to a Constable and they may be bound to their good Behaviour by a Justice See 2 E. 3. 6. Dalt fo 16. Poult 18. Lamb. 122. For the rest of the Idle persons I think Orchard-Robbers Hedge-Breakers Wood-Stealers c. we may reckon up such as cut down Wood or Corn or rob Orchards and the like And therefore observe That all such as shall be convicted before a Justice of Peace for cutting and taking away of Corn growing Robbing of Orchards Breaking Hedges c. and their Procurers and Receivers knowing the same if they cannot make such Satisfaction as the Justice shall think fit the Justice may then commit them to the Constable to be Whipt either for the first or second Offence and if the Constable refuse or neglect to see them Whipt the Justice may commit him to Gaol till he will do it or procure it to be done Stat. 43 Eliz. cap. 7. And by the Statute 15 Car. 2. cap. 2. Constables Constables may apprehend suspected persons Headburroughs or other Inhabitants in County City or Town Corporate c. may apprehend whom they suspect having or conveying any Wood Underwood Poles or young Trees Bark or Bast of Trees or any Gates Stiles Posts Pales Rails Hedge-wood Broom or Furze and by Warrant from a Justice of Peace the May search suspected Houses Officers may search the Houses and other places belonging to those they suspect and where they find any may carry persons suspected for cutting and taking the same before a Justice of Peace of the County City or Town Corporate where if they give not such account how they came by them as doth satisfie the said Justice or in convenient time to be set by the Justice produce not the Party of whom they bought the same or some Witness to depose upon Oath such Sale shall be deemed as Convicted within the meaning of 43 Eliz. cap. 7. and be liable to the Punishment Punishment therein contain'd And also for the first Offence shall make such Recompence and within such time as the said Justice shall appoint and pay to the Overseers for the Poor of the Parish where the Offence was committed such Sum not exceeding 10 s. as such Justice shall think meet and in default thereof to be committed to the House of Correction for any time not exceding a Month or else to be Whipt by the Constable c. and for the second Offence to be sent to the House of Correction for a Month and be kept to hard Labour and if convicted of the third Offence they shall be deemed Incorrigible Incorrigible Rogues Penalty upon the Buyer of stoln Wood. Rogues 15 Car. 2. cap. 2. And if any person buy Wood c. of any other justly suspected to have stoln the same and this be so found upon Examination before a Justice the Justice may order the Buyer to pay the treble Value thereof to the Party from whom it was taken and in default of present Payment make a Warrant to the Constable to distrain for it and for lack of Distress to commit the Party to the Gaol at the Parties own charge there to remain one Month without Bail or Mainprize 15 Car. 2. cap. 2. But non shall be questioned upon this How and when to be prosecuted Law that hath been punished for the same Offence by any former Law nor after six Weeks after the Offence committed shall any Question thereof be made 15 Car. 2. cap. 2. ☞ Sixthly To have a watchful Eye to such as shall keep Common and Unlawful Gaming-Houses and to such Persons as shall frequent the same Every Mayor Sheriff Bailiff Constable Search for Gaming-Houses c. 48 s. and other Head Officer within every City Burrough or Town shall make due search once every Month at least in pain to forfeit 48 s. for every default in all such Houses and places where unlawful Games Imprisonment till Security shall be used and may arrest and imprison as well the Keepers of the House as the Resorters thereunto until they shall severally give good Security at the discretion of the Justices or such Officers not to keep such Games any more 33 H. 8. ca. 9. And for distinguishing what are unlawful Unlawful Games and Gamesters Games and who are unlawful Gamesters It is Enacted by the said Statute 33 H. 8. cap. 9. That no Artificer or his Journyman no Husbandman Apprentice Labourer Servant at Husbandry Mariner Fisherman Waterman or Servingman shall play at Tables Tennis Dice Cards Bowls Clash Coyting Loggating or any other unlawful Game out of Christmass or then out of their Masters house or presence in pain of 6 s. 8 d. But this Act shall not restrain a Servant by his Masters Licence to Play at Cards Dice or Tables with the Master himself or other Gentlemen resorting to his Masters House And if his Master have Freehold of 100 l. per Annum he may also Licence his Servants to play at Bowls or Tennis 33 H. 8. ca. 9. And Note That all Licences to keep Licenses void Houses or Places of Unlawful Games shall be void by Stat. 2 3 Phil. Ma. cap. 9. ☞ Seventhly At your Assizes You shall present all Offences contrary to the Statutes for the restraint of inordinate haunting and Tipling in Inns c. for the repressing of Drunkenness and profane Swearing No Innkeeper Victualler or Alehouse-keeper No Alehousekeeper to suffer Tipling shall suffer any Town-Dwellers to sit Tipling in his House in pain of 10 s. nor sell less than a full Ale Quart of the best Ale or Beer or two Quarts of the small for 1 d. in pain of 20 s. And here the View of one Justice or proof by one Witness upon Oath or the Parties own Confession before one Justice is sufficient Conviction 1 Jac. 9. And the Oath of Conviction 1 Jac. 9. 21 Jac. 7. 