because therein as well the Constables of Hundreds as of Villages may briefly see discern the chief particulars of their office The duty as well of the chief Constables of hundreds as of the petty Constables of villages and parishes consisteth chiefly in matters concerning the peace Division of their office either by their own authority or under the authority of others The conservation and maintenance of the peace standeth in these three things Their office concerning the peace First in foreseeing that nothing be done that tendeth either directly or by means to the breach of the peace Secondly in quieting or pacifying those that are occupied in the breach of the peace Thirdly in punishing such as have already broke the peace The endeavour of all these belongeth to the Constables but the first and last more esspecially apperteineth to the Justice of the peace By the breach of the peace is understood What is the breach of the peace not onely that actuall fighting affray and battery but also every murder manslaughter rape robbery and other felony whatsoever and by some opinions every assaulting or putting in fear of the Kings people whether it be by unlawfull wearing of armour or by assembling of people to do any unlawfull act whatsoever And for the better preventing that nothing be done against the peace any of these officers may take and arrest all suspected persons as well strangers as others which walk in the night and sleep in the day or which do haunt any house suspected of bawdry or shall in the night use other suspicious company or shall do or commit any outrage or other misdemeanour and they may carry them before a Justice of the peace to find surety of their good behaviour And if any such officer be not of sufficient strength to do it alone he may require meet aid of his neighbours thereto and they in such case are punishable for neglecting to assist him Night-vvatches They shall also appoint night-watches from the feast of Ascension untill Michaelmas yearly by two or more watchmen according to the number of the inhabitants of the town all the night from sunne setting to sunne rising for the arresting of all such persons as do walk abroad in the night season as well strangers as others These officers ought not onely to see these watches duly set and kept Huy and cry but ought also to raise huy and cry after such as shall disturb and refuse to obey the arrest of the watchmen and that the persons appointed for this service be men of discretion able bodies and sufficiently armed These watchmen shall be appointed by the Constable by course or turn Watchmen hovv appointed and not at the Constables discretion Refusers to vvatch And if any one so appointed shall refuse to watch the Constable ex officio by some opinions may set such person in the stocks for such his contempt but the safest way as I conceive is to charge the next in turn and forthwith to convent the party before the next Justice of peace by him to be bound over to the next generall Sessions of the peace there to be indited for his offence The watchmen thus appointed may have these or the like instructions or directions given them To keep the peace amongst themselves Watchmans charge to continue their watch diligently untill the Sunne-rising without noise and disturbance of the inhabitants that they abide and frequent the common passages but so as they have regard also to all other places that they examine all such persons as they shall see stirring or shall passe by them what they be whence they come whether they go and the reason of their late travel or being abroad and if cause of suspicion be found in them to stay them if they obey not but resist to constrain them by force and to beat them for resisting the peace of the Realm if they bee too strong or fly them to levy huy and cry for the apprehending of them and to set them in the stocks untill the morning and then to have them before some Justice of peace to be dealt withall according to justice to resort such places where they behold any candle or fire-light to know the cause or where they heare any noise of people especially in Taverns Innes and Alehouses and finding any thereto admonish them to depart and refusing to compell them as aforesaid And if any unknown person horse-man or footman shall passe by them or that shall drive any cattel horse or the like or that shall carry any burthen on horse back cart or otherwise to stay them till the morning to justifie themselves unlesse they can render good account both of themselves their company and carriage and if any post come by them to know what number they have lest offenders also passe under that pretence And the Constables are also to be aiding and assisting to these watchmen upon all occasion Constables must aid the vvatch And the Constables of hundreds and of towns ought to present to the Justices the defaults of watches and of high-wayes Defaults of vvatches and of such as lodge strangers for whom they will not answer If any person whatsoever except the Kings servants and ministers Offensive armes in his presence or in executing his precepts or such as shall assist them or except it be upon pursuit of huy and cry appeasing of riots or the like or in going to or from the musters shall ride or go armed offensively or in terrorē populi by night or by day in fairs markets or any other place the Constables may take and seise such armour from him and may apprise and sell the same for the Kings use and may also carry him before a Justice of peace who may bind such party to the peace or good behaviour and for want of sureties may commit him to the gaol And all officers that have been remisse or negligent in the execution of this statute shall be punished according to the discretion of the Justices of Assise If any great assemblies or rumour of people be made in manner of insurrection Insurrections riots c. then the Sheriff Constables c. having knowledge thereof ought to attend the Sheriff and the Justices and to go with the strength of the County and to oppose themselves against it and also to take arrest and imprison the offenders and so ought they to do upon riot rout or unlawfull assembly or against any forcible entrie or deteiner If any man threaten to kill or wound another in the hearing of a Constable One threatned and he who is so threatned do pray such Constable to arrest the other to find surety of the peace then may and ought the said Constable to arrest him to go and find surety before a Justice of peace and if he refuse to go or flyeth the Constable may imprison him in the stocks till he have sufficient aid to convey him
artificer craftsman husbandman apprentice labourer servant at husbandry journeyman or serving-man doth play at the Tables Dice Cards Tennise Bowles Close Coyting Logatine or any other unlawfull games invented or to be invented out of Christmasse time or out of their Masters house or presence in the Christmasse time unlesse it be by licence of such masters as have a hundred pound by year or above and then also that playing to be within the precincts of such masters house garden or orchard such officer may commit every such offender to Ward till he be bound by obligation to the Kings use in such summe as to the discretion of such officer shall be thought reasonable that he shall not from thenceforth use such unlawfull games The Constables are likewise to have care for the maintenance of Archery Archerie according to the stature that every person not being lame or not having other impediment being within the age of threescore years except spirituall men Judges shall have and use along bow and arrows upon pain of six shillings eight pence for every default And that Butts be made and continued in every City and Town and that the inhabitants do exercise themselves with the long bow in shooting at the same and elsewhere upon pain for every three months so lacking Butts twenty shillings All Constables Disorders in Alehouses Church-wardens Headboroughs Tithing-men Alecunners and Sidemen shall in their severall oaths incident to their offices be charged to present the offences done contrary to the statutes made for the repressing of drunkennesse and other disorders in Innes and Alehouses Constables and other inferiour officers shall every of them once in every fifteen dayes search and enquire the defaults and disorders of Innes and Alehouses And by the Articles given in charge by the Justices of peace at their monthly meetings the chief and petty Constables are to give an account upon oath in writing of the number of Alehouses which are licenced and which are not and of those that be licenced which of them keep ill orders in their houses either by maintaining of play receiving of Tinkers Pedlers vagabonds or other suspected persons or by suffering of tipling drunkennesse c. or by selling by unlawfull measures or measures unsealed or lesse then one full ale-quart of their best ale or beere for a penny and two of their small And of Innekeepers that use their Innes as Alehouses by uttering their ale or beer out of doores or by suffering of drunkennesse tipling play or other disorder The Constable that shall not by warrant from the Justice levy the twenty shillings forfeited for keeping alehouse without licence Penalties of the Constables or for default of distresse by like warrant do not openly punish the offender by whipping him shall be imprisoned untill he do the same or pay the summe of forty shillings or if he shall not by like warrant levy the summe of five shillings upon the person convict of drunkennesse or set the party in the stocks six houres or shall not levy the summe of three shillings foure pence for unlawfull tipling or set the party in the stocks foure houres and of the Innekeepers and Alehousekeepers for their offence and permission of these disorders the summe of ten shillings for each of them or shall not levy the summe of twenty shillings for selling their beer or ale under the assize shall in every of the said cases forfeit the summe of ten shillings All Constables c. Constables shall attend the quarter Sessions are to be attendant aiding and assisting to the Justices of the peace for the execution of their Commission of the peace and of all such laws and statutes whereof they have power to hear and determine and to make presentment at their generall quarter Sessions of the peace and of all offences committed and done against any of them and of all bloud-sheddings affraies outcries rescues and other offences done and committed against the Kings peace within their severall limits or power to make fine The petty Constables of parishes Shall present offences at the Assises because their personall appearance at the generall Assises and gaol-delivery is not required shall in convenient time before every Assise bring their presentments and answer of the Articles of the said Justices of Assise fairly writ under their hands to some Justice of peace within that limit who shall take them sworn of the truth of the said presentments and subscribe his name to testifie so much And if any petty Constable be remisse herein the chief Constable who is to receive