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 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 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 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 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 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 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 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 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 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 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 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, 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 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 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 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, 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 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 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 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 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 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 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 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; 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 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 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 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 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, 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 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 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 wch 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. 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, 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 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 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 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 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 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 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 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 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 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 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 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, 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.