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THE OFFICE OF CONSTABLE: BEING AN ENTIRELY NEW COMPENDIUM OF THE LAW CONCERNING THAT ANCIENT MINISTER FOR THE CONSERVATION OF THE PEACE.

CAREFULLY COMPILED FROM THE BEST AUTHORITIES.

WITH A PREFACE; AND AN INTRODUCTION, CONTAINING SOME ACCOUNT OF THE ORIGIN AND ANTIQUITY OF THE OFFICE.

LONDON: PRINTED FOR WHIELDON AND BUTTERWORTH, FLEET-STREET.

M.DCC.XCI.

PREFACE.

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A SINCERE wiſh to benefit the com⯑munity, by furniſhing its moſt ancient, moſt conſtitutional, and moſt uſeful officer with a compendious ſyſtem or manual of his duty and powers, carefully extracted from, and upon an actual peruſal of the beſt autho⯑rities, has produced the following ſheets,—a mere epitome, in fact, of the original com⯑pilation. But the utility of the meaſure ſeemed, upon ſecond thoughts, to be more favoured by a pamphlet, affording the fulleſt information in the narroweſt compaſs, than by a volume, which the verboſe prolixity of mo⯑dern ſtatutes, vying, as it were, with each other in conveying the ſimpleſt regulation in the moſt embarraſſing manner, and greateſt poſſible number of words, would have ex⯑tended to a ſize and price little calculated to invite the claſs of readers for whom it was principally intended. The deciſion, therefor, was in favour of the briefeſt ſummary; ſuch a one as men who have little money, leiſure, or capacity (one or other, or, indeed, all of [iv]which are, unfortunately, too often met with in the compoſition of a modern conſtable) might buy, read, and, if poſſible, underſtand^*. The language, however, is generally that of the authority quoted; and the books referred to (which it may be occaſionally neceſſary to conſult) are to be found in many bookſellers ſhops, and in the libraries of the four law ſo⯑cieties: few barriſters, at the ſame time, are without all or moſt of them; and ſome juſ⯑tices of peace, it is preſumed, may poſſeſs "The Statutes at Large." It is undoubtedly a ſerious conſideration, that the perſons and property of almoſt all but profeſſional men ſhould be ſubjected to laws which they are totally ignorant of, and do not even know where to find, or how, unleſs by dear-bought and fatal experience, to get acquainted with; and of which the mere ſtudy is ſufficient em⯑ployment for the beſt part, if not the whole, of a long life. Theſe "Statutes at Large," which, while they preſerve many acts that are [v]not, and many more that ought not to be, in force, do not contain above half the number that are actually ſo^*, are compriſed in no leſs [vi]than ſixteen cloſely printed quarto volumes; the Common Law is diſperſed through near two hundred folios, excluſive of every other ſize, many of which exiſt only in a barbarous gibberiſh peculiar to the profeſſion^*: even a very imperfect abridgement of it filling no leſs than twenty-four. This, however, is a com⯑plaint which has been ſo frequently and ſo in⯑effectually made^†, that one muſt have pa⯑tience [vii]till the miſchief, every day increaſing, ſhall remedy itſelf; till, in ſhort, "there is A DROP TOO MUCH."

Sir William Blackſtone obſerves that, con⯑ſidering what manner of men are for the moſt part out into the office of conſtable, it is per⯑haps very well that they are generally kept in ignorance of the extent of their powers^*; an obſervation to which it may be readily con⯑ceived, the compiler of the following Digeſt does not ſubſcribe. In fact, he has ever re⯑garded it as equally ſarcaſtic, illiberal, and unbecoming; and only to be accounted for by the profeſſional character and habits of the writer; who, doubtleſs, thought that law, like religion, being a myſtery, the ſcriptures ſhould in both caſes be locked up in an unknown lan⯑guage or unintelligible jargon ^†; that the pro⯑fane ought to know no more than the initiated may think fit to communicate; and that, in ſhort, the moſt ignorant are the moſt trac⯑table, and conſequently the fitteſt for good Chriſtians and good ſubjects. If the powers which the law has veſted in the conſtable be ſo large, that it is even dangerous he ſhould know them, why were they given him? why [viii]are they not taken away? why is he to be puniſhed for neglecting duties of which it is beſt he ſhould be ignorant? Would it not be full as well, conſidering what manner of men are for the moſt part put into the office of juſtice of peace, if they too were to be kept in ignorance of the extent of their powers? This, indeed, it may be, is already the caſe; though they do not on that account ſeem the leſs inclined to abuſe them. But wherefor is it that ſuch "manner of men" are put into the Office of Conſtable? Becauſe upward of a hundred acts of parliament, which few ever ſee, and ſtill fewer comprehend^*, added to the arbitrary and capricious deciſions of ſome courts, and the ignorance and innovation of others, have redered it ſo burthenſome, ſer⯑vile, vexatious, and expenſive, that they who poſſeſs or uſurp the power of filling it, ſelect [ix]thoſe who have nothing to recommend them but the willingneſs with which they receive the yoke, and the patience with which they bear it. The reaſon given for this partiality is, that no GENTLEMAN can accept ſuch an office; poverty, both in purſe and in ſpirit, being looked upon as the proper qualification for a conſta⯑ble. Theſe ſame GENTLEMEN, it ſhould ſeem, are high-mettled horſes, who would kick and wince, and play the devil, in ſhort, if you at⯑tempted to put them in the ſhafts; the VUL⯑GAR are aſſes, who tamely ſubmit to every in⯑dignity. But, gentleman or no gentleman, he who can beſt afford to loſe his time and mo⯑ney, who has ſpirit and ability to ſuſtain fa⯑tigue, and reſolution to oppoſe inſult and op⯑preſſion, is the fitteſt perſon to diſcharge the Office of Conſtable. To confer it, from what⯑ever motive, upon people of baſe or inferior condition, was long ago reprobated by lord Bacon as "a mere abuſe or degenerating from the firſt inſtitution^*." And, certainly, the ne⯑ceſſity of a man who depends upon his daily employment for the daily bread of himſelf and his family, and whoſe time is of courſe the moſt precious, ought to be a ſufficient excuſe in any court of juſtice why he ſhould not be [x]compelled to ſerve this office; only it would probably coſt him more to obtain the deter⯑mination than he can value his time at. It is, doubtleſs, a very ſcandalous inſinuation that juſtices of peace, who have ſome how or other acquired the power of making conſtables, ſe⯑lect the meaneſt and moſt ignorant by way of magnifying their own wiſdom and conſe⯑quence; gems, it is well known, which re⯑quire no foil to increaſe their luſtre.

It is, by no means, a leſs abuſe, when a perſon every way fit for the office is pitched upon, to admit in his ſtead any worthleſs fellow that he can procure, baſe enough to ſerve the duty for a few guineas. What integrity or pro⯑priety of conduct can be expected from one whoſe neceſſity renders every ſhilling that is offered him an irreſiſtible temptation? The great Shakſpeare has ſatiriſed this practice with admirable pleaſantry, in his play of Mea⯑ſure for Meaſure, where he introduces the character of a fooliſh ſubſtitute bringing a charge before one of the dukes deputies:

Eſcalus. Come hither to me, maſter Elbow; come hither, maſter conſtable. How long have you been in this place of conſtable?

Elbow. Seven years and a half, ſir.

Eſca. I thought, by your readineſs in the office, you [xi]had continued in it ſome time.—Alas! it hath been great pains to you! they do you wrong to put you ſo oft upon it. Are there not men in your ward ſufficient to ſerve it.

Elbow. Faith, ſir, few of any wit in ſuch matters: as they are choſen, they are glad to chooſe me for them; I do it for ſome piece of money, and go through with all^*.

If the preſervation of peace and good order be the intereſt of ſociety, the legiſlature would eſſentially contribute to that end in extending more effectual protection and encouragement to the conſtable. This would be done by cauſing all the laws which authoriſe or oblige him to do particular acts, or any way concern the execution of his office, to be reduced into a ſingle ſtatute, conceived in plain intelli⯑gible language^†; and by requiring every court, at the election of a conſtable, to put a [xii]copy of it into his hands: in order that, hav⯑ing his power and duty conſtantly under his eye, he might be without excuſe in neglecting the one, and without danger in exerciſing the other. If it be true that every man who ſerves the public ought to be paid by the public, it is moſt unreaſonable and unjuſt that a duty ſhould be impoſed upon any one, which, if attended to as it ought to be, would demand the greateſt part of his time, not only without making him the ſlighteſt recompence, but even obliging him to be at (what is to him) a conſiderable expence; for even the mere "conſumption of time, to him who lives by the ſale of his time, is equivalent to expence." Suppoſe, therefor, that every perſon duly elect⯑ed a conſtable were, during his continuance in office, not exceeding one year, exempt from all taxes and impoſitions; parliamentary, or lo⯑cal; and, in caſe of actions againſt him touch⯑ing his office (the dread of which is one great obſtacle to its due execution) ſhould be al⯑lowed to defend, not in forma pauperis, but ſome really unexpenſive mode^* This, if not an [xiii]adequate compenſation, would be a great re⯑lief, and in ſome caſes, at leaſt, an indemnity, to perſons ſerving the office, would induce them to accept it with cheerfulneſs, and ex⯑ecute it with ſpirit, conſcious that in ſo doing they were benefiting ſociety without injuring themſelves^*. One cannot, however, have the ſatisfaction to think, that a ſuggeſtion ſo ad⯑vantageous both to the community and to the individual, ſtands the leaſt chance of ever paſſing into a law. If, indeed, the propoſal were for a productive tax upon conſtables, or for the purpoſe of making bad worſe, or of heaping oppreſſion upon the oppreſſed, there would be little fear of its being adopted. This, therefor, is another of thoſe ſelf-re⯑forming grievances which muſt be patiently ſuffered to attain their worſt ſtate.

To conclude: If the following pages prove at all inſtrumental toward making a ſingle conſtable more active, confident, and ſecure in the diſcharge of ſuch of the powers and duties of his office as are any way beneficial to ſociety, (for the leſs he attends to the others [xiv]the better,) the compiler will have reaſon to flatter himſelf that his efforts, though humble, have not been uſeleſs,

ERRATA.

p. xxii. for ordnance, read ordinance.
p. 4. for 1 Mod. 42. read 6 Mod. 42.
for Freeman, 256. read, 12 Mod. 256.
p. 5. after Styles, 362. add Barnard, 51.
after (Noy, 112.) add Mar. 30.
p. 6. for (Mod. 13.) read (1 Mod, 13.)
p. 26. for Freeman, 256. read 12 Mod. 256.
p. 27. for 20 and 30, read 30 and 40.
p. 32. for Forſter, read Foſter.
p. 43. for eu [...]yre, read eu'rye.

INTRODUCTION.

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§ 1. THE origin of the word CONSTABLE, which ſome etymologiſts have errone⯑ously ſought for in the Saxon language⁽¹⁾, is un⯑doubtedly to be found in the Comes Stabuli of the Eaſtern empire: hence the conſtabularius, conſtabu⯑lus, &c. of barbarous Latinity; the conneſtable of the French; the coneſtabile of the Italians, &⁽²⁾ This comes ſtabuli was at firſt, as his title imports, no more than prefect or ſuperintendant of the imperial ſtables, or, in other words, the emperors maſter of the horſe; but having, in proceſs of time, obtained the command of the army, his name, corrupted into conſtabulus and conſtabularius, began to ſignify a commander; and, with this ſignification, appears to have been introduced into England at the Norman Conqueſt, or, perhaps, ſooner; ſince, in fact, ſome ſuch officer ſeems to have been already known un⯑der the title of Stallarius.

§ 2. THE CONSTABLE (or LORD HIGH CON⯑STABLE) OF ENGLAND was an officer of the higheſt dignity and importance in the realm. He was the leader of the kings armies; and had the cogni⯑zance of all contracts and other matters touching [xvi]arms or war⁽³⁾. This office, which appears to have been granted by William the Conqueror to Walter earl of Glouceſter, or, according to others, to William Fitzoſbern, or Roger de Mortimer, be⯑came, afterward, hereditary in two different families, as annexed to the earldom of Hereford; and, in that right, after a lapſe of near two centuries, (ſeveral perſons enjoying the title and authority in the mean time) was revived, by judgement of law, in the per⯑ſon of Edward Stafford duke of Buckingham; but Henry VIII. thinking the office too high and dan⯑gerous for the hands of a ſubject, took the firſt op⯑portunity of putting an end to it by cutting off his head. Since this period, there has been no lord high conſtable, except pro hac vice, as Robert earl of Lindſey was appointed in 1631 to determine the appeal of lord Rea againſt Ramſey, and as ſome perſon or other is created at the coronation of a king or queen.

§ 3. We had alſo CONSTABLES OF CASTLES, that is, keepers or governors, ſo called, of the caſtles of the king or great barons, whom the French term châtellains, from the Latin caſtellani, and who were frequently hereditary, and by feudal tenure; ſuch were the conſtable of the tower, the conſtable of London, or Baynards-caſtle, the conſtables of the caſtles of Dover, Windſor, Cheſter, Flint, &c. ſome of which offices, though not now hereditary, are re⯑maining to this day. Theſe are the conſtables in⯑tended in Magna Charta, cc. 17. 20. and who, in the ſtatute of Weſtminſter the firſt (3 E. 1. c. 15.) [xvii]are called conſtables of ſees, and there conſidered as keepers of priſons; a conſtituent part, indeed, of all ancient caſtles. Lord Coke obſerves that be⯑fore Magna Charta theſe conſtables of caſtles had the like authority within their precincts as the ſheriff had within his bailiwick, and commonly ſealed with their portraiture on horſeback ⁽⁴⁾. The ſtatute of 5 H. 4. c. 10. which recites that, by colour of their commiſſions as juſtices of the peace, they took peo⯑ple to whom they bore evil will, and impriſoned them in their caſtles till they made fine and ranſom for their deliverance, and ordains that none be im⯑priſoned but in the common jail, ſeems to have put an end to a race of tyrants ſo odious to the people as to be uſually repreſented in romances under the character of monſtrous giants, who, not content with the property, would eat the fleſh, drink the blood, and grind the bones of the unwary and un⯑fortunate traveler.

§ 4. There was likewiſe formerly a CONSTABLE OF THE EXCHEQUER; of whom we may read in the Dialogus Scaccarii, l. 1. c. 5. in the ſtatute De Diſtrictione Scaccarii (51 H. 3. ſt. 5.) in Fleta, l. 2. c. 31. and in Madox's Hiſtory of that Court, p. 724, &c. We alſo find mention made in ſome old ſta⯑tutes of THE CONSTABLE OF THE STAPLE. See 27 E. 3. c. 8. 15 R. 2. c. 9. 23 H. 8. c. 6.

§ 5. We now come to THE CONSTABLE OF THE HUNDRED, OR HIGH, CHIEF, OR HEAD CON⯑STABLE (as he is otherwiſe called) of whom we ſhall have a little more to ſay. By the ſtatute of [xviii]Wynton, or Wincheſter (13 E. 1.) c. 6. it is or⯑dained, that in every hundred or franchiſe there ſhall be choſen two conſtables to make the view of ar⯑mour, as directed in the preceding part of the chap⯑ter; and that the conſtables aforeſaid ſhall preſent before the juſtices aſſigned the defaults of armour and of the ſuits of towns and of highways; and ſhall alſo preſent thoſe who harbour ſtrangers in up⯑land towns for whom they will not anſwer. They are likewiſe to preſent ſheriffs or bailiffs who do not follow the cry of the county.

It is agreed by Mr. Lamberd⁽⁵⁾, by ſir Edward Coke⁽⁶⁾, and by ſir Matthew Hale⁽⁷⁾, that con⯑ſtables of the hundred were firſt introduced by this ſtatute. And though Fitzherbert⁽⁸⁾, and Crompton after him⁽⁹⁾, have aſſerted that they were conſer⯑vators of the peace at the Common Law; and though it is ſaid in other books that "notwithſtanding the opinions to the contrary," the high conſtable was an officer at the Common Law, and that the ſtatute of Wynton only enlarged his authority⁽¹⁰⁾, yet no one has hitherto produced the leaſt evidence in ſupport of ſuch aſſertion. On the other hand, beſide the au⯑thority of Coke and Hale, it has been expreſsly held from the Bench, that a high conſtable is not ſuch an officer, nor conſervator of the peace, whereof the [xix]Common Law takes any notice; that he is not men⯑tioned in any book; and that, in fine, he is only by cuſtom and for conformity⁽¹¹⁾. It muſt be con⯑feſſed, that the firſt mention made of the high con⯑ſtable in any ſtatute ſubſequent to that already cited, is by 4 E. 4. c. 1.⁽¹²⁾ And though ſir William Blackſtone has, in one place, attempted to carry up his antiquity as high as king Henry II.⁽¹³⁾ he, in an⯑other, expreſsly mentions him to have been firſt or⯑dained by the ſtatute of Wincheſter⁽¹⁴⁾. After all, however, nothing can be more certain than that the conſtable of the hundred, or high conſtable, whether he be allowed an officer at the Common Law or not, was inſtituted long before that ſtatute. This curious fact is aſcertained by a writ or mandate of the 36th year of king Henry III. preſerved in the Adverſaria to Wats's edition of Matthew Paris, and from which chapters 4. and 6. of the ſtatute of Wynton are evidently taken, though it has hitherto eſcaped the notice of every writer or ſpeaker upon the ſubject. By this writ it is provided, that in every hundred there ſhould be conſtituted a CHIEF [xx]CONSTABLE, at whoſe mandate all thoſe of his hun⯑dred ſworn to arms [i. e. to have ſuch arms, accord⯑ing to the quantity of their lands or chattels, as there directed] ſhould aſſemble and be obſervant to him for the doing of thoſe things which belong to the conſervation of the kings peace⁽¹⁵⁾. No men⯑tion, it is believed, of this officer can be any where found prior to the date of this inſtrument; which, however, it may be contended, no more determines the queſtion as to his original creation, than the ſta⯑tute of Wynton appeared to do; the language in both caſes being imperative, and the only difference conſiſting in the word eleus (choſen) for conſtituatur (conſtituted). Be this as it will, the diſcovery ought at leaſt to teach not antiquaries alone, but even lawyers and judges to look a little into matter of record, and truſt leſs to opinion, which ought no more to be law upon the Bench than it is off it.

§ 6. The CONSTABLE OF THE VILL (or PETTY CONSTABLE, as, to diſtinguiſh him from the con⯑ſtable of the hundred, he is frequently called) has been repeatedly acknowleged by the law to be "one of the moſt ancient officers in the realm for the conſervation of the peace⁽¹⁶⁾," and is declared by lord Coke to be as ancient as torns or leets be, and not to have begun about the beginning of E. 3. as ſome have ſuppoſed⁽¹⁷⁾. It muſt be confeſſed, [xxi]however, that no mention of him, by this identical name, is any where found to occur anterior to the writ or mandate, already mentioned, of king Hen⯑ry III. whereby it is provided, that in every villate or townſhip there ſhould be conſtituted a conſtable or two, according to the number of the inhabitants⁽¹⁸⁾. It is, nevertheleſs, pretty certain, that lord Cokes idea is right, and that this officer is actually owing to the inſtitution of the frankpledge, uſually attri⯑buted to king Alfred, and was in fact originally the ſenior or chief pledge of the tithing or decenna. In ſupport of this poſition we may obſerve, that the conſtable (or an officer reſembling him) is, in many places, at this very day, called the headborough, tith⯑ingman, or borſholder; all names belonging to the chief pledge, and to be found in numerous ſtatutes in company with and as ſynonimous to conſtable ⁽¹⁹⁾; [xxii]that the ſtatute of 2 E. 3. c. 3. in which the name of this conſtable firſt occurs, the words are "BURGH-ALDRES, CONESTABLES, et gardeins de la pees;" and, laſtly, that in the ſtat. of 20 H. 6. c. 14. the "CONSTABLES, TITHINGMEN, and CHIEF PLEDGES of every town, are required to aid the venders of goods in diſputes with the kings purveyors." It was therefor rightly adjudged in B. R. 23 C. 2. that "decennarius, prima facie, is the ſame with a con⯑ſtable, and differed little in the execution of that office;" though Hale (who has elſewhere told us all he knew about the matter) ſaid he was not the ſame officer⁽²⁰⁾. It therefor follows, that the above ord⯑nance [xxiii]of Hen. III. far from inſtituting the office, merely enlarged the number of officers, placing them in towns and villages, inſtead of franchiſes; ſince it might frequently happen, that a manor of great ex⯑tent had only a ſingle conſtable for ſeveral town⯑ſhips; a caſe exactly ſimilar, indeed, ſometimes oc⯑curring at this day, where a townſhip, comprehend⯑ing ſeveral hamlets, equally populous it may be with itſelf, has only one conſtable for the whole⁽²¹⁾. We find the conſtable beginning to be familiarly known by that name in the time of king Edward I. though [xxiv]it is not a little extraordinary that (not to mention Bracton, who wrote toward the end of the reign of Henry III.) there ſhould not be a word about him in either Britton⁽²²⁾ or the Mirror, and that he ſhould be only incidentally named by the author of Fleta ⁽²³⁾ who has expreſs chapters on the different and moſt inferior miniſters of the law in his time. In certain articles of inquiry at the Eyre, perhaps, or Trailbaſton, certainly in the time of Edward I.⁽²⁴⁾ are the following items:

¶ De ceus ke ſunt CONESTABLES DE VILLS ou baylifs le roy, ke unt lor garſouns ovek eus de atacher les felouns, e il les fount garnir avant par quey lez comandemens le roy ne peuſſent eſtre tenuz en nul poynt ⁽²⁵⁾.
¶ De ceus ke deſturbent les CONESTABLES DE VILLS ou bailifs, ou autre miniſtre, kil ne poent lor office fere [xxv]come il ſunt charget per le roy pur la pes de ſa terre garder ⁽²⁶⁾.

He ſeems alſo to be meant by the two following chapters of the Eyre, as given in Fleta, l. 1 c. 20. §§ 126. 133.

De vic' CONSTABULARIIS vel aliis qui retonſores ceperint, vel attachiaverint cum retonſura cruda vel cum platis ſeiſitos, & qui pro mercede eos deliberaverint & attachiamentum illud concelaverint. ⁽²⁷⁾.

De vic' CONSTEBULAR' & ballivis quibuſcunque qui mercedem ceperint per ſic, quod pacerent & fingerent attachiare ſuſpectos, vel qui eos attachiaverint, ſive Chriſtianos ſive Judaeos, pro levi ſuſpitione, quos non in⯑venerint ſeiſitos cum retonſura, & ipſos pro mercede de⯑liberaverint ⁽²⁸⁾.

Several of theſe charges or articles of inquiry, even of the time of Hen. III. are extant in old chronicles, but none of them has been found to make any mention of the conſtable.

He is named in the ſtatute of 2 E. 3. c. 3. already [xxvi]mentioned, for the firſt time, and in thoſe of 4. E. 3. c. 10. 5 E. 3. c. 14. 25 E. 3. ſt. 1. c. 6. and 36 E. 3. ſt. 1. c. 2. in ſeveral ſtatutes, now repeal⯑ed or obſolete, in the reigns of R. 2. H. 4. and H. 6. in the 1 H. 7. c. 7. &c. &c.

In the Viſion of (i. e. concerning) Piers the Plow⯑man are the following lines, which may ſerve to give us ſome imperfect idea how he was conſidered in the time of that writer (i. e. about the year 1380).

The king ſwore by Chriſte and by his crowne both
That wrong for his werkes ſhould woo thorowly,
And commanded A CONSTABLE to caſt him in yrons,
AND ſet hym not theſe ſeuen yeres ſee hys fete once(29)

This paſſage is the rather curious, as we do not elſewhere find that the conſtable had any power to put people in irons, much leſs to detain them for ſo conſiderable a length of time. Poſſibly, however, it is to be underſtood of the conſtable or keeper of a caſtle, before mentioned; although in muſt be con⯑feſſed that the expreſſion would in this caſe have been more accurately THE conſtable, ſince there could not well be more than one ſuch officer attending the court.

§ 7. Notwithſtanding any thing that has been ſaid or omitted in the courſe of this enquiry, it ſeems highly probable that, at the Common Law, and be⯑fore the mandate of Henry III. the conſtable of the hundred, and the conſtable of the manor, were offi⯑cers of the ſame nature and authority, originating at the ſame time, and differing only as to the extent of their ſeveral diſtricts: In ſhort, that they bore to each other the ſame analogy as ſubſiſted between the [xxvii]bailiff of the hundred and the bailiff of the manor; and, conſequently, that the local juriſdiction of the conſtable of the hundred was commenſurate with that of the torn or leet at which he was elected, be⯑ing ſuch part of the diviſion only as was not com⯑prehended within the juriſdiction of any other leet. It follows, therefor, that the conſtable of the hundred neither poſſeſſed nor could have exerciſed any more authority within the precinct of the leet, than the conſtable of one manor poſſeſſed or could have ex⯑erciſed in another; the manor being, to all intents and purpoſes, exempt from and excluded out of the hundred⁽³⁰⁾. The preeminence, therefor, which the conſtable of the hundred is ſuppoſed to have, or may think proper to aſſume, over the conſtables of manors or townſhips within the hundred, is alto⯑gether unfounded and imaginary, and might, with equal juſtice or propriety, be claimed by the bailiff of the hundred or ſheriff of the county over the bai⯑liff of the manor, or, in ſhort, by any one conſtable over another whoſe diſtrict was more circumſcribed; for though, as lord Bacon obſerves, the high con⯑ſtables authority hath the more ample circuit, "yet I do not find," ſays he, "that the petty conſtable is ſubordinate to the high conſtable, or to be ordered or commanded by him⁽³¹⁾." Thoſe caſes, therefor, wherein it has been adjudged, that the being ſubject to a particular leet ſhall not excuſe a man from ſerving the office of conſtable of the hundred, ſeem [xxviii]to have been decided upon a wrong principle, and (to uſe an expreſſion of ſir Edward Coke) "for want of the knowlege of antiquity⁽³²⁾."

All this, however, is ſpoken with an exception not of acts of parliament only, which, tinker-like, for one flaw they pretend to remedy, make a hun⯑dred ⁽³³⁾, but alſo of the powers and pretenſions, exer⯑ciſed or aſſerted by the quarter ſeſſions, which being generally compoſed of men who neither know nor care what the law is, and who, therefor, conſider themſelves as a ſort of legiſlative body, and at li⯑berty to do whatever they pleaſe,—finding it, per⯑haps, much eaſier to make new laws than to become acquainted with thoſe already made,—has, in direct oppoſition to a poſitive rule of law⁽³⁴⁾, uſurped ſo much, and ſo long, with reſpect to the election and controul both of the conſtable of the hundred and of the conſtable of the vill, that it is become difficult, if not impoſſible, to determine, with any degree of pre⯑ciſion, the actual rights of either.

THE OFFICE OF CONSTABLE.

[]

CHAP. I. OF HIS QUALITY.

Conſervator of the peace. THE coſtable was ordained to repreſs felons,10 E. 4. 18. Cromp. J. P. 201. 4 Inſt. 265. and to keep the peace, of which he was and is a conſervator by the common law^*.

[2]His office is,1 Hale P. C 88 therefore, 1. original or primitive,1. Conſer⯑vator. as a conſervator of the peace; 2. miniſterial and rela⯑tive to juſtices of the peace,2. Miniſter of the juſ⯑tice, &c. coroners, ſheriffs, &c. whoſe precepts he is to execute.

He is, 1 Hale P. C. 459. Comb. 446. Carth. 508. 1 Salk. 176. L. Raym. 1300. 12 Mod. 316. Foſter, 312. n. 2 Black. Rep. 1135, 1 H. Black. 13. however, an officer only for his own pre⯑cinct,Local juriſ⯑diction. and cannot execute a warrant directed "to the conſtable of the vill," or "to all conſtables" gene⯑rally, out of that particular juriſdiction; for he is a conſtable no where elſe; nor is he compellable to do it, though the warrant be directed to him by name; but he may if he will, and ſo may any other perſon^*

[3] Comb. 204. He is an officer of the court of quarter ſeſſions,Officer of the Seſſions over whom they have power^*.

CHAP. II. OF HIS QUALIFICATION.

Idoneus home. THE common law requires,⁴ that every con⯑ſtable ſhould be idoneus homo, i. e. apt and fit to execute the ſaid office; and he is ſaid in law to be idoneus who has theſe three things, honeſty, knowlege, and ability; honeſty, to execute his of⯑fice truly, without malice, affection, or partiality; knowlege, to know what he ought duly to do; and ability, as well in eſtate as in body, that he may intend and execute his office, when need is, diligent⯑ly, and not for impotency or poverty to neglect it; for if poor men ſhould be choſen to this office, who live by the labour of their hands, they would rather ſuffer felons and other malefactors to eſcape, and neglect the execution of their office in other points, than leave their labour, by which they, their wives and children live: and the commonwealth conſiſts [4]in the well-ordering of particular towns, and order will not be well obſerved in them but where the officers are idonei, i. e. honeſt, knowing, and of ability. . . . And if one be elected conſtable who is not idoneus, he, by the law, may be diſcharged of his of⯑fice, and another man who is idoneus appointed in his place.

Better ſort. The petty conſtables in towns ought to be of the better ſort of reſiants;Bacons L. T. 183. ſave that they ought not to be aged or ſickly; but men of able bodies, in reſpect of the keeping watch and toil of their place; neither ought they to be in any mans livery.

Meaner ſort. For conſtables choſe out of the meaner ſort,Dalt. J. P. 58. they are either ignorant what to do, or dare not do what they ſhould, or are not able to ſpare the time to exe⯑cute this office: they are therefor to be able men,Able men. and to be choſen of the abler ſort of pariſhioners; and are not to be choſen either by the houſe or other cuſtom.

Publican. He ought not to be the keeper of a public houſe^*. 1 Mod. 42.

Reſiant. And muſt be an inhabitant of the place for which he is choſen.Freeman, 256

CHAP. III. OF HIS ELECTION.

[5]

Leet or tourn. HE is choſen,4 Inſt. 265. 2 Salk. 502. Comb. 416. 2 Jones 212. Salk. 175. L. Ray. 70. 71. Strange, 1119. 5 Mod. 130, 131. by the common law, at the leet, or, where there is no leet, at the tourn; ſome⯑times by the jury, and ſometimes by the ſteward, according to ancient and particular uſage. If he be preſent, when choſen, he is to take the oath in court; if abſent, he may be ſworn before a (ſingle) juſtice of the peace. But in the latter caſe he ought to have ſpecial notice of his election, and a time and place ſhould be appointed for his taking the oath.

Two juſ⯑tices. In caſe a conſtable dye,13 & 14 C. 2. c. 12. Comb. 328. Strange, 798. 1050. 1213. Bulſtr. 174. Styles, 362. or quit the precinct, two juſtices may make and ſwear a new one, till the lord of the manor ſhall hold a court leet, or till the next quarter ſeſſions, who may either approve of the conſtable ſo made, or appoint another. Alſo, if he continue above a year in office, Quarter ſeſ⯑ſions. the quarter ſeſſions may diſcharge him, and put another in his place until the lord ſhall hold a court. But juſtices of the peace, either in or out of the quarter ſeſſions, cannot in any other caſe diſcharge a conſtable choſen in the leet^*

[6] Mandamus. A mandamus may be granted to the ſteward of a court leet to ſwear a conſtable.Comb. 285.

Indictment. A perſon may be indicted for not taking upon him the office of conſtable.Strange, 920.

Fine or amercia⯑ment. In the leet or tourn where one is elected conſtable,5 Mod. 130. and refuſes to be ſworn, he may, if preſent, be fined for the contempt; if abſent, amerced or ſubjected to a penalty for non-acceptance of the office according to the order.

[7] Certificate. And if the ſteward certify what perſon has been choſe,5 Mod. 128. Allen, 78. which certificate is carried to a juſtice of peace, the juſtice may ſend his warrant to compel him to appear before him and be ſworn.Warrant. And the Kings Bench has granted a writ in ſuch caſe.Writ.

Order of court. But one cannot be committed till he obey an order of court requiring him to take the office.Cro. Car. 567. 12 Mod. 180.

Pleading. And the indictment muſt ſet forth that he was choſen by a ſufficient authority,5 Mod. 96. 1 Keble, 418. and ſummoned before a juſtice of peace to take the oath; and debito modo electus will not do.

Seſſions. Though the juſtices of the peace have not origi⯑nally the making of the conſtable,2 Jones, 212. it is matter of the peace within their general juriſdiction, and they may examine it in their ſeſſions.

Quo war⯑ranto. An information in the nature of a quo warranto is grantable againſt one to ſhew by what authority he exerciſes the office of conſtable.Strange, 1213.

CHAP. IV. OF HIS POWER AND AUTHORITY.

Chief Juſ⯑tice. THE conſtable hath as good authority in his place as the chief juſtice of England hath in his.1 Roll. Rep. 238.

Arreſt of felon, ex officie. Where a felony is committed he may ex officie (without a warrant) arreſt and impriſon the felon till he can conveniently be conveyed to a juſtice of peace, Note: 2 H [...]le P. C. [...]0. or to the common jail. And it is all one wherever the felony was committed, if the felon be within his precinct.

[8] Killing felon. And if felon reſiſts or flies, 4 Hale P. C. 481.489. 2 Hale P. C. 90. whether after arreſt or before, and cannot be taken, he may kill him; and ſuch killing is not felony, nor cauſes forfeiture.

Arreſt on ſuſpicion.Where a felony has been actually committed,Cromp. J. P. 153, 6. 2 Hale P. C. 9.11 Mod. 248. Douglas, 345. Leadwith v. Catchpole, E. 23 G. 3. B. R. the conſtable upon probable grounds of ſuſpicion, even from information of others, may lawfully apprehend the ſuſpected perſon, and carry him before a magi⯑ſtrate. And ſo may a private perſon do, without a conſtable.

Cauſes of ſuſpicion. Now probable cauſes of ſuſpicion are very many,Cromp. J. P. 87.154. Owen, 121.12 Rep. 92.2 Hale P. C. 81.3 Bulſtr. 287. as, for inſtance, common fame; hue and cry levied; having part of the goods found upon him; being in⯑dicted of the like; refuſing to ſhew cattle charged to be ſtolen.

Breaking open doors, &c. In caſe of a felony committed,2 Hale P. C. [...]2.90.94. or in danger to be committed (as if A. wounds B. ſo that he is in danger of death) the conſtable, either upon complaint, or upon a juſtice's warrant, or hue and cry, may break open the doors to take him, if, upon demand and notice, he will not yield himſelf, or entrance be refuſed. And, in that caſe, if the conſtable kill the felon, who cannot be otherwiſe taken, it is no felony.

Arreſt in diſcretion. If A. loſe goods,Clayton, 44. and charge B. with ſtealing them; and the conſtable ſearches B's houſe but finds none of the goods, yet upon the charge, and at the requeſt of A. he may arreſt B. but this is diſcretion⯑ary, ſince he had found no cauſe of ſuſpicion on his ſearch.

Diſmiſſion or detainer. If the conſtable, Keilwey, 34. having arreſted a man for ſuſpicion of felony, finds that no ſuch felony hath been com⯑mitted, the opinion of Keble, Coniſby and Frowike [9]was, that he might let his priſoner go. But, by their opinions, if a man be killed in fact, and one is ar⯑reſted for that felony, or for ſuſpicion thereof, al⯑though the conſtable afterward finds that priſoner is not guilty, ſtill he may not let him go, but he ought to be delivered by due courſe of law.

Common jail. He may carry that he has arreſted for felony to the common jail,4 E. 3. c. 10.13 E. 4.9.17 E. 4.5.1 Hale P. C. 595. and the jailor is bound to re⯑ceive him.

Impriſoning to prevent felony. He may impriſon to prevent a felony, by his office;Moore, 284. Pop. 13 as if he ſee two with weapons drawn, ready to fight, in preſervation of the peace, and to prevent manſlaughter, which might enſue, he may ſet both in the ſtocks. Or if a man in fury be purpoſed to kill, maim, or beat another, the conſtable ſeeing it may arreſt and impriſon him till his rage be paſſed, for the conſervation of the peace.

Arreſt in danger of felony. Where one beats another almoſt to deathBr. Faux Impriſon⯑ment, pl. 6. Cromp. J. P. 141. and hue and cry is raiſed, the conſtable may arreſt the party, and, if he refuſe the arreſt, may take power to arreſt him; and may beat him till he obey the arreſt; and may impriſon him till he perceive whether the other will live, and may then let him at large.

Felonious intent. He may arreſt and impriſon one for a felonious intent;Moore, 284. Pop 13. as where a man had led away an infant of two years old into a church, and there left it to periſh for want of ſuſtenance, and the conſtable took him, and ſet him in the ſtocks. Alſo if a man lay an infant which cannot help itſelf upon a dung⯑hill, or in the open field, ſo that the beaſts or fowls may deſtroy it, or where no one is bound by law to take it up but he who brought it thither, whereby [10]the infant might periſh, the conſtable ſeeing it may commit the party ſo doing to priſon.

Affray, &c.If he ſee one making affray,Cromp. J. P. 131.155.201. or aſſaulting another, or breaking the peace, or hear, or know, one to menace, or threaten to kill, wound, maim, or beat another, he may take and ſet him in the ſtocks, or commit him to priſon, or to jail,Surety of the peace, till he find ſurety for keeping the peace, or is bound to his good behaviour.

Obligation. He may take ſurety of the peace by obligation in his own name,10 E. 4.18. Br. Peace, pl. 2. Br. Suertie, pl. 23. Cromp. J. P. 131.4 Inſt. 265. Cro. Eliz. 375.376. but not otherwiſe; and may certify it at the ſeſſions^*.

Aid of neighbours. He may take aid of his neighbours to arreſt another,Cromp. J. P. 141. and they are compelled to aſſiſt him by law; and, upon affray and ſuch like, he may raiſe the people of the realm to cauſe the peace to be obſerved.

Commit⯑ment for af⯑fray. He may commit during affray in his own view,Cro. E. 375. Br. Faux Impriſ. 6. but not after affray, to compel the party to find ſurety of the peace, as he cannot take any mans oath that he is in fear of his life.2 Hale P. C. 90. But he may, upon complaint, arreſt the party, and bring him before a juſtice of the peace, to find ſurety, or for appearance.

Affray within doors. If men be making affray in a houſe,Cromp. J. P. 130. b. 2 Hale P. C. 95. and the doors are ſhut, the conſtable may enter and ſee the peace kept. And if manſlaughter, or bloodſhed, is likely to enſue, and entrance upon demand is refuſed, he may break open the doors to keep the peace and prevent the danger.

Affray and flight. And if he who made the affray flies to a houſe and ſhuts the door,Cromp. J. P. 130, b. the conſtable may follow and take [11]him by freſh ſuit, or otherwiſe, where the other party is in danger of his life.

Impending affray. And if he perceive that perſons are about to make affray,Cromp. J. P. 130. he may command them to diſperſe upon pain of impriſonment; and if it appear likely to be a great affray may commit them to priſon for a ſhort time to prevent it.

Stocks or jail. But he may not ſet one who hath broke the peace in the ſtocks,22 E. 4.35. if he can have him to the next jail for the night.

Watch. He hath power ex officio to keep a watch for the purpoſe to raiſe or purſue hue and cry upon robberies committed,2 Hale P. C. 97. by the ſtatute of Winton, c. 1; to ſearch for lodgers in ſuburbs of cities that are ſuſpicious perſons, which is to be done every week, or at leaſt once in 15 days, by the ſame ſtatute c. 4; for ſuch as ride or go armed, by the ſtatute of 2 E. 3. c. 3; for night walkers and perſons ſuſpicious, either by night or day, by the ſtatute of 5 E. 3. c. 4. And it is in his power to hold ſuch watches as often as he pleaſes, and the watchmen are his miniſters and aſſiſtants, and are under the ſame protection with him, and may act as he doth, and regularly he ought to be in company with them in their walk and watch ^*.

