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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	great_a	king_n	people_n	5,724	5	4.8029	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56493	A new guide for constables, headboroughs, tythingmen, church-wardens, overseers and collectors for the poor, surveyors for amending the highways and bridges with directions for keepers of fairs and markets, and treasurers for the relief of poor maimed soldiers and mariners : containing not only whatsoever may be useful to them in the execution of their several offices, that is already extant in any book of this kind, but also the heads of all those statutes which do concern any of the said offices that have been since made in the reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary : being the most compleat of any work of this nature / collected by J.P. Gent.	J. P., Gent.	1692 (1692)	Wing P60; ESTC R5423	90,373	182

the Parish in Kent these Petty Officers of the Parishes are called Borsholders but in Hampshire and all the Western Parts Tythingmen and their Divisions of Parishes Tythings in Sussex the Hundreds are called Rapes and in the North Ridings and Wapentakes There was antiently in England a great Officer called the High Constable of England and he kept an Office which is supposed to come hither with William the Conqueror out of Normandy or Court called the Constables Court or the Court of the High Constable wherein he had Authority to hear and determine Contracts touching Deeds of Arms out of the Realm and to determine all things concerning War within the Realm as Combats Blazon Armory c. but not to deal with Battel in Appeals that belonging to the Common Law of the Land Amongst the rest of the Conquerors Laws this is one That if a French-man do Appeal an English-man of Perjury or Murder the French-man may defend himself by Battail Which in English was then called Earnest which Word we yet retain and the Officer to see this performed was the High Constable but this Officer Court and Practice is long since dissolved The Etymology of this word Constable proceeds from the old word Conning or Cyng and Staple or Stable the word Conning or Cyng signifies a King and Stable a Stay or Prop which is as much as to say the stay or Prop of the King that great Officer the Constable of England having that Title given by reason of the great Authority that he had was a principal Prop or Stay unto the Kings Government from whence is this Title and Office of this Lower Constableship derived and continued though with lesser Authority unto this hour and is a Branch of that Original By the Statute of Winchester made in the time of King Edward the First these Constables of Hundreds were appointed to keep Watching and Warding for the better keeping of the Peace and prevention of Thieveries and Robberies and apprehensions of Felons and Rogues c. and that the High Constables in every Hundred and Franchise should take the view of Armor c. Hereby it appears that the Name of a Constable in an Hundred or Franchise is an Officer to assist and support the King's Majesty in the Maintenance and Perservation of his Peace within his Hundred or Franchise and he is called the High Constable in respect of the Constables or Petty Constables and Headboroughs or Tythingmen which be in the respective Towns Villages Parishes or Precincts within his Hundred or Franchise under his Jurisdiction and it is also the part and duty of these inferiour Officers to execute the High Constables Office in his absence in maintaining and keeping the Peace in their several Tythings and Limits and in the High Constables 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 Majesty's 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 Majesty's Peace You shall do your best endeavour upon complaint to you made to apprehend all Felons Barretors and Rioters or Persons riotously assembled and if any such Offenders 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 Evesdroppers 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 and 21 Jacobi Regis to restrain the inordinate haunting and tippling in Inns Alehouses and other Victualling houses and for repressing of Drunkenness you shall there likewise true Presentment make of all Bloodsheddings Affrays O●tcries Rescous and other Offences committed or done against the Kings Majesty's Peace within your Limit● you shall once every Year during your Office present at the Quarter Sessions all Popish Recusarts within your Liberty and their Children above nine and their Servants scil their Monthly Absence from the Church 3 Jac. 4. You shall well and duly execute all Precepts and warrants to you directed from the Justice of the Peace of this County or higher Officers you shall be aiding to your Neighbours against unlawful Purveyances in time of Hay or Corn-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-ways in your Parish or Liberty and you shall well and duly ac●ording 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 The Form of the Petty Constable or Tything-mans c. Oath runs 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 Majesty's Peace in your own Person you shall keep and see it kept in all others as much as in you lieth In the presence of the High Constable you shall be aiding and assisting unto him and in his absence you shall execute his Office and do all other things 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 Warwick-shire a Thirdborough and in other places a Borough-head in others a Chief-pledge The Authority of these as I said is much like that of the Constables but yet the Office of the Constable is distinct and of greater Authority and Respect than these But in Towns where there be no Constables and that the only Officers for the Peace there be Headboroughs Thirdboroughs Borsholders or such others and in such cases where their Power and Authority is declared to be equal with the Constable in all such things their Office is all one in a manner and divers Statutes do appoint Offenders to be punished by the Constable or other inferiour Officers which must needs be the Tythingmen c. 1 Jac. cap. 7. 