these presentments and to certifie them with his own at the said Assises shall do well to acquaint the Justices of that Division therewith before the said Assises that such petty Constable may recieve due punishment for his neglect upon pain of like punishment himself The Constables c. Shall execute the precepts of Justices of peace ought also to shew themselves obedient to the precepts of the Justices of the peace neither ought they to dispute whether their commandments be grounded upon sufficient authority or no for if a Justice of peace which is a Judge of record shall direct a warrant beyond his authoritie to a Constable or other officer yet such officer shall be held excused for executing the same although the Justice of peace himself may be blamed for it A warrant is sent by a Justice of peace to a Constable or other officer such officer must serve it himself and cannot by word or writing appoint another The Constable or other officer to whom such warrant is sent or delivered Serving of vvarrants ought with all convenient speed and secrecie to seek and find out the party and to execute the same requiring the party in the Kings name to go with him according to the warrant if the party refuse the Constable by virtue of his said warrant may arrest and carry him by force before the Justice and may require aid to assist him and if such party shall resist the Constable may imprison him in the stocks till the said party be willing to go If it be for surety of the peace or good behaviour such officer before he arrest the party ought first to acquaint him with the matter and withall to require and charge him in the Kings name to go with him before the Justice to find and put in sureties according to the warrant which if he refuse to do then ought such officer forthwith to arrest him and if his warrant expresse so much may convey him to the gaol without carrying him before the Justice and if the party shall make any resistance or seek to escape such officer may justifie the beating or hurting of him And such officer ought at the next quarter Sessions of the peace to present and deliver his said warrant and certifie his proceedings in this behalf A warrant is directed from a Justice of peace to bring one before him such officer
is licenced to depart from his said master and is at liberty to serve elsewhere according the Statute in that case made and provided In witnesse whereof c. Dated the day moneth yeare and place of the making thereof And if such person be accepted into any other service without shewing such testimoniall to the Constable c. of the place where he shall be accepted he shall be imprisoned till he procure such a testimoniall which if he do not within twelve daies next after the first day of his imprisonment he shall be whipped as a vagabond Huy and cry The money recovery upon the hundred by the party robbed 27. Elis cap. 13. and assessed by the Justices upon the statute of huy and cry shall be levied by the Constables ratably by distresse and sale of the goods and chattels of such as refuse to pay the same The Minister or Curate of the parish 35. Elis cap. 1. Popish Reeusant sent and the Constable c. of the town to which any Popish Recusant shall be sent by order of the statute shall enter the same into a book to be kept in every parish for that purpose and shall certifie the same at the next quarter-Sessions of the peace in that County Sundry other Statutes there are wherein the Constables are ministers but because they have speciall direction by the precepts of the Justices of peace in the execution of them I have willingly omitted them yet must they know that if they be found cold remisse or negligent therein or in any wise in the execution of their office Cōmis pacis they are liable to be indicted therefore and to receive such punishment and censure as the Justices in open Sessions shall appoint If any action bill plaint A remedy for Constables c. against contentious suits prosecuted against them for the lavvfull execution of their office information or suit upon the case 7. Jac. cap. 5.21 Jac. cap. 12. trespasse battery or false imprisonment shall be brought or cōmenced against any Justice of peace Maior Bayliff of City or Town corporate Headborough Portrecue Constable Tithing-man Collectour of subsidy or fifteens Church wardens persons called sworn-men executing the office of Churchwarden or Overseer of the poore and their deputies or any of them or any other which in their aid or assistance or by their commandment shall do any thing touching his or their office for or concerning any matter cause or thing by them or any of them done by virtue or reason of their or any of their office or offices that the said action bill plaint or suit shall be laid within the Countie where the trespasse or fact shall be done or committed and not elsewhere and it shall be lawfull to and for all and every person or persons aforesaid to plead thereunto the generall issue that he or they are not guilty and to give such speciall matter in evidence to the Jury which shall try the same which speciall matter being pleaded had been a good and sufficient matter in law to have discharged the said defendant of the trespasse or other matter laid to his charge And if upon the triall of any such action c. the plaintiff therein shall not prove to the Jury which shall try the same that the trespasse battery imprisonment or other fact c. was or were had made committed or done within the County wherein such action bill c. shall be laid that then in every such case the Jury which shall try the same shall find the defendant in every such action c. not guilty without having any regard or respect to any evidence given by the plaintiff therein touching the trespas c. for which the same action c. is or shall be brought And if the verdict shall passe with the defendant in any such action c. or the plaintiff therein become non-suit or suffer discontinuance thereof that in every such case the Justices or Justice c. before whom the said matter shall be tried shall allow unto the defendant his or their double costs which he or they shall have sustained by reason of such wrongfull vexation in defence of the said action c. for which the said defendant shall have like remedy as in other cases where costs by the Laws of this Realm are given to the defendants Directions touching the office and duty of the Overseers for the Poore THe Churchwardens of every parish Overseers chosen St. 43. Elis cap. 2. and two or more substantiall householders there shall be nominated and appointed yearly in Easter week or within one moneth after Easter under the hands and seals of two or more Justices of the peace in the same County c. to be Overseers for the poore of the same parish and they or the greater part of them shall take order from time to time by and with the consent of the said Justices for setting to work of the children of all such whose parents shall not by the said Churchwardens and Overseers or the greater part of them Their office be thought able to keep and maintain their children To set poore to vvork and also for setting to work of all such persons maried or unmaried having no means to maintain them or having no ordinary and dayly trade of life to get their living by To raise summes of money And also to raise weekly or otherwise by taxation of every inhabitant Parson Vicar and other and of every occupier of lands Who are to be taxed and for vvhat houses tithes impropriate or propriation of tithes cole mines or salable underwoods in the said parish in such competent summe and summes of money as they shall think fit for the raysing of a convenient stock of flax hemp wool thread yarn and other necessary ware and stuff to set the poore on work Materialls to set the poore on vvork And also to raise competent summes of money for and towards the necessary relief of the lame impotent To relieve the impotent old blind and such other among them being poore and not able to work And also for the putting out of such children to be apprentices To put out apprentices c. to be gathered out of the same parish according to the ability of the said parish and to do and execute all other things as well for the disposing of the said stock as otherwise concerning the premises as to them shall seem convenient In which words you may perceive that the office and duty of these overseers for the poore chiefly consisteth in setting the poore on work in relieving the impotent and in putting out poore children to be apprentices and in making of rates for these purposes and first touching Rates I will observe these three particulars The making of Rates The levying of Rates The disposing of Rates In the raysing or making of rates these three things are most considerable 1. The
THE OFFICE AND DVTIE of Constables Church-wardens and other the Overseers of the Poore Together with the Office and Dutie of the Surveyours of the High-wayes Collected for the help and benefit of such as are ignorant and unskilfull in the discharge and execution of the said Offices CAMBRIDGE Printed by Roger Daniel and are to be sold by Francis Eaglesfield at the Marigold in Pauls Church-yard 1641. To the Reader FRiendly Reader the labour I have taken for thy behoof I may boldly say doth require a favourable acceptance for matters of as small moment as this have threatned on thee as great kindnesse and received for their pains friendly entreaty I have studied to be brief I hope without obscurity for sparing thy time the chiefest treasure And did I doubt that these my weak endeavours in the equall judgement of such as be indifferently affected would not be admitted as commodious rather then rejected as superfluous I had procured them a veil of greater brightnesse which might encrease the reputation of their perfections if any and shadow their wants and deformities It is true I am not ignorant how dangerous it is to put my self so farre forth into the Sea of common opinion and I cannot but see that by reason of the shelves and rocks of injurious conceits which are ready to be found on every hand I am like to passe no small adventure however for once I have ventured to commit my self to thy favourable censure who am Thine JOHN LAYER A brief direction touching the office and duty of Constables collected for the help of such as are unskilfull and ignorant in the discharge and execution of the said office COnstables are inferiour officers ordained for the conservation of the peace Constables defined and are of two sorts Constables of Hundreds and Franchises Two kinds of Constables called the chief or high Constables Constables of Villages and Parishes called the petty Constables The generall office and duty of the chief Constables consisteth in the maintenance of the peace Chief Constables their office in presenting to the Justices the defects of watches and defaults of the Kings high-wayes to collect and pay the moneys charged and raised in and upon the Countrey to distribute the precepts and warrants of the Magistrates to the petty Constables of villages and to have respect to the Arms within their hundred c. In ancient time these officers