Diſorderly houſe. If there be diſorderly drinking or noiſe at an unſeaſonable time of night,2 Hale P. C. 95. eſpecially in inns, taverns, or alehouſes, the conſtable, or his watch demanding entrance and being refuſed, may break open the [12]doors, to ſee and ſuppreſs the diſorder; as is con⯑ſtantly done in London and Middleſex.

Inſult, &c. He may impriſon one who inſults,1 Roll R. 238. Br. Faux Impriſ. 41. Cromp. J. P. 131. Clayton, 10. aſſaults, or makes affray upon him, or oppoſes him, though but verbally, in the execution of his office; and may alſo beat another in his own defence.

Madman. He may take a madman and put him in priſon,Owen 98. and ſhall not be charged though he dye there.

Refuſal to watch. If an inhabitant refuſe to watch in his turn,3 Lev. 208. the conſtable may ſet him in the ſtocks.

Innkeeper refuſing a gueſt. If an innkeeper will not lodge a man,5 E. 4.2. Br. action ſur le caſe. 76. Cromp. J. P. 201. the conſtable, upon complaint, may oblige him^*.

Night wal⯑kers. He may apprehend night walkers^†. 2 E 4.8.

And may arreſt and commit lewd perſons,Cromp. J. P. 153, b. Br. Treſpas, 432. 12 Mod. 567. 5 Rep. 556. who reſort to houſes where bawdry is uſed,Lewd per⯑ſons. to make them find ſecurity for their good behaviour.

General Warrant. If he arreſts on a general warrant, ſcil. coram aliquo juſticiario (before ſome juſtice) he may carry his priſoner to what juſtice he will.

Going armed. He may arreſt perſons coming before the kings juſtices with force and arms,2 E. 3. c. 3. or who bring force in affray of the peace, or go or ride armed^‡.

[13] Deputy. He may make a deputy to execute his office in his abſence;Cromp. J. P. 201. Bacon L. T. 137. Moore, 845. 3 Bol. 78. 1 Roll. R. 274. 1 Roll. A. 591. Sid. 355. 1 W. & M. c. 18. § 7. 3. Burr. 1262. and ſuch deputy may execute warrants, directed to the conſtable, and do all other things per⯑taining to the office of conſtable, though he be not ſworn^*.

Neighbours. He may command his neighbours to aſſiſt him in the execution of any authority or duty veſted in him by the common law;Comb. 309. but not by particular ſtatute, unleſs in ſpecial caſes.

Breaking open doors. By virtue of a warrant, he may break open a houſe to take a perſon for treaſon or felony;Brown l. 211. 1 Bulſtr. 146. but for no other cauſe.

Warrant. Where he has a warrant he is tyed up to that war⯑rant,11 Mod. 248. to act only as it directs.

Servants in Huſbandry. He may grant teſtimonials under his ſeal licenſ⯑ing ſervants in huſbandry,5 Eliz. c. 4. &c. to depart from their maſters and ſerve elſewhere.

Plague. He may command infected perſons in time of plague to keep the houſe^†. 1 Ja. c. 31.

Suſpected deſerters. He may apprehend perſons ſuſpected of being de⯑ſerters,¹⁵ and bring them before a juſtice.

CHAP. V. OF HIS DUTY.

[14]

Affray. THE office of conſtable is to take ſuch as make affray,Cromp. J P. 131. and impriſon them till they are bound to the peace.

Roberdeſ⯑men. If any man have ſuſpicion of evil of roberdeſmen, 5 E. 3. c. [...]4. waſtours, or drawlatches, whether it be day or night, they are to be incontinently arreſted by the conſtable; who is to deliver them, if in a franchiſe, to the bailiff, if in gildable^*, to the ſheriff, to be kept in priſon till the jail delivery.

If he have notice that a burglary has been com⯑mitted,Cro. E. 16. it is his duty to purſue the felon immediately, though in the night.

Eſcape. It conſtable arreſt a felon and carry him to the county jail,10 H. 4.7. and the jailor will not receive him, the conſtable ought to keep him till the jail delivery, otherwiſe it is eſcape.

Carrying to jail. If one take a felon in the vill, and carry him to the conſtable,Cromp. J. P. 201, b. it is his duty to convey him to the jail, and to cauſe others of the vill to aſſiſt him.

Demea⯑nour toward priſoners. As to what the conſtable is to do with his pri⯑ſoner that he hath arreſted for felony or otherwiſe:2 Hale P. C. 95. Ib. 120. in caſe of a ſudden affray through paſſion or exceſs of drink, he may put the party into the ſtocks, or in a priſon, if there be one in the vill, till the heat of his paſſion and intemperance is over, though he [15]deliver him afterward, or till he can bring him before a juſtice of peace. In other offences, he may convey his priſoners to the ſheriff, or his jailor of the county, or, if within a franchiſe, to the jailor of the franchiſe; and they are bound to receive them with⯑out taking any thing, by 4 E. 3. c. 10. vide 5 H. 4. c. 10. 23 H. 8. c. 2. But the ſafeſt and beſt way in all caſes is to bring them to a juſtice of peace, to be my him bailed or committed as the caſe may require. For till they be bailed or diſcharged, or the ſheriff or jailor hath received them, they are ſtill under the charge of the conſtable.

Stocks. Till the conſtable can conveniently convey the party to a juſtice of peace,2 Hale P. C. 95. Ibid. 119. or to the common jail, as when the time is unſeaſonable, or there is danger of a reſcue, or the party is ſick, he may ſecure him in the ſtocks, or in a houſe, till the next day, or ſuch further time as may be reaſonable.

Felons. If felons or murderers be in the vill, and the conſtable have knowlege thereof,Cromp. J. P. 201, b. it is his office and duty to aſſemble people and take them.

Flight. If a man fly for felony, the conſtable ought to ſeize his goods,Ibid. and keep them ſafely for the kings uſe.

Conſtables are, upon requeſt,1 Mary, fuſſ. 2. c. 9. to aſſiſt the preſident of the college of phyſicians in London, and all per⯑ſons by him authorized for the due execution of 14 & 15 H. 8. c. and 32 H. 8. c. 40. upon pain of contempt.

Harveſt In time of hay or corn harveſt, the conſtable is to cauſe all perſons meet for labour,5 Eliz. c. 4. at his diſcretion, to ſerve by the day in mowing, reaping, &c. and is to ſet them in the ſtocks if they refuſe.

Poors rate. The weekly rate for the relief of the poor is to be aſſeſſed,43 Eliz. c. 2. § 12. in caſe the pariſhioners diſagree, by the [16]churchwardens and conſtables; who are, in either caſe, to levy the rate.

The churchwardens and conſtables of every pariſh are to collect the ſums rates,43 Eliz. c. 3. § 35. and pay the ſame over to the high conſtable.

Malefac⯑tors. Lewd perſons who ſhall cut or take away corn growing,43 Eliz. c. 7. & 15 C. 2. c. 2. rob orchards or gardens, break or cut hedges or fences, pull up fruit trees, or ſpoil woods, not being felony, being thereof convicted, and not making ſatisfaction for the damages, ſhall be com⯑mitted to the conſtable or other inferior officers to be whipped.

Unlicenſed ale houſes. Perſons keeping a common tippling houſe, or ſelling ale,3 C. 1. c. 3. beer, cyder or perry, without a licence, forfeit twenty ſhillings, to be levied by the conſtables or churchwardens, and not having ſufficient goods, or not paying within ſix days, are to be committed to the conſtable or other inferior officer to be openly whipped.

Cuſtoms. Conſtables are to be aiding to the officers of the cuſtoms in the execution of this act^*. 13 & 14 C. 2. c. 11.

[17] Meaſures. They are to ſearch and examine if any perſon uſe any other meaſure than what is agreeable to the ſtand⯑ard marked in the Exchequer,22 C. 2. c. 8. called the Wincheſter meaſure of eight gallons to the buſhel, or ſtrike the ſame otherwiſe than even by the wood or brim; or ſell or buy by a meaſure unſealed: and, finding any ſuch unſealed meaſure, are to ſeize and break the ſame; and for that and every other offence are to preſent the offender at the next ſeſſions.

Kiddermin⯑ſter weavers. They are to be aiding and aſſiſting to the preſi⯑dent,22 & 23 C. 2. c. 8. &c. of the Kidderminſter weavers, as often as required.

Diſtreſs for rent. The conſtable is to be aiding and aſſiſting in the appraiſement and ſale of goods diſtrained for rent,2 W. & M. Seſſ. 1. c. 5. and may ſwear the appraiſers; and is to receive the over⯑plus for the owners uſe. And

Is to aid and aſſiſt landlords,11 G. 2. c. 19. &c. ſeizing as a diſ⯑treſs for rent, goods fraudulently carried away and locked up in any houſe, &c. which (oath being firſt made before a juſtice of reaſonable ground of ſuſpi⯑cion) they are impowered to break open.

Upon the breaking out of nay fire within London or Weſtminſter all conſtables and beadles (upon notice thereof) are to repair to the place with their ſtaves and other badges of authority, and be aiding and aſſiſting in the extinguiſhing of the fire,6 Ann. c. 31. Fire. cauſing [18]people to work at the engines^* and preventing goods being ſtolen; and are to apprehend all ill-diſ⯑poſed persons whom they find ſtealing of pilfering from the inhabitants, and to give their utmoſt aſſiſtance to help the inhabitants to recover their goods.

Jurors. The juſtices of peace at the quarter ſeſſions next after the 24th of June are to iſſue their warrant to the head or chief conſtable of the hundred,3 & 4 Ann. c. 18. requir⯑ing him to iſſue his precepts to the conſtables, direct⯑ing them to meet him at ſome uſual or convenient place within fourteen days, when and where the conſtables ſhall prepare a true liſt ſigned by them of the names and abode of all perſons within the places for which they ſerve qualified to ſerve on juries ac⯑cording to 4 & 5 W. & M. c. 24. between the ages of 21 and 70, according to 7 and 8 W. 3. c. 32. which liſt the conſtables at the quarter ſeſſions are to return and give to the juſtices in open court.

But it is ſufficient if the conſtables ſubſcribe their liſts in the preſence of a juſtice,3 G. 2. c. 25. and atteſt the truth thereof on oath, and deliver them to the chief conſta⯑ble.

Hue and cry. Every conſtable to whom notice ſhall be given of and robbery is with the utmoſt expedition to make freſh ſuit and hue and cry after the felon.8. G. 2. c. 16.

Hawkers of ſpirits. Any perſon may ſeize and detain hawkers of ſpirits till he can give notice to the conſtable,11 G. 2. c. 26. &c. who is to carry them before a juſtice of the peace.

[19] Poors rate. Where no rate is made for relief of the poor,12 G. 2. [...]. 29. the quarter ſeſſions may direct the ſum aſſeſſed for the purpoſes of this act to be rated and levied by the conſtable to be by him paid to the high conſta⯑ble of the hundred.

Vagrants. Two or more juſtices are four times a year or oftener (if need be) by their warrant to command the conſtables,27 G. 2. c. 5. who ſhall be aſſiſted with ſufficient men, to make a general privy ſearch throughout their re⯑ſpective limits for the finding and apprehending of rogues and vagabonds, viz. perſons threatening to run away and leave their wives or children to the pariſh; perſons unlawfully returning to the pariſh or place from whence they have been legally removed, without a certificate; perſons, not having wherewith to maintain themſelves, living idle and refuſing to work; perſons going about from door to door, or placing themſelves in ſtreets, highways or paſſages, to beg or gather alms, all of whom are to be deemed idle and diſorderly perſons; perſons going about as paten⯑gatherers or gatherers of alms, under pretences of loſs by fire or other caſualty; or as collectors for priſons or hoſpitals; fencers, bearwards, common players of interludes, minſtrels, juggles; perſons pretending to be gypſies, or wandering in the habit or form of Egyptians, or pretending to have ſkill in phyſiog⯑nomy, palmeſtry or like crafty ſcience, or to tell fortunes, or playing or betting at any unlawful games or plays; perſons running away and leaving their wives or children, whereby they become chargeable to any pariſh or place; petty chapmen and pedlers wandering abroad, not being duly licenſed or autho⯑riſed; perſons wandering abroad, and lodging in ale⯑houſes, [20]barns, outhouſes, or the open air, not giving a good account of themſelves; persons wandering abroad and begging, pretending to be ſoldiers, mari⯑ners, ſeafaring men, or pretending to go to work in harveſt; and all other perſons wandering abroad and begging; all of whom are to be deemed rogues and vagabonds ^*; endgatherers offending againſt 13 G. 1. c. 23. perſons apprehended as rogues and vagabonds, and eſcaped from the perſons apprehending them, or refuſing to go before a juſtice or to be examined be⯑fore him, or to be conveyed by a paſs, or knowingly giving a falſe account of themſelves on ſuch examina⯑tion, after warning given them of their puniſhment; rogues or vagabonds breaking or eſcaping out of any houſe of correction; and perſons having been puniſh⯑ed as rogues and vagabonds, and diſcharged, again committing any of the ſaid offences, who are to be deemed incorrigible rogues; and every juſtice on receiving information that rogues and vagabonds, are in any place within his juriſdiction is to iſſue his warrant to the conſtable of ſuch place to ſearch for and apprehend them. Such rogues and vagabonds to be brought before any juſtice or juſtices of the peace of the ſame county, &c. who after taking their examination ſhall order them to be publicly whipped by the conſtable, &c. or ſent to the houſe of correc⯑tion; and after ſuch whipping or confinement ſuch juſtice or juſtices may by a paſs under hand and ſeal [21]cauſe them to be conveyed to the place of their ſettle⯑ment, and with the paſs ſhall deliver to the conſtable a note or certificate aſcertaining how they are to be conveyed, and what allowance he is to have for con⯑veying them. Whereupon the conſtable is to con⯑vey them agreeably to the paſs, the next direct way to the place where they are ordered to be ſent if in the ſame county, &c. but if in ſome other county, &c. ſhall deliver them to the conſtable of the firſt town in the direct way with the paſs and duplicate of exa⯑mination, taking his receipt. And ſuch conſtable ſhall without delay apply to ſome juſtice in the ſame county. &c. who ſhall make the like certificate as before, and deliver it to the ſaid conſtable, who ſhall convey the perſons unto the firſt pariſh, &c. in the next county, &c. in the direct way, and ſo from one county to another, till they come to the place to which ſuch perſons are ſent.

Curſing and ſwearing. If the conſtable hear any perſon ſwear or curſe,19 G. 2. c. 21 he is, if a ſtranger, to ſeize him and carry him before the next juſtice, &c. or, if known to him, make informa⯑tion before ſuch juſtice, &c. to be convicted and puniſhedQ. For what offence?.

Indorſed warrant. Where,24 G. 2. c. 55. under an indorſed warrant, he apprehends the offender, he is to carry him before the juſtice who indorſed it; and if the offender find bail, is to receive the recognizance, examination, &c. and deliver them over to the clerk of aſſize or clerk of the peace of the county where the offender is required to ap⯑pear; and, if the offender be not bailed, is to carry [22]him before a juſtice of the county where the offence, was committed^*

Diſorderly houſes. If two inhabitants of any pariſh or place paying ſcot and bearing lot give notice in writing to the conſtable of any perſon keeping a bawdy houſe,25 G. 2. 36. gaming houſe or other diſorderly houſe in ſuch pariſh or place, he is to go with them to a juſtice of the peace, and upon their making oath that they believe the contents of the notice to be true, and entering into a recogni⯑zance to give or produce material evidence, enter into a recognizance in £. 30. to proſecute ſuch perſon for ſuch offence at the next ſeſſions or aſſizes. The expences of proſecution to be paid by the overſeers of the poor.

Warrant of diſtreſs. Conſtable making a diſtreſs under a juſtice of peace's warrant,27 G. 2. c. 20. ſhall, if required, ſhew the ſame to the party, and ſuffer a copy to be taken.

Every conſtable or beadle within his diſtrict,29 G. 2. c. 30. and every watchman on duty, Stealers of lead, &c. is to apprehend perſons rea⯑ſonably ſuſpected of having, carrying, or conveying, af⯑ter ſunſet and before ſunriſe, any lead, iron, copper, braſs, bell-metal, or ſolder, ſuſpected to be ſtolen or [23]unlawfully come by, and carry it and the party before two or more juſtices.

Militia. The lieutenant and (or) deputy lieutenants are to iſſue their orders to the chief conſtable to iſſue an order to all conſtables to return to the deputy lieutenants liſts in writing of all men dwelling within the pariſh,26 G. 3. c. 107. § 21.&c. between eighteen and forty-five, diſtinguiſhing their rank and occupation, having firſt affixed a copy of ſuch liſt on the church door; and on the day appointed for return of the liſts the conſtables are to attend and verify the return on oath;§ 24. and the deputy lieutenants at a ſubſequent meeting are to iſſue an order to the chief conſtable requiring him to give notice to the conſtable of each pariſh, &c. of the number of men appointed to ſerve, and at another meeting are to iſſue an order to the chief conſtable to direct the conſtable to give notice to every man choſen to ſerve in the militia to appear at the next meeting, when the conſtable is to attend and make oath of the ſervice of the notice.

And the conſtables are to cauſe the notice they re⯑ceive from the chief conſtable of the time and place of exerciſe to be fixed on the church door.§ 69.

And conſtables,§ 78. &c. are to billet militia-men, when called out to annual exerciſe, in inns, livery ſtables, alehouſes, &c. upon application by the lieu⯑tenant, colonel or commanding officer; and are alſo to provide lodging for the ſerjeants, corporals and drummers at other times.

And when the militia is called out any juſtice of peace,§ 80. being required by the order of the lieutenant, or a deputy lieutenant, or the colonel or chief officer of the regiment, &c. is to iſſue his warrant to the [24]chief conſtable, or to the conſtables of the pariſhes, &c. through which the militia is to march, to pro⯑vide carriages and drivers.

And in caſe of actual invaſion,§ 98. or imminent danger thereof, or in caſe of rebellion, the lieutenant or deputy lieutenants are to iſſue orders to the chief conſtable, who is to forward the ſame to the conſta⯑bles, and they on receit thereof are to give notice to the militia men to attend at the time and place mentioned in the order.

Highways. On the 22d of September in every year,13 G. 3. c. 78. the conſta⯑bles, churchwardens, ſurveyor of the highways, and houſeholders, are to aſſemble and make a liſt of ten inhabitants having an eſtate in the pariſh, &c. of £. 10 a year, or perſonalty of the value of £. 100, or being occupiers of houſe or land of £. 30 a year, to ſerve the office of ſurveyor of the highways; and the conſtable is three days after to tranſmit a duplicate of the liſt to a juſtice of peace, and return the original to the ſpecial ſeſſions for the highways in the week after the Michaelmas general quarter ſeſſions, and is alſo within three days to give notice to the perſons named in the liſt, that they may appear at the ſpecial ſeſſions to accept the office; ten days notice of the time and place of holding the ſame being to be given to the conſtable by the juſtices. And the conſtable is, upon requiſition of the juſtices, to return an account in writing of the ſum which an aſſeſſment of ſixpence in the pound has raiſed or will raiſe within the pariſh, &c.

Suſpected thieves. Conſtables,22 G. 3. c. 58. beadles, and watchmen, are to appre⯑hend thoſe ſuſpected of conveying, between ſun-ſet and ſun-riſe, any goods or chattels ſuſpected to be ſtolen, and carry them before a juſtice.

[25] Soldiers. The conſtables are to quarter and billet the officers and ſoldiers in the kings ſervice in inns,30 G. 3. c. (Annual.) livery ſtables, alehouſes, victualing houſes, and the houſe of ſellers of wine, brandy, &c. by retail to be drank in their own houſes or places thereto belong⯑ing (except tavern-keepers free of the vintners com⯑pany). And the high and petty conſtables within the city and liberties of Weſtminſter, and places ad⯑jacent, when required, are to billet and quarter the officers and ſoldiers of the foot guards in ſuch like houſes, in and about the ſaid city and liberties, and places adjacent (except the city of London); and when any order ſhall iſſue for the quartering or billet⯑ing of officers or ſoldiers within the ſaid city and liberties of Weſtminſter, and places adjacent, the high conſtables of each pariſh, &c. to billet and quarter ſuch officers and ſoldiers of the foot guards, and ſuch petty conſtables ſhall billet and quarter them equally and proportionably. And theſe petty conſtables ſhall at every general quarter ſeſſions for Weſtminſter, and parts adjacent, make and deliver to the juſtices upon oath, ſigned liſts of all houſes liable to receive ſol⯑diers, with the number billeted in each houſe. And

Juſtices (being duly required) are to iſſue their warrants to the conſtables to make proviſion of car⯑riages for troops on march.

Warrants. Though the conſtable is not named in 3 and 4 W. & M. c. 10.1 Salk. 381. nor appointed to be the officer to exe⯑cute the warrants, yet the juſtices may command him to execute them^*.

[26] Preſent⯑ments. A conſtable muſt either return his warrant,1 Salk. 381. or certify what he has done upon it^*.

He ſhould preſent all offences within his own knowlege,Dalton, J. P. 474. Fitz. J. P. 6. which concern the peace, as defaults of watching, diſorderly houſes, affrays, &c. &c. at the leet, tourn, or quarter ſeſſions. And ſuch preſent⯑ment is as available as one made by twelve men.

But he is not obliged to preſent a highway ſworn before him by two witneſſes to be out of repair;1 Vent. 336. even though demanded ſo to do by the quarter ſeſſions; and may tell them plainly that he will not preſent it^†.

Diſcharge. He is not diſcharged of his office till his ſucceſſor be ſworn;Freeman, 256. becauſe the diſtrict cannot be without an officer.

CHAP. VI. OF HIS PROTECTION, INDEMNITY, ALLOWANCES, ADVANTAGES, AND REWARDS.

[27]

Aid of the country. THE conſtable ſhall have aid of the country to pacify affray.Cromp. J. P. 131. ^*⁎*

[28] Action. He is not ſuable out of the county for what he does in the execution of his office.Sty. 393.

General iſſue. If he be ſued for any thing done by virtue of his office,7 J. 1. c. 5. he,Double coſts. and all who aſſiſt him, may plead the gene⯑ral iſſue, Not guilty, and give the ſpecial matter in evidence, and on a verdict for the defendant or de⯑fendants, or on the plaintiffs becoming nonſuit or diſcontinuing, the defendant or defendants ſhall have double coſts.Cromp. J. P. 201. And ſo of a deputy conſtable.

But in this caſe the judge who tries the cauſe muſt order the poſtea to be marked,2 Ven. 45. Douglas, 294. and certify that the de⯑fendant was acting in the execution of his office.

Murder▪ If in the execution of his office,1 Hale P.C. 9. 460. after competent notice that he is conſtable, he, or any that come to his aſſiſtance, be killed, it is murder; although the party killing do not know his perſon^*.

[29] Notice. Coming to appeaſe a ſudden affray in the day-time in the place where he is conſtable,1 Hale P. C. 461. it ſeems every [30]man is bound to take notice that he is conſtable: but it is not ſo in the night-time, unleſs there be ſome notification that he is conſtable. But whether it be day or night, it is ſufficient notice if he declare him⯑ſelf to be the conſtable, or command the peace to be kept in the king's name, or the like.

Treſpaſ [...] If two men are combating,Cromp. J. P. 130. and the conſtable come to part them and is hurt, he ſhall have action of treſ⯑paſs; and if he hurt them, they ſhall not have action againſt him.2 Hale P. C. 97. And ſo of thoſe who aid him; every man who is aſſiſting to the conſtable in the execution of his office having the ſame protection that the law gives to the conſtable.

Unjuſtly removed. If he be removed without juſt cauſe,Bulſtr. 174. the court of Kings Bench will by rule of court order him to be reſtored to his place.

Curſing and ſwearing. If he be ſued for ſeizing or proſecuting perſons who ſwear or curſe in his hearing,19 G. 2. c. 21. he may plead the general iſſue, and give the ſpecial matter in evidence, and if he get a verdict, or plaintiff be nonſuit, or diſ⯑continue, he is to have treble coſts.

Warrant. A juſtice of pe [...]ce's warrant is a ſufficient juſtifica⯑tion of a conſtable in a matter within the juriſdiction of ſuch juſtice.Strange, 711.

Action. No action ſhall be brought againſt a conſtable,24 G. 2. c. 44. or [31]any one acting by his order or in his aid, for any thing done in obedience to a warrant under the hand or ſeal of a juſtice of peace, until demand of the peruſal and copy of ſuch warrant, and refuſal or neglect for ſix days. And if, after demand and compliance, an action be brought without making the juſtice a defendant, the jury ſhall give a verdict for the defendant or defen⯑dants, notwithſtanding any defect of juriſdiction in ſuch juſtice. And if ſuch action be brought jointly againſt juſtice and conſtable, the jury, on proof of the warrant, ſhall find for the latter. And no action ſhall be brought againſt a conſtable unleſs com⯑menced within ſix months^*.

[32] Militia liſt. Any perſon endeavouring by rewards of menaces to prevail on the conſtable to make a falſe return of a militia liſt,2 G. 3. c. 20. forfeits £. 20. And refuſing to tell his name or the name of his lodger, £. 10.

Common ſcold. He and his aſſiſtants may,Moore, 847. under a preſentment in the leet and the ſtewards warrant, juſtify puniſhing a common ſcold according to law (i. e. putting her in the ducking-ſtool).

Charges of conveying malefactors. The charges of ſending malefactors to jail were by the common law to be born by the vill in which they were apprehended.1 Hale P. C. 96. 3 J. 1. c. 10. 27 G. 2. c. 3. But now every perſon not having goods or money within the county where he is taken ſufficient for that purpoſe, on application by any conſtable, or other officer who conveyed him, any juſtice of the peace for the ſame county ſhall upon oath examine into and aſcertain the reaſonable ex⯑pences [33]to be allowed him; and forthwith, without fee or reward, by warrant under his hand and ſeal, order the treaſurer of the county to pay the ſame, which he is required to do as ſoon as he receives ſuch warrant, except in Middleſex, where ſuch expences are to be paid by the overſeers of the poor of the pa⯑riſh or place where the perſon was apprehended.

Vagrants. The county treaſurer is to pay the conſtable the rates or allowances aſcertained by the juſtice's certi⯑ficate,17 G. 2. c. 5. 26 G. 2. c. 34. for conveying rogues and vagabonds (ſee be⯑fore, p. 21.)

Soldiers. A mandamus is grantable on 1 G.Strange, 42. 93. 1. c. 34. (Mu⯑tiny Act) to allow a conſtable extraordinary charges in providing carriages, &c.

Diſtreſs. The conſtable making a diſtreſs under a juſtice's warrant,27 G. 2. c. 20. may deduct the reaſonable charges of tak⯑ing, keeping, and ſelling the diſtreſs, out of the mo⯑ney ariſing by ſuch ſale.

Account. Every conſtable is every three months,18. G. 3. c. and within fourteen days after he goes out of office, to deliver to the overſeers of the poor an account entered in a book, kept for the purpoſe, and ſigned by him, of all ſums by him expended and received on account of the pariſh, &c. which overſeers are within fourteen days to lay the ſame before the inhabitants, and, if approved, are to pay the money due out of the poor rates; but, if diſallowed, are to deliver the book back to the conſtable, who may produce it before a juſtice of peace, giving reaſonable notice to the overſeers; which juſtice is to examine the account, determine objections, ſettle the ſum due, and enter it in, and ſign the account; and the overſeers are to pay ſuch ſum out of the poors rate; but may appeal (giving notice) to the quarter ſeſſions.

[34] Settlement. Serving for himſelf and on his own account for the ſpace of a year,3 W. & M. c. 11. Burr. S. C. 27. 30. 238. 520. 634. 19 Vine [...], 359. Strange, 444. he gains a ſettlement in the pariſh in (or in part of) which he ſo ſerves.

Vagrants. If he apprehend and convey (to any juſtice or juſ⯑tices of the peace) any rogue or vagabond (ſee before,17 G. 2. c. 5 p. 19.) ſuch juſtice or juſtices ſhall reward him by making an order upon the high conſtable to pay him ten ſhillings within a week after demand: and, where no high conſtable, he ſhall pay himſelf, and be allowed it in his accounts.

Deſerters. He is entitled to twenty ſhillings for every deſer⯑ter he apprehends,30 G. 3. c. (Annual.) to be paid, under a juſtices war⯑rant, out of the land tax.

CHAP. VII OF HIS RESPONSIBILITY AND PUNISHMENT.

Warrant. A CONSTABLE muſt at his peril take notice that his warrant is by one in the commiſſion of the peace.12 Mod. 347. Since (before 1 G.Gib. So. 3. c. 23.) even the lord chief juſtice's warrant for apprehending a perſon was void by the kings demiſe, and the conſtable im⯑priſoning one by force thereof,2 Hevk. P. C. 81. liable to an action. Nor can he juſtify an arreſt by force of a juſtice's warrant for a matter appearing to be out of his juriſ⯑diction.

Miſdemea⯑nour. Illegality ab i [...]to. And though his warrant be legal,Clayton, 44. 12 Mod. 344. yet if he be guilty of a miſdemeanour in executing it, (as where, upon a ſearch-warrant, a conſtable pulled the clothes from off a woman in bed, to ſearch under her ſmock) this will make all bad from the beginning.

[35] Chargeable. Arreſting on poſſeſſed of money who dyes,Owen, 121. he is chargeable with the money. And ſo where he takes from a felon money of which he had robbed another, even though he be afterward robbed of it himſelf.

Neglect of duty. Neglecting a duty incumbent on him either by common law,1 Salk. 381. 2 Roll R. 78. or by ſtatute, he is for his default in⯑dictable.

Affray. On affray made in his preſence,Cromp. J. P. 130, b. if he do not endea⯑vour to pacify it, he ſhall be fined: but not if the affray be at a diſtance, and he is only told of it.

Not return⯑ing war⯑rant. If he will not return his warrant,6 Mod. 83. 1 Salk. 381. 24. G. 2. c. 44. or certify what he has done under it, (for he ought to keep the warrant for his own juſtification,) the ſeſſions may fine him^*. But the court of Kings Bench will not grant a manda⯑mus.

Eſcape. If he wilfully lets a felon eſcape out of the ſtock,1 Hale P. C. [...]69. and go at large, it is felony.

Offender brought to the watch-houſe. It is a miſdemeanour in him to diſcharge an offen⯑der brought to the watch-houſe by a watchman in the night^†.2 Bur. 867.

[36] Removal. He may for juſt cauſe be removed by the authority which elected him.Bulſt. 174. 2 Hawk. P. C. 63.

Labourers. Not ſetting one in the ſtocks who refuſes to work in hay or corn harveſt (ſee before,5 Eliz. c. 4. c. 15.) he forfeits forty ſhillings.

Poor [...] rate. If he fail to make payment of the weekly pariſh rate towards the relief of ſick,43 Eliz. c. 3. § 6. hurt and maimed ſoldiers and mariners (ſee before, p. 16.) he forfeits twenty ſhillings.

Malefactors in caſes, &c. Unlicenſed alehouſes. Not executing,43 Eliz. 1. 7. § 2. 3 C. 1. c. 3. § 3. by himſelf or ſome other, the puniſhment limited by theſe ſtatutes, (ſee before, p. 16.) he is to be ſent to jail until it is done.

Drunkards. Neglecting the due correction of a perſon convict⯑ed of drunkenneſs (who,4. J. 1. c. 5. [...] 3. if unable to pay five ſhillings, is to be committed to the ſtock for ſix hours) given in charge to him by the precept of any mayor, &c. he forfeits ten ſhillings to the uſe of the poor.

Hawkers and pedlers. Refuſing or neglecting,9 & 10 W. 3. c. 27. upon due notice or his own view, to be aiding and aſſiſting in the execution of this act, (whereby hawkers and pedlers refuſing to ſhew their licence are to forfeit £ 5.) he is to for⯑feit forty ſhillings.

Juries. Not returning the liſt of perſons qualified to ſerve on juries at the quarter ſeſſions,3 & 4 Ann. c. 18. he forfeits £ 5.

Hue and cry. Refuſing to make freſh ſuit and hue and cry (ſee before, [...] G. 2. c. 16. p. 18.) he forfeits £ 5.

Hawkers of ſpirits. Refuſing or neglecting to be aiding and aſſiſting in the execution of 11 G.11 G. 2. c. 26. 2. c. 26. 9 G. 2. c. 23. 10 G. 2. c. 19. he forfeits £ 20.

[37] Poors rate. Refuſing to account for or pay over money re⯑ceived for the purpoſes of this act (ſee before,12 G. 2. c. 29. § 17. p. 19.) he is to be committed.

Vagrants. Refuſing or neglecting his beſt endeavours to ap⯑prehend or convey to a juſtice any rogue or vaga⯑bond (ſee before,17 G. 2. c. 5. § 5. p. 19.) he forfeits from ten ſhillings to £ 5.

If (where there is no high conſtable) he refuſe to pay the reward of ten ſhillings for taking up vaga⯑bonds on demand,17 G. 2. c. 6. § 5. he is liable to diſtreſs for twenty ſhillings, out of which it is to be paid.

If he counterfeit or alter any certificate,17 G. 2. c. 5. § 18. receit, or note, uſed in the conveyance of rogues and vaga⯑bonds, he forfeits £ 50. Or if he will not receive or convey them, or does not deliver them to the pro⯑per perſon, he forfeits £ 20.

If he be defective or remiſs in the execution of this act he forfeits from ten ſhillings to £ 50.17 G. 2. c. 5. § 22. to the uſe of the poor, or in caſe of no diſtreſs is to be ſent to the houſe of correction.

Curſing and ſwearing. Wilfully omitting the performance of his duty in ſeizing or informing of perſons who ſwear or curſe in his hearing,19 G. 2. c. 21. he is to forfeit forty ſhillings, or be ſent to the houſe of correction^*.

[38] Indorſed Warrant. If,24 G. 2. c. 55. where under an indorſed warrant he has ap⯑prehended an offender who ſhall give bail before the juſtice who indorſed it, or any other of the ſame county, &c. he do not deliver over the recognizance, exami⯑nation, or other proceedings received from ſuch juſ⯑tice, to the clerk of the aſſizes or clerk of the peace of the county, &c. where ſuch offender is required to appear, he forfeits £ 10.

Diſorderly houſes. If he refuſe or neglect to go before a juſtice or enter into recognizance for the purpoſe of indicting a diſorderly houſe,25 G. 2. c. 36. § 7. or be wilfully negligent in carrying on the proſecution, he forfeits £ 20. to each of the inhabitants giving notice. (See before, p. 22).

Highway [...]. Neglecting or refuſing to make a liſt of perſons to ſerve the office of ſurveyor of the highway (ſee be⯑fore,13 G. 3. c. 78. p. 24.) or not returning it, or not giving the notice or ſerving the warrant directed by the act, or not returning the amount of the ſixpenny aſſeſſment, he forfeits forty ſhillings; or refuſing to execute a juſ⯑tice's warrant under the act, he forfeits from forty ſhillings to £ 10.

Militi [...]. Refuſing or neglecting to return the liſts of perſons liable to ſerve in the militia,26 G. 3. c. c. 107. § 30. or to comply with the orders of he deputy lieutenants, &c. or being guilty of fraud or partiality in the return, he may be com⯑mitted by them for a month, or fined £ 5.

[39] Soldiers. If he preſume to quarter of billet any officer or ſoldier in a private houſe, [...] G. 3. c. (Annual) without the conſent of the owner, ſuch owner is to have his remedy at law againſt him! And refuſing to execute warrants for provid⯑ing carriages, he forfeits from twenty ſhillings to forty ſhillings; quartering wives, children or ſervants, he forfeits to the party grieved twenty ſhillings; or re⯑fuſing or neglecting (for two hours) to billet, or re⯑ceiving money to excuſe perſons, from forty ſhillings to £ 5; and not delivering to the quarter ſeſſions for Weſtminſter and parts adjacent ſigned liſts of houſes liable to receive ſoldiers, with the number billeted in each houſe, he forfeits £ 5.

CHAP. VIII. OF THE HIGH CONSTABLE.

Quality. THE high,C [...]omp. J. P. 201. 2 Hale P. C. 96. 3. Keble, 231. 1 S [...]lk. 381. 11 Mod. 215. L. Ray. 1193. chief, or head conſtable is the con⯑ſtable of a hundred, rape, lathe, wapentake or ſuch like diviſion, but it is doubtful whether he be a conſervator of the peace.

He is as much the officer of the juſtices of the peace the conſtable of a vill or pariſh.Fort [...]e, 12 [...].

Election. He is elected at the leet (or turn) of the hun⯑dred,1 Roll A. [...]35. Bu [...]ſti. 174. 3 K [...]ble, [...]97. or by the juſtices of the peace^*. And ſuit and ſervice to a leet is not ſufficient to excuſe a man from ſerving the office without ſpecial cuſtom.

[40]And if A. 1 Roll A. 535. ſerve for a year, and the jury for the hundred according to the cuſtom preſent B. and the ſteward refuſe to ſwear him, but continue A. a writ out of the Kings Bench may be directed to the ſteward to ſwear B. and if there be good cauſe to re⯑fuſe him, it may be returned to the court.

Power. He may hold petty or ſtatute ſeſſions (for the hir⯑ing of labourers and ſervants of huſbandry) according to ancient uſage.5 Eliz. c. 4.

It is doubtful whether he can arreſt for breach of the peace,1 Salk. 381. Cro. Eliz. 375. 376. or take ſurety of the peace even by obliga⯑tion; much leſs a mans oath that he is in fear of his life.

He is ſaid to be an officer within the mutiny act for billeting of ſoldiers.1 Black. R. 350. 3 Bur. 3262. (But vide the act, § 1.) And may occaſionally make a deputy, whoſe acts in his principals abſence will be good.

Duty. He is to preſent thoſe who in upland towns har⯑bour ſtrangers for whom they will not anſwer;13 E. 1. c. 6. and alſo ſuch ſheriffs or bailiffs as do not follow the cry of the country.

And is to deliver the liſts of perſons qualified to ſerve on juries,3 G. 2. c. 25. which he ſhall receive from the conſtables at the quarter ſeſſions, atteſting the receit on oath.

He is on receiving notice of any robbery to make freſh ſuit and hue and cry after the felons;8 G. 2. c. 16. and is to defend any action brought by one who has been robbed againſt the hundred; and is to give public notice of being ſerved with proceſs.

And is to collect the county rate; and pay it over to the county treaſurer,12 G. 2. c. 29. or account for it at the ſeſſions.

[41] 17 G. 2. c. 5. And was to pay to the petty conſtable the rate or allowance aſcertained by a juſtice of peace's certifi⯑cate for the conveyance of vagrants; which was to be allowed him by the county treaſurer, on paſſing his ac⯑counts. But ſuch rate or allowance is now to be paid immediately by the ſaid treaſurer.

If he hear any perſon ſwear or curſe,1 [...] G. 2. c. 21. he is, if a ſtranger, to ſeize him and carry him before the next juſtice, &c. or if known to him, make information before ſuch juſtice, &c. to be convicted and puniſhed^*.

Is to forward, or give notie of the orders of the lieutenant,26 G. 3. c. 107. or deputy lieutenants, to the conſtables.

And in Weſtminſter and places adjacent,30 G. 3. c. (Annual.) when re⯑quired, may billet the foot guards; and on the iſſuing of any order for that purpoſe ſhall deliver out precepts to the conſtables within his diviſion to billet the ſaid guards.

Puniſh⯑ment. If he fail,3 & 4 Ann. c. 18. in obedience to the ſeſſions warrant, to iſſue his precept to the conſtable within his hundred to convene an meet him, to prepare liſts of perſons qualified to ſerve on juries, he forfeits £. 10.

If he neglect or refuſe to collect,12 G. 2. c. 29. account for, or pay over, the county rate, he is to be ſent to jail until it is done.

