CHAP. I.

THE word Constable is derived or compounded of two old Saxon words, Cuninge, or Kininge, which signifieth King, and Stable signifying Stability; shewing that these ancient Of­ficers were reputed to be as the stability or stay of the King and Kingdom: Co. 4. [Page 2] Part. Inst. fol. 123. Lamb. Office of Const. 5. & Dalton's J. P. Chap. 16. fol. 46.

There are only two sorts of Consta­bles, of whose Office this Treatise ma­keth particular mention, and that is High Constables of Hundreds, and Petty Con­stables in Towns and Parishes.

Now by the opinion of sothe men, these High Constables were first or­dained to be chosen by the Statute of Winchester, and they were to make view of Armour twice every year, and to pre­sent before the Justices assigned defaults of Armour, Watches, High-ways, Hue and Cry; and also such as lodged Stran­gers for whom they would not answer. Lamb. 5. Rast all 379. C. D. 13. E. 1. C. 6. Dalton's J. P. Ch. 16. fol. 46.

And that the Petty Constables in Towns and Parishes, were after devised for the aid of the High Constables of Hundreds, about the beginning of the Reign of King Edward the Third. Lamb. Duty Const. pag. 9.

But others are of opinion, that the High Constables were Conservators of the Peace within their several Hun­dreds and Limits, by the ancient Com­mon Law. Crompt. 6. & 222. 12. H. 7. fol. 18.

[Page 3]And that whereas the Sheriffs of Counties at the first had the Govern­ment of their Counties committed to them, that afterwards by reason of the multitude of people, it being then too great a task for one man to undertake, thereupon Hundreds were deduced and derived out of the Counties, and in eve­ry one of them was ordained a Conser­vator of the Peace, who was called the High Constable; and after this Bur­roughs or Towns were made, and within every one of them also was ordained a Conservator of the Peace, who is called the Petty Constable: and this was long before the time of King Edward the Third, as appears by the derivation of the words, and that they were in the time of the Saxons, so that it may seem as well the High Constables, as the Petty Constables and their Authorities, were by the Common Law; and that the old Statutes concerning them, are but a Re­cital of the ancient Common Law, 12. H. 7. fol. 18. a. Dalton's J. P. Chap. 16. fol. 46.

Now there be other Officers of much like Authority to the Constables, as the Bursholders in Kent, the third Burrough [Page 4] in Warwickshire, and the Tythingman, Burroughhead, or Headburrough or Chief Pledge in other places; but yet the Office of a Constable is distinct and (as it seemeth) is of greater Authority than these other: for it is held by some that these Bursholders, Thirdburroughs, Tythingmen, &c. being in a Town or Parish where a Constable is, that in such case they cannot meddle, because the Constables be (in comparison of them) Head Officers, and that the others are but as Assistants to the Constables in all Services of his Office when the Consta­ble is present, and in his absence then these others are to attend the service; and that there are many other things which the Constables may do, and wherewith the Bursholders and the rest cannot meddle at all; and yet in Towns where there be no Constables, and that the Barsholders, Tythingmen, &c. be there the only Officers for the Peace, as also in such case where the Power or Au­thority of Bursholder, Tythingman, &c. is declared to be equal with the power of the Constable, in all such cases and things, their Office and Authority be in a manner all one. See 1. Jac. C. 7. Lamb. [Page 5] pag. 4, 6, 9, 51, 52, 53, 54, 55. Dalton's J. P. Chap. 1. fol. 3, 4.

Where any Statute doth appoint of­fenders to be punished by the Constable, or other inferiour Officer, in such case the Tythingman, Headburrough, &c. may do it, for they are supposed to be Inferiour Officers to the Constable. Dalton's J. P. Chap. 1. fol. 4.

Note that these Officers are to be at­tendant to Court Leets, Justices of the Peace, and Coroners, for the executing of their Warrants, within their several Precincts.

And now as to the choyce of these Constables, you shall understand that the Law requireth that every Constable be Idoneus homo, that is apt and fit for the execution of the said Office, and he is said in Law to be Idoneus, who is in­dued with these three things, honesty, knowledge, and Ability. Co. 8. Lib. Rep. fol. 41. in Grieslyes case there.

First, he ought to have honesty to execute his Office truly, without ma­lice, affection or partiality. Secondly, Knowledge to understand what he ought to do. And lastly, Ability as well in sub­stance or estate, as also in body, that so [Page 6] he may attend and execute his Office di­ligently, and not, through impotency of body or want, to neglect the place; for Constables chosen out of the meaner [...]ort, they are either ignorant what to do, or dare not do what they should, or are not able to spare the time to execute the Office: they ought therefore to be of the ablest sort of men, and are not to be chosen either by House or other Cu­stom, if they be not fit persons for the office. Co. 8. Lib. Rep. fol. 41.

And if any one shall be chosen Con­stable, which is not thus qualified and inabled, he may by Law be discharged of his said office, and another fit man may be appointed in his place. Co. 8. Lib. Rep. fol. 42.

Clergy-men, Justices of the Peace, Lawyers, Physicians, Attorneys, Women whether Maids, or Widows, Mad-men, Infants, old, sick, decrepid persons, nor poor people, are not to be chosen to the office of Constable.

And note, that a man is to serve this Office in respect of his personal abode and place of Resiancy, and not in respect of his Land in another place, for if he have Lands in one place, and keep house [Page 7] in another place, he must serve where he lives, and not where his Lands lie.

A custom in a Parish or Town, that the Office of Constable shall go by the house is not good; for if a woman have an house there, she is eligible, which is against Law; but a custom that every man, sufficient in the place, shall serve the office himself, or find a sufficient man to serve it, may be good. Cro. 1. Part. Rep. fol. 283.

A Leet choosing unable or unfit Con­stables is cause of forfeiture of the Leet, and such choyce is void; and two Justices of Peace, upon complaint to them made, may remove such a Consta­ble, and choose and swear a new one. Dalt. J. P. Chap. 16. fol. 47. Steel's Rep. fol. 71. Mich. 22. Car. 1. B. R. Bolstred's 1. Part. Rep. fol. 174.

The High Constables are most usually chosen at the Quarter Sessions of the Peace for that County, and are either to be sworn there, or else by warrant from the Sessions to be sworn elsewhere; and if it happen that they be chosen out of the Sessions, then ought they to be chosen by the greater number of the Justices of that Division where they [Page 8] dwell, Lamb. 190. 13. E. 1. Stat. Winch. Dalt. J. P. Chap. 16. fol. 46.

And in such manner as they are to be chosen, in the same manner, and by the like Authority are they to be removed; for eodem modo quo quid constituitur, dissol­vitur.

By the Stat. of the 34. H. 8. Two Justices of the Peace, the one being of the Quorum, may appoint the High Con­stables in Wales. 34. H. 8 Cap. 26.

Now for the Swearing and choosing of petty Constables, it properly belongs to the Court Leet, but in ancient time they were yearly appointed by the She­riffs in their turn, and were their sworn and received their Oath, and so they may be still. Bacons use of the Law, pag. 5, 6. Dalt. J. P. Ch. 16. fol. 47. & Chap. 121. fol. 366.

And now by the Stat. 14. Car. 2. It is pro­vided that if any Constable of a Parish dye, or remove, that any two Justices may make and swear a new one, to con­tinue till the next Leet or Quarter Sessi­ons, and then the Steward of, or in the Leet or Justices at the Sessions are to swear another, or to approve of him that is chosen; and if any such Officer [Page 9] shall continue in his place above a year, the Justices at their Quarter Sessions may discharge him, and put another in his place, till the Lord of the Leet shall keep his Court and place in another. 14. Car. 2. Chap. 12.

Constables lawfully chosen, if they shall refuse to be sworn, the Justices of Peace may bind them over to the Assizes, or Sessions of the Peace. Dalt. J. P. Chap. 16. fol. 47. vide Crawlyes Case. Cro. 1. Part. fol. 409.

A Constable of an Hundred, or Parish, may not make a Deputy to execute his Office, as some hold opinion, but a De­puty may do under him many parts of his Office in his Name, so still as the Constable must answer for it. Bolstreds 3. Part. Rep. fol. 77, 78.

If any Action be brought against a Justice of Peace, Maior, or Bailiff of a Corporation, Headburrough, Port-Reeve, Constable, Tythingman, Col­lector of Subsidies or Fifteens, Church­wardens, Sworn-men, Overseers of the Poor, or their Assistants, for any thing done by reason of their several Offices, they may plead the general issue, and give the special matter in Evidence. [Page 10] 7. Jac. Cap. 5. 21. Jac. Cap. 12. Wingate Abr. St. Title Evidence.

And all Actions, brought against such Officers, must be laid in the County where the fact was done, and in case where the verdict passes for the Defen­dant, or the Plaintiff is Non-Suit, or discontinues his suit, these Officers shall be allowed double costs, to be recovered as other Defendants recover their costs. 7. Jac. C. 5. 21. Jac. C. 12. Wingate Abr. Stat. Tit. Evidence.

CHAP. II.

IF any man shall make an Affray or Assault upon another, in the presence of the Constable, or if any man in his presence shall threaten to kill, beat or [Page 13] hurt another, or shall be in a fury ready to break the Peace; in every of these cases the Constable may commit the of­fenders to the Stocks, or to some other safe custody for the present (as the qua­lity of the person requireth) until such time as he can carry them before some Justice of the Peace, or to the Gaol, un­till they shall find Sureties for the Peace; which Surety the Constable himself may also take by an Obligation to be sealed and delivered to the Kings use: and so was the opinion of Walmesty, Owen, and Beamond, in the Argument of Skarretts Case, Tr. 35. El. Co. Ban. Rot. 1458. but my Lord Anderson said, that the Consta­ble ought to carry the parties that he should see breaking the Peace, before a Justice to find Sureties for the Peace; and at this day this is the most usual and safest way, vide 3. H. 4. 9. & 10. Bacons use of the Law, fol. 5. Dalton's J. P. Chap. 1. fol. 4, 5. & Chap. 118. fol. 340. Kit­chins Court-Leet, &c. fol. 69. a 22. E. 4. fol. 35.

In case where the Constable had taken such an Obligation to the use of the King, he was to send it into the Exche­quer, or Chancery, from whence pro­cess [Page 14] should be awarded to levy the debt, if the Peace were broken. Dalton's J. P. Ch. 1. fol. 5. Bacons Ʋse of the Law. 5.

The Constable in the Kings Name ought to command Affrayers, or such as are about to make an affray, to avoid or surcease, and to depart on pain of Impri­sonment; and if the Constable being present at an Affray, doth not his best endeavour to part them, it being pre­sented by the Enquest at the Sessions of the Peace, such Constable may be fined for it. Dalt. J. P. Ch. 8. fol. 33.

If any person be dangerously hurt in an Affray, the Constable (or any other person) may arrest the offender, and carry him to a Justice of Peace, who is either to Bayl him till the next Gaol De­livery, or to commit him to the Gaol until it be known whether the party hurt will live or dye thereof. Bro. faux. Impr. 35, 44. 3. H. 7. 1. 10. H. 7. 20. Lamb. 136. 38. E. 3. 8. & 11. Dalt. J. P. Ch. 8. fol. 33. Kitchin, fol. 68.

If the Affrayers will not depart, but shall draw weapons, or give any blow, the Constable may command assistance of others for the pacifying of the Affray, and may justifie the beating or wound­ing [Page 15] of them, if they make resistance; and if either the Constable, or any in his As­sistance be slain, it is Murder in the Af­frayers, Lamb. 135. 1. H. 7. 7. 3. H. 7. 10. Co. 4. Lib. Rep. fol. 4. & Co. 9. Lib. Rep. fol. 66.

The Constable (if the Affray be great or dangerous) may in the Kings Name make Proclamation that the Affrayers shall keep the Kings Peace, and depart, &c. And if the Affray be in an house, and the doors shut, the Constable may break into the house to see the peace kept, though none of the parties have taken any hurt; and if the Affrayers fly into another mans house, the Constable upon fresh pursuit may break into such house, and apprehend the Affrayers. Dal. J. P. Ch. 8. fol. 34. 33. Lamb. 135. 7. E. 3. 19.

And where the Affrayers flie into another County, the Constable seeing this, may freshly pursue, or cause them to be pursued, and to be taken there: but then in such case the Constable can med­dle no further (but as every private man may do) to carry them before some Justice of Peace of the County where they are taken, to cause them to [Page 16] find Sureties for the Peace. Crompt. 146. b. & 172. b. Dalt. Ch. 8. fol. 34. & Ch. 118. fol. 340. Plo. 37.

But in case where the Affrayers fly into a Franchize only within the same County where the affray was, there the Constable, seeing this, may freshly fol­low and take them out of such Fran­chize. Crom. 146. Dalt. J. P. Ch. 8. fol. 34.

Note that after the Affray be over, the Constable without a Warrant cannot Ar­rest the Affrayers, except some person be in peril of death by some hurt there received; but before the affray begun, and during the time thereof, he may Arrest them without Warrant: 38. H. 8. Bro. faux. Impr. 6. Dalt. J. P. Ch. 8. fol., 34. Kitchin 69. b.

Where the affray is made out of the presence or sight of the Constable, and one cometh to the Constable and telleth him of it, and wisheth him to go and see the Peace kept, and the Constable will not, in such case it is held by some that the Constable shall not be fined by the Justices at their Sessions upon present­ment thereof by the grand Enquest; but quare hereof for it is against, his [Page 17] Oath if he do not see the Peace kept. Cromp. 146. Dalt. J. P. Ch. 8. fol. 33.

Note that it is properly no Affray, unless there be some weapons drawn, or some stroke given or offered to be given, or other attempt to such purpose: for if men shall contend only in hot words this is no af­fray, neither may the Constable, for words only, lay hands upon them, unless they shall threaten to kill, beat, or hurt one another, and then may the Constable arrest such Persons, and carry them before a Justice of Peace, to find Sureties for the keeping of the Peace; and yet such threatning, as a­foresaid, is no Affray. Bro. faux. Impr. 6. Cromp. 135. Dalt. J. P. ch. 8. fo. 34. & 158.

If an affray or an assault be made upon the Constable upon himself, he may not only defend himself, but also put the parties offending in the Stocks, till such time as he can carry them to a Justice of Peace, or to the Gaol; and if he be not able to arrest them him­himself, he may then call others to his assistance, who may justifie to ar­rest the parties. 5. H. 7. 6. Bro. fx. Imp. [Page 18] 41. 3. H. 4. fol. 10. & Dalt. J. P. Ch. 8. fol. 35. Kitchin pag. 69. a.

CHAP. III.

IF the Constables and Churchwardens upon a Warrant directed to them from one or more Justices of the Peace, against an Innkeeper, Alehousekeeper, or Victualler, for suffering Tipling in his house, or for his measure of Ale and Beer, do not distrein and levy the for­feitures according to the Statute; that is 20. s. for selling less than a full Ale­quart of the best Ale or Beer, or two quarts of the Small for one peny, and 10 s. for Tipling in his house; or if there be no distress to be found, if the Officers neglect by the space of twenty days to certifie the same default of di­stress to the Justices, in any of these cases the Officers forfeit forty shillings to the use of the Poor, to be levied by distress on their Goods by Warrant made to any indifferent person, from any one or moe Justices of the Peace under their Hand [Page 19] and Seal, and for want of Distress, the Delinquents by any such Justice of the Peace may be committed to the Gaol, there to remain until they have paid the same forfeitures; but note the distresses in all these cases must be kept six days, and if the parties do not within that time pay the forfeitures, then the distress is to be apprized and sold, and the overplus returned to the owners. Wingate Abr. Stat. Title Alehouses, &c. 1. Jac. Ch. 9. 1. Car. 1. Ch. 4. Dalton's J. P. Chap. 7. fol. 28. Young's Vade Mecum, Sect. 1, 2, 3.

And if the Constable, or other infe­rious Officer of the Parish, shall neglect to execute the Justice Warrant against Townsmen, or others, for Tipling in any Inn, Alehouse, or Victualling house, or against men for being drunk, that is 3 s. 4 d. for Tipling, and 5 s. for being drunk, to be levied by distress on the offenders Goods, and sale thereof after six days default of payment, rendring the overplus to the owner, and for want of distress, and not being able to pay, the Tipler is to be set in the Stocks for the space of four hours, and the Drunk­ard six hours; and if in any of these cases [Page 20] the Constable neglect to do his duty, he forfeits ten shillings to the use of the Poor, to be levyed upon his Goods by distress and sale as aforesaid; these of­fences are to be inquired of within six months after they are committed: And all Constables, Churchwardens, Head­burroughs, Tythingmen, Alecunners, and Sidemen, may be charged on their Oaths to present the said Offences 4. Jac. Ch. 5. 21. Jac. ch. 7. Young's Vade Mecum, Sect. 4, 5. Dalt. J. P. Chap. 7. fol. 28. Wingates Abr. Stat. Title, Alehouses, &c.

If any keep an Alehouse without Li­cence, he forfeits Twenty shillings to the use of the Poor, which the Consta­ble and Churchwardens (upon Warrant from the Justice before whom the of­fence is proved) shall levy by distress upon the Offenders Goods, and for de­fault of payment within three days after the said distress taken, then the same is to be sold for to satisfie the penalty, rendring the overplus to the owner; and in case the Delinquent hath not wherewithal to satisfie, the said Justice may commit him to the Constable to be openly whipped, and if the Constable neglect to execute the Warrant, or do [Page 21] refuse, or do not execute upon the said Offender the punishment of whipping, then the Justice may commit the Con­stable to the Gaol without Bail, there to remain until the said offender shall be by him punished as aforesaid▪ or until the Constable shall pay 40 s. to the use of the Poor of the Parish. 3. Cap. Chap. 3. Wingate Alr. Stat. Tit. Alehouses, &c. Dalton's J. P. Ch. 7. fol. 31, 32.

If a common Innkeeper or Alehouse­keeper will not lodge a Traveller, he proferring to pay ready money for his Victuals, then in such case the Consta­ble may cause such Innkeeper, Alehouse­keeper, &c. to be Indicted at the Sessi­ons or Assizes, where he may be fined and imprisoned, or the party grieved may have his Action of the case against the Innkeeper or Alehousekeeper; but note, they are not bound to lodge or find Victuals without ready mony first paid, if it be required. Co. 9. Lib. Rep. fol. 87. b. 10. H. 7, 8. 4. H. 7. 22. 5. E. 4. 2. Dalton's J. P. Ch. 7. fol. 28.

CHAP. IV.

IF any person shall ride or go armed offensively before the Kings Justices, or before any other the Kings Officers or Ministers during their Office, or in Fairs or Markets or elsewhere by Night or by Day in Affray of the Kings People, and breach of the Peace, or wear or car­ry any Guns, Daggers, or Pistols char­ged; in such case, the Constable upon the sight hereof may seiz and take away their Armour and other weapons, and cause them to be apprized and answered to the King as forfeited, and carry them before a Justice to find Sureties for the Peace. 2. E. 3. Ch. 3. 7. R. 2. 13. 20. R. 2. Ch. 1. 14. E, 3. fol. 33. Co. 3. Part. Inst. fol. 162. Dalt. J. P. Ch. 9 fol. 35. & 159.

But note the Kings Servants in his presence, Sheriffs and their Officers and other the Kings Ministers, and such as be in their Companies assisting them in the execution of their Office, and all others in pursuing Hue and Cry, where any Felony or other offences a [...]ainst the [Page 23] Peace be done, may lawfully bear Ar­mour or Weapons, 2. E. 3. Chap. 3. Co. 5. Lib. Rep. fol. 72. in St. John's Case, 3. H. 7. fol. 1. Dalt. J. P. Ch. 9. fol. 36.

All High Constables, Petty Consta­bles and other Officers within their se­veral Parishes are to be aiding and as­sisting to such persons as shall have war­rant from the Lord Lieutenants or any two of their Deputies under their Hands and Seals, to search for and seiz all Arms in the custody and possession of any per­son or persons whom the said Lieute­nants or their Deputies shall judge to be dangerous to the Peace of the King­dom, and to secure the same, and give account thereof to the said Officers; but such search is to be made in the day time only between Sun rise and Sun set, and not otherwise, unless it be in Ci­ties and their Suburbs, Towns Corpo­rate, and Market Towns, or houses with­in the Bills of Mortality, in which places search may be in the night, if the Warrant so direct; no dwelling house of any Peer of the Realm is to be search­ed, unless the Warrant be from the Kings Majesty under his Sign-Manual, or in the presence of the Lieutenant, [Page 24] or one of the Deputy Lieutenants of the said County or Riding, and in all places and houses aforesaid, where search is made, in case of Resistance to enter with force; and such Arms so seized, where the Lieutenants or their Deputies, or any two of them think, may be restored to the owners again. 14. Car. 2. Chap. 3.

CHAP. V.

THe Constables upon Warrant to them directed from the Justices of Peace, or cheif Officers of the Cities, Towns Corporate, &c. are to search within their respective Counties, Cities, Towns, &c. in the Shops being open Ware-houses and dwelling house of such person or persons, who shall be suspect­ed to have any Forein Bone Laces, Cut­works, Imbroideries, Fringes, Band­strings, Buttons, or Needleworks made of Thred, Silk, or any or either of them, made in the parts beyond the Seas, and where they find any such [Page 25] to seize the same. 14. Car. 2. Chap. 13.

CHAP. VI.

IF any great Cattel, Sheep, or Swine, or any Beef, Pork, or Bacon (except such as is for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale) shall by any wise whatsoever be import­ed or brought from Ireland, or any other part beyond the Seas into the Kingdom of England, Dominion of Wales, of Town of Barwick upon Tweed; in such case the Constable, Tythingman, Headbur­rough, Churchwardens or Overseers of the Poor, or any of them within their respective Liberties, Parishes, or places, may take and seiz the same, and keep the same during the space of eight and forty hours, in some publick or con­venient place where such seizure shall be made, within which time, if the owner or owners, or any for him or [Page 26] them shall make it appear unto some Justice of Peace of the same County where the same shall be so seized, by the Oath of two credible witnesses that the same were not imported from Ireland, or from any other place beyond the Seas, (except the Isle of Man) then the same, upon the Warrant of such Ju­stice of Peace, are to be delivered to the owner or owners without delay. 18. Car. 2. Ch. 2.

But in default of such proof and Warrant, then the same to be forfeited, and one half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found and seized: and the other half thereof to his or their own use that shall so seiz the same. 18. Car. 2. Ch. 2.

Such Cattel as are Imported from the Isle of Man, (before excepted) into England, &c. are not to exceed the number of six hundred in one year, and they are to be of no other breed than of the breed of the Isle of Man, and all to be landed at the Port of Chester, or some of the members there­of, and not elsewhere, and this Act continues for seven years, and from [Page 27] thence to the end of the first Session of the next Parliament. 18. Car. 2. Ch. 2.

CHAP. VII.

THe High Constables and Petty Constables Duties about Chimney money by the 14. Car. 2. Ch. 10. and the 15. Car. 2. Ch. 13. is now much altered, and particular Officers appointed for that purpose. 16. Car. 2. Ch. 3.

All Justices of Peace, Chief Magi­strates, Treasurers, and Under-Trea­surers, Constables and other his Maje­sties Officers are within their several Limits and Jurisdictions to be aiding and assisting to his Majesties Officers ap­pointed for the collecting of the duty of Hearth-money. 16. Car. 2. Ch. 3.

The Officers appointed by his Maje­sty for the Chimney money, once every year, being accompanied with the Con­stable, or Tythingman, Treasurer, or Under Treasurer, or other publick Of­ficer of the place, and in all Parishes and places where there are no Constables, [Page 28] Tythingmen or other publick Officers as aforesaid, there without any such assi­stance, may enter in the day time into any dwelling or other house, Edifice, Lodg­ings and Chambers in any of the Inns of Court, or Chancery, Colledges, and other Societies, to search and examine whether there be any more Fire-hearths and Stoves in the same, then were for­merly returned or certified, and what are increased and decreased since the last Certificate, and if they find any va­riance in the number returned, both the Officer and Officers appointed by his Majesty, and the Constable or Tything­man, or other Officer aforesaid, are to certifie the same under his and their hands to the Clerk of the Peace, &c. 16. Car. 2. Ch. 3.

If the party, after Demand made by his Majesties Officers, or their Depu­ties at the house, chamber or place where the duty shall arise or grow due, make default or refuse to pay by the space of one hour after such demand, then the Officer or his Deputy may at any time with the assistance of the Con­stable, Tythingman, or other Officer as aforesaid, in the day time levy the said [Page 29] duty and all the Arrearages thereof, by distress and sale of the Goods of the party or parties so refusing or making default, rendering the overplus to the owners, over and above the duty and Ar­rearages, and necessary charges of taking the Distress; which Charges arenot to exceed one Moiety of the Duty and Ar­rearages. 16. Car. 2. Ch. 3.

Note that no Arrearages of Hearth­money are to be distreyned for after the space of two years next after such duty becomes due: and if any violence, op­position, or injury be done by any per­son or persons to any of his Majesties Of­ficers or their Deputies in the due execu­tion of their Office, and the same proved by Oath before any one Justice of the Peace, or chief Magistrate, &c. such Ju­stice or chief Magistrate, &c. if they think fit, may send the offender to the Common Gaol for any time not exceed­ing one month. 16. Car. 2. Ch. 3.

The Constables are to have two pence in the pound paid them by the Collector to whom they pay the Chimney mony by them collected within their Constable­ries, and are to pay nothing to the Col­lectors for their Aquittances, 16. Car. 2. Ch. 3.

CHAP. VIII.

IF any Constable, Headborough, or Tythingman, neglect to execute the Warrants to them directed for Seque­string, Distraining and Selling the Estate or Goods of any Seditious Conventicu­ler to be Transported: or neglect to distrain and sell the Goods and Chat­tels of such offender for the levying of such sums of money as shall be imposed on them for the first and second offence; in such cases the Officer for his neglect shall forfeit five pounds, the one moiety to the King, and the other to him that sues for the same in any of the Kings Courts of Records. 16 Car. 2. Ch. 4.

Note, if any person be any time su­ed for putting in execution any of the powers in the Act against Conventi­cles, such person shall and may plead the general issue, and give the special matter in Evidence; and if the Plain­tiff be Non-suit, or a verdict pass for the Defendant, or if the Plaintiff dis­continue his Action, or if upon Demur­rer [Page 31] Judgment be given for the Defen­dant, every such Defendant shall have his or their trebble costs. 16. Car. 2.▪ Ch. 4.

CHAP. IX.

THe Constables and other Officers, upon Request to them made, are to be aiding and assisting to the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs, called Norwich Stuffs, made within the City of Norwich and County of Norfolk, 14. Car. 2. Ch. 5.

The Constables also within the West-Riding of the County of York, are upon Warrant from the Justices of Peace, Masters and Wardens of the Corporati­on of Clothiers within the said Riding, or any Thirteen of them to levy such Fines, Forfeitures and Penalties as shall grow due from any Clothier, by vertue of the Act of the 14. Car. 2. by di­stress and sale of the Offenders Goods rendring the overplus to the owner [Page 32] upon Demand. 14. Car. 2. Chap. 31.

The makers of Cloth must pay to their Carders, Spinners, and other La­bourers their wages in ready money, and not in Wares, and shall deliver them Wool according to due weight on pain to forfeit six pence for every de­fault; and the Carders, Spinners, Wea­vers, Fullers, Dyers, Shearmen, and o­other Labourers are to do their work faithfully in pain, to forfeit double dam­ages to the party grieved. 4. E. 4. Ch. 1. Fitz. J. P. 203. & Wingate's Abr. Stat, Tit. Draperie.

