THE Duties of Constable's Borsholders, tithingmen, and such other low Ministers of the Peace. Whereunto be 〈◊〉 adjoined the several offices of Churchwardens: of ●…rueiors for amending the high ways: of Distributors of the provision for noisome Fowl and Vermine: of the Collectors: Overseers: and Governors of the Poor: and of the Wardens and Collectors for the houses of Correction. Collected and penned by William Lambard of Lincoln's Inn Gent. 1582. ¶ Printed at London, by Roger Warde. THE DUTIES OF Constable's, Borsholders, tithingmen, and such other low ministers of the Peace. Understanding by sundry friends of mine, 1. The preface. that many well disposed men do earnestly wish, that some one short and plain collection might be made of the duties of high Constables, petty Constables, Borsholders, tithingmen Headborrowes, and such like inferior ministers of the queens majesties peace, to the end that when any of them should be called to any of the said offices (or the like) they might the better behave themselves in doing the same: I have thought it a thing worthy the labour, to sand abroad among them this little treatise, which I have drawn to satisfy in some part their honest desire: heartily praying unto God, that as their knowledge may be increased in the reading hereof, so also their diligence may be amended in the practice of the same, to the setting forth of the glory of God, and to the advancement of the queens majesties service in this behalf. The division of this work. 2 And because I purpose (by the help of God) to make this work so short, and so plain withal, as the matter thereof itself will suffer me, and as the understanding of unlearned men doth require: I will first speak somewhat, both of the sundry names and beginnings of these officers, and then afterward I will go in hand with the parts of their several duties. The names of these officers. 3 The sundry names of Constables, or high Constables that be of Laths, Rapes, Wapentakes, Hundreds, and Franchises: and the divers names also of Constables, petty Constables, tithingmen, Borsholders, Boroeheads, Headboroes, chief pledges, and such other (if there be any) that bear office in towns, parishes, hamlets, tithings, or boroes (for of Constables of Castles, otherwise called Castellanes, and such others I mean not to entreat) are all in effect but two, that is to say, Constables and Borsholders: for these two words do contain as much as all the rest of those names, and to these two may all the rest of them be well brought: and therefore, in speaking severally of these two, I will pass along, and touch all the rest also. 4 The name Constable, Constable's name. is made (as I have read) of two English words put together, namely, cunning) or Cyng) and Staple, which do signify, the stay (or hold) of the king. For by the ancient custom of this realm, there is a great officer called the Constable of England, who by means of the great authority that he had, was a principal stay unto the King's government: 13 R. 2. cap. 12. and this man had jurisdiction and authority in deeds of Arms, and in matters of war, both within and without the Realm. Out of which office, this lower Constableship was at the first drawn and fetched, and is (as it were) a very finger of that same hand. 13. E. 1. His beginning. For the statute of Winchester which was made in the time of King Edward the first, and by which these lower Constables of hundreds & Franchises were first ordained, doth (amongst other things) appoint, that for the better keeping of the peace, two Constables in every Hundred and Franchise, should make the view of Armour. So then, the name of Constable in a hundred or franchise doth mean, that he is an Officer that supporteth the Queen's Majesty in the maintenance of her peace, within the precinct of his hundred, or franchise: and he is many times called the High Constable, in comparison of the Constables, or Petty Constables that be in the towns or parishes within his hundred or franchise, whose part it is likewise to maintain the peace within the several limits of their own towns or parishes. Borsholders name. 5 As touching Borsholder, which is the other general name and doth contain within it the meaning of tithingmen, Borrowheades, Headborrowes, Thirdborrowes, and chief pledges, that also is made up of these two English word, Borhes, and Ealdor; of the which, Borhes betokeneth pledges, and Ealdor signifieth the Chief, the Head, or the Elder: and so Borhesealdor in one word, doth mean the chief, or head of the sureties, or pledges. 6 But now, His two offices. that you may the better understand what is meant by this, you must further know, that every of these Borsholders, tithingmen, Borrowheads, Headborrowes, Thirdborrows, and chief pledges, hath two several offices at this day: the one being his ancient and first office, and the other his latter made office. Archaionomia 7 His first office began thus: His first office. by the ancient laws of this realm (before the coming in of King William the Conqueror) it was ordained for the more sure keeping of the peace, and for the better repressing of thieves & robbers, that all free borne men should cast themselves into several companies, by ten in each company: and that every of those ten men of the company, should be surety and pledge for the foorth-comming of his fellows: so that if any harm were done by any of these ten against the peace, than the rest of the ten should be amerced, if he of their company that did harm should fly, & were not forthcoming to answer to that wherewith he should be charged. And for this cause these companies be yet in some plates of England (& namely with us in Kent) called Boroes of the said word Borhes, Pledges or Sureties: albeit in the western parts of the realm they be commonly named tithings, because they contain (as I told you) the number of ten men with their families. And even as ten times ten do make an hundred, so, because it was then also appointed that ten of these companies should at certain times meet together for their matters of greater weight, therefore that general assembly (or court) was (and yet is) called a Hundred. Furthermore, it was then also ordained, that if any man were of so evil credit, that he could not get himself to be received into one of these tithings or Boroes, that then he should be shut up in prison, as a man unworthy to live at liberty amongst men abroad. tithing man. Headborow, etc. 8 Now whereas every of these tithings (or Boroes) did use to make choice of one man among themselves, to speak and do in the name of them all: he was therefore in some places called the Tythingman, in other places the Boroes Ealder (whom we now call Borsholder) in other places the Boroehead, or Headboroe, & in some other places the Chief pledge, which last name doth plainly expound the other three that are next before it: for Head or elder of the Boroes, & chief of the Pledges be all one. And in some shires, where every third borrow hath a Constable, there the officers of the other two be called Thirdboroes. 49. E. 3. ●in. Kanc. 9 Moreover, in these tithings (or boroes) sundry good orders were observed, Old orders in Tithings and amongst others these: first that every man at the age of 12. years should be sworn to the King: Vid. 45, Ed. 3.27 Et Kitch. Fol. 12. then, that no man should be suffered to devil in any town or place, unless he were also received into some such suertieship and pledge as is aforesaid. Thirdly, that if any of these pledges were imprisoned for his offence, that then he aught not to be delivered without the assent of the rest of his pledges: again, that no man might remove out of one tithing (or Boroe) to devil in another, without lawful warrant in that behalf: lastly, that every of these pledges should yearly be presented and brought forth, by their chief pledge at a general assembly for that purpose, which we yet (in remembrance thereof) do call the View of Frank pledge, or the Leete court. 10 Hitherto have I opened the ancient office of the Borsholder, Tythingman, and the rest, whereof also there is yet to this day some show or remnant in our leets or Lawdays: but if the very substance thereof were thoroughly performed (as I know no let, but that by law it may) then should the peace of the land be much better maintained. His later office. As touching the later office that these Borsholders, tithingmen, Headboroes Boroeheads, Thirdboroes, and chief pledges have, it is in manner all one with the office of a Constable of a town or parish, which is commonly named a Petty Constable, or Vnderconstable, because he is a small Constable, in respect of the Constable of his Hundred, within whose limit he is. For, as about the beginning of the reign of King Edward the third, petty Constables were devised in towns & parishes for the aid of the Constables of the Hundreds: so of latter times also, Borsholders, tithingmen, Headborroes, and such like, have been used as petty Constables within their own Borrows and tithings. And yet not so universally, but that some of them have at this day none other but their old office. For in some of the Western parts of England, you shall see, that where there be many tithingmen in one parish, there only one of them is a Constable for the Queen, and the rest do serve but as the ancient tithingmen did. Now therefore, having spoken of the names and beginnings of these inferior officers of the peace, let us also come to the parts of their duties. 11 Forsomuch as a great and chief part of the duty both of these High Constables of Laths, Rapes, Division of their office. Wapentakes, Hundreds, and Franchises, and also of these Constables, Petty constables, tithingmen, Borsholders, Borrowheads, Headborrowes, Thirdborrowes, chief pledges, & such like ministers, by whatsoever other names they be called in any Towns, Parishes, tithings, Borrows, Hamlets, or other places of the Realm, doth consist in the maintenance of the Queen's majesties peace, wherein (as also in some other points) the power of them all is alike, and but one, within their several limits and places of authority: therefore I think it good to show, first what their common and equal duty is in matters concerning the peace, either by their own authority, or under the authority of others: then afterward to declare, what their common and like duty is in some other things, not concerning the Peace: and lastly, to open those things wherein they have a distinct and several duty one from another. Their office concerning the peace. 