If he refuſe or neglect to pay the reward of ten ſhillings for apprehending vagrants on demand,17 G. 2. c. 5. the juſtice may levy twenty ſhillings by ſale of his goods, out of which it is to be paid.

[42]Wilfully omitting the performance of his duty,19 G. 2. c. 21. in ſeizing or informing of perſons who ſwear or curſe in his hearing, he is to forfeits forty ſhillings, or be ſent to the houſe of correction.

Refuſing or neglecting to return the liſts directed by this act,26 G. 3. c. 107. § 30. or to comply with the orders of the de⯑puty lieutenants, he is to be committed to jail for a month, or fined from 40s. to £ 5.

Neglecting or refuſing to execute the warrants for providing carriages for ſoldiers,30 G. 3. c. (Annual.) he is to forfeit from twenty ſhillings to forty ſhillings. And if he neglect or refuſe (for two hours) to billet ſoldiers, or receive, de⯑mand, or agree for any reward to excuſe perſons from quartering, he is to forfeit from forty ſhillings to £ 5. This ſeems to be intended of "Weſtminſter and parts adjacent." (See p. 40).

He is removeable by the juſtices of the peace,Bulſtr. 174. 1. Salk. 150. if there be cauſe for it.

Indemnity.No perſon ſhall have an action againſt any hundred for robbery,8. G. 2. c. 16. unleſs he, before the ſecondary of the Kings Bench, the filazer of the Common Pleas, or the ſheriff of the county, (inter alia) enter into a bond to the high conſtable (who is to defend the action) for ſecuring the payment of his coſt; ſuch bond to be delivered over upon requeſt to the high conſtable; and no proceſs of execution is to be ſerved upon him; and his expences to be paid out of the aſſeſſment.

Privil [...].Mr. Dalton ſays he had ſeen a MS. ſaid to be a collection of Sir Nicholas Hide of the office of a juſ⯑tice of peace;J. P. 57. wherein was ſaid, that it was reſolved by all the judges of England, (Trin. 5 Car. 1.) that juſ⯑tices of peace at ſeſſions may not compel the conſta⯑bles of hundreds to attend at the quarter ſeſſions, and [43]to preſent offenders upon oath; otherwiſe it is as to the aſſizes, &c.

2 Jones, 46.He ſhall be diſcharged from ſerving the office of collector of the poors rate during his office^*.

Appendix A APPENDIX.

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Appendix A.1 N^o I. THE CONSTABLES OATH.

YOU ſhall ſwear, That you will well and truly ſerve our Sovereign Lord the King in the office of conſtable for the townſhip of C. within this manor [hundred or county] for the year now next enſuing, or until you ſhall be thereof diſcharged by due courſe of law: You ſhall ſee the kings peace kept, and keep all ſuch watch and ward as are uſually accuſtomed, and ought to be kept; and you ſhall well and truly do and execute all other things belonging to the ſaid office according to the beſt of your knowlege.

So help you God.

Appendix A.2 N^o II. COMMAND OR PROCLAMATION FOR RIOTERS TO DISPERSE.

OUR Sovereign Lord the King charges and commands all perſons here aſſembled, immediately to diſperſe themſelves, and peaceably depart to their habitations, on pain of impriſonment.

Appendix A.3 N^o III. FORM OF AN OBLIGATION TO BE TAKEN BY A CONSTABLE FOR KEEPING THE PEACE.

[45]

KNOW all men by theſe preſents, That I A. B. of C. in the county of D. labourer, am held and firmly bound unto E. F. yeo⯑man, conſtable of the townſhip [manor, &c.] of C. aforeſaid, in the ſum of £. 40, to be paid to the ſaid E. F. or his certain at⯑torney, executors, adminiſtrators or aſſigns, for which payment to be well and faithfully made I bind myſelf, my heirs, executors and adminiſtrators, firmly by theſe preſents, ſeal⯑ed with my ſeal. Dated this firſt day of July, in the 30th year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and ſo forth, and in the year of our Lord 1790.

THE condition of the above-written obligation is ſuch, That if the above-bounden A. B. ſhall [per⯑ſonally appear at the next general quarter ſeſſions of the peace to be holden in and for the county of D. to do and receive what ſhall be then and there enjoined him by the court, and in the mean time ſhall] keep the peace [and be of the good behaviour] toward the king and all his liege people, and eſpecially toward G. H. of C. in the ſaid county, yeoman, then the ſaid obligation to be void, or elſe to remain in full force and virtue.

Signed, ſeale, and delivered in the preſence of

Appendix A.4 N^o IV. OATH OF THE APPRAISERS OF GOODS DISTRAIN⯑ED FOR RENT, TO BE ADMINISTERED BY THE CONSTABLE.

[46]

YOU ſhall ſwear that you will faithfully appraiſe and value the goods now taken in diſtreſs, and men⯑tioned in the inventory to you ſhewn, as between buyer and ſeller, according to the beſt of your ſkill and underſtanding.

So help you God.

Appendix A.5 N^o V. APPOINTMENT OF A DEPUTY.

I A. B. conſtable of C. in the county of D. do hereby make, ſubſtitute, and appoint E. F. of the ſame place, yeoman, my true and lawful deputy in the office aforeſaid ſo long as I ſhall hold the ſame: or thus—during the continuance of my will and plea⯑ſure (or for any particular purpoſe). Dated, &c.

Appendix A.6 THE SONG of a CONSTABLE: Made by JAMES GYFFON, Conſtable of Alburye [in Surry], Anno 1626.

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To the tune of "Jump to me Coſſen." (Now firſt printed.)

I A conſtable haue tooke myne oath;
By which ſhall plaine appeere
The troth and nothing but the troath,
Whoſeuer my ſong will heere.
One greate conſtable of Ingland was,
Another late ſhould haue ben;
But litle ones now is found will ſerue,
So they be but honneſt men.
A conſtable muſt be honeſt and juſt;
Haue knowledge and good reporte;
And able to ſtraine with bodie and braine,
Ells he is not fitting for 't.

Some pariſh puttes a conſtable on,
Alas! without vnderſtanding,
Bycauſe they'd rule him when they haue done,
And haue him at their commaunding,
And if he commaunds the poore they'le grutch,
And twit him with partial blindnes;
Againe, and if he commaunds the rich,
They'le threaten him with vnkindnes:
[48]To charge or compell 'um, hee's buſie they'le tell 'um;
In paying of rates they 'le brawle,
Fall he but vnto, do that he ſhould do,
Ile warnt you diſpleaſe them all.

Whip he the roagues* they'le raile and they'le curſe:
Soldiers as rude cauſe they are
Sent to the treaſurer with their paſſe†,
And my not beg euery where.
If warrantes do come, as often they do,
For money, then he it demaundes,
To eu'yre one with 's rate he does go,
Wherein they are leuied by landes:
They 'le ſay then he gaters vp money of others,
To put to vſe for increaſe;
Ells he gathers it vp, to run awaye wu't:
What terrible wordes be theſe!

Hearing a preſſe for ſouldiers theyle ſtart,
Ells hide them ſelues when we come;
Their wiues then will ſaye, to preſſe wee yee maye:
Our huſbands are not at home‡.
[49]Coyne for magazens ſent for in haſt;
Much ado was eare they yeilded,
Yet's gather'd and paid; and I am afraid
They will not in haſt be builed.
The juſtices will ſet vs by the heels
If wee do not do as we ſhould;
Which if we performe the twonſmen will ſtorme;
Some of them hang's if they could,

The conſtable's warnde to th' ſeſſions then,
Vnwilling ſome goes, alas!
Yet there may wit and experience lerne,
If that he be not an aſſe.
There ſhall he ſee the juſtices ſet,
Here three of O yeſes, and
Then ſhall he here the commiſſion read,
Though little he vnderſtand*.
Our free landed men are called for in then,
To be of the great inqueſt,
The chief of our townes, with hoare on their crownes,
That what ſhould be done knowes beſt.

Choice men of euerye towne in the ſheire,
Three juries their muſt be more,
Cald vnto the booke with "here, ſir, here!"
The wiſeſt of twentye before;
[50]Then there ſhall he ſee whom hath tranſgreſt
Puniſhed for his offence,
There ſhall he here a number amerc't,
Along of their negligence:
What things are amiſſe, what doings there is,
Juſtices charge them enquier,
Fore clarke of the peace and baylies at leaſt
A dozen beſides the crier.

Verdicts muſt come from theſe juries then,
But howſoeare they endite them,
Theyle not be tooke till next day by ten,
Vnleſſe that their clarkes do wright them.
Ruff wordes or ſmooth are all but in vaine,
All courts of proffit do ſavour,
And though the caſe be neuer ſo plaine,
Yet kiſſing ſhall go by fauour:
Theyle puniſh the leaſteſt, and fauour the greateſt,
Nought may againſt them proceede,
And who may dare ſpeak againſt one that is great,
Lawe with a powlder indeede!

But now my conſtableſhip's neare done:
Marke hearers, ſayers and ſingers,
There is not an officer vnder the ſunne
But does looke through his fingers.
Yet where I ſee one willing to mend,
Not prating nor making excuſes,
Such a one if I can Ile befreind;
And puniſh the groſſe abuſes.
My counſel now vſe, you that are to chuſe,
PUT ABLE MEN EUER IN PLACE;
FOR KNAUES AND FOOLES IN AUTHORITYE DO
BUT THEMSELUES AND THEIR COUNTRIE DIS⯑GRACE

FINIS.

Appendix B ERRATA.

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Page xxii. for ordnance, read ordinance.

Page xxvi. after l. 9. inſert:

Now bi Chriſt, quod the kyng, and I catch might
Faſs or Fauel, or anie of there feeris,
I woſde be wroken of tho wreches that worken th [...]s ii,
And done hem hang bi the haſs, and aſ that hem meintey⯑neth;
Shal neuer man of thys moſde may upryſe the leeſt,
But ryght as the law woſ ſoke, ſet faſ on hem aſ
And commaunde a CONSTABLE that 'cam' at the fyrſt,
To attache tho tyrauntes for any thyng ihote,
And fetter faſt Faſsnes for any kynnes gyftes,
And gyrde of Gyles hed, and ſet hym go no f [...]rther;
And if ye cache Lyer, let him not eſcape,
Or he be put on the piſſerye for any prayers ihote,
And bringe Mede to me in mauger them all.

And add Again, in a different place: and in the note, after Fo. inſert xi.

l. 14. for This paſſage is read Theſe paſſages are.

l. 17. after time, make the period a comma, and read or cut off their heads; and, in that and the next line, for it is, read they are.

l. 23. add And, indeed, that the ſuppoſition is groundleſs will appear from another paſſage, where our officer is found in very good com⯑pany, it is true, but in his ordinary occupation.

Shaſ neither kinge ne knyght, CONSTABLE, nor mayre,
Ouerſeade the common, ne to the courte ſommone,
Ne put hem [in] panel, to done hem pſight her truth.

(Fo. xvi, b.)

4. for 1 Mod. 42. r. 6 Mod. 42.
for Freeman 256. r. 12 Mod. 256.
5. after Styles, 362. add Barnard. 51.
after (Noy 112.) add Mar. 30.
6. for Mod. 13. r. (1 Mod. 13.)
26. for Freeman, 256, r. 12. Mod. 256.
27. for 20 and 30, r. 30 and 40.
32. for Forſter r. Foſter.
48. for eu'yre, r. eu'rye.

2.

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THE JURISDICTION OF THE COURT-LEET.

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THE JURISDICTION OF THE COURT-LEET: EXEMPLIFYED IN THE ARTICLES WHICH THE JURY OR INQUEST FOR THE KING IN THAT COURT IS CHARGED AND SWORN, AND BY LAW ENJOINED, TO ENQUIRE OF AND PRESENT.

TOGETHER WITH APPROVED PRECEDENTS OF PRESENTMENTS AND JUDGEMENTS IN THE LEET; AND A LARGE INTRODUCTION, CONTAINING AN ACCOUNT OF THE ORIGIN, NATURE, AND PRESENT STATE, OF THIS INSTITUTION.

VELUT UMBRA.

LONDON: PRINTED FOR WHIELDON AND BUTTERWORTH, IN FLEET-STREET; AND P. BRETT, OPPOSITE ST. CLEMENT'S CHURCH, IN THE STRAND.

M.DCC.XCI.

ADVERTISEMENT.

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IT was originally intended that the compilers publica⯑tion on the ſubject here treated of ſhould have compriſed all that, to his knowlege, had been ſaid, or in his judge⯑ment, could be ſaid, upon it. Large collections were made for the purpoſe, and the work partly proceeded in; but the bulk of the volume, and the ſcanty ſale it was likely to experience, effectually diſcouraged him from proceeding with that plan, and produced the Introduction and Analyſis now preſented to the public.

INTRODUCTION.

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TO the conciſe view attempted in the following pages of the juriſdiction of the Court Leet it may not be improper to prefix a few words upon the name, antiquity, nature, and preſent ſtate of this ancient and venerable tribunal.

I. The name or ſtile of this court,NAME. as formally entered in its own proceedings, is the "Court Leet and View of Frankpledge." The word Leet,—which, it is very remarkable, is to be found neither in the Saxon law, nor in Glanvil, Bracton, Britton, Fleta, or the Mirror, our moſt ancient law writers, nor in any ſtatute prior to the 27th year of King Ed. III.⁽¹⁾ though it is allowed to occur in the Conquerors charter for the foundation of Battle Abbey, and not unfrequently in Domeſday book⁽²⁾,—ſeems to be derived from the Saxon leoð plebs; and to mean the populi curia, or folk mote, as the Sheriffs tourn or Leet of the county (at leaſt) appears to have been once actually called⁽³⁾; in contra⯑diſtinction, perhaps, to the Halmote or Court Baron, [vi]which conſiſted of the free tenants only, who, being few in number, might conveniently aſſemble in the Lords Hall; whereas the Leet, which required the attendance of all the refiants, and concerned the adminiſtration of public juſtice, was, as there will be hereafter occaſion to mention, uſually held in the open air. The "view of Frankpledge," viſus franciplegii, means the examination or ſurvey of the freepledges, of which every man, not particularly privileged, was anciently obliged to have nine, who were bound that he ſhould be always forth⯑coming to anſwer any complaint. The better to under⯑ſtand this we are to be informed that the kingdom being divided into countys or ſhires, and each county into hundreds, and each hundred into tithings, each tithing containing ten families or houſeholds, the heads of theſe families were reciprocally bound and reſponſible for each other; ſo that, in fact, of every ten houſeholders through⯑out the kingdom each man had nine pledges or ſureties for his good behaviour⁽⁴⁾. This is the famous ſyſtem of King Alfred, ſo much applauded by both ancient and [vii]modern writers; which produced ſuch ſingular effects among a barbarous and diſorderly people, that a man might have hung his purſe by the ſide of a public road, and found it untouched a month after; or might have ridden, with much treaſure, and no other weapon than a white wand, from one end of the kingdom to the other⁽⁵⁾. Since, however, this ſo excellent and admirable inſtitution is, from whatever cauſe, ſunk into total diſuſe, there not having been any freepledges in the kingdom for two or three centuries, the words "View of Frankpledge" in the ſtile of the court ſeem now altogether unneceſſary and improper. It is alſo called a Lawday ⁽⁶⁾.

ANTIQUITY. II. That the Leet is "the moſt ancient court in the land" (for criminal matters, that is, the Court Baron being of no leſs antiquity in civil) has been pronounced by the higheſt legal authority⁽⁷⁾. For though we do not meet with the word among the Saxons, there can be no doubt of the exiſtence of the thing. The venerable chief juſtice who lately retired from the elevated ſituation [viii]in which he had ſo long preſided found this court "coeval with the eſtabliſhment of the Saxons here," and its activity "marked very viſibly both amongſt the Saxons and the Danes⁽⁸⁾." In thoſe times whoever poſſeſſed a vill or territory, with the liberties of ſoc, ſac, &c. (a long ſtring of barbarous words) was the lord of a manor, had a court leet, court baron, and, in a word, every privilege which it ſeems to have been poſſible for the monarch to beſtow, or for the ſubject to acquire⁽⁹⁾.

III.NATURE. The Leet is a court of record for the cogniſance of criminal matters, or pleas of the crown, and neceſſarily belongs to the King; though a ſubject, uſually the Lord of a Manor, may be and is entitled to the profits, conſiſting of the eſſoign pence, fines and amerciaments. It is held before the Steward, (or was, in ancient times, before [ix]the Bailiff)⁽¹⁰⁾ of the Lord, that is, of the perſon intitled to the perquiſities of Court, whether king or ſubject. This officer, who ſhould be a bariſter of learning and ability⁽¹¹⁾, is judge of record⁽¹²⁾ may take recognizance of the peace⁽¹³⁾, may fine⁽¹⁴⁾, impriſon⁽¹⁵⁾, and, in a word, "as to things to which his power extends, hath equal power with the Juſtices of the Bench⁽¹⁶⁾." In one inſtance, at leaſt, he has even more; for, if he ſhould be in want of jurors, he may compel a ſtranger who is riding along the highway to alight and be ſworn⁽¹⁷⁾; which, it is conceived, the Lord Chief Juſtice of England, in all the plenitude of his authority, cannot do. It is held ſometimes once, ſome⯑times thrice, but, moſt commonly, twice in the year; that is, within a month after Eaſter, and a month after Michaelmas⁽¹⁸⁾; and cannot, unleſs by adjournment, be held at any time not warranted by ancient uſage. As to the place in which it is held, that, it has been ſaid, may be any where within the precinct⁽¹⁹⁾; but, more [x]ſtrictly ſpeaking, ought to be certain and accuſtomed⁽²⁰⁾. Formerly, either for the convenience of the ſuitors, or from an excellent principle of the common law, that courts of juſtice ſhould be as public as poſſible, if uſed to be held in the open air, upon a fair green, on the ſide of a hill, or under a large tree⁽²¹⁾. All perſons above the age of twelve years, except peers, clerks, women, and aliens, reſiant within the diſtrict, whether maſters or ſervants, owe perſonal ſuit and attendance to this court, and ought to be here ſworn to their fealty and allegiance⁽²²⁾; and here alſo, by immemorial uſage and of common right, that moſt ancient conſtitu⯑tional officer the Conſtable⁽²³⁾, and ſometimes, by preſcription the Mayor of a borough⁽²⁴⁾ are elected and ſworn. The general juriſdiction of the court will appear form the following pages to extend to all crimes, offences and miſdemeanors at the common law, as well as to ſeveral others which have been ſubjected to it by [xi] [...]ct of parliament⁽²⁵⁾. Theſe are enquired after by a body of the ſuitors, elected, ſworn and charged for that purpoſe, who muſt not be leſs than twelve, nor more than twenty three; and who, in ſome manors, continue in office for a whole year, while, in others, they are ſworn and diſcharged in the courſe of the day. Whatever they find they preſent to the Steward; who, if the offence be treaſon or felony, muſt return the preſentment (in theſe caſes called an indictment) to the kings juſtices⁽²⁶⁾: in all other caſes he has power, upon the com⯑plaint of any party grieved, or upon ſuſpicion of the con⯑cealment of any offence, to cauſe and immediate enquiry into the truth of the matter by another jury⁽²⁷⁾. But the preſentment, being received, and the day paſſed, ſhall be held as true and ſacred as the Goſpel, and, unleſs it con⯑cern the partys freehold, ſhall not be ſhaken or queſtioned by any tribunal whatever⁽²⁸⁾. Upon every preſentment [xii]of the jury retained by Court, an amerciament⁽²⁹⁾ follows of courſe, which is afterward, in open court⁽³⁰⁾ agreeable to Magna Charta⁽³¹⁾ aſſeſſed by the pares curia, that is, the peers or equals of the delinquent, affeered [...] reduced to a certainty or to a preciſe ſum, by two or more ſuitors ſworn to be impartial⁽³²⁾. The amerciaments thus aſcertained are then eſtreated (or extracted) from th [...] roll or book in which the proceedings are recorded, and levyed by the Bailiff, by diſtreſs and ſale of the party goods⁽³³⁾, by virtue of a warrant from the Steward [...] [xiii]that effect⁽³⁴⁾; or may be recovered by other means⁽³⁵⁾. This practice, in ſubſtance at leaſt, is of prodigious anti⯑quity; and is, perhaps, the only perfect repreſentation ſtill [xiv]extant of the criminal part of the conſtitution. Before the conqueſt, and probably for ſome time after, this court of the Leet was, if not the ſole, at leaſt the moſt uſual diſpenſary of criminal juſtice in the kingdom. No crime, in thoſe remote ages, appears to have been puniſhed by death, unleſs it were that of open theft, where the offender was taken with the mainour, that is, with the thing ſtolen upon him;—and of this crime, and this only, the cogni⯑ſance did not belong to the Leet⁽³⁶⁾ All other offences, of what nature or degree ſoever, ſubjected the party to a mulct or pecuniary fine, which was, in many caſes, de⯑terminate and fixed. "For two hundred ſhillings," obſerves an ingenious writer, "you might have killed a peaſant; for ſix times as much a nobleman: for ſix-and-thirty times as much you might have killed the king. A king in thoſe days was worth exactly 7,200 ſhil⯑lings⁽³⁷⁾." This pecuniary compoſition, with reſpect to certain capital offences, was abrogated, and the puniſh⯑ment of death ſubſtituted in its place, by K. Henry I.⁽³⁸⁾ [xv]How far this alteration might affect the Leet we are not now able to diſcover. But it is not improbable that the diſtinction of indictments for felonies, and preſentments of inferior offences, owes its origin to the above meaſure. It is ſtill doubtful, however, what became of a perſon indicted at the Leet for a capital offence before the in⯑troduction of the petty jury (as it is now called) in the reign of Edward I. or Henry III.⁽³⁹⁾: as it ſhould ſeem that ſuppoſing an indictment, poſitively affirming ſuch a one to have committed a capital crime, had been returned to the kings juſtices at the iter or jail delivery⁽⁴⁰⁾ the puniſhment muſt have been awarded without further pro⯑ceſs, or any plea, traverſe, or anſwer, from the party; of courſe, that they had nothing to do but to pronounce ſentence of death: a preſentment of any fact upon the oath of twelve men, judicially appointed to enquire there⯑of, being always concluſive by the ancient law; as, indeed, it is, in many caſes, particularly with reſpect to offences [xvi]of which the enquiry, as well as the puniſhment, ſtill belongs to the Leet, at this day⁽⁴¹⁾

It has been ſaid by Sir Edward Coke, and repeated by the noble judge already mentioned, that, by the clauſe Nullus vicecomes, &c. in the Great Charter⁽⁴²⁾, "the [xvii]juriſdiction of the Leet was abridged, its power to hear and determine taken away;" but it has been ſaid and repeated without due attention either to the nature and conſtitution of the Court, or to the law of the time. No offence, it is well known, is at this day, or, for aught that appears, ever was, heard and determined in the Leet,—nor, before the period refered to, by any other criminal court in the kingdom,—otherwiſe than upon the preſentment of twelve men,—or what we now, in moſt courts, call the Grand Jury. This preſentment, as has been already obſerved, found and eſtabliſhed the fact; and judgement, whether of miſericordia, mutilation or death, followed as an incident or matter of courſe, preciſely, indeed, as the puniſhment does at this day on the ver⯑dict for the king of the petty jury. In fact, therefor, the juriſdiction of the Leet was not in the leaſt abridged or affected by that charter; nor is it at all probable that the Barons would either ſeek or ſuffer the diminution of their own privileges, of which, on the contrary, there is an expreſs ſaving.

That this court has no power to enquire of the death of a man, or of rape⁽⁴³⁾, is a more ancient, but not leſs erroneous, opinion. The contrary is moſt directly and expreſsly held in the Statutum Walliae, in Britton, Fleta, the Mirror, and the ſtatute (or whatever it is) of 18 Ed. 2. all much older and better authorities than the book of Aſſiſes⁽⁴⁴⁾, in which that opinion firſt appears. If, in⯑deed, [xviii]the reaſon of the exception be that the enquiry of theſe two crimes belonged properly to the Coroner, it may be readily admitted without impeaching the juriſdic⯑tion of the Leet. The Coroner took cogniſance of death ſuper viſum corporis, and of rape, as well as other offences, by appeal only. It follows, therefor, that in every in⯑ſtance, either where he could not, or did not, act, the enquiry muſt be in the Leet, otherwiſe the offender ſhould have eſcaped without puniſhment, which would be abſurd. They who ſuppoſe Rape, as a felony, to be excepted, be⯑cauſe it has been made ſo by act of parliament, and allow it to be enquired of as a treſpaſs⁽⁴⁵⁾, ſeem to have forgot that it is a treſpaſs by act of parliament⁽⁴⁶⁾ and a felony at common law⁽⁴⁷⁾; they ſhould have alſo recollected the general rule, that where a treſpaſs is by ſtatute turned into felony the treſpaſs is merged⁽⁴⁸⁾.

It is indeed unaccountable how ſuch groundleſs aſſertions come to be made. There is no point better ſettled than that the Steward of a Leet may award to priſon perſons either indicted, or accuſed, of felony, before him, or [xix] [...]uilty of any contempt in the face of the court. And [...]et lord Coke has not heſitated to aſſert that the Leet, [...]hough a court of record, hath no power to impriſon⁽⁴⁹⁾; [...]n aſſertion in which he is poſitively contradicted by every [...]uthority ancient or modern⁽⁵⁰⁾. Theſe errors are, pro⯑bably, owing to the imperfect knowlege judges and law⯑yers are content to acquire upon certain uprofitable ſub⯑jects. "From Magna Charta, to this time," ſays the [...]ate illuſtrious chief, Courts Leet "have been always abridged, never enlarged ⁽⁵¹⁾." It is an inconteſtable fact that the juriſdiction of the Leet has been enlarged by ſeveral ſtatutes, and was never abridged by one ⁽⁵²⁾.

PRESENT STATE. IV. Though the Leet, from being principal cri⯑minal court in the kingdom, is now conſidered as the [...]oweſt, the greater part of its buſineſs having been tranſ⯑fered to other more extended juriſdictions, yet it muſt not be ſuppoſed that the power and authority of the court is thereby diminiſhed and gone. On the contrary, there is no offence which it ever did or could enquire of and [xx]puniſh, which it may not equally enquire of and puniſh at this day. That the tourn and the leet have been ſo long in a declining way is not, however, at all owing to the cauſe refered to by a learned writer⁽⁵³⁾, i. e. the diſ⯑charge granted by the ſtatute of Marlbridge (in which, by the way, the Leet is not mentioned) to all prelates, peers, and clergymen, from their attendance on theſe courts; ſince the county court and court baron, which they are ſtill com⯑pellable to attend (at leaſt by attorney), are ſcarcely in a more flouriſhing condition. Neither is it perfectly clear that "experience has ſhewn the wiſdom of widening the circle of both civil and criminal juriſdiction"⁽⁵⁴⁾. Changes may be for the worſe as well as for the better. True it is that the buſineſs of the Leet hath for the moſt part gra⯑dually devolved upon the quarter ſeſſions⁽⁵⁵⁾; but many reaſons may be given for this circumſtance much more plauſible than thoſe already mentioned. In the firſt place the increaſed population, and more commercial turn of the country, and the conſequent increaſe of offenders and of⯑fences, required the diſpenſaries of juſtice to be, if not always, at leaſt frequently, open: whereas the Leet is ſeldom held more than twice, and ſometimes but once, in the year; though it may certainly be kept open by ad⯑journment from month to month, from week to week, or even from day to day. Secondly, the juriſdiction of this court is, upon whatever principle, confined to offences at the common law, which are become leſs numerous than thoſe created by act of parliament. A third reaſon may be, the Steward of a Leet ſeldom reſides upon the ſpot; juſtices of peace, on the contrary, are every where to be [xxi]met with, and by keeping, in a manner, open ſhop, make their profeſſion and powers familiar to the people, who love to buy law, one would think, as they do any other commodity. The learned commentator is therefor in the right where he reckons "the almoſt entire diſuſe and contempt of the court-leet, and ſheriffs-tourn, the kings ancient courts of common law; formerly," he obſerves, "much revered and reſpected," among the miſchievous effects of the change in the adminiſtration of juſtice, by [...]ummary proceedings before juſtices of the peace⁽⁵⁶⁾: a change which, as it places the liberty and property of the ſubject in the power of a ſingle, too often an inſolent and oppreſſive, and not unfrequently an intereſted and corrupt man⁽⁵⁷⁾, as it is deſtructive of trial per pares ⁽⁵⁸⁾, and only favorable to a ſyſtem of tyranny and arbitrary power, cannot be ſufficiently reprobated.

[xxii]To the circumſtances already noticed may be added the practice adopted in the quarter ſeſſions, and other ſuperior courts, of allowing and trying a traverſe to the Grand Jurys preſentment⁽⁵⁹⁾; a proceeding to which, whethe [...] it be good or bad, the primitive conſtitution of the coun⯑try is an utter and total ſtranger. It gives occaſion, how⯑ever, to a number of offices, a long liſt of fees, and af⯑fords employment to a multitute of lawyers and attorneys; a deſcription of men unknown to the tourn or leet; on [...] may add alſo, in former times, to the country court an [...] court baron, and conſequently to the ancient law, which was too ſimple to need their interference, and, poſſibly, too juſt to ſuffer it⁽⁶⁰⁾. The proceedings in the Lee [...] [xxiii]are without expence; the ſuitor pays no fees; and advo⯑cates or attorneys, of courſe, never enter it. A public-ſpirited proſecutor cannot here be at a charge of forty or fifty pounds to get an offender (in whoſe puniſhment he is no more concerned than any other member of ſociety) fined ſo many ſhillings, or perhaps pence⁽⁶¹⁾; nor will one of a different diſpoſition find in this court an oppor⯑tunity of gratifying his malice. The puniſhment of the guilty is not aggravated, nor the acquittal of the innocent purchaſed, by the payment of heavy coſts, or court fees. Twenty-three men do not here, upon their oath, find a man guilty of an offence of which twelve others, likewiſe upon their oath, immediately afterward acquit him; nor do thoſe who are ſworn to enquire with diligence, and preſent the truth, refuſe to hear half the evidence. In fine, public juſtice is not in this court ſacrificed to private [xxiv]lucre, nor a criminal proceſs turned into an action fo [...] damages⁽⁶²⁾.

The peculiar excellence of this moſt ancient and re⯑ſpectable tribunal is, that it does what is uſually called every bodys buſineſs and nobodys buſineſs. The juro [...] [xxv]are to enquire of ſuch offences or diſorders as may happen within their own neighbourhood, under their own obſer⯑vation; [xxvi]in order that, if they cannot be avoided by timely interference, an adequate penalty may prevent their rep [...] ⯑ [...]tion. [xxvii]They are to be themſelves vigilant; to ſee with [...]eir own eyes; to hear with their own ears; and, if the evidence of others ſhould, as it may ſometimes, in offences [...]lready committed, happen to be neceſſary, to receive it [...]partially⁽⁶³⁾. A juriſdiction of which the end is juſ⯑ [...]ce will abhor the uſe of baſeneſs in the means to attain [...]: this of which we are now ſpeaking affords neither [...]ncouragement nor countenance to a common informer, [...]ho ſeems to be to Law, what the jackall is ſaid to be to [...]e Lion,—a ſervile and dependent monſter, employed to [...]ſcover and hunt down the prey of an indolent and vora⯑ [...]ous tyrant.

To conclude: Whether it be now too ſoon—for it [...]eems impoſſible that the day ſhould never arrive when [...]he people at large will be convinced that even (what is [...]alled) law may be unjuſt, tyrannical and oppreſſive, and [...]hat it is eſſential to their happineſs to have juſtice admi⯑ [...]iſtered, in its utmoſt ſimplicity, free of expence, and as [...]ear as poſſible to their own doors—But whether it be [...]oo ſoon or too late to expect that the Leet, however [...]enerable for its antiquity, honorable for its conſtitutional [...]rigin, excellent in its inſtitution, and uſeful in its effects, [xxviii]ſhould ever recover its ancient influence and extende [...] juriſdiction,—unleſs by a remedy which might prove eve [...] worſe than the diſeaſe,—the introduction of fees, pleading lawyers and attorneys,—it is, at the ſame time, much [...] be deſired that the exerciſe of thoſe powers which it [...] ſtill retained, and which apply to the puniſhment and pre⯑vention of ſuch offences as, being the moſt frequent, a [...] poſſibly the moſt generally injurious, or, at leaſt, vexa⯑tious, may be enforced with vigour and efficacy, and ſociety thereby receive a benefit which is only undervalue perhaps, becauſe it is not paid for, and its ſource too litt [...] beholden to diſtance and myſtery,—qualitys, it would ſeen equally neceſſary to enſure reverence to Religion and [...] Law.

THE JURISDICTION OF THE COURT-LEET, &c.

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I. CRIMES.

TREASON. HIGH TREASON; [...]itton, c. 29. [...]. Wal. 12 E. 1. at. 18 E. 2. H. 6. 12. H. 6. 44. H. 6. 7. E. 3. ſt. 5. c. 2. [...]chin. 16. 100. Hale P. C. 91. [...]aw. P. C. 105. that is, the compaſſing or imagining of the death of the King, Queen, or Prince, declared by ſome overt act;—the violation or carnal knowledge of the Kings Conſort, his eldeſt daughter unmarryed, or the Princes's wife;—the levying of war againſt the King;—the adhering to his enemies within the land or without, declared by ſome overt act;—the counterfeiting of his great or privy ſeal, or of his money; or the bringing of counterfeit money into the realm;—the kill⯑ing of the chancellor, treaſurer, juſtices of either bench, in eyre, of aſſiſe, or oyer and terminer, being in their places, doing their offices; [...]le P.C. 235.—the receiving of a traitor knowingly; the voluntarily permitting of him to eſcape; or the breaking of the Kings priſon to enlarge him.

[2]Petit Treaſon;2 [...] E. 3. ſt. 5. c. 2. Br. Leygag. 99. Modus tenendi curiam Baronis, &c. 1533. 4, b. Kitchin. 16. that is, the killing, by a ſervant, of his maſter or miſtreſs; by a wife, of her huſband; or, by a clergyman, of his prelate or ſuperior (except where it is or may be found by the Coroner).

FELONY. The waſhing or clipping of gold or ſilver money.22 E. 4. 22. Br. Leete. 26. Mod. tenen. cu. Bar. 4, b. Kitchin. 16. [Made High Treaſon by 3 H. 5. c. 6. rep. by 1. Ma. ſt. 1. c. 1. rev. by 5 Eliz. c. 11.]

Murder;Stat. Wal. Britton, c. 29. Kitchin. 17. 2 Haw. P.C. 105. that is, the killing of a man with malice expreſs or implyed (except as above).

Manſlaughter;Ibi. that is, the killing of one without malice (except as before).

Involuntary,Ibi. or excuſable, homicide, or chance medley; that is, the killing of a man per infortunium, by miſadventure, againſt or beſides the will of the killer, or ſe defendendo (except as above).

Mayhem;Fleta. l. 2. c. 52. Staun. P. C. 38, b. Kitchin. 16. that is, the depriving a man of the uſe of ſuch of his members are neceſ⯑ſary in fight, either to defend himſelf or to annoy his adverſary, as his eye, tongue, fore⯑tooth, hand, finger, teſticles, &c.

Rape;Glanvill. l. 14. c. 6. Bracton. l. 3. t. 2. c. 28. Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Stat. 18 E. 2. Staund. P. C. 21, b. Mod. tenen. cur. Bar. 7. Kitchin, 17. 100. 3 Inſt. 60. 2 Hawk. P. C. 105. that is, the carnal knowledge of a woman, by force and violence, againſt her will.

[3]Arſon;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mo [...]te cu. Bar. 5. Kitchin. 17. 100. 1 Hale P.C. 566. that is, the malicious and voluntary burning of the houſe or outhouſe of another, by night or day.

Hamſoken;Stat. Wal. Brit. c. 29. Mirror. c. 1. § 11. Stat. 18 E. 2. 1 Hale. P.C. 548. Lye. Dic. Sax. v. Hamſo [...]n. that is, the breaking or inva⯑ſion of a houſe, by day or night.

Burglary;Brit. c. 29. Mo. ten. cu. Bar. [...]o, b. Kitchin. 17. 100. that is, the breaking into a dwel⯑ling-houſe in the night time, with intent to commit a felony.

Robbery;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mo. te. cu. Bar. 7. Kitchin. 17. 100. [...] Hale. P.C. 532. that is, the feloniously and vio⯑lently taking of any money or goods from the perſon of another, putting him in fear, be the value above or under one ſhilling.

Larceny;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1 § 17. Mo. te. cu. Bar. 5. Kitchin. 17. 100. that is, the ſtealing or fraudulently taking and carrying away of money, cattle, goods, or other perſonal thing, above the va⯑lue of twelve pence.

Petit Larceny;Stat. Wal. Britton. c. 15. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Mo. te. cu. Bar. 5. Kitchin. 18. 102. that is, the ſtealing or fraudu⯑lently taking and carrying away of money, geeſe, hens, or other perſonal thing, of or un⯑der the value of twelve pence;

The taking of doves or pigeons either out of a dove-houſe,Stat. Wal. Brit. c. 29. Stat. 18 E. 2. Kitchin. 18. 102. by night, or flying from it, or in winter by ſnares;

The voluntary permiſſion of a gaoler to the eſcape of a felon in his cuſtody; [...]leta. l. 2. c. 52. Kitchin. 18. 102. the reſcuing of a felon in cuſtody; the eſcape of a felon, either without force, or by breach of priſon [4]or other violent means; or the receiving of a felon knowingly.

The returning of outlaws,Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Mo. ten. cu. Bar. 5. 11. exiles, and per⯑ſons who have abjured the realm, without warrant;

The being acceſſary to petit treaſon or fe⯑lony (not petit larceny);Mirror. c. 1. § 17. 1 Hale. P.C. 540. 4 Blackſt. Com. 36. 37. that is, either before the fact, in procuring, counſeling, or com⯑manding another to commit a crime, and be⯑ing abſent at the commiſſion thereof; or after the fact, in receiving, comforting, or aſſiſting the criminal, knowing him to be ſuch.¹

II. MISDEMEANOURS.^*

[5]

MISPRISIONS, CONTEMPTS, AND OFFENCES AGAINST THE KING OR THE LORD. MISPRISION of Treaſon and Felony;Blackſt. Com. 20. 121. that is, the knowlege and concealment of thoſe crimes.

The concealing of treaſure-trove.Blackſt. Com. 21. Vide poſt.

The diſcloſing by a juror, [...]bi. 126. to a perſon in⯑dicted, of the evidence againſt him.

The withdrawing or withholding of ſuit to the court;Britton. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. [...]at. 18 E. 2. which is due by all of twelve years and upward, not being peers, prelates, clerks, women, or aliens, reſiant a year and a day. Such reſiants not being ſworn to their fealty or allegiance.Mirror. c. 1. § 17. [...]at. 18 E. 2. [...]o. te. cu. Ba. 6. Kitchin 103.

The withdrawing, [...]at. Wal. Brit. c. 29. [...]leta. l. 2. c. 52. withholding, concealing, or alienating of the Kings rights.

[6]The accroaching or appropriating of rights royal,Stat. Wal. without warrant; as gallows, amends (or cogniſance) of the aſſiſe of bread and ale broken, plea of replevin, and the like.

The claiming of franchiſes or rights royal;Brit. c. 29. and the raiſing of new franchiſes, cuſtoms, or rights.

The withdrawing of cuſtoms and ſervices due to the court.Stat. 18 E. 2.

Every purpreſture or incroachment upon the King or the lord.Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Mod. tenen. cu. Bar. 6, b. 2 Hawk. P. C. 106.

The diſturbing of the adminiſtration of juſ⯑tice,1 Haw. P.C. 58. by a direct contempt offered to the court.

OFFENCES AGAINST PUBLIC JUSTICE. The obſtructing of the execution of lawful proceſs;Mirror. c. 1. § 17. 4 Blackſt. Com. 129. or the diſturbing of the Kings of⯑ficers in the execution of their duty.

