VNderstanding by sundrie friends of mine,1. The pre­face. that ma­nie well disposed men doo earnestly wish, that some one short and plaine col­lection might be made of the dueties of high Constables, petie Constables, Borsholders, Tythingmen Headborrowes, and such like inferiour ministers of the Quéenes Maiesties peace, to the end that when any of them should be called to any of the said offi­ces (or the like) they might the better behaue themselues in doing the same: I haue thought it a thing woorthie the labour, to send abroad among them this little treatise, which I haue drawne to satisfie in some part their honest desire: [Page 2] hartilie praieng vnto God, that as their knowlege may be increased in the rea­ding hereof, so also their diligence may be amended in the practise of the same, to the setting forth of the glorie of God, and to the aduancement of the Quéenes Maiesties seruice in this behalfe.

The diuisiō of this worke. 2 And bicause I purpose (by the helpe of God) to make this worke so short, and so plaine withall, as the matter therof it selfe will suffer me, and as the vnderstanding of vnlearned men doth require: I will first speake somewhat, both of the sundrie names and begin­nings of these officers, and then after­ward I will go in hand with the parts of their seuerall duties.

The names of these offi­cers. 3 The sundrie names of Constables, or high Constables that be of Lathes, Rapes, Wapentakes, Hundreds, and Franchises: and the diuers names also of Constables, petie Constables, Ty­thingmen, Borsholders, Boroeheads, Headboroes, chiefe pledges, and such o­ther (if there be any) that beare office in townes, parishes, hamlets, tythings, or boroes (for of Constables of Castels, o­therwise called Castellanes, and such [Page 3] others I meane not to intreate) are all in effect but two, that is to say, Consta­bles and Borsholders: for these two words do containe as much as all the rest of those names, and to these two may al the rest of them be wel brought: and therefore, in speaking seuerally of these two, I will passe along, and touch all the rest also.

4 The name Constable, Con­stables name. is made (as I haue read) of two English words put togither, namely, Cuning) or Cyng) and Staple, which doe signifie, the stay (or hold) of the king. For by the ancient cu­stome of this realme, there is a great of­ficer called the Constable of England, who by meanes of the great auctoritie that he had, was a principall staie vnto the Kings gouernement:13 R. 2. cap. 12. and this man had iurisdiction and auctoritie in déedes of Armes, and in matters of war, both within and without the Realme. Out of which office, this lower Constable­ship was at the first drawn and fetched, and is (as it were) a verie finger of that same hand.13. E. 1. His be­ginning. For the statute of Winchester which was made in the time of King Edward the first, and by which these [Page 4] lower Constables of hundreds & Fran­chises were first ordained, doth (amongst other things) appoint, that for the better kéeping of the peace, two Constables in euerie Hundred and Franchise, shoulde make the view of Armour.

So then, the name of Constable in a hundred or franchise doth meane, that hee is an Officer that supporteth the Queenes Maiestie in the maintenance of hir peace, within the precinct of his hundred, or franchise: and he is manie times called the High Constable, in comparison of the Constables, or Pe­tie Constables that be in the townes or parishes within his hundred or fran­chise, whose part it is likewise to main­taine the peace within the seuerall li­mits of their owne townes or parishes.

Borshol­ders name. 5 As touching Borsholder, which is the other generall name and doth con­taine within it the men [...]ng of Tything­men, Borrowheades, Headborrowes, Thirdborrowes, and chiefe pledges, that also is made vp of these two Eng­lish worde, Borhes, and Ealdor; of the which, Borhes betokeneth pledges, and Ealdor signifieth the Chiefe, the Head, [Page 5] or the Elder: and so Borhesealdor in one word, doth meane the chiefe, or head of the suerties, or pledges.

6 But now,His two offices. that you may the better vnderstand what is ment by this, you must further know, that euerie of these Borsholders, Tythingmen, Borrow­heads, Headborrowes, Thirdborrows, and chiefe pledges, hath two seuerall of­fices at this day: the one being his an­cient and first office, and the other his latter made office.

Archai­onomia 7 His first office began thus:His first office. by the ancient lawes of this realme (before the comming in of King William the Con­querour) it was ordeined for the more sure kéeping of the peace, and for the better repressing of théeues & robbers, that al frée borne men should cast them­selues into seuerall companies, by ten in ech companie: and that euery of those ten men of the companie, shuld be suer­tie and pledge for the foorth-comming of his fellowes: so that if any harme were done by any of these ten against the peace, then the rest of the ten should be amerced, if he of their companie that did harme should flie, & were not forth­comming [Page 6] to answere to that wherwith he should be charged.

And for this cause these companies be yet in some plates of England (& name­lie with vs in Kent) called Boroes of the said word Borhes, Pledges or Suerties: albeit in the westerne parts of y^e realme they be commonly named Tythings, bi­cause they conteine (as I told you) the number of ten men with their families. And euen as ten times ten do make an hundred, so, bicause it was then also ap­pointed that tenne of these companies should at certeine times méete togither for their matters of greater waight, therefore that generall assemblie (or court) was (and yet is) called a Hundred.

Furthermore, it was then also ordei­ned, that if any man were of so euil cre­dit, that he could not get himselfe to be receiued into one of these Tythings or Boroes, that then he should be shut vp in prison, as a man vnwoorthie to liue at libertie amongst men abroad.

Tything man. Headbo­row, &c. 8 Now whereas euery of these Ty­things (or Boroes) did vse to make choise of one man among themselues, to speak and do in the name of them all: he was [Page 7] therefore in some places called the Ty­thingman, in other places the Boroes Ealder (whom we now cal Borsholder) in other places the Boroehead, or Head­boroe, & in some other places the Chiefe pledge, which last name doth plainelie expound the other thrée that are next be­fore it: for Head or elder of the Boroes, & chiefe of the Pledges be all one. And in some shires, where euerie third borrow hath a Constable, there the officers of the other two be called Thirdboroes.

49. E. 3. [...]in. Kanc. 9 Moreouer, in these Tythings (or bo­roes) sundry good orders were obserued,Old or­ders in Tithings and amongst others these: first that e­uerie man at the age of 12. yéeres shuld be sworne to the King: Vid. 45, Ed. 3.27 Et Kitc. Fol. 12. then, that no man should be suffered to dwell in anie towne or place, vnlesse he were also re­ceiued into some such suertieship and pledge as is aforesaid. Thirdly, that if anie of these pledges were imprisoned for his offence, that then he ought not to be deliuered without the assent of the rest of his pledges: againe, that no man might remoue out of one Tything (or Boroe) to dwell in another, without lawful warrant in that behalfe: lastly, [Page 8] that euerie of these pledges should yéer­lie be presented and brought foorth, by their chiefe pledge at a generall assem­blie for that purpose, which we yet (in remembrance thereof) do call the View of Franke pledge, or the Leete court.

10 Hitherto haue I opened the anci­ent office of the Borsholder, Tything­man, and the rest, whereof also there is yet to this day some shew or remnant in our Leetes or Lawdaies: but if the verie substance thereof were thorough­ly performed (as I knowe no let, but that by law it may) then shuld the peace of the land be much better maintained.

His later office.As touching the later office that these Borsholders, Tythingmen, Headboroes Boroeheads, Thirdboroes, and chiefe pledges haue, it is in manner all one with the office of a Constable of a towne or parish, which is commonlie named a Petie Constable, or Vndercon­stable, bicause he is a small Constable, in respect of the Constable of his Hun­dred, within whose limit he is. For, as about the beginning of the reigne of King Edward the third, petie Consta­bles were deuised in townes & parishes [Page 9] for the aide of the Constables of the Hundreds: so of latter times also, Bor­sholders, Tythingmen, Headborroes, and such like, haue béene vsed as petie Constables within their owne Bor­rowes and Tythings. And yet not so vniuersally, but that some of them haue at this daie none other but their olde office. For in some of the Westerne parts of Englande, you shall sée, that where there be many Tythingmen in one parish, there onelie one of them is a Constable for the Queene, and the rest doe serue but as the ancient Ty­thingmen did. Now therefore, hauing spoken of the names and beginnings of these inferiour officers of the peace, let vs also come to the parts of their duties.

11 Forsomuch as a great and chiefe part of the duty both of these High Con­stables of Lathes, Rapes,Diuision of their office. Wapen­takes, Hundreds, and Franchises, and also of these Constables, Petie consta­bles, Tythingmen, Borsholders, Bor­rowheads, Headborrowes, Thirdbor­rowes, chiefe pledges, & such like mini­sters, by whatsoeuer other names they [Page 10] be called in anie Townes, Parishes, Tythings, Borrowes, Hamlets, or o­ther places of the Realme, doth con­sist in the maintenance of the Queenes Maiesties peace, wherin (as also in som other points) the power of them all is alike, and but one, within their seuerall limits and places of authoritie: there­fore I thinke it good to shew, first what their cōmon and equall dutie is in mat­ters cōcerning the peace, either by their owne authoritie, or vnder the authoritie of others: then afterwarde to declare, what their common and like dutie is in some other things, not concerning the Peace: and lastly, to open those things wherein they haue a distinct and seue­rall dutie one from another.

Their of­ [...]ice concerning the peace. 12 The Conseruation (or mainte­nance) of the Peace, standeth in thrée things, that is to saie, first in foreséeing that nothing be done that tendeth, ei­ther directlie, or by meanes, to the breach of the peace: secondlie, in quie­ting or pacifieng those that are occupied in the breach of the peace: and thirdlie, in punishing such as haue alreadie bro­ken the peace.

