THE OFFICE AND DUTY of Constables, Churchwardens, and other the Overseers of the Poor: Together with the Office and Duty of the Surveyors of the Highways. Collected for the help and benefit of such as are ignorant and unskilful 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 Paul's Churchyard. 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 threatened on thee as great kindness, 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 equal judgement of such as be indifferently affected, would not be admitted as commodious, rather than rejected as superfluous, I had procured them a veil of greater brightness, which might increase 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 myself so fare 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 pass no small adventure; however for once I have ventured to commit myself 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 unskilful and ignorant in the discharge and execution of the said office.  
Constable's are inferior 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 general 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 King's highways, to collect and pay the moneys charged and raised in and upon the Country, 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, etc.  
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 now, elected and sworn.  But at this day they are usually elected and sworn at the general 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 understand what they ought to do. Thirdly, ability as well in estate as in body, that they may intent 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 choose and swear the petty Constables is the Leet; 
Where elected and sworn.  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 reform at the general quarter Sessions, who are not only 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 Sovereign Lord the King in the office of a Constable; 
Oath.  you shall see and cause his Majesty's 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 Majesty's 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 Hue and cry, and shall pursue them until they be taken: You shall do your best endeavour that the watch in your town be duly kept, and that Hue and cry be duly pursued according to the statutes: And that the statute made for the punishing of rogues, vagabonds & nightwalkers, and such other idle and wand'ring persons coming within your liberties be duly put in execution, you shall have a watchful eye to such persons as shall maintain or keep any common house or place where any unlawful games or plays are or shall be used, as also to such as shall frequent or use such places, or shall exercise or use any unlawful games or plays there or elsewhere contrary to the statute, and you shall have a care for the maintenance of archery, according to the statute. At your Assizes, Sessions or Leet, you shall present all and every the offences committed or done contrary to the statutes made and provided for the restraint of the inordinate haunting and tippling in Taverns, Inns, Alehouses & other Victualling-houses, and for the repressing of drunkenness and profane swearing; you shall true presentment make of all bloodshedding, affraies, outcries, reskues, and other offences committed or done against the King's 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, etc.  
This or the like oath may be administered 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, 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 chief 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 appertaineth to the Justice of the peace.  
By the breach of the peace is understood, 
What is the breach of the peace.  not only that actual fight, 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 King's people, whether it be by unlawful wearing of armour, or by assembling of people to do any unlawful 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-watches.   
They shall also appoint night-watches from the feast of Ascension until Michaelmas yearly, by two or more watchmen, according to the number of the inhabitants of the town, all the night from sun setting to sun 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 only to see these watches duly set and kept, 
Hue and cry.  but aught also to raise hue 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, 
watchmans how appointed.  and not at the Constable's discretion. 
Refusers to watch.  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 general Sessions of the peace there to be indicted for his offence.  
The watchmen thus appointed, may have these or the like instructions or directions given them.  
To keep the peace amongst themselves, 
Watchman's charge.  to continue their watch diligently until the Sunrising 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 pass 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 be too strong or fly them, to levy hue and cry for the apprehending of them, and to set them in the stocks until the morning, and then to have them before some Justice of peace to be dealt withal according to justice; to resort such places where they behold any candle or fire-light to know the cause, or where they hear any noise of people, especially in Taverns, Inns, and Alehouses, and finding any thereto admonish them to departed, and refusing, to compel them as aforesaid. And if any unknown person, horseman or footman shall pass by them, or that shall drive any , horse, or the like, or that shall carry any burden on horse back, cart or otherwise to stay them till the morning to justify themselves, unless 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 pass under that pretence.  
And the Constables are also to be aiding and assisting to these watchmen upon all occasion. 
Constable's must aid the watch.   
And the Constables of hundreds and of towns ought to present to the Justices the defaults of watches and of highways, 
Defaults of watches.  and of such as lodge strangers for whom they will not answer.  
If any person whatsoever (except the King's servants and ministers, 
Offensive arms.  in his presence, or in executing his precepts, or such as shall assist them, or except it be upon pursuit of hue and cry, appeasing of riots, or the like, or in going to, or from the musters) shall ride or go armed offensively, or in terrorem populi, by night or by day, in fairs, markets or any other place, the Constables may take and seize such armour from him, and may apprise and sell the same for the King's 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 remiss or negligent in the execution of this statute shall be punished according to the discretion of the Justices of Assize.  
If any great assemblies or rumour of people be made in manner of insurrection, 
Insurrections, riots, etc.  than the Sheriff, Constables, etc. having knowledge thereof, aught 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 unlawful assembly, or against any forcible entry or deteiner.  
If any man threaten to kill or wound another in the hearing of a Constable, 
One threatened.  and he who is so threatened do pray such Constable to arrest the other to find surety of the peace, then may and aught the said Constable to arrest him to go and find surety before a Justice of peace, and if he refuse to go or flieth, the Constable may imprison him in the stocks, till he have sufficient aid to convey him as aforesaid. But if he yield to go it is requisite that he take the party threatened 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 aught in the King's name to command them to departed and surcease upon pain of imprisonment, and if they will not departed but shall draw weapon or give any blow, then ought he to do his best endeavour to departed 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, than such person so hurt shall have no remedy for it.  
If the affray be great and dangerous then may he in the King's name make Proclamation, 
Make Proclamation.  that the affrayers shall keep the King's peace and departed. And if they will not departed 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 surety, especially, if any person have received hurt in the affray.  
If the affray be in a house, 
Pursuit of affrayers.  and the doors 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 County, 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 County where they are taken, to cause them to find surety for the peace. But if the affrayers fly into a franchise within the same County, 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 endeavour 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 only lawfully defend himself, but may also arrest the offenders, and carry them before a Justice of peace, etc.  
Every private man being present before, 
Private man.  or in, and during the time of an affray, may and aught to stay and part the affrayers, or any that shall come to their assistance, but may not hurt or imprison them unless some person be dangerously hurt in the affray.  
Note that it is properly no affray, 
Affray what.  unless there be some weapon drawn, or some stroke given, or offered to be given, or other attempt to such purpose; for if men contend only in hot words, this is no affray, neither may the Constable for words only, lay hands upon them unless they shall threaten also to kill, beat, hurt, or wound another.  
If one assault a man in or nigh the highway 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 only to take him to his ward, but also to carry him before a Justice of peace to cause him to find surety for the good behaviour.  
So if any man do suspect another of murder 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, etc.  
A felony being newly committed, 
Search.  the Constable within his limits may search for the fellow, or the goods stolen, for it is a chief part of their office to suppress 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, 
Seize the goods of a fellow.  it is the office of the Constable of the town to seize on his goods, and to keep them safely: for the town is to answer for the loss 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 King's officers may seize on all the goods and chattels of the offenders, but shall preserve them, dispending only so much of them, as is fit for the necessary sustentation of the owner imprisoned, without wasting or disposing of them until 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 aught 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, until 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 ability, 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, etc. then to be born by the Parish where such a felon is apprehended by an indifferent assessment to be made by the Constables and Churchwardens, and two or more of the honest inhabitants there, by allowance of one Justice of peace.  
The Constable having received a hue and cry for any felony, 
Hue and Cry.  murder, robbery, etc. aught 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 lawful 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 days after the robbery committed  
And the inhabitants of any other hundred wherein negligence or defect of pursuit and fresh suit shall happen shall answer and satisfy the one moiety to the hundred so damnified.  
And when hue 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 express in writing to the pursuers the quality of the thing stolen, with the colour and marks, and also to describe the number of the felons, their horse, apparel, etc.  
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.  etc. and at the cry of the Country to pursue and arrest felons upon pain to be grievously fined. And every man is a sufficient Bailiff or Officer to apprehend him that is pursued by hue and cry; and if he be taken with the thing supposed to be stolen, 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 man's house to apprehend a fellow, 
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, etc. And if any township shall not observe this order for the attaching and punishing of the said vagabonds, than 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 pass or certificate or without, and every one that carrieth any manner of pass, 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 passports 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 carried 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 wand'ring and misordering themselves, all persons which cannot render a lawful account of their travel, all Irish people wand'ring and begging under any pretence whatsoever, all persons calling themselves scholars going about begging, all seafaring men pretending loss of their ships or goods going about begging, all idle persons going either about begging or feigning themselves to have knowledge in Physiognomy, Palmistry, or other like crafty science, or pretending that they can tell destinies, fortunes, or such other fantastical imaginations; all persons calling themselves Proctors, Procurers, Patent-gatherers, or collectors of gaols, prisons or hospitals; all Fencers, Bearwards, common Players of interludes, and Minstrels wand'ring abroad being not lawfully authorised; all Jugglers, Tinkers, Pedlars, petty Chapmen and Glassemen wand'ring abroad, all wand'ring persons and common labourers, being of able bodies, using loitering 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 loss by fire or otherwise, and all persons not being felons wand'ring and pretending themselves to be Egyptians, & all persons wand'ring in that habit, form, or attire of Counterfeit Egyptians.  
Soldiers and Mariners which have been pressed for their country's service, 
Soldiers and Mariners.  and shall return from beyond the Seas disabled, or otherwise, and shall bring with them a lawful discharge under the hand and seal of the general 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 pass or landing-brief made them, wherein they are to be allowed a competent time to travel the next strait 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 pass, who is to allow them sufficient means to convey them to the next Treasurer until they arrive at the place limited. And if any soldier or mariner (other than such as have suffered shipwreck) whether he have a pass 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, unless through sickness or other apparent infirmity, he be disabled to travel with his aforesaid allowance betwixt one Treasurer and another, and in these cases to be relieved only by the Constable. And if such a soldier or mariner shall departed from his colours or Captain without a lawful discharge, or shall counterfeit such testimonial, or shall carry any such knowing it to be false and counterfeit, or shall wilfully exceed such testimonial fourteen days, or shall not settle himself in some lawful calling, but live idly, it is felony of death in all these cases, and the Const. knowing or suspecting the same aught to apprehend the offender, etc. And every Const. may examine all soldiers & mariners hereof, as also of their return from the wars, etc.  
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 advice of the Minister and one other of the parish, 
Punishing of rogues.  upon the apprehension of every such rogue as aforesaid, shall cause them to be stripped naked from the middle upward, and to be openly whipped until his or her body be bloody, & then to be sent from parish to parish by the officers thereof, or other sufficient guide with a pass, the next strait way to the parish where he or she was born, or last dwelled by the space of a year (as the case is) or being unknown, to the parish where he or she was suffered last to pass unpunished.  
Rogues are either such as never had any certain dwelling or place of abode, 
Two kinds of rogues.  or such as have had or have some settled dwelling or place of abode, the first of these are to be sent to the place of their birth, being known; or being unknown, to the house of correction or gaol thence to be bestowed in some service, 
How to be settled.  hospital, etc. the second are to be sent to the place of their last settling by the space of a month, etc.  
The form of the said Pass or Testimonial may be this.  
A. B. 
Testimonial of a rogue.  a sturdy rogue of middle stature, etc. being taken begging and vagrant in the parish of Shep. in the County of Cambridge, and there punished this day of J. 1639. according to the statute: These are therefore in his Majesty's name to charge and command you to whom it doth appertain, to convey the said A. B. from parish to parish by the officers thereof the next and ready way to the Town of D. in the county of N. where he or she affirmeth he doth dwell, or did last inhabit, or was born, (as the case is) there to be provided for according to the law, and for his or her travel to the place aforesaid is allowed days and no longer, at his and your peril; Sealed and subscribed the day & year above written. By us, 

