Jurifdiction of CourtLeets. Election of 19. The third is, to enquire of, punish, and remove all publick Nufances and Grievances, concerning Infection of Air, Corruption of Victuals, Eafe of Chaffer, and Contract of all other Things that may hurt or grieve the People in general, in their Health, Quiet and Welfare. 20. And to these three Ends, as Matters of Policy fubordinate, the Court-Leet has Power to call upon the Pledges that are taken for the good Behaviour of the Refiants, that are not Tenants; and to enquire of all Defaults of Officers, as Conftables, Ale-Tafters, and the like: and likewife for the Choice of Conftables, as aforefaid. 21. The Jurifdiction of these Leets ever remains in the King, and is in that Respect exercifed by the Sheriff in his Tourne; which is the grand Leet, granted over to the Subjects; but 'tis ftill the King's Court. 22. The Election of the Petty-Conftable is, at the Court-Leet by the Conftables. Inqueft that makes the Prefentments; the Election of the Head-Conftables is by the Juftices of Peace at their Quarter-Seffions. The Office is annual, except they be removed. They are now Men of inferior, yea, of base Condition; which is a mere Abuse or Degenerating from the firft Inftitution: for the Petty-Constables in Towns ought to be of the better fort of Refiants in the faid Town; fave that they fhould not be aged or fickly; but Men of able Bodies, in refpect of the keeping Watch and Toil of their Place ; neither ought they to be in any Man's Livery: and the High-Constables ought to be of the ableft fort of Freeholders, and of the substantiallest fort of Yeomen, next to the Degree of Gentlemen; but they ought to be fuch as are not incumbred with any other Office, as Mayor of a Town, UnderSheriff, Bailiff, &c. Are to act Gratis. 23. They have no Allowance; but are bound by Duty to perform their Offices Gratis: which may the rather be endured, because it is but annual; and they are not tied to keep or maintain any Servants or Under-ministers, because every one of the King's People are bound to affift them. Are punish24. Upon Complaint made of his Refufal to any one Juftice of Peace, the able for Re- faid Juftice may bind him over to the Seffions; where if he cannot excuse fufal. himfelf by juft Allegation, he may be fined and imprisoned for his Contempt. The Power of 25. The Authority of Conftables, as it is fubftantive, and of itself; or Conftables. fubftituted, and bound to the Warrants and Commands of the Juftices of Peace; fo again it is original, or additional: for either it was given them by the Common Law, or elfe annexed by diverse Statutes. And as for fubordinate Power, wherein the Conftable is only to execute the Commands of the Juftices of Peace; and likewife the additional Power, which is given by diverfe Statutes; 'tis hard to comprehend them in any Brevity: for they cor refpond to the Office and Authority of the Juftices of Peace, which are very large; and are created by the Branches of feveral Statutes; which are things of different Natures. But for the original and fubftantive Power of a Conftable, it may be reduced to three Heads; viz. (1.) Matter of Peace only ; (2.) Matter of Peace and the Crown; and (3.) Matter of Nufance, Difturbance and Disorder; altho not accompanied with Violence and Breach of the Peace. 26. For 26. For pacifying of Quarrels begun, the Conftables may, upon hot Words given, or likelihood of Breach of Peace to enfue, command them, in the King's Name, to keep the Peace, and depart, and forbear: and fo he may, where any Fray is made, part the fame, and keep the Parties afunder; and arreft and commit the Breakers of the Peace, if they will not obey; and call Power to affift him for the fame purpose. 27. For the Punishment of Breach of Peace past, the Law is very tender and fparing in giving any Authority to Conftables; because they have no judicial Power: and the Ufe of the Office is rather for preventing or staying Mischief, than for punishing Offences; for in that part he is rather to execute the Warrants of the Juftices; or when any fudden Matter arifes upon his View, or notorious Circumftances, to apprehend Offenders, and carry them before the Juftices of Peace; and generally to imprifon in like Cafes of Neceffity, where the Cafe will not endure the prefent carrying of the Party before the Juftices. 28. For Matters of the Crown, the Office of Constable confifts chiefly In Matters of in these four Parts: (1.) Arreft; (2.) Search; (3.) Hue and Cry; and, the Crown. (4.) Seizure of Goods. All which the Conftable may perform of his own Authority, without any Warrant of the Juftices of Peace. 29. (1.) For, firft, if any Man will lay Murder or Felony to another's Charge, or do fufpect him of Murder or Felony, he may declare it to the Conftable; and the Conftable ought, upon fuch Declaration or Complaint, to carry him before a Juftice and if by common Voice or Fame any Man be fufpected, the Constable of Duty ought to arreft him, and bring him before a Juftice; tho there be no other Accufation or Declaration. 