were appointed and sworn by the Sheriff of the shire in his Court called the Sheriff's Turn Where anciently and novv elected and svvorn But at this day they are usually elected and sworn at the generall Sessions of the peace of the most sufficient and discreet yeomen and sometime from thence referred to the choice and swearing of the Justices of their division Constables of Villages were devised for the ease and help of the Constables of Hundreds Petty Constab their use and office and have the same power within their parish as the chief Constable hath in his hundred Who they ought to be They are to be chosen of the abler sort of Parishioners and the office not to be put upon the meaner sort if it may be It is requisite also that they have these three properties honesty knowledge and ability First honesty to execute their office truly and indifferently without malice or affection Secondly knowledge to understād what they ought to do Thirdly abilitie as wel in estate as in body that they may intend and execute their office fully and substantially so as neither through impotency of body or indigency of estate he neglect the same The proper place to chuse and swear the petty Constables is the Leet Where elected and svvorn but in their default or for insufficiency of choice there made the common practice is that the Justices of peace in their division do cause the inhabitants where such default or insufficiency of choice is made to make better choice and to bring them before them to take their oath But others are of opinion that the remedy of the choice of mean Constables in the Leets ought rather to be reformed at the generall quarter Sessions who are not onely to make new choice but to punish the Steward of such Leet for making the insufficient choice The form of the oath of a Constable You shall swear well and truly to serve our Sovereigne Lord the King in the office of a Constable Oath you shall see and cause his Majesties peace to be well and duly kept and preserved to the utmost of your power you shall arrest all such persons as in your 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 endeavour upon complaint to you made to apprehend all Felons Barritours and Rioters or persons riotously assembled and if any such offenders shall make resistance with force you shall levy Huy and cry and shall pursue them untill they be taken You shall do your best endeavour that the watch in your town be duly kept and that Huy and cry be duly pursued according to the statutes And that the statute made for the punishing of rogues vagabonds night-walkers and such other idle and wandring persons coming within your liberties be duly put in execution you shall have a watchfull eye to such persons as shall maintein or keep any common house or place where any unlawfull games or plaies are or shall be used as also to such as shall frequent or use such places or shall exercise or use any unlawfull games or plaies there or else-where contrary to the statute and you shall have a care for the maintenance of archerie according to the statute At your Assises Sessions or Leet you shall present all and every the offenses committed or done contrary to the statutes made and provided for the restraint of the inordinate haunting and tipling in Taverns Innes Alehouses other Victualling-houses and for the repressing of drunkennesse and profane swearing you shall true presentment make of all bloud-shedding affraies outcries rescues and other offenses committed or done against the Kings peace within your limits you shall well and duly execute all precepts and warrants to you directed from the Justices of the peace and others in authority in this County 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 shall continue in the said office So help you God c. This or the like oath may be administred to the Constable of the Hundred with this addition St. 5. Elis c. 4. that they keep their statute Sessions at such times and in such manner as is prescribed by the statute and that in all such rates and taxes where they have authority to charge their Hundred they do it justly and indifferently in each behalf I have exemplified this oath at large
as aforesaid But if he yield to go it is requisite that he take the party threatned with him to the Justice If a Constable shall see any man going about to break the peace Pacifying the breach of the peace as by using hot words by which an affray is like to grow he may and ought in the Kings name to command them to depart and surcease upon pain of imprisonment and if they will not depart but shall draw weapon or give any blow then ought he to do his best endeavour to depart them And he may for that purpose both use his own weapon and may also command others to assist him And if thereby such officer or any other person coming to assist him do take any hurt he shall have good remedy by action against him that hurt him but if any of them that made the affray be hurt by such officer or by any of his company then such person so hurt shall have no remedy for it If the affray be great and dangerous then may he in the Kings name make Proclamation Make Proclamation that the affrayers shall keep the Kings peace and depart And if they will not depart but make resistance he may commit them for a time to the stocks till their heat be over or that he may carry them before a Justice of the peace to find suretie especially if any person have received hurt in the affray If the affray be in a house Pursuit of affrayers and the doores shut the Constable may break into the house to see the peace kept though none of the parties have taken any hurt or if he that maketh the affray fly into any house the Constable in fresh suit may break into the house and apprehend the affrayers or if he fly into another Countie the Constable in fresh suit may pursue them and cause them to be taken there but he can meddle no further with them but as a private person may do that is to carry them before a Justice of peace of the Countie where they are taken to cause them to find suretie for the peace But if the affrayers fly into a franchise within the same Countie the Constable may in fresh suit pursue and take them out of the franchise The Constable after an affray The affray ended and not present at the same cannot without a warrant arrest the affrayers except some person have received some hurt If the Constable that shall be present at an affray Punished for not assisting doth not his best indeavour to part the affrayers or being requested to assist in the pacifying of an affray done out of his presence doth not go forthwith in both these cases he shall be deeply fined If any shall assault a Constable in the execution of his office Assault a Constable he may not onely lawfully defend himself but may also arrest the offenders and carry them before a Justice of peace c. Every private man being present before Private man or in and during the time of an affray may and ought to stay and part the affrayers or any that shall come to their assistance but may not hurt or imprison them unlesse some person be dangerously hurt in the affray Note that it is properly no affray Affray what unlesse there be some weapon drawn or some stroke given or offered to be given or other attempt to such purpose for if men contend onely in hot words this is no affray neither may the Constable for words onely lay hands upon them unlesse they shall threaten also to kill beat hurt or wound another If one assault a man in or nigh the high-way to rob him and he be taken by the true man or by any other Assault and be brought to the Constable then ought such a Constable not onely to take him to his ward but also to carry him before a Justice of peace to cause him to find suretie for the good behaviour So if any man do suspect another of murther or felony Arrest and do declare the same to the Constable of the place then may the Constable arrest such suspected person and carry him with his accuser to some Justice of the peace c. A felony being newly committed Search the Constable within his limits may search for the felon or the goods stollen for it is a chief part of their office to suppresse felons for if there be but a common fame that A. B. hath done a felony it is cause sufficient for the Constable that shall thereof suspect him to arrest him for it If any man shall fly for felony Seise the goods of a felon it is the office of the Constable of the town to seise on his goods and to keep them safely for the town is to answer for the losse and impairing of them and therefore it is fit that he do it by Indenture taken in the presence and under the testy of the honest inhabitants In like manner upon the apprehension of any person for felony the Kings officers may seise on all the goods and chattels of the offenders but shall preserve them dispending onely so much of them as is fit for the necessary sustentation of the owner imprisoned without wasting or disposing of them untill the party be convicted for then and not before the property of them is in the Crown Observe that in all cases Conveying of prisoners where this officer hath arrested or hath committed to his ward an offender that ought to be conveyed to the goal such officer is not bound instantly to carry him thither but may for a reasonable time safely detain him in the stocks or elsewhere untill convenient provision of strength may be made to convey him safely The gaoler of the Prison to which such an offender is sent must receive him freely without taking any thing of the bringer And every person that shall be so sent having means and abilitie shall bear his own charges Charges of conveying Prisoners to be levied of his goods and chattels by the Constable by warrant from a Justice of the peace and not having any goods c. then to be born by the Parish where such a fellon is apprehended by an indifferent assessement to be made by the Constables and Church-wardens and two or more of the honest inhabitants there by allowance of one Justice of peace The Constable having received a huy and cry for any felony Huy and Cry murder robbery c. ought with all possible speed to make diligent pursuit after the offenders both by horsemen and footmen from town to town and from County to County which way it is directed and to make diligent search and enquiry for such within his own limits for otherwise it is no lawfull pursuit And the Constable for his particular neglect herein shall be fined and the whole hundred where the robbery was done shall answer for the robbery and the damages if none of the
