Law-tracts: by Joseph Ritson, ...

Table of contents

- [titlepage]

- CONTENTS.

- THE OFFICE OF CONSTABLE.

- [titlepage]

- PREFACE.

- ERRATA.

- INTRODUCTION.

- 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.

- No I. THE CONSTABLES OATH.

- No II. COMMAND OR PROCLAMATION FOR RIOTERS TO DISPERSE.

- No III. FORM OF AN OBLIGATION TO BE TAKEN BY A CONSTABLE FOR KEEPING THE PEACE.

- No IV. OATH OF THE APPRAISERS OF GOODS DISTRAIN ED FOR RENT, TO BE ADMINISTERED BY THE CONSTABLE.

- No V. APPOINTMENT OF A DEPUTY.

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

- ERRATA.

- THE JURISDICTION OF THE COURT-LEET, &c.

- [halftitle]

- [titlepage]

- ADVERTISEMENT.

- INTRODUCTION.

- 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.

- A DIGEST, &c.

- [titlepage]

- [dedication]

- ADVERTISEMENT.

- HEADS.

- 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.

- Obstructing the Passage.

- Open Places.

- Rubbish in the Street.

- Ruins.

- Shed.

- Sink.

- Soil.

- Stills.

- Watercourse.

- Pavements.

- Poulterer.

- Savoy Prison.

- Scavengers.

- Seliing Drink without a Licence.

- Sewers.

- Strand Bridge.

- Strand Lane Stairs. Surry Stairs.

- Watching and Warding.

- Water Works.

- New River Water.

- Thames Water.

- Weights and Measures.

- Special Entries.

- APPENDIX.

- THE OATHS OF THE OFFICERS.

- OATHS OF THE JURY.

- The Foremans Oath.

- Oath of the Four next the Foreman.

- Oath of the rest.

- OATH OF THE ALECONNERS.

- OATH OF THE CONSTABLES.

- THE BOUNDS OF THE LIBERTY OF THE SAVOY.

LAW-TRACTS.

BY JOSEPH RITSON, OF GRAYS INN, BARRISTER.

ET IN ARCADIA EGO.

LONDON: M DCC XCIV.

CONTENTS.

- I. THE OFFICE OF CONSTABLE.

- II. THE JURISDICTION OF THE COURT LEET.

- III. A DIGEST OF THE PROCEEDINGS OF THE COURT LEET OF THE MANOR AND LIBERTY OF THE SAVOY.

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.

A SINCERE wish to benefit the community, 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 authorities, has produced the following sheets,—a mere epitome, in fact, of the original compilation. 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 modern 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 extended 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 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 societies: few barristers, at the same time, are without all or most of them; and some justices 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 employment for the best part, if not the whole, of a long life. These "Statutes at Large," which, while they preserve many acts that are 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 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 complaint which has been so frequently and so ineffectually made[†], that one must have patience till the mischief, every day increasing, shall remedy itself; till, in short, "there is A DROP TOO MUCH."

Sir William Blackstone observes that, considering what manner of men are for the most part out into the office of constable, it is perhaps very well that they are generally kept in ignorance of the extent of their powers[*]; an observation to which it may be readily conceived, the compiler of the following Digest does not subscribe. In fact, he has ever regarded 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 language or unintelligible jargon [†]; that the profane ought to know no more than the initiated may think fit to communicate; and that, in short, the most ignorant are the most tractable, 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 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, servile, vexatious, and expensive, that they who possess or usurp the power of filling it, select 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 constable. These same GENTLEMEN, it should seem, are high-mettled horses, who would kick and wince, and play the devil, in short, if you attempted to put them in the shafts; the VULGAR are asses, who tamely submit to every indignity. But, gentleman or no gentleman, he who can best afford to lose his time and money, who has spirit and ability to sustain fatigue, and resolution to oppose insult and oppression, is the fittest person to discharge the Office of Constable. To confer it, from whatever 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 necessity 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 compelled to serve this office; only it would probably cost him more to obtain the determination 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, select the meanest and most ignorant by way of magnifying their own wisdom and consequence; gems, it is well known, which require 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 propriety 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 Measure 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 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 intelligible language[†]; and by requiring every court, at the election of a constable, to put a copy of it into his hands: in order that, having 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 elected a constable were, during his continuance in office, not exceeding one year, exempt from all taxes and impositions; parliamentary, or local; and, in case of actions against him touching his office (the dread of which is one great obstacle to its due execution) should be allowed to defend, not in forma pauperis, but some really unexpensive mode[*] This, if not an adequate compensation, would be a great relief, and in some cases, at least, an indemnity, to persons serving the office, would induce them to accept it with cheerfulness, and execute 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 advantageous 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-reforming 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 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.

