LAW-TRACTS.

BY JOSEPH RITSON, OF GRAYS INN, BARRISTER.

ET IN ARCADIA EGO.

LONDON: M DCC XCIV.

CONTENTS.

  • I. THE OFFICE OF CONSTABLE.
  • II. THE JURISDICTION OF THE COURT LEET.
  • III. A DIGEST OF THE PROCEEDINGS OF THE COURT LEET OF THE MANOR AND LIBERTY OF THE SAVOY.
THE OFFICE OF CONSTA …

THE OFFICE OF CONSTABLE: BEING AN ENTIRELY NEW COMPENDIUM OF THE LAW CONCERNING THAT ANCIENT MINISTER FOR THE CONSERVATION OF THE PEACE.

CAREFULLY COMPILED FROM THE BEST AUTHORITIES.

WITH A PREFACE; AND AN INTRODUCTION, CONTAINING SOME ACCOUNT OF THE ORIGIN AND ANTIQUITY OF THE OFFICE.

LONDON: PRINTED FOR WHIELDON AND BUTTERWORTH, FLEET-STREET.

M.DCC.XCI.

PREFACE.

A SINCERE wish to benefit the com­munity, by furnishing its most ancient, most constitutional, and most useful officer with a compendious system or manual of his duty and powers, carefully extracted from, and upon an actual perusal of the best autho­rities, has produced the following sheets,—a mere epitome, in fact, of the original com­pilation. But the utility of the measure seemed, upon second thoughts, to be more favoured by a pamphlet, affording the fullest information in the narrowest compass, than by a volume, which the verbose prolixity of mo­dern statutes, vying, as it were, with each other in conveying the simplest regulation in the most embarrassing manner, and greatest possible number of words, would have ex­tended to a size and price little calculated to invite the class of readers for whom it was principally intended. The decision, therefor, was in favour of the briefest summary; such a one as men who have little money, leisure, or capacity (one or other, or, indeed, all of [Page iv]which are, unfortunately, too often met with in the composition of a modern constable) might buy, read, and, if possible, understand*. The language, however, is generally that of the authority quoted; and the books referred to (which it may be occasionally necessary to consult) are to be found in many booksellers shops, and in the libraries of the four law so­cieties: few barristers, at the same time, are without all or most of them; and some jus­tices of peace, it is presumed, may possess "The Statutes at Large." It is undoubtedly a serious consideration, that the persons and property of almost all but professional men should be subjected to laws which they are totally ignorant of, and do not even know where to find, or how, unless by dear-bought and fatal experience, to get acquainted with; and of which the mere study is sufficient em­ployment for the best part, if not the whole, of a long life. These "Statutes at Large," which, while they preserve many acts that are [Page v]not, and many more that ought not to be, in force, do not contain above half the number that are actually so*, are comprised in no less [Page vi]than sixteen closely printed quarto volumes; the Common Law is dispersed through near two hundred folios, exclusive of every other size, many of which exist only in a barbarous gibberish peculiar to the profession*: even a very imperfect abridgement of it filling no less than twenty-four. This, however, is a com­plaint which has been so frequently and so in­effectually made†, that one must have pa­tience [Page vii]till the mischief, every day increasing, shall remedy itself; till, in short, "there is A DROP TOO MUCH."

Sir William Blackstone observes that, con­sidering what manner of men are for the most part out into the office of constable, it is per­haps very well that they are generally kept in ignorance of the extent of their powers*; an observation to which it may be readily con­ceived, the compiler of the following Digest does not subscribe. In fact, he has ever re­garded it as equally sarcastic, illiberal, and unbecoming; and only to be accounted for by the professional character and habits of the writer; who, doubtless, thought that law, like religion, being a mystery, the scriptures should in both cases be locked up in an unknown lan­guage or unintelligible jargon †; that the pro­fane ought to know no more than the initiated may think fit to communicate; and that, in short, the most ignorant are the most trac­table, and consequently the fittest for good Christians and good subjects. If the powers which the law has vested in the constable be so large, that it is even dangerous he should know them, why were they given him? why [Page viii]are they not taken away? why is he to be punished for neglecting duties of which it is best he should be ignorant? Would it not be full as well, considering what manner of men are for the most part put into the office of justice of peace, if they too were to be kept in ignorance of the extent of their powers? This, indeed, it may be, is already the case; though they do not on that account seem the less inclined to abuse them. But wherefor is it that such "manner of men" are put into the Office of Constable? Because upward of a hundred acts of parliament, which few ever see, and still fewer comprehend*, added to the arbitrary and capricious decisions of some courts, and the ignorance and innovation of others, have redered it so burthensome, ser­vile, vexatious, and expensive, that they who possess or usurp the power of filling it, select [Page ix]those who have nothing to recommend them but the willingness with which they receive the yoke, and the patience with which they bear it. The reason given for this partiality is, that no GENTLEMAN can accept such an office; poverty, both in purse and in spirit, being looked upon as the proper qualification for a consta­ble. These same GENTLEMEN, it should seem, are high-mettled horses, who would kick and wince, and play the devil, in short, if you at­tempted to put them in the shafts; the VUL­GAR are asses, who tamely submit to every in­dignity. But, gentleman or no gentleman, he who can best afford to lose his time and mo­ney, who has spirit and ability to sustain fa­tigue, and resolution to oppose insult and op­pression, is the fittest person to discharge the Office of Constable. To confer it, from what­ever motive, upon people of base or inferior condition, was long ago reprobated by lord Bacon as "a mere abuse or degenerating from the first institution*." And, certainly, the ne­cessity of a man who depends upon his daily employment for the daily bread of himself and his family, and whose time is of course the most precious, ought to be a sufficient excuse in any court of justice why he should not be [Page x]compelled to serve this office; only it would probably cost him more to obtain the deter­mination than he can value his time at. It is, doubtless, a very scandalous insinuation that justices of peace, who have some how or other acquired the power of making constables, se­lect the meanest and most ignorant by way of magnifying their own wisdom and conse­quence; gems, it is well known, which re­quire no foil to increase their lustre.

It is, by no means, a less abuse, when a person every way fit for the office is pitched upon, to admit in his stead any worthless fellow that he can procure, base enough to serve the duty for a few guineas. What integrity or pro­priety of conduct can be expected from one whose necessity renders every shilling that is offered him an irresistible temptation? The great Shakspeare has satirised this practice with admirable pleasantry, in his play of Mea­sure for Measure, where he introduces the character of a foolish substitute bringing a charge before one of the dukes deputies:

Escalus. Come hither to me, master Elbow; come hither, master constable. How long have you been in this place of constable?

Elbow. Seven years and a half, sir.

Esca. I thought, by your readiness in the office, you [Page xi]had continued in it some time.—Alas! it hath been great pains to you! they do you wrong to put you so oft upon it. Are there not men in your ward sufficient to serve it.

Elbow. Faith, sir, few of any wit in such matters: as they are chosen, they are glad to choose me for them; I do it for some piece of money, and go through with all*.

If the preservation of peace and good order be the interest of society, the legislature would essentially contribute to that end in extending more effectual protection and encouragement to the constable. This would be done by causing all the laws which authorise or oblige him to do particular acts, or any way concern the execution of his office, to be reduced into a single statute, conceived in plain intelli­gible language†; and by requiring every court, at the election of a constable, to put a [Page xii]copy of it into his hands: in order that, hav­ing his power and duty constantly under his eye, he might be without excuse in neglecting the one, and without danger in exercising the other. If it be true that every man who serves the public ought to be paid by the public, it is most unreasonable and unjust that a duty should be imposed upon any one, which, if attended to as it ought to be, would demand the greatest part of his time, not only without making him the slightest recompence, but even obliging him to be at (what is to him) a considerable expence; for even the mere "consumption of time, to him who lives by the sale of his time, is equivalent to expence." Suppose, therefor, that every person duly elect­ed a constable were, during his continuance in office, not exceeding one year, exempt from all taxes and impositions; parliamentary, or lo­cal; and, in case of actions against him touch­ing his office (the dread of which is one great obstacle to its due execution) should be al­lowed to defend, not in forma pauperis, but some really unexpensive mode* This, if not an [Page xiii]adequate compensation, would be a great re­lief, and in some cases, at least, an indemnity, to persons serving the office, would induce them to accept it with cheerfulness, and ex­ecute it with spirit, conscious that in so doing they were benefiting society without injuring themselves*. One cannot, however, have the satisfaction to think, that a suggestion so ad­vantageous both to the community and to the individual, stands the least chance of ever passing into a law. If, indeed, the proposal were for a productive tax upon constables, or for the purpose of making bad worse, or of heaping oppression upon the oppressed, there would be little fear of its being adopted. This, therefor, is another of those self-re­forming grievances which must be patiently suffered to attain their worst state.

To conclude: If the following pages prove at all instrumental toward making a single constable more active, confident, and secure in the discharge of such of the powers and duties of his office as are any way beneficial to society, (for the less he attends to the others [Page xiv]the better,) the compiler will have reason to flatter himself that his efforts, though humble, have not been useless,

ERRATA.

  • p. xxii. for ordnance, read ordinance.
  • p. 4. for 1 Mod. 42. read 6 Mod. 42.
  • for Freeman, 256. read, 12 Mod. 256.
  • p. 5. after Styles, 362. add Barnard, 51.
  • after (Noy, 112.) add Mar. 30.
  • p. 6. for (Mod. 13.) read (1 Mod, 13.)
  • p. 26. for Freeman, 256. read 12 Mod. 256.
  • p. 27. for 20 and 30, read 30 and 40.
  • p. 32. for Forster, read Foster.
  • p. 43. for eu [...]yre, read eu'rye.

INTRODUCTION.

§ 1. THE origin of the word CONSTABLE, which some etymologists have errone­ously sought for in the Saxon language(1), is un­doubtedly to be found in the Comes Stabuli of the Eastern empire: hence the constabularius, constabu­lus, &c. of barbarous Latinity; the connestable of the French; the conestabile of the Italians, &(2) This comes stabuli was at first, as his title imports, no more than prefect or superintendant of the imperial stables, or, in other words, the emperors master of the horse; but having, in process of time, obtained the command of the army, his name, corrupted into constabulus and constabularius, began to signify a commander; and, with this signification, appears to have been introduced into England at the Norman Conquest, or, perhaps, sooner; since, in fact, some such officer seems to have been already known un­der the title of Stallarius.

§ 2. THE CONSTABLE (or LORD HIGH CON­STABLE) OF ENGLAND was an officer of the highest dignity and importance in the realm. He was the leader of the kings armies; and had the cogni­zance of all contracts and other matters touching [Page xvi]arms or war(3). This office, which appears to have been granted by William the Conqueror to Walter earl of Gloucester, or, according to others, to William Fitzosbern, or Roger de Mortimer, be­came, afterward, hereditary in two different families, as annexed to the earldom of Hereford; and, in that right, after a lapse of near two centuries, (several persons enjoying the title and authority in the mean time) was revived, by judgement of law, in the per­son of Edward Stafford duke of Buckingham; but Henry VIII. thinking the office too high and dan­gerous for the hands of a subject, took the first op­portunity of putting an end to it by cutting off his head. Since this period, there has been no lord high constable, except pro hac vice, as Robert earl of Lindsey was appointed in 1631 to determine the appeal of lord Rea against Ramsey, and as some person or other is created at the coronation of a king or queen.

§ 3. We had also CONSTABLES OF CASTLES, that is, keepers or governors, so called, of the castles of the king or great barons, whom the French term châtellains, from the Latin castellani, and who were frequently hereditary, and by feudal tenure; such were the constable of the tower, the constable of London, or Baynards-castle, the constables of the castles of Dover, Windsor, Chester, Flint, &c. some of which offices, though not now hereditary, are re­maining to this day. These are the constables in­tended in Magna Charta, cc. 17. 20. and who, in the statute of Westminster the first (3 E. 1. c. 15.) [Page xvii]are called constables of sees, and there considered as keepers of prisons; a constituent part, indeed, of all ancient castles. Lord Coke observes that be­fore Magna Charta these constables of castles had the like authority within their precincts as the sheriff had within his bailiwick, and commonly sealed with their portraiture on horseback (4). The statute of 5 H. 4. c. 10. which recites that, by colour of their commissions as justices of the peace, they took peo­ple to whom they bore evil will, and imprisoned them in their castles till they made fine and ransom for their deliverance, and ordains that none be im­prisoned but in the common jail, seems to have put an end to a race of tyrants so odious to the people as to be usually represented in romances under the character of monstrous giants, who, not content with the property, would eat the flesh, drink the blood, and grind the bones of the unwary and un­fortunate traveler.

§ 4. There was likewise formerly a CONSTABLE OF THE EXCHEQUER; of whom we may read in the Dialogus Scaccarii, l. 1. c. 5. in the statute De Districtione Scaccarii (51 H. 3. st. 5.) in Fleta, l. 2. c. 31. and in Madox's History of that Court, p. 724, &c. We also find mention made in some old sta­tutes of THE CONSTABLE OF THE STAPLE. See 27 E. 3. c. 8. 15 R. 2. c. 9. 23 H. 8. c. 6.

§ 5. We now come to THE CONSTABLE OF THE HUNDRED, OR HIGH, CHIEF, OR HEAD CON­STABLE (as he is otherwise called) of whom we shall have a little more to say. By the statute of [Page xviii]Wynton, or Winchester (13 E. 1.) c. 6. it is or­dained, that in every hundred or franchise there shall be chosen two constables to make the view of ar­mour, as directed in the preceding part of the chap­ter; and that the constables aforesaid shall present before the justices assigned the defaults of armour and of the suits of towns and of highways; and shall also present those who harbour strangers in up­land towns for whom they will not answer. They are likewise to present sheriffs or bailiffs who do not follow the cry of the county.

It is agreed by Mr. Lamberd(5), by sir Edward Coke(6), and by sir Matthew Hale(7), that con­stables of the hundred were first introduced by this statute. And though Fitzherbert(8), and Crompton after him(9), have asserted that they were conser­vators of the peace at the Common Law; and though it is said in other books that "notwithstanding the opinions to the contrary," the high constable was an officer at the Common Law, and that the statute of Wynton only enlarged his authority(10), yet no one has hitherto produced the least evidence in support of such assertion. On the other hand, beside the au­thority of Coke and Hale, it has been expressly held from the Bench, that a high constable is not such an officer, nor conservator of the peace, whereof the [Page xix]Common Law takes any notice; that he is not men­tioned in any book; and that, in fine, he is only by custom and for conformity(11). It must be con­fessed, that the first mention made of the high con­stable in any statute subsequent to that already cited, is by 4 E. 4. c. 1.(12) And though sir William Blackstone has, in one place, attempted to carry up his antiquity as high as king Henry II.(13) he, in an­other, expressly mentions him to have been first or­dained by the statute of Winchester(14). After all, however, nothing can be more certain than that the constable of the hundred, or high constable, whether he be allowed an officer at the Common Law or not, was instituted long before that statute. This curious fact is ascertained by a writ or mandate of the 36th year of king Henry III. preserved in the Adversaria to Wats's edition of Matthew Paris, and from which chapters 4. and 6. of the statute of Wynton are evidently taken, though it has hitherto escaped the notice of every writer or speaker upon the subject. By this writ it is provided, that in every hundred there should be constituted a CHIEF [Page xx]CONSTABLE, at whose mandate all those of his hun­dred sworn to arms [i. e. to have such arms, accord­ing to the quantity of their lands or chattels, as there directed] should assemble and be observant to him for the doing of those things which belong to the conservation of the kings peace(15). No men­tion, it is believed, of this officer can be any where found prior to the date of this instrument; which, however, it may be contended, no more determines the question as to his original creation, than the sta­tute of Wynton appeared to do; the language in both cases being imperative, and the only difference consisting in the word eleus (chosen) for constituatur (constituted). Be this as it will, the discovery ought at least to teach not antiquaries alone, but even lawyers and judges to look a little into matter of record, and trust less to opinion, which ought no more to be law upon the Bench than it is off it.

§ 6. The CONSTABLE OF THE VILL (or PETTY CONSTABLE, as, to distinguish him from the con­stable of the hundred, he is frequently called) has been repeatedly acknowleged by the law to be "one of the most ancient officers in the realm for the conservation of the peace(16)," and is declared by lord Coke to be as ancient as torns or leets be, and not to have begun about the beginning of E. 3. as some have supposed(17). It must be confessed, [Page xxi]however, that no mention of him, by this identical name, is any where found to occur anterior to the writ or mandate, already mentioned, of king Hen­ry III. whereby it is provided, that in every villate or township there should be constituted a constable or two, according to the number of the inhabitants(18). It is, nevertheless, pretty certain, that lord Cokes idea is right, and that this officer is actually owing to the institution of the frankpledge, usually attri­buted to king Alfred, and was in fact originally the senior or chief pledge of the tithing or decenna. In support of this position we may observe, that the constable (or an officer resembling him) is, in many places, at this very day, called the headborough, tith­ingman, or borsholder; all names belonging to the chief pledge, and to be found in numerous statutes in company with and as synonimous to constable (19); [Page xxii]that the statute of 2 E. 3. c. 3. in which the name of this constable first occurs, the words are "BURGH-ALDRES, CONESTABLES, et gardeins de la pees;" and, lastly, that in the stat. of 20 H. 6. c. 14. the "CONSTABLES, TITHINGMEN, and CHIEF PLEDGES of every town, are required to aid the venders of goods in disputes with the kings purveyors." It was therefor rightly adjudged in B. R. 23 C. 2. that "decennarius, prima facie, is the same with a con­stable, and differed little in the execution of that office;" though Hale (who has elsewhere told us all he knew about the matter) said he was not the same officer(20). It therefor follows, that the above ord­nance [Page xxiii]of Hen. III. far from instituting the office, merely enlarged the number of officers, placing them in towns and villages, instead of franchises; since it might frequently happen, that a manor of great ex­tent had only a single constable for several town­ships; a case exactly similar, indeed, sometimes oc­curring at this day, where a township, comprehend­ing several hamlets, equally populous it may be with itself, has only one constable for the whole(21). We find the constable beginning to be familiarly known by that name in the time of king Edward I. though [Page xxiv]it is not a little extraordinary that (not to mention Bracton, who wrote toward the end of the reign of Henry III.) there should not be a word about him in either Britton(22) or the Mirror, and that he should be only incidentally named by the author of Fleta (23) who has express chapters on the different and most inferior ministers of the law in his time. In certain articles of inquiry at the Eyre, perhaps, or Trailbaston, certainly in the time of Edward I.(24) are the following items:

  • De ceus ke sunt CONESTABLES DE VILLS ou baylifs le roy, ke unt lor garsouns ovek eus de atacher les felouns, e il les fount garnir avant par quey lez comandemens le roy ne peussent estre tenuz en nul poynt (25).
  • De ceus ke desturbent les CONESTABLES DE VILLS ou bailifs, ou autre ministre, kil ne poent lor office fere [Page xxv]come il sunt charget per le roy pur la pes de sa terre garder (26).

He seems also to be meant by the two following chapters of the Eyre, as given in Fleta, l. 1 c. 20. §§ 126. 133.

De vic' CONSTABULARIIS vel aliis qui retonsores ceperint, vel attachiaverint cum retonsura cruda vel cum platis seisitos, & qui pro mercede eos deliberaverint & attachiamentum illud concelaverint. (27).

De vic' CONSTEBULAR' & ballivis quibuscunque qui mercedem ceperint per sic, quod pacerent & fingerent attachiare suspectos, vel qui eos attachiaverint, sive Christianos sive Judaeos, pro levi suspitione, quos non in­venerint seisitos cum retonsura, & ipsos pro mercede de­liberaverint (28).

Several of these charges or articles of inquiry, even of the time of Hen. III. are extant in old chronicles, but none of them has been found to make any mention of the constable.

He is named in the statute of 2 E. 3. c. 3. already [Page xxvi]mentioned, for the first time, and in those of 4. E. 3. c. 10. 5 E. 3. c. 14. 25 E. 3. st. 1. c. 6. and 36 E. 3. st. 1. c. 2. in several statutes, now repeal­ed or obsolete, in the reigns of R. 2. H. 4. and H. 6. in the 1 H. 7. c. 7. &c. &c.

In the Vision of (i. e. concerning) Piers the Plow­man are the following lines, which may serve to give us some imperfect idea how he was considered in the time of that writer (i. e. about the year 1380).

The king swore by Christe and by his crowne both
That wrong for his werkes should woo thorowly,
And commanded A CONSTABLE to cast him in yrons,
AND set hym not these seuen yeres see hys fete once(29)

This passage is the rather curious, as we do not elsewhere find that the constable had any power to put people in irons, much less to detain them for so considerable a length of time. Possibly, however, it is to be understood of the constable or keeper of a castle, before mentioned; although in must be con­fessed that the expression would in this case have been more accurately THE constable, since there could not well be more than one such officer attending the court.

§ 7. Notwithstanding any thing that has been said or omitted in the course of this enquiry, it seems highly probable that, at the Common Law, and be­fore the mandate of Henry III. the constable of the hundred, and the constable of the manor, were offi­cers of the same nature and authority, originating at the same time, and differing only as to the extent of their several districts: In short, that they bore to each other the same analogy as subsisted between the [Page xxvii]bailiff of the hundred and the bailiff of the manor; and, consequently, that the local jurisdiction of the constable of the hundred was commensurate with that of the torn or leet at which he was elected, be­ing such part of the division only as was not com­prehended within the jurisdiction of any other leet. It follows, therefor, that the constable of the hundred neither possessed nor could have exercised any more authority within the precinct of the leet, than the constable of one manor possessed or could have ex­ercised in another; the manor being, to all intents and purposes, exempt from and excluded out of the hundred(30). The preeminence, therefor, which the constable of the hundred is supposed to have, or may think proper to assume, over the constables of manors or townships within the hundred, is alto­gether unfounded and imaginary, and might, with equal justice or propriety, be claimed by the bailiff of the hundred or sheriff of the county over the bai­liff of the manor, or, in short, by any one constable over another whose district was more circumscribed; for though, as lord Bacon observes, the high con­stables authority hath the more ample circuit, "yet I do not find," says he, "that the petty constable is subordinate to the high constable, or to be ordered or commanded by him(31)." Those cases, therefor, wherein it has been adjudged, that the being subject to a particular leet shall not excuse a man from serving the office of constable of the hundred, seem [Page xxviii]to have been decided upon a wrong principle, and (to use an expression of sir Edward Coke) "for want of the knowlege of antiquity(32)."

All this, however, is spoken with an exception not of acts of parliament only, which, tinker-like, for one flaw they pretend to remedy, make a hun­dred (33), but also of the powers and pretensions, exer­cised or asserted by the quarter sessions, which being generally composed of men who neither know nor care what the law is, and who, therefor, consider themselves as a sort of legislative body, and at li­berty to do whatever they please,—finding it, per­haps, much easier to make new laws than to become acquainted with those already made,—has, in direct opposition to a positive rule of law(34), usurped so much, and so long, with respect to the election and controul both of the constable of the hundred and of the constable of the vill, that it is become difficult, if not impossible, to determine, with any degree of pre­cision, the actual rights of either.

THE OFFICE OF CONSTABLE.

CHAP. I. OF HIS QUALITY.

Conservator of the peace. THE costable was ordained to repress felons,10 E. 4. 18. Cromp. J. P. 201. 4 Inst. 265. and to keep the peace, of which he was and is a conservator by the common law*.

[Page 2]His office is,1 Hale P. C 88 therefore, 1. original or primitive,1. Conser­vator. as a conservator of the peace; 2. ministerial and rela­tive to justices of the peace,2. Minister of the jus­tice, &c. coroners, sheriffs, &c. whose precepts he is to execute.

He is, 1 Hale P. C. 459. Comb. 446. Carth. 508. 1 Salk. 176. L. Raym. 1300. 12 Mod. 316. Foster, 312. n. 2 Black. Rep. 1135, 1 H. Black. 13. however, an officer only for his own pre­cinct,Local juris­diction. and cannot execute a warrant directed "to the constable of the vill," or "to all constables" gene­rally, out of that particular jurisdiction; for he is a constable no where else; nor is he compellable to do it, though the warrant be directed to him by name; but he may if he will, and so may any other person*

[Page 3] Comb. 204. He is an officer of the court of quarter sessions,Officer of the Sessions over whom they have power*.

CHAP. II. OF HIS QUALIFICATION.

Idoneus home. THE common law requires,4 that every con­stable should be idoneus homo, i. e. apt and fit to execute the said office; and he is said in law to be idoneus who has these three things, honesty, knowlege, and ability; honesty, to execute his of­fice truly, without malice, affection, or partiality; knowlege, to know what he ought duly to do; and ability, as well in estate as in body, that he may intend and execute his office, when need is, diligent­ly, and not for impotency or poverty to neglect it; for if poor men should be chosen to this office, who live by the labour of their hands, they would rather suffer felons and other malefactors to escape, and neglect the execution of their office in other points, than leave their labour, by which they, their wives and children live: and the commonwealth consists [Page 4]in the well-ordering of particular towns, and order will not be well observed in them but where the officers are idonei, i. e. honest, knowing, and of ability. . . . And if one be elected constable who is not idoneus, he, by the law, may be discharged of his of­fice, and another man who is idoneus appointed in his place.

Better sort. The petty constables in towns ought to be of the better sort of resiants;Bacons L. T. 183. save that they ought not to be aged or sickly; but men of able bodies, in respect of the keeping watch and toil of their place; neither ought they to be in any mans livery.

Meaner sort. For constables chose out of the meaner sort,Dalt. J. P. 58. they are either ignorant what to do, or dare not do what they should, or are not able to spare the time to exe­cute this office: they are therefor to be able men,Able men. and to be chosen of the abler sort of parishioners; and are not to be chosen either by the house or other custom.

Publican. He ought not to be the keeper of a public house*. 1 Mod. 42.

Resiant. And must be an inhabitant of the place for which he is chosen.Freeman, 256

CHAP. III. OF HIS ELECTION.