Hue and Cry;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Kitchin. 101. 3 Inſt. 118. or other offender, by freſh ſuit, rightfully raiſed, not purſued.

The negligent eſcape of a felon.Fleta. l. 2. c. 52.

The breach of priſon by one lawfully con⯑fined (not for treaſon or felony).Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. 4 Blackſt. Com. 130.

The reſcue of one lawfully arreſted or con⯑fined (not for treaſon or felony).Mod. tenen. cu. Bar. 5, b. Kitch. 21. 101. 4 Blackſt. Com. 131.

[7]The retaining of a felon elſewhere than in the Kings priſon beyond a day and a night.Brit. c. 29.

The receiving of ſtolen goods, [...]at. Wal. [...]it. c. 29. knowing them to be ſo.

The going in meſſage for thieves or felons, [...]tat. 18 E. 2. [...]o. te. cu. Bar. 5. Kitchin. 21. as to procure them victuals, &c.

Theft-bote; [...]tat. Wal. [...]rit. c. 29. [...]leta. l. 2. c. 52. Mirror. c. 1. § 17. that is, the receiving, by any one, of his goods when ſtolen, or the taking of other amends not to proſecute the thief.

The unjuſt detention of perſons bailable, [...]leta. l. 2. c. 52. and the diſmiſſion of thoſe not ſo.

Foreſtalls; [...]tat. Wal. Mirror. c. 1. § 17. Kitchin. 20. that is, the reſcous or reſcuing of beaſts diſtrained, in their way to the pound.

Pound-breach; [...]tat. Wal. [...]rit. c. 29. Mirror. c. 2. § 26. Kitchin. 20. Haw. P.C. 106. that is, the breaking of the common pound, and taking any diſtreſs there⯑out.

Barratry;Kitchin. 20. that is, the exciting and ſtirring up of ſuits and quarrels between his Majeſtys ſubjects, either at law or otherwiſe.

Maintenance;Haw. P.C. 249. Blackſt. Com. [...]4. that is, the officiously ſtirring up or interfering in quarrels or ſuits, or the maintaining or aſſiſting of either party with money or otherwiſe to proſecute or defend.

Champerty;Haw. P.C. 156. that is, the unlawful mainte⯑nance of a ſuit, in conſideration that the champerter ſhall have part of the lands or thing in diſpute, or part of the gains.

[8]The buying of titles;1 Haw. P.C. 161. that is, doubtful or diſputed titles to land.

Conſpiracy;3 Inſt. 143. 4 Blackſt. Com. that is, a combination of two or more to indict an innocent man of felony, falſely and maliciously, and who is accordingly indicted and acquitted.

Perjury;1 Hawk. P.C. c. 69. that is, a wilful falſe oath in any proceeding in a court of juſtice^*.

Subornation of perjury; that is, the pro⯑curing of a man to take ſuch falſe oath.

Bribery;4 Blackſt. Com. 140. that is, the taking by, or offering to, any judge, officer, or other perſon con⯑cerned in the adminiſtration of juſtice, of any reward, to influence his behaviour in his office.

Embracery;Ibi. 141. that is, the labouring, influ⯑encing, or attempting to influence, a jury, by promiſes, perſuaſions, entreaties, money, en⯑tertainments, or the like.

The misfeaſance,Mo. te. cu. Bar. 7. Kitch. 22. 105. neglects, or defaults, of public officers, as bailiff, coroner, conſtable, &c.

Forgery;1 Haw. P.C. 182. 4 Blackſt. Com. 247. that is, the falſely and fraudulently making or altering any record or other au⯑thentic [9]writing of a public nature, as a pariſh regiſter, deed, will, &c.

The embezzling,Hawk. P. C. 45. defacing, or altering, of any record, without due authority.

Extortion;Black. C. 141. [...]z. J. P. 13. that is, the unlawful taking, by colour of ones office, of any money or thing of value not due to him, or more than is due, or before it is due.

Every wrong done by the Kings miniſters, [...]irror. c. 1. § 17. or others, to the commonalty of the people.

OFFENCES AGAINST THE PUBLIC PEACE. The coming before the Kings juſtices or miniſter, [...]E. 3. c. 3. Black. C. 149. doing thier office, with force and arms; the bringing of any force in affray of the peace; or the going or riding armed (with dangerous or unuſual weapons, to the terror of the people).

Affrays; [...]it. c. 29. [...]itchin. 20. 105. Inſt. 158. Haw. P.C. 106. that is, the fighting of two or more in ſome public place, to the terror of his Majeſtys ſubjects.

Brawls; [...]it. c. 29. [...]o. te. cu. Bar. 6. [...]tchin. 20. that is, the brawling, quarreling, or chiding, of two or more.

Common ſcolding [of a woman]. [...]chin. 104. 8. [...]oore. 847. 6 Mod. 200. 1 Hawk. P. C. 200.

Riots,Inſt. 176. Black. C. 146. Routs, and Unlawful Aſſemblies; that is, 1. where three or more do an unlaw⯑ful act, as beating a man, &c. with force and violence; 2. where three or more meet to do an unlawful act upon a common quarrel, as [10]to break down encloſures, &c. and, 3. where three or more aſſemble to commit a rout or riot, and do it not.

Hue and cry wrongfully raiſed.Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Mo. ten. cur. Bar. 11, b.

The ſpreading of falſe news,4 Black. C. 149. to make diſ⯑cord between the King and nobility.

The challenging of another to fight.Ibi.

Libels;Ibi. that is, malicious defamation of any perſon, eſpecially a magiſtrate, made pub⯑lic by either printing, writing, ſigns, or pic⯑tures, in order to provoke him to wrath, or expoſe him to public hatred, contempt, or ri⯑dicule.

Not keeping the watch.Brit. c. [...]9. Fleta. l. 2. c. 52.

Any other thing done againſt the peace of the land.Fleta. l. 2. c. 52.

OFFENCES AGAINST PUBLIC TRADE. The breaking or not obſerving of the aſſiſe of bread,Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18. E. 2. 13 R. 2. ſt. 1. c. 8. Mo. ten. cur. Bar. 11. Kitchin. 21. 106. ale, wine, cloths, weights, or mea⯑ſures.

The uſing,Jud. Pil. 51 H. 3. Stat. Wal. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2. Kitchin. 21. 2 Hawk. P. C. 106. of falſe ballances, weights, or meaſures, to buy or ſell with.

The uſing,Jud. Pil. Mirror. c. 1. § 17. Stat. 18 E. 2. or being in poſſeſſion, of two meaſures; buying by the greater, and ſelling by the leſs.

[11]Tapſters or tipplers,M [...]d. tenen. cu. Bar. 5, b. Kitchin. 22. that is, vintners, and others who retail drink, ſelling by cups, diſhes, or meaſures, not lawfully ſealed^*

Foreſtalling;Jud. Pil. Mirror. c. 1. § 17. Mo. ten. cu. Bar. 6, b, [...] Black. C. 158. [2] J. 1. c. 22. that is, the buying of or con⯑tracting for any merchandize or victual coming to the market; or the diſſuading of perſons from bringing their goods or proviſions there; or the perſuading of them to enhance the price when there.

Regrating;Mod. tenen. cu. Bar. 6, b. Black, C. 158. that is, the buying of corn, or other dead victual, in the market, and after⯑ward ſelling it there, or within four miles of it.

Engroſſing; [...]bi. that is, the getting into ones poſſeſſion or buying up of large quantities of corn, or other dead victual, with intent to ſell them again; or of any other commodity, with intent to ſell it at an unreaſonable rate.

The putting to ſale of malt not ſufficiently trodden, [...] & 3 E. 6. c. 10. rubbed, and fanned.

Innholders making horſe-bread, [...]1 Ja. 1. c. 21. Kitchin. 22. or ſelling horſe-bread, hay, oats, &c. or any kind of [12]victual, either for man or beaſt, for unreaſon⯑able gain.

Butchers,23 E. 3. c. 6. 13 R. 2. ſt. 1. c. 8. Kitchin. 22. fiſhmongers, and others, ſelling victuals at unreaſonable prices.

The taking,Mirror. c. 1. § 17. Mo. ten. cur. Bar. 6, b. 11. 4 Lev. 12. by millers, of exceſſive toll; or, by landlords or others, of outrageous diſtreſs.

The conſpiring of butchers,2 & 3 E. 6. c. 15. brewers, bakers, cooks, coſtermongers or fruiterers, not to ſell their victuals but at certain prices; or of artificers, workmen, or labourers, not to make or do their work but at certain prices; or not to finiſh what another has begun; or not to work but at certain hours or times.

The uſing of two trades,Fleta. l. 2. c. 52. 1 [2] J. 1. c. 22. 22 & 23 C. 2. c. 19. namely, of ſhoe⯑maker, curryer, or leather-cutter, and tanner, tanner and butcher, or tailor and ſaleſman (of old clothes).

The uſing of any art or myſtery in which the party hath not been brought up.5 Eliz. c. 4. 31 Eliz. c. 5. 1 [2] J. 1. c. 22.

The buying of raw hides by any but tan⯑ners.1 [2] J. 1. c. 22.

The making for ſale or uttering of deceit⯑ful wares.Mo. te. cu. Bar. 6. Kitchin. 22.

Butchers gaſhing hides, [...] [2] J. 1. c. 22. or killing calves to ſell under five weeks old.

[13]The unlawful tanning of hides;[2] J. 1. c. 22. currying of leather; or making of ſhoes.

The making and uſing of falſe dice.Mirror. c. 1. § 17.

All manner of treachery, [...]bi. cheating, and de⯑ceit.

Innkeepers refuſing to receive and entertain travelers.Hawk. P. C. 78.

OFFENCES AGAINST THE PUBLIC HEALTH. Butchers, [...]d. Pil. [...]irror. c. 1. § 17. H. 6 53. [...]. Leete. 1. [...]o. te. cu. B. 5, b. [...]it. 22. 46. 106. fiſhmongers, cooks, victualers, or bakers, ſelling corrupt, ſpoiled, or unwhole⯑ſome meat, fiſh, victuals, or bread.

Brewers,Mirror. c. 1. § 17. Kitchin. 106. vintners, or others, brewing or ſelling ſpoiled or unwholeſome wine, ale, or other drink.

The making of unpure or unſeaſonable malt. [...] & 3 E. 6. c. 10.

OFFENCES AGAINST THE PUBLIC OECONOMY. All obſtructions, [...]t. Wal. [...]t. c. 29. [...]. l. 2. c. 52. at. 18 F [...] H. 8. 6 27 [...]. Action ſur le cas. 6. Mo. ten. cur. Bar. 5, b. Kitchin. 103. 104. ſtoppages, reſtrictions, ſtraightenings, or diverſions, of the high⯑way.

All purpreſtures or incroachments made in common places, [...] or. c. 1. § 17. [...]tenen. cur. [...]t. [...]. [...]. 10 b. Kitchin. 106. upon land or water, or with blocks or ſtocks in the highway.

All walls, [...]t. Wal. [...]. c. 9. [...]a. l. 2. c. 52. [...]o. te. cu. Ba. 6. Kichin. 104 houſes, gates, cauſeways, ditches, pools, or pits, raiſed, proſtrated, or made, upon or near the common highway, to the nuiſance of the way, and to the danger of paſſengers.

[14]All layſtalls made,Kitch. 20. 104. or filth or carrion caſt, in the highway, to the annoyance of the people.

The obſtructing,Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Stat. 18 E. 2. Kitchin 103. ſtopping, ſtraightening, or diverting, of the courſe of any water.

Bridges and cauſeways broken.Britton. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. 22 E. 4. 22. Br. Leete. 26.

Ditches not ſcoured.22 E. 4. 22. Br. Leete. 26. Mo. tenen. cur. Bar. 10. Raym. 250.

The removing of bounds or land-marks.Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Stat. 18 E. 2.

Offenſive trades or manufactures.4 Black. C. 167.

The keeping of hogs in the ſtreet.Salk. 460.

All common nuiſances.22 E. 4. 22. Br. Leete. 26. 2 Haw. P.C. 106.

All diſorderly inns or alehouſes.4 Black. C. 163.

Railing,Hob. 246. and ſowing of diſcord amongſt neighbours.

Eaves-dropping;Mo. te. cu. Bar. 6. Kitchin. 20. that is, ſtanding under walls or windows to hear tales, and carry them to others, to make ſtrife and debate.

Vagrancy;Brit. c. 29. Fleta. l. 2. c. 52. Mo. ten. cu. Bar. 6, b. Kitchin. 22. that is, vagabonds, or perſons wandering up and down, of whom there is ſuſpicion of evil; and harbouring or receiving them.

[15]Innkeepers or others harbouring ſuſpected perſons, [...]t. Wal. perceiving or knowing them to be of ill behaviour; or entertaining perſons unknown for more than two nights.

Noctivagancy,E. 4. 22. [...]. Leete. 26. [...]ch. 21. 46. or night-walking.

The continually haunting of alehouſes and taverns by ſuch as have no viſible or known means of ſubſiſtence. [...]t. 18 E. 2. [...]o. tenen. cur. [...]. 6, b. 11.

Sleeping in the day and waking in the night, [...]i. eating and drinking well, and having nothing.

Common bawdy-houſes; [...]tchin. 21. 104. [...]nſt. 205. Black. C. 168. and frequenting the ſame.

All open lewdneſs,Hawk. P. C. 7. groſsly ſcandalous.

Miſdoers in parks, [...]at. Wal. [...]it. c. 29. [...]ta. l. 2. c. 52. fiſhponds, and warrens.

The tracing and killing of hares in the ſnow.& 15 H. 8. c. 10.

The putting of underſized or mangy horſes upon the common.H. 8. c. 13.

The keeping of a common houſe,H. 8. c. 9. Eliz. c. 5. alley, or place, for bowling or other unlawful game; and uſing and haunting the ſame, and there playing.

Artificers, &c. playing at bowls or other unlawful games.

[16]Cock-fighting;11 Rep. 87, b. 3 Keble. 465. 510. or keeping a common cock⯑pit.

Taking or killing the young fry of fiſh in any floodgate,1 Eliz. c. 17. &c. or pike or pickerel, or ſal⯑mon, underſized; or fiſhing with a net with unſizeable meſhes.

Taking or killing pheaſants of partridges with nets or other devices in the night-time;23 Eliz. c. 10. or hawking or hunting in eared or codded corn.

Drunkenneſs,4 J. 1. c. 5. or continuing drinking and tippling; or publicans ſuffering others to do ſo.

Watering hemp or flax in a river,33 H. 8. c. 17. &c. or otherwiſe than in proper grounds or pits, or the partys own pond.

PERSONAL SECURITY. Aſſault;Mod. tenen. cu. Bar. 10. Finch, Law. 202 1 Haw. P.C. 132. that is, an attempt or offer to beat or do a corporal hurt to another.

Battery;Ibi. that is, the wrongful beating of a man, or any injury, however ſmall, actually done to his perſon.

Blood ſhed,Stat. Wal. Brit. c. 29. Mirror. c. 1. § 17. Stat. 18 E. 2. 22 E. 4. 22. Br. Leete. 26. Mo. te. cu. Bar. 5, b. 10, b. Kitchin. 104. wound made, or weapon drawn, againſt the Kings peace.

Kidnapping;Ravm. 474. 4 Black. C. 219. that is, the forcible abduction or ſtealing away of a man, woman, or child, and ſending him or her into another country.

[17]Falſe impriſonment; [...]at. Wal. [...]rit. c. 29. [...]irror. c. 1. § 17. or the wrongful deti⯑nue of the body of a man.⁵

III. THE RIGHTS OF THE KING, AND THE LORD OF THE MANOR.

[18]

LANDS forfeited by perſons attainted of high treaſon.Kitchin. 19.

Eſcheats;Ibi. that is, the lands of perſons at⯑tainted of petit treaſon or felony^*.

Treaſure-trove;Stat. Wal. Brit. c. 29. Fleta. l. 2. c. 52. Mirror c. 1. § 17. Stat. 18 E. 2. Mod. ten. cu [...]. Ba [...]. 6, b. Kitchin. 23. 2 Hawk. P. C. 106. that is, treaſure found hid⯑den in the earth or other ſecret place, the owner whereof is unknown.

Waifs and eſtrays;Brit. c. 29. Fleta. l. 2. c. 52. Mirror. c. 1. § 17. Mo. te. cu. Ba [...] 6. 6, b. 10, b. Kitchin 23 103 105. 2 Haw. P.C. 106. that is, 1. goods (which have been ſtolen) waived or thrown away by the thief in his flight; and, 2. tame or re⯑claimed animals (as horſes, neat, ſheep, hogs, or ſwans) found ſtraying within the manor, the property of which, if unclaimed by the owner for a year and a day, is in the King or the Lord.

Goods and chattels forfeited by conviction of high treaſon,Mo. te. cu. B. 11. Kitchin. 19. 24. 100. 101. 4 Black. C. 421. miſpriſion of treaſon, petit treaſon, felony, felony de ſe, manſlaughter, excuſable homicide; by outlawry; by convic⯑tion of petit larceny; by flight in treaſon or felony, by praemunire, &c.

[19]Goods derelict, [...] Prero. pl. 12. Vent. 267. or in which no man has property (as thoſe of inteſtate baſtard, &c.).

The certum letae, [...] Salk. 37. [...] H. 4. 9. [...]itchin. 102. Roll A. 211. capitage, chief or head ſilver, or common fine, payable in ſome ma⯑nors^*.

APPROVED PRECEDENTS OF PRESENTMENTS AND JUDGEMENTS IN THE LEET.

[]

‘Preſentments in Leet ought to be certain, viz. to ſhew at what place the nuiſance is made, and to ſay within the juriſdiction of the court; for it is the declaration of the King, which ought to be good to every common intent. Br. Leete. 33. and vide Keilwey. 89.’‘To the nuiſance of the Kings ſubjects, or to common nui⯑ſance, ought to be in every Preſentment [ſci. of nuiſance]. C [...]o. J. 382. And to the nuiſance of ſeveral perſons will not do. 3 Keble. 106.’‘Preſentment of a thing done before the laſt court is of no force. 3 Keble. 644.’‘It is not neceſſary that a Preſentment in the Leet ſhould be either ſ [...]aled or indented. 3 Bur. 1860. Vide tamen. W. 2. c. 13. 1 E. 3. ſt. 2. c. 17. Manor. c. 1. § 17.’

HIGH TREASON AS FELONY. THE jurors for the lady the queen upon their oath ſay,Kitchin. 100. that R. S. &c. at I. within the juriſdiction of this court, as a felon of the lady the queen, one hundred angels of gold [22]and three hundred groats falſely and feloniously coined and fabricated (the letters patent of the lady the queen in that behalf not before ob⯑tained), againſt the peace of the ſaid lady the queen that now is, her crown and dignity, and againſt the form of the ſtatute in ſuch caſe made and provided.

RAPE. They alſo preſent,Kitchin. 100. that A. B. of I. aforeſaid, yeoman, on ſuch a day, &c. at I. within the juriſdiction of this court, the cloſe and houſe of one, &c. broke and entered, and upon one Katherine, &c. the daughter, &c. in the peace of God and the lady the queen being, made aſſault, and her with force and arms then and there againſt her will raviſhed, and her carnally knew, againſt the peace, &c.

ARSON. They alſo preſent,Ibi. that one T. of I. afore⯑ſaid, yeoman, on ſuch a day, &c. at I. within the juriſdiction of this court, with force and arms, &c. wilfully and feloniously, of his ma⯑lice aforethought, the houſe of one J. S. burned, contrary to the peace of the lady the queen. Therefor it is commanded to the bai⯑liff to ſeize all his lands and tenements, goods and chattels, that he may anſwer thereof to the lord of this manor.

RO [...]BER [...] They alſo preſent,Ibi. 101. that E. F. of I. afore⯑ſaid, labourer, on ſuch a day, &c. at I. within the juriſdiction of this court, with force and arms, and againſt the peace, &c. upon one T. D. at, &c. within the juriſdiction of this court, in the queens highway there in the [23]peace of God and the lady the queen being, made aſſault, and the ſaid T. D. then and there robbed, and ſixteen groats of ſilver, and one angel of gold, of the goods and chattels of the aforeſaid T. D. in his certain purſe then and there being, from the perſon of the ſame T. feloniously took and carryed away, againſt the peace of the lady the queen, her crown and dignity.

BURGLARY. They alſo preſent,Kitchin. 100. that B. D. of I. afore⯑ſaid, yeoman, on ſuch a day, &c. at I. within the juriſdiction of this court, about the hour of nine in the night of the ſame day, the houſe and manſion of one, &c. as a felon of the lady the queen, broke and entered, with intention to rob the aforeſaid, &c. and ſix angels of gold, of the goods and chattels of the aforeſaid, &c. then and there in a certain cheſt being, feloniously took and carryed away, againſt the peace, &c.

LARCENY. They alſo preſent, that J. W. of I. afore⯑ſaid, gentleman, on ſuch a day, &c. at I. within the juriſdiction of this court, a certain fallow deer, tame, and bearing a bell about its neck, of the value, &c. of the goods and chattels of one, &c. then and there found, feloniously took and carryed away, againſt the peace, &c. Therefor it is commanded to the bailiff, as above, &c.

They alſo preſent, that J. L. of I. afore⯑ſaid, yeoman, on ſuch a day, &c. at I. afore⯑ſaid, within the juriſdiction of this court, about [24]the hour of one in the night of the ſame day, a certain trunk of one, &c. broke and entered, and ten fiſhes, called pikes, of the value, &c. of the goods and chattels of the aforeſaid, &c. from the trunk of the ſame, &c. then and there feloniously took and carryed away, againſt the peace, &c. Therefor, &c.

They alſo preſent,Kitchin. 100. that W. P. of I. afore⯑ſaid, labourer, on ſuch a day, &c. at I. within the juriſdiction of this court, with force and arms, and againſt the peace, &c. the cloſe of one, &c. at I. aforeſaid, broke and entered, and one black ſattin waiſtcoat, of the goods and chattels of the aforeſaid, &c. then and there found, feloniously took and carryed away. Therefor it is commanded to the bailiff, &c.

PETIT LARCENY. They alſo preſent,Ibi. that P. I. of I. aforeſaid, yeoman, on ſuch a day, &c. the cloſe of one, &c. at I. aforeſaid, broke and entered, and one towel, of the value of ſixpence, of the goods and chattels of the aforeſaid, &c. then and there found, feloniously took and carryed away. Therefor it is commanded to the bai⯑liff to ſeize all his goods and chattels into the hands of the lord.

They alſo preſent,Ibi. 102. that A. B. of I. afore⯑ſaid, yeoman, on ſuch a day and year, &c. at I. within the juriſdiction of this court, about the hour of one in the night of the ſame day, a certain dovecote of one, &c. broke and entered, and forty pigeons, of the value, &c. of the goods and chattels of the aforeſaid, &c. from [25]the houſe of the ſame, &c. feloniously took and carryed away, againſt the peace, &c. Therefor it is commanded to the bailiff, &c. as above.

FELONY AND FLIGHT. They alſo preſent, [...]itchin. 101. that E. L. of I. afore⯑ſaid, yeoman, on ſuch a day and year, &c. at I. within the juriſdiction of this court, a certain white gelding, of the value, &c. of the goods and chattels of one, &c. in the common field there being, feloniously ſtole, took, and carryed away: And that the afore⯑ſaid E. L. for the felony aforeſaid, withdrew himſelf and fled. Therefor it is commanded to the bailiff to ſeize two cows, of the goods and chattels of the aforeſaid E. L. as eſcheats and forfeitures to the lord; and that they be ſafely kept to the uſe of the lord, &c. or thus, to the uſe of the queen.

PRISON BREACH. They alſo preſent, [...] that whereas one B. R. of I. aforeſaid, yeoman, was taken and arreſted for ſuſpicion of a certain felony, and put in the ſtocks; one J. F. of I. aforeſaid, labourer, on ſuch a day and year, &c. at I. aforeſaid, the aforeſaid ſtocks with force and arms and feloniously broke, and the aforeſaid B. R. then and there to eſcape and go at large permitted, againſt the peace. Therefor it is commanded, as before, &c.

RESCOUS OF FELON. They alſo preſent, [...] 102. that T. J. of I. afore⯑ſaid, yeoman, on ſuch a day, &c. at I. within the juriſdiction of this court, one calf, of the value, &c. of the goods and chattels of one J. B. then and there found, feloniously took [26]and carryed away. And that W. Q. bailiff of the manor aforeſaid, on ſuch a day and year, &c. at I. aforeſaid, the aforeſaid T. J. for ſuſpicion of the felony aforeſaid arreſted: And that W. F. of I. aforeſaid, labourer, with force and arms, &c. at I. aforeſaid, on the ſaid day and year, upon the aforeſaid W. Q. in the peace of God and the ſaid lady the queen being, made aſſault, and the aforeſaid T. J. in the cuſtody of the aforeſaid W. then and there feloniously took, forced, and reſcued, and at large permitted to go, againſt the peace, &c. Therefor it is commanded, as above, &c.

OUTLAW RETURNED. They alſo preſent,M. T. C. B. 11. that Q. J. before ſuch a coroner, on [in and at] ſuch a day, year, and place, of his own free will acknowleged him⯑ſelf to have done felony on [in and at] ſuch a day, year, and place, for which recognition he abjured the realm, &c. and afterward re⯑turned without the charter of the king, and remains within this lordſhip. Therefor it is commanded to the bailiff or conſtable of the ſame lordſhip the ſame Q. bodily to attach, and to the next gaol of the lord the king lead, there under cloſe cuſtody to remain until, &c. And it is commanded to the bailiff to ſeize his goods and chattels.

ACCESSARY BEFORE THE FACT. They alſo preſent,Kitchin. 100. that W. S. of I. afore⯑ſaid, yeoman, within the juriſdiction of this court, counſeled, inſtigated, procured, com⯑forted, and abetted one L. M. &c. one black cow, of the value, &c. of the goods and chat⯑tels of one, &c. then and there found, felo⯑niously to ſteal, take, and carry away: And [27]the aforeſaid L. by virtue of the counſel, in⯑ſtigation, procuration, comfort, and abetting aforeſaid, &c. the ſaid cow, on ſuch a day, &c. in the year, &c. feloniously ſtole, took and carryed away.

FELON AND ACCESSARY AFTER THE FACT. The jurors alſo ſay, [...].T.C.B. 10, b. upon their oath, that W. C. by night, in ſuch a year, &c. the cloſe of J. T. at I. broke and entered, and capons, geeſe, and hens, of the value of three ſhillings, there found, feloniously took and carryed away; and that J. R. him received, entertained, and comforted, knowing him to be a felon, and felony ſo to have committed: And it is com⯑manded to the bailiff that he as well the afore⯑ſaid W. as the aforeſaid J. attach, and to the next gaol lead, &c.

The alſo ſay, that W. R. [in and at] ſuch a day, year, and place, &c. within the lordſhip of A. ſtole one black horſe, of the value of 20s. of one J. B. and that K. C. knowing him the felony aforeſaid ſo to have committed, him receives, entertains, and comforts. There⯑for in mercy. And it is commanded to the bailiff to ſeize the horſe aforeſaid, as forfeited, and to anſwer of the iſſues.

DECINERS IN DEFAULT. They alſo ſay,T.C.B. 11, b. that J. and W. are deciners, and have made default, &c.

DEFAULT OF SUIT. They alſo preſent, [...]tchin. 103. upon their oath, that J. R. R. W. and J. W. are reſiants within the precinct of the view of frankpledge afore⯑ſaid, and at this day have made default. There⯑for [28]every of them in mercy, as appears above their heads.

RESIANTS NOT SWORS. They alſo preſent,Kitchin. that R. W. W. F. R. B. and W. G. have inhabited within the precinct of this view of frankpledge for the ſpace of one year and one day, and upward, and are not ſworn to the queen for ligeance. Therefor each of them in mercy, as appears above their heads.

HUE AND C [...] NOT FOL⯑LOWED. They alſo preſent,Ibi. 101. that the aforeſaid T. D. being robbed, raiſed great hue and cry, and the aforeſaid E. F. as a felon of the lady the queen, on the ſaid day and year, from the place aforeſaid, where he was ſo robbed, freſhly fol⯑lowed unto the aforeſaid town of, &c. and that no inhabitant there the felon aforeſaid upon the hue aforeſaid followed, and ſo the felon aforeſaid eſcaped, in contempt of the ſaid lady the queen, and againſt the form of the ſtatute of Wincheſter in ſuch caſe made and provided. Therefor the aforeſaid town of, &c. in mercy, &c.

CHIEF PLEDGES IN DEFAULT. They alſo preſent,M.T.C.B. 10. that R. B. and C. D. are chief pledges, and make default. Therefor they in mercy.

CONSTABLE IN DEFAULT They alſo preſent,Kitchin. 105. that W. G. is conſtable, and is not here at the view of frankpledge to preſent that which to that office belongs, but hath made default. Therefor he in mercy 2s.

ALETASTER IN DEFAULT They alſo preſent,Ibi. that R. S. is aletaſter, and is not here at the view of frankpledge to [29]preſent that which to that office belongs, but hat made default. Therefor he in mercy 2s.

MEAT-SEARCHERS IN DEFAULT. They alſo preſent,Kitchin. 105. that B. R. and C. D. are meat-ſearches, and ſhould be here at the view of frankpledge to preſent that which to that office belongs, and have made default. There⯑for each of them in mercy 2s.

SCAVENGERS IN DEFAULT. They alſo preſent, [...]bi. that T. J. and W. J. are ſcavengers, and ought to be here at the view of frankpledge, and have made default. There⯑fore each of them in mercy 6d.

AFFRAY. They alſo preſent,Ibi. 105. that J. S. made affray within the juriſdiction of this court, and drew blood. Therefor he in mercy 3s. 4d.

HUE WRONG⯑FULLY RAISED. They alſo ſay,M.T.C.B. 11, b. that K. B. and C. D. unjuſtly raiſed great hue, in diſturbance of the peace of the lord the king, after the laſt view held, to the nuiſance of their neighbours at H. Therefore in mercy.

BREACH OF ASSISE. They alſo ſay,Ibi. 11. that A. and C. are bakers of mans bread, and have broken the aſſiſe. There⯑fore they in mercy.

They alſo preſent,Kitchin. that E. W. and W. X. by their wives, are common tipplers (i. e. re⯑tailers) of ale, and have ſold ale by unlawful meaſures, and have broken the aſſiſe. There⯑for each of them in mercy, as appears above their heads.

[30] EXCESSIVE TOLL. They alſo preſent,M.T.C.B. 11. that J. H. miller, of this lorſhip or manor, hath taken toll unjuſtly and exceſſively of the meal of his neighbours. Therefore he in mercy.

UNWHOLE⯑SOME BREAD. They alſo preſent,Kitchin. 106. that W. M. and R. B. are common bakers of mans bread, and for divers time have baked unwholeſome bread, and have broken the aſſiſe. Therefor each of them in mercy, as appears above their heads.

UNWHOLE⯑SOME ALE. They alſo preſent,Ibi. that R. W. and J. D. are common brewers, and have brewed for divers times unwholeſome ale, and have broken the aſſiſe. Therefor each of them in mercy, as appears above their heads.

NUISANCE. They alſo preſent,Ibi. that there is a hedge of great thickneſs, and that the branches thereof hang over the lane, called Kings Lane, to the nuiſance of the carriages going along the ſame lane, in the default of W. C. Therefor it is commanded to him to cut down or lop the ſame, before the feaſt, &c. under the pain, &c.

They alſo preſent,M.T.C.B. 10, b. that W. D. hath ac⯑croached to himſelf of the common water, land, &c. to the grievous nuiſance of his neighbours. Therefor he in mercy. And it is commanded to the bailiff to ſeize into the hand of the lord, &c.

They alſo preſent,Kitchin. 104. that R. W. hath placed a certain dunghill over-againſt his houſe, near [31]the queens highway, to the nuiſance of the people of the lady the queen. Therefor it is commanded to him to remove and carry away the ſame before the feaſt, &c. under the pain, &c.

They alſo preſent, [...]tchin. 104. that there is a certain gutter leading from the houſe or kitchen of T. I. by which naſty or ſtinking water is con⯑ducted into the queens highway, to the great nuiſance of the queens highway, and of all carriages to be carryed along the ſame by the people of the lady the queen. Therefor it is commanded to him to amove or ſtop up the ſame before the feaſt, &c. under the pain, &c.

DIVERSION OF WATER-COURSE. They alſo preſent, that R. C. of I. afore⯑ſaid, yeoman, diverts the common courſe of a certain rivulet, leading by the houſe of one T. H. out of the right courſe in which it uſed to run. Therefor it is commanded to him to let it go in its right accuſtomed courſe before the feaſt, &c. under the pain, &c.

REPAIR OF BRIDGE, &c. They alſo preſent, that the common way leading through the field called the Prebend Field is a common way for paſſing and riding, and was ſo uſed from time whereof the me⯑mory of man is not to the contrary; and that the gate and bridge being beyond the further bridge ought to be maintained and kept by the tenant of the land, and now are not. Therefor it is commanded to the tenant of the land the ſame gate and bridge to amend and repair before the feaſt of Saint John the Baptiſt next enſuing, under the pain, &c.

[32] DITCH NOT SCOURED. They alſo preſent,M.T.C.B. 10. that the kings way at C. is very dangerous and founderous, in defect of ſcouring the ditch of J. B. Therefor he in mercy.

They alſo preſent,Ibi. that W. C. hath a ditch not ſcoured at, &c. containing twelve perches of land, to the nuiſance of the people of the lord the king. Therefore he in mercy.

They alſo preſent,Kitchin. 104. that there is a certain ditch unſcoured and uncleanſed, in the default of B. S. to the nuiſance, &c. Therefore he in mercy 12d. And it is commanded to him to ſcour or cleanſe the ſame before the feaſt, &c. under the pain of 2s.

They alſo ſay,M.T.C.B. 11. that the lord hath a ditch not ſcoured, of the length of twelve perches. Therefor it is commanded to the bailiff to amend [the ſame].

COMMON SCOLD. They alſo preſent,Kitchin. 104. that N. C. widow, is a common ſcold with her neighbours, and a common breaker of hedges; and [that] ſhe is not of good fame and government. There⯑for ſhe in mercy, as appears above, &c.

ENTERTAIN⯑ER OF WHO [...]. They alſo preſent,Ibi. that H. B. widow, is a common entertainer and receiver of whores and women of ill fame and converſation, to the great nuiſance of her neighbours. There⯑for ſhe is amerced 2s. 2d.

VAGABOND. They alſo ſay,M.T.C.B. 11. that K. of ſound mind and good health, is a vagabond, who wakes by [33]night and ſleeps by day, and nothing labours. Therefor, &c.

ASSAULT. They alſo preſent,M.T.C.B. 10. that W. C. made aſſault upon J. S. with a ſtaff, againſt the peace of the lord the king. Therefore he in mercy.

BLOODSHED. They alſo preſent, [...] 10, b. that M. S. unjuſtly and againſt the peace, drew blood upon R. B. with a ſword. Therefore he in mercy. And the ſaid ſword remains to the lord by judgement of forfeiture.

They alſo preſent, [...]tchin. 104. that as one A. B. ſer⯑vant of W. C. the lords bailiff, was bringing certain chattels of one R. G. unto the lords pound, there to be impounded, came one E. P. with great violence into the pound afore⯑ſaid, with one ſword, of the value of 5s. and then and there the aforeſaid A. ſtuck with the ſame ſword upon the head, and ſo ſhed blood upon the ſame A. B. by reaſon of which ſtroke the aforeſaid A. B. fell to the ground as if he were dead. Therefor the aforeſaid E. P. in mercy. And affeered by the chief pledges at five ſhillings.

WAI [...]. They alſo ſay, [...]T.C.B. 10, b. that a certain unknown felon ſtole one horſe, of the value of 20s. without this lordſhip. Therefor it is commanded to the bailiff to ſeize the ſaid horſe into the hand of the lord by reaſon of forfeiture.

They alſo preſent, [...]chin. 103. that one M. S. came within the juriſdiction of this view of frank⯑pledge, [34]and hither brought certain goods and chattels by her ſtolen (to wit), one linen ſhirt, of the value, &c. and divers other veſtments, in Engliſh, one ſmock, one petticoat, and one ſhirt; all which things are worth 20s. and no more: And all and ſingular which things were hither brought by the aforeſaid M. and that the ſame M. here within the juriſdiction of this manor the ſame waived, left, and fled from; whereby all the goods and chattels aforeſaid have come to the lord of this manor. Where⯑upon it was commanded to the bailiff to ſeize [the ſame] into the hands of the lord, as eſ⯑cheats and forfeitures to the lord; and he did ſo, and the goods and chattels aforeſaid were delivered to the lord in this court.

ESTRAY. They alſo ſay,M.T.C.B. 10, b. that one black ox, or one horſe, &c. cames as an eſtray within this lord⯑ſhip at the feaſt of Eaſter laſt paſt. And it is commanded to the bailiff to proclaim [the ſame] in the market, and in the church, as the man⯑ner is, &c.

They alſo preſent,Kitchin. 105. upon their oath, that on the twentyeth day of May, in the year of the reign of our lady queen Elizabeth that now is, came within this lordſhip one grey horſe as an eſtray, and remains in the cuſtody of X. D. to be proclaimed.

They alſo preſent,Ibi. that there is one bay colt, of the age of four years or more, which came within this lordſhip as an eſtray, on the 9th day of September, in the year of the [35]reign of the ſaid lady the queen the twentyeth, of the value of 24s. and hath remained in the cuſtody of the bailiff for the ſpace of one year and one day, after three proclamations for three ſeveral days, made according to the form of the ſtatute. Therefor the property of the ſame colt is in the lord.

OUTLAW. They alſo ſay,M.T.C.B. 11. that O. P. is outlawed on (in and at) ſuch a day, year, and place, at the ſuit of K. O. in a plea of treſpa [...]s. Therefor it is commanded to the bailiff to ſeize his goods and chattels to the uſe of the lord, &c.

COMMON FINE. They ſay,Ibi. 10. upon their oath, that D. gives to the lord as of certainty (de certo) for a common fine at this day of ancient cuſtom, as appears in capite.

They alſo ſay,Kitchin. 102. that they give to the lord as of certainty (de certo) for a common fine, at this day of ancient cuſtom, 6s. 8d.

ORDERS UPON PAIN.

It is ordained,Ibi. that R. B. do make and ſcour his ditch, at the lower end of Great Hill, containing by eſtimation twenty perches, be⯑fore the feaſt of the nativity of Saint John the Baptiſt next coming, under the pain, for each perch thereof, of 8d.

It is alſo ordained,Ibi. that T. M. do reform and throw open a certain parcel of land lately [36]by him incroached, between Waſhe lane and Peckham Rye Common, before the feaſt of All Saints next coming, under the pain, for each perch not reformed and thrown open, of 20d.

It is alſo ordained,Kitchin. 106. that no one do permit his beaſts (to wit), his oxen or cows, to go into and feed upon the common of this lord⯑ſhip, nor in the lanes to the ſame manor be⯑longing, without a keeper, under pain of for⯑feiting to the lord, for each of them, for each time, 2d.

It is alſo ordained,Ibi. that W. J. do remove his dunghill, lying by the queens highway, over againſt his houſe, b [...]fore the feaſt of Eaſter next, under pain of forfeiting to the lord 10s.

It is alſo ordained,Ibi. that J. F. do make and maintain a bridge in his cloſe called Great Colmans in the way leading from Iſlington to Hoggeſden, under pain of forfeiting to the lord 10s.

It is alſo ordained,Ibi. 107. that every one do yoke or ring his hogs before the feaſt of St. Michael the Archangel next, and the ſame keep ſo yoked or ringed until the feaſt of Saint John the Baptiſt then next following, under pain of forfeiting to the lord, for every hog, for every week, 3s. 4d.

