CHAP. I. Of the Original, Office and Jurisdiction of High Constables, Petty Constables, Headboroughs, Bor­sholders and Tythingmen.

THE S [...]xon Christian King Alfred (King of England) for the more peaceable Government and Ease of his Subjects, divided this whole Realm of England first in­to Shires, then caused those Shires to be sub­divided into Hundreds, Rapes, Ridings, Wa­pentakes; and divided these also into Tythings, Leets or Boroughs, and in all these Divisions were appointed Officers for the better preser­vation of the Peace, such are High Constables, Petty Constables, Headboroughs, Borsholders and Tythingmen; the Office of all these latter, is one and the same, only different in Title, according to the Custom of the Country; in [Page 2] Middlesex, besides the High Constables of the Hundreds, they have Petty Constables and Headboroughs in the respective Parishes, and they are in number more or less, according to the greatness or smalness of the Parish; in Kent these Petty Officers of the Parishes are called Borsholders; but in Hampshire, and all the Western Parts, Tythingmen, and their Di­visions of Parishes, Tythings; in Sussex the Hundreds are called Rapes; and in the North, Ridings and Wapentakes.

There was antiently in England, a great Of­ficer called the High Constable of England, and he kept an Office (which is supposed to come hither with William the Conqueror out of Normandy) or Court, called the Constables Court, or the Court of the High Constable, wherein he had Authority to hear and deter­mine Contracts, touching Deeds of Arms out of the Realm, and to determine all things con­cerning War within the Realm; as Combats, Blazon, Armory, &c. but not to deal with Battel in Appeals, that belonging to the Com­mon Law of the Land.

Amongst the rest of the Conquerors Laws, this is one, That if a French-man do Appeal an English-man of Perjury or Murder, the French-man may defend himself by Battail, Which in English was then called Earnest, which Word we yet retain; and the Officer to see this performed, was the High Constable; but this Officer, Court and Practice, is long since dissolved.

The Etymology of this word Constable, pro­ceeds from the old word Conning or Cyng, and Staple or Stable; the word Conning [Page 3] or Cyng, signifies a King, and Stable, a Stay or Prop; which is as much as to say, the stay or Prop of the King; that great Officer the Constable of England, having that Title given by reason of the great Authority that he had, was a principal Prop or Stay unto the Kings Government; from whence is this Title and Office of this Lower Constableship de­rived and continued (though with lesser Au­thority unto this hour) and is a Branch of that Original.

By the Statute of Winchester, made in the time of King Edward the First, these Con­stables of Hundreds were appointed to keep Watching and Warding, for the better keep­ing of the Peace, and prevention of Thieveries and Robberies, and apprehensions of Felons and Rogues, &c. and that the High Constables in every Hundred and Franchise, should take the view of Armor, &c.

Hereby it appears, that the Name of a Con­stable in an Hundred or Franchise, is an Of­ficer to assist and support the King's Majesty in the Maintenance and Perservation of his Peace, within his Hundred or Franchise, and he is called the High Constable, in respect of the Constables or Petty Constables, and Head­boroughs or Tythingmen, which be in the respective Towns, Villages, Parishes, or Pre­cincts within his Hundred or Franchise under his Jurisdiction; and it is also the part and duty of these inferiour Officers to execute the High Constables Office in his absence, in main­taining and keeping the Peace in their several Tythings and Limits, and in the High Consta­bles [Page 4] presence to be aiding and assisting unto him.

The High Constables of every Hundred, or Rape, or Riding, are chosen by the Justices in each County, most usually at their General Quar­ter Sessions, or in their several Divisions. From the Justices they receive their Authority, and are by them again discharged of their Office as they shall see cause. At the entrance into their Office they take an Oath, the usual Form whereof followeth.

In this Oath is briefly comprehended the whole Duty of a Constable, and the principal Matters of his Office at large.

There are in several Counties of this Realm other Officers; that is, by other Titles, but not much inferiour to our Constables; as in Warwick-shire a Thirdborough, and in other places a Borough-head, in others a Chief-pledge.

The Authority of these (as I said) is much like that of the Constables: but yet the Office of the Constable is distinct, and of greater Au­thority and Respect than these.

[Page 7]But in Towns where there be no Constables, and that the only Officers for the Peace, there be Headboroughs, Thirdboroughs, Borsholders, or such others; and in such cases where their Power and Authority is declared to be equal with the Constable; in all such things their Office is all one in a manner: and divers Statutes do appoint Offenders to be punished by the Constable, or other inferiour Officers, which must needs be the Tythingmen, &c. 1 Jac. cap. 7.

12 H. 7. f. 8. The High Constables of Hun­dreds, are Conservators of the Peace within their several Hundreds and Franchises at the Common Law.

Brook Peace 13. Fitz. 127. All Petty Con­stables by virtue of their Office, within their several Liberties of their several Towns, are Conservators of the Peace at the Common Law.

Bacons use of the Law [...], 6. In ancient time High Constables of the Hundreds, and Petty Constables in every Town, were yearly ap­pointed by the Sheriff in his Turn, and were there sworn.

Direct. Judges 29. Constables lawfully chosen, if they shall refuse to be sworn, the Justices of the Peace may bind them over to the As­sizes or Sessions of the Peace, and for such his Contempt, he is there to be indicted, fined, and imprisoned.

Coke 8.43. Every Person that is chosen to be a Constable, ought to be idoneus Homo, a Man apt and fit for the Execution of the said Office: and to be idoneus Homo, the Law re­quireth in him three qualifications, viz.

[Page 8]1. Honesty: to execute his Office truly, without Malice, Affection or Partiality.

2. Knowledge: to understand his Duty wh [...] he ought to do.

3. Ability: as well in Estate as in Body, tha [...] so he may attend and execute his Office diligently, and not neglect the same through Wan [...] or Impotency.

For such as are chosen out of the meane [...] Sort, are either ignorant what to do, or stand in awe of the greater; so that they dare no [...] do what th [...]y ought, or else are not able to spare time; therefore they ought to be chosen out of the better sort of Parishioners, and not either by the House, or other Custom.

If a Man be chosen Constable, not able and qualified as aforesaid, he may be discharged of his said Office by Law, and another fit Man ap­pointed in his place.

Co. 8.42. If Leets chuse unable or unfit Pet­ty Constables, it is cause of Forfeiture of the Leet, and such choice is void.

14 Car. 2. c. 12. Two Justices of the Peace may appoint and swear new Constables, Head­boroughs, &c. in case of death or removal of such Officers out of the Parish. And if in de­fault of holding Court Leets they continue above the Year, they may be discharged at the Sessions, and others put in.

Idem Stat. Constables, Headboroughs and Tythingmen, which are out of Purse for their Charges, they may with the Churchwardens and Overseers of the Poor, and other Officers of the Parish, make Rates upon all Occupiers of Lands and Inhabitants, and all others charge­able to the Poor, by the Stat. 42 El. which be­ing [Page 9] confirmed under the Hands and Seals of two Justices of the Peace, may by their War­rants be levied by distress and sale of the Goods of such as refuse to pay the same.

I shall now set forth every particular Branch of the Constables Office, and of the Tythingmen, Headboroughs, and Borsholders: their Duties are the same in effect, and their Authority; yet the later are inferiours to the former.

CHAP. II. The Constables Office about Affrays.

IF one makes an Affray, or Assault upon another, in a Constables presence, or in his presence shall threaten to kill, beat or hurt another, or shall be in a Fury ready to break the Peace. In these Cases, the Consta­stable may commit the Offenders to the Stocks, or to some other safe Custody for the present, until such time as he can carry them before some Justice of the Peace, or to the Goal, until they shall find Sureties for the Peace. The Con­stable may take Security for the Peace, by Ob­ligation to be sealed and delivered to the Kings use, which Bond the Constable was to send to the Exchequer or Chancery, from whence the Process should issue to levy the Debt to the Kings use, if the Peace were broken. This was the Opinion of three of the Judges of the Common Pleas in Skirrets Case, Trin. 35 Eliz. Com. Banc. Rot. 1458. But Anderson Chief Justice said, That the Constable ought to car­ry [Page 10] the Party, that he should see breaking o [...] the Peace, before a Justice to find Sureties so [...] the Peace which is the usual Practice at this day. 3 H. 4. 9 & 10. Bacons use of the Law, fol. 5. Dalt. J.P. c. 1. fol. 4, 5.

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

3 H. 7. 1. 3, H. 7. 20. Lamb. 136. 38. E. 3. 8. Dalt. J. P. c. 8. fol. 33. If any be dangerously hurt in an Affray, the Constable, or any other may stay the Offender, and carry him to a Ju­stice of Peace, who is either to Bail him till the next Goal delivery, or to commit him to the Goal, until it be known whether the Party hurt will live or dye thereof.

Lamb. 135. 1 H. 7. 7. 3 H. 7. 10. If Affrayers will not depart, but do draw Weapons, or give any Blow, the Constable may command Assistance of others to cease the Affray; and if they make resistance, may justifie the bear­ing, and wounding of them: and if either the Constable, or any of his Assistants be killed, it is Murder in the Affrayers.

Lamb. 135. 7 E. 3.19. Where there is a great and dangerous Affray, the Constable may make Proclamation in the Kings Name, that the Af­frayers shall keep the Peace, and depart. And if the Affray be in a House, the Constable may break into the House (if the Doors be shut) to [Page 11] 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 them.

Dalt. c. 8. fol. 34. &c. 118. fol. 340. Cromp. 146. b. & 172. b. Where the Affrayers fly into ano­ther County, the Constable seeing it, may fresh­ly pursue, or cause them to be pursued, and taken there: and then the Constable may carry them before some Justice of Peace, of the County where they are taken, to find Sureties for the Peace.

And if they flie into a Franchise, only within the same County where the Affray was, the Constable (seeing this) may freshly pursue them, and take them out thence.

Dalt. J. P. c. 8. f. 34. 38 H. 8. After the Af­fray is over, the Constable cannot Arrest the Affrayers without a Warrant; except some Person hath received such hurt there, that he is in danger of death. But before the Affray be­gun, and at the time thereof, he may Arrest them without a Warrant.

Dalton ibid. It is not properly an Affray, un­less some blow be given or offered to be given; for hot words is no Affray, neither can the Constable apprehend them for Words, unless they threaten to kill, beat, or hurt one ano­ther; in such Case the Constable may take such Persons and carry them before a Justice to find Sureties for the Peace, and yet such Threatning is no Affray

If an Affray, or an Assault be made upon the Constable himself, he may not only defend himself, but may also put the Parties offending [Page 12] in the Stocks till such time as he can carry the [...] to a Justice of Peace, or to the Goal; an [...] if he be not able to arrest them himself, h [...] may then call others to his Assistance, wh [...] may justifie to arrest the Offenders, Dalt. c. 8▪ fol. 35. 5 Hen. 7. 6.

CHAP. III. The Constables Office about Alehouses, &c.

IF any one keep an Alehouse, or sell Beer or Ale without Licence, he forfeits 20 s. to the use of the Poor, to be levied by distress and sale of the Offenders Goods, by the Con­stable and Churchwardens, by Warrant from a Justice of Peace, before whom the Offence i [...] proved; which Goods are to be sold within three days after the Distress taken, and the Overplus to be returned, if any be: and in default of Distress, the Delinquent is to be openly whipped by the Constable. If the Con­stable refuse, or neglect to execute his Warrant, he forfeits 40 s. to the Poor; and the Justice may commit the Constable to the Goal, until he causeth the Offender to be whipped, or pay­eth the 40 s. to the use of the Poor, 3 Car. 1. c. 3. Dalt. J.P. c. 7. f. 31, 32.

If a common Inn keeper or Alehouse-keeper refuseth to lodge a Traveller, he profering to pay ready Mony for his Victuals, &c. the Con­stable may cause such an inn keeper or Ale­house-keeper, to be indicted at the Sessions or Assises, where he may be fined and imprisoned, or the Party grieved may have his Action of the [Page 13] Case against the Inn-keeper or Alehouse keeper. But 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. Daltons J.P. c. 7. f. 28.

In the Condition of the Recognizance, which every Alehouse-keeper enters into, that is li­censed to sell Drink, it is one Clause, That he shall keep one or more spare Beds for lodging of Strangers.

Were this well looked into, in and about Lon­don, abundance of forfeited Recognizances would be found; and a great many lazy Knaves, that Live at their Ease, by selling Drink, might be set to work for their livings.

They are bound likewise not to suffer any Gaming in their Houses or Backsides, which now is the main Prop of most of them; and there they draw in Apprentices, and Servants, to their ruin: were they punished according to the Statute for this, these Caterpillars would not swarm so thick as they do.

If any Inn-keeper, Alehouse-keeper, or Vi­ctuallers do sell less than a full Ale Quart of the best Ale or Beer, or two Quarts of the small for one Penny, he forfeits 20 s. for every Offence. If he suffers Townsmen, or others, to sit tipling in his House, he forfeits 10 s. for which the Constables and Churchwardens, upon a Warrant from a Justice of Peace, ought to distrain and levy the Forfeitures, accord­ing to the Statute; and if there be no Di­stress to be found, or if the Officers neglect within 20 days to certifie the same Default to the Justices, the Officer forfeirs 40 s. to the use of the Poor, to be levied by Distress on [Page 14] their Goods, by Warrant made to any indiffe­rent Person, from any one or more Justices of the Peace, under their Hand and Seal. And, for want of Distress, the Justice may commit the Offenders to the Goal, there to remain till they have paid the said Forfeitures. In all these Cases, the Distresses are to be kept six days, and if the Parties do not pay the For­feitures within that time, then the Distress is to be apprised and sold, and the Overplus re­turned to the Owners, if any be, 1 Jac. c. 9. 1 Car. 1. c. 4.

If the Constable, or other Officer of the Pa­rish, neglect to serve the Justices Warrant against Townsmen, or others, for Tipling in any Inn, Alehouse, or Victualling-house, or against Men for being Drunk, viz. for Tipling, 3 s. 4 d. and for being Drunk, 5 s. 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 able to pay, the Tipler is to be set in the Stocks four hours, and the Drunkard six hours; and if in any of these cases the Constable neglect to do his Duty, he forfeits 10 s. to be levied by Distress and Sale of his Goods to the use of the Poor. These Offences are to be enquired after within six Months after they are committed, and the Con­stables, and other Officers of the Parish may be charged upon their Oaths to present them. 21 Jac. c. 7. Dalt. J.P. c. 7. f. 28.

CHAP. IV. The Constables Office about Arms, &c.

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 seize and take away their Armor, 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. c. 3. 7 R. 2. 13. Co. 3. part Inst. fol. 162. Dalt. J. P. c. 9. fol. 35, & 159.

But 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 their Office, and all others pur­suing Hue and Cry, where any Felony, or other Offences against the Peace be committed, may lawfully bear Armor or Weapons, 2 E. 3. c. 3.

All High Constables, Petty Constables, and other Officers within their several Parishes, are to be aiding and assisting to such Persons as shall have Warrants from the Lord Lieute­nants, or any two of their Deputies, under their Hands and Seals, to search for, and seize all Arms in the custody and possession of any Person or Persons whom the said Lieute­nants or their Deputies shall judge to be [Page 16] dangerous to the Peace of the Kingdom, and to secure the same, and give account thereo [...] 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 Bill [...] 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 i [...] to be searched, unless the Warrant be from the Kings Majesty, under his Sign-Manual, or in the Presence of the Lieutenant, or one of the Deputy Lieutenants of the said County o [...] 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 fit, may be restored to the Owners again, 14 Car. 2. c. 3.

The Constables by Warrant 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 Liberties, for the furnishing of Arms, Horse or Foot, or Payment of Soldiers, 14 Car. 2. c 3. & 15 Car. 2. c. 4.

And where sufficient Distress cannot be had, then the Lord Lieutenants and 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, ibid.

CHAP. V. Articles which the High Constables are to return the Justices at their Sessions, or their Monthly Meetings of the Divisions, and to cause their Petty Constables, &c. in their several Liberties to make Return thereof unto them.

1. THey are to return the Names, Sir names, Additions of Names and Qualities of all Popish Recusants (as well House-keepers as Lodgers) dwelling or residing in any of their said Parishes, Liberties or Precincts.

2. Such Persons as shall continue Drinking or Tipling in any Inns or Alehouses at any time, and more especially upon the Lords Day, or Holy Days, and such Persons as they shall find Drunk, and all such Inn-keepers and Alehouse-keepers as shall entertain them.

3. Item the Names of such as shall pro­phanely Swear or Curse, with the number of their Oaths, immediately after the committing such Offence, inform the next Justice thereof.

4. Item they are to return such Victuallers or Alehouse-keepers as use Victualling, or sell­ing of Beer and Ale without License.

5. Item such Persons as suffer any unlawful Games to be suffered in their Houses, Backsides, or Gardens; and also the Names of such as shall play at any of the said Games.

6. Item such Persons as refuse or neglect to do their Duty of Watching and Warding.

7. Item such Persons as divide their Houses into several Tenements, and such as do en­tertain Inmates, who may be an Annoyance to their Neighbours, or likely to bring charge up­on the Parish.

[Page 18]8. Item the Defaults of Petty Constables a [...] Tythingmen, &c. for not causing Rogues, V [...] gabonds, and Beggars, to be duly apprehen [...] ed, punished, and passed, according to t [...] Statute.

9. Item all Masterless Men and Women, [...] ving at their own Hands, such as are Idle, a [...] will not Labour, and can give no good a [...] count how they get their Living; all suspi [...] ous Persons, Whores, Noctivagants, or Nigh [...] walkers, and Mothers of Bastards, which m [...] be chargeable to the Parish.

10. Item the Names of such Persons as [...] fuse to take Apprentices, poor Parish Childr [...] to Husbandry, or other Callings, according [...] Law.

11. Item all such as neglect to make d [...] Rates and Collections for the Relief of the Po [...] in every Parish, and that cannot, or do not gi [...] a just account of the Imployment of the Re [...] and Stock of the Poor.

12. Item of the Defects in the High Way and Bridges, with the Names of such as shou [...] repair them, and have neglected or refused [...] do their Duty herein.

13. Item such Scavengers as neglect to [...] their Office in cleansing the Streets, to be kep [...] clean within their Liberties; and the Name of such Persons as commit common Annoyances, by laying of Dung, Soil, Dirt or Ashes [...] the Street.

14. Item the Names of all such Persons [...] refuse to pave the Streets before their Houses where the said Streets have usually been pave [...] formerly.

[Page 19]15. Item the Names of all such Persons as [...]eep any Hogs (to the common Annoyance of [...]is Majesties Subjects) in or about such Liber­ [...]es, Places and Precincts, where Hogs ought [...]ot to be kept.

16. Item all such Bakers as put light Bread [...] sale, and the Weight thereof; and such [...]rewers as sell Beer or Ale to unlicensed Ale­house-keepers; all Forestallers, Regrators, and [...]grossers of any Corn, Grain, Butter, Cheese, [...]acon, or any other kind of dead Victuals [...]hatsoever.

17. Lastly, All such Persons as can prove or [...]stifie any of the said Offences, are to be warn­ [...]d to appear before the said Justices at their [...]essions or Meetings aforesaid, to testifie their [...]nowledge of such Offences of which they can [...]ve Information.

CHAP. VI. The Constables Office about Foreign Bone-Laces, Cut-work, Imbroidery, &c. and French Goods.

THE Constables upon Warrant to them directed from the Justices of Peace, or Chief Officers of the Cities, Towns Corpo­ [...]ate, &c. are to search within their respective Counties, Cities, Towns, &c. in the Shops [...]eing open, Ware-houses, and Dwelling-house [...]f such Person or Persons, who shall be su­spected to have any Foreign Bone-Laces, Cut-works, Imbroideries, Fringes, Bandstrings, But­ [...]ons, or Needle-works make of Thred, Silk, or [...]ny, or either of them, made in the Parts be­yond [Page 20] the Seas, and where they find any suc [...] to seize the same, 14 Car. 2. c. 13.

No French Wine, Vinegar, Brandy, Lin [...] Cloth, Silks, Salt, Paper, or any Manu [...] ctures made of, or mixed with Silk, Thre [...] Wool, Hair, Gold or Silver, or Leather, [...] ing of the Product or Manufacture of any [...] Dominions of the French King, shall after [...] 24th of August, 1689. during the Term of th [...] Years, or before the end of the first Session, Parliament, next after the expiration of [...] said three Years, to be imported into Engla [...] Wales, or Town of Berwick, or Isles of Jers [...] Guernsey, Alderny, Sark, or Isle of Man, mi [...] or unmixt with any Commodity of the P [...] duct of any other Country; such Import [...] on, and vending the said Commodities impo [...] ed contrary to this Act, being by the [...] Act declared a common Nusance: And su [...] Goods are to be seized, and carried in [...] his Majesties Ware-house, and if upon [...] Information into the Exchequer; the Ju [...] find that they are French Goods, Judgme [...] shall be, That the Wines and Brandy shall [...] staved and spilt in some River, Stream or S [...] near the place where they were seized, or sh [...] remain in the Ware-houses, and the other Co [...] modities publickly burnt and destroyed: T [...] Importers to forfeit the value: They in who [...] Hands they shall be seized, or who sold the [...] the like for the first Offence: And for the [...] cond Offence, double the value, and after Co [...] viction of the second Offence, to be incapab [...] to exercise, or execute any Office or Imployment about any part of the Kings Revenue, [...] any other Office or publick Imployment wh [...] soever.