And every Justice of Peace, High Constable, or Steward of Leet, out of a Corporation, and in a Corporation eve­ry head Officer where no Master is, and every Master shall hear and determine the complaints of every such Clothier or Draper, as well for non-payment of the Labourers wages, as the damages aforesaid, by due examination of the parties, for which said damages they have power to commit the offenders to the Gaol until the party grieved shall be satisfied. 4. E. 4. Ch. 1. Wingate's Abr. St. Tit. Draperie.

The High Constables also, or Justices [Page 33] of the Peace, have power to enter into any House, Lands, or other place, to search for any Tenters, Ropes, Rings, Headwrinches, or other Engines, for stretching of Cloth, and if they find any to deface them; and if the owners shall afterwards use them again, then these Officers may take and sell them, and give the mony to the poor. 39. El. Ch. 20. Win­gates Abr. Stat. Tit. Draperie.

CHAP. X.

WHere a Warrant comes from my Lord Treasurer, or any of the Barons of the Exchequer, or chief Ma­gistrate of a Port, to any person for the search of uncustomed Goods, such per­son with the assistance of a Sheriff, Justice of Peace or Constable, who are to be aid­ing and assisting upon request, may en­ter into any house in the day time, where such Goods are suspected to be concealed, and in case of Resistance, may break open such houses, and seize and secure the same Goods so con­cealed [Page 34] in any house, 12. Car. 2. Ch. 19.

No house is to be entered by vertue of the Act aforesaid, unless it be within the space of one month after the offence supposed to be committed; and if the Information, whereupon any house shall come to be searched, do prove to be false, then in such case the party injured shall recover his full damages and costs against the Informer, by Action of Tres­pass to be brought against such Informer, 12. Car. 2. Ch. 19.

And by the 14. Car. 2. such person or persons as are authorized by Writ of Assistance, under the Seal of his Maje­sties Court of Exchequer, are to take a Constable, Headborough, or other pub­lick Officer inhabiting near the place, and in the day time are to enter and go into any House, Shop, Sellar, Ware­house, Room, or other place, and in case of Resistance break open the Doors, Chests, Trunks, and other package there to seiz, and from thence to bring any kind of Goods or Merchandize whatso­ever, prohibited and uncustomed, and to put and secure the same in his Ma­jesties Store-house in the Port next to such place where the seizure [Page 35] shall be made. 14. Car. 2. Chap. 11.

All Officers belonging to the Admi­ralty, Captains, and Commanders of Ships, Forts, Castles and Blockhouses, and all Justices of Peace, Maiors, She­riffs, Constables and Headburroughs, and other the Kings Majesties Officers and Subjects whatsoever, whom it may concern, are to be aiding and assisting to all and every person and persons which are or shall be appointed by his Majesty to mannage his Customs: and if the Of­ficers of the Customs, or any acting in aid of them, shall be sued, indi­cted, prosecuted or molested, such persons, their Heirs, Executors, and Ad­ministrators, may plead the General Is­sue, and give the several Acts relating to the Customs, or any of them in Evi­dence, in any of his Majesties Courts of Justice. 14. Car. 2. Ch. 11.

CHAP. XI.

EVery Constable, or Headborough, (upon a Warrant under the hands of two or more Justices of the Peace) hath power to search the houses of per­sons suspected to have any Setting Dogs, or any manner of Nets, for taking of Feasants or Partridges, and the Dogs and Nets there found, to take, carry a­way, detain, kill, destroy, and cut in pieces. Dalt. J. P. Ch. 37. fo. 90. 7. Jac. Ch. 11.

But note, that they cannot search the houses of such as have Free Warren, or are Lords of any Mannor, or have Free­hold of Forty pounds by year or more, of some Estate of Inheritance, or Eighty pounds by the year for Term of Life, or be worth in Goods Four hundred pounds, for these may keep Nets or Doggs to take Feasants or Partridges in their own grounds or Precincts. 7. Jac. Ch. 11. Dalt. J. P. Ch. 37. fo. 90.

CHAP. XII.

IF a Constable, or any other, which hath a Prisoner under Arrest for Fe­lony, or Suspicion thereof, voluntarily letteth or suffereth the Prisoner to go where he will at liberty (though this be breaking of Prison) yet it is Felony in the Gaoler, Constable, or him that let­eth such prisoner escape, but it is no Felony in the prisoner; but if such a prisoner shall escape by the negligence of his Keeper, and against his will and knowledge, then it is Felony in the the Prisoner, because a breach of Pri­son, and the Gaoler, Constable, &c. may be Fined by the Judges or Justices for such escape. Bro. Coron. 112. 224. 316. 454 & Bro. Escape 31. Stamford fo. 32. 44. Ass. Pl. 18. Dyer fo. 99. Dalt. J. P. Ch. 106. fo. 272.

If the Constable, or other Officer, shall voluntarily suffer a Thief, being in his custody, to go into the water and drown himself, this Escape is Felony in [Page 38] the Constable, and the drowning makes the Theif Felo de se; but if the Thief shall suddenly (without the assent of the Constable) kill, hang, or drown himself, this is then but a neg­ligent Escape in the Constable, and Fine­able as aforesaid. Dalt. J. P. Ch. 106. fo. 272.

The voluntary letting a Felon to escape before he be arrested for the felony is no Felony in the party that suffereth him to escape; but if the Constable suffer one to escape when he knows he hath com­mitted a Felony; in such case he may be indicted and fined for suffering the escape; and quaere if it do not make him Accessary to the Felony. 9. H. 4. 1. Stam. 32. Bro. Escape. 43. Dalt. J. P. Ch. 106. fo. 272.

If a man be Arrested for suspicion of Felony by the Constable, or other per­son, and after they shall have Intelli­gence that there is no such Felony committed, here they may set the party Arrested at Liberty again, and they shall not be charged with the Escape; for there can be no Felon, where there is no Felo­ny committed. 13. H. 7. 7. & Cromp 40. Dalt. J. P. Ch. 106. fo. 275.

[Page 39]But if a Felony be committed in Deed, and one is Arrested for the same, or for Suspicion thereof; though the Consta­ble or other person that made the Ar­rest, shall after have certain Intelligence and knowledge that the Party Arrested is not guilty of the offence, yet they may not set the party at liberty, for he must not now be delivered by any mans discretion, but by due course of Law; otherwise it will prove a voluntary E­scape, and so Felony, or at least Finable. Cromp. 40. 44. Ass, 12. Dalt. J. P. Ch. 106. fo. 275.

In all cases of misdemeanour, where a private person hath Authority to Ar­rest any for any offence, it is requisite for him to carry and deliver the Pri­soner to the Constable, or some other Officer. vide 20. E. 4. 6. Dalt. J. P. Ch. 118. fo. 338.

But in case where a Justice of Peace, Constable or other Officer comes to a Felon to arrest and take him, and he per­ceiving, flies into another County be­fore he can be taken, in such case the Fe­lon shall be carried before some Justice of Peace of that County where he is taken, and must be committed to the [Page 40] Gaol of that County, although the Fe­lony were committed in another County. Bro. faux. Impr. 25. 11. E. 4. fo. 5. a. Dalt. J. P. Ch. 118. fo. 340.

If a man be Arrested for Felony, and the Constable carry him to the Gaol, and the Gaoler will not receive him, then the Constable must bring him back to the Town where he was taken, and that Town shall be charged with the keeping of him until the next Gaol De­livery, by the opinion of the Book. 10. H. 4. or the Constable may in such case keep the Prisoner in his own house, as it hath been held by some. See 11. E. 4. Bro. faux. Impr. 25. in fine. Dalt. J. P. Ch. 118. fol. 340, 341.

But in such case where the Gaoler re­fuses to receive a Prisoner as above said, or takes any thing for receiving him, up­on Information thereof to the Justices of the Gaol Delivery, they will punish him for his offence. 4. E. 3. C. 10. Poul­ton Prison 6. Dalt. J. P. Ch. 118. fo. 341.

The Constable, or other Officer, that shall Imprison in the Stocks any Felon, may lock the Stocks, and if need be, may also put Irons on the Prisoner, and when he conveyeth him to the Gaol, [Page 41] or to the Justice, he may pinion him, or otherwise make him sure, so that he cannot escape. Dalt. J. P. Ch. 118. fol. 342.

CHAP. XIII.

THose Officers under the Commis­sioners of Excise, called Gagers, are to have the Constable along with them, when they enter by night into the Houses of any Brewer, Innkeeper, Victualler, &c. to Gage their Coppers, Fats, or Vessels, or to take an Account of their Beer, Ale, Worts, Perry, Syder, Strong-Waters, Metheglin, Mead, Cof­fee, Chockolet, Sherbet or Tea, brew­ed, made or distilled in the said Houses, 12. Car. 2. Ch. 23, 24.

Such persons as shall be convicted be­fore the Justices of Peace, or Commis­sioners of Excise, of any offence and Forfeiture within the Acts for Excise; The Constables, upon Warrant to them directed from the Justices of Peace, are to levy the penalties upon the goods of [Page 42] the offenders by distress and sale there­of, rendring the overplus to the owners, and for want of distress, they are to car­ry the party to the Gaol, there to re­main till satisfaction be made. 12. Car. 2. Ch. 23, 24.

The Constables are also upon War­rant to them directed to Summon all Alehousekeepers, &c. to appear before the Commissioners of Excise at such days and places as shall be appointed in the said Warrants from time to time.

CHAP. XIV.

THe Constables and Churchwar­dens, by Warrant from any one or more Justices of the Peace (where any offence is committed in destroy­ing the spawn and breed of Fish, along the Sea-shoar, or in any Haven or Creek, or within five miles of the mouth of any Haven or Creek, by Fishing with Nets of less Mesh then three Inches and an half between knot and knot) are to levy the penalty by [Page 43] distress and sale of the Offenders Goods, rendring the overplus to the owners; the penalty is Ten shillings and for­feiture of their Nets. 3. Jac. C. 12. Wingate's Abr. Stat. Tit. Fish. Fishers and Fishing.

If any Ling, Herring, Codd, or Pilchard, Fresh or Salt, dried or bloat­ed, or any Salmons, Eels or Congers, taken by Foreiners, Aliens to the King­dom of England, shall be imported, utter­ed, sold, or exposed to sale in this King­dome, in such case the Constable, Head­borough, &c. or any other person may take and seize the same, and one half thereof must go to the use of the Poor of the Parish where the same is so found and seized, and the other half to the use of the party that seizes the same. 18. Car. 2. Ch. 2.

CHAP. XV.

IF a Constable, or any private person of the same County do refuse to at­tend [Page 44] and assist the Justices of Peace, up­on request to remove a Force, or to convey the parties to the Gaol, he may be imprisoned for his neglect, and make Fine to the King. 15. R. 2. Ch. 2. Dalton's J. P. Ch. 22. fo. 57.

CHAP. XVI.

ALl such lewd persons as are con­victed before a Justice of Peace for taking away any Corn growing, Robbing of Orchards, breaking Hedges, &c. and their procurers and receivers knowing the same, i [...] they canno [...] ▪ give the Parties grieved such satisfaction as the Justice shall think fit, then the Ju­stice may commit him to the Constable to be whipped for the first offence, and the like pain for the second offence. And if the Constable, or other inferi­our Officer, do not by himself, or some other see the same be done accordingly, then the Justice may commit such Of­ficer to the Gaol, there to remain with­out [Page 45] Bail, until the said offender be by the said Constable, or some other by his procurement, whipped as aforesaid, and this is by the 43. El. Ch. 7.

But now by the 15. Car. 2. every Con­stable, Headborough, or other person in every County, City, Town-Corpo­rate, or other place, where they shall be, Officers and Inhabitants, have power to apprehend, or cause to be appre­hended such persons as they suspect, for having or carrying, or any wise con­veying any Burthen or Bundles of any kind of Wood, Underwood, Poles, or young Trees, or Bark or Bast of any Trees, or any Gates, Styles, Posts, Pales, Rales, or Hedgwood, Broom or Furze; and any Constable, Headborough, &c. by Warrant under the hand and Seal of one Justice, &c. may enter into the Houses, Outhouses, Yards, Gardens or other places belonging to the Houses of such persons as they shall suspect to have any Woods, underwoods, &c. and wheresoever they shall find any, such to apprehend, or cause to be appre­hended the person suspected for cut­ting the same, and those also in whose houses or other places belonging to [Page 46] them any such Wood, Underwood, &c. shall be found to carry before some Ju­stice of Peace of the County, City, &c. and if the party cannot give a good ac­count to the Justice how he came by the same Wood, &c. by the consent of the owner, such as to satisfie the Justice, or shall not within such time as the Justice appoints produce the party of whom he bought it, or some other credible wit­ness to depose upon Oath such sale of the said Wood, &c. then such person shall be deemed convicted of the cutting and spoiling Wood, &c. within the meaning of the Statute of 43. Eliz. afore­said; and for the first offence, if they do not give the owner such satisfaction, and within such time as the Justice shall appoint, and pay over and above down presently to the use of the Poor of the place where the offence is committed such a sum of money as the Justice shall appoint, not exceeding ten shillings, then the Justice may commit the party offending to the House of Correction for so long time, not exceeding one Month, as he shall think meet, or other­wise to be whipped by the Constable or other Officer; and if such person offend [Page 47] again, and be convicted as before, then he must be sent to the House of Corre­ction for one month, and there held to hard labour; and if he offend the third time, and be convicted, then he must be used as an incorrigible Rogue. 15. Car. 2. Ch. 2.

And if any person buy any burthens of Wood, Poles, Sticks, Underwood, &c. of any who may justly be suspected to have stoln, or unlawfully come by the same; then upon complaint to a Justice of Peace, Head Officer, &c. if upon ex­amination by Oath, &c. he find that the same were bought of such person as a­foresaid, then the Justice may order the party that bought the same to pay the Trebble value of the Wood, &c. to the party from whom they were stoln or unlawfully taken; and in default of pre­sent payment, the Justice may issue out his Warrant to the Constable to levy the same by distress and sale of the offen­ders Goods, rendring the overplus to the owner, and for lack of such distress then to commit the party to the Gaol at his own charge, there to remain one month without Bayl. 15. Car. 2. Ch. 2.

Note, that none is to be punished by [Page 48] this Law who hath been punished by a former Law for the same offence, nor is any to be questioned for any offence within this Statute, unless it be within six weeks after the offence committed. 15. Car. 2. Ch. 2.

CHAP. XVII.

THe Churchwardens and Constables, or Tythingmen of every Parish are upon the Monday or Tuesday in Easter week (afternotice given publickly in the Church the Sabbath day before) after Morning Prayer ended, with the advice and consent of the major part of the Pa­rish then present, to choose two or more of the sufficient Inhabitants of the place, to be Surveyors or Supra-visors for their High-ways for the next year, and give notice thereof to the parties chosen in writing, under pain of five pounds to be forfeited by the same Constable, Churchwardens and Parish by the Stat. 14. Car. 2. Ch. 6. which Statute is to con­tinue till the end of the first Sessions of [Page 49] the next Parliament, or they may be punished by Fine or Amerciament in the Quarter Sessions, by the discretion of the Justices. 2. 3. P. & M. Ch. 8.

The Constables and Churchwardens are then also to appoint Six days be­twixt that and the Four and Twentieth day of June for the amendment of the High-ways, and to give publick notice thereof in the Church the next Sunday after. 2. & 3. P. & M. Ch. 8. & 5. Eliz. Ch. 13.

Stewards in Leets have power to en­quire after the breach of the Act of the 2. & 3. P. & M. about High-ways, and to set Fines upon such as make default at their discretion, and shall within six weeks after Michaelmas deliver Inden­ted Estreats thereof under their Hands and Seals, viz. one part thereof to the Bayliffe or High Constable of the Li­berty, and the other to the Constable and Churchwardens of the Parish where the default was made, 2. & 3. P. & M. Ch. 8.

And in default of presentment thereof in Leets, the Justices of Peace in the Sessions shall enquire thereof, and set such Fines as they or two of them [Page 50] quor. unus, shall think fit; whereof the Clerk of the Peace shall deliver Indent­ed Estreats under his Hand and Seal, within six weeks of Michaelmas, in like sort as aforesaid. 2. 3. P. & M. Ch. 8.

And these Estreats of the Stewards of Leets, or Clerk of the Peace, shall be a sufficient Warrant for the Bayliff or chief Constable to levy the said Fines by way of Distress; and if no Distress can be found, or the party do not pay the Fine within Twenty days after law­ful demand thereof he or they shall▪ for­feit double so much; all which Fines and Forfeitures shall be bestowed by the Constable and Churchwardens on the High-ways in the same Parish. 2. 3. P. & M. Ch. 8. Dalt. J. P. Ch. 26. fo. 71.

And the Bayliffe or High Constable is yearly, between the first of March and last of April, to render unto the Constable and Churchwardens to whom the other part of the Estreate was deli­vered, a true Account of the Monies received by them, in pain of Forty shil­lings, and the said Constables and Churchwardens have power to call the Bayliffe or High Constable before [Page 51] two Justices of the Peace (Quor. un.) to pass the Account, who have power to commit such Bayliff or High Consta­ble until they have satisfied all the Ar­rearages by them received. 2, 3. P. & M. Chap. 8. Dalt. J. P. Ch. 26 fo. 70.

And upon passing such Account, every Bayliff or High Constable shall have allowed Eight pence for their pains for every pound collected, and Twelve pence for the Fee for the Estreate deli­vered. 2, 3. P. & M. Ch. 8. Dalt. J. P. Ch. 26. fo. 70.

Any two Justices of Peace, upon com­plaint to them made by the succeeding Constables and Churchwardens, may call before them the precedent Con­stables and Churwardens, and may take their Accounts, and compel them, as aforesaid, to pay in all Arrearages in their hands. 2, 3. P. & M. Ch. 8. Dalt. J. P. Ch. 26. fo. 71.

All Fines and Forfeitures assessed in the Sessions upon the Stat. 5. El. about Highways, must be Estreated by the Clerk of the Peace, and must be levyed, accounted, and imployed as is appoint­ed by the 2, 3. P. & M. Ch. 8. 5. Eliz. Ch. 13.

[Page 52]The Surveyers upon Warrant from Two Justices of Peace are to levy by di­stress and sale of Goods, the Forfeitures of all such persons as offend against the 18. Eliz. 10. in not Scowring their Ditches, &c. and if they neglect by the space of a year after the offence commit­ted to levy the Forfeiture: Then the Justices may send to the Constable and Churchwardens to levy the same. 18. Eliz. Ch. 10.

The Constables or other Officers by Warrant from any of his Majesties Ju­stices of either Bench, Barons of the Ex­chequer, or Justices of the Peace to them directed, are to levy by Distress and Sale of the offenders Goods and Chattels, all such penalties (rendring the overplus to the owner) as shall be for­feited by any person upon the Act of the 14. Car. 2. Ch. 2. for repairing the High­ways and Sewers, and for paving and keeping clean the Streets in and about the Cities of London and Westminster, &c. and for default of distress or non-payment of the said penalties within six days after demand thereof, or notice in writing left at the house or dwelling place of the of­fender, by the said Constable or other [Page 53] Officer; the said Offender not being a Peer of the Realm, may be committed to the Common Gaol of the said County or City respectively, by the Warrant of any such Justice under his Hand and Seal, there to remain without Bayl or Mainprize until payment 14. Car. 2. Ch. 2.

CHAP. XVIII.

NOne ought to put to feed upon For­rests or Commons (except they be Commons where Mares are not usually kept) any Stoned Horse, being above Two years old, and not Fifteen hands high from the lower part of the hoof to the upper part of the wither (every hand containing four inches Standard measure) in pain to forfeit the same Horse. 32. H. 8. Ch. 13.

If any Stoned Horse of lesser Stature be put to feed in any such Common (unless it be in the Fen-grounds of the Isle of Ely, and of the Counties of Cam­bridge, [Page 54] Huntington, Northampton, Lincoln, Norfolk, or Suffolk; where they need be but Thirteen hands high) any man may seize them to his own own use, so that first by the assistance of the Keeper of the ground, or Constable, Bayliff, Headborough, or other such Officer of the Parish adjoyning, such Horse be brought to the next Pound, and there by such Officer, in the presence of three other sufficient men, he be measured and found lower than the Statute. 32. H. 8. Ch. 13. 8. Eliz. Ch. 8. Wingate Abr. St. Tit. Horses.

Those that refuse to Measure, or to be present at Measuring do forfeit Fotty shillings a piece for every such default, to be divided between the King and the Prosecutor; but note that an Horse that makes an Escape into such Com­mon, shall not be questioned, so that he stay not above Four days after notice thereof at the owners House, or in his Parish Church. 32. H. 8. Ch. 13.

Forrests and Common grounds must be driven yearly at Michaelmas, or within Fifteen days after, by the Keep­ers, Constables, or other Officers above­said, in pain of Forty shillings; and they [Page 55] have power to drive them at any other time of the year at their pleasure, and such likewise have the owners of the ground. And if upon the drift any un­likely Tits shall he found, they may be killed. 32. H. 8. Ch. 13. Wingate Abr. Stat. Tit. Horses.

Note that this Act of the 32. H. 8. Ch. 13. is not to extend to the County of Cornwal. 21. Jac. Ch, 28.

CHAP. XIX.

THe Constables and Officers of eve­ry Town, to which Hue and Cry shall come, ought to search in all su­spected houses and places within their Limits, and as well the Officers as all other persons which shall pursue the Hue and Cry may attach and stay all such persons, as in their search & pursuit they shall find to be suspicious, and there­upon shall carry them before some Ju­stice of Peace of the County where they are taken to be examined, where they were at the time of the Felony commit­ted; and if any Default be in the Offi­cers, they may be fined by the Justices for their Neglect. Dalt. J. P. Ch. 28. fo. 75.

[Page 56]In case of a Robbery where Damages are recovered against one or some few Inhabitants of the Hundred, and the rest refuse to contribute thereunto, in such case two Justices of the Peace (Quor. un.) dwelling within or near the Hun­dred, may for the levying thereof set a Tax upon every Parish within that Hun­dred; according to which the Consta­bles and Headboroughs of every Town must Tax the particular Inhabitants with­in their Constableries, and then levy the mony upon such as refuse by Distress and Sale of their Goods, restoring them the overplus, and after the mony is ga­thered, they are to deliver the same to the Justices, or some of them that made the Rate within ten days. 27. Eliz. Ch. 13. Wingate's Abr. Stat. Tit. Robbery. Poult. Hue and Cry. 6. Dalton's J. P. Ch. 48. fo. 132.

The Hundred where fresh suit shall cease, shall answer half the Damages to the Hundred where the Felony was committed, to be recovered in any Court at Westminster, in the Name of the Clerk of the Peace of the County where the Felony was committed, and here the death or change of the Clerk [Page 57] of the Peace, shall not abate the Suit; to be taxed and levied as aforefaid. [...]. Eliz. Ch. 13. Wingate's Stat. Tit. Robbery.

Note, that the Hundred is not charge­able for the Robbery, when any one of the Malefactors shall be apprehended, or when the Action is not prosecuted within one year after the Robbery committed; and note also that the Hue and Cry shall not be deemed Legal, un­less the pursuit be both by Horse and Foot. Wingate's Stat. Tit. Robbery. [...]rac. Li. 3. fo. 121. vide Co. 7. Lib. fo. 6, 7. 23. Eliz. Dyer fo. 370. Dalt. J. P. fo. 133.

He that goeth not at the command of the Sheriff or Constable at the cry of the County, that is, upon Hue and Cry to arrest Felons after Attainder shall be grievously fined and imprisoned. West. 1. Ch. 9. Co. 2. Part. Inst. fo. 172. 2. H. 7. 15▪ b. 5. H. 7. 5. a.

CHAP. XX.

THe Constable in the time of Hay and Corn-Harvest, upon the re­quest to him made by any man who wants Labourers, for the avoiding of the loss of Cor [...], Grain, and Hay, may cause all such Artificers, as he shall see meet to labour, to serve by the day for Mowing, Reaping, or otherwise, for the getting in of Corn or Hay abroad, according as they see them fit and able to perform; and if such persons shall re­fuse to work, after they are requested thereunto by the Constable, the Con­stable may then set them in the Stocks by the space of two days and one night; and if the Constable neglect to perform his Office, [...]e forfeits 40. shillings. 5. Eliz. Ch. 14. Wingate's Stat. Tit. Labourers.

And it is also provided by the said 5. Eliz. that no person retained in Hus­bandry, or in any Arts appointed by that Statute, shall depart after the time of such Retainer expired, out of the City, Town, or Parish where he last served, to serve in another without a Te­stimonial, [Page 59] to wit, (in a Town Cor­porate, under the Hand [...] and Seals of the Magistrate and two House-hold­ers there, and in the Country under the hands and Seals of the Constable or Con­stables, and Two Housholders of the Town or Parish where he last ser­ved) which Testimonial must be Re­gistred by the Minister, for which he is to have Two pence, and then to be de­livered to the Party. 5. Eliz. Ch. 4. Win­gate's St [...]t. Tit: Labourers.

But these Testimonials are now very seldom used, although the Statute be very penal in the same; for the Master that retains a Servant without such a Te­stimonial, forfeits five pounds, being thereof convicted upon Indictment taken in the Sessions of the Peace, and every Servant which sheweth not such a Testimonial to the chief Officer in a Corporation, or to the Constable or such other Officer, Minister or Churchwar­dens of the place where he is to dwell, may be imprisoned till he procure one, and if he produce not one within one and Twenty days, next after the first day of his Imprisonment, or if he shall shew a false or counterfeit one, then he is [Page 60] o be whipped and used as a Vagabond. Dalt. J. P. Ch. 31. fo. 86. 5. Eliz. Ch. 4.

CHAP. XXI.

THe Constables and Bayliffs of any Town, where any deceitful Malt shall be made, or mingled to be sold contrary to the Stat. 2. E. 6. may from time to time view and search all such Malt as shall be made, or put to sale within any of their Towns, being evil made, or mingled with evil Malt, con­trary to the Statute; then the said Con­stable or Bayliff, so finding any such de­ceitful Malt, with advice of any one Ju­stice of Peace, may cause the same to be sold to such persons, and at such rea­sonable prizes as to the discretion of the same Justice shall seem expedient. 2. E. 6. Ch. 10. 21. Jac. Ch. 28. 3. Car. 1. Ch. 4 Dalt. J. P. Ch. 33. fo. 86, 87.

Now these deceitful Malts are of three sorts, to wit, such as are not well made, and that is where Barly Malt hath not in the making thereof in the Fat, Floor, [...]eeping and drying thereof, Three weeks at the least, except it be in the Months of June, July, and August, [Page 62] and in those Months it must have 17. days; for under such times it cannot be well made nor wholesom. 2. E. 6. Ch. 10. Dalt. J. P. Ch. 33. fo. 87.

Secondly, No Malt ought to be put to sale, unless before the sale thereof, by treading, rubbing, and fanning it, they take out of every Quarter half a peck of dust, or more, on pain to forfeit 20. pence for every Quarter otherwise sold, to be divided between the King and the Prosecutor. 2. E. 6. 10.

And Thirdly, If any Malts be put to sale, which are not well made, as afore­said, according to the limited time, or which are made of Mow-burnt or Spired Barly, or mixed of good and bad to­gether, they forfeit for every Quarter so put to sale Two shillings to be divi­ded between the King and the Prosecu­tor, as aforesaid. 2 E. 6. Ch. 10. & Win­gate's Stat. Tit. Malt.

