A brief direction touch­ing the office and duty of Con­stables, collected for the help of such as are unskilfull and ignorant in the dis­charge and executi­on of the said office.

COnstables are infe­riour officers or­dained for the con­servation of the peace, Constables defined. and are of two sorts.

Constables of Hundreds and Franchises, Two kinds of Consta­bles. called the chief or high Constables. Constables of Villages and Parishes, called the petty Constables.

The generall office and du­ty [Page 2]of the chief Constables consisteth in the maintenance of the peace, Chief Constables their office. in presenting to the Justices the defects of watches, and defaults of the Kings high-wayes, to collect and pay the moneys charged and raised in and upon the Countrey, to distribute the precepts and warrants of the Magistrates to the petty Con­stables of villages, and to have respect to the Arms within their hundred, &c.

In ancient time these offi­cers were appointed and sworn by the Sheriff of the shire in his Court called the Sheriff's Turn: Where an­ciently, and novv, elect­ed and svvorn. But at this day they are usually elected and sworn at the generall Sessions of the peace (of the most suf­ficient and discreet yeomen) and sometime from thence referred to the choice and [Page 3]swearing of the Justices of their division.

Constables of Villages were devised for the ease and help of the Constables of Hun­dreds, Petty Con­stab. their use and of­fice. and have the same power within their parish, as the chief Constable hath in his hundred. Who they ought to be. They are to be chosen of the abler sort of Parishioners, and the office not to be put upon the mean­er sort, if it may be.

It is requisite also that they have these three properties, honesty, knowledge, and abi­lity. First, honesty, to exe­cute their office truly and in­differently without malice or affection. Secondly, know­ledge, to understād what they ought to do. Thirdly, abili­tie as wel in estate as in body, that they may intend and exe­cute their office fully and sub­stantially, [Page 4]so as neither through impotency of body or indigency of estate he neg­lect the same.

The proper place to chuse and swear the petty Consta­bles is the Leet; Where ele­cted and svvorn. but in their default, or for insufficiency of choice there made, the common practice is that the Justices of peace in their di­vision do cause the inhabi­tants, where such default or insufficiency of choice is made, to make better choice and to bring them before them to take their oath. But others are of opinion, that the remedy of the choice of mean Constables in the Leets ought rather to be reformed at the generall quarter Sessi­ons, who are not onely to make new choice, but to pu­nish the Steward of such Leet [Page 5]for making the insufficient choice.

The form of the oath of a Constable.

You shall swear well and truly to serve our Sovereigne Lord the King in the office of a Constable; Oath. you shall see and cause his Majesties peace to be well and duly kept and preserved to the utmost of your power; you shall ar­rest all such persons, as in your presence shall ride or go armed offensively, or shall commit or make any riot, af­fray, or other breach of his Majesties peace; you shall do your best endeavour upon complaint to you made to apprehend all Felons, Barri­tours and Rioters, or persons riotously assembled, and if a­ny such offenders shall make [Page 6]resistance with force, you shall levy Huy and cry, and shall pursue them untill they be taken: You shall do your best endeavour that the watch in your town be duly kept, and that Huy and cry be duly pursued according to the statutes: And that the statute made for the punish­ing of rogues, vagabonds & night-walkers, and such other idle and wandring persons coming within your liber­ties be duly put in executi­on, you shall have a watch­full eye to such persons as shall maintein or keep any common house or place where any unlawfull games or plaies are or shall be used, as also to such as shall fre­quent or use such places, or shall exercise or use any un­lawfull games or plaies there [Page 7]or else-where contrary to the statute, and you shall have a care for the maintenance of archerie, according to the statute. At your Assises, Ses­sions or Leet, you shall pre­sent all and every the offen­ses committed or done con­trary to the statutes made and provided for the restraint of the inordinate haunting and tipling in Taverns, Innes, Alehouses & other Victual­ling-houses, and for the re­pressing of drunkennesse and profane swearing; you shall true presentment make of all bloud-shedding, affraies, out­cries, rescues, and other of­fenses committed or done a­gainst the Kings peace with­in your limits; you shall well and duly execute all pre­cepts and warrants to you di­rected from the Justices of [Page 8]the peace and others in au­thority in this County. And you shall well and duly ac­cording to your knowledge, power and ability, do and execute all other things be­longing to the office of a Constable, so long as you shall continue in the said of­fice. So help you God, &c.

This or the like oath may be administred to the Con­stable of the Hundred, with this addition, St. 5. Elis. c. 4. that they keep their statute Sessions at such times and in such manner as is prescribed by the statute; and that in all such rates and taxes where they have au­thority to charge their Hun­dred, they do it justly and in­differently in each behalf.

I have exemplified this oath at large, because therein as well the Constables of Hundreds as of Villages may [Page 9]briefly see & discern the chief particulars of their office.

The duty as well of the chief Constables of hundreds as of the petty Constables of villages and parishes consist­eth chiefly in matters con­cerning the peace, Division of their office. either by their own authority or under the authority of others.

The conservation and maintenance of the peace standeth in these three things. Their of­fice con­cerning the peace. First, in foreseeing that no­thing be done that tendeth either directly, or by means, to the breach of the peace; Secondly, in quieting or paci­fying those that are occupied in the breach of the peace; Thirdly, in punishing such as have already broke the peace

The endeavour of all these belongeth to the Constables, but the first and last more es­specially [Page 10]apperteineth to the Justice of the peace.

By the breach of the peace is understood, What is the breach of the peace. not onely that actuall fighting, affray and battery, but also every mur­der, manslaughter, rape, rob­bery, and other felony what­soever; and by some opinions every assaulting or putting in fear of the Kings people, whether it be by unlawfull wearing of armour, or by as­sembling of people to do any unlawfull act whatsoever.

And for the better pre­venting that nothing be done against the peace, any of these officers may take and arrest all suspected persons, as well strangers as others, which walk in the night and sleep in the day, or which do haunt any house suspected of bawdry, or shall in the night [Page 11]use other suspicious compa­ny, or shall do or commit a­ny outrage or other misde­meanour, and they may carry them before a Justice of the peace to find surety of their good behaviour. And if any such officer be not of suffici­ent strength to do it alone, he may require meet aid of his neighbours thereto, and they in such case are punishable for neglecting to assist him. Night-vvatches.

They shall also appoint night-watches from the feast of Ascension untill Michael­mas yearly, by two or more watchmen, according to the number of the inhabitants of the town, all the night from sunne setting to sunne rising, for the arresting of all such persons as do walk abroad in the night season as well stran­gers as others.

These officers ought not onely to see these watches duly set and kept, Huy and cry. but ought also to raise huy and cry after such as shall disturb and re­fuse to obey the arrest of the watchmen, and that the per­sons appointed for this ser­vice be men of discretion, a­ble bodies and sufficiently armed.

These watchmen shall be appointed by the Constable by course or turn, Watchmen hovv ap­pointed. and not at the Constables discretion. Refusers to vvatch. And if any one so appointed shall refuse to watch, the Constable ex officio (by some opinions) may set such per­son in the stocks for such his contempt, but the safest way (as I conceive) is to charge the next in turn, and forth­with to convent the party before the next Justice of [Page 13]peace, by him to be bound o­ver to the next generall Ses­sions of the peace there to be indited for his offence.

The watchmen thus ap­pointed, may have these or the like instructions or direct­ions given them.

To keep the peace amongst themselves, Watch­mans charge. to continue their watch diligently untill the Sunne-rising without noise and disturbance of the inha­bitants, that they abide and frequent the common pas­sages, but so as they have re­gard also to all other places, that they examine all such persons as they shall see stir­ring or shall passe by them, what they be, whence they come, whether they go, and the reason of their late tra­vel or being abroad, and if cause of suspicion be found in [Page 14]them to stay them, if they o­bey not but resist, to constrain them by force, and to beat them for resisting the peace of the Realm, if they bee too strong or fly them, to levy huy and cry for the appre­hending of them, and to set them in the stocks untill the morning, and then to have them before some Justice of peace to be dealt withall ac­cording to justice; to resort such places where they be­hold any candle or fire-light to know the cause, or where they heare any noise of peo­ple, especially in Taverns, Innes, and Alehouses, and finding any thereto admonish them to depart, and refusing, to compell them as afore­said. And if any unknown person, horse-man or foot­man shall passe by them, or [Page 15]that shall drive any cattel, horse, or the like, or that shall carry any burthen on horse back, cart or otherwise to stay them till the morning to justifie themselves, unlesse they can render good account both of themselves, their company and carriage, and if any post come by them to know what number they have, lest offenders also passe under that pretence.

And the Constables are also to be aiding and assisting to these watchmen upon all occasion. Constables must aid the vvatch.

And the Constables of hundreds and of towns ought to present to the Justices the defaults of watches and of high-wayes, Defaults of vvatches. and of such as lodge strangers for whom they will not answer.

If any person whatsoever [Page 16](except the Kings servants and ministers, Offensive armes. in his presence, or in executing his precepts, or such as shall assist them, or except it be upon pursuit of huy and cry, appeasing of riots, or the like, or in going to, or from the musters) shall ride or go armed offensively, or in terrorē populi, by night or by day, in fairs, markets or any other place, the Consta­bles may take and seise such armour from him, and may apprise and sell the same for the Kings use, and may also carry him before a Justice of peace who may bind such party to the peace or good behaviour, and for want of sureties may commit him to the gaol.

And all officers that have been remisse or negligent in the execution of this statute [Page 17]shall be punished according to the discretion of the Justi­ces of Assise.

If any great assemblies or rumour of people be made in manner of insurrection, Insurrecti­ons, riots, &c. then the Sheriff, Constables, &c. having knowledge thereof, ought to attend the Sheriff and the Justices, and to go with the strength of the County and to oppose them­selves against it, and also to take arrest and imprison the offenders; and so ought they to do upon riot, rout, or un­lawfull assembly, or against a­ny forcible entrie or detein­er.

If any man threaten to kill or wound another in the hearing of a Constable, One threatned. and he who is so threatned do pray such Constable to arrest the other to find surety of [Page 18]the peace, then may and ought the said Constable to arrest him to go and find surety be­fore a Justice of peace, and if he refuse to go or flyeth, the Constable may imprison him in the stocks, till he have suf­ficient aid to convey him as aforesaid. But if he yield to go it is requisite that he take the party threatned with him to the Justice.

If a Constable shall see a­ny man going about to break the peace, Pacifying the breach of the peace. as by using hot words by which an affray is like to grow, he may and ought in the Kings name to command them to depart and surcease upon pain of im­prisonment, and if they will not depart but shall draw weapon or give any blow, then ought he to do his best endeavour to depart them, [Page 19]And he may for that purpose both use his own weapon, and may also command o­thers to assist him, And if thereby such officer, or any other person coming to as­sist him do take any hurt, he shall have good remedy by action against him that hurt him; but if any of them that made the affray be hurt by such officer, or by any of his company, then such person so hurt shall have no remedy for it.

If the affray be great and dangerous then may he in the Kings name make Proclama­tion, Make Pro­clamation. that the affrayers shall keep the Kings peace and de­part. And if they will not depart but make resistance, he may commit them for a time to the stocks, till their heat be over, or that he may [Page 20]carry them before a Justice of the peace to find suretie, e­specially, if any person have received hurt in the affray.

If the affray be in a house, Pursuit of affrayers. and the doores shut, the Con­stable may break into the house to see the peace kept, though none of the parties have taken any hurt; or if he that maketh the affray fly in­to any house, the Constable (in fresh suit) may break into the house and apprehend the affrayers, or if he fly into another Countie, the Con­stable (in fresh suit) may pur­sue them, and cause them to be taken there, but he can meddle no further with them but as a private person may do, that is, to carry them be­fore a Justice of peace of the Countie where they are ta­ken, to cause them to find [Page 21]suretie for the peace. But if the affrayers fly into a fran­chise within the same Coun­tie, the Constable may in fresh suit pursue and take them out of the franchise.

The Constable after an affray, The affray ended. and not present at the same, cannot without a war­rant arrest the affrayers, ex­cept some person have re­ceived some hurt.

If the Constable that shall be present at an affray, Punished for not as­sisting. doth not his best indeavour to part the affrayers, or being re­quested to assist in the paci­fying of an affray done out of his presence doth not go forthwith, in both these ca­ses he shall be deeply fined.

If any shall assault a Con­stable in the execution of his office, Assault a Constable. he may not onely law­fully defend himself, but [Page 22]may also arrest the offen­ders, and carry them be­fore a Justice of peace, &c.

Every private man being present before, Private man. or in, and du­ring the time of an affray, may and ought to stay and part the affrayers, or any that shall come to their assi­stance, but may not hurt or imprison them unlesse some person be dangerously hurt in the affray.

Note that it is properly no affray, Affray what. unlesse there be some weapon drawn, or some stroke given, or offered to be given, or other attempt to such purpose; for if men con­tend onely in hot words, this is no affray, neither may the Constable for words onely, lay hands upon them unlesse they shall threaten also to kill, beat, hurt, or wound another.

If one assault a man in or nigh the high-way to rob him and he be taken by the true man, or by any other, Assault. and be brought to the Constable, then ought such a Constable not onely to take him to his ward, but also to carry him before a Justice of peace to cause him to find suretie for the good behaviour.

