Ph. Mar. cap. 8.5 Elis cap. 13.18 Elis cap. 10. Highvvayes By estreats indented from the Clerk of the peace or by Stewards of leets the Constables of the hundred may levy by distresse the forfeitures for defects in repairing of High wayes Popish Recusants 3. Jac. c. 4. The chief Constables of the Hundred in default of the Churchwardens and Constable of every parish shall once every year present the monethly absence from Church of all popish recusants within such parishes and the names of their servants and children being above nine years old c. at the generall quarter Sessions upon pain to forfeit twenty shillings and if by such presentment such recusant be indicted and convicted not being for the same offence formerly presented the presenter shall have forty shillings to be levied out of the recusants goods and estate by warrant under the hands and seals of most of the Justices there present Purveyers 2. 3. Ph. Mar. cap. 6. The name or mark of every high Constable or petty Constable c. shall be subscribed to the blanks expressed in the Kings Purveyer's Commission in which shall be fairly written all such beeves weathers c. with the prices of the same as shall be levied or purveyed c. and to whom any precept is directed or shall be privy to the delivery And such Purveyer c. shall make and deliver unto the said high Constable c. a docket or brief in writing subscribed with their names a particular of the things purveyed which dockets or briefs the said Constables c. shall deliver over to the Justices at their generall Sessions c. Petty Constables 23. H. 6. cap. 4. If any person shall without lawfull bargain take or purvey any thing of any of the Kings subjects to the use of any other then the King and his house and notice and request thereof be made to the Constable of the place to be aiding and assisting to the party wronged such officer ought under pain of twenty pound to arrest such taker and carry him before some Justice of peace to be sent to prison there to remain untill he answer the law Purveyers shall pay 20. H. 6. cap. 8. The Kings takers that make purveyance of any thing not exceeding forty shillings shall make ready payment in hand for the same otherwise the owner may retain the thing so taken and may resist and the Constable c. of the place being thereunto required ought to be aiding and assisting therein upon pain to yield to the party grieved the value of the thing taken and his double damage 2. 3. Ph. Mar. cap. 6. And if the thing taken be above forty shillings then dockets shall be delivered to the chief Constable or petty Constables by the purveyer under his hand who shall deliver them to the Justices at their next quarter Sessions 5. Ed. 3. cap. 1. 26 Ed. 3 c. 3. Purveyers The Kings takers shall make their purveyance by the very value of the thing taken and by the view of the Constable and by the apprisement under the oath of foure of the goodmen of the town where the taken shall be who are to be appointed by the Const
is licenced to depart from his said master and is at liberty to serve elsewhere according the Statute in that case made and provided In witnesse whereof c. Dated the day moneth yeare and place of the making thereof And if such person be accepted into any other service without shewing such testimoniall to the Constable c. of the place where he shall be accepted he shall be imprisoned till he procure such a testimoniall which if he do not within twelve daies next after the first day of his imprisonment he shall be whipped as a vagabond Huy and cry The money recovery upon the hundred by the party robbed 27. Elis cap. 13. and assessed by the Justices upon the statute of huy and cry shall be levied by the Constables ratably by distresse and sale of the goods and chattels of such as refuse to pay the same The Minister or Curate of the parish 35. Elis cap. 1. Popish Reeusant sent and the Constable c. of the town to which any Popish Recusant shall be sent by order of the statute shall enter the same into a book to be kept in every parish for that purpose and shall certifie the same at the next quarter-Sessions of the peace in that County Sundry other Statutes there are wherein the Constables are ministers but because they have speciall direction by the precepts of the Justices of peace in the execution of them I have willingly omitted them yet must they know that if they be found cold remisse or negligent therein or in any wise in the execution of their office Cōmis pacis they are liable to be indicted therefore and to receive such punishment and censure as the Justices in open Sessions shall appoint If any action bill plaint A remedy for Constables c. against contentious suits prosecuted against them for the lavvfull execution of their office information or suit upon the case 7. Jac. cap. 5.21 Jac. cap. 12. trespasse battery or false imprisonment shall be brought or cōmenced against any Justice of peace Maior Bayliff of City or Town corporate Headborough Portrecue Constable Tithing-man Collectour of subsidy or fifteens Church wardens persons called sworn-men executing the office of Churchwarden or Overseer of the poore and their deputies or any of them or any other which in their aid or assistance or by their commandment shall do any thing touching his or their office for or concerning any matter cause or thing by them or any of them done by virtue or reason of their or any of their office or offices that the said action bill plaint or suit shall be laid within the Countie where the