THE OFFICES OF Constables, Churchwardens, Overseers of the Poor, Supravisors of the Highways, Treasurers of the County-Stock; And some other lesser Country Officers, plainly and lively set forth. The third Edition, with divers Additions and Alterations, agreeable to the late Acts and Ordinances. By WILLIAM SHEPPARD, Esq LONDON, Printed by Ric. Hondgkinsonne, for Nath. Ekins, at the Gun in Paul's Churchyard. To all his Loving Countrymen. MY Dear Friends, whose welfare as I much desire, so shall I, as I may, endeavour. And having considered within myself, how commonly the most of you are necessarily called to take upon you the offices of Constable, Churchwarden, Overseer of the Poor, Supravisor of the Highways, and some other like offices, how large the extent of these offices are, and how little knowledge and skill the most of you have therein; whence it cometh to pass, that in execution of them, sometimes on the right hand you exceed your authority, and fall into the hands of the merciless Malefactor; & sometime (and more commonly) on the left hand, you fall short of your authority, (for he that goeth in the dark knoweth not where he goeth) and do not so much as you may, which proves a discouragement to the officer, and encouragement to the offendor, and hindrance of Justice. For the Cure hereof, I did heretofore in one Book, give you a draught of all these lesser Country offices, and therewith also an Epitome of some of the most common and useful Statutes referring thereunto. This Book I have now again revised, corrected, and by many alterations and additions fitted to our present time, and so I deliver it into your hands, as a Looking-glass for you. And oh that I could now persuade you all to buy it and read it, to know what you, may, and what you are to do. And when you know it, in the name of God do it, and fear not: for in so doing, you shall do God much service, and your Country much good. And this that you may do, shall be always the prayer of your Loving Countryman, W. S. CHAP. I. Of Offices and Officers in general. AN Office is that Function, Office and Officer, what. by virtue whereof a man hath some employment in the affairs of another. And an Officer is he that is so employed. There are divers kinds The kinds of Officers. and distinctions of Officers and offices in this Nation: we have had Officers and Offices Spiritual, or Ecclesiastical, such as were conversant about Ecclesiastical matters, as Ordinances, and such like, which are gone; and Ministers, Church wardens, and the like, which do yet continue. SECT. I. OR Civil, such as were conversant about Civil matters. The Civil Officers and Offices are again, some of them, judicial, that is, such as are to administer Justice upon the Bench, and in the highest place, and have judicial voices in some of the Courts of Justice, as the Lords Commissioners of the great Seal, Judges in the two Benches, Barons in the Exchequer, Justices, of the peace in their Sessions, Stewards in Leetes and divers others. And others of them are ministerial only, that is, such as do attend upon the judicial Officers, and serve, either to prepare and make ready matters for the judicial Officers to determine; so all the ministerial Officers in and about all the Courts of Justice: or else they serve to execute what the Judges have before determined; such were Constables, Keepers of Prisons, and divers others: And some again are partly judicial, and partly ministerial, who have in some things a judicial power, and act as Judges; and in other things, only a ministerial power, and can act but as Ministers; so are Sheriffs, and other officers in divers particular acts of their Office: And some Officers and Offices are, and serve for all the Nation; and some are, and serve for one County only, and may be called County Officers; so Sheriffs, Coroners, Treasurers of the County stock, and others; And some serve for one Hundred only, and may be called Hundred Officers; and some are and serve for one Parish only, as the Parish Constable, Churchwardens, Overseers of the poor, ●urveiors of the highways, the Register, Parish-Clerk, Hayward, and the like: And some for one place or house only, as the Master of the house of correction for that house, the Keeper of a Prison for that Prison only, and so of others; some are for the public administration of justice, as Sheriffs, Constables, and such like Officers: and some are, and serve only for, and to the private interest of some men, as the office of Parkers, Bailiffs, and such like. As to Officers and Offices, that concern the public administration of justice, these things are to be known as to their qualification. 1. They must be fit for their office, that are chosen into it. SECT. 2. ANd therefore none that are by law privileged and exempted, are to be chosen as the Officers, whose personal attendance is necessary in any of the Courts at Westminster, or in the Court of Whitehall, may be chosen to an office in the Country, wherein his personal attendance is necessary, as Constable, Churchwarden, or the like. Attorney's therefore, of the Courts at Westminster, the ordinary servants of the Lord Protector in his house, are exempted; so are ministers, also Physicians, and Surgeons in London are exempted, and some others. 2. They must be fit in body, and mind to to do their work, and duty of the office, or else in some cases they are to be removed, and others put in their place. 3. The Lord Protector, as it seems, may, by his Letters Patents, exempt any man from serving of any of these Offices. And as to their coming into their Offices, 1. They must be duly and orderly chosen, according to the law in that case provided, otherwise all that they do in the execution of of their Offices, will be illegal, and they may be sued for it. And therefore if a Constable, by consent of Neighbours only, shall be chosen and sworn in a Court Baron only, and not in a Leete, or by Justices of Peace, and he shall arrest, or do any thing as Constable; he may be sued as any other man that shall take upon him so to do. So if Churchwardens, Overseers of the poor, shall be chosen at any other time, or in any other manner, than is by the Statutes and Ordinances provided; or being duly chosen, shall not be confirmed by the Justices of the Peace, according to the Laws in that case provided: all that he doth is unlawful, and he may be sued for it. 2. They must come freely to such Offices, for if they give or promise to give any reward or fee for them, they are disabled to execute or exercise the same Office. Stat. 5. and 6. Ed. 6. 16. SECT. 3. 3. THey must attend their charge and Offices & if they be negligent therein, sometimes they may be punished by special penalty as the Laws appoint. And in some ●●●s, if any man have any special prejudice by their neglect, he may perhaps have a special action of the case against him for this neglect. 4. And as to their demeanour in their Offices, 1. They must in the execution of their Offices, pursue the order prescribed by the Law in every particular; otherwise they may be liable to Actions for what they do, as another man may be; and therefore if Overseers of the Poor shall make a Rate upon one man that doth owe another poor man money as much as the debt, and give it to the poor man for his debt, or the like, he may be sued for this, when he doth distrain for the money Rated. And if any such Officers shall, by colour of their Offices, and by conspiracy together, or with others oppress any man, or charge him otherwise then the Law doth authorise them, the party grieved may have an Action of the case against him for it. But if any Rate made to the right and they over Rate, the party grieved cannot sue them, nor have other remedy, but by appeal to the Justices or the Sessions, as the Statute and Ordinance doth appoint. SECT 4. 2. THese Officers cannot make a Deputy to execute their Offices, but another man may assist them, and do some of the work under them, but they must answer for them; nor can such Servant or Deputy take any man's person, or goods, as Officers, but as assistant to the proper Officer, and by his command; therefore let such Deputies take heed how they meddle herein. 3. And they must be content with the Fees appointed them by law, for any thing they do in their Offices: for if any Officer, by colour of his Office, shall require, or take a fee where none is allowed, or take more than the fee allowed, where any fee is allowed: this is extortion and punishable by fine and imprisonment. And yet if any man shall gratis give an Officer any thing, for the doing of any part of his Office; this is no extortion, nor can he be punished for it SECT. 5. BUt as to this point of the Officers execution of his Office, and all the cases of law that refer thereunto. These things are further to be known. 1. That every Officer, that doth by virtue of his Office arrest any man's person, or take Arrest. any man's goods; he must be sure to look to all these things. 2. That he hath a good authority so to do, either by a good warrant from some superior Officer at the time of the act done, for a warrant after gotten will not do, or ex officio, That is by his own authority as Officer, or otherwise his act will be unlawful, and be liable to an action for the doing of it. 3. That he do arrest or take the goods of the right party, and not of another man by mistake, for if he do he will be liable to an action for it: And herein he is to know, that though he be led into the mistake by the Prosecutor, Plaintiff, or Party arrested himself, or a third man, this will not excuse him: but if there be two of one name, and there be no note of distinction, and the Process be served upon the wrong, and not the man intended, the Officer is : And yet if the Officer arrest the party intended, but he is named by another name in the Warrant; this is actionable. 4. He must do it at a seasonable time. And for this, these things are to be known. 1. That an arrest of a Man for Felony, or the Peace, or good Behaviour, or otherwise, in case of the Lord Protector, may be in the night as well as in the day. 2. No Officer may execute any Writ, Order, or Warrant on the Lord's day, or any day of Humiliation, or thanksgiving (but in case of Treason, Felony, breach of Peace, and profaning of the day.) 3. If an Officer have a Warrant to arrest; and bring a man to the next Sessions, he cannot arrest him after the Sessions, and if he do, he may be sued for it. 4. In case of distress of goods, it is safe for the Officer to do it by day. 5. If he do it out of time, he may be sued for it. 5. He must do it in the right place, for this he must know. SECT. VI 1. THat he cannot, regularly, take a Man or his goods, without the place or Parish where he is Officer, and yet perhaps if a Man be coming to take his Goods, and drive them out of the place, or Parish, he may follow them and take them, or if a Man be arrested by the Officer, and escape into another Parish, there, upon a fresh suit, he may follow him and take him there: And yet let the Officer be well advised herein: for we cannot assure him, that the Law will excuse him in these cases. 2. No Officer may arrest the Person of a Minister, going to, or returning from his Church, in an ordinary course, about the service of God, much less, when and whiles he is exercised about divine things. 3. And yet in this case, the arrest is deemed to be good, and no Action will lie against the Officer: but they may be punished by the Justices for it. SECT. VII. 4. THe arrest of any other Man, whiles he is at Church, is punishable, by Justices of Peace; yet the arrest is good, not actionable: but an arrest of a Man going to, or coming from Church, on a weekday is very lawful. 5. That after he hath arrested him, or attached his goods, he do not abuse him or them; and therefore he can do or use no more violence therein, but what is necessary to the safe custody, and convey of the Person, and his goods; and if he use more, he will be liable to action: so also, if he keep the Person or Goods longer than the Commitment, and when the Prisoner shall be discharged, upon any pretence whatsoever: so also when he keepeth the Person arrested, longer than he needeth, from the Justice or the Gaol, this is actionable. 6. If a Warrant from a Justice be to three or more jointly, and severally, that they shall arrest or levy goods, they may all do it, or any one of them may do it; but it will not be safe for any two of them alone to do it. 7. If an Officer do any way misdemean himself, and do otherwise then as before, in any of these things, if it be with the agreement and consent of the party arrested, or whose goods are taken, this will excuse and take away the Action. Now having said somewhat of Officers and Offices in general, We shall say something to some of these Officers and Offices in particular; and first of County Officers, and then of Parish Officers, and then of Officers of some special places. CHAP. II. Of the Treasures of the County Stock, for relief of Poor Maimed Soldiers and Mariners, and the Widows and Orphans of such as died in the Service of the Parliament, and their Office. THe Treasurers of the County What they are, and how they are chosen. Stock for the relief of Poor maimed Soldiers and Mariners, are certain Officers yearly appointed by the Justices of Peace, to have the charge of the Receipt and disbursement of the money taxed and levied upon the whole County yearly for the relief of poor maimed Soldiers and Mariners: For the Justices of the Peace are yearly at their Quarter Sessions, about Easter, to choose or appoint one or two persons (according to their discretion) of the County, for the taking and distributing of the moneys of the County, collected for the relief of the poor maimed Soldiers and Mariners: And the men so appointed (by the words of the Statute) must be such Men as, at the last Taxation before for the Subsidy, were valued at Ten pounds in Lands yearly, or Fifteen pound in Goods (but if they be sufficient men, this it seems is not stood upon.) And these are to continue in their Office one year, and no longer, and then others are to be chosen in their room, 43 Eliz. 3. The Office and Duty of these Officers Their Office and Duty. doth consist in these things. 1. They are to receive of the High Constables of the Hundreds quarterly the sums of money rated and taxed by the Justices of the Peace upon every Parish, for the relief of sick, hurt, and maimed Soldiers and Mariners; and if in case there be any defaults by the petty Constables, or High Constables, in the levying of the sums, or in the payment of them over, so as thereby they make any forfeiture. These Officers (and as it seems) without any Warrant from the Justices of Peace, may levy the same forfeitures by sale of the offender's Goods, rendering to him the overplus for the Parishioners; and in their default, the Petit-Constables and Churchwardens are to set the Justice's Rate: And this Rate, if men pay not, the Churchwardens and Petit Constables may levy it by distress and sale of their Goods: And if neither the Parishioners, nor Constables and Churchwardens do set the Rate, than any Justice of Peace in or near the place, may do it. 2. Every Soldier or Mariner, impotent, sick, and disabled by the public service, having a Certificate to any of these Officers, under the Hand and Seal of the General of the Camp, or Governor of the Town where he served, or of the Captain of the Bond under whom he served, or his Lieutenant; or in the absence of the said General or Governor; from his Marshal or Deputy, or from any Admiral; or in his absence, from any other General of the Ships at the Seas, wherein the said Soldiers or Mariners did serve, setting down the particulars of their Hurts and Services; The Certificate being also allowed by the General Muster Master for the time being, in the Realm, or Receiver General of the Muster Rolls, the Treasurer and Controller of the Navy; This Soldier or Mariner may repair to any one of these Officers of that County, out of which he was pressed; or if he were not pressed, to this Officer of that County where he was born or last inhabited, by the space of three years at his Election: And if he be not able to go thither, he may repair to any one of these Officers of the County where he doth land. And if any such Soldier or Mariner shall thus make to any of these Officers, it is the duty of this Officer, to give such a portion of relief to him at his present necessity, as he shall think fit; having respect to his need, and the commendation of his service; and this to sustain him until the next Quarter Sessions, and then the Justices of Peace by a kind of Instrument, may grant him a pension to be paid by this Officer, so long as the Statute doth continue, if the party so long live, and it be not duly revoked. And this must be always paid by succeeding Treasurers quarterly. But the same present sum so given, or yearly Pension so granted, must not exceed Ten pound in gross, or Per annum, to a common Soldier, nor the sum of fifteen pound to any that hath born Office under the degree of Lieutenant, nor the sum of Twenty pound to any that hath been a Lieutenant. And these Pentions, the Justices at their Quarter Sessions, may upon causes altar at their pleasures. And these Mariners and Soldiers, when they Land in the way of their travel, before they can get the confirmation of their Certificate, must have competent allowance from the Treasurer of every County as they pass from the place of their Landing. 3. They are to keep a book, and therein to Register all the Certificates they do receive and allow, and all their receipts and disbursments. And if any of them do refuse any Certificate, he must set down the reasons of his refusal under it, or on the backside of it. 4. They are at the end of their year, to give up a just account to the succeeding Treasurers, of all their receipts and disbursments, within the time of their Office, and then also, if they have any money in their hands, they are to deliver up the same to the succeeding Treasurers; And this they must do within ten days after Easter Sessions. And if any such Officer so chosen, shall refuse to execute his Office, he may be fined for it by the Justices of the Peace: And if any such Officer shall wilfully refuse to give relief to a Soldier or Mariner as aforesaid, the Justices of the Peace may fine him for the same, according to their discretion: And if any such Officer, his Executors or Administrators, shall not give up his account within the time aforesaid, or shall be otherwise negligent in the execution of his Office; The Justices of the Peace at the Sessions, may assess such fine upon him, his Executors or Administrators, as they think fit, so it be not under five pounds. And all the fines and forfeitures happening for the breach of this Statute, must be employed by these officers to the uses aforesaid. And if any of the County Stock, shall be left in their hands, it must be disposed to the use of the poor, in such sort as the Justices of Peace shall appoint. Stat. 43. Eliz. Ch. 3. 5. These Officers now by the Ordinance of May, one thousand six hundred forty seven, are also to receive the money Rated upon the County by the Justices of the Peace, at their Sessions, for the relief of the maimed Soldiers and Mariners: And the Widows and Orphans, of such as have died in the service of the Parliament during the late Wars; And this they are to pay out thus. 1. To any such maimed Soldiers and Mariners, as by Warrant under the Hand of two Justices of Peace they shall be appointed, until the next Quarter Sessions. 2. And then as by the Pension, there it shall be settled. 3. To the Widows and Orphans so much as two Justices of Peace shall set down. 4. In cases where the High Constables of hundreds, or Petit Constables of Parishes, fail of their duty herein, and they are for for this neglect, to be fined by the Justices. For which see chap. 8. sect. 2. chap. 10. Numb. 12. chap. 7. sect. 8. It will be the duty of these Officers to see those inferior Officers indicted for it, that so they may be fined for it, for without indictment they cannot be fined, Ordin. 10. August. 1647. and 20. of May 1647. Stat. 43. Eliz. Ch. 3. CHAP. III. Of the Treasurers of the County Stock, for relief of the Prisoners in the King's Bench and marshalsea. THe Treasurers of the County What they are, and bow they are chosen. Stock, for the relief of Prisoners in the King's Bench and marshalsea, and for the relief of Hospitals and Almshouses within the same County, are certain Officers yearly appointed by the Justices of Peace, to have the charge of the Receipt and Disbursments of the money, taxed and levied upon the whole County yearly, for the relief of the Prisoners in the King's Bench and marshalsea; and for the relief of Hospitals and Almshouses within the same County; for the Justices of Peace are yearly at their Quarter Sessions, about Easter, to choose and appoint two persons of the County, Officers for this purpose; and the men so appointed [by the words of the Stature] must be such men, as at the Tax of the Subsidy last before were taxed at five pounds' Lands, or ten pound goods at the least, or near of that value. And these are to continue in their Office but one year, and then others are to be chosen. The Office and Duty of these Officers doth consist in these things. 1. They are to receive of the High Constables Their Office and Duty. of the Hundreds quarterly, the sums of money rated and taxed by the Justices of the Peace, upon every Parish, for the relief of the poor prisoners in the Kings-Bench and marshalsea; and for the relief of the poor within the Hospitals and Almshouses within the County: And if in case there be any default by the Petty-Constables, or High Constables, or by the Churchwardens in the rating, levying, or payment of these sums, so as thereby they make any forfeiture: These Officers (and as it seems, without any Warrant from the Justice of Peace) are to levy the same by sale of the Offenders Goods, rendering to the party offending the overplus, if there be any, for the Parishioners; and in their default, the Petit-Constables and Churchwardens are to distribute the Rate of the Justices of the Peace. And this Rate, if neither the Parishioners, nor Constables and Churchwardens do make, any Justice of Peace, in or near the place may make it; and being made, the Constables and Churchwardens may levy it by distress and sale of Goods: And for lack of distress, the Justice may send the party to Prison, there to abide till it be paid, without Bail or Mainprize. 2. This money so by them received, they must pay over (and, as it seems, in convenient time after the Receipt thereof) to the Lord Chief Justice of England, and Knight Marshal for the time being, equally to be divided to the uses aforesaid, taking their acquittance for the same; or in default of the said Chief Justice, to the next ancientest Justice of the Upper-Bench. 3. They are to pay yearly, by a quarterly payment, such a sum of money as shall be set down by the Justices of Peace, at their Quarter-Sessions, unto the Masters and Governors of the Houses of Correction; The which if they do refuse or neglect to do, the same Masters or Governors (without any other Authority) may levy the same of the Goods of the same Treasurers, by sale of their Goods, rendering to them the overplus. 4. The surplusage of the money, by them received, they must distribute and bestow for the relief of the poor Hospitals of the same County, and for the relief of those that shall sustain losses by Fire, Water, the Sea, or other Casualties, according to the discretion of the Justices of the Peace of the County. 5. They are at the end of their year, at Easter-Sessions, to give an account to the succeeding Treasurers of all their Receipts and Disbursments in the time of their Office: And then also, if they have any money in their Hands, they are to deliver up the same to the succeeding Treasurers. And if any Treasurer so elected, as before, shall wilfully refuse to take upon him the same Office of Treasurership, or to distribute and give relief, or to account according to that Order the Justices shall set down, the Justices may fine him for the same, at their Sessions, according to their discretion, so it be not under three pound: And all the Fines and Forfeitures for the breach of any Branch of the Statute 43 Eliz. c. 2. must be employed to the uses last aforesaid, as the Justices shall appoint. 6. In cases where the Constables and Churchwardens of Parishes, or Constables of hundreds fail of their duty herein, and they for this neglect are to be fined, by the Justices (for which see chap. 8. sect. 2. chap. 10. numb. 12.) chap. 7. sect. 8. It will be the duty of those Officers, to see those inferior Officers indicted for it, that so they may be fined for it; for without indictment, they cannot be fined, Stat. 43 Eliz. 7. Jac. 4. CHAP. IU. Of the Collector of the money for the relief of the Prisoners in the Common-Goal, and his Office. THe Collector of the money What he is, and how he is chosen. for the relief of the Prisoners in the Common-Goal, is an Officer appointed by the Justices of the Peace, to have the charge of the receipt and disbursement of the money taxed and levied upon the whole County, for the relief of the Prisoners in the Common-Goal. For the Justices of the Peace at their Quarter-Sessions, are to choose and appoint some sufficient person, living near to the Common-Goal of the County; as a Collector to receive and distribute the money assessed by them upon the County, for the relief of the prisoners in the Common Gaol: And this Officer may be in his Office for longer time than one year. 14 Eliz. 5. The Office and duty of this Officer, doth consist only in these things. 1. That he be ready at every Quarter-Sessions, His Office and Duty. to receive from the High-Constables of the Hundreds, the moneys Rated by the Justices of the Peace on every Parish, for the relief of the prisoners in the Common-Gaol of the County. 2. That he do weekly pay and distribute the same to the same prisoners in such sort as the Justices of Peace shall appoint. And if he offend in either of these things, he shall forfeit for the same offence five pounds. 3. In cases where the Churchwardens do not their duty, or the Constables of Hundreds do not their duty herein, and they may be fined by the Justices for their neglect herein, (for which see chap. 8. sect. 2. and chap. 10. numb. 12. It will be the duty of these Collectors to see them indicted before the Justices that so they may be fined; for without indictment they cannot be fined, Stat. 14 Eliz. 5. CHAP. V Of the Governor of the House of Correction, for the County and his Office. THe Governor or Master of the What he is, and how he is chosen. House of Correction, is an Officer appointed by the Justices of Peace, to have Oversight and Government of the House of Correction, and of persons committed to the same. For such Houses are to be, and are provided and maintained with Mills, Turns, Cards, and such like necessary implements in every County, for the Keeping, Correcting, and Setting to work of Rogues, Vagabonds, Sturdy Beggars, and other idle and disorderly persons. And the Justices of the Peace; or the greater part of them, at the Quarter-Sessions, are to choose and appoint one or more sufficient and honest persons to be Governors, or Masters of the said House, and to take sufficient security from the said Governors for the continuance and performance of the said Service; and to set down what allowance they shall have yearly for their pains (which they may charge upon the County) and for the relief of such as shall happen to be weak and sick in their Custody; and for the Stock to set on work such persons as shall be committed thither; and to set down other Orders touching the same, according to their discretion: And this Money so allowed, they shall have according to the appointment of the Justices of Peace as aforesaid, to be paid quarterly beforehand by the Treasurer of the County, for the relief of the prisoners in the Kings-Bench and marshalsea. And if the Treasurer refuse or neglect to pay it thus, the Master of the House of Correction may levy the same, or so much thereof as shall be unpaid upon the Treasurer's account, by distress and sale of his Goods, rendering unto him the overplus of the Money, 39 Eliz. 4. 7 Jac. 4. The Office and Duty of this Officer, is in these things. First, To look well to the same House and His Office and Duty. the backside thereof, and all the Implements and Goods he doth find there; he is also to look to all the persons he doth find there, or that shall be afterwards committed to him. Secondly, To receive such Rogues, Vagabonds, Idle, or Disorderly Persons, as by any of the Justices of Peace shall be sent thither. Thirdly, To keep safely all such as are committed to him, and not to suffer them to wander about the Country, or to escape away without Order of the Justices. Fourthly, To see and take care, that amongst the persons committed to his charge, if there be any sick or otherwise impotent, etc. that have need of relief, That he do relieve them according to their necessity. Fifthly, To see and take care, as for the rest that are able to work, that he do from time to time, as they shall remain there, set them to work and labour; for during that time they must in no sort be chargeable to the Country for any allowance, either at their coming in or going forth, or abode there; for they are to have such and so much allowance only, as they shall deserve by their own labour and work. Sixthly, To punish them (as he seethe cause) with putting on Fetters or Gives upon them, and by a moderate whipping of them. Seventhly and lastly, At every Quarter-Sessions to give an account of all such persons as have been committed to his custody. And if they shall offend in any of these particulars, or any other incident to the duty of their Office; the Justices of the Peace may impose such Fines and Penalties upon them for the same, as they shall think fit. And these fines must be paid unto, and accounted for, by the Treasurer of the County for the Kings-Bench and marshalsea. CHAP. VI Of the Keeper of the Gaol of the County, and his Office. THe Gaoler or Keeper of Jailer what. a Prison, is one that hath the Custody of the place and Prison wherein Prisoners are kept; and of these, there are as many as there be Gaoles and Prisons. As to the Power and Office of these Officers; His Power and Office. these things are to be known. 1. They are to receive such Prisoners as are duly sent, or offered to them, and all that are sent by a Justice of peace Warrant, they must receive. If any Officer arrest a man upon suspicion of Felony, and carry him to the Gaoler, he must receive him without a Justice Warrant; and if any man that is no Officer, take a Felon doing the Felony, and bring him to the Gaoler; it seems also that in this case, he is to receive him also. 2. His duty and charge is, to look well to the Prisoners that are in his custody; for if he suffer any of them to escape, he will be punished for it: If they be Prisoners for debt, and he let them escape voluntarily, or negligently, he must pay to the Creditor his debt. If they be in for Fllony, and the Keeper suffer them wilfully to escape, he is a Felon, if negligently he is finable: and so he is for the escapes of lesser Offenders. 3. It hath been held by some Judges therefore, that a Gaoler may justify the putting of Bolts upon the Legs of any Prisoners committed to him. 4. Keepers they are to see, that their Prisoners have necessary provision. 5. For this the Law doth give an action of debt to the Gaoler, against his Prisoner; nor can the Prisoner in this action, be suffered to wage his law. 6. They are to take care, that such Prisoners as are in their custody in execution for debt, be kept in straight custody, and have not too much liberty: for by this means, they will be forced the sooner to pay their debts. 7. They may not compel, or procure their Prisoners to become approveres, that is accusers of others; for this is Felony. 8. If a Prisoner of debt get away from a Gaoler against his will, he may follow him and take him again, and bring him to, and put him in, the Gaol again. And so he may any Prisoner that is in for any Crime or offence. But if a Keeper do voluntarily deliver a Prisoner of debt, there he cannot retake him & put him in Prison again, for he is discharged of his imprisonment, and the Gaoler must satisfy the debt. Coo. 9 87. Dier. 249. Stat. 1 Ed. 3. Stat 1, 7, 5 Ed. 3. 14 Ed 3. Stat. 1, 10. Br. Faux Impr. 24. 27. CHAP. VII. Of Constables, Tithing-men and the like Officers, and their Office. SECT. 1. What they are, and how many sorts of them there are. TO omit to show the Etymology Statute of Wixchester, 1. Lamb. of the Duty of Constables. Finches Law 306. Sir Tho. Smith de Repub. l. 2. cap. 25. 12 H. 7. 18. and divers acceptance of the word Constable, the Antiquity and Original of the Office of the Constable we are now to treat of, and the divers kinds of Officers of this name in the Commonwealth, and to take up so much only as may serve to our present purpose. The Constables (whose Offices we intent to speak of) are said to be Officers of the Commonwealth, appointed for the maintenance of the Peace thereof, and to be attendant to Court-Leetes, Justices of Peace and Coroners, for the execution of their Warrants within their Precinct and Liberty: And Master Lamberd saith the name of a Constable in a Hundred or Franchise doth mean, that he is an Officer that did support the King's Majesty in the maintenance of his Peace, within the Precinct of his Hundred or Franchise: And of these Constables, there are now said to be two sorts I he first sort are the high-Constables, which are for the whole Hundred, Lethe, Rape or Wapentake, the which do comprehend many Parishes, tithings and Villages; and therefore these Officers, in respect of Place, have a more large command than petty-Constables have. These Officers were ordained by the Statute of Winchester, which doth appoint (amongst other things) That for the better keeping of the peace, two-Constables in every Hundred or Franchise shall make the view of Armour; and they are called high-Constables, in comparison of the Constables or pety-Constables, that be in the Towns or Parishes within their Hundreds or Franchises, whose duty is likewise to maintain the Peace, within the several limits of their Towns or Parishes. And of these high Constables there were to be, and were anciently, two in every Hundred, but at this day there is but one in many Hundreds. The other sort of Constables, are the petty-Constables, or the under-Constables, who are only for some part, as for a Town, Parish, Village, Tything or Hamlet within the Hundred (for every hundred hath his high-Constable, and every several Tything within the Hundred hath his petty-Constable, Tythin-man, or the like within it,) so that the Command of the petty-Constable is only in one part of the Precinct of the high-Constable, but otherwise for his Authority, by the ancient Common-Lawes; his Office (as far as his Precinct doth extend) is the same with the Office of the high-Constable over the whole Hundred. The Tythingman, Borsholder, Borrow-Head or Head-Borrow, Thirdborow and Chiefe-Pleadge, or by whatsoever names they be called in any Towns, Parishes, tithings, Burrowes, Hamlets or other places, and their Offices are in effect, in most places, but one and the same: For in some Counties this Officer is called by one name, and in other Counties by another name, as in Kent he is called Borsholder; in Thirdborow, and in other places he is called Constable, and in some places he is called Tythingman; for he that is called and sworn the Tythingman of any Place, is (in effect) the Constable of the Place: and therefore in such places, for the most part, there is no other Officer called or sworn by the name of a Constable; for, as petty-Constables about the beginging of the reign of Edward the third, were devised in Towns and Parishes for the aid of the Constables of the Hundred, so afterward Borsholders, and such like, were used as petty-Constables within their own tithings and Burrowes. But if it be so (as it is in some few places) that there is one Constable for the Commonwealth, and there is also one or more Tything-men, and the Constable doth execute all the Office, and the Tything-men are but as attendants on him, and seem to have but little power; or it be as in some places, the Tythingman is to do service to the Lord of the Manor, rather than to the Commonwealth, and he is a customary Tythingman chosen at the Lords Court. Or if it be so that there are two or more Tything-men, and one of them is for the Commonwealth, to execute the Office of Constable, and is always chosen at the Leet, and this Tythingman, time out of mind, hath been used to do nothing about the Office of the Constable, but to do other things; in these Cases the custom of the place may and must be continued, and such Tything-men shall not be compelled to do more than by custom they have used to do: Howbeit otherwise, and in all other places, all these Officers are comprehended within this word Constable, and all these Offices are contained within this Office. SECT. 2. Of the choice and swearing of High-Constables, and Petit-Constables. THe High-Constables are and may be chosen and made, either by the Justices of the Peace, at their quarter Sessions, or at the Leet, and there, either by the Steward of the Leet himself, or by the presentment of the grand-Inquest, in the Leet, as the course and custom of the place is: And these were heretofore chosen and sworn in the Sheriff's turn. The Petty-Constables are and may most properly be chosen by the Steward of the Leet himself, or the Presentment of the Inquest in the Leet; But these also are chosen by the Justices Dalt. Just. of P. 37. 