1 Car. 4. Distress the Party confessing shall convince any other The Penalties aforesaid are given to the Poor of the Parish where the Offence is committed and are to be levied on Warrant by the Constable and Churchwarden by Distress which after six Days may be sold to satisfie the Penalty And in default of Distress the party Delinquent must suffer Imprisonment till he pay the Penalty Imprisonment And here every Officer that neglects to levy the said Penaltie or certifie within 20 Days the default of Distress shall forfeit likewise to the Poor 40 s. to be Officer forfeits 40 s. levied upon Warrants from one Justice by distress and sale as aforesaid and upon default of Distress shall incur Commitment as aforesaid The Officers or other Parties receiving Officers accountable these Penalties shall be accountable to the succeeding Officers and other Parishioners One convicted of Drunkenness in Court One convicted of Drunkenness or before a Judge or Justice in their several limits or by the View of one Justice or proof by one Witness upon Oath
before one Justice shall forfeit five Shillings to the Poor to be levied and employed as the Penalties of 1 Jac. 9. And in case he Penalty be not able to pay it shall remain in the Stocks six Hours And for the second Offence Stocks of Drunkenness may be bound to good Behaviour 4 Jac. 5. 21 Jac. 7. Here the Officer that neglects to levy Officer forfeits 10 s. the said Penalty upon Warrant shall forfeit 10 s. to be levied and employed as aforesaid 4 Jac. 5. A Town-Dweller which is convict to One convict of Tipling sit Tipling in any Inn Victualinghouse or Alehouse by the View of one Justice or the proof of two Witnesses shall forfeit Ten Groats to be levied and employed as Forfeiture aforesaid and being not found able to pay it shall remain in the Stocks four Stocks Hours 4 Jac. 5. These Offences as also those mentioned Where these Offences shall be enquired in 1 Jac. 9. shall be enquired of heard and determined at the Assizes Quarter-Sessions in Corporate Towns and in Leets 4 Jac. 5. And all Constables Churchwardens Officers sworn to prevent them Headburroughs Tithingmen Aleconners and Sidemen shall be charged on their Oaths to prevent the said Offences 4 Jac. 5. 21 Jac. 7 None shall be twice punished for one But one Punishment for one Offence Offence 4 Jac. 5. †Vintners within these Acts. Vintners which do also keep Inns or Victualinghouses shall be taken to be within these Acts 1 Jac. 9. 4 Jac. 5. and 1 Car. 4. The Offenders 4 Jac. 5. to be prosecuted within six Months By Stat. 3 Car. 3. none shall keep an Alehouse without License Alehouse without Licence in pain to forfeit 20 s. to the Poor which the Constable and Churchwarden upon Warrant before the Justice shall levy by Distress Distress and after three Days default of payment may sell the Distress to satisfie the Penalty rendring the Overplus And in case the Delinquent hath not wherewithal the said Justice shall commit him to the Constable Alehouse-keeper Whipt Officer punisht to be openly Whipt And here the Officer that neglects to execute the Warrant or to punish the Offender shall suffer Imprisonment without Bail or pay 40 s. to be employed as aforesaid See Dalton's Just fo 31 32. Alridg of Stat. Tit. Alehouses c. And by 21 Jac. 7 10. the Alehouse-keeper shall be disabled for three years who offends against 1 Jac. 9. and 4 Jac. 5. And Note That if a Common Inn-keeper Alehouse-keeper refusing to lodge Travellers or Alehousekeeper will not lodge a Traveller who profers ready Mony before-hand for his Victuals In such case the Constable may cause such Innkeeper or Alehousekeeper to be Indicted at the next Sessions or Assizes where the Justices may Indicted and Fined Damages recovered by the Traveller fine and imprison him Or in such case the Traveller grieved may bring an Action and recover Damages against the Innkeeper c. Dalton fo 28. 9 Co. 27. b. 10 H. 7. 8. Next For the repressing of Profane Swearing If any shall Swear or Curse within the Profane Cursing and Swearing hearing of a Justice of Peace of the County Mayor Justice Bayliff or Head-Officer of any City or Town Corporate where the Offence is or shall be convicted thereof by his own Confession or the Evidences of two Witnesses upon Oath before such Mayor Justice or Head-Officer he Forfeitures he shall forfeit 12 d. for every time and the Justice of Peace or Head-Officer may thereupon issue out their Warrant to the Constables and Churchwardens and Overseers of the Poor of that Parish where the said Offence shall be committed to levy the sum and sums of Mony by distress and sale of the Offenders Goods rendring the Overplus if any be to the Owner And where no Distress is to be had the Offender set in the Stocks Offender Whipt Offender if above 12 years of Age shall by Warrant as aforesaid be set in the Stocks Three hours but if he be under 12 years and shall not forthwith pay the sum of 12 d. per Oath then he shall be Whipt by the Constable or by the Parent or Master in the Constables presence 21 Jac. cap. 20. 3 Car. cap. 4. 