§ 1. THE origin of the word CONSTABLE, which some etymologists have erroneously sought for in the Saxon language(1), is undoubtedly to be found in the Comes Stabuli of the Eastern empire: hence the constabularius, constabulus, &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 under the title of Stallarius.

§ 2. THE CONSTABLE (or LORD HIGH CONSTABLE) 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 cognizance of all contracts and other matters touching 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, became, 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 person of Edward Stafford duke of Buckingham; but Henry VIII. thinking the office too high and dangerous for the hands of a subject, took the first opportunity 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 remaining to this day. These are the constables intended in Magna Charta, cc. 17. 20. and who, in the statute of Westminster the first (3 E. 1. c. 15.) are called constables of sees, and there considered as keepers of prisons; a constituent part, indeed, of all ancient castles. Lord Coke observes that before 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 people 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 imprisoned 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 unfortunate 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 statutes 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 CONSTABLE (as he is otherwise called) of whom we shall have a little more to say. By the statute of Wynton, or Winchester (13 E. 1.) c. 6. it is ordained, that in every hundred or franchise there shall be chosen two constables to make the view of armour, as directed in the preceding part of the chapter; 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 upland 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 constables of the hundred were first introduced by this statute. And though Fitzherbert(8), and Crompton after him(9), have asserted that they were conservators 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 authority 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 Common Law takes any notice; that he is not mentioned in any book; and that, in fine, he is only by custom and for conformity(11). It must be confessed, that the first mention made of the high constable 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 another, expressly mentions him to have been first ordained 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 CONSTABLE, at whose mandate all those of his hundred sworn to arms [i. e. to have such arms, according 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 mention, 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 statute 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 constable 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, 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 Henry 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 attributed 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, tithingman, 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); 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 constable, 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 ordnance 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 extent had only a single constable for several townships; a case exactly similar, indeed, sometimes occurring at this day, where a township, comprehending 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 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 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 invenerint seisitos cum retonsura, & ipsos pro mercede deliberaverint (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 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 repealed 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 Plowman 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 confessed 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 before the mandate of Henry III. the constable of the hundred, and the constable of the manor, were officers 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 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, being such part of the division only as was not comprehended 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 exercised 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 altogether 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 bailiff 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 constables 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 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 hundred (33), but also of the powers and pretensions, exercised 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 liberty to do whatever they please,—finding it, perhaps, 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 precision, 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[*].

His office is,
1 Hale P. C 88

therefore, 1. original or primitive,
1. Conservator.

as a conservator of the peace; 2. ministerial and relative to justices of the peace,
2. Minister of the justice, &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 precinct,
Local jurisdiction.

and cannot execute a warrant directed "to the constable of the vill," or "to all constables" generally, 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[*]

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 constable 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 office 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, diligently, 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 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 office, 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 execute 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.

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; sometimes 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 justices.

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 sessions.

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[*]

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 amerciament.

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.

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 originally 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 warranto.

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 Justice.

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, [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.

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 magistrate. 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 indicted 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 discretionary, 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 committed, the opinion of Keble, Conisby and Frowike was, that he might let his prisoner go. But, by their opinions, if a man be killed in fact, and one is arrested for that felony, or for suspicion thereof, although 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 receive 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 death
Br. Faux Imprisonment, 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 dunghill, 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 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.

Commitment for affray.

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 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 doors, to see and suppress the disorder; as is constantly 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 walkers.

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 persons.

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[‡].

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 pertaining 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 warrant,
11 Mod. 248.

to act only as it directs.

Servants in Husbandry.

He may grant testimonials under his seal licensing 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 deserters,[15] and bring them before a justice.

CHAP. V. OF HIS DUTY.

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.

Roberdesmen.

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 committed,
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.