[Page 21]And if any Person not being a known Mer­ [...]ant, Vintner, or Shop-keeper shall sell, or [...]pose to sale, any of the Commodities afore­ [...]d, (and be thereof convicted) shall over and [...]ove the aforesaid Penalties, suffer twelve [...]onths Imprisonment, without Bail or Main­ [...]ze, and all Ships and Vessels, with their [...]ns, Tackle and Furniture in which any of [...]e said Goods shall be imported during the said [...]erm; and also every Bark, Hoy, Lighter, [...]rge, Wherry, Boat or other Vessel whatsoever, [...]t of which any of the said Goods shall be [...]t on Shore, shall be forfeited, and the Ma­ [...]r, or any other Person taking care of such [...]ip or Vessel, shall forfeit 500 l. and also, [...]eing convicted thereof before a Justice of [...]eace, by the Oaths of two Witnesses) be com­ [...]itted to the next Goal, for twelve Months, [...]ithout Bail or Mainprize. And all Seamen, [...]ariners, Watermen, Carmen, Porters, La­ [...]urers, or other Persons whatsoever assisting [...] unshipping, carrying or conveying any of [...]e said Goods, upon Proof as aforesaid, shall [...] subject to like Imprisonment, or be pub­ [...]ckly whipt at the discretion of the Justice [...] Peace. And all Carts, Wains, Waggons, [...]arriages, Plough-Teams, Horses or Oxen made [...]e of in the Carriage or Conveyance of any of the said Goods, shall be seized, and upon Proof made before a Justice of Peace of the [...]ounty where the same were so seized, by [...]e Oaths of two credible Witnesses, that they [...]ere assisting in the Carriage or Conveyance of [...]ny of the said Goods, the same shall be for­feited, one half thereof to be disposed of to [...]he use of the Poor of the Parish where the [Page 22] same shall be seized, the other half to th [...] use, who shall seize the same. The Inform [...] who after seizure or stay of the Goods, fr [...] dulently delays the Prosecution, shall forf [...] 500 l.

All Officers of the Customs, Sheriffs, Mayo [...] Bailiffs, Constables, and other Officers are [...] joyned to be aiding and assisting in the due [...] ecution of this Act, See 1 W. & M.

By 2 W. & M. For the more effectual p [...] ting in Execution, the Act for Prohibiting [...] Trade and Commerce with France, it is Ena [...] ed, That if any Person after the first of F [...] bruary 1690. shall sell, or utter by retail [...] Glass Bottles, or in any other retail Measur [...] not made of Pewter, and sealed according [...] Law, any kind of Wine whatsoever, or oth [...] Liquor exposed to sale for Wine, or sell t [...] same for a greater price, than by the said A [...] is appointed, and be convicted thereof by t [...] Confession of the Party, or the Oath of t [...] credible Witnesses, before one or more J [...] stice or Justices of the Peace of the Count [...] City, or place where such Offence shall be co [...] mitted (who are hereby required and i [...] powered to adminster an Oath to that pu [...] pose) such Person being prosecuted with [...] thirty days next after such Offence committe [...] shall forfeit and pay for every such Offen [...] the Sum of fifty shillings, which if not pa [...] upon demand, shall be levied by distress a [...] sale of the Goods and Chattels of every suc [...] Offender, by Warrant under the Hand a [...] Seal of the Justice or Justices before who [...] such Conviction shall be made, which Warrant the said Justice and Justices are impowe [...] [...]d, [Page 23] and required to grant to the Constable, [...]eadborough, or Tythingman of the Parish, [...] Place where such Offence shall be commit­ [...]d, who are required and authorised imme­ [...]ately to levy the same, rendring the over­ [...]us to the Owner thereof; the said Penalty, [...]orfeiture, and Mony so levied, to be given to [...]e Informer.

CHAP. VII. [...]e Constables Office for providing necessary Car­riages for his Majesty, &c.

BY the Statute of 1 Jac. 2. it is Enacted, That the Clerk, or Chief Officer of his [...]ajesty's Carriages, shall three days at least [...]fore his Majesty's Arrival, by Warrant from [...]e Green-Cloth, give notice in Writing to [...]o or more of his Majesty's Justices of the [...]eace next adjoyning, to provide such a num­ [...]er of Carts and Carriages from the Places next [...]jacent, as his Majesty shall have present use [...], expressing the certainty of that number, [...] also the time and place when and where [...]e said Carts and Carriages are to attend; [...]hich Carriages shall consist of four able Horses, [...] six Oxen, or four Oxen and two Horses; [...]r each of which Cart or Carriage, the re­ [...]pective Owners shall receive sixpence for each [...]le they shall go laden; and, that in case [...]ny of his Majesty's Subjects of this Realm [...]all refuse to provide and furnish his Majesty, [...]hat now is, or his Queen that is or shall be, [...]r His or Her Houshold, or her Majesty Ca­therine [Page 24] Queen Dowager, or Her Houshold, [...] their Progress or Removals, with such suffic [...] ent and necessary Carriages for their Wardrobe, or other Necessaries, for ready Monl [...] tendered to them, or shall without just an [...] reasonable Cause refuse to make their Appearance, with such sufficient Carts and Carriage as are before exprest, that then upon d [...] Proof and Conviction of such neglect or refusal, by the Oath of the Constable or othe [...] Officer, or two other credible Witnesses, before the said Justices of the Peace of th [...] County, or Mayor, or other Chief Officer [...] the City or Corporation where he or the [...] Inhabit, (which Oath they shall have power t [...] adminster) the Party so refusing, shall for suc [...] his refusal and neglect, forfeit the Sum of fort [...] shillings to the Kings Majesty's use, to be forth with levied by distress and sale of his Goo [...] and Chattels (rendring to the Parties the ove [...] plus upon every such Sale, if there shall b [...] any) by Warrant from the said Justices of th [...] Peace, Mayor or other Officer. No Horses Oxe [...] Cart or Wain shall be enforced to travel abo [...] one days Journy from the Place where the [...] receive their Lading, and that ready Payme [...] shall be made in Hand, for the said Carriage at the place of Lading, without delay, according to the aforesaid Rates: And in ca [...] any Justice of the Peace, Mayor, Officer o [...] Constable shall take any Gift or Reward t [...] spare any Person or Persons from making such Carriage, or shall injuriously charge or grie [...] any Person through Envy, Hatred or Evil, will who ought not to make such Carriage, or sha [...] impress more Carriages than he shall be di­rected [Page 25] from the Green-Cloth to do, that then [...]pon due Proof and Conviction thereof, the [...]arty so offending, shall forfeit the Sum of ten [...]ounds to the Party thereby grieved, or any [...]ther who shall sue for the same, to be reco­ [...]ered by Action of Debt in any of his Maje­ [...]y's Courts of Record, wherein no Essoign, [...]rotection, or Wager of Law shall be allow­ [...]d. And in case any Person or Persons shall resume to take upon him or them to impress [...]ny Horses, Oxen, Cart, Wain or Carriages for [...]is Majesty's Service, other than the Person so [...]mpowered, then he or they so offending, [...]all upon due Conviction of the said Offence, [...]cur and suffer the Punishment contained in [...]e Act of 12 Car. 2.

And it is further Enacted, That the High [...]onstable or Constables, the Mayor, Bailiff, [...] other Chief Officer, who shall be required [...]y this Act, to warn the said Carts and Car­ [...]ages, as in the said Act directed, do make a [...]eturn in Writing to the Clerk or other Of­ [...]cer of the Carriages, of the Names and Places [...] Abode of every such Person who is so [...]arned to bring in his Cart or Carriage, to [...]e intent it may be known (in case of any [...]llure) who is in default, and the said Con­ [...]ables, and other Chief Officer or Officers ap­ [...]ointed by this Act, to warn in the said Car­ [...]ages, as abovesaid, may be discharged and [...]demnified, and the Defaulters punished, as [...]n this Act is provided.

14 Car. 2. c. 20. For providing Carriages, by Land and by Water, for the use of his Maje­ [...]y's Navy and Ordnance, Two or more Ju­stices of the Peace, by Warrant from the Lord [Page 26] High Admiral of England, or two or more [...] the principal Officers or Commissioners of th [...] Navy, or the Master of his Majesty's Ordnance or the Lieutenant of his Ordnance, are t [...] provide Carriages, with Horses and Oxen o [...] of the Country, not being above twelve Mil [...] distant from the place of lading; the Owne [...] of which Carriages, or their Servants, are [...] receive twelve pence a Mile for every Load [...] Timber, and eight pence a Mile for every T [...] of other Commodities. And all such Persons [...] neglect or refuse to make their appearance, u [...] ­on Oath thereof made before the Justices, b [...] the Constable, or two Witnesses, the Perso [...] refusing, or neglecting, forfeits twenty shilling [...] to be levied by Distress and Sale of his Good [...] by Warrant from the said Justices, Mayor, [...] other chief Officer, or from the principal O [...] ­ficers or Commissioners of his Majesty's Nav [...] or Master, or Lieutenant of his Majesty's Or [...] nance, rendring to the Owner the overplus, [...] any be, first deducting the Charge of Distrai [...] ing.

No Horses, &c. or Land-Carriage, shall [...] forced to travel more days-journy, from the place where they receive their Lading, nor b [...] compelled to continue longer in the Employment, than the said Justices shall appoint; an [...] that ready Mony be paid to the Parties in han [...] at the place of Lading, according to the Rat [...] aforesaid, Stat. ibid.

The said Act of 14 Car. c. 20. & 13 c. 8. are [...] continue until the end of the first Session of th [...] next Parliament, and expired, but revived b [...] 1 Jac. 2. for 7 years, from June 21, 1685. and [...] continue to the end of the first Session of the next Parliament.

CHAP. VIII. The Constables Office about Irish Cattel.

[...] any great Cattel, Sheep or Swine, or any [...] Beef, Pork or Bacon, (except such as is the necessary Provision of the respective [...]ps or Vessels in which the same be brought, [...] exposing the same, or any part thereof [...] sale) shall by any wise whatsoever be [...]ported or brought from Ireland, or any [...]er Part beyond the Seas, into the King­ [...] of England, Dominion of Wales, or Town [...] Berwick upon Tweed; in such case the [...]stable, Tythingman, Headborough, Church­ [...]dens, or Overseers of the Poor, or any of [...]m within their respective Liberties, Pa­ [...]es or Places, may take and seize the same, [...] keep the same during the space of [...]nt and forty hours, in some publick or [...]venient place, where such seizure shall be [...]de; within which time, if the Owner or [...]ners, or any for him, or them shall make [...]ppear unto some Justice of Peace of the [...]e County, where the same shall be so sei­ [...], by the Oath of two credible Witnesses, [...]t the same were not imported from Ireland, from any other Place beyond the Seas, (ex­ [...]t the Isle of Man) then the same, upon [...] Warrant of such Justice of Peace, is to be [...]ivered to the Owner or Owners without de­ [...], 18 Car. 2. c. 2.

But in default of such Proof and Warrant, [...]n the same to be forfeited, and one half [...]reof to be disposed to the use of the Poor [Page 28] of the Parish where the same shall be so fou [...] and seized; and the other part thereof to [...] or their own use that shall so seize the sam [...] 18 Car. 2. c. 2.

Such Cattel as are imported from the I [...] of Man, (before excepted) into England, & are not to exceed the number of six hundre [...] in one Year, and they are to be of no oth [...] Breed, than of the Breed of the Isle of Ma [...] and all to be landed at the Port of Chester, [...] some of the Members thereof, and not els [...] where, 18 Car. 2. c. 2.

This Act was to continue for seven Yea [...] and from thence, to the end of the first Ses [...] ­on of the next Parliament: And is now by t [...] Statute of 32 Car. 2. c. 2. revived and ma [...] perpetual.

But these former Remedies not proving effectual for the prevention of the Transpo [...] ing of the Cattel aforesaid, it is further pr [...] vided, That whensoever, and as often as [...] shall happen, either through any fraud [...] lent Agreement, or unfaithful Connivence [...] any Constable, Headborough, Tythingm [...] Churchwarden, or Overseer of the Poor, [...] that it shall happen any otherwise howsoev [...] that any great Cattel, Sheep, Swine, Be [...] Pork or Bacon, after the first Seizure [...] them, or any of them, by Virtue of the afor [...] said Act, shall be driven, brought, carri [...] into, or found in any other Parish or Plac [...] than where the same shall be first seized, [...] aforesaid; That then, and so often, and fro [...] time to time, it shall and may be lawful [...] and for the Constable, Tythingman, Headb [...] rough, Churchwarden, or Overseer of t [...] [Page 29] Poor, of every, or any such other Parish or Place, where such great Cattel, Sheep, Swine, Beef, Pork or Bacon, shall be brought, driven, or carried into, or found as aforesaid, to seize, [...]ake, and dispose of the same, and every, or any of them as forfeited, The one Moiety thereof to the use of the Poor of such other Parish or Place, where such Seizure shall be made, the other to the use of such Officer or Officers, who shall seize the same as aforesaid; any other, or former Seizure or Seizures, in any other Parish or Parishes, Place or Places, not­withstanding, Stat. 20 Car. 2. c. 7.

And now by the Statute of 32 Car. 2. c. 2. [...]t is further provided, That any Person may make such Seizures as well as the Constables, or other Officers or Inhabitants: And that to prevent fraudulent Seizures, and Compositi­ons, the Seizors shall within six days after Conviction and Forfeiture, cause the said Cat­tel, Sheep and Swine, to be killed; and the [...]ides and Tallow shall be to the Seizor, and [...]he Remainder to be distributed by the Churchwardens and Overseers, amongst the Poor of the Parish; where any such great Cattel, Sheep or Swine shall be imported or found.

The Seizor, Churchwarden or Overseers, sailing in his Duty, shall forfeit forty shillings, for every one of the great Cattel, and ten shillings for every Sheep or Swine, which should have been so killed and dristributed: one Moie­ [...]ty to the Poor of the said Parish, the other to the Informer, to be levied by Distress and sale of the Offenders Goods, by Warrant from any one Justice of Peace; and for want thereof, the [Page 30] Offender to be committed to Goal for th [...] Months without Ball.

Mutton and Lamb imported, shall be subj [...] to the like Seizure, and the Importers and S [...] lers to the like Penalties, as for Importation [...] Beef, Pork or Bacon; and the like of But [...] and Cheese imported from Ireland.

If any great Cattel, Sheep or Swine, wh [...] have been seized, be found alive in any ot [...] Parish or Place, they are to be seized ag [...] and killed to the Benefit of the Seizor, [...] the Poor of that Parish or Place, in man [...] aforesaid.

English or other Cattel, intermixt with I [...] Cattel, shall be deemed Irish in all respe [...] 32 Car. 2. c. 2.

CHAP. IX. The Constables Office about Conventicles.

BY the Stat. of 22 Car. 2. cap. 1. made agai [...] Seditious Conventicles; every Constab [...] Headborough, Tythingman, Churchwarden, [...] Overseers of the Poor, are authorized and [...] quired to levy the Fines assessed by the Just [...] of Peace, upon those who shall be present at u [...] lawful Conventicles, upon their Goods and Ch [...] tels, having first received a Warrant under [...] Hands and Seals of one or more Justices, or Ch [...] Magistrate, and forthwith deliver the Mony [...] levied to the same Justice of Peace, or Chief M [...] gistrate. And by Warrant from one or more J [...] stice or Justices, or Chief Magistrate, and respective Constables, Headboroughs and Tythingm [...] [Page 31] (Overseers not named) may with what aid, force and assistance they think fit, after refusal or denial to enter, break open into any House, or other Place, where they shall be informed any Con­venticle is held, as well within Liberties as with­out, and take into their Custody the Persons there unlawfully assembled, to be proceeded a­gainst according to this Act.

No Peers House is to be searched, unless in presence of a Lord Lieutenant, or two Justices of Peace, whereof one to be of the Quorum.

If any Constable, Headborough, Tythingman, Churchwarden, or Overseer of the Poor, shall know, or be credibly informed of any Conven­ticle within his Precinct, and shall not thereof [...]nform some Justice of the Peace, or Chief Ma­gistrate, and endeavour the Conviction of the Parties, but neglects his Duty, he forfeits five Pound, to be levied on his Goods: And any Person sued for acting by this Law, may plead the General Issue, and give the special Matter in Evidence, and shall recover treble Costs, 22 Car. 2. c. 1.

By the 1 W. and M. for Exempting their Majesties Protestant Subjects dissenting from the Church of England, from the Penalties of certain Laws, It is Enacted, That all Persons that take the Oaths, and make, and subscribe the Declaration in the said Act mentioned, to be taken, shall not be liable to any Pains, Pe­nalties and Forfeitures of 35 Eliz. nor 22 Car. 2. But, That if any Assembly of Persons dissent­ing from the Church of England, shall be had in any Place for Religious Worship, with the Doors locked, barred or bolted during any time of such Meeting together, all and every Person or [Page 32] Persons that shall come to, and be at suc [...] Meeting, shall not receive any benefit fro [...] this Law, but be liable to all the Pains an [...] Penalties of all the aforesad Laws, recited i [...] this Act, for such their Meeting. And also That if any Person dissenting from th [...] Church of England, as aforesaid, shall here after be chosen, or otherwise appointed t [...] bear the Office of High Constable, or Pet [...] Constable, Churchwarden, Overseer of th [...] Poor, or any other Parochial or Ward Office and such Person shall scruple to take upo [...] him any of the said Offices, in regard of th [...] Oaths, or any other Matter or Thing required by the Law, to be taken or done, i [...] respect of such Office, every such Person sh [...] and may execute such Office or Employme [...] by a sufficient Deputy, by him to be provided that shall comply with the Laws on this behalf.

CHAP. X. The Constables Office about Clothiers.

COnstables, and other Officers, upon request are to aid and assist the Wardens and Assistants for regulating the Trade of Worsteds, and other Stuffs, called Norwich Stuffs made in Norwich, and the County of Norfolk [...] 14 Car. 2. c. 5.

They ought to be very vigilant in this Business, for there never was such slight and unserviceable Stuffs as now are; to the great Damage of his Majesty's Subjects.

[Page 33]In the West-Riding of the County of York, [...]he Constables are likewise by Warrant from [...]he Justices of the Peace, Master and Wardens [...]f the Corporation, or any thirteen of them, [...]o levy such Fines, Penalties and Forfeitures, [...] shall grow due from any Clothier, by vir­ [...]ue of the Statute aforesaid, by Distress and [...]ale of the Offenders Goods, rendring the over­ [...]lus to the Owner upon demand, 14 Car. 2. c. 5.

Clothiers must pay their Spinners, and other Workfolks, their Wages in ready Mony, and [...]ot in Wares, and shall deliver their Wool in [...]ue weight, on pain to forfeit six pence for [...]very Default; and the Carders, Spinners, Wea­ [...]ers, and other Workfolks, are to do their Work faithfully, on pain to forfeit double Da­mages to the Party grieved, 4 E. 3. c. 1. Fitz. [...].P. 103.

The Master, or Head Officer in a Corpora­tion, where there is no Master, and out of a Corporation, every Justice of Peace, High Con­stable and Stewards of Court-Leet, shall hear [...]nd determine the Complaints, as well for non-payment of the Workfolks Wages, as the Da­mages aforesaid, by examining the Parties; for which Damages they have Power to commit the Offenders to the Goal, until the Party grieved be satisfied, Stat. idem.

The Justices of Peace, and High-Constables, may search any House, or other Place for Tenters, Ropes, Rings, Headwrinches, or other Engines for stretching of Cloth, and if they find any, to deface them; and if the Owner use them again, these Officers may take them away and sell them, and give the Mony to the Poor, 39 Eliz. c. 20.

CHAP. XI. The Constables Office about the Customs.

BY the 14 Car. 2. Such Person or Persons are authorized by Writ of Assistance, u [...] der the Seal of his Majesty's Court of Excheque [...] are to take a Constable, Headborough, or oth [...] publick Officer inhabiting near the Place, and the day-time are to enter, and go into any Hou [...] Shop, Cellar, Warehouse, Room, or other Plac [...] and in case of Resistance, break open t [...] Doors, Chests, Trunks, and other Packag [...] there to seize, and from thence to bring a [...] kind of Goods, Merchandize whatsoever, pr [...] hibited and uncustomed, and to put, and sec [...] the same in his Majesty's Store-house, in the Po [...] next to such Place where the seizure shall [...] made, 13 Car. 2. c. 11.

All Officers belonging to the Admiralty, Ca [...] tains, and Commanders of Ships, Forts, Castl [...] and Block-houses, and all Justices of Peace, Ma [...] ors, Sheriffs, Constables and Headboroughs, an [...] other the King's Majesties Officers and Subject whatsoever, whom it may concern, are to b [...] a [...]ding and assisting to all and every Person a [...] Persons, which are, or shall be appointed by h [...] Majesty to manage his Custom: 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 Majesty's Courts of Justice, 14 Car. 2. c. 11.

[Page 35]The Stat. of 12 Car. 2. c. 19. about Customs, was [...]o continue but to the end of the first Session of [...]he next Parliament, and is now expired.

CHAP. XII. The Constables Office about Setting-Dogs, &c.

THE Constable, Tythingman, or Head­borough of any place (upon a Warrant [...]nder the Hands and Seals of two or more Ju­ [...]ices of the Peace) hath power to search the [...]ouses of any Persons suspected to keep Set­ [...]ing-Dogs, or Nets, for the taking of Pheasants [...]r Partridges, and the Dogs and Nets there [...]ound, to take, carry away, detain, kill, destroy, [...]nd cut in pieces, 7 Jac. c. 11. Dalt. J. P. c. 37. [...]ol. 90.

But they cannot search the Houses of any who have Free Warren, or any Lord of any Mannor, or such as have 40 l. per ann. or more [...]n Free-hold, or some Estate of Inheritance, [...]or 80 l. per ann. for Life, or be worth in Per­sonal Estate 400 l. These may keep Nets and Dogs to take Pheasants or Partridges in their own Ground, Stat. idem, Dalt. ibid.

CHAP. XIII. The Constables Office about Escapes and Arrests.

IF a Constable, or any other Officer, which hath a Prisoner in custody for Felony, or Suspicion thereof, voluntarily letteth, or suffer­eth [Page 36] the Prisoner to go where he will at liberty (though this be breaking of Prison) yet it [...] Felony in the Goaler, Constable, or him th [...] letteth such Prisoner escape, but it is no Felon [...] in the Prisoner; but if such a Prisoner she escape by the Negligence of his Keeper, an [...] against his Will and Knowledge, then it is Felony in the Prisoner, because a Breach of Pr [...] son, and the Goaler or Constable, &c. shall b [...] Fined by the Judges or Justices for such Escape Dalt. J.P. c. 106. fol. 272. Bro. Coron. 112, 22 [...] 316, 454. & Bro. Escape 31 Stamford fol. 32.