So if any man do suspect another of murther or felo­ny, Arrest. and do declare the same to the Constable of the place, then may the Constable ar­rest such suspected person, and carry him with his ac­cuser to some Justice of the peace, &c.

A felony being newly committed, Search. the Constable within his limits may search for the felon, or the goods stollen, for it is a chief part [Page 24]of their office to suppresse felons, for if there be but a common fame that A. B. hath done a felony, it is cause sufficient for the Constable that shall thereof suspect him to arrest him for it.

If any man shall fly for fe­lony, Seise the goods of a felon. it is the office of the Constable of the town to seise on his goods, and to keep them safely: for the town is to answer for the losse and impairing of them; and therefore it is fit that he do it by Indenture taken in the presence and under the te­sty of the honest inhabitants.

In like manner upon the apprehension of any person for felony, the Kings officers may seise on all the goods and chattels of the offen­ders, but shall preserve them, dispending onely so [Page 25]much of them, as is fit for the necessary sustentation of the owner imprisoned, without wasting or disposing of them untill the party be convicted; for then, and not before the property of them is in the Crown.

Observe, that in all cases, Conveying of prison­ers. where this officer hath ar­rested, or hath committed to his ward an offender, that ought to be conveyed to the goal, such officer is not bound instantly to carry him thi­ther, but may for a reasonable time safely detain him in the stocks, or elsewhere, untill convenient provision of strength may be made to convey him safely.

The gaoler of the Prison, to which such an offender is sent, must receive him freely, without taking any thing of [Page 26]the bringer. And every per­son that shall be so sent, ha­ving means and abilitie, shall bear his own charges, Charges of conveying Prisoners. to be levied of his goods and chat­tels by the Constable by war­rant from a Justice of the peace; and not having any goods, &c. then to be born by the Parish where such a fellon is apprehended by an indifferent assessement to be made by the Constables and Church-wardens, and two or more of the honest inha­bitants there, by allowance of one Justice of peace.

The Constable having re­ceived a huy and cry for any felony, Huy and Cry. murder, robbery, &c. ought with all possible speed to make diligent pursuit after the offenders, both by horse­men and footmen, from town to town and from County to [Page 27]County, which way it is di­rected, and to make diligent search and enquiry for such within his own limits, for o­therwise it is no lawfull pur­suit. And the Constable for his particular neglect herein, shall be fined, and the whole hundred where the robbery was done shall answer for the robbery and the damages, if none of the felons be taken or known within forty daies after the robbery committed

And the inhabitants of a­ny other hundred wherein negligence or defect of pur­suite and fresh suite shall hap­pen shall answer and satisfie the one moity to the hundred so damnified.

And when huy and cry is first levied, it ought to be sent to every town round a­bout, East, West, North, and [Page 28]South, and they shall do well to expresse in writing to the pursuers the quality of the thing stollen, with the colour and marks, and also to de­scribe the number of the fe­lons, their horse, apparel, &c.

If a man be slain within the limits and bounds of any town, in the day time, and the murderer escape, the whole town shall be amerced for the escape.

Upon any felony commit­ted all men generally shall be ready at the command­ment of the Sheriff, All men must pur­sue felons. &c. and at the cry of the Countrey to pursue and arrest felons upon pain to be grievously fined. And every man is a sufficient Bayliff or Officer to appre­hend him that is pursued by huy and cry; and if he be ta­ken with the thing supposed [Page 29]to be stollen, though he nei­ther be of evil fame, nor a stranger, yet every man may commit, as well such suspect­ed person, as also such goods to the Constable of the town where they be apprehended, to answer the King accord­ing to the Law.

Note that these officers may break open any mans house to apprehend a felon, Break into a house for felons. or any person vehemently suspected of felony, being in the said house, and so may they do in any other case where the King is a party.

As watches in the night, Ward. so warding by the day shall be appointed in every town and village for the appre­hending of rogues and vaga­bonds, and for safety and good order. And for that purpose, that there be able [Page 30]persons appointed and suffi­ciently weaponed to assist the Constables of every town to attach such vagabonds, &c. And if any township shall not observe this order for the attaching and punishing of the said vagabonds, then the Justices to set due punishment by fine upon the whole township or upon such party in the town as shall be found in default.

Note that every person whatsoever, Rogues and Va­grants. above the age of seven years, that under any pretence or colour whatsoe­ver shall wander and beg out of their own parish, whether with passe or certificate or without, and every one that carrieth any manner of passe, or other certificate for that purpose without a guide shall be apprehended, punished and [Page 31]conveyed as a rogue; for the law alloweth no person what­soever to wander and beg, nor any to make passes to that end: wherefore all pas­ports and certificates to ask relief in any kind are either false and counterfeit or other­wise contrary to the Law, and the bearers of such pas­ses are to be punished and conveyed as aforesaid, and their false passes taken from them, or else to be caried be­fore the next Justice of peace to be sent to the gaol, or to be strictly examined touch­ing the makers of such passes, to the end they may be found out and punished. These per­sons hereafter named shall be deemed and punished as rogues, viz. all persons wan­dring and misordering them­selves, all persons which [Page 32]cannot render a lawfull ac­count of their travel, all Irish people wandring and beg­ging under any pretence whatsoever, all persons cal­ling themselves scholars go­ing about begging, all sea-fa­ring men pretending losse of their ships or goods going a­bout begging, all idle per­sons going either about beg­ging or feigning themselves to have knowledge in Physio­gnomy, Palmestry, or other like crafty science, or pre­tending that they can tell de­stinies, fortunes, or such other phantasticall imaginations; all persons calling themselvs Proctours, Procurers, Patent­gatherers, or collectours of gaols, prisons or hospitals; all Fencers, Bearwards, common Players of interludes, and Minstrels wandring abroad [Page 33]being not lawfully authori­sed; all Juglers, Tinkers, Ped­lers, petty Chapmen and Glassemen wandring abroad, all wandring persons and common labourers, being of able bodies, using loytering and refusing to work for such reasonable wages as is taxed, or commonly given there where such persons do inha­bit, having not living other­wise to maintain themselves; all persons delivered out of goals that beg for their fees, or otherwise do travel beg­ging; all persons that shall wander abroad begging, pre­tending losse by fire or other­wise, and all persons not be­ing felons wandring and pre­tending themselves to be E­gyptians, & all persons wan­dring in that habite, form, or attire of Counterfeit Egypti­ans.

Souldiers and Mariners which have been pressed for their Countrey's service, Souldiers and Mari­ners. and shall return from beyond the Seas disabled, or otherwise, and shall bring with them a lawfull discharge under the hand and seal of the generall of the Army, or Captain of the ship under whom they served, signifying their ser­vice and cause of return, are by the next Justice of the peace to the place of their landing to have a passe or landing-brief made them, wherein they are to be al­lowed a competent time to travell the next straight way to the place where they were born, or from whence they were impressed, there to be provided for according to the statute. And in this their travel they are to repair to [Page 35]the Treasurers of every town and County through which they passe, who is to allow them sufficient means to con­vey them to the next Trea­surer untill they arrive at the place limited. And if any souldier or mariner (other then such as have suffered shipwrack) whether he have a passe or no, shall in his tra­vel as aforesaid, beg or de­mand relief of any person whatsoever, officer or other, the Treasurers excepted, he is to be punished as a rogue, unlesse through sicknesse or other apparant infirmity, he be disabled to travel with his aforesaid allowance be­twixt one Treasurer and ano­ther, and in these cases to be releived onely by the Con­stable. And if such a souldier or mariner shall depart from [Page 36]his colours or Captain with­out a lawfull discharge, or shall counterfeit such testi­moniall, or shall carry any such knowing it to be false and counterfeit, or shall wil­fully exceed such testimonial fourteen dayes, or shall not settle himself in some lawfull calling, but live idly, it is fe­lony of death in all these ca­ses, and the Const. knowing or suspecting the same ought to apprehend the offender, &c. And every Const. may examine all souldiers & mari­ners hereof, as also of their return from the warres, &c.

Persons allowed by two Justices of peace to travel to the Bath or Buxton for cure of their grief, Persons travelling to the Bath. and persons per­mitted by one Justice of the peace to seek harvest work, are to be provided of suffici­ent maintenance in their said [Page 37]travel, & are not to beg upon pain to be punished as rogues.

The Constable being assist­ed by the advise of the Mi­nister and one other of the parish, Punishing of rogues. upon the apprehensi­on of every such rogue as aforesaid, shall cause them to be stripped naked from the middle upward, and to be openly whipped untill his or her body be bloudy, & then to be sent from parish to pa­rish by the officers thereof, or other sufficient guide with a passe, the next straight way to the parish where he or she was born, or last dwelt by the space of a year (as the case is) or being unknown, to the parish where he or she was suf­fered last to passe unpunished.

Rogues are either such as never had any certain dwel­ling or place of abode, Tvvo kinds of rogues. or [Page 38]such as have had or have some settled dwelling or place of abode, the first of these are to be sent to the place of their birth, being known; or being unknown, to the house of correction or gaol thence to be bestowed in some service, Hovv to be settled. hospitall, &c. the second are to be sent to the place of their last settling by the space of a month, &c.

The form of the said Passe or Testimoniall may be this.

A. B. Testimo­niall of a rogue. a sturdy rogue of middle stature, &c. being ta­ken begging and vagrant in the parish of Shep. in the Countie of Cambridge, and there punished this day of J. 1639. according to the statute: These are therefore in his Majesties name to charge and command you to whom it doth appertein, to [Page 39]convey the said A. B. from parish to parish by the offi­cers thereof the next and ready way to the Town of D. in the county of N. where he or she affirmeth he doth dwell, or did last inhabit, or was born, (as the case is) there to be provided for ac­cording to the law, and for his or her travel to the place aforesaid is allowed dayes and no longer, at his and your perill; Sealed and subscribed the day & year above written. By us,

• S.W. Minister,
• H.R. Constable,
• I.G. Parishioner.

Or any two of them, the Constable to be one.

And if such rogue (through his own default) do not ac­complish the order of such Testimoniall, then is he or she to be whipped at every [Page 40]place for every such default, Again pu­nished. till he or she repair to the place limited. And this Te­stimoniall is not to be com­mitted to the hands of the rogues, but is to be convey­ed together with such rogue by the officer himself, or o­ther sufficient guide, who is to deliver both to the officers of the next parish, Hovv con­veyed, till &c. and if default be made by the officer, he may be indited therefore.

Rogues sent as aforesaid, And used. are to be lodged and allowed some small relief in their said travel by the Constables of the township through which they passe or lodge, and are not to be suffered to beg. And if any officer shall relieve or harbour any, or in any other manner then is expressed, he shall not onely bear the losse [Page 41]thereof himself, but shall also forfeit the summe of ten shil­lings.

Constables are not to post away such persons as shall come or be sent unto them that are desperately sick, Directions in passing of Cripple [...] and Va­grants. or women with child ready to be delivered, but are to keep such till they recover strēgth; for by this means many have perished: neither are they to deliver any vagabonds or cripples to the next Consta­bles after sun-set, or to con­vey such, especially cripples by horse or cart upon the Lords day, upon pain of pu­nishment.

And the Constables that shall send a rogue, &c. Generall pasports. by a generall pasport without con­veying him from parish to parish, or that shall refuse to recieve a rogue sent, or doth [Page 42]not convey and deliver him to the officers of the next pa­rish, in all these cases he shall forfeit five pound, Hinderers of their pu­nishment. and be bound to his good behavi­our; and so shall every other person that in any wise shall hinder or disturbe the execu­tion of the law, concerning the punishing and conveying of rogues, &c. and every person that shall receive, re­lieve, or harbour any rogue or vagabond, and shall not apprehend and carry them to the Constable to be punished and conveyed shall forfeit for every default ten shillings.

Constables shall answer for every rogue or vagabond that shall be seen to passe the town unpunished, Relieving and harbou­ring & not punishing rogues. and his absence shall not excuse him; for he is by himself, the watchmen, or other sufficient [Page 43]deputy to be alwaies present.

None shall be suffered to straggle and beg within their own parishes, None shall beg. but are to be relieved by work or other­wise at home, and if in any parish there be found any persons that live out of ser­vice, or that live idly, and will not work for reasonable wages, or live to spend all they have at the Alehouse, those persons are to be brought by the high Consta­ble and petty Constables to the Justices at their monthly meetings, there to be ordered and punished as shall be found fit.

Searches shall be made for rogues. Generall privy searches shall be made twice at the least every year in every Hun­dred Town and Village by the appointment of the Justi­ces for the finding out of all [Page 44]rogues, wandring and idle persons, and for the bringing of them before the said Justi­ces at their said meetings to be punished and conveyed, or being incorrigible to be sent to the gaol, &c. And if the chief or petty Consta­ble shall not appear as afore­said, or shall not give an ac­count upon oath in writing, and under the hand of the Minister of every parish, what rogues and vagabonds they have apprehended both in the same search, as also be­tween every such assembly and meeting, and how many have been by them punished and otherwise sent unto the house of correction, they shall forfeit such fines as by the said Justices shall be thought fit, not exceeding 40. shillings. St. 39. Elis. cap. 4. And the Minister shall forfeit [Page 45]for every default five shil­lings. Incorrigi­ble rogues.