Demeanour toward prisoners.

As to what the constable is to do with his prisoner 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 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 without 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 persons 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 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.

Malefactors.

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 committed 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.

Measures.

They are to search and examine if any person use any other measure than what is agreeable to the standard 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.

Kidderminster weavers.

They are to be aiding and assisting to the president,
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 overplus for the owners use. And

Is to aid and assist landlords,
11 G. 2. c. 19.

&c. seizing as a distress 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 suspicion) 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 people to work at the engines[*] and preventing goods being stolen; and are to apprehend all ill-disposed 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.

requiring him to issue his precepts to the constables, directing 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 according 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 constable.

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.

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 constable 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 respective 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 patengatherers 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 physiognomy, 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 authorised; persons wandering abroad, and lodging in alehouses, barns, outhouses, or the open air, not giving a good account of themselves; persons wandering abroad and begging, pretending to be soldiers, mariners, 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 before him, or to be conveyed by a pass, or knowingly giving a false account of themselves on such examination, after warning given them of their punishment; rogues or vagabonds breaking or escaping out of any house of correction; and persons having been punished 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 correction; and after such whipping or confinement such justice or justices may by a pass under hand and seal cause them to be conveyed to the place of their settlement, 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 conveying them. Whereupon the constable is to convey 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 examination, 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 information before such justice, &c. to be convicted and punished
Q. 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 appear; and, if the offender be not bailed, is to carry 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 recognizance 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 reasonably suspected of having, carrying, or conveying, after sunset and before sunrise, any lead, iron, copper, brass, bell-metal, or solder, suspected to be stolen or 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 receive 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 lieutenant, 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 chief constable, or to the constables of the parishes, &c. through which the militia is to march, to provide 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 constables, 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 constables, 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 apprehend those suspected of conveying, between sun-set and sun-rise, any goods or chattels suspected to be stolen, and carry them before a justice.

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 belonging (except tavern-keepers free of the vintners company). And the high and petty constables within the city and liberties of Westminster, and places adjacent, 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 billeting 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 soldiers, with the number billeted in each house. And

Justices (being duly required) are to issue their warrants to the constables to make provision of carriages 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 execute the warrants, yet the justices may command him to execute them[*].

Presentments.

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 presentment 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.

Aid of the country.

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

{inverted ⁂}

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 general issue, Not guilty, and give the special matter in evidence, and on a verdict for the defendant or defendants, 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 defendant 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[*].

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 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 himself 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 trespass; 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 discontinue, he is to have treble costs.

Warrant.

A justice of pe•ce's warrant is a sufficient justification 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 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 defendants, 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 commenced within six months[*].

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 expences 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 parish 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 certificate,
17 G. 2. c. 5. 26 G. 2. c. 34.

for conveying rogues and vagabonds (see before, p. 21.)

Soldiers.

A mandamus is grantable on 1 G.
Strange, 42. 93.

1. c. 34. (Mutiny 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 taking, keeping, and selling the distress, out of the money 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.

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 justices 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 deserter he apprehends,
30 G. 3. c. (Annual.)

to be paid, under a justices warrant, 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 imprisoning 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 jurisdiction.

Misdemeanour. 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.

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 indictable.

Affray.

On affray made in his presence,
Cromp. J. P. 130, b.

if he do not endeavour to pacify it, he shall be fined: but not if the affray be at a distance, and he is only told of it.

Not returning warrant.

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 mandamus.

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 offender brought to the watch-house by a watchman in the night[†].
2 Bur. 867.

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 convicted 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 forfeit 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.

Poors rate.

Refusing to account for or pay over money received 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 apprehend or convey to a justice any rogue or vagabond (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 vagabonds 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 vagabonds, he forfeits £ 50. Or if he will not receive or convey them, or does not deliver them to the proper 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[*].

Indorsed Warrant.

If,
24 G. 2. c. 55.

where under an indorsed warrant he has apprehended 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, examination, or other proceedings received from such justice, 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 before,
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 justice'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 committed by them for a month, or fined £ 5.

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 providing carriages, he forfeits from twenty shillings to forty shillings; quartering wives, children or servants, he forfeits to the party grieved twenty shillings; or refusing or neglecting (for two hours) to billet, or receiving 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 constable 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 hundred,
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.

