The duty and office of high-constables of hundreds, petty-constables, tythingmen, and such inferior ministers of the peace with the several duties and offices of churchwardens, overseers, and collectors for the poor, of surveyors for amending the higheways, and distributors of the provision for the destruction of noysom fowl and vermin / first collected by William Lambard, in the reign of Q. Elizabeth ; and now enlarged with many useful additions according to the succeeding statutes by R. Turner ...

THE DUTY OF CONSTABLES, &c.

CHAP. I. Of the Original, Office, and Jurisdiction of High-Constables, Petty-Constables, Headboroughs, Borsholders, and Tythingmen.

THE Saxon Christian King Alfred, King of England, for the more peaceable Government and ease of his Subjects, divided this whole Realm of England first into Shires; then caused those Shires to be subdivided into Hundreds, Rapes, Ridings, Wapentakes; and divided these also into Tythings, Leets

or Boroughs, and in all these Divisions were appointed Officers for the better preserva∣tion of the Peace, such are High-Constables, Petty-Constables, Headboroughs, Borshold∣ers and Tythingmen; the office of all these latter is one and the same, only different in Title, according to the custome of the Coun∣trey; in Middlesex, besides the High-Constables of the Hundreds, they have Petty-Constables and Headboroughs in the respective Parishes, and they are in num∣ber more or less, according to the greatness or smalness of the Parish; in Kent these petty Officers of the Parishes are called Borshold∣ers; but in Hampshire and all the Western parts Tythingmen, and their divisions of Parishes Tythings; in Sussex the Hundreds are called Rapes; and in the North, Ridings and Wapentakes.

There was antiently in England a great Officer called the High Constable of Eng∣land, and he kept an Office (which is sup∣posed to come hither with William the Con∣queror out of Normandy) or Court, called the Constables Court, or the Court of the High-Constable, wherein he had authority to hear and determine Contracts touching deeds of Armes out of the Realm, and to determine all things concerning War within

the Realm; as Combats, Blazon, Armo∣ry, &c. but not to deal with Battel in ap∣peals, that belonging to the Common Law of the Land.

Amongst the rest of the Conquerours Laws this is one, That if a French-man do appeal an English-man of Perjury or Murder, the French-man may defend himself by Battail, which in English was then called Earnest, which word we yet retain; and the Officer to see this performed was the High-Con∣stable: but this Officer, Court and practice is long since dissolved.

The Etymologie of this word Constable proceeds from the old word Conning or Cyng, and Staple or Stable; the word Conning or Cyng, signifies a King, and Stable, a Stay or Prop; which is as much as to say, the stay or prop of the King; that great Officer the Constable of England, ha∣ving that Title given by reason of the great Authority that he had, was a principal Prop of Stay unto the Kings government; from whence is this Title and Office of this Lower Constableship derived and continued, (though with lesser Authority, unto this hour) and is a branch of that Original.

By the Statute of Winchester, made in the time of King Edward the First, these Con∣stables

of Hundreds were appointed to keep Watching and Warding, for the better keeping of the Peace, and prevention of Thieveries and Robberies, and apprehen∣sions of Felons and Rogues, &c. and that the High-Constables in every Hundred and Franchise, should take the view of Ar∣mour, &c.

Hereby it appears, that the name of a Constable in an Hundred or Franchise, is an Officer to assist and support the Kings Ma∣jesty in the maintenance and preservation of his Peace within his Hundred or Franchise, and he is called the High-Constable, in re∣spect of the Constables or Petty-Constables, and Headboroughs or Tythingmen, which be in the respective Towns, Villages, Pa∣rishes, or Precincts within his Hundred or Franchise under his Jurisdiction; and it is also the part and duty of these inferior Offi∣cers, to execute the High-Constables office in his absence, in maintaining and keeping the peace in their several Tythings and Li∣mits, and in the High-Constables presence, to be aiding and assisting unto him.

The High-Constables of every Hundred or Rape, or Riding, are chosen by the Ju∣stices in each County, most usually at their general Quarter Sessions, or in their several

divisions; from the Justices they receive their Authority, and are by them again dis∣charged of their office as they shall see cause. At the entrance into their office they take an Oath, the usual form whereof fol∣loweth.

The High-Constables Oath.

YOu shall swear, That you shall well and truly serve our Sovereign Lord the King in the office of a Constable; you shall see and cause his Majesties peace to be well and truly kept and preserved according to your power; you shall arrest all such persons as in your sight and presence shall ride or go Armed of∣fensively, or shall commit or make any Riot, Affray, or other breach of his Majesties peace: you shall do your best eudeavor (upon complaint to you made) to apprehend all Fe∣lons, Barretors, and Rioters, or persons Rio∣tously assembled; and if any such Offendors shall make resistance (with force,) you shall levy Hue and Cry, and shall pursue them until they be taken; you shall do your best endeavour, that the Watch in and about your Hundred be duly kept, for the apprehending of Rogues, Vagabonds, Nightwalkers, Eves∣droppers, Scouts, and other suspected persons,

and of such as go Armed, and the like; and that Hue and Cry be duly raised and pur∣sued according to the Statute of Winchester, against Murderers, Thieves, and other Fe∣lons; and that the Statutes made for the pu∣nishment of Rogues and Vagabonds, and such other idle persons as come within your bounds and limits 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 Game is or shall be used; as also to such as shall frequent or use such places, or shall use or exercise any unlawful Games there or elsewhere, contrary to the Statutes. At your Assizes, Sessions of the peace, or Leet, you shall present all and every the offences done contrary to the Sta∣tutes made (1 Jacobi, 4 Jacobi, & 21 Jacobi regis,) to restrain the inordinate haunting and tippling in Innes, Alehouses, and other Victualling houses, and for repressing of Drunkenness; you shall there likewise true Presentment make of all Bloud sheddings, Affrayes, Outcryes, Rescous, and other offences committed or done against the Kings Majesties peace within your Limits: you shall once every year during your office Pre∣sent at the Quarter Sessions all Popish Re∣cusants within your Liberty, and their

Children above 9. and their Servants, (sc. their Monthly absence from the Church) 3 Jac. 4. you shall well and duly execute all Precepts and Warrants to you directed, from the Justices of the peace of this County, or higher Officers; you shall be ayding to your Neighbours against unlawful Purveyances: in time of Hay or Cora harvest, upon request, you shall cause all persons meet to Serve by the day for the Mowing, Reaping or getting in of Corn or Hay; you shall in Easter-week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty; and you shall well and duly according to your knowledge, power and ability, do and execute all other things be∣longing to the office of a Constable, so long as you continue in the said Office.

So help you God.

In this Oath is briefly comprehended the whole Duty of a Constable, and the principal matters of his Office at large.

I shall now set forth every particular branch of the Constables office, and of the Tythingmen, Headboroughs, Borsholders; their Duties are the same in effect, and their Authority: yet the latter are inferiours to the former.

The Form of the Petty-Constable or Tything-mans, &c. Oath is thus.

YOu shall Swear, That you shall well and truly Execute the Office of a Tything∣man of the Tything of H. (or Headbo∣rough, &c.) His Majesties Peace in your own person you shall keep, and see it kept in all others, as much as in you lyeth. In the presence of the High-Constable you shall be ayding and assisting unto him, and in his ab∣sence you shall execute his Office, and do all other thing; belonging to your Office, accord∣ing to your knowledge and power, until another be chosen in your room, or you be legally dis∣charged thereof.

So help you God.

There are in several Counties of this Realm other Officers; that is, by other Ti∣tles, but not much inferiour to our Consta∣bles, as in Warwickshire a Thirdborough, and in other places a Boroughead, in others a Chief-pledge.

The Authority of these (as I said) is much like that of the Constables, but yet the Office of the Constable is distinct, and of greater authority and respect than these.

Lambert, pag. 51. &c. Duty of Consta∣bles, saith, that these Tythingmen, Borshold∣ers, &c. cannot meddle in a Town or Pa∣rish where a Constable is, because (in com∣parison of them) the Constables be Head∣offiers, and that the Tythingmen, &c. are but Assistants, where the Constable is pre∣sent; but in his absence they are to perform the service, and that there are many things which a Constable may do, wherewith the Tythingman and the rest cannot meddle at all.

1 Jac. cap. 7. Lambert, Off. del Const. 4, 6, 9. In Towns where there be no Con∣stables, and that the only Officers for the Peace there be, Headboroughs, Thirdbo∣roughs, Borsholders, or such other, and in such cases where their power and authority is declared to be equal with the Constable; in all such things their office is all one in a manner, and divers Statutes do appoint Offendors to be punished by the Constable or other inferior officers, which much needs be the Tythingmen, &c.

12 H. 7. f. 8. The High-Constables of Hundreds are Conservators of the Peace within their several Hundreds and Franchises at the Common Law.

Brook. Peace, 13. Fitz. 127. All petty

Constables by virtue of their office within their several Liberties of their several Towns are Conservators of the Peace at the Com∣mon Law.

Crompton, 6.222. 12 H. 7. f. 18. These Petty-Constables may do what they can to keep the Peace, and Ex Officio, they may cause such as in their presence are about to make an Affray, to find Sureties to keep the peace, and that as well before the affray as after.

3 H. 4.9, 10. If a man Assault another in the Constables presence, or in his presence shall threaten to kill or beat another, or shall be ready to break the peace, the Con∣stables or Tythingmen may in such cases commit the offendors to the Stocks, or other safe custody, and after carry them before a Justice of the peace, or to Gaol until they find security for the Peace; which Surety the Constables themselves may take to the use of the King.

Term, Trin. 35 El. r. 1458. Karret ver∣sus Haumer. The Plaintiff brought an Action of False imprisonment against the Defendant for arresting and imprisoning him, &c. the Defendant pleaded that he was High-Constable of the Hundred of, &c. in the Couuty of S. and that the Plaintiff

made an assault in the said Hundred upon one H. W. who presently came to the Defen∣dant and told him thereof, and swore he was in fear of his life of the other; whereupon the Defendant came to the Plaintiff and arrested and imprisoned him, until he had found suf∣ficient security for the peace; to this the Plaintiff demurred, and it was adjudged that the Defendants plea was insufficient, 1. be∣cause he was not present at the Assault and Affray made; 2. for that he was High-Constable of the Hundred, and not Consta∣ble of the Town.

Anderson Chief Justice held (in this case) that Constables were conservators of the peace at the Common Law, and still are so, and that they ought to preserve the peace as much as in them lyeth; but that was by parting them who he should see breaking of the peace, and carrying them before a Ju∣stice to find sureties to keep the peace, but not to take sureties himself; and if the Con∣stable could take sureties, what surety should it be? for he (being no Officer of Record) cannot take Recognizance nor Bayl. But Walmesley, Owen, and Beaumont, three other Judges, held that a Constable might take Sureties by an obligation, according to the Book of 10 Edw. 4. and that the peace was

so preserved by the Constables before Ju∣stices of peace were; and that the Sta∣tute which ordained Justices, did not take away the authority of the Constables.

Bacon, Use of the Law, 5, 6. In antient time High-Constables of Hundreds, and Petty-Constables in every Town were yearly appointed by the Sheriff in his Turn, and were there sworn.

Direct. Judges, 29. Constables lawfully chosen, if they shall refuse to be sworn, the Justices of the peace may bind them over to the Assizes or Sessions of the Peace, and for such his contempt he is there to be In∣dicted, fined and imprisoned.

Coke 8.43. Every person that is chosen to be a Constable, ought to be idoneus homo, a man apt and fit for the Execution of the said Office: And to be idoneus homo the Law requireth in him three qualifications, viz.

1. Honesty; to Execute his Office truly, without malice, affection, or partiality.

2. Knowledge; to understand his Duty, what he ought to do.

3. Ability; as well in Estate as in Body, that so he may attend, and execute his Office diligently, and not neglect the same, through want or impotency.

For such as are chosen out of the meaner

sort, are either ignorant what to do, or stand in awe of the greater; so that they dare not do what they ought, or else are not able to spare time; Therefore they ought to be chosen out of the better sort of Parishioners, and not either by the House, or other Cu∣stome.

If a man be chosen Constable, not able and qualified as aforesaid, he may be dis∣charged of his said Office by Law, and ano∣ther fit man appointed in his place.

Co. 8.42. If Leets choose unable or unfit Petty-Constables, it is cause of forfeiture of the Leet, and such choice is void.

14 Car. 2. cap. 12. Two Justices of the peace may appoint, and swear new Con∣stables, Headboroughs, &c. in case of death or removal of such Officers out of the parish; And, if in default of holding Court-Leets they continue above the year, they may be discharged at the Sessions, and others put in.

Idem Stat. Constables, Headboroughs and Tythingmen which are out of purse for their charges, they may with the Churchwar∣dens and Overseers of the poor and other officers of the Parish, make Rates upon all occupiers of Lands and inhabitants, and all others chargeable to the Poor, by the Stat. 42 El. which being confirmed under the

Hands and Seals of two Justices of the peace, may by their Warrants be levied by distress and sale of the Goods of such as refuse to pay the same.

CHAP. II. The duty of Constables and Headbe∣roughs, &c. in Executing of War∣rants directed to them from the Ju∣stices of the peace, &c.

THe Constable or other sworn Officer to whom any Warrant shall be directed and delivered, ought with all speed and se∣crecy, to seek and find out the party, and then to Execute his said Warrant.

Br. Faux, impris. 23. A known sworn Officer (be he Sheriff, Undersheriff, Bayliff, or Constable, &c.) needs not to shew his Warrant to a man when he comes to serve it upon him, though he demandeth it; but if the Justice will direct his Warrant to his servant, or to another (who is no sworn Offi∣cer) to serve it, they must shew their War∣rant to the party if he demand it, or other∣wise

the party may make resistance, and needs not to obey it.

Co. 6.54. & 9.68. A sworn and known Officer, if he will not shew his Warrant, yet he ought to declare to the party the Con∣tents thereof upon serving it.

Co. 9.69. An Officer giveth sufficient notice what he is when he saith to the party, I Arrest you in the Kings name, &c. and in such case the party at his peril ought to obey him, though he knoweth him not to be an Officer; and if he have no lawful Warrant the party grieved may have his Action of False imprisonment against him.

Dyer, 244. Stat. 43. El. cap. 6. If a Constable or other officer do Arrest a man for the Peace, or the like, before he hath any Warrant, and then afterwards doth procure a Warrant (or a Warrant cometh after to him) to Arrest the party for the same cause, the first arrest was unlawful, and the Offi∣cer is lyable to an Action of False Imprison∣ment.

10 E. 4. fol. 12. Br. False Impris. 38. Where a Warrant is granted against I. H. the son of T. H. and the Officer thereupon arresteth I. H. the son of W. H. although in truth he be the same person that offended, and against whom the complaint was made,

yet this Arrest is wrongful, and the Officer is subject to an Action of False Imprison∣ment.

Cromp. 214. a. & 148. Crooke 144.53. If a Constable, or any other person hath ar∣rested a man by virtue of his Warrant, which he hath from a Justice of the peace, and then taketh his word that he will come to him again, at another time, to go with him to the Justice according to his Warrant, (and so letteth the party go) who comes not again at the time appointed, it seems the Officer cannot afterwards arrest or take him again by force of his former warrant, because this was done by the consent of the Officer; But if the party arrested had escaped (of his own wrong) without the consent of the Of∣ficer, the Officer may take him again and again upon fresh suit, so often as he escapeth, although he be out of view, or that he fly into another Town or County.

When an Officer hath received a warrant, he is bound to observe and pursue the effect of his Warrant in every behalf and particular; or otherwise his warrant will not excuse him of that which he hath done.

21 H. 7.39. If a Constable or other of∣ficer having a lawful warrant to Arrest ano∣ther, and he shall be resisted or assaulted by

the party, or by any other person, then may that Officer justifie the beating or hurting of such persons, and others (upon his request) may, and ought to aid him.

14 H. 8.16. Br. Faux Imp. 8. Lamb. 67.94. Co. 10.76. Cromp. 74. If a Ju∣stice of peace shall issue out any Warrant for a matter wherein he hath Jurisdiction, although it be beyond his Authority, yet it is not disputable by the Constable or other such officer, but must be obeyed and exe∣cuted by the Constable or other officer to whom it is brought: As if a Justice of peace shall send forth his Warrant to arrest one for the peace or good behaviour, without cause, the officer that serves this warrant shall not be punished for the executing thereof; but if a Justice of peace shall make his warrant to do a thing out of his jurisdiction, or in a cause wherein the Justice of peace is no Judge, if the Officer shall serve such a War∣rant, here he is punishable; for the Officer is not bound to obey him who is not Judge of the Cause, no more than a mere stranger, for the Officer is bound to take notice of the authority and jurisdiction of the Judge.

But if any Justice sends his warrant to a Constable or any other officer to bring him to answer all such matters as shall be

objected against him, and doth not specifie the cause in his Warrant wherefore he issued forth the same, this Warrant is unlawful, and the Officer is liable to an Action of False imprisonment, if he executes it.

So, if a Justice of peace send a Warrant to take one for Cozenage, to take and bring to a Justice or to Gaol, one that another doth suspect for Felony, where the matter is small, or the suspition slight, or to license a petty Chapman to sell from house to house, to send a poor body to a place otherwise than the Law directs, &c. such kind of Warrants are not warrantable.

Cook, Iustit. part 4. tit. De frangent. Prison'. All Warrants not specifying the Cause, are utterly against Law.

Except for Treason, or Warrants from the Council, Secretaries of State, or Lord Chief Justice; these need not set forth the Cause for reasons of State.

Cromp. 149. If any man shall contemn or abuse the Justice of peace his Warrant, as by casting it into the dirt, or treading it un∣der his feet, &c. such offendor may be bound to his good behavior for it, and be Indicted and Fined; it being a contempt against the Kings process.

CHAP. III. Articles which the High-Constables are to return unto the Justices at their Sessions or monthly meetings of their Divisions, and to cause their Petty-Constables, Headboroughs, and Ty∣thingmen in their several Liberties to make Return thereof unto them.

1. THey are to return the Names, Sir∣names, additions of names and qualities of all Popish Recusants (as well house-keepers as lodgers) dwelling or resi∣ding in any of their said Parishes, Liberties, or Precincts.

