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: 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 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 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, 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 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 ye 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 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, 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 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 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.

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 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 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, 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 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, 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 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. 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 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 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 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.

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 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 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, 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 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 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, 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 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: 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 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 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, 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 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 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, 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 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 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 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 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, 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, 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.

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.