felons be taken or known within forty daies after the robbery committed And the inhabitants of any other hundred wherein negligence or defect of pursuite and fresh suite shall happen shall answer and satisfie the one moity to the hundred so damnified And when huy and cry is first levied it ought to be sent to every town round about East West North and South and they shall do well to expresse in writing to the pursuers the quality of the thing stollen with the colour and marks and also to describe the number of the felons their horse apparel c. If a man be slain within the limits and bounds of any town in the day time and the murderer escape the whole town shall be amerced for the escape Upon any felony committed all men generally shall be ready at the commandment of the Sheriff All men must pursue felons c. and at the cry of the Countrey to pursue and arrest felons upon pain to be grievously fined And every man is a sufficient Bayliff or Officer to apprehend him that is pursued by huy and cry and if he be taken with the thing supposed to be stollen though he neither be of evil fame nor a stranger yet every man may commit as well such suspected person as also such goods to the Constable of the town where they be apprehended to answer the King according to the Law Note that these officers may break open any mans house to apprehend a felon Break into a house for felons or any person vehemently suspected of felony being in the said house and so may they do in any other case where the King is a party As watches in the night Ward so warding by the day shall be appointed in every town and village for the apprehending of rogues and vagabonds and for safety and good order And for that purpose that there be able persons appointed and sufficiently weaponed to assist the Constables of every town to attach such vagabonds c. And if any township shall not observe this order for the attaching and punishing of the said vagabonds then the Justices to set due punishment by fine upon the whole township or upon such party in the town as shall be found in default Note that every person whatsoever Rogues and Vagrants above the age of seven years that under any pretence or colour whatsoever shall wander and beg out of their own parish whether with passe or certificate or without and every one that carrieth any manner of passe or other certificate for that purpose without a guide shall be apprehended punished and conveyed as a rogue for the law alloweth no person whatsoever to wander and beg nor any to make passes to that end wherefore all pasports and certificates to ask relief in any kind are either false and counterfeit or otherwise contrary to the Law and the bearers of such passes are to be punished and conveyed as aforesaid and their false passes taken from them or else to be caried before the next Justice of peace to be sent to the gaol or to be strictly examined touching the makers of such passes to the end they may be found out and punished These persons hereafter named shall be deemed and punished as rogues viz. all persons wandring and misordering themselves all persons which cannot render a lawfull account of their travel all Irish people wandring and begging under any pretence whatsoever all persons calling themselves scholars going about begging all sea-faring men pretending losse of their ships or goods going about begging all idle persons going either about begging or feigning themselves to have knowledge in Physiognomy Palmestry or other like crafty science or pretending that they can tell destinies fortunes or such other phantasticall imaginations all persons calling themselvs Proctours Procurers Patent-gatherers or collectours of gaols prisons or hospitals all Fencers Bearwards common Players of interludes and Minstrels wandring abroad being not lawfully authorised all Juglers Tinkers Pedlers petty Chapmen and Glassemen wandring abroad all wandring persons and common labourers being of able bodies using loytering and refusing to work for such reasonable wages as is taxed or commonly given there where such persons do inhabit having not living otherwise to maintain themselves all persons delivered out of goals that beg for their fees or otherwise do travel begging all persons that shall wander abroad begging pretending losse by fire or otherwise and all persons not being felons wandring and pretending themselves to be Egyptians all persons wandring in that habite form or attire of Counterfeit Egyptians Souldiers and Mariners which have been pressed for their Countrey 's service Souldiers and Mariners and shall return from beyond the Seas disabled or otherwise and shall bring with them a lawfull discharge under the hand and seal of the generall of the Army or Captain of the ship under whom they served signifying their service and cause of return are by the next Justice of the peace to the place of their landing to have a passe or landing-brief made them wherein they are to be allowed a competent time to travell the next straight way to the place where they were born or from whence they were impressed there to be provided for according to the statute And in this their travel they are to repair to the Treasurers of every town and County through which they passe who is to allow them sufficient means to convey them to the next Treasurer untill they arrive at the place limited And if any souldier or mariner other then such as have suffered shipwrack whether he have a passe or no shall in his travel as aforesaid beg or demand relief of any person whatsoever officer or other the Treasurers excepted he is to be punished as a rogue unlesse through sicknesse or other apparant infirmity he be disabled to travel with his aforesaid allowance betwixt one Treasurer and another and in these cases to be releived onely by the Constable And if such a souldier or mariner shall depart from his colours or Captain without a lawfull discharge or shall counterfeit such testimoniall or shall carry any such knowing it to be false and counterfeit or shall wilfully exceed such testimonial fourteen dayes or shall not settle himself in some lawfull calling but live idly it is felony of death in all these cases and the Const knowing or suspecting the same ought to apprehend the offender c. And every Const may examine all souldiers mariners hereof as also of their return from the warres c. Persons allowed by two Justices of peace to travel to the Bath or Buxton for cure of their grief Persons travelling to the Bath and persons permitted by one Justice of the peace to seek harvest work are to be provided of sufficient maintenance in their said travel are not to beg upon pain to be punished as rogues The Constable being assisted by the advise of the Minister and one other of the parish Punishing of
rogues upon the apprehension of every such rogue as aforesaid shall cause them to be stripped naked from the middle upward and to be openly whipped untill his or her body be bloudy then to be sent from parish to parish by the officers thereof or other sufficient guide with a passe the next straight way to the parish where he or she was born or last dwelt by the space of a year as the case is or being unknown to the parish where he or she was suffered last to passe unpunished Rogues are either such as never had any certain dwelling or place of abode Tvvo kinds of rogues or such as have had or have some settled dwelling or place of abode the first of these are to be sent to the place of their birth being known or being unknown to the house of correction or gaol thence to be bestowed in some service Hovv to be settled hospitall c. the second are to be sent to the place of their last settling by the space of a month c. The form of the said Passe or Testimoniall may be this A. B. Testimoniall of a rogue a sturdy rogue of middle stature c. being taken begging and vagrant in the parish of Shep. in the Countie of Cambridge and there punished this day of J. 1639. according to the statute These are therefore in his Majesties name to charge and command you to whom it doth appertein to convey the said A. B. from parish to parish by the officers thereof the next and ready way to the Town of D. in the county of N. where he or she affirmeth he doth dwell or did last inhabit or was born as the case is there to be provided for according to the law and for his or her travel to the place aforesaid is allowed dayes and no longer at his and your perill Sealed and subscribed the day year above written By us S.W. Minister H.R. Constable I.G. Parishioner Or any two of them the Constable to be one And if such rogue through his own default do not accomplish the order of such Testimoniall then is he or she to be whipped at every place for every such default Again punished till he or she repair to the place limited And this Testimoniall is not to be committed to the hands of the rogues but is to be conveyed together with such rogue by the officer himself or other sufficient guide who is to deliver both to the officers of the next parish Hovv conveyed till c. and if default be made by the officer he may be indited therefore Rogues sent as aforesaid And used are to be lodged and allowed some small relief in their said travel by the Constables of the township through which they passe or lodge and are not to be suffered to beg And if any officer shall relieve or harbour any or in any other manner then is expressed he shall not onely bear the losse thereof himself but shall also forfeit the summe of ten shillings Constables are not to post away such persons as shall come or be sent unto them that are desperately sick Directions in passing of Cripple◠and Vagrants or women with child ready to be delivered but are to keep such till they recover strēgth for by this means many have perished neither are they to deliver any vagabonds or cripples to the next Constables after sun-set or to convey such especially cripples by horse or cart upon the Lords day upon pain of punishment And the Constables that shall send a rogue c. Generall pasports by a generall pasport without conveying him from parish to parish or that shall refuse to recieve a rogue sent or doth not convey and deliver him to the officers of the next parish in all these cases he shall forfeit five pound Hinderers of their punishment and be bound to his good behaviour and so shall every other person that in any wise shall hinder or disturbe the execution of the law concerning the punishing and conveying of rogues c. and every person that shall receive relieve or harbour any rogue or vagabond and shall not apprehend and carry them to the Constable to be punished and conveyed shall forfeit for every default ten shillings Constables shall answer for every rogue or vagabond that shall be seen to passe the town unpunished Relieving and harbouring not punishing rogues and his absence shall not excuse him for he is by himself the watchmen or other sufficient deputy to be alwaies present None shall be suffered to straggle and beg within their own parishes None shall beg but are to be relieved by work or otherwise at home and if in any parish there be found any persons that live out of service or that live idly and will not work for reasonable wages or live to spend all they have at the Alehouse those persons are to be brought by the high Constable and petty Constables to the Justices at their monthly meetings there to be ordered and punished as shall be found fit Searches shall be made for rogues Generall privy searches shall be made twice at the least every year in every Hundred Town and Village by the appointment of the Justices for the finding out of all rogues wandring and idle persons and for the bringing of them before the said Justices at their said meetings to be punished and conveyed or being incorrigible to be sent to the gaol c. And if the chief or petty Constable shall not appear as aforesaid or shall not give an account upon oath in writing and under the hand of the Minister of every parish what rogues and vagabonds they have apprehended both in the same search as also between every such assembly and meeting and how many have been by them punished and otherwise sent unto the house of correction they shall forfeit such fines as by the said Justices shall be thought fit not exceeding 40. shillings St. 39. Elis cap. 4. And the Minister shall forfeit for every default five shillings Incorrigible rogues Incorrigible rogues are such as shall appear either to be dangerous to the inferiour sort of people or such as will not be reformed of their roguish kind of life The Constable is to execute the said punishment of whipping either himself Whipping of rogues or by some other by his appointment Maiors Sheriffs Bayliffs Unlawfull games Constables and other head-officers within every City Borough and Town within this Realm ought under pain of forty shillings for every default once every month at the least to make search as well within liberties as without in all places where any unlawfull games shall be suspected to be kept or used and may arrest and imprison as well the keepers of such places as the haunters of the same till they be found no more to keep or haunt such places And if any such officer as aforesaid shall find or know that any