2. Such persons as shall continue drink∣ing or tipling in any Innes or Ale-houses at any time, and more especially upon the Lords day, or Holidayes, and such persons as they shall find drunk, and all such Inn-keepers and Alehouse-keepers as shall entertain them.

3. Item, The names of such as shall pro∣phanely Swear or Curse, with the number of their Oaths, immediately after the com∣mitting

such offence, inform the next Justice thereof.

4. Item, They are to Return such Vi∣ctualers or Alehouse-keepers as use victu∣aling or selling of Beer and Ale without License.

5. Item, Such persons as suffer any un∣lawful Games to be suffered in their houses, backsides, or gardens; and also the Names of such as shall play at any of the said Games.

6. Item, Such persons as refuse or neg∣lect to do their duty of Watching and Ward∣ing.

7. Item, Such persons as divide their houses into several Tenements, and such as do entertain Inmates who may be an annoy∣ance to their neighbours, or likely to bring charge upon the Parish.

8. Item, The defaults of Petty-Consta∣bles and Tythingmen, &c. for not causing rogues, vagabonds and beggars to be duly apprehended, punished, and passed according to the Statute.

9. Item, All Masterless men and wo∣men living at their own hands, such as are idle and will not labour, and can give no good Account how they get their living, all Suspitious persons, Whores, Nocti∣vagants

or Night-walkers, and Mothers of Bastards, which may be chargeable to the Parish.

10. Item, The names of such persons as refuse to take Apprentices poor Parish-children to Husbandry, and other callings according to Law.

11. Item, All such as neglect to make due Rates and Collections for the relief of the Poor in every parish, and that cannot, or do not give a just Account of the employ∣ment of the Rent and Stock of the Poor.

12. Item, Of the defects in the High∣wayes and Bridges, with the names of such as should repair them, and have neglected or refused to do their duty herein.

13. Item, Such Scavengers as neglect to do their office in cleansing the Streets, to be kept clean within their Liberties; and the names of such persons as commit common Annoyances, by laying of dung, soyl, dirt, or ashes in the Street.

14. Item, The names of all such persons as refuse to Pave the Streets before their houses, where the said streets have usually been paved formerly.

15. Item, The names of all such persons as keep any Hogs (to the common Annoy∣ance of his Majesties subjects) in or about

such Liberties, places, and precincts where Hogs ought not to be kept.

16. Item, All such Bakers as put light Bread to sale, and the weight thereof; and such Brewers as sell Beer or Ale to unlicensed Alehouse-keepers; all Forestallers, Re∣grators, and ingrossers of any Corn, Grain, Butter, Cheese, Bacon, or any other kind of dead Victuals whatsoever.

17. Lastly, All such persons as can prove or testifie any of the said Offences, are to be warned to appear before the said Justices at their Sessions or meetings aforesaid, to testifie their knowledge of such Offences of which they can give Information.

CHAP. IV. The duty of Constables, &c. touching Watching, Warding, Rogues, Vaga∣bonds, Hue and Cry, carrying Pri∣soners to the Gaol, Servants and La∣bourers.

13 EDu. 1. cap. 4. Dalt. ch. 60. f. 140. Poul. Watch. 1. A Watch is to be kept in every Town, Parish, Village, and

Tything, every night from Ascension till Michaelmas, from Sun-set to Sun-rise, which the Constables, &c. must constantly cause to be set, and that by two or four men, ac∣cording to the greatness of the place.

1. Dalton, ch. 60. fol. 140. 5 Ed. 3.14. 5 H. 7.5. These Watchmen are to appre∣hend and examine all strangers that pass by them in the night, and if they find cause of suspition in them, then they may secure them till the morning; and if the parties re∣fuse to obey the Watchmen, they may levy Hue and Cry to take them, and upon their resistance the Watchmen may justifie the beating of them, and set them in the Stocks or Cage till morning; and then if no suspi∣tion be found in the parties, they may let them go. But if there be found suspition in them, then the Watchmen may deliver them to the Constable, or Tythingman, &c. who is to convey them before a Justice of peace, who after Examination of them, may bind them over, commit or acquit them as he shall see cause. These Watchmen are also to apprehend all such as ride or go armed, and all Rogues, Vagabonds, Noctivagants, Nightwalkers, Evesdroppers, Scouts, and such like.

Dalt. J. P. chap. 60. fol. 141. These

three particulars following have been held for Law concerning Watches, viz.

• 1. The Watchmen must be men of body, well and sufficiently armed, (not with a Prong, as the Countrey fashion is) and no man is compellable to Watch, unless he be an inhabitant within the same Town or Parish, where he is required to Watch.
• 2. Such as are Inhabitants within the Town are not compellable to Watch at the will of the Constable, but only when their turn comes, according to the use and custome of the place; which is most commonly by Turn or House.
• 3. Dalton, Ibid. It hath been held by some, That if a man who is compel∣lable to Watch, shall contemptuously refuse to Watch upon command of the Constable, that in such case the Con∣stable might (ex Officio) set the party in the Stocks for his contempt.

But the safest way is, for the Constable to present such person for his default at the As∣sizes or Sessions of the Peace, or else to com∣plain of him to a Justice of the peace, who may bind the offendor to the good behaviour,

and so over to the next Quarter-Sessions, there to answer, &c.

2. 39 Eliz. ch. 4. Wingat's Stat. tit. Vagabonds. Resolu. Judges, sect. 717. Bolstr. 2. part. Rep. f. 258. The Consta∣ble, Tythingman, or Headborough, assisted by the Minister and one other of the Parish, is to see (or do it himself) Rogues and Va∣gabonds, which shall be taken begging, strip∣ped naked, from the middle upwards, and openly whipped till their body be bloody, and then forthwith to be sent away from pa∣rish to parish, or tything to tything, the next straight way to the place of their birth; and if that cannot be known, then to the place where they last dwelt by the space of one whole year, before such punishment; and if that cannot be known, then to the Town through which they last passed un∣punished; and when they come there, if it cannot be discovered where they were born, or last dwelt as aforesaid, then are they by that Constable to be conveyed to the House of correction or common Gaol of that County, to be employed in work, or placed in some service, and so to continue by the space of one year; or in case they be not able in body, that Town is to keep them, till they may be placed in

some Alms-house within the same Coun∣tie.

Dalton, f. 129. After such punishment, the Vagabond is to have a Testimonial under the hand and seal of the Constable, Tythingman, &c. and the Minister of the place, testifying the day and place of his pu∣nishment, the place to which he is to be conveyed, and the time limited for his passage thither; which time if by his own default he Exceeds, he shall incurr the like punishment from time to time, till he arrive at the place limited. The substance of the Testimonial is to be entred by the Minister in a Register-book, which he is to keep for that purpose, on pain of 5. shillings.

The form of a Testimonial for Conveying a Rogue, or Vagabond.

W.W. A sturdy vagrant Beggar (aged about 40 years) tall of stature, red haired, and long lean visaged, and squint∣eyed, was this 24 day of A. in the 22 year of the Reign of our gracious Sovereign Lord King Charles the Second, &c. openly whipped at T. in the County of G. according to the Law for a wandring Rogue, and is assigned to pass forthwith from parish to parish, by the Offi∣cers

thereof the next straight way to W. in the County of B. where he confesseth he was born; and he is limited to be at W. afore∣said, within twelve dayes now next ensuing, at his peril.

Given under the hands and seals of C. W. Minister of T. aforesaid, and of J. G. Constable there, the day and year aforesaid.

A Justice of peace alone may under his hand and seal make such Testimonial. Lam∣bert, 206.

39 Eliz. cap. 4. Dalt. ch. 47. fol. 128. Resolu. Judges, sect. 13, 14. If any Constable, Tythingman, or Headborough be found negligent in the due Execution of the Act of the 39. of Eliz. aforesaid, he for∣feits ten Shillings for every default: And such persons as shall hinder the execution of the Law upon Rogues, forfeit five Pounds, and are to be bound to the good behaviour; and if a Constable refuse to receive a Rogue, and to convey him or her to the next, or if he do receive him and not convey him to the next Constable, he forfeits five Pounds, and may be bound to the good beha∣viour.

1 Jac. ch. 7. Dalt. ch. 47. fol. 128. Re∣solu. Judg. sect. 13, 14. Every person

shall apprehend or 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; or else shall forfeit, for every such default ten Shillings; and the Constable is to whip and convey such Rogues as before is directed on pain of twenty Shillings.

39 Eliz. cap. 4. Dalt. ch. 47. fol. 149. 1 Jac. ch. 7. Two Justices of peace, (one of the Quorum) by Warrant under their hands and seals may cause to be levied, by distress and sale of the Offendors goods, all the Fines and forfeitures aforesaid after con∣viction of the party; which must be either by Confession of the party, or proof of two Witnesses before the said Justices.

7 Jac. chap. 4. Constables or Tything∣men neglecting to search for Rogues upon the Justices warrant, or to appear at their meeting to give an account what Rogues have been punished, or sent to the House of Correction; or if they neglect to convey such to the House of Correction as by War∣rant are to be sent thither, they are lyable to such Fine as the Justices please, not ex∣ceeding forty Shillings.

1 Jac. 7.14. Car. 2. ch. 12. Any

Justice of the peace may reward any person or persons who shall apprehend, and bring be∣fore him any Rogue, Vagabond, or sturdy Beggar, by granting to such person a Warrant under his hand and seal, to the Constable or Tythingman of the place through which the Rogue did pass un-apprehended; ordering the said Constable, &c. to give such person two shillings for every Rogue so taken: And if the Constable, &c. refuse to pay it, the Justices of the peace may proceed against such Officers according to the Stat. 1 Jac. 7. and compel him to pay his For∣feiture by the said Statute, and to allow the said two shillings out of the said Forfeiture to such person, with such further allowance for loss of time, as the Justice shall think fit.

14 Car. 2. ch. 12. If any person shall apprehend any Rogue at the confines of any County, which passed through any Parish of another County un-apprehended, then the person so apprehending such Rogue must carry him to some Justice of peace of the County through which he passed un-apprehended, who (upon a Certificate under the hand of some Justice of peace of the County where such Rogue was apprehen∣ded) is to grant his Warrant to the Consta∣ble,

&c. to pay two shillings as aforesaid; which if he refuse or neglect, then the Ju∣stice is to proceed against the Constable, &c. and cause him to pay ten Shillings to the party, or so much thereof for loss of time as the Justice shall think fit.

14 Car. 2. cap. 12. It is Enacted, That whereas Constables, Tythingmen, &c. are at great charges in Relieving, carrying with Passes, and conveying Rogues, &c. all Constables, Tythingmen, &c. so out of purse, with the Churchwardens and Overseers of the Poor, and other inhabitants of the Parish may make a Rate, and tax all the Inhabitants of the Parish which are Chargeable by the 43. of Eliz. which Rate must be confirmed under the hands and seals of two Justices of the peace: And if any person refuse to pay his Rate, then the Constable by warrant from two Justices of peace, may levy the same upon the Goods of the party re∣fusing, rendring them the Overplus, if any remain thereof.

39 Eliz. cap. 4. & 17. 43 Eliz. cap. 2. 1 Jacobi, cap. 7. 21 Jac. cap. 28. 7 Jac. cap. 24. 5 Elizab. cap. 4. Dalt. cap. 47. fol. 123, 124, 125. All these persons hereafter named are accounted and adjudged Rogues, Vagabonds, and sturdy Beggars:

That is to say, all such persons above the age of seven years, Man or Woman, sole or covert, that wander from their usual place of abode, abroad, every where begging; or if they do not beg, yet if they wander and loyter about without a lawful Pasport, and give no good account for their travel, are accounted Rogues.

All Scholars, and Sea-faring men which beg, Wandring persons that use unlawful Games, subtil craft, or Playes, or pretending themselves to have skill in Physiognomie, Palmestrie, or the like; or to be Fortune∣tellers, or Figure-casters.

All Proctors, Patent-gatherers (except for Fire) Collectors for Gaols, Prisoners, or Hospitals, wandring abroad; Fencers, Bearwards, (those are Rogues in grain) common Players of Interludes, and Fidlers or Minstrels wandring abroad.

All Juglers (Hocus pocus, and Slight-of-hand Artists,) Tinkers, Pedlars, and Petry-Chapmen, and Glass men wandring abroad, especially if they be not well known, or have not a sufficient Testimonial; all counterfeit Egyptians, not being Felons; all persons de∣livered out of Gaols, which beg for their fees, or otherwise do travel begging; such as go to or from the Bathes and do not pursue

their License, Souldiers and Mariners that beg, and counterfeit a Certificate of their Commanders.

All Labourers which wander abroad out of the Parish, and refuse to work for wages reasonably taxed, having no living otherwise to maintain themselves; and such as go with a General pasport which is not directed from parish to parish.

All these are accounted Rogues, Vaga∣bonds, and sturdy Beggars.

All Servants that depart out of their ser∣vice, (viz. out of one City, Town, or Parish to another, or out of one Hundred or County to serve in another) without a Testimonial, or with a false one; and such persons as are sick of the Plague, and wilfully go abroad in company against the command of Officers, are to be punished as Vagabonds; but none are to be sent to the place of birth or last ha∣bitation, but wandring Rogues; those which beg in their own Parish, or in the High-ways (without the appointment of the Overseers) are to be sent to the House of Correction.

39 Eliz. cap. 4. Dalt. J. P. ch. 47. fol. 135. Resolu, Judges, sect. 4, 5. A Wife and Children under seven years of age being vagrant, must be placed with the Husband; and if the Husband be dead, then with the

Wife where she was born or last dwelt; and vagrant Children above seven years of age must be sent to the place of their birth; and if the vagrant Parents with their Chil∣dren, under seven years of age, be placed at the place of birth of the Parents, or at the last place of dwelling; if afterwards the Pa∣rents or either of them dye, or run away, yet the Children once setled, must remain there still, and may not be sent to the place of their birth, though afterwards they attain to the age of seven years.

The Wife being but a vagrant Rogue, ought to be sent to her Husband, though he be but a servant in another Town or Parish; and the Rogue, whose place 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 to pass through unpunished; where the Children must be relieved with the work of their Parents, though their Pa∣rents be committed to the House of Corre∣ction.

3. Hue and Cry. Dalton J. P. ch. 28. fol. 75. The Constables, or Tythingmen of every Town, Parish, or Village, to whom Hue and Cry shall come, ought to search in all suspected houses and places within their

Liberties, and as well be Officers, as all other persons which shall pursue the Hue and Cry, may take and stay all such persons, as in their search and pursuit they shall find to be suspitious, and shall carry them be∣fore some Justice of the County where they are taken to be Examined, where they were at the time of the Felony committed; and if any default be in the Officers, they may be fined by the Justices for their neglect.

27 Elizab. cap. 13. Dalt. J. P. ch. 48. fol. 132. Where a Hundred is sued for a Robbery, and damages are recovered against one or some few inhabitants of the Hun∣dred, and the rest refuse to contribute thereunto; in such case two Justices of the peace (one of the Quorum) dwelling within or near the Hundred, may for the levying thereof set a Tax upon every Parish within that Hundred; according to which the Constables, or Tythingmen of every parish must Tax the particular Inhabitants within their Liberties, and then levy the money upon such as refuse by distress and sale of their Goods, restoring the over-plus if any be, and after the Money is gathered, they are to restore the same to the Justices, or some of them that made the Rate within ten dayes.

27 Eliz. cap. 13. That Hundred where fresh Suit shall cease, shall answer half the damages to the Hundred where the Felony was committed, to be recovered in any Court at Westminster, in the name of the Clerk of the Peace of the County where the Felony was committed; in which case the death or change of the Clerk of the Peace shall not abate the Suit: And this Recovery is to be taxed and levied as the former.

Bract. lib. 3. f. 121. Dalt. J. P. f. 133. Where any one of the Robbers is apprehen∣ded, or where the Action is not prosecuted within one year after the Robbery commit∣ted, the Hundred is not chargeable for the Robbery; Observe likewise, that the Hue and Cry shall not be judged legal, unless the pursuit be both by horse and foot.

Westm. 1. ch. 9. Co. 2. part Inst. f. 172. He that goeth not at the command of the Sheriff or Constable at the Cry of the Coun∣ty, that is, upon Hue and Cry, to arrest Fe∣lons after Attainder, shall be grievously fined and imprisoned.

4. Carrying Prisoners to the Gaol. 3 Jac. ch. 10. Dalt. chap. 43. f. 104. An of∣fendorwhich is to be conveyed to Gaol, must bear all charges both of himself and of those that guard him, if he be able; and if he

refuse to pay the charges, or shall not at the time of the commitment discharge the same, then upon a Warrant from a Justice of peace, the Constable of the Liberty or Town where the offendor hath any Goods (being within the same County) may sell so many of the parties Goods, as in the discretion of the Justice shall be thought sufficient to satisfie the said Charges, the Apprizement to be made by four Inhabitants of the parish where such Goods be, and the over-plus to be returned to the owner.

1 Jac. ch. 10. And if the offendor have no goods to defray the charges, then the charge must be born by the Town or Parish where the offendor was taken; which must be done by Tax, made by the Constable, Churchwardens, and two or three other In∣habitants; and where there are no such of∣ficers, then four of the principal Inhabitants of the parish must make the Rate, which being allowed under the hand of a Justice of peace, every Inhabitant must pay their pro∣portion, according to the said Rate; and if any refuse to pay, the Constable, Tything∣man, or other officer by Warrant from a Ju∣stice of the peace, may levy the same by distress, (and after appraisement by four of the Inhabitants) may sell the same;

rendring to the party refusing the overplus, if any be.

And if the Constable or other officer that makes such distress be sued, he may plead Justification, and upon a verdict for the de∣fendant, or Non-suit of the plaintiff, he shall recover treble damages, besides Costs of suit.

5. Servants and Labourers, 5 Eliz. c. 14. The Constable in the time of Hay and Corn harvest, upon request to him made, by any man that wants Labourers, to get in his Har∣vest to prevent loss thereof, may cause all such Artificers as he shall see meet to la∣bour, to serve by the day for mowing, reap∣ing, or otherwise, for the getting in of Corn or Hay abroad, according as they seem fit and able to perform. And if such persons shall refuse to work, after they are requested thereunto, the Constable may set them in the Stocks by the space of two days and one night; and if the Constable neglect to per∣form his office herein, he forfeits Fourty shillings.

