Where High Constables and petty Constables are sworn.

THe making of high Constables, may be by Justices of Peace at quarter Sessions or at the Leet, either by the Steward or the grand Inquest as the custome is; heretofore they were Sworne in the Sheriffs [Page 7]Torne. Petty Constables are most properly chosen by the Steward of the Leet himself or the In­quests presentment in the Leet: yet they may be chosen by Justices of Peace in their quarter Sessions, and as the custom of the place is, for one or two years, and do usually take their Oathes where they are chosen, or may, Dalton. p. 37.38. and sometimes take their Oaths before a Justice of Peace at another time.

A petty Constable may be made by one Justice of Peace out of Sessions, Lamb. duty of Con. Cook 8.41, 42. Dal. 322, 323. as where one is chosen: [Page 8]and upon good matter shewed to the Justices, 21. Edw. 3.2. is taken off, and another chose; Mant. ca. 10. or by death of the former Constable the Ju­stice puts in another, for a present supply, especi­ally when the Quarter Sessions or Leet are far off.

There must be fit per­sons chosen for the Con­stables Office, not Clergy men; for if they be cho­sen, they shall be dis­charged by Writ.

He must be a lay per­son, not a woman; for although a maid be a house-keeper or dwell in [Page 9]a house where the owner was usually to serve, the office is not to be chosen no more then a Widow can do suit in a Leet.

He must be Idoneus, one that in some mea­sure hath knowledge to understand what belongs to his place; therefore an Ideot or Infant cannot serve.

He must be of known honesty, one that will ex­ecute his Office without malice or partiality; for a scandalous or contenti­ous person cannot be fit, In Anno 1650. neither can an old or de­cripted, sick, or an impo­tent [Page 10]or poor man; It was commanded by the King as a special directi­on for the Justices to choose of the ablest of the inhabitants; Which if observed, would be a great furtherance to the course of Justice through­out his Majesties domini­ons; but it is the common course to put the Office upon the poorest and weaker sort, but they are mistaken; for all are com­pellable to serve this Of­fice that shall be constrain­ed to come to the Leet, except Sheriff, Lawyers, and Attournies, which are [Page 11]to attend in their several places and vocations, and if they should, the Law allowes them Writs to discharge them.

Where one is under 21 years, he shall not be compelled to serve; nor an old man above 70. years, but may sue out his Writ Denon ponend. in assisses. & Jurat. vide ff. 2 Herb. Nat. br. And where a man hath Land in one Hundred, and lives in another, and is chosen to serve in the place where the Land lyes, if he hath no house where his land lyes, he shall not [Page 12]serve; for they are bound to serve in respect of their resiancy and not in respect of their Land; but if he have house in either, and lives sometimes at one, and sometimes at the o­ther, he may be made one at either Leet.

If there be a man chos­sen either by Steward of the Leet, or by present­ment there that is unfit, or by one Justice of Peace out of the Sessons, the Justices at the Sessions may remove him by their order, and a fit person shall be there elected and sworn; but if he that is [Page 13]sworn at the Leet be a fit person, he cannot be re­moved by the Justices, but by the Lord chief Justice of the Judges of that Circuit, by the opi­nion of all the Justices; neither can custome or prescription exempt any man that is so chosen at the Leet. And if any man be fit and duly cho­sen in the Leet, he shall be there fined, if chosen by one Justice out of Sessi­ons, and he refuse to be sworn, he may be fined and indicted at the Sessi­ons.

A Constable may make [Page 14]a Deputy; for else how should the place be sup­plyed in case of sickness or other misfortune? but if there be negligence or misdemeanor committed by the Deputy, the Con­stable shall be respon­dent and answerable for them; Yet if the Deputy be a fit person and sworn into the place, the De­puty shall answer for him­self; yet it hath been de­livered for Law by the Judges, that this is ra­ther a Tolleration then Law.

High Constables of Hundreds are conserva­tors [Page 15]of the Peace in their Liberties and Precincts by the common Law of England. 3 Edw. 4.9. Crompt. b. & 122.11. Hen. 7. fol. 18. There­fore the High Constables for any affray made at the petty Sessions, may imprison the Offendors. Cook 11.43, 44.

In the Limits of their several Towns are conser­vators of the Peace; all petty Constables Virtute Officii, Bro. Peace. fol. 127. Tit: Affray and for­cible entry; but they can­not take surety of the Peace, at the request of [Page 16]any man; yet they may ex officio, cause such as are in their presence, and are about to break the Peace, to find sureties for the Peace as well be­fore the affray as after. 12 Hen. 7.18. Crom. b. 222.

Any man that shall make an affray in the pre­sence of the Constable or Borsholder, threaten to kill or beat another, or ready in an affray to break the Peace, the Constable or Borsholder shall commit them to the stocks or to safe custo­dy, and after carry them [Page 17]before a Justice, and re­fusing to give surety, may commit them to the Goal. 3 Hen. 4.9, 10.

A Constable cannot take a Recognizance, be­cause he is no Officer of Record; if an obligation, the question is how it shall be certified an in­to what Court; and that if should be inconvenient for to give Constables such authority, was the re­solution of the Lord An­derson; yet there were other justices of opinion, that though they could not take bayl nor Recog­nizance; yet they might [Page 18]take surety by obligati­on; for the Peace was preserved by constables long before Justices of Peace; but the ancient way of the keeping of the Peace, was by Writ out of the Kings Bench or Chancery.

Where a Constable had found any brake the Peace, by the antient common Law it was thus; all such Offendors the Constable might impri­son in the stocks, or at his own house, according to the quality of the per­son, until they had been bound by obligation with [Page 19]sureties to the King for the keeping of the Peace; which obligation was to be sealed and delivered to the Constable, to the Kings use, and the Con­stable was to send it into the Exchequer or Chan­cery, from whence pro­cess should be awarded to Levy the Debt, if the Peace were broken. Vi­de Finch, Ch. 127.

Any Constable, petty Constables Sheriff, Coro­ner or Justice of Peace, may by the ancient com­mon Law, arrest or impri­son all persons whatsoe­ver that shall be violators [Page 20]of the Peace, in any of their presences, by virtue of their Offices within their Jurisdictions or Li­mits; but they are to meddle only with affrays, assaults or batteries, or threatnings to break the Peace: and if they be negligent in their Offi­ces, may be indicted and fined for the same.

And if they have com­mitted or bound over any or breach of the Peace, they must attend the Goal delivery or Sessi­ons of the Peace, to de­clare offences for which they were bound over or committed.

The Offices of Sheriffs, Coroners, Stewards, or the Sheriffs Torns of the Leet and of the Court of Pypowders, and all Ju­stices of higher courts were long before the con­quest. Vide Cook 49. pars in Praefacio.

In Lamb. 16.17. you may read of many others who were by common Law, that had the custo­dy of the Peace, and were nominated Custo­des pacis; some were by election, other by tenure, others were by the Kings Writ, and had their du­ration for terme of their [Page 22]lives, or quamdiu se bene gesserint; bt they are all antiquated and obsolete.

A Constable may Ar­rest any that shall make any affray; if he flyes into a House and shuts the doors, he may Justifie his breaking open the doors; & if he flyes from thence in fresh suit, he may per­sue him, though in an o­ther County; and where two be a fighting, though no hurt done, he may ap­prehend them, and make them find sueties for the Peace; and if any be mortally wounded, he may carry him to the [Page 23]Goal; for he is not Bayl­able, for the fact is felo­ny in case the Party dies within a Year and a day.

If any shall assault a Constable doing his Of­fice, he may upon se de­fend, Justifie the killing of him, if he cannot other­wise avoid it.

If a man be taken in or near the high way Rob­bing, and be brought to a Constable, he must forthwith bring him be­fore a Justice of Peace to be examined, and if he finds cause, have him to the Goal.

If any do suspect any [Page 24]of murder or felony, he ought to bring him to the Constable, that he may have him before a Justice, with him that suspects him, that upon examination if it be found that there is any probabi­lity in it, the Constable may search for him; and a Constable may Arrest one that is indicted of felony upon his own au­thoritie.

If any fly for felony, it is the Office of the Con­stable to seiz his goods; for if they should be em­bezelled, he must answer for them; therefore it is [Page 25]best to Inventory them with the testimony of his neighbours.

A Constable may com­mit any that he shall find in adultery or fornicati­on, 1 Hen. 7.7. taking company with him to bear witness; and where he hath arrested any, or hath in his custo­dy any that ought to be carried to Goal, he may raise sufficient strength for his safe carriage, or in the interim commit to custody, or to the Goal, and the Goaler shall have no fee at this reception.

When a Warrant shall be directed to the Con­stable, 27 Hen. 7.39. [Page 26]stable, or any other infe­rior officer under him, he must use all expedition and security for his appre­hension, requiring him in the Kings name to go with him; and if he shall deny, he may forthwith commit him to prison, & resisting or making an at­tempt to escape, may ju­stifie the beating of him; and if he is willing to go, he may chuse what Justice he will go before; but in case it be ground­ed upon a Writ of Sup­plicavit, the Delinquent is compellable to go be­fore that Justice from [Page 27]whom the Warrant came, upon which the Supplica­vit is grounded, and if he refuseth, he may instantly carry him to the Goal; and if the party goeth before some other Justice of Peace, and puts in bayl in some of the Courts at Westminster, whereupon he hath a Su­persedeas, the Constable or inferiour Officer must presently discharge him, keeping the Supersedeas, in case he be questioned by the Justice from whom the Warrant issued.