17 Car. cap. 4. Dalton 138. I spoke before of the Constables Authority upon Notice of a Womans being in Adultery and of a Man and Woman of evil Fame going to a Suspected house ☞ I will next set down the Constables Office concerning such as Profane the LORD's-Day And observe That in the opening the 5th 6th and 7th Branchâ—â— of this Oath is set down the Duty of the Constables as the Matters mentioned in the Abstract of Penal Laws lately commanded by the QUEEN to be put in Execution The Constable Headburrough c. oâ— Penalties upon such as use unlawful Sports and Pastimes on the Lord's-Day Churchwardens by Warrant from a Justice of Peace or other Chief Officer of any City Burrough or Town Corporate under their Hand and Seal against such as use Unlawful Games on the LORD's-Day as Bearbaitings Bulbaitings Enterludes Common Plays or other Unlawful Pastimes within or out of their own Parish may levy the Penalty of 3 s. 4 d. by distress 3 s. 4 d. and sale of the Offenders Goods rendring the Overplus to the Owners and in default of Distress the Constable is to set the Offender in the Stocks by the space of Stocks Three hours 1 Car. 1. cap. 1. The View of one Justice in the Country Conviction by View or one Witness c. To be prosecuted within a Month. General Issue or Chief Officer in a Corporation or Parties own confession or the Oath of one Witness shall be a sufficient Conviction But the Party offending against this Act must be question'd within a Month after the Offence committed And if the Officer be questioned he shall plead the general Issue and yet give the special Matter in Evidence 1 Car. 1. cap. 1. Dalt fo 63. Abridg. of Stat. p. 275. Every person keeping or being present 5 s. forfeited on the LORD's-Day at any Wrestlings Shootings Bowlings Ringing of Bells for Pleasure Mask Wake Church-Ale Dancing Game Sport or Pastime whatsoever he forfeits 5 s. if he or she be above 14 years of Age but if he be under he forfeits only 12 d. by him under whose Tuition he or she is And no Carrier with his Horse Waggoner 20s by a Carrier c. with his Wagon Carman with his Cart Wainman with his Wain or Drover with his Cattle shall Travel on the LORD's-Day in pain to forfeit 20 s. for every such Offence 3 Car. 1. cap. 1. Note There must be but one 20 s. forfeit for one Journy though they pass through several Parishes and the Parish where the Distress is first taken shall have it See Dalt fo 134. Neither shall any Butcher by himself or
December 1690 shall offer to sell Hay of less weight shall forfeit for each Truss 18 d. The Conviction of these Offences to be Constables c to levy the Penalties of these Offences either by the View of one Justice Confession of the Party or one Witness upon Oath The Penalties of all the said Offences to be levied by distress and sale by the Constables or Headburroughs upon Warrant under Hand and Seal of one Justice rendring Overplus In default of Distress or Payment within Imprisonment for lack of Distress six Days after demand or notice left by the Constable c. at the Offenders House Offender is to be committed to the Common Gaol by Warrant from one Justice to remain until payment The Forfeitures to be disposed one Forfeitures how to be disposed moiety to the Overseers for the Relief of the Poor of the Parish where the Offence is committed the other to him or them that shall discover and prosecute for the same in case the conviction be by discovery and prosecution But if by View of the Justice c. then the whole to the Poor unless and if for a default of Payment then one moiety to be towards the repairing and cleansing the Streets to be paid to the Scavengers And note by this Act The Wheels of Penalties on such as make the Wheels of their Carts contrary to the Statute Carts Carrs and Drays used for Carriage from place to place in the Cities of London and Westminster and Parishes aforesaid where the Streets are Paved shall contain six Inches in the Felley in breadth without any Iron-work and to be drawn only by two Horses after they are up the Hills from the Water-side upon penalty of 40 s. every time to be levied as aforesaid But this Act not to extend to Country Carts or Wagons bringing Goods to the Cities or Places aforesaid or that shall carry any Goods half a mile beyond the Paved Streets of the said Cities and Places And note further That no Person in Forfeitures on Hog-Keepers in London Westminster c. The Swine c. forfeited Constables c. may search and seize such Swine London Westminster Southwark or the Parishes aforesaid shall breed feed or keep any sort or manner of Swine within any part of the Houses or Backsides of the Paved Streets where the Houses are contiguous upon pain of forfeiting them to the Churchwardens and Overseers of the Poor of the Parish for the use of the Poor The Constable Churchwardens Chapelwardens Overseers Beadles Headburroughs or Tithingmen of the respective Parishes c. or any of them may by Warrant from the Mayor of London or any other of their Majesties Justices of the Places respectively search to find such Swine and to seize and sell them and to deliver the Mony to the Churchwardens or Overseers to be distributed to the Poor as they shall think fit And for cleansing and keeping clean the London Streets how to be cleansed and kept Streets Lanes and Passages of London and the Liberties thereof It is Enacted That the same shall be ordered and managed and Rates and Impositions laid and levied and all other ways and means used and observed according to the ancient usage and custom of the said City The Lord Mayor or any Alderman of Nusances there presented the City upon his own proper knowledge and view may present in open General Sessions the laying of any Ashes Soil Dust or Rubbish or other nusance or obstruction in the Streets Lanes or Passages And the Lord Mayor and Justices at the Sessions may thereupon immediately assess Fines not exceeding 20 s. for any one Offence and the Fines shall be levied and paid to Fines assessed and levied the Chamberlain of the City for the use of the City to be employed in the publick Payments of the same City And such as shall be Prosecuted for acting General Issue pleaded and Acts given in Evidence by virtue of this Statute or the Statute made 23 Car. 2. for