5 Eliz. chap. 4. No person reteined in Husbandry, or in any Arts appointed by that Statute, shall depart after the time of such re∣teiner expired, out of the City, Town, or Parish where he last served, to serve in an∣other

without a Testimonial, (viz. in a Town-corporate under the hands and seals of the Magistrate, and two housholders there; and in the Countrey under the hands and seals of the Constable (or other officers,) and two housholders of the Town or Parish where he last served,) which Testimonial is to be registred by the Minister, for which he is to have Two pence, and then to be deli∣vered to the party.

The form of a Testimonial for a Servant.

MEmorandum, That J.S. servant to J.D. of Bramsil in the County of Southam∣pton yeoman, is licensed to depart from his said Master, and is at liberty to serve else∣where; according to the Statute in that case made and provided. In witness whereof we have hereunto set our hands and seals this 25 day of August, in the 22 year of the reign of our gracious Sovereign Lord King Charles the Second 1670.

• Ri. Turner, Constable of Bramsil.
• ...R. C.
• J. D. Housholders there.

If it be one that lives with a Woman, then say (is licensed to depart from his Mistress or Dame, as she is;) if the Master be not a Yeoman or Husbandman, but an handy∣crafts-man, as Taylor, Smith, &c. then name him so in the Testimonial.

5 Eliz. ch. 4. Dalt. J. P. ch. 31. fo. 63. The Master that reteins a Servant without such a Testimonial, forfeits Five pounds, be∣ing thereof convicted by Indictment taken in the Sessions of the Peace; and every Ser∣vant which sheweth not such a Testimonial to the chief Officer in a Corporation, or to the Constable or other officer, Minister or Churchwarden of the place where he is to dwell, may be imprisoned until he procure one, and if he produce not one within one and twenty dayes next after the first day of his Imprisonment, or if he shall shew a false or counterfeit one, then he is to be whipped, and used as a Vagabond.

This Statute, as to this particular of Testi∣monials, is now grown in a manner quite ob∣solete, so seldom used, that it's scarce known, although the penalty in the same be strict and severe, yet it is of good use; and so are a great many penal Statutes more very bene∣ficial to the Commonwealth, if they were duly put in Execution, especially those

enacted to punish the daily offences of Brewers, Bakers, Alehouses; all such as use Weights or Measures, Millers, Forestallers, Ingrossers, Regrators, cum multis aliis, &c. these are the Caterpillars of the King∣dom.

CHAP. V. The duty of Constables, &c. about Affrayes, Riots, Routs, Armes, Mi∣litia, Escapes, Forcible entries, the Peace, Hedge breakers, Setting∣dogs.

1. AFfrayes, Riots, Routs. 3 H. 4.9, & 10. Bacon's Use of the Law, fol. 5. Dalton, J. P. ch. 1. fol. 4, 5. If one makes an Affray or Assault upon another in a Con∣stables presence, or in his presence shall threaten to kill, beat, or hurt another, or shall be in a fury, ready to break the peace; In these cases the Constable may commit the offendors to the stocks, or to some other safe custody for the present, until such time as he can carry them before some Justice of the peace, or to the Gaol, until they find

Sureties for the peace: The Constable may take security for the peace by Obligation to be sealed and delivered to the Kings use, which Bond the Constable was to send to the Exchequer or Chancery, from whence the process should issue to levy the debt to the Kings use if the peace were broken. This was the opinion of three of the Judges of the Common Pleas, in Skirret's Case: Trin. 35 Eliz. com. ban. Rot. 1458. But An∣derson Chief Justice said, That the Con∣stable ought to carry the party that he should see breaking of the peace, before a Justice to find sureties for the peace, which is the usual practice at this day.

Dalt. J. P. ch. 8. fol. 33. The Consta∣ble where he seeth an affray made, or such as are about to make an affray, ought to command the Affrayers in the Kings name to surcease and depart on pain of Imprison∣ment; and if a Constable being present at an affray, doth not his best endeavour to part them, it being presented by the Jury at the Sessions of the Peace, such Constable may be fined for it.

3 H. 7.1. 3 H. 7.20. Lambert, 136. 38 E. 3.8. Dalt. J. P. ch. 8. fol. 33. If any one be dangerously hurt in an Affray, the Constable or any other may stay the offendor,

and carry him to a Justice of peace, who is either to bayl him till the next Gaol-delivery; or to commit him to the Gaol, until it be known whether the party will live or dye thereof.

Lambert, 135. 1 H. 7.7. 3 H. 7.10. If Affrayers will not depart, but do draw weapons, or give any blow, the Constable may command assistance of others to cease the Affray; and if they make resistance, may justifie the beating and wounding of them: and if the Constable or any of his as∣sistants be killed, it is murder in the Af∣frayers.

Lambert, 135. 7 E. 3.19. Where there is a great and dangerous Affray, the Constable may make proclamation in the Kings name, that the Affrayers shall keep the Kings peace, and depart: and if the Af∣fray be in a house, the Constable may break into the house (if the doors be shut) to see the Peace kept, though none of the parties have taken any hurt; and if the Affrayers fly into another mans house, the Constable upon fresh pursuit, may break into such house and apprehend them.

Dalt. ch. 8. fo. 34. & ch. 118. fol. 340. Crompt. 146. b. & 172. b. Where the Affrayers fly into another County, the

Constable seeing it may freshly pursue, or cause them to be pursued and taken there: and then the Constable may carry them be∣fore some Justice of the peace of the County where they are taken, to find sureties for the Peace.

And if they fly into a Franchise only within the same County where the Affray was, the Constable (seeing this) may freshly pursue them and take them out thence.

Dalt. J. P. ch. 8. f. 34. 38 H. 8. Af∣ter the Affray is over, the Constable cannot arrest the Affrayers without a Warrant. Ex∣cept some person hath received such hurt there that he is in danger of death; but be∣fore the Affray begun, and at the time thereof he may arrest them without a Warrant.

Dalton, ibid. It is not properly an Af∣fray unless some blow be given or offered to be given; for hot Words is no Affray, nei∣ther can the Constable apprehend them for words, unless they threaten to kill, beat, or hurt one another, in such case the Consta∣ble may take such persons and carry them before a Justice, to find sureties for the Peace, and yet such Threatning is no Af∣fray.

Dalt. ch. 8. fo. 35. 5 H. 7.6. If an Affray or an Assault be made upon the Con∣stable

himself, he may not only defend him∣self, but may also put the parties offending in the stocks, till such time as he can carry them to a Justice of the peace, or to the Gaol; and if he be not able to Arrest them himself, he may call others to his as∣sistance, who may justifie to Arrest the of∣fendors.

27 R. 2. ch. 8. Sheriffs, Constables, and all other the Kings officers, shall suppress Riots, and Imprison them, and all other of∣fendors against the Peace.

Lambert, 179, 181. Bro. tit. Riot, 4, 5. Co. 3 part Instit. fol. 176. Dalt. J. P. ch. 85. fol. 217. Where three persons or more shall come and Assemble themselves toge∣ther, to the intent to do any Unlawful act with force or violence against the person of another, his possessions or goods, as to kill, beat, or otherwise to hurt, or to imprison a a man; to pull down a house, wall, pale, hedge, or ditch; wrongfully to enter upon or into another mans possession, house, or lands, &c. or wrongfully to cut or take away corn, grass, wood, or other goods; or to hunt unlawfully in any Park or Warren, or to do any other unlawful act, (with force or vio∣lence) against the peace, or to the manifest terrour of the people; if they only meet to

such a purpose or intent, although they shall after depart of their own accord, without acting any thing, yet this is an unlawful As∣sembly, because of their intention at first.

And if after such meeting they shall ride, move or go forward, towards the execution of such Act, whether they put their intended purpose in execution or not, this is a Rout. And if they do act any such thing indeed, then it is a Riot.

2. Armes, Militia. 2 E. 3. ch. 3.7 R. 2.13. Co. 3 part Institutes, fol. 162. Dalt. J. P. ch. 9. f. 35. & 159. If any person shall ride or go Armed offensively before the Kings Justices, or before any other the Kings officers or ministers during their office, or in Fairs, or Markets, or elsewhere by night or by day, in Affray of the Kings people and breach of the peace; or wear or carry any Guns, Daggers, or Pistols charged, in such case the Constable upon sight hereof may seize and take away their Armour and other Weapons, and cause them to be apprized, and answered to the King as forfeited; and carry the parties before a Justice of peace to find Sureties for the peace.

2 E. 3. ch. 3. But the Kings servants in His presence, Sheriffs and their officers, and other the Kings ministers, and such as

be in their companies assisting them in their office, and all others pursuing Hue and Cry where any Felony or other offences against the peace be committed, may lawfully bear Armour or Weapons.

14 Car. 2. chap. 3. All High-Constables, Petty-Constables and other officers, within their several Parishes, are to be ayding and assisting to such persons as shall have War∣rants from the Lord Lievtenants or any two of their Deputies, under their hands and seals, to search for and seize all Armes in the custody and possession of any person or persons whom the said Lievtenants or their Deputies shall judge to be dangerous to the peace of the Kingdom, and to secure the same, and give account thereof to the said Officers; but such search is to be made in the day time only, between Sun-rise and Sun-set, and not otherwise; unless it be in Cities and their suburbs, Towns-corporate and Market-towns, or Houses within the Bills of mortality; in which places search may be in the night, if the Warrant so direct.

No dwelling-house of any Peer of the Realm is to be searched, unless the Warrant be from the Kings Majesty, under his Sign manual; or in the presence of the Lievte∣nant,

or one of the Deputy-Lievtenants of the said County or Riding: And in all places and houses aforesaid where search is made, in case of Resistance to enter with Force; and such Arms so seized, where the Lievtenants or their Deputies, or any two of them think fit, may be restored to the owners again.

14 Car. 2. cap. 3. & 15. Car. 2. cap. 4. The Constables by Warrant under the hand and seal of the Lord Lievtenant, or any three or more of the Deputy Lievtenants, are to levy such summs, forfeitures, penalties, and payments, as shall be charged upon any person or persons within their several Li∣berties, for the furnishing of Armes, horse or foot, or payment of Souldiers.

Ibid. And where sufficient distress can∣not be had, then the Lord-Lievtenants and their Deputies by like warrant to the Con∣stable may commit such offendor to prison, until he shall make satisfaction, according to the said forfeiture, payment, or penalty.

3. Escapes. Dalton, J.P. ch. 106. f. 272. Bro. coron. 112.224.316.454. & Bro. Es∣cape, 31. Stamford, fo. 32. If a Consta∣ble or any other officer which hath a prisoner in custody for Felony or suspition thereof, voluntarily letteth or suffereth the prisoner

to go where he will at liberty, (though this be breaking of prison) yet it is Felony in the Gaoler, Constable, or him that letteth such prisoner escape, but it is no Felony in the prisoner: but if such a prisoner shall escape by the negligence of his keeper, and against his will and knowledge, then it is Felony in the prisoner, because a breach of Prison, and the Gaoler or Constable, &c. shall be fined by the Judges or Justices for such Escape.

Dalt. cap. 106. fol. 272. If a Consta∣ble or other officer shall voluntarily suffer a Thief, being in his custody, to go into the water and drown himself, this escape is Fe∣lony in the Constable, and the Thief is Felo de se; but if the Thief shall suddenly (without the assent of the Constable) kill, hang, or drown himself, this is then but a negligent escape in the Constable, and fine∣able as aforesaid.

Dalt. ibid. The voluntary letting a Fe∣lon escape before he be arrested for the Felony, is no Felony in him that suffereth him to escape; but if the Constable suffer one to escape whom he knows hath committed a Felony, is finable, if it do not make him accessary.

Cromp. 40.44. Dalt. J. P. ch. 106.

fo. 275. Where a Felony is committed and one is arrested for the same, or suspition thereof, though the Constable &c. shall af∣ter have certain intelligence and knowledge, that the party arrested is not guilty of the of∣fence, yet they may not set the party at li∣berty; for he must not be delivered but by due course of Law.

Dalt. J. P. ch. 118. fo. 340. If a Con∣stable convey a Feion to the Gaol, and the Gaoler will not receive him, then the Con∣stable must bring him back to the Town where he was taken, and that Town shall be charged with the keeping of him until the next Gaol-delivery, and in such case the Gaoler shall be punished by the Justi∣ces.

Ibid. The Constable or other officer that shall imprison any Felon in the stocks, may lock the stocks, and if need be, may also put Irons on the prisoner; and when he con∣veyeth him to the Gaol, or to the Justice, he may pinion him, or otherwise make him sure so that he cannot escape.

4. Forcible Entries. 15 R. 2. chap. 2. Dalt. ch. 22. f. 57. If a Constable, or any other private person of the same County do refuse to attend and assist the Justices of the peace, upon request to remove a Force, or to con∣vey

the parties to the Gaol, he may be im∣prisoned for his neglect, and make Fine to the King.

6. The Peace. H. 7. fo. 18. A. Cromp. 6.12. The Constable ought to do what he can to keep the Peace, but he cannot take surety of the Peace at the request of any man.

Dalt. ch. 3.9. The Constable or other officer before he arrest the party upon a War∣rant for the Peace, ought first to acquaint the party therewith, and charge him in the Kings name to go along with him to the Justice to put in sureties, according to the Warrant; and if the party refuse so to do, then the Of∣ficer ought forthwith to take and convey him to the Gaol, without carrying him to any Ju∣stice at all, there to remain till he doth find Sureties; and then at the next Sessions of the peace the Officer ought to deliver in his Warrant, and certifie what he hath done therein.

Dalt. 69. f. 166. If the party yield to go, and find Sureties, then the Officer may not absolutely arrest him, yet he is not bound to go up and down with him till he can get Sureties, but he may keep him till he can get Sureties to come unto him; and if the party make resistance, or offer to

go away afterwards, the Officer may carry him to the Gaol, or set him in the Stocks till he can get ayd to carry him to the Gaol.

Lambert, 101. Dalt J. P. ch. 69. f. 168. If an officer having a Warrant from a Justice of peace against a man to find sureties for the Peace, and do afterwards receive a Su∣persedeas out of the Chancery, or Kings Bench, or from another Justice of peace of the same County to discharge the same Surety of the peace; and yet nevertheless the Offi∣cer will cause the party to find sureties by virtue of the Warrant, the party may refuse to give it; and if he be arrested or impri∣soned for such refusal, he may have his Action of False imprisonment against such Officer; for the Supersedeas is a discharge of the former Warrant.

13 H. 7.10. Dalt. J. P. ch. 75. f. 189. I. a Constable be informed, that a man and woman be in Adultery or Fornication toge∣ther, or, that a man and woman of evil re∣port are gone to a suspected house together in the night, the Constable may take com∣pany with him, and if he find them so, he may carry them before a Justice of the peace to find Sureties for their good beha∣viour.

Fitz. Barr. 207. Cromp. 135. If any shall abuse a Constable in the execution of his office, the Constable may have him bound to his good behaviour for it.

Dalt. ch. 3. f. 9. Any injurious force or violence used against the person of another, his goods, lands, or other possessions, whe∣ther it be by threatning words, or furious ge∣stures, or force of the body, or any other force used in Terrorem, is said to be a breach of the Peace.

6. Hedge-breakers, Roblers of Orchards, &c. 43 Eliz. ch. 7. Such as are convicted before a Justice of the peace, for cutting and taking away of Corn growing, robbing of Or∣chards, breaking Hedges, and their procu∣rers and receivers knowing the same, are to give the party grieved such satisfaction as a Justice of peace shall think fit; and if they cannot give such satisfaction, then the Justice may commit the offendors to the Constable to be whipped for the first offence, and the like pain for the second offence; and if the Constable or other officer do not by himself or some other see the same done accordingly, then the Justice may commit such officer to the Gaol, there to remain without Bayl until he procure the offendor to be whipped as aforesaid.

15 Car. 2. ch. 2. The Constables, Head∣boroughs or other person, in every County, City, Town-corporate or other place where they shall be officers and inhabitants, have power to apprehend or cause to be apprehen∣ded such persons as they suspect, for having, carrying or conveying any burthen, or bundles of any kind of Wood, Underwood, Poles, or young Trees, or Bark of any trees, or Gates, Stiles, Posts, Rayls, Pales, Hedge-wood, Broom, or Furze; and any Constable or Headborough, &c. by warrant under the hand and seal of one Justice, may enter into the houses, out-houses, yards, gardens, or other places belonging to the houses of such per∣sons as they shall suspect, &c. and where they shall find any, to apprehend the parties suspected for cutting the same, and those in whose custody, &c. any such Wood or Un∣derwood shall be found, and carry them be∣fore a Justice of the peace, and if the party cannot give a good account to the Justice how he came by the said Wood, &c. by the consent of the Owner, or shall not, within the time the Justice shall appoint, prove who he bought it of, then such person shall be deemed convicted of the cutting and spoyl∣ing of Wood, within the Statute of 43 Eliz. and for the first offence shall give such

satisfaction to the owner within such time as the Justice shall appoint, and pay over and above presently to the use of the Poor where the offence is committed, so much money as the Justice shall appoint, not exceeding Ten shillings: And for default of performance hereof, the Justice may commit the offendor to the house of Correction so long time as he shall think fit, not exceeding one Month; or otherwise to be whipped by the Constable or other officer: And for the second offence the offendor is to be sent to the house of Cor∣rection for one Month, and there held to hard labour; and if he be convicted the third time, then to be punished as an incorrigible Rogue.

Stat. ibid. If any person buy any bur∣thens of Wood, Underwood, Sticks, &c. of any who may justly be suspected to have come by the same unlawfully, upon com∣plaint to a Justice, Head-officer, &c. and if upon examination upon Oath it appears, That the same were bought of such person as afore∣said, the Justice may order the buyer to pay the treble value thereof to him from whom they were stollen; and for non-payment the Justice may grant his Warrant to the Consta∣ble, to levy the same by distress and sale of the offendors goods, rendring to the owner

the overplus; and for want of such distress, then to commit the party to the Gaol, at his own charge, there to remain one Month without bayl.

