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