[Page 11]And here least anie man should be de­ceiued in not vnderstanding what is ment by these words.What is the breach of the peace. The breach of the peace, he must first of all know, that by the breach of the peace, is vnderstood, not onlie that fighting which we com­mōlie cal the breach of the peace, but al­so that euery murder, rape, manslaugh­ter, and felonie, whatsoeuer, and euerie affraieng, (or putting in feare) of the Queenes people, whether it be by vn­lawfull wearing of armour, or by as­sembling of people to do anie vnlawful act, are taken to be disturbances or brea­ches of the peace.

13. H. 7.10. Cur. 13 But now,To pre­uent things against the peace. for the better preuen­ting that nothing be done against the peace, anie of these officers aforesaide may take (or arrest) suspected persons, which walke in the night, and sléepe in the day: or which do haunt anie house, where is suspicion of bauderie: & they may carrie them before a Iustice of the peace, to find suerties of their good beha­uiour. And if anie such officer be not of sufficient strength to do that alone,Fitz in Iust. Del [...].171. then may he take méet aid of his neighbours thereto: and they, in such cases, be com­pellable [Page 12] to helpe and assist him.

Anie of these officers may also arrest such strange persons as doe walke a­broad in the night season: and for that cause the said statute of VVinchester did ordaine,13. Ed. 1 that night watches shoulde be kept yéerelie, from the feast of the As­cension vntill Michaelmas, by six men at euerie gate of euerie citie, by twelue men in euerie Borough towne, and in euerie other towne by six men, or foure men, or according to the number of in­habitants in the towne, all the night long from Sunne setting to Sunne ri­sing: so that if anie stranger did passe, he should be arrested till the morning, and then for at large (if no suspicion were found of him) but if anie suspicion fell out against him, then he shuld be impri­soned till he might be lawfully deliue­red. And of these watches, the officers before named haue the charge within the limits (or places) of their authori­ties as the Constable in his towne, the Borsholder in his Boroe, and the high Constable within al his Hundred: and these officers ought to sée these Watches duelie set and kept, and ought also to [Page 13] cause Hue and Crie to be raised after such as will not obey the arrest of such watchmen.

[...]a. Nor [...]amp. [...]Ed. 3. [...]ap. 3.Againe, if anie person whatsoeuer (except the Queenes seruants and mi­nisters in hir presence, or in executing hir precepts, or their offices, or such as shall assist them: and except it be vpon Hue and Crie made to kéepe the peace, and that in places where actes against the Peace doe happen) shall be so bolde, as to go, or ride armed, by night, or by day, in Faires, Markets, or anie other places: then any Constable or any other of the saide Officers, may take such ar­mour from him, for the Queenes vse, and may also commit him to the Gaole. And therefore, it shall be good in this behalfe, for these officers to staie and artest all such persons as they shall find to carrie Dags, or Pistols, or to be ap­parelled with priuie coates, or dub­lets: [...]1. Eliz. Reg. as by the Proclamation (made in the one and twentieth yéere of the reigne of our Souereigne Ladie that now is) they are specially commaun­ded.

17 R. 2. c. 8.Furthermore, if anie great assembly, [Page 14] or rumor of people be made in manner of insurrection, then the Shiriffes, Con­stables, and the said other ministers, ha­uing knowledge thereof, ought to go with the strength of the countie, and to set themselues against it, and ought al­so to take and imprison such offendors.

Lastly,Bar. 2 [...] e [...] Fi [...] 22. Ed. 35. Bri [...] if any man do threaten to kill another, and he which is so threatened do praie anie of these Officers to arrest the other to find suerties of the Peace, then may such an officer arrest him to finde such suertie before a Iustice of the Peace, and may also carrie him to pri­son if he refuse to find it.

To paci­fie & pu­nish the breach of the peace. 14 Thus much I haue spoken of those things which doe bend towardes the breach of the peace:1. H. 7▪ but now I will come nearer, to the breach it selfe, and withall to the pacifieng and punishing of the same.

If therefore a Constable, or anie o­ther of the saide officers, shall sée anie men going about to breake the peace, as by vsing hot words, by which an Affray is like to grow, then ought such Officer to command those persons to auoid vp­on paine of imprisonment: and if they [Page 15] will not depart, but shal draw weapon, or giue anie blowe, then ought he to doe his best to depart them, & to kéepe them in sunder: and he may (for that purpose) both vse his owne weapon,3. H. 7. cap. 10.21. H. 7. cap. 21. and may al­so call others to assist him. In which do­ing, if any such officer, or other person comming on his part, doe take hurt, he shal haue good remedie by action against him that did the hurt: but if anie of them that made the Affraie, be hurt by such officer, or by any of his companie, then such a hurt person hath no remedie at all for it.

13. E. 4. cap. 9.And if he that maketh an Affray doe flie into an house, when such an officer commeth to arrest him: then may that officer breake open the doores to take him: and if he that made the Affray do flie from thence also, yet may the Offi­cer followe him, and in fresh suite take him, though it be in another Shire or Countie.

So, if two men be fighting togither in a house (the doores being shut) yet may such an Officer breake open the doores to cause the peace to be kept, though none of the parties haue taken hurt, [Page 16] And in both these causes, such an officer may carrie them before a Iustice of the peace to finde Suertie for the peace, bi­cause they haue broken the peace alrea­die, and are méete to be bound that they shall not thenceforth breake it againe.

But if any of the parties to an Affray, Fitz. 72.38. Ed. 3 6. & 22. li. As. 56. haue receiued any dangerous hurt, then ought such Officer to arrest him that did the hurt, and to carry him to the Gaole, there to remaine till he find suertie to appéere at the next Gaole deliuerie: o­therwise he may with lesse labour car­rie him to a Iustice of the peace, who ought to take order for such suertie, bi­cause the fact may fall out to be Felonie, if so be that he which was hurt doe hap­pen to die within one yéere and a day next following such hurt done.

And as these Officers ought to are rest those that doe make Assault vppon any priuate persons,5. H. 7. so also may they arrest any such as shall make assault (or Affray) vpon themselues whilest they be in doing their offices: and may for that purpose both lawfully defende themselues, and also take the offendors and commit them to the Gaole, or car­rie [Page 17] them to a Iustice of the peace, for the finding of such suertie as is aforesaid.

Barr. 101 en Fitz.But if one do assalt a man, in, or nigh the high way, to rob him, and be taken by the true man, or by any other, and be brought to the Constable, or such other Officer of the place: then ought such Officer, not onelie to take him to his warde, but also to carrie him before a Iustice of Peace to cause him to giue suertie for his Good abearing.

[...]. Ed. 3. cap. 14.17. E 4. cap. 5.So, if any man do suspect another of Murder, or Felonie, and doe declare the same to any such Officer of the place, thē such officer may arrest the suspected per­son, and he shall doe well to carrie him to a Iustice of the Peace togither with him that doth suspect him, to that end that they both may be examined as ap­perteineth. Yea, any of the said officers may search within the limit of his au­thoritie, [...]. Ed. 4. [...]ap. 9. for any persons suspected of Felonie: for it is a chiese part of their office to represse felons.

[...]. H. 7. [...]5.And therefore any of these Officers may (of his owne authoritie) arrest one that is indited of Felonie: So, if the common voice and fame be, that A. B. [Page 18] hath done a felonie, that is sufficient cause for any of these Officers (that shall thereof suspect him) to arrest him for it.

And I like well of their opinion which doe holde,1. H. 7.7 that if information be giuen to any such Officer, that a man and a woman be in adulterie, or forni­cation togither, then the Officer may take companie with him, and that if he find them so, he may carrie them to pri­son.

But this is to be marked,3. H. 4.22. E 4 cap. 35. that in the cases before, and such like, where such an Officer hath arrested, or hath in his ward any offendor that ought to be car­ried to the gaole, there such an Officer is not bound foorthwith to carrie him, but may wel for a reasonable time kéepe him in the Stocks, vntill that conueni­ent prouision of strength may be made to conuey him safely thither.4. Ed. cap. 10 And when he shall bring such offendor to the gaole, then ought the Gaoler to receiue the same fréely, without taking any thing of the Officer for it.

Seruing of pre­cepts. 15 Hitherto (as you sée) I haue spo­ken of the Constable, and of these other Officers, so farre onely as they haue au­thoritie [Page 19] by their owne offices, without any commandement from others. But forsomuch as a great part of their dutie (concerning the peace) resteth in the making of due executiō of the precepts of Higher officers, and specially of the Iustices of the peace, who be (as it were) immediately set ouer them, let vs also sée after what maner these Constables, and other the saide inferiour ministers of the Peace, ought to behaue them­selues in that behalfe.

Albeit then, that these said Officers be subiect to the commandements of the Iustices of gaole deliuerie, and of Oier and Terminer, and of some Higher Iu­stices, yea, and to the precepts of Coro­ners also, and of other Officers, in some certeine cases, yet bicause most cōmon­ly they are called vpon by the Iustices of Peace, [...]. H. 8. p. 18. [...]. H. 7. p. 22. they ought specially to shewe themselues obedient to their precepts, and may not dispute whether their com­mandements be grounded vpon suffici­ent authoritie, or no: as knowing that although a Iustice of the Peace (which is a Iudge of Record) shoulde direct a Warrant beyonde his authoritie to a [Page 20] Constable, or one other of the saide Of­ficers, yet shall such Officer be holden excused for executing the same, howsoe­uer that Iustice of Peace himselfe bée blamed for it.

If therfore a Warrant for the Peace, or good abearing, happen to be directed to any of these said Officers, then ought he with all spéede and secrecie to finde out the partie: and then also may hée laie his hands vpon him, and shew him the matter, and require him in the Queenes name to go with him to put in suertie according to the Warrant. 21. H. cap. 3 And this if the partie shall refuse to doe, then ought such Officer foorthwith to arrest him, and to conueye him to prison, without carrieng him to any Iustice: in which doing, if the partie shall offer any resistance, or shall seeke to escape, then also may such Officer iustifie the beating, or the hurting of him.