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 refuse him, it may be returned to the court.

Power.

He may hold petty or statute sessions (for the hiring 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 obligation; 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 harbour 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.

17 G. 2. c. 5.

And was to pay to the petty constable the rate or allowance ascertained by a justice of peace's certificate for the conveyance of vagrants; which was to be allowed him by the county treasurer, on passing his accounts. 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 required, 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.

Punishment.

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.

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 deputy 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, demand, 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 justice of peace;
J. P. 57.

wherein was said, that it was resolved by all the judges of England, (Trin. 5 Car. 1.) that justices of peace at sessions may not compel the constables of hundreds to attend at the quarter sessions, and 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.

No 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.

No 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.

No III. FORM OF AN OBLIGATION TO BE TAKEN BY A CONSTABLE FOR KEEPING THE PEACE.

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. yeoman, 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 attorney, 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, sealed 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 [personally 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

No IV. OATH OF THE APPRAISERS OF GOODS DISTRAINED FOR RENT, TO BE ADMINISTERED BY THE CONSTABLE.

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

So help you God.

No 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 pleasure (or for any particular purpose). Dated, &c.

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

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:

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[‡].

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;

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 DISGRACE

FINIS.

ERRATA.

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 meinteyneth;

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 company, 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.

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; contrary to Magna Charta; to the Bill of Rights, to the liberty of the subject, to —." "Sir," says his client, who was a churchwarden, "we have got an act of parliament." 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 penalties, 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 injudicious penners of acts of parliament in his time, "overladen," 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 professors 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 admire 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 opinions, delays, and evasions," delivered a formal proposition 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 extant.
↵

*
1 Com. 356.
↵

†
3 Com. 322. and Benthams Fragment of Government, 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 entrapping 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 consequently 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 rejected 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 CAPITALIS CONSTABULARIUS, ad cujus mandatum omnet jurati ad arma de hundredis suis conveniant, & cis sint intendentes ad faciendum 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 CONSTABULARIUS 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, Commonwealth 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 tythingman, 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 constable, takes a great deal more upon him than his "comp
••
tner." 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 office does not at all differ from that of constable. One is, therefor, 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 constable 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 (supposing 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 "thirdborough;" and, the term not being familiar to the London editors, got corrupted into headborough, which is evidently incongruous 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 Kentish-town," the "headborough" of Islington, the "petty constable" 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 improbable, 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 jurisdiction as his assistants, and hence receive the name of thirdboroughs. 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 coming 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 attached 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 presumptuous but is certainly a useless measure. It would, however, lessen the mischief which almost every act of parliament 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 prescribe, nor exercise any authority which is not thereby expressly 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 treasurer; 8. the master of the Rolls; (N. B. the last two are doubtful;) 9. the sheriff; 10. the coroner; and, 11. the (petty) 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 immemorial usage in themselves, their ancestors, predecessors, or those whose estate they had in certain lands. The extraordinary 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 assigned 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 . . . careless, remiss, or negligent in our aforesaid county."
↵

4
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 Common 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. Freemen 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 township. (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 watchmen 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 Runnington the last editor, professes to have compiled a new one.
↵

*
According to Lord Bacon, he was to send it to the Exchequer 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. Innkeepers are, in such case, likewise, subject to an action for damages 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 Imprisonment, 39. And so, in short, may any man. Br. Faux Imprisonment, 15.
↵

‡
This is to be understood of going or riding armed with harness and weapons, in an unusual, warlike and terrific manner. 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 miscarriage; 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 infectious 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.
↵

15
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 jurisdiction 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 officer; 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 feloniously 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 indorsed by a magistrate of each he passes through, whoever carries the warrant to be last indorsed, and by virtue thereof apprehends 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 adjoining county, and so on; nor, in case he does deliver his prisoner 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 constables were subordinate officers to the conservators of the peace, so they are now the proper officers of the justices." But the premisses 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 commendable, and perhaps most adviseable, if he in all such cases wait for the warrant. What is innocent one day cannot well be criminal another.
↵

{inverted ⁂}
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 perfectly unjustifiable. The grand inquest for the county of Middlesex, previous to their sitting, and before they are sworn, issue a warrant, under their hands and seals, to the high constable, commanding 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 conduct. 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 unconstitutional 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 presentments 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 constables 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 adjudged only manslaughter: 1. Because it was a sudden action without precedent malice. 2. Because the constable had no authority 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 sufficient 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 ENGLAND. (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 William 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 deceased had sent for the constable, and given him charge of the prisoner, for having drawn a knife on him twice, and threatening 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 constable 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 constables 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 conviction 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 liberty he kill the constable, such killing is not murder; but if on the other hand the constable should kill him, he shall be adjudged guilty of murder.