38. of the Peace at their Quarter-Sessions. And all these Officers are and may be chosen for one or two years, according to the custom of the place. And when they are chosen at the Quarter-Sessions, or at the Leet, they do usually take their Oaths there where they are chosen; or they may, and sometimes they do Resol. of the Judges. take their Oaths before one Justice of Peace, at another time and place. A Petty-Constable also in some special Case may be made and appointed by one Justice of Peace, and that out of Sessions, as in case where one that is chosen Constable doth refuse the Office, or one that is made Constable is removed out of his Office, or is dead; in these cases, in respect of the necessity, and for a present supply, one Justice of Peace alone may Elect and Swear a new Coo. 8. 41. 42. Titz. off. Just. of P. 201. Lamb. in the Const. duty 10. 11. Dalt. Just. P. 322. 323 18 H. 6. 13. 21 Ed. 3. 2. 12 H. 7. 2 H. 4. 15. Marb, Officer, and then especially when the Quarter-Sessions, and the Leet are far off, and not to be kept in a great time after: And as touching this matter these things are to be known. 1. Where the custom of the place is, for the Jury in the Leet to choose these Officers, there they may and must be chosen still; for this is a good way and custom, and the best way of choosing these Officers; but where the custom is otherwise, there it may be otherwise. 2. Which way soever they be chosen, there must be great care had that those that are chosen Cap. 10. Fitz. Leet in toto. Marb. cap. 10. be fit persons to execute the Office; and therein these things must be observed. 1. The person chosen, must be a Lay, and not a Clergy-person, for all Clergymen are exempt from this service, as they are from attendance at the Leet; and therefore if any such person shall be chosen to this Office, he may get himself discharged by a Writ; whereof see afterwards. 2. The party chosen, as he must be a lay person, so he must be a layman, not a lay-woman, and therefore a widow or maid, albeit she keep House of herself, and dwell in a House whose owner hath been used to serve in this Office, is not to be chosen to this Office, no more than she is to do suit to the Leet. 3. The party chosen, as he must be a man, so he must be idoneus homo, i. e. a fit man, & that first for his knowledge, that he doth in some good measure understand what he doth and aught to do. And therefore a man that is non compos mentis, as an Idiot or mad man, an Infant, or the like, cannot be a fit man. 2. He must be fit for his honesty, that he may be likely to execute his Office truly without ill affection or partiality, and therefore it seems a scandalous liver, a malicious and contentious man cannot be a fit man. 3. He must be fit for his ability of Body and Estate. And therefore an old, weak, sick, or otherwise, impotent man; or a poor needy man that lives only by his labour, cannot be a fit man. It was therefore by special direction from the King, in An. Dom. 1630. given in charge, that the Constables in all parishes should be chosen of the able sort of parishioners; and that the Office should not be put upon the poorer sort, the which if it were well observed, would no doubt much further the execution of Justice through the Nation. And if because the common course is every where to put these Offices upon the meaner sort of men, the more able sort do think themselves thereby exempted, they are therein much deceived; for it is not much to be doubed but that all persons that are bound to do suit in the Leet, are bound to serve in these Offices, that are after a sort appendent to the Leet; and therefore if any such person be called and chosen thereunto, he must and will be compelled to execute the same: Howbeit it is deemed an unfit and indiscreet part to elect any to these Offices, that in respect of their o her Offices, Callings or Professions, are presumed to have so much other employment that they have not leisure to attend upon this so much as is required. And hence it is that the Justice of Peace, Sheriffs, Lawyers, Attorneys, and such like Persons, are seldom or never chosen to these Offices; For if any Steward or J●●y in a Leet should be so indiscreet as to cho●●e any such men to these Offices, the Justices of Peace, upon complaint to them hereof, will no doubt be so discreet as to discharge them again, and elect others in their place; for he cannot be fit for that Office which he hath no leisure to wait and attend upon: But otherwise it is not only lawful, but convenient also, that these Officers be chosen, in all places, of the abler sort of men. And therefore it hath been of late resolved by the Judges, That if a man had made himself one of the King's servants extraordinary, that this would not exempt him from the execution of this office, but he must have been made Constable notwithstanding. 4. An Infant under the age of twenty one years may not of right be compelled to serve in these offices. And yet if such a one be chosen and sworn, it seems he may execute the office as another man may do: And therefore if a young man of the age of twenty years, or thereabouts (especially if he be such a one as hath the growth wisdom, and courage of an elder man, as sometimes it falleth out) be chosen to this office, he shall do well to take it upon him and execute it. An old man also aged sixty, or thereabouts, (especially if his strength of body and mind be not much abated) may be compelled to serve in these offices. 5. If a man live within one Hundred or Tything, and have land only within another Hundred or Tything, he may not be chosen to serve in this office in the place where his land is; for if he have no House upon his Land, it seems neither he nor his Tenant is bound to serve in these offices at all, in respect of the Land● For men are bound to serve in these offices in respect of their Persons and Resiancy, and not in respect of their Land: But if he have a house upon his land, and a Tenant dwelling in it, and he be a sufficient man and able to serve the office, he may be chosen and made to serve it, but not the Landlord, for perhaps he may be chosen to this or some other office in the place where he dwells, and a man can do service with his body but in one place at one time. And yet if the Case be so that a man hath two several Houses in two several precincts, and within several Leets, and he do live sometimes at the one house and sometimes at the other house, in this case he may perhaps be made an Officer at either of the Leets, within either of the places, if he be there dwelling at the time when the Leet is kept; for a man may do corporal service at two places, at several times. But if two tithings be within one Leet, and one man hath houses in both the tithings, in this case it seemeth doubtful, whether albeit he do live in the one Tything, he may not be compelled to serve in this Office for his House in the other Tything, especially if the tithings be near, and he keep no Tenant in his House fit to undergo the Office when it shall come to his turn; wherein, as in all other such like cases a due consideration must be had of all circumstances. 3. By that which hath been said it may appear, then how unreasonable a thing it is, that these Offices should follow the Houses, or that two or three in a Tything, and no more, should always execute the same (as in some places hath been used) and therefore it hath Removing of a Constable. been well and wisely altered by the Order of the Justices in some if not in all places. 4. If there be a man unfit, for any of the causes aforesaid, chosen and appointed to this Office in a Leet, either by the Steward's nomination, or by the Presentment of the Jury, or by one Justice of Peace, only, out of Sessions, such a man may be removed and discharged again, by Order of the Justices of Peace, at their Sessions, and another man more fit may be by them, then and there, elected and sworn in his room that is so removed. But if the man elected and made Constable in a Leet, be a fit man, the Justices of the Peace may not remove him and appoint another: And so it hath been agreed by the Judges. And yet if the Justices of the Peace shall remove such a man chosen in a Leet, that is a fit man, it seems there is no remedy but by complaint to the Lord chief Justices, or the Judges of the Circuit, etc. If the Constable be chosen by the Jury in a Leet, and the man chosen be unfit, and the Steward of the Leet doth perceive it; in this case it seems the Steward himself may elect and swear another man, more fit, and refuse and discharge him that is so chosen by the Jury. And it is held also; That in default of the Leet, or otherwise, where there shall be just cause, every Justice of Peace, ex officio, may remove the old Constable and choose and swear a new one; and that for this purpose he may send forth his Warrant to require such Person to come in and take his Oath before such Justice of the Peace. Also there was (as it seems) another way of discharging and removing of this Officer, by a Warrant from the King to the Custom. Prescription. Sheriff of the the County, and to the High-Constable of the Hundred, whereof see a precedent in dalton's Just. of Peace, fol. 322. 5. No custom or prescription to exempt any man not exempted as before, or to warrant an undue election, contrary to the rules before laid down, will avail or shall be allowed unto any person or Tything. 6. If a man be chosen to this Office in a Leet, and he refuse to take the charge thereof upon him, he may be fined for this contempt in the same Leet. And if he be chosen at the Sessions, or by one Justice of Peace out of Sessions, and he refuse to take his oath, he Numb. 1. Deputy. may be Indicted and fined at the Sessions for this contempt. 7. A Constable chosen and sworn, may make what Deputies he will, under himself, to execute his Office; for there is no doubt but in time of sickness, and at other times also he may, if he will, execute his Office by Deputy, but the Officer himself must expect to answer for all the misdoings of his Deputies. And if one man be chosen an Officer, and he desire to have a Deputy, and to have him sworn and allowed, if the Deputy be sufficient, and be allowed and sworn, in this case the Deputy, and not the other, is the Officer; and therefore the Duputy must answer for himself, and his do, and not the other for him. But the making of a Deputy in this case, is rather by toleration than by Law, and so hath it been delivered by the Judges. The form of the Oath of a Constable. YOu shall swear well and faithfully to serve the Commonwealth, in the Office of a Constable. You shall see the public 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 the public Peace. You shall do your best endeavour, upon complaint to you made, to apprehend all Felons, Barators & Riotors, 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 he taken. You shall do your best endeavour that the watch in your town be duly kept, and that Hue and Cry he duly pursued according to the Statutes: And that the Statute made for punishing of Rogues, Vagabonds, and 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 and other Victualing-houses, and for the repressing of drunkenness and profane swearing. You shall true Presentment make of all Bloodshedding, Affraies, Outcries, Rescues and other offences committed or done against the public 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. Or thus more briefly. YOu shall swear that you shall well and duly execute the Office of Constable [or Tythingman] for the Parish [or Tything] of S. for this next year [or half a year, as the Case is] and until another be sworn in your room, or you shall be legally discharged thereof. So help you God. CHAP. VIII. Of the Power and Duty of the High-Constable and petty-Constable in common, and one with another; And of some few things the petty-Constable, and not the High-Constable, is to do. THese Officers and their Offices, as they had a far greater Authority than now they have, so have they been of far greater account than now they be. For by the ancient Common-lawes, before there were any Justices of Peace made, the Constables of every Village had a kind of Rule within the same Village, and were to keep the Peace there; and therefore the Constable was called the Ruler of the Village, and it is thought, that at that time the Authority and account of these Officers was much like to the Authority and account of the Justices of the Peace at this day; and therefore they had then the same Titles of Conservators of the Peace given unto them, which is given to the Justices of Peace at this day, Sed tempora mutantur & nos mutamur in illis: For this is vanished now, and there is but little sign of it: for at this day they do for the most part but execute the Commands of others & yet somewhat there is remaining, as the footsteps of what formerly they had, the which to set forth is our labour in this place: For the opening whereof we shall observe his method. First, we shall show what all Constables, High and Low Tything-men, Borshollers, etc. may and must do, and what is their common and equal Duty and Authority, and then next what the High-Constable may and must do more than the petty-Constable, etc. and wherein these Officers have a distinct and several duty one from another; and then we shall show what the Constables of some great Towns may do in some special Cases. SECT. 1. Certain general Rules and Cases about these things. FOR the further clearing and opening of these things, observe these Rules and Cases following. 1. Every of these Borsholders, Tything-men, Numb. 1 Borrow heads, Headboroughs, Third-borowes and Lamb. in the Duty of Constables f. 6. Chief-pledges, hath two several Offices at this day, the one being his Ancient and first Office, and the other his later made Office; his first Office began thus. By the ancient Laws of this Nation (before the coming in of King William the Conqueror) it was ordained for the more sure keeping of the Peace, and for the better repressing of Thiefs and Robbers, That all free born men should cast themselves into several Companies, by ten in each Company; and that every of those ten men of the Company should be surety and pledge for the forthcoming of his fellows; so that if any harm were done by any of these ten against the Peace, than the rest of the ten should be amerced, if he of their Company that did the harm should fly and were not forthcoming, to answer to that wherewith he should be charged; and for this cause these Companies be yet in some places of England called Boroes, of the word Borhes, Pledges or Sureties; albeit in the Western parts of this Nation they be commonly named tithings, because they contain the number of ten men, with their families; and even as ten times ten do make an hundred, so because it was then also appointed that ten of these Companies should at certain times meet together for the matters of greater weight, therefore that general Assembly or Court was, and yet is, called a Hundred. And it was then also ordained, That if any man were of so evil credit that he could not get himself to be received into one of these tithings or Boroes, than he should be shut up in prison, as a man unworthy to live at liberty amongst men abroad; and whereas every of these tithings or Boroes did use to make choice of one man amongst themselves to speak and to do in the name of them all; he was therefore in some places called the Tythingman, in other places the Boroes-Elder, now called Borsholder in some places, in other places the Boroe-Head or Headborough, and in some other places the Chief-Pledg, which last name doth expound the other three that are next before it; For Head or Elder of the Boroes, and Chief of the Pledges are all one, and in some Shires where every Thirdborow hath a Constable, there the Officers of the other two are called Third-Borowes. Moreover in these tithings or Boroes, sundry good orders were observed, and amongst others: First, That every man of the age of twelve years should be sworn to the King. Then that no man should be suffered to dwell in any Town or place unless he were also received into some Suretyship and Pledge as is aforesaid: And that if any of these Pledges were imprisoned for his offence, than he ought not to be delivered without the assent of the rest of his Pledges. Again, That no man might re●ove out of one Tything or Boroe, to dwell in another, without lawful Warrant in that behalf. Lastly, That every of these Pledges should yearly be presented and brought forth by their Chief-Pledg, at a general Assembly for that purpose, which at this day is called The view of Frank Pledge. And of this ancient Office there is yet some show in our Leets or Law days, and well were it for us if the very substance thereof were throughly performed at this day. The latter Office of these Officers, is in manner all one with the Office of a Petty-Constable. Secondly, some things these Officers are to Numb. 2 do in their Office, they are to do, Ex Officio, and by the duties of their places, without any command from others, and for other they must do them by command from others, and without this they need not do it, not can they justify the doing thereof. Thirdly, Some Numb. 3 part of their Offices are derived from the ancient Common-Law, and other parts from certain Acts of Parliament newly made, whereby they are further enabled or charged than they were before by the Common-Law. Fourthly, Numb. 4 The Office of the Petty-Constable and High-Constable is one and the same for most things, only the High-Constable is over all the Hundred, and the power of the other is only in his Parish or Tything, Fiftly, That whatsoever the Numb. 5 Law doth require of these Officers by the duty of their place that it doth give them authority Daltons' J. P. 28. 296. Fitz. Just. P. 30. Lamb. Just. of Peace 240. to do, and whatsoever the Law doth give them authority to do, that for the most part the Law doth enjoin them by the duty of their place to do. Sixtly, Whatso●●er any other man may do in those things whereabout the Numb. 6 Office of a Constable is conversant, the Constable What every man may do in the Constables Office. may much more do: And therefore a Constable may without doubt part Affrayors, or keep them asunder in a Room of his own or of another man's house, for a time, to prevent mischief. And if he see one coming with a weapon drawn, or the like, intending to take part in the Affray, he may lay hands on him and stay him, and he may Arrest or Imprison one he Arrest. doth know or suspect to have committed a Felony, Felons. or one that is apparently about to commit a Felony, or one that hath dangerously wounded another, or nightwalkers that are Nightwalkers. dangerously suspicious, or one that keepeth or useth any Gun, etc. contrary to the Statute, or the like; for in all these cases any other private man that is no Officer, may do the same and justify it. Seventhly, That Numb. 7 which shall be said of one of these Officers must regularly be understood of all the rest, except it be in the cases wherein the office of the High-Constable of the Hundred, and of the head Constable of a Town are in some few things singular. So that as the Constable of a Parish is to labour to keep the Peace, suppress Felons, execute the Justice of Peace his Warrant, and the like: So is the Tythingman, Borsholder, Borohead, Thirdborow and chief Pledge of a Parish to do the same; and this Officer, where he is called by this name within his Precinct, hath the same authority in all things as the Constable hath within his Precinct. Eighthly, Numb. 8 All the cases herein set down touching the office and duty of these Officers must be so understood as to give them authority, & to charge them within their own limits and precincts only, and no farther; for howsoever these Officers are bound to look to the Peace, to suppress Felons, execute the Justice's warrants, and the like, yet all this is to be understood within their own Hundreds, Parishes an● Tythings only, within which only they have authority and power; except it be in some special cases, shown after; for out of the Compass of their Hundreds, tithings and Parishes, they have no more authority than a private man, neither are they more bound there to do any of the things that do belong to their office, than any Numb. 9 other man is. Ninthly, that in case of pursuit Aid. Broo. Ry. 3. Tresp. 431. 3 H. 7. 10. 13 H. 7. 10. 38 Ed. 3. 8. Dalt. J. P. 303. and apprehension of Felons, and carrying them to Gaol, in case of suppressing Insurections, allaying of Affrays, keeping of the Peace, execution of the Warrants of Justices of the Peace, and the like, any of these Officers (when need shall be) may require the aid and assistance of so many of his Neighbours, or others, of all sorts of able men, above fifteen years of age, as he shall think meet; and so also he may do in case where a man is hurt and dangerously wounded, for the apprehending and arresting of him that gave the wound; and so also he may do when a Warrant is sent unto him, for the apprehending of a popish Recusant, by special provision of the Statute of 3 Jac. cap. 4. And if any such person being required by any of these Officers, in any such case, shall refuse or neglect to aid them, he may be fined and imprisoned for it at the Quarter Sessions. Tenthly, these Officers, if they cannot otherwise Numb. 10 get in, may justify the breaking open of Breaking of a house. Coo. 5. 92. Dalt. J. P. 176. 177. 13 Ed. 4. 9 3. Jac. 4. any man's house in these Cases following (viz.) to search after or arrest any Person for Treason or Felony, or suspicion thereof, that is or is thought to be in the House; to take a man that hath dangerously hurt another, and is fled into the House; to appease an affray that is in the House; to apprehend a Popish Recusant, upon a Warrant to break open the house, and upon a Warrant for the Peace or good Behaviour, by the opinion of Popham and Clerk, Judges of Assize at Cambridge. And so generally in all cases wherein the Keepers of the Liberty are Party, or where they have any Interest in the business. And yet it seems in case of a Warrant to apprehend an Alehousekeeper for selling without licence, and to carry him to Bridewell upon the second Conviction; it was doubted by the Judges, in their Resol. 1633. Sect. 11. But in all these cases the Officer, Numb. 11 before he doth break open the house, Fresh pursuit Pl. 37. Dalt. J. Peace. 23. Arrest out of the Officers precinct. To what Gaol a Prisoner may be carried. must signify the cause of his coming, and require them to open the doors. Eleventhly, where an Officer hath power to arrest a man, and being coming to do it, the party doth fly into another County or Hundred; in this case the Officer may presently pursue him whithersoever he shall so fly, and arrest him there, albeit it be in another Hundred or County, out of his own Precinct. Twelfthly, if a man commit a Felony in one County, and be arrested Numb. 12 in another County for the same, by the fresh Daltons' J. P. 297. 298. pursuit of the Officer, or some other, pursuing him thither: in this case the Prisoner must be carried to the Gaol of the County where he is taken, and not to the Gaol of the other County: And if a Constable be coming to arrest Affrayors, and they fly into another County, and he pursue and take them there, in this case he must bring them before a Justice of Peace of the same County where they are taken; where the Officer can do no more than a private man: But if the flight be only into a privileged, or other place in the same County; in this case the Officer may in his fresh pursuit thither take him, and dispose of him as an Officer, and as if he took him within the limits of his own Parish. And if a Constable arrest a man upon a Warrant from a Justice of Peace, and after the arrest, the party (of his own wrong) getteth away and flieth into another County: in this case the Officer may pursue him and take him there, and bring him back to the same Justice of Peace from whom the Warrant came. Thirteenthly, Nmb. 13 It is dangerous to oppose or hinder Resisting an Officer. Coo. 4. 40. 9 96. Broo. Tres. 296. 21 H. 7. 39 Lamb. J. P. 29. 298. Dalt. J. P. 297. Murder. Trespass. Good behaviour. these Officers in the doing and execution of their office: For to kill any one of these officers in the doing of his office, is wilful murder, and causeth unavoidable death? or to beat or wound any such Officer, in the doing of his office, is a great Trespass to be recompensed with great Damages: And otherwise to abuse any such Officer, in the doing of his office, is a great Misdemeanour, that may cause the offender to be bound to the good Behaviour. And if the party that is to be arrested shall make resistance, make an assault upon the Officer, or labour to get away, the Officer may justify the beating, yea and the Beating. wounding of him also, or he may imprison him in the Stocks for the same. But upon a Stocks. Warrant of a Justice of Peace, for the Peace or good behaviour; if the party resist or fly before he be arrested, it is said the Officer cannot justify the beating of him; yet if the Officer please he may soon arrest him, for if he be a known Officer, and do but say to the Party: I arrest you in the name of the Keepers Arrest. of the liberty of England, albeit he never And so was the opinion of the Lord Keeper, & the Lord Chief Justice 5. Car. Murder justfiable. lay hands upon him; this is an Arrest in Law. And if a Warrant be sent to any of these Officers to Arrest one Indicted of Felony, he may justify the kill of the Party, if he cannot otherwise take him, or being taken, if he resist and fly when he is taken. Fourteen, Where any of these Numb. 14 Officers hath Arrested a man, and hath power Fitz. Cor. 61. 288. 328. When an Officer may imprison a man in another place then the common Prison. to imprison him, it is held that he may not imprison him in his own house, or in any other place but the common prison, and the prison also of the same County; for he may not carry him to the Gaol of another County, except it be in some special Case, as where one Gaol doth serve for divers Counties, or the like; and yet upon reasonable request, as Fitz. Barra. 202. 20 E. 4. 6. 10 Ed. 4. 17. 22 Ed. 4. 35. 3 H. 4. 9 Kelw. 45. 11 E. 4. 7. Stocks. because it is night, or because the Officer doth want strength enough to carry him to the Goal or to the Justice, or because he doth fear a Rescue will be made upon him, or the like; in these Cases the Officer may put the party in the Stocks, and keep him there for a reasonable time, viz. until the morning, if it be at night, or until he can be conveniently provided for strength and aid to carry him to prison, or to the Justice of Peace. But some Lamb. J. P. 2. cap. 3. say that an Officer may keep a Prisoner in the Officers own, or in another man's house, for a time convenient, and justify it; whereof others much doubt: And therefore the safe way is to keep him in the Stocks, or carry Numb. 15 him to Prison. Fifteenthly, If the prisoner How an Officer may use a Prisoner. put in the Stocks be taken for Felony or suspicion of Felony; in this case the Officer may lock the Stocks; and if need be, he may also put Irons upon the Prisoner. And if the Dalt. J. P. 300. Officer be to convey him to the Gaol, or to the Justice of Peace, he may pinion him, or otherwise make him sure, that he shall not escape. Sixteenthly, If a private man, that is Numb. 16 no Officer, take another man for Felony, or 10 Ed. 4. 17. Fitz. Office of J. P. 201. suspicion of Felony, within the Precinct of any of these Officers, and bring and deliver the Ptisoner to the Officer of the place: in this case the Officer is bound to see the Prisoner safely conveyed to the Gaol: for if he suffer him to escape, he must answer for him: Escape. And so also it is, if there be no Officer in the place where the Felon is taken, and the party carry him and deliver him to the Officer of the next place: for it seems this Officer also in this case, is bound to look to him at his peril. Seventeenthly, As touching the execution Numb. 17 of the Warrant of Justices of the Peace, these How far these Officers are bound to obey the Warrants of the Justice of the Peace. 31 H. 8. 9, 6. See the Constable's Oath, Kytch. 47. things are to be known. 1. In all cases, where any Warrant is sent from any Justice of Peace, to any of these Officers, touching any matter whatsoever, concerning the Office of the Justice of Peace; it seems he is bound to execute it: And therefore it seems, that in all cases where any Statute doth enable a Justice of Peace to apprehend any Person to be brought before him, or to commit any person to the Gaol, as in the cases of those that keep unlawful Games in their houses, or haunt such houses, or in the case of men that shoot in, or carry Guns, or the like; That in all these cases the Justices of Peace are to command these Officers, and they are to obey them. 2. These Officers must with all respect, receive How they must receive and excute the Warrants of the Justices. Dalt. J. P. 291. the Warrants of the Justice of Peace: for if any Warrant be sent from a Justice of Peace, to any one of these Officers, and he shall show any neglect or contempt of it, as by casting it into the dirt, etc. or do not with all care, secrecy and diligence exeecute the same; these are misdemeanours punishable: and for either of these misdemeanours, the party offending may either be bound to the good behaviour, or be Indicted and fined. And by the Statute of 27 H. 8. cap. 5. there is a special charge laid upon the officers, within the Counties of Wales, That they be careful to execute the Warrants of the Justices of the Peace there. 3. Let him then consider what he hath to do: For howsoever this be true that he is not bound to, nor may he dispute the authority of the Justice of Peace, and whether his Warrant be lawful or not. For if the Justice mistake, and go beyond his authority in the manner of proceeding in a thing, wherein for the matter he hath Conusance; As if he send a Warrant to him to arrest any man for the Peace or good behaviour, without any cause; or to take a man for a Felony when none is done; yet in these and such like cases the Officer is bound to execute it, and he shall be excused therein. But if the thing whereabout the Warrant is, be such a matter as is out of the jurisdiction of the Justice of Peace, and wherein he is no judge; As if he send his Warrant to the Constable, to levy of the goods of J. S. 10. l. Debt, which he doth owe to him, or own to another, and all this appeareth upon the Warrant itself; That in this and such like cases, it is agreed, That the Officer may refuse to execute it, and may (not without danger) obey it. And truly to me it seems necessary we distinguish again between things apparent, and things concealed, and between lesser and more notorious mistakes: and it is reasonable to affirm, that if the mistake and error of the Justice of Peace be set down in the Warrant and be gross and notorious; As if he send a Warrant to levy of a man 10. l. because he hath sworn an Oath; Or send his Warrant to one of these Officers, to command him to sell the one half of the Goods of a man convict before him for swearing. 6. Oaths, when perhaps these Goods may be worth 100 l. or he send a verbal Warrant only, to one that is absent and out of his presence; or send his Warrant to the Constable of the Parish of Dale, as Constable of Dale, to levy a forfeiture upon an offender, for an offence in Sale, out of his Precinct, or send his Warrant to a Constable, to carry J. S. to Gaol, because he will not pay him a Debt he doth owe him; That in these and such like cases, the Constable is not bound to obey him, or execute it; nor shall he be excused if he do it. But if the Justice of Peace, where he hath power to send a man to Prison after ten days, give Warrant to send him to prison before the ten days be out: Or if by an Act of Parliament, he is directed to send a Warrant under his hand and seal, send it only under his hand, or contra: And where he is to send it to the Constables and Churchwardens, he send is to the Constables or Churchwardens; or on the other side, and in such like petit mistakes, it seems reasonable to me the Officer should be excused, if he do execute it; for it is a very hard thing to require of him an exact knowledge of the many Acts of Parliament, so variously and incertainly penned herein, as belong to his Office; and he is in danger to be punished if he do not execute the Justice of Peace Warrants. So that my advice herein to the Officer is, to consider well of the Warrant; and if he find the thing to be done, nothing but what is ordinary, and hath been used to be done by these Officers, he is to do it: but if it be to do any thing unusual, new, strange, and extraordinary, to be well advised he do it. Coo. 10. 76. 6. 54. 14 H. 8. 16. Broo. F. Impr. 8. And if a Justice of Peace send a general Warrant to an Officer, to carry J. S. to Gaol, or to bring him before him, and express no cause why, it seems to me reasonable in both these cases, the Officer in the doing hereof is excusable. But if the Justice have not good cause for it, he may be sued for it: And so perhaps he may be, though he have cause for the not expressing of it within his Warrant. If this Officer do arrest any man under Warrant. pretence of a Warrant, let him be sure he have the Warrant first. For if the Officer first arrest, and bring the man to the Justice, and then get a Warrant to do it, this will not make the arrest lawful. 5. A Warrant of a Justice of Peace by word of mouth, is as good in some Cases as a Warrant by writing: As if a Riot, or other breach of the Peace, be in his presence, he may by word of mouth command the Officers, or any other, to arrest the offenders, to find Sureties of the good Behaviour in the first, or Peace in the last Case; and if they refuse to put in Sureties, he may by word of mouth command to convey them to the Gaol. But in other Cases he cannot give warrant to an Officer that is absent and out of his presence; and if he send a Warrant by Message only to an Officer to arrest a man and carry him to Gaol, the Constable may refuse to do it. 6. If any Warrant come from a Justice of Peace to one of these Officers, to do a thing, the Officer himself must do it, and he cannot by word or writing make a Deputy, or Deputy. command another to do it, but he may call what aid he will. 7. In the execution of these Warrants, he is to take great care that he follow the contents of his Warrant, and not to exceed it, for that may be dangerous. And yet this must be understood, that when any thing is commanded, all that doth necessarily conduce to the doing of that thing, and without which it cannot be done, is commanded also; and therefore all that, and so much, may be done, albeit it be not set down in express words in the Warrant. And it is said that if a Warrant be made to J. S. and J. K. to arrest J. D. In this Case either of them alone may make the Arrest. 8. A Constable or other Coo. 9 69. 6. 54. 8 Ed. 4. 