THE Duty and Office OF HIGH-CONSTABLES OF HUNDREDS Petty-Constables Tythingmen and such inferiour Ministers of the Peace WITH The several Duties and Offices of Churchwardens Overseers and Collectors for the Poor of Surveyors for amending the Highwayes and Distributors of the provision for the Destruction of noysom Fowl and Vermin First collected by William Lambard in the reign of Queen Elizabeth AND Now Enlarged with many useful Additions according to the succeeding Statutes By R. TURNER Gent. LONDON Printed by Ioh. Streater Hen. Twyford and Eliz. Flesher the Assigns of R. Atkins and E. Atkins Esquires 1671. Cum gratia privilegio Regiae Majestatis To the READERS THe foundation of this little Structure was first laid by Mr. Lambard a long while since in the Year 1579. and first made publick in 1581. and afterwards revised and the second Edition published in the year 1587. but in so long time since the succeeding Age growing worse and worse ut Crescit in orbe dolus our Law-makers have been forced to make Additional Laws for prevention of Offences and punishment of Offendors so that the Duties of these inferiour Officers of the Peace have still increased as several Statutes dayly enacted do impose new Duties upon them So that I have revised this Treatise with such necessary additions and enlargements as any ways may concern the Offices of Constables Headboroughs c. Churchwardens Overseers of the Poor Surveyors of Highwayes and Bridges or as they are enjoyn'd by any Laws since Mr. Lambard to observe perform in their several offices and indeed this small Tract will be as useful to every person whether Officer or not Officer as a pocket-Almanack to him that is in office it is a Pilot to steer him in his right course whereby he may avoid those Rocks and Sands of Over-doing or Vnder-doing some through neglect in not performing their duties are culpable by the superiour Magistrate and others either ignorantly or wilfully running beyond their Authority are dashed against the Rock of the Law Those that are in likelyhood to bear any of these Offices may by studying this Book be perfectly instructed in the performance of their Duty when they come to it And such as are not likely to serve any Office may herein learn to escape punishment by fearing to offend I have set down the High-Constables Oath at large which partly comprehends the whole duty of his Office and such Articles as he is to present to the Justices of peace at their Sessions and monthly Meetings in their Divisions and likewise that Statute which institutes the office of the Distributors of the provision for the Destruction of noysom Fowl and Vermin that is what Reward shall be given to those that destroy them which some vulgarly and erroneously talk of others have affirmed there is no such Law but they will hereby be convinced of the truth and instructed in the substance So that I hope this will prove to your acceptance which is the desire of R. T. THE TABLE CHAP. I. THE original Office and Jurisdiction of High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen Pag. 1. Chap. idem The form of the High-Constables Oath Pag. 5. Idem The Oath of a Petty-Constable or Tythingman Pag. 8. CHAP. II. The duty of Constables and Headboroughs c. in executing Warrants directed to them from the Justices of Peace Pag. 14. CHAP. III. Articles which the High-Constables are to return to the Justices at their Sessions or monethly Meetings c. Pag. 19. CHAP. IV. The duty of Constables c. touching Watching Warding Vagabonds Hue and Cry carrying Prisoners to the Gaol Servants and Labourers Pag. 22. CHAP. V. The form of a Testimonial for conveying a Rogue or Vagabond Pag. 26. Idem A Testimonial for a Servant Pag. 38. CHAP. VI. The duty of Constables about Affrayes Riots Routs Armes Militia Escapes Forcible Entries the Peace Hedge-breakers Setting-dogs Pag. 40. CHAP. VII The Constables office touching Clothiers Maultsters Alehouses Drunkenness Weights and Measures Purveyances Highwayes Pag. 56. CHAP. VIII The Constables office about forein Bonelaces c. Chimney-money Customes Excise Fish Pag. 71. CHAP. IX Concerning disturbing of Ministers Swearing Recusants Conventicles Pag. 77. CHAP. X. The Churchwardens office Pag. 86. Idem The Subscription of the Vestry-men Pag. 91. Idem The form of the Articles given to the Churchwardens to make their Presentments upon Pag. 101. CHAP. XI The office of the Overseers of the Poor Pag. 110. Idem The form of an Indenture for a poor Child put out by the Parish Pag. 117. CHAP. XII The office of the Surveyors of the Highwayes and Bridges Pag. 122. Idem Statutes for repairing particular Highwayes Pag. 134. Idem Statutes for particular Bridges Pag. 135. CHAP. XIII The office of the Distributors of the provision for the Destruction of noysom Fowl and Vermin Pag. 141. THE DUTY OF CONSTABLES c. CHAP. I. Of the Original Office and Jurisdiction of High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen THE Saxon Christian King Alfred King of England for the more peaceable Government and ease of his Subjects divided this whole Realm of England first into Shires then caused those Shires to be subdivided into Hundreds Rapes Ridings Wapentakes and divided these also into Tythings Leets or Boroughs and in all these Divisions were appointed Officers for the better preservation of the Peace such are High-Constables Petty-Constables Headboroughs Borsholders and Tythingmen the office of all these latter is one and the same only different in Title according to the custome of the Countrey in Middlesex besides the High-Constables of the Hundreds they have Petty-Constables and Headboroughs in the respective Parishes and they are in number more or less according to the greatness or smalness of the Parish in Kent these petty Officers of the Parishes are called Borsholders but in Hampshire and all the Western parts Tythingmen and their divisions of Parishes Tythings in Sussex the Hundreds are called Rapes and in the North Ridings and Wapentakes There was antiently in England a great Officer called the High Constable of England and he kept an Office which is supposed to come hither with William the Conqueror out of Normandy or Court called the Constables Court or the Court of the High-Constable wherein he had authority to hear and determine Contracts touching deeds of Armes out of the Realm and to determine all things concerning War within the Realm as Combats Blazon Armory c. but not to deal with Battel in appeals that belonging to the Common Law of the Land Amongst the rest of the Conquerours Laws this is one That if a French-man do appeal an English-man of Perjury or Murder the French-man may defend himself by Battail which in English was then called Earnest which word we yet retain and the Officer to see this performed was the High-Constable but this Officer Court and practice is long since dissolved The Etymologie of this word Constable proceeds from the old word Conning or Cyng and Staple or
be equal with the Constable in all such things their office is all one in a manner and divers Statutes do appoint Offendors to be punished by the Constable or other inferior officers which much needs be the Tythingmen c. 12 H. 7. f. 8. The High-Constables of Hundreds are Conservators of the Peace within their several Hundreds and Franchises at the Common Law Brook Peace 13. Fitz. 127. All petty Constables by virtue of their office within their several Liberties of their several Towns are Conservators of the Peace at the Common Law Crompton 6.222 12 H. 7. f. 18. These Petty-Constables may do what they can to keep the Peace and Ex Officio they may cause such as in their presence are about to make an Affray to find Sureties to keep the peace and that as well before the affray as after 3 H. 4.9 10. If a man Assault another in the Constables presence or in his presence shall threaten to kill or beat another or shall be ready to break the peace the Constables or Tythingmen may in such cases commit the offendors to the Stocks or other safe custody and after carry them before a Justice of the peace or to Gaol until they find security for the Peace which Surety the Constables themselves may take to the use of the King Term Trin. 35 El. r. 1458. Karret versus Haumer The Plaintiff brought an Action of False imprisonment against the Defendant for arresting and