When Constables, &c. where first appointed.

THese High-Constables (as some say) Lamb. 5. cap. 9. Rast. 379. Smith de Rep. Angl. l. 2. c. 25. Dalton's Just. of P. c. 16. fo. 46. were first Ordained by the Statute of Winchester, for the oversight of Armour, Watches, High-ways, Hue and Cry, and the like; and afterwarde Petty-Constables for their aid and assistance were appointed.

But others think, that by the ancient Common Law they were Conservators of the Peace within their several Hundreds [Page 3] and Limits. 12 H. 7. fo. 18. Crom. 6, & 222.

That the Hundreds were derived out of See Dalton, as before. Counties first, under the Goverment of She­riffs; but growing too great for their care were divided into Hundreds, and that in every Hundred was ordained a Conservator of the Peace, who was called the High-Constable. See Lamb. Duty of Const. p. 9. That these Hundreds also enlarg­ing, Burroughs and Towns, or Tithings, (that is to say, a Tenth part) were appointed, and within them also was ordained a Con­servator of the Peace, or Petty-Constable. Others reckon, That first the Tenths or Tith­ings were ordered, and after of them were made up Hundreds, and of these Counties or Shires; so that there is no part of the Kingdom that lieth not within some County, of which Counties or Shires, one with ano­ther, there are reckon'd in England XXXVII, besides XII in Wale,.

But to reckon either way it appears, and High-Con­stables. so at this day continues, That High-Con­stables are properly for the whole Hundred, Rape or Wapentake; and their Power ex­tends over the whole, which do mostly com­prehend many Parishes, Tithings, and Vil­lages.

That Petty-Constables are for particular Petty-Con­stables. Towns and Parishes within the Hundred, and consequently for the aid, ease and assi­stance of the High-Constables; but their Authorities are only in such particular Towns or Parishes: And,

That Borshoulders, Tithingmen, Head­burroughs, &c. are for particular Burroughs, [Page 4] Hamlets, Villages and Tithings, to which their Authority is limited.

And Note, it was the Opinion of the Nota. Learned Sir Francis Bacon, That tho' the High-Constables Authority hath a more ample Circuit, he did not perceive that the Petty-Constable is subordinate to him, from any Commandment that proceeds from his own Authority: But it was used, That the Warrants and Precepts of the Justices be delivered to the High-Constables, who being few in number, might better attend the Ju­stices; and then the High-Constables by virtue of such Warrants (not their own Authority) make their Precepts over to the Petty-Constables. Bac. C. T. p. 22, & 30. And this also seems to be only in some Cases, as where they are summoned to attend the Justices to make their Presentments, and the like.

This seems to be the general Method, Nota. tho' in some large Parishes and particular Places, there are and may be several Officers called by the several names of Constable, Headburrough, and the like: And tho' these Inferior Officers be called by several names, yet their Offices in their several Precincts and Places are in effect one and the same the Name being only changed.

However the Office of a Constable seem­eth Some Di­stinction between these Offi­cers. to be distinct, and of greater Authority than theirs; and some have held, That Headburroughs, Thirdburroughs, Borshoul­ders, Tithingmen, &c. being appointed in a Town or Parish where is also a Constable, that they cannot principally meddle, be­cause [Page 5] (in comparison of them) the Consta­bles are Head-Officers, and the others but as Assistants to the present Constable; tho' in the Constables absence they are chiefly to attend the service: And that there are many things which the Constable may do, wherein such Headburroughs, Borshoulders, &c. cannot meddle.

See Dalton's Justice of Peace, ca. 1. fo. 34. Lamb. pag. 4. 6, 9. 51, 52, 53, 54, 55, &c. See 1 Jac. ca. 7.

And yet in Towns and places where there are no Constables, but only Headburroughs, Borshoulders, Tithingmen, &c. there their Power and Authority is declared to be equal to the Power of a Constable, and in all Where their Au­thority is all one and the same. such cases and things their Office and Au­thority are in a manner all one. And he that is sworn the Tithingman, &c. of any place, is in effect (with respect as aforesaid) the Constable of the place: And that when any Staute doth appoint the Constable, or other Inferior Officers to punish Offenders, in such case the Borshoulder, Headburrough, Tithingman &c. may do it, they being supposed to be Inferior Officers to the Con­stables.

By the Statute 14 Car. 2. cap. 12. it is Nota. Ordained, That upon the death or removal of any Constable out of the Parish, any two Justices may elect and swear a new one, to continue till the next Leet or Quarter-Sessions; and then the Steward or Justices to approve of him, or appoint another: And if any such Officer continue in his Office above a Year, the Justices of the [Page 6] Peace may discharge him and put in others till the Lord of the Mannor hold a Court.

In some Cases then the High Constable Nota may and must do more than the Petty-Con­stable, &c. And in some Cases they have equal authority, and in other Cases they are distinct; I shall therefore endeavour to shew, what all Constables either High, or Low, Bursholders, Headburroughs, Ty­thing-men, &c. may and must do; what is their common or equal, and what their special or particular Duty and Authority. But Note, That where it is generally spo­ken of Constables, there it is also meant as to Headboroughs and Tything men, &c. and where there is any difference I shall distinguish it.

But First, I will speak of the fitness and manner of their Choice, and of the Oath each of them must severally take, for the Nota due Execution of his Office. And observe that part of their Office and Duty consists in the attendance of Court Leets, Justices Constables when and where to attend. of the Peace and Coroners, for the exe­cuting of their Warrants within their se­veral Precincts; and also to attend upon, aid, and assist, and execute the Warrants of Judges of Assize, at their Assizes and Gaol Delivery; and the Justices of the Peace at their general and special Sessions, and other Meetings, to make Presentment upon Oath of things within their Know­ledge, and according to Articles exhibited to them for that purpose; of which more in its place

Of the Choice and Fitness of Con­stables, and of the Oath to be taken by them.

THey ought to be men fit for the Ex­ecution Honesty A­bility and understand­ing requi­red. of their Office, and there­fore to be chosen out of the honestest ablest and most understanding men, not Feeble with old Age, nor otherwise Weak, Sick, Poor or Impotent, That so the Office may be performed truly and diligently, without Malice, Affection, or Partiality.

This Office ought not to be put upon the Poverty and Igno­rance to be avoided. Poorer sort, for they are usually most Ig­norant and Fearful, and less able to attend this Office; their Necessity requiring them to mind their own Trade and Imployment: And 'tis to be understood, That Constables Bac. p. 25. have no allowance, but are bound to per­form their Office gratis.

Such who in respect of some other Offi­ces, Some Pro­fessors ex­emptd and to be excuse­ed. Callings, or Professions; as Clergy­men, Sheriffs, Lawyers, Attorneys, Phy­sicians, and such like, are presumed to be otherways so much imployed, as not to be at leisure to attend upon this Office, so much as is required, and therefore not to be Chosen.

Also Women, whether Maids or Wi­dows, Women Ide­ots and In­fants. ought not to be chosen; neither Mad-men, or Ideots, nor Infants under 21 Years of age, nor old Men above Se­venty.

[Page 8]Therefore it is not a good Custom ge­nerally, that this Office should go, by te­nure of Houses, for so it may fall upon a 1 Cro. fo. 283. Woman, (which is not sufferable) but it may be a good Custom, That every man sufficiently qualified, shall serve or find one to do it.

These Officers are to be chosen in re­spect In what re­spect they are chosen. of their Habitation or Residency, and not in respect of their Lands; for a Man may have Lands out of the Hundred, Parish or Tything, &c. But he ought to serve only in the place where he lives.

The High-Constables are usually chosen High-Con­stables when and where chose and Sworn. Dalton. ca. 16. fo. 46. Lamb. Just. 190. and Sworn at the Quarter Sessions of the Peace for that County, But they may be either Chosen or Sworn out of the Sessi­ons, and if they be chosen out, it must be by the greater number of Justices of that Division where they Dwell, and in the like manner also they may be Removed.

And Note, that two Justices of the Peace, the one being of the Quorum, may appoint the High-Constables for Wales, by the Stat. 34. H. 8. ca. 26.

The Petty-Constables are most common­ly Petty Con­stables when and where, Chosen and Sworn in the Court-Leet, and sometimes by the Justices of Peace at their Quarter Sessions Dalton Just. fo. 47, 48, 336. So that High-Constables are by appointment of the Justices, and Petty-Constables elected by the People, unless in some Cases as is after set down.

If Constables lawfully Qualified and Chosen, shall refuse to be Sworn, the Ju­stices of Peace may bind him over to the [Page 9] Assises or Sessions, and he may be there Indicted, Fined, and if he be chosen in a Leet and refuse, he may be fined in that Leet for his Contempt, Dalton 47. 1 Cro. 409.

As one lawfully qualified and chosen Refusing to serve. may not refuse, so if one that is not right­ly qualified and inabled, may refuse, (if he be chosen,) and shall be discharged by Law, and another may be appointed in his place. Dalton J. P. fo. 322.

And it is said to be a Forfeiture of the Removal of unfit Persons. Leet, where the Leet chooses unable or unfit Constables, and their choice is void, and upon Complaint made to two Justices of the Peace, they may remove such un­fit 8 Co. 42. Steels Rep. fo. [...]. and unable Person and choose and Swear some other. 1 Bul. 174. Dalt. ca. 16. fo. 47.

But in other Cases its said the Justices are not to meddle either in Sessions or out of Sessions. But leave it to the Custom of the Court Leet. Stiles Rep. 362.

Note also by the better opinion it is Constables Deputy. held, That the Constable of a Hundred or Parish, may not make a Deputy for the exempting of▪ his whole Office; but he may depute one, to do many things under him, and in his Name, that relate to his Office, yet so that the Constable shall be responsible and answer for what's amiss, &c. 3 Bulst. 77. 78.

Yet sometimes one chosen, hath named a fit Person for his Deputy, who upon his acceptance hath been Sworn, and in this case its said the Deputy shall answer for him­self [Page 10] 1 Cro. 409. Crawley's Case.

By an Act 24 Maii, primo Willielmi & Protestant Dissenters being chosen Constables, &c. may make a Deputy. Mariae, That if any Protestant Dissenter from the Church of England, shall then after be chosen High-Constable, Petty-Con­stable, Churchwarden, Overseer of the Poor, or to any other Parochial or Ward Office; and shall scruple to take the Office upon him in regard of the Oaths, or any other Matter to be done in respect of such Office, such person may execute the said Office by a sufficient Deputy by him to be provided, who shall comply with the Laws on this behalf. Provided such Deputy be approved and allowed of in such manner, as the Principal should have by Law been allowed and approved.

After the Constable, Headburrough, or Tithingman is chosen, he must take an Oath for the due execution of his Office. The Form whereof is as followeth.

The Form of the Constables Oath:

Note, that it has ben part of this Oath, to see the maintaining of Archery; but this seems to be out of use.

The Oath is many times contracted in Form, and administred briefly, thus:

Concerning Escapes, &c.

THe voluntary letting of a Felon to Concerning Escapes suffered by Constables. Escape, before he be arrested for the Felony, is no Felony in the Party that suffereth him to Escape: But if the Con­stable suffers one to Escape, when he knows he hath committed a Felony; in such case he may be Indicted and Fined for suffering the Escape.