Incorrigible rogues are such as shall appear either to be dangerous to the inferiour sort of people, or such as will not be reformed of their roguish kind of life.

The Constable is to exe­cute the said punishment of whipping; either himself, Whipping of rogues. or by some other by his ap­pointment.

Maiors, Sheriffs, Bayliffs, Unlawfull games. Constables, and other head-officers within every City, Borough and Town, within this Realm, ought, under pain of forty shillings for every default, once every month at the least to make search, as well within liberties as with­out, in all places where any unlawfull games shall be sus­pected to be kept or used, [Page 46]and may arrest and imprison as well the keepers of such places as the haunters of the same, till they be found no more to keep or haunt such places. And if any such officer as aforesaid shall find or know that any artificer, craftsman, husbandman, ap­prentice, labourer, servant at husbandry, journeyman, or serving-man doth play at the Tables, Dice, Cards, Tennise, Bowles, Close, Coyting, Lo­gatine, or any other unlaw­full games invented or to be invented, out of Christmasse time, or out of their Masters house or presence in the Christmasse time, unlesse it be by licence of such masters as have a hundred pound by year or above, and then also that playing to be within the precincts of such masters [Page 47]house, garden or orchard, such officer may commit e­very such offender to Ward, till he be bound by obligati­on to the Kings use, in such summe (as to the discretion of such officer shall be thought reasonable) that he shall not from thenceforth use such unlawfull games.

The Constables are like­wise to have care for the maintenance of Archery, Archerie, ac­cording to the stature, that every person not being lame, or not having other impedi­ment, being within the age of threescore years, (except spirituall men & Judges) shall have and use along bow and arrows upon pain of six shil­lings eight pence for every default. And that Butts be made and continued in every City and Town, and that the [Page 48]inhabitants do exercise them­selves with the long bow in shooting at the same, and elsewhere, upon pain for eve­ry three months so lacking Butts twenty shillings.

All Constables, Disorders in Alehou­ses. Church­wardens, Headboroughs, Ti­thing-men, Alecunners and Sidemen shall in their seve­rall oaths incident to their offices be charged to present the offences done contrary to the statutes made for the re­pressing of drunkennesse, and other disorders, in Innes and Alehouses.

Constables and other in­feriour officers shall every of them once in every fifteen dayes search and enquire the defaults and disorders of Innes and Alehouses.

And by the Articles given in charge by the Justices of [Page 49]peace at their monthly meet­ings, the chief and petty Con­stables are to give an account upon oath in writing of the number of Alehouses, which are licenced, and which are not; and of those that be li­cenced, which of them keep ill orders in their houses, ei­ther by maintaining of play, receiving of Tinkers, Ped­lers, vagabonds or other sus­pected persons, or by suffer­ing of tipling drunkennesse, &c. or by selling by unlaw­full measures, or measures un­sealed, or lesse then one full ale-quart of their best ale or beere for a penny, and two of their small.

And of Innekeepers that use their Innes as Alehouses, by uttering their ale or beer out of doores, or by suffering of drunkennesse, tipling, [Page 50]play, or other disorder.

The Constable that shall not by warrant from the Ju­stice levy the twenty shillings forfeited for keeping ale­house without licence, Penalties of the Con­stables. or for default of distresse by like warrant do not openly punish the offender by whipping him, shall be imprisoned un­till he do the same, or pay the summe of forty shillings, or if he shall not by like war­rant levy the summe of five shillings upon the person convict of drunkennesse, or set the party in the stocks six houres, or shall not levy the summe of three shillings foure pence for unlawfull tipling, or set the party in the stocks foure houres; and of the Innekeepers and Ale­housekeepers for their of­fence and permission of these [Page 51]disorders the summe of ten shillings for each of them, or shall not levy the summe of twenty shillings for selling their beer or ale under the assize, shall in every of the said cases forfeit the summe of ten shillings.

All Constables, &c. Constables shall attend the quarter Sessions. are to be attendant, aiding and as­sisting to the Justices of the peace for the execution of their Commission of the peace, and of all such laws and statutes whereof they have power to hear and de­termine, and to make pre­sentment at their generall quarter Sessions of the peace, and of all offences commit­ted and done against any of them, and of all bloud-shed­dings, affraies, outcries, re­scues and other offences done and committed against the [Page 52]Kings peace within their se­verall limits or power to make fine.

The petty Constables of parishes, Shall pre­sent offen­ces at the Assises. because their perso­nall appearance at the gene­rall Assises and gaol-delivery is not required, shall in con­venient time before every Assise bring their present­ments and answer of the Articles of the said Justices of Assise, fairly writ under their hands, to some Justice of peace within that limit, who shall take them sworn of the truth of the said pre­sentments, and subscribe his name to testifie so much. And if any petty Constable be remisse herein, the chief Con­stable, who is to receive these presentments, and to certifie them with his own at the said Assises, shall do [Page 53]well to acquaint the Justices of that Division therewith be­fore the said Assises, that such petty Constable may recieve due punishment for his neg­lect, upon pain of like pu­nishment himself.

The Constables, &c. Shall exe­cute the precepts of Justices of peace. ought also to shew themselves obe­dient to the precepts of the Justices of the peace, neither ought they to dispute whe­ther their commandments be grounded upon sufficient au­thority or no; for if a Justice of peace which is a Judge of record shall direct a warrant beyond his authoritie to a Constable or other officer, yet such officer shall be held excused for executing the same, although the Justice of peace himself may be bla­med for it. A warrant is sent by a Justice of peace to a [Page 54]Constable or other officer, such officer must serve it him­self, and cannot by word or writing appoint another.

The Constable or other officer to whom such warrant is sent or delivered, Serving of vvarrants. ought with all convenient speed and secrecie to seek and find out the party, and to execute the same, requiring the party in the Kings name to go with him according to the war­rant; if the party refuse, the Constable by virtue of his said warrant may arrest and carry him by force before the Justice, and may require aid to assist him; and if such party shall resist, the Consta­ble may imprison him in the stocks till the said party be willing to go. If it be for surety of the peace or good behaviour, such officer before [Page 55]he arrest the party, ought first to acquaint him with the matter, and withall to re­quire and charge him in the Kings name to go with him before the Justice to find and put in sureties according to the warrant, which if he re­fuse to do, then ought such officer forthwith to arrest him (and if his warrant ex­presse so much) may convey him to the gaol without car­rying him before the Justice: and if the party shall make any resistance or seek to es­cape, such officer may justifie the beating or hurting of him. And such officer ought at the next quarter Sessions of the peace to present and deliver his said warrant, and certifie his proceedings in this behalf.

A warrant is directed from [Page 56]a Justice of peace to bring one before him, such officer shall carry the party before that Justice: but if it be to bring one before himself or some other Justice, &c. then may such officer give liberty to the party to go to what Justice he liketh; howbeit it is in the power of the officer to carry his prisoner to what Justice he pleaseth. The offi­cer ought to acquaint the cō ­plainant with the time when he carrieth the delinquent be­fore the Justice, and is in no wise to send his warrant, but must be present himself; nei­ther need such officer dance attendance after his prisoner untill he can find out sureties, but he may lawfully keep him untill he can get suretie.

The Constable upon a war­rant for the peace or good [Page 57]behaviour, or in any other case where the King is party, may by force of such warrant break open a mans house to arrest the offender: But note that the officer before he break open the house or doores must first signifie the cause of his coming, and desire that the doors may be opened to him.

Every man that shall be required ought to assist the officer in the execution of his warrants, and to pursue and ar­rest offēders against the peace.

A Constable hath a war­rant to arrest J. C. and he ar­resteth W. C. who in deed he knoweth to be the offender, and he against whom in very truth the complaint was made (howsoever mistaken) yet the arrest is tortious, and the officer subject to an acti­on of false imprisonment; [Page 58]for the officer ought to pur­sue the very letter of his war­rant.

A Constable &c. hath a warrant to bring one before a Justice upon the complaint of another, and the parties do after agree the matter be­twixt themselves, yet ought the Constable to bring the said parties before the Justice, for &c.

An officer having served a warrant upon one to go be­fore a Justice, taketh his pro­mise that he will come to him such a time to go before the Justice according to such warrant, and so letteth the party go, who faileth at the time appointed, it seemeth the officer cannot after arrest or take him by virtue of that warrant, for that this was done by the voluntary con­sent [Page 59]of the officer, but if the party arrested had escaped of his own wrong, without the consent of the officer, the of­ficer upon fresh suit may take him again and again, so often as he escapeth, although he were out of view or that he shall fly into another County.

If a warrant be directed to a Constable to arrest one that is indicted of felony, such of­ficer may justifie the killing of such a partie, if it be so that he cannot otherwise possibly take him; the like may be done with a felon that is sent to the gaol, if he shall resist or fly.

If the party against whom any lawfull warrant is grant­ed shall make resistance, or shall make an assault upon the officer, or shall fly, the officer after arrest may justifie the [Page 60]beating or hurting of him, and may also imprison him in the stocks for the same; but if the party refuseth or flyeth before the arrest, the officer cannot justifie the beating of him.

The Constable having ar­rested any to be conveyed to the gaol, Conveying of person to the gaol. or having a Mitti­mus from the Justice for that purpose, must take heed he suffer not such party to escape, either willingly or negligently; for if the arrest were for felony then by a willing escape, the officer himself becometh a felon al­so: and of whatsoever other kind the offence be, if the of­ficer do by his will or other­wise suffer the party to escape he shall be fined for it accord­ing to the quality of the of­fence, by the discretion of [Page 61]those that shall be Judges of it. And least any officer may flatter himself, in thinking he may escape with some easie fine, let him know that the Judges of his fault may set his fine equall with the value of his goods, if the qualitie of his default do so require.

The High Constables, Constables attendance at the monethly meetings of the Justi­ces. pet­ty Constables, Church-war­dens and other the Overseers for the poore of every Hun­dred, Parish and Village, shall attend the Justices at their monethly meetings, and there inquiry shall be made, and information taken by the Justices, of the defaults of the said Officers, in the execution of the Laws and Statutes of this realm, &c. and what persons have offended against any of the said laws; and where neglect or default is [Page 62]found in any of the said offi­cers in making their present­ments, condigne punishment to be inflicted upon them by the Justices according to Law.

Which informations may be reduced into these or the like Articles following.

IMprimis, I Huy and cry, Watch and vvard. you shall dili­gently inquire and certifie whether huy and cry have been made, and duly pursued, [Page 63]according to the Statute, for the apprehending of felons and robbers; and whether watches by night and ward­ing by day appointed in every town and village for appre­hending of rogues and vaga­bonds, and for safetie and good order, be duly observed and kept, and by whose de­fault the same hath been neg­lected.

You shall inquire and cer­tifie who have been remisse and negligent in apprehend­ing of such rogues and vaga­bonds, 2 Apprehen­sion and punishing of rogues. what Constables have been remisse in receiving, punishing and conveying them, and who by any wayes or means have hindred the execution of the Statutes for the punishing and conveying of them: And what persons since our last assembly have [Page 64]harboured or relieved any of them: and what vagabonds or rogues have you since pūished.

You shall inquire and cer­tifie, 3 Labourers and Ser­vants. whether the Statute of labourers for retaining of servants and ordering of wages betwixt the servant and the master, be not delu­ded by private contracts, before they come to the Statutes, and what servants are put out of service, or have put themselves out of service, their terms being not expired; where this hath happened, and in whose de­fault, and what is become of such servant or apprentice: and what unmarried persons of able bodies live out of service, that have not means otherwise to maintain them­selves; or if they labour for their living who sets them on [Page 65]work, and what persons live idlely, or that will not work for reasonable wages, or live to spend all that they have at the Ale-house.

You shall inquire & certifie wat Taverns, Ins, Ale-houses, 4 Innes and Alehouses. or other victualling houses, are within your precinct, who keep the same, and how long have they so kept them, & by what authoritie, and w^ch are licenced and by whom, and which are not; and whether those that are licenced, be fit as wel in regard of thēselves, as their dwelling, and whe­ther they sell their beere and ale according to the assize, that is to say, lawful measures sealed and allowed, and not lesse then a full ale-quart of the best beere or ale for a penny, and of the small two full ale quarts for a penny. [Page 66]what haunters of Taverns, Innes and Ale-houses are there within your liberties, and what are their names, &c. Which of those Innes enter­tain people to sit tipling and drinking as Ale-houses; who have been drunk or have sitten tipling in any one of them, since the last monthly meeting, and in what Tavern, Inne or Ale-house hath the same happened; and which of them hath kept ill orders, by maintaining of play, re­ceiving of Tinkers, Pedlers, vagabonds or other suspected persons.