shall carry the party before that Justice but if it be to bring one before himself or some other Justice c. then may such officer give liberty to the party to go to what Justice he liketh howbeit it is in the power of the officer to carry his prisoner to what Justice he pleaseth The officer ought to acquaint the cōplainant with the time when he carrieth the delinquent before the Justice and is in no wise to send his warrant but must be present himself neither need such officer dance attendance after his prisoner untill he can find out sureties but he may lawfully keep him untill he can get suretie The Constable upon a warrant for the peace or good behaviour or in any other case where the King is party may by force of such warrant break open a mans house to arrest the offender But note that the officer before he break open the house or doores must first signifie the cause of his coming and desire that the doors may be opened to him Every man that shall be required ought to assist the officer in the execution of his warrants and to pursue and arrest offēders against the peace A Constable hath a warrant to arrest J. C. and he arresteth W. C. who in deed he knoweth to be the offender and he against whom in very truth the complaint was made howsoever mistaken yet the arrest is tortious and the officer subject to an action of false imprisonment for the officer ought to pursue the very letter of his warrant A Constable c. hath a warrant to bring one before a Justice upon the complaint of another and the parties do after agree the matter betwixt themselves yet ought the Constable to bring the said parties before the Justice for c. An officer having served a warrant upon one to go before a Justice taketh his promise that he will come to him such a time to go before the Justice according to such warrant and so letteth the party go who faileth at the time appointed it seemeth the officer cannot after arrest or take him by virtue of that warrant for that this was done by the voluntary consent of the officer but if the party arrested had escaped of his own wrong without the consent of the officer the officer upon fresh suit may take him again and again so often as he escapeth although he were out of view or that he shall fly into another County If a warrant be directed to a Constable to arrest one that is indicted of felony such officer may justifie the killing of such a partie if it be so that he cannot otherwise possibly take him the like may be done with a felon that is sent to the gaol if he shall resist or fly If the party against whom any lawfull warrant is granted shall make resistance or shall make an assault upon the officer or shall fly the officer after arrest may justifie the beating or hurting of him and may also imprison him in the stocks for the same but if the party refuseth or flyeth before the arrest the officer cannot justifie the beating of him The Constable having arrested any to be conveyed to the gaol Conveying of person to the gaol or having a Mittimus from the Justice for that purpose must take heed he suffer not such party to escape either willingly or negligently for if the arrest were for felony then by a willing escape the officer himself becometh a felon also and of whatsoever other kind the offence be if the officer do by his will or otherwise suffer the party to escape he shall be fined for it according to the quality of the offence by the discretion of those that shall be Judges of it And least any officer may flatter himself in thinking he may escape with some easie fine let him know that the Judges of his fault may set his fine equall with the value of his goods if the qualitie of his default do so require The High Constables Constables attendance at the monethly meetings of the Justices petty Constables Church-wardens and other the Overseers for the poore of every Hundred Parish and Village shall attend the Justices at their monethly meetings and there inquiry shall be made and information taken by the Justices of the defaults of the said Officers in the execution of the Laws and Statutes of this realm c. and what persons have offended against any of the said laws and where neglect or default is found in any of the said officers in making their presentments condigne punishment to be inflicted upon them by the Justices according to Law Which informations may be reduced into these or the like Articles following Articles to be diligently inquired of and distinctly Articles particularly answered upon oath in writing by the chief Constables pettie Constables Churchwardens and Overseers for the poore at the said monthly meetings of the Justices IMprimis I Huy and cry Watch and vvard you shall diligently inquire and certifie whether huy and cry have been made and duly pursued according to the Statute for the apprehending of felons and robbers and whether watches by night and warding by day appointed in every town and village for apprehending of rogues and vagabonds and for safetie and good order be duly observed and kept and by whose default the same hath been neglected You shall inquire and certifie who have been remisse and negligent in apprehending of such rogues and vagabonds 2 Apprehension and punishing of rogues what Constables have been remisse in receiving punishing and conveying them and who by any wayes or means have hindred the execution of the Statutes for the punishing and conveying of them And what persons since our last assembly have harboured or relieved any of them and what vagabonds or rogues have you since pūished You shall inquire and certifie 3 Labourers and Servants whether the Statute of labourers for retaining of servants and ordering of wages betwixt the servant and the master be not deluded by private contracts before they come to the Statutes and what servants are put out of service or have put themselves out of service their terms being not expired where this hath happened and in whose default and what is become of such servant or apprentice and what unmarried persons of able bodies live out of service that have not means otherwise to maintain themselves or if they labour for their living who sets them on work and what persons live idlely or that will not work for reasonable wages or live to spend all that they have at the Ale-house You shall inquire certifie wat Taverns Ins Ale-houses 4 Innes and Alehouses or other victualling houses are within your precinct who keep the same and how long have they so kept them by what authoritie and which are licenced and by whom and which are not and whether those that are licenced be fit as wel in regard of thēselves as their dwelling and
whether they sell their beere and ale according to the assize that is to say lawful measures sealed and allowed and not lesse then a full ale-quart of the best beere or ale for a penny and of the small two full ale quarts for a penny what haunters of Taverns Innes and Ale-houses are there within your liberties and what are their names c. Which of those Innes entertain people to sit tipling and drinking as Ale-houses who have been drunk or have sitten tipling in any one of them since the last monthly meeting and in what Tavern Inne or Ale-house hath the same happened and which of them hath kept ill orders by maintaining of play receiving of Tinkers Pedlers vagabonds or other suspected persons You shall inquire and certifie whether your Bakers and Brewers do keep the assize according to the Statutes 5 Bakers and Brevvers Bakers after the now prises viz. Wheat being forty shillings the quarter the weight of the penny white loaf drawn from the fine cocket eight ounces foure penny weight the weight of the penny white loaf drawn from the course cocket twelve ounces three quarters the weight of the penny houshold loaf according to the course cocket sixteen ounces And whether every Baker hath his own proper mark set upon his bread and doth sell no more then thirteen penny loafs to the dozen Whether common brewers do serve their beer and ale to any ale-house keepers victuallers or tiplers but at such prices as by the Justices of the peace shall be set down and appointed according to the Statute And whether the same be well sodden and brewed and of wholesome grain and with wholesome hops whether they sell any beer or ale to any unlicenced alehousekeepers or tiplers Forestallers Ingrossers Regraters what forestallers ingrossers and regraters of corn or other dead victuall or fuell what tradesmen or other that sell any kind of commodities by false and unlawfull weights or measures False vveights and measures or things made in deceit what victuallers or others are there which sell their victuall at excessive prices or things unwholesome and whether your millers do take excessive toll for grinding Millers or by heaped measure or use other falsehood You shall inquire and certifie what Bridges 6 Highwayes Bridges c. Causies and Highwayes are in decay within your limits and through whose default the same hath happened and whether your wayes are so repaired that they be sufficient for winter You shall present the names of all such persons as do not duly resort to divine service and sermon every Sunday according to the statutes 7 Absence from Church and certifie whether the twelve pence forfeited for absence be required and received and duly imployed upon the poore and of whom it hath been levyed and of whom neglected Profane svvearers and what profane swearers or cursers are in your parish You shall inquire and certifie what stocks of money are provided in every parish for the setting the poore on work 8 Stocks of money to set the poore on vvork and whether the same be