[Page 26]And its said, That if the Felon be under Voluntary Escape made Fe­lony. arrest of the Constable, or any other, for Felony or Suspicion thereof, and the Con­stable or other person, who so hath him a Prisoner, voluntarily lets or suffers the Fe­lon to go at liberty where he will; this is Felony in the Gaoler, Constable or other person that so letteth him Escape; but it is no Felony in the Prisoner, because he broke not the Prison.

But if such a Prisoner shall Escape Negligent Escape. by the negligence of his Keeper, and against his Will and knowledge, then it is Felony in the Prisoner, because a breach of Prison; and the Gaoler, Con­stable, &c. may be Fined by the Judges or Justices for such Escape. Stamf. 32, 44. Dalton, fo. 272. Bro. Escape 31. Dyer 99.

If a Constable, or other Officer, volun­tarily Felon destroys him­self. suffer a Thief to kill, hang, or drown himself; this is said to be an Escape and Felony in the Constable: But if this be done unawares to the Con­stable, and without his consent, then is such an Escape but negligent, and fine­able. And note, that such a Thief so Constable fined. killing or drowning himself, is said to be Felo de se, in reference to the destroying himself, Dalton fo. 272.

If a man be arrested only on suspicion Where the Constable may dis­charge the Prisoner. of Felony, and it appear afterwards there was no such Felony committed, then may the Constable or Officer discharge the Prisoner; and it is no Escape where [Page 27] there was no Felony. But on the contrary, if one be arrested upon Suspicion, and there is really a Felony committed; and though after the Arrest the Officer is satis­fied, that the Party arrested is not guilty: Yet he cannot discharge him, but he must be set at Liberty by due course of Law; for otherwise it will be a voluntary Escape and Felony, or at least fineable. Dalton, fo. 275. Cromp. 40.

If a Private person (as he may) in many Arrests made by Private persons. cases arresta nother; as in case of a dangerous Affray, Suspicion, or knowing one to have committed Felony, or one that is appa­rently about to commit a Felony, or one that hath dangerously Wounded another, or Night-Walkers that are dangerously suspicious, &c. He ought to carry and de­liver the Prisoner to a Constable, Head­burrough, Constable charged. or Tithingman, &c. and they are bound to secure the Party arrested. Dalton fo. 338. 20 Ed. 4. 6.

And note, That where a Constable or Prisoner Pinion'd and Fet­ter'd. Officer shall imprison any Felon in the Stocks, he may lock the Stocks, and may also (if he see need) put Irons on the Pri­soner: And when he is about to convey him to the Justice or Gaol, he may Pinion him, or otherwise to secure him, that he cannot Escape. Dalton fo. 342.

And when the Constable carries any How the Constable may deli­ver up the Prisoner. such Felon, or suspected Felon, to the Gaol, the Gaoler is obliged to receive him: But if he refuses, then the Officer may either keep the Prisoner in his own House, or [Page 28] carry him back to the Town where he was taken; and the Town in the last case, its said, shall be charged with the keeping of him until the next Gaol-delivery, where (upon Complaint against the Gaoler) they will punish him for his Refusal. Dalt. 340, 341. 10 H. 4. & 4 Ed. 3. ca. 10. Poulton, Prison. 6.

But it may be the best and safest way to carry him to a Justice, if conveni­ently it may be done.

In case where a Justice of Peace, Constable, Felon taken in another County. or other Officer, comes to a Felon to arrest him, and he perceiving it flies into another County before he can be taken, and he is there taken; in such case the Felon must be carried before some Justice of the Peace of that County where he is taken, and must be committed to the Gaol of that County, altho' the Felony was committed in another County. Dalton fo. 340. Bro. Impris. 25.

☞ Fourthly, To see the Watch be duly kept in the Town, &c.

The Constables &c. of every Town, are Watch; in what time of the year. to cause Night-Watch to be kept from Ascension-day till Michaelmass, from Sun­set until Sun-rising; viz. in a City with Six men at every Gate; in a Burrough with Twelve men; and in every Town with Six or Four men, according to the number of the Inhabitants there. If any Stranger pass by them, he shall be ar­rested [Page 29] until the Morning, when (if they have no suspicion of him) they shall let him go quit; but if otherwise, they shall deliver him to be safely kept, &c. And here if any will not obey the Arrest, they shall levy Hue and Cry upon him; and for such Arrest of a Stranger, none shall be punished. Stat. Winchester, cap. 4. 13 Edw. 1.

1. These Watchmen should be of able Body, and sufficiently Armed. Watchmen, how to be qualified.

2. No man is compellable to Watch, except he be an Inhabitant within the same Town, &c.

3. That such as are Inhabitants within Their Or­der. the Town, are not compellable to Watch at the Will of the Constable, but only when their Turn cometh; unless it is the use and custom of the Place, to do other­wise.

4. If such as ought to Watch, refuse upon command of the Constable, the Con­stable Refusal to Watch. may complain of him to a Justice of Peace, who may bind him over to his Good Behaviour, and to answer at the Quarter-Sessions; or the Constable may present him at the Assize or Sessions of the Peace: And some have held, that he may set the Party in the Stocks for his Contempt. But this seems rather to be, when the Party (or some for him) appears, and yet will not be orderly, as the Con­stable sees fit. Dalton fo. 141.

[Page 30]These Watchmen are to apprehend all Watchmens Duty. Rogues and Vagabonds, Night walkers, Eves-droppers, Scouts, and the like, and such as go Arm'd.

And though it be said, That if a Their Exa­mining of Passengers. Stranger pass by them, he shall be arrested until the Morning: The use and custom is for Watchmen to examin them; and if they find cause of suspicion in them, then they may keep them till the Morning: If not, suffer him to pass; and whether they be Horsmen, or Footmen, or Drivers of Cattle, or the like; or that shall carry any Burthen on Horseback; the Watch may stay them till the Morning, to justifie themselves, unless they can render a good account, both of themselves, their Com­pany and Carriage; and if any Post come by them, 'tis good to know what number they have, lest Offenders shelter them­selves, and slip away under their Convoy. Dalton, fo. 140, 292.

And Note, That the Constables, &c. are Nota, and Quaere. to be aiding and assisting to these Watch­men on all occasion: But yet methinks there is no reason that the Constables should (as some do) think, that their Word is an unalterable Law, and that if a Person be taken in the Night on their Watch, and they once give order for the carrying him to the Counter, &c. that they cannot upon his Submission, or proof of being a Civil person, call him back or discharge him. For in the Case of an Affray, after the Affray is over, the Constable may [Page 31] set the Affrayer at Liberty again, on his own head: Therefore more reasonably he may in this Case, though in the case of Felony or Suspicion thereof he cannot do it, as is aforesaid.

☞ Fifthly, That the Statutes made for Punishing Rogues, Vagabonds, Night­walkers, and such other idle persons be due­ly put in Execution.

This is a large Branch of the Constables Office, and herein two things are to be known.

• 1. What a Rogue is, and who is to be accounted a Vagabond, &c.
• 2. What is to be done unto them.

Note therefore, That all persons (being Who are accounted Rogues. above the age of 7 years) Man or Wo­man, single or married, That wander from their usual place of abode, every where Begging, or if they do not Beg, if they Wander and Loiter abroad, without a law­ful Pastport, and give no good account of their Travel, are accounted Rogues

But Rogues Va­gabonds and sturdy Beg­gars. these following are of a higher de­gree, and are to be accounted as Rogues, Vagabonds, and sturdy Beggers.

1. Viz. All Scholars and Seafaring­men that Beg.

2. 'Tis Felony without Clergy for Gypsies to remain a­bove a Month in England or Wales. Wandring Persons using unlawful Games, subtle Crafts, or Plays, or pre­tending themselves to have skill in telling [Page 32] Fortunes, by the marks or figures in the Hands or Face, or by casting of Figures, all counterfeit Egyptians (or Gypsies) not being Felons.

3. All Juglers (or slight of hand Ar­tists, pretending to do Wonders, by ver­tue of Hocus Pocus, the powder of Pim­per le Pimp, or the like) Tinkers, Pedlers, petty Chapmen, Glass-men, especially if they be not well known or have a suffici­ent Testimonial.

4. All Proctors, Patent-Gatherers, (ex­cept Proctors in this Sense are Gathe­rers. for Fire) Collectors for Gaols, Prisoners, or Hospitals, wandring abroad, Fen­cers, Bearwards, common Players of En­terludes, and Fidlers, or Minstrels wan­dring abroad.

5. Persons delivered out of Gaols, who beg their Fees, or otherwise do Travel Begging; such as go to and from the Baths, and do not pursue their Licence; Souldi­ers and Mariners, that Beg and counter­feit Certificates from their Comman­ders.

6. All Labourers which wander abroad out of their respective Parishes, and re­fuse to Work for Wages reasonably taxed, having no Livelyhood otherwise to main­tain themselves, and such as go with ge­neral Passports not directed from Parish to Parish.

[Page 33]And note also, That all Servants de­parting out of their Service, that is to say, out of one City, Town or Parish, to serve in another, having no such Testimo­nial as the Statute requires, or producing a false one, are to be punished as Vaga­bonds.

And so are such persons as are sick of the Plague, or infected therewith, and wilfully go abroad in Company, against the command of Officers.

For all these things see, Stat. 29. Eliz. ca. 4. & ca. 17. 1 Jac. ca. 7. 21 Jac. ca. 28. Dalt. ca. 24. Poult. Vag. 2. & 7. Reso­luc. Judic. 13, 15.

Next observe, That Constables, &c. are The Consta­bles, &c. are to appre­hend all Rogues, Va­gabonds, &c. to use their best endeavours to apprehend all such Vagabonds, Rogues, or sturdy Beggars, which shall be found and taken Wandring or Begging within their respe­ctive Precincts under the forfeiture of 10 s. for every neglect.

The same forfeiture is by such private persons as shall not apprehend Rogues, &c. being at their Doors. And if any person bring a Rogue or Beggar to one of these Officers, he is obliged to receive him and punish him according to Law, or he for­feits 20 s. to be levyed by Warrant from 2 Justices. Stat. 39. Eliz. ca. 4. 1 Jac. ca. 7.

The Punishment is after this man­ner.

THe Constable, Headburrough, or Ty­thingman Rogues, Va­gabonds, &c. how to be punish'd. assisted by the Minister and one other of the Parish, is to see (or do it him­self,) That such Rogues and Vagabonds, &c. be stript Naked from the middle up­wards, and openly whipped till their Body be bloody, and then forthwith to be sent away from Constable to Constable the next straight way to the place of their Birth; and if that cannot be known, then to the place where they last Dwelt, by the space of one whole Year before the time of such their Punishment; and if that cannot be known, then to the Town through which they last passed unpunished; and if it cannot be there discovered, where they were Born, or last Dwelt as aforesaid, then are they by that Constable, or rather from Con­stable to Constable to be conveyed to the House of Correction, or common Gaol of the County, to be imployed in Work, or put in some Service, and to be therein con­tinued by the space of one Year: But if they be not of able Body to Work, then that last Town is to keep them till they can be placed in some Almshouse within the same County. 39. Eliz. ca. 4. 2. Bul. 258. Resolue. Judic. Sect. 714.