☞ Of the above description, perhaps, are the warrants put into the hands of an uninformed constable, who supposes 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 SEAMEN; a practice in direct violation of every constitutional principle, and certainly unsupported by any positive law. Let the constable therefor who too officiously engages in a business so deservedly 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 Hopkins Hugget, in Sir John Kelyngs: Cases of much greater consequence and authority than the flimsy reasoning used in defence 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 parliament. 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 exertion of your office might prove the means of checking, and by degrees that reformation may be produced by the fear of punishment, 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 ministerial. And in all cases where the justices make out such general 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; notwithstanding any "faulty precedent in Burn." See the Introduction, 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 subject 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 illegal 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.
↵

THE JURISDICTION OF THE COURT-LEET.

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.

IT was originally intended that the compilers publication on the subject here treated of should have comprised all that, to his knowlege, had been said, or in his judgement, 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.

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 contradistinction, perhaps, to the Halmote or Court Baron, 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 forthcoming to answer any complaint. The better to understand 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 throughout 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 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 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 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, sometimes 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 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 constitutional 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 •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 complaint of any party grieved, or upon suspicion of the concealment 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 concern the partys freehold, shall not be shaken or questioned by any tribunal whatever(28). Upon every presentment 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 〈◊〉 that effect(34); or may be recovered by other means(35). This practice, in substance at least, is of prodigious antiquity; and is, perhaps, the only perfect representation still 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 cognisance 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, determinate 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 shillings(37)." This pecuniary composition, with respect to certain capital offences, was abrogated, and the punishment of death substituted in its place, by K. Henry I.(38) 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 introduction 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 process, 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 thereof, being always conclusive by the ancient law; as, indeed, it is, in many cases, particularly with respect to offences 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 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 verdict 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, indeed, 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 jurisdiction 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 instance, 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, because 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 •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, probably, owing to the imperfect knowlege judges and lawyers are content to acquire upon certain uprofitable subjects. "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 criminal court in the kingdom, is now considered as the •owest, the greater part of its business having been transfered 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 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 discharge 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 compellable 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 gradually 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 offences, 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 adjournment 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 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.

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 country is an utter and total stranger. It gives occasion, however, to a number of offices, a long list of fees, and affords 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• are without expence; the suitor pays no fees; and advocates 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 opportunity 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 lucre, nor a criminal process turned into an action fo• damages(62).

The peculiar excellence of this most ancient and respectable tribunal is, that it does what is usually called every bodys business and nobodys business. The juro•• are to enquire of such offences or disorders as may happen within their own neighbourhood, under their own observation; in order that, if they cannot be avoided by timely interference, an adequate penalty may prevent their rep•∣••tion. 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, 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 prevention of such offences as, being the most frequent, a• possibly the most generally injurious, or, at least, vexatious, 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.

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 killing 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.

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 necessary in fight, either to defend himself or to annoy his adversary, as his eye, tongue, foretooth, 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.

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 invasion 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 dwelling-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 violently 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 value 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 fraudulently taking and carrying away of money, geese, hens, or other personal thing, of or under 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 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 persons who have abjured the realm, without warrant;

The being accessary to petit treason or felony (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 commanding another to commit a crime, and being absent at the commission thereof; or after the fact, in receiving, comforting, or assisting the criminal, knowing him to be such.[1]

II. MISDEMEANOURS.[*]

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 indicted, 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.

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 justice,
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 officers 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 confined (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 confined (not for treason or felony).
Mod. tenen. cu. Bar. 5, b. Kitch. 21. 101. 4 Blackst. Com. 131.

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 thereout.

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 maintenance of a suit, in consideration that the champerter shall have part of the lands or thing in dispute, or part of the gains.