But if the partie shall yéeld to go and giue Suertie, 21. H cap. [...] and yet will not go to such Iustice as made out the Warrant, but to some other Iustice, then ought such officer to giue him that libertie, so [Page 21] that it be not far out of the Limit, for else so great trauell might folowe vpon the Officer, as rather he than the offen­dor might séeme to be punished by it.

And here the Officer must take re­gard, and consider whether the Warrant doe come directly from the méere autho­ritie of the Iustices of Peace, or else be grounded vppon a writ of Supplicauit sent downe from higher authoritie (which difference ought to appéere plainely in all Warrants that be well and orderlie made.) And if the Warrant be grounded vppon such a Writ, then may such Officer compell the partie to go to the very same Iustice or Iustices of Peace that made out the warrant, and otherwise he may carrie him to prison, as is said before.

Neither is it requisite, that such an Officer should danse vp and downe af­ter the partie (as many vse to doe) vntil he can finde out suerties: but he may lawfullie kéepe him, vntill that he can get suerties to come vnto him: the igno­rance of which point is the cause, both that many an euill man escapeth, & ma­nie an honest Officer is punished for it.

[Page 22]But here it happeneth many times, that the purtie (hearing that the peace is granted against him) offereth him­selfe with suerties, for that cause vnto some other Iustice of Peace, or findeth such suertie in some of the Courts at Westminster, and so hath a Supersedeas ready to shew such Officer, as commeth to him with a Warrant as is aforesaide. Now, if that be so, then is the Officer discharged thereby, and ought not any further to molest the partie. But yet it shall be good, that such Officer doe kéepe the Supersedeas for his better discharge: least otherwise he be called to account for not seruing the Warrant that was sent vnto him.

If a Warrant be directed to a Con­stable, or such other Officer, to arrest our that is indited of Felonie, 22. lib. Ass 55. Cor. 261 288.318 en Fitz. then may such Officer iustifie the killing of such a partie, if it so be, that he cannot other­wise take him: or of so be, that he resist, or flie, when he is taken.

Finally, the Constable or such other of the said Officers, hauing arrested any to be conueied so the Gaole, must take good héed, that he doe not willingly, or [Page 23] negligently, suffer such partie to escape from him. For, if the arrest were for Felonie, then by a willing escape the Officer himselfe becommeth a Felon al­so. And of whatsoeuer other kinde the offence be, if the Officer do, by his will, or negligence, suffer the partie to escape from him, he shall be fined for it, accor­ding to the quantitie of his fault, by the discretion of those that shall be Iudges of it. And least any such Officer shoulde flatter himself, in thinking that he may passe through with some easie Fine, [...]1. H. 4. cap. 12. Stan [...]. 35 I let him knowe, that the Iudges of his fault may set his fine, equall with the value of all his goods, if in their discreti­ons the same doe so require.

16 Thus haue I performed the first part of my promise, and haue shewed,The e­quall du­ty of these Officers, in mat­ters be­sides the Peace▪ what is the equall and like dutie of e­uerie of the saide Officers in matters concerning the Peace, both by their owne authoritie, and also in dooing the cōmandements of the Iustices of peace: now therfore I must go forward to the second part of my purpose, and am to declare their like dutie in other points of seruice, that doe not concerne the [Page 24] Peace. For equal power is indifferent­ly giuen to any of these Officers by som Statutes of the realme, whereof these that follow be the chiefe.

Attendāt for the ex­ecution of statutes. 17 All Constables and other the said Officers ought to be attendant, aiding,33. H. 8. ca. 10 & 37. H. 8. cap. 7. and assisting to the Iustices of Peace, for the execution of all and euerie the acts (made in, or before the Parleament, hol­den in the 33. yéere of the reigne of King Henrie the eight) concerning Re­teinors, giuing of Liueries, Mainte­nance, Embracerie, Bowestaues, Arche­rie, Vnlawfull games, Forestallers, Re­grators, Vittaile, Vittailers, and Inhol­ders, or any of them, vppon paine that the said Constables, and other the saide Officers shall make such Fines, as by two of the said Iustices of Peace shal be assessed.

Physici­ans. 18 All Constables, and other the saide Officers within London, 14. H 8. cap. 5. 32. H 8. cap. 2.1. M. Pa. 1. cap. 9. or within sea­uen miles thereof, ought (vpon request made, to aide and assist the President of the Colledge of the Physicians in Lon­don, and other persons authorized for the due execution of the Statutes made concerning Physicians, Apothecaries, [Page 25] and Surgeons.

23. H. 6. cap. 14. 19 If any person shall (without law­full bargaine) puruey or take any thing of any of the Queenes liege people,Puruei­ors. to the vse of any (other than of the Queene and hir house) and thereof notice be gi­uen to the Constable, or such other Of­ficer of the place, then such Officer ought (vnder the paine of twentie pound) to arrest such taker, and to carrie him to the next prison.

28. H. 6. sta. 2 c. 2No Purueior of the Queene ought to take any horse, or cart, but by the de­liuerie of the Maior, Bailife, Constable, or such other officer of the place whence that taking shall be.

25. Ed. 3 cap. 1. 36. Ed. 3 sta. 2 c. 2Corne ought to be taken for the Queenes house, by striked measure of eight bushels to the quarter, according as is vsed throughout the land: and the takers of all things to be taken for the Queenes house, shall make their pur­ueiance by the verie values thereof, by the viewe of the Constable, or other such Officer, and by appraisement vn­der oth of foure other good men of the towne, where the taking shall be: and such taking shall be made without dri­uing [Page 26] the preisors by compassion, mena­cing, or other villanie, to set any other price than their oth will, and as com­monly runneth in the next Markets.

Takers, Vndertakers,2 & 3. P & Mar. cap. 6. their Depu­ties, or seruants, shall not take any Beefes, Weathers, Lambes, Calues, or any kinde of Saltfish, or any kinde of graine, or any Butter in any vessels, or Cheese, Bacon, Conies, Pigs, Geese, Ca­pons, or Hens, but by Commission, and a Blanke thereto for that shire annexed: in which Blanke, the said seueral things so to be taken, & the prises of them shall be written, & to which Blanke, the High Constable, Pety Constable, or Headbo­row of the place which any such taking shall be, ought to subscribe his name or signe manuell. And such Taker ought then also to make a Briefe or Docket in writing subscribed with his name, con­teining euerie of the saide things so ta­ken in euerie place: and ought then also (vnder the paine of a Hundred Marks) to deliuer the same to the saide High Constable, Petie Constable, or Headbo­row, who also ought to deliuer it ouer to the Iustices of Peace at their next ge­nerall [Page 27] Sessions within that countie.

10. Ed. 3 cap. 1. 20 In the takings for the Queenes house, Tailes (or Indentures) ought to be made and sealed, betwéene the taker and the owner (in the presence of the Constable, or such other officer, and the preisors of the place) by which Tailes (or Indentures) satisfaction ought to be made to the owner for his things so ta­ken.

20. H. 6. cap. 8. 21 If any Taker will make puruei­ance of any thing (not excéeding the va­lue of xl. s.) and make not readie pai­ment in hand therefore, it is lawfull for the owner to reteine the thing so taken, and to resist such purueiance: and the Constable, Tythingmā, or chiefe pledge of the place (being thereto required by the owner) ought to aide and assist such owner in making such resistance, vnder paine to yéeld vnto him the value of the thing taken, & his double dammages.

14. Eliz. cap. 5. 22 If the Constable, Tythingman, Rogues▪ or such other officer, of any place, be negli­gent, and doe not his best indeuour, for the apprehension of all sturdie Rogues, or vagabends, that shall beg, wander, or misorder themselues within his autho­ritie, [Page 28] and for the bringing of them be­fore a Iustice of Peace, but shall suffer any such to escape, then shall such Con­stable, or Officer forfaite vj. s. viij.d. for euerie such Rogue.

Coro­ners. 23 All Constables and other the said Officers must be attendant vpon Co­roners, 21. H. [...] cap. 2.22. H. 8▪ cap. 14.32. H. 8▪ cap. 3. for the abiuring and conueieng of such persons, as shal take the Church­yard as a Sanctuarie, for safegarde of their liues, by occasion of any Felonie by them done.

22 All these things heretofore re­hersed, whether they concerne the pre­seruation of the Peace, or any other matter besides the Peace, may & ought to be done and executed indifferently (as I thinke) by any of the saide Offi­cers within the precinct of his authori­tie: that is to say, as well by the high Constable of the whole Hundred or Franchise, within his Hundred or fran­chise, as by the Constable, pety Consta­ble, Tythingman, Borsholder, Boroe­head, Headboroe, Thirdboroe, or chiefe Pledge, within his towne, parish, Ty­thing, Boroe, or Hamlet: and that so, as none of them hath more power of of­fice [Page 29] therin than the other, although some of them haue longer limits of place thā the rest.

But now I am come to such things as do seuerally belong to some of these Officers, High Consta­ble of a Hundred. so as the others may not med­dle therewith (which is the third part of my promise) and therefore I will take that in hand also: and bicause the Constable of the Hundred, or franchise, is the greatest of these Officers, both in respect of his larger precinct of place, and also of the higher trust that is com­mitted vnto him, I will begin at him: who, as he is not by and by set alone, but is for some matters no further au­thorized than some other of the said Of­ficers, so I will first begin at those, and then come to the rest that belong onelie to himselfe.

14. Eliz. cap. 5. 25 The mony appointed to be leuied by the Churchwardens of euerie parisheth Sonday for the reliefe of Prisoners in the Gaole,Priso­ners. ought (vnder the paine of fiue l.) to be paied by them once euerie quarter of a yéer to the high Constables or head Officers of euery Hundred, Ty­thing, Wapentake, towne, or parish: [Page 30] and the saide high Constables, or head Officers ought (vnder the paine of 5. l.) to paie ouer the same money so to them paid, of the next quarter Sessions of the Peace, to such person as shal be appoin­ted by the Iustices of Peace to receiue the same.