12 The Conservation (or maintenance) of the Peace, standeth in three things, that is to say, 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: and thirdly, in punishing such as have already broken the peace. And here lest any man should be deceived in not understanding what is meant by these words. What is the breach of the peace. The breach of the peace, he must first of all know, that by the breach of the peace, is understood, not only that fight which we commonly call the breach of the peace, but also that every murder, rape, manslaughter, and felony, whatsoever, and every affraying, (or putting in fear) of the Queen's people, whether it be by unlawful wearing of armour, or by assembling of people to do any unlawful act, are taken to be disturbances or breaches of the peace. 13. H. 7.10. Cur. 13 But now, To prevent things against the peace. for the better preventing that nothing be done against the peace, any of these officers aforesaid may take (or arrest) suspected persons, which walk in the night, and sleep in the day: or which do haunt any house, where is suspicion of bawdry: & they may carry them before a justice of the peace, to found sureties of their good behaviour. And if any such officer be not of sufficient strength to do that alone, Fitz in just. Del ●. 171. then may he take meet aid of his neighbours thereto: and they, in such cases, be compellable to help and assist him. Any of these officers may also arrest such strange persons as do walk abroad in the night season: and for that cause the said statute of Winchester did ordain, 13. Ed. 1 that night watches should be kept yearly, from the feast of the Ascension until Michaelmas, by six men at every gate of every city, by twelve men in every Borough town, and in every other town by six men, or four men, or according to the number of inhabitants in the town, all the night long from Sun setting to Sun rising: so that if any stranger did pass, he should be arrested till the morning, and then for at large (if no suspicion were found of him) but if any suspicion fell out against him, than he should be imprisoned till he might be lawfully delivered. And of these watches, the officers before named have the charge within the limits (or places) of their authorities as the Constable in his town, the Borsholder in his Boroe, and the high Constable within all his Hundred: and these officers aught to see these Watches duly set and kept, and aught also to 'cause Hue and Cry to be raised after such as will not obey the arrest of such watchmen. ●a. Nor ●amp. ●Ed. 3. ●ap. 3. Again, if any person whatsoever (except the Queen's servants and ministers in her presence, or in executing her precepts, or their offices, or such as shall assist them: and except it be upon Hue and Cry made to keep the peace, and that in places where acts against the Peace do happen) shall be so bold, as to go, or ride armed, by night, or by day, in Fairs, Markets, or any other places: then any Constable or any other of the said Officers, may take such armour from him, for the Queen's use, and may also commit him to the jail. And therefore, it shall be good in this behalf, for these officers to stay and artest all such persons as they shall found to carry Dags, or Pistols, or to be appareled with privy coats, or doublets: ●1. Eliz. Reg. as by the Proclamation (made in the one and twentieth year of the reign of our Sovereign Lady that now is) they are specially commanded. 17 R. 2. c. 8. Furthermore, if any great assembly, or rumour of people be made in manner of insurrection, than the sheriffs, Constables, and the said other ministers, having knowledge thereof, aught to go with the strength of the county, and to set themselves against it, and aught also to take and imprison such offenders. Lastly, Bar. 2● e● Fi● 22. Ed. 35. Bri● if any man do threaten to kill another, and he which is so threatened do pray any of these Officers to arrest the other to found sureties of the Peace, then may such an officer arrest him to find such surety before a justice of the Peace, and may also carry him to prison if he refuse to found it. To pacify & punish the breach of the peace. 14 Thus much I have spoken of those things which do bend towards the breach of the peace: 1. H. 7. but now I will come nearer, to the breach itself, and withal to the pacifying and punishing of the same. If therefore a Constable, or any other of the said officers, shall see any men going about to break the peace, as by using hot words, by which an Affray is like to grow, then aught such Officer to command those persons to avoid upon pain of imprisonment: and if they will not departed, but shall draw weapon, or give any blow, than aught he to do his best to departed them, & to keep them in sunder: and he may (for that purpose) both use his own weapon, 3. H. 7. cap. 10.21. H. 7. cap. 21. and may also call others to assist him. In which doing, if any such officer, or other person coming on his part, do take hurt, he shall have good remedy by action against him that did the hurt: but if any of them that made the affray, be hurt by such officer, or by any of his company, than such a hurt person hath no remedy at all for it. 13. E. 4. cap. 9 And if he that maketh an Affray do fly into an house, when such an officer cometh to arrest him: then may that officer break open the doors to take him: and if he that made the Affray do fly from thence also, yet may the Officer follow him, and in fresh suit take him, though it be in another Shire or County. So, if two men be fight together in a house (the doors being shut) yet may such an Officer break open the doors to 'cause the peace to be kept, though none of the parties have taken hurt, And in both these causes, such an officer may carry them before a justice of the peace to find Surety for the peace, because they have broken the peace already, and are meet to be bound that they shall not thenceforth break it again. But if any of the parties to an Affray, Fitz. 72.38. Ed. 3 6. & 22. li. As. 56. have received any dangerous hurt, then aught such Officer to arrest him that did the hurt, and to carry him to the jail, there to remain till he found surety to appear at the next jail delivery: otherwise he may with less labour carry him to a justice of the peace, who aught to take order for such surety, because the fact may fall out to be Felony, if so be that he which was hurt do happen to die within one year and a day next following such hurt done. And as these Officers aught to are rest those that do make Assault upon any private persons, 5. H. 7. so also may they arrest any such as shall make assault (or Affray) upon themselves whilst they be in doing their offices: and may for that purpose both lawfully defend themselves, and also take the offenders and commit them to the jail, or carry them to a justice of the peace, for the finding of such surety as is aforesaid. Barr. 101 en Fitz. But if one do assault a man, in, or nigh the high way, to rob him, and be taken by the true man, or by any other, and be brought to the Constable, or such other Officer of the place: then aught such Officer, not only to take him to his ward, but also to carry him before a justice of Peace to 'cause him to give surety for his Good abearing. ●. Ed. 3. cap. 14.17. E 4. cap. 5. So, if any man do suspect another of Murder, or Felony, and do declare the same to any such Officer of the place, then such officer may arrest the suspected person, and he shall do well to carry him to a justice of the Peace together with him that doth suspect him, to that end that they both may be examined as appertaineth. Yea, any of the said officers may search within the limit of his authority, ●. Ed. 4. ●ap. 9 for any persons suspected of Felony: for it is a chief part of their office to repress felons. ●. H. 7. ●5. And therefore any of these Officers may (of his own authority) arrest one that is indicted of Felony: So, if the common voice and fame be, that A. B. hath done a felony, that is sufficient cause for any of these Officers (that shall thereof suspect him) to arrest him for it. And I like well of their opinion which do hold, 1. H. 7.7 that if information be given to any such Officer, that a man and a woman be in adultery, or fornication together, than the Officer may take company with him, and that if he found them so, he may carry them to prison. But this is to be marked, 3. H. 4.22. E 4 cap. 35. that in the cases before, and such like, where such an Officer hath arrested, or hath in his ward any offendor that aught to be carried to the jail, there such an Officer is not bound forthwith to carry him, but may well for a reasonable time keep him in the Stocks, until that convenient provision of strength may be made to convey him safely thither. 4. Ed. cap. 10 And when he shall bring such offendor to the jail, then aught the Gaoler to receive the same freely, without taking any thing of the Officer for it. Serving of precepts. 15 Hitherto (as you see) I have spoken of the Constable, and of these other Officers, so far only as they have authority by their own offices, without any commandment from others. But forsomuch as a great part of their duty (concerning the peace) resteth in the making of due execution of the precepts of Higher officers, and specially of the justices of the peace, who be (as it were) immediately set over them, let us also see after what manner these Constables, and other the said inferior ministers of the Peace, aught to behave themselves in that behalf. Albeit then, that these said Officers be subject to the commandments of the justices of jail delivery, and of Oier and Terminer, and of some Higher justices, yea, and to the precepts of Coroners also, and of other Officers, in some certain cases, yet because most commonly they are called upon by the justices of Peace, ●. H. 8. p. 18. ●. H. 7. p. 22. they aught specially to show themselves obedient to their precepts, and may not dispute whether their commandments be grounded upon sufficient authority, or no: as knowing that although a justice of the Peace (which is a judge of Record) should direct a Warrant beyond his authority to a Constable, or one other of the said Officers, yet shall such Officer be holden excused for executing the same, howsoever that justice of Peace himself be blamed for it. If therefore a Warrant for the Peace, or good abearing, happen to be directed to any of these said Officers, than aught he with all speed and secrecy to find out the party: and then also may he lay his hands upon him, and show him the matter, and require him in the Queen's name to go with him to put in surety according to the Warrant. 