15. Dalt. J. P. 28. sworn or known Officer (albeit he be not known to the party arrested) needs not to show his Warrant to the man when he comes to serve it upon him, although he demand it, but otherwise it is when he that is no Officer shall arrest a man upon a Justice of Peace warrant, for he must show his warrant, and the sworn or known Officer also must upon the arrest of the party declare the contents of the Warrant to him. 9 A Constable or the Coo. 9 69. like Officer giveth sufficient notice what he is, when he saith to the Party, I arrest you in the Arrest, what it is. name of the Keepers of the Liberty of England etc. for this is an arrest in Law, and therefore in this case the party arrested, at his peril, must obey, though he know him not to be an Officer; for if he have no lawful Warrant, the party grieved may hereupon have his Action of false imprisonment against him. 10. The Officer must take care that he take the very party named in the Warrant, and not another; for if a Warrant be intended against J. S. (who is the Delinquent) but it be sent against J. D. another man; in this Case the Officer cannot arrest J. S. but must arrest J. D. 11. If the Prosecutor for the Peace or good Behaviour, after the Warrant sent, agree, yet the Officer must execute his Warrant. 18. When any one of these Officers hath Numb. 18 arrested any man for any cause, the Officer must take great heed that he do keep the Prisoner safe, and not suffer him to escape, Dalt. J. P. 292. Escape. especially if the arrest be for matter of Felony; for in this Case, if he willingly suffer him to escape, this offence is Felony in the Officer. And be the cause of the Arrest whatsoever it will, if the Officer do willingly or unwillingly, and negligently suffer him to escape, and do not take him again, he shall be fined for it according to his offence, by the discretion of those that shall be Judges of the cause; 11 H. 4. 25. Stamf. 35. for Officers in these Cases may require what help they will. And lest any Officer should flatter himself, that he may escape with an easy Fine; he is to know that the Judges of his fault, may set his Fine equal to the value o● all his goods, if his offence so require. And if an Officer take a man upon a Warrant from a Justice of Peace, and then letteth him go, and taketh his word that he shall come again to him such a day, to go to the Justice of Peace, Arrest. and the party cometh not; this is an escape in the Officer, for which he may be punished, and the Officer (as it seems) cannot now arrest him upon this Warrant. But if the party in this, or any such like Case, escape of his own wrong, without the consent of the Officer, the Officer in a fresh pursuit may take him again, albeit he be out of his sight and out of his Precinct, as is before showed. Nineteenthly, Numb. 19 The Gaoler must receive the Prisoner offered Duty of the Gaoler. 4 Ed. 3. 10. 11 Ed. 4. 7. Bro. Faux. Impr. 24. 25. 27. unto him, freely, & without taking any thing of them that bring him. But it is said, that a Gaoler is not bound to receive any Prisoner from an officer immediately, but by a Justice of Peace Warrant. But it is not safe for a Gaoler to refuse such a Prisoner; for if a Constable may, & in some cases must, & is bound by the duty of his place, to bring some Offenders to Gaol without any Warrant of a Justice of Peace, (as he is) the Gaoler is bound to receive them so brought. And if a man be arrested for Felony, and the Constable carry him to the Gaol, and the Gaoler will not receive him, it is said the Constable must bring him back to the Town where he was taken, and that the Town must be at the charges of keeping him, until the next Gaol-delivery. But howsoever the Officer must look to him for fear of an escape: and in this case the best way for the Officer, is, to get a Justice of Peace his Warrant to send the Prisoner to the Gaol, and hereupon the Gaoler doubtless will receive him. Twentiethly, In what case an Officer maey set a Prisoner at liberty again. Fitz. Office of J. P. 130. These Officers, albeit they have power, in divers cases before and after shown to imprison a man; yet have they not power in any case to deliver a man imprisoned again. And therefore if a Constable in case of an Affray commit an Affrayor to the Prison, the Constable may not afterward set him at liberty again: Or if he take a man upon a suspicion of Felony and he doth afterwards perceive some cause to make him believe the party apprehended is Innocent in the matter; yet may not the Constable deliver him, but he must continue in Prison until he may be delivered by order of Law, either at the Sessions or otherwise, as the cause shall be. And yet if an Officer shall only put the Affrayors apart into the Stocks, or into some House or Room (as it seems he may) until the hear be passed; in this case the Officer of his own head may set them at liberty again. 21. Every person that shall be Allowance. Charge of a Prisoner. sent to Gaol by a Justice of Peace, having means and ability of his own, must bear his own charges to be levied of his Goods and Chattels by the Constable upon a Warrant to him, sent by a Justice of Peace; and not having goods, then to be born by the Parish where the Felon is apprehended, by an indifferent Assessment to be made by the Constables and Churchwardens, and two or more of the Inhabitants, by allowance of a Justice Numb. 20 of Peace. 22. If any of these Officers What Pleas these Officers shall have being said. 21 Jac. 12. 7 Jac. 5. shall be sued for any thing done by them in the execution of their Offices; or if any suit be brought against their Deputies, or any others which in their aid or assistance, or by their commandment, shall do any thing touching their Offices, this Action must be laid in the County where the thing was done; otherwise the Defendant shall be found not guilty, howsoever the case be: And in all Actions brought against them for the causes aforesaid, they need not plead the special matter, but may plead the general issue, and give the special matter in evidence. And if the Verdict upon trial pass with the Officer, or the Plaintiff be Nonsuit, or suffer his Action to be discontinued, the Defendant shall recover his double costs sustained in Costs. the said Suit. 23. These Officers, & all the rest hereafter named, must take care that they take nothing of any man for any work they do in the Extortion. execution of their office, more than is allowed them and is their due; for this offence in them is extortion, and punishable by Fine and Imprisonment. 24. These Officers, as well as other, Account. are to give an account to the Parishioners of the moneys they do any way receive: And this, if they refuse to do, they may no doubt be compelled unto by the Justices of the Peace, at their Quarter-Sessions. 25. And as touching Numb. 21 the disbursments of these Officers about the execution Expenses and disbursments of Officers. of their Office, as for the carriage of Prisoners to Gaol, the conveying of Rogues, and the like, whereby any special Act of Parliament they are to be allowed it, or any thing towards it, and the means of recovering it is set down; there they shall have the same allowance; and they must pursue that means for the recovery of it. And so in all cases where the offender is sent to Goal by a Justice, there is a means appointed by the Statute of 3 Jac. 10. by the sale of the offenders Goods, or a Rate by the Parish as before. But in other cases also, it seems very reasonable that they should be allowed it again from the Parish: and if the Parish will not allow it, perhaps the Justices of Peace, upon the complaint of the Officer, may devise some way, and doubtless they will do what they can to relieve him. And therefore he is to call his Neighbours, or as many as will come, and with them, or without them, if they refuse make an equal Rate sufficient to pay all his necessary charges and expenses in the doing of his Office; and it will be good to get a Justice hand to it, if he can: and if any refuse to pay it, let him complain to the Justice of Peace, who will either bind him that refuseth to the Quarter-Sessions, or find some other way to bring him to reason. But as touching their ordinary expenses, for meat, drink, etc. in their travels; for this it seems, there is no remedy, but that the Officers themselves must bear it: Howbeit in these things the custom of the place is to be continued. SECT. 2. Of the Office of the High and Petit-Constable, about the Peace. THe authority and duty of all these Officers, High-Constable, and Petit-Constable, by the Common-Law, consisteth much about the Peace of the Commonwealth; and herein in three things. First, In foreseeing that nothing be done that tendeth either directly or by means, to the breach of the Peace. Secondly, in quieting or pacifying those that are occupied in the breach of the Peace. And thirdly, In punishing such as have already broken the Peace. And here, lest any man should be deceived Breach of the Peace, what it is. in the not understanding what is meant by the breach of the Peace, it must be known, That by the breach of the Peace is to be understood, not only that fight which we commonly call the breach of the Peace, but also that every Murder, Rape, Manslaughter, and other Felony whatsoever, and every Affraying or putting in fear the People of this Commonwealth, whether it be by unlawful wearing of Armour, or by assembling of people to do any unlawful act, are taken to be disturbances and breaches of the Peace. For the better preventing of the breach of Numb. 1 the Peace, and that nothing be done against it. First, Any one of these Officers may, without Warrant from a Justice of Peace, ex officio, Against suspected persons, as Nightwalkers and the like. Stat. of Winchester 13 Ed. 1. 4. 5 Ed. 5. 14. 13 H. 7. 10. Fitz. Office. I P. 200. 1 H. 7. 7 Bro. Tres. 432. and of his own authority, by night or day, arrest suspected persons, strangers, and others, that walk in the night, and sleep in the day, or haunt Bawdy-houses, or other suspicious places; or shall do, or commit any outrage or misdemeanour: For if a Constable be informed of a lewd man and woman that are together and about to be incontinent and lewd, he may take with him so many of his neighbours as he will, and arrest the same man and woman, or any such disorderly person, and bring them to a Justice of Peace to be bound to the good behaviour. 2. And the better to apprehend such persons, Bawdry. they are to see and take care that Watch and Ward be duly kept. And for this, these things are to be known. 1. None but Inhabitants of the same Town are compellable to Watch and Ward. 2. It must be by men of discretion, Numb. 2 able bodies, and sufficiently armed. 3. It Watch & Ward Kitch. 47. 48. 49. must be by turn, or by the house, according to the custom of the place. 4. The Constable, ex officio, is to order it, and he may enlarge it as there is occasion; but he cannot change the course of it at his pleasure, and make some Watch, and excuse others. 5. If any neglect or refuse to do his duty, the Constable may present this default at the Assizes or Sessions, or complain of it to a Justice of Peace: And some hold the Constable may put him in the Stocks for his contempt. 6. This Watch is from Ascension to Michaelmas, and must be from Sun to Sun; And the Warding then (in congruity of reason) must be the rest of the twenty and four hours' day. 7. These Watch and Wardmen, are to pose all men, to arrest and secure till morning Rogues and others suspicious, and them to bring to a Justice of Peace to be examined: Or, if they will, they Dalt. J. P. 60. Winch. 13 Ed. 1. 4. 5 Ed. 3. 14. Hue and Cry. may deliver them to the Constable, who must take care of them. And if any resist them, and go away, they may send Hue and Cry after them: and upon this any man may arrest them. 8. For default of this Watch and Ward the Township may be punished. So that all that the Constable hath to do in this case is, to appoint it in an orderly way, who when, and how it shall be done, and to see it be done; and if it be neglected to complain of it, and get it punished. The Watchmen thus appointed, may have from the Constable these or the like instructions, (viz.) To keep the Peace amongst themselves; to Watchman's charge. continue their Watch diligently until the Sun rising, without noise & 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? and 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, if it cannot be avoyed, for resisting the Peace of the Nation; 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 to such places where they behold any Candle or firelight, to know the cause; or where they here any noise of People especially in Taverns, Inns, and Alehouses; and finding any there, to admonish them to departed; and refusing, to compel them, as aforesaid. And if any unknown Person, hors-man or footman, shall pass by them, or that shall drive any , Horse, or the like; or that shall carry any burden on Horseback, 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 occasions. 3. In an action of Trespass of an assult and Numb. 3 battery, the Defendant pleaded, that there were Nightwalkers divers Felonies committed in those parts where he dwelled; and he being watching in his house came into the high-street, where the Plaintiff was at eleven of the clock in the night; and the Defendant came unto him and laid his hands in peaceable manner upon him to see his face, and when he perceived he was a true man he left him and departed. And this was allowed to be a good justification; for by the Statute of Winchester Watchmen may arrest Nightwalkers, and may appose them from whence they come, and what they be? Also any other man may arrest Nightwalkers, because it is for the good of the Commonwealth. 4. If any Person whatsoever, except the Keeper's Numb. 4 of the Liberties, Servants and Ministers of Against persons that ride armed or make Insurrection. 2 Ed. 3. 3. 2 R. 2. 13. Fitz. J. P. 202. Justice in executing Precepts or their Offices, or such as shall assist them, and except it be in pursuit upon Hue and Cry made to keep the Peace (and that in places where Acts against the Peace do happen) shall be so bold as to go or ride armed by night or by day, as to carry any Dags or Pistols; or to be apparelled with privy Coats or Doublets in any Fairs, Markets, or any other place to terrify the people; And if any do so, or if any great Assembly, Riot, or Rumour be made in any outrageous manner, in nature of an insurrection. In the first of these Cases the high-Constable or petty-Constable may, and must take their Armer from them, and seize it to the Seize Arms. Arrest. use of the Keepers of the Libertyes, and arrest the parties, and carry them to a Justice of Peace, or (as it seems) to Gaol, there to abide during the pleasure of the Keepers of the Liberties. And in the last of these Cases, they may and must take with them the power of the Power of the County. County, and suppress them, and arrest the Offenders, and carry them to a Justice of Peace, or commit them to Prison till they put in Sureties Aid. for their good behaviour. 5. And if one man do threaten to kill another, Numb. 5 and especially if he lie in wait so to Against him that doth threathen Murder. Fitz. Bar 202. 2 Ed. 4. 36. per. Briam, 3 H. 4. 9 do, and he who is so threatened doth complain to any one of these Officers (being Officers of the place wherein the party threatening is abiding or doth dwell) and entreat him to arrest the party to find Sureties of the Peace: In this case the Officer may and must arrest him forthwith to find Sureties; and therefore carry him before a Justice of Peace; or being there, to get Sureties, the Officer may presently carry him to Gaol. But some say that this threatening must be in the hearing of the Constable, or else that he cannot do it. But if the thing be true, it seems in both cases alike: And in such Cases the Constable, if the party have no Sureties ready, may carry him to Gaol, of his own Authority. 2. As these Officers are to take care to prevent Numb. 6 the breach of the Peace before it be; To suppress the breach thereof in case of Affrayors. Fitz. J. P. 130. Lamb. J. P. 173. Dalt J. P. 28. 29. 22 Ed. 4. 35. 21 H. 7. 21. 13. H. 7, 10, So are they to take care to suppress and allay it when it is: And therefore in case of Affrays, they are to labour carefully and speedily to appease them; wherein these things are to be known. 1. If any of these Officers shall see a man presently bend, and in fury going about to break the Peace, as by using of hot words, or the like, by which an Affray is like to grow, he may, and must straight charge and command the Persons at debate, in the name of the Keepers of the Liberties of England, to keep the Peace, etc. and to avoid upon pain of imprisonment: And if there be nothing but words between the parties, it seem the Constable can do no more but this, and may not lay hands on them, unless they go further. But 2. If the parties at variance will not hereupon obey the Officer, and departed, but go on further to threaten to beat, hurt, or kill, and especially if either of them draw weapon, or give, or attempt to give any blow; then the Officer may, and must keep them asunder by force; and for that purpose, if there be need, may use his Aid. his own weapon, and may call and require others to help him, who at their perils must do 21 H. 7. 21. Fitz. J. P. 130. so. 3. And if the affrayors shall still proceed, and go from words to blows, the Officer and his assistants may by force apprehend the Affrayors, and cause them to render themselves, and put them in the Stocks, or in some other Prison or place until the heat be past; or if it be in the night, until the morning; or they may carry them unto the next Gaol, or to a Justice of Peace. 4. If the Affray be great and dangerous, the Officers may make Proclamation that the Affrayors shall departed; and if they refuse or resist, they may commit them to prison in the Stocks, or other fit place, till the heat Imprisonment. be over, or that they can carry them to a Justice to find Sureties, especially if any man be hurt in the Affray. 5. If the Officer, or 21 H. 7. 21. Lamb J. P. 141. 142. any of his Assistants in this service shall be hurt by the Affrayors, they shall have good remedy against the Affrayors. But if the Affrayors be hurt by the officers or their Assistants, in doing of their duty herein, the Affrayors shall have no remedy against them: For if the Affrayors shall resist, and refuse to obey the Officer; In Officer may beat, etc. this case he may beat or wound them and Justify the doing thereof. And yet if another man (that is no Officer) of his own head shall take upon him to part Affrayors (as he may) and in the parting of them he hurt one of them; In this Case he that is hurt shall have an actiof Trespass against him that did hurt him. 6. If he that doth make the Affray, when he doth see the Officer coming to arrest him, shall fly into a house, the Officer may in the Breaking open of a house, lawful. Fitz. J. P. 130. Dalt. J. P. 28. 29. Lamb. J. P. 143. 144. Arrest out of his Precinct. fresh pursuit of him, break open the doors upon him to take him, and justify it; and if he fly out of the Officers libery into another Hundred or Tything, or into a Franchise in the same County, when he seethe the Officer coming to arrest him, the Officer may upon a fresh pursuit follow him, and take him there; and so may he also where he doth fly out of one County into another: But in this last case, when the Officer doth apprehend the party in another County, he can do no more with him than a private man may do (viz.) carry him before some Justice of the Peace of that County wherein he is taken, to cause him there to find Sureties for the Peace. Eliz. J. P. 130. 7. If two men be fight together, in either of their own or another man's house (the doors being shut) in this case the Officer, if he cannot otherwise get in, may break open the doors, to get in to keep the Peace, albeit neither of the parties be hurt. 8. In these cases before, the Officer may and aught to carry them before some Justice of the Peace, to find Sureties for the Peace, because they have broken the Peace already, and are meet to be bound that they shall not break it again. 9 Ed. 4 26. 10 Ed. 4. 17. 9 It is said that the Constable carrying the Affrayors to Gaol, may himself take bond of them, to the use of the Keepers of the Liberty, for the keeping of the Peace (the which bond he is to certify into the Fxchequer or Chancery, from whence the Process is to be made if the Peace be broken) and thereupon deliver them; and that if they will not find Sureties, the Constable may imprison them until they do find Sureties: But this is not used any where; It is thererefore safe to carry them to a Justice of Peace. 10. When the Officer doth carry the Affrayor to Prison, or to a Justice of Peace, so that he is bound over to appear at the Quarter-Sessions, or Goal-delivery to answer it; in these Cases the Officer must see then that he appear at the next Quarter-Sessions of the Peace, or the next Goal-delivery, there to object against the Affrayor, as there shall be cause. 11. If one make an assault and affray upon the 21 H. 7. 21. 5 H. 7. 7. 6. Lamb. J. P. 14. Fitz. J. P. 14. Officer himself, he may take the Party & carry him to a Justice of Peace or to prison, as he may in case of an Affray done upon another man. 12. If an Affray be made in the presence of the Constable, and he do not his endeavour to pacify it, he may be fined for it at the Sessions, according to the discretion of the Justices: But if the Affray be in another place, and notice be given thereof to the Constable, and he do not his best to pacify it, it is said he shall not be fined for this: but let this be doubted, and Constables advised not to trust to it, but to do their utmost to suppress all Affrays and keep the public Peace every where within their Precincts. And in this Case every private man, being present, and during the time of the Affray, may and must do his best to quench and allay it. But he may not hurt or imprison the Affrayors unless some man be hurt in the Affray. Numb. 7 3. For the duty of these Officers after the After the peace is broken. Peace is broken. If the Peace be but newly and freshly broken by an Affray, & the officer Bro. Faux. Imp. 6. Fitz. J. P. 131. Dalt J. P. 29. 38 Ed. 3. 6. 12. Ass. 56. 10 H. 7. 20. Poult de pace 13. have notice of it, it hath been said he may arrest the parties, and carry them before a Justice of Peace, to find Surety for the Peace, because they have broken the same already, and are meet to be bound that they shall not thenceforth break it again: But it seems this is not Law at this day, for it hath been resolved that a Constable ex Officio, and without a Warrant from a Justice of Peace, may not imprison any man for an assault or affray, except he be present at the affray himself. In Skarrets Case, Hll. 37 Eliz. C B. But in all Cases where an Affray is past, this Officer may by Warrant from a Justice of Peace, take and imprison the Affrayors, and in case where Arrest. one is hurt in the Affray, and thereby in peril of death, he may ex Officio, and without any such Warrant arrest and imprison the Affrayors: For in this Case when one hath received a dangerous hurt in the affray, the officer after the Affray is past, may and must arrest and imprison him that did the hurt till he give Surety, to appear at the next Gaol-delivery; or otherwise he may, with less labour than to carry him to Gaol, carry him to a Justice of Peace, who ought to take such order as the party may give such Surety: For the Fact may fall out to be Felony, if he that is hurt happen to die within a year and a day next after the hurt done. And if the Officer do not so, or suffer such a Person to escape, he may be deeply fined for it. And in this Case also it is said, that the officer may, after he hath arrested him that gave the wound, keep him a while in some other place out of the common Prison until it may be known whether the party will live or not. If Felons or Murderers be in the Village, Numb. 8 and these Officers of the Village have notice of Against persons committing Felony, or suspect of Felony. Fitz. J. P. 201. 1 R. 3. 3. Lamb. Office of Const. 17. them; it is their duty to gather men together, and to apprehend them: And if any Felon be taken, it is the Constable's office to see him conveyed safely to Gaol: And any other man, as well as an Officer may arrest and keep in hold such a man as he doth know to have committed any Felony. And as touching persons suspect of Felony, it is said, That if any man doth suspect any other man of any Felony that he hath committed, and do declare the same to any one of these Officers, that thereupon he may, if the party suspect be within the limits of his Office, arrest and bring him (& with him he shall do well to bring the other party that did suspect him) to the Justice of Peace to be examined. But as touching the arresting of another man upon the suspicion of a third Person, it seems the Law is otherwise: For it is the opinion of the whole Court, in the 17 Ed. 4. 5. 11 Ed. 4. 4. Bro. Faux. Impr. 24. and in 5 H. 7. 4. That one cannot imprison another man upon the suspicion of a third man for Felony, unless he himself have some cause of suspicion also. And that one man, albeit he be an Officer, cannot justify the imprisonment of another man susppcted by a third man, and at his commandment that doth suspect: And of this opinion was Mr. Justice Bridgman, and the whole Court of the Marches of Wales. And therefore it was held there, that if I suspect a man for Felony, and give notice hereof to the Constable, that he cannot arrest him upon my suspicion. And yet when I have arrested him upon mine own suspicion, and delivered him to the Constable, that in this case the Constable must look to him at his peril. And if the Constable from this do receive a suspicion of him (as he may) upon a fame or any flight report; I think it reasonable and justifiable in him to arrest him. But as touching this matter, and for the clearing of this point, these things are to be known. 1. That any one of these Officers, or any other 9 Ed. 4. 26. 17 Ed. 4. 5. 20 Ed. 4. 6. Bro. Faux. Impr. 27. private person whatsoever, having cause to suspect another of a Felony committed by Murder, or Theft, may himself arrest and apprehend such person suspect; but herein he (whosoever he be) must take heed to three things. 1. That there be a Felony committed, or at least confidently reported to be committed; for otherwise there can be no good cause to suspect any man. 2. That there be some cause to suspect the party arrested more than another. 3. That after the arrest, the party that doth arrest him, doth carry him to a Justice of Peace or to the common Gaol, to the end that the party accused may be Indicted or acquitted at the next Sessions, etc. Or if it be a private man that doth make the arrest, that he do deliver the party arrested to the Constables, etc. of the place. 2. These, or any, or either of these, are Causes of suspicion of a man for Felony. 29 Ed. 3. 39 9 4 H. 7. 4. 7 H. 4. 35. 27 H. 8. 21. 14 H. 8. 16. 2 H. 7. 15. 11▪ Ed. 3. 44. 21 H. 7. 27. Fi●z. J. P. 201. Numb. 9 held to be sufficient causes of suspicion. 1. That the person suspect is Indicted for the same Felony. 2. If the Felony be a Murder; that he was present at the time of the Murder committed with a Sword drawn in his hand. 3. That the person suspect, is a person of evil name; or is a Vagrant in the Country where the Felony was done. 4. If the Felony be a Robbery, and the party suspect is found with some part of the goods in his hands. 5. If one apprehended for the same Felony, hath taken his oath upon a Book, that the party suspect is one of the Felons. 6. That it is the common fame and report of the Country, that the party suspect did the fact. 7. If the party suspect doth fly upon the Felony committed. 8. If there be a Hue and Cry, out against the Felon, and the person suspect and apprehended, is such a person as is described by the Hue and Cry; or if the Felony be for stealing of , and the party suspect is taken driving such as are set forth by the Hue and Cry to be stolen: And yet hereby an honest man may be apprehended; for a Hue and Cry may be raised where no Felony is done. But in this case he that raised it may be punished, and he that doth arrest the party is to be excused; or there may be no other cause to suspect this man but the possession of the goods, and he might come by them lawfully; howsoever this is cause enough to give him that doth arrest ground of suspicion. 9 If J. S. would have arresteh one that had rob him, and the party suspect forbid him, and saith he shall not arrest him; this is sufficient cause to make him to be suspected for an accessary. And therefore in all these and such like cases a man may justify the arresting of the party suspected. 3. What shall be said a sufficient cause of suspicion, Trial. what not, & shall be tried by the Judges. 4. It is the duty of these Officers, to do their utmost endeavour, with all diligence, to find out, and apprehend Felons: And if there shall be herein any neglect found in them (especially if it be for favour or reward) they may be grievously punished. And for this Search. cause they may, and they must after a Felony is done, either by, or without the Warrant of some Justice of Peace, make diligent search for him that did it, in all such places within their Numb. 10 Liberty as they shall understand to be likely to find him in; for it is the chief part of their Office to repress Felony, and albeit it be a man's house he doth dwell in, which they do suspect the Felon to be in, yet they may enter in there to search; and if the owner of the house, upon request, will not open his doors, Breaking of a house open, lawful. it seems the Officer may break open the doors upon him to come in to search, And so also it seems the Officer may search for goods stolen, as he may for the Felon himself that doth steal them; and if the Officer, upon search, cannot find the Felon, it is his duty to raise a Hue and Cry and send him, directing it to these Officers, whose duty it is carefully to Hue and Cry. pursue them as soon as they receive them; and it is the duty of all other men, being called upon by Officers, and at the Cry of the Country to be ready to pursue and arrest Felons, and upon the Hue and Cry any man may atrest him that is taken with the things (be he never so honest) and he may deliver him and the goods to the Constable of the Town to be kept safely. 5. If they be about to arrest any man suspected of Felony, they may require the aid Aid. and help of others, both to arrest and carry to prison the party suspected; and the parties required must in this case help them at their peril. 6. If a private man arrest another man (as he may) upon his own suspicion, and then deliver him to the Constable of the place, he 10 Ed. 4. 17. Fitz. J. P. 21. must then look to him that he suffer him not to escape, at his peril, but that he bring him, and the party with him that did arrest him, to Carrying of a Prisoner to Ga●l●. a Justice of Peace, or that he bring the party arrested to the Gaol; for in this case the Constable may not refuse to take charge of a Felon so brought unto him by another: And if there be no Constable of the place where the party is apprehended, and the party that doth arrest, doth bring the prisoner to the Constable of the next Parish, it seems this Constable, in this case, is bound to take charge of him at his peril. 7. If a man fly for Felony, the Constable Seizure of Goods. Fitz. J. P. 201. of the Village where his Goods are, must seize them, and keep them safe, and not part with any of them, but so much only as is needful for the sustentation of the Prisoner, and if the Numb. 11 goods be impaired, the Constable must answer for them; and therefore it will be his wisdom to take them by Inventory, and in the presence of honest neighbours. 8. An Action of Trespass was brought by a man for an Assault and Battery of his Servant, whereby he did lose his service three days, and the Defendant pleaded that A was rob at midnight of Goods to the value of two pounds, whereupon the said A came to the Constable, and prayed him to search for the Search. suspicious persons, and to apprehend and arrest them; and accordingly he did search, and Arrest. found the same servant walking suspiciously in the street in the night, and therefore he would have arrested him, but the said servant fled, and would not yield to the arrest; and the Defendant, by the Constable's commandment pursued and took him. This was adjudged a good Plea in Bar: For when a Felony is committed, the Constable, or any others, upon suspicion of persons that are suspicious, may arrest them; and if they will not yield to the arrest, but assault him or them that doth arrest him, they may justify the beating of him, for that he doth resist the Peace Beating justifiable. Hue and Cry. 29 Ed. 3 9 Pulton de Pace 12. 5 H. 7. 4. and Justice of the Commonwealth, when he doth forcibly strive to fly, and not to be justified by it. If a Hue and Cry be levied and pursued, that a Horse of such a colour or mark; so many Beasts of such a sort, or age; or so many Sheep of such a brand be stolen, and Numb. 12 one is taken leading or driving of the said Horses, Beasts, or Sheep: In this case it is lawful for these Officers, or any other man, to stay and apprehend him; and if he that doth apprehend him be not an Officer, he may commit him to the Constable of the place where he is apprehended, and by him to be put in the Stocks, or safe kept until he be delivered by course of Law, though the party apprehended be not a man of evil name or fame, but a man of good credit: for seeing the Law hath by the Hue and Cry accused him, he must be by a course of Law again acquitted and discharged: And in this case, he that is so taken shall not have an Action of Trespass, Fals-imprisonment, Arrest. or other remedy, against him that bid apprehend him, or against the Constable to whom he was committed, albeit he be afterwards acquit of the Felony. In an Action of Fals-imprisonment, the Defendant pleaded, 27 H. 8. 13. That there was a Felony done, and he suspected the Plaintiff to have done it; and therefore he arrested him: In this case this was held no good Plea; for he should have showed some ground and cause of his suspicion. And in an Action of fall-imprisonment it is no Plea for the Defendant to plead, That it was told him, that the Plaintiff had brought the to the Town, and put them in a blind corner, and that there was great cause of suspicion that the Plaintiff had stolen them, whereupon he did arrest him: for suspicion only, without a Felony committed, is no cause to arrest another. And in an Action of false-imprisonment the Defendant pleaded, That J. S. was poisoned, and that the common voice and fame of the Country was, That the 5 H. 7. 4. 2 H. 7. 15. 11 Ed. 4. 4. Plaintiff had poisoned him; whereupon the Defendant apprehended the Plaintiff, and committed him to prison as was lawful for him to do. And this was adjudged a good Plea in Bar of the said Action; for common voice and fame of the Country is cause of suspicion of Felony when a Felony is committed: but when there is no Felony done, it seems this is not cause sufficient to warrant the arresting of such a person. And yet, as before it appeareth, the accusation of a man (where no Felony in truth is done) by Hue and Cry, is cause sufficient to warrant the arresting of such a person as is described by the Hue and Cry. In an Action of Fals-imprisonment the Defendant did plead, That before the imprisonment, A. B. was slain at C. and that the Plaintiff was in the 7 H. 4. 10. Dyer 276. company of those who killed him, at the time of the Felony committed, and the common voice and fame of the Country at C. was, that the Plaintiff was party to the Felony; whereupon the Defendant finding the Plaintiff at C. arrested him for suspicion of Folony, and committed him to the Sheriff, etc. and this was allowed a good and sufficient Plea. 9 If a man do assault another in, or neat Imprisoning him that doth attempt to rob. Fitz. Bar. 202. 2 Ed. 4. 26. Numb. 13. Carrying one to a Justice or to Gaol. the highway, to rob him, and he that doth make this assault, is taken and brought to the Constable of the place: In this case the Constable must take him to his ward, and carry him before a Justice of Peace to give sureties for his good behaviour. In an Action of Trespass of Assault and Battery, and Fals-imprisonment the Defendant pleaded, That the Plaintiff lay in wait in a highway, to rob such persons as traveled that way, and assayed to rob one L. and drew his sword, and commanded the same L. to deliver his purse, whereupon L. fled, and levied Hue and Cry, and this Defendant being travelling that way, pursued the Plaintiff, and took him, and committed him to the Constable Arrest. to be put in the Stocks, who did it accordingly: and this was adjudged a good justification; for every man may arrest him that doth a Felony, or him who maketh it apparent that he doth intent and go about to commit a Felony, for that he doth thereby manifest himself to be a principal breaker of Law and Peace of the Nation. 