The works of Francis Bacon, lord chancellor of England.

OFFICE OF CONSTABLES. 317
weights, measures, size, or counterfeiting wares, appoint a deputy, or in default thereof, the stewart
and things vendible; the office of constable is to of the court-leet may; which deputy ought to be
give as much as in him lies, information of them, sworn before the said steward.
and of the offenders, in leets, that they may be The constable's office consists in three things:
presented; but because leets are kept but twice 1. Conservation of the peace.
in the year, and many of those things require 2. Serving precepts and warrants
present and speedy remedy, the constable, in 3. Attendance for the execution of statutes.
things notorious and of vulgar nature, ought to
forbid and repress them in the mean time: if not, Of ihe Jurisdiction of Justices itinerant in the Prin.
they are for their contempt to be fined and im- cpality of Wales.
prisoned, or both, by the justices in their sessions. 1. They have power to hear and determine all
8. Question. What is theiroath T criminal causes, which are called, in the laws of
insswer. The manner of the oath they take is England, pleas of the crown; and herein they
as followeth: have the same jurisdiction that the justices have
"1 You shall swear that you shall well and truly in the court of the King's Bench.
serve the king, and the lord of this law-day; and 2. They have power to hear and determine all
you shall cause the peace of our sovereign lord civil causes, which in the laws of England are
the king well and truly to be kept to your power: called common pleas, and to take knowledge of
and you shall arrest all those that you see com- all fines levied of lands or hereditaments, without
mitting riots, debates, and affrays in breach of suing any declimus potestatem; and herein they
peace: and you shall well and truly endeavour have the same jurisdiction that the justices of the
yourself to your best knowledge, that the Common Pleas do execute at Westminster.
statute of Winchester for watching, hue and 3. They have power also to hear and determine
cry, and the statutes made for the punishment of all assizes upon disseisin of lands or hereditasturdy beggars, vagabonds, rogues, and other idle ments, wherein they equal the jurisdiction of the
persons coming within your office be truly exe- justices of assize.
cuted and the offenders be punished: and you 4. Justices of oyer and terminer therein may
shall endeavour, upon complaint made, to appre- hear all notable violences and outrages perpehend barreters and riotous persons making affrays, trated within their several precincts in the said
and likewise to apprehend felons; and if any of principality of Wales.
them make resistance with force, and multitude - The prothonotary's office is to draw Theseoficesare
of misdemeanours, you shall make outcry, and all pleadings, and entereth and engros- intheking'sgift.
pursue them till they be taken; and shall look seth all the records and judgments in all trivial
unto such persons as use unlawful games; and causes.
you shall have regard unto the maintenance of The clerk of the crown, his office is to draw
artillery; and you shall well and truly execute and engross all proceedings, arraignments, and
all process and precepts sent unto you from the judgments in criminal causes.
justices of the peace of the county; and you shall The marshal's office is to attend the Theseoffices
make good and faithful presentments of all blood- persons of the judges at their coming, Judges' disps.
sheds, outcries, affrays, and rescues made within sitting, and going from their sessions sitioe.
your office: and you shall well and truly accord- or court.
ing to your own power and knowledge, do that The crier is, tan quam publicus pruco, to call for
which belongeth to your office of constable to do, such persons whose appearances are necessary,
for this year to come. So help," &c. and to impose silence to the people.
9. Question. What difference is there betwixt
the high constables and petty constables I The Office of Justice of Peace..answer. Their authority is the same in sub- There is a commission under the Theoffice3fjus.
stance, differing only in the extent; the petty great seal of England to certain gen- ticeof Peac
constable serving only for one town, parish, or tlemen, giving them power to preserve the peace,
borough, the head constable for the whole hun- and to resist and punish all turbulent persons,
dred: nor is the petty constable subordinate to whose misdemeanors may tend to the disquiet of
the head constable for any commandment that the people; and these be called justices of the
proceeds from his own authority; but it is used, peace, and every of them may well and truly bo
that the precepts of the justices be delivered unto called eirenarcha.
the high constables, who, being few in number, The chief of them is called custos rotulorsum,
may better attend the justices, and then the head in whose custody all the records of their proconstables, by virtue thereof, make their precepts ceedings are resident.
over to the petty constables. Others there are of that number called jus10. Question. Whether a constable may appoint tices of peace and quorum, because in their
a deputy t commission they have power to sit and determine
ls2swer. In case of necessity a constable may causes concerning breach of peace and misheha2D2