[Page 35]Note, none are to be sent to the place of their Birth or last Habitation, but wandring Rogues: For those that Beg in their own Parishes or High ways, with­out the appointment of the Overseers, are to be sent to the House of Correction.

Observe further, That after such Va­gabond Rogues and Vagabonds, &c. must have a Te­stimonial. is whipt as aforesaid, he is to have a Testimonial under the Hand and Seal of the Constable or Tything-man, ( &c.) and the Minister, testifying the day and place of his Punishment; as also the place to which he is to be conveyed, and the time limited for his passage thither: And if by his own default he exceed that time, then he is again to be whipped, and so from time to time till he arrive at the place limited: The substance of the Testi­monial is to be Registred by the Minister, in a Book which he is to keep for that pur­pose, on pain of five shillings for every Default. Dalt. fo. 129.

The Form of the Testimonial it self, may be in this man­ner, viz.

And note, That such person as shall in Forfeitures of such as shall disturb or hinder the punish­ment of Rogues, &c. any wise disturb or hinder the execution of this Law, concerning the punishment of Rogues, &c. shall forfeit 5 l. to be levy­ed by Distress; and bound to the good Behaviour, by two Justices, one to be of the Quorum. Stat. 39. Eliz. ca. 4. after Confession or Proof of two Witnesses, Dalt. fo. 149.

And it is said to have been resolved by Forfeiture of the Con­stable for not receiv­ing and conveying Rogues, &c. from Parish to Parish. the Judges at Westminster, soon after the making of this Stat. That where a Rogue is to be conveyed from Constable to Con­stable, the next straight way to the place of his Birth, in such case, if the Con­stable of any Parish will not receive such Rogue, to convey him to the next Con­stable, &c. he forfeits 5 l. and may be [Page 37] bound as aforesaid to his good behaviour. And the penalty is said to be the same if he do receive him or her, and yet doth not convey him or her to the next Con­stable, upon their passage. Resol. of Jud­ges. Sect. 13, 14. Dalt. fo. 128. How and to what places Rogues and Vagabonds ought to be sent and setled. Husband and Wife.

And it is also said to have been then resolved, That if a Rogue say he was born at such a place, and it cannot be made appear to the contrary, he must be sent thither.

So, if the Husband or Wife have a House, and one of them or both Rogue about, they ought to be sent to the Town where the House is; and so of an In­mate. Children under 7 years of age.

Also the Wife and all Children under 7 years of age, being Vagrant, must be sent to the Husband, and if he be Dead, then to be sent with the Wife where she was born, or dwelt last. Children a­bove 7 years of age. Children under 7 years once setled, may not be re­moved.

And Vagrant Children above 7 years old, must be sent to the place of their birth.

And Note, that when such Vagrant Parents with their Children under 7 years of age, be placed at the place of birth of their Parents, or their last Dwelling, if afterwards the Parents or either of them Dye, or run away, yet the Children once setled, must remain there still, and may not be sent to their place of birth, though after they grow to be 7 years old.

[Page 38]The Wife being a Vagrant, ought to Wife. be sent to the Husband, though he be but a Servant in another Town.

The Rogue whose place of birth, or Husband Wife and Children together. Dwelling cannot be known, having a Wife, or Children under 7 years of age, They must all go together with the Husband, to the place where they were last suffered to pass through without punishment; and there the Children must be relieved with the Work of their Parents, though their Parents be committed to the House of Correction.

But its said, Constables are not to post Constables not to post away too hastily such as are sick or great with Child. Incorrigible Rogues. away such Vagrants, (taken by them or sent to them,) that are desperately sick; nor Women ready to be delivered; nor to deliver them to the next Constable after Sun-set. See for these, Dalton Cha. 47. Resol. Jud. Sect. 4. & 5.

Note, That some Rogues are lookt up­on as incorrigible Rogues, as such as shall appear to be dangerous to the inferiour sort of people, threatning or offering any Violence to them, or that will not be re­formed from their Roguish Life, as ha­ving been once whipt and sent home, and do afterwards wander again: Or when they say they were born or Dwelt last in such a place, where in truth it is other­wise. Such as these are accounted incor­rigible Rogues; and all Constables meet­ing such Persons within their Liberties, ought to carry them before some Justice of Peace, there to be ordered by him accord­ing to the Statute.

[Page 39]Punishment of Incorrigible Rogues, is to be Burnt on the left Shoulder, and for the next time 'tis Felony without Clergy. 1 Jac. 7. Threatning to run from their Fami­lies.

Again, all such Persons as shall run from their Families, and leave a charge to the Parish, are to be punished as Incorri­gible Rogues; and if any threaten so to do, unless he give good Sureties for the discharge of the Parish, he may be sent to the House of Correction. See Dalt. ca. 47. Resol. Jud. Sect. 4. & 5.

If the Constable neglect his Duty, he Forfeitures for not ap­prehending Rogues, &c. forfeits 10 s, as before; and such as disturb or hinder the Execution of the Law, for­feit 5 l. as before.

So every Person that shall not appre­hend such Rogues, as he shall see or know resort to his House to Beg, &c. and shall not carry them to the next Constable, shall forfeit 10 s. as before. 39. Eliz. ca. 4. 7 Jac. 4.

Yet any Justice of the Peace may reward Reward for apprehend­ing Rogues, &c. any Persons, who shall apprehend and bring before him any Rogue, Vagabond, or sturdy Beggar, by granting to such Per­sons under his Hand and Seal to the Con­stable or Tything-man of the Place, through which the Rogue did pass unap­prehended, ordering him to give such Per­son 2 s. for every Rogue so taken, on pain of being proceeded against according to the Statutes of 39. Eliz. & 1. Jac. 7. And out of the Mony forfeited by the Con­stable upon the Statute 1 Jac. the Justice [Page 40] may allow the said 2 s. Stat. 13. & 14. Car. 2. ca. 12. which Statute being ex­pired was, 1 Jac. 2. reviv'd for 7 years.

And so, they that apprehend Vaga­bonds, Rogues at­prehended on the Con­fines of a County. &c. at the Confines of a County, which passed through any Parish in ano­ther County unapprehended, may go to a Justice of Peace of that County, where such Rogue, &c. was not apprehended, who upon Certificate from some Justice of Peace of that County, where such Rogue, &c. was apprehended, may grant such Warrants to the Constable to reward them as aforesaid; and in case of the Constables refusal to pay, the Justice of the County through which the Vagabond passed un­apprehended, may cause the Constable there, to pay to such Person or Persons as apprehended him or them, 10 s. or so much thereof for their Expences and loss of Time as he thinks fit, which he for­feited by, 39 Eliz. See Stat. 13, 14, Car. 2. ca. 12. revived for 7 years.

Also Constables, Headburroughs, and How Con­stables are to be repaid their Char­ges in con­veying of Rogues, &c. Tything-men, out of Purse for conveying Vagabonds, &c. to Houses of Correction, or Work-houses, They (the Constables, &c.) the Churchwardens, and Overseers of the Poor, and other Inhabitants in the Parish, may Tax all chargeable by the Stat. 43 Eliz. Chap. 2. which Rate being affirmed under Hand and Seal by two Justi­ces of the Peace, they may levy it by Di­stress and sale of Goods, 13, & 14 Car. 2. ca. 2. See Wing. Abridg. of Stat. Tit. poor People.

[Page 41]Note, This Statute 13 & 14 Car. 2. cap. 12. (Except what concerned the Cor­porations of Workhouses, within the Week­ly Bills of Mortality) was but to continue till the next Session: But 19 May 1 Jac. 2. it was revived for 7 years, and to the end of the next Session▪

Note, That if the Constable or Tithing­men Constables, &c. fined, for not searching for Rogues according to Warrant; and for not giving an Account, how many have been Convicted. neglect to make privy Search for Rogues, upon Warrant from the Justices of Peace, and to appear before the Justices, at their Meeting appointed for that pur­pose, to give an Account (upon Oath) in writing under the Ministers hand, testifying what Rogues, &c. they have taken in that Search, or since the last Meeting; and how many have been punished, or other­wise sent to the House of Correction: Or if they neglect safely to convey such to the House of Correction, as by the said Justices Warrant are to be committed thither, they are to incur what Fine the Justices please to set upon them, so that it exceed not 40▪ s. 7 Jac. 1. cap. 4.

We have spoke before concerning Wan­dring Labourers, refusing to work for rea­sonable Wages, having no other lively­hood.

Yet you may observe, That the Con­stable, Constables may set on work La­bourers, &c. in Hay or Corn har­vest. &c. has power ex Officie to set on work all Artificers, or Mechanick Trades­men, fit to labour by day, upon Request to him made by any person that wants help in Hay, or Corn Harvest. And if [Page 42] they refuse, he may set them in the Stocks two Days and one Night; and if the Con­stable neglect his duty herein, he shall forfeit 40 s. Stat. 5 Eliz cap. 4.

We spoke before of Servants leaving Servant departing from one Service in one Town, to another Service in another Town, &c. without a Testimonial their Services without Testimonial, &c. 'Tis true, these Testimonials now are sel­dom regarded; yet the Law gives a great Penalty in this case. For the Master that retains a Servant without a Testimonial, forfeits 5 l. And every Servant which sheweth not a Testimonial to the Chief Officer in a Corporation, or to the Con­stable, Minister, or Churchwardens, where he is to dwell, may be Imprison'd till he can get one; which, if not procured with­in 21 days; or if he produce a false, he is to be whipt and used as a Vagabond. Stat [...] 5 Eliz. Chap. 4.

These Testimonials, if in a Town Cor­porate, Who must make the Testimoni­als. are to be under the Hands and Seals of the Town, and two Housholders there; and in the Country, under the Seals of the Constable or Constables, and two Housholders there: Which Testimonial shall be made and delivered to the Party, and also Registred by the Minister of the place where the Servant dwelt; for which the Minister is to have Two pence.

Note, No Penalty for not delivering a Testimonial to the Servant.

[Page 43]The Form of the Testimonial is this:

One would wonder how so strict a Law should be so soon disused; but it may be, for that it found a great Inconvenience for a Servant to get such a Testimonial; however, the Law is still in force.

As to this Branch of the Oath that Night-Walkers. concerns Night-Walkers, and such other Idle persons, I have spoke of that before in the Duty of the Constable and his Watch. [Page 44] Yet it is said, That any Private man may arrest Night-Walkers; however, then he must deliver them to a Constable, and they may be bound to their good Behaviour by a Justice.

See 2 E. 3. 6. Dalt. fo. 16. Poult. 18. Lamb. 122.

For the rest of the Idle persons, I think Orchard-Robbers, Hedge-Breakers, Wood-Stealers, &c. we may reckon up such as cut down Wood or Corn, or rob Orchards, and the like. And therefore observe, That all such as shall be convicted before a Justice of Peace, for cutting and taking away of Corn growing, Robbing of Orchards, Breaking Hedges, &c. and their Procurers and Re­ceivers knowing the same; if they cannot make such Satisfaction as the Justice shall think fit, the Justice may then commit them to the Constable to be Whipt, either for the first or second Offence; and if the Constable refuse or neglect to see them Whipt, the Justice may commit him to Gaol till he will do it, or procure it to be done. Stat. 43 Eliz. cap. 7.