Collec [...]or for the poore. 26 If any person lawfully appointed by the Iustices of Peace to be Collector for the poore, shall refuse to accept it,14. El [...] cap. 5. or accepting it, shall be negligent therein, he shal lose to the poore of that place for­tie shillings, which shall be leuied by distresse, or recouerie by Action by the high Constable, or Tythingman of the place: who also, if he be negligent, or refuse so to sue within two monethes next after such default, shall lose fiue pounds.

It séemeth to me, that in these two ca­ses next aboue, the words, high Consta­bles, high Tythingmen, & head Officers doe exclude Petie Constables, Borshol­ders, and such like to meddle therein: bi­cause none are called High, or Head, but in comparison of Lowe and Base. High Consta­ble alone. Now therefore I will speake of mat­ters concerning the high Constable of [Page 31] the hundred alone.

5. Eliz. cap. 4. 27 High Constables of Hundreds in all such Shires, Pety ses­sions. where Petie Sessions for seruants and labourers (otherwise cal­led statute Sessions) were vsed to be kept, before the first day of the Parle­ament holden in the fift yéere of the reigne of our gracious Queene Eliza­beth may yet still holde their said Sessi­ons, so that nothing be done in them, re­pugnant to the Statute of labourers and seruants made in the same Parlea­ment.

13. E. 1. sta. Wy. 28 The Constables of Hundreds,Watches and high­waies. and of Franchises, ought to make present­ment to the Iustices of Peace, and to all other Iustices thereto assigned, of the de­faults of watches, and of the defaults of the Queenes highwaies not inlarged so, as no ditches, vnderwood, or bushes be within 200. foote on euerie side of the same, and also of such as lodge stran­gers in vplandish townes, for whome they will not answere.

14. Eli. cap. 5. 29 The Constables, or Tythingmen of euerie Hundred, Rape,Poore people. or Wapen­take, in which any abiding place to set the poore people in, shall be appointed [Page 32] by the Iustices of Peace, shall once eue­rie moneth (vnder the paine of twentis shillings) make a view and search of all the aged, impotent, and lame persons within their authoritie, and all such as they shall finde, not being borne, nor within thrée yéers next before dwelling within that diuision (except lepreus and Bedread persons) they shall presentlie sée conueied, on horsebacke, in cart, or o­therwise by their discreations, to the next Constable, and so from Constable to Constable, the directest way, till eue­rie of them be brought to the place where he or she was borne, or most con­uersant by the space of thrée yéeres next before, there to remaine in some such abiding place, or otherwise to be proui­ded for.

High waies. 30 Estreates indented ought to bée made by the Clearks of the Peace,2. & 3. P & Mar. cap. 8 & 5. El. 13. and by Stewards of Leetes, of all forfaitures rising in the Sessions of the Peace, or in Leetes, vppon the Statutes of high­waies: of which Estreats, one part ought to bée deliuered yéerelie within sixe wéekes after Michaelmas, to the Bai­life or high Constable of the Hundred, [Page 33] Lathe, or Wapentake, wherein the de­fault was committed, and the other part to the Constable and Churchwar­dens of the parish in which the default was made, to the insent, that such Bai­life, or chiefe Constable, may thereby leuie by distresse the same forfaitures, or the double thereof (if no distresse can be found, or if such forfaitures be not paid within twentie daies after a law­full demand of the same by the said offi­cer) and to the intent also that the saide Constable and Churchwardens of the parish may therby cal the said Bailife, or High Constable to account before two Iustices of the Peace (the one being of the Quorum) betwéene the first day of March, and the last of Aprill yéerely for the said forfaitures, which ought by the said Churchwardens to be bestowed on the Highwaies in their parish. And vpō such account, euerie such Bailife, or high Constable shall haue for his paines viii. pence of euerie pound leuied and paied by him, and may also reteine xij. pence for the fée of the Clearke of the Peace or Steward of the Leete, for euerie such Estreate by any of them deliuered, as [Page 34] is aforesaid.

Consta­ble of a towne. 31 Next after the Constable of the Hundred, Wapentake, or Franchise, followeth the Constable of a Towne, who is somewhere called a High Con­stable, for that he hath there a Petie Constable vnder him, and is somtimes also termed a Head Officer, bicause in some Corporate townes Constable is part of the name of their Incorporation. And now also bicause there be sundrie things that are by the Statute Lawes indifferently referred to him, or to the Tythingman, Borsholder, or such other inferiour officer of the place: therefore I will first set downe those, and then af­terward speake of the rest that are com­mitted to him only, and to none of them.

Seruāts 32 No person reteined in husban­drie,5. Eliz. cap. 4. or in any the Arts appointed by the Statute of Labourers (made in the fift yéere of our Souereigne Ladie Queene Elizabeth) may depart, after the time of such reteinour expired, out of the towne or parish where he last serued, to serue in another, vnlesse he haue a Testimo­niall vnder the seale of the Constable, or other such Officer, and of two other ho­nest [Page 35] housholders of the towne or parish where he last serued, according to this forme: Memorandum, that A.B. late ser­uant of C.D. of E. in the countie of K. husbandman, or Tailor, &c. is licensed to depart from his saide Maister, and is at his libertie to serue elsewhere, accor­ding to the statute in that case made and prouided. In witnesse whereof, &c. dated the day, moneth, yeere, and place of the making thereof. Which Testimoniall, the Parson, Vicar, or Curate of the pa­rish where such Maister, Mistresse, or Dame doth dwell, ought to register, taking onelie ij.d. therefore. And if such person be accepted into any other ser­uice, without shewing such Testimoni­all to the Constable, or such other Offi­cer, Curate, or Churchwarden of the place where he shall be accepted, he shall be imprisoned till he procure such a Te­stimoniall, which if he doe not within 21. daies next after the first day of his imprisonment, he shall be whipped as a Vagabond.

5. Eliz. cap. 4. 33 In the time of hay,Labou­rers. or cornehar­uest, the Constable, or such other Offi­cer of any township, vpon request made, [Page 36] and for auoiding the losse of any corne, graine, or haie, may cause all such artifi­cers and persons (as be meet to labour) by his discretion to serue by the day, for the mowing, reaping, shearing, getting, or inning of corne, graine, or hay, accor­ding to the skill and qualitie of the per­son: and if any such person shall refuse so to do, then ought such Officer (vnder the paine of fortie shillings) to imprison such refuser in the Stocks, by the space of two daies and one night.

Rogue. 34 Euerie Rogue that shall be ap­prehended,18. Eliz cap. 3. ought to be conueied (from the Iustice of Peace before whome he shall be brought) by the Constable, or such other Officer of the parish where the apprehension shall be, but onelie to the Constable, Tythingman, or other such Officer of the next Towneship, or parish, in the next Hundred, and so from one Hundred to another, by the Consta­ble, or such other Officer of euerie such Towneship or parish which shalbe next in euery such Hundred, the direct waie, vntil they shal come to the Gaole or pri­son appointed for such Rogues: vnder the paine of vj. s. viij d. for euery default [Page 37] of such Constable or Officer.

35▪ The Constable, Borsholder, High waies. or other such Officer, and the Churchwar­dens of euerie parish, ought yéerely vp­on the Tuesday or Wednesday in Ea­ster weeke, to call togither a number of the parishioners, and to choose two ho­nest men of their parish, to be Suruei­ors of the works for amendment of the high waies within their parish leading to any market towne: and ought then also to appoint sixe daies for the amend­ment of those high waies before Mid­sommer then next folowing: and ought openly in the Church, the next Sunday after Easter, to giue knowledge of the same sixe daies.

They also ought to haue one part of the Estreates indited, and may call the Bailife or high Constable to Accompt, [...]2. & 3. P & Mar. cap. 8. & [...]5. El. 13. concerning the forfaitures for default of amending Highwaies, as hath alrea­die appéered before. And they also or any of them, may leuie by Distresse and by sale of such Distresse, all summes of money forfaited for anye cause with­in the Statute of Highwaies made in the eightéenth yéere of the Queenes [Page 38] Maiestie that now is (if so be that the Surueiors of High waies shall not be­fore haue leuied and imploied the same within one yéere next after the offence committed) & shall yéeld Account there­of before two Iustices of the Peace,18. Eliz. cap. 10. as is afore shewed.

36 These things last aforesaid, doe (in mine opinion) pertaine as well to the charge of a Tythingman, Borshol­der, Headboroe, Chiefe pledge, or such other inferiour Officer of a towne or parish, as they doe to the Constable of such a towne or parish,Things belōging onelie to the Con­stable. that hath any of those other Officers there vnder him. But some other points of charge there be, that belong to him onlie, and to none of them: as for example.

Weights and mea­sures. 37 Euerie Citie, Borough,8. H 6. cap. 5. 11. H. 7. cap. 4. and mar­ket towne, that haue a Constable, ought also to haue common measures sealed, and also common weights sealed, at which the inhabitants may fréelye weigh.

Merchandize. 38 If any woolles,14. H. [...] cap. 5. or other merchan­dize, be shipped to the Staple, in any sus­pected place adioining to the coast of the water, then Indentures ought thereof [Page 39] to be made betwéene the owner, and the Maior or Constable of that place: or o­therwise such merchandize shall be for­faited.

