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A48475 The duty and office of high-constables of hundreds, petty-constables, tythingmen, and such inferior ministers of the peace with the several duties and offices of churchwardens, overseers, and collectors for the poor, of surveyors for amending the higheways, and distributors of the provision for the destruction of noysom fowl and vermin / first collected by William Lambard, in the reign of Q. Elizabeth ; and now enlarged with many useful additions according to the succeeding statutes by R. Turner ... Lambarde, William, 1536-1601.; Turner, R. 1671 (1671) Wing L215A; ESTC R41023 59,151 158

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Stable the word Conning or Cyng signifies a King and Stable a Stay or Prop which is as much as to say the stay or prop of the King that great Officer the Constable of England having that Title given by reason of the great Authority that he had was a principal Prop of Stay unto the Kings government from whence is this Title and Office of this Lower Constableship derived and continued though with lesser Authority unto this hour and is a branch of that Original By the Statute of Winchester made in the time of King Edward the First these Constables of Hundreds were appointed to keep Watching and Warding for the better keeping of the Peace and prevention of Thieveries and Robberies and apprehensions of Felons and Rogues c. and that the High-Constables in every Hundred and Franchise should take the view of Armour c. Hereby it appears that the name of a Constable in an Hundred or Franchise is an Officer to assist and support the Kings Majesty in the maintenance and preservation of his Peace within his Hundred or Franchise and he is called the High-Constable in respect of the Constables or Petty-Constables and Headboroughs or Tythingmen which be in the respective Towns Villages Parishes or Precincts within his Hundred or Franchise under his Jurisdiction and it is also the part and duty of these inferior Officers to execute the High-Constables office in his absence in maintaining and keeping the peace in their several Tythings and Limits and in the High-Constables presence to be aiding and assisting unto him The High-Constables of every Hundred or Rape or Riding are chosen by the Justices in each County most usually at their general Quarter Sessions or in their several divisions from the Justices they receive their Authority and are by them again discharged of their office as they shall see cause At the entrance into their office they take an Oath the usual form whereof followeth The High-Constables Oath YOu shall swear That you shall well and truly serve our Sovereign Lord the King in the office of a Constable you shall see and cause his Majesties peace to be well and truly kept and preserved according to your power you shall arrest all such persons as in your sight and presence shall ride or go Armed offensively or shall commit or make any Riot Affray or other breach of his Majesties peace you shall do your best eudeavor upon complaint to you made to apprehend all Felons Barretors and Rioters or persons Riotously assembled and if any such Offendors shall make resistance with force you shall levy Hue and Cry and shall pursue them until they be taken you shall do your best endeavour that the Watch in and about your Hundred be duly kept for the apprehending of Rogues Vagabonds Nightwalkers Eves-droppers Scouts and other suspected persons and of such as go Armed and the like and that Hue and Cry be duly raised and pursued according to the Statute of Winchester against Murderers Thieves and other Felons and that the Statutes made for the punishment of Rogues and Vagabonds and such other idle persons as come within your bounds and limits be duly put in execution you shall have a watchful eye to such persons as shall maintain or keep any Common house or place where any unlawful Game is or shall be used as also to such as shall frequent or use such places or shall use or exercise any unlawful Games there or elsewhere contrary to the Statutes At your Assizes Sessions of the peace or Leet you shall present all and every the offences done contrary to the Statutes made 1 Jacobi 4 Jacobi 21 Jacobi regis to restrain the inordinate haunting and tippling in Innes Alehouses and other Victualling houses and for repressing of Drunkenness you shall there likewise true Presentment make of all Bloud sheddings Affrayes Outcryes Rescous and other offences committed or done against the Kings Majesties peace within your Limits you shall once every year during your office Present at the Quarter Sessions all Popish Recusants within your Liberty and their Children above 9. and their Servants sc their Monthly absence from the Church 3 Jac. 4. you