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 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 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, 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, 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 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 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 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, 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 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 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 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 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 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, 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 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, 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 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.

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 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 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 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, 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 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 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; 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 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 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 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 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 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 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 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 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 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 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; 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 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 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 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 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 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.