Note, That none shall be punished by this Act, who only make the Malt for their own provision, nor for the penalties of 20. pence, or 2. shillings per quarter, unless the Action be prosecuted within one year. Wingate Stat. Tit. Malt. 2. E. 6. Ch. 10. Dalt. J. P. Ch. 33 fo. 87.

CHAP. XXII.

THe Constables by Warrant to that purpose, under the Hand and Seal of the Lord Lieutenant, or any three or more of the Deputy Lieutenants, are to Levy such Sums, Forfeitures, Penalties and Payments, as shall be charged upon any person, or persons within their several Constableries, for the furnishing of Arms, Horse, or Foot, or payment of Souldiers, &c. according to the Acts for the Militia. 14. Car. 2. Ch. 3. 15. Car. 2. Ch. 4.

And where sufficient Distress cannot be had, then the Lord Lieutenants, or their Deputies, by like Warrant to the Constable, may commit such Offender to Prison until he shall make satisfaction according to the said Forfeiture, Pay­ment, or Penalty. 15. Car. 2. Ch. 4.

CHAP. XXIII.

THe Constables and other Officers within the Counties of Northum­berland and Cumberland, upon Warrant from the Justices of the Peace are to Levy by Distress and Sale of the Par­ties Goods (rendring the overplus to the owners) all such sums as shall be charged upon any person within their several Constableries, by the Justices at their Sessions, for the safeguard of the Counties against the Injury, Theft, and Rapine of Moss-Troopers; and the Ju­stices also may examine any complaint against the Constables or other Officers that shall neglect, or refuse, or fail to give obedience to the Act, or do any thing in disturbance thereof, and bind over such person to the Quarter Sessions to be proceeded against according to Justice. 14 Car. 2. Ch. 22.

This Act took force from Michael­mas 1662. and was to continue five years, and now by the Stat. 18. Car. 2. it is continued for seven years longer, [Page 65] which is till Michaelmas, 1674. 18. Car. 2. Ch. 3.

CHAP. XXIV.

IF any shall purposely, without Au­thority, disturb a Preacher lawfully licenced in his Preaching of the Word, Praying, or Administring of the Sacra­ments, either by their talking, laugh­ing, humming, or the like, any one of the Constables or Churchwardens of the place may of his own Authority pre­sently apprehend the party, and carry him before a Justice of Peace of the same County, who upon due accusation may, if he think fit, commit him to safe custody, and within six days after, taking with him another Justice of the Peace, they may examine the matter; and if by proof of Two Witnesses they find it true, they must commit him to the Common Gaol, there to remain for Three Months, and from thence to the next Quarter Sessions, at which upon [Page 66] the parties Recon [...]iliation, and entring into Bond, for the good behaviour for one whole year (at the discretion of the Justices he may be Released) but if he persist still in his obstinacy, he must re­main in P [...]ison still without Bayl, until he shall reconcile, and be penitent for his offence. 1. Mar. Sess. 3. Ch. 3. Win­gate's Stat. Tit. Sacraments. Dalt. J. P. Ch. 41. fo. 103.

He that rescues an offender in this kind, shall suffer like Imprisonment, and forfeit five pounds besides, and the Inha­bitants that suffer such an offender to escape, being presented before the Ju­stices of Peace in the Sessions within the County, or Corporation where the e­scape was made, do also forfeit Five pounds. Wingate's Stat. Tit. Sacraments. [...]. M. Sess. 2. Ch. 3.

This Act does not restrain the Juris­diction of the Ecclesiastical Law, how­beit none are to be punished twice for one offence; Quaere of this Statute, for some think it is Repealed by the 1. El. Ch. 2. vide Lamb. 199. Cromp. 14. Dalt. J. P. Ch. 41. fo 103, 104.

CHAP. XXV.

THe Constable may do what he can to keep the Peace, but he cannnot take Surety of the Peace at the Request of any man. Cromp. 6. 12. H. 7. fo. 18. a.

Note, That the breach of the Peace is said to be any injurious force or vio­lence used against the person of another, his Goods, Lands, or other Possessions, whether it be threatning words or fu­rious gestures, or force of the body, or any other force used in terrorem. Dalt. J. P. Ch. 3. fo. 9.

The Constable, or other Officer, be­fore he Arrest the party upon a War­rant for the Peace, ought first to acquaint him with the matters, and withal, to re­quire or charge the party in the Kings Name, to go along with him before the Justice, to find and put in Sureties ac­cording to the Warrant; and if the party refuse either to go before the Ju­stice, or to find Sureties; then the Of­ficer by vertue of the said Warrant may and ought fothwith Arrest him, [Page 68] and convey him to the Gaol without carrying him to any Justice, and there the party is to remain until he shall vo­luntarily offer and find Sureties; and then such Officer must be at the next Sessions of the Peace, there to deliver his said Warrant in, and to certifie all that he hath done thereupon. Dalt. J. P. Ch. 69. fo. 166. 5. E. 4. 13. Lamb. 92. Bro. fx. Imp. 18. Cromp. 235.

But if the partie yield to go and find Sureties, then the Officer may not abso­lutely Arrest him, but yet the Officer is not bound to go up and down with the party to find Sureties, but may keep him till he can procure Sureties to come to him; and if afterwards the party shall make any resistance, or shall offer to go his way, then the Officer may Ar­rest him and carry him to the Gaol, or else imprison him in the Stocks until he can provide aid to carry him to the Gaol. Dalt. J. P. Ch. 69. fo. 166.

If a Constable, or other Officer, ha­ving a Warrant from a Justice of Peace to Arrest a man, to find Sureties for the Peace, do afterwards receive a Super­sedeas out of the Chancery, &c. or from another Justice of the Peace of the same [Page 69] County, to discharge the same Surety of the Peace, and yet nevertheless the Officer will urge the party to find Sure­ties by vertue of the Warrant, the party may refuse to give it, & if he be Arrested or Imprisoned for such Refusal, he may have his Action of false Imprisonment against such Officer; for such Superse­deas is a Discharge of the former Precept or Warrant. Lamb. 101. Dalt. J. P. Ch. 69. fo. 168.

If any shall abuse a Constable in do­ing of hi [...] Office, the Constable may have the party bound to his good beha­viour for it. Fitz. Barr. 202. Cromp. 135.

If a Constable be informed that a man and a woman be in Adultery or Fornica­tion together, or that a Man and a Wo­man of evil Report are gone to a su­spected house together in the Night, the Constable may take company with him, and if he find them so, he may carry them before a Justice of Peace, to find Sureties for the good behaviour. 13. H. 7. 10. Bro. Travers. 432. Dalt. J. P. Ch. 75. fo. 189.

CHAP. XXVI.

THe Constables and other Officers in London, and within seaven miles round, are to be aiding and assisting to the President of the Colle [...]e of Physi­cians, and all persons authorized by the said Colledge for the due execution of the Laws and Statutes belonging to the said Colledge, upon pain of [...] in­to contempt to the King. 1. M. Par. 1. Sess. 2. Ch. 9. Wingate's Stat. Tit. Physi­cians.

CHAP. XXVII.

IF any person Infected, or being or dwelling in an house infected with the Plague, shall be by the Constable commanded to keep his house, and not­withstanding shall wilfully go abroad and converse in company, having any [Page 71] infectious Sore on him, it is Felony; and if such person shall not have such Sore about him, yet for his offence he shall be punished as a Vagabond, by the ap­pointment of any one Justice of the Peace, and further shall be bound to his good behaviour for one whole year, Wingate's Stat. Tit. Plague 1: Jac. Ch. 31. Dalt. J. P. Ch. 39. fo. 91.

The Justices of Peace, or any one of them, and other Head Officers in Cor­porate Towns, within their several li­mits, may appoint Searchers, Watchmen, Examiners, Keepers, and Buriers for the persons and places infected; and if any person infected, or dwelling and be­ing in an house infected, shall contrary to the commandment or appointment of the Justice of Peace, or Constable, &c. wilfully attempt to go abroad, or to re­sist such their Keepers or Watchmen, then may such Watchmen with violence force them to keep their houses, and if any hurt happen thereupon, the Watch­men shall not be impeached therefore. 1. Jac. Ch. 31. Dalt. J. P. Ch. 39. fo. 91. Cromp. 122. b. Wingate's Stat. Tit Plague.

If the Constable or other Officer wil­fully neglect to levy the mony (by [Page 72] Warrant from two Justices of Peace, upon the Statute for Relief of any Town infected with the Plague) by Distress and sale of the Goods of such persons as refuse or neglect to pay; then they for­feit for every such offence Ten shil­lings to be imployed to the said Cha­ritable use. Wingate's Stat. Tit. Plague. 1. Jac. C. 31. Dalt. J. P. Ch. 39. fo. 91.

CHAP. XXVIII.

AN Offender which is to be con­veyed to the Gaol, if he be able, must bear all charges, both of himself and of those that guard him; and if he refuse to defray and bear the charges, or shall not at the time of commitment pay or bear the same, then upon a Warrant from a Justice of Peace, the Constable of the Township, where the Offender hath any Goods (being within the same County) may sell so many of the parties Goods as in the discretion of the Justice shall be thought sufficient to satisfie the [Page 73] said charges, the Apprizement to be made by Four Inhabitants of the Parish where such Goods be, and the overplus to be rendred to the owner. 3. Jac. Ch. 10. Dalt. Ch. 43. fo. 104. Wingate's Stat. Tit. Prison.

And if the offender have no Goods to satisfie the charges, then the charge must be born by the Town where the offen­der was taken, which must be laid on by way of Tax by the Constable, Church­wardens, and two or three other honest Inhabitants, and where there are no such Officers, then four of the princi­pal Inhabitants of the Parish must lay on the Tax, which being allowed under the hand of a Justice of Peace, every Inhabitant must pay their proportion ac­cording to the Tax; and if any refuse to pay the Constable, Tythingman, or other Officer, by Warrant from a Ju­stice of Peace, may levy the same by Distress (and after Apprisement by four Inhabitants there) may sell the same, rendring the overplus to the party so refusing. 3. Jac. Ch. 10. Wingate's Stat. Tit. Prison.

Here if the Constable, or other Offi­cer, that distrains, be sued, he shall plead [Page 74] Justification, and upon verdict for, or Non-suit of the Plaintiff, he shall reco­ver trebble Damages, besides Costs of Suit. 3. Jac. Ch. 10.

CHAP. XXIX.

THe Constables duty about Purvey­ance, upon the Stat. 36. E. 3. Ch. 2. 5. E. 3. Ch. 2. 20. H. 6. Ch. 8. 23. H. 6. Ch. 14. & 2, 3. P. & M. Ch. 6. is now of little or no use; for it is enacted by the 12. Car. 2. That from henceforth no Monies, or other things shall be taken, rated or levyed for any Provision, Car­riages, or Purveyance for the King, hi [...] Heirs, &c. or for the King, Queen, o [...] any of their Children, for the time be­ing, or any of his Houshold, of any Timber, Fewel, Cattel, Corn, Grane Malt, Hay, Straw, Victuals, Cart, o [...] Carriage, Oxen, Horses, Ploughs, Wains or other Carriages, or any other thin [...] from any Subject, without the full an [...] free consent of the owner first obtaine [...] without menace or inforcement; bu [...] [Page 75] note, that this aforesaid clause being found to be two prejudicial to the King, if the Subjects might not be forced at reasonable prizes to furnish the King with Carriages, it is therefore altered by the Stat. of the 13. Car. 2. Ch. 8. and is thus enacted.

That the Clerk or Chief Officer of the King [...] Carriages three days before his Majesties Arrival, by Warrant from the Greencloth, shall give notice in wri­ting to two Justices of the Peace adjoyn­ing to the place where his Majesty is to come, to provide such a number of Carts and Carriages as the said Officer shall need for the work, and to express the time and place where the said Carts and Carriages are to attend: and then these Justices are to require the Country to provide the number of Carts and Carri­ages of four able Horses, or four Oxen and two Horses a piece, at six pence a mile for every mile they go laden, to be paid them in hand at the place of lading; and no carriage to be enforced to travel above one days Journey, from the place where they receive their Lading; and if any refuse, or shall not be ready at the time and place, not having good cause [Page 76] to shew to the contrary, the said Justices upon due proof thereof and conviction of the offence by the Oath of two Wit­nesses, or the Oath of the Constable, or other Officer, may (by their War­rant) cause to be levyed of the Goods of the offender forty shillings by distress and sale, rendring the overplus to the owner. 13. Car. 2. Ch. 8.

If any Justice of Peace, Officer, or Constable, shall take any Gift or Re­ward to spare any person from making such Carriage, or shall impress more carriages then shall be directed from the Greencloth, upon due proof and conviction thereof, the parties offend­ing shall forfeit ten pounds to be reco­vered by any person by Action of Debt in any of his Majesties Courts of Re­cord: And if any person shall take up­on him to Impresse Horses, Oxen, Car [...] and Carriages, other then the persons aforesaid, upon conviction of the of­fence he shall suffer the punishment contained in the 12. Car. 2. Ch. 24. which see in the ensuing case of Pre-emption▪ vide 13. Car. 2. Ch. 8.

No Pre-emption shall be allowed to the King his Heirs or Successors, no [...] [Page 77] to the Queen, or any of the Children of the Royal Family, in Market, or out of Market; but it is now lawful for all Subjects to dispose of their goods as they please, and if any person shall make any Purveyance, or Impress any Carriages (otherwise than as is appointed by the 13. Car. 2. Ch. 8. in the two before-go­ing Cases by order of the Green cloth) or other things by colour of any Authority of Purveyance for the King, &c. contrary the 12. Car. 2. Ch. 24. then two or one Justice of Peace next adjoyning, and the Constable of the place where such of­fence shall happen, at the request of the party grieved, shall commit the party offending to the Gaol, until the next Sessions, there to be Indicted and pro­ceeded against for the same, and the party grieved shall have his Action a­gainst the offender, and therein shall re­cover trebble damages and trebble costs, 12. Car. 2. Ch. 24.

Two or more Justices of the Peace by Warrant from the Lord High Admi­ral of England, or two or more of the Principal Officers, or Commissioners of the Navy, or of the Master of his Ma­jesties Ordnance, or the Lieutenant of [Page 78] his Ordnance, are to provide Carriages with Horses & Oxen out of the Country, not being above 12. miles distant from the place of lading, the owners of which Carriages, or their Servants, are to re­ceive for every load of timber 12. pence per mile, and for every Tun of other Commodities 8. pence per mile; and such persons as refuse or neglect to make their appearance, then upon Oath by the Constable, or two credible Witnesses before the Justices, &c. such person refusing, or neglecting, forfeits Twenty shillings to be levied by Distress and Sale of his Goods and Chattels by War­rant from the said Justices, Maior, or other chief Officer, or from the princi­pal Officers or Commissioners of his Ma­jesties Navy, or Master or Lieutenant of his Majesties Ordnance, respectively, rendering the overplus, if there be any (the charge of Distraining being first deducted) to the owner. 14. Car. 2. Ch. 20.

Note, That no Horses, Oxen, Cart, Wain, or other Land carriage, shall be inforced to travel more da [...]s Journey from the place where they receive their Lading, or be compelled to continue [Page 79] longer in the imployment, than shall be appointed by the order of the said Justices of Peace, and that ready mony be made to the parties in hand at the place of Lading, according to the Rates aforesaid. 14. Car. 2. Ch. 20.

If the Justices, Maior, chief Officer, Constable, or any person appointed, shall take any Gift or Reward to spare any, or maliciously charge or grieve any person through Envy, &c. they forfeit Ten pounds, to be recovered in any of his Majesties Courts of Record. And if any take upon them to Impress Horses, Oxen, Carts, &c. other then the persons aforesaid, they are to be punished as is appointed by the 12. Car. 2. Ch. 24. which see before in the case of Pre-emption. 14. Car. 2. Ch. 20.

Note, that this Act of the 14. Car. and the 13. Car. Ch. 8. stand upon conti­nuance till the end of the first Session of the next Parliament.

CHAP. XXX.

THe Constables and Churchwardens are to levy, by Distress and Sale of the offenders Goods, such mony as is rated upon any person within their Constablery for the Relief of poor maimed Souldiers and Ma [...]iners, ren­dring the overplus to the owner. 43. Eliz. 3. Wingate's Stat. Tit. Captains and Souldiers. 14. Car. 2. Ch. 9.

And this Mony, so collected, is to be paid quarterly to the High Con­stable of the Hundred Ten days be­fore every Quarter Sessions, or else the Constable and Churchwardens, their Executors, &c. forfeit Twenty shillings: And the High Constable is to pay in the Collection Mony (to the Treasurers appointed by the Justices) every Quar­ter Sessions, or otherwise he, his Execu­tors, &c. forfeits Forty shillings; which foreitures are to be levyed and imploy­ed by the Treasurers for the encrease of their Stock for the uses aforesaid. 43. [Page 81] El. Ch. 3. 14. Car. 2. Ch. 9. & Wingate's Stat. Tit. Captains and Souldiers.

The High Constables are to make Quarterly payment, at every Sessions unto the Collectors appointed by the Justices, of all such Sums of Mony as are raised in every Parish, and paid to them by the Churchwardens or Consta­bles, for the Relief of the poor Priso­ners in the Gaol, under pain of Five pounds. 14. Eliz. Ch. Wingate's Stat. Tit▪ Prison and Prisoners.

The Constables and Churwardens are to levy, by Distress and Sale of the of­fenders Goods, so much Mony as is ra­ted upon any person within their Pa­rish, for the Relief of the Prisoners in the Kings Bench and Marshalsey, and al­so of Hospitals, and Almshouses, and re­lief of the Poor within their County, rendring the overplus to the owner; and for want of such distress the Justice of Peace may commit the party to Prison, there to abide till it be paid, without Bail or Mainprize; which Mony the Churchwardens are to pay to the High Constable Ten days before the end of euery Quarter Sessions: and if the Churchwardens their Executors, &c. [Page 82] fail to pay this Mony, they forfeit Ten shillings; and if the High Constable, his Executors, &c. fail to pay the Trea­surers of the County the same mony at the Quarter Sessions, they forfeit Twen­ty shillings; which Forfeitures the Trea­surers may levy by Distress and Sale as aforesaid, and the Monies to be imploy­ed to the uses aforesaid. 43. Eliz. Ch. 2. Wingate's Stat. Tit. Poor People. Dalt. J. P. Ch. 53. fo. 135.

CHAP. XXXI.

POpish Recusants above Sixteen years of Age shall within Forty days after their conv [...]ction repair to their usual dwelling, and not remove above Five miles from thence, in pain to for­feit all their Goods, and Lands, and An­nuities during L [...]fe; and if they have no certain abode, then are they to re­pair to the place where they we [...]e born, or where their Father and Mother dwells, and within Twenty days after [Page 83] their arrival, there to give their Names in writing to the Minister, Constables and Headboroughs, which Minister is to enter them in a Book to be kept for that purpose, and he together with the said Constables and Headboroughs are to certifie the same to the next Quarter Sessions, where the Justices of Peace must cause the same to be inrolled. 35. Eliz. Ch. 2. Wingate's Stat. Tit. Crown.

The Constables and Churchwardens of every Parish, or the one of them, or if there be none such, then the High Constables of the Hundred there, are once every year to present at the Gene­ral Sessions of the Peace, the monthly absence from Church of every Popish Recusant and their children, being a­bove the age of nine years, and their Servants together with the age of their Children as near as they can know them, in pain to forfeit respectively for every such default Twenty shillings; which presentment the Clerk of the Peace, or Town Clerk shall Record without Fee, in pain of Forty shillings. Wingate's Stat. Tit. Crown. 3. Jac. Ch. 4.

If the Minister, petty Constable, or Churchwardens of any Parish, or any [Page 84] two of them shall complain to any Ju­stice of Peace, of any person suspected for Recusancy, then any such Justice may tender the Oath of Supremacy to the person suspected, and if he refuse to take it, then the Justice may com­mit the party to the Gaol, there to re­main until the next Assizes or Sessions of the Peace; and if then the party refuse again, [...]e incu [...] Praemunire; but if it be a Woman Covert, she shall on­ly be imprisoned, there to remain with­out Bayl till [...] [...]ake the said Oath. Wingate's Stat. Tit. Crown. Dalt. J. P. Ch. 45. fo. 10 [...]. [...]. Ch. 6.

CHAP. XXXII.

SHeriffs, Constables, and all other the Kings Officers, shall suppress Rioters, and imprison them, and all other offenders against the Peace. Wingate's Stat. Tit. Riots, &c. 27. R. 2. Ch. 8.

Knights and all other Temporal per­sons [Page 85] under that degree, that be above the Age of Fifteen years, and be able to Travel, upon warning given, are to be assistant to the Justices, when they shall be reasonably requested to suppress Riots on pain of imprisonment, and to make Ransom to the King. 2. H. 5. 8. Wingate's Stat. Tit. Riots, &c. Dalt. J. P. Ch. 46. fo. 114.

Note, where three persons or more shall come or assemble themselves toge­ther, to the intent to do any unlawful Act, with force or violence, against the person of another his Possessions or Goods, as to kill, beat, or otherwise to hurt, or to imprison a Man; to pull down an House, Wall, Pale, Hedge, or Ditch; wrongfully to ente [...] upon, or into ano­ther mans Possession, House or Lands, &c. or to cut or take away Corn, Grass, Wood, or other Goods wrongfully, or to hunt unlawfully in any Park or War­ren, or to do any other unlawful act, (with force or violence) against the Peace, or to the manifest terrour of the people; if they only meet to such a purpose or intent, although they shall after depart of their own accord, with­out acting any thing, yet this is an un­lawful [Page 86] Assembly, because of their inten­tion at the first. Bro. Tit. Riot. 4. 5. Cromp. 68. Co. 3. Part. Inst. fo. 176. Dalt. J. P. Ch. 85. fo. 217. Termes de Ley verb. Rout. Lamb. 179. 181.

If after such meeting, as aforesaid, they shall ride, go, or move forward to­wards the execution of such Act, whe­ther they put their intended purpose in execution or not, this is a Rout. Bro. Riot. 4. Co. 3. Part. Inst. fo. 176. Termes de Ley verb. Rout. Dalt. J. P. Ch. 85. fo. 217.

And if they do any such thing indeed, then it is a Riot. Co. 3. Part. Inst. fo. 176. Termes de Ley verb. Riot. Dalt. J. P. Ch. 85. fo. 217. Bro. Riot. 4. & 5.

CHAP. XXXIII.

THe Constable, Headborough, or Tythingman, assisted by the Mini­ster and one other of the Parish, is to [...]ee (or do it himself) Rogues and Vaga­bonds, which shall be taken begging, stripped naked from the middle up­wards, and openly whipped till their body be bloody, and then sorthwith to [Page 87] be sent away from Constable to Consta­ble the next straight way to the place of their birth; and if that cannot be known, then to the place where they last dwelt by the space of one whole year, before such punishment; and if that cannot be known, then to the Town through which they last passed unpunish­ed: And when they come there, if it cannot be discovered where they were born, or last dwelt as aforesaid, then are they by that Constable to be con­veyed to the House of Correction or Common Gaol of the County, to be im­ployed in work, or placed in some ser­vice, and so to continue by the space of one year; or in case they be not able in body, that Town is to keep them, till they may be placed in some Almshouse within the same County. 39. Eliz. Ch. 4. Wing. Stat. Tit. Vagabonds. Resoluc. Judges. Sect. 714. Bolstr. 2. Part. Rep. fo. 258.

After such whipping, the Vagabond is to have a Testimonial under the Hand and Seal of the Constable, Tythingman, &c. and the Minister, testifying the day and place of his punishment, the place to which he is to be conveyed, and the time limited for his passage thither; [Page 88] which time, if by his own Default he exceeds, he shall from to time incurr the like punishment, till he arrive at the place limited; the substance of the Te­stimonial is to be Registred by the Mi­nister in a Book, which he is to keep for that purpose in pain of Five shil­lings; see the form of the Testimonial, pag. 96; Wingate's Stat. Tit. Vagabonds. Dalt. J. P. fo. 129. Poulton Vagab. 3.

If any Constable, Headborough or Tythingman, be found negligent in the due execution of the Act of the 39. Eliz. aforesaid, he forfeits Ten shillings for every Default, and all such persons as shall in any wise disturb or hinder the execution of the Law, or any part there­of, concerning the punishment of Rogues, forfeit Five pounds, and to be bound to the good behaviour; and observe therefore that by the Resolu­tion of the Judges, Sect. 13, 14. where a Rogue is to be conveyed from Con­stable to Constable the next straight way to the place of his birth, in such case, if the Constable of any Parish will not receive such Rogue, to convey him to the next Constable, &c. this is a forfeiture of Five pounds in such Of­ficer [Page 89] that shall not receive the party, to convey him or her, & he may be bound, as aforesaid, to the good behaviour, and if he receive him, and do not convey him to the next Constable, it seems he in­currs the like penalty. 39. Eliz. Ch. 4. Poul. Vag. 5. & 11. Dalt. J. P. Ch. 47. fo. 128. & Resol. Judges. Sect. 13, 14.

Every person shall apprehend, or cause to be apprehended, such Rogues as he shall see or know to resort to his house to begg, or receive any Alms, and him or them shall carry, or cause to be carryed to the next Constable, or else shall forfeit for every such default Ten shillings; and the Constable is to whip and convey such Rogues as afore direct­ed, on pain of Twenty shillings 1. Jac. Ch. 7. Poul. Vag. 5. Dalt. J. P. Ch. 47. fo. 128. Wingate's Stat. Tit. Vagabond.

Two Justices of the Peace (quor. un.) by Warrant under their Hands and Seals, may cause to be levyed by Distress and Sale of the offenders Goods all the Fines and Forfeitures aforesaid, appointed by the Stat. 39. Eliz. C. 4. & 1. Jac. C. 7. af­ter Conviction of the party, which must be either by confession or proof of two sufficient Witnesses before the said Ju­stices; [Page 90] Poul. Vag. 1. 39. Eliz. C. 4. 1. Jac. Ch. 7. Dalt. J. P. Ch. 47. fo. 149. Wingate's Stat. Title Vagabond.

If the Constables or Tythingmen neg­lect to make privy search for Rogues upon Warrant from the Justices of Peace, and to appear before the Justices at their meeting appointed for that pur­pose, to give an Account upon Oath in Writing under the Minsters hand, testi­fying what Rogues, &c. they have taken in that search, or since the last meeting, and how many have been punished, or otherwise sent to the House of Correcti­on, or if they neglect safely to convey such to the House of Correction, as by the said Justices Warrant are to be com­mitted thither, they are to incurr what fine the Justices please to set upon them, so that it exceed not Forty shillings. 7. Jac. Ch. 4. Wingate's Stat. Tit. Vagabond.

Any Justice of Peace may Reward any person or persons, who shall apprehend and bring before him any Rogue, Vaga­bond, or Sturdy Beggar, by granting to such person a Warrant under his Hand and Seal to the Constable, or Tything­man of the place, through which the Rogue, &c. did pass unapprehended, or­dering [Page 91] the Constable, &c. to give such person Two shillings for every Rogue so taken; and if such Constable, &c. refuse or neglect to pay the same, the Justices of the Peace may proceed against such con­stable, &c. according to the Statute of the 1. Jac. Ch. 7. before mentioned, and then compel him to pay so much mony as he hath forfeited by the said Statutes, and allow the said Two shillings out of the said forfeiture to the said person, and also reasonable allowance for loss of time, as they shall think fit: 14. Car. 2. Ch. 12.