S.W. Minister,  
H.R. Constable,  
I.G. Parishioner.   Or any two of them, the Constable to be one.  
And if such rogue (through his own default) do not accomplish the order of such Testimonial, then is he or she to be whipped at every place for every such default, 
Again punished.  till he or she repair to the place limited. And this Testimonial is not to be committed to the hands of the rogues, but is to be conveyed together with such rogue by the officer himself, or other sufficient guide, who is to deliver both to the officers of the next parish, 
How conveyed,  till etc. and if default be made by the officer, he may be indicted therefore.  
Rogues sent as aforesaid, 
And used.  are to be lodged and allowed some small relief in their said travel by the Constables of the township through which they pass or lodge, and are not to be suffered to beg. And if any officer shall relieve or harbour any, or in any other manner than is expressed, he shall not only bear the loss thereof himself, but shall also forfeit the sum of ten shillings.  
Constables are not to post away such persons as shall come or be sent unto them that are desperately sick, 
Directions in passing of Cripple● and Vagrants.  or women with child ready to be delivered, but are to keep such till they recover strength; for by this means many have perished: neither are they to deliver any vagabonds or cripples to the next Constables after sunset, or to convey such, especially cripples by horse or cart upon the Lord's day, upon pain of punishment.  
And the Constables that shall send a rogue, etc. 
General passports.  by a general passport without conveying him from parish to parish, or that shall refuse to receive a rogue sent, or doth not convey and deliver him to the officers of the next parish, in all these cases he shall forfeit five pound, 
Hinderers of their punishment.  and be bound to his good behaviour; and so shall every other person that in any wise shall hinder or disturb the execution of the law, concerning the punishing and conveying of rogues, etc. and every person that shall receive, relieve, or harbour any rogue or vagabond, and shall not apprehend and carry them to the Constable to be punished and conveyed shall forfeit for every default ten shillings.  
Constable's shall answer for every rogue or vagabond that shall be seen to pass the town unpunished, 
Relieving and harbouring & not punishing rogues.  and his absence shall not excuse him; for he is by himself, the watchmen, or other sufficient deputy to be always present.  
None shall be suffered to straggle and beg within their own parishes, 
None shall beg.  but are to be relieved by work or otherwise at home, and if in any parish there be found any persons that live out of service, or that live idly, and will not work for reasonable wages, or live to spend all they have at the Alehouse, those persons are to be brought by the high Constable and petty Constables to the Justices at their monthly meetings, there to be ordered and punished as shall be found fit.  