trespasse or fact shall be done or committed and not elsewhere and it shall be lawfull to and for all and every person or persons aforesaid to plead thereunto the generall issue that he or they are not guilty and to give such speciall matter in evidence to the Jury which shall try the same which speciall matter being pleaded had been a good and sufficient matter in law to have discharged the said defendant of the trespasse or other matter laid to his charge And if upon the triall of any such action c. the plaintiff therein shall not prove to the Jury which shall try the same that the trespasse battery imprisonment or other fact c. was or were had made committed or done within the County wherein such action bill c. shall be laid that then in every such case the Jury which shall try the same shall find the defendant in every such action c. not guilty without having any regard or respect to any evidence given by the plaintiff therein touching the trespas c. for which the same action c. is or shall be brought And if the verdict shall passe with the defendant in any such action c. or the plaintiff therein become non-suit or suffer discontinuance thereof that in every such case the Justices or Justice c. before whom the said matter shall be tried shall allow unto the defendant his or their double costs which he or they shall have sustained by reason of such wrongfull vexation in defence of the said action c. for which the said defendant shall have like remedy as in other cases where costs by the Laws of this Realm are given to the defendants Directions touching the office and duty of the Overseers for the Poore THe Churchwardens of every parish Overseers chosen St. 43. Elis cap. 2. and two or more substantiall householders there shall be nominated and appointed yearly in Easter week or within one moneth after Easter under the hands and seals of two or more Justices of the peace in the same County c. to be Overseers for the poore of the same parish and they or the greater part of them shall take order from time to time by and with the consent of the said Justices for setting to work of the children of all such whose parents shall not by the said Churchwardens and Overseers or the greater part of them Their office be thought able to keep and maintain their children To set poore to vvork and also for setting to work of all such persons maried or unmaried having no means to maintain them or having no ordinary and dayly trade of life to get their living by To raise summes of money And also to raise weekly or otherwise by taxation of every inhabitant Parson Vicar and other and of every occupier of lands Who are to be taxed and for vvhat houses tithes impropriate or propriation of tithes cole mines or salable underwoods in the said parish in such competent summe and summes of money as they shall think fit for the raysing of a convenient stock of flax hemp wool thread yarn and other necessary ware and stuff to set the poore on work Materialls to set the poore on vvork And also to raise competent summes of money for and towards the necessary relief of the lame impotent To relieve the impotent old blind and such other among them being poore and not able to work And also for the putting out of such children to be apprentices To put out apprentices c. to be gathered out of the same parish according to the ability of the said parish and to do and execute all other things as well for the disposing of the said stock as otherwise concerning the premises as to them shall seem convenient In which words you may perceive that the office and duty of these overseers for the poore chiefly consisteth in setting the poore on work in relieving the impotent and in putting out poore children to be apprentices and in making of rates for these purposes and first touching Rates I will observe these three particulars The making of Rates The levying of Rates The disposing of Rates In the raysing or making of rates these three things are most considerable 1. The
other distresse taken for the Kings debt nor for any other thing was to be sold or given within fifteen dayes after the taking thereof But this Statute of the 43. of Elis 43. Elis cap. 2. limiteth no time for detaining the distresse before sale as in some other statutes you may observe it doth and must follow the direction thereof these officers upon refusall of the owner to redeem it may instantly sell the same A distresse thus taken and detained Distresse hovv apprised and sold these officers upon the owners refusall or neglect within some reasonable time to redeem it shall procure two or more honest substantiall and indifferent persons to apprise and value the same and then upon refusall of the owner to redeem it may make present sale thereof according to the said apprisement rendring to the owner the overplus that shall remain upon the said sale The principall work of these officers is the well ordering and disposing of these rates which especially tendeth to these ends 1. To set the poore on work 2. To relieve the impotent 3. To put forth apprentices In the setting the poore on work consideration may be had 1. Who are to be set on work 2. By whom they are to be set on work 3. How and in what manner they are to be imployed St. 43. Elis cap. 2. Who shall be set on vvork First and principally it regardeth the training up of children by a timely education and imployment of them and to acquaint them with labour thereby to prepare and make them fit to be apprentices to husbandry and trades whereby