And if any person shall apprehend any Rogue, &c. at the Confines of any County, which passed through any Pa­rish of another County unapprehended, then the person so apprehending such Rogue must carry him to some Justice of Peace of that County through which he passed unapprehended, who (upon a Certificate under the hand of some Ju­stice of Peace of the County where such Rogue was apprehended) is to grant his Order or Warrant under his Hand and Seal to the Constable, &c. to pay Two shillings, as aforefaid; which if he re­fuse or neglect, then the Justice is to pro­ceed against such Constable, &c. & cause [Page 92] him to pay Ten shillings to the party, or so much thereof, for loss of time, as the Justice shall think fit. 14. Car. 2. Ch. 12.

Whereas Constables, Tythingmen, &c. are at great charges in Relieving, conveying w [...]th Passes, and carrying Rogues, &c. to the Houses of Correcti­on, &c, It is enacted that all Constables, Tythingmen, &c. so out of Purse, toge­ther with the Churchwardens and Over­seers of the Poor, and other Inhabitants of the Parish, may make a Rate and Tax all the Inhabitants of the Parish, charge­able by the 43. Eliz. which Rate must be confirmed by two Justices of the Peace under their Hands and Seals; and if any person refuse to pay his part thereof, then by Warrant from Two Justices the Constable may levy the same upon the parties Goods, that refuseth, rendring the overplus to the owner, if any be. 14. Car. 2. Ch. 12.

Note, That all these persons follow­ing, being above the Age of seven years, Man or Woman, Sole or Covert, that wander from their usual place of abode, abroad every where begging; or if they do not beg, yet if they wander and loy­ter abroad without a lawful Pasport, and [Page 93] give no good reason for their Travail, are accounted Rogues: All Scholars and Seafaring men which beg, wandring persons, that use unlawful Games, subtile Craft, or Plays, or pretending them­selves to have skill in Physiognomy, Palmestry, or the like, or to be Fortune­tellers; all Proctors, Patent gatherers (except for Fire) Collectors for Gaols, Prisoners, or Hospitals, wandring abroad, Fencers, Bearwards, Common Players of Enterludes, and Fidlers or Minstrels wandring abroad, All Juglers, Tinck­ers, Pedlers, and petty Chapmen, and Glass-men wandring abroad, especially if they be not well known, or have not a sufficient Testimonial; all counterfeit Egyptians not being Felons; all persons delivered out of Gaols, which beg for their Fees, or otherwise do travel beg­ing, such as go to or from the Bathes and do not pursue their Licence, Soul­diers and Mariners that beg, and coun­terfeit a Certificate of their Comman­ders; All Labourers which wander a­broad out of the Parish, and refuse to work for wages reasonably taxed, having no living otherwise to maintain them­selves; and such as go with a general [Page 94] Pasport, which is not directed from Parish to Parish; all these are account­ed Rogues, Vagabonds, and Sturdy Beggars: And all Servants departing out of their Service (to wit, forth of one City, Town or Parish to another, or out of one Hundred or County to serve in another) without a Testimonial, or which shall be taken with a false one, and those that are sick of the Plague, and wilfully go abroad in company against the command of Officers are to be pu­nished as Vagabonds: but observe that none but the wandring Rogue is to be sent to the place of his birth, or last ha­bitation; for those poor people which beg in their own Parish, without the appointment of the Overseers, or in the High-ways, are to be sent to the House of Correction. 39. Eliz. Ch. 4. & 17. 43. Eliz. Ch. 2. 1. Jac. Ch. 7. 21. Jac. Ch. 28. 7. Jac. Ch. 24. 5. Eliz. Ch. 4. Poult. Vag. 2. & 7. Resol. Judges. 13, 15. Dalt. J. P. Ch. 47. fo. 123, 124, 125. & Cro. 2. Part. Rep. fo. 577.

Note, That the Wife, and Children under seven years of age, being va­grant, must go and be placed with the Husband; and if the Husband be dead, [Page 95] then with the Wife where she was born, or last dwelt; and vagrant Children a­bove seven years of Age, must be sent to the place of their birth; and if the vagrant Parents with their Children un­der seven years of Age be placed at the place of birth of the Parents, or at the last place of dwelling, as the case falls out; if afterwards the Parents, or either of them die, or run away, yet the Chil­dren once settled, must remain there still, and may not be sent to the place of their birth, though afterwards they attain to the age of seven years; and the Wife being but a vagrant Rogue, ought to be sent to the Husband, though he be but a Servant in another Town; and the Rogue whose place of birth or dwelling cannot be known, having Wife or Children under seven years of age, they must go with the Husband to the place where they were last suffered wilfully to pass through unpunished; where the Children must be relieved with the work of their Parents, though their Parents be committed to the House of Correction. 39. Eliz. Ch. 4. Poult. Vag. 2. Resoluc. of the Judges, Sect. 4, 5. Dalt. J. P. Ch. 47. fo. 125.

CHAP. XXXIV.

IF any person or persons shall profane­ly Curse or Swear, for every time so offending they forfeit Twelve pence; the offence to be proved within Twenty days after it is committed, by the Oath of Two Witnesses, or by confession of the party before any Justice of Peace, or Head Officer of any City or Town Corporate; who thereupon may issue out their Warrant to the Constables▪ and Churchwardens, and Overseers of the Poor of that Parish where the said offence shall be committed, and the said Constables, &c. are to levy the sum and sums of mony by distress and sale of the offender; Goods, rendring the over­plus, if any be, to the owner. 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. Wingate's Stat. Tit. Swearing. Dalt. J. P. Ch. 55. fo. 138.

Note, Where no Distress is to be had, the offender, if above Twelve years of age, shall by Warrant, as aforesaid, be set in the Stocks Three whole hours; [Page 98] but if the offender be under the age of Twelve years, and shall not forthwith pay the said sum of Twelve pence per Oath, then he or she is to be whipped by the Constable, or by the Parent, or Master, in the Constable's presence. 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. Dalt. J. P. Ch. 55. fo. 138.

CHAP. XXXV.

THe Constable by Warrant from a Justice of Peace, (or the chief Of­ficer of any City, Borough, or Town Corporate) under their Hand and Seal, against such as use unlawful Games on the Sabbath day, as Bull-baiting, Bear­baiting, Enterludes, or other unlawful Exercises within their own Parish, or out of their own Parish at any such Sports whatsoever, may levy the penalty of Three shillings and Four pence by Distress and Sale of the Offenders Goods, rendring the overplus to the owners; and in default of Distress, the [Page 99] Constable is to set the Offenders in the Stocks by the space of Three hours: Note, that the party, offending in these Games, must be questioned within a month after the offence committed. 1. Car. 1. Ch. 1. Dalt. J. P. Ch. 23. fol. 63.

If any one on the Sabbath day keep, or be present at any Wrestlings, Shoot­ings, Bowlings, Ringing of Bells for pleasure, Mask, Wake, Church-Ale, Dancing, Games, Sport, or pastime what­soever, they forfeit Five shillings, if he or she be above Fourteen years of Age, and if under that Age, then Twelve pence by him that hath the government of the party, to be levyed by Sale and Distress by the Constable, by Warrant from a Justice of Peace, or chief Officer, as aforesaid; and for want of Distress to be set Three hours in the Stocks; and every Carrier going with his Horses on this day, or Wagoner, Carter or Wayn­man, going with any Wagon, Cart, or Wayn, or Drover with his Cattel, for­feit Twenty shillings for every offence, to be levyed also by Distress and Sale of his Goods, if he be questioned with­in Six weeks after the offence done; [Page 100] but there must be but one Twenty shil­lings forfeited for one Journey, although they pass through several Parishes, and this Twenty shillings that Parish shall have where the Distress is first taken, 3. Car. 1. Ch. 1. Dalt. Ch. 50. fo. 134.

And if any Butcher by himself, or any for him, shall kill or sell any Vi­ctuals upon the Lords day, he forfeits Six shillings and Eight pence, to be le­vyed by the Constable by Distress and Sale, as aforesaid, upon Warrant from a Justice of Peace, &c. the offence to be questioned within Six weeks after it is committed, and the parties to be con­victed before any Justice of Peace, Maior, or head Officer, &c. upon their own view, proof of Two Witnesses or more, or the parties own confession; and the Justice, Maior, &c. may reward the Informer with a Third part of the penalty. 3. Car. 1. Ch. 1. Dalt. J. P. Ch. 50. fo. 134.

CHAP. XXXVI.

ALl Sheriffs, Justices of Peace, Maiors, Bayliffs, Constables, and every of them, upon Information or Complaint made to them, or any of them, by any of the Officers of the Cu­stoms, or by any other person or persons whatsoever, that there is any Tobacco set, sown, planted, or growing within their Jurisdictions or Precincts (except such as is growing in any Physick Gar­den of either University, or in any other private Garden, where the quantity of ground planted exceeds not one half of one Pole, in any one place or Garden) they are within Ten days after such In­formation or Complaint, to cause to be burnt, plucked up, consumed, or utter­ly destroyed all such Tobacco so set, sown, planted, or growing. 12. Car. 2. Ch. 34.

And if any person or persons shall resist, or make forceable opposition a­gainst any person or persons in the due [Page 102] execution of this Office as abovesaid, every person or persons for every such offence, shall forfeit the sum of Five pounds to be recovered in any Court of Record; and be also committed to the common Gaol of the County where the offence was committed, there to remain without Bayl or Mainprize, until he, she, or they, do enter into Recognizance to his Majesty, his Heirs and Successors, with Two sufficient Sureties in Ten pounds penalty, not to do or commit the like offence again. 12. Car. 2. Ch. 34. 15. Car. 2. Ch. 7.

CHAP. XXXVII.

EVery City, Borough, and Market Town within England, ought to have common Weights and Measures sealed, at which the Inhabitants them­selves may freely weigh; and all For­reiners must pay for every Draught un­der 40. pound a Farthing, for a Draught between Forty and an Hundred, must [Page 103] pay an half Peny, and for a Draught be­twixt an Hundred and a Thousand they must pay a peny; wherewith the Weights are to be maintained, and the Officers which attend that Service are to be re­warded at the discretion of the said In­habitants. 8. H. 6. Ch. 5. Wing. Stat. Tit. Weights and Measures.

Every City which wants such Weights and Measures forfeits Ten pounds to the King, every Borough Five pounds, and every Market Town Forty shillings; and the chief Officers of such places, whether they be Constables, Bayliffs, or others are, upon Request to them made, to mark and sign such Weights and Measures to any of the Kings Subjects, taking for the marking of every Bushel one peny; and none ought to sell with any other Weights or Measures, but such as are so marked. 8. H. 6. Ch. 5. 11. H. 7. Ch. 4. Wingate's Stat. Tit. Weights and Measures.

Maiors and chief Officers are, &c. are at least once every year to view all Mea­sures and Weights within their Jurisdi­ction, and break or burn them which they find defective, and also may inflict punishment upon the Offenders; for [Page 104] the first offence Six shillings Eight pence, for the second Thirteen shillings and Four pence, and for the third of­fence Twenty shillings; and besides, may adjudge them to the Pillory. Win­gate's Stat. Tit. Weights and Measures. 11. H. 7. Ch. 4.

CHAP. XXXVIII.

THe Constables, &c. of every Town, are to cause Night Watch to be kept from Ascension till Michaelmas, in their Towns, which Watch must con­tinue from Sun set to Sun rise, and may be by two or four men, according to the greatness of the Town. 13. E. 1. Ch. 4. Dalt. J. P. Ch. 60. fo. 140. Poul. Watch. 1.

These Watchmen are to apprehend all Strangers that pass by them in the Night, and must examine them; and if they find cause of suspicion in them, then they may keep them till the Morning; and if the parties refuse to obey the Ar­rest, then the Watchmen may levy Hue and Cry for the taking of the said [Page 105] Night-walkers; or the Watchmen may justifie the beating of them upon their resistance, and set them in the Stocks till the morning, and then if no suspicion be found in the parties, they may let them go quit: but if they find suspicion in them, then the Watchmen may deli­ver them to the Constable, who is to convey them to a Justice of Peace to be examined, and to be bound over, or com­mitted until they be acquitted accor­ding to due form of Law. Dalt. J. P. Ch. 60. fo. 140. & Ch. 109. fo. 292. 5. E. 3. 14. 5. H. 7. 5. a. Lamb. Office. Const.

These Watchmen are also to appre­hend Rogues, and Vagabonds, Night­walkers, Evesdroppers, Scouts, and such like, and such as go armed, &c.

And note, that these particulars fol­lowing have been held for Law con­cerning Watches.

First, That the Watch must be by men of able body, and sufficiently armed, and that no man is compellable to watch, except [...]e be an Inhabitant within the same Town.

Secondly, That such as are Inhabitants within the Town, are not compellable to watch at the will of the Constable, but [Page 106] only when their turn cometh, accor­ding to the use and custom of the place, which most commonly is by turn, or house.

Thirdly, If a man, who is compellable to watch, shall contemptuously refuse to watch, upon the command of the Con­stable; it hath been held, by some, that the Constable in such case, ex Offi­cio, may set the party in the Stocks for his contempt; but the safest way is for the Constable to present such person for his Default at the Assizes or Sessions of the Peace, or else to complain of him to a Justice of Peace, who may bind the offender to the good behaviou [...], and so over to the next Quarter Sessions, &c. Dalt. J. P. Ch. 60. fo. 141.

CHAP. XXXIX.

A Justice of Peace may direct his Warrant to the Sheriff, Bayliff, Constable, or other Officer, or to any other Indifferent person by Name, [Page 107] though he be no Officer, 14. H. 8. 16. Bro. Peace. 6. Dalt. J. P. Ch. 117. fo. 332.

A Warrant directed by the Justice of Peace to the Constable, or other sworn Officer, and to a Stranger who is no Officer, and the Warrrant is made to them joyntly and severally, and is delivered to the Stranger who executeth it, this is good enough: and if a War­rant from a Justice of Peace be direct­ed to two men joyntly to Arrest ano­ther, yet any one of them may do it alone. Cromp. 147. Dalt. J. P. Ch. 117. fo. 332.

If a Justice of Peace direct his War­rant to the Sheriff, he may by word command his Undersheriff, Bayliff, or other known and sworn Officer, to serve it without any Precept to them in wri­ting, and they upon such Command­ment of the Sheriff may lawfully do it. Lamb. 91. Bro. fx. Impris. 43. & Trespass. 339. Dalt. J. P. Ch. 117. fo. 332.

But if the Sheriff in such case do command a Stranger, who is neither his Servant nor Sworn Officer, then he must do it by Precept in writing, or otherwise an Action of false Imprison­ment [Page 108] lies for the Arrest. Dalt. J. P. Ch. 117. fo. 332.

Where a Warrant is directed by a Justice of Peace to the Sheriffs Bayliff, or his Servant, or to the Constable, or other private person to Arrest one, such person cannot command another to do it, neither by word nor writing, but must do it himself. Co. 9. Lib. Rep fo. 69. 14. H. 7. 9. b. 20. H. 7. 13. 21. H. 7. 14. Dalt. J. P. Ch. 117. fo. 332.

The Officer, to whom any Warrant shall be directed, ought with all speed and secrecie to seek and find out the party, and then to execute his said War­rant. Dalt. J. P. Ch. 117. fo. 332.

A sworn and known Officer ( [...]be he Sheriff, Undersheriff, Bayliff, or Con­stable) needs not to shew his Warrant to a man when he comes to serve it up­on him, although he demand it; but he who is no sworn Officer ought to shew his Warrant, upon demand, or other­wise the party may make resistance and not obey him; and a sworn Officer also upon the Arrest, though he will not shew his Warrant, yet he ought to ac­quaint the party with the contents there­of. M. 8. E. 4. fo. 14. a. Bro. fx. Impr. [Page 109] 23. Dalt. J. P. Ch. 117. fo. 332, 333. Co. 6. Lib. Rep. 54. & 9. Lib. fo. 68.

Note, That an Officer giveth suffici­ent notice what he is, when he faith to the party, I Arrest you in the Kings Name, &c. and in such case the party at his peril ought to obey him, though he knoweth him not to be an Officer; and if he have no lawful Warrant, the party grieved may have his Action of false Imprisonment against him. Co. 9. Lib. Rep. fo. 69. Dalt. J. P. Ch. 117. fo. 333.

If a Constable or other Officer Ar­rest a man for the Peace, or the like, be­fore that he have a Warrant, and then afterwards doth procure a Warrant (or a Warrant cometh after to him) to Ar­rest the party for the same cause, yet the first Arrest was wrongful, and the Offi­cer is subject to an Action of false Im­prisonment. Dyer fo. 244. Lamb. 93. Dalt. J. P. Ch. 117. fo. 333.

Where a Warrant is granted out against J. N. the son of T. P. and the Constable or other Officer takes J. N. the son of L. P. although he in truth be the same person that offended, and a­gainst whom the complaint was made, yet this Arrest is tortuous, and the Of­ficer [Page 110] liable to an Action of false Impri­sonment. 10. E. 4. fo. 12. Bro. fx. Impr. 38. Dalt. J. P. Ch. 117. fo. 333.

But it is said by some, that where Two or Three are known by the Name of J. R. of K. Yeoman, and upon a War­rant or other process granted out against one of them, another of them is Arrest­ed, in such case an Action of false Im­prisonment will not lye against the Of­ficer; tamen Quare hereof. 11. H. 4. fo. 90. 5. E. 4. fo. 51. Dalt. J. P. Ch. 117. fo. 333.

Where an Officer hath received a Warrant, he is bound to pursue the ef­fects of his Warrant in every behalf; or otherwise his Warrant will not excuse him of that which he hath done. Dalt. J. P. Ch. 117. fo 333.

The Constable, or other Officer, upon a Warrant from a Justice of Peace for Treason, Felony, 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 in such case he ought first to signifie the cause of his coming, and require them to open the Doors, be­fore he break them open. Co. 5. Lib. Rep. [Page 111] fo. 9. 7. E. 3. 19. Cromp. 171. Dalt. J. P. Ch. 78. fo. 204, 205. & Ch. 117. fo. 333.

If a Constable or other Officer hath arrested a man by vertue of his War­rant, which he hath from a Justice of Peace, and then taketh his promise that he will come to him such a day to go to the Justice with him, according to his Warrant (and so he letteth the party go) who comes not again at the day appoint­ed, in this case the Officer cannot take him again upon the same Warrant, be­cause he was suffered to go by the con­sent of the Officer; but if the party ar­rested had escaped of his own wrong without the consent of the Officer, in such case upon fresh suit he may take him again, and again so often as he escapeth, although he were out of view, or that he do flie into another Town, or County; and it is said that the Officer in such case, though the party be taken in another County after the Escape, yet he may bring the party before the Ju­stice on whose Warrant he was first Ar­rested. Cromp. 214. a. 148. 172. & 173. Dalt. J. P. Ch. 117. fo. 333. & Ch. 118. fo. 340.

By the opinion of the Court of the [Page 112] 14. H. 8. it was held there that a Justice of Peace cannot make a Warrant to ar­rest a Felon, unless he be Indicted of Felony, (or that the Justice himself hath a suspicion of the Felon) But if the Con­stable, or other Officer, shall serve such a Warrant, he may justifie the same, though the Justice did err in awarding thereof. 24. E. 3. 9. 14. H. 8. 16. Bro. Peac. 6. & fx. Impr. 8. & 9. Dalt. J. P. Ch. 117. fo. 331.

Note, That where a Justice of Peace doth make a Warrant for a matter wherein he hath Jurisdiction, though it be beyond his Authority, yet it is not disputable by the Constable, or other such Officer, but must be obeyed and ex­ecuted by them; as if the Justice shall make a Warrant to Arrest one for the Peace, or good behaviour, &c. with­out any cause, the Officer shall not be punished for executing the Warrant: But if a Justice of Peace shall make his War­rant to do a thing out of his Jurisdicti­on, or in a Cause wherein the Justice is not Judge, then if the Officer shall execute such a Warrant he is punishable for it; for the Officer is not bound to obey him who is not Judge of the Cause, [Page 113] no more than he is bound to obey a meer Stranger; and so note that the Officer is bound at his peril to take notice of the Authority and Jurisdiction of the Judge. See Plo. Com. 394. b. 22. Ass. fo. 64. 14. H. 8. 16. Lamb. 67. 94. Co. 10. Lib. Rep. fo. 76. Cromp. 74. Bro. fx. Impr. 8. Dalt. J. P. Ch. 117. fo. 334.

If any shall abuse the Justice of Peace his Warrant, by casting it into the dirt, treading it under feet, burning it, &c. for such contempt the party may be bound to his good behaviour, and may also be Indicted and Fined for the same, for it is the Kings Process. Cromp. 149. Dalt. J. P. Ch. 117. fo. 334.

Where Hue and Cry either by the Common Law, or by force of any Statute is levyed upon any person, the Arrest of such person is lawful, although the cause of the Hue and Cry be Feigned; and if the Cause be Feigned, he that Levies the same shall also be Arrested, and shall be Fined and Imprisoned; but common Fame and voyce is not sufficient to Ar­rest a man in case of Felony, unless a Fe­lony be done indeed. 29. E. 3. 9. 38. E. 3. 6. Co. 3. Part. Inst. fo. 118. 21. H. 7. 28. a.

CHAP. 1.

1. IT is said by some Histori­ans, that Dionysins in the year of our Lord 267. di­vided both in Rome and other places, Churches, Church-yards, and Parishes to Curates, and Diocesses to Bishops, and this was about 87. years after Britain had re­ceived the Christian Faith: For though Historians do not all agree when the Christian Faith was first planted here, yet it is thought by most of them to be in the [Page 120] Raign of King Lucius, about the year of our Lord 180. but how long after it was before these Officers called Churchwar­dens were appointed, it cannot certainly be known; but Mr. Lambert and other Authors do agree, that they are very antient Officers, and by the antient com­mon Law they were, and are still to take care, see to, and preserve the Goods of the Church, viz. the Church Books, Communion Cups, &c. and other decent Ornaments and furniture of the Church, which they do find there at their com­ing into the Office.

2. As to the choyce of these Offi­cers it is appointed by the Book of Can­nons, printed in the first year of King James, An. Dom. 1604. That all Church­wardens, Questmen, Sidemen, or Assi­stants in every Parish shall be chosen by the joynt consent of the Minister and the Parishioners, if it may be: But if they cannot agree upon such a choyce, then the Minister shall choose one, and the Parishioners another; and without such a joynt or several choyce, none shall take upon them to be Churchwar­dens, neither shall they continue any longer then one year in that Office, ex­cept [Page 121] perhaps they be chosen again in like manner; and these Officers are to be yearly chosen in Easter-week. Can. 89, 90.

But note, where there is an antient custom in any Parish for the choyce of Churchwardens contrary to this Canon, in such case the custom is to be observed before the Canon, as appears by several Cases hereafter mentioned.

4. If the Parishioners of a Parish have used time out of mind, &c. to elect one Churchwarden, and the Vicar ano­ther, and afterwards a Canon is made that the Vicar shall elect two, and he doth so accordingly, and the Parishio­ners elect one according to their custom and the Ordinary disallows him, and establisheth the other two elected by the Vlcar; in this Case a prohibition shall be granted. P. 5. Jac. B. R. the Pa­rishioners Case of Rovenden in Kent. Rolls Cases 2. Part. fo. 287.

5. A Prohibition was▪ granted a­gainst a Churchwarden chosen by the Parson of St. Magnus nigh London-bridge, by force of a Canon, upon a surmise that the Parish had a custom to choose two Churchwardens, Tr. 7. Ca. 1. B. R. bet. [Page 122] Shirlye & Browne, Rot. 1391. Rolls Cases, 2. Part. fo. 287. The like against a Churchwarden chosen by the Parson of Alhallows, London, P. 17. Jac. B. R. War­ [...]ers Case, & P. 5. Jac. the Parishioners of Walkbrooks Case in London. Cro. 2. Part. Rep. The like against a Churchwarden chosen by the Parson of St. Thomas in London, P. 15. Car. 1. B. R. Evelins Case, Cro. 3. Part. and the like granted between Draper and Stone for Abchurch in London, P. 4. Car. 1. B. R. Rot. 420. Rolls Cases, 2. Part. fo. 287.

6. An Attorney cannot be made a Churchwarden: if he be put in & refuse, and so be sued in the Spiritual Court, he may have a Prohibition; P. 14. Car. 1. B. R. Wilsons Case, & Tr. 15. Car. 1. B. R. Barkers Case. Roll's Cases, 2. Part. fo. 272.

7. By the Stat. 15. Car. 2. All Vestry men, or those who are members of any Vestry within any Parish in the Cities of London and Westminister, Borough of Southwark, and Weekly Bills of Morta­lity, and in all other Cities, Boroughs and Towns Corporate, where Select Vestries are used in the Kingdom of England, are within one month after their Election, before the respective [Page 123] Archbishop, Bishop, or Ordinary, Vi­car General or Chancellour of the Di­ocess to make and subscribe as follow­eth:

I A. B. do declare that it is not lawful up­on any pretence whatsoever, to take up Arms against his Majesty. And that I do abhor that traiterous Position of taking Arms by his Majesties Authority against his per­son, or against those that are Commission­ated by him. And that I will conform to the Liturgie of the Church of England, as it is now established. And I do declare, that I hold there lies no obligation on me, or on any other person from the Oath commonly cal­led The Solemn League and Covenant, to endeavour any change or alteration of Go­vernment either in Church or State; And that the same was in it self an unlawful Oath, and imposed upon the Subjects of this Realm, against the known Laws and Liber­ties of this Kingdom. 15. Car. 2. Ch. 5.

8. He that refuses this Subscription within the time aforesaid, is ipso facto de­prived of such his place of Vestryman, and a new one to be chosen; and if such new one refuse also, or if such person who shall have right of Election, shall not proceed to Election within one [Page 124] Month after such vacancy, then the re­spective Archbishop, Bishop or Ordina­ry of the Diocess may under his Hand and Seal elect and nominate a discreet person of the respective Parish, who after Subscription within the time afore­said is to stand. 15. Car. 2. Ch. 5. This Act is to continue till the end of the first Session of the next Parliament.

CHAP. II.

9. THese Officers are diligently to see that all the Parishioners duly resort to their Parish Church upon all Sundays and Holydays, and there con­tinue the whole time of Divine Service, and none to walk or stand idle, or talk­ing in the Church, Church-Yard, or Church-Porch during that time; and all such as shall be found slack or neg­ligent in resorting to the Church (ha­ving no great or urgent cause of ab­sence) they shall earnestly call upon them, and after due admonition, if the [Page 125] amend not, they must present their Names to the Ordinary of the place. 5. 6. E. 6. Ch. 1. Canon 19. 90. 111.

10. If the Churchwardens find any person absent from the Church upon Sundays or Holydays, in the time of Di­vine Service, Preaching, or other holy Exercise, such person is to pay 12 d. to the use of the Poor; and this extends as well to all Women Covert, as to other persons: or the Churchwardens, if they please, may present such person in the Ecclesiastical Court. But note that none are to be punished twice for one of­fence, so that they must not pay their twelve pence, and be presented too. 1. El. Ch. 1. Hobbart's Rep. fo. 97.