shall well and duly execute all Precepts and Warrants to you directed from the Justices of the peace of this County or higher Officers you shall be ayding to your Neighbours against unlawful Purveyances in time of Hay or Cora harvest upon request you shall cause all persons meet to Serve by the day for the Mowing Reaping or getting in of Corn or Hay you shall in Easter-week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty and you shall well and duly according to your knowledge power and ability do and execute all other things belonging to the office of a Constable so long as you continue in the said Office So help you God In this Oath is briefly comprehended the whole Duty of a Constable and the principal matters of his Office at large I shall now set forth every particular branch of the Constables office and of the Tythingmen Headboroughs Borsholders their Duties are the same in effect and their Authority yet the latter are inferiours to the former The Form of the Petty-Constable or Tything-mans c. Oath is thus YOu shall Swear That you shall well and truly Execute the Office of a Tythingman of the Tything of H. or Headborough c. His Majesties Peace in your own person you shall keep and see it kept in all others as much as in you lyeth In the presence of the High-Constable you shall be ayding and assisting unto him and in his absence you shall execute his Office and do all other thing belonging to your Office according to your knowledge and power until another be chosen in your room or you be legally discharged thereof So help you God There are in several Counties of this Realm other Officers that is by other Titles but not much inferiour to our Constables as in Warwickshire a Thirdborough and in other places a Boroughead in others a Chief-pledge The Authority of these as I said is much like that of the Constables but yet the Office of the Constable is distinct and of greater authority and respect than these Lambert pag. 51. c. Duty of Constables saith that these Tythingmen Borsholders c. cannot meddle in a Town or Parish where a Constable is because in comparison of them the Constables be Headoffiers and that the Tythingmen c. are but Assistants where the Constable is present but in his absence they are to perform the service and that there are many things which a Constable may do wherewith the Tythingman and the rest cannot meddle at all 1 Jac. cap. 7. Lambert Off. del Const 4 6 9. In Towns where there be no Constables and that the only Officers for the Peace there be Headboroughs Thirdboroughs Borsholders or such other and in such cases where their power and authority is declared to
THE Duty and Office OF HIGH-CONSTABLES OF HUNDREDS Petty-Constables Tythingmen and such inferiour Ministers of the Peace WITH The several Duties and Offices of Churchwardens Overseers and Collectors for the Poor of Surveyors for amending the Highwayes and Distributors of the provision for the Destruction of noysom Fowl and Vermin First collected by William Lambard in the reign of Queen Elizabeth AND Now Enlarged with many useful Additions according to the succeeding Statutes By R. TURNER Gent. LONDON Printed by Ioh. Streater Hen. Twyford and Eliz. Flesher the Assigns of R. Atkins and E. Atkins Esquires 1671. Cum gratia privilegio Regiae Majestatis To the READERS THe foundation of this little Structure was first laid by Mr. Lambard a long while since in the Year 1579. and first made publick in 1581. and afterwards revised and the second Edition published in the year 1587. but in so long time since the succeeding Age growing worse and worse ut Crescit in orbe dolus our Law-makers have been forced to make Additional Laws for prevention of Offences and punishment of Offendors so that the Duties of these inferiour Officers of the Peace have still increased as several Statutes dayly enacted do impose new Duties upon them So that I have revised this Treatise with such necessary additions and enlargements as any ways may concern the Offices of Constables Headboroughs c. Churchwardens Overseers of the Poor Surveyors of Highwayes and Bridges or as they are enjoyn'd by any Laws since Mr. Lambard to observe perform in their several offices and indeed this small Tract will be as useful to every person whether Officer or not Officer as a pocket-Almanack to him that is in office it is a Pilot to steer him in his right course whereby he may avoid those Rocks and Sands of Over-doing or Vnder-doing some through neglect in not performing their duties are culpable by the superiour Magistrate and others either ignorantly or wilfully running beyond their Authority are dashed against the Rock of the Law Those that are in likelyhood to bear any of these Offices may by studying this Book be perfectly instructed in the performance of their Duty