And by the Statute 15 Car. 2. cap. 2. Con­stables, Constables may appre­hend sus­pected per­sons. Headburroughs, or other Inhabi­tants in County, City, or Town Corporate, &c. may apprehend whom they suspect having or conveying any Wood, Under­wood, Poles, or young Trees, Bark or Bast of Trees; or any Gates, Stiles, Posts, Pales, Rails, Hedge-wood, Broom or Furze; and by Warrant from a Justice of Peace, the May search suspected Houses. Officers may search the Houses, and other places belonging to those they suspect; [Page 45] and where they find any, may carry per­sons suspected for cutting and taking the same, before a Justice of Peace of the County, City, or Town Corporate; where, if they give not such account how they came by them as doth satisfie the said Ju­stice, or in convenient time to be set by the Justice, produce not the Party of whom they bought the same, or some Witness to depose upon Oath, such Sale shall be deemed as Convicted within the meaning of 43 Eliz. cap. 7. and be liable to the Punishment Punishment therein contain'd: And also for the first Offence, shall make such Recompence, and within such time as the said Justice shall appoint; and pay to the Overseers for the Poor of the Parish where the Offence was committed such Sum, not exceeding 10 s. as such Justice shall think meet; and in default thereof, to be committed to the House of Correction for any time, not exceding a Month; or else to be Whipt by the Constable, &c. and for the second Of­fence, to be sent to the House of Corre­ction for a Month, and be kept to hard Labour; and if convicted of the third Offence, they shall be deemed Incorrigible Incorrigible Rogues. Penalty upon the Buyer of stoln Wood. Rogues. 15 Car. 2. cap. 2.

And if any person buy Wood, &c. of any other justly suspected to have stoln the same, and this be so found upon Examina­tion before a Justice, the Justice may order the Buyer to pay the treble Value thereof to the Party from whom it was taken; and in default of present Payment, make a [Page 46] Warrant to the Constable to distrain for it; and for lack of Distress, to commit the Party to the Gaol, at the Parties own charge, there to remain one Month without Bail or Mainprize. 15 Car. 2. cap. 2.

But non shall be questioned upon this How and when to be prosecuted. Law, that hath been punished for the same Offence by any former Law; nor after six Weeks after the Offence committed, shall any Question thereof be made. 15 Car. 2. cap. 2.

☞ Sixthly, To have a watchful Eye to such as shall keep Common and Unlawful Gaming-Houses; and to such Persons as shall frequent the same.

Every Mayor, Sheriff, Bailiff, Constable, Search for Gaming-Houses, &c. 48 s. and other Head Officer within every City, Burrough or Town, shall make due search, once every Month at least, in pain to for­feit 48 s. for every default, in all such Houses and places where unlawful Games Imprison­ment till Security. shall be used, and may arrest and imprison as well the Keepers of the House, as the Resorters thereunto, until they shall seve­rally give good Security at the discretion of the Justices or such Officers, not to keep such Games any more. 33 H. 8. ca. 9.

And for distinguishing what are unlaw­ful Unlawful Games and Gamesters. Games, and who are unlawful Game­sters, It is Enacted by the said Statute, 33 H. 8. cap. 9. That no Artificer, or his Journyman, no Husbandman, Apprentice, Labourer, Servant at Husbandry, Mariner, [Page 47] Fisherman, Waterman, or Servingman, shall play at Tables, Tennis, Dice, Cards, Bowls, Clash, Coyting, Loggating, or any other unlawful Game, out of Christmass, or then out of their Masters house or presence, in pain of 6 s. 8 d.

But this Act shall not restrain a Servant, by his Masters Licence, to Play at Cards, Dice, or Tables with the Master himself, or other Gentlemen resorting to his Masters House. And if his Master have Freehold of 100 l. per Annum, he may also Licence his Servants to play at Bowls or Tennis. 33 H. 8. ca. 9.

And Note, That all Licences to keep Licenses void. Houses or Places of Unlawful Games, shall be void by Stat. 2 & 3 Phil. & Ma. cap. 9.

☞ Seventhly, At your Assizes, You shall present all Offences contrary to the Sta­tutes, for the restraint of inordinate haunt­ing and Tipling in Inns, &c. for the re­pressing of Drunkenness and profane Swear­ing.

No Innkeeper, Victualler, or Alehouse­keeper, No Ale­housekeeper to suffer Tipling. shall suffer any Town-Dwellers to sit Tipling in his House, in pain of 10 s. nor sell less than a full Ale Quart of the best Ale or Beer, or two Quarts of the small for 1 d. in pain of 20 s. And here the View of one Justice, or proof by one Witness upon Oath, or the Parties own Confession before one Justice, is sufficient [Page 48] Conviction. 1 Jac. 9. And the Oath of Conviction, 1 Jac. 9. 21 Jac. 7. 1 Car. 4. Distress. the Party confessing shall convince any other.

The Penalties aforesaid are given to the Poor of the Parish where the Offence is committed; and are to be levied on War­rant (by the Constable and Churchwarden) by Distress, which after six Days may be sold to satisfie the Penalty: And in de­fault of Distress, the party Delinquent must suffer Imprisonment till he pay the Penalty. Imprison­ment. And here every Officer that neglects to levy the said Penaltie; or certifie (within 20 Days) the default of Distress, shall forfeit likewise to the Poor 40 s. to be Officer forfeits 40 s. levied (upon Warrants) from one Justice, by distress and sale as aforesaid; and upon default of Distress shall incur Commit­ment, as aforesaid.

The Officers, or other Parties receiving Officers ac­countable. these Penalties, shall be accountable to the succeeding Officers, and other Parishio­ners.

One convicted of Drunkenness in Court, One convi­cted of Drunken­ness. or before a Judge or Justice in their seve­ral limits; or by the View of one Justice, or proof by one Witness, upon Oath before one Justice, shall forfeit five Shillings to the Poor, to be levied and employed as the Penalties of 1 Jac. 9. And in case he Penalty. be not able to pay it, shall remain in the Stocks six Hours: And for the second Of­fence Stocks. of Drunkenness may be bound to good Behaviour. 4 Jac. 5. 21 Jac. 7.

[Page 49]Here the Officer that neglects to levy Officer for­feits 10 s. the said Penalty upon Warrant, shall for­feit 10 s. to be levied and employed, as aforesaid. 4 Jac. 5.

A Town-Dweller, which is convict to One convict of Tipling. sit Tipling in any Inn, Victualinghouse, or Alehouse, by the View of one Justice, or the proof of two Witnesses; shall forfeit Ten Groats, to be levied and employed as Forfeiture. aforesaid; and being not found able to pay it, shall remain in the Stocks four Stocks. Hours. 4 Jac. 5.

These Offences, as also those mentioned Where these Offen­ces shall be enquired. in 1 Jac. 9. shall be enquired of, heard, and determined at the Assizes, Quarter-Sessions, in Corporate Towns and in Leets. 4 Jac. 5.

And all Constables, Churchwardens, Officers sworn to prevent them. Headburroughs, Tithingmen, Aleconners and Sidemen, shall be charged on their Oaths to prevent the said Offences. 4 Jac. 5. 21 Jac. 7,

None shall be twice punished for one But one Punishment for one Offence. Offence. 4 Jac. 5.

Vintners within these Acts. Vintners, which do also keep Inns or Victualinghouses, shall be taken to be within these Acts, 1 Jac. 9. 4 Jac. 5. and 1 Car. 4.

The Offenders 4 Jac. 5. to be prosecuted within six Months.

By Stat. 3 Car. 3. none shall keep an Alehouse without License. Alehouse without Licence, in pain to for­feit 20 s. to the Poor, which the Con­stable and Churchwarden (upon Warrant before the Justice) shall levy by Distress, Distress. [Page 50] and (after three Days default of payment) may sell the Distress, to satisfie the Penalty, rendring the Overplus: And in case the Delinquent hath not wherewithal; the said Justice shall commit him to the Constable, Alehouse­keeper Whipt. Officer punisht. to be openly Whipt.

And here the Officer that neglects to execute the Warrant, or to punish the Offender, shall suffer Imprisonment with­out Bail, or pay 40 s. to be employed as aforesaid.

See Dalton's Just. fo. 31, 32. Alridg. of Stat. Tit. Alehouses, &c.

And by 21 Jac. 7 & 10. the Alehouse­keeper shall be disabled for three years, who offends against 1 Jac. 9. and 4 Jac. 5.

And Note, That if a Common Inn­keeper Alehouse­keeper re­fusing to lodge Tra­vellers. or Alehousekeeper will not lodge a Traveller, who profers ready Mony before­hand for his Victuals: In such case the Constable may cause such Innkeeper, or Alehousekeeper, to be Indicted at the next Sessions or Assizes, where the Justices may Indicted and Fined. Damages recovered by the Tra­veller. fine and imprison him.

Or in such case, the Traveller grieved may bring an Action, and recover Damages against the Innkeeper, &c. Dalton fo. 28. 9 Co. 27. b. 10 H. 7. 8.

[Page 51]Next, For the repressing of Profane Swearing.

If any shall Swear or Curse within the Profane Cursing and Swearing. hearing of a Justice of Peace of the County, Mayor, Justice, Bayliff, or Head-Officer of any City or Town Corporate where the Offence is; or shall be convicted thereof by his own Confession, or the Evi­dences of two Witnesses upon Oath, before such Mayor, Justice, or Head-Officer, he Forfeitures. he shall forfeit 12 d. for every time, and the Justice of Peace, or Head-Officer, may thereupon issue out their Warrant to the Constables, and Churchwardens and Over­seers of the Poor of that Parish where the said Offence shall be committed, to levy the sum and sums of Mony by distress and sale of the Offenders Goods, rendring the Overplus (if any be) to the Owner.

And where no Distress is to be had, the Offender set in the Stocks. Offender Whipt. Offender (if above 12 years of Age) shall by Warrant, as aforesaid, be set in the Stocks Three hours; but if he be under 12 years, and shall not forthwith pay the sum of 12 d. per Oath, then he shall be Whipt by the Constable, or by the Parent or Master in the Constables presence. 21 Jac. cap. 20. 3 Car. cap. 4. 17 Car. cap. 4. Dalton 138.

I spoke before of the Constables Autho­rity upon Notice of a Womans being in Adultery; and of a Man and Woman of evil Fame, going to a Suspected house.

[Page 52]☞ I will next set down the Consta­bles Office concerning such as Profane the LORD's-Day: And observe, That in the opening the 5th, 6th, and 7th Branch [...] of this Oath, is set down the Duty of the Constables, as the Matters mentioned in the Abstract of Penal Laws, lately commanded by the QUEEN to be put in Execu­tion.

The Constable, Headburrough, &c. o [...] Penalties upon such as use unlaw­ful Sports and Pa­stimes on the Lord's-Day. Churchwardens, by Warrant from a Justice of Peace (or other Chief Officer of any City, Burrough, or Town Corporate) under their Hand and Seal, against such as use Unlawful Games on the LORD's-Day, as Bearbaitings, Bulbaitings, Enterludes, Com­mon Plays, or other Unlawful Pastimes within, or out of their own Parish, may levy the Penalty of 3 s. 4 d. by distress 3 s. 4 d. and sale of the Offenders Goods, rendring the Overplus to the Owners; and in de­fault of Distress, the Constable is to set the Offender in the Stocks by the space of Stocks. Three hours. 1 Car. 1. cap. 1.