imprisoning him c. the Defendant pleaded that he was High-Constable of the Hundred of c. in the Couuty of S. and that the Plaintiff made an assault in the said Hundred upon one H. W. who presently came to the Defendant and told him thereof and swore he was in fear of his life of the other whereupon the Defendant came to the Plaintiff and arrested and imprisoned him until he had found sufficient security for the peace to this the Plaintiff demurred and it was adjudged that the Defendants plea was insufficient 1. because he was not present at the Assault and Affray made 2. for that he was High-Constable of the Hundred and not Constable of the Town Anderson Chief Justice held in this case that Constables were conservators of the peace at the Common Law and still are so and that they ought to preserve the peace as much as in them lyeth but that was by parting them who he should see breaking of the peace and carrying them before a Justice to find sureties to keep the peace but not to take sureties himself and if the Constable could take sureties what surety should it be for he being no Officer of Record cannot take Recognizance nor Bayl. But Walmesley Owen and Beaumont three other Judges held that a Constable might take Sureties by an obligation according to the Book of 10 Edw. 4. and that the peace was so preserved by the Constables before Justices of peace were and that the Statute which ordained Justices did not take away the authority of the Constables Bacon Use of the Law 5 6. In antient time High-Constables of Hundreds and Petty-Constables in every Town were yearly appointed by the Sheriff in his Turn and were there sworn Direct Judges 29. Constables lawfully chosen if they shall refuse to be sworn the Justices of the peace may bind them over to the Assizes or Sessions of the Peace and for such his contempt he is there to be Indicted fined and imprisoned Coke 8.43 Every person that is chosen to be a Constable ought to be idoneus homo a man apt and fit for the Execution of the said Office And to be idoneus homo the Law requireth in him three qualifications viz. 1. Honesty to Execute his Office truly without malice affection or partiality 2. Knowledge to understand his Duty what he ought to do 3. Ability as well in Estate as in Body that so he may attend and execute his Office diligently and not neglect the same through want or impotency For such as are chosen out of the meaner sort are either ignorant what to do or stand in awe of the greater so that they dare not do what they ought or else are not able to spare time Therefore they ought to be chosen out of the better sort of Parishioners and not either by the House or other Custome If a man be chosen Constable not able and qualified as aforesaid he may be discharged of his said Office by Law and another fit man appointed in his place Co. 8.42 If Leets choose unable or unfit Petty-Constables it is cause of forfeiture of the Leet and such choice is void 14 Car. 2. cap. 12. Two Justices of the peace may appoint and swear new Constables Headboroughs c. in case of death or removal of such Officers out of the parish And if in default of holding Court-Leets they continue above the year they may be discharged at the Sessions and others put in Idem Stat. Constables Headboroughs and Tythingmen which are out of purse for their charges they may with the Churchwardens and Overseers of the poor and other officers of the Parish make Rates upon all occupiers of Lands and inhabitants and all others chargeable to the Poor by the Stat. 42 El. which being confirmed under the Hands and Seals of two Justices of the peace may by their Warrants be levied by distress and sale of the Goods of such as refuse to pay the same CHAP. II. The duty of Constables and Headberoughs c. in Executing of Warrants directed to them from the Justices of the peace c. THe Constable or other sworn Officer to whom any Warrant shall be directed and delivered ought with all speed and secrecy to seek and find out the party and then to Execute his said Warrant Br. Faux impris 23. A known sworn Officer be he Sheriff Undersheriff Bayliff or Constable c. needs not to shew his Warrant to a man when he comes to serve it upon him though he demandeth it but if the Justice will direct his Warrant to his servant or to another who is no sworn Officer to serve it they must shew their Warrant to the party if he demand it or otherwise the party may make resistance and needs not to obey it Co. 6.54 9.68 A sworn and known Officer if he will not shew his Warrant yet he ought to declare to the party the Contents thereof upon serving it Co. 9.69 An Officer giveth sufficient notice what he is when he saith to the party I Arrest you in the Kings name c. and in such case the party at his peril ought to obey him though he knoweth him not to be an Officer and if he have no lawful Warrant the party grieved may have his Action of False imprisonment against him Dyer 244. Stat. 43. El. cap. 6. If a Constable or other officer do Arrest a man for the Peace or the like before he hath any Warrant and then afterwards doth procure a Warrant or a Warrant cometh after to him
18 Eliz. ch 10. For the Kings Ferry in Kent Statutes for particular Bridges Stat. 18 H. 6. chap. 28. For making of Burford and Culhamford Bridge Stat. 18 Eliz. ch 17. 27 H. 7. ch 25. For the maintenance of Rochester Bridge Stat. 18 Eliz. ch 20. For the repair of the Bridges within a mile of Oxford Stat. 23 Eliz. chap. 11. For the maintenance of the Bridges over Toffe in Wales Stat. 39 Eliz. chap. 23. For making and repairing of Newport and Carleon Bridges over the River Usek Stat. 39 Eliz. ch 24. For building and maintenance of a Bridge at Wilton upon Wye near Ross in Herefordshire Stat. 3. Jac. chap. 23. For making and repairing Chepstow Bridge Stat. 14 Car. 2. ch 6. For building and repairing Laycock and Rey Bridges in Wiltshire and Stratford Bridge in Middlesex By the same Act it is provided That all Bridges shall have sufficient Walls or Posts and Rails on each side thereof four Foot high at the least adn that the same be from time to time sufficiently kept and repaired Pasch 10 E. 3.28 29. Coke 2 Part of the Institutes fol. 701. Bridges are to be repaired by the whole County by common Right if it be not known who ought to do the same otherwise Rolls Cases 1. part f. 368. If a man erect a Mill for his own particular profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own profit Coke 2. part Instit so 700. If man which holdeth an 100 Acres of Land ought to repair a Bridge by tenure of the same do alien 20 Acres thereof to one man and 10. Acres to another man in such case every owner or occupier of such Lands must be charged proportionably for their said Lands 22 H. 8. chap. 5. Coke 2. part Instit fo 702 Dalt J.P. chap. 13. fo 41. If any Bridge be wholly in a City or other Town-Corporate the inhabitants of the same City or Town Corporate must repair it And where such Bridge lyes out of such City or Corporate-Town the same must be made by the inhabitants of the Shire or Riding within which the same Shire shall be And if part of a Bridge be in one Shire or Riding City or Corporate-Town and one part in another then every of them shall be charged to make and repair such part as shall lye and be within their own limits Crompt 186. b. 43. Ass Dalt J. P. ch 13. fo 42. Such as are chargeable to repair a Bridge may enter upon any other mans land or soyl adjoyning and lay their Stone Lime Timber or other things necessary there for the repairing and amending thereof and the owner of the Lands shall have no Action therefore for it is for the common profit And the party that is chargeable to repair a Bridge must also maintain the way at each end thereof although the soyl be to another and if the ends be broken by the Water-course he must follow the Water-course and mend the way Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 4. Where a common Bridge in the Kings HIghway is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof four Justices of the peace one of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town-corporate then four such Justices of peace there may within the limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town-corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other inhabitants and with their assents may tax