The 21. Jac. 8. menti­ons all Supersedeases to [Page 28]be void, unless the pro­cess of the Peace or good behaviour, whereupon such Supersedeas is grounded, be granted upon motion in Court, with able Sureties, toappear to the Judges of the same Court, upon oath to be assessed at five pounds land, or ten pounds goods in the Sub­sidy-book; the oaths, and names, and places of such sureties shall be en­tered, and remain of Re­cord in the same Court, unless it appears that the Judges from whence the Supersedeas issued, doth [Page 29]desire such Supersedeas, bona fide, by some party grieved in Court from whence it came.

A Constable must take special care, having ar­rested any man, that he doth not wittingly or neg­ligently let him escape; look what offence the party escaping is culpa­ble of, the same is the Constable or inferiour Officer that apprehends him; and it lyes in the power of the Judges to assess what Fine in their discretion they think fit; and if the offence be hai­nous, to the value of their goods.

In London the Consta­bles ought to be assistant to the Colledg of Physi­tians with seven miles thereof, 11 Henry 4.24. Stanf. 35 Physiti­ans. for the due Ex­ecution of such Statutes as do concern Physitians, Apothecaries and Chi­rurgions, as you may read in the Statute of 14 Hen. 8. cap. 4, 5.23 Hen. 8.1.

A Constable may ar­rest any Purveyour that shall take any thing from any of the King Subjects, (unless it be for the Kings houshold) and if he ne­glect his office, Purvey­our 23 Hen. 8.3.28 Hen. b. ca. 1. he forfeits twenty pounds; neither [Page 31]can he take any thing of any person, but by the de­livery of the Mayor, Bay­liffe, Constable, or other such Officer of the place from whence the thing is taken.

Where any shall take any thing for the Kings house, it must be done by Tailes, or Indentures seal­ed between the Owner and the Taker in the pre­sence of the Constable or some other Officer, and the Owner to be satisfied for it, 10 Edw. 3. ca. 1.

No Taker shall take any kind of provisions whatsoever without a [Page 32]Commission, and a blank for the County in which the said several things are taken, and the prizes thereof shall be written, 1 & 2 Phil. & Mar. c. 9. to which the Constable or other Officer shall put his Hand and Seal, and make a breviate thereof in writing, 10 Edw. 3. cap. 1. containing the provision so taken, upon pain of an hundred Marks, to give it the Constable or other Offi­cer, to deliver it to the Justices at the next Quar­ter Sessions.

If a Purveyor shall seize any thing to the Kings use, 20 Hen. 6. cap. 8. not exceeding [Page 33]forty shillings, and shall not pay ready money for it, the owner of the goods taken may retain them; the Constable or other inferiour Officer, being required, ought to aid and assist the party, whose goods are taken, upon the the penalty of the for­feiture of double the va­lue.

Every Offender that shall be committed to the common Goal, his com­mitment shall be at his own charge, his goods shall be sold, and the o­verplus paid to him; 21 Jac. 28.3 Jac. if no goods, a tax shall be made [Page 34]by the Constable, and Church-wardens, and two or three other of the In­habitants of the Parish where the Offender is taken, which being al­lowed by a Justice of Peace, Concer­ning the convey­ning of Offendors to Prison. if any that be taxed refuse to pay, by warrant from the Justice, the Constable or other Officer may distrain and sell the goods, rendring the overplus.

Concerning the execut­ing of the Statute 7 Jac. 4. Beggars & Rogues against Vagabonds and Rogues, the Justices are to assemble twice a year; if occasion be, oftner; [Page 35]and five days before the Justices may command the Constables and other inferiour Officers of all the Hundreds, Tythings and Parishes, to search for such persons, or any other suspected, within their Jurisdictions and Li­mits, and such as shall be found, bring to the said Justices; if upon exami­nation they shall be found of a loose and idle life, by warrant they shall be sent to the House of Cor­rection, there to be pu­nished, and set on work; and the Constables must give an account under the [Page 36]hand of the Minister of the Parish, what disso­lute persons they have punished, or sent to the House of correction; and if they neglect their du­ty, the Justices shall fine them, not exceeding for­ty shillings.

The Church-wardens of every Parish shall levy money for the relief of the Goal Prisoners, Prisoners. upon the penalty of five pounds to be paid every quarter to the High Constables; and they must pay of the same at the next Quarter Sessions to the Receiver that shall be appointed by [Page 37]the Justices at their Sessi­ons, upon the like penal­ty of five pounds.

High Constables ought to present to the Justices the defaults of Watches, & the Kings High-wayes, that there be no ditches or bushes within two hun­dred foot on every side of the High-wayes; and likewise if any shall lodge Strangers for whom they will not answer; by the Statute of Winton. and 13 Edw. 1.

Upon pain of forty shillings, Kings-Bench & Marshal­sey. the High Con­stable must at every Quar­ter Sessions pay the mo­ney [Page 38]for maimed Souldi­ers, and likewise such moneys to one of the Treasurers of the Shire, as the Church-wardens have paid to him for the Prisoners of the Marshal­sey and Kings-Bench, up­on pain of twenty shil­lings, 43 Eliz. 3.1 Jac. 25.

All popish Recusants shall be presented by the High Constables or Church-wardens at the Quarter-Sessions, Recu­sants that come not to Church monthly, and the names of their children that are nine years old and up­wards, living with their [Page 39]Parents, and the names of their servants, upon the penalty of twentie shillings for every default: And if they be indicted and convicted, the Con­stable shall have out of their goods fourty shil­lings.

A Constable may com­pel any Inn-keeper or Victualer to lodge any Traveller or Stranger, Inholder by the Statute 5 Edw. 4.3.3 Car. 1.

By the 3 Car. 3. Alehon­ses. All that keep common Alehouses, that sell without Licence, shall forfeit twenty shillings, which [Page 40]penalty, after warrant from the Mayor or Justi­ces, shall be levyed by the Constables where the of­fence shall be committ4ed, to the use of the poor of the same Parish by way of Distresse, and in default of payment to be sold within 3. dayes, rendring the overplus: It shall be a conviction if in the view of such Mayor, or Justice, confession, or upon the Oath of 2. Witnesses, which the Justices shall administer, and if the offendor have not goods, or pay not the penalty within six dayes, the Ju­stices [Page 41]may commit such offendor to the Constable to be Whipped; and if the Constable or Inferi­our Officer shall not exe­cute the punishment, he shall be committed to the Goale, until the offendor be punished as aforesaid, or until the Constable shall have paid for the neglect of his duty forty shillings, to the use of the poor of the Parish.

Servants that are re­tained in Husbandry, Servants. must be according to the Sta­tute 5 Eliz. cap. 4. after such retainer, shall not depart till the time is ex­pired, [Page 42]or have a Testimo­nial under the hand of the Constable, or other Officer, with two of the Inhabitants of the Parish where they last served; and such Testimonial shall be dated by the Mi­nister, taking two pence for the Registring; and if he be retained in any other service without such Testimonial, he shall be imprisoned till he procure one; if he get none with­in twelve dayes next af­ter his imprisonment, he shall be Whipped as a Vagabond. Dabour­ers.

All Artificers or Mecha­nical [Page 43]Tradesmen the Con­stable shall set on work in time of Corn or Hay Har­vest, as are fit to labour by the day; and such as shall refuse, such Officer may imprison in the stocks two days and one night, upon the penalty of fourty shil­lings.

The Statute 2, and 3 Phil. and Mar. and 5 Eliz. 13. High­wayes. enables the Con­stables or other Officers, with the Church-ward­ens, yearly upon Tuesday and Wednesday in Easter week, to call the Parish together, and to elect two honest men of the Parish­to [Page 44]to be Surveyors of the High-wayes, for the re­pair of High-wayes lead­ing to any Market Town, and to appoint six dayes for the repair of those High-wayes before Mid­somer next ensuing, and to give notice the next Sunday after Easter six dayes, and by the Statutes above recited, must have one part of the Estate in­dented, and may call the Constable to an accompt for the forfeitures, for not amending the High­wayes, and may levie the same by Distresse, and sell the Distresse, returning [Page 45]the overplus, according to the Statute 18 Eliz. cap. 10. And if the Sur­veyers shall not have levy­ed and imployed the same within a year after the offence committed, shall render an accompt before two Justices of Peace.

By the Statute 18 Eliz. 7. Hedge­breakers. Constables may, or any inferiour Minister, Whip breakers of Hedges, and robbers of Orchards and Gardens, stealers of Corn and Wood, as be com­mitted to him by the Ju­stice, and if they neglect their duty herein, the Ju­stice [Page 46]may commit them to the common Goale till it be performed.

Every Constable by the Statute, Plague. 1 Jac. 31. that neglects their Office in the levying money, as they are appointed by the Justices, or other head Officers of Towns incor­portated, for the relief of the poor infected with the Plague, as it hath been Taxed, forfeits for eve­ry offence twenty shil­lings, to the use of the poor infected; and a Con­stable or other Officer, if the infection be out of the Town Corporate, Pri­viledged [Page 47]Place, or Mar­ket Town, may command persons infected to keep their houses; and if the persons will wilfully go abroad, it is lawful for the Watchmen with violence to enforce them; and if any person that is so in­fected, or having a sore running upon him, go a­broad, for the said offence he shall be punished as a Vagabond, by the Sta­tute 39 Eliz. 4. and to be bound to the good behaviour twelvemonths.