they shall not onely be able to maintain themselves but become profitable members of the common-wealth In like manner all other persons as well men as women maried or unmaried young or old that want means and have no ordinary and dayly trade of life to get their living by are by this statute to be set on work and such as have trades if they want means to set up are to be helped by these officers out of the town stock whose office and duty it is not onely to set all those on work which are willing and seek unto them for work but those especially that live idly and shun labour The Churchwardens and Overseers for the poore 43. Elis cap. 2.3 Cha. cap. 4. Who shall set the poore on vvork or the greater part of them are not onely by this Statute 44. Elis specially inabled to set the poore on work but are also further inabled and authorised by that of King Charles with the consent of the Justices of peace of the same Division to set up use and occupy any trade mystery or occupation for the setting on work and better relief of the poore of the same parish town or place and it were much to be wished that this Statute were put in execution with us as it is in some parts of this kingdome whereby the common-wealth may receive profit the poore relief the severall town-ships ease and God in all may have the glory This statute ordaineth that there be a convenient stock of flax Where vvith the poore are to be set on vvork hemp wool thread 43. Elis cap. 2. yarn c. provided in every parish to set the poore on work but these officers are not precisely tyed to the very letter concerning the materials therein mētioned wherewith the poore are to be set on work as may be observed by these words and other necessary ware and stuffe for all countreys do not afford and produce one the same things neither are all persons apt and fit for the same work therefore without doubt the statute herein relyeth much upon the discretion of these officers together with the direction of the Justices of the peace The women and children may be imployed in spinning and carding of woollen and linen in knitting c. gathering of stones to mend the high-wayes and the like The men and those of able bodies in beating of hemp working of yarn or such like And in Countreys where these commodities are not to be had publick works may be devised by these officers for the good of their towns and the common-wealth as repairing of High-wayes Cawsies Bridges Banks drayning of fennes moorish grounds casting up or scouring of ditches raising of banks and the like all which are profitable and commendable works and are agreeable to the statute and specially commanded and commended by his Majestie And here by the way I hold it not unfit to remove this cōmon objection Losse of the town-stock a common objection which seemeth much to hinder and discourage these officers from a willing and chearfull proceeding in this course namely the usuall losse and decay as is pretended of the townstocks To this it may be answered that whatsoever the losse is it is farre short of the benefit that both that particular town and the whole County receiveth by their imployment besides if these officers will be faithfull and diligent to buy at the best hand such commodities as be good and weigh them in and out and look that the work be well and orderly done there will be the lesse losse And if they find the said stuff diminished beyond the ordinary losse or be otherwise misused or evily wrought they may cast it upon the hands of such as have so lessened or abused it and the value thereof may be levyed upon their goods where they be able or not having wherewithall to answer they may be punished or sent to the house of correction for an example to others And if these officers fail to do as is specified they are worthy to bear the whole losse themselves Nor is it sufficient that these officers make return of the town stock once in the year onely as the common course is but they ought to make return thereof once in every quarter of the year And whereas it is sometimes objected that there are no poore to set on work which for the most part is otherwise yet being so the stock ought not to lie idly but may be imployed in buying of bread-corn fuell or such like at the best hand for the benefit of the poore The second generall work of these officers in the disposing of rates is to relieve the impotent And herein consideration may be had of three sorts of poore Impotent poore to be relieved and how every of them shall be relieved 1. Three sorts of impotent poore Impotent poore by infirmitie Fatherlesse children educated Aged blind lame diseased persons relieved and harboured 2. Impotent poore by casuality Wounded souldiers decayed housholders visited and sick persons relieved 3. Impotent poore by unthriftinesse Riotous spenders vagabond loyterers idle strumpets sparingly relieved But these last sort being of able bodies are to be sent to the house of correction there to be set on work and duly punished His Majesty hath commanded that the weekly taxations for the relief of the poore and