You shall inquire and cer­tifie whether your Bakers and Brewers do keep the assize according to the Sta­tutes; 5 Bakers and Brevvers. Bakers after the now prises, viz. Wheat being forty shillings the quarter, [Page 67]the weight of the penny white loaf drawn from the fine cocket eight ounces foure penny weight, the weight of the penny white loaf drawn from the course cocket twelve ounces three quarters, the weight of the penny houshold loaf accord­ing to the course cocket sixteen ounces: And whether every Baker hath his own proper mark set upon his bread, and doth sell no more then thirteen penny loafs to the dozen. Whether common brewers do serve their beer and ale to any ale-house keep­ers, victuallers or tiplers, but at such prices as by the Justi­ces of the peace shall be set down and appointed accord­ing to the Statute: And whether the same be well sodden, and brewed, and of [Page 68]wholesome grain, and with wholesome hops, & whether they sell any beer or ale to any unlicenced alehousekeep­ers or tiplers; Forestal­lers. Ingrossers. Regraters. what forestal­lers, ingrossers, and regraters of corn or other dead victuall or fuell, what tradesmen or other that sell any kind of commodities by false and unlawfull weights or mea­sures, False vveights and mea­sures. or things made in de­ceit: what victuallers or others are there which sell their victuall at excessive prices, or things unwhole­some; and whether your millers do take excessive toll for grinding, Millers. or by heaped measure, or use other false­hood.

You shall inquire and cer­tifie what Bridges, 6 Highwayes Bridges, &c. Causies, and Highwayes are in decay within your limits, and [Page 69]through whose default the same hath happened, and whether your wayes are so repaired that they be suffici­ent for winter.

You shall present the names of all such persons as do not duly resort to divine service and sermon every Sunday according to the sta­tutes, 7 Absence from Church. and certifie whether the twelve pence forfeited for absence be required and re­ceived, and duly imployed upon the poore, and of whom it hath been levyed, and of whom neglected, Profane svvearers. and what profane swearers or cursers are in your parish.

You shall inquire and cer­tifie what stocks of money are provided in every parish for the setting the poore on work, 8 Stocks of money to set the poore on vvork. and whether the same be sufficient to set all such on [Page 70]work as are of able bodies, and want means to set them­selves on work, and how and by what means are they set on work, and what are the names of all those that are so set on work, and what and how much work have each of them had or hath wrought since the last meeting, and what or how much do you give them for their work by the day or otherwise, and who have refused to work, or working have spoiled, im­paired, or abused the same, and whether they be so pro­vided for that they be not suffered to straggle and beg within their own parish or elsewhere; and whether your weekly or monthly taxation for the impotent poore be sufficient in every parish to relieve them, Relieving of the im­potent. and what be [Page 71]the names of all those that have contribution since the last meeting, & what summe or summes of money hath been given to each of them, and what poore peoples chil­dren are fit to be bound out apprentices, Apprenti­ces. and who are fit to take them, and what ap­prentices have been former­ly put forth, and have not been received, and in whose default the same is, or being received have misused them, or have not sealed their in­dentures.

You shall inquire and cer­tisie what private gifts have been given in every parish for the relief of the poore or other charitable uses, 9 Private gifts. and whether is the same continu­ed and imployed according to the will of the donour; if not how long hath the same [Page 72]been discontinued or misim­ployed, and by whom; and whether such gifts be any oc­casion of lessening the rates of the parish.

The first six of these arti­cles (properly) are to be an­swered unto by the Consta­bles, the three latter by the Churchwardens and Over­seers for the poore.

The Constables of every town, Constables rates. and the greater part of the parishioners (upon notice given) may assemble and make rates, and may tax eve­ry inhabitant by their lands (or goods in some cases) for all manner of town or coun­trey-charges; and if the great­er part of the parishioners will not meet, then the Con­stable alone, and so many of the parish as will meet, may make such rates: and if any [Page 73]shall refuse to pay the rates so made, and allowed by the Justices of that Division un­der their hands, the party re­fusing, by the Justices shall be bound over to the next gene­rall Sessions of the peace, there to be ordered, and is not to be presented for his default to the said Sessions by the officers, before the said Justi­ces of the peace have heard the parties allegations. Hovv rai­sed.

Constables rates (in coun­trey towns and villages) are usually raised by land, yet where the Statutes in parti­cular cases give no speciall direction, it is good discre­tion to go according to the rule of taxations for the poore: What estates and persons are liable to them. All estates and conditions, as well Spiri­tuall as Temporall, are by some thought to be lyable [Page 74]to these taxations, but then they distinguish them in this manner: 43. Elis. cap. 3.14. Elis. cap. 5.1. Jac. cap. 25. The Constables rate (say they) consisteth of sundry particulars, that is to say, of quarterly payments for the relief of lame souldi­ers, marshalsies, and prisoners of the gaol, All Eccle­siasticall persons are included in the gene­rall vvords of the sta­tutes, per­son or per­sons. the conveying of cripples, wandering people, and the like, all which are acts of charitie, expences in martiall affairs, musters, train­ing and levying of souldiers, and such like, to which all persons whatsoever, are chargeable by the law or the State without exemption; 9. Hen. 3 cap. 21. 3. Ed. 1. cap. 1. 9. Ed. 2. cap. 11. 14. Ed. 3 cap. 1. 18. Ed. 3 cap. 4. 1. Ric. 2. cap. 3. but if the Constables will insert into their rates (as some usually have done) compo­sitions for purveyances and carriages for his Majestie and his houshold, from which the Clergy are specially by the [Page 75]Statutes exempt, I conceive they are not ratable in this respect.

If rates be made for his Majesties carriages, Rates for carriages. these officers (as I think) are not to put the same in their gene­ral account for town-charges; for then the poore and such as are not liable thereunto, and those that neither have lands nor means must bear a part and share therein, which seemeth not reasonable: be­sides by this course of hiring, his Majestie is oft times de­ceived, and the country much abused by the cart-takers: and that this charge may the more equally be born, such persons as have lands in oc­cupation, may be proportio­ned to some certaintie, what number of acres shall be assigned for a carriage, and so [Page 76]to take the same by course; and for post-horses, that none be charged by rate, or of those that have no horses, for avoyding the like abuse.

Books to enter rates. And for this purpose these Officers shall do well to keep a book fairly writ, how every person is charged, to the end that no man be surcharged, or out of course; wherein also these and all other Officers of the town may write their rates, which otherwise in loose papers are subject to be lost, torn or abused, which books may be delivered from Officer to Officer as they shall succeed.

Lastly, for the help, as well of the chief, as the petty Constables, in the execution of divers Statutes, which are most usefull and ordina­ry in the discharge and [Page 77]practice of their said office, and for avoyding of sundry penalties ordained for their neglect therein, I have colle­cted these few following, and first of the chief Con­stables.

5. Elis. c. 4. High Con­stables Sta­tute-Ses­sions. High-Constables of Hun­dreds in all such Shires, where pettie Sessions for servants and labourers (otherwise cal­led Statute-Sessions) were used to be kept, may yet still hold their said Sessions, so that nothing be done in them repugnant to the said Sta­tute.

The Constables of Hun­dreds and of Franchises ought to make presentment to the Justices of peace, Defaults of vvatches and high-vvayes. and to all other Justices thereto assigned of the defaults of watches, and the defaults of the Kings high-wayes not [Page 78]enlarged, so as no ditches, underwoods or bushes, be within two hundred foot on either side of the same, and also of such as lodge stran­gers in uplandish towns, for whom they will not answer. Unlavvfull Arms.

Stat. North­hamp­ton. 2. Ed. 3. cap. 3.7. Ric. 2 cap. 13. Every chief Constable may arrest any person that shall go or ride armed unlaw­fully or offensively by night or by day, in affray or terrour of the Kings people, and may seise and take away such armes.

Collecti­ons for souldiers, and priso­ners. 43. Elis. cap. 3. The chief Constable that hath received the moneys appointed for the relief of maimed Souldiers and Mari­ners, and for the prisoners of the Kings bench and Mar­shalsey, failing to pay the same at the next quarter Ses­sions following, shall forfeit for every default fortie shil­lings, [Page 79] 14. Elis. cap. 5. 1. Jac. cap. 25. or in making such quarterly payment of such summes of money as are rai­sed in every Parish for the re­lief of the Prisoners in the common goal, and paid unto them by the Officers of such Towns, shall forfeit five pound for every default.

4. Ed. 4. cap. 1. Clothiers and their vvorkers. Chief Constables of hun­dreds may heare and deter­mine the complaints of workers to Clothiers, and of Clothiers against their workfolks, by examination of the parties, and may com­mit to the goal such as refuse to pay the said workfolks.

2. & 3. Ph. & Mar. cap. 8.5. Elis. cap. 13.18. Elis. cap. 10. Highvvayes By estreats indented from the Clerk of the peace, or by Stewards of leets, the Con­stables of the hundred, may levy by distresse the for­feitures for defects in repair­ing of High wayes.

Popish Re­cusants. 3. Jac. c. 4. The chief Constables of the Hundred in default of the Churchwardens and Con­stable of every parish shall once every year present the monethly absence from Church of all popish recu­sants within such parishes, and the names of their ser­vants and children being above nine years old, &c. at the generall quarter Sessions upon pain to forfeit twenty shillings; and if by such pre­sentment such recusant be indicted and convicted, not being for the same offence formerly presented, the pre­senter shall have forty shil­lings to be levied out of the recusants goods and estate by warrant under the hands and seals of most of the Justices there present.

Purveyers. 2. & 3. Ph. & Mar. cap. 6. The name or mark of eve­ry [Page 81]high Constable or petty Constable, &c. shall be sub­scribed to the blanks expres­sed in the Kings Purveyer's Commission, in which shall be fairly written all such beeves, weathers, &c. with the prices of the same as shall be levied or purveyed, &c. and to whom any precept is directed, or shall be privy to the delivery. And such Pur­veyer, &c. shall make and deliver unto the said high Constable, &c. a docket or brief in writing subscribed with their names a particular of the things purveyed, which dockets or briefs the said Constables, &c. shall deliver over to the Justices at their generall Sessions, &c.

Petty Con­stables. 23. H. 6. cap. 4. If any person shall without lawfull bargain take or pur­vey any thing of any of the [Page 82]Kings subjects to the use of any other then the King and his house, and notice and re­quest thereof be made to the Constable of the place to be aiding and assisting to the party wronged, such officer ought under pain of twenty pound to arrest such taker, and carry him before some Justice of peace to be sent to prison there to remain untill he answer the law.

Purveyers shall pay. 20. H. 6. cap. 8. The Kings takers that make purveyance of any thing not exceeding forty shillings shall make ready payment in hand for the same, otherwise the owner may retain the thing so taken and may resist, and the Constable, &c. of the place being thereunto requi­red ought to be aiding and assisting therein upon pain to yield to the party grieved the [Page 83]value of the thing taken and his double damage.

2. & 3. Ph. & Mar. cap. 6. And if the thing taken be above forty shillings then dockets shall be delivered to the chief Constable or petty Constables, by the purveyer under his hand, who shall de­liver them to the Justices at their next quarter Sessions.

5. Ed. 3. cap. 1. 26 Ed. 3 c. 3. Purveyers. The Kings takers shall make their purveyance by the very value of the thing taken, and by the view of the Con­stable, and by the apprise­ment under the oath of foure of the goodmen of the town where the taken shall be, who are to be appointed by the Const. & tallies or indentures ought to be made and sealed between the taker and the owner in the presence of the Constable and prisers, by w^ch satisfaction is to be made to the owner.

Commissi­on for pur­veyance. 28. Ed. 1. c. 2. Note that no Commission for purveyance of victuall shall indure above six months; and it shall be written in the English tongue.

Cart-ta­kers. 28. H. 6. c. 2. No Purveyer &c. of the Kings shall take any horse or cart without agreement with the owner, and by the deli­very of the Constable of the place where such takings shall be.

Labourers in harvest. 5. Elis. cap. 4. In the time of hay or corn-harvest the Constable of any Township upon re­quest made, and for the a­voiding of losse of corn, grain and hay may cause all such artificers and persons (as be meet to labour in his discre­tion) to serve by the day for the mowing, reaping, sheer­ing, getting or inning of corn or hay, according to the skill and quality of the person; and [Page 85]if any shall refuse so to do, then may & ought such officer under the pain of forty shil­lings to imprison such refu­ser in the stocks by the space of two dayes and one night.

2. & 3. Ph. & Mar. cap. 8. 29. Elis. cap. 5. Surveyers of high-vvayes. The Constables & Church­wardens of every parish ought yearly upon the tues­day or wednesday in Easter week to call together a num­ber of the parishioners, and to choose two honest men of their parish to be Surveyers of the work, for amendment of the high wayes within their parish, leading to any market town; and then ought also to appoint six dayes for the amendment of those wayes before Midsummer then next following, and ought also openly in the Church the next Sunday af­ter Easter to give knowledge [Page 86]of the same six daies, upon pain of sine making, to be assessed by the Steward of the Leet; or in default thereof by two Justices of peace in open Ses­sions, as in their discretion shall be thought meet.

Tax for lame soul­diers and prisoners. 43. Elis. c. 3. In default of the Parishio­ners themselves, the Consta­ble and Churchwardens of every Parish, or the more part of them may assesse within their Parish the tax imposed upon the same by the Justi­ces, for the relief of maimed Souldiers and Mariners, and for the Prisoners of the Kings Bench and Marshial­sies, and may also levy the same upon any parishioner by distresse and sale of his goods &c. and shall pay the same over unto the High-Consta­ble, in whose Division such parish shall be situate, ten daies [Page 87]before every quarter Sessi­ons, upon pain to forfeit for every default twenty shillings

14. Elis. cap. 5. Tax for prisoners in the Gaol. The money imposed upon each Parish for the relief of Prisoners in the common goal, ought to be levied and paid by the Churchwardens, upon the pain of five pound: but the Constables do with us also pay the same.