12 H. 7. f. 8. The High Constables of Hundreds are Conservators of the Peace within their several Hundreds and Franchises at the Common Law Brook Peace 13. Fitz. 127. All Petty Constables by virtue of their Office within their several Liberties of their several Towns are Conservators of the Peace at the Common Law Bacons use of the Law ● 6. In ancient time High Constables of the Hundreds and Petty Constables in every Town were yearly appointed by the Sheriff in his Turn and were there sworn Direct Judges 29. Constables lawfully chosen if they shall refuse to be sworn the Justices of the Peace may bind them over to the Assizes or Sessions of the Peace and for such his Contempt he is there to be indicted fined and imprisoned Coke 8.43 Every Person that is chosen to be a Constable ought to be idoneus Homo a Man apt and fit for the Execution of the said Office and to be idoneus Homo the Law requireth in him three qualifications viz. 1. Honesty to execute his Office truly without Malice Affection or Partiality 2. Knowledge to understand his Duty wh● he ought to do 3. Ability as well in Estate as in Body tha● so he may attend and execute his Office diligently and not neglect the same through Wan●● or Impotency For such as are chosen out of the meane●● Sort are either ignorant what to do or stand in awe of the greater so that they dare no● do what th●y ought or else are not able to spare time therefore they ought to be chosen out of the better sort of Parishioners and not either by the House or other Custom If a Man be chosen Constable not able and qualified as aforesaid he may be discharged of his said Office by Law and another fit Man appointed in his place Co. 8.42 If Leets chuse unable or unfit Petty Constables it is cause of Forfeiture of the Leet and such choice is void 14 Car. 2. c. 12. Two Justices of the Peace may appoint and swear new Constables Headboroughs c. in case of death or removal of such Officers out of the Parish And if in default of holding Court Leets they continue above the Year they may be discharged at the Sessions and others put in Idem Stat. Constables Headboroughs and Tythingmen which are out of Purse for their Charges they may with the Churchwardens and Overseers of the Poor and other Officers of the Parish make Rates upon all Occupiers of Lands and Inhabitants and all others chargeable to the Poor by the Stat. 42 El. which being confirmed under the Hands and Seals of two Justices of the Peace may by their Warrants be levied by distress and sale of the Goods of such as refuse to pay the same I shall now set forth every particular Branch of the Constables Office and of the Tythingmen Headboroughs and Borsholders their Duties are the same in effect and their Authority yet the later are inferiours to the former CHAP. II. The Constables Office about Affrays IF one makes an Affray or Assault upon another in a Constables presence or in his presence shall threaten to kill beat or hurt another or shall be in a Fury ready to break the Peace In these Cases the Constastable may commit the Offenders to the Stocks or to some other safe Custody for the present until such time as he can carry them before some Justice of the Peace or to the Goal until they shall find Sureties for the Peace The Constable may take Security for the Peace by Obligation to be sealed and delivered to the Kings use which Bond the Constable was to send to the Exchequer or Chancery from whence the Process should issue to levy the Debt to the Kings use if the Peace were broken This was the Opinion of three of the Judges of the Common Pleas in Skirrets Case Trin. 35 Eliz. Com. Banc. Rot. 1458. But Anderson Chief Justice said That the Constable ought to carry the Party that he should see breaking o● the Peace before a Justice to find Sureties so●● the Peace which is the usual Practice at this day 3 H. 4. 9 10. Bacons use of the Law fol. 5. Dalt J.P. c. 1. fol. 4 5. Dalt J. P. c. 8. fol. 33. The Constable where he seeth an Affray made or such as are about to make an Affray ought to command the Affrayers in the Kings Name to surcease and depart on Pain of Imprisonment and if a Constable being present at an Affray doth not his best endeavour to part them it being presented by the Jury at the Sessions of the Peace such Constable may be fined for it 3 H. 7. 1. 3 H. 7. 20. Lamb. 136. 38. E. 3. 8. Dalt J. P. c. 8. fol. 33. If any be dangerously hurt in an Affray the Constable or any other may stay the Offender and carry him to a Justice of Peace who is either to Bail him till the next Goal delivery or to commit him to the Goal until it be known whether the Party hurt will live or dye thereof Lamb. 135. 1 H. 7. 7. 3 H. 7. 10. If Affrayers will not depart but do draw Weapons or give any Blow the Constable may command Assistance of others to cease the Affray and if they make resistance may justifie the bearing and wounding of them and if either the Constable or any of his Assistants be killed it is Murder in the Affrayers Lamb. 135. 7 E. 3.19 Where there is a great and dangerous Affray the Constable may make Proclamation in the Kings Name that the Affrayers shall keep the Peace and depart And if the Affray be in a House the Constable may break into the House if the Doors be shut to see the Peace kept though none of the Parties have taken any hurt and if the Affrayers fly into another Mans House the Constable upon fresh pursuit may break into such House and apprehend them Dalt c. 8. fol. 34. c. 118. fol. 340. Cromp. 146. b. 172. b. Where the Affrayers fly into another County the Constable seeing it may freshly pursue or cause them to be pursued and taken there and then the Constable may carry them before some Justice of Peace of