None is to be punished by this Statute, that hath been punished for any former Law for the same offence, and all offendors with∣in this Statute must be prosecuted within six Weeks after the offence committed.

Setting-dogs. Stat. 7. Jac. ch. 11. Dal∣ton, J. P. ch. 37. fol. 90. The Constable, Tythingman, or Headborough of any place (upon a Warrant under the hands and seals of two or more Justices of the Peace) hath power to search the Houses of any persons suspected to keep Setting-dogs, or Nets, for the taking of Pheasants or Partridges, and the Dogs and Nets there found, to take, car∣ry away, detain, kill, destroy, and cut in pieces.

Stat. idem. Dalt. ibid. But they cannot search the houses of any who have free War∣ren, or any Lords of any Manor, or such as have 40. Pounds per ann. or more in Free∣hold, or some Estate of Inheritance, or 80. Pounds per annum for Life, or be worth in personal Estate 400. Pounds; These may keep Nets and Dogs, to take Pheasants or Partridges in their own ground.

CHAP. VII. The Constables office touching Clothiers, Maultslers, Alehouses, Drunkenness, Weights and Measures, Purvey∣ances, High-ways.

1. CLothiers. 14 Car. 2. ch. 5. Consta∣bles and other officers upon request, are to ayd and assist the Wardens and As∣sistants, for regulating the Trade of Worsteds and other Stuffs called Norwich-Stuffs, made in Norwich and the County of Nor∣wich.

They ought to be very vigilant in this business, for there never was such slight and unserviceable Stuffs made as now are; to the great damage of his Majesties subjects.

14 Car. 2. ch. 5. In the West-riding of the County of York, the Constables are like∣wise by warrant from the Justices of the peace, Masters and Wardens of the Corpo∣ration, or any thirteen of them, to levy such Fines, Penalties and Forfeitures as shall grow due from any Clothier by virtue of the Statute abovesaid, by distress and sale of the

offendors goods, rendring the overplus to the owner upon demand.

4 E. 3. ch. 1. Fitz. J. P. 103. Clothiers must pay their Spinners and other work-folks their Wages in ready Money, and not in Wares; and shall deliver their Wool in due weight, on pain to forfeit Six pence for every default. And the Carders, Spinners, Weavers, and other work-folks are to do their work faithfully on pain to forfeit double damages to the party grieved.

Stat. idem. The Master, or Head-officer in a Corporation where there is no Master, and out of a Corporation, every Justice of peace, High-Constable, and Stewards of Court-Leets shall hear and determine the complaints, as well for non-payment of the Work-folks wages, as the damages afore∣said (by examining the parties,) for which damages they have power to commit the offendors to the Gaol until the party grieved be satisfied.

39 Eliz. ch. 20. The Justices of peace and High-Constables may search any house or other place for Tenters, Ropes, Rings, Head-wrinches, or other Engines for stretch∣ing of Cloth, and if they find any to deface them; and if the Owners use them again, these Officers may take them away and

sell them, and give the money to the Poor.

Mault-making. 2 E. 6. ch. 10.21 Jac. ch. 28. 3 Car. 1. ch. 4. The Constables and Bayliffs of any Town ought from time to time to view and search all such Mault as shall be made, or put to sale within any of their Liberties, and if they find any being evil made, or mingled with evil Mault, then the Constable or Bayliff, with advice of one Justice of peace, may fell the same to such persons at such a rate as the Justice shall think sitting.

Stat. 2. E. 6. ch. 10. There are three sorts of evil and deceitful Mault, viz.

• 1. Where Barley and Mault hath not in the making thereof, in the Fatt, Floor, steep∣ing and drying thereof, (three Weeks at the least;) Except it be in June, July and Au∣gust, and in those Months it must have 17. Dayes: and under such time it cannot be made wholesome.
• 2. They ought to take out of every Quar∣ter of Mault half a peck or more of Dust, by treading, rubbing and fanning the same, be∣fore they put the same to sale, or else they forfeit 20. Pence for every Quarter other∣wise sold, to be divided between the King and the Informer.

• 3. If any Mault shall be put to sale not well made, according to the limited time, or made of mow-burnt or spired Barley, or mixed good and bad together, they forfeit Two shillings for every Quarter, to be divi∣ded as aforesaid.

This Act extends not to such as make Mault for their own provision only; and the Forfeitures aforesaid must be prosecuted within one Year.

Alehouses. Drunkenness. 3 Car. 1. ch. 3. Dalt. J.P. ch. 7. fol. 31, 32. If any one keepr an Alehouse, or sell Beer or Ale with∣out License, he forfeits 20. Shillings to the use of the Poor; to be levied by distress and sale of the offendors goods, by the Constable and Churchwardens by warrant from a Ju∣stice of peace before whom the offence is proved; which Goods are to be sold with∣in three dayes after the Distress taken, and the overplus to be returned, if any be: And in default of Distress, the delinquent is to be openly Whipped by the Constable; If the Constable refuse or neglect to execute his Warrant, he forfeits 40. Shillings to the Poor; and the Justice may commit the Con∣stable to the Gaol, until he causeth the of∣fendor to be whipped, or payeth the 40. Shil∣lings to the use of the Poor.

Co. 9. lib. Rep. fol. 87. b. 10 H. 7.8. Dalt. J. P. ch. 7. f. 28. If a common Inn-keeper or Alehouse-keeper refuseth to lodge a Travelle, he proffering to pay ready money for his victuals, &c. the Constable may cause such an Inn-keeper or Alehouse-keeper to be indicted at the Sessions or As∣sizes, where he may be fined and imprisoned; or the party grieved may have his Action of the Case against the Inn-keeper or Alehouse-keeper. But they are not bound to lodge, or find victuals without ready money first paid, if it be required.

In the Condition of the Recognizance, which every Alehouse-keeper enters into that is licensed to sell drink, it is one Clause, That he shall keep one or more spare Beds for lodging of strangers. Were this well looked into in and about London, abundance of forfeited Recognizances would be found; and a great many lazy knaves that live at their ease by selling Drink, might be set to work for their livings.

They are bound likewise not to suffer any Gaming in their houses or backsides, which now is the main prop of most of them; and there they draw in Apprentices and Servants to their ruin: were they punished according to the Statute for this, these

Caterpillars would not swarm so thick as they do.

1 Jac. ch. 9. 1 Car. 1. ch. 4. If any Inn-keeper, Alehouse-keeper, or Victualer do sell less than a full Ale-Quart of the best Ale or Beer, or two Quarts of the Small for one Penny, he forfeits 20. Shillings for eve∣ry offence. If he suffers Townsmen or others to sit tipling in his house, he forfeits 10. Shillings; for which the Constables and Churchwardens upon a Warrant from a Ju∣stice of peace ought to distrein and levy the Forfeitures, according to the Statute; and if there be no distress to be found, or if the Officers neglect within twenty dayes to cer∣tifie the same Default to the Justices, the Officers forfeit 40. Shillings to the use of the Poor, to be levied by distress on their Goods by Warrant made to any indifferent person, from any one or more Justices of the peace under their hand and seal: and for want of distress, the Justice may commit the offen∣dors to the Gaol, there to remain till they have payd the said Forfeitures. In all these cases the Distresses are to be kept six dayes, and if the parties do not pay the Forfeitures within that time, then the Distress is to be apprized and sold, and the overplus returned to the owners if any be.

21 Jac. ch. 7. Dalt. J. P. ch. 7. f. 28. If the Constable or other officer of the Parish neglect to serve the Justices Warrant against Townsmen, or others for tipling in any Inn, Alehouse, or Victualing-house; or against men for being drunk, viz. for Tipling 3. s. 4d. and for being Drunk 5. s. to be levied by distress on the Offendors goods, and sale thereof after six dayes default of payment, rendring the overplus to the Owner; And for want of distress, or not able to pay, the Tipler is to sit in the Stocks four hours, and the Drunkard six hours. And if in any of these cases the Constable neglect to do his duty, he forfeits Ten shillings, to be levied by distress and sale of his goods to the use of the Poor. These Offences are to be enquired after within Six moneths after they are committed, and the Constables and other officers of the Parish may be charged upon their Oaths to present them.

Weights and Measures. 8 H. 6. ch. 5. All Cities, Boroughs, and Market-Towns in England ought to keep common Weights and Measures sealed, at which the Inhabi∣tants may weigh freely; and all Foreiners must pay for every draught under forty Pounds, one Farthing; for a draught be∣tween forty and an hundred, an Halspeny;

and for a draught between an hundred and a thousand, one Penny; wherewith the Weights are to be maintained: and the Of∣ficers which attend that service are to be re∣warded at the discretion of the Inhabi∣tants.

8 H. 6. ch. 5. 11 H. 7. ch. 4. Every City which wants such Weights and Mea∣sures forfeits ten Pounds to the King, every Borough five Pounds, and every Market-Town forty Shillings: And the chief Offi∣cers of such places (upon request to them made) are to Mark and Seal such Weights and Measures to any of the Kings subjects; taking for the marking of every Bushel one Penny: and none ought to sell with any other Weights and Measures but such as are marked or sealed.

11 H. 7. ch. 4. The Mayors, and chief officers in Cities, &c. are once every year at least to view all Measures and Weights in their Jurisdictions, and to break or burn such as they find defective; and to punish the offendors for the first offence 6. Shillings eight pence, for the second 13. Shillings four pence, and for the third offence 20. Shillings; and besides may adjudge the offendors to the Pillory.

Purveyance. 13 Car. 2. ch. 8. The

Clerk or chief officer of the Kings Carria∣ges, shall three dayes before His Majesties arrival, by warrant from the Green-cloth, give notice in writing to two Justices of the peace adjoyning to the place where His Majesty is to come, to provide such a num∣ber of Carts and Carriages as the said Off∣cer shall need for that work; and to express the time and place where the said Carts and Carriages are to attend, and then these Ju∣stices are to require the Countrey to provide the number of Carts and carriages of four able Horses, or four Oxen and two Horses a piece; at six pence a mile for every mile they go laden, to be payd them in hand at the place of Lading; and no Carriage to be enforced to travel above One dayes journey from the place where they receive their lading; and if any refuse, or shall not be ready at the time and place, and having not good cause to the contrary, the Justices upon proof there∣of by two witnesses, or the oath of the Con∣stable or other officer may (by their warrant) cause to be levied by distress and sale of the offendors goods 40. Shillings.

13 Car. 2. chap. 8. If any Justice of peace or officer take any gist to spare any person from making such Carriage, or shall press more Carriages than is directed from

the Green-cloth, the offendor forfeits Ten pounds, to be recovered by any person by Action of Debt in any Court of Record.

12 Car. 2. ch. 24.13 Car. 2. ch. 8. No pre-emption shall be allowed to the King, His heirs or successors, nor to the Queen or any of the Children of the Royal Family, in market or out of market; but all subjects may dispose of their goods as they please: And if any person shall make any Purvey∣ance, or impress any Carriages (otherwise than is appointed by 13 Car. 2. ch. 8. by or∣der from the Green-cloth) or other things by colour of any authority of Purveyance for the King, &c. contrary to the Act 12 Car. 2. ch. 24. then two or one Justice of the peace next adjoyning, and the Constable of the place where such offence is committed, upon complaint of the party grieved may send the offendor to the Gaol, until the next Sessions, there to be indicted for the same: And the party grieved may have his Action against the offendor, and therein shall recover treble Damages and treble Costs.

14 Car. 2. ch. 20. Two or more Justices of the peace by Warrant from the Lord High-Admiral of England, or two or more of the principal Officers, or Commissioners

of the Navy, or the Master of his Majesties Ordnance, or the Lieutenant of His Ord∣nance, are to provide Carriages with horses and oxen out of the Countrey, not being above twelve miles distant from the place of Lading; the owners of which Carriages or their servants are to receive Twelve pence a Mile for every Load of Timber, and Eight pence a Mile for every Tun of other com∣modities. And such persons as neglect or refuse to make their appearance, upon oath thereof made before the Justices by the Constable or two witnesses, the person re∣fusing or neglecting forfeits Twenty shil∣lings, to be levied by distress and sale of his Goods by warrant from the said Justices, Mayor or other chief Officer, or from the principal Officers or Commissioners of His Majesties Navy, or Master or Lieutenant of His Majesties Ordnance; rendring to the owner the overplus if any be, first de∣ducting the charge of Distreining.

Stat. ibid. No Horses, &c. or Land-carriage shall be forced to travel more dayes-journey from the place where they receive their lading, nor be compelled to continue longer in the employment than the said Ju∣stices shall appoint; and that ready mo∣ney be paid to the parties in hand at

the place of Lading, according to the Rates aforesaid.

The Act of 14 Car. ch. 20. & 13. cap. 8. are to continue until the end of the first Ses∣sion of the next Parliament.

High-wayes. 14 Car. 2. ch. 6. The Churchwardens, Constables, or Tything∣men of every parish, are upon Monday or Tuesday in Easter-week (after notice given publickly in the Church the Sunday before) after Morning prayer ended, with the advice and consent of the major part of the Parish then present, to chuse two or more sufficient Inhabitants of the place to be Surveyors for the High-wayes for the Year following; and give notice thereof to the parties cho∣sen in writing, under pain of Five pounds.

This Act is to continue until the end of the first Session of the next Parliament.

2, 3 P. & M. ch. 8. The Churchwar∣dens and Constables, &c. offending herein, may be punished by Fine or Amerciament at the Quarter-Sessions, by the discretion of the Justices.

Stat. ibid. P. & M. & 5 Eliz. ch. 13. The Constables and Churchwardens are then also to appoint six dayes between that and the four and twentieth day of June, for

the Amendment of the High-wayes, and to give publick notice thereof in the Church the next Sunday after.

Stat. idem. Stewards in Leets have power to inquire after the breach of this Statute about High-wayes, and to set Fines upon such as make default at their discretion; and shall within six weeks after Michaelmas deliver indented Estreats thereof under their hands and seals, viz. one part to the Bay∣liff or High-Constable of the Liberty, and the other to the Constable and Churchwar∣dens where the default was made.

Stat. idem. In default of presentment thereof in Leets, the Justices of peace may inquire thereof in their Sessions, and set such Fines as they or any two of them (whereof one must be of the Quorum) shall think fit, whereof the Clerk of the peace shall deliver indented Estreats in manner as is aforesaid.

Stat. idem. Dalton, J. P. ch. 76. fol. 71. These Estreats of Stewards of Leets or Clerk of the peace shall be a sufficient War∣rant for the Bayliff or chief Constable to levy the said Fines by way of distress; and if no distress can be found, or the party do not pay the Fine within twenty dayes after de∣mand thereof, he or they shall forfeit double

so much; All which Fines and forfeitures shall be bestowed on the High-wayes in the same Parish, by the Constable and Church∣wardens there.

Stat. idem. Dalt. J. P. ch. 26. fol. 70. The Bayliff or High-Constable is yearly be∣tween the first of March and last of April, to render unto the Constable and Church∣wardens, to whom the other part of the E∣streat was delivered, a true Account of the Moneys received by them, in pain of forty Shillings. And the said Constables and Churchwardens have power to call the Bay∣liff or High-Constable before two Justices (one of the Quorum) to pass the Account, who have power to commit such Bayliff or High-Constable, until they have satisfied all the Arrerages by them received.

Stat. idem. Upon passing their Account every Bayliff or High-Constable shall be al∣lowed Eight pence for every Pound col∣lected, and Twelve pence for the fee of the Estreat delivered.

Stat. idem. Dalt. ch. 26. f. 21. Any two Justices of peace upon complaint to them made by the succeeding Constables and Churchwardens may call before them the precedent Constables and Churchwardens,

and compel them to pay in all Arrerages in their hands.

18 Eliz. ch. 10. The Surveyors by warrant from two Justices of the peace, are to levy by distress and sale of goods, the Forfeitures of all such persons as offend in not scowring their Ditches, &c. and if they neglect to levy the Forfeiture for the space of a year after the offence committed, then the Justices may send to the Constable and Churchwardens to levy the same.

14 Car. 2. ch. 2. Constables or other officers by warrant from any of His Majesties Justices of either Bench, Barons of the Ex∣chequer, or Justices of the peace to them directed, are to levy by distress and sale of the offendors goods, all such penalties as shall be forfeited by the said Act touching repairing the High-wayes and Sewers, and for paving and keeping clean the Streets in and about the Cities of London and Westmin∣ster; and for default of distress, or non∣payment of the said Penalties within six dayes after demand thereof, or notice in writing left at the house or dwelling place of the of∣fendor by the said Constable or other officer; the said offendor (not being a Peer of the Realm) may be committed to the common Gaol of the said County or City, by warrant

of any such Justice under his hand and seal, there to remain without bayl or mainprize until payment thereof be made.

CHAP. VIII. The Constables office about Forein Bone∣laces, &c. Chimney-money, Cu∣stoms, Excise, Fish.

1. FOrein Bone-laces, &c. Constables upon Warrant to them directed from the Justices of peace, or chief officers of Cities and Corporate-Towns, &c. are to search in their several Counties, Cities, Towns and Liberties, in the Shops being open Ware-houses, and dwelling-house of such person or persons who shall be suspected to have any Forein Bone-laces, Cut-works, Embroideries, Fringes, Band-strings, But∣tons, or Needle-works, made of Thred, Silk; or any or either of them made in the parts be∣yond the Seas, and where they find any such to seize the same.

2. Chimney-money. 16 Car. 2. ch. 3. All Justices of the peace, chief Magistrates, Treasurers and Under-Treasurers, Consta∣bles,

and other His Majesties officers, are within their several Liberties and Jurisdi∣ctions to ayd and assist His Majesties offi∣cers appointed for the collecting of the Duty of Hearth-money.

Stat. idem. The Officers appointed by His Majesty for the Chimney-money, once every year, being accompanied with the Constable or Tythingman, Treasurer or Under-Treasurer, or other publick officer of the Peace; and in all Parishes and places where there are no Constables, Tythingmen or other publick officers as aforesaid, there without any such assistance may enter in the day time into any dwelling or other House, Edifice, Lodging, and Chambers in any of the Inns of Court or Chancery, Colledges and other Societies, to search and examine whe∣ther there be any more Fire-hearths and Stoves in the same than were formerly Re∣turned or certified, and what are increased or decreased since the last Certificate; And if they find any variance in the Number re∣turned, both the Officer and Officers ap∣pointed by His Majesty, and the Constable or Tythingman, or other Officer aforesaid are to certifie the same under his or their hands to the Clerk of the peace.