PAIN INCURRED.

[37]

They alſo ſay,T.C.B. 11. that B. C. had, at the day of the laſt court, to amend one ditch, in length twelve perches, upon pain of 40d. and that he hath not made the ſaid ditch. Therefor he incurs the ſaid pain. And it is commanded to the bailiff to levy the ſaid pain ſo forefeited to the uſe of the lord.

THE END.

3.

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A DIGEST OF THE PROCEEDINGS OF THE COURT LEET OF THE MANOR AND LIBERTY OF THE SAVOY, PARCEL OF THE DUCHY OF LANCASTER, IN THE COUNTY OF MIDDLESEX; FROM THE YEAR 1682 TO THE PRESENT TIME.

PRINTED IN THE YEAR M.DCC.LXXXIX.

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TO THE GENTLEMEN OF THE JURY OF THE MANOR AND LIBERTY OF THE SAVOY, FOR THE PRESENT YEAR, THIS DIGEST, COMPILED AND PRINTED FOR THE USE OF THEMSELVES AND THEIR SUCCESSORS, IS RESPECTFULLY INSCRIBED, BY THEIR VERY HUMBLE SERVANT,

J. RITSON, HIGH BAILIFF.

GRAYS INN, 11th Nov. 1789.

ADVERTISEMENT.

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ALL the books, rolls, and other muniments of the Savoy Court, anterior to the year 1683, are ſup⯑poſed to have periſhed in private hands. But there is ſuf⯑ficient evidence that the court has been regularly held ever ſince the acceſſion of King Henry the Fourth, anno 1399; as, without doubt, it was long before that period; the Liberty being one of the oldeſt in the kingdom, and having been parcel of the poſſeſſions of the Duchy of Lancaſter from the time of its firſt erection, and even the property of he Earls of that title for near a century before.

HEADS.

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Aleconners Page 1
Bailiff Page 2
Bawdy Houſes Page 2
Butchers Page 2
Commiſſioners of Pavements Page 2
Commiſſioners of Sewers Page 3
Conſtables Page 4
Contempts Page 10
Defaulters Page 11
Diſorderly Houſes Page 12
Eſſex Stairs Page 14
Foreſtalling Page 15
Gaming Page 14
Incroachments Page 16
Inmates Page 18
Jury Page 19
Nuiſances Page 20
Pavements Page 26
Poulterer Page 26
Savoy Priſon Page 26
Scavengers Page 27
Selling drink without a licence Page 28
Sewers Page 28
Strand Bridge Page 28
Strand Lance Stairs. Surry Stairs Page 29
Watching and Warding Page 29
Water Works Page 29
Weights and Meaſures Page 30
Special Entries. Page 33

A DIGEST, &c.

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*⁎* E. C. is Eaſter Court; M. C. Michaelmas Court.

Aleconners.

M. C. 1693. Mr. Howſon (the ſutler in the Savoy) "for refuſeing to let the ale coners either weigh his bread or meſſuer his pots, being thereto requierd," amerced 1 l.

E. C. 1747. Upon the information of the aleconners, Humphrey Roberts, "for refuſing to produce and ſhew 'his' liquid meaſures to the ſaid ale conners, though ſeveral times requeſted ſo to do," amerced 13 s. 4 d.

M. C. 1751. Peter Wood, "for three ſeveral times refuſeing to lett the . . . aleconners try his weights and mea⯑ſures," 1 l. 10 s.

See Weights and Meaſures.

Note, It is the office of the aleconners (ſignifying, from the Saxon verb cunman, tryers or provers of ale, and who are in many manors called aletaſters, anciently taſtatores or temptatores cerviſiae) to ex⯑amine bread, weights, meaſures, ale and beer for ſale, and to return ſuch as offend againſt the aſſize or ſtandard, or vend unwholeſome liquor. Theſe returns are generally and properly made the ground of the jurys preſentment, but ſome inſtances occur where an amerciament (either by the court or by the jury) has been ſet immediately upon the pre⯑ſentment, as well of the aleconners, as of the fleſh⯑taſters, ſcavengers and conſtables; which is con⯑ceived to be irregular. Vide E. C. 1690; M. C. 1690; E. C. 1691; E. C. 1700; &c.

Bailiff.

[2]

E. C. 1754. Joſeph Daniel, the under-bailiff, "for a miſdemeanour in his ſaid office," fined 1 l. ^*

Bawdy Houſes.

See Diſorderly Houſes.

Butchers.

M. C. 1685. John Spencer, "for putting to ſale un⯑wholeſome and corrupt meat, and for blowing of veal," amerced 6d.

Several others amerced for the ſame offence.

M. C. 1690. Six perſons, "for expoſeing to ſale meate vnmarketable," amerced 3s. 4d. each.

E. C. 1697. Upon the oaths of the fleſhtaſters, Robert Linley, "for ſelling corupt and vnwholſom mutton," amerced 13s.

M. C. 1730. Mr. Cheeſe, a butcher, "for hanging ſheep carkes's without ſide his ſhop, to the anoyance of his majeſtys ſubjects paſſing the high way," amerced 3s. 4d.

M. C. 1761. Upon the return of the fleſhtaſters, Mr. Harriſon, butcher, "for expoſing to ſale fleſhmeat no fit for Chriſtians to eat, and refuſing to remove the ſame," amerced 50s.

Commiſſioners of Pavements.

M. C. 1773. The commiſſioners of pavements "for neglecting to repair a flight of ſteps leading out of Surry Street into Strand [Lane]," amerced 10l.

[3] N. B. This amerciament was diſcharged by the ſteward, and the nuiſance ordered to be repreſented to the commiſſioners by letter.

E. C. 1774. The commiſſioners of pavements "for leaving a water trunk near the houſe of Mr. Lingham, facing Exeter Exchange . . . being a great annoyance to paſſengers," amerced 2l. 2s.

See Scavengers.

Commiſſioners of Sewers.

M. C. 1770. The jury "preſent that the grate at the corner of Little Eſſex Street, and the rail under the arch⯑way at the bottom of this ſtreet, are in very bad order; and that the pavements throughout Eſſex Street and Milford Lane, and alſo the pavement in Water Street, fronting Grey Hound Court, are in very bad order, and greatly out of repair; and therefore 'they' requeſt that notice may be given, by the order of the court, by the bailiff of this manor and liberty, to the commiſſioners of ſewers, and to the ſeveral perſons by whom the ſaid grate, rail, and bad pavements ought to be repaired, that the ſame be forthwith amended, and put in effectual repair; and in default thereof this jury will ſet exemplary amerciaments for the ſame at the next court."

"Ordered by the court, that Mr. Sammuel Dry, the de⯑puty bailiff of this manor and liberty, do deliver unto the clerk of the commiſſioners of ſewers, and alſo to every perſon by whom the grate, rail, and bad pavements, preſented by the jury to [be] out of repair ought to be repaired and amended, a copy of the ſaid jury's preſentment; and unleſs the repairs thereof be effectually done within a convenient time, this court doth declare that the ſteward and burgeſſes will re⯑commend it to the jury at the next court to ſet exemplary amercements upon them for their defaults."

Conſtables.

[4]

Accepting the Office.

E. C. 1768 (by adjournment). "At this court came Iſaac Hayes, conſtable elect for the middle ward within this manor and liberty for the year next enſuing, or untill he ſhall be thereof diſcharged by due courſe of law, and accepted the ſaid office, and took the oath by law in that behalf required."

Account.

E. C. 1729. "Ordered by this court, that John Seaford, James Singer, Peter Nightingale, and Joſeph Francis, the four conſtables of this manor and liberty, and who are now preſent in court, do each of them ſeverally and reſpectively make up an account in writing for the year laſt paſt of what they ſeverally and reſpectively have re⯑ceived and collected by virtue of their ſaid offices of con⯑ſtable, or of the conſtables rate, together with an account of what they have thereout paid and diſburſed to the watchmen, or otherwiſe in the execution of their ſaid offices; and that they lay the ſame, together with the ſeverall conſtables rates, before this court on Thurſday the 8th day of May next, or that before ſuch court they lay ſuch account, together with the ſeverall conſtables rates, before any one of the burgeſſes of this mannor and liberty, and pay the ballance of ſuch account, if any ſuch ballance ſhall be in their hands after all juſt and reaſonable al⯑lowances made them, into the hands of Mr. Gliſſon Maid⯑well, the ſenior burgeſs of this mannor and liberty, to be by him applyed as this court ſhall direct and appoint, un⯑der the penalty of five pounds apeice for ſuch of them as neglect or refuſe to obey the ſaid order."

Adjourned Court, 8th May 1729. Conſtables refuſing to comply with the above order, fined 5l.; and time given to the 1 [...]th May, under the further penalty of 5l.

16th May 1729. The conſtables ſtill refuſing, fined 5l. each; and time given to the 21ſt, under the further penalty of 5l.

[5]21ſt May 1729. The conſtables ſtill refuſing, fined 5l. a-piece*The form of the Conſtables Account.

Aſſiſtant.

E. C. 1768. "At this court came George Jennings, the conſtable elected and ſworn for the Savoy Ward within this manor and liberty, and prayed that John Hopkins, of Exeter Court, within this manor and liberty, glover, might be received and ſworn as the ſubſtitute or aſſiſtant of the ſaid George Jennings in the ſaid office of conſtable,

24th Feb. 1719.

The Conſtables of the Dutchey Liberty of the pariſh of St. Clement Danes, in the County of Mid⯑dleſex.

An account of the ſeveral ſums of money collected of the ſeverall houſe-keepers by us Richard Robins, Richard Holt, John Howard, and Thomas Collingwood, in the Royal-Ward, Church-Ward, Middle-Ward, and Savoy-Ward; and of the ſeveral payments made to the watchmen, beadle, and warder in the ſaid ſeveral wards, as followeth:

For the quarter due at Chriſtmas 1719.
	£.	s.	d.
Received of the inhabi⯑tants in the Royall Ward	13	0	0
Received of the inha⯑bitants in Church Ward	6	1	0
Received of the inha⯑bitants in Middle Ward	17	8	9
Received of the inha⯑bitants in Savoy Ward	16	14	0
	53	3	9
	£.	s.	d.
Paid to ten watchmen, 5s. to each man per week	32	10	0
Paid the beadle for the ſaid quarter	7	0	0
Paid the warder	3	5	0
Paid coals and brooms	0	18	6
Paid for watchmens drink, at 15d. per night	5	13	9
For our expences at⯑tending the firſt day of term	1	4	0
	50	11	3
Paid for the warder's coat, hat, and ſtock⯑ings	3	3	0

Conſtables

Rich^d Robins,
Rich^d Holt,
John Howard,
Tho. Collingwood.

[6]and for whom he will be anſwerable; and the court here approving of the ſaid John Hopkins as a proper perſon for that purpoſe, he accordingly took the oath in that behalf required."

E. C. 1773. "Samuel Shelly, leave given to appoint a ſubſtitute; John Barnard ſworn in as his aſſiſtant.

John Henſon, James Booth his aſſiſtant."

E. C. 1774. Roger Pincher, and John Barnard his aſſiſtant.

Samuel Price, and James Booth his aſſiſtant.

E. C. 1775. Samuel Edſtrum, and James Booth his aſſiſtant, ſworn conſtables for Savoy Ward.

E. C. 1781. "William Morley, for the Church Ward, ſworn aſſiſtant conſtable."

E. C. 1782. William Robinſon, and Patrick Mac Ne⯑gus (in one book, in the other Mac Gregus, miſtakes for Mac Manus) his aſſiſtant.

Deputy.

E. C. 1684. Four deputies.

E. C. 1741. John Thomſon, "ſworn in deputy conſtable to Mr. William Hutchins . . . according to antient cuſtome."

E. C. 1742. A like entry.

E. C. 1744. John Couch, "ſworn deputy conſtable to Richard Bath, chief conſtable."

Election.

E. C. 1712. "Att this court it was ordered by the ſaid court, that Thomas Batt being duly elected conſtable of the Middle Ward within this liberty for the year enſuing, ſhould immediately upon notice hereof, and of a certificate ſigned by the ſteward of this court, certifying ſuch his election as aforeſaid, goe before one of her ma⯑jeſtyes juſtices of the peace for the county of Middleſex, and be duly ſworn into the ſaid office, upon the penalty of tenn pounds."

E. C. 1729 (by adjournment). "At this court John Harman, living within the Church Ward within this liber⯑ty; Thomas Ryder, living within the Middle Ward with⯑in this mannor and liberty; Jonathan Fantom, living with⯑in [7]the Savoy Ward, within this mannor and liberty, were ſeverally preſented and choſen conſtables of their ſaid re⯑ſpective wards for the yeare enſuing; and they being not preſent in court though duely ſummoned, it is ordered, that notice, and a certificate of their being ſo ſeverally choſen into the ſaid offices of conſtable, be given to each of them; and that they do attend this court on Tueſday the 10th day of June next, to which time this court will be adjourned, to take upon them the oaths of the office of conſtable, or that they ſhould take upon them the oaths of the ſaid office of conſtable, before one of his majeſties juſtices of the peace for the county of Middleſex, within ten days from this day, under the penalty of ten pounds."

June 10th, 1729. "At this court John Harman and Thomas Ryder, now proſecuted for not appearing to take upon them the oaths of office of conſtable, and for having neglected and refuſed to take the ſaid oath of office of conſtable, before one of his majeſties juſtices of the peace for the county of Middleſex, according to the certificate delivered to them, and willfully and obſtinately refuſing ſo to do, for which they were amerced 10l. each."

*⁎* This amerciament was affeered, but without neceſſity, as the conſtables, by neglect and refuſal, had, ipſo facto, incurred the pain ſet at the for⯑mer court, which would have been good without affeerment.

Note, That it appears from the above order, that the ancient cuſtom was that the conſtable of each ward ſhould be a perſon reſident therein.

Neglect of Duty.

M. C. 1709. William Swift, "for being ſworne con⯑ſtable, and nott officiateing as conſtable, nor any other per⯑ſon, for near ſeuen weeks, by which this liberty hath re⯑ceived great prejudice," amerced 10s.

E. C. 1714. John Foguerty, having been "duely ſworn conſtable for the Middle Ward . . . and 'appearing not to have officiated' for ſome months [in] the ſaid office in [8]perſon, according to the cuſtom of this liberty and court leet," amerced 7l.; affeered at 5l.

M. C. 1727. "At this court . . . John Carter, deputy conſtable for the Savoy Ward, upon the complaint of the jury, in not giving his attendance to apprehend a felon, of whom he had notice, and for the neglect of his duty of the ſaid office, was fined two pounds."

E. C. 1737. "Richard Atwood, conſtable for the Savoy Ward . . . for neglect of duty, by entertaining and keeping watchemen belonging to this liberty in his own houſe at unſeaſonable hours in the night, and when they ſhould be upon their duty," amerced 6s. 8d.

E. C. 1771. "The jury requeſt Mr. Steward will conſider by what legal method the conſtables may be com⯑pelled to do their duty in that office, and intimate to the court that they would have ſet exemplary amerciaments upon the conſtables for the laſt year, had they been cer⯑tain they 'could' legally do the ſame."

N. B. There can be no doubt of the jurys power to preſent a conſtable for this offence.

Refuſing the Office.

E. C. 1692. William Chipp, "for refuſing, in con⯑tempt of this court, to ſerve the office of conſtable . . . being duely elected," fined 1l.

Two more for the like, 2l. each.

Two others for the like, 5l. each.

M. C. 1709. Walſingham Heathfield, "for his great contempt to the court, after being duely choſen conſtable . . . refuſeing to take upon him the ſaid office . . . till ſeverall weeks after, being very prejudiciall to the inhabitants of this liberty," amerced 2l.

M. C. 1732. Thomas Ryder, who had been "required to take upon him the office of conſtable within 14 days of the laſt court, under a penalty of five pounds," for 'having "neglected' to take upon him the ſaid office," incurred the ſaid penalty of 5l. (affeered).

E. C. 1761. "At this court perſonally appeared Benjamin Walwyn, of Exeter Court, within this manor and liberty, glover, and Michael Conner, of Arundell Street, within the ſame manor and liberty, peruke maker, [9]two of the reſiants and inhabitants within this manor and liberty, being duly ſumoned thereto upon pain, ac⯑cording to antient cuſtom, to ſerve our ſovereign lord the king upon the enqueſt, and other offices for this ma⯑nor and liberty: and the ſaid Benjamin Walwyn and Michael Conner being at this court ſeverally nominated and elected as proper perſons to ſerve the office of con⯑ſtable within this manor and liberty for the year next enſuing, or until they ſhould be thereof diſcharged by due courſe of law; and being ſeverally called upon to accept the ſame office, and to take the oath by law in that behalf re⯑quired, they and each of them did then and there refuſe to accept the ſaid office of conſtable, and to take the oath in that behalf required; and they, nor either of them, not having ſhewn to the court any reaſonable or juſt cauſe to excuſe them, or either of them, from the ſaid office, the ſaid deputy ſteward did thereupon think fit to impoſe and ſet upon the ſaid Bejamin Walwyn, for his ſaid contempt and refuſal, a fine of ſeven pounds; and upon the ſaid Michael Conner, for his ſaid contempt and refuſal, the like fine of ſeven pounds."

Quitting the Liberty.

M. C. 1735. "At this court it was found by the jury, that Joſeph Wright, ſworn conſtable for the Royal Ward, is removed out of the ſaid mannor and liberty; whereupon Thomas Ricketts being preſented by the ſaid jury as a proper perſon to ſerve the ſaid office for the remainder of the year, was elected by the ſteward, and ſworn in accordingly."

M. C. 1736. Two ſimilar entries.

Subſtitute.

The practice of ſwearing in ſubſtitute conſtables is of late years become ſo common as even to be re⯑garded as a matter of courſe. The difference be⯑tween an aſſiſtant, a deputy, and a ſubſtitute ſeems to be, that in the two former caſes the principal is reſponſible, in the latter caſe he is diſcharged. But quaere.

See Aſſiſtant.

Uſurping the Office.

[10]

E. C. 1714. Robert Evans, "for takeing upon him the office of a conſtable, and exerciſeing the ſame . . . with⯑out the leave of this court," amerced 40 s. reduced to 20s.

See Diſorderly Houſes.

Contempts.

Departing without Leave.

E. C. 1696. John Aſhley, for "apearing at this court, and in contemp[t] therof departing without lycence," fined^* 40s.

Miſbehaviour.

E. C. 1694. John Willſon, "for ſwering and vnreue⯑rent behauiour in . . . court," fined 5s.

[11]E. C. 1695. Richard Hall, "for vnreuerent beha⯑uiour, and giueing diſturbance at this court," fined 5s.

E. C. 1697. Henry Jenings, "for vnreuerent beha⯑uiour at this court, for caleing the foreman of the jewry of this leet raſkall, in contempt of this court, and the atho⯑ritey therof," ſined 40s.

M. C. 1722. William Jarvis, (returned for inſulting the jury) for "in ſome meaſure juſtifieng what he ſaid to the jury, and adding unbecomeing behavior," fined 20s.

E. C. 1727. Richard Gueſt, "for miſbehaving him⯑ſelf in open court, and uſing ill language there," fined 40s.

See Conſtables, Iury, Scavengers.

Defaulters.

Reſiants.

M. C. 1684. 196 perſons, for having made "defaults in not doeing their . . . ſuits and ſervices to the . . . court leet. . . . haueing had ſufficient warning for the ſame," amerced 6d. each.

(Upon the preſentment of the bailiff.)

E. C. 1687. 188 perſons, "for making default of theire ſute and ſervice to his majeſtie att this court," amerced 6d. a-piece.

N. B. The preſentment is ſometimes of "all perſons that do owe ſuite and ſervice at this court, being reciants and inhabitants, and did not appear," without naming them; and the amerciament ſometimes 1s.

The above inſtances are only noticed to ſhew the anti⯑quity of the cuſtom, of which there is ſimilar evi⯑dence at almoſt every court down to the year 1765.

See the Special Entries.

Summoned upon Pain.

E. C. 1687. Six perſons, "being ſummoned vpon paine to bee choſen into an office . . . for having made default," amerced 5l. a-piece.

E. C. 1694. Four perſons, "for not apearing at this court, being ſumoned upone paine of fiue pounds," amerced 5l. a-piece.

[12]E. C. 1700. Ten perſons amerced for default 5l. each. Note, Theſe amerciaments occur almoſt every Eaſter Court down to the preſent time: and this amerciament being the "pain" intended by the ſummons, it does not ſeem to be in power of the affeerers either to mitigate or to increaſe it^*.

Diſorderly Houſes.

E. C. 1683. Carey Harris, widow, "for keeping diſ⯑orderly houſe for three months," amerced 3l. 10s.

Several others amerced for the ſame offence.

E. C. 1684. Anne Simpſon (preſented by the conſta⯑bles) "for a ſuſpeckted houſe of bawdry," for ſix months, amerced 5l.

Two others, "for a diſorderly houſe," 5l. each.

M. C. 1686. Thomas Pettee, "for keeping a ſuſpected diſorderly houſe, and ſeverall times refuſing 'the conſtables' entrance when diſorderly perſons have been in the houſe," amerced 2l. 10s.

Others amerced for the like offence.

M. C. 1690. Mrs. Ruport, "for keepeing a houſe ſuſpected of bawdreye, and denying enterance to 'the con⯑ſtables' when there were ſeuerall perſons in the houſe, and the time very vnſeaſonable," amerced 5l.

Mrs. Phyladelphya Jones, "for keepeing a diſorderlye houſe, and ſuſpected of bawdreye," amerced 7l. 10s.

E. C. 1691. Mrs. Curtis, for refuſing entrance to the conſtables, "there being company in the houſe," amerced 2l.

Another for the ſame offence, 2l. and 2l. 10s.

E. C. 1695. Upon the oaths of the conſtables, William Wade, "for keeping a diſorderly ale houſe," amerced 5l.

Three others, for keeping "bawdy and diſorderly houſes," amerced 5l. each.

N. B. Such like preſentments occur almoſt every court, for ſeveral years.

[13]E. C. 1710. James Keate, "for keeping a lewd diſor⯑derly houſe, and entertaining lewd and diſorderly per⯑ſons att vnſeaſionable times of the night, to the diſturbance and annoyance of his neighbours," amerced 5l.

M. C. 1720. William Weetmore and Eufrum [Ephraim] Harding, "for keeping a diſordlely houſe, or nigh[t] ſeller," amerced 20l.

M. C. 1733. Upon a complaint of the neighbours, James Ealing, "for keeping a diſorderly houſe," amerced 5l.

E. C. 1735. Three, "for entertaining and harbouring diſorderly perſons at unſeaſonable hours," amerced 10l. 10l. and 20l.

M. C. 1737. Major Smith, "for keeping a diſorderly houſe . . . and for entertaining therein lewed and diſorderly perſons of both ſexes at very unſeaſonable hours in the night-time, to the publick diſturbance of the neighbour⯑hood, and the great terrour of his mejeſtys ſubjects" amerced 50l.

Again, M. C. 1738, 50l.

E. C. 1745. Peter Wood, "for keeping a diſorderly houſe . . . by keeping diſorderly hours in the ſaid houſe, and entertaining therein perſons of ill fame and reputation," amerced 20l.

William Marjerum, William Dyos, John Moore, and Anna Maria French, for the ſame offence, amerced 20l. each.

M. C. 1745. Peter Wood for the ſame offence, "as 'appeared' to 'the jury' on the information of divers perſons duly ſworn before the . . ſteward . . . . in open court," amerced 40l.

E. C. 1746, William Dyos, William Marjorum, and Peter Wood, for the ſame offence, amerced 30l. 30l. and 40l.

E. C. 1774. Edward Bertles, for "the Talbot Inn," preſented "as a very illgoverned and diſorderly houſe," amerced 20l.

E. C. 1776. Upon the return of the conſtable, James Roupell, "for keeping a diſorderly houſe," amerced 50l.

John Johnſon (Talbot Inn) for the ſame offence, 50l.

E. C. 1777. William Smith (of the Fiſh alehouſe, Strand Lane) "for keeping a diſorderly houſe," amerced 20l.

Richard Reeve, "for keeping a diſorderly houſe," amerced 40l.

[14]The above John Johnſon, for the ſame offence, 50 l.

E. C. 1781. William Clark (of the Fiſh alehouſe) for "an exceeding diſorderly houſe, and a receptacle in the night for looſe idle perſons," amerced 10 l.

E. C. 1784. Andrew Rook, alias Rorke (of the Fiſh alehouſe) for the ſame offence, amerced 10 l.

Eſſex Stairs.

E. C. 1688. William Vincent, "for neglecting to amend Eſſex Staires after 6 moneths notice," amerced 5 l.

E. C. 1689. Mr. Leonard Hancock, "for a poſt in the Thames, much to the prejudice of the landing att Eſſex Staires att high water," amerced 3 l. 5 s.

E. C. 1691. Sir William Thompſon and Mr. Tookey, "for not repayering Eſſex Stayers, the ſame being a com⯑mon paſſage for their majeſties ſubjects to paſs and repaſs to and from the riuer Thames, the ſaid ſtayers b-ing much out of repayer," amerced 6 l.

M. C. 1715. Sir Edward Northey and others, for the landing-place at theſe ſtairs being "dangerous bad," amerced 40 s. each.

E. C. 1744. The ſurveyors of the highways, "on account of the ſtairs of Eſſex Street being in a dangerous condition," amerced 2 l.

E. C. 1758. The proprietors of Eſſex Stairs, "for that the ſaid Stairs are in a ruinous condition," amerced 2 l.

Gaming.

E. C. 1694. Edward Mather, "for haueing card play⯑ing in his houſe betwen ten and eleuen of cloke at night," amerced 1 s.

E. C. 1700. Charles Johnſon, "for keeping a billiard table . . . for publick uſe, 'being' a great inconveniency to the neighbors, eſpecially to the youth, by induceing them to play at the ſame, and by looſing their money there are put to difficulties to obtaine more, and that by unlawfull means," amerced 5 l.

M. C. 1706. Sherrard [Sherwood] Dixon and his wife, "for keeping a gameing houſe . . . for cards, dice, and other vnlawfull games," amerced 5 l.

[15]E. C. 1707. The ſame, "for keeping a common gameing houſe," amerced 5 l.

E. C. 1714. William Howell, "for keeping a com⯑mon gameing table," amerced 40 l. affeered at 10 l.

Sherwood Dixon, for the ſame offence, amerced 50 l. affeered at 30 l.

Margaret Cole, "for keeping a common billiard table," amerced 5 l. affeered at 40 s.

M. C. 1714. Angell Mager, "for keeping a common ninepin-yard and ill houſe," amerced 5 l.

E. C. 1720. Peter Brewer, "for keeping a common gameing table," amerced 20 l.

M. C. 1724. William Lucas, "for not keeping in a neat and orderly manner the ſkittle-ground within this liberty, whereby his majeſties ſubjects are very much annoyed," amerced 2 l.

M. C. 1728. Thomas Harris, "for a common game⯑ing houſe, late hours, playing a game commonly called Miſſiſipee," amerced 6 s. 8 d.

E. C. 1731. Thomas Hurrill, "for keeping a ſkittle-ground, and ſuffering looſe and idle perſons to game and play there, which is a great nuiſance to the neighbours," amerced 13 s. 4 d.

E. C. 1732. Thomas Footman, "for ſuffering jdle perſons (hawkers of run goods) to game in his houſe," amerced 6 s. 8 d.

Foreſtalling.

M. C. 1685. William Taylor, "for foreſtalling his neighbour," amerced 3 s. 4 d.

M. C. 1699. Joſeph Whiſton, "for foreſtalling his neigh⯑bours by hanging out ſilks, to the damage of the king's ſubjects," amerced 2 l. 10 s.—Again, E. C. 1700, 5 l.

Peter Williams, for the ſame offence, 5 l. affeered at 50 s. —Again, E. C. 1700. 5 l.

E. C. 1714. Chamack Ryley, "for foreſtaleing his neighbours, by putting out his baſket and other goods after notice given," amerced 6 s. 8 d.

E. C. 1728. Thomas Baxter, "for foreſtalling the ſtreet," amerced 3s. 4d.

James Church, for the like, 1 l.

Incroachments.

[16]

E. C. 1685. William Bear, "for erecting a ſhed in Strand Lane for three month," amerced 2 s. 6 d.

Wm. Burch for the ſame, 2s. 6d.

M. C. 1685. William Taylor, "for making ſtair in the kings high way into Surry Street," amerced 5 s.

M. C. 1689. William Burch, "for building a hogſty in Strand Lane," amerced 10s.

William Bew, "for building a ſhedd in Strand Lane," amerced 10s.

Robert Browne, "for ſetting vp a ſhed in Strand Lane," amerced 10s.

M. C. 1690. Mr. Handcock, "for building a ſhedd in Howard Streete," amerced 3 s. 4 d.

Mr. Robinſon, "for an incroachment in Surry Streete by a fruite ſtanding," amerced 3 s. 4 d.

E. C. 1691. Leonard Handcock, Eſq "for building a ſhedd in Howard Streete, the ſame incroacheing vpon the kings high waye 5 foote in bredth and 5 foote in length, or there aboutes," amerced 5l.

Mr. Thomas Bewraw, "for incroacheing on the kings high waye before his ſhopp, by makeing a bulke two inches into the ſtreete, and three foote in length, or there aboutes," amerced 3s. 4 d.

E. C. 1699. Jane Syms, "for incroaching upon the Milford Lane Stairs, by taking away the ground," amerced 1l. 10s.

E. C. 1700. Jane Syms, "for an incroachment, in taking in two foot of ground in breadth near the free land⯑ing water ſtairs by Milford Lane . . . as alſo for cutting the ſaid ſtairs ſhorter then they were ſeverall years paſt, and ſtopping up the paſſage there that no boat can conveniently come to the ſaid ſtaires to land there, either with paſſengers or goods, to the great prejudice of his majeſties ſubjects, and of the inhabitants near adjacent, notice thereof 'having' been given her for eleven months laſt paſt," amerced 20 l.

E. C. 1701. Jane Syms, "for an incroachment in takeing in 2 foot of ground in breadth near the free landing [17]water ſtaires, commonly called Millford Lane Staires, within this liberty; and alſoe for cutting the ſaid ſtaires ſhorter then they were for ſeverall yeares paſt, and ſtopping up the paſſage, by placeing and laying a dung barge or barges there that noe boat can conveniently come to the ſaid ſtaires to land there either with paſſenger's or good's, to the great damage and annoyance of his majeſties leige ſub⯑ject's, and of the inhabitant's near adjacent," [...]me [...] 1 l.

E. C. 1703. Jane Boucher, "for an incroachment before her dwelling houſe on her majeſties high way in the Strand," amerced 20l.

E. C. 1705. Sir Streneham Maſters, "for an incroach⯑ment fronting the May pole in the Strand, in the Savoy liberty, being two foot ſix inches into the queens highway, and one foote to the backſide of St. Clements church, the ſame being continued five months and upwards after due notice given," amerced 50l.

The ſame, "for building up a ſhed upon the publick high way, and continueing the ſame after ſome part of it was broke down by order of the jury," amerced 5l.

E. C. 1715. Grovehouſe, "for incroaching three inches on the kings highway, in a new building near Exeter change, and laying of the rubiſh, lime, and bricks in the ſtreet, without fencing in, to the great annoyance of the neighbourhood," amerced 20l.

E. C. 1731. Sarah Gibſon, "for an encroachment on the king's highway, by ſuffering the tenant in her cellar to ſett out greens and baſketts in the ſtreet," amerced 3s. 4d.

Thomas Oldfield, "for an encroachment on the kings high way by an [...]erb ſtall ajoyning to his houſe," amerced 1 l.

Jonathan Siſſon, "for a nuſance in building a bulk, being an incroachment on the publick foot paſſage leading down to 'Beauford' Buildings," amerced 6 s. 8 d.

M. C. 1757. John Brander, "for projecting his ſhop window and encroaching on the kings highway," amerced 1 l. 19 s.

E. C. 1773. Robert Mylne, "for makeing and con⯑tinuing an encroachment upon the ſoil of his majeſty by projecting the wall of his dwelling houſe . . . thirteen inches," amerced 5 l. Again, M. C. 1773. 10l.

[18]E. C. 1773. William Hyde, "for makeing and conti⯑nuing an incroachment upon the ſoil of our ſouvereign lord the king, by projecting the front wall of the houſe occu⯑pied by his tenant, Mr. Aſhbridge, twenty three inches, and by makeing in Strand Lane five ſtone ſteps leading to the door of the ſaid houſe, meaſuring five feet and two inches, or therebouts," amerced 20 l.

The ſame, "for makeing and continuing another in⯑croachment on the ſoil of our ſovereign lord the king within this manor and liberty, by projecting the front wall of his houſe in Surry Street occupied by Mr. Proctor," amerced 20 l.

M. C. 1773. Again, for both incroachments, 40 l.

M. C. 1773. Charles Grave Hudſon, eſq. "for erecting and continuing a porch and ſteps at his houſe in Arundell Street . . . which projects ſo much on the foot pavement as that there is ſcarce room left for a ſingle per⯑ſon to paſs," amerced 1 l. 1 s.

William Hyde, "for making a flight of ſteps in Strand Lane, being an incroachment on the ſoile of our lord the king, the bottom ſtep being much higher then the pave⯑ment [at] one end," amerced 2 l. 2 s.

John Lawſon, "for continuing a flight of ſteps, being an incroachment, at the back door of [his] houſe Strand Lane," amerced 1 l. 1 s.

E. C. 1779. Hans Wintrop Mortimer, eſq. "for an incroachment on his majeſty's ſoil of this manor . . . upon the landing places in Strand Lane and Surry Stairs . . . ſuch incroachments 'being' attended with inconvenience to all perſons reſorting to the ſaid landing places from the river, and . . . a very great nuiſance," amerced 50 l. Again, E. C. 1780, 10 l. Again, E. C. 1782, 10 l.

Inmates.

M. C. 1684. Mary Day, "for divideing her houſe . . . into ſeveral tenements for the ſpace of fiue moneths," amerced 2 l. 10s.

M. C. 1685. Anthony Plomer, "for taking jnmates into his houſe for . . . two moneths," amerced 10 s.

E. C. 1692. John Billing, "for letting two houſes [19]in Milford Lane . . . to ſeverall families, and takeing of jnmtes," amerced 13s. 4d.

Iury.

Defaulters.

E. C. 1709. John Loggan, for "not appearing at this court, and refuſing to aſſiſt and attend the reſt of the jury, and bearing an equal ſhare in their expences," fined 2l.

M. C. 1709. Richard Nichals, "for nott appearing and attending at this court, and nott attending the jury in their buſineſs out of court," amerced 10s.

E. C. 1724. Thomas Keene, "for not attending this day to do his duty, and likewiſe for not attending the jury upon their going their rounds . . . though proper notice was given him each time," fined 40 s.

M. C. 1748. Ignatius Douglas, Henry Ellers, and Henry Lamb, "for 'their' contempt in not appearing to do 'their' duty as 'jurymen' at the ſaid court, though duly ſummoned thereto," fined 5l. each.

M. C. 1773. Thomas Beckett and John Twigg, "two of the jurymen . . . who 'appeared' . . . to have been duly and ſeverally ſummoned to attend 'the' court . . . but 'had' made default," amerced 40s. each.

Departing without Leave.

E. C. 1732. Four perſons, "for departing this court without leave, after having been ſworn on the jury, and for not ſtaying to hear their charge given," fined 10s. each.

Inſults.

M. C. 1761. "It having been made appear to 'the' court that Joſeph Hallet," (amerced 20s. for continuing a high poſt) "'had' been guilty of very inſolent and im⯑proper [20]behaviour to the jury . . . in the execution of their office, he 'was' fined for the ſame 20 ſhillings^*."

M. C. 1763. William Richards, ſervant to Mr. Sneyde, "for inſulting the jury in the execution of their office," amerced 1l.

Refuſing to ſerve.

E. C. 1692. Jeremy Thornhill, "for refuſing to ſerve on the jury . . . being duely ſummond and preſent in court, and refuſeing to be ſworne," fined 40s.

John Holden, for the like, 5l.

E. C. 1749. William Alexander, "for his contempt of the court, for refuſing to take the oath of office as a jury⯑man, being duly ſummoned for that purpoſe, without giving any reaſonable cauſe for his refulſal," fined 5l.

Nuiſances.

Aſhes.

E. C. 1685. Widow Barrier, "for anoying the ſtreet with aſhes," amerced 2s.

Samuel Heath, for the ſame, 2s.

M. C. 1690. Rebecca Pritchard, "for ſifting aſhes in the ſtreet," amerced 3s. 4d.

Bulks.

E. C. 1716. Chriſtopher Scrape, "for building a new bulk nere Exeter Change, and blocking up a door way into the ſaid change, to the great detriment of Mr. Brown," amerced 2l.

M. C. 1746. Three perſons, "for erecting 'bulks' or 'outſets' . . . in the ſtreet oppoſite 'to their houſes,'" amerced 6s. 8d. each.

Carts in the Street.

E. C. 1683. Leonard Hancock, "for ſetting his graine carte in the kings highway, in Milford Lane, for the ſpace of one month," amerced 5s.

[21]Mr. Smyth, for ſetting his carte loaden with timber in the ſtreet," amerced 6s. 8d.

E. C. 1689. Mr. Leonard Hancock, "for ſtopping vpp the ſtreet with carts," amerced 2l. 10s.

E. C. 1696. Thomas Prentice, "for ſtoping up the kings high way . . . with carts . . . the ſame being an anuzance to all his majeſtes ſubjects paſſing and repaſſing the ſaid high way," amerced 1 l.

Caſks in the Street.

E. C. 1683. Mrs. Smyth, "for ſetting caſke in the ſtreet for one month," amerced 3s. 4d.

M. C. 1695. Richard Thawts, "for hooping or cauſe⯑ing to be hoopt his caſke in a paſage betweene Beuford Buildings and Fountaine Court . . . whiche 'ſtopped' the paſſage of his majeſties ſubjects," amerced 10s.

E. C. 1709. Simon Harbin, "for ſuffering ſeverall brewers caſks to ſtand and be emptied of the waſh before his door, to the great annoyance of his neighbours," amerced 3s. 4d.

M. C. 1732. Emmerton, "for placeing tubbs before his houſe," amerced 3s.

Cellar Doors and Windows.

E. C. 1686. Mr. Baſwright, "for letting his celler dore lye open very far in to the ſtreet, to the great anoya[n]ce of the kings ſubjects," amerced 10s.

M. C. 1692. Lord Germayne, "for not covering and amending his celler window, the ſame being open and very dangerous for their majeſties ſubjects paſſing and re⯑paſſing thereby," amerced 6 l.

E. C. 1721. William Roberts, "for not keeping his cellar or vault door . . . in good repair, to the annoyance and damage of his neighbours and others of his majeſties ſubjects paſſing and repaſſing that way," amerced 10s.

Common Shore.

E. C. 1683. Joſeph Whiſton, "for occationing the common ſhore to be ſtopt by Exeter Chainge," amerced 10 s.

Dunghills.

[22]

E. C. 1685. Thomas Row, eſq. "for making a dung⯑hill from his ſtable in the common ſtreet," amerced 5s.

The Lady Brown, "for throwing horſe dung in the ſtreet," amerced 5s.

M. C. 1690. Sir Charles Porter, "for makeing a lay⯑ſtall in Millford Lane," amerced 3s. 4d.

Three others amerced for the like offence.

E. C. 1707. James Long and Francis Roods, "for making a dung wharffe and Beauford Building . . . and for continuing a large quantity of dung there for ſeverall dayes, and for bringing the ſaid dung out of ſeverall pariſhes, and there laying and continuing the ſame upon the ſaid wharffe, to the very great dammage and nuſance of all the inha⯑bitants liveing there, and the like offence haveing been preſented at former courts and not reformed," amerced 99l.