10. The Constable is to levy Hue and Cry Hue and Cry. when there is cause, and to send it East, West, North, and South; and it is best to express in the Hue and Cry, the nature of the thing stolen, colour, and marks, and to describe the number of Felons, their Horse, Apparel, etc. And this Officer receiving a Hue and Cry after a Felon, must, with all speed, make diligent pursuit, with Horse and Foot, after the offenders from Town to Town the way it is sent, and make diligent search in his own Town: And the Constable and Hundred both may be punished for neglect herein. And all other men must hereupon be industrious to take them. Hitherto for the most part we have showed you nothing but what is of the primitive and immediate authority and duty of these Officers, and what they may and must do, ex Officio, without any commandment or authority from others. But for as much as a great part of their duty (especially concerning the Peace) resteth in making of due execution of the Precepts of higher Officers, and especially of the Justices of Peace, who be (as it were) immediately set over them: We are therefore in the next place to show you some part of that which they are to do in that behalf. Albeit these Officers be subject to the commandments In executing of the Precepts of others. of the justices of Gaole-delivery, of Oyer and Terminer, and of some higher Justices; yea, and to the Precepts of Sheriffs, Lamb. Const. off. Numb. 14. Coroners, and Stewards of Leets, and of other Officers in some certain Cases: yet because they are called upon most commonly by the Justices of Peace, so as at this day their Office is for the most part conversant about the execution of their Warrants: For if the Justice of Peace doth understand by complaint, that any man hath stolen or slain, or any Servant or Laborour without Licence hath departed out of his Master's service; or any that liveth idly or suspectedly, knowing once in what Parish he is, he doth write to any one of these Officers, to command him to bring this person before him, and then he doth examine him, and if he find cause, he doth commit him to some Constable or Officer to convey him to the Gaol, there to abide till the Justices meet at their Quarter-Sessions, or at their Gaole-delivery, that the Law may either condemn or acquit him: And to these Precepts these Officers ought especially to show themselves obedient, and then also especially when their Aid is called for, to suppress Riots, unlawful Assemblies, and such like notorious breaches of the Peace. And 1. howsoever it be so, that if a Fello●. Search. Dalt. J. P. 289. man have Goods stolen, and he doth suspect that such a man hath stolen them, and he complain thereof to the Constable, so that now Numb. 15 the Constable hath cause to suspect him also; That the Constable in this case, of his own authority, without Warrant from a Justice of Peace, may search for the Goods and the Felon; and if he find the Goods, seize them; and if he find the Felon apprehend him: yet for the most part the Constable not knowing his authority, or the danger, is so fearful and remiss herein, that he doth nothing until he have a Warrant of a Justice of Peace to provoke and enable him so to do. And if such a Warrant be sent to him from a Justice of Peace, to search Search. after Goods stolen and the party that is suspected to steal them; the Constable may, and must execute this Warrant accordingly. 2. If a Warrant come to any of these Officers, from a Justice of Peace, to bring such a man before him, to give Sureties for the Peace or Good-behaviour: In this Case the Officer cannot make a Deputy, or command another to do it, Deputy. Dalt. J. P. 290, 291. Dalt. J. P. 291. Coo. 5. 59 Broo. Faux. Impr. 2. Warrant. but he may require the aid of others to help himself in the doing of it. 3. If a Warrant be directed to this Officer from the Justice of Peace, to bring any person before some Justice of the Peace of the County, for the Peace or Good-behaviour, and the cause (as it ought to be) is set down in the Warrant: In this Case the duty of the Officer is first to find out the party; and having found him, to require him in the name of the Keepers of the Liberty of England to go with him to a Justice of Peace to put in security according to the Warrant: The which if he refuse or delay to do, or if he offer to ●un away from him or resist him, then must the Officer forthwith arrest him and convey him to the Prison (if the Warrant Arrest. be so, as usually it is) or put him in some Stocks until he can conveniently have strength to go with him, without carrying him to Stocks. a Justice of Peace; and then must the party remain in Prison until he shall voluntatily offer and find Sureties, according to the Warrant And if the party, upon the first demand thereof made by the Officer, do yield to go and find Sureties, then may not the Officer absolutely arrest him: And if he be obstinate and will not yield to the Officer, but resist him, the Officer may justify the beating Beating. or hurting of him. And of this Warrants execution and of his proceed upon it, the Officer must give an account to the Justices of the Peace at their next Sessions of the Peace. And if the party doth yield to go to a Justice of Peace to give Surety, according to the Warrant, but will not go to the same Justice that made the Warrant, but to some other Justice he doth name; herein the Officer may, if he please, suffer him to have his will, howbeit in this case the Law doth give the election to the Officer, and he may bring the party before what Justice of Peace he please: And yet if the Warrant be to bring the party before the same Justice of Peace that made it: In this case the Officer must bring him before the same Justice, and cannot bring him before any other. And if the party being before the Justice of Peace, refuse to give Surety according to the Warrant, and the Warrant have words of authority to the Officer, to carry him to the Gaol (as most commonly every Warrant hath) then Carrying to Gaol. may the Officer carry him to prison without any new Warrant from the same or any other Justice of Peace so to do. And in these Cases also the Officer is to consider whether the Warrant do come directly from the mere authority of the Justice of Peace, or else be grounded on a Writ of Supplicavit, sent down from the Warrant. higher authority (which difference ought to appear in all well made Warrants:) For if the Warrant be grounded on such a Writ, then may the Officer compel the party to go to the very same Justice or Justices of Peace that made the same Warrant, or else he may carry Dalt. J. P. 137. him to Gaol. Neither is it requisite in this case, that the Officer should dance up and down after the party until he can find out Sureties, but he may detain the prisoner until he can 5 Ed. 4. 6. bring Sureties to the Officer. And the Officer that doth arrest a man upon such a Warrant of the Peace or Good-behaviour, must see that he do afterwards bring the party to the Justice of Peace to give Sureties, or to the Gaol; for if he do not so, he may be punished for it by fine at the Sessions; and as it seems also) by Action of Fals-imprisonment; at the suit of the party arrested. And if the party against whom such a Warrant is granted, hearing thereof, Numb. 16 doth (as oft times he doth) offer himself with Sureties for the cause, to some other Justice of Peace, and he doth bind them, or he findeth Sureties in some of the Courts at Westminster, and so hath a Supersedeas out of Supersedeas. the Chancery, upper-Bench, or from any Justice of the upper-Bench, or from any Justice of Peace of that County, directed to all the Officers of the County to discharge the same Surety of the Peace or Good-behaviour, and he hath the same ready to show to such Officer as shall come to him with the Warrant, as Arrest. aforesaid, and doth show and deliver the same to him when he is about to execute the same Warrant: In this Case the Officer is not to meddle with him: For if the Officer shall require the party to obey the arrest, he may refuse it; and if the Officer shall arrest the patty, he may have an Action of False-imprisonment against the Officer for it. And by this Supersedeas the Officer is discharged of any duty touching the Warrant of the Justice of Peace directed to him: But let the Officer see that he keep his Supersedeas safe for his discharge, if he be questioned for not serving the Warrant. And it is not amiss for him to give notice of the same to the Justice of Peace from whom he received the commandment of service, that thereby he may see the cause why the same was not done. But in these Cases some say that another Justice of Peace cannot discharge the Warrant of the first Justice of Peace, until the party be bound indeed. Howbeit if such a Supersedeas come to the Officer that hath the Warrant to arrest; it seems that by this he is discharged, and that he is to obey the Supersedeas especially, if he know not whether the party have given Bond or not. Hitherto we have spoken of the Office of these Officers, set forth by the ancient common Laws of the Nation. And now we come to speak of the same as it is enlarged by divers Statutes, wherein also we shall find the same difference we had before: That by the same Statutes they are required and enabled to do something as of their own authority, and without any commandment or authority from ●●hers: and other things they are required and enabled to do when they have commandment from the Justices of Peace, or some other superior power, so to do. SECT. 3. Of the Office of the High-Constable and Petit-Constable against Prophaners of the Lordsday. FOR the better understanding of their Duty herein, these things are to be known. 1. This day is by every one to be sanctified and kept holy; and men must be careful herein to exercise themselves in the duties of Piety and true Religion, publicly and privately; and every one on this day (not having a reasonable excuse) must diligently resort to some public place where the service of God is exercised, or must be present at some other place, in the practice of some Religious duty, either Prayer, Preaching, Reading, or Expounding the Scriptures, or conferring upon the same. 2. None may on this day meet out of their own Parish at any sports whatsoever, nor may they meet within their own Parish for Boar-bayting, Bull-Bayting, Interludes, or other unlawful exercises, under pain to forfeit three shillings four pence for every offence, to be levied by distress and sale of Goods, and for lack of distress, to sit three hours in the Stocks: Nor may any one on this day keep or be present at any Wrestle, Shooting, Bowling, Ringing of Bells for pleasure, Masque, Wake, Church-Ale, Dancing, Games, Sport or Pastime whatsoever, under pain to forfeit five shillings, if he be above fourteen years old; and twelve pence by him that hath the government of him, if he be under fourteen years old, to be levied by distress and sale of Goods; and if no distress be to be had, to sit in the Stocks three hours. 3. No Carrier may go with his Horses, no Waggoner, Carter, or Wain-man may go Carrier's. with his Cart, Wagon, or Wain, or Drover with his , on this day, under pain to forfeit twenty shillings for every offence, to be levied by distress and sale of his Goods, if he be questioned within six weeks after the offence done. But there shall be but one twenty shillings forfeited for one journey, although he pass through twenty Parishes, and this twenty shillings that Parish shall have where the distress is first taken. 4. No Butcher may kill Butchers. or sell any victuals on this day, under pain to forfeit six shillings eight pence, if it be questioned within six weeks after the offence done, to be levied by distress and sale of Goods. 5. None may Cry, show forth, or put to sale Tradesmen. any Wares, Merchandises, Fruits, Herbs, Goods, or , on this day, unless it be in an Inn, or Victualing-house, and for such as cannot otherwise be provided for; and unless it be the crying and selling of Milk before nine in the morning, and after four in the afternoon, from the tenth of September to the tenth of March, and for the rest of the year before eight in the morning, and after five in the afternoon, under pain to forfeit the things so cried or offered to sale. 6. None may on this day, without good cause by allowance of one Travelers. Justice of Peace, travel, under pain to forfeit ten-shillingss; nor carry any burden, nor do any worldly labour, under pain to forfeit five shillings, both these forfeitures to be levied by distress and sale of Goods: and if no distress to be had, to sit in the Stocks three hours. 7. None may on this day, or the days of Humiliation, Drinking, Tippling. or , use Dancing, profanely Singing, Drinking, or Tippling in any Tavern, Inn, Alehouse, or Tobacco-house, nor be there: Or grind any Corn at a Mill, but upon cause to be allowed by one Justice of Peace, under pain to forfeit ten shillings a piece, both he that is in the Inn, and he that keeps the Inn, the Miller and he that owes the Corn, to be levied by distress or sale of Goods; and for lack of distress, to be set six hours in the Cage or Stocks. 8. No Traveller, Carrier. Waggoner, Butcher, Higler, Drover, or their Servants, shall come into their Inn or Lodging on Saturday night after twelve a clock; Nor go from thence Monday morning before one a clock, without necessary cause to be allowed by one Justice of the Peace, under pain of the forfeiture of ten shillings by the Innkeeper, and ten shillings by the Traveller, and to be levied by distress and sale of Goods; and for lack of distress to sit six hours in the Stocks or Cage. 9 None may execute Serving of Process. any Writ, Order, or Warrant on this day, days of Humiliation or , but in case of Treason, Felony, breach of the Peace, and profanation of the day, under pain to forfeit five pounds, to be levied by distress and sale of Goods; and for want of distress, to sit six hours in the Cage or Stocks, and the serving of the Process is void. 10. None (but Coaches, Boats. in case allowed by one Justice, or for God's Service) may travel with a Boat, Wherry, Lyter, Barge, Horse, Coach, or Sedan, on this day, under pain of forfeiture of ten shillings by him that is carried, and five shillings by him that doth carry, to be levied by distress and sale of Goods; and for lack of distress to sit six hours in the Stocks or Cage. 11. All Constables, Churchwardens, Overseers of the Poor, Governors of Companies of Watermen, Officers. and other Officers, must, upon sight and knowledge or information of any of these offences before named committed, seize and secure Seize Goods. the Goods and Wares cried, shown forth, or put to sale, and make diligent search for the discovering, finding out, and punishing Search. of the offenders, under pain of twenty shillings, to be levied by distress and sale of Goods, and this punishment they must (as it seems) endeavour, by carrying the offendor to a Justice of Peace. And this, it seems, is hereby lawful to be done by one of these Officers ex officio, and without a Warrant, hearing or seeing any one profane this day, by any of the particular offences aforesaid. Also if a Warrant be sent to the Constables, Churchwardens, and Overseers of the Poor of the Parish or place, to levy the forfeitures, or to inflict the punishment aforesaid, they must pursue their Warrant, and do it under pain of twenty shillings forfeiture. Stat. 1 Car. 1. 3 Car. 1. Ordin. 6. April 1644. Act 19 April 1650. SECT. 4. Of the Office of High-Constables and Petit-Constables, against Swearers. AS touching this, these things are to be premised. 1. The former Act is repealed. 2. Every one that sweareth is to forfeit for the first offence as followeth. The Lord and all above him in degree thirty shillings: The Baronet or Knight twenty shillings: The Esquire ten shillings: The Gentleman six shillings eight pence: Any other Man or Woman, single or married, three shillings four pence: And for every offence afterward, twice as much. And for the tenth offence, being proved by verdict or confession, he is to be bound with Sureties to the Good-behaviour for three years: And for lack of payment or giving security, to pay it, and distress to levy it. If he be above twelve years old, he is to sit by the heels in the Stocks three hours for the first offence, and six hours for every offence after: If under twelve years, he is to be whipped by the Constable, or Master, or Father, in his presence. 3. Swearing after the Surety for the Good-behaviour given, is a breach of the Bond. 4. Any Officer, Constable, Churchwarden, or Overseer of the Poor, may, ex officio, that heareth it, bring the offendor to a Justice to be punished. And if any one Justice of Peace send his Warrant to any high-Constable or petit-Constable, to do execution upon this Statute, they are to see it done accordingly. 5. He that is sued for doing any thing on this Law, may plead the general issue, and if it go Pleading. Costs. with him, shall recover triple cost. Act. 22. Junii 1650. SECT. 5. Of the Office of the High-Constable and Petit-Constable against Adulterers and Incontinent Persons. FOR the knowledge hereof take these things. 1. If any shall marry or have the carnal knowledge of the body of his or her Grandfather or Grandmother, Father or Mother, Brother or Sister, Son or Daughter or Grandchild, Father or Mother's Brother or Sister, Father's Wife, Mother's Husband, Son's Wife, Daughter's Husband, Wife's Mother or Daughter, Husband's Father or Son, and confess it within twelve months after, or if it be found by verdict before Justices of Assize and the Peace, it is Felony wherein is no Clergy. 2. If any married Woman whose Husband have not been three years absent beyond Sea, or by common report reputed to be dead, or three years together from her, and she doth not know him to be alive, shall be carnally known by any but her Husband, except she be ravished, it is Felony, and both Man and Woman shall die without Clergy. 3. If any shall carnally know any unmarried Maid, or Widow, they both, if they confess it, or it be found by verdict, shall be committed to the common-Goale, without bail, for three Months, and until they respectively give security before some Justice to be of Good-behaviour for one year: the second offence is Felony without Clergy. 4. If any man or Woman be committed for a common Bawd or keeping a common Bawdy-house, for his first offence he is to be openly whipped, set in the Pillory, and marked with a hot Iron in th● forehead with this letter B, and then sent to Prison or Bridewell for three years, without bail, and until they give surety for their Good behaviour for life. The second offence is Felony without Clergy. Act 10. May. 1650. and 9 Aug. 16. 8. 5. No party to be believed against the other, not Husband against the Wife, nor Wife against Husband. 6. If any of these Officers be informed that a Man or Woman be committing of Adultery or Fornication together, he may, and aught to take company with him; and if he find it so, he may arrest them and carry them both to prison, till they give surety of their good behaviour. 7. If any Warrant come from a Justice of Peace to any one of these Constables, to apprehend 1 H. 7. 7. 13 H. 7. 10. any such lewd person, that he may put in sureties for his good behahiour, he must execute it duly, according the contents thereof. SECT. 6. Of the Office of the High-Constable and Petit-Constable in common, about Rogues. IT is the duty of all these Officers to punish Rogues and Vagabonds: As touching this part of their Office, two things are to be known. 1. What a Rogue is, and who is to be accounted Against Rogues and Vagabonds. 39 El●z. 4. 1 Jac. 7. Dalt. J. P. 96. Lamb. J. P. 192. 39 Eliz. 17. Who a Rogue is. a Vagabond. Secondly, What is to be done unto him. As touching the former of these, these things are to be known, that all the persons hereafter mentioned, being above the age of seven years, and offending as hereafter is mentioned, shall be adjudged Rogues, or at the least shall be punished as Rogues (viz.) 1. All persons going about begging, upon any Numb. 1 pretence whatsoever, as Seafaring men, pretending losses of their Ships or Goods upon the Sea, or such as call themselves Scholars, or the like. Secondly, All idle persons going about the Country, either using any subtle craft, or unlawful Games, or being Fortune tellers, or Jugglers, or using any such crafty Science. Thirdly, Stage-players declared to be Rogues, and to be punished by Ord. Feb. 1647. 4. All persons that be, or utter themselves to be Proctors, Procurers, Patent-gatherers or Collectors for Gaoles, Prisons or Hospitals. And yet Pattent-gatherers for fire, or the like, albeit perhaps they may be within the words of the Statute, yet are they not had or reputed as Rogues, nor so to be dealt with; for such Patents are always made with a non obstante the Statute. 5. All Fencers, Bearwards and Minstrels, wand'ring abroad. 6. All Tinkers, Pedlars, and petty-Chapmen, and also Glassemen, that wander up and down the Country to sell Wares: But if they be going to a Fair or Market only, they are not to be taken as Rogues. 7. All wand'ring Persons and common Labourers, being Persons able in Body, using loitering, and refusing to work for such reasonable wages as is taxed, or commonly given in such parts where such persons shall dwell or abide, not having living otherwise to maintain themselves; and yet such persons as be of any Parish, and have able bodies to work, and do not wander abroad out of the Parish, though they refuse to work for the wages given or taxed, are not to be sent to their place of birth or last habitation, etc. but to the house of Correction. 8. All poor Lamb. J. P. 97. persons that are appointed to ask relief in the Parish where they dwell, by the Overseeers thereof, if they shall beg in any other sort than is so appointed them, or shall beg by the highways, though in their own Parish. And yet these persons are not to be sent to their place of birth or out of the Town, except it be to the house of Correction; and so also it seemeth of all other persons that beg in the Parish where they dwell, without the appointment of the Overseers; in these cases they are to be sent to the house of Correction. 9 All persons (not being Felons) wand'ring and pretending themselves to be Egyptians, or wand'ring in the habit, form or attire of counterfeit Egyptians. 10. All such persons, as being punished for Rogues, and having a testimonial, through their own default shall not pursue the order appointed by the Testimonial aforesaid; for so often as they shall break the same, they are to be taken and whipped again, until they come to the place appointed them by the Testimonial. 11. All such poor persons diseased and impotent that (being Licenced) travel from their home to the City of or Town of Buxton, to the Baths, for ease of their griefs, or from thence homeward that shall beg; or if such persons be not licensed by two Justices, or shall not return home again according as they are limited by their Licence, or shall not be provided of relief for their travel. 12. All Soldiers or Mariners that shall beg or shall counterfeit any Certificate from their General or Governor (but this in some cases is Felony, Stat. 39 Eliz. 17.) And yet it hath been held that if a Sea-fating man suffering Shipwreck, or a poor Soldier or Mariner, not having wherewith to relieve himself in his travel homewards, and having a Testimonial under the hand of some one Justice of Peace, of, or near the place where he landed, setting down therein the place where, and the time when he landed, and the place of the parties dwelling and birth, whither he is to pass, and a convenient time for his passage, that if in this time and way they had begged, that they were not to be accounted Rogues; But it seems the Law, at this day, is taken by most men to be otherwise, and that this Licence will not serve for the Soldier or Mariner (especially if he be hurt or maimed) for then he may and aught to be relieved with money by every Treasurer of the County where he passeth (viz) a convenient sum of money to carry him through the same, to the next County. And it is thought that at this day, no Justice of Peace can licence a man to beg in any case; Howbeit in some cases he may licence a man to wander, as in the cases before. The Justices of Peace may licence poor men to travel to the Baths, and poor Soldiers and Mariners to travel to their place of birth, and one Justice of Peace may licence a Labourer in the Harvest time to go out of his own Country into another Country to work; And therefore if at this day a Soldier or Mariner shall be taken begging, or shall counterfeit a Certificate, Dalt. J. P. 92. he is to be accounted a Rogue. 13. A Rogue, etc. That shall go with a general Passport (viz.) such a Passport which is not directed from Parish to Parish, is still to be accounted a Rogue, and may be punished, by whipping again, and so also may such a Rogue as shall carry his own Passport without a Guide. 14. All Servants departing out of service without a Testimonial, etc. or which shall be taken with any counterfeit 5 Eliz. 4. or forged Testimonial. 15. All persons 7 Jac. 4. that are able to labour, and thereby to relieve themselves and there Families, and shall run 1 Jac. 31. away, or threaten so to do, and to leave their Families to the Parish 16. And all persons infected of the Plague, and commanded by any of these Officers to keep in their Houses, that do notwithstanding go abroad amongst their Neighbours. What is to be done to him. 2. As touching the latter question, what is to be done to a Rogue these things are Numb. 2. to be known. 1. Every one of these Officers 39 Eliz. 4. 1 Jac. 7. must do his best endeavour to apprehend every one of these Vagabonds, Rogues, or sturdy Beggars which shall be found and taken Begging, Vagrant wand'ring or misordering themselves within their Hundred, Parish, or Tything. And if any other man bring any such Person to any of these Officers, he must take hold of him. 2. After he hath apprehended any such Rogue (except it be the Rogue that doth run or threaten to run from his Family) he is to take order (with the advice of the Minester and one of the Parishioners of the place) that he be stripped naked from the middle upwards, and that he be openly whipped until his or her body be bloody. 3. After this whipping the party must have a Testimonial subscribed with the hand, and sealed with the seal of the same officer and Minister testifying that the same person hath been punished according to this Statute, & mentioning the day and place of his other punishment, and the place whereunto such person is limited to go, and by what time the said person is limited to pass thither at his peril after this manner. John a Style a sturdy Vagrant Beggar (of low personage, red haired, and having the nail of his right Thumb cloven, aged forty years, was this sixth day of April An. Dom. 1650. openly whipped at W. in the County of Gloucester for a wand'ring Rogue, according to the Law, and is assigned to pass forthwith from Parish to Parish by the Officers thereof, the next straight way to Sale, in the County of Essex, where (as he confesseth) he was born [or dwelled last by one whole year and if the case be such] and be is limited to be at Sale aforesaid, within ten days now next ensuing at his peril. Given under the Hand and Seal of A. B. Minister of the said Parish of W. and of C. D. Constable of the said Parish. And this Testimonial must be Registered in a Book provided for that purpose by the same Minister under pain of five Shillings. 4. The party must be then forthwith sent by the same Officer to the next Parish that from thence he may be conveyed from Parish to Parish by the Officers of the same Parishes, the next strait way to the Parish where he was born, if the same may be known by the party's confession or otherwise: And if the same may not be known, then to the Parish where be or she last dwelled by the space of one year before the time of the same punishment done, there to put him or herself to labour, or not being known where he or she last dwelled or was born, then to the Parish where he or she last passed through without punishment and thence to be conveyed from Officer to Officer to the house of correction of the limit wherein that Parish doth stand, or to the Gaol of the County. And in these cases it is the duty of these Officers also, to take and convey these persons from hand to hand, each of them from his own to the nex Tything accordingly: And in this time they are not to beg but are to be provided for at the charge of the Parishes through which they are conveyed, the Officer laying out the same for the Parish. And upon this part because the execution of these Laws is required in these Officers, for their better direction herein these things (said to be resolved by the Judges at Westminster soon after the making of the Statute of 39 Eliz. 4.) are to be observed. 1. If a Rogue say he was born at such a place and it cannot appear that he was born elsewhere, he must be sent thither. 2. If the Husband or Wife have a house, and the Husband or Wife rogue about, they ought to be sent to the Town where the house is, and so of an Inmate. 3. The Wife and Children under seven years of age being Vagrant must go and be placed with the Husband, and if the Husband be dead, then with the Wife, where she was born or dwelled. And the Vagrant Children above seven years of age must be sent to the place of their Birth: And if the Vagrant Parents with their Children under seven years, be placed at the place of Birth of the Parents, or at the place of last dwelling (as the case shall fall out) i● afterwards the Parents or either of them die, or run away, yet the Children once settled must remain there still, and may not be sent to their place of Birth though after they grow to the age of seven years. 4. The wife being a Vagrant Rogue, aught to be sent to the Husband, though he be but a Servant in another Town. 5. The Rogue whose place of Birth or dwelling cannot be known, having Wife or Children under seven years of age; they must go with the Husband to the place where they were last suffered wilfully to pass through without punishment, where the Children must be relieved with the work of their Parents, though their Parents be committed to the house of Correction. 5. If any of these Officers do not their utmost endeavour to take, punish, and convey such Rogues according to the Statute, they forfeit ten Shillings for every default; and if any other man shall bring any such Rogue to the Officer, and he refuse to take and punish him as aforesaid, he doth forfeit twenty Shillings for every time he so doth; and if any man hinder the punishment or conveyance of Rogues after this sort, as if any man shall make reskues against any person authorized for the execution of this Statute, or any man convey Rogues by a general Passport, without conveying them from Parish to Parish, or if any Constable will not receive a Rogue when he is brought to him in the right way, according to his pass, or if he accept him and do not convey him to the next Officer; for every of these offences, the offendor doth forfeit five pounds, and is to be bound to the good Behaviour; and if the Rogue be brought and delivered, or offered to the Churchwardens or Overseers of the poor, or either of them (to whom he is to be offered) they must accept him and look to him, or else they do forfeit for every default herein five pound, and they are to be bound to the good Behaviour; and if these Officers do take him, it seems they may deliver him over to the Constable presently. For, it seems the Rogue is to be delivered or offered to the Churchwardens and Overseers (who are to see him relieved there) but he is to be carried and conveyed by the Constable; and yet if the Constable will not receive him at their hands, the Churchwardens and Overseers themselves must, at their peril, see him conveyed to the next Parish. 6. Constables are not to post away such persons as shall come or be sent unto them, that are desperately sick, 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. 7. If any of these Rogues shall appear to be dangerous Incorrigible Rogues. to the inferior sort of people of the place, as if he shall threaten, or offeer any Numb. 3 violence to them, or will not be reform by this means of his Roguish kind of life, as in case where he hath been punished and sent to his place of Birth, and doth then fall to his roguish kind of life again, or when he shall say he was born, or last dwelled in such a place, and in truth it is not so; in these cases such a person is to be accounted an incorrigible Ord. 11. Febr. 1647. Rogue, so also is him that acteth as a Stage player the second time after conviction. And it is the duty of these Officers, if any of them meet with such persons within his liberty, to carry him before some Justice of Peace, there to be ordered by him according to the Statute. 8. If any warrant be sent from the Conveying him to the house of Correction. Justices of Peace to any of these Officers, to convey any Rogue or other idle or disorderly person unto any house of Correction within the said County, they must be careful, at the charge of the Hundred to do the same, under pain to forfeit for every default, what Fine (not exceeding forty Shillings) the Justices shall impose upon him that doth offend 9 The Justices of the Peace of every Division, Private Sessions. are to keep a private Sessions twice a year, at the least, to look to the execution of Statutes Numb. 4 for the houses of Correction, and for the punishment of Rogues, and they must then Search. four or five days before, send their Warrants to all these Officers within the Division, to require them that they, being assisted with some others sufficient men of the place, do make privy search in one night within their precincts, to find out and apprehend such Rogues and idle persons, and to bring them, if they find any, before the said Justices at their meeting; and this these Officers must be careful to do accordingly. And all these Officers must appear at the said meeting, and then and there certify upon their oaths, in writing, under the hands of the Ministers of the places where they dwell, what Rogues and Vagabonds they have taken in the same search, or since the last meeting of the Juwices, and whom they have punished and sent to the house of Correction, under pain to forfeit for every default whatsoever the said Justices (under 40. ●.) shall assess. 10. These Officers are to take and punish, and convey to other Officers every Rogue and Beggar that shall be brought and set on the Land here from Ireland, Scotland, or the Isle of Man, till he come to the next Port or Parish, in or near where he was first landed, under pain to forfeit ten 1 Jac. 7. shillings for every default. 11. It is every man's duty, as well as these Officers, to cause to be apprehended such Rogues as he shall see or know to resort to his house, to beg or receive any Alms, and him or them, shall carry or cause to be carried to the next Constable, 1 Jac. 4. or else shall forfeit, for every default herein ten shillings. 12. The person that shall run from his Family, and leave it to the Parish, is to be punished as an incorrigible Rogue: And he that do●h threaten so to do, is to be sent to the House of Correction, unless he can give Sureties for the discharge of the said Parish, SECT. 7. Of the Office of the High-Constables and Pettit-Constables, about Search for, or Seizing on Persons or Goods. 1. THey may search Alehouses, Tobacco-houses, for Typlers, and Idle Persons on the Lord's day, Act. 29. April 1650. 2. A Felony being newly committed, the Constable within his limits may (ex officio, and without any Warrant from a Justice of Peace) and ought to search for the Felon or the goods. See more for this in Sect. 2. of this Chapter before. 3. These Officers are to search houses suspect to dress meat in the Lent and to seize it and give it to the poor, 1. Jac. 29. 4. These Officers are once every fifteen days to search and inquire the 23 Eliz. 10. 7 Jac. 11. defaults of Inns and Alehouses. 5. They may search suspect places for Nets and Dogs to take Partridges and Pheasants. ●9 Eliz. 10. 6. The High-Constable may search for Engines used for stretching of Cloth and deface them. 7. They may search for bad Moult. 