The Statute of 7 Jac. 11. Nets, and Setting-Dogs. does give power to Constables and other [Page 48]head Officers, being war­ranted by two Justices, to search the houses of per­sons suspected, except 40. l. per annum of inheri­tance, or worth 400. l. in goods, for setting-Dogs, or that keep Nets to take Pheasants and Partridg­es, and may take their Dogs, and cut their Nets.

The Statute of the 8 Hen. 6. c. 5. commands that there be in every Ci­ty, Waits & Measures Borough, and Market Town, Weights and Measures sealed, at which the Inhabitants may freely weigh. 11 Henry 7.4.

Such Merchandize shall be forfeited of any Wools, Merchan­dize. or other Mer­chandize that shall be shipped in any suspected place adjoyning to the water, if there be not In­dentures made between the owner, the Mayor, or Constable of that place, 14 Hen. 6.5.

Every Mayor, Sheriff, Bayliff, Constable, or any other Minister of Justice, within any of their Juris­dictions or limits, upon the pain of fourty shillings for every default, ought to search once every month at the least, the places [Page 50]where any unlawful Games shall be used, and may arrest and imprison both the Keepers and the Gamesters; and if any of the Officers aforesaid shall know of any Tra­desmen whasoever, Ma­riner, Fisher-man, or Wa­ter-man, that doth play at Tables, Dice, Cards, Tennis, Quoiting, Lo­gating, or any other un­lawful Game out of Christmass, or out of their Masters house in the Christmass, unlesse by the Masters license, that hath a 100. l. per annum, then such Officers may com­mit [Page 51]them to Ward, till he be bound to the King in Such a sum as the Officer shall think fit, not to use the same again. 23. Hen. 8.3.

By the Statute 21 Hen. 8.3. Bridges. four Justices are au­thorized to make a Tax of money for the repair of any decayed Bridge in the High-way; and this must be made by the Constable, or two of the suffioientest Inhabitants of the Parish.

The 23 Hen. 8.4. gives power to all Mayors, Sheriffs, Bayliffs, Vessels. and Consta­bles, (where no Wardens [Page 52]of Coopers be) to search, view, and gage Barrells, Kilderkins, Firkins, and other Vessels to be made there, to have the advan­tage as the Wardens of Coopers in the City of London hath.

The 27 Eliz. cap. 14. Making Malt. doth enable the Consta­bles of all Boroughs, or Market Towns, to view, search, and servey all such Malt, to be made of sold; and if any made at any time (except in June, Ju­ly, and August) but it shall have at the least three weeks in the sat floor steeping, and suffi­cient [Page 53]drying thereof in the months aforesaid, se­venteen dayes at the least; and if any sold that is good mingled with bad, or made of Mow-burnt Barley, or spired, or not sufficiently well trodden, rubbed, or fanned, where half a peck of dust, or more may be fanned out of one Quarter, then may the Constable, with the advice of one Justice of Peace of the same Coun­ty, cause the Malt to be sold to such persons at reasonable prices, under the common price of the Market, as to his discreti­on [Page 54]shall seem meet.

The 13 Eliz. 2. and 3. County stock. puts the power in the Con­stable and Church-war­dens of each Parish, if the Parishioners disagree, to Rate and allot within their parish, their Asses­ment for the Shire-stock, wherewith the Parish was charged at the quarter Sessions, and may levy the same, upon any of the Parishoners by distress and sale of his goods, re­storing the overplus to him.

By the 21 Jac. 7. Tippling all Constables and Church-wardens shall in their [Page 55]Oaths be charged to pre­sent the offences against the statute, 1 Jac. 9. Of all Inn-keepers and Ale­house-keepers, that suffers any to continue Tippling in their houses (except labouring men in dinner time, or lodger there, during their work, or up­on sufficient grounds to be allowed by two Justi­ces) forfeits ten shillings to the poor of the Parish; or that shall vend or sell less then a full quart of the best Ale or Beer for a penny, forfeits twenty shillings to the said use, the offences viewed by [Page 56]the Mayor, Bayliff or Ju­stice in their several li­mits, or proved by the Oath of two witnesses, and according to the 21 Jac. 7. one witness or his own Oath is sufficient to convict any; penalty is to be levied by the Consta­bles or Church-wardens of the Parish where the offences are done; in de­fault of payment within six dayes, the distresse to be apprized and sold, and the overplus restored to the party, upon pain of fourty shillings to the use of the poor, if the duty be neglected.

The 1 Jac. 29. speaks that all Justices of Peace, Victual­ing hou­ses. Mayors, Bayliffs, Head-officers, and Constables, in Lent-time may enter into all houses for Victua­ling, and where any flesh shall be suspected to be dressed, and finding any dressed in Lent-time, or on Fish-days, (except pro­vided for Ships, or killed three days before Easter) may seize the same as for­feited, and give it to the poor.

In the 3 Jac. 4. Present­ment of Recu­sants. the Statute enables Consta­bles and Church-wardens to be present once every [Page 58]year at the Quarter Sessi­ons, to present the month­ly absence of Recusants from Church, and their Childrens Names, nine years old and upwards, living with their Parents, with their Servants, and in default thereof, for­feits twenty shillings; and if any of them be indict­ed and convicted, (not before convicted) shall have fourty shillings of the Recusants goods.

The 3 Jac. 12. instructs the Constables & Church-wardens of all Market-Towns, Parishes, and Li­berties, where any offence [Page 59]is committed about the erecting new Wears along the Sea-shore, or in any Harbour, Haven or Creek, for the destruction of any Spawn or Sea-fish, in any Wear, or other Engine, within five miles of the mouth of any Haven, or with fishing with any Hay­net, or Drag-net, under three inches meash, may levy the forfeiture by di­stress, or sale of the of­fendors goods, returning the overplus.

The 7 Jac. 3. enjoynes the Parson or Vicar of all Towns and Parishes, Appre­tices. not incorporate, with the Con­stables [Page 60]and Church-war­ens, Collectors, with the Overseers for the poor, concerning money given for binding Apprentices of the poors Children within their Parishes, and they have the placing of them; and to give such monies with them as they shall think fit, according to the will of the donor; and if they make default, then every one so offen­ding forfeits three pound: and the Master, Mistriss, or Dame of such Appren­tices, shall bne bound with one or two sufficient sure­ties in double the summe [Page 61]they have received with the Apprentices to the Parson, Vicar, &c. to re­pay the mony so received at 7. years end, or with­in three months next af­ter. And if the Appren­tice, Master or Mistriss, happen to die within the term, then within one year next after such death the Parson, Vicar, or Con­stable, shall put forth such moneys within three months after their re­ceipt; and if there be not fit persons to be bound in the Townes and Pari­shes, then in the next Pa­rishes adjoyning the poor­est [Page 62]Children may be placed by the discreti­on of the Parson, &c. And that no Apprentice be above fifteen years of age to be bound; and the Parson, Vicar, Con­stable, &c. shall every year in Easter-week, or within a month, give up his account before four, three or two Justices of the Peace inhabiting in or next to the said Towns and Parishes, for all such moneys as they have im­ployed in binding of Ap­prentices; and of all Bonds and Obligations for the payments thereof: [Page 63]and the moneys remain­ing in their hands, they are at such accounts, or ten dayes after to deli­ver it to their Successors, or such as are in their places, with the bonds and moneys as they have in their hands not im­ployed.

The 21 Jac. 29. Cursing and swearing doth enable all Officers, whe­ther Justices of Peace, Mayors, Bayliffs, Consta­bles, &c. where any shall swear or curse in the hear­ing of any of the afore­sad Officers, or shall by two witnesses, or their own confession before any offi­cer [Page 64]where the offence is committed, be convinced by this Act to minister an Oath; the offendor for every offence shall pay one shilling to the use of the poor of the said pa­rish; and it is warranted by this Statute, that the Constables, Church-war­dens, and Overseers, may levy such sums of mony as shall be forfeited by di­stress or sale of the off­endors goods, rendring the overplus; and if he have no goods, and be a­bove the age of 12 years, he shall be set in the stocks three hours; if under the [Page 65]said age, and shall not in­stantly pay the 12 pence, then by a warrant from the Justice or head offi­cer, &c. shall be whip­ped by the Constable, Parent or Master, in his presence; all offences a­gainst this Statute, shall be done within twenty days after the offence committed.

By the 1 Car. 1. Propha­ning the Sabbath. there shall be no meetings or assemblies of the people out of their own parishes on the Lords day, for any sports or pastimes what­soever, as Bear-baitings, Bull-baitings, or other un­lawful [Page 66]sports or pastimes; if any offend herein, the forfeiture is 3 ^s. 4 ^d. to the use of the poor of the said parish where the offence is committed; it is a suf­ficient conviction if it be done in the presence of any officer, or coufession of the offendor, or one witness or more upon Oath: which the said Justice or any chief officer by this Act is authorized to administer; and if any of the said Officers find any person-offending, by warrant under his hand and seal, to the Consta­bles or Church-wardens of [Page 67]the parish where the of­fence is done, to levy the penalty by distress or sale of Goods, rendring, the overplus to the offendor; in default of distress to put the offend or in the Stocks three hours; the offend or must be prosecuted with­in one month.

The 3 Car. 1. punish­eth all Carriers, Carrier or Wag­goner. Waggo­ners, Carter, Wainman, or Drover that travels on the Lords day, with the forfeiture of 20 ^s. and all Butchers that kill or sell any victuals upon that day lose 6 ^s. 8 ^d. The summes and penalties after con­viction [Page 68]before a Justice of peace, or any other head-officer by warrant from the Justice, may be levy­ed by the Constable or Church-wardens, to the use of the poor where the offence is committed, by distress & sale of goods, rendring the overplus; here the conviction shall be by view of the Justice or other head-officer, con­fession, or upon oath of two or more witnesses; the offence to be prosecu­ted within six months.