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 procuring 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 concerned in the administration of justice, of any reward, to influence his behaviour in his office.

Embracery;
Ibi. 141.

that is, the labouring, influencing, or attempting to influence, a jury, by promises, persuasions, entreaties, money, entertainments, 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 authentic 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 unlawful 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 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 discord 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 public by either printing, writing, signs, or pictures, in order to provoke him to wrath, or expose him to public hatred, contempt, or ridicule.

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 measures.

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.

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 contracting 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 afterward 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 victual, either for man or beast, for unreasonable 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 shoemaker, 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 tanners.
1 [2] J. 1. c. 22.

The making for sale or uttering of deceitful 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.

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 deceit.

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 unwholesome 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 highway.

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.

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.

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.

Cock-fighting;
11 Rep. 87, b. 3 Keble. 465. 510.

or keeping a common cockpit.

Taking or killing the young fry of fish in any floodgate,
1 Eliz. c. 17.

&c. or pike or pickerel, or salmon, 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.

False imprisonment;

••

at. Wal. •rit. c. 29. •irror. c. 1. § 17. or the wrongful detinue of the body of a man.[5]

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

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

Escheats;
Ibi.

that is, the lands of persons attainted 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 hidden 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 reclaimed 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 conviction of petit larceny; by flight in treason or felony, by praemunire, &c.

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 manors[*].

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 nuisance, 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 and three hundred groats falsely and feloniously coined and fabricated (the letters patent of the lady the queen in that behalf not before obtained), 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. aforesaid, yeoman, on such a day, &c. at I. within the jurisdiction of this court, with force and arms, &c. wilfully and feloniously, of his malice aforethought, the house of one J. S. burned, contrary to the peace of the lady the queen. Therefor it is commanded to the bailiff 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. aforesaid, 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 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. aforesaid, 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. aforesaid, 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. aforesaid, yeoman, on such a day, &c. at I. aforesaid, within the jurisdiction of this court, about 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. aforesaid, 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 bailiff to seize all his goods and chattels into the hands of the lord.

They also present,
Ibi. 102.

that A. B. of I. aforesaid, 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 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. aforesaid, 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 aforesaid 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. aforesaid, 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 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 himself to have done felony on [in and at] such a day, year, and place, for which recognition he abjured the realm, &c. and afterward returned 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. aforesaid, yeoman, within the jurisdiction of this court, counseled, instigated, procured, comforted, and abetted one L. M. &c. one black cow, of the value, &c. of the goods and chattels of one, &c. then and there found, feloniously to steal, take, and carry away: And the aforesaid L. by virtue of the counsel, instigation, 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 commanded to the bailiff that he as well the aforesaid 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. Therefor 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 aforesaid, and at this day have made default. Therefor 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 FOLLOWED. 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 followed 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 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. Therefor 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. Therefore 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 WRONGFULLY 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. Therefore they in mercy.

They also present,
Kitchin.

that E. W. and W. X. by their wives, are common tipplers (i. e. retailers) of ale, and have sold ale by unlawful measures, and have broken the assise. Therefor each of them in mercy, as appears above their heads.

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.

UNWHOLESOME 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.

UNWHOLESOME 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 accroached 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 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 conducted 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. aforesaid, 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 memory 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.

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. Therefor she in mercy, as appears above, &c.

ENTERTAINER 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. Therefor 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 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. servant 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 aforesaid, 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 frankpledge, 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. Whereupon it was commanded to the bailiff to seize [the same] into the hands of the lord, as escheats 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 lordship 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 manner 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 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, before 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 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 lordship, nor in the lanes to the same manor belonging, without a keeper, under pain of forfeiting 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.

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.