Searches shall be made for rogues.  General privy searches shall be made twice at the least every year in every Hundred Town and Village by the appointment of the Justices for the finding out of all rogues, wand'ring and idle persons, and for the bringing of them before the said Justices at their said meetings to be punished and conveyed, or being incorrigible to be sent to the gaol, etc. And if the chief or petty Constable shall not appear as aforesaid, or shall not give an account upon oath in writing, and under the hand of the Minister of every parish, what rogues and vagabonds they have apprehended both in the same search, as also between every such assembly and meeting, and how many have been by them punished and otherwise sent unto the house of correction, they shall forfeit such fines as by the said Justices shall be thought fit, not exceeding 40. shillings. 
St. 39 Elis. cap. 4.  And the Minister shall forfeit for every default five shillings. 
Incorrigible rogues.   
Incorrigible rogues are such as shall appear either to be dangerous to the inferior sort of people, or such as will not be reform of their roguish kind of life.  
The Constable is to execute the said punishment of whipping; either himself, 
Whipping of rogues.  or by some other by his appointment.  
Majors, Sheriffs, Bailiffs, 
Unlawful games.  Constables, and other head-officers within every City, Borough and Town, within this Realm, aught, under pain of forty shillings for every default, once every month at the least to make search, as well within liberties as without, in all places where any unlawful games shall be suspected to be kept or used, and may arrest and imprison as well the keepers of such places as the haunters of the same, till they be found no more to keep or haunt such places. And if any such officer as aforesaid shall find or know that any artificer, craftsman, husbandman, apprentice, labourer, servant at husbandry, journeyman, or servingman doth play at the Tables, Dice, Cards, Tennis, Bowles, Close, Coyting, Logatine, or any other unlawful games invented or to be invented, out of Christmas time, or out of their Master's house or presence in the Christmas time, unless 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 master's house, garden or orchard, such officer may commit every such offender to Ward, till he be bound by obligation to the King'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.  
The Constables are likewise to have care for the maintenance of Archery, 
Archery,  according to the stature, that every person not being lame, or not having other impediment, being within the age of threescore years, (except spiritual 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.  Churchwardens, Headboroughs, Tithing-men, Alecunners and Sidemen shall in their several oaths incident to their offices be charged to present the offences done contrary to the statutes made for the repressing of drunkenness, and other disorders, in Inns and Alehouses.  
Constables and other inferior officers shall every of them once in every fifteen day's search and inquire the defaults and disorders of Inns 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, Pedlars, vagabonds or other suspected persons, or by suffering of tippling drunkenness, etc. or by selling by unlawful measures, or measures unsealed, or less than one full ale-quart of their best ale or beer for a penny, and two of their small.  
And of Innkeepers that use their Inns as Alehouses, by uttering their ale or beer out of doors, or by suffering of drunkenness, tippling, 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 distress by like warrant do not openly punish the offender by whipping him, shall be imprisoned until he do the same, or pay the sum of forty shillings, or if he shall not by like warrant levy the sum of five shillings upon the person convict of drunkenness, or set the party in the stocks six hours, or shall not levy the sum of three shillings four pence for unlawful tippling, or set the party in the stocks four hours; and of the Innkeepers and Alehousekeepers for their offence and permission of these disorders the sum of ten shillings for each of them, or shall not levy the sum of twenty shillings for selling their beer or ale under the assize, shall in every of the said cases forfeit the sum of ten shillings.  
All Constables, etc. 
Constable's 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 general quarter Sessions of the peace, and of all offences committed and done against any of them, and of all bloud-sheddings, affraies, outcries, reskues and other offences done and committed against the King's peace within their several limits or power to make fine.  
The petty Constables of parishes, 
Shall present offences at the Assizes.  because their personal appearance at the general Assizes and gaol-delivery is not required, shall in convenient time before every Assize bring their presentments and answer of the Articles of the said Justices of Assize, 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 testify so much. And if any petty Constable be remiss herein, the chief Constable, who is to receive these presentments, and to certify them with his own at the said Assizes, shall do well to acquaint the Justices of that Division therewith before the said Assizes, that such petty Constable may receive due punishment for his neglect, upon pain of like punishment himself.  
The Constables, etc. 
Shall execute the precepts of Justices of peace.  aught also to show 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 authority 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 warrants.  aught with all convenient speed and secrecy to seek and find out the party, and to execute the same, requiring the party in the King's 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 withal to require and charge him in the King's 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 express 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 justify 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 certify his proceed in this behalf.  
A warrant is directed from a Justice of peace to bring one before him, such officer shall carry the party before that Justice: but if it be to bring one before himself or some other Justice, etc. 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 complainant 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 until he can find out sureties, but he may lawfully keep him until he can get surety.  
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 man's house to arrest the offender: But note that the officer before he break open the house or doors must first signify the cause of his coming, and desire that the doors may be opened to him.  
Every man that shall be required aught to assist the officer in the execution of his warrants, and to pursue and arrest offenders 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 tortuous, and the officer subject to an action of false imprisonment; for the officer ought to pursue the very letter of his warrant.  
A Constable etc. 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 etc.  
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 justify the kill of such a party, if it be so that he cannot otherwise possibly take him; the like may be done with a fellow that is sent to the gaol, if he shall resist or fly.  
If the party against whom any lawful warrant is granted shall make resistance, or shall make an assault upon the officer, or shall fly, the officer after arrest may justify the beating or hurting of him, and may also imprison him in the stocks for the same; but if the party refuseth or flieth before the arrest, the officer cannot justify 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 fellow 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 lest any officer may flatter himself, in thinking he may escape with some easy fine, let him know that the Judges of his fault may set his fine equal with the value of his goods, if the quality of his default do so require.  
The High Constables, 
Constable's attendance at the monthly meetings of the Justices.  petty Constables, Churchwardens and other the Overseers for the poor of every Hundred, Parish and Village, shall attend the Justices at their monthly 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, etc. 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, condign punishment to be inflicted upon them by the Justice's 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, petty Constables, Churchwardens and Overseers for the poor, at the said monthly meetings of the Justices. 
IMprimis, 
I Hue and cry, Watch and ward.  you shall diligently inquire and certify whether hue 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 safety and good order, be duly observed and kept, and by whose default the same hath been neglected.  
You shall inquire and certify who have been remiss and negligent in apprehending of such rogues and vagabonds, 
2 Apprehension and punishing of rogues.  what Constables have been remiss in receiving, punishing and conveying them, and who by any ways or means have hindered 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 punished.  
You shall inquire and certify, 
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 idly, or that will not work for reasonable wages, or live to spend all that they have at the Alehouse.  
You shall inquire & certify what Taverns, Ins, Alehouses, 
4 Inns and Alehouses.  or other victualling houses, are within your precinct, who keep the same, and how long have they so kept them, & by what authority, and which are licenced and by whom, and which are not; and whether those that are licenced, be fit as well in regard of themselves, as their dwelling, and whether they sell their beer and ale according to the assize, that is to say, lawful measures sealed and allowed, and not less than a full ale-quart of the best beer or ale for a penny, and of the small two full ale quarts for a penny. what haunters of Taverns, Inns and Alehouses are there within your liberties, and what are their names, etc. Which of those Inns entertain people to sit tippling and drinking as Alehouses; who have been drunk or have sitten tippling in any one of them, since the last monthly meeting, and in what Tavern, Inn or Alehouse hath the same happened; and which of them hath kept ill orders, by maintaining of play, receiving of Tinkers, Pedlars, vagabonds or other suspected persons.  
You shall inquire and certify whether your Bakers and Brewers do keep the assize according to the Statutes; 
5 Bakers and Brewers.  Bakers after the now prizes, viz. Wheat being forty shillings the quarter, the weight of the penny white loaf drawn from the fine cocket eight ounces four penny weight, the weight of the penny white loaf drawn from the course cocket twelve ounces three quarters, the weight of the penny household 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 than thirteen penny loafs to the dozen. Whether common brewers do serve their beer and ale to any alehouse 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. Engrossers. Regraters.  what forestallers, engrossers, and regraters of corn or other dead victual or fuel, what tradesmen or other that sell any kind of commodities by false and unlawful weights or measures, 
False weights and measures.  or things made in deceit: what victuallers or others are there which sell their victual at excessive prices, or things unwholesome; and whether your millers do take excessive toll for grinding, 
Miller's.  or by heaped measure, or use other falsehood.  
You shall inquire and certify what Bridges, 
6 Highways Bridges, etc.  Causies, and Highways are in decay within your limits, and through whose default the same hath happened, and whether your ways 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 certify whether the twelve pence forfeited for absence be required and received, and duly employed upon the poor, and of whom it hath been levied, and of whom neglected, 
Profane swearers.  and what profane swearers or cursers are in your parish.  
You shall inquire and certify what stocks of money are provided in every parish for the setting the poor on work, 
8 Stocks of money to set the poor on work.  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 poor 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 sum or sums of money hath been given to each of them, and what poor people's 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 certify what private gifts have been given in every parish for the relief of the poor or other charitable uses, 
9 Private gifts.  and whether is the same continued and employed according to the will of the donour; if not how long hath the same been discontinued or misemployed, 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 poor.  
The Constables of every town, 
Constable's 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, than 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 general 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. 
How raised.   
Constable's rates (in country towns and villages) are usually raised by land, yet where the Statutes in particular cases give no special direction, it is good discretion to go according to the rule of taxations for the poor: 
What estates and persons are liable to them.  All estates and conditions, as well Spiritual as Temporal, are by some thought to be liable to these taxations, but then they distinguish them in this manner: 
43. Elis. cap. 3.14. Elis. cap. 5.1. Jac. cap. 25.  The Constable's rate (say they) consisteth of sundry particulars, that is to say, of quarterly payments for the relief of lame soldiers, marshalsies, and prisoners of the gaol, 
All Ecclesiastical persons are included in the general words of the statutes, person or persons.  the conveying of cripples, wandering people, and the like, all which are acts of charity, expenses in martial affairs, musters, training and levying of soldiers, 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) compositions for purveyances and carriages for his Majesty and his household, 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 Majesty's 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 poor 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 Majesty 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 certainty, 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 avoiding 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 lose 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 useful and ordinary in the discharge and practice of their said office, and for avoiding 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 petty 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 watches and highways.  and to all other Justices thereto assigned of the defaults of watches, and the defaults of the King's highways 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. 
Unlawful 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 terror of the King's people, and may seize and take away such arms.  