[...]3. H. 8. cap. 9. 39 The Maior, Shirifes, Bailifes,Vnlaw­ful games Constables, and other head Officers within euerie Citie, Borough, & towne within this Realme, where any such Officers be, ought vnder the paine of xl. s. for euerie default, once euerie mo­neth at the least, to make search (aswell within liberties, as without) in all pla­ces where any vnlawfull games shall be suspected to be kept, and may arrest and imprison aswell the kéepers of such places, as the haunters to the same, till they be bound, no more to kéepe & haunt such places. And if any such Head Offi­cers, shall find or knowe, that any arti­ficer, craftesman, husbandman, appren­tise, labourer, seruant at husbandrie, iourneyman, or seruant of artificer, or that any mariner, fisherman, waterman or seruingman, doth plaie at the Ta­bles, dice, cards, tennise, bowles, clash, coiting, logating, or any other vnlaw­full game, out of Christmas time, or out of their Maisters house or presence in [Page 40] the Christmas time (vnlesse it be by the licence of such Maister as hath 100. l. by the yéere, or aboue, and then also that plaieng be within the precinct of such Maisters house, garden, or orchard) then such head Officer may commit such of­fendor to warde, till he will be bound by Obligation to the Queenes vse (in such summe as to the discretion of such Offi­cer shall be thought reasonable) that he shall not from thencefoorth vse such vn­lawfull games.

Bridges. 40 Those foure Iustices of Peace,22. H. 8. cap. 5. that bée authorised by the Statute to make taxation of monie for the amend­ment of any decaied bridge in the high waie, ought to make that taxation, by the assent of the Constables, or of two of the most honest inhabitants of euerie towne or parish.

Vessels. 41 In all Cities, Boroughes,23. H. 8. cap. 4. and townes, wherein no Wardens of Cow­pers be, the Maiors, Shirifes, Bailifes, Constables, or other head officers there haue power to search, view, and gawge, barrels, kilderkins, firkins, and other vessels, to be made there, and to take such aduantage thereby, and in such ma­ner, [Page 41] as the Wardens of Cowpers with­in the Citie of London may take on eue­rie behalfe.

42 The Maiors, Shirifes,Hats and caps. Consta­bles,21. H. 8. cap. 9. 1. Mar. Parl. 1. cap. 11. and other head Officers of any place, to which woollen hats, bonnets, or caps (being made out of this Realme) shalbe brought, ought (vpon knowledge thereof to them to be giuen by the Cu­stomer of such place, or his deputie) to ioine with such Customer, or deputie, in the sale of such hats, bonnets, or caps for such prises, as by the statute are li­mited: vpon paine to forfaite twentie pounds for euerie time that they shalbe remisse in that sale.

43 In all these cases also, last be­fore rehearsed, it séemeth that Borshol­ders, Tythingmen, Headboroes, and o­ther such (being in townes and pari­shes, vnderneath Constables that be there) cannot meddle: bicause such Con­stables be (in comparison of them) called Head Officers.

Now therefore vpon all the whole discourse before written,The Con­clusion. it may wel ap­péere, that Borsholders, Tythingmen, Headboroes, Boroeheads, Thirdboroes, [Page 42] and chiefe pledges, whether they be there the onelie Officers for the peace, or be vnderneth Constables, may with­in their Borowes, Tythings, or Ham­lets, doe manie things that the others may doe: and that there are manie o­ther points, which those other Officers may doe, and wherewith these Borshol­ders and the rest cannot meddle at all. And therefore, to auoid idle repetition of matters alreadie spoken, I say short­ly, that it an Vnder Borsholder, Ty­thingman, Headboroe, Boroehead, Thirdboroe, or chiefe pledge, will sée what belongeth to him to doe, he must looke before vpon all such cases, where his power is declared to be equall (for those points) with the power, either of a High Constable of the Hundred, or a Constable of a towne or parish: for in all such things he hath to deale as well as they: but where any thing before is shewed to apperteine onlie to the High Constable of a Hundred, or onlie to the Constable, or chiefe or head Officer of a towne or parish, there such a Borshol­der, Tythingman, or any of the rest, hath nothing to doe with it.

[Page 43]And thus, hauing opened, so shortly, and plainly, as I could the duties of all these said ministers of the peace, I doe shut vp this worke: desiring those that shall take any profit of this labour, to yéelde thanks to God the most liberall giuer.

WHilest I passed through som of the statutes before, con­cerning the Offices of Con­stable & Borsh [...]lder, I found them mingled with diuers duties per­teining to the Churchwardens of pari­shes: the Surueiours of the highwaies: the Distributors of the prouision for the destruction of vermine: the Collectors and Ouerseers for the poore: & the War­dens and Collectors for the houses of Correction: whereby I was also moo­ued to adde somewhat of these Offices, the rather bicause I was persuaded, that with that little more of labour, I might doe a great deale more of good, seeing that thereby the plaine countrie man should (after a sort) be furnished with all maner of vnderstanding (in the temporall lawe) néedfull for the exercise of any of those offices that may lightly fall vpon him.

First therefore, I will speake of the Churchwardens office, but that so farre [Page 47] foorth onelie, as the common lawes and statute Lawes of the Realme doe leade me▪ knowing, that such other parts of that Office, as doe rest vpon the Lawes Ecclesiasticall, be from tune to time suf­ficiently both taught and called vpon, by those that haue the Execution of the same.

These Churchwardens of Parishes be taken (in fauour of the Church) to be for some purposes a maner of Corpora­tion at the common law: that is to say,Office of Church­wardens by the cō ­mon law. Persons enabled by that name, to take mooueable goods or cattels, and to sue, and be sued at the Law, [...]. H. 7. [...]l [...]mo. concerning such goods for the vse and profite of their pa­rish. And therefore, a man may well in his life time giue, or by his last will be­qeath mony, or other moueable things to the Churchwardens, or to the pari­shioners of a parish, either for the repa­ration of their Church, or towards the [...]uie [...] of bookes,Li. Intra [...]ol. 576. Communion cuppes, Linnéen clothes, or other decent orna­ments or furniture for the Church. Which maney of gift is so much fauou­red in the Lawe, that it is not altogi­ther néedfull, in such a gift, for a man to [Page 48] vse to expresse words or writing. For if a man doe buie a Bell, and doe hang it vp in the Stéeple, or doe make a Pewe, and doe set it vp in the Church, and doe neither make any worde or writing thereof, yet is this Bell,11. H. 4. cap. 12.8. H. 7. cap. 1 [...]. or Pewe, by this dedicated or giuen to the Church.

They shall haue Action. 2 Now, although Churchwardens shall haue none Action at the common lawe to recouer a legacie, or such other thing which they neuer had: yet neuer­thelesse, if any such goods, or ornaments of the Church be once in their possessi­on and custodie,37. H. 6.30 & 34 11. H. 4. cap. 12.8. E. 4. [...] then shall they main­taine an Appeale of Robberie against him that stealeth them, or an Action of Trespasse against him that shal wrong­fully take them away (though it be the Vicar, or Parson himselfe) and the da­mages that they shall recouer there­by, shall be to the vse and benefite of the parish, and not to their owne vse.Fitz. n [...] br. 91. [...] mes. 19. H. 6.66. ad on [...] But if those Churchwardens (from whome the goods were so taken) shall happen to die, before any Action by them brought for the goods, yet shall the next Churchwardens haue Action for [Page 49] the same.

3 And forsomuch as these Church­wardens be officers, They may not waste the Church goods. put in trust for the behoofe of their parish, therefore also are they not enabled with any other power, than for the good and profite of the parish. So that Churchwardens can neither giue awaie, nor release, at their owne pleasure, the goods of the Church. For if the Parishioners shall finde that they doe vnprofitably waste, or mispende the goods of the Pa­rish, then may they remoue such church­wardens, by making their choice of new: [...] E. 4.6 which new Officers may (by Ac­tion of account) call to account the for­mer Churchwardens, They may be remoo­ued, and braught to account. and shall thereby compell them, both to giue reckoning of their doings during their office, and also to make satisfaction to the vse of the Parish for the harme that it hath re­ceiued by their fault. And although the vsage and custome of the Parish be, that the Churchwardens there shal con­tinue in their Office, [...]. H. 8. p. 5. by the space of one whole yéere or two yéeres, or more (as indéed som Parishes haue such customs) yet vpon such, or the like misdemeanor [Page 50] found in them, may the parishioners at all times procéed to an Election of new Churchwardens, and may remooue the olde, for that otherwise they haue no meane by our Lawe to call them to their Account, but by such as shalbe put in their place. Neuerthelesse, those for­mer Churchwardens shal (vpon the ma­king of such their Account) haue allow­ance of all néedefull summes of money, or other things, which they haue expen­ded, either vpon the reparation of the body of the Church, or for the prouision of méet and lawfull ornaments, or other furniture of the Church or Parish: bi­cause they are compellable (by the Ec­clesiasticall Lawes) so to lay foorth the goods of the parish committed to their custodie and charge. They shall haue allowance also (vpon such their Ac­count) of the money paied by them for reléefe of prisoners in the cōmon gaole, by vertue of the Statute 14. Eli. caep. 5. and of whatsoeuer other thing that they are by lawe chargeable to doe.

They haue not to do with lands. 4 This (in effect) is the power and charge that the common Law doth giue to Churchwardens: for, as touching any [Page 51] estate in lands, or the profites of any lands, Churchwardens haue not to med­dle at all: insomuch, that if the walles, windowes, or doores of the Church, be broken, or the trées in the Churchyarde be cut downe, or the grasse therof be ea­ten vp, then the Parson, or Vicar (and not the Churchwardens) shall haue the Action for it:11. H. 4. cap. 1 [...].12. H. 7. cap. 27.23. H. 7. cap. 9. bicause Churchwardens are not by Lawe allowed to be a Cor­poration for any other thing,Church­wardens office by the sta­tute. than for mooueable goods onelie. Now therefore I will shew how their office is increa­sed by a fewe Statute lawes, that doe concerne the same.