Malt. The Constables also of every Borough or Town may search and survey all such Malt as shall be made or put to sale there; and if they find any Barley-malt made at any time (the months of June, July and August onely excepted) but that the same shall have the space of three weeks at the least in the fat, floore, steeping and sufficient drying thereof, and in these three moneths, [Page 88]the space of seventeen dayes at the least, or if he find any person to put to sail any good malt mingled with malt not sufficiently made, or with malt made with mow-burnt or spyred barley, or that put to sail any malt not sufficient­ly well trodden, rubbed and fanned, whereby half a peck of dust or more may be fanned out of one quarter thereof, then may such Con­stable with the advice of one Justice of peace of that Shire, cause the same malt to be sold to such persons, and at such reasonable prices under the common price of the market as to his discretion shall seem fit.

The Constables, Lent. 1. Jac. cap. 29. &c. may yearly in time of Lent enter into the houses of victuallers, and finding there any beef, [Page 89]mutton, veal or hogs flesh, except flesh to be killed three dayes before Easter, may seise the same as forfeit, and may give it to prisoners or other poore folk at his discre­tion.

The Constable, 1. Jac. cap. 31. Plague. &c. that shall wilfully make default in levying such money, as they shall be commanded to levy by the warrant of two Justices of the peace upon the Statute for the relief of any Town infected with the plague, shall forfeit for eve­ry such offence tenne shil­lings.

3. Car. cap. 3. Unlicenced Alehouse. The Constable refusing or neglecting upon command of one Justice of peace, openly by himself or some other to whip an offender according to the Statute, for keeping Ale-house without licence, [Page 90]shall be imprisoned untill he do it, or pay forty shillings for his contempt.

The Constables, Stoned horse. 32. H. 8. cap. 13.8. Elis. cap. 8. &c. or the three persons that shall be requested to be at the measuring of any stoned horse being above the age of two years, and going in any common Marsh or Fenne-ground within this Countie of Cambridge, or the Isle of Ely, &c. according to the Statute, that shall refuse to do the same, or do not truly measure such horses, shall forfeit for every such offence fortie shillings. And so shall that Constable within whose precincts and limits such Moores, Commons, Fennes, and Marshes, &c. be not year­ly, at the feast of S. Michael the Archangle, or within fifteen dayes after effectually driven.

43. Elis. cap. 7. Hedge­breakers. The Constable must whip or cause to be whipped such hedge-breakers, robbers of Orchards, cutters of corn or wood, &c. as for that purpose are committed unto him by any justice of peace, upon pain to be committed themselves to the common goal with­out bail untill it be done.

3. Jac. cap. 4. Popish Re­cusants. The Constables of Pa­rishes and Villages, shall once a yeare present the monethly absence from Church of all Popish Recusants, &c. upon the like penaltie as is before declared of the chief Consta­ble, and shall have the like reward, &c.

The Ruler, 5. Ed. 4.3. Acc sur le case B. 76. Constable, Lodging of travel­lers. or other Officer of any Town, may compell any common Inne-holder or Ale-house­keeper, to lodge such as travel.

The Constable, Servants departing. 5. Elis. cap. 4. &c. under his seal, and two honest housholders shall make this testimoniall, for a servant retained in husbandry or in any the Arts appointed by the Statute of labourers, whose time of retainour be­ing expired, shall depart out of the Town or Parish where he last served, to serve in another, as followeth.

And if such person be ac­cepted into any other service without shewing such testi­moniall to the Constable, &c. of the place where he shall be accepted, he shall be imprisoned till he procure such a testimoniall; which if he do not within twelve daies next after the first day of his imprisonment, he shall be whipped as a vagabond.

Huy and cry. The money recovery upon the hundred by the party robbed, 27. Elis. cap. 13. and assessed by the Justices upon the statute of huy and cry, shall be levied by the Constables ratably, by distresse and sale of the goods and chattels of such as refuse to pay the same.

The Minister or Curate of the parish, 35. Elis. cap. 1. Popish Re­eusant sent. and the Constable &c. of the town to which any Popish Recusant shall be sent [Page 94]by order of the statute, shall enter the same into a book to be kept in every parish for that purpose, and shall certifie the same at the next quarter-Sessions of the peace in that County.

If any action, bill, plaint, A remedy for Con­stables, &c. against contenti­ous suits prosecuted against them for the lavvfull execution of their office. information or suit upon the case, 7. Jac. cap. 5.21. Jac. cap. 12. trespasse, battery, or false imprisonment shall be brought or cōmenced against any Justice of peace, Maior, Bayliff of City or Town corporate, Headborough, Portrecue, Constable, Ti­thing-man, Collectour of sub­sidy or fifteens, Church war­dens, & persons called sworn­men executing the office of Churchwarden or Overseer of the poore, and their depu­ties, or any of them, or any other which in their aid or assistance, or by their com­mandment shall do any thing touching his or their office, for or concerning any matter cause, or thing, by them or any of them done, by virtue or reason of their or any of their office or offices, that the [Page 96]said action, bill, plaint or suit shall be laid within the Coun­tie where the trespasse or fact shall be done or committed, and not elsewhere, and it shall be lawfull to, and for all and every person or persons aforesaid to plead thereunto the generall issue, that he or they are not guilty, and to give such speciall matter in evidence to the Jury which shall try the same, which spe­ciall matter being pleaded, had been a good and sufficient matter in law to have dis­charged the said defendant of the trespasse or other mat­ter laid to his charge. And if upon the triall of any such action, &c. the plaintiff there­in shall not prove to the Jury which shall try the same, that the trespasse, battery, impri­sonment, or other fact, &c. [Page 97]was, or were had, made, com­mitted or done within the County wherein such action bill, &c. shall be laid, that then in every such case the Jury which shall try the same shall find the defendant in e­very such action, &c. not guilty, without having any regard or respect to any evi­dence given by the plaintiff therein, touching the trespas, &c. for which the same acti­on &c. is or shall be brought. And if the verdict shall passe with the defendant, in any such action, &c. or the plain­tiff therein become non­suit, or suffer discontinuance thereof, that in every such case the Justices or Justice, &c. before whom the said matter shall be tried, shall allow unto the defendant his or their double costs, which [Page 98]he or they shall have sustain­ed by reason of such wrong­full vexation in defence of the said action, &c. for which the said defendant shall have like remedy as in other cases, where costs by the Laws of this Realm are given to the defendants.

Directions touching the office and duty of the Overseers for the Poore.

THe Churchwardens of every parish, Overseers chosen. St. 43. Elis. cap. 2. and two or more substantiall householders there shall be nominated and appointed yearly in Easter week, or within one moneth after Ea­ster, under the hands and seals of two or more Justices of the peace in the same County, &c. to be Overseers for the poore of the same pa­rish; and they or the greater part of them shall take order from time to time by and with the consent of the said Justices for setting to work of the children of all such [Page 100]whose parents shall not by the said Churchwardens and Overseers, or the greater part of them, Their of­fice. be thought able to keep and maintain their chil­dren; To set poore to vvork. and also for setting to work of all such persons ma­ried or unmaried having no means to maintain them, or having no ordinary and day­ly trade of life to get their li­ving by: To raise. summes of money. And also to raise weekly, or otherwise, by tax­ation of every inhabitant, Parson, Vicar, and other, and of every occupier of lands, Who are to be taxed, and for vvhat. houses, tithes impropriate, or propriation of tithes, cole mines, or salable under­woods in the said parish, in such competent summe and summes of money as they shall think fit for the raysing of a convenient stock of flax, hemp, wool, thread, yarn, [Page 101]and other necessary ware and stuff to set the poore on work. Materialls to set the poore on vvork. And also to raise com­petent summes of money for and towards the necessary relief of the lame, impotent, To relieve the impo­tent. old, blind, and such other a­mong them, being poore and not able to work: And also for the putting out of such children to be apprentices, To put out apprenti­ces, &c. to be gathered out of the same parish according to the abili­ty of the said parish, and to do and execute all other things as well for the dispo­sing of the said stock, as o­therwise concerning the pre­mises, as to them shall seem convenient.

In which words you may perceive that the office and duty of these overseers for the poore chiefly consisteth in setting the poore on work, [Page 102]in relieving the impotent, and in putting out poore chil­dren to be apprentices, and in making of rates for these purposes: and first touching Rates I will observe these three particulars,

In the raysing or making of rates these three things are most considerable.

1. The persons who are to make the rates.

2. The circumstances ob­servable in the making of them.

3. The persons and estates that are chargeable to them.

First the persons that are to make them, are the Churchwardens, and other the Overseers of the poore, or the greater part of them, [Page 103]with the consent of the Justi­ces, &c. particularly appoint­ed and assigned by the said statute to raise rates for the purpose aforesaid, and doubt­lesse warrantably may do the same without the assistance and allowance of the other parishioners, yet for the a­voiding of all exception these officers shall do well to give publick notice to all, or so many of the said parishioners as will assemble to be present at the making of them.

2. The circumstances to be observed in the making of rates, these rules may be con­sidered.

1 First that they be compe­tent and proportionable▪ competent in regard of the ability of the parish, and of the occasion for which they are raised; proportionable in [Page 104]regard of the persons and estates that are to contribute unto them.

2 Experience hath found it the best, surest, and most qui­et way of rating of land by the quantity or content of acres, and not by the yearly rent, value or quality thereof; to wit, arable to be rated with arable, pasture with pa­sture, meadow with meadow (in the same town) having respect to the quality of the two last, in rating them dou­ble with the arable, or more or lesse according to the con­dition thereof.

3 Dwelling-houses are not to be rated which serve onely to sleep in, and in Countrey towns and villages yield little or no rent at all, but serve onely for helps and ad­jument for the better main­tenance [Page 105]and disposing of lands belonging to them.

4 He that occupieth in his own hands lands lying in se­verall parishes is chargeable in every parish proportiona­bly for his land there.

5 The farmer shall be rated for the land he occupieth, and not the leasour or land­lord.

6 A man shall not be rated for his farm-rents; for that the farmer or occupier of the land is charged for the same land, whether the rate be made by land or stock.

7 By goods in most cases a man may be rated as well as by land, but seldome by both, unlesse for the poore, N. Re­sol. 18. for which the land is to be taxed in the first place equally and indifferently, with an additi­on for the visible ability of [Page 106]the party according to good discretion, but the common custome is that he that hath both lands and goods is charged onely by the best of them.

8 In the same rate one man may be rated by his land and another by his goods.

9 Where a man is taxed by his goods, it seemeth reasona­ble that such goods be rated after the valuation of lands to be purchased, sc. one hun­dred pounds in stock or goods after five or six pound a year in lands.

10 Where a man is charged by goods they must be such as the party charged is cer­tainly known to have within that town at the time of the rate-making.

3 The third and last thing observable in the making of [Page 107]rates, are the persons and e­states that are liable unto them.

All manner of persons as well spirituall as temporall, All perso and estate, liable to these rates. 43. Elis. cap. 2. of what estate, quality, con­dition or degree they be of, are hereby chargeable, unlesse these officers, (as in good discretion they ought) spare the poore labourer, cottager, and hired that have no consi­derable personall estate.

All estates, lands and pos­sessions whatsoever seem chargeable to these rates, which yield a clear and cer­tain profit, † N. Resol. 14. as well the not guildable as the guildable, yea although the same be not annuall, as † Old Re­sol. 19. under-woods, &c. sheep-walks, mills, dove­houses, &c. are in like manner chargeable; but herein consi­deration is to be had of the [Page 108]casualties, charges and dis­profits issuing out of them.

Parsonages or tithes are charged by the statute to contribute to these rates, Parsona­ges hovv chargea­ble. and where they have the full tenth of the annuall profits arising out of the parish, there to pay the tenth; and so pro­portionably as they receive profit in that respect, paying also for their glebe-land rata­bly by the acre, as other men pay for theirs.

If a parishioner, Bringers in of forrei­ners. &c. shall bring into the parish without the consent of the parish a stranger of another parish, which is (or apparantly is like to be) burdensome to the parish, such person may be taxed to the charge of the rates for the poore there, not onely having respect to his ability or land he occupieth, [Page 109]but according to the damage or danger he bringeth to the parish by his folly.

Secondly in the levying of rates these things may be ob­served. Levying of rates.

1. Distr. Saac. 51. H. 3 28. Ed. 1. c. 12. What goods properly by the law are to be distrain­ed.

2. Where and how long a distresse may be kept and de­tained.

3. How and in what man­ner the same shall be apprised and sold.

No man shall be distrained by his beasts which till his land, nor by his sheep, What goods are distrain­able. neither a Tradesman by his tools wherewith he getteth his li­ving, &c. so long as any o­ther sufficient distresse may be had, except it be impounding of beasts which a man finds damage fesant, according to [Page 110]the custome of the Realm.

