The works of Francis Bacon, lord chancellor of England.

248 THE USE OF THE LAW.
wife or heir will not sue or be compounded withal, Chancery, from whence process should be awardyet the king is to punish the offence by indict. ed to levy the debt, if the peace were broken.
ment or presentment of a lawful inquest and trial But the constable could not arrest any, nor
of the offenders before competent judges; where- make any put in bond upon complaint of threatupon being found guilty, he is to suffer death, ening only, except they had seen them breaking
and to lose his lands and goods. the peace, or had come freshly after the peace
IManslaughter, If one kill another upon a sudden was broken. Also, these constables should keep
and when a for- quarrel, this is manslaughter, for which watch about the town for the apprehension of
and when not. the offender must die, except he can rogues and vagabonds, and night-walkers, and
read; and if he can read, yet must he lose his eves-droppers, scouts, and such like, and such as
goods, but no lands.: go armed. And they ought likewise to raise hue
And if a man kill another in his own defence, and cry against murderers, manslayers, thieves,
he shall not lose his life, nor his lands, but he and rogues.
must lose his goods, except the party slain did Of this office of constable there were 2. High confirst assault him, to kill, rob, or trouble him by high constables, two of every hundred; hbdoreoe
the highway side, or in his own house, and then petty constables, one in every village; It. Pettyfon.
ta bin for every
he shall lose nothing. they were, in ancient time, all ap- village.
And if a man kill himself, all his pointed by the sheriff of the shire yearly, in his
goods and chattels are forfeited, but court called the Sheriff's Tourn, and there they
no lands. received their oath. But at this day they are apFelony by mins If a man kill another by misfortune, pointed either in the law-day of that precinct
chance. as shooting an arrow at a butt or mark, wherein they serve, or else by the high constable
or casting a stone over a house, or the like, this in the sessions of the peace.
is loss of his goods and chattels, but not of his The sheriff's Tourn is a court very The Kin.'s
lands, nor life. ancient, incident to his office. At the Bteutch dfat inIf a horse, or cart, or a beast, or any first, it was erected by the conqueror, what matters
D other thin do ill a man, the horsednd. they anciently
other thing do kill a man, the horse, and called the King's Bench, appoint- hod jorisdicbeast, or other thing, is forfeited to the crown, and ing men studied in the knowledge ofn.
is called a deodand, and usually granted and the laws to execute justice, as substitutes to him
allowed by the king to the Bishop Almner, as in his name, which men are to be named, Jhsticigoods are of those that kill themselves. arii ad placita coran Rege assignati. One of
Cutting out of The cuttingf out of a man's tongue, them being Capitalis Justiciariuts called to his felputting out of or putting out his eyes maliciously, is lows; the rest in number as pleaseth the king, of
eyes, iade fe felony; for which the offender is to late but three J3isticiarii, holden by patent. In
suffer death, and lose his lands and this court every man above twelve years of age
goods. was to take his oath of allegiance to the king, if
he were bound, then his lord to answer for him.
_But for that all ptunishnfent is for example's sake; In this court the constables were appointed and
it is good to see the means whereby offenders are sworn; breakers of the peace punished by fine
drawun to their pnishmnzent; anddfirstfor the mat- and imprisonment, the parties beaten or hurt
ter of the peace'. recompensed upon complaints of damages; all
THE ancient laws of England planted here by appeals of murder, maim, robbery, decided; conthe conqueror were, that there should be officers tempts against the crown, public annoyances
of two sorts in all the parts of this realm to pre- against the people, treasons and felonies, and all
serve the peace:- other matters of wrong, betwixt party and party,
for lands and goods.
1. Constabitlarii e.But the king seeing the realm grow Court of Mar.
2. Conservatores Pacis. daily more and more populous, and salnd itjurredid,
that this one court could not dispatch ti...'nltlsof
The officeof The office of the constable was, to all, did first ordain that his marshal thechieftunnel
of the khio,
the constable arrest the parties that he had seen should keep a court for controversies fulich itthe of
futt extent of
breaking the peace, or in fury ready to break the arising within the virge; which is tle virgoe
peace, or-was truly informed by others, or by their within twelve miles of the chiefest tunnel of the
own confession, that they had freshly broken the court, which did but ease the King's Bench in
peace; which persons he might imprison in the matters only concerning debts, covenants, and
stocks, or in his own house, as his or their quality such like, of those of the king's household only,
required, until they had become bounden with never dealing in breaches of the peace, or consureties to keep the peace; which obligation from cerning the crown by any other persons, or any
thenceforth was to be sealed and delivered to the pleas of lands. Insomuch as the king, for further
constable to the use of the king. And that the ease, having divided this kingdom into counties,
constable was to send to the king's Exchequer or and committing the charge of every county to a