every inhabitant in any such City Town or Parish within their limits to such reasonable summ of Money as by their discretions they shall think convenient as well for the repairing of such Bridge as also for the making and repairing of the Highwayes by the space of 300. Foot next adjoyning to the ends of any such Bridge Coke 2. part Instit fo 704. This Taxation ought not to be made by the Justices without the consent of the Constables or inhabitants nor by them without the Justices and this Tax ought to be upon every inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or few might be distrained upon the whole Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 40. Coke 2. part Instit fol. 701 702. Where a Franchise City or Borough is a County of it self and hath not four or more Justices of the peace whereof one or more are of the Quorum in this case no other Justices of the peace of any Shire or County have any power to meddle there by this Act but such decay must be amended by the Common Law by such remedies as they were antiently before the Statute of 22 H. 8. supra Coke 2. part Instit fo 704. Dalt J. P. ch 18. fo 40. The Justices of peace after the Taxation is made shall cause the names and summs of every particular person so Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Coke part idem fo 705. Dalt J.P. ch fol. idem 22 H. 8. ch 5. The Justices may make two Collectors of every Hundred to gather the Money so taxed which said Collectors having received one part of the Roll thereof indented have power to gather all the Money therein mentioned and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Stat. 22 H. 8. ch idem Dalt ch fo ead The Justices are likewise to appoint two Surveyors who from time to time as often as need shall require shall see such decayed Bridges and Wayes repaired and amended to whose hands the Collectors must pay the money by them received Stat. idem Dalt idem The Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of peace of the Receipts Payments and Expences of the said summs of Money and if any of them refuse so to do then the said Justices of peace from time to time at their discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their hands and seals returnable at their general Sessions of the Peace and the said Justices may allow such reasonable Costs and charges to the said Surveyors and Collectors upon their account as to them shall seem
now grown in a manner quite obsolete so seldom used that it 's scarce known although the penalty in the same be strict and severe yet it is of good use and so are a great many penal Statutes more very beneficial to the Commonwealth if they were duly put in Execution especially those enacted to punish the daily offences of Brewers Bakers Alehouses all such as use Weights or Measures Millers Forestallers Ingrossers Regrators cum multis aliis c. these are the Caterpillars of the Kingdom CHAP. V. The duty of Constables c. about Affrayes Riots Routs Armes Militia Escapes Forcible entries the Peace Hedge breakers Setting-dogs 1. AFfrayes Riots Routs 3 H. 4.9 10. Bacon's Use of the Law fol. 5. Dalton J. P. ch 1. fol. 4 5. If one makes an Affray or Assault upon another in a Constables presence or in his presence shall threaten to kill beat or hurt another or shall be in a fury ready to break the peace In these cases the Constable may commit the offendors to the stocks or to some other safe custody for the present until such time as he can carry them before some Justice of the peace or to the Gaol until they find Sureties for the peace The Constable may take security for the peace by Obligation to be sealed and delivered to the Kings use which Bond the Constable was to send to the Exchequer or Chancery from whence the process should issue to levy the debt to the Kings use if the peace were broken This was the opinion of three of the Judges of the Common Pleas in Skirret's Case Trin. 35 Eliz. com ban Rot. 1458. But Anderson Chief Justice said That the Constable ought to carry the party that he should see breaking of the peace before a Justice to find sureties for the peace which is the usual practice at this day Dalt J. P. ch 8. fol. 33. The Constable where he seeth an affray made or such as are about to make an affray ought to command the Affrayers in the Kings name to surcease and depart on pain of Imprisonment and if a Constable being present at an affray doth not his best endeavour to part them it being presented by the Jury at the Sessions of the Peace such Constable may be fined for it 3 H. 7.1 3 H. 7.20 Lambert 136. 38 E. 3.8 Dalt J. P. ch 8. fol. 33. If any one be dangerously hurt in an Affray the Constable or any other may stay the offendor and carry him to a Justice of peace who is either to bayl him till the next Gaol-delivery or to commit him to the Gaol until it be known whether the party will live or dye thereof Lambert 135. 1 H. 7.7 3 H. 7.10 If Affrayers will not depart but do draw weapons or give any blow the Constable may command assistance of others to cease the Affray and if they make resistance may justifie the beating and wounding of them and if the Constable or any of his assistants be killed it is murder in the Affrayers Lambert 135. 7 E. 3.19 Where there is a great and dangerous Affray the Constable may make proclamation in the Kings name that the Affrayers shall keep the Kings peace and depart and if the Affray be in a house the Constable may break into the house if the doors be shut to see the Peace kept though none of the parties have taken any hurt and if the Affrayers fly into another mans house the Constable upon fresh pursuit may break into such house and apprehend them Dalt ch 8. fo 34. ch 118. fol. 340. Crompt 146. b. 172. b. Where the Affrayers fly into another County the Constable seeing it may freshly pursue or cause them to be pursued and taken there and then the Constable may carry them before some Justice of the peace of the County where they are taken to find sureties for the Peace And if they fly into a Franchise only within the same County where the Affray was the Constable seeing this may freshly pursue them and take them out thence Dalt J. P. ch 8. f. 34. 38 H. 8. After the Affray is over the Constable cannot arrest the Affrayers without a Warrant Except some person hath received such hurt there that he is in danger of death but before the Affray begun and at the time thereof he may arrest them without a Warrant Dalton ibid. It is not properly an Affray unless some blow be given or offered to be given for hot Words is no Affray neither can the Constable apprehend them for words unless they threaten to kill beat or hurt one another in such case the Constable may take such persons and carry them before a Justice to find sureties for the Peace and yet such Threatning is no Affray Dalt ch 8. fo 35. 5 H. 7.6 If an Affray or an Assault be made upon the Constable himself he may not only defend himself but may also put the parties offending in the stocks till such time as he can carry them to a Justice of the peace or to the Gaol and if he be not able to Arrest them himself he may call others to his assistance who may justifie to Arrest the offendors 27 R. 2. ch 8. Sheriffs Constables and all other the Kings officers shall suppress Riots and Imprison them and all other offendors against the Peace Lambert 179 181. Bro. tit Riot 4 5. Co. 3 part Instit fol. 176. Dalt J. P. ch 85. fol. 217. Where three persons or more shall come and Assemble themselves together to the intent to do any Unlawful act with force or violence against the person of another his possessions or goods as to kill beat or otherwise to hurt or to imprison a a man to pull down a house wall pale hedge or ditch wrongfully to enter upon or into another mans possession house or lands c. or wrongfully to cut or take away corn grass wood or other goods or to hunt unlawfully in any Park or Warren or to do any other unlawful act with force or violence against the peace or to the manifest terrour of the people if they only meet to such a purpose or intent although they shall after depart of their own accord without acting any thing yet this is an unlawful Assembly because of their intention at first And if after such meeting they shall ride move or go forward towards the execution of such Act whether they put their intended purpose in execution or not this is a Rout. And if they do act any such thing indeed then it is a Riot 2. Armes Militia 2 E. 3. ch 3.7 R. 2.13 Co. 3 part Institutes fol. 162. Dalt J. P. ch 9. f. 35. 159. If any person shall ride or go Armed offensively before the Kings Justices or before any other the Kings officers or ministers during their office or in Fairs or Markets or elsewhere by night or by day in Affray of the Kings people and breach of the peace or wear or carry