Bastard Child and not the reputed Child of such an one and the Justices for the better discovery of the Matter may upon Oath examine the Mother her self concerning the reputed Father the time c. Dalt J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154 245 246 247 388. and see Pridgeons Case Hill 9 Car. 1. B.R. and Slaters Case Pasch 13 Car. 1. B.R. Cro. Rep. 1 part CHAP. V. The Overseers Office in making of Rates and passing Accounts THE Churchwardens and Overseers of the Poor or the greater part of them for the doing and performing of the things they have in charge may raise weekly or otherwise by Taxation of every Parson Vicar and other Occupier of Land House or Tithes Cole-mines or saleable Underwoods within the Parish Town c. such a Sum as they shall think fit and this Rate they must have allowed and confirmed under the Hands of two Justices Quor unus and then by Warrant from them or any other two Justices Quor unus they may levy by distress and sale of the Goods of the Party refusing to pay the said Tax rendring the overplus to the Owners and in default of Distress two such Justices may commit the Party to prison there to remain without Bail till he be discharged by him 43 El. ch 2. Dalt J. P. c. 73. f. 148. Wingates Stat. T●● Poor People Now these Rates ought to be well and tr●● made according to Mens visible Estates real i● personal within the place only and not 〈◊〉 any Estate elsewhere at Lincoln Assises 9 Ca●● by Justice Hutton and Crook Note That a Parish in Reputation shall be Parish within this Law so that if A. be ancient Parish that hath Officers in it and the●● be a Town within this Parish which for a long time hath been used and reputed as a Parish and hath all Parochial Rights as Churchwardens c. here this place may be rated as t● Parish towards the Poor Huttons Rep. fol. 93. 〈◊〉 M. 3 Car. B.R. Hilton Pauls Case Cro. 3 p●● Rep. This Tax must be set upon the Tenants and Occupiers of Lands and not upon the La●●lords Living within or without the Parish 〈◊〉 the Tenant only is chargeable for the Land B●●strods 1 part Rep. fol. 354. The Parson having a full tenth Part of the Profits of the Place may be rated to a tenth Part Resol Judges 1633. sect 33. He that doth occupy Lands in his own Hands lying in several Parishes he must be charged in every Parish for his Land lying therein only according to the proportion thereof and 〈◊〉 more but for his personal Estate it seems reasonable he should be charged for it in the place where his Person is All Lands Ancient Demesn Guildable and Copyhold are to be charged with these Rates which ought to be according to the value or by the pound and not according to the quantity Sed consuetud● tollit Legem The Rate for Stock or Goods is thought reasonable to be set after the proportion of Lands viz. an 100 pound in Stock to be rated after 5 or 6 pound a year in Land Note That in some special Cases a Man may be rated beyond his Ability as where one brings a Charge upon a Parish or under any pretence brings in a Man that may be chargeable in a Parish he may if there be cause for this be raised in his Rate to the full value of his Estate and so was the Opinion of Sir Nicholas Hide Dalt J.P. c. 73. f. 167. Where the Inhabitants of any Parish are not able to relieve their Poor any two Justices Quor unus may tax other Parishes and Places within the Hundred yea the whole Hundred if need require and where that is not sufficient the Justices in their Sessions may tax the County in part or wholly at their discretion 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People 14 Car. 2. c. 12. If any Persons find themselves aggrieved in any Tax or other-Act done by the Overseers or by the Justices of Peace they are to be relieved at the Quarter Sessions Dalt J.P. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People The Father Grandfather Mother Grandmother and Children of every poor Person shall be assessed towards their Relief as the Justices of the Peace in their Sessions of the Peace in the County where such Father c. dwells shall limit and appoint on pain to forfeit 20 s. a month to the use of the Poor to be levied by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43 El. c. 2. Wingates 〈◊〉 Stat. Tit. Poor People Dalt J.P. c. 73. f. 1●● Head Officers in Cities and Corporate Towns and Aldermen of London have in their severa● Precincts like Authority that Justices of Peace have in their Counties and no other Justice● of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. If any Parish shall extend into two Counties or part thereof to lie in any City or Corporate Town where they have Justices Then the Justices of every County c. are to intermeddle only within their own Limits and every of them respectively within their Limits are to execute this Law concerning the nomination of Overseers binding of Apprentices granting Warrants to levy Taxations taking Account of Overseers and committing such as refuse 〈◊〉 account or to pay their Arrearages and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up Accounts to the Justices or Head Officers of both Places Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. Dalt J.P. c. 73. f. 156. These Officers within four days after the end of their Year and that other Officers are nominated are to yield up a true Account to two Justices Quor unus of these things following 1. What Sums of Mony they have received or rated and not received 2. What stock of Ware or Stuff is in their Hands or is the Hands of any of the Poor 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. What Poor they have suffered to wander and beg out of their Town or in the Highways or in their Town without their directions 6. Whether they meet monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferent upon all Men according to their Ability 8. Whether they have endeavoured to gather and levy such Assessments 9. Whether they have neglected the Justices Warrants to them or any of them directed for the levying of any Forfeiture according to the Stat. 43 El. c. 2. Dalt J. P. c. 73. f. 153. By the Statute of 30 Car. 2. for Burying in Woollen the Justices are not to allow the Accounts of the Overseers of the Poor until they