If a Constable, or other Officer, shall voluntarily suffer a Thief (being in his Custody) t [...] go into the Water, and drown himself, th [...] Escape is Felony in the Constable, and the Thie [...] is 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 neglige [...] Escape in the Constable, and Fineable, as aforesaid, Dalt. J. P. c. 106. fol. 272.

The voluntary letting a Felon escape before he be arrested for the Felony, is no Felony i [...] the Party that suffereth him to escape; but [...] the Constable suffer one to escape, whom he knows hath committed a Felony, he is finable, i [...] it do not make him accessary, Dalt. ibid.

Where a Felony is committed, and one is Arrested for the same, or Suspicion thereof▪ though the Constable, &c. 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 be delivered but by due course of Law, Cromp. 40, 44. Dalt. J.P. c. 106. f. 275.

[Page 37]If a Constable convey a Felon to the Goal, and the Goaler 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 Goal-de­livery; and in such case the Goaler shall be punished by the Justices, Dalt. J. P. c. 118. fol. 340.

The Constable, or other Officer, that shall Im­prison any Felon in the Stocks, may lock the Stocks, and if need be, may also put Irons on the Prisoner, and when he conveyeth him to the Goal, or to the Justice, he may Pinion him, or otherwise make him sure, so that he cannot escape, ibid.

CHAP. XIV. The Constables Office about Excise.

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, Inn-keeper, 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, Chocolate, Sherbet or Tea, brewed; made or distilled in the said Houses, 12 Car. 2. c. 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 [Page 38] the Penalties upon the Goods of 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 Goal, there to remain till satisfaction be made, 12 Car. 2. c. 23, 24.

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

CHAP. XV. The Constables Office about Fish.

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-shore, 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 than three Inches and an half between knot and knot) are to levy the penalty by 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. Wingatts Abr. Stat. Tit. Fishers and Fishing.

The Justices of Peace of the Counties of Wor­cester, Salop and Gloucester, upon their own know­ledge, or upon information that any Person hath made use of any Net, Engine, or Device in the River of Severn, whereby any Salmon, Trout o [...] Barbel, under the length appointed by the Stat. of 1 Eliz. shall be taken or killed, or hath fished [Page 39] with any Net for Salmon, Salmon-mart, Salmon-p [...]al, Pike, Carpe, Trout, Barbel, Chub or Grayling, the Mesh whereof is under two Inches and a half square, from knot to knot, allowing to each Mesh four knots, or above twenty yards in length, and two yards in breadth, or above fifty yards in length, and six yards in breadth, in the wing of the Net, in the said River from Rippleloche­lake to Gloucester Bridge, or above sixty yards in length below Gloucester Bridge, and six yards in breadth, in the wing of the Net, or hath fished with two of those Nets fixed together, or used any Net or Device for taking the Fry of Eels, or whereby the Spawn of Fish shall be destroyed, shall issue out Warrants un­der the Hands and Seals of any two of them, in their respective Countles, to the Under Conservators of the said River, or to any Con­stable, Tythingman or Headborough, to search in the day-time, in all suspected places, for such unlawful Instruments, and to seize them, and bring them to the Quarter Sessions to be burnt or destroyed, 30 Car. 2. c. 9.

If any Ling, Herring, Cod, or Pilchard, fresh or salt, dried or bloated, or any Salmons, Eels or Congers, taken by Foreigners, Aliens to the Kingdom of England, shall be imported, uttered, sold, or exposed to sale in this Kingdom; 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. c. 2.

CHAP. XVI. The Constables Office about forcible Entries, &c.

IF a Constable, or any private Person of the same County do refuse to attend and assis [...] the Justices of Peace, upon request to remove a [...] Force, or to convey the Parties to the Goal, he may be imprisoned for his neglect, and make Fine [...] to the King, 15 R. 2. c. 2. Dalt. J.P. c. 22. f. 57.

CHAP. XVII. The Constables Office about Hedge-breaking, &c.

SUch as are convicted before a Justice of Peace, for cutting and taking away of Cor [...] growing, robbing of Orchards, breaking Hedges, and their Procurers and Receivers knowing the same, are to give the Party grieved such Satisfa­ction as a Justice of Peace shall think fit; and i [...] they cannot give such satisfaction, then the Ju­stice may commit the Offenders to the Con­stable to be whipped for the first Offence, and the like pain for the second Offence; and if the Constable, or other Officer, do not by himself, or some other, see the same done ac­cordingly, then the Justice may commit such Officer to the Goal, there to remain without Bail, until he procure the Offender to be whip­ped as aforesaid, 43 El. c. 7.

The Constables, Headboroughs, or other Per­son, in every County, City, Town-Corporate, or other Place, where they shall be Officers [Page 41] and Inhabitants have power to apprehend, or [...]ause to be apprehended such Persons as they [...]uspect, for having, carrying, or conveying any Burthen or Bundles of any kind of Wood, Un­derwood, Poles, or young Trees, or Bark of [...]ny Trees, or Gates, Stiles, Posts, Rales, Pales, Hedge-wood, Broom or Furze; and any Con­ [...]able, Headborough, &c. by Warrant under the Hand and Seal of one Justice, may enter into the Houses, Out-houses, Yards, Gardens, or other Places belonging to the Houses of such Persons as they shall suspect, &c. and where they shall find any, to apprehend the Parties su­spected for cutting the same, and those in whose [...]ustody, &c. any such Wood or Underwood shall be found, and carry them before a Justice of the Peace, and if the Party cannot give a good account to the Justice how he came by the said Wood, &c. by the consent of the Owner, or shall not within the time the Justice shall appoint, prove who he bought it of, then such Person shall be deemed convicted of the cutting and spoiling of Wood, within the Sta­tute of 43 Eliz. and for the first Offence shall give such satisfaction to the Owner within such time as the Justice shall appoint, and pay over and above presently to the use of the Poor where the Offence is committed, so much Mony as the Justice shall appoint, not exceed­ing ten shillings: And for default of perfor­mance hereof, the Justice may commit the Of­fender to the House of Correction for so long time as he shall think fit, not exceeding one Month, or otherwise to be whipped by the Constable, or other Officer; and for the second Offence, the Offender is to be sent to the House [Page 42] of Correction for one Month, and there he [...] to hard Labour; and if he be convicted th [...] third time, then to be punished as an incor [...] gible Rogue, 15 Car. 2. c. 2.

If any Person buy any Burthens of Woo [...] Underwood, Sticks, &c. of any who may j [...] ly be suspected to have come by the same [...] lawfully, upon complaint to a Justice, Head O [...] ficer, &c. and if upon Examination by Oa [...] it appears, That the same were bought of su [...] Person as aforesaid, the Justice may order [...] Buyer to pay the treble value thereof to hi [...] from whom they were stollen; and for no [...] payment, the Justice may grant his Warrant the Constable, to levy the same by distress [...] sale of the Offenders Goods, rendring to t [...] Owner, the overplus, and for want of such d [...] stress, then to commit the Party to the G [...] at his own charge, there to remain one Mon [...] without Bail, Stat. ibid.

None is to be punished by this Statute, th [...] have been punished by any former Law for th [...] same Offence, and all Offenders within th [...] Statute, must be prosecuted within six Wee [...] after the Offence committed.

Highways. See the Office of Surveyors of High-ways and Bridges.

CHAP. XVIII. The Constables Office about Stoned-Horses.

NOne ought to put to feed upon Forests 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) on pain to forfeit the same Horse, 32 H. 8. c. 13.

If any Stoned-Horse of lesser Stature be put to feed in any such Common (unless it be in Fen-grounds of the Isle of Ely, and of the Counties of Cambridge, Huntington, Northampton, Lincoln, Norfolk or Suffolk, where they need be but thirteen hands high) any Man may seize them to his own use, so that first by the assistance of the Keeper of the Ground, or Constable, Bai­liff, 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. c. 13. 8 Eliz. c. 8. Wingates Abr. Stat. Tit. Horses.

Those that refuse to measure, or to be present at measuring, do foreit 40 s. a piece for every such default, to be divided between the King and 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 [Page 44] notice thereof at the Owners House, or in h [...] Parish Church, 32 H. 8. c. 13.

Forests, and Common Grounds must be drive [...] yearly at Michaelmas, or within fifteen days after by the Keepers, Constables, or other Office [...] abovesaid, on pain of forty shillings; and th [...] have power to drive them at any other time [...] the Year, at their pleasure, and such likewi [...] have the Owners of the Ground. And if up [...] the Drift any unlucky Tits shall be found, the [...] may be killed, 32 H. 8. c 13. Wingates Abr. St [...] Tit. Horses.

Note, That this Act of the 32 H. 8. c. 13. not to extend to the County of Cornwal, 21 J [...] c. 28.

CHAP. XIX. The Constables Office about Hue and Cry.

THE Constables or Tythingmen of ever [...] Town, Parish or Village, to whom H [...] and Cry shall come, ought to search in [...] suspected Houses and Places within their li­berties, and as well the Officers, as all other Persons which shall pursue the Hue and Cry may take and stay all such Persons as in their Search and Pursuit they shall find to be suspi­cious, and shall carry them before some Ju­stice 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. c, 28. fol. 75.

[Page 45]Where a Hundred is sued for a Robbery, and [...]amages are recovered against one or some [...]w Inhabitants of the Hundred, and the rest [...]efuse to contribute thereunto; in such case [...]wo Justices of the Peace (one of the Quorum) [...]welling within or near the Hundred, may for the levying thereof, set a Tax upon every Parish within that Hundred; according to which the constables or Tythingmen of every Parish must [...]ax the particular Inhabitants within their Li­berties, and then levy the Mony upon such [...]s refuse, by Distress and Sale of their Goods, [...]estoring the overplus, if any be, and after the [...]ony is gathered, they are to restore the same [...]o the Justices, or some of them that made the [...]ate, within ten days, 27 Eliz. c. 13. Dalt. J.P. [...]. 48. fol. 132.

That Hundred where Fresh Suit shall cease, shall answer half the Damages to the Hun­dred where the Felony was committed, to [...]e recovered in any Court at Westminster, in the Name of the Clerk of the Peace of the County where the Felony was committed; in which case the Death or Change of the Clerk of the Peace, shall not abate the Suit. And this Recovery is to be taxed and levied as the former, 27 Eliz. c. 13.

Where any one of the Robbers is apprehend­ed, or where the Action is prosecuted within one Year after the Robbery committed, the Hundred is not chargeable for the Robbery. Observe likewise, that the Hue and Cry shall not be judged legal, unless the Pursuit be both by Horse and Foot, Bract. lib. 3. fol. 121. Dalt. J.P. f. 133.

[Page 46]He that goeth not at the command of th [...] Sheriff or Constable at the Cry of the County that is, upon Hue and Cry to arrest Felon [...] after Attainder, shall be grievously fined a [...] imprisoned, Westm. 1. c. 9. Co. 2 part, Inst. f [...] 172.

CHAP. XX. The Constables Office about Labourers, &c.

THE Constable in the time of Hay an [...] Corn Harvest, upon request to him made by any Man that wants Labourers, to ge [...] in his Harvest, to prevent loss thereof, may cause all such Artificers as he shall see mee [...] to labour, to serve by the Day for Mowing Reaping, or otherwise, for the getting in o [...] Corn or Hay abroad, according as they see [...] fit and able to perform. And if such Per­sons shall refuse to work, after they are re­quested thereunto, the Constable may set then in the Stocks, by the space of two days and one night; and if the Constable neglect to perform his Office herein, he forfeits forty shil­lings, 5 Eliz. c. 14.

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, (viz. in a Town Corporate, under the Hands and Seals of the Magistrate, and two Housholders there; and in the Country under the Hands and Seals of the Constable (or other [Page 47] [...]fficers) and two Housholders of the Town or [...]rish where he last served; which Testimo­ [...]al is to be registred by the Minister; for which he is to have two pence, and then to [...] delivered to the Party, 5 Eliz c. 4.

If it be one that lives with a Woman, then [...]y, [is licensed to depart from his Mistress or [...]ame, as she is;] if the Master be not a [...]oman or Husbandman, but an Handycrafts­ [...]an, as Taylor, Smith, &c. then Name him [...] in the Testimonial.

The Master that retains a Servant without [...]ch a Testimonial, forfeits 5 l. being thereof convicted by Indictment taken in the Sessions of the Peace; and every Servant which shew­ [...]h not such a Testimonial to the chief Officer [...] a Corporation, or to the Constable or other Officer, Minister or Churchwarden of the place where he is to dwell, may be imprisoned until he [...]rocure one, and if he produce not one within [Page 48] one and twenty days next after the first dayof [...] Imprisonment, or if he shall shew a false or co [...] terfeit one, then he is to be whipt and used [...]s Vagabond, 5 Eliz. c. 4. Dalt. J.P. c. 31. f. 63.

This Statute, as to this particular of Tes [...] monials, is now grown in a manner quite o [...]t so seldom used, that it's scarce know Although the Penalty in the same be strict [...] severe, yet it is of good use; and so are great many Penal Statutes more very benefit to the Commonwealth, if they were duly [...] in execution, especially those enacted to pun [...] the daily Offences of Brewers, Bakers, A [...] houses; all such as use false Weights or Measur [...] Millers, Forestallers, Ingrossers, Regrators, [...] multis aliis, &c. These are the Caterpillars [...] the Kingdom.

CHAP. XXI. The Constables Office about Malt-making.

THE Constables and Bailiffs of any Tow [...] ought from time to time to view a [...] search all such Malt as shall be made or put [...] sale within any of their Liberties, and if the [...] find any being evil made, or mingled with [...] Malt, then the Constable or Bailiff, with advi [...] of one Justice of Peace, may sell the same [...] such Persons at such a Rate as the Justice thi [...] fitting, 2 E. 6. c. 10. 21 Jac. c. 28. 3 Car. [...] c. 4.

Stat. 2 E. 6. c. 10. There are three sorts [...] evil and deceitful Malt, viz.

[Page 49]1. Where Barley and Malt hath not in the [...]aking thereof in the Vat, Floor, Steeping [...]nd Drying thereof, three Weeks at the least; [...]xcept it be in June, July, and August, and [...] those Months it must have seventeen Days; [...]nd under such time it cannot be made whole­some.

2. They ought to take out of every Quarter [...]f Malt half a Peck or more of Dust, by reading, Rubbing and Fanning the same, be­ [...]ore they put the same to fale, or else they [...]orfeit 20 Pence for every Quarter otherwise [...]old, to be divided between the King and the [...]former.

3. If any Malt shall be put to sale, not well [...]ade, according to the limited time, or made [...] Mow-burnt, or Spired Barley, or mixed [...]ood and bad together, they forfeit two shil­ [...]ngs for every Quarter, to be divided as afore­ [...]id.

This Act extends not to such as make Malt for their own Provision only; and the Forfei­tures aforesaid must be prosecuted within one [...] ear.

CHAP. XXII. [...]e Constables Office about disturbing of Ministers.

IF any Person purposely without Authority disturb a Preacher lawfully licensed, in [...]reaching, Praying or Administration of the [...]acraments, either by Talking, Laughing, Hum­ [...]ing, or the like; any Constable or Church-warden of the Place ought presently to appre­hend [Page 50] the Party, and carry him before a Justly of the Peace of the same County, who m [...] commit him to safe custody; and within f [...] days after (with another Justice of the Peace they may examine the Matter; and if the [...] find it true by two Witnesses, they must commit him to the common Goal, there to [...] main for three Months, and from thence [...] the next Quarter Sessions; at which, up [...] the Parties Reconciliation, and entring [...]o [...] Security for one whole Year, he may be r [...] leased, (at the discretion of the Justices; but if he continue still in his obstinacy, he m [...] continue in Prison, without Bail, till he be p [...] nitent, 1 Mar. Sess. 3. c. 3. Wingates Stat. T [...] Sacraments, Dalt. J. P. c. 41. f. 103.

He that Rescues an Offender in this ki [...] shall suffer like Imprisonment, and forfeit fi [...] pounds; and the Inhabitants that suffer such [...] Offender to escape, being presented before [...] Justices at their Sessions of the County or Co [...] poration where the Offence was made, do a [...] forfeit five pounds, Idem.

CHAP. XXIII. The Constables Office about Moss-Troopers.

THE Constables, and other Officers withi [...] the Counties of Northumberland and C [...] berland, upon Warrant from the Justices of th [...] Peace, are to levy by Distress and Sale of th [...] Parties Goods (rendring the overplus to th [...] Owners) all such Sums as shall be charged upon any Person within their several Constable [...] [...]es, [Page 51] by the Justices at their Sessions, for the [...]feguard of the Counties against the Injury, [...]heft and Rapine of Moss-Troopers: And the [...]ustices also may examine any Complaint a­ [...]inst the Constables, or other Officers that shall [...]eglect, 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, [...] 3 & 14 Car. 2. c. 22.

This Act was by the Stat. 29 & 30 Car. 2. c. 2. [...]evived, and to continue for 7 years, and to the and of the first Session of the next Parliament.

And by 1 Jac. continued for 11 years, and from thence to the end of the first Session of the next Parliament.

CHAP. XXIV. The Constables Office about the Peace.

THE Constable ought to do what he can to keep the Peace, but he cannot take Sure­ly of the Peace, at the request of any Man, H. 7. fol. 18. A. Cromp. 6.12.

The Constable, or other Officer, before he Arrest the Party upon a Warrant for the Peace, [...]ought first to acquaint the Party therewith, and charge him in the Kings Name to go along with him to the Justice, to put in Sureties, ac­cording to the Warrant; and if the Party re­fuse so to do, then the Officer ought forth­with to take and convey him to the Goal, without carrying him to any Justice at all, there to remain till he doth find Sureties; [Page 52] and then at the next Sessions of the Peace, [...] Officer ought to deliver in his Warrant, a [...] certifie what he hath done therein, Dalt. c. 3.

If the Party yield to go, and find Sureti [...] then the Officer may not absolutely Arrest hi [...] yet he is not bound to go up and down w [...] him till he can get Sureties, but he may ke [...] him till he can get Sureties to come unto hi [...] and if the Party make resistance, or offer [...] go away afterwards, the Officer may ca [...] him to the Goal, or set him in the Stocks [...] he can get aid to carry him to the Goal, D [...] 69. f. 166.

If an Officer having a Warrant from a Just [...] of Peace, against a Man to find Sureties [...] the Peace, and do afterwards receive a S [...]p [...] sedeas out of the Chancery or Kings Bench, [...] from another Justice of Peace of the sa [...] County to discharge the same Surety of t [...] Peace; and yet, nevertheless the Officer w [...] cause the Party to find Sureties by virtute [...] the Warrant, the Party may refuse to give i [...] and if he be arrested or imprisoned for su [...] refusal, he may have his Action of False Imp [...] sonment against such Officer; for the S [...]p [...] sedeas is a Discharge of the former Warran [...] Dalt. J.P. c. 69. f. 168.

If a Constable be informed, that a Man a [...] Woman be in a Adultery or Fornication together, or that a Man and Woman of Evil Report are gone to a suspected House together in the Night, the Constable may take Compa [...] with him, and if he find them so, he may carry them before a Justice of the Peace to fin [...] Sureties for their Good Behaviour, 13 H. 7. 10 Dalt. J.P. c. 75. f. 189.

[Page 53]If any shall abuse a Constable in the execu­ [...]on of his Office, the Constable may have him [...]ound to the Good Behaviour for it, Fitz. [...]ar. 207. Cromp. 135.

Any injurious Force or Violence used against [...]he Person of another, his Goods, Lands, or [...]ther Possessions, whether it be by threatning Words, or furious Gestures, or force of the [...]ody, or any other Force used in terrorem, [...] said to be a Breach of the Peace, Dalt. c. 3. [...]ol. 9.

CHAP. XXV. The Constables Office about Physicians.

THE Constables, and other Officers in London, and within seven Miles round, are to be [...]iding and assisting to the President of the Colledge 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 running into con­tempt to the King, 1 Mar. Par. 1. Sess. 2. c. 9. Wingates Stat. Tit. Physicians.

CHAP. XXVI. The Constables Office about the Plague.

IF any Person infected, or being, or dwelling in an House infected with the Plague, sh [...]ll be by the Constable commanded to keep his House, and notwithstanding shall wilfully go [Page 54] abroad, and converse in Company, having [...] infectious Sore on him, it is Felony, and such Person shall not have such Sore about h [...] yet for his Offence he shall be punished as a [...] gabond, by the appointment of any one Jus [...] of the Peace, and further, shall be bound to Good Behaviour for one whole Year, Wing [...] Stat. Tit. Plague, 1 Jac. c. 13. Dalt. J.P. c. [...] fol. 91.

The Justices of Peace, or any one of th [...] and other Head Officers in Corporate Tow [...] ithin their several Limits, may appoint Sea [...] ers, Watchmen, Examiners, Keepers and B [...] ers for the Persons and Places infected, and any Person infected, or dwelling, and being in House infected, shall contrary to the commitment or appointment of the Justice of Peace, Constable, &c. wilfully attempt to go abroad, to resist such their Keepers or Watchmen, th [...] may such Watchmen with Violence, force th [...] to keep their Houses, and if any hurt happ [...] thereupon, the Watchmen shall not be impeac [...] ed therefore, 1 Jac. c. 13. Dalt. J.P. c. 39. f 9▪ Cromp. 122. b. Wingates Stat. Tit. Plague.

If the Constable, or other Officer, wilfully neglect to levy the Mony (by Warrant from t [...] Justices of Peace, upon the Statute for Relief [...] any Town infected with the Plague) by Distre [...] and Sale of the Goods of such Persons as refu [...] or neglect to pay; then they forfeit for ever such Offence ten shillings, to be imployed to th [...] said Charitable Use, Wingates Stat. Tit. Plagu [...] 1 Jac. c. 31. Dalt. J.P. c. 39. f. 91.