Of the Sabbath and Holy. days.

BY the Statute of the 2 and 3 of Edw. 6. cap. 19. 1 Car. 1. and and 3 Car. 11. The Con­stable is enabled to re­strain all concourses of people, that come out of the limits of their own Parishes, for any pastimes whatsoever; And that there be not any Bare­baiting, Bull-baiting, En­terludes, Common-plays, or unlawful Pastimes on the Lords Day, and if any offend herein, by the [Page 70]view of one Justice of Peace in the County, or the chief Officer in a Corporation, by his own confession, or one witness upon Oath, before one Justice, or such an Offi­cer, forfeits to the poors use, 3. shillings 4. pence, to be levyed by distresse and sale of goods of the Offendor, by warrant from the same Justice, or Officer, to the Constable or Church-wardens of the Parish; and in case no distress, the Offendor is to sit in the stocks 3. hours. The prosecution upon this Statute, must be with­in [Page 71]a month of the offence committed; and in case the Officer be question­ed, the General Issue is to be pleaded, and any special matter may be gi­ven in Evidence, 1 Car. 1.

The 21 Jac. 7. says, Drun­kenness. all persons that shall be drunk, it shall be a con­viction upon the view of any Magistrate, confessi­on, or one witnesse pro­ving the same; the for­feiture is 5. shillings to be paid within one week af­ter the offence cōmitted to the Church-wardens of the Parish, to the use of the poor; in default of pay­ment, [Page 72]to be levyed by di­stress or sale of the offen­dors goods, by warrant from the Justice, before whom the conviction was; if the offendor is not a­ble, to be set in the Stocks 6. hours; and if the Constable or other Officer neglect his duty herein in punishing, or levying the forfeiture ac­cording to the Act, he forfeits 10. shillings to the poors use, where the offence is committed, to be levyed by distress or sail of Goods, rendring the overplus to the offen­dor; And all persons that [Page 73]shall continue tiplingin any Inn, Victualling-house, or Ale-house in the same City, Town or Village where he inha­bits, excepting handy-crafts-men and travellers, upon working dayes, one hour at dinner, labourers and workmen, which for following their work, so­journ or lodge in such houses, other then for ur­gent occasions allowed by two Justices, & the same be seen by any Mayor, or other Head officer or J. of Peace within their limits, or by Oath or two Wit­nesses; but by the Statute [Page 74]of 2 Jac. 5. the Magistrates view, his own confession, or one witness is sufficient to convict him; the for­feiture is 3s. 4d. to the poor use where the of­fence is committed, to be levied as aforesaid; and if the Offendor be not able to pay, to sit four hours in the Stocks; all these offences are to be pre­sented by the Constables or Church-wardens before the Justices of Assize in their circuits, Justices of peace in Sessions, Mayors, Bailiffs, and other Head-officers of Cities and Towns corporate, that [Page 75]have power to inquire of trespasses, and in Court Leets; they that shall be convict the second time, shall be bound with two Sureties in Ten pound, to be from thence of good behaviour, but none shall be punished by this Sta­tute, unless he be pre­sented, indicted, or con­victed within 6 months after the offence commit­ted; and the oath of him that confesseth the of­fence, shall be a convicti­on against any that of­fends at the same time.

The Constables Oath.

YOu shall well and tru­ly serve the Kings Majesty in the Office of a Constable, and shall see the kings Peace to be well and truly keept to the ut­most of your power; you shall arrest all such per­sons as in your presence shall ride or go armed of­fen sively, or shall commit or make any rito, affray, or other breach of the peace; you shall do your best endeavour upon com­plaint to you made, to ap­prehend all Felons, Bar­retors, or Rioters, or per­sons riotously assembled; [Page 77]and if any such offenders shall make resistance with force, you shall levy Hue ad Cry, and shall pursue them until they be taken; you shall do your best en­deavour that the watch in your town be duly kept, & that Hue and Cry be duly pursued according to the Statute; & that the Statute made for punishing vaga­bonds, rogues, and night-walkers, and such other idle persons coming with­in your liberties, be duly put in execution; you shall have a watchful eye to such persons as shall man­nage, or keep any common [Page 78]house or place where un­lawful Games are used, or such as shall frequent such places contrary to the Statute; And you shall have a care for the main­taining of Archery. At your Assizes, Sessions, or Leet, you shall present all the Offences contrary to the Statutes, made and provided for the restraint of inordinate haunting, and tiplingin Inns, Ta­verns, and Ale-houses, and other Victualing pla­ces for the repressing of Drunkenness, and pro­phane Swearing; you shall true presentment make of [Page 79]all Blood-shedding, Af­frayes, Out-cryes, Rescues, or other Offences commit­ted or done against the Kings peace within your limits; you shall well and duly execute all Precepts and Warrants to you di­rected from the Justices of Peace, and others who have authority in this County; you shall well and truly, according to your knowledge, power, and ability, do and exe­cute all other things be­longing to the office of a Constable, so long as you shall continue in the said office: So help you God.

Who be Rogues by the Statute.

ALL persons are Rogues above the age of seven years that shall call him­self a Schollar, Rogues. and go about a begging; Sea-fa­ring-men not suffering Ship-wrack, or having a Justices testimonial of or neer the place where he landed, if he beggs, or exceeds the time of his Testimonial; all that begs, or uses any subtil craft, or unlawful Games or Playes; that pretends skill in Physiogonomy and [Page 81]Palmestry, foretels Desti­nies or Fortunes, wandring persons, that call them­selves a Proctor, Procuror, Patent-gatherer, or Col­lector for any Goal or Hospitall, all Fencers, Bearwards, and Minstrels; all Juglers Tinkers, Ped­lers, Petty-chapmen, or Glass-men that wander abroad; all common la­bourers wandring abroad, not having meanes to maintain themselves, be­ing able of body to work, and refuse to work for lawful wages; all freed from prison, and begs for Fees; all that pretend [Page 82]loss by Fire; all (not be­ing a Fellon) that call themselves Egyptians. By the Statute 1 Jac. 31. such as go abroad wilfully, being infected with the Plague, and are com­manded to keep their houses, although no sore about them; by the Sta­tute of 39 Eliz. 4. they likewise are deemed, and taken to be incorrigible Rogues: the Constables and Tything-men of all Hundreds and Parishes shall upon the apprehend­ing of such Rogues, with the aid of the Minister, and one of the Parish, [Page 83]appoint such Rogues to be whipped until his body be bloody, and send him from Parish to Parish, by the officers to the place where he was born, if it may be known by his confession; if not, then to the Parish where he or she last dwelt by the space of a year; if that cannot be known, to the place where they passed last without punishment; and after such whipping, such Rogues shall have a Testimonial sealed and subscribed by the Con­stable or other Officer with the Minister, or any [Page 84]two of them; the sub­stance where of shall be Registred by the Mini­ster in a book upon pain of 5. shillings.

The manner of the Te­stimonial.

And such Rogues that fulfils not the contents of his Testimonials, then he or she shall be whipped in all places where de­fault is made, till they repair to the place so ap­pointed: And this Testi­monial must be carried [Page 86]with them, and it is re­quired to put down the several marks on the bo­dies of such Rogues, that the Officers may not be deceived: And if he will not be reformed, any two Justices of the Peece may commit him to the house of Correction, one being of the Quorum.

The Statute 1 Jac. 7. commands all persons to apprehend such Rogues or Vagabonds, as shall come to their Houses to beg Alms, and them to carry to the next Consta­ble or Tythingman, upon the penalty of 20. shil­lings [Page 87]for every default.

All Constables, Head-borrows and Tything-men, that shall make a­ny default in the execu­ting of their Offices, shall lose for every default ten shillings. And by the Statute, 1 Jac. 7. the Constable or Tything-man forfeits twenty shil­lings. And any other person that shall disturb any Officer in the execu­tion of his Office against Rogues, shall forfeit for every default five pound, and be bound to his good behaviour.

All Constables and Ty­thing-men, [Page 88]shall take and punish all Rogues and Beggars that shall be set a shore here fgrom Ire­land, Scotland, and the Isle of Man, till he come to the next Port or Pa­rish, where he was first Landed, upon the for­feiture of ten shillings.

If a Rogue affirms that he was born in such a Town, in such a County, and it appears to the con­trary, the Statute then terms him an incorrigible Rogue, and he is to be sent to the House of cor­rection; and if there be no House of correction, [Page 89]then to the Goal until the next Sessions, and there to be ordered according to the Statute. If the Husband and Wife have a house, and they wan­der up and down the Country, they must be sent to the Town where the House is; and so must likewise Inmates: And the Wife and Children under seven years, must be sent to the Husband; if he be dead, then with the Wife where she was born or dwelt last; and the vagrant children a­bove seven years of age, must be sent to the place [Page 90]of their birth; and if the vagrant Parents with their children under seven years old be placed at the place of their birth, or last place of their abode, if it shall happen after­wards that their Parents die there, or run away, yet the children once set­tled must there remain, though they grow to the age of seven years; and if the Wife be a vagrant Rogue, they must be sent to the Husband, though a Servant in another place.

Where any not being Rogues, do travel with their children through a­ny [Page 91]parish, if Father or Mother die or run away, the place is not to keep them where they die, nor send them away, but on­ly in charity, except they become wandring Beg­gars.