the better Paving and Cleansing the Streets and Sewers in and about the City of London may plead the General Issue and give the said Acts or either of them in Evidence 2 W. M. Four Justices are authorized to allow a Tax for Repair of Bridges in the High-ways Tax for Repair of any decay'd Bridges in the High-way which must be assessed by the Constable and two of the sufficientest Inhabitants in the Parish But this is where a Common Bridge in the Kings Highway is in decay and that it cannot be proved who nor what Lands are chargeable to the Repairing thereof Stat. 22 H. 8. cap. 5. CHAP. XIV About Horses COnstables have something to do in Constables to measure Stoned-Horses assisting such as seize for any Man may seize Stoned-Horses of lesser statute than is allowed by the Statute and to measure the same viz. any Stoned-Horse being Two years old and not Fifteen Hands high from the lower part of the Hoof to the upper part of the Wither on pain of 40 s. between the King and Prosecutor such Horses being put to feed upon Forests or Commons Except Commons where Mares are not usually kept Stat. 32 H. 8. 13. 8. Eliz. cap. 8. But if such Horses make an Escape into a Common he is not to be questioned Fen-Grounds of the Isle of Ely and of the Counties of Cambridge Huntingdon Northampton Lincoln Norfolk or Suffolk are excepted and there the Horses need be but 13 Hands high Ibid. Constables also are to assist at Michaelmass And to assist at the Driving of Forests or within 15 days after to drive Forests and Common Grounds on pain of 40 s. And they may also drive them at any other time and so may the Keepers and Owners of the Ground 32 H. 8. 13. This Act extends not to Cornwall CHAP. XV. About Hunters and Hunting-Dogs c. COnstables c. upon a Warrant under Constables to search for Dogs Nets Snares and Engins the Hands and Seals of two or more Justices of the Peace have Power to search the Houses of Persons suspected and not qualified to keep Setting-Dogs or Nets Snares and Engins to take Pheasants or Partridges c. and may take away their Dogs and cut their Nets c. Stat. 7 Jac. cap. 11. 22 23 Car. 2. cap. 25. Also to levy upon a Warrant from a Justice by distress the Forfeiture of such as course kill hurt or take away Deer Conies c. in Parks Warrens or other Grounds where they are kept 13 Car. 2. cap. 10. 22 23 Car. 2. cap. 5. See Wingate's Abridment Tit. Hunters and Hunting CHAP. XVI About Malt. COnstables and Bayliffs of Towns Constables to view and sell Malt badly made ought to view and search the Malt there made or put to sale and if they find any ill or deceitfully made or mingled they may with the Advice of any one Justice of Peace cause the same
case made and provided By and during all which time and term the said N. O. shall and will faithfully serve the said P. Q. his Master in all his lawful Business according to his power wit and ability and honestly and obediently in all things shall behave himself toward the said P. Q. his Wife Children and Family And the said P. Q. for his part promiseth Covenanteth and agreeth That he the said P. Q. the said N. O. in the Art Skill and Mysteâ—… of a Taylor ‖ Or in the Art and and Skill of Husbandry or Housewifery as the case is shall teach and instruct or cause to be taught and instructed the best way and manner that he can according to his knowledge and also to find and allow unto his said Apprentice sufficient Meat Drink Washing Lodging Linnen Wollen Shoes Stockings and all other things meet and necessary for such an Apprentice during all the said Term. In Witness whereof the said Parties to these presents have to the same interchangably set their Hands and Seals the Day and Year first above written Let the Churchwardens Overseers and Apprentice seal and deliver one part to the Master And let the Master seal the other part to them And it may be the better to get the two Justices to signifie their Consent by Indorsment on the Backside of the Indentures Note that Mayors Bayliffs or other Head Officers of Corporate Towns have in their several Precincts like Authority as the Justices of Peace have in the Counties for all the uses and purposes in this Act And the like hath every Alderman of every Ward in the City of London Stat. 43 Eliz. cap. 2. Note this Placing of Apprentices may be to any Man or single Woman or Widdow whom the Officers and Justices think fit to receive them either to learn a Trade or Husbandry or Housewifery And note That all such as are bound Such Indentures are safe to the Overseers c. as aforesaid may safely be received and kept as Apprentices by their Masters or Mistresses to whom they were so bound 1 Jac. 1 cap. 25. 21 Jac. 1. cap. 28. 3 Car. 1. cap. 4. By the Stat. 7 Jac. 1. cap. 3. Mony given How Mony given to put out poor Children shall be employ'd to put out poor Children Apprentices is to be employed by the Corporation or Parson Constables Churchwardens and Overseers accordingly on pain that every of them forfeit five Marks And the Person that takes Mony with such Apprentice shall give Bond to repay it at seven Years end or within three Months after Or if the Apprentice dies Apprentice dye in the mean time then within one year after his death and the like of the death of the Master Mistress Master dies or Dame so as the Mony may be employed for putting out others If a Master c. shall put his Apprentice Master may not take away his Apparel How an Apprentice may be discharged from his Master Overseers to be assisting to other Officers into Apparel he cannot take it away from him though he should afterwards part with his Apprentice