11. And if they find any Tipling in an Inn or Alehouse, &c. then, besides the twelve pence for being absent from the Church as aforesaid, they forfeit three shillings four pence more for Tip­ling, and the Master of the House ten shillings for suffering them to Tipple; which forfeitures are to go to the use of the Poor. 4. Jac. Ch. 5.

12. The Churchwardens or Quest­men are to suffer no Plays, Feasts, Ban­quets, Suppers, Church Ales, Drink­ings, [Page 126] Temporal Courts or Leets, Lay Juries, Musters, or any other profane usage to be kept in the Church, Chappel, or Churchyard; neither the Bells to be rung superstitioufly upon Holydays, or Eves abrogated by the Book of Com­mon Prayer, nor at any other times, without good cause, to be allowed by their Minister of the place and by them­selves. Canon 88.

13. Neither the Minister, Church­wardens, nor any other Officers of the Church, shall suffer any man to preach within their Churches or Chappels, but such as by fhewing their Licence to preach shall appear unto them to be suf­ficiently▪ Authorized thereunto: And the Churchwardens or Questmen are also to see that in every meeting of the Con­gregation the Peace be well kept, and that all persons excommunicated, and so denounced, be kept out of the Church. Canon. 50. 85.

CHAP. III.

14. NOte, that the Law doth make of these Officers a kind of a Corporation, viz. Persons enabled by that name to take moveable Goods or Chattels, and to sue and to be sued at Law concerning such Goods for the use and profit of their Parish; for the pro­perty of the Goods of the Church is in them, and they are by that Name ena­bled to take them for the use and pro­fit of the Parish: and therefore a man may well in his lifetime, or by his last Will, give or grant Mony, or other moveable Goods to the Churchwardens, or Parishioners of such a Parish, for the Reparations of the Church, or for buy­ing of Books, Communion Cups, Linnen Cloths, or other decent Ornaments or furniture for the Church. 12. H. 7. fo. 27. Finch's Law. Lib. 2. Ch. 17. pag. 178. Kitchin. pag. 278. a.

15. But they cannot take an Estate of Lands to them by Name of Churchwar­dens [Page 128] only, for if a Feoffment be made to the use of the Churchwardens of D. this is avoid use, for they have no ca­pacity to take such Purchase. Finch. Lib. 2. Ch. 17. pag. 179. Rolls Cases, 1. Part. fo. 393.

16. Neither can they prescribe to have Lands to them and their Succes­sors; for they are no Corporation to have Lands, but for Goods for the Church only. P. 37. El. C. B. Longley & Meredines Case. Rolls Cases, 1 Part. fol. 393.

17. If a Man buy a Bell, and hang it up in the Steeple, or make a Pew and set it up in the Church, though he make neither words nor writing hereof, yet by this the Bell and Pew are so dedica­ted to the Church, that the party that did owe them, can never have them a­gain; for if they should come to remove them, the Churchwardens might sue them for it. 8. H. 7. 12. 10. H. 4. fol. 9. Kitchin. pag. 277. a.

18. They can have no action at Com­mon Law to recover any Goods of which they never had the possession: But if the Churchwardens be once possessed of any Goods, or Ornaments belonging [Page 129] to the Church, and afterwards, the same things are taken from them, then they have the same remedy for the things, as other men have for the goods taken from them: And therefore if such Goods be stoln, they may have an Appeal of Ro­bery, and if they be otherwise taken a­way or abused; as if a Bell be broken, or the like,. the Churchwardens may have an Action against him that doth it: and in this Action they recover Damages to the use of the Parish, and not to their own use. Tr. 8. E. 4. fo. 6. b. 37. H. 6. 32. Finch. Lib. 2. Ch. 17. pag. 178, 179. Abr. Dass. fol. 76. Kitchin. pag. 277. b. & 278. a.

19. And it seems also, that the party that doth steal or take away any Goods belonging to the Church may be punish­ed for it as for a sacrilegious offence: And observe, that if the Churchwar­dens from whom the Goods were taken be out of their Office, their Successors, as it seems, may sue for, or recover the same, or damages for them to the use of the Parish▪ Vide M. 31. & 32. El. B. R. Hadman & Kingwoods Case. Cro. Rep. 3. Part.

20. But note, That the Churchwar­dens [Page 130] have no such property in the Goods of their Church, as thereby to have power to give, sell, release, hurt or im­pair them, without the assent of the Side­men or Vestry. Vide 38. El. Methold & Winnes Case. Rolls Cases. 1 Part. fo. 393. and see Hil. 7. Jac. B. R. in Starkie & Bartons Case. Cro. Rep. 2. Part. & vide 13. H. 7. 9.

21. If the Churchwardens shall give or impair the Goods in their custody, the Parishioners may choose new ones, who may have an Account against their Predecessours. 8. E. 4. fo 6. b. Finch. Lib. 2. Ch. 17. pag. 179.

22. If the Organs be taken out of the Church, the Churchwardens may have an Action of Trespass for the same, for the Organs belong to the Parishioners, and not to the Parson; and therefore the Parson cannot sue such party in the Ecclesiastical Court that took them. Tr. 12. Jac. B. R. per Curiam. Rolls Cases 1. Part. fo. 393.

23. But if the Walls, Windows, or Doors of the Church be broken down, or the Trees in the Churchyard be cut down, or the Grass thereof be eaten up, the Parson or Vicar, and not the [Page 131] Churchwardens shall have an Action for it, for they are a Corporation only as to moveable Goods, and see 8. H. 6. fo. 9. where the Parson brought an Action of Trespass for breaking and en­tring into his house and close, which was the Church and the Churyard. 10. H. 4. fo. 9. 21. H. 7. fo. 21. & Parson's Law, pag. 191.

24. The Churchwardens, by the assent and agreement of the Parishioners, may take a ruinous Bell, and deliver it to a Bell-founder, and agree with him that he shall have four pounds for cast­ing it, and that he shall retain the same till the four pounds be paid: and such Agreement of the Parishioners shall ex­cuse the Churchwardens in a Writ of Account brought against them by their Successors Churchwardens. M. 37, 38. El. B. R. Methold & Winnes Case. Rolls Cases. 1. Part. fo. 393.

25. If a Presentment be made by the Churchwardens in the Ecclesiastical Court, That J. S. one of the Parishi­oners is a Railer and a Sower of Dis­cord amongst his Neighbours, a Prohi­bition lies in such case; for this belongs to the Leet, and not to the Spiritual [Page 132] Court, unless such Railing were in the Church, or such like place. M. 16. Jac. C. B. Rot. 716. Smith & Pannel's Case. Hobarts Rep. fo. 246. Rolls Cases. 2. Part. fo. 286.

26. If the Churchwardens of a Church sue in the Ecclesiastical Court for a way to the Church, which they claim to belong to all the Parishioners by Prescription, in such case a Prohi­bition will be granted, for this is a temporal cause. P. 16. Jac. B. R. between the Churchwardens of Bythorn & Bow, Rolls Cases. 2. Part. fo. 287.

27. If the Churchwardens of C. sue in the Ecclesiastical Court. J. S. for that he, and all those whose Estate he hath in such an House, &c. at the per­ambulation of the Parishioners of the Parish, did use to find a refreshing for them (to wit) Bread and Ale, and suffer them to rest there; here a Pro­hibition shall be granted, for that they claim it in nature of a Corrody; and if that should be suffered, a great inconvenience would ensue, M. 13. Jac. B. R. The Churchwardens of Ʋf­fington's case in Barkshire, Hil. 15. Car. [...]. B. R. The like Prohibition prayed [Page 133] in one Lock's case, which was referred to Justice Jones. Rolls Cases 2. Part. fo. 287. The like Prohibition granted in one Reynold's Case. Mores Rep. fo.—

28. If the Churchwardens of a Church sue in the Court Christian J. S. supposing by their Libel, that he and all those who had an Estate in certain Lands adjoyning to the Churchyard have used time out of mind to repair so much of the Fences of the Churchyard, which were next adjoyning to the said Land, in this Case a Prohibition will be granted; for this ought to be tryed at the com­mon Law, in so much as that it doth charge a Temporal Inheritance; M. 14. Car. 1. B. R. the Churchwardens of Clay­don and Duncombe's Case, Rolls Cases. 2. Part. fo. 287.

CHAP. IV.

29. THese Officers are to look to the repair of the Seats in the Church, but the disposing of the Seats in the bo­dy [Page 134] of the Church, belongs of common Right to the Ordinary of the Diocess, so that he may place and displace whom he pleaseth, except in some cases: Rolls Cases, 2. Part. fo. 288.

30. For if a Man and his Ancestors, and all those whose Estate he hath in a certain Messuage, have used time out of mind, &c. to repair an Isle of the Church, and to sit there and none else, the Ordinary in such case cannot dis­place him; for if he do, a Prohibition lies, because he hath it by a Prescription for a reasonable consideration. M. 10. Jac. C. B. Pimme's case, per Curiam, Rolls Cases. 2. Part. fo. 288.

31. If a man prescribe that he and his Ancestors, and all those whose E­state they had in a certain Messuage, did use to sit in a certain Seat in the body of the Church, time without mind, &c. in consideration that he and they, &c. have used time out of mind, to repair the said Seat, if the Ordinary remove him from such Seat, a Prohibition may be brought; for the Ordinary hath no power to dispose of it, for it is a good Prescription, and by intendment there hath been a good consideration for the [Page 135] commencement of such Prescription. Tr. 12. Jac. C. B. Crosses case, M. 13. Jac. C. B. Laugh & Hussyes case. & M. 13. Jac. C. B. Boothby & Dayes case, Rolls Cases. 2. Part. fo. 288.

32. But if a man prescribe to have a Seat in the body of the Church gene­rally, without consideration to repair the same, then the Ordinary in such case may displace him, M. 11. Jac. B. R. per Curiam & M. 13. Jac. C. B. inter Bootby & Bayly, Hobart's Rep. fo. 69. Rolls Cases. 2. Part. fo. 288.

33. The Ordinary hath nothing to do with the Seats in the Chappels belonging to the houses of Noblemen; Tr. 12. Jac. C. B. Rolls Cases. 2. Part. fo. 288.

34. But if a Layman by the dissoluti­on of Monasteries hath a Monastery in which there is a Church, parcel of it, and he suffers the Parishioners for a long time to come to it, and do Divine Service, and to use it as their Parish Church, this (unless for all the whole time the party hath used to place men in their Seats himself) shall give Juris­diction to the Ordinary to order the Seats; for that now in fact is the Parish Church, although that before it were not [Page 136] subject to the Ordinary. Tr. 12. Jac. C. B. Buzard's case, Rolls 2. Part. fo. 288, 289.

35. If there be a custom in a Parish, that twelve of the Parishioners may choose Churchwardens, which Church­wardens have power by the custom to repair the Seats and make new ones in the body of the Church, and to appoint what persons shall sit in them; and the Churchwardens so elected do erect a new Seat in the body of the Church, and appoint a certain man to sit there, and and afterwards the Ordinary decrees that another shall have the Seat; here a Pro­hibition lies: For the custom hath fixed the power of disposing the Seats in the Churchwardens, P. 16. Jac. B. R. Brabin and Tredennick's case for a Seat in Breock Church in the County of Cornwall: but the reason, of granting the Prohibition in this case, was partly because that the Sen­tence of the Ordinary was that Treden­nick should have the Seat to him and his Heirs, and that none should disturb him in pain of Excommunication, which is unreasonable, and by such Sentence he and his Heirs should have it, though they were no Inhabitants within the same Parish. Rolls Cases. 2. Part. fo. 289.

CHAP. V.

36. THese Officers are to see that the Church and Churchyard be well repaired and kept clean: and they are to provide Books of Common Prayer, Books of Homilies, a Parch­ment Book for registring Christnings, Weddings and Burials in, Fonts, Pulpits, Tables, Chests for Alms, Communion Cups, Ornaments and other Furniture, and a Chest with Three Locks and Keys for putting the same in: and they are also to provide Bread and Wine for the Sa­crament according to the number of the Communicants. And for these purposes they may rate the Parish for mony to do it, for which see 37. H. 6. 30. 11. H. 4. 12, 11. H. 7. 27. 12. H. 7. 10. F. N. B. 54. 91. Canon 20. 70, 80, 81, 82, 83, 84, 85.

37. Upon making of Rates for Repa­rations, &c. they are to be done by the Churchwardens with the Assent of the greater part of the Parishioners, and upon a general warning given before [Page 138] they assemble for that purpose; and note, that the Ecclesiastical Court hath cogniz [...]nce of the Reparation of the bo­dy of the Church. See Jeoffry's case. Co. 5. Lib. Rep. fo. 67. & Rolls Cases. 2. Part. fo. 289. M. 31, 32. El. B. R.

38. If a man stay and inhabit in one Parish, and have Lands in another Pa­rish which he occupies there, he may be charged for such Lands for the Repa­ration of the Church of the Parish where the Lands lye: because he may come there when he pleases, and he is to be charged in respect of the Lands. Co. 5. Rep. fo. 67. M. 31. & 32. El. B. R. Jeof­fry's case, & Tr. 11. Jac. C. B. Andrews case, per Curiam. Rolls Cases. 2. Part. fo. 289.

39. But if an Inhabitant of a Parish Lease out his Lands which he hath in another Parish, reserving Rent, then he shall not be charged in the Parish where the Land lies in respect of the Re [...], be­cause there is a Parishioner and Inhabi­tant which may be charged. Co. 5. Rep. fo. 67. b. M. 5. Jac. C. B. Rolls Cases 2. part. fo. 289. and see P. 41. El. B. R. Pa­get and Crumpton's case. Cro. Rep. 1. Part. fo.

[Page 139]40. Neither can a Man who Inhabits in one Parish, and occupies Lands in another Parish, be charged in that Pa­rish where the Lands lie for the Orna­ments of that Church according to his Land; for the Inhabitants only ought to be rated for them, and so it was adjudg­ed by the Court, M. 20. Jac. B. R. Rolls Cases. 2. Part. fo. 291. Winches Rep. fo. per Yelverton.

41. Neither can a Man be charged in the Parish where he doth inhabit for the Lands which he occupieth in ano­ther Parish, towards the Reparation of the Church in the Parish where he liveth; because then he might be twice charged, for he may be charged in the Parish where the Land lies, as is shewed before, Sect. 38. P. 16. Jac. B. R. Sir Wil­liam Butler Vers. Rolls Cases. 2. part. fo. 289. Co. 5. Rep. fo. 67.

42. If a petty Chapman take a Stall in the waste of a Mannor for Rent, with­in the Market for two or three hours every Market day to sell his commodi­ties, the Market being held there one day every week, but he inhabits in ano­ther Parish, here he cannot be rated to the Reparation of the Church for such [Page 140] Stall or Standing. M. 20. Jac. B. R. be­tween Holms and the Churchwardens of Kettering in Northamptonshire, resolved, and a Prohibition granted accordingly. Rolls Cases. 2. Part. fo. 289.

43. If a Citizen of London build an house in the Parish of A. and inhabit there in the time of Sickness in London, and hath not any Land in the Parish, and afterwards he is assessed 20 s. for the Reparation of the Church, where others that have an 100 Acres of Land in the same Parish pay but 6 d. yet not­withstanding no Prohibition lies in this case in the Court Christian, because they have the Jurisdiction of the thing, and therefore he must be ordered accord­ing to their Law. M. 5. Jac. C. B. Sir Ro­bert Ley's case. Rolls Cases. 2. Part. fo. 289.

44. If there be a Chappel of Ease within a Parish, and one part of the Parish have used time out of mind, &c. to repair the Chappel themselves with­out the rest of the Parishioners, and there to hear Service, and Marry, and all other things, but only that they bury at the Mother Church; here notwith­standing they shall not be discharged [Page 141] of the Reparation of the Mother Church, but must contribute to it; for the Chappel was ordained only for their ease. M. 13. Jac. C. B. between the Churchwardens of Ashton and the Inha­bitants of Castle Bromage. Rolls 2. Part. fo. 289. & Hob. Rep. fo. 66.

45. If all the Parishioners in the Parish are not rated, but some are, and some are not; and those who are rated are sued in the Ecclesiastical Court, yet they cannot have a Prohibition but must plead this matter in the Spiritual Court. M. 11. Jac. B. R. per Curiam. Rolls Cases. 2. Part. fo. 291.

46. If the greater part of the Parishi­oners of a Parish, where there are four Bells, agree that there shall be made a fift Bell, and it is made accordingly, and they make a Rate for payment for it; this shall bind the remainder of the Parishioners, although they did not a­gree to it; for otherwise any obstinate persons might hinder any thing intend­ed, and what is fit for the Ornament of the Church. M. 2. Car. 1. B. R. Rolls Cases. 2. Part. fo. 291.

47. Note, That a man ought to be rated according to his personal Estate, [Page 142] and not according to his Lands for the Ornaments of the Church. M. 20. Jac. B. R. Rolls Cases. 2. Part. fo. 291.

48. These things hereafter mention­ed are accounted Church Reparations, viz. the Walls of the Church and Church Steeple, the Churchyard Walls of Stone or Brick, the Windows of Stone or Brick, and the Barrs of Iron and Glass, the Roof of Timber, with Laths, Nails, Prigs, Dogs, and Bolts of Iron, the covering of Lead, Tile, Slates, or Shingles, the Floor with Stone or paving Tile, the Doors of Timber with Locks, Keys, Ridges, Hooks and Nails, the furniture of the Steeple with Stairs, Floors, Bells, Wheels and Ropes, the Pulpit and the Pews or Seats, not made by private men, and all these are to be performed by Land Rate, &c. though the occupier lives in another Parish, as, afore-shewed.

49. But these hereafter mentioned are not properly Church Reparations, viz. the Communion Table, with the Coverings thereof, the Communion Cups, the Bread and Wine for the Com­municants, the Bible and other Books appointed to be in Churches, the wash­ing [Page 143] of the Communion cloths, the Can­dles for the Lecture days, the Surplace, the Pulpit Cloth and Cushion, the Clerk and Sextons wages, and expences of the Churchwardens and Sidemen at the Vi­sitation; and therefore all these are to be performed Ratably by the Inhabi­tants of the Parish, and not by out dwel­lers.

CHAP. VI.

50. IF any of their own authority shall wilfully disturb any Minister in his Preaching or Reading of Divine Ser­vice, the Churchwardens or Constables may of their own Authority apprehend such persons, and bring them to a Justice of Peace to be dealt with according to Law. 1. Mar. Ch. 6. See The Constables Guide, Chap. Disturbing of Ministers, &c.

51. These Officers are to joyn with the Overseers of the Poor in the execu­tion [Page 144] of their Office, for they have an equal Authority and charge with them in the execution of the whole Office; therefore see afterwards in the Office of Overseers of the Poor, Ch. 1.

52. If a Rogue be brought to these Officers, they must receive him and look to him, or forfeit 5 pound, and be bound to the good behaviour, Stat. 39. El. See Constables Guide, Chap. Rogues, &c.

53. These Officers, by Warrant from a Justice of Peace, may levy the for­feiture for Cursing and Swearing, which is twelve pence upon the Offenders Goods, 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. See Constables Guide, Ch. Swearing, &c.

54. If any forfeiture be by any of­fence about killing Hares, Pheasants or Partridges, and the Justice of Peace force the payment thereof to these Of­ficers, they are to see it imployed to the use of the Poor of the Parish. 1. Jac. Ch. 27.

55. These Officers are to present the Offences against the 1. Jac. for suffer­ing Tipling and Drunkenness, and selling by unlawful measure, and are to execute the Warrants from the Justices con­cerning [Page 145] the same, 1. Jac. Ch. 9. 1. Car. 1. Ch. 4. 21. Jac. Ch. 7. 4. Jac. Chap. 5. See Constables Guide. Ch. Alehouses, &c.

56 These Officers also are to execute the Warrants against such as profane the Lords Day by Sports, &c. 3. Car. 1. Ch. 1. & Ch. 22. See Constables Guide. Ch. Profanation of the Sabbath.

57. These Officers also are to exe­cute the Warrants against such as de­stroy Fish unlawfully. 3. Jac. Chap. 12. See Constables Guide. Ch. Fish, &c.

58. These Officers are also to joyn with the Constables, in the making of Rates for the Relief of poor maimed Souldiers and Mariners, and for con­veying Prisoners to the Gaol, and to execute the Warrants for the same; 43. El. 14. El. Ch. 5. 3. Jac. Ch. 10. See Con­stables Guide. Chap. Quarter Moneys, & Chap. Conveying Prisoners to the Gaol.

59. These Officers are also to joyn with the Constables in the choosing of Surveyors for the High-ways, and in the setting down of days for the work, and in the over-sight of the High Con­stables Account for the Monies they do receive upon any forfeiture about the High-ways; and they may also with the [Page 146] help of two Justices of the Peace (Quor. unus) force High Constables that have received any monies forfeited for de­fault of High-ways, to account for it, and pay in, what is in their hands to be imployed about the High-ways; and these Officers also are to execute the Justices Warrants for all such penalties about cleansing the streets and repairing High­ways, as are forfeited by the 14. Car. 2. Ch. 2. vide 2. 3. P. & M. Chap. 8. See Constables Guide, Ch. High-ways.

60. These Officers have equal Au­thority with the Constables or Over­seers of the Poor, about the seizing of forein Cattel imported into England, &c. 18. Car. 2. Ch. 2. See Constables Guide, Ch. Irish Cattel.

61. These Officers, together with the Overseers of the Poor, are to execute the Justices Warrant for levying the pe­nalty of five pound upon the parties Goods that is not buried in Woollen, which penalty is to be imployed to the use of the Poor of the Parish, where such party is buried. 18. Car. 2. Ch. 4.

62. These Officers in the several Parishes within the Cities of London and Borough of Southwark, &c. upon every [Page 147] Tuesday or Wednesday in Easter week, together with the Constables, Over­seers of the Poor and Surveyors of the High-ways of every Parish respe­ctively, or the greater number of them, giving notice unto, or calling together such other Inhabitants of their respective Parishes, as have for­merly born the like Offices, they or the greater number of them are to make choyce of, and shall nominate and appoint two or more able per­sons, that are Tradesmen of their Pa­rish, to be Scavengers for the Streets, Lanes, and other open passages of each Ward or Division within the said Pa­rish for the year then next following, and until others be chosen and setled in their places. 14. Car. 2. Ch. 2▪

CHAP. VII.

63. ALl Churchwardens at the end of their year, or within a moneth after at the most, are before the Minister and Parishioners to give up a Just Account of such Monies as they have received, and also what particular­ly they have bestowed in Reparations, or otherwise for the use of the Church: And last of all, going out of their Of­fice, they must truly deliver up to the Parishioners whatsoever Monies or other things of Right belonging unto the Church or Parish which remains in their hands, that it may be delivered over by them to the next Churchwardens by Bill Indented. Vide Canon 89.

64. And if they refuse to do this, they may be presented at the next Visitation Court for it, or the succeeding Church­wardens may have an Action of Ac­count against them by the Common [Page 149] Law, and compel them to give an Ac­count, and answer for their doings during the time of their Office; And if they have done the Parish any wrong, to make amends and satisfaction for the same to the use of the Parish for the harm it hath received by their default: And in this Account the old Officers shall have allowances for all the need­ful Sums of Mony laid out or spent by them, either upon the Reparations of the body of the Church, Tower, or Bells, &c. or for Relief of the Prison­ers in the Gaol, or otherwise where the Law doth injoyn them to pay or disburse any mony. Vide 8. E. 4. fo. 6. b.

65. Now as touching the Church­wardens presentments. Note, That no Churchwardens, Questmen or S [...]demen of any Parish shall be inforced to exhi­bit their presentments to any having Ec­clesiastical Jurisdiction, above once in every year, where it hath been no oft­ner used, nor above twice in any Dio­cess whatsoever, except it be at the Bi­shop's Visitation; for the which Pre­sentments of every Parish, Church, or Chappel, the Register of any Court where they are to be exhibited, shall [Page 150] not receive in one year above four pence, under pain for every offence therein, of suspension from the execution of his Office for the space of one month toties quoties, but the Churchwardens may voluntarily upon their own Ac­count present oftner if they please. Ca­non 116.

66. But no Churchwardens, Quest­men or Sidemen, shall be called or cited, but only at the said time or times before limited, to appear before any Ecclesi­astical Judge whatsoever, for refusing at other times to present any faults com­mitted in their Parishes, and punishable by Ecclesiastical Laws; neither shall they, nor any of them, after their Pre­sentments exhibited, at any of those times be any further troubled for the same, except upon manifest and evident proof it may appear, that they did then wil­lingly and wittingly omit to present some such publick crime or crimes as they knew to be committed, or could not be ignorant that there was then a publick fame of them, or unless there be very just cause to call them for the Explana­tion of their former Presentments; In which case of wilful omission, their Or­dinaries [Page 151] shall proceed against them in such sort, as in causes of wilful perjury in a Court Ecclesiastical it is already by Law provided, Canon 117.

67. Note, That one of the two times for Presentments is always to be a­bout a Week or a Fortnight after Ea­ster, at which time also the old Church­wardens are to leave the Office, and new ones are to come in; but the new ones are not to be sworn till the old ones have given in their Presentment, and every Parson or Vicar, and in the law­ful absence of the Parson or Vicar, then their Curates and Substitutes are to joyn in every Presentment with the Church­wardens, Sidemen, and Questmen; and if the Churchwardens, &c. refuse to pre­sent, then every such Parson and Vi­car, or in their absence, as aforesaid, their Curates may themselves present to their Ordinaries at all such times, and when else they think meet. Canon 113, 118.

68. The Heads of the Articles, most commonly exhibited to the Churchwar­dens to make their Presentments upon, are as followeth;

69. Whether their Church and Chancel, [Page 152] Bells and Ropes be good and well repaired, and the Ten Commandments, Lords, Prayer, and Creed, drawn out in fair Letters, the Kings Arms set up, Assessments made for the Repair of the Church, and who refuses to pay? If they have a Font, Communion Table, Carpit, Tablecloth, Flaggons with Cups and Cover for Bread, and Wine, Read­ing Desk, Pulpit with a Cushion and Co­vering fit for it, a Common Prayer Book of the largest Volume; and the Bible of King James's Translation in folio, with a Book of Homilies, and Book of Canons, and a Sur­plice? If the Tombes, Monuments and Grave-Stones be safely kept from removing and breaking; a Book of Parchment for Registring, Christnings, &c. A chest with three Locks to put the same and the Church Ornaments in, with a Box for Alms, and a Table of Degrees prohibited in Marriage, set forth 1563. hung up in the Church? And if the Parsonage house and out houses be in good repair; and the Churchyard well fen [...]ed to keep out Swine, &c?

70. Then, Whether their Parson, Vicar, or Curate, read the Common Prayer at Morn­ing and Evening Service, wear his Surplice, bid Holydays, Preach every Sunday, or read a Homily, Catechise, observe the 5. No­vember, [Page 153] 30. Jan. and 29. May, and keep Perambulations, preach sound Doctrine, and vent no Sedition against the King or Go­vernment, Celebrate the Lords Supper three times every year at least, whereof at Easter for once; Baptize Infants with Godfathers and Godmothers, visit the sick, and pray with them, Bury the Dead according to the Book of Common Prayer, Marry none Clandestinely, Preach in his Gown, be a man of a sober and chaste life, a Peace-maker amongst his neigh­bours, and one th [...]t takes care to reduce Secta­ries, Popish Recusants, Separatists and Refra­ctory persons to the Obedience and Doctrine of the Church, and reads the Book of Canons to the People at least once every year, and the 39. Articles twice every year, according to his Majesties Letters published 1662?