8. If any man fly for a Felony, the Constable of the Town may and aught to seize on, and keep safely his goods, because the Town is to answer for them, and it is best to be done by Indenture taken by the Teste and before the Inhabitants. So upon the apprehending of the Person for Felony, the Officer may seize on all his Goods and Chattels, and keep them safe, letting the owner have so much of them as is for his necessary maintenance, until his conviction, for till then the property is not altered. SECT. 8. Of the Office of the High-Constable and Petit-Constable, about making and levying of Rates. THe Justices of the Peace, or the more Rates for the Upper-Bench an●●●●shalsey 43 Eliz. 2. part of them, may at their general Sessions holden after Easter, yearly (if they think meet) rate every Parish weekly at their discretion, so as no one Parish be rated above six Numb. 1 pence, nor at less than one halfpenny by the week, and so as the total rate of the County amount not to above eleven pence for every Parish within the County; the which money is to be distributed for the relief of the poor prisoners in the upper-Bench and marshalsea, and such Hospitals and Almshouses as are within the County, according to the discretion of the Justices, so as there be sent out of every County yearly twenty shillings to the upper-Bench, and twenty shillings to the marshalsea, by a quarterly payment. And this sum in every Parish is to be asseased by the agreement of the Parishioners within themselves: in the making of which rate, their best way is to follow the rule of the taxation of men for the poor, or in default thereof by the Churchwardens and Petit-Constables of the place, or the more part of them; and in default of their agreement, by the order of the Justice of Peace within the same Parish (if there be any) or if not, of the next Justice of Peace in the next parts adjoining. And if any person of the Parish so taxed, refuse or neglect to pay the same rate, the Churchwardens and Constables, or any of them; or in their default, any Justice of Peace of the said limit may levy the same by distress and sale of the offenders Goods, rendering to him the overplus. And these sums taxed by the Justices on every Parish, the Churchwardens of the Parish must collect and pay over to the high-Constable of the Hundred quarrerly, ten days before the end of every quarter. And if the Churchwardens or Petit-Constables, their Executors or Administrators, fail to pay this money, the Churchwardens, their Executors or Administrators, shall forfeit ten shillings. And after this the High-Constable must pay over the same at every Quarter-Sessions, to the Treasurers of the County, or any of them. And if he, his Executors or Administrators, do not so, they shall forfeit twenty shillings: And these forfeitures the Treasurers may and must levy by distress and sale of their Goods, rendering the overplus to the party; and when he hath recovered the money, he must employ it to the uses aforesaid: And if any Action shall be brought against any Officer, for doing any thing by virtue of this Act, he may Plea. plead in general, that it was done by authority of this Statute, without showing any other special matter; and if it pass with the Defendant, Costs. or the Plaintiff be nonsuit after appearance, the Defendant shall recover triple Damages. Two Justices of Peace may rate a Hundred Rates for money recovered against a Hundred for a Robbery. for the money recoved against the same, and levied upon one man of the Hundred for a Robbery; and then these Officers of the several places, Towns, and Parishes may, and must, rateably and proportionably tax and Numb. 2 assess every Inhabitant and Dweller within 27 Eliz. 13. the same place, according to his ability, towards the payment of the Rate and Assessment made by the Justices. And this money so rated, they must afterwards collect: And if the parties so taxed refuse to pay this Rate, these Offices may, of their own authority, distrain every person by his Goods and Cattles that shall refuse to pay the same, and may fallen the same Goods, and retain so much of the money, made thereof, as his taxation shall come unto, and the overplus of the money made of the same Goods, they must deliver to the person so distrained. And within ten days after the collection of those moneys, they must pay over the same to one of the Justices of the Peace that made the same Rate, to the use of the party rob. If any person be sent to the common Gaol Rates to carry an offendor to Gaol. of the County by any Justice or Justices of the Peace for any offence, the same person, if he have ability and estate of his own to do it, Numb. 3 must bear his own and his attendants charges; 3 Jac. 10. Dalt. J. P. 298. and this if he refuse to defray, than such Justice or Justices of Peace that so sent him to Gaol, may by Warrant under his or their Hands and Seals give, power unto any of these Officers of the place where such person shall be dwelling, or from whence he shall be committed, or where he shall have Goods, by the appraisment of four of the honest Neighbours of the place, to sell so much of his Goods as to discharge it, and to render him the overplus: And in case such person shall not have any Goods known within the County, whereby to make satisfaction, then that the Constables and Churchwardens, and two or three others of the honest Neighbours of the place where the said offendor shall be taken (if there be any such Officers there) or otherwise four of the principal Inhabitants of the place shall make a Rate, which being confirmed by the hand of one or more Justices of the Peace, shall bind the Inhabitants. And if any so taxed shall refuse to pay the rate, the same Justice or Justices that did commit the offendor, or any other Justice of Peace near adjoining, may give Warrant to any of these Officers of the place to distrain his Goods there, and to sell the same. And then, and thereupon this Officer may and must take some of his Goods, and apprise them by four substantial Neighbours, and afterwards he may sell so much thereof as to pay the same rate; and if there be any overplus, he must deliver the same to the party taxed. It is fit this Officer should be paid his charge for the convey of Rogues, Resol. Judges 1633. sect. 20. But Quaere how it shall be done. If the Officers of the Parish agree in it, the best way is to fetch it in upon the rate for the Poor, or Church, by the help of Justices. Every Parish shall be charged to pay weekly such a sum of money, towards the relief of Rates for the maimed Soldiers and Mariners. Sick, Hurt, and Maimed Soldiers and Mariners that have lost their Limbs or disabled their bodies in the public Service, as by the more part of the Justices of the Peace at their 43 Eliz. 3. general Quarter-Sessions holden after Easter Numb. 4 yearly, shall be taxed, so as no Parish be rated above the sum of ten pence, nor under the sum of two pence, weekly to be paid, and so as the total sum of such Taxation of all the Parishes in any County where there shall be above fifty Parishes, do not exceed the rate of for every Parish. The which sums so taxed shall be yearly assessed, by the agreement of the Parishioners within themselves [in the making of which rate, the best way to follow the rule of Taxation for the Poor] or in default thereof, by petty-Constables and Churchwardens of the Parish, or the more part of them, or in default of their agreement, by the order of the Justice or Justices of the Peace living within the Parish, or (if there be none) living in the parts next adjoining. And if the parties rated refuse to pay the rate, the Constables and Churchwardens, and every of them; or in their defaults, the said Justice or Justices of Peace, may levy it by distress and sale of the Goods of the party, rendering to him the overplus. And this money the Churchwardens and Constables must collect, and pay to the high-Constable of the Division, ten days before every Quarter-Sessions. And the high-Constable also, at the same Sessions, must pay over the same moneys again to any one or two of the Justices of Peace, or to the Treasurer or Treasures of the said collection, under pain of forty shillings to be forfeited by the high-Constable for every default; and under pain of twenty shillings to be forfeited by the pety-Constable for every default of his, the same money to be recovered by the said Treasurer, by sale of the Offenders Goods, as aforesaid, and to be employed by him to the use of the Poor, maimed Soldiers, and Mariners. They are to make a Quarterly-payment of all such sums of money as are raised in every Rates for the Prisoners in the Gaol. Parish and paid to them by the Churchwardens of the Parishes, for the relief of the poor prisoners in the common Gaol, under pain Numb. 5 of five pounds. And this money the Constables 14 Eliz. 5. 2 Jac. 25. in some places do pay to the high-Constable. They are to be aiding and assisting to the Rates for the amending of Bridges. 22 H. 8. 5. four Justices of Peace, appointed and authorized for the making of Taxes for the reparation of Bridges, according to the Statute of 22 H. 8. For these Justices are to make the Taxation by Numb. 6 the assent of the Constables, or of two of the most honest Inhabitants of the Parish. The Justices of the Peace at the Quarter-Sessions Rates for the house of Correction. 39 Eliz. 4. may Tax the County towards the erection and maintenance of houses of Correction. And all these Officers must do their uttermost to put the same Statutes in execution. Numb. 7 These Officers must levy such moneys as Rates for persons having the Plague. 1 Jac. 31. they are commanded by Warrant of Justices of Peace having taxed the same for the relief of the Poor infected with the Plague) under pain to forfeit twenty shillings for every Numb. 8 default to the use of the persons infected. SECT. 9 Of the Office of High Constables and Petit-Constables about Innkeepers, Alehouses, Drunkards, Tiplers, etc. 1. IF an Innkeeper, etc. refuse to receive a Traveller when his house is not full, and having no good reason for it, this Officer may compel the Innkeeper to receive him: But how he may compel him is doubted: For it seems all he can do, is to cause him to be indicted at the Sessions, or to be suppressed for it. 2. If any person without lawful licence take upon him (except it be at Fair times only) to keep a common Alehouse or Tippling-house, or use commonly selling of Ale, Beer, Cider, or Perry, he shall forfeit for every such offence twenty shillings, to the use of the Poor of the place (the offence being viewed by one Justice of Peace, or confessed by the party, or proved by one witness before him:) And this forfeiture may be, or is to be levied by the Constable or Churchwardens of the place, by Warrant from a Justice of Peace, etc. And they by virtue of such a Warrant may, and must by distress take into their hands so much of the offenders Goods to pay the same. And if he pay not the money within three days after the distress taken, they must apprise and sell the same Goods, and keep up the same money; and if there be any overplus, they must render the same to the party. And if the party shall not have Goods, etc. or shall not pay the same within six days after conviction, than the Justices of Peace, etc. may commit the offendor to any of these Officers to be openly whipped, according to the discretion of the Justices of Peace. The which these Officers (being charged herewith) must see they carefully do; for otherwise they may be committed to Gaol by the same Justice of Peace, there to abide without Bail or Mainprize until they do procure the same offendor to be whipped according to the Warrant of the Justice of Peace, or until they pay forty shillings unto the use of the Poor of the Parish. 3. If any person licensed shall utter or sell less than one full Ale-quart of the best Beer or Ale for one penny, and of the small two quarts for one penny (the same being proved by one witness, before one Justice of Peace) shall forfeit twenty shillings. And if any person whatsoever, Townsman or Stranger, shall be and abide tippling in any such house (the same being proved by one witness or the parties own confession, before one Justice of Peace:) In this Case, and for this offence, the Innkeeper, etc. owner of the house, for suffering this in his house, doth forfeit ten shillings for every such offence. And the party that doth so tipple, doth forfeit for every such offence three shillings four pence, and these sums are to be levied by the Constables and Churchwardens of the place where the offence is done, by distress and sale of the offenders Goods, upon Warrant from one Justice of Peace. And if the Innkeeper, etc. have no Goods to be distrained, he may be by the Justice of Peace committed to the Gaol, there to be kept until he pay the money: And if the Tipler be not able to pay his forfeiture, he is by Warrant from a Justice of Peace to be made to sit in the Stocks four hours. And all these sums are to go to the use of the Poor of the Parish where the offence is committed. And in cases of forfeiture by Innkeepers, etc. for selling by unlawful Measures, or for suffering Tiplers in their houses, if the Constables or Churchwardens shall neglect to levy, or shall not levy the said several forfeitures, or in default of distress shall neglect by the space of twenty days to certify the same defaults of distress to the Justices of Peace; then every such Churchwarden or Constable shall forfeit for every such default forty shillings to the use of the poor of the same place, to be levied by Warrant from the Justices of Peace to some indifferent men. And for want of distress, the same Constables and Churchwardens may be by any Justice of Peace committed to the common Gaol, there to abide until they pay the forfeiture. And for all these moneys so recovered by the Churchwardens or Constables, they shall be accountable to their successors and other the Parishioners in such sort as they usually be in other Church reckon or accounts. And for the forfeitures levied by others upon the Officers, they that levy the same shall be accountable therefore. And if any man be drunk, and thereof convict, he is to forfeit five shillings for the same, which he is to pay within a week after the conviction to the Churchwardens, to the use of the poor of the place, to be levied (on the neglect or refusal of the party to pay it) by Warrant from the Court, Judge, or Justices, before whom the same conviction was, upon the offenders Goods. And this Warrant may be made to the Constables or Churchwardens. And if the party be not able to pay it, than he is, by Warrant from the Justice of Peace, to be set in the Stocks, and there to sit six hours. And for the second offence, he is to be bound to the good Behaviour. And all these Officers are in their oaths, incident to their Offices, to be charged to present the offences against the Statute of 1 Jac. and 4 Jac. which are for selling by unlawful measures, tippling, or suffering tippling and drunkenness, and in cases of forfeitures for drunkenness, and for tippling against the tiplers themselves, & for not making presentments, being required; If these Officers or the Churchwardens shall neglect their duties in levying the said penalties, and due correction of the offenders as aforesaid, they shall forfeit for every default ten shillings, to the use of the Poor, to be levied, as aforesaid, by Warrant from the Justice of Peace, etc. But for drunkenness or tippling no man may be prosecuted after six months after the offence committed: And yet for suffering tippling and selling by unlawful Measures, the Alehousekeeper, etc. may be punished at any time. In all these cases and upon all these Statutes, the Officers are to take care when any Warrant is sent unto them from any Justice of Peace, Major, Bailiff, etc. that they see it duly and carefully executed, for fear of the several punishments aforesaid. SECT. 10. Of the Office of the High-Constable and Petit-Constable about Maypoles, Stageplays, Cloathiers, Disturbance of Ministers, Labourers and Servants; Moneys forfeit about Highways, making Supravisors for Highways; such as have the Plague, Hedg-breakers, Maulters, etc. 1. NO Maypoles may be set up, and May Poles. if any be, they must be forthwith, Numb. 1 taken down by the Comstables, Tything-men, and Churchwardens, of the place under pair of five shillings a week, to be forfeited by these Officers till it be pulled down. And if any Justice of Peace send his Warrant to the Constables, or Churchwardens of the place, to levy this money on the Offender, he must do it. Ord. 9 Dec. 1646. 2. No Stageplays may be acted, the Stage Plays. Actors are to be punished as Rogues: The Numb. 2 Spectators forfeit five shillings a time, and the money collected is forfeit. And if any Warrant come from a Justice of Peace to the Churchwardens or Constables of the place, to levy these forfeitures, they must execute it, Ord. 11. Febr. 1647. 3. He that shall espy and prove defaults in Clothiers. 7 R. 2. 9 Fitz. J. P. 203. any Cloth set to sale, against the Assize appointed for , and against the form of the Statutes, shall have the third part of every such defective Cloth for his travel, by the delivery Numb. 3 of the Sheriffs, if they be present, or the Lords of Fairs and Markets; or of the Stewards, Bailiffs, or Constables of the places where the said defective Clothes are found by Indenture made between them: The which Indentures must be delivered yearly at the Feast of St. Michael into the Exchequer, to the intent to charge the Aulvegers and Collectors, by whom such defaults should be searched and amended. By which Statute this Officer being required, is to take and deliver a third part of all such Clothes as are found so defective by Indenture. 4. None may purposely by word or deed Disturbance of Ministers. 1 Mar. 3. [as by talking, laughing, hemming, or the like] without authority, disturb a Minister in his preaching of the Word, praying, or administering Numb. 4 of the Sacraments: And if any do so, any one of the Constables or Churchwardens of the place may of his own authority presently apprehend him and carry him to a Justice of Peace of the same County, who may (if he think it meet) commit him to safe custody; and within six days after, taking with him another Justice of Peace, must examine the matter; and if by proof of two witnesses they find it true, they must commit the party to Gaol, where he is to be for three months. 5. Any one of these Officers may, and must Laborers and Servants. 5 Eliz. 4. in the time of Hay or Corn Harvest, upon request to him made by any man, and for the avoiding of the loss of Corn, Grain, and Numb. 5 Hay, cause all such Artificers as he shall see meet to labour, to serve by the day, for mowing or otherwise, for the getting in of Corn or Hay abroad, according as they see them fit: And if such Persons shall refuse to work as aforesaid, being thereunto required by the Officer; the Officer may put him in the Stocks by the space of two days and one night: And this if the Officer shall neglect to do, he shall forfeit forty shillings. No person retained in Husbandry, or in any Arts appointed Departing without a Testimonial 5 Eliz. 4. by the Statute of Laborers, made in 5 Eliz. may departed after the time of such retainer expired, out of the Town or Parish where he last served, to serve in another, unless he Numb. 6 have a Testimonial under the Seal of the Constable, or other such officer, and two other honest Householders of the Town or Parish where he last served, according to this form. Memorandum, That A. B. late Servant of C. D. of E. in the County of G. Husbandman (or Tailor, etc.) is licenced to departed from his said Master, and is at liberty to serve elsewhere, according to the Statute in that case made and provided. In Witness whereof, etc. Dated the day, month, year, and place of the making thereof. The which Testimonial, the Minister of the Parish where such Master, Mistress, or Dame doth dwell, aught to register, taking only twopences therefore. And if any such person be admitted into any other service without showing any such Testimonial to the Constable, or such other Officer, Curate, or Churchwardens of the place where he shall be accepted, he shall be imprisoned until he procure such a Testimonial; the which if he do not within twenty one days, next after the first day of his imprisonment; or if he shall bring a counterfeit Testimonial, he is to be whipped as a Vagabond, and he that shall receive any such person into his service doth forfeit five pound for every such offence. 6 First, The pety-Constables, &c, are to join Monies forfeit for high ways and making Supravisors for the highways 2. & 3. Ph. & M. 8. with the Churchwardens to take the Estreats of the forfeitures of offenders against the Statures for the High ways: And they are to call the high-Constables to account for the moneys they have received of such offenders, and to take the same monies into their hands, and to bestow the same upon the reparation of the Numb. 7 highways of the place. Secondly, ●he Constables and 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 highways 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 fine, making to be assessed by the Steward of the Leet: or in default thereof, by two Justices of the Peace, in open Sessions, as in their discretion shall be thought meet Any one of these Officers [in times and About persons that have the Plague. 1 Jac. 31. places of infection with the Plague] (if the infection be out of any City, Borough, Town, Corporate, privileged place, or Market Town) may command or appoint, Numb. 8 Persons infected, or being, or dwelling, in any house infected, to keep their house, for avoiding of further infection: And if notwithstanding such Persons, do wilfully and contemptuously disobey such direction, and appointment, offering, and attempting, to break or go abroad, and to resist, or going abroad and resisting such keepers, or Watchmen as are appointed to see them kept in: It is lawful for such Watch men, with violence to enforce them to keep their houses. And if any hurt come by such enforcement to such disobedient Persons the said keepers, Watchmen, and other their assistants, shall not be impeached therefore. And every infected Person, so commanded, by any of these Officers, to keep their house, which contrary to such commandment wilfully and contemptuously goeth abroad and converseth in company, having any infectious sore upon him uncured, becometh Felon: But if such person have not such sore found about him, then for his said offence he is to be punished, as a Vagabond, and aught to be by Stat. 36 Eliz. 4. and further to be bound to his good behaviour for a year. 2. The Constable, 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. 8. If a Justice of Peace, send his Warrant, Hedg-breakers. 43 Eliz. 7. to any one of these Officers, for the whipping of any person, convicted before the Numb. 9 Justice for robbing of Orchards, cutting or pulling up of Wood, Corn, or any such like trespass; the Officer must by himself or some other, see that the same be done accordingly; for otherwise for his neglect therein, he is to be committed to Gaol by the same Justice of Peace, and there to be kept until he do procure the same Person to be whipped, according to the same Justice of Peace Warrant. 9 The Constables, also of every Borough, Maulters. or Town, may search, and survey, all such Numb. 10 Malt as shall be made, or put to sale there; and if they find any Barley-Mault 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 sale any good Malt mingled with Malt not sufficiently made, or with Malt made with Mow-burnt or spired Barley; or that put to sale 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. But some say this doth not belong to ordinary Constables, but to the head Constables of Corporations. It seems to me otherwise. SECT. 11. Of the Office of High-Constable and Petit-Constable about Recusants, Dressing meat in Lent, Purveyors, Soldiers departing from their Commanders, abjured Persons, employment of Money given to Charitable uses, Takers of Pheasants, etc. Fish, High ways in Kent, stoned Horses, College of Physicians. 1. THe Constable and Minister of the Recusants. Parish, must take and enter into a Book, and certify to the next Quarter-Sessions, the names of all Recusants sent thither by order, 35 Eliz. 8. 2. These Officers, if required by lawful Warrant, must apprehend Popish Recusants excommunicate, 3 Jac. 4. No Butchers may kill or sell meat in Lent, Lent. under pain to forfeit it. And these Officers may seize it, and give it to the Poor: 1 Jac. 29. If any Cator, or other, shall (without lawful Purveyors. bargain) take upon him to purvey, or take up any thing whatsoever of another, against his will, to the use of any great Lord, or other person, and the party grieved give notice thereof to the Constable, or such Officer of the place; In this case, and hereupon the Officer (viz.) the Constable or Tythingman of the place, must, under pain of twenty pounds arrest such Taker, and carry him to the next Gaol, where he is to remain without Bail or Mainprize, until he redeliver the things so taken or the value thereof. Any one of these Officers may arrest Soldiers Soldiers. arriving here, that they suspect to have been in the service of the State, & are departed from their Captains without leave, 18 Eliz. 19 Persons abjured to go to any Port, it seems Persons abjured must be conveyed by these Officers. These Officers are to join with the Minister, Money given to charitable uses. Churchwardens, and Overseers of the Poor, where money is given for the placing of poor children apprentices in the employment thereof. These Officers may search suspect places for Takers of Pheasants, etc. setting Dogs and Nets to take Partridges and Pheasants. And the Churchwardens may sue for and recover the forfeiture, 23 Eliz. 10. 7 Jac. 11. These Officers and the Churchwardens Takers of Fish. being commanded by a Justice's Warrant must levy the forfeitures upon such as take Fish with unlawful Nets, 3 Jac. 12. The penalties of the Statutes, for repair of Highways in Kent. Highways in the wealds of Kent, Surrey, and Sussex, are to be levied by these Officers, by Warrant from the Clerk of the Peace, or two Justices, one of the Quorum, 39 Eliz. 19 Constables in Cambridg-shire, and the Isle of Stoned horses. Ely, being desired, must measure the stone-horses that go in the Common; and must yearly drive the Common, 32 H. 8. 13. 8 Eliz 8. College of Physicians. These Officers in London, and within seven miles thereof, are to attend upon the College of Physicians, being thereunto required, 14 H. 8. 5. SECT. 12. Of the Duty of High-Constables and Petit-Constables in attending the Justices, setting and making of Presentment. THe High-Constables and Petit-Constables are to attend upon, aid, and assist, and execute the Warrants of the Judges of Assize at their Assizes and Gaol delivery. And the Justices of Peace, at their general and special Sessions, and other meetings, and there (upon Oath, and in writing if it be required) to make presentment unto them of such things, and to such Articles as these. 1. If Hue and Cry, for apprehending of Felons, have been duly made and followed, and by whom neglected 2. If Watch and Ward have been duly ordered and observed, and who is faulty therein. 3. If Rogues have been duly apprehended, punished and conveyed away to their place appointed, and who is faulty therein. 4. If the Statute of Laborers be observed, as if the Rates of wages be observed, what Servants or Apprentices have put themselves off, or are put away before their term be ended, and what is become of the Servant or Apprentice; what unmarried persons of able bodies live out of Service, not having means otherwise to live then by their Service. If they work, who sets them to work: What persons live idly and will not work, or not for reasonable wages, or spend all at the Alehouse, 5. Of such as lodge and harbour dangerous and suspicious persons, for whom they will not answer. 6. If Bakers and Brewers keep due Assize of Bread and Beer: or that sell unwholesome Bread or Beer. 7. Such as sell by false weights and measures. 8. Forestallers, Regrators, Ingrossors. 9 What cause-ways, Bridges, and Highways are in decay, and by whose means. 10. Miller's. 11. They must also present the offences done contrary to the Statutes made for the repressing of Drunkenness, and other disorders, and such Articles as these: 1. What number of Alehouses are within their limits. 2. Which of them are licenced, and which not, and by whom. 3. Which of them licenced are, in regard of their persons and dwellings, fit to sell. 4. Who keep ill order by keeping Gaming, harbouring Rogues and Thiefs, suffer Tippling, Drunkenness, etc. selling by unlawful measures, measures unsealed, or less than a quart of the best, and two quarts of the small for a penny. 12. Of the Defaults of Highways not enlarged, and of Ditches, Underwoods', and Bushes there, to cover Thiefs, within two hundred foot. And if they be charged, they must give account to all the particulars of their Office: And for any neglect or fault herein, the Justices may punish them by Indictment or otherwise, as in other like cases of neglect or contempt of them. CHAP. IX. The Power and Duty of the High-Constable alone, and in special; and beyond the Power of the Petit-Constable. SECT. 1. THe High-Constables Office Against Cloathiers and their Workmen. 4 Ed. 4. 1. Fitz. J. P. 203. lieth further in these things following. The Makers of Cloth shall pay to their Carders, Spinners, and other Laborers in lawful money, [and not in Pinns, Girdles, or such other things] for their, work, under pain to forfeit three times so much as their wages. And they must deliver them their Wool by due weight: And the Carders, Spinners, Fuller's, Dyers, Sheremen, and other Laborers shall do their work faithfully, under pain to forfeit double damages. And the Constable of the Hundred may hear and determine the complaints of every such Cloathier and Draper, as well for not payment of the wages of the Laborers, as of the forfeiture and damages by due examination of the parties. And hereupon also, for not payment of the said Duties, Forfeitures, and for the Damages, to commit the Trespassers to the next Gaol of the same County, until the said Duties, Forfeitures, and Damages be paid. Also they may enter into any House, Land, or other place, to search for any Tenters, Ropes, Rings, Head-wrinches, or other Engines for stretching of Cloth, and deface them: And if the owners shall afterwards use them, these Officers may take and sell them, and give the money to the Poor. SECT. 2. Of the High-Constables Office in receiving and paying of the Rates. 1. THe Justices of the Peace or the more Rates for the Prisoners in the common-Gaole. 14 Eliz. 5. part of them, at their quarter-Sessions, may Rate every Parish within the Shire at such sums as they shall think fit, towards the relief of the poor Prisoners within the common Gaol of the County, so as it exceed not eight pence a week in every Parish; and this the Churchwardens must levy [within their Parishes] on the Sundays, and once every quarter they must pay the same to the High-Constable, who must also pay over the same again at the next Quarter-Sessions of the same County, to such Collectors living near the same Gaol as the said Justices shall there appoint to receive it; the which Collectors are to distribute the same weekly, according to the said Justice's appointment, under pain of forfeiture of five pounds, by every one of these Officers making default herein. 2. They are to receive the moneys rated by Rates for the Upper-Bench and marshalsea. 43 Eliz. 2. the Justices upon the County, for the relief of the poor Prisoners in the upper-Bench and marshalsea quarterly, from the Churchwardens of the Parishes within their Division ten days before the end of the quarter, and then they are at the next quarter-Sessions, to pay over the same to the Collectors appointed by the Justices, under pain of twenty shillings for every default. 3. They are also to receive the moneys rated Rates for the maimed Soldiers. 43 Eliz. 3. by the Justices of Peace on the County, for the relief of maimed Soldiers and Mariners, ten days before every quarter-Sessions, from the Churchwardens and Constables of every Parish within their Division. And then the High-Constable, at the same Sessions, must pay over the same money to any one or two of the Justices of the Peace, or to the Treasurer of the County, for this purpose, under pain of forty shillings to be forfeited for every default. But in these three last cases, it seems the High-Constables do now usually send out their Warrants to the Petty-Constables and Churchwardens, to require them to bring in the moneys aforesaid. SECT. 3. The High-Constables Power and Duty about High ways. EStreats indented, aught to be made by About highways. 2. & 3. Ph. & M. 3. 5 Eliz. 13. the Clerk of the Peace, and by the Steward of the Leet, of all forfeitures arising in the Sessions of the Peace, or in the Leet, upon the Statutes of Highways; of which Estreats, one part ought to be delivered yearly within six weeks after Michaelmas, to the High-Constable of the Hundred wherein the defaults were committed; and the other part to the Constables and Church Wardens of the Parish wherein the defaults were, to the end that such High-Constable may thereby levy by distress the same forfeitures, or the double thereof if no distress can be found, or if such forfeitures be not paid within twenty days after a lawful demand of the same by the Officer, and to the intent also that the said Constables and Churchwardens may thereby call the said High-Constable to an account before two Justices of Peace (the one being of the Quorum;) for the said High-Constable is once every year, between the first day of March and the last day of April, to make a true account and payment of all such sums of money as he hath received by means aforesaid, to the Pety-Constables or Churchwardens of the place where the offence is committed, or any two of them, under pain of forty shillings. And this if they refuse to do, they may be compelled unto by the Churchwardens, by the help of any two Justices of the Peace (the one being of the Quorum:) And this money is to be bestowed by the Churchwardens on the Highways of the Parish. And upon this account the High-Constable is to have for his pains eight peace for every pound he hath levied and paid. SECT. 4. Of the Power and Duty of the High-Constable alone, about keeping petty-Sessions, Sea-banks in Northfolk, presenting of Recusants. THe High-Constables in all such Shires Keeping petit Sessions. 5 Eliz. 4. where the petit Sessions for Servants and Laborers (otherwise called Statute Sessions) were used to be kept before, 5 Eliz. may yet still hold their Sessions; so that nothing be done in them contrary to the Statute of Laborers and Servants, made 5 Eliz. 4. The High-Constables of Hundreds there, Sea-banks in Norfolk. 29 Eliz. 24. must overlook the work for amending the Sea-banks, according to the order of the Justices of Peace at Sessions. The high-Constable in default of the Church Making Presentment of Recusants. 3 Jac. 4. Wardens and Constables of the Parish, is once a year to present at the Sessions, the names of Popish Recusants, their Children, and Servants. CHAP. X. Of the Office of Constables of Towns that are head Officers, and have others under them, about Weights and Measures, unlawful Games, Cooper's, Merchandise, making Malt. THere are also in some places Constables of Towns or Parishes that are head Officers, and have others under them. And these in some Corporate Towns are part of the name of their in corporation. And in some places they have other Officers under them. And this Officer is in some Statutes called a High-Constable. And to him do some of the things aforesaid belong in common with other Constables, as to make a Testimonial for a Servant to go into another Parish; to compel an Artificer to work in the Harvest time; and some other things. And some other things there are, that are said to belong to the Constable of a Town only, and to none other of the Officers aforesaid, as the things hereafter mentioned, viz. 1. Every City, Borough, and Market Town Weights and Measures. 8 H. 6. 5. 11 H. 7. 4. that hath a Constable, ought also to have common measures sealed, and also common weights sealed, at which the Inhabitants may freely weigh. 2. The Major, Sheriffs, Bailiffs, Constables, Uunlawfull Games. 13 H. 8. 