And where the Parents have work, they are to find their children with their labour; But where there is not sufficient, the Parish must bind them Apprentices according to the Statute.

None but vagrants shall be put out of the Parish where they dwell, nor re­leived by the Town, ex­cept [Page 92]impotent people, but ought to set themselves at work; if they cannot, the Overseers must set them at work; And all such persons as be of abi­lity to work, are not to be sent to their place of birth, or last dwelling, by the space of a year, but to the house of cor­rection, according to both the Statutes of the Poor, and Rogues; but if they have any lawful means to live on, though they work not, yet they shall not be sent.

If any Officer shall re­move any out of the Pa­rish, [Page 93]that ought not to be put out, it is against the Statute that is provided for the relief of the poor, and ought to be fined, and if any have been so sent, they are to be sent back.

Where any if sent to a Parish where he ought, and he is refused, whether a sturdy Rogue or impo­tent, the forfeiture is five pound; and he that is so sent, is to be left to the Church-wardens and O­verseers; And all Rogues must be sent by a Pasport and conveyed from Pa­rish to Parish, as the Sta­tute [Page 94]requires, upon the penalty of five pound. And likewise where the Officer will not receive a Rogue to convey him to the place where he was born or last dwelt, the forfeiture is five pound.

None may be permit­ted to beg by the High­wayes, though in their Parish, nor to take relief at any mans door, in the same parish, unless by the appointment of the Over­seers.

In the word Parents is meant a Father or a Grandfather, Mother or Grandmother, being able [Page 95]persons; and in the word Children, is any Child or Grand-child; and all Parsons or Vicars, may relief the poor of their parish as well as others that dwell in the parish.

Where any man hath an impropriation of any Tythes, Cole-mynes or Lands in manual Occu­pation, is chargeable; and those that have saleable Woods, where they re­ceive any annual benefit, shall be taxed to all the aforesaid payments; and where there is but one Church-warden, it is suf­ficient to charge any per­son [Page 96]with the Overseers.

No Justice of the Peace are to meddle in the cho­sing of a Constable, ei­ther in Sessions, or out of Sessions, where it hath been time out of mind used in a Court Leet, un­less there hath been some neglect, or misgovern­ment in the said Court. The Kings-Bench is to decide the difference, if any Justice of Peace shall intermeddle to remove a Constable that hath been chosen by the Leet, and the Leet may put him in again. For there always hath been a question of [Page 97]the Justices power herein, as you may read, Trin. 9 Jac. Ban. Regis, and in the Report of Stiles 362.

But it hath been agreed by all the Judges, if the Leet do not choose a fit man Constable, or neglect to give him his Oath, or doth any unlawful act in the choosing him, the Ju­stices may choose one; Steels Rep. 71. Mich. 22. Car. Ban. Regis.

And if a Constable die or be removed, then the Leet, if near, may choose one otherwayes; it must be done by the Sessions, or out of Sessions, by the [Page 98]two next Justices, and the Lord (if any miscarriage be proved) shall loose his Leet; and this was the Resolution of all the Judges in 1633.

But now there is a provision made by the 14 Car. 2. that if such offi­cer either remove or die, any of two next Justices, or any other two Justices may swear a new one to continue till the Leet or quarter Sessions, and then the Steward of the Leet or Justices, are to choose or swear an other. Or,

And if a Constable have served his Office a year, [Page 99]the Justices at their Quar­ter Sessions may discharge him of the Office, and put in another till the next Court Leet.

You shall read Trin. 9. Ban. Regis. that where there is no Leet for the Hundred, the Justices shall make High Constables, and this hath been con­stantly done by the Ju­stices.

Crook 1. part 283. sayes, that all Attorneys are priviledged from ser­ving any Office, and the reason is, because they at­tend the Kings Majesties Courts, and if any should [Page 100]be chosen, the Law allows them a Writ.

And likewise every Servant of the Kings Ma­jesties, in ordinary, are priviledged, because they are alwayes supposed to be attendants upon his Person in his Court or affairs. Vide Resol. of the Judges, 1633.

And if any be chosen to the Office of Consta­ble, and refuseth to serve, he shall be fined or im­prisoned for his con­tempt, and the Judges of the Kings-Bench may compel him to it if he have not some legal im­pediment, [Page 101] Vide Crook 1. 409.

The office of a Con­stable of a Hundred, may not make a Deputy for the Execution of his Of­fice, yet a Deputy may do many businesses in his Office in the Constables name, but the Constable shall be respondent for the same. Vide Resol. Judges in 1633.

Where in some Pari­shes or Towns, the custom of the place is, that the Office shall go from house to house, is not good, but yet where there is a cu­stome that every man [Page 102]that is sufficient in the place, shall serve the Office, or find a man to do it, may be good, Crook. 1.283.

A Constable of one Town shall not execute his office in another Town where he is not Constable, and the person that is so chosen must be person a habilis & idonea: Or else he may be removed. vid. le Statutae 10 Eliz. 4.18.

The Ministers Office.

THe Minister or Cu­rate of every Parish ought to Register the Te­stimonial [Page 103]of every Ser­vant at his departure out of his service, and two pence is allowed for the Registring.

He is to aid the Con­stable or Tythingman in the whipping of all Rogues, and to Register them, and to send a Te­stimonial with the Rogue after he is whipped, upon the forfeiture of five shil­lings for every default.

He hath power to give Licence to any that is sick during the time of his sickness, License to eat flesh. to eat flesh up­on days prohibited, and shall have four pence for [Page 104]Registring the same in the Church book, if the parties sickness continues above nine days after the Licence granted: But the Statute 1 Jac. 29. that no sick person by vertue of 5 Eliz. 5. is warranted to eat any Butchers meat in Lent, or any other dayes prohibited, but the sick person may incurre the penalty of the said Sta­tute.

If any person shall af­ter notice given by the Minister, Coming to Church. Curate, or Church-wardens, main­tain or keep in his house, or any where under his [Page 105]tuition, any person that wilfully refuseth to come to Church, forfeits ten pound for every month; and by 35 Eliz. 1. the the Minister or Curate of the Parish may require a­ny person within three months after his convi­ction, to make publick confession and submissi­on in the time of Divine Service on a Sunday or Holy day.

The 35 Eliz. 5. gives power to the Minister or Curate of the Parish, and to the Constable and Ty­thingman of any Town, to which any Recusant is [Page 106]sent, to enter the same into a book to be kept for the purpose, and shall certifie the same at the next Quarter Sessions for that County.

By the Statute of the 3. of King Jac. all Mini­sters after morning Pray­er or Preaching, Solem­nizing the 5. Novem­ber. shall publickly and distinctly read the said Statute con­cerning the miraculous delivery of the King and State from the Powder-Treason, giving to Al­mighty God a Sollemn Thanksgiving annually, in all Churches within his Majesties Dominions.

He that shall wilfully disturb a Preacher in his preaching, or shall rescue him that hath so done; a Justice upon complaint only, for six dayes, may commit him to custody; but after the six dayes, two Justices must take the examination, and finding it either by his own con­fession, or proof, or by two witnesses that he is guilty, may commit him to prison for 3. months. Vide le Statutae, 2 Phil. & Mar. cap. 3.

But this Act mentions not whether the evidence shall be by Oath, nor im­powers [Page 108]the Justice to give an Oath, and there­fore it is the surest way, to leave the Offendors punishment to the Sessi­ons.

And if an Offendor a­gainst this Act, doth make an escape, the Town where he escapeth, shall be punished. But no mention is made in the said Act, whether the evi­dence shall be by Oath; neither are the Justices impowered to give an Oath; Therefore it is the best way to leave the Offendor to the Sessions.

Where any man shall [Page 109]affront, threaten, or force any Minister to use any other Service, or hinder him in doing the Service according to the Book of Common-prayer (that is by sundry Acts establish­ed.) For the 1. offence, shall pay 100. Marks, for default of paying within six weeks after conviction, imprisonment without Bayl. For the 2. offence 400. Marks, non­payment in six weeks, 12. months imprisonment without Bayl. For the 3. offence, the loss of all his Goods, and Chattels, and Imprisonment du­ring life.

By the 2 and 3 Edw. 6. the first offence is ten pound, and for non-pay­ment after conviction, Imprisonment 3. months without Bayl. For the 2. offence, 20. pound, which if not paid in six weeks af­ter Conviction, imprison­ment six months without bayl. 3. Offence the loss of all his goods and chat­tels, and impisonment du­ring life.

A CONVENTICLE.

A Conventicle is de­scribed by the Can­non, The de­finition of a Con­venticle. to be a meeting of [Page 111]Ministers or others, to con­sult about any thing that shall tend to the depra­vation, impeachment, or abuse of the Doctrine of the Church of England, or of the Book of Com­mon-Prayer, or of any part of the Discipline, or Government of the Church, and by the Can­non the punishment is Excommunication, ipso facto Can. 73.

Vide le Statue 35 Eli­zabeth 1. punishes all per­sons that obstinately do refuse to come to Church, and perswade others to impugne the Queens au­thority [Page 112]in the Law Eccle­siastical, and to avoid the inconveniencies of the dangerous practises of se­ditious, schismatical and disloyal sectaries, or meet­ings of people, under co­lour or pretence of any exercise of Religion, con­trary to the Lawes and Statutes, vide Lamberts Justice of Peace; in title Commission of the Peace: There he describers it to be a meeting under co­lour of exercise of Reli­gion, to oppose the Kings Authority in causes Eccle­siastical, or against the Laws and Statutes of the Realm.