21. H. cap. 3 And this if the party shall refuse to do, than aught such Officer forthwith to arrest him, and to convey him to prison, without caring him to any justice: in which doing, if the party shall offer any resistance, or shall seek to escape, than also may such Officer justify the beating, or the hurting of him. But if the party shall yield to go and give Surety, 21. H cap. ● and yet will not go to such justice as made out the Warrant, but to some other justice, then aught such officer to give him that liberty, so that it be not far out of the Limit, for else so great travel might follow upon the Officer, as rather he than the offendor might seem to be punished by it. And here the Officer must take regard, and consider whether the Warrant do come directly from the mere authority of the justices of Peace, or else be grounded upon a writ of Supplicavit sent down from higher authority (which difference aught to appear plainly in all Warrants that be well and orderly made.) And if the Warrant be grounded upon such a Writ, then may such Officer compel the party to go to the very same justice or justices of Peace that made out the warrant, and otherwise he may carry him to prison, as is said before. Neither is it requisite, that such an Officer should dance up and down after the party (as many use to do) until he can find out sureties: but he may lawfully keep him, until that he can get sureties to come unto him: the ignorance of which point is the cause, both that many an evil man escapeth, & many an honest Officer is punished for it. But here it happeneth many times, that the purtie (hearing that the peace is granted against him) offereth himself with sureties, for that cause unto some other justice of Peace, or findeth such surety in some of the Courts at Westminster, and so hath a Supersedeas ready to show such Officer, as cometh to him with a Warrant as is aforesaid. Now, if that be so, then is the Officer discharged thereby, and aught not any further to molest the party. But yet it shall be good, that such Officer do keep the Supersedeas for his better discharge: lest otherwise he be called to accounted for not serving the Warrant that was sent unto him. If a Warrant be directed to a Constable, or such other Officer, to arrest our that is indicted of Felony, 22. lib. Ass 55. Cor. 261 288.318 en Fitz. then may such Officer justify the kill of such a party, if it so be, that he cannot otherwise take him: or of so be, that he resist, or fly, when he is taken. Finally, the Constable or such other of the said Officers, having arrested any to be conveyed so the jail, must take good heed, that he do not willingly, or negligently, suffer such party to escape from him. 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 negligence, suffer the party to escape from him, he shall be fined for it, according to the quantity of his fault, by the discretion of those that shall be judges of it. And lest any such Officer should flatter himself, in thinking that he may pass through with some easy Fine, ●1. H. 4. cap. 12. Stan●. 35 I let him know, that the judges of his fault may set his fine, equal with the value of all his goods, if in their discretions the same do so require. 16 Thus have I performed the first part of my promise, and have showed, The equal duty of these Officers, in matters besides the Peace. what is the equal and like duty of every of the said Officers in matters concerning the Peace, both by their own authority, and also in doing the commandments of the justices of peace: now therefore I must go forward to the second part of my purpose, and am to declare their like duty in other points of service, that do not concern the Peace. For equal power is indifferently given to any of these Officers by some Statutes of the realm, whereof these that follow be the chief. Attendant for the execution of statutes. 17 All Constables and other the said Officers aught to be attendant, aiding, 33. H. 8. ca 10 & 37. H. 8. cap. 7. and assisting to the justices of Peace, for the execution of all and every the acts (made in, or before the parliament, holden in the 33. year of the reign of King Henry the eight) concerning Reteinors, giving of Liveries, Maintenance, Embracerie, Bowestaves, Archery, Unlawful games, Forestallers, Regrators, Victual, Vittailers, and Inholders, or any of them, upon pain that the said Constables, and other the said Officers shall make such Fines, as by two of the said justices of Peace shall be assessed. Physicians. 18 All Constables, and other the said Officers within London, 14. H 8. cap. 5. 32. H 8. cap. 2.1. M. Pa. 1. cap. 9 or within seven miles thereof, aught (upon request made, to aid and assist the Precedent of the College of the Physicians in London, and other persons authorised for the due execution of the Statutes made concerning Physicians, Apothecaries, and Surgeons. 23. H. 6. cap. 14. 19 If any person shall (without lawful bargain) purvey or take any thing of any of the Queen's liege people, Purveyors. to the use of any (other than of the Queen and her house) and thereof notice be given to the Constable, or such other Officer of the place, than such Officer aught (under the pain of twenty pound) to arrest such taker, and to carry him to the next prison. 28. H. 6. sta. 2 c. 2 No purveyor of the Queen aught to take any horse, or cart, but by the delivery of the Mayor, bailiff, Constable, or such other officer of the place whence that taking shall be. 25. Ed. 3 cap. 1. 36. Ed. 3 sta. 2 c. 2 Corn aught to be taken for the Queen's house, by striked measure of eight bushels to the quarter, according as is used throughout the land: and the takers of all things to be taken for the Queen's house, shall make their purveyance by the very values thereof, by the view of the Constable, or other such Officer, and by appraisement under oath of four other good men of the town, where the taking shall be: and such taking shall be made without driving the preisors by compassion, menacing, or other villainy, to set any other price than their oath will, and as commonly runneth in the next Markets. Takers, Undertakers, 2 & 3. P & Mar. cap. 6. their Deputies, or servants, shall not take any beeves, Wethers, Lambs, Calves, or any kind of Saltfish, or any kind of grain, or any Butter in any vessels, or Cheese, Bacon, Coneys, Pigs, Geese, Capons, or Hens, but by Commission, and a Blank thereto for that shire annexed: in which Blank, the said several things so to be taken, & the prizes of them shall be written, & to which Blank, the High Constable, Petty Constable, or Headborow of the place which any such taking shall be, aught to subscribe his name or sign manuel. And such Taker aught then also to make a Brief or Docket in writing subscribed with his name, containing every of the said things so taken in every place: and aught then also (under the pain of a Hundred Marks) to deliver the same to the said High Constable, Petty Constable, or Headborow, who also aught to deliver it over to the justices of Peace at their next general Sessions within that county. 10. Ed. 3 cap. 1. 20 In the takings for the Queen's house, Tails (or Indentures) aught to be made and sealed, between the taker and the owner (in the presence of the Constable, or such other officer, and the preisors of the place) by which Tails (or Indentures) satisfaction aught to be made to the owner for his things so taken. 20. H. 6. cap. 8. 21 If any Taker will make purveyance of any thing (not exceeding the value of xl. s.) and make not ready payment in hand therefore, it is lawful for the owner to retain the thing so taken, and to resist such purveyance: and the Constable, Tythingman, or chief pledge of the place (being thereto required by the owner) aught to aid and assist such owner in making such resistance, under pain to yield unto him the value of the thing taken, & his double damages. 14. Eliz. cap. 5. 22 If the Constable, Tythingman, Rogues. or such other officer, of any place, be negligent, and do not his best endeavour, for the apprehension of all sturdy Rogues, or vagabends, that shall beg, wander, or misorder themselves within his authority, and for the bringing of them before a justice of Peace, but shall suffer any such to escape, then shall such Constable, or Officer forfeit vj. s. viii. d. for every such Rogue. Coroners. 23 All Constables and other the said Officers must be attendant upon Coroners, 21. H. ● cap. 2.22. H. 8▪ cap. 14.32. H. 8▪ cap. 3. for the abjuring and conveying of such persons, as shall take the Churchyard as a Sanctuary, for safeguard of their lives, by occasion of any Felony by them done. 22 All these things heretofore rehearsed, whether they concern the preservation of the Peace, or any other matter besides the Peace, may & aught to be done and executed indifferently (as I think) by any of the said Officers within the precinct of his authority: that is to say, as well by the high Constable of the whole Hundred or Franchise, within his Hundred or franchise, as by the Constable, petty Constable, Tythingman, Borsholder, Boroehead, Headboroe, Thirdboroe, or chief Pledge, within his town, parish, tithing, Boroe, or Hamlet: and that so, as none of them hath more power of office therein than the other, although some of them have longer limits of place than the rest. But now I am come to such things as do severally belong to some of these Officers, High Constable of a Hundred. so as the others may not meddle therewith (which is the third part of my promise) and therefore I will take that in hand also: and because the Constable of the Hundred, or franchise, is the greatest of these Officers, both in respect of his larger precinct of place, and also of the higher trust that is committed unto him, I will begin at him: who, as he is not by and by set alone, but is for some matters no further authorised than some other of the said Officers, so I will first begin at those, and then come to the rest that belong only to himself. 14. Eliz. cap. 5. 25 The money appointed to be levied by the Churchwardens of every parisheth Sunday for the relief of Prisoners in the jail, Prisoners. aught (under the pain of five l.) to be paid by them once every quarter of a year to the high Constables or head Officers of every Hundred, tithing, Wapentake, town, or parish: and the said high Constables, or head Officers aught (under the pain of 5. l.) to pay over the same money so to them paid, of the next quarter Sessions of the Peace, to such person as shall be appointed by the justices of Peace to receive the same. Collec●or for the poor. 26 If any person lawfully appointed by the justices of Peace to be Collector for the poor, shall refuse to accept it, 14. El● cap. 5. or accepting it, shall be negligent therein, he shall loose to the poor of that place forty shillings, which shall be levied by distress, or recovery by Action by the high Constable, or Tythingman of the place: who also, if he be negligent, or refuse so to sue within two months next after such default, shall loose five pounds. It seemeth to me, that in these two cases next above, the words, high Constables, high tithingmen, & head Officers do exclude Petty Constables, Borsholders, and such like to meddle therein: because none are called High, or Head, but in comparison of low and Base. High Constable alone. Now therefore I will speak of matters concerning the high Constable of the hundred alone. 