CHAP. XXVII. The Constables Office about conveying Prisoners to the Goal.

AN Offender which is to be conveyed to Goal, must bear all Charges both of himself and of those that guard him, if he be able; and if he refuse to pay the Charges, or shall not at the time of the Com­mitment discharge the same, then upon a Warrant from a Justice of Peace, the Con­stable of the Liberty, or Town 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 said Charges, the Apprizement to be made by four Inhabi­tants of the Parish where such Goods be, and the overplus to be returned to the Owner, 3 Jac. c. 10. Dalt. J.P. c. 43. f. 104.

And if the Offender have no Goods to de­fray the Charges, then the Charge must be born by the Town or Parish where the Offen­der was taken, which must be done by Tax made by the Constable, Churchwardens, and two or three other Inhabitants; and where there are no such Officers, then four of the principal Inhabitants of the Parish must make the Rate, which being allowed under the Hand of a Justice of Peace, every Inhabitant must pay their proportion, according to the said Rate; and if any refuse to pay, the Constable, Tythingman, or other Officer, by Warrant from a Justice of the Peace, may levy the same by [Page 56] Distress, and (after Apprizement by four o [...] the Inhabitants) may sell the same, rendring [...] to the Party refusing the overplus, if any be, 1 Jac. c. 10.

And if the Constable, or other Officer, th [...] makes such Distress be sued, he may plead Ju­stification, and upon a Verdict for the De­fendant, or a Nonsuit of the Plaintiff, he shall recover treble Damages, besides Costs of the Suit.

Purveyance, See Carriages. Chap. 7. fol. 23.

CHAP. XXVIII. The Constables Office about Quarter Many for Maimed Soldiers, Prisoners, &c.

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 Soldiers and Mariners, rendring the overplus to the Owner, 43 Eliz 3. Wingates Stat. Tit. Captains and Soldiers.

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) [Page 57] every Quarter Sessions, or otherwise he, his Executors, &c. forfeits 40 s. which forfei­tures are to be levied and employed by the Treasurer for the encrease of their Stock for the uses aforesaid, 43 El. c. 3. & Wingates Stat. Tit. Captains and Soldiers.

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 Goal, un­der pain of five pounds, 14 El. c. 5. Wingates Stat. Tit. Prison and Prisoners.

The Constables and Churchwardens 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 M [...]inprize, which Mony the Churchwardens are to pay to the High Constable ten days before the end of every Quarter Sessions; and if the Churchwardens, their Executors, &c. 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, [Page 58] 43. Eliz. c. 2. Wingates Stat. Tit. P [...] People, Dalt. J.P. c. 53. fol. 135.

CHAP. XXIX. The Constables Office about Popish Recusants.

POpish Recusants above Sixteen years of a [...] shall within forty days after their convict [...] on repair to their usual dwelling, and not remo [...] above five Miles from thence, on pain to fors [...] all their Goods and Lands, and Annuities, duri [...] Life; and if they have no certain Abode, th [...] are they to repair to the Place where they we [...] Born, or where their Father and Mother dwel [...] and within twenty days after their arrival, the [...] to give their Names in Writing to the Ministe [...] Constables and Headboroughs, which Minister to enter them in a Book to be kept for that pur­pose, and he, together with the said Constable and Headboroughs, are to certifie the same to the next Quarter Sessions, where the Justice of Peac [...] must cause the same to be inrolled, 35 Eliz. c. [...] Wingates Stat. Tit. Crown.

The Constables and Churchwardens of ever [...] Parish, or the one of them; if there be not such, then the High Constables of the Hundre [...] there, are once every year to present at th [...] General Sessions of the Peace, the monthly ab­sence from Church of every Popish Recusant, and the Names of their Children, being above the Age of nine Years, abiding with their said Pa­rents, and of their Servants, together with the Age of their Children as near as they can know them, on pain to forfeit respectively for every [Page 59] such default twenty shillings; which Present­ment the Clerk of the Peace, or Town Clerk shall Record without Fee, on pain of forty shillings, Wingates Stat. Tit. Crown, 3 Jac. ch. 4.

If the Minister, Petty Constable, and Church­wardens of any Parish, or any two of them, shall complain to any Justice of Peace, of any Person justly suspected for Recusancy, then any such Justice may tender the Oath of Allegiance to the Person so suspected; and if he refuse to take it, and be of the Age of eighteen years or above, then the Justice may commit the Party to the Goal, there to remain until the next Assi­ses or Sessions of the Peace; and if then the Par­ty refuse again, he incurs a Praemunire, but if it he a Woman Covert, she shall only be imprison­ed, there to remain without Bail till she take the said Oath, Wingates Stat. Tit. Crown, Dalt. J. P. c. 45. fol. 108. 7 Jac. c. 6.

1 W. and M. No Papist, or Reputed Papist (refusing to make and suscribe the Declaration enjoyned by 30 Car. 2. and the Oaths enjoyn­ed in an Act for removing and preventing all Questions, &c. about the Assembling and Sit­ting of this present Parliament) shall at any time after the 15th day of May, 1689. have, or keep in his own Possession, or in the Possession of any other to his use, or at his disposition, any Horse or Horses above the value of five pounds to be sold, and that two or more Justices of the Peace, by Warrant under their Hands and Seals, may, and shall Authorise any Person or Persons, with the Assistance of the Constable, or his Deputy, or the Tythingman, or Head­borough, (who are required to be aiding and [Page 60] assisting) to search for, and seize for the us [...] of their Majesties, and their Successors, all such Horses.

CHAP. XXX. The Constables Office about distraining for Rent.

BY 2 W and M▪ It is Enacted, That from and after the first day of June, 1690. Where any Goods or Chattels shall be distrained for any Rent reserved and due upon any Demise, [...]ease or Contract whatsoever, and the Tenant or Owner of the Goods so distrained, shall not within five days next after such Distress taken, and notice thereof (with the cause of such taking) left at the Chief Mansion House, or other most notorious Place on the Premis­ses, charged with the Rent distrained for, re­plevy the same, with sufficient Security to be given to the Sheriff, according to Law, That then, in such case, after such Distress, and no­tice, as aforesaid, and expiration of the said five days, the Person so Distraining, shall and may with the Sheriff or Under Sheriff of the County, or with the Constable of the Hundred, Parish or Place where such Distress shall be taken, (who are hereby required to be ald­ing and assisting therein) cause the Goods and Chattels so distrained, to be appraised by two Sworn Appraisers (whom such Sheriff, Un­der Sheriff, or Constable, are hereby impower­ed to swear) to appraise the same truly, ac­cording to the best of their Understandings; and after such Appraisement, shall and may [Page 61] lawfully sell the Goods and Chattels so di­strained, for the best Price can be gotten for the same, towards satisfaction for the Rent, for which the said Goods and Chattels shall be di­strained, and of the Charges of such Distress, Appraisement and Sale, leaving the Overplus (if any) in the Hands of the Sheriff, Un­der Sheriff, or Constable, for the Owners use.

And that it may be lawful for any Person or Persons having Rent, arrear and due upon any such Demise, Lease or Contract, as aforesaid, to seize and secure any Sheaves or Cocks of Corn, or Corn loose, or in the Straw, or Hay lying or being in any Barn or Granary, or up­on any Hovel, Stack or Rick, or otherwise up­on any part of the Land or Pound charged with such Rent, and to lock up, or detain the same in the place where the same shall be found, for, or in the nature of a Distress, un­til the same shall be replevied upon such Se­cu [...]ity to be given, as aforesaid; and in de­fault of Replevying the same, as aforesaid, with­in the time aforesaid, to sell the same after such Appraisement thereof to be made; so as nevertheless such Corn, Grain or Hay so di­strained, as aforesaid, be not removed by the Person or Persons distraining to the Damage of the Owner thereof, out of the Place where the same shall be found and seized, but be kept there (as impounded) until the same shall be replevied, or sold in default of re­plevying the same within the time aforesaid.

And, that upon any Pound-breach or Re­scous of Goods or Chattels, distrained for Rent, the Person or Persons grieved thereby, shall in [Page 62] a special Action upon the Case for the Wro [...] thereby sustained, recover his and their treble Damages and Costs of Suit against the Offender or Offenders, in any such Rescous or Pound-breach, any or either of them, or against th [...] Owners of the Goods distrained, in case th [...] same be afterwards found to have come to h [...] use or possession.

And it is provided, That in case any such Distress and Sale, as aforesaid, shall be mad [...] by virtue or colour of this present Act f [...] Rent, pretended to be arrear and due, wher [...] in truth no Rent is arrear or due to the Person or Persons distraining, or to him or the [...] in whose Name or Names, or Right, such Distress shall be taken, as aforesaid; that then th [...] Owner of such Goods or Chattels distraine [...] and sold, as aforesaid, his Executors or Ad­ministrators, shall and may by Action of Tres­pass, or upon the Case, to be brought against [...] the Person or Persons so distraining, any or either of them, his or their Executors or Ad­ministrators, recover double the value of the Goods or Chattels so distrained and sold, to­gether with full Costs of Suit.

CHAP. XXXI. The Constables Office about Riots and Routs.

SHeriffs, Constables, and all other the Kings Officers, shall suppress Rioters, and imprison them, and all other Offenders against the Peace, 27 R. 2. c. 8.

[Page 63]Where three Persons or more shall come and 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 a House, Wall, Pale, Hedge or Ditch; wrongfully to enter upon, or into another Mans Possession, House or Land, &c. or wrong­fully to cut or take away Corn, Grass, Wood, or other Goods; 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 Terror 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 it is an unlawful Assembly, because of their Intention at first, Bro. Tit. Riot. 4, 5. Co. 2 Part Institutes, fol. 176. Dalt. J. P. c. 85. fol. 217.

And if after such Meeting they shall ride, move or go forward, towards the execution of such Act, whether they put their intended purpose in execution or not, this is a Rout. And if they do act any such thing indeed, then it is a Riot.

CHAP. XXXII The Constables Office about Rogues and Vagabonds

THE Constable, Tythingman or Headbo­rough, assisted by the Minister, and one other of the Parish, is to see (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 forthwith to be sent away from Parish to Parish, or Tything to Tything, the next streight way to the place of their Birth; and if that cannot be known, then to the pla [...]e 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 Goal of that 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. c. 4. Wingates Stat. Tit. Vaga­bonds, Resolu. Judges sect. 717. Bolst. 2 part Rep. fol. 258.

After such punishment, the Vagabond is to have a Testimonial under the Hand and Seal of the Constable, Tythingman, &c. and the Minister of the place, testifying the day and the place of his [Page 65] punishment, the place to which he is to be [...]onveyed, and the time limited for his passage [...]hither; which time if by his own default he [...]xceeds, he shall incur the like punishment [...]rom time to time, till he arrive at the place [...]mited. The substance of the Testimonial is [...]o be entred by the Minister in a Register Book, which he is to keep for that purpose on pain of 5 s. Dalt. f. 129.

A Justice of Peace alone may under his Hand and Seal make such Testimonial, Lambert 206.

If any Constable, Tythingman or Headbo­rough be found negligent in the due execution of the Act of the 39th of Eliz. aforesaid, he forfeits ten shillings for every Default. And such [Page 66] Persons as shall hinder the Execution of t [...] Law upon Rogues, forfeit five pounds, and [...] to be bound to the Good Behaviour. And i [...] Constable refuse to receive a Rogue, and to co [...] vey him or her to the next Constable; or if [...] do receive him, and not convey him to the ne [...] Constable, he forfeits five pounds, and may [...] bound to the Good Behaviour, 39 Eliz. c. Dal [...]on c. 47. fol. 128. Resolu. Judges sect. 1 [...] 14.

Every Person shall apprehend, or cause [...] be apprehended such Rogues as he shall [...] or know to resort to his House to beg, or r [...] ceive any Alms, and him or them shall car [...] or cause to be carried to the next Constable; [...] else shall forfeit for every such Default [...] shilling, and the Constable is to whip and co [...] vey such Rogues, as before is directed, on p [...] of twenty shillings, 1 Jac. c. 7. Dalt. c. 47. f [...] 128. Resolu. Judges, sect. 13, 14.

Two Justices of Peace, (one of the Quo [...] by Warrant under their Hands and Seals, m [...] cause to be levied, by Distress and Sale of th [...] Offenders Goods, all the Fines and Forfeiture aforesaid, after Conviction of the Party, which must be either by Confession of the Party; [...] Proof of two Witnesses before the said Justices, 39 Eliz. c. 4. Dalt. c. 47. fol. 149. 1 J [...] c. 7.

Constables or Tythingmen neglecting t [...] search for Rogues upon the Justices Warrant or to appear at their Meeting, to give an ac­count what Rogues have been punished, or sent to the House of Correction; or if they neglect to convey such to the House of Correction, as by Warrant are to be sent thither, they are [Page 67] liable to such Fine as the Justices please, not exceeding forty shillings, 7 Jac. c. 4.

Any Justice of the 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 did pass unapprehended; or­dering the said Constable, &c. to give such Person two shillings for every Rogue so taken: And if the Constable, &c. refuse to pay it, the Justice of the Peace may proceed against such Officers, according to the Stat. 1 Jac. 7. and compel him to pay his Forfeiture by the said Statute, and to allow the said two shillings out of the said Forfeiture, to such Person, with such further Allowance for loss of time, as the Justice shall think fit, 1 Jac. 7. 14 Car. 2. c. 12.

If any Person shall apprehend any Rogue, 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 the 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 Warrant to the Con­stable, &c. to pay two shillings, as aforesaid; which if he refuse or neglect, then the Justice is to proceed against the Constable, &c. and cause 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. c. 12.

[Page 68]And also, That whereas Constables, Tythingmen, &c. are at great Charges in Relieving, carrying with Passes, and conveyin [...] Rogues, &c. all Constables, Tythingmen, &c. so out of Purse, with the Churchwardens as Overseers of the Poor, and other Inhabitan [...] of the Parish, may make a Rate, and tax [...] the Inhabitants of the Parish, which a [...] chargeable by the 43 of Eliz. which Rate mo [...] be confirmed under the Hands and Seals o [...] two Justices of the Peace. And if any Perso [...] refuse to pay his Rate, then the Constable, [...] Warrant from two Justices of Peace, may Je [...] the same upon the Goods of the Party refusing rendring them the Overplus, if any remai [...] thereof, 14 Car. 2. c. 12.

All these Persons hereafter named, are ac­counted and adjudged Rogues, Vagabonds, an [...] sturdy Beggars: That is to say, All such Persons above the Age of seven years, Man o [...] Woman, Sole or Covert, that wander from their usual place of Abode, abroad, every where begging; or if they do not beg, yet [...] they wander and loiter about without a lawfu [...] Pasport, and give no good account for their Travel, are accounted Rogues, 39 Eliz. c. 4. & 17. 43 Eliz. c. 2. 1 Jac. c. 7. 21 Jac. c. 28. 7 Jac. c. 24. 5 Eliz. c. 4. Dalt. c. 47. fol. 123, 124, 125.

All Scholars and Seafaring men which beg, wandring Persons that use unlawful Games, subtil Craft or Plays, or pretending them­selves to have skill in Physiognomy, Palmistry, or the like; or to be Fortune-tellers, or Fi­gure-casters.

[Page 69]All Proctors, Patent-gatherers, (except for Fire) Collectors for Goals, Prisoners or Hospi­tals, wandring abroad; Fencers, Bearwards, (those are Rogues in Grain) common Players of Interludes, and Fidlers or Minstrels, wan­dring abroad.

All Juglers, Hocus Pocus, and Slight of Hand Artists, Tinkers, Pedlars, 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 Goals, which beg for their Fees, or otherwise do travel begging; such as go to [...]or from the B [...]ths, and do not pursue their License, Soldiers 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 Pasport, which is not directed from Parish to Parish.

All these are accounted Rogues, Vagabonds, and sturdy Beggars.

All Servants that depart out of their Ser­vice, (viz. out of one City, Town or Parish to another, or out of one Hundred or County to serve in another) without a Testimonial, or with a false one; and such Persons as are sick of the Plague, and wilfully go abroad in Com­pany, against the command of Officers, are to be punished as Vagabonds; but none are to be sent to the place of Birth or last Habitation, but wandring Rogues. Those which beg in [Page 70] their own Parish, or in High ways, (witho [...] the appointment of the Overseers) are to b [...] sent to the House of Correction.

A Wife and Children under seven years [...] Age, being vagrant, must be placed with th [...] Husband; and if the Husband be dead, the [...] with the Wife where she was born, or l [...] dwelt; and vagrant Children above seve [...] years of Age, must be sent to the place [...] their Birth; and if the Vagrant Parents, wh [...] their Children under seven years of Age, [...] placed at the place of Birth of the Parents, [...] at the place of Dwelling; if afterwards th [...] Parents, or either of them die, or run away yet the Children once settled, must rema [...] there still, and may not be sent to the place [...] their Birth, though afterwards they attain t [...] the Age of seven years, 39 Eliz. c 4. Dalt. J.P▪ c 47. fol. 135. Resolu. Judges, sect. 4, 5.

The Wife being but a vagrant Rogue, ough [...] to be sent to her Husband, though he be b [...] a Servant in another Town or Parish; and th [...] Rogue whose place or dwelling cannot be know [...] having Wife or Children under seven years [...] Age, they must go with the Husband to the place where they were last suffered to pass through unpunished; where the Children mus [...] be relieved with the Work of their Parents though their Parents be committed to the House of Correction.

CHAP. XXXIII. The Constables Office about keeping the Sabbath.

THE Constable by Warrant from a Justice of Peace, (or the Chief Officer of any [...]ity, Borough, or Town Corporate) under [...]heir Hand and Seal, against such as use unlawful [...]ames on the Sabbath-day, as Bull-baiting, Bear- [...]aiting, Enterludes, or other unlawful Exercises [...]ithin their own Parish, or out of their own Pa­ [...]sh at any such Sports whatsoever, may levy the [...]enalty of three shillings and four pence, by [...]istress and Sale of the Offenders Goods, ren­ [...]ring the overplus to the Owners; and in de­ [...]ult of Distress, the Constable is to set the Of­ [...]enders 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 Of­ [...]ence committed, 1 Car. 1. c. 1. Dalt. J.P. c. 23. [...]ol. 63.

If any one on the Sabbath-day, keep, or be [...]resent at any Wrestling, Shootings, Bowlings, [...]inging of Bells for Pleasure, Mask, Wake, Church Ale, Dancing, Games, Sport or Pastime whatsoever, they forfeit five shillings, if he or [...]he be above fourteen years of Age, and if un­ [...]er that Age, then twelve pence by him that [...]ath the Government of the Party, to be levied by Sale and Distress by the Constable, by War­rant from a Justice of Peace, or Chief Officer, [...]s aforesaid; and for want of Distress, to be set [...]hree hours in the Stocks. And every Carrier going with his Horses on this day, or Wagoner, Carrier or Waynman going with any Wagon, [Page 72] Cart or Wayn, or Drover with his Cattel, forfe [...] twenty shillings for every Offence, to be levi [...] also by Distress and Sale of his Goods, if he [...] questioned within six weeks after the Offen [...] done; but there must be but one twenty sh [...] lings forfeit for one Journy, although they p [...] through several Parishes, and this twenty sh [...] lings that Parish shall have where the Distre [...] is first taken, 3 Car. 1. c. 1. Dalt. c. 50. [...] 134.

And if any Butcher by himself, or any for hi [...] shall kill or sell any Victuals upon the Lo [...] day, he forfeits six shillings and eight pence, [...] be levied by the Constable, by Distress and S [...] as aforesaid, upon Warrant from a Justice Peace, &c. the Offence to be questioned wi [...] six weeks after it is committed, and the Part [...] to be convicted before any Justice of Peace Mayor, or Head Officer, &c. upon their ow [...] view, proof of two Witnesses or more, or t [...] Parties own confession, and the Justice, Mayor &c. may reward the Informer with the this part of the Penalty, 3 Car. 1. c 1. Dalt. J.P. c. 5 [...] fol. 134.

All Laws in force concerning the Observation of the Lords day, shall be put in Execution none shall do any Work, by Labour or Business that day, Works of Charity and Necessity only excepted:) and the Offender, if of the Age [...] fourteen years or upwards, shall forfeit fin [...] shillings: none shall cry, or expose to sale [...] Wares that day, on pain to forfeit them: [...] Drover, Horse-Courser, Waggoner, Butche [...] Higler, or their Servants, shall travel on the Lords day, on pain to forfeit twenty shillings no Person shall travel on that day with any Boa [...] [Page 73] Wherry, &c. except on extraordinary occasion [...]o be allowed by a Justice of Peace, or Head Officer of the place, &c. on pain to forfeit five shillings, 29 Cap. 2. c. 7.

The Justice of Peace, or Chief Officer of the City, Borough, &c. before whom the Offender [...]s convicted, by View, Confession, or Oath of [...]one Witness, shall give Warrant to the Consta­ [...]les or Churchwardens, to seize the Goods [...]ried, or put to sale, and to sell them, and to [...]evy the other Penalties by distress and sale of Goods, and in case of inability, &c. to set the Of­fenders in the Stocks for two hours: the Penalties to be to the Poor of the Parish where the Offence [...]s committed, saving that the Justice or Head Officer may reward Informers, the Reward not exceeding a third part of the Penalties. But Prosecution must be made upon this Act within [...]en days after the Offence committed, 29 Car. 2. c. 7.

Dressing of Meat in Families, Inns, Cooks­ [...]hops, &c. and crying of Milk before nine in the Morning, or after four in the Afternoon, are not prohibited by this Act, 29 Car. 2. c. 7.

No Writ, Process, Warrant, &c. shall be served on the Lords day, except for Treason, Felony, or Breach of the Peace; but the Ser­vice shall be void, and the Party serving it shall answer Damages, as if done without Warrant, 29 Car. 2. c. 7.

CHAP. XXXIV. The Constables Office about profane Swearing.