By this Statute, the Constable is commanded to go where he hears their Meetings are, and to car­ry them before the next Justice, and after being thereof convicted, is to be committed to Prison, and there to remain with­out Bayl, till he conform or come to some Church, Chapel, or Place of Com­mon-Prayer, to hear Di­vine Service according to the Laws and Statutes; And being so convicted of this offence, shall re­fuse to conform, and come to Church, and to make his submission [Page 114]within 3. months after, being required by the Bi­shop of the Diocess, Mini­ster of the place, or one Justice of the County where he lives, then such person at the quarter Ses­sions, or Assizes, shall there take his Oath to abjure the Realme for ever, un­less Licensed by the King and his Council to retune. And his Adjuration shall be certified by the Justices to the Judges of Goal-delivery, and if he refuse to abjure, or departing, return without the Kings License, shall suffer as a Fellon.

It is further explained by the said Statute, that he that shall abjure, or shall refuse so to abjure, being required, shall for­feit all his good and chat­tels for ever, and lose all his Lands and Tenements for life, and no longer; but no loss of Dower or Corruption of blood, to be in this case.

The Church-Wardens Duty.

BY the Statute 12 Hen. Their office by the com­monlaw. 7. in fine Church-war­dens by the common Law [Page 116]of England, are taken by way of favour to the Church to divers purpo­ses, and as it were for a Corporation, being ena­bled to take Moneys, Goods and Chattels, and may Sue and be Sued for them to the use and profits of the Parish, so that any man may in the time of his Life, or by his last will, give and bequeath moneys, or o­ther moveable goods, ei­ther to the Church-war­dens, or to the Parishio­ners of a Parish for the separation of the Church, or for the buying of [Page 117]Books, Communion Cups, or other Ornaments for the Church; and the Law so favourably doth take it, that its not materially needful to express it in apt words or writing; as for example, if one give a Bell, and hang it up in the Steeple, or make a Pew in the Church, and makes no word of writing thereof, yet it is by this Dedicated and given to the Church: Lib. intra. fol. 570. 11 Hen. 4.12. 8 Hen. 7.12.

The Church-wardens may maintain an appeal of Robbery, against him [Page 118]that steals any thing out of the Church, being once in the possession thereof, or an action of trespass, as you may read 37 Hen. 6.30. and 34.11 Hen. 4.12. 8 Edw. 4.16. and and if the Parson or Vi­car shall take any of the Goods belonging to the Church, the Church-war­dens may bring their Action, and recover dam­mage to the use of the Pa­rish; and if those Church-wardens dye before the Action be brought, or the Goods for which they sue be recovered, their sue­cessors may bring their Action

And if any of the Church-wardens do waste the Goods of the Church, the Parish may put out those and choose new, and the new church-war­dens may bring an action of Accompt against the old, and compel them to make satisfaction to the parish for the wrong they have sustained during their office; and although the custom of some pa­rishes is to continue them, some one year, some two years, some three years; yet upon any default in them, the parishioners may at any time when [Page 120]they please proceed to a new Election, and call them to an account; yet shall the former church-wardens have an allow­ance of all such summes of money as they have needfully expended upon the church, or upon meet and lawful Ornaments; and this they are com­pellable to do by the Laws Ecclesiastical; and they shall have allowance of moneys upon their Ac­compts that they have paid for the relief of pri­soners in the common Goal, as you may see in the Statute 14 Eliz. cap. 5. [Page 121]and of any other thing the Law charges them to do; but in Lands, or the profits thereof they must not meddle at all; as if the walls, windows, or doors of the Church be broken, or trees in the church-yard be cut down, or Grass eaten up; but this belongs properly to the Parson or Vicar, as you may see in the Sta­tute, 11 Hen. 3.13. 12 Hen. 7.77. 13 Hen. 7.9.

All persons shall repair to their parish Church, Coming to Church. ex­cept they shall be hindred by sickness, or any other [Page 122]lawful excuse, or to some other place where the Common-Prayer is used upon Sundays or other days, which are usually to be kept Holy, and shall then and there sit orderly during the time of Com­mon-Prayer and Preach­ing, upon pain to be pu­nished, according to the Churches censure, and upon the forfeiture of twelve pence for every person so offending, to be by the Church-wardens, levyed to the poors use, of their Goods, Lands, and Tenements; vid. 1 Eliz. cap. 2.

The Constables and Church-wardens of all Parishes, High­wayes. shall every year on Tuesday & Wednes­day in Easter week, call the Parishioners together choosing then two honest Surveyors of the High­ways, of the said Parish, for the year ensuing, which leads to any Mar­ket Town; if they re­fuse the execution of the office, they shall forfeit twenty shillings; The Constables and Church-wardens shall then name six days for the amend­ment of the said ways before Midsummer next, [Page 124]giving knowledge of the said six days the next Sun­day after Easter, and shall call the Constable to an account, having one part of the Estreats indented.

Where any shall eat flesh, Eating flesh. either in Lent, or any other days observed for Fish-days, he forfeits three pound for every offence, or shall suffer three months imprison­ment; and every person in whose house any of­fence shall be done, being privy, and having know­ledge thereof, not dis­closing the same to an officer that hath power to [Page 125]punish, shall forfeit for every offence fourty shil­lings; the third part of all the forfeits shall be to the use of the poor of the Parish, where the offence is committed; after con­viction, to be levyed by the Church-wardens, as you may read, 5 Eliz. cap. 5.

All Licences that are to be given by the Bishop of the Diocess, Licence to eat flesh. or by the Parson, Vicar or Curate, in case of sickness, ought to be Registred, if the sickness continue above 8. days after it is granted, in the Church-Book, with [Page 126]the privity of one of the Church-wardens there, and the party that is Li­cenced, shall give four pence for it. vid. 5 Eliz. 5. the duties of Ministers before.

A Justice of Peace may appoint the Church-war­dens, Poor. and 4, 3, or 2 of the Parish, to be overseers of the poor; and they may by consent of the Major part of them, take order for the setting mar­ried or unmaried persons on work, that have no means or ordinary trade to live by; and the Chil­dren of such Parents as [Page 127]shall be unable to main­tain them, and may set up any Trade or Mystery for that purpose, and may Tax as well Inhabitants as Occupiers of Lands in the Parish to pay weekly such summs of moneys as they shall think meet for a stock, for the releifof the impotent poor there, & for to put out Apprentices of such Children; And they to whom they shall be put, shall take, receive, and keep them as Ap­prentices, and may do a­ny thing concerning the premises, as they shall think meet, vid. 1 Jac. [Page 128]51. 2 Jac. 28. 3 Car. 4.

The Church-wardens, and Overseers shall ren­der an account before two Justices of Peace of their Money, stock and other things concerning their Office, and such Moneys as shall be re­maining in their hands, to the new ones that are chosen in their places, up­on the forfeiture of twen­ty shillings, for every monthly default, without cause to be shewn and allowed by two Justices.

The Church-wardens and Overseers are im­powred by the said Sta­ture, [Page 129]by warrant under two Justices hands, to levy all taxations by distresse and sale of their goods, as shall be found in de­fault, rendring the over­plus to the party, and may with the License of the Lord of the Mannor erect convenient houses for the poor of their pa­rish at their general char­ges; and when the year­ly Stock is assessed by the Justices at the quarter Sessions, it shall be by the agreement of all the pa­rish; and in default, by the Church-wardens and constables of the Parish, [Page 130]or the Major part of them, who may levy the same by distress and sale of the goods of such as refuse to pay their part, rendering the overplus to the own­ers; and the Church-war­dens or Overseers must pay it to the high Constable within whose limit the Parish is scituate ten dayes before the end of every quarter Sessions, such Moneys as the Parish ought to pay for the re­lief of the prison in the Marshalsey, and Kings Bench, upon the pain of ten shillings for every de­fault of payment.

By the 43 Eliz. cap. 3. Souldi­ers mo­neys. if the Parishioners agree not to the rate for the maintenance of disabled souldiers, the Church-war­dens and Constables of the Parish, or the Major part of them may levy such rates by distress and sale of their Goods, of a­ny that refuse to pay, ren­dring the overplus; which must be collected and paid over to the High Constable, within whose Hundred the Parish is; and all such summs of Moneys as are collected ten days before every quarter Sessions of the [Page 132]peace upon the penalty of twenty shillings for e­very default.

The Statute of 1 Jac. cap. 9. says, that if Con­stables and Church-war­dens neglect their office in punishing Inn-keepers, Victuallers, and Ale-hou­ses, by the space of twen­ty days in certifying their defaults, they shall for­feit twenty shillings to the poors use.

The Statute of 1 Jac. cap. 27. inhibits all per­sons to keep any Grey­hound for the coursing of any Hair or Deer, or any setting Dogs, or Nets for [Page 133]the taking of any Phe­sants or Partridges; the Church-wardens have po­wer by this Act, where the offence is commit­ted, to receive to the use of the poor of the Parish fourty shillings. 3 Jac. cap. 4. enables the Church-wardens and Constables of all Towns, and Pa­rishes, to present in the quarter Sessions, or at the Assizes, the monthly ab­sence of Recusants from Church; and they are to certifie the names of their children above nine years old, and the names of their Servants, upon the [Page 134]forfeiture of twenty shil­lings; and if upon the Inditement they be convi­cted, they shall have four­ty shillings out of their goods; and the Church-wardens may be Warrant from one Justice of Peace, levie to the use of the poor, the offendors Goods, by distress or sale, rendring the overplus; and the forfeiture is 12. pence for every default, in not coming to Church every Sunday, according to the Statute 1 Eliza. ca. 2.