Leet or tourn. HE is chosen,4 Inst. 265. 2 Salk. 502. Comb. 416. 2 Jones 212. Salk. 175. L. Ray. 70. 71. Strange, 1119. 5 Mod. 130, 131. by the common law, at the leet, or, where there is no leet, at the tourn; some­times by the jury, and sometimes by the steward, according to ancient and particular usage. If he be present, when chosen, he is to take the oath in court; if absent, he may be sworn before a (single) justice of the peace. But in the latter case he ought to have special notice of his election, and a time and place should be appointed for his taking the oath.

Two jus­tices. In case a constable dye,13 & 14 C. 2. c. 12. Comb. 328. Strange, 798. 1050. 1213. Bulstr. 174. Styles, 362. or quit the precinct, two justices may make and swear a new one, till the lord of the manor shall hold a court leet, or till the next quarter sessions, who may either approve of the constable so made, or appoint another. Also, if he continue above a year in office, Quarter ses­sions. the quarter sessions may discharge him, and put another in his place until the lord shall hold a court. But justices of the peace, either in or out of the quarter sessions, cannot in any other case discharge a constable chosen in the leet*

[Page 6] Mandamus. A mandamus may be granted to the steward of a court leet to swear a constable.Comb. 285.

Indictment. A person may be indicted for not taking upon him the office of constable.Strange, 920.

Fine or amercia­ment. In the leet or tourn where one is elected constable,5 Mod. 130. and refuses to be sworn, he may, if present, be fined for the contempt; if absent, amerced or subjected to a penalty for non-acceptance of the office according to the order.

[Page 7] Certificate. And if the steward certify what person has been chose,5 Mod. 128. Allen, 78. which certificate is carried to a justice of peace, the justice may send his warrant to compel him to appear before him and be sworn.Warrant. And the Kings Bench has granted a writ in such case.Writ.

Order of court. But one cannot be committed till he obey an order of court requiring him to take the office.Cro. Car. 567. 12 Mod. 180.

Pleading. And the indictment must set forth that he was chosen by a sufficient authority,5 Mod. 96. 1 Keble, 418. and summoned before a justice of peace to take the oath; and debito modo electus will not do.

Sessions. Though the justices of the peace have not origi­nally the making of the constable,2 Jones, 212. it is matter of the peace within their general jurisdiction, and they may examine it in their sessions.

Quo war­ranto. An information in the nature of a quo warranto is grantable against one to shew by what authority he exercises the office of constable.Strange, 1213.

CHAP. IV. OF HIS POWER AND AUTHORITY.

Chief Jus­tice. THE constable hath as good authority in his place as the chief justice of England hath in his.1 Roll. Rep. 238.

Arrest of felon, ex officie. Where a felony is committed he may ex officie (without a warrant) arrest and imprison the felon till he can conveniently be conveyed to a justice of peace, Note: 2 H [...]le P. C. [...]0. or to the common jail. And it is all one wherever the felony was committed, if the felon be within his precinct.

[Page 8] Killing felon. And if felon resists or flies, 4 Hale P. C. 481.489. 2 Hale P. C. 90. whether after arrest or before, and cannot be taken, he may kill him; and such killing is not felony, nor causes forfeiture.

Arrest on suspicion.Where a felony has been actually committed,Cromp. J. P. 153, 6. 2 Hale P. C. 9.11 Mod. 248. Douglas, 345. Leadwith v. Catchpole, E. 23 G. 3. B. R. the constable upon probable grounds of suspicion, even from information of others, may lawfully apprehend the suspected person, and carry him before a magi­strate. And so may a private person do, without a constable.

Causes of suspicion. Now probable causes of suspicion are very many,Cromp. J. P. 87.154. Owen, 121.12 Rep. 92.2 Hale P. C. 81.3 Bulstr. 287. as, for instance, common fame; hue and cry levied; having part of the goods found upon him; being in­dicted of the like; refusing to shew cattle charged to be stolen.

Breaking open doors, &c. In case of a felony committed,2 Hale P. C. [...]2.90.94. or in danger to be committed (as if A. wounds B. so that he is in danger of death) the constable, either upon complaint, or upon a justice's warrant, or hue and cry, may break open the doors to take him, if, upon demand and notice, he will not yield himself, or entrance be refused. And, in that case, if the constable kill the felon, who cannot be otherwise taken, it is no felony.

Arrest in discretion. If A. lose goods,Clayton, 44. and charge B. with stealing them; and the constable searches B's house but finds none of the goods, yet upon the charge, and at the request of A. he may arrest B. but this is discretion­ary, since he had found no cause of suspicion on his search.

Dismission or detainer. If the constable, Keilwey, 34. having arrested a man for suspicion of felony, finds that no such felony hath been com­mitted, the opinion of Keble, Conisby and Frowike [Page 9]was, that he might let his prisoner go. But, by their opinions, if a man be killed in fact, and one is ar­rested for that felony, or for suspicion thereof, al­though the constable afterward finds that prisoner is not guilty, still he may not let him go, but he ought to be delivered by due course of law.

Common jail. He may carry that he has arrested for felony to the common jail,4 E. 3. c. 10.13 E. 4.9.17 E. 4.5.1 Hale P. C. 595. and the jailor is bound to re­ceive him.

Imprisoning to prevent felony. He may imprison to prevent a felony, by his office;Moore, 284. Pop. 13 as if he see two with weapons drawn, ready to fight, in preservation of the peace, and to prevent manslaughter, which might ensue, he may set both in the stocks. Or if a man in fury be purposed to kill, maim, or beat another, the constable seeing it may arrest and imprison him till his rage be passed, for the conservation of the peace.

Arrest in danger of felony. Where one beats another almost to deathBr. Faux Imprison­ment, pl. 6. Cromp. J. P. 141. and hue and cry is raised, the constable may arrest the party, and, if he refuse the arrest, may take power to arrest him; and may beat him till he obey the arrest; and may imprison him till he perceive whether the other will live, and may then let him at large.

Felonious intent. He may arrest and imprison one for a felonious intent;Moore, 284. Pop 13. as where a man had led away an infant of two years old into a church, and there left it to perish for want of sustenance, and the constable took him, and set him in the stocks. Also if a man lay an infant which cannot help itself upon a dung­hill, or in the open field, so that the beasts or fowls may destroy it, or where no one is bound by law to take it up but he who brought it thither, whereby [Page 10]the infant might perish, the constable seeing it may commit the party so doing to prison.

Affray, &c.If he see one making affray,Cromp. J. P. 131.155.201. or assaulting another, or breaking the peace, or hear, or know, one to menace, or threaten to kill, wound, maim, or beat another, he may take and set him in the stocks, or commit him to prison, or to jail,Surety of the peace, till he find surety for keeping the peace, or is bound to his good behaviour.

Obligation. He may take surety of the peace by obligation in his own name,10 E. 4.18. Br. Peace, pl. 2. Br. Suertie, pl. 23. Cromp. J. P. 131.4 Inst. 265. Cro. Eliz. 375.376. but not otherwise; and may certify it at the sessions*.

Aid of neighbours. He may take aid of his neighbours to arrest another,Cromp. J. P. 141. and they are compelled to assist him by law; and, upon affray and such like, he may raise the people of the realm to cause the peace to be observed.

Commit­ment for af­fray. He may commit during affray in his own view,Cro. E. 375. Br. Faux Impris. 6. but not after affray, to compel the party to find surety of the peace, as he cannot take any mans oath that he is in fear of his life.2 Hale P. C. 90. But he may, upon complaint, arrest the party, and bring him before a justice of the peace, to find surety, or for appearance.

Affray within doors. If men be making affray in a house,Cromp. J. P. 130. b. 2 Hale P. C. 95. and the doors are shut, the constable may enter and see the peace kept. And if manslaughter, or bloodshed, is likely to ensue, and entrance upon demand is refused, he may break open the doors to keep the peace and prevent the danger.

Affray and flight. And if he who made the affray flies to a house and shuts the door,Cromp. J. P. 130, b. the constable may follow and take [Page 11]him by fresh suit, or otherwise, where the other party is in danger of his life.

Impending affray. And if he perceive that persons are about to make affray,Cromp. J. P. 130. he may command them to disperse upon pain of imprisonment; and if it appear likely to be a great affray may commit them to prison for a short time to prevent it.

Stocks or jail. But he may not set one who hath broke the peace in the stocks,22 E. 4.35. if he can have him to the next jail for the night.

Watch. He hath power ex officio to keep a watch for the purpose to raise or pursue hue and cry upon robberies committed,2 Hale P. C. 97. by the statute of Winton, c. 1; to search for lodgers in suburbs of cities that are suspicious persons, which is to be done every week, or at least once in 15 days, by the same statute c. 4; for such as ride or go armed, by the statute of 2 E. 3. c. 3; for night walkers and persons suspicious, either by night or day, by the statute of 5 E. 3. c. 4. And it is in his power to hold such watches as often as he pleases, and the watchmen are his ministers and assistants, and are under the same protection with him, and may act as he doth, and regularly he ought to be in company with them in their walk and watch *.

Disorderly house. If there be disorderly drinking or noise at an unseasonable time of night,2 Hale P. C. 95. especially in inns, taverns, or alehouses, the constable, or his watch demanding entrance and being refused, may break open the [Page 12]doors, to see and suppress the disorder; as is con­stantly done in London and Middlesex.

Insult, &c. He may imprison one who insults,1 Roll R. 238. Br. Faux Impris. 41. Cromp. J. P. 131. Clayton, 10. assaults, or makes affray upon him, or opposes him, though but verbally, in the execution of his office; and may also beat another in his own defence.

Madman. He may take a madman and put him in prison,Owen 98. and shall not be charged though he dye there.

Refusal to watch. If an inhabitant refuse to watch in his turn,3 Lev. 208. the constable may set him in the stocks.

Innkeeper refusing a guest. If an innkeeper will not lodge a man,5 E. 4.2. Br. action sur le case. 76. Cromp. J. P. 201. the constable, upon complaint, may oblige him*.

Night wal­kers. He may apprehend night walkers†. 2 E 4.8.

And may arrest and commit lewd persons,Cromp. J. P. 153, b. Br. Trespas, 432. 12 Mod. 567. 5 Rep. 556. who resort to houses where bawdry is used,Lewd per­sons. to make them find security for their good behaviour.

General Warrant. If he arrests on a general warrant, scil. coram aliquo justiciario (before some justice) he may carry his prisoner to what justice he will.

Going armed. He may arrest persons coming before the kings justices with force and arms,2 E. 3. c. 3. or who bring force in affray of the peace, or go or ride armed‡.

[Page 13] Deputy. He may make a deputy to execute his office in his absence;Cromp. J. P. 201. Bacon L. T. 137. Moore, 845. 3 Bol. 78. 1 Roll. R. 274. 1 Roll. A. 591. Sid. 355. 1 W. & M. c. 18. § 7. 3. Burr. 1262. and such deputy may execute warrants, directed to the constable, and do all other things per­taining to the office of constable, though he be not sworn*.

Neighbours. He may command his neighbours to assist him in the execution of any authority or duty vested in him by the common law;Comb. 309. but not by particular statute, unless in special cases.

Breaking open doors. By virtue of a warrant, he may break open a house to take a person for treason or felony;Brown l. 211. 1 Bulstr. 146. but for no other cause.

Warrant. Where he has a warrant he is tyed up to that war­rant,11 Mod. 248. to act only as it directs.

Servants in Husbandry. He may grant testimonials under his seal licens­ing servants in husbandry,5 Eliz. c. 4. &c. to depart from their masters and serve elsewhere.

Plague. He may command infected persons in time of plague to keep the house†. 1 Ja. c. 31.

Suspected deserters. He may apprehend persons suspected of being de­serters,15 and bring them before a justice.

CHAP. V. OF HIS DUTY.

Affray. THE office of constable is to take such as make affray,Cromp. J P. 131. and imprison them till they are bound to the peace.

Roberdes­men. If any man have suspicion of evil of roberdesmen, 5 E. 3. c. [...]4. wastours, or drawlatches, whether it be day or night, they are to be incontinently arrested by the constable; who is to deliver them, if in a franchise, to the bailiff, if in gildable*, to the sheriff, to be kept in prison till the jail delivery.

If he have notice that a burglary has been com­mitted,Cro. E. 16. it is his duty to pursue the felon immediately, though in the night.

Escape. It constable arrest a felon and carry him to the county jail,10 H. 4.7. and the jailor will not receive him, the constable ought to keep him till the jail delivery, otherwise it is escape.

Carrying to jail. If one take a felon in the vill, and carry him to the constable,Cromp. J. P. 201, b. it is his duty to convey him to the jail, and to cause others of the vill to assist him.

Demea­nour toward prisoners. As to what the constable is to do with his pri­soner that he hath arrested for felony or otherwise:2 Hale P. C. 95. Ib. 120. in case of a sudden affray through passion or excess of drink, he may put the party into the stocks, or in a prison, if there be one in the vill, till the heat of his passion and intemperance is over, though he [Page 15]deliver him afterward, or till he can bring him before a justice of peace. In other offences, he may convey his prisoners to the sheriff, or his jailor of the county, or, if within a franchise, to the jailor of the franchise; and they are bound to receive them with­out taking any thing, by 4 E. 3. c. 10. vide 5 H. 4. c. 10. 23 H. 8. c. 2. But the safest and best way in all cases is to bring them to a justice of peace, to be my him bailed or committed as the case may require. For till they be bailed or discharged, or the sheriff or jailor hath received them, they are still under the charge of the constable.

Stocks. Till the constable can conveniently convey the party to a justice of peace,2 Hale P. C. 95. Ibid. 119. or to the common jail, as when the time is unseasonable, or there is danger of a rescue, or the party is sick, he may secure him in the stocks, or in a house, till the next day, or such further time as may be reasonable.

Felons. If felons or murderers be in the vill, and the constable have knowlege thereof,Cromp. J. P. 201, b. it is his office and duty to assemble people and take them.

Flight. If a man fly for felony, the constable ought to seize his goods,Ibid. and keep them safely for the kings use.

Constables are, upon request,1 Mary, fuss. 2. c. 9. to assist the president of the college of physicians in London, and all per­sons by him authorized for the due execution of 14 & 15 H. 8. c. and 32 H. 8. c. 40. upon pain of contempt.

Harvest In time of hay or corn harvest, the constable is to cause all persons meet for labour,5 Eliz. c. 4. at his discretion, to serve by the day in mowing, reaping, &c. and is to set them in the stocks if they refuse.

Poors rate. The weekly rate for the relief of the poor is to be assessed,43 Eliz. c. 2. § 12. in case the parishioners disagree, by the [Page 16]churchwardens and constables; who are, in either case, to levy the rate.

The churchwardens and constables of every parish are to collect the sums rates,43 Eliz. c. 3. § 35. and pay the same over to the high constable.

Malefac­tors. Lewd persons who shall cut or take away corn growing,43 Eliz. c. 7. & 15 C. 2. c. 2. rob orchards or gardens, break or cut hedges or fences, pull up fruit trees, or spoil woods, not being felony, being thereof convicted, and not making satisfaction for the damages, shall be com­mitted to the constable or other inferior officers to be whipped.

Unlicensed ale houses. Persons keeping a common tippling house, or selling ale,3 C. 1. c. 3. beer, cyder or perry, without a licence, forfeit twenty shillings, to be levied by the constables or churchwardens, and not having sufficient goods, or not paying within six days, are to be committed to the constable or other inferior officer to be openly whipped.

Customs. Constables are to be aiding to the officers of the customs in the execution of this act*. 13 & 14 C. 2. c. 11.

[Page 17] Measures. They are to search and examine if any person use any other measure than what is agreeable to the stand­ard marked in the Exchequer,22 C. 2. c. 8. called the Winchester measure of eight gallons to the bushel, or strike the same otherwise than even by the wood or brim; or sell or buy by a measure unsealed: and, finding any such unsealed measure, are to seize and break the same; and for that and every other offence are to present the offender at the next sessions.

Kiddermin­ster weavers. They are to be aiding and assisting to the presi­dent,22 & 23 C. 2. c. 8. &c. of the Kidderminster weavers, as often as required.

Distress for rent. The constable is to be aiding and assisting in the appraisement and sale of goods distrained for rent,2 W. & M. Sess. 1. c. 5. and may swear the appraisers; and is to receive the over­plus for the owners use. And

Is to aid and assist landlords,11 G. 2. c. 19. &c. seizing as a dis­tress for rent, goods fraudulently carried away and locked up in any house, &c. which (oath being first made before a justice of reasonable ground of suspi­cion) they are impowered to break open.

Upon the breaking out of nay fire within London or Westminster all constables and beadles (upon notice thereof) are to repair to the place with their staves and other badges of authority, and be aiding and assisting in the extinguishing of the fire,6 Ann. c. 31. Fire. causing [Page 18]people to work at the engines* and preventing goods being stolen; and are to apprehend all ill-dis­posed persons whom they find stealing of pilfering from the inhabitants, and to give their utmost assistance to help the inhabitants to recover their goods.

Jurors. The justices of peace at the quarter sessions next after the 24th of June are to issue their warrant to the head or chief constable of the hundred,3 & 4 Ann. c. 18. requir­ing him to issue his precepts to the constables, direct­ing them to meet him at some usual or convenient place within fourteen days, when and where the constables shall prepare a true list signed by them of the names and abode of all persons within the places for which they serve qualified to serve on juries ac­cording to 4 & 5 W. & M. c. 24. between the ages of 21 and 70, according to 7 and 8 W. 3. c. 32. which list the constables at the quarter sessions are to return and give to the justices in open court.

But it is sufficient if the constables subscribe their lists in the presence of a justice,3 G. 2. c. 25. and attest the truth thereof on oath, and deliver them to the chief consta­ble.

Hue and cry. Every constable to whom notice shall be given of and robbery is with the utmost expedition to make fresh suit and hue and cry after the felon.8. G. 2. c. 16.

Hawkers of spirits. Any person may seize and detain hawkers of spirits till he can give notice to the constable,11 G. 2. c. 26. &c. who is to carry them before a justice of the peace.

[Page 19] Poors rate. Where no rate is made for relief of the poor,12 G. 2. [...]. 29. the quarter sessions may direct the sum assessed for the purposes of this act to be rated and levied by the constable to be by him paid to the high consta­ble of the hundred.

Vagrants. Two or more justices are four times a year or oftener (if need be) by their warrant to command the constables,27 G. 2. c. 5. who shall be assisted with sufficient men, to make a general privy search throughout their re­spective limits for the finding and apprehending of rogues and vagabonds, viz. persons threatening to run away and leave their wives or children to the parish; persons unlawfully returning to the parish or place from whence they have been legally removed, without a certificate; persons, not having wherewith to maintain themselves, living idle and refusing to work; persons going about from door to door, or placing themselves in streets, highways or passages, to beg or gather alms, all of whom are to be deemed idle and disorderly persons; persons going about as paten­gatherers or gatherers of alms, under pretences of loss by fire or other casualty; or as collectors for prisons or hospitals; fencers, bearwards, common players of interludes, minstrels, juggles; persons pretending to be gypsies, or wandering in the habit or form of Egyptians, or pretending to have skill in physiog­nomy, palmestry or like crafty science, or to tell fortunes, or playing or betting at any unlawful games or plays; persons running away and leaving their wives or children, whereby they become chargeable to any parish or place; petty chapmen and pedlers wandering abroad, not being duly licensed or autho­rised; persons wandering abroad, and lodging in ale­houses, [Page 20]barns, outhouses, or the open air, not giving a good account of themselves; persons wandering abroad and begging, pretending to be soldiers, mari­ners, seafaring men, or pretending to go to work in harvest; and all other persons wandering abroad and begging; all of whom are to be deemed rogues and vagabonds *; endgatherers offending against 13 G. 1. c. 23. persons apprehended as rogues and vagabonds, and escaped from the persons apprehending them, or refusing to go before a justice or to be examined be­fore him, or to be conveyed by a pass, or knowingly giving a false account of themselves on such examina­tion, after warning given them of their punishment; rogues or vagabonds breaking or escaping out of any house of correction; and persons having been punish­ed as rogues and vagabonds, and discharged, again committing any of the said offences, who are to be deemed incorrigible rogues; and every justice on receiving information that rogues and vagabonds, are in any place within his jurisdiction is to issue his warrant to the constable of such place to search for and apprehend them. Such rogues and vagabonds to be brought before any justice or justices of the peace of the same county, &c. who after taking their examination shall order them to be publicly whipped by the constable, &c. or sent to the house of correc­tion; and after such whipping or confinement such justice or justices may by a pass under hand and seal [Page 21]cause them to be conveyed to the place of their settle­ment, and with the pass shall deliver to the constable a note or certificate ascertaining how they are to be conveyed, and what allowance he is to have for con­veying them. Whereupon the constable is to con­vey them agreeably to the pass, the next direct way to the place where they are ordered to be sent if in the same county, &c. but if in some other county, &c. shall deliver them to the constable of the first town in the direct way with the pass and duplicate of exa­mination, taking his receipt. And such constable shall without delay apply to some justice in the same county. &c. who shall make the like certificate as before, and deliver it to the said constable, who shall convey the persons unto the first parish, &c. in the next county, &c. in the direct way, and so from one county to another, till they come to the place to which such persons are sent.

Cursing and swearing. If the constable hear any person swear or curse,19 G. 2. c. 21 he is, if a stranger, to seize him and carry him before the next justice, &c. or, if known to him, make informa­tion before such justice, &c. to be convicted and punishedQ. For what offence?.

Indorsed warrant. Where,24 G. 2. c. 55. under an indorsed warrant, he apprehends the offender, he is to carry him before the justice who indorsed it; and if the offender find bail, is to receive the recognizance, examination, &c. and deliver them over to the clerk of assize or clerk of the peace of the county where the offender is required to ap­pear; and, if the offender be not bailed, is to carry [Page 22]him before a justice of the county where the offence, was committed*

Disorderly houses. If two inhabitants of any parish or place paying scot and bearing lot give notice in writing to the constable of any person keeping a bawdy house,25 G. 2. 36. gaming house or other disorderly house in such parish or place, he is to go with them to a justice of the peace, and upon their making oath that they believe the contents of the notice to be true, and entering into a recogni­zance to give or produce material evidence, enter into a recognizance in £. 30. to prosecute such person for such offence at the next sessions or assizes. The expences of prosecution to be paid by the overseers of the poor.

Warrant of distress. Constable making a distress under a justice of peace's warrant,27 G. 2. c. 20. shall, if required, shew the same to the party, and suffer a copy to be taken.

Every constable or beadle within his district,29 G. 2. c. 30. and every watchman on duty, Stealers of lead, &c. is to apprehend persons rea­sonably suspected of having, carrying, or conveying, af­ter sunset and before sunrise, any lead, iron, copper, brass, bell-metal, or solder, suspected to be stolen or [Page 23]unlawfully come by, and carry it and the party before two or more justices.

Militia. The lieutenant and (or) deputy lieutenants are to issue their orders to the chief constable to issue an order to all constables to return to the deputy lieutenants lists in writing of all men dwelling within the parish,26 G. 3. c. 107. § 21.&c. between eighteen and forty-five, distinguishing their rank and occupation, having first affixed a copy of such list on the church door; and on the day appointed for return of the lists the constables are to attend and verify the return on oath;§ 24. and the deputy lieutenants at a subsequent meeting are to issue an order to the chief constable requiring him to give notice to the constable of each parish, &c. of the number of men appointed to serve, and at another meeting are to issue an order to the chief constable to direct the constable to give notice to every man chosen to serve in the militia to appear at the next meeting, when the constable is to attend and make oath of the service of the notice.

And the constables are to cause the notice they re­ceive from the chief constable of the time and place of exercise to be fixed on the church door.§ 69.

And constables,§ 78. &c. are to billet militia-men, when called out to annual exercise, in inns, livery stables, alehouses, &c. upon application by the lieu­tenant, colonel or commanding officer; and are also to provide lodging for the serjeants, corporals and drummers at other times.

And when the militia is called out any justice of peace,§ 80. being required by the order of the lieutenant, or a deputy lieutenant, or the colonel or chief officer of the regiment, &c. is to issue his warrant to the [Page 24]chief constable, or to the constables of the parishes, &c. through which the militia is to march, to pro­vide carriages and drivers.

And in case of actual invasion,§ 98. or imminent danger thereof, or in case of rebellion, the lieutenant or deputy lieutenants are to issue orders to the chief constable, who is to forward the same to the consta­bles, and they on receit thereof are to give notice to the militia men to attend at the time and place mentioned in the order.

Highways. On the 22d of September in every year,13 G. 3. c. 78. the consta­bles, churchwardens, surveyor of the highways, and householders, are to assemble and make a list of ten inhabitants having an estate in the parish, &c. of £. 10 a year, or personalty of the value of £. 100, or being occupiers of house or land of £. 30 a year, to serve the office of surveyor of the highways; and the constable is three days after to transmit a duplicate of the list to a justice of peace, and return the original to the special sessions for the highways in the week after the Michaelmas general quarter sessions, and is also within three days to give notice to the persons named in the list, that they may appear at the special sessions to accept the office; ten days notice of the time and place of holding the same being to be given to the constable by the justices. And the constable is, upon requisition of the justices, to return an account in writing of the sum which an assessment of sixpence in the pound has raised or will raise within the parish, &c.

Suspected thieves. Constables,22 G. 3. c. 58. beadles, and watchmen, are to appre­hend those suspected of conveying, between sun-set and sun-rise, any goods or chattels suspected to be stolen, and carry them before a justice.

[Page 25] Soldiers. The constables are to quarter and billet the officers and soldiers in the kings service in inns,30 G. 3. c. (Annual.) livery stables, alehouses, victualing houses, and the house of sellers of wine, brandy, &c. by retail to be drank in their own houses or places thereto belong­ing (except tavern-keepers free of the vintners com­pany). And the high and petty constables within the city and liberties of Westminster, and places ad­jacent, when required, are to billet and quarter the officers and soldiers of the foot guards in such like houses, in and about the said city and liberties, and places adjacent (except the city of London); and when any order shall issue for the quartering or billet­ing of officers or soldiers within the said city and liberties of Westminster, and places adjacent, the high constables of each parish, &c. to billet and quarter such officers and soldiers of the foot guards, and such petty constables shall billet and quarter them equally and proportionably. And these petty constables shall at every general quarter sessions for Westminster, and parts adjacent, make and deliver to the justices upon oath, signed lists of all houses liable to receive sol­diers, with the number billeted in each house. And

Justices (being duly required) are to issue their warrants to the constables to make provision of car­riages for troops on march.