71. Then, Whether all their Parishioners of due Age, resort to the Church to Divine Service, behave themselves Reverently there, Kneel, Stand up, and make Answer according to the Rubrick of the Common Prayer Book? Whether any work, or sell wares on Sun­days or Holydays, or Vintn [...]rs, Victualers, Innkeepers, or others, receive any into their houses to tipple on those days? Whether any Marry within the prohibited Degrees, be Adulterers, Fornicators, Blasphemers, [Page 154] Swearers, Drunkards, or Sorcerers; and if all above sixteen years old receive the Lords Supper at least three times every year, Ea­ster to be one? and whether any keep their Children unbaptized, Women after Deli­very in due time come not to be Churched, or any bring not their Dead to be buried af­ter the Service of the Church, keep Con­venticles, have been married without Banes or Licence at unlawful hours? and whether their Almshouses, Hospital, School, or Spit­tle, if they have any be well and godlily used, or any thing detained from it? What L [...] ­gacies given to pious uses; and if the Parishi­oners be placed in Pews or Seats, without of­fence or contention?

72. And lastly, Whether their Parish Clerk and Sexton (if they have any) be duly chosen, can write and read, be of an honest life, and make the Responses to the Hymns and other Suffrages? and if the Schoolmaster and Ʋsher, Physician, Chyrurgeon, or Midwife, (if they have any of them) teach or pra­ctise without Licence? if the Churchwardens be duly chosen in the Week after Easter, by the Parson and Parishioners, according to the Canon or Custom? and if the old Church­wardens have been diligent to keep the Church in good Repair, to preserve all the Furni­ture [Page 155] thereof, and walk out of the Church usually about the middest of Divine Service, to see who are abroad in the Alehouse, or elsewhere absent or evilly imployed?

73. These are the heads of most of the Articles that are inquired of at the Visitation Courts; but it is probable there may be some small alteration, ac­cording to the use of the several Dio­cesses in several places.

CHAP. I.

1. THis Office of Overseers of the Poor, is a Name and Office of great Excellen­cy and Antiquity, and may beseem the best and not the meanest men in a Parish; for this is not the least Office, to be called Overseers of the Poor; for as God himself hath a special respect to the miseries of the Poor, so they be like God which provide for the necessities of the Poor.

[Page 158]2. Now it is certain, that the Anti­quity of this Office is of above sixteen hundred years standing, as appears by holy Writ; for we find St. Stephen the Protomartyr, a man full of Faith and of the Holy Ghost, and Philip, and Pro­chorus, and Nicanor, and Timon, and Parmenas, and Nicolas a Proselyte of Antioch, chosen to this Office, as appears Acts 6. 5. & see Acts 20. & 28. & 1 Cor. 16. 2. 3.

3. As for the qualifications of these Officers, they ought to be substantial persons, having competency of Wealth, Wisdom, a good Conscience, and of honest report; see Acts 6. & 3. Dalt. J. P. Ch. 40. fo. 93.

4. Now these Overseers of the Poor, here with us in England, are certain Of­ficers appointed yearly to be joyned and assistant to the Churchwardens of the Parish, in the over-sight and ordering of the Poor of the Parish, and they are to be appointed by two or more Justices of the Peace of the County (whereof one to be of the Quorum) dwelling in or near the Parish or Division, &c. who who are yearly under their Hands and Seals, at E [...]ster, or within a month after [Page 159] to appoint 4. 3. or 2. substantial House­holders, (according to the greatness of the Parish to be joyned with the Church­wardens of the Parish) and all these to­gether are to look to the Poor of the Parish; for the Churchwardens of the place have an equal power and charge with the Overseers, and may be punish­ed for their neglect, if they refuse to meddle herein, 43. El. 2. 21. Jac. Ch. 28. Dalt. J. P. Ch. 40. fo. 93. Wingate's Stat. Tit. Poor People.

5. The major part of these Officers, without the rest of them, may do any thing belonging to their Office. But they are to have the allowance and con­sent either in particular or in general of Two Justices of the Peace (Quor. unus) to every thing they do about their Of­fice. And these Officers, or such of them as shall not be let by just excuse, (to be allowed by two Justices) are to meet monthly in the Church on Sunday af­ter Evening Prayer, and there they are to consider of some meet directions a­bout their Office and they are to use all possible diligence in their Office, [...]in pain to forfeit for every such Default, 20 s. 43. El. Ch. 2. Wingate's Stat. Tit. Poor Peo­ple.

[Page 160]6. The Inhabitants of the Townships within the great Parishes of Lancashire, Cheshire, Derbyshire, Yorkshire, Northum­berland, Bishoprick of Durham, Cumber­land and Westmerland, are to take care for the Poor of their Townships, and Vil­lages only, and are yearly to choose O­verseers for the Poor within their seve­ral Townships and Villages: And these Officers shall have the same power in the place where they are chosen, for the relief of the Poor there, and forfeit the like penalties for their neglect, as such like Officers for intire Parishes shall do. 14. Car. 2. Ch. 12.

7. And if it happen that Overseers be not appointed according to the 43. El. then every Justice of Peace, or Head Officer, of that Division or Corporation shall forfeit 5 l. to be levied by a Sessions Warrant, and imployed to the use of the Poor of the Parishes where such default is made, 43. El. Ch. 2. Wingate's Stat. Tit. Poor People.

CHAP. II.

8. NOte, that there are three forts or degrees of Poor, as first the Poor by impotency and defect, as the aged and decrepit that are past their labour; the Infant Fatherless and Mo­therless, and not able to work, the per­son naturally disabled either in Wit or member, as an Idiot, Lunatick, Blind, Lame, &c. not being able to work, and the person visited with grievous sick­ness or disease, though casually, yet thereby for the time being impotent: All these the Overseers are to provide for, that they have necessary Relief and Allowances proportionable and accor­ding to the continuance and measure of their maladies and needs, and of these it may be said, Si non pavisti, occidisti: Dalt. J. P. Ch. 40. fo. 100.

9. Then Secondly, The Poor by ca­sualty, as a person casually disabled or maimed in his body, as the Souldier or [Page 162] Labourer, &c. maimed in their lawful Callings, the Householder decayed by casualty of Fire, Water, Robbery, Sure­tiship, &c. and the poor man overcharged with Children: All these (and such like others) having ability and strength of body, but not sufficient means to main­tain themselves, are to be set to work by the Overseers, and being not able to live by their work, they are in Charity to be relieved in some reasonable pro­portion, according to their several wants and necessities. Dalt. J. P. Ch. 40. fo. 100.

10. Then lastly, The Thriftless Poor, as the riotous and prodigal person, that con­sumes all with play or drinking, &c. the dissolute person, as the Strumpet, Pilfer­er, &c. the Slothful person that refuseth to work, &c. and the Vagabond that will abide in no place or service; and for all these the House of Correction is the place where they are to be sent to, and being of able bodies there they are to be held to hard labour, and to maintain themselves, by their labour and work, without charging the Town or Country for any allowance. 7. Jac. Ch. 4. Dalt. J. P. Ch. 40. fo. 101.

11. But it seemeth that if any of these [Page 163] last sort of Poor happen to prove im­potent, and also in cases of manifest ex­tremity, then they are to be relieved by the Town. Dalt. J. P. Ch. 40. fo. 101.

12. If the Parents be able to work, and may have work, they are to find their Children by their labour, and not the Parish; but if they be overcharged with Children, they may have help, by having some of their Children put out Apprentices by the Overseers. Dalt. J. P. Ch. 40. fo. 98.

13. The Father, Grandfather, Mo­ther, Grandmother, and the Children and Grandchildren of every poor im­potent person not able to work, being of sufficient ability, shall relieve such poor persons in such manner, as the Justices of Peace of that County (where such sufficient person dwelleth) at their Ge­neral Quarter Sessions shall Assess; and if such party refuse to abide the order they forfeit 20 s. for every month to the Poor of the Parish, which forfeiture is to be levyed by the Churchwardens and Overseers, or one of them, by War­rant from any two Justices of the Peace (Quor. unus) within their Limits, by di­stress and sale of the Offenders Goods, [Page 164] and for want of distress, any two such Justices may commit the Offender to Prison, there to remain without Bail till the said Forfeiture be paid. 43. El. Ch. 2. Resol. Judges 16, 17. Dalt J. P. Ch. 40. fo. 98.

14. But note, That if a man marry a Grandmother that hath no Estate, the Grandfather in Law is not chargeable: But if she have an Estate caused without such marriage, or that comes after mar­riage by descent or otherwise to her, here he may be charged: But where they have raised themselves to an Estate by their own Industry there it is doubtful: But in no case shall he be charged long­er than his Wife lives; and it seems also Bastard Children are not within this Law, neither can the Justices do any thing herein against a man that lives out of their County. See Boulstred's Rep. 2. Part. fo. 245, 246, 247.

15. No Poor may beg but in their own Parish, and there by Licence of the Overseers of the Poor; and they may not Licence them to beg in the High-ways there, and without the Licence of the Overseers they may not beg at all. Res. Judges 15. Dalt. J. P. Ch. 40. fo. 99. 39. El. 3.

[Page 165]16. No Inhabitants may serve any Poor at their Door, but those of their own Parish, that have Licence from the Overseers of the Poor to beg there, un­der pain of 10 s. for every time they do so, 1. Jac. 7. Dalt. J. P. Chap. 47. fol. 129.

17. These Officers to make provisi­on for a poor man that wants an House (but not for a common Herdsman or Shepherd) with consent of the Lord of the Mannor first had in Writing under his Hand and Seal, either by themselves, or with a Sessions Order, may erect a Cottage upon any part of the Waste of a Mannor, and lodge Inmates therein, notwithstanding the Stat. 31. El. 7. But such Cottage may not be afterwards im­ployed otherwise than to lodge impo­tent persons there; for if it be, then it falls within the penalty of the 31. El. a­foresaid, 43. El. Ch. 2. Wingate's Stat. Tit. Poor People.

18. All such persons married or un­married, having no means to maintain them, use no ordinary and dayly Trade of life to get their living by, and such persons also as can get no work, are to be set on work by the Overseers; and any [Page 166] one Justice of Peace may send to the House of Correction, or Common Gaol, such as shall not imploy themselves to work, being appointed thereto by the Churchwardens and Overseers of the Poor of the Parish. 43. El. Ch. 2. Dalt. J. P. Ch. 40. fo. 93.

19. And to this purpose the Church­wardens and Overseers of the Poor may by, and with the consent of two or more Justices of the Peace (Quor. unus) &c. Set up, use, and occupy any Trade, My­stery, or Occupation, only for the setting on work, and better relief of the Poor, of the Parish, Town or place, where they are Overseers, &c. 3. Car. 1. Ch. 4. Dalt. J. P. Ch. 40. fo. 94. Wingate's Stat. Tit. Poor People.

20. If a Stranger come into the Pa­rish into any Tenement, under the yearly value of 10 l. The Overseers may re­quire sufficient Security of him, for the discharge of the Parish, and if he refuse, they may complain to the Justices of Peace within 40 days after the party come there, and they may order him to do it, or otherwise remove him. 14. Car. 2. Ch. 12.

CHAP. III.

21. IN the putting out of Children Apprentices, there ought to be regard had to the Master, the Child and the Parents, First to the Master, that he be of ability and honesty, otherwise by some device or hard intreaty they may provoke their Apprentices to depart or run away; and regard is also to be had to his Trade or Faculty, lest the Ap­prentice consume his time without learn­ing any thing: Secondly, Regard is to be had to the Apprentices to put them out timely, and while they are young and tractable (so that they be above the Age of seven years) otherwise by rea­son of their idle and base Educations they will hardly keep their Service, or imploy themselves to work: Then last­ly, Regard is to be had to the Parents to take away such from them as are brought up to live idlely and loosly, or else such [Page 168] as are a burthen and charge to their Pa­rents. Dalt. J. P. Ch. 40. fo. 94, 95.

22. Note, That the choyce of these Apprentices are to be out of the poorest sort of Children, whose P [...]rents are the least able to relieve them, and they are to be above 7. and under 15. years of Age, when they are first bound. 7. Jac. Ch. 3. Wingate's Stat. Tit. Poor People.

23. And these Officers are to have the consent of two Justices of the Peace, in the placing out of such Apprentices; and they may bind the Man-child till 24 years of age, and the Woman-child till 21. years of age, or till she be mar­ried, which shall first happen: And these Apprentices may be bound to Weavers, Masons, Dyers, Fullers, or any other Trade, as well as to Husbandry or Housewifery. See 43. El. Ch. 2. Dalt. J. P. Ch. 31. fo. 83. Wingate's Stat. Tit. Poor People.

24. Now this placing of Apprentices may be to any man, whom the Officers and Justices think fit to receive them, within the same Parish, or elsewhere in other Parishes within the same Hundred either with, or without mony; therefore it is fit in this case to consider, if the [Page 169] Child be young, and the party to whom they place it not very able, then they may give mony, if they please, as the party and they shall agree. Resol. Judges, 1633. Quest. 1.

25. All men that have, or may have use for Servants, as Knights, Clergymen, Gentlemen, and Yeomen, as well as Tradesmen, are bound to take Appren­tices; yea, though wealthy men Table themselves, or live so privately, that they have no use for a Servant, yet they may be compelled to take them; or else to pay a sum of mony for putting them Apprentices elsewhere; and if they re­fuse to pay the sum imposed upon them, Two Justices of the Peace may make their Warrant to levy the same by di­stress and sale of the offenders Goods. Resol. Judges, 1633. Quest. 4. Poulton 2. 4. Dalt. J. P. Ch. 40. fo. 95.

26. Or the Refusers to take Appren­tices may be presented and indicted for the same, upon the Stat. 43. Eliz. Ch. 2. at the Assizes or Sessions of the Peace. Dalt. J. P. Ch. 40. fo. 95. Resol. Judges, 1633. Quest 7.

27. An Apprentice put to a man in respect of his Farm when his Lease ex­pireth, [Page 170] the Apprentice shall go still with the Farm, if the first Master be so plea­sed; otherwise it is where an Appren­tice is put to a man in regard of his a­bility, or for other respects. And where any differences are between the Offi­cers and the man that is to receive an Apprentice, about mony, and what mo­ny shall be given, or otherwise, here the Justices thereabouts, or, in their defaults, the Sessions must end it. Resol. Judges, 1633. Quest. 2. Dalt. J. P. Ch. 40. fo. 95.

28. If the Parents of poor Children shall refuse to let their Children be put forth Apprentices (without good cause shewed) such Parents may be bound over, by the Justices, to answer their said Default; and if the Children shall refuse, the Justices may send them to the House of Correction, there to remain till they be content to be bound and serve. Dalt. J. P. Ch. 40. & 31. fo. 96. & 78.

29. Note, That this binding must be by Indenture, and may not well be done by a Verbal Agreement; and the In­denture must be either between the Ju­stices, Churchwardens and Overseers, or [Page] them, and the Apprentice on the one part, and him that takes the Apprentice of the other part, as appears by the form of the Indenture in the end of this Chapter; and he must be named by the name of Apprentice expresly, or else he is no Apprentice, though he be bound. Crompt. 184. Dalt. J. P. Ch. 31. fo. 82.

30. And this binding is as effectual to all purposes, as if the Children were of full Age, and did bind themselves by Indentures and Covenants; and all such as are bound by the Overseers, as above­said, may safely be received and kept as Apprentices by their Masters. 1. Jac. Ch. 25. 21. Jac. Ch. 28. Dalt. J. P. Ch. 31. fo. 83. 3. Car. 1. Ch. 4, 5. El. Ch. 4. Crompt. 184. b.

31. Note, That mony, given to put out poor Children Apprentices, is to be imployed in Corporate Towns by the Corporations, and in other places by the Parson or Vicar, together with the Constables, Churchwardens, and Overseers of the Poor, or the most part of them; who shall not forbear, or re­fuse to imploy the same acordingly, in pain to forfeit 5. marks, each of them so making default, to be divided betwixt the Poor of the Parish and the Prose­cutor [Page 172] 7. Jac. Ch. 3. Wingate's Stat. Tit. Poor People.

32. And the party, taking any mony with such Apprentice, shall give good Security by Obligation to repay it at the end of seven years next ensuing the date of the said Obligation, or within three months next after the end of the said se­ven years; and if such Apprentice shall die within the seven years, then within one year after his or her death; and if the Master, Mistress, or Dame, happen to die within the seven years, then with­in one year after their death: so as the mony may be imployed in placing the Apprentice with some other of the same Trade, to serve out his time, at the dis­cretion of the parties trusted as afore­said. 7. Jac. Ch. 3.

33. And the mony so given shall be imployed within three months after the Receipt thereof; and if there shall not be apt persons found in the places where it is given to be Apprentices, it shall then be imployed in the Parishes next adjoyning, by the Parties that are trusted with it in the place where it was so gi­ven, and there also Bond shall be taken, as afore is declared. 7. Jac. Ch. 3.

[Page 173]34. Note, That if the Master shall put his Apprentice into Apparel, it is a Gift in Law, and he cannot afterwards take it away, though he should part with his Apprentice. Bro. Transgr. 93.

35. An Apprentice cannot be dis­charged from his Apprenticeship, but by four Justices of the Peace at the least, and in open Sessions, or else by the Agree­ment of the Master and Apprentice, and under his Masters hand in writing, Dalt. J. P. Ch. 31. fo. 79.

36. The Form of these Indentures, mentioned before, is as followeth, viz. This Indenture made the 29. day of Sep­tember, in the 20. year of the Raign of our most gracious Soveraign Lord Charles the Second, by the Grace of God of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. An­no (que) Dom. 1668. Witnesseth that J. W. and G. B. Overseers for the Poor in the Town of Kirk-Leaventon, and J. R. Churchwarden of the same Town, by and with the consent of Sir J. P. Knight and Baronet, and T. M. Esq two of his Majesties Justices of Peace for the North-Riding of the County of York, have by these Presents placed and bound [Page 174] J. T. (being a poor fatherless Child) as an Apprentice with E. H. of Kirk-Leaventon aforesaid, Widow; and as an Apprentice w [...]th her the said E. H. to dwell from the day of the Date of these Presents, until she the said J. T. shall come to the Age of 21. years, or be married, which shall first happen, ac­cording to the Statu [...]e in that case made and provided; by and during all which time and Term the said J. T. shall the said E. H. her Dame well and faithfully serve, in all such lawful business as the said E. H. shall put her the said J. T. unto, according to her power, wit, and ability, and honestly and obediently in all things shall behave her self towards her said Dame and Children, and all the rest of the Family of the said E. H. And the said E. H. for her part promiseth, covenanteth, and agreeth that she the said E. H. the aforesaid J. T. in the Art and Skill of Housewifery the best man­ner that she can, or may, shall teach and inform, or cause to be taught and in­formed, as much as thereunto belong­eth, and she the said E. H. knoweth; and also during all the said Term to find unto her said Apprentice, Meat, Drink, [Page 175] Linnen, Woollen, Hose, Shooes, Wash­ing, and all other things needful or meet for an Apprentice. In Witness where­of, &c.

37. Note, If it be a Boy that is to be bound Apprentice to Husbandry, or any other Trade, then he may be bound till 24. years of Age, as is shewed before in this Chapter.

CHAP. IV.

38. NOte, There have been former­ly many Controversies, what time should be accounted a Legal Set­tlement; but now all Objections in that point are answered; for it is appoint­ed by the 14. Car. 2. that 40. days shall be accounted a Legal Settlement; but then this Settlement ought neither to be obscure, interrupted, nor brought a­bout by practice.

39. As touching Settling of Poor People; Note, That the Justices are to meddle with none but those who are im­potent, [Page 176] and such as are like to be charge­able to the place where they are. Boulstr. Rep. 1. Part. 347.

40. And as to this, know that it is enacted by the 14. Car. 2. Ch. 12. That if any Stranger come into a Parish to settle there in any Tenement, under 10 l. a year, and he refuse to give such Se­curity for the Discharge of the Parish as two Justices shall think fit; then any two Justices (Quor. unus) may upon complaint to them made by the Church­wardens or Overseers, within 40 days after the Stranger come into the Parish, make their Warrant to send him to the place, where he was last legally settled as a Native, Housholder, Sojourner, Ap­prentice, or Servant 40 days or more; so that by this, it seems to be the opini­on of this Parliament, that no man that Rents 10 l. a year, or above, is to be accounted such a poor man as to be removed by order of the Justices: where any person finds himself agrieved by the two Justices order, he may Appeal to the next Quarter Sessions held for that County for his Relief. 14. Car. 2. Ch. 12.

41. But any person may go into any County, Parish, or place to work in time [Page 177] of Harvest, or at any time to work at other work, so as they carry with him or them a certificate from the Minister of the Parish, one of the Churchwar­dens, and one of the Overseers of the Poor, that they have a dwelling House wherein they Inhabit, and that they have left Wife and Children, or some of them there, and is declared an Inhabi­tant there; and in such case, if the per­son shall not return to the place afore­said, when his work is done, or shall fall sick or impotent, while he is in the said work, yet this shall not be account­ed a Settlement; but any two Justices may send the person or persons to the place or places of his or their Habitati­on; and if any person shall refuse to go, or shall not remain in the Parish where he ought to be settled, then the Justices may send such person to the House of Correction, there to be punish­ed as a Vagabond, or to a publick Work­house to be imployed in work or labour. 14. Car. 2. Ch. 12. This Statute, as to the point aforesaid, is to continue to the end of the first Sessions of the next Par­liament.

42. Note, That no man but a Vagrant [Page 178] Beggar, ought to be sent out of any Pa­rish to the place of his birth or last habitation; for if any refuse to work in the Parish where he is settled, or to work for the wages assessed, then he is by the Justices to be sent to the House of Cor­rection. Co. 2. Part. Inst. fo. 730. 7. Jac. Ch. 4. Resol. Judges, 9. Dalt. J. P. Chap. 47. fo. 126.

43. If a Scholar in the University, or in a Grammar School begin to be suspect, he may be, or if he do become impo­tent, and is like to be charge to the Pa­rish where he is, he must be sent to his Parents if he have any, otherwise to the place where he was last legally settled before he came to School. Resol. Judges, 1633. Sect. 31.

44. If one be born, and live 20. years in A. and then go to B. and there live in a House and pay his Rent, and after he comes to C. and there works 20. Weeks as a Labourer in a Quarry of Stones, where he breaks his back, and becomes impotent, and there is taken vagrant and begging, in this case he must be sent to A. the place of his birth, and there must be provided for. Resol. Judges, 14. Car. 1.

[Page 179]45. If a man that hath a Wife and Children take an House in one Parish for a year, and during this time he is illegally forced out of his Possession; then he takes an House as an Inmate in another Parish, out of which he is put within two or three days, and then not having any place to be in, he gets into a Barn in the third place, and there his Wife is delivered of another Child; in this case they are all to be sent to the Parish out of which they were first ille­gally forced. Resol. Judg. 1633. Sect. 24.

46. One born in D. left that place for the space of 20. years, then lived in S. took an house and paid rent, and left that place also 6. or 7. years, and then came to L. in another County, and there was 20. weeks, did work, and there became impotent, and did wander and beg in the same place, and was taken as a Va­grant, and it was ordered he should be passed and settled at D. where he was born, by the Judges at Worcester Assizes. 14. Car. 1. Boulstr. Rep. 1. Part. fol. 357.

47. No Child under the Age of 7. years shall be adjudged a Rogue within [Page 180] the Stat. 39. El. Ch. 4. But it seems such Children vagrant and begging must be sent and placed with the Father or Hus­band of the Wife; and if he be dead, then with the Mother (where she was born, or last dwelt by the space of one year) and such Children, once thus set­tled or placed, must there remain, and not be sent from thence to their place of birth, though after their Parents die or run away, or that the said Children grow above the age of 7. years; yea, though the said Children after beg and prove vagrant in the Town, for there they must be set to labour by the Over­seers of the Poor. Resol. Judges. 4. 9▪ 10. Poult. Vag. 2. & Dalt. J. P. Ch. 47. fol. 125.

48. But Children, above 7. years of age, going about vagrant or begging in the Country, shall be punished as Rogues, and sent to their place of birth. Dalt. J. P. Ch. 47. fo. 125. & Resol. Judges. 4. 39. El. Ch. 4.

49. The Wife, being a Vagrant Rogue, must be sent to her Husband, though he be but a Servant in another Town; and where the Husband and Wife have an House, (though as an Inmate) and ei­ther [Page 181] of them Rogue about, in this case they are to be sent to the place where the house is. Dalt. J. P. Ch. 47. fo. 125. Re­sol. Judges. 3. & 5.

50. The Rogue, whose place of birth or last dwelling cannot be known, ha­ving Wife and Children under 7. years of age, they must go with the Husband to the place where they were last wil­fully suffered to pass through without punishment, where the Children must be relieved by the work of their Parents, though the Parents be committed to the House of Correction; and if the Rogue have Children above 7. years of age, that Rogue about with him, then they are to be sent to the House of Correcti­on also with the Parents, and when they come out again, then to their several places of births. Dalt. J. P. Ch. 47. fo. 123. and Sheppard's Guide for J. P. pag. 252. Resol. &c. b.

51. If I live in an house in A. there with my Children, but I work in B. where I am hired by the year, in this case my Children shall be in A. but if I have an house in B. they shall be placed there. Dalt. J. P. Ch. 40. fo. 99.

52. A. being a Wanderer with three [Page 182] Children born in three Parishes comes to Dale with them to her Sister, and there dieth shortly after, here the Children must be settled in the several Parishes where they were born, and not in the Parish where the Mother dyed. Boulstr. Rep. 2. Part. 351.

53. No man is to be put out of the Town where he dwelleth and is lawful­ly settled, nor to be sent to his place of birth, or last habitation but a Va­grant Rogue, nor to be found by the Town, except the party be impotent, but they ought to set themselves to la­bour, if they be able and can get work; And if they cannot get work, then the Overseers are to set them to work: And if in such case such persons wander a­broad begging out of the Parish, then they may be sent as Vagabonds (from the place where they shall be taken wan­dring or begging) to the place of their birth. Dalt. J. P. Ch. 40. fol. 99.

54. If a Maid Servant be gotten with with Child at A. by her Fellow Servant (or by another young Man of the same Town) and after both their Services ended they marry, and then the young man is retained at B. and afterwards the [Page 183] Woman is delivered of her Child, in this Case she with her Child are to be sent to the Father at B. and there must be settled. Dalt. J. P. Ch. 40. fo. 99.

55. If any disturbance be made to any Settlement lawfully ordered by the Justices, either by the Constables refu­sing to receive and convey a Rogue where they ought to do it, or by the Churchwardens and Overseers of the Poor in refusing such an one as is duly sent to be settled there, in such case they forfeit 5. l. by the 39. El. Ch. 4.

56. If a Woman unmarried be hired weekly, Monthly, half yearly, or yearly, in one Parish, and there be be gotten with Child, and then goeth in­to another Parish, and there is settled in Service, or otherwise for two or three months, and then she is discovered to be with Child, in this case she and her Child shall be settled in the Parish where she then is, and must not be sent to the Parish whence she came. Resol. Judges. 1633. Sect. 12.

57. If a Woman be delivered of a Ba­stard Child in one Parish, and then go in­to another Parish with her Child, in this case the Child after it is Nursed, is to be [Page 184] sent to and settled in the place where it was born, and not to remain with the Mother. Resol. Judges. 1633. Sect. 21.