5. Eliz. cap. 4. 27 High Constables of Hundreds in all such Shires, Petty sessions. where Petty Sessions for servants and labourers (otherwise called statute Sessions) were used to be kept, before the first day of the parliament holden in the fift year of the reign of our gracious Queen Elizabeth may yet still hold their said Sessions, so that nothing be done in them, repugnant to the Statute of labourers and servants made in the same parliament. 13. E. 1. sta. Why. 28 The Constables of Hundreds, Watches and highways. and of Franchises, aught to make presentment to the justices of Peace, and to all other justices thereto assigned, of the defaults of watches, and of the defaults of the Queen's highways not enlarged so, as no ditches, underwood, or bushes be within 200. foot on every side of the same, and also of such as lodge strangers in uplandish towns, for whom they will not answer. 14. Eli. cap. 5. 29 The Constables, or tithingmen of every Hundred, Rape, Poor people. or Wapentake, in which any abiding place to set the poor people in, shall be appointed by the justices of Peace, shall once every month (under the pain of twentis shillings) make a view and search of all the aged, impotent, and lame persons within their authority, and all such as they shall find, not being borne, nor within three years next before dwelling within that division (except lepreus and Bedread persons) they shall presently see conveyed, on horseback, in cart, or otherwise by their discretion's, to the next Constable, and so from Constable to Constable, the directest way, till every of them be brought to the place where he or she was borne, or most conversant by the space of three years next before, there to remain in some such abiding place, or otherwise to be provided for. High ways. 30 Estreates indented aught to be made by the Clerks of the Peace, 2. & 3. P & Mar. cap. 8 & 5. El. 13. and by Stewards of leets, of all forfeitures rising in the Sessions of the Peace, or in leets, upon the Statutes of highways: of which Estreats, one part aught to be delivered yearly within six weeks after Michaelmas, to the bailiff or high Constable of the Hundred, Lathe, or Wapentake, wherein the default was committed, and the other part to the Constable and Churchwardens of the parish in which the default was made, to the insent, that such bailiff, or chief Constable, may thereby levy by distress the same forfeitures, or the double thereof (if no distress can be found, or if such forfeitures be not paid within twenty days after a lawful demand of the same by the said officer) and to the intent also that the said Constable and Churchwardens of the parish may thereby call the said bailiff, or High Constable to accounted before two justices of the Peace (the one being of the Quorum) between the first day of March, and the last of April yearly for the said forfeitures, which aught by the said Churchwardens to be bestowed on the Highways in their parish. And upon such account, every such bailiff, or high Constable shall have for his pains viii. pence of every pound levied and paid by him, and may also retain xii. pence for the fee of the Clerk of the Peace or Steward of the Leete, for every such Estreate by any of them delivered, as is aforesaid. Constable of a town. 31 Next after the Constable of the Hundred, Wapentake, or Franchise, followeth the Constable of a Town, who is somewhere called a High Constable, for that he hath there a Petty Constable under him, and is sometimes also termed a Head Officer, because in some Corporate towns Constable is part of the name of their Incorporation. And now also because there be sundry things that are by the Statute Laws indifferently referred to him, or to the Tythingman, Borsholder, or such other inferior officer of the place: therefore I will first set down those, and then afterward speak of the rest that are committed to him only, and to none of them. servants 32 Not person retained in husbandry, 5. Eliz. cap. 4. or in any the Arts appointed by the Statute of Labourers (made in the fift year of our Sovereign Lady Queen Elizabeth) may departed, after the time of such reteinour expired, out of the town or parish where he last served, to serve in another, unless he have a Testimonial under the seal of the Constable, or other such Officer, and of two other honest householders of the town or parish where he last served, according to this form: Memorandum, that A.B. late servant of C.D. of E. in the county of K. husbandman, or Tailor, etc. is licenced to departed from his said Master, and is at his liberty to serve elsewhere, according to the statute in that case made and provided. In witness whereof, etc. dated the day, month, year, and place of the making thereof. Which Testimonial, the Parson, Vicar, or Curate of the parish where such Master, Mistress, or Dame doth devil, aught to register, taking only ij. d. therefore. And if such person be accepted into any other service, without showing such Testimonial to the Constable, or such other Officer, Curate, or Churchwarden of the place where he shall be accepted, he shall be imprisoned till he procure such a Testimonial, which if he do not within 21. days next after the first day of his imprisonment, he shall be whipped as a Vagabond. 5. Eliz. cap. 4. 33 In the time of hay, Labourers. or corneharuest, the Constable, or such other Officer of any township, upon request made, and for avoiding the loss of any corn, grain, or hay, may 'cause all such artificers and persons (as be meet to labour) by his discretion to serve by the day, for the mowing, reaping, shearing, getting, or inning of corn, grain, or hay, according to the skill and quality of the person: and if any such person shall refuse so to do, then aught such Officer (under the pain of forty shillings) to imprison such refuser in the Stocks, by the space of two days and one night. Rogue. 34 Every Rogue that shall be apprehended, 18. Eliz cap. 3. aught to be conveyed (from the justice of Peace before whom he shall be brought) by the Constable, or such other Officer of the parish where the apprehension shall be, but only to the Constable, Tythingman, or other such Officer of the next township, or parish, in the next Hundred, and so from one Hundred to another, by the Constable, or such other Officer of every such township or parish which shallbe next in every such Hundred, the direct way, until they shall come to the jail or prison appointed for such Rogues: under the pain of vj. s. viii d. for every default of such Constable or Officer. 35▪ The Constable, Borsholder, High ways. or other such Officer, and the Churchwardens of every parish, aught 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 Surveyors of the works for amendment of the high ways within their parish leading to any market town: and aught then also to appoint six days for the amendment of those high ways before Midsummer than next following: and aught openly in the Church, the next Sunday after Easter, to give knowledge of the same six days. They also aught to have one part of the Estreates indicted, and may call the bailiff or high Constable to Account, ●2. & 3. P & Mar. cap. 8. & ●5. El. 13. concerning the forfeitures for default of amending Highways, as hath already appeared before. And they also or any of them, may levy by Distress and by sale of such Distress, all sums of money forfeited for any cause within the Statute of Highways made in the eightéenth year of the Queen's Majesty that now is (if so be that the Surveyors of High ways shall not before have levied and employed the same within one year next after the offence committed) & shall yield Account thereof before two justices of the Peace, 18. Eliz. cap. 10. as is afore showed. 36 These things last aforesaid, do (in mine opinion) pertain as well to the charge of a Tythingman, Borsholder, Headboroe, Chief pledge, or such other inferior Officer of a town or parish, as they do to the Constable of such a town or parish, Things belonging only to the Constable. that hath any of those other Officers there under him. But some other points of charge there be, that belong to him only, and to none of them: as for example. Weights and measures. 37 Every City, Borough, 8. H 6. cap. 5. 11. H. 7. cap. 4. and market town, that have a Constable, aught also to have common measures sealed, and also common weights sealed, at which the inhabitants may freely weigh. Merchandise. 38 If any wools, 14. H. ● cap. 5. or other merchandise, be shipped to the Staple, in any suspected place adjoining to the coast of the water, than Indentures aught thereof to be made between the owner, and the Mayor or Constable of that place: or otherwise such merchandise shall be forfeited. ●3. H. 8. cap. 9 39 The Mayor, Sheriffs, bailiffs, Unlawful games Constables, and other head Officers within every City, Borough, & town within this Realm, where any such Officers be, aught under the pain of xl. s. for every default, once every month at the lest, to make search (aswell within liberties, as without) in all places where any unlawful games shall be suspected to be kept, and may arrest and imprison aswell the keepers of such places, as the haunters to the same, till they be bound, no more to keep & haunt such places. And if any such Head Officers, shall found or know, that any artificer, craftsman, husbandman, apprentice, labourer, servant at husbandry, journeyman, or servant of artificer, or that any mariner, fisherman, waterman or servingman, doth play at the Tables, dice, cards, tennis, bowls, clash, coiting, logating, or any other unlawful game, out of Christmas time, or out of their masters house or presence in the Christmas time (unless it be by the licence of such Master as hath 100 l. by the year, or above, and then also that playing be within the precinct of such masters house, garden, or orchard) than such head Officer may commit such offendor to ward, till he will be bound by Obligation to the Queen's use (in such sum as to the discretion of such Officer shall be thought reasonable) that he shall not from thenceforth use such unlawful games. Bridges. 40 Those four justices of Peace, 22. H. 8. cap. 5. that be authorized by the Statute to make taxation of money for the amendment of any decayed bridge in the high way, aught to make that taxation, by the assent of the Constables, or of two of the most honest inhabitants of every town or parish. Vessels. 