Stat. idem. If the party after demand

made by His Majesties officers, or their de∣puties at the house, chamber, or place where the duty shall grow due, make default or refuse to pay, by the space of one hour after such demand, then the officer or his deputy, with the assistance of the Con∣stable or Tythingman, or other Officer, may at any time in the day levy the said duty and all the Arrears thereof, by di∣stress and sale of the goods of the parties making default, rendring the overplus to the owners; deducting necessary charges for taking the distress: which charges are not to exceed one moiety of the Duty and Arrears.

16 Car. 2. cap. 3. No arrears of Hearth∣money are to be distreined for, after the space of two years next after such duty becomes due. And if any violence, opposition, or injury be done by any person or persons to any of His Majesties officers or their depu∣ties, in the due execution of their office, Oath being made there of before any one Ju∣stice of the peace or chief Magistrate, &c. such Justice or the Magistrate, if they think fit, may commit the offendor to the common Gaol, for any time not exceeding one Moneth.

Stat. idem. The Constables are to have

two pence in the pound, paid them by the Collector to whom they pay the Chimney-money, by them collected; and are to pay nothing to the Collectors for their Ac∣quittances.

3. Customes. 12 Car. 2. ch. 19. Any person having a Warrant from the Lord Treasurer or any of the Barons of the Exche∣quer, or chief Magistrate of a Port, for the search of Uncustomed goods, may with the assistance of a Sheriff, Justice of the peace, or Constable, (who are to be aiding and assisting upon request) may enter into any House in the day time where such goods are suspected to be concealed; and in case of resistance, may break open such House and seize and secure such goods.

Stat. idem. No House is to be entred, unless it be within one Month after the of∣fence supposed to be committed; and if the Information whereupon the House shall come to be searched do prove false, the party injured shall recover full Costs and damages against the Informer by Action of Trespass.

14 Car. 2. ch. 11. Such persons as are authorized by Writ of Assistance out of the Exchequer, are to take a Constable, Head∣borough or other officer inhabiting near the

place, and in the day time to enter into any house, shop, cellar, warehouse, room, or other place; and in case of resistance break open the doors, chests, trunks, and other package there to seize, and from thence to bring any kind of goods or Merchandize whatsoever prohibited and uncustomed, and to put and secure the same in His Majesties Storehouse in the Port next to such place where the seizure shall be made.

Idem. All Officers belonging to the Admiralty, Chaplains and Commanders of Ships, Forts, Castles, and Blockhouses; and all Justices of peace, Mayors, Sheriffs, Con∣stables and Headboroughs, and other the Kings officers and subjects whatsoever whom it may concern, are to be aiding and assisting to all and every person and persons which are or shall be appointed by His Ma∣jesty to manage his Customs; and if the Officers of the Customs, or any acting in ayd of them, shall be sued, indicted, prosecuted or molested; such persons, their Heirs, Executors, and Administrators may plead the general issue, and give the several Acts re∣lating to the Customs, or any of them in evidence.

4. Excise. 12 Car. 2. ch. 23, 24. Ga∣gers employed by the Commissioners of

Excise, are to take the Constable with them when they enter by night into any house, to Gage their Coppers, Fatts or vessels; or to take an account of their Liquors made, brewed, or distilled in their Houses.

Idem. Such persons as shall be con∣victed before the Justices of peace, or Com∣missioners of Excise, of any offence and for∣feiture within the Acts of Excise; the Con∣stables by warrant from the Justices of peace are to levy the Penalties upon the goods of the offendors by distress and sale thereof, (rendring the overplus;) and for want of distress, they are to convey the offendors to the Gaol, there to remain until satisfaction be made.

And the Constables upon warrant are to summon Alehouse-keepers, &c. to appear before the Commissioners at such places and times as shall be appointed in the War∣rants.

CHAP. IX. Concerning disturbing of Ministers, Swearing, Recusants, Conventicles.

1. Disturbing of Ministers. 1 Mar. Sess. 3. ch. 3. Wingate's Stat. tit. Sacraments. Dalt. J. P. ch. 41. fol. 103. If any person purposely without Authority, disturb a Preacher lawfully Licensed, in preaching, praying, or administration of the Sacraments, either by talking, laughing, humming or the like; any Constable or Churchwarden of the place ought presently to apprehend the party, & carry him before a Justice of the peace of the same County, who may commit him to safe custody; and with∣in six dayes after, with another Justice of the peace they may examine the matter: And if they find it true by two Witnesses, they must commit him to the common Gaol, there to remain for three Months, and from thence to the next Quarter-Sessions; at which upon the parties reconciliation, and entring into security for one whole Year, he may be re∣leased; (at the discretion of the Justices)

but if he continue still in his obstinacy, he must continue in Prison without bayl till he be penitent.

Idem. He that Rescues an offendor in this kind, shall suffer like Imprisonment, and forfeit Five pounds; and the Inhabitants that suffer such an offendor to escape, being presented before the Justices at their Sessions of the County or Corporation where the offence was made, do also forfeit Five pounds.

2. Prophane Swearing. 21 Jac. ch. 20. 3 Car. 1. ch. 4. If any person shall prophanely Curse or Swear, they forfeit Twelve pence for every time so offending; the offence must be presented within Twen∣ty dayes, and proved by two Witnesses, or confession of the party before a Justice of peace or Head-officer of a City or Town-corporate, who may thereupon issue out their Warrant to the Constables, Church∣wardens and Overseers of the poor of the Pa∣rish where the offence was committed, to levy the Forfeitures by distress and sale of the offendors Goods, rendring the overplus to the owner, if any be.

Idem. Where no Distress can be found, the offendor (if above Twelve years of age) shall by warrant from a Justice, &c. be set

in the Stocks three whole Hours. But if the offendor be under Twelve years of age, and do not forthwith pay the forfeiture of Twelve pence per Oath, then must such offendor be whipped by the Constable, or by the Parent or Master in the presence of the Constable.

3. Recusants. 3 Jac. ch. 4. The Con∣stables and Churchwardens of every Parish or one of them, or High-Constable of the Hundred are once a year to present at the Sessions of the Peace, the Monthly absence from the Church of all Recusants and their Children above Nine years old, and their Servants; on pain to forfeit for every such default respectively Twenty shillings: which Presentment the Clerk of the Peace or Town-Clerk is to Enroll without fee, on pain of Forty shillings.

7 Jac. 6. If the Minister, Churchwar∣dens or Constable of any parish, or any two of them shall complain to any Justice of the peace, of any person suspected for Recu∣sancy, then any such Justice may tender the Oath of Supremacy to the person suspected; and if he refuse to take it, the Justice may commit the party to the Gaol, there to re∣main until the next Assizes or Sessions of the Peace: And then if the party refuse again,

he is in Praemunire; but if it be a Feme∣covert she shall only be imprisoned, there to remain without Bayl until she will take the said Oath.

4. Conventicles. 16 Car. 2. ch. 4. If any Constable, Headborough, or Tything∣man neglect to execute the Warrants to them directed for Sequestring, distraining, and selling the Estate or goods of any sedi∣tious Conventicler to be transported; or neglect to distrain and sell the goods and chattels of such offendor for the levying of such summs of money as shall be imposed upon them for the first and second offence; in such cases the officer so offending for his neglect shall forfeit Five pounds, the one moiety to the King, the other moiety to him that will sue for the same in any of His Ma∣jesties Courts of Record.

16 Car. 2. cap. 4. If any person be at any time sued for putting in execution any of the powers in the Act against seditious Conventicles, such person shall and may plead the general issue, and give the special matter in evidence; and if the Plaintiff be nonsuit, or a verdict pass for the Defendant, or if the Plaintiff discontinue his Action, or if upon demurrer Judgement be gi∣ven for the Defendant, every such De∣fendant

shall have his or their treble Costs.

22 Car. 2. ch. If any person of the age of Sixteen years and upwards, being a sub∣ject of this Realm, after the Tenth of May 1670. shall be present at any Assembly, Conventicle or Meeting, under colour of Religion, in other manner than according to the Liturgy of the Church of England in England, Wales, or Berwick upon Tweed: at which Conventicle there shall be Five persons or more over and besides those of the same Houshold, if in a house where a Family is residing, or if in a House, Field or place where no Family inhabits, then where Five persons or more are so Assembled, one or more Justices of the peace of the County, limit or division, &c. or the Chief Magi∣strate of the place where the offence is com∣mitted, are required upon proof to him or them made by Confession of the party, or Oath of two Witnesses, or by notorious evi∣dence and circumstance of the fact, to make a Record of every such offence; And there∣upon the said Justice, &c. shall impose upon every such offendor so convict, a fine of Five shillings for such offence, which Record to be certified to the next Quarter-Sessions of the peace.

2. And if the said person so convicted shall again commit the like offence, he shall for every such offence incurr the penalty of Ten shillings, the said fines to be levied by distress and sale of the offendors goods and chattels, and in case of poverty, on the goods and chattels of any persons then con∣victed for the same offence at the same Con∣venticle, at the discretion of the Justices, &c. so as the summ to be levied upon one in case of poverty, of others exceed not Ten pounds upon occasion of one Meeting. And every Constable, Headborough, Tything∣man, Churchwardens and Overseers of the poor, are required to levy the same accord∣ingly, having first a Warrant, and forthwith to deliver the said moneys to the Justi∣ces, &c. of which one Third to be to the King, another Third to the Poor of the pa∣rish where the offence was committed, and the other Third to the Informers and such persons as shall be diligent in the disco∣very, dispersing and punishing of the said Conventicles.

3. Every person that shall take upon him to Teach or Preach in any such Meet∣ing, &c. and shall be convicted as aforesaid, shall forfeit for the first offence Twenty pounds, to be levied as aforesaid: And if

he be a stranger, and his name and habita∣tion not known, or is fled and cannot be found, or in the judgement of the Justi∣ces, &c. shall be thought unable to pay the same, the said Justices, &c. are required to levy the same by warrant upon the goods and chattels of any person present at the same Conventicle, the money so levied to be dis∣posed as aforesaid; and for the second offence shall incurr the penalty of Forty pounds, to be levied and disposed as aforesaid.

4. Every person that shall suffer any such Conventicle or Meeting, &c. to be held in his or her House, Out-house, Barn, Yard, or Backside, and convicted thereof, shall forfeit Twenty pounds, to be levied as aforesaid; and in case of his or her Poverty, upon the goods of any convicted of being present at the same Conventicle.

5. Provided no person shall pay above Ten pounds in any one Meeting, in regard of the Poverty of any other.

6. Any offendor aggrieved, may within one week after the penalty paid or levied, appeal in writing to the next Quarter-Sessions, to whom the Justices, &c. that convicted the offendor, are to return the money, and certifie the evidence upon which the conviction past, whereupon such offendor

may plead and have his Tryal by a Jury. And if such Appellant shall not be acquitted, he shall pay treble Costs; and no Court but the Quarter-Sessions shall meddle with Causes of Appeal upon this Act.

7. Upon the delivery of such Appeal, the Appellant shall enter into a Recognizance to prosecute with effect, or else the Appeal to be void.

8. The Justice, Justices of the peace, &c. or the Constables by warrant, may with what ayd or force they shall think fit, after re∣fusal, break open and enter into any house or place where such Conventicle shall be held, and take into custody the persons there un∣lawfully Assembled; and the Lieutenants, Deputy-Lieutenants, or any Commissioned Officer of the Militia or other His Majesties Forces with horse and foot, and also the She∣riffs and other Magistrates and Ministers of Justice upon Certificate to them made of such unlawful meeting, are required to re∣pair to the place where they are so held, and dissolve or prevent the same, and take into their custody such persons so assembled as they shall think meet.

9. The dwelling-house of a Peer, where his Wife is resident shall not be searched, but by immediate Warrant from the King, or in

the presence of the Lieutenant, Deputy-Lieutenant, or Two Justices, of which one of the Quorum.

10. If any Constable, Headborough, Ty∣thingman, Churchwarden, or Overseer of the Poor shall know or be informed of any such Meetings or Conventicles within his precincts, parish, &c. and shall not inform some Justice of peace or chief Magistrate, but omit the performance of his duty in the execution of this Act, and thereof be con∣victed, shall forfeit Five pounds; and every Justice of peace or chief Magistrate so of∣fending shall forfeit an Hundred pounds, the one moiety to the Informer.

11. If any person be sued for putting this Act in execution, otherwise than by Appeal as aforesaid, he may plead the general Issue, and upon a Nonsuit or Verdict past for him, recover treble Costs.

12. This Act and all clauses therein shall be construed most largely and beneficially for the suppressing of Conventicles, and justification of all persons employed in the execution of this Act.

13. Provided every offence against this Act must be prosecuted within three Moneths, and no person punished by this shall be punished by any other Law.

14. Aldermen of London have the same power as Justices, and lyable to the same penalties for neglect of their duties.

15. A Feme-Covert offending, and co∣habiting with her Husband, the penalties of Five and Ten shillings shall be levied upon the goods of the Husband.

16. No Peer shall be attached, or im∣prisoned by virtue or force of this Act.

17. This Act shall not invalidate His Majesties Supremacy in Ecclesiastical affairs.

CHAP. X. The Churchwardens Office.

THe antiquity of the Office of a Church∣warden, when first they received that title is very uncertain; but so Ancient it is, that some are of opinion, that 87. years after Britain had received the Christian Faith, which most Historians do agree was planted here in the Reign of King Lucius, in the year of CHRIST 180. who is hitherto stiled the first Christian King of this Isle; and that Dionysius in the year 267. did divide both in Rome and other places to Bishops their Diocesses, and Parishes, Churches and

Churchyards to Priests, Vicars and Curates; but whether at that time, or how long after Churchwardens were instituted, is not cer∣tainly known.

But all Authors do agree that they are very antient Officers, and M^r. Lambert saith in this Duty of Churchwardens, pag. 46. That these Churchwardens of Parishes are at the Common Law taken in the manner of a Corporation, 12 H. 7. ult. that is to say, Churchwardens at the Common Law are per∣sons enabled by that name, to take moveable goods or chattels, and to sue or be sued at the Law concerning such goods for the use and profit of their Parish.

Lib. Intrat. fol. 576. A man may in his life time give, or in his last Will bequeath, money or other moveable things to the Churchwardens or Parishioners, either for the repairing of their Parish-Church, or for the buying of Books, Communion-Cups, or linen Clothes, or other decent Ornaments or Furniture for the Church; and it is not needful in such a Gift for a man to use ex∣press words or writing.

11 H. 4.12. 8 H. 7.12. If a man buy a Bell and hang it up in the Steeple, or do make a Pew and set it up in the Church, and do neither make any word or writing thereof,

yet by this is the Bell or Pew dedicated or given to the Church.

37 H. 6.30, & 34. 11 H. 4.12. The Churchwardens have no Action at the Com∣mon Law to recover a Legacy, nor any thing which they never had; but if any goods or ornaments of the Church be once in their possession and custody, they may maintain an Appeal of Robbery against him that stealeth them, and an Action of Trespass against him that shall wrongfully take them away, although it be the Vicar or Parson himself; and the damages that shall be recovered thereby shall be to the use of the Parish, and not to their own use.

Fitz. Nat. Br. 91. K. But if those Churchwardens (from whom the Goods were so taken) shall happen to dye before any Action by them brought for the Goods, the succeeding Churchwardens shall have an Action for the same Goods.

Canon. Ecclesiastic. 89, 90. In the Book of Constitutions and Canons Ecclesiastical, agreed upon in the Synod begun at London anno Dom. 1603. and in the first year of King James, it is appointed that Church∣wardens, Quest-men, Side-men, or As∣sistants in every Parish, shall be chosen by the joynt-consent of the Minister and the

Parishioners if it may be; but if they cannot agree upon such a Choice, then the Mini∣ster shall choose one, and the Parishioners another: and without such a joynt or several Choice none shall take upon them to be Churchwardens; neither shall they continue any longer than one Year in that Office, except they be chosen again in like man∣ner: and they are to be yearly Chosen in Easter-week.

But notwithstanding this Canon, where there is an antient Custom in any Parish for the choyce of Church vardens contrary to the Canon, in such case the Custom is to be ob∣served before the Canon; as shall be in∣stanced in several Cases. viz.

The Parishioner Case of Rovenden in Kent. Rolls Cases, part 2. fo. 287. P. 5 Jac. B.R. If the parishioners of a Parish have used time out of mind, &c. to choose one Churchwarden, and the Parson or Vicar another, and afterwards a Canon is made, that the Vicar shall elect two, and he do so accordingly; and the Parishioners elect one, according to their custom, and the Ordinary disallows him, and confirms the other two chosen by the Vicar, in this case a Prohibition shall be granted.

Tr. 7 Car. 1. B. R. betw. Shirley and

Brown, Rot. 1391. Rolls 2 part, fol. 287. A Prohibition was granted against a Church∣warden chosen by the Parson of S^t. Magnus by London-Bridge by force of a Canon, upon a surmise that the Parish had a custom to choose two Churchwardens.

Warner's Case, B. R. P. 17 Jac. The like was granted against a Churchwarden chosen by the Parson of S^t. Alhallows, London.

P. 5 Jac. Cro. 2. part Rep. The Case of the Parishioners of Walbrook, London.

P. 15 Car. 1. B. R. The like against a Churchwarden chosen by the Parson of S^t. Thomas in London, Cro. 3. part, Evelyn's Case.

Pasc. 4. ca. 1. B. R. rot. 420. Rolls Ca∣ses, 2. part, fo. 287. The like granted be∣tween Draper and Stone, for Abchurch in London.

An Attorney cannot be made a Church∣warden; but if he be put in, and refuse, and be sued in the Spiritual Court, he may have a Prohibition. Wilson's Case, P. 14 Car. 1. B. R. and Baker's Case, Tr. 15 Car. 1. B.R. Rolls Cases, 2. part, so. 272.