Collections for soldiers, and prisoners.  
43. Elis. cap. 3.  The chief Constable that hath received the moneys appointed for the relief of maimed Soldiers and Mariners, and for the prisoners of the King's bench and marshalsea, failing to pay the same at the next quarter Sessions following, shall forfeit for every default forty shillings, 
14. Elis. cap. 5. 1. Jac. cap. 25.  or in making such quarterly payment of such sums 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 workers.  Chief Constables of hundreds may hear 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.  
Highways  By estreats indented from the Clerk of the peace, or by Stewards of leets, the Constables of the hundred, may levy by distress the forfeitures for defects in repairing of High ways.  

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 monthly absence from Church of all popish recusants within such parishes, and the names of their servants and children being above nine years old, etc. at the general 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.  

Purveyors. 2. & 3. Ph. & Mar. cap. 6.  The name or mark of every high Constable or petty Constable, etc. shall be subscribed to the blanks expressed in the King's Purveyer's Commission, in which shall be fairly written all such beefs, weathers, etc. with the prices of the same as shall be levied or purveyed, etc. and to whom any precept is directed, or shall be privy to the delivery. And such Purveyor, etc. shall make and deliver unto the said high Constable, etc. a docket or brief in writing subscribed with their names a particular of the things purveyed, which dockets or briefs the said Constables, etc. shall deliver over to the Justices at their general Sessions, etc.  

Petty Constables.  
23. H. 6. cap. 4.  If any person shall without lawful bargain take or purvey any thing of any of the King's subjects to the use of any other than 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 until he answer the law.  

Purveyors shall pay.  
20. H. 6. cap. 8.  The King's 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, etc. of the place being thereunto required aught 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 purveyor 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.  
Purveyors.  The King's 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 four of the goodmen of the town where the taken shall be, who are to be appointed by the Const. & 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 victual shall endure above six months; and it shall be written in the English tongue.  

Cart-takers.  
28. H. 6. c. 2.  No Purveyor &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 take 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 loss 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, shearing, 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 days and one night.  

2. & 3. Ph. & Mar. cap. 8. 29. Elis. cap. 5.  
Surveyors of highways.  The Constables & Churchwardens 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 Surveyors of the work, for amendment of the high ways within their parish, leading to any market town; and then ought also to appoint six days for the amendment of those ways before Midsummer than next following, and aught also openly in the Church the next Sunday after Easter to give knowledge of the same six days, 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 soldiers 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 assess within their Parish the tax imposed upon the same by the Justices, for the relief of maimed Soldiers and Mariners, and for the Prisoners of the King's Bench and Marshialsies, and may also levy the same upon any parishioner by distress 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 days 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, aught 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 only excepted) but that the same shall have the space of three weeks at the least in the fat, floor, steeping and sufficient drying thereof, and in these three months, the space of seventeen days 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.  etc. may yearly in time of Lent enter into the houses of victuallers, and finding there any beef, mutton, veal or hog's flesh, except flesh to be killed three days before Easter, may seize the same as forfeit, and may give it to prisoners or other poor folk at his discretion.  
The Constable, 
1. Jac. cap. 31.  
Plague.  etc. 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 ten 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 Alehouse without licence, shall be imprisoned until he do it, or pay forty shillings for his contempt.  
The Constables, 
Stoned horse.  
32. H. 8. cap. 13.8. Elis. cap. 8.  etc. 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 County of Cambridge, or the Isle of Ely, etc. according to the Statute, that shall refuse to do the same, or do not truly measure such horses, shall forfeit for every such offence forty shillings. And so shall that Constable within whose precincts and limits such Moors, Commons, Fens, and Marshes, etc. be not yearly, at the feast of S. Michael the Archangle, or within fifteen days 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, etc. 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 until it be done.  

3. Jac. cap. 4.  
Popish Recusants.  The Constables of Parishes and Villages, shall once a year present the monthly absence from Church of all Popish Recusants, etc. upon the like penalty as is before declared of the chief Constable, and shall have the like reward, etc.  
The Ruler, 
5. Ed. 4.3. Acc sur le case B. 76.  Constable, 
Lodging of travellers.  or other Officer of any Town, may compel any common Inne-holder or Alehousekeeper, to lodge such as travel.  
The Constable, 
Servants departing.  
5. Elis. cap. 4.  etc. under his seal, and two honest householders shall make this testimonial, for a servant retained in husbandry or in any the Arts appointed by the Statute of labourers, whose time of retainour being expired, shall departed 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 County of C. Husbandman, or Tailor, etc. is licenced to departed from his said master, and is at liberty to serve elsewhere, according the Statute in that case made and provided, In witness whereof, etc. Dated, the day, month, year and place of the making thereof. 
And if such person be accepted into any other service without showing such testimonial to the Constable, etc. of the place where he shall be accepted, he shall be imprisoned till he procure such a testimonial; which if he do not within twelve days next after the first day of his imprisonment, he shall be whipped as a vagabond.  