and yet nevertheless the Officer will cause the party to find sureties by virtue of the Warrant the party may refuse to give it and if he be arrested or imprisoned for such refusal he may have his Action of False imprisonment against such Officer for the Supersedeas is a discharge of the former Warrant 13 H. 7.10 Dalt J. P. ch 75. f. 189. I. a Constable be informed that a man and woman be in Adultery or Fornication together or that a man and woman of evil report are gone to a suspected house together in the night the Constable may take company with him and if he find them so he may carry them before a Justice of the peace to find Sureties for their good behaviour Fitz. Barr. 207. Cromp. 135. If any shall abuse a Constable in the execution of his office the Constable may have him bound to his good behaviour for it Dalt ch 3. f. 9. Any injurious force or violence used against the person of another his goods lands or other possessions whether it be by threatning words or furious gestures or force of the body or any other force used in Terrorem is said to be a breach of the Peace 6. Hedge-breakers Roblers of Orchards c. 43 Eliz. ch 7. Such as are convicted before a Justice of the peace for cutting and taking away of Corn growing robbing of Orchards breaking Hedges and their procurers and receivers knowing the same are to give the party grieved such satisfaction as a Justice of peace shall think fit and if they cannot give such satisfaction then the Justice may commit the offendors to the Constable to be whipped for the first offence and the like pain for the second offence and if the Constable or other officer do not by himself or some other see the same done accordingly then the Justice may commit such officer to the Gaol there to remain without Bayl until he procure the offendor to be whipped as aforesaid 15 Car. 2. ch 2. The Constables Headboroughs or other person in every County City Town-corporate or other place where they shall be officers and inhabitants have power to apprehend or cause to be apprehended such persons as they suspect for having carrying or conveying any burthen or bundles of any kind of Wood Underwood Poles or young Trees or Bark of any trees or Gates Stiles Posts Rayls Pales Hedge-wood Broom or Furze and any Constable or Headborough c. by warrant under the hand and seal of one Justice may enter into the houses out-houses yards gardens or other places belonging to the houses of such persons as they shall suspect c. and where they shall find any to apprehend the parties suspected for cutting the same and those in whose custody c. any such Wood or Underwood shall be found and carry them before a Justice of the peace and if the party cannot give a good account to the Justice how he came by the said Wood c. by the consent of the Owner or shall not within the time the Justice shall appoint prove who he bought it of then such person shall be deemed convicted of the cutting and spoyling of Wood within the Statute of 43 Eliz. and for the first offence shall give such satisfaction to the owner within such time as the Justice shall appoint and pay over and above presently to the use of the Poor where the offence is committed so much money as the Justice shall appoint not exceeding Ten shillings And for default of performance hereof the Justice may commit the offendor to the house of Correction so long time as he shall think fit not exceeding one Month or otherwise to be whipped by the Constable or other officer And for the second offence the offendor is to be sent to the house of Correction for one Month and there held to hard labour and if he be convicted the third time then to be punished as an incorrigible Rogue Stat. ibid. If any person buy any burthens of Wood Underwood Sticks c. of any who may justly be suspected to have come by the same unlawfully upon complaint to a Justice Head-officer c. and if upon examination upon Oath it appears That the same were bought of such person as aforesaid the Justice may order the buyer to pay the treble value thereof to him from whom they were stollen and for non-payment the Justice may grant his Warrant to the Constable to levy the same by distress and sale of the offendors goods rendring to the owner the overplus and for want of such distress then to commit the party to the Gaol at his own charge there to remain one Month without bayl None is to be punished by this Statute that hath been punished for any former Law for the same offence and all offendors within this Statute must be prosecuted within six Weeks after the offence committed Setting-dogs Stat. 7. Jac. ch 11. Dalton J. P. ch 37. fol. 90. The Constable Tythingman or Headborough of any place upon a Warrant under the hands and seals of two or more Justices of the Peace hath power to search the Houses of any persons suspected to keep Setting-dogs or Nets for the taking of Pheasants or Partridges and the Dogs and Nets there found to take carry away detain kill destroy and cut in pieces Stat. idem Dalt ibid. But they cannot search the houses of any who have free Warren or any Lords of any Manor or such as have 40. Pounds per ann or more in Freehold or some Estate of Inheritance or 80. Pounds per annum for Life or be worth in personal Estate 400. Pounds These may keep Nets and Dogs to take Pheasants or Partridges in their own ground CHAP. VII The Constables office touching Clothiers Maultslers Alehouses Drunkenness Weights and Measures Purveyances High-ways 1. CLothiers 14 Car. 2. ch 5. Constables and other officers upon request are to ayd and assist the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs called Norwich-Stuffs made in Norwich and the County of Norwich They ought to be very vigilant in this business for there never was such slight and unserviceable Stuffs made as now are to the great damage of his Majesties subjects 14 Car. 2. ch 5. In the West-riding of the County of York the Constables are likewise by warrant from the Justices of the peace Masters and Wardens of the Corporation or any thirteen of them to levy such Fines Penalties and Forfeitures as shall grow due from any Clothier by virtue of the Statute abovesaid by distress and sale of the offendors goods rendring the overplus to the owner upon demand 4 E. 3. ch 1. Fitz. J. P. 103. Clothiers must pay their Spinners and other work-folks their Wages in ready Money and not in Wares and shall deliver their Wool in due weight on pain to forfeit Six pence for every default And the Carders Spinners Weavers and other work-folks are to do their work faithfully on pain to forfeit double damages
to the party grieved Stat. idem The Master or Head-officer in a Corporation where there is no Master and out of a Corporation every Justice of peace High-Constable and Stewards of Court-Leets shall hear and determine the complaints as well for non-payment of the Work-folks wages as the damages aforesaid by examining the parties for which damages they have power to commit the offendors to the Gaol until the party grieved be satisfied 39 Eliz. ch 20. The Justices of peace and High-Constables may search any house or other place for Tenters Ropes Rings Head-wrinches or other Engines for stretching of Cloth and if they find any to deface them and if the Owners use them again these Officers may take them away and sell them and give the money to the Poor Mault-making 2 E. 6. ch 10.21 Jac. ch 28. 