41 In all Cities, boroughs, 23. H. 8. cap. 4. and towns, wherein no Wardens of Cowpers be, the Majors, Sheriffs, bailiffs, Constables, or other head officers there have power to search, view, and gawge, barrels, kilderkins, firkins, and other vessels, to be made there, and to take such advantage thereby, and in such manner, as the Wardens of Cowpers within the City of London may take on every behalf. 42 The Majors, Sheriffs, Hats and caps. Constables, 21. H. 8. cap. 9 1. Mar. Parl. 1. cap. 11. and other head Officers of any place, to which woollen hats, bonnets, or caps (being made out of this Realm) shallbe brought, aught (upon knowledge thereof to them to be given by the Customer of such place, or his deputy) to join with such Customer, or deputy, in the sale of such hats, bonnets, or caps for such prizes, as by the statute are limited: upon pain to forfeit twenty pounds for every time that they shallbe remiss in that sale. 43 In all these cases also, last before rehearsed, it seemeth that Borsholders, tithingmen, Headboroes, and other such (being in towns and parishes, underneath Constables that be there) cannot meddle: because such Constables be (in comparison of them) called Head Officers. Now therefore upon all the whole discourse before written, The Conclusion. it may well appear, that Borsholders, tithingmen, Headboroes, Boroeheads, Thirdboroes, and chief pledges, whether they be there the only Officers for the peace, or be underneath Constables, may within their boroughs, tithings, or Hamlets, do many things that the others may do: and that there are many other points, which those other Officers may do, and wherewith these Borsholders and the rest cannot meddle at all. And therefore, to avoid idle repetition of matters already spoken, I say shortly, that it an Under Borsholder, Tythingman, Headboroe, Boroehead, Thirdboroe, or chief pledge, will see what belongeth to him to do, he must look before upon all such cases, where his power is declared to be equal (for those points) with the power, either of a High Constable of the Hundred, or a Constable of a town or parish: for in all such things he hath to deal as well as they: but where any thing before is showed to appertain only to the High Constable of a Hundred, or only to the Constable, or chief or head Officer of a town or parish, there such a Borsholder, Tythingman, or any of the rest, hath nothing to do with it. And thus, having opened, so shortly, and plainly, as I could the duties of all these said ministers of the peace, I do shut up this work: desiring those that shall take any profit of this labour, to yield thanks to God the most liberal giver. FOr the more ease of every of these Officers, in finding out of that which belongeth to them, I have divided this Treatise before into three and forty Articles (or parts) by which each of these Officers may readily come to all that which belongeth to his own charge, if he will mark this Table following: for, The High Constable of the Hundred, Franchise, or Wapentake, hath to deal with all those matters that be contained within any of these Articles, that is to say, Articles concerning 3. His name. 4. His beginning. 11.12.13.14.15. The Peace to be kept: and serving of Warrants. 16.17.18.19. 20 21.22.23. Execution of Statutes: Physicians: Purveyors: Rogues: Coroners. 24.25.26 27.28.29.30.43. Prisoners: Poor: Petty Sessions: Watches: High ways: Poor: High ways. The Constable of a Town, or Parish hath his part in all such things as be expressed in any of these Articles: Articles concerning 4. His name and beginning. 11.12.13.14.15.16.17.18.19.20.21.22.23. Keeping of the Peace: Serving of warrants: Execution of statutes: Physicians: Purveyors: Rogues: Coroners. 24.25.26.31.32.33.34.35.36.37.38.39.40.41.42.43. Prisoners: Collectors for the Poor: Servants or labourers: Rogues: Highways: Weights and measures: Merchandise: Unlawful games: Bridges: Vessels: Hats and Caps. And every Borsholder, Tythingman, Borochead, Headboroe, Thirdboroe, and chief pledge, may for his Boroe, or tithing, learn his office by these Articles: Articles concerning 5.6 7.8.9. His name: Beginning: first Office: latter Office. 10.11.12.13.14.15.16.17.18.19.20.21.22.23. Keeping of the Peace: Serving of warrants: Execution of statutes: Physicians: Purveyors: Rogues: Coroners. 31.32.33.34.35.36.43. Servants and labourers: Rogues: Highways. THE DUTY OF CHURCHWARDENS. Whilst I passed through some of the statutes before, concerning the Offices of Constable & Borsholder, I found them mingled with divers duties pertaining to the Churchwardens of parishes: the Surveyors of the highways: the Distributors of the provision for the destruction of vermin: the Collectors and Overseers for the poor: & the Wardens and Collectors for the houses of Correction: whereby I was also moved to add somewhat of these Offices, the rather because I was persuaded, that with that little more of labour, I might do a great deal more of good, seeing that thereby the plain country man should (after a sort) be furnished with all manner of understanding (in the temporal law) needful for the exercise of any of those offices that may lightly fall upon him. First therefore, I will speak of the Churchwardens office, but that so far forth only, as the common laws and statute Laws of the Realm do lead me▪ knowing, that such other parts of that Office, as do rest upon the Laws Ecclesiastical, be from tune to time sufficiently both taught and called upon, by those that have the Execution of the same. These Churchwardens of Parishes be taken (in favour of the Church) to be for some purposes a manner of Corporation at the common law: that is to say, Office of Churchwardens by the common law. Persons enabled by that name, to take movable goods or cattles, and to sue, and be sued at the Law, ●. H. 7. ●l●mo. concerning such goods for the use and profit of their parish. And therefore, a man may well in his life time give, or by his last will beqeath money, or other movable things to the Churchwardens, or to the parishioners of a parish, either for the reparation of their Church, or towards the ●uie● of books, Lively Intra ●ol. 576. Communion cups, Linnéen clotheses, or other decent ornaments or furniture for the Church. Which many of gift is so much favoured in the Law, that it is not altogether needful, in such a gift, for a man to use to express words or writing. For if a man do buy a Bell, and do hung it up in the Steeple, or do make a Pew, and do set it up in the Church, and do neither make any word or writing thereof, yet is this Bell, 11. H. 4. cap. 12.8. H. 7. cap. 1●. or Pew, by this dedicated or given to the Church. They shall have Action. 2 Now, although Churchwardens shall have none Action at the common law to recover a legacy, or such other thing which they never had: yet nevertheless, if any such goods, or ornaments of the Church be once in their possession and custody, 37. H. 6.30 & 34 11. H. 4. cap. 12.8. E. 4. ● then shall they maintain an Appeal of Robbery against him that stealeth them, or an Action of Trespass against him that shall wrongfully take them away (though it be the Vicar, or Parson himself) and the damages that they shall recover thereby, shall be to the use and benefit of the parish, and not to their own use. Fitz. n● br. 91. ● mes. 19 H. 6.66. ad on● But if those Churchwardens (from whom the goods were so taken) shall happen to die, before any Action by them brought for the goods, yet shall the next Churchwardens have Action for the same. 3 And forsomuch as these Churchwardens be officers, They may not waste the Church goods. put in trust for the behoof of their parish, therefore also are they not enabled with any other power, than for the good and profit of the parish. So that Churchwardens can neither give away, nor release, at their own pleasure, the goods of the Church. For if the Parishioners shall find that they do unprofitably waste, or misspend the goods of the Parish, then may they remove such churchwardens, by making their choice of new: ● E. 4.6 which new Officers may (by Action of account) call to accounted the former Churchwardens, They may be removed, and brought to accounted. and shall thereby compel them, both to give reckoning of their doings during their office, and also to make satisfaction to the use of the Parish for the harm that it hath received by their fault. And although the usage and custom of the Parish be, that the Churchwardens there shall continued in their Office, ●. H. 8. p. 5. by the space of one whole year or two years, or more (as indeed some Parishes have such customs) yet upon such, or the like misdemeanour found in them, may the parishioners at all times proceed to an Election of new Churchwardens, and may remove the old, for that otherwise they have no mean by our Law to call them to their Account, but by such as shallbe put in their place. Nevertheless, those former Churchwardens shall (upon the making of such their Account) have allowance of all needful sums of money, or other things, which they have expended, either upon the reparation of the body of the Church, or for the provision of meet and lawful ornaments, or other furniture of the Church or Parish: because they are compellable (by the Ecclesiastical Laws) so to lay forth the goods of the parish committed to their custody and charge. They shall have allowance also (upon such their Account) of the money paid by them for relief of prisoners in the common jail, by virtue of the Statute 14. Eli. caep. 5. and of whatsoever other thing that they are by law chargeable to do. They have not to do with lands. 4 This (in effect) is the power and charge that the common Law doth give to Churchwardens: for, as touching any estate in lands, or the profits of any lands, Churchwardens have not to meddle at all: insomuch, that if the walls, windows, or doors of the Church, be broken, or the trees in the Churchyard be cut down, or the grass thereof be eaten up, than the Parson, or Vicar (and not the Churchwardens) shall have the Action for it: 11. H. 4. cap. 1●. 12. H. 7. cap. 27.23. H. 7. cap. 9 because Churchwardens are not by Law allowed to be a Corporation for any other thing, Churchwardens office by the statute. than for movable goods only. Now therefore I will show how their office is increased by a few Statute laws, that do concern the same. ●. Eliz. cap. 2. 