The View of one Justice in the Coun­try, Conviction by View or one Witness, &c. To be pro­secuted within a Month. General Issue. or Chief Officer in a Corporation, or Parties own confession, or the Oath of one Witness, shall be a sufficient Conviction. But the Party offending against this Act, must be question'd within a Month after the Offence committed: And if the Officer be questioned, he shall plead the general Issue, and yet give the special Matter in [Page 53] Evidence. 1 Car. 1. cap. 1. Dalt. fo. 63. Abridg. of Stat. p. 275.

Every person keeping or being present 5 s. forfeited. on the LORD's-Day at any Wrestlings, Shootings, Bowlings, Ringing of Bells for Pleasure, Mask, Wake, Church-Ale, Danc­ing, Game, Sport, or Pastime whatsoever, he forfeits 5 s. if he or she be above 14 years of Age; but if he be under, he forfeits only 12 d. by him under whose Tuition he or she is.

And no Carrier with his Horse, Wag­goner 20s. by a Carrier, &c. with his Wagon, Carman with his Cart, Wainman with his Wain, or Drover with his Cattle, shall Travel on the LORD's-Day, in pain to forfeit 20 s. for every such Offence, 3 Car. 1. cap. 1.

Note, There must be but one 20 s. forfeit for one Journy, though they pass through several Parishes, and the Parish where the Distress is first taken shall have it. See Dalt. fo. 134.

Neither shall any Butcher by himself, or Butcher 6s. 8d. any for him, kill or sell any Victual upon the same day, in pain of 6 s. 8 d. 3 Car. 1. cap. 1.

Here the Conviction of the Offender, Conviction by View or two Wit­nesses, &c. and the levying and employment of the Forfeitures, are the same with those of the former Statute, save only that here two Witnesses are necessary.

This Action shall be prosecuted within six Months; and here also the Officer may plead the General Issue. Stat. 3 Car. 1. General Issue. cap. 1.

[Page 54]And note, That a Churchwarden may levy 12 d. upon such Persons as repair not every Sunday to some Church or Chapel, by 1 Eliz. cap. 2.

But by 3 Jac. 4. he must levy it by War­rant.

By the Act of Indulgence, he may go to Meeting or Conventicle.

See more of this hereafter, in the Duty of Churchwardens.

All Laws in force, concerning the Ob­servation Penalties on such as shall Work or Sell on the Lord's-Day. of the LORD's-Day, shall be put in Execution. None shall do any worldly Labour or Business on that day, (Works of Charity and Necessity only excepted) and all of the Age of 14 years or upwards, offending in the Premisses, shall forfeit 5 s. And no person shall publickly Cry, or 5 s. expose to Sale any Wares whatsoever on that Day, on pain to forfeit them, 29 Car. 2. cap. 7.

Quaere, If selling Drink (called for) be an Exposing of Wares &c.

No Drover, Horse-Courser, Waggoner, Butcher, Higler, or their Servants, shall Drover Higler, &c. 20 s. Travel on that Day, on pain to forfeit 20 s.

No person shall use or Travel on the Boatman and Pas­senger, 5 s. LORD's-Day with any Boat, Wherry, &c. Except on extraordinary Occasion, to be allowed by a Justice of Peace or Head-Officer of the place, &c. on pain to for­feit 5 s. 29 Car. 2. cap. 7.

[Page 55]The Justice of Peace, or Chief Officer of Seizure of Goods ex­posed to Sale. the City, Burrough, &c. before whom the Offender is convicted by View, Confession, or Oath of one Witness, shall give War­rant to the Constables or Churchwardens, to seize the Goods cried or put to Sale, and to sell them, and to levy the other Penalties by distress and sale of Goods; and in case of Inability, &c. to set the Offenders in the Stocks for two Hours. Offender to be set in the Stocks. The Penalties aforesaid, to be employed to the use of the Poor of the Parish where the Offences are committed; saving that any Justice or Head-Officer may out of them reward Informers, so as such Reward Informers rewarded. exceed not a third part of the Penalties, 29 Car. 2. 7.

This Act shall not prohibit Dressing of Toleration for Cooks. Meat in Families, or Inns, Cooks Shops, &c. nor crying of Milk before 9 of the Clock in the morning, or after 4 in the afternoon, 29 Car. 2. cap. 7.

No Persons on the LORD's-Day shall Serving of Process and Arrests. serve any Process, Warrant, &c. (Except in cases of Treason, Felony, and Breach of the Peace,) but such Services shall be void; and the Persons serving the same shall answer Damages, as if they had done the same without Warrant, 29 Car. 2. cap. 7.

Disturbing Preachers.

ANy person Disturbing a Lawful Mi­nister Disturbing of Mini­sters in their Preaching, &c. in Preaching, Praying, or Administring the Sacrament, may be pre­sently apprehended by the Constable or Churchwardens, and carried before a Ju­stice, who may, if he think fit, commit him to safe Custody; and within six Days after with another Justice, if they find the Of­fence proved by two Witnesses, commit Commit­ment. him to the Gaol for three Months, and from thence till the next Sessions; where the Offender giving Security for his good Good Beha­viour. Submission. Behaviour, he may be discharged, otherwise to be continued in Prison till he make sub­mission.

And note, That if any person rescues such Rescuing the Offen­der 5 l. an Offender, he shall suffer Imprisonment, and also forfeit 5 l. And also the Inhabi­tants of the place, if they suffer him to escape, forfeit 5 l. if they be presented at the County Sessions, Stat. 1 Mar. Sess. 2. cap. 3.

Some think this Statute is repealed by 1 Eliz. cap. 2.

See Dalt. fo. 103, 104.

But it is taken notice of in the Abstract of the Laws, which its said Her Majesty lately commanded to be put in Execution.

See more hereafter, of Disturbing a Pro­testant Dissenting Minister.

Popish Recusants.

POpish Recusants, above 16 years of Popish Re­cusants. Age, shall within 40 days after their Conviction repair to their usual Dwelling, and not remove above Five miles from Not to re­move five Miles from their dwel­ling, &c. thence, in pain to forfeit all their Goods, and Lands, and Annuities during life. And if they have no certain abode, then they are to repair to the place where they were Born, or where their Father To give in their Names to the Con­stables, &c. or Mother dwells; and within twenty days after their Arrival there, to give their Names in writing to the Minister, Con­stables, and Headburroughs; which Mini­ster is to enter them in a Book to be kept for that purpose; and he, together with the said Constables and Headburroughs, are to certifie the same to the next Quar­ter Sessions, where the Justices of Peace, shall cause them to be Inrolled.

See Wing. Abr. Stat. tit. Crown, 35 Eliz. cap. 2.

The Constables and Churchwardens of Constables to present Popish Re­cusants at the Sessions. every Parish, or one of them (or if there be none such, then the High Constables of the Hundred there) are once every Year to present at the General Sessions of the Peace, the Monthly absence from Church of every Popish Recusant, and the Names of their Children, being above the Age of Nine years, abiding with their said Parents, and of their Servants, toge­ther [Page 58] with the Age of their Children, as near as they can know them, on pain to On Penalty of 20 s. forfeit respectively for every such default 20 s. Which Presentment, the Clerk of the Peace or Town-Clerk shall Record without Fee, on pain of 40 s. 3 Jac. 1. ca. 4. Abr. Stat. tit. Crown.

If the Minister, Petty Constables, or Recusant refusing to take the Oath. Churchwardens of any Parish, or any two of them shall complain to a Justice of the Peace, of any person suspected of Recu­sancy, such Justice may tender the Oath of Allegeance to the Person suspected; and if he refuse to take it, may commit him to Gaol till the next Assize or Sessions: Where, if he again refuse, he incurs a Pre­munire; but if the Person suspected be a married Woman, she shall only be con­tinued in Prison without Bail till she take the said Oath, Wing. Abr. tit. Crown, 7 Jac. cap. 6. Dalt. fo. 10.

Note, That by a late Act 1 W. & M. the old Oaths of Allegeance and Supre­macy are taken away, and new Oaths ap­pointed.

Conventiclers.

EVery Constable, Headburrough, Ti­thingman, Constables must levy Fines, &c. upon fre­quenters of Conventi­cles. Churchwarden, and Over­seers of the Poor, are authorized and re­quired to levy the Fines assessed by the Justice of Peace upon those who shall be present at unlawfūl Conventicles, upon their Goods and Chattels (having first received a Warrant under the Hands and Seals of one or more Justices or Chief Magistrate) and forthwith to deliver the Mony so levied to the same Justice of Peace, or Chief Magistrate, 22 Car. 2. cap. 1.

If any Constable, Headburrough, Ti­thingman, Constables must in­form of Conventi­cles on Pe­nalty of 5 l. Churchwarden, or Overseers of the Poor, shall know or credibly be in­form'd of any Conventicle within his Pre­cinct; and shall not thereof inform some Justice of Peace, or Chief Magistrate, and endeavour to Convict the Parties, but neg­lects his Duty, he forfeits 5 l. to be levied on his Goods, 22 Car. 2. cap. 1.

And the said Officers, being Constable, May break open the Doors, to search for Conventi­clers. Headburrough, or Tithingman, may (upon a Warrant from one or more Justice or Justices, or Chief Magistrate) with what aid, force and assistance they think fit, (after refusal or denial to enter) break open into any House, or other place, where they shall be inform'd any Conventicle is held, as well within Liberties as without, [Page 60] and take into their Custody the persons there unlawfully assembled, to be proceeded against according to this Act.

But no Peers House is to be searched; Peers House unless in presence of a Lord Lieutenant, or two Justices of the Peace, whereof one to be of the Quorum.

And Note, That the Penalties for a Mar­ried Wives Pe­nalty le­vied on Husbands Goods. General Issue. Woman, (living with her Husband) shall be levied on the Goods of the Hus­band.

And any Person Sued for acting by this Law, may plead the General Issue, and give the Special Matter in Evidence, and shall recover treble Costs, 22 Car. 2. cap. 1.

But Observe further, That now Their Exceptions by Act of Indulgence to Dissen­ters. Majesties Protestant Subjects, dissenting from the Church of England, and quali­fied according to the late Statute of Indul­gence, are exempted from Penalties.

See Stat. 1 W. & Ma. 24. Maii, 1689.

Provided no Popish Recusant have any Not to ex­tend to Popish Re­cusants. benefit.

Provided also no Congregation be al­lowed until the place of Meeting be cer­tified to the Bishop, or Arch-Deacon, or Justice of the Peace, &c.

And provided, That if any Assembly of Dissenters not to keep their Meet­ing House Doors lock'd or barr'd, &c. Persons, dissenting from the Church of England, shall be had in any place for Religious Worship, with the Doors lock'd, barr'd, or bolted, during the time of such Meeting together: All and every Person [Page 61] that shall come to, and be at such Meet­ing, shall not receive any benefit from this Law, notwithstanding his taking the Oaths, and making and subscribing such Declarations, &c. as are in the said Act contained, 1 W. & M. 24 Maii, 1689.