IF any Person or Persons shall profanely C [...] and Swear, for every time so offending the [...] forfeit twelve pence; the Offence to be pro [...] within twenty days after it is committed, [...] the Oath of two Witnesses, or by Confession the Party before any Justice of Peace, or H [...] Officer of any City or Town Corporate; w [...] thereupon may issue out their Warrant to th [...] Constables, and Churchwardens, and Overse [...] of the Poor of that Parish where the said Offen [...] shall be committed, and the said Constables, o [...] are to levy the Sum and Sums of Mony by [...] stress and sale of the Offenders Goods, rendr [...] the overplus, if any be, to the Owner, 21 J [...] c. 20. 3 Car. 1. c. 4. Wingates Stat. Tit. Sweari [...] Dalt. J.P. c. 55. f. 138.

Note, Where no Distress is to be had, th [...] Offender, if above twelve years of Age, sh [...] by Warrant, as aforesaid, be set in the Stoc [...] three whole hours; but if the Offender be [...] ­der the Age of twelve years, and shall not forth with 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 presence, 21 Jac. c. 20. 3 Car. 1. c. 4. Dalt. J.P. c. 55. fol. 138.

CHAP. XXXV. The Constables Office about Tobacco Planting.

ALL Sheriffs, Justices of Peace, Mayors, Bailiffs, Constables, and every of them, [...]pon Information or Complaint made to them, [...] any of them, by any of the Officers of the [...]ustoms, or by any other Person or Persons [...]hatsoever, that there is any Tobacco set, sown, [...]anied, or growing within their Jurisdictions [...] Precincts, (except such as is growing in any [...]hysick Garden of either University, or in any [...]her private Garden, where the quantity of [...]round planted exceeds not one half of one [...]ble, in any one Place or Garden) they are with­ [...] ten days after such Information or Complaint, [...] cause to be burnt, plucked up, consumed, or [...]terly destroyed, all such Tobacco so set, sown, [...]anted or growing, 12 Car. 2. c. 34.

And if any Person or Persons shall resist, or [...]ake forceable opposition against any Person or [...]ersons in the due execution of this Office as a­ [...]vesaid, every Person or Persons for every such [...]ffence, shall forfeit the Sum of five pounds, to [...] recovered in any Court of Record; and be so committed to the Common Goal of the [...]ounty where the Offence was committed, there [...] remain without Bail or Mainprize, until he, [...]e, or they do enter into Recognizance to his [...]ajesty, his Heirs and Successors, with two suffi­ [...]ent Sureties in ten pounds Penalty, not to do [...] commit the like Offence again, 12 Car. 2. c. 34. [...] Car. 2. c. 7.

[Page 76]And now by the Stat. 22 & 23 Car. 2. It further provided, That the Justice of Peace [...] a month before every Quarter Sessions, [...] Warrants to High Constables, Petty Constabl [...] and Tythingmen, to make search what To [...] is then sown, planted or made, and by who [...] and to make Presentment thereof in Wri [...] upon Oath at the next Quarter Sessions; wh [...] Presentment shall be a conviction in Law, [...] less the Party (having ten days notice before [...] Sessions) traverse the same there, and find S [...] ties to prosecute his Traverse the next Quar [...] Sessions after such Traverse entred, 22 & [...] Car. 2. c. 26.

Constables, Tythingmen, and other pub [...] Officers, shall from time to time, within fourt [...] days after Warrant from two or more Justi [...] of Peace, calling to them such as they find c [...] venient, destroy all Tobacco planted or gr [...] ing in any Ground: If such Tobacco be [...] consumed fourteen days after receipt of [...] Warrant, such Constables, Tythingmen, or ot [...] Officers respectively shall forfeit five shilli [...] for every Rod so set or planted, &c. and p [...] portionably for a greater or less quantity; [...] moiety to the King, the other to him that [...]t sue for the same, 22 & 23 Car. 2. c. 26.

Persons refusing to assist the Constable, [...] being convicted before two Justices of Peac [...] shall forfeit five shillings, to be levied by distr [...] and sale of Goods, and for want thereof shall [...] committed for a week: And Persons forc [...] resisting any Constable, &c. being convicted aforesaid, shall forfeit five pounds, to be levied aforesaid, and in default thereof, shall be co [...] mitted for three months, 22 & 23 Car. 2. c. 26.

[Page 77]Physick Gardens, and Gardens for Chirurgery [...]xcepted, as in the former Acts. Persons sued [...]or acting in Pursuance of any of these three Acts of Parliament, may plead the General Issue, [...]nd give the special Matter in Evidence: This Act is to continue nine years, and from thence [...]o the end of the Session of Parliament then next [...]nsuing, 22 & 23 Car. 2. c. 26.

Continued 1 Jac. 2. for seven years, and from [...]hence to the end of the next Session of Parlia­ment.

CHAP. XXXVI. The Constables Office about Weights and Measures

ALL Cities, Boroughs, and Market Towns in England, ought to keep common Weights and Measures sealed, at which the In­habitants may weigh freely; and all Foreiners must pay for every Draught under forty pounds, one Farthing; for a Draught between forty and an hundred, an Half-penny; and for a Draught between an hundred and a thousand, one Penny; wherewith the Weights are to be maintained; and the Officers which attend that Service are to be rewarded at the discretion of the Inhabitants, 8 H 6. c. 5.

Every City which wants such Weights and Measures, forfeits 10 l. to the King, every Borough 5 l. and every Market Town 40 s. and the chief Officers of such places (up­on request to them made) are to Mark and Seal such Weights and Measures to any of the Kings Subjects, taking for the marking of eve­ry [Page 78] Bushel one Penny; and none ought to [...] with any other Weights and Measures, but suc [...] as are marked or sealed, 8 H. 6. c. 5. 11 H. [...] c. 4.

The Mayors and chief Officers in Cities, & [...] are once every year, at least, to view all Me [...] sures and Weights in their Jurisdictions, [...] to break or burn such as they find defective and to punish the Offenders for the first O [...] fence six shillings eight pence, for the secon [...] thirteen shillings four pence, and for the thi [...] Offence, twenty shillings; and besides, [...] adjudge the Offenders to the Pillory, [...]1 H. [...] c. 4.

CHAP. XXXVII. The Constables Office about Watches.

A Watch is to be kept in every Town, Parish, Village and Tything, every nigh [...] from Ascension till Michaelmas, from Sun-set to Sun-rise, which the Constables, &c. must con­stantly cause to be set, and, that by two o [...] four Men, according to the greatness of the place, 13 Edw. 1. c. 4. Dalt. c. 60. f. 140. P [...]ul [...] Watch. 1.

These Watchmen are to apprehend and ex­amine all Strangers that pass by them in the Night, and if they find cause of suspition [...] them, then they may secure them till the Morn­ing; and if the Parties refuse to obey the Watchmen, they may levy Hue and Cry to take them, and upon their resistance, the Watch­men may justifie the beating of them, and set [Page 79] them in the Stocks or Cage till Morning; and [...]hen if no suspition be found in the Parties, [...]hey may let them go; but if there be found suspition in them, then the Watchmen may de­ [...]iver them to the Constable, or Tythingmen, &c. who is to convey them before a Justice of Peace, who after Examination of them, may bind them over, commit or acquit them as he shall see cause. These Watchmen are also to apprehend all such as ride or go armed, and all Rogues, Vagabonds, Noctivagants, Night­walkers, Evesdroppers, Scouts, and such like, 1 Dalt. c. 60. fol. 140. 5 Ed. 3. 14. 5 H. 7. 5.

These three particulars following, have been held for Law concerning Watches, viz. Dalt. J.P. c. 60. fol. 141.

• 1. The Watchmen must be Men of able Body, well and sufficiently armed, and no Man is compellable to watch, unless he be an Inhabitant within the same Town or Parish where he is required to watch.
• 2. Such as are Inhabitants within the Town, are not compellable to watch at the will of the Constable, but only when their turn comes, according to the use and cu­stom of the place, which is most com­monly by Turn or House.
• 3. It hath been held by some, That if a Man, who is compellable to watch, shall contemptuously refuse to watch, upon command of the Constable, that in such case the Constable might, ex Officio, set the Party in the Stocks for his contempt, Dalt. ibid.

[Page 80]But the safest way is for the Constable [...] present such Person for his Default at the Assis [...] or Sessions of the Peace, or else to compl [...] of him to a Justice of the Peace, who [...] bind the Offender to the Good Behaviour, a [...] so over to the next Quarter Sessions, there [...] answer, &c.

CHAP. XXXVIII. The Constables Office about Executing Warrants.

THE Constable, or other sworn Officers whom any Warrant shall be directe [...] and delivered, ought with all speed and se [...] cy to seek and find out the Party, and then [...] execute his said Warrant.

A known sworn Officer (be he Sheriff, U [...] der Sheriff, Bailiff or Constable, &c.) need not to shew his Warrant to a Man when [...] comes to serve it upon him, though he d [...] mandeth it; but if the Justice will direct [...] Warrant to his Servant, or to another (wh [...] is no sworn Officer) to serve it, they m [...] shew their Warrant to the Party, if he deman [...] it, or otherwise the Party may make resistance, and needs not to obey it, Bro. Faux I [...] pris. 23.

A sworn and known Officer, if he will no [...] shew his Warrant yet he ought to declare to the Party the Contents thereof upon serving it Co. 6.54. & 9.68.

An Officer giveth sufficient notice what he is when he saith to the Party, I Arrest you in the Kings Name, &c. and in such case the Party, at his [Page 81] peril, ought to obey him, though he knoweth [...]im not to be an Officer; and if he have no [...]awful Warrant, the Party gieved may have [...]is Action of False Imprisonment against him, [...]o. 6.69.

If a Constable, or other Officer, do arrest a Man for the Peace, or the like, before he hath [...]ny Warrant, and then afterwards doth pro­ [...]ure a Warrant (or a Warrant cometh after to [...]im) to arrest the Party for the same cause, [...]he first Arrest was unlawful, and the Officer is [...]able to an Action of False Imprisonment, Dyer [...]44. Stat. 43 El. c. 6.

Where a Warrant is granted against I. H. the Son of T. H. and the Officer thereupon arrest­eth I. H. the Son of W. H. although in truth he [...]e the same Person that offended, and against whom the complaint was made, yet this Ar­rest is wrongful, and the Officer is subject to an Action of False Imprisonment, 10 E. 4. fol. 12. [...]r. False Impris. 38.

If a Constable, or any other Person, hath ar­rested a Man by virtue of his Warrant, which he hath from a Justice of the Peace, and then taketh his Word, that he will come to him again at another time, to go with him to the Justice according to his Warrant, (and so lat­teth the Party go) who comes not again at the time appointed, it seems the Officer cannot afterwards arrest, or take him again by force of his former Warrant, because this was done by the consent of the Officer; but if the Party arrested had escaped (of his own wrong) with­out the consent of the Officer, the Officer may take him again, and again, upon fresh Suit so often as he escapeth, although he be out of [Page 82] view, or that he fly into another Town [...] County. Cromp. 214. a. & 184. Cro. 53.144.

When an Officer hath received a Warrant he is bound to observe and pursue the effe [...] of his Warrant in every behalf and particul [...] or otherwise his Warrant will not excuse [...] of that which he hath done.

If a Constable, or other Officer, having lawful Warrant to arrest another, and he sh [...] be resisted or assaulted by the Party, or by a [...] other Person, then may that Officer justifie t [...] heating or hurting of such Persons, and other (upon his request) may and ought to aid hi [...] 21 H. 7.39.

If a Justice of Peace shall issue our any Wa [...] rant for a Matter wherein he hath Jurisdictio [...] although it be beyond his Authority, yet it [...] not disputable by the Constable, or other s [...] Officer, but must be obeyed and executed [...] the Constable, or other Officer, to whom it [...] brought. As if a Justice of Peace shall se [...] forth his Warrant to arrest one for the Pea [...] or Good Behaviour without cause, the Office [...] that serves this Warrant, shall not be punishe [...] for the executing thereof; but if a Justice [...] Peace shall make his Warrant to do a thi [...] out of his Jurisdiction, or in a Cause where [...] the Justice of Peace is no Judge, if the Offic [...] shall serve such a Warrant, here he is punishable; for the Officer is not bound to obey him who is not Judge of the Cause no more tha [...] a meer Stranger, for the Officer is bound [...] take notice of the Authority and Jurisdiction [...] the Judge, 14 H. 8.16. Br. Faux Impris. 8. Co. 10 26. Cromp. 74.

[Page 83]But if any Justice sends his Warrant to a Con­stable, or any other Officer, to bring him to an­swer all such Matters as shall be objected a­gainst him, and doth not specifie the Cause in his Warrant, wherefore he issued forth the same, this Warrant is unlawful, and the Officer is liable to an Action of False Imprisonment if he executes it.

So if a Justice of Peace send a Warrant to take one for Cozenage, to take and bring to a Justice, or to Goal, one that another doth su­spect for Felony, where the Matter is small, or the Suspition slight, or to license a petty Chap­man to sell from House to House, to send a poor Body to a place otherwise than the Law di­rects, such kind of Warrants are not War­rantable.

All Warrants not specifying the Cause, are utterly against Law, Cooks Inst. part 4. Tit. de Frangent. Prison.

Except for Treason, or Warrants from the Council, Secretaries of State, or Lord Chief Justice, these need not set forth the Cause for Reasons of State.

If any Man shall contemn or abuse the Ju­stice of Peace his Warrant, as by casting it into the Dirt, or treading it under his Feet, &c. such Offender may be bound to his Good Behaviour for it, and be indicted and fined, it being a contempt against the Kings Process. Cromp. 144.

CHAP. I. The Antiquity of the Churchwardens Office, and how they are to be chosen.

THE Antiquity of the Office of a Church­warden (when they first received that Title) is very uncertain; but some are of Opinion, that it was about eighty seven Years after Britain had received the Christian Faith, which most Historians do agree, was planted here in the Reign of King Lucius, in the Year of Christ CLXXX, who is hitherto stilled the first Christian King of this Isle; and that Dionysius In the Year CCLXVII did di­vide (both in Rome and other places) to Bishops their Dioceses; and Parishes, Churches and Churchyards to Priests, Vicars and Curats; whether at that time, or how long after Churchwardens were instituted, is not certain­ly known.

[Page 86]But all Authors do agree, that they are very ancient Officers, that these Churchwardens of Parishes are at the Common Law taken in the manner of a Corporation, 12 H. 7. ult. that [...] to say, Churchwardens at the Common Law are persons enabled by that Name to take Moveable Goods or Chattels, and to sue, or be sued at the Law concerning such Goods for the use and profit of their Parish. And they are 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 their Office.

In the Book of Constitutions and canons Ecclesiastical, agreed upon in the Synod beg [...] at London Anno Dom. 1603. and in the first Yea [...] of King James, it is appointed, that Church­wardens, Questmen, Sidemen, or Assistants [...] every Parish, shall be chosen by the joynt Con­sent of the Minister and the Parishioners, if i [...] may be; but if they cannot agree upon such a choice, then the Minister shall chuse one, and the Parishioners another; and without such a joynt or several Choice, none shall take upon them to be Churchwardens; neither shall they continue any longer than one Year in that Ofifice, except they be chosen again in like man­ner; and they are to be yearly chosen in East [...] Week; Canon 89, 90.

But notwithstanding this Canon, where there is an ancient Custom in any Parish for the choic [...] of Churchwardens contrary to the Canon, in suc [...] case the Custom is to be observed before th [...] Canon, as shall be instanced in several cases here after mentioned.

[Page 87]If the Parishioners of a Parish have used time out of mind, &c. to chuse one Church­warden, and the Parson or Vicar another, and afterwards a Canon is made, that the Vicar shall elect two, and he do so accordingly; and the Parishioners elect one, according to their Custom, and the Ordinary disallows him, and confirms the other two chosen by the Vicar, in this case a Prohibition shall be granted, The Parishioners Case of Rovenden in Kent, Rolls Cases, part 2▪ f. 287. Pas. 5 Jac. B. R.

A Prohibition was granted against a Church­warden chosen by the Parson of St. Magnus by London Bridge by force of a Canon, upon a Sur­mise, that the Parish had a Custom to chuse two Churchwardens, Trin. 7 Car. 1. B.R. between Shirley and Brown, Rot. 1391. Rolls 2 part, fol. 287.

Warners Case, B. R. Pas. 17 Jac. The like was granted against a Churchwarden chosen by the Parson of St. Alhallows London.

Pas. 5 Jac. Cro. 2 part Rep. The Case of the Parishioners of Walbrook London.

Pas. 15 Car 1. B.R. The like against a Church­warden chosen by the Parson of St. Thomas in London, Cro. 3 part, Evelyns Case.

Pas. 4 Car. 1. B.R. Rot. 420. Rolls Cases, 2 part fol. 287. The like granted between Draper and Stone for Abchurch in London.

An Attorny cannot be made a Churchwar­den; but if he be put in, and refuse, and be sued in the Spiritual Court, he may have a Pro­hibition, Wilsons Case, Pas. 14 Car. 1. B. R. & Bakers Case, Trin. 14. Car. 1. B. R. Rolls Cases, 2 part, f. 272.

CHAP. II. The Churchwardens Office about Profanation of the Sabbath, and of the Church.

THE Churchwardens are diligently to set that all the Parishioners duly resort to their Parish Church on 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 shal 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 if they amend not after due Admoni­tion, they must present their Names to the Ordinary of the place, Canon 90. 5 Ed. 6. c. 1.

If the Churchwardens find any Person ab­sent from the Church upon Sundays or Holy days 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 may present such Offenders in the Ecclesiastical Court; but they must not pay 12 d. and be presented too, 1 Eliz. c. 1. Hob. Rep. f. 97.

If the Officer find any Tipling, in any Inn or Alehouse, in the time of Divine Service, then they forfeit 3 s. 4 d. more for Tipling, besides the 12 d. for being absent from the Church; And the Master of the House that suffers them to drink, forfeits 10 s. which Forfeitures are to the use of the Poor, 4 Jac. c. 5.

[Page 89]The Churchwardens, or Questmen, and [...]heir Assistants, shall suffer no Plays, Feasts, Banquets, Suppers, Church Ales, Drinkings, Temporal Courts or Leets, Lay Juries, Musters, or any other Profane Usage to be kept in [...]he Church, Chapel, or Church-yard; nei­ther the Bells to be rung superstitiously upon Holydays or Eves abrogated by the Book of Common Prayer, nor at any other times with­out good cause, to be allowed by the Mini­ster of the place, and by themselves, Can. 88.

Neither the Minister, Churchwardens, nor any other Officer of the Church, shall suffer any Man to preach within their Churches nor Chapels, but such as by shewing their License to preach shall appear unto them to be suffici­ently authorized thereunto, Can. 50, 85.

And the Churchwardens and 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.

Every of the Persons appointed by the said Act, to take the Oaths of Supremacy and Allegi­ance, in the respective Court where he takes the said Oaths, shall first deliver a Certificate of his receiving the Sacrament of the Lords Supper, as in and by the said Act is likewise appointed, under the Hands of the respective Minister and Churchwardens, and shall then make proof of the Truth thereof, by two credible Witnesses at the least upon Oath, 25 Car. 2. c. 2.

CHAP. III. Some few cases concerning Actions for, and against Churchwardens.

NOte, As I have said before, the Lo [...] doth make Churchwardens a kind [...] Corporation, and enables them by that Name t [...] take moveable Goods and Chattels, and to s [...] and be sued at Law concerning such Goods fo [...] the use and benefit of their Parish; yet they cannot take an Estate of Lands to them by Name of Churchwardens; for if a Feoffme [...] be made to the use of the Churchwardens of [...] this use is void, for they have no capacity [...] take such Purchase, Finch lib. 2. c. 17. p. 179 Rolls Cases, 1 part, fol. 393.

Neither can Churchwardens prescribe to have Lands to them and their Successors, for they are no Corporation to have Lands, but for Goods of the Church only.

If a Man buy a Bell, and hang it up in the Steeple, or do make a Pew, and set it up is the Church, and do neither make any Word o [...] Writing there of, yet by this is the Bell o [...] Pew dedicated or given to the Church, 11 [...] 4. 12. 8 H 7. 12.

The Churchwardens have no Action at the Common Law to recover a Legacy, nor any thing which they never had; but if any Goods or Ornaments of the Church, be once in their Possession and Custody, they may maintain as Appeal of Robbery against him that stealeth them, and an Action of Trespass against him that shall wrongfully take them away, although [Page 91] [...]t be the Vicar or Parson himself: and the Damages that shall be recovered thereby, shall [...]e to the use of the Parish, and not to their own use, 37 H 6. 30. & 34. 11 H. 4. 12.

But if those Churchwardens (from whom [...]he Goods were so taken) shall happen to die before any Action by them brought for the Goods, the succeeding Churchwardens shall have an Action for the same Goods, Fitz. N.B. [...]1. K.

If a Bell be broken, the Churchwardens may have an Action against him that brake it, and shall recover Damages, which shall be to the use of the Parish, and not to their own use.

The Churchwardens have no such proper­ty in the Goods of the Church, as thereby to have power to give, sell, release, hurt, or im­pair them, without the assent of the Sidemen or Vestry.

If the Churchwardens shall give or impair the Goods of the Church in their Custody, the Parishioners may chuse new ones, who may have an account against their Predecessors, Finch lib. 2. c. 17. p. 179.

If the Organs be taken out of the Church, the Churchwardens may bring 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 the Party in the Ecclesiastical Court that took them, Trin. 21 Jac. B.R. Rolls Cases, 1 part. fol. 393.

If the Walls, Windows or Doors of the Church be broken down, or the Trees in the Church-yard be cut down, or the Grafts there­of [Page 92] be eaten up; in this case the Parson or Vicar, and not the Churchwardens, shall ha [...] an Action for it. A Parson may bring his a­ction for breaking and entring into his House and Close, when it is the Church and Church-yard, 10 H. 4. fol. 9. 8 H. 6. fol. 9.