9 and other head Officers within every City, Borough and Town where any such Officers be, 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, and may arrest and imprison as well the keepers of such places as the haunters to the same, till they be bound no more to keep and haunt such places. And if any such Head Officer shall find, or know, that any Artificer, Crafts-man, Husbandman, Apprentice, labourer, Servant at Husbandry, Journy-man, or Servant of Artificer: Or that any Mariner, Fisherman, Waterman, or Servingman, doth play at the Tables, Dice, Cards, Tennis, Bowls, Closh, Coyting, Logating, or other unlawful Game out of Christmas time, or out of their Master's house or presence in the Christmas time, unless it be by the licence of such Masters as have 100 l. by the year, or above and then also that playing be within the precinct of such Master's House, Garden, or Orchard, than such head Officer may commit such offendor to Ward, till he shall be bound by such obligation to the use of The Keepers of the Liberty, etc. in such sum, as to the discretion of such Officers shall be thought fit, that he shall not from thence forth use such unlawful Games. 3 In all Cities, Boroughs, and Towns, Cooper's. 23 H. 8. 4. wherein no Wardens of Cooper's be, the Majors, Sheriffs, Bailiffs, Constable, or other head Officers there, have power to search, view, and gauge Barrels, Kilderkins, Firkins, and other vessels to be made there, and to take such advantage thereby, and in such manner as the Wardens of Cooper's, within the City of London, may take on every behalf. 4. If any Wools or other Merchandizes, Merchandise. 14 H. 6. 5. be shipped to the Staple in any suspected place adjoining to the Coast of the water, than Indentures ought thereof to be made between the owner and the Major or Constable of that place; or otherwise such Merchandise shall be forfeited. 5. The Constable of every Borough or Making of Malt 27 Eliz. 14. Market-Town, or other Town may view, search, and survey all such Malt as shall be made or put to sale there: And if he shall find any Barley-Mault 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, Floar, Steeping, and such sufficient Floar, Steeping, and such sufficient drying thereof, and in these three months, the space of seventeen days at the least. And if he find any person to put to sale any good Malt mingled with Malt not sufficiently made, or with Malt made of Mow-burned or spired Barley; or put to sale any Malt not sufficiently well trodden, rubbed, and fanned, whereby half a peck, or more, of dust may be fanned out of one Quarter thereof: then may such Constable (with the advice of one Justice of the Peace in 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 expedient. All these things last aforesaid appertain only to the head Constable of Market and great Towns, and, as it seems, the High-Constables of Hundreds, and petty-Constables, and Tything-men of Parishes and tithings, have no power nor charge at all therein. And yet beware of this, for perhaps they may be otherwise taken. It is said upon the Statute of 7 Jac. 3. for the employment of money given for the binding of Apprentices. The Statute of 3 Jac. 12. against the destroying of Fish. The Statute of 1 Jac. 4. for the presenting of Recusants. The Statute of 1 Jac. 21. against them that are infected of the Plague. The Statute of 1 Jac. 29. against them that dress meat in the Lent, and some others; that upon these Statutes Borsholders, Tything-men, Head-Borows, and such like Officers being in Towns or Parishes (underneath Constables that be there) have not to do, nor may meddle, because such Constables be in comparison of them called head Officers; But where no such head Officers are, nor any Officers in the place that are called by the names of Constables, but that they are called Tything-men, Chief-Pledges, Borsholders; or by some other name there, out of doubt these Officers are intended by the word Constable within the Statutes, and they have the same authority and charge by the same Statutes as the Constables have. CHAP. XI. Of Churchwardens, and their Office. Churchwardens are Officers Numb. 1 chosen yearly by the major What they are, and how they are chosen. part of the Parishioners, according to the custom of the place, to look to the Church and Church-yard, and things thereunto belonging. These now by the new Ordinance of the ninth of February 1647. where they have been used to be, are to be chosen every year on the Monday or Tuesday in the Easter week, by the major part of the Parish, at a public meeting; And they may choose one, two, three, or four, as they please. And if the Parish do omit this Election, it loseth forty shillings to the use of the Poor of the Parish. This choice also must be allowed under the Hands and Seals of two of the next Justices of Peace. And being thus chosen, they are to continue in their Office but one year, and no longer, except there be a custom for longer time, and except they be chosen again in the same manner at the years end, otherwise they are to be changed every year. And in case of miscarriage in their office, they are to be put out, and others chosen within the year. And albeit there be a Custom within the Parish, that the Churchwardens shall continue in their Office by the space of one year, two years, or more, (as in some places there is) yet in case of misdemeanour found in them, about the execution of their Office, the Parishioners may at any time proceed to a new election of new, and remove the old Churchwardens; for there is no other remedy against this evil. In the choice of these Officers care must be had, as in the choice of Constables, that there be none but honest and able men chosen to the Office. For the discovery of the Office and duty Numb. 2. of these Officers, these things are to be Their Office and Duty. known. 1. That for some things belonging to their Office, they have a power and Office therein by the ancient Common Law: And for other things belonging to their Office, they have a Power and Duty therein, by certain Acts of Parliament newly made, by which their Office is enlarged. And for this last also, some things hereof do concern the Church and Church matters. Other things do concern other matters. Some things also they may do Ex Officio, and without any warrant from others. Other things they may do only by warrant from others. We shall speak first to the matter concerning the Church. 2. By the ancient Common Law, the Numb. 1 Office of the Churchwardens doth lie in In providing and keeping the Church Goods. these things. 1. They are to see to, and preserve the Goods of the Church (viz.) the Books, Communion Cups, Linen , and other decent Ornaments and Furniture of the Church which they do find there, when they enter into their Office. And if there be any lack in these things, they are to see and provide them, and being provided, preserve and keep them also. And for this purpose (in favour of the Church) the better to enable them herein, the Law doth make of them a kind of Corporation (viz.) Corporation. persons enabled by that name to take movable Goods or Chattels, and to sue and to be sued at Law concerning such Goods, for the use and profit of their Parish. For the property of the Goods of the Church is in them, and they are by that name enabled to take them, and to be sued for them, for the use and profit of the Parish. And therefore these Officers may have and enjoy Goods to the use of the Church. And a Man may well, in his life time, or by his last Will, give or grant money or other movable things to the Churchwardens, or to the Parishioners of a Parish, for the Reparations of a Church, or for the buying of Books, Communion Cups; Linen , or other decent Ornaments or Furniture for the Church. And this kind of Gift is so much favoured in Law, that it is not needful therein to have any Writing or words at all. For if a man do but buy a Bell, and hang it up in the Steeple; or make a Pew, and set it up in the Church, and do make no words or writing hereof; by this the Bell and the Pew are so dedicated and given to the Church, that the party Actions by, or against them. that did owe them, can never have them again. And if any Goods or Chattels be devised to the Church, and be kept from it, the Churchwardens may by Suit recover it in a Court of Equity. But they can have no Action by the Common Law, to recover any such thing given, of the which they never had the possession: But if the Churchwardens be once possessed of any Goods or Ornaments belonging to the Church, and afterwards the same things be taken from them; they shall have the same remedy for these things, as other men have for the Goods taken from them; And therefore if such Goods be stolen, the Churchwardens may have an Appeal of Robbery against the taker of them. And if they be otherwise taken away or abused, as if a Bell be broken, or the like, the Churchwardens may have an Action against him that doth it, albeit he be the Parson or Vicar himself. And in this Action they shall recover damages to the use and benefit of the Parish, and not to their own use. And yet these Officers have no such property in the Goods of the Parish, as thereby to have power to give, sell, release, hurt, or impair them; for they are Officers trusted for the behalf of the Parish; and therefore have no power in the Goods of the Parish, but for the good and profit of the Parish. And therefore if they shall so do, or otherwise unprofitably waste or mis-imploy the Goods of the Parish, the Parishioners may remove him, and choose another, although it be before his year be expired. Also it seems the party that doth steal or take away any Goods belonging to the Church, may be punished for it, as for a Sacrilegious offence. And if these Churchwardens, from whom the Goods be taken, die, or be out of their Office; their successors (as some think) may sue for and recover them, or the damages for them: Or if these Churchwardens may not, the old Churchwardens may sue for, and recover the same. And if anything have been used time out of mind, to be paid towards the Church, and it be now withheld, the Churchwardens may sue for the same in a Court of Equity. But as touching any Estate of Lands, or the profits of any Lands, the Churchwardens are not to meddle at all; insomuch, That if the Walls, Windows, or Doors of the Church be broken down, or the Trees in the Churchyard cut down, or the Grass thereof be eaten up; the Parson or Vicar, nor the Church-wardems shall have an Action for it; for they are a Corporation only as to movable Goods. And therefore they cannot take Estates of Lands to them, by name of Churchwardens only, in Fee-simple, for life or years, to the use of the Church. And if a Feoffment be made of any Land to others, to the use of Parishioners, or to the use of the Churchwardens of a Parish: this is a void use in Law, and they shall take nothing by this conveyance. 37 H. 6. 30. 11 H. 4. 12. 8 Ed. 4. 6. F. N. B. 91. 11 H. 7. 27. 12 H. 7. 10. F. N. B. 52. 54. 2. These Officers are bound by the very Numb. 4 common Law, to take care, and look to the In making of Reparations. Body of the Church and the Tower, that the same be sufficiently repaired, kept and maintained; and that if any of the necessary Ornaments therein appointed for the worship of God, he decayed, that they be repaired again; for there must be always in a readiness, all things necessary to the preaching of the Word and Administration of the Sacraments. And they are to see that their Bells be in case, and fit for use. But if the Chancel, (the which in most, if not in all places, is to be repaired by the Parson) or any Isle in the Church, the which any man doth claim by prescription to himself, or his house in particulat be in decay, the Churchwardens are not bound to repair this. And now by the new Ordinance of Parliament they may raise money, not to build a new Church quite down, nor to repair a Cathedral or Collegiate Church, but they may raise money to maintain or repair a Parochial Church, provide Books, Bread and Wine for the Sacrament, repair Bread and Wine. the ●nclosures of the Church yard, or burying place, and to all other things that do belong to their Office. And further, they must make such reparations as any Justice of Peace shall under his Hand and Seal appoint about any part of the Church. 3. These Officers (as it seems) by the Numb. 5 Common Law are to order the Seats in the In disposing of Seats. Church, and to appoint every man and woman where they shall sit. And yet if any man have an Isle, or a seat in an Isle, or by-place out of the body of the Church, unto which he may make a right by prescription, as that which time out of mind hath belonged or appertained unto his house; in this case, neither the Church wardens nor any other can turn him out of it. And albeit one may not prescribe to have a Seat in the body of the Church, as belonging to his house, yet if the case be so, that a man hath time out of mind had such a Seat or Seat-place in the body of a Church as appertaining to his house; in this case the Church wardens ought not without very good cause to remove him. 12 H. 7. 27. 4. These Officers also may by the very Numb. 6 Common Law, to enable themselves for the In making and levying of Rates. execution of their Office in the Particulars aforesaid, may set Rates and Taxes upon the Parishioners for the payment of money. And as touching this point, and to show how the law is at this day upon the new Ordinance, these things are to be known. 1. These Officers with the Overseers of the Poor of the Parish, or the greater part of them together, must now make these Rates; for if they be otherwise made, there is no means to recover them. 2. These Rates may be made before there be present need, as before the Church fall, or be in danger of ruin, or the like. 3. These Officers may by these Rates raise money for the buying of Books, providing of Bread and Wine, repairing of the Churchyard or Burying place; for the King's Bench and marshalsea, and other Payments. And so also, as it seems, for the repair of the Church, the Tower, and the Bells. 4. For this, they may rate In making Rates. every Inhabitant and Occupier of Lands, Tithes, Impropriate Woods, or other Hereditaments within the Parish. 5. The Churchwardens must give public notice in the Church, when and where the Rate is to be made. Howbeit, if the Parishioners after such notice given, will not come, or coming, will not agree to the Rate; in this case the Churchwardens and Overseers of the Poor alone, or the major part of them, may make the Rate: But a Rate made now without giving notice thereof before hand to the Parish, is not good. 6. This Rate must be equal, and for this cause, It must be upon every Parishioner, and not upon some of the Parishioners only; and it must be set upon every one of them equally, (viz.) according to the quantity and quality of his Estate and Lands within the Parish, wherein they may rate by the Yard, Acre, or otherwise, as they think fit; so as it be equal and according to the true value, by an equal proportion. And if one of another Parish have Lands in the Parish where the Rate is made, in his own occupation; in this case they may rate him to Church Payments, according to the value of his Land. And this, Albeit there be no house upon it, and albeit the Owner and Occupier dwell in another Parish; for as to this purpose he shall be called a Parishioner; and therefore he may, Parishioner. if he please, come unto, and frequent the Church of that Parish, as he doth the Church of the Parish wherein he lives. And where the Landlord and Tenant both do live out of the Parish, it seems, the Curchwardens may rate either of them at their Election. And yet some hold, that in these and such like cases, the Rate must be always set upon the Occupier of the Land, and not upon the Landlord. And if the Farmer or Occupier of the Land do live within the Parish, where the Rate is made, there he only, and not the Landlord, shall be rated; and the Tenant is to be rated for the whole value of the Land; and therefore the Landlord is not to be rated again for the Rent he doth receive out of the Land; for then the Land would be twice rated: And in this case there is a Parishioner and Inhabitant chargeable. And Receipt of Rent out of a Parish for Land within the Parish, by a man that lives in another Parish, will not make him a Parishioner. But if he have Land in the Parish in his own occupation; there he may be rated with this difference, he may be rated towards the repire of the Church only. For as to the repair of the Seats of the Church providing of Church Ornaments, Sextons wages, and the like, he shall not be charged therewith, Browal. 2. part 10. And yet, in case where the Landlord and Tenant both live within the Parish where the Rate is made, there the Raters may set the Rate upon which of them they please; yet so as they be not both rated for the same thing: but a man that doth neither dwell within the Parish, nor hath any Land within the Parish, cannot be rated at all towards the Church Payments. And therefore, if a Butcher come thither, it being a Market Town, to sell Meat, and have a fixed Stall there; this will not make him a Parishioner, nor chargeable to the Church. 7. After the Rate is thus made by the Numb. 7 Churchwardens and Overseers of the poor, it must be put in writing, and the Hands of the Churchwardens and Overseers of the poor, and of the Parishioners that are agreeing to it, it will be good to have annexed to it. But this is not necessary; for a Rate may be good without any Hands subscribed, if it be duly made. 8. the Rate thus made by them, must be confirmed by the two next Justices of Peace. 9 If any one refuse to pay them, being thus made, upon demand, the present or subsequent Churchwardens, may by Warrant under the Hands and Seals of the two next Justices of Peace, levy them, and all the arrears thereof; and two shillings six pence for the neglect upon the Goods of the party appointed to pay it. 10. If any be Over-●ate. grieved with the Rate, relief is to be had before the Justices of Peace, at their Quarter Sessions. Or if the Rate be read by practice and conspiracy to oppress a man, as for Alimony, or to pay a debt, and in cases where the Churchwardens or Overseers have no Power, there perhaps they may make themselves liable to an Action of the Case or Action of Trespass. 5. These Officers are to relieve, and dispose of the Rents of Lands or Annuities, given towards repair of Churches and Church duties according to the intent of the Donor. 6. The next thing these Officers by the Numb. 8 Common Law, are bound to do, is, When In delivering over the Church goods, and making an Account. they are going out of their Office, they are truly to deliver up to the Parishioners, whatsoever Money or other things of right, belonging to the Church or Parish, they have in their hands; and it is the best way to deliver them by Bill indented to the succeeding Churchwardens. 7. The last thing these Officers are bound by the Common Law to do, is, to give up a true and perfect Account of all their Receipts and Disbursements in the time of their Office: The which, it is best to do to the succeeding Churchwardens. And this if these Officers refuse to do, their succeeding Churchwardens may now compel them to by an Action of Account at the Common Law. But now by the new Ordinance, they are bound within four days of their Office ended, and new Churchwardens chosen, to give an Account to their Successors and the two next Justices of Peace, and to pay over the Money, in their hands, to their Successors. And refusiing this, they are to be committed without Bail, till they do Account, and pay the Moneys in their hands. And by this Writ of Account, at the Common Law, the present Churchwardens may compel their Predecessors to give an Account of, and to answer for their do, during the time of their Office: And if they have done the Parish any wrong, to make amends and satisfaction for the same, to the use of the Parish, for the harm it hath received by their default. And in this Account, the old Officers shall have Allowances. allowances for all the needful sums of Money laid out, or spent by them, either upon the Reparations of the body of the Church, Tower, or Bells; or for relief of the Prisoners in the Gaol, or otherwise where the Law doth enjoin them to pay or disburse them. And now having dispatched the Duty and Power of these Officers, commanded, and given to them, especially by the ancient Common Law; we come to see wherein their Office is enlarged by some Acts of Parliament: And this we shall find to be in these particulars following. First, We have showed before, how by Numb. 9 the late Ordinance of Parliament, these Officers In making and levying of Rates and Forfeitures etc. may without warrant, Ex Officio, make and set Rates; and that by warrant under the Seals and Hands of two Justices of Peace, they may levy the same, and the arears therereof, and two shillings six pence by distress and sale of Goods. And that they, may, and must also execute the Warrants of the Justices of Peace, in levying all the penalties appointed for any offence within that Ordinance of Parliament; and also, in levying of all such money as shall be remaining in the hands of any of their Predecessors upon their Account, by distress and sale of Goods. Secondly, These Officers are to join with Numb. 10 the Overseers of the Poor, and some others, In employment of money given to charitable uses in the employment of money given for the binding of Apprentices, upon the Statute of 7 Jac. 3. Thirdly, Any one of these Officers may Against Prophaners of the Lords day. upon sight and knowledge of any offence done against any Law made for the observation of the Lords day, days of Humiliation, or Thanksgiving, do the same execution as Overseers of the Poor may do. Fourthly, these Officers together with Against Maypoles. the Constable, may take down a Maypole: And either of these Officers, by Warrant from a Justice of Peace, must levy the forfeiture appointed to be paid, for the setting and keeping up of a Maypole. Ord. April 6. 1647. Against Stageplays. Fifthly, These Officers alone may levy the forfeiture appointed to be paid by such as are present at Stageplays. And these Officers, and the Constables together, may levy all the Money Collected of the Comers to it, to the use of the Poor. Ord. Feb. 11. 1647. Sixthly, They must, being commanded Against superstitious Relics. by any Justice of Peace, take care with the Overseers of the Poor, to take down and demolish all superstitious Relics at the charge. And the Churchwardens being required by the Justice of Peace, must repair it as before, at the Parish charge. Ord. May. 1644. Seventhly, These Officers may apprehend Numb. 11 Swearers, and bring them to a Justice of Againct Swearers. Peace to be punished, as Overseers of the Poor may do. Eighthly, If any of his own Authority Against him that disturbeth a Minister or abuseth the Sacrament. shall willingly, and of purpose, by open and overt word or deed, maliciously or contemptuously molest, or by any other unlawful ways, disquiet or abuse any Preacher lawfully Authorised in his Preaching or Divine Service; or otherwise contemptuously, or of his own Authority abuse, deface; or otherwise unreverently handle, or order the Sacrament of the Body and Blood of Christ in any Church or Chappel: Such persons, their Aiders and Abettors, may immediately after the thing done, be forthwith Arrested by the Constable, these Officers, or any other person then present, and carried to a Justice of Peace, to be proceeded against according to the Statute. Stat. 1 M. Chap. 6. Ninethly, If any one do without lawful Against them that eat Meat on Fasting-days. licence, eat any Flesh upon any days, now observed for Fish days [the which (as it seems) are Friday's and saturdays in every week in the year, but in Christmas and Easter week, and the four Wednesdays in the four Ember weeks] he doth forfeit Twenty shillings for every time, and one Month's imprisonment without Bail or Mainprize. And every person, in whose House the same shall be eaten, knowing thereof, and not disclosing it to some Officer that hath power to punish it, shall forfeit for every such offence Thirteen shillings four pence; and one third part thereof, is to go to the Poor of the Parish where the Offence is done, to be levied by the Churchwardens of the place, by Warrant from the Justices of Peace, etc. So that by this Statute, If any such Warrant be directed to these Officers, they are to execute the same. Stat. 5 Eliz. 5. 27 Eliz. 11. 35 Eliz. Chap 7. And the Licence to be given for eating of Flesh to any person for notorious Sickness, by the Minister of the Place, must be Registered (if the Sickness continue above eight days after the Licence granted) in the Church Book. And this must be done, by the knowledge of one of the Churchwardens there. Tenthly, These Officers are to join with Numb. 12 the Overseers of the Poor, in the execution About the Poor. of their Office throughout; for they have an equal Authority and Charge with them in the Execution of the whole Office; nay these in truth are the principal Officers in this Office, and the Overseers are but Assistants to them; For so are the words of the Law, that they shall be joined with the Churchwardens, etc. Eleventhly If any forfeiture be by any offence, About killing of Hares, Pheasants, etc. about kill Hares, Pheasants, or Partridges, and the Justices of Peace force the payment thereof to these Officers, they are to receive the money, and see it employed to the use of the Poor of the Parish. Stat. 1 Jac. Chap. 27. Twelfthly, These Officers are to join with In levying money upon Rates, for the Prisoners in the King's Bench, and marshalsea the Constables of the place, to rate the whole Parish towards the payment of the County Rate of the Justices of Peace, for the relief of the Prisoners in the King's Bench, and marshalsea. And being rated, to pay the same to the High Constable of the Hundred once every quarter, under pain to forfeit ten shillings for every default. 43 Eliz. Thirteenthly, They are also to join with For Mariners and maimed Soldiers. the Constables, to rate the whole Parish towards the payment of the Justices Rate, for the County; for the relief of the Poor Mariners, and maimed Soldiers. And to collect and pay the same to the High-Constable, ten days before every quarter Sessions: under pain to forfeit twenty shillings, for every default. 43 Elz. Fourteen, These Officers alone are For the Prisoin the Gaol. to rate and levy the County Rate, made by the Justices, for the relief of the Prisoners in the Common Gaol, and to pay the same quarterly to the High-Constable of the same Hundred, under pain of five pounds; and this money, if the Churchwardens do pay before they do Collect it, it shall be allowed them again upon their Account. Fifteenthly, Where an Offender that is To carry a Prisoner to Gaol. committed to Prison, hath not Goods sufficient to defray the charges of conducting him thither; The Constables and Churchwardens, and two or three of the Parshioners, may make an indifferent Rate for the same. And any one of these Officers, by warrant from the Justice of Peace, that did commit the Offender, may levy the same Rate on the Parishioners Goods. Sixteenthly, These Officers are, upon a Numb. 13 Warrant sent to them, from any that have Against Drunkards. power, to levy the forfeitures for the breach of any of the Laws, touching Drunkards and drunkenness: And they are then also to see that they do employ the same, to the use of the poor of the place. Seventeenthly, These Officers are to join Against them that destroy Fish. with the Constables, to execute warrants for the levying of the forfeitures, against them that destroy Fish, etc. Eighteenthly, They are also to join with To choose Surveyors for the Highways. the Constables in the choosing of Supravisors for the Highways; and in the setting down of days for the work; and in the oversight of the High-Constables Account, for the moneys they do receive by any forfeiture. They may also with the help of two Justices of Peace, Quorum Vnus, force Force High-Constables to account. High-Constables that have received any money forfeited for defaults of Highways, to account for it; and pay in what is in their hands, to be employed about the Highways. Nineteenthly, If a Rogue be brought and About a Rogue. tendered to these Officers, they must receive him, or else they forfeit five pounds. Stat. 39 Eliz. Twentiethly, 1. These Officers being required, About Presentment. must attend the Justices of Peace, and with the Overseers of the Poor, give to the Justices an Account of what stock of money hath been raised by Rates, or is otherwise settled amongst them, and how they are employed; and what Apprentices are placed, or fit to be placed; and of the rest of the things concerning their Office. 2. They must also present upon their Oaths, all Offences that are done within their Parish: against the Statutes made for the suppressing of Drunkenness, and other disorders of Alehouses. 3. They are to join with the Constable in presenting of Popish Recusants. CHAP. XII. Of the Overseers of the Poor, and their Office. THe Overseers of the Poor, Numb. 1 are certain Officers appointed What they are, and how they are chosen. yearly to be joined and assistant to the Churchwardens of the Parish, in the oversight and ordering of the Poor of the Parish. And they are to be chosen and made by two or more of the Justices of Peace of the County (whereof one of them must be of the Quorum) dwelling in or near the Parish or Division, etc. who are yearly, under their Hands and Seals, at Easter, or within a month after, to appoint four, three, or two substantial Householders (according to the greatness of the Parish) to be joined with the Churchwardens of the Parish: And all these together, are to look to the Poor of the Parish, Stat. 43 Eliz chap. 2. 3. 1 Jac. chap. 25. 3 Car. 1. For the discovery of the Power and Duty Numb. 2 of these Officers, these things are to be Their Office and Duty. known. 1. Some things they are to do in their Office; they are to do it, and may do it Ex Officio, without any Warrant from any other. And some things they may do only by Warrant from others: And some of these things concern the Poor: And some of them do concern other matters. As to the first of these, we are to know these things. 1. That in this Office, the Churchwardens of the place have an equal Authority and Charge with the Overseers of the Poor; and therefore, howsoever it be the common course in most places, for the Churchwardens to neglect it altogether, and not to meddle at all with it; yet it is a common neglect punishable upon the Churchwardens, and fit to be redressed. But if there be but one Churchwarden within the Parish, this doth suffice; and the Overseers of the Poor, and this Churchwarden together, may execute the Office well enough. 2. The major part of them, without the rest, may do any thing belonging to their Office. 3. They must have the consent of two Justices of the Peace (one of which must be of the Quorum) either in general or in particular, to every thing they do in their Office: And yet, it seems, they may set up and use a Trade, by the consent of one Justice of Peace, where there are not two Justices within the limits; Nor is this consent otherwise necessary, then as herein is after set forth. 4. The Office of these Men lieth in these Numb. 3 things. 1. In general: They are to take In setting the Poor on work. order with the consent of two Justices of Peace, one of the Quorum) to set their Poor a-work, and if need be, for that purpose, to set up a Trade, place out their Apprentices, relieve the impotent, and such as cannot work, or cannot live by their work. But more particularly, 2. They, with the consent of two or more Justices, may set up and use any Trade, only for the setting a-work and relief of the Poor of their own Parish, without breach of any Statute. 3. They are to set to work the Children of such, whose Parents shall not, by them, be thought able to keep and maintain their Children, and such persons, married and unmarried, as, having no means to maintain themselves, use no ordinary and daily Trade of life to get their living by; all those that cannot get work elsewhere: And if any person so appointed by them to work, shall refuse so to do, or any others that are able, if they refuse to work for the wages assessed, he may be sent by any Justice of Peace to the common Gaol, or House of Correction; not to their place of birth or last dwelling. 2. The more part of them, with the consent Numb. 4 of the Justices as aforesaid, may and In binding Apprentices. aught to bind forth and place to be Apprentices the Children of such, whose Parents they judge unable to maintain their Children; But they may not bind any other men's Children so: And they unto whom they are so bound, may, and must receive them, and keep them as Apprentices: In which particular, these things are to be known. 1. Two Justices must be agreeing to what they do herein. 2. So they do bind them to Weavers, Masons, or any such like Trade; or they may bind them to Husbandry or Housewifery. 3. It is said they may bind any above seven, and under Thirteen years: And the Man-child may be bound until he be of the age of twenty four years, and the woman-child until she come to the age of one and twenty years, or be married. 4. These Officers may, with the Justice of Peace, help to compel any man within the Parish, that they think fit, to take such a poor Child to be his Apprentice, and that without any money at all, howbeit in this case it is meet that some respect be had; for if the Child be young, and the party to whom they would place it be not very able, they may give him money if they will; and it is fit that some money be given, as the Overseers and the party can agree. And if they cannot agree, as the next Justices of Peace, or the Justices of Peace at the Sessions shall set down. And this hath been the Resolution of the Judges. 5. All men that have, or may have use for Servants, are bound to receive such Apprentices themselves, or contribute towards the placing of them with others. And albeit a man be not a Tradesman, but a Knight, Gentleman, Clergyman, or Yeoman; and albeit he do not keep House, but be a Sojourner, if he use Husbandry, Clothing, grazing, or the like: or howsoever his case be, if by his Calling and Profession, he must entertain and use Servants of like quality; he may be compelled to take such an Apprentice. Resolved by the Judges. 6. If a wealthy man live so privately, that he heep few or no Servants, and leadeth such a life, that he hath no need of such a Servant; yet he may be compelled to take such an Apprentice himself, or to give money towards the placing him with some other. And this notwithstanding, they must bear their ordinary Rates to the Poor, as other men do. Rates. Resolved by the Judges. 7. If there be not Masters enough within the same Parish, to entertain the poor Children there, the Justices of Peace may compel men of other Parishes within the same Hundred to take them: And if there be not enough within the Hundred, the Justices of the Peace, at their Sessions, may compel them of any other Parishes, within the County, to take them. Resolved by the Judges. 8. These Apprentices may be bound to a man, either in regard of his ability, or in regard of his Farm. And in the last case it seems reasonable that he go with the Farm. 9 This binding must be Indenture by Indenture, or it is not good. 10. The Indentures thus made by the Churchwardens and Overseers of the Poor, with the allowance of the Justices; and this binding by them, are as effectual to all purposes, as if the Children were of full age and did bind themselves by Indentures. 11. All such as are so bound, according to 43 Eliz. may be safely received as Apprentices, 12 Car. 4. If any man refuse to accept of an Apprentice being thus placed to him, he is by the Justices of Peace, to be bound to appear at the next Sessions or Gaole-delivery: And if he refuse so do, he is to be sent to the Gaol, till he do so. And if he be bound to appear at the Sessions, and do appear, and then refuse (without a sufficient excuse to be allowed of the Justices of Peace) he is by them to be bound to the good behaviour; or if he refuse so to do, to be imprisoned till he do so; and he may also be Indicted and Fined for his contempt. Resolved by the Judges. 13. If a special Rate be set on any man to help place a poor Child Apprentice, it may be levied upon his Goods as other Rates are levied. Resolved by the Judges. 14. If the Parents of such poor Children, refuse to let their Children go to be Apprentices, or entice them away, being bound; the Parents themselves may be sent to the house of Correction. 