Warrants. Though the constable is not named in 3 and 4 W. & M. c. 10.1 Salk. 381. nor appointed to be the officer to exe­cute the warrants, yet the justices may command him to execute them*.

[Page 26] Present­ments. A constable must either return his warrant,1 Salk. 381. or certify what he has done upon it*.

He should present all offences within his own knowlege,Dalton, J. P. 474. Fitz. J. P. 6. which concern the peace, as defaults of watching, disorderly houses, affrays, &c. &c. at the leet, tourn, or quarter sessions. And such present­ment is as available as one made by twelve men.

But he is not obliged to present a highway sworn before him by two witnesses to be out of repair;1 Vent. 336. even though demanded so to do by the quarter sessions; and may tell them plainly that he will not present it†.

Discharge. He is not discharged of his office till his successor be sworn;Freeman, 256. because the district cannot be without an officer.

CHAP. VI. OF HIS PROTECTION, INDEMNITY, ALLOWANCES, ADVANTAGES, AND REWARDS.

Aid of the country. THE constable shall have aid of the country to pacify affray.Cromp. J. P. 131. *⁎*

[Page 28] Action. He is not suable out of the county for what he does in the execution of his office.Sty. 393.

General issue. If he be sued for any thing done by virtue of his office,7 J. 1. c. 5. he,Double costs. and all who assist him, may plead the gene­ral issue, Not guilty, and give the special matter in evidence, and on a verdict for the defendant or de­fendants, or on the plaintiffs becoming nonsuit or discontinuing, the defendant or defendants shall have double costs.Cromp. J. P. 201. And so of a deputy constable.

But in this case the judge who tries the cause must order the postea to be marked,2 Ven. 45. Douglas, 294. and certify that the de­fendant was acting in the execution of his office.

Murder▪ If in the execution of his office,1 Hale P.C. 9. 460. after competent notice that he is constable, he, or any that come to his assistance, be killed, it is murder; although the party killing do not know his person*.

[Page 29] Notice. Coming to appease a sudden affray in the day-time in the place where he is constable,1 Hale P. C. 461. it seems every [Page 30]man is bound to take notice that he is constable: but it is not so in the night-time, unless there be some notification that he is constable. But whether it be day or night, it is sufficient notice if he declare him­self to be the constable, or command the peace to be kept in the king's name, or the like.

Trespas [...] If two men are combating,Cromp. J. P. 130. and the constable come to part them and is hurt, he shall have action of tres­pass; and if he hurt them, they shall not have action against him.2 Hale P. C. 97. And so of those who aid him; every man who is assisting to the constable in the execution of his office having the same protection that the law gives to the constable.

Unjustly removed. If he be removed without just cause,Bulstr. 174. the court of Kings Bench will by rule of court order him to be restored to his place.

Cursing and swearing. If he be sued for seizing or prosecuting persons who swear or curse in his hearing,19 G. 2. c. 21. he may plead the general issue, and give the special matter in evidence, and if he get a verdict, or plaintiff be nonsuit, or dis­continue, he is to have treble costs.

Warrant. A justice of pe [...]ce's warrant is a sufficient justifica­tion of a constable in a matter within the jurisdiction of such justice.Strange, 711.

Action. No action shall be brought against a constable,24 G. 2. c. 44. or [Page 31]any one acting by his order or in his aid, for any thing done in obedience to a warrant under the hand or seal of a justice of peace, until demand of the perusal and copy of such warrant, and refusal or neglect for six days. And if, after demand and compliance, an action be brought without making the justice a defendant, the jury shall give a verdict for the defendant or defen­dants, notwithstanding any defect of jurisdiction in such justice. And if such action be brought jointly against justice and constable, the jury, on proof of the warrant, shall find for the latter. And no action shall be brought against a constable unless com­menced within six months*.

[Page 32] Militia list. Any person endeavouring by rewards of menaces to prevail on the constable to make a false return of a militia list,2 G. 3. c. 20. forfeits £. 20. And refusing to tell his name or the name of his lodger, £. 10.

Common scold. He and his assistants may,Moore, 847. under a presentment in the leet and the stewards warrant, justify punishing a common scold according to law (i. e. putting her in the ducking-stool).

Charges of conveying malefactors. The charges of sending malefactors to jail were by the common law to be born by the vill in which they were apprehended.1 Hale P. C. 96. 3 J. 1. c. 10. 27 G. 2. c. 3. But now every person not having goods or money within the county where he is taken sufficient for that purpose, on application by any constable, or other officer who conveyed him, any justice of the peace for the same county shall upon oath examine into and ascertain the reasonable ex­pences [Page 33]to be allowed him; and forthwith, without fee or reward, by warrant under his hand and seal, order the treasurer of the county to pay the same, which he is required to do as soon as he receives such warrant, except in Middlesex, where such expences are to be paid by the overseers of the poor of the pa­rish or place where the person was apprehended.

Vagrants. The county treasurer is to pay the constable the rates or allowances ascertained by the justice's certi­ficate,17 G. 2. c. 5. 26 G. 2. c. 34. for conveying rogues and vagabonds (see be­fore, p. 21.)

Soldiers. A mandamus is grantable on 1 G.Strange, 42. 93. 1. c. 34. (Mu­tiny Act) to allow a constable extraordinary charges in providing carriages, &c.

Distress. The constable making a distress under a justice's warrant,27 G. 2. c. 20. may deduct the reasonable charges of tak­ing, keeping, and selling the distress, out of the mo­ney arising by such sale.

Account. Every constable is every three months,18. G. 3. c. and within fourteen days after he goes out of office, to deliver to the overseers of the poor an account entered in a book, kept for the purpose, and signed by him, of all sums by him expended and received on account of the parish, &c. which overseers are within fourteen days to lay the same before the inhabitants, and, if approved, are to pay the money due out of the poor rates; but, if disallowed, are to deliver the book back to the constable, who may produce it before a justice of peace, giving reasonable notice to the overseers; which justice is to examine the account, determine objections, settle the sum due, and enter it in, and sign the account; and the overseers are to pay such sum out of the poors rate; but may appeal (giving notice) to the quarter sessions.

[Page 34] Settlement. Serving for himself and on his own account for the space of a year,3 W. & M. c. 11. Burr. S. C. 27. 30. 238. 520. 634. 19 Vine [...], 359. Strange, 444. he gains a settlement in the parish in (or in part of) which he so serves.

Vagrants. If he apprehend and convey (to any justice or jus­tices of the peace) any rogue or vagabond (see before,17 G. 2. c. 5 p. 19.) such justice or justices shall reward him by making an order upon the high constable to pay him ten shillings within a week after demand: and, where no high constable, he shall pay himself, and be allowed it in his accounts.

Deserters. He is entitled to twenty shillings for every deser­ter he apprehends,30 G. 3. c. (Annual.) to be paid, under a justices war­rant, out of the land tax.

CHAP. VII OF HIS RESPONSIBILITY AND PUNISHMENT.

Warrant. A CONSTABLE must at his peril take notice that his warrant is by one in the commission of the peace.12 Mod. 347. Since (before 1 G.Gib. So. 3. c. 23.) even the lord chief justice's warrant for apprehending a person was void by the kings demise, and the constable im­prisoning one by force thereof,2 Hevk. P. C. 81. liable to an action. Nor can he justify an arrest by force of a justice's warrant for a matter appearing to be out of his juris­diction.

Misdemea­nour. Illegality ab i [...]to. And though his warrant be legal,Clayton, 44. 12 Mod. 344. yet if he be guilty of a misdemeanour in executing it, (as where, upon a search-warrant, a constable pulled the clothes from off a woman in bed, to search under her smock) this will make all bad from the beginning.

[Page 35] Chargeable. Arresting on possessed of money who dyes,Owen, 121. he is chargeable with the money. And so where he takes from a felon money of which he had robbed another, even though he be afterward robbed of it himself.

Neglect of duty. Neglecting a duty incumbent on him either by common law,1 Salk. 381. 2 Roll R. 78. or by statute, he is for his default in­dictable.

Affray. On affray made in his presence,Cromp. J. P. 130, b. if he do not endea­vour to pacify it, he shall be fined: but not if the affray be at a distance, and he is only told of it.

Not return­ing war­rant. If he will not return his warrant,6 Mod. 83. 1 Salk. 381. 24. G. 2. c. 44. or certify what he has done under it, (for he ought to keep the warrant for his own justification,) the sessions may fine him*. But the court of Kings Bench will not grant a manda­mus.

Escape. If he wilfully lets a felon escape out of the stock,1 Hale P. C. [...]69. and go at large, it is felony.

Offender brought to the watch-house. It is a misdemeanour in him to discharge an offen­der brought to the watch-house by a watchman in the night†.2 Bur. 867.

[Page 36] Removal. He may for just cause be removed by the authority which elected him.Bulst. 174. 2 Hawk. P. C. 63.

Labourers. Not setting one in the stocks who refuses to work in hay or corn harvest (see before,5 Eliz. c. 4. c. 15.) he forfeits forty shillings.

Poor [...] rate. If he fail to make payment of the weekly parish rate towards the relief of sick,43 Eliz. c. 3. § 6. hurt and maimed soldiers and mariners (see before, p. 16.) he forfeits twenty shillings.

Malefactors in cases, &c. Unlicensed alehouses. Not executing,43 Eliz. 1. 7. § 2. 3 C. 1. c. 3. § 3. by himself or some other, the punishment limited by these statutes, (see before, p. 16.) he is to be sent to jail until it is done.

Drunkards. Neglecting the due correction of a person convict­ed of drunkenness (who,4. J. 1. c. 5. [...] 3. if unable to pay five shillings, is to be committed to the stock for six hours) given in charge to him by the precept of any mayor, &c. he forfeits ten shillings to the use of the poor.

Hawkers and pedlers. Refusing or neglecting,9 & 10 W. 3. c. 27. upon due notice or his own view, to be aiding and assisting in the execution of this act, (whereby hawkers and pedlers refusing to shew their licence are to forfeit £ 5.) he is to for­feit forty shillings.

Juries. Not returning the list of persons qualified to serve on juries at the quarter sessions,3 & 4 Ann. c. 18. he forfeits £ 5.

Hue and cry. Refusing to make fresh suit and hue and cry (see before, [...] G. 2. c. 16. p. 18.) he forfeits £ 5.

Hawkers of spirits. Refusing or neglecting to be aiding and assisting in the execution of 11 G.11 G. 2. c. 26. 2. c. 26. 9 G. 2. c. 23. 10 G. 2. c. 19. he forfeits £ 20.

[Page 37] Poors rate. Refusing to account for or pay over money re­ceived for the purposes of this act (see before,12 G. 2. c. 29. § 17. p. 19.) he is to be committed.

Vagrants. Refusing or neglecting his best endeavours to ap­prehend or convey to a justice any rogue or vaga­bond (see before,17 G. 2. c. 5. § 5. p. 19.) he forfeits from ten shillings to £ 5.

If (where there is no high constable) he refuse to pay the reward of ten shillings for taking up vaga­bonds on demand,17 G. 2. c. 6. § 5. he is liable to distress for twenty shillings, out of which it is to be paid.

If he counterfeit or alter any certificate,17 G. 2. c. 5. § 18. receit, or note, used in the conveyance of rogues and vaga­bonds, he forfeits £ 50. Or if he will not receive or convey them, or does not deliver them to the pro­per person, he forfeits £ 20.

If he be defective or remiss in the execution of this act he forfeits from ten shillings to £ 50.17 G. 2. c. 5. § 22. to the use of the poor, or in case of no distress is to be sent to the house of correction.

Cursing and swearing. Wilfully omitting the performance of his duty in seizing or informing of persons who swear or curse in his hearing,19 G. 2. c. 21. he is to forfeit forty shillings, or be sent to the house of correction*.

[Page 38] Indorsed Warrant. If,24 G. 2. c. 55. where under an indorsed warrant he has ap­prehended an offender who shall give bail before the justice who indorsed it, or any other of the same county, &c. he do not deliver over the recognizance, exami­nation, or other proceedings received from such jus­tice, to the clerk of the assizes or clerk of the peace of the county, &c. where such offender is required to appear, he forfeits £ 10.

Disorderly houses. If he refuse or neglect to go before a justice or enter into recognizance for the purpose of indicting a disorderly house,25 G. 2. c. 36. § 7. or be wilfully negligent in carrying on the prosecution, he forfeits £ 20. to each of the inhabitants giving notice. (See before, p. 22).

Highway [...]. Neglecting or refusing to make a list of persons to serve the office of surveyor of the highway (see be­fore,13 G. 3. c. 78. p. 24.) or not returning it, or not giving the notice or serving the warrant directed by the act, or not returning the amount of the sixpenny assessment, he forfeits forty shillings; or refusing to execute a jus­tice's warrant under the act, he forfeits from forty shillings to £ 10.

Militi [...]. Refusing or neglecting to return the lists of persons liable to serve in the militia,26 G. 3. c. c. 107. § 30. or to comply with the orders of he deputy lieutenants, &c. or being guilty of fraud or partiality in the return, he may be com­mitted by them for a month, or fined £ 5.

[Page 39] Soldiers. If he presume to quarter of billet any officer or soldier in a private house, [...] G. 3. c. (Annual) without the consent of the owner, such owner is to have his remedy at law against him! And refusing to execute warrants for provid­ing carriages, he forfeits from twenty shillings to forty shillings; quartering wives, children or servants, he forfeits to the party grieved twenty shillings; or re­fusing or neglecting (for two hours) to billet, or re­ceiving money to excuse persons, from forty shillings to £ 5; and not delivering to the quarter sessions for Westminster and parts adjacent signed lists of houses liable to receive soldiers, with the number billeted in each house, he forfeits £ 5.

CHAP. VIII. OF THE HIGH CONSTABLE.

Quality. THE high,C [...]omp. J. P. 201. 2 Hale P. C. 96. 3. Keble, 231. 1 S [...]lk. 381. 11 Mod. 215. L. Ray. 1193. chief, or head constable is the con­stable of a hundred, rape, lathe, wapentake or such like division, but it is doubtful whether he be a conservator of the peace.

He is as much the officer of the justices of the peace the constable of a vill or parish.Fort [...]e, 12 [...].

Election. He is elected at the leet (or turn) of the hun­dred,1 Roll A. [...]35. Bu [...]sti. 174. 3 K [...]ble, [...]97. or by the justices of the peace*. And suit and service to a leet is not sufficient to excuse a man from serving the office without special custom.

[Page 40]And if A. 1 Roll A. 535. serve for a year, and the jury for the hundred according to the custom present B. and the steward refuse to swear him, but continue A. a writ out of the Kings Bench may be directed to the steward to swear B. and if there be good cause to re­fuse him, it may be returned to the court.

Power. He may hold petty or statute sessions (for the hir­ing of labourers and servants of husbandry) according to ancient usage.5 Eliz. c. 4.

It is doubtful whether he can arrest for breach of the peace,1 Salk. 381. Cro. Eliz. 375. 376. or take surety of the peace even by obliga­tion; much less a mans oath that he is in fear of his life.

He is said to be an officer within the mutiny act for billeting of soldiers.1 Black. R. 350. 3 Bur. 3262. (But vide the act, § 1.) And may occasionally make a deputy, whose acts in his principals absence will be good.

Duty. He is to present those who in upland towns har­bour strangers for whom they will not answer;13 E. 1. c. 6. and also such sheriffs or bailiffs as do not follow the cry of the country.

And is to deliver the lists of persons qualified to serve on juries,3 G. 2. c. 25. which he shall receive from the constables at the quarter sessions, attesting the receit on oath.

He is on receiving notice of any robbery to make fresh suit and hue and cry after the felons;8 G. 2. c. 16. and is to defend any action brought by one who has been robbed against the hundred; and is to give public notice of being served with process.

And is to collect the county rate; and pay it over to the county treasurer,12 G. 2. c. 29. or account for it at the sessions.

[Page 41] 17 G. 2. c. 5. And was to pay to the petty constable the rate or allowance ascertained by a justice of peace's certifi­cate for the conveyance of vagrants; which was to be allowed him by the county treasurer, on passing his ac­counts. But such rate or allowance is now to be paid immediately by the said treasurer.

If he hear any person swear or curse,1 [...] G. 2. c. 21. he is, if a stranger, to seize him and carry him before the next justice, &c. or if known to him, make information before such justice, &c. to be convicted and punished*.

Is to forward, or give notie of the orders of the lieutenant,26 G. 3. c. 107. or deputy lieutenants, to the constables.

And in Westminster and places adjacent,30 G. 3. c. (Annual.) when re­quired, may billet the foot guards; and on the issuing of any order for that purpose shall deliver out precepts to the constables within his division to billet the said guards.

Punish­ment. If he fail,3 & 4 Ann. c. 18. in obedience to the sessions warrant, to issue his precept to the constable within his hundred to convene an meet him, to prepare lists of persons qualified to serve on juries, he forfeits £. 10.

If he neglect or refuse to collect,12 G. 2. c. 29. account for, or pay over, the county rate, he is to be sent to jail until it is done.

If he refuse or neglect to pay the reward of ten shillings for apprehending vagrants on demand,17 G. 2. c. 5. the justice may levy twenty shillings by sale of his goods, out of which it is to be paid.

[Page 42]Wilfully omitting the performance of his duty,19 G. 2. c. 21. in seizing or informing of persons who swear or curse in his hearing, he is to forfeits forty shillings, or be sent to the house of correction.

Refusing or neglecting to return the lists directed by this act,26 G. 3. c. 107. § 30. or to comply with the orders of the de­puty lieutenants, he is to be committed to jail for a month, or fined from 40s. to £ 5.

Neglecting or refusing to execute the warrants for providing carriages for soldiers,30 G. 3. c. (Annual.) he is to forfeit from twenty shillings to forty shillings. And if he neglect or refuse (for two hours) to billet soldiers, or receive, de­mand, or agree for any reward to excuse persons from quartering, he is to forfeit from forty shillings to £ 5. This seems to be intended of "Westminster and parts adjacent." (See p. 40).

He is removeable by the justices of the peace,Bulstr. 174. 1. Salk. 150. if there be cause for it.

Indemnity.No person shall have an action against any hundred for robbery,8. G. 2. c. 16. unless he, before the secondary of the Kings Bench, the filazer of the Common Pleas, or the sheriff of the county, (inter alia) enter into a bond to the high constable (who is to defend the action) for securing the payment of his cost; such bond to be delivered over upon request to the high constable; and no process of execution is to be served upon him; and his expences to be paid out of the assessment.

Privil [...].Mr. Dalton says he had seen a MS. said to be a collection of Sir Nicholas Hide of the office of a jus­tice of peace;J. P. 57. wherein was said, that it was resolved by all the judges of England, (Trin. 5 Car. 1.) that jus­tices of peace at sessions may not compel the consta­bles of hundreds to attend at the quarter sessions, and [Page 43]to present offenders upon oath; otherwise it is as to the assizes, &c.

2 Jones, 46.He shall be discharged from serving the office of collector of the poors rate during his office*.

APPENDIX.

No I. THE CONSTABLES OATH.

YOU shall swear, That you will well and truly serve our Sovereign Lord the King in the office of constable for the township of C. within this manor [hundred or county] for the year now next ensuing, or until you shall be thereof discharged by due course of law: You shall see the kings peace kept, and keep all such watch and ward as are usually accustomed, and ought to be kept; and you shall well and truly do and execute all other things belonging to the said office according to the best of your knowlege.

So help you God.

No II. COMMAND OR PROCLAMATION FOR RIOTERS TO DISPERSE.

OUR Sovereign Lord the King charges and commands all persons here assembled, immediately to disperse themselves, and peaceably depart to their habitations, on pain of imprisonment.

No III. FORM OF AN OBLIGATION TO BE TAKEN BY A CONSTABLE FOR KEEPING THE PEACE.

KNOW all men by these presents, That I A. B. of C. in the county of D. labourer, am held and firmly bound unto E. F. yeo­man, constable of the township [manor, &c.] of C. aforesaid, in the sum of £. 40, to be paid to the said E. F. or his certain at­torney, executors, administrators or assigns, for which payment to be well and faithfully made I bind myself, my heirs, executors and administrators, firmly by these presents, seal­ed with my seal. Dated this first day of July, in the 30th year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, and in the year of our Lord 1790.

THE condition of the above-written obligation is such, That if the above-bounden A. B. shall [per­sonally appear at the next general quarter sessions of the peace to be holden in and for the county of D. to do and receive what shall be then and there enjoined him by the court, and in the mean time shall] keep the peace [and be of the good behaviour] toward the king and all his liege people, and especially toward G. H. of C. in the said county, yeoman, then the said obligation to be void, or else to remain in full force and virtue.

Signed, seale, and delivered in the presence of

No IV. OATH OF THE APPRAISERS OF GOODS DISTRAIN­ED FOR RENT, TO BE ADMINISTERED BY THE CONSTABLE.

YOU shall swear that you will faithfully appraise and value the goods now taken in distress, and men­tioned in the inventory to you shewn, as between buyer and seller, according to the best of your skill and understanding.

So help you God.

No V. APPOINTMENT OF A DEPUTY.

I A. B. constable of C. in the county of D. do hereby make, substitute, and appoint E. F. of the same place, yeoman, my true and lawful deputy in the office aforesaid so long as I shall hold the same: or thus—during the continuance of my will and plea­sure (or for any particular purpose). Dated, &c.

THE SONG of a CONSTABLE: Made by JAMES GYFFON, Constable of Alburye [in Surry], Anno 1626.

To the tune of "Jump to me Cossen." (Now first printed.)
I A constable haue tooke myne oath;
By which shall plaine appeere
The troth and nothing but the troath,
Whoseuer my song will heere.
One greate constable of Ingland was,
Another late should haue ben;
But litle ones now is found will serue,
So they be but honnest men.
A constable must be honest and just;
Haue knowledge and good reporte;
And able to straine with bodie and braine,
Ells he is not fitting for 't.
Some parish puttes a constable on,
Alas! without vnderstanding,
Bycause they'd rule him when they haue done,
And haue him at their commaunding,
And if he commaunds the poore they'le grutch,
And twit him with partial blindnes;
Againe, and if he commaunds the rich,
They'le threaten him with vnkindnes:
[Page 48]To charge or compell 'um, hee's busie they'le tell 'um;
In paying of rates they 'le brawle,
Fall he but vnto, do that he should do,
Ile warnt you displease them all.
Whip he the roagues* they'le raile and they'le curse:
Soldiers as rude cause they are
Sent to the treasurer with their passe†,
And my not beg euery where.
If warrantes do come, as often they do,
For money, then he it demaundes,
To eu'yre one with 's rate he does go,
Wherein they are leuied by landes:
They 'le say then he gaters vp money of others,
To put to vse for increase;
Ells he gathers it vp, to run awaye wu't:
What terrible wordes be these!
Hearing a presse for souldiers theyle start,
Ells hide them selues when we come;
Their wiues then will saye, to presse wee yee maye:
Our husbands are not at home‡.
[Page 49]Coyne for magazens sent for in hast;
Much ado was eare they yeilded,
Yet's gather'd and paid; and I am afraid
They will not in hast be builed.
The justices will set vs by the heels
If wee do not do as we should;
Which if we performe the twonsmen will storme;
Some of them hang's if they could,
The constable's warnde to th' sessions then,
Vnwilling some goes, alas!
Yet there may wit and experience lerne,
If that he be not an asse.
There shall he see the justices set,
Here three of O yeses, and
Then shall he here the commission read,
Though little he vnderstand*.
Our free landed men are called for in then,
To be of the great inquest,
The chief of our townes, with hoare on their crownes,
That what should be done knowes best.
Choice men of euerye towne in the sheire,
Three juries their must be more,
Cald vnto the booke with "here, sir, here!"
The wisest of twentye before;
[Page 50]Then there shall he see whom hath transgrest
Punished for his offence,
There shall he here a number amerc't,
Along of their negligence:
What things are amisse, what doings there is,
Justices charge them enquier,
Fore clarke of the peace and baylies at least
A dozen besides the crier.
Verdicts must come from these juries then,
But howsoeare they endite them,
Theyle not be tooke till next day by ten,
Vnlesse that their clarkes do wright them.
Ruff wordes or smooth are all but in vaine,
All courts of proffit do savour,
And though the case be neuer so plaine,
Yet kissing shall go by fauour:
Theyle punish the leastest, and fauour the greatest,
Nought may against them proceede,
And who may dare speak against one that is great,
Lawe with a powlder indeede!
But now my constableship's neare done:
Marke hearers, sayers and singers,
There is not an officer vnder the sunne
But does looke through his fingers.
Yet where I see one willing to mend,
Not prating nor making excuses,
Such a one if I can Ile befreind;
And punish the grosse abuses.
My counsel now vse, you that are to chuse,
PUT ABLE MEN EUER IN PLACE;
FOR KNAUES AND FOOLES IN AUTHORITYE DO
BUT THEMSELUES AND THEIR COUNTRIE DIS­GRACE
FINIS.

ERRATA.

Page xxii. for ordnance, read ordinance.

Page xxvi. after l. 9. insert:

Now bi Christ, quod the kyng, and I catch might
Fass or Fauel, or anie of there feeris,
I wosde be wroken of tho wreches that worken th [...]s ii,
And done hem hang bi the hass, and as that hem meintey­neth;
Shal neuer man of thys mosde may upryse the leest,
But ryght as the law wos soke, set fas on hem as
And commaunde a CONSTABLE that 'cam' at the fyrst,
To attache tho tyrauntes for any thyng ihote,
And fetter fast Fassnes for any kynnes gyftes,
And gyrde of Gyles hed, and set hym go no f [...]rther;
And if ye cache Lyer, let him not escape,
Or he be put on the pisserye for any prayers ihote,
And bringe Mede to me in mauger them all.

And add Again, in a different place: and in the note, after Fo. insert xi.

l. 14. for This passage is read These passages are.

l. 17. after time, make the period a comma, and read or cut off their heads; and, in that and the next line, for it is, read they are.

l. 23. add And, indeed, that the supposition is groundless will appear from another passage, where our officer is found in very good com­pany, it is true, but in his ordinary occupation.