[...]. Eliz. cap. 2. 5 All persons inhabiting within the Queenes Maiesties dominion,Repaire to the Church. shal dili­gently and faithfully (hauing no lawful or reasonable excuse to be absent) ende­uor themselues to resort to their parish Church or Chappell accustomed, or (vp­on reasonable let thereof) to some vsual place where common praier and such seruice of God (as is conteined in the booke of common praier) shall be vsed in such time of let, vpon euery Sunday and other daies ordeined and vsed to be kept as holie daies: and then and there [Page 52] to abide orderly and soberly, during the time of the common praier, preachings, or other seruice of God, there to be vsed and ministred, vpon paine of punish­ment by the Censures of the Church, and also vpon paine that euery person so offending shall forfait for euery such offence xij.d. to be leuied by the Church­wardens of the parish where such of­fence shal be done, to the vse of the poore of the same parish, of the goods, lands, and tenements of such offendor, by way of distresse.

High waies. 6 The Constables and Churchwar­dens of euery parish shall yéerely vpon the Tuesday or Wednesday in Easter wéeke,2 & 3. [...] & Mar [...] cap. 8. [...] 5. El. 13 [...] call togither a number of the pa­rishioners, and shal then elect and choose two honest persons of the parish to be Surueiors and orderers of the works for one yeere for amendemint of the Highwaies in their parish, leading to any Market Towne: which persons shall take vpon them the execution of their said offices, vpon paine, euery of them making default to forfaite xx. s. And the saide Constables and Church­wardens shall then also name and ap­point [Page 53] sixe daies for the amendement of the said highwaies before Midsummer then next following: and shall openly in the Church the next Sunday after Easter giue knowledge of the same sixe daies. And they also ought to haue one part of the Estreates indented, and shall call the Constables to account, &c. as it doth appeere before in the 30. Article of the Constables office.

See after also in the office of the Sur­ueiors of the High waies, for leuieng those forfaitures, by the Churchwar­dens, if the Surueiors shall not leuie and imploie the same within one yeere after the offence committed.

5. Eliz 5 7 If any person within this Realme shall (without lawfull licence) eate any flesh vppon any daies now vsually ob­serued as fishdaies,Eat flesh. or shall vppon any Wednesday now newly limited to be obserued as Fishday, haue aboue one dish of flesh, for which also he shall then haue thrée seuerall dishes of Sea fish, shall forfaite thrée poundes for euery such offence, or else suffer thrée moneths imprisonment. And euery person with­in [Page 54] whose house any such offence shall be done, & being priuie or knowing there­of, and not effectuallye disclosing the same to some Publike Officer hauing authoritie to punish the same, shall for euerie offence forfaite fortie shillings: the third part of all which forfaitures shall be to the vse of the Parish wherein the offence shall be, and to be leuied by the Churchwardens after any conuicti­on in that behalfe.

Licence to eate flesh.The licence for eating of flesh,5. Eliz. cap. 5. to be giuen to any person for notorious sicke­nesse, by the Bishop of the Dioces, or by the Parson, Vicar, or Curate of the Pa­rish, ought to be registred (if that sicke­nesse shall continue aboue eight daies after such licence granted) in the church booke with the knowledge of one of the Churchwardens there: and the par­tie licenced shall giue iiij. d. to the Cu­rate for the entrie thereof.

8. In euerie parish,8. Eliz. ca. 15. & 14. Eli. cap. 11. the Churchwar­dens,Destruc­tion of vermine. with sixe other parishioners (to be required by the Churchwardens) shall yéerly in one of the holydaies in Easter wéeke, and at euery other time when it shall be néedfull, taxe and assesse euery [Page 55] person hauing the possessiō of any lands or tythes within that parish, to pay such summes of money as they shall thinke méete, according to the quantitie of such their lande or tythes. And if any such person doe denie to pay the same, or doe not pay the same (within fourtéene dais next after request thereof made by the Churchwardens, or one of them) then such person shall forfaite for euery time fiue shillings, which (togither with the [...] assesed) shall he leuied by di­stresse of the goodes and cattels of such person, to be taken by the Churchwar­dens, or one of them, the same distresse to be ordered and vsed, as distresses ta­ken for amerciaments in any Léetes. And as well the said summes as penal­ties (if any of them be so leuied) shall be yéerly by the Churchwardens, or one of them, for the time being, deliuered by Billes indented to two honest and sub­stantiall persons of the parish which shall be elected and appointed by the Churchwardens, and shall be named, The Distributors of the prouision for the destruction of noisome foule and vermine. And if the saide Churchwar­dens, [Page 56] sixe persons, or Distributors, or any of them, shall refuse or make de­fault in the execution of any part of this act, contrarie to the forme thereof, then such offendor shall forfait for eue­ry default fiue pound, the one moitie to the Queene, the other to him or them (vsing tillage yéerely within the same shire) that will sue therefore in anye court of Record.

For the rest of the office of the church­wardens, concerning this matter, see af­terward in the dutie of these Distribu­ters. See also in Constables, Artic. 25. for the gaole monie to be leuied by church­wardens.

VPon the sixe daies appointed for2. & 3. & Ma [...] cap. 8. 5. El. 1 [...] working in the High waies in such sort as is before declared in [Page 57] the sixt Article of the Churchwardens office, euery person for euery Plough land in tillage, or pasture that hée or they shall occupie in the same parish, and euerie other person kéeping there a draught or plough, shall finde and sende, at euery day and place to be ap­pointed for the amending of the waies in the parish as is aforesaid, one waine or Cart, furnished after the custome of the countrie, with Oxen, Horses, or other cattell, and all other necessa­ries, méete to carrie thinges conue­nient for that purpose, and also two able men with the same, vppon paine of euery draught making default ten shillings. And euery other houshol­der, and also euery cottager and labou­rer of that parish, able to labour, and being no hired seruant by the yéere, shall by themselues, or one sufficient la­bourer for euery of them, vpon euery of the said sixe daies, worke and trauell in the amendement of the said highwaies, vpon paine of euery person making de­fault to lose for euery day twelue pence. And if the carriages of the parish or any of them shall not be thought néedefull [Page 58] by the Superuisors to be occupied vpon any of the saide daies, that then euery such person that shoulde haue sent any such carriage, shall sende to the saide worke for euery carriage so spared two able men there to labour for that day, vpon paine to lose for euery man not so sent to the saide worke twelue pence. And euery person and carriage aboue­saide, shall haue and bring with them such Shouels, Spades, Pickes, Mat­tocks, and other tooles and instruments, as they doe make their owne ditches and fences withall, and such as be ne­cessarie for their said worke. And all the said persons and carriages shall do and kéepe their works, as they shall be ap­pointed by the saide Superuisors, or one of them, eight houres of euery of the said daies, vnlesse they shall be otherwise li­censed by the said Superuisors, or one of them.

From hencefoorth it shal and may be lawfull to all and singular Superuisor and Superuisors and orderers of the works for the time being, for the a­mendment of the said highwaies there­vnto elected and appointed, according [Page 59] to the statute made in the seconde and third yéere of King Philip and Quéene Marie, for the better reparation and a­mendement of the high waies within their seuerall parishes & limits where they shall be so made Superuisors (if it shall be so to them thought necessarie) to take and carrie awaie of the rubbish or smallest broken stones of any Quar­rie, or Quarries lieng or being within the parish where they shall be Superui­sors without licence, controllment or impeachment of the owners or owner, so much as by their discretions shall bée déemed and iudged necessarie to the a­mendement of the said waies. And that for default of any such Quarry or Quar­ries, it shall and may be lawfull to eue­ry such Superuisor, or Superuisors, for the vse aforesaid, in the seueral grounds of any person or persons, being within the parish, and limits where they shall be Superuisors, and nigh adioining to the waie or waies wherein such repa­rations shall be thought necessarie to be made, and wherein grauell, sand, or sinder is likely to be founde, to digge or cause to be digged, for grauell, sand, or [Page 60] sinder, and likewise to gather stones li­eng vpon any lands or grounds with­in the parish, and méete to be vsed to such seruice and purpose, and thereof to take and carrie away so much as by dis­cretion of the said Superuisors shall be thought necessarie to be imploied in the amendment of the said highwaies. Pro­uided alwaies that it shall not be law­full to any such Superuisor, or Superui­sors, by vertue of this act, to cause any rubbish to be digged out of any Quarrie or Quarries, but onelie shall extend to such rubbish as shall be found there rea­die digged by the owner or owners of the saide quarrie or quarries, or other­wise by his or their licence and cōman­dement, nor shall not extend to giue au­thoritie to any Superuisor or Superui­sors to digge, or cause to be digged, any grauell, sand, or sinder in the house, gar­den, orcharde, or medowe, of any person or persons, nor that it shall be lawfull by this act to any such Superuisor or Su­peruisors to cause any more pits to bée digged for grauell in any seuerall and inclosed ground than one only, and that the same pit or hole so digged for grauel [Page 61] as is aforesaide, shall not by any waie be in breadth or length aboue ten yards at the most. And that euery such Super­uisor as shall cause any such pit to be made, and digged for grauell, sande, or sinder, as is aforesaide, shall within one moneth next after any such digging or pit made, cause the same to be filled, and stopped vp with earth, at the cost and charges of the Parishioners, vpon paine to forfaite to the owner and owners of the soile, wherein any such pit shall be made and digged, for euery default, fiue marks.

Eli. 13.From henceforth, euery such Super­uisor and Superuisors, as is aforesaid, shall by force of this act, within the pa­rish or limits where he or they shall be Superuisors, haue full power and autho­ritie to turne any such water course, or spring of water, being in any of the said highwaies, into any ditch, or ditches of the seuerall ground or soile of any per­son or persons whatsoeuer next adioi­ning to the saide waies, in such maner and forme as by the discretions of the said Superuisors shal be thought méetest and conuenient.