3. The next main part of their Office is, Numb. 5 to give relief to, provide houses for, and to In relieving the Poor. And what Poor they are to relieve. help them that are poor, and not able to live by their work: For this we must know, that there are three sorts of Poor: 1. Such as are poor by impotency; as first, the aged decrepit persons, that are past labour; Secondly, the Infant Fatherless and Motherless, not able to work; Thirdly, the person naturally disabled in Wit or Member, as the Idiot, Lunatic, Blind, Lame, etc. Fourthly, the person visited with sickness, who thereby, for the time is impotent. All these being impotent, and not able to Work, are to be found and provided for, by the Overseers, or necessary relief. 2. Such as are so by Casualty; as first, he that is casually maimed in his Calling, as the Soldier, labourer, etc. Secondly, the person that is decayed by Fire, Water, Robbery, Suretyship, etc. Thirdly, the poor man overcharged with Children. All these, and such like, having no sufficient means to maintain themselves, are to be helped and set on work by the Overseers; and being not able to live by their work, are further in Charity to be relieved in some reasonable proportion, according to their wants. 3. The thriftless Poor; as first, the riotous and prodigal person that spendeth at play, drinking, etc. Secondly, the dissolute person, as Strumpet, pilferer, etc. Thirdly, the slothful person, that doth refuse to work, or doth wilfully spoil or imbezle his work. Fourthly, the Vagabond that will abide in no service or place. Fifthly, such as will work but for the wages taxed or usually given And for all these latter sort, the House of Correction or Common Gaol is the fittest place; and to the House of Correction is he to be sent, and not to his place of Birth, that will not work at the wages assessed or usually given: but if they have able bodies, they are to be compelled to labour; for the Rule of Christ is, That such as will not labour, must not eat, 2 Thes. 3. 10 And yet if these prove unable to work, than it seems they must have relief from the Parish as well as others. 2. They are not to take care for houses or other relief, for such as are able to work, and have, or may have work, nor yet for their Children; for they are by their work to maintain them also: But if such be overburdened with Children, it will be good for the Overseers to place some of their Children Apprentices: and if these cannot have work, the Overseers must procure them work; for none may beg in the Highways within or without their own Parish, nor at any man's doors without their Parish, by any licence whatsoever, nor at any man's door within the Parish, without order of the Overseers of the Poor. 3. Nor are they to take care of such as are able to live; and therefore if any such person travel through a Parish with Children, and the Father die and leave them; in this case the Parish is not bound, but in Charity, to relieve them. 4. Nor for such as, having nothing to live by, have able bodies, may have work and will not work: They are not to take care to relieve Rogues, for they are to be sent away. 6. They must take care for such Poor as Numb. 6 have Parents or Grand-Parents, Children or In settling of Poor, and where they shall he settled. grandchildren, able to relieve them as well as others, till they can be forced to help them. For the Justices of the Peace, at their general Sessions, may rate the Father or Grandfather, Mother or Grandmother, Children or grandchildren, being able to help relieve any poor People, and force them to pay it, if they live within the County. And yet if a Woman, having a Bastard take a Husband, it seems he is not bound to keep the Bastard, unless he have an Estate by her. And if the place be not able to relieve their Poor, two Justices, Quorum unus, may charge any other place within the Hundred to help: And if the Hundred be not able, the Quarter-Sessions may charge the whole County. 7. They must take care for all such as are lawfully sent to, and settled amongst them, if they prove impotent. But by the way, as to the point of settling these Rules and Cases following, are to be known. 1. He that is a Native, Housholder, Sojorner, Apprentice, or Servant, within a Parish, and doth live there in Peace but three weeks or a month together, is said to be settled there: But he that passeth through a Town only, or is in another Man's House, as an Inmate two or three days together; or lieth in an outhouse or Barn, for a longer time, having no house to dwell in; or a Child at Nurse there; or a Scholar at School there; or in the place being an Uuniversity; or as a Traveller in an Inn there, is not said to be settled there by this. And therefore if any impotency happen to any such, the place shall not be charged, but they shall be sent to the place where they or their Parents are settled, or where the Children were settled. Resolved of the Judges. 2. If a person be once duly settled in a Parish, he may not be after removed, but there he must be relieved, or set a-work, as his case is; for no man is to be put out of the Town where he dwelleth, nor to be sent to his place of Birth or last habitation, but a vagrant Rogue; And therefore they that have Houses or Services in Parishes, when their Estates or Services are ended, are to get new Houses or Services, and work if they be able: for in this case the Parish is not to provide for them: But if they be impotent, they must be there relieved, for they may not (in these cases) be sent to their places of birth, or last dwelling. And yet it is said in these cases, if any of these persons shall be taken begging abroad out of the same Parish, that in this case such person may be sent from the place where they are taken begging, as a Vagabond to the place of his birth. Resolved of the Judges. But if he go of his own accord into that Parish, and do not beg there, they cannot send him back; for none but a Rogue can be sent back to any place from whence he came. Pasch. 7. Car. B. R. per Ch. Just. And those young Children whose Parents are dead, are to be set a work, relieved or maintained at the charge of the place where they are dwelling at the time of the death of their Parents, and are not to be sent to their place of Birth, etc. For if the Parents be not Rogues, the Children cannot be Rogues till they wander and beg. 3. For further opening this matter, take these Rules. First, the Law unsettleth none who are lawfully settled. Secondly, none may be settled by practice. Thirdly, none can be said to be settled in that place where he is in no quiet, but continually interrupted by complaints to Justices of Peace, their warrants or other disturbances of the Parishioners, or Overseers of the Poor. Fourthly, no settlement can be made by composition and agreement. Fifthly, no settlement can be made by an illegal remove. Sixthly, nor can any settlement be by any man's being in a Parish obscurely, and in a skulking way, that the Parish cannot take notice of him 4. For the opening and illustrating of these Rules, take these Examples and Cases. 1. If a Rogue be taken at A. and he will not confess, nor can they find the place of his Birth, but he saith that his last habitation was at B. whereupon he is whipped sent to B. and there he confesseth the place of his Birth to be at C. In this case, without any new vagarancy, they of B. may send him to C. Resolved of the Judges. Secondly, If one that hath a Family, take a house in a Parish for one year, and before the end of the year, he is forced out of the possession of it, and then goeth into another Parish and take part of a house, and is there as an Inmate but one, two, or three days, he is put out from thence; and then for want of a house lieth in a Barn in a third Parish, and there the Husband is sick, and Wife delivered of a Child: Now in this case they shall be sent to, and settled in the first Parish, where his house is, and from whence he was lawfully removed; for none may be so forced to turn Vagarants. Resolved of the Judges. Thirdly, a Soldier maimed in the late Wars before May, one thousand six hundred forty seven, must be settled in the place where he was settled when he took up Arms. Ord. May one thousand six hundred forty seven. Fourthly, If an Apprentice or a Servant go out of that condition, he cannot be thrust out of the place, but must continue there, and be disposed of as his case requires. And if the Master of an Apprentice die before, or within the time, his Executors or Administrators must provide for him (if they be able) otherwise; and howsoever if the Apprentice become impotent, the Parish must do it; and so it is if he be placed by the Churchwardens. Resolved of the Judges. And if a Servant be got wi●h Child, and then goeth out of her Master's Service, before or after it appear she is with Child, and the reputed Father is run away, or poor; in this case, not the Master, but the Parish shall be charged. Resolved of the Judges. Fifthly, The Wife regularly is to go with the Husband, albeit he be a Servant. Resolved of the Judges. And if a Husband and Wife be Roguing, and they have a house in another Parish, though as an Inmate, they may be sent thither. Resolved of the Judges. And general Children Seven years old, and vagarants, must be sent to and settled with the Father or Mother, or Mother's Husband; and if he be dead, the Mother where she was born or last dwelled the space of a year. And being thus settled, they must there remain, and not be sent away from thence to their place of birth; though after their Parents die or run away, or the Children be above Seven years old, or do turn vagrant in that Town; for they must be there set on work. Resolved of the Judges. If a woman have a Bastard, and then take a Husband; it is said he is not bound to maintain this Child, unless he have a sufficient Estate by his Wife to do it, 10. Car. So held by the Sessions in the County of Wilts. And if a Rogue, whose last place, or place of birth cannot be known, have a Wife, and Children under seven years old, they must go with the Husband to the place, through which they were last wilfully suffered to pass without punishment, where the Children are to be maintained by their Father's work, though they be sent to the House of Correction. Dalt. J. P. 14. If one hire a House in A. or have no House in A. and live there with his Wife and Children, and bind himself to serve one in B. In this case, the Wife and Children must remain in A. But if he hire a House in B. then they must be all in B. And Children, whose Parents are dead, are not to be sent to their place of ●irth, etc. If they be like to be a charge; for the Parents not being Rogues, the Children cannot be Rogues, unless they wander or beg: in this case therefore they must be maintained at the charge of the Parish where the Father died. But if a travelling woman that hath a Child sucking on her, be sent to Gaol and then hanged for Felony, the Child shall not be charged on the Parish where she is hanged; but it shall be sent to, and settled in the place where she was born, if it can be found, otherwise to the place where she was taken. The Bastard Child, the Mother, or reputed Father, being not able to maintain it, must be with the Mother so long as it is in the condition of a nursing Child, and then it must be sent to the place of its birth: And if one be delivered of a Bastard Child in one Parish, and after the Mother go into another Parish with it, or become vagrant, so that she is sent to the place of her birth; the Child being under seven years of age, is to be sent to the place of his birth, and not settled with the Mother. Resolved of the Judges. If a Woman settled in a Service, hap to be with Child, which is like to be a charge, the reputed Father being gone or poor, the Parish where she is must be charged; but if she be in another Parish and settled, there she must continue. Resolved of the Judges. And therefore if a Woman unmarried be hired Weekly, Half-yearly, or Yearly, in one Parish, and there is begotten with Child; and then goeth into another Parish, where she is settled in service or otherwise, two or three months; and then she appear to be with Child, and it is like to be charge to the Parish, the reputed Father being gone or poor; in this case she is to be settled in the Parish where she is not, where she was begot with Child. Resolved of the Judges. And if such a Servant be got with Child, and then go or be legally put out of her Master's service, the Parish, not the Master, must be charged with it. Resolved of the Judges. So if a Servant be with Child when she is retained, and for this she is afterwards by a Justice of Peace discharged of the service within the time, or she be with Child and her time be expired, and she not able; the Parish, not the Master, shall be charged herewith. Resolved of the Judges. 4. The Justices of the Peace in their Quarter Sessions, if any question be about these things, do settle it according to these Rules. 5. Such as do remove any contrary to these Rules, may be fined; and if any be sent to any place against these Rules, they are to be sent back again to the place from whence they came. Stat. 43 Eliz. These Officers must provide houses as well as victuals for their Poor, and therefore they may by order of the Quarter Sessions, and leave of the Lord of the Manor, first had in writing under his Hand and Seal, build any house for the impotent Poor of the Parish in any waste part of the Manor, and they may place more Families than one therein, as Inmates, without any danger: but then this house must not be afterwards converted into any other use; for so it may become a Cortage afterwards. They are to do their work by and with Numb. 6 the money raised by the Rates; also with the money that comes to them by the forfeitures of Delinquents upon the Statutes against Alehouse-keepers and Tiplers, sale of Tenters default of Cloth●ers, the Flesh in Lent in a Victualling house, for taking Partridges, profaning the Sabbath or God's name; and such as offend against the Statute made for the Poor, and against Rogues. The next main thing wherein the duty Numb. 7 of these Officers doth lie, is in making of In making of Rates. Rates. For to this purpose, it is provided, that the Churchwardens and Overseers of the poor, or the greater part of them, with the assent of two Justices of the Peace, may raise weekly or otherwise (by Taxation of every Inhabitant, Parson, Vicar, and other, and of every Occupier of Lands, Houses, Tithes impropriate, or propriation of Tithes, Coal-mines, or saleable Uunderwoods' in the said Parish, in such competent sum and sums of money as they shall think fit) a convenient stock of Flax, Hemp, Wool, Thread, Iron, and other necessary Stuff to set the poor on work: and also competent sums of money, for and towards the necessary relief of the Lame, Impotent, Old, Blind, and such other among them being poor and not able to work: And also for the putting out of the Children of poor persons to be Apprentices: And also for the setting up of houses for the Poor, to be gathered out of the same Parish, according to the ability of the same Parish, and they may do and execute all other things, as well for the disposing of the said Stock, or otherwise concerning the premises as to them shall seem convenient. For the better understanding of which branch of the Statute of 43. Eliz. and discovery of the Law, concerning Rates in general, these things must be known. 1. That when Officers are to make any Rates, they shall do well the first of all to give public notice in the Church, of the time and place when and where they intent to make the same (for this in the case of Church Rates is necessary;) and then if the Parishioners will meet they may, if not, the Officers and those that do meet, may make the Rate. 2. The Rates must not be ext●●ded beyond the Parish, neither may the Overseers Rate other Parishes towards the Rates of the Poor of their Parish. For in Hill. Term. 10. Car. inter Nichols and Walker, was this case in the King's Bench. Totrige was time out of mind, within the Parish and parcel of the Parish of Hatfield, in the County of Hertford; and the Parson of Hatfield, had time out of mind, had all the Tithes out of Totridge, as within the parish of Hatfield, and had always placed Curates there to say Divine service in the Chapel of Totridge; and that for sixty years before Totridge was reputed a parish of itself, and during that time, had parochial Officers; and that of late the Overseers of the poor for the Parish of Hatfield, had taxed the Plaintiff Nichols (being an Inhabitant of Totridge) to pay to the poor of Hatfield, which tax was confirmed by the Justice; and the money being unpaid, the Defendant Walker, being an Overseer by Warrant from the Justices of Peace, distrained the Plaintiffs Goods; and for this taking of his Goods Nichols brought an Action against Walker, and in this case it was adjudged for the Plantif, and Resolved by the Judges, that Totridge being but a Parish in reputation only, should not be liable to the Taxation made by the Overseers of the Poor of Hatfield. 3. Every man must be rated for his Land to all Rates according to the quality and yearly value, and not according to the quantity thereof. And so was the opinion of the Lord Chief Justice, and Baron Denham, at an Assizes at Sarum. 8. Car. 4. He that doth occupy Land in his own hands, lying in several Parishes, must be charged in every Parish for his Land there, only proportionably and no more. 5. The Farmer is to be rated for the Lands he hath in Lease, not the Lessor. 6. The Lord or Lessor shall not be charged for the Rent issuing out of the Land, because the Tenant is chargeable for the whole Land. 7. If there be some other Lands within the Parish that be ancient Demesn, and some that be Guildable, it seems they must be all rated, and so also of Copyhold Lands. 8. Impropriations (by the very Letter of the Statute) are to be rated to the Poor as well as other Lands. And in the rating of them, it seems reasonable, that where they have the Tenth of the whole Parish, they bear the Tenth of the charge of the Rate to the Poor. And so hath it been of late Resolved by the Judges. 9 Saleable Underwoods' (by the express Letter of the Statute are rateable, and by these are intended generally, all Woods for Firewood, albeit they be not cut in thirty or forty years (as the Beech-wood of many Countries is used to be cut) for it seems there is no wood to be exempted from this Rate but Timber-wood only: Also Coal-mines are chargeable to this Rate, and for these things they must be proportioned to a yearly benefit. So that if a man have a hundred Acres of wood within the Parish, it must be considered what would he may sell, and what benefit he may make thereof yearly, to the World's end; and according to the same the Rate must be made: And for Coal-mines it must be considered what benefit a man doth make by them, and according to the same, he must be rated. 10. Parsons, Vicars, and such like persons (as Inhabitants) within the intent of this Statute, are to be rated towards the relief of the Poor as well as other men; and so hath it been Resolved of late by the Judges. 11. Any man that dwelleth within the Parish, albeit he have no Land within the Parish, may be rated towards the relief of the Poor of the Parish. And so hath it been also Resolved by the Judges. 12. In some cases a man may be taxed for his Goods, as well as for his Lands; and in case of a Rate for the Poor, men may be taxed for their visible Estate of goods, viz. their Oxen, Kine, Sheep, etc. as well as for their Lands and not only for those goods that are within the same Parish, where a man doth dwell, but also for those goods which he hath in any other place: for a man shall not be rated for his goods in any place, but in the place where he doth dwell. Nay it is held in this case of Rating for the poor, some respect may be had to men's invisible Estate of money; for the case may be so, that the Raters may know a man within the parish that hath no other Estate, and yet perhaps hath an annuity of one hundred pounds by the year, or hath hundreds of thousands of pounds of money owing to him; and in such a clear and certain case, they may no doubt Rate him according to that value. 13. In some special case a man may be Rated beyond his ability: for if a Parishioner for his own gain, or otherwise, shall bring into the parish, without the consent thereof, a Stranger who is, or is apparently like to be burdensome to the parish, in this case the Parishioners (because they have no other remedy against him) may Rate him, not only according to his ability of Lands and Goods, but according to the Damage he bringeth, or is like to bring to the Parish by his folly: For if any person shall find himself grieved with any such Rate to the Poor, or other such like act done by the Overseers of the Poor, or the Justices of the Peace, he hath no other remedy but to complain to the Justices of the Peace at the Quarter Sessions, where (the case appearing to be as aforesaid) he shall have a little relief. 14. If any man refuse to pay his Rates for the poor, the present or subsequent Overseers of the Poor shall have a Warrant from the Justices of the Peace to levy the same of the party's Goods; And thereupon they may and must sell the party's Goods, and pay themselves their Rate, and give the party the overplus of the money if there be any; and if he have no Goods, then to carry him to Gaol, there to abide until he do pay it. It seems to me, that for relief of the poor that they have not places for in case of necessity, that they may Rate the parish to build a house, and to buy a piece of ground in some of the Parishioners names to set it upon: For it is in their discretion which way to provide. And if they over-rate any man to these ends, they cannot be sued by the party grieved: But if there be any conspiracy in the case, to oppress a man, or he be rated to pay debts, or for alimony, or for any other purpose by these Officers, an Action will lie against them. These Officers, with the Churchwardens, the Parson or Vicar, and the Constables of the place, or the most part of them (where any money is or shall be given, to be continually employed for the binding out, as Apprentices, the poorest sorts of Children) shall within the same places, have the nomination and placing of such Apprentices, and the guiding and employment of such moneys as have been heretofore so given, or which hereafter shall be so given to and for the continual binding forth of such and so many Apprentices; and in such sort as is already or shall hereafter be so given and appointed, either by the last Will or any Writing under the Hand and Seal of the givers of such moneys. And if any of them wilfully forbear or refuse, according to their duties, to employ such moneys, by means whereof, the said money shall not be employed accordingly, than every of them so offending, shall forfeit three pounds for every such offence. And the Master, Mistress or Dame of such Apprentices shall be bound with one or two sufficient Sureties, in double the sum they have received with such Apprentices, to such persons as aforesaid, appointed to dispose the same moneys, to repay the money so received at seven years' end, or within three month's next after the same seven years ended. And if the Apprentice, Master, etc. happen to die within the said seven years, then within one year next after such death. And these Officers and the rest ought to put forth and employ such moneys within three months at the furthest, after the same shall come to their hands. And if there shall not be found fit persons to be bound out Apprentices in the Towns and Parishes where such moneys are or shall be given, to be employed as aforesaid, the poorest Children of any of the Parishes next adjoining may (by the discretion of the said Parson, Vicar, etc.) be bound Apprentices, taking such Bonds as are before mentioned. And choice must be always made of the poorest sort of Children; and that no Apprentice be above fifteen years old when he shall be first bound. And the said Parson, Vicar, etc. are once every year in Easter week, or within a month after Easter day, to be accountable before four, three, or two Justices of the Peace, dwelling in or next the said Towns or Parishes, for all such moneys as they have employed in binding of Apprentices; and of all Bonds and Obligations taken for payment thereof, and of the money remaining in their hands, and are at such account or within ten days after, to deliver to their Successors, or to such as have been in their times or places, all the said Bonds and Obligations, and such moneys as remain in their hands not then employed. They must, being required by the Justices Numb. 8. of Peace, attend them, and with the Churchwardens, In making Presentment. give them an account of these things; what Stocks of money are in their Parish by Rates or otherwise; what Apprentices they have placed; and what they have done in all the rest of their Office. These Officers and the Churchwardens, are to meet monthly in the Church, on Sunday after Evening Prayer (except they be let by Sickness or other cause, to be allowed a good excuse by two Justices of the Peace) to consider of all these things. They are always, within four days after the end of their year, and after other Overseers named and allowed by the Justices, to give up to any two such Justices of the Peace as aforesaid, a true and perfect account. 1. Of all sums of money by them received or rated, and not received. 2. Of all such stock of Ware or Stuff as they or any of their poor have in their hands. 3. What Apprentices they have put out. 4. What poor they have set on work, or relieved. 5. Whether they have suffered any of their poor to wander and beg out of their Town, or in the Highways, or in their Town without their direction. 6. Whether they have not monthly met to consider of these things. 7. Whether they have Assessed the Inhabitants and Occupiers of Lands, etc. in their parish, viz. all such as are of ability, and with indifferency. 8. Whether they have endeavoured to levy and gather such Assessments. 9 Whether they have been any way negligent in their Offices, in executing the Justice's Warrants about any thing touching their Office. And if any Churchwarden or Overseer shall refuse to give up his account as aforesaid, and to pay over the Arrearages due (if any be) upon the same account, unto his Successor, he may be committed to the Gaol by two Justices of the Peace, until he do account and pay over the same money. And if any of these Officers shall offend in any other of the particulars aforesaid, he shall forfeit for every default twenty shillings. All these forfeitures are to go to the use of the poor of the parish, and may be levied as followeth, viz. The money forfeited by the Father, Grandfather, etc. of any poor person taxed by the Justices, towards the maintenance of such poor person that will not pay that Rate, may be levied of the offender's Goods upon a Warrant from two or more Justices of Peace as aforesaid, by sale of the same Goods, rendering to the party the overplus of the money. And if there be no distress to be had, the Justices of Peace may commit the offender to prison, there to remain without Bail, until the forfeiture be paid: The money forfeited by the Churchwardens or Overseers, for not receiving or taking care to convey a Rogue, etc. may be levied upon the offender's Goods, upon a Warrant from two or more Justices of the Peace: The money forfeited by the Churchwardens and Overseers for offending in any of the particulars aforesaid, may be levied by the subsequent Churchwardens and Overseers upon the offender's Goods: Also in the same manner by a Warrant from any two Justices of the Peace: And if there be no such distress to be found, the same Justices may commit the same offenders to Ga●le, until they do pay it. And if any man shall in any wise disturb the Execution of the Statute of 30 Eliz. 4. he shall forfeit five pounds, and be bound to the Good-Behaviour by any two Justices of the Peace. We have done with the Office of these Officers, so far as it concerns the poor; now we come to that wherein their Office lieth about other matters; the which is given them also by certain Acts of Parliament, and lieth in these particulars following. For the better understanding of the Law Numb. 9 herein, these things a●e to be known. Against such a profane the Lords Day. 1. This day is by every one to be sanctified and kept holy, and men must be careful herein to exercise themselves in the duties of Piety and true Religion, publicly and privately: and every one on this day (not having a reasonable excuse) must diligently resort to some public place, where the Service of God is exercised, or must be present at some other place in the practice of some Religious duty, either Prayer, Preaching, Reading, or expounding the Scriptures, or conferring upon the same. 2. None may on this day meet out of their own Parish at any Sports whatsoever; nor may they meet within their own Parish for Bear-baiting, Bull-baiting, Interludes, or other unlawful exercises, under pain to forfeit three shillings four pence for every offence, to be levied by distress and sale of Goods; and for lack of distress to sit three hours in the Stocks. Nor may any one on this day keep, or be present at any wrestlings, Shooting, Bowling, ringing of Bells for pleasure, Masque, Wake, Church-ales, Drinking-games, Sport or Pastime whatsoever, under pain to forfeit five shillings if he be above fourteen years old, and twelve pence by him that hath the Government of him if he be under fourteen year old, to be levied by distress and sale of Goods, or if no distress be to be had, to sit in the Stocks three hours. 3. No Carrier may go with his Horses, Wagoner, ●●rriers. Carter, or Wain-man, may go with his Cart, Wagon, or Wain; or Drover with his on this day, under pain to forfeit twenty shillings for every offence, to be levied by distress and sale of Goods, if he be questioned within six weeks after the offence done. But there shall be but one twenty shillings forfeited for one journey, although he pass through twenty Parishes; and this twenty shillings that Parish shall have where the distress is first taken. 4. No Butcher may Butcher. kill or sell any victuals on this day, under pain to forfeit six shillings eight pence, if it be questioned within six weeks after the offence done, to be levied by distress and sale of goods. 5. None may Cry, show forth, or Tradesmen. put to sale any Wares, Merchandises, Fruit, Herbs, Goods, or Cattles on this day, unless it be an Inn or Victualling-house; and for such as cannot otherwise be provided for, and unless it be the crying and selling of Milk before nine in the Morning, and after four in the Afternoon, from the tenth of September to the tenth of March; and for the rest of the year, before eight in the Morning and after five in the Afternoon, under pain to forfeit the thing so cried or offered to sale. 6. None may on this day Traveller. without good cause, by allowance of one Justice of Peace, travel, under pain to forfeit ten shillings, nor carry any burden, or do any worldly labour, under pain to forfeit five shillings: Both these forfeitures to be levied by distress and sale of goods; and if nondistress be to be had, to sit in the Stocks three hours. 7. None may on this day or the Drinking. Tippling. days of Humiliation, or Thanksgiving, use Dancing, profanely Drinking, or Tippling in any Tavern, Inn, Alehouse or Tobacco-house, nor be there, or grind any Corn at a Mill but upon cause, to be allowed by one Justice of Peace, under pain to forfeit ten shillings a piece; he that is in the Inn, and he that keeps the Inn; the Milard, and he that owes the Corn, to be levied by distress and sale of Goods, and for lack of distress, to be set six hours in the Cage or Stocks. 8. No Traveller, Waggoner, Butcher, Higler, Drover, or their Servants, shall come into their Inn, or lodge on Saturday night after twelve a clock, nor go from thence Monday morning before one of the clock, without necessary cause, to be allowed by one Justice of the Peace, under pain of forfeiture of ten shillings by the Traveller, and to be levied by distress and sale of Goods, and for lack of distress to be set six hours in the Stocks or Cage. 9 None Serving of Process. may execute any Writ, Order or Warrant on this day; days of Humiliation, or Thanksgiving (but in case of Treason, Felony, breach of the Peace, any profaning of the day) under pain to forfeit five pounds, to be levied by distress and sale of Goods, and for want of distress to sit six hours in the Cage or Stock●; and the serving of the Process is void. 10. None (but in case allowed by one Justice, or for God's service) may travel Coaches, Boats. with any Boat, Wherry, Lyter, Barge, Horse, Coach, or Sedan on this day, under pain of forfeiture of ten shillings by him that is carried, and five shillings by him that doth carry, to be levied by distress and sale of Goods, and for lack of distress to sit six hours in the Cage or Stocks. Any one of these Officers, upon their own sight or knowledge of any Offence done, by selling, crying, or offering of Wares to sell on the Lord's day, as before, may seize and secure the Wares and Goods, till Justice may be done against the Offender therein. Also any of these Officers may search for the discovery, finding out, apprehending and punishing of all the Offenders, against any of the Laws aforesaid. And all that this Officer is to do, as it seems by this Law, is only to search; and if he find any thing, to inform the Justice of Peace thereof: for it seems to me he cannot do more without a Warrant from a Justice of Peace. Act. 9 April, one thousand six hundred and fifty. Every one that sweareth, is to forfeit for Numb. 10 the first Offence as followeth. The Lord, Against Sweaters. and all above him in degree, thirty shillings. The Baronet or Knight, twenty shillings. The Esquire ten shillings. The Gentleman six shillings eight pence. Any other man or woman, single or married, three shillings four pence, and for every offence afterwards twice as much: And for the tenth offence, being proved by verdict or confession, he is to be bound with Sureties to the Good-Behavior for three years: and for lack of payment, or giving security to pay it, and distress to levy it, if he be above twelve years old, he is to sit by the Heels in the Stocks three hours for the first offence, and six hours for every offence after; if under Twelve years, he is to be whipped by the Constable, or Master, or Father in his presence: three swear after the Surety, for the Good-behavior given, is a breach of the Bond. Any one of these Offcers may without Warrant apprehended, or cause to be apprehended, and carry or cause to be carried to a Justice of Peace, to the end he may be there punished, any one that doth swear or curse against the Law. Act. 28. June, one thousand six hundred and fifty. Any one of these Officers may also take About superstitious Monuments. down superstitious Monuments and Pictures upon the Ordinance of May, one thousand six hundred forty and four. If a Rogue be tendered and brought to any About Rogues. one of the said Officers, to be conveyed to any place, he is to receive him and look to him, as well as the Constable, or he may forfeit the five pound penalty appointed, by the Statute of 29 Eliz. CHAP. XIII. Of the Supravisors of the Highways, and their Office. THe Supravisors or Surveyors Numb. 1 of the Highways, are What they are, and how they are chosen. Officers yearly chosen by the Constables & Churchwardens of the Parish, to look to the amendment of the Highways within the Parish. For the Constables and Churchwardens of every Parish, must yearly upon the Tuesday or Wednesday in the Easter week, call together some of the Parishioners, and then choose two honest persons of the Parish, to be Orderers and Overseers of the works, for the amendment of the Highways of the Parish leading to Market Towns. But now by the new Ordinance, the choice is to be made the first Tuesday after the twenty fifth of March yearly. And the safe way is to choose them the first, and to choose them or approve them the second day again. The which persons so chosen, shall have power to order the persons and carriages appointed for the work, ac●●●ding to their discretion: And if either of the said persons so chosen and appointed, shall refuse to take on him and execute the said Office, he shall forfeit twenty shillings for this refusal. Stat. 2 & 3 Phil. & Ma. c. 8. 18. Eliz. 9 5 & 13. 29. & 5. For the discovery of the duty of these Officers, Numb 2 and the Law in this point; these things Their Office and Duty. are to be known. 1. That they have to do with no ways, but the public Highways. And so hath it been resolved by the Judges in the Upper Bench: For the Statute is Highways leading to Market Towns. 