Shas neither kinge ne knyght, CONSTABLE, nor mayre,
Ouerseade the common, ne to the courte sommone,
Ne put hem [in] panel, to done hem psight her truth.

(Fo. xvi, b.)

  • 4. for 1 Mod. 42. r. 6 Mod. 42.
  • for Freeman 256. r. 12 Mod. 256.
  • 5. after Styles, 362. add Barnard. 51.
  • after (Noy 112.) add Mar. 30.
  • 6. for Mod. 13. r. (1 Mod. 13.)
  • 26. for Freeman, 256, r. 12. Mod. 256.
  • 27. for 20 and 30, r. 30 and 40.
  • 32. for Forster r. Foster.
  • 48. for eu'yre, r. eu'rye.
THE JURISDICTION OF …

THE JURISDICTION OF THE COURT-LEET.

THE JURISDICTION OF THE COURT-LEET: EXEMPLIFYED IN THE ARTICLES WHICH THE JURY OR INQUEST FOR THE KING IN THAT COURT IS CHARGED AND SWORN, AND BY LAW ENJOINED, TO ENQUIRE OF AND PRESENT.

TOGETHER WITH APPROVED PRECEDENTS OF PRESENTMENTS AND JUDGEMENTS IN THE LEET; AND A LARGE INTRODUCTION, CONTAINING AN ACCOUNT OF THE ORIGIN, NATURE, AND PRESENT STATE, OF THIS INSTITUTION.

VELUT UMBRA.

LONDON: PRINTED FOR WHIELDON AND BUTTERWORTH, IN FLEET-STREET; AND P. BRETT, OPPOSITE ST. CLEMENT'S CHURCH, IN THE STRAND.

M.DCC.XCI.

ADVERTISEMENT.

IT was originally intended that the compilers publica­tion on the subject here treated of should have comprised all that, to his knowlege, had been said, or in his judge­ment, could be said, upon it. Large collections were made for the purpose, and the work partly proceeded in; but the bulk of the volume, and the scanty sale it was likely to experience, effectually discouraged him from proceeding with that plan, and produced the Introduction and Analysis now presented to the public.

INTRODUCTION.

TO the concise view attempted in the following pages of the jurisdiction of the Court Leet it may not be improper to prefix a few words upon the name, antiquity, nature, and present state of this ancient and venerable tribunal.

I. The name or stile of this court,NAME. as formally entered in its own proceedings, is the "Court Leet and View of Frankpledge." The word Leet,—which, it is very remarkable, is to be found neither in the Saxon law, nor in Glanvil, Bracton, Britton, Fleta, or the Mirror, our most ancient law writers, nor in any statute prior to the 27th year of King Ed. III.(1) though it is allowed to occur in the Conquerors charter for the foundation of Battle Abbey, and not unfrequently in Domesday book(2),—seems to be derived from the Saxon leoð plebs; and to mean the populi curia, or folk mote, as the Sheriffs tourn or Leet of the county (at least) appears to have been once actually called(3); in contra­distinction, perhaps, to the Halmote or Court Baron, [Page vi]which consisted of the free tenants only, who, being few in number, might conveniently assemble in the Lords Hall; whereas the Leet, which required the attendance of all the refiants, and concerned the administration of public justice, was, as there will be hereafter occasion to mention, usually held in the open air. The "view of Frankpledge," visus franciplegii, means the examination or survey of the freepledges, of which every man, not particularly privileged, was anciently obliged to have nine, who were bound that he should be always forth­coming to answer any complaint. The better to under­stand this we are to be informed that the kingdom being divided into countys or shires, and each county into hundreds, and each hundred into tithings, each tithing containing ten families or households, the heads of these families were reciprocally bound and responsible for each other; so that, in fact, of every ten householders through­out the kingdom each man had nine pledges or sureties for his good behaviour(4). This is the famous system of King Alfred, so much applauded by both ancient and [Page vii]modern writers; which produced such singular effects among a barbarous and disorderly people, that a man might have hung his purse by the side of a public road, and found it untouched a month after; or might have ridden, with much treasure, and no other weapon than a white wand, from one end of the kingdom to the other(5). Since, however, this so excellent and admirable institution is, from whatever cause, sunk into total disuse, there not having been any freepledges in the kingdom for two or three centuries, the words "View of Frankpledge" in the stile of the court seem now altogether unnecessary and improper. It is also called a Lawday (6).

ANTIQUITY. II. That the Leet is "the most ancient court in the land" (for criminal matters, that is, the Court Baron being of no less antiquity in civil) has been pronounced by the highest legal authority(7). For though we do not meet with the word among the Saxons, there can be no doubt of the existence of the thing. The venerable chief justice who lately retired from the elevated situation [Page viii]in which he had so long presided found this court "coeval with the establishment of the Saxons here," and its activity "marked very visibly both amongst the Saxons and the Danes(8)." In those times whoever possessed a vill or territory, with the liberties of soc, sac, &c. (a long string of barbarous words) was the lord of a manor, had a court leet, court baron, and, in a word, every privilege which it seems to have been possible for the monarch to bestow, or for the subject to acquire(9).

III.NATURE. The Leet is a court of record for the cognisance of criminal matters, or pleas of the crown, and necessarily belongs to the King; though a subject, usually the Lord of a Manor, may be and is entitled to the profits, consisting of the essoign pence, fines and amerciaments. It is held before the Steward, (or was, in ancient times, before [Page ix]the Bailiff)(10) of the Lord, that is, of the person intitled to the perquisities of Court, whether king or subject. This officer, who should be a barister of learning and ability(11), is judge of record(12) may take recognizance of the peace(13), may fine(14), imprison(15), and, in a word, "as to things to which his power extends, hath equal power with the Justices of the Bench(16)." In one instance, at least, he has even more; for, if he should be in want of jurors, he may compel a stranger who is riding along the highway to alight and be sworn(17); which, it is conceived, the Lord Chief Justice of England, in all the plenitude of his authority, cannot do. It is held sometimes once, some­times thrice, but, most commonly, twice in the year; that is, within a month after Easter, and a month after Michaelmas(18); and cannot, unless by adjournment, be held at any time not warranted by ancient usage. As to the place in which it is held, that, it has been said, may be any where within the precinct(19); but, more [Page x]strictly speaking, ought to be certain and accustomed(20). Formerly, either for the convenience of the suitors, or from an excellent principle of the common law, that courts of justice should be as public as possible, if used to be held in the open air, upon a fair green, on the side of a hill, or under a large tree(21). All persons above the age of twelve years, except peers, clerks, women, and aliens, resiant within the district, whether masters or servants, owe personal suit and attendance to this court, and ought to be here sworn to their fealty and allegiance(22); and here also, by immemorial usage and of common right, that most ancient constitu­tional officer the Constable(23), and sometimes, by prescription the Mayor of a borough(24) are elected and sworn. The general jurisdiction of the court will appear form the following pages to extend to all crimes, offences and misdemeanors at the common law, as well as to several others which have been subjected to it by [Page xi] [...]ct of parliament(25). These are enquired after by a body of the suitors, elected, sworn and charged for that purpose, who must not be less than twelve, nor more than twenty three; and who, in some manors, continue in office for a whole year, while, in others, they are sworn and discharged in the course of the day. Whatever they find they present to the Steward; who, if the offence be treason or felony, must return the presentment (in these cases called an indictment) to the kings justices(26): in all other cases he has power, upon the com­plaint of any party grieved, or upon suspicion of the con­cealment of any offence, to cause and immediate enquiry into the truth of the matter by another jury(27). But the presentment, being received, and the day passed, shall be held as true and sacred as the Gospel, and, unless it con­cern the partys freehold, shall not be shaken or questioned by any tribunal whatever(28). Upon every presentment [Page xii]of the jury retained by Court, an amerciament(29) follows of course, which is afterward, in open court(30) agreeable to Magna Charta(31) assessed by the pares curia, that is, the peers or equals of the delinquent, affeered [...] reduced to a certainty or to a precise sum, by two or more suitors sworn to be impartial(32). The amerciaments thus ascertained are then estreated (or extracted) from th [...] roll or book in which the proceedings are recorded, and levyed by the Bailiff, by distress and sale of the party goods(33), by virtue of a warrant from the Steward [...] [Page xiii]that effect(34); or may be recovered by other means(35). This practice, in substance at least, is of prodigious anti­quity; and is, perhaps, the only perfect representation still [Page xiv]extant of the criminal part of the constitution. Before the conquest, and probably for some time after, this court of the Leet was, if not the sole, at least the most usual dispensary of criminal justice in the kingdom. No crime, in those remote ages, appears to have been punished by death, unless it were that of open theft, where the offender was taken with the mainour, that is, with the thing stolen upon him;—and of this crime, and this only, the cogni­sance did not belong to the Leet(36) All other offences, of what nature or degree soever, subjected the party to a mulct or pecuniary fine, which was, in many cases, de­terminate and fixed. "For two hundred shillings," observes an ingenious writer, "you might have killed a peasant; for six times as much a nobleman: for six-and-thirty times as much you might have killed the king. A king in those days was worth exactly 7,200 shil­lings(37)." This pecuniary composition, with respect to certain capital offences, was abrogated, and the punish­ment of death substituted in its place, by K. Henry I.(38) [Page xv]How far this alteration might affect the Leet we are not now able to discover. But it is not improbable that the distinction of indictments for felonies, and presentments of inferior offences, owes its origin to the above measure. It is still doubtful, however, what became of a person indicted at the Leet for a capital offence before the in­troduction of the petty jury (as it is now called) in the reign of Edward I. or Henry III.(39): as it should seem that supposing an indictment, positively affirming such a one to have committed a capital crime, had been returned to the kings justices at the iter or jail delivery(40) the punishment must have been awarded without further pro­cess, or any plea, traverse, or answer, from the party; of course, that they had nothing to do but to pronounce sentence of death: a presentment of any fact upon the oath of twelve men, judicially appointed to enquire there­of, being always conclusive by the ancient law; as, indeed, it is, in many cases, particularly with respect to offences [Page xvi]of which the enquiry, as well as the punishment, still belongs to the Leet, at this day(41)

It has been said by Sir Edward Coke, and repeated by the noble judge already mentioned, that, by the clause Nullus vicecomes, &c. in the Great Charter(42), "the [Page xvii]jurisdiction of the Leet was abridged, its power to hear and determine taken away;" but it has been said and repeated without due attention either to the nature and constitution of the Court, or to the law of the time. No offence, it is well known, is at this day, or, for aught that appears, ever was, heard and determined in the Leet,—nor, before the period refered to, by any other criminal court in the kingdom,—otherwise than upon the presentment of twelve men,—or what we now, in most courts, call the Grand Jury. This presentment, as has been already observed, found and established the fact; and judgement, whether of misericordia, mutilation or death, followed as an incident or matter of course, precisely, indeed, as the punishment does at this day on the ver­dict for the king of the petty jury. In fact, therefor, the jurisdiction of the Leet was not in the least abridged or affected by that charter; nor is it at all probable that the Barons would either seek or suffer the diminution of their own privileges, of which, on the contrary, there is an express saving.

That this court has no power to enquire of the death of a man, or of rape(43), is a more ancient, but not less erroneous, opinion. The contrary is most directly and expressly held in the Statutum Walliae, in Britton, Fleta, the Mirror, and the statute (or whatever it is) of 18 Ed. 2. all much older and better authorities than the book of Assises(44), in which that opinion first appears. If, in­deed, [Page xviii]the reason of the exception be that the enquiry of these two crimes belonged properly to the Coroner, it may be readily admitted without impeaching the jurisdic­tion of the Leet. The Coroner took cognisance of death super visum corporis, and of rape, as well as other offences, by appeal only. It follows, therefor, that in every in­stance, either where he could not, or did not, act, the enquiry must be in the Leet, otherwise the offender should have escaped without punishment, which would be absurd. They who suppose Rape, as a felony, to be excepted, be­cause it has been made so by act of parliament, and allow it to be enquired of as a trespass(45), seem to have forgot that it is a trespass by act of parliament(46) and a felony at common law(47); they should have also recollected the general rule, that where a trespass is by statute turned into felony the trespass is merged(48).

It is indeed unaccountable how such groundless assertions come to be made. There is no point better settled than that the Steward of a Leet may award to prison persons either indicted, or accused, of felony, before him, or [Page xix] [...]uilty of any contempt in the face of the court. And [...]et lord Coke has not hesitated to assert that the Leet, [...]hough a court of record, hath no power to imprison(49); [...]n assertion in which he is positively contradicted by every [...]uthority ancient or modern(50). These errors are, pro­bably, owing to the imperfect knowlege judges and law­yers are content to acquire upon certain uprofitable sub­jects. "From Magna Charta, to this time," says the [...]ate illustrious chief, Courts Leet "have been always abridged, never enlarged (51)." It is an incontestable fact that the jurisdiction of the Leet has been enlarged by several statutes, and was never abridged by one (52).

PRESENT STATE. IV. Though the Leet, from being principal cri­minal court in the kingdom, is now considered as the [...]owest, the greater part of its business having been trans­fered to other more extended jurisdictions, yet it must not be supposed that the power and authority of the court is thereby diminished and gone. On the contrary, there is no offence which it ever did or could enquire of and [Page xx]punish, which it may not equally enquire of and punish at this day. That the tourn and the leet have been so long in a declining way is not, however, at all owing to the cause refered to by a learned writer(53), i. e. the dis­charge granted by the statute of Marlbridge (in which, by the way, the Leet is not mentioned) to all prelates, peers, and clergymen, from their attendance on these courts; since the county court and court baron, which they are still com­pellable to attend (at least by attorney), are scarcely in a more flourishing condition. Neither is it perfectly clear that "experience has shewn the wisdom of widening the circle of both civil and criminal jurisdiction"(54). Changes may be for the worse as well as for the better. True it is that the business of the Leet hath for the most part gra­dually devolved upon the quarter sessions(55); but many reasons may be given for this circumstance much more plausible than those already mentioned. In the first place the increased population, and more commercial turn of the country, and the consequent increase of offenders and of­fences, required the dispensaries of justice to be, if not always, at least frequently, open: whereas the Leet is seldom held more than twice, and sometimes but once, in the year; though it may certainly be kept open by ad­journment from month to month, from week to week, or even from day to day. Secondly, the jurisdiction of this court is, upon whatever principle, confined to offences at the common law, which are become less numerous than those created by act of parliament. A third reason may be, the Steward of a Leet seldom resides upon the spot; justices of peace, on the contrary, are every where to be [Page xxi]met with, and by keeping, in a manner, open shop, make their profession and powers familiar to the people, who love to buy law, one would think, as they do any other commodity. The learned commentator is therefor in the right where he reckons "the almost entire disuse and contempt of the court-leet, and sheriffs-tourn, the kings ancient courts of common law; formerly," he observes, "much revered and respected," among the mischievous effects of the change in the administration of justice, by [...]ummary proceedings before justices of the peace(56): a change which, as it places the liberty and property of the subject in the power of a single, too often an insolent and oppressive, and not unfrequently an interested and corrupt man(57), as it is destructive of trial per pares (58), and only favorable to a system of tyranny and arbitrary power, cannot be sufficiently reprobated.

[Page xxii]To the circumstances already noticed may be added the practice adopted in the quarter sessions, and other superior courts, of allowing and trying a traverse to the Grand Jurys presentment(59); a proceeding to which, whethe [...] it be good or bad, the primitive constitution of the coun­try is an utter and total stranger. It gives occasion, how­ever, to a number of offices, a long list of fees, and af­fords employment to a multitute of lawyers and attorneys; a description of men unknown to the tourn or leet; on [...] may add also, in former times, to the country court an [...] court baron, and consequently to the ancient law, which was too simple to need their interference, and, possibly, too just to suffer it(60). The proceedings in the Lee [...] [Page xxiii]are without expence; the suitor pays no fees; and advo­cates or attorneys, of course, never enter it. A public-spirited prosecutor cannot here be at a charge of forty or fifty pounds to get an offender (in whose punishment he is no more concerned than any other member of society) fined so many shillings, or perhaps pence(61); nor will one of a different disposition find in this court an oppor­tunity of gratifying his malice. The punishment of the guilty is not aggravated, nor the acquittal of the innocent purchased, by the payment of heavy costs, or court fees. Twenty-three men do not here, upon their oath, find a man guilty of an offence of which twelve others, likewise upon their oath, immediately afterward acquit him; nor do those who are sworn to enquire with diligence, and present the truth, refuse to hear half the evidence. In fine, public justice is not in this court sacrificed to private [Page xxiv]lucre, nor a criminal process turned into an action fo [...] damages(62).

The peculiar excellence of this most ancient and re­spectable tribunal is, that it does what is usually called every bodys business and nobodys business. The juro [...] [Page xxv]are to enquire of such offences or disorders as may happen within their own neighbourhood, under their own obser­vation; [Page xxvi]in order that, if they cannot be avoided by timely interference, an adequate penalty may prevent their rep [...] ­ [...]tion. [Page xxvii]They are to be themselves vigilant; to see with [...]eir own eyes; to hear with their own ears; and, if the evidence of others should, as it may sometimes, in offences [...]lready committed, happen to be necessary, to receive it [...]partially(63). A jurisdiction of which the end is jus­ [...]ce will abhor the use of baseness in the means to attain [...]: this of which we are now speaking affords neither [...]ncouragement nor countenance to a common informer, [...]ho seems to be to Law, what the jackall is said to be to [...]e Lion,—a servile and dependent monster, employed to [...]scover and hunt down the prey of an indolent and vora­ [...]ous tyrant.

To conclude: Whether it be now too soon—for it [...]eems impossible that the day should never arrive when [...]he people at large will be convinced that even (what is [...]alled) law may be unjust, tyrannical and oppressive, and [...]hat it is essential to their happiness to have justice admi­ [...]istered, in its utmost simplicity, free of expence, and as [...]ear as possible to their own doors—But whether it be [...]oo soon or too late to expect that the Leet, however [...]enerable for its antiquity, honorable for its constitutional [...]rigin, excellent in its institution, and useful in its effects, [Page xxviii]should ever recover its ancient influence and extende [...] jurisdiction,—unless by a remedy which might prove eve [...] worse than the disease,—the introduction of fees, pleading lawyers and attorneys,—it is, at the same time, much [...] be desired that the exercise of those powers which it [...] still retained, and which apply to the punishment and pre­vention of such offences as, being the most frequent, a [...] possibly the most generally injurious, or, at least, vexa­tious, may be enforced with vigour and efficacy, and society thereby receive a benefit which is only undervalue perhaps, because it is not paid for, and its source too litt [...] beholden to distance and mystery,—qualitys, it would seen equally necessary to ensure reverence to Religion and [...] Law.

THE JURISDICTION OF THE COURT-LEET, &c.

I. CRIMES.

TREASON. HIGH TREASON; [...]itton, c. 29. [...]. Wal. 12 E. 1. at. 18 E. 2. H. 6. 12. H. 6. 44. H. 6. 7. E. 3. st. 5. c. 2. [...]chin. 16. 100. Hale P. C. 91. [...]aw. P. C. 105. that is, the compassing or imagining of the death of the King, Queen, or Prince, declared by some overt act;—the violation or carnal knowledge of the Kings Consort, his eldest daughter unmarryed, or the Princes's wife;—the levying of war against the King;—the adhering to his enemies within the land or without, declared by some overt act;—the counterfeiting of his great or privy seal, or of his money; or the bringing of counterfeit money into the realm;—the kill­ing of the chancellor, treasurer, justices of either bench, in eyre, of assise, or oyer and terminer, being in their places, doing their offices; [...]le P.C. 235.—the receiving of a traitor knowingly; the voluntarily permitting of him to escape; or the breaking of the Kings prison to enlarge him.

[Page 2]Petit Treason;2 [...] E. 3. st. 5. c. 2. Br. Leygag. 99. Modus tenendi curiam Baronis, &c. 1533. 4, b. Kitchin. 16. that is, the killing, by a servant, of his master or mistress; by a wife, of her husband; or, by a clergyman, of his prelate or superior (except where it is or may be found by the Coroner).

FELONY. The washing or clipping of gold or silver money.22 E. 4. 22. Br. Leete. 26. Mod. tenen. cu. Bar. 4, b. Kitchin. 16. [Made High Treason by 3 H. 5. c. 6. rep. by 1. Ma. st. 1. c. 1. rev. by 5 Eliz. c. 11.]

Murder;Stat. Wal. Britton, c. 29. Kitchin. 17. 2 Haw. P.C. 105. that is, the killing of a man with malice express or implyed (except as above).

Manslaughter;Ibi. that is, the killing of one without malice (except as before).

Involuntary,Ibi. or excusable, homicide, or chance medley; that is, the killing of a man per infortunium, by misadventure, against or besides the will of the killer, or se defendendo (except as above).

Mayhem;Fleta. l. 2. c. 52. Staun. P. C. 38, b. Kitchin. 16. that is, the depriving a man of the use of such of his members are neces­sary in fight, either to defend himself or to annoy his adversary, as his eye, tongue, fore­tooth, hand, finger, testicles, &c.

Rape;Glanvill. l. 14. c. 6. Bracton. l. 3. t. 2. c. 28. Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Stat. 18 E. 2. Staund. P. C. 21, b. Mod. tenen. cur. Bar. 7. Kitchin, 17. 100. 3 Inst. 60. 2 Hawk. P. C. 105. that is, the carnal knowledge of a woman, by force and violence, against her will.

[Page 3]Arson;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mo [...]te cu. Bar. 5. Kitchin. 17. 100. 1 Hale P.C. 566. that is, the malicious and voluntary burning of the house or outhouse of another, by night or day.

Hamsoken;Stat. Wal. Brit. c. 29. Mirror. c. 1. § 11. Stat. 18 E. 2. 1 Hale. P.C. 548. Lye. Dic. Sax. v. Hamso [...]n. that is, the breaking or inva­sion of a house, by day or night.

Burglary;Brit. c. 29. Mo. ten. cu. Bar. [...]o, b. Kitchin. 17. 100. that is, the breaking into a dwel­ling-house in the night time, with intent to commit a felony.

Robbery;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mo. te. cu. Bar. 7. Kitchin. 17. 100. [...] Hale. P.C. 532. that is, the feloniously and vio­lently taking of any money or goods from the person of another, putting him in fear, be the value above or under one shilling.

Larceny;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1 § 17. Mo. te. cu. Bar. 5. Kitchin. 17. 100. that is, the stealing or fraudulently taking and carrying away of money, cattle, goods, or other personal thing, above the va­lue of twelve pence.

Petit Larceny;Stat. Wal. Britton. c. 15. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Mo. te. cu. Bar. 5. Kitchin. 18. 102. that is, the stealing or fraudu­lently taking and carrying away of money, geese, hens, or other personal thing, of or un­der the value of twelve pence;

The taking of doves or pigeons either out of a dove-house,Stat. Wal. Brit. c. 29. Stat. 18 E. 2. Kitchin. 18. 102. by night, or flying from it, or in winter by snares;

The voluntary permission of a gaoler to the escape of a felon in his custody; [...]leta. l. 2. c. 52. Kitchin. 18. 102. the rescuing of a felon in custody; the escape of a felon, either without force, or by breach of prison [Page 4]or other violent means; or the receiving of a felon knowingly.

The returning of outlaws,Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Mo. ten. cu. Bar. 5. 11. exiles, and per­sons who have abjured the realm, without warrant;

The being accessary to petit treason or fe­lony (not petit larceny);Mirror. c. 1. § 17. 1 Hale. P.C. 540. 4 Blackst. Com. 36. 37. that is, either before the fact, in procuring, counseling, or com­manding another to commit a crime, and be­ing absent at the commission thereof; or after the fact, in receiving, comforting, or assisting the criminal, knowing him to be such.1

II. MISDEMEANOURS.*

MISPRISIONS, CONTEMPTS, AND OFFENCES AGAINST THE KING OR THE LORD. MISPRISION of Treason and Felony;Blackst. Com. 20. 121. that is, the knowlege and concealment of those crimes.

The concealing of treasure-trove.Blackst. Com. 21. Vide post.

The disclosing by a juror, [...]bi. 126. to a person in­dicted, of the evidence against him.

The withdrawing or withholding of suit to the court;Britton. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. [...]at. 18 E. 2. which is due by all of twelve years and upward, not being peers, prelates, clerks, women, or aliens, resiant a year and a day. Such resiants not being sworn to their fealty or allegiance.Mirror. c. 1. § 17. [...]at. 18 E. 2. [...]o. te. cu. Ba. 6. Kitchin 103.

The withdrawing, [...]at. Wal. Brit. c. 29. [...]leta. l. 2. c. 52. withholding, concealing, or alienating of the Kings rights.

[Page 6]The accroaching or appropriating of rights royal,Stat. Wal. without warrant; as gallows, amends (or cognisance) of the assise of bread and ale broken, plea of replevin, and the like.

The claiming of franchises or rights royal;Brit. c. 29. and the raising of new franchises, customs, or rights.

The withdrawing of customs and services due to the court.Stat. 18 E. 2.

Every purpresture or incroachment upon the King or the lord.Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Mod. tenen. cu. Bar. 6, b. 2 Hawk. P. C. 106.

The disturbing of the administration of jus­tice,1 Haw. P.C. 58. by a direct contempt offered to the court.

OFFENCES AGAINST PUBLIC JUSTICE. The obstructing of the execution of lawful process;Mirror. c. 1. § 17. 4 Blackst. Com. 129. or the disturbing of the Kings of­ficers in the execution of their duty.

Hue and Cry;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Kitchin. 101. 3 Inst. 118. or other offender, by fresh suit, rightfully raised, not pursued.

The negligent escape of a felon.Fleta. l. 2. c. 52.

The breach of prison by one lawfully con­fined (not for treason or felony).Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. 4 Blackst. Com. 130.

The rescue of one lawfully arrested or con­fined (not for treason or felony).Mod. tenen. cu. Bar. 5, b. Kitch. 21. 101. 4 Blackst. Com. 131.

[Page 7]The retaining of a felon elsewhere than in the Kings prison beyond a day and a night.Brit. c. 29.

The receiving of stolen goods, [...]at. Wal. [...]it. c. 29. knowing them to be so.