58. If A. have a Bastard Child by B. born in Dale, 10. years since, and the Reputed Father marries another Wo­man, and they breed the Child 10. years in the Parish of Sale, and the Mother of the Child is in Service all this while, and a Single Woman, the Reputed Fa­ther dies; In this case the Child is to be sent to the Mother first, to be maintained by her if she be able, and if not, it must be kept by the Parish of Sale, where it was settled with the Father 10 years. Boulstr. Rep. 2. Part. fo. 350.

59. If a Woman have a Bastard Child, and is like to be chargeable to the Pa­rish, and she is sent to the House of Correction for it (as she may be by Law) in this case it hath been questioned whether the Child must go with her, or remain in the Town where it was born, (or settled with the Mother) and there to be relieved by the work of the Mo­ther, or by Relief from the Reputed Father, upon the 18. El. and it seems most reasonable to be so; and yet the common opinion and practice is other­wise, [Page 185] (to wit) to send the Child with the Mother to the House of Correcti­on: And this may also seem reasonable where the Child sucketh on the Mother. Dalt. J. P. Ch. 11. fo. 39.

60. If a Woman with Child be sent to the House of Correction, and there be delivered, the Child must be sent back to the Parish where the Woman came from, there to be relieved. Also if a Woman be travelling, and have her Child with her, and is apprehended and sent to the Gaol, and there hanged for Felony, in this case the Child shall not be chargeable to the place where the Gaol is, but to the place where it was born (if it can be known) other­wise to the place where the Mother was apprehended; and so was the opinion of Sir Nicholas Hide. 3. Car. 1.

61. The Two next Justices (Quor. unus) in [...] to the limits where the Parish C [...]ch is, may take order as well for the punishment of the Mother and Reputed Father of a Bastard Child, as also for the Relief of the Parish where it is born, by charging the Mo­ther and Father with the payment of mony weekly towards the keeping of it, [Page 186] or otherwise; And if the Mother or Father perform not the Justices order therein, they are to suffer Imprisonment without Bayl, except he or she give Se­curity to perform, or else to appear at the next Sessions, and abide, the order of the Justices there, if any be made there, and if none be made, then to stand to the first order. Dalt. J. P. Ch. 11. fo. 37. & 38. 18. Eliz. Ch. 3.

62. Note, That this Order may be made by any two Justices of the County (Quor. unus) as it is held by some, but most properly by the two next Justices; and the question must be about such a Bastard Child as is like to be a charge to the Parish; and the Security must be given to the Parish where the Child is born, to secure the Parish from the charge of the Child or to keep the Child: it must be a Parish within the County where the two [...] have power, and the Order must be certain how long the Reputed Father must keep the Child, secure the Parish, &c. and it must be made against the person that is suspected to have gotten the Bastard Child, and not against another person to contribute towards it, because it was [Page 187] gotten in his house, &c. and the Order must express the Child by the name of a Bastard Child, and not the reputed Child of such an one; and the Justices for the better discovery of the matter, may upon Oath examine the Mother her­self concerning the Reputed Father, the time, &c. Dalt. J. P. Ch. 11. fo. 37. 18. Eliz. Ch. 3. 7. Jac. Ch. 4. See Steel's Rep. fo. 154, 245, 246, 247, 388. and see Pridgeon's case. Hil. 9. Car. 1. B. R. and Slater's case. Pasch. 13. Car. 1. B. R. Cro. Rep. 1. Part.

63. Where the Putative Father or Mother of a Bastard Child shall run out of a Parish or County, and leave their Children upon the charge of the Parish, having Estates sufficient to dis­charge the Parish, there the Church­wardens and Overseers of the Poor of the place where the Child is born, may seiz so many of the Goods and Chattels, or Rents of his other Lands, for the dis­charge of the Parish, and bringing up and providing for the Child, as any two Justices shall order; and thereupon the Sessions is to dispose and sell the Goods and Chattels; and the Sessions may order the Officers aforesaid, what they shall [Page 188] receive of the Rents and Lands also for the purposes aforesaid. 14. Car. 2. Ch. 12.

CHAP. V.

64. THese Officers, or the greater part of them (for the doing and performing of the things they have in charge) may raise weekly, or otherwise by Taxation of every Parson, Vicar, and other Occupier of Land, House, or Tythes, Cole-mines, or saleable Under­woods, within the Parish, Town, &c. such a sum as they shall think fit; and this Rate they must have allowed and con­firmed under the hands of Two Justices (Quor. unus) and then by Warrant from them, or any other Two Justices (Quor. unus) they may levy, by distress and sale of the Goods of the party refusing to pay, the said Tax, rendring the Over­plus to the owners; and in Default of Distress two such Justices may commit the party to Prison, there to remain [Page 189] without bayl till it be discharged by him. 43. El. Ch. 2. Dalt. J. P. Ch. 4. fo. 97. Win­gate's Stat. Tit. Poor People.

65. Now these Rates ought to be well and truly made, according to mens visi­ble Estates, real and personal, within the place only, and not for any Estate else­where; at Lincoln Assizes. 9. Car. 1. by Justice Hutton and Crook.

66. Note, That a Parish in Reputati­on shall be a Parish within this Law; so that if A. be an ancient Parish that hath Officers in it, and there be a Town with­in this Parish, which for a long time hath been used and reputed as a Parish, and hath all Parochial Rights, as Church­wardens, &c. here this place may be Rated as a Parish towards the Poor. Hut­ton's Rep. fo. 93. & M. 3, Car. B. R. Hilton & Paul's case. Cro. 3. Part. Rep.

67. This Tax must be set upon the Tenants and Occupiers of Lands, and not upon the Land-Lords living within or without the Parish; for the Tenant on­ly is chargeable for the Land. Bulstred's 1. Part. Rep. fo. 354.

68. The Parson, having a full Tenth Part of the Profits of the place, may be rated to a Tenth Part. Resol. Judges. 1633. Sect. 32.

[Page 190]69. He that doth occupy Lands in his his own hands, lying in several Parishes, he must be charged in every Parish for his Land lying therein, only according to the proportion thereof, and no more, but for his personal Estate, it seems rea­sonable he should be charged for it in the place where his person is; All Lands Ancients Demeasn Guildable, and Copy­hold are to be charged with these Rates, which ought to be according to the va­lue, or by the pound, and not accor­ding to the quantity. Sed Consuetudo tollit Legem.

70. The Rate for Stock or Goods is thought reasonable to be set after the proportion of Lands (viz.) an 100 pound in Stock to be rated after 5. or 6. pound a year in Land.

71. Note, That in some special cases a man may be rated beyond his ability, as where one brings a charge upon a Pa­rish; or under any pretence brings in a man that may be chargeable in a Parish, he may, if there be cause for this, be raised in his Rate to the full value of his Estate, and so was the opinion of Sir Nicholas Hide. Dalt. J. P. Ch. 40. fo. 97.

[Page 191]72. Where the Inhabitants of any Parish are not able to relieve their Poor, any two Justices (Quor. unus) may tax other Parishes and places within the Hundred, yea, the whole Hundred, if need require; and where that is not suf­ficient, the Justices in their Sessions may tax the County in part, or wholly at their discretions. 43. El. Ch. 2. Wingate's abr. Stat. Tit. Poor People. 14. Car. 2. Ch. 12.

73. If any persons find themselves agrieved in any Tax or other Act done by the Overseers, or by the Justices of Peace, they are to be Relieved at the Quarter Sessions. Dalt. J. P. Ch. 40. fo. 97. Wingate's Abr. Stat. Tit. Poor Peo­ple.

74. The Father, Grandfather, Mo­ther, Grandmother, and Children of every poor person, shall be assessed to­wards their Relief, as the Justices of the Peace in their Sessions of the Peace in the County where such Father, &c. dwells shall limit and appoint, in pain to forfeit 20. s. a Month to the use of the Poor to be levyed by distress and sale as aforesaid, and for want of di­stress to be committed to Prison till the [Page 192] Forfeiture be paid. 43. El. Ch. 2. Win­gate's Abr. Stat. Tit. Poor People. Dalt. J. P. Ch. 40. fo. 98.

75. Head Officers in Cities and Cor­porate Towns, and Aldermen of Lon­don, have in their several Precincts like Authority that Justices of Peace have in their Counties, and no other Justices of Peace are to enter and inter­meddle there. Wingate's Abr. Stat. Tit. Poor People. 43. El. Ch. 2.

76. If any Parish shall extend into two Counties, or part thereof to lie in any City or Corporate Town where they have Justices; Then the Justices of eve­ry County, &c. are to intermeddle only within their own limits; and every of them respectively within their limits are to execute this Law concerning the no­mination of Overseers, binding of Ap­prentices, granting Warrants to levy Taxations, taking Accounts of Over­seers, and committing such as refuse to account or to pay their Arrearages; and yet the Overseers shall without di­viding themselves, execute their Office in all places within the said Parish, but shall give up Accounts to the Justices, or Head Officers of both places. Win­gate's [Page 193] Abr. Stat. Title. Poor Perple. 43. El. Ch. 2. Dalt. J. P. Ch. 40. fo. 97, 98.

77. These Officers within four days after the end of their year, and that o­ther Officers are nominated, are to yield up a true account to two Justices (Quor. unus) of these things following, 1. What sums of mony they have received or ra­ted, and not received? 2. What stock of Ware or Stuff is in their hands, or in the hands of any of the Poor? 3. What Apprentices they have put out, and bound according to the Statute. 4. What Poor they have set to work or relieved? 5. What Poor they have suffered to wander and beg out of their Town, or in the High-ways, or in their Town without their directions? 6. Whether they met monthly to consider of the things belonging to their Office? 7. Whe­ther they made their Rates indifferent­ly upon all men, according to their a­bility? 8. Whether they have endea­voured to gather and levy such Assess­ments? 9. Whether they have neglected the Justices Warrants to them, or any of them directed for the levying of any forfeiture according to the Stat. 43. El. Ch. 2. Dalt. J. P. Ch. 40. fo. 96.

[Page 194]78. Now if the Churchwardens or Overseers, or any of them, shall refuse to make and yield a true and perfect Account to the said Justices, of all such mony and of all such Stock as afore­said, any two Justices (Quor. unus) may commit them to the Common Gaol, there to remain without Bayl, till they have made a true account, and satisfied and paid to the new Overseers so much of the said Sum or Stock, as upon the said Account shall be remain­ing in his or their hands, &c. And if they make a false account, they may be bound over to the Assizes or Sessions, and there an Indictment may be pre­ferred against them. Dalt. J. P. Ch. 40. fo. 96.

79. Also if any of the Churchwar­dens or Overseers shall refuse, or de­ny to pay and deliver over to the new Overseers the Arrearages (Sums of Mo­ny or Stock) which shall be in their hands, and due and behind upon their Account to be made as aforesaid, any two such Justices of Peace may make their Warrant to the present or sub­sequent Churchwardens and Overseers, or any of them, to levy the same by di­stress [Page 195] and sale of the Offenders Goods, rendring to the Parties the Overplus; and in default of such Distress, any two Justices of the Peace may commit him or them to the Common Gaol, there to re­main without Bayl, until payment or delivery of the said Sum, Arrearages, and Stock be made. 43. El. Ch. 2. Dalt. J. P. Ch. 40. fo. 96.

80. If any such Stock shall be in the hands of any of the Poor to work, and such Poor shall refuse to deliver the same, two such Justices may make the like Warrant, to levy the same by di­stress, and for lack thereof may com­mit such Offenders to the Gaol as afore­said. Dalt. J. P. Ch. 40. fo. 96.

81. And for these aforesaid, and all other Negligences of the Churchwar­dens and Overseers, in the execution of their Office, about the Poor, &c. every of them for every default he makes for­feits 20. s. which Default must be proved either by the Offenders own Con­fession, or by Examination of Witnesses; and it is to be levyed by the new Church­wardens and Overseers, or one of them, by Warrant from two Justices, as afore­said, by Distress and Sale of the Offen­ders [Page 196] Goods; and for want of Distress, two such Justices may commit the Of­fenders to the Gaol, there to remain without Bayl, till the said Forfeitures shall he paid, which said Forfeitures are to be imployed to the use of the Poor of the same Parish. Dalt. J. P. Ch. 40. fo. 97. 43. Eliz. Ch. 2.

CHAP. 1.

1. THese Supravisors or Sur­veyors of the High-ways are Officers yearly chosen by the Constables and Churchwardens of every Parish: and by the 14. Car. 2. the Churchwardens, [Page 198] Constables, or Tythingmen of every Parish, Town or Hamlet, for the time being, are upon Monday or Tuesday in Easter week, with the advice of the ma­jor part of the Inhabitants to choose two or more sufficient Inhabitants of the Pa­rish, Town, or Hamlet, to be Surveyors of the High-ways for the year following, and they are to give notice thereof in writing to the persons chosen next Sun­day after; and for default of such choyce the Constables, Churchwardens, and Inhabitants of every Parish, Town, or Hamlet, shall forfeit and loose, 5. l. 14. Car. 2. Ch. 6.

2. And after choyce made of these Officers, as aforesaid, and notice given them, they are forthwith to take the Of­fice upon them, in pain to forfeit 20 s. 2. 3. P. M. Ch. 8. Wingate's Abr. Stat. Tit. High-ways.

3. The Constables and Churchwar­dens are then also to appoint six days be­twixt then and Midsummer, to be set a part for the amendment of the High­ways, and must give publick notice there▪ of in the Church the next Sunday after Easter, 5. El. Ch. 13. 23. P. M. Ch. 8. Win­gate's Abr. Stat. Tit. High-ways.

[Page 199]4. Note, That there are three kind of ways, (to wit) first a Foot way, cal­led Iter quod est jus eundi, vel ambulandi hominis. Secondly, a Foot way, and an Horse way, called actus ab agendo, and this vulgarly is called a Pack or Drift way, and is both Foot way and Horse way. Thirdly, a Cart way, &c. called via or Aditus, (and this containeth the other two, and a Cart way also) for this is jus eundi, vehendi, & vehiculum & jumentum ducendi; and this is twofold, to wit Via Regia, the Kings High-way for all men, & communis Strata, belonging to a City or Town, or between Neighbours. Dalt. J. P. Ch. 26. fo. 67.

5. Note, That the Kings High-way (or via Regia) leading either to the Market, or from Town to Town, the Freehold and soil thereof, and the inte­rest of all Trees, and other such Profits thereupon growing, do belong to the Lord of the Soil, or the Lord of the Mannor; and therefore such Lords are chargeable to cut down the Trees and Bushes growing in such High-ways; and it is called the Kings High-way; for that the King at all times hath therein passage for Himself and his People, [Page 200] and may punish all Nusances therein, though otherwise the Interest be in the Lord to bring his Action for digging therein, or other like Trespass there done. Dalt. J. P. Ch. 26. fo. 68. and see R [...]lls Cases, 1 part. fo. 392. 2. E. 4. 9. 8. E. 4. 9. 17. E. 3. fo. 43. Bro. Chemine, 10. 11. & Leet. 3. 27. H. 6. fo. 9. 8. H. 7. fo. 5.

6. Generally the owner of the Soil on both sides of the way shall have the Trees growing in the way: But the Lord of a Rape, within which there are Ten Mannors, may prescribe to have all the Trees growing within any High-way within such Rape, although the Mannor or Soil adjoyning belong to another per­son, for the usage and taking of the Trees is a good badge of Ownership. P. 11. Jac. B. R. between Sir. Tho. Pellam, & Wiat, & Blake, Rolls Cases. 1. Part. fo. 392.

7. Where any person shall inclose any part of the High-way, such person shall be chargeed to amend the High­way next adjoyning to the said Inclosure. And if one man have inclosed on one side, and another man on the other side, they shall be both charged to mend the [Page 201] same way. Dalt. J. P. Ch. 26. fo. 69. and see Tr. 10. Car. 1. B. R. Sir Edward Dun­comb's case, Cro. 3. Part. Rep. & 6. Jac. & 19. Jac. so Resolved. Rolls Cases, 1. Part. fo. 390.

8. But otherwise generally High­ways must be sufficiently amended at the charge of the whole Town: And it is not enough for the Inhabitants to do their full Six days work yearly, except their ways be all well and sufficiently re­paired thereby; For if all their said ways be not sufficiently amended, the whole Town may be Indicted therefore; and if Six days work in the year will not serve to amend them, the Surveyors may, yea, must appoint more days. Dalt. J. P. Ch. 26. fo. 69. 14. Car. Car. 2. Ch. 6.

9. The owner of Lands, if he be not the occupier thereof, ought not to be charged towards the repair of the com­mon High-ways; but the Tenant who occupies the Lands is to be charged. Hil. 11. Car. 1. B. R. in one Foster's case, per Curiam. Rolls Cases. 1. Part. fo. 390.

CHAP. II.

10. THese Officers are to see that the Parishioners do their work on the days appointed, and that accor­ding to these Rules following, viz. eve­ry person having in his own Occupation a Plough Land in Tillage or in Pasture in the same Parish, or keeping there a Plough or Draught, shall find and send on every day to the place appointed by the Surveyors, one Wayn or Cart pro­vided, after the fashion of the Country, with Oxen, &c. fit for the carriage, and with necessary Tools fit for the work, and with two able men, who are there to do such work with their Wayns, &c. as they shall be appointed (by the Sur­veyors) by the space of eight hours every of the said six days, on pain of 10 s. every day default is made. 2, 3. P. M. Ch. 8. Rastall. 199. Lamb. 459. Win­gate's [Page 203] Abr. Stat. Tit. High-ways, Dalt. J. P. Ch. 26. fo. 68.

11. And every other Housholder, Cottager, and Labourer of the Parish, Town, &c. (able to labour and being no hired Servant by the year) must by himself, or some other able man, be then and there ready to work every of the said six days, by the space of eight hours, as aforesaid, where they shall be appointed by the Surveyors, under pain to forfeit 12 d. for every day they make Default. 2. 3. P. M. Ch. 8.

12. Note, That all persons being chargeable but as Cottagers by the 2. & 3. P. M. yet if they be in Subsidy 5 l. in Goods, or 40 shillings in Lands, or a­bove, they must find two able men to work every of the said six days. 18. El. Ch. 9. Wingate's Abr. Stat. Tit. High­ways. Dalt. J. P. Ch. 26. fo. 68.

12. If any of the Carriages shall not be thought needful by the said Survey­ors upon any of the said days, they may appoint in stead of a Team, two able men to work, as aforesaid▪ who shall not fail in pain that the party that should send them shall forfeit 12 pence for every day that either of them makes [Page 204] Default. Wingate's Abr. Stat. Tit. [...] 2. 3. P. M. Ch. 8. Dalt. J. P. Ch. 26. [...]

13. He that shall occupy a Plowland in Tillage or Pasture, lying in several Parishes, shall be chargeable only in the Parish where he dwelleth, and he that occupieth several Plowlands in several Parishes, shall be charged in each Town or Parish where such Land lyeth (to wit) to find in each Town or Parish one Cart furnished as aforesaid, though he be no Inhabitant there. 18. El. Ch. 9. Dalt. J. P. Ch. 26. fo. 68.

14. Now for the further opening of these things, note, that it is said that a Plow Land is not of any certain content, but ordinarily it is so much as one Plough may plow in one year, which in some Countries is more, and in some less, according to the heaviness of the Soil▪ Co. 9. Rep. fo. 124. Co. on Lit. fo. 69. & vide Lamb. verb. Hide. 35. H. 6. fo. 29.

15. And note, That a Plow Land or Carve of Land may contain House, Mea­dow, Pasture and Wood: And if one have so much of this as will keep a Plough and yield Tillage for it, if part of it were eared in this case, it seems he is [Page 205] to send his Plough. vide Co. 4. Lib. Rep. fo. 37. b. & 9. Rep. fo. 124.

16. He that hath a Plough Land, and no Plough, but doth suffer his Land to lie fresh, yet he is to find a Plough for this work, and so it hath been agreed by the Judges. Mich. 21. Jac. Dalt. J. P. Ch. 26. fo. 72.

17. He that keepeth a Plough or Draught for carriage, although he oc­cupieth little or no Land, but carrieth or plougheth for other men, yet it seems he is to send his Cart to the High­ways; and if a Man keep only two Horses and a Cart for his own business, in this case it seems he is to come with his Cart and two Horses with a man to manage them. Vide Dalt. J. P. Ch. 26. fo. 72.

18. It is held by some, that so many Ploughs or Draughts men have, and use frequently about their own business in Summer, so many they are to bring with them to the High-ways; so that if a man have one Plough and five or six Horses, and shall plough seven or eight score Acres of Land, and shall usually go in the Summer time with two Carts or Draughts; in this case, it seems he is to [Page 206] come with two Carts or Draughts to this Service: And he that occupieth 40 or 50 Acres of Land, and keepeth only three Horses, and one Draught or Cart, he is to come with one Draught or Cart. vide Dalt. J. P. Ch. 26. fo. 72.

19. Note, That an Indictment by the Common Law may be brought against any Parish, for not repairing their High­ways, and so they are bound to make them good at their peril; and if Six days will not serve, the Surveyors may ap­point more, and charge all persons with­in their limits who are chargeable by Law to come to the work, and if he who is to send a Team neglect, he forfeits 10 s. and the labourer that neglects to come forfeits 18 d. for every day, but then by 14. Car. 2. Ch. 6. the Surveyors are to pay them for their work for all the days above six days, according to the Rates of the Country; and if they can­not agree, the next Justice of Peace living out of the Parish is to determine the business between them. 14. Car. 2. Ch. 6.

20. These Officers may, if they see cause, for the amendment of the High­ways, [Page 207] take and carry away so much of the Rubbish, and smallest broken stones already digged, of any man's Quar­ry lying within the same Parish without leave of the owner, as they shall think needful, or gather the loose Stones lying dispersed in any mans grounds; But they may not without Licence dig in any mans Quarry for new Stones, nor take the great Stones already digged; and if there be no such Rubbish to be found in any mans Quarry within the said Parish, then may they enter into any mans se­veral ground within the Parish, lying near the place where the ways are de­cayed, and there (if they see any hopes of finding materials fit for the Repara­tion thereof) without leave of the owner they may dig for Sand, Stones, Gravel, &c. so that it be not in the Houses, Gardens, Orchards, or Mea­dows of any man; for they are not to come there without Licence of the own­er; and in such place where they may dig without leave, they are not to make a pit above ten yards in hreadth or length; and they are to take care that the place be filled up again at the charge of the Parish within one month after, [Page 208] upon pain to forfeit five marks to the owner of the ground to be recovered by Action of Debt, and this is by the 5. El. Ch. 13.

21. The same power also is granted to Surveyors by the 14. Car. 2. Ch. 6. to dig for Gravel, Chalk, Sand, Stones, &c. in any man's ground in the Parish next adjoyning to the place where the ways are in decay, if there be not suffi­cient in the same Parish; Provided it be not in the House, Garden, Orchard, Court, Yard, Park with Deer in it, or in the Meadow of such party; and this they may do without paying any thing for the same Sand, Gravel, &c. only Damages to the party for the carriage of the same over his Grass, &c. and the pits and holes are to be filled up in such manner, and under such penalties as are prescribed in the 5. El. in the Section, next before shewed. 14. Car. 2. Ch. 6.

CHAP. III.

22. IF the owners of the Grounds next adjoyning to the High-ways do not keep their Hedges low, and cut down their Trees and Bushes growing in the same ways, they forfeit ten shillings, Wingate's Abr. Stat. Tit. High-ways. 5. El. Ch. 13. 8. El. Ch. 10.

23. And he that scowrs not his Ditches in the ground next adjoyning to the ground that is next the Highway, to the end the water may have the better passage out of the High-way, shall for­feit 12 pence for every Rod so left un­scowred. 18. Eliz. Ch. 10. Wingate ubi su­pra.

24. If any scowr his Ditch by the High-way side, and throw the scowring thereof into the High-way, and suffer it to lie there six months, he forfeits for [Page 210] every load thereof 12 pence; and the Surveyors are to make Sluces where such banks have been heretofore made, for carrying away the water out of the High­way. 18. El. Ch. 10.

25. Every Surveyor may cause any Water-course, or Spring of Water, be­ing in the High-way, (within their Pa­rish) to be turned into another mans several Ditch or Ground next adjoyning to the said way, in such manner as by the discretion of the said Surveyor shall be thought meet. Dalt. J. P. Chap 26. fo. 70.

26. Note, That the Forfeitures of the Act of the 18. El. 10. must be levyed by the Surveyors for the time being (by Warrant from the Justices before whom the party shall be convict) by Distress and Sale of Goods, which forfeitures are to be imployed towards the amend­ment of the High-ways; and if the Sur­veyors neglect to do it within one year after the offence committed, then the Constables and Churchwardens by like Warrant may do it. 18. El. Ch. 10. Win­gate Abr. Stat. Tit. High-ways.

27. The Surveyors or one of them are to present to the next Justice of [Page 211] Peace every default upon the 2. & 3. P. & M. Ch. 8. & 5. El. Ch. 13. within one month after it shall be made, in pain of 40 s. and the Justice is in pain of 5 l. to certifie the same at the next Quarter Ses­sions, where the Justices have power to inquire of the Default, and shall set such Fine upon the Delinquents, as they or two of them (Quor. unus) shall think fit. 5. El. Chap. 13. Dalt. J. P. Ch. 26. fo. 70.

28. Note, That the Presentment of a Justice of Peace in Sessions, upon his own knowledge, shall be a good Con­viction, whereupon the Justices in Sessi­ons, or any two of them (Quor. unus) may assess a Fine, as well as upon a ver­dict of Twelve men; but in this case the Delinquent shall be admitted to his Tra­verse as in other cases. 5. El. Ch. 13. vide Rastall. 199.

29. The Defaults and Offences upon these Stat. 2. & 3. P. M. 5. El. & 18. Eliz. are inquirable by the Justices of Peace in their Sessions, or by Stewards in Leets, either of which have power to set Fines upon Offenders at their discre­tions; of which Fines Indented Estreats (in the Sessions under the Hand and Seal [Page 212] of the Clerk of the Peace, in the Leet under the Hand and Seal of the Steward) shall be delivered within six weeks af­ter Michaelmas, one part of the Estre­ate to the Bay liff or High Constable of the Liberty, and the other part to the Constables and Churchwardens of the Parish where the Offenders live. 2, 3. P. M. Ch. 8. 5. Eliz. Ch. 13. 18. Eliz. Ch. 10. Wingate's Abr. Stat. Tit. High-ways.

30. And these Estreats shall be a suf­ficient Warrant for the Bayliff or Chief Constable of the Liberty to levy the said Offences by way of Distress; and if no distress can be found, or the party do not pay the Fine within 20. days after lawful demand thereof, he or they shall forfeit double so much; all which Fines and Forfeitures are to be imployed and bestowed towards the amendment of the High-ways in the Parish where the of­fences are committed. Wingate's Alr. Stat. Tit. High-ways, 2, 3. P. M. Ch. 8.

31. The Bay liff, or High Constable, shall yearly betwixt the first of March and last of April render an Account un­to the Constables and Churchwardens, who have the other parts of the Estreats of the Fines, of what mony they have [Page 213] received in pain of 40 shillings; and the said Constables and Churchwardens have power to call the Bay liff or High Con­stable before two or more Justices of the Peace (Quor. unus) to pass his Account, who have power to commit him, until he have satisfied all the Arrearages by him received, save 8 d. in the pound for his own Fee, and 12 d. in the pound for the Clerk of the Peace, or Steward of the Leet; and in this case the succeed­ing Constables and Churchwardens have the same power as their Predecessors had. 2, 3. P. M. Ch. 8.