5 All persons inhabiting within the Queen's majesties dominion, Repair to the Church. shall diligently and faithfully (having no lawful or reasonable excuse to be absent) endeavour themselves to resort to their parish Church or Chapel accustomed, or (upon reasonable let thereof) to some usual place where common prayer and such service of God (as is contained in the book of common prayer) shall be used in such time of let, upon every Sunday and other days ordained and used to be kept as holy days: and then and there to abide orderly and soberly, during the time of the common prayer, preachings, or other service of God, there to be used and ministered, upon pain of punishment by the Censures of the Church, and also upon pain that every person so offending shall forfeit for every such offence xii. d. to be levied by the Churchwardens of the parish where such offence shall be done, to the use of the poor of the same parish, of the goods, lands, and tenements of such offendor, by way of distress. High ways. 6 The Constables and Churchwardens of every parish shall yearly upon the Tuesday or Wednesday in Easter week, 2 & 3. ● & Mar● cap. 8. ● 5. El. 13● call together a number of the parishioners, and shall then elect and choose two honest persons of the parish to be Surveyors and orderers of the works for one year for amendemint of the Highways in their parish, leading to any Market Town: which persons shall take upon them the execution of their said offices, upon pain, every of them making default to forfeit xx. s. And the said Constables and Churchwardens shall then also name and appoint six days for the amendment of the said highways before Midsummer than next following: and shall openly in the Church the next Sunday after Easter give knowledge of the same six days. And they also aught to have one part of the Estreates indented, and shall call the Constables to account, etc. as it doth appear before in the 30. Article of the Constable's office. See after also in the office of the Surveyors of the High ways, for levying those forfeitures, by the Churchwardens, if the Surveyors shall not levy and employ the same within one year after the offence committed. 5. Eliz 5 7 If any person within this Realm shall (without lawful licence) eat any flesh upon any days now usually observed as fishdays, Eat flesh. or shall upon any Wednesday now newly limited to be observed as Fishday, have above one dish of flesh, for which also he shall then have three several dishes of Sea fish, shall forfeit three pounds for every such offence, or else suffer three months imprisonment. And every person within whose house any such offence shall be done, & being privy or knowing thereof, and not effectually disclosing the same to some Public Officer having authority to punish the same, shall for every offence forfeit forty shillings: the third part of all which forfeitures shall be to the use of the Parish wherein the offence shall be, and to be levied by the Churchwardens after any conviction in that behalf. Licence to eat flesh. The licence for eating of flesh, 5. Eliz. cap. 5. to be given to any person for notorious sickness, by the Bishop of the Diocese, or by the Parson, Vicar, or Curate of the Parish, aught to be registered (if that sickness shall continued above eight days after such licence granted) in the church book with the knowledge of one of the Churchwardens there: and the party licensed shall give iiij. d. to the Curate for the entry thereof. 8. In every parish, 8. Eliz. ca 15. & 14. Eli. cap. 11. the Churchwardens, Destruction of vermin. with six other parishioners (to be required by the Churchwardens) shall yéerly in one of the holidays in Easter week, and at every other time when it shall be needful, tax and assess every person having the possession of any lands or tithes within that parish, to pay such sums of money as they shall think meet, according to the quantity of such their land or tithes. And if any such person do deny to pay the same, or do not pay the same (within fourteen days next after request thereof made by the Churchwardens, or one of them) than such person shall forfeit for every time five shillings, which (together with the 〈◊〉 assesed) shall he levied by distress of the goods and cattles of such person, to be taken by the Churchwardens, or one of them, the same distress to be ordered and used, as distresses taken for amerciaments in any leets. And as well the said sums as penalties (if any of them be so levied) shall be yearly by the Churchwardens, or one of them, for the time being, delivered by Bills indented to two honest and substantial persons of the parish which shall be elected and appointed by the Churchwardens, and shall be named, The Distributors of the provision for the destruction of noisome foul and vermin. And if the said Churchwardens, six persons, or Distributors, or any of them, shall refuse or make default in the execution of any part of this act, contrary to the form thereof, than such offendor shall forfeit for every default five pound, the one moiety to the Queen, the other to him or them (using tillage yearly within the same shire) that will sue therefore in any court of Record. For the rest of the office of the churchwardens, concerning this matter, see afterward in the duty of these Distributers. See also in Constables, Artic. 25. for the jail money to be levied by churchwardens. THE OFFICE OF the SUPERVISORS, Surveyors, or orderers of the works for amending of the Highways. Upon the six days appointed for 2. & 3. & Ma● cap. 8. 5. El. 1● working in the High ways in such sort as is before declared in the sixth Article of the Churchwardens office, every person for every Plough land in tillage, or pasture that he or they shall occupy in the same parish, and every other person keeping there a draft or plough, shall find and send, at every day and place to be appointed for the amending of the ways in the parish as is aforesaid, one wain or Cart, furnished after the custom of the country, with Oxen, Horses, or other cattle, and all other necessaries, meet to carry things convenient for that purpose, and also two able men with the same, upon pain of every draft making default ten shillings. And every other householder, and also every cottager and labourer of that parish, able to labour, and being no hired servant by the year, shall by themselves, or one sufficient labourer for every of them, upon every of the said six days, work and travel in the amendment of the said highways, upon pain of every person making default to loose for every day twelve pence. And if the carriages of the parish or any of them shall not be thought needful by the supervisors to be occupied upon any of the said days, that then every such person that should have sent any such carriage, shall send to the said work for every carriage so spared two able men there to labour for that day, upon pain to loose for every man not so sent to the said work twelve pence. And every person and carriage abovesaid, shall have and bring with them such Shovels, Spades, Picks, Mattocks, and other tools and instruments, as they do make their own ditches and fences withal, and such as be necessary for their said work. And all the said persons and carriages shall do and keep their works, as they shall be appointed by the said supervisors, or one of them, eight hours of every of the said days, unless they shall be otherwise licenced by the said supervisors, or one of them. From henceforth it shall and may be lawful to all and singular Supervisor and supervisors and orderers of the works for the time being, for the amendment of the said highways thereunto elected and appointed, according to the statute made in the second and third year of King Philip and Queen Marie, for the better reparation and amendment of the high ways within their several parishes & limits where they shall be so made supervisors (if it shall be so to them thought necessary) to take and carry away of the rubbish or smallest broken stones of any Quarry, or Quarries lying or being within the parish where they shall be supervisors without licence, controlment or impeachment of the owners or owner, so much as by their discretions shall be deemed and judged necessary to the amendment of the said ways. And that for default of any such Quarry or Quarries, it shall and may be lawful to every such Supervisor, or supervisors, for the use aforesaid, in the several grounds of any person or persons, being within the parish, and limits where they shall be supervisors, and nigh adjoining to the way or ways wherein such reparations shall be thought necessary to be made, and wherein gravel, sand, or cinder is likely to be found, to dig or cause to be digged, for gravel, sand, or cinder, and likewise to gather stones lying upon any lands or grounds within the parish, and meet to be used to such service and purpose, and thereof to take and carry away so much as by discretion of the said supervisors shall be thought necessary to be employed in the amendment of the said highways. Provided always that it shall not be lawful to any such Supervisor, or supervisors, by virtue of this act, to 'cause any rubbish to be digged out of any Quarry or Quarries, but only shall extend to such rubbish as shall be found there ready digged by the owner or owners of the said quarry or quarries, or otherwise by his or their licence and commandment, nor shall not extend to give authority to any Supervisor or supervisors to dig, or cause to be digged, any gravel, sand, or cinder in the house, garden, orchard, or meadow, of any person or persons, nor that it shall be lawful by this act to any such Supervisor or supervisors to 'cause any more pits to be digged for gravel in any several and enclosed ground than one only, and that the same pit or hole so digged for gravel as is aforesaid, shall not by any way be in breadth or length above ten yards at the most. And that every such Supervisor as shall 'cause any such pit to be made, and digged for gravel, sand, or cinder, as is aforesaid, shall within one month next after any such digging or pit made, 'cause the same to be filled, and stopped up with earth, at the cost and charges of the Parishioners, upon pain to forfeit to the owner and owners of the soil, wherein any such pit shall be made and digged, for every default, five marks. Eli. 13. From henceforth, every such Supervisor and supervisors, as is aforesaid, shall by force of this act, within the parish or limits where he or they shall be supervisors, have full power and authority to turn any such water course, or spring of water, being in any of the said highways, into any ditch, or ditches of the several ground or soil of any person or persons whatsoever next adjoining to the said ways, in such manner and form as by the discretions of the said supervisors shall be thought meetest and convenient. Such Supervisor, or supervisors, for the time being within one month next after default or offence made, done, or committed by any person or persons, contrary to the provision, purport, and true meaning of the statute made (concerning highways) in the second and third year of King Philip and Queen Marie, shall