The going in message for thieves or felons, [...]tat. 18 E. 2. [...]o. te. cu. Bar. 5. Kitchin. 21. as to procure them victuals, &c.

Theft-bote; [...]tat. Wal. [...]rit. c. 29. [...]leta. l. 2. c. 52. Mirror. c. 1. § 17. that is, the receiving, by any one, of his goods when stolen, or the taking of other amends not to prosecute the thief.

The unjust detention of persons bailable, [...]leta. l. 2. c. 52. and the dismission of those not so.

Forestalls; [...]tat. Wal. Mirror. c. 1. § 17. Kitchin. 20. that is, the rescous or rescuing of beasts distrained, in their way to the pound.

Pound-breach; [...]tat. Wal. [...]rit. c. 29. Mirror. c. 2. § 26. Kitchin. 20. Haw. P.C. 106. that is, the breaking of the common pound, and taking any distress there­out.

Barratry;Kitchin. 20. that is, the exciting and stirring up of suits and quarrels between his Majestys subjects, either at law or otherwise.

Maintenance;Haw. P.C. 249. Blackst. Com. [...]4. that is, the officiously stirring up or interfering in quarrels or suits, or the maintaining or assisting of either party with money or otherwise to prosecute or defend.

Champerty;Haw. P.C. 156. that is, the unlawful mainte­nance of a suit, in consideration that the champerter shall have part of the lands or thing in dispute, or part of the gains.

[Page 8]The buying of titles;1 Haw. P.C. 161. that is, doubtful or disputed titles to land.

Conspiracy;3 Inst. 143. 4 Blackst. Com. that is, a combination of two or more to indict an innocent man of felony, falsely and maliciously, and who is accordingly indicted and acquitted.

Perjury;1 Hawk. P.C. c. 69. that is, a wilful false oath in any proceeding in a court of justice*.

Subornation of perjury; that is, the pro­curing of a man to take such false oath.

Bribery;4 Blackst. Com. 140. that is, the taking by, or offering to, any judge, officer, or other person con­cerned in the administration of justice, of any reward, to influence his behaviour in his office.

Embracery;Ibi. 141. that is, the labouring, influ­encing, or attempting to influence, a jury, by promises, persuasions, entreaties, money, en­tertainments, or the like.

The misfeasance,Mo. te. cu. Bar. 7. Kitch. 22. 105. neglects, or defaults, of public officers, as bailiff, coroner, constable, &c.

Forgery;1 Haw. P.C. 182. 4 Blackst. Com. 247. that is, the falsely and fraudulently making or altering any record or other au­thentic [Page 9]writing of a public nature, as a parish register, deed, will, &c.

The embezzling,Hawk. P. C. 45. defacing, or altering, of any record, without due authority.

Extortion;Black. C. 141. [...]z. J. P. 13. that is, the unlawful taking, by colour of ones office, of any money or thing of value not due to him, or more than is due, or before it is due.

Every wrong done by the Kings ministers, [...]irror. c. 1. § 17. or others, to the commonalty of the people.

OFFENCES AGAINST THE PUBLIC PEACE. The coming before the Kings justices or minister, [...]E. 3. c. 3. Black. C. 149. doing thier office, with force and arms; the bringing of any force in affray of the peace; or the going or riding armed (with dangerous or unusual weapons, to the terror of the people).

Affrays; [...]it. c. 29. [...]itchin. 20. 105. Inst. 158. Haw. P.C. 106. that is, the fighting of two or more in some public place, to the terror of his Majestys subjects.

Brawls; [...]it. c. 29. [...]o. te. cu. Bar. 6. [...]tchin. 20. that is, the brawling, quarreling, or chiding, of two or more.

Common scolding [of a woman]. [...]chin. 104. 8. [...]oore. 847. 6 Mod. 200. 1 Hawk. P. C. 200.

Riots,Inst. 176. Black. C. 146. Routs, and Unlawful Assemblies; that is, 1. where three or more do an unlaw­ful act, as beating a man, &c. with force and violence; 2. where three or more meet to do an unlawful act upon a common quarrel, as [Page 10]to break down enclosures, &c. and, 3. where three or more assemble to commit a rout or riot, and do it not.

Hue and cry wrongfully raised.Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Mo. ten. cur. Bar. 11, b.

The spreading of false news,4 Black. C. 149. to make dis­cord between the King and nobility.

The challenging of another to fight.Ibi.

Libels;Ibi. that is, malicious defamation of any person, especially a magistrate, made pub­lic by either printing, writing, signs, or pic­tures, in order to provoke him to wrath, or expose him to public hatred, contempt, or ri­dicule.

Not keeping the watch.Brit. c. [...]9. Fleta. l. 2. c. 52.

Any other thing done against the peace of the land.Fleta. l. 2. c. 52.

OFFENCES AGAINST PUBLIC TRADE. The breaking or not observing of the assise of bread,Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18. E. 2. 13 R. 2. st. 1. c. 8. Mo. ten. cur. Bar. 11. Kitchin. 21. 106. ale, wine, cloths, weights, or mea­sures.

The using,Jud. Pil. 51 H. 3. Stat. Wal. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Kitchin. 21. 2 Hawk. P. C. 106. of false ballances, weights, or measures, to buy or sell with.

The using,Jud. Pil. Mirror. c. 1. § 17. Stat. 18 E. 2. or being in possession, of two measures; buying by the greater, and selling by the less.

[Page 11]Tapsters or tipplers,M [...]d. tenen. cu. Bar. 5, b. Kitchin. 22. that is, vintners, and others who retail drink, selling by cups, dishes, or measures, not lawfully sealed*

Forestalling;Jud. Pil. Mirror. c. 1. § 17. Mo. ten. cu. Bar. 6, b, [...] Black. C. 158. [2] J. 1. c. 22. that is, the buying of or con­tracting for any merchandize or victual coming to the market; or the dissuading of persons from bringing their goods or provisions there; or the persuading of them to enhance the price when there.

Regrating;Mod. tenen. cu. Bar. 6, b. Black, C. 158. that is, the buying of corn, or other dead victual, in the market, and after­ward selling it there, or within four miles of it.

Engrossing; [...]bi. that is, the getting into ones possession or buying up of large quantities of corn, or other dead victual, with intent to sell them again; or of any other commodity, with intent to sell it at an unreasonable rate.

The putting to sale of malt not sufficiently trodden, [...] & 3 E. 6. c. 10. rubbed, and fanned.

Innholders making horse-bread, [...]1 Ja. 1. c. 21. Kitchin. 22. or selling horse-bread, hay, oats, &c. or any kind of [Page 12]victual, either for man or beast, for unreason­able gain.

Butchers,23 E. 3. c. 6. 13 R. 2. st. 1. c. 8. Kitchin. 22. fishmongers, and others, selling victuals at unreasonable prices.

The taking,Mirror. c. 1. § 17. Mo. ten. cur. Bar. 6, b. 11. 4 Lev. 12. by millers, of excessive toll; or, by landlords or others, of outrageous distress.

The conspiring of butchers,2 & 3 E. 6. c. 15. brewers, bakers, cooks, costermongers or fruiterers, not to sell their victuals but at certain prices; or of artificers, workmen, or labourers, not to make or do their work but at certain prices; or not to finish what another has begun; or not to work but at certain hours or times.

The using of two trades,Fleta. l. 2. c. 52. 1 [2] J. 1. c. 22. 22 & 23 C. 2. c. 19. namely, of shoe­maker, curryer, or leather-cutter, and tanner, tanner and butcher, or tailor and salesman (of old clothes).

The using of any art or mystery in which the party hath not been brought up.5 Eliz. c. 4. 31 Eliz. c. 5. 1 [2] J. 1. c. 22.

The buying of raw hides by any but tan­ners.1 [2] J. 1. c. 22.

The making for sale or uttering of deceit­ful wares.Mo. te. cu. Bar. 6. Kitchin. 22.

Butchers gashing hides, [...] [2] J. 1. c. 22. or killing calves to sell under five weeks old.

[Page 13]The unlawful tanning of hides;[2] J. 1. c. 22. currying of leather; or making of shoes.

The making and using of false dice.Mirror. c. 1. § 17.

All manner of treachery, [...]bi. cheating, and de­ceit.

Innkeepers refusing to receive and entertain travelers.Hawk. P. C. 78.

OFFENCES AGAINST THE PUBLIC HEALTH. Butchers, [...]d. Pil. [...]irror. c. 1. § 17. H. 6 53. [...]. Leete. 1. [...]o. te. cu. B. 5, b. [...]it. 22. 46. 106. fishmongers, cooks, victualers, or bakers, selling corrupt, spoiled, or unwhole­some meat, fish, victuals, or bread.

Brewers,Mirror. c. 1. § 17. Kitchin. 106. vintners, or others, brewing or selling spoiled or unwholesome wine, ale, or other drink.

The making of unpure or unseasonable malt. [...] & 3 E. 6. c. 10.

OFFENCES AGAINST THE PUBLIC OECONOMY. All obstructions, [...]t. Wal. [...]t. c. 29. [...]. l. 2. c. 52. at. 18 F [...] H. 8. 6 27 [...]. Action sur le cas. 6. Mo. ten. cur. Bar. 5, b. Kitchin. 103. 104. stoppages, restrictions, straightenings, or diversions, of the high­way.

All purprestures or incroachments made in common places, [...] or. c. 1. § 17. [...]tenen. cur. [...]t. [...]. [...]. 10 b. Kitchin. 106. upon land or water, or with blocks or stocks in the highway.

All walls, [...]t. Wal. [...]. c. 9. [...]a. l. 2. c. 52. [...]o. te. cu. Ba. 6. Kichin. 104 houses, gates, causeways, ditches, pools, or pits, raised, prostrated, or made, upon or near the common highway, to the nuisance of the way, and to the danger of passengers.

[Page 14]All laystalls made,Kitch. 20. 104. or filth or carrion cast, in the highway, to the annoyance of the people.

The obstructing,Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Stat. 18 E. 2. Kitchin 103. stopping, straightening, or diverting, of the course of any water.

Bridges and causeways broken.Britton. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. 22 E. 4. 22. Br. Leete. 26.

Ditches not scoured.22 E. 4. 22. Br. Leete. 26. Mo. tenen. cur. Bar. 10. Raym. 250.

The removing of bounds or land-marks.Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2.

Offensive trades or manufactures.4 Black. C. 167.

The keeping of hogs in the street.Salk. 460.

All common nuisances.22 E. 4. 22. Br. Leete. 26. 2 Haw. P.C. 106.

All disorderly inns or alehouses.4 Black. C. 163.

Railing,Hob. 246. and sowing of discord amongst neighbours.

Eaves-dropping;Mo. te. cu. Bar. 6. Kitchin. 20. that is, standing under walls or windows to hear tales, and carry them to others, to make strife and debate.

Vagrancy;Brit. c. 29. Fleta. l. 2. c. 52. Mo. ten. cu. Bar. 6, b. Kitchin. 22. that is, vagabonds, or persons wandering up and down, of whom there is suspicion of evil; and harbouring or receiving them.

[Page 15]Innkeepers or others harbouring suspected persons, [...]t. Wal. perceiving or knowing them to be of ill behaviour; or entertaining persons unknown for more than two nights.

Noctivagancy,E. 4. 22. [...]. Leete. 26. [...]ch. 21. 46. or night-walking.

The continually haunting of alehouses and taverns by such as have no visible or known means of subsistence. [...]t. 18 E. 2. [...]o. tenen. cur. [...]. 6, b. 11.

Sleeping in the day and waking in the night, [...]i. eating and drinking well, and having nothing.

Common bawdy-houses; [...]tchin. 21. 104. [...]nst. 205. Black. C. 168. and frequenting the same.

All open lewdness,Hawk. P. C. 7. grossly scandalous.

Misdoers in parks, [...]at. Wal. [...]it. c. 29. [...]ta. l. 2. c. 52. fishponds, and warrens.

The tracing and killing of hares in the snow.& 15 H. 8. c. 10.

The putting of undersized or mangy horses upon the common.H. 8. c. 13.

The keeping of a common house,H. 8. c. 9. Eliz. c. 5. alley, or place, for bowling or other unlawful game; and using and haunting the same, and there playing.

Artificers, &c. playing at bowls or other unlawful games.

[Page 16]Cock-fighting;11 Rep. 87, b. 3 Keble. 465. 510. or keeping a common cock­pit.

Taking or killing the young fry of fish in any floodgate,1 Eliz. c. 17. &c. or pike or pickerel, or sal­mon, undersized; or fishing with a net with unsizeable meshes.

Taking or killing pheasants of partridges with nets or other devices in the night-time;23 Eliz. c. 10. or hawking or hunting in eared or codded corn.

Drunkenness,4 J. 1. c. 5. or continuing drinking and tippling; or publicans suffering others to do so.

Watering hemp or flax in a river,33 H. 8. c. 17. &c. or otherwise than in proper grounds or pits, or the partys own pond.

PERSONAL SECURITY. Assault;Mod. tenen. cu. Bar. 10. Finch, Law. 202 1 Haw. P.C. 132. that is, an attempt or offer to beat or do a corporal hurt to another.

Battery;Ibi. that is, the wrongful beating of a man, or any injury, however small, actually done to his person.

Blood shed,Stat. Wal. Brit. c. 29. Mirror. c. 1. § 17. Stat. 18 E. 2. 22 E. 4. 22. Br. Leete. 26. Mo. te. cu. Bar. 5, b. 10, b. Kitchin. 104. wound made, or weapon drawn, against the Kings peace.

Kidnapping;Ravm. 474. 4 Black. C. 219. that is, the forcible abduction or stealing away of a man, woman, or child, and sending him or her into another country.

[Page 17]False imprisonment; [...]at. Wal. [...]rit. c. 29. [...]irror. c. 1. § 17. or the wrongful deti­nue of the body of a man.5

III. THE RIGHTS OF THE KING, AND THE LORD OF THE MANOR.

LANDS forfeited by persons attainted of high treason.Kitchin. 19.

Escheats;Ibi. that is, the lands of persons at­tainted of petit treason or felony*.

Treasure-trove;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror c. 1. § 17. Stat. 18 E. 2. Mod. ten. cu [...]. Ba [...]. 6, b. Kitchin. 23. 2 Hawk. P. C. 106. that is, treasure found hid­den in the earth or other secret place, the owner whereof is unknown.

Waifs and estrays;Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Mo. te. cu. Ba [...] 6. 6, b. 10, b. Kitchin 23 103 105. 2 Haw. P.C. 106. that is, 1. goods (which have been stolen) waived or thrown away by the thief in his flight; and, 2. tame or re­claimed animals (as horses, neat, sheep, hogs, or swans) found straying within the manor, the property of which, if unclaimed by the owner for a year and a day, is in the King or the Lord.

Goods and chattels forfeited by conviction of high treason,Mo. te. cu. B. 11. Kitchin. 19. 24. 100. 101. 4 Black. C. 421. misprision of treason, petit treason, felony, felony de se, manslaughter, excusable homicide; by outlawry; by convic­tion of petit larceny; by flight in treason or felony, by praemunire, &c.

[Page 19]Goods derelict, [...] Prero. pl. 12. Vent. 267. or in which no man has property (as those of intestate bastard, &c.).

The certum letae, [...] Salk. 37. [...] H. 4. 9. [...]itchin. 102. Roll A. 211. capitage, chief or head silver, or common fine, payable in some ma­nors*.

APPROVED PRECEDENTS OF PRESENTMENTS AND JUDGEMENTS IN THE LEET.

‘Presentments in Leet ought to be certain, viz. to shew at what place the nuisance is made, and to say within the jurisdiction of the court; for it is the declaration of the King, which ought to be good to every common intent. Br. Leete. 33. and vide Keilwey. 89.’‘To the nuisance of the Kings subjects, or to common nui­sance, ought to be in every Presentment [sci. of nuisance]. C [...]o. J. 382. And to the nuisance of several persons will not do. 3 Keble. 106.’‘Presentment of a thing done before the last court is of no force. 3 Keble. 644.’‘It is not necessary that a Presentment in the Leet should be either s [...]aled or indented. 3 Bur. 1860. Vide tamen. W. 2. c. 13. 1 E. 3. st. 2. c. 17. Manor. c. 1. § 17.’

HIGH TREASON AS FELONY. THE jurors for the lady the queen upon their oath say,Kitchin. 100. that R. S. &c. at I. within the jurisdiction of this court, as a felon of the lady the queen, one hundred angels of gold [Page 22]and three hundred groats falsely and feloniously coined and fabricated (the letters patent of the lady the queen in that behalf not before ob­tained), against the peace of the said lady the queen that now is, her crown and dignity, and against the form of the statute in such case made and provided.

RAPE. They also present,Kitchin. 100. that A. B. of I. aforesaid, yeoman, on such a day, &c. at I. within the jurisdiction of this court, the close and house of one, &c. broke and entered, and upon one Katherine, &c. the daughter, &c. in the peace of God and the lady the queen being, made assault, and her with force and arms then and there against her will ravished, and her carnally knew, against the peace, &c.

ARSON. They also present,Ibi. that one T. of I. afore­said, yeoman, on such a day, &c. at I. within the jurisdiction of this court, with force and arms, &c. wilfully and feloniously, of his ma­lice aforethought, the house of one J. S. burned, contrary to the peace of the lady the queen. Therefor it is commanded to the bai­liff to seize all his lands and tenements, goods and chattels, that he may answer thereof to the lord of this manor.

RO [...]BER [...] They also present,Ibi. 101. that E. F. of I. afore­said, labourer, on such a day, &c. at I. within the jurisdiction of this court, with force and arms, and against the peace, &c. upon one T. D. at, &c. within the jurisdiction of this court, in the queens highway there in the [Page 23]peace of God and the lady the queen being, made assault, and the said T. D. then and there robbed, and sixteen groats of silver, and one angel of gold, of the goods and chattels of the aforesaid T. D. in his certain purse then and there being, from the person of the same T. feloniously took and carryed away, against the peace of the lady the queen, her crown and dignity.

BURGLARY. They also present,Kitchin. 100. that B. D. of I. afore­said, yeoman, on such a day, &c. at I. within the jurisdiction of this court, about the hour of nine in the night of the same day, the house and mansion of one, &c. as a felon of the lady the queen, broke and entered, with intention to rob the aforesaid, &c. and six angels of gold, of the goods and chattels of the aforesaid, &c. then and there in a certain chest being, feloniously took and carryed away, against the peace, &c.

LARCENY. They also present, that J. W. of I. afore­said, gentleman, on such a day, &c. at I. within the jurisdiction of this court, a certain fallow deer, tame, and bearing a bell about its neck, of the value, &c. of the goods and chattels of one, &c. then and there found, feloniously took and carryed away, against the peace, &c. Therefor it is commanded to the bailiff, as above, &c.

They also present, that J. L. of I. afore­said, yeoman, on such a day, &c. at I. afore­said, within the jurisdiction of this court, about [Page 24]the hour of one in the night of the same day, a certain trunk of one, &c. broke and entered, and ten fishes, called pikes, of the value, &c. of the goods and chattels of the aforesaid, &c. from the trunk of the same, &c. then and there feloniously took and carryed away, against the peace, &c. Therefor, &c.

They also present,Kitchin. 100. that W. P. of I. afore­said, labourer, on such a day, &c. at I. within the jurisdiction of this court, with force and arms, and against the peace, &c. the close of one, &c. at I. aforesaid, broke and entered, and one black sattin waistcoat, of the goods and chattels of the aforesaid, &c. then and there found, feloniously took and carryed away. Therefor it is commanded to the bailiff, &c.

PETIT LARCENY. They also present,Ibi. that P. I. of I. aforesaid, yeoman, on such a day, &c. the close of one, &c. at I. aforesaid, broke and entered, and one towel, of the value of sixpence, of the goods and chattels of the aforesaid, &c. then and there found, feloniously took and carryed away. Therefor it is commanded to the bai­liff to seize all his goods and chattels into the hands of the lord.

They also present,Ibi. 102. that A. B. of I. afore­said, yeoman, on such a day and year, &c. at I. within the jurisdiction of this court, about the hour of one in the night of the same day, a certain dovecote of one, &c. broke and entered, and forty pigeons, of the value, &c. of the goods and chattels of the aforesaid, &c. from [Page 25]the house of the same, &c. feloniously took and carryed away, against the peace, &c. Therefor it is commanded to the bailiff, &c. as above.

FELONY AND FLIGHT. They also present, [...]itchin. 101. that E. L. of I. afore­said, yeoman, on such a day and year, &c. at I. within the jurisdiction of this court, a certain white gelding, of the value, &c. of the goods and chattels of one, &c. in the common field there being, feloniously stole, took, and carryed away: And that the afore­said E. L. for the felony aforesaid, withdrew himself and fled. Therefor it is commanded to the bailiff to seize two cows, of the goods and chattels of the aforesaid E. L. as escheats and forfeitures to the lord; and that they be safely kept to the use of the lord, &c. or thus, to the use of the queen.

PRISON BREACH. They also present, [...] that whereas one B. R. of I. aforesaid, yeoman, was taken and arrested for suspicion of a certain felony, and put in the stocks; one J. F. of I. aforesaid, labourer, on such a day and year, &c. at I. aforesaid, the aforesaid stocks with force and arms and feloniously broke, and the aforesaid B. R. then and there to escape and go at large permitted, against the peace. Therefor it is commanded, as before, &c.

RESCOUS OF FELON. They also present, [...] 102. that T. J. of I. afore­said, yeoman, on such a day, &c. at I. within the jurisdiction of this court, one calf, of the value, &c. of the goods and chattels of one J. B. then and there found, feloniously took [Page 26]and carryed away. And that W. Q. bailiff of the manor aforesaid, on such a day and year, &c. at I. aforesaid, the aforesaid T. J. for suspicion of the felony aforesaid arrested: And that W. F. of I. aforesaid, labourer, with force and arms, &c. at I. aforesaid, on the said day and year, upon the aforesaid W. Q. in the peace of God and the said lady the queen being, made assault, and the aforesaid T. J. in the custody of the aforesaid W. then and there feloniously took, forced, and rescued, and at large permitted to go, against the peace, &c. Therefor it is commanded, as above, &c.

OUTLAW RETURNED. They also present,M. T. C. B. 11. that Q. J. before such a coroner, on [in and at] such a day, year, and place, of his own free will acknowleged him­self to have done felony on [in and at] such a day, year, and place, for which recognition he abjured the realm, &c. and afterward re­turned without the charter of the king, and remains within this lordship. Therefor it is commanded to the bailiff or constable of the same lordship the same Q. bodily to attach, and to the next gaol of the lord the king lead, there under close custody to remain until, &c. And it is commanded to the bailiff to seize his goods and chattels.

ACCESSARY BEFORE THE FACT. They also present,Kitchin. 100. that W. S. of I. afore­said, yeoman, within the jurisdiction of this court, counseled, instigated, procured, com­forted, and abetted one L. M. &c. one black cow, of the value, &c. of the goods and chat­tels of one, &c. then and there found, felo­niously to steal, take, and carry away: And [Page 27]the aforesaid L. by virtue of the counsel, in­stigation, procuration, comfort, and abetting aforesaid, &c. the said cow, on such a day, &c. in the year, &c. feloniously stole, took and carryed away.

FELON AND ACCESSARY AFTER THE FACT. The jurors also say, [...].T.C.B. 10, b. upon their oath, that W. C. by night, in such a year, &c. the close of J. T. at I. broke and entered, and capons, geese, and hens, of the value of three shillings, there found, feloniously took and carryed away; and that J. R. him received, entertained, and comforted, knowing him to be a felon, and felony so to have committed: And it is com­manded to the bailiff that he as well the afore­said W. as the aforesaid J. attach, and to the next gaol lead, &c.

The also say, that W. R. [in and at] such a day, year, and place, &c. within the lordship of A. stole one black horse, of the value of 20s. of one J. B. and that K. C. knowing him the felony aforesaid so to have committed, him receives, entertains, and comforts. There­for in mercy. And it is commanded to the bailiff to seize the horse aforesaid, as forfeited, and to answer of the issues.

DECINERS IN DEFAULT. They also say,T.C.B. 11, b. that J. and W. are deciners, and have made default, &c.

DEFAULT OF SUIT. They also present, [...]tchin. 103. upon their oath, that J. R. R. W. and J. W. are resiants within the precinct of the view of frankpledge afore­said, and at this day have made default. There­for [Page 28]every of them in mercy, as appears above their heads.

RESIANTS NOT SWORS. They also present,Kitchin. that R. W. W. F. R. B. and W. G. have inhabited within the precinct of this view of frankpledge for the space of one year and one day, and upward, and are not sworn to the queen for ligeance. Therefor each of them in mercy, as appears above their heads.

HUE AND C [...] NOT FOL­LOWED. They also present,Ibi. 101. that the aforesaid T. D. being robbed, raised great hue and cry, and the aforesaid E. F. as a felon of the lady the queen, on the said day and year, from the place aforesaid, where he was so robbed, freshly fol­lowed unto the aforesaid town of, &c. and that no inhabitant there the felon aforesaid upon the hue aforesaid followed, and so the felon aforesaid escaped, in contempt of the said lady the queen, and against the form of the statute of Winchester in such case made and provided. Therefor the aforesaid town of, &c. in mercy, &c.

CHIEF PLEDGES IN DEFAULT. They also present,M.T.C.B. 10. that R. B. and C. D. are chief pledges, and make default. Therefor they in mercy.

CONSTABLE IN DEFAULT They also present,Kitchin. 105. that W. G. is constable, and is not here at the view of frankpledge to present that which to that office belongs, but hath made default. Therefor he in mercy 2s.

ALETASTER IN DEFAULT They also present,Ibi. that R. S. is aletaster, and is not here at the view of frankpledge to [Page 29]present that which to that office belongs, but hat made default. Therefor he in mercy 2s.

MEAT-SEARCHERS IN DEFAULT. They also present,Kitchin. 105. that B. R. and C. D. are meat-searches, and should be here at the view of frankpledge to present that which to that office belongs, and have made default. There­for each of them in mercy 2s.

SCAVENGERS IN DEFAULT. They also present, [...]bi. that T. J. and W. J. are scavengers, and ought to be here at the view of frankpledge, and have made default. There­fore each of them in mercy 6d.