[Page 62]Such Superuisor, or Superuisors, for the time being within one moneth next after default or offence made, done, or committed by any person or persons, contrarie to the prouision, purport, and true meaning of the statute made (con­cerning highwaies) in the seconde and third yéere of King Philip and Queene Marie, shall present euery such default or offence to the next Iustice of Peace for the time being, vpon paine to forfeit for euery such default and offence, in such sort not by them presented, xl. s.

Euery person or persons (except such as shall dwell in the Citie of London) that shall be assessed to the paiment of any Subsidie to hir Maiestie to fiue l. in goods, or fortie shillings in lands, or aboue, during all such time as he shall stand so assessed & not altered, and be­ing none of the parties chargeable for the amendement of highwaies by any former law, but as a Cottager, shal find two able men yéerely, to labour in the highwaies, at such daies and times, as by the seuerall statutes thereof are li­mited and appointed. And euery other that hereafter shall occupie a plough [Page 63] land in tillage or pasture, lieng and be­ing in seuerall parishes, shall be charge­able to the making of the waies within the parish where he dwelleth, as farre foorth, and in such maner and forme, as any person hauing a plough land, in any one parish, is or ought to be chargeable, by reason of the said former statutes, or either of them. And euerie person or persons, occupieng and kéeping in his or their hands or possessions, seuerall or diuerse plough lands, as aforesaid in se­uerall or diuerse townes, shall be char­ged to find in ech towne or parish (wher the plough lands being in his occupieng doe lie) one Cart, Waine, Tumbrell, dung Pot, or Court, Sleads, Carres, or Dragges, furnished for the amendment and repairing of the highwaies within the seuerall parishes where the saide plough lands doe lie, in such maner and forme, as if he or they were a Parishio­ner dwelling within the parishes, wher the same seuerall plough lands doe lie.

Euery person or persons, that shall not repaire, ditch, or scowre any haies, fences, ditches, or hedges adioining to any high way or common fairing way, [Page 64] or shall not cut downe or kéepe lowe all trees and bushes, growing in or next adioining to any the saide waies accor­ding to the true intent & meaning of the act made in the fift yéere of the Quéenes Maiestie reigne that now is, for euerie offence committed therein, contrarie to the true intent thereof, shall forfuit and lose for euery default ten shillings And all and euerie person and persons that shal occupie any lands adioining to the said ground, so adioining to any such high way, or cōmon fairing way, where any ditching or scouring shuld or ought to be as aforesaide, shall from time to time, as néed shall require, ditch or scowre in his and their ground so adioi­ning, whereby the water conueied from the said high waie, or common fairing waie, ouer the ground next adioining, may haue passage ouer the said ground, so next adioining to that ground, vpon paine of forfaiture for euerie time so of­fending, for euerie roode not so ditched and scowred, xij.d.

No person or persons hauing any ground by lease or otherwise, adioining to any high waie, or common fairing [Page 65] waie, leading to any market Towne, shal cast or scowre any ditch, & throwe or lay the soyle thereof into the high waie, and suffer it to lie there by the space of six moneths to the annoiance of the said high waie, or common fairing waie, vpon paine of forfeiture for euery load of soyle, so cast into the high waie, or common fairing waie, in ditching or scowring, xij.d. And where any hereto­fore haue béen so cast into the high way, or common fairing waie, that there is a banke betwéene the saide waie and the ditch, it shall be lawfull for the Suruei­ors and workemen, by the Lawes and Statutes of this Realme, appointed for the amendment of the saide waies, to make stuces or other deuises by their discretions, to conuey the water out of the said waie into the ditch: any lawe, right, interest, custome, or vsage to the contrarie notwithstanding.

Euerie penaltie, summe or summes of monie forfeited for any cause within this statute, shall be leuied in euery pa­rish by the Suruciors of the waies with­in that parish for the time being, by di­stresse, & sale of distresse, in manner and [Page 66] forme as fines or amerciaments in Leetes haue béene vsed, and the monie so leuied, to be imploied vppon the high waie, or common fairing waie where the offence was committed. And if the Surueiors shall not or wil not leuie and imploy the same within one yéere after the offence so committed, that then the saide summe or summes, forfaiture or forfaitures, shall be leuied in forme a­foresaide, by the Constables or Church­wardens of the towne or parish where the worke ought to be done in the high­waie (as aforesaide) and that he or they so leuieng any of the said penalties or forfaitures, shall make and yéeld such account as is appointed in the before recited statutes, or either of them.

THese Distributers being so cho­sen,8. Eliz. ca. 15. [...] 14. Eli cap. 1 [...] and hauing monie (as is be­fore shewed in the 8. Article of [Page 67] the Churchwardens office) shall giue and pay of the same monie so to them deliuered to euerie person that shall bring to them any heads of old Crows, Choughs, Pies, or Rookes, taken with­in the seuerall parishes, for the heads of euerie thrée of them a penie: and for the hends of euerie sixe yoong Crowes, Choughs, Pies, or Rookes taken, as is aforesaide a penie, and for euerie sixe egges of any of them vnbroken a pe­nie: and likewise for euerie xii. Stares heads a penie. All which said heads and egges, the said Distributers in som con­uenient place shall kéepe, and shall eue­rie moneth at the least bring foorth the same before the saide Churchwardens and taxors, or thrée of them, and then and there to them shall make a true ac­count in writing, what mony they haue laied foorth and paid for such heade and egges, and for the heads of such other rauenous birds and vermine, as are hereafter in this act mentioned. That is to saie: for euerie head of Merton, Haukes, Fursekite, Moldkite, Bussard, Schagge, Carmerant, or Ringtaile two pence, and for euerie two egges of them [Page 68] a penie: for euerie Iron or Ospraie [...] head, iiii.d. for the head of euery Wood­wall, Pie, Iay, Rauen, or Kite, a penie: for the head of euerye birde, which is called the Kings Fisher, a penie: for the head of euery Bulfinch, or other bird that deuoureth the blouth of fruit, one penie: for the heads of euery Foxe, or Grey, twelue pence: and for the head of euery Fichew, Polcat, Wesell, Stote, Faire, Badge, or Wilde cat, a penie: for the heads of euerie Otter, or Hedge­hogs, ii.d. for the heads of euery thrée Rats, or twelue Mice, a penie: for the heads of euery Moldwarpe, or Want an halfe penie: for the heads of euery which birds and vermine last mentio­ned, the last Distributers shall likewise pay and giue to the bringer of them, for euery head kild and taken within their seuerall parish, as before is limited, and shall kéepe the same to be shewed foorth vpon their account in maner and forme as is aforesaide. All which saide heads and egges shall be foorthwith af­ter such account made in the presence of the said Churchwardens, and Tarors or of thrée of them, burned, consumed, [Page 69] or cut in sunder. And if vpon any ac­count to be made, in the end and deter­mination of the office of any such Di­stributers, it shall appéere that any summe of money is remaining in the hands of the saide Distributers, or any of them: then the same shall be by Bill indented, as is aforesaide, deliuered ouer to such persons, as be or shall be elected to the same Office, for the yéere next following, by them to be distribu­ted as is aforesaide. This shall not in any wise extende, to giue any libertie or authoritie to any person or persons, to vse or exercise any meanes or en­gine, for the destruction of Crowes, or Rookes, Choughes, or other the Ver­mine aforesaide in any place or places, to the disturbance, let, or destruction of the building or breeding of any kinde of Hawkes, Herons, Egrittes, Pau­pers, Swannes, or Shouelers: or to the hurt and destruction of any Dooues, Doouehouses, Déere, or Warren of Co­nies, nor extend to giue or appoint any summe or summes of mony to be giuen paid, or distributed, to any person or persons, for the head or heads of any [Page 70] Bussard, Ringtaile, Herne, Polcat, Fitchew, or Stote, taken in any Parke, Warren, or ground imploied to the maintenance of any game of Conies, or to any Stares taken in doouehouses, nor to the killing or bringing the head of any Kite or Rauen, killed in any Citie or Towne Corporate, or within two miles of the same.

THe Iustices of Peace in all the shires of England and Wales and the Maiors, Bailifes, Shirifes,14. Eli. 5 & 18. El. cap 3. and other officers of the Cities, Boroughes, and Franchises whereof they be Iustices of Peace, hauing ap­pointed within the limits of their seue­ral authorities conuenient abiding pla­ces for setling of the poore people, and hauing also assessed the inhabitants within the same limits towardes a [Page 71] wéekely contribution for the reléefe of the same poore people, ought then also to appoint Collectors and Ouerséers for one whole yéere: which said Collectors shall gather the said wéekely contribu­tion, and shal make deliuerie of so much thereof to the said poore people, as the said Iustices, Maiors, Shirifes, Bai­lifes, and other officers shall appoint them. And if the said Ouerseers shall re­fuse to be ouerséers, then euery of them so offending shall forfaite ten shillings for euerie such default. And if any per­son so appointed to be Collector, shall refuse the said office, or shall (after hée hath agréed to it) neglect the same, he shal lose for euerie offence to the vse of the poore of the same place, xl. shillings.

The saide Collectors, and euery of them, so to be chosen, as is aforesaide, shall make their iust account halfe yéer­ly of their said collection and gathering, to two Iustices of the Peace, dwelling next the saide abiding place or places, not being within any Citie, Borough, or Towne corporate: or to the Maiors or other chiefe Officers of such Cities or Townes corporate, and when they [Page 72] go out of their Offices, they shall deliuer or cause to be deliuered foorthwith vp­on their accounts, all such surplusages of their Collection and gathering, as shall then remaine vndistributed to be ordered by the saide Iustices, Maiors, Bailifes, or other head Officers, vpon the paine of teane pounds. If any such Collector shall refuse to make his saide account, or neglect the same by the space of fourtéene daies after request to him therefore made: then the said two Iu­stices, or one of them, may commit the said Collector to the next Gaole in the saide Countie, there to remaine with­out Baile or Mainprise, til he haue made his said account, and immediate pai­ment, and deliuerie of all such Susplu­sages as he hath receiued.