present every such default or offence to the next justice of Peace for the time being, upon pain to forfeit for every such default and offence, in such sort not by them presented, xl. s. Every person or persons (except such as shall devil in the City of London) that shall be assessed to the payment of any Subsidy to her Majesty to five l. in goods, or forty shillings in lands, or above, during all such time as he shall stand so assessed & not altered, and being none of the parties chargeable for the amendment of highways by any former law, but as a Cottager, shall found two able men yearly, to labour in the highways, at such days and times, as by the several statutes thereof are limited and appointed. And every other that hereafter shall occupy a plough land in tillage or pasture, lying and being in several parishes, shall be chargeable to the making of the ways within the parish where he dwelleth, as far forth, and in such manner and form, as any person having a plough land, in any one parish, is or aught to be chargeable, by reason of the said former statutes, or either of them. And every person or persons, occupying and keeping in his or their hands or possessions, several or diverse plough lands, as aforesaid in several or diverse towns, shall be charged to found in each town or parish (where the plough lands being in his occupying do lie) one Cart, Wain, Tumbril, dung Pot, or Court, Sleads, Carres, or Drags, furnished for the amendment and repairing of the highways within the several parishes where the said plough lands do lie, in such manner and form, as if he or they were a Parishioner dwelling within the parishes, where the same several plough lands do lie. Every person or persons, that shall not repair, ditch, or scour any hays, fences, ditches, or hedges adjoining to any high way or common fairing way, or shall not cut down or keep low all trees and bushes, growing in or next adjoining to any the said ways according to the true intent & meaning of the act made in the fift year of the queens Majesty reign that now is, for every offence committed therein, contrary to the true intent thereof, shall forfeit and loose for every default ten shillings And all and every person and persons that shall occupy any lands adjoining to the said ground, so adjoining to any such high way, or common fairing way, where any ditching or scouring should or aught to be as aforesaid, shall from time to time, as need shall require, ditch or scour in his and their ground so adjoining, whereby the water conveyed from the said high way, or common fairing way, over the ground next adjoining, may have passage over the said ground, so next adjoining to that ground, upon pain of forfeiture for every time so offending, for every rood not so ditched and scoured, xii. d. No person or persons having any ground by lease or otherwise, adjoining to any high way, or common fairing way, leading to any market Town, shall cast or scour any ditch, & throw or lay the soil thereof into the high way, and suffer it to lie there by the space of six months to the annoyance of the said high way, or common fairing way, upon pain of forfeiture for every load of soil, so cast into the high way, or common fairing way, in ditching or scouring, xii. d. And where any heretofore have been so cast into the high way, or common fairing way, that there is a bank between the said way and the ditch, it shall be lawful for the Surveyors and workmen, by the Laws and Statutes of this Realm, appointed for the amendment of the said ways, to make stuces or other devices by their discretions, to convey the water out of the said way into the ditch: any law, right, interest, custom, or usage to the contrary notwithstanding. Every penalty, sum or sums of money forfeited for any cause within this statute, shall be levied in every parish by the Suruciors of the ways within that parish for the time being, by distress, & sale of distress, in manner and form as fines or amerciaments in leets have been used, and the money so levied, to be employed upon the high way, or common fairing way where the offence was committed. And if the Surveyors shall not or will not levy and employ the same within one year after the offence so committed, that then the said sum or sums, forfeiture or forfeitures, shall be levied in form aforesaid, by the Constables or Churchwardens of the town or parish where the work aught to be done in the highway (as aforesaid) 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 statutes, or either of them. THE OFFICE OF the DISTIBUTERS of the provision for the destruction of noisome foul and Vermin. THese Distributers being so chosen, 8. Eliz. ca 15. ● 14. Eli cap. 1● and having money (as is before showed in the 8. Article of the Churchwardens office) shall give and pay of the same money so to them delivered to every person that shall bring to them any heads of old Crows, Choughs, Pies, or Rooks, taken within the several parishes, for the heads of every three of them a penny: and for the hands of every six young Crows, Choughs, Pies, or Rooks taken, as is aforesaid a penny, and for every six eggs of any of them unbroken a penny: and likewise for every xii. stars heads a penny. All which said heads and eggs, the said Distributers in some convenient place shall keep, and shall every month at the lest bring forth the same before the said Churchwardens and taxors, or three of them, and then and there to them shall make a true account in writing, what money they have laid forth and paid for such head and eggs, and for the heads of such other ravenous birds and vermin, as are hereafter in this act mentioned. That is to say: for every head of Merton, Hawks, Fursekite, Moldkite, Bussard, Schagge, Carmerant, or ringtail two pence, and for every two eggs of them a penny: for every Iron or Ospraie● head, iiii. d. for the head of every Woodwall, Pie, jay, Raven, or Kite, a penny: for the head of every bird, which is called the King's Fisher, a penny: for the head of every Bulfinch, or other bird that devoureth the blouth of fruit, one penny: for the heads of every Fox, or Grey, twelve pence: and for the head of every Fichew, Polecat, weasel, Stote, Fair, Badge, or Wild cat, a penny: for the heads of every Otter, or Hedgehogs, ii.d. for the heads of every three Rats, or twelve Mice, a penny: for the heads of every moldwarp, or Want an half penny: for the heads of every which birds and vermin last mentioned, the last Distributers shall likewise pay and give to the bringer of them, for every head killed and taken within their several parish, as before is limited, and shall keep the same to be showed forth upon their account in manner and form as is aforesaid. All which said heads and eggs shall be forthwith after such account made in the presence of the said Churchwardens, and Tarors or of three of them, burned, consumed, or cut in sunder. And if upon any account to be made, in the end and determination of the office of any such Distributers, it shall appear that any sum of money is remaining in the hands of the said Distributers, or any of them: then the same shall be by Bill indented, as is aforesaid, delivered over to such persons, as be or shall be elected to the same Office, for the year next following, by them to be distributed as is aforesaid. This shall not in any wise extend, to give any liberty or authority to any person or persons, to use or exercise any means or engine, for the destruction of Crows, or Rooks, choughs, or other the Vermin aforesaid in any place or places, to the disturbance, let, or destruction of the building or breeding of any kind of Hawks, Herons, Egrets, Paupers, Swans, or Shovelers: or to the hurt and destruction of any doves, Doovehouses, Dear, or Warren of Coneys, nor extend to give or appoint any sum or sums of money to be given paid, or distributed, to any person or persons, for the head or heads of any Buzzard, ringtail, Herne, Polecat, Fitchew, or Stote, taken in any Park, Warren, or ground employed to the maintenance of any game of Coneys, or to any stars taken in dovehouses, nor to the kill or bringing the head of any Kite or Raven, killed in any City or Town Corporate, or within two miles of the same. THE OFFICE AND duty of the COLLECTORS, and Overseers for the poor, settled in their abiding places. THe justices of Peace in all the shires of England and Wales and the Majors, bailiffs, Sheriffs, 14. Eli. 5 & 18. El. cap 3. and other officers of the Cities, boroughs, and Franchises whereof they be justices of Peace, having appointed within the limits of their several authorities convenient abiding places for settling of the poor people, and having also assessed the inhabitants within the same limits towards a weekly contribution for the relief of the same poor people, aught then also to appoint Collectors and overseers for one whole year: which said Collectors shall gather the said weekly contribution, and shall make delivery of so much thereof to the said poor people, as the said justices, Majors, Sheriffs, bailiffs, and other officers shall appoint them. And if the said Overseers shall refuse to be overseers, than every of them so offending shall forfeit ten shillings for every such default. And if any person so appointed to be Collector, shall refuse the said office, or shall (after he hath agreed to it) neglect the same, he shall loose for every offence to the use of the poor of the same place, xl. shillings. The said Collectors, and every of them, so to be chosen, as is aforesaid, shall make their just account half yearly of their said collection and gathering, to two justices of the Peace, dwelling next the said abiding place or places, not being within any City, Borough, or Town corporate: or to the Majors or other chief Officers of such Cities or Towns corporate, and when they go out of their Offices, they shall deliver or 'cause to be delivered forthwith upon their accounts, all such surplusages of their Collection and gathering, as shall then remain undistributed to be ordered by the said justices, Majors, bailiffs, or other head Officers, upon the pain of teane pounds. If any such Collector shall refuse to make his said account, or neglect the same by the space of fourteen days after request to him therefore made: then the said two justices, or one of them, may commit the said Collector to the next jail in the said County, there to remain without Bail or Mainprize, till he have made his said account, and immediate payment, and delivery of all such Susplusages as he hath received. No person or persons, having charge of any voyage in passing from the Realm of Ireland, or from the Isle of Man into this Realm of England, do wittingly, or willingly transport, bring carry or convey, or suffer to be