Hue and cry.  The money recovery upon the hundred by the party rob, 
27. Elis. cap. 13.  and assessed by the Justices upon the statute of hue and cry, shall be levied by the Constables ratably, by distress 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 etc. 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 certify 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 special 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, remiss, or negligent therein, or in any wise in the execution of their office, 
Commis. 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, etc. against contentious suits prosecuted against them for the lawful execution of their office.  information or suit upon the case, 
7. Jac. cap. 5.21. Jac. cap. 12.  trespass, battery, or false imprisonment shall be brought or commenced against any Justice of peace, Mayor, Bailiff of City or Town corporate, Headborough, Portrecue, Constable, Tithing-man, collector of subsidy or fifteen, Church wardens, & persons called sworne-men executing the office of Churchwarden or Overseer of the poor, 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 County where the trespass or fact shall be done or committed, and not elsewhere, and it shall be lawful to, and for all and every person or persons aforesaid to plead thereunto the general issue, that he or they are not guilty, and to give such special matter in evidence to the Jury which shall try the same, which special matter being pleaded, had been a good and sufficient matter in law to have discharged the said defendant of the trespass or other matter laid to his charge. And if upon the trial of any such action, etc. the plaintiff therein shall not prove to the Jury which shall try the same, that the trespass, battery, imprisonment, or other fact, etc. was, or were had, made, committed or done within the County wherein such action bill, etc. shall be laid, that then in every such case the Jury which shall try the same shall find the defendant in every such action, etc. not guilty, without having any regard or respect to any evidence given by the plaintiff therein, touching the trespass, etc. for which the same action etc. is or shall be brought. And if the verdict shall pass with the defendant, in any such action, etc. or the plaintiff therein become nonsuit, or suffer discontinuance thereof, that in every such case the Justices or Justice, etc. 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 wrongful vexation in defence of the said action, etc. 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 Poor.  
THe Churchwardens of every parish, 
Overseers chosen.  
St. 43. Elis. cap. 2.  and two or more substantial householders there shall be nominated and appointed yearly in Easter week, or within one month after Easter, under the hands and seals of two or more Justices of the peace in the same County, etc. to be Overseers for the poor 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 poor to work.  and also for setting to work of all such persons married or unmarried having no means to maintain them, or having no ordinary and daily trade of life to get their living by: 
To raise. sums 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 what.  houses, tithes impropriate, or propriation of tithes, coal mines, or saleable underwoods' in the said parish, in such competent sum and sums of money as they shall think fit for the raising of a convenient stock of flax, hemp, wool, thread, yarn, and other necessary ware and stuff to set the poor on work. 
Materials to set the poor on work.  And also to raise competent sums of money for and towards the necessary relief of the lame, impotent, 
To relieve the impotent.  old, blind, and such other among them, being poor and not able to work: And also for the putting out of such children to be apprentices, 
To put out apprentices, etc.  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 poor chief consisteth in setting the poor on work, in relieving the impotent, and in putting out poor 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 raising or making of rates these three things are most considerable.  
1. The persons who are to make the rates.  
2. The circumstances observable in the making of them.  
3. The persons and estates that are chargeable to them.  
First the persons that are to make them, are the Churchwardens, and other the Overseers of the poor, or the greater part of them, with the consent of the Justices, etc. particularly appointed and assigned by the said statute to raise rates for the purpose aforesaid, and doubtless warrantably may do the same without the assistance and allowance of the other parishioners, yet for the avoiding of all exception these officers shall do well to give public notice to all, or so many of the said parishioners as will assemble to be present at the making of them.  
2. The circumstances to be observed in the making of rates, these rules may be considered.  
First that they be competent and proportionable▪ competent in regard of the ability of the parish, and of the occasion for which they are raised; proportionable in regard of the persons and estates that are to contribute unto them.  
Experience hath found it the best, surest, and most quiet way of rating of land by the quantity or content of acres, and not by the yearly rent, value or quality thereof; to wit, arable to be rated with arable, pasture with pasture, meadow with meadow (in the same town) having respect to the quality of the two last, in rating them double with the arable, or more or less according to the condition thereof.  
Dwelling-houses are not to be rated which serve only to sleep in, and in Country towns and villages yield little or no rent at all, but serve only for helps and adjument for the better maintenance and disposing of lands belonging to them.  
He that occupieth in his own hands lands lying in several parishes is chargeable in every parish proportionably for his land there.  
The farmer shall be rated for the land he occupieth, and not the leasour or landlord.  
A man shall not be rated for his farm-rents; for that the farmer or occupier of the land is charged for the same land, whether the rate be made by land or stock.  
By goods in most cases a man may be rated as well as by land, but seldom by both, unless for the poor, 
N. Resol. 18.  for which the land is to be taxed in the first place equally and indifferently, with an addition for the visible ability of the party according to good discretion, but the common custom is that he that hath both lands and goods is charged only by the best of them.  
In the same rate one man may be rated by his land and another by his goods.  
Where a man is taxed by his goods, it seemeth reasonable that such goods be rated after the valuation of lands to be purchased, sc. one hundred pounds in stock or goods after five or six pound a year in lands.  
Where a man is charged by goods they must be such as the party charged is certainly known to have within that town at the time of the rate-making.  
The third and last thing observable in the making of rates, are the persons and estates that are liable unto them.  
All manner of persons as well spiritual as temporal, 
All person and estate, liable to these rates.  
43. Elis. cap. 2.  of what estate, quality, condition or degree they be of, are hereby chargeable, unless these officers, (as in good discretion they ought) spare the poor labourer, cottager, and hired that have no considerable personal estate.  
All estates, lands and possessions whatsoever seem chargeable to these rates, which yield a clear and certain profit, 
† N. Resol. 14.  as well the not guildable as the guildable, yea although the same be not annual, as 
† Old Resol. 19  underwoods, etc. sheep-walks, mills, dove-houses, etc. are in like manner chargeable; but herein consideration is to be had of the casualties, charges and disprofits issuing out of them.  
Parsonages or tithes are charged by the statute to contribute to these rates, 
Parsonages how chargeable.  and where they have the full tenth of the annual profits arising out of the parish, there to pay the tenth; and so proportionably as they receive profit in that respect, paying also for their glebeland ratably by the acre, as other men pay for theirs.  
If a parishioner, 
Bringers in of foreigners.  etc. shall bring into the parish without the consent of the parish a stranger of another parish, which is (or apparently is like to be) burdensome to the parish, such person may be taxed to the charge of the rates for the poor there, not only having respect to his ability or land he occupieth, but according to the damage or danger he bringeth to the parish by his folly.  
Secondly in the levying of rates these things may be observed. 
Levying of rates.   
1. 
Distr. Saac. 51. H. 3 28. Ed. 1. c. 12.  What goods properly by the law are to be distrained.  
2. Where and how long a distress may be kept and detained.  
3. How and in what manner the same shall be apprised and sold.  
No man shall be distrained by his beasts which till his land, nor by his sheep, 
What goods are distrainable.  neither a Tradesman by his tools wherewith he getteth his living, etc. so long as any other sufficient distress may be had, except it be impounding of beasts which a man finds damage pheasant, according to the custom of the Realm.  

Distress shall be reasonable.  
51. H. 3. cap. 1, 4.52. H. 3. c. 1.2, 3.28. Ed. 1. c. 12.  Distresses shall be reasonable according to the quantity of the debt or damage, and not grievous, and he that taketh unreasonable and excessive distresses shall be amerced.  
No distress shall be driven out of the County where it was taken, 
Where distress shall be impounded.  
51. Hen. 3. c. 52. Hen. 3. cap. 4.3. Ed. 1. cap. 16.9. Ed. 2. cap. 9  nor out of the hundred, rape, wapentake, or lath, except it be to a pound overt within the same shire, being not above three miles distant from the place where it was taken: 
1. & 2. Phil. & Mar. cap. 12.  none shall impound in several places goods distreined for any cause at one time, nor shall take above four pence for the impounding of any one whole distress, nor shall distrein out of their fee, or in the King's highway or common street, but the King's officers only having special authority so to do; nor in the fees of the Church, nor shall take wrongful distress, or without authority.  