The Churchwardens by the assent and agree­ment of the Parishioners, may take a ruino [...] Bell, and deliver it to a Bell-Founder, as agree with him that he shall have four Pound [...] for casting it, and that he shall retain the sa [...] 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. 3 [...] 38 El. B. R. Methold and Winne [...] Case, Rol [...] Cases, 1 part, fol. 393.

If the Churchwardens present in the Eccle­siastical Court, That one A.B. (one of their Pa­rishioners) is a Railer, and Sower of Disco [...] amongst his Neighbours; in such case there lies a Prohibition; for this belongs to the Lee [...] and not to the Spiritual Court, unless such Railing were in the Church or Church-yard Mich. 16 Jac. C.B. Rot. 716. Smith and Pan [...] Case.

If the Churchwardens sue in the Ecclesiasti­cal Court for a Church Way, which they clai [...] to belong to all the Parishioners by Prescrip­tion, a Prohibition lies, for this is a Tempora [...] Cause.

If the Churchwardens of H. sue R. A. in the Ecclesiastical Court, for that he and all those whose Estate he hath in such an House, &c. at the Perambulation or Procession of the Pa­rishioners of the Parish, did use to provide [...] [Page 93] Refreshing for them, with Bread, Cakes, Cheese, and Ale, &c. and suffer them to rest there; in this case a Prohibition will be granted, for that they claim it in the nature of a Cor­rody.

CHAP. IV. The Churchwardens Office about disposing of Seats in their Church.

THE Churchwardens are to look to the Repair of the Seats in the Church, but the disposing of the Seats in the Body of the Church belongs of common Right to the Or­dinary of the Diocess, so that he may place and displace whom he pleases, except in some cases.

As if a Man and his Ancestors, and all those whose Estate he hath in a certain Messu­age, have used time out of mind to repair an Isle of the Church, and to sit there, and none else; in such place the Ordinary cannot dis­place him, because he hath it by Prescription for a reasonable consideration.

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 out of mind, in consideration that he and they 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 [Page 94] good Prescription, and by intendment a go [...] Consideration for the same.

But if a Man prescribe to have a Seat in th [...] Body of the Church generally, without consi­deration to repair the same, in such case the Ordinary may displace him.

But the Ordinary hath nothing to do with th [...] Seats in the Chapels belonging to the Houses of Noblemen, Trin. 12 Jac. C.B. Rolls Cases, 2 par [...] fol. 288.

But if a Lay-man by the dissolution of Monasteries hath a Monastery in which there is [...] 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 subject to the Ordinary, Tr. 12 Jac. C. B. Buzzards Case, Rol [...]s 2 part, f. 228, 289.

If there be a Custom in a Parish that twelved the Parishioners may chuse Churchwardens, which Churchwardens have power by the Cu­stom to repair the Seats, and make new ones is 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 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. Barbin and Tredennicks Case for a Seat in Breock Church in the County of Cornwal: but the [Page 95] reason of granting the Prohibition in this Case, [...]as partly because that the Sentence of the Or­ [...]inary was, That Tredennick should have the Seat [...]o him and his Heirs, and that none should di­ssturb him on pain of Excommunication, which [...] unreasonable, and by such Sentence he and his [...]eirs should have it, though they were no In­ [...]abitants within the same Parish, Rolls Cases, [...] part, fol. 289.

CHAP. V. The Churchwardens Office about Reparations and Rates.

THE Churchwardens are to see that the Church and Church-yard be well re­paired and kept clean; and they are to pro­ [...]ide Books of Common Prayer, Books of Ho­ [...]lies, a Parchment Book for Registring of [...]hristenings, Weddings and Burials in; Fonts, [...]ulpits, Tables, Chests for Alms, Communion Cups, Ornaments, and other Furniture, and [...] Chest with three Locks and Keys for put­ting the same in. And they are to provide [...]read and Wine for the Sacrament according [...]o the number of the Communicants, 37 H. 6. [...]0. 11 H. 7. 27. Canon 20, 70, 80, 81, 82, 83, [...]4, 85.

And they may Rate the Parish for Mony to [...]efray their Charges.

Their Rates are to be done by the Church­wardens, with the assent of the greater part of [...]he Parishioners, and upon a general warning [...]ven before they meet for that purpose. And [Page 96] the Ecclesiastical Court hath Cognizanoe of [...] Reparation of the Body of the Church.

If a Man dwell in one Parish, and have La [...] in another Parish, which he occupies there, [...] may be charged for such Lands, for the Rep [...] tion of the Church of the Parish where [...] Lands lie, Co. 5. Rep. fol. 67.

If an Inhabitant of one Parish lease out [...] Lands which he hath in another Parish, res [...] ving Rent, then he shall not be charged in [...] Parish where the Lands lie, because there [...] Parishioner and Inhabitant who may be charges Ibid.

If a Man live in one Parish, and occupy La [...] in another Parish, he shall not be charged [...] that Parish where the Lands lie, for the O [...] naments of the Church according to his La [...] for the Inhabitants only ought to be rated [...] them.

Neither can a Man be charged in the Par [...] where he doth inhabit, for the Lands which [...] occupieth in another Parish, towards the [...] paration of the Church in the Parish where [...] liveth; because then he might be twice charge [...] for he may be charged in the Parish where [...] Land lies.

If a petty Chapman take a Stall in the Wa [...] of a Mannor for Rent, within the Market, [...] two or three hours every Market-day to i [...] his Commodities, the Market being held the one day every Week, but he inhabits in another Parish, here he cannot be rated to the Repa [...] tion of the Church for such Stall or Stand [...] M. 20 Jac. B.R. between Holms and the Church­wardens of Kittering in Northamptonshire, res [...] ved, and a Prohibition granted accordingly, R [...] Cases, 2 part, f. 289.

[Page 97]If a Citizen of London build an House in [...]he 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 [...]he Reparation of the Church, where others that have a 100 Acres of Land in the same Parish [...]ay but 6 d yet notwithstanding no Prohibition [...]es in this case in the Court Christian, because they have the Jurisdiction of the thing; and therefore he must be ordered according to their [...]aw, M. 5 Jac. C.B. Sir Robert Leys Case, Rolls [...]ases, 2 part, fol. 289.

If there be a Chapel of Ease within a Pa­ [...]sh, and one part of the Parish have used [...]me out of mind to repair the Chapel them­ [...]elves without the rest of the Parishioners, and [...]here to hear Service, and Marry, and all [...]ther things, but only that they Bury at the Mother Church, notwithstanding they must [...]ontribute to the Reparation of the Mother [...]hurch, Mich. 13 Jac. C. B.

If some Parishioners be rated, and others are [...]ot, and those who are rated, are sued in the [...]cclesiastical Court, they must plead this Mat­ [...]er in this Court, for they cannot have a Pro­ [...]ibition.

Where there are five Bells in a Church, and [...]e major part of the Parishioners agree that [...]ere should be made a sixth Bell, which is [...]ade accordingly, and they make a Rate for [...]e payment of it, this shall bind the remainder [...] the Parishioners, though they did not agree [...]rd it; otherwise any obstinate Persons might [...]nder any thing intended, and what is fit for [...] Ornament of the Church, Heckfield and Mat­ [...]gly, &c.

[Page 98]Every Man ought to be rated according to his Personal Estate, and not according to his Lands for the Goods and Ornaments of the Church; and by a Land Rate for Church Repa­rations, though the Occupier of the Lands li [...] in another Parish.

These things are accounted Church Repara­tions, and are to be performed by a Land Ra [...], viz.

The Walls of the Church and Steeple, the Church-yard. Walls or Rails, the Windows a [...] Bars of Iron, the Glass, the Roof of Timber with Laths, Nails, Prigs, Dogs, and Bolts [...] Iron, the Covering of Lead, Tile, Slates [...] Shingles, the Floor with Stone or Paving-Tile the Doors with Locks, Keys, Ridges, Hoo [...] and Nails; the Furniture of the Steeple, w [...] Stairs, Floors, Bells, Wheels and [...]opes; the Pulpit, and the Pews and Seats not made by private Men.

These following are to be rated on the in­habitants of the Parish, and not upon Out-dw [...]l­lers, viz.

The Communion Table, and Coverings there­of, the Communion Cups, the Bread and Wh [...] for the Communicants, the Bible, and oth [...] Books appointed to be in Churches, the Wa [...] ­ing of the Communion Clothes, Candles [...] Lecture Days, the Surplice, Pulpit-Cloth a [...] Cushion, the Clerk and Sextons Wages, a [...] Expences of the Churchwardens and Sidesmen about the Parish Business.

By the Statute of 22 & 23 Car. 2. cap. 17. [...] ­tituled, [An Act for the better Paving and Cle [...] ­sing the Streets and Sewers in and about the City of London;] it is Enacted, (amongst othe [...] [Page 99] things) That where any Church or Church­yard shall be fronting or adjoyning to any of the Streets, Lanes, or Passages before menti­oned in the said Act, the Persons thereby au­ [...]horized and appointed, shall rate and assess a [...]easonable proportion thereof upon the Parish [...]hereunto belonging, the same to be paid by [...]he Churchwardens of every such Parish for the [...]ime being, who are by the said Act required [...]o pay the same accordingly in the behalf of the same Parish.

CHAP. VI. Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor.

THE Churchwardens are to joyn with the Constables in making of Rates for the Relief of the poor maimed Soldiers and Mariners, and for conveying Prisoners to the Goal, and to execute Warrants for the same.

The Churchwardens are to joyn with the Constables in chusing of Surveyors for the High Ways, and in the setting down of Days for the Work, and in the oversight of the High Constables Account for the Mony they do re­ceive upon any Forfeitures about the High Ways. And they may with the aid of two Justices (one of the Quorum) force High Con­stables to account for, and pay in what Mony they have received forfeited for default of High Ways; and to execute the Justices War­rants for the Penalties and Forfeitures about [Page 100] cleansing the Streets, and repairing the High Ways, 14 Car. 2. c. 2.

The Churchwardens and Overseers of the Poor are to execute the Justices Warrant for levying the Penalties of five pounds upon the Parties Goods that is not buried in Woollen▪ which Penalty is to be imployed to the use of the Poor, 18 Car. 2. c. 4.

The Churchwardens in London, Westminster, and Borough of Southwark, &c. upon every Monday or Tuesday in Easter Week, toge­ther with the Constable, Overseers of the Poor, and Surveyors of High Ways in every Parish respectively, or the greater number of them; giving notice, or calling together such other Inhabitants of their Parishes as have formerly born the like Offices, they, or the greater number of them are to make choice 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 next following, and until others be chosen and settled in their places, 2 W. & M.

CHAP. VII. The Churchwardens Office about passing Accounts, together with the Heads of most of the things which they are to present in the Visitation Court.

THE Churchwardens at the end of their Year, or within one Month after at the most, are before the Minister and Parishioners to give up a just Account of their Receipts and Disbursements; and at their going out of their Office, they are to deliver up to the Parishi­oners what Mony, or other things of right be­longing unto the Church which they have re­maining in their Hands, that it may be deli­vered over by them unto the next Churchwar­dens, by Bill indented, Canon 89.

If the Churchwardens refuse to do this, they may be presented at the next Visitation Court for it, or the succeeding Churchwardens may bring their Action of Account against them at the Common Law, and compel them to it; and in this Account they shall be allowed their needful Disbursements and Expences about the Parish Business.

The Churchwardens, Questmen, or Sides­men shall not be bound to exhibit their Pre­sentments above once a Year where it hath been no oftner used, nor above twice a Year in any Diocess whatsoever, except it be at the Bishops Visitation; for the which Presentments of every Parish Church or Chapel, the Regi­ster of the Court where they are to be exhi­bited, shall not receive above 4 d. in one [Page 102] Year, under pain of Suspension from the execution of his Office the space of one Mo [...] for every Offence toties quoties. But the Church [...]wardens may voluntarily present oftner if the [...] please, Canon 116.

No Churchwardens, Questmen, or Sidesm [...] shall be called or cited but only at the time [...] times before limited, to appear before [...] Ecclesiastical Judge whatsoever, for refusing [...] other times to present any Faults committe [...] in their Parishes, and punishable by Ecclesiastical Laws. Neither shall they or any of the [...] (after their Presentments exhibited at any [...] those times) be any further troubled for [...] same, except it evidently appear that they [...] willingly and wittingly omit to present so [...] publick Crime or Crimes, as they knew [...] have been committed, or could nor be [...]g [...] rant that there was then a publick Fame [...] them; or unless there be very just cause [...] call them to explain their former Presentment [...] And in case of wilful omission, their Ordinarie shall proceed against them in such sort, as [...] Cases of wilful Perjury in a Court Ecclesia­stical it is already by Law provided, Ca [...] 117.

One of the two times of Presentments is [...] ways to be about a Week or Fortnight after Easter, at which time also the old Churchwardens are to leave their Office, and new one [...] are to come in; but the new ones are not [...] be sworn till the old ones have given in the Presentments; and every Parson or Vicar, [...] their Curats in their absence, are to joyn [...] the Presentment with the Churchwardens, & [...] and if the Churchwardens refuse to present [Page 103] then every such Parson and Vicar, or in their absence their Curats may themselves present to their Ordinaries at all such times, and when else they shall think fit, Canon 113, 118.

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. Of the Antiquity of these Officers, of their Quali­fications, and how, and when to be chosen.

THose to be chosen to this Office, ought to be substantial P [...]rsons, Men of Wisdom and a good Conscience; they must be Housholders, for this Name and Of­fice may beseem the Best, and not the meanest Men, (it being an Office of great Antiquity and Excellency;) For as God himself hath a special Respect to the Miseries of the Poor, so they be like God that provide for the Neces­sities of the Poor, Dalt. J.P. 143.

The Overseers of the Poor are to be chosen yearly, and joyned with the Churchwardens of the Parish in the oversight and ordering of the Poor of the Parish. They are to be chosen by two or more Justices of the Peace, (one whereof to be of the Quorum) who are [Page 108] yearly under their Hands and Seals at Easter, or within one Month after, to appoint four, three, or two substantial Housholders, accord­ing to the greatness of the Parish, to be joyn­ed with the Churchwardens to look to the Poor of the Parish, Stat. 43 Eliz. c. 2. 21 J [...]. c. 28.

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 are to consider of some meet directions about their Office, and they are to use all possible diligence in their Office on pain to forfeit for every such Default twenty shillings, 43 El. c. 2. Wing [...]tes Stat. Tit. Poor People.

And if it happen that Overseers be not ap­pointed according to the 4 [...] 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. c. 2. Wingates Stat. Tit. Po [...] People.

CHAP. II. Of the several sorts of Poor People, and what Poor the Overseers are to provide for, and relieve, or to set to work.

THere are three sorts 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 Ideot, 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. c. 73. f. 169.

Then secondly, The Poor by Casualty, as a Person casually disabled or maimed in his Body, as the Soldier or Labourer, &c. maimed in their lawful Callings, the Housholder decayed by casualty of Fire, Water, Robbery, Suretiship, &c. and the poor Man over-charged 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 [Page 110] to their several Wants and Necessities, D [...] J.P. c. 73. f. ibid.

Then lastly, The thristless Poor, as the ri [...] tous and prodigal Person, that consumes all wi [...] Play or Drinking, &c. the dissolute Person, as th [...] Strumpet, Pilferer, &c. the slothful Person th [...] refuseth to work, &c. and the Vagabond th [...] will abide in no place or service; and for all the [...] the House of Correction is the place where they are to be sent to, and being of able Bodies, the [...] they are to be held to hard Labour, and to main­tain themselves by their Labour and Work, with­out charging the Town or County for any Al­lowance, 7 Jac. c. 4 Dalt. J.P. c. 73. fol. 170.

But it seemeth, that if any of these last so [...] Poor happen to prove impotent, and also [...] cases of manifest extremity, then they are to be relieved by the Town, Dalt. J.P. c. 73. f. ibid.

If the Parents be able to work, and may have Work, they are to find their Children by thei [...] labour, and not the Parish; but if they be over­charged with Children, they may help, by having some of their Children put out Apprentices by the Overseers, Dalt. J.P. c. 73. f. 157.

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 o [...] Peace of that County (where such sufficient Per­son dwelleth) at their General Quarter Session [...] shall Assess; and if such Person refuse to able the Order, they forfeit 20 s. for every mon [...] to the Poor of the Parish, which Forfeiture [...]s [...] be levied by the Churchwardens or Overseers, or one of them, by Warrant from any two Ju­stices [Page 111] of the Peace (Quor. unus) within their Li­mits, by distress and sale of the Offenders Goods, and 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. 2. Resol. Judges 16, 17. Dalt. J.P. c. 73. f. 156.

But if a Man marry a Grandmother that hath no Estate, the Grandfather in Law is not chargeable: But if she hath 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 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 therein against a Man that lives out of their County. See Boulst. [...]p. 2 part, f. 245, 246, 247.

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. c. 73. f. 157. 39 El. 3.

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. c. 83. f. 20.

These Officers are to make provision for a poor Man that wants an House (but not for a common Herdsman or Sheperd) with consent of the Lord of the Mannor first had in writing under his Hand and Seal, either by themselves, or with [Page 112] 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. [...]. But such Cottage may not be afterwards employ­ed otherwise than to lodge impotent Persons there, for if it be, then it falls within the penal­ty of the 31 El. aforesaid, 43 El. c. 2 Wingates. Stat. Tit. Poor People.

All such Persons married or unmarried, having no Means to maintain them, using no ordinary and daily 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 one Justice of Peace may send to the House of Corre­ction, or Common Goal, such as shall not imploy themselves to work being appointed thereto by the Churchwardens and Overseers of the Poor of the Parish, 43 El. c. 2. Dalt. J.P. c. 73. f. 143.

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 (Q [...]r. 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 c. 4. Dalt. J P. c. 73. f. 148. Wingates Stat. Tit. Poor People.

CHAP. III. The Duty of the Overseers about putting forth, and binding of Apprentices, with the Form of the Indenture for that purpose.

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 idly and loosly, or else such as are a burthen and charge to their Parents, Dalt. J. P. c. 73. f. 150, 151.

The choice of these Apprentices, are to be out of the poorest sort of Children, whose Pa­rents 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. c. 3. Wingates Stat. Tit. Poor People.

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 [Page 114] 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 [...] be bound to Weavers, Masons, Dyers, Fullers, [...] any other Trade, as well as to Husbandry [...] Housewifery, See 43 El. c. 2. Dalt. J.P. c. 73. f. 14 [...] Wingates Stat. Tit. Poor People.

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

All Men that-have, or may have use for Ser­vants, as Knights, Clergy-men, 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, Res. Judges 1633. Quest. 4. Po [...]. 24. Dalt. J P. c. 73. f. 151.

Or the Refusers to take Apprentices, may be presented and indicted for the same, upon the Stat. 43 El. c. 2. at the Assizes or Sessions of the Peace, Dalt. J.P. c. 73. f. ibid. Res. Judges 1633. Quest. 7.

[Page 115]An Apprentice put to a Man in respect of his Farm, when his Lease expireth, 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, Res. Judges 1633. Quest. 2. Dalt. J.P. c. 73. f. 151.

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. c. 73. & 58. f. 153. & 119.

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 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, Cromp. 184. Dalt. J.P. c. 5. f. 120.

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 [Page 116] abovesaid, may safely be received and kept [...] Apprentices by their Masters, 1 Jac. c. 25. [...] Jac. c. 28. Dalt. J. P. c. 58. fol. 120. 3 Car. 1. c. [...] 5 El. c. 4. Cromp. 184. b.

Such Mony as is given to put out poor Children Apprentices, is to be employed 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 [...] forbear to refuse to employ the same accord­ingly, on pain to forfeit five marks, each o [...] them so making default, to be divided betwi [...] the Poor of the Parish and the Prosecutor, 7 Jac. c. 3. Wingates Stat. Tit. Poor People.

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 the three months after the end of the said seve [...] years; and if such Apprentice shall die within 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 employed in placing the Apprentic [...] with some other of the same Trade, to serve out his time, at the discretion of the Parties trusted as aforesaid, 7 Jac. c. 3.

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 the 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 [Page 117] [...]here also Bond shall be taken, as afore is decla­red, 7 Jac. c. 3.

If the Master shall put his Apprentice into [...]pparel, it is a Gift in Law, and he cannot afterwards take it away, though he should part with his Apprentice, Br. Transgr. 93.

An Apprentice cannot be discharged from his Apprenticeship but by four Justices of the Peace [...]t the least, and in open Sessions, or else by [...]he Agreement of the Master and Apprentice, and under his Masters Hand in Writing, Dalt. J. P. c. 58. f. 121.

Note, If it be a Boy that is to be bound Ap­prentice to Husbandry, or any other Trade, the [...] he may be bound till 24 years of Age, as [...] shew'd before in this Chapter.

CHAP. IV. Several Cases about Settlements, and also touching Bastards, &c.

TOuching settling of poor People, the Ju­stices are to meddle with none but those who are impotent, and such as are like to be chargeable to the place where they are Boulst. Rep. 1 part, 347.

[Page 119]By 13 & 14 Car. 2. cap. 12. It is Enacted, that upon complaint by the Churchwardens, [...]d Overseers of the Poor, to any Justice of [...]eace within forty days after any poor Person [...]ometh to settle in a Tenement under 10 l. [...]r annum, two Justices of Peace, whereof one [...] be of the Quorum, may by Warrant remove [...]ch Person to the Parish where they were last [...]gally settled for forty days, unless they give [...]curity to be allowed by the said Justices for discharge of the Parish: Persons aggrieved may [...]ppeal to the Quarter Sessions.

But Persons having a Certificate from the [...]inister of the Parish, and one Churchwarden, [...]nd one Overseer of the Poor, declaring them inhabitants there, may go into any Parish to [...]ork, and the not returning of such Persons, [...]hen their Work is finished, or falling Sick whilst they are at Work, shall not be accounted [...] Settlement: If any return to the Parish from [...]hence they are removed, a Justice of Peace [...]ay send them to the House of Correction, to [...]e punished as Vagabonds, or to a publick Work house to be imployed in Labour: and if [...]e Churchwardens and Overseers of any Pa­rish to which any are removed, refuse to re­solve them, and provide them Work, &c. a [...]ustice of Peace may bind over such Officers to [...]e Assizes or Sessions.