2. The Constables and the Church wardens of the Parish are at the time of choosing of these Officers, to name and appoint six days, to be before the Nativity of Saint John the Baptist, than next following, set apart for the amending of the Highways; and they are to give notice thereof the next Sunday after in public in the Church: And this being done, these Officers, viz. The Surveyors of the Highways are to see that the same be observed, and that all the Parishioners do their work on the same days in manner as followeth. 3. Every person having a Plough, Land in Tillage, or in Pasture, in the same Parish, or keeping there a Plough or a Daught, shall find and send on every day to the place appointed, one Wain or Cart, provided after the fashion of the Country, with Oxen, etc. fit for the carriage, and with necessary Tools fit for the work, and with two able men; and then and there these men must do such work with their Plough, etc. as they shall be appointed to do by the Surveyors aforesaid, by the space of eight hours on every of the said days, under pain to forfeit for every default ten shillings. And every other Housholder, Cottager, and labourer of the Parish (able to labour, and being no hired Servant by the year) must by himself, or some other able man, be then and there ready to work, and work every one of the said six days by the space of eight hours, as they shall be appointed by the said Surveyors, under pain to forfeit twelve pence for every day they shall make default herein. In the Explication of which Branch, these things are to be known. First, That a Plough land is not of any certain content, but ordinarily so much as one Plough may plough in one year; which in some Countries is more, in some less, according to the heaviness of the soil. Cook. 4. 37. & 9 124. Secondly, That so many Ploughs as men usually have, and use in the Summer about their own business, so many they are to bring with them to this work: So that (for example) if a man with one Plough, and five or six horses, shall plough seven or eightscore Acres of Errable Land, and shall usually go in the Summer with two Carts or Draughts; in this case, it seems he is to come with two Carts or Draughts to this service. And he that occupieth forty or fifty Acres of Land, and keepeth only three Horses, and one Draught or Cart, he is to come with one Draught or Cart. Thirdly, If a man keep only two Horses and a Cart for his own business; In this case it seems, he is to come with his Cart and two Horses, provided with a man or men to manage them. Fourthly, He that hath a Ploughland, and hath no Plough, but doth suffer his Land to lie fresh, yet is to find and send a Plough to this work: And so it was agreed by the Judges in the Upper-Bench. Mich. 21 Jac. F●fthly, A Ploughland may contain House, Meadow, Pasture, and Wood; and therefore, if one have so much of this, as will keep a Plough, and yield Tillage for it, if part of it were Eared up: In this case, it seems, he is bound to send his Plough, or else to pay for the same the penalty appointed by the Statute, for his neglect. Sixthly, He that keepeth a Plough or Draught for carriage albeit he occupieth little or no Land or Pasture, in his own hands; yet such one, it seems, is bound by the Statute to send his Plough to this service. Seventhly, He that doth occupy a Plough Land lying in Tillage or Pasture, in several Parishes, shall be chargeable to the amending of the Highways in the Parish where he dwelleth, as far as any person having a Ploughland in any one Parish is chargeable. Eighthly, Every person keeping in his hands and possession, several or divers Plough-Lands, shall be charged to find in each Town or Parish where the Plough-Lands (being in his occupation) do lie, one Cart, etc. furnished for the reparation of the Highways in the several Parishes where his Land doth lie, as if he were a Parishioner dwelling in the Parish where the Ploughland doth lie. Ninthly, If a man be chargeable but as a Cottager, yet if he be in the Subsidy five pounds in Goods, or forty shillings in Lands; so long as he stands at that Rate, he is to send two able men to the work every one of the six days. 4. If the Surveyors shall think any of the Ploughs or Carts to be needless any of the days, they may spare them, and instead thereof require two able men; the which must come under pain to forfeit twelve pence a man for every default. 5. These Officers must see that the work be done according to the direction of the Statutes; and every man is to see that he doth his part therein. But if the Surveyors themselves shall licence any man to do less than his work, this will excuse him. 6. The Owners of the grounds adjoining to the Highways, are to take care that all the Fences, Hedges, and Ditches, next adjoining on either side of the same, be from time to time Dicked, Scoured, Repaired and kept low; and that all the Trees and Bushes therein be cut down, under pain to lose for every default ten shillings. And if any man hath any Ditch in his own Ground that doth serve to lead away the water out of the Highway, and he doth not scour and keep the same clean, so as to convey away the water; he shall forfeit for every Rood not so scoured 12 d. And if any man that hath a Ditch lying by the Highways side, doth cast the same up into the Highway, and then suffer the same to lie there by the space of six months, to the annoyance of the Highway, he shall forfeit for every Load so cast up, twelve pence. 7. These Officers may, if they see cause for the amendment of the Highways, take and carry away so much of the Rubbish, and smallest broken Stones already digged of any man's Quarry lying within the same Parish, without leave of the owner, as they shall think needful: But they may not without Licence dig in any man's Quarry for new Stones, much less take away any man's Stones already digged. And if there be no such Rubbish to be found in any man's Quarry, within the said Parish, then may they enter into any man's several ground (within the Parish) lying near the place where the ways are decayed, and there, if they see hope of finding Materials fit for reparation thereof, may dig a new Quarry without any leave of the owner of the Grounds; or they may enter upon any man's Ground, and gather the Stones that lie dispersed there: But they may not without leave dig for any new Quarry in the House, Garden, Orchard, or Meadow of any man; nor (albeit it be in other Ground) dig more than one pit, and the same in breadth or length not above ten yards over at the most; and then also they must take care that the same be within one month after filled up again at the charge of the Parish, under pain to forfeit five Marks to the owner of the Ground. And if there be any Spring or Water in the Highway that doth annoy the Highway, they may turn the same out of the Highway into any man's Ditches, according to their discretion. 8. They must within one month after any default is made in any of the particulars aforesaid, present the same to the next Justice of Peace, under pain to forfeit forty shillings for every neglect And this Presentment that Justice of Peace must present to the next Quarter Sessions, under pain of five pounds. 9 If any man offend against the Statute of 2 & 3 Phil. & Mary, (i) If the Constables and Churchwardens shall not make a due election of these Officers, and set down and give notice of the times and days for the Work; or if the Surveyors do not look to, and order the work; or the Parishioners do not wait upon the Work, as aforesaid: In all these Cases, the Offender may be punished by Fine or Amerciament in the Quarter Sessions or Leet, according to the discretion of the Justices of the Peace, or the Steward. And these Fines and Amerciaments are to be levied and employed by the High-Constable, in such sort as is set forth in Chap. 1. of the Constable's Office in the beginning. And if any man offend against the Statute of 5 Eliz. (i) If these Officers, after they have digged in any man's enclosed Ground, shall not fill the Pit again; or if they shall not present the defaults to the next Justice of the Peace as aforesaid; or if any of the Highways shall be unrepaired; or the owners of Grounds shall not cut up the Bushes, and scour their Ditches adjoining to the Highways: In these Cases the Offender may be punished by Fine at the Quarter Sessions, according to the discretion of the Justices of the Peace. And these Fines are to be levied and employed as Fines and Amerciaments levied upon the Transgressor's of the former Statute. And if any man offend against the Statute of 18 Eliz. chap. 9 (i) If any man cast soil into the Highway, and do not remove it within the time aforesaid; or do not scour their Ditches, etc. and cut down their Bushes in their Highways: the forfeitures of these men (being set down in certain by the same Statute) may be levied by these Officers immediately by distress and sale of the Offenders Goods, upon a Warrant sent from the Justices of Assize, Justices of the Peace, or Steward of a Leet, before whom the persons shall be convict. And if they be negligent, and do it not within a year, than the Constables or Churchwardens of the place, may levy the same as money is used to be levied upon an Amerciament in a Leet. But all these Fines and Forfeitures are now by the new Ordinance of Parliament, to go to the new Surveyors, and by them to be laid out about the Highways, Ord. 31. March 1654. 10. If all this labour appointed by the Statutes to be bestowed on the Highways, be not sufficient for the amendment thereof, the Parish must supply it: For the Parishioners of every Parish are to look to their Highways, that they be well repaired and kept at their peril. For an Information or Indictment may be (by the very Common Law preferred for the Keepers of the Liberties of England, etc.) against the Inhabitants of a Parish for not repairing of their Highways; and thereupon they may be fined to the Keepers of the Liberty, etc. And in this case the Fine shall not go to the use of the Highways, as the Forfeitures and Penalties for the breaches of the Statutes shall do. See more for the amendment of the Highways in Sussex, Surrey, and Kent, Stat. 39 Eliz. c. 19 27 Eliz. c. 19 And now as touching the new Ordinance, Of the new Surveyors, upon the new Ordinance, and their Office and Duty. Who must be chosen. made for the repair of Highways, and the new Surveyors Power and Duty therein, and the Law at this day in this point, these things are to be known. 1. That there must be two or more sufficient Householders of every Parish, severally holding Lands of twenty pounds, or more, a year, Numb. 3 or that are worth one hundred pounds in personal Estate, chosen the first Tuesday after the twenty fifth day of March yearly: (And upon this day also it seems now the Surveyors 20 l. forfeit by the Parish, for want of choice. also are to be chosen: And if no such choice be made of these new Officers this day, than the Overseers of the Poor for that present time must be the Surveyors of the Highways also upon this new Law. Also Scavengers (where any are) or (as it seems) they may be made in any Parish as new Officers: And there they are to be Surveyors, & have equal power with the Surveyors by this new Law. And now, at this day, by this we do perceive that there are to be Supravisors for the Highways, upon the former Laws, to oversee all the Work required to be done by them; which is to be continued and performed still. And there are to be new Surveyors, by this new Law, to oversee the Work to be done thereby; and these are distinct Officers one from the other. And if these Officers execute their Offices faithfully but a while, their ways will be so good, that there will be little to do for either of them, for a long time afterwards. The men of the Parish chosen to this Office, What they may and must do. by this new Law, they are to see to these following things. 1. They must take upon Numb. 4. them the Office, and procure themselves, within ten days after their choice, to be sworn before some Justice of Peace, or forfeit ten pounds for their refusal. 2. They must repair and cleanse, and keep repaired and cleansed all the Highways, common Bridges, Watercourses, Streets, and Pavements, belonging to the Parish. And in Cities and Towns corporate, all the Streets and Pavements therein, or the Suburbs thereof of near adjoining to the same. And in other places where Pavements and Streets are, they are to look to them: And they are to reform common Nuisances herein. They are also to prosecute all such as have straightened the Highways by Hedges, Ditches, Walls, or the like, within twenty years past; and such as do not scour and dress their Hedges, Ditches, etc. and such as have any Pavements defective, or suffer any Nuisance by filth or otherwise. 3. They are for this purpose, within ten Twenty shillings forfeit, if neglected. days after they have taken their Oath, to view all the common and public Highways, and Roads where Carts and Carriages usually pass, and consider what is to be done, and what money to be raised to do it. 4. They are, within six days after this view, to give notice in their Parish Church or Chapel; of a time and place of meeting, to be within three days after, to meet to make a Rate to raise money to do it. 5. At that time and place they, with their, or the greater part of their Neighbours present (if they can agree together) if not, by themselves are to make a pound Rate in writing upon all the Occupiers of Houses, Lands, Tithes, Cole-Mines, saleable Woods, Tenements, and Heraditaments within the Parish; and upon all the dead Goods, Commodities, or Stock in Trade, accounting twenty pounds therein, to be equal to twenty shillings a year in Land. And herein they may rate over and above all such men as do suffer any Nuisances in, or do any hurt to the Highways: And so they may rate as oft as they please, so as they do not exceed herein twelve pence in the pound for one year, 6. If these Officers and the rest of the parishioners present, cannot within two days of this meeting agree, than they themselves may make it: And being made, they must get it to be confirmed by the hand of one Justice of the Peace. And being thus made, it is become a perfect Rate, and not to be altered but by the Justices of the Peace in their Quarter Sessions, or by two of the Justices then present at the Quarter Sessions: And this Rate, if every man doth not pay it within seven days after it is made, and after public notice is given for the payment of it, is to be doubled. 7. They are to hire Ploughs and Men, so many as they think fit: And the Men so hired must work, being required, for the wages that any two Justices of the Peace shall set down. 8. They may cause the ditches adjoining to Highways, or serving to lead the water from them, that are undressed or unscoured, to be dressed and scoured. And for any watercourse that doth run into or stand in any Highway to annoy it, they may stop it or turn it into any adjoining Ditch; or they may make new Ditches in convenient places through the grounds adjoining, for the conveyance thereof another way. And they may cut, plash, and keep low all the Trees, Bushes and Hedges standing in Highways, or that are suffered to grow up by them, to keep the strength of the Sun from them. 9 They may dig and take Stones, Gravel, Sand, Cynder, Chalk, or any thing fit for the mending of the Highways in any common ground. And if none be to be found therein, or no such Common there, than they may take it in any private man's Ground, Pasture, or Fallow in or near the Parish. And they may take a convenient way to carry it through any man's ground at seasonable times: but for this way, and for materials taken out of a private man's ground, they are to give to him reasonable satisfaction such as they can agree upon; and if they cannot agree upon it, than such as any one Justice of Peace not interessed in the thing, and indifferently chosen between them shall set down. 10. If the Parish by the Rate of twelve pence in the pound in the whole year, cannot sufficiently amend their Highways, the Surveyors may by the help of the Justices of the Peace get them help from other Parishes, that are under that Value in the whole year, until their whole charge come up to this Rate. And if there be any thing given Charitable uses. towards the Repair of their Highways, which is not employed or misemployed, they are to seek to the Justices of Peace for relief herein. 11. These Officers also may, and so may any Constable or other man within the Parish, take all the Horses, Mares, and Oxen that are in Carts and Wagons loaden, drawn through the Parish, that are over and above five Horses or Mares, or six Oxen and one Horse in one Cart or Wagon. And Supernutrerarie in a Plough. if the Owner do not within seven days after the taking thereof, pay twenty shillings to the Parish wherein they were taken, for every Ox Mare or Horse, over and above the number aforesaid, with the charge laid out about it, and for the keeping of it; then he may sell the same and deduct so much of the money. But the overplus he must give back to the Owner. 12. If all this will not do, to redress the defects By-Laws. of pavements and watercourses, and to make them run freely; and for the removing of filth and other Nuisances in streets, and other by places, the Inhabitants of the Parish may make by-Lawes for a special Rate upon the Parish, and make special Officers, and put penalties upon Offenders, and other things to do it. And these Rates and penalties may be levied by distress and sale of the goods of the party, by warrant from any Justice of the Peace: and these By-lawes they may have confirmed by the Justices of the Peace in their Quarter Sessions. 13. They are to employ and bestow all the Rates, Penalties, Fines and forfeitures, arising by this new Ordinance, or by any other laws touching Highways and Streets; and all Issues to be forfeit for not appearing to any Information or Indictment for not repairing of Highways, or not removing or reforming of Defects or Nuisances in Streets or Highways; and all Fines and Amercements to be set upon any place or person for not repairing Highways, Streets, or Watercourses, to pay for Workmen and Ploughs, and to do other things to be done by this Ordinance. 14. Those Rates and Distress. penalties these Surveyors, or any of them, may levy by distress and sale of goods of the party, by a warrant from any one Justice of the Peace: and for lack of distress or not payment thereof within ten days after demand made or left in writing, under the hands of the Surveyors, or either of them at his house, who is to pay it, the party may, by warrant of the Justice, be committed to Gaol without Bail till he pay double the money to be paid, and the charges of prosecution for the recovery of it. 15. They are within a month of the Account. end of the year in their Office, to give in to the Parish at some meeting, to be by them appointed, a just and perfect Account of all the money by them received, and laid out, in the time of their Office; and they are to pay over the money then remaining in their hands to their Successors. And herein they may deduct the money they have laid out in the prosecution of such as do any Nuisance in the Highway; and upon his neglect or refusal that is a Surveyor, any Justice of Peace may commit him to Gaol without Bail, till he make such Account and payment, and such satisfaction to the Parish for the wrong, as any one Justice of the Peace shall set down. 16. And if any of these Officers, or any other, be sued for any thing done in these things, the Action must be laid in the County where it was done, he may plead to it the general Issue: and if the case appear so, the Jury must fine for the Defendant; and then, or if the Plantif be nonsuit, or discontinue his Action, the Defendant shall have his full costs he hath laid out, to be set down by his own oath, and ten pounds more to make him amends for his vexation, Ordinance of the Lord Protector and his Council, March 31. 1654. CHAP. XIIII. Of the Register of a Parish and his Office. The Register of a Parish What he is, and how he is chosen. is a new Officer chosen by the Parish, and allowed by the Justices of the Peace, for the publication of Contracts of Marriages, and for the taking and keeping of the entries of all the Marriages, Burials and Christen of the Parish. He is to be chosen by the Parish, and approved and sworn by a Justice of Peace, and the same entered upon the Register book of the Parish: And then he is to continue three years in his Office and longer, till another be chosen; unless the Justice of Peace, or Justice of Peace and Parish together, put him out in the mean time. This Officer is to receive a note in writing His Office and Duty. from any one or both of his Parish, or one of his, and one of some other Parish, that intent Marriage, of their Names, Surnames, Additions, and places of abode, of the parties to be married, and of their Parents, Guardians, and Overseers. 2. This he is to publish, or cause to be published three several Lords days then next following, at the close of the morning exercise, in the Church or Chapel; or, if the parties to be married desire it, in the Marketplace next thereunto, on three Market days, in three several weeks next following, between the hours of eleven and two of the Clock. 3. Upon request of the parties concerned, he is to make a true Certificate of the due performance hereof. 4. If any exception be made against the same intended marriage, he must insert the same, with the name of the person making the exception, and his place of abode in the Certificate of publication. 5. It were very convenient for him to be present at the Marriage; for he is to attend the Justice of Peace to subscribe the entire of the Marriage. 6. He is to call for, receive, and keep the old Church-Book; and to call for, of the Parish, a new Register parchment Book, which the Parish must provide, and he must keep; And therein he is fairly to enter in writing all the publication of Marriages, Marriages, Births of Children, and Burials of all sorts of persons, and the names of every of them, and the days of the month and year of publications, Marriages, births, and Burials, and the Parents, Guardians, or Overseers names. And for this his Fees are as followeth: For the publication and Certificate of a Marriage twelve pence; and for the entry of the Marriage, twelve pence: And for the entry of the Birth of a Child four pence; And for the entire of the death of any man four pence. And for all this, for poor People that live upon Alms, nothing: But by the Ordinance of 3. Jan. 1644. it was ordained, That such a Book should be provided by every Parish, and kept by the Minister and other Officers of the Church; and that therein the names of all Children and their Parents, the time of their Birth and Baptism; and of all persons Married, and the time of all Buried, and the time of their Birth and Burial be written and set down by the Minister there. And that the same Book shall be showed forth by such as keep it, to all persons reasonably desiring to search for any such thing, or take a Copy, or procure a Certificate thereof. So that now by this the Minister must take care of this also; for this power is not taken from him by the new Law, being in the affirmative: Therefore he and the Register must do it together, or else he must be made Register; and this is the best way. CHAP. XV. Of a Parish-Clerk, and his Office. THe Parish Clerk is a Lay Officer of a Parish, chosen according to the Custom of the place, to attend upon the Minister and Churchwardens, about holy things. This Officer may be a Lay man, and is to be chosen according to the Custom of the place; if usually the Parish have chosen him, so he must be chosen; and that election will stand, and no Canon of the Church, when Canons were in force, could have altered it: And therefore in this Case if the Parish, according to Custom, had chosen one man; and Minister of the Parish, and the Bishop, or Chancellor of the Diocese had chosen another, according to the Canon, the Clerk chosen by the Parish should have stood; And the ordinary might not have deprived him. Jac. Co. B. Candict and Plom case hugh's Rep. 163. Nor can the Parson of a Parish put a Clerk so chosen out of his place without cause, or interrupt him; he may have an Action against him, as another man that is interrupted in any Lay Office, March. Rep. 101. pl. 174. His Office lieth only in and about these things; To set the Bread and Wine and Cups decently upon the Communion Table, to provide water for Baptising, make and keep clean the Church, put the Bible and C for the Minister, begin the Psalm, ring the Bell or Bells, and such like things. See the same case. If any of the Parishioners withhold his wages, His wages. he may be relieved herein by any two Justices of Peace, who may by Warrant require payment thereof: And these two Justices may, by Warrant, under their Hands and Seals, order the Parishioners to pay it: And if they refuse, as it seems, send their Warrant to levy it by distress and sale of Goods, and for lack hereof, send the party to Gaol till he pay it. But without Question the two Justices may bind the Parishioners over to the Quarter Sessions one year; if the Parishioner refuse to obey their Order, the Sessions may bind them to the Good-Behaviour; or upon Indictment for their contempt, fine and imprison them, Ordin. 9 Feb. 1647. CHAP. XVI. Of a Hayward of a Parish or Manor, and his Office. THe Haward or Hayward of a What. Parish is an Officer of a Parish chosen and sworn in a Leet, for the Town, to be the common Herd of the Town, Kytch. 46. The Law taketh not His Office. much notice of this Officer, but it is said, He is to keep the Hedges of the enclosed Grounds of the Parish, so that they be not cropped nor broken down, and the Grass of the Parish from the destruction of , so that Hay be made thereof: That he is to execute such Process of the Lords Court, as do come from the Lord or his Steward of his Court there. That he is to present all Pound breaches made there, and all Wayffs and Estrays that shall come there. But if he do not so, we know no Law to enforce him to it, nor to punish him for neglect of it. But the best use that we know is, or can be made of him is, to look to the common Fields and Commons of the Parish; and to do his best to prevent and to restrain Trespasses and spoil. But herein he can do nothing more than any other Servant, nor otherwise then as a Servant to the parties trespassed, and by authority or allowance from them. CHAP. XVII. Of the Bailiff or Reeve of a Manor, and his Office. THe Bailiff or Reeve of a Manor What he is. is an Officer of a Manor chosen by the Lord of a Manor, to dispose of his Affairs concerning the Manor. Of this Officer the Law doth take some more notice. And his Office is said to lie in these things. 1. He is to collect the Lords Rents, Fines, His Office. Haryots, Amercements, and other profits happening within the Manor, as they grow due. 2. He may seize or distrain for them, Ex Officio, where seizure and distress is justifiable, as Bailiff, without any special command of the Lord. 3. He may also pay any Rent due, out of the Manor, to any other person. 4. It said said, He may also order his Master's Husbandry, distrain Beasts, damage pheasant, repair any houses, hays, or pales, and for that purpose cut down any Timber or Trees. That he may take any for his Master to compassed his ground as an Agistment. That he may cut down Underwoods' that have been used to be cut, and do any other such like thing for the bettering and improving of his Master's Land and Manor. But it is not safe for a Bailiff (as we conceive) to take too much herein upon him without some special authority from the Lord; nor very safe for others to join with him herein, unless they be sure of his authority, or he hath been long Bailiff there, and hath been used always to do such things as Bailiff. But it is agreed of all sides, That if he build any new house, or set up any old house that is fallen, or make any new additions or alterations, as tile the house which before was thatched, or pale it where before it was hedged, or the like, without a special command from the Lord so to do, he will be a Trespassor to the Lord by it. 5. These also are to oversee and order the labours of other Laborers and Servants that are under them, about their Master's work. 6. And lastly, They are to give account to their Lords, of all their Receipts and disbursments, and pay into them the money remaining in their hands, being required. And if they refuse, the Lord may compel them hereunto by an especial Action of Account given to him for his relief in the Case, Broo. Bailiff 31. 8 Ed. 4. 13. CHAP. XVIII. Of such Watchmen as keep watch and ward. THe Office and Power of a The Power and Duty of them. Watchman and Wardsman lieth in these things. 1. They are, being required by the Constable, to watch and ward from Ascension till Michaelmas; the Watchmen from Sun set to Sun rising; and the Wardsmen from Sun rising to Sun set. 2. These Officers are to pose all men, and to arrest and secure all Rogues and suspicious persons, and if it be in the night, to keep them till the morning, and then bring them to a Justice of Peace to be examined; or if they will, they may deliver them to the Constable, who must take care of them. And if any resist them and break away they may send Hue and Cry after them. CHAP. XIX. Of the Minister of a Parish. THe Minister of a Parish his His Office and Duty. Office about civil matters, lieth in these things only. 1. He must keep a Register Book 2. He must herein enter a Testimonial, or Pass, of all the Rogues that are taken up and whipped in the Parish. 3. He must herein enter all the Licences he gives to sick persons, to eat flesh in lent. 4. He must also enter therein all Testimonials of Servants, departing from their Masters. CHAP. XX. Of Owners and Rulers of Fairs and Markets, and their Deputies. THe Office of Rulers, and Their Office and Duty. Owners of Fairs and Markets lieth in these things. 1. they must appoint one certain open place in the Fair or Market, for sale of Horses, Geldings Mares and Colts, and one sufficient person to take toll, and keep the place. 2. This Deputy or person so appointed, must take Toll there from ten a clock to Sunset, upon the Market or Fair day. 3. And he may take Toll after or before or in another place. 4. when any Contract is made about the sale of any horse, the parties contracting, and the horse about which the Contract is made, must be present. 5. He must have and keep a Book to enter all Contracts of Horses. 6. He must there enter and write down the names of the Persons contracting, the place of their dwellings, and colour, or some other special mark of the horse. 7. If he know the Seller himself, he may enter it as upon his knowledge, the name of the Seller and place of his dwelling, mystery, price, and otherwise he must take the same knowledge from some one credible person that will testify it; and then he must enter also in the Book the Names, Mystery, and place of dwelling of the Testifier. 8. He must give a note of this entry out of his Book to the Buyer, so he will pay him twopences for it. 9 This Clerk or Register is, within a day after the Fair or Market, to bring his Book to the Governor or Master of the Fair. 10. This Governor is then to cause a Note to be made of all the Horses sold, and to subscribe his name or mark to it. Stat. 31 Eliz. 21. 2 and 3 Ph. and M. 7. FINIS. THE TABLE. A Account. Where Constables and such like Officers are bound to Account, chap. 7. numb. 20. sect. 1. chap. 11. numb. 8. Adultery, see Bawdry. Affrays. What Constables and others may and aught to do, to prevent and allay an Affray, chap. 7. sect. 1. numb. 5, 6, 7. sect. 2. numb. 1, 5, 6. Aid. What Aid Constables may require of other men in the execution of their Offices; and what aid such men are bound to yield them, chap. 7. sect. 1. numb. 9 sect. 2. numb. 4, 6, 10. Allowances, see Account. Arrest. What Arrest is, and where it is lawful, chap. 7. numb. 6, 11, 18. sect. 2. numb. 3, 4, 8, 12, 13, 15, 16. B Bailiff or Reeve of a Manor. How be is made, and his Office, chap. 17. Bawdry. How it is to be punished, chap. 7. sect. 2. numb. 1, 5. C Churchwardens. How made, chap. 11. numb. 1. Their Office and Duty, chap. 11. numb. 1, 2, 3, etc. Clerk or Sexton of a Parish. How made, chap. 15. His Office, chap. 16. Constables. What these Officers are; and who may be chosen thereunto; and how; and their Oath, chap. 1. sect. 2. chap. 7. sect. 1, 2. Their Office and Duty about the Peace, and in case of Affrays, chap. 7. sect. 1. numb. 5, 6, 7. sect. 2. numb. 1, 5, 6. About Felons, chap. 7. sect. 1. numb. 6. sect. 2. numb. 1, 2, 8, 9 About Adulterers, chap. 7. sect. 2. numb. 1. About them that threaten Murder, chap. 7. sect. 2. numb. 5. Or Attempt to Rob, chap. 7. sect. 2. numb. 13. About Nightwalkers, chap. 7. sect. 1. numb. 6. sect. 2. numb. 2. About them that make Insurrections, Riots, chap. 7. sect. 2. numb. 4. About an Innkeeper refusing to receive a Traveller, chap. 7. sect. 9 About Swearers, chap. 7. sect. 4. About Purveyors, chap. 7. sect. 11. About the Profaners of the Lords day, chap. 7. sect. 3. About Cloathiers, chap. 7. sect. 16. sect. 9 About Alehouse-keepers, Drunkards, etc. chap. 7. sect. 9 About him that doth disturb a Minister in preaching, chap. 7. sect. 10. numb 4 About Stageplays, chap. 7. sect. 10. numb. 2. About a Rogue, chap. 7. sect. 6. About Hue and Cry, chap. 7. sect. 2. numb. 10. 13. About Servants departing out of their Master's service without a Testimonial, chap. 7. sect. 10. numb. 5. About Maypoles, chap. 7. sect. 10. numb. 1. About Recusants, chap. 7. sect. 11. About Maltsters, chap. 7. sect. 10. numb. 10. About them that dress meat in Lent, chap. 7. sect. 11. About Hedg-breakers, chap. 7. sect. 10. numb. 9 About Laborers that will not work, chap. 7 sect. 10. numb. 3. About suspicious persons, chap. 7. sect. 1. numb. 1, 8, 9, 14, 15. sect. 2. sect. 6. numb. 4. About Watch and Ward, chap. 7. sect. 2. numb. 2. About Rates, chap. 7. sect. 8. chap. 8. sect. 2. About an Abjured person, chap. 7. sect. 11. About Takers of Pheasants, chap. 7. sect. 11. About Highways, chap. 7. sect. 10. numb. 7. chap. 8. sect. 3. About them that have the Plague, chap. 7. sect. 10. numb. 8. About taking Fish, chap. 7. sect. 11. About a Presentment, chap. 7. sect. 12. About carrying a Prisoner to Gaol, chap. 7. sect. 2. numb. 5, 6, 7, 10, 13, 15. sect. 6. numb. 8. About the receiving and paying of money, chap. 7. sect. 8. About the petit Sessions, chap. 7. sect. 7. numb. 4. About the Executions of Precepts from others, chap. 7. sect. 1. numb. 17. sect. 2. numb. 14. Where they may justify the breaking of a House, chap. 7. sect. 1. numb. 10. sect. 2. numb. 10. Arrest a man out of their Precinct, chap. 7. sect. 1. numb. 11. sect. 2. numb. 6. chap. 1. sect. 6. Where they may beat, wound, or kill a man, chap. 7. sect. 1. numb. 14. sect. 2. numb. 6, 5, 11, 15. Where they may Arrest the body of a man, chap. 7. sect. 1. numb. 6. 11. 18. sect. 2. numb. 12. Where, and how they may search, chap. 7 sect. 2. numb. 9, 11, 14, 15. sect. 1. numb. 6, 11, 18. Where they may imprison a man, chap. 7. sect. 1. numb. 14. Where they may seize Goods, chap. 7. sect. 2. numb. 11. sect. 3. sect. 2. numb. 4. chap. 1. sect. 4, 5, 6. Where they may Fetter or Pinion a man, or put him in the Stocks, chap. 7. sect. 1. numb. 11, 12, 13. Where they may let a Prisoner go, chap. 7. sect. 2. numb. 10. What Account they must make, chap. 7. sect. 1. numb. 19, 20, 21. The Office of constables of Towns, chap. 10. The Office of High-Constables, chap. 9 Correction House, see Governor. Custom. What Custom or Prescription is good in choice of Officers, chap. 7. sect. 2. F Fairs and Markets. The Owners and Rulers of Fairs and Markets, and their Office, chap. 20. G Gaol, see Keeper. Governor of the House of Correction. What he is: His Office and Duty, chap. 5. H Hayward. How he is made: His Office, chap. 16. K Keeper of the Gaol. His Office and Duty, chap. 6. M Ministers. The Minister's Office about Civil things, chap. 19 O Officers. Of Officers in general, chap. 1. Overseers of the Poor. What they are, and how made, chap. 12. R Register of a Parish. How he is made: His Office and Duty, chap. 14. S Supravisors or Surveyors of the Highways. How they are made: And their Office, and Duty, chap. 13. T Treasurers of the County Stock. For maimed Soldiers, Widows, and Children, chap. 2. For relief of Prisoners in the King's Bench and marshalsea. For the Prisoners in the Gaol. W watchmans. Their Office and Duty, chap. 18. FINIS.