AFFRAY. They also present,Ibi. 105. that J. S. made affray within the jurisdiction of this court, and drew blood. Therefor he in mercy 3s. 4d.

HUE WRONG­FULLY RAISED. They also say,M.T.C.B. 11, b. that K. B. and C. D. unjustly raised great hue, in disturbance of the peace of the lord the king, after the last view held, to the nuisance of their neighbours at H. Therefore in mercy.

BREACH OF ASSISE. They also say,Ibi. 11. that A. and C. are bakers of mans bread, and have broken the assise. There­fore they in mercy.

They also present,Kitchin. that E. W. and W. X. by their wives, are common tipplers (i. e. re­tailers) of ale, and have sold ale by unlawful measures, and have broken the assise. There­for each of them in mercy, as appears above their heads.

[Page 30] EXCESSIVE TOLL. They also present,M.T.C.B. 11. that J. H. miller, of this lorship or manor, hath taken toll unjustly and excessively of the meal of his neighbours. Therefore he in mercy.

UNWHOLE­SOME BREAD. They also present,Kitchin. 106. that W. M. and R. B. are common bakers of mans bread, and for divers time have baked unwholesome bread, and have broken the assise. Therefor each of them in mercy, as appears above their heads.

UNWHOLE­SOME ALE. They also present,Ibi. that R. W. and J. D. are common brewers, and have brewed for divers times unwholesome ale, and have broken the assise. Therefor each of them in mercy, as appears above their heads.

NUISANCE. They also present,Ibi. that there is a hedge of great thickness, and that the branches thereof hang over the lane, called Kings Lane, to the nuisance of the carriages going along the same lane, in the default of W. C. Therefor it is commanded to him to cut down or lop the same, before the feast, &c. under the pain, &c.

They also present,M.T.C.B. 10, b. that W. D. hath ac­croached to himself of the common water, land, &c. to the grievous nuisance of his neighbours. Therefor he in mercy. And it is commanded to the bailiff to seize into the hand of the lord, &c.

They also present,Kitchin. 104. that R. W. hath placed a certain dunghill over-against his house, near [Page 31]the queens highway, to the nuisance of the people of the lady the queen. Therefor it is commanded to him to remove and carry away the same before the feast, &c. under the pain, &c.

They also present, [...]tchin. 104. that there is a certain gutter leading from the house or kitchen of T. I. by which nasty or stinking water is con­ducted into the queens highway, to the great nuisance of the queens highway, and of all carriages to be carryed along the same by the people of the lady the queen. Therefor it is commanded to him to amove or stop up the same before the feast, &c. under the pain, &c.

DIVERSION OF WATER-COURSE. They also present, that R. C. of I. afore­said, yeoman, diverts the common course of a certain rivulet, leading by the house of one T. H. out of the right course in which it used to run. Therefor it is commanded to him to let it go in its right accustomed course before the feast, &c. under the pain, &c.

REPAIR OF BRIDGE, &c. They also present, that the common way leading through the field called the Prebend Field is a common way for passing and riding, and was so used from time whereof the me­mory of man is not to the contrary; and that the gate and bridge being beyond the further bridge ought to be maintained and kept by the tenant of the land, and now are not. Therefor it is commanded to the tenant of the land the same gate and bridge to amend and repair before the feast of Saint John the Baptist next ensuing, under the pain, &c.

[Page 32] DITCH NOT SCOURED. They also present,M.T.C.B. 10. that the kings way at C. is very dangerous and founderous, in defect of scouring the ditch of J. B. Therefor he in mercy.

They also present,Ibi. that W. C. hath a ditch not scoured at, &c. containing twelve perches of land, to the nuisance of the people of the lord the king. Therefore he in mercy.

They also present,Kitchin. 104. that there is a certain ditch unscoured and uncleansed, in the default of B. S. to the nuisance, &c. Therefore he in mercy 12d. And it is commanded to him to scour or cleanse the same before the feast, &c. under the pain of 2s.

They also say,M.T.C.B. 11. that the lord hath a ditch not scoured, of the length of twelve perches. Therefor it is commanded to the bailiff to amend [the same].

COMMON SCOLD. They also present,Kitchin. 104. that N. C. widow, is a common scold with her neighbours, and a common breaker of hedges; and [that] she is not of good fame and government. There­for she in mercy, as appears above, &c.

ENTERTAIN­ER OF WHO [...]. They also present,Ibi. that H. B. widow, is a common entertainer and receiver of whores and women of ill fame and conversation, to the great nuisance of her neighbours. There­for she is amerced 2s. 2d.

VAGABOND. They also say,M.T.C.B. 11. that K. of sound mind and good health, is a vagabond, who wakes by [Page 33]night and sleeps by day, and nothing labours. Therefor, &c.

ASSAULT. They also present,M.T.C.B. 10. that W. C. made assault upon J. S. with a staff, against the peace of the lord the king. Therefore he in mercy.

BLOODSHED. They also present, [...] 10, b. that M. S. unjustly and against the peace, drew blood upon R. B. with a sword. Therefore he in mercy. And the said sword remains to the lord by judgement of forfeiture.

They also present, [...]tchin. 104. that as one A. B. ser­vant of W. C. the lords bailiff, was bringing certain chattels of one R. G. unto the lords pound, there to be impounded, came one E. P. with great violence into the pound afore­said, with one sword, of the value of 5s. and then and there the aforesaid A. stuck with the same sword upon the head, and so shed blood upon the same A. B. by reason of which stroke the aforesaid A. B. fell to the ground as if he were dead. Therefor the aforesaid E. P. in mercy. And affeered by the chief pledges at five shillings.

WAI [...]. They also say, [...]T.C.B. 10, b. that a certain unknown felon stole one horse, of the value of 20s. without this lordship. Therefor it is commanded to the bailiff to seize the said horse into the hand of the lord by reason of forfeiture.

They also present, [...]chin. 103. that one M. S. came within the jurisdiction of this view of frank­pledge, [Page 34]and hither brought certain goods and chattels by her stolen (to wit), one linen shirt, of the value, &c. and divers other vestments, in English, one smock, one petticoat, and one shirt; all which things are worth 20s. and no more: And all and singular which things were hither brought by the aforesaid M. and that the same M. here within the jurisdiction of this manor the same waived, left, and fled from; whereby all the goods and chattels aforesaid have come to the lord of this manor. Where­upon it was commanded to the bailiff to seize [the same] into the hands of the lord, as es­cheats and forfeitures to the lord; and he did so, and the goods and chattels aforesaid were delivered to the lord in this court.

ESTRAY. They also say,M.T.C.B. 10, b. that one black ox, or one horse, &c. cames as an estray within this lord­ship at the feast of Easter last past. And it is commanded to the bailiff to proclaim [the same] in the market, and in the church, as the man­ner is, &c.

They also present,Kitchin. 105. upon their oath, that on the twentyeth day of May, in the year of the reign of our lady queen Elizabeth that now is, came within this lordship one grey horse as an estray, and remains in the custody of X. D. to be proclaimed.

They also present,Ibi. that there is one bay colt, of the age of four years or more, which came within this lordship as an estray, on the 9th day of September, in the year of the [Page 35]reign of the said lady the queen the twentyeth, of the value of 24s. and hath remained in the custody of the bailiff for the space of one year and one day, after three proclamations for three several days, made according to the form of the statute. Therefor the property of the same colt is in the lord.

OUTLAW. They also say,M.T.C.B. 11. that O. P. is outlawed on (in and at) such a day, year, and place, at the suit of K. O. in a plea of trespa [...]s. Therefor it is commanded to the bailiff to seize his goods and chattels to the use of the lord, &c.

COMMON FINE. They say,Ibi. 10. upon their oath, that D. gives to the lord as of certainty (de certo) for a common fine at this day of ancient custom, as appears in capite.

They also say,Kitchin. 102. that they give to the lord as of certainty (de certo) for a common fine, at this day of ancient custom, 6s. 8d.

ORDERS UPON PAIN.

It is ordained,Ibi. that R. B. do make and scour his ditch, at the lower end of Great Hill, containing by estimation twenty perches, be­fore the feast of the nativity of Saint John the Baptist next coming, under the pain, for each perch thereof, of 8d.

It is also ordained,Ibi. that T. M. do reform and throw open a certain parcel of land lately [Page 36]by him incroached, between Washe lane and Peckham Rye Common, before the feast of All Saints next coming, under the pain, for each perch not reformed and thrown open, of 20d.

It is also ordained,Kitchin. 106. that no one do permit his beasts (to wit), his oxen or cows, to go into and feed upon the common of this lord­ship, nor in the lanes to the same manor be­longing, without a keeper, under pain of for­feiting to the lord, for each of them, for each time, 2d.

It is also ordained,Ibi. that W. J. do remove his dunghill, lying by the queens highway, over against his house, b [...]fore the feast of Easter next, under pain of forfeiting to the lord 10s.

It is also ordained,Ibi. that J. F. do make and maintain a bridge in his close called Great Colmans in the way leading from Islington to Hoggesden, under pain of forfeiting to the lord 10s.

It is also ordained,Ibi. 107. that every one do yoke or ring his hogs before the feast of St. Michael the Archangel next, and the same keep so yoked or ringed until the feast of Saint John the Baptist then next following, under pain of forfeiting to the lord, for every hog, for every week, 3s. 4d.

PAIN INCURRED.

They also say,T.C.B. 11. that B. C. had, at the day of the last court, to amend one ditch, in length twelve perches, upon pain of 40d. and that he hath not made the said ditch. Therefor he incurs the said pain. And it is commanded to the bailiff to levy the said pain so forefeited to the use of the lord.

THE END.
A DIGEST OF THE PROC …

A DIGEST OF THE PROCEEDINGS OF THE COURT LEET OF THE MANOR AND LIBERTY OF THE SAVOY, PARCEL OF THE DUCHY OF LANCASTER, IN THE COUNTY OF MIDDLESEX; FROM THE YEAR 1682 TO THE PRESENT TIME.

PRINTED IN THE YEAR M.DCC.LXXXIX.

TO THE GENTLEMEN OF THE JURY OF THE MANOR AND LIBERTY OF THE SAVOY, FOR THE PRESENT YEAR, THIS DIGEST, COMPILED AND PRINTED FOR THE USE OF THEMSELVES AND THEIR SUCCESSORS, IS RESPECTFULLY INSCRIBED, BY THEIR VERY HUMBLE SERVANT,

J. RITSON, HIGH BAILIFF.
GRAYS INN, 11th Nov. 1789.

ADVERTISEMENT.

ALL the books, rolls, and other muniments of the Savoy Court, anterior to the year 1683, are sup­posed to have perished in private hands. But there is suf­ficient evidence that the court has been regularly held ever since the accession of King Henry the Fourth, anno 1399; as, without doubt, it was long before that period; the Liberty being one of the oldest in the kingdom, and having been parcel of the possessions of the Duchy of Lancaster from the time of its first erection, and even the property of he Earls of that title for near a century before.

HEADS.

  • Aleconners Page 1
  • Bailiff Page 2
  • Bawdy Houses Page 2
  • Butchers Page 2
  • Commissioners of Pavements Page 2
  • Commissioners of Sewers Page 3
  • Constables Page 4
  • Contempts Page 10
  • Defaulters Page 11
  • Disorderly Houses Page 12
  • Essex Stairs Page 14
  • Forestalling Page 15
  • Gaming Page 14
  • Incroachments Page 16
  • Inmates Page 18
  • Jury Page 19
  • Nuisances Page 20
  • Pavements Page 26
  • Poulterer Page 26
  • Savoy Prison Page 26
  • Scavengers Page 27
  • Selling drink without a licence Page 28
  • Sewers Page 28
  • Strand Bridge Page 28
  • Strand Lance Stairs. Surry Stairs Page 29
  • Watching and Warding Page 29
  • Water Works Page 29
  • Weights and Measures Page 30
  • Special Entries. Page 33

A DIGEST, &c.

*⁎* E. C. is Easter Court; M. C. Michaelmas Court.

Aleconners.

M. C. 1693. Mr. Howson (the sutler in the Savoy) "for refuseing to let the ale coners either weigh his bread or messuer his pots, being thereto requierd," amerced 1 l.

E. C. 1747. Upon the information of the aleconners, Humphrey Roberts, "for refusing to produce and shew 'his' liquid measures to the said ale conners, though several times requested so to do," amerced 13 s. 4 d.

M. C. 1751. Peter Wood, "for three several times refuseing to lett the . . . aleconners try his weights and mea­sures," 1 l. 10 s.

See Weights and Measures.

Note, It is the office of the aleconners (signifying, from the Saxon verb cunman, tryers or provers of ale, and who are in many manors called aletasters, anciently tastatores or temptatores cervisiae) to ex­amine bread, weights, measures, ale and beer for sale, and to return such as offend against the assize or standard, or vend unwholesome liquor. These returns are generally and properly made the ground of the jurys presentment, but some instances occur where an amerciament (either by the court or by the jury) has been set immediately upon the pre­sentment, as well of the aleconners, as of the flesh­tasters, scavengers and constables; which is con­ceived to be irregular. Vide E. C. 1690; M. C. 1690; E. C. 1691; E. C. 1700; &c.

Bailiff.

E. C. 1754. Joseph Daniel, the under-bailiff, "for a misdemeanour in his said office," fined 1 l. *

Bawdy Houses.

See Disorderly Houses.

Butchers.

M. C. 1685. John Spencer, "for putting to sale un­wholesome and corrupt meat, and for blowing of veal," amerced 6d.

Several others amerced for the same offence.

M. C. 1690. Six persons, "for exposeing to sale meate vnmarketable," amerced 3s. 4d. each.

E. C. 1697. Upon the oaths of the fleshtasters, Robert Linley, "for selling corupt and vnwholsom mutton," amerced 13s.

M. C. 1730. Mr. Cheese, a butcher, "for hanging sheep carkes's without side his shop, to the anoyance of his majestys subjects passing the high way," amerced 3s. 4d.

M. C. 1761. Upon the return of the fleshtasters, Mr. Harrison, butcher, "for exposing to sale fleshmeat no fit for Christians to eat, and refusing to remove the same," amerced 50s.

Commissioners of Pavements.

M. C. 1773. The commissioners of pavements "for neglecting to repair a flight of steps leading out of Surry Street into Strand [Lane]," amerced 10l.

[Page 3] N. B. This amerciament was discharged by the steward, and the nuisance ordered to be represented to the commissioners by letter.

E. C. 1774. The commissioners of pavements "for leaving a water trunk near the house of Mr. Lingham, facing Exeter Exchange . . . being a great annoyance to passengers," amerced 2l. 2s.

See Scavengers.

Commissioners of Sewers.

M. C. 1770. The jury "present that the grate at the corner of Little Essex Street, and the rail under the arch­way at the bottom of this street, are in very bad order; and that the pavements throughout Essex Street and Milford Lane, and also the pavement in Water Street, fronting Grey Hound Court, are in very bad order, and greatly out of repair; and therefore 'they' request that notice may be given, by the order of the court, by the bailiff of this manor and liberty, to the commissioners of sewers, and to the several persons by whom the said grate, rail, and bad pavements ought to be repaired, that the same be forthwith amended, and put in effectual repair; and in default thereof this jury will set exemplary amerciaments for the same at the next court."

"Ordered by the court, that Mr. Sammuel Dry, the de­puty bailiff of this manor and liberty, do deliver unto the clerk of the commissioners of sewers, and also to every person by whom the grate, rail, and bad pavements, presented by the jury to [be] out of repair ought to be repaired and amended, a copy of the said jury's presentment; and unless the repairs thereof be effectually done within a convenient time, this court doth declare that the steward and burgesses will re­commend it to the jury at the next court to set exemplary amercements upon them for their defaults."

Constables.

Accepting the Office.

E. C. 1768 (by adjournment). "At this court came Isaac Hayes, constable elect for the middle ward within this manor and liberty for the year next ensuing, or untill he shall be thereof discharged by due course of law, and accepted the said office, and took the oath by law in that behalf required."

Account.

E. C. 1729. "Ordered by this court, that John Seaford, James Singer, Peter Nightingale, and Joseph Francis, the four constables of this manor and liberty, and who are now present in court, do each of them severally and respectively make up an account in writing for the year last past of what they severally and respectively have re­ceived and collected by virtue of their said offices of con­stable, or of the constables rate, together with an account of what they have thereout paid and disbursed to the watchmen, or otherwise in the execution of their said offices; and that they lay the same, together with the severall constables rates, before this court on Thursday the 8th day of May next, or that before such court they lay such account, together with the severall constables rates, before any one of the burgesses of this mannor and liberty, and pay the ballance of such account, if any such ballance shall be in their hands after all just and reasonable al­lowances made them, into the hands of Mr. Glisson Maid­well, the senior burgess of this mannor and liberty, to be by him applyed as this court shall direct and appoint, un­der the penalty of five pounds apeice for such of them as neglect or refuse to obey the said order."

Adjourned Court, 8th May 1729. Constables refusing to comply with the above order, fined 5l.; and time given to the 1 [...]th May, under the further penalty of 5l.

16th May 1729. The constables still refusing, fined 5l. each; and time given to the 21st, under the further penalty of 5l.

[Page 5]21st May 1729. The constables still refusing, fined 5l. a-piece*The form of the Constables Account.

Assistant.

E. C. 1768. "At this court came George Jennings, the constable elected and sworn for the Savoy Ward within this manor and liberty, and prayed that John Hopkins, of Exeter Court, within this manor and liberty, glover, might be received and sworn as the substitute or assistant of the said George Jennings in the said office of constable,

24th Feb. 1719.

The Constables of the Dutchey Liberty of the parish of St. Clement Danes, in the County of Mid­dlesex.

An account of the several sums of money collected of the severall house-keepers by us Richard Robins, Richard Holt, John Howard, and Thomas Collingwood, in the Royal-Ward, Church-Ward, Middle-Ward, and Savoy-Ward; and of the several payments made to the watchmen, beadle, and warder in the said several wards, as followeth:

For the quarter due at Christmas 1719.
 £.s.d.
Received of the inhabi­tants in the Royall Ward1300
Received of the inha­bitants in Church Ward610
Received of the inha­bitants in Middle Ward1789
Received of the inha­bitants in Savoy Ward16140 
 5339
 £.s.d.
Paid to ten watchmen, 5s. to each man per week32100
Paid the beadle for the said quarter700
Paid the warder350
Paid coals and brooms0186
Paid for watchmens drink, at 15d. per night5139
For our expences at­tending the first day of term140
 50113
Paid for the warder's coat, hat, and stock­ings330

Constables
  • Richd Robins,
  • Richd Holt,
  • John Howard,
  • Tho. Collingwood.

[Page 6]and for whom he will be answerable; and the court here approving of the said John Hopkins as a proper person for that purpose, he accordingly took the oath in that behalf required."

E. C. 1773. "Samuel Shelly, leave given to appoint a substitute; John Barnard sworn in as his assistant.

John Henson, James Booth his assistant."

E. C. 1774. Roger Pincher, and John Barnard his assistant.

Samuel Price, and James Booth his assistant.

E. C. 1775. Samuel Edstrum, and James Booth his assistant, sworn constables for Savoy Ward.

E. C. 1781. "William Morley, for the Church Ward, sworn assistant constable."

E. C. 1782. William Robinson, and Patrick Mac Ne­gus (in one book, in the other Mac Gregus, mistakes for Mac Manus) his assistant.

Deputy.

E. C. 1684. Four deputies.

E. C. 1741. John Thomson, "sworn in deputy constable to Mr. William Hutchins . . . according to antient custome."

E. C. 1742. A like entry.

E. C. 1744. John Couch, "sworn deputy constable to Richard Bath, chief constable."

Election.

E. C. 1712. "Att this court it was ordered by the said court, that Thomas Batt being duly elected constable of the Middle Ward within this liberty for the year ensuing, should immediately upon notice hereof, and of a certificate signed by the steward of this court, certifying such his election as aforesaid, goe before one of her ma­jestyes justices of the peace for the county of Middlesex, and be duly sworn into the said office, upon the penalty of tenn pounds."

E. C. 1729 (by adjournment). "At this court John Harman, living within the Church Ward within this liber­ty; Thomas Ryder, living within the Middle Ward with­in this mannor and liberty; Jonathan Fantom, living with­in [Page 7]the Savoy Ward, within this mannor and liberty, were severally presented and chosen constables of their said re­spective wards for the yeare ensuing; and they being not present in court though duely summoned, it is ordered, that notice, and a certificate of their being so severally chosen into the said offices of constable, be given to each of them; and that they do attend this court on Tuesday the 10th day of June next, to which time this court will be adjourned, to take upon them the oaths of the office of constable, or that they should take upon them the oaths of the said office of constable, before one of his majesties justices of the peace for the county of Middlesex, within ten days from this day, under the penalty of ten pounds."

June 10th, 1729. "At this court John Harman and Thomas Ryder, now prosecuted for not appearing to take upon them the oaths of office of constable, and for having neglected and refused to take the said oath of office of constable, before one of his majesties justices of the peace for the county of Middlesex, according to the certificate delivered to them, and willfully and obstinately refusing so to do, for which they were amerced 10l. each."

*⁎* This amerciament was affeered, but without necessity, as the constables, by neglect and refusal, had, ipso facto, incurred the pain set at the for­mer court, which would have been good without affeerment.

Note, That it appears from the above order, that the ancient custom was that the constable of each ward should be a person resident therein.

Neglect of Duty.

M. C. 1709. William Swift, "for being sworne con­stable, and nott officiateing as constable, nor any other per­son, for near seuen weeks, by which this liberty hath re­ceived great prejudice," amerced 10s.

E. C. 1714. John Foguerty, having been "duely sworn constable for the Middle Ward . . . and 'appearing not to have officiated' for some months [in] the said office in [Page 8]person, according to the custom of this liberty and court leet," amerced 7l.; affeered at 5l.

M. C. 1727. "At this court . . . John Carter, deputy constable for the Savoy Ward, upon the complaint of the jury, in not giving his attendance to apprehend a felon, of whom he had notice, and for the neglect of his duty of the said office, was fined two pounds."

E. C. 1737. "Richard Atwood, constable for the Savoy Ward . . . for neglect of duty, by entertaining and keeping watchemen belonging to this liberty in his own house at unseasonable hours in the night, and when they should be upon their duty," amerced 6s. 8d.

E. C. 1771. "The jury request Mr. Steward will consider by what legal method the constables may be com­pelled to do their duty in that office, and intimate to the court that they would have set exemplary amerciaments upon the constables for the last year, had they been cer­tain they 'could' legally do the same."

N. B. There can be no doubt of the jurys power to present a constable for this offence.

Refusing the Office.

E. C. 1692. William Chipp, "for refusing, in con­tempt of this court, to serve the office of constable . . . being duely elected," fined 1l.

Two more for the like, 2l. each.

Two others for the like, 5l. each.

M. C. 1709. Walsingham Heathfield, "for his great contempt to the court, after being duely chosen constable . . . refuseing to take upon him the said office . . . till severall weeks after, being very prejudiciall to the inhabitants of this liberty," amerced 2l.

M. C. 1732. Thomas Ryder, who had been "required to take upon him the office of constable within 14 days of the last court, under a penalty of five pounds," for 'having "neglected' to take upon him the said office," incurred the said penalty of 5l. (affeered).

E. C. 1761. "At this court personally appeared Benjamin Walwyn, of Exeter Court, within this manor and liberty, glover, and Michael Conner, of Arundell Street, within the same manor and liberty, peruke maker, [Page 9]two of the resiants and inhabitants within this manor and liberty, being duly sumoned thereto upon pain, ac­cording to antient custom, to serve our sovereign lord the king upon the enquest, and other offices for this ma­nor and liberty: and the said Benjamin Walwyn and Michael Conner being at this court severally nominated and elected as proper persons to serve the office of con­stable within this manor and liberty for the year next ensuing, or until they should be thereof discharged by due course of law; and being severally called upon to accept the same office, and to take the oath by law in that behalf re­quired, they and each of them did then and there refuse to accept the said office of constable, and to take the oath in that behalf required; and they, nor either of them, not having shewn to the court any reasonable or just cause to excuse them, or either of them, from the said office, the said deputy steward did thereupon think fit to impose and set upon the said Bejamin Walwyn, for his said contempt and refusal, a fine of seven pounds; and upon the said Michael Conner, for his said contempt and refusal, the like fine of seven pounds."

Quitting the Liberty.

M. C. 1735. "At this court it was found by the jury, that Joseph Wright, sworn constable for the Royal Ward, is removed out of the said mannor and liberty; whereupon Thomas Ricketts being presented by the said jury as a proper person to serve the said office for the remainder of the year, was elected by the steward, and sworn in accordingly."

M. C. 1736. Two similar entries.

Substitute.

The practice of swearing in substitute constables is of late years become so common as even to be re­garded as a matter of course. The difference be­tween an assistant, a deputy, and a substitute seems to be, that in the two former cases the principal is responsible, in the latter case he is discharged. But quaere.

See Assistant.

Usurping the Office.

E. C. 1714. Robert Evans, "for takeing upon him the office of a constable, and exerciseing the same . . . with­out the leave of this court," amerced 40 s. reduced to 20s.

See Disorderly Houses.

Contempts.

Departing without Leave.

E. C. 1696. John Ashley, for "apearing at this court, and in contemp[t] therof departing without lycence," fined* 40s.

Misbehaviour.

E. C. 1694. John Willson, "for swering and vnreue­rent behauiour in . . . court," fined 5s.

[Page 11]E. C. 1695. Richard Hall, "for vnreuerent beha­uiour, and giueing disturbance at this court," fined 5s.

E. C. 1697. Henry Jenings, "for vnreuerent beha­uiour at this court, for caleing the foreman of the jewry of this leet raskall, in contempt of this court, and the atho­ritey therof," sined 40s.

M. C. 1722. William Jarvis, (returned for insulting the jury) for "in some measure justifieng what he said to the jury, and adding unbecomeing behavior," fined 20s.

E. C. 1727. Richard Guest, "for misbehaving him­self in open court, and using ill language there," fined 40s.

See Constables, Iury, Scavengers.

Defaulters.

Resiants.