Bro. Tresp 93. And note that An Apprentice cannot be discharged from his Apprenticeship but by four Justices at the least in open Sessions by Agreement in Writing under his Masters hand Dalt Just P. fo 79. You may perceive by what has been said before that these Officers are to be assisting in some cases to Constables as for Irish Cattle c. which is left to you observation in reading this Treatise The Overseers are to receive for the Fines and Forfeitures to be received by them Poors use the Fines laid upon such as with Nets Snares or Engins take and kill Fish Conies c. unlawfully without the Owners consent Stat. 22 23 Car. 2. cap. 25. Also a Third part of such as Travel with above five Horses in length See the next Chapter vide Antea Chapter for High-Ways By the Stat. 30 Car. 2. cap. 3. upon the Forfeiture for not Burying in Woolen Ministers Notice to the Churchwardens or Overseers of the Poor under his Hand That no Affidavit is brought to him according to the Statute for Burying in Woolen they are within eight Days after to repair to the Chief Magistrate of any Town where the Deceased was Buried else to a Justice of Peace who upon the Ministers Certificate are to grant a Warrant to levy the Forfeiture viz. 5 l. by distress and sale of the Goods of the Party deceased or in default thereof of the persons Goods in whose House the Party died or the Goods of any that had a hand in putting the Party deceased into any Shroud or Cossin made or lined c. with any thing but Sheeps Wool contrary to this Act or that ordered the same And if such person were a Servant and died in the Masters Family the Masters Goods to be liable And if such person died in the Family of his Parents then the Parents Goods to be liable One part of this Forfeiture to the Poor of the Parish the other to him that will sue for the same Note no Penalty shall be incurr'd where the Party died of the Plague If a Justice be not in the Parish where the Party shall be Interr'd the Affidavit may be administred by any Parson Vicar or Curate in the same County other than of the Parish or Chapel of Ease where the Party is Interr'd and they are to attest the same under their hands gratis Stat. 32 Car. 2. cap. 1. Officers neglecting their Duty by this Forfeitures of Officers Act forfeit 5 l. for every Offence to be recovered by Action brought within six Months after the Offence One fourth part to the King two to the Poor of the Parish and one fourth to the Informer 30 Car. 2. cap. 3. These Officers within four Days after Overseers to Account their Year ended and others chosen are to make a true Account to two Justices of what Monies they have Received and Disbursed what Wares they have in their hands or in the hands of any of the Poor what Prentices they have put out c. 43 Eliz. 2. Dalton fo 96. And they are also to give an Account at their Sessions or to any two Justices at their monthly Meetings of the Name and Quality of every person Interr'd since their former Account and of the Certificates and Account of Certificates and Burials c. their levying Penalties and of the disposal thereof on pain of 5 l. to be levied by distress and sale and their Accounts shall not be allowed till they have accounted for the Burials 30 Car. 2. 3. Upon their last Accounting what is remaining To pay over the Remainder Commitment they shall pay over to the New Overseers if they refuse to account the Justices may send them to Gaol and if after they have accounted they refuse or fail to pay over the Mony in their hands to their Successors
whereby he Commands an Inferior Officer to do something belonging to his Office are as follow First That the Warrant must be plain Rules and clear and not ambiguous and doubtful so that the Officer need not be forced to enquire what the Justice means Secondly That it be compleatly fill'd up and not left with Blanks in it Thirdly The usual form of the Warrant begins thus These are in Their Majesties Names to require you c. tho' it is sufficient to say These are to require you howbeit the Warrant doth carry the more Majesty in it when those Words are used in it Fourthly The Title of Direction may either be above the Warrant thus To the Constable of Dale Or in the body of the Warrant thus A. B. Esq c. To the Constable of D. Whereas c. Fifthly The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tithingmen c. Or To the Sheriff and to all Bailiffs High-Constables of Hundreds and Constables and Tithingmen of Towns and Parishes within the County of A. and every of them joyntly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To A. B. and C. D. both of E. in the County of G. and to either of them But this must be understood of Warrants of the Peace Good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom to send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor in this case the direction of the Statute must be punctually pursued for it is dangerous to vary from it ever so little But where the Justice is left at liberty to direct it to whom he pleases it hath been thought the best way to direct it to a common and known Officer which is the High-Constable of the Hundred or Constable of the Town c. Sixthly The Warrant for an Arrest may be to require the Officer to bring the Offender before the Justice that makes the Warrant or before him or some other Justice of the County and either way is good Seventhly In every Warrant of the Peace or Good Behaviour where Sureties are to be found the Warrant ought to contain the special Cause or Matter that the Party arrested may provide Sureties But if it be for some great Crime the