☞ You shall true Presentment make of all Bloodshedding, Affrays, Outcries, Rescues, or other Offences committed or done against Their Majesties Peace, within your Limits.

This Branch explains it self; and it is When and where Con­stables must make their Present­ments. the Duty of High Constables, and Petit Constables to attend upon, aid and assist, and execute the Warrants of the Judges of Assize, at their Assizes and Gaol-Delivery, and the Justices of Peace at their General and Special Sessions, and other Meetings, and there (upon Oath, and in Writing, if it be required) to make Presentment to them of things within their knowledge against the Peace, and of such other things as are usually contain'd in Articles exhi­bited to them for that purpose: As con­cerning Felons, Hue and Cry, Watch, Punishment of Rogues, Labourers, Ser­vants, Apprentices, Idle and Suspected persons, the Assize of Bread and Beer, Weights and Measures, Bridges in Decay, Alehouses, Licensed and Unlicensed, Gaming-Houses, harbouring Rogues, Tip­ling and Drunkenness, unlawful and Unsealed Measures, Defect of Highways, &c. [Page 62] and if they be Charged, they must give Account to all the Particulars of their Office; and for any neglect or fault therein, Justices may punish them by Indictment or otherwise, as in other like cases of neglect or contempt of them.

Note, Most of these Things, especially those which are common Nusances; as corrupting the Air, Water, or Victuals, by Filth or Carkasses, &c. stopping of the way and passage, Deceit in Weights, Mea­sures, &c. Counterfeiting of Wares, and the like, the Constables, &c. are to present at Leets, and give Information of the Offenders, to the intent they may be pu­nished as the Law requires.

See Bacon's Cases, p. 28.

☞ Ninthly, You shall well and duly execute all Precepts and Warrants to you directed, from the Justices of Peace and others, who have Authority in this County.

First observe, That its said a Justice of How the Constables ought to execute the Justices Warrants. Peace, may direct his Warrant to the She­riff, Bayliff, Constable, Headburrough, Tithingman, or any other Officer, or any other indifferent Person by Name, though he be no Officer.

See Dalt. fo. 332. 14 H. 8. 16.

But some Acts of Parliament limit the Officers, to whom he shall direct his War­rant, &c.

[Page 63]Secondly, Note, That generally where a When a Ju­stice makes his War­rant beyond his Power, &c. Justice of Peace hath Jurisdiction and Autho­rity in the matter, though he make his War­rant something beyond his power, yet is not the Constable, &c. to dispute it, but must Execute it, and he shall be Excused; as for Example, If the Justice make a Warrant to arrest a Man for the Peace or good Behaviour, &c. and there is no cause for it, yet the Officer shall not be punish­ed for Executing the Warrant. But it is otherwise, where a Justice of Peace makes his Warrant for something to be done out of the Jurisdiction of the Justice, or where­in he is no Judge; and here the Officer may be punished if he Execute it, and therefore may very well disobey it. And it behoves an Officer at his Peril, to take notice of the Authority and Jurisdiction of the Justice. Dalt. fo. 334. Lamb. 67, 94. Cromp. 74. 14 H. 8. 16. 10 Co. fo. 76.

Neither ought an Officer to obey a Notorious mistakes in a Warrant. Warrant that has apparent and notorious mistakes in it, as if it command him to levy of a Man 5 l. because he was Tip­ling in an Ale-House, or had Sworn an Oath, or the like, where the Penalty a­mounts not to a tenth part, or if it re­quires the Constable to do something not within his Precincts: But otherwise where it is regular; The Officer to whom such Warrant is directed, ought with all speed and secrecy to Execute it. Dalton fo. 332.

[Page 64]And Note, a sworn Officer, as a Con­stable, Constable not obliged to shew his Warrant. &c. needs not to shew his Warrant to any man, when he comes to serve it up­on him, although he require it; yet he ought to acquaint the Person with the Contents thereof; and such as is no sworn Officer ought to shew his Warrant on Demand, otherwise the Party may chuse whether he will obey it. Dalt. fo. 332. Bro. Faux Impr. 23. 6. Co. 54. 9 Co: 68.

But 'tis said, That if the Officer say to Officer gives sufficient no­tice by these words I ar­rest you, &c. Party I arrest you in the Kings Name, &c. That is a sufficient notice what he is, and in such case, though the Party knoweth he is no sworn Officer, he ought at his Peril to obey him; and if the other hath no lawful Warrant, the Party grieved may bring an Action of false Imprisonment a­gainst him. Dult. fo. 333. 9 Co. fo. 69.

If a Constable, or other Officer arrest a Constable makes an arrest first, and then procures a Warrant. man, before he has his Warrant, though afterwards he procure one to arrest the party for the same cause, yet is it a wrong­ful arrest, and the Officer is subject to an action of false Imprisonment. Dalt. 333. Lamb. 93. Dyer 244.

If a Constable, &c. after he hath ar­rested Constable takes the Offenders word for his appearance. the party, by virtue of his Warrant, lets him at Liberty upon his promise, that he will come again at another day, and go with him to the Justice, and if the par­ty comes not at the day appointed, The Constable in this case cannot take him a­gain upon the same Warrant, because he [Page 65] went at Liberty by his consent; but if he had escaped of his own wrong without the consent of the Officer, in such case its said, the Officer may make fresh Suit and take Fresh Suit. him again, and though he run out of sight, or fly into another Town or County, he may bring him back before the Justice that granted the Warrant on which he first arrested him. Dalton fo. 333, 340. Cromp. 148, 172, 173, 214. Vid. antea, concerning Escapes.

Its said, That if there be two or three 3 Persons of one Name, and the wrong man is arrested. Quaere of this. Constable takes the Offender, whose name was mista­ken in the Warrant. Persons known by the Name of A. B. of C. Gent. and a Warrant is granted against one of them, wherein the wrong Person is arrested, in such case false Imprisonment will not lye. Dalt. 333. 11 H. 4. fo. 90. 5 E. 4. fo. 51.

But where a Warrant is granted, against A. B. Son of E. B. and the Offi­cer takes A. B. Son of J. B. who in truth is the right Person that offended, and was complained of; yet the arrest is wrongful, and the Officer lyable to an action of false Imprisonment. Dalton 333. 10 E. 4. 1. Bro. 38.

It has been held, That a Justice of Peace Warrant a­gainst a Fe­lon. cannot make a Warrant to arrest a Felon, unless he be first Indicted of Felony, or that the Justice himself hath a suspicion of the Felon. But yet if the Constable or other Officer do execute the Warrant he may justify it, though there was Error in the Justice. 14 H. 8. 16. Bro. Peace. 6 & Faux Imp. 8. Dalt. fo. 331.

[Page 66]Note, it is said before, That a Con­stable, Nota. Ex Officio may upon suspicion or in­formation arrest a Felon.

Yet its said, that common Fame and One arrested for Felony, and none done. Voyce is not sufficient cause to arrest a man for Felony, unless a Felony be done indeed. But where a Hue and Cry either by the Common Law or Statute is Levyed upon a Person, the arrest of him is lawful, though the Hue and Cry be feigned. And Hue and Cry feigned. if it be feigned, he that Levies the same may be arrested, fined, and Imprisoned. 29 E. 3. 9. 38 E. 3. 6. 3d part Co. Inst. fo. 118. 21 H. 7. 28.

Note, That a Constable or other Offi­cer, Where the Constable may break open the House. upon a Justices Warrant for Treason, Felony, and the like, or in any other case, where the King is a Party, may by vertue of the Warrant break open any House to arrest the Offender, having first signifyed the cause of his coming, and required them to open the Doors. 5 Co. fo. 9. Cromp. 171. Dalt. fo. 204, 205, 333.

Note also, That if any Person shall a­buse Punishment of such as abuse the Justices Warrant. the Justice of Peace his Warrant, either by throwing it into the Dirt, tread­ing it under Feet, burning it, or the like: Such person for such his Contempt, may be bound to his good Behaviour; and may also be Indicted and fined for the same, for it is the Kings Process. Cromp. 149. Dalt. fo. 334.

Note also, upon a General Warrant, Before what Justice the Offender must be car­ried. The Constable may chuse his Justice, but where the Warrant runs only to bring the [Page 67] Party before the Justice granting it, Then the Constable must carry him before that Justice and not elsewhere.

Lastly, Observe, That a Person commit­ted Offenders committed to Gaol must bear their own Char­ges. to Gaol, ought to bear his own charges, to be levyed of his Goods and Chattels, by a Justices Warrant for that purpose; but if he have not Goods, then the Parish where he was apprehended is to bear the charge of conveying him, by an indifferent Asses­ment, by the Constable and Church-War­dens and two or more of the Inhabitants, allowed of by a Justice of Peace. And the Gaoler is bound to receive the Prisoner freely, without taking any thing of the Officer that brings him. See Stat. 3. Jac. 1. Chap. 10.

☞ Tenthly, You shall well and truly 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.

This is the last Branch of the Con­stable's Oath, and extends to all other things belonging to his Office. Therefore I shall next endeavour to set them down in order for your Instruction.

Taxes and Aid-Mony.

BY an Act 2 W. & M. for granting an Aid to Their Majesties of the Sum of 1651702 l. 18 s. viz. 137641 l. 18 s. 2 d. by the Month, for 12 Months, from 25 De­cemb. 1690.

[Page 78]Constables are to assist the Collectors to Constables to distrain and break open Houses, &c. Distrain, and in the Day time to Break open the Houses, and (upon Warrant from two or more of the Commissioners) the Chests, Trunks, &c. where the Goods are of such as refuse to pay their Assess­ments.

That where the Lands or Houses are How to di­strain when the Houses, &c. are unoccupied. unoccupied, and no Distress to be found, and thereby the Parish, &c. charged; the Collectors, Constable, or Tithingman of the Parish, Place, or Constablewick, at any time after may enter and distrain upon the Lands or Houses; and the Distress, being the proper Goods of the Owner of the Land, &c. if not redeemed within four days, by payment of the Tax and charge of Distress to sell, rendring the Overplus; and to distribute the Distress, proportiona­bly to the Parties who contributed to the Tax of the said unoccupied Lands.

If Wood-lands be Assess'd, and no Di­stress How to le­vy the Tax upon Wood­lands. to be had, the Collector, Constable, &c. may by Warrant from two or more of the Commissioners of the Hundred, or Division, at seasonable times in the Year, cut and sell so much Wood as will pay the Assessment behind, and the charge inci­dent thereunto, rendring the Overplus; and the Party to whom it is sold, may sell, cut down, and dispose of the same to his own use.

[Page 79]If the Assessment be upon Tithes, Tolls, How upon Tithes, Tolls and An­nual pro­fits. or Annual Profits, not distrainable, and not paid within 15 Days after demand; the Collector, Constable, &c. by like Warrant from the Commissioners, may seize and sell so much of the Tithes, Tolls, or other Profits so charged, sufficient for the Tax and Charges occasioned, rendring the Overplus, &c. 2 W. & M.

Quartering Souldiers.