other purposes Taxations raised in time of scarcity mentioned in the Statute of 43. Car. Re. Direct 5. Elis be in times of scarcitie raised to higher rates in every parish then in times before were used and contributions had from other parishes to help the weaker parishes Relief from other parishes especially from those places where depopulations have been some good contributions to come for help of other parishes And where any money or stock hath or shall be given to the relief of the poore of any parish Private gifts not to lessen publick rates such gift to be no occasion of lessening the rates of the parish The last but not the least generall dutie required by this Statute of these Officers Apprentices is the putting out of poore children to be apprentices wherein may be observed these particulars 1. Who shall be put forth apprentice 2. When and how long they shall be placed out apprentice 3. By whom and to whom they shall be put forth apprentice First What children shall be put forth apprentices it is not meant by this Statute that the children of those onely that receive collection as some have imagined shall be put forth apprentices or such as are destitute of parents or friends but likewise the children of all those that are poore and overburdened with children and those whose labours are not sufficient to maintain them or have not means to support their charge as well in sicknesse as in health but as the Statute hath it the children of all such whose parents shall not by the Officers or the greater part of them be thought able to keep and maintain their children Secondly At vvhat age they may be put forth at what age children of both sexes shall be put forth apprentice this Statute giveth no speciall direction but leaveth it wholly to the discretion of the Officers and Justices but so as none shall be put apprentice before they be able to do some service nor after they are of able bodies and can do good service for their parents 5. Elis cap. 4.43 Elis cap. 4.39 Elis cap. 12.1 Jac. cap. 6.7 Jac. cap. 3. or may have competent wages from others to maintain themselves and this seemeth to be betwixt the age of tenne and sixteen but yet by consent or in some speciall cases they may be put forth sooner or later See for this the Statutes 43. Elis 5. Elis 39. Elis 1. Jac. 7. Jac. How long they shall continue 43. Eli. cap. 2. A man child shall be bound apprentice untill he come to the age of foure and twentie years a woman child untill she come to the age of one and twentie years or mariage And none are compellable to be bound apprentices 5. Elis cap. 4. that are one and twentie years old or above Thirdly the Churchwardens and Overseers for the poore Who shall put forth apprentices or the greater part of them are not onely specially inabled by this statute to raise competent summes of money for the putting out of apprentices but may also bind any such children as aforesaid to be apprentices where they shall see convenient By which severall branches of that Statute 43. Elis cap. 2. Two wayes of putting out of apprentices there seemeth to be a twofold way of putting forth of apprentices the one by raising summes of money for the placing of them with men of trades or in husbandry as these officers and they can agree but whether they are compellable to take them without satisfaction given seemeth doubtfull but the children without question may be enforced and whosoever shall refuse to contribute to a rate made for this purpose these Officers by warrant from the Justices c. may levie the same by distresse and sale of the goods of the party so refusing The other way of putting forth apprentices and warranted both by command and practice is by putting them out without money to men of good abilitie using Husbandry or the like who are thought compellable by the Statute to take them and for refusall may be bound to the Sessions or Assises there to be indicted or imprisoned for their contempt If the Parents shall refuse to suffer their children to be bound out apprentice or shall intice them away being bound they may be sent to the house of Correction and so may the children refusing I have known when the Justices have also injoyned the masters to pay summes of money to their apprentices at the end of their term and have inserted the same as a covenant in their indentures but whether this may be done without consent or no I cannot determine and it is to be done upon speciall consideration Every person N. Res 3 4. Who shall take apprentices as well Clergy-men as others who by their calling and profession or manner of living entertaineth and must have use of other servants of the like qualitie must entertain such an apprentice wherein discretion must be the guide upon due consideration of circumstance And doubtlesse every person of wealth and abilitie Who shall contribute although he have no use of such an apprentice must contribute to the charge of putting forth such apprentices as to other charges for the poore or may be compelled to give a summe of money to help a weaker man in estate that shall take such apprentice In the putting forth of these apprentices Considerations in putting out of apprentice there must be speciall regard had to these circumstances The Master the Child the Facultie the Parents 1. The Master Master as well for his abilitie as honestie for otherwise by hard usage they may provoke their apprentice to runne away Secondly Trade his trade and imployment least the apprentice waste and consume his time without learning any thing and so be made worse then at the first 3. The Children Children that they be put out while they be young and tractable and before they be corrupted with vice and idlenesse for then they will hardly keep their service or be held to labour 4. The Parents Parents to take away such Children from them as are burdensome or brought up loosely and idlely These Officers or such of them as shall not be let by sicknesse 43. Elis cap. 2. or other just excuse to be allowed by two Justices of peace shall meet together at the least once every moneth in the Church of the same parish upon the Sunday in the afternoon after divine service there to consider of some good course to be taken and some meet order to be set down in the premises and shall within foure dayes after the end of their year and after other Overseers nominated make and yield up to two such Justices a true and perfect account in writing subscribed under their hands of all summes of money by them received or rated and sessed and not received and also of such stock as shall be in their hands