M. C. 1684. 196 persons, for having made "defaults in not doeing their . . . suits and services to the . . . court leet. . . . haueing had sufficient warning for the same," amerced 6d. each.

(Upon the presentment of the bailiff.)

E. C. 1687. 188 persons, "for making default of theire sute and service to his majestie att this court," amerced 6d. a-piece.

N. B. The presentment is sometimes of "all persons that do owe suite and service at this court, being reciants and inhabitants, and did not appear," without naming them; and the amerciament sometimes 1s.

The above instances are only noticed to shew the anti­quity of the custom, of which there is similar evi­dence at almost every court down to the year 1765.

See the Special Entries.

Summoned upon Pain.

E. C. 1687. Six persons, "being summoned vpon paine to bee chosen into an office . . . for having made default," amerced 5l. a-piece.

E. C. 1694. Four persons, "for not apearing at this court, being sumoned upone paine of fiue pounds," amerced 5l. a-piece.

[Page 12]E. C. 1700. Ten persons amerced for default 5l. each. Note, These amerciaments occur almost every Easter Court down to the present time: and this amerciament being the "pain" intended by the summons, it does not seem to be in power of the affeerers either to mitigate or to increase it*.

Disorderly Houses.

E. C. 1683. Carey Harris, widow, "for keeping dis­orderly house for three months," amerced 3l. 10s.

Several others amerced for the same offence.

E. C. 1684. Anne Simpson (presented by the consta­bles) "for a suspeckted house of bawdry," for six months, amerced 5l.

Two others, "for a disorderly house," 5l. each.

M. C. 1686. Thomas Pettee, "for keeping a suspected disorderly house, and severall times refusing 'the constables' entrance when disorderly persons have been in the house," amerced 2l. 10s.

Others amerced for the like offence.

M. C. 1690. Mrs. Ruport, "for keepeing a house suspected of bawdreye, and denying enterance to 'the con­stables' when there were seuerall persons in the house, and the time very vnseasonable," amerced 5l.

Mrs. Phyladelphya Jones, "for keepeing a disorderlye house, and suspected of bawdreye," amerced 7l. 10s.

E. C. 1691. Mrs. Curtis, for refusing entrance to the constables, "there being company in the house," amerced 2l.

Another for the same offence, 2l. and 2l. 10s.

E. C. 1695. Upon the oaths of the constables, William Wade, "for keeping a disorderly ale house," amerced 5l.

Three others, for keeping "bawdy and disorderly houses," amerced 5l. each.

N. B. Such like presentments occur almost every court, for several years.

[Page 13]E. C. 1710. James Keate, "for keeping a lewd disor­derly house, and entertaining lewd and disorderly per­sons att vnseasionable times of the night, to the disturbance and annoyance of his neighbours," amerced 5l.

M. C. 1720. William Weetmore and Eufrum [Ephraim] Harding, "for keeping a disordlely house, or nigh[t] seller," amerced 20l.

M. C. 1733. Upon a complaint of the neighbours, James Ealing, "for keeping a disorderly house," amerced 5l.

E. C. 1735. Three, "for entertaining and harbouring disorderly persons at unseasonable hours," amerced 10l. 10l. and 20l.

M. C. 1737. Major Smith, "for keeping a disorderly house . . . and for entertaining therein lewed and disorderly persons of both sexes at very unseasonable hours in the night-time, to the publick disturbance of the neighbour­hood, and the great terrour of his mejestys subjects" amerced 50l.

Again, M. C. 1738, 50l.

E. C. 1745. Peter Wood, "for keeping a disorderly house . . . by keeping disorderly hours in the said house, and entertaining therein persons of ill fame and reputation," amerced 20l.

William Marjerum, William Dyos, John Moore, and Anna Maria French, for the same offence, amerced 20l. each.

M. C. 1745. Peter Wood for the same offence, "as 'appeared' to 'the jury' on the information of divers persons duly sworn before the . . steward . . . . in open court," amerced 40l.

E. C. 1746, William Dyos, William Marjorum, and Peter Wood, for the same offence, amerced 30l. 30l. and 40l.

E. C. 1774. Edward Bertles, for "the Talbot Inn," presented "as a very illgoverned and disorderly house," amerced 20l.

E. C. 1776. Upon the return of the constable, James Roupell, "for keeping a disorderly house," amerced 50l.

John Johnson (Talbot Inn) for the same offence, 50l.

E. C. 1777. William Smith (of the Fish alehouse, Strand Lane) "for keeping a disorderly house," amerced 20l.

Richard Reeve, "for keeping a disorderly house," amerced 40l.

[Page 14]The above John Johnson, for the same offence, 50 l.

E. C. 1781. William Clark (of the Fish alehouse) for "an exceeding disorderly house, and a receptacle in the night for loose idle persons," amerced 10 l.

E. C. 1784. Andrew Rook, alias Rorke (of the Fish alehouse) for the same offence, amerced 10 l.

Essex Stairs.

E. C. 1688. William Vincent, "for neglecting to amend Essex Staires after 6 moneths notice," amerced 5 l.

E. C. 1689. Mr. Leonard Hancock, "for a post in the Thames, much to the prejudice of the landing att Essex Staires att high water," amerced 3 l. 5 s.

E. C. 1691. Sir William Thompson and Mr. Tookey, "for not repayering Essex Stayers, the same being a com­mon passage for their majesties subjects to pass and repass to and from the riuer Thames, the said stayers b-ing much out of repayer," amerced 6 l.

M. C. 1715. Sir Edward Northey and others, for the landing-place at these stairs being "dangerous bad," amerced 40 s. each.

E. C. 1744. The surveyors of the highways, "on account of the stairs of Essex Street being in a dangerous condition," amerced 2 l.

E. C. 1758. The proprietors of Essex Stairs, "for that the said Stairs are in a ruinous condition," amerced 2 l.

Gaming.

E. C. 1694. Edward Mather, "for haueing card play­ing in his house betwen ten and eleuen of cloke at night," amerced 1 s.

E. C. 1700. Charles Johnson, "for keeping a billiard table . . . for publick use, 'being' a great inconveniency to the neighbors, especially to the youth, by induceing them to play at the same, and by loosing their money there are put to difficulties to obtaine more, and that by unlawfull means," amerced 5 l.

M. C. 1706. Sherrard [Sherwood] Dixon and his wife, "for keeping a gameing house . . . for cards, dice, and other vnlawfull games," amerced 5 l.

[Page 15]E. C. 1707. The same, "for keeping a common gameing house," amerced 5 l.

E. C. 1714. William Howell, "for keeping a com­mon gameing table," amerced 40 l. affeered at 10 l.

Sherwood Dixon, for the same offence, amerced 50 l. affeered at 30 l.

Margaret Cole, "for keeping a common billiard table," amerced 5 l. affeered at 40 s.

M. C. 1714. Angell Mager, "for keeping a common ninepin-yard and ill house," amerced 5 l.

E. C. 1720. Peter Brewer, "for keeping a common gameing table," amerced 20 l.

M. C. 1724. William Lucas, "for not keeping in a neat and orderly manner the skittle-ground within this liberty, whereby his majesties subjects are very much annoyed," amerced 2 l.

M. C. 1728. Thomas Harris, "for a common game­ing house, late hours, playing a game commonly called Missisipee," amerced 6 s. 8 d.

E. C. 1731. Thomas Hurrill, "for keeping a skittle-ground, and suffering loose and idle persons to game and play there, which is a great nuisance to the neighbours," amerced 13 s. 4 d.

E. C. 1732. Thomas Footman, "for suffering jdle persons (hawkers of run goods) to game in his house," amerced 6 s. 8 d.

Forestalling.

M. C. 1685. William Taylor, "for forestalling his neighbour," amerced 3 s. 4 d.

M. C. 1699. Joseph Whiston, "for forestalling his neigh­bours by hanging out silks, to the damage of the king's subjects," amerced 2 l. 10 s.—Again, E. C. 1700, 5 l.

Peter Williams, for the same offence, 5 l. affeered at 50 s. —Again, E. C. 1700. 5 l.

E. C. 1714. Chamack Ryley, "for forestaleing his neighbours, by putting out his basket and other goods after notice given," amerced 6 s. 8 d.

E. C. 1728. Thomas Baxter, "for forestalling the street," amerced 3s. 4d.

James Church, for the like, 1 l.

Incroachments.

E. C. 1685. William Bear, "for erecting a shed in Strand Lane for three month," amerced 2 s. 6 d.

Wm. Burch for the same, 2s. 6d.

M. C. 1685. William Taylor, "for making stair in the kings high way into Surry Street," amerced 5 s.

M. C. 1689. William Burch, "for building a hogsty in Strand Lane," amerced 10s.

William Bew, "for building a shedd in Strand Lane," amerced 10s.

Robert Browne, "for setting vp a shed in Strand Lane," amerced 10s.

M. C. 1690. Mr. Handcock, "for building a shedd in Howard Streete," amerced 3 s. 4 d.

Mr. Robinson, "for an incroachment in Surry Streete by a fruite standing," amerced 3 s. 4 d.

E. C. 1691. Leonard Handcock, Esq "for building a shedd in Howard Streete, the same incroacheing vpon the kings high waye 5 foote in bredth and 5 foote in length, or there aboutes," amerced 5l.

Mr. Thomas Bewraw, "for incroacheing on the kings high waye before his shopp, by makeing a bulke two inches into the streete, and three foote in length, or there aboutes," amerced 3s. 4 d.

E. C. 1699. Jane Syms, "for incroaching upon the Milford Lane Stairs, by taking away the ground," amerced 1l. 10s.

E. C. 1700. Jane Syms, "for an incroachment, in taking in two foot of ground in breadth near the free land­ing water stairs by Milford Lane . . . as also for cutting the said stairs shorter then they were severall years past, and stopping up the passage there that no boat can conveniently come to the said staires to land there, either with passengers or goods, to the great prejudice of his majesties subjects, and of the inhabitants near adjacent, notice thereof 'having' been given her for eleven months last past," amerced 20 l.

E. C. 1701. Jane Syms, "for an incroachment in takeing in 2 foot of ground in breadth near the free landing [Page 17]water staires, commonly called Millford Lane Staires, within this liberty; and alsoe for cutting the said staires shorter then they were for severall yeares past, and stopping up the passage, by placeing and laying a dung barge or barges there that noe boat can conveniently come to the said staires to land there either with passenger's or good's, to the great damage and annoyance of his majesties leige sub­ject's, and of the inhabitant's near adjacent," [...]me [...] 1 l.

E. C. 1703. Jane Boucher, "for an incroachment before her dwelling house on her majesties high way in the Strand," amerced 20l.

E. C. 1705. Sir Streneham Masters, "for an incroach­ment fronting the May pole in the Strand, in the Savoy liberty, being two foot six inches into the queens highway, and one foote to the backside of St. Clements church, the same being continued five months and upwards after due notice given," amerced 50l.

The same, "for building up a shed upon the publick high way, and continueing the same after some part of it was broke down by order of the jury," amerced 5l.

E. C. 1715. Grovehouse, "for incroaching three inches on the kings highway, in a new building near Exeter change, and laying of the rubish, lime, and bricks in the street, without fencing in, to the great annoyance of the neighbourhood," amerced 20l.

E. C. 1731. Sarah Gibson, "for an encroachment on the king's highway, by suffering the tenant in her cellar to sett out greens and basketts in the street," amerced 3s. 4d.

Thomas Oldfield, "for an encroachment on the kings high way by an [...]erb stall ajoyning to his house," amerced 1 l.

Jonathan Sisson, "for a nusance in building a bulk, being an incroachment on the publick foot passage leading down to 'Beauford' Buildings," amerced 6 s. 8 d.

M. C. 1757. John Brander, "for projecting his shop window and encroaching on the kings highway," amerced 1 l. 19 s.

E. C. 1773. Robert Mylne, "for makeing and con­tinuing an encroachment upon the soil of his majesty by projecting the wall of his dwelling house . . . thirteen inches," amerced 5 l. Again, M. C. 1773. 10l.

[Page 18]E. C. 1773. William Hyde, "for makeing and conti­nuing an incroachment upon the soil of our souvereign lord the king, by projecting the front wall of the house occu­pied by his tenant, Mr. Ashbridge, twenty three inches, and by makeing in Strand Lane five stone steps leading to the door of the said house, measuring five feet and two inches, or therebouts," amerced 20 l.

The same, "for makeing and continuing another in­croachment on the soil of our sovereign lord the king within this manor and liberty, by projecting the front wall of his house in Surry Street occupied by Mr. Proctor," amerced 20 l.

M. C. 1773. Again, for both incroachments, 40 l.

M. C. 1773. Charles Grave Hudson, esq. "for erecting and continuing a porch and steps at his house in Arundell Street . . . which projects so much on the foot pavement as that there is scarce room left for a single per­son to pass," amerced 1 l. 1 s.

William Hyde, "for making a flight of steps in Strand Lane, being an incroachment on the soile of our lord the king, the bottom step being much higher then the pave­ment [at] one end," amerced 2 l. 2 s.

John Lawson, "for continuing a flight of steps, being an incroachment, at the back door of [his] house Strand Lane," amerced 1 l. 1 s.

E. C. 1779. Hans Wintrop Mortimer, esq. "for an incroachment on his majesty's soil of this manor . . . upon the landing places in Strand Lane and Surry Stairs . . . such incroachments 'being' attended with inconvenience to all persons resorting to the said landing places from the river, and . . . a very great nuisance," amerced 50 l. Again, E. C. 1780, 10 l. Again, E. C. 1782, 10 l.

Inmates.

M. C. 1684. Mary Day, "for divideing her house . . . into several tenements for the space of fiue moneths," amerced 2 l. 10s.

M. C. 1685. Anthony Plomer, "for taking jnmates into his house for . . . two moneths," amerced 10 s.

E. C. 1692. John Billing, "for letting two houses [Page 19]in Milford Lane . . . to severall families, and takeing of jnmtes," amerced 13s. 4d.

Iury.

Defaulters.

E. C. 1709. John Loggan, for "not appearing at this court, and refusing to assist and attend the rest of the jury, and bearing an equal share in their expences," fined 2l.

M. C. 1709. Richard Nichals, "for nott appearing and attending at this court, and nott attending the jury in their business out of court," amerced 10s.

E. C. 1724. Thomas Keene, "for not attending this day to do his duty, and likewise for not attending the jury upon their going their rounds . . . though proper notice was given him each time," fined 40 s.

M. C. 1748. Ignatius Douglas, Henry Ellers, and Henry Lamb, "for 'their' contempt in not appearing to do 'their' duty as 'jurymen' at the said court, though duly summoned thereto," fined 5l. each.

M. C. 1773. Thomas Beckett and John Twigg, "two of the jurymen . . . who 'appeared' . . . to have been duly and severally summoned to attend 'the' court . . . but 'had' made default," amerced 40s. each.

Departing without Leave.

E. C. 1732. Four persons, "for departing this court without leave, after having been sworn on the jury, and for not staying to hear their charge given," fined 10s. each.

Insults.

M. C. 1761. "It having been made appear to 'the' court that Joseph Hallet," (amerced 20s. for continuing a high post) "'had' been guilty of very insolent and im­proper [Page 20]behaviour to the jury . . . in the execution of their office, he 'was' fined for the same 20 shillings*."

M. C. 1763. William Richards, servant to Mr. Sneyde, "for insulting the jury in the execution of their office," amerced 1l.

Refusing to serve.

E. C. 1692. Jeremy Thornhill, "for refusing to serve on the jury . . . being duely summond and present in court, and refuseing to be sworne," fined 40s.

John Holden, for the like, 5l.

E. C. 1749. William Alexander, "for his contempt of the court, for refusing to take the oath of office as a jury­man, being duly summoned for that purpose, without giving any reasonable cause for his refulsal," fined 5l.

Nuisances.

Ashes.

E. C. 1685. Widow Barrier, "for anoying the street with ashes," amerced 2s.

Samuel Heath, for the same, 2s.

M. C. 1690. Rebecca Pritchard, "for sifting ashes in the street," amerced 3s. 4d.

Bulks.

E. C. 1716. Christopher Scrape, "for building a new bulk nere Exeter Change, and blocking up a door way into the said change, to the great detriment of Mr. Brown," amerced 2l.

M. C. 1746. Three persons, "for erecting 'bulks' or 'outsets' . . . in the street opposite 'to their houses,'" amerced 6s. 8d. each.

Carts in the Street.

E. C. 1683. Leonard Hancock, "for setting his graine carte in the kings highway, in Milford Lane, for the space of one month," amerced 5s.

[Page 21]Mr. Smyth, for setting his carte loaden with timber in the street," amerced 6s. 8d.

E. C. 1689. Mr. Leonard Hancock, "for stopping vpp the street with carts," amerced 2l. 10s.

E. C. 1696. Thomas Prentice, "for stoping up the kings high way . . . with carts . . . the same being an anuzance to all his majestes subjects passing and repassing the said high way," amerced 1 l.

Casks in the Street.

E. C. 1683. Mrs. Smyth, "for setting caske in the street for one month," amerced 3s. 4d.

M. C. 1695. Richard Thawts, "for hooping or cause­ing to be hoopt his caske in a pasage betweene Beuford Buildings and Fountaine Court . . . whiche 'stopped' the passage of his majesties subjects," amerced 10s.

E. C. 1709. Simon Harbin, "for suffering severall brewers casks to stand and be emptied of the wash before his door, to the great annoyance of his neighbours," amerced 3s. 4d.

M. C. 1732. Emmerton, "for placeing tubbs before his house," amerced 3s.

Cellar Doors and Windows.

E. C. 1686. Mr. Baswright, "for letting his celler dore lye open very far in to the street, to the great anoya[n]ce of the kings subjects," amerced 10s.

M. C. 1692. Lord Germayne, "for not covering and amending his celler window, the same being open and very dangerous for their majesties subjects passing and re­passing thereby," amerced 6 l.

E. C. 1721. William Roberts, "for not keeping his cellar or vault door . . . in good repair, to the annoyance and damage of his neighbours and others of his majesties subjects passing and repassing that way," amerced 10s.

Common Shore.

E. C. 1683. Joseph Whiston, "for occationing the common shore to be stopt by Exeter Chainge," amerced 10 s.

Dunghills.

E. C. 1685. Thomas Row, esq. "for making a dung­hill from his stable in the common street," amerced 5s.

The Lady Brown, "for throwing horse dung in the street," amerced 5s.

M. C. 1690. Sir Charles Porter, "for makeing a lay­stall in Millford Lane," amerced 3s. 4d.

Three others amerced for the like offence.

E. C. 1707. James Long and Francis Roods, "for making a dung wharffe and Beauford Building . . . and for continuing a large quantity of dung there for severall dayes, and for bringing the said dung out of severall parishes, and there laying and continuing the same upon the said wharffe, to the very great dammage and nusance of all the inha­bitants liveing there, and the like offence haveing been presented at former courts and not reformed," amerced 99l.

E. C. 1725. Francis Rhodes, "for making a dung wharfe or lay stall at the lower end of Fountain Court . . . being a great nusance to the inhabitants thereabouts and others, and for continuing the same after severall notices given to him to abate the same," amerced 20l.

Filth and Nastiness.

E. C. 1731. John Roads, "for a nucence by keeping of a great quantity of filth and nastiness in a vault under Fountain Court, to the great annoyance of the inhabi­tants," amerced 10l.

Hanging out Clothes, &c.

E. C. 1685. Richard Barber, "for hanging out cloaths in the street uppon a poll, amerced 5s.

E. C. 1697. Peter Williams, "for an incroachment and anuzance in the kings high way . . . by hanging out silks soe low in the street and his majestes subjects can­not passe and repasse as they vsed and ought to doe," amerced 1l.

House of Office.

M. C. 1684. Widow Day, "for a house of office emptying itselfe upon the kings high way," amerced 2l.

M. C. 1725. Solomon Humbleby, "for refusing the party vault or house of office to be emptied thro' his house, contrary to antient custome and usage, whereby the emptying thereof other ways became a great nusance to his neighbours," amerced 13s. 4d.

Obstructing the Passage.

M. C. 1721. John Simmock, "for obstructing the passage," amerced 13s. 4d.

C. 1718, held August 28th, to view a stop made in the Strand by Mr. Francis Saul and Mr. Richard Willett, by digging vaults before their doores, and thereby occa­sioning a stop for severall days;" adjourned ("disputes arising") till August 30th; said Saul and Willett amercod 5l. each, affeered (September 3d) at 50s. each.

E. C. 1747. Joseph Hallett, "for encouraging vagrant and disorderly persons to stand at the door of his house . . . the same being a nusanse and an obstruction to persons passing and repassing on the kings highway," amerced 1 l.

E. C. 1757. Tate, "for obstructing the foot­way with bird-cages," amerced 13s. 4d.

Open Places.

M. C. 1693. Upon the oaths of the constables, "Mr. Aldersey and Mr. William Bushel, the under­takers and managers of the city pipes, for break­ing up and leaueing open the ground in the kings high way in the Strand, neare Exeter Change, being very dangerous for there majesties subjects pasing and repasing the said way," amerced 5 l.

E. C. 1712. "The Duke of Beuford, for a defolt, letting a pease of ground ly open in Foutting Cort, wich seuerall peple fell done one story depe, for wich whe a mesing," 10l.

M. C. 1773. Hans Wintrop Mortimer, esq. "for opening and leaving open a drain in Strand Lane, and for leving in Strand Lane and Surry Street . . . a consider­able [Page 24]quantity of rubbish and materials for building," amerced 10 l.

E. C. 1774. John Tinckler, carpenter, "for leaving open and uncovered three areas in Exeter Street . . . being very dangerous to passengers, especially in the night time," amerced 3l. 3s.

Rubbish in the Street.

M. C. 1684. Mr. Robert Cordell, "for laying rubbish at the west end of the . . . Exchange," amerced 3 s. 4 d. (upon the oaths and information of the scavengers.)

Symon Fox, esq. "for permitting a heap of rubbish to lye at the syde of Mr. Weeks his house, and upon his owne ground in Surry Streete, for 3 months," amerced 1d.

Five others for the like offence. 10s. &c.

M. C. 1693. The undertakers and managers of the city pipes, "for leaueing there pipes and a quantety of rubbish in the street, it being a great nuzance to their majesties subjects," amerced 5 l.

M. C. 1730. Thomas Pyke, church-warden of St. Clements, "for suffering great heaps of lime and morter to lye in the church yard severall weeks," amerced 6s. 8 d.

M. C. 1746. Three persons, "for laying rubbish in the publick street," amerced, "unless removed in six days," 2l. 1l. and 1l.

Ruins.

M. C. 1683. Simon Fox, esq. "for a house in the Strand much decayed and in danger of falling downe speedely," amerced 5l.

M. C. 1765. Mr. Knot, "for not clearing away the rubbish in Water Street, and for not taking down the stack of chimnies and front wall in Arundell Street, where a fire lately was, it being very dangerous to passengers," amerced 2l. 10s.

E. C. 1767. The same, "for not putting up a proper fence before his house in Arundell Street, where the late fire was, it being a great nuisance to the neighbourhood there," amerced 2l. 2s.

[Page 25]M. C. 1773. [...] , "for continuing a stack of chimneys, being the remains of his late house burnt done in Water Lanel . . . whereby the lives of pessengers are endangered," amerced 5l.

Shed.

M. C. 1689, Mr. Wood, "for building a shed in Worcester Street, to the great annoyance of the neigh­bourhood and incroachment of the kings highway," amerced 1 l.

Sink.

M. C. 1726. Mary Armshaw, "for turning the sink of her house into 'Angell' Court, to the great annoyance of her neighbours," amerced 1 l.

Soil.

E. C. 1718. Josiah Keen, "for bringing his soil and scattering of it in the streets . . . to the great annoyance of the inhabitants," amerced 20l.

M. C. 1722. William Jarvis, "for annoying his next door neighbour by throwing out filth and soile, and darking his next door neighbour by hanging out cloaths, and also for an insult offered to the jury in the execution of their office," amerced 6 s. 8 d.

Stills.

E. C. 1707. Mary Bavige, "for not removeing a still in her house, whereby her neighbours houses have been and are in danger of fire, and likewise for keeping a disorderly house," amerced 2 l.

M. C. 1721. Peter Duamell, distiller, "for negli­gently fixing and putting up a still very dangerous to the inhabitants his neighbours . . . and others his majesties subjects," amerced 2 l.

Watercourse.

M. C. 1740. Mrs. Brown, "that she suffers her watercourse to break in upon her neighbour's vault to their great injury," amerced 1 l.

Pavements.

*⁎* The presentments for bad pavement before 17 are almost innumerable, but this branch of the jurys duty being now vested in a different body, they are not necessary to be more particularly noticed.

See Commissioners of Pavements.

Poulterer.

E. C. 1694. Nicholas Baker, poulterer, "for vending and selling stinking and corupt and unholsom pidgions," amerced 3s. 4d.

Savoy Prison.

M. C. 1708. "Terient Markmahone [Terence Mac Mahon] marshall or keeper of the prison in the Savoy . . . for exposeing to sale the 13th October instant within the same to soldiers impressed for her majesties service in the Savoy unwholsome beer and ale, by which many of the said poor men dye; and also for extorting from the said poor men three-pence a pint for the said unwholsome drink, and hindering them from buying any drink any where else . . . the jury 'being' of opinion it is very prejudiciall for her majesties service that the said Markmahone, being goaler there, should be allowed to sell drink," amerced 2l.

S. C. and E. C. 1709. The same for the like offences on the 20th October, 4 l.—21st, 2 l.—30th November, 5 l. —22d January, 6 l.—2d March, 7 l.

M. C. 1721. Captain Thomas Morphew, "for keep­ing the prison in a very unwholsom condition, and not allowing necessaries in bedding," amerced 50l.

E. C. 1725. Thomas Garton, alias Gartell, "for. keeping the prison in the Savoy . . . in a very noisome and unwholsome con [...]tion, in bad bedding and deficiency of provisions for the poor prisoners, whereby they labour [Page 27]under very great hardships, and are almost starved," a merced 50 l.

M. C. 1774. "On the return of the aleconners, William Jackson of the Savoy prison, for serving the pri­soners with several loaves of bread wanting in weight," amerced 40s. *.

Scavengers.