3 Car. 1. ch 4. The Constables and Bayliffs of any Town ought from time to time to view and search all such Mault as shall be made or put to sale within any of their Liberties and if they find any being evil made or mingled with evil Mault then the Constable or Bayliff with advice of one Justice of peace may fell the same to such persons at such a rate as the Justice shall think sitting Stat. 2. E. 6. ch 10. There are three sorts of evil and deceitful Mault viz. 1. Where Barley and Mault hath not in the making thereof in the Fatt Floor steeping and drying thereof three Weeks at the least Except it be in June July and August and in those Months it must have 17. Dayes and under such time it cannot be made wholesome 2. They ought to take out of every Quarter of Mault half a peck or more of Dust by treading rubbing and fanning the same before they put the same to sale or else they forfeit 20. Pence for every Quarter otherwise sold to be divided between the King and the Informer 3. If any Mault shall be put to sale not well made according to the limited time or made of mow-burnt or spired Barley or mixed good and bad together they forfeit Two shillings for every Quarter to be divided as aforesaid This Act extends not to such as make Mault for their own provision only and the Forfeitures aforesaid must be prosecuted within one Year Alehouses Drunkenness 3 Car. 1. ch 3. Dalt J.P. ch 7. fol. 31 32. If any one keepr an Alehouse or sell Beer or Ale without License he forfeits 20. Shillings to the use of the Poor to be levied by distress and sale of the offendors goods by the Constable and Churchwardens by warrant from a Justice of peace before whom the offence is proved which Goods are to be sold within three dayes after the Distress taken and the overplus to be returned if any be And in default of Distress the delinquent is to be openly Whipped by the Constable If the Constable refuse or neglect to execute his Warrant he forfeits 40. Shillings to the Poor and the Justice may commit the Constable to the Gaol until he causeth the offendor to be whipped or payeth the 40. Shillings to the use of the Poor Co. 9. lib. Rep. fol. 87. b. 10 H. 7.8 Dalt J. P. ch 7. f. 28. If a common Inn-keeper or Alehouse-keeper refuseth to lodge a Travelle he proffering to pay ready money for his victuals c. the Constable may cause such an Inn-keeper or Alehouse-keeper to be indicted at the Sessions or Assizes where he may be fined and imprisoned or the party grieved may have his Action of the Case against the Inn-keeper or Alehouse-keeper But they are not bound to lodge or find victuals without ready money first paid if it be required In the Condition of the Recognizance which every Alehouse-keeper enters into that is licensed to sell drink it is one Clause That he shall keep one or more spare Beds for lodging of strangers Were this well looked into in and about London abundance of forfeited Recognizances would be found and a great many lazy knaves that live at their ease by selling Drink might be set to work for their livings They are bound likewise not to suffer any Gaming in their houses or backsides which now is the main prop of most of them and there they draw in Apprentices and Servants to their ruin were they punished according to the Statute for this these Caterpillars would not swarm so thick as they do 1 Jac. ch 9. 1 Car. 1. ch 4. If any Inn-keeper Alehouse-keeper or Victualer do sell less than a full Ale-Quart of the best Ale or Beer or two Quarts of the Small for one Penny he forfeits 20. Shillings for every offence If he suffers Townsmen or others to sit tipling in his house he forfeits 10. Shillings for which the Constables and Churchwardens upon a Warrant from a Justice of peace ought to distrein and levy the Forfeitures according to the Statute and if there be no distress to be found or if the Officers neglect within twenty dayes to certifie the same Default to the Justices the Officers forfeit 40. Shillings to the use of the Poor to be levied by distress on their Goods by Warrant made to any indifferent person from any one or more Justices of the peace under their hand and seal and for want of distress the Justice may commit the offendors to the Gaol there to remain till they have payd the said Forfeitures In all these cases the Distresses are to be kept six dayes and if the parties do not pay the Forfeitures within that time then the Distress is to be apprized and sold and the overplus returned to the owners if any be 21 Jac. ch 7. Dalt J. P. ch 7. f. 28. If the Constable or other officer of the Parish neglect to serve the Justices Warrant against Townsmen or others for tipling in any Inn Alehouse or Victualing-house or against men for being drunk viz. for Tipling 3. s. 4d and for being Drunk 5. s. to be levied by distress on the Offendors goods and sale thereof after six dayes default of payment rendring the overplus to the Owner And for want of distress or not able to pay the Tipler is to sit in the Stocks four hours and the Drunkard six hours And if in any of these cases the Constable neglect to do his duty he forfeits Ten shillings to be levied by distress and sale of his goods to the use of the Poor These Offences are to be enquired after within Six moneths after they are committed and the Constables and other officers of the Parish may be charged upon their Oaths to present them Weights and Measures 8 H. 6. ch 5. All Cities Boroughs and Market-Towns in England ought to keep common Weights and Measures sealed at which the Inhabitants may weigh freely and all Foreiners must pay for every draught under forty Pounds one Farthing for a draught between forty and an hundred an Halspeny and for a draught between an hundred and a thousand one Penny wherewith the Weights
to Arrest the party for the same cause the first arrest was unlawful and the Officer is lyable to an Action of False Imprisonment 10 E. 4. fol. 12. Br. False Impris 38. Where a Warrant is granted against I. H. the son of T. H. and the Officer thereupon arresteth I. H. the son of W. H. although in truth he be the same person that offended and against whom the complaint was made yet this Arrest is wrongful and the Officer is subject to an Action of False Imprisonment Cromp. 214. a. 148. Crooke 144.53 If a Constable or any other person hath arrested a man by virtue of his Warrant which he hath from a Justice of the peace and then taketh his word that he will come to him again at another time to go with him to the Justice according to his Warrant and so letteth the party go who comes not again at the time appointed it seems the Officer cannot afterwards arrest or take him again by force of his former warrant because this was done by the consent of the Officer But if the party arrested had escaped of his own wrong without the consent of the Officer the Officer may take him again and again upon fresh suit so often as he escapeth although he be out of view or that he fly into another Town or County When an Officer hath received a warrant he is bound to observe and pursue the effect of his Warrant in every behalf and particular or otherwise his warrant will not excuse him of that which he hath done 21 H. 7.39 If a Constable or other officer having a lawful warrant to Arrest another and he shall be resisted or assaulted by the party or by any other person then may that Officer justifie the beating or hurting of such persons and others upon his request may and ought to aid him 14 H. 8.16 Br. Faux Imp. 8. Lamb. 67.94 Co. 10.76 Cromp. 74. If a Justice of peace shall issue out any Warrant for a matter wherein he hath Jurisdiction although it be beyond his Authority yet it is not disputable by the Constable or other such officer but must be obeyed and executed by the Constable or other officer to whom it is brought As if a Justice of peace shall send forth his Warrant to arrest one for the peace or good behaviour without cause the officer that serves this warrant shall not be punished for the executing thereof but if a Justice of peace shall make his warrant to do a thing out of his jurisdiction or in a cause wherein the Justice of peace is no Judge if the Officer shall serve such a Warrant here he is punishable for the Officer is not bound to obey him who is not Judge of the Cause no more than a mere stranger for the Officer is bound to take notice of the authority and jurisdiction of the Judge But if any Justice sends his warrant to a Constable or any other officer to bring him to answer all such matters as shall be objected against him and doth not specifie the cause in his Warrant wherefore he issued forth the same this Warrant is unlawful and the Officer is liable to an Action of False imprisonment if he executes it So if a Justice of peace send a Warrant to take one for Cozenage to take and bring to a Justice or to Gaol one that another doth suspect for Felony where the matter is small or the suspition slight or to license a petty Chapman to sell from house to house to send a poor body to a place otherwise than the Law directs c. such kind of Warrants are not warrantable Cook Iustit part 4. tit De frangent Prison ' All Warrants not specifying the Cause are utterly against Law Except for Treason or Warrants from the Council Secretaries of State or Lord Chief Justice these need not set forth the Cause for reasons of State Cromp. 