NOte, That Constables, Headburroughs, Souldiers, how to be Quarter'd. and other Chief Officers of Towns and Villages within England, Wales, and Berwick, and no others are to Quarter and Billet Officers and Souldiers in Their Ma­jesties Service in Inns, Livery-Stables, Ale­houses, Victualing-houses, and all Houses selling Brandy, Strong-Waters, Cyder, or Metheglin by Retail, to be drunk in their Houses, and no other; and in no private Persons whatsoever.

And if any Constable, &c. shall Quarter Souldiers upon any private House, without consent of the Owner, he shall be liable to the parties Action for Damage.

[Page 104]If any Military Officer shall take upon him to Quarter Souldiers otherwise, or abuse the Mayor, Constable, &c. or me­nace them to discourage them in their Du­ty, by this Act, such Military Officer shall be Ipso facto cashierd.

Note, The Conviction by two Witnesses before two Justices of the Peace or more next adjoyning, are to pay it to the High Constables upon the forfeiture of 20 s.

They are also in the same manner to For Releif of Prisoners levy such Rates as are made for the Re­lief of the Prisoners in the Kings. Bench, and Marshalseas, and also of Hospitals and Alms-Houses, and for Releif of the Poor in their County, and this they must like­wise pay to the High-Constables, on for­feiture of 10 s. Stat. 43 Eliz. cap. 3.

See after in the Duty of High Consta­bles, Chap. 22.

About the Seats in the Church.

THe Churchwardens are to Repair the To Repair the Seats in the Church. Seats in the Church; but the Or­dinary or Bishop of the Diocess ought of common Right, to place or displace such as shall sit therein.

Except such Seats in Chapels, as belong Prescrip­tion for Seats. to Noble-men; and such other Seats, as any Person can prescribe to fit in by reason of his Estate, descended from his Ance­stors, &c. But then he must prescribe, That he and his Ancestors, whose Estate he hath, had used to Repair such Seat, &c. and to sit there, Roll's Cases 2d part, fo. 288.

These Churchwardens also, by the Com­mon To Repair the Bo­dy of the Church, &c. Law, are to see to the Repairs of the Body of the Church and Steeple; but the Chancel is to be Repaied by the Parson. [Page 117] And the Churchwardens are not bound to Repair any part of the Church or Isle, which any man claims by Prescription, to Prescrip­tion. Church­yard. him or his House.

Also they are to take care, That the Church and Church-yard be kept clean and decent.

Also to provide Books of Common-Prayer, To provide Ornaments and other Requisites. Books of Homilies, a Parchment-Book for Registring Christnings, Wed­dings and Burials.

Also, Fonts, Pulpits, Tables, Alms▪ Chests, Communion Cups, and other Or­naments and Furniture requisite; and a Chest with three Locks and Keys wherein to keep the same.

Also Bread and Wine for the Sacrament, according to the number of the Commu­nicants, 37 H. 6. 30. 12 H. 7. 10.

Now for defraying the Charges of these Church­wardens make Rates, &c. things, the Churchwardens (with the assent of the Major part of the Parishioners) usually impose Rates upon the Parish.

But its said, That if the Parishioners (upon publick Notice for that purpose given them) do not assemble, the Church­wardens and Overseers of the Poor, or the greater part of them, may make the Rate.

See 5 Co. Rep. fo. 65.

But here Note, That persons are How the Parishio­ners are chargeable. chargable towards the Reparations of the Church, in respect of their Lands.

[Page 118]And toward the Church Ornaments, and other Requisites for Worship and Service, in respect of their Dwelling, or Habita­tion, or Personal Estate,

See Roll's Cases 2d part, fo. 291.

• The Walls of the Church, and Church
  What are accounted Church-Re­parations.
  Steeple.
• The Church-yard Walls, of Stone or Brick, &c.
• The Windows, Iron-Bars and Glass.
• The Roof of Timber, with Laths, Nails, Priggs, Dogs and Bolts of Iron.
• The covering of Lead, Tiles, Slates, or Shingles.
• The Floor with Stone, or Paving-Tile.
• The Doors with Locks and Keys, Stairs, Floors, Bells, Wheels and Ropes in the Steeple.
• The Pulpit and the Pews (or Seats, not made by Private men by Custom.)

All these are to be done by Land-Rate, Land Rate. though the Occupier of such Lands live in another Parish.

• The Communion-Table, and Coverings
  What are accounted Church Or­naments, &c.
  thereof.
• The Communion-Cups, the Bread and Wine.
• [Page 119]The Bible, and other Books appointed to be kept in Churches.
• The Surplice, Pulpit-Cloth and Cushion, Washing the Communion-Cloaths and Candles.
• The Clerks and Sexton's Wages, and the Expences of Churchwardens and Sides­men, about the necessary Affairs of the Parish.
• And all these are to be Rated upon the Inhabitants of the Parish, and not on Out­dwellers.
  Out-dwel­lers.

Churchwardens are to make Presentments Present­ments. according to the Articles delivered them, and according to the Canons.

They are to see, That all their Parishi­oners That the Parishio­ners resort to Church. resort to Church Sundays and Holy­days.

They are not to permit any to stand Idle, Walk, or Talk in the Church-yard, &c. Can. 19.

Vide the late Act of Indulgence, & vide antea.

They are to suffer no Plays, Feasts, To suffer no Plays, &c. in the Church. Drinkings, &c. or other prefane Usage to be kept in the Church, Chapel, or Church­yard; nor the Bells to be Rung without good cause, to be allowed of by the Mini­ster and themselves. Can. 88.

They are to suffer no man to Preach Licence to Preach. within their Churches or Chapels, but such as shall shew their Licence; and also to see that the Peace be duly kept in the [Page 120] Congregation; and that all Persons Ex­communicated Excommu­cated Per­sons. Church­wardens to Account. be kept out of the Church, Can. 50, & 85.

At the end of their Year, or within one Month after, they are to give a just Ac­coūnt of what they have received and disbursed, and to deliver up what Mony, or other things belonging to the Church, they have remaining in their hands, to their Successors by Bill Indented: And if they refuse so to do, they may either be Presented at the next Visitation Court; or else the succeeding Churchwardens may have an Action of Account against them Action of Account. Allowances. for the same at Common Law: But they shall be then allowed all necessary Dis­bursments and Expences about the Affairs of the Parish, Can. 89. 8 Ed. 4. fo. 6.

In some Cases, Churchwardens are joyntly concerned to act with other Officers, or else equally impowr'd with them.

First, They are to joyn with Constables, In what Acts Church­wardens must joyn with Con­stables. in Apprehending such persons as Disturb Ministers, in levying Forfeitures for Swear­ing or Cursing; or for killing Hares, Phea­sants, or Partridges.

As likewise for Tipling and Drunken­ness, Profaning the Sabbath, destroying Fish unlawfully, levying 12 d. for not coming to Church every Sunday, &c.

Also in making Rates for maimed Soul­diers or Mariners, and conveying Prisoners to Gaol; seizing Irish Cattle, receiving [Page 121] Rogues brought to them and passing them away.

In Choosing Surveyors, and appointing Days for Working in the Highways, &c.

Which things are before set forth in the Office of The Constable.

Secondly, They are to joyn with the In what Acts they must joyn with the Overseers of the Poor. Overseers of the Poor in the Execution of their whole Office, and have an equal Authority and Charge with them therein. The Particulars whereof are set down in the next Chapter.

Concerning Rates, and Setling of the Poor.

FOr Enabling these Officers to relieve To make Rates, and how. the helpless Poor, It is Enacted, That they (or the greater part of them) may weekly, or otherwise, raise by Taxation upon the Occupiers of Lands, Houses, Tithes, Coal-Mines, saleable Underwoods, &c. [Page 126] in their Parish such Rates as they shall think necessary: Which Rate or Tax must be allowed by two Justices (one to be of the Quorum,) by virtue of whose Warrant these Officers may levy the Rates by Distress, on the Goods of such as refuse to pay: And for want of Distress, the party Distress. Imprison­ment. Who are chargeable with these Rates. may be committed to Prison till payment, Stat. 43 Eliz. c. 2. Dalton fo. 97.

Note, These Rates ought to be made according to mens Visible Estates, either Real or Personal, within the place only, and not for any Estate they may have elsewhere: And the Tenants and Occupiers are only chargeable, and not the Land­lords; except they hold the Land in their own hands, 1 Bulstr. fo. 354.

All Lands are chargeable with these Lands, how chargeable. Rates by the Pound, or according to the Value; and an Hundred Pounds in Stock or Goods, at 5 or 6 l. a year, and so pro­portionably.

The Quarter Sessions will relieve such Relief. as are grieved by these Rates or Taxes.

As to keeping out of, and Setling Poor people in the Parish, observe these things:

1. THat 40 Days residence quietly in Forty Days Settlement, how to be accounted. a Parish, is accounted a Legal Settlement by Stat. 14 Car. 2. cap. 12. but Stat. 1 Jac. 2. which revives the other Sta­tute for 7 years, and to the end of the [Page 127] next Session, directs, That the 40 Days shall be accounted from the time of No­tice of their abode (which the Parties are bound to give) in Writing to the Church­wardens, or Overseers.

2. By the Statute 14 Car. 2. cap. 12. If a Coming to dwell in a Tenement under 10 l. per Annum. Stranger come into a Parish to dwell in any Tenement, under Ten pounds a Year, and refuse to give Security to discharge the Parish; any two Justices (one to be of the Quorum) on Complaint of the Church­wardens or Overseers within the 40 Days, may send him to the place where he was last Legally settled. And such as find them­selves grieved, may appeal to the Sessi­ons.

But Note, That any person may go Going a­broad by Certificate; to work above 40 Days. abroad to work in Harvest, or other Em­ployment, with a Certificate from the Mi­nister, one Churchwarden and one Over­seer, that he is a setled Inhabitant in their Parish: And if in such case he fall Impotent, after he hath been in a strange Place above 40 Days, he may be return'd to the first Parish; for his stay in the other shall be counted no Settlement.

Persons refusing to go, or not remaining in the Parish where they ought to be settled, may be sent by the Justices to the House of Correction, 14 Car. 2. 12.

Some Cases about Settlements, &c.

A. Having a Wife and Children, takes A Family illegally turn'd cut of the Pa­rish. a House in the Parish of B. for a Year, and in that Year is wrongfully turn'd out of possession, and thereupon takes a House in another Parish; out of which he is also put within two or three Days, and thereby wanting a place to shelter him, gets into a Barn in another place, and there his Wife is Delivered of another Child: In this Case its said, they are all to be sent to the Parish, out of which they were first Ille­gally forced, Resol. of the Judges, Sect. 24.

One Born at A. left that place 10 years, An Inha­bitant be­coming Vagrant, how to be setled. and lived in B. taking a House and paying Rent there for two or three years; and afterwards left that place also for six or seven years, and then came to C. in another County, and there was 20 weeks at work; but becoming Impotent, did wander and beg, and being taken as a Vagrant, It was or­dered, That he should be Pass'd and setled at A. where he was Born, 1 Bulstr. fo. 357.

And here Note also, That no man but a Vagrant Beggar sent to the place of his Birth. Others to the House of Corre­ction. Vagrant Beggar ought to be sent out of any Parish, to the place of his Birth or last Habitation; for if any refuse to work in the Parish where he is setled, or to work for the Wages assess'd, the Justices are to send him to the House of Correction, Dalt. fo. 126. 39 Eliz. cap. 9. 1 Jac. cap. 7.