Churchwardens and Overseers for the Poor [...]here any Bastard-Child shall be born, may [...]ize so much of the Goods and Profits of the [...]ands of the Putative Father and Lewd Mother, [...] two Justices of Peace shall order towards [...]ischarge of the Parish, to be confirmed at the [...]essions: who may make an Order for the [Page 120] Churchwardens, &c. to dispose of the Goo [...] by sale or otherwise as they shall think [...] and receive the Profits of so much of the [...] Lands, as shall be ordered by the Sessions.

The Poor in every Town-ship or Village [...] Lancashire, Cheshire, Darbyshire, Yorkshire, N [...] thumberland, Bishoprick of Durham, Cumberland and Westmoreland shall be provided for in th [...] Township and Village where they inhabit, [...] were last legally settled: And two or more overseers shall be chosen in every Township &c. who shall execute all powers for the Belief of the Poor under the Penalties mentioned in 43 Eliz. c. 2.

This Act of 13 & 14 Car. 2. c. 12. was [...] continue no longer than to the end of the first Session of the next Parliament, but revived by 1 Jac. 2. c. 17. to continue for seven years, an [...] to the end of the first Session of the next Par­liament.

And whereas poor Persons at their first coming to a Parish, do commonly conceal them­selves, the forty days intended by the said Act to make Settlement, shall be accounted from the time of their deliveries of notice in wri [...] ­ing of their House of Abode, and the number of their Family, if they have any, to one of the Churchwardens or Overseers of the Poo [...] of the said Parish, 1 Jac. 2. c. 17.

No Man but a Vagrant Begger, 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 Justice [...] to be sent to the House of Correction, Co. 2 [Page 121] part Inst. fol. 730. 7 Jac. c. 4. Resol. Judges 9. Dalt. [...]. P. c. 73. f. 157. 39 El. c. 4. 1 Jac. c. 7.

If a Scholar in the University, or in a Gram­mar School begin to be suspect, he may be, or [...] he doth become impotent, and is like to [...]e a Charge to the Parish where he is, he must [...]e sent to his Parents if he have any, other­ [...]ise to the place where he was last legally [...]ttled before he came to School, Res. Judges 633. sect. 32.

If one be Born, and live 20 years in A. and [...]en go to B. and there live in a House and pay [...]is Rent, and after he come to C. and there Works 20 Weeks as a Labourer in a Quarry of [...]ones, where he breaks his Back, and becomes [...]potent, and there is taken vagrant and beg­ [...]ng, in this case he must be sent to A. the [...]ace of his Birth, and there must be provided [...]or, Res. Judges, 14 Car. 1.

If a Man that hath a Wife and Children, take [...] House in one Parish for a Year, and during [...]is time he is illegally forced out of his Posses­sion; then he takes an House as Inmate in ano­ther Parish, out of which he is put within two [...]r three days, and then not having any place [...] be in, he gets into a Barn in the third place, [...]nd there his Wife is delivered of another [...]hild: In this case they are all to be sent to the [...]arish out of which they were first illegally [...]rced, Resol. Judges 1633. sect. 24.

One Born in D. left that place for the space [...] 20 years, then lived in S. took an House and [...]id Rent, and left that place also six or seven [...]ears, and then came to L. in another County. [...]nd there was twenty Weeks, did Work, and [Page 122] there became impotent, and did wander, at 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 th [...] Judges at Worcester Assizes, 14 Car. 1. Boulst. Re [...] 1 part, f. 375.

No Child under the Age of seven years sha [...] be adjudged a Rogue within the Stat. 39 El. c. [...] But it seems such Children vagrant and beggin [...] must be sent and placed with the Father [...] Husband of the Wife; and if he be dead, the [...] with the Mother (where she was born, or la [...] dwelt by the space of one year) and such Chil­dren, once thus settled or placed, must the [...] remain, and not be sent from thence to the [...] place of Birth, though after their Parents die or run away, or that the said Children gro [...] above the Age of seven years, yea, though th [...] said Children after beg, and prove vagrant i [...] the Town, for there they must be set to labo [...] by the Overseers of the Poor, Dalt. J.P. c. [...] f. 209.

But Children above seven years of Age, go­ing about vagrant, or begging in the Cou [...] ­try, shall be punished as Rogues, and sent [...] their place of Birth, Dalt. J. P. ch. 83. f. 209.

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 of them Rogue about, in this case they are to be sent to the place wher [...] the House is, Dalt. J. P. c. 83. fol. 209.

[Page 123]The Rogue, whose place of birth or last dwelling cannot be known, having Wife and Children under seven 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 [...]elieved by the Work of their Parents, though the Parents be committed to the House of Cor­rection; and if the Rogue have Children above [...]even 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. c. 83. f. 206. and Shephards Guide [...]or J.P. pag. 252. Res. &c. b.

If I live in a 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 [...]f I have an House in B. they shall be placed [...]here, Dalt. J.P. c. 73. f. 158.

A. being a Wanderer with three Children born in three Parishes, comes to Dale with them [...]o 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 died, Boulst. Rep. 2 part, 351.

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 Bith, or last Habitation, but a Vagrant Rogue, not 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 [Page 124] 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. c. 83. f. 209.

If a Maid Servant be gotten with Child at [...] by her Fellow-Servant (or by another Man o [...] the same Town) and after both their Service [...] ended, they Marry, and then the young Ma [...] is retained at B. and afterwards the 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. c. 73 f. 159.

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. c. 4.

If a Woman unmarried be hired Weekly, Monthly, half Year, or Yearly, in one Parish, and there 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, is 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. Judge [...] 1633. sect. 12.

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 sent to, and settled in the place where it was born, and not to remain with the Mother, Resol. Judges 1633. sect. 23.

[Page 125]If A. have a Bastard Child by B. born in Dalt, 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 Salt, where it was settled with the Father 10 years, Boulst. Rep. 2 part, fol. 350.

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 set­led 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, (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. c. 11. f. 41.

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 Goal, and there hanged for Felony, in this case the Child shall not be chargeable to the place where the Goal is, but to the place where it was born (if it can be known) otherwise to [Page 126] the place where the Mother was apprehended and so was the opinion of Sir Nicholas Hi [...] 3 Car. 1.

The two next Justices (Quor. unus) in [...] next to the Limits where the Parish Church [...] may take order as well for the punishment [...] the Mother, and reputed Father of a Bastard Child, as also for the Relief of the Parish wher [...] it is born, by charging the Mother and Father with the payment of Mony weekly toward the keeping of it, or otherwise: And if the Mother or Father perform not the Justices or­der therein, they are to suffer Imprisonment without Bail, 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. c. 11. f. [...]. 18 El. c. 3.

Note, That this Order may be made by any two Justices of the County (Quor. unus) as [...] held by some, but most properly by the tw [...] 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 with in the County where the two Justices 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 gotten in his House, &c. and the Order must [Page 127] 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 her self concerning the reputed Father, the time, &c. Dalt. J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154, 245, 246, 247, 388. and see Pridgeons Case, Hill. 9 Car. 1. B.R. and Slaters Case, Pasch. 13 Car. 1. B.R. Cro. Rep. 1 part.

CHAP. V. The Overseers Office in making of Rates, and passing Accounts.

THE Churchwardens and Overseers of the Poor, 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 Tithes, Cole­mines, 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 without Bail till he be discharged by him, 43 El. [Page 128] ch. 2. Dalt. J. P. c. 73. f. 148. Wingates Stat. T [...] Poor People.

Now these Rates ought to be well and tr [...] made, according to Mens visible Estates, real i [...] personal, within the place only, and not [...] any Estate elsewhere; at Lincoln Assises, 9 Ca [...] by Justice Hutton and Crook.

Note, That a Parish in Reputation, shall be Parish within this Law: so that if A. be ancient Parish that hath Officers in it, and the [...] 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 t [...] Parish towards the Poor, Huttons Rep. fol. 93. [...] M. 3 Car. B.R. Hilton & Pauls Case, Cro. 3 p [...] Rep.

This Tax must be set upon the Tenants and Occupiers of Lands; and not upon the La [...] ­lords Living within or without the Parish; [...] the Tenant only is chargeable for the Land, B [...] strods 1 part, Rep. fol. 354.

The Parson having a full tenth Part of the Profits of the Place, may be rated to a tenth Part Resol. Judges 1633. sect. 33.

He that doth occupy Lands in 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 [...] more; but for his personal Estate it seems rea­sonable he should be charged for it in the place where his Person is: All Lands Ancient De­mesn, 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 consuetud [...] tollit Legem.

[Page 129]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.

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. c. 73. f. 167.

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 discretion, 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People, 14 Car. 2. c. 12.

If any Persons find themselves aggrieved 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. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People.

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, on pain to forfeit 20 s. a month, to the use of the Poor, to be levied by distress and sale as aforesaid, and for want of distress to be committed to Prison till the [Page 130] Forfeiture be paid, 43 El. c. 2. Wingates [...] Stat. Tit. Poor People, Dalt. J.P. c. 73. f. 1 [...].

Head Officers in Cities and Corporate Towns and Aldermen of London, have in their severa [...] Precincts like Authority that Justices of Peace have in their Counties, and no other Justice [...] of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People, 43 El. c. 2.

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 Account of Overseers, and committing such as refuse [...] 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, Wingates Abr. Stat. Tit. Poor People, 43 El. c. 2. Dalt J.P. c. 73. f. 156.

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 is 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 [Page 131] they have suffered to wander and beg out of their Town, or in the Highways, or in their Town without their directions? 6. Whether they meet monthly to consider of the things belonging to their Office? 7. Whether they made their Rates indifferent 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. c. 2. Dalt. J. P. c. 73. f. 153.

By the Statute of 30 Car. 2. for Burying in Woollen, the Justices are not to allow the Ac­counts of the Overseers of the Poor, until they have given them an Account of the Burials and Certificates, and of their levying the Penalties in pursuance of that Act, 30 Car. 2. c. 3.

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 Bail, 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. c. 73. f. 154.

[Page 132]Also if any of the Churchwardens or Over­seers shall refuse, or deny to pay, or 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 and subsequent Churchwardens and Overseers, or any of them, to levy the same by distress 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 Goal, there to remain without Bail, until payment or de­livery of the said Sum, Arrearages and Stock be made, 42 El. c. 2. Dalt. J.P. c. 73. f. 154.

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 Goal, as aforesaid, Dalt. J.P. c. 73. ibid.

And for these aforesaid, and all other Negli­gencies 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 le­vied by the new Churchwardens and Overseers, or one of them, by Warrant from two Justices, as aforesaid, by distress and sale of the Offen­ders Goods; and for want of Distress, two such Justices may commit Offenders to the Goal, there to remain without Bail, till the [Page 133] said Forfeitures shall be paid; which said For­feitures are to be imployed to the use of the Poor of the said Parish, Dalt. J.P. c. 73. f. 155. 43 El. c. 2.

CHAP. VI. The Overseers Duty about Weights and Measures, and Burying in Woollen.

THere shall be one Weight, one Measure, and one Yard, according to the Stan­dard of the Exchequer, throughout all the Realm, as well in places Priviledged, as with­out, and every Measure of Corn shall be strik­ed without Heap: And whosoever shall keep any other Weight, Measure, or Yard, whereby any Corn, Grain, or other thing is bought or sold, shall forfeit for every Offence five shil­lings, being thereof convicted, by the Oath of one sufficient Witness, before any Justice of Peace, or Head-Officer of the City, Town, or Place where the Offence is done, to be levied by the Churchwardens or Overseers of the Poor of the Parish, to the use of the Poor of the said Parish, by Distress and Sale of the Of­fenders Goods, and for want of Distress, to be Imprisoned without Bail until payment. And all Persons, upon Suit against him or them, for any thing done upon this Act, to plead the General Issue, and give the Act in Evidence, and to have treble Costs, if unjustly vexed, Dalt. J.P. c. 112. f. 246. 17 Car. 2. c. 19.

[Page 134]No Corps shall be buried in any thing other than what is made of Sheeps Wool only, or be put into any Coffin lined or faced with any thing made of any material but Sheeps Wool, on pain of the Forfeiture of five pounds, 30 Car. 2. c. 3.

An Affidavit under the Hands and Seals of two Witnesses (or under the Hand of the Magi­strate or Officer before whom it was sworn, for which nothing shall be paid) must be brought to the Minister within eight days after the Party is interred, that he was not buried contrary to this Act, which shall be taken before some Justice of Peace, Master of Chancery, Ordinary or Extra­ordinary, Mayor, Bailiff, or other chief Officer of the City, County, Borough, &c. where the Party was buried: And if no such Affidavit be brought, the Minister shall give notice thereof under his Hand to the Churchwardens or O­verseers of the Poor, who within eight days after shall repair to the Chief Magistrate in any Town, &c. if buried there, else to a Justice of Peace, who upon Certificate thereof from the Minister, &c. shall grant a Warrant for le­vying the Forfeiture by distress and sale of the Goods of the Party deceased, or in default thereof, of the Persons Goods in whose House the Party died, or the Goods of any that had a Hand in putting such Party into any Shroud, Coffin, &c. contrary to this Act, or that or­dered the same: And if such Person were a Servant, and died in the Masters Family, the Masters Goods to be liable: And if such Person died in his Parents Family, the Parents Goods to be liable: One Moiety of which Forfeiture shall be to the Poor of the Parish [Page 135] where the Party is buried, the other to him that shall sue for the same, 30 Car. 2. c. 3.

Ministers, Churchwardens, and Overseers, Justices of Peace, or Chief Magistrates, neg­lecting their Duty aforesaid, shall forfeit five pounds for every Offence, to be recovered by Action of Debt, Bill, Plaint, &c. wherein the Prosecutor shall recover his full Costs, so as the Suit be commenced, within six months after the Offence committed; one fourth part of the Forfeitures to the King; two fourth parts to the Poor of the Parish where the Offender dwells; and one fourth part to the Informer, 30 Car. 2. c. 3.

Every Minister shall keep a Register of all Burials and Affidavits: And where no Affidavit is brought as aforesaid, shall enter a Memorial thereof against the Name of the Party interred, and of the time when he notified the same to the Churchwardens or Overseers of the Poor. And the Overseers when they give up their Ac­counts at the Sessions, or to any two Justices at their monthly Meetings, shall give an ac­count of the Name and Quality of every Per­son interred since their former Account; and of such Certificates, and of their levying the Penalties, and of their disposal thereof, on pain of five pounds to be levied by distress and sale of Goods, by Warrant from the said Ju­stices, or two of them: and their Accounts shall not be allowed till they have accounted for their Burials, 30 Car. 2. c. 3.

No Penalty shall be incurred where the Par­ty died of the Plague: If any Person be prose­cuted, for what he shall do in pursuance to this Act, he may plead the General Issue, and give this [Page 136] Act in Evidence: And upon a Nonsuit, Discon­tinuance or Verdict for him, or Judgment up­on a Demurrer, he shall have treble Costs, 30 Car. 2. c. 3.

And now by the Statute of 32 Car. 2. (where no Justice of Peace shall reside, or be to be found in any Parish where any Party shall be inter­red) such Oaths or Affidavits may be admin­stred, not only by such Magistrates as aforesaid, but by any Parson, Vicar, or Curate in the same County, other than of the Parish or Chap­pel of Ease where the Party is interred; and they are to attest the same under their Hands gratis, 32 Car. 2. c. 1.

The Overseers Duty about Irish Cattel, See Duty of Constables, ch. 8.

Their Duty in suppressing Conventicles, See Duty of Constables, ch. 9.

Note, That the Overseers of the Poor, are to receive for the use of the Poor of the Parish where the Offence is committed, of such who kill, or take in the night-time any Conies up­on the Borders of Warrens, or other Grounds lawfully used for keeping of Conies, except Owners, &c. or Persons by them imployed, and of such who use Snares, Harepipes, or other like Engines, or who take any Fish by any Net, Angle, or other Device whatsoever, in any Water or River, or shall be assisting there­unto, without consent of the Lord, or Owner of the said Water, what Sum the Justice of Peace before whom such Offender shall be con­victed, shall think meet, not exceeding ten shillings (which he is to pay over and above re­compence to the Owner:) And in default of payment thereof, he that takes or kills such [Page 137] Conies, or useth Snares, &c. shall be commit­ted to the House of Correction for any time not exceeding one month: And the Goods of him that takes such Fish shall be liable to di­stress; and for want of a Distress, he shall be committed to the House of Correction, for any time not exceeding one month, unless he en­ter into Bond with one or more Sureties to the Party injured, not exceeding ten pounds, never to offend in like manner, 22 and 23 Car. 2. c. 24.

CHAP. I. How many Sorts of Ways there are; of the Choice of these Officers, with some few General Cases concerning Highways.

THere are three kind of Ways; 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 a Foot-way and Horse-way. Thirdly, A Cart-way, &c. called Via or Aditus, (and containeth the other two, and a Cart-way also) for this is jus eundi, vehendi, & vehiculum & [Page 140] jumentum ducendi; and this is two-fold, viz. Via Regia, The Kings High-way for all Men, & communis Strata, belonging to a City or Town, or between Neighbours.

It is called the Kings High-way, for that the King at all times hath therein Passage for Him­self and his People, 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. c. 50. f. 101. and see Rolls Cases, 1 part f. 392. 2 E. 4. 9. 8 E. 4. 9. 17 E. 3. f. 43. Bro. Chemine, 10, 11. & Leet 3. 27 H. 6. f. 9. 8 H. 7. f. 5.

The High-way is not only the Common Tract, where Carts, Carriages, and People have gone; but if the Way be Foundrous, that People cannot pass in the Common Tract, and there be Out-lets out of it, into the Soil of another adjoyning, the People may in such ex­tremity use those Out-lets upon anothers Soil, although it be sowen with Corn: And that is, in such case, the Kings High-way as well as the other; for the Kings Subjects must have a convenient Passage, as was resolved in a Try [...] at Bar against Sir Henry Du [...]comb, Tr. 10 Car. Rolls 1 part of Abridgment, fol. 390. Therefore where a Way goes through a Mans Land, and the Owner of the Land Fence it on both sides, he, by so doing, hath made himself liable to re­pair the High-way, and keep it passable; and it is not sufficient for him to keep it in as good repair, as it was at the time of the In­closure; for by so doing he hath straitned the High-way, Dalt. J.P. c. 50. f. 98.

[Page 141]The Constables and Churchwardens of every Parish shall yearly, upon Tuesday or Wednesday in Easter Week, call together a number of the Parishioners, and then make choice of two of the Parish to be Surveyors of the High-ways the Year following, who shall forthwith take that Office upon them, on pain to forfeit twenty shillings a piece, 2 & 3. Ph. & Mar. c. 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. c. 8. & 5 El. c. 13.

High-ways 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 [...]o amend them, the Surveyors may, yea, must ap­point more days, Dalt. P.J. c. 50. f. 101.

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 Bill. 1 [...] Car. 1. Br. in one Fosters Case, per Curiam, Roells Cases, 1 part, f. 390.

All Fines and Forfeitures assessed in the Ses­sions, upon the Statute 5 El. about High-ways, must be Estreated by the Clerk of the Peace, and must be levied, accounted, and imployed as i [...] appointed by the 2 & 3 Ph. & Mar. c. 8. 5 El. c. 13.

[Page 142]The Surveyors 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 El. 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 El. c. 10.

By the Stat. 22 Car. 2. c. 12. All Constables and Surveyors of the High-ways shall put in exe­cution the Statutes for repairing and inlarging High-ways, and levy the Penalties thereby im­posed. And every Constable or Surveyor of the High-ways neglecting so to do, or wilfully suffering any Waggons or Carts to pass through his Limits, with any more Horses or Cattel, or in any other manner than this Act alloweth, upon Conviction thereof by one Oath before one Justice, or the Justices own view, shall pay such Fine (not exceeding 40 s.) as such Justice shall Assess.

All Actions brought against any Person for acting by this Law, shall be laid in the proper County, and Defendants may plead the General Issue, and recover treble Costs.

No travelling Waggon, Cart, &c. in which any Burdens shall be carried, (except Carts used about Husbandry, and carrying Hay, Straw, Co [...] unthrashed, Coal, Chalk, Timber for Shipping or Building, Stones of all sorts, Ammunition or Artillery for the King) shall be drawn, or go in any Road or publick High way, with above five Horse-beasts at length, and if any draw with more Horses or Oxen, he shall draw all two [...] breast, except one Horse.

[Page 143]Every Owner of any Waggon, Cart, &c. Horse or Beasts; shall forfeit for every Offence 40 s. one third part to the Surveyors to amend the Ways; [...]ne third part to the Overseers for the Poor; [...]he last third part to him who shall discover the Offendor.

The Surveyor, where any neglect to come [...]d labour, shall complain thereof to the next [...]ustices, who upon Oath of one Witness, shall [...]vy for every days labour neglected 18 d. and [...]or every Man and Horse 3 s. and for every Cart with two Men 10 s. for each day neglecting, [...] Car. 2. c. 12.

CHAP. II. The Duty of the Surveyors about Setting and Cal­ling the Parishioners to the common days Works for the High-ways, and about taking and dig­ing for Gravel, Chalk, Sand, &c.

THese Officers are to see that the Parishio­ners do their Work on the days appoint­ [...]d, and that according to these Rules following, viz. Every Person having in his own Occupa­ [...]ion a Plough Land in Tillage, or in Pasture in [...]he same Parish, or keeping there a Plough or [...]raught, shall find and send on every day to [...]e place appointed by the Surveyors, one [...]ain or Cart provided, after the Fashion of [...]he Country, with Oxen, &c. fit for the Carri­ [...]ge, and with necessary Tools fit for the Work, [...]nd with two able Men, who are there to do [...]ch Work with their Wains, &c. as they shall [...]e appointed (by the Surveyors) by the space [Page 144] of eight hours every of the said six days, on pain of 10 s. every day default is made, 2, 4 P. M. c. 8. Rastall. 199. Lamb. 459. Wingates Abr. Stat. Tit. High-ways, Dalt. J.P. c. 50. f. 102.