32. Two Justices of the Peace by the Stat. 18. El. may take Accounts of the Surveyors of the ways, and of the petty Constables and Churchwardens, for such Forfeitures (within that Statute) as they have Levyed. 18. El. Ch. 10. Dalt. J. P. Ch. 26. fo. 71.

33. By the 14. Car. 2. Ch. 6. Every person elected a Surveyor of the High­ways, shall within one month after his year expired yield up to the Inhabi­tants of the Parish, Town, or Hamlet, at some publick meeting appointed by the Inhabitants, a perfect Account of all monies he hath received and paid within [Page 214] the year, by reason of his said Office, and of whom, what sum, and to whom he paid the same, what monies are in Ar­rear for Fines, Forfeitures, Penalties, &c. And if any overplus be in his hands, he shall turn the same to the next Sur­veyor for the use of the Parish, Town, or Hamlet, to be disbursed in and about the High-ways the year following. And if the Surveyor shall not make such ac­count and Payment, then two Justices near the Parish upon complaint may ex­amine the business upon Oath, and up­on default found in the Surveyor, they may commit him to the Gaol of the County, City, &c. there to remain till he have made a true Account and Payment. 14. Car. 2. Ch. 6.

34. All Justices of Assize, Oyer and Terminer, and Justices of Peace are im­powred to hear and determine all mat­ters concerning Charitable Gifts, for the amending and keeping in Repair any common High-ways, Pavements, Streets, &c. within their Commission, and to make Orders for the due Imployment of such Gifts (except the Gift be made to the use of any Colledge, Hall, Free School, or Hospital, who have proper [Page 215] Visitors of their own) and to deter­mine all offences and defects in Survey­ors concerning the same; and in case any person be agrieved by such order, he may appeal to the Court of Chancery, as in case of a Decree made upon the Sta­tute of Charitable Ʋses. 14. Car. 2. Ch. 6.

35. No Travelling Wain, Wagon, Cart, or Carriage, wherein any Goods, Burthens, or Wares shall be carried or drawn for hire (other than such Carts and Carriages as are imployed about Husbandry, and managing of Lands, and in carrying of Hay, Straw, Corn unthreshed, Coal, Chalk, Timber for Shipping, materials for building, Stones of all sorts, or such Ammunition or Ar­tillery as shall be for his Majesties Ser­vice) shall at any one time Travel, be drawn, or go in any publick or com­mon High-way with above 7 Horse, Beasts, whereof six shall draw in pairs, nor with above eight Oxen, or six Oxen and two Horses; nor shall at any time, carry above 2000. weight between the first of October, and the first of May, (except such particulars as abovesaid) nor above 3000 weight between the first of May and the first of October; [Page 216] nor above five quarters of Wheat, Meal, Mesline, Rye, Pease, Beans, Tares, nor above eight quarters of Barly, Malt, or Oats; nor shall any Waggon, Wain, or Carriage, be imployed for the said uses, the wheels whereof are less in breadth than four inches in the tyre, upon pain every owner of such Waggon, Wain, or Carriage, Horse, Beasts, or Oxen, shall for every of the said of­fences forfeit 40 shillings, to be di­vided into three equal parts, one to the Surveyors of the High-ways where any of the offences shall be commit­ted towards the repair of the High­ways of the Parish there, one other part to the Overseers of the Poor of the Parish where the offence is com­mitted for the Relief of the Poor there, and one other part to him that shall discover and prosecute for every of the said offences; The penalties to be le­vyed by Distress of all or any the Horse, Beasts or Oxen, and to be di­stributed as aforesaid, by the Consta­ble, Surveyors of the High-ways and Overseers of the Poor; and in case the penalties be not paid within three days after Distress, then the same to [Page 217] be sold, rendring the overplus, the charges of keeping and selling first de­ducted. 14. Car. 2. Ch. 6.

36. Note, there are several Statutes which concern particular High-ways in which these Surveyors are little concerned; I shall therefore only name the Statutes, and they who desire to be further informed therein, may look the Statutes at large.

37. Stat. 39. El. Ch. 19. For repa­ring the High-ways in the Wild of Sussex, Surry, and Kent, used for Iron Works, Stat. 37. H. 8. Ch. 3. For Hun­tington Lane near to Chester; Stat. 14. H. 8. Ch. 6. & 26. H. 8. Ch. 7. For laying out new High-ways in the Weild of Kent or Sussex▪ Stat. 1. M. Par. 2. Ch. 5. For the Cawsey between Dorchester and Sherborn. Stat. 18. El. Ch. 10. about the Kings Ferry in Kent.

CHAP. IV.

38. FOr the inlargement of the High­ways, Streets, P [...]vements, Gut­ters and Sewers in and about London; these things are to be known, that [...]ere are Commissioners to be appointed under the Kings Great Seal; any Five or more of which Commissioners may direct and order the pulling down and removing of Nusances and I [...]croachments, and the inlargin [...] ▪ altering, new making or cleansing of V [...]lts, Sinks, and Common Sewer [...], and may inlarge or straiten the passages as they see cau [...]e, according to the L [...]mitations laid down in the said Act. 14 Car. 2. Ch. 2.

39. For the raising of Mony for the Commissioners to eff [...]ct their work with, they are [...]o Licence 400 Hackny Coach­es and no more, every of which is to pay five pound per annum to the Com­missioners, and every load of Hay is to [Page 219] pay six pence, and every Cart load of Straw two pence every time they stand upon the new paved Streets about the Mews, &c. mentioned in the Act, to the Commissioners, or to such as they shall appoint, [...]4 Car. 2. Ch. 2.

40. The Commissioners also are to or [...]er and direct the Scavengers, and such lik [...] Offi [...]e [...]s and others, [...]o the car­rying away of F [...]t [...] and D [...]rt in the Str [...]ts; and every Householder in Lon­don Westminster, Borrough of Southwark, and places a [...]jacent, are to sweep and cleanse the Streets, Lanes, Allies, and publick places, before their houses, twice every week (to wit) Wednesdays and Saturdays, and made it ready for the Scavenger to carry away, on pain of 3 s. 4 d. for every neglect. 14. Car. 2. Ch. 2.

41. And no person whatsoever, upon pain of five shillings, is to throw any Filth, Dirt, Ashes, or noysom thing into the Streets, Lanes, Allies, or against the Walls of any Church or Churchyard, or other Houses, nor throw the same into any Vault or Sink; but they are to keep the same in their Houses until the Sca­venger come, and then they are to carry it out to him, or otherwise put it in [Page 220] his Cart, upon pain to forfeit for eve­ry offence twenty shillings. 14. Car. 2. Ch. 2.

42. None are to hoop, wash, or cleanse any Pipe, Barrels, or other Casks or Vessels, in any of the Streets, Lanes, or Passages aforesaid, nor set out any empty Coaches to make or mend, or rough Timber or Stones to be sawn or wrought in the Streets, on pain of twenty shil­lings for every offence; and every House­holder is to repair and keep paved the Streets, Lanes, &c. before his House un­to the Channel or middle of the same Street, upon pain of twenty shillings for every Rod, and after that proporti­on for a less quantity for every Default; and twenty shillings per week for every week after till it shall be well paved and amended: such Streets as have been o­therwise repaired are to keep their old custom; and every Housholder also, whose House adjoyns next the Street, is to hang out his Light from Michaelmas till Lady-day, from such time as it begins to grow dark till nine of the clock in the Evening upon pain of 12 d. for every de­fault. 14. Car. 2. Ch. 2.

[Page 221]43. Every Justice of either Bench, Barons of the Exchequer, or Justices of Peace in the places aforesaid, within their several Limits, may upon their own knowledge, or view, confession of the Party, or proof of one Witness upon Oath convict any person, &c. of the of­fences aforesaid, whereby they shall in­cur the penalties aforesaid, one moiety to the repairing and cleansing of the Street, &c. the other to the Discover; but in case the Justice himself convict the party upon knowledge or view of himself, then all the penalty is to be im­ployed for the repairing of the Street or place where the offender lives: And these Forfeitures are to be levyed by Distress and Sale of the Offenders Goods by Warrant under the Hand and Seal of any such Justice, &c. rendring the overplus to the party, and for Default of Distress or Non-payment within six days after demand, or notice in writing left at the offenders dwelling house by the Con­stable or other Officer, the offender (not being a Peer of the Realm) may by such Justice be committed to the Com­mon Gaol, there to remain till payment. 14. Car. 2. Ch. 2.

[Page 222]44. Within London, and the Liberties thereof, the Scavengers, Rakers, and such like Officers are to be elected, and such payments made by the Parishioners to them, for cleansing the Streets, as hath been used by custom; and in West­minster also they are to observe their customs for Election and Payments as a­foresaid, and in all other Parishes and places upon every Tuesday or Wednes­day in Easter week the Constables, Churchwardens, and Overseers of the Poor, and Surveyors of the High-ways of every Parish aforesaid, giving notice or calling together the Inhabitants of the Parish that have born such Office, they, or the greater number of them shall appoint Two Tradesmen of their Parishes to be Scavengers for the Streets, &c. of each Ward for that year fol­lowing; which persons being appoint­ed and confirmed under the hands of two Justices of Peace, within their Limits, &c. are within seven days after to take the Office upon them, on pain of twenty pounds upon every Refuser; and if after this, others be chosen, and refuse as a­foresaid, they are to suffer the like penalty: which penalties are to go to­wards [Page 223] the repairing of the Streets of the Parish, where, &c. to be levyed by Distress and Sale of the Offenders Goods, by Warrant from any Justice of Peace within the limits, &c. directed to the Constables, or other Officers, or [...] two of them, rendring the overplus to the owners; and for want of Distress or Non-payment six days after demand, the Offenders to be committed by any such Justice to the Common Gaol, there to remain till payment. 14. Car. 2. Ch. 2.

45. Within twenty days after Electi­on and Confirmation as aforesaid, the Constables and other Officers and Inha­bitants as aforesaid, or the greater num­ber of them, shall set a Rate according to the pound Rate, to be imposed upon the Inhabitants of the Parish, Ward, &c. for the year following, which being al­lowed and confirmed by two Justices of the Peace of the place aforesaid, respe­ctively, shall be yearly paid by every In­habitant, upon demand thereof by the Beadle of the Parish, or other Officer appointed to collect the same, and in case of refusal, two such Justices may grant their Warrant to levy the same by Distress and Sale; and for want of Di­stress, [Page 224] to imprison the offender as a­foresaid, (not being a Peer of the Realm) till payment be made. 14. Car. 2. Ch. 2.

46. The Rakers and Scavengers eve­ [...] day in the week (except Sundays and Holydays) must bring Carts, Dung­pots, or other fitting Carriages, into the Streets within their respective Wards, Parishes, and Divisions, where such Carts, &c. can pass; and at and before their approach by a Bell Clapper, or otherwise, shall make a loud noise, and give notice of their coming; and so into every Court, &c. where Carts cannot pass, and abide and stay there a conve­nient time, that all persons concerned may bring forth their respective Dust, Ashes, &c. to the said Carts, all which, the said Rakers and Scavengers shall carry away on pain of 40 shillings for every offence and neglect respectively. 14. Car. 2. Chap. 2.

CHAP. V.

47. FOr the amendment of the anci­ent High-way and Post-road leading from London, (for many miles in the County of Hertford, Cambridge, and Huntington) to York, and so into Scot­land, and likewise from London into Lin­colnshire, and from the City of Norwich, S [...]. Edmunds-Bury, and the Town of Cam­bridge to London; and from London to Newmarket, and so into Norsolk and Suf­folk, beginning at Puckridge in Hertford­shire, and so to Barley in the same Coun­ty, it is provided, as followeth:

48. The Justices of Peace at their Easter Sessions yearly, for the respective Counties aforesaid, from time to time are to nominate and appoint nine sufficient able persons, residing and inhabiting within the said several Counties, to be Surveyors of the several places in the [Page 226] ways aforesaid, for the year then next following, the Justices for the County of Hertford, to appoint the Surveyors for the [...]gh-way, lying in the several Towns and Parishes within the said County, and Justices for the Counties of Cambridge and Huntington respective­ly to do the like; and the Justices and these Officers are not to meddle out of their respective Counties: After the choyce of the Surveyors, the Justices are to give them notice in writing, and if they neglect or refuse the Office, the Justices at their Sessions may set any Fine under 10 pounds upon every such person so refusing or neglecting; and in case any one so chosen shall die, or shall be discharged of his Office, then any two or more Justices of the County, near to the High-way and places, may appoint some other fit person in his place, and give him notice thereof un­der their Hands and Seals; and if he refuse or neglect it, then to be under the same penalty, as the Refusers of them that were first elected. 15. Car. 2. Ch. 1.

49. The Surveyors within a week af­ter no [...]ice given them of the r [...] choyce, [Page 227] having no l [...]wful impediment to beallowed by the Justices that do choose them, are to meet in each of their Counties re­spectively, in some convenient place of each County appointed by the Justices at their Quarter Sessions, to veiw and sur­vey the same ways, and to consider what Reparations shall be needful, and they are in each County to provide Stones, Gravel, and other materials and necessaries for the work. 15. Car. 2. Ch. 1.

50. Any three of these Surveyors for each County, being met together as a­foresaid, with the approbation of two or more Justices of the County living near to the High-ways or places afore­said, may appoint a Receiver or Col­lector of Toll, and such other Officers as they shall find necessary to carry on their work, for which a moderate al­lowance is to be given. 15. Car. 2. Ch. 1.

51. Any three or more of the Sur­veyors are to appoint and require all the Inhabitants within three miles of the places aforesaid, and in the same County that are by the former Laws of P. & M. and▪ Queen Elizabeth chargeable to find [Page 228] Wain, Team, or Cart for the amend­ing of the High-ways, and other per­sons chargeable in person only, to la­bour herein for three days in a week, so that it be not in Seed-time, Hay, or Corn-Harvest, to come or send their Wains, Carts, or Teams provided, as by Law they ought to do, for repair of the High-ways, and when they are come, to appoint them their several work, and to pay them after the rate of the Coun­try for their work; and if any diffe­rence be, two Justices of the Peace of the County are to end it; he that fails to send his Wain, &c. for every day forfeits ten shillings, and the Laboures resusing or neglecting for every day 18 pence. 15. Car. 2. Ch. 1.

52. Any three or more of the Sur­veyors may appoint any to dig, take, and carry away so much as they shall think needful of the Gravel, Chalk, Sand, or Stones out of the Waste or Common of any neighbouring Parish or place near adjoyning to the place in decay, without paying any thing for it; and if it be not there to be had, then they may take it out of any mans several ground (not being an House, Garden, [Page 229] Orchard, Yard or Park stored with Deer) in any Parish chargeable to­ward the repair of the said High-way, giving only satisfaction to the owner of the ground for the damage he hath thereby, accordingly as the Justices at any of their Quarter Sessions shall set down, if any difference be: And they are withal speed convenient to fill up and level such Pits as they shall make, or else to rail them about, that they be not dangerous to Man or Beast. 15. Car. 2. Ch. 1.

53. The Surveyors are always at the Quarter Sessions next after Easter to give in an Account under their Hands to the Justices of all the mony they have received from the Collector or Recei­ver of the Toll, and what they have laid out about the High-ways, or in the ex­ecution of their Office; and if they have any mony in their hands, they are to pay it to the Surveyors for the next year, or to their Treasurer or Receiver; and then they are to have allowance for their pains; and if they shall not ac­count and pay in the mony in their hand, or if the Collector or Receiver of the Toll refuse to pay in the mony to the [Page 230] Surveyors upon Request, Then they re­spectively at any Quarter Sessions may be committed to Prison, till they do so account and pay in the mony. 15 Car. 2. Ch. 1.

54. If the Justices at their Quarter Sessions make any Rate for the repair of these High-ways, the Surveyors are to collect and receive it, and in case of Re­fusal they or their Receivers and Col­lectors may distrain for it, and sell the Distress rendring the overplus to the owners, and they or their Receivers are to receive all the Fines and Forfeitures named in the Act, and to imploy them towards the Repair of the High-ways; they might also (with the consent of the Justices at their Quarter Sessions) bor­row mony to repair the said High-ways, and ingage the Toll for it in their respe­ctive Counties, by Indenture under their Hands and Seals for any time under nine years, for Security of the Repayment of the Mony borrowed with Interest, and therewith repay the same. 15. Car. 2. Ch. 1.

55. The Collector of the Toll for these High-ways is to demand and re­ceive Toll or Custom, for all the Horses, [Page 231] Coaches, Carts, Waggons, Droves, and Gangs of Cattel, that shall pass, be led, or driven in or through the Toll Gates at Stilton in Huntingtonshire, at Arring­ton Bridge in Cambridgeshire, and at Wades Mill in Hartfordshire, after the pro­portion following; That is to say, for every Horse one peny, every Coach six pence, every Cart eight pence, every Waggon twelve pence, every score of Sheep or Lambs one half peny, and so proportionably for greater or lesser numbers; for eve­ry score of Hogs two pence, and so proportionably for greater or lesser numbers, not being under Five; for every score of Oxen or Neat Cattel five pence, and so proportionably for greater or lesser numbers; and if any refuse or neglect to pay, the Collector may di­strain the Horse, Coach, Cart, Waggon, Oxen, or other Cattel aforesaid, or any of them, and keep them till the Toll be paid, and damages for keeping the Di­stress. 15. Car. 2. Ch. 1. and see 16. & 17. Car. 2. Ch. 10.

56. Note, That no Passenger is to pay twice in one day at the same place, neither is any Souldier in his March, or [Page 232] Post-rider to pay Toll, and certain ad­jacent Towns also to the said places ap­pointed for taking of Toll are exempted. See the Statute it self. 15. Car. 2. Ch. 1.

57. The Toll at Stilton and Arrington Bridge is to continue 11 years, to begin from the 7th of July in the 15th year of the King, if the ways be not well amend­ed, and the monies borrowed paid in again, before the expiration of the said Term; and the Toll at Wades Mill is to continue for 21 years, after the 11 years expired, if the ways be not ad­judged to be well amended in the mean time, and all monies borrowed for that purpose, with the Interest thereof repaid again▪ 15. Car. 2. Ch. 1. 16. & 17. Car. 2. Ch. 10.

58. The Collector of the Toll at Wades Mill is to account weekly to the Receiver General, and the next Justice may give the Collector an Oath to make a true and perfect Account, and such Account is to be returned to the next Quarter Sessions for the County, by the Justice that gives the Oath. 16. & 17. Car. 2. Ch. 10.

59. All persons who by Law are chargeable towards the repairing of [Page 233] the High-ways aforesaid, shall still re­main so chargeable, by the 15. Car. 2. Ch. 1. and shall also pay six pence in the pound yearly, according to the true va­lue of their Estate, towards the repair of the said High-way during the con­tinuance of the Toll, which shall be paid to the Treasurer of the said Toll; and in default of payment six days after demand the Surveyors are to distrain for it, and sell the distress, rendring the overplus to the owners, if any be. 16. & 17. Car. 2. Ch 10.

60. The Receivers or Collectors of the Toll, that shall be in the Office at the end of the 11 years, if they upon their Account shall then have any mony in their hands, they are to bring the same to the Justices at their next Quarter Sessions, under pain to forfeit double so much, to be recovered by Distress and Sale of their Goods. 15. Car. 2. Ch. 1.

CHAP. VI.

61. WHere a Common Bridge in the Kings High-way is in de­cay, and that it cannot be proved or known, who, nor what Lands are charge­able to the repairing thereof; in this case Four Justices of the Peace (whereof one to be of the Quorum) within the Shire or Riding wherein such decayed Bridges be, and if they be in a City or Town Corporate, then four such Justices of Peace there, may, within the limits of their several Commissions, call before them the Constables, or two of the most honest Inhabitants of every Town and Parish within the Shire, Riding, City, or Town Corporate, wherein such Bridge or any parcel thereof shall happen to be; and the Justices (upon the appearance of the Constables or other Inhabitants, and with their assents) may tax every Inha­bitant in any such City, Town, or Pa­rish within their limits, to such reason­able [Page 235] sum of mony as by their discretions they shall think convenient, aswell for the repairing of such Bridge, and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the ends of any such Bridge. 22. H. 8. Ch. 5. Dalt. J. P. Ch. 13. fo. 40. Co. 2. Part. Inst. fo. 701. 702.

62. But note where the Franchise, Ci­ty, or Burrough is a County of it self, and hath not four or more Justices of the Peace, whereof one or more are of the Quorum, in this case no other Ju­stices of the Peace of any Shire or County have any power to meddle there by this Act, but such decay must be re­formed by the Common Law by such Remedies, as they were before the ma­king of this Statute of 22. H. 8. Co. 2. Part. Inst. fo. 702.

63. And note that this Taxation ought not to be made by the Justices without the consent of the Constables or Inhabi­tants, nor by them without the Justices; and this Tax ought to be upon every In­habitant in particular, and not to be set upon the Hundred, Parish, Town, &c. for then one or few might be distrained upon for the whole. Co. 2. Part. Inst. fo. 704.

[Page 236]64. After such Taxation made as a­foresaid, the said Justices of Peace shall cause the Names and Sums of every par­ticular person so by them Taxed to be written in a Roll indented in Parchment for every Hundred, and sealed with their Seals. Co. 2. Part. Inst. fo. 704. Dalt. J. P. Ch. 13. fo. 40.

65. And the said Justices may make two Collectors of every Hundred, for the Collecting of all such Sums of Mony, by the said Justices set and taxed; which Collectors receiving the one part of the Roll indented, have power thereby to collect: all the Sums of Mony therein contained, and if refusal be made upon demand, then to distrain and sell such distress, rendring the overplus to the owner if any be, Dalt. J. P. Ch. 13. fo. 40. 22. H. 8. Ch. 5. Co. 2. Part. Inst. fo. 705.

66. The said Justices also are to ap­point two Surveyors, who shall see such decayed Bridges and ways repaired and amended from time to time as often as need shall require, to whose hands the Collectors must pay the monies by them received. Dalt. J. P. Ch. 13. fo. 40. 22. H. 8. Ch. 5.

[Page 237]67. And the said Collectors and Sur­veyors, and their Executors and Admini­strators, & every of them shall from time to time make a true Account to the said Justices of Peace, of the Receipts, Payments, and Expences of the said Sums of Mony; and if any of them refuse so to do, then the said Justices of Peace from time to time by their discretions may make out process against the said Collectors and Surveyors, their Execu­tors and Administrators by Attachment, Precept, or Warrant, under their Hands and Seals returnable at their General Sessions of the Peace; and the said Ju­stices may allow such reasonable Costs and Charges to the said Surveyors and Collectors upon their Account, as to them shall seem convenient. 22. H. 8. Ch. 5. Dalt. J. P. Ch. 13. fo. 40.

68. If any such Bridge be wholly in a City, or other Corporate Town, the Inhabitants of the said City or Corporate Town must repair it; and where such Bridge lies out of such City or Corpo­rate Town, the same must be made by the Inhabitants of the Shire or Riding with­in which the same Bridge shall be; and if part of the Bridge be in one Shire or [Page 238] Riding, City, or Corporate Town, and part in another, then every of them shall be charged to make and repair such part as shall lie and be within their own limits. 22. H. 8. Ch. 5. Co. 2. Part. Inst. fo. 702. Dalt. J P. Ch. 13. fo. 41.

69. B [...]t otherwise no Village or Free­man shall be compelled to make any B [...]idge, but such as of old time, and by Right they were wont to make. Magna Charta. Ch. 15.

70. By the Common Law some per­sons were bound to repair Bridges, Ra­tione tenurae suae Terrarum. &c. and this was binding, into whose hands soever the Estate did come; but they which have Lands on the one side, or on the other, or on both, are not bound in Common Right to repair the same. 44. E. 3. 31. 21. E. 4. 46 5. H. 7. 3. Crompt. 186. 8. H. 7. 5. b. Co. 2. Part. Inst. fo. 700.

71. If a man, which holdeth 100 Acres of Land, ought to repair a Bridge by te­nure of the same, do al [...]en 20 Acres thereof to one man, and 10 Acres to another man, in such case every owner or occupier of such lands must be charged proportionably for their said Lands. Re­gist. 268. a. F. N. B. 235. B. Co. 2. Part. Inst. fo. 700.

[Page 239]72. Again, some by the Common Law were bound by Prescription to re­pair a Bridge, but herein their is a di­versity between Bodies Politick or Cor­porate, Spiritual or Temporal, and Na­tural persons; For Bodies Politick, &c. may be bound by usage and prescription only, because they are local, and have a perpetual incession, and never die; but a Natural person cannot be bound by the Act of his Ancestor, without As­sets, or some profit to be taken there­fore, 21. E 4. fo. [...]8. b. [...]7. Ass 8. Crompt. 187 Co. 2. Part. fo. 700 Dalt. J. P. Ch. 13. fo 41

7 [...]. B, Common Right Bridges are to be amen [...]ed by the whole County, if it be not known who ought to do the same otherwise. Pasch. 10. E. 3. 28, 29. Co. 2. Part. Inst. fo. 701. Crompt 186. b. [...]r. 10. Car 1. the case of Longford Br [...]ge. Rolls Cases 1. Part. fo. 368. & Cro. R [...]p. 3. Part the same Case.

74. It a man E [...]ect a M [...]l for his own particular profit, and cut a new course for the wa [...]er to come to it, and makes a new Bridge over the same, and the Kings Subjects use to ride over the same as over a common Bridge; such Bridge [Page 240] ought to be repaired by him who hath the Mill, and not, by the County, be­cause he erected it for his own benefit. 8. E. 2. B. R. adjudged for Bow Bridge and Channel Bridge against the Priour of Stratford. Rolls Cases. 1. Part. fo. 368.

75. Such as are chargeable to repair a Bridge may enter upon any other mans Land or Soil adjoyning, and lay their Stone, Lime, Timber, or other things necessary there for the repairing and amending thereof, and the owner of the Lands shall have no Action therefore; for it is for the common profit: and the party that is chargeable to repair a Bridge, must also maintain the way at each end thereof (though the Soil be to another) and if the ends be broken by the Water course, he must follow the Water-course, and repair the way, &c. Crompt. 186. b. 43. Ass. Dalt. J. P. Ch. 13. fo. 42.

76. It is provided by the 14. Car. 2. Ch. 6. That all Bridges shall have suffi­cient Walls or Posts, and Rails on each side thereof, four foot high at the least, and that the same be from time to time sufficiently kept and repaired. 14. Car. 2. Ch. 6.

[Page 241]77. The Names of some Statutes fo [...] particular Bridges follow, 18. H. 6. Ch. 28. for the making of Burford and Cul­hamford Bridge. 18. El. Ch. 17. & 27▪ El. Ch. 25. for maintenance of Ro­chester Bridge. 18. El. Ch. 20. for Re­pair of the Bridges within a mile of Ox­ford, 23. El. Ch. 11. for the maintenance of the Bridges over Toffe in Wales 39. El. Ch. 23. for making and repairing of New­port and Carlion Bridges over the River Ʋsk 39. El. Ch. 24. for building and maintenance of a Bridge at Wilton upon Wye near Ross in HerefordsHire; 43. El. Ch. 16. for erecting and repairing Ed [...]n and Presberk Bridges in Cumberland. 3. Jac. Ch. 23. for making and repairing Chepstow Bridge, 14. Car. 2. Ch. 6. for building and repairing Laycock and Rey Bridges in Wiltshire, and Stratford Bridge in Middlesex.