transported, brought, carried, or conveyed, in any ship, picarde, vessel, boat, or boats, from and out of the said Realm of Ireland, or from, or out of the said Isle of Man, into the Realm of England, or Wales, or any part thereof, any Vagabond, Rogue, or Beggar, or any such as shall be forced, or very like, to live by begging within the Realms of England or Wales, being borne in the Realm of Ireland, or in the said Isle of Man, on pain of every such person or persons, so bringing, transporting, caring and conveying, either suffering to be brought, transported, carried, and conveyed in manner and form aforesaid, to forfeit and lose for every such Vagabond, Rogue, Beggar, or other person, which shall be forced, or like to live by begging within this Realm of England or Wales, being transported, and set on land in any part of England or of Wales, twenty shillings of lawful English money, to the use of the Poor of the same parish in which they were set on land, to be levied by the Collectors of the same poor for the time being, by seizure and selling of any of the goods and cattles of the same person which shall so bring, transport, carry, or convey, any such Rogue, Vagabond, or beggar, or other person which shall be forced, or like to live by begging, within the Realm of England or of Wales, to the value of the same forfeiture. THE OFFICE OF the COLLECTORS and Governors of the poor. IN every City and Town corporate within this Realm, 18. Eliz. cap. 3. a competent store and stock of Wool, Hemp Flax, Iron, or other stuff by the appeintment of the Mayor, bailiffs, justices, or other head Officers, having rule in the said Cities, or Towns corporate (of themselves, and of other inhabitants within their several authorities, to be taxed, levied, and gathered) shall be provided. And that likewise, in every other Market Town or other place, within any country of this Realm, (whereto the justices of the Peace, or greater part of them, in their general Sessions yearly next after Easter, within every limit shallbe thought meet and convenient) a like competent store and stock of Wool, Flax, Iron, or other stuff, as the country is most meet for, by appointment and order of the said justices of peace, or the greater part of them at their general Sessions, (of all the inhabitants within their several authorities, to be taxed, levied, and gathered) shall be provided. The said stores and stocks, in such Cities and Towns corporate, to be committed to the hands and custody of such persons, as shall by the Mayor, bailiffs, justices, or other head Officers, having authority in every such City or Town corporate, be appointed: and in other towns and places, to such persons, as to the said justices of peace, or the greater part of them in their said general Sessions of the Peace in their several Counties, shall be by them appointed. Which said persons so appointed, as aforesaid, shall have power and authority (by the advise of them who do appoint them, to dispose, order, and give rules, for the division and manner of working of the said stocks and stores, who shall from henceforth be called, the Collectors and Governors of the Poor to the intent every such poor and needy person, old or young, able to do any work, standing in necessity of relief, shall not for want of work go abroad, either begging, or committing priferings, or other misdemeanour, living in idleness: which Collectors and Governors of the poor, from time to time (as cause requireth) shall and may of the same stock and store, deliver to such poor and needy person, a competent portion, to be wrought into yarn or other matter, within such time, and in such sort, as in their discretions shall be from time to time limited and prefixed, an● the same afterwards being wrought, to be from time to time delivered to the said Collectors and Governors of the poor: for which they shall make payment to them that work the same, according to the desert of the work: and shall of new deliver more to be wrought, and so from time to time to deliver stuff unwrought, and to receive the same again wrought, as often as cause shall require: which Hemp, Wool, Flax, or other stuff, wrought, from time to time shall be sold by the said Collectors and Governors of the poor, either at some Market, or other place, & at such time as they shall think meet, and with the money coming of the sale, to buy more stuff, in such wise as the stocks or store shall not be decayed in value. And if hereafter any such person able to do any such work, shall refuse to work, or shall go abroad begging, or live idly, or taking such work shall spoil or embezzle the same, in such wise, that (after monition given) the Minister or Churchwardens of the parish, and Collectors and Governors of the poóre, or the more part of them, shall think the same person not meet to have any more work delivered out of the same store or stock, that then upon Certificate made under their hands, and brought by one of the said Collectors and Governors of the poor, to the hands of such person or persons as shall in that County have the oversight and government of one of the houses of Correction, in convenient apparel meet for such a body to wear, he, she, or they, from such town, place or parish shall be received into such houses of correction, there to be straightly kept, as well in diet, as in work, and also punished from time to time, as to the said persons, having the oversight and government of the said house of Correction shall be appointed, as hereafter is declared. All which stocks and stores, shall be provided and delivered to the hands of the said Collectors and Governors of the poor, at all times hereafter as occasion shall serve. THE DUTIES OF the CENSORS (or Wardens) and of the Collectors for the houses of Correction. WIthin every county of this Realm, one, two, 18. Eli. ● or more Abiding houses, or places convenient in some Market Town, or Corporate Town, or other place or places, by purchase, lease, building or otherwise, by the appointment and order of the justices of Peace, or the more part of them in their general Sessions (of the inhabitants within their several authorities to be taxed, levied, and gathered) shall be provided, and called the house, or houses of Correction: and also stock and store, and implements, to be in like sort also provided, for setting on work and punishing, not only of those which by the Collectors and Governors of the poor, for causes aforesaid to the said houses of Correction, shall be brought, but also of such as be, or shall be inhabiting in no parish, or be, or shallbe taken as Rogues, or once punished as Rogues, and by reason of the uncertainty of their birth, or of their dwelling by the space of three years, or for any other cause, aught to be abiding and kept within the same County: which said House, or houses of Correction, with stocks, stores, and implements appointed for such houses of Correction, shall be provided in every County, within such time as to the justices of Peace, or the more part of them, in their said general Sessions of the peace in every County, within their several jurisdictions, shall be thought meet and convenient, so as it exceed not two years after taxation in such County for that purpose made, or else the money levied to be repaid: and that every person refusing to pay, or not paying such sum of money towards the making, obtaining, and furnishing of the said houses of Correction, and buying of stocks, and stores, and for the relief and sustentation of such persons as shall be appointed to the said houses of Correction, as upon them or any of them, shall be (by order aforesaid) taxed, and at such time (as by the same order shall be appointed) shall for every default forfeit double so much as he or they shall be so tared unto. And the said justices of Peace, or the more part of them in their said general Sessions in every County, shall and may appoint from time to time, persons which shall be Overseers of every such house of correction, which said persons shall be called the Censors and Wardens of the houses of Correction, and shall have the rule, government, and order of such houses of Correction, according to such orders as by the said justices of Peace, or the more part of them, in their general Sessions in every County, shall be prescribed. And the said justices shall also appoint others for the gathering of such money, as shall be taxed upon any person or persons within their several jurisdictions, towards the maintenance of the said houses of Correction, which shallbe called the Collectors for the houses of correction: and if any person or persons refuse to be Collector and Governor of the poor, or Censor & Warden, or Collector of or for any the houses of Correction, every person so refusing, shall forfeit and loose the sum of five pound. And all and singular person and persons, appointed by the authority of this act to be any Collector and Governor of the poor, or Censor and warden, or Collector for any the houses of Correction in any County, City, Town corporate, or other place in this Realm, shall as often as they or any of them shall be called thereto by the persons having the appointment of them, make a just account of all such sum or sums of money or other things, as they or any of them have gathered, had, or raised in commodity, within their several collections or charge: and if any such Collector or Governor of the poor, Collector, Censor, or Warden of or for the houses of Correction, refuse to make such account, or neglect the same by the space of xiv. days next after request therefore to him made, or shall not within one week after such account rendered, yield and pay the whole arrearages, which he or they (upon such account) shall be found in, to such person or persons, as they shall be appointed unto, by them before whom their said account shall be taken: that then the said Collector, governor, Censor, or Warden, to be committed to any usual jail within the said County, there to remain without bail or mainprize, till he have made his account and payment of such arrearages as he hath received: upon the making of which account, it shall and may be lawful to such persons as have the appointment of the said Collectors and Governors of the poor, Censors, Wardens and Collectors of the houses of Correction (every of them within their authority) to allow, aswell such reasonable allowance to every the said Collectors and Governors of the poor, Censors, Wardens and Collectors of the houses of correction, for such money as they or any of them have employed or disbursed in the execution of the said several offices, as also such reasonable fees and wages for their pains taken in that behalf, as to them shall be thought convenient and reasonable. FINIS.