By the Statute of 1 Eliz. cap. 2. Absence from Church. the Church-war­dens may levie to the use [Page 135]of the poor, where the de­fault is, twelve pence; by warrant from one Ju­stice of Peace, by sale of the Goods of the offen­dor, rendring the over­plus, for not coming to Church every sabbath day.

The Statute of 3 Jac. cap. 10. says, Offendors conveyed to prison. that the Constable and Church-warden with two or three of the Parishioners may make a Tax, where an offendor is committed to prison, and hath not suffi­cient for his conduction thither.

The Statute of 21 J. 18. Clothing [Page 136]says, the Clothier that makes any cloth that is not good and warranta­ble by that Statute, for­feits five pound by a war­rant from two Justices or more; the Church-war­dens and Overseers of the poor of the Parish where the default is commit­ted, may levie the penal­ty for every cloth deceit­ably made, by distresse and sale of their Goods, rendring the overplus; the distribution is to the poor of the said Parish; and where no distress is, the offend or shall be com­mitted to the Goal, until [Page 137]payment be made to the Church-wardens and O­verseers, to the use above­said: And they to be ac­comptable for those mo­neys, as they are for other moneys, which is by them collected for the poor; vid. 43 Eliz. cap. 3. and by the Statute 21 Jac. cap. 18. Two third parts of the forfeitures for what of length, breadth, or weight of Cloths by any other Statute now in force, shall be levied, di­stributed, and accounted as the forfeiture afore­said.

Of Quakers.

THe Statute of the 14 Car. 1. cap. 2. sayes, The difinition of a Quaker that Quakers by this Act, are such persons as holds dangerous Opinions, and such as holds, that the ta­king of an Oath in any case whatsoever, although before a lawful Magi­strate, is altogether unlaw­ful, and contrary to the Word of God; And do refuse an Oath lawfully rendred.

That if any person who shall maintain, that the taking of an Oath in any [Page 139]case whatsoever, before a lawful Magistrate is un­lawful, and against the Word of God, and shall wilfully refuse an Oath, bound to take, being du­ly tendred to him; or shall perswade or endeavour to perswade any other per­son to whom it shall be tendred, to refuse to take it; or shall by Printing, Writing, or otherwise go about to maintain or de­fend that the taking of it is unlawful; or the said per­sons called by the name of Quakers, shall go from the places of their dwel­lings, [Page 340]and assemble to the number of 5. or more, of 16. years old and upwards at one time, and in one place, under pretence of joyning in a Religious worship (not Authorized) by the Law of the Realm) being convict by the ver­dict of 12. men, or his own confession, or the notorious evidence of the Fact; For the first offence shall forfeit any summe, not above five pound, to be levied by distress and sale of his Goods, by war­rant of the parties before whom the conviction, shall be for want of distresse or [Page 141]non-payment in a week, to be committed to the common Goal, or House of Correction for three months without Bayl, to be kept at hard labour.

For the second offence, the forfeture is 10. pound by distress, to be levied as aforesaid, for non-pay­ment in that time, to be committed 6. months to the places before menti­oned; the moneys to go for a stock to the House of Correction, as the Ju­stices shall appoint. The 3. offence is Abjuration, after a 2. Correction, or at his Majesties pleasure [Page 142]to be transported to any of his Plantations beyond Sea.

The Judge of Assize of Oyer, or Terminer, and Justices of Peace in their open and general Sessi­ons, may hear and deter­mine these offences, and as in cases of trespass, and may make out process in order to their conviction; any Justice of Peace, Mayor or chief Officer, may commit to the Goal, or bind over with sureties to the quarter Sessions, a­ny offending in the pre­mises; and the Consta­ble is the immediate offi­ce [Page 143]to make diligent search in all places within his jurisdiction, for the apprehension.

He that shall take the Oath that he formerly re­fused, giving security not to meet again, although convicted, shall be dis­charged.

Of Supervisors, Survey­ors, and Orderers for the High-ways.

BY the Statutes 2 and 3 of P. and M. cap. 8.5. Eliz. cap. 13.18. Elia. cap. 18. High-wayes. Every per­son upon six days appoin­ted [Page 144]for working in the High-ways, that hath a plough-land either in til­lage or pasture, in occu­pation in the same parish, and every other person keeping there a plough or draught, shall find and send at every day and place appointed for the amending of the ways in the Parish aforesaid, one Wain or Cart furnished with Oxen, Horses, or other cattle, with other necessaries convenient for that purpose, and two a­ble men with the same upon forfeiture of ten shillings; and every Cot­tager [Page 145]and Labourer of the said Parish, that is not a servant hired by the year, shall labour upon eve­ry of the said 6. days: The default of every person for every day, is 12. pence; and if there shall be no need of an of the said carriages, then the persons that should have sent them, shall send to the said work, to able men for every carriage so spa­red, upon the pain of one shilling for every one that shall make default: bring­ing with them all things materials for such ser­vice; and all shall work [Page 146]by the space of eight hours, unless they shall be other-ways licensed by said Supervisors, or any one of them; and it shall and may be lawful for a­ny of the Supervisors, or any one of them, accord­ing to the 2 and 3 of Phil. and Mar. for the better amendment of the High-ways, within the limits of the said Parish, to give power to any to take and carry away any rubbish, or any broken stones of a­ny Quarry that shall lye within the Parish, without license or controlement of the owner or owners, [Page 147]so much as in their discre­tion shall seem meet and necessary; and for default of such Quarries, the Su­pervisors or Overseers, may appoint any to dig gravel or sand in any grounds lying next the High-ways, within the said Parish, so much as they shall think meet and necessary for the repara­tions aforesaid; or any stones, or other stuffe where heretofore they have usually digged.

It is provided in the said Act, House, Garden or Or­chard. that the Super­visors shall not dig in any Quarry or Quarries, but [Page 148]shall take such rubbish or other materials, fit and useful for the High-ways, as there shall be found without the license and commandment of the owners; neither impower any to digg and gravel, sand, of any other thing, in the house, garden, or­chard or meddow of any person or persons whatso­ever; neither in any in­closed ground, then only one hole or pit for gravel as afore declared, in breadth or length, above ten yards at the most; and then that every such pit so digged, the Super­visor [Page 149]or Supervisors shall within one month after, cause to be filled up with earth, at the cost and charges of the said parish, upon the forfeiture of five marks to the owner or owners of the soyle.

By the Statute 5 Eliz. cap. 15. Water-courses. where any water-course shall be in any ditch or ditches of the High-ways, it shall and may be lawful for the Su­pervisor or Supervisors, to to turn the same into any mans ground, or soyl in such ways, and manner, as to their discretion shall seem most meet and con­venient; [Page 150]and the Super­visor or Supervisors, by force of this Act, may within one month after any default, present the said offence to the next Justice of Peace, upon the forfeiture of fourty shillings.

The 18 Eliz. cap. 10. Land in several Parishes. declares that every person or persons, (except such as dwell in the City of London) that shall be as­sessed to any subsidies in Kings books to five pound in Goods, or fourty shil­lings in Lands or above, during the time he shall stand so charged, and be­ing [Page 151]non of the parties so charged for the amend­ment of the High-ways, by any other Act, but as a Cottager, shall find two able men yearly to labour in the High-ways, as is li­mited and appointed by the said Acts; and all per­sons that shall use or occu­pie either in tillage or pa­sture, any plough-land that lies in several pa­rishes, shall be chargeable to the ways in the parish where he inhabits, as far forth as any person having a plough-land in any one parish; and every person or persons, that shall use [Page 152]any plough-lands in seve­ral Towns or Parishes, shall find in each Town or Parish one Cart-wain, Dung-pot or Dragg, fur­nished for the amendment of the high-ways within the several parishes where [...] and lyes, in the same manner as if he were an inhabitant in the said Pa­rish.

The 5 of Eliz. makes mention, Scow­ling Ditches. that every per­son or persons that re­pairs not, or scowrs not his Ditches or Hedges ad­joyning to the High-way, or leading to any Fair or Market, or cuts down or [Page 153]keeps under his Trees or Bushes growing next the High-ways, shall forfeit or lose for every default ten shillings.

And all and every per­son or persons that shall use any lands next the High-way, or leading to any Fayr or Market, that scowr not the Ditches as oft as need shall require, whereby the water may be conveyed from the High-way, over the ground next adjoyning, may pass over the ground next, upon the forfeiture for every Rod next ad­joyning, not cleansed [Page 154]and scowred, twelve pence.

If any person or persons that shall cast any soyl or make any dung in any High-way leading to any Fayr or Market-Town, Banks in High­wayes letting it lye there by the space of six monthes to the annoyance of the way, the Inhabitant shall for­feit every load there lye­ing twelve pence. And where any hath been cast into the Highway leading to a Fayre or Market Town, so that there is a bank between the land Way and Ditch, the Sur­veyours or Workmen ap­pointed [Page 155]for the amend­ment of the High-ways, are to make Sluces or o­ther devices by their di­scretions to convey the water out of the said way into the Ditch, any law, right, Interest, Custome or usuage to the contrary notwithstanding.