shall be levied and bestowed due for any offence against these Statutes shall be to the Churchwardens of every parish wherein the offences shall be committed to be bestowed upon the high wayes in the said parish 18. Elis cap. 10. All penalties or summes of money forfeited for any cause within this Statute shall be levied in every parish by the surveyers of the wayes within that parish for the time being by distresse and sale in manner and form as fines or amercements in leets have been used And the money so levied to be imployed upon the high-wayes where the offence was committed and if the surveyers shall or will not levy and imploy the same within one yeare after the offence so committed that then the same summes or forfeitures shall be levyed in form aforesaid by the Constables or Churchwardens of the town or parish where the offence was committed and that he or they so levying any of the said penalties or forfeitures shall make and yield such account as is appointed in the before recited statute 9. Hen. 3. c. 14. Who shall make and repair bridges No Town nor Free-man shall be constrained to make Bridges nor banks but such as of old time and of right have been accustomed to make them 22. Hen. 8. c. 5. Foure Justices of peace may award processe against them who ought to repair bridges Where it is not known who ought of right to repair a Bridge foure Justices may tax the inhabitants of the Shire Riding City or Town corporate as the case shall be and may also make and appoint two Collectours of every Hundred who may distrain for the money so taxed and also may appoint two Surveyers who shall see and direct the work c. Where any is chargeable by law to repair a Bridge Crompt f. 186. b he must also maintain the way at each end thereof by the space of three hundred foot though the soil belong to another If a man voluntarily maketh or mendeth a Bridge 21. Ed. 4 46. Cawsie or High-way he is not compellable to do the same again unlesse he or his ancestours have used so to do time out of mind If a man maketh a Bridge for easement to his mill or the like and it decayeth he nor any other are chargeable to repair this for it is no common passage Thus much concerning the Statutes for High-wayes c. here followeth a word or two in explanation of them for the help of those that shall be chosen to this office 2. 3. Phil. Mar. cap. 8. Who ought to be chosen surveyers First therefore touching the election of these surveyers c. where the Statute appointeth to make choice of two honest persons of the parish to be Surveyers it implyeth also that they be discreet and persons of some ability of estate and not of the meaner sort of inhabitants as the manner is who neither dare command the service to be done nor present it being undone ofttimes for fear of displeasing those they depend upon 2. What waies shall be repaired by the Statute The six dayes work injoyned by this statute are to be imployed upon the High-wayes in the parish leading to some market town which is via Regia the Kings high-way free for all men to passe with cart and carriage and they nor any part of them are to be bestowed in the mending or repairing of any private way or other field-way such as is called Iter or Actus unlesse the said High-wayes be otherwise well and sufficiently repaired and shall not need the said whole six dayes 3. The same dayes The Parochians must go and perform the service the same six dayes that are appointed and though they shall do full six dayes work at other times before Midsummer yet are they presentable therefore and shall be amerced 4. Other dayes may be appointed If the said six dayes so appointed or any of them prove unseasonable for the service these officers may appoint such or so many other dayes as shall be behind and all persons are liable to do every thing as in the former six dayes yea by some opinions although Midsummer be past 5. If the said six dayes be not sufficient to make their said wayes perfect they ought to do more for if the Township be indicted for any default in their said wayes Every town must make their wayes passable and good it will be no sufficient excuse or plea for them to alledge they have fully performed their dayes-works appointed by the Statutes but for those dayes thus charged above the statute no man shall be punished thereby for his neglect but the whole Township or that person in whom the defect of the wayes is found shall by the common law be indicted and fined 6. Sufficient at all times These Officers are not onely to see that these wayes be made good and sufficient for the summer time but that they be good and sufficient also for the winter season 7. Where a township is not able If a town or parish be not sufficient to repair their high-waies the neighbouring towns that have frequent use of the said wayes shall aid and assist them with their helps if they