Notes

(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 probability, 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, however, 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 Constables). 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 confined 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 particular 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 perquisites 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). Forfeitures or penalties also, imposed by act of parliament upon offences inquirable in this court, are ipso facto incurred by the presentment, and require 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 committed 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, disorderly 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 freemen 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 compass of a note; and, in fact, belongs more properly to a different work.
↵

(37).
Benthams Introduction, p. clxxvi. It should be observed, however, 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 offenders to be mutilated: Eruantur oculi & abscindantur pedes vel testiculae 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, homicide, arson, robbery, rape, forgery, and the like, adds, which crimes are punished by death (ultimo supplicio) or mutilation (memb•o•um truncatione). 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 instituted by Henry II. (Dis. Epis. p. 8. 48.) But Mr. Madox has produced 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 indicted [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 criminals was by appeal, the consequence of which was either duel or purgation (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 investigation 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 interpretation 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 hujusmodi." 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 indictment 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 confine 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 common 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 General 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 circumstances 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 advantages 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 gentleness and humanity when contrasted with the more than savage barbarit• of a system he is taught to admire as the perfection of human jurisprudence. 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 adhering 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 between 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 condemned 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 commits 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 Missionary Priests," &c. a curious work, which every one who wishes to form a perfect idea of the charitable and tolerating disposition of the government, 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.
↵

1
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 Terminer 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.

↵

5
N. B. The conusance of several other offences is given to the Leet by act of parliament; 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 highways, 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 otherwise was himself punishable for their absence. Vide Spelmans Glossary, voce CAPITAGIUM.
↵

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.

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.

ALL the books, rolls, and other muniments of the Savoy Court, anterior to the year 1683, are supposed to have perished in private hands. But there is sufficient 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.

- 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.

{inverted ⁂} 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 measures," 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 examine 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 presentment, as well of the aleconners, as of the fleshtasters, scavengers and constables; which is conceived to be irregular. Vide E. C. 1690; M. C. 1690; E. C. 1691; E. C. 1700; &c.

Bailiff.

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 unwholesome 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.

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 archway 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 deputy 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 recommend it to the jury at the next court to set exemplary amercements upon them for their defaults."

Constables.

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 received and collected by virtue of their said offices of constable, 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 allowances made them, into the hands of Mr. Glisson Maidwell, the senior burgess of this mannor and liberty, to be by him applyed as this court shall direct and appoint, under 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.

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 Middlesex.

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 inhabitants in the Royall Ward

13

0

0

Received of the inhabitants in Church Ward

6

1

0

Received of the inhabitants in Middle Ward

17

8

9

Received of the inhabitants 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 attending the first day of term

1

4

0

50

11

3

Paid for the warder's coat, hat, and stockings

3

3

0

Constables

- Richd Robins,

- Richd Holt,

- John Howard,

- Tho. Collingwood.

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 Negus (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 majestyes 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 liberty; Thomas Ryder, living within the Middle Ward within this mannor and liberty; Jonathan Fantom, living within the Savoy Ward, within this mannor and liberty, were severally presented and chosen constables of their said respective 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."

{inverted ⁂} This amerciament was affeered, but without necessity, as the constables, by neglect and refusal, had, ipso facto, incurred the pain set at the former 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 constable, and nott officiateing as constable, nor any other person, for near seuen weeks, by which this liberty hath received 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 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 compelled 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 certain 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 contempt 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, two of the resiants and inhabitants within this manor and liberty, being duly sumoned thereto upon pain, according to antient custom, to serve our sovereign lord the king upon the enquest, and other offices for this manor 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 constable 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 required, 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 regarded as a matter of course. The difference between 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.

E. C. 1714. Robert Evans, "for takeing upon him the office of a constable, and exerciseing the same . . . without 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 vnreuerent behauiour in . . . court," fined 5s.

E. C. 1695. Richard Hall, "for vnreuerent behauiour, and giueing disturbance at this court," fined 5s.

E. C. 1697. Henry Jenings, "for vnreuerent behauiour at this court, for caleing the foreman of the jewry of this leet raskall, in contempt of this court, and the athoritey 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 himself 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 antiquity of the custom, of which there is similar evidence 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.

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 disorderly house for three months," amerced 3l. 10s.

Several others amerced for the same offence.

E. C. 1684. Anne Simpson (presented by the constables) "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 constables' 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.

E. C. 1710. James Keate, "for keeping a lewd disorderly house, and entertaining lewd and disorderly persons 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 neighbourhood, 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.

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 common 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 playing 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.

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

E. C. 1714. William Howell, "for keeping a common 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 gameing 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 neighbours 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.

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 landing 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 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 subject'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 incroachment 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 continuing 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.

E. C. 1773. William Hyde, "for makeing and continuing an incroachment upon the soil of our souvereign lord the king, by projecting the front wall of the house occupied 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 incroachment 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 person 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 pavement [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 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 improper 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 juryman, 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.