E. C. 1725. Francis Rhodes, "for making a dung wharfe or lay ſtall at the lower end of Fountain Court . . . being a great nuſance to the inhabitants thereabouts and others, and for continuing the ſame after ſeverall notices given to him to abate the ſame," amerced 20l.

Filth and Naſtineſs.

E. C. 1731. John Roads, "for a nucence by keeping of a great quantity of filth and naſtineſs in a vault under Fountain Court, to the great annoyance of the inhabi⯑tants," amerced 10l.

Hanging out Clothes, &c.

E. C. 1685. Richard Barber, "for hanging out cloaths in the ſtreet uppon a poll, amerced 5s.

E. C. 1697. Peter Williams, "for an incroachment and anuzance in the kings high way . . . by hanging out ſilks ſoe low in the ſtreet and his majeſtes ſubjects can⯑not paſſe and repaſſe as they vſed and ought to doe," amerced 1l.

Houſe of Office.

[23]

M. C. 1684. Widow Day, "for a houſe of office emptying itſelfe upon the kings high way," amerced 2l.

M. C. 1725. Solomon Humbleby, "for refuſing the party vault or houſe of office to be emptied thro' his houſe, contrary to antient cuſtome and uſage, whereby the emptying thereof other ways became a great nuſance to his neighbours," amerced 13s. 4d.

Obſtructing the Paſſage.

M. C. 1721. John Simmock, "for obſtructing the paſſage," amerced 13s. 4d.

C. 1718, held Auguſt 28th, to view a ſtop made in the Strand by Mr. Francis Saul and Mr. Richard Willett, by digging vaults before their doores, and thereby occa⯑ſioning a ſtop for ſeverall days;" adjourned ("diſputes ariſing") till Auguſt 30th; ſaid Saul and Willett amercod 5l. each, affeered (September 3d) at 50s. each.

E. C. 1747. Joſeph Hallett, "for encouraging vagrant and diſorderly perſons to ſtand at the door of his houſe . . . the ſame being a nuſanſe and an obſtruction to perſons paſſing and repaſſing on the kings highway," amerced 1 l.

E. C. 1757. Tate, "for obſtructing the foot⯑way with bird-cages," amerced 13s. 4d.

Open Places.

M. C. 1693. Upon the oaths of the conſtables, "Mr. Alderſey and Mr. William Buſhel, the under⯑takers and managers of the city pipes, for break⯑ing up and leaueing open the ground in the kings high way in the Strand, neare Exeter Change, being very dangerous for there majeſties ſubjects paſing and repaſing the ſaid way," amerced 5 l.

E. C. 1712. "The Duke of Beuford, for a defolt, letting a peaſe of ground ly open in Foutting Cort, wich ſeuerall peple fell done one ſtory depe, for wich whe a meſing," 10l.

M. C. 1773. Hans Wintrop Mortimer, eſq. "for opening and leaving open a drain in Strand Lane, and for leving in Strand Lane and Surry Street . . . a conſider⯑able [24]quantity of rubbiſh and materials for building," amerced 10 l.

E. C. 1774. John Tinckler, carpenter, "for leaving open and uncovered three areas in Exeter Street . . . being very dangerous to paſſengers, eſpecially in the night time," amerced 3l. 3s.

Rubbiſh in the Street.

M. C. 1684. Mr. Robert Cordell, "for laying rubbiſh at the weſt end of the . . . Exchange," amerced 3 s. 4 d. (upon the oaths and information of the ſcavengers.)

Symon Fox, eſq. "for permitting a heap of rubbiſh to lye at the ſyde of Mr. Weeks his houſe, and upon his owne ground in Surry Streete, for 3 months," amerced 1d.

Five others for the like offence. 10s. &c.

M. C. 1693. The undertakers and managers of the city pipes, "for leaueing there pipes and a quantety of rubbiſh in the ſtreet, it being a great nuzance to their majeſties ſubjects," amerced 5 l.

M. C. 1730. Thomas Pyke, church-warden of St. Clements, "for ſuffering great heaps of lime and morter to lye in the church yard ſeverall weeks," amerced 6s. 8 d.

M. C. 1746. Three perſons, "for laying rubbiſh in the publick ſtreet," amerced, "unleſs removed in ſix days," 2l. 1l. and 1l.

Ruins.

M. C. 1683. Simon Fox, eſq. "for a houſe in the Strand much decayed and in danger of falling downe ſpeedely," amerced 5l.

M. C. 1765. Mr. Knot, "for not clearing away the rubbiſh in Water Street, and for not taking down the ſtack of chimnies and front wall in Arundell Street, where a fire lately was, it being very dangerous to paſſengers," amerced 2l. 10s.

E. C. 1767. The ſame, "for not putting up a proper fence before his houſe in Arundell Street, where the late fire was, it being a great nuiſance to the neighbourhood there," amerced 2l. 2s.

[25]M. C. 1773. [...] , "for continuing a ſtack of chimneys, being the remains of his late houſe burnt done in Water Lanel . . . whereby the lives of peſſengers are endangered," amerced 5l.

Shed.

M. C. 1689, Mr. Wood, "for building a ſhed in Worceſter Street, to the great annoyance of the neigh⯑bourhood and incroachment of the kings highway," amerced 1 l.

Sink.

M. C. 1726. Mary Armſhaw, "for turning the ſink of her houſe into 'Angell' Court, to the great annoyance of her neighbours," amerced 1 l.

Soil.

E. C. 1718. Joſiah Keen, "for bringing his ſoil and ſcattering of it in the ſtreets . . . to the great annoyance of the inhabitants," amerced 20l.

M. C. 1722. William Jarvis, "for annoying his next door neighbour by throwing out filth and ſoile, and darking his next door neighbour by hanging out cloaths, and alſo for an inſult offered to the jury in the execution of their office," amerced 6 s. 8 d.

Stills.

E. C. 1707. Mary Bavige, "for not removeing a ſtill in her houſe, whereby her neighbours houſes have been and are in danger of fire, and likewiſe for keeping a diſorderly houſe," amerced 2 l.

M. C. 1721. Peter Duamell, diſtiller, "for negli⯑gently fixing and putting up a ſtill very dangerous to the inhabitants his neighbours . . . and others his majeſties ſubjects," amerced 2 l.

Watercourſe.

M. C. 1740. Mrs. Brown, "that ſhe ſuffers her watercourſe to break in upon her neighbour's vault to their great injury," amerced 1 l.

Pavements.

[26]

*⁎* The preſentments for bad pavement before 17 are almoſt innumerable, but this branch of the jurys duty being now veſted in a different body, they are not neceſſary to be more particularly noticed.

See Commiſsioners of Pavements.

Poulterer.

E. C. 1694. Nicholas Baker, poulterer, "for vending and ſelling ſtinking and corupt and unholſom pidgions," amerced 3s. 4d.

Savoy Priſon.

M. C. 1708. "Terient Markmahone [Terence Mac Mahon] marſhall or keeper of the priſon in the Savoy . . . for expoſeing to ſale the 13th October inſtant within the ſame to ſoldiers impreſſed for her majeſties ſervice in the Savoy unwholſome beer and ale, by which many of the ſaid poor men dye; and alſo for extorting from the ſaid poor men three-pence a pint for the ſaid unwholſome drink, and hindering them from buying any drink any where elſe . . . the jury 'being' of opinion it is very prejudiciall for her majeſties ſervice that the ſaid Markmahone, being goaler there, ſhould be allowed to ſell drink," amerced 2l.

S. C. and E. C. 1709. The ſame for the like offences on the 20th October, 4 l.—21ſt, 2 l.—30th November, 5 l. —22d January, 6 l.—2d March, 7 l.

M. C. 1721. Captain Thomas Morphew, "for keep⯑ing the priſon in a very unwholſom condition, and not allowing neceſſaries in bedding," amerced 50l.

E. C. 1725. Thomas Garton, alias Gartell, "for. keeping the priſon in the Savoy . . . in a very noiſome and unwholſome con [...]tion, in bad bedding and deficiency of proviſions for the poor priſoners, whereby they labour [27]under very great hardſhips, and are almoſt ſtarved," a merced 50 l.

M. C. 1774. "On the return of the aleconners, William Jackſon of the Savoy priſon, for ſerving the pri⯑ſoners with ſeveral loaves of bread wanting in weight," amerced 40s. ^*.

Scavengers.

M. C. 1684. The ſcavengers, "for not clenſing the ſtreets for 2 moneths," amerced 2 l.

M. C. 1685. The ſame "for rubbiſh lying by St. Clements church-yard, &c." amerced 5s.

E. C. 1686. Ditto, "for not cauſing the dirt to be taken out of Strand Lane for three monthes," amerced 1 l.

S. C. "For not appearing laſt court leet," amerced 10 s.

E. C. 1692. James Browne, "for refuſeing in con⯑tempt of 'the' court to ſerve the office of ſcavenger . . . being duely elected," fined 40 s.

*⁎* Since 17 theſe officers have been appointed by the commiſſioners of pavements.

M. C. 1766. Francis Thomas, ſcavenger to the com⯑miſſioners of the pavement, "for not cleanſing the Strand from Exeter Change to Temple Bat," amerced 13 s. 4 d.

Seliing Drink without a Licence.

[28]

M. C. 1689. Thomas Towre, "for ſelling drinck in Strand Lane without a licence for 3 moneths," amerced 10 s.

Sewers.

See Commiſsioners of Sewers.

Strand Bridge.

E. C. 1711. Anthony Sabatier and Jeffery Naſh, "late ſurveyors of the high ways for the liberty," for having "taken away the old ſtairs at Strand bridge, and contrary to the uſadge and cuſtom of the ſaid ſtairs for 200 years and more . . . erected a plat forme about 12 foot from the old landing place into the river of Thames to the great coſt and charges of the liberty, and 'had' not according to the notice given them . . . deſtroyed ſuch their innovation, and 'placed' the ſtairs according to the ancient cuſtom," amerced 20l.

E. C. 1743. "Thomas Maples and John Hemmings, ſurveyors for the highways, on account of the ſtairs of Strand Bridge being in a dangerous and ruinous condition," amerced 1 l.—Again E. C. 1744. 2 l.

M. C. 1743. The ſame, "on account of the railes at the head of Strand Bridge near the Thames being out of repair," amerced 13s. 4d.

M. C. 1744. The churchwardens of the pariſh of St. Clement Danes, "for not repairing and amending the bridge called Strand Bridge and the ſtairs thereto belong⯑ing . . . the ſaid bridge and ſtairs being in a ruinous condition and very dangerous to perſons paſſing up and down the ſame," amerced 2 l.

And again E. C. 1745, 5 l.

M. C. 1765. The churchwardens of St. Clements, "for not repairing Strand Bridge and the ſtairs thereto belonging . . . the ſame being in a ruinous condition and very dangerous to paſſengers," amerced 5 l.

[29]M. C. 1775. The churchwardens of St. Clement Danes, "for neglecting to rail and fence each ſide of a certain bridge called Strand Bridge . . . It appearing to 'the jury' that his majeſty's ſubjects paſſing over the ſaid bridge are in 'imminent' danger," amerced 4 l.

Strand Lane Stairs. Surry Stairs.

M. C. 1773. The duke of Norfolk, "for neglecting to repair Surry Stairs and Strand Lane Stair," amerced 40 s. for each.

See Incroachments.

Watching and Warding.

*⁎* The watch being now under different regula⯑tions, none of the very numerous proceedings on this head are neceſſary to be ſtated.

Water Works.

New River Water.

E. C. 1684. The governors and company of New River water, "for not repairing their pipes, to the great damage of the inhabitants and annoyance of paſſengers," amerced 5l.

M. C. 1684. E. C. 1686. M. C. 1690. Other pre⯑ſentments of the like nature.

Thames Water.

E. C. 1686. Ralph Bucknell, Eſq and 'partners,' "for not mending their pips belonging to the Thames water in ſeverall places," amerced 2l. 10s.

See Nuiſances.

Weights and Meaſures.

[30]

E. C. 1684. William Fennel, baker, "for two halfe penny loues of wheaten bread wanting one ounce of the aſſiſe, and alſoe for ſix halfepenny wheaten loues wanting three ownces and a halfe in the 6 of the aſſiſe, and for [] halfe penny wheaten loues wanting halfe an ounce in each pennyworth of the aſſiſe, and likewiſe for two halfe penny wheaten loaves wanting halfe an ounce of the aſſiſe, all the fame day at ſeuerall houſes," amerced 10l. 6s. 8d.

Several others amerced for the ſame offence^*.

M. C. 1709. Verrient Mack Mohone [Terence M' Mahon] "for expoſeing to ſale . . . thirty one penny⯑worth of bread wanting thirty one ounces aſſize," amerced 10l. 6s. 8d.

E. C. 1685. Mr. Spencer, butcher, "for one half hundred waite wanting one pound," amerced 6s. 8d.

M. C. 1689. Mary James "her weights being too light," amerced 5s.

E. C. 1702. Henry Styleman, " [...] [...]ing in the way of his trade a pair of unequall [...]s . . . [...]cale a quarter of an ounce lighter then the other,' amerced 5s.

Three others for "offences nature," amerced 7 s. 6 s. 15 s. 10 s.

Catherine Lynton, "for a 2 pound weigh [t] a quarter and halfe a quarter of an ounce lighter then the aſſize," amerced 6s. 8d.

E. C. 1717. Five perſons, "for light weights," amerced 6s. 8d. each.

E. C. 1720. William Harris, "for keeping falſe ſcale," amerced 13s. 4d.

M. C. 1755. Ritſon, widow, "for uſeing ſhort weights," amerced 3s. 4d.

M. C. 1766. Upon the return of the aleconners, Mrs. Foſſick, cheeſemonger, "for ſelling with ſcales no [31]true ballance, to the great prejudice of the fair trader," amerced 2l. 10s.

E. C. 1785. Upon the return of the aleconners Mr. Foſſick, cheeſemonger, "for having ſcales which they found deficient," amerced 40s.

M. C. 1684. Mr. Davis, "for haueing ſhort meaſure," amerced 3s. 4d.

"John the Coffeeman," for the ſame offence, 2s.

E. C. 1686. Mr. Thomas Kelly, "for one Wyn⯑cheſter quart wanting halfe a pint broaken," amerced 3s. 4d.

M. C. 1687. John Bancks, "for ſelling coales by an halfe busſhell and a peck that wanted halfe an inch in breadth and depth," amerced 2 l.

Another for the like offence, 5 l.

M. C. 1689. Mr. Williams, "for a ſhort yard," amerced 3s. 4d.

M. C. 1693. Mr. Hillton, "for ſelling ale and beare in falfe and vnlawfull meſſuers," amerced 1s.

M. C. 1705. Elias Allington and others, for "ſhort yards," 6s. 8d. each.

E. C. 1721. Mr. Gardner "for fraudulently ſelling and expoſing to ſale with a yard or pretended meaſure of a yard made on his counter wanting an inch in length," amerced 6s. 8d.

M. C. 1727. Richardſon, "for ſelling coals in ſacks that want near 3 inches in length and near 7 inches in breadth of the ſtandard [...] aſize by law directed," amerced 20l.

E. C. 1735. Thomas Richardſon (upon return of the aleconners) "for his buſhell being ſhort of ſtandard meaſure," amerced 20l.

M. C. 1755. David Keen, coalmerchant, "for uſeing ſhort meaſures," amerced 6s. 8d.

E. C. 1767. Upon the return of the aleconners, Thomas Townſend, "for having a ſhort buſhel meaſure for coals," amerced 5l.

E. C. 1772. "We the jury of this court and liberty, and alſo we William Manning, William Robinſon, and Peter Greenough, three of the aleconners of this liberty, [32]do preſent that the yard meaſures in general uſed by ſhop⯑keepers within this manor and liberty are wanting and ſhort of the ſtanding yard meaſure of London, one-eight of an inch, and the half buſhel generally made uſe of in this manor and liberty 'is' alſo conſiderably wanting in length and depth of the ſtandard half buſhel meaſure of London; but it appearing that ſuch yard and half buſhel meaſures reſpectively have been ſtampt as true meaſures, and that the perſons uſing them may have been themſelves deceived, and may have uſed the ſame without any willful deſign to do wrong, we the ſaid jury do not think fit at this time to preſent or amerce any individual for the ſame, but we the ſaid jury and aleconners humbly pray that the ſteward, high bailiff, and burgeſſes of this court and liberty to order public notice to be given that every perſon within this manor and liberty do forthwith procure all their re⯑ſpective meaſures by them uſed, or to be uſed, within the ſame, to be made agreeable to the ſtandard meaſures of the city of London; and we do alſo recommend it to the jury our ſucceſſors to inquire after, preſent, and amerce at the next court all ſuch perſons as ſhall hereafter uſe any meaſures wanting or ſhort of the ſtandard meaſures of London; and in as much [as] we the ſaid jury having been informed that the aforeſaid bad meaſures now uſed in this liberty were ſo ſtamped as true meaſures by the proper officer of the liberty of Weſtminſter, who is intruſted to ſtamp meaſures, and that his fees were paid for the ſame, do re⯑commend to the conſideration of the court, and alſo of the new jury our ſucceſſors, whether ſuch ſtamping officer of Weſtminſter aforeſaid [ſhould] not have intimation given [him] of the matters now preſented by us, and be remon⯑ſtrated with upon this occaſion^*."

See Aleconners.

Special Entries.

[33]

1. Concerning the Amerciament of the Simple Defaulters.

(Eaſter Court, 1709.)

No amerciament is made upon the ſimple defaulters this year for the reaſons following.

What the ſimple defaulters was amerced before the year 1684 is uncertain, but it does appear plainly by the entries made in the leet jurys book, that for 12 years, viz. from 1684 to Lady Day 1696 the ſimple defaulters were amerced by the jury at 6d. each and no more: at which Lady Day (Joſeph Whiſton being foreman) they were amerced 12d.; but at the Michaelmas leet next following (Richard Acton foreman) the amerciament was reduced again to 6d. each, and ſo continued at 6d. till the year 1699 (Rober [...] Bampton foreman) when and from which time the entring the names of theſe defaulters was diſcontinued till the year 1704 (Joſeph Gaywood foreman) and then they appear again in the leet book, and as 'tis there ſet down amerced 12d. each, and has ſo been kept up at 12d from that time to this Michaelmas 17 [...]8, when the preſent jury being deſirous to reduce this amerciament to the antient and uſual ſumme of 6d. the court ſeemed uneaſie, and very unwilling to conſent thereto, and the bailiff did not then or at any time ſince exhibit or produce to the ſaid jury any liſt or roll containing the number or the names of ſuch defaulters, nor make any returns to the jury, which he, as well as the conſtable, aleconner, &c. ought to do; yet notwithſtanding a liſt is ſince entred in the ſteward's book (as we are informed) of 123 ſimple defaulters at the Michaelmas leet 1708, and another liſt of 146 at Lady Day leet next following; and money hath been demanded and received by the bailiff thereon, contrary both to the law, and the cuſtom and uſage of this mannor as we conceive.

Samvel Watkinſon
William Champian
Wm. Widdowes
Henry Goby
John Wheeler
Richard Clark
Mark Bingham
John Wynell
Wm. Lukin
John Aldridge
Richard Gueſt
Simon New
John Loggary
Richard White
Geor. Eues"

[34] *⁎* M. C. 1716. "We doe amerce all defaulters for not appearing at the court leet this day one ſhilling each man."

II. The appointment of a Conſtable by the Jury.

"The 5th day of July 1710.

Att a meeting of the jurors for the manor de le Savoy, in le Strand, in com^t. of Middleſex, Parcel. Honor. & Ducat Lanc.

To the Honourable the Juſtices at Hicks' Hall.

Whereas John Muſſon was ſwore conſtable for the Savoy ward in the liberty aforeſaid, at a courte leet held the 20th day of April 1710, and in the nineth year of the reign of queen Ann of Great Britton, etc.

Upon an indictment this day exhibeted before us, the treu copey hereunto annexed, held at a generall quarter ſeſſions of the peace at Weſtminſter the 30th day of June 1710, for evil practice and a notorious breach of the peace of our ſovereign lady queen Ann, etc.

Wee the jurors for the liberty aforeſaid, doe appoint and preſent Peter Vareen, an inhabitant and book⯑ſeller in the ſaid liberty, to be conſtab[l]e for the Sa⯑voy ward aforeſaid, in the place of the ſaid John Muſſon.

Accordingly Peter Vareen was accepted and ſworn conſtable in the courte at Hicks' Hall."

III. Orders relative to Perſons ſummoned upon Pain.

"Mannor and liberty of the Savoy, in the Strand, parcell of the Duchy of Lancaſter.

At a court leet held for the ſaid mannor and liberty, the 25th day of April, in the fourth year of the reign of our ſovereign Lord George, by the grace of God of Great Brittain, France and Ireland, king, defender of [35]the faith, &c. Anno Domini 1718, before William Bel⯑lamy, eſq ſteward of the ſaid mannor.

Richard Willott Burgeſſes and bur⯑geſſes aſſiſtants of the ſaid liberty.
Watkinſon Burgeſſes and bur⯑geſſes aſſiſtants of the ſaid liberty.
Phil. Pinckney Burgeſſes and bur⯑geſſes aſſiſtants of the ſaid liberty.
Richard Cooper Burgeſſes and bur⯑geſſes aſſiſtants of the ſaid liberty.
James French Burgeſſes and bur⯑geſſes aſſiſtants of the ſaid liberty.
Daniel Browne Burgeſſes and bur⯑geſſes aſſiſtants of the ſaid liberty.
John Wareing Burgeſſes and bur⯑geſſes aſſiſtants of the ſaid liberty.

At this court it was ordered by the court, that the bailiff of the ſaid liberty, or his deputy, do iſſue new ſum⯑mons according to the liſt delivered to him by the foreman of the jury, and according to the antient cuſtome uſed in the ſaid liberty: and then the court adjourned to Wedneſ⯑day the ſeaventh of May next."

"Mannor and liberty of the Savoy, in the Strand, par⯑cell of the Duchy of Lan⯑caſter.

At a court leet held for the ſaid mannor and liberty by adjournment on the 7th of May 1718, before William Bellamy, eſq ſteward there.

Richard Willett Burgeſſes and burgeſſes aſſiſtants of the ſaid liberty.
Phil. Pinckney Burgeſſes and burgeſſes aſſiſtants of the ſaid liberty.
Daniel Brown Burgeſſes and burgeſſes aſſiſtants of the ſaid liberty.
John Wareing Burgeſſes and burgeſſes aſſiſtants of the ſaid liberty.
Richard Cooper Burgeſſes and burgeſſes aſſiſtants of the ſaid liberty.
James French Tuttle Burgeſſes and burgeſſes aſſiſtants of the ſaid liberty.

This court being informed that the bayliff of the ſaid liberty, or his deputy, had ſummoned the reſiants to appear upon 5 l. a peice, and ſeverall of the ſaid reſiants not named in the liſt given him by the foreman of the jury, it was ordered by the court that Mr. James Fuller, in the abſence of the foreman of the jury, do deliver a liſt to the ſteward of perſons inhabitants to be ſummoned upon pain of five pounds a piece, according to the antiant cuſtome, they not being ſummoned according to foremans liſt and the order of the laſt court, and that Thomas Collingwood do ſummons ſuch perſons in ſuch liſt named, to appear on [36]the 14th inſtant as uſuall, according to a liſt to be given him for that purpoſe. And then the court adjourned to the 14th of May inſtant."

N. B. Theſe orders are chiefly inſerted to ſhew the antiquity of the foreman's liſt. In other reſpects they are of no authority whatever. If the bailiff had not done his duty, the court ought to have ſet a fine upon him, but had no power to transfer his office to another perſon^*; a circumſtance of which the ſteward could hardly be ignorant, which renders it probable he was not preſent, nor had any concern in this very irregular proceeding.

IV. Repreſentation of the Jury (E. C. 1723) that no inhabitant ought to be put into an office in leſs than three years.

"We the jury for the liberty of the Dutchy finding by the jury book that it has heretofore been a method with ſeverall preceeding jurys not to put any inhabitant into any of the ward offices in leſs then three years clear from their haveing ſerved any one ward office, as alſoe not to putt any inhabitant on any office till he has been an inhabitant for full three years in the liberty; but notwithſtanding that this has been obſerved by ſeveral jurys, yet, for want of its being inſerted in the jurys book, the ſaid rule has very offten been broke into, to the detriment and very great hardſhip of ſeveral of the inhabitants aforeſaid, ſeveral of which have very often been put into two offices within the ſpace of 2 or 3 years at moſt, while great numbers of the other inhabi⯑tants of the ſaid liberty have eſcaped from ſerving any one office at all for 10, 15, or 20 years. To remedy this hardſhip, therefore, we doe here leave it as our oppinion and judgment, and as a very great peice of juſtice, doe recom⯑mend it to all ſuceeding jurys, That it the time of their chooſeing the officers and jury to ſucceed them, that they [37]would take the trouble carefully to over look this book and only to put in ſuch as have enjoyed three clear years beſides the year they were in any office: the jury alſoe recommend it farther to their ſucceſſors to cauſe this ſaid repreſentation, or ſome other ſuch as in their judgment will anſwer the purpoſe deſigned, in writeing at the end of their years account in this book for the good and juſt advantage (not of themſelves only, but) of the inhabitants of this liberty in generall."

V. The Rules, Orders, and Forfeitures made and paid by the Jury, 1727.

"Ordered, That the conſtable (who attends the jury) be at the veſtry room by 8 of the clock in the morning (when the jury are to goe their rounds) from Lady Day to Michaelmas, and at 9 from Michaelmas to Lady Day.

Ordered, That the beadles doe attend at the dore below ſtairs, and that they fail not of being their firſt.

Ordered, That every jury man who ſhall not be in the veſtry room before the clock has ſtroke the firſt ſtroke of 8 in the morning for the ſummer half year, and of 9 for the winter half year, doe forfeit and pay 0 1 0

Ordered, That every jury man who ſhall neglect to walk ſhall forfeit and pay, over and beſides the ſhilling above — 0 2 6 But ſuch purſons as are ſick or ſhall have the foremans leave to be abſent, are excuſed from the two forfeturs above mentioned: but they are to pay their part of the expence of the day.

Ordered, That whatever jury man ſhall call the foreman by any other name or title (dureing the time the jury are together upon buiſneſs) then Mr. Foreman, ſhall forfeit and pay — 0 1 0

Ordered, That whatever jury man ſhall come drunk into the jury, or ſwear, or t [...]lk bawdy or obſeenly dureing the time the jury are together (on buiſneſs) ſnall forfeit and pay for each of the ſaid offences. — 0 1 0

[38]Ordered, That the conſtable attending the jury be [lyable to all the ſaid forfitures: but that he be allways excuſed from paying any otherwiſe.

The jury at their laſt court leet, and goeing out, gave,

To Faithfull, the upper beadle, — £. 1 0 0
To Reeves, the under beadle, — 0 10 0
To Mrs. Sainworthe (ve[s]try woman) 0 5 0 ^*

N. B. The foreman pays double forfeitures and double to every other expence."

VI. Repreſentation of Inconveniences for want of a Watch Houſe.

"October the 14, 1737.

We preſented two the court leet a petition in the words following—and the court promeſt uſs that thay woold take care of it, and give proper directions about it—which we ar in hopes to ſee finiſhet in a ſhort time.

We humbly repreſent the many and great inconveniences this liberty at this time lyes under for the want of a watch houſe, the conſtubles being now oblidged to keep there watch in the round houſe in Strand lane, a place no ways fitt for that purpoſe, it is in a dark durty hole, and ſo remote from great part of the liberty—many and frequent diſorders happen in the night, and more eſpecially in the grand ſtreet, from Temple Barr to the Savoy, to the great diſturbance of the inhabitance of the ſaid wards and of his majeſties ſubjects paſſing too and froe about there lawfull occaſions^† —and, in order to remedy this great complaint [39]we haue bin carefull to find out a fitt and proper place which we hope will meet with your approbation—the place is at the eaſt end of the new church in the Strand, we have had the ground meaſured, and find that there is full roome without aney hinderance to aney of the neigh⯑burhood—and we humbly hope you will give orders for the building of a watch houſe in that place, which will be of great ſervice to the liberty^*

VII. Leave given to the Coal Porters to erect a Shed.

"Memorandum this 4th day of May 1742. That Mr. Henry Garbrand and Mr. James Fletcher, church wardens, and wee the jury of the court leet of the Dutchy of Lancaſter, did conſent to give leave to the company of coal porters to erect a ſhed at Milford ſtairs, for conve⯑niency of putting up their ſacks, &c. appearing to be no nuſance to any perſon [as] Mr. Hutchens our raker ac⯑knowledged.

Thomas Maples, foreman
Joſeph Townſend
Thomas Rayner
Samuel Wright
J. Warmingham
Benjamin L'huile
William Dowſe
Samuel Trumbell
Aaron Trumbell
Edward Deaintree
Jo. Emerton
John Tice
Henry Howard
John Jones"

[40]VIII. Election of a Foreman by the Jury.

"Memorandum.

Our late foreman, Mr. Thomas Moore, appointed by the jury laſt year, being dead, for our more regular manner of proceeding think it neceſſary to ellect another, and having maturely conſidered thereon, we ſeverally and re⯑ſpectively approve of Mr. John Perry, our deputy, beleiving him to be a very proper perſon to ſucceed the late Mr. Thomas Moore, and we hereby declare and acknowledge the ſaid John Perry as our foreman, and think it reaſonable he ſhould enjoy all the privileges peculiar to perſons for⯑merly in that office, according to ancient cuſtom, for which we have hereunto ſet our hands this 22d day of March 1757.

John Stevenſon
William Williams
Daniel Walker
John Gregory
John Willis
James Clark
Robert Grammer
Richard Andrews
John Shipman
Edward Prior
William Redhead
Thomas Cahuſac
Chriſtopher Clifft.
John Harling
J. Clarke
John Henſon

N. B. To ſignify that ſince the laſt court leet Mr. Thomas Moore, late foreman, being dead, Mr. John Perry, his deputy, was this day by the ſteward ſworn foreman in his room."

Appendix A APPENDIX.

[]

Appendix A.1 THE OATHS OF THE OFFICERS.

Appendix A.1.1 OATHS OF THE JURY.

Appendix A.1.1.1 The Foremans Oath.

YOU, as foreman of this jury, ſhall diligently enquire, and true preſentment make, of all ſuch things as ſhall be given to you in charge; the Kings counſel, your own and your fellows, you ſhall well and truly keep; you ſhall preſent nothing out of hatred or malice, nor conceal any thing out of fear or affection, or for any reward, or for the hope or expectation of a reward, but all things you ſhall well and truly preſent as the ſame ſhall come to your knowlege. So help you God!

Appendix A.1.1.2 Oath of the Four next the Foreman.

The like oath that your foreman hath taken, on his part, you, and each of you, ſhall well and truly obſerve and keep on your reſpective parts. So help you God!

Appendix A.1.1.3 Oath of the reſt.

The like oath that your foreman, and others your fellows, have taken on their parts, you, and each of you, ſhall well and truly obſerve and keep on your reſpective parts. So help you God!

Appendix A.1.2 OATH OF THE ALECONNERS.

You ſhall ſwear thar you will well and truly ſerve our ſovereign Lord the King in the office of Aleconner for [42]the [...] ward within this manor and liberty for the year now next enſuing, or until you ſhall be thereof diſcharged by due courſe of law: you ſhall well and truly do and execute all things belonging to the ſaid office according to the beſt of your knowlege. So help you God!

*⁎* The oath of the FLESHTASTERS is to the ſsame effect.

Appendix A.1.3 OATH OF THE CONSTABLES.

You ſhall ſwear that you will well and truly ſerve our ſovereign Lord the King in the office of Conſtable for the [...] ward within this manor and liberty, or until you ſhall be thereof diſcharged by due courſe of law: you ſhall, to the utmoſt of your power, ſee the kings peace kept, and Keep all ſuch watch and ward as have been uſually accuſtomed and ought to be kept: and you ſhall well and truly do and execute all other things be⯑longing to the ſaid office according to the beſt of your knowlege. So help you God!

Appendix A.2 THE BOUNDS OF THE LIBERTY OF THE SAVOY.

FROM THE PLAN OR SURVEY TAKEN THEREOF, BY VIRTUE OF A COMMISSION OUT OF THE DUCHY COURT, IN THE YEAR 1740.^*

This liberty is divided into four wards, viz. Royal-Ward, Middle-Ward, Savoy-Ward, and Church-Ward.

The ROYAL-WARD 'lyes' on the eaſt end of the liber⯑ty, beginning at the ſouth-weſt corner of Temple-Bar, and [43]from thence 'goeth' along by the wall of the Middle Temple on the ſouth, and from thence 'extending' weſt⯑ward, and thence again towards the ſouth, as the ſaid wall goes along to the river, paſſing by a boundary ſtone with the mark of an anchor thereon, till it falls into the River of Thames, and from thence 'extending' along by the ſaid river weſtward by ſeveral wharfs on the bank of the ſaid river till it comes to Milford Lane, and thence northward up the middle of the ſaid lane, comprehending the buildings on the eaſt ſide thereof, till it ſhoots out into the Strand, and from thence ſtretching over towards the north-weſt till it comes to the ſouth-weſt corner of Saint Clements Church, and from thence paſſing by the weſt door of the ſaid church till it comes by the corner of a row of houſes on the north ſide of the church-yard, comprehending the ſaid houſes, and going though a paſſage there to the middle of a ſtreet 'called the Backſide of' St. Clements, and from thence extending eaſtward through the middle of Butcher Row by the kennel there till it comes oppoſite to the Ship Tavern, juſt beyond the eaſt end of the Butcher Row, and from thence croſſing over the way, as the kennel now goes, to the ſouthward, oppoſite to Croſs Keys Court, till it comes to the kennel next without the footway there, and from thence going eaſtward to Temple-Bar, where it firſt began.

The MIDDLE-WARD . . . begins at the kennel on the north ſide of the Strand, without the footway there, oppoſite to Milford Lane, and from thence extending down by the middle of the ſaid lane to the River Thames, being bound⯑ed all the way on the eaſt ſide by the RoyalWard before deſcribed, and extending from the bottom of Milford Lane [44]all along by the River Thames, as the ſaid river runs to⯑wards the north-weſt, till it comes to Strand Bridge Stairs, including the ſame, and from thence turning northward up Strand Bridge Lane, by the wall of Somerſet Houſe garden and Somerſet Houſe, the boundary towards the weſt, till it comes into that part of the highway called the Strand, where the kennel runs without the footway on the north ſide of the ſaid highway, and then turning eaſt⯑ward from that part of the ſaid kennel which is oppoſite to the north-eaſt corner of the front buildings in Somerſet Houſe, all long by the ſaid kennel, till it comes oppoſite to Milford Lane, where the boundary firſt began.

The SAVOY-WARD . . . begins at the north-eaſt cor⯑ner of the buildings in the front of Somerſet Houſe in the Strand, and from thence extending by the wall or boundary of Somerſet Houſe and garden to the River of Thames, be⯑ing bounded all the way on the eaſt ſide of the Middle-Ward before deſcribed, until it comes to Strand Bridge, and from thence extending all along by the River of Thames, as the ſaid river runs to the north-weſt, till it comes to a ſtone marked with an anchor in the wall next the river at the bottom of Cecil Street, and from thence extending in the ſame manner till it comes to Ivy Bridge, and from thence comprehending the ſaid bridge, turning northward all along by Durham Yard, within the liberty of Weſtminſter, the boundary towards the weſt end of the Duchy Liberty, till it comes into the middle of the high ſtreet called the Strand, comprehending the buildings deſcribed in the . . map to be the ancient ſcite of Salisbury Houſe, and from the middle of the high ſtreet, oppoſite to Ivy Bridge ^* extending eaſtward till [45]it comes oppoſite to the middle of Burleigh Street near Exeter Change, and from thence extending up the middle of Burleigh Street till it comes to a corner extending [46]towards the north-eaſt to the corner of a building about eighty foot in length, near which is placed in the front the mark of an anchor, and from thence going on by the ancient ſcite of Burleigh Houſe, on the north-eaſt ſide thereof, till it comes to the north ſide of a houſe fifty-five foot diſtant from the front thereof, now in the Strand, in the poſſeſſion of Mrs. Nicholſon, pewterer, and from thence proceeding on to the kennel on the north ſide of the Strand next without the footway there, eighteen foot or thereabouts diſtant from the front buildings there, and from thence extending to the eaſtward along by the ſaid kennel, leaving the church of Saint Mary le Strand on the ſouth, till it comes a little beyond the eaſt end of the ſaid church, and from thence ſtretching over as the ſaid kennel in part goes to the middle of the highway called the Strand, oppoſite to the north-eaſt corner of the front buildings of Somerſet Houſe on the north-weſt end of Strand Bridge Lane, where the boundary firſt began.

The CHURCH-WARD... begins a ſmall diſtance from the end of Holywell Street, and from thence extending ſouthward to the highway called the Strand till it comes to the boundary of the Middle Ward, almoſt oppoſite to Strand Bridge Lane, being bounded towards the weſt by part of the end of the Savoy Ward before deſcribed, and from thence extending eaſtward along the ſaid highway called the Strand, being bounded towards the ſouth by the Middle Ward before deſcribed, till it comes almoſt op⯑poſite to the end of Milford Lane, and from thence ſtretching northward and north-eaſtward, near the corner of Saint Clements Church, being bounded towards the eaſt by the Royal Ward before deſcribed, and going through the paſſage from Saint Clements Church-yard, near the ſaid church, till it falls into the kennel in the middle of the ſaid ſtreet, called the Backſide of Saint Clements, and from thence extending towards the weſt all along by the kennel in the middle of Holywell Street, comprehending the buildings on the ſouth ſide of the ſaid ſtreet, till it falls into a croſs kennel towards the weſt end of the ſaid ſtreet, where the boundary firſt began.

FINIS.

Notes

A ſmall tract publiſhed under the direction of "the ſociety (as it is called) for carrying into effect the kings proclamation," ſince the following pages were prepared for the preſs, has not appeared to ſuperſede the preſent attempt. Of former publications on the ſubject it may be ſufficient to obſerve, that all or moſt of them have been looked into.

The private and local acts, every where in force and no where to be met with, are at leaſt as numerous. "How is this?" exclaimed a lawyer one day, "why all theſe proceedings of yours are manifeſtly illegal; con⯑trary to Magna Charta; to the Bill of Rights, to the li⯑berty of the ſubject, to —." "Sir," ſays his client, who was a churchwarden, "we have got an act of par⯑liament." And thus it is; every little dirty pariſh in the environs of London muſt have a law for itſelf. The churchwardens or overſeers can provide the money, the attorney wants a job, the juſtice looks forward to the pe⯑nalties, and the gemmen of the weſtry like authority; an act of parliament is accordingly obtained, and, being an admirable compound of ignorance and knavery, cannot fail of proving exceedingly beneficial to the community. To the ſtatutes which are not and ought not to be in force may be added thoſe which are altogether doubtful, and, till they come in queſtion, cannot be poſitively ſaid either to be in force or not. The drawer of a modern act of parliament ſeldom troubles himſelf about former laws on the ſame ſubject; he erects the new houſe and leaves the old one ſtanding. It is a well-known obſervation of a grave and learned ſerjeant, that an act of parliament was much wanted to repeal all the laws made for thirty years paſt. This, to be ſure, would be pretty well; but a retroſpect of two or three hundred would be infinitely better. Lord Coke complains bitterly of the injudi⯑cious penners of acts of parliament in his time, "over⯑laden," as he ſays, " with proviſoes and additions, and many times on a ſudden penned or corrected by men of none or very little judgment in law." Thoſe acts, however, which gave ſuch juſt offence to this truly learned and eminent lawyer, will appear perſpicuous as light, and "brief as womans love," when compared with the endleſs and inextricable parliamentary labyrinths of the preſent century. See alſo 1 Black. Com. 10.