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. c. 8.

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 s. in Lands, or above, they must find two able Men to work every of the said six days, 18 El. c. 10. Wingates Abr. Stat Tit. High-ways.

If any of the Carriages shall not be thought needful by the said Surveyors upon any of the said days, they may appoint instead of a Team, two able Men to work as aforesaid, who shall not fail on pain that the Party that should send them, shall forfeit 12 pence for every day that either of them make default, Wingates Abr. Stat. Tit. High-ways, 2, 3 P. M. c. 8. Dalt. J.P. c. 50. f. 100.

He that shall occupy a Plow-land in Tillage or Pasture, lying in several Parishes, shall be chargeable only in the Parish where he dwel­leth; and he that occupieth several Plow-lands in several Parishes, shall be charged in each Town or Parish where such Land lieth (to wit) to find in each Town or Parish one Cart fur­nished [Page 145] as aforesaid, though he be no Inhabitant there, 10 El. c. 18. Dalt. J.P. c. 50. f 99.

Now for the further opening of these things, note, That it is said, that a Plow-land is not of any certain Contents, but ordinarily it is so much as one Plough may Plough in one day, which in some Countries is more, and in some less, according to the heaviness of the Soil, Co. 9 Rep. f. 124. Co. on Lit. f. 69. & vide Lamb. ver. Hide 35 H. 6. f 29.

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 cared, in this case it seems he is to send his Plough, Vide Co. 4 Rep f. 3 [...]. b. & 9 Rep. f. 122.

He that hath a Plough land, and no Plough, but doth suffer his Land to lie fresh, yet he is to [...]nd a Plough for this Work; and so it hath been agreed by the Judges, Mich. 21 Jac. Dalt. J.P. c. 50. f. 105.

He that keepeth a Plough, or Draught for Car­riage, although he occupieth little or no Land, [...]ut carrieth or plougheth for other Men, yet it seems he is to send his Cart to the High-ways; 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 [...]o manage them, Vide Dalt J.P. c. 50. ibid.

It is held by some, that so many Ploughs or [...]aughts 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 [...]f a Man have one Plough and five or six Horses, and shall Plough seven or eight score Acres of [...]and, and shall usually go in the Summer time [Page 146] with two Carts or Draughts; in this case it seems he is to 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, Dalt. J.P. c. 50. f. 105.

These Officers may, if they see cause, for the amendment of the High-ways, take and carry away so much of the Rubbish, and smallest broken Stones already digged, of any Mans 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 breadth, c [...] length, and they are to take care that the place [...] be filled up again at the charge of the Parish within one month after, upon pain to forfei [...] five Marks to the Owner of the Ground, to be [...] recovered by Action of Debt; and this by th [...] 5 El. c. 13.

CHAP. III. The Surveyors Duty about cutting down Bushes, Trees, and scouring of Ditches in the High-ways; and also touching Presentments and Inquiries about Defaults, passing of Accounts, Travelling of Wagons, Wains, &c.

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, Wingates Abr. Stat. Tit. High-ways, 5 El. c. 13. 18 El. c. 10.

And he that scours not his Ditches in the Ground next adjoyning to the Ground that is next the High-ways, to the end the Water may have the better passage out of the High-ways, shall forfeit 12 pence for every Rod so left un­scoured, 18 E. c 10. Wingate, ut supra.

If any scour his Ditch by the High-way side, and throw the scouring thereof into the High-way, and suffer it to lie there six months, he for­feits for 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 High-way, 18 El. c. 10.

Every Surveyor may cause any Water-course, or Spring of Water 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. c. 50. f. 103.

[Page 148]Note, That the Forfeitures of the Act of the 18 El. c. 10. must be levied by the Surveyors for the time being, (by Warrant from the [...]ustice [...] before whom the Party shall be convict) by Di­stress and Sale of Goods; which Forfeitures are to be employed 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. c. 10. Wingates Ab [...]. Stat. Tit. High-ways.

The Surveyors, or one of them, are to pre­sent to the next Justice of Peace every Default upon the 2 & 3 P. & M. c. 8. & 5 El. c. 14. with­in one month after it shall be made, on pain o [...] 40 s. and the Justice is on 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. c. 13.

That the Presentment of a Justice of Peace in Sessions, upon his own Knowledge shall be [...] good Conviction, whereupon the Justices in Se [...] sions, or any two of them (Quor. unus) may asses [...] a Fine, as well as upon a Verdict of twelve Me [...] but in this case the Delinquent shall be admitted to his Traverse, as in other Cases, 5 El. c. 13 vide Rastal. 199.

The Defaults and Offences upon these Statute 2 & 3 P. & M. 5 El. & 18 El. are inquitable by the Justices of Peace in their Sessions, or by Stewards in Leets, either of which have powe [...] to set Fines upon Offenders at their discretions; of which Fines, indented Estreats ( [...] the Sessions under the Hand and Seal of th [...] [Page 149] 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 Estreat to the Bailiff 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. c. 8. 5 El. c. 13. 18 El. c. 10. Wingates Abr. Stat. Tit. High-ways.

And these Estreats shall be a sufficient War­rant for the Bailiff, 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 [...]awful demand thereof, he or they shall forfeit double so much; all which Fines and Forfei­tures are to be employed, and bestowed towards the amendment of the High-ways in the Parish where the Offences are committed, Wingates Abr. Stat. Tit. High-ways, 2 & 3 P. & M. c. 8.

The Bailiff, or High Constable, shall yearly be­twixt the first of March, and last of April, render [...]o Account unto the Constables and Church­wardens, who have the other parts of the Estreats of the Fines, of what Mony they have received, on pain of 40 s. and the said Consta­bles and Churchwardens have power to call the [...]ailiff or High Constable before two or more [...]ustices 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, [...]od 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 [...]e same power as their Predecessors had, 2 & 3 [...]. & M. c. 8.

[Page 150]Two Justices of the Peace by the Stat. 18 El. may take Accounts of the Surveyors of the Ways, and the Petty Constables and Church­wardens, for such Forfeitures (within that Statute) as they have levied, 18 El. c. 10 Dalt. J.P. c. 50. f. 103.

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.

Stat. 39 El. c. 10. for repairing the High-ways in the Wild of Sussex, Surry and Kent, used for Iron Works. Stat. 37 H 8. c. 3. For Huntingto [...] Lane near to Chester. Stat. 14 H 8. c. 6. & 26 H. 8. c. 7. For laying out new High-ways in the Wild of Kent or Sussex. Stat. 1 P. & M. 2. c. 5. for the Causway between Dorchester and Sherborn. Stat. 18 El. c. 10. about the Kings Ferry in Kent.

CHAP. IV. Some Heads of the Stat. 22 & 23 Car. 2. c. 17. concerning the Ways, Sewers, Pavements, &c. in London, and the Scavengers Office.

BY the Stat. of 22 & 23 Car. 2. A Clause so a late Act of Parliament, Entituled, A [...] Act for Rebuilding the City of London; wherein was Enacted, That the Numbers and Places for Common Sewers, Drains and Vaults, and the manner of Paving and Pitching Streets and Lanes in the said City and Liberties, should be set ou [...] by Persons appointed by the Mayor, Aldermen, [Page 151] and Common Council, or seven or more of them, together with the Surveyors, or one of them within the Precincts respectively, which Per­sons, or seven, or more of them were impowred to impose Taxes upon Houses in proportion to the benefit they receive thereby, and to levy the same by Distress and Sale of Goods, is made perpetual, together with the Powers thereby given and appointed to be executed: And the sole Powers of ordering and regula­ting the keeping clear, pitching and paving the Streets, Lanes and Passages, with the manner thereof, and of making and cleansing Drains and Sewers in London, is to remain in the Mayor, Commonalty, and Citizens, to be executed by such as the Mayor, Aldermen and Commons in Common Council shall appoint, or seven or more of them being all Members of the said Court. And Persons imployed in any of the said Works, are enjoyned to observe the Di­rections of the Persons in that behalf authorized, 22 & 23 Car. 2. c. 17.

Offenders may be proceeded against by In­dictment at the next Sessions of the Peace, in the said City and Liberties, unless they submit­ted to the Censure of the Persons so authori­zed, or any seven or more of them, and pay the Mulct by them imposed to the Cham­ber of London, to be imployed towards the Works in this Act mentioned, 22 & 23 Car. 2. c. 17.

The Persons so authorized may impose Taxes on the several Wards and Precincts, and direct Precepts to the respective Deputies and Com­mon Council Men to assess the same, and like Precepts to Scavengers to collect the same: And [Page 152] where any Church or Churchyard shall front or adjoyn to any of the said Streets, Lanes or Pas­sages, they may assess a reasonable proportion upon the Parish to be paid by the Churchwar­dens, of which Assessments the Deputies and Common Council Men shall return Duplicates with the Scavengers Names, within twenty days after receipt of the Precepts. And in default of the said Deputies, and Common Council Men the said Persons to be authorized may rate the said Assessments. And in default of payment within six days after demand, the Scavengers may levy the same by distress and sale of Goods, rendring the overplus, besides the reasonable Charge of distraining: And the Mony so col­lected shall be paid into the Chamber of London, not to be issued thence, but by order of the said Persons so to be appointed, or seven or more of them, 22 & 23 Car. 2. c. 17.

Inhabitants aggrieved through defect or decay of Pavements, or want of cleansing the Streets, &c. shall upon proof that such grievance is un­reformed, receive directions from the Persons so to be authorized, or seven or more of them, for redressing the same, and a Warrant under their Hands and Seals to the Chamberlain of London to issue Monies for defraying the Charge thereof, together with any Sum not exceeding ten shillings for encouragement of his or their Diligence, who upon receipt of such Warrant shall pay the same accordingly: And Persons aggrieved by any Charge imposed by virtue of this Act, within five days after demand there­of, may appeal to the Mayor and Court of Al­dermen, whose Order therein shall be final, 22 & 23 Car. 2. c. 17.

[Page 153]The Mayor, Aldermen and Commons in Com­mon Council may set out and purchase Ground for Laystals, and places for publick Stores, for receipt of Dirt and Rubbish carried out of the City, and for other Materials and Commodities. The Mony for the same to be paid out of the Monies arising by the Imposition upon Coals ap­pointed for publick Uses of the City, other than the Mony appointed for Building Churches, 22 & 23 Car. 2. c. 17.

No Persons by this Act made liable to be rated towards the altering, mending, or clean­sing the said Vaults, Sewers, &c. or cleansing, &c. Streets, Lanes, &c. shall be otherwise charged or liable thereunto, 22 & 23 Car. 2. c. 17.

CHAP. V. Some Heads of the 2 of W. and M. for Paving and Cleansing the Streets in the Cities of London and Westminster, Suburbs and Liberties there­of, the Out-Parishes in the County of Middlesex, the Borough of Southwark, and other Places within the Weekly Bills of Mortality, in the County of Surrey.

EVery Inhabitant inhabiting in the said Parishes, and in the Town of Kensington, shall twice every Week sweep before their Houses and Buildings, and take up the Dirt ready for the Scavenger, or other Officer, or else for every Offence or Neglect, forfeit 3 s. 4 d.

[Page 154]If any throw, or permit to be thrown, Ashes, Filth, or Annoyance before his House, Build­ing or Wall, shall forfeit 5 s. If before any Church, Church-yard, or publick Buildings, or into any Sink, or Way, publick or private; but shall keep it in their Houses and Yards, un­til, the Officers come to carry it away, or else forfeit 20 s.

Churchwardens, House-keepers of White-hall, or other the Kings Houses, or of Noblemens Houses, shall be subject to like Penalty; so shall Ushers of Courts, and Porters, and Keepers of other publick Buildings.

Scavengers and Officers shall come every day (except Sundays and Holidays) and give no­tice that the Parties concerned may bring out their Dust, &c. or forfeit 40 s. for every neglect.

Every Housholder shall pave, and keep re­paired the Streets before their Houses and Ground unto the Channel, or else forfeit for every Rod 20 s. and 20 s. every Week until at shall be sufficiently repaired.

Where new Streets and Ways are made, which the Justices of Peace in their General Quarter-Sessions shall think f [...] and convenient to be paved with Stone or Gravel, and shall order the same to be done before every dwel­ling House or Building in such Street or Way; Every Person neglecting, shall forfeit forty shillings for every such Offence, for every Perch, and after that rate, for a greater of lesser quantity, and the like Sum for every Week till the same be paved and amended.

Where Streets, Lanes or Allies have been by Custom otherwise repaired, it shall be done [Page 155] by such Persons as are by Custom to do it, under the Penalties aforesaid.

Upon Monday or Tuesday in Easter Week, The Constables, Churchwardens, Overseers and Surveyors giving notice, and calling such Inha­bitants that have served that Office, shall chuse two Tradesmen to be Scavengers; who being allowed under the Hand of any two Justices, shall within seven days take the Office, or pay 10 l. and within seven days after such refusal, they shall in like manner chuse another, who shall accept, or pay 10 l. which Penalties to be le­vied by Distress and Sale, and for want of Di­stress or Payment within six days after notice at his House, to be sent to the Goal until pay­ment. Within twenty days after such Election, the Constables, &c. shall call such Inhabitants as have born the like Office, and make a Tax by a Pound Rate, which being confirmed by two Justices, shall be quarterly paid upon de­mand made by the Scavengers, or other Officers appointed to gather the same, and being refused, shall by Warrant of two Justices be levied by Distress and Sale, and for want of Distress, by Imprisonment of the Offender until payment. The Scavengers are to account for the Mony by them Collected, to two Justices of the Peace, within twenty eight days after new Scavengers are Elected, and to pay what Mony remains in their Hands to the new Scavengers.

The Scavengers and Rakers for any of the said Parishes shall have liberty, by the Order of the Justices in the Petty-Sessions, or any two of them, to lodge their Soil in such va­cant places near the Streets or High-ways, a [...] shall be thought convenient by the said Justices, [Page 156] for the accommodation of the Country Cart [...] returning empty from the said Parishes, they giving satisfaction to the Owners of such vacant places, and in case of unreasonable Demands, the Justices in their Petty Sessions may hear and moderate the same. If any Persons find them­selves aggrieved with the Rates made by virtue of this Act, or any ways prejudiced by the determination of the Justices in their Petty-Ses­sions, they may have recourse to the Justices at their General Quarter Sessions of the Peace.

And whereas there are many Common High-ways within the said Parishes, which cannot be sufficiently repaired by means of the Laws now in force, an Assessment may be made upon all the Inhabitants, Owners and Occupiers of Lands and Houses, or personal Estate usually ratable to the Poor within any of the said Parishes, to be collected by such Persons as the Justices shall appoint at their General Quarter-Sessions, the Mony so collected, to be employed as the Justices shall direct towards repairing the said High-ways.

No such Rate shall exceed four pence in the Pound, in any one year, in the yearly value of Lands, Houses or Tenements, nor of eight pence for every twenty pounds in personal Estate.

No Person or Persons whatsoever, shall suffer his Waggon, Cart or Car to stand in the Hay­market near Pickadilly in the Parish of St. Mar­tin in the Fields, St. James within the Liberty of Westminster, Borough of Southwark, or any other place in the Parishes within the Weekly Bills of Mortality, loaden with Hay or Straw, to sell the same from Michaelmas to Lady-day, after two of the Clock in the Afternoon, and [Page 157] from Lady-day to Michaelmas, after one in the Afternoon, on pain to forfeit five shillings for every Offence and Neglect.

The Owners and Proprietors of any Cart, Car or Dray, the Wheels whereof shall not be made six Inches in the breadth, or shall be shod with Iron, or be drawn with above two Horses, shall forfeit forty shillings for every time such Cart, Car or Dray shall be used, for the uses; and to be levied as aforesaid: This shall not ex­tend to any Country Cart or Waggon that shall bring any Goods to the Cities or Places afore­said, or shall carry any Goods half a Mile be­yond the paved Streets of the said Cities and Places.

One Justice of Peace upon View or Confessi­on, or Oath of one Witness, may convict any of the Offences aforesaid, If Conviction be up­on proof, one Moiety to the Overseers of the Poor, for the Relief of the Poor of the Place where the Offence was committed, the other Moiety to him that shall discover and prosecute the same. But if the Conviction shall be by the View, then one half to the Poor, the other towards repairing and cleansing the Streets, to be paid to the Scavengers of the Place, to be levied by the Justices Warrant under Hand and Seal, to the Constable, by Distress and Sale, or for want of Distress or Payment within six days after notice at the House, to be sent to Goal without Bail, u [...] payment.

No Person (within the Cities of London and Westminster, and Liberties of the same, Borough of Southwark, and Parishes aforesaid) shall breed, feed or keep any Swine in any Houses or Backsides of the paved Streets where the [Page 158] Houses are contiguous, on pain to forfeit the same to the Churchwardens and Overseers of the Poor of the Parish where such Swine shall be kept, to the use of the Poor.

The Churchwardens, Chappel-wardens, Over­seers of the Poor, Constables, Beadles, Head­boroughs or Tythingmen of any the Parishes in the said Cities and Places respectively, in the day-time, with a Warrant under the Hand and Seal of the Lord Mayor, or any other of their Majesties Justices of the Peace, may search for such Swine, and if any be found, they may seize and carry them away, and sell them for the best price that can be had, and distribute the Mony to the Poor of the Parish where they were seized.

CHAP. VI. Several Cases about the Repairs of Bridges, with the Names of the Statutes which concern parti­cular Bridges.

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 fort 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 [Page 159] 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 Sum of Mony as by their Discretions they shall think convenient, as well 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 Bridges, 22 H. 8. c. 5. Dalt. J.P. c. 16. f. 44. Co. 2 part, Inst. f. 701, 702.

But Note, Where the Franchise, City or Bo­rough 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 Remedy as they were be­fore the making of the Statute of 22 H. 8. Co. 2 part, Inst. f. 702.

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 two might be distrained upon for the whole, Co. 2 part, Inst. f. 704.

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 [Page 160] for every Hundred, and sealed with their Seals, Co. 2 part, Inst. fol. 704. Dalt. J.P. c. 16. ibid.

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. c. 16. f. ibid. 22 H. 8. c. 5. Co. 2 part, Inst f. 705.

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. c. 16. ibid. 22 H. 8. c. 5.

And the said Collectors and Surveyors, and their Executors and Administrators, and 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 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 S [...]ssions of the Peace, and the said Justices may allow such reasonable Costs and Charge to the Surveyors and Collectors upon their Accounts, as to them shall seem convenient, 22. H. 8. c. 5. Dalt. J. P. c. 16. ibid.

[Page 161]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 Bridges lie 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 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. c. 5. Co. 2 part, Inst. fol. 207. Dalt. J.P. c. 16. fol. 45.

But otherwise no Village or Freeman shall be compelled to make any Bridge; but such as of old time, and by right they were wont to make, Magna Charta, c. 15.

By the Common Law, some Persons were [...]ound to repair Bridges, Ratione tenurae su [...] Ter­ [...]ram, &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 [...]ight to repair the same, 44 El. 3. 31. 21 E. 4. [...]6. 5 H. 7. 3. Crompt. 186. 8 H. 7. 5. b. Co. 2 part, [...]. [...]. f. 700.

If a Man which holdeth 100 Acres of Land, [...]ught to repair a Bridge by tenure of the same, [...] allen 20 Acres thereof to one Man, and 10 [...]cres to another Man, in such case every Owner [...] Occupier of such Lands must be charged [...]roportionably for their said Lands, Regist. 268. o. [...]. N. B. 235. b. Co. 2 part, Inst. f. 700.

Again, Some by the Common Law were bound [...]y prescription to repair a Bridge; but herein [...]here is a diversity between Bodies Politick or [Page 162] 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 Succession, 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. fol. 38. b. 27 Ass. 8. Crompt. 187. Co. 2 part, f. 700. Dalt. J.P. c. 16. f 45.

By Common Right, Bridges are to be amend­ed by the whole County, if it be not known who ought to do the same otherwise, Pasch. 19 E. 3. 28, 29. Co. 2 part, Inst. f. 701. Crompt. 186. b. Tr. 10 Car. 1. the Case of Longford Bridge, Rolls Cases 1 part, f. 368. & Cro. Rep. 3 part, the same Case.

If a Man erect a Mill for his own particular Profit, and cut a new Course for the Water 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 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 Prior of Stratford, Rolls Cases, 1 part, f. 368.

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 (thoug [...] the Soil be to another) and if the ends be broke [...] [Page 163] by the Water-course, he must follow the Wa­ter-course, and repair the Way, &c. Crompt. 186. b. 43 Ass. Dalt. J.P. c. 16. f. 46.

The Names of some Statutes for particular Bridges follow, 8 H. 6. c. 28. For the making of Burford and Culhamford Bridge. 18 E. 1. c. 7. & 27 E. c. 25. For the maintenance of Rochester Bridge. 18 El. c. 20. For repair of the Bridges within a Mile of Oxford. 23 El. c. 11. For the maintenance of the Bridges over Tosse in Wales. 39 El. c. 23. For making and repairing of New­port and Carlion Bridges over the River Usk. 39 El. c. 24. For building and maintenance of a Bridge at Wilton upon Wy, near Ross, in Hereford­shire. 43 El. c. 16. For erecting and repairing Edon and Presberk Bridges in Cumberland. 3 Jac. c. 23. For making and repairing Chepstow Bridge.

By the Stat. 22 Car. 2 c. 12. It is Enacted, That the Surveyors and Orderers of the Work, of amendment of the High-ways, shall be year­ly chosen in Christmas Week, according to the Stat. 2 & 3 P. & M. c. 8. Which Persons so chosen, shall take upon them that Office, and shall appoint six days for providing Stones, Gra­vel, and other Materials, and for working in the High-ways, having respect to the Season of the Year and Weather, and giving notice publickly some convenient time before the several days. At which day all Persons liable to the said Work, shall attend and work: And the said Surveyors and Orderers shall make return of the Defaulters, and every of them within one Month, to some neighbouring Justice of the Peace of the same County.