cause may be concealed Eighthly In every Warrant to command an Officer to carry a man to Gaol 't is usual to insert a Clause to the Gaoler at the end of the Warrant to this purpose That you him convey to the Common Gaol of this County and him deliver to the Gaeler or his Deputy there who are hereby required him to receive and detain until he shall from thence be delivered by due course of Law And note that 't is usual and a good Close of every Warrant sent to an Officer to require him to give an account how he hath executed it in this manner And that you be then there with this Precept to give us an account of your Execution of it Or thus That you give me an account within 14 Days next following of your Execution of my Warrant Ninthly Note there is very little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little only in the Form Tenthly Where a Statute doth give Power to a Justice of Peace to compel men to do any thing he may send his Warrant to require them to come before him and if they refuse he may proceed at Law Eleventhly The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel Appearance or Attendance there or Execution of any thing there done under their own Hands or by the Clerk of the Peace as the business of the Quarter-Sessions is done Twelfthly Observe That where a Statute is penned thus that the Constables or Churchwardens by a Warrant from a Justice of Peace shall be enabled to do a thing in this case the Justice may justifie the making of such Warrant Some Precedents of Warrants 1. WArrants and Precedents relating to the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires Forcible Entries Forcible Detainers Riots Routs and Unlawful Assemblies Security of the Peace and Good Behaviour or other Misdemeanors or Offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of the Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty-Constables or to all or any of them to make search for the Traytors or Felons and also for stoln Goods The Form of a Warrant to Apprehend a Traytor J. G. Esq One of Their Majesties Justices of the Peace within the County of N. To the Sheriff of the said County and to all High-Constables Petty-Constables and other Their Majesties Officers Greeting c. Whereas L. M and R. S. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in Their Majesties Names streightly to charge and command you and every of you upon sight hereof without delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the Bodies of the said L. M. and R. S. and them and either of them so found to arrest and attach and immediately upon such arrest to bring before me at my House at B. in the said County Whereof fail not at your peril Sealed with my Seal and Dated the 7th Day of M. in the Third Year of the Reign of our Sovereign Lord and Lady William and Mary King and Queen c. The like Warrant may be made for the apprehension of Felons A Warrant for keeping the Peace Essex ss A. B. and C. D. Esquires To the Sheriff of the same County and to all High-Constables and Petty-Constables and other Ministers and Officers appointed to keep the Peace within the same County Greeting Whereas we are informed that there is a great Meeting appointed to be had at E. within this County upon the 1st Day of February next under pretence of a Fair then and there to be kept or under pretence of a Cock-fighting to be there had or under pretence of a Race to be there Run and the like when and where by occasion or under colour thereof it is suspected there may be some notorious Breach of the Peace by a Fray Riot Insurrection or otherwise For the preventing whereof and the keeping of the
Oaths appointed Conventiclers EVery Constable Headburrough Tithingman Constables must levy Fines c. upon frequenters of Conventicles Churchwarden and Overseers of the Poor are authorized and required to levy the Fines assessed by the Justice of Peace upon those who shall be present at unlawfūl Conventicles upon their Goods and Chattels having first received a Warrant under the Hands and Seals of one or more Justices or Chief Magistrate and forthwith to deliver the Mony so levied to the same Justice of Peace or Chief Magistrate 22 Car. 2. cap. 1. If any Constable Headburrough Tithingman Constables must inform of Conventicles on Penalty of 5 l. Churchwarden or Overseers of the Poor shall know or credibly be inform'd of any Conventicle within his Precinct and shall not thereof inform some Justice of Peace or Chief Magistrate and endeavour to Convict the Parties but neglects his Duty he forfeits 5 l. to be levied on his Goods 22 Car. 2. cap. 1. And the said Officers being Constable May break open the Doors to search for Conventiclers Headburrough or Tithingman may upon a Warrant from one or more Justice or Justices or Chief Magistrate with what aid force and assistance they think fit after refusal or denial to enter break open into any House or other place where they shall be inform'd any Conventicle is held as well within Liberties as without and take into their Custody the persons there unlawfully assembled to be proceeded against according to this Act. But no Peers House is to be searched Peers House unless in presence of a Lord Lieutenant or two Justices of the Peace whereof one to be of the Quorum And Note That the Penalties for a Married Wives Penalty levied on Husbands Goods General Issue Woman living with her Husband shall be levied on the Goods of the Husband And any Person Sued for acting by this Law may plead the General Issue and give the Special Matter in Evidence and shall recover treble Costs 22 Car. 2. cap. 1. But