Distr. Scac. 52. H. 3.  The owner without disturbance or paying any thing therefore, may give his beasts meat of his own, while they remain in a pound overt.  
If a distress be taken of any householdstuff or the like, that may take hurt in a pound overt, these officers may keep and detain the same in their own hands till satisfaction made.  
By the ancient law, 
Distr. Scac. 52, H. 3.  
How long distress may be kept.  no  nor other distress taken for the King's debt, nor for any other thing was to be sold or given within fifteen days after the taking thereof. But this Statute of the 43. of Elis. 
43. Elis. cap. 2.  limiteth no time for detaining the distress before sale, as in some other statutes you may observe it doth, and must follow the direction thereof: these officers upon refusal of the owner to redeem it may instantly sell the same.  
A distress thus taken and detained, 
Distress how apprised and sold.  these officers (upon the owner's refusal, or neglect within some reasonable time to redeem it) shall procure two or more honest substantial and indifferent persons to apprise and value the same, and then upon refusal of the owner to redeem it, may make present sale thereof according to the said apprisement, rendering to the owner the overplus that shall remain upon the said sale.  
The principal work of these officers is the well ordering and disposing of these rates, which especially tendeth to these ends.  
1. To set the poor on work.  
2. To relieve the impotent.  
3. To put forth apprentices.  
In the setting the poor 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 employed.  

St. 43. Elis. cap. 2.  
Who shall be set on work.  First and principally it regardeth the training up of children by a timely education and employment 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 only be able to maintain themselves but become profitable members of the commonwealth. In like manner all other persons as well men as women, married or unmarried, young or old, that want means and have no ordinary and daily 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 only 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 poor, 
43. Elis. cap. 2.3. Cham cap. 4.  
Who shall set the poor on work.  or the greater part of them are not only by this Statute 44. Elis. specially enabled to set the poor on work, but are also further enabled 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 poor 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 kingdom, whereby the commonwealth may receive profit, the poor relief, the several town-ships ease, and God in all may have the glory  
This statute ordaineth, that there be a convenient stock of flax, 
Where with the poor are to be set on work.  hemp, wool, thread, 
43. Elis. cap. 2.  yarn, etc. provided in every parish to set the poor on work: but these officers are not precisely tied to the very letter concerning the materials therein mentioned, wherewith the poor are to be set on work, as may be observed by these words, and other necessary ware and stuff; for all countries 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 relieth much upon the discretion of these officers, together with the direction of the Justices of the peace.  
The women and children may be employed in spinning and carding of woollen and linen, in knitting &c. gathering of stones to mend the highways, and the like. The men and those of able bodies in beating of hemp, working of yarn, or such like. And in Countries where these commodities are not to be had, public works may be devised by these officers for the good of their towns, and the commonwealth; as repairing of Highways, Cawsies, Bridges, Banks, draining of fens, 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 Majesty.  
And here by the way I hold it not unfit to remove this common objection, 
Loss of the town-stock a common objection.  which seemeth much to hinder and discourage these officers from a willing and cheerful proceeding in this course, namely, the usual loss and decay (as is pretended) of the townstocks. To this it may be answered, that whatsoever the loss is, it is fare short of the benefit, that both that particular town and the whole County receiveth by their employment; besides if these officers will be faithful 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 less loss. And if they find the said stuff diminished beyond the ordinary loss, 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 levied upon their goods, where they be able; or not having wherewithal 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 loss themselves. Nor is it sufficient that these officers make return of the town stock once in the year only, (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 poor to set on work, which for the most part is otherwise yet being so the stock ought not to lie idly, but may be employed in buying of breadcorn, fuel, or such like at the best hand for the benefit of the poor.  
The second general work of these officers in the disposing of rates, is to relieve the impotent.  
And herein consideration may be had of three sorts of poor, 
Impotent poor to be relieved.  and how every of them shall be relieved.  
1. 
Three sorts of impotent poor.  Impotent poor by infirmity. Fatherless children educated; Aged, blind, lame, diseased persons relieved and harboured.  
2. Impotent poor by casuality. Wounded soldiers, decayed householders, visited and sick persons relieved.  
3. Impotent poor by unthriftiness. Riotous spenders, vagabond loiterers, 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 poor and other purposes, 
Taxations raised in time of scarcity.  mentioned in the Statute of 43. 
Car. Re. Direct. 5.  Elis. be in times of scarcity 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 poor of any parish, 
Private gifts not to lessen public rates.  such gift to be no occasion of lessening the rates of the parish.  
The last, but not the least, general duty required by this Statute of these Officers, 
Apprentices.  is the putting out of poor 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 only 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 poor 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 sickness 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 what age they may be put forth.  at what age children of both sexes shall be put forth apprentice, this Statute giveth no special 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 ten and sixteen; but yet by consent, or in some special 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 until he come to the age of four and twenty years; a woman child, until she come to the age of one and twenty years, or marriage.  
And none are compellable to be bound apprentices, 
5. Elis. cap. 4.  that are one and twenty years old or above.  
Thirdly, the Churchwardens and Overseers for the poor, 
Who shall put forth apprentices  or the greater part of them, are not only specially enabled by this statute to raise competent sums 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 several branches of that Statute, 
43. Elis. cap. 2.  
Two ways of putting out of apprentices.  there seemeth to be a twofold way of putting forth of apprentices; the one by raising sums 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 doubtful; 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, etc. may levy the same by distress 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 ability, using Husbandry or the like, who are thought compellable by the Statute to take them, and for refusal may be bound to the Sessions or Assizes, 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 entice 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 enjoined the masters to pay sums 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 special consideration.  
Every person, 
N. Res. 3, 4.  
Who shall take apprentices.  as well Clergymen as others, who by their calling and profession, or manner of living entertaineth and must have use of other servants of the like quality, must entertain such an apprentice; wherein discretion must be the guide, upon due consideration of circumstance.  
And doubtless every person of wealth and ability, 
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 poor, or may be compelled to give a sum 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 special regard had to these circumstances: The Master, the Child, the Faculty, the Parents.  
1. The Master, 
Master.  as well for his ability, as honesty; for otherwise by hard usage, they may provoke their apprentice to run away.  
Secondly, 
Trade.  his trade and employment, lest the apprentice waste and consume his time without learning any thing and so be made worse than 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 idleness, for than 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 idly.  
These Officers, or such of them as shall not be let by sickness, 
43. Elis. cap. 2.  or other just excuse (to be allowed by two Justices of peace) shall meet together, at the least once every month 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 four days 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 sums of money by them received, or rated and sessed and not received, and also of such stock as shall be in their hands or in the hands of the poor to work, and of all other things concerning their said office. And such sum or sums 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 lawful cause, as aforesaid, from such monthly 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 sums of money by them received, or rated and not received.  
2. Of all such stock of ware and stuff, as they or any of the poor 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, etc. in their parish, to wit, all such as are of ability, and with indifferency.  
4. Whether they have endeavoured to levy and gather such assessments.  
5. Whether they have distributed the same with indifferency and without partiality.  
6. What poor 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 poor to wander and beg, either within their own parish or elsewhere.  
9 Whether they have monthly 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 several forfeitures appointed by the Statute, etc.  
And if they be found remiss and negligent in any of the premises, etc. they shall forfeit twenty shillings for every default.  
And if the Churchwardens and other the Overseers of the poor, 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 until 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 levied upon their goods by distress and sale thereof; and in defect of such distress may commit him or them to the common gaol, there to remain without bail or mainprize until payment be made of the said sum, arrearages and stock, etc.  