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 causeing 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 repassing 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.

E. C. 1685. Thomas Row, esq. "for making a dunghill 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 laystall 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 inhabitants 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 inhabitants," 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 cannot passe and repasse as they vsed and ought to doe," amerced 1l.

House of Office.

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 occasioning 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 footway with bird-cages," amerced 13s. 4d.

Open Places.

M. C. 1693. Upon the oaths of the constables, "Mr. Aldersey and Mr. William Bushel, the undertakers and managers of the city pipes, for breaking 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 considerable 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.

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 neighbourhood 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 negligently 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.

{inverted ⁂} 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 keeping 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 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 prisoners 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 contempt of 'the' court to serve the office of scavenger . . . being duely elected," fined 40 s.

{inverted ⁂} Since 17 these officers have been appointed by the commissioners of pavements.

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

Seliing Drink without a Licence.

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 belonging . . . 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.

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.

{inverted ⁂} The watch being now under different regulations, 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 presentments 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.

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 pennyworth 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 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 Wynchester 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, do present that the yard measures in general used by shopkeepers 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 respective 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 recommend 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 remonstrated with upon this occasion[*]."

See Aleconners.

Special Entries.

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"

{inverted ⁂} 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 comt. 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 bookseller in the said liberty, to be constab[l]e for the Savoy 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 the faith, &c. Anno Domini 1718, before William Bellamy, esq steward of the said mannor.

- Richard Willott Burgesses and burgesses assistants of the said liberty.

- Watkinson Burgesses and burgesses assistants of the said liberty.

- Phil. Pinckney Burgesses and burgesses assistants of the said liberty.

- Richard Cooper Burgesses and burgesses assistants of the said liberty.

- James French Burgesses and burgesses assistants of the said liberty.

- Daniel Browne Burgesses and burgesses assistants of the said liberty.

- John Wareing Burgesses and burgesses 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 summons 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 Wednesday the seaventh of May next."

"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 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 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 inhabitants 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 recommend it to all suceeding jurys, That it the time of their chooseing the officers and jury to succeed them, that they 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

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 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 neighburhood—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 conveniency of putting up their sacks, &c. appearing to be no nusance to any person [as] Mr. Hutchens our raker acknowledged.

- 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"

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 respectively 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 formerly 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.

THE OATHS OF THE OFFICERS.

OATHS OF THE JURY.

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!

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!

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!

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 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!

{inverted ⁂} The oath of the FLESHTASTERS is to the ssame effect.

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 belonging to the said office according to the best of your knowlege. So help you God!

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 liberty, beginning at the south-west corner of Temple-Bar, and from thence 'goeth' along by the wall of the Middle Temple on the south, and from thence 'extending' westward, 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 bounded all the way on the east side by the RoyalWard before described, and extending from the bottom of Milford Lane all along by the River Thames, as the said river runs towards 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 eastward 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 corner 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, being 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 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 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 opposite 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

*
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 acquainted with the nature of the offence in respect whereof the amerciament 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 thenceforward 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 restoration 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 affeerment was certainly superfluou
•
; and indeed, setting aside the antiquity 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 drunkenness, 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 consequence 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 commissioners 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 contained 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 appear 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 remembrance 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 majesty'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 researches of this industrious edito

•

. S
•••
e works was originally published in 1598.
↵

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Law-tracts: by Joseph Ritson, ...

Ritson, Joseph, 1752-1803.

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— Law-tracts: by Joseph Ritson, ..., Ritson, Joseph, 1752-1803.. [4],xxviii,50,[2];[2],xxviii,37,[1];[8],46p. ; 8⁰. London,. 1794.. [Contents: 'The office of constable'; 'The jurisdiction of the Court Leet'; and 'A digest of the proceedings of the Court Leet .. ' each with separate titlepage, pagination and register.] [Reproduction of original from the British Library.] [English Short Title Catalog, ESTCT146980.] [Electronic data. Farmington Hills, Mich. : Thomson Gale, 2003. Page image (PNG). Digitized image of the microfilm version produced in Woodbridge, CT by Research Publications, 1982-2002 (later known as Primary Source Microfilm, an imprint of the Gale Group).]

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