No person or persons, hauing charge of anye voyage in passing from the Realme of Irelande, or from the Isle of Man into this Realme of Englande, doe wittingly, or willingly transport, bring carrie or conueigh, or suffer to be trans­ported, brought, carried, or conueighed, in any ship, picarde, vessell, boate, or boates, from and out of the said Realme [Page 73] of Irelande, or from, or out of the saide Isle of Man, into the Realme of Eng­lande, or Wales, or any part thereof, any Vagabond, Rogue, or Begger, or any such as shall be forced, or very like, to liue by begging within the Realmes of Englande or Wales, being borne in the Realme of Irelande, or in the saide Isle of Man, on paine of euery such person or persons, so bringing, transporting, carrieng and conueigh­ing, either suffering to be brought, transported, carried, and conueighed in manner and forme aforesaide, to forfeite and loose for euerie such Va­gabond, Rogue, Begger, or other per­son, which shall be forced, or like to liue by begging within this Realme of England or Wales, being transported, and set on lande in any part of England or of Wales, twentie shillings of law­full English money, to the vse of the Poore of the same parish in which they were set on lande, to be leuied by the Collectors of the same poore for the time being, by seisure and selling of any of the goods and cattels of the same person which shall so bring, transport, carrie, [Page 74] or conueigh, any such Rogue, Vaga­bond, or begger, or other person which shall be forced, or like to liue by beg­ging, within the Realme of England or of Wales, to the value of the same for­faiture.

IN euerie Citie and Towne corpo­rate within this Realme, 18. Eliz. cap. 3. a compe­tent store and stock of Wool, Hempe Flaxe, Iron, or other stuffe by the appeintment of the Maior, Bailifes, Iustices, or other head Officers, hauing rule in the said Cities, or Townes cor­porate (of themselues, and of other in­habitants within their seuerall autho­rities, to be taxed, leuied, and gathered) shall be prouided. And that likewise, in euerie other Market Towne or other place, within any countrie of this Realme, (whereto the Iustices of the Peace, or greater part of them, in their [Page 75] generall Sessions yéerely next after Ea­ster, within euerie limit shalbe thought méete and conuenient) a like competent store and stocke of Wooll, Flax, Iron, or other stuffe, as the countrie is most méete for, by appointment and order of the said Iustices of peace, or the greater part of them at their generall Sessions, (of all the inhabitants within their se­uerall authorities, to be taxed, leuied, and gathered) shall be prouided. The said stores and stocks, in such Cities and Townes corporate, to be committed to the hands and custodie of such persons, as shall by the Maior, Bailifes, Iusti­ces, or other head Officers, hauing au­thoritie in euerie such Citie or Towne corporate, be appointed: and in other townes and places, to such persons, as to the saide Iustices of peace, or the grea­ter part of them in their saide generall Sessions of the Peace in their seuerall Counties, shall be by them appointed. Which saide persons so appointed, as a­foresaid, shall haue power and authori­tie (by the aduise of them who doe ap­point them, to dispose, order, and giue rules, for the diuision and manner of [Page 76] working of the saide stocks and stores, who shall from hencefoorth be called, the Collectors and Gouernours of the Poore to the intent euery such poore and needie person, olde or yoong, able to doe any worke, standing in necessitie of re­léefe, shall not for want of worke go a­broad, either begging, or committing priferings, or other misdemeanour, li­uing in idlenesse: which Collectours and Gouernors of the poore, from time to time (as cause requireth) shall and may of the same stocke and store, deli­uer to such poore and néedie person, a competent portion, to be wrought in­to yarne or other matter, within such time, and in such sort, as in their discre­tions shall be from time to time limi­ted and prefixed, an [...] the same after­wards being wrought, to be from time to time deliuered to the said Collectors and Gouernors of the poore: for which they shall make paiment to them that worke the same, according to the desert of the worke: and shall of new deliuer more to be wrought, and so from time to time to deliuer stuffe vnwrought, and to receiue the same againe wrought, as [Page 77] oft as cause shal require: which Hempe, Wooll, Flaxe, or other stuffe, wrought, frō time to time shall be sold by the said Collectors and Gouernors of the poore, either at some Market, or other place, & at such time as they shall thinke méet, and with the money comming of the sale, to buy more stuffe, in such wise as the stocks or store shal not be decaied in value. And if hereafter any such person able to do any such worke, shal refuse to work, or shal go abroad begging, or liue idlely, or taking such worke shall spoile or imbesell the same, in such wise, that (after monition giuen) the Minister or Churchwardens of the parish, and Col­lectors and Gouernors of the poóre, or the more part of them, shall thinke the same person not méete to haue any more work deliuered out of the same store or stocke, that then vpon Certificat made vnder their hands, and brought by one of the saide Collectors and Gouernors of the poore, to the hands of such per­son or persons as shall in that Countie haue the ouersight and gouernement of one of the houses of Correction, in con­uenient apparell méete for such a bodie [Page 78] to weare, he, she, or they, from such towne, place or parish shall be receiued into such houses of correction, there to be streitly kept, as well in diet, as in worke, and also punished from time to time, as to the said persons, hauing the ouersight and gouernement of the saide house of Correction shall be appointed, as hereafter is declared. All which stocks and stores, shall be prouided and deliuered to the hands of the saide Col­lectors and Gouernours of the poore, at all times hereafter as occasion shall serue.

WIthin euerie countie of this Realme, one, two,18. Eli. [...] or more Abiding houses, or places conuenient in some Market Towne, or Corporate Towne, or other place or places, by purchase, lease, buil­ding [Page 79] or otherwise, by the appointment and order of the Iustices of Peace, or the more part of them in their generall Sessions (of the inhabitants within their seuerall authorities to be taxed, leuied, and gathered) shall be prouided, and called the house, or houses of Cor­rection: and also stocke and store, and implements, to be in like sort also pro­uided, for setting on worke and punish­ing, not onlie of those which by the Col­lectors and Gouernors of the poore, for causes aforesaid to the saide houses of Correction, shall be brought, but also of such as be, or shall be inhabiting in no parish, or be, or shalbe taken as Rogues, or once punished as Rogues, and by reason of the vncerteintie of their birth, or of their dwelling by the space of three yéeres, or for any other cause, ought to be abiding and kept within the same Countie: which said House, or houses of Correction, with stocks, stores, and implements appointed for such houses of Correction, shall be prouided in eue­rie Countie, within such time as to the Iustices of Peace, or the more part of them, in their saide generall Sessions of [Page 80] the peace in euerie Countie, within their seuerall iurisdictions, shall bée thought meete and conuenient, so as it excéed not two yéeres after taxation in such Countie for that purpose made, or else the money leuied to be repaied: and that euerie person refusing to pay, or not paieng such summe of money to­wards the making, obteining, and fur­nishing of the saide houses of Correcti­on, and buieng of stocks, and stores, and for the reléefe and sustentation of such persons as shall be appointed to the said houses of Correction, as vpon them or any of them, shal be (by order aforesaid) taxed, and at such time (as by the same order shall be appointed) shall for euery default forfeite double so much as he or they shall be so tared vnto. And the said Iustices of Peace, or the more part of them in their said generall Sessions in euery Countie, shall and may appoint from time to time, persons which shall be Ouerseers of euery such house of cor­rection, which said persons shall be cal­led the Censors and Wardens of the houses of Correction, and shall haue the rule, gouernement, and order of such [Page 81] houses of Correction, according to such orders as by the said Iustices of Peace, or the more part of them, in their gene­rall Sessions in euery Countie, shall be prescribed. And the said Iustices shall also appoint others for the gathering of such money, as shall be taxed vpon any person or persons within their seuerall iurisdictions, towards the maintenance of the saide houses of Correction, which shalbe called the Collectors for the hou­ses of correction: and if any person or persons refuse to be Collector and Go­uernour of the poore, or Censor & War­den, or Collector of or for any the hou­ses of Correction, euery person so refu­sing, shall forfait and lose the summe of fiue pound. And all and singular person and persons, appointed by the authori­tie of this act to be any Collector and Gouernour of the poore, or Censor and warden, or Collector for any the houses of Correction in any Countie, Citie, Towne corporate, or other place in this Realme, shall as often as they or any of them shall be called thereto by the per­sons hauing the appointment of them, make a iust account of all such summe [Page 82] or summes of money or other things, as they or any of them haue gathered, had, or raised in commoditie, within their seuerall collections or charge: and if any such Collector or Gouernour of the poore, Collector, Censor, or Warden of or for the houses of Correction, refuse to make such account, or neglect the same by the space of xiiij. daies next after re­quest therefore to him made, or shal not within one wéeke after such account rendered, yéeld and pay the whole ar­rearages, which he or they (vpon such account) shall be found in, to such person or persons, as they shall be appointed vnto, by them before whom their saide account shall be taken: that then the said Collector, gouernor, Censor, or War­den, to be committed to any vsual gaole within the saide Countie, there to re­maine without baile or mainprise, till he haue made his account and paiment of such arrearages as he hath receiued: vpon the making of which account, it shall and may be lawful to such persons as haue the appointment of the saide Collectors and Gouernors of the poore, Censors, Wardens and Collectors of [Page 83] the houses of Correction (euery of them within their authoritie) to allow, aswel such reasonable allowance to euery the said Collectors and Gouernours of the poore, Censors, Wardens and Collec­tors of the houses of correction, for such money as they or any of them haue im­ploied or disbursed in the execution of the said seuerall offices, as also such rea­sonable fées and wages for their paines taken in that behalfe, as to them shall bée thought conueni­ent and rea­sonable.