15 Car. 2. cap. 5. All Vestrey-men or members of any Vestrey within any parish in London, Westminster, Borough of South∣wark, and Bills of Mortality; and in all

other Cities, Boroughs, and Towns-corpo∣rate in England, where select Vestries are used, are within one Moneth after their Ele∣ction, before the respective Archbishop, Bishop, Ordinary, Vicar-general, or Chan∣cellor of the Diocess, to make and subscribe as followeth, viz.

I A. B. do declare, That it is not lawful upon any pretence whatsoever, to take up Armes against His Majesty, and that I do abhor that Trayterous position of taking Arms by His Majesties authority against His Person, or against those that are Com∣missionated by him: And that I will Conform to the Liturgy of England, as it is now esta∣blished: And I do declare, That I hold there lies no obligation on me, or on any other person, from the Oath commonly called, The Solemn League and Covenant, to endeavour any change or alteration of Government either in Church or State: And that the same was in it self an unlawful Oath, and imposed upon the subjects of this Realm against the known Laws and Liberties of this Kingdom.

Stat. idem. He that refuses to make this Subscription within the said time, is ipso facto deprived of his place of Vestry-man, and a new one is to be chosen in his stead; and if such new one also refuse to subscribe, or if such person who shall have right of Ele∣ction, shall not Elect within one Moneth after the vacancy, the Archbishop, Bishop, or Ordinary of the Diocess, may under his hand and seal Elect a discreet person of the Parish, who after such Subscription is to stand. This Act is to continue till the end of the first Session of the next Parliament.

Canon 90.5 Ed. 6. ch. 1. The Church∣wardens are diligently to see that all the Pa∣rishioners duly resort to their Parish Church on Sundays and Holydays, and there con∣tinue the whole time of Divine Service; and none to walk, or stand idle, or talking in the Church, Church-yard, or Church-porch during that time; and all such as shall be found slack or negligent in resorting to the Church, (having no great or urgent cause of absence) they shall earnestly call upon them; and if they amend not after due Admonition, they must present their names to the Ordinary of the place.

1. El. ch. 1. Hobart's Rep. fo. 97. If the Churchwardens find any person absent from

the Church upon Sundayes or Holidayes in the time of Divine Service, Preaching or other Holy exercise, such person is to pay Twelve pence to the use of the poor. And this extends as well to all Women Covert, as to other persons; or the Churchwardens may present such offendors in the Ecclesiasti∣cal Court; but they must not pay Twelve pence, and be Presented too.

The same Forfeiture is against all such as open their Shops, or work on Holydayes; which if it were duly put in execution, the poor might be better provided for, but I doubt too many Officers are guilty thereof themselves.

4 Jac. ch. 5. If the Officers find any tipling in any Inn or Alehouse in the time of Divine Service, then they forfeit 3. s. 4. d. more for Tipling, besides the Twelve pence for being absent from the Church: And the Master of the house that suffers them to drink forfeits Ten shillings, which forfeitures are to the use of the Poor.

Can. 88. The Churchwardens or Quest-men & then Assistants shall suffer no Plays, Feasts, Banquets, Suppers, Church Ales, Drinkings, Temporal Courts or Leets, Lay-Juries, Masters or any other Prophane usage to be kept in the Church, Chappel or Church∣yard;

neither the Bells to be rung supersti∣tiously upon Holydayes or Eves abrogated by the Book of Common Prayer, nor at any other times without good cause to be al∣lowed by the Minister of the place and by themselves.

Canon 50.85. Neither the Minister, Churchwardens, nor any other Officer of the Church shall suffer any man to Preach with∣in their Churches nor Chappels, but such as by shewing their License to Preach, shall appear unto them to be sufficiently authorized thereunto.

And the Churchwardens and Quest-men are also to see that in every meeting of the Congregation the peace be well kept; and that all persons Excommunicated and so denounced, be kept out of the Church.

Finch, lib. 2. ch. 17. pag. 179. Rolls Cases, 1. part, fo. 393. Although, as I have said before, the Law doth make Churchwardens a kind of Corporation, and enables them by that name to take moveable Goods and chattels, and to sue and be sued at Law concerning such Goods for the use and benefit of their Parish; yet they cannot take an Estate of Lands to them by name of Churchwardens; for if a Feoffment be made to the use of the Churchwardens of H. this

use is void, for they have no capacity to take such purchase.

Neither can Churchwardens prescribe to have Lands to them and their successors, for they are no Corporation to have Lands, but for Goods of the Church only.

If a Bell be broken, the Churchwardens may have an Action against him that brake it, and shall recover damages, which shall be to the use of the Parish, and not to their own use.

The Churchwardens have no such pro∣perty in the Goods of the Church, as there∣by to have power to give, sell, release, hurt or impair them, without the assent of the Side∣men or Vestry.

Finch. lib. 2. ch. 17. pag. 179. If the Churchwardens shall give, or impair the goods of the Church in their custody, the Parishioners may choose new ones, who may have an Account against their predeces∣sors.

Trin. 21 Jac. Ban. Regis. Rolls Cases, 1. part, fol. 393. If the Organs be taken out of the Church, the Churchwardens may bring an Action of Trespass for the same; for the Organs belong to the Parishioners, and not to the Parson: and therefore the

Parson cannot sue the party in the Ecclesia∣stical Court that took them.

10 H. 4 fol. 9.8 H. 6. fol. 9. If the Walls, Windows or Doors of the Church be broken down, or the Trees in the Church∣yard be cut down, or the Grass thereof be eaten up, in this case the Parson or Vicar, and not the Churchwardens, shall have an Action for it. A Parson may bring his Action for breaking and entring into his house and close, when it is the Church and Church∣yard.

Mich. 16 Jac. Com. B. Rot. 716. Smith and Pannel's Case. If the Churchwardens present in the Ecclesiastical Court, That one A. B. one of their Parishioners is a Railer, and sower of Discord amongst his Neighbours, in such case there lyes a Pro∣hibition; for this belongs to the Leet, and not to the Spiritual Court, unless such Railing were in the Church or Church∣yard.

If the Churchwardens sue in the Eccle∣siastical Court for a Church-way which they claim to belong to all the Parishioners by prescription, a Prohibition lyes, for this is a Temporal cause.

If the Churchwardens of H. sue R. A. in the Ecclesiastical Court, for that he and

all those whose Estate he hath in such an House, &c. at the Perambulation or Pro∣cession of the Parishioners of the Parish, did use to provide a Refreshing for them, with Bread, Cakes, Cheese, and Ale, &c. and suffer them to rest there; in this case a Pro∣hibition will be grauted, for that they claim it in the nature of a Corrody.

A Corrody was a reasonable allowance of meat, drink, bread, money, clothing, lodging, and such like sustenance; which every Founder of Abbies, Priories, Nun∣neries and other Houses of Religion had in the same Houses when they were standing; for his Father, Brother, Cousin or other man that he would appoint should take it, if it were a house of Monks; and if he were a Founder of a house of Nunns or Women, then the same for his Mother, Sister, Cou∣sin or other woman that he would direct thither:

And alwayes this was provided for, that he that had a Corrody in a house of Monks, might not send a Woman to receive it; nor where a Corrody was due in a Nunnery, there it was not lawful to send a Man to receive it; for in both cases such Presentation was to be rejected.

The Churchwardens are to look to the

repair of the Seats in the Church, but the disposing of the Seats in the Body of the Church belongs of common right to the Or∣dinary of the Diocess, so that he may place and displace whom he pleases, except in some cases.

For, the Ordinary hath nothing to do with the Seats in the Chappels belonging to the houses of Noble men.

And if a man and his Ancestors, and all those whose Estate he hath in a certain Mes∣suage, have used time out of mind to repair an Isle of the Church, and to sit there, and none else; in such case the Ordinary cannot displace him, because he hath it by Pre∣scription, for a reasonable consideration.

If a man prescribe that he and his Ance∣stors, and all those whose Estate they had in a certain Messuage, did use to sit in a certain Seat in the body of the Church time out of mind, in consideration that he and they have used time out of mind to repair the said Seat, if the Ordinary remove him from such Seat, a Prohibition may be brought; for the Ordinary hath no power to dispose of it: for it is a good Prescription, and by intendment a good consideration for the same.

But if a man prescribe to have a Seat in

the body of the Church generally, without consideration to repair the same, in such case the Ordinary may displace him.

37 H. 6.30. 11 H. 7.27. Canon 20, 70, 80, 81, 82, 83, 84, 85. The Church∣wardens are to see that the Church and Churchyard be well repaired and kept clean; and they are to provide Books of Common Prayer, Books of Homilies, a Parchment-Book for Registring of Christnings, Wed∣dings and Burials in; Fonts, Pulpits, Ta∣bles, Chests for Alms, Communion-Cups, Ornaments and other Furniture, and a Chest with three Locks and Keys for putting the same in: And they are to provide Bread and Wine for the Sacrament, according to the number of the Communicants.

And they may Rate the Parish for money to defray their Charges.

Their Rates are to be done by the Church∣wardens with the assent of the greater part of the Parishioners, and upon a general warning given before they meet for that purpose; And the Ecclesiastical Court hath cognizance of the reparation of the Body of the Church.

Co. 5. Rep. fo. 67. If a man dwell in one Parish, and have Lands in another Pa∣rish which he occupies there, he may be

charged for such Lands for the Reparation of the Church of the Parish where the Lands lye.

Co. ibid. If an Inhabitant of one Parish lease out his Lands which he hath in another Parish, reserving Rent, then he shall not be charged in the Parish where the Lands lye, because there is a parishioner and inha∣bitant who may be charged.

If a man live in one Parish and occupy Lands in another Parish, he shall not be charged in that Parish where the Lands lye for the Ornaments of the Church according to his Land; for the Inhabitants only ought to be Rated for them.

Neither can a man be charged in the Pa∣rish where he doth inhabit, for the Lands which he occupieth in another Parish, to∣wards the Reparation of the Church in the Parish where he liveth; because then he might be twice charged, for he may be charged in the Parish where the Land lyes.

M. 13 Jac. C. B. If there be a Chap∣pel of Ease within a Parish, and one part of the Parish have used time out of mind to re∣pair the Chappel themselves without the rest of the parishioners, and there to hear Service and Marry, and all other things, but

only that they Bury at the Mother-Church; notwithstanding they must contribute to the reparation of the Mother-Church.

If some parishioners be Rated and others are not, and those who are rated are sued in the Ecclesiastical Court, they must plead this matter in this Court, for they cannot have a Prohibition.

Where there are five Bells in a Church, and the major part of the parishioners agree that there shall be made a sixth Bell, which is made accordingly, and they make a Rate for the payment of it, this shall bind the remainder of the parishioners though they did not agree unto it; otherwise any obsti∣nate persons might hinder any thing in∣tended, and what is fit for the Ornament of the Church. Heckfield and Mattingly, &c.

Every man ought to be rated according to his personal Estate, and not according to his Lands for the Goods and Ornaments of the Church; and by a Land-rate for Church-reparations, though the occupier of the Lands live in another Parish.

These things are accounted Church-reparations, and are to be performed by a Land-rate, viz.

The Walls of the Church and Steeple, the Churchyard Walls or Rails; the

Windows and Barrs of Iron, and Glass, the Roof of Timber, with Laths, Nails, Prigs, Dogs and Bolts of Iron, the covering of Lead, Tyle, Slates or Shingles, the Floor with Stone or Paving-Tyle, the Doors with Locks, Keys, ridges, Hooks and Nails; the furniture of the Steeple, with Stairs, Floors, Bells, Wheels and Ropes; the Pul∣pit, and the Pews and Seats not made by private men.

These following are to be rated on the Inhabitants of the Parish, and not upon out-dwellers, viz.

The Communion-table and coverings thereof, the Communion-cups, the Bread and Wine for the Communicants, the Bible and other Books appointed to be in Churches, the Washing of the Communion-clothes, Candles for Lecture-dayes, the Surplice, Pulpit-cloth and Cushion, the Clerk and Sextons wages, and expences of the Churchwardens and Sides-men about the Parish-business.

The Churchwardens are to joyn with the Constables in making of Rates for the Re∣lief of the poor maimed Souldiers and Ma∣riners, and for conveying Prisoners to the Gaol, and to execute Warrants for the same.

14 Car. 2. ch. 2. The Churchwardens are to joyn with the Constables in the choosing of Surveyors for the Highways, and in the setting down of dayes for the work, and in the oversight of the High-Constables Account for the money they do receive up∣on any Forfeitures about the Highwayes; And they may with the ayd of two Justices (one of the Quorum) force High-Constables to account for and pay in what money they have received forfeited for default of High∣wayes; And to execute the Justices war∣rants for the penalties and forfeitures about cleansing the Street and repairing the High∣wayes.

18 Car. 2. ch. 4. The Churchwardens and Overseers of the poor are to execute the Justices Warrant for levying the penalty of Five pounds upon the parties Goods that is not Buried in Woollen, which penalty is to be employed to the use of the Poor.

14 Cor. 2. ch. 2. the Churchwardens in London, Westminster, and Borough of South-wark, &c. upon every Tuesday or Wednes∣day in Easter-week, together with the Constable, Overseers of the poor, and Surveyors of Highwayes in every Parish re∣spectively, or the greater number of them; giving notice, or calling together such other

inhabitants of their Parishes as have formerly born the like Offices, they or the greater number of them are to make choice of, and shall nominate and appoint two or more able persons that are Tradesmen of their pa∣rish to be Scvengers for the Streets, Lanes, and other open passages of each Ward or division within the said Parish for the Year next following, and until others be chosen and setled in their places.

Canon 89. The Churchwardens at the end of their Year, or within one Month af∣ter at the most, are before the Minister and Parishioners to give up a just Account of their Receipts and Disbursements; and at their going out of their Office they are to deliver up to the Parishioners what Money or other things of right belonging unto the Church which they have remaining in their hands, that it may be delivered over by them unto the next Churchwardens by Bill indented.

If the Churchwardens refuse to do this, they may be presented at the next Visitation-Court for it, or the succeeding Church∣wardens may bring their Action of Account against them at the Common Law, and compell them to it; and in this account they shall be allowed their needful Disburse∣ments

and Expences about the Parish busi∣ness.

Canon 116. The Churchwardens, Quest∣men or Sides-men shall not be bound to exhi∣bit their Presentments about once a Year where it hath been no oftner used, nor above twice a year in any Diocess what∣soever, except it be at the Bishops Visita∣tion; for the which Presentments of every parish Church or Chappel, the Register of the Court where they are to be exhibited shall not receive above Four pence in one Year, under pain of Suspension from the execution of his Office, the space of one Month for every offence toties quoties; But the Churchwardens may voluntarily present oftner if they please.

Canon 117. No Churchwardens, Quest∣men or Sides-men shall be called or cited but only at the time or times before limited, to appear before any Ecclesiastical Judge whatsoever, for refusing at other times to present any faults committed in their Pa∣rishes, and punishable by Ecclesiastical Laws; neither shall they or any of them, after their Presentments exhibited, at any of those times be any farther troubled for the same. Except it evidently appear that they did willingly and wittingly omit to present some

publick crime or crimes as they knew to have been committed, or could not be igno∣rant that there was then a publick fame of them; or unless there be very just cause to call them to explain their former Presentments: And in case of wilful omission, their Or∣dinaries shall proceed against them in such sort, as in causes of wilful Perjury in a Court Ecclesiastical, it is already by Law pro∣vided.

Canon 113, 118. One of the two times of Presentments is alwayes to be about a week or fortnight after Easter, at which time also the old Churchwardens are to leave their office, and new ones are to come in; but the new ones are not to be Sworn till the old ones have given in their Presentments; and every Parson or Vicar, or their Curates in their absence, are to joyn in the present∣ment with the Churchwardens, &c. and if the Churchwardens refuse to present, then every such Parson and Vicar, or in their ab∣sence their Curates may themselves present to their Ordinaries at all such times, and when else they shall think fit.

The summ of the Articles usually given to the Churchwardens to make their Present∣ments upon are these, viz.

1. Whether their Church and Chancel, Bells and Ropes be in good repair, and the Ten Commandments, Lords Prayer and Creed drawn out in fair Letters, the Kings Arms set up, Assessments made for the Re∣pair of the Church, and who refuses to pay?

If they have a Font, Communion-Table, Carpet, Table-cloth, Flagons with Cups and Cover for Bread and Wine, a Reading-Desk, a Pulpit with a Cushion and Cove∣ring for it, a fit Common-Prayer-Book of the largest volume, the Bible in folio of the last Translation, with a Book of Homilies, and Book of Canons, and a Surplice?

If the Tombs, Monuments and Grave-stones be safely kept from removing and breaking?

A Book of Parchment for Registring Christnings, weddings, and Burials, &c. a Chest with three locks to put the same and the Church-Ornaments in, with a Box for Alms, and a Table of degrees Prohibiting Marriage hung up in the Church?

If the Parsonage-house and Out-houses be

in good Repair, and the Churchyard well fenced to keep out Swine? &c.

2. Whether the Parson, Vicas, or Cu∣rate read the Common Prayer at Morning and Evening Service, wear his Surplice, bid dayes, Preach every Sunday, or read an Homily, Catechise, observe the Fifth of November, Thirtyeth of January, Twenty∣ty-ninth of May, and Second of September; and observe Perambulations, or going the Bounds in Rogation-week, preach sound Do∣ctrine, and vent no Sedition against the King or Government; celebrate the Lords Sup∣per three times every Year at least, whereof at Easter for one; Baptize Infants with Godfathers and Godmothers, visit the Sick and pray with them, Bury the dead accord∣ing to the Book of Common Prayer, Marry none clandestinely, Preach in his Gown, be a man of a sober and chast life, a Peace∣maker amongst his Neighbours, and one that takes care to reduce Sectaries. Re∣cusants, Separatists and Refractory Parsons to the obedience and doctrine of the Church, and reads the book of Canons to the people at least once every Year, and the 39. Arti∣cles Twice every year?

3. Whether all their Parishioners of due age resort to the Church to Divine Service, behave themselves reverently there, kneel, stand up, and make Answer to the Rubrick of the Common Prayer book? whether any work, or sell wares on Sundayes or Holydays, or whether Vintners, Victualers, Inn∣keepers or others to receive any to drink in their houses in the time of Divine Service?