[Page 129]And Note also, That if any Disturbance Disturbing a lawful Settlement. be made to any Settlement, lawfully Or­dered by the Justices, either by the Con­stables refusing to receive and convey a Rogue, where they ought to do it: Or by the Churchwardens and Overseers of the Poor, in refusing such a one as is duly sent to be setled there. In such case they forfeit Forfeiture. 5 l. by Stat. 29 Eliz. cap. 4.

A. lives in a House at B. with his Chil­dren; Lives in one Town, Works in another. but works in C. being hired there by the Year: In this case its said, his Children are setled in B. and not in C. in case of A's Death.

If a Woman unmarried be hired in one Child got in one place, born in another. Parish, and there got with Child; and then goes into another Parish, and is there set­led in Service, or otherwise, for two or three Months, and then is found with Child, and Deliver'd: In this Case, Its said, she and her Child shall be setled in this Parish where she is, and not be sent to the Pa­rish where the Child was begotten, Resol. Judic. Sect. 12.

Concerning Bastard Children.

OBserve further, That the two next Ju­stices Punishing the Mother of a Ba­stard-Child, &c. may take order, as well for the Punishment of the Mother of a Bastard-Child; as also to compel her and the re­puted Father, to save the Parish harmless by allowing Mony weekly, and may Impri­son him or her, if that Order be not per­formed. [Page 130] The Justice also (to discover the truth of the Matter) may examin the Mother upon her Oath, concerning the Fa­ther of the Child, Dalt. fo. 37, & 38. 18 E­liz. cap. 3. 7 Jac. cap. 4.

If a Woman be Deliver'd of a Bastard-Child Bastard born in one Parish, and carried into another. in one Parish, and then goes into another Parish with her Child: In this Case the Child, after it is Nursed, is to be sent to and setled in the place where it was born, and not to remain with the Mo­ther, Resol. Judic. Sect. 21.

If A. have a Bastard-Child by B. born Bastard-Child, kept 10 years with the reputed Father, how to be setled after the Fathers death. in D. and the reputed Father marries ano­ther Woman, and they breed the Child 10 years in the Parish of S. (the Mother of the Child being a single Woman, and in Service all this while) and then the re­puted Father dies: In this Case its said, the Child is to be sent to the Mother first, to be maintained by her, if she be able; and if not, it must be kept by the Parish of S. where it was setled 10 years with the Father, 2 Bulstr. 350.

Concerning the Putting forth, and Binding Apprentices.

FOr the doing of this, It must be ob­served: What poor Children may be put out Appren­tices.

First, That they are to be such Peoples Children, whose Parents are unable to maintain them; and to be done with the consent of two Justices, Stat. 7. Jac. cap. 3.

[Page 131]Secondly, That the Children so put forth, Of what Age they ought to be and how long to be Bound. ought to be above seven, and under fifteen years of Age, when they are first Bound; and they may bind the Man-child till 24 years of Age, and the Woman child till 21 years of Age, or that she shall be married, which shall first happen, 43 El. 2. Dalton fo. 83.

Thirdly, These Officers may (with the What per­sons may be compell'd to take such Apprenti­ces. help of the Justices) compel any man whom they think fit within the Parish, to take a Poor mans Child, with Mony or without, as they see occasion, Resol. Jud. Q. 1.

And if the Master and Officers cannot agree, the Justices thereabouts, or in their defaults, the Sessions must end the Matter, Dalt. fo. 95. Res. Jud. Quest. 2.

Fourthly, They may put them to Wea­vers, Tradesmen, Husband­men, Hous­wives, Gen­tlemen, &c. Masons, Dyers, Fullers, or any other Trade, as well as to Husbandry or House­wifery: And if all Men that have, or may have use for Servants, whether Knights, Clergymen, Gentlemen, Yeomen, or Trades­men, are bound to take Apprentices: And if they be Rich, though they Table them­selves, and alledge that they have no occa­sion for Servants; yet they may be forced either to take them, or give Mony towards the Placing of them with others: And if they refuse to pay the Sum imposed upon them, two Justices of Peace may make Warrants to levy the same by distress and Distress. sale of the Offenders Goods. Or they may Present and Indict such as refuse to take Indictment. such Apprentices, at the Assizes or Sessions [Page 132] of the Peace, Stat. 43 Eliz. cap. 2. Dalton fo. 83, 95. Res. Jud. Quest. 4.

So may the Parents of the Children be The Parent of the Chil­dren In­dicted. Indicted, if they (not being able to bring them up honestly) refuse to part with them; or if they shall entice their Children away after they are bound, Dalton Just. P. fo. 78, & 96.

If the Children shall refuse to go to be The Chil­dren sent to the House of Corre­ction. To be Bound by Inden­ture, and how. Apprentices, when ordered, the Justices may send them to the House of Correction, till they shall be content to be bound, Dalt▪ ut supra.

Note, these Apprentices must be bound by Indenture; the Indenture to be made between the Justices, Churchwardens and Overseers of the Poor, and the Apprentice of the one part, and the Party that takes the Apprentice on the other part. Or it may be said, to be with the consent of the Justices.

The Form whereof is as followeth:

Let the Churchwardens, Overseers, and Apprentice, seal and deliver one part to the Master: And let the Master seal the other part to them.

And it may be the better to get the two Justices to signifie their Consent, by Indors­ment on the Backside of the Indentures.

Note, that Mayors, Bayliffs, or other Head Officers of Corporate Towns, have in their several Precincts like Authority, as the Ju­stices of Peace have in the Counties, for all the uses and purposes in this Act: And the like hath every Alderman of every Ward in the City of London, Stat. 43 Eliz. cap. 2.

Note, this Placing of Apprentices may be to any Man, or single Woman, or Wid­dow, whom the Officers and Justices think fit to receive them, either to learn a Trade, or Husbandry, or Housewifery.

And note, That all such as are bound Such In­dentures are safe. to the Overseers, &c. as aforesaid, may safely be received and kept as Apprentices, by their Masters or Mistresses, to whom they were so bound, 1 Jac. 1▪ cap. 25. 21 Jac. 1. cap. 28. 3 Car. 1. cap. 4.

[Page 135]By the Stat. 7 Jac. 1. cap. 3. Mony given How Mony given to put out▪ poor Chil­dren, shall be employ'd. to put out poor Children Apprentices, is to be employed by the Corporation, or Parson, Constables, Churchwardens, and Overseers, accordingly, on pain that every of them forfeit five Marks. And the Person that takes Mony with such Apprentice, shall give Bond to repay it at seven Years end, or within three Months after: Or, if the Apprentice dies. Apprentice dye in the mean time, then within one year after his death; and the like of the death of the Master, Mistress, Master dies or Dame, so as the Mony may be employed for putting out others.

If a Master &c. shall put his Apprentice Master may not take away his Apparel. How an Apprentice may be dis­charged from his Master. Overseers to be assist­ing to other Officers. into Apparel, he cannot take it away from him, though he should afterwards part with his Apprentice, Bro. Tresp. 93.

And note, that An Apprentice cannot be discharged from his Apprenticeship, but by four Justices at the least in open Sessions: by Agreement in Writing under his Masters hand, Dalt. Just. P. fo. 79.

You may perceive, by what has been said before, that these Officers are to be assist­ing in some cases to Constables, as for Irish Cattle, &c. which is left to you obser­vation in reading this Treatise.

The Overseers are to receive for the Fines and Forfeitures to be re­ceived by them. Poors use, the Fines laid upon such as with Nets, Snares, or Engins, take and kill Fish, Conies, &c. unlawfully, without the Owners consent, Stat. 22 & 23 Car. 2. cap. 25.

[Page 136]Also a Third part of such as Travel with above five Horses in length. See the next Chapter, & vide Antea Chapter for High-Ways.

By the Stat. 30 Car. 2. cap. 3. upon the Forfeiture for not Bu­rying in Woolen. Ministers Notice to the Churchwardens or Overseers of the Poor, under his Hand, That no Affidavit is brought to him according to the Statute for Burying in Woolen, they are within eight Days after to repair to the Chief Magistrate of any Town where the Deceased was Buried, else to a Justice of Peace; who upon the Ministers Certificate are to grant a Warrant, to levy the Forfei­ture, viz. 5 l. by distress and sale of the Goods of the Party deceased; or in de­fault thereof, of the persons Goods in whose House the Party died; or the Goods of any that had a hand in putting the Party de­ceased into any Shroud or Cossin, made or lined, &c. with any thing but Sheeps. Wool, contrary to this Act, or that ordered the same: And if such person were a Servant, and died in the Masters Family, the Masters Goods to be liable. And if such person died in the Family of his Parents, then the Pa­rents Goods to be liable: One part of this Forfeiture to the Poor of the Parish, the other to him that will sue for the same.

Note, no Penalty shall be incurr'd where the Party died of the Plague.

If a Justice be not in the Parish where the Party shall be Interr'd, the Affidavit may be administred by any Parson, Vicar or Curate in the same County, other than of [Page 137] the Parish or Chapel of Ease where the Party is Interr'd, and they are to attest the same under their hands gratis, Stat. 32 Car. 2. cap. 1.

Officers neglecting their Duty by this Forfeitures of Officers▪ Act, forfeit 5 l. for every Offence, to be recovered by Action brought within six Months after the Offence: One fourth part to the King, two to the Poor of the Parish, and one fourth to the Informer, 30 Car. 2. cap. 3.

These Officers within four Days after Overseers to Account. their Year ended, and others chosen, are to make a true Account to two Justices, of what Monies they have Received and Disbursed, what Wares they have in their hands, or in the hands of any of the Poor, what Prentices they have put out, &c. 43 Eliz. 2. Dalton fo. 96.

And they are also to give an Account at their Sessions, or to any two Justices at their monthly Meetings, of the Name and Qua­lity of every person Interr'd since their for­mer Account; and of the Certificates, and Account of Certificates and Buri­als, &c. their levying Penalties, and of the disposal thereof, on pain of 5 l. to be levied by di­stress and sale; and their Accounts shall not be allowed till they have accounted for the Burials, 30 Car. 2. 3.

Upon their last Accounting what is re­maining, To pay over the Re­mainder. Commit­ment. they shall pay over to the New Overseers; if they refuse to account, the Justices may send them to Gaol; and if after they have accounted, they refuse or fail to pay over the Mony in their hands [Page 138] to their Successors, the same may be levied on their Goods by distress; and in default Distress. of distress, to be sent to the Gaol, there to remain till payment and delivery of the Arrears and Stock remaining, as aforesaid, Stat. 43 Eliz. cap. 2. Dalton fo. 96.

Note, That the Churchwardens and Over­seers, Forfeitures of the Church­wardens and Over­seers, for Neglect in their Office. for every Default and Negligence in their Office about the Poor, every of them forfeits 20 s. The default to be proved ei­ther by Confession or Examination of Wit­nesses, and is to be levied by the New Churchwardens and Overseers, or one of them, on Warrant by distress and sale; and for want of Distress, the Offender may be Committed by two Justices to Gaol till pay­ment: The Forfeitures to be employ'd to the use of the Poor of the same Parish, 43 Eliz. cap. 2. Dalton fo. 97.