149. If any man shall contemn or abuse the Justice of peace his Warrant as by casting it into the dirt or treading it under his feet c. such offendor may be bound to his good behavior for it and be Indicted and Fined it being a contempt against the Kings process CHAP. III. Articles which the High-Constables are to return unto the Justices at their Sessions or monthly meetings of their Divisions and to cause their Petty-Constables Headboroughs and Tythingmen in their several Liberties to make Return thereof unto them 1. THey are to return the Names Sirnames additions of names and qualities of all Popish Recusants as well house-keepers as lodgers dwelling or residing in any of their said Parishes Liberties or Precincts 2. Such persons as shall continue drinking or tipling in any Innes or Ale-houses at any time and more especially upon the Lords day or Holidayes and such persons as they shall find drunk and all such Inn-keepers and Alehouse-keepers as shall entertain them 3. Item The names of such as shall prophanely Swear or Curse with the number of their Oaths immediately after the committing such offence inform the next Justice thereof 4. Item They are to Return such Victualers or Alehouse-keepers as use victualing or selling of Beer and Ale without License 5. Item Such persons as suffer any unlawful Games to be suffered in their houses backsides or gardens and also the Names of such as shall play at any of the said Games 6. Item Such persons as refuse or neglect to do their duty of Watching and Warding 7. Item Such persons as divide their houses into several Tenements and such as do entertain Inmates who may be an annoyance to their neighbours or likely to bring charge upon the Parish 8. Item The defaults of Petty-Constables and Tythingmen c. for not causing rogues vagabonds and beggars to be duly apprehended punished and passed according to the Statute 9. Item All Masterless men and women living at their own hands such as are idle and will not labour and can give no good Account how they get their living all Suspitious persons Whores Noctivagants or Night-walkers and Mothers of Bastards which may be chargeable to the Parish 10. Item The names of such persons as refuse to take Apprentices poor Parish-children to Husbandry and other callings according to Law 11. Item All such as neglect to make due Rates and Collections for the relief of the Poor in every parish and that cannot or do not give a just Account of the employment of the Rent and Stock of the Poor 12. Item Of the defects in the High-wayes and Bridges with the names of such as should repair them and have neglected or refused to do their duty herein 13. Item Such Scavengers as neglect to do their office in cleansing the Streets to be kept clean within their Liberties and the names of such persons as commit common Annoyances by laying of dung soyl dirt or ashes in the Street 14. Item The names of all such persons as refuse to Pave the Streets before their houses where the said streets
then where Five persons or more are so Assembled one or more Justices of the peace of the County limit or division c. or the Chief Magistrate of the place where the offence is committed are required upon proof to him or them made by Confession of the party or Oath of two Witnesses or by notorious evidence and circumstance of the fact to make a Record of every such offence And thereupon the said Justice c. shall impose upon every such offendor so convict a fine of Five shillings for such offence which Record to be certified to the next Quarter-Sessions of the peace 2. And if the said person so convicted shall again commit the like offence he shall for every such offence incurr the penalty of Ten shillings the said fines to be levied by distress and sale of the offendors goods and chattels and in case of poverty on the goods and chattels of any persons then convicted for the same offence at the same Conventicle at the discretion of the Justices c. so as the summ to be levied upon one in case of poverty of others exceed not Ten pounds upon occasion of one Meeting And every Constable Headborough Tythingman Churchwardens and Overseers of the poor are required to levy the same accordingly having first a Warrant and forthwith to deliver the said moneys to the Justices c. of which one Third to be to the King another Third to the Poor of the parish where the offence was committed and the other Third to the Informers and such persons as shall be diligent in the discovery dispersing and punishing of the said Conventicles 3. Every person that shall take upon him to Teach or Preach in any such Meeting c. and shall be convicted as aforesaid shall forfeit for the first offence Twenty pounds to be levied as aforesaid And if he be a stranger and his name and habitation not known or is fled and cannot be found or in the judgement of the Justices c. shall be thought unable to pay the same the said Justices c. are required to levy the same by warrant upon the goods and chattels of any person present at the same Conventicle the money so levied to be disposed as aforesaid and for the second offence shall incurr the penalty of Forty pounds to be levied and disposed as aforesaid 4. Every person that shall suffer any such Conventicle or Meeting c. to be held in his or her House Out-house Barn Yard or Backside and convicted thereof shall forfeit Twenty pounds to be levied as aforesaid and in case of his or her Poverty upon the goods of any convicted of being present at the same Conventicle 5. Provided no person shall pay above Ten pounds in any one Meeting in regard of the Poverty of any other 6. Any offendor aggrieved may within one week after the penalty paid or levied appeal in writing to the next Quarter-Sessions to whom the Justices c. that convicted the offendor are to return the money and certifie the evidence upon which the conviction past whereupon such offendor may plead and have his Tryal by a Jury And if such Appellant shall not be acquitted he shall pay treble Costs and no Court but the Quarter-Sessions shall meddle with Causes of Appeal upon this Act. 7. Upon the delivery of such Appeal the Appellant shall enter into a Recognizance to prosecute with effect or else the Appeal to be void 8. The Justice Justices of the peace c. or the Constables by warrant may with what ayd or force they shall think fit after refusal break open and enter into any house or place where such Conventicle shall be held and take into custody the persons there unlawfully Assembled and the Lieutenants Deputy-Lieutenants or any Commissioned Officer of the Militia or other His Majesties Forces with horse and foot and also the Sheriffs and other Magistrates and Ministers of Justice upon Certificate to them made of such unlawful meeting are required to repair to the place where they are so held and dissolve or prevent the same and take into their custody such persons so assembled as they shall think meet 9. The dwelling-house of a Peer where his Wife is resident shall not be searched but by immediate Warrant from the King or in the presence of the Lieutenant Deputy-Lieutenant or Two Justices of which one of the Quorum 10. If any Constable Headborough Tythingman Churchwarden or Overseer of the Poor shall know or be informed of any such Meetings or Conventicles within his precincts parish c. and shall not inform some Justice of peace or chief Magistrate but omit the performance of his duty in the execution of this Act and thereof be convicted shall forfeit Five pounds and every Justice of peace or chief Magistrate so offending shall forfeit an Hundred pounds the one moiety to the Informer 11. If any person be sued for putting this Act in execution otherwise than by Appeal as aforesaid he may plead the general Issue and upon a Nonsuit or Verdict past for