The Surveyor, Indesault of Sur­veyors, Consta­bles or Church-wardens may. or Sur­veyors have power by this Statute to levy every sum or sums of money forfei­ted within the parish, by distres in the same man­ner as Fines, or Amerce­ments in Court-Leets have been used; and the money to be imployed upon the [Page 156]High-way that leads to any Fayr or Market-Town where the offence is committed; if the Sur­veyors do not levy and imploy it within one year after the offence is com­mitted; that then the sums or forfeitures shall be levyed by the Consta­bles or Church-wardens of the Parish where the work ought to be done in the High-ways; and that then he or they that shall levie any such penal­ties or forfeitures, shall make their account as the afore-mentioned Statutes recite.

The Statute 39 Eliz. 2. cap. 19. Iron­works. enables the Sur­veyors within the Countie of Kent, Sussex, and Surry, where the High-waies shall be most an­noyed, where the Justices have not assigned in what place or places of the High-waies there shall be carried Gravel, Stone, or Chaulk, to appoint the Occupiers of the Iron­wors to carrie the same, upon the penaltie of for­tieshillings; and the Sur­veyors shall make de­mands of all the forfei­tures of money to be paid in default of such Carri­ages; [Page 158]and shall make a true presentment of all such defaults of payment at the next Quarter-Sessi­ons of the Countie, upon the same penalty of four­tie shillings.

Of the destruction of noy­som Fowl and Vermin.

THe Statutes 18 Eliz. cap. 15. 14 Eliz. ca. 11. 39 Eliz. cap. 18. 24 Hen. 8. appoints distri­butors, and gives them orders to pay those that shall destroy any noysom Fowl or Vermin in man­ner [Page 159]following; Any per­son that shall bring to them any heads of old Crows, Choughs, Pyes, or Rooks, taken within their several Parishes: E­very three heads one pen­nie; for the heads of eve­rie six young Crows, Pies, or Rooks, taken as a fore­said, one pennie; for e­very six Eggs of any of them, one pennie; for everie 12. Stares heads, one pennie; all which shall be kept in some sit­ting place, and be brought forth once a month at least, before the Church-wardens and Taxers, or [Page 160]any three of them, and then shall make an ac­count to them in writing, what money they have laid forth and paid for such heads and eggs, and for the heads of ravenous birds and vermin, as in the said Acts mentioned; for every Merton, Hawes, Furse-kite, Mold-kite, Buzzard, Cormerant or Ring-tail, two pence; for two eggs of them one pennie; every Iron of Os­prays-head, four pence, every Woodal, Pie, Jay, Raven, or Kite one pen­nie; every Kings-fisher one pennie, every Bulfinch or [Page 161]Bird, that spoils the buds of Fruit one pennie, eve­ry Fox or Grey, 12. pence, every Fitchew, Polcat, Weasel, Stote, Faire, Bad­ger, Wildcat, one pennie; every Otter or Hedghog, two pence; every three Rats heads or Mice, one pennie; Every Molewarp or Want, an half pennie; the head of all the Birds or Vermine last mention­ed, the distribution shall pay and give to the bring­er of them, for everie head taken within their Parish, and shall keep the same to be shewed forth upon their accompt as a­foresaid; [Page 162]all which said heads and eggs, shall be forthwith after such ac­compt made in the pre­sence of the said Church-wardens & Taxers, or of three of them, burned, cōsumed, or cut in sunder.

And if upon accompt that there shall be any Monies in the hands of a­ny of the distributors, the same shall then be deli­vered over to such per­sons as shall be elected and chosen for the year ensu­ing, by bill indented as aforesaid; provided al­waies that this shall not [Page 163]extend to give any liberty, li­cense or authority, to any person or persons whatsoever to use or exercise any menas, or enquire for the destruction of Crows, or Rooks, Choughs, or other Vermine aforesaid, in any place or places, to the destruction or disturbance of the building or breeding of any kind of Hawks, Hernes, Egrits, Paupers, Swans or Shovelers, to the hurt and de­struction of any Doves, Dove-houses, Deer, or Warren, or Conies, nor to give or ap­point any sum or sums of Mo­ney to be given, paid or di­stributed to any person or per­sons of the Heads of any Buz­zard, Ringtail, Herne, Polcat, Fitchew or Stote, that shall or may be taken in any War­ren or ground imployed for [Page 164]Conies, or to the taking of a­ny Stares in Dove-houses, neither to the destruction or bringing of any Kite or Ra­ven killed in any City or Town Corporate, or within two miles of the same.

There are two Statutes made in the aid and assistance of Constables and Church-wardens; one 7 Jac. cap. 5. the other 21 Jac. cap 5. the sum and effect of both which Statutes are as followeth: The first declares that whereas there are many causeless and contentious sutes commenced against Justices of the Peace, Mayors of Cities, or Bayliffs; of Corporate Twons, Head-burrows, Constables, Colle­ctors of Subsidies, and Fif­teens, that have been molest­ed or troubled for the execu­tion [Page 165]o their Office, by con­tentions and ill-disposed per­sons, to their discouragement in the execution or doing their offices, it is enacted by the said 7 Jac. cap. 5. that if any Action, Bill, or Suite, ac­count on the case, Trespass, Battery, or false Imprison­ment shall be brought after fourty days next after the end of that Session of Parlia­ment, in any of his Majesties Courts at Westminster or else­where against any Justice of Peace, Mayor, Bayliff, of any City, or Town, Corporate, Head-burrow, Constable, Ty­thing-man, Collector of Sub­sidy or Fifteens, for or con­cerning any matter or cause by them or any of them done by vertue of their or any of their office or offices, that it [Page 166]shall be lawful to or for any such Justice of Peace, Mayor, Bayliff, Constable, or other Officer or Officers before na­med, and all others; that in in their aid and assistance, or by their commandment, shall do any thing touching or con­cerning his or their Office or Offices, to plead the general issue that he or they are not guilty, and to give such spe­cial matter in evidence to the Jury, that shall try the same, which special matter being pleaded, had been a good and sufficient matter in Law, to have discharged the said de­fendant or defendants of the trespass, or the other matter laid to his or their charge; and that if the verdit shall pass with the said defendant or defendants, in any such [Page 167]actions, or the Plaintiff or Plaintiffs become Nonsuite, or suffer any discontinuance thereof, that in every such case the Justice or Justices, or other Judges, before whom the said matter shall be tryed, shall by force and vertue of this Act, allow unto the de­fendant or defendants, his or their double costs, which he or they shall have sustained by reason of their wrongful vex­ation, in defence of the said Action or Suite, for which the defendant or defendants, shall have like remedy as in other cases, where costs by the Laws of this Realm are given to the defendants. And this Act is to continue for seven years, and from thence to the end of the next Parliament, after the said Parliament.

The other Statute being 21 Jac. cap. 12. declares the afore recited Statute of 7 Jac. cap. 5. to be perpetual. And that all Church-wardens and all persons called Swornmen, executing the office of Church-wardens, and all overseers of the Poor, and all others which in their aide and assistance, or by their commandment shall do any thing touching his or their Office or Offices, shall hereafter be enabled to re­ceive, and have such benefit and help by vertue of the said Act, to all intents and constru­ctions and purposes, as if they had been specially named therein.

And whereas notwithstand­ing by the said Statute, the Plaintiff is at liberty to lay his account, which he shall bring [Page 169]against any Justice of Peace, or other Officer in any for­rain County at his choice, which hath proved very in­convenient unto sundry of the Officers and persons afore­said, that have been impleaded by some contentions & trou­blesome persons in Coun­ties far remote from their places of habitations: It is en­acted by this Statute, that if any Action, Bill, Plaint or Suit upon the case, Trespass, Bat­tery or false Imprisonment shal be brought after the end of this Session of Parliament, a­gainst any Justice of Peace, Mayor or Bayliff of City or Town Corporate, Head-bor­row, Constable, Tythingman, Collector of Subsides or Fif­teens, Church-wardens and persons called Swornmen, exe­cuting [Page 170]the Office of Church-wardens or Overseers of the Poor, and their Deputies or a­ny of them, or any other which in their aid and assistance, or by their commandment shall do any thing touching or concerning his or their Office or Offices for, or concerning any matter, cause; or thing, by them or any of them done by vertue or reason of their or a­ny of their Office or Offices: That the said Account, Bill, Plant or Suit, shall be laid within the County, where the Trespass or Fact shall be done and committed, and not else­where: And that it shall be lawful to, and for all and eve­ry person and persons afore­said, to plead there unto the general issue, that he or they are not guilty, and to give in [Page 171]such special matter in evid­ence to the Jury, which shall try the same as in and by the said former Act, is limited and declared: And that if up­on the tryal of any such Acti­on, Bill, Plant or suit, the Plan­tiff or Plantiffs therein shall not prove to the Jury which shall try the same, that the Trespass, Battery, Imprison­ment or other fact or cause of his, her or their such accounts, Bill, Plant or Suit, was or were had, made, committed or done within the County, where such account, bill, plant or suit shall be laid: That then in every such case the Jury which shall try the same, shall find the defendant and defen­dants in every such Account, Bill, Plant, or Suit, not guil­ty, without having any regard [Page 172]or respect to any evidence given by the Plaintiff, or Plan­tiffs, therein touching the Trespass, Battery, Imprison­ment, or other cause, for which the same Account, Bill, Plant or Suit, is or shall be brought: And if the verdict shall pass with the defendant or defen­dants, in any such Account, Bill, or Plaint or Suit, or the Plantiff or Plantiffs, therein become Non-suit, or suffer a­ny discontinuance thereof, that in every such case, the de­fendant or defendants, shall have such double costs, and all other advantages and reme­dies, as in and by the said former Act is limited, directed and provided.