Distresse shall be reasonable. 51. H. 3. cap. 1, 4.52. H. 3. c. 1.2, 3.28. Ed. 1. c. 12. Distresses shall be reasona­ble according to the quanti­ty of the debt or damage, and not grievous, and he that ta­keth unreasonable and exces­sive distresses shall be amer­ced.

No distresse shall be driven out of the County where it was taken, Where di­stresse shall be im­pounded. 51. Hen. 3. c. 52. Hen. 3. cap. 4.3. Ed. 1. cap. 16.9. Ed. 2. cap. 9. nor out of the hundred, rape, wapentake, or lath, except it be to a pound overt within the same shire, being not above three miles distant from the place where it was taken: 1. & 2. Phil. & Mar. cap. 12. none shall impound in severall places goods distreined for any cause at one time, nor shall take above foure pence for the impounding of any one whole distresse, nor shall di­strein out of their fee, or in the Kings high-way or com­mon [Page 111]street, but the Kings of­ficers onely having speciall authority so to do; nor in the fees of the Church, nor shall take wrongfull distresse, or without authority.

Distr. Scac. 52. H. 3. The owner without di­sturbance or paying any thing therefore, may give his beasts meat of his own, while they remain in a pound overt.

If a distresse be taken of any houshold-stuff or the like, that may take hurt in a pound overt, these officers may keep and detain the same in their own hands till satisfa­ction made.

By the ancient law, Distr. Scac. 52, H. 3. How long distresse may be kept. no cattel nor other distresse ta­ken for the Kings debt, nor for any other thing was to be sold or given within fifteen dayes after the taking there­of. But this Statute of the [Page 112]43. of Elis. 43. Elis. cap. 2. limiteth no time for detaining the distresse be­fore sale, as in some other sta­tutes you may observe it doth, and must follow the di­rection thereof: these officers upon refusall of the owner to redeem it may instantly sell the same.

A distresse thus taken and detained, Distresse hovv ap­prised and sold. these officers (upon the owners refusall, or neg­lect within some reasonable time to redeem it) shall pro­cure two or more honest sub­stantiall and indifferent per­sons to apprise and value the same, and then upon re­fusall of the owner to redeem it, may make present sale thereof according to the said apprisement, rendring to the owner the overplus that shall remain upon the said sale.

The principall work of [Page 113]these officers is the well or­dering and disposing of these rates, which especially tend­eth to these ends.

1. To set the poore on work.

2. To relieve the impo­tent.

3. To put forth apprenti­ces.

In the setting the poore on work consideration may be had,

1. Who are to be set on work.

2. By whom they are to be set on work.

3. How and in what man­ner they are to be imployed.

St. 43. Elis. cap. 2. Who shall be set on vvork. First and principally it re­gardeth the training up of children by a timely educati­on and imployment of them, and to acquaint them with labour, thereby to prepare [Page 114]and make them fit to be ap­prentices to husbandry and trades, whereby they shall not onely be able to main­tain themselves but become profitable members of the common-wealth. In like manner all other persons as well men as women, maried or unmaried, young or old, that want means and have no ordinary and dayly trade of life to get their living by, are by this statute to be set on work, and such as have trades if they want means to set up, are to be helped by these of­ficers out of the town stock, whose office and duty it is, not onely to set all those on work which are willing and seek unto them for work, but those especially that live idly and shun labour.

The Churchwardens and [Page 115]Overseers for the poore, 43. Elis. cap. 2.3. Cha. cap. 4. Who shall set the poore on vvork. or the greater part of them are not onely by this Statute 44. Elis. specially inabled to set the poore on work, but are also further inabled and au­thorised by that of King Charles, (with the consent of the Justices of peace of the same Division) to set up, use and occupy any trade, my­stery or occupation for the setting on work and better relief of the poore of the same parish, town or place; and it were much to be wish­ed that this Statute were put in execution with us, as it is in some parts of this king­dome, whereby the common­wealth may receive profit, the poore relief, the severall town-ships ease, and God in all may have the glory

This statute ordaineth, that [Page 116]there be a convenient stock of flax, Where vvith the poore are to be set on vvork. hemp, wool, thread, 43. Elis. cap. 2. yarn, &c. provided in every parish to set the poore on work: but these officers are not precisely tyed to the very letter concerning the materi­als therein mētioned, where­with the poore are to be set on work, as may be observed by these words, and other necessary ware and stuffe; for all countreys do not afford and produce one & the same things, neither are all persons apt and fit for the same work, & therefore (without doubt) the statute herein relyeth much upon the discretion of these officers, together with the direction of the Justices of the peace.

The women and children may be imployed in spinning and carding of woollen and [Page 117]linen, in knitting &c. gather­ing of stones to mend the high-wayes, and the like. The men and those of able bo­dies in beating of hemp, working of yarn, or such like. And in Countreys where these commodities are not to be had, publick works may be devised by these officers for the good of their towns, and the common-wealth; as repairing of High-wayes, Cawsies, Bridges, Banks, drayning of fennes, moorish grounds, casting up or scour­ing of ditches, raising of banks, and the like, all which are profitable and commend­able works, and are agreea­ble to the statute, and speci­ally commanded and com­mended by his Majestie.

And here by the way I hold it not unfit to remove [Page 118]this cōmon objection, Losse of the town­stock a common objection. which seemeth much to hinder and discourage these officers from a willing and chearfull pro­ceeding in this course, name­ly, the usuall losse and decay (as is pretended) of the town­stocks. To this it may be an­swered, that whatsoever the losse is, it is farre short of the benefit, that both that parti­cular town and the whole County receiveth by their imployment; besides if these officers will be faithfull and diligent to buy at the best hand such commodities as be good, and weigh them in and out, and look that the work be well and orderly done, there will be the lesse losse. And if they find the said stuff diminished beyond the ordi­nary losse, or be otherwise misused or evily wrought, [Page 119]they may cast it upon the hands of such as have so lesse­ned or abused it, and the va­lue thereof may be levyed upon their goods, where they be able; or not having wherewithall to answer they may be punished or sent to the house of correction, for an example to others. And if these officers fail to do as is specified, they are worthy to bear the whole losse them­selves. Nor is it sufficient that these officers make return of the town stock once in the year onely, (as the common course is) but they ought to make return thereof once in every quarter of the year. And whereas it is sometimes objected, that there are no poore to set on work, which for the most part is otherwise yet being so the stock ought [Page 120]not to lie idly, but may be imployed in buying of bread-corn, fuell, or such like at the best hand for the benefit of the poore.

The second generall work of these officers in the dispo­sing of rates, is to relieve the impotent.

And herein consideration may be had of three sorts of poore, Impotent poore to be relieved. and how every of them shall be relieved.

1. Three sorts of impo­tent poore. Impotent poore by in­firmitie. Fatherlesse children educated; Aged, blind, lame, diseased persons relieved and harboured.

2. Impotent poore by ca­suality. Wounded souldiers, decayed housholders, visited and sick persons relieved.

3. Impotent poore by un­thriftinesse. Riotous spend­ers, vagabond loyterers, idle [Page 121]strumpets sparingly relieved.

But these last sort being of able bodies are to be sent to the house of correction there to be set on work, and duly punished.

His Majesty hath com­manded that the weekly tax­ations for the relief of the poore and other purposes, Taxations raised in time of scarcity. mentioned in the Statute of 43. Car. Re. Direct. 5. Elis. be in times of scarci­tie raised to higher rates in every parish then in times be­fore were used, and contribu­tions had from other parishes to help the weaker parishes; Relief from other parishes. especially from those places where depopulations have been some good contributi­ons to come for help of other parishes. And where any mo­ney or stock hath or shall be given to the relief of the poore of any parish, Private gifts not to lessen pub­lick rates. such gift [Page 122]to be no occasion of lessening the rates of the parish.

The last, but not the least, generall dutie required by this Statute of these Officers, Apprenti­ces. is the putting out of poore children to be apprentices, wherein may be observed these particulars.

1. Who shall be put forth apprentice.

2. When and how long they shall be placed out ap­prentice.

3. By whom, and to whom, they shall be put forth apprentice.

First, What chil­dren shall be put forth ap­prentices. it is not meant by this Statute, that the children of those onely that receive col­lection (as some have imagi­ned) shall be put forth ap­prentices, or such as are de­stitute of parents or friends, but likewise the children of [Page 123]all those that are poore and overburdened with children; and those whose labours are not sufficient to maintain them, or have not means to support their charge, as well in sicknesse as in health: but as the Statute hath it, the children of all such, whose parents shall not by the Offi­cers or the greater part of them, be thought able to keep and maintain their chil­dren.

Secondly, At vvhat age they may be put forth. at what age children of both sexes shall be put forth apprentice, this Statute giveth no speciall direction, but leaveth it wholly to the discretion of the Officers and Justices, but so as none shall be put ap­prentice before they be able to do some service, nor after they are of able bodies, and [Page 124]can do good service for their parents, 5. Elis. cap. 4.43. Elis. cap. 4.39. Elis. cap. 12.1. Jac. cap. 6.7. Jac. cap. 3. or may have compe­tent wages from others to maintain themselves: and this seemeth to be betwixt the age of tenne and sixteen; but yet by consent, or in some speciall cases, they may be put forth sooner or later. See for this the Statutes; 43. Elis. 5. Elis. 39. Elis. 1. Jac. 7. Jac.

How long they shall continue. 43. Eli. cap. 2. A man child shall be bound apprentice untill he come to the age of foure and twentie years; a woman child, untill she come to the age of one and twentie years, or ma­riage.

And none are compella­ble to be bound apprentices, 5. Elis. cap. 4. that are one and twentie years old or above.

Thirdly, the Churchwar­dens and Overseers for the [Page 125]poore, Who shall put forth apprentices or the greater part of them, are not onely specially inabled by this statute to raise competent summes of money for the putting out of appren­tices, but may also bind any such children as aforesaid to be apprentices, where they shall see convenient.

By which severall bran­ches of that Statute, 43. Elis. cap. 2. Two wayes of putting out of appren­tices. there seemeth to be a twofold way of putting forth of apprenti­ces; the one by raising summes of money for the placing of them with men of trades, or in husbandry, as these officers and they can agree; but whe­ther they are compellable to take them without satisfacti­on given, seemeth doubtfull; but the children (without question) may be enforced: and whosoever shall refuse to contribute to a rate made for [Page 126]this purpose, these Officers, by warrant from the Justices, &c. may levie the same by distresse and sale of the goods of the party so refusing.

The other way of putting forth apprentices (and war­ranted both by command and practice) is by putting them out without money to men of good abilitie, using Hus­bandry or the like, who are thought compellable by the Statute to take them, and for refusall may be bound to the Sessions or Assises, there to be indicted or imprisoned for their contempt. If the Parents shall refuse to suffer their children to be bound out ap­prentice, or shall intice them away being bound, they may be sent to the house of Cor­rection, and so may the chil­dren refusing.

I have known when the Justices have also injoyned the masters to pay summes of money to their apprentices at the end of their term, and have inserted the same as a covenant in their indentures; but whether this may be done without consent or no I cannot determine; and it is to be done upon speciall con­sideration.

Every person, N. Res. 3, 4. Who shall take ap­prentices. as well Clergy-men as others, who by their calling and professi­on, or manner of living en­tertaineth and must have use of other servants of the like qualitie, must entertain such an apprentice; wherein dis­cretion must be the guide, upon due consideration of circumstance.

And doubtlesse every per­son of wealth and abilitie, Who shall contribute. [Page 128]although he have no use of such an apprentice, must contribute to the charge of putting forth such apprenti­ces, as to other charges for the poore, or may be com­pelled to give a summe of money to help a weaker man in estate that shall take such apprentice.

In the putting forth of these apprentices, Considera­tions in putting out of appren­tice. there must be speciall regard had to these circumstances: The Master, the Child, the Facul­tie, the Parents.

1. The Master, Master. as well for his abilitie, as honestie; for otherwise by hard usage, they may provoke their appren­tice to runne away.

Secondly, Trade. his trade and imployment, least the ap­prentice waste and consume his time without learning [Page 129]any thing and so be made worse then at the first.

3. The Children, Children. that they be put out while they be young and tractable, and be­fore they be corrupted with vice and idlenesse, for then they will hardly keep their service, or be held to labour.

4. The Parents, Parents. to take away such Children from them as are burdensome, or brought up loosely and idlely.

These Officers, or such of them as shall not be let by sicknesse, 43. Elis. cap. 2. or other just excuse (to be allowed by two Justi­ces of peace) shall meet toge­ther, at the least once every moneth in the Church of the same parish, upon the Sunday in the afternoon, after divine service, there to consider of some good course to be ta­ken, and some meet order to [Page 130]be set down in the premises, and shall within foure dayes after the end of their year, and after other Overseers no­minated, make and yield up to two such Justices a true and perfect account in wri­ting, subscribed under their hands, of all summes of mo­ney by them received, or ra­ted and sessed and not recei­ved, and also of such stock as shall be in their hands or in the hands of the poore to work, and of all other things concerning their said office. And such summe or summes of money as shall be in their hands, they shall pay & deliver over to the Churchwardens and Overseers newly nomina­ted and appointed, upon pain that every one of them ab­senting themselves without lawfull cause, as aforesaid, [Page 131]from such monethly meeting for the purpose aforesaid, or being otherwise negligent in their office, or in the execu­tion of the orders aforesaid, Forfeiture. being made by and with the consent of the said Justices of peace, or any two of them, to forfeit for every such default of absence or negligence twenty shillings.