It was long ſince objected as a fault to the profeſ⯑ſors of the law, that they wrote their reports and books of the law in a ſtrange and unknown tongue, which none could underſtand but themſelves, to the end that people being kept in ignorance of the law, might the more ad⯑mire their ſkill and knowlege, and eſteem and value it at a higher price. Preface to Sir John Davis's Reports, publiſhed in 1628.

†

Biſhop Burnet, near a century ago, pronounced the law "the greateſt grievance of the nation." And the great lord Bacon, who complains that the laws were then "ſubject to great incertainties, and variety of opi⯑nions, delays, and evaſions," delivered a formal propo⯑ſition to king James I. for their amendment; and this at a time when the ſtatutes were in two volumes, and, beſide the year books, there were but four reporters ex⯑tant.

1 Com. 356.

†

3 Com. 322. and Benthams Fragment of Govern⯑ment, Preface, p. xxxv.

The emperor Caligula, it is ſaid, cauſed his laws to be written ſo ſmall, and placed ſo high, that, though all might clearly ſee, none could poſſibly read. The Engliſh law is thought by ſome to bear in many inſtances a great reſemblance to the Roman. And it ſeems a maxim in both, that ignorantia legis non excuſat. Others have not heſitated to ſay that Britiſh ſtatutes reſemble cobwebs, placed in darkneſs and obſcurity, for the purpoſe of en⯑trapping the ſmaller flies, in order to glut the bottled-ſpiders of Weſtminſter Hall with their blood. But theſe, no doubt, are the ravings of beggered ſuitors, and con⯑ſequently not to be regarded.

Law Tracts, 183.

There is another not over-wiſe conſtable in the Comedy of Much ado about Nothing; and again in that of Loves Labour Loſt. It is to be hoped ſuch a character is not ſo very common now a days.

†

A reſolution of all the judges would anſwer the ſame purpoſe. Something of this kind, it is true, was formerly attempted by a chief juſtice, but being haſtily, careleſsly, and every way badly done, was deſervedly re⯑jected by his brethren.

The defence of actions by an innocent man requires the fortune of a rich one. Even a pauper, who is to ſwear himſelf not worth five pounds in the world, will have to provide ten, or poſſibly fifty times that ſum, to proſecute or defend his ſuit.

In ſome parts of the north, the conſtable is intitled to an ancient ceſs charged upon certain lands, which has formerly amounted to a pretty conſiderable ſum.

(1).

See Lambard, Sir T. Smith, and others.

(2).

See Spelmans Gloſſary, voce CONSTABULARIU [...].

(3).

13 R. z. ſt. 1. c. 2. See alſo. Madox's Hiſtory of the Exchequer, p. 27, &c.

(4).

2 Inſt. 31. See alſo W. 1. c. 17.

(5).

On Conſtables, 3.

(6).

4 Inſt. 267.

(7).

2 P. C. 96.

(8).

J. P. 156, b.

(9).

J. P. 201, b.

(10).

3 Keble, 231. Salk. 175. 381. 11 Mod. 215. L. Rav. 1193. 1195.

(11).

Cro. Eliz. 375. where it is ſaid that in the North they had no high conſtables, which appears from Nordens Deſcription, p. 30. to be the caſe in Cornwall.

(12).

He afterwards occurs in 19 H. 7. c. 11. 22 H. 8. c. 23. 24 H. 8. c. 10, &c.

(13).

4 Com. 211. The praepoſitus hundredi, whom the learned author has miſtaken for the high conſtable, ſeems to have been the bailiff of the hundred, as praepoſitus comitatus is the ſheriff, and praepoſitus manerii the bailiff or reve of the manor. Vide Spelman, in voce. The praepoſitus hundredi is frequently mentioned in Domeſday Book.

(14).

1 Com. 355.

(15).

In ſingulis vero hundredis conſtituatur UNUS CAPITA⯑LIS CONSTABULARIUS, ad cujus mandatum omnet jurati ad arma de hundredis ſuis conveniant, & cis ſint intendentes ad fa⯑ciendum ea quae ſpectant ad conſervationem pacis noſtrae.

(16).

Popham, 13. and below, p. 1.

(17).

4 Inſt. 265. His lordſhip here alludes to the opinion of Mr. Lambard, who ſays, "About the beginning of the reign of K. Ed. 3. petty conſtables were deviſed in towns and pariſhes for the aid of the conſtables of the hundred." An opinion which certainly detracts from the character of Mr. Lambard as an induſtrious or judicious antiquary. Lord Bacon, on the contrary, who allows the great antiquity of (petty) conſtables, doubts that the high conſtable was not ab origine, and only introduced for conveniency ſake "when the authority of the juſtices of the peace [who did not exiſt before the firſt year of Edw. 3.] was enlarged by divers ſtatutes." Law Tracts, 181. An idea equally erroneous.

(18).

In ſingulis verò villatis aliis conſtituatur UNUS CON⯑STABULARIUS vel duo, ſecundùm numerum inhabitantium & proviſionem praedictorum.

(19).

See 28 H. c. 10. now repealed, in which we have likewiſe a thirdborough. See alſo Sir T. Smith, Com⯑monwealth of England, 174, and Lambard on Conſtables paſſim.

(20).

1 Ven. 170. It ſhould ſeem, indeed, from Lambard and others, that where there is a conſtable as well as a tyth⯑ingman, headborough, or thirdborough in one and the ſame place, the office of the latter is inferior to that of conſtable. In Shakſpeares comedy of Much ado about Nothing, two of the characters are a "conſtable" and a "headborough;" but, though it is ſufficiently evident that Maſter Dogherry, the con⯑ſtable, takes a great deal more upon him than his "comp [...]t⯑ner." yet as he ſuppoſes himſelf by much the wiſer man, it is not perfectly clear that he was inveſted with any greater degree of authority. It is allowed, however, that where there is only a headborough, thirdborough or tythingman, his of⯑fice does not at all differ from that of conſtable. One is, there⯑for, at a loſs to conceive why the court (Gould J.) ſhould, on the trial of Power for murder (O. B. Sep. 1789), aſk one of the witneſſes, "What are you, a conſtable or a headborough? —A. I am headborough of Aldgate." "Was there any conſta⯑ble in the paſſage at that time?—A. There was not." Since, the arreſt being illegal for want of a warrant, it could make no difference what he was, nor whether any conſtable (ſup⯑poſing Aldgate had both conſtable and headborough) were preſent or not. Sly, the drunken tinker, in the Taming of the Shrow, is threatened by his hoſteſs with the "third⯑borough;" and, the term not being familiar to the London edi⯑tors, got corrupted into headborough, which is evidently in⯑congruous and abſurd; "Third, or fourth, or fifth borough," ſays he, "I'll anſwer him by law." In Loves Labour Loſt, Goodman Dall ſays, he reprehends the duke own perſon, and calls himſelf "his grace's tharborough." Norden, in his Deſcription of Cornwell, p. 30, tells us, that "tythinges have therdbarows, in ſome places hedborows, in ſome borrowſheds, and in the weſte partes a tything man." And Ben Jonſon, in his Tale of a Tub, introduces the "high conſtable of Ken⯑tiſh-town," the "headborough" of Iſlington, the "petty con⯑ſtable" of Hamſtead, the "thirdborough" of Belſiſe, and "the high conſtables man." This thirdborough is ſuppoſed by Blount a corruption of the Sax [...]n freoborg, or freepledge; but, if one may be allowed the conjecture, it [...]s not improba⯑ble, that as the headborough, or chief pledge, was the firſt man of the ten or decenna, and had the ſ [...]q [...]r [...] authority, ſo the firſt man of each of the r [...]maining threes (that is, the firſt, fourth, and ſeventh of the nine) might have had ſome ſubordinate juriſ⯑diction as his aſſiſtants, and hence receive the name of third⯑boroughs. The common pledges were called handbarrows.

(21).

The book of Villa [...]um, in the Exch [...]quer, ſets out all the vills, and there cannot be a conſtablewick created at this lay (unleſs by act of parliament). 1 M [...]d. 13.

(22).

He ſeems to mean conſtables in chap. 16. by gardeins de villes.

(23).

He is ſuppoſed to have been one of king Edward the Firſt's judges, and by him committed to the Fleet. Britton, alſo, is thought to have been a judge, if not a biſhop, in the time of the ſame prince. The Mirror was compiled by one Horne, citizen and chamberlain of London, in the reign of Edward the Second.

(24).

Coll. Madox, Muſ. iii. 285.

(25).

Of thoſe who are conſtables of vills or bailiffs of the king, who have their men with them to attach felons, and cauſe them to give notice beforehand by whom the commands of the king could not be kept in any inſtance; or it may mean, and cauſe them (the felons) to be forewarned (i. e. of the com⯑ing of the juſtices) whereby the kings commands cannot be obſerved, &c.

(26).

Of thoſe who diſturb the conſtables of vills or bailiffs, or other miniſters, that they cannot do their office, as they are charged by the king for keeping the peace of his realm.

(27).

Of ſheriffs, conſtables, or others who ſhall have taken or attached clippers or coiners, ſeiſed with (or poſſeſſed of) the thing clipped (or coined) freſh, or with (or of) unwrought ſilver, and for reward ſhall have let them go, and concealed the attachment.

(28).

Of ſheriffs, conſtables, and bailiffs whomſoever, who ſhall have taken reward for this that they ſhould connive at and feign to attach ſuſpected perſons, or who ſhall have at⯑tached them, whether Chriſtians or Jews, for a light ſuſpicion, and not finding them ſeiſed with the thing clipped, ſhall have let them go for reward.

(29).

Fo. xviii, b.

(30).

See 4 Inſt. 261. It ſhould hence ſeem that at this day a warrant directed to all conſtables generally, cannot be legally executed by the high conſtable within the limits of any petty conſtablery.

(31).

Law Tracts, 181.187.

(32).

3 Keble, 197.230, 231. Freeman, 348.11 Mod. 215.

(33).

To offer advice to the legiſlature may be a pre⯑ſumptuous but is certainly a uſeleſs meaſure. It would, however, leſſen the miſchief which almoſt every act of par⯑liament unintentionally does, if a general ſaving or proviſo were introduced, as is uſual in private acts, whereby every right, law, or cuſtom, not expreſsly taken away or altered by ſuch act, ſhould continue in force.

(34).

That a court created by act of parliament cannot pre⯑ſcribe, nor exerciſe any authority which is not thereby ex⯑preſsly given to them. "How," ſays Holt, "can juſtices of peace make a conſtable, who is an officer at Common Law, and they only by ſtatute?" 12 Mod. 180. See alſo 4 Inſt. 267.

Conſervators of the peace, by the common law, were, 1. in reſpect of their offices; 2. conſtituted for the purpoſe. Thoſe in reſpect of offices were (and ſtill are) 1. the king; 2. the chancellor or keeper of the great ſeal; 3. the lord high ſteward; 4. the lord marſhall; 5. the lord high conſtable; 6. the juſtices of the court of Kings Bench; 7. the lord trea⯑ſurer; 8. the maſter of the Rolls; (N. B. the laſt two are doubtful;) 9. the ſheriff; 10. the coroner; and, 11. the (pet⯑ty) conſtable. Thoſe conſtituted for the purpoſe (and inſtead of whom are the modern juſtices of peace) were, 1. ordinary; 2. extraordinary. The ordinary were, 1. by tenure; 2. by election; 3. by preſcription. Thoſe by tenure were ſuch as held lands of the king by this particular ſervice, amongſt others, of keeping the peace within a particular diſtrict. Thoſe by election were ſuch as were choſen to this office in purſuance of the kings writ by the freeholders in the county court. And thoſe by preſcription were ſuch as claimed this power by im⯑memorial uſage in themſelves, their anceſtors, predeceſſors, or thoſe whoſe eſtate they had in certain lands. The extraordi⯑nary were perſons eſpecially commiſſioned by the king, in times of imminent danger, to take care of and defend a particular diſtrict, and to preſerve the peace within the limits thereof. The general authority of all theſe conſervators was the ſame, being that which the (petty) conſtable has at this day. But none might award proceſs, or take recognizance for the ſurety of the peace, beſide the king, the great officers already named, and judges of record; though all might take ſuch ſurety by obligation. See 2 Hawk. P. C. 43, 44, 45. (new edition) and the authorities there cited.

By 24 G. 2. c. 55. in caſe any perſon, againſt whom a warrant ſhall be iſſued, ſhall eſcape into, or be in any other county, &c. it ſhall be lawful for any juſtice of that county, &c. upon proof on oath of the hand-writing of the juſtice who granted the warrant, to indorſe his name thereon, which ſhall be a ſufficient authority to the perſon bringing the warrant, and all others to whom it was originally directed, to execute the ſame in ſuch other county, &c. But even under this act a conſtable is not compellable to go out of his diſtrict.

This power ſeems to be given to the juſtices of the peace by the ſecond clauſe of their commiſſion: "We have alſo aſ⯑ſigned you, and every two or more of you (of whom, &c.) our juſtices to enquire the truth more fully, by the oath of good and lawful men of the aforeſaid county, . . . of all and all manner of felonies, &c. And alſo of all ſheriffs, bailiffs, ſtewards CONSTABLES, keepers of gaols, and other officers, who in the execution of their offices about the premiſſes, . . . have unduly behaved themſelves . . . or have been . . . care⯑leſs, remiſs, or negligent in our aforeſaid county."

8 Rep. 41. 6.

Such perſons are expreſsly prohibited in Weſtminſter, by 29 G. 2. c. 25.

The following perſons are exempt from being compelled to ſerve this office:

1. Attorneys of the Courts of Kings Bench and Com⯑mon Pleas. (Noy, 112. Cio. Car. 389.)
2. Barriſters (as it ſeems. 1 Mod. 22.
3. The preſident and fellows of the college of phyſicians, in London. (32 H. 8. c. 40.) but no other phyſicians, nor they or others elſewhere. (1 Mod. 22. Vide tamen 1 Sid. 431. 2 Keble 578.)
4. Freemen of the company of ſurgeons of London, examined, approved, and exerciſing the ſcience of ſurgery. (5 H. 8. c. 6. 32 H. 8. c. 42. 18 G. 2. c. 15. and vide Comyns, 312)
5. Free⯑men of the myſtery of barbers of London. (5 H. 8 .c. 6. 32 H. 8. c. 42. 18 G. c. 15.)
6. Diſſenting teachers. (1. W. & M. c. 18.)
7. Apothecaries practiſing in, or within 7 miles of, London, free of the company; or in the country, having ſerved 7 years. (6 & 7 W. 3. c. 4.)
8. The original proprietor of firſt aſſignee of a certificate for proſecuting certain felons to conviction (commonly called a Tyburn ticket) if a pariſh or (as in London) a ward office (within the pariſh or ward in which the felony happened) to be only once uſed. (10 &c 11. W. 3. c. 23). But note, this is no exemption from ſerving the office for a manor, nor, as it ſhould ſeem, for a vill or town⯑ſhip. (2 Bur. 1182.)
9. A parliament mans ſervant. Q. (Mod. 13.)
10. Naturalized foreigners. (5 Bur. 278.)
11. Perſons ſerving in the militia. (26 G. 3. c. 107. § 130) And 12. In Weſtminſter, perſons aged 63. (31 G. 2. c. 17 ^*.) But not perſons being, 1. maſters of arts (5 Viner, 429); nor, 2. Juſtices of the peace in another county (Strange 698.); nor, 3. officers of the guards (1 Lev. 233); nor, 4. officers or watch⯑men of the cuſtom-houſe (1 Sid. 272. 1. Keble 933.); nor, 5. tenants in antient demeſne, (1 Vent. 344.)

This act, in the index to the different editions of Ruſf heads ſtatutes, is refered to as a general law, and yet Mr. Serjeant Running⯑ton the laſt editor, profeſſes to have compiled a new one.

According to Lord Bacon, he was to ſend it to the Exche⯑quer or Chancery, whence proceſs ſhould be awarded to levy the debt, if the peace was broken, L. T. 111.

A watchman hath a double protection of the law, viz. 1. As an aſſiſtant to the conſtable when he is preſent or in the watch. 2. Purely as a watchman ſet by order of law; and the law takes notice of his authority; and the killing of a watchman in the execution of his office is murder, 2 Hale, P. C. 97.

Quare How? He may preſent him, indeed, at the ſeſſions, or leet: but the book ſhould ſeem to imply ſomething more; as the man may be loſt or ſtarved for want of a lodging. Inn⯑keepers are, in ſuch caſe, likewiſe, ſubject to an action for da⯑mages at the ſuit of the party grieved (Godb. 346. Palm. 374. 2 Roll R. 345.) and it is a great pity their inſolence is not now and then corrected by one or other of theſe methods.

†

And ſo may his watchmen, and commit them to cuſtody till the morning, 2 Hale P. C. 98. Br. Faux Impriſon⯑ment, 39. And ſo, in ſhort, may any man. Br. Faux Impriſon⯑ment, 15.

‡

This is to be underſtood of going or riding armed with harneſs and weapons, in an unuſual, warlike and terrific man⯑ner. Every man has by law a right to carry ordinary arms for the defence of his perſon and property, and (if neceſſary) to kill thoſe who offer violence to either.

But he muſt be anſwerable for his deputy upon any miſ⯑carriage; unleſs the deputy is duly allowed and ſworn; for then he is conſtable. Wood, b. 1. c. 7.

†

If they refuſe, the watchmen or keepers may enforce them; or if they go abroad and converſe in company, having any in⯑fectious ſore, they are to be adjudged felons and ſuffer death; or, having no ſore, to be puniſhed as vagabonds, and bound to their good behaviour.

30 G. 3. c. (Annual.)

Gildable is ſuch of a county as is not compriſed within any franchiſe; no other being anciently ſubject to the juriſdic⯑tion of the ſheriff, nor liable to gelds or taxes.

By 12 C. 2. c. 19. any perſon under the warrant of the lord treaſurer, barons of the Exchequer, or chief magiſtrate of the port or place, with the aſſiſtance of a conſtable, may enter in the day-time into any houſe where uncuſtomed goods are ſuſpected to be concealed; and in caſe of reſiſtance, break open houſes, and ſeize and ſecure the goods; and all officers of juſtice are to be aiding and aſſiſting.

By 12 C. 2. c. 23. Gagers ſhall, by night, in the preſence of a conſtable, be permitted, upon requeſt, to enter the houſe, brewhouſe, &c. of any brewer, diſtiller, &c.

And by 13 & 14 C. 2. c. 11. any perſon authorized by writ of aſſiſtance out of the Exchequer, may take a conſtable inhabiting near the place, and in the day-time, enter any houſe, ſhop, &c. and in caſe reſiſtance break open doors, cheſts, &c. to ſeize and bring away any kind of uncuſtomed goods.

But quaere whether a conſtable is obliged to go with the offi⯑cer; or if he ſhould, whether he need do more than look on. The legiſlature ſeems very frequently to confound the conſtable with his ſtaff.

Or rather perſuading them to do ſo; a conſtable has no power to cauſe or force people to work who are unwilling, nor is it fit he ſhould have it. The law knows nothing of beadles.

By 23 G. 3. c. 88. Whoever ſhall be apprehended, and any piſtol, hanger, or other offenſive weapon found upon him, with intent feloniously to aſſault any perſon; or having upon him any picklock, crow, or other implement, with intent felo⯑niously to break and enter into any dwelling-houſe, ſhall be deemed a rogue and vagabond.

This act is every defective; for ſuppoſing an offender who has committed a crime in Middleſex to eſcape from county to county till he gets into Northumberland, the warrant being in⯑dorſed by a magiſtrate of each he paſſes through, whoever car⯑ries the warrant to be laſt indorſed, and by virtue thereof appre⯑hends the offender, muſt perſonally carry either the priſoner or his recognizance back to the original county; and it will not be ſufficient that he deliver either to a conſtable of the next ad⯑joining county, and ſo on; nor, in caſe he does deliver his pri⯑ſoner to ſuch conſtable, will the warrant be any authority to him to carry the body forward. Therefor let the conſtable in any caſe take heed how he acts.

The reaſon given is, that "as at common law the conſta⯑bles were ſubordinate officers to the conſervators of the peace, ſo they are now the proper officers of the juſtices." But the pre⯑miſſes are falſe, and of courſe the concluſion bad: they were conſervators of the peace themſelves.

He ought not to return the warrant, but keep it for his own juſtification.—See 24 G. 1. c. 44.

†

N. B. Although it be ſaid in the pamphlet, entitled, "The Duty of Conſtables, &c." Glouceſter, 1790, that they "as well as other pariſh officers are to take care, as much as in them lies, that the ſabbath be not profaned," the conſtable is no more concerned in preventing ſuch profanation (except in levying the penalty or inflicting puniſhment under the juſtice's warrant) than any other perſon; and as that part of the act (29 C. 2. c. 7.) which makes it penal for a man to exerciſe his trade or calling on (what is called) the Lords day, ſavours a little too much of bigotry and Calviniſm, it will be moſt commend⯑able, and perhaps moſt adviſeable, if he in all ſuch caſes wait for the warrant. What is innocent one day cannot well be criminal another.

*⁎*

Conſtables are uſually ſummoned by the ſheriff to attend at the quarter ſeſſions and aſſizes to make preſentments, &c. which though not warranted by any expreſs law, muſt be allowed a very ancient uſage; but the following practice ſeems to be per⯑fectly unjuſtifiable. The grand inqueſt for the county of Middle⯑ſex, previous to their ſitting, and before they are ſworn, iſſue a warrant, under their hands and ſeals, to the high conſtable, com⯑manding him to ſummon the petty conſtables, who, on making default are preſented by the inqueſt and compelled to appear to the preſentment in the crown office and take a copy of it, which is attended with an expence of between 20 and 30 ſhillings, and here the proceedings uniformly ſtop. And, this is done every term, but ſurely without the privity of the Court of Kings Bench, which can never ſanction ſo illegal and oppreſſive a con⯑duct. No grand jury has the leaſt power by law to require the attendance of a ſingle perſon for any purpoſe whatever, even after it is ſworn, and yet here is one which aſſumes that power even before it exiſts. The warrant is ſent to the high conſtable, who is no officer of the Court of the Kings Bench, and has no buſineſs to obey it. And yet if any one thus irregularly called upon does not appear he will be ſubject to the above fine in the crown-office. For though the court would doubtleſs quaſh the preſentment, yet the getting it quaſhed would coſt him a great deal more: he is therefor obliged to ſubmit to an unconſtitu⯑tional and oppreſſive meaſure, becauſe the remedy is worſe than the diſeaſe. See the warrant in the Complete Conſtable, 1725. p. 149. If it be neceſſary for the conſtables to make their pre⯑ſentments to the grand inqueſt, the court of Kings Bench ſhould iſſue its writ for that purpoſe to the ſheriff.

But then, as has been already obſerved, he muſt be acting in his own diſtrict or diviſion. For if the conſtable of A. come into the vill of B. to ſuppreſs any diſorder, and in the tumult be killed, this is only manſlaughter, becauſe he had no authority in B. 1. Hale P. C. 459. The conſtable of St. Margarets pariſh in Weſtminſter, having a ſearch warrant directed to the conſta⯑bles of that pariſh, came into the pariſh of St. Paul, Covent-Garden, and took a woman in the ſtreet near the theatre, and carried her to the round-houſe; where he was aſſaulted and killed by ſome who wanted to reſcue her; and this killing ad⯑judged only manſlaughter: 1. Becauſe it was a ſudden action without precedent malice. 2. Becauſe the conſtable had no au⯑thority at all in Covent-Garden; nor, ſuppoſing he had any, was the woman guilty of any diſorderly act; and it is not a conſtables ſuſpecting that will juſtify his taking up any perſon, but it muſt be juſt grounds of ſuſpicion; and it would be hard that the liberty of the ſubject ſhould depend on the will of the conſtable, or his not liking a womans looks be any cauſe of ſuſpicion. 3. The priſoners had a ſufficient provocation; for it one be impriſoned upon an unlawful authority, it is a ſuffi⯑cient provocation to all people out of compaſſion, much more when it is done under a colour of juſtice; and WHERE THE LIBERTY OF THE SUBJECT IS INVADED, IT IS A PROVOCATION TO ALL THE SUBJECTS IN ENG⯑LAND. (By HOLT, C. J.) 2 L. Ray. 1300, 1301.

There are other inſtances of a conſtable, or his aſſiſtant, being killed, where he has been too officiously or imprudently, becauſe ignorantly acting as ſuch, and exerciſing an authority not given him by law; which of courſe will in ſuch caſe afford him no more protection than a common man. See the trial of Wil⯑liam Power for the wilful murder of John Wilkinſon, Seſſions paper, 1788-9. p. 820, where Gould, J. having conſulted two of his brethren, in directing the jury, ſaid, ‘the thing being over, it was unwarrantable in theſe people to ſeize this man thus quiet, without having an authority from a juſtice of peace; he was therefore illegally aſſaulted and arreſted by theſe men: when a man therefore is deprived of his liberty, and does an act that cauſes the death of the aſſailant in any manner whatever, certainly by law it reduces the offence to manſlaughter:’ and ſo of courſe the jury found. The de⯑ceaſed had ſent for the conſtable, and given him charge of the priſoner, for having drawn a knife on him twice, and threaten⯑ing his life, and in helping the conſtable to force him away, was unfortunately ſtabbed. See alſo Leaches Caſes in Crown Law, 211. Theſe little accidents ſhould operate to make every con⯑ſtable more familiar with his actual powers, which, wherever there may be danger, he ought always, for his greater ſecurity, to execute with ſufficient aſſiſtance or properly armed; ſince the hanging of his murderer (though it be all the law can do) will hardly reſtore him to life, or recompence his family for his loſs; let him therefor learn to protect himſelf; and let others, alſo, when he is uſurping an illegal authority, be taught to protect themſelves againſt him.

At preſent, by 29 G. 2. c. 25. the Weſtminſter conſta⯑bles are to be appointed out of the different pariſhes, for the whole city and liberty. In London, alſo, by ancient cuſtom, the conſtables, though appointed in particular wards (of which there are twenty-ſix) have power to ſerve warrants and execute their office throughout the city.

Note, The above act extends only to actions of tort: and therefor where an action for money had and received was brought againſt an officer who had levyed money on a convic⯑tion by a juſtice of the peace, the conviction having been quaſhed, it was holden, that a demand of a copy of the warrant was not neceſſary. Bullers N. P. 24. And although this act may afford the conſtable protection in a civil ſuit, yet if the warrant be plainly illegal, as, for inſtance, to apprehend a man for adultery or inceſt, it ſeems the party may legally reſiſt, and if in defence of his li⯑berty he kill the conſtable, ſuch killing is not murder; but if on the other hand the conſtable ſhould kill him, he ſhall be ad⯑judged guilty of murder.

☞ Of the above deſcription, perhaps, are the warrants put into the hands of an uninformed conſtable, who ſup⯑poſes every thing to be legal which comes from a juſtice of peace, who may poſſibly at the ſame time be as ignorant as himſelf, for the ſearching after and IMPRESSING OF SEA⯑MEN; a practice in direct violation of every conſtitutional princi⯑ple, and certainly unſupported by any poſitive law. Let the conſtable therefor who too officiously engages in a buſineſs ſo de⯑ſervedly unpopular, ſeriously reflect of the riſk he runs; let him dread the conſequences of a ſpirited reſiſtance. He murders if he kill; it is juſtifiable homicide, or at moſt manſlaughter, if he be killed. The law, very properly, encourages and invites all men to repreſs an act of illegality and violence, and the rather, as we have juſt ſeen, if it be done under colour of juſtice. See the caſe already cited in Lord Raymonds Reports; and that of Hop⯑kins Hugget, in Sir John Kelyngs: Caſes of much greater conſequence and authority than the flimſy reaſoning uſed in de⯑fence of preſs-warrants. Obſerve alſo what is ſaid by Lord Hale on this ſubject, in his Hiſtory of the Pleas of the Crown; and conſider whether the life, liberty, and happineſs of the ſubject are to be blown away by an inſidious ſide-winded act of parlia⯑ment. It is no place here to enter into a diſcuſſion of the arguments uſed by Sir Michael Forſter and Mr. Butler on this ſubject, which, however, might be eaſily refuted upon the moſt ſolid and legal, as well as conſtitutional, principles. The practice is very far from ancient, but were it ever ſo, ‘NO DEGREE OF ANTIQUITY CAN GIVE SANCTION TO A USAGE BAD IN ITSELF.’ 3 Bur. 1767.

It is ſaid in 5 Mod. 96. that a conſtable may be fined by the leet, but not by the ſeſſions; conſidering him, it ſhould ſeem, as an officer of the former court, in which he is elected, and not of the latter. And it is to be obſerved that the commiſſion of the peace gives the juſtices power to enquire of the misbehaviour of conſtables by good and lawful men, and not to puniſh them in a ſummary way. Ideo quaere. And vide Gib. 192.

†

And, per Wilmot J. though without a poſitive charge. The principle of this doctrine is not altogether apparent. The watch are by law aſſiſtants to the conſtable, not the conſtable ſervant to the watch. The watchman may be drunk, the charge frivolous, (as that in the caſe was for "walking the ſtreets to pick up men,)" or the like. The only reaſon for charging the conſtable ſeems to be the actual offence of the party; not the bare delivery by the watchman. In many caſes, as affrays for inſtance, or even a ſuppoſed felony, he may lawfully diſcharge his priſoner, whether arreſted by himſelf or others; and why not a man taken by the watch? It is nevertheleſs a perilous privilege, and ought to be cantiously exerciſed. But to ſay he ſhall in no caſe whatever uſe his diſcretion ſeems too much.

Both he and the juſtice ought rather to be ſent thither, for putting ſo ridiculous an act into execution. It muſt be confeſſed however that the pious editor of "The Duty of Conſtables," Gloceſter, 1790, is of a very different opinion; for, ſays he. "This vice, which is a ſcandal to a chriſtian country, a due exer⯑tion of your office might prove the means of checking, and by degrees that reformation may be produced by the fear of puniſh⯑ment, which the commands of the Supreme Being, alas! are too weak to effect."—Alas! and if a man were to ſtand curſing and ſwearing for a day together, who (except himſelf) would be the worſe for it? If the Supreme Being have prohibited this practice (which remains to be proved) he will undoubtedly adapt a fit puniſhment to it in another ſtate. The only object of criminal law is to prevent offences injurious to a ſociety; a deſcription within which a few ridiculous and inſenſible phraſes can never fall. Bigots always confound ſins with crimes, though no two things can be more eſſentially different.

In Weſtminſter a high conſtable is to be elected annually, and is not to [...] for more than three years together. 29 G. 2. c. 25.

The drawer of this act has thought proper to uſe the terms "conſtable" and "petty conſtable;" which is juſt as abſurb as it would be to ſpeak of the "jury" and "petty jury;" as if the petty conſtable were the deputy or officer of the high conſtable.

The high conſtable (as has been elſewhere mentioned) is generally but ignorantly ſuppoſed to have, and in fact frequently found to aſſume a degree of authority over thoſe who are called petty conſtables, which is not given him by law. For although ſome acts of parliament have impowered the juſtices to direct their warrants to him, commanding him to iſſue his precepts to the conſtables, who are ſubjected to a penalty for diſobeying them, yet even this gives him no authority, his office being ſimply mi⯑niſterial. And in all caſes where the juſtices make out ſuch gene⯑ral warrant, not being empowered thereto by expreſs ſtatute, it is conceived that the conſtables, in diſobeying the precepts of the conſtable of the hundred, are not liable to puniſhment; not⯑withſtanding any "faulty precedent in Burn." See the In⯑troduction, and Bacons Law Tracts, p. 187. and 1 Burns Juſtice, 397.

By 39 Eliz. c. 4. ſince repealed.

†

See 43 Eliz. c. 3. §§ 8.13.

‡

This idea of preſſing the wife for the huſband is the ſub⯑ject of a humorous old ſong (latinized by Bold) beginning "I am a cunning conſtable, &c." of which the ſecond ſtanza is as follows:

Ho! who's at home? Lo! here am I!
Good morrow, neighbour. Welcom, ſir.
Where is your huſband? Why truly
He's gone abroad, a journey far.
Do you not know when he comes back?
See how theſe cowards fly for life!
The king for ſouldiers muſt not lack;
If I miſs the man, I'll take the wife.

The preſs for ſoldiers has now given place to the equally il⯑legal and much more infamous one for ſeamen. The former was carried on under a form or colour of law, but the latter is executed by a gang of lawleſs ruffians.

It was then in Latin.

(1).

C. 28. After which it does not appear again till the 4 E. 4. c. 1. See alſo 12 E. 4. c. 9.

(2).

Spelmans Gloſſary, v. Leta.

(3).

Spelman, v. Folkeſmote. Kennets Parochial Antiquities, Gloſ. v. Falmote.

(4).

Of theſe pledges the eldeſt, or moſt reſpectable, and firſt ſworn, was called the headborough or chief pledge, and had a degree of authority over the reſt, not now exactly aſcertained. It was, however, in all probabi⯑lity, much the ſame with that of the conſtable, who was formerly a character of great conſequence, and is to this day in many places called the headborough, a word, which, according to Sir William Blackſtone, (too implicitly following Sir Thomas Smith) beſpeaks its own etymology, and means "the diſcreeteſt perſon in the borough." Great lawyers, how⯑ever, are ſometimes indifferent etymologiſts: the word, in fact, implys nothing more or leſs than the chief pledge, from borg, borh, or borhoe, fidejuſſor, a pledge or ſurety. He was alſo called the borſalder (borges [...]alder) (i. e. the eldeſt of the pledges, and the tithing man.) Both tithing man and borſholder are to be found in modern ſtatutes as ſynonimous with conſtable and headborough. But at what period the conſtable became a diſtinct officer, and the chief pledges were metamorphoſed into a grand jury, is a point which muſt be left to a more ſucceſsful enquirer.

(5).

Ingulphus. W. Malmeſbur. Rob. Glouc. Lambard (on Con⯑ſtables). 8. 2 Inſt. 73. 1 Roll. R. 73. 2 Hale P. C. 75. Sir W. Temples works, (8vo.) III. 133.

(6).

32 H. 8. c. 13. 33 H. 8. cc. 6. 9. 2 & 3 P. & M. c. 8. 4 & 5 P. & M. c. 3. 18 Eliz. c. 10. 1 Ja. 1. c. 22. 21. Ja. 1. c. 21. Dyer. 30. b. Bacons Law Tracts. 115. Sir T. Smiths Commonwealth of England. p. 156. See alſo 1 E. 4. c. 2. In Othello act 3. ſc. 3. Iago aſks

—Who has a breaſt ſo pure,
But ſome uncleanly apprehenſions
Keep Leets and Lawdays, and in ſeſſions ſit
With meditations lawful?

Shakſpeare mentions the Leet, in another play, quoted below, p. 11. He had poſſibly ſerved the office of an aletaſter, at Stratford; or might indeed have got his information by attending the court when his father was Bailiff.

(7).

7 H, 6. 12, b. 1 Roll. R. 73.

(8).

3 Bur. 1860.

(9).

Vide Spelman v. Manerium. The poſition uſed by Fineux in 12 H. 7. 15. that the Leet is derived out of the Sheriffs Tourn is not intitled to any particular notice, being a mere unſupported dictum; to which neither Lord Cokes adoption (2 Inſt. 71.) nor that of Lord Mansfield, (3 Bur. 1860.) can add any weight. Much matter and many authorities muſt be ſacrificed throughout this little enquiry for the ſake of brevity. As to the reſt, the word Leet, though generally appropriated to the court of a manor, has in fact nothing eſſentially diſtinct from the Tourn, but the being upon a ſmaller ſcale. (See, however, Britton. c. 29. 44 E. 3. 9. 1 E. 4. c. 2.) Thoſe writers therefor who ſuppoſe the Leet of a hundred or manor inferior to or ſubject to the controul of the Tourn or Leet of the County are egregiously miſtaken: the juriſdiction of the latter being con⯑fined to ſo much of the county or hundred as is not compriſed within the precinct of the manor. See 4 Inſt. 261: It is indeed repeatedly ſaid in our old books that things of which the Leet (of a manor, that is) omits to enquire ſhall be enquired of in the Tourn: which may well be; and the reaſon is that the lord has forfeited his leet for the time, quoad the parti⯑cular object: it being very clear that, when the Leet of a manor is by any means loſt the reſiants owe ſuit to the tourn, and that although they ſhould be within a hundred in the hands of a private perſon.

(10).

Mirror, paſſim. Finch's Law. 248. See alſo Kennets P. A. 319.

(11).

1 Jones. 283. 4. Inſt. 265. Scroggs. 33. By 1 Ja. 1. c. 5. he is prohibited form taking to the value of 12d. for his own uſe, by colour of any grant of the profits of this court.

(12).

10 H. 6. 7.

(13).

4 Inſt. 263.

(14).

7 H. 6. 12, b. 10 H. 6. 7. Dye [...], 233. b. 8 Rep. 38, &c. Cro. Eliz. 581. Moor. 470. Ray. 68.

(15).

21 H. 7. 32. Cromp. J. P. 130, b. Owen. 113.

(16).

7 H. 6. 12, b.

(17).

Br. Leete. 14. 24. This power muſt, however, be confined to thoſe courts in which it is the uſage to ſwear and diſcharge the Jury in the courſe of the day, as the ſtranger is ſuppoſed to have no opportunity of marching off.

(18).

See Magna Charta. c. 35. Br. Leete. 23. 2 Inſt. 72. 6 H. 7. 2. Keilwey. 148. Br. Leete. 21. 32. 1 Roll R. 201. and 2 Leo. pl. 31.

(19).

8 H. 7. 3. Br. Court Baron 8. Owen 35.

(20).

Raſtalls Entries. 151.

(21).

Spelman v. Mallobergium. Kennets Parochial Antiquities Gloſ. v. Franciplegium. It is a curious illuſtration of the above principle that the Juſtices itinerant in the time of Edward the firſt, ſat at the ſtone croſs (oppoſite the Biſhop of Worceſters houſe, now Somerſet Place) in the Strand. This venerable monument, which was even then ancient (Pat. 4 E. 2. pl. 2. m. 15. d.) is mentioned by Stow as ſtanding headleſs in 1598. The Juſtices, probably in bad weather, ſometimes ſat in the biſhops houſe; as the Steward or Bailiff of a Leet would for the ſame reaſon occaſionally do in the church, where, notwithſtanding a canon (1 Burn E. L. 361) it is in many places ſtill held.

(22).

52 H. 3. c. 10. 2 Inſt. 120. 121. Britton. c. 29. Fleta l. 2. c. 52. 7 E. 2. 204. 8 E. 2. 276. 277. 12 H. 7. 15. Br. Incidents. 28. Brownlow. 185. Mirror. c. 1. § 17. Keilwey. 141.

(23).

4 Inſt. 265. 1 Salk. 175. &c.

(24).

11 G. 1. c. 4. How the mayor of a corporation comes to be elected in this court, by the burgage holders, ſuitors to the court baron, is a paradox which the editor is unable to ſolve.

(25).

In general it will be found that the objects of this juriſdiction are the beſt part of our criminal juriſprudence; moſt of them abiding the teſt to which all prohibited or puniſhable acts ſhould be ſubmitted—the in⯑ [...]ury of ſociety:—a manifeſt proof of the ſuperior excellence of the common [...]aw! The application of the above touchſtone cannot be too earneſtly recommended, as it is a very eaſy matter for a capricious and unthinking legiſlator to brand an indifferent action with the name of a crime; and to puniſh it as ſeverely as if it actually were one.

(26).

See p. 4.

(27).

In which caſe the firſt jurors, if ſound perjured, ſhall amerced. Mirror, c. 1. § 17. 17 E. 2. 520. 521. Cuſtome. 1. Br. Cuſtomes. 3. See alſo 33 H. 8. c. 6. and 1 Eliz. c. 17. § 10. If the jury ſhould refuſe to make a preſentment according to their oath, each of them may be fined [...] the diſcretion of the Steward for their concealment and contempt. Dyer, 211, b. 11 Rep. 41. And ſo if any one either refuſe to give his [...]erdict, or depart without giving it, or give it before all are agreed, he [...]hall be fined. 8 Rep. 38, b. 40 Aſſ. 10. 1 Roll. A. 219.