Observe further That now Their Exceptions by Act of Indulgence to Dissenters Majesties Protestant Subjects dissenting from the Church of England and qualified according to the late Statute of Indulgence are exempted from Penalties See Stat. 1 W. Ma. 24. Maii 1689. Provided no Popish Recusant have any Not to extend to Popish Recusants benefit Provided also no Congregation be allowed until the place of Meeting be certified to the Bishop or Arch-Deacon or Justice of the Peace c. And provided That if any Assembly of Dissenters not to keep their Meeting House Doors lock'd or barr'd c. Persons dissenting from the Church of England shall be had in any place for Religious Worship with the Doors lock'd barr'd or bolted during the time of such Meeting together All and every Person that shall come to and be at such Meeting shall not receive any benefit from this Law notwithstanding his taking the Oaths and making and subscribing such Declarations c. as are in the said Act contained 1 W. M. 24 Maii 1689. ☞ You shall true Presentment make of all Bloodshedding Affrays Outcries Rescues or other Offences committed or done against Their Majesties Peace within your Limits This Branch explains it self and it is When and where Constables must make their Presentments the Duty of High Constables and Petit Constables to attend upon aid and assist and execute the Warrants of the Judges of Assize at their Assizes and Gaol-Delivery and the Justices of Peace at their General and Special Sessions and other Meetings and there upon Oath and in Writing if it be required to make Presentment to them of things within their knowledge against the Peace and of such other things as are usually contain'd in Articles exhibited to them for that purpose As concerning Felons Hue and Cry Watch Punishment of Rogues Labourers Servants Apprentices Idle and Suspected persons the Assize of Bread and Beer Weights and Measures Bridges in Decay Alehouses Licensed and Unlicensed Gaming-Houses harbouring Rogues Tipling and Drunkenness unlawful and Unsealed Measures Defect of Highways c. and if they be Charged they must give Account to all the Particulars of their Office and for any neglect or fault therein Justices may punish them by Indictment or otherwise as in other like cases of neglect or contempt of them Note Most of these Things especially those which are common Nusances as corrupting the Air Water or Victuals by Filth or Carkasses c. stopping of the way and passage Deceit in Weights Measures c. Counterfeiting of Wares and the like the Constables c. are to present at Leets and give Information of the Offenders to the intent they may be punished as the Law requires See Bacon's Cases p. 28. ☞ Ninthly 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 First observe That it s said a Justice of How the Constables ought to execute the Justices Warrants Peace may direct his Warrant to the Sheriff Bayliff Constable Headburrough Tithingman or any other Officer or any other indifferent Person by Name though he be no Officer See Dalt fo 332. 14 H. 8. 16. But some Acts of Parliament limit the Officers to whom he shall direct his Warrant c. Secondly Note That generally where a When a Justice makes his Warrant beyond his Power c. Justice of Peace hath Jurisdiction and Authority in the matter though he make his Warrant something beyond his power yet is not the Constable c. to dispute it but must Execute it and he shall be Excused as for Example If the Justice make a Warrant to arrest a Man for the Peace or good Behaviour c. and there is no cause for it yet the Officer shall not be punished for Executing the Warrant But it is otherwise where a Justice of Peace makes his Warrant for something to be done out of the Jurisdiction of the Justice or wherein he is no Judge and here the Officer may be punished if he Execute it and therefore may very well disobey it And it behoves an Officer at his Peril to take notice of the Authority and Jurisdiction of the Justice Dalt fo 334. Lamb. 67 94. Cromp. 74. 14 H. 8. 16. 10 Co. fo 76. Neither ought an Officer to obey a Notorious mistakes in a Warrant Warrant that has apparent and notorious mistakes in it as if it command him to levy of a Man 5 l. because he was Tipling in an Ale-House or had Sworn an Oath or the like where the Penalty amounts not to a tenth part or if it requires the Constable to do something not within his Precincts But otherwise where it is regular The Officer to whom such Warrant is directed ought with all speed and secrecy to Execute it Dalton fo 332. And Note a sworn Officer as a Constable Constable not obliged to shew his
Place on the Premisses charged with the Rent distrained for Replevy the same according to Law Then in such ease the Landlord or Person distraining may with the Sheriff or Under-sheriff of the County or with the Constable of the Hundred Parish or Place where such Distress shall be taken who are required to be aiding and assisting therein cause the Goods and Chattels to to be Appraised by two sworn Appraisers Goods to be Appraised and sold whom the Sheriff Under-sheriff or Constable are impower'd to Swear and afterwards sell the same for the best price towards the Rent and Charges of Distress Appraisment and Sale leaving the Overplus in the Sheriff or Constables hand for the Owners use Stat. 11 Maii 1690. primo Willielmi Mariae And the like may be done as to Sheaves Corn and Hay distrained for Rent or Cocks of Corn loose or in the Straw or Hay in any Barn or Granary or on any Hovel Stack or Rick which before this Act were not distrainable But note That these last