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 Manor, whereof any waist or common within their parish is or shall be parcel, 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 general 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 waist and common (at the general 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 poor, and also to place Inmates, or more families than one in one house or cottage, which cottage and place for Inmates shall not at any time after be used or employed to or for any other habitation but only for the impotent and poor of the same parish, that shall be placed from time to time by the Churchwardens and Overseers of the poor 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 year 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 Churchwardens by the common law.  that is to say, persons enabled by that name to take movable 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 waste the Church goods.  and therefore they cannot give away, release or waste 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 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, because Churchwardens are not by law allowed to be a corporation for any other thing then for movable goods only.  
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 distress and sale, to the use of the poor of the parish.  
Of the 2. 
Highways.  and 3. of Phil. & Mar. c. 8. and the 5. of Elis. c. 13. for the choosing of Surveyors of the Highways, on pain of twenty shillings: See more hereof in the office of Surveyors.  
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 poor.  of Elis. c. 2. of being Overseers for the poor See the office of Overseers for the poor.  
The 43. 
Money for prisoners and soldiers.  of Elis. c. 3. for the raising and paying of money for the relief of lame soldiers, and prisoners of the Marshalsies and gaol of the County, and the penalty of twenty shillings for their default.  
The 1. Jac. c. 9 etc. 
Tippling in Alehouses, etc.  of the forfeiture of forty shillings for omitting their duty in levying the penalties of Innkeepers and Alehouse-keepers suffering tippling or other disorder, 
3. Car. cap. 3.  or selling ale or beer under the assize, etc. or neglecting by twenty days to certify the default of distress in offenders against this Act.  
The 5. of Elis. c. 4. 
Testimoni, all of a servant.  touching the testimonial of a servant.  
Of the 35. of Elis. c. 1. 
Refusers to come to Church.  of giving notice to forbear to receive or keep any obstinately refusing to come to Church.  
Of the 3. of King Ja. c. 4. 
Popish Rocusants.  of presenting the monthly absence from Church of Popish Recusants, their penalty and reward.  
The 23. 
Destruction of game.  Elis. c. 10. and 1. Jac. c. 17. of levying the forfeitures to the use of the poor, for destroying of the game of Pheasants, Partridge, 
Prisoners.  etc.  
The 3. of K. Jam. c. 10. of raising money for conveying prisoners to the gaol.   

The Office and Duty of Surveyors for the amending of Highways.  

Surveyors shall be chosen.  
2. & 3. Phil. & Mar. cap. 8.5. Elis. cap. 13.29. Elis. cap. 5.  THe Constables and Churchwardens of every parish shall yearly upon the Tuesday or Wednesday in Easter week call together a number of the parishioners, and then shall choose two honest persons of the parish to be Surveyors for one year of the works for the amendment of the highways in their parish leading to any market town; and shall then also name and appoint six days for the amending of the said ways, before the feast of Saint John Baptist than next following; and shall openly in the Church the next Sunday after Easter give knowledge of the same six days, 
Six days shall be appointed.  and upon the said days the parishioners shall endeavour themselves to the amendment of the said ways upon pain of such reasonable fines and amercements as shall be thought meet by the Steward of the Leet, 
Penalty for omitting it  or in his default by the Justices at their quarter Sessions.  
They shall take upon them the execution of their said office upon pain of every of them making default to forfeit twenty shillings. 
Forfeiture for not executing.  
Their office.   
And the said persons so named have authority hereby to order and direct the persons and carriages that shall be appointed for these works by their discretion.  
Every person for every plow-land in tillage or pasture that he or she shall occupy in the same parish, 
Parishioners how charged.  and every other person keeping there a draught or plough shall find and send at every day and place to be appointed for the amending of the ways in that parish one wain or cart furnished after the custom of the Country, with oxen, horses or other , and all other necessaries meet to carry things convenient for that purpose, and also two able men with the same, upon pain of every draught making default ten shillings.  
And every other householder, cottager, or labourer of that parish (having no plough or draught) 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 forfeit for every day twelve pence.  

Charge of persons taxed in the subsidy at five pound in goods.  
18. Elis. cap. 10.  Every person (except such as dwell in the City of London) that shall be assessed to the payment of any subsidy to his Majesty to five pound goods, or forty shillings in lands or above, during the time he shall stand so assessed and not altered, and being none of the parties chargeable for the amendment of highways by any former law, but as a cottager, shall find two able men yearly to labour in the highways at such days and time as by the several statutes are appointed.  

A plow-land in several Parishes.  Every person that shall occupy a plow-land in tillage or pasture lying in several parishes shall be chargeable to the making and mending of the Highways within the parish only where he dwelleth.  

Several plowlands in several Parishes.  And every person occupying several plowlands in several parishes shall be charged to find one cart, etc. furnished in each town or parish where the said plow-land doth lie.  

2. & 3. Phil. & Mar. cap. 8.18. Elis. cap. 10.  
Instruments to work.  Every person & carriage abovesaid shall have and bring with them such shovels, spades, picks, mattocks, and other tools and instruments as are fit and necessary for the said work, and shall perform, do, and keep their work, as they shall be appointed by the said supervisours, 
What hours they shall work.  or one of them, 
29. Elis. cap. 5.  eight hours of every of the said six days, unless they shall be otherwise licenced by the said supervisours or by one of them.  

Two able men in stead of carriages.  If the carriages of the parish or any of them shall not be thought needful by the supervisours to be occupied upon any of the said days, than every person that should have sent any such carriage shall send to the said work for every carriage so spared two able men to labour for that day, upon pain to lose for every man not so sent twelve pence.  
Every supervisour, etc. for the amendment of the said highways according to the Statute within the parish where he is supervisour may 
5. Elis. cap. 13.  take and carry away so much of the rubbish or smallest broken stones of any quarry lying within the parish, 
Rubbish in quarries  where they shall be supervisours, without licence or impeachment of the owner, as by their discretion shall be deemed necessary for the amendment of the said ways: And for default of such quarry or rubbish, every such supervisour for the use aforesaid, in the several grounds of any person within the parish and limits where they shall be supervisours, & nigh adjoining to the highway to be repaired, and wherein gravel, sand or cinder, is likely to be found, may dig, or cause to be digged for gravel, 
Dig gravel sand or cinders. Gather stones.  sand or cinder, and likewise to gather stones, lying in any ground or lands within the parish and meet to be used to such purpose, and to take and carry away so much thereof as by the discretion of the supervisours shall be thought necessary to be employed in the amendment of the said ways  

Not dig in quarries, etc.  But it is not lawful for them to cause any rubbish to be digged out of any quarry, but only shall extend to such rubbish as shall be found there ready digged, etc. 
5. Elis. cap. 13.  nor to dig or cause to be digged any gravel, sand or cinder, in the house, garden, orchard, or meadow of any person; 
May dig in several grounds.  nor above one only pit to be digged for gravel in any several and enclosed ground, and the same not to be in breadth or length above ten yards over at the most.  
And the supervisors, 
Fill up the pit.  which shall cause such pit to be digged for gravel, sand or cinder, shall within one month next after 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 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 lawful for every such supervisor in the parish where he is supervisour, to turn any watercourse or spring of water, being in any highway and offensive to the same, into any ditch of the several ground or soil of any person next adjoining to the said ways, in such manner as in the discretion of the said supervisours shall be thought meet.  
The hays, 
18. Elis. cap. 10.  fences, ditches and hedges, next adjoining 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 highways cut down by the owner of the ground or soil, which shall be enclosed with the said hays, fences, ditches or hedges, whereby the said ways may be open, and the people have more ready and easy passage in the same, upon pain to forfeit for every default ten shillings.  

Highways enlarged.  
13. Ed. cap. 1.  And by the Statute of Winchester it was enacted, that the highways leading from one market town to another be enlarged 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 highway. 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 King's pleasure. If the Lord be not able to fallen the underwoods' the County shall aid him therein.  