(28).

10 E. 3. 5. 45 E. 3. 8. Aſſ. 442. Barre, 271. Br. Leete. 7. [...]. Preſentments in courts, 1. 15. Br. Traverſe d'office, 42. Keilwey, 66. 141. 19. H. 8. 11. Dyer, 13, b. Finch, L. 368. Freeman, 339.— Hi [...] P. C. 153. 155. 2 Keble 50. 3 Keble 646. 1 Hawk. P. C. 217. 217 2 Hawk. P. C. 60. 71. Comb. 76. Woods Inſt. 486. 4 Black. Co [...] 301.

(29).

That is judgement of amerciament; Ideo in miſericordia, or am [...] ⯑ciatur; therefor he is in mercy or amerced. We have no other than th [...] equivocal term (mercy) to expreſs the Latin word miſericordia: but [...] uſe it in the ſame ſenſe when we ſay ſuch a one is at anothers mercy though it is not ſuppoſed he will have any mercy upon him. The King Mercy is, in old ſtatutes, frequently termed grievous; an idea worthy [...] a tyrant!

(30).

Mirror, c. 5. § 1.

(31).

c. 14. See alſo W: 1. c. 6. And that theſe ſtatutes were in thi [...] particular but an affirmation of the common law, ſec 8 Rep. 39, [...] 2 Inſt. 27.

(32).

Mirror, c. 5. § 1. Br. Amerciament 50. Keilwey 65. 8 Rep. [...] Cro. Car. 275. 2. Keble 613. 1 Salk. 56. Show. 62. 3 Lev. 206. Th [...] old uſage was for the affeerers to mark the ſum at which they aſſeſſed [...] perſons amerciament ſuper caput; that is, immediately over his name Many inſtances of this practice occur among the Precedents in Kitch [...] &c. But the modern and better method is to add after the words, "And therefor he is amerced," the following; "And his amerciament is affee [...] by M. N. and N. M. ſworn affeerers thereof, at the ſum of 6s. 8d." [...] there is ſometimes occaſion to ſet forth the names of the affeerers i [...] pleading.

(33).

Br. Diſtreſſe. 20. 40. 45. 72. 8 Rep. 41. Sav. 94

(34).

Moore. 574. 607. Cro. Eliz. 698. 748. Carth. 75.

(35).

Fines and amerciaments impoſed at Courts Leet, of which the per⯑quiſites belong to the Crown, are uſually levyed by proceſs of Levari Fa⯑ [...]ia [...], &c. from the Exchequer (Hard. 471.); and thoſe ſet at Courts of which the king is lord in right of his Duchy of Lancaſter by a ſimilar proceſs out of the Duchy Court. Another remedy is by action of debt Keilwey. 66. Br. Leete. 37. Br. Ley Gager. 99. Br. Dette. 179. Raſ⯑ [...]all, Dette. 151. Bul. Ni. Pri. 167.

Other puniſhments there are which may be lawfully inflicted by the Leet in reſpect of the miſdemeanors and offences there inquirable: as the [...]ILLORY and TUMBREL for knaviſh bakers and brewers (51 H. 3. ſt. 1. [...]t. 6. Raſtall, Leet. Br. Quo War. Keilwey, 139, b. Kitchin. 24. Cro. Eliz. 698. 13 R. 2. ſt. 1. c. 8.); the STOCKS^* for drunkards (4 J. c. 5.); and the DUCKING (or cucking) STOOL^† for a common ſcold (Kitchin. [...]3. 1. Jones. 283. 1 Hawk. P. C. 200). Nuiſances likewiſe may be either abated by the proper officer, or made removable by the party within a given time upon a pain (Br. Leete. 37. 2. Keble, 613. Lane, 51). For⯑feitures or penalties alſo, impoſed by act of parliament upon offences in⯑quirable in this court, are ipſo facto incurred by the preſentment, and re⯑quire no affeerment, but muſt be recovered by action, or ſuch other means as the act itſelf may preſcribe.

For relief of the inqueſt certain branches of their duty have been com⯑mitted to the care of inferior officers; as the breach of aſſize, falſe weights and meaſures, unwholeſome drink, &c. to the ALECONNERS^‡; corrupt victuals, to the FLESHTASTERS; and vagrancy, noctivagancy, diſ⯑orderly houſes, &c. to the CONSTABLE. Theſe officers, therefor, are [...] return ſuch offences to the court; upon which returns the Jury themſelv [...] muſt preſent the offenders: it being, in the words of an ancient writer, "an abuſe to amerce any man by a preſentment of leſs than twelve free⯑men ſworn." Mirror, c. 5. § 1. See alſo 3 Keble. 362. It is however ſaid that preſentments of conſtables at the Seſſions (and, of courſe, it [...] preſumed, in the Leet) ſhall be as good and available as a preſentment made by 12 men. Fitz J. P. 6.

The ſtocks, beſides being the conſtables priſon, were anciently uſed for puniſhing offenders, of what deſcription does not appear. Raſtell. 425, b. Kitchin. 24. 43. And ſee 12 R. c. 7. and 19 H. 7. c. 12. (now rep. or obſ.) whereby beggars, vagabonds, &c. are to be ſet in the ſtocks.

†

Sax. Scealſing-ſtol, i. e. diving ſtool. Cucking ſeems a ridiculous word made to expreſs the imperfect utterance occaſioned by immerſion; e. g. cuc, cuc. Inſtead of a ducking-ſtool, they, in ſome places, make uſe of a curious iron machine called a ſcolding bridle.

‡

From Al and cunnere, Sax. q. d. cerviſiae tentator.

(36).

The elucidation of this circumſtance would form a curious if not an intereſting article; but could not be eaſily compreſſed within the com⯑paſs of a note; and, in fact, belongs more properly to a different work.

(37).

Benthams Introduction, p. clxxvi. It ſhould be obſerved, how⯑ever, that the King valued himſelf. Friend Panurge did not think King Anarchus worth quite ſo much, when he made him a cryer of green ſauce.

(38).

Spelman v. Felo. Wilkins, LL. Sax. 304. In fact there is a [...] ordinance to this effect among the laws of Canute. William the conqueror, conſidering puniſhment by death as too lenient and merciful, ordered of⯑fenders to be mutilated: Eruantur oculi & abſcindantur pedes vel teſti⯑culae vel manus, &c. Neither does the law of Henry I. appear to have been invariably obſerved, if indeed it were not actually repealed. See Mr. Reeves's learned, accurate, and intereſting Hiſtory of the Engliſh Law. Vol. I. pp. 16. 33. 193. Glanville, after enumerating high-treaſon, the concealment of treaſure-trove, pleas of the kings peace broken, homi⯑cide, arſon, robbery, rape, forgery, and the like, adds, which crimes are puniſhed by death (ultimo ſupplicio) or mutilation (memb [...]o [...]um trun⯑catione). l. 1. c. 1.

(39).

This ſecond jury was originally, and for many years, conſidered merely as witneſſes. See an excellent account of this inſtitution in the valuable work juſt quoted.

(40).

Dr. Hickes thought that Juſtices itinerant were originally inſti⯑tuted by Henry II. (Diſ. Epiſ. p. 8. 48.) But Mr. Madox has pro⯑duced evidence of their exiſtence in the reign of King Stephen (Hiſt. Ex. p. 100).

(41).

In aid of Eyres, ſays the Mirror, are turns of Sheriffs neceſſary and views of frankpledge, and when that good men at ſuch inqueſts in⯑dicted [any] of mortal ſin, Kings uſed to deſtroy [them] without anſwer, which uſages ſtill remain in Germany; but by warrant of pity and of mercy, and for that the frailty of man cannot be held from ſining, it is accorded that no one appealed or indicted be deſtroyed without anſwer. c. 2. f. 3. The more general mode, however, of proceeding againſt cri⯑minals was by appeal, the conſequence of which was either duel or purga⯑tion (if a freeman) by fire (per ferrum callidum), or (if a ruſtic) by water: death or mutilation and baniſhment awaiting the unſucceſsful. And it muſt be confeſſed that by Conſtitutions of Clarendon (to which it is poſſible the Mirror may allude) it ſhould ſeem as if the party indicted by the inqueſt of a Leet would have been ſubjected to the ſame purgation. Wilkins, LL. Sax. c. 330. Hiſt. of the Engliſh Law, i. 193. See alſo Glanville. l. 4. cc. 1. 3. The ſubject, which is ſingularly perplexed and obſcure, both demands and deſerves the moſt copious and minute inveſ⯑tigation from the learned and ſagacious antiquary. But this is not the age of a Spelman, a Selden, or a Hickes.

(42).

No Sheriff, Conſtable, Coroner, or other our Bailiffs, ſhall hold pleas of our crown. c. 17. And whether they did ſo became an article of enquiry at the Eyre. And yet in a writ iſſued in 18 H. 3. for the inter⯑pretation of another clauſe in this Charter, it is expreſsly admitted that pleas of the Crown might be held at the Hundred and Wapentake courts, "niſi ita ſit quod ad Hundreda illa et Wapentakia, fieri debet inquiſiti [...] DE PLACITIS CORONAE, ſicut de morte hominis, theſauro invento et hujuſ⯑modi." Prynnes Animadverſions. 190. In ſhort, it is very well known that both Sheriff and Coroner have held pleas of the crown ever ſince the granting of the great charter, and do ſo at this day. It appears, however, from Glanville, that the crime of theft, at that time, belonged wholly to the Sheriff, and was to be pleaded and determined in the county court. And that he had alſo cogniſance of medleys (or affrays), batteries, and wounds, unleſs where the addition was made, of the Kings peace broken. (l. 1. c. 1. l. 4. c. 8.) Theſe, therefor, one might think, were the plea [...] of the crown taken away by Magna Charta; that is, the criminal juriſdiction of the county court; if it did not appear both from Fleta (l. 1. c. 47.) and Hengham (Magna, c. 2.) that ſuch ſort of pleas were ſtill held by the Sheriff. In any caſe it is nothing to the Leet.

(43).

Lete & Hundr. 10 Br. Leete 22.

(44).

41 E. 3. pl. 30. A doubt is ſuggeſted in 9 H. 6. 44. whether the Leet can enquire of high treaſon, and an opinion given in Br. Ley Gager. 99. againſt its power; but this, as my lord Coke obſerves on a ſimilar occaſion, happened "for want of the knowlege of antiquity." See 2 Inſt. 72. It is a no leſs extraordinary dictum in Dyer, 233, b. that an indict⯑ment of aſſault and battery found in the Leet, without blood ſhed, is void; the principal caſe being a fine for an aſſault, in diſturbance and contempt of the Court. He might poſſibly allude to the book caſe of 8 E. 4. 5. which by no means ſupports his doctrine; as the plaintiff, whoſe counſel makes that allegation, took nothing by his writ.

(45).

Tourne de Viſcount. 5. Lete & Hundr'. 3. Br. Leete. 26. &c. &c.

(46).

W. 1. (3 E. 1.) c. 13.

(47).

Vide the following ſummary in the margin.

(48).

Bullers Niſi Prius. 32. If indeed the ſtatute of W. 1. operated a an alteration of the common law, and was not virtually repealed by that of W. 2. (13 E. 1. ſt. 1.) c. 34. it would ſeem to follow that Rape cannot be enquired of at all in the Leet, either as felony or treſpaſs.

(49).

11 Rep. 43, b. 1 Roll Rep. 35. 74.

(50).

W. 2. c. 13. 13 H. 4. 12. 10 H. 6. 7. 21 H. 7. 32. Cromp. J. P 92, b. Owen, 113. Poſſibly, however, lord Coke meant to con⯑fine the diſability of impriſoning to offences preſented and puniſhable in the Leet; which (except in the caſe of bakers, &c.) can only be puniſhed by amerciament: The reaſon whereof is, that this Court was eſtabliſhed long before impriſonment was adopted as a mode of puniſhment. And, indeed, how far any other court was authoriſed to inflict it, by the com⯑mon law, might have been once a queſtion.

(51).

3 Burr. 1864.

(52).

It was the ſame great character who decided, in oppoſition to the united authority of ages (ſee before, p. xi.), or rather to the law itſelf, that a preſentment in the Leet of a common offence is liable to be traverſed. But, in ſhort, it ſeems to have been the leading principle of his long life and continuance on the bench to unſettle that law, of which the chief, and, too often, the only merit is its certainty.

(53).

4 Black. Com. 274.

(54).

3 Burr. 1864.

(55).

4 Black. Com. 274.

(56).

4 Black. Com. 281.

(57).

It is a notorious fact that many of theſe gentlemen, particularly in and about the metropolis, act ſolely for the ſake of the emoluments of their office, whence the odious appellation of trading juſtices. And, though they are ſworn to ſend the fines, &c. that happen before them to [...]he Exchequer, for which, in certain caſes, other funds have been ſu [...]ſti⯑ [...]ted by act of parliament, it appears from a late enquiry, that ſome of [...]hem, at leaſt, think it better policy to put what they get into their own [...]ockets; but one can never believe that men ſo very honorable keep in pay [...] gang of vile informers, much leſs that they will now and then convict [...]n innocent man for the ſake of the penalty. His Majeſtys Attorney Ge⯑neral ſhould look a little into this buſineſs; which he undoubtedly will [...]o—if he be well paid for it.

(58).

Trial per pares (by ones equals) is not only a more ancient but a [...]o [...]e proper phraſe than trial by Jury; as it is by no means neceſſary, in [...]ompliance with a relique, whether of Chriſtian or of Pagan ſuperſtition, [...]at men ſhould either in this or in any other caſe [...]e upon oath. The [...]i [...]ors of the Court Baron, like the Peers in Parliament, are never ſworn.

(59).

In caſes of felony, the party is, upon his plea of not guilty, inſtantly put upon his trial. In miſdemeanors he is required to find ſurety for trying his traverſe at the next ſeſſions at his own expence; the conſequence [...] which is, that if he have neither money nor friends he muſt remain in j [...] untryed, and is of courſe in a much worſe ſituation than the more heino [...] offender. The editor has on ſuch an occaſion known the worſhipful be [...] perſuade the defendant to retract his plea and confeſs himſelf GUILTY and thus enable them to inflict what ſome might conceive under ſuch cir⯑cumſtances a not very ſlight or trifling puniſhment for what in fact was [...] an indictable matter. But then they got rid of an aukward buſineſs, and ſuch ſort of people are ſeldom known to complain, and much ſeldomer to obtain redreſs. It is indeed frequently an object to be convicted; ſince even the honour of an acquittal, as Mr. Bearcroft told the jury in Steward v. Powler (K. B. Sittings after M. T. 1790), had coſt his client, a p [...] ⯑porter, no leſs than eight pounds. The trial of Mr. Haſtings, let the eve [...] be what it will, is expected to coſt him not leſs than one hundred thouſand▪

(60).

If the excellence of municipal law conſiſt in the number and ad⯑vantages of thoſe who make it a profeſſion, then undoubtedly the mo [...] voluminous, obſcure, perplexed, unintelligible, and inconſiſtent it is, the more, in ſhort, matter is ſacrificed to form, and ſimplicity to complexed⯑neſs, the nearer it will approach to perfection; a point to which Engliſh juriſprudence ſeems in a fair way to arrive. "Happy the nation," [...] claims the enlightened Beccaria, "where the knowlege of the law is not ſcience!" Where the people, not "being ignorant of the conſequences of their own actions," do not "become neceſſ [...]ly dependent on a few who are the interpreters of the laws, which inſtead of being public and general are thus rendered private and particular!"

(61).

It is the practice of the Court of Kings Bench, and thence of the Judges of Oyer and Terminer and ja [...]l-delivery, and of the court of Quarter Seſſions, to aſſeſs an arbitrary Fine upon perſons convicted of certain offences in thoſe courts, and compel the payment thereof upon pa [...]n of [...]mpriſonment for li [...]e; which in fact is frequently the conſequence. How far ſuch a practice is reconcileable to the libe [...]ty of the ſubject, to the principles of the conſtitution, to the law of the land, and in particular to [...]he 14th chapter of MAGNA CHARTA, is ſubmitted to the honorable and worſhipful magiſtrates concerned. See alſo 4 Black. Com. 378. In the mean time, it ſeems of very little importance, when contending with the Crown, by whom a man is tryed, if the meaſure of his puniſhment is to [...]e le [...]t to the DISCRETION of the Kings miniſters. This is obvious in [...]lmoſt every thing that comes in a criminal way before a certain court; of which the judges ſeem as glad to get a culp [...]it into their clutches as the [...]urr'd law cats of Rabelais: Perſonne n'eſchappe de cea [...]s ſans y laiſſ [...] du [...]til, or ça, ou de la peau le plus ſouvent, or ça. Pantagruel. l. [...]. c. 13.

(62).

See 4 Black. Com. 363. N.B. All the references to this wor [...] are to the 8vo. edition of 1778

The reader muſt not, from any thing here ſuggeſted, collect an opini [...] that a man ſhould be hanged upon the ſecret enquiry and ba [...]e preſentment of a Grand Jury. The evidence ought in all caſes to be publicly take [...] and as well for the accuſed as for the crown. (See 2 Hale P. C. 157. St [...] Trials, iv. 183.) Add to this, that to put a man to death, by form [...] law, for any c [...]me or upon any pretence whatever, is nothing more or [...] than a cool and deliberate MURDER; which no neceſſity can require, and which an irrational prejudice in favour of ancient barbariſm, a cal [...] magiſtracy, and an indolent, unfeeling legiſlature, will never juſtify. Th [...] magiſtrate, indeed, hardened as he is, may be in ſome meaſure excuſable ſince he ſtudies in a ſchool where even murder will appear an act of gen⯑tleneſs and humanity when contraſted with the more than ſavage barbarit [...] of a ſyſtem he is taught to admire as the perfection of human juriſpru⯑dence. In HIGH TREASON, this mildeſt and moſt boaſted of crimi [...] codes, adjudges a virtuous, perhaps, and moſt amiable character,—wh [...] has offended no moral or ſocial duty,—who has been guilty only of ad⯑hering with a laudable fidelity to the cauſe of an unfortunate ſovereign,— of prefering, at the worſt, the title of a tyrant without power to that [...] one in poſſeſſion of it,—or of ſpeculating in his cloſet upon the title [...] tyran [...]s in general^*,—to be drawn,—originally naked with his feet tyed to a horſes tail,—afterward on an oxes hide,—and laſtly (it may be curio [...] to remark the progreſs of judicial compaſſion!) on a hurdle or ſledge^*,— to the place of execution, there to be hanged by the neck, but not till he is dead;—no, that would be cruel;—he is to be cut down alive^†, his privy members cut off, and his heart and bowels ripped out, and thrown into the fire before his face; then his head is to be cut off, and his body divided into four quarters, which are to be at the Kings diſpoſal: The execrable grant who firſt deviſed, ordained or pe [...]mitted this horrid butchery, [...]ou [...]d probably eat them raw.—And yet we talk of the HURONS!—But a grant is not to be ſat [...]ated even with blood; nor appeaſed by the immola⯑ [...]ation of agonizing vict [...]ms: he adds the baſeſt rapine to the moſt atro⯑ [...]ious murder; ſ [...]izes the dowry of the diſconſolate widow, the patrimony of the helpleſs orphan, and devotes to ages of miſery the innocent and the [...]nborn. In PETTY TREASON,—from a refined attention to the delicacy of the fair ſ [...]x,— a woman is only to be burnt alive:—of late indeed the [...]manity of the executioner—of the common hangman—has been proof againſt the bar [...]a [...]ous inſenſibility of the legiſlature, and, at the riſque of [...]is own life, ſhe is p [...]eviouſly ſtrangled^‡. And yet the authors of the Bill of Rights (ſo undeſervedly applauded) thought it neceſſary to proteſt againſt "new and unuſual puniſhments," as if the moſt diabolical imagina⯑ [...]ion could ſuggeſt any equal to thoſe already eſtabliſhed^‖! Puniſhment is only neceſſary or juſtifiable, ſo far as it is beneficial to the community; it induces the prevention of crimes, and the reformation of the crim [...] that of death (in itſelf a crime), however inſ [...]icted, anſwers neither p [...] ⯑poſe, confounds all degrees of criminality, and makes no difference be⯑tween a man and a wolf. "Is it not abſurd,"—they are the words of [...] humane and philoſophic Beccaria,—"Is it not abſurd," ſays he, " [...] the laws which deteſt and puniſh homicide, ſhould▪ in order to preve [...] murder, publicly commit murder themſelves? What muſt men th [...] when they ſee wiſe magiſtrates and grave miniſters of juſtice, with ind [...] ⯑ference and tranquility, dragging a criminal to death, and whilſt a wre [...] trembles with agony, expecting the fatal ſtroke, the judge, who has con⯑demned him, with the coldeſt inſenſibility, and perhaps with no ſm [...] gratification from the exertion of his authority, quits his tribunal to enjoy the comforts and pleaſures of life."

The hungry judges ſoon the ſentence ſign,

And wretches hang that jurymen may dine.

It is not however to prevent murder alone that the law of England com⯑mits it; ſince (according to Sir William Blackſtone, its expreſs panegyn [...] "among the variety of actions which men are daily liable to commit, [...] leſs than an HUNDRED AND SIXTY have been declared by act of parliament to be felonies without benefit of clergy; or, in other words, to be worthy of inſtant death. So dreadful a liſt," he adds, "inſtead of diminiſhing increaſes the number of offenders." (4 Com. 18.) This "dreaful liſt" ſince conſiderably augmented; and every ſeſſion continues to produce law breathing the ſpirit of Draco, and written in letters of blood.—To return All that is here contended for is that the Grand Jury (ſo called), under proper regulations, appears to be the moſt conſtitutional mode of tri [...] and as favorable in every reſpect to the innocence of the accuſed as the petty jury, than which, in regard to the unanimity required from exactly twelve men upon oath, nothing can be more abſurd, nor have a mo [...] obvious tendency to perjury and injuſtice. The only difficulty ſeems to be in the form or manner of the accuſation, which in fact is all that the finding of the Grand Jury now ſerves for; a difficulty which, were this [...] proper place for further diſcuſſion, would not prove inſurmountable.

One might add alſo, of having the misfortune to profeſs an unpopular religion which a few years before had been the eſtabliſhed one of the [...] Hundr [...]ds on this account have [...]ncurred the guilt of High Treaſon and ſuff [...]ed [...] ordingly, not for what they had done but for being what they w [...]; ſo their opinions and not their actions. See the "Memoirs of Miſ⯑ſionary Prieſts," &c. a curious work, which every one who wiſhes to form a perfect idea of the charitable and tolerating diſpoſition of the govern⯑ment, law and church of England, would do well to peruſe. He will there find that our pious Proteſtant anceſtors underſtood the uſe of torture [...] as well as an Inquiſitor General or Amboyna Dutchman.

Cuthbert Maine, a prieſt, "was to be drawn a quarter of a mile to [...]he place of execution, and when he was to be lay'd on the ſledge, ſ [...]m of [...]he juſtices moved the ſhe [...]iffs deputy that he would cauſe him to have his head lay'd over the ca [...]e, that he might be daſhed againſt the ſtones in drawing." Theſe good Chriſtians, upright magiſtrates and loyal ſubjects, doubtleſs thought this ingenious contrivance would be as acceptable to God as they knew it would be agreeable to the judges and the Queen.

†

In Caxtons Chronicle, c. 253. is an inſtance of a pardon granted to five traitors after they were hanged and cut down.

‡

This puniſhment has been altered to hanging ſince theſe pages were prepared [...]or the preſs. See 30 G. 3. c. 48.

‖

At this time too there exiſted a ſpecies of torture equal if not ſuperior [...]n point of cruelty to any practiſed in the Inquiſition—and in one reſpect [...]t leaſt much worſe, ſince it only terminated with the death of the mi⯑ [...]erable ſufferer. This was the peine fo [...]t et dure; by which a priſoner, who, in order to ſecure his little property to his family, refuſed to plead, was gradually preſſed to death in a dungeon by heavy weights upon h [...] beaſt, his only ſuſtenance in the mean time,—that is during two or three days—for ſo long have ſome unhappy wretches ſupported this excruciati [...] [...]rment,—being the foul and loathſome water which the place afforded. [...]y way of prologue or preface to this torture the judges had a pleaſant [...]actice of tying the culprits hands together with whipcord—and, while [...]e wretch fainted with agony, and the blood ſpouted from his fingers, [...]ould coolly order him away to conſider how he ſhould like ſomething [...]orſe. All this, in the great mercy of the legiſlature, has been lately [...]anged to immediate death!

(63).

Much of this can only be underſtood of thoſe courts in which it is [...]e cuſtom to ſwear the jury in for the year: where they are diſcharged [...]e ſame day, it ſhould ſeem neceſſary for them to proceed chiefly upon [...]vidence: and indeed there is generally, if not always, a proclamation [...]or that purpoſe.

Note, Of the above crimes the Leet hath the enquiry only, and not the puniſhment. The indictments of the criminals (which are as ſtrong as if they were taken in the Kings Bench (10 H. 6. 7.) are to be certified by the Steward to the Juſtices of Oyer and Ter⯑miner or Gaol Delivery. W. 2. c. 13. 1 E. 3. ſt. 2. c. 17. 8 H. 4. 17. 27 H. 8. 2. Br. Indict. 1. Cromp. J. P. 150. But that petty larceny was formerly puniſhed in the Leet, ſee Britton, c. 15.

In fact all miſdemeanours are crimes, and e converſo; but, as Sir W. Blackſtone obſerves, in common uſage, the word crimes is made to denote ſuch offences as are of a deeper and more atrocious dye; while ſmaller faults, and omiſſions of leſs conſequence, are compriſed under the gentler name of "miſdemeſnors" only. 4 Com. 5. It is almoſt needleſs to ſay that the arrangement of this elegant and ingenious writer is the baſis of the preſent ſketch.

This crime, committed in the Leet, is puniſhable in every other proper court, as well by Statute as at Common Law. 5 Eliz. c. 9. Godbolt. 71.

This article is alluded to by Shakſpeare.

Yet would you ſay, ye were beaten out of door;

And rail upon the hoſteſs of the houſe;

And ſay, you would preſen [...] her at the Leet,

Becauſe ſhe brought ſtone-ju [...], and no ſeal'd quarts.

TAMING OF HE SHREW, Act l. Sc. 2.

N. B. The conuſance of ſeveral other of⯑fences is given to the Leet by act of parlia⯑ment; ſuch as, not deſtroying crows and rooks, by 24 H. 8. c. 10.—ſhooting, or not ſhooting, in guns and bows, contrary to 33 H. 8. cc. 6. 9.—the mending of high⯑ways, by 2 & 3 P. & M. c. 8. and 18 Eliz. c. 10.—the taking of muſters, by 4 & 5 P. & M. c. 3.—hats and caps, by 13 Eliz. c. 19. &c. &c.—which, being either expired, repealed, obſolete, or out of uſe, are here omitted.

Eſcheats for want of heirs are to be enquired of in the Court Baron.

This was in its origin a compoſition with the Lord by the deziners, to excuſe their perſonal appearance: and was to be anſwered and paid by the chief pledge, who other⯑wiſe was himſelf puniſhable for their abſence. Vide Spel⯑mans Gloſſary, voce CAPITAGIUM.

See an inſtance, 24th Feb. 1768, of the high-bailiffs ſwearing in a conſtable for the remainder of the year in the preſence of two ſuitors.

The difference between a fine and amerciament is, that the former is the ſole act of the court; the latter muſt be grounded upon the preſentments of the jury, and muſt likewiſe be affeered, i. e. aſcertained or reduced to certainty, by indifferent perſons ſworn for that purpoſe, and who are generally, but not neceſſarily, taken out of the jury (See E. C. 1754 and 1772, inſtances of the affeerers not being jurymen). It ſeems requiſite however that they ſhould be ac⯑quainted with the nature of the offence in reſpect whereof the amercia⯑ment is impoſed. A fine on the contrary needs no affeerment, being impoſed by the ſteward as judge, for offences committed within his own view, or the defaults of the officers of the court. A fine on an officer is likewiſe called an amerciament or amerciament royal, but does not on that account require any affeering. Unleſs, therefor, John Aſhley was in office, this fine was illegal.

Till the year 1787, (M. C.) the amerciaments were always ſet by the jury in their preſentments, at an expreſs ſum, which was afterward affeered. But this practice, being thought irregular, was then altered, upon due deliberation and good advice; ſo that then and thencefor⯑ward the amerciament was and has been ſet by the court indefinitely, "and therefor he is amerced," anſwering to the Ideo ipſe in miſericordia of the old precedents; and afterward affeered at a preciſe ſum. It ſhould be noticed, however, that ſome inſtances have been ſince diſcovered where an amerciament is ſet upon the preſentments of the aleconners, &c. in the very language now adopted, "and therefore he is amerced;" which may induce one to believe that it is but a re⯑ſtoration of the ancient practice. See E. C. 1690; M. C. 1690; and E. C. 1691.

From the preceding entry in 1694, it may be conjectured that the pain was formerly ſpecified in the ſummons; in this caſe affeer⯑ment was certainly ſuperfluou [...]; and indeed, ſetting aſide the anti⯑quity of the practice, one might even doubt whether it were abſolutely neceſſary at preſent.

This was irregular and illegal; he ought to have been preſented and amerced. See before, p. 10.

"A great part of this priſon having been burnt laſt February, the priſoners at night are now crowded into two rooms. The priſon very dirty: not white-waſhed theſe two years. Some of the priſoners almoſt naked; without ſhirts, ſhoes or ſtockings. Several priſoners died laſt ſpring, and probably many more will die the ſpring enſuing, if greater attention be not paid to them. Here were ſix of the guards in a cloſe offenſive room (the black hole) in which they are confined on bread and water twenty-four of forty-eight hours, for drunken⯑neſs, neglect of duty, &c. 1788, September, 13, deſerters 45." ACCOUNT OF LAZARETTOS, &c. By JOHN HOWARD, F. R. S. WARRINGTON, 1789, p. 128.

It does not appear that the coroner of the liberty is ever ſent to in conſequence of any d [...]ath happening in this priſon.

Theſe preſentments are numerous at almoſt every court; and are generally "upon the oaths and information of the aleconners."

By "the proper officer of the liberty of Weſtminſter intruſted to ſtamp meaſures," it is ſuppoſed they mean the clerk of the market for that liberty, who is by no means the proper officer for any place out of his own juriſdiction. The ſtandard yard and buſhel are ſaid to be kept in the Exchequer; and ſome officer of the court, no doubt, ought to ſeal the meaſures, in default of the clerk of the market for the liberty of the Savoy, who, at preſent, is Mr. James Armſtrong.

An entire new ſet of weights and meaſures was purchaſed in con⯑ſequence of this repreſentation.

Th [...]mas Collingwood was the head-headle.

They ſometimes added 5s. "to the allms women under the church houſe (for charity)."

†

The watch-houſe of this liberty was originally erected by the burgeſſes, by virtue of a licence from king James II. under the Duchy ſeal, in 1688; but was taken down and another built in 1700; and this, again, was taken down in 17 [...], by direction of the com⯑miſſioners for more commodious building the New Church in the Strand. In 1719, it appears the conſtables kept their watch "in St. Clements church houſe, to the great damage of the ſame."

A watch-houſe was ſoon afterward erected by the burgeſſes at the weſt end of the New Church, which ſtood till the year 1780, when (being looked upon as an unſightly object) by virtue of an order of the Duchy court, and with the conſent of the burgeſſes, it was taken down, and, by leave of the rector and churchwardens, a new one erected between the piers of the great entrance to the church, by ſir William Chambers, at the expence of government.

"And the ſaid jurors, upon their oaths aforeſaid, do further ſay and preſent, That in a certain ſchedule to this inquiſition annexed, compriſed in one ſkin of vellum, intitled the Second Schedule, is con⯑tained a true and exact map, plan, and deſcription of the ſaid lordſhip or manor of the Savoy, and of the liberty and franchiſe of the Duchy of Lancaſter, called the Savoy Liberty, as the ſame did ap⯑pear to the ſaid jurors on a view thereof, and as the ſame hath been ſurveyed and admeaſured, duly proved on oath, and given in evidence on this inquiſition by John Rockque, a ſkilful ſurveyor, and which was conformable to the ſaid jurors knowlege and remem⯑brance of the known meats and bounds thereof, ſave and except towards the weſt end of the ſaid manor and liberty, from the middle of a ſtreet called Cecil Street to the middle of a lane, way, or paſſage called Ivy Lane, which hath of late years been diſuſed, and not claimed as part of the ſaid liberty, but why or for what reaſon the ſaid jurors know not."

A copy or duplicate of this plan is in the jury room in the Court Houſe.

And the ſaid jurors, on their oaths aforeſaid, do further ſay and preſent, that it appears to them by authentic copiers of two ſeveral ſurveys of the ſand man [...] or liberty duly proved and given in evidence on this [...]quiſition (that is to ſay) one a copy of a ſurvey or return of a commiſſion under ſeal of the ſaid Duchy of Lancaſter, and remaining of record in the Duchy Office for bounding her then ma⯑jeſty's manor of the Savoy, beating date the ſixth day of February, in the forty-fourth year of the reign of queen Elizabeth; and the other a copy of a ſurvey taken by ordinance of parliament in the year 1653, remaining of record in the Augmentation office, that the bounds of the ſaid manor, liberty, or franchiſe, at the reſpective times of taking the ſaid ſeveral ſurveys, did extend towards the weſt to the middle of Ivy Lane oppoſite to Ivy Bridge; and therefore the ſaid jurors, no contrary evidence having been given to them, on their oaths aforeſaid, do ſay and preſent, that the boundary of the ſaid manor and liberty ought not to terminate to the weſtward at the middle of Cecil Street, but ought to extend oppoſite the middle of Ivy Lane aforeſaid, according to the ſurveys aforeſaid, and as in the map or plan herein before mentioned is expreſſed and declared."

This inquiſition is, in many reſpects, an admirable record, and the plan very accurately and neatly delineated. The jurors, however, were undoubtedly misled by the ſurvey of 44 Eliz. for in fact there is no mention of Ivy Lane in that of 1653. Whether there were any blame in not enquiring more minutely into a matter ſo important as evey this is which men have to deliver upon oath as a guide to poſterity, and upon whom it ought to fall, we cannot well ſay. But the reaſon and cauſe of this ſerious miſtake was in truth as follows: Soon after the 44th Eliz. which was the year 1602, being the laſt of her reign, the ancient lane called Ivy Lane or Ivy Bridge Lane, was by virtue of a grant under the Duchy ſeal and of a writ of ad quod dumnam, and an inquiſition thereon, taken away or blocked up by Sir Robert Cecil, afterward Earl of Saliſbury, who, in lieu thereof, opened a new lane or paſſage from the Strand to the river on the weſt ſide of his houſe, which retained the old name of Ivy Lane, as a bridge at the bottom of it did that of Ivy Bridge^* This proceeding, which was confirmed by a private act of parliament in the 3d year of K. James I. could not however affect the boundary of the liberty; and as the middle of Cecil Street has, ever ſince it was made, been looked upon and perambulated as the weſt boundary, it ſeems highly probable that the middle of this ſtreet is the identical ground which at the time of taking the ſurvey of the 44th Eliz. was the middle of Ivy Lane. Inſtead therefore of the words in italies, we ought to read the following:—and from thence turning directly northward up the middle of Cecil Street, the boundary towards the weſt end of the Duchy liberty, till it comes into the middle of the high ſtreet called the Strand, and from the middle of the high ſtreet, oppoſite to the middle of Cecil Street.

The ancient bridge was of a very different nature. Both Ivy Lane and Strand Lane were originally low ſubterraneous paſſages, ſomewhat reſembling, it is thought, the preſent arched cart-ways to the Adelphi wharfs; the bridges themſelves being in the high ſtreet. Vide Stows Survey by Strype, [...]. ic. c. 7. It is wonderful that the translation of Ivy Lane ſhould have eſcaped the re⯑ſearches of this induſtrious edito [...]. S [...]e works was originally publiſhed in 1598.

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Citation Suggestion for this Object: TextGrid Repository (2020). TEI. 5376 Law tracts by Joseph Ritson. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-6098-C

1.

PREFACE.

ERRATA.

INTRODUCTION.

THE OFFICE OF CONSTABLE.

CHAP. I. OF HIS QUALITY.

CHAP. II. OF HIS QUALIFICATION.

CHAP. III. OF HIS ELECTION.

CHAP. IV. OF HIS POWER AND AUTHORITY.

CHAP. V. OF HIS DUTY.

CHAP. VI. OF HIS PROTECTION, INDEMNITY, ALLOWANCES, ADVANTAGES, AND REWARDS.

CHAP. VII OF HIS RESPONSIBILITY AND PUNISHMENT.

CHAP. VIII. OF THE HIGH CONSTABLE.

Appendix A APPENDIX.

Appendix A.1 No I. THE CONSTABLES OATH.

Appendix A.2 No II. COMMAND OR PROCLAMATION FOR RIOTERS TO DISPERSE.

Appendix A.3 No III. FORM OF AN OBLIGATION TO BE TAKEN BY A CONSTABLE FOR KEEPING THE PEACE.

Appendix A.4 No IV. OATH OF THE APPRAISERS OF GOODS DISTRAIN⯑ED FOR RENT, TO BE ADMINISTERED BY THE CONSTABLE.

Appendix A.5 No V. APPOINTMENT OF A DEPUTY.

Appendix A.6 THE SONG of a CONSTABLE: Made by JAMES GYFFON, Conſtable of Alburye [in Surry], Anno 1626.

Appendix B ERRATA.

2.

ADVERTISEMENT.

INTRODUCTION.

THE JURISDICTION OF THE COURT-LEET, &c.

I. CRIMES.

II. MISDEMEANOURS.*

III. THE RIGHTS OF THE KING, AND THE LORD OF THE MANOR.

APPROVED PRECEDENTS OF PRESENTMENTS AND JUDGEMENTS IN THE LEET.

ORDERS UPON PAIN.

PAIN INCURRED.

3.

ADVERTISEMENT.

HEADS.

A DIGEST, &c.

Aleconners.

Bailiff.

Bawdy Houſes.

Butchers.

Commiſſioners of Pavements.

Commiſſioners of Sewers.

Conſtables.

Accepting the Office.

Account.

Aſſiſtant.

Deputy.

Election.

Neglect of Duty.

Refuſing the Office.

Quitting the Liberty.

Subſtitute.

Uſurping the Office.

Contempts.

Departing without Leave.

Miſbehaviour.

Defaulters.

Reſiants.

Summoned upon Pain.

Diſorderly Houſes.

Eſſex Stairs.

Gaming.

Foreſtalling.

Incroachments.

Inmates.

Iury.

Defaulters.

Departing without Leave.

Inſults.

Refuſing to ſerve.

Nuiſances.

Aſhes.

Bulks.

Carts in the Street.

Caſks in the Street.

Cellar Doors and Windows.

Common Shore.

Dunghills.

Filth and Naſtineſs.

Hanging out Clothes, &c.

Houſe of Office.

Appendix A.1 N^o I. THE CONSTABLES OATH.

Appendix A.2 N^o II. COMMAND OR PROCLAMATION FOR RIOTERS TO DISPERSE.

Appendix A.3 N^o III. FORM OF AN OBLIGATION TO BE TAKEN BY A CONSTABLE FOR KEEPING THE PEACE.

Appendix A.4 N^o IV. OATH OF THE APPRAISERS OF GOODS DISTRAIN⯑ED FOR RENT, TO BE ADMINISTERED BY THE CONSTABLE.

Appendix A.5 N^o V. APPOINTMENT OF A DEPUTY.

II. MISDEMEANOURS.^*