sufficient to set all such on work as are of able bodies and want means to set themselves on work and how and by what means are they set on work and what are the names of all those that are so set on work and what and how much work have each of them had or hath wrought since the last meeting and what or how much do you give them for their work by the day or otherwise and who have refused to work or working have spoiled impaired or abused the same and whether they be so provided for that they be not suffered to straggle and beg within their own parish or elsewhere and whether your weekly or monthly taxation for the impotent poore be sufficient in every parish to relieve them Relieving of the impotent and what be the names of all those that have contribution since the last meeting what summe or summes of money hath been given to each of them and what poore peoples children are fit to be bound out apprentices Apprentices and who are fit to take them and what apprentices have been formerly put forth and have not been received and in whose default the same is or being received have misused them or have not sealed their indentures You shall inquire and certisie what private gifts have been given in every parish for the relief of the poore or other charitable uses 9 Private gifts and whether is the same continued and imployed according to the will of the donour if not how long hath the same been discontinued or misimployed and by whom and whether such gifts be any occasion of lessening the rates of the parish The first six of these articles properly are to be answered unto by the Constables the three latter by the Churchwardens and Overseers for the poore The Constables of every town Constables rates and the greater part of the parishioners upon notice given may assemble and make rates and may tax every inhabitant by their lands or goods in some cases for all manner of town or countrey-charges and if the greater part of the parishioners will not meet then the Constable alone and so many of the parish as will meet may make such rates and if any shall refuse to pay the rates so made and allowed by the Justices of that Division under their hands the party refusing by the Justices shall be bound over to the next generall Sessions of the peace there to be ordered and is not to be presented for his default to the said Sessions by the officers before the said Justices of the peace have heard the parties allegations Hovv raised Constables rates in countrey towns and villages are usually raised by land yet where the Statutes in particular cases give no speciall direction it is good discretion to go according to the rule of taxations for the poore What estates and persons are liable to them All estates and conditions as well Spirituall as Temporall are by some thought to be lyable to these taxations but then they distinguish them in this manner 43. Elis cap. 3.14 Elis cap. 5.1 Jac. cap. 25. The Constables rate say they consisteth of sundry particulars that is to say of quarterly payments for the relief of lame souldiers marshalsies and prisoners of the gaol All Ecclesiasticall persons are included in the generall vvords of the statutes person or persons the conveying of cripples wandering people and the like all which are acts of charitie expences in martiall affairs musters training and levying of souldiers and such like to which all persons whatsoever are chargeable by the law or the State without exemption 9. Hen. 3 cap. 21. 3. Ed. 1. cap. 1. 9. Ed. 2. cap. 11. 14. Ed. 3 cap. 1. 18. Ed. 3 cap. 4. 1. Ric. 2. cap. 3. but if the Constables will insert into their rates as some usually have done
or in the hands of the poore to work and of all other things concerning their said office And such summe or summes of money as shall be in their hands they shall pay deliver over to the Churchwardens and Overseers newly nominated and appointed upon pain that every one of them absenting themselves without lawfull cause as aforesaid from such monethly meeting for the purpose aforesaid or being otherwise negligent in their office or in the execution of the orders aforesaid Forfeiture being made by and with the consent of the said Justices of peace or any two of them to forfeit for every such default of absence or negligence twenty shillings These officers at the end of their year shall yield an account unto the Justices 1. Of all summes of money by them recieved or rated and not received 2. Of all such stock of ware and stuff as they or any of the poore have in their hands to work and how oft they have returned the same 3. Whether they have assessed the inhabitants and occupiers of lands c. in their parish to wit all such as are of abilitie and with indifferencie 4. Whether they have endeavoured to levy and gather such assessements 5. Whether they have distributed the same with indifferency and without partiality 6. What poore they have set on work and in what manner and whom they have relieved by contribution 7. What apprentices they have put out according to the Statute and whether all those that have been put forth do remain and abide with their masters if not in whose default the same is 8. Whether they have suffered their poore to wander and beg either within their own parish or elsewhere 9. Whether they have monethly met together to consider of these things according to the Statute 10. Whether they have duly executed the precepts of the Justices and levied the severall forfeitures appointed by the Statute c. And if they be found remisse and negligent in any of the premises c. they shall forfeit twenty shillings for every default And if the Churchwardens and other the Overseers of the poore or any of them Refuse to account shall refuse to make and yield up a true and perfect account to the said Justices the said Justices may commit them to the common gaol untill they shall willingly do the same Or having accounted Refuse to pay shall refuse or neglect to pay the same the said Justices by their warrant may cause the same to be levyed upon their goods by distresse and sale thereof and in defect of such distresse may commit him or them to the common gaol there to remain without bail or mainprise untill payment be made of the said summe arrerages and stock c. Build houses and place inmates 43. Elis cap. 2. These officers or the greater part of them by leave of the Lord or Lords of the Mannor whereof any wast or common within their parish is or shall be parcell and upon agreement before with him or them made in writing under the hand and seal of the said Lord or Lords or otherwise according to an order to be set down by the Justices of the peace of the said County at their generall quarter-sessions by like leave and agreement of the said Lord or Lords in writing under his or their hands and seals may erect build and set up in fit and convenient places of habitation in such wast and common at the generall charge of the Parish or otherwise of the Hundred or County to be taxed rated and gathered as aforesaid convenient houses of dwelling for the said impotent poore and also to place Inmates or more families then one in one house or cottage which cottage and place for Inmates shall not at any time after be used or imployed to or for any other habitation but onely for the impotent and poore of the same parish that shall be placed from time to time by the Church-wardens and Overseers of the poore of the same parish or the most part of them upon the pains and forfeitures contained in the statute made in the one and thirtieth yeare of Queen Elisabeth CHurch wardens of parishes be taken in favour of the Church to be for some purposes a manner of corporation at the common Law Office of Church-wardens by the common law that is to say persons inabled by that name to take moveable goods or chattels of the Church and to sue and be sued at the law concerning such goods for the use and profit of their parish They may not wast the Church goods and therefore they cannot give away release or wast the goods of the Church but are liable to be removed to be brought to an account for the same for as touching any estate in lands They have not to do with lands or the profit of any lands Churchwardens have not to meddle at all insomuch that if the walls windows or doores of the Church be broken or the trees in the Church-yard be cut down or the grasse therof be eaten up then the Parson or Vicar and not the Church-wardens shall have the action for it because Churchwardens are not by law allowed to be a corporation for any other thing then for moveable goods onely Lastly some statutes there are that do concern them as namely of the 1. of Elis c. 2. Repair to the Church the 3. of K. Ja. c. 4. for absence from Church and the levying of the 12. pence forfeited by distresse and sale to the use of the poore of the parish Of the 2. High-vvayes and 3. of Phil. Mar. c. 8. and the 5. of Elis c. 13. for the chusing of Surveyers of the High-wayes on pain of twenty shillings See more hereof in the office of Surveyers Of the 5. of Elis c. 5. for eating flesh in lent Flesh in Lent and levying the third part of the forfeitures after conviction and to take notice of licence granted by the Minister to eat flesh Of the 43. Overseers for the poore of Elis c. 2. of being Overseers for the poore See the office of Overseers for the poore The 43. Money for prisoners and souldiers of Elis c. 3. for the raising and paying of money for the relief of lame souldiers and prisoners of the Marshalsies and gaol of the County and the penalty of twenty shillings for their default The 1. Jac. c. 9. c. Tipling in Alehouses c. of the forfeiture of forty shillings for omitting their duty in levying the penalties of Inne-keepers and Alehouse-keepers suffering tipling or other disorder 3. Car. cap. 3. or selling ale or beere under the assise c. or neglecting by twenty dayes to certifie the default of distresse in offenders against this Act. The 5. of Elis c. 4. Testimoni all of a servant touching the testimoniall of a servant Of the 35. of Elis c. 1. Refusers to come to Church of giving notice