him recover treble Costs 12. This Act and all clauses therein shall be construed most largely and beneficially for the suppressing of Conventicles and justification of all persons employed in the execution of this Act. 13. Provided every offence against this Act must be prosecuted within three Moneths and no person punished by this shall be punished by any other Law 14. Aldermen of London have the same power as Justices and lyable to the same penalties for neglect of their duties 15. A Feme-Covert offending and cohabiting with her Husband the penalties of Five and Ten shillings shall be levied upon the goods of the Husband 16. No Peer shall be attached or imprisoned by virtue or force of this Act. 17. This Act shall not invalidate His Majesties Supremacy in Ecclesiastical affairs CHAP. X. The Churchwardens Office THe antiquity of the Office of a Church-warden when first they received that title is very uncertain but so Ancient it is that some are of opinion that 87. years after Britain had received the Christian Faith which most Historians do agree was planted here in the Reign of King Lucius in the year of CHRIST 180. who is hitherto stiled the first Christian King of this Isle and that Dionysius in the year 267. did divide both in Rome and other places to Bishops their Diocesses and Parishes Churches and Churchyards to Priests Vicars and Curates but whether at that time or how long after Churchwardens were instituted is not certainly known But all Authors do agree that they are very antient Officers and Mr. Lambert saith in this Duty of Churchwardens pag. 46. That these Churchwardens of Parishes are at the Common Law taken in the manner of a Corporation 12 H. 7. ult that is to say Churchwardens at the Common Law are persons enabled by that name to take moveable goods or chattels and to sue or be sued at the Law concerning such goods for the use and profit of
prison there to remain till the said Forfeiture be paid But if a man marry a Grandmother that hath no Estate the Grandfather-in-Law is not chargeable but if she have an Estate caused without such Marriage or that comes after Marriage by descent or otherwise to her here he may be charged but he can be charged in no case longer than his Wife lives Bastard-children are not within this Law neither can the Justices do any thing herein against a man that lives out of their County Resol Judges 15. No Poor may beg but in their own Parish and there by License of the Overseers of the poor and they may not license them to beg in the High-wayes there 1 Jac. 7. No inhabitants may serve any Poor at their door but those of their own Parish that have License from the Overseers of the poor to Beg on pain of Ten shillings for every default Stat. 43 Eliz. 2. The Overseers to make provision for a poor man that wants a house but not for a common Herdsman or Shepherd with consent of the Lord of the Manor by writing under his hand and seal either by themselves or with a Sessions order may erect a Cottage upon any part of the Waste of the Manor and lodge inmates therein notwithstanding the Statute of 31 El. 7. but such Cottage must not be any otherwise employed Stat. 4.3 El. ch 2. All such persons married or unmarried having no means to maintain them use no ordinary and dayly Trade to get their living by and such persons as can get no work are to be set on work by the Overseers and any one Justice of peace may send to the House of Correction or common Gaol such as shall not employ themselves to work being appointed thereto by the Churchwardens and Overseers of the poor Stat. 3 Car. 1. ch 4. The Churchwardens and Overseers of the poor with the consent of two or more Justices of the peace one of the Quorum may set up and use any Trade Mystery or Occupation for the setting on Work and better relief of the Poor of the Parish Town or place where they are Overseers 14 Car. 2. chap. 12. If a stranger come into a Parish into any house under the yearly Rent of Ten pounds per annum the Overseers may require sufficient security of him for the discharge of the Parish and if he refuse they may complain to the Justices of the peace within forty dayes after the parties coming to the Parish and they may order him to give security or otherwise remove him Dalt J. P. chap. 40. fol. 94 95. The Overseers are to take and put out Apprentices such poor mens children as are brought up idly and loosely or such as are a burden and charge to their Parish and they must have regad to put them to such Masters as are of ability and honesty that shall not provoke their Apprentices to run away by hard usage nor suffer them to consume their time without learning their Trade And they are to put out their Children Apprentices while they are young and tractable so they be above seven years of age for else by reason of their idle and base bringing up they will hardly keep their service or employ themselves to work 7 Jac. ch 3. These Apprentices are to be chosen out of the poorest sort of Children whose parents are least able to maintain them and they must be above Seven and under Fifteen years of age when they are first bound 43 Eliz. chap. 2. Dalt ch 31. fol. 83. The Overseers are to have the consent of two Justices of the peace in the putting out of such Apprentices and they may bind the Man-child till 24. years of age and the Woman-child till 21. or till she be married which shall first happen And these Apprentices may be bound to Weavers Masons Dyers Fullers or any other Trade as well as to Husbandry or Houswifery Resol Judges 1633. Quest 1. The Apprentices may be put to any man whom the Overseers and Justices shall think fit within the same Parish or elsewhere in other Parishes within the same Hundred either with or without money But if the Child be young and the party to whom they place it not very able then they may give money if they please as the party and they can agree Resol Judges Q. 4. All men that have or may have use for Servants as Knights Clergymen Gentlemen and Yeomen as well as Tradesmen are bound to take Apprentices yea though wealthy men Table themselves or live so privately that they have no use for a Servant yet they may be compelled to take them or else to pay a summ of money for putting them Apprenprentices elsewhere and if they refuse to pay the summ imposed upon them two Justices of the peace may make their Warrant to leavy the same by distress and sale of the offendors goods Or the refuers to take Apprentices may be presented and indicted for the same upon the Statute of 43 Eliz. ch 2. Resol Judges Quest 2. An Apprentice put to a man in respect of his Farm when his Lease expireth the Apprentice shall go still with the Farm if the first Master be so pleased otherwise it is where an Apprentice is put to a man in respect of his abilities or for other respects And where any diffeences are between the Officers and the man that is to receive an Apprentice about money and what money shall be given or otherwise the Justices thereabouts or in their defaults the Sessions must determine it Dalt J. P. ch 40 31. fo 96 78. If the parents of poor Children shall refuse to let their Children be put out Apprentices without good cause shewed such Parents may be bound over by the Justices to answer their said default And if the Children shall refuse the Justices may send them to the House of Correction there to remain till they be content to be bound and serve Dalt J. P. ch 31. fo 82. These Apprentices must be bound by Indenture and not by any verbal Agreement and the Indenture must be either between the Justices Churchwardens and Overseers or some of them and the Apprentice on the one part and him that takes the Apprentice on the other part And he must be named by the name of an Apprentice expresly or else he is no Apprentice though he be bound The form of an Indenture for a poor Child put out by the Parish THis Indenture made the 25th day of M. c. Witnesseth That R. H. and R. W. Overseers for the Poor in the Parish of H. in the County of S. and H.T. Church-warden of the same parish by and with the consent of A. H. Knight and Baronet and F. T. Esq two of His Majesties Justices of the peace of the same County have by these presents placed and bound J. G. being a poor fatherless child as an Apprentice with E. B. of H. aforesaid widow and as an Apprentice with her the said E. B.