mentioned Corn and Hay not to be removed till default of Replevin c. Goods c. are not to be removed from the place where found and seized but to be kept there as impounded until the same shall be replevied within the time aforesaid or sold in default of such Replevin 11 Maii 1 W. M. CHAP. X The Constables Office about Excise EXcise Men aliàs Gagers when Constables to assist Gagers and Excise-Men they intend to enter by Night into the Houses of Brewers Victuallers Distillers c. to Gage their Coppers Fat 's or Vessels or take an account of their Beer Ale Wort Perry Cyder Strong-Waters Metheglin Mead Coffee Chocolet Sherbet or Tea brewed made or distilled there are to take a Constable along with them 12 Car. 2. cap. 23 24. Note the Excise of Coffee is now paid in the Berry c. See primo W. M. 25 Julii 1689. concerning Distillers of Strongwaters c. Also Constables c. upon Warrant to To levy Penalties upon the Offenders against the Acts of Excise them directed from the Justices of Peace are to levy the Penalties upon the Goods of the Offenders against the Acts for Excise by distress and sale thereof rendring the Overplus and for want of Distress to carry the Party to Gaol till satisfaction be made 12 Car. 2. cap. 23 24. The Constables are also from time to To summons Brewers c. before the Commissioners time upon Warrant to them directed to summon all Alehousekeepers c. to appear before the Commissioners of Excise at the Days and Places in such Warrants appointed CHAP. XI About Fish Constables and Churchwardens by Constables are to levy the Penalties upon such as destroy the Spawn of Fish Warrant from a Justice of Peace are to levy the Penalties upon such as destroy the Spawn and Breed of Fish along the Sea-shoar or in any Haven or Creek or within five Miles of the Mouth of any Haven or Creek by fishing with Nets of a less Mesh than three inches and an half betwixt knot and knot except for the taking Smoulds in Norfolk only or with a Canvas-Net or other Engin. The Penalty is 10 s. to be levied by distress and sale of the Offenders Goods Note that in Corporations the Penalty may be levied by the Head Officers 3 Jac. cap. 12. To search for Nets and Engins used to destroy Fish Also Constables upon Warrants from the Justices of Peace in the Counties of Worcester Salop and Gloucester are to search for unlawful Nets or Engins used to take Fish in the River of Severn in all suspected Houses and to seize the unlawful Instruments and bring them to the Quarter-Sessions to be destroyed Stat. 30 Car. 2. cap. 9. CHAP. XII About French Goods c. prohibited NOne shall sell or offer to sale export Constables c. to search for French Goods imported or import Foreign Bone-lace Cut-work Embroidery Fringe Band-strings Buttons or Needle-work of Thread or Silk on pain to forfeit for selling or offering to sale as aforesaid 50 l. and the Goods themselves and for importing 100 l. and the Goods imported the one moiety to the King the other to him that will sue in Court of Record And the Constables upon Warrant to them directed from the Justices of Peace are to search for such Manufactures in Shops being open Warehouses and Dwelling-houses and to seize them Stat. 13 14 Car. 2. cap. 13. By an Act primo Williel Mar. for French Goods to be destroy'd prohibiting Trade with France Wines Vinegar Brandies and other liquid Commodities single or mixt shall be staved spilt and destroyed and Linnens Silks Paper and other Commodities mixt or unmixt shall be publickly burnt and destroyed And such Persons as presume to take up or save any of the said Commodities so to be destroyed Forfeitures shall forfeit 40 s. over and above the Value of the Goods And the Persons importing shall forfeit the full value thereof and the Persons keeping or selling any such prohibited Goods shall for the first Offence forfeit the full value thereof for the second double Forfeitures the value and be disabled to execute any publick Employment whatsoever And any person may seize such Goods in whose custody soever to the intent they may be destroyed And every Informer or Prosecutor that shall by collusion or fraud desist or delay his prosecution for any Offence against this Act shall upon Conviction forfeit 500 l. And all Sheriffs Mayors c. Constables Constables to be aiding and other Officers are enjoyned to be aiding in the due execution of this Act in reference to the Commodities aforesaid If any person not being a known Merchant Vintner or Shopkeeper shall sell or expose to sale any such prohibited Goods after Conviction in Their Majesties Court of Record shall suffer 12 Months Imprisonment without Bail above the Penalties Imprisonment Ship Forfeited 500l aforesaid The Ship or Vessel in which they are imported shall be forfeited and all the Furniture c. And the Master or other Person having Care of the Ship or Vessel in the Voyage or out of which any such Prohibited Goods shall be unship'd either at Sea or in Harbours c. into any Hoy or Boat shall forfeit 500 l. And the Justices may by Warrant apprehend him and upon the Fact proved by two Witnesses on Oath may commit him to the next Gaol for Imprisonment 12 Months without Bail or Mainprize And the Seamen Mariners or any other person assisting at the unshipping or conveying of any the said Commodities either by Land or Water shall upon such Proof be subject to like Imprisonment or Seamen c. Whipped be publickly Whipt at the discretion of the Justice of Peace before whom he shall be convicted And the Carts and other Carriages and the Cattle moving the same shall be forfeited one half to the Poor and the other to