upon pain to forfeit to the owner of the soil wherein such pit is made 5 marks to be recovered by action of debt 5. Elis cap. 13. Turn a water course It is lawfull for every such supervisor in the parish where he is supervisour to turn any water-course or spring of water being in any high-way and offensive to the same into any ditch of the severall ground or soil of any person next adjoyning to the said wayes in such māner as in the discretion of the said supervisours shall be thought meet The hayes 18. Elis cap. 10. fences ditches and hedges next adjoyning on either side to any high or common-faring way shall from time to time be diked scoured Ditches to be scoured and hedges and Trees kept low repaired and kept low 18. Elis cap. 10. and all trees and bushes growing in the high-wayes cut down by the owner of the ground or soil which shall be inclosed with the said hayes fences ditches or hedges whereby the said wayes may be open and the people have more ready and easie passage in the same upon pain to forfeit for every default ten shillings High-wayes inlarged 13. Ed. cap. 1. And by the Statute of Winchester it was inacted that the high-wayes leading from one market town to another be inlarged whereas bushes woods or ditches be so that there be neither ditch nor bush whereby a man may lurk to do hurt within two hundred foot on each side of the high-way If by default of the Lord that will not avoid the ditch underwood or bushes in the manner aforesaid any robbery be done therein the Lord shall be answerable for the felony and if murder be done the Lord shall make a fine at the Kings pleasure If the Lord be not able to fell the underwoods the Countie shall aid him therein 15. Elis cap. 10. Ditching and scouring Every person that shall occupy any lands adjoyning to any such high-way or common faring-way where any ditching or scouring should or ought to be as aforesaid shall from time to time as need shall require ditch and scoure his ground so adjoyning whereby the water conveyed from the said high-wayes and over the ground next adjoyning may have passage over the said ground so next adjoyning to that ground upon pain of forfeiture for every time so offending for every rod not so ditched and scoured twelve pence No soil to be cast in the high-wayes No person having any ground by lease or otherwise adjoyning to any high-way leading to any market town shall cast or scour any ditch and lay the soil thereof in the high-way and suffer it to lie by the space of six moneths to the annoyance of the said high-way upon pain to forfeit for every load of soil so cast into the high-way twelve pence And where any soil hath been cast into the high-way that there is a bank between the said high-way and the ditch the surveyers and workmen may make sluces or other devices 18. Elis cap. 10. by their discretions to convey the water out of the said way into the ditch 5. Elis cap. 13. Supervisours to present Every surveyer as aforesaid for the time being within one moneth next any default or offence committed or done by any person contrary to the provision and true meaning of the Statutes 2. 3. Ph. Mar. 5. Elis shall present every such default or offence to the next Justice of peace upon pain to forfeit for every such offence in such sort not by them presented fourtie shillings 5. Elis cap. 13. Justices to certifie And every Justice of peace not certifying such default presented unto him at the next generall Sessions c. shall forfeit five pound And every Justice of peace upon his own proper knowledge in the open generall Sessions Justices may present may make presentment of any high-way not well and sufficiently repaired or of any other default or offence committed or done as aforesaid contrary to the intent of the Statute Who may heare and determine 2. 3. Ph. Mar. cap. 8. And the Justices of every Countie where the said defaults or offences shall be committed have authoritie to inquire thereof within the limits of their commission at every their said quarter Sessions 5. Elis cap. 13. and to assesse such fines for the same as they or two of them whereof one to be of the quorum shall think meet Justices of Assise Justices of Assise Justices of peace 18. Elis cap. 10. and of oyer and terminer Justices of peace in their Sessions and Stewards of Leets and Law-dayes in their Leets and Law-dayes shall heare and determine all offences concerning this Statute Stewards of Leets c. Steward of Leets and in their default the Justices of peace of every place and countie in their quarter Sessions may enquire against every point and article of this Statute and may assesse such reasonable fines and amercements for the same as shall be by them thought meet And the said Steward or Clerk of the peace respectively shall make estreats indented of all the fines and forfeitures c. Estreats of the fines and shall deliver one part thereof sealed and signed to the Bayliff or High-constable of the hundred c. within six weeks after Michael masse 18. Elis cap. 10.5 Elis c. 13. whereby they or the Surveyers of the high-wayes they being directed to them may levie the same by distresse and sale c. If no sufficient distresse can be found or if the said offender shall obstinately refuse to pay the said amercement Refusing to pay 2. 3. Phil Mar. cap. 8. 5. Elis cap. 13. or do not pay the same within twentie dayes after a lawfull demand thereof by the said officers then that person to forfeit double the summe that he should before have paid Every Bailiff Account and pay head-Constable c. shall once every yeare betwixt the first of March and the last of April make a true account and payment of all such summes of money to the Constables and Churchwardens of every parish wherein the offence was committed or to two of them as is collected upon the said estreats upon pain to forfeit for every offence forty shillings The Churchwardens c. may call the Bailiffs High-Constables to account before the Justices of peace or two of them who shall take the said account and may commit them to prison without bail untill they pay all such arrerages as shall be adjudged by the said Justices The said Bailiffs and High-constables upon their accounts shall be allowed for every pound they shall collect and pay eight pence for their own pains The successours of every Churchwarden shall have the like remedy against their successours as is before appointed against the Bailiffs c. All fines 5. Elis cap. 13. amercements and forfeitures Fines and forfeitures how they
carve of land or a plow-land may contain house meadows pasture wood but so much as a plow by course of husbandry can plow in a yeare which is much more in some Countreys then in other which occasioneth many contentions and much prejudice to the service in the repair of the high-wayes by reason that since this statute most men strive to get much more land into their hands then in former times Co. Lit. fol. 69. and do mannage with one plow almost double that quantity of land they then held and many plow lands are so broken and divided that they are lost and yield no help to the maintenance of these wayes besides the dayly ingrossing of farms which decayeth the strength of the kingdome both in men and horse diminisheth the Kings subsidies the increase of corn and grain hindereth hospitality and the setting of poore men on work oppresseth others by the often revolution of offices and lastly the visible decay of the High-wayes in all places occasioned by the lessening the number of draughts and teams there being now scarce three parts of foure which were in former times and therefore it were to be wished that a certain proportionable quantity of land might by agreement be assigned in every town according to the temper and disposition of the soil what number of acres should be accounted a Plow-land by which means many questions and controversies dayly arising may be appeased the number of plow-lands in every Town encreased and consequently the high-waies in all places bettered and amended 12. Who are charged He that occupieth a plow-land in pasture c. and keepeth no cart or team and he that keepeth a team or cart and hath no land in occupation are both of them charged by the Statute to provide one wain or cart furnished c. and two able men with tools and instruments 13. Carriages Persons Instruments These supervisours are not onely to have respect to the number of the carriages and persons but to the quality and condition of them and that they be sufficient and meet for the service for now he that hath foure or five horses and maketh of them for his own occasions but one teem or draught for the service of the high-wayes divideth them into two whereby this service is weakly performed but it is the duty of these officers to see that the King and the Countrey be no worse served then themselves and he that for his own private affairs doth usually or for the most part of the year make two draughts shall also for the King and his Countreys service be charged with 2. carts or draughts though he occupie his land sometime with one plow So are they to have regard to the persons that are to work both where when what and how they shall work and where and how they shall load and bestow their materials and if any shall do otherwise then they shall be appointed by these officers they are liable to be presented by them Hired servant Where it saith that no hired servant by the yeare shall be charged to this service it is not intended that retainers to Noble men gentlemen parish clerks common townservants as Shepherds Heardmen Haywards and the like that are inhabitants and of able bodies should hereby be discharged 15. Sufficient labourer By this word Sufficient-labourer is meant men of able bodies c. not of women and children which are usually imployed in this service 16. Lastly Presentment whereas it is thought that if the Surveyers shall not present the defaults of the parishioners till after the moneth though the Justices do certifie it at the next Sessions it is not good against the offender yet if the Justice shall present the said default by his own authority the delinquent shall not escape unpunished by the penalty of the Surveyer Surveyer refuse And if any chosen to be Surveyers shall refuse or do not take upon him the execution of the said office every Justice of peace may present it but yet it is fit that another be chosen in his stead FINIS
persons who are to make the rates 2. The circumstances observable in the making of them 3. The persons and estates that are chargeable to them First the persons that are to make them are the Churchwardens and other the Overseers of the poore or the greater part of them with the consent of the Justices c. particularly appointed and assigned by the said statute to raise rates for the purpose aforesaid and doubtlesse warrantably may do the same without the assistance and allowance of the other parishioners yet for the avoiding of all exception these officers shall do well to give publick notice to all or so many of the said parishioners as will assemble to be present at the making of them 2. The circumstances to be observed in the making of rates these rules may be considered First that they be competent and proportionable competent in regard of the ability of the parish and of the occasion for which they are raised proportionable in regard of the persons and estates that are to contribute unto them Experience hath found it the best surest and most quiet way of rating of land by the quantity or content of acres and not by the yearly rent value or quality thereof to wit arable to be rated with arable pasture with pasture meadow with meadow in the same town having respect to the quality of the two last in rating them double with the arable or more or lesse according to the condition thereof Dwelling-houses are not to be rated which serve onely to sleep in and in Countrey towns and villages yield little or no rent at all but serve onely for helps and adjument for the better maintenance and disposing of lands belonging to them He that occupieth in his own hands lands lying in severall parishes is chargeable in every parish proportionably for his land there The farmer shall be rated for the land he occupieth