These officers at the end of their year shall yield an account unto the Justices,

1. Of all summes of money by them recieved, or rated and not received.

2. Of all such stock of ware and stuff, as they or any of the poore have in their hands to work, and how oft they have returned the same.

3. Whether they have as­sessed the inhabitants and oc­cupiers of lands, &c. in their [Page 132]parish, to wit, all such as are of abilitie, and with indiffe­rencie.

4. Whether they have en­deavoured to levy and ga­ther such assessements.

5. Whether they have distri­buted the same with indiffe­rency and without partiality.

6. What poore they have set on work, and in what manner, and whom they have relieved by contribution.

7. What apprentices they have put out according to the Statute, and whether all those that have been put forth do remain and abide with their masters, if not, in whose default the same is.

8. Whether they have suf­fered their poore to wander and beg, either within their own parish or elsewhere.

9. Whether they have [Page 133]monethly met together to consider of these things ac­cording to the Statute.

10. Whether they have duly executed the precepts of the Justices, and levied the seve­rall forfeitures appointed by the Statute, &c.

And if they be found re­misse and negligent in any of the premises, &c. they shall forfeit twenty shillings for every default.

And if the Churchwar­dens and other the Overseers of the poore, or any of them, Refuse to account. shall refuse to make and yield up a true and perfect account to the said Justices, the said Justices may commit them to the common gaol untill they shall willingly do the same.

Or having accounted, Refuse to pay. shall refuse or neglect to pay the [Page 134]same, the said Justices by their warrant may cause the same to be levyed upon their goods by distresse and sale thereof; and in defect of such distresse may commit him or them to the common gaol, there to remain without bail or mainprise untill payment be made of the said summe, arrerages and stock, &c.

Build hou­ses and place in­mates. 43. Elis. cap. 2. These officers or the great­er part of them by leave of the Lord or Lords of the Mannor, whereof any wast or common within their pa­rish is or shall be parcell, and upon agreement before with him or them made in wri­ting under the hand and seal of the said Lord or Lords, or otherwise according to an order to be set down by the Justices of the peace of the said County at their generall [Page 135]quarter-sessions, by like leave and agreement of the said Lord or Lords in writing un­der his or their hands and seals may erect, build, and set up in fit and convenient pla­ces of habitation, in such wast and common (at the generall charge of the Parish, or other­wise of the Hundred or County to be taxed, rated and gathered as aforesaid) convenient houses of dwel­ling for the said impotent poore, and also to place In­mates, or more families then one in one house or cottage, which cottage and place for Inmates shall not at any time after be used or imployed to or for any other habitation but onely for the impotent and poore of the same parish, that shall be placed from time to time by the Church­wardens [Page 136]and Overseers of the poore of the same parish, or the most part of them up­on the pains and forfeitures contained in the statute made in the one and thirtieth yeare of Queen Elisabeth.

CHurch wardens of parish­es be taken (in favour of the Church) to be for some purposes a manner of corpo­ration at the common Law, Office of Church­wardens by the com­mon law. that is to say, persons inabled by that name to take movea­ble goods or chattels of the Church, and to sue and be su­ed at the law concerning such goods, for the use and profit of their parish, They may not wast the Church goods. and therefore they cannot give away, re­lease or wast the goods of the Church, but are liable to be removed & to be brought to an account for the same: [Page 137]for as touching any estate in lands, They have not to do with lands. or the profit of any lands, Churchwardens have not to meddle at all; inso­much that if the walls, win­dows, or doores of the Church be broken, or the trees in the Church-yard be cut down, or the grasse therof be eaten up, then the Parson or Vicar and not the Church­wardens shall have the action for it, because Churchwar­dens are not by law allowed to be a corporation for any other thing then for movea­ble goods onely.

Lastly, some statutes there are that do concern them: as namely, of the 1. of Elis. c. 2. Repair to the Church. & the 3. of K. Ja. c. 4. for ab­sence from Church, and the levying of the 12. pence for­feited by distresse and sale, to the use of the poore of the parish.

Of the 2. High­vvayes. and 3. of Phil. & Mar. c. 8. and the 5. of Elis. c. 13. for the chusing of Sur­veyers of the High-wayes, on pain of twenty shillings: See more hereof in the office of Surveyers.

Of the 5. of Elis. c. 5. for eating flesh in lent, Flesh in Lent. and levy­ing the third part of the for­feitures after conviction, and to take notice of licence granted by the Minister to eat flesh.

Of the 43. Overseers for the poore. of Elis. c. 2. of being Overseers for the poore See the office of Overseers for the poore.

The 43. Money for prisoners and soul­diers. of Elis. c. 3. for the raising and paying of mo­ney for the relief of lame souldiers, and prisoners of the Marshalsies and gaol of the County, and the penalty of twenty shillings for their default.

The 1. Jac. c. 9. &c. Tipling in Alehouses, &c. of the forfeiture of forty shil­lings for omitting their duty in levying the penalties of Inne-keepers and Alehouse-keepers suffering tipling or other disorder, 3. Car. cap. 3. or selling ale or beere under the assise, &c. or neglecting by twenty dayes to certifie the default of distresse in offenders a­gainst this Act.

The 5. of Elis. c. 4. Testimoni, all of a servant. touch­ing the testimoniall of a ser­vant.

Of the 35. of Elis. c. 1. Refusers to come to Church. of giving notice to forbear to receive or keep any obsti­nately refusing to come to Church.

Of the 3. of King Ja. c. 4. Popish Ro­cusants. of presenting the monethly absence from Church of Po­pish Recusants, their penalty and reward.

The 23. Destructi­on of game. Elis. c. 10. and 1. Jac. c. 17. of levying the for­feitures to the use of the poore, for destroying of the game of Phesants, Par­tridge, Prisoners. &c.

The 3. of K. Jam. c. 10. of raising money for conveying prisoners to the gaol.

The Office and Duty of Surveyers for the a­mending of High­wayes.

Surveyers shall be chosen. 2. & 3. Phil. & Mar. cap. 8.5. Elis. cap. 13.29. Elis. cap. 5. THe Constables and Churchwardens of e­very parish shall year­ly upon the Tuesday or Wed­nesday in Easter week call together a number of the pa­rishioners, and then shall chuse two honest persons of the parish to be Surveyers for one year of the works for the amendment of the high­wayes in their parish leading to any market town; and shall then also name and appoint six dayes for the amending of the said wayes, before the feast of Saint John Baptist then next following; and [Page 142]shall openly in the Church the next Sunday after Easter give knowledge of the same six dayes, Six dayes shall be ap­pointed. and upon the said dayes the parishioners shall endeavour themselves to the amendment of the said wayes upon pain of such reasonable fines and amercements as shall be thought meet by the Steward of the Leet, Penalty for omitting it or in his default by the Justices at their quarter Sessions.

They shall take upon them the execution of their said office upon pain of every of them making default to for­feit twenty shillings. Forfeiture for not ex­ecuting. Their of­fice.

And the said persons so named have authority here­by to order and direct the persons and carriages that shall be appointed for these works by their discretion.

Every person for every [Page 143]plow-land in tillage or pa­sture that he or she shall oc­cupy in the same parish, Parishio­ners hovv charged. and every other person keeping there a draught or plow shall find and send at every day and place to be appointed for the amending of the wayes in that parish one wain or cart furnished after the custome of the Countrey, with oxen, horses or other cattel, and all other necessa­ries meet to carry things con­venient for that purpose, and also two able men with the same, upon pain of every draught making default ten shillings.

And every other house­holder, cottager, or labourer of that parish (having no plow or draught) able to la­bour, and being no hired ser­vant by the yeare, shall by [Page 144]themselves or one sufficient labourer for every of them, upon every of the said six dayes, work and travel in the amendment of the said High-wayes, upon pain of e­very person making default to forfeit for every day twelve pence.

Charge of persons taxed in the subsidy at five pound in goods. 18. Elis. cap. 10. Every person (except such as dwell in the City of Lon­don) that shall be assessed to the payment of any subsidie to his Majesty to five pound goods, or fourty shillings in lands or above, during the time he shall stand so assessed and not altered, and being none of the parties chargea­ble for the amendment of high-wayes by any former law, but as a cottager, shall find two able men yearly to labour in the high-wayes at such dayes and time as by [Page 145]the severall statutes are ap­pointed.

A plow­land in se­verall Pa­rishes. Every person that shall oc­cupie a plow-land in tillage or pasture lying in severall parishes shall be chargeable to the making and mending of the High-wayes within the parish onely where he dwelleth.

Severall plow-lands in severall Parishes. And every person occupy­ing severall plow-lands in se­verall parishes shall be char­ged to find one cart, &c. fur­nished in each town or parish where the said plow-land doth lye.

2. & 3. Phil. & Mar. cap. 8.18. Elis. cap. 10. Instru­ments to work. Every person & carriage a­bovesaid shall have and bring with thē such shovels, spades, picks, mattocks, and other tools and instruments as are fit and necessarie for the said work, and shall perform, do, and keep their work, as they [Page 146]shall be appointed by the said supervisours, What houres they shall vvork. or one of them, 29. Elis. cap. 5. eight houres of every of the said six dayes, unlesse they shall be otherwise licenced by the said supervisours or by one of them.

Tvvo able men in stead of carriages. If the carriages of the pa­rish or any of them shall not be thought needfull by the supervisours to be occupied upon any of the said dayes, then every person that should have sent any such carriage shall send to the said work for every carriage so spared two able men to labour for that day, upon pain to loose for e­very man not so sent twelve pence.

Every supervisour, &c. for the amendment of the said high-wayes according to the Statute within the parish where he is supervisour may 5. Elis. cap. 13. [Page 147]take and carry away so much of the rubbish or smallest broken stones of any quarry lying within the parish, Rubbish in quarries where they shall be supervisours, without licence or impeach­ment of the owner, as by their discretion shall be deemed necessary for the amendment of the said wayes: And for default of such quarry or rubbish, every such supervi­sour for the use aforesaid, in the severall grounds of any person within the parish and limits where they shall be supervisours, & nigh adjoyn­ing to the high-way to be re­paired, and wherein gravel, sand or cinder, is likely to be found, may dig, or cause to be digged for gravel, Dig gravel sand or cinders. Gather stones. sand or cinder, and likewise to gather stones, lying in any ground or lands within the parish and [Page 148]meet to be used to such pur­pose, and to take and carry away so much thereof as by the discretion of the supervi­sours shall be thought neces­sary to be imployed in the amendment of the said wayes

Not dig in quar­ries, &c. But it is not lawfull for them to cause any rubbish to be digged out of any quarry, but onely shall extend to such rubbish as shall be found there ready digged, &c. 5. Elis. cap. 13. nor to dig or cause to be digged any gravel, sand or cinder, in the house, garden, orchard, or meddow of any person; May dig in severall grounds. nor above one only pit to be digged for gravel in any se­verall and inclosed ground, and the same not to be in breadth or length above ten yards over at the most.

And the supervisors, Fill up the pit. which shall cause such pit to be dig­ged [Page 149]for gravel, sand or cinder, shall within one moneth next after such digging or pit made; cause the same to be filled and stopt up with earth, at the cost and charges of the parishio­ners, upon pain to forfeit to the owner of the soil, wherein such pit is made, 5 marks to be recovered by action of debt.

5. Elis. cap. 13. Turn a water course. It is lawfull for every such supervisor in the parish where he is supervisour, to turn any water-course or spring of water, being in any high-way and offensive to the same, into any ditch of the severall ground or soil of any person next adjoyning to the said wayes, in such māner as in the discretion of the said supervi­sours shall be thought meet.

The hayes, 18. Elis. cap. 10. fences, ditches and hedges, next adjoyning on either side, to any high or [Page 150]common-faring way, shall from time to time be diked, scoured, Ditches to be scoured, and hedges and Trees kept low. repaired and kept low, 18. Elis. cap. 10. and all trees and bushes growing in the high-wayes cut down by the owner of the ground or soil, which shall be inclosed with the said hayes, fences, ditches or hedges, whereby the said wayes may be open, and the people have more ready and easie passage in the same, upon pain to forfeit for every de­fault ten shillings.

High­wayes inlarged. 13. Ed. cap. 1. And by the Statute of Winchester it was inacted, that the high-wayes leading from one market town to another be inlarged whereas bushes, woods or ditches be, so that there be neither ditch, nor bush, whereby a man may lurk to do hurt, within two hundred foot on each side of [Page 151]the high-way. If by default of the Lord that will not avoid the ditch, underwood or bushes in the manner a­foresaid, any robbery be done therein, the Lord shall be an­swerable for the felony; and if murder be done, the Lord shall make a fine at the Kings pleasure. If the Lord be not able to fell the underwoods the Countie shall aid him therein.