M. C. 1684. The scavengers, "for not clensing the streets for 2 moneths," amerced 2 l.

M. C. 1685. The same "for rubbish lying by St. Clements church-yard, &c." amerced 5s.

E. C. 1686. Ditto, "for not causing the dirt to be taken out of Strand Lane for three monthes," amerced 1 l.

S. C. "For not appearing last court leet," amerced 10 s.

E. C. 1692. James Browne, "for refuseing in con­tempt of 'the' court to serve the office of scavenger . . . being duely elected," fined 40 s.

*⁎* Since 17 these officers have been appointed by the commissioners of pavements.

M. C. 1766. Francis Thomas, scavenger to the com­missioners of the pavement, "for not cleansing the Strand from Exeter Change to Temple Bat," amerced 13 s. 4 d.

Seliing Drink without a Licence.

M. C. 1689. Thomas Towre, "for selling drinck in Strand Lane without a licence for 3 moneths," amerced 10 s.

Sewers.

See Commissioners of Sewers.

Strand Bridge.

E. C. 1711. Anthony Sabatier and Jeffery Nash, "late surveyors of the high ways for the liberty," for having "taken away the old stairs at Strand bridge, and contrary to the usadge and custom of the said stairs for 200 years and more . . . erected a plat forme about 12 foot from the old landing place into the river of Thames to the great cost and charges of the liberty, and 'had' not according to the notice given them . . . destroyed such their innovation, and 'placed' the stairs according to the ancient custom," amerced 20l.

E. C. 1743. "Thomas Maples and John Hemmings, surveyors for the highways, on account of the stairs of Strand Bridge being in a dangerous and ruinous condition," amerced 1 l.—Again E. C. 1744. 2 l.

M. C. 1743. The same, "on account of the railes at the head of Strand Bridge near the Thames being out of repair," amerced 13s. 4d.

M. C. 1744. The churchwardens of the parish of St. Clement Danes, "for not repairing and amending the bridge called Strand Bridge and the stairs thereto belong­ing . . . the said bridge and stairs being in a ruinous condition and very dangerous to persons passing up and down the same," amerced 2 l.

And again E. C. 1745, 5 l.

M. C. 1765. The churchwardens of St. Clements, "for not repairing Strand Bridge and the stairs thereto belonging . . . the same being in a ruinous condition and very dangerous to passengers," amerced 5 l.

[Page 29]M. C. 1775. The churchwardens of St. Clement Danes, "for neglecting to rail and fence each side of a certain bridge called Strand Bridge . . . It appearing to 'the jury' that his majesty's subjects passing over the said bridge are in 'imminent' danger," amerced 4 l.

Strand Lane Stairs. Surry Stairs.

M. C. 1773. The duke of Norfolk, "for neglecting to repair Surry Stairs and Strand Lane Stair," amerced 40 s. for each.

See Incroachments.

Watching and Warding.

*⁎* The watch being now under different regula­tions, none of the very numerous proceedings on this head are necessary to be stated.

Water Works.

New River Water.

E. C. 1684. The governors and company of New River water, "for not repairing their pipes, to the great damage of the inhabitants and annoyance of passengers," amerced 5l.

M. C. 1684. E. C. 1686. M. C. 1690. Other pre­sentments of the like nature.

Thames Water.

E. C. 1686. Ralph Bucknell, Esq and 'partners,' "for not mending their pips belonging to the Thames water in severall places," amerced 2l. 10s.

See Nuisances.

Weights and Measures.

E. C. 1684. William Fennel, baker, "for two halfe penny loues of wheaten bread wanting one ounce of the assise, and alsoe for six halfepenny wheaten loues wanting three ownces and a halfe in the 6 of the assise, and for [] halfe penny wheaten loues wanting halfe an ounce in each pennyworth of the assise, and likewise for two halfe penny wheaten loaves wanting halfe an ounce of the assise, all the fame day at seuerall houses," amerced 10l. 6s. 8d.

Several others amerced for the same offence*.

M. C. 1709. Verrient Mack Mohone [Terence M' Mahon] "for exposeing to sale . . . thirty one penny­worth of bread wanting thirty one ounces assize," amerced 10l. 6s. 8d.

E. C. 1685. Mr. Spencer, butcher, "for one half hundred waite wanting one pound," amerced 6s. 8d.

M. C. 1689. Mary James "her weights being too light," amerced 5s.

E. C. 1702. Henry Styleman, " [...] [...]ing in the way of his trade a pair of unequall [...]s . . . [...]cale a quarter of an ounce lighter then the other,' amerced 5s.

Three others for "offences nature," amerced 7 s. 6 s. 15 s. 10 s.

Catherine Lynton, "for a 2 pound weigh [t] a quarter and halfe a quarter of an ounce lighter then the assize," amerced 6s. 8d.

E. C. 1717. Five persons, "for light weights," amerced 6s. 8d. each.

E. C. 1720. William Harris, "for keeping false scale," amerced 13s. 4d.

M. C. 1755. Ritson, widow, "for useing short weights," amerced 3s. 4d.

M. C. 1766. Upon the return of the aleconners, Mrs. Fossick, cheesemonger, "for selling with scales no [Page 31]true ballance, to the great prejudice of the fair trader," amerced 2l. 10s.

E. C. 1785. Upon the return of the aleconners Mr. Fossick, cheesemonger, "for having scales which they found deficient," amerced 40s.

M. C. 1684. Mr. Davis, "for haueing short measure," amerced 3s. 4d.

"John the Coffeeman," for the same offence, 2s.

E. C. 1686. Mr. Thomas Kelly, "for one Wyn­chester quart wanting halfe a pint broaken," amerced 3s. 4d.

M. C. 1687. John Bancks, "for selling coales by an halfe busshell and a peck that wanted halfe an inch in breadth and depth," amerced 2 l.

Another for the like offence, 5 l.

M. C. 1689. Mr. Williams, "for a short yard," amerced 3s. 4d.

M. C. 1693. Mr. Hillton, "for selling ale and beare in falfe and vnlawfull messuers," amerced 1s.

M. C. 1705. Elias Allington and others, for "short yards," 6s. 8d. each.

E. C. 1721. Mr. Gardner "for fraudulently selling and exposing to sale with a yard or pretended measure of a yard made on his counter wanting an inch in length," amerced 6s. 8d.

M. C. 1727. Richardson, "for selling coals in sacks that want near 3 inches in length and near 7 inches in breadth of the standard [...] asize by law directed," amerced 20l.

E. C. 1735. Thomas Richardson (upon return of the aleconners) "for his bushell being short of standard measure," amerced 20l.

M. C. 1755. David Keen, coalmerchant, "for useing short measures," amerced 6s. 8d.

E. C. 1767. Upon the return of the aleconners, Thomas Townsend, "for having a short bushel measure for coals," amerced 5l.

E. C. 1772. "We the jury of this court and liberty, and also we William Manning, William Robinson, and Peter Greenough, three of the aleconners of this liberty, [Page 32]do present that the yard measures in general used by shop­keepers within this manor and liberty are wanting and short of the standing yard measure of London, one-eight of an inch, and the half bushel generally made use of in this manor and liberty 'is' also considerably wanting in length and depth of the standard half bushel measure of London; but it appearing that such yard and half bushel measures respectively have been stampt as true measures, and that the persons using them may have been themselves deceived, and may have used the same without any willful design to do wrong, we the said jury do not think fit at this time to present or amerce any individual for the same, but we the said jury and aleconners humbly pray that the steward, high bailiff, and burgesses of this court and liberty to order public notice to be given that every person within this manor and liberty do forthwith procure all their re­spective measures by them used, or to be used, within the same, to be made agreeable to the standard measures of the city of London; and we do also recommend it to the jury our successors to inquire after, present, and amerce at the next court all such persons as shall hereafter use any measures wanting or short of the standard measures of London; and in as much [as] we the said jury having been informed that the aforesaid bad measures now used in this liberty were so stamped as true measures by the proper officer of the liberty of Westminster, who is intrusted to stamp measures, and that his fees were paid for the same, do re­commend to the consideration of the court, and also of the new jury our successors, whether such stamping officer of Westminster aforesaid [should] not have intimation given [him] of the matters now presented by us, and be remon­strated with upon this occasion*."

See Aleconners.

Special Entries.

1. Concerning the Amerciament of the Simple Defaulters.

(Easter Court, 1709.)

No amerciament is made upon the simple defaulters this year for the reasons following.

What the simple defaulters was amerced before the year 1684 is uncertain, but it does appear plainly by the entries made in the leet jurys book, that for 12 years, viz. from 1684 to Lady Day 1696 the simple defaulters were amerced by the jury at 6d. each and no more: at which Lady Day (Joseph Whiston being foreman) they were amerced 12d.; but at the Michaelmas leet next following (Richard Acton foreman) the amerciament was reduced again to 6d. each, and so continued at 6d. till the year 1699 (Rober [...] Bampton foreman) when and from which time the entring the names of these defaulters was discontinued till the year 1704 (Joseph Gaywood foreman) and then they appear again in the leet book, and as 'tis there set down amerced 12d. each, and has so been kept up at 12d from that time to this Michaelmas 17 [...]8, when the present jury being desirous to reduce this amerciament to the antient and usual summe of 6d. the court seemed uneasie, and very unwilling to consent thereto, and the bailiff did not then or at any time since exhibit or produce to the said jury any list or roll containing the number or the names of such defaulters, nor make any returns to the jury, which he, as well as the constable, aleconner, &c. ought to do; yet notwithstanding a list is since entred in the steward's book (as we are informed) of 123 simple defaulters at the Michaelmas leet 1708, and another list of 146 at Lady Day leet next following; and money hath been demanded and received by the bailiff thereon, contrary both to the law, and the custom and usage of this mannor as we conceive.

  • Samvel Watkinson
  • William Champian
  • Wm. Widdowes
  • Henry Goby
  • John Wheeler
  • Richard Clark
  • Mark Bingham
  • John Wynell
  • Wm. Lukin
  • John Aldridge
  • Richard Guest
  • Simon New
  • John Loggary
  • Richard White
  • Geor. Eues"

[Page 34] *⁎* M. C. 1716. "We doe amerce all defaulters for not appearing at the court leet this day one shilling each man."

II. The appointment of a Constable by the Jury.

"The 5th day of July 1710.

Att a meeting of the jurors for the manor de le Savoy, in le Strand, in comt. of Middlesex, Parcel. Honor. & Ducat Lanc.

To the Honourable the Justices at Hicks' Hall.

Whereas John Musson was swore constable for the Savoy ward in the liberty aforesaid, at a courte leet held the 20th day of April 1710, and in the nineth year of the reign of queen Ann of Great Britton, etc.

Upon an indictment this day exhibeted before us, the treu copey hereunto annexed, held at a generall quarter sessions of the peace at Westminster the 30th day of June 1710, for evil practice and a notorious breach of the peace of our sovereign lady queen Ann, etc.

Wee the jurors for the liberty aforesaid, doe appoint and present Peter Vareen, an inhabitant and book­seller in the said liberty, to be constab[l]e for the Sa­voy ward aforesaid, in the place of the said John Musson.

Accordingly Peter Vareen was accepted and sworn constable in the courte at Hicks' Hall."

III. Orders relative to Persons summoned upon Pain.

"Mannor and liberty of the Savoy, in the Strand, parcell of the Duchy of Lancaster.

At a court leet held for the said mannor and liberty, the 25th day of April, in the fourth year of the reign of our sovereign Lord George, by the grace of God of Great Brittain, France and Ireland, king, defender of [Page 35]the faith, &c. Anno Domini 1718, before William Bel­lamy, esq steward of the said mannor.

  • Richard Willott Burgesses and bur­gesses assistants of the said liberty.
  • Watkinson Burgesses and bur­gesses assistants of the said liberty.
  • Phil. Pinckney Burgesses and bur­gesses assistants of the said liberty.
  • Richard Cooper Burgesses and bur­gesses assistants of the said liberty.
  • James French Burgesses and bur­gesses assistants of the said liberty.
  • Daniel Browne Burgesses and bur­gesses assistants of the said liberty.
  • John Wareing Burgesses and bur­gesses assistants of the said liberty.

At this court it was ordered by the court, that the bailiff of the said liberty, or his deputy, do issue new sum­mons according to the list delivered to him by the foreman of the jury, and according to the antient custome used in the said liberty: and then the court adjourned to Wednes­day the seaventh of May next."

"Mannor and liberty of the Savoy, in the Strand, par­cell of the Duchy of Lan­caster.

At a court leet held for the said mannor and liberty by adjournment on the 7th of May 1718, before William Bellamy, esq steward there.

  • Richard Willett Burgesses and burgesses assistants of the said liberty.
  • Phil. Pinckney Burgesses and burgesses assistants of the said liberty.
  • Daniel Brown Burgesses and burgesses assistants of the said liberty.
  • John Wareing Burgesses and burgesses assistants of the said liberty.
  • Richard Cooper Burgesses and burgesses assistants of the said liberty.
  • James French Tuttle Burgesses and burgesses assistants of the said liberty.

This court being informed that the bayliff of the said liberty, or his deputy, had summoned the resiants to appear upon 5 l. a peice, and severall of the said resiants not named in the list given him by the foreman of the jury, it was ordered by the court that Mr. James Fuller, in the absence of the foreman of the jury, do deliver a list to the steward of persons inhabitants to be summoned upon pain of five pounds a piece, according to the antiant custome, they not being summoned according to foremans list and the order of the last court, and that Thomas Collingwood do summons such persons in such list named, to appear on [Page 36]the 14th instant as usuall, according to a list to be given him for that purpose. And then the court adjourned to the 14th of May instant."

N. B. These orders are chiefly inserted to shew the antiquity of the foreman's list. In other respects they are of no authority whatever. If the bailiff had not done his duty, the court ought to have set a fine upon him, but had no power to transfer his office to another person*; a circumstance of which the steward could hardly be ignorant, which renders it probable he was not present, nor had any concern in this very irregular proceeding.

IV. Representation of the Jury (E. C. 1723) that no inhabitant ought to be put into an office in less than three years.

"We the jury for the liberty of the Dutchy finding by the jury book that it has heretofore been a method with severall preceeding jurys not to put any inhabitant into any of the ward offices in less then three years clear from their haveing served any one ward office, as alsoe not to putt any inhabitant on any office till he has been an inhabitant for full three years in the liberty; but notwithstanding that this has been observed by several jurys, yet, for want of its being inserted in the jurys book, the said rule has very offten been broke into, to the detriment and very great hardship of several of the inhabitants aforesaid, several of which have very often been put into two offices within the space of 2 or 3 years at most, while great numbers of the other inhabi­tants of the said liberty have escaped from serving any one office at all for 10, 15, or 20 years. To remedy this hardship, therefore, we doe here leave it as our oppinion and judgment, and as a very great peice of justice, doe recom­mend it to all suceeding jurys, That it the time of their chooseing the officers and jury to succeed them, that they [Page 37]would take the trouble carefully to over look this book and only to put in such as have enjoyed three clear years besides the year they were in any office: the jury alsoe recommend it farther to their successors to cause this said representation, or some other such as in their judgment will answer the purpose designed, in writeing at the end of their years account in this book for the good and just advantage (not of themselves only, but) of the inhabitants of this liberty in generall."

V. The Rules, Orders, and Forfeitures made and paid by the Jury, 1727.

"Ordered, That the constable (who attends the jury) be at the vestry room by 8 of the clock in the morning (when the jury are to goe their rounds) from Lady Day to Michaelmas, and at 9 from Michaelmas to Lady Day.

Ordered, That the beadles doe attend at the dore below stairs, and that they fail not of being their first.

Ordered, That every jury man who shall not be in the vestry room before the clock has stroke the first stroke of 8 in the morning for the summer half year, and of 9 for the winter half year, doe forfeit and pay 0 1 0

Ordered, That every jury man who shall neglect to walk shall forfeit and pay, over and besides the shilling above — 0 2 6 But such pursons as are sick or shall have the foremans leave to be absent, are excused from the two forfeturs above mentioned: but they are to pay their part of the expence of the day.

Ordered, That whatever jury man shall call the foreman by any other name or title (dureing the time the jury are together upon buisness) then Mr. Foreman, shall forfeit and pay — 0 1 0

Ordered, That whatever jury man shall come drunk into the jury, or swear, or t [...]lk bawdy or obseenly dureing the time the jury are together (on buisness) snall forfeit and pay for each of the said offences. — 0 1 0

[Page 38]Ordered, That the constable attending the jury be [lyable to all the said forfitures: but that he be allways excused from paying any otherwise.

The jury at their last court leet, and goeing out, gave,

  • To Faithfull, the upper beadle, — £. 1 0 0
  • To Reeves, the under beadle, — 0 10 0
  • To Mrs. Sainworthe (ve[s]try woman) 0 5 0 *

N. B. The foreman pays double forfeitures and double to every other expence."

VI. Representation of Inconveniences for want of a Watch House.

"October the 14, 1737.

We presented two the court leet a petition in the words following—and the court promest uss that thay woold take care of it, and give proper directions about it—which we ar in hopes to see finishet in a short time.

We humbly represent the many and great inconveniences this liberty at this time lyes under for the want of a watch house, the constubles being now oblidged to keep there watch in the round house in Strand lane, a place no ways fitt for that purpose, it is in a dark durty hole, and so remote from great part of the liberty—many and frequent disorders happen in the night, and more especially in the grand street, from Temple Barr to the Savoy, to the great disturbance of the inhabitance of the said wards and of his majesties subjects passing too and froe about there lawfull occasions† —and, in order to remedy this great complaint [Page 39]we haue bin carefull to find out a fitt and proper place which we hope will meet with your approbation—the place is at the east end of the new church in the Strand, we have had the ground measured, and find that there is full roome without aney hinderance to aney of the neigh­burhood—and we humbly hope you will give orders for the building of a watch house in that place, which will be of great service to the liberty*

VII. Leave given to the Coal Porters to erect a Shed.

"Memorandum this 4th day of May 1742. That Mr. Henry Garbrand and Mr. James Fletcher, church wardens, and wee the jury of the court leet of the Dutchy of Lancaster, did consent to give leave to the company of coal porters to erect a shed at Milford stairs, for conve­niency of putting up their sacks, &c. appearing to be no nusance to any person [as] Mr. Hutchens our raker ac­knowledged.

  • Thomas Maples, foreman
  • Joseph Townsend
  • Thomas Rayner
  • Samuel Wright
  • J. Warmingham
  • Benjamin L'huile
  • William Dowse
  • Samuel Trumbell
  • Aaron Trumbell
  • Edward Deaintree
  • Jo. Emerton
  • John Tice
  • Henry Howard
  • John Jones"

[Page 40]VIII. Election of a Foreman by the Jury.

"Memorandum.

Our late foreman, Mr. Thomas Moore, appointed by the jury last year, being dead, for our more regular manner of proceeding think it necessary to ellect another, and having maturely considered thereon, we severally and re­spectively approve of Mr. John Perry, our deputy, beleiving him to be a very proper person to succeed the late Mr. Thomas Moore, and we hereby declare and acknowledge the said John Perry as our foreman, and think it reasonable he should enjoy all the privileges peculiar to persons for­merly in that office, according to ancient custom, for which we have hereunto set our hands this 22d day of March 1757.

  • John Stevenson
  • William Williams
  • Daniel Walker
  • John Gregory
  • John Willis
  • James Clark
  • Robert Grammer
  • Richard Andrews
  • John Shipman
  • Edward Prior
  • William Redhead
  • Thomas Cahusac
  • Christopher Clifft.
  • John Harling
  • J. Clarke
  • John Henson

N. B. To signify that since the last court leet Mr. Thomas Moore, late foreman, being dead, Mr. John Perry, his deputy, was this day by the steward sworn foreman in his room."

APPENDIX.

THE OATHS OF THE OFFICERS.

OATHS OF THE JURY.

The Foremans Oath.

YOU, as foreman of this jury, shall diligently enquire, and true presentment make, of all such things as shall be given to you in charge; the Kings counsel, your own and your fellows, you shall well and truly keep; you shall present nothing out of hatred or malice, nor conceal any thing out of fear or affection, or for any reward, or for the hope or expectation of a reward, but all things you shall well and truly present as the same shall come to your knowlege. So help you God!

Oath of the Four next the Foreman.

The like oath that your foreman hath taken, on his part, you, and each of you, shall well and truly observe and keep on your respective parts. So help you God!

Oath of the rest.

The like oath that your foreman, and others your fellows, have taken on their parts, you, and each of you, shall well and truly observe and keep on your respective parts. So help you God!

OATH OF THE ALECONNERS.

You shall swear thar you will well and truly serve our sovereign Lord the King in the office of Aleconner for [Page 42]the [...] ward within this manor and liberty for the year now next ensuing, or until you shall be thereof discharged by due course of law: you shall well and truly do and execute all things belonging to the said office according to the best of your knowlege. So help you God!

*⁎* The oath of the FLESHTASTERS is to the ssame effect.

OATH OF THE CONSTABLES.

You shall swear that you will well and truly serve our sovereign Lord the King in the office of Constable for the [...] ward within this manor and liberty, or until you shall be thereof discharged by due course of law: you shall, to the utmost of your power, see the kings peace kept, and Keep all such watch and ward as have been usually accustomed and ought to be kept: and you shall well and truly do and execute all other things be­longing to the said office according to the best of your knowlege. So help you God!

THE BOUNDS OF THE LIBERTY OF THE SAVOY.

FROM THE PLAN OR SURVEY TAKEN THEREOF, BY VIRTUE OF A COMMISSION OUT OF THE DUCHY COURT, IN THE YEAR 1740.*

This liberty is divided into four wards, viz. Royal-Ward, Middle-Ward, Savoy-Ward, and Church-Ward.

The ROYAL-WARD 'lyes' on the east end of the liber­ty, beginning at the south-west corner of Temple-Bar, and [Page 43]from thence 'goeth' along by the wall of the Middle Temple on the south, and from thence 'extending' west­ward, and thence again towards the south, as the said wall goes along to the river, passing by a boundary stone with the mark of an anchor thereon, till it falls into the River of Thames, and from thence 'extending' along by the said river westward by several wharfs on the bank of the said river till it comes to Milford Lane, and thence northward up the middle of the said lane, comprehending the buildings on the east side thereof, till it shoots out into the Strand, and from thence stretching over towards the north-west till it comes to the south-west corner of Saint Clements Church, and from thence passing by the west door of the said church till it comes by the corner of a row of houses on the north side of the church-yard, comprehending the said houses, and going though a passage there to the middle of a street 'called the Backside of' St. Clements, and from thence extending eastward through the middle of Butcher Row by the kennel there till it comes opposite to the Ship Tavern, just beyond the east end of the Butcher Row, and from thence crossing over the way, as the kennel now goes, to the southward, opposite to Cross Keys Court, till it comes to the kennel next without the footway there, and from thence going eastward to Temple-Bar, where it first began.

The MIDDLE-WARD . . . begins at the kennel on the north side of the Strand, without the footway there, opposite to Milford Lane, and from thence extending down by the middle of the said lane to the River Thames, being bound­ed all the way on the east side by the RoyalWard before described, and extending from the bottom of Milford Lane [Page 44]all along by the River Thames, as the said river runs to­wards the north-west, till it comes to Strand Bridge Stairs, including the same, and from thence turning northward up Strand Bridge Lane, by the wall of Somerset House garden and Somerset House, the boundary towards the west, till it comes into that part of the highway called the Strand, where the kennel runs without the footway on the north side of the said highway, and then turning east­ward from that part of the said kennel which is opposite to the north-east corner of the front buildings in Somerset House, all long by the said kennel, till it comes opposite to Milford Lane, where the boundary first began.

The SAVOY-WARD . . . begins at the north-east cor­ner of the buildings in the front of Somerset House in the Strand, and from thence extending by the wall or boundary of Somerset House and garden to the River of Thames, be­ing bounded all the way on the east side of the Middle-Ward before described, until it comes to Strand Bridge, and from thence extending all along by the River of Thames, as the said river runs to the north-west, till it comes to a stone marked with an anchor in the wall next the river at the bottom of Cecil Street, and from thence extending in the same manner till it comes to Ivy Bridge, and from thence comprehending the said bridge, turning northward all along by Durham Yard, within the liberty of Westminster, the boundary towards the west end of the Duchy Liberty, till it comes into the middle of the high street called the Strand, comprehending the buildings described in the . . map to be the ancient scite of Salisbury House, and from the middle of the high street, opposite to Ivy Bridge * extending eastward till [Page 45]it comes opposite to the middle of Burleigh Street near Exeter Change, and from thence extending up the middle of Burleigh Street till it comes to a corner extending [Page 46]towards the north-east to the corner of a building about eighty foot in length, near which is placed in the front the mark of an anchor, and from thence going on by the ancient scite of Burleigh House, on the north-east side thereof, till it comes to the north side of a house fifty-five foot distant from the front thereof, now in the Strand, in the possession of Mrs. Nicholson, pewterer, and from thence proceeding on to the kennel on the north side of the Strand next without the footway there, eighteen foot or thereabouts distant from the front buildings there, and from thence extending to the eastward along by the said kennel, leaving the church of Saint Mary le Strand on the south, till it comes a little beyond the east end of the said church, and from thence stretching over as the said kennel in part goes to the middle of the highway called the Strand, opposite to the north-east corner of the front buildings of Somerset House on the north-west end of Strand Bridge Lane, where the boundary first began.

The CHURCH-WARD... begins a small distance from the end of Holywell Street, and from thence extending southward to the highway called the Strand till it comes to the boundary of the Middle Ward, almost opposite to Strand Bridge Lane, being bounded towards the west by part of the end of the Savoy Ward before described, and from thence extending eastward along the said highway called the Strand, being bounded towards the south by the Middle Ward before described, till it comes almost op­posite to the end of Milford Lane, and from thence stretching northward and north-eastward, near the corner of Saint Clements Church, being bounded towards the east by the Royal Ward before described, and going through the passage from Saint Clements Church-yard, near the said church, till it falls into the kennel in the middle of the said street, called the Backside of Saint Clements, and from thence extending towards the west all along by the kennel in the middle of Holywell Street, comprehending the buildings on the south side of the said street, till it falls into a cross kennel towards the west end of the said street, where the boundary first began.

FINIS.

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