be insufficient then the whole Hundred or Countie shall help them because it is a publick good 8. If the Kings high-waies be not passable whereby the Kings subjects cannot with safety passe them Where wayes are impassable they may ride over mens corn to passe that way and there lyeth no action of trespasse against such for so doing 9. Money given to repair a way Where any summe or summes of money is or shall be given for the making mending or repairing of any High-way Cawsie or the like and it be insufficient to do the same that town within which the said way doth lye ought to help to mend and repair the same Three sorts of persons are chargeable by law to repair High-wayes 1. Who are charged to mend the wayes The inhabitants of towns in generall 2. Those that by right or custome have alwayes done them 3. Those that by new inclosures against the High-wayes straighten and annoy the same 10. Inclosures against the wayes Duncomb's case Every person which hath or shall make any inclosure next the Kings High-way adjoyning to his inclosure and if one man hath inclosed on the one side and another on the other side both of them shall be charged to mend the same way and he that hath land adjoyning next the Kings High-way by the common law before these statutes was bound of common right to cleanse and scoure the ditches adjoyning to the said way 11. What a plow-land is The Statute declareth not what a plow-land containeth some hold that a plow-land Carucata terrae or a hide of land which is all one contains 120. acres others say that a plow-land meant by the statute is not of any certain content A
carve of land or a plow-land may contain house meadows pasture wood but so much as a plow by course of husbandry can plow in a yeare which is much more in some Countreys then in other which occasioneth many contentions and much prejudice to the service in the repair of the high-wayes by reason that since this statute most men strive to get much more land into their hands then in former times Co. Lit. fol. 69. and do mannage with one plow almost double that quantity of land they then held and many plow lands are so broken and divided that they are lost and yield no help to the maintenance of these wayes besides the dayly ingrossing of farms which decayeth the strength of the kingdome both in men and horse diminisheth the Kings subsidies the increase of corn and grain hindereth hospitality and the setting of poore men on work oppresseth others by the often revolution of offices and lastly the visible decay of the High-wayes in all places occasioned by the lessening the number of draughts and teams there being now scarce three parts of foure which were in former times and therefore it were to be wished that a certain proportionable quantity of land might by agreement be assigned in every town according to the temper and disposition of the soil what number of acres should be accounted a Plow-land by which means many questions and controversies dayly arising may be appeased the number of plow-lands in every Town encreased and consequently the high-waies in all places bettered and amended 12. Who are charged He that occupieth a plow-land in pasture c. and keepeth no cart or team and he that keepeth a team or cart and hath no land in occupation are both of them charged by the Statute to provide one wain or cart furnished c. and two able men with tools and instruments 13. Carriages Persons Instruments These supervisours are not onely to have respect to the number of the carriages and persons but to the quality and condition of them and that they be sufficient and meet for the service for now he that hath foure or five horses and maketh of them for his own occasions but one teem or draught for the service of the high-wayes divideth them into two whereby this service is weakly performed but it is the duty of these officers to see that the King and the Countrey be no worse served then themselves and he that for his own private affairs doth usually or for the most part of the year make two draughts shall also for the King and his Countreys service be charged with 2. carts or draughts though he occupie his land sometime with one plow So are they to have regard to the persons that are to work both where when what and how they shall work and where and how they shall load and bestow their materials and if any shall do otherwise then they shall be appointed by these officers they are liable to be presented by them Hired servant Where it saith that no hired servant by the yeare shall be charged to this service it is not intended that retainers to Noble men gentlemen parish clerks common townservants as Shepherds Heardmen Haywards and the like that are inhabitants and of able bodies should hereby be discharged 15. Sufficient labourer By this word Sufficient-labourer is meant men of able bodies c. not of women and children which are usually imployed in this service 16. Lastly Presentment whereas it is thought that if the Surveyers shall not present the defaults of the parishioners till after the moneth though the Justices do certifie it at the next Sessions it is not good against the offender yet if the Justice shall present the said default by his own authority the delinquent shall not escape unpunished by the penalty of the Surveyer Surveyer refuse And if any chosen to be Surveyers shall refuse or do not take upon him the execution of the said office every Justice of peace may present it but yet it is fit that another be chosen in his stead FINIS