and not the leasour or landlord A man shall not be rated for his farm-rents for that the farmer or occupier of the land is charged for the same land whether the rate be made by land or stock By goods in most cases a man may be rated as well as by land but seldome by both unlesse for the poore N. Resol 18. for which the land is to be taxed in the first place equally and indifferently with an addition for the visible ability of the party according to good discretion but the common custome is that he that hath both lands and goods is charged onely by the best of them In the same rate one man may be rated by his land and another by his goods Where a man is taxed by his goods it seemeth reasonable that such goods be rated after the valuation of lands to be purchased sc one hundred pounds in stock or goods after five or six pound a year in lands Where a man is charged by goods they must be such as the party charged is certainly known to have within that town at the time of the rate-making The third and last thing observable in the making of rates are the persons and estates that are liable unto them All manner of persons as well spirituall as temporall All perso and estate liable to these rates 43. Elis cap. 2. of what estate quality condition or degree they be of are hereby chargeable unlesse these officers as in good discretion they ought spare the poore labourer cottager and hired that have no considerable personall estate All estates lands and possessions whatsoever seem chargeable to these rates which yield a clear and certain profit †N. Resol 14. as well the not guildable as the guildable yea although the same be not annuall as †Old Resol 19. under-woods c. sheep-walks mills dove-houses c. are in like manner chargeable but herein consideration is to be had of the casualties charges and disprofits issuing out of them Parsonages or tithes are charged by the statute to contribute to these rates Parsonages hovv chargeable and where they have the full tenth of the annuall profits arising out of the parish there to pay the tenth and so proportionably as they receive profit in that respect paying also for their glebe-land ratably by the acre as other men pay for theirs If a parishioner Bringers in of forreiners c. shall bring into the parish without the consent of the parish a stranger of another parish which is or apparantly is like to be burdensome to the parish such person may be taxed to the charge of the rates for the poore there not onely having respect to his ability or land he occupieth but according to the damage or danger he bringeth to the parish by his folly Secondly in the levying of rates these things may be observed Levying of rates 1. Distr Saac 51. H. 3 28. Ed. 1. c. 12. What goods properly by the law are to be distrained 2. Where and how long a distresse may be kept and detained 3. How and in what manner the same shall be apprised and sold No man shall be distrained by his beasts which till his land nor by his sheep What goods are distrainable neither a Tradesman by his tools wherewith he getteth his living c. so long as any other sufficient distresse may be had except it be impounding of beasts which a man finds damage fesant according to the custome of the Realm Distresse shall be reasonable 51. H. 3. cap. 1 4.52 H. 3. c. 1.2 3.28 Ed. 1. c. 12. Distresses shall be reasonable according to the quantity of the debt or damage and not grievous and he that taketh unreasonable and excessive distresses shall be amerced No distresse shall be driven out of the County where it was taken Where distresse shall be impounded 51. Hen. 3. c. 52. Hen. 3. cap. 4.3 Ed. 1. cap. 16.9 Ed. 2. cap. 9. nor out of the hundred rape wapentake or lath except it be to a pound overt within the same shire being not above three miles distant from the place where it was taken 1. 2. Phil. Mar. cap. 12. none shall impound in severall places goods distreined for any cause at one time nor shall take above foure pence for the impounding of any one whole distresse nor shall distrein out of their fee or in the Kings high-way or common street but the Kings officers onely having speciall authority so to do nor in the fees of the Church nor shall take wrongfull distresse or without authority Distr Scac. 52. H. 3. The owner without disturbance or paying any thing therefore may give his beasts meat of his own while they remain in a pound overt If a distresse be taken of any houshold-stuff or the like that may take hurt in a pound overt these officers may keep and detain the same in their own hands till satisfaction made By the ancient law Distr Scac. 52 H. 3. How long distresse may be kept no cattel nor
to forbear to receive or keep any obstinately refusing to come to Church Of the 3. of King Ja. c. 4. Popish Rocusants of presenting the monethly absence from Church of Popish Recusants their penalty and reward The 23. Destruction of game Elis c. 10. and 1. Jac. c. 17. of levying the forfeitures to the use of the poore for destroying of the game of Phesants Partridge Prisoners c. The 3. of K. Jam. c. 10. of raising money for conveying prisoners to the gaol The Office and Duty of Surveyers for the amending of High-wayes Surveyers shall be chosen 2. 3. Phil. Mar. cap. 8.5 Elis cap. 13.29 Elis cap. 5. THe Constables and Churchwardens of every parish shall yearly upon the Tuesday or Wednesday in Easter week call together a number of the parishioners and then shall chuse two honest persons of the parish to be Surveyers for one year of the works for the amendment of the high-wayes in their parish leading to any market town and shall then also name and appoint six dayes for the amending of the said wayes before the feast of Saint John Baptist then next following and shall openly in the Church the next Sunday after Easter give knowledge of the same six dayes Six dayes shall be appointed and upon the said dayes the parishioners shall endeavour themselves to the amendment of the said wayes upon pain of such reasonable fines and amercements as shall be thought meet by the Steward of the Leet Penalty for omitting it or in his default by the Justices at their quarter Sessions They shall take upon them the execution of their said office upon pain of every of them making default to forfeit twenty shillings Forfeiture for not executing Their office And the said persons so named have authority hereby to order and direct the persons and carriages that shall be appointed for these works by their discretion Every person for every plow-land in tillage or pasture that he or she shall occupy in the same parish Parishioners hovv charged and every other person keeping there a draught or plow shall find and send at every day and place to be appointed for the amending of the wayes in that parish one wain or cart furnished after the custome of the Countrey with oxen horses or other cattel and all other necessaries meet to carry things convenient for that purpose and also two able men with the same upon pain of every draught making default ten shillings And every other householder cottager or labourer of that parish having no plow or draught able to labour and being no hired servant by the yeare shall by themselves or one sufficient labourer for every of them upon every of the said six dayes work and travel in the amendment of the said High-wayes upon pain of every person making default to forfeit for every day twelve pence Charge of persons taxed in the subsidy at five pound in goods 18. Elis cap. 10. Every person except such as dwell in the City of London that shall be assessed to the payment of any subsidie to his Majesty to five pound goods or fourty shillings in lands or above during the time he shall stand so assessed and not altered and being none of the parties chargeable for the amendment of high-wayes by any former law but as a cottager shall find two able men yearly to labour in the high-wayes at such dayes and time as by the severall statutes are appointed A plow-land in severall Parishes Every person that shall occupie a plow-land in tillage or pasture lying in severall parishes shall be chargeable to the making and mending of the High-wayes within the parish onely where he dwelleth Severall plow-lands in severall Parishes And every person occupying severall plow-lands in severall parishes shall be charged to find one cart c. furnished in each town or parish where the said plow-land doth lye 2. 3. Phil. Mar. cap. 8.18 Elis cap. 10. Instruments to work Every person carriage abovesaid shall have and bring with thē such shovels spades picks mattocks and other tools and instruments as are fit and necessarie for the said work and shall perform do and keep their work as they shall be appointed by the said supervisours What houres they shall vvork or one of them 29. Elis cap. 5. eight houres of every of the said six dayes unlesse they shall be otherwise licenced by the said supervisours or by one of them Tvvo able men in stead of carriages If the carriages of the parish or any of them shall not be thought needfull by the supervisours to be occupied upon any of the said dayes then every person that should have sent any such carriage shall send to the said work for every carriage so spared two able men to labour for that day upon pain to loose for every man not so sent twelve pence Every supervisour c. for the amendment of the said high-wayes according to the Statute within the parish where he is supervisour may 5. Elis cap. 13. take and carry away so much of the rubbish or smallest broken stones of any quarry lying within the parish Rubbish in quarries where they shall be supervisours without licence or impeachment of the owner as by their discretion shall be deemed necessary for the amendment of the said wayes And for default of such quarry or rubbish every such supervisour for the use aforesaid in the severall grounds of any person within the parish and limits where they shall be supervisours nigh adjoyning to the high-way to be repaired and wherein gravel sand or cinder is likely to be found may dig or cause to be digged for gravel Dig gravel sand or cinders Gather stones sand or cinder and likewise to gather stones lying in any ground or lands within the parish and meet to be used to such purpose and to take and carry away so much thereof as by the discretion of the supervisours shall be thought necessary to be imployed in the amendment of the said wayes Not dig in quarries c. But it is not lawfull for them to cause any rubbish to be digged out of any quarry but onely shall extend to such rubbish as shall be found there ready digged c. 5. Elis cap. 13. nor to dig or cause to be digged any gravel sand or cinder in the house garden orchard or meddow of any person May dig in severall grounds nor above one only pit to be digged for gravel in any severall and inclosed ground and the same not to be in breadth or length above ten yards over at the most And the supervisors Fill up the pit which shall cause such pit to be digged for gravel sand or cinder shall within one moneth next after such digging or pit made cause the same to be filled and stopt up with earth at the cost and charges of the parishioners