15. Elis. cap. 10. Ditching and scour­ing. Every person that shall oc­cupy any lands adjoyning to any such high-way or com­mon faring-way, where any ditching or scouring should or ought to be as aforesaid, shall from time to time as need shall require ditch and scoure his ground so adjoyn­ing, whereby the water con­veyed from the said high­wayes, and over the ground [Page 152]next adjoyning may have passage over the said ground so next adjoyning to that ground, upon pain of forfei­ture for every time so offend­ing, for every rod not so ditched and scoured, twelve pence.

No soil to be cast in the high­wayes. No person having any ground by lease or otherwise adjoyning to any high-way leading to any market town, shall cast or scour any ditch, and lay the soil thereof in the high-way, and suffer it to lie by the space of six moneths to the annoyance of the said high-way, upon pain to forfeit for every load of soil so cast into the high-way twelve pence. And where any soil hath been cast into the high­way, that there is a bank between the said high-way and the ditch, the surveyers [Page 153]and workmen may make sluces or other devices, 18. Elis. cap. 10. by their discretions, to convey the water out of the said way into the ditch.

5. Elis. cap. 13. Supervi­sours to present. Every surveyer as afore­said for the time being, within one moneth next any default or offence commit­ted or done by any person contrary to the provision and true meaning of the Statutes, 2. & 3. Ph. & Mar. & 5. Elis. shall present every such default or offence to the next Justice of peace, upon pain to forfeit for every such offence in such sort not by them presented fourtie shillings.

5. Elis. cap. 13. Justices to certifie. And every Justice of peace not certifying such default presented unto him at the next generall Sessions, &c. shall forfeit five pound. And every Justice of peace upon [Page 154]his own proper knowledge, in the open generall Sessions, Justices may pre­sent. may make presentment of any high-way not well and sufficiently repaired, or of any other default or offence com­mitted or done as aforesaid, contrary to the intent of the Statute.

Who may heare and determine. 2. & 3. Ph. & Mar. cap. 8. And the Justices of every Countie, where the said de­faults or offences shall be committed, have authoritie to inquire thereof, within the limits of their commission at every their said quarter Sessi­ons, 5. Elis. cap. 13. and to assesse such fines for the same, as they or two of them, whereof one to be of the quorum, shall think meet.

Justices of Assise, Justices of Assise. Justices of peace. 18. Elis. cap. 10. and of oyer and terminer, Justices of peace in their Sessions, and Stewards of Leets and Law­dayes, [Page 155]in their Leets and Law-dayes, shall heare and determine all offences con­cerning this Statute.

Stewards of Leets, &c. Steward of Leets. and in their default the Justices of peace of every place and countie, in their quarter Sessi­ons may enquire against eve­ry point and article of this Statute, and may assesse such reasonable fines and amerce­ments for the same as shall be by them thought meet. And the said Steward or Clerk of the peace respectively shall make estreats indented of all the fines and forfeitures, &c. Estreats of the fines. and shall deliver one part thereof sealed and signed to the Bayliff or High-constable of the hundred, &c. within six weeks after Michael masse, 18. Elis. cap. 10.5. Elis. c. 13. whereby they (or the Sur­veyers of the high-wayes, [Page 156]they being directed to them) may levie the same by di­stresse and sale, &c. If no sufficient distresse can be found, or if the said offender shall obstinately refuse to pay the said amercement, Refusing to pay. 2. & 3. Phil & Mar. cap. 8. 5. Elis. cap. 13. or do not pay the same within twentie dayes after a lawfull demand thereof by the said officers, then that person to forfeit double the summe that he should before have paid.

Every Bailiff, Account and pay. head-Con­stable, &c. shall once every yeare, betwixt the first of March and the last of April, make a true account and pay­ment of all such summes of money (to the Constables and Churchwardens of every parish wherein the offence was committed, or to two of them) as is collected upon [Page 157]the said estreats, upon pain to forfeit for every offence forty shillings.

The Churchwardens, &c. may call the Bailiffs & High-Constables to account be­fore the Justices of peace or two of them, who shall take the said account, and may commit them to prison with­out bail, untill they pay all such arrerages as shall be ad­judged by the said Justices. The said Bailiffs and High-constables upon their ac­counts shall be allowed for every pound they shall col­lect and pay eight pence for their own pains.

The successours of every Churchwarden shall have the like remedy against their suc­cessours, as is before appoint­ed against the Bailiffs, &c.

All fines, 5. Elis. cap. 13. amercements [Page 158]and forfeitures, Fines and forfeitures, how they shall be le­vied and bestowed. due for any offence against these Statutes shall be to the Churchward­ens of every parish, wherein the offences shall be commit­ted, to be bestowed upon the high wayes in the said parish.

18. Elis. cap. 10. All penalties or summes of money forfeited for any cause within this Statute, shall be levied in every parish by the surveyers of the wayes within that parish for the time being by distresse and sale, in manner and form as fines or amercements in leets have been used. And the money so levied, to be imployed upon the high-wayes where the offence was committed; and if the sur­veyers shall or will not levy and imploy the same within one yeare after the offence so committed, that then the [Page 159]same summes or forfeitures shall be levyed in form a­foresaid by the Constables, or Churchwardens of the town or parish where the of­fence was committed; and that he or they so levying any of the said penalties or for­feitures shall make and yield such account as is appointed in the before recited statute.

9. Hen. 3. c. 14. Who shall make and repair bridges. No Town nor Free-man shall be constrained to make Bridges nor banks, but such as of old time and of right have been accustomed to make them.

22. Hen. 8. c. 5. Foure Justices of peace may award processe against them who ought to repair bridges.

Where it is not known who ought of right to repair a Bridge, foure Justices may tax the inhabitants of the Shire, Riding, City, or Town [Page 160]corporate, as the case shall be, and may also make and appoint two Collectours of every Hundred, who may di­strain for the money so tax­ed, and also may appoint two Surveyers, who shall see and direct the work, &c.

Where any is chargeable by law to repair a Bridge, Crompt. f. 186. b he must also maintain the way at each end thereof by the space of three hundred foot, though the soil belong to another.

If a man voluntarily ma­keth or mendeth a Bridge, 21. Ed. 4 46. Cawsie or High-way, he is not compellable to do the same again, unlesse he or his ancestours have used so to do time out of mind.

If a man maketh a Bridge for easement to his mill, or the like, and it decayeth, he [Page 161]nor any other are chargeable to repair this, for it is no com­mon passage.

2. & 3. Phil. & Mar. cap. 8. Who ought to be cho­sen survey­ers. First therefore touching the election of these survey­ers, &c. where the Statute ap­pointeth to make choice of two honest persons of the pa­rish to be Surveyers, it im­plyeth also, that they be dis­creet, and persons of some a­bility of estate, and not of the meaner sort of inhabitants (as the manner is) who neither dare command the service to be done, nor present it being undone, ofttimes for fear of displeasing those they depend upon.

2. What waies shall be re­paired by the Statute. The six dayes work in­joyned by this statute are to be imployed upon the High-wayes in the parish, leading to some market town, which is via Regia, the Kings high-way, free for all men to passe with cart and carriage, and they nor any part of them are to be bestowed in the mend­ing or repairing of any pri­vate way or other field-way, such as is called Iter or Actus, unlesse the said High-wayes be otherwise well and suffici­ently repaired, and shall not need the said whole six dayes.

3. The same dayes. The Parochians must go and perform the service the same six dayes that are appointed, and though they shall do full six dayes work at other times before Mid­summer, yet are they pre­sentable [Page 163]therefore, and shall be amerced.

4. Other dayes may be appoint­ed. If the said six dayes so appointed or any of them prove unseasonable for the service, these officers may ap­point such or so many other dayes as shall be behind; and all persons are liable to do e­very thing as in the former six dayes; yea, by some opi­nions although Midsummer be past.

5. If the said six dayes be not sufficient to make their said wayes perfect, they ought to do more: for if the Township be indicted for a­ny default in their said wayes, Every town must make their wayes passable and good. it will be no sufficient excuse or plea for them to alledge they have fully performed their dayes-works appointed by the Statutes, but for those dayes thus charged above the [Page 164]statute, no man shall be pu­nished thereby for his neg­lect, but the whole Town­ship or that person in whom the defect of the wayes is found, shall by the common law be indicted and fined.

6. Sufficient at all times. These Officers are not onely to see that these wayes be made good and sufficient for the summer time, but that they be good and sufficient also for the winter season.

7. Where a township is not able. If a town or parish be not sufficient to repair their high-waies, the neighbouring towns that have frequent use of the said wayes shall aid and assist them with their helps; if they be insufficient, then the whole Hundred or Countie shall help them, because it is a publick good.

8. If the Kings high-waies be not passable, whereby the [Page 165]Kings subjects cannot with safety passe them, Where wayes are impassable. they may ride over mens corn to passe that way, and there lyeth no action of trespasse against such for so doing.

9. Money gi­ven to re­pair a way. Where any summe or summes of money is or shall be given for the making, mending or repairing of any High-way, Cawsie, or the like, and it be insufficient to do the same, that town with­in which the said way doth lye ought to help to mend and repair the same.

Three sorts of persons are chargeable by law to repair High-wayes.

1. Who are charged to mend the wayes. The inhabitants of towns in generall.

2. Those that by right or custome have alwayes done them.

3. Those that by new in­closures [Page 166]against the High-wayes straighten and annoy the same.

10. Inclosures against the wayes. Dun­comb's case. Every person which hath or shall make any in­closure next the Kings High-way adjoyning to his inclo­sure, and if one man hath in­closed on the one side, and another on the other side, both of them shall be char­ged to mend the same way: and he that hath land adjoy­ning next the Kings High-way by the common law (before these statutes) was bound of common right to cleanse and scoure the ditches adjoyning to the said way.

11. What a plow-land is. The Statute declareth not what a plow-land con­taineth: some hold that a plow-land, Carucata terrae, or a hide of land, which is all one, contains 120. acres; [Page 167]others say that a plow-land (meant by the statute) is not of any certain content, A carve of land, or a plow-land, may con­tain house, meadows, pasture, wood. but so much as a plow by course of husbandry can plow in a yeare, which is much more in some Countreys then in o­ther, which occasioneth ma­ny contentions and much prejudice to the service in the repair of the high-wayes, by reason that since this sta­tute most men strive to get much more land into their hands then in former times, Co. Lit. fol. 69. and do mannage with one plow almost double that quantity of land they then held, and many plow lands are so broken and divided, that they are lost, and yield no help to the maintenance of these wayes, besides the dayly ingrossing of farms w^ch decayeth the strength of the [Page 168]kingdome both in men and horse, diminisheth the Kings subsidies, the increase of corn and grain, hindereth hospita­lity, and the setting of poore men on work, oppresseth o­thers by the often revolution of offices, and lastly the visi­ble decay of the High-wayes in all places occasioned by the lessening the number of draughts and teams, there be­ing now scarce three parts of foure which were in former times; and therefore it were to be wished that a certain proportionable quantity of land might by agreement be assigned in every town accor­ding to the temper and dis­position of the soil, what number of acres should be accounted a Plow-land, by which means many questions and controversies dayly ari­sing [Page 169]may be appeased, the number of plow-lands in e­very Town encreased, and consequently the high-waies in all places bettered and a­mended.

12. Who are charged. He that occupieth a plow-land in pasture, &c. and keepeth no cart or team, and he that keepeth a team or cart, and hath no land in occupation, are both of them charged by the Statute to provide one wain or cart fur­nished, &c. and two able men with tools and instruments.

13. Carriages, Persons, Instru­ments. These supervisours are not onely to have respect to the number of the carriages and persons, but to the qua­lity and condition of them, and that they be sufficient and meet for the service; for now he that hath foure or five horses, and maketh of them [Page 170]for his own occasions but one teem or draught, for the ser­vice of the high-wayes divi­deth them into two, whereby this service is weakly perfor­med: but it is the duty of these officers to see that the King and the Countrey be no worse served then them­selves, and he that for his own private affairs doth usu­ally, or for the most part of the year make two draughts, shall also for the King and his Countreys service be char­ged with 2. carts or draughts, though he occupie his land sometime with one plow. So are they to have regard to the persons that are to work, both where, when, what, and how they shall work, and where and how they shall load and bestow their mate­rials; and if any shall do o­therwise [Page 171]then they shall be appointed by these officers, they are liable to be present­ed by them.

Hired ser­vant. Where it saith that no hi­red servant by the yeare shall be charged to this service, it is not intended that retainers to Noble men & gentlemen, parish clerks, common town­servants, as Shepherds, Heardmen, Haywards, and the like, that are inhabitants and of able bodies should hereby be discharged.

15. Sufficient labourer. By this word Suffici­ent-labourer is meant, men of able bodies, &c. not of wo­men and children, which are usually imployed in this ser­vice.

16. Lastly, Present­ment. whereas it is thought that if the Survey­ers shall not present the de­faults of the parishioners, till [Page 172]after the moneth, though the Justices do certifie it at the next Sessions, it is not good against the offender, yet if the Justice shall present the said default by his own au­thority, the delinquent shall not escape unpunished by the penalty of the Surveyer.

Surveyer refuse. And if any chosen to be Surveyers shall refuse or do not take upon him the execu­tion of the said office, every Justice of peace may present it; but yet it is fit that ano­ther be chosen in his stead.