and send on every day to the place appointed by the Surveyors one Wayn or Cart after the fashion of the Countrey provided with Horses c. fit for the Carriage and with necessary Tools fit for the work and with two able men who are there to do such work with their Wayns c. as they shall be appointed by the Surveyors by the space of eight Hours every of the said six dayes on pain of Ten shillings every day default is made Stat. 2 3 P. M. ch 8. Every other Housholder Cottager and Labourer of the Parish Town c. able to labour and being no hired servant by the year must by himself or some other able man be then and there ready to work every of the said six dayes by the space of eight hours as aforesaid where they shall be appointed by the Surveyors on pain to forfeit Twelve pence for every day they make default 18 Eliz. ch 9. All persons being chargeable but as Cottagers by the 2 3 P. M. yet if they be in Subsidy 5 Pounds in Goods or 40 Shillings in Lands or above they must find two able men to work every of the said six dayes 2 3 P. M. ch 8. If any of the Carriages shall not be thought needful by the said Surveyors upon any of the said dayes they may appoi nt in stead of a Team two able men to work as aforesaid who shall not fail in pain that the party who should send them shall forfeit Twelve pence for every day that either of them makes default 18 Eliz. ch 9. He that shall occupy a Plough-Land in tillage or in pasture lying in several Parishes shall be chargeable only in the Parish where he dwelleth and he that occupieth several Plough Lands in several Parishes shall be charged in each Town or Parish where such Land lyeth viz. to find in each Town or Parish one Cart furnished as aforesaid though he be no inhabitant there Co. on Lit. fo 69. It is said that a Plough-Land is not alwayes of one content but ordinarily it is so much as one Plough may plough in on eyear which is on some Countries more and in some less according to the heaviness of the soil Co. 4. Rep. fo 37. b. 9 Rep. fo 124. A Plough-Land or Carve-Land may contain House Meadow Pasture and Wood and if one have so much of this as will keep a Plough and yield Tillage for it if part of it were eared in this case it seems he is to send his Plough Dalt J. P. chap. 26. fo 72. He that keepeth a Plough or Draught for carriage although he occupy little or no Land but carrieth or plougheth for other men yet it seems he is to send his Cart to the High-wayes and if a may keep only two Horses and a Cart for his own business he is to come with his Cart and two Horses with a Man to drive them 14 Car. 2. ch 6. If six dayes will not serve for repairing of the Highwayes the Surveyors may appoint more and charge all persons within their limits who are chargeable by the Law to come to the work but the Surveyors are to pay them for their work for all the dayes above six dayes according to the Rates of the Countrey and if they cannot agree the next Justice of the peace living out of the Parish is to determine the business between them 5 Eliz. ch 13. The Surveyors if they see cause for the amendment of the High-wayes may take and carry away so much of the rubbish and smallest broken stones of any mans Quarray lying within the same Parish without leave of the owner as they shall think needful or gather the loo se stones lying dispersed in any mans grounds But they may not without license dig in any mans Quarrey for new stones nor take the great stones already digged and if there be no such rubbish to be found in any mans Quarrey within the said Parish then they may enter into any mans several ground within the said Parish lying near the place where the Wayes are decayed and there if they see any hopes of finding materals fit for the reparation thereof without leave of the owner they may dig for Sand Stones Gravel c. so that it be not in the Houses Orchards Gardens or Meadows of any man they are not to come there without license of the owner And in such place where they may dig without leave they are not to make a pit above ten yards in breadth or length and they are to take care that the place be filled up again at the charge of the Parish within one Month after upon pain to forfeit five Marks to the owner of the ground to be recovered by Action of Debt 14 Car. 2. ch 6. The same power is granted to Surveyors to dig for Gravel Chalk Sand Stones c. in any mans ground in the parish next adjoyning to the place where the Wayes are in decay if there be not sufficient in the same parish Provided it be not in the House Garden Orchard Court Yard Park with Deer in it or in the Meadow of such party without paying any thing for the same Gravel c. only damages to the party for the carrying the same over his grass c. filling up the pits as is before mentioned 5 Eliz. within the same time and under the same penalty Stat. 5 Eliz. chap. 13.8 Eliz. chap. 10. If the owners of the grounds next adjoyning to the Highwayes do not keep their Hedges low and cut down their Trees and Bushes growing on the same Wayes they forfeit Ten shillings And he that scowrs not his Ditches in the ground next adjoyning to the ground that is next the Highway that the water may pass the better out of the Highway shall forfeit 12 d. for every Rod so left unscowred Stat. 18 Eliz. chap. 10. If any scowr his Ditch by the HIghways side and throw the soyl thereof into the highway and suffer it to lye there six Months he forfeits for every Load thereof 12 d. And the Surveyors are to make Sluces where such Banks have been heretofore made for carrying away the water out of the Highway Dalt J.P. ch 26. fo 70. Every Survey or may cause any Water-course or Spring of water being in the Highway within their parish to be turned into another mans several ditch or ground next adjoyning to the said Way in such manner as by the discretion of the Surveyors shall be thought meet Stat. 18 Eliz. ch 10. Wingate Abr. Stat. Tit. Highwayes The forfeitures of the Act of 18 Eliz. 10. must be levied by the Surveyors for the time being by warrant from the Justices before whom the party shall be convict by distress and sale of goods which forfeitures are to be employed towards the amendment of the Highwayes and if the Surveyors neglect to do it within one year after the offence committed then the Constables and Churchwardens by like