Whether any Marry within the Degrees forbidden, or be Adulterers, Swearers, Blas∣phemers, Drunkards?

If any above Sixteen years of age do not receive the Lords Supper three times a year, whereof Easter to be one?

If any keep their Children Unchristned, Women that come not to be Churched, or any bring not their dead to be Buried after the Service of the Church? Or if any be Married without Banes or License at unlaw∣ful hours?

4. Whether their Parish-Clerk and Sex∣ton (if they have any) be duly chosen, can write and read, be of an honest life, and make the Responses to the Hymns and other Suffrages?

And if the School-Master, Physitian, Chi∣rurgeon, and Midwife (if they have any)

Teach or Preach without License? If the Churchwardens be duly chosen according to the Canon and Custom? &c.

CHAP. XI. The Office of the Overseers of the Poor.

ST at. 43 Eliz. ch. 2. 21 Jac. chap. 28. The Overseers of the Poor are to be chosen yearly and joyned with the Church∣wardens of the Parish, in the oversight and ordering of the Poor of the Parish; They are to be chosen by two or more Justices of the peace, (one whereof to be of the Quo∣rum) who are yearly under their hands and seals, at Easter or within one Month after, to appoint four, three, or two substantial Housholders, according to the greatness of the Parish, to be joyned with the Church∣wardens to look to the Poor of the Pa∣rish.

Stat. 43 Eliz. ch. 2. The major part of these Officers without the rest may do any thing belonging to their office, but they are to have the allowance and consent of two

Justices of peace (one of the Quorum) to every thing they do about their office. And these Officers, or such of them as are not hindred by just excuse, (to be allowed by two Justices) are to meet monthly in the Church on Sunday after Evening Prayer, to consider of matters concerning their office, and to use all possible diligence in their office, on pain of Twenty shillings for every such de∣fault.

Dalt. J. P. ch. 40. so. 98. The Parents that are able to work, and may have work, are to find their Children by their labour, and not the Parish; but if they be over-charged with Children, the Overseers are to help them, by putting out some of their Chil∣dren Apprentices.

Stat. 43 Eliz. chap. 3. Resolu. Judges, 16, 17. The Father, Grandfather, and the Children and Grandchildren of every poor impotent person not able to work, (be∣ing of sufficient ability) shall relieve such poor persons in such manner as the Justi∣ces of the peace of that County where such sufficient person dwelleth, at their general Quarter-Sessions shall Assess. And if such party refuse to abide the Order, they forfeit Twenty shillings for every Month to the Poor of the Parish; which

forfeiture is to be levied by the Church∣wardens and Overseers, or one of them, by Warrant from two Justices (one of the Quo∣rum) by distress and sale of the offendors goods; and for want of Distress two such Justices may commit the offendor to pri∣son, there to remain till the said Forfeiture be paid.

But if a man marry a Grandmother that hath no Estate, the Grandfather-in-Law is not chargeable; but if she have an Estate caused without such Marriage, or that comes after Marriage by descent or otherwise to her, here he may be charged; but he can be charged in no case longer than his Wife lives.

Bastard-children are not within this Law, neither can the Justices do any thing here∣in against a man that lives out of their County.

Resol. Judges, 15. No Poor may beg but in their own Parish, and there by Li∣cense of the Overseers of the poor; and they may not license them to beg in the High∣wayes there.

1 Jac. 7. No inhabitants may serve any Poor at their door but those of their own Parish, that have License from the

Overseers of the poor to Beg, on pain of Ten shillings for every default.

Stat. 43 Eliz. 2. The Overseers to make provision for a poor man that wants a house, (but not for a common Herdsman or Shep∣herd) with consent of the Lord of the Ma∣nor by writing under his hand and seal, ei∣ther by themselves or with a Sessions order, may erect a Cottage upon any part of the Waste of the Manor, and lodge inmates therein, notwithstanding the Statute of 31 El. 7. but such Cottage must not be any otherwise employed.

Stat. 4.3 El. ch. 2. All such persons mar∣ried or unmarried, having no means to main∣tain them, use no ordinary and dayly Trade to get their living by, and such persons as can get no work, are to be set on work by the Overseers; and any one Justice of peace may send to the House of Correction or com∣mon Gaol such as shall not employ them∣selves to work, being appointed thereto by the Churchwardens and Overseers of the poor.

Stat. 3 Car. 1. ch. 4. The Churchwar∣dens and Overseers of the poor, with the con∣sent of two or more Justices of the peace (one of the Quorum) may set up and use any Trade, Mystery or Occupation, for the

setting on Work and better relief of the Poor of the Parish, Town or place where they are Overseers.

14 Car. 2. chap. 12. If a stranger come into a Parish, into any house under the yearly Rent of Ten pounds per annum, the Overseers may require sufficient security of him for the discharge of the Parish; and if he refuse, they may complain to the Ju∣stices of the peace within forty dayes after the parties coming to the Parish, and they may order him to give security, or otherwise remove him.

Dalt. J. P. chap. 40. fol. 94, 95. The Overseers are to take and put out Appren∣tices, such poor mens children as are brought up idly and loosely, or such as are a bur∣den and charge to their Parish: and they must have regad to put them to such Masters as are of ability and honesty, that shall not provoke their Apprentices to run away by hard usage; nor suffer them to consume their time without learning their Trade. And they are to put out their Children Appren∣tices while they are young and tractable, (so they be above seven years of age) for else by reason of their idle and base bringing up, they will hardly keep their service, or employ themselves to work.

7 Jac. ch. 3. These Apprentices are to be chosen out of the poorest sort of Children whose parents are least able to maintain them, and they must be above Seven, and under Fifteen years of age when they are first bound.

43 Eliz. chap. 2. Dalt. ch. 31. fol. 83. The Overseers are to have the consent of two Justices of the peace in the putting out of such Apprentices, and they may bind the Man-child till 24. years of age, and the Woman-child till 21. or till she be married, which shall first happen: And these Ap∣prentices may be bound to Weavers, Masons, Dyers, Fullers, or any other Trade as well as to Husbandry or Houswifery.

Resol. Judges, 1633. Quest. 1. The Ap∣prentices may be put to any man whom the Overseers and Justices shall think fit within the same Parish, or elsewhere in other Pa∣rishes within the same Hundred, either with or without money; But if the Child be young, and the party to whom they place it not very able, then they may give mo∣ney if they please, as the party and they can agree.

Resol. Judges, Q. 4. All men that have or may have use for Servants, as Knights, Clergymen, Gentlemen, and Yeomen, as

well as Tradesmen are bound to take Ap∣prentices; yea, though wealthy men Table themselves, or live so privately that they have no use for a Servant, yet they may be compelled to take them; or else to pay a summ of money for putting them Appren∣prentices elsewhere; and if they refuse to pay the summ imposed upon them, two Ju∣stices of the peace may make their Warrant to leavy the same by distress and sale of the offendors goods.

Or the refuers to take Apprentices may be presented and indicted for the same, upon the Statute of 43 Eliz. ch. 2.

Resol. Judges, Quest. 2. An Appren∣tice put to a man in respect of his Farm, when his Lease expireth the Apprentice shall go still with the Farm, if the first Ma∣ster be so pleased; otherwise it is where an Apprentice is put to a man in respect of his abilities, or for other respects. And where any diffeences are between the Offi∣cers and the man that is to receive an Ap∣prentice, about money, and what money shall be given, or otherwise; the Justices thereabouts, or in their defaults the Sessions must determine it.

Dalt. J. P. ch. 40, & 31. fo. 96, & 78. If the parents of poor Children shall refuse

to let their Children be put out Appren∣tices (without good cause shewed) such Parents may be bound over by the Justices, to answer their said default; And if the Children shall refuse, the Justices may send them to the House of Correction, there to remain till they be content to be Bound and serve.

Dalt. J. P. ch. 31. fo. 82. These Ap∣prentices must be bound by Indenture, and not by any verbal Agreement; and the In∣denture must be either between the Justi∣ces, Churchwardens, and Overseers or some of them, and the Apprentice on the one part, and him that takes the Apprentice on the other part. And he must be named by the name of an Apprentice expresly, or else he is no Apprentice, though he be bound.

The form of an Indenture for a poor Child put out by the Parish.

THis Indenture made the 25th. day of M. &c. Witnesseth, That R. H. and R. W. Overseers for the Poor in the Parish of H. in the County of S. and H.T. Church∣warden of the same parish; by and with the consent of A. H. Knight and Baronet, and

F. T. Esq; two of His Majesties Justices of the peace of the same County, have by these presents placed and bound J. G. (being a poor fatherless child) as an Apprentice with E. B. of H. aforesaid widow, and as an Apprentice with her the said E. B. to dwell from the day of the date of these presents, until she the said J. G. shall come to the age of 21. years, or be married, which shall first happen, ac∣cording to the Statute in that case made and provided; by and during all such time and term the said J. G. shall the said E. B. her Dame well and faithfully serve in all such lawful business as the said E. B. shall put her the said J. G. unto, according to her power, wit and ability, and honestly and obe∣diently in all things shall be have her self to∣wards her said Dame and children and all the rest of the Family of the said E. B. And the said E. B. for her part, promiseth, co∣venanteth and agreeth, That she the said E. B. the said J. G. in the Art and skill of Huswifry, the best manner that she can or may shall teach and inform, or cause to be taught and informed as much as thereunto belongeth, and she the said E. B. knoweth; And also during all the said term to find and allow unto her said Apprentice meat, drink, linen, woollen, hose, shooes, washing, lodge∣ing,

and all other things fitting or meet for an Apprentice.

In witness whereof, &c.

Stat. 1. Jac. ch. 25. 21 Jac. chap. 28. This Binding is as effectual to all purpo∣poses as if the Children were of full age, and did bind themselves by Indentures and Covenants; and all such as are bound by the Overseers as abovesaid may safely be received and kept as Apprentices by their Masters.

Stat. 7 Jac. chap. 3. Such money as is given to put out poor Children Appren∣tices, is to be employed in Corporate-Towns by the Corporations and in other places by the Parson & Vicar, with the Con∣stables, Churchwardens or Overseers of the Poor, or the most part of them; who shall employ the same accordingly on pain or for∣feit 5. Marks each of th em so making default, to be divided betwixt the Poor of the parish and the Prosecutor.

Stat. idem. The party taking any money with such Apprentice shall give good secu∣rity by Obligation to repay it again at the end of seven years next ensuing the date of the said Obligation, or within three Months next after the end of the said seven Years;

and if such Apprentice shall dye within 7. years, then within one Year after his or her death; and if the Master, Mistress, or Dame happen to dye within 7. Years, then within one Year after their death; so as the money may be employed in placing the Apprentice with some other of the same Trade to serve out his time.

Stat. idem. Money so given shall be employed within three Months after the Receipt thereof; And if there shall not be apt persons found in the places where it is given, to be Apprentices, it shall then be employed in the Parishes next adjoyning by the parties that are trusted with it in the place where it was so given, and there also Bond shall be taken.

Resol. Judges. If a Woman unmarried be hired weekly, monethly, half-yearly or yearly in one Parish, and there be begotten with Child, and then goeth into another Parish, and there is setled in service or otherwise for two or three Months, and then she is discovered to be with Child; in this case she and her Child shall be setled in the Parish where she then is, and must not be sent to the Parish from whence she came.

Resol. Judges. If a Woman be delivered of a Bastard child in one Parish, and then go

into another Parish with her Child, in this case the Child after it is nursed is to be sent to and setled in the place where it was born, and not to remain with the Mother.

Stat. 43 Eliz. ch. 2. These Officers or the greater part of them (for performing their of∣fice) may raise weekly or otherwise by Taxa∣tion of every Parson, Vicar, and other occu∣pier of Land, House, or Tythes; Coal-mines or saleable Underwoods within the Parish, Town, &c. such a summ as they shall think fit. And this Rate they must have allowed and confirmed undr the hands of two Justi∣ces (one of the Quorum;) and by warrant from them or any two Justices they may levy the said Tax by distress and sale of the goods of the party refusing to pay, rendring the overplus to the owners; and in default of distress, two such Justices may commit the party to prison, there to remain without Bayl till he pay it.

These Rates ought to be well and truly made according to mens visible Estates, real and personal, within the place only, and not for any Estate elsewhere.

These Rates must be set upon the Tenants and occupiers of Lands, and not upon the Landlords, living within or without the Pa∣rish; for the Tenant only is chargeable for the Land.

Resol. Judges. The Parson having a full Tenth part of the profits of the place, may be rated to a Tenth part.

The Rate or stock for Goods is thought reasonable to be set after the proportion of Lands, (viz.) an 100 Pound in stock to be rated after 5 or 6 Pounds a year in Lands.

If any persons find themselves aggrieved in any Tax or other act done by the Overseers, or by the Justices of peace, they are to seek for relief at the Quarter-Sessions.

CHAP. XII. The office of the Surveyors of High∣wayes and Bridges.

14 CAR. 2. ch. 6. The Churchwardens, Constables or Tythingmen of every Parish, Town or Hamlett for the time being, are upon Monday or Tuesday in Easter-week, with the advice of the major part of the Inhabitants, to chuse two or more inhabi∣tants of the Parish, Town or Hamlett to be Surveyors of the High-wayes for the Year following, and they are to give notice there∣of in writing to the persons chosen next Sun∣day after; and for default of such Choyce, the Constables, Churchwardens, and inha∣bitants

of every Parish, Town or Hamlett shall forfeit and lose Five pounds.

After choyce made of these Surveyors and notice given them, they are forthwith to take the Office upon them, on pain to forfeit Twenty shillings.

14 Car. 2. ch. 6. Highways must be suffi∣ciently amended at the charge of the whole Town; and it is not enough for the Inha∣bitants to do their full six dayes work yearly, except their Wayes be all well and suffi∣ciently repaired thereby; for if all their said Wayes be not sufficiently amened, the whole Town may be indicted for it; and if six dayes work in the year will not serve to amend them, the Surveyors must appoint more dayes.

The owner of Lands, if he be not the occu∣pier thereof, ought not to be charged towards the repair of the common Highwayes; but the Tenant who occupies the Land is to be charged therewith.

Dalt. J.P. ch. 26. fol. 68. The Surveyors are to see that the parishioners do their work on the dayes appointed, and that they ob∣serve these Rules, (viz.) every person having in his own occupation a Plough-Land in Tillage or in Pasture in the same Parish, or keeping there a Plough or Draught, shall

find and send on every day to the place appointed by the Surveyors, one Wayn or Cart after the fashion of the Countrey pro∣vided with Horses, &c. fit for the Carriage, and with necessary Tools fit for the work; and with two able men, who are there to do such work with their Wayns, &c. as they shall be appointed (by the Surveyors) by the space of eight Hours every of the said six dayes, on pain of Ten shillings every day default is made.

Stat. 2 & 3 P. & M. ch. 8. Every other Housholder, Cottager and Labourer of the Parish, Town, &c. (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 every of the said six dayes, by the space of eight hours as afore∣said; where they shall be appointed by the Surveyors, on pain to forfeit Twelve pence for every day they make default.

18 Eliz. ch. 9. All persons being charge∣able but as Cottagers by the 2 & 3 P. & M. yet if they be in Subsidy 5 Pounds in Goods, or 40 Shillings in Lands, or above, they must find two able men to work every of the said six dayes.

2 & 3 P. & M. ch. 8. If any of the Car∣riages shall not be thought needful by the

said Surveyors upon any of the said dayes, they may appoi nt in stead of a Team two able men to work as aforesaid, who shall not fail in pain that the party who should send them shall forfeit Twelve pence for every day that either of them makes default.

18 Eliz. ch. 9. He that shall occupy a Plough-Land in tillage or in pasture, lying in several Parishes, shall be chargeable only in the Parish where he dwelleth, and he that occupieth several Plough Lands in se∣veral Parishes shall be charged in each Town or Parish where such Land lyeth, (viz.) to find in each Town or Parish, one Cart furnished as aforesaid, though he be no in∣habitant there.

Co. on Lit. fo. 69. It is said that a Plough-Land is not alwayes of one content, but or∣dinarily it is so much as one Plough may plough in on eyear; which is on some Coun∣tries more, and in some less, according to the heaviness of the soil.

Co. 4. Rep. fo. 37. b. & 9 Rep. fo. 124. A Plough-Land or Carve-Land may contain House, Meadow, Pasture and Wood; and if one have so much of this as will keep a Plough, and yield Tillage for it, if part of it were eared, in this case it seems he is to send his Plough.

Dalt. J. P. chap. 26. fo. 72. He that keepeth a Plough or Draught for carriage, although he occupy little or no Land, but carrieth or plougheth for other men, yet it seems he is to send his Cart to the High-wayes; and if a may keep only two Horses and a Cart for his own business, he is to come with his Cart and two Horses, with a Man to drive them.

14 Car. 2. ch. 6. If six dayes will not serve for repairing of the Highwayes, the Surveyors may appoint more, and charge all persons within their limits who are chargeable by the Law to come to the work; but the Surveyors are to pay them for their work for all the dayes above six dayes, according to the Rates of the Countrey; and if they can∣not agree, the next Justice of the peace living out of the Parish is to determine the business between them.

5 Eliz. ch. 13. The Surveyors, if they see cause, for the amendment of the High-wayes, may take and carry away so much of the rubbish and smallest broken stones of any mans Quarray lying within the same Parish without leave of the owner, as they shall think needful; or gather the loo se stones lying dispersed in any mans grounds: But they may not without license dig in any mans

Quarrey for new stones, nor take the great stones already digged; and if there be no such rubbish to be found in any mans Quar∣rey within the said Parish, then they may enter into any mans several ground within the said Parish, lying near the place where the Wayes are decayed, and there (if they see any hopes of finding materals fit for the reparation thereof) without leave of the owner they may dig for Sand, Stones, Gra∣vel, &c. so that it be not in the Houses, Or∣chards, Gardens or Meadows of any man; they are not to come there without license of the owner. And in such place where they may dig without leave, they are not to make a pit above ten yards in breadth or length; and they are to take care that the place be filled up again at the charge of the Parish within one Month after, upon pain to forfeit five Marks to the owner of the ground, to be recovered by Action of Debt.

14 Car. 2. ch. 6. The same power is granted to Surveyors to dig for Gravel, Chalk, Sand, Stones, &c. in any mans ground in the parish next adjoyning to the place where the Wayes are in decay, if there be not suf∣ficient in the same parish: Provided it be not in the House, Garden, Orchard, Court, Yard, Park with Deer in it, or in the Meadow

of such party, without paying any thing for the same Gravel, &c. only damages to the party for the carrying the same over his grass, &c. filling up the pits as is before men∣tioned, (5 Eliz.) within the same time, and under the same penalty.

Stat. 5 Eliz. chap. 13.8 Eliz. chap. 10. If the owners of the grounds next adjoyning to the Highwayes do not keep their Hedges low, and cut down their Trees and Bushes growing on the same Wayes, they forfeit Ten shillings.

And he that scowrs not his Ditches in the ground next adjoyning to the ground that is next the Highway, that the water may pass the better out of the Highway, shall forfeit 12 d. for every Rod so left unscowred.

Stat. 18 Eliz. chap. 10. If any scowr his Ditch by the HIghways side, and throw the soyl thereof into the highway, and suffer it to lye there six Months, he forfeits for every Load thereof 12 d. And the Surveyors are to make Sluces where such Banks have been heretofore made, for carrying away the water out of the Highway.

Dalt. J.P. ch. 26. fo. 70. Every Survey or may cause any Water-course or Spring of water being in the Highway (within their parish) to be turned into another mans several

ditch or ground next adjoyning to the said Way, in such manner as by the discretion of the Surveyors shall be thought meet.

Stat. 18 Eliz. ch. 10. Wingate Abr. Stat. Tit. Highwayes. The forfeitures of the Act of 18 Eliz. 10. must be levied by the Sur∣veyors for the time being (by warrant from the Justices before whom the party shall be convict) by distress and sale of goods; which forfeitures are to be employed towards the amendment of the Highwayes: and if the Surveyors neglect to do it within one year after the offence committed, then the Constables and Churchwardens by like Warrant may do it.

Dalt. J.P. ch. 26. fo. 70. Stat. 5 Eliz. ch. 13. The Surveyors or one of them are to preent to the next Justice of peace every default upon the 2^d and 3^d of P. & M. ch. 8. and 5 Eliz. ch. 13. within one Month after it shall be made, on pain of 40 s. and the Ju∣stice is in pain of 5 l. to certifie the same at the next Quarter Sessions; where the Justi∣ces are to enquire of the default, and set such Fine upon the offendors as they or two of them (one of the Quorum) shall think fit.

5 Eliz. 13. Rastall 199. The present∣ment of a Justice of peace in Sessions upon his own knowledge shall be a good con∣viction;

upon which the Justices in Sessions or two of them (one of the Quorum) may assess a Fine as well upon a Verdict, but the offendor shall be admitted to his Tra∣verse.

Stat. 2 & 3. P. & M. ch. 8.5 Eliz. ch. 13.18 Eliz. ch. 10. The offences upon these Statutes are inquirable by Justices of the peace-in their Sessions, and Stewards in Leets; either of which have power to assess Fines at their discretions upon defaulters, (of which Fines, indented Estreats in the Sessions under the hand and seal of the Clerk of the Peace, in the Leet under the hand and seal of the Steward) shall be delivered within six Weeks after Michaelmas; one part of the Estreats to the Bayliff or High-Constable of the Liberty, and the other part to the Constables and Churchwardens of the Parish where the offendors live.

Stat. 2 & 3 P. & M. chap. 8. These Estreats shall be a sufficient Warrant for the Bayliff or chief Constable of the Liberty to levy the said Fines by way of distress; and if no distress can be found, or the party do not pay the fine within Twenty dayes after the lawful demand thereof, he or they shall forfeit double so much; All which Fines and Forseitures are to be employed towards

the mending of the Highwayes in the Parish where the offences are committed.

Stat. 2 & 3 P. & M. ch. 8. The High-Constable or Bayliff shall between the First of March and Last of April yearly give an account to the Constables and Churchwar∣dens, who have the other part of the Estreats of the Fines, of what Money they have re∣ceived on pain of Forty shillings; and the Constables and Churchwardens have power to call the High-Constable or Bayliff before two or more Justices of the peace (one whereof to be of the Quorum) to give up his Account; who have power to commit him until he have satisfied all the Arrerages by him received, save Eight pence in the Pound for his own Fee, and Twelve pence in the Pound for the Clerk of the Peace, or Steward of the Leet. And the Contables and Churchwardens have the same power suc∣cessively as their predecessors.

14 Car. 2. ch. 6. Every Survey or of the Highwayes shall within one Month after his Year is expired, yield up to the INhabitants of the Parish, Town or Hamlett at some publick meeting appointed by the inhabi∣tants a perfect Account of all Moneys he hath received and paid within the Year by reason of his said Office, and of whom;

what summ to whom he hath paid the same, what Moneys are in Arrear for Fines, Forfeitures, Penalties, &c. and if any over∣plus be in his hands, he shall render the same to the next Surveyor for the use of the Parish, Town or Hamlett, to be disbursed in and about the Highwayes the year fol∣lowing. And if the Surveyor shall not make such an Account and payment, then two Justices near the Parish upon complaint may examine the business upon Oath, and upon default found in the Surveyor they may com∣mit him to the Gaol of the County, City, &c. there to remain until he have made a true Account and payment.

Stat. idem. All Justices of Assize, Oyer and Terminer, and Justices of peace are im∣powred to hear and determine all matters concerning charitable Gifts for the amending and ekeping in repair any common HIgh∣wayes, Pavements, Streets, &c. within their Commission; and to make Orders for the due employment of such Gifts, (except the Gift be made to the use of any Colledge, Hall, Free-School or Hospital, who have proper Visitors of thier own) and to deter∣mine all offences and defects in Surveyors concerning the same; and in ease any per∣son be aggrieved by such Order, he may

Appeal to the Court of Chancery as in case of a Decree made upon the Statute of Cha∣ritable uses.

Stat. idem. No travelling Wayn, Wa∣gon, Cart or Carriage, wherein any Goods, Burthens or Wares shall be carried or drawn for hire, (other than such Carts and Carriages as are employed about Husbandry and ma∣naging of Lands, and in carrying of Hay, Straw, Corn unthreshed, Coal, Chalk, Tim∣ber for shipping, materials for Building, Stones of all sorts, or such Ammunition or Artillery as shall be for His Majesties ser∣vice) shall at any one time travle, be drawn or go in any publick or common Highway with above seven Beasts, whereof six shall draw in pairs; nor with above eight Oxen, or six Oxen and two Horses: nor shall at any time carry above 2000. weight between the First of October and the First of May, (except such paticulars as abovesaid) nor above 3000. weight between the First of May and the First of October; nor above five Quarters of Wheat, Meal, Mesline, Rye, Pease, Beans, Tares; nor above eight Quarters of Barley, Mault or Oats; nor shall any Wagon, Wayn or Carriage be em∣ployed for the said uses, the Wheels whereof are less in breadth than four Inches in the

Tyre, upon pain every owner of such Wagon, Wayn or Carriage, Horse, Beasts or Oxen, shall for every of the said offences forfeit 40. Shillings, to be divided into three equal parts; one to the Surveyors of the High∣wayes where any of the offences shall be committed, towards the repairing of the highwayes of the Parish there; the other part to the Overseers of the Poor of the Pa∣rish where the offence is committed, for the relief of the poor there; and one other part to him that shall discover and prosecute for the said offences.

These Penalties are to be levied by distress of all or any the Horses, Beasts or Oxen, and to be distributed as aforesaid by the Consta∣bles, Surveyors of the Highwayes, and Overseers of the Poor of the parish where the offence is committed; and in case the Penalties be not payd within three dayes after distress, then the same to be sold, ren∣dring the overplus, the charges of keeping and selling first deducted.

Statutes for repairing particular Highwayes, viz.

Stat. 39 El. ch. 19. For repairing the High∣wayes in the Wild of Sussex, Surrey & Kent.

Stat. 37 H. 8. chap. 3. For Huntington-Lane near to Chester.

Stat. 14 H. 8. ch. 6. & 26 H. 8. ch. 7. For laying out new Highwayes in the Wild of Kent and Sussex.

Stat. 1 M. par. 2. ch. 5. For the Cawsey between Dorchester and Sherborn.

Stat. 18 Eliz. ch. 10. For the Kings Ferry in Kent.

Statutes for particular Bridges.

Stat. 18 H. 6. chap. 28. For making of Burford and Culhamford Bridge.

Stat. 18 Eliz. ch. 17. & 27 H. 7. ch. 25. For the maintenance of Rochester Bridge.

Stat. 18 Eliz. ch. 20. For the repair of the Bridges within a mile of Oxford.

Stat. 23 Eliz. chap. 11. For the mainte∣nance of the Bridges over Toffe in Wales.

Stat. 39 Eliz. chap. 23. For making and repairing of Newport and Carleon Bridges over the River Usek.

Stat. 39 Eliz. ch. 24. For building and maintenance of a Bridge at Wilton upon Wye, near Ross in Herefordshire.

Stat. 3. Jac. chap. 23. For making and repairing Chepstow Bridge.

Stat. 14 Car. 2. ch. 6. For building and re∣pairing Laycock and Rey Bridges in Wilt∣shire,

and Stratford Bridge in Middlesex.

By the same Act it is provided, That all Bridges shall have sufficient Walls or Posts, and Rails on each side thereof, four Foot high at the least; adn that the same be from time to time sufficiently kept and repaired.

Pasch. 10 E. 3.28, 29. Coke 2 Part of the Institutes, fol. 701. Bridges are to be repaired by the whole County by common. Right, if it be not known who ought to do the same otherwise.

Rolls Cases, 1. part, f. 368. If a man erect a Mill for his own particular profit, and cut a new Course for the Water to come to it, and makes a new Bridge over the same, and the Kings subjects use to ride over the same as over a common Bridge, such Bridge ought to be repaired by him who hath the Mill, and not by the County; because he erected it for his own profit.

Coke 2. part Instit. so. 700. If man which holdeth an 100 Acres of Land ought to repair a Bridge by tenure of the same, do alien 20 Acres thereof to one man, and 10. Acres to another man; in such case every owner or occupier of such Lands must be charged proportionably for their said Lands.

22 H. 8. chap. 5. Coke 2. part Instit. fo. 702, Dalt. J.P. chap. 13. fo. 41. If any.

Bridge be wholly in a City or other Town-Corporate, the inhabitants of the same City or Town Corporate must repair it: And where such Bridge lyes out of such City or Corporate-Town, the same must be made by the inhabitants of the Shire or Riding within which the same Shire shall be. And if part of a Bridge be in one Shire or Riding, City or Corporate-Town, and one part in another, then every of them shall be charged to make and repair such part as shall lye and be within their own limits.

Crompt. 186. b. 43. Ass. Dalt. J. P. ch. 13. fo. 42. Such as are chargeable to re∣pair a Bridge may enter upon any other mans land or soyl adjoyning, and lay their Stone, Lime, Timber or other things necessary there for the repairing and amending thereof, and the owner of the Lands shall have no Action therefore; for it is for the common profit. And the party that is chargeable to repair a Bridge, must also maintain the way at each end thereof, (although the soyl be to another;) and if the ends be broken by the Water-course, he must follow the Water∣course and mend the way.

Stat. 22 H. 8. ch. 5. Dalt. J. P. ch. 13. fo. 4. Where a common Bridge in the Kings HIghway is in decay, and that it cannot

be proved or known, who, nor what Lands are chargeable to the repairing thereof, four Justices of the peace (one of the Quorum) within the Shire or Riding wherein such de∣cayed Bridges be; and if they be in a City or Town-corporate, then four such Justices of peace there may within the limits of their several Commissions call before them the Constables, or two of the most honest Inhabitants of every Town and Parish with∣in the Shire, Riding, City or Town-corpo∣rate wherein such Bridge or any parcel there∣of shall happen to be; and the Justices (upon the appearance of the Constables or other inhabitants, and with their assents) may tax every inhabitant in any such City, Town or Parish within their limits, to such reason∣able summ of Money as by their discretions they shall think convenient, as well for the repairing of such Bridge as also for the making and repairing of the Highwayes, by the space of 300. Foot next adjoyning to the ends of any such Bridge.

Coke 2. part Instit. fo. 704. This Taxation ought not to be made by the Justices without the consent of the Constables or inhabitants, nor by them without the Justices; and this Tax ought to be upon every inhabitant in particular, and not to be set upon the Hun∣dred,

Parish, Town, &c. for then one or few might be distrained upon the whole.

Stat. 22 H. 8. ch. 5. Dalt. J. P. ch. 13. fo. 40. Coke 2. part Instit. fol. 701, 702. Where a Franchise, City or Borough is a County of it self, and hath not four or more Justices of the peace, (whereof one or more are of the Quorum) in this case no other Justices of the peace of any Shire or County have any power to meddle there by this Act; but such decay must be amended by the Common Law, by such remedies as they were antiently before the Statute of 22 H. 8. supra.

Coke 2. part Instit. fo. 704. Dalt. J. P. ch. 18. fo. 40. The Justices of peace af∣ter the Taxation is made, shall cause the names and summs of every particular person so Taxed, to be written in a Roll indented in Parchment, for every Hundred, and sealed with their Seals.

Coke part idem, fo. 705. Dalt. J.P. ch. & fol. idem. 22 H. 8. ch. 5. The Justices may make two Collectors of every Hundred to gather the Money so taxed; which said Collectors having received one part of the Roll thereof indented, have power to gather all the Money therein mentioned; and if refusal be made upon demand, then to

distrain and sell such distress, rendring the overplus to the owner, if any be.

Stat. 22 H. 8. ch. idem. Dalt. ch. & fo. ead. The Justices are likewise to appoint two Surveyors, who (from time to time as often as need shall require) shall see such decayed Bridges and Wayes repaired and amended, to whose hands the Collectors must pay the money by them received.

Stat. idem. Dalt. idem. The Collectors and Surveyors, and their Executors and Ad∣ministrators and every of them shall from time to time make a true Account to the said Justices of peace, of the Receipts, Pay∣ments and Expences of the said summs of Money; and if any of them refuse so to do, then the said Justices of peace from time to time at their discretions may make out Process against the said Collectors and Sur∣veyors, their Executors and Administrators by Attachment, Precept or Warrant under their hands and seals, returnable at their general Sessions of the Peace; and the said Justices may allow such reasonable Costs and charges to the said Surveyors and Collectors upon their account, as to them shall seem meet.

CHAP. XIII. The Office of the Distributors of the Pro∣vision for the destruction of noysom Fowl and Vermin.

STat. 8 Eliz. ch. 15. & 14 Eliz. ch. 11. In every Parish the Churchwardens with six other parishioners (to be required by the Churchwardens) shall yearly in one of the Holydays in Easter-week, and at every other time when it shall be needful, tax and assess every person having the possession of any Lands or Tythes within that Parish, to pay such summs of money as they shall think meet, according to the quantity of such their Lands or Tythes; and if any person do deny to pay the same, or do not pay the same with∣in fourteen dayes after request made by the Churchwardens or one of them, then such person shall forfeit for every time Five shil∣lings; which (together with the summ as∣sessed) shall be levied by distress of the goods and chattels of such person, to be taken by the Churchwardens or one of them; the same distress to be ordered and used as distresses taken for Amerciaments in any

Leet. And as well the said summs as pe∣palties (if any of them be so levied) shall be yearly by the said Churchwardens or one of them for the time being, delivered by Bills indented to two honest and substantial per∣sons of the said Parish, which shall be elected and appointed by the Churchwardens, and shall be named, The Distributors of the Provision for the destruction of noysom Fowl and Vermin.

And if the said Churchwardens, six per∣sons or Distributors, or any of them shall refuse or make default in the execution of any part of this Act, contrary to the form thereof, then such offendor shall forfeit for every default Five pounds; the one moiety to the King, the other to him or them (using Tillage yearly within the same Shire) that will sue for the same in any Court of Record.

The Reward of those who destroy the said noysom Fowl and Vermin, viz.

These Distributors being so chosen, and having money, shall give and pay of the same money so to them delivered to every person that shall bring to them any Heads of old Crows, Pyes, or Rooks taken within the seve∣ral Parishes, for the Heads of every three of them, One penny.

For the heads of every six young Crows, Choughs, Pyes, or Rooks, One penny.

For every six Eggs of any of them, One penny.

For every 12. Stares heads, One penny.

For every head of Merton, Hawks, Furse∣kite, Mold-kite, Buzzard, Schagge, Cormo∣rant, or Ringtayl, Two pence.

And for every two Eggs of them, One penny.

For every Iron or Osprayes head, Four pence.

For the head of every Woodwal, Pye, Jay, Raven or Kite, One penny.

For the head of every bird called the Kings-fisher, One penny.

For the head of every Bulfinch or other bird that devoureth the Bud of Fruit-trees, One penny.

For the head of every Fox or Grey, Twelve pence.

For the head of every Fitchew, Polcat, Weasel, Stoat, Fair, Badge or Wildcat, One penny.

For the head of every Otter or Hedgehog, Two pence.

For the heads of every three Rats, or twelve Mice, One penny.

For the heads of every Moldwarp or Want, an Half penny.

For the heads of every which Birds and Vermin the said Distributors shall give and pay to the bringer of them as before is limi∣ted.

And if upon any Account to be made in the end and determination of the office of any such Distributors, any money be re∣maining in their hands, it shall be by Bill indented delivered to those that shall succeed them in the said Office, to be by them distri∣buted in manner aforesaid.

This gives no Authority to use any Engine for the destruction of the before-mentioned Birds or Vermin, which shall disturb or de∣stroy the building or breeding of Hawks, Herons, or Swans; or to the hurt of any Doves, or Deer, or Coney-warren; nei∣ther shall any thing be given to any person for the Head of any such Vermin or Fowl taken in any Park or Warren, nor for Stares taken in Dove-houses, nor to the killing or bringing of the Head of any Kite or Raven killed in any City or Town-corporate, or within two Miles of the same.

FINIS.