when they come to it And such as are not likely to serve any Office may herein learn to escape punishment by fearing to offend I have set down the High-Constables Oath at large which partly comprehends the whole duty of his Office and such Articles as he is to present to the Justices of peace at their Sessions and monthly Meetings in their Divisions and likewise that Statute which institutes the office of the Distributors of the provision for the Destruction of noysom Fowl and Vermin that is what Reward shall be given to those that destroy them which some vulgarly and erroneously talk of others have affirmed there is no such Law but they will hereby be convinced of the truth and instructed in the substance So that I hope this will prove to your acceptance which is the desire of R. T. THE TABLE CHAP. I. THE original Office and Jurisdiction of High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen Pag. 1. Chap. idem The form of the High-Constables Oath Pag. 5. Idem The Oath of a Petty-Constable or Tythingman Pag. 8. CHAP. II. The duty of Constables and Headboroughs c. in executing Warrants directed to them from the Justices of Peace Pag. 14. CHAP. III. Articles which the High-Constables are to return to the Justices at their Sessions or monethly Meetings c. Pag. 19. CHAP. IV. The duty of Constables c. touching Watching Warding Vagabonds Hue and Cry carrying Prisoners to the Gaol Servants and Labourers Pag. 22. CHAP. V. The form of a Testimonial for conveying a Rogue or Vagabond Pag. 26. Idem A Testimonial for a Servant Pag. 38. CHAP. VI. The duty of Constables about Affrayes Riots Routs Armes Militia Escapes Forcible Entries the Peace Hedge-breakers Setting-dogs Pag. 40. CHAP. VII The Constables office touching Clothiers Maultsters Alehouses Drunkenness Weights and Measures Purveyances Highwayes Pag. 56. CHAP. VIII The Constables office about forein Bonelaces c. Chimney-money Customes Excise Fish Pag. 71. CHAP. IX Concerning disturbing of Ministers Swearing Recusants Conventicles Pag. 77. CHAP. X. The Churchwardens office Pag. 86. Idem The Subscription of the Vestry-men Pag. 91. Idem The form of the Articles given to the Churchwardens to make their Presentments upon Pag. 101. CHAP. XI The office of the Overseers of the Poor Pag. 110. Idem The form of an Indenture for a poor Child put out by the Parish Pag. 117. CHAP. XII The office of the Surveyors of the Highwayes and Bridges Pag. 122. Idem Statutes for repairing particular Highwayes Pag. 134. Idem Statutes for particular Bridges Pag. 135. CHAP. XIII The office of the Distributors of the provision for the Destruction of noysom Fowl and Vermin Pag. 141. THE DUTY OF CONSTABLES c. CHAP. I. Of the Original Office and Jurisdiction of High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen THE Saxon Christian King Alfred King of England for the more peaceable Government and ease of his Subjects divided this whole Realm of England first into Shires then caused those Shires to be subdivided into Hundreds Rapes Ridings Wapentakes and divided these also into Tythings Leets or Boroughs and in all these Divisions were appointed Officers for the better preservation of the Peace such are High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen the office of all these latter is one and the same only different in Title according to the custome of the Countrey in Middlesex besides the High-Constables of the Hundreds they have Petty-Constables and Headboroughs in the respective Parishes and they are in number more or less according to the greatness or smalness of the Parish in Kent these petty Officers of the Parishes are called Borsholders but in Hampshire and all the Western parts Tythingmen and their divisions of Parishes Tythings in Sussex the Hundreds are called Rapes and in the North Ridings and Wapentakes There was antiently in England a great Officer called the High Constable of England and he kept an Office which is supposed to come hither with William the Conqueror out of Normandy or Court called the Constables Court or the Court of the High-Constable wherein he had authority to hear and determine Contracts touching deeds of Armes out of the Realm and to determine all things concerning War within the Realm as Combats Blazon Armory c. but not to deal with Battel in appeals that belonging to the Common Law of the Land Amongst the rest of the Conquerours Laws this is one That if a French-man do appeal an English-man of Perjury or Murder the French-man may defend himself by Battail which in English was then called Earnest which word we yet retain and the Officer to see this performed was the High-Constable but this Officer Court and practice is long since dissolved The Etymologie of this word Constable proceeds from the old word Conning or Cyng and Staple or