15. Elis. cap. 10.  
Ditching and scouring.  Every person that shall occupy any lands adjoining to any such highway 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 scour his ground so adjoining, whereby the water conveyed from the said highways, and 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 rod not so ditched and scoured, twelve pence.  

No soil to be cast in the highways.  No person having any ground by lease or otherwise adjoining to any highway leading to any market town, shall cast or scour any ditch, and lay the soil thereof in the highway, and suffer it to lie by the space of six months to the annoyance of the said highway, upon pain to forfeit for every load of soil so cast into the highway twelve pence. And where any soil hath been cast into the highway, that there is a bank between the said highway and the ditch, the surveyors and workmen may make sluices 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 month 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 forty shillings.  

5. Elis. cap. 13.  
Justice's to certify.  And every Justice of peace not certifying such default presented unto him at the next general Sessions, etc. shall forfeit five pound. And every Justice of peace upon his own proper knowledge, in the open general Sessions, 
Justice's may present.  may make presentment of any highway 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 hear and determine.  
2. & 3. Ph. & Mar. cap. 8.  And the Justices of every County, where the said defaults or offences shall be committed, have authority to inquire thereof, within the limits of their commission at every their said quarter Sessions, 
5. Elis. cap. 13.  and to assess such fines for the same, as they or two of them, whereof one to be of the quorum, shall think meet.  
Justices of Assize, 
Justices of Assize. Justices of peace.  
18. Elis. cap. 10.  and of oyer and terminer, Justices of peace in their Sessions, and Stewards of Leets and law-days, in their Leets and law-days, shall hear and determine all offences concerning this Statute.  
Stewards of Leets, etc. 
Steward of Leets.  and in their default the Justices of peace of every place and county, in their quarter Sessions may inquire against every point and article of this Statute, and may assess 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, etc. 
Estreats of the fines.  and shall deliver one part thereof sealed and signed to the Bailiff or High-constable of the hundred, etc. within six weeks after Michael mass, 
18. Elis. cap. 10.5. Elis. c. 13.  whereby they (or the Surveyors of the highways, they being directed to them) may levy the same by distress and sale, etc. If no sufficient distress can be found, or if the said offender shall obstinately refuse to pay the said amercement, 
Refusing to pay.  
2. & 3. Phillip & Mar. cap. 8. 5. Elis. cap. 13.  or do not pay the same within twenty days after a lawful demand thereof by the said officers, than that person to forfeit double the sum that he should before have paid.  
Every Bailiff, 
Account and pay.  head-Constable, etc. shall once every year, betwixt the first of March and the last of April, make a true account and payment of all such sums 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, etc. 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, until they pay all such arrearages 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 successors of every Churchwarden shall have the like remedy against their successors, as is before appointed against the Bailiffs, etc.  
All fines, 
5. Elis. cap. 13.  amercements and forfeitures, 
Fines and forfeitures, how they 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 ways in the said parish.  

18. Elis. cap. 10.  All penalties or sums of money forfeited for any cause within this Statute, shall be levied in every parish by the surveyors of the ways within that parish for the time being by distress and sale, in manner and form as fines or amercements in leets have been used. And the money so levied, to be employed upon the highways where the offence was committed; and if the surveyors shall or will not levy and employ the same within one year after the offence so committed, that then the same sums or forfeitures shall be levied 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 Freeman 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.  Four Justices of peace may award process against them who ought to repair bridges.  
Where it is not known who ought of right to repair a Bridge, four 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 Collectors of every Hundred, who may distrain for the money so taxed, and also may appoint two Surveyors, who shall see and direct the work, etc.  
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 Highway, he is not compellable to do the same again, unless he or his ancestors 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 Highways, etc. 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 surveyors.  First therefore touching the election of these surveyors, etc. where the Statute appointeth to make choice of two honest persons of the parish to be Surveyors, it implieth 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 ways shall be repaired by the Statute.  The six day's work enjoined by this statute are to be employed upon the Highways in the parish, leading to some market town, which is via Regia, the King's highway, free for all men to pass 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, unless the said Highways be otherwise well and sufficiently repaired, and shall not need the said whole six days.  
3. 
The same days.  The Parochians must go and perform the service the same six days that are appointed, and though they shall do full six day's work at other times before Midsummer, yet are they presentable therefore, and shall be amerced.  
4. 
Other days may be appointed.  If the said six days so appointed or any of them prove unseasonable for the service, these officers may appoint such or so many other days as shall be behind; and all persons are liable to do every thing as in the former six days; yea, by some opinions although Midsummer be past.  
5. If the said six days be not sufficient to make their said ways perfect, they ought to do more: for if the Township be indicted for any default in their said ways, 
Every town must make their ways passable and good.  it will be no sufficient excuse or plea for them to allege they have fully performed their dayes-works appointed by the Statutes, but for those days 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 ways is found, shall by the common law be indicted and fined.  
6. 
Sufficient at all times.  These Officers are not only to see that these ways 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 highways, the neighbouring towns that have frequent use of the said ways shall aid and assist them with their helps; if they be insufficient, than the whole Hundred or County shall help them, because it is a public good.  
8. If the King's highways be not passable, whereby the King's subjects cannot with safety pass them, 
Where ways are impassable.  they may ride over men's corn to pass that way, and there lieth no action of trespass against such for so doing.  
9 
Money given to repair a way.  Where any sum or sums of money is or shall be given for the making, mending or repairing of any Highway, Cawsie, or the like, and it be insufficient to do the same, that town within which the said way doth lie aught to help to mend and repair the same.  
Three sorts of persons are chargeable by law to repair Highways.  
1. 
Who are charged to mend the ways.  The inhabitants of towns in general.  
2. Those that by right or custom have always done them.  
3. Those that by new enclosures against the Highways straighten and annoy the same.  
10. 
Enclosures against the ways.  
Duncomb's case.  Every person which hath or shall make any enclosure next the King's Highway adjoining to his enclosure, and if one man hath enclosed 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 adjoining next the King's Highway by the common law (before these statutes) was bound of common right to cleanse and scour the ditches adjoining 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 plough by course of husbandry can blow in a year, which is much more in some countries' then in other, which occasioneth many contentions and much prejudice to the service in the repair of the highways, 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 manage with one plough almost double that quantity of land they then held, and many plough lands are so broken and divided, that they are lost, and yield no help to the maintenance of these ways, besides the daily engrossing of farms which decayeth the strength of the kingdom both in men and horse, diminisheth the King's subsidies, the increase of corn and grain, hindereth hospitality, and the setting of poor men on work, oppresseth others by the often revolution of offices, and lastly the visible decay of the Highways in all places occasioned by the lessening the number of draughts and teams, there being now scarce three parts of four 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 daily arising may be appeased, the number of plowlands in every Town increased, and consequently the highways in all places bettered and amended.  
12. 
Who are charged.  He that occupieth a plow-land in pasture, etc. 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, etc. and two able men with tools and instruments.  
13. 
Carriages, Persons, Instruments.  These supervisours are not only 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 four or five horses, and maketh of them for his own occasions but one teem or draught, for the service of the highways 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 Country be no worse served than 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 countries' service be charged with 2. carts or draughts, though he occupy 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 year shall be charged to this service, it is not intended that retainers to Noble men & gentlemen, parish clerks, common townservants, as Shepherds, Herdsmen, Hayward's, 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, etc. not of women and children, which are usually employed in this service.  
16. Lastly, 
Presentment.  whereas it is thought that if the Surveyors shall not present the defaults of the parishioners, till after the month, though the Justices do certify 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 Surveyors 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.