30. (2.) If any House be fufpected of receiving or harbouring any Felon; the Conftable, upon Complaint, or common Fame, may search. 31. (3.) If any one fly upon the Felony, the Conftable ought to raise Hue and Cry; and fearch his Goods, and keep them fafe without impairing, and to inventory them in the Presence of honest Neighbours. 32. (4.) For Matters of common Nufance and Grievance, they are of In Matters of a very variable Nature, according to the feveral Comforts which Man's Nufance and Life and Society requires, and the Contraries which infeft the fame. 33. In all which, be it Matter of corrupting Air, Water, or Victuals, or ftopping, ftraitening, or endangering Paffage; or general Deceits in Weights, Measures, or Sizes; or counterfeiting Wares, and things vendicable; the Office of the Constable is to give, as much as in him lies, Information of them, and of the Offenders in Leets, that they may be prefented but because Leets are kept only twice in the Year, and many of these things require prefent or fpeedy Remedy; the Conftable, in things of notorious and vulgar Nature, ought to forbid and repress them in the mean time. Grievance. 34. Conftables are for their Contempt to be fined and imprisoned by the Conftables, Juftices in their Seffions. 35. The Conftables Oath runs thus. how punishable. "You fhall fwear that you The Oath of " and fhall well and truly ferve the King, and the Lord of this Law-day; Conftables. VOL. II. Hh bles. 66 "and you fhall caufe that the Peace of our Sovereign Lord the King "fhall be well and duly kept, to your Power and you fhall arrest "all thofe that you fee committing Riots, Debates, and Affrays, in "Breach of Peace and you shall well and duly endeavour yourself, to your best Knowledge, that the Statutes of Winchester for Watch, Hue "and Cry, and the Statutes made for the Punishment of sturdy Beggars, Vagabonds, Rogues, and other idle Perfons coming within your Of"fice, be truly executed, and the Offenders punished and you fhall en"deavour, upon Complaint made, to apprehend Barratters and riotous "Perfons making Affrays; and likewise to apprehend Felons: and if any "of them make Refiftance with Force, and Multitude of Mif-doers, you fhall make Out-cry, and pursue them till they be taken; and fhall "look unto fuch Persons as use unlawful Games: and you fhall have re"gard to the Maintenance of Artillery: and you fhall well and duly "execute all Procefs and Precepts fent to you from the Juftices of "Peace of the County and you shall make good and faithful Prefent"ments of all Blood-fheds, Out-crys, Affrays, and Refcues made within your Office and you fhall well and duly, according to your Power "and Knowledge, do that which belongs to your Office of Constable to "do, for this Year to come. So help, &c." 66 The Authori 36. The Authority of the two Conftables is the fame in fubftance; differing ty of Confta- only in extent: the Petty-Constable serving only for one Town, Parish, or Borough; the Head-Constable serving for the whole Hundred. Neither is the Petty-Constable subordinate to the Head-Constable for any Command that proceeds from his own Authority; but it is used, that the Precepts of the Juftices be delivered to the High-Conftables, who being few in Number, may better attend the Juftices; and then the Head-Constables, by virtue thereof, make their Precepts over to the Petty-Conftables. Deputy-Conftables. 37. In Cafe of Neceffity the Conftable may appoint a Deputy, or in Default thereof, the Steward of the Court-Leet may; which Deputy ought to be fworn before the faid Steward. Summary of 38. In fine, the Office of Conftables confifts wholly in these three. she Constable's things; viz. (1.) The Confervation of the Peace; (2.) the ferving of PreOffice. cepts and Warrants of the Justices; and, (3.) their Attendance for the Execution of Statutes. SECT. SECT. II. The OFFICE of JUSTICES of the PEACE. "T I. HE Sheriff's Tourne is a Court very ancient, incident to his Of The King's fice. At the first it was erected by the Conqueror, and called Bench first inthe King's Bench; appointing Men fkilled in the Law to execute fituted, and its JurifdiJustice, as Substitutes to him, in his Name; which Men are to be called Etion. Jufticiarij ad placita coram Rege affignati: one of them being Capitalis Jufticiarius, call'd to his Fellows; the reft in Number as pleafes the King; of late but three Justiciarij were held by Patent. In this Court every Man above twelve Years of Age was to take his Oath of Allegiance to the King; if he were bound, then his Lord to answer for him. In this Court the Conftables were appointed, and fworn; Breakers of the Peace punished by Fine and Imprisonment; the Parties abused or hurt recompenfed upon Complaints of Damages; all Appeals of Murder, Maim, or Robbery, decided; Contempts against the Crown, publick Annoyances against the People, Treafons, Felonies, and all other Matters of Wrong betwixt Part and Party for Lands and Goods. 2. But the King feeing the Realm grow daily more and more populous, Court of Marand that this one Court could not dispatch all; firft ordain'd that his Mar-halfea, and fhal should keep a Court, for Controverfies arifing within the Verge, tion. its Jurifdiwhich is within twelve Miles of the chiefeft Tunnel of the Court: which only eased the King's Bench, in Matter concerning Debts, Covenants, and fuch like, of those of the King's Houfhold alone; never dealing in Breaches of the Peace, or concerning the Crown by any other Persons, or any Pleas of Lands. tuted. 3. The King, for farther Eafe, having divided this Kingdom into Sheriff's Counties, and committing the Charge of every County to a Lord or Tourne infli Earl; directed that thofe Earls, within their Limits, fhould look to the Matter of the Peace, take charge of the Conftables, reform publick Annoyances, fwear the People to the Crown, and take Pledges of the Freemen for their Allegiance; for which purpose the County kept a Court once a Year, called the Sheriff's Tourne; at which all the County, except Women, Clergy, Children under twelve, and not aged above fixty, appeared to give or renew their Pledges for Allegiance. And the Court was call'd, Curia franci Plegij, a View of the Pledges of Freemen ; or, Turnus Comitatus. Court into 4. At which Meeting or Court there happened, by occafion of great Subdivision Affemblies, much Bloodfhed, Scarcity of Provifions, Mutinies, and the of the Countylike Mischiefs, incident to the Congregations of People; by which the Hundreds. King was moved to allow a Subdivifion of every County into Hundreds ; and every Hundred to have a Court; whereto the People of every Hun Hh 2 dred the County committed to the Sheriff. dred should be affembled twice a Year, for Survey of Pledges, and use of that Justice, which was formerly executed in that grand Court for the County; and the Count or Earl appointed a Bailiff under him, to keep the Hundred-Court. The Charge of 5. But in the end, the Kings of this Realm found it neceffary to have all Execution of Juftice immediately from themselves, by fuch as were more bound than Earls to that Service, and readily subject to Correction for their Negligence or Abuse; and therefore took to themselves the appointing of a Sheriff yearly in every County, calling them Vicecomites, and to them directed fuch Writs and Precepts for executing neceffary Juftice in the County; committing to the Sheriff Cuftodiam Comitatus; by which the Earls fpared their Toil and Labour; and that was laid on the The Sheriff Sheriffs. So that now the Sheriff does all the King's Bufinefs in the Fudge of all County and this is now called the Sheriff's Tourne; that is to fay, he is Judge of this grand Court for the County; and alfo of all Hundred-Courts not given away from the Crown. Hundred Courts. County-Court 6. He has another Court, called County-Court, belonging to his Office, kept monthly wherein Men may fue monthly for any Debt or Damages under 40 7. and may have Writs to replevy their Cattle diftrained and impounded by others; and there try the Caufe of their Diftrefs and by a Writ called Jufticies, a Man may fue for any Sum. And in this Court, the Sheriff, by a Writ called an Exigent, proclaims Men fued in Courts above to render their Bodies, or else they are out-law'd. The Office of the Sheriff Hundred Courts to whom first granted. 7. The Sheriff ferves the King's Writs of Procefs, be they Summons, or Attachments, to compel Men to anfwer the Law; and all Writs of Execution of the Law, according to Judgments of fuperior Courts, for taking Mens Goods, Lands, or Bodies, as the Caufe requires. 8. The Hundred-Courts were most of them granted to religious Men, Noblemen, and others of great Place: many Men alfo of good Quality have obtained by Charter, and fome by Ufage within Manors of their own, Liberty of keeping Law-days; and there to use Juftice appertaining to a Law-day. Lord of the 9. The Lord of the Hundred-Court is to appoint two High-Conflables of Hundred to the Hundred; and also to appoint in every Village a Petty-Constable, with High-Confta- a Tithing-Man, to attend in his Abfence, and to be at his Command, when he is prefent, in all Services of his Office, for his Assistance. appoint two bles. ro. There have been, by Ufe and Statute-Law, (befides the furveying of the Pledges of Freemen, giving the Oath of Allegiance, and making Conftables,) many Additions of Powers and Authority given to the Stew ards of Leets and Law-days, to be practifed in their Courts: as for Example; they may punish Inn-keepers, Victuallers, Bakers, and Tradefmen of all forts, felling with Underweights or Measures, or at exceffive Prices, or things unwholfome, or ill-made, in Deceit of the People. They may punish those that stop, ftraiten, or annoy the High-ways; or do not, according to the Provifion enacted, repair or amend them; or divert Water-courfes, or deftroy Fish, or ufe Engines or Nets to take Deer, Conies, |