A new guide for constables, headboroughs, tythingmen, church-wardens, overseers and collectors for the poor, surveyors for amending the highways and bridges with directions for keepers of fairs and markets, and treasurers for the relief of poor maimed soldiers and mariners : containing not only whatsoever may be useful to them in the execution of their several offices, that is already extant in any book of this kind, but also the heads of all those statutes which do concern any of the said offices that have been since made in the reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary : being the most compleat of any work of this nature / collected by J.P. Gent.

CHAP. IV. The Constables Office about Arms, &c.

IF any Person shall ride, or go armed offen∣sively before the Kings Justices, or before any other the Kings Officers or Ministers du∣ring 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 Pi∣stols charged; in such case the Constable up∣on the sight hereof, may seize and take away their Armor, and other Weapons, and cause them to be apprized, and answered to the King as forfeited, and carry them before a Justice, to find Sureties for the Peace, 2 E. 3. c. 3. 7 R. 2. 13. Co. 3. part Inst. fol. 162. Dalt. J. P. c. 9. fol. 35, & 159.

But the Kings Servants in his Presence, She∣riffs, and their Officers, and other the Kings Mi∣nisters, and such as be in their Companies assist∣ing them in their Office, and all others pur∣suing Hue and Cry, where any Felony, or other Offences against the Peace be committed, may lawfully bear Armor or Weapons, 2 E. 3. c. 3.

All High Constables, Petty Constables, and other Officers within their several Parishes, are to be aiding and assisting to such Persons as shall have Warrants from the Lord Lieute∣nants, or any two of their Deputies, under their Hands and Seals, to search for, and seize all Arms in the custody and possession of any Person or Persons whom the said Lieute∣nants or their Deputies shall judge to be

dangerous to the Peace of the Kingdom, and to secure the same, and give account thereo•• 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 Bill•• 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 i•• to be searched, unless the Warrant be from the Kings Majesty, under his Sign-Manual, or in the Presence of the Lieutenant, or one of the Deputy Lieutenants of the said County o•• 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 Lieutenants, or their Deputies, or any two of them think fit, may be restored to the Owners again, 14 Car. 2. c. 3.

The Constables by Warrant under the Hand and Seal of the Lord Lieutenant, or any three or more of the Deputy Lieutenants, are to levy such Sums, Forfeitures, Penalties and Pay∣ments, as shall be charged upon any Person or Persons within their several Liberties, for the furnishing of Arms, Horse or Foot, or Payment of Soldiers, 14 Car. 2. c 3. & 15 Car. 2. c. 4.

And where sufficient Distress cannot be had, then the Lord Lieutenants and their Deputies, by like Warrant to the Constable